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CONTENTS OF THIS VOLUME.
PREFACE
CALENDAR
GENERAL INDEX -
ERRATA
PAUE
ix-lv
- 1-774
- 775-828
829
PREFACE.
THE present volume of this Calendar includes the State State of the
/~1 l *
papers from the 1st of January 1681 to the 7th of
February, the day of King Charles the Second's death.
The preceding volume closed at a critical moment for
many of the British Colonies. In the West Indies
Barbados was awaiting, not without anxiety, the arrival of
a new Governor. Jamaica, just emerged triumphant from
a constitutional struggle, was wondering, full of suspicion,
whether the Crown would keep faith with her. The
Leeward Islands, trembling before the eternal apparition
of French warships and French bayonets, were striving
to gain for themselves neutrality in case of war; and
Bermuda was full of the unrest generated by a successful
attack on the Somers Islands Company and by the prospect
of a new government.
In America all New England was watching for the
fate of rebellious Massachusetts, rebellious for so long with
impunity. New Hampshire, little less interested in the
struggle than New England, looked, not without mis-
givings, for the establishment of the direct government of
the Crown within her border. In New York the whole
administration of the government was under inquiry by
special commissioners ; Pennsylvania was only lately come
into being, but was already eyed askance by her neighbour
Maryland ; finally, Virginia was but just recovered from
a rebellion, and was in a state of discontented calm which
might easily break up into turbulence and riot. In
8 Y 93366. b
PREFACE.
MASSA-
CHUSETTS.
Evasion of
the Royal
orders.
England the Crown had fairly initiated the policy of
greater interference with the Colonies, and the Colonies,
hardly one of them without some earnest claim or burning
grievance against the Crown, were waiting to see whither
this policy would lead.
Massachusetts was the leader of the opposition to the
Crown,, and to Massachusetts we must first direct our
attention. She had been sternly warned in the year
1680 ; and on the very first page (2) we find an instance
of that pliancy in speech and stubbornness in action which
had governed her relations with the Crown for the past
half century. The King had directed agents to be sent
to England : agents should be sent as obedience to the
King required. Such a procedure did not want for
racriptural sanction, and had been found in the past " a
" means of lengthening out tranquillity," a means, that
is to say, of tiding over times of difficulty till embarrass-
ment in other quarters should distract the Hoyal attention
from Massachusetts. The agents, therefore, should be
sent, but with strict injunctions to yield nothing that
could weaken the government established by Patent, or
the rights and privileges bestowed by the Lord their God.
This was in January 1681, and the resolution was known,
probably, to few outside the limits of Boston. No letter
was written to the English authorities until June (126),
and then only with the usual object of gaining time.
However, at last the Secretary of Massachusetts informed
Sir Leoline Jenkins that the Royal orders had been obeyed
in every respect, except in the matter of sending agents.
The General Court had made choice of several men, but
had received the consent of none. "So it is, Eight
" Honourable, that we cannot prevail with persons in
" any degree qualified to undertake such a voyage at
" this time." Too many agents had been captured by
PREFACE. XI
Algerian pirates and were not yet ransomed. The Colony,
while disclaiming all intention of evading obligations,
hoped that this explanation would be satisfactory.
While this letter was on its way the indefatigable Edward Edward
, . . Randolph.
.Randolph was working steadily at the mines wmcn were
to bring the Charter of Massachusetts crumbling about
the Colony's ears (48, 68, 83, 84, 91). The Attorney-
General's opinion was taken respecting certain illegal
acts of the government at Boston (92, 122), and these
being considered by the Lords of Trade, it wus resolved
that unless that government made speedy submission its
charter should be called in question next Hilary term,
(147). Lord Culpeper, the Governor of Virginia,
strengthened Kandoiph's hands by a condemnation of
the base coin issued by the mint at Boston (200), and
the Commissioners of Customs, though writing in a more
judicial spirit, spoke hardly less strongly of the obstruction
shown towards the King's revenue-officers by high and
low in the ports of Massachusetts (211).
On the 12th September 1681 the temporising letter
from the General Court arrived and was read at the
Board of Trade and Plantations. Such letters had served
their purpose often enough during the past half century,
but it would have been thought that their time was gone
by. In effect the draft of a very strong despatch,
unfortunately undated, seems to have been submitted to
the King at this time (266), but to have been withdrawn
in favour of a milder message, professing unwillingness to
believe that the excuse as to the agents was untrue,
and merely appealing to the Colony to obey the injunc-
tions, which so far it had taken special pains to ignore
(264), as to the enforcement of the Navigation Acts.
For some months little more is heard of the Colony, The Colony
till in February 1682 we find the agents, Joseph Dudley
b 2
xii PREFACE.
and John Richards, duly chosen and their instructions
drawn out. After two more months came letters from
Randolph filled with the usual reports of obstruction and
violence shown to him in the execution of his office of
King's collector, of evasion of promises made to the King,
in a word of a continuance of all the old evils. " The
" King's letters." he writes, " are of no value here.
" Nothing will serve but bringing a quo warranto against
" their charter, which may save my life and reform this
" government " (466). Another month passed away,
and then the news that the writ of quo warranto had
actually been ordered against the charter brought the
Colony suddenly to its senses. Having proclaimed a
fast-day for the Divine blessing on the errand of their
chosen agents, the General Court despatched them with
a letter and petition of excuses for the delay, and with
the sum of 4,000?. to " improve any meet instrument for
" the obtaining of a general pardon, and a continuance
" of the charter " (521, 529, 558, 662).
Their arrival. On the 24th of August the agents presented themselves
before the Board of Trade and Plantations (660), assured
the Lords of the submission of the Colony, and were
directed to bring on that day week an account in writing
of its compliance with the King's orders. On the meeting
of the Board on the 31st of August a recapitulation of the
old charges against the Colony was first read (672), and
the agents then presented their answer as they had been
bidden. In reply to the many charges of obstruction to
the King's revenue-officers, they put forth the simple but
shamelessly untrue statement that Mr. Randolph had been
and was still supported in the execution of his duty. Being
asked for proofs, they begged for time to produce them ;
being asked as to their powers, which the King had directed
should be full powers, they said they had none. On the
PREFACE. xiii
other side the Board had before it abundant proof that
the allegation as to the support given to Randolph was,
in plain language, a lie, while the Colony, far from giving
evidence of improved loyalty, had ostentatiously sheltered
a Scotchman who boasted himself to be one of the
murderers of Archbishop Sharpe (441, 447, 466, 526,
547, 559, 579, 580). Indeed, Thomas Danforth, the
leader of the opposition to the Koyal authority, had been
heard to say that in New England they were a free people
with whom the King had no concern (594).
A fortnight later the Board, having considered the Peremptory
action of the
instructions of the agents and the proofs adduced by Lords of
rpi i
them, ordered them peremptorily to write at once for
full powers to agree to a reform of the government j in
default of which a new writ of quo warranto would be
brought at the beginning of Hilary term, or, in other
words, in January 1683 (697). The first day of Hilary
term came but brought nothing from the agents except a
petition for time (911), though the interval had produced
a fresh crop of damaging accusations and testimonies
from Kandolph (645, 698, 715, 728, 753, 781, 926). The
more moderate leaders in the Colony, however, began to
grow nervous, and in February 1683 the Governor, Brad-
street, wrote to Kandolph, who was just starting for
England, begging him to do nothing to the prejudice
of Massachusetts. Randolph's answer (930), considering
the immense provocation which he had suffered and the
triumph that he must have felt over such a plea for mercy,
is moderate enough. " You have acted illegally," he said
in effect, " and are at the King's mercy, but I forgive all
" offences to me heartily, and when once you have
" submitted I shall do my best for you." And therewith
he sailed for England, arriving, after a foul passage, on
the 29th of May (1083). On the very next day the Board
XIV
PREFACE.
of Trade and Plantations summoned the agents, and
receiving as usual no satisfactory reply from them,
ordered the Attorney -General to take the business of the
quo warranto in hand (1084). Randolph's arrival in
London quickened matters considerably. He brought,
indeed, a letter with him from the Governor and Com-
pany, containing congratulations on the preservation of
the King's life from conspiracy, and begging abjectly
that the charter might be spared (1032). But an address
from the inhabitants praying for the maintenance of the
established government, which had been signed under
compulsion (1100), and a list of the magistrates nomi-
nated for 1683 with Danforth, the head of the disloyal
party, at the top of the poll (1114), told a different story.
On the 12th of June the Attorney- General was directed by
Order in Council to obtain Randolph's evidence, and to
issue the fateful writ against the Governor and Company
of Massachusetts (1101, 1120, 1124).
The articles against them were easily drawn up (1121),
and Randolph, to cut the ground from under the feet of
the disloyal party in the Colony, petitioned that no taxes
doiph'shand. for the defence of the charter should be imposed on such
of the Colonists as were willing to surrender (1135).
The agents, seeing that the game was up, begged for
permission to return that they too might counsel surrender
(1151). Finally a Royal declaration, offering liberal terms
on condition of immediate submission, was drawn up by
Randolph's advice (1145, 1159), and was despatched,
together with the writ of quo warranto, by the same inde-
fatigable hand. Randolph begged hard for a frigate to
convey him, but the Admiralty could not provide one
(1150, 1161), so he was fain to take his passage in a
merchantman for the quicker despatch of his business,
recommending only that a frigate should follow him to
The Quo
Warranto
issued and
despatched
by Ban-
PBEFACE. XV
support the parchment writ and to show, by the mere
display of force, that the King was at last in earnest
(1165, 1174). Letters received from Governor Cranfield
shortly after his departure showed that Massachusetts
only persisted in her recalcitrance from an idea that the
King would not go to the expense of coercing her. It
was clear enough that, promise the agents what they
might, the ruling faction could not be trusted to keep
faith (1129, 1130).
Randolph arrived in Boston on the 26th of October, and Division in
the Colony.
found that the agents, who had started earlier than him-
self, had warned the General Court that the quo warranto
was on its way. The General Court met to deliberate as
to its course, but the disloyal faction, still trusting that
troubles in England would deliver them from the clutches
of the Crown, adhered to their old policy of trifling in
order to gain time, and, stimulated by a hot-headed young
Minister, decided to instruct counsel to defend the charter.
The Governor, however, and a majority of the magistrates
were for yielding, and made their submission indepen-
dently (1445) ; while the people at large, taking advantage
of the King's declaration, refused to pay taxes to defray
the cost of the defence (1541, 1566, I.). Having fulfilled
his mission, Randolph sailed again for England, and
arrived, after a terrible passage in the middle of February
1684, too late to get judgment entered against the charter.
He set to work, therefore, to put the machinery of the
law once more in motion (1574, 1575). There were
sundry little hitches, duo, it should seem, to the obstruction
of the sheriffs of London, who had their own reasons for
not loving writs of quo warmnto (1662, 1677). Thus it
was not till June that the proceedings came to a definite
issue under a writ, not of quo warranto, but of scire facias
(1742, 1745, 1762), and not till October that the
judgment against the charter was finally confirmed.
XVI PREFACE.
Proceedings Throughout this period, from the spring to the autumn
solution of of 1684, the disloyal faction in Boston, with the ministers
' er- of religion at their head, continued to preach defiance,
declared the party of surrender to be enemies to their
country (1589, 1808), and even repaired the fortifications
of Boston. But the more moderate party, and in par-
ticular Joseph Dudley, saw the futility of this empty
bluster, and did their best by reiteration of their sub-
mission to obtain good terms for their country (1603,
1670). The Lords of Trade then busied themselves with
discussion of the new government of an united New
England, which was to be formed under the headship
of Colonel Percy Kirk, of the Tangier Regiment (2nd
Foot), but the proceedings, though worthy of study, do
not progress far enough to deserve more than mere
mention. (See Index under Massachusetts.) The charter
was gone, and one chapter in the life of Massachusetts
was closed.
I have dwelt on the story at some length since the
American historian of New England, with perhaps pardon-
able bias, can see nothing but evil in the relentless energy
of Edward Randolph as the servant of the Crown, and
nothing but heroism in the attitude of the disloyal faction
led by Thomas Danforth. It is, however, reasonable to
remember that the charter which Massachusetts prized
so highly was after all granted by the Crown, and that
the privilege which it arrogated as the gift of the Lord
its God was simply that of violating it at its own sweet
will. It is true that it claimed to have established a
reign of the saints, a dynasty, however, under which, as
may repeatedly be seen in this Calendar, truthfulness did
not flourish in high places. The surrender of virtual
independence, which Massachusetts had enjoyed for fifty
years, was of course a bitter humiliation for a proud and
ambitious little community, but whether in the light of
PREFACE, xvii
subsequent events it is still cause for lamentation is another
question. Independence such as Massachusetts now enjoys
was impossible until the French should be expelled from
Canada, liberty such as she now enjoys as impossible
until the theocracy which she had established in defiance
of her cherished charter had been broken down. Both
of these services were rendered mainly by the Mother
Country.
I turn now to New Hampshire, where the influence of NEW HAMP-
SHTRF Tt^
Massachusetts was little less strong than in Boston itself, subservience
The close of the previous volume of this Calendar left ^Massa-
chusetts.
the province under a provisional government, with John
Cutt, " a very just and honest but ancient and infirm
man," installed for the time as Governor. Cutt died in
March 1681, and his funeral having been honoured by
the consumption of two barrels and a half of gunpowder
(p. 46), the presidency passed into the hands of Richard
"VValdern* or Waldron. The first letter from the new
government transmitted the laws of the province (98,
98, I.), which are not unworthy of study as showing the
extent to which the theocratic principles beloved of
Massachusetts had taken root in New Hampshire. The
proceedings of the Council enclosed with the same
letter are also of interest. They give us among other
matters the organisation of the Militia and the state
of the Treasury viz., debitor, 131 /. 13s. 4<d. ; creditor,
851. Os. 4d. But they show the influence of Massa-
chusetts still more in the steady rejection of the Royal
authority, first by the constant thwarting of Edward
Randolph and his deputies in their efforts to enforce the
Navigation Acts, and, secondly, in the resolute refusal to
* He spells his narae Waldern, his son Walderne, others spell it
Waldron, Waldren, and occasionally Walrond, which last, from the pre-
ponderance of Devonshire names in New Hampshire, I suspect to he
the correct form.
XVlii PREFACE.
accept Robert Mason as proprietor of the province, as
had been enjoined upon the inhabitants by the King.
The controversy on these two points governs the whole
history of New Hampshire so far as it is disclosed in
the present volume (see Index, Mason, Randolph).
Resistance The first letter from the new secretary, Richard
orders. Chamberlain, who had been appointed by the Crown,
gave sufficient indication of the troubles that lay ahead.
Chamberlain was duly admitted to his office as a matter
of form, but no salary was given to him and the books
were not delivered to him. Moreover three of the Council,
appointing themselves joint secretaries and registrars of
the province, not only took upon themselves his functions,
but appropriated to themselves his perquisites (106).
The Council then turned upon Robert Mason, and, far
from yielding to his claims of proprietorship, actually
ordered his arrest for usurpation of Royal authority,
while at the same time protesting vehemently to the
Lords of Trade and Plantations against his pretensions
(113, 124). Mason in despair returned to England,
and in September 1681 laid his complaint before the
Lords (228, 288, 292). Waldern, the President, he
accused of speaking dangerous words of the King,
Martyn, the treasurer, of saying that the King had
no more to do in New Hampshire than Robin Hood.
The Board decided that in such a state of affairs a
Governor with the King's commission must be sent
out to settle the country (346, 361). Mason offered to
surrender a fifth part of his estate in New Hampshire
for the support of the Government, and a Governor was
appointed in the person of Edward Cranfield (374, 375).
Governor The instructions to Cranfield were in the circumstances
despatched, moderate. He was ordered to suspend Waldern and
ulties Martyn from the Council, but empowered to re-admit
PREFACE. XIX
them if he thought fit, and he was directed to decide
all disputes between the inhabitants and Mason (454).
This last was a direction more easily given than executed.
In October Cranfield arrived at New Hampshire (738, 756),
and after inquiry into Mason's charges against Waldern
and Martyn decided that they were overstrained, and re-
admitted both men to the Council (824). A month later
he wrote that his mind was totally changed (868). A
representation from Edward Randolph had shown that
the Royal authority was utterly contemned by Waldern
and Martyri (755), and that no justice Was to be found
in New Hampshire or in New England, except for
members of the Congregational Assemblies. Juries,
encouraged by the recent acquittal of Lord Shaftesbury at
the Old Bailey, an event which wrought great influence
in the Colonies, gave verdicts against the King whatever
the evidence (870). Cranfield suspended the principal
offender, Elias Stileman, from the Council, the first of
many such suspensions; but he confessed that in the
present mood of the people he saw no prospect of
obtaining money for the expenses of government, and
begged for power to raise 1,OOOZ. a year by the sole
authority of himself and the Council (885).
The Governor's forebodings proved to be well grounded. Gove's
The Assembly, taking its cue from the Congregational
ministers, would pass no laws according to the methods
prescribed by the Royal Commissioners, and was accordingly
dissolved. A few days later the prevailing discontent
showed itself in an abortive rising, or, as Cranfield called
it, rebellion, headed by one Edward Gove. The disorder
was easily suppressed; Gove was tried for high treason
and condemned, though not until Cranfield had secured
an Act giving him sole power of impanelling the jury;
and the culprit was finally sent home under the charge
XX PREFACE.
of Edward Randolph, to atone for his treason, not by
death, but by a few years of imprisonment in the Tower
(906, 953, and index, Gove).
Oanfield There seems little doubt but that Martyn at any rate
enforce 6 the was W IV 7 * ^ s petty insurrection (1306). Cranfield,
Koyai orders. fi nc ji n g troubles increase, suspended him, together with
Waldern and another obstructive, from the Council, and
urged the Lords of Trade to take strong measures
against Massachusetts, as the true leader and inspirer
of the spirit of disloyalty (997, 1024). All New England,
by his account, was of a piece. Connecticut and New
Plymouth were the same as Boston, as corrupt but
more ignorant. There was matter enough against them
to cancel their charters. The Ehode Islanders were " a
mean and scandalous sort of people," whose charter
also should be cancelled. Above all, the preachers in
Massachusetts were leaders of mischief, and the College
at Cambridge, which Cranfield could never vituperate
enough, was a school for trumpeters of sedition (1316).
The news that the capital sentence on Gove had been
remitted produced a bad effect in the Colony when it ar-
rived. Robert Mason, attempting to enforce his rights by
eviction, found himself opposed by gunpowder, hot water,
and spits, the people being incited by "Waldern and by
the Boston preacher, Moody. Another obnoxious member
was purged from the Council, but with little result (1386).
A new Assembly was called, but refused, like the first, to
vote any supplies, and was dissolved without passing a Bill.
Cranfield was in despair (1508). A new councillor of his
own nomination was now found to be a snake in the grass,
and was, like many others, suspended (1683). Cranfield's
health was failing and he pressed hard for leave of absence
and implored that a frigate should be allowed him to
enforce the Royal authority (1700, 1701).
PREFACE. XXI
His troubles, however, were near their end. An old His recall,
enemy of his, Nathaniel Weare by name, in July 1684
formulated charges against his behaviour in respect of
the disputes between .Robert Mason and the people. These
in spite of a long defence, were held to have been proved
(1800, 1807, 1895-1897, 1970), and he was presently
recalled. His position was an impossible one, but he
cannot be said to have made the best of it. He seems
to have been easily duped into false trust, and as
easily spurred to arbitrary violence, sure signs of a
weak and incapable man. Moreover, he was not above
suspicion of corruption. The cure for the evils of New
Hampshire was sought in its comprehension within the
reconstituted government of New England (1928), which
will be better studied in the next^volume of this Calendar.
Of the rest of the New England States there is little, NEW
from the documents before us, to be said. The dispute -phe whole
about the Narragansett country or King's province, which Government
raged so furiously in the last volume of this Calendar, was stituted.
referred to a Commission (1039), which duly undertook the
task of deciding it. Rhode Island, of course, objected to its
proceedings (1252, 1253), but the Commissioners, none the
less presented a voluminous report in favour of Connecticut
and the grantees of Connecticut (1986). It was hoped
that the inclusion of this province also in the government
of New England would settle the dispute for ever (1941).
Of New Plymouth we see little except a petition for a
new charter (1389), and of Connecticut practically nothing ;
while from Maine we have little beyond a petition for
relief from the rule of Massachusetts and for immediate
subordination to the Crown (841, I.). New Plymouth and
Maine were also thought suitable for admittance to the
united colonies of New England (1928, 1955), so no more
need be said of them here.
xxn
PREFACE.
YORK.
Arrival of
Governor
Dongan.
His energy
against
French en-
croachments,
PENNSYL-
VANIA.
The dispute
with Mary-
land as to
boundaries.
Turning next to New York, our earliest notices are
of the report of John Lewin on the government of Sir
Edmund Andros, Sir Edmund's systematic denial of every
imputation therein (348, 352), and the final acquittal of
Andros. But early in 1682 the Duke of York announced
his intention of granting to the settlement the privileges
of other English Colonies (449), and followed this by the
appointment of Colonel Thomas Dongan to be Governor,
with all the powers entrusted to the King's Governors
and a salary of 4001 a year (724, 725, 917, 918). The
interest of this appointment consists in the fact that
Dongan was the first Englishman who saw the impor-
tance of resisting French encroachment and of checking
their design of seizing the interior and confining the
British to a mere strip of the coast. In the present
volume only a foreshadow is to be seen of the energy that
he was to show during his period of government, but his
correspondence with Governor de la Barre of Quebec,
protesting against his hostilities against the friendly
Iroquois, sufficiently show what manner of man he was;
ever watchful over the interests of his country and jealous
of any interference with his native allies. As a soldier
of experience he showed, almost alone among British
Governors, appreciation of the value of strategic as well
as commercial stations (1415, 1735, 1746, 1772, 1773,
1817, 1818). The closing instructions which he received
from the Duke of York to avoid anything that might
involve New York in dispute with the French (1979), can
hardly have been welcome to him. Another four years,
however, was to see the dependence of Britain on France
ended for ever.
From New York the natural transition is to Penn-
sylvania, which began its existence in the year 1681. . The
early pages of this Calendar contain record of debates
PREFACE, XXlli
and decisions as to the patent to be granted to William
Penn (6, 8, 30), culminating in a draft of the patent
itself (32), and a letter to Lord Baltimore to agree with
Penn as to the boundaries between Pennsylvania and
Maryland (62). Probably no one dreamed how difficult
this question would be found of settlement, nor how
acrimonious a controversy would rage over it. The
opening of the dispute may be traced in a letter of Lord
Baltimore's, enclosing one of Penn's in March 1682
(437) ; and there are records of four several meetings
between the two men (849, 1089, 1117, 1179), the first
of them purporting to be a report taken down in short-
hand of the actual words employed, but denied by Penn
to be authentic. Penn's object was to obtain an outlet
to the sea, and Lord Baltimore's to forbid it. The
whole of the weary wrangle can be traced through the
index to its final reference to the Lords of Trade and
Plantations, before whom it remained unsettled until the
following reign. Penn's own letters are but three (437, If.,
1171, 1179), the second of them, addressed to a secretary
in Lord Sunderland's office, being characteristic enough.
The chief point of interest in the third is Penn's state-
ment that his policy of buying, instead of taking, land
from the Indians was due to advice of the Bishop of
London. Penn has always enjoyed the credit of this just
dealing, and it is curious to find that it was due, not to
a Quaker, but to the Anglican prelate, once a life-guards-
man and not yet quite done with the buff coat, Henry
Compton.
Passing from Pennsylvania to Maryland, we find our- MARYLAND.
selves once more in troubled waters. Lord Baltimore, the Baltimore's
Catholic proprietor, entertained exactly the same dislike
of the Navigation Acts as the Congregational republicans
of Massachusetts. He refused, therefore, to support the
xxiv PREFACE.
King's revenue-officers and preferring to establish his
own. The re venue- officers in question, Nicholas Badcock
and Christopher Rousby, seem to have done their duty
with singular fearlessness, and Lord Baltimore, wise in
his generation, was careful to complain of them before
they could complain of him, though the Commissioners of
Customs received at least one letter in time to put them
on their guard. By Lord Baltimore's account Rousby
possessed every vice to be found in the human heart, his
range of crime extending from low debauchery to high
treason (129, 151, I.) : but Rousby retorted with a telling
vindication of himself, and with strong hints that Lord
Baltimore only desired the removal of himself and
Badcock to make room for two of his lady's sons-in-
law (328, 1 .-IV.). The result was a crushing letter of
rebuke to Lord Baltimore from the King, warning him
that he had only narrowly escaped the impugnment of
his patent by quo warranto (403), which brought him
quickly to his knees (507).
Alarm of a Meanwhile Maryland had been disturbed by what,
risin p
in Lord Baltimore's eyes, seemed a threat of rebellion,
roused by two supposed sympathisers with Bacon's
rebellion named Fendall and Coode. Unfriendly letters
hint that these persons were arrested for the purpose of
intimidating voters at the forthcoming elections, and
it should seem that there was some friction between
Catholics and Protestants (184, 185) ; though the version
given by the Cal verts is very different (351). Be that
as it may, and it seems certain that Lord Baltimore
was in the wrong, the culprits were tried and
Fendall was found guilty. His trial was taken down
in shorthand to the minutest word, and survives,
beautifully transcribed, for the inspection of the curious
(391, L).
PREFACE. XXV
Disputes with William Penn over boundaries form the Murder of
bulk of the records respecting Maryland for the three Rousby, the
following years, and may be easily traced in the Index officer^by
(see under Penn). Lord Baltimore hastened to England the Deputy-
Governor,
to support his claims before the Lords of Trade and left
his first councillor, George Talbot, to reign as Governor
in his stead. Then the old feeling against the King's
revenue-officers broke out afresh with most tragical
results. George Talbot one evening went aboard the
King's ship "Quaker" in the river Patuxen, and after
certain singular demonstrations of friendship suddenly
drew a dagger and stabbed the unfortunate Christopher
Rousby, who happened to be present, to the heart. It
was suspected that the captain of the vessel had been
designed as the real victim, for his energy in enforcing
the Navigating Acts; but to a modern reader the
narrative only suggests that Talbot was egregiously drunk.
The anxiety shown by the authorities of Maryland to try
the murderer in their own Courts shows that this violent
act of resistance to the Crown did not lack sympathy in
the Colony. The fate of Talbot, owing to the disputes
over jurisdiction, remains still unsettled at the close of
this volume (1963, 1963, I.-VL).
I come now to Virginia, which we find at the opening VIRGINIA.
Distress
of 1681 in a very peaceable and quiet state, free from owing to
threats of Indian invasion, but much distressed by the ^J^ 06 f
extremely low price of tobacco (104). Within two
months, however, the Indians had made raids on some
of the back-settlements, and, though they presently drew
off, had revived a feeling of insecurity and unrest which
boded ill for the peace of the Colony (185, 195). Lord
Culpeper, the Governor, was now at home, consulting
with the authorities as to the best means of relieving
the prevailing distress. The first of his proposals was
s Y 93366. C
XXVI
PREFACE.
Disbanding
of the
King's
troops.
crude enough, namely, to encourage the building of
towns in order to create markets, as provided by an Act
recently passed by the Assembly of Virginia. To this
the English Commissioners replied, in a report which is
well worth reading, that trade must be courted and not
forced, and in effect that trade makes towns, not towns
trade (318). The remaining suggestions were practical
enough, namely, that the King should pay the two
companies of English troops in the Colony punctually,
keep a small man of war on the coast, and open trade
with Russia as a new market for tobacco. The last
proposal, it may be mentioned, was at once taken up,
and the Muscovy Company, being consulted on the
point, advised that the patriarch and favourite of the
Czar should be persuaded by "fitting arguments" to
permit the use of tobacco in the country (326, 329).*
But the first point, the punctual payment of the soldiers,
brought an unexpected reply from the King in the shape
of a demand to show cause why the two companies should
not be forthwith disbanded (259). Culpeper was ready
with reasons enough. He pleaded the danger of Indians ;
he cited the peril of rebellion, well known by actual experi-
ence and likely to recur owing to the poverty caused by the
low price of tobacco ; he recalled the expense of suppressing
that rebellion, and he urged the difficulty of collecting
militia from a population so sparse and go much scattered
(268). He called in the merchants, who testified to
apprehensions of a rising among the " white servants,"
the very class that filled the ranks of the militia ; and he
persuaded the Lords of Trade, but he did not persuade
the King. The soldiers were ordered to be paid off
and disbanded unless the Colony should care to take
them into her own service (300), and it was only by the
* See Macaulay's History, V. 72.
PREFACE. xxvii
direct intercession of the Lords of Trade that the
unfortunate men were saved from the necessity of selling
themselves as servants in Virginia (335, 336, 341).
Culpeper himself wrote of the hardship of the whole
proceedings in utter astonishment and dismay (347).
This imprudent resolution was taken in December, at Imprudent
sic* tion
which time Lord Culpeper wrote orders to his deputy to O f the
summon no Assembly, except on urgent occasion, till the govern" r
20th of the following November. Almost the next notice
that we receive of Virginia, however, is of the meeting of
the Assembly on the 20th of April (478). The Lieutenant-
Governor, the " old and crazy " Sir Henry Chicheley, not
having received his orders in time apparently, convened
the Assembly at the beginning of March ; so when Cul-
peper's orders at length reached him, the members were
all streaming towards James City " big with the expecta-
" tion of enacting a cessation of tobacco-planting, which
" the most, though not the wisest of them, thought the
" only expedient to advance the price of tobacco.'* As a
distraction Chicheley laid before them the alternative pro-
posed by the King, that the soldiers musb be disbanded or
taken into the pay of the Colony. The House of Burgesses
at once drew up a mournful address, begging that the
prorogation might be delayed, and contrived on various
protests to defer it until the 27th A.pril, when they replied
that the Colony could not bear the burden of maintaining
the soldiers (478, 494). In that short interval there was
time enough for mischievous spirits, one of whom, Robert
Beverley, was an old offender, to do their work.
The next news that reached James City was that on The tobacco-
the 1st of May the people in Gloucester County had
risen and were destroying the tobacco plantations in all
directions. Before the Governor could move the rising
had spread to New Kent, and the mischief was only by
c 2
xxviii PREFACE.
prompt action prevented from becoming general. It was
psychologically one of the maddest, and economically one
of the most curious of popular movements. The leaders of
the insurrection, foiled in their attempt to prohibit the
planting of tobacco by law, began first by cutting up their
own plants and then proceeded not only to cut up those of
their neighbours, but to impress them likewise to the work
of destruction. The craze for mischief spread like wildfire.
" Such was the folly, madness, and often malice of the
" inhabitants, that when the rabble had by force or per-
" suasion destroyed the plants of one plantation the master
" of this plantation was soon possessed of the like frenzy
" and willingly helped to make his neighbours as incapable
" of making tobacco as himself." "When the destruction
was put down by day it was effected at night ; when men
were afraid to continue it, it was carried on by women.
So formidable seemed the insurrection at one moment that
Lord Baltimore stationed troops on the Potomac lest the
infection should be carried into Maryland (495, 507,
524).
Alarm of a The danger, moreover, did not end with the native
the King's rabble. The soldiers, aware only that they were to be
disbanded, ignorant of the fate that might be in store for
them and not yet paid off, became mutinous and seemed
more likely to join the rioters than to aid in suppressing
them. They were hastily paid off on their own terms ; and
patrols of horse under competent leaders struck terror into
the plant-cutters. The arrest of Beverley damped the
further progress of the rioters, and by the first week in
June order was restored (531, 546, 548). There was a
slight renewal of the disturbance in August, when all the
plantations were flowing with cider (652), but this was put
down with little difficulty, and by the end of the year all
was quiet in Virginia.
PREFACE. XXIX
The news of the insurrection reached England in June. Lord
The Lords of Trade decided that the Governor, Lord c " 1 P e P' 8
return as
Oulpeper, must return to his post at once (581). A frigate Governor,
was prepared for his passage, and Culpeper professed all
willingness to start at once (597). From various causes,
however, he did not sail until October (742) , and though he
laid the blame for the delay on others, yet it is evident
that he raised every obstacle against his departure. He
refused to pay the fees on his commission, kept the ship
waiting for a month in the river, and finally loaded her
like a merchantman with goods, including white human
creatures, to be disposed of for his own profit (983).
Arriving at Virginia on the 17th December 1682, he found
the Assembly sitting and the Colony quite quiet (944).
His own description of his proceedings on landing shows
his huge contempt for the Virginian Assembly. He
altered, he says, almost every one of their Acts, rejected
their proposals on behalf of their favourite, Kobert Beverley,
divided some forfeited deer skins among them, " which
they carried in triumph home," and dissolved them with
a speech against plant cutting.* Taking the rioters in
hand, he was somewhat embarrassed to find that Sir Henry
Chicheley had pardoned the chief ringleader, on condition
that he built a bridge " conveniently situated for Sir
Henry's plantation." Sir Henry, however, had died in
February (1007), so there was nothing to be done but to
try four of the rioters for high treason under a statute of
Elizabeth, execute two and reprieve two more. Then,
after hiring a sloop of war to enforce the Navigation Acts
* The journals of this Assembly were transcribed by the error of the
copying clerks of the time under date 1683, and unfortunately were printed
as belonging to that year before the error was discovered. The following
abstracts calendared under 1683 therefore belong to 1682: 1373, 1388,
1400, 1414, 1439, 1454.
XXX
PEEFACE.
Lord
Culpeper's
dismissal
for absence
without
leave.
Lord
Howard of
Effingham
succeeds
him.
and raising a small force of troops, Culpeper at the end
of May 1683 took his departure and calmly left the
Colony to take care of itself (1076, 1278).
The Lords of Trade at once took notice of this violation
of the new rule that no Governor should be absent from
his charge without leave, and declared his government to
be forfeited (August 1683), appointing Lord Howard of
Effingham to take his place (1191, 1193). Culpeper showed
the supremest indifference. He had written before he left
England that he looked upon his visit to Virginia as a
punishment (742), and he now averred that he thought
his departure from the Colony was the best thing possible
for the King's service. No doubt, he pleaded, another
governor of greater ability would outdo his poor endea-
vours, but what the wit of man could expect of a Governor
beyond peace and quiet and a large crop of tobacco he
knew not. He was well content to be eased of the cares
of government, provided that his " dues and concerns "
did not suffer. These "dues and concerns " consisted of
certain relics of proprietary lights which the Colony was
anxious to acquire and he himself not averse to part with
(see Index, Culpeper), and of 4,OOOL of salary in arrear
(1258). He therefore passes from the scene for the pre-
sent, unremembered except for the unfavourable character
attributed to him by Burnet.
Pending the arrival of his successor, the secretary,
Nicholas Spencer, administered the government, not with-
out considerable anxiety owing to the inroads of Seneca
Indians (1406). Meanwhile Lord Howard of Effingham's
instructions were preparing (see Index, Howard), and in
February 1684 he arrived in the Colony. He had the usual
difficulties with the House of Burgesses, which remained
incorrigibly quarrelsome, but seems to have shown a tactful
and conciliatory spirit, and to have been rewarded with
PREFACE. xxxi
success (1706), though he could not keep the house from
addressing the King in a style which was much resented
at Whitehall (1994). More important, however, was the His treaty
with the
treaty which he made with the Indians at Albany (1822- Indians.
1824, 1828), in July and August 1684, no small service
for a Governor to accomplish within six months of his
arrival in the Colony. This matter, and a dispute over
boundaries with the ever quarrelsome Lord Baltimore,
may be traced through the Index.
Last of the Colonies on the continent I come to Carolina. CAROLINA.
In the years 1681 and 1682 the proprietors issued their reputable
second and third sets of fundamental constitutions (359, communit y-
656), articles which they were fond of altering, apparently
with the hope of satisfying all parties, and in particular a
new settlement of Scots (807). The result of course was
to please none of them. In truth the vision that we obtain
of Carolina in the present volume is not very pleasant.
The northern portion was the sink of America (p. 155), and
the population generally seems to have been lawless and
unscrupulous to a remarkable degree. Men in high places
appear to have been incurably given over to a regular
slave trade with the Indians, making war upon them and
encouraging the tribes to fight each other for the sake
of buying and selling the prisoners. The proprietors
wrote, in a letter which is worth reading (1284), express-
ing the greatest indignation at the practice, and made
endless rules to prevent it, but it should seem with
much success. They appear in fact to have had the
greatest difficulty in discovering trustworthy men to set
in authority, for official after official failed in his duty
(1722). Thus they framed regulations for the holding
of elections expressly to hinder men from running from
place to place for the purpose of awing the people and
hindering freedom of choice. These, however, were flatly
xxxn PREFACE.
disregarded, with the result that the enslavers of Indians
were left free to carry on their evil designs. Finally, as
a climax, the northern province passed an Act sus-
pending prosecutions of foreign debts within its limits;
publishing to the world, in the indignant words of the
proprietors, that any man who had taken his neighbour's
goods had only to come to Carolina and he would be
protected by law (1733). With this characteristic en-
actment, worthy of notice as an early and flagrant
instance of roguery legalised by a settlement of rogues,
I leave Carolina and the mainland for the insular
Colonies.
NEWFOUND- As to Newfoundland there is little of interest. The
reforms so constantly urged by naval officers re-appear,
but only to be ignored. The reader can find such
scanty information as is to hand by reference to the
Index.
BERMUDA. Of Bermuda, on the contrary, the accounts are very
pany noiTyet ^ u ^* ^ ^ e c ^ OBe ^ * ne ^ as * volume we left the charter
dissolved. o f ^ e g omers Islands Company apparently doomed to
extinction at the hands of the law. In February 1681 we
find rival petitions, one asking, not for the destruction
but for the reform, of the Company, and others setting
forth the defiance with which the Royal orders against
it had been received in the island, and praying for deli-
verance (18,21,24, 25). The Lords of Trade took prompt
notice of the charge of contempt of the Royal authority,
but the culprit, Sir John Heydon, was acquitted on trial.
It was not until December that the Lords bethought
themselves that, though the writ of quo warranto against
the charter had been granted in November 1679, nothing
had yet come of it. They therefore ordered Attorney-
General Sawyer to prosecute it vigorously ; and there, for
the present, the matter rested.
PREFACE. XXX1H
Six months later, the trial having made no progress, The charter
the Lords sent for the petitioners who had set the law in a f ter muc b
motion, and discovered from them the legal shifts by dela 7-
which the Company had delayed the proceedings. Here,
once more, as in the case of Massachusetts, we find the
sheriffs of London offering technical obstruction to the
writ of quo warranto (635, 638). In November the case
again came on and was again put off owing to some flaw
(802), but the Lords of Trade, with remarkable com-
placency, contented themselves with renewing their orders
to the Attorney-General. Meanwhile the islands them-
selves, divided into two hostile camps and uncertain
whether King or Company was in command, were in a
state of utter disorder. The cry of "No popery " was
raised by the Nonconformist ministers, the Governor
giving out that if the King's Government came " the
people would bo forced to go to church by drum and
fiddle" (1075, 1097). It was plain that the Crown must
take some steps, but doubts were raised whether, in the
first place, the King could appoint a Governor, and
whether, in the second place, he could take the com-
mand of the militia out of the Company's hands (1095,
1109). So matters drifted on till November 1683, when
advice was again given for the issue of a writ of quo
warranto, four years almost to a day since the same order
had originally been delivered (1399).
Meanwhile a new Governor, one Richard Cony, assumed Governor
command, and became at once the object of every kind
of accusation from the party adverse to the Company. Anarchy in
the Colony.
He was said to be so much given to drunkenness, lying,
and swearing that there was not a spark of respect in
him (1695). It was now ascertained that in the general
anarchy the defences of the islands had gone to pieces, and
that the whole frame of the polity was in the same state
XXXIV
PREFACE.
as the defences. In June 1684 the legal proceedings were
at last pushed forward in earnest, and in November the
charter was finally cancelled (1967). We have, fortunately,
a letter from Cony, the Company's Governor, describing
the scene when the first rumour of the fall of the Company
reached the island. His authority was at once disclaimed,
and he himself attacked by a " mobile " headed by one
of his own captains of militia. The captain drew his
sword on him, the captain's companion tripped up his
heels, and the rest of the "mobile" stamped on him,
leaving his left leg " in a very sad condition." Arms were
turned into pestles, work on batteries erecting by the
Governor's order was stopped, and powder was fired
away recklessly in false alarms. As a climax to his
misery, Government House was so rotten and leaky that
the unfortunate Cony slept and ate in water, while his
slaves died round him of wet and cold (1899). In such
plight we must for the present leave Bermuda.
Passing to Barbados, the first incident is the arrival in
March 1681 of the new Governor, Sir Richard Dutton (35).
Sir Richard He was an old Royalist officer, who had fought at Edghill,
Dutton. ,^-
and had since held a commission in the Life Guards. By
his own account he found the island in a sad state, owing
to the malice of his predecessor, Sir Jonathan Atkins.
The House of Assembly had intended to pass a Bill for
an excise on liquors for two years, but had been scared by
a hint that the King would give the money to " Lady
Portsmouth," that is to say, to Madame de Querouaille.
The people thought that monarchy was at its last gasp in
England, and were preparing to set up a commonwealth.
The Assembly even had the bad taste to send up a Habeas
Corpus Bill, copied from the English model. Again the
gaol, though only a private house, was full of malefactors,
not having been delivered for three years, owing to the
BARBADOS.
Arrival of
PREFACE. xxxv
expense, which the Governor was expected to pay and
which Sir Jonathan Atkins had shirked. Finally, the
Church was in a lamentable condition ; the sacrament was
rarely administered, and there was one clergyman, holding
two livings, baptising, marrying, and performing every
other sacred function, who had never been ordained
(123, 141).
Sir Richard, as he tells us, put all these matters right, His apparent
7P9il
overawed the factious and disloyal, rejected the Habeas
Corpus Bill, held sessions of gaol- delivery, and set the
example in taking the sacrament once a month (123, 218).
He also found good helpers in Mr. John Witham and Mr.
Stede, the secretary, and in fact he was successful in every
way. He even extracted from the Assembly a loyal
address to the King, the first ever sent from the planta-
tions, and well worthy, as he thought, of insertion in the
Gazette (216, 218). Still he found the expense of the
place very great, and therefore pleaded in every letter for
larger salary. For these services he duly received approval
from the authorities in Whitehall (231), who called upon
Sir Jonathan Atkins for an explanation as to the state of
the Church, and in particular as to the scandal of the
unordained minister. On the latter point Atkins answered
with quiet humour, " There was such a minister there, and
" had been for more than twenty years ; his parish loved
" him well, but whether he were ordained or not I cannot
" say. If he were not, I am sure I could not ordain him "
(311). Atkins had formed his own opinion of Button.
Sir Richard, in spite of all these triumphs, presently fell His quarrels
with the
foul of the Assembly by arrogating to himself all powers Council.
in the Court of Chancery instead of admitting his Council,
according to local custom, as assessors (251), and did not
answer the Council's protest in the most conciliatory terms
(345). The question was one which was to concern him
xxxvi PREFACE.
not a little later on ; but for the present he carried
matters with a high hand, dissolved the Assembly,
removed all officials who had made themselves obnoxious
(394), and continued to write long despatches over
his own eminent services and his distressing want of
cash (357, 414). The Lords of Trade, quite overcome
by his energy, not only commended him, but procured
him punctual payment of his salary and satisfaction for
arrears (463).
Approval These exertions, added to the influence of the climate,
P 1 *
proceedings brought this industrious Governor so low that in June
at Whitehall. 16g2> he app ii e d for leave of absence for the spring of
1683. None the less, always energetic, he managed to
strike a blow at the head of the factious party, which
not only brought in some 600Z. to the King, but frightened
the Assembly into passing a revenue bill, and, more
important still, into presenting Dutton himself with
1,500Z. more. He also overhauled the administration of
certain charitable funds, and got the militia clothed,
like the King's army, in red coats and black hats, the
first Colonial militia ever dressed in the now familiar
scarlet (666). These services not only procured him his
leave of absence but a high compliment from the
Secretary of State in charge of his department,
Sir Leoline Jenkins. " Take care of your health," wrote
Sir Leoline, " for so valuable a man as you is not often
" met with " (688). Sir Richard accordingly came home
on leave, having named John Witham in the most
complimentary terms to act as his deputy. The King
on this occasion ordered that such deputies should hence-
forth draw half of the Governor's salary or emoluments
during his absence (836) ; a rule which still holds good
in the Colonial service, but which brought about strange
results in this its first application.
PREFACE. xxxvn
Meanwhile Button's proceedings in the Court of Damaging
,-., -, . , . -vr , -, Ji T accusations
Chancery were finding him out. JNot only were they dis- against him.
approved at Whitehall, but a merchant named Hanson,
who had been fined without the Council's concurrence,
by the Governor, now began a campaign of vengeance
against him, and when committed to custody to ensure
his silence, broke prison and took ship for England.
There he brought forward charge after charge, some
frivolous, others more serious, against his enemy, enume-
rating the presents which the Governor had extorted from
the Assembly and the profits that he had taken to
himself from other sources. These most damaging reve-
lations could not but make Sir Richard Dutton uneasy
(e.g., 1409, 1435, see Index, Hanson).
During Sir Eichard's absence in England, Witham, now His appoint-
by succession Sir John Witham Baronet, pursued the work Sir
of repressing the factious, which brought him into violent Witham * s
collision with two brothers, Thomas and Henry Walrond,
in the Council. These two, apparently, were so deeply in
debt, that honest men regretted their own appointment
to the Council lest it should be thought they wished to
defraud their creditors (1093). Their brother-in-law, John
Peers, worked with them, thereby also becoming obnoxious
to Witham (1177), and the Deputy Governor did not fail
to let them feel the weight of his hand. Another member
of the Council had been offended in a different fashion.
It appears that then, as now, baronets were jealous of
their precedence, and that at the funeral of Ann, Lady
Willoughby of Parham, Sir Martin Bentley's coach took
post in advance of that of Colonel Newton, a member
of Council. Sir Martin apologised, and the Council,
accepting the apology, " appointed that Sir Martin
" and his lady should henceforth not only know but
" observe their places in the Island." The point was
xxxviii PREFACE.
no sooner settled than another baronet in the Council,
Sir Timothy Thornhill, laid claim to precedence in
virtue of his baronetcy, and being overruled by prece-
dent, left the Council without cause assigned. He too,
therefore, was added to the list of Sir John Witham'-s
enemies (1292, 1344 1). I have dwelt on this small
point not only for its bearing on the narrative and for
the quaint insight which it gives into the Barbadian
aristocracy of the seventeenth century, but because, as
everyone who has served on the staff of a Colonial
Governor is aware, the question of precedence between
British and Colonial titles of honour constantly crops
up to this day, and it is well for unfortunate private
secretaries to have a precedent which they can quote
with authority.
Button's Thus during his short period of administration, which
of Witham was cnai> acterised by no lack of vigour and ability, Sir
on his return. J hn Witham made at least four members of Council
his enemies. His reign was sooner ended by the return
of Sir Richard Button, than he found himself attacked
by the Governor, who submitted seven distinct charges
against him in the Council. As was to be expected
from a majority of his enemies, the charges were held
i
to be good, and he was at once suspended from the
Council and from all employment in the Island (1890).
Witham was not present, being ill at the time, but he
sent off a hasty letter to Lord Sunderland stating that the
sole cause of this trouble was his refusal to return to
Sir Bichard Dutton the half salary which he had drawn
during the latter' s absence, and hinting at certain counter-
charges against the Governor which he could easily
make good (1891). A second letter, a little later, made
a fuller defence and a more definite statement of the
countercharges (1912) ; but Dutton had no intention of
PREFACE. xxxix
stopping at mere suspension of his victim from his public
offices. His next proceeding was to arraign Witham
in a series of criminal charges, and to appoint Henry
Walrond, his bitterest enemy, as the judge to try him
(1934, 1935, 2006). The accusations were inexpressibly
frivolous, but Witham was found guilty and fined 11,OOOZ.
(2023). Meanwhile the Lords of Trade had received the
report of Witham' s suspension and come to the conclusion
that he had been very hardly treated. They pointed out
further that Sir Richard Button himself had violated an
established rule in respect of the acceptance of presents.
A curt letter of censure therefore was all that Dutton
received for his pains ; an answer which he little expected,
and which boded ill for the success of his persecution
of his deputy. The full depth of the Governor's rascality
is not shown in the documents of the present volume,
so at this point we must take leave of him and of
Barbados with him.
From this deplorable specimen of a Colonial Governor LEEWARD
it is a relief to turn to the straightforward old soldier gj r w
who held the Government of the Leeward Islands. The Sta pleton's
trouble with
present volume finds him, through the neglect of White- Caribs.
hall, in precisely the same difficulties as the last, and
confronted by a new danger from an invasion of Carib
Indians. In July 1681 a party of these savages made a
descent upon the tiny settlement in Barbuda and murdered
eight of the inhabitants (189, 204). They came from St.
Vincent and Dominica, islands which, as Stapleton re-
marks, could be more easily reached from Barbados to
windward than from his own islands to leeward. He had
made application to Barbados before for assistance in
stamping out these pests, but Barbados was far too selfish
to move to help the Leeward Islands. She conceived the
Indians to be her friends (259) and would have welcomed
x PREFACE.
the extinction of her sisters to Leeward, whom she
accounted dangerous commercial rivals. So Sir Richard
Dutton, soldier though he was and though as a soldier
approving a war of extirpation against the Oaribs, declined
to give help on the ground that his instructions forbade
him (357).
His success- Failing assistance from others, Stapleton resolved, after
ful attack on . .
them. waiting for more than a year, to do the business for
himself. The poor, impoverished little islands resolved to
fit out a small flotilla of hired sloops, apportioned the
cost of the expedition according to their resources, and
made it an indispensable condition that Stapleton should
command in person (790). A fresh raid in Montserrat in
November 1682, immediately after the forming of this
resolution, quickened the preparations, and by the spring
of 1683 Stapleton was ready. " Necessity compels me to
" go a hunting Indians," he wrote (1006), " which is worse
" than hunting miquelets in Catalonia or bandits in Italy,
" but I judge it better to prevent their design by
" aggression than to live in perpetual fear." So off he
started with the two independent companies of regular
soldiers that formed his garrison ; and in spite of enormous
difficulties from " cross winds, calms, and incredible cur-
rents," which scattered his tiny fleet in all directions,
he made his raid on St. Vincent and Dominica and taught
the Caribs a lesson. Unfortunately, he did not think it
worth while to send his journal of the expedition, which
would have been valuable as a contribution to military
history, but merely records the success of his attack
and his return with the loss of one killed and four
wounded. Two of these, we learn, were hurt through
their own supine negligence, having gone ashore to catch
crabs, heedless of the poisoned arrows that might await
them from the forest that fringed the beach, a proceeding
PREFACE. xli
thoroughly characteristic of the British soldier (1126).
At the close of this letter comes a little sigh of weariness,
which shows, in spite of himself, how the work had told
on Stapleton. " May I beg for a quietus from this most
" troublesome and changeable government that the King
" has abroad, or at least for a furlough. Pray also
" mediate for payment of my arrears new and old, for
" payment of my creditors here."
Long neglect, in fact, was wearing him out. Letter The neglect
after letter pleads for money to pay his unfortunate English
soldiers, now four years in arrear. The French soldiers garri
within sight of him at St. Kitt's were well fed, paid,
and clothed, and he keenly felt the disgraceful appear-
ance, through no fault of his own, of his own companies.
" I cannot keep red coats on their backs longer, nor can
" they live longer without victuals . . . my credit
" will not long support them (188) . . . The French
" soldiers do not want for flour, meat or brandy, while
" ours are naked and starving. It were much more
" honourable to disband them than to famish them
" (291) ... I beg again for orders as to the two
" companies in garrison at St. Christopher's. They are
" in a worse condition than I can describe, worse even
" than the Spanish citadel garrison, whom travellers
" might have seen begging. The poor soldiers on the
" frontier-line see with heartburning their neighbours
" (French) paid on a drumhead, while we are four
" years in arrear. . . . I am out of purse for
" shrouds for the dead and cure of the wounded, for
" minding their arms and giving them credit in merchants'
" storehouses" (860). The Lords of Trade for very shame
represented the matter strongly to the King (399), and
payment was actually ordered ; but in May 1684 we
find Stapleton again pleading for his unfortunate men,
3 Y 933C6. d
xlii
PREFACE.
His diffi-
culties with
his officers.
still three years in arrear. " I wish to leave," he wrote,
" after seventeen years of government without any just
" clamour for debts and promises" (1660), debts and
promises incurred because neither he nor his men could
obtain the wages due to them.
His difficulties in other respects were as great. The
petty Assemblies made constant difficulties over their
power of the purse (e.g.* 473-475). The officials in the
Islands were negligent and lazy ; no sooner was his back
turned than everything was forgotten ; and he was
obliged to hire vessels at his own expense to visit them.
He had repeatedly asked for a man-of-war, but the request
had been refused. One of the King's ships that chanced
to be cruising by, under the command of a Captain
Billop, turned the orders issued for protection of the
Royal African Company's monopoly into a pretext for
piracy (see Index, Billop). Stapleton, who was a choleric
man, was furious, and made energetic complaints to
"Whitehall ; but Billop was acquitted by a court-martial,
to the boundless indignation of all in the Leeward Islands.
Once only did the Governor enjoy for a short time the
luxury of a man-of-war under a good officer at his
disposal, and, as will be shown later, he turned it to
excellent account. But the end of the relation is sad
enough. " I hear from Jamaica that H.M.S. ' Francis ' is
" not there, so I conclude that Captain Carlile was
" lost in the storm that struck Barbados a thousand
" pities, a brave, hopeful young man " (1681).
His quarrel Another terrible thorn in his side was the Danish
Governor of Governor of St. Thomas, a retired privateer, by name
St. Thomas. ] gm j^ W ] 10 openly sheltered and abetted pirates and
shared their gains. The sale to this worthy of certain
coasting craft captured by pirates from Leeward Islanders
irritated Stapleton beyond endurance ; and even more did
PREFACE. xliii
Esmit's claim of sovereignty over the Virgin Islands for
the Danish Crown. Stapleton's temper got the better of
him in addressing this man. " If," he wrote to him,
" you do not make atonement for the injuries you have
" inflicted on the English, I warn you, have a care. I
" shall come from the Leeward Islands with an armed
" force and blow you up " (1189), and beyond all doubt
he would have been as good as his word. " I should
" have visited that squire (Esmit) before now had I a
" vessel to transport me," he observes grimly in another
letter ; " there is no safe trading to or from these parts
" until St. Thomas be reduced or that Governor hanged "
(1504). It was some comfort to him that, when the
King of Denmark finally ordered the arrest of Esmit,
he was ordered to give help in case of resistance (see
Index, Esmit).
Such few consolations as Stapleton enjoyed came not His return
from "Whitehall, but from the West Indies. Sir Thomas
Lynch, hearing of his trouble with the Caribs, at once sent
him a man-of-war from Jamaica and a letter with it,
which, if it ever came to Sir B. Dutton's ears, must have
made them tingle. " I am amazed," he wrote, " that at
" Barbados they said they would not spend 20L to save
" the Leeward Islands and Jamaica ... I wish to God
" we were not so far to Leeward or I could send you brave
" men enough, and such as would be fitter than the
" planters to hunt the Indians, but I doubt not that your
" presence and conduct will ensure success." The Islands
of his Government again, hearing that he was quitting them
on leave, begged with one voice for his return, or, if he
must go, for the appointment of such another (1526, 1538,
1543, 1545). But when a man past a certain period of his
life suddenly craves after long absence to leave his work
and return home, it is always doubtful whether he will
d 2
xliv PREFACE.
ever leave home again ; and Stapleton never returned to
the Leeward Islands. So here we take leave of this
blunt, straightforward soldier, as good a type of an able,
conscientious public servant as ever was left unrewarded.
To contrast his honest appeals for wages long overdue,
always first for his soldiers and next for himself, with Sir
Richard Button's eternal whinings about expense and want
of salary, is instructive, particularly when we discover that
Dutton had made 9,OOOZ. out of Barbados in two years.
But most characteristic of the man is his reception of the
order forbidding Governors to go home without leave.
" I always thought it was death to quit one's post."
He wrote, " If it be a capital crime for sentinels,* I am
" sure that it ought not to be less for Governors " (860).
Not until he had done seventeen years of hard work did
he quit his post on leave of absence, driven to England
by the home-sickness that heralds the approach of death.
JAMAICA. Last of the Islands we come to Jamaica, just emerged
triumphant from her constitutional struggle. The last
vestiges of the chief actor therein are found in two papers
from the hand of Samuel Long, securing immunity for
himself and his fellows from injury in consequence of any
damaging revelations that they might have made respect-
ing privateers (11, 12). Long returned to Jamaica in a
much more moderate temper than when he left it (118),
was reinstated as Chief Justice, and died some few months
later.
Unsuccessful Meanwhile the Government was for the present entrusted
admimstra- ^ g r jj enr y Morgan, the veteran buccaneer, whose letters
Sir Henry though, for reasons that will appear later, sometimes a
Morgan.
little incoherent (see e.g., page 6), attest the reformation of
his character by his interest in the Church (13) , his rigour
against privateers (13-17, 51, 73), and occasional pious
* Sentinel, or rather centinel, is the old term for a private soldier.
PREFACE. xlv
ejaculations (p. 29). In May he summoned an Assembly,
and endeavoured to persuade it to vote a Revenue Bill for
seven years, though, in spite of much effort, with very
indifferent success (115, 137). After considerable negotia-
tion the Revenue Bill was finally passed for two years,
rejected by the virtuous Sir Henry (246), and again passed
for seven years, but with several other Acts tacked to it,
a proceeding which was not likely to be relished at "White-
hall (285), more particularly when the reasons for this
tacking was explained (367). Meanwhile Sir Thomas
Lynch, who had already once governed Jamaica, had
been appointed Governor, with instructions, if possible,
to obtain a Revenue Bill not for seven years only, but
for perpetuity (227), while a warrant was prepared to
void all Acts passed by Sir Henry Morgan unless the
Revenue Bill for seven years should be passed before
Sir Thomas Lynch's arrival (257). As a favour to the
Morgans apparently, the command of the chief fort in
Jamaica was entrusted to Sir Henry's brother Charles
(330), a proceeding at which Lynch with just prescience
looked with some dismay (333).
Having remained over three months wind-bound at Governor
Plymouth, Sir Thomas at last set sail, and after a most
disastrous voyage, which cost his wife her life, landed in arrives - His
success in
miserable health at Jamaica on the 14th of June (552, 575). restoring
On the 21st of September he met the Assembly, and after
warning them tactfully that the King would not accept
laws tacked to a Revenue Bill, begged them to trust their
Sovereign and banish their suspicions (699, 711). Such
confidence did he inspire that the Assembly voted the
revenue for seven years (711), even before the Lords
of Trade had time to formulate their objections to the
system of tacking (760), and to add thereto a threat that,
if the Assembly refused a revenue, the King had power
xlvi
PREFACE.
His quarrel
with the
Morgans.
under the laws of England to levy tonnage and poundage
(771). The new Act was, therefore, received with the
greatest satisfaction at Whitehall, and confirmed together
with all the rest of the Acts for seven years (966).
The good feeling in the Colony improved rapidly after
the King's ready fulfilment of his Governor's promises;
the Assembly addressed Sir Thomas Lynch in terms of
real gratitude (1237), and Sir Thomas, a few days later
(Sept. 21. 1683), took advantage of the moment to plead
for prolongation of the term of the Ke venue Bill for
twenty-one years (1275). Just at this point two inci-
dents occurred which went near to wreck the whole
structure of confidence and goodwill which he had so
carefully reared.
A petty dispute between Captain Churchill, of the Royal
Navy, and a cantankerous merchant-skipper led to the
ducking of a sailor by Churchill so severely that, whether
from injury or from shock, the unfortunate man died a few
days later. This led in turn to a violent feeling against
Churchill, which culminated in a riot between the King's
sailors and the townsfolk. The coroner's jury hesitated
whether their verdict should not be wilful murder against
Churchill, but was overawed by Sir Henry Morgan and
a little clique of followers. Taking part with Churchill,
Sir Henry and his brother Charles kindled fresh disorder,
which rose to such a point that Sir Thomas Lynch dis-
missed them both, together with another of their gang,
from all public employment. Old Sir Henry had by this
time sunk into extreme disreputability, was constantly
drunk, and when in this state abused the Government,
swearing, damning, and cursing extravagantly. His
brother was worse than himself. He never went near
the fort which he commanded except in a drunken state,
had almost, if not quite, killed several soldiers, and had
PREFACE. xlvii
driven many to desert (1249, 1348). Their dismissal was
confirmed, and the captor of Panama bids fair from this
moment to disappear from our notice. In spite of his fair
words, he had been guilty of not a few scandalous jobs
while acting as Governor, and was no more to be trusted.
It says much for the general confidence in Sir Thomas
Lynch that the Assembly, despite the faction of the
Morgans, passed the Revenue Bill for twenty-one years
(1317). In fact his wise and conciliatory administration
changed the old suspicious feeling against the Crown into
hearty and healthy loyalty.
Beyond the difficulties of internal government, piracy His troubles
was a mischief which gave Sir Thomas Lynch extraordinary Wlt P llates -
trouble. In the Index, under the heading Privateers, will
be found a list of the names of over two dozen notorious
pirates, by which those interested in the subject will be
able to follow it. Some of these held commissions from
the French Governor of Petit Guavos, in Hispaniola, and
it was a constant question whether these commissions
were to be respected or not. But even more troublesome
were the petty thieving craft who plundered unfortunate
fishermen and turtlers, being afraid to fly at higher game.
Apart from the exasperation created among these poor
men, the cutting off of the supply of turtle was a serious
matter, for it formed the staple food of the crews of ships
in port at Jamaica and the daily meal of at least two
thousand of the inhabitants on the coast (1958). Lynch,
always energetic, built a fifty-oared galley to sweep these
pests off the sea, and with some success (p. 393, No. 992),
but the evil re-appeared later (1938, 1949, 1964), and the
fishermen begged hard for a man-of-war of shallow
draught to protect the fisheries. These petty pirates were
the most brutal of their kind, a Spaniard named Juan
Corso being the worst of them. They thought nothing
xlviii PREFACE.
of landing the fishermen that they had robbed on a barren
islet and leaving them to perish.
His death Of the greater privateers, St. Thomas, with its rogue of
thereby. a Danish Governor, was one stronghold, and New Provi-
dence, Bahamas, under an equallyroguish English Governor,
one Clarke, another almost as pernicious. Clarke was
early rebuked by Lynch in a letter (668, 1.) which even .he
admitted to be perhaps " too aigre and imperious," and was
ultimately sent home under arrest, but not before untold
mischief had been done. The Bahamas were a very Alsatia
of rascaldom, the scum of the world being attracted
thither by the prospect of recovering treasure from wrecked
ships, in which pursuit they were helped by a rude diving-
bell invented by an ingenious Bermudian (p. 284). But
the favourite harbour was the French port of Petit Guavos,
where French commissions could be had for the asking.
It was apparently vexation at his failure to repress piracy
that hastened Sir Thomas Lynch' s death in August 1684
(1852). His acting successor, Colonel Molesworth, did
his best to carry on his work, but Lynch was a man not
easily to be replaced.
The exploits The exploits of the privateers at this period include
the sack of Yera Cruz and the cruise of the Trompeuse,
a vessel which, originally launched on her career by the
stupidity or worse of Sir Henry Morgan (364-366),
gained after a time a world -wide reputation for her
astonishing success under the command of her French
pirate captain, Hamlyn or Hamelin. A full account of
her cruise, of her captures of slave ships on the West
Coast of Africa, and of the brutalities of her captain
will be found at No. 1313 (see also 1216, I., and Index,
Trompeuse). Her destruction in the harbour of St.
Thomas by Captain Carlile, of H.M.S. "Francis," Sir
William Stapleton's favourite, will also bo found described
PREFACE. xlix
at length in No. 1168. Even after she was destroyed
her name was so popular that a successor named La
Nouvelle Trompeuse started on a like career (see Index).
The evils of privateering were not of course bounded by Spanish
the mere disturbance of trade. The Spaniards, who were re P nsals -
the principal victims, of course made reprisals on any
English vessels that they could catch, whether innocent
or guilty, whether seeking contraband trade in Spanish
ports or driven to them by stress of weather. The treat-
ment of the unfortunate prisoners taken on these occasions
was barbarous in the extreme. A specimen of it may be
found in the relation of one of them named Jonas Olough
(303), supplemented by the narrative of two more prisoners
(385). The part that religious animosity played is seen
in the degradation of the corpses of the dead, which were
dragged through the city, obscenely mutilated by the
scholars of the free school by order of the clergy, and left
to the dogs. More notable vengeance for the aggression
of the privateers was the surprise and sacking of New
Providence, Bahamas, by an expedition from Havana (see
No. 1509), a stroke which, however furiously denounced
by the English, cannot be said to have been unprovoked.
The corruption of the Spanish officials, however, deprived
them of all sympathy from English Governors. They were
governed by no principle of executing the regulations of the
Spanish King in relation to trade ; they winked at contra-
band traffic where they found it profitable ; and they would
allow British vessels to come and go unheeded for a time
that they might the more easily make capture of them by
surprise. One form of such traffic, which had long been
carried on by tacit consent, we find openly recognised in
the present volume, namely, the supply of negro slaves to
the Spanish Colonies through Jamaica, a trade which
brought immense gain to the island (see Index, Jamaica
1
PREFACE.
The danger
of privateer-
ing to the
old system
of Colonial
defence.
Colonial
Militia.
trade). Our only marvel is, on reading the letters of Sir
Thomas Lynch, that it needed another half century
and a fable of "Jenkins's ear" to bring England and
Spain to open war over these matters.
A still more serious resiilt of piracy was that it drained
away the poorer portion of the white population from
the tropical settlements, exercising much the same effect
as what is called a " gold rush " at the present day. The
full significance of this is not realised unless we bear in
mind the old system of colonial defence. In England
up to the Civil War the principle of home-defence had
been to keep a few weak independent companies attached
permanently to such garrisons as required them, and to
depend for the rest on the militia. In the Colonies the
same principle was applied with little or no change.
There were, as we have seen, two independent companies
of English in Virginia, as many in Jamaica, the same
number in the Leeward Islands, and the same, thanks to
the prudence of the Duke of York, in New York. These
were the only regular troops in the Colonies, and this
small handful of red coats, together with four or five
frigates, alone showed that there was some thought of
Imperial defence. Apart from these the safety of the
Colonies depended upon themselves, that is to say, upon
their militia.
In the Northern Colonies of America, where the white
man could increase and multiply, this militia consisted
at any rate potentially of the whole male population, and
occasionally, as for instance in Massachusetts, was
extremely efficient. In the tropical Colonies, where the
white man could not thrive, the ranks of the militia
were filled with " white servants," with white men, that
is to say, transported from England and bound to serve
for a term of years, at the close of which they received
PREFACE. li
their freedom and in many cases a grant of land. Every
planter was bound to produce so many white servants
for the militia, according to his property, and the planters
themselves, as was natural, took their place as officers.
Interest quite as much as patriotic sentiment prompted
the planters to keep the militia in strength and efficiency,
for they had before them always the spectre not only
of foreign invasion, but of a rebellion of slaves. Then,
as now, the whites in the West Indies were very much
afraid of the blacks, and shrank nervously from any
attempt at educating or improving them (see No. 59) ;
while the least symptom of insubordination was visited
with frightful penalties. A negro who ventured to say
to his mistress that one day the negroes would serve the
Christians as the Christians now served them was burnt
alive for the words (.1475). The loss of white servants
through the attraction of piracy was, therefore, not only
a commercial loss, but a formidable danger, for it became
a question how their place should be supplied.
Moreover, as we have seen, the King, having cut off "White
the two companies from Virginia and also (434) from an d
Jamaica, had made the need for them the more urgent. t ^ ns .Pj' ted
The white servants who volunteered, for what was after
all little better than slavery, were the scum of the earth
(768, I.), and transportation of criminals seemed to be
the most obvious method of keeping up their numbers.
Of this accordingly we hear a great deal (see Index,
Transportation). There was also a vile traffic in white
slaves which was carried on by crimps and kidnappers,
and lasted, as " The Vicar of Wakefield " tells us, until
Goldsmith's day. Merchant captains also, as two passages
in the Calendar shows us (1939, 1997), would sell their
apprentices to planters without scruple. But certain
action by one of the judges in England (p. 597,
Hi PREFACE.
No. 768, I.) had given general discouragement to the
exporters of white servants, and the West Indian Islands
were not a little troubled in consequence (768, I.). The
point is of importance, for from these years we must
date the breakdown of the first primitive system of
colonial defence; and it is characteristic of the apathy
and carelessness of King Charles the Second that he
should have chosen just that moment for reducing
colonial garrisons to the lowest point, It should be
noticed, too, that he refused to grant a free passage home
to the disbanded soldiers in Virginia (347). This wicked
precedent was followed by the "War Office for fully
half a century after this date, insomuch that, even
when the multitudinous independent companies in the
Islands gave place to garrisons from the regular army,
one regiment of the Line was kept in the West Indies
unrelieved for sixty years.
Naval Prom military matters to naval the transition is easy.
The student will find all information grouped under the
head Naval in the Index. The most interesting points
are the prohibition, owing to the loss of H.M.S.
" Norwich," for officers to carry merchandise on board
men-of-war, and a sharp dispute between Sir Thomas
Lynch and the Admiralty over a Governor's powers as
Vice-Admiral, wherein, needless to say, the Admiralty
came off victorious. Other naval points have already
been touched on in previous pages of this Preface.
As to the work of the Church, I would again refer the
reader to the Index, and in particular to Sir Thomas
Lynch' s report on that of Jamaica (757), and Lord
Culpeper's on that of Virginia (1272). The existence of
a sect called the " Sweet-singers " in the latter country
may be of interest to those who are curious on such
points. The activity of Bishop Compton in the
PREFACE. liii
ecclesiastical affairs of the Colonies is noteworthy, for
the peculiar connexion which still survives between the
Bishopric of London and the Anglican Church in the
Colonies is doubtless to be ascribed to his efforts. It
was he who put forward the plea for the conversion of
the slaves to Christianity, which was so hastily set aside
by the planters of Barbados (57), as well as for fair
treatment of the Indians in Pennsylvania. It is the
irony of history that he should be remembered only as
the prelate who donned his long discarded buff coat to
escort Princess Anne at the Revolution of 1688.
As regards the general administration of the Board of The King
Trade and Plantations, nothing is more noticeable than the Board of
general increase of apathy, slackness, and procrastination.
The Secretary of State in charge of the department was
Sir Leoline Jenkins, the intelligent person who was so far
taken in by Sir Eichard Dutton as to tell him that the
world contained few such men. It is evident, however,
that, be the Secretary who he might, he and the whole
Board were paralysed by the indolence of the King.
Active Governors like Lynch and Stapleton begged in vain
for instructions, for countenance and for support, not
only in matters of internal government, but still more as
to their attitude towards the Spaniards and French. An
informal letter from Lord Conway to Jenkins gives us a
glimpse of the Merry Monarch's methods of transacting
business. " I return the French and Spanish letters. The
" King saw no reason to give any orders in respect of
" them, excepting that in regard to Virginia he took
" notice that the country had been disturbed and
" appeared to be calmer, and that it was necessary to
" hasten a Governor over thither." There was little hope
for English prisoners in Spanish dungeons from such a
King, The scandalous mismanagement of the business
liv PREFACE.
of Bermuda, and the long delay in bringing Massachusetts
to book, must, I take it, be traced to the same cause.
The picture of inefficiency, selfishness, and neglect is not
pleasant to dwell on.
The Board On certain points, however, where the Board was
economical guided by the Commissioners of Customs and the
lath"" 1 Commissioners of the Mint, we find its decisions
Colonies. dictated by the soundest good sense. The Colonial
Governments then, as now, were fond of resorting
to crude experiments for the remedy of present
commercial or financial distress, such as the enforced
prohibition of tobacco-planting to raise the price, with
its amazing development of the tobacco-cutting riots,
arbitrary legislation for the creation of towns,
for fixing the value of money and the like. The
memoranda treating of these subjects (to one of
which I have already called attention) are worth
reading, and it is interesting to see, in the palmy
days of the Navigation Acts, such apophthegms as
" Trade must be courted not forced ; " " Trade is
" not balanced by notions and names of money and
" things, but by intrinsic values." (See Index, Economical.)
Finally, it must be remarked that the Board was
alive to the disadvantages that accrued from the
isolation and selfishness of the different settlements. It
sent, for instance, peremptory orders to Barbados to
help the Leeward Islands against the Caribs; and fol-
lowed up the dissolution of the Charter of Massachusetts
immediately with a project for a united New England.
What form that project would have taken had Charles
the Second lived to see it completed is doubtful, but
the scheme was reserved by fate for the decision of
his successor, who, with all his faults, had very
considerable talent for administration. The contrast
PREFACE. Iv
between his transaction of business and that of his
incorrigibly idle brother will form the chief object
of interest in the next volume of this Calendar.
I have only to remark in conclusion that I have
added a few general headings, such as Naval, Military,
Ecclesiastical, Economical, to the Index of this volume,
and instituted similar divisions under the name of each
Colony, in the hope that such classification may lighten
the labour of students in the search for special
information.
J. W. FORTESCUE.
COLONIAL PAPERS.
AMERICA AND WEST INDIES.
1681.
1681.
Jan. 2. 1. Sir William Stapleton to Lords of Trade and Plantations. The
Jsevi?. French Deputy Governor of St. Christophers informs me that
Count de Blenac has ample power to include Barbados, Jamaica, and
all this side of the tropic in the Treaty of Neutrality signed by him
and me (see previous volume, No. 741 ix.) If the King will
empower me or anyone else for the purpose, which would be much
to the good of his subjects here, and no less to the increase of the
American trade and revenue, I shall apply myself to the task with
all the circumspection in my power. It is more obvious to act in
it with less trouble and charge (sic) for the French General
(Blenac) comes to St. Christophers once a year, and is now expected
there, where I shall meet him either on our frontier or theirs.
Count d'Estrees sailed home with his squadron three weeks ago,
leaving three frigates to guard their plantations and trade.
Postscript. I humbly submit to you the annexed draft (missing)
of a star or comet. 1 p. [Col. Papers, Vol. XLVI., No. 82, and
Col. Entry Book, Vol XLVI., p. 455. Duplicate, ibid., p. 4GO.]
Jan 4. 2. Answer of the Elders to the question propounded to them by
the General Court assembled in Boston, 4th January 1680. We
humbly conceive that this honourable Court should send an agent
or agents to England fully instructed to answer any complaint
against us, The King required us to do it, so we shall thereby show
our obedience to him as in duty bound. Nor is Scripture without
instances of those that have with good success asserted their
innocency when adversaries have made complaint against them,
Ezra IV., 3, 5, 11, &c., VI., 1, &c. ; and we ourselves have found by
experience that our sending agents for England hath been (through
the Lord's mercy and blessing) a means of lengthening out our
tranquillity. Secondly, We think that the Court should use the
uttermost care and caution that no agents of ours shall act or have
power to act anything that may have the least tendency towards
yielding up or weakening the Government as by Patent established.
It is our undoubted duty to abide by what rights and privileges
the Lord our God by his merciful providence has bestowed on us,
and whatever the event may be, the Lord forbid that we should be
any way active in parting with them. Certified true copy '' from
93366. Wt. 9038. A
a COLONIAL PAPEES.
1681.
the original delivered in by Mr. William Hubbard in the name of
the Elders. 6th Jan. 1680. E. E, S." 1 p. Endorsed. [Col
Papers, Vol. XLVL, No. 83.]
Jan. 10. 3. Commissioners of Customs to Lords of Trade and Plantations.
Custom House. We have received your letter of 18th inst. (?ult.) respecting the
Order in Council touching a cessation of planting tobacco in
Virginia during 1681 (see previous volume, No. 1617). We
observe that this question of cessation arises from a letter of
Mr. Spencer's of 9th July last (previous volume, No. 1434) to Lord
Sunderland, wherein he acquaints him of several Acts and Orders
and an address praying for the cessation. But in the paper annexed
to this letter, which we presume to be the address referred to, the
Assembly only asks that the great quantity of tobacco m.iy by
some expedient most agreeable to the King's wisdom be abated, and
does not so much as mention that of cessation, so that it may be
doubted whether such an expedient would be acceptable to the
poorer planters. It might be of advantage to the wealthier men
in Virginia, and still more to the merchants who are engrossers
here and have large stocks on their hands. But, as Mr. Spencer
himself hints, we cannot but think that the King's customs will
suffer heavily. We observe further that in his letter of 20th August
(previous volume, No. 1486), Mr. Spencer mentions that the
people are inclining to cohabitation as a principal means of abating
the quantity and improving the quality of tobacco, that an Act has
been passed to encourage it, and that it is likely to benefit alike the
rich, the poor, and the King's customs. Again, Mr. Spencer in his
former letter says that there are now on the ground the greatest
crops ever known, which when added to the stock still in the
Colony, will be as much as, if not more than, the ships can carry
off in two years. But we are informed that there have been the
like reports of great crops in former years, and that our shipping has
lather wanted freight than the crops a sale. Again, most parts of
Christendom are at present furnished with Virginian tobacco. If
the Virginians cease to grow it, the Spaniards, Dutch, and French,
may grow a greater quantity in their plantations and take the
trade from us, to say nothing of the stimulus that would be given
to the production of tobacco in England. The average receipts of
the customs from tobacco in the last three years have been 100,000.
If the planting of tobacco should be stopped for a year, we doubt
whether the greater part of this sum would not be lost, leaving out
of account the loss to the shipping of the country. Signed,
Ch. Cheyne, F. Millington, John Upton. Copy. 2 pp. [Col.
Papers, Vol. XLVL, No. 84.]
Jan. 13. 4. Journal of Lords of Trade and Plantations. Ordered, That
Couucil Mr. Pane be furnished with copies of papers received from Sir
Chamber. j ona t nan Atkins, 13th June 1678, respecting abuses he had suffered
in Barbados. [Col Entry BL, Vol. CVI., p. 244.]
Jan. 14. 5. John Jeffreys to Sir Leoline Jenkins. I take the liberty to
trouble you with my poor sister's petition. She has had an order
AMERICA AND WEST INDIES.
1681,
Jan. 15.
Council
Chamber.
Jan. 19.
Jamaica.
Jan. 22.
Council
Chamber.
[Jan. 24.]
Barbados.
to receive the money she asks for on giving security to restore it,
if the King should so adjudge it, but she has now made out the
justice of her claim, by the oath of Colonel Moryson and others,
and now begs for the King's final decision. Without it she cannot
dispose of the money to any advantage, and she is still threatened
by Lady Berkeley, with the solicitation of that pattern of virtue,
Lord Culpeper. Signed. % p. Endorsed with address to Sir
L. Jenkins. Annexed,
5. i. Petition of Susanna Jeffreys, widow, to the King. Re-
capitulating the quarrel between herself and Lady
Berkeley over the salary claimed by each as due to her
departed husband, and praying the King for a final
determination of the question. 1 p. [Col. Papers, Vol.
XLVL Nos. 85, 85 L]
6. Journal of Lords of Trade and Plantations. Laws of
Barbados received on 1st June 1679 read.
Boundaries of Mr. Penn's Patent as settled by Chief Justice
North, with Sir J. Werden's alterations, read and approved. The
whole patent to be reviewed next Wednesday (19th).
The memorial of the Dutch ambassador of if December last for
restitution of Statia and Saba, read, also Sir W. Stapleton's report
of 18th May. Agreed to recommend that the islands be restored,
and that the Governors of the Caribbee Islands be ordered to take
special care that no intercourse be permitted with these islands
contrary to the Acts of Trade and Navigation. [Col. Entry Bk.,
Vol. CVL,pp. 218, 219.]
7. "Mr. Daniel Gerard Reinerman's attestation under his own
handwriting, offered to be sworn to, of the Governor of Santa
Martha's carriage and words in relation to the English, endeavouring
to persuade him, with the commodore of the Brandenburg squadron
of ships, to take all English men and ships, right and wrong, and
bring them into that port, etc." Dutch. 2 pp. Signed, D. Reiner-
man. Endorsed as above. " Reed, the 19 April 1681 from the
E. of Carlisle." [Col. Papers, Vol. XLVL, No. 86.]
8. Journal of Lords of Trade and Plantations. Draft of
Mr. Penn's Patent read. The Lords desire Chief Justice North to
provide by fit clauses therein that all acts of sovereignty as to
peace and war be reserved to the King, and that all Acts of Parlia-
ment concerning Trade and Navigation and the King's Customs be
observed ; also so to draw the patent in general as to consist
with the King's interest and encourage settlers. Paper from the
Bishop of London read, desiring that Mr. Penn be obliged by
patent to admit a chaplain of his Lordship's appointment upon the
request of any number of planters, and referred to Chief Justice
North. [Col. Entry BL, Vol. CVL, pp. 249, 250.]
9. Petition of Roger Cowley and Richard Trant, agents to the
farmers of the four and a half per cent, duty, to Sir Jonathan
Atkins. On 9th June 1 680 your Excellency ordered us to furnish the
A 2
COLONIAL PAPERS.
1681.
Council of the Island with an account of all goods entered outward-
bound in the office of the four and a half per cent, by the 9th
September, and so to continue from quarter to quarter. We should
readily comply could we do so without leave of the farmers, but
we fear to commit a breach of faith till that leave be given. For
the farmers are not bound to render an account oftener than once a
year ; the rendering of quarterly accounts would cost the farmers
IQOl. a year, which we dare not incur without permission ; and the
annual account rendered at home will surely furnish such infor-
mation as is required. Certified copy. Large sheet. Endorsed,
" Kecd. from Mr. Stede 24 Jan. 1G80-1." [Col. Papers, Vol. XLVI.,
No. 87.]
Jan. 25, 10. The Council of Barbados to Lords of Trade and Plantations.
We enclose duplicate of our letter of 23rd September last, showing
the papers that were then transmitted ; and we now send the Acts
Orders of Council, and other affairs transacted since that date.
Signed, Jonathan Atkins, Richard Howell, Benjamin Knight,
Samuel Newton, John Peers, Henry Walrond, Thomas Walrond,
Thomas Wardall, John Witham. Duplicate. 1 p. Endorsed,
" Reed. 4 June 1681. Quarterly accounts wanting." [Gol. Papers,
Vol. XLVI., No. 88.]
Jan. 27.] 11. " Colonel Long's draft of a letter for Jamaica." It has been
made evident to us by the-oath of Samuel Long, William Beeston,
Peter Beckford, Jonathan Ashurst, and Samuel Nash, merchants, on
full examination of the matter in our Privy Council, that divers
insolencies and enormities have been committed by several persons
belonging to Jamaica as privateers and freebooters, not only to the
great danger and reproach of the said Island, but also (if it be not
timely and effectually remedied) to the irreparable damage of its
honest and industrious inhabitants engaged in planting or
merchandise. These cannot be supported and encouraged as they
ought to be if their hands be weakened by withdrawing the
strength necessary for their preservation and depreciating the
effects of their labour ; and thereby also a door is opened to piracy
and rapine. Being resolved to redress all such mischief, we hereby
signify our high displeasure at such bold, licentious, and unlawful
practices and the persons that are guilty thereof, and we strictly
command all our officers, military and civil, to repress such mischiefs
for the future by all lawful means ; and we order further that the
said Colonel Long and others be preserved from all indignities,
injustice, and violence from the said freebooters, and on the
contrary receive regard and encouragement. Endorsed with the
above heading. 1 p. [Col. Papers, Vol. XLVI., No. 89.]
[Jan. ?] 12. Draft of a portion of a letter. " That upon the examination 'of
Samuel Long, Peter Beckford, &c.,many truths have been discovered
to His Majesty and his Council which may seem to have reflection
upon several of his officers in Jamaica, by discovering their faults,
who remaining in their commands will be apt to take revenge or
injure them in their concerns unless His Majesty will be pleased to
A&ERICA AND WEST INDIES. 5
1681.
signify that the said persons have done their duty, in truly informing
and commanding all officers, both military and civil, that they do
no injury nor injustice to them in their persons or interest, on pain
of His Majesty's displeasure." i p. In the same handwriting as
preceding paper and evidently emanating from Colonel Samuel
Long. [Col. Papers, Vol. XCIX., No, 90.]
Jan. 27. 13. Deputy Governor Sir Henry Morgan to Lords of Trade and
Port Royal. Plantations. Since the beginning of November last, there hath rid
at anchor in this harbour one Captain John Crocker, commander of
a small Spanish ship of ten guns and eight " patereras," and a
hundred men licensed by the Company of Seville to trade in the
American seas for two years. It now waits for the Royal African
Company's ships with negroes, intending to sail next week to
Carthagena. One ship has arrived and another is looked for every
hour, having only touched at Barbados for refreshments. There is
no question but that Jamaica will gain much by this trade with
the Spaniard, wherein the Government does not fail to give
encouragement. About 20th December last, arrived here four small
frigates, between sixteen and thirty guns, under the command of four
Flushingers, Captain Cornelius Reers, Admiral, belonging to the
Duke of Brandenburg, having letters of reprisal against the
Spaniard. They desired leave to come into this harbour and refit,
bringing with them two prizes, one laden with Spanish wines from
the Canaries, another with tallow, and a small galliot hoy with salt
and brandy. They urged the Duke's alliance with England for
permission to sell their prizes, that by the produce thereof they
might purchase all necessary refreshments for their present expedi-
tion. On this I directed the Secretary of the Island and the Naval
Officer to examine every ship's proportion of several kinds of the
stores that they wanted, upon which they reported to me their
several demands, amounting to near 800?. I thereupon gave them
leave to sell their prizes, which they did, and have ordered the
prize ship laden with wines to sail for Europe in a few days with
some English ships from this port. The four frigates sailed hence
on Saturday last in company, bound eastward, to cruise and search
the coast of Hispaniola first and then the Main. While they were
here they were not more pleased with their opportunity of refresh-
ment than the Spaniard was pained by the apprehension that they
would intercept him. They would certainly have done so (the
temptation being so high) had I not very pressingly interposed for
his protection, which they then as graciously granted, to the great
satisfaction of the Spaniard. He will leave in a few days for
if Carthagena. The Brandenburgers assured me that the King of
Denmark would very speedily send a larger force on the same
errand as themselves, to gain that satisfaction from the Spaniards
which is denied in Europe. For want of copies of the several
treaties with the respective allies of England, I am at a loss how to
guide my conduct. I now act by the advice of the Council, as our
prudence and discretion may best direct us, but I beg for instruc-
tions on this point by the earliest opportunity, for I know not how
6 COLONIAL PAPERS,
1681,
soon I may need to use them. Upon the whole matter, the Spanish
interest is strangely shocked all around us, and nothing can preserve
it from being lost unless they gain the protection of England, which
hath its great advantage from the natural situation of this Island,
in the very centre of the American seas, with a commodious
harbour and such large and plentiful collections of stores for the
service as are found in no other part of the West Indies. I humbly
submit this to your Lordship's pleasure to be debated with the Earl
of Carlisle, who has full knowledge of the matter, so important to
this Government. Meanwhile, the Spaniards continues their wonted
unkindness to the English in these seas, taking generally all our
ships that they can master at sea or circumvent in harbour, refusing
any reparation of any kind to us, who deny none to them whenever
they address this Government ; " which is much countenanced from
a graceful digestion of a full auditorie in a new church which we
entered into on last New Year's day, to the great satisfaction of the
inhabitants as well as strangers" (sic).
Unless I receive the King's orders speedily to call an assembly,
the Government will be cramped for revenue, which expires at the
end of March next. Your Lordships' care and kindness will be
necessary to prevent this. We have had no certain intelligence of
the French fleet these three months, so that we know not where
they are at present. I keep the regiment at Port Royal duly
exercised, four companies always upon the guard, and our look-
outs to windward, so that we are not likely to be surprised.
Captain Heywood, Commander of His Majesty's ship Norwich, in
November seized an interloper, which since hath been condemned
in the Court of Admiralty. Being at the caption sole judge of the
Court of Admiralty myself, I thought fit to resign my power and
appoint John White, Esq., to succeed me therein, who formerly held
that station in Sir Thomas Lynch's time. But notwithstanding
all our vigilance, some interlopers do escape, and landing their
negroes, distribute them in the plantations near adjacent and so
avoid seizure. One Captain Daniel did this last week, and left only
a bare ship to be seized by the Naval Officer, which was done
accordingly by virtue of the Act of Navigation.
I received by Captain Bennett your Lordships' commands in
your circular letter (see previous volume, No. 1533), with the
inquiries. I have issued orders to Mr. Thomas Martin, His
Majesty's Receiver-General, for an account of the revenue, and His
Majesty's Surveyor-General for an account of the island. I have
also given orders for a general muster throughout the island against
the sailing of the next ships. The rolls of the King's two standing
companies are returned by the present ship. I hope to send by
ships sailing about three months hence " such a scenographie of
the Point as shall be of such satisfaction to His Majesty and your
Lordships as yet never was presented from these parts, which since
His Excellency's departure hath been the curious endeavour of His
Majesty's Surveyor- General and his deputies." In St. Thomas
there is a church and minister ; in St. David's the like ; both at
Port Royal, and so in St. Andrew's ; a church and minister in
AMERICA AND WEST INDIES.
1681.
St. Katherine's ; the like in St. John's ; a church building in
St. Dorothy's but yet no minister ; a minister in Clarendon and the
church building ; in St. Elizabeth's a minister but no church ; for
all parishes on the north side neither church nor minister. The
settlements there are not much above five years' standing, but they
improve much, and will provide for their religion as soon as their
condition will stand the charge. The burials and christenings are
difficult to return where there is no registry. Being at a distance
the people bury in their own plantations, and forbear christening
some years till the accidental arrival of the minister. It is no
ordinary trouble to me that your Lordships should expect
from me more than is in my power, who to my power shall
always be obedient to your Lordships. Signed. Inscribed, Reed.
8 April 1681 per Captain Bennett. Read 14 April 1681. Gpp. [Col.
Papers, Vol. XLVL, No. 91, and Col Entry Bk., Vol. XXIX.,
pp. 468-473.]
Jan. 27. 14. Duplicate of above. [Col. Papers, Vol. XLVL, No. 92.]
Jan. 27. 15. Sir Henry Morgan to the Earl of Suriderland. Having not
Port Royal, had the honour or happiness to receive any commands from your
Lordship since the departure of Lord Carlisle, I enclose copy of
my letter to the Lords of Trade and Plantations, and earnestly beg
you to send me copy of the treaties therein mentioned for my
guidance. Lord Carlisle will make clear to you the interest of
England in countenancing this Government, which has outdone all
other colonies in progress, and in powers of defence and offence.
Your Lordships' intelligence of the alteration of the European
purposes and interests upon these parts would be a favour of
great value to me. Signed. 1 pp. [Col. Papers, Vol. XLVL,
No. 93.]
Feb. 1. 16. Sir Henry Morgan to the Earl of Sunderland. Since
Port Royal, writing mine of the 27th January, a ship has arrived with your
Lordship's letter, the King's commission and instructions, and
three treaties for my guidance. I have summoned a Council for
Thursday next, and issued writs for an Assembly to meet on the
18th March next. On Saturday night I had notice of one Captain
James Everson, commander of a sloop, a notorious privateer,
being at anchor with a brigantine which he had lately taken. I
presently secured all the wherries on the Point and manned a sloop
with twenty-four soldiers and thirty-six sailors, which at midnight
sailed from hence, and about noon came up with him in Bull Bay.
Then letting the King's jack fly they boarded him ; they received
three musket shot, slightly wounding one man, and returned a
volley killing some and wounding others of the privateers.
Everson and several others jumped overboard and were shot in the
sea near the shore. They then brought her away with twenty-six
stout men, whom they brought last night into this harbour.
These are now prisoners on board H.M.S. Norwich to await
trial for their lives. I have issued warrants for the apprehension
of those that escaped, of whom I doubt not to give a good account.
8 COLONIAL PAPERS.
1681.
Such is the encouragement which privateers receive from my
favour or the countenance of the Government, whatever the
reflections of the Spanish Ambassador. I present this complaint
to your Lordship against the unchristianlike conduct and
unneighbourliness of the Spaniard, who take all our ships at sea
or in port. They have this year captured twenty-two sail and
absolutely ruined our Bay trade. Though not ordinarily prejudicial
to this Colony, this is most detrimental to the King's customs, as
you will perceive from depositions which I have forwarded to
Lord Carlisle. I could multiply them if I chose to countenance
addresses against the Spaniards' inhumanity. We treat them on
all occasions with all imaginable respect and kindness, and in
return receive only ingratitude ; they have many English
prisoners, we not one Spanish, and why they should have
credit at Whitehall and we want it I leave to your Lordship.
Postscript. Upon search we could find nothing like a commission.
All Everson's men were English, to the number of seventy, except
six Spaniards. I shall send these last next week to Carthagena.
Signed. Endorsed, " Rec. 29 April." 2 pp. [Col. Papers, Vol.
XLVL, No. 94.]
Feb. 1. 17. Sir Henry Morgan to Lords of Trade and Plantations. I
Port Koyal. have received the King's instructions and three treaties, France,
Spain, and Netherlands, but want your directions as to our other
allies. I have been so fortunate as to capture a notorious pirate,
Jacob Everson (recapitulates account given in No. 16). So
much for the encouragement that privateers receive from this
Government. 1 p. Inscribed, Reed. 8 Apr. 1681. Read 14 April
1681. [Col. Papers, Vol. XLVL, No. 95, and Col Entry Bk. t
Vol. XXIX., p. 474.]
Feb. 16. 18. Order of the King in Council. That the petition of sundry
Whitehall. o f His Majesty's subjects in Bermuda be referred to the Lords of
Trade and Plantations for their report. Signed, John Nicholas.
1 p. Annexed,
18. i. The humble petition of many of your Majesty's good
subjects, freeholders, and others inhabiting the Somers'
Islands or Bermudas. Your royal grandfather, King
James, by Letters Patent established a Company in
London for the government of these Islands, under whom
your petitioners enjoyed much peace and quietness for
sixty-eight years, whereof all your Plantations have
received much benefit, particularly Carolina, which is well
resented by the proprietors. Now, since several dis-
affected persons have endeavoured by wrongful charges
of injustice and oppression to induce your Majesty to
withdraw your countenance from them and us, under
which this Island mourneth, your petitioners live in great
pain, till you restore the Company, our nursing fathers,
to its ancient method of governing. We therefore
humbly beg you to command the Company to reform
AMERICA AND WEST INDIES.
9
Feb. 16.
Whitehall.
Plantations
General.
Feb. 16.
Esher Placo.
1681.
what is amiss amongst them, and let not this Island
suffer with their dissolution, for we have already suffered
too much in our wonted peace and quietness through
these alterations. Signed, Flor. Seymour, John Fowle,
minister, Richard Hanger, Thomas Witter, Henry Vaughan,
John Bristow, sen., Francis Tucker, Daniel Seymour,
Thomas How, John Bristow, jun., John Tucker. 1 p.
Endorsed, l< Reed. 21 Feb. 1680-81."
Memorandum in Entry Book, Three other petitions
were presented to same effect. [Col. Papers, Vol. XLVI.,
No. 96, and Col. Entry Bk. y Vol. XVII., pp. 85, 86.]
19. Order of the King in Council. Exempting ships liable to
duty for commodities carried to England, Wales, and Berwick
under the Act 25 Car. II. from that duty on the giving of bond
and one surety. Printed sheet) black letter. Damaged. [Col, Papers,
Vol. XLVI., No. 97.]
20. Sir Thomas Lynch to William Blathwayt. During the
time I commanded at Jamaica I know of no damage done the
Spaniards but by such as were declared pirates, and punished when
we could apprehend them ; so that during all that time neither
their vessels, goods, nor persons ever came under command.
However, the Spaniards did us divers injuries, by seizing our ships
and sloops, chiefly logwood-cutters. I sent a long catalogue of our
losses, which amounted to many thousand pounds, which paper I
suppose you have : it was in 1673. As I remember, the principal
and most unjust was the "Virginia, Mr. Lyttelton's ship, that was
seized going for England because she had logwood in her. The
master, Cooke, is he that is since turned rogue and took the cacao
and murdered the Spaniards. Among that catalogue is a ship of
negroes taken off Carthagena that amounted to about 6;000/. I
expect to be in town next week. I thank you for the news and
those that do me right in Council. I should be glad to hear of
Colonel Herbert : we are frighted about him. Holograph. 2 pp.
Endorsed. [Col Papers, Vol. XLVI., No. 98.]
[Feb. 18.] 21. Petition of William Righton of Bermuda to the Kino-.
Upon miscarriage of several of their petitions the inhabitants sent
your petitioner over as bearer of a petition against the oppression
of the pretended Company. On hearing the grievances of the
said inhabitants your Majesty graciously ordered, on 14th No-
vember 1679, a Quo warranto to try the validity of the Company's
charter. Joaias Pitt, who came over with your petitioner, having
occasion to return to Bermuda, took the said orders for the Quo
ivarranto with him, and on his arrival was committed to prison,
to his great damage and loss, by the Company's Deputy Governor,
Sir John Heydon, for showing the said orders. Petitioner prays
for a Royal order that satisfaction may be given to Josias Pitt for
wrongful imprisonment. Signed, Will. Righton. 1 p. Inscribed,
Reed. 18 Feb. 1680-81. [Col. Papers, Vol. XLVI., No. 99.]
10 COLONIAL PAPERS.
1681.
[Feb. 20.] 22. Petition of the Merchants and Freeholders of Bermuda to
the King. The Bermudas were originally the property of the
Somers' Islands Company, and the planters only their tenants, but
your petitioners, by their labour and industry, have now long since
become owners of their lands. The Company, besides the aliena-
tion of their lands, are now so few that their government is
not practicable as directed by their charter, and indeed they
have ceased to trade as a joint-stock company for fifty years.
Yet the new pretended Company, contrary to the book of laws
made by the true Company, imposes so many taxes and hardships,
as is seen in the schedule annexed, that petitioners can no longer
endure them. Petitioners complained five years since through
their Assembly, by petition to your Majesty, but the Company
concealed the petitions and gave orders that the Assembly should
meet no more. Petitioners pray that a Governor may be sent,
empowered to allow them such freedom of trade as is allowed by
the Acts of Navigation, when they will cheerfully pay all duties
and customs, fortify the Island, and maintain the Governor without
expense to your Majesty. Anntxed,
22. i. " Abstract of the Planters' Articles against the Bermuda
Company." A recapitulation of the charges examined by
the Lords of Trade and Plantations in 1679 (see previous
volume, Nos. 990, 1052). Eighty-four signatures. Two
parchment sheets. Endorsed, " Reed. 8 Feb. 1680-81."
[Col. Papers, Vol. XL VI., No. 100.]
Feb. 21. 23. Journal of Lords of Trade and Plantations. The Bermuda
Council Company, with several othes persons concerned in the Islands,
Chamber. ca jj e( j j n> an( j ^he petition, of the inhabitants read (see No. 25).
Depositions of George Bond and Jonathan Francis also read.
Their Lordships resolve on their report (see No. 31). [Col. Entry
Bk. t Vol. CVL, pp. 251-253.]
[Feb. 21.] 24. Deposition of George Bond and Jonathan Francis. George
Bond of London, mariner, sworn, deposes : About the 28th August
1680, I, being in Bermuda, went before the Deputy Governor,
Sir John Heydon, who ordered me to enter into a bond of five
hundred pounds not to carry any tobacco or other goods off the
Island. I refused, telling him that I had already entered into a
bond of a thousand pounds in the King's custom-house in London
to bring such commodities of the growth of the Island as any
merchant or planter might ship. On the 30th Sir J. Heydon
again sent for me, with Jonathan Francis, commander of the ship
Providence. He tendered us the bond, which we refused, telling
him for the second time that we came on purpose to load tobacco
for the port of London and there pay the King's duty for the
same. He answered that we should not carry one pound off the
Island, and ordered the Marshal to carry us both forthwith to
prison, because we would not enter into the bond. About the
3rd September the said Sir J. Heydon sitting in Court with his
Council summoned Josias Pitt before him, and told him he had broke
AMERICA AND WEST INDIES. 11
1681,
his behaviour in reading some paper in the churches (which is the
usual custom there for any public business). Pitt replied that it
was the King's and Council's order with the King's seal to it, and
taking it out of his pocket showed it them. Sir J. Hey don
presently commanded the Marshal to take him away to prison,
and told Pitt he must find security before he could be released.
Captain William Peniston, a justice of the peace in the Council of
the Island, being present in Council, remonstrated with Sir John
after Pitt had been removed, and repeated the words, " King's and
Council's order." Sir John replied that it ought to be burnt and
not published. Captain Peniston replied that Sir John had sent
Pitt to prison, and that he might burn the King's and Council's order
if he dared. Peniston then declared that he would have the order
read and published in his precincts, and then rose from the Bench,
told the Governor he would be no more of his Court, and then came
straight to the prison, where he told the story to Jonathan Francis,
Josias Pitt, and myself. Signed by George Bond and Jonathan
Francis. Sworn before William Beversham, 21st February 1681,
1 pp. Endorsed, "Read, 21 Feb. 1680-81. Read again in the
Council, 26 Feb." [Col. Papers, Vol. XLVL, No. 101, and Col.
Entry Bk., Vol. XVII. pp. 86-89.]
[Feb. 21.] 25. Petition of inhabitants of Bermuda to the King. The
Bermuda Company of London still imposes on us unjust and
arbitrary laws, dispossessing us of our lands and estates without
legal process. On our complaint your Majesty was pleased to
order your Attorney-General to bring the Company to trial by
" Coranto " (Quo warranto). The Company, knowing the weakness
of its cause, has procured by last ship that a petition should be
made up in its favour, from which it has great hopes (see No. 18 1),
But we trust that their petition, signed by a few officers, tenants, and
servants, who were moved thereunto by hopes of preferment and
continuance in places of profit, may not mislead your Majesty. We
beg you to send us a Governor who may give us the benefit of laws
and freedom of trade that is allowed to all other of your subjects.
Fifty one signatures. Sheet. Endorsed, " Reed. 21 Feb. 1680-81."
[Col. Papers, Vol. XLVI., No. 102.]
Feb. 21. 26. Instructions to Andrew Percivall from the Lords Proprietors
of Carolina. You will make peace with the Westoes, on such
terms that they shall not despise us, and yet find it advantageous.
If they should hold off and slight a peace you are to get the Governor
to send to the Cofitaciquis, Esaus and all other nations, and make a
league with them, so as to compel the Westoes to treat the sooner.
In the treaty the articles will allow them to be supplied by us with
necessaries by way of trade ; but you are not to tie them to come
to any Plantation of the English except Lord Shaffcesbury's and
Sir Peter Colleton's, which being populous and well fortified will
be safe. The Westoes must be told that if they go to any other
Plantation it will be treated as a breach of the peace, of which they
must take the consequences ; and that the same will happen if they
injure any Indians that are under our protection, One copy of the
12 COLONIAL PAPERS.
1681.
treaty should be written in their language and signed by them
You are to deliver to Mr. Maurice Mathews one of the articles
signed and sealed by us about trade, and communicate these
instructions and ask his assistance in pursuing them, but you will
conceal everything from Mr. Henry Woodward till peace is made
with the Westoes ; then you may deliver to him and to Mathews
the cargo sent with you to be disposed of according to their
contract. You will instruct the Governor and Council to
correspond with us by all opportunities, and write also yourself.
Signed, Craven, Shaftesbury, P. Colleton. Subscribed, This was
not sent but altered. 1 pp. [Col. Entry Bk., Vol. XX. ,
pp. 154-156.]
Feb. 21. 27. The Lords Proprietors of Carolina to the Governor and
Council of Ashley River. By letters from divers persons sent from
Carolina by Captain Strong we hear that you have had a war with
the Westoes, but for what reason and with what particular success
we are ignorant. We cannot but accuse you of great neglect in
not informing us by the same conveyance, that we might have
given the necessary orders. If friendship had been preserved with
the Westoes it would have kept all the neighbouring Indians from
daring to offend you, and if you had protected these from the
Westoes, that protection would have made them love as well as fear
you. This consideration has been our main inducement to try to
hold a fair correspondence with the Westoes, by making ourselves
useful to them by trade. Peace is the interest of the planters, that
your people may return quietly and without fear to their business.
We desire you to make peace with the Westoes as soon as you
can upon safe and honourable terms. We have discoursed our
opinions with Mr. Percivall, and given him directions upon the
various conjectures we have had of the cause and success of this
war, which he will communicate to you for your guidance. We
desire that you will be more punctual in reporting affairs in future,
and that you cause the Secretary to send us from time to time
lists of all the people that come to plant and inhabit with you, and
from whence they come, also a list of ships that come to you, with
their burden and port of departure. We hope that you give all
all possible encouragement to the building of Charlestown at the
Oyster point, as we formerly directed you. A town of considerable
population will do much for trade and security. Signed, Craven,
Albemarle, Sbaftesbury, P. Colleton. Subscribed, Not sent, but
altered. 1 p. [Col. Entry Bk., Vol. XX., p. 153.]
Feb 23. 28. Order of the King in Council. On reading the petition of
Whitehall. Thomas Henshaw and the rest of the creditors of James, late Earl
of Carlisle, ordered that it be referred to the Board of Trade and
Plantations for consideration and report. Signed, John Nicholas
Anneoced,
28. I. The petition referred to, to the King, showing as follows.
The island of Barbados and the Caribbee Islands were
granted in fee by King Charles I. in 1628 to James, Earl
of Carlisle, who soon after settled the same by deed in
AMERICA AND WEST INDIES.
1681,
Feb. 24.
Plantations
General.
Feb. 24.
Council
Chamber.
trust for payment of debts. By decree in Chancery of
7th January 1645, the Islands, in pursuance of this
settlement, were decreed to the creditors of the said Earl
liable to the payment of 37,0747. 4s. Qd. After the
decease of the Earl his son James, for better security of
the creditors, made a lease for twenty-one years, dated
29th September 1647, of one moiety of the profits for the
payment of certain specified debts, and made a second
lease of the same term, to commence at the expiration of
the first, dated 30th December 1649. On the Restoration
the King entered into treaty with the petitioners for
re-assuring the Island into his own possession, and on
13th June 1663, agreed, by the advice of the Board of
Trade and Plantations, to pay them 24,716?. 16s. for
the whole of their interest in Barbados, which sum was
but two-thirds of their debt ; and one moiety of the
profits of Barbados was ordered to be set apart for the
payment thereof. The creditors were empowered to
receive those profits by their own agents ; and to that end
a letter, dated 19th April 1665, was written to Lord
Willoughby of Parham, then the King's Lieutenant in the
Island. Nevertheless, neither petitioner nor any other
creditors have received one penny of those profits in
satisfaction of their just debt. The profits were for years
let for 7,800. a year, and are now let at 5,300., and the
King either has or ought to have received out of the
whole profits, since the agreement was made, nearly
100,000/. As the creditors have never yet derived the
least benefit from the Order in Council of 13th June
1663, they pray that it may now be put in effect for their
benefit.
28. u. Copy of the said Order in Council of 13th June 1663,
showing the apportionment of the moiety set apart for
creditors. Certified by John Nicholas.
The Petition is endorsed: "Reed. 1 March 1680/81. Read
again 21 July 1682. This business is appointed to be heard this
afternoon at three of the clock. My Lord President directs notice
to be given to the Lords Commissioners of the Treasury of this
business and meeting." [Col. Papers, Vol. XLVL, Nos. 103,
103 i., ii. ; and (Order in Council only) Col. Entry Bk.> Vol. VII.,
p. 130.]
29. Lords of Trade and Plantations to the King. In obedience
to your commands, we have prepared the draft of a Charter,
constituting William Penn absolute proprietary of a tract of land
in America therein named, for your approbation. Draft by William
Blathwayt. 1 p. [Col Papers, Vol. XLVL, No. 104, and Col.
Entry Bk t Vol. XCVII.,p. 130.]
30. Journal of Lords of Trade and Plantations. Draft of
Mr. Penn's Patent read, and there being a blank left for the name,
agreed to leave the nomination to the King. The Bishop of Londou
14 COLONIAL PAPERS.
1681.
is requested to draft a law to be passed for the settling of the
Protestant religion in this country. [Col. Entry Bk., Vol. CVL,
p. 253.]
Feb. 25. 31. Order of the King in Council. Report of the Lords of Trade
Whitehall. an( J Plantations. Pursuant to Order in Council of 16th instant, we
have considered the petition of freeholders of Bermuda, and have
been attended by the Soraers' Islands Company, as also by several
other persons who formerly prosecuted the complaint against it.
We have also read the depositions of George Bond and Jonathan
Francis (see No. 24). We cannot but represent this behaviour
of Sir John Heydon, which is also disowned by the Company, as a
great contempt of your Majesty's authority. We therefore re-
commend that he be ordered forthwith to return to England to
answer the charges of Bond and Francis ; also that Josias Pitt be
released from prison, if it be true that he is confined for no other
reason than for publishing your Royal order. The Company has
represented to us the confusion that has fallen on the Somers' Islands
through the knowledge of the inhabitants that you have directed a
prosecution against their Charter by a Quo warranto ; the people,
upon presumption that you have withdrawn your countenance and
protection from the Company, refusing to pay the duties and obey
the laws to which they are liable by the rules of the Charter ; and
we therefore recommend that in the same declaration you order
the inhabitants to continue obedient to the Company, and submit
to the powers granted by the Charter until the pending trial be
determined. Signed, Ailesbury, Chesterfield, L. Jenkins, H. London.
Radnor. Dated 21st February 1681. Order in Council accordingly.
[Col Entry Bk., Vol. XVII., pp. 89-92.]
Feb. 28. 32. Draft of the Charter granting Pennsylvania to William
Penn. This draft covers nine large sheets. It is without punc-
tuation, and not divided into the twenty-three sections with which it
appears at the head of the laws of Pennsylvania (e.g., in the folio
edition, printed at Philadelphia, 1772). The date, too, as printed, is
the 4th March 1681. The draft is certified, "Agrees with the
record and is examined by me." Signed, Henry Rooke, Clerk of
the Chapel of the Rolls. [Col Papers, Vol. XL VI, No. 105.]
[Feb. 28.] 33. Instructions from the Proprietors of Carolina to Captain
Henry Wilkinson, Governor of that part of the Province which lies
five miles south of the river of Pemptico and from thence to Virginia.
These are identical with those issued to Governor Harvey on 5th Feb-
ruary 1679 (see previous volume, No. 879), with the substitution of
Lord Craven's name for Sir George Carterefs a-s Palatine. The names
of localities are not even altered. At the close are the following
additional articles : (1.) Complaint has been made to us that divers
persons have been dispossessed by violence of estates and goods
during the late disorders in Albemarle. Men who have taken part
in the quarrel cannot be so impartial as one who has had no hand
in it. You will therefore repair thither as soon after your arrival
as convenient, and choose, with the consent of the Council, four;
AMERICA AND WEST INDIES. 16
1(581,
able judicious men who have taken no part in the disorders, who
with yourself shall be a Court to decide all disputes that have arisen
from them. Residents in the county must bring their suits before
the Court within six months of its erection, and residents outside
the county within two years. (2.) If you leave the province you
will appoint a deputy with the consent of the majority of your
Council until your return. If you should die, the Council for the
time being shall at once be summoned to meet by the eldest of our
deputies, or in case he fail by the next. The Council being met
shall choose a Governor, who shall to all intents be as if com-
missioned by ourselves until our pleasure be known. (3.) You
are to take notice that it does not appear to us that Sir William
Berkeley during his lifetime conveyed his property to any
person, for want of which it is devolved. As he did not pay
a penny towards the settlement of our province, we do not
think fit to admit his heirs or executors to have anything to do
in Carolina as proprietors, until they have proved their right
thereto. You will therefore admit no deputy from them. (4.) You
will take particular care that the bounds between Virginia and
Carolina be adjusted according to our Patent. Signed, Craven,
Shaftesbury, P. Colleton. Postscript. Since the Lords set their
hands hereto, they ordered me to insert the following particular :
You will be sure, as soon as you can, to send home a map of the
country mended by your own or friends' experience; also, that
you inquire into the damages of the King's officers, that there may
be a summary way of giving them satisfaction." Signed, Samuel
Wilson, by order of the Lords Proprietors. The whole, 6 pp. The
additional instructions, 1 pp. [Col. Entry BL, Vol. XX. t
p. 156.]
Feb. 28. 34. Minutes of a meeting of the Proprietors of Carolina at
Thanet House. Present : the Earls of Craven and Shaftesbury, Sir
Peter Colleton, Mr. Archdall. The instructions to Captain Wilkin-
son were read and agreed on (see last abstract). Ordered, That he
have blank deputations from all the Lords with him, and that the
following be added to his instructions, viz., tha,t if any that are at
present deputies will contribute to the settling the country and
have not been concerned in the late disorders they shall be continued.
Here follow two forms of the deputations used, dated 4>th March
1681. 2i pp. [Col. Entry Bk., Vol. XX., pp. 162-164.]
March 7. 35. Minutes of Council of Barbados. Present : his Excellency,
Sir Richard Dutton, knight, Henry Walrond, Samuel Newton,
Thomas Wardall, John Witham, John Peers, Richard Howell,
Edwyn Stede, Thomas Walrond, Francis Bond. Read, his Excel-
lency's Commission as Governor and Commander-in-Chief, a
certificate from the Council Board that he had taken the oaths of
allegiance and supremacy, also the oath as Governor and the oaths
appointed in the Acts of Trade and Navigation. His Excellency
thereupon took over the Government, and administered the oaths
of allegiance and supremacy to the Council (all members being
present except Sir Peter Colleton, Bait., and Colonel Henry Drax)
COLONIAL PAPERS.
March 7.
Barbados.
1681.
and the usual oath of a Councillor, Each member having then
signed the test took his seat at the Council. Ordered, That a
Proclamation be issued declaring the King's appointment of Sir
Richard Button to be Governor, and empowering all officers, civil
and military, to continue in the execution of their duty till further
order. The Hon. Henry Walrond produced letters from gentlemen
in England, having an interest in the Island, relating to its security,
which were read and entered. His Excellency communicated the
King's proposals respecting the four and a half per cent, duty, and
his power to impart his instructions to the Council at discretion.
[Col. Entry Bk., Vol. XL, pp. 327-328.]
36. The Council of Barbados to Lords of Trade and Plantations.
The want of conveyances prevented our returning the last three
months' transactions here before the Governor and Council. We
have little to lay before you now, but we thought it best to transmit
all that was done to the end of Sir Jonathan Atkin's Government,
though the period exceeds three months, and begin our next account
of affairs from the arrival of Sir Richard Dutton, our present
Governor. We send a list of ships entered here, and of goods
imported in them, and three Orders in Council, which is all that we
have at present to give. Original. Signed, J. Atkins, Richard
Howell, Benjamin Knight, Samuel Newton, John Peers, Edwyn
Stede, Henry Walrond, Thomas Walrond, John Witham, 1 p.
Endorsed: "Reed. 4th June 1681." [Col. Papers, Vol. XLVL,
No. 106, and Col. Entry Bk., Vol. VII., p. 56.]
March 7. 37. Lords Proprietors of Carolina to the Governor and Council
of Ashley River. We have heard by divers letters of others from
Carolina of a war you have had with the Westoes, but having no
information from yourselves are left to conjecture whether the war
was necessary for the preservation of the Colony or simply to serve
the ends of individual traders. In the former case we approve it ;
in the latter we cannot but take it extremely ill that the whole
Colony should have been disturbed and endangered to promote the
advantage of particular persons. We require you therefore to send
us by next conveyance the depositions of the persons as to the
matter of fact on which this war was grounded ; also the certificate
of the interpreters that they have truly interpreted them ; also a
certified copy of Dr. Woodward's letter, saying that, if trade were
not permitted to the Westoes they would cut all your throats ; also
the letter from the Spanish Governor of St. Augustine's, wherein he
complains that the doctor tried to set the Chichinecas and other
tribes at war with the Spaniard, and that if this be not remedied he
will apply himself to war also. All these depositions are to be
taken publicly, and if any man be charged with a particular action
he may take depositions for his vindication. Our trade with the
Westoes so far has not been merely out of a design for gain, but
with this further object, that by furnishing a bold and warlike
nation with arms, ammunition, and other things useful to them,
which they could not fetch from other Colonies without great
labour and hazard, we should tie them to so strict a dependence on
AMERICA AND WEST INDIES.
17
1681.
March 9.
Council
Chamber.
y 93366,
us as to keep all other nations in awe. By protecting our
neighbours also from their injuries, we should make them think
our settlement near them a blessing, and by them we should so
terrify these Indians, with whom the Spaniards have power, that
they would never be persuaded by them to play that trick with us,
which by their Government's letters they seem to apprehend we
were persuading the Chichinecas to play with them, and which, as
we are informed, has been their usual practice. We therefore
desire you seriously to consider whether it will not be extremely
useful for the peace and profit of the Colony to set up some other
nation in place of the Westoes (whom we deemed ruined) ; some
nation whose Government is less anarchical than theirs, which
should be furnished with weapons by us, though under prohibition
to furnish them to other nations, and thus, owing their strength to
us, will depend on us for the continuation thereof by supply of
ammunition. This would keep your neighbours the more strictly
united to you, and deter the Northern and Spanish Indians from
daring to infest you. These Indians, again, being by us exalted over
their neighbours, Avill never be able to abstain from insulting over
them, and will thus draw on themselves their hatred. If, therefore,
the nation that we shall have set up should misbehave, we shall be
able to ruin them by cutting off the supply of ammunition and
setting their neighbours at them by a show of invasion. If all that
we hear of Dr. Woodward's deportment be true, we can by no
means excuse him, but must leave him to the law, to be so dealt
with for the future safety of the Colony as the law will permit.
We are extremely well pleased to hear that there are already
upwards of twenty houses built at Charlestown on the Oyster point,
ten more building, and warrants granted for the building of eighteen
more, all of which must be built in three months. The allowance
that we gave of two years to build was a confinement upon your-
selves that you should not have power t<J grant long time ; but if you.
can oblige people to build in a shorter time you will please us much
better, for the town will be the sooner built. As to the dimensions
that we presented, of thirty foot long, sixteen wide, and two and a half
stories high, we meant them to apply only to those houses that
men, who have already one town-lot and have built thereon, shall
build on other lots to let as tenements. Our object was to prevent
men from taking up lots and building hovels on them, and thus
keeping others from building good houses, fit for the receipt of good
families, which is what we want. Many people are going to you
from hence. We desire you in future to be punctual in your
correspondenca with us, and to supply us with lists of shipping
and of immigrants, and with detailed accounts of the progress of
building in Charlestown. Signed, Craven, Shaftesbury, P. Colleton.
3 pp. Subscribed) A copy of this letter was sent by Captain
Chambers on the 2nd April. [Col. Entry Bk., Vol. XX. ,
pp. 165-163.]
38. Lords of Trade and Plantations to the King. We have
received from Sir Jonathan Atkins a letter dated 26th October last
(see previous volume, No. 1558), reporting a vacancy in the Council
B
18
(JOLONIAL PAPERS.
1681.
through the death of Colonel John Stanfast, and recommending his
appointment of Mr. Benjamin Knight for confirmation. We had asked
his opinion whether Mr. Francis Bond or Mr. Alexander Riddocke
were fitter for the employment, and he answers Mr. Eiddocke.
Your Majesty has already, in Sir Richard Button's commission,
nominated Mr. Francis Bond in place of Mr. Knight ; there is now
another vacancy, to which your Majesty's nomination is required.
1 p. [Col. Entry Book, Vol. VII., p. 101.]
March 9. 39. Instructions to Andrew Percivall and Maurice Mathews from
the Proprietors of Carolina. We desire you as soon as you can to
establish a beaver trade with the Indians, and if you cannot safely
do so with the Westoes, you shall do it with the Chitiah, Savanaes,
Coceitanes, or any others. You will endeavour with all your skill
to have the trade restrained by Act of Parliament there for as
many years as you can to us only, in order to avoid quarrels with
the Indians. If you find you can safely trade with the Westoes
through a peace with them, you will endeavour, by the treaty of
peace, to make the old men security for the good behaviour of the
young men. And that they may be the better able to restrain the
young men, you will endeavour to get the Government to make it
their business to support the authority of the old men. There
must be an article, too, forbidding the Westoes, under penalty of a
breach of the peace, to go to any plantation but St. Giles or Mepken,
and a similar article should be inserted in the treaty with any
other nation about the beaver trade. Immediately on your arrival
you will take an account of the stock of English goods sent out by
us that remains undisposed of by Dr. Woodward, also an account of
all skins, furs, &c., which accounts shall be signed by Dr. Woodward
and sent to us. You will also give us full accounts of the trade as
managed in your absence, and send home the furs and skins obtained
by Dr. Woodward. You will report to us the progress of your
negotiations. Signed, Shaftesbury, P. Colleton. 1 pp. [Col.
Entry Ilk, Vol. XX., pp. 164, 165.]
[March 9.] 40. Petition of Francis Mingham to the King and Privy
Council. Thanks them for their interference on his behalf with
the Admiralty Court in Jamaica. Begs appointment of whom His
Majesty will to hear his cause, both in respect of the condemnation
and sale of his ship and of the proceedings taken against him for
appealing to the Board of Trade and Plantations. Inscribed,
Read in Council, 9 March 1681. 1 p. [Col Papers, Vol. XLVL,
No. 107.]
March 10.
Treasury
Chamber.
41. Henry Guy, Secretary to the Treasury, to William Blathwayt.
Transmitting a letter for consideration of Lords of Trade and
Plantations. Inscribed and endorsed, "Reference of Mr. Martin's
letter of 10 Nov. last." \ p. [Col. Papers, Vol. XLVL, No. 108.]
March 10. 42. Return of imports and of shipping from 10th December
Barbados. 1680 to 10th March 1681. Two large sheets. [Col. Entry Bk.,
Vol.. X., Nos. 7 and 8.]
AMERICA AND WEST INDIES.
19
1681.
[March 10.] 43. Articles of Treaty and Neutrality between the French and
English nations " situate in America between the two tropics."
Nine Articles in parallel columns, English-Latin. Inscribed,
Read 10 March 1680-81. [Col. Papers, Vol. XLVL, No. 109, and
Col. Entry Bk., Vol. XLVL, p. 368.]
March 11. 44. Order of the King in Council. Report of the Lords of
Whitehall. Trade and Plantations. We have considered Sir William Staple-
ton's letter of 2nd January (ante, No. 1) reporting that Count
de Bleuac has received ample powers to include Barbados and
Jamaica in the Treaty of Neutrality. We have also received
the project formerly settled by this Committee to the same effect,
with what formerly passed between Monsieur Barillon and your
Majesty's Commissioners thereupon. We would point out that,
though it was proper for Sir William Stapleton to negotiate a treaty
in respect of the Islands under his government, yet it is now
proposed to include territories outside that government, and that
your Commissioners have already proceeded so far as to offer a
project to the French Ambassador, who has made no objection to
it. We think it more expedient therefore that the treaty should be
negotiated in this place, and that, in order thereunto, the French
Ambassador should be informed of the contents of Sir William
Stapleton's letter, and of your Majesty's readiness to proceed to
further negotiation of the treaty. Signed, Clarendon, Conway,
Craven, J. Ernie, L. Jenkins. Dated 9th March 1680. 2 pp.
Endorsed in Sir L. Jenkins's hand, " Dd. me 7 April 1681."
Ordered in Council, That Mr. Secretary Jenkins approach the
French Ambassador accordingly. [Col. Papers, Vol. XLVI. } No. 1 10,
and Col. Entry Bk., Vol. XLVL, pp. 458-460.]
March 11. 45. Order of the King in Council. Referring the petition of
Edward Randolph to Lords of Trade and Plantations for their
report. Signed, Philip Lloyd. $ p. Inscribed, Read at Committee,
9th April 1680. Annexed,
45. I. Petition of Edward Randolph to the King. Petitioner
being the King's Collector of Customs made several
seizures in New England during the year 1680, and
prosecuted the same in the Courts of the Colonies.
Though ample proof was adduced, the juries, against all
law and evidence, continually gave damages against your
Majesty. There being no Courts of Appeal in the
Plantations, petitioner appealed to the King in Council,
and moved that security should be taken of the defendants
for their appearance, but was opposed by Mr. Danforth,
who alleged that it was an infringement of liberties
granted by charter. Petitioner prays for a trial of
the cases before your Majesty in Council, for an
examination of his articles against Danforth, and for the
trial of Danforth thereon. Inscribed, Read in Council,
11 March 1680, at Committee 9 April 1680. Annexed,
45. II. Articles of high misdemeanour exhibited against Thomas
Danforth, Deputy Governor of Massachusetts and pretended
20 COLONIAL PAPERS.
1681.
President of the Province of Maine, by Edward Randolph,
Collector of Customs there. 1. That Danforth in June
last declared in open court in Boston that the Laws of
Trade and Navigation and the powers of the Commissioners
of Customs were not valid in that Colony. 2. That in
divers trials, upon seizures made by Edward Randolph in
the King's name, he refused to admit appeals to the King
in Council. 3. That he would not suffer Randolph to
prosecute any seizures in the King's name till 10J. was
deposited to defray Court charges in Boston, and after-
wards procured an order to that effect, contrary to the
laws of England. 4. That he usurped the government of
Maine, introducing the law of Massachusetts contrary to
the charter granted to Sir Ferdinando Gorges, and
imprisoned one of the inhabitants because he protested
against his proceedings, in common with all the loyal
party ; Danforth having produced no Royal authority for
his governing in that province. 5. That he, as President
of Maine, arbitrarily compelled Edward Randolph to
deposit 101. at a Court at York to defray the costs of
Court before he would proceed to trial, no law or usage of
the Province directing him thereto. 6. That, in company
with Samuel Noel, Mr. Saltonstall, and Mr. Gidney,
magistrates, and a company of pressed soldiers (many of
whom were actually in the King's service) he in August
last entered Maine, and erected a fort under pretext of
defending the same, but in reality to secure the province
for themselves. 7. That, going by sea with these
magistrates from Boston to Maine, he carried the King's
flag at the maintop, fired at a vessel from Virginia, and
compelled her to strike. As the evidence to these articles
designs shortly to return to New England, a speedy
hearing is begged. 1 p. Inscribed, Read in Council,
11 Mar. 1680. Read at Committee, Ap. 9, 1680. [Col.
Papers, Vol. XLVL, Nos. Ill, 111 L, IL]
March 11. 46. Royal warrant directed to Sir Richard Dutton for the
Whitehall, admission of John Byndloss and Simon Win slow, or their deputies,
to the offices of Chief Clerk, Register, and sole Examiner of the
Court of Chancery in Barbados, and Clerk of the Crown and Peace,
which have been granted them by patent. Signed, Conway. 2pp.
[Col. Entry Bk., Vol. XCIIL, p. 163.]
March 1 1 . 47. Royal warrant to the same for the admission of Alexander
Whitehall. Riddocke to the Council of Barbados. Signed, Conway. [Col.
Entry Bk, Vol. XCIIL, p. 163a., and Vol. VII., p. 151.]
March 1 1 . 48. Minutes of Council of Barbados. Ordered, That the
executors of Colonel William Bate and Lieutenant-Colonel John
Codrington, late and present keepers of the magazine, bring an
account of the stores of arms and ammunition, of their disposal,
and the additions thereto, on the 30th March. Ordered, That the
AMERICA AND WEST INDIES.
21
March 12.
Council
Chamber.
1681.
writs for an election of an Assembly be issued, to be published on
three Sundays, whereof next Sunday to be one, so that the elections
may be held on the 28th instant ; that the members of the Council
meet on Easterday next at St. Michael's Church, there to receive
the sacrament according to law established ; that the Committee
in charge of the fortifications of St. Michael's take care that the
injuries done to Charles Fort by the wash of the sea be forthwith
repaired ; that the judges be summoned to attend the Governor on
Thursday next at 2 p.m. ; that blank commissions be drawn up for
them against that day. Adjourned to 22nd. [Col. Entry Bk.,
Vol. XL, pp. 329, 330.]
49. Lords of Trade and Plantations to Sir William Stapleton.
We have received yours of 7th February, 1st April, 18th May,
27th July, 10th August, 26th October, and 15th November 1680.
We have particularly considered yours of 2nd January last (ante,
No. 1), respecting a treaty of neutrality with the French in the
West Indies, and have made the enclosed report (see ante,
No. 44) thereon. This the King has been pleased to approve and
to give all necessary orders therein, so you may expect to hear by
next conveyance how the French seemed inclined in Europe to
what they have proposed in America. We cannot but point out to
you that we have been long awaiting the Acts of the Leeward
Islands, particularly those now in force, which ought to be of later
date than those which you have transmitted to us from Antigua.
Your Commission limits the duration of Acts to two years unless
confirmed by the King, and we have only received some of the Acts
of Nevis, which are now under examination. As regards your
suggested exchange of St. Christophers, we send you copy of our
letter of 12th March 1680 (see previous volume, No. 1324). We
have been informed for some time past that the ministers sent by
the Bishop of London to the Leeward Islands have not been so well
used there as they ought, especially in Montserrat. We commend
them to your care, that they may have no further ground of
complaint. Signed, Bath, Conway, Craven, J. Ernie, L. Hyde, L.
Jenkins. H pp. [Col. Entry Bk., Vol. XLVL, pp. 456, 457.]
50. Lords of Trade and Plantations to the Secretary of the
Leeward Islands. ' We have great reason to complain of your
omission to fulfil the orders of our Circular of 14th January 1680
(previous volume, No. 1262) by sending us quarterly accounts of
all matters in your office. We shall represent the matter to the
King unless it be amended. You will also send us transcripts of
all the Council Books. Signed, Bath, Conway, Craven, J. Ernie,
L. Hyde, L, Jenkins. 1 p. [Col. Entry Bk., Vol. XLVL, p. 458.]
March 16. 51. Sir Henry Morgan to Lords of Trade and Plantations.
St. Jago de la Nothing remarkable has happened since my letter of 1st February.
The interloping ships trading for negroes contrary to the Charter
of the Royal African Company, have been too successful in this
Island, four of them having in some fourteen days (His Majesty's
frigate being at sea) landed their negroes both to windward and
March 12.
Council
Chamber.
Vega.
22
COLONIAL PAPERS.
March 21.
St. Jago de la
Vega.
1681.
leeward of Port Royal. The factors here had not the least warning
whereby to make a timely seizure, before they landed them and
dispersed them marked in several plantations. On Tuesday, 14th,
the privateers (see ante, No. 16) were tried by a special Com-
mission of oyer and terminer in the Court of Admiralty, when
they were convicted of piracy and sentenced to die. But after
deliberation, and reflection that the General Assembly was to meet
on the 18th following, I thought it not fit to post them to
execution lest it should scare all others abroad from returning to
their allegiance. I have already asked for the King's instructions
herein, and have suspended the execution in the hope of receiving
them within a reasonable time. The members elected to the
General Assembly are, for the most part, very loyal and good
gentlemen, from whom I have hopes of accommodating former
differences. Inscribed, Rec. 4 June 1681, per Capt. Ed. Hill,
Commander of the ship Charles. Read 14 June. [Col. Entry Bk,,
Vol. XXIX., pp. 475, 476, and Col. Papers, Vol XLVL,
No. 112.]
52. Rowland Powell, Secretary of Jamaica, to Lords of Trado
and Plantations. Nothing has happened since Sir Henry Morgan's
letter of 16th, except the meeting of the Assembly on the 18th,
when the Speaker made the enclosed address to the Governor.
They seem to promise fairly an accommodation of former differences,
but I fear they will not be induced to pass the Revenue Bill perpetual.
% p. Enclosure wanting. Inscribed, Rec. June 7, 1 681. [Col.
Papers, Vol XLVL, No. 113.]
March 22. 53. Minutes of Council of Barbados. Ordered, on the motion of
Mr. Ralph Fret well that Solomon Eccles, committed to the custody
of the Provost Marshal for blasphemy, be admitted to give bail,
and that, on finding bail for himself in 1,OOOZ. and two sureties,
each in 5001, to appear at the next grand sessions, he be discharged
from confinement. Henry Walrond, Henry Quintine, Edward
Littleton, John Reid, and Alexander Riddocke, judges of the five
precincts, signed the test, took the oaths of allegiance and of office,
and received their commissions. The Secretary ordered to furnish
the Lords of Trade and Plantations with copies of the transactions
of the past quarter. Adjourned to 29th instant. [Col Entry Bk.,
Vol XL, pp. 330, 331.]
54. Lords Proprietors of Carolina to the Governor and Council
of Ashley River. The bearer, a very worthy gentleman and friend
of ours, sails with Captain Chambers direct for Ashley River,
Carolina, with his wife and family, intending to settle among you.
He has given us assurance that in five years' time from 20th May
next to the date hereof, he will bring over to his plantation over
forty able persons ; and we have therefore thought fit, at his
request, to grant him and his heirs for ever a manor of three
thousand acres of land, together with the rights and privileges laid
down in our constitutions for such lords of manors. But if he shall
fail to comply with the agreement to bring over as many persons
March 26.
Oxford.
AMERICA AND WEST INDIES.
23
1681.
as prescribed in our letter of 19th May 1679 (see previous volume^
No. 992), then it is not to be a manor, and you are at liberty to
grant to others so much of the land, taking it proportionately,
fronting to the river, as after the rate of seventy acres a person
he shall have failed to bring of the number engaged. Signed,
Shaftesbury, P. Colleton, John Archedale. The name of the person
in whose favour this letter was written is erased. Underwritten,
That the same was written in favour of George Warburton, Esq.,
and, on 10th April, of Paul Grimbale, merchant. | p. [Col. Entry
Bk, Vol. XX., p. 169.]
March 26. 65. Commission from Sir Peter Colleton to Robert Wilkinson,
appointing him, as is the right of the High Steward of Carolina,
Surveyor of the northern part of that province. p. [Col.
Enty Bk., Vol. XX., p. 170.]
March 26. 56. Blank Commission for the appointment of the Lords
Proprietors' deputies in Parliament at Carolina.
Lord Shaftesbury appointed Robert Wilkinson his deputy. John
Archdale appointed Daniel Akehurst his deputy. [Col. Entry Bk. t
Vol. XX., p. 171.]
March 29. 57. Minutes of Council of Barbados. The several members of
Assembly were returned and presented. Mr. Waterman, member
for St. Joseph's, refused to take the oaths of allegiance and supremacy;
Mr. James Carter was absent through sickness ; the other gentleman
took the oaths. The Assembly acquainted the Governor that they
had chosen Colonel Guy to be their Speaker, and his Excellency
delivered to them his speech.
March 30. Ordered, That a former order to ascertain the bounds of the
parishes be revived. This day Major John Waterman, who had
been suspended from sitting in the Assembly till he should take
the oaths, tendered himself ready upon consideration to take them,
and was admitted to the Assembly. Ordered, That the executors of
the late William Bate prepare an account of all arms and ammuni-
tion received by him from the arrival of Sir Jonathan Atkins to
the death of the said William Bate. The Assembly presented its
address in reply to the Governor's speech (see post No. 59). The
Council recommends to the Assembly a law to commute debts due
to the country into money.
March 31. The Assembly presented two Bills and two petitions against the
Jews (see under June 9). The Bills for levy of money and labourers
for the forts were twice read and committed to Mr. Ho well, Mr.
Stede, Mr. Thomas Walrond, and Mr. Bond for amendment. The
Assembly presented an order for defraying expenses of Sir
R. Button's reception, which was passed, and a Bill for a Committee
of Accounts. This last being read and found not full enough,
Mr. Stede was ordered to draw up a Bill to be added to a similar
Bill of 1678. Adjourned to 7th April. Mem. The Council met
and took the sacrament on Easterday as appointed. [Col. Entry
BL, VQl.XI.,^ 332-339.]
54 COLONIAL PAPERS.
1681.
March 29. 58. Minutes of Assembly of Barbados. Writs having been issued
by Sir Richard Button, Governor, the following members were
elected :
Colonel Richard Guy "1 g.
Lieutenant-Colonel John Codrington J **
Colonel Richard Baily~\ Q , n, nv ,>
tir r>'i jn/r ? O u. -L Ql&L a.
Mr. Richard Morgan J
John Bavies, Esq. ~\ g, Thomas
Lieutenant-Colonel James Carter j
Major-General Christopher Codrington ~\ Q,, T ^ n >
Mr. John Hethersell J "
Richard Seawell, Esq. "1 n, . , ,
AT TV i. i -iir iv r Christchurch.
Major Richard Williams J
Captain Thomas May cock"! o , T ,
Captain Michael Terwill J^
Edward Littleton, Esq.l , T
ITT i TT< rSt. James.
James Walwyn, Esq. J
Richard Pococke, Esq.l c , -n, .,. ,
Captain Thomas Spire } Si Hnll P s '
Maior John Merrickel , ,
** ^. ^r A nriv^fXT Q
Captain John Gibbesj"-
Samuel Husbands, Esq. "\ Q , r ,
Major Rowland BulkeleyJ bt ' Ueorge S>
William Sharpe, Esq. 1 cu T t>
Major John Waterman j Bt Jose P hs<
The House met at the house of Mr. Edward Sinclair in St. Michael's
town. Colonel Richard Guy elected Speaker and presented to
his Excellency. Adjourned to the morrow morning at eight
o'clock.
March 30. John Higinbotham appointed clerk, and John Forbes, marshal,
who were sworn in by Mr. Edwyn Stede. Rules of debate, in
twenty-seven articles, passed. Sir Richard Button's Commission
read and recorded. His Excellency made a speech to the House.
Address in reply voted (see next abstract). Ordered, That General
Christopher Codriugton, Edward Littleton, William Sharpe, Samuel
Husbands, and Richard Seawell be a Committee to treat and agree
for a convenient habitation for his Excellency. Ordered that a Bill
be prepared to provide labourers for the fortification. Adjourned
till next day. [Col. Entry Bk., Vol. XIII., pp. 405-423.]
March 30. 59. Sir Richard Button's speech to the Assembly of Barbados.
The King my master has ever been very gracious and propitious to
me, but never so eminently as when he placed in my hands that
inestimable jewel, the government of this Island. I hope he
believes that all the treasures of the Indies can never tempt me
to do an act that will merit his displeasure. I desire to keep
unspotted while I live, but my endeavours must be insipid and
ineffectual unless timely and vigorously seconded by your hands
and your hearts. I therefore resolved to lose no time in convening
you to consider of the best and safest means to secure your own great
concerns and those of your posterities. To this end the following
AMERICA AND WEST INDIES.
25
1681,
measures are essential : (1) The removal of your magazine to a
position not only safer but more central ; (2) Repair and completion
of your fortifications ; (3) The new forming of your militia; (4) The
filling of your coffers, which is the soul politic in every govern-
ment ; (5) I must recommend to you the King's gracious intimation
of his readiness to commute the four and a half per cent, duty for
any equivalent imposition. If you will think of any expedient for
raising this equivalent I will forthwith report to His Majesty ;
(6) I earnestly advise you to consider a law more strictly obliging
planters to keep as many white servants as the present law
prescribes ; Also (7) a law providing that no residents, except
councillors and judges, shall be exempt from service as jurors ;
Also (8) a Bill to restrain bad masters and overseers from cruelty
to their Christian servants, and to propose an expedient for the
conversion of negroes to the Christian faith ; Also (9) the raising of
stocks and building of public workhouses for the employment of
the poor and of vagrants ; Aud (10) I would leave it to your
consideration whether it may not be well to remedy the present
difficulties in recovering just debts.
Answer of the Assembly to Sir Richard Button's speech. We
are very sensible of your great care, prudence, and goodness. As
regards proposals 1 and 2, we shall cheerfully comply ; we shall be
ready to consider how to meet your wishes proposed in heads 3, 4,
and 5 ; and we will appoint a committee to provide for heads 6
and 7. As to head 8, we are ready to do anything for the
encouragement and good usage of Christian servants, but as to
making the negroes Christians, their savage brutishness renders
them wholly incapable. Many have endeavoured it without
success. If a good expedient could be found, the Assembly and
people would be ready to promote it. We are ready to make
provision for your wishes in heads 9 and 10. 3 pp. [Col. Entry
Bits., Vol. VII., pp. 59-62, and Vol. XIII., pp. 418-422.]
March 31. 60. Journal of Assembly of Barbados. Bill for further supply
of labourers for fortifications read and passed. Message from the
Governor and Council recommending the commutation of all
debts due to the country in money at the rate of ten shillings per
hundred pounds of sugar, provided they be paid by the last day of
May next. Agreed that the same be provided for in a Bill. Bill
appointing a committee of public accounts read and passed.
Ordered, That John Hallett, treasurer, pay out of the old levies of
public accounts 42?. 15s. 4^c?. to Benjamin Dwight for expenses of
his Excellency's reception. Adjourned to Thursday, 7th April.
[Col Entry Bk, Vol. XIII., p. 423-425.]
March.
April 2.
Whitehall.
61. List of quarterly accounts received from Barbados, first
quarter of 1681. Orders of Council, 17th March 1681. Return of
imports, 10th December 1680 to 10th March 1683. [Col. Entry
Bk., Vol. VII., p. 56.]
62. The King to Lord Baltimore. By Letters Patent bearing
date 4th March last we have granted to William Peno, from regard
COLONIAL PAPERS.
April 2.
1681.
to the merits and services of his father Sir William Penn, a tract
of land in America called Pennsylvania. [Boundaries described].
And that all due encouragement may be given to William Penn
in the settlement of the plantation within the said country, we
recommend his deputies and officers to your friendly aid. And to
this end we think fit that you order with all convenient speed
some person or persons to meet the agents of William Penn to define
the boundaries of Maryland and Pennsylvania, according to our
letters patent. Signed, Conway. [Col. Entry Bks., Vol. LII.,
pp. 83, 84, and 86, 87, and Vol. XGIII., p. 4a.]
63. The King's declaration, setting forth that he has granted a
tract of land called " Pensilvania " to William Penn by Letters
Patent of 4th March, and calling upon all inhabitants and settlers
of that province to obey him as Proprietor. Addressed to the
" Inhabitants and Planters " of Pensilvania. 1 pp. [Col. Entry
Bk, Vol. XCIIL, p. 164.]
64. [Sir John Warden] to John Lewin. Enclosing a warrant to
aid him in his enquiry at New York. [Col. Entry Bk. t Vol. LXX.,
p. 35.]
65. Order of the King in Council. The petition of Francis
Mingham (ante, No. 40) to be referred to the Lords of Trade and
Plantations for their report. \ p. Inscribed, Read 12 April
1681. [Col. Papers, Vol. XLVL, No. 114, and Col. Entry Bh,
Vol. XXIX., p. 460.]
66. Memorandum of the foregoing Order in Council by the
Clerk, Francis Gwyn. Scrap. [Col. Papers, Vol. XLVL,
No. 1J5.]
67. Petition of Edward Yeomans, Provost Marshal of Jamaica, to
the King. Showing that though there is no prison in Jamaica the
petitioner is liable for all escapes ; that he was forced to build a
room for Francis Mingham and hire guards at extraordinary
trouble and expense ; that though he might have exacted his
charges and fees for Mingham, yet in dutiful obedience to the
King's order he released him at once, without receiving any satis-
faction ; and that he therefore begs the King and Council, on
hearing Mingham's case, to order his fees to be paid. Inscribed,
Rec. 6 April 1681. Read 12 April 1682. In Entry Book is a
memorandum that the petition was referred to the Lords of Trade
and Plantations. 1 p. [Col. Papers, Vol. XLVL, No. 116, and
Col Entry Bk., Vol. XXIX., p. 461.]
[April 6.] 68. Petition of Edward Randolph to the King. Petitioner
recounts his difficulties in the law-courts of Massachusetts over his
attempts to enforce the Laws of Trade and Navigation. Over and
above these delinquencies, Massachusetts has omitted to send over
agents as commanded by your Majesty. They also continue to
coin money, which they acknowledged to be a great crime, and for
April 4.
Edinburgh.
April 6.
Whitehall.
April 6.
April 6.
AMERICA AND WEST INDIES. 27
1681,
which they craved pardon ; they convert fines and forfeitures,
which are due to the King, to the use of the Colony; and lastly
they have liberated without any process of law a master of a ship
who was apprehended for firing at your Majesty's jack. The
charter of incorporation of Massachusetts is similar to that of the
Bermudas, against which you have ordered the issue of a writ of
Quo warranto as was formerly done in Virginia. The mis-
demeanours and arbitrary proceedings of Massachusetts far exceed
those of the Somers' Island Company. Petitioner therefore prays
that a writ of Quo warranto may be issued to vacate their patent.
1 p. Inscribed, Bead in Council, April 6, 1680. Read at Com-
mittee, 8 April 1680. In the inargin, Order of the King in
Council, 6 April 1681. That the Committees of Trade and Plantations
meet on Saturday next to consider this petition. Signed, Francis
Gwyn. [Col. Papers, Vol. XLVL, No. 117.]
April 7. 69. Testimonies of various witnesses taken by Robert Mason,
Philip Chasey, of Oyster River in the province of New Hampshire,
testifies that in the year 1665, when the King's Commissioners
were in the province, Major Walderne, now one of the Council,
said to him, " You are one of those that petition for kingly
government. You shall have a king, and I will be your king" ;
and he has ever since oppressed the inhabitants. John Michelmore
testifies that in February last Major Walderne said to hjm, " You
have been to Mr. Mason for a confirmation of your lands, for which
I will smoke you over the coals." Robert Watson testifies that in
February last Walderne, in the town of Dover, warned several people
not to agree with Mason for confirmation of their lands, in the
hope that there might be a change of Government in England.
John Rand and John Beckford testify that when they came to
Portsmouth, to agree with Mason for confirmation of their lands,
they were met by Richard Martyn, one of the Council, who
dissuaded them, saying that neither the King nor Mason had any
more right to land in New England than Robin Hood, and that
the Council were resolved to oppose him. Joseph Smith gives
similar testimony. The foregoing all attested by Robert Mason.
1 p. Endorsed, Read 10 Sept. 1681. [Col. Papers, Vol. XLVL,
No. 118.]
April 7. 70. The Secretary of Barbados to Lords of Trade and
Barbados. Plantations. Transmitting copies of all transactions in the
Secretary's office, Council, and elsewhere, made up to the end of
Sir Jonathan Atkins's Government (see ante, No. 36). Endorsed
and inscribed, Reed. 4 June 1681. [Col. Papers, Vol. XLVI.,
No. 119, and Col. Entry Bk, Vol. VII., p. 64.]
April 7. 71. Minutes of Council of Barbados. The Committee reported
its amendments to the Bill for fortifications brought up by the
Assembly, which were engrossed and returned to the Assembly.
Mr. Stede's Bill for a Committee of public accounts was approved
and sent down to the Assembly. The Assembly coming in, the
Speaker asked that their own Bill for fortifications might be
3 COLONIAL PAPERS.
1681.
returned to them. Mr. Robert Dawes's petition read, and
recommended to the Assembly.
April 8. The Assembly presented a Bill for levy of money for fortifications,
which being found to contain few of the amendments formerly
added to a like Bill, a conference was desired, and the following
members were appointed thereto : Henry Walrond, Thomas
Walrond, Edwyn Stede, Richard Howell. The Assembly delivered
the Bill sent them by the Council for a Committee of accounts
without having done anything therein, and desired their Bill for
getting in the arrears might be returned to them with the Council's
amendments. They also sent for the Bill, which they had returned
unaltered, for a Committee of public accounts.
April 9. The Assembly brought their Bills for the fortifications and the
Committee of public accounts. The former was read three times
and received the Governor's consent, the latter was read once. Two
petitions for payment of gunners recommended to the Assembly.
The Assembly brought an order for a present to Captain Ashley,
which was passed by the Council and approved by the Governor.
Adjourned to 19th April. [Col Entry Bk., Vol. XI., pp. 339-
343.]
April 7. 72. Journal of Assembly of Barbados. The House, having sent
up a Bill for raising a levy of labour for the forts and received a
Bill from the Governor and Council to same effect, resolved to
desire the return of its own Bill, and sent back that of the Governor
and Council.
April 8. The House ordered this Bill, with the amendments of the
Governor and Council, to be read, and thereupon that a Bill with
the necessary alterations be drawn. Bill passed and sent to
Governor and Council, who desired members to.be appointed to
debate with some of the Council thereon. Christopher Codrington,
Edward Littleton, Richard Seawell, John Davies, Samuel Husbands
appointed accordingly, who returned with the said Bill and
amendments.
April 9. Ordered by the Council and Assembly that John Hallett give
two hogsheads of sugar to Captain Ashley, of H.M.S. Constant
Warwick, out of due sense of his good service in bringing hither
his Excellency Sir Richard Dutton. Bill for supply of labourers
for the fortifications, with the Assembly's amendments, passed.
Bill for a Committee of public accounts, with amendments, passed.
Ordered, That the Committee appointed to treat for a house for
the Governor conclude an agreement with Madam Stanfast for
Fontabelle. Adjourned to 17th May. [Col Entry BL,
Vol. XIIL, pp. 425-427.]
April 9. 73. Sir Henry Morgan to Secretary Jenkins. Your letter of
St. Jago de 3rd February arrived here on the 7th instant by Captain Knapman.
ga< Thanks for your friendly intimation of the malicious confederacy to
which Lord Carlisle and I have been exposed in the matter of
countenancing pirates and privateers. The discouragement of them
has always been the utmost endeavour of his Lordship, the Council,
and myself, I have put to death, imprisoned, and transported to
AMERICA AND WEST INDIES. 29
1681.
the Spaniard for execution all English and Spanish pirates that I
could get within the power of this Government. I wrote a full
account some weeks back to the Lords of Trade and Plantations,
and have since received thanks from several Spanish Governors in
the Main for exerting so much care and vigilance in the suppression
of privateers. Lord Carlisle's earnest -endeavours in this direction
were the cause of the loss of H.M.S. Success among the South Keys
in Cuba, which the privateers used for sanctuary. Nothing was
omitted by the Government that tended to carry so good a work
into effect, so far has it been from countenancing them or any other
malefactors at sea or ashore. We have used Spaniards on all
occasions with that respect, despatch, and neighbourly friendship
that they have more reason to be thankful than to complain.
Privateers in the West Indies can be no less easily extirpated than
robbers on the King's highway in England, both being lawless and
driven by their respective necessities till overtaken by punishment.
I am most infinitely obliged to His Majesty for his gracious opinion
of my zeal in his service, particularly in repressing all piracy. I
promise my utmost endeavours in the future, but I would I had
some small frigates to cruise about this Island, without which they
will be busy and infest this coast, though they are prohibited all the
ports and all commerce whatsoever with the inhabitants of the
Island. The complaints [against Lord Carlisle and myself] have
risen more from the desire of men to be popular than from their zeal
for the King's service, valuing themselves on the frequent obstructions
they often give it. " God forgive 'em, I do." Postscript. The
Assembly did little at their first meeting ; they meet after a long
adjournment to-morrow. 3 pp. Endorsed, " Rec. 4 July 1681."
Duplicate of foregoing. 2 pp. Inscribed, Rec. 5 June 1681.
[Col Papers, Vol. XLVI., Nos. 120, 121, and Col Entry Bk.,
Vol. XXIX., pp. 480-482.]
April 9. 74. Journal of Lords of Trade and Plantations. Read,
Council Mr. Randolph's complaint of abuses in the Massachusetts (see ante,
Chamber. jy OA ^ Q^ Lor(i Q u jp e p er acquainted the Committee that
while he was in New England he observed that the generality of
the people were very weary of the Government of the Magistrates,
and that the Magistrates also were very averse to the Government
of England. [Col Entry Bk., Vol. CVL, pp. 256-257.]
April 12. 75. Journal of Lords of Trade and Plantations. Order of
Council referring to the complaint of Francis Mingham read. Their
Lordship's agree upon their report (see No. 77). [Col Entry Bk.,
Vol. CVL, pp. 257-259.]
April 15. 76. Petition of Francis Tyssen, merchant, of London, to the
King. Prays that directions may be given to Sir Henry Morgan to
pay over 93H. 16s. which was placed in his hands as Judge of the
Court of Admiralty to the petitioner's deputy, Edward Hazle. 1 p.
Endorsed, with memoranda of the fulfilment of petitioner's wishes.
[Col. Papers, Vol. XLVI., No. 122.]
30
COLONIAL PAPERS.
1681.
April 15.
Whitehall.
April 15.
Nevis.
77. Order of the King in Council. The report, dated 12th April,
of the Lords of Trade and Plantations on the case of Francis
Mingham (see ante, No. 40) was read, to following effect. We
have heard both parties by their Counsel, and we think that the
condemnation of Mingham's ship and goods was unwarranted, and
his imprisonment and the proceedings on the action for scandal,
contemptuous towards your Majesty's Council Board and through-
out oppressive and unjust. We recommend that the 300Z. for which
the ship was sold should be forthwith restored to Mingham, but, as
the seizure was colourable and the case had divers circumstances of
suspicion, without costs. As regards the action for scandal, we
recommend that Sir Henry Morgan and Mr. Thomas Martin be
called upon to express their satisfaction with our judgment, that
Mingham may be no more troubled thereby, and that your Majesty
should express, in such manner as you think best, your resentment
towards Sir Henry Morgan and Mr. Martin, to discourage the like
proceedings in other persons in power. We recommend further
that Mingham be left to take such further legal remedy as he
chooses to obtain satisfaction for his sufferings during imprison-
ment.
As regards the petition of the Provost Marshal of Jamaica (ante,
No. 67), we think it reasonable that his fees should be paid
by Sir Henry Morgan and Mr. Thomas Martin, according to the
proportion of 2,0001. and 5001. for which Mingham was taken in
execution. Signed, Bath, Clarendon, Con way, L. Jenkins, Francis
North. Order in Council accordingly. [Col. Entry Bk., Vol. XXIX.,
pp. 462-466.]
78. Answer from the Leeward Islands to the King's offer to
commute the four and a half per cent. duty. At a meeting held at
the Public Court Hall in Charlestown on Friday, 15th April 1681.
Present : Sir William Stapleton, Governor and Captain General,
Colonel James Cotter, Governor of Montserrat, Captain Charles
Pym, and Nicholas Rainsford, Esq., of the Council, and Mr. Philip
Lee (Speaker) and Mr. James Walker, of the Assembly of Nevis.
Lieutenant-Colonel John Estridge, Captain John Pogson of the
Council, and Mr. Ralph Willett (Speaker) and Captain William
Willet, of the Assembly of St. Christophers. Captain Paul Lee,
Captain John Fry of the Council, and Captain John Vernon
(Speaker) and Lieutenant-Colonel Thomas Mallet, of the Assembly
of Antigua. Captain John Symes, Mr. William Fox of the Council,
Mr. John Blake (Speaker), and Lieutenant John Davis, of the
Assembly of Montserrat.
The King's offer was read, to commute the four and a half per
cent, duty for some other more convenient imposition. The repre-
sentatives of Nevis, Antigua, and St. Christophers answer that they
wish for no alteration, but the representatives of Montserrat accept
the offer, and are willing to pay an equivalent sum of money for
ever, provided that the Island be discharged of the four and a half
per cent. duty. [Col. Entry Bk., Vol. XLVII., pp. 13-15.]
AMERICA AND WEST INDIES.
1681.
April 15.
April 15.
April 15,
Whitehall.
April 16.
Council
Chamber.
April 16.
79. Order of the King in Council. That a copy of the petition
of Thomas Dervall be referred to the Lords of Trade and Plan-
tations for their report. [Col. Entry Bk., Vol. LXVIIL, p. 53.]
80. The King to Sir William Stapleton. On the question of
the restoration of St. Eustatia and Saba. The Dutch ambassador
having undertaken to reimburse you for your expenses in keeping
those Islands, viz., IOOL, and fifty muskets, we hereby authorise
you to restore them to such persons as the Dutch Goverment shall
appoint. 1 p. [Col. Entry Bk., Vol. XCIII., p. Qa.]
81. Warrant for the re-delivery of the Islands of St. Eustatius
and Saba to the Dutch. Addressed to Sir William Stapleton.
Countersigned, L. Jenkins. [Col. Entry Bk., Vol. XLVIL, p. 72.]
82. Journal of Lords of Trade and Plantations. Lord Culpeper
attended and gave an account of New England. He said that
New Plymouth is very well inclined to the King's Government and
should therefore be encouraged. Their Lordships will report so to
the Council, and that in their opinion] New England cannot be
brought to a perfect settlement unless a general governor be sent
over and maintained there at the King's charge. They will also
propose that all governors be obliged to reside within their
governments and receive no salary during their absence therefrom.
Their Lordships, considering Mr. Randolph's good services, agree to
recommend that his salary be doubled. [Col. Entry Bk., Vol. GVI,,
p. 260.]
83. Edward Randolph to Sir Leoline Jenkins. I propose that
the articles and paper containing several high misdemeanors
against the Bostoners, which I gave in myself to the Lords of Trade
and PJantations at my first return from New England, should be
read ; also Sir William Jones's and Sir Francis Winnington's
opinion thereon ; also my petition and appeal to the King ; also the
depositions taken on 9th instant. For full confirmation of the
whole matter the Attorney-General should be provided with the
Bostoners' Charter, and the Acts of Trade and other papers now
lying before their Lordships, that the King may be able to proceed
legally, and reduce this Government, whose example leads the other
Plantations to mutiny and uneasiness, and that the conspiracy,
which to my knowledge is continued between the factious
parties in both Englands, may be utterly dissolved. A Quo
warranto is, by the opinion of the late Attorney and Solicitor
General, the most legal and safe way of proceeding with them.
Having given notice of the Quo ivarranto the King should issue a
Commission to settle the Government of the province temporarily,
similar to that which I myself carried to New Hampshire,
empowering the present magistrates and other resident gentlemen
to administer justice, to preserve the peace, and to guard against
foreign invasion ; also to re-hear several causes or seizures which
were illegally given against the King, and to enforce the Acts of
Trade and Navigation ; and lastly to take care of ^he militia, and
32 COLONIAL PAPERS.
1681.
to place the castles and forts in safe hands, pending a final settle-
ment of the whole matter. The King should also by printed
declaration grant liberty of conscience in matters of religion,
grant, to every man hia legal rights and properties and forbid money
to be raised (except in case of foreign invasion or trouble with
the Indians) without his permission. Mr. Danforth, Mr. Noel,
Mr. Saltonstall, senior, and Mr. Gidney, who lately entered
Maine with an armed force, should be declared incapable of any
public office, and bound over to good behaviour in a bond of a
thousand pounds. I doubt not to give the King a speedy and
effectual account of all this, since I obtained the settlement of
New Hampshire by his Commission, which was a matter of far
greater difficulty. The Quo warranto will unhinge their govern-
ment and prepare them to receive the King's further pleasure,
saving withal both money and time. I have in my papers often
pressed the appointment of a general governor as absolutely ne-
cessary to the service and honour of the Crown and the good securit}'
of the whole Plantation. At present it is cantonised into small
corporations and governments, unable to defend themselves or
relieve their neighbours. But in many respects I do not look upon
the present as a favourable season for this. Besides, should any
force appear on the coast to reduce them to reason before they
have had a legal summons to make their defence, it would dis-
courage the honest majority in the place. But after a legal
prosecution there will be no need of force, for I do not believe that
they will add rebellion to all their former extravagance. Yet
even supposing that they should not regularly comply, they well
know and fear that, for what is already committed, the King will
put them out of his protection, command all the Governors of
foreign plantations to seize their ships, and deny them further to
trade ; and without trade they cannot subsist. As for the appre-
hensions of their joining with the French, they have such a pique
against them that they only want an opportunity to dispossess
them in Nova Scotia, Canada, and Newfoundland. Holograph.
Endorsed. 3 pp. [Col Papers, Vol. XLVL, No. 123.]
[April 16 ?] 84. Part of the Articles objected against the Government of Boston
in New England. 1. Erection of a mint and coining of money.
2. Putting subjects to death for matters of religion. 3. Making
laws repugnant to the laws of England. 4. Invading and sub-
duing neighbouring provinces with force of arms. 5. Illegal
imposition of taxes. Denial of appeals to King in Council ; denial
of baptism to children, &c. Copy of the opinion of Sir William
Jones and Sir Francis Winnington that if the articles alleged be true
they are sufficient to invalidate the Patent. Additional con-
siderations : It is clear by the docket of the Charter that they
were constituted to be a Governor and Company here in England ;
and in fact they did act by a Governor in London and sent agents
to represent them in America, so that the question arises whether
by removing themselves to America they have not invalidated their
Charter, und consequently that all power is not returned to the
AMERICA AND WEST INDIES. 33
1681.
King. I have several papers to communicate to Mr. Secretary if I
may have opportunity to attend. 2 pp. Holograph in Randolph's
handwriting. Unsigned. [Col. Papers, Vol. XLVL, No. 124.]
April 18. 85. Lord Carlisle to Sir Leoline Jenkins. I have received yours of
Carlisle. the 12th instant. I have by this post several letters from Jamaica.
The orders are arrived, and Sir Henry Morgan will do his best to
get a compliance with what His Majesty aud the Lords expect, but
I find there will be difficulty to get the Revenue Bill passed
perpetual. I heartily desire you would move the King to give his
part of the prize taken by Captain Heywood to Sir Henry Morgan.
You know there is taken from him 600L per annum payable here,
and his company [of foot], so that this gift will hardly recompense
the loss of the other this year, and the place he lives in is so charge-
able that, with his generous humour, I know he will be a beggar,
though I also allow him 600. per annum out of what you have
left me. I pray give Captain Morgan leave to wait upon you about
this, and also to show you some letters from him. Holograph.
Endorsed with a docket. ""Reed, 30 April 1681." [Col. Papers,
Vol. XLVL, No. 125.]
April 19. 86. Order of the King in Council. Referring a petition From
the inhabitants of Bermuda to Lords of Trade and Plantations for
report. Signed, Francis Gwyn. 1 p. Annexed,
86. I. The petition referred to, from the persons acting in behalf
of the inhabitants of Bermuda. In October 1679 your
Majesty granted a Quo warranto against the Bermuda
Company, to which they avoided pleading by contempts
and other designs till Christmas last. On 25th February
last you ordered that the Deputy Governor should' be
sent for to answer his contempt for your Royal order
(see ante, No. 3L). Notwithstanding this the Company
still continues its former practices. It has lately turned
one of the Council out of all his employment for speaking
on behalf of the said order, and it determines titles of
land situate in Bermuda in its Courts here. We beg
you to take the Island under your Royal protection, that
it may have the benefit of trading to the port of London
like the rest of your Plantations till you make known
your determination. Signed, William Righton, Nathaniel
Smith, John Trott. Copy certified by Francis Gwyn. 1 p.
Endorsed, 19 April 168.1. Mem. " Nobody solicits it."
[Col Papers, Vol. XLVL, Nos. 126, 126 I. ; and (order
only) Col Entry Bh, Vol. XVII., p. 92.]
April 10. 87. Minutes of Council of Barbados. Mr. Francis Wilbraham,
Clerk of the Committee of Accounts, ordered to bring the public
account books from 1666 to 1070 to next meeting. Discussion of
the Bill for public accounts deferred. [Col Entry Bk. t Vol. XI.,
p. 343.]
y 9336C. (J
COLONIAL PAPERS.
1681.
April 20. 88. " The names of substantial, able and (as I was informed in
the place) uninterested persons, fit to be Commissioners in the
Narragansett affair." William Stoughton, Joseph Dudley, Edward
Randolph, and the chief officer of the King's customs for the time
being, Samuel Shrimp ton, John Fitzwinthrop, Edward Palmer, John
Pyncheon, junr., Mr. Saltonstall, junr., the Governor and Deputy
Governor of New Plymouth for the time being, if the Colony have
no pretence, and the persons be uninterested, or any three or four
of them ; whereof the four first named and the Governor of New
Plymouth for the time being to be one (sic). Holograph. Signed,
Thomas Culpeper. Scrap. Endorsed. "Presented 8 October 1681."
[Col. Papers, Vol. XLVL, No. 127.]
[April 23.] 89. Petition of Thomas Darvall to the King. Petitioner is
aggrieved by a judgment given against him at New York assizes
in October 1680 ; has appealed to you in Council and given bond
to prosecute the appeal before 6th October 1681. Prays, therefore,
for a day to be appointed for the hearing. Copy. 1 p. Certified
by Francis Gwyn. Endorsed, " Reed. 23 April 1681." [Col. Paper 9,
Vol. XLVL, No. 128.]
[April 23.] 90. A collection of papers referring to the legal case of Hall v.
Darvall.
90. I. Copy of the Record of the trial before the Court of New
York. Verdict for defendant with costs. 20 July 1680.
I p.
90. II. Copy of the Bill and Answer at the Assizes. 5 pp.
90. in. Deposition of James Barre before the Mayor of New
York. 28 July. 1 p.
90. IV. Depositions of Thomas Holloway and John Hooper. 3 pp.
90. v. Deposition of Samuel Davies. 2 pp.
90. vi. Confirmation of judgment of Court of Assizes. 1 p.
[Col Papers, Vol. XLVL, Nos. 129 I.-VL]
April 30. 91. Edward Randolph to [Sir Leoline Jenkins]. Taking it for
Whitehall, granted that the Bostoners have vacated their charter, by moving
themselves, their charter, and the entire execution thereof to
America (see ante, No. 84), and by their former misdemeanours
acknowledged by their agents, what remains but for the King to
proceed against them in the same manner as against Bermuda
and Virginia ? It is a matter of absolute necessity both to the
Colony and the Crown, and will ensure. the following advantages:
1. It will bring Massachusetts to nearer dependence on the Crown,
and will confirm neighbouring Colonies in their allegiance. 2. One
united Colony, under a single Government, will be much stronger
than five independent corporations, both against internal disturbance
and foreign invasion. 3. It will render the whole Plantation of
singular use to all the Colonies, by supplying them with provisions
and stores, without which they cannot subsist if the French prove
troublesome and stop our West Indian trade. 4. The country once
brought under the King's immediate authority, will supply the King
AMERICA AND WEST INDIES. 35
1681.
with well-seasoned men and provisions for the reduction of any
rebellious Colony. Again, in case of foreign war, the King's
frigates could victual at Boston, raise men to create a diversion,
and seize the enemies' Colonies. The French and Spanish, who to
this day supply their plantations through magazine ships from
Europe, cannot do the like. 5. New England well settled will
supply us with all kinds of naval stores, timber, spars, pitch, and
tar, in case we should be cut off from supplies in the Sound. (5.
The rest of the Plantations will yield to the laws of trade when
they see New England subjected to them as well as themselves.
Finally, this will utterly cut off the correspondence between the
factious parties in Old and New England. The discontented here
think that New England will be a good retreat for them, and value
themselves on their numbers.
The King cannot hope for a better opportunity than this for
settling the country, for the other Colonies that were their
confederates have now fallen off, from their being unable longer to
endure their encroachments on their boundaries, nor the imposts
laid on their produce by the General Court at Boston. Nor do
they find it reasonable to be involved in the mischief which may
follow such repeated disloyalty. Moreover, every Colony is divided
against itself. The Governor, part of the magistrates, and the
ministry have throughout voted for dutiful submission to the King,
as witness their petition of 1666. The other party, inconsiderable
in estate or repute, and superior only in number, outvotes the
Governor in all public meetings, accounting him and all his party
betrayers of the liberty granted by the charter, which is one great
cause of the misunderstanding between the King and the Colony.
However, they all agree that the inhabitants shall be taxed to raise
near 5,000?. to pay for the purchase of Maine, and for the expenses
of the late agents in England. Besides these charges there is the
growing expense of Mr. Danforth's expedition, and of maintaining
a garrison to secure those allotments of land which Mr. Danforth
and others of the magistracy have secured to themselves out of
the province of Maine. Neither they nor any persons now in
public office in the Colony have paid a penny towards the purchase
thereof, and this, together with the imposition of an excise on all
live-stock imported from other Colonies into Massachusetts, has
so incensed the people that at my coming they were in high dis-
content. After all their complaints and the opposition offered by
some of the magistracy to the King's laws in open Court, they look
at least for a regulation of the Government, failing which nothing
remains for them but to leave the place, which they cannot
without ruin. No ship or armed force is required to carry out my
proposal, only the advance of as much money as is necessary in
the regulation of the Colony's trade, and a prosecution of the
following methods : 1. The Attorney- General to bring a Quo
warranto against the Governor and Company of Massachusetts,
and a distringas upon the province of Maine. 2. A commission
to be issued by the King to the present Governor, Messrs.
Stoughton Dudley, Buckley, Pyncheon, Saltonstall, junr., Major-
c2
36 COLONIAL PAPERS.
1681.
General Denison, and Major Savage, all of the present magistracy,
and together with them to Messrs. Lines, Shrimpton, Warton,
Kellond, Sheaf, and Wait Winthrop, all men of good estates and
well-esteemed in the Colony, charging them to settle a temporary
Government, as in New Hampshire, pending a final settlement. 3.
The King to signify his readiness to grant a general pardon, liberty
of conscience, and security of legal rights and properties. 4. No
law made in the Plantation to be valid, nor any money to be
raised, without the King's sanction. 5. Major Shapleigh, Captain
Champernoun, Mr. Wheelwright, Mr. Blackman, and Mr. Rushworth,
formerly justices of the peace and managers of Mr. Gorges's
patent, who were put out by the Bostoners, restored by the Royal
Commissioners in 1665, and again displaced since the purchase of
Maine, may be restored. If the King see fit to entrust the
execution of these proposals to me, I do not question to give a
good account of them. To unite New England in one Government,
no one could be better qualified than Lord Culpeper, who by his
administration in Virginia and his bearing during his stay in New
England has gained mighty respect among all good men. Had he
but held instructions to regulate the Government, I do not doubt
but that he might have effected the design with ease and success
at the time of his visit. Signed, 4 pp. [Col. Papers, Vol. XLVI-,
No. 130.]
[April 30.] 92. Edward Randolph to the Lords of the Treasury. For the
better regulation of the trade of Massachusetts, I propose that the
Attorney-General's opinion be taken on the following points :
1 . Should not the laws of Trade and Navigation be observed, from
the first signification thereof, by New England as well as all other
English Colonies ? What manner of signification is necessary ? 2.
Ought not the Government of Massachusetts to admit appeals to
the King before and after trials in their Courts ? 3. In appeals
made by the King's officers and other subjects, should not good
security be taken to answer before the King in England ? What
course should be taken if security be refused ? 4. Have not the
Governor and Company of Massachusetts, who by their charter
were directed to act in England and transact their business in
America by agents, vacated their charter by removing to America ?
Signed, Edward Randolph. Minute, referring foregoing to the
Attorney-General for his report. Signed, Henry Guy, 30 April
1681.
Report of the Attorney-General, dated 30th May : 1. In my
opinion, the Plantation Acts being public laws, and particularly
binding on the Plantations, are of effect without particular notice
from the King. Yet to take away all colour of excuse it has been
usual to signify the same by Order in Council. 2. There is no
question but that, as the sovereignty remains in the King, an
appeal lies to him in Council as from Jersey and Guernsey, and the
King in Council may give rules in what cases appeals may be
allowed, and how prosecuted, and for what value, as has been done
in Jersey and Guernsey, with allowance, of course, for the greater
AMERICA AND WEST INDIES. 37
1681,
distance of the place, for it would be an infinite vexation to allow
latitude of appealing in any case before the King in Council lias
settled rules, unless in some exorbitant case which may have
influence upon the Government. 4. By the charter of King James
the Council was to reside in England and manage by assigns in
New England, but by the Patent, 4 Car. I., their assigns are made
a body corporate, the Government is vested in them, arid they may
reside in New England. Signed, R. Sawyer. [Col. Entry Bk.,
Vol.LXI.,pp. 124-126.]
[April ?] 93. Petition of divers merchants and others of London, members
of the Bermuda Company, to the House of Commons. The
Company was created in 1614, and by its charter one-fourth of the
Islands was reserved for the defraying of public expenses, all lawful
owners of one entire share of land to be admitted to a voice in the
Company, and no others. For some years the Islands throve, till
some members of the Company, living in London, made by-laws
for governing the planters in Bermuda, being themselves least
concerned in the trade and interest of the Islands, for their own
private advantage. They take away lands enjoyed for eighteen
years by lawful owners, without legal process or compensation,
erasing the record of their title to the same. Strangers who had
no land in the Islands are admitted, contrary to the charter, to the
Company, and the possession of the lands unjustly taken is decreed
to them. The Company exacts a penny a pound on all tobacco
grown on the Island, on pretence of defraying the expenses of
government ^ they allow the Governor, without consent of the
Assembly, to tax the planters, which is illegal, unwarranted by the
charter, and destructive, and the money is spent by those who
attend meetings in London. The land set apart for expenses of
government amply suffices. Again, they prohibit all exportation
or importation except in their own ships, and charge excessive
freights ; and a penny a pound being set on Bermuda tobacco, which
is imposed on no other, Virginia and other colonies are able to
undersell it. Again, the Company has prohibited the people from
building vessels of over five tons burden, forbids any ship to be
used as magazine ship in which any of the planters have an
interest, has put a stop to whale fishing, and acted in many ways
illegally, unjustly, and arbitrarily. We beg you to consider these
grievances, and appoint a time to hear them. Printed broadsheet.
[Col Papers, Vol. XLVL, No. 131.]
[May 2.] 94. Blank commission signed by Lord Shaftesbury, Sir Peter
Colleton, and John Archdall, for the appointment of a deputy who
should have been appointed by Sir William Berkeley, deputies
being much wanted, and it being uncertain to whom Sir William's
rights belong.
A second commission of the same ldn,d given to Governor
Wilkinson. [Col. Entry Bk, Vol. XX., p. 171.]
May 2. 95. Lords Proprietors of Carolina to Governor Wilkinson. We
have given you our deputations without inserting a name, in order
38 COLONIAL PAPEBS.
1681.
that, if the persons already appointed by us should not behave as
they should, in healing all breaches that have been in the Colony,
you may fill that Proprietor's deputation (of whose nomination
the party so behaving was) with the name of some fitting
person. If our nominees behave well, we think it best that they
should not be turned out. A p. [Col. Entry Bk. t Vol. XX,,
p. 172.]
May 3. 96. Lords of Trade and Plantations to the King. We have been
long considering the affairs of New England, and have discussed
them with Mr. Randolph, who has run great hazards there in the
discharge of his duty, and is now returning thither with enlarged
powers. But as his former merit has been great, and he cannot
well proceed without a larger allowance than he has hitherto
received, we recommend that his salary be raised from 100Z. to 200Z.
annually. [Col. Entry Bh, Vol. LXL, p. 126.]
May 7. 97. The President and Council of New Hampshire to William
Portsmouth, Blathwayt. Our President, John Cutt, being deceased, I write on
' e> behalf of our new President, Eichard Walderne, and the Council
to acknowledge yours of 14th October 1680. The Government
being yet in its infancy, the new laws requiring some time for
preparation, and communication with England being infrequent,
we may seem not to have been forward in our duty. But we hope
to make amends by the fulness of the account we have transmitted.
Signed, R. Chamberlain. p. Endorsed. " Reed. 20 Sept. 1681."
[Col. Papers, Vol. XLVI., No. 132.]
May 7. 98. The President and Council of New Hampshire to Lords of
Portsmouth. Trade and Plantations. At the end of December we received yours
of 1st October 1680 by Mr. Mason, and another by Mr. Chamberlain.
The latter required us to furnish you a quarterly account of all
public transactions. But we Lave no such frequent opportunities,
especially in winter, of sending into England. This conveyance by
Captain Peck is the first from this province since the receipt of
your orders, and indeed since the receipt of the King's commission.
We send the accounts required of us now, and shall not fail to
avail ourselves of all future opportunities. First, as to civil
matters, we refer you to the Acts and orders which we have passed,
which are herewith enclosed. Next as to ecclesiastics ; these
remain unchanged. Each town has an orthodox minister to the
satisfaction of the people. As to our military discipline, we refer
you again to our Acts for appointing officers and exercising soldiers.
There are forts at the Great Island in Portsmouth and at the
Little Harbour's mouth, well enough situated, but too weak at
present to be sufficient defence. The guns, eleven in all, are too
small, none bigger than a sacker, or more than 2,100 Ibs. weight,
and the people are too poor to make defence suitable to the
occasion that may happen to the fort. The guns were bought and
the forts erected by Royal command, at the sole expense of the
people of Dover and Portsmouth about the year 1665, at the
AMERICA AND WEST INDIES. 39
1681.
beginning of the first Dutch war. There are five more guns in
the upper part of Portsmouth, purchased by private persons for
their security and defence against the Indians in the late war.
We beg the King to send us suitable guns, with ammunition. The
income of the powder and customs for maintenance of the forts
will be found in the Acts. As to trade, we send a return of
tonnage. Our chief export is lumber of all kinds, which at present
is of little value in the other colonies to which it is sent. We see
no other way of improving our trade than for the King to make
our river Piscataqua a free port. Importation by strangers is of
little value ; ships commonly sell their cargoes in other colonies,
and if they come here generally come empty to load with lumber ;
if by chance they are laden with fish they bring it from other
parts, none being made [cured] here. As to improvement of our land
by tillage, our soil is generally so barren, and the winters so long and
severe, that we cannot grow food enough for ourselves. In the
late war with the Indians several of the youth were killed, and
many men, by destruction of houses and estates, so impoverished
that they can do little towards improving their estates, and
groan under the malt tax levied for the purpose, whereof great
part is to this day unpaid. Signed, Richard Walderne, President,
Elias Stileman, Deputy President, Richard Martyn, William
Vaughan, Thomas Daniel, John Gillman, Christopher Hussey,
Job Clements, R. Chamberlain, Secretary. 2 pp. Endorsed.
"Reed. 20 Sept. 1681." [Col. Papers, Vol. XLVL, No. 133, and
Col. Entry Bk., Vol. LXVIL,pp. 10-13.] Annexed,
98, i. The General Laws and Liberties of the Province of New
Hampshire, made by the General Assembly in Ports-
mouth, 16th March 1679 [1680], and approved by the
President and Council. Preamble and preliminary
enactment, That justice and right be equally and
impartially administered unto all, not sold, denied, or
carelessly deferred unto any. Marginal note in the hand
of Attorney -General Sawyer, No need of it, therefore
disallowed.
CAPITAL LAWS,
The penalty of death is fixed for those (1) who having
had a knowledge of the true God worship any other God.
Marginal note, "Set aside." (2.) Who blaspheme the
Trinity. Marginal note, " Set aside." (3) Who are
guilty of treason. Marginal note, " Provided for and
set aside." (4) Who conspire rebellion and subversion
of the government. Marginal note, " Provided for."
(5) Who are guilty of murder, (6) who slay a man in
sudden anger, or (7) through guile; (8) who calling
themselves Christians consult a familiar spirit ; (9) who
are guilty of bestiality ; " arid the beast shall be slain and
buried, not eaten ;" (10) who are guilty of sodomy, or
(11) of bearing false witness against a man's life, or (12) of
40 COLONIAL PAPERS.
1681.
stealing mankind ; (13) who being over sixteen years of
age smite or curse their father or mother, unless it can be
proved that the fault lay with the parents through
neglect or provocation; (14) who commit rape; (15) who
are guilty of arson. The marginal notes are all in the
handwriting of Attorney General Saivyer. The above is
printed in full, ^uithout marginal notes, in Belknap'a
History of New Hampshire) Farmer's edition, I,, 453.
CRIMINAL LAWS.
(1.) All prisoners to be tried at the next Court. (2.)
Those guilty of adultery, male and female, to receive two
whippings, not exceeding forty lashes each, and to wear
the two letters A D sewed on their upper garments ; if
seen without the letters to be publicly whipped. (3.)
Fornication to be punished by injunction of marriage,
fine, or whipping ; the same if committed after contract
and before marriage to be punished with fifty shillings
fine or whipping in default. Fines to be paid in money
for " the more discountenancing this prevailing sin/'
(4.) Burglars to be branded B on the right hand for a first
offence, on the left hand for a second offence, and to be
whipped ; to be put to death or otherwise grievously
punished on the third offence. If the offence be com-
mitted on the Lord's Day the brand to be on the forehead.
(5.) Stealers of ships shall be severely punished, but
punishment not to extend to life or limb. (6.) Theft of
animals or goods to be punished by threefold restoration
to the party wronged, and by fine or whipping, as the
Court or three of the Council shall determine. Appeals
from the Council permitted. (7.) Any member of Council
may try petty thefts to the value of forty shillings, and
order whipping to ten stripes. Appeal allowed. (8.)
Swearing punishable by ten shillings fine, or one to three
hours in the stocks. For more oaths than one at one
time the fine to be twenty shillings. Cursing may be
punished also with whipping. 9. Working on the Lord's
Day ten shillings fine or whipping. (10.) Speaking
contemptuously of the Scriptures, ten shillings or the
stocks for firat offence, forty shillings or whipping for
repeating it. (11.) Members of Council empowered to
enforce execution of civil judgments. (12.) Breaches of
peace punishable by fine or imprisonment. (13.) Forgery
punishable with fine, or in default public whipping and
the brand F on the forehead. (14.) Embezzlement of or
falsification of public records by notaries or other keepers
punishable by disf ranchisement, branding on the face, or
fine. (15.) Attempts to corrupt public officers, punishable
by fine, imprisonment, or whipping. (16 to 19.) Relate
to punishments for libel, destroying fences, moving land-
AMERICA AND WEST INDIES,
1681.
marks, &c. (20, 21.) Prohibition of gaming, ten shillings
fine for each player, and twenty for the keeper of the
house. (22.) Against drunkenness ; for the fourth offence
five pounds fine or public whipping. (23.) Against firing
the woods ; ten shillings or the stocks. Any member of
the Council may hear criminal cases, when the fine does
not exceed forty shillings, and the punishment ten Inshes
or the stocks. Here the numbers cease, and the remaining
enactments succeed each other as follows : (1.) Orders
for prison keepers, (2.) for marshals, (3.) for the validity of
former judgments of Courts before the change of govern-
ment, (4.) for the confirmation of all existing property in
land. This is the enactment directed against Robert
Mason in defiance of the King's order; it is but six
lines in length. (5.) Differences as to titles of land to be
tried by jury of freemen. (6.) All contracts to be paid
in the species bargained for. (7 10.) Regulations for
the grazing of horses on unfenced lands, and for branding
them with the initial letters of the four towns, Ports-
mouth, Hampton, Dover, and Exeter. (11 12.) Orders
for the administration of justice. The General Assembly
to meet at Portsmouth on the first Tuesday in March
for legislation, and the President and Council to hear
appeals. Three other Courts to be held by the President
and Council or any six of the Council. (13.) The estates
of constables to be liable to distraint for arrears of rates
in their districts. (14.) Every man of good life, twenty-
four years of age, and having twenty pounds of rateable
estate, to be a freeman, with a vote for the election of
all officers. (15, 16.) Any member of Council may
solemnise marriages, after three publications or fourteen
days' public announcement in writing of the intention of
the parties. (17.) System of assessments for raising
money for the public charge. (18.) Reward for every
wolf killed in the province, forty shillings to an English-
man, ten to an Indian. (19, 20.) Confirmation of existing
laws. (21, 22.) Powers to constables and marshals to
enforce payment of rates and fines. (23.) The marshal's
fees; and (24.) powers to invoke assistance. (2427.)
Rules for collection of rates and fines. (28 30.) Certain
details as to administration of justice. (31, 32.) The
freemen of every town may choose their own officers and
make their own regulations. (33.) Rule against careless
discharge of ballast from ships. (34 43.) Concerning
the civil and criminal procedure. (44.) No inn-
keeper to allow servants or children to sit and drink.
(45.) Strangers falling sick or lame to be relieved by the
town where they lie. (46.) Visitors from one town
requiring relief in another to receive it from the town to
which they belong. (47.) The President shall have a
casting vote in the Assembly, Quarter Court, or Council.
42 COLONIAL PAPERS.
1681.
(48.) No stranger brought by the master of any vessel to
be admitted to any town without the sanction of the
President, or three of the Council, or of the select men.
(49.) The constables in each town are to warn the
freemen on the 1st February to choose their Deputies for
the Assembly, which is to meet on the 1st March.
Hampton, Portsmouth, and Dover to return three
Deputies, Exeter two Deputies. Any Deputy absenting
himself to be fined twenty shillings for every day's
absence, unless the Assembly judge him to have valid
excuse. (50.) Fee to be paid for appeals from the Quarter
Courts. (51.) Act repealing the former order for three
Courts in the year, and substituting two, on the first
Tuesday in June and the first Tuesday in December, at
Dover, Hampton, and Portsmouth in succession. (52.)
An Act for the rate, " not inserted among the foresaid
laws." (53.) 3rd May 1681. Orders for a rate for
defraying the public charge of the Province. Here at
page 19 the general laws and liberties end.
Acts and Orders of the President and Council
of New Hampshire.
Portsmouth, 1st January 1679-80. The President and
Council received the King's Commission from Edward
Randolph.
14th January. The Commission was read to the
Council
2 1st January. The Commissioners nominated therein
took the oaths.
22nd January. Commission read at Portsmouth to
the inhabitants of Portsmouth, and received with great
acclamation. The President chose Richard Walderne for
his Deputy, to the great satisfaction of the Council.
Elias Stileman, Samuel Dalton, and Job Clements added
to the Council. Proclamation issued confirming all
former officers in their places.
4th February. Warrant issued to the select men of
the four towns to draw up a list of the inhabitants for
assessment. Two criminal cases tried.
16th February. Order to quicken the constables in
the collection of the rate. Act for calling a General
Assembly. The Council, being left by the King's Com-
mission to determine what persons shall choose the
Deputies for the Assembly, order the persons hereinafter
named in the several towns to meet at nine in the
morning on the 1st March next, and having taken the
oath of allegiance to choose three persons from among
themselves by the major vote given in writing. No man
shall vote, except such as are mentioned in the list ; no
man shall put in but one vote forgone man, and the voters
AMERICA AND WEST INDIES. 43
1681.
must not " cut quite through the iiames they write in
their papers." Here follows the list of voters. For
Portsmouth, seventy-one ; for Hampton, fifty-seven ;
for Exeter, twenty (including one member of Council) ;
for Dover, sixty-one. Order appointing the 26th
February as a day of humiliation. Richard Martyn
chosen Treasurer of the Province, John Roberts, of Dover,
Head Marshal of the Province, and Henry Dow, Marshal
under him. A complaint of trespass heard.
16th March. Meeting of the General Assembly at
Portsmouth,
Council.
Richard Walderne.
Richard Martyn.
"William Vaughan.
Thomas Daniel.
Christopher Hussey.
John Gillman.
Elias Stileman.
Job Clements.
Deputies.
Robert Elliot - O
Philip Lewis - - > Portsmouth.
John Pickering
Anthony Stanion - j
Thomas Marston - > Hampton.
Edward Gove - - J
Peter Coffin O
Anthony Nutter - - y Dover.
Richard Walderne, junior J
Bartholomew Tipping - ") F t
Ralph Hall -J*
Sundry laws and ordinances made. Criminal business.
17th March. Edward Randolph reported that he had
seized a ship in the river for the King. The master
complained that Randolph, did him injury in seizing the
vessel. Randolph desired a trial by jury, which was
granted.
18th March. Further proceedings as to the seizure of
the ship. The master petitioned for a special Court to
decide the issue between Randolph and himself. Sundry
administration and civil business.
23rd March. The case tried before the President and
Council and a jury. Mark Hunkyn, plaintiff, against
Edward Randolph, defendant, for illegal seizure of his
ship. Verdict for plaintiff with ol. 6s. 8d. damages.
Edward Randolph was summoned before Council, for that,
being asked during' the case where the Earl of Danby was,
he answered that he was hanged for all he knew, which
the Council takes as a great reflection upon such a great
Minister of State. Randolph said that he was sorry, and
the Council being satisfied dismissed him.
44 COLONIAL PAPERS.
1681,
24th March. Captain Walter Barefoot examined
concerning a paper he had set up on Great Island about
customs to be entered to him, which he owned.
25th March. Barefoot indicted for posting the above
notice. Fined ten pounds. Ordered that the commission
and instructions that he received from Edward Randolph
be returned to him. Letter from the Council and
Assembly to the Governor and Council of Massachusetts ;
thanking them for their care of New Hampshire while it
lay under their Government, and saying that the separa-
tion from them was through no wish of their own, for
they would have heartily rejoiced if the King had
continued the old arrangement, and begging for the
settlement of a regular correspondence for the future.
Appointment of officers of militia. Richard Walderne
chosen Major-General of all the forces horse and foot.
Officers for Portsmouth : Captain Thomas Daniel, Lieu-
tenant Walter Neale, Ensign John Hunky n. For Hampton :
Captain Christopher Hussey, Lieutenant John Samburn,
Ensign . For Dover : Major Richard Walderne,
Lieutenant Peter Coffin, Ensign John Davis. For Exeter :
Captain John Gillman, Lieutenant Ralph Hall, Ensign
William More. For the Fort : Captain Elias Stileman,
Lieutenant Nathan Fryer, Lieutenant Nathan Drake.
Ordered that for the present there shall be but one troop
of horse, of sixty troopers besides the following officers :
Captain John Gerish, Lieutenant Anthony Nutter, Cornet
Sam. Sherborn.
1st April. Order of the President and Council for
enforcement of Acts of Trade and Navigation. Richard
Martyn appointed officer for this purpose. The General
Assembly adjourned to the first Monday in June.
7th June. Ordered that those that keep ferries shall
convey Members of Assembly and Council, and jurymen on
public service, free, and militia men going to musters at a
reduced rate. Sundry administrative, civil, and criminal
business.
10th June, 12th October, and 2nd November. Sundry
business.
22nd December. The King's letter for the admission
of Robert Mason to the Council read ; and on taking the
oaths he was admitted. Mr. Chamberlain also admitted
to be Secretary.
1st March and 8th March 1681. Proceedings of a
Court of Appeal at Portsmouth. These occupy three
pages. Letter to the Governor and Council of Massa-
chusetts on a matter of shipping, urging a return to the
practice which obtained " when we were all under one
law and government, which best pleaseth us." Letter
from the Council to Robert Mason, dated 12th March
1680-81, We have received three letters from you which
AMERICA AND WEST INDIES. 45
1G81.
we do not intend to answer in writing, choosing rather to
discourse their contents with you at the next meeting
of Council. But as to yours of 4th February wherein
you say that you are informed that some persons have
encouraged the inhabitants not to treat with you, we desire
and account it your duty, if you know of such persons, to
produce them to receive the demerit of their offence.
Signed by the whole Council. Adjourned to first Tuesday
in April.
April. Richard Walderne took his place as President
in the room of John Ctitt deceased. Robert Mason being
requested to stay and assist in the Council's transactions
desired to be excused. Elias Stileman chosen by Richard
Walderne to be Deputy President. Sundry legal business.
20th April. Sundry causes tried. Robert Mason, being
desired to remain with the Council to hear certain
petitions about his concerns, refused, saying he should
hear of them in England.
23rd April. Proclamation, warning all agents of Robert
Mason to desist from carrying out his illegal orders issued
under his assumed title of Lord Proprietor.
3rd May. Treasurer's fee fixed at a shilling in the
pound of all money received in the public use of the
province. Secretary's fee to be one shilling for every
petition presented.
4th May. Letter from the Council to Robert Mason.
The Council having seen and read sundry of your declara-
tions set up in public places in which you charge them as
great offenders under the King's commission, desire you to
meet them on Friday next about noon and make all your
charges out, or they will conclude yourself to be a pryer
and fomenter of them and a slanderer of the innocent.
As to your saying that you will carry all matters and lay
them before the King, as if the Council had not power to
deal with you or others, either in capitals or criminals, we
judge it a mistake and pray you will believe it otherwise.
Signed, Richard Chamberlain.
5th March. Letter from Robert Mason to the Council.
In reply to your letter of 4th instant, I stand to the
justification of all my public declarations and letters to
the Council, and have good proof thereof which I shall
lay before the King. You by your declaration of
23rd April seem to think yourselves concerned, for you
say you will disprove my statements before the King
though as yet you do not know whom I shall accuse, nor
of what crimes. However, your declaration pleases me
very well. I cannot but admire that though I have
named no persons you should unanimously think your-
selves referred to ; and that you should seek to be
judges in your own cause. It is you, not I, that
have made yourselves the parties concerned. Tbe King
46 COLONIAL PAPERS.
1681.
has declared me your lawful proprietor and he shall judge
between us. He and no other shall hear the charges that
I intend to prefer. Here the proceedings of the Assembly
end, having filled eighteen pages.
Account of the income of the fortifications on the Great
Island in Customs of wines, rum, sugar, and molasses, from
1st January 1680 to May 1681. Creditor, 6U 3s. Id
Debitor, 561. 12s. 4d One item in the latter account is
12?. 10s. for two and a half barrels of powder spent at the
funeral of John Cutt. Stock of powder remaining in the
fort, 117 Ibs., viz., received from various ships 162 Ibs.,
spent in salutes, 45 Ibs. " Errors excepted." 6th May
1681, per Elias Stileman, Collector. \ p.
A catalogue of the tonnage and entry of ships and
vessels. Fifty-one vessels in all, the first entered
14th April 1680, the last 12th April 1681. The whole
return dated 12th April 1681, by Richard Marty n.
. Note. " That many of the above-said ships came into the
river, being driven in by contrary winds and made but
little stay/' 2^ pp.
The Treasurer's Account. Debitor, 1312, 13s. 4d The
largest item is 106?. 11s. 6d for expenses of the Council
and General Assembly, the smallest 3s. 4d for five quires
of large paper for law books. 2?. 10s. paid to an Indian
for five wolf's heads. Creditor. Portsmouth rate,
291. 17s. 3d., Dover rate, 20?., Hampton rate, 23?. 17s. 3d,
Exeter rate, 11?. 9s. 4d Total, 85?. 4s. Dated, Ports-
mouth, 2nd May 1681. Richard Martyn, Treasurer. The
ivhole document is signed ly the Council, as tJie covering
letter. 7th May 1681. Sealed. 54 pages closely written.
Endorsed. "Reed. 20 Sept. 1681." [Col Papers, Vol.
XLVI. t No. 1331.]
May 8. 99. Testimony of William Forbes, of Newichewanock. That about
two years since, being one day in the town of Kittery, Major
Walderne took out of his pocket a paper which he read in derision
of the Government of England, and said there was no more a king
in England than the man to whom he spoke. Attested by Robert
Mason and Nicholas Shapleigh. Scrap. [Col. Papers, Vol.XLVI.,
No. 134.]
May 10. 100. Journal of Lords of Trade and Plantations. Draft Corn-
Council mission and Instructions for Sir Thomas Lynch considered. The
Chamber. p re amble altered to reserve Lord Carlisle's rights and mention
Sir Henry Morgan's recall.
Petition of William Miles read, complaining that several debts
are due to him from planters in Newfoundland. Agreed to
recommend that [the Captain of] one of the men-of-war of this
year's convoy be ordered to call the parties complained of before
him, and do his best for such people as petitioner by his good offices,
being empowered by a letter of attorney to recover just debts
[Col Entry Bk., Vol. CVL.pp. 261, 262.]
AMERICA AND WEST INDIES. 47
1681.
May 10. 101. The President and Council of New Hampshire to Lords of
Trade and Plantations. In continuation of our letter of 7th May
(ante, No. 98) we have given an abbreviate of matters
concerning Mr. Mason in a letter to the King. We hope that the
dispute between Mr. Mason and the people here may not be finally
determined against them till their side be heard, for they have
no doubt of their ability to prove their ownership, and trust that
the King will account the interest of a whole province greater than
that of a single subject. Signed as No. 98. 1 p. Endorsed.
"Reed. 20 Sept. 1681." [Col. Papers, Vol. XLVI. t No. 135, and
Col. Entry BJc. t Vol. LXVIL, pp. 13, 14.]
May 12. 102. Warrant by the Governor and Council of Jamaica offering
a free pardon to all men serving under foreign commissions who
return to their allegiance [from privateering] by 1st September
following. Copy. 1 p. [Col. Papers, Vol. XLVL, No. 136.]
May 12. 103. Sir John Werden to Sir E. Andros. I have received yours
Edinburgh. O f 29th April and 3rd May. The Duke is surprised at Mr. Griffith's
offering to sue you, but it seems that this is connected with one of
the charges against you. Mr. Woolley's delay is more disingenuous ;
the Duke will probably require him to give in his statements in
writing to Mr. Porter. I have already written to you about the
grants of New Jersey, and the bounds of Mr. Penn's patent. All
settlements made in those parts ought to hold good, but I presume
that the Lords of Trade and Plantations have taken to uphold
existing rights. As to the islands in the Delaware they would seem
to be excluded from Mr. Penn's patent, but the grants must decide
the matter. Printed in New York Documents, Vol. III., pp. 286-
287. [Col. Entry Bk., Vol. LXX., pp. 34, 35.]
May 13. 104. Colonel Nicholas Spencer to Sir Leoline Jenkins. God be
Virginia, thanked we are very peaceable and quiet. The Indians have
troubled us little of late, which we ascribe to our garrisons at the
heads of the rivers, who keep them in constant awe, and free the
inhabitants from the dread of constant incursions. Our most
formidable enemy, poverty, is falling violently on us through
the low value, or rather no value, of tobacco. It is now so
under foot that we have no hopes of its advancing enough to
give us means of subsistence unless the King gives his assent to a
cessation of planting for one year, so as to bring tobacco once more
into esteem. At present we have no means of carrying on our
existing undertakings, nor can we say what manufactures we
can possibly manage. The general poverty checks the erection of
iron or potash works, of which we have the natural means to
produce great quantities. As to other commodities produceable
here, such as pipe-staves, timber works of all kinds, and corn, we
have a possibility of doing enough with them to supply other
parts, but our position is so remote that the cost of freight
and transport devours the whole produce. Flax is our most
hopeful commodity, though as yet, through our unskilfulness
48 COLONIAL PAPEKS.
1681.
therein, it gives us little advantage. Time and need, it is to be
hoped, will so improve our knowledge as to arrive at the perfection
of skill, not only to supply ourselves, but to export sufficient to
improve our condition. Signed. \\pp. Endorsed. [Col. Papers,
Vol. XLVL, No. 137.]
May 14. 105. The Secretary of New Hampshire to William Blatlrwayt.
Portsmouth. Your instructions to me were to do my duty to the public without
reference to my friend Mr. Mason's concerns, and to write to you
frequently. I hope that what I am about to write may not be
disagreeable. Four several times at the meeting of the Assembly
the Council pressed and threatened me if I refused the oath of
secrecy. I told them that I intended to be guided alike by my
duty to the Council here and to the ancient laws of England, As
a compromise I suggested that the matter might stand over till
I received instructions from England, but after that I was set on
by the whole posse comitatus of the Council, both ordinary and
extraordinary, including Mr. Moody, their archbishop. I positively
declared that I neither could nor would derogate from the King's
commission. I said just now that Mr. Moody was virtually of the
Council, and I believe Mr. Mason will inform you of his super-
intending in all matters public and private, but I confess that I
told him he was none of the Council. The occasion was upon his
inculcation of my oath of secrecy, and his interpretation of the
terms of my commission. He resented it so much that I fear I
have done my business as a church member. The laws were made
and published just as we came, except those for Courts and the
rate which were lately done. When the Assembly was set to
amendment and revision thereof I made my remarks such as
they were. First, I took exception to the whole system in general
as being collected mostly from the Massachusetts law book.
Surely it would not please His Majesty that we should cast off
obedience to the jurisdiction of Massachusetts, and yet yoke
ourselves inseparably under its laws. Then I objected to the laws
as unnecessary, the King having sent them out a great volume
ready to their hands. I also objected to other and repugnant
laws as to the punishment of manslaughter by death, to the
disallowance of marriage by divines and giving the power to
Council, to the arbitrary sentence in case of fornication, of fine,
marriage, corporal punishment, or all or any of them ; to making
larceny, robbery, and burglary not felony, nor punishable with
death except at the third offence. The law of false witnesses
differs from the English ; that of confirmation is, I conceive, ipso
facto repugnant. But every objection, except some verbal and
literal errata, were overruled. Mr. Mason desired to enter a
protest against this law of confirmation of town grants. I spoke
on the subject and gave my opinion on it, both in its relation to
the Commission and to English law. The opposition of many to
Mr. Mason, owing to the example of their chief, is much to be
deplored. Time, and a little, more of his industrious spirit will,
I hope, end matters well. I shall never be found wanting to defend
AMERICA AND WEST INDIES.
49
1681.
May 16.
Portsmouth.
his right where I have a fair opportunity. There is a verbal
amendment required in the Commission. I mention it because his
opponents lay hold of and wrest every word. Holograph. Signed
Rich. Chamberlain. 2 pp. Endorsed. " Reed. 24 July 1681. Read
10 Nov/1681." [Col. Papers, Vol. XLVL, No. 138, and Col. Entry
Etc., Vol. LXVIL, pp. 5-9.]
106. The Secretary of New Hampshire to Lords of Trade and
Plantations. I arrived at Portsmouth 24th December last, at the
house of Mr. John Cutt, the President, lately deceased. I delivered
your letter of 30th September, and the King's commission for me
to be Secretary and Clerk of Council. On the 28th December the
Council met, when the letter and commission were read. It was
debated for about three days whether they would admit me or
not, but at length on the 30th I was admitted. According to the
duty of my office I requested that the books, papers, and records
of the Council should be delivered to me, which were in the hands
of one of the Council, Mr. Stilemao. The Council book was refused
to me on the ground that there was none. I therefore desired one
to be made, and was told that the country was poor, &c., but
afterwards, at their meeting in March, I had a waste book of the
Council's Acts and Orders delivered to me to transcribe and keep ;
the fairer book then brought was to remain in Mr. Stileman's
hands. He also retains the records and papers that are filed, in
virtue of his offices of Recorder and Clerk of the Writs. He is
also captain of the fort. To make my commission insignificant
they have appointed three of themselves to be joint secretaries or
registrars of the province Stileman for the matters aforesaid
and for Portsmouth and Dover, Samuel Dalton for Hampton and
Exeter, and Richard Martyn to take charge of the shipping. I
have told the Council that I believe it to be the law that persons
who are judges in any court of judicature cannot also be ministers
to the same court ; it is derogatory to the King's service that the
Deputy President of the province and a law-maker should also
hold so mean an office as maker of writs and attachments. My
fees are so small that they are not worth the naming. My salary
and perquisites are ordered to be settled according to the measure
of other colonies, but the authorities here do not see fit to do it, so
that hitherto I hold but the name of an office, the profits being
shared by the persons before named. I beg that the King will fix
my salary and order the Council to pay it, and that the issue of
writs and other due perquisites may be attached to my office. On the
2nd March the Council and Deputies met under the name of the
General Assembly, to hear appeals. They first formally declared
themselves a court of appeal, though they have no such power by
the King's commission, and reviewed the laws made at their former
meetings. When they were read I gave my opinion which of
them were different, and which repugnant to the laws of England
and the King's commission. Thus those for confirmation of titles
and crown-grants, which are declared by the King's commission
y 93366,
50 COLONIAL PAPERS.
1G81.
and letters to be illegal, I conceived to fall into the latter class
The Council tried several times to impose on me an oath of secrecy,
and that I should enter no account of any matter or debate without
their order. This I refused to do as inconsistent with my commission,
with your orders, and with the duty of rny place. It was hinted
that unless I took the oath I should not be secretary, and it was
afterwards moved that when they had any private business I
should withdraw. I told them they might do their pleasure, but
I should not suspend myself. They replied that they knew what
they had to do, from which it is conjectured that they debate matters
before they come to session. The deputies for the several towns
are eleven. It is thought that they are nominated by the Council,
and that the Council allows none but whom it pleases to vote at
elections. I was at the election in Dover in February last, where
Mr. Mason took the opportunity of making himself known to the
inhabitants, of discoursing his interest as proprietor, and of making
offers of confirmation and grant according to the King's proposition ;
wherewith many were well satisfied. At that time several
demanded their liberty to vote, which was denied by Major
Walderne, our present President. It was then said that but thirty
were allowed to vote, and Mr. Mason, when he withdrew, was
followed by many, complaining that a hundred and fifty persons,
all payers of great taxes, were excluded from voting. The Council
have written you an account of the province, and you may be glad
to receive that of Mr. Mason, who perhaps will give more details,
having been in most parts of it.
And here I must tell of what is perhaps the thing of greatest
moment to this province, namely, what has passed as to
Mr. Mason, who is declared by the King to be lawful proprietor
of the province. The King, at Mason's coming to New Hamp-
shire, appointed him of the Council, and ordered his commission
declaring Mason's legal right as proprietor to be published by
the Council. The President, John Cutt, being ill, the Council
deferred the publication till February, but as soon as it was
published, together with his agreement with the King for the
satisfaction of the inhabitants, the people came in from all parts
to welcome him. They desired confirmation of their estates, and
to take grants for the same with the addition of more land. Some
of them have lived for twenty years in these parts, and could never
yet obtain the least parcel of land, as they complained, for their
trade and subsistence. So in a short time half the province had
been with Mason, and had entered their names with me as secretary,
most of them complaining of heavy burdens and oppressions.
But between Mr. Mason and the Council there has been no such
good understanding as the King evidently expected. At his first
coming the Council proposed to him that they should undertake to
raise a yearly rent, payable to him in each town of the province,
and to be managed by them. He refused, saying that he would
treat with every one separately, and let them lands as he saw
Cause, and that if any of his tenants had cause of complaint he
AMERICA AND WEST INDIES. 51
1G81.
would redress it himself and not entrust the duty to others ;
moreover, the people generally desired to hold their estates of him
directly. Hereupon the Council have endeavoured to give him all
the trouble they can by dissuading the people from coming to
agreement. I must confess that some of the Council have
afterwards affirmed that they had no wish to hinder people from
taking conveyances from Mr. Mason, but they will not endure
that he be owned as proprietor as the King has owned him. At
the General Assembly of 3rd March last Mr. Mason was present ;
all his grants and the King's orders were read to the deputies to
give them all the satisfaction imaginable ; they were so far from
receiving it that they opposed Mr. Mason's title though unable to
show any of their own, and encouraged the deputies to opposition
and to preparation of a remonstrance from their respective towns.
The Council doubted if Mr. Mason were the true person, and the
deeds true copies ; I was summoned to testify to my own hand,
c., but they doubted still because they would still doubt. I
cannot omit to add that several scandalous libels about Mr. Mason
were dispersed that he designed to enslave the people, to make
them pay two shillings for every chimney, and ten shillings for
every room they kept fire in, that they should neither fish nor
fowl, and the like, all of which I know to be utterly untrue. By
my conversation with him I know that his aims are just the
contrary; and he has carried himself so fairly that even his
enemies admit that he is to be respected, and that none who came
to him went away unsatisfied. The quarrel with the Council is
the fault of the Council. Mr. Mason has no difference with the
inhabitants ; they say, I am told, that they are ready to agree
with him if the Council will order it. The objections of the
dissentients to his title are too paltry and too readily changed to
be worth notice. Now they pretend a grant from the Indians
now a pretended conquest from the Indians. The whole trutu is
that they have given each other great tracts of Mr. Mason's land,
and sold it to divers persons without any legal title, and they
therefore expect the purchasers to come upon them for the purchase
money. At present they have made a law to confirm town grants.
I gave my opinion, at the time of revision, that it should be
repealed as repugnant to the commission. They did repeal some laws,
as, for instance, one that punished rebellious children with death,
yet this confirmation was not repealed. Mr. Cutt, who died at
the latter end of March, was an honest, loyal gentleman who
acknowledged the proprietor, stood for his rights and purposed to
take his grant from him. As to his successor, Richard Walderoe,
you will hear more from Mr. Mason, who has taken several
depositions (see ante, Nos. G9, 99) about him. There was a debate
as to filling the vacant place in the Council, but no entry is
yet ordered of names to be submitted. Mr. Mason has refused to
sit and act in the Council, as he judges their proceedings to be
illegal. The people complain of great taxes, and that they know
not how they are expended. 4 pp. Holograph. Signed, Richard
D 2
52 COLONIAL PAPERS.
1C81.
Chamberlain. [Col. Papers, Vol. XLVI., No. 139, and Col Entry
Bk., Vol. LXVIL,pp. 14-22.]
May 17. 107. The representation of Major Nicholas Shapleigh, Captain
New Hampshire. Francis Champernoun, Walter Barefoot, and William Bickham, to
the King. We beg to lay before you the condition of New
Hampshire. The greater part of the Council are such as were in
authority while the Province was under the jurisdiction of
Massachusetts, and zealous promoters of that interest. When
Mr. Randolph brought your commission for establishing your
own authority therein, although they were appointed by you to
be of the Council, yet they opposed the settlement thereof to the
utmost of their power, and did not accept the Commission till some
days later than the term fixed by you, nor indeed until the late
President, John Cutt, summoned the inhabitants to Portsmouth to
hear the Commission read, and to make provision for the peace of
the Province pending your further instructions. Ever since they
have showed every appearance of disobeying your orders, and
have imposed on the province the laws of Massachusetts. The
inhabitants generally are loyal subjects, and inclined to obedience
to you, but they are kept in subjection by the present Council
under pretence and name of your royal authority, so that they are
afraid freely to speak their minds. The taxes laid on them are
great and intolerable, and no account of their expenditure is given.
The only visible expense is eating and drinking, the Council always
meeting in an ordinary. On the arrival here of the honoured
Mr. Robert Mason, the lawful proprietor, the people from all parts
came to welcome him and to obtain from him confirmation of their
lands, and we may confidently say that there was not one man
but would have readily complied with him, but for the persuasion
and other indirect measures of the Council, who have obstructed
him all they can in the peaceful settlement of the province, by
spreading false reports. Even his adversaries confess that his
behaviour commands respect, and that if they must be tenants of
any one man, they would rather be tenants of him than of any
man living. The heirs of John Mason have always been esteemed
lawful proprietors here, and it is well known that he expended
many thousand pounds in building, planting and stocking, of which
others have reaped the benefit ; and the chiefs of the Council have
made themselves rich by selling his timber and by giving each
other large tracts of his lands. The proprietor is going home
to represent these things to you. We pray to be freed from
the oppression of unreasonable men. 1 p. Signed, Fran.
Champernoun, Wm. Bickham, Nic. Shapleigh, Walter Barefoot.
Endorsed, "Reed. 24 July 1681." [Col. Papers, Vol. XLVI.,
No. 140.]
May 17. 108. Testimony of John Machin of Exeter, New Hampshire,
that John Gillman, one of the Council, said in his hearing in March
last that the King had nothing to do in the province, nor had
AMERICA AND WEST INDIES. 53
1681.
rights to grant lands therein (see ante, Nos. 69, 99). Attested by
Robert Mason. [Col Papers, Vol. XLVI. t No. 141.]
May 17. 109. Journal of Lords of Trade and Plantations. Sir Thomas
Council Lynch's Commission considered. Ordered, That it be prepared
' am er - without any recital or mention of Lord Carlisle's Commission or
Government. [Col. Entry Bk, Vol. CVL, p. 262.]
May 17. 110. Minutes of Council of Barbados. The Assembly was
invited to send members to a conference over the Bill for a
Committee of Public Accounts, which members concurred with the
proposals of the Council in respect thereof. His Excellency
reminded the Assembly of the great necessity for distributing the
magazine in several parts of the Island.
May 18. The Assembly brought up the Bill for a Committee of Public
Accounts, which was thrice read and passed into an Act. Bill to
confirm the lease of Fontabelle thrice read and passed. A Bill to
explain the Act establishing the Courts of Common Pleas was
twice read and dismissed. Bill for habeas corpus read a first time
and reserved for consideration. The Assembly sent a list of
gentlemen among whom the magazine might be distributed, to
which the Governor replied that he would issue orders to the
keeper of the magazine to effect the distribution forthwith. A
motion from the Assembly touching the Court of King's Bench
and Chancery was read and laid aside. The Assembly presented
several orders for payment of gunners and matrosses, and an order
that John Hallett might not be a sufferer from the Bill of Public
Accounts. All of which were passed. The Speaker also made
his request concerning Kennedy's surrogate. [Col. Entry Bk. t
Vol. XL, pp. 344-347.]
May 17. 111. Journal of Assembly of Barbados. Address to the Governor
passed, requesting him that the proceedings of the Court of
Chancery may be public, and that the members of the Council
may be sworn (see next abstract). Message from the Governor
asking that members be appointed to confer with a Committee
of Council on the Bill for a Committee of Public Accounts.
Christopher Codrington, Edward Littleton, John Davies, William
Sharpe, and James Walwyn appointed. Bill to confirm the lease
of Fontabelle to his Excellency passed. Bill appointing a writ
of habeas corpus passed, and ordered to be transcribed against
to-morrow morning.
May 18. On petition of the gunner, mate and matrosses of the several
forts, ordered by the Governor, Council, and Assembly that John
Hallett pay 14,660 Ibs. of muscovado sugar to Captain Thomas
Rawlings, chief gunner of Oistin's Bay, and to his three matrosses
as salary for sixteen months from 25th November 1679 to 25th
May 1680 ; 15,890 Ibs. to Henry Jacob, gunner of Charles Fort,
and to his mate and matrosses for salary from 14th July to 14th
January last ; 5,500 Ibs. to William Baynes, gunner of James Fort,
and to his matrosses for same period ; the like sum to Archelous
COLONIAL PAPERS.
1681.
Oct. 5.
[May 17.]
Barbados.
May 18.
Portsmouth.
May.
Bowdidge, gunner, and the matrosses of Willoughby Fort, to John
Hare and the matrosses of the battery, to Thomas Sackfold,
gunner of Fontabelle Battery, and his matrosses ; 2,500 Ibs. to John
Taylor, gunner of the line in the Bay, and to his matrosses. The
Speaker desired to move the Governor to put a stop to the
proceedings of Mr. Kennedy's surrogate and order him to return
all fees that he may have received, also to thank his Excellency
for his care in proposing the method of building and repairing
fortifications. Bills for habeas corpus, and for confirming the
lease of Fontabelle, read and passed. Bill explaining the Act
establishing Courts of Common Pleas passed. Bill appointing
Committee of Public Accounts received from the Governor and
Council, with an addition made by them, and passed. Ordered, That
notwithstanding the passing of the said Act the Committee should
take care that John Hallett, Treasurer, should not be a sufferer
thereby. Adjourned to 7th June. [Col. Entry BL, Vol. XIII.,
pp. 427-432.]
112. Address of the General Assembly of Barbados to Governor
Sir Richard Dutton. Tt is enacted by law of the Island that the
Governor, Council, Judges, and Justices of the Peace shall hold
General Sessions every six months, in pursuance whereof the said
Council, Judges, and Justices have always acted as members of
that Court, and have constantly had their free votes in all judg-
ments there given, and all fines imposed. Your Excellency at the
last General Sessions, not being informed of this, imposed several
fines without their concurrence, which we look upon as a dangerous
innovation, likely to be of grievous consequence under governors
less just and moderate than yourself. We beg therefore that you
will preserve us our old law and customs, re-admit the Council,
Judges, and Justices to the power given them by law, and stay
execution of the fines imposed by you, as we think them un-
warranted by law. Signed, John Higinbotham. Copy. Certified
by Edwyn Stede, 7 Oct. 1681. 1 p. Endorsed, " 5 Oct. 1681, to
the Governor." [Col Papers, Vol. XLVL, No. 143.]
113. Warrant for the apprehension of Robert Mason, and for
bringing him before the President and Council, if sitting, or, if not,
before Richard Walderne and Elias Stileman, or any two of the
Council, to answer for his usurpation over the King's authority in
publishing a declaration dated 2nd May 1681, wherein he summons
the President and Council and others to appear before the King in
three months. Subscribed, " This was written with Mr. Stileman's
own hand, whereof it is vera copia. Rich. Chamberlain." p.
Endorsed. [Col Papers, Vol. XLVL, No. 143.]
114. The Speech of Samuel Bernard, Speaker of the Assembly
of Jamaica, to Sir Henry Morgan. The usual declaration of
personal unworthiuess, and of the dutifulness of the Assembly
towards the King, and the ordinary claim of the Assembly's
privileges. 1 p. [Col Papers, Vol XLVL, No. 144.]
AMERICA AND WEST INDIES. 65
1681.
May 18. 115. Sir Henry Morgan to Lords of Trade and Plantations.
St. jago Pursuant to my instructions I summoned a Council, and by their
advice ordered the issue of writs for the election of a General
Assembly, which accordingly were returned on 18th March last,
when they chose Samuel Bernard, Esq., a person of ability, for their
Speaker. At the first opening of the Assembly I found them
fairly inclined, from their great satisfaction at the King's restoration
to them of their formerly enjoyed privileges ; but when I had
insinuated among the leading men the strictness of my instructions
to press for a perpetual revenue, and they communicated it to
their brethren, they inclined to some heats. However, that they
might gain time for their cooling, they presented a Bill for the
keeping of the revenue for forty-four days, with an additional
clause imposing five pounds on every negro slave that should be
exported out of this Island, to be paid to the King. This imposition
was occasioned by the merchants supplying the Spaniard with
great numbers of negroes rather than the planters, whose necessities
pressed them much for a good supply. I wanted not reason enough
to refuse the Bill, but two Madeira ships were just arrived whose
duties amounted to about 800?., and were in hazard to be lost, and
moreover abundance of interloping negroes were on the Island,
purposely reserved for the Spanish trade. I was anxious also
myself to avoid anything that might make them uneasy on the
first entrance into business, so by the advice of the Council (one
only excepted) I gave this Bill the Royal Assent, but with a
caution to the Speaker and Assembly that they should not make
it a precedent for any such Bill in the future. At their meeting after
their adjournment in Easter holidays I could not find in any of them an
inclination but rather an absolute averseness to a perpetual revenue,
so I was driven to my private instructions (previous Vol., No. 1572)
for the gaining of it for at least seven years, which by all means I
did endeavour, but as yet ineffectually. Soon after they fell into a
dispute, managed at several meetings of Committees of the Council
and Assembly, about the style of enacting laws, to which I am as
strictly tied as to the observance of the term of seven years for
the Revenue. Having laboriously possessed them with the indis-
pensable necessity I lay under of obeying my instructions, from
which I durst in no way swerve, and without obedience to which
they could not enjoy the full fruit of the King's gracious favour,
I at last communicated to several of the members as private
gentlemen, the two paragraphs, one of my private, the other of my
general instructions, touching the revenue and the style of enacting.
Finding me under so absolute a necessity of so strict observance
they began to be of a better digestion, but recollecting that they
had prepared a great many Acts in an enacting style which I could
not admire, and had passed them twice in the House in a wrong
style, they were prevented from making the necessary alteration,
which they were inclinable to make, without violating the
parliamentary way of making Acts. Most of them being under
great impatience to be at their plantations, being all in the chief
56 COLONIAL PAPEES.
1681.
of their work, they generally and unanimously desired that they
might be prorogued, that they might begin again that which, when
more successfully finished, might the better speak their thankful
acknowledgment of the King's most gracious condescension in
granting them their ancient privileges. Upon which by advice of
the Council I prorogued the General Assembly till 24th June next,
and, meanwhile, I am labouring all I can to gain the Revenue Bill
for seven years, wherein I have encouragement to hope for success.
I fear your Lordships may have had a late disorder in your
opinion of my management of this Government by a proclamation
pretended to have been made here for the intercepting of inter-
lopers. It is of the same birth and nature as many other
undeserved aspersions thrown privately against me by malicious
adversaries, who through me would have maligned the Govern-
ment, and dare not give me an opportunity of so fair a vindication
as I now lay at your Lordships' feet (see next abstracts}, where
I do not doubt of an honourable justification. May I no longer
live and prosper than I honour and obey my king. Signed,
Henry Morgan. Inscribed, " Reed. 5 Aug. 1681." 3 pp. [Col.
Papers, Vol. XLVL, No. 145, and Col. Entry Bk, Vol. XXX.,
pp. 47-49.]
May 18. 116. The Council of Jamaica to Lords of Trade and Plantations.
Jamaica. Understanding by the pamphlet herein enclosed that some evil-
disposed persons have caused a proclamation to be put in print as
passed here by our Governor in a form much reflecting on our
Government, we hold it our bounden duty to clear it from that
aspersion, and, if possible, to find out the contrivers of the forgery.
To which end we called before us divers of the officers, civil and
military, who being examined upon oath all unanimously declared
that they never saw or heard of such a proclamation before the
said pamphlet was produced here. And we also on our parts do
assure you of the same. But the foundation of the report (which
some malicious men at home have aggravated by additions of their
own) appears to have proceeded from the indiscretion of the
Secretary, who, being also one of the factors of the Royal African
Company, was to prepare a warrant of assistance for the seizing of
interlopers to be signed by the Government. He making an ill
choice of a form and committing that to a scrivener to be
transcribed, divers copies were obtained and sent for England,
where they were printed under the title of a proclamation, with the
name of Sir Henry Morgan subscribed to it ; whereas it is certain
that Sir Henry Morgan never so much as saw the said warrant (as
it was so prepared). This was no sooner communicated by the said
Secretary to the Company's other factor than he suppressed it, and
drew another of a very different form, as your Lordships may see
here enclosed, which is the only warrant of that kind that ever
was signed by the Governor, or presented unto him to be
signed to the best of all our knowledge, which in all humble
duty is certified by (signed) Thos, Ballard, F. Watson, H. Moles-
AMERICA AND WEST INDIES. 57
1681.
worth, Charles Modyford, Jo. Cope, Thos. Byndloss, J. Fuller,
The. Cary, John White. Inscribed, " Reed. 5 Augst. 1681."
Annexed,
116. I. Smith's Protestant Intelligence, Domestick and Foreign.
Number 12, dated Monday, 7th March to Thursday
10th March 1681. A newspaper of a single printed
sheet, containing the forged proclamation against inter-
lopers in Jamaica.
116. II. Proclamation against interlopers who encroach on the
monopoly of the Royal African Company. Signed,
Henry Morgan. Countersigned, Rowland Powell. In-
scribed, "Reed. 5 Aug. 1681." [Col Papers., Vol. XLVL,
Nos. 146, 146, i., ii. Letter (without enclosures), Col
Entry Bk., Vol. XXX., pp. 51, 52.]
May 18. 117. Minutes of Proceedings of the Council of Jamaica for the
St. Jago investigation of the forged proclamation against interlopers (see
de la Vega. p recec n n g abstract). Present, Sir Henry Morgan and the nine
Councillors whose names are subscribed to the letter to the Lords
of Trade and Plantations. Detailed examinations of Francis
Hanson, lawyer, Henry Ward, merchant of Port Royal, John
Montfort, writing master, Edward Yeamans, Provost Marshal,
Thomas Martin, Receiver-General, Anthony Swymmer, merchant,
Captain Richard Herne, Doctor of Physic, Captain Charles
Penhallow, merchant, Captain Edward Gardiner, brazier, Captain
Thomas Hodgkin, merchant and naval officer, Edward Story,
Deputy Provost Marshal, John Star, clerk to the Provost Marshal,
and Rowland Powell, Secretary of the Island. From which it
appears that Powell took the original draft of a proclamation from
Hanson, amended it and gave it to John Montford to be copied ;
that Montford with Powell's consent gave a copy to Henry Ward,
who sent it to London. The proclamation meanwhile was found
wanting by the Council, and a new one was drawn. How it came
to be printed in London no witness can tell. 8 pp. [Col Papers,
Vol. XLVL, No. 147.]
May 20. 118. Sir Henry Morgan to Secretary Sir Leoline Jenkins.
St. Jago Gives a summary of his letter to the Lords of Trade and
ega> Plantations (ante, No. 115) and continues. Colonel Samuel Long
and Mr. Jonathan Ashurst with their families are lately arrived
by Captain Bannister. They are of a much more moderate temper
than when they left us, and seem to sit down with us in a more
sedate and satisfied condition, having before their departure
possessed the people with a very strange assurance that they
should receive what their hearts desired from the success of their
solicitations at Whitehall. Since their arrival I have been very
careful in following your instructions for their reception and
entertainment, and I question not but they will be careful of
exposing themselves to such another voyage. Signed. Endorsed,
" Reed. 6 Aug." [Col Papers, Vol. XLVL, No. 148.]
Duplicate of foregoing, [Col Papers, Vol XJLVL, No 149.]
58 COLONIAL PAPERS.
1681.
May 25. 119. Lords Proprietors of Carolina to Governor and Council of
Ashley River. Mr. Archdall, purchaser of Lady Berkeley's pro-
prietorship, wishes to buy 12,000 acres of land and a town -lot in
Cha.rlestown. Pray give his Agent assistance in choosing land.
[Col Entry Sh, Vol. XX., p. 196.]
May 26. 120. Nicholas Badcock to the Commissioners of Customs. In
Patuxen. m y last to you by Captain Samuel Groome I gave you a full
account of your affair here, as well as of all that has been done
since my coming, of what is amiss, and of the remedies required.
Four ships have come in from England, the Freeman of
Liverpool, Edward Tarleton, commander, the St, George of
London, Captain Shephard, the Dolphin of Poole, Captain Dennet,
and another whose name I cannot yet hear. All have certificates
of being bound for Ireland, as well as England, Wales or Berwick.
The Act restraining the word Ireland in all bonds is now out, but
I conceive, by the Act for the better security of the plantation
trade, that the plantation duty is nevertheless due and payable. I
therefore, directly I had the first sense of it, repaired to West
Wighcocomeca, about thirty-seven miles from hence, and demanded
the duty of the Master of the St. George, who had begun to load.
He told me he would do nothing in the matter but refer me to the
Governor. I returned next day to Patuxen, by which time the
Dolphin was come in, and got sight of the master's certificate, Lord
Baltimore, as is frequently the habit of him and his officers, having
granted it to him again, by which means I believe that they often
make 'them serve for the next year. Finding him bound for
Ireland I told him that by the law for securing the plantation
trade he must still pay the plantation duty, notwithstanding the
bond that he had given in England. He told me that he would go
on shore with me and give satisfaction, but goes instead to Lord
Baltimore, who presently orders him to sail for his lading port, and
as I hear has promised to defend him and save him harmless.
Finding that he had thus dodged me and was gone I went to wait
on Lord Baltimore about it, showed him that the duty was due,
and begged for his assistance. He seemed teased and angry that I
concerned myself with them, refused me all assistance, and told me
I should not meddle with them. I waited on him three several
times, and argued all points on the matter, but nothing would
induce him to assist me. At last he ordered me to appear before
the Council at St. Mary's, which I accordingly did, and then I
prayed in the King's name for the aid of the province to levy the
King's duty or seize the goods, for I was satisfied that by the law
it was due. They absolutely refused it, and told me that I ought
not to meddle with it, for I had nothing to do with it. These four
ships will carry from eighteen hundred to two thousand hogsheads
of tobacco at least, worth at least 2,500. in the plantation duty.
We are hindered in several other matters, and in general in the
due execution of our duty, and particularly in my own office. I
find therein business enough to be done and matter enough to
go upon, if I had full authority to act without interruption as in
AMERICA AND WEST INDIES. 59
1681,
England. Although several persons have despised and laid down
the employment, yet I find that with authority and good manage-
ment it may be made a good employment. The main impediment
has been the discountenance of the Government, which, particularly
in the present great affair, has greatly daunted me. I was
encouraged to come here by my knowledge of the capabilities of
the office, but, now that the Act is expired, this is wholly cut off
by the Governor, so that I have nothing to do but to wait on you
for remedy. There are more things out of order here than I can
express. I hope you will find me a remedy for the loss that I thus
sustain at the Governor's hands, for I had spent my all in the
expense of waiting on you and coming hither ; and to be thus
overborne is most grievous. I understand that Lord Baltimore's
three sons-in-law and our Secretary are the chief actors, and are
most interested in the freights of these ships ; and that the ships
stayed so late on purpose to bring such certificates with them,
hoping that the matter would pass unnoticed. Copy. 2| pp.
Endorsed. "Read 10 Dec. 1681." [Col. Papers, Vol. XLVI.,
No. 150, and Col Entry BL, Vol. LI I., pp. 57-61.]
May 28. 121. The Lords Proprietors of Carolina signed a commission to
Sir Peter Colleton's brother, Thomas Colleton, to be a landgrave of
Carolina, by their nomination. Memorandum. [Col. Entry Bk.,
Vol. XX., p. 172.]
May 30. 122. Edward Randolph to Lords of Trade and Plantations. In
the matter of instructions to regulate judicial proceedings and to
check the illegal trade of the Bostoners, I propose that the
Attorney-General should give his opinion on the following
queries: 1. Whether seizures made of ships and cargoes illegally
imported into New England, brought to a trial and cleared byjury,
upon appeal in Court to the King in Council cannot be brought to
a new trial on the spot ? What directions are necessary to procure
the same ? How should juries be dealt with who in trials relating
to the King's affairs bring verdicts contrary to evidence and the
letter of the law ? 2. Whether the order made by the Court at
Boston on 1st October 1680, requiring the payment of ten pounds for
calling a special Court, be valid, and should be paid by the King's
officers in causes relating to the King's affairs, and whether the
several sums of money already paid by virtue of that order, as also
all costs and damages given against the King, and fines arbitrarily
imposed on the King's officer, should not be repaid ; and if
repayment be refused how are they to be recovered ? 3. Whether
the Government of Boston has the right to receive fines and
forfeitures paid on breach of the Acts of Trade and Navigation ; and
whether such fines ought not to be paid by the King ? 4. Whether
the Government of Boston has power to impose customs and other
imposts on English built shipping, and^on commodities which have
paid the King's duties in England, Wales, &c., and on goods
imported from the King's foreign plantations where these duties are
directed by law to be paid ? 5. Has the Boston Government power
60 COLONIAL PAPERS.
r 1681,
to lay a duty upon live stock brought to market in Boston from the
neighbouring Colonies, and to levy taxes on the lands, estates and
persons of the King's subjects as often and in what manner they
please, without the King's consent ? 1 p. Signed.
On the opposite page. The Attorney- General's answers to these
queries :
1. Where a verdict is given upon an information upon a seizure
or other penal law, no appeal lies ; and it is rarely that a new trial
is awarded unless some miscarriage be proved upon the defendants
by tampering with the jury, or the Court be satisfied that the
verdict was given against plain and direct evidence, and against
the direction of the Court. 2. In my opinion the order of 1st
October 1680 is against law, as well as all orders to the King to pay
costs ; also that they may be appealed from to the King and Council,
who may order the money unduly levied to be repaid. 3. The
Company is not entitled to the fines and forfeitures ; one moiety of
them goes to the King and one to the informer ; the Company is
accountable to the King for what they have received of him, and it
should be directed to pay the King's moiety to the King's Receiver.
4. In my opinion the Company has no power by its charter to lay
any impost upon any not free of the Company, nor upon any ships
or goods coming from other Colonies. 5. I find no power in the
Charter to impose such taxes, specially upon those not free of the
Company. Holograph. Signed, R. Sawyer. 30th May 1681.
p. Endorsed. [Col Papers, Vol. XLVL, No. 151, and Col.
Entry Bk., Vol. LXL, pp. 120, 121.]
May 30. 123. Governor Sir Richard Dutton to Sir Leoline Jenkins.
Barbados. Since assuming the Government I have been zealously endeavouring
to carry out my instructions. I began very early to regulate God's
house and worship, which had been but too much neglected by
former governors, which made the people schismatical, factious, and
consequently disobedient to authority. There were very few
persons in most parishes that received the sacrament once a year,
and there are more that never received it in their lives. This I
hope to reform, having ordered the sacrament to be administered
monthly in every parish church, of which I have already found the
effect to be good, not only through the command but through my
own example. I have also held a visitation to enquire after the
ordinations and presentations of the clergy and all public school-
masters, to see that they were conformable with the discipline of
the Church of England and that they instructed the children in the
catechism. These two enquiries have caused great surprise. One
who pretended himself to be a clergyman, who had been tolerated
by the Government for four and twenty years, who was actually in
possession of two livings, administered both the sacraments, married
all that came to him, and was vicious in the whole course of his
life this man confessed that he had never been ordained. Yet
though this clergyman be a man of all these ill circumstances, my
predecessor, Sir Jonathan Atkins, is offended that 1 should suspend
so infamous a person, I am sorry that I must so describe him, but
AMERICA AND WEST INDIES. 61
1681,
there is so much to his shame that I use the word truly. And that
you may better understand the temper of the people whom this
man had so long influenced upon my suspension of him one of the
parishes called a vestry and resolved to steal him off this island, and
this in violation of a fundamental law of the island which provides
that all who intend to leave it must register their names at the
Secretary's office, and that captains of ships must give a bond of
1,000. that they will receive no passengers that are not so
registered. Yet, notwithstanding this, they gave the captain
counter-security to indemnify him (in case hia bond were put in suit)
if he would carry this fellow to England, and moreover gave him
credit in England for 500Z. not doubting but that sum would
prevail with any bishop to give him ordination. I wrote the whole
affair to the Bishop of London, and I hope he will take care that no
such vile person be admitted to holy orders. He has married so
many persons, the legitimacy of whose children will be questioned,
that I am solicited to pass a Bill for the confirmation of those
marriages to prevent suits at law. I have been tedious in my
relation of this affair, which I have also transmitted to the Bishop
of London lest any surprise should be attempted, and I should
be discouraged from the prosecution of such vermin. When this
was done I called an Assembly, to whom I communicated the
King's gracious act in commuting the four-and-a-half per cent,
duty, which was seemingly received with all expressions of
gratitude. But since that time (whether they cannot find another
fund or that they care not for the King's offer because it is
favourably made, I know not) they have taken no step to provide
for the equivalent revenue to the King. I have passed only two
Bills, the one for the building and repair of fortifications, the other
for a quick recovery of arrears of taxes due under a former Act.
They have since sent me a bill of habeas corpus, to follow the method
of our English Parliament ; which I think will not come so far as to
have my assent or dissent, the Council being resolved to take the
refusal of it upon itself. However, by the grace of God, I shall
never give my consent to lessen the King's authority in any kind,
to gain all the treasures of the Indies ; for I find they intend to lay
this as a snare either to throw me upon the King's just displeasure
or to make it a cause of quarrel with me, so as to give me no present
as they usually did to all their governors. I do not fear the latter,
for I know I have a good master who will not suffer me to be
totally ruined after forty years in the service of the Crown ; but I
must be ruined unless he be pleased to think of some way of
augmenting my salary, this place being very expensive in every
way. I have not yet received one penny from the King or this
country, and am already out of purse over 3,500, being resolved
not to appear but with honour in the King's service. I am very
uneasy that it is not in my power to prevent the dispersing of
cursed pamphlets and libels which are sent from England in great
numbers and influence people whether well or ill disposed.
The Assembly are to meet again Tuesday sennight. They
intended to settle the excise on liquors for a year for the payment
62 COLONIAL PAPERS.
1681.
of their debts, but that intention was obstructed two years ago by
some from England that loved neither the King nor this country.
It was upon a quarrel with Sir Jonathan Atkins, on the pretence
that the King intended to lay his hand upon it as soon as passed,
and divert it like the four-and-a-half per cent, and give it to Lady
Portsmouth. The same falsity is now revived and, I may say it
confidently, in part by Sir Jonathan Atkins, who has privately
insinuated it into the heads of some of the Assembly, to the great
dishonour of the King, and the lessening of my reputation with the
people. On their meeting therefore I shall pawn all my credit (as
I may justly do) with them, to convince them of the malice of the
report which formerly brought such inconveniences in the Island.
I am unwilling to do anything that may seem harsh to one who so
lately preceded me in this Government, but should he pursue his
peevish humour I shall stop him in his career. There are two
things more which I must ask you to recommend to the King.
One is the settlement of an exchequer here, for want of which the
roy&l authority is much contemned. No man values the forfeiture
of a recognisance nor any fine that is imposed on him. The other
is to have an Attorney- General, with a competerit salary out of
these fines and forfeitures. I would recommend for that employment
Mr. Richard Seawell, who is one of the best lawyers here and a
loyal man, and would, I am confident, endeavour to further the
King's interests. These two things done, I doubt not in a little
time to bring the people to a better temper. I have now reduced
the judges and all the pretenders to the law to wear gowns to
distinguish them from other men ; for till now the lawyers came
to bar with their swords by their sides, as if they went thither not
to beg but to defy justice. Their pleadings, which were nothing
but confusion, are now as orderly as Westminster Hall. I am now
reducing the militia to greater usefulness and efficiency. The
Quakers are very numerous and insolent, but I shall find an
expedient to humble them, or make them conform to the law better
than yours in England. Still I will have the law of God and the
law of my men on my side, and being sure of them I shall not fear
to punish those that disobey "them. I shall by next opportunity
send the Acts that I have passed, and an account of the militia and
of the whole Government. This will be in about a month's time.
Meanwhile please give leave to Mr. Chaplain, my agent, to address
himself to you with a petition of mine to the King. 5 pp. [Got.
Entry Bk, Vol. VII., pp. 67-72.]
May 31. 124. The President and Council of New Hampshire to the King.
Portsmouth, We have received from Mr. Mason your orders to report to you
!N 7 ew Hampshire. our curren t transactions. On the arrival of Mr. Mason and
Mr. Chamberlain we at once in obedience to your orders admitted
the one as member of Council and the other as Secretary. Since
then John Cutt is dead, and Richard Walderne is Governor in his
stead, with Elias Stileman for deputy. We have also framed laws
not repugnant to the law of England, and as far as we can make
them so, identical and consonant with thin. We doubt not but
AMERICA AND WEST INDIES. 63
1081.
that when confirmed by you they will attain the great ends of
keeping the people in a right understanding of a submission to
your Majesty's authority, of suppressing vice and encouraging
virtue. Our great difficulty now is Mr. Mason's pretension to
proprietorship of the lands which we possess. He has some
countenance to his claim in your commission, which we cannot
but think he has gotten by indirect means, and untrue information,
in which he abounds. We are informed that he has no authentic
original gr duplicate of any part of the soil, nor has obeyed the
conditions of such grant, if made to him, viz., the peopling of the
place, and enlargement of your dominions, both of which have
been vigorously intended by the present inhabitants. The vast
expense of estate is mostly if not entirely pretence. A house was
hired in this province, but most of the money was spent in Maine,
on the other side of the river, and for carrying on an Indian trade
in Laconia, in all of which his grandfather was but a partner.
Yet he would appear among us as sole proprietor. He says
that we have no right but what is derived from Massachusetts in
virtue of an imaginary line. This is another of his groundless
imaginations, for we were possessed of the soil long before
Massachusetts meddled with us ; indeed, we invited Massachusetts
to govern us when we had learned by our combination to prevent the
confusion of anarchy. We could not govern ourselves, and being
under their government used their system of allotting lands, but
never thought of deriving any propriety from them in these lands
which under you and your royal predecessors were accounted our own.
Our articles with Massachusetts will show on what terms we stood
in respect of our lands. Instead of the final expulsion by
Massachusetts, alleged by Mr. Mason, we can plentifully prove that
the undertaking was slighted, and the whole place deserted both
by Captain John Mason and his agents many years before
Massachusetts was concerned therein. Mr. Mason's behaviour
while among us has not been dissonant from the false information
given by him against us, but rather such as you will judge to be
very unbecoming to his place and pretensions. Thus he amuses
poor people by threats, and insinuates into them by fair promises and
by false intimations against the Council. He imperiously requires
the Council as proprietor to attend his pleasure, speaking and
behaving contemptuously towards them, a ready way to lower
your royal authority by which the Council acts. He collects
several names, some of which are under age, some servants and
apprentices, and some disclaim any assent thereto, by which he
thinks to make a great show elsewhere. But the truth is that all
the names he has obtained, excepting some few that were
frightened and deluded into they knew not what, are of people of
a quality little creditable to them or to him. To these he has
granted sundry improved lands and pastures where our timber
and firewood grow, without which there is no possibility for our
subsistence. He refuses to admit any application to the Council.
He has also called in strangers, and promises to dispose of our lands
to them, to the great prejudice of old settlers. He also tells us
G4 COLONIAL PAPERS.
1681.
and the people' that unless we comply he will return forthwith
to England and assume the Government of the place long ago
granted to his ancestors but lately graciously surrendered to you,
choose his own Council, and do as he thinks fit. However, we
know by your commission that no such government was ever
granted. The inhabitants, seeing the coming evil, petitioned the
Council to interpose between Mr. Mason and them. They complain
sadly of the disturbance they have met with from him, and
dread its consequences. Indeed, we have been obliged to issue a
declaration for the keeping of the peace, lest further mischief
should follow. They have been put to vast expense of time and
trouble ; they see the impossibility of living if Mr. Mason prevail,
and that they will be constrained to move to some other place
where they can hope to be delivered from such impositions. And
this after they have worn themselves out with hard work to get a
poor living, and after expending their estates upon a wilderness.
It would be a wilderness still for all that Mr. Mason has done
towards improving it. The subscribers to this petition are the
generality of the whole province, of any principles, port or estate.
Many of those whose names Mr. Mason set down in his book have
voluntarily signed the petition to Council. And, such is the
affecting cry of your poor distressed subjects, they tell us that
their only hope under God is in your goodness, mercy and equity,
and they crave leave to speak for themselves, not doubting but they
shall be found loyal subjects and lawful proprietors of the land
which they possess. Since } T ou did not absolutely command us to
own Mr. Mason as proprietor we hope we shall not be counted as
offenders for our slowness to become tenants to any subject, a thing
which bears so ill among us in this vast wilderness, whither our
fathers transported themselves in hopes of better things. And
since we have your command to interpose between Mr. Mason and
the people, we give our opinion that Mr. Mason has rendered
that command impracticable. Unless a case can be agitated and
debated by the people concerned, it cannot be stated, nor opinion
given of it. But this Mr. Mason utterly declines, though we have
often offered it. His only answer was that he was not concerned
with Councils, towns or societies of men, but with every man
individually. We crave pardon for any undue rudeness or
prolixity. Signed, Richard Walderne, Elias Stileman, Richard
Martyn, Wm. Vaughan, Tho. Daniel, John Gillman, Christopher
Hussey, Samuel Dalton, Job Clements. One closely written sheet.
Endorsed, "Reed. 20 Sept. 1681. Read 10 Nov. 1681." [Col
Papers, Vol. XLVL, No. 152, and Col Entry Bk,, Vol. LXVIL,
pp. 22-29.]
May. 125. " Considerations about Sir Thomas Lynch, his commanding
in Jamaica." If he have a commission as the King's Lieutenant-
Governor it must be separate and independent without relation to
any chief Governor, or lie will be rendered incapable of serving
His Majesty. If he have a Lieutenant-Governor's commission, and
in that commission my Lord Carlisle be declared to exist, he will
AMERICA AND WEST INDIES. 65
1681,
then be more my Lord's Lieutenant-Governor than the present
Lieutenant-Governor, and cannot, whilst such a commission is im-
pending, settle the affairs of the Colony, for the following reasons :
(1.) If the excesses and irregularities which have been committed
under this commission give the subject and Spaniard cause of com-
plaint, it may be needful to change it. (2.) Whosoever is sent as
my Lord's Lieutenant-Governor must receive his orders, and coun-
tenance his dependents, though blameable, or his Lordship will be
as much disobliged as if the title and government were immediately
taken from him. (3.) Whilst there is a commission in being, it is
impossible to have power or credit to do anything there, as was
experimented by Colonel Jeffreys in Virginia (see previous volume,
preface), and by Sir Thomas Lynch the last year of his govern-
ment [1675]. (4.) If my Lord has credit to keep the government
after all that has been or may be said, his power here and favours
there will make it ruinous to a Lieutenant-Governor that gives
him not account and profit from the Government. (5.) A Lieu-
tenant-Governor cannot go hence but the expense of his equipage
forward and backward will amount to above 3,000. If His
Majesty therefore be desirous of sending a Lieutenant-Governor
there is a necessity of giving him some advance, and the same
salaries as the present Lieutenant-Governor has had ; for a Lieu-
tenant-Governor will get no salary there, it being writ from thence
that they will settle no revenue until they know their Governor,
and they will never fix it while they apprehend it may be remitted
to Governors here. Unsigned. 2 pp. Endorsed with date,
May '81. [Col Papers, Vol. XLVL, No. 153.]
June 3. 126. The Secretary of Massachusetts to Sir Leoline Jenkins.
Boston. We humbly acknowledge the King's letter of 30th September
1680, giving us a further opportunity to attend him ; and lest we
should seem ungrateful we trouble you with the following account
of ourselves. On the receipt of the said letter, although through
the extremity of the cold and snow it was difficult for the Freemen
to assemble, the Governor summoned a General Court. It met on
4th January, and heard the King's letter read. We first considered
the choice of Agents, that they might have timely notice to prepare
themselves to embark at the first opportunity. We considered
their instructions, and we carefully perused the laws to which the
King's Attorney and Solicitor-General had taken exception, and
have made great progress to a conclusion. We also published the
King's orders to our villages on the south of the Merrimac.
Mr. Mason pretends to some part thereof, but neither we nor the
inhabitants know his boundaries. We trust that this will suffice
with the King to silence the clamour and groundless pretences of
this complainant. " But so it is, Right Honourable, that we cannot
prevail with persons in any degree qualified [to act as Agents] to
undertake such a voyage at this time." We have made choice of
several men but received the consent of none. The present calamity
of others of this country who are slaves in Algiers, one of them
[William Harris] an Agent from one of these Colonies, is a great
y 93366, E
i COLONIAL PAPERS.
1G8J.
discouragement. Harris is not yet ransomed, and we fear that the
ransom for one taken in such a character would be higher than a
poor community, still labouring under the burden of the late
Indian war, could afford. We do not urge this as the cause that
has kept us from our duty, but merely as an inconveniency that
meets us in the discharge thereof. We took not take ourselves to
be released from obligations, nor departed from our resolutions,
but we hope that the foregoing statement, without mentioning
other matters, will not cause our delay in sending Agents to be
reflected on as due to want of loyalty and allegiance in us, which
we humbly profess that we will always bear to His Sacred
Majesty. We hope the more for his pardon herein since we under-
stand is still taken up by the affairs relating to that execrable
Popish plot, which were the chief occasion of his dismission of our
former agents ; so that we have reason to fear that our attendance
at present may be troublesome to His Majesty and unprofitable to
ourselves. "Eight Honourable, we humbly pray that this our
address may be accepted and taken in good part by your Honour,
and that you will be pleased to favour us, His Majesty's most
dutiful and obedient subjects, with a representation of our present
condition herein contained, that we may not incur His Majesty's
displeasure, nor be thought regardless of his commands, whereunto
we have been assembled in General Court, endeavouring to give
evidence of our obedience." Signed, Edward Rawson, for the
Governor and Company. 1 p. Inscribed, " Read Sept. 12, 1681."
[Col Papers, Vol XLVII., No. 1, and Col. Entry Bk., Vol. LXI.,
pp. 127-131.]
June 3. 127. Duplicate of foregoing. Endorsed, " Reed. 30 August
1681." [Col. Papers, Vol. XLVIL, No. 2.]
June 6. 128. Deposition of Mr. Vincent Lowe against Mr. Christopher
Rousby. Some day last April I went to Mr. Rousby's house,
where we fell a talking of affairs in old England. He showed me
several newsbooks which he had lately received from thence, and
after I had perused some of them I told him that I perceived that
the King in all his speeches insisted much on this point ; that the
succession of the Crown should continue in the right line ; and that
the King stuck very close to his brother, the Duke of York.
Rousby answered that so he did. I continued that the King
could not do less than take the Duke of York's part, being his
brother, as his nature obliged him to it. Whereupon Rousby
clapped his hand to his breast and said it was not nature that
caused it ; but he believed that the King was at heart of the same
persuasion as the Duke of York. Afterwards which we were
talking of the Bill in the English Parliament to disable the Duke
of York from inheriting the Crown of England. I told Rousby
that I heard Lord Halifax was much against it ; whereto he
answered that great men were great knaves and turncoats.
Signed, Vincent Lowe. Inscribed, "Sworn to by Mr. Vincent
Lowe this 6th of June ]681 before me, C. Baltemore." 1 p.
AMERICA AND; WEST INDIES. 67
1681,
Endorsed. [Col. Papers, Vol. XLVII., No. 3, and Col. Entry Bh>
Vol. LI I., pp. 53, 54.]
June 7. 129. Lord Baltimore to the Earl of Anglesey. I have already
Maryland, written twice to you about one Christopher Rousby, who I desired
might be removed from his place of collector for the King in
Maryland, he having been a great knave to the King, and as great
a disturber of the trade and peace of my province. I send you
herewith a writing sworn to by one of my Council (see preceding
abstract), by which you will judge to some measure of what ill
principles this Rousby is, and how seditious and wicked he is in
his common discourses, this being the least matter in that kind
that he is guilty of. I dare affirm that he is as great a traitor in
his heart as is this day living. Since Rousby left for England
one Badcock, a surveyor for the King here, came about a fortnight
ago to acquaint me that though some master of vessels from
Poole and Liverpool (who lately arrived in my province) had
brought certificates of bonds to carry away their lading of tobacco
to England and Ireland (for the Act for nine years which excepted
Ireland is now some time since expired), yet such masters were
obliged to pay the penny per pound here before they could be
permitted to clear with my officers. I answered that I was aware
that Ireland was now open, and that since at London, Bristol,
Poole, and Liverpool such bonds were taken by the officers of those
ports (as by certificates produced to me here was evident), I
thought that sufficient for my officers and myself to walk by. I
therefore told Badcock that I would not suffer him to molest any
masters that had such certificates, unless he could affirm that they
were counterfeited, which he durst not affirm. Yet he had the
impudence to tell me before some of my Council that he would
complain to the Commissioners of Customs that I hindered him
from discharging his office. Now I was satisfied that his intention
was only to cheat the merchants concerned in these vessels of as
much money as a penny per pound would come to ; for the King's
duty was secured by the bonds given at Poole and Liverpool,
which Badcock owned to be legally taken, as well as that the
certificates were good. By this you will see what hungry indigent
fellows are appointed to serve the King here, men who would
dishonour the King, cheat his subjects, and drive all the trade out
of my province if they were permitted to act at their will. Let
me beg you to procure that such dissolute fellows shall be removed
from the King's service here, and that the Commissioners of
Customs may be required to appoint some persons of good estates
and lives to serve the King here, for such will be careful to
discharge their trust faithfully, and pay some respect to the
Government they live in. Holograph. 1 p. Addressed to the
Earl of Anglesey, etc., in Drury Lane. Endorsed, " Rec. Oct. 1,
1681, by his Agent in town." [Col. Papers, Vol. XLVII., No. 4,
and Col Entry Bk., Vol. LIL, pp. 46-48.]
June 7. 130. At a Court held at Dover, New Hampshire, 7th June
Btw Hampshire. 1681. Bill of costs of Nehemiah Partridge against Francis
E 2
COLONIAL PAPERS.
1081.
Huckins. Total, II. Is. Copy. Certified by Richard Chamberlain.
Scrap. [Col Papers, Vol. XLVIL, No. 5.]
June 7. 131. Minutes of Council of Barbados. His Excellency approved
Christopher Codrington as Speaker of the Assembly on the sickness
of Richard Guy. The Assembly made its motion respecting the
inhumanity of deferring the holding of General Sessions, to which
his Excellency replied. His Excellency reminded the Assembly of
the King's proposals for commutation of the four-and-a-half per
cent, duty, to which they had given no reply. This entry is found
only in the duplicate copy of the Minutes. [Col. Entry Bk.,
Vol. XL, pp. 403, 404.]
June 7. 132. Journal of Assembly of Barbados. Colonel Richard Guy
being absent through sickness, General Christopher Codrington
was elected Speaker. On the petition of Samuel Hanson, supported
by two witnesses, against John Witham, voted that Richard
Seawell and Richard Pococke take the depositions of the said
witnesses, and Edward Littleton, William Sharpe, Samuel
Husbands, John Davies, and Richard Seawell be a Committee
to examine the petitions of Samuel Hanson, of Ralph Fret well,
of Thomas Pilgrim, of the Attorney of Richard Dawes, and all
other petitions lying before the Assembly, and report on them at
next sitting. Address to the Governor, praying him speedily to
hold a sessions to deliver the prisoners from the common gaol,
where for years past they have lain under great cruelty and
oppression. On the petition of Captain Samuel Norris, gunner of
Hole Fort, ordered that 5,000 Ibs. of Muscovado sugar be paid to
him, and 3,000 Ibs. to John Chilcott, his matross. Voted that
divers expiring Acts be continued, and others revised. Message
received from the Governor, that his Excellency has often declared
his opinion that it is unreasonable and inhuman so long to defer
the holding of a gaol delivery, and will hold a General Sessions
with all convenient speed, as soon as the means of meeting the
expense be provided. Resolved that an answer be prepared
hereunto.
June 8. Bills for continuing and revising expiring Acts advanced. After
debate on the King's proposals for the commutation of the four-
and-a-half per cent, duty, the following address to the Governor was
drawn up and presented, in substance as follows ; We are ready
to establish a revenue to the King and his successors for ever upon
imported wines and liquors to the value of 5,0001. a year, which
we humbly conceive is 1,0001. more than the King now receives
for the Island's proportion of the rent now paid into his Treasury
by the farmers of the four-and-a-half per cent. duty. If this
impost falls short of the sum we are ready to make good the
iirrears by a law upon the lands of this Island. The House con-
sidered the Governor's answer respecting the holding of a General
Sessions, and made answer to him as follows : We crave leave to
inform you that the four-and-a-half per cent, duty was granted to
the King to defray the expenses of Government, as was done all
the time of Frances, Lord Willoughby. After his death we confess
AMERICA AND WEST INDIES. 69
1681.
that out of our affection for the King's service and the exigencies
of his affairs, we have been drawn from time to time to defray
several expenses of the Government ; but the charge of the General
Sessions hath not hitherto been put upon us, but has been allowed
by the King, and we have no doubt that His Majesty will continue
to do so. We have reason to believe, also, that taking one time
with another, fines and forfeitures will reimburse the charge. Voted
that the House defer proceeding with the debate of raising an
excise on liquors till next meeting. Bill declaring when the laws
of England shall take effect read a first time. Petition of John
Farmer recommended to the Governor and Council as follows :
We earnestly recommend to you this petition. We knew petitioner's
father well, who was a person of great honour and a true lover of
his King and country, and we should be extremely sorry to see
this family rooted out by the most undue practice ever known in
Barbados. Such judgments as those mentioned in the petition are
very usual in this Island ; they have always taken effect according
to the agreement of the parties, and not otherwise, which good
usage we desire may have no disturbance. As the petitioner so we,
too, rely on your Excellency's justice and honour. Adjourned to
5th July. [Col Entry Bit., Vol. XIII., pp. 432-8.]
June 8. 133. Minutes of Council of Barbados. The Assembly brought
several Bills to revise and continue expiring Acts, also a Bill
declaring when the laws of England shall take effect in this Island.
Order for paying Samuel Norris and the matross of Hole Fort
passed. The Assembly's answer to the Governor's message about
the commutation of the four-and-a-half per cent, (see preceding
abstract). Certificate on page 348 from Edwyn Stede that the fore-
going minutes (from 7th March to 8th June) are a true copy. Dated
14th June 1681. [Col. Entry Bk., Vol. XI., pp. 347, 348.]
Duplicate of the minutes of 7th March to 8th June. [Col. Entry
Bh, Vol. XI., pp. 371-409.]
June 9. 134. Petition of certain inhabitants of Barbados to the
Assembly. Requesting it to represent to Sir Richard Button, as
it had already represented to Sir Jonathan Atkins, the barbarous
inhumanity and subtle conspiracy of the Jewish nation in general
against all Christendom, and particularly against England, which
conspiracy and inhumanity is already began to be regulated by the
removal of Jews from Tangier. The presence of Jews is incon-
sistent with the safety of Barbados ; they have already given, as
there is too much reason to believe, intelligence to her enemies, and
will do the same again. Signed by Jer. Cooke, Robert Draper,
Thomas Morris, John Smith, on behalf of the persons concerned.
Copy. Certified by Edwyn Stede, 9th June 1681. 1 p. Endorsed.
Reed. 10 Aug. 1681 (see No. 57). [Col. Papers, Vol. XLVIl,
No. 6.]
June 10. 135. Return of Imports and Shipping, from 10th March to 10th
Barbados. June 1681, [Col. Entry Bk., Vol. X., Nos. 9, 10.]
70 COLONIAL PAPERS,
1681.
June 11. 136. Sir Richard Button's answers to the heads of enquiry
Barbados, respecting Barbados. (1.) There is only one Council in the Island,
consisting of twelve persons appointed by the King under the Great
Seal of England. The Assembly is called as occasion requires and
consists of twenty-two persons, two for each of the eleven parishes,
chosen by the freeholders. There are five Courts of Judicature or
Common Pleas, each consisting of a Chief Judge and four assistants,
any three of whom may hold a court and try causes. There is also
a Court of King's Bench for the redress of errors or irregularities
in the Common Pleas ; and a High Court of Chancery, held by the
Governor and Council, for equitable causes. (2.) There is no Court
of Admiralty established, only formed as occasion may require.
(3.) The power of making statutes is vested by the Governor's com-
mission in the Governor, Council, and Assembly. (4.) The laws are
such as have been made from time to time. How far the laws of
England are binding is a question under consideration. (5.) The
land forces consist of six regiments of foot, equal with officers to
about six thousand men ; two regiments of horse and a regiment
of guards, equivalent with officers to twelve hundred horse. (6.)
There are twenty forts and batteries, with breastworks between
them. The ordnance mounted therein are demi-cannon, culverin,
demi-culverin, sackers, falcons. (7.) There are no privateers or pirates.
(8.) This being the windwardmost of the islands has little trade
with the others. (9.) We have no correspondence with our neigh-
bours for the same reason. The French forbid the vessels of the
English islands to enter their ports. (10.) The ammunition in the
magazines amounts to about fifteen hundred foot arms, besides those
issued to the regiments, five hundred barrels of powder with match
and ball, and all other necessaries for the great guns. (11.) No money
has ever been appointed by the sovereign out of any branch of his
revenue for military purposes or any other. The cost of arms and
repairing forts is generally defrayed by an excise on imported
liquors, by levies on negroes to come and work, or by taxes on land
or negroes to pay the necessary charge thereof, as from time to time
is found convenient. (12.) The longitude and latitude of the Island
is variously estimated, there being no other admeasurement than
that of Richard Ford, a surveyor, whose description 'is printed and
sold in England. The general estimate of its longitude is about
twenty-eig-ht English miles, its latitude about twelve, and its acreage
about a hundred thousand acres, all of which is granted, settled, and
manured by the inhabitants. There are of men able to bear arms
about ten thousand, and of negroes forty thousand. (13.) There
are four towns for trade, all adjoining the seaside, viz., to wind-
ward, Oistin's town ; six miles thence to leeward, St/Michael's, the
capital ; seven miles to leeward of St. Michael's, Holetown ; and
five miles to leeward of Holetown, is Speightstown. The original
houses were all of timber, but as they decayed or were destroyed
by time, fire, or hurricanes, they were rebuilt with stone or brick
and covered with tiles, slate, or shingles, and built after the English
fashion for commodiousness and decency as well as strength. They
are now general all over the Island, (14.) There are eleven parishes,
AMERICA AND WEST INDIES. 71
1681.
divided into five precincts, each of which has its own Court of
Common Pleas, wherein alone the inhabitants of that precinct can
be sued. (15.) There are no rivers and no harbours, only roadsteads
of varying depth and with rocky bottoms. (1C.) The commodities
produced in the Island are sugar, cotton, and ginger. The value
thereof spent in the Island is difficult to compute ; the value
exported can only be given by the Collectors of the Four-and-a-half
per cent, duty who have excused themselves to your Lordships.
Imports are of all kinds, as may be seen from the quarterly returns,
whence also their value may be estimated. (17.) Some years since
there was an attempt to make saltpetre in the Island, but it only
ruined the undertakers. (18.) The number of men fit to bear arms
is ten thousand. (] 9.) The Island has for many years been so fully
settled as to include none but the King's subjects. The Royal
African Company has imported about two thousand negroes in the
past seven years, which fetched from forty shillings to twenty
pounds a head. Many have been brought also from Madagascar
and by interlopers. (20.) No account is kept of births of negroes
or mulattos, few of them being christened ; and an ill account has
been kept of the Christian children born, for the Quakers and other
sectaries, who are many, do not christen or register the birth of
their children. (21, 22.) The like holds good of marriages and
burials. The Quakers bury their dead in fields and hedges. (23.)
It is difficult here as in any part of the King's dominions to make
any reasonable estimate of the estates of the planters or merchants,
for many who seem to be traders on their own stock are but the
factors of others, and many who seem of considerable value are
worth little. Planters, though their stock is visible in land, building
and negroes, are as difficult to reckon ; many, whose estates appear
great, being encumbered with debts. The best account of the
wealth of the Island is to be taken from the exports and can be
furnished by the Collectors of the Four-and-a-half per cent. duty.
(24.) The shipping that comes to the Island can be best judged from
the quarterly returns. Few vessels belong to the Island except
shallops, though there are some small ships and barks that go to
New England for provisions. (25.) The attempt to settle St. Lucia,
esteemed the best of the Islands under the Government of Barbados,
proved so^fatal in the time of Lords Francis and William Willoughby,
when most of the men that went to settle it died by reason of the
sickliness of the Island, that it has wholly discouraged all people
from attempting the settlement thereof. Nor have any attempted to
settle St. Vincent or Dominica, both for the aforesaid reasons and
because they are particularly infested with Indians. The Duke of
Courland's subjects have recently begun some settlement of Tobago,
but were not strong enough to resist the Indians who, with French
among them as wild and savage as themselves, often assaulted the
late settlers, killed several of them and forced them to desert the
Island. They were brought hither to seek their passage to England
and embarked some time since. (26 and 27.) These queries shall be
answered as occasion offers. (28.) No duty of any kind is paid on
exports except the four-and-a-half per cent, to His Majesty, as by
72 COLONIAL PAPERS.
1681.
Act of this Island, and a certain duty on goods exported to the
other colonies as by Act of the English Parliament. There is not
nor has been for the last eighteen months or two years any duty on
imports. (29.) The king has no revenues in this Island but the
four-and-a-half per cent, which is collected by Mr. Roger Cowley,
and Mr. Richard Grant, officers appointed by the farmers of that
revenue, and the duty raised by Act of Parliament of 25 Charles II.
which is collected b^y Mr. Edwyn Stede, appointed thereto by the
Commissioners of Customs in England. (30.) The true Christian
religion as established by law in England prevails in this Island,
and its service is held in all the churches. The Quakers come next,
not comparable in number to the Anglicans ; but they are often very
rich and have such influence on one another that few die without
bequeathing something to their faction and worship. There is also
a small parcel of Anabaptists, but inconsiderable and dwindling.
There are about two hundred and sixty Jews, men, women, and
children, either born on the Islander made denizens by royal letters
patent. (31.) There is a good church built in every parish, and to every
church a very able and orthodox minister ; ministers are appointed
one pound of Muscovado sugar per acre for their maintenance, but
sugar being now low in price, each parish provides for his main-
tenance to the minister's satisfaction out of the parish levies. Each
parish provides for its poor, so that there are few vagrants and
beggars, though some there are. Signed, Ri. Button. 7^ pp.
Endorsed. Reed. 19 Aug. 1681. [Col. Papers, Vol. XLVII.,
No. 7, and Col. Entry Eh, Vol. VII., pp. 76-84.]
June 13. 137. Sir Henry Morgan to Lords of Trade and Plantations. All
St. Jago de la things here at present have a prosperous aspect, and I am in hopes
that when the Assembly meets again on 24th instant matters will
be quietly carried on. Yet I much fear that the perpetuity of the
Act of Revenue will not be assented to, though I shall leave no
means untried to advance it. I have by me some queries of your
lordships concerning the nature of this place and the constitution of
this Government, to which I shall answer to the best of my ability
by the first ship. I shall also send at the same time the naval officer's
accounts which were omitted through the negligence of my
secretary, Mr. Powell, whom for that and several other incorrect
and unhandsome dealings with me I have by advice of the Council
turned out of that office. Signed. 2 pp. [Col. Papers, Vol.
XLVIL, No. 8.]
June 13. 138. Sir Henry Morgan to [Sir Leoline Jenkins?]. The
St. Jago de la remoteness of this place gives so much opportunity to the tongue
and hand of malice that the greatest innocence cannot be protected
without much care and watchfulness. I suppose you have heard of
the foul dealing I have lately had shown me by one who should
have stood between me and calumny, my Secretary, Mr. Rowland
Powell. To his great shame and the endangering of my reputation
he has without my knowledge or the privity of any of the Council
here made use of my seal and pretended my hand to a proclamation
of his own contriving, to empower the factors of the African
AMERICA AND WEST INDIES,
73
1681.
June 14.
Council
Chamber.
June 14.
Council
Chamber.
June 14.
Barbados.
Company (whereof he is one) and command this country to do
things against interlopers contrary to law. But I hope I have
taken sufficient care to remove that false aspersion at home. I
have for that purpose taken several depositions which clear the
matter and disclose his printed shame, but I did not think myself
secure till with the Council's advice I had removed the dangerous
cause and^employed, instead of Powell, one Barclay for my Secretary.
He is a man of untarnished reputation who has lived here these
many years, has acted as secretary of the Island, been clerk both of
Supreme and Petty Courts, and three times clerk of former
Assemblies without the least blame or suspicion. I speak these
truths about him to prevent calumny, which will doubtless be busy.
I have taken the utmost care to protect the African Company,
maintain its rights and obstruct the coming of interlopers, and I
doubt not that the interloping commerce would fall of itself if the
Company would keep the Island sufficiently supplied with negroes
at the present rates. Powell is responsible for the failure to
transmit the naval officer's accounts. I have little assurance about
carrying the Bill for perpetual revenue. Signed. Endorsed. 2 pp.
[Col. Papers, Vol. XLVII., No. 9.]
139. Journal of Lords of Trade and Plantations. Sir Henry
Morgan's letters of 16th March read, two quarterly letters from
Barbados, and Sir Richard Button's speech to the Assembly of
Barbados (see Nos. 51, 59). [Col Entry Bk., Vol.GVL, pp. 263, 264.]
140. Lords of Trade and Plantations to the King. We have
received several letters and papers dated April last from Barbados,
by which we hear that Sir Richard Button is safely arrived and
that his proposals have been well received by the Assembly. Here
follows a recapitulation of the Assembly's reply to Sir R. Dutton
(ante, No. 59). Signed, Arlington, Clarendon, Craven, Radnor,
Worcester, L. Jenkins. 2| pp. Endorsed. Read in Council
16 June 1681. [Col. Papers, Vol. XLVII., No. 10, and Col. Entry
Bk, Vol. VII., pp. 63,64.]
141. Governor Sir Richard Dutton to Sir Leoline Jenkins. It
is a great misfortune to me at the entrance to my government to
have cause of complaint of the ill administration of my predecessor.
Could I consistently with my duty do so, I should rather extenuate
than aggravate it. The people since my arrival have renewed their
former fears and jealousies (for they have as good a faculty for
creating them here as in England), defaming the King's honour
and justice. This, which is certainly their main design, was
grounded on a letter from England to some of the Assembly, which
was slily and maliciously insinuated into the credulous ears of the
less discerning of that body, and blown up to such a height, that,
when they were upon resolutions for passing an excise upon
liquors (which was the only way they had of raising money for the
Government, as well as the easiest for the people), this letter was
foisted in among them. Its import was that if the impost on
liquors were passed the King would defraud the country of the
74 COLONIAL PAPEKS.
1681,
whole, and its design simply to alienate the people's affections from
the King. The devil which they were possessed withal not being
speedily whipped out of them, seven others worse than the first
have entered into them. They thought monarchy was on its last
legs in England, and I am confident were preparing to set up a
commonwealth here as early as any of the plantations ; and it is
my great unhappiness that I stand here alone to resist such
traitorous designs. The Act was consequently lost, and though
the country is much in debt no provision has been made for
public debts. Nor has provision been made for a common gaol or
house of correction. The malefactors are ready every night to
break gaol, being kept only in a private house ; and, what is the
greatest scandal to a Christian government, there has been no gaol-
delivery for the last three years, for the freeing of the innocent or
the punishment of the guilty, who lie both in a miserable condition.
The principal reason for not holding the grand sessions has been
the great expense, some six or seven hundred pounds sterling,
which must be defrayed either by the King, the Governor, or
the country. How able I am to bear the charge you can easily
judge. I am already 4,000. out of purse, I have not received one
penny from the King, and my allowance is so small that it hardly
allows me bread in this expensive place. The country says that
the King should allow it out of the four-and-a-half per cent, duty,
and the people are or seem so obstinate in this resolution that the
prisoners may run away or starve in gaol unless the King bears
the expense of the sessions. The consequences are very mischievous
to a Governor who depends only on the King and his bounty for
his support. I am unwilling to complain, especially in my own
case, except when forced, but unless the King be not kinder to me
in advancing salary I must be ruined. I can expect nothing from
the people here, who have noised it abroad that I was forbidden
by the King to receive their benevolence on my coming here. The
cause of all these misfortunes to the place and to myself I must
attribute wholly to Sir Jonathan Atkins. At the first he made
but a negligent inquiry into the authors and dispersers of the libel
above referred to for fear of displeasing the people and losing
their benevolence, and for fear that they should extend the same
benevolence to myself, as they have done formerly to other
Governors on their arrival. He had the confidence or malice to tell
me that he did think that the King would lay his hand upon any
money Bill that might be enacted here. I told him that it was an
ill thing of him to say so, and that it would never be attempted.
I presume that a man who will say such a thing to me will
cunningly insinuate it into the heads of others to prevent the
passing of that which he could not obtain, he being aware that
the Assembly is now entering upon new resolves for an excise upon
liquors, having lost at least 10,000?. in the last three years through
their folly in trusting to false news.
Since my arrival one Binckes has produced a Commission under
the Great Seal of England, granted to one Benloes and another
citizen, for no less than four distinct offices, all included in one
AMERICA AND WEST INDIES.
76
1681.
Patent. He produced also a deputation to himself to execute those
offices, and a mandamus from the King for his admission thereto.
You will, I hope, believe that no one will obey the King's
commands more readily than myself, but rinding myself forbidden
by my instructions to allow any deputy to act in more places than
one I hesitate to admit him to more than one. While in this
difficulty I received an information against Binckes for dispersing
among the Assembly men a defamatory report seconding the
libellous letter from England as to the King's intention to lay
hands on the revenue. Upon my examination of him he confessed
that he had done so, on which I thought him very unfit for
employment in the King's service, and discharged him. Sir, you
cannot imagine the great mischief that arises to the King's service,
in that the patentees are not obliged to attend their employment
personally, instead of by deputies. I am very much pressed by
the Agents of the Royal African Company to issue my warrant to
the man-of-war that lies here to seize the interlopers that frequently
come in, but I tell them that I have no instructions empowering
me to do so. When the King gives me such orders, I shall be ready
to execute them. All the power that I now have is, when the
Company have sold their slaves for time to the inhabitants, to see
that they have no delay of justice in obtaining their money according
to contract. It is not my nature to trouble you with tedious letters,
but I had several small particulars to acquaint you withal that I could
not control. Pray pardon it. 4 pp. [Col. .Entry Bk., Vol. VII.,
pp. 72-75.]
142. The Governor land Council of Barbados to Lords of Trade
and Plantations. Transmitting quarterly returns of public affairs
at the Council Board, and of imports. Signed, Hi. Dutton,
Fran. Bond, Richard Howell, John Peers, Edwyn Stede, Thomas
Walrond, Thomas Wardall, John Witham. p. Inscribed, " Rec.
10 Aug. 1681." [Col. Papers, Vol. XLVII., No. 11, and Col.
Entry Bk., Vol. VII., p. 66. Another entry under date llth June,
Col. Entry Bk., Vol. VII., p. 106.]
143. The Secretary of Barbados to Lords of Trade and
Plantations. Transmitting quarterly returns of public affairs at
the Council and in the Secretary's office. Signed, Edwyn Stede.
\ p. Endorsed and inscribed, " Reed. 10 August 1 681." ^ p.
[Col Papers, Vol. XLVII., No. 12, and Col. Entry Bk. t Vol. VII.,
p. 65.]
144. Order of the King in Council. In reference to Sir Henry
Morgan's letter of 16th March reporting that he had respited the
condemned pirates pending the King's pleasure (see No. 51).
Ordered, That Mr. Secretary Jenkins prepare a letter for signature
to Sir Henry Morgan requiring him to cause the said pirates to
be executed. Signed, John Nicholas. Endorsed. [Col. Papers,
Vol. XLVII., No. 13.]
June 16. 145. Copy of above. [Col, Papers, Vol. XL7IL, No. 14.J
June 14.
Barbados.
June 14.
Barbados.
June 16.
Hampton
Court.
76 COLONIAL PAPERS.
1681.
June 20. 146. The Bishop of London to Sir Leoline Jenkins. The bearer
Mr. Hinton is a person that has stuck to the King in the worst of
times, and made an end of his fortune by waiting on him in
Flanders to the loss of four or five thousand pounds, and has
requested no other recompense for his service than the Government
of Newfoundland, for which lie has long fitted himself, to the King's
knowledge. I could not therefore do less than recommend his case
in my absence especially to your care and patronage. One Mr. Coney
stands in competition with him, whose wife is a Papist and has
educated all her children, it is said, in that way. Pray procure the
Lord President's assistance and help the poor man as you think
best. Signed, H. London. Holograph. | p. Seal perfect.
Annexed,
146. i. Petition of William Hinton to the King. Petitioner has
for many years endeavoured the settlement of Newfound-
land at his own great charge, all this being done upon
your Majesty's repeated promises that he should have the
Government in consideration thereof, and of his family's
and his own great sufferings in the royal service. There
are now some who would gladly build their fortunes at
petitioner's cost by obtaining the Government for them-
selves, the prosecution having ceased for some time past
through petitioner's indisposition and his expectation of
further proofs from his agent, William Downing, who died
on the passage to Newfoundland. Petitioner therefore
prays for the Government. 1 p.
146. II. and in. Duplicate and triplicate of foregoing.
146. IV. Memorandum [by William Hinton]. My father was
gentleman of the Privy Chamber to King James and King
Charles, and died in 1669 serving the present King in the
same post, and as Providore of the Robes to the Queen. I
was several years abroad with the King and transacted
business between him and Colonel Popham with success.
I raised a troop of horse in Sir George Booth's business
which cost me seven hundred pounds. I never was
troublesome to the King nor asked him anything but the
Government of Newfoundland, which he always promised
should be mine when established, in which encouragement
I followed the business several years and have spent
thereon in one way or another two or three thousand
pounds. My father was sequestered, decimated, and
plundered of all that he ever was worth by the late
usurpers, losing also large sums which he had advanced
to the late King ; and for years he durst not come home
to his wife and children. Newfoundland approves of
me and has long expected me. I have also, in expecta-
tion of the post, had household goods of all sorts in the
country many years. 1 p.
146. V. Recapitulation of the foregoing in the third person with
slight variations, and the following additions. If the
King disposes of the Government to any one but Hinton he
AMERICA AND WEST INDIES. 77
1681.
will be reduced to extreme want. He has studied New-
foundland and done his best for the King's service and
the trade therein, and believes that no one knows more
about it than he does. Lastly, Hinton's father-in-law,
Mr. James Boeve, of Middleburg in Zeiland, was the
person through whom most of the King's business passed
during his exile, a duty which he fulfilled with integrity
and with expense even to ruin. Yet he never asked reward,
and declared that he would be satisfied if his son-in-law
obtained the Government of Newfoundland. 1 p.
Endorsed by Sir Leoline Jenkins, "Sent me by My
L. of London, 23 June '81." [Col Papers, Vol. XLVII.,
Nos. 15, 15 i.-v.]
June 21. 147. Journal of Lords of Trade and Plantations. Mr. Randolph
Council presents a report from the Attorney-General concerning New
Chamber. g n gi anc l j i n particular concerning the forfeitures due to the King
(see No. 122). Agreed to recommend that the Government of
Boston be required to pay all such fines to His Majesty, with
the other particulars of Mr. Attorney's report, or that upon their
default their charter be questioned by Quo warranto next Hilary
Term. Meanwhile Mr. Randolph is to lodge his appeals against the
proceedings of the Bostoners against him, and the necessary persons
will be summoned.
Mr. Hill is called in and asks leave to transport three hundred
malefactors to the Leeward Islands, two hundred to St. Christophers
and one hundred to Nevis. Agreed to recommend that leave be
granted on his entering into two good securities of five thousand
pounds to carry them to the places aforesaid. [Col. Entry Bk.,
Vol. CVL,pp. 266,267.]
[June 24.] 148. Petition of Mrs. Thoma Roet to the King. Petitioner being
sixteen years old, lawfully married Isaac Roet, vicar of Stansted,
Essex, and by him became the mother of four children. These about
seven years ago he left with petitioner, and went to Barbados
to find a livelihood, in which undertaking he was so blessed that he
had more than 300?. a year, whereof he sent petitioner annually 40?.
which enabled her and the children to live comfortably. But for
four years past he has never sent one quarter, though all means have
been used by the admonition of his diocese and by messages,
letters, and-messengers to entreat maintenance from him. By his
unchristian neglect petitioner is reduced to great poverty and
has been forced to betake herself with her family to the alms
of the parish, although her husband enjoys not only his former
preferments, but the same much augmented. Prays an Order in
Council to compel him to provide for her. Annexed,
148. I. A certificate signed by the vicar, churchwardens, and
sixteen other inhabitants of Stansted that petitioner's
story is true. 1^>. Endorsed on the petition, A minute
requesting Secretary Jenkins upon assurance of the truth
of the certificate to favour the woman so far by a letter to
78 COLONIAL PAPERS.
1681.
the Governor of Barbados, that her husband may either
send for her, or that so much of his perquisites may be
sequestrated as to pay her arrears of 120?. and 40?. per
annum for the future. Endorsed elsewhere with date 24
June 1681. [Col. Papers, Vol. XLV1I., Nos. 16, 16 I.]
June 25. 149. List of Bonds entered into by Masters of ships. A list of
[Barbados.] eight such bonds extending from Cth December 1G80 to 25th June
1681. 1 p. [Col. Papers, Vol. XLVIL, No. 17,]
June 29. 150. Nathaniel Bacon, John Page, and Thomas Thorp to George
Richards. If the Planter's Adventure cannot be sold for our price,
500?., pray apply without delay to Lord Culpeper to procure that
our privileges as Virginian owners may be continued to us so long as
the Planter's Adventure may be fit to go to sea. ^ p. Signed.
[Col Papers, Vol. XLVIL, No. 18.]
June 30. 151. Order of the King in Council. On reading a letter from
Hampton Lord Baltimore, dated 28th April last, setting forth the insolent and
unwarrantable proceedings of Christopher^Rousby, Ordered that the
Lords Commissioners of the Treasury examine the matter and
report. A nnexed,
151. I. Copy of the letter referred to. Lord Baltimore to Lord
Anglesey. I must beg your assistance in moving the
King in Council to remove one Christopher Rousby, a
Collector here ; and that he who is my collector here, may
have a commission for the additional duty of a penny per
pound, who will be able to serve the King and be more
faithful in the discharge of the place. In Virginia the
King's Collectors are the same men that collect the
country's duties, and when I was in England Sir George
Downing moved to have my Collector chosen to serve the
King here ; but as I had recommended this Rousby to the
Commissioners about five years since to succeed me in
that place (for in my father's lifetime I was the King's
Collector here), I persuaded Sir George Downing to permit
Rousby to stay until the Commissioners or I had just
cause to except against him. These two years and more
I have had such cause, and have sent two letters the last
two years to the Commissioners about his removal and the
appointment of the Collector of my own dues, but by
means of this knave, Rousby, my letters have been stopped,
and so never came (as I imagine) to the Commissioners'
hands, for had they come safe to them I should have
received their answers. I now send again, hoping by
your assistance to be relieved from so great an evil, or
rather devil, for so I may term the present Collector to be.
Since my return to Maryland he has carried himself to
several West Country and New England traders with
such pride that many of them have quitted a trade that
they had long had here. He has imposed fees, exacted
AMERICA AND WEST INDIES. 79
1681.
presents, seized and brought several masters into trouble,
notwithstanding that they brought their clearings from
the King's Custom houses in England. And all this to
force them to comply with his unjust demands. He
forewarns masters of vessels to make no entry with my
collector till they have paid their duty, as he terms it, to
himself, nor will he permit any masters to bring their
certificates of bond given in England to my officer, or,
indeed, to me, notwithstanding that the Acts of Trade and
Navigation absolutely command all masters to present
themselves to the Governor within twenty-four hours of
their arrival in any Government, and require them further
to give the Governor a.n account of their ship, its crew
and cargo. And if the Governor, who is bound by heavy
penalties under the Act to require these duties of masters,
neglects to do so he forfeits a thousand pounds and is
incapable of further office and employment. I being
proprietor here may be looked upon as Governor while I
arn resident in person, and I am therefore in danger of
being brought into trouble by the unwarrantable
proceedings of this insolent and knavish collector who
presumes daily to pose me and my Government with
instructions which he pretends to have received from his
masters the Commissioners. Herein, he abuses them, as
he has greatly injured several masters that have traded
here, and is become so insolent in his carriage to me and
my Government that I am forced to ask you to obtain his
speedy removal ; otherwise I must certainly expect that
all dealers and traders will leave my province to my own
great detriment, and the diminution of the King's revenue.
For if masters of ships are thus discouraged by the
knavery and insolence of a collector, much tobacco will be
left in the province ; and the inhabitants may be brought
to mutiny when they see ships and supplies leave them
by reason of an idle officer whose daily boast is that he
cares not how much he injure the King and his subjects
if he can do but make his fortune. When my officers by
my order have called him to account for exacting fees for
entry or clearance of vessels, which are only due to my
own officers, he has had the insolence to send me answers
to this effect. Moreover, besides this knavery in his
transactions with the shipping, he is the most lewd,
debauched, swearing and profane fellow in the whole
Government, find, indeed, not fit to be admitted to civil
society. He is a rogue in his heart towards the King, and
is impudent enough to publish hatred of Kingly Govern-
ment aboard all ships; and by his ill example commanders
of London ships are grown to that height of presumption
that treason is become their pregnant discourse both
aboard their .ships and in Rousby's house, where they are
much treated. I shall weary you if I were to attempt to
80 COLONIAL PAPERS.
1681.
enumerate the several knaveries and villanies of this
fellow, and become more troublesome than I am willing to
be. I therefore cease, only begging you to ease my
Government by removing this pernicious person, and that
my collectors may collect the King's dues. I will see that
they perform their office faithfully. Copy. 3 pp.
Endorsed with a reference from the Commissioners of the
Treasury to the Commissioners of Customs, 23rd November
1681. Signed, Henry Guy. [Col. Papers, Vol. XLVIL,
Nos. 19, 19 L, and Col. Entry Bk., Vol. LIT., pp. 65-71.]
June. 152. List of Quarterly Accounts received from Barbados,
7th March to June 1681 :
Orders of Council.
Return of Imports.
Journal of Assembly, 29th March to 8th June 1681.
Acts of Barbados, 9th June 1681, passed the Seal, viz.,
Act to continue and revise divers Acts, 8th June 1681.
Act to confirm the lease of Fontabelle to Sir B. Dutton,
18th May 1681.
Act appointing a Committee of Public Accounts, 18th May
1681.
Act to supply further labourers for the fortifications.
Bills received from Clerk of Assembly, 9th April to 8th June
1681,
An Act to appoint a writ of habeas corpus. Not passed.
An Act explaning the Act for Establishing Courts of Common
Pleas. Not passed.
Act declaring when the laws of England shall take effect.
Act for securing possession of slaves. Not passed.
(Several letters enumerated which are abstracted under their
dates.) [Col. Entry Bk, Vol. VII., pp. 57, 58.]
June. 153. " Form of a condition of transportation." Rough draft of a
clause of agreement, with many corrections. Latin. Scrap.
Inscribed as above, with date June 1681. This probably refers to
the transportation of malefactors to the Leeivard Islands. [Col.
Papers, Vol. XLVIL, No. 20.]
July 1. 154. Minutes of Proceedings of Lords Proprietors of Carolina.
Thanet Agreed that a commission be issued to [blank] empowering them
House. ^ en q U } re i n to the King's business for the recovery of arrears
(see previous Vol. Nos. 1343, 1606). Sir R. Temple to furnish
the names. Agreed that whatever Act of oblivion be passed
the duty due to the King and the damages to his collectors and
deputies be excepted. [This refers to the rebellion of 1677, for
^uhich see previous volume, Index, sub voce, Carolina.]
Captain Henry Wilkinson to be cacique on account of lands, and
registrar of births and burials. Letter to be written to Ashley
river about the whale fishery, excepting whales cast up dead. The
boundaries to be adjusted. , Lord Culpeper to sign Governor
AMERICA AND WEST INDIES. 81
1681.
Wilkinson's Patent. Wilkinson's instructions to include a clause
directing him to send home an amended map. ^ p. [Col. Entry
BL, Vol. XX., p. 173.]
July 1. 155. Proceedings of the Court of Assizes of New York at the
trial of Captain Dyre as a false traitor to the King ; the treason
consisting of establishing and imposing unlawful Customs on
goods, compelling people to pay them and using soldiers to main-
tain him therein. 2 pp. Copy, certified by Robert Vicars. [Col.
Papers, Vol. XLVII., No. 21.]
July 1. 156. John West, Clerk of Assizes, to [Sir Leoline Jenkins],
Reporting that William Dyre was brought up for trial on that day,
and questioned the authority of the Court to try him. Whereupon
the Court decided to send him home to be tried there. 1 p. [Col.
Papers, Vol. XLVII., No. 22.] This and foregoing document are
printed in New York Documents, Vol. III., pp. 287-9.
July 1. 157. The Clerk of the Assembly of Barbados to Lords of Trade
Barbados. an d Plantations. His long silence has been due to the fact that
there was no Assembly for five months. Sends account of transac-
tion since Sir Richard Button's arrival. Signed, John Higinbotham.
Endorsed and inscribed, 1 ' Reed. 13 Sept. 1681." | p. [Col. Papers,
Vol. XLVII., No. 23, and Col. Entry Bh, Vol. VII., p. 66.]
July 2. 158. Sir Henry Morgan to Lords of Trade and Plantations.
St. Jago de la The frigate Norwich happening to be in harbour, the provisions
sent by Knapman and Lockwood for her supply were received by
her Commander, Captain Hey wood, who I doubt not has acknow-
ledged their receipt. We have used the sloop captured from Everson
to accompany the Norwich in cruising after pirates (see No. 16).
She saves the great charge, which we before were at, of a pilot,
sounds the dangerous places and is able to pursue pirates where the
frigate cannot go ; she is useful besides to give information of such
accidents as happen. I lately had some pirates brought in. One
according to his demerits was executed, and one Thomas, a
most notorious villian, who recently took a valuable vessel of
this Island, is taken and under trial. I have sent the frigate to
cruise and have given Captain Hey wood particular charge to look
out for one Laurence, a great and mischievous pirate, who commands
a ship of twenty-eight guns and had two hundred men aboard.
And that the frigate might be the better able to deal with him and
to free him from danger of being worsted or taken, I have put forty
good men with commanders aboard of her, twenty out of the Earl
of Carlisle's company and twenty out of mine own, and have ordered
Captain Heywood to enter them upon his book. I doubt not but
your Honours will allow of this charge, it being necessary for the
King's service and the preservation of the frigate. She has lately
been careened. I will send an account of the charge by next ship.
There are some boatswain's stores here which were formerly sent
for the use of the Success. I beg instructions how they are to be
employed, 2 pp. Copy. [Col Papers, Vol. XLVII., No. 24.]
93366. f
82 COLONIAL PAPERS.
1681.
July 2. 159. Sir Henry Morgan to [Sir Leoline Jenkins ?]. The ship
st. Jago de la that bears this sails so suddenly after the former fleet that I have
ga ' little news. I must, however, acquaint you that I continue with
all my might to repress the insolencies of the privateers and pirates,
who grow numerous and desperate even to the assaulting and taking
to His Majesty's own subjects, ships, and goods. I have sent the
frigate with a sloop to attend her [recapitulates details in previous
abstract]. When any of the pirates are brought to me I use the
utmost severity of the law against them. I have already caused
one to be executed and am about the trial of another. I am like-
wise careful to hinder interlopers for the protection of the Royal
African Company. They have, in pursuance of the royal commands,
sold the negroes of their last ship as 18L a head, which proves a
great help and ease to the country. I send for the Lords of Trade
and Plantations the naval officer's account of goods exported and
imported from 29th September to 25th March last. They should
have been sent before had not my late Secretary, Mr. Powell, mislaid
or lost them. 1^ pp. Signed. Endorsed. Reed. 1 Sept. [Col.
Papers, Vol. XLVII., No. 25.]
160. Acts of Jamaica passed on the 2nd July 1681 :
Act appointing the number of the Assembly (three members each
for St. Catharine's and Port Royal, two for each of the other
parishes). [Col. Entry Bk., Vol. XLIII.,p. 1.]
Act for regulating servants. [Col. Entry Bk., Vol., XLIII.,
p. I.}
Act appointing the price of meat. (Fresh beef or goat fourpence,
mutton sixpence a pound.) [Col. Entry Bk., Vol. XLIII.,
p. 6.]
Act for highways. [Col. Entry Bk., Vol. XLIII., p. 7.]
Act against blasphemy and for preventing disorders in alehouses,
taverns, and victualling houses. [Col. Entry Bk., Vol. XLIII.,
p. 9.]
Act empowering Justices of the Peace to decide differences,
not exceeding forty shillings. [Col. Entry Bk., Vol., XLIII.
p. 11.]
Act for rating liquors sold by retail. [Col. Entry Bk., Vol. XLIII.,
p. 13.]
Act for compensation of Mr. Nicholas Scarlett. [Col. Entry Bk.,
Vol.XLHI.,p. 13.]
Act for restraining and punishing privateers and pirates. [Col.
Entry Bk., Vol. XLIII., p. 14.]
Act for the better ordering of slaves. [Col. Entry Bk., Vol. XLIII.,
p. 18.] [This contains a provision that if any slave, by punish-
ment from the owner for running away shall suffer in life or
limb, no person shall be liable to any law for the same, but if
any through wantonness or cruelty shall kill a slave he or
she shall forfeit twenty pounds to the King and forty pounds
to the owner].
AMERICA AND WEST INDIES. &3
1681,
July 5. 161. Journal of Lords of Trade and Plantations. Several papers
Council concerning New England read, and referred to the Commissioners
amber. ^ Customs and to the Attorney-General for report.
Several laws passed in Virginia read. Their Lordships take
exception to the style of enacting laws as not agreeable to the
commission whereby the Governor passed them. Agreed that the
same power for making laws that has been given to other Governors
be conferred on Lord Culpeper. The title of the Acts to be altered in
future from "By the King with the consent of the General Assembly"
to " By the Governor, Council, and Assembly." The Cohabitation
Act referred to the Commissioners of Customs. The Orders of
Assembly read, wherein their Lordships observe that the Assembly
has made laws to appoint the power of sheriffs and direct the
settling of a parish without the Governor and Council, and has
disposed of moneys which are not in its power.
Sir Thomas Lynch attended. Debate concerning his title. Sir
Thomas saying that he will expect no allowance from the Exchequer
by reason of the title, it was agreed that he be called Captain
General and Governor in Chief. Their Lordships very much
disapprove of certain grants, lately passed under the Great Seal, of
the places of Clerk of the Crown and Peace, and Clerk of the
Market. Sir Thomas Lynch to examine how the offices in Jamaica
are executed, and to report. [Col. Entry Bk., Vol. CVL, pp. 268-
271.]
July 5. 162. William Blathwayt to Lord Vaughan. Transmitting
Article 36 of Lord Carlisle's Instructions, and desiring an account
of what passed in relation thereto during his government of Jamaica,
and his opinion as to what should be done therein. \y>.
Memorandum that a letter to the same effect was sent to Lord
Carlisle.
[Article 36 of the Instructions of 1678 forbids the Governor to
take advantage of any penalties or forfeitures incurred by planters
for not manuring or planting their lands, without the royal
sanction.] . [Col. Entry Bk, Vol. XXIX., p. 482.]
July 5. 163. Minutes of Council of Barbados. The Assembly brought
up two Bills to revive expiring Acts.
July 6. These Bills were passed. Habeas Corpus Bill read a second time
and referred to a committee, consisting of Henry Walrond, John
Witham, Richard Howell, and Edwyn Stede. The Assembly desiring
a conference, the above-named were appointed conferrers for the
Council. The Assembly having brought proposals for commutation
of the four-and-a-half per cent, duty, the same members were
appointed to meet the Committee of the Assembly on the subject.
July 7. The Assembly brought up sundry Bills and orders for concurrence,
whereof two Bills were laid by for consideration. Adjourned to
19th July. [Col Entry BJc., Vol. XL, pp. 411-16.]
July 5. 164. Journal of Assembly of Barbados. The Assembly having
sat three times by adjournment, proceeded according to rule to elect
i COLONIAL PAPERS.
1681.
a Speaker. General Christopher Codrington elected. Bills to
revive and continue expired Acts passed.
July 6. Bills to revive and continue certain Acts sent down by the
Governor and Council, containing alterations from the like Bills
sent up by the House at last sitting. Edward Littleton, Samuel
Husbands, Richard Seawell, James Walwyn, John Davies, and
John Codrington appointed to confer with the Council thereon,
who, returning, informed the House of the amendments desired by
the Council.
July 7. Bills to revive and continue expiring Acts passed. Edward
Littleton, Richard Guy, William Sharp, Richard Seawell, John
Davies, and Samuel Husbands appointed a committee to confer with
the Council about proceeding with the proposals for the commutation
of the four-and-a-half per cent. duty. Ordered by the Governor,
Council, and Assembly, That the magazines of powder be dispersed
into various gentlemen's houses for the better distribution of the
same, and that the gentlemen transport the said powder with all
convenient speed, and that they be reimbursed for their charge
therein. Petition of Charles Binckes recommended to the Governor
(see next abstract). Ordered that John Codrington be added to the
Committee to examine petitions. Adjourned to 19th July. [Got.
Entry Ilk, Vol. XIII. , pp. 440-2.]
[July 7.] 165. Petition of Charles Binckes to the Assembly of Barbados.
Your petitioner was deputed by John Byndloss and Simon Winslow
to fill the places of Chief Clerk, Register and Examiner of the
Chancery Court, they holding the King's patent for the same. The
Governor on receiving the said patent promised to admit petitioner
to the office, but he has since charged your petitioner with raising
discourse that if the excise of the Island were raised it should be
seized by Patent, and therefore excluded him from the office and
declared he should answer the charge in England. Now your
petitioner utterly denies that he said such a thing, but admits that
he heard it and can produce his author. He therefore begs the
Assembly to take his unfavourable position into their consideration,
and to intercede with the Governor to allow him to hold the office,
or, if not, to appoint his deputy thereto, and to allow the charge
against him to be answered here instead of in England. He 3 lastly,
begs the Assembly to signify to the Governor whether or not in
their not raising the excise they were governed by the discourse
attributed to petitioner. 1 p. Endorsed, "The Assembly out of a
sense of the Petitioner's sad condition do humbly recommend him to
your Excellency's favour; and they do firmly believe that the late
Assemblies (of which most persons of this Assembly were members)
were not any way induced by the petitioner to the letting fall and
non-continuance of the excise." Read and passed the Assembly
nem. con. 7th July 1681. Copy. Attested by John Higinbotham,
Clerk of Assembly. Attestation sworn to before Edward Littleton,
10th August 1681. Recorded in Secretary's office, loth August.
Signed, Edwyn Stede. Endorsed. Reed. 31 Oct. 1681. [Col.
Papers, Vol. XLVIL, No. 26.]
AMERICA AND WEST INDIES.
85
1681.
July 10.
Fatuxen.
July 11.
Carlisle.
166. Nicholas Badcock to the Commissioners of Customs. Since
my letter by Captain Groome, I wrote you a second by Captain
Joseph Eaton, giving you an account of the arrival of four ships
(see ante, No. 120). [Recapitulates the story briefly.] On leaving
the Council I said that I thought the law so absolutely on my side
that I was resolved to seize the tobacco, until I was deterred by
their threats, for I was afraid that they would go nigh to hang me
or do some violent act to rne. I therefore desisted and was resolved
to speed for England in Captain Thomas Rogers's ship, which was the
last bound for London, but matters were so orderedby Lord Baltimore
and his Council (as I plainly saw) that Rogers absolutely refused
to carry me, though I had shipped fourteen hogsheads of tobacco
with him to pay my expenses. Being thus absolutely prevented I
beg you to send such speedy orders as will settle this and all other
matters that I have complained of, for everything is out of order.
For the good management of this affair, your directions must be
very high and authoritative, for I perceive that Lord Baltimore and
his Council almost think themselves outside the King's sovereignty.
Nay, I plainly see that nothing is so evil in their eyes as this little
matter of the King's interest, and nothing sounds so ill in their
ears as the bare naming of the King's authority. Some high
proceedings to " fix up the public peace " may admonish and con-
vince them. You will perceive how matters stand by the list of
ships now sent. There appears hardly a certificate of bond given,
and with all iny endeavours I could not get sight above twelve
or sixteen this year among all these ships. The ship St. George
is omitted from the list, but we are fain to get the list as they will
give it, so that I see she is absolutely bound and designed for
Ireland. She is a ship of nine hundred or a thousand hogsheads.
The cocquets that come to my sight are as few in proportion ; Lord
Baltimore returns them to the masters and openly avows it, so I
suppose that they make them serve for many times. He refuses
or neglects to send lists of shipping and makes light of it as if it
were no concern of his, though I have solicited it according to your
instructions. So that as things now stand I cannot tell how much
the King may not be wronged. I doubt not that if all ships
were obliged to clear with us inward before Lord Baltimore cleared
them and permitted them to trade, I should find good cause to seize
many cargoes if not many ships. But owing to my Lord's cajoling
and encouraging masters and captains against us, this is evaded.
If they fawn upon his Lordship, he so prompts them against us that
I can hardly ask them a question but they are ready to fly in my
face. I hope you will find some means of checking the damage and
loss caused by these ships bound to Ireland. 3 pp, [Col. Entry
Bk., Vol. LIL, pp. 61-65.]
167. Earl of Carlisle to Sir Robert Southwell. I have got yours
of the 5th, wherein my opinion is desired concerning the four
hundred thousand acres of land once intended to be reserved as a
royal demesne. When I went to Jamaica my thoughts were much
bent on putting that in practice, but I quickly found that it would
COLONIAL PAPERS.
1681.
prove costly to the King and mischievous to the Island, for it
would cause a great deal of improvable land to be waste. The
King would make no profit except by the same methods as the
planters, by laying out first a great deal of money for servants,
negroes, cattle, horses, buildings, and other necessaries. The ordinary
computation is to lay out about 5,OOOZ. to raise a plantation that
may yield 1,0001. per annum, and a thousand acres is a competent
proportion of land to accommodate such an estate. No one man has
yet enclosed, much less improved, such a proportion, though several
have taken up great quantities in the most convenient parts of the
Island, which is a damage for the King and the public and no good
to themselves at present. If a thousand acres were allotted for the
use of the Governor it might be convenient for him and honourable
for the Government. It might be improved in time by succeeding
Governors and cost the King nothing. But for anything more it
will not turn to account. The King has now about a tenth of the
profits of all sugar works and will never make so much by being
a planter himself. There is no such thing as farming of land as in
England nor cannot be expected in several ages. Pray acquaint the
Lords of the Committee with this. Holograph. 1 p. [Col. Papers,
Vol. XLVIL, No. 27, and Col. Entry Bk., Vol. XXIX., pp. 482,
483.]
168. [William Blathwayt] to Henry Guy. Transmitting the
Act, with the directions followed in the next abstract. [Col. Entry
Bk., Vol. LXXX., p. 403.]
169. Henry Guy to the Commissioners of Customs. By order
of the Lords Commissioners I enclose an Act of Virginia for your
report to the Lords of Trade and Plantations. Your attention is
called in particular to the two clauses concerning the time wherein
the Act is to take place for the landing of goods and the shipping of
tobacco. Some of you will attend the Lords on the 20th instant.
Signed. 1 p. [Col. Papers, Vol. XLVIL, No. 28.]
170. Lords Proprietors of Carolina to Governor and Council of
the North part of Carolina. Hearing that there are many whales
on the coast of Carolina, we direct that, although those fish are by
our constitution reserved to us, the inhabitants of the Province shall
have liberty for seven years from receipt hereof, or from Christmas
next, to take what whales they can for their own use, excepting only
such as are thrown up dead on the coast. Signed, Craven, Albe-
marle, Shaftesbury, Bath (for Lord Carteret), P. Colleton,
J. Archdall. p. \Col.\Entry Bk., Vol. XX., p. 173, and re-copied,
p. 174.]
July 13. 171. Sir Henry Morgan to Lords of Trade and Plantations.
St. Jago de la Recapitulating previous reports as to the temper of the Assembly,
the transmission of the returns of exports and imports, and the
dismissal of Rowland Powell, 1 pp. [Col. Entry Bk., Vol. XXX.,
IP- 41.]
July 12.
July 12.
Treasury
Chamber.
July 13.
London.
AMERICA AND WEST INDIES. 87
1681.
July 14. 172. Sir Henry Morgan to Lords of Trade and Plantations. I
St. Jago dc la enclose the naval officer's accounts [not forthcoming] of imports
and exports from 29th September to 25th March last. The
abstracts of the former half year were lost by my Secretary's
negligence, but shall be sent without fail by next ship, together
with the answers to your Lordships' queries. We are much infested
by pirates who, under the name of privateers, presume even to
plunder and take vessels belonging to this Island. They took one
commanded by Captain Chandeler, who, strangely, afterwards
brought him to this Island in a long boat. [Repeats his measures
for suppressing them, and other particulars of his letter of 2nd July,
No. 158]. Since writing the original, of which this is a copy, the
frigate which I sent to convoy Captain John Crocker's ship and
negroes to Carthagena is returned. He found the fleet there.
The Admiral sent me a packet for the King which I have
committed to the care of Mr. Blathwayt. The pirate whom
Captain Chandeler brought in is found guilty and executed. The
frigate is going out within a few days to cruise and free the coast
from several vagabonds that infest it. Our Assembly still sits and
business goes on currently and without heat. I have gratified them
with some useful Acts for this country in the hope that they may
more readily consent to the King's desires in passing the" revenue.
The suddenness of the ship's departure prevents my sending copies
of the Acts at present ; I shall not fail to send them by first oppor
tunity. 2 pp. Signed. Endorsed. Reed. 2 October 1681. [Col
Papers, Vol. XLVIL, No. 29, and Col. Entry Bk. t Vol. XXX.,
p. 42.]
July 14. 173. Sir Henry Morgan to Sir Leoline Jenkins. A duplicate of
St. Jago de la his letter of 2nd July (No. 159), with a postscript adding particulars
as to the frigates return from Carthagena (see preceding abstract).
The frigate demanded prisoners but found none ; such as were there
before his arrival had been sent to Havanna. The Spanish fleet
is at Carthagena. 2 pp. [Col. Papers, Vol. XLVIL , No. 30, and
Col. Entry Bh, Vol. XXX., pp. 44-46.]
July 15. 174. Journal of Lords of Trade and Plantations. Ordered, That
Sir John Werden be apprised of the Commission preparing for
Sir Thomas Lynch as Governor of Jamaica that he may receive a
Commission of Vice-Admiralty from the Duke of York. Recom-
mended that Sir Thomas transmit a journal of his proceedings in
the Government, and take care that the Secretary and Clerk of
Council transmit there quarterly returns. The Lords also think
that the Assembly may be allowed to pass a law devoting the
Governor's salary during his absence to any other public uses. [Col.
Entry Bk, Vol. CVL, pp. 271,272.]
July 15. 175. [William Blathwayt] to Sir John Werden. The King has
commanded a commission to be issued to Sir Thomas Lynch as
Governor and Commander-in-Chief of Jamaica. I am instructed
to ask you to move the Duke of York to issue to him k 'a Com-
mission of Vice-Admiralty. p. [Col. Entry Bk, Vol. XXIX. ,
p. 483.]
COLONIAL PAPERS.
1681.
July 16,
St. .Tago cle
Yoga,
July 16.
Nevi.
176. Sir Henry Morgan to [Sir Leoline Jenkins]. Yours of
la 2Gth April received by John Sheffield, master of the ship Guanaboa,
together with a letter from the King and two procurations directing
me to pay a sum of money recovered here for the proprietor of the
ship Prince William of Flushing (see ante, No. 76). The pro-
curations specify a greater sum than was effectually recovered, but
whatever it is I will take care that Mr. Hazell, who is appointed
Attorney here for the proprietors, shall have due and speedy justice.
I have sent the naval officer's accounts to 25th March, and shall send
them, in future, quarterly. The Receiver- General has now brought
me his accounts to 18th January last, and I have appointed one to
inspect them. I cannot send them by this opportunity, but shall
send them without fail by the next, with the accounts brought
down to 18th instant, and carefully sworn to by the Receivers to
avoid all suspicion or complaint. I will send such Acts as have
been passed at the same time. I wonder that notwithstanding my
diligence and care I should have been evilly represented to the
King by people who are causelessly prejudiced against me, but I
hope you have too good an opinion of me to believe them. 1| pp.
Signed. [Col. Papers, Vol. XLVIL, No. 31.]
177. Account of goods imported into Nevis from 16th July 1680
to 16th July 1681. A list of seventy ships with their masters, and
a very brief summary of the cargo of each. 5 pp.. [Col. Papers,
Vol. XLVIL, No. 32.]
July 16. 178. Sir J. Werden to Sir E. Andros. I send you a letter to
[Edinburgh. jy[ r _ p e nn, 'open, to be read, sealed and delivered by you (see next
abstract). [Col, Entry Bk., Vol LXX., p. 36.]
July 16. 179. Sir John Werden to William Penn. The Duke showed me
Edinburgh, your letter of 30th June and desires me to reply. You complain
that you had no answer from me, but I really did write all that
seemed necessary for your satisfaction, and had already informed
the Governor of New York of . your patent. As to your renewed
proposal for a conference with him respecting the islands on the
Delaware and Newcastle, the Duke has not yet come to a decision.
The letter for which you ask to the Governor of New York is
already granted. But when you speak of islands in the Delaware,
I must point out that this is quite a new proposal, and that I have
no instructions respecting it. I have always thought that the river
was your eastern boundary, and if words respecting islands have
been added I can say nothing respecting it, nor can I see how such
mention of particulars can include more than the general boundaries.
Printed in New York Documents Vol. III., p. 290. [Col. Entry
Bk, Vol. LXX., pp. 35-36.]
July 19. 180. Lord Baltimore to the Earl of Anglesey. I write to apprise
[Maryland.] you of the present condition of Maryland and Virginia, in relation
to some Northern Indians that have lately come down into both
Colonies and committed outrages and murders in both Governments.
These Northern Indians pretend no design of mischief towards the
AMERICA AND WEST INDIES. 89
1681.
English but tell us they are resolved to destroy all our neighbouring
Indians, whom they have subdued, conquered, and destroyed. I
believe their next design will be against the inhabitants of both
these Colonies, whose stocks of cattle and hogs they have already
made bold with, especially in Virginia, where they destroy hogs
and cattle before the owners' faces. If the English make any
opposition they are immediately fired on by these villains, and in
this way five men and a woman were killed in Maryland a month
since. Upon these disturbances from these heathen rogues some
evil-disposed spirits here have been tampering to stir up the
inhabitants of Maryland and of the north part of Virginia to mutiny.
Having notice of this, and being certainly informed who were the
chief contrivers, I immediately sent orders for the arrest of one
Josias Fendall and John Coode, two rank Baconists (see, for Bacon's
Rebellion, preface of two previous volumes). The first of these was
some twenty years ago my father's Lieutenant-Governor here, but
upon a breach of trust and beginning a' rebellion narrowly escaped
the gallows. Since then and during the time of Bacon's rebellion
it was expected every day that he would have fallen in with him.
Indeed, but for the vigilance and care of one of my lieutenants,
Thomas Notley, now deceased, in suppressing the rebellion here in
Bacon's time, this Fendall had certainly joined with Bacon, and then
Maryland had been embroiled and ruined as Virginia was. The
encouragement that he had to lay the present design was the hope
that on His Majesty meeting his Parliament there would be such
differences as would lead to a civil war ; and then there would be
no established laws in England, and thus he and his crew might
possess themselves of what estates they pleased here and in Virginia.
Fendall has a great influence on and interest in most of the rascals
in the northern parts of Virginia, where he lived for some time
when he was forced to absent himself from Maryland. At that
time I gave notice to Sir Henry Chicheley to set eyes over him,
and I gave the like notice to Colonel Nicholas Spencer of Virginia,
but I fear that the latter, through want either of resolution or of
loyalty, did not prevent the seditious practices of this rebel as he
might. I may the more boldly affirm this, since formerly, and but
a few days before my apprehending this fellow, he had openly
entertained and cherished the rascal in his house. This gives me
cause to be confident that he has encouraged Fendall in his designs
against Maryland, forgetting, or it may be not considering, that a
defection in my government may raise another Bacon in Virginia,
the people there being as ripe and ready for another rebellion as
ever they were ; and I know not but that one of the two that I
have arrested might have served their turn. If the King send not
some loyal active person to command under Sir Henry Chicheley,
. who is now superannuated, very speedily, the Government of
Virginia will be in danger. I pray God that Secretary Spencer be
of so much loyalty as to deserve the trust and dignity now conferred
on him. Could I be but one hour with you I could satisfy you as
to certain matters relating to the King's service which I dare not
commit to paper at this juncture, I beg your pardon for giving
90 COLONIAL PAPERS.
1681,
you this fresh trouble before expiating the rudeness of my former
addresses. My own and my wife's service to the Countess of
Anglesey. Holograph. 2 pp. Endorsed. Rec. Oct. 1, 1C 81.
[Col. Papers, Vol. XLVIL.No. 33, and Col. Entry Bool; Vol. LI I.,
pp. 49-53.]
July 19. 181. Minutes of Council of Barbados. The Bill for declaring
when the laws of England shall take effect referred to the Committee
(see No. 163) on the Habeas Corpus Act. The Assembly brought
up the Bill for commuting arrears into money payments, which was
read thrice and passed. Bill for reviving sundry Acts amended
and returned to the Assembly. Bill for securing possession of
negroes sent to Committee.
July 20. Bill for reviving sundry Acts brought up by the Assembly with
amendments, read thrice and passed. His Excellency reminded
the Speaker of the necessity of doing somewhat for the holding of
General Sessions before the adjournment of the Assembly. The
Assembly brought an order for the payment of 3,000 Ibs. of sugar
to Jane Baynes. Report of the Committee appointed for the
commutation of the four-and-a-half per cent, duty, viz. The country
will give 5,000. for the four-and-a-half per cent, duty for thirty-one
years. They will advance two years' rent without defalcation of
interest, in case the King requires his resident Governor for the
time being to impose such customs on imported liquors as the
Council and Assembly shall from time to time desire ; the
produce of such Excise to be collected by the officers of the Island
and to be paid in the first place to discharge the rent and reimburse
the advance and (if any overplus remain) to such other uses as the
Government shall appoint ; and if the lease [of the farm] cannot be
gained without comprehending the Lee ward Islands, then they will
advance 1,OOOZ., and, more, will lay down 12,000?. The third and
fourth proposals in the Governor's speech referred to a committee
consisting of Henry Walrond, Samuel Newton, and John Witham
for report (see ante No. 59). The ninth proposal referred to
Richard Howell, Edwyn Stede, Thomas Walrond, and Francis Bond
for their report. The Assembly desiring further conference with
the Council about the commutation of the four-and-a-half per cent,
the original committee were appointed conferrers. The conference
led to no result. His Excellency, considering the miserable
condition of "the prisoners, propounded a method for holding a
General Sessions with all possible speed. Reserved for consideration
to-morrow. The Assembly being come, the Speaker acquainted the
Governor that the Assembly can think of no expedient at present
for defraying the cost of a General Sessions.
July 21. The Council considered the settling of the Court of Exchequer.
Ordered, That the publication for holding Grand Sessions on
16th August do issue on the 30th inst. Ordered, That Mr. Hannay
view the old Session House at Mr. Wilson's and treat with him
about the use of it; and that he buy wherewith to hang the
Sessions House and fit it up. [Col. Entry Bk., Vol. XI., pp. 417-
27.]
AMERICA AND WEST INDIES. 91
1681.
July 19, 182. Journal of Assembly of Barbados. Bill for commuting the
arrears of levies into money passed with the amendments of the
Governor and Council. Bill to revive expiring Acts, with like
amendments, passed.
July 20. On petition of Jane Baynes, widow of Richard Baynes, late
gunner of Hole Fort, ordered that John Hallett pay to her 3,000 Ibs.
of muscovado sugar for her maintenance for the year 1680. Ordered,
That James Carter and James Walwyn be added to the Committee
to confer with the Council on the commutation of the four-and-a-
half per cent. duty. [Col. Entry Bk, Vol. XIII., pp. 442-4.]
July 21. 183. Order of the King in Council. Referring the Petition
Hampton O f William Fisher, merchant of Tercera, to Lords of Trade and
Plantations for report. Signed, Phi. Lloyd. 1 p. Annexed,
183. I. The petition referred to. About July 1675 Edmond
Gould, petitioner's factor at Rochelle, shipped in the ship
Phoenix, of London, Leonard Haynes, master, a cargo
worth 12,000?., consigned to Francisco Pinhero at Lisbon,
and Gaspers Ferrary of Madeira, where she was to take
in such goods as she could and return to Rochelle. Haynes,
instead of sailing where he was bid, proceeded straight
to Newfoundland, but being unable there to accomplish
his design of robbing petitioner told the ship's company
that he would take the cargo first to Virginia and then to
Barbados. Arrived at Cherrystone Creek, Virginia, he
conspired with two men to unlade the ship as if consigned
to one of them, and, failing that, wrecked the ship and
conveyed the cargo away under pretence of saving it.
Much of it thus fell into their hands and into the hands
of Colonel Stringer, Colonel Kendall, Colonel Waters,
Major Spencer, Captain Thomas Ball, and others. Some
time after, Sir William Berkeley, the Governor, gave his
warrant for seizing the ship and goods for the proprietors,
seeing she was no wreck ; and about four thousand pounds'
worth of goods was thus secured. Petitioner sent over
an agent in 1676 to see to the matter, who found the goods
so dispersed and among such powerful hands that he could
get no satisfaction and recovered nothing. Prays that
Lord Culpeper may be ordered to examine the matter and
report. Copy. Certified by Philip Lloyd. 2 pp. [Col.
Papers, Vol. XLVII., Nos. 34-34 I., and Col. Entry Bk.,
Vol. LXXXIL, pp. 62, 63.]
July 22. 184. Extract of a letter from Virginia. Thanks for your full
Virginia. an( } f ree advice in your last letter. Your apprehensions of these
people as able to inflict on us unspeakable injuries are just.
Your proposal of contributing to our neighbour Indians whereby
to purchase a peace were well worth considering, could one place
any faith in such people ; but they have shewn so much treachery
on treaties and so openly violated tall articles of peace made with
Indians as soon as resolved on nay, even before all the
COLONIAL PAPEKS.
1681.
ceremonies thereof could be performed, that our neighbour Indians
will put no trust in such treaties. They will say that to treat
with those northern Indians is either to offer themselves as sacrifices
or at least to become their vassals, which they have lately manifested
in Maryland, a place no less infested with them than this. They
daily expect a blow from these Indians, as, indeed, it is feared that
even the extreme parts of this Colony may this fall. A fortnight
since they shewed their insolence by leaving the upper parts of the
river, entering the people's houses and carrying off what they wanted,
killing hogs and cattle, and letting them lie without using any part
of them. By some Indian prisoners lately escaped I am informed from
Maryland that the Indians who commit these spoils and injuries are
some Susquebannas amongst the Senecas, who daily provoke them
to ill acts and are the occasion of the war between Senecas and
other Indians, which the Senecas never used to do. They used always
to march northward and still would, but for the incitement of the
Susquehannas. A Mattawoman Indian, lately escaped, proposed to
the Government of Maryland that for a small satisfaction the Senecas
would deliver up all the Susquehannas to the English, which would be
a ready way to effect their quiet. The only hazard would be the
difficulty of treating with those Indians, so that the Susquehannas
may not know of it and endeavour a flight and then become fiercer
enemies. All the hope is that if the Senecas will be hired to
deliver them up, they will also be hired to destroy them, for so long
as one of that nation lives we cannot expect peace. About a fort-
night hence I intend to wait on Lord Baltimore and encourage
this without charge or hazard of managing the same. In Maryland
Lord Baltimore has apprehensions of troubles from his people.
Captain Fendall and Captain Coode are under restraint, and several
other protestant gentlemen under bail. The reports of the people
are various. Some apprehend ill things without ground. The
protestants are dissatisfied that all the arms of the province should
be placed in the hands of catholics, as also all the commands. Some
seem to hint that restraint was laid on several gentlemen to prevent
their being elected by the people to the next Assembly, which is to
be held in August. If that be the design, it is ill grounded ; for it
so heightens the people's intentions of electing them, that they say
they will force the prison doors, take out their elected members,
and place them in the Assembly house. If a man may judge the
hearts of people by their language, they are set against the Govern-
ment with much bitterness. My opinion is that the Assembly will
meet or not according as Lord Baltimore is well or ill satisfied
with the elections. If he proceeds with rigour he will provoke the
people too highly, but with moderation all may pass over. Other-
wise, there will be ill consequences. There is a troop of horse on
the upper Potomac in constant motion to protect the frontier
inhabitants against the Indians. Last week it refused to march
under their captain, because he was a papist. I have not heard
what is come of it. Thank you for the intimation of the report
Grice(?) should bring from Maryland, that the Nanjatticoe Indians,
to whom I gave a pass to trade in Maryland, as they have done
AMERICA AND WEST INDIES. 93
1685.
annually, should be the murderers of the people killed in Maryland
under Point Look-out. It is altogether impossible. These Indians
delivered up the boat they hired seventy miles from the place on the
day before the murder was committed, of which Lord Baltimore is
well satisfied. It seems very doubtful whether the murder was com-
mitted by Indians, being in a part unfrequented by Indians. All
the murdered persons throats were cut and their bodies stabbed, a
way of killing unknown to our Indians. It has caused many
discourses and affords matter for ungoverned tongues to move over.
One very closely written page. Endorsed, " Extract of letters from
Virginia." Read in Council, 12 July 1681 (sic). Reed, from Colonel
Ludwell. [Col Papers, Vol. XLVIL, No. 35.]
July 25. 185. Extracts from letters to Lord Culpeper from Virginia.
Virginia. 18th June 1681. My chief news to your Lordship is our anxiety
for Maryland, owing to a recent outbreak -of the Indians on the
Potomac and Patuxent rivers. Several people were killed on the
] 5th, by what nation or nations is not known. It is supposed to
be the work of the Nanticokes from the eastern shore across the
bay. The inhabitants in their discontent irrationally attributed
the massacre to the Seneca Indians by the instigation of the Jesuits
in Canada, and by the procurement of Lord Baltimore in order to
cut off most of the protestants of Maryland. They have afflicted
themselves with these wild and gross apprehensions for some time.
Virginia is naturally disturbed, being separated from danger only
by the breadth of the Potomac. Several Indians were lately seen
in this country and Northumberland under the disguise of paint.
Most parts of the country are not without fear of the Indians, who
have lately made unusual preparations for marches, but whether
against the Senecas or the English I cannot say ; but I have reason
to apprehend that they will attack the English while occupied on
all sides with the Seneeas. These last have lately taken the
Occonogee Island, with the King and many of his Indians. All
their neighbours expect an attack from them.
26th July 1681. The present condition of your Lordship 's
Government is peaceable, but the inhabitants of the extreme parts
are in great fear of the Senecas who have inflicted many insolencies
and injuries, robbed the houses, frightened the people, and wantonly
and maliciously killed the stock. Either they wish to provoke the
inhabitants against them or they wish to show by sheer mischief
how little they regard us. The consequences will in either case be
bad. The Senecas are so remote a people that we cannot hope to
reach them at home, while it is equally difficult to find them abroad.
The hazard, too, is great. It is a stout, numerous, rapacious people,
composed of many nations, receiving all sorts of outlying Indians,
and therefore an ungoverned people, with whom no treaty can be
depended on. The old men say that they cannot restrain their
young men. The Susquehannas who escaped the siege of the
Susquehanna fort have joined the Senecas and become their people.
These same Susquehannas are implacable against the English ; and
other neighbouring Indians moved the Senecas to their late raid to
COLONIAL PAPERS.
1681.
[July 26.]
Virginia.
July 26.
K cvis.
the South. We shall be infested with these so long as the Susque-
h annas live among them. The Senecas can be hired to do anything,
and the only expedient that I can suggest is to bribe them to give
up their Susquehannas to a neighbouring tribe to be dealt with after
their manner, or to the English to be transported. There has been
the same trouble with these Indians in Maryland, as well as intestine
dissension. Several of the leading protestants have been in custody
on suspicion of insurrection which they denounce as a feigned
accusation, designed as an excuse to put the papists in arms. The
Assembly meets 1 7th August, and Lord Baltimore intends to submit
the accusations to them. The protestants are doubtful if the
Assembly will meet. If it does, they mean to bring forward their
grievances, one of which is the arrest of some gentlemen in their
own houses at dead of night in time of peace with force of arms and
without warrant shewn. Directly after they were seized, they were
hurried to prison where they still remain. It is supposed that Lord
Baltimore has been too readily persuaded to these harsh proceedings.
I cannot discover the charges. The general pretext of an insurrec-
tion was put forward, but there was little appearance thereof. No
arms or ammunition were found sufficient to defend the families of
the arrested from an attack of Indians. Copies. 2 pp. Endorsed,
" Reed, from my Lord Culpeper, 12 Oct. 1681." Read in Council
same day. [Col. Papers, Vol. XLVIL, No. 36.]
186. The Council and Burgesses of Virginia to the King. The
great quantities of tobacco grown in Maryland and other of your
Majesty's plantations has brought the price so low that without
speedy remedy we cannot much longer subsist. After considering
all ways and means of relief we find none more probable than a
total cessation of planting tobacco in this country, Maryland, and
Carolina during this year. We have entreated Lord Culpeper to
present this address and to represent our distress for want of an
order from you for cessation, and to present you a Bill, not
doubting that you will encourage us to cohabitation by some
immunities, though to the diminution of your own royal treasure.
We beg you therefore to remit the one penny in the pound to all
genuine inhabitants of the towns mentioned, and one halfpenny a
pound to such inhabitants as ship tobacco to England and Wales,
which immunities, granted for seven years, will restore us. And
to the better advance of trade and cohabitation we beg that it may
be lawful for us to enhance twenty-five per cent, upon your
Majesty's and all foreign corn imported hither over and above its
current value, with a prohibition for the exportation thereof.
Sheet. Signed, Nich. Spencer, Secretary of Council, Tho. Ballard,
Speaker. [Col Papers, Vol. XLVIL, No. 37.]
187. Governor Sir William Stapleton to [Sir Leoline Jenkins ?].
My best thanks for some lines from you, and for the King's
declaration concerning Statia. I have sad news to tell you of a
massacre by Indians in Barbuda and an intended design of theirs
on Antigua (see No. 190). If I write no more it is because I
presume that writing to the Lords of the Committee is the same
AMERICA AND WEST INDIES. 96
1681,
as writing to your Honour. Holograph. p. Endorsed. Rec.
23 Sept. 1681. [Col. Papers, Vol. XLVII., No. 38.]
July 26. 188. Governor Sir William Stapleton to Lords of Trade and
Nevis. Plantations. The last orders that I received from you were of
12th March. Although the fault is not mine, I must beg your
pardon for not sending the Acts according to orders. I made two
voyages to Antigua and Moutserrat for no other purpose than to
effect that part of my duty, and found the Acts and accounts
transcribing. I ordered them to be sent after me and they were
promised, but I had to threaten to send some of the officers to
Whitehall to answer their neglect or I should not even now have
obeyed your orders. It is a great trouble to me and to the
Patentee, who cannot be in each of the Islands to act. I have
received the report concerning the Treaty of Neutrality. If it
takes effect in nothing more, can your Lordships oblige the
merchants and planters ? I have put some instruments to sound
the thoughts of the French as to the exchange which I ventured
to suggest of Montserrat for St. Christophers. It being but a
project of my own brain I cannot promise it success, only the
interest that governs most men that have not true principles of
loyalty may bring them to exchange and live under the English
Government which is so sweet and easy. The French pay 120 Ibs.
of sugar, capital rent, to their King per annum for themselves,
servants and slaves, and 4 Ibs. in France for every 100 Ibs. weight
of the produce of their plantations there transported, and we only
pay the 4^ per cent, here and eighteenpence at home. The complaint
made against the ministers is without any cause. Mr. Mollinax
[Molineux] is he that is appointed for Montserrat, who was
called before myself, Deputy Governor, and Council of that Island.
He delivered to us there that he was well used, and if they are not
also it must be their own faults for not making application to me
or the Deputy Governors for redress. Colonel Cotter, who is the
Deputy Governor in that Island, will make it so to appear. Each
minister has sixteen thousand [pounds of sugar] per annum and
two thousand for a clerk, besides the perquisites for marriages,
funeral sermons, and other church dues, and all without any charge
for receiving the same. Because Mr. Heylyn goes home to recover
his health and others are wanting, I have now prayed my Lord of
London to send over four able ministers and not young graduates.
There is an absolute necessity of having a man of parts in
St. Christophers, for that there are not any parish clergy, but
French and Dutch Calvinists and Lutherans, which I suppose to be
no less adversaries to the Church of England, as it is orthodox,
than each is to the other. Whoever goes to St. Christophers may
have two hundred pounds per annum, for we will add two parishes
together that they may live comfortably. I beg your Lordships to
consider the condition of the two companies at St. Christophers,
which on the 7th July last are three years in arrears, as am I also
myself for the salary the King is pleased to allow me and for my
arrears in Sir Tobias Bridge's regiment. I cannot keep red coats
96 COLONIAL PAPERS.
1681.
upon their backs longer nor can they live without victuals. To
disband them, with a revocation of my own commission, would be
more pleasing to me than to see English soldiers starving and
naked and the French ones well accoutred and fed on the opposite
frontier. My credit will not long support them. He that was my
deputy on the Island being dead, I have given the command of
one of the companies to Colonel James Cotter, who has a furlough
for ten months and presents this, the Acts and other papers to you.
One thing more I offer for consideration, to have all the Acts for
the Leeward Islands alike, there being no difference in nature or
constitution. The only exceptions are two Acts, viz., the Acts for
forfeiting and reinvesting the then present proprietors, by reason
of the Freneh conquest with their cannibal and heathen assistants,
which may extend to this Island only. All others, in my humble
judgment, should be the same in the same Government. The Act
for extent of lands and slaves in Antigua has been and ever will
be a hindrance to the thorough settlement of that Island. It was
passed before my time. If there be anything illegal or contrary
to the royal prerogative in these Acts, pray excuse my ignorance.
Postscript. I beg your direction in one matter, whether I may
not apply the 1,5001. granted for the erection of forts in the
Leeward Islands to the building of one fort in our island. Divided
in four it will not pay the labourers' wages for building the face
of the bastion and digging the foundation. Holograph. 2 pp.
Endorsed and inscribed, "Reed. 19 Sept. Eead 11 Oct. 1681."
[Col. Papers, Vol. XLVIL, No. 39, and Col. Entry Bk., Vol. XLVIL,
pp. 16-20.]
July 27. 189. Sir William Stapleton to Lords of Trade and Plantations.
Nevis. Since my letter of yesterday, I have a sad accident to report in
the often reiterated cruelties of the Indians of St. Vincent and
Dominica, who have murdered the people living in Barbuda.
Colonel Cotter has the original letter written by a French gentleman
who gave the information (see next abstract). I understand it to be
true in all but the number of murdered, which is but eight out of
twenty. I have no particulars yet from them, but have sent a boat
to procure them. I do not question the fifty periagos from the main,
St. Vincent and Dominica, which with forty bowmen apiece makes
two thousand men. But I hope it will not be thought an infringe-
ment on the Government of Barbados, if I take every opportunities
to avenge the blood of my fellow subjects upon those heathens, as
it was thought in Sir Jonathan Atkins's time, who might easily have
prevented this by embracing a proposition that I made him to join
in destroying the Indians of St. Vincent, which is near Barbados,
and those of Dominica also. I have often writ concerning these
bloodhounds, as Mons. La Barre called them when he made use of
them in the conquest of Antigua and Montserrat. The hurricane time
hinders my design against them now, but I will first give notice to
Sir Richard Dutton of the massacre and robberies, though they are no
more at his subjection [under his control] than those of Orinoco, not-
withstanding the two Islands are in his Commission. I have received
AMERICA AND WEST INDIES. 97
1681.
the King's orders sent through Sir Leoline Jenkins for unarming
Statia and Saba, also a mandamus sent by the Commissioners of
the Treasury inhibiting the remission of fines and forfeitures. They
shall be obeyed, though the latter may be hard. If for instance a
poor fellow transgresses the Acts of Trade, goes, he and another,
in a canoe, and brings in anything by law forbidden, he has
nothing but his boat to support his wife and children. Or if he is
fined for anything else to the value of fifty or a hundred pounds
of sugar and has nothing but his skin, he must remain in durance
till the King's pleasure is known. All other fines and impositions
by Acts have always been applied to the maintenance of warders
and gunners for erecting and supporting platforms, or to purposes
of Government. Holograph. 2 pp. Inscribed, "Reed. Oct. 17,
1681." [Col. Papers, Vol. XLVIL, No. 40, and Col. Entry Bk.,
Vol. XLVIL, pp. 20-23.]
July 27. 190. Mons. B. Lapoterie to Sir William Stapleton. I beg to
Guadeloupe, inform you that there is a party of fifty Carib periagos from the
Main, St. Vincent and Dominica which has a design for a descent
on Antigua, and that in two months. I know it from themselves,
for I saw them on their return from Barbuda from which they came
loaded with plunder, and where they say they have made a great
massacre. They assured me that their rendezvous was at Dominica.
It is a week since I saw and spoke with them, and I seize this
opportunity, through the good offices of M. de Vigne, to entrust
him with this letter to you. I swear to you as a man of honour
that if I could have found no better conveyance I should have
embarked in a canoe with four negroes, and gone to Antigua
myself to give this warning to M. Jem Koussel [James Russell], your
brother-in-law. The invariable courtesy and civility that I have
received from you leave me still under obligations to you, and when
the opportunity presents itself to me to give you proof of my humble
service, you will find none more zealous than mine. Pray let ine
recommend to you my son, to whom I have no time to write.
French. Holograph. 2pp. Endorsed, "A. letter from a French
gentleman to Sir W, Stapleton." [Col. Papers, Vol. XLVIL.
No. 41.]
July 27. 191. Journal of Lords of Trade and Plantations. Petition of
Royal African Company considered, for permission to export five
thousand weight of crewel to Guinea. It being the Attorney-
General's opinion that it may be exportedas a perfect manufacture,
like thread, and therefore not yarn within the meaning of the Acts
of Parliament, and the opinion of the Commissioners of Customs
that the manufactures of England will not be prejudiced thereby,
agreed to report that leave may be given.
On the unwillingness of the Jamaica Assembly to raise a public
revenue, the Lords will recommend that the offices of Lieutenant and
Major-General be discontinued and the expense saved. [Col. Entry
Bk., Vol. CVI., pp. 272, 273.]
y 9336C. Q
98
COLONIAL PAPERS.
1681.
July 27.
Council
Chamber.
July 27.
July 28.
Whitehall.
July 30.
Virginia.
Aug. 6.
Aug. 6.
Windsor.
192. Lords of Trade and Plantations to the King. Forwarding
Sir Thomas Lynch's commission and instructions for execution,
also the revocation of Sir Henry Morgan's and Sir Francis Watson's
commissions as Lieutenant-General and Major-General. Signed,
Anglesey, Clarendon, Radnor, L. Jenkins. [Gol. Entry Bk.,
Vol. XXX., p. 40.]
193. [William Blathwayt] to Lord Craven. I am directed to
enclose you an extract (see letter of Lords Proprietors of Carolina
post, 20 Dec. 1681) concerning the boundaries of Virginia and South
Carolina, of which province you are Palatine, and to request the
Lords Proprietors to return their answer upon the matter in dispute
to the Lords of Trade and Plantations. Draft. Endorsed, " To
my Lord Craven about Carolina." 1 p. [Col. Papers, Vol. XL VII.,
No. 42.]
194. Order of the King in Council. Recommended; by the
Committee of Trade and Plantations that Sir Thomas Lynch's com-
mission be transmitted to Mr. Secretary Jenkins to be despatched
in the usual form, and that the commissions of Sir Henry Morgan
and Sir Francis Watson be revoked. Report dated 27th July, and
signed, Anglesey, Clarendon, Radnor, and Jenkins. Ordered
accordingly. [Col. Entry Bk., Vol. XXX., p. 40.]
195. Extract from a letter from Virginia. I have little to add
to my letter of 22nd instant (see ante, No. 184). At present,
God be thanked, our affairs are peaceable. The Seneca Indians
are drawn off, but we are not without apprehensions of their
return, and if they return this fall it will be for mischief, though
whether to this county or Maryland I cannot say. By escaped
prisoners we learn that they are dissatisfied with both govern-
ments, and if they should attack we are in an ill condition for
defence, and Maryland in a worse by reason of her intestine
distractions. They are ready in Maryland to break forth into acts
of violence, and I dare publicly say that they wait only to see if
their grievances will be redressed in the Assembly, and that if not
they will give ease to matters themselves. Fendall and Coode
are still in custody ; the charges against them are, I hear, of little
weight, and it is said that they are only secured to prevent them
from sitting in the Assembly. The people threaten to release them
by force. ^ p. Endorsed, " Reed, from Colonel Ludwell and
read in Council 12 Oct. 1681." [Col. Papers, Vol. XLVIL,
No. 43.]
196. Mem. A letter was given to Mr. Richard Banks by the
Lords Proprietors of Carolina desiring the government of the north
part of Carolina to give him a manor of three thousand acres
according to precedent of 26th March (ante, No. 54). [Col. Entry
Bk., Vol. XX., p. 170.]
197. Commission to Sir Thomas Lynch to be Captain-General,
Vice-Admiral, and Governor-in-Chief of Jamaica, This Commission
AMERICA AND WEST INDIES. 99
1681.
gives powers [to appoint and suspend Councillors ; suspended
Councillors to be incapable of holding any public office. Remaining
powers unchanged. Countersigned, L. Jenkins. [Col. Entry J3ks.,
Vol. XXX., pp. 1-18, and Vol. XCIX., pp. 53-63.]
Aug. 9, 198. Minutes of Council of Barbados. Petition of Aaron
Baruch Lanzade, Daniel Bucino, and Jacob Founzeke, on behalf of
the Jews of the Island, praying for enforcement of an Order of
Council of 1675, permitting them the use of the Courts for their
protection as traders and the right to trade. Petition referred to
Assembly, with the recommendation to prepare an Acb to preserve
the Jews' rights to appear in Court ; and meanwhile Ordered, That
the Order of 1675 be enforced.
Aug. 10. Bill to raise money for several public occasions brought up by
the Assembly, read thrice and passed. Bill for defining freeholders
deferred. Orders for paying a sum to the executors of Simon
Lambert, and a quarter's rent to Madam Stanfast, and a sum
to Thomas Cudduging, passed. Petition of Thomas Kirton for
confirmation of land inherited by him granted. [Col. Entry Bk.,
Vol. XL, pp. 427-434.]
Aug. 9. 199. Journal of Assembly of Barbados. Christopher Codrington
being absent through sickness, Edward Littleton was elected
Speaker. Bill to revive an expiring Act received from the Governor
and Council and ordered to be transcribed.
Aug. ] 0. Voted that a present be made by this House to His Excellency
Sir Eichard Dutton. Ordered, That at next sitting a full debate
be held on the levy of an excise on wines and other liquors.
Voted, that a tax for public occasions shall be laid on negroes and
not on land, and ordered that the tax be of ninepence a head, and
that Jews be assessed in proportion. Bill to this effect passed two
readings. Ordered by the Governor, Council, and Assembly, that
John Hallett pay to the executors of Colonel Simon Lambert
24?. 16s. 3d., and 10,249 Ibs. of sugar for money expended by the
said Colonel on the fortifications in Speight's Bay; to Madam
Elizabeth Stanfast 871. 10s. for one quarter's rent of Fontabelle
House ; and to Thomas Cudduging 6,650 Ibs. of muscovado sugar
for cutting of stones for the Leeward fortifications. Adjourned to
^ 4th October. [Col. Entry Bk., Vol. XI2L, pp. 444-447.]
Aug. 9. 200. Lord Culpeper to Lords of Trade and Plantations. I have
perused 'Mr. Randolph's papers, and during my stay at Boston I
heard of most of the matters therein specified. As to the measures
for preventing irregularities in trade I think them necessary, but
not being well versed in the position shall add nothing, except that
all possible encouragement should be given to the King's officer who
is entrusted with so difficult a duty. As to the mint at Boston
I think that, especially as it is managed, it is extremely prejudicial
to all the King's subjects in what place soever, that deal with them.
They call the piece that they coin a shilling, and it is current in all
payments great and small, as, without special contract (in which no
100
COLONIAL PAPERS.
1681.
Aug. 10.
Council
Chamber.
Aug. 16.
Council
Chamber.
Aug. 16.
Council
Chamber.
Aug. 16.
He vis.
one can lose less than ten per cent.), equal with the English shilling ;
and this though it is not so fine in itself and weighs but three
pennyweight against the English four. It is impossible to prevent
the loss by bills of exchange, for they value their bills as they
please and exact six per cent, coinage of all silver brought in their
mint, to say nothing of loss of time. If therefore it be no longer
connived at, it is absolutely necessary that the English shilling be
made current there by law or proclamation at sixteenpence, and so
proportionally, and coinage made more moderate and speedy.
1 pp. Signed. [Col. Papers, Vol. XLVIL, No. 44.]
201. Journal of Lords of Trade and Plantations. Agreed to
recommend that no grants be passed for the future for the quit
rents of Virginia to any person, but that the same be applied
to the support of the Government. [Col Entry Bk., Vol. CVL,
p. 274.]
202. Journal of Lords of Trade and Plantations. On con-
sideratioi{ of the Revenue of Virginia, ordered that a letter be
written to Colonel Norwood requiring him to give an account of
his receipts and management of the Virginian quit rents in 1669 ;
also that the Surveyor-General return surveys of all lands patented
and set out, and of the quit rents payable on them. Lord Culpeper
mentions an address of the Virginian Assembly desiring the auditor's
place to be left to the nomination of the Governor ; but their
Lordships think fit that the patent granted to Mr. Blathwayt of
Surveyor and Auditor General of Revenue in the Colonies be
punctually complied with in Virginia, and that it is best for the
King's service that Mr. Blathwayt's deputy on the spot be appointed
by the Lords of the Treasury according to the patent and the
established practice. [Col. Entry Bk., Vol. CVL, pp. 275, 276.]
203. Lords of Trade and Plantations to the King. We have
considered several papers submitted to us by Lord Culpeper
respecting your Majesty's revenue in Virginia. We recommend
that the Commissioners of the Treasury consider the best means
for bringing the quit rents into your hands according to your
promise to the Assembly ; also that your orders of 30th June 1680
to check abuses in the management and disposal of the revenue in
Virginia be renewed, as they have not yet been obeyed. Report
approved, and instructions given accordingly. [Col. Entry Bk.,
204. Sir William Stapleton to Lords of Trade and Plantations.
My last was of the 27th July (see ante, No. 189), reporting the
murder of the King's subjects at Barbuda, which happened on
4th July last at three in the afternoon. Forty Indians came up to
the house, wherein there were only three men, two women, and
two children. The Indians left the rest of their companions at the
seaside or in bushes. It is reported that they were three hundred
men, or, as I judge, two hundred and forty, in six periagos. As
they came to the house they spied one of the people splitting of
AMERICA AND WEST INDIES. 101
1681,
wood, whom they struck with arrows and left for dead. To those
in the house they pretended, as is their most treacherous custom,
that they came in friendliness, and demanded drink, which was
given them through a window. One of them within told them, " If
you come in friendship go and expel the poison of those arrows
you Lave shot at the man without and cure him." But instead of
applying the juice of the Indian arrow- root to him, one of them,
who spoke good English (called Captain Peter, who lived formerly
at Barbados with Colonel Morris), staved his brains out with his
own axe, saying, " Hang the dog, he is not to be cured." On this
they discontinued their parley, and the Christian within fired and
shot Captain Peter in the hand, and he shot the Christian in one
of his fingers. On this they parleyed again with each other to
fire no more, but the treacherous villains killed three boys that
were without the house, knocking their heads against a tree. In
fine they got all the party that they had hid to the house and forced
in one of the rooms, the people within not being able to defend
round all the rooms. The commander of the place, one Captain
Francis Nathan, being abroad with some men, came up to the
defence of the house, was shot by the Indians through the heart
with a brace of bullets. They killed in all eight. His wife, his
two children, and a servant woman escaped by the assistance of
one of the men while the Indians were drinking kill-devil or rum
(this country's spirit) and pillaging the house. There were three of
the barbarous heathens killed. Two of them were carried off, as is
always their practice if they can, and Captain Peter was left dead
behind them. I beg your pardon if I am tedious, but I beg you to
represent to the King the necessity for destroying these Carib
Indians, and move him either to order the Governor of Barbados
to do it, which is an easy thing for that Government to do through
its nearness to St. Vincent and Dominica, or to put me in capacity
to perform that good piece of service whilst we are in amity with
the French. I beg at least that it may not be disliked if I take
all opportunities to drive them to the Main if I cannot compass
their total destruction. I need not dwell on the importance of
this affair to the safety of the Leeward Islands, not doubting that
you are sensible thereof. We are now as much on our guard as if
we had a Christian enemy, and more, for we fear no such at this
time of year, neither can any such surprise us but these cannibals
who never come Marte aperto, though they have generally good
fire-arms from the French and Dutch, and are as good firemen as
any. Postscript. I humbly offer to your consideration the deposi-
tions annexed if worthy thereof, or of demanding satisfaction by
this opportunity. I hope the copy of the four-and-a-half per cent,
will be received by Mr. Blath way t. Holograph. 2pp. Inscribed,
"Reed. 17 Oct. 1681." [Col. Papers, Vol. XLVII., No. 45, and
Col. Entry Bh, Vol. XLVII., pp. 23-26.]
[Aug. 1 6.] 205. Charge delivered by Sir Richard Dutton to the Grand Jury
at the Sessions of Barbados. Copy. 2| pp. Inscribed and endorsed,
" Kecd, 24 Oct. 1681." [Col Papers, Vol. XLVII., No. 46.]
102 COLONIAL PAPERS,
1681.
[Aug. 1C.] 206. Presentment of the Grand Jury to Sir Richard Dutton.
Calling attention to the inconveniencies caused by unskilfnl jurors,
to the exorbitant claim of fees by the marshals of the Courts, and
asking the regulation of the same by Act; to the non- execution
of the laws against rum-sellers ; to the evil done to the island by
vagrant and poor Jews, and to the want of a state-house and
common gaol. 2 pp. Nineteen signatures. [Col, Papers, Vol.
[Aug.] 207. Memorandum of Lords of Trade and Plantations. Their
Lordships have received Sir Richard Button's letters of 30th May
and 14th June (ante, Nos. 123, 13C), and recommend his proposal
that an Attorney-General be constituted for Barbados, and that
Mr. Richard Seawell be appointed to that office. As to the
Exchequer, they think that all services relating to the Exchequer
may be determined by the other courts of justice, and that, if any
further powers be necessary for the judges on this account, the
Governor may signify the same to the King to await his pleasure.
p. [Col. Entry Bh, Vol. VII., p. 84.]
Aug. 22. 208. Sir Henry Morgan to Sir Leoline Jenkins. Since my
St. Jago de la ] as t, " I am by the public rumour and vogue possessed " that the
King has disbanded the two companies [of English soldiers] here.
We have had such a report for a long time, but I have ever looked
upon it as groundless, as I bad no account of it from Court, and
should much wonder if it were so, and so great a charge imposed
on the Colony without intimation. It is said that Colonel Long
induced the King to dismiss the companies as being useless here.
I am much startled by the Colonel's allegation, seeing that our
daily experience proves the contrary. They are constantly
employed either at sea or ashore, in bringing in runaway or
rebellious negroes or reducing of pirates, who, as I have already
told you, are very numerous. Twenty of the soldiers are at this
moment on board the Norwich in pursuit of a powerful and
desperate pirate, and I hear that there has been an encounter and
that some of them are wounded, but I know no particulars. By
this you will judge of their usefulness. I urge nothing in favour
of myself since I am daily in likelihood of being removed from the
Government ; it is for the King's service and for the good of the
Island that I urge their continuance here, and I beg your good
offices with the King in supporting my supplication that they may
be continued. Signed. Postscript in holograph. I have never
received any advice from Court about them beyond a copy of a
" resulte " [resolution] of the Lords of Trade and Plantations,
offering it as their opinion that they should be disbanded. This I
received from my correspondent, and never thought it a sufficient
order to disband the King's soldiers, raised by his commissions
under his sign manual and signet. For it is a common maxim,
nothing can cut a diamond but a diamond, so I humbly conceive I
am not nor cannot be safe in doing of it except I receive the King's
command under his hand and the seal of your office or of the
Privy Council, I beg therefore once more to know the King's
AMERICA AND WEST INDIES.
103
1681.
Aug. 27.
Barbados.
Aug. 30.
Aug. 30.
Custom House.
pleasure herein, for it is heavy upon me to maintain these men
of my company, who are, whatever may have been said, a full
hundred men, at my own charges, and much heavier on the other
parties. " God preserve your Honour " is and shall be the daily
prayer of Henry Morgan. 2| pp. Endorsed. Reed. 25 Nov. 1681.
[Col. Papers, Vol. XLVIL, No. 48.]
209. Abstract of the sentences inflicted by Sir Richard Button at
the Barbados Sessions held 1 6th to 27th August 1681. Four murderers
sentenced to death ; four burglars also sentenced to death ; four
prisoners found guilty of manslaughter pleaded their clergy, and
were sentenced to branding of the left hand ; six thieves sentenced
to be whipped ; one prisoner (a Quaker) to stand in the pillory for
an hour as a blasphemer ; three prisoners sentenced to death for
running away with a ship and cargo, two others who pleaded
guilty of the same offence being pardoned ; one burglar and one
thief pardoned for acting as approver and brander respectively ;
and one prisoner charged with manslaughter acquitted. Sheet.
Endorsed. [Col. Papers, Vol. XLVII., No. 49.]
210. Account of the proceedings of the Governments and
inhabitants of Boston and Portsmouth, relating to the Collector of
the King's Customs from 20th December 1679 to 20th January
1680. By Edward Randolph. Twelve articles and ten recom-
mendations. Referred to Commissioners of Customs (see next
abstract). Endorsed. Read 12 Sept. 1681. [Col. Papers,
Vol. XLVIL, No. 50.]
211. Commissioners of Customs to Lords of Trade and Plan-
tations. In obedience to your letter of llth July, we offer the
following report on New England. We have read the paper sent
to Us and discoursed with Mr. Randolph on the same. It is alleged,
first, that the King's Commission for administering the oath to the
Governor of Boston, directing the observation of the Acts of Trade
and Navigation, was not executed as required. Mr. Randolph tells
us that the Commissioners empowered to administer the said oath
were not admitted to execute the same, but that the order was
overruled by the General Court, who directed their Secretary to
administer the oath. Mr. Randolph further informs us that when,
in May 1680, Mr. Bradstreet was elected Governor for the following
year, neither himself nor any other of the Commissioners, except
such as were magistrates, were present, and therefore he cannot
tell whether he was sworn or not. We leave it to you to judge
how far this is a contempt of the royal authority, and how
necessary it may be to signify the King's resentment thereof
Next, as to the second article, viz., that in the trial of the pink
Expectation Mr. Danforth openly disowned the authority of the
King's Customs officer and refused to admit Randolph to prosecute
except as a common inofrmer, we point out that Randolph made
the seizure under our instructions and the law of 1671, and that^ it
seems to us to be good. He has, of course, no more right to seize
and prosecute in our commission solely than any other person.
104 COLONIAL PAPERS.
t,
168],
The third particular is, that juries are sworn to proceed according
to the laws of the country, and that the Acts of Trade are not
declared nor owned in Massachusetts. Mr. Randolph informs us
that although the Court held at Boston on 26th October 1677
made an order for the execution of the Acts of Trade and
Navigation, yet that no laws are considered to be binding but
such as are proclaimed by beat of drum and other formalities,
which formalities were omitted. We think that the laws should
be proclaimed with all necessary formalities without delay. The
fourth article we omit, being a matter of law. The fifth complains
that masters of ships enter to and from what ports they please and
report their lading accordingly, refusing to take the oath. To thi*
we observe that no masters are obliged by law to make their entry
on oath but such only as come to New England with enumerated
articles, or load them there for some other place. On failure to
comply they incur a fine of 100?. The sixth article complains that
the Governor refused to grant a warrant to seize certain prohibited
goods, of which there was information given that they were landed
in a warehouse at Boston. Mr. Randolph, in this, acknowledges it
to be neither the law nor the practice of the country to issue such
warrants ; but we would point out that the Act of 1662 gives to
English Custom-house officers certain powers in this relation, and
would submit whether it be not expedient to extend this law to
New England. The seventh article complains that Randolph's
deputies were imprisoned and fined if found on duty at night, and
some severely beaten ; that one was imprisoned at Portsmouth and
forced to pay a fine of ten pounds for accepting the place of
deputy. Mr. Randolph informs us that the law forbids people to
be abroad in the streets after ten at night, and we understand that
the question of the fine is pending before the King. The eighth
article deals with mutinies which were raised to disturb Randolph
in the execution of his duty at Boston ; at Portsmouth there was
a design to prosecute him as a felon. Mr. Randolph has given us
proofs of this, but withal says that he took no legal proceedings
against the mutineers, being advised to the contrary by the
Governor. We think therefore that the case may be met by an
instruction to the Governor to put down such mutinies in future.
The ninth article, as to the granting of a false pass to a ship by
the Governor of Guernsey, we pass over. The tenth article charges
the Customs officers at Carlisle and Minehead with granting false
certificates to vessels bound from Scotland and Ireland to New
England. We reply that we have dismissed the officer at Minehead,
and hope that there will be no further ground for such complaint.
The eleventh article we have 'already dealt with in our comment
on the third. The twelfth article complains that, a seizure being
made, Randolph was immediately arrested for damages unless it
were at once prosecuted ; and that if a Court were called he had to
deposit ten pounds before he was permitted to prosecute. Randolph
informs us that this is the practice of the country, and that it
applies to all others in the like case.
We have also considered Mr. Randolph's proposals for preventing
the several matters complained of, We have dealt with the first
AMERICA AND WEST INDIES. 105
1681,
under the fifth article. 2. That Nantasket be included in the
harbour of Boston, and that the Island of Shoalee and both sides
of the Piscataqua be included in Portsmouth. We would point
out that in England all creeks and havens are allotted to some
head port. 3. That Cape Acme Harbour and Marblehead be
included in the port of Salem. Mr. Randolph informs us that this
can be done by an Act of New England. It would be much for
the King's service. 4. That no ship be allowed to pass the forts
till visited and certified by the King's officer. We observe that
officers have no such power in England. 5. That all vessels from
Scotland, Ireland, and Holland bring a certificate of what goods
they have cleared in England. This is virtually in practice already.
6. That the King's officers be free to attend to their duty at night
and be empowered to search for and seize prohibited goods. We
have dealt with this in the sixth and seventh articles. 7. That
they have power to board ships, coming within the Capes, at sea,
and bring those into port that refuse to produce their clearings.
There is no such power in England, and we cannot recommend it.
8. That the King's Customs officers in the Colonies give certificates
of enumerated commodities shipped in New England ports, and
that no European goods be unloaded from New England without
such certificate, The officers have already sufficient powers to this
end. 9. That several persons at Boston and Portsmouth be pro-
secuted for obstructing the King's officer in the execution of his
duty. This is very requisite and necessary. 10. That no foreign
vessels coming under pretence of distress into New England ports
be permitted to wood and water without sanction of the King's
officer, and receiving a waiter on board during its stay. We think
this a great hardship and inconsistent with international amity.
Signed, Ch. Cheyne, John Upton, W. Butler. 14 pp. [Col. Papers,
Vol. XLVIL, No. 51.]
Sept. 1. 212. Captain James Story to [William Blathwayt?]. Sinee
H.M.S mv arrival I have been myself to southward and made what
Ba^ofBulis observations I could of the country and trade, sent an officer
Newfoundland, northward to do the like there, which reports I now send for the
Lords of Trade and Plantations. Holograph. 1 p. Endorsed.
Reed. 14 Oct. 1681. Annexed,\
212. i. An account of the fishing ships, sack ships, planters, and
boat keepers from Trepasse to Bonavista, and from
thence to Fair Island, the northward part of the island.
Trepasse, seven ships, three planters. Renoose, eight
ships, ten planters. Fermoose, eight ships, five planters,
Aggaford, twelve ships. Capelin Bay, four ships, one
planter. Ferryland, eight ships, twelve planters. Isle
of Spears, one ship. Toad's Cove, nine ships, four
planters. Bay of Bulls, seven ships, ten planters, and
boat keepers. St John's, eighteen ships, twenty-one sack-
ships, twenty-nine planters, twelve boat keepers. Notes
as to St. John's. The trade of the Irish to Newfoundland
is linen, clothing of all kinds, meat, cheese, butter, and all
106 COLONIAL PAPEKS,
1681,
sorts of small merchandise. The ships likewise bring
over many women passengers whom they sell for servants.
A little after their coming they marry among the
fishermen that live with the planters, and, being extremely
poor, contract such debts as they are not able to pay.
If the care be not speedily taken for the preservation of
such passengers coming over (sic) the country will soon
be ruined. There are also six small ships from New
England, which bring provisions, tobacco, rum and
molasses, and take away all sorts of cordage, linens and
woollens, brandy, refused fish (sic). They carry away
with them as many seamen as they can. The planters
follow the charter as is most for their profit. The masters
of ships, who have built stages, pull them down them-
selves for firewood, and what they leave the planters
take away. If there were an ordinance forbidding either
masters or planters to destroy the stages under penalties,
the work would remain, and great expense would be
saved. The fur trade is further north, towards Bonavista ;
it is worth perhaps 500?. a year. The planters go a
furring about the middle of September, and take no
provisions with them but bread and salt, finding beavers,
otters, and seals enough to feed on. They carry guns,
and kill also a great deal of venison, which they salt down
for the winter. They return about 1st May. Petty
Harbour, three ships. Bay of Consumption, twenty-three
ships, five planters. Harbour Grace, five ships, five
planters. Bay of Ardes, nine ships, ten planters. Ter
Bay, five ships, three planters. Trinity Bay, nine ships,
fourteen planters. Bonadventure, five ships. Catatena,
two ships. Bonavista, seventeen ships, thirty-two
planters. Harbour Maine, seven planters. Bay of
Robbers and Bryer's Cove, four planters. Carbonere,
eleven planters. Silly Cove, New Parlican, Heart's
Content, Tronty, Trinity and Ragged Harbour, sixteen
planters. Barrow Harbour, two planters. Salvagie, seven
planters. Fair Island, three planters. [ A II ships are given
with their names, master's names, port of registry, and
numbers of crews. All planters are given by name, with
the numbers of their families.]
Intelligence of the French trade. I have received a
good account from two Englishmen, Stephen Doshick and
John Molum, who live at Placentia. They say that the
French fishing is not carried on like the English. The
French boats "give to each boat's master thirty-four
quintals of fish, to every midd twenty-eight for the
fishing season," but then they must catch three hundred
quintals to a boat. If they do not catch so much their
wages are reduced in proportion ; so here they have the
advantage of the English. There are no forts or castles
in any of their plantations. There was a fort of twelve
AMERICA AND WEST INDIES, 107
1681.
gnus at Placentia, but it is now ruined, and not above
three guns mounted ; the rest lie in the ground, with the
carriages rotten and broken. There is a Governor, but
he has no allowance from the King or from the planters
who live there. Nor has he any allowance of arms and
ammunition, but he fishes as other planters do, and keeps
eight boats. They have caught from three to four
hundred quintals a boat this year. In the French quarters
they have three-quarters of the land and the best fishing
places. Their ships generally come in about the 2nd or
3rd February to the Bay of St. Maries, and generally
leave at the end of July. All are gone before August,
for the fish come in sooner on their coast than on ours.
Their ships are from three to four hundred tons. Those
at Placentia and Trepasse are from Bordeaux, Bayonne,
and St. Jean de Luz, and there is fifteen or sixteen sail of
" Biscaneeres " [Biscayan ?] ships of twenty and twenty-
four guns. The St. Malo men fish in the quarter of
St. Peter's, and there are ships of twenty to thirty guns
double-manned. All French fishermen carry their own
fish to market. It is reckoned that a hundred ships fish
in the French quarter from Trepasse in the south to
St. Peter's in the north. Their trade grows every year.
They will let no English live among them but such as turn
Roman Catholic. There is a priest in every ship that
comes over every year, and they leave some behind them
to keep the people steadfast in their religion. 21 pp.
Endorsed. Reed. 14 Oct. 1681. Read 31 Jan. 1681[2].
[Col Papers, Vol. XLVIL, Nos. 52, 52 1.]
Sept. 1. 213. Sir Thomas Lynch to William Blathwayt. Captain
Reginald Wilson's friends here have made application to me about
his having a patent for naval officer at Jamaica. Please let the
Lords know that his petition intimates that I established that
office to inspect all bills of lading and cocquets that I might not be
surprised, but that the several Acts of Trade and Navigation,
might be exactly complied with according to my oath and duty.
He discharged the office very exactly during my time, so I conceive
that their Lordships could not find a fitter man for the place.
Holograph. 1 p. Inscribed. Read 3 Dec. 1681. [Col. Papers,
Vol. XLVIL, No. 53.]
Sept. 3. 214. Journal of Lords of Trade and Plantations. Sir Henry
Council Morgan's letter of 2nd July (ante, No. 158) read. Names of
)er ' several persons for the Council of Jamaica read, approved, and
ordered to be inserted in Sir Thomas Lynch's instructions. [Col.
Entry Bk, Vol. CVL,p. 277.]
Sept. 3. 215. Acts of Jamaica passed 3rd September 1681 :
Act ascertaining the rates of negroes to be imported. [Col. Entry
Bk., Vol. XLIIL, p. 26.]
Act ascertaining quit rents and the manner of the receipt thereof,
[Col, Entry Bk., Vol. XLIIL, p, 28,]
108 COLONIAL PAPERS.
1681,
Act requiring all masters of ships to give security in the Secretary's
office. [Col. Entry Bk, Vol. XLIII., p. 31.]
Act for preventing damages in plantations, preserving cattle, and
regulating hunting. [Col. Entry Bk., Vol. XLIII., p. 33.]
[This contains one provision that no one in the island shall be
capable of " hunting any gang of dogs " who is not a planter
and owns not at least five acres of land, under penalty of a fine
of 101. and forfeiture of his gang of dogs.]
Act for registering deeds and patents. [Col, Entry Bk., Vol.
XLIII., p. 38.]
Act for the ferry between St. Katherine's and St. Andrew's.
[Col. Entry Bk., Vol. XLIII., p. 40.]
Act for ascertaining the value of foreign coins and establishing
interest. [Col Entry Bk., Vol., XLIII. , p. 42.]
Act empowering the Churchwardens of St. Catherine's to receive
twelve pence per ton for all goods made up that are landed on
or shipped from the bridge at Passage Fort for repair of the
same. [Col. Entry Bk., Vol. XLIII., p. 43.]
Act for confirmation of pious, charitable, and public gifts and
grants. [Col. Entry Bk, Vol. XLIII., p. 44.]
Act declaring it high treason to counterfeit the King's broad seal
of the island. [Col Entry Bk., Vol. XLIII., p. 45.]
Act securing the purchasers of Thomas Bun's land upon Port
Royal. [Col Entry Bk., Vol. XLIII., p. 45.]
Act encouraging the importation of white servants. [Col. Entry
Bk.,Vol.XLIII.,p.4 ! Q.]
Act for regulating surveyors. [Col Entry Bk., Vol. XLIII.,
p. 48.]
Act for closing Rio Cobre above and below Caymans. [Col Entry
Bk., Vol. XLIII., p.4Q.]
Sept. 5. 216. Governor Sir Richard Button to the King. This being
Barbados, the first oblation of duty and loyalty of this kind that ever was
presented by one of your Majesty's plantations gives me this great
assurance of laying it with all humility at your feet. And I do it
with great joy, since it proceeds from a people that on my arrival
thought your Majesty's Government near its dissolution, when
nothing but faction, disloyalty, and treasonable libels and discourses
was in the mouths of the deluded multitude. But in a little time
I made them know that their expectations were as vain as their
practices were evil, and that the Crown could never be so weak as
that I could fail to uphold its authority. That they might the
better believe what I said I immediately pursued the dispensers
of libels and false news, and removed all who were factious or
aiming at popularity from any military or civil posts, and put gooc
and loyal men in their place. I have also made a strict regulation
of the Church, and brought the people, who were very disorderly in
their religion, to great uniformity, by which steady resolutions I
have, thank God, reduced them to that duty and obedience that
is clear in this humble and hearty address. As I pardon men that
transgress the laws or traverse the Government, so I am careful to
sweeten my severities by careful administration of justice, by
AMERICA AND WEST INDIES.
109
1681.
Sept. 5.
[Barbados.]
Sept. 5.
Barbados.
maintenance of just rights, by repair of the fortifications which
greatly needed it, and addition of new works when required, by
improving the militia which was very insignificant for defence,
and by making your Majesty's Government easy and happy to
them. I am likewise careful to let the people know that I am not
like my predecessors a precarious Governor, but that my dependence
is wholly on the Royal bounty, knowing the evils that have
attended your Government through the dependence of Governors
on the people. I have acquainted Mr. Secretary Jenkins how
impossible it is for me to eat bread in this most expensive place
on the slender allowance that you are pleased to afford me.
" However your Majesty shall please to dispose of me, I tope I
shall so employ the remainder of my days in your service that
whensoever I die (for I shall not desire to survive your Majesty's
happiness) it may appear, through the whole course of my life, I
have been, and shall continue to the end of my days, your
Maj esty's most," &c., &c. Ri. Button. Holograph. 2pp. Endorsed.
For substance of enclosure see No. 218. [Col. Papers, Vol. XLVIL,
No. 54.]
217. Governor Sir Richard Dutton to [William Blathwayt ?]. I
am afraid that I did not acquaint Mr. Secretary [Jenkins] in my
letter to him of the great loyalty and abilities of Mr. Stede and
Mr. Witham. They are the only two persons in the Island whom
I can trust to stand by me in all difficulties. There are three more
of the Council who, though I do not make them my confidants, in
all indifferent matters behave themselves very well. Pray therefore
let Mr. Secretary know it would be a service to the King and a
kindness to me if he would inform those two that I have recom-
mended them to the King's favour. Holograph. I p. [Col. Papers,
Vol. XLVIL, No. 55.]
218. Governor Sir Richard Dutton to [Sir Leoline Jenkins].
I thank God my endeavours for the King's service have hitherto
been more successful than I could have hoped from so deluded and
disaffected a people as I met with on my arrival here six months
ago. All hands were full of libels against King and Government,
and all mouths of treason, which they vented without fear of the
law or punishment from the Magistrate, supposing the Government
to be near its dissolution. [Repeats the substance of his measures
as reported to the King in preceding abstract.] My time for the
last fortnight has been wholly taken up with holding grand sessions,
there having been none in the Island these four years. I resolved
that it should be no longer delayed to the dishonour of the King
and the prejudice of the country, though the Assembly continued
obstinate in its resolution not to allow me one penny in support of
it, knowing well that the justices and the freeholders were obliged
to attend at their own charge whenever I should call it. Upon
these terms therefore I called it, and, as I think you will find, to the
satisfaction of every honest man, for there was the greatest atten-
dance ever seen in the Island, and all performed with great solemnity.
The gaol was very great with malefactors of all sorts, so I had
llO COLONIAL CAPERS.
1681.
much ado by early and late sittings in the extremity of heat to
give a despatch to the business in eight days. The sessions were
held in a little room that I was forced to hire, for there is no
sessions house, nor public gaol, nor house of correction. It was
like to have destroyed several people, though I, thank God, under-
went the trouble as easily as most, even to admiration. You will
find by the address of the Grand Jury to the King (see No. 216),
and its presentment to myself (ante, No. 206), that I have not
laboured in vain. I must beg you to present my letter (see ante,
No. 216) with the address to the King, it being the first ever sent
to him from the Plantations, that it may be presented as publicly
as possible and inserted in the Gazette. If the King grant me
permission to signify his gracious acceptance to the people, it will
devote them eternally to him, for they value themselves mightily
upon their service, and I must assure you I never saw in any part
of England a grand jury and petty jury 39 substantial for fortunes
and ability of judgment. I enclose a list of the gaol (ante, No. 209).
There are no less than a hundred thousand souls, whites and blacks,
in this Island, and there is not a piece of unmanured ground large
enough to draw a regiment of foot on without great damage. This
will shew you how considerable the people are. I have briefly
informed the King of the state of this place, and of the insufficiency
of my allowance. I pay ninepence for every pound of beef, veal, or
mutton. Holograph. 2pp. Endorsed. [Col. Papers, Vol. XLVII.,
No. 56.]
[Sept. 6.] 219. Narrative of the proceedings in New Hampshire. The
Commission appointing John Cutt president was delivered 27th
December 1679. He summoned the Council to deliver to him the
oaths of allegiance and supremacy ; but under the influence of
Richard Waldern and Richard Martyn the Council took him to
consider it. Waldern and Joshua Moody, the Minister of Portsmouth,
then went to Boston to consult persons in that Government how
they should proceed, and returning after some days, went with
Martin to the President and earnestly besought him to reject the
Commission, Waldern saying that he would be hanged at his own
door before he accepted it. Mr. Cutt said that he would obey the
royal command and advised them to do the like, but they prevailed
with the Council not to accept the Commission, hoping by that
means to make him quit it. So the twenty days appointed for
the publication and acceptance of the Royal Commission expired.
Hereupon the President by the advice of several of the principal
and loyal persons of the province gave notice to all the inhabitants
by public declaration that he accepted the King's commission/and
summoned them to Portsmouth on a fixed day to hear the Com-
mission read and to consult for the carrying on of the Government.
The declaration was received with great satisfaction. On this
Waldern and Martyn sent to the several Ministers of the province
to ask what should be done. They met at Portsmouth in Martyn's
house and spent four days in consultation, when they resolved to
accept the Commission and assume the Government lest the President
AMERICA AND WEST INDIES. Ill
1681,
should put others in their places. This reason was communicated
to some of the Magistrates of Boston. Waklern, Martyn, and the rest
went to the President and declared their acceptance of the Com-
mission, but added that as the King allowed liberty of conscience to
his Protestant subjects and they objected to the form of taking the oath
they thought it convenient to dispense therewith. The oaths were
therefore read and they held up their hands and declared them well
taken. Next day, being the 2 1st January, they chose three more to
be of the Council, two of which were in the Commission when the
Massachusetts usurped the Government ; and Waldern got himself
elected Deputy President, and remained in his old place as
Commander of the Militia. The majority of the Council disliking
Cutt's appeal to the loyal inhabitants took advantage of his illness
and absence to limit the President to a single vote, and have ever
since acted without him. The Council then issued summons for the
choice of Deputies for a General Assembly, but published also an
order forbidding any men to vote but such as they nominated. In
towns of two hundred houses, not twenty men were allowed to vote.
The people complained, but were denied, and threatened with
punishment for disobedience. So the Council in effect chose the
Deputies. The Council have declared themselves a legislative
power, and a Court of Appeal, and have refused appeals to the King,
threatening to punish such as made such appeal, which is contrary
to the King's Commission. They have made a law to confirm the
laws and titles derived from Massachusetts. They have made a
law exempting magistrates and church elders from all rates and
taxes, whereby the Council and Deputies are freed from taxation.
The people are rated at will and doom, some men worth 100. paying
more than others worth 1,000?, They have raised great sums
without accounting for the expenditure thereof, the only visible
expense being eating and drinking. They fined Captain Barefoot
ten pounds for accepting a commission from Mr. Randolph to be
his deputy, and committed him to prison till it was paid. In
consequence of the weight of taxation, an account of money
collected and expended was required of the Council on llth March
last, but it was positively refused. The Council would have
enforced an oath of secrecy on Mr. Chamberlain, and threatened to
turn him out of the Council when he refused. They have refused
him all salary and distributed his duties among three of themselves.
3 pp. Unsigned. Endorsed, Read, G Sept. 1681. Read again,
10 Sept. [Col Papers, Vol. XLVII., p. 57.]
Sept. 6. 220. Journal of the Lords of Trade and Plantations. Agreed
Council that Sir Richard Dutton appoint such person as he judges best
)en qualified to be Attorney- General of Barbados. As to erecting a
Court of Exchequer the Lords think it unnecessary to create a new
Court, since the existing Courts may try such matters, or, if not,
may be given power to do so. The laws transmitted by Sir
Richard Dutton read, and his proceedings thereon approved. His
answer to inquiries also read (see No. 13G).
Letters from Sir Thomas Lynch read, asking that no patent may
pass for any place in Jamaica without their Lordships' knowledge
112 COLONIAL PAPERS.
1681,
and approbation. Agreed that the methods settled for Barbados
be observed, [Got. Entry Bk., Vol. CVL, pp. 277-279.]
Sept. 6. 221. Minutes of Council of Barbados. Ordered that all the
Marshals of the Court of Common PJeas keep a book for the entry
of all executions, to be delivered to each succeeding Marshal and
kept by him ; also that a former Order of 21st October 1679 against
the abuses of Marshals be revived, and that some method be
prepared by John Witham to check their evil practices. His
Excellency declaring it absolutely necessary that a Court of
Exchequer should be erected, the Council consented, and ordered it
to be erected and suitable fees established for the Baron.
Sept. 7. His Excellency being informed that the Assembly unduly and
irregularly receives petitions reflecting on the Government and the
Council, declared that he would let the Assembly know its mistake
at its next meeting, and require all such petitions to be brought to
the Council in future. Mr. John Witham complained that Michael
Figges had presented to the Assembly a petition falsely and
scandalously reflecting on him, and begged His Excellency to order
the petition to be brought to the Council, and Figges to be brought
up in custody of the Provost Marshal to answer for it ; also that
letters might be sent to William Goodall, Richard Pocock, and
John Becke, to attend the Council and give evidence in the matter
on 4th October. Ordered accordingly. The commission of Major-
General granted to Christopher Codvington by Sir Jonathan Atkins
cancelled, the office being useless. Fees for the Court of Exchequer
fixed by the Governor with consent of the Council. (The list
occupies two and a half pages.) Certificate of Edwyn Stede that
the foregoing is a true copy of the Minutes. [Col. Entry Bk.,
Vol. XI., pp. 435-442.]
Abstract of the proceedings of the Council from 5th July to 7th
September 1681. Two pages, in a different hand. [Col. Entry
Bk., Vol. XL, pp. 421, 422.]
Sept. 7. 222. Order of the King in Council. On reading the petition of
Whitehall, the merchants and planters, inhabitants and traders of Bermuda,
with several articles of complaint against Sir John Heydon, Deputy
Governor, Ordered by the King in Council that Sir John Heydon
appear at the Board on the second Council day after the King's
return from Newmarket to answer the charges of the petitioners ;
both parties to appear and bring counsel if they think fit. [Col.
Entry Bk., Vol. XVII., pp. 93, 94.]
[Sept. 7,] 223. Petition of Sir Richard Button to the King. It is provided
by the Acts of Trade and Navigation that no person shall lade
any of the enumerated commodities without giving sufficient bond
to unlade the same in England or one of the English plantations,
of which they are to produce a certificate. No such certificates
have been produced in Barbados since 1666, to your Majesty's
prejudice and the encouragement of fraud. Petitioner having spent
2,000. on his outfit as Governor of Barbados, and received nothing,
prays for power to put into suit all such bonds entered into m
AMERICA AND WEST INDIES.
113
1G81,
Sept. 7,
Sept. 7.
Sept. 7.
Whitehall.
Sept. 8.
Whitehall.
93366,
Barbados, for which certificates have not been produced, from
Michaelmas 1666 to Lady Day 1681, and that your Majesty will
grant him the proceeds in consideration of the expenses to which he
has been already put.
In the margin. A Minute dated 7th September 1681 from Sir
Leoline Jenkins referring the petition to the Lords of Trade and
Plantations to report how far a retrospect into the forfeiture of such
bonds may be held, and what part of such forfeitures, if prosecuted,
should go to petitioner. Inscribed, '' Reed. Oct. 16, 1681. Laid
aside." [Col. Papers, Vol. XLVIL, No. 58.]
224. The King to Sir Henry Morgan. Revoking his com-
missions of Lieutenant-Governor and Lieutenant-General of
Jamaica. Signed L. Jenkins. 1 p. [Col, Entry Bk., Vol. XCIX.,
p. 88.]
225. The King to Sir Francis Watson. Revoking his com-
mission as Major-General of Jamaica. Signed L. Jenkins, 1 p.
[Col Entry BL, Vol. XCIX., p. 89.]
226. Order of the King in Council referring the letter of Louis
le Page de Lomesnil to the Lords of Trade and Plantations for
their report. The letter referred to. Louis le Paye de Lomesnil to
the King. The Sieur de Lomesnil who addresses you has the
honour to belong to the Duke de Gadagne, whom you have
honoured with your kindness, and who is cousin to the Sieur de
Foubert. Having been obliged, by the ingratitude with which his
services have been met since his fifteenth year, to retire from the
French service, he came to your kingdom about a month ago, and
is prepared to sacrifice to you his experience, vigour, and youth.
He has acquired much knowledge on many great voyages which
would be useful for the extension of your dominions in America,
and for the increase of trade. He has prepared a memorial, and a
map for the purpose of explanation, which he begs may be examined
by your Council. [Col Entry Bk, Vol. XCVIL, pp. 75-78.]
227. Instructions to Sir Thomas Lynch, Governor of Jamaica,
Sixty-one articles. Clauses 14 and 15 instruct him to endeavour
to pass an Act of perpetual Revenue, to be raised to the King for
the Government. To encourage the people to pass it, he is to
assure them that not only the revenue but the quit-rents will be
applied to purposes of Government. If he fail to pass the Act
perpetual, he is to pass it for as long a period as possible, and for
not less than seven years. Until the Revenue Bill be passed he is
to assent to no Acts save one for naturalisation, and one for
suppression of privateers and pirates, and he is to insinuate thia
direction to some members of the Assembly that they may be the
more ready to comply with the royal wishes. Clause 16. Jamaica
ships are not to be freed from impositions paid by ships of other
British dominions. Clause 17. The style of enacting laws is to be
" By the Governor, Council, and Assembly." Clause 18. Acts to
be sent home within three months under pain of forfeiture of a
a
114 COLONIAL PAPERS.
1GS1,
year's salary. Clause 19. The Assembly may be permitted to
examine the public accounts, and is to be so informed. Clause 20.
The Assembly may insert a clause in the Revenue Bill forfeiting
the Governor's salary if he do not reside in the Island. Clause 22.
All laws except for temporary ends to be indefinite. Clause 27.
No person to execute more than one office by deputy. Clause 31.
Liberty of conscience to all but Papists. Clause 38. No minister
to be preferred without a certificate from the Bishop of London.
Clause 39-40. Tables of marriages and books of homilies to be
placed in every church. Clause 42. The African Company to be
protected, and (Clause 44) to endeavour to enforce the Order in
Council of 12th November 1680, whereby it is directed to send
three thousand marketable negroes annually to Jamaica, to be sold
at 18?. a head, at "six months' forbearance" on good security for
payment. Clause 45. Any default on the Company's part in this
respect to be reported. Clause 46. To provide where necessary for
the jurisdiction of the Admiralty and limit the bounds of parishes
to high-water mark. Clause 48. To report all injuries done by the
Spaniards, but suffer no other reparation than that prescribed by
the Treaty of Madrid, 1670. Clause 49. To give accounts of the
strength of foreign neighbours, Indians, or others, by sea or land.
Clause 50. A law providing a property qualification for jurors to
be sent home for approval. Clause 51. Appeals from the Courts of
Jamaica in cases involving 100?. upward to lie to the Governor
in Council ; further appeals admitted to the King in Council when
the sum involved exceeds 500?. Clause 52. A law to be passed, if
possible, forbidding inhumanity to slaves, and to encourage the
conversion of negroes to Christianity so far as consistent with the
safety of the Island. Clause 53. The raising of public stocks and
the building of workhouses for the poor and indigent to be
recommended to the Council. Clause 54. English colonies in
distress to be assisted. Clause 55. Landing-places to be surveyed,
and fortified, if necessary, at the public charge. Clause 56.
Offices held by patent to be investigated and reported on ; patentees
guilty of misbehaviour to be suspended and their places provi-
sionally filled pending orders from home. The expediency of
passing an Act, similar to the Irish Act, for absentees to be
considered. Clause 57. Penalties against planters for not. planting
their land to be forborne, till further orders, at the Governor's dis-
cretion. Clause 58. All servants coming or transported to Jamaica
to serve for four years ; every person carrying or transporting
servants to receive thirty acres of land for each servant landed.
Servants to be entitled to thirty acres at the end of their term.
Clause 59. Salaries : Governor 2,000?. a year, Major-General 300?.
a year, Chief Justice 120?. a year, to be paid out of the revenue.
Other judges and their officers to be paid by fees. Captain
com 1 1 landing the fort to receive six shillings a day. Clause 60.
Permission to assent to a law providing a sum not exceeding 300?.
a year for the better solicitation of the Island's affairs in England.
If the Governor think it inexpedient to agree to such a law, the
same amount may be raised by voluntary contributions. AU
AMERICA AND WEST INDIES.
Sept. 10.
Council
Chamber.
Sept. 14.
Whitehall.
Sept. 14-.
Barbados.
complaints against the Governor to be submitted in writing.
Signed L. Jenkins. [Col. Entry Bks., Vol. XXX., pp. 17-39,
and Vol. XGIX. t pp. 64-82.]
228. Journal of Lords of Trade and Plantations. Mr. Mason,
lately come from New Hampshire, presents affidavits from several
persons as to dangerous and seditious words spoken by Richard
Waldern, Richard Martin, and John Gillraan against the King and
Government. He complains also of their general opposition to the
King's Commission and nullifying of the King's orders by other
means, which is confirmed by Mr. Randolph and certified by a
letter from Mr. Chamberlain (ante, No. 106). The Lords asked
Mr. Randolph whom he thought best fitted to succeed Richard
Waldern as President of the Council. He named Mr. Daniel. The
Lords will recommend that Mr. Daniel be appointed President pro
tempore, and that he examine the accusations against the persons
named and report to the Committee. The Lords gave orders for
regulating several abuses complained of by Mr. Chamberlain ; and
as he is defrauded of the benefits of his place by other members of
Council, they think that he should enjoy it as is the usage in other
colonies. They notice, too, that the Council of New Hampshire
has not reported its proceedings as directed. Mr. Humphrey
attends on his desire to have copies of the papers presented by
Mr. Randolph against Mr. Danforth and the Government of the
Massachusetts. Being asked whether he has any power to act for
the Bostoners, he answers that he is employed as their solicitor, and
has no other power.
An Act of Barbados appointing a Committee for Public Accounts
read. The Lords disapprove the power given to the Committee,
not only to examine but to acquit any person of debts, and think that
the Governor should be forbidden to pass any further Act to that
effect without further orders. The Governor is also to be ordered
to transmit with every Act the reasons for passing the same. The
Lords notice Sir R. Dutton's report concerning sessions and the
long interval without a gaol delivery. It is thought fit that he
hold sessions for gaol delivery once a year without being at any
charge for public entertainment. This can be no discredit to the
Governor when it is known that he does so by order. [Col. Entry
EL, Vol. GVI.,pp. 279-282.]
229. Order of the Privy Council that William Dyre, who
stands committed to the custody of a messenger by warrant of
Secretary Jenkins, be discharged, he having given security to appear
from time to time before this Board to answer such things as shall
be objected against him. Copy. Signed, Phil. Lloyd. %p, [Cot,.
Papers, Vol. XLVTL, No. 59.]
230. Return of Imports from 14th June to 14th September
1681, and shipping from 17th June to 17th September 16M, with
a supplementary return of " sundry invoices." [Col. Entry #&.,
Yol.X.,Nos. 11, 12, 13.]
116 COLONIAL PAPERS.
1681.
Sept. 17. 231. Lords of Trade and Plantations to Governor Sir Richard
Council Button. We have considered your letters of 30th May and
Chamber. j^ June (ante, Nos. 123, 141), and we approve your zeal in the
reformation of the Church, and your care in regulating the
attendants of the law. We are directed by the King to instruct
you to appoint Mr. Richard Seawell to be his Attorney-General in
Barbados, with the proviso that the office be discharged without
any charge to the Royal Exchequer. In case of Mr. Seawell's
death or absence you may appoint such person as you think fit to
take his place. As to the Exchequer we recognise the necessity
for due proceedings at law to recover the King's revenue, but we
think it very inconvenient to the Government that too many
Courts should be established where the service may be performed
in an easier and less chargeable manner. As at Jamaica so in
Barbados, the Courts already settled may take cognisance of all
pleas belonging to the jurisdiction of the Court of Exchequer in
England. The King directs you to proceed to establish such rules
as may bring the business of the Exchequer to be determined by
the several existing Courts or by any one of them. Where it
appears that further powers than those already committed to you
are required, you will signify the same to us that we may take the
King's pleasure thereon. You will send copies of all jurisdictions,
Courts and offices, and other particulars for our information.
We have read the Acts passed by you and the Bills offered by
the Assembly. The Act for raising a levy of lands and money
for fortifications we think very useful, and fit to be continued from
time to time. The Act to confirm the lease of Fontabelle House
[Government House] appears to us obscure without a copy of the
lease, which should have been transmitted to us. The Act to
continue expiring Acts is not intelligible without copies of those
Acts. The Act for appointing a Committee of Public Accounts
seems to us necessary to a strict examination of all public accounts,
but the power of acquitting and discharging them we think only
proper for the King, and we disapprove of that part of the Act.
You will be careful not to pass any Act in the future disposing
of this power without previous direction from the King. The Bill
of Habeas Corpus was timely prevented, nor had we any reason to
apprehend that you would even have permitted it to pass. We
approve also your rejection of the Bill, declaring when the laws
of England shall take effect in Barbados ; no Bill in Barbados
should either limit or restrain the execution of English laws, nor
extend them further than they are intended. We perceive the
great omission of the Government in not earlier appointing of a
gaol delivery, and are glad to observe your intention of speedily
holding a General Sessions. We think no reasons of expense can
be of excuse when there is occasion for it, nor do we think it a
diminution of your character as Governor that you forbear to make
any extraordinary entertainment, or to be at any charge for the
reception of people who attend that service. We recommend to
you the observation of your instructions as to Patent Offices that
you admit only such persons to execute them as are capable in
AMERICA AND WEST INDIES.
117
Sept. 17.
Council
Chamber.
1681.'
ability and behaviour. Signed, Ailesbury, Bath, Clarendon, Craven,
J. Ernie, L. Jenkins, H. London, Worcester. 2 pp. [Col. Entry
Bk., Vol. VIL, pp. 85-89.]
232. Journal of Lords of Trade and Plantations. A letter from
Colonel Norwood read concerning quit-rents of Virginia. He
refers to a letter of 25th October last, setting forth that, by patent
granting the quit-rents of Virginia to Lords Arlington and
Culpeper in 1672, he stands by them acquitted of all arrears. The
Lords, however, notice that the arrears were granted them by this
patent from 8th May 1669, and order Colonel Norwood to give his
account accordingly.
Several letters from the Leeward Islands read. As to the three
hundred malefactors to be transported to St. Christophers without
fees to be paid at the gaol, ordered that inquiry be made for some
merchant who will give good security to transport them.
Agreed to move the King to declare in Council that he will not
in any way divert the impost raised on liquors in Barbados from
the purposes named in the Act. [Col. Entry Bk., Vol. GVL, pp.
282-284]
[Sept. 19.] 233. " Papers received on 19th September 1681 from Sir William
Stapleton by Colonel Cotter ":
A. Acts of Antigua. Titles and dates of fifty-seven given, ranging
from 10th April 1668 to 9th July 1680.
B. Acts of Montserrat. Titles and dates of twenty-three, 1668
to 1680.
C. Acts of Nevis. Titles and dates of twelve, 1680-1681.
D. Acts of St. Christophers. Titles and dates of twentytwo.
1672-1681.
E. Orders of Council of Antigua, Nevis, and St. Christophers
(no further particulars).
F. Accounts of imports at Nevis, 16th July 1680 to 16th July
1681 (see ante, No. 177).
G. Answer from the Leeward Islands to the King's offer to
commute the four-and-a-half per cent, duty (see ante,
No. 78).
[Col Entry Bk., Vol. XLVIL, pp. 1-15.]
Sept. 21.
Barbados.
Sept. 29.
Council
Chamber.
234. The Secretary of Barbados to Lords of Trade and Plan-
tations. Transmitting quarterly returns of the transactions of his
office. Signed, Edwyn [Stede. Inscribed and endorsed, " Kecd.
21 Nov. 1681." p. [Col. Papers, Vol. XLVIL, No. 60, and Col,
Entry Bk., Vol. VIL, p. 107.]
235. Lords of Trade and Plantations to the King. We have
examined the case in difference between Richard Hall and Thomas
Darvall (see ante, Nos. 89, 90), and we are of opinion that the
judgment given against Darvall at New York shall be confirmed.
1 p. [Col. Entry Bk., Vol. LXVIII.,p. 52.].
118
COLONIAL PAPERS.
1681.
Sept. 29.
Oct. 9.
Newmarket.
Sept.
Whitehall.
Sept.
236. The French Ambassador to the King. Begs him to send
his orders to Jamaica for the restitution of the ship La Royale of
Rochelle, and for the punishment of the English captain who took
her. Signed, Barrillon. Copy.
Copied below. Statement of Captain Herbouin of La Royale,
dated 15th September 1681. His ship, of 60 tons and eight
men, left St. Christophers on 6th May last laden with salt
and water and bound for Cayment for turtle fishing. Two leagues
from this place he was met by an English ship of 45 to 50 tons
burden, ten guns and fifty men, which, after firing several shots,
compelled him to come on board, when he was informed that there
was war between France and England, and that he was lawful
prize. Unable to resist Herbouin asked to be taken to Jamaica,
which was refused. They then put him in the long boat (chaloupe)
with five men which he kept with him, gave him a keg of water
and sixty to eighty pounds of salted turtle, and sent him to the
Isle of Conne, from which, after living three weeks on fruits,
Herbouin and his men regained Jamaica, and from thence reached
France on the 15th September. French. 1| pp. Noted in the
margin, "Touching the ship Royal of Rochester" (sic). [Col.
Papers, Vol. XLVIL, No. 61.]
237. Lords Proprietors of Carolina to [Governors of Ashley
River and the north part of the province], Mr. Seth Southell has
bought Lord Clarendon's share of Carolina, and is thereby become
one of the true and absolute proprietors. Since it is provided by
other constitutions that the eldest proprietor that shall be in Carolina
shall be Governor, you will obey Mr. Southell, if there be no older
proprietor there than he. p. Signed, Craven, Shaftesbury,
P. Colleton. The day of the month is left blank. [Col. Entry
Ek., Vol. XX., p. 175.]
238. List of documents sent from Barbados, from 5th July to
September 1681, received 21st November 1681 :
Acts of the Legislature, viz.,
Four Acts for continuing divers Acts, 5th, 7th, 19th, 20th
July.
Act for continuing the arrears of public levies as money, 19th
July.
Act to raise a levy, 10th August 1681.
Bill to revive an Act for qualification of voters, 5th July.
Bill for securing possession of negroes and slaves, 7th July
1611.
Orders of Governor, Council, and Assembly.
Orders of Council, 5th July to 7th September 1681. [Col.
Entry Bk., Vol. VII., p. 105.]
Journal of Assembly, 5th July to 10th August. Account of
Imports, 14th June to 14th September. Received 8th December
1681. [Col. Entry Bk., Vol. VIL, p. 108.]
AMERICA AND. WEST INDIES.
119
1681.
Oct. 1.
Barbados.
Oct. 1.
Barbados.
Oct. 1.
Newmarket.
239. The Governor and Council of Barbados to Lords of Trade
and Plantations. Transmitting quarterly returns of Acts, Orders in
Council, and Imports. Signed, Ri. Dutton, Richard Howell, Sam.
Newton, John Peers, Edwyn Stede, John Witham, Henry Walrond.
[Col. Papers, Vol. XLVII., No. 62, and Col. Entry Bk., Vol. VII.,
p. 108.]
240. The Clerk of the Barbados Assembly to Lords of Trade
and Plantations. Transmitting transactions of the Assembly.
Signed, John Higinbotham. [Col. Papers, Vol. XLVII., No. 63,
and Col. Entry Bk., Vol. VII., p. 109.]
241. The King to Lord Culpeper. By our letters of 30th June
1680 we informed you that we had appointed William Blathwayt,
Surveyor and Auditor-General of our revenues in America, as by
our letters patent does appear, and instructed you and all under
you to assist him and his officers in the execution of this duty.
We are informed, however, that delays have been used in the
prosecution of this service in Virginia to the detriment of our
revenue and the encouragement of the abuses which were formerly
practised in the management thereof in that colony. We therefore
repeat our former instructions and instruct you particularly to cause
true and regular accounts of all public moneys raised and spent
in our service to be sent to the Commissioners of the Treasury. And
you will cause this order to be registered in the books of the
Council. 2 pp. A copy of the letter of 30th June 1680 follows.
3 pp. [Col. Entry Bk, Vol. XC1X., pp. 83-87.]
Oct. 1.
Portsmouth,
New Hampshire
242. The President and Council of New Hampshire to Lords of
Trade and Plantations. By the ship Black Cock we sent you an
account of our laws and proceedings, with a duplicate thereof by
way of Boston. We now send, again by Boston, a further account
of what has happened since. We reported to you the death of
Mr. Cutt, our late President ; we have now to report the death of
another Councillor, Mr. Dalton, in August. As enjoined by the
King's commission, we have appointed two new Councillors,
Mr. Richard Waldern, son of our present President, and Mr. Anthony
Nutter. We have also submitted the names of two more persons
as fellow -candidates with them, viz., Mr. Nathan Wire and
Mr. Peter Coffin, joined with the first, and Mr. Reuben Hull and
Mr. William More, to be added to the latter, that the King out of
these six may nominate two. We apologise for sending matters
which seem low and inconsiderable, in obedience to your strict
orders to send transcripts of all proceedings, and we beg for your
further instructions that we may in future send such matters only
as manifest our duty without impertinence. Signed, Richard
Waldern, President, Elias Stileman, Deputy President, Richard
Martyn, Wm. Vaughan, Tho. Daniel, Job Clements, Rich. Cham-
berlain, Secretary. Endorsed with a precis. Reed. 30 Jan.
1681[2]. 1 p. [Col. Papers, Vol. XLVII., No. 64, and Col. Entry
Bk., Vol. LXVIL, pp. 29, 30.] Annexed.
120 COLONIAL PAPEBS.
1681,
242. I. Acts, Orders, and Proceedings of the President and Council
of New Hampshire since the transmission in June last.
Proceedings of a special Court of Pleas held at Portsmouth,
6th July 1681, by the President, Deputy President,
Mr.Martyn, Captain Vaugh an, Mr. Clement. Six cases tried,
among them that of William Hoskins and Sara Herrick
for adultery. Though the act was not proved, yet the
circumstances appearing very suspicious, the Court
adjudges Hoskins to thirty stripes on the bare back or
ten pounds fine, and Sara Herrick to twenty stripes or five
pounds fine. Court dissolved, 8th July.
At a meeting of Council held at Great Island, llth July,
the case of Marcellus Cock, master of the Duke of
Brandenburgh's ship Salamander, brought forward. By
his long stay in the Piscataqua the Council has reason to
think that he means not well, and on examination finds
that he designs to sell the ship and cozen the duke and
seamen. Ordered, that he give bond for 2,000. to sail
to Boston, and stay within range of the Castle there, and
meanwhile send his sails ashore. Engagement for the
Lieutenant to take the ship to Boston.
6th September 1681. Court of Appeals adjourned in
consequence of military affairs till the morrow, 7th Sep-
tember. Several letters of administration granted, and
inventories of estates of deceased persons filed. John
Baker and Sarah his wife were brought up for fornication
committed before their marriage, but on confession and
expression of repentance, fined each five pounds. Baker
being in great want of money is allowed six weeks
wherein to make payment. Several persons fined for
selling drink without a license. Henry Crown fined
twenty shillings for allowing unlawful games, such as
billiards, and tables in his house. Cases of disputed
wills, of custody of an idiot, of guardianship, settled.
Four orders for improvement of roads and ferries. A
case of drunkenness and another of brawling, settled.
Order appointing Richard Waldern and Anthony Nutter
to be of the Council, and for the town of Dover, for which
they were deputies, to elect two new deputies to the
Assembly in their stead. Signed as the covering letter.
7pp. Endorsed. Reed. 30 Jan. 1681. [Col. Papers,
Vol. XLVII., No. 64 i.]
%
Oct. 1. 243. Abstract of particulars required from the Governor by his
instructions, by circular letters and by various letters from 20th
November 1679 to 1st October 1681. Of the documents here
enumerated, some appear under their dates in the previous volume
of this Calendar, while others appear here for the first time.
Among these latter are letters of 19th May 1680, asking for an
account of the revenue of Virginia from all sources, and an account
of all moneys to be transmitted to England, 30th June 1680,
AMERICA AND WEST INDIES.
121
1681,
Oct. 1.
James City.
Oct. 3.
St. Jago
de la Vega.
Oct. 4.
St. Jago
de la Vega.
(1) Instructing the Governor to give all help to the King's revenue
officers ; (2) To transmit copies of the accounts half-yearly ; (3) To
transmit all accounts to the Surveyor and Auditor-General. 5th
July, Repeating request for half-yearly accounts. 4th August,
Asking for a return of quit-rents and of acreage under cultivation.
1st October 1681, Remarking on the delay in furnishing the returns
to the Surveyor and Auditor-General. II pp. [Col. Papers,
Vol. XLVIL, No. 65.]
244. Minutes of Council of Virginia. Sir Henry Chicheley,
Lieutenant- Governor, and seven members present. Colonel Joseph
Bridger took the advice of the Council as to the liability of certain
European goods, lately brought in a ship from Barbados, to
forfeiture. Order to repair the guard-houses and furnish the
soldiers with provisions out of the revenue till further orders are
received from England. Order that Secretary Spencer arrest and
deliver to the authorities an Indian claimed as guilty of murder
by the authorities in Maryland, unless he can clear the Indian
of his own knowledge. Order to Mr. George Brent and William
Fitzhugh to be contractors to furnish the Potomac garrison with
provisions. Order for the prorogation of Parliament from the
15th February to 27th September 1682. [Col. Entry Bh, Vol.
LXXXIV, pp. 95-97.]
245. Rowland Powell to Lords of Trade and Plantations. In
accordance with your circular letter (previous volume, No. 1262), I
have delivered nine Acts, which have received the Royal assent, to
Sir Henry Morgan. Fifteen more cannot be sent, owing to the
fleet being ready to sail at their passing. The Assembly meet to
pass the Revenue Bill to-morrow, whereof, if the report of a new
Governor do not impede, we have great hopes. I propose to send
the whole body of laws when passed, but this, together with
abundant other incidents of my office, is an occasion of great
expense, that is not considered by the country, which has already
made the fees below the labour of this expensive Colony. I am
also copying the Minutes of Assembly and Council for you.
Holograph. 1 pp. Inscribed, " Reed. 29 Dec. '81 per Capt.
Johnson. Read 10 Feb. 1681-2." [Col. Papers, Vol. XLVIL,
No. 66, and Col. Entry Bh, Vol. XXX., p. 53.]
246. Sir Henry Morgan to Sir Leoline Jenkins. I acquainted
you in my former letters with my endeavours to persuade the
Assembly to comply frankly and generously with the King's
desires as to the Revenue Bill ; but their fears, jealousies, and
suspicions are such that, notwithstanding all my persuasions, all
the friends I could make in the House, and the willingness that
they profess to please His Majesty in all things, they drew up and
passed a Bill limiting the revenue to two years. As soon as I
heard thereof, I summoned the Speaker and the whole House to
the Council Board, where I seriously remonstrated to them the
King's goodness and affection to Jamaica, the just reason that he
would have to be displeased with their proceedings, the fatal
122 COLONIAL PAPERS.
1681.
consequences thereof, and the groundlessness of their fears.
Having answered the objections on which they built most, and
showed them the absoluteness of the King's resolution to have the
Act of Revenue passed for at least seven years, and finding them
somewhat startled and beginning to see their error, I remanded
them to their House, where they immediately threw out their
two years Bill. Thereupon I sent for them back to the Council
table, and that there might be a new Bill, which I doubt not be to
the King's satisfaction, I prorogued them to the 4th October. The
reasons that they gave me for limiting their Bill to two years
were that, the Colony not being fully settled, there would be
necessity to alter several of the laws before the expiration of
seven years, and that the revenue being established, Governors
would not mind the calling of Assemblies. Moreover, they dread
the change of Government, should it fall into the hand of some
person uninterested in the place, and who would mind not the
interest of Jamaica, but his own profit and advantage. Such a
man having good friends at Court, whereof they are destitute, will
be able to make good his party against them and all their interest,
securely convert to his own use the moneys which the King-
intends for the support of the Government in the Island, and leave
the whole burthen of building and repairing fortifications and other
charges upon the country. These and such like motives they
alleged in justification of their proceedings. Since writing the
above lines there is again news of alteration of Government here.
What effect it may produce upon the Assembly when it next sits
I cannot tell, but I am sure that, if things had continued without
change during the Session, it would have been shorter, and all
transactions to His Majesty's content ; and I dare presume that long
ere now the Act of the Revenue would have been passed and that
of the Militia also, excepting the last clause. I say it not out of
vanity, but as a truth that is perceived of all that have insight
into business here. The great expense that a Governor is at during
the holding of an Assembly is hardly imaginable. Since this
began I have been at no less than 1,000. charge, and this necessary
for the King's service. Governors at such times are forced to keep
open house, which must be judged to be no small charge where
things are at no easy rate. I have given the Royal assent to
fourteen Bills more, but the shortness of the time would not permit
me to send them. I send nine of the former Bills, and will send
the remaining fifteen by first opportunity. Signed. Endorsed.
Reed. 28 Dec. [Col Papers, Vol. XLVIL, No. 67.]
Oct. 4. 247. Duplicate of foregoing, unsigned, and misdated 2nd
October. Endorsed. Reed. 28 March 1682. [Col Papers, Vol.
XLVIL, No. 68.]
Oct. 4. 248. Sir Henry Morgan to Lords of Trade and Plantations.
St. Jago In substance, and to great extent in language, identical with the
de la Vega. j e ^ er fa gj r Leoline Jenkins in the preceding abstract. 2 pp
Signed. Inscribed, "Reed. 1 Feb. Read 10 Feb. 1681-82."
AMERICA AND WEST INDIES. 123
1681. .
[Col. Papers, Vol. XLVIL, No. 69, and Col. Entry Bk, Vol. XXX.,
pp. 54-56.]
Oct. 4. 249. Minutes of Council of Barbados. His Excellency read
a report of the Lords of Trade and Plantations to the Council,
and made the following proposals to the Assembly (see Journal
of Assembly of this date).
Oct. 5. The Assembly brought five orders for payment of gunners and
matrosses and of the Clerk and Marshal of the Assembly, also an
address about some bills that lie before the Council, an address
about the fines imposed at the General Sessions, and an answer to
the Governor's proposals. Copies of the addresses and answer
follow. See Journal of Assembly of this date. [Col. Entry Bk.,
Vol. XL, pp. 449-456.]
Oct. 4.- 250. Journal of Assembly of Barbados. Edward Littleton
elected Speaker. Question put whether a duty be laid on imported
wines and liquors, and carried in the negative. Ordered by the
Governor, Council, and Assembly that John Hallett pay to John
Higinbotham 501. in lieu of 10,000 Ibs. of sugar voted to him for
six months' salary on 20th October last ; and QOl. for his salary
from 29th March to 20th September last, also 101. to John Forbes,
Marshal of the House for salary for same period.
Oct. 5. Proposals for five Acts received from the Governor. (1.) To
restrain incestuous marriages. (2.) To ascertain the gauge of sugar
casks. (3.) To oblige all soldiers to appear in coats of the livery-
colour when that shall be appointed to each regiment by the governor.
(4.) For the building of a gaol and house of correction. (5.) To
restrain masters from ill-using Christian servants. The Assembly
in answer say : (1.) That they conceive that the laws of England
are sufficient restraint. (2.) That they will take it into con-
sideration. (3.) The Assembly approves. (4.) Provision has been
made for a gaol by Act ; the House will be ready to undertake the
House of Correction. (5.) That masters shall be protected against
malicious complaints as well as servants againt severity. Address
to Sir Richard Button carried (see next abstract). On the petition
of Edward Rownton, ordered that John Hallett pay him Wl. already
ordered, but not paid to him, 18th February 1679-80. On the
petitions of the gunners and matrosses, ordered that the sums
apportioned to them on 18th May (see ante, No. Ill) be paid.
Adjourned to 15th November. [Col. Entry Bk. } Vol. XIIL,
pp. 450-454.]
Oct. 5. 251. Address of the Assembly of Barbados to Sir Richard
Button. Since your Excellency's arrival we have addressed you on
several subjects, which are here underwritten, and sent up to you
sundry Bills for the welfare of ourselves and the rest of the King's
loyal subjects ; and we implore your Excellency to let us know
your purposes and intentions with reference thereto. One of our
addresses requested that when you and the Council sit as a Court
of King's Bench or Chancery you would let the debates be public
as in all other of the King's Courts and that the members of the
124
COLONIAL PAPERS.
1G81,
Oct. 8.
Whitehall.
Oct. 8.
Derby House.
Oct. 11.
Oct. 12.
Whitehall.
Council, being judges in the Court, may be sworn. The Bills we
have sent up to you and which we know not whether you will pass
are : 1. An Act appointing the writ of Habeas Corpus. 2. An
Act explaining a branch of the Act establishing the Courts of
Common Pleas for granting of appeals upon mortgages and penal
bonds. 3. An Act declaring when the laws of England shall take
effect in this island. 4. An Act for securing the possession of
negroes and slaves. 5. An Act appointing who shall be deemed
freeholders in this island. Signed, John Higinbotham. Copy.
Certified by Edwyn Stede, 7th October 1681. Endorsed. [Col.
Papers, Vol. XLVIL, No. 70.]
252. Lords of Trade and Plantations to Lord Baltimore. The
Bishop of London informs us that he has chosen the bearer hereof,
Mr. Ambrose Sanderson, B.A., as a person fitly qualified to reside in
Maryland, and instruct and take care of the King's Protestant
subjects in that Colony. We thought fit for his better encourage-
ment to recommend him to you, and we beg you to give him your
countenance and protection in all matters wherein he may apply to
you. Signed, W. Cant. Anglesey, Bath, Craven, Hyde, L. Jenkins.
Copy. 1 p. Endorsed. [Col. Papers, Vol. XLVIL, No. 71, and
Col. Entry Bk, Vol. LII.,p. 55.]
253. J. Brisbane to Sir Leoline Jenkins. I enclose copy of a
letter from Sir Henry Morgan to the Navy Board which came to
my hand this evening, to be put to such use as you may judge best
in dealing with the French Ambassador's letter about the capture
of a French ship near Jamaica by a privateer flying English colours.
I have not yet found time to lay this letter before the Board of
Admiralty. ^ p. Endorsed. [Col. Papers, Vol. XLVIL, No. 72.]
254. William Blathwayt to Sir Jonathan Atkins. The Lords of
Trade and Plantations took note to-day that you had not attended
them since your return from Barbados. Hearing that you have
kept your chamber by reason of a lameness, they require from you
an account in writing of the management of your government and
of the state in which you left it. They also require of you copy of
a proposition which Sir William Stapleton states that he laid before
you for destroying the Indians in St. Vincent and Dominica.
They expect these things from you at ten next Tuesday morning at
which hour they appoint you to attend them. [Col. Entry Bk.,
Vol. VII., p. 102.]
255. Order of the King in Council. Upon reading the petition
of Elizabeth Binckes, Ordered that copies thereof be delivered to
Mr. Ball and Sir Richard Button's agent, and the petition itself
referred to the Lords of Trade and Plantations for their report.
Signed, John Nicholas. Annexed,
255. I. The petition referred to. Charles Binckes of Barbados,
husband of the petitioner, some time since bought of
Mr. Henry Ball and others the legal deputation [deputy-
ship] of the office of Examiner in Chancery of the Island
AMERICA AND WEST INDIES.
125
1681.
Oct. 12.
Whitehall.
Oct. 14.
Whitehall.
of Barbados, to whom the King granted the office under
the Great Seal, with power to appoint their deputy or
deputies. The said Charles Binckes desired of the present
Governor, Sir Richard Button, to be admitted to his
office, tendering the King's letters for his admission and
as good security as the Island affords for the due execution
of his duties. The Governor, however, excludes him from
possession of what, as it is conceived, is his legal right,
and, moreover, puts the patentee in fear of losing the
whole benefit of the office unless the person he names to
them (who is a servant of his own) be put in as Deputy.
The Governor alleges, moreover, that Charles Binckes is
not fit to serve the King in any capacity in Barbados,
attributing to him the authorship of a certain report, of
which the Assembly and others in the Island have since
acquitted him to the Governor. Now, Charles Binckes
is known to be a loyal subject, has been employed in the
King's service several years, and is of the commission of
the peace of Barbados ; but receiving so harsh a character
from the Governor he is in great danger of being ruined
in his correspondence and trade, as well as by deprivation
of his place, and of suffering damage to the amount of
5001., by money paid and voyages taken in pursuit of the
office. Petitioner therefore prays for a day for the
examination of the case, and for relief and restoration of
Binckes if his case be proved (see ante, No. 165). Copy.
2pp. The two papers endorsed, Reed. 13 Oct. 1681.
Read, 31 Oct. 1681. [Col. Papers, Vol. XLVII., Nos. 73,
73. i., and (without enclosure) Col. Entry Bk., Vol. VII.,
p. 85.]
256. Lords of Trade and Plantations to Lord Baltimore. We
are informed that very few of the King's Protestant subjects are
admitted to the Council of Maryland, and that there is partiality
and favour shown on all occasions to Papists to the discouragement
of Protestants. We hope that this may be a misrepresentation, but
we cannot but take notice thereof; and we require you to cause
the same to be redressed if true, as also that in the distributing of
the arms and ammunition (which, at the request of your Agent,
Nicholas Lowe, we have permitted to be transported for the
defence of Maryland) you will express your trust in the Protestants
by putting arms in their hands. Copy. 1 p. Signed Anglesey,
Bath, Conway, Craven, Halifax, Hyde, H. London, L. Jenkins.
[Col. Papers, Vol. XL VII, No. 74, and Col. Entry Bk., Vol. LII.,
p. 56.]
257. Order of the King in Council. Sir Leoline Jenkins to
prepare a warrant declaring all laws assented to by Sir Henry
Morgan to be absolutely null and void unless the Bill for Public
Revenue be passed into an Act before the arrival of Sir Thomas
Lynch. The said warrant to be delivered to Sir Thomas Lynch
with an instruction to publish the same in case he shall find
126
COLONIAL PAPERS.
1681.
Oct. 16.
Council
Chamber.
Oct. 18.
Council
Chamber.
it for His Majesty's service, and not otherwise. Signed, John
ISicolas. 1 p. Endorsed with a precis. Seed gone. [Col. Papers,
Vol. XLVIL, No. 75.]
258. Journal of Lords of Trade and Plantations. Letter from
Sir W. Stapleton, of 26th July, respecting the treaty of neutrality
in the West Indies. Agreed that the King be moved to ask the
French ambassador whether he be now ready to conclude the
treaty. The Lords also represent the condition of the two foot-
companies, as well as of the Governor, who have three years'
arrears due to them. Agreed that Sir W. Stapleton's suggestion
that all the Acts in the several Leeward Islands be assimilated be
adopted. Their Lordships note also that all laws made since the
beginning of Sir Charles Wheeler's Government, 'excepting those
made in the last two years, are expired. In the matter of Sir W.
Stapleton's proposal to devote the fifteen hundred pounds to the
building of one fort in the Leeward Islands, the Lords call for his
former letters. The account of the massacre in Barbuda (see
No. 189) read. The Lords seeing it mentioned that a proposition
had been made for attack on the Indians to Sir Jonathan Atkins,
order him, since he is disabled by lameness from attending, to give
an account of Barbados in writing, and also of Sir W. Stapleton's
proposition above named. As to fines and forfeitures the Lards
agree with the Commissioners of the Treasury that they should be
applied to the support of the Government. Several Acts brought
over by Colonel Cotter read. On the first, the Lords think that
the title of Honourable shall not be continued to the Deputy-
Governors in these Acts. On the Excise Act the . Lords, observing
that it is passed for a year only, think that these temporary Acts
should be discontinued, and a perpetual revenue Act passed for the
permanent expenses of Government, the misapplication of the
money to be prevented by appropriating it to specific purposes.
The Governor to be instructed to bring this before the Assembly,
pointing out for encouragement that though the Acts for the four-
and-a-half per cent, are not appropriated to any special uses, yet
the King applies a greater revenue than arises from the duty to
purposes of defence. Various Acts of Montserrat and Nevis
approved with trifling amendments.
Sir Richard Button's petition read (see ante. No. 223) on
which the Lords do not think fit to make any report. [Col. Entry
Bk., Vol. CVL, pp. 284-90.]
259. Journal of Lords of Trade and Plantations. Sir Jonathan
Atkins attended and assured their Lordships that he would have
waited upon them sooner but for a hurt in his leg at sea. Being
asked for an account of his Government, he replies that he has by
his letters continuously informed the Committee of all transactions
but the Lords, not being satisfied with this answer, demand from
him a particular account of the state of the Islands on matters
civil, military, and ecclesiastical, and that he endeavour to furnish
it within a month. Being asked concerning Sir William
AMERICA AND WEST INDIES. 127
1681.
Stapleton's proposition to destroy the Indians in St. Vincent and
Dominica, he remembers nothing of the matter, except a letter
that Stapleton wrote him about the time of Colonel Warner's
expedition, which imparted no particular method except a junction
of the inhabitants of Barbados aud the Leeward Islands for the
purpose. Barbados will never agree to do this, as they are in
amity with these Indians and need their friendship when they go
to cut wood in these Islands. Besides, it is impossible wholly to
destroy these Indians, for they are constantly recruited from the
Main. Ordered hereon, that Sir William Stapleton be called upon
to propose the best means for suppressing these Indians, and that
the matter be represented to the King, with a suggestion that it
be carried out jointly by Barbados and the Leeward Islands.
Lord Culpeper presented a paper of proposals. The first, for
encouraging the building of towns, was agreed to. On the second,
for payment of the soldiers' quarters, Lord Culpeper was asked to
give his reasons at the next meeting why the two companies in
Virginia should not be disbanded. The third, for the opening of
a trade with Muscovy, was reserved for consideration, as were also
the fourth and fifth for uniting the King's subjects against the
Indians.
Ordered, that a draft letter be prepared to the Government
of Massachusetts (see No. 264 I.). Lord Culpeper reminds the
Lords of a dispute in New England between several persons and
countries about the Narragansett country, and presents the names
of fit persons to be Commissioners to inquire into the whole matter.
Ordered, that a letter be prepared for the King, constituting these
Commissioners, with directions to inquire into the titles of the
King and of all claimants to the jurisdiction of the province.
[Col Entry Bk., Vol. GVL, pp. 290-294.]
Oct. 18. 260. Lord Culpeper's projects for the relief and improvement
of Virginia. (1.) To encourage the building of towns by all
possible means, that being the only visible way to make the
Colony flourish, which will be a remedy to all persons and
grievances. Markets will be thus made ; at present no outlet for
provisions or anything else that is not worth carrying to Europe.
The Act [to be] confirmed in every particular except the clause of
two years, and about the taking in goods and selling goods at the
places appointed for towns till they are in a condition to receive
ships and load them by storehouses and other conveniences. The
Governor and Council to give notice by proclamation one year
beforehand in every respective place. The King to grant the
inhabitants of such towns immunity from tha penny per pound
for a time. (2.) The constant and punctual payment of the
soldiers' quarters and arrears will at this low ebb encourage the
poor, irrespective of other advantages. A small sloop of from
sixty to seventy tons, with ten or twelve guns, will be the best
additional security, considering expense. (3.) The opening of free
trade for Muscovy [" Muscoe "] ought to be effected if possible.
(4.) The uniting of all the King's subjects in America to help each
128
COLONIAL PAPERS.
1681.
Oct. 19.
Whitehall.
Oct. 19.
Oct. 19.
Whitehall.
Oct. 21.
Whitehall.
other in case of foreign enemies, rebellions, and Indians, in such
proportions as the King shall direct. In particular no war or
peace with Indians should be made without the knowledge and
assent of the Governor and Council of Virginia, the only Colony
that the King can call his own. (5.) Exact and speedy inquiry to
be made into the disturbances in Maryland ; meanwhile all offices,
civil and military, to be placed in Protestant hands. Holograph.
Unsigned. 1 pp. Endorsement half lost. [Col. Papers,
Vol. XLVII., No. 76, and Col Entry Bk., Vol. LXXX.,
pp. 405-407.]
261. Order of the King in Council. That the complaint of the
merchants and traders of Bermuda against Sir John Heydon,
pretended Governor there under the Company, be held on the 26th
October, when the two parties and all others concerned shall
attend. [Col Entry Bk., Vol. XVII., p. 94.]
262. Declaration of the King. That all laws passed by Sir
Henry Morgan be null and void unless the Revenue Bill be passed
before the arrival of Sir Thomas Lynch. [Col. Entry Bk.,
Vol. XCIX., p. 90.]
263. Additional Instruction to Sir Thomas Lynch. You will
receive a declaration concerning laws passed, or to be passed, by
Sir Henry Morgan, which declai'ation you will publish, if necessary,
on your arrival (see preceding abstract). [Col. Entry Bks., Vol.
XXX., p. 40, and Vol. XCIX., p. 91.]
264. Order of the King in Council. Approving the draft of
annexed letter from the King to the Governor and Company of
Massachusetts. Signed, John Nicholas. p. Annexed,
264. i. The King to the Governor and Company of Massachusetts.
According to an Act of the 25th year of our reign we
appointed Edward Randolph, Collector of our Customs in
Massachusetts, to check the breaches of the Acts of Trade
and Navigation frequently practised and connived at
therein. We are well satisfied that Edward Randolph
has discharged his duty with all diligence and fidelity,
yet, because unlawful trading is countenanced by you,,
all his care has been of little effect. You have suffered
attachments to be granted against him and his officers for
doing their duty, and when they have prosecuted offenders
in our name they have been obliged, contrary to law, to
deposit several sums of money before they could obtain a
trial, and after such trials have been compelled to pay
costs, with many other hardships. We are further
informed that you have refused to allow appeals to us in
matters concerning our revenue, and that you have seized
the moiety of forfeitures which is ours by law. There
are many things relating to your government now before
us, but we forbear to mention them, since we learn by
your letter of 3rd June (see No. 126) that you intend
AMERICA AND WEST INDIES. 129
1681
to send agents to satisfy us as to the things which have
been done amiss in your colony. We hope that before this
they may be on their way hither, for the time which we
had named as the limit of their coming is elapsed. We are
not willing to think that their failure to come sooner is
due to designed delay, but we cannot admit the excuse in,
your letter, for we cannot doubt but there are many of our
subjects, fitly qualified for the same, who would be willing
to attend us here were they fully instructed and authorised
by you. Therefore, if this be not already done, we hope
that fit persons will be sent without delay. But for
the present what we require of you is this : That you
give all countenance and encouragement to Edward
Randolph and his officers ; for we are so well satisfied with
his fulfilment of his duties that we have granted him
further authority to enable him to perform his trust
according to law. We expect you also to restore the money
levied from our said officers, and to give us an account
of the moiety of the forfeitures that you have received,
to see that the Acts of Trade and Navigation are enforced,
and to take care that our officers are able to prosecute
offenders under those Acts without charge, as in England.
We require you also to admit appeals to us in all causes
affecting our revenue. And as we have never failed to
give you due and equal protection with our other
subjects, so we expect of you like obedience with them,
in default whereof we shall take such resolutions as are
necessary to uphold our authority. Draft. 2 pp. [Col.
Papers, Vol. XLVIL, Nos. 77, 77 I., and Col. Entry Bk.,
Vol. LXL, pp. 131-136.]
Oct. 21. 265. Duplicate of foregoing Order in Council. [Col, Papers,
Vol. XLVIL, No. 78.]
Oct. 21 (?). 266. Report of Lords of Trade and Plantations to the King,
Submitting the following draft of a letter from the King to
Massachusetts. It is with great trouble of mind that we reflect
on the methods which you have employed from the very beginning
of your plantation to the prejudice of our rights. Complaints were
made against you as soon as you were settled, and even in 1635 a
quo warranto was issued against you. On. our restoration we
received addresses of loyalty from you and assured you of our
favour, but presently found that two of the murderers of our father
were harboured by you. Then came complaints from our subjects
oppressed by you and refused the right of appeal to us, the
complaints of merchants and inhabitants of Maine, of Robert Mason
and of Ferdinando Gorges, on whose rights you had encroached.
We then in 1G62 sent Commissioners to you, who were received
with opposition by you, and by the proclamation that the General
Court was the supremest judicature in the province, which was
contrary to charter. We recalled our Commissioners and asked
y 93360.. I
130 COLONIAL PAPERS.
1681.
you to send agents, but you refused ; and so matters rested without
any instance of real duty on your parts. In 1674 fresh complaints
came from Robert Mason, Ferdinando Gorges and others, and we
bade you send your agents, who were several times made sensible
of your crime of coining money, for which you asked and received
pardon. It was found, too, that you constantly transgressed the
Acts of Trade, and that many of your laws were repugnant to the
laws of England. Your agents promised amendment of all these
things and we let them go, ordering you to send over fresh agents
within six months. Nearly a year later no agents had come, and
we were informed that you continued to oppress our subjects as
formerly. By our letter of 15th September 1680 we gave you yet
a chance, and bade you send over agents within three months,
which favour you have answered in your letter of 3rd June last by
frivolous insufficient excuses. At the same time we heard fresh
complaints of breaches of the Acts of Trade and Navigation,
of discouragement and illegal treatment of our officers, and of
misappropriation of forfeitures and fees. Understanding that all
the evil practices long complained of against you, oppression,
coining, and religious persecution are still rife among you, we
charge you once more to send over your agents, fully empowered,
within three months, failing which we shall order the Attorney-
General to bring a quo warranto against your charter next Trinity
Term. Draft with corrections. 12 pp. [Col. Pavers, Vol. XLVII.,
No. 79.]
Oct. 25. 267. Journal of Lords of Trade and Plantations. Mr. Binckes'
Council complaint against Sir R. Dutton for excluding him from his office
Chamber. of Clerk iQ chancery to stand over till Monday next.
Captain Morris, an officer of the Virginia companies, called in,
who says that when he left Virginia the two companies wanted but
four men to make them complete, and that the people were in an
extremely unquiet state in consequence of their extreme poverty.
A paper of Lord Culpeper's as to the companies held over till
Wednesday next, when the chief merchant of Virginia will
attend.
Ordered, on petition of Christopher Rousby, that he be furnished,
as he asks, with copies of Lord Baltimore's charges against him.
[Col. Entry Bk, Vol. CVL, pp. 294-295.]
Oct. 25. 268. Lord Culpeper to Lords of Trade and Plantations. Pursuant
to your orders of 18th instant, I offer 'these reasons why the small
force that the King has in Virginia should not be retrenched.
There is a vast difference between Virginia and the Island Colonies
by its situation on the terra fir ma. The Islands have little to fear
while England is master of the sea ; they have no native enemies
nor ill neighbours, and there is no shelter nor hope for rebels to
escape unpunished. In Virginia on the contrary (1) the Indians
have heretofore ruined the country and at this moment extremely
infest and distress it ; and although the neighbour Indians are
subdued and become tributary, yet, like banditti, a very few of
them in our scattered settlement can (and often have) cut off
AMERICA A&D WEST INDIES.
1681.
isolated families. And there is now extreme apprehension of an
invasion of the foreign Indians, particularly the Senecas, who ara
well armed, valiant, cunning, and numerous, and have this year
much alarmed us and Maryland. (2.) The north part of Carolina
has always been dangerous to Virginia, being the resort of the
scum and refuse of America, and as yet almost without the face of
Government. (3.) Maryland is at present in an unsettled condition,
and any disturbance there affects Virginia equally, the river alone
lying between the two. (4.) More dreadful and overwhelming
both to Virginia and Maryland is the low price of tobacco, our only
produce, and a " meene drugge." The consequences of the poverty
so engendered are more easily foreseen than prevented. There
has been a rebellion in Virginia already, which has cost and lost the
King above a hundred thousand pounds, and in some circumstances
in Europe might have been still more dangerous. The present
small force would probably have prevented it. If the like should
happen again the distance of the place would make the remedy
five times more expensive than at home. The Commissioners sent
by the King saw this and recommended the necessity of keeping a
small force. There are plenty of reasons, both old and new, for
continuing that force. I hope your Lordships will remember tho
great revenue that the King gains from Virginia more than all the
other plantations together and out of good husbandry (the very
same motive that brings the thing now on the stage) continue the
two English companies there. I beg that the Commissioners of
Customs may be consulted, and tho two companies continued not
only to preserve this income but to secure the peace of the country.
Pray also consult the chief merchants and planters. The remoteness
of habitation in Virginia, it should be remembered, makes militia
less useful and more expensive when used. In conclusion I say
that the peace of Virginia is insufficiently secured without the two
companies and the small war vessel already mentioned. 3 pp.
Holograph, Signed. Endorsed. Reed. 25 Oct. 1681. [Col.
Papers, Vol. XLVIL, No. SO, and Col. Entry Bk., Vol. LXXX.,
pp. 407-409.]
Oct. 27. 269. Journal of Lords of Trade and Plantations. Several
Acts of Nevis read and approved. The Lords think fit that the
title of Excellency be henceforth left out in all laws which are to
pass the royal assent, and that the terms of the King's Commission,
empowering the Governor to make laws, be .observed, and no
other.
Petition of the Governor and General Court of New Plymouth
read, praying for a new charter under the Great Seal, containing
provisions therein set forth. Ordered, that the several patents of
New England be examined and report made to the Committee.
[Col. Entry Bk., Vol. CVL, pp. 295-296.]
Oct. 28. 270. Acts of Jamaica passed 28th October 1G81 :
Act for regulating building and preventing fire. [Col. Entry Bk
Vol. XLIIL, p. 52.]
I 2
132 COLONIAL PAPERS.
1681.
Act encouraging the settling of this Island. [Col. Entry Bk.,
Vol. XLIIL, p. 55.]
Act for maintenance of ministers and the poor, and erecting and
repairing churches. [Col. Entry Bk., Vol. XLIII., p. 57.]
Act declaring the laws of England in force. [Col. Entry Bk.,
Vol. XLIIL. p. 63.]
Act for regulating fees. [Col Entry Bk., Vol. XLIII., p. 65.]
Act for ordering boats and wherries, and for the better govern-
ment of seamen. [Col Entry Bk., Vol. LXIII., p. 80.]
Act for prevention of law-suits. [Col Entry Bk., Vol. XLIII.,
p. 84.]
Act for establishing courts and directing the marshal's pro-
ceedings. [Col Entry Bk, Vol. XLIII., p. 86.]
Act for the better securing certain titles made by way of release
and confirmation under the Great Seal of this Island. [Col
Entry Bk., Vol. XLIII., p. 94.]
Act appointing where the laws of this Island shall be lodged.
[Col Entry Bk,, Vol. XLIIL, p. 95.]
Act for raising a public impost. [Col Entry Bk., Vol. XLIIL,
p. 98.]
House prorogued to 14th July.
Oct. 28. 271. Order of the King in Council. That the complainants
against the Bermuda Company not being ready on the appointei
day to make good their charges against Sir John Heydon, shall
pay three pounds to the Company in London for their default, on
producing a certificate whereof the matter will be heard on the
2nd November. [Col Entry Bk., Vol. XVII., pp. 95-96.]
Oct. 29. 272. [Mr. Omes ?] to Sir Thomas Lynch. You will find at
London. Jamaica a very honest gentleman, Mr. James Banckes, a merchant,
who has recently taken up his residence there. He is a person of
considerable fortune and trade, of excellent parts, and knowing in
public affairs, who may be very useful to you. I desire you
therefore to treat him kindly upon my account, assuring you that it
may be worth your while to be acquainted with him, his friends
here being loyal men and of good interest in our Court. There is,
I understand, one Alexander Home, lately imprisoned in Jamaica
for speaking some words against the Governor ! Perhaps it may
be fond malice or mistake (there being then no Governor upon the
place). I am told he is a loyal man and has very good relations
here, who desired me to procure your favour for his enlargement
upon your coming there, if he be not already released. 1 p.
Unsigned. Addressed to " The Hon. Sir Thomas Lynch, Governor
of Jamaica, now at Plymouth," and endorsed, "Mr. Omes, recom-
mending one Mr. Banckes, a merchant in Jamaica. [Col Papers,
Vol. XLVIL, No. 81.]
[Oct. 31.] 273. The answer of Henry Ball to the petition of Elizabeth
Binckes (see ante, No. 255). The writer acknowledges that,
having good advice of Charles Binckes's fitness for public employ-
ment, he, " upon an agreement between them," nominated him hia
AMERICA AND WEST INDIES.
1681.
Deputy in the Chancery Office of Barbados. Sir Jonathan Atkins,
however, refused to admit him to the office because of some words
which he was said to have used prejudicial to the King's revenue
(see previous volume, p. 535). Binckes then returned, but mean-
while Sir R. Dutton succeeded Sir Jonathan Atkins, and Ball
acquainted Sir Richard with Binckes's case, and with his intention
to return to Barbados. Then, hearing that Binckes had been cast
away at sea, he asked Sir Richard to put some one into the place
till he could learn for certain of the fate of Binckes. Binckes
- arrived a little before Sir R. Button's departure from Portsmouth,
and Ball then got Mr. Mountstephen, then Lord Sunderland's
Secretary and a friend of Sir Richard's, to inform him of Binckea's
intended return to Barbados, if possible, in company with His
Excellency ; but the ship sailed before Binckes was ready, and he
made what haste he could after Sir Richard, with a new deputation
for the execution of the office and a letter from the King in order
thereto. Ball last heard from Sir Richard in August last that he
had put Mr. John Doughty, who went over with him, into the office,
and wished, if it might be, to continue him therein. Soon after
Ball heard from Binckes that he had found some difficulty in
obtaining admission, but was promised it next Court-day. But a
few days later another letter came from him saying that the.
Governor had absolutely refused him admission, because of the
accusation aforesaid, and that he desired Ball to appoint another
Deputy. Ball thereupon, in order to do all he could in pursuance
of his agreement with Binckes, sent him a deputation for one
Mr. Parker, who had formerly filled the place many years ; and
since then has heard no more. Still fearing that the Governor
would neither admit Binckes nor any substitute for him into the
place, being unwilling to trouble the Lords of Trade, being unable
to dispute the point with the Governor, and desiring, if possible, to
live amicably with him, has agreed to proposals made to him here
on behalf of Mr. Doughty, though to his loss to the sum of 200Z.,
with this proviso : that the agreement should be void in case the
King in Council or the Lords of Trade and Plantations should
decide otherwise. One closely written page. Endorsed. Reed.
25 Oct. 1681. Read 31 Oct. 1681. [Col. Papers, Vol. XLVU.,
No. 82.]
[Oct. 31.] 274. The answer of Robert Chaplin, Agent to Sir Richard
Dutton, to the petition of Elizabeth Binckes. Sir Richard Dutton,
conceiving that he has done nothing but his duty towards Charles
Binckes, and expecting no complaint in respect thereof, left no
particular instructions to his Agent, who must therefore refer the
Lords of Trade and Plantation to the letters which they may have
received from him. Thus much, however, may be added : Certain
persons in London having lately obtained letters patent for some
offices in the Chancery of Barbados desired Sir Richard on his
departure to appoint some fit persons to officiate therein, and
empowered him to do so. Sir Richard, as Governor, is answerable
for the Government at large, and therefore for the due execution of
COLONIAL PAPERS.
1GSU
the duties of the Court of Chancery. Some time after Mr. Binckes
arrived in Barbados he produced a mandamus from the King
directing Sir Richard to admit the patentees to appoint a deputy,
but the said mandamus made no mention of Binckes or of any
particular person whatever. Binckes demanded admission to the
office on pretence of an ogreement with the patentees, which the
Governor does not find himself obliged by his instructions to notice.
The Governor also was informed that Binckes had spread certain
seditious reports in the Island, giving out that as soon as the
revenue on liquors should be raised the King would lay hands upon
it and give it away -to some lady at Court, or direct it to other uses
than those specified by the Act. Binckes himself confessed to the
Governor that he had spread this report. Sir Richard, according to
the desire of the patentees, appointed to the office one of whose
honesty and ability he was assured, and doubts not that he will do
the King and Island good service therein. The patentees have
declared themselves well satisfied with this choice, so that Binckes
has no colour of complaint against the Governor. Further
particulars could doubtless be supplied by Sir Richard himself.
I p. Endorsed. Read 31 Oct. 1681. [Col Papers, Vol. XLVIL,
No. 83.]
Oct. 31. 275. Journal of Lords of Trade and Plantations. The State of
Council Virginia. Lord Culpeper, Colonel Ludwell, Alderman Jeffreys,
and Captain Morris called in. - Mr. Jeffreys, asked if it be necessary
to continue the two companies of English soldiers, replies that
Virginia is at present poorer and more populous than ever. There
is great apprehension of a rising among the servants, owing to
their great necessities and. want of clothes ; and they may plunder
the storehouses and ships. He thinks the maintenance of these
companies more than ever necessary. Asked by what means the
price of tobacco may be raised, he answers that he knows of none
except making a less quantity. Captain Morris also says that the
servants are poor and ready to rise. He believes there are eighty
to a hundred thousand souls in Virginia. Agreed thereupon to
recommend that the two companies be continued and well paid.
Lord Culpeper is ordered to furnish a general account of Virginia.
Richard Shepherd, master of the ship St. George, lately come
from Maryland, reports that when he left it in August last the
country was under alarm of an invasion of Indians, but that he
knew of no quarrel between Protestants and Papists. Two persons,
Coode and Fendall, had been taken into custody on an information
that they had said that if the Parliament were dissolved my
Lord Baltimore should not be quiet in Maryland. They are since
released. He believes that there are thirty Protestants to one
Papist in the county. He knows of no talk in Virginia of fear of
an Indian invasion, though the much planting had caused great
poverty among them.
The petition of Elizabeth Binckes on behalf of her husband,
Charles Binckes (see No. 255), with an answer of Mr. Henry
Ball (see No, 273) were read, as also the answer of Mr. Robert
AMERICA AND WEST INDIES.
1681.
Oct. 31.
Council
Chamber.
Oct. 31.
Council
Chamber.
[Oct. ?}
Nov. 1.
Nov. 1.
Chaplin on behalf of Sir Richard Dutton. Two letters of Sir
Richard's, of 30th May and 14th June (ante, Nos. 123, 141),
also Binckes's petition to the Assembly and their address thereupon,
were read (see No. 165). After which the petitioner, having
stated her complaint by Counsel, insists that Mr. Binckes shall be
admitted to his place as Clerk, Register, and Examiner. Their
Lordships then agreed upon their report (see No. 290). [Col. Entry
Bk., Vol. CVL, pp. 207-300.]
276. William Blathwayt to Lord Culpeper. Asking for a
report on the state of Virginia, and an account of all moneys
received and expended in the Government. % p. [Col. Entry Bk.,
Vol. LXXXIL, p. 1.]
277. Lords of Trade and Plantations to the King. We have
considered the present state of Virginia, and learn from merchants
and others that the country is in great danger of disturbance, not
only through dread of Indians, but through the extreme poverty of
the country, which may cause the servants to plunder the stores
and ships, and commit other disorders as in the late rebellion. We
think therefore that while this unsettled condition lasts the two
foot companies of English should be maintained and well paid.
Signed. Anglesey, Clarendon, L. Jenkins, E. Seymour. [Col.
Entry Bh, Vol. LXXXIL, p. 2.]
278. Minutes of Council of Virginia. Extract of a letter from
Lord Culpeper to Colonel Bacon. If I should not come to Virginia
by the llth December and you have no other orders before the
Council, you should issue a proclamation, adjourning the Assembly
from the day appointed in January to a convenient day in April.
[Col. Entry Bk., Vol. LXXX1V., p. 100.]
279. Return of Imports from the American Colonies to the
Port of London from 1st October to 1st November 1681,
abstracted from the account of the Commissioners of Customs.
White sugar 830 cwt., brown sugar 24,650 cwt., ginger 122^ cwt.,
molasses 91 ^ cwt., aloes 35 tbs., casticorum 49 Ibs,, indigo
10,360 Ibs., annetto 350 Ibs., tobacco 109,550 Ibs., cow hides 69,
catskins 141, huff hides 768, bearskins 3, vizer skins (sic) 1,246,
tortoise shell 632 Ibs., elephants' teeth 28 cwt., old shruff (sic)
18| cwt., cacao 52 cwt., logwood 725 cwt., brazelette 459 cwt.,
pimento 7,357 Ibs., fustic 60 cwt., Nicaragua wood 14 tons,
lignum vitse 63 cwt., hand baskets 100 dozen, bast hats (sic)
4 dozen, aqua vitse 944 gallons, lime juice 1,512 gallons, cotton
wool 221 bags.
Account of Exports from the Port of London to the Colonies in
the same period. Thirty ships, sixteen of them bound to Virginia.
The goods exported are signified by numbers. [Col. Entry Bk.,
Vol. XCVI1., pp. 78-80.]
280. Minutes of Council of Barbados. The complaint of
Mr. John Witham against Michael Figges heard (see ante, No. 221),
13G
COLONIAL PAPERS.
1681,
Nov. 1.
Plymouth.
Nov. 2.
Nov. 2.
Whitehall.
Nov. 4.
Plymouth.
On hearing the evidence of Mr. Richard Pococke, whereby it was
proved that Figges accused Mr. Withara of embezzlement, His
Excellency bound Figges over, himself in 200. and two sureties
each in 100?., to 'good behaviour in future. Adjourned, to 15th
November. [Col. Entry Bk., Vol. XL, pp. 456-458.]
281. Sir Thomas Lynch to [Sir Leoline Jenkins?]. As the
honour to be in the province makes me support the danger and
hardships of my present employment, so the happiness to be under
the conduct and discretion of so prudent and just a Minister makes
me hope I may acquit myself with reputation. I therefore beg
your permission to make my frequent application to you, and that
you will give me your advice and commands in everything that
may occur. I wish particularly to know how I am to receive, or
the King's frigates to treat, the French that pretend to have
commissions of war from the Governor of Tortugas and the coast
of Hispaniola. To me it seems they are lawful, if the King of
France authorise that Governor to grant commissions of war
against the Spaniards. If he declares to the Spanish ambassador,
or to ours at Paris that he does not, I suppose they are then
frank pirates and ought to be treated as such ; so our rogues
will lose their subterfuge. However, it is a point that must be
cautiously managed, for (like hornets) they must not be provoked
unless they can be extinguished. A small frigate and no soldiers
will render us incapable of doing anything towards it. I wish we
may be able to defend our coasts and property against their rapine
and insults. We came hither yesterday, and this foul weather may
make us wait some time for the ships, so you will have time
enough, if your great affairs permit you, to honour me with your
commands. Holograph. 2 pp. Endorsed with a precis. Reed.
4 Nov. 1681. [Col. Papers, Vol. XLVII., No. 84.]
282. Copy of the proceedings of the Governor, Council, and
Assembly at a Court held at Elizabeth Town, New Jersey, from
19th October to 2nd November 1681. The story of a long wrangle
between the Governor and Council and the House of Deputies as
to the foundation of the Government, the end being that the
Governor and Council dissolved the Deputies, and that the Deputies
protested against the dissolution. 10 pp. Printed in New York
Documents, Vol. III., pp. 293-300. [Col. Papers, Vol. XLVIL,
No. 85.]
283. Order of the King in Council. . That the complaints against
Sir John Heydon and his defence having been heard, the matter
is hereby dismissed, and Sir John Heydon discharged from further
attendance touching the same. [Col. Entry Bk., Vol. XVII.,
pp. 96, 97.]
284. Sir Thomas Lynch to [Sir Leoline Jenkins?]. I have
your Honour's of 31st ultimo. Mr. Banckes may be assured of
what favour I can do his brother, and Mr. Hearne's friends of all
the right I can do him. Jf I had inclination to be neither civil
AMERICA AND WEST INDIES. 137
1681
nor just yet your commands would make it a duty (see JVo; 272,),
Holograph. 1 p. [Col. Papers, Vol. XLVII., No. 86.]
Nor. 6. 285. Sir Henry Morgan to Lords of Trade and Plantations.
St. Jago i have at last, after seven months holding of the Assembly (though
e la Vega, j mus ^ nee j s sa y w ith mu ch difficulty, cost, and charge), got the
Act of Revenue passed for seven years. But the Assembly, to
secure the country from what I intimated in my last to be the
grounds of their fears and jealousies, have annexed to it all other
Acts passed since their first sitting and have enacted that they
shall be of equal duration with it. Also, remembering that during
the Governments of Sir Thomas Modyford and Lord Vaughan the
King had for nine or ten years granted 600. a year towards the
making and maintenance of fortifications here, and that no part
thereof was applied to that purpose, they have settled 1,000?. a
year out of the impost for that use ; and that they may be sure
that it shall be duly employed as intended, they oblige all Governors
during the term of seven years to call annually an assembly, which
is to sit for at least ten days, to take an account of the disposal of
that money, and in case of misapplication the more regularly and
legally to beg redress, and represent that, or any other grievance,
to the King. The clause in the Militia Act I could not get passed
without a mitigation to the following purport, viz., that it shall
not be in the power of any Governor to force any inhabitant of
Jamaica to service or do any other thing contrary to the laws of
England. I heartily hope my well-intended endeavours may prove
to His Majesty's satisfaction. I shall think all my time, pains, and
expenses happily employed if they have that good success. You
will, I hope, believe that I had no motive thereunto but zeal in
the King's service ; I can hardly be suspected of any other, being
on the point of surrendering the Government. I am well pleased
that the tediousness in passing the Revenue Bill proceeded not
from any animosities or heats among the Assembly or any dis-
obedience to the King's commands. Never Assembly appeared to
submit more cheerfully to His Majesty's will, nor hold more
unanimously together. It was their anxiety to secure the country
against foreign powers, and guard private interests from being
impaired by the expense of fortifications in case the King's money
were misapplied, that caused the difficulties and the cautions and
the length of the session. The ships sail so suddenly that I cannot
possibly send the Acts now : they shall be sent by first opportunity.
I doubt not that when you have perused them you will excuse the
cautiousness of the Assembly and represent it favourably to the
King. 2 pp. Signed. Endorsed. Reed. 28 March '82. [Col.
Papers, Vol. XLVIL, No. 68,]
Nov. 6. 286. Sir Henry Morgan to Sir Leoline Jenkins. After all our
St. Jago, difficulties and uncertainties, things are now, I hope, brought to a
lucky conclusion. The Revenue Bill is passed for seven years, so
the King gives his consent within a year and a day. I gave my
assent on 28th October last, and prorogued the Assembly till 12th
138 COLONIAL PAPERS.
1681.
July. The long delay was due to the Assembly's fear that the
country would be charged with the expense of the fortifications if
a certain sum were not secured for the purpose, and that they
would be forced to purchase laws of Governors, who well know the
cost of assemblies, and none better than I. Having secured them-
selves by making the Acts indefinite and appointing a thousand
pounds a year to the fortifications they passed the Bill for seven
years. I hope that their proceedings may be pleasing to the King.
It is only with great difficulty that I have got things done as they
are ; and I fear that if they be rejected it will be hard for any
Governor ever again to obtain the like. I am sure the revenue
will answer all expectations of the Governor and Government ; if
the King should keep his captain -general, lieutenant-general, and
major-general, the greatest difficulty will be between this and
March. Afterwards all will be easy and pleasant. I wish I had
found the colony in the position wherein I leave it. Signed,
Hen. Morgan. 1 p. Endorsed. Rec. 28 March 1682. [Col
Papers, Vol. XLVIL, No. 87.]
Nov. 10. 287. Journal of Lords of Trade and Plantations. Petition of
Council Robert Mason against the proceedings of the Council of New
iara er> Hampshire read, together with a letter from Mr. Chamberlain
justifying his complaints. An address from the Council to the
King concerning Mr. Mason read. Agreed to report that the
Council has exceeded the direction of the King's commission, that
the persons who have been active in promoting these abuses be
put out of the Council, and that Mr. Richard Waldern in particular
who, since the death of Mr. Cutt, has been President, be removed.
Also, that the law lately passed in the Assembly concerning the
propriety of lands be repealed as contrary to the King's commission,
whereby the Council is only empowered to interpose their en-
deavour in accommodation of the differences between Mr. Mason
and the inhabitants. [Col. Entry BL, Vol. CVI., p. 301.]
[Nov. 10.] 288. Petition of Robert Mason to the Lords of Trade and
Plantations. Petitioner's rights in New Hampshire, derived from
a grant of King James I., were confirmed by the King by his com-
mission of 18th September 1679, in consideration whereof petitioner
entered into an agreement with him for the protection of the
inhabitants (see previous Vol., No. 1041). On petitioner's arrival
in New Hampshire last December, confident after twenty years
soliciting of the King of enjoying his just rigKts, he was opposed by
the Council. They had already given petitioner's lands to each
other and sold them to purchasers at dear rates, and their first act,
contrary to the King's commission, was to confirm this arbitrary
disposal, expressly repudiating all charges consequent en the King's
decision with reference to the petitioner. He nevertheless declared
his right to the inhabitants and expressed his willingness to confirm
their rights and give them more land on very reasonable terms.
He made the same offer to every member of the Council individually.
John Cutt accepted the offer and expressed his dislike of the
AMERICA AND WEST INDIES.
1681,
Council's proceedings ; and through his influence half the
inhabitants, and of the better sort, came to petitioner to have their
lands confirmed. Richard Waldern and Richard Martyn of the
Council, with Joshua Moody, a preacher, excited the people against
any such agreements. Seditious sermons are preached and scan-
dalous libels scattered abroad for the purpose. Some were upbraided
and others threatened for owning petitioner's title ; and the Council
made it its business in the several towns to go from house to house
and dissuade the people. Yet most of those who stood out said
openly that if the Council ordered them to pay their quit-rents
they would do it. After the death of John Cutt, Richard Waldern,
the new president, summoned petitioner's stewards before him, took
away their deputations, threatened to punish them for demanding
his quit-rents, and forbade his servants to fell in his woods
without first obtaining leave (which petitioner granted to all that
asked it) requiring them in the King's name and at their peril to
desist. To bring matters to a head, petitioner summoned Richard
Waldern, Richard Martyn, and others to appear, personally or by
attorney, before the King in Council within three months, to set
out the titles to their pretensions, failing which he would seek the
King's final judgment against them. Meanwhile he cautioned
the Council against using the King's name for private ends, or
interrupting petitioner in the prosecution of the Royal authority.
Hereupon Waldern, Martyn, and others issued a warrant for arrest
of petitioner (see ante, No. 113), and Richard Martyn told him
that if they could handsomely meet with him they would stop his
voyage to England, and, indeed, they solicited the master of the
ship not to receive him on board. Petitioner begs that the arbitrary
and illegal proceedings of the Council may be annulled, that the
inhabitants may be required to receive him as lawful proprietor,
that the persons who have so persistently defied the royal authority
may be summoned before the King in Council to set forth their
titles if they can, that persons who refuse to come to terms
with the petitioner as sanctioned by the King may be inhibited
from felling timber except for such firewood as they need, and that
the royal authority may be endorsed in petitioner's favour. Two
closely written pages. Endorsed. Read 10 Nov. 1681. [Col.
Papers, Vol. XLVIL, No. 88.]
Nov. 11. 289. [Sir Leoline Jenkins ?] to Sir Richard Button. A letter
Whitehall. o f recommendation in favour of Mr. Samuel Feny, merchant of
Barbados, suggesting that he should be made a Justice of the Peace
or one of the Assistants to the Judge of the Court of Common
Pleas. 1 p. [Col, Entry Bk, Vol. XCIX., p. 92.]
Nov. 11. 290. Order of the King in Council. Report of the Lords of
Whitehall. Trade and Plantations. In obedience to Order in Council. of 12th
October (see ante, No. 255), we have examined the case of Charles
Binckes, and have heard Counsel on behalf of the complainant.
We report that we see no reason why the said Binckes should not
be admitted to the place of Clerk Register and Examiner of the
140 COLONIAL PAPERS.
1681.
Chancery of Barbados, according to the deputation given to him
by Henry Ball, provided that the Clerk Register and Examiner be
one otb'ce. But if they be several offices, the deputy may declare
which he desires to execute and shall be admitted to that and to no
other, in pursuance of your Majesty's instructions to Sir Richard
Dutton to that end. As regards the information of Sir Richard
touching the scandalous reports attributed to Charles Binckes, we
recommend that it may be signified to him that he has sufficient
authority to prosecute the said Binckes at law (if he see cause) for
any misdemeanour committed by him. And we propose further
that your Majesty will declare that you never intended the said
duty on liquors to be otherwise disposed of than as appointed by
the Act and will never consent that it shall be diverted in any
manner whatsoever. Dated 10th November 1681. Signed,
Anglesey, Clarendon, J. Ernie, L. Jenkins, Worcester. Ordered
in Council accordingly. Sir Leoline Jenkins to prepare a letter
for the Royal signature to Sir Richard Dutton. Signed, Francis
Gwyn. 2 pp. Endorsed. [Col. Papers, Vol. XLVII., No. 89,
and Col. Entry BJc. (report only), Vol. VII., p. 103.]
Nov. 12. 291. Sir William Stapleton to Lords of Trade and Plantations.
Nevis. This is most humbly to pray your Lordships to procure the arrears
of the two Companies (see ante, No. 188), and of my ownjsalary, now
running in the fourth year, besides my arrears in Sir Tobias Bridges'
regiment. Necessity compels me to this oft-repeated importunity,
the soldiers as well as the planters being in a starving condition
after two hurricanes, which have destroyed all manner of Indian
provisions by which they might subsist until the European came.
The French Governor of St. Christophers, Chevalier Saint Laurens,
is come out with more soldiers for the Island ; but he calls first at
Cayenne on the Main, where he leaves some soldiers. He is daily
expected. The French soldiers do not want for flour, meat, or
brandy, while ours are naked and starving. It were much more
honourable to disband them than to famish them. I am ashamed
to trouble you so often with this " to be pitied subject." I have
now intelligence of the Indians preparing forty periagos at
Dominica, from St. Vincent and the Main to come against some
of these islands (see ante, No. 190). I have ordered guards to
be doubled. Holograph. 1 pp. Endorsed. Rec. 4 Nov. 1681.
Presented in Council, February 1681. [Col. Papers, Vol. XLVII.,
No. 90, and Col. Entry Ek, Vol. XLVII., pp. 26-27.]
[Nov. 13.] 292. Articles against Richard Waldern and Richard Martyn of
the Council of New Hampshire. 1. They have taken upon them-
selves to be of the Council without taking the oaths of allegiance
and supremacy. 2. They have opposed to the uttermostihe settling
of the royal authority and excited others to the like. 3. Waldern
has spoken dangerous words against the King. 4. Martyn has said
several times that the King has no more to do in New Hampshire
than Robin Hood. 5. Waldern has caused many Indians to be
barbarously and perfidiously slain in time of peace, whereby many
AMERICA AND WEST INDIES.
141
1681.
Nov. 15,
Nov. 16.
Nov. 15.
Nov. 16.
Nov. 16.
Whitehall.
Nov. 18.
Whitehall.
English were killed. Rough draft, ) p. Endorsed. Presented
by Mr. Mason, 13th November 1681. [Col Papers, Vol. XLVII.,
No. 91.]
293. Minutes of Council of Barbados. The Speaker of Assembly
delivered a bill to continue the Act of Public Accounts which was
returned for amendment ; he delivered also an address praying for
the grant of warrants for payment of several creditors. His
Excellency informed the Assembly that the forts were nearly
finished and that they must consider how to provide them with
guns.
The Assembly brought up the Bill for Public Accounts which was
read thrice and passed. A Bill appointing red coats to be worn by
all the foot militia read thrice and passed. Order for payment of
Colonel John Codrington passed. His Excellency consented to
issue the warrants requested by the Assembly. [Col. Entry Bk.,
Vol. XL, pp. 459-464.]
294. Journal of Assembly of Barbados. In the absen ce of
Edward Littleton, William Sharpe elected Speaker. The Governor
and Council returned to the House several orders presented at their
last sitting for the payment of Edward Rownton and several gunners,
&c., with the following direction, that the payment be restricted
to such funds as were in the Treasurer's lands or whereof the levies
were passed before his Excellency's arrival, the funds raised since
being appropriated to certain uses by the several acts. Address
from the House praying the Governor to issue warrants accordingly.
Bill for Committee of Public Accounts passed.
Bill for Committee of Public Accounts returned for amendment by
the Governor and Council, and with amendments passed. Bill
appointing red coats to be worn by all the foot militia. On the
petition of Colonel John Codrington ordered that John Hallett pay
him 30,000 Ibs. of sugar or the value thereof in money at 10s. per
100 Ibs. for his care of the magazines. On the petition of Ambrose
Taylor, the House recommends the Governor to grant him payment
of 1,200 Ibs. of sugar; and on that of John Jephson to grant him
2,990 Ibs. Ordered that next sitting the Clerk lay before the House
all such Acts as impose fines or penalties on any offenders, and
appoint the same to the use of the country. [Col. Entry Bk.,
Vol. XIII., pp. 454-458.]
295. The King to Sir William Stapleton. The officers in our
Colonies having been remiss in their duty of giving us an exact
account of the course of trade therein, you will direct the Naval
officer of your Government to keep particular accounts of all exports
and imports, and of shipping, giving the names, burden and guns,
and transmit them to the Lords of Trade and Plantations. If fit
officers for the duty be wanting you will appoint them. Signed,
Sunderland. [Col. Entry BL, Vol. XLVI., p. 461.]
296. The King to Sir Richard Dutton. Charles Binckes has
complained to us that you refused to admit him to his office of
142
COLONIAL PAPERS.
Nov. 19.
Council
Chamber.
1681.
Examiner in Chancery of Barbados. The Lords of Trade and
Plantations report that they see no reason why he should not be
admitted thereto, and you will therefore admit him. As to the
offence that you charge against him you have sufficient authority
to prosecute him. 1 pp. [Col. Entry Bk., Vol. XCIX., pp. 93,
94]
297. Journal of Lords of Trade and Plantations. Lord
Culpeper being in attendance on the affairs of Virginia, the petition
of the owners of the ship Planter's Adventure (see next abstract),
was presented by him and read. The Lords, however, are of
opinion that, there being an Act of Assembly of 1G77 which
dissallows this exception of Virginian owners, as well as an Order
in Council of 14th October 1680 which vetoes an enactment
conferring it on them, the petitioners have no claim to the
exemption for which they ask. The Virginian Assembly, however,
is at liberty to submit the draft of a Bill legalising such exemption.
Lord Culpeper represented the great abuses committed in Virginia
by masters of ships who make false entries to avoid the duty of two
shillings a hogshead, and that the same cannot be discovered
otherwise than at the unloading of the ships in England ; for which
he desires that orders may be given. The matter was referred to
the Commissioners of the Treasury. Agreed to recommend that
the King send three hundred pounds worth of flax seed to Virginia.
Lord Culpeper 's new Commission considered. List of the Council
to be inserted in the Instructions instead of the Commission. [Col.
Entry Bk., Vol. CVL, pp. 305-307.]
[Nov. 19.] 298. Petition of Nathaniel Bacon, John Page, Thomas Thorp,
and George Poindexter, owners of the ship Planter's Adventure,
to Lord Culpeper. Petitioners purchased the said ship on the
encouragement given to Virginian owners of by particular order of
the Assembly (see previous Vol., No. 447). Since then they have
learned that the King and the Lords of Trade and Plantations
have made an objection to the Order in favour of Virginian
owners ; therefore beg you to intercede with the King to permit
them to preserve their privilege to them for so long as the ship be
fit to go to sea. She is now over nine years old and never carries
above four hundred and forty or fifty hogsheads a year. The loss
to the King would be small and the relief to petitioners great (see
ante, No. 150). 1 p. Endorsed. Reed. 19 Nov. 1681. [Col.
Papers, Vol. XLVIL, No. 93.]
Nov. 22.
Council
Chamber.
299. Order of the King in Council. That the payments for
the two foot companies in Virginia and for their staff cease at
Christmas ; and that the companies be disbanded by Lord Culpeper
unless the Governor and Council and Assembly of Virginia be
willing to pay them. The Lords of the Treasury are to see that
all arrears due to them up to Christinas are paid at that date.
The Lords of Trade and Plantations are to inspect the revenue of
Virginia to prevent abuses in the management and disposal thereof.
I p. [Col. Entry Bk., Vol. LXXXIL, pp. 2, 3.]
AMERICA AND WEST INDIES.
143
1681.
Nov. 22.
Council
Chamber.
Nov. 22.
300. Journal of Lords of Trade and Plantations. Several Acts
of Antigua read.
Draft of new Instructions for Lord Culpeper ordered on the
model of Sir Thomas Lynch's. His Majesty coming into the
Council, the report of the Lords on the two foot companies in
Virginia was read, recommending that they be continued and well
paid. Ordered, that the payment to them from the Exchequer shall
cease, and the companies be disbanded unless Virginia is willing to
pay for them. The Commissioners of the Treasury ordered to pay
their arrears. The Lords of Trade and Plantations also are directed
to examine the revenue of Virginia and check abuses therein.
Letter from Barbados of 1st October with the proceedings of
the Council concerning an exchequer read. [Col. Entry Bk.,
Vol. CVL, pp. 307-309.]
301. Memorandum. A letter, dated 28th September 1681, was
this day sent to Sir Thomas Lynch, being to the same effect as the
circular letter, and letter touching the Act of Navigation sent to
Lord Carlisle (see previous volume, No. 628). A postscript from
Sir L. Jenkins impressed on the Governor the duty of regular reports
to the Principal Secretary of State. Also were sent on the same day
two letters dated llth October 1681 to the Governor and Council
and to the Secretary for quarterly accounts ; that to the Secretary
rebuking him for his remissness in observation of former orders.
All three letters were signed, Anglesey, Conway, Hyde, L. Jenkins,
E. Seymour. [Col Entry Bk., Vol. XXX., p. 46.]
[Nov 23.]
Plantations
General.
302. Form for a return of all goods exported from one of the
Plantations to another. Endorsed, " Sent to the officers of the
Customs, 15 and 23 Nov. 1681. Sent 14 Feb. 1681 [2] to Mr. Guy
for the Commissioners of Customs. 1 p. [Col. Papers, Vol. XLVII.,
No. 94.]
Nov. 23-24. 303. " Journal and narrative of Jonas Clough, an Englishman,
lately prisoner with the Spaniards, containing a true and just
account of his own and many more Englishmen's sufferings under
the Spaniards, being a true relation of their unchristian and
inhuman usage to them in those parts, put into writing by order
of the Honourable Sir Martin Westcombe, Knight, Consul and
Agent to his most Serene Majesty of Great Britain in Cadiz." The
narrative opens with the arrival of the ketch Susan of London,
Ralph Morris, master, at the Island of Trist, for logwood, having a
pass from the Earl of Carlisle. In the following month she, with
three other English ships, was captured by the Spaniards, together
with all the men on board. Some who were ashore at Campeachy
escaped, but were forced to remain where they were and feed on
" monkeys, guyanas, and other loathsome reptiles " that the place
afforded, being unable to get back to Jamaica for want of shipping.
After a time, however, they obtained canoes, and as many as could
be embarked sailed in them to Trist. There they found two New
England sloops and another, and were intending to sail to Jamaica,
when, on the 8th April 1680, the Spaniards came, took two of the.
14i COLONIAL PAPERS.
1681.
sloops and forced the third ashore on Beef Island, called by the
Spaniards Jica Lanoga, to which the men that remained untaken
removed themselves, some eighty in all. The Spaniards followed
them up with five hundred men, routed them, killed and wounded
a few, and took all their canoes but one. All through May the
Spaniards attacked and took several other English ships, though
they were beaten off by Captain Robert Oxe in the Laurel of
Boston. In the middle of the month the English on Beef Island
being helpless surrendered on terms, being promised security for
their lives, persons, and wearing apparel, and that they should be con-
ducted to Jamaica or Caymanos. The number that thus surrendered
was between eighty and ninety. The Spaniards having burnt the
English houses, sailed with their captives for Campeachy, where
they committed them to a dark dungeon, and allowed them daily
a pint of " loblolly " made of Indian corn or " mayez." In June
the whole of the prisoners were embarked and carried, contrary to
treaty, to Vera Cruz. Here the English were landed and packed
into " a close and stinking tan-house " where they were almost
poisoned by the stench of raw and putrid hides. They were for
three days given nothing to eat, and were then employed in
carrying away sand in handbarrows. Appealing to the terms of
their surrender they were told that when they had made a bridge
of sand to Europe they would be allowed to go. Finally, after much
hard usage they were shackled together two and two and marched
up to Mexico, where they were paraded through the streets in
their chains with trumpets sounding before them. After a fort-
night in prison they were distributed among different houses to
work with smiths and other laborious artificers. After three
months they were again remanded to prison and sent up some leagues
from the city to work with weavers. Here they were crowded a
hundred in a room, almost eaten up with lice, given bad food and
little of it, and compelled to card ten pounds of wool a day. Their
masters told them that they were slaves, and that they had bought
them of the Government of Mexico for six pieces of eight a head.
Many fell sick and were put into the hospital where they were most
barbarously used. One who died was dragged through the city
by Indians, obscenely mutilated by the scholars of the free
school by order of the clergy, and left to the dogs ; nor were his
countrymen allowed to bury him. Meanwhile some were drafted
for the pearl fishery whence there is no hope that they will ever
return. Many attempted to escape but were recaptured. Jonas
Clough after several failures at last managed to escape, first to
Havana in the Armada of Barlovento, and then to Cadiz in a
Portuguese ship the only man that escaped of a hundred and
thirty-six souls that marched from Vera Cruz to Mexico. On the
voyage he learned from a franciscan friar of other English prisoners
at Lima. He also heard of over seventy-five more at Saint Angelo,
and others on the Armada of Barlovento. List of prisoners, men
and women, is appended, numbering a hundred and fifty names.
Sworn depositions of several other escaped prisoners also appended,
confirming and supplementing Clough's statement. The whole )
AMERICA AND WEST INDIES. 145
1681.
22 pp. Endorsed. Reed. 20 Dec. 1682. Read at the Committee,
18 Jan. 1682-83. [Col. Papers, Vol. XLVII., No. 95.]
Nov. 24-. 304. Minutes of Council of Barbados. Copies of warrants for
payment of salaries approved on 15th November. [Col. Entry Sic.,
Vol. XL., pp. 465-472.]
Nov. 26. 305. Journal of Lords of Trade and Plantations. Lord Culpeper's
Council old Instructions with his answer to the several particulars read
}er> (see A T o. 320). Ordered, that Colonel Philip? Ludwell and Colonel
Wormley be put into the Council. Lord Culpeper called attention
to complaints which are often made by Indians against the English,
and desired instructions how to act thereon. The Lords think that
on the notoriety of the fact, through statement of the Indians or
otherwise, the offenders be punished by the Governor and Council
or by the General Court, though no oath intervene. The Indians
also are to be admonished to punish such of their own people as
have been found to have made false complaints. The Governor
also is to be instructed to devise, with the half of his Council, some
effective means for administering justice between Indians and
English. Lord Culpeper informs the Lords that there is but one
papist in Virginia, and about one hundred and fifty dissenters
who call themselves " Sweet Singers." Ordered, that the instruction
to Lord Culpeper about religion be verbatim the same as that to
Sir Thomas Lynch. An instruction also is to be prepared, that the
Governor recommend to the Assembly the substitution for the
poll-tax of an impost on imported liquors, and endeavour to get it
passed for a long time, to which end he may offer that it be
appropriated to the public use of the Colony. Agreed that the
musters of the militia be settled so as to be most easy to the Colony.
Lord Culpeper ordered to send lists of every troop and company
that the King may know what force can, in case of need, be brought
together ; also to deliver a survey of the stores in Virginia, i'or
which Captain Morris will furnish him with an account of the
arms left in Virginia. Accounts of stores and public powder to
be furnished regularly in future. The Surveyor to furnish surveys
of the land set out and patented to the inhabitants. [Col. Entry
Bk. t Vol. CVI.,pp. 309-311.]
Nov. 29. 306. Extracts from letters to the Royal African Company from
their factors in Barbados. 30/t Nay 1681. We must acquaint the
Company that whilst we were selling negroes on board their ships,
an interloper arrived at the leeward end of the Island with about
a hundred negroes, which were then put on shore without inter-
ruption. Nor is it in our power, do what we can, to prevent it
without the assistance of the man-of-war, which has not cruized
since the arrival of our new Governor. We have addressed ourselves
to him on the subject, and he replies that he would willingly give
the Company all the assistance that he safely could, but complains
of the want of effectual orders to do all he would. We beg the
Company's further assistance herein, for without it the interlopers
y 93366. *>
146 COLONIAL PAPERS.
1681.
will spoil the trade and do what they please, for they carry their
heads very high. 2nd July. We heard with great satisfaction of
the capture of the Vyner, an interloper, by the Norwich frigate in
Jamaica. We should have been as satisfied if the Richmond had
taken some of the many that come here, but for the reason
formerly given she has not been ordered out since Sir R. Button's
arrival. About ten days since she was ordered to cruise round the
island, but returned in three or four days, being, as the captain and
officers affirmed, unable to keep the sea till she is careened, the
sheathing being loose and the ship very leaky. It is said she will
sail in a few days to Jamaica to refit, so we presume it will be six
months before we see her again, if then, when, unless more stores
and provisions be not sent hither, she must go to England. So
that we look upon the island as, in effect, without a frigate for more
than twelve months, at which the interlopers much rejoice, not
caring to have a ship of war here. The Vyner did some damage
to the Norwich when taken, and they bemoan the misfortune that
she did not sink the King's ship by striking her amidships with
her stern, as was designed. 9th November 1681. Unless the King
support the Company and discountenance those in places of trust
who ought to support his rights, but instead thereof not only are
breakers thereof themselves but encourage others, we shall never
see the Company established in full enjoyment of its grant.
Colonel Henry Drax and Mr. John Peers of the Council of
Barbados are such men, and also, as we are informed, Colonel
Christopher Codrington, Lieutenant- Colonel John Codrington, and
Mr. Samuel Husbands ; it would be well if the King displaced
them from the honour and trust which they so much abuse. Two
interlopers have lately landed their negroes at the usual point to
leeward ; one carried ninety, the other a hundred and ten. We could
not prevent it. No one will help us now the man-of-war is gone.
If she were here the Governor would not let her meddle with
interlopers without the King's further order. Copies. 2 pp.
Endorsed. [Col Papers, Vol. XLVII., No. 96.]
[Nov. ?] 307. "Draft of a memorial to be delivered to Don Pedro
Ronquillo touching injuries done to the English in America." The
King, hearing of the spoils and oppression sustained by divers of
his subjects in America by the subjects of the King of Spain, has
commanded the following abstract of the facts to be given in to
the Spanish ambassador. In January 1680 Captain Bockingham's
ship the John, of London, 300 tons, 20 guns and 7 men, the
Loyal Farmers, pink, of Boston, New England, the Susan, ketch,
Ralph Morris master, and a ship belonging to Hugh Pering of
New England, together with other vessels, were seized by the
Spaniards at Triste and carried to Campeachy. In May 1680
John Whitehead, master of the barque Expectation, who had no
Spanish commodity on board, and Captain Oxe, of the Laurel,
were violently seized by the Spaniards. In August 1680 the ship
Bear, William Diggins, master, and the Fortune, John Smith
waster, were also taken, and their men sent prisoners to Vera
AMERICA AND WEST INDIES. 147
1681.
Cruz. All this contrary to the Treaty of T 8 g-th July 1670, wherein
it is provided by the 3rd, ]0th, and 15th Articles that both parties
shall abstain from depredations, and that subjects of either nation,
if forced by stress of weather or other cause into the ports of the
other, shall be treated with kindness and humanity, and allowed
the means of refreshing themselves and repairing their ships.
Notwithstanding this, the Anne of Bristol, Thomas Shellam
master, being forced in July 1680 into Vera Cruz by sickness
and want of provisions, was seized by the Spaniards, the crew
imprisoned, the cargo ruined, and the vessel itself, after much
hardship had been used to the crew to induce them to make such a
confession as would lead to its confiscation, was finally sold for
the benefit of the owners. It is also proved, by undeniable
testimony, that in April 1680 the Spaniards seized several English
subjects in the Isle of Trist, took two sloops, and forced a third on
shore. Some of the English having escaped were attacked by
the Spaniards, who killed one and wounded three. The rest
surrendered on terms which were broken. (Recapitulation of the
story in No. 303). The number of English subjects now
prisoners in and about the city of Mexico, the Armada de
Barlovento, Havana, and elsewhere is between three and four
hundred souls, who, notwithstanding their appeals for justice, can
never obtain redress from the Spanish Governors. There arc
several other complaints of injuries done by Spaniards, which will
be represented in due time when the evidence has been collected.
The King hopes that His Catholic Majesty will immediately give
orders for the liberation of the imprisoned English, and the
repairing of those who were despoiled at Trist, in pursuance of
their capitulation, which the King insists may be duly observed ;
also that His Catholic Majesty will instruct his Governors to
observe the Treaty of 1670. Draft on half margin, with
corrections. Endorsed as here headed. 20 pp. [Col. Papers, Vol.
XLVIL,No, 97.]
[Dec. 3.] 308. Petition of Reginald Wilson, of Jamaica, to the King.
Prays for appointment by patent to the naval office of Jamaica
erected by Sir Thomas Lynch (see ante, 213), 1 p. [CoL
Papers, Vol. XLVIL, No. 98.]
Dec. 3. 309. Journal of Lords of Trade and Plantations. Petition of
Reginald Wilson, of Jamaica, read (see preceding abstract), together
with Sir Thomas Lynch's letter of 1st September concerning him
(see No. 213). Agreed to recommend that the naval office be
granted to Wilson by patent, provided it be executed in person and
not by deputy.
Act of Antigua read, enabling Thomas Ball to sell land. The
Lords disapprove it, thinking it wrong that the estate of
inheritance of any private person should be disposed of by Act of
Assembly except on extraordinary occasions, and after directions
of the King obtained. Ordered, that Sir William Stapleton be
instructed to suspend the operations of the Act unless the land be
COLONIAL CAPERS.
1681,
already sold, and to report. [Gol. Entry Bk. } Vol CVL, pp.
312-314.]
Dec. 3. 310. Lords of Trade and Plantations to the King. Recom-
Council mending the granting of letters patent to Reginald Wilson
Chamber, constituting him naval officer at Jamaica (see preceding abstract).
Ordered by the King in Council accordingly. [Col. Entry Bk.,
Vol. XXX., p. 52.]
Dec, 6 311. Sir Jonathan Atkins to Lords of Trade and Plantations.
I have had some difficulties in obeying your commands, owing to
indisposition arising from change of climate from the West Indies,
and a hurt received on shipboard during my passage home. I
could not attend you before, and I do not now think it worth
while to repeat all the circumstances of the Government of
Barbados, which I have so often laid before you ; and I apprehend
rather that you expect of me an account of the Island exactly as
it stood when I left it, with all possible brevity, so far as my
memory will serve me. My papers, which extend over a Govern-
ment of some length, were disordered by my sudden departure,
and some of them lost. First, as to the Church. I found it in
disorder enough, the churches being for the most part incapable of
receiving the people, and the incumbents of performing their duty.
By the Bishop of London's help, I got the place supplied with able
and orthodox ministers, and prevailed with the people to repair
the defective churches arid rebuild those ruined by the hurricane.
This is now done, and the eleven churches of the eleven parishes
are now as decent and in as good order as in such a place could
be. The maintenance of the ministers is derived two ways : one
by a law of the country which gives them only a pound an acre,
the collection whereof, owing to the size of the parishes, some of
which are six miles long, does not amount to a competent
maintenance. In every parish, therefore, they allow a certain
exhibition (sic), which amounts to forescore pounds a year besides
perquisites, which is assessed by the vestry and included in the
rates for the expenses of the poor, ministers, and churches. This
is paid to the minister either quarterly or annually, and the salary
is augmented or diminished according as the minister pleases or
displeases them. It were well if it could bo brought to certainty
without dependence, but they will never be brought to alter their
customs, though I did endeavour it. I hear that I am blamed for
suffering one Mr. Grey to continue as minister, though not in holy
orders. It is true that there was such a minister there, and had
been there for more than twenty years. I had no complaint against
him ; his parish loved him well, but whether he were ordained or not
1 cannot say. If he were not, I am sure I could not ordain him.
He was orthodox in his doctrine and well observed the rules of
the Church of England. Moreover, the 15th paragraph of my
instructions forbids me to suffer any man to be molested or dis-
quieted in the exercise of his religion, so he be content with a
quiet and peaceable enjoyment of it, not giving offence or scandal
to the Government. The Governor himself is required to be of
AMERICA AND WEST INDIES. HO
1681.
the Church of England and to recommend that religion, with
discretion to others. I found in Barbados that my constant going
to church did more to make others frequent it than if it had been
imposed on them, and when I left there was not one church which
did not observe all the rites of the Church of England. As to the
courts of justice, I informed you that there were five, consisting of
a judge and four assistants. I lately sent you their names. Trial
is by juries, made up of the freeholders in the several districts.
Four courts would suffice, but they are so jealous of any alteration
of their first constitution that when Francis, Lord Willonghby,
tried to reduce them to three, they never had the least kindness to
him, believing that if any of the privileges granted them through
Lord Carlisle might be taken away, their properties might follow.
The Assistants have no profit from their places, and are elected as
near as may be of persons most fitted for the duty. The judges
issue writs from their several courts, under their own hands and
seals, for which they are allowed small fees established by local
Act. All fees of court and of officers are fixed by Act, though how
well observed I cannot say. After a verdict they may bring a
writ of error, which is brought before the Governor and Council,
sitting as a Court of King's Bench or something of that kind, and
observing the same methods as that Court in England. There is
also a Court of Chancery, the Governor being Chancellor by the
King's commission. He sits in Chancery every month by law of
the Island, and is obliged to have four of the Council to sit with
him, and as many more as will come may give their votes ; the
majority carries it, and the Governor has a casting vote, which is
seldom needed. I gave you a full account of the Militia, from
the Colonels and Field Officers (see previous volume, Nos. 1330
XXVIl.-xxxiv.). Mustermasters they will not admit, for two reasons.
First, because all are obliged to find and bear arms, and they think
it hard to increase the burden of the poor. Secondly, the planters
By the Militia Law are to find arms and men both for horse and
foot. Though they have arms they lack men, population decaying
owing to want of land, so if the law were strictly executed it would
be very hard on them. I gave you a particular account of the forti-
fications. When I came first to Barbados most of them were down,
being built too close to the sea, and the guns and carriages lying
in the water, so I was forced to build new works and constrained
to be engineer myself, there being none other that understood
anything of fortification. I erected several new works and closed
all that had before been but batteries, made courts of guard for
the arms and lodgings for the officers, and mounted two hundred
pieces of ordnance on the batteries. I gave you an account of all
this. At my departure I left fifteen hundred firearms in store,
which were bought by the country's request in England, and for
which it has paid or must pay. Since I entered upon the Govern-
ment, the King has been put to no charge for fortifications, guns,
or gunners, which I am sure cannot be said of any other Colon} 1 -.
I left also five hundred barrels of powder, collected by a local law
which requires every ship to bring one pound of powder for every
150 COLONIAL PAPERS.
1681,
ton that she carries. I also left ball and gear for the great guns,
a good quantity of small shot, and other necessaries, all of which
cost the King nothing. I sent you an account of the population.
I reckon the negroes at forty thousand, but it is impossible to give
a certain account of them. Finally, I left the Island better than I
found it. Holograph. Five closely written pages. Endorsed.
Rec. 6 Dec. 1681. Bead 27 Jan. 1681. [Col. Papers, Vol. XLVIL,
No. 99.]
Dec. 6. 312. Extract of a letter from Christopher Rousby to Robert
Ridgely. You will be doubtless be surprised to hear that I am not
yet free from my trouble with Lord B[altimore], but I thank God that
though I have moved slowly I have miscarried nowhere, but have
lately gained a very great point, and stand fair to effect not only
my own business but yours also, whereof I hope shortly to give
you good account. Though the character given me by his Lordship
is as black as hell I hope that I am not yet looked on as so
profligate or despicable a rogue as he sets me forth, but have met
with honourable and just dealing and several unexpected friends,
some not of the meanest rank. Here is great news lately. A
grand jury of eminence for estates and judgment was sworn to go
upon the indictment of Lord Shaftesbury, who was then in the
Tower. The witnesses were Turberville, Smith, Booth, Haines,
Baines, and a crew of Irish blades. They all swore like stout
sinners, but the quality of the persons, the improbability of the
testimony of some, the contradiction of others, and the certain
knowledge of some of the jurors that a paper found amongst
Shaftesbury's writings touching an association, upon which great
stress was put, was a thing done in Parliament time. Some
motions had been made in the House of Commons concerning it,
which, if it had been a contrivance made outside Parliament, might
have 'amounted to treason. On the whole matter the jury ignored
the bill. The last day of the term, which was this day sennight,
Lord Shaftesbury, Lord Howard of Escrick, Mr. Willmore, Mr.
Wilson, and another, all committed for treason, wore, upon their
habeas corpus, admitted to bail and suffered to go at large. There
was great rudeness at the Old Bailey when Shaftesbury's bill was
ignored, and great shouting and noise by the common people.
Many bonfires were lit that night in the streets by the rabble, who
in some places were over disorderly to the people that passed,
forcing them to give money towards their fires and drinking the
earl's health. This has been very ill resented and complained of.
But it is the common opinion that if the jury had found a true bill,
many hundreds of the Whiggish party would presently have been
committed to prison, for that is the term of distinction from the
Court party called Tories. Meanwhile, beware of that treacherous,
false, lying, swearing, deceitful man, Mr. Vincent Lowe, whose false,
forward, foolish affidavit against me, in order to strip me of my
office and take away my life, I have hinted to you in my last letter.
Beware yourself, and so, I pray you, desire my brother and all our
friends to beware, of persons of that stamp, lest you woefully
AMERICA AND WEST INDIES.
151
1681.
Dec. 6.
Dec. 7.
Whitehall.
Dec. 7.
Whitehall.
Dec. 8.
Barbados.
Dec. 10.
Council
Chamber.
experience, as I have done, how void of conscience and honesty
they are. I hope you will pardon me if I seem a little too bitter,
for it was not my design to appear so. I have spoken here with
several masters who conclude that the paying of an easy penny in
Maryland is much more for their profit than paying a halfpenny in
England with the demurrage of lading and unlading the ships.
[ Written against this sentence in the margin, in Lord Baltimore's
hand : Rousby's old practice of compounding with the masters
will still be pursued.] Personal messages. 1 p. Copy. Endorsed,
" An extract from a letter from llousby to Robert Ridgely, the
whole being two sheets of paper. This extract is truly copied and
examined with the original, which is in the hands of (Signed)
C. BALTIMORE." [Col Papers, Vol. XLVIL, No. 100.]
313. Christopher Rousby to Robert Ridgely. We have letters
from Virginia signifying some kind of disturbance in Maryland, as
if his Lordship and the Assembly could not agree ; that Fendall
and Coode are still in durance, and others imprisoned besides them ;
and that his Lordship keeps forces in arms and the common people
in great dread and fear. These letters are dated about the 12th or
14th September, and came by a Liverpool man out of Potomac.
I wish I had one from you of that date. [The letter continues like
that in preceding abstract as to Lord Shaftesbury's trial]. Copy.
i p. Endorsed. [Col. Papers, Vol. XLVIL, No. 103 .]
314. Order of the King in Council. Confirming the judgment
of the New York Court of Assizes in the case of Hall v. Darvall
(see ante, No. 235). 1 p. [Col. Entry Bk., Vol. LXVIII., p. 53.]
315. Order of the King in Council. That Mr. Samuel Mearn,
His Majesty's stationer, deliver fifteen large church bibles to such
person as the Bishop of London shall appoint, for the Leeward
Islands, and that the Commissioners of the Treasury pay him for
the same. \ p. [Col. Entry Bk., Vol. XL VL, p. 462.]
316. The Governor and Council of Barbados to Lords of Trade
and Plantations. Transmitting Quarterly Returns of transactions
of Council and Imports. Signed, Ri. Dutton, Fran. Bond,
Richard Howell, John Peers, Alex. Riddocke, Edwyn Stede,
Henry Walrond, Thos. Walrond, John Witham, Thomas Wardall,
Sam. Newton. \ p. Endorsed. Reed. 3 April 1682. Read
8 April 1682. [Col. Papers, Vol. XLVIL, No. 102, and Col
Entry Bk, Vol. VII., p. 117.]
317. Journal of Lords of Trade and Plantations. Two letters
of 26th May and 10th July (see Nos. 120, ]66) from Mr. Badcock,
Surveyor of Customs in Maryland, to Commissioners of Customs,
read. Agreed to report that a letter be written reprehending
Lord Baltimore for his obstruction to Badcock in the execution of
his duty, and requiring him further strictly to observe the Acts of
Trade and Navigation. The Lords will inquire further of the
matter of the Commissioners of Customs. [Col Entry Bk.,
Vol. CVL, pp. 317-318.]
152 COLONIAL PAPERS.
1681.
Dec. 12. 318. Commissioners of Customs to Lords of Trade and Plan-
Custom Houee, tations. In obedienee to Mr. Guy's letter of 12th July (ante,
No. 109) we submit the following report on the Act of Virginia
submitted to us. The time, wherein the Act is to take place for the
landing of goods, expired, we find, on 29th August last, and the time
from which it is to take place for shipping tobacco is 20th March
next, which is now at hand, so that these times cannot possibly be
complied with. Next, as to the general drift of the Act in respect of
appointing places for landing and shipping of goods. In 1674 we
obtained an order of the King directing the appointment of such
places, and in 1677 a similar order to apply to Maryland. But we
find that even in England where trade has been long settled the
carrying out of these regulations has been a matter of great difficulty
and time. Not half of the lawful quays and landing-places in this
kingdom had been set out in 1671, when the present commission of
the Customs first began ; and though it has been our constant
endeavour to complete the work, it is not yet finished. Moreover,
such landing-places have never been appointed in England with a
view to forcing towns to be built and merchant vessels to call there.
Trade is to be courted not forced. Where trade carries itself and
where there has been reasonable accommodation for merchants, that
is the place where it has been our principle to appoint a quay.
But in this Act we find wharves and quays appointed where there
are no warehouses or accommodation for receiving goods, nor,
indeed, any inhabitants. It is very unreasonable to compel people
to go where there is no shelter for them. In England, again, quays
are never appointed without a commission to the magistrates and
principal inhabitants, making them judges of the matter, but we
find no such method in this Act, though it is the only one practicable.
Again, we notice in this Act directions that no tobaccos are to
be seized on their way to the Custom House, nor in them, for any
debt due under the Act, and that bricklayers, &c., are to be freed
from arrests for five years. These provisions seem to us very
extraordinary, and of dangerous consequence to the disturbance
and overthrow of trade. Moreover, anything of this nature that is
done should apply to Maryland as well as Virginia, lest the
inhabitants of Virginia be thereby driven to Maryland. Further,
on discourse with the merchants and traders to Virginia, we find
them dissatisfied with this Act as burdensome to their trade and
impracticable. They add that where anything of this kind is done
the warehouses must be first built, and built of brick with roof of
tiles, not of wood with roof of shingle, from fear of fire. It is
certain that if this Act were enforced the traders would be aggrieved
and driven to smuggling. On the whole, we recommend that the
Act be by no means confirmed, but that the whole question should
be referred back to the Governor of Virginia for reconsideration
and that the like directions be at the same time given to the
Governor of Maryland, so that the advice of our officers may be
taken thereupon ; for the subject is one of deep concern to the
King's Customs. Signed, W. Butler, Ch. Cheyne, G. Downing,
And. Newport. 3i pp. Endorsed. [Col. Papers , Vol.
No, 103,]
AMERICA AND WEST INDIES, 153
1681.
Dec. 12. Duplicate of foregoing. [Col Papers, Vol. XLVII. t JVo.' 104.]
Dec. 12. 319. Lord Culpeper to Lords of Trade and Plantations.
Account of his Government required by order of 31st October
(ante, No. 276). I received my instructions and commission on
10th December 1679, and reached the Downs on the 13th, after
vexatious delay due to Captain Lovell, of the yacht Catherine. I
was detained by contrary winds till 13th February 1681, and then
set sail in the Oxford frigate. We stayed at the Bermudas four
days, and after a tedious passage reached Virginia on Monday
night, 3rd May 1680. I waited till the 10th May, alike to humour
the Council and to inform myself of the affairs of the Colony, then
published my commission, took the oaths, and administered them
to all of the Council except Francis Leigh, who was not arrived,
and Henry Meese and Rowland Place, who were then, as now, in
England. Having by their unanimous advice (as was my constant
rule) settled all commissions, civil and military, I issued a
proclamation calling an Assembly to meet at Jamestown on the
8th June. Meanwhile I charged the Council with the duty of
answering your heads of inquiry, supervised the County Courts, and
visited several places where it was proposed to build forts,
particularly Tindall's point in the York River, but found not one
suitable to defend ships against a vigorous enemy by sea without
vast charge and expense, and few positions tenable against an
enemy by land except against Indians. On the 8th June the
Assembly met. Their first act was to recommend Robert Beverley
for their Clerk, nemine contradicente, wherein they were backed
by the unanimous vote of the Council. Though my orders were to
exclude him from all public employment pending the King's
pleasure, I could not deny them without disobliging the whole
country, so I consented. I have at any rate gained a point to the
Crown, for no Governor ever appointed a Clerk before, and I
also averted the raking up of old quarrels, for \vbich many
members were ready. The same considerations prompted me to
defer the removal of Colonel Edward Hill from the commission. Also,
contrary to my expectation (for at the first reading it was rejected
nem. con.), I persuaded the Assembly to pass a perpetual Revenue
Bill, as I brought it from England, with the alteration of but two
provisions, viz., to exempt (1) ships belonging entirely to Virginian
owners but not built there, and (2) ships built in Virginia. The first
was brought in by mistake ; it was never intended, is contrary to a
former Act, and, in my opinion, is sure to be altered by the next
Assembly. The second, notwithstanding your Lordships' opinion to
the contrary, I still think most fitting (at least for a time), and it
will, I am confident, be insisted on by the next, and by every subse-
quent Assembly in Virginia. The remarkable thing is that the Bill,
which was first rejected nem. con., was finally passed unanimously.
I gave the Royal assent also to two other Acts of indemnity arid
naturalisation, and passed several more which have been laid before
you. The Assembly was adjourned by me to 15th February 1681,
and now stands adjourned to 20th January 1682, with a design of
154 COLONIAL PAPERS.
1681.
a longer adjournment except the King order otherwise, or some
sudden emergency should occur. On the 8th July 1680 I repealed
all the Acts mentioned in my instructions except three, of which I
deferred the repeal, on the advice of the Council, till the Assembly
should have supplied some necessary particulars in every one of
them. I delivered the presents sent by the King to the Indians,
except the coronets, for reasons already before you. The coronets
were lost, with the rest of my goods, when the James was wrecked
in the Downs. The instruction conveying the King's high
resentment of a representation made by the Assembly to the late
Colonel Jeffreys, is suspended by me on the humble and unanimous
petition and advice of the Council. Pursuant to another instruction
I nominated five officers to command in nine counties against the
Indians, but subsequently, on the advice of the Council, I appointed
Colonel Joseph Bridger as sole commander for all the said counties.
On 29th June, at the earnest instance of the Council, I admitted
Colonel Philip Ludwell to be of it, and on 8th July Colonel John
Page and Colonel Matthew Kempe, both loyal and well qualified
men, in the room of Rowland Place and Henry Meese, absent in
England. On 2nd August I issued a proclamation for the collection
of quit-rents, but I have not yet received any particular account
thereof, and fear that the low price of tobacco and the cost of
collection will make it inconsiderable. I also took measures for
the collection of arrears. Lastly, I did not communicate my second
commission at all, fearing that it would be most distasteful to the
whole country, but I left it with Secretary Spencer in case of
Sir Henry Chicheley's death. I understand, to my great satis-
faction, that you have thought fit to alter it and let it stand as
heretofore. I should have mentioned that on the death of Colonel
Swann, one of the Council, I directed Colonel William Bird to be
sworn in his place. I have heard no more since, but I recommend
the confirmation of the appointment. All the instructions not
answered herein are answered in the margin next to such instruc-
tions (see next abstract}. I sailed for England llth August 1680.
Signed, Tho. Culpeper. On 27th July 1680 Colonel Nathaniel
Bacon, Auditor-General of Virginia, with assistance, paid off all
the officers and soldiers of Sir Henry Chicheley's company for
seven musters of fourteen months, from 1st May 1678 to 1st July
1680, " to the good liking both of landlords, soldiers, and country."
Signature repeated.
THE PBESENT STATE OF VIRGINIA.
The House of Burgesses consists of forty-one persons, two for
each of twenty counties, and one for James City. The charge of
the Government is maintained (1.) By private levies raised in
each parish for the minister, church, courts of justice, burgesses'
wages, &c., which are never brought to the audit or accounted for
publicly. Yet they are as high, unequal, and burdensome to the
people as any other, being generally managed by sly, cheating
fellows that combine to defraud the public. They ought to be
AMERICA AND WEST INDIES. 155
1681,
inspected and supervised by Government. (2.) By public levies
raised from time to time by Act of Assembly and accounted for in
the Assembly, for extraordinary occasions of the Government,
which, though much better ordered than the first named, are and
have been (as I believe) often misapplied. Both these imposts are
raised by " titheables " or working hands, of which there are about
fourteen thousand in the whole country. The method is extremely
unequal, very costly in collection (at least twenty per cent.), and
causes vast quantities of trash tobacco to be made, which not only
clogs the market but disparages the quality of the commodity, and
is ruinous to the country. Could the Assembly be induced to raise
a much smaller sum by a duty on imported liquors and other
commodities, that alone would be a great relief to our sad condition.
(3.) By two shillings a hogshead on exported tobacco, together with
fifteen pence a ton for the tonnage of each ship. These latter
charges were formerly -called Fort duties, which were received by
particular associations (as they call them) and were in a manner
appropriated, or rather engrossed by particular persons to
particular forts. By guess these may be worth communibus
annis about 3,000. a year, and, if well looked after, five or six
hundred pounds more, out of which the Governor, councillors,
judges, or other persons are paid their salaries. (4.) By the quit-
rents, as to which I refer you to my former accounts.
As to judicature, there are County Courts in each of the twenty
counties, from which an appeal lies to the General Courts, of which
there are three every year. Appeals from the General Courts were
formerly heard by the Assembly, but are now heard by the King in
England in great causes. The ecclesiastical government lies, under
the King, in the Governor, who grants probate of wills, and presents,
or ought to present, to all livings, though only such persons as are
certified by the Bishop of London. Such livings should be worth
about eighty pounds a year, and number in all seventy-six or
seven ; but the poverty of the country, and the low price of
tobacco, has diminished their value to scarce one half, and the
parishes, as they pay their ministers themselves, have made it
usage to obtain the right of presentation, or rather of not paying
except to their own candidate, whether the Governor approves him
or not. This should not be allowed, but the matter must be
handled with great caution. As to military power, there is not a
fort in the country defensible against any European force, or to be
made defensible except at a vaster expense than the country can
bear. I do not believe it possible to secure ships anywhere
against a superior naval force, except by going so high up the
rivers as that better ships will not think it fit to follow them.
There may be fifteen thousand fighting men in the country, yet
they count three hundred men an army royal.
As regards our neighbours, North Carolina is and always was
the sink of America, the refuge of our renegades ; and till in better
order it is a danger to us. Maryland is now in torment, and not
only troubled with our disease, poverty, but in very great danger
of falling in pieces ; whether it be that old Lord Baltimore's politic
156 COLONIAL * APEKS.
1681.
maxims are not pursued or that they are unsuited to this age. In
a word, he is at this moment so far from being in a condition to
assist us, that it is worthy of your prudence to take care, as well
for Virginia's sake as his own ; for without speedy remedy we shall
both be involved in the same fate. As to the Indians, we are at
present at peace with all, or at least at war with none, but there is
no relying on them, and when we least suspect it we have, by long
experience, found ourselves in most danger. Our tributaries may
on the slightest occasion prove as bad as bandits, and though
unable to contend \vith us, yet in our present circumstances they
have power to ruin us. The foreign Indians, the Senecas, have
this year greatly disturbed and frightened us, and in Maryland
they have done more. They have certainly appeared armed and
in an unusual way, and most certainly hate us all. But that
which is more to us than all other things put together, and will
be the speedy and certain ruin of the Colony, is the low price of
tobacco. The thing is so fatal and desperate that there is no
remedy ; the market is overstocked, and every crop overstocks it
more. It is commonly said that there is tobacco enough in London
now to last all England for five years ; too much plenty would
make gold itself a drug. Our thriving is our undoing, and our
purchase of negroes, by increasing the supply of tobacco, has
greatly contributed thereunto. Free importation into Russia would
revive our drooping spirits, for we want nothing but a vent. The
Assembly has offered the King. a petition on the subject, with the
reasons here annexed. Pray see that it is answered. Meanwhile,
in this great exigency and distress, I take the liberty to offer these
few hints of remedies for that poor place: (1.) To encourage the
building of towns, and not only to confirm the Act in all things
not prejudicial to the Customs, but to grant the penny per pound
for some time to ships loading at the said towns. (2.) That the
King should recommend to the next Assembly a juster manner of
tax. (3.) That he would send to the country about 300?. in flax
seed and hemp seed, and 500?. in coarse goods, to help them for
this present, and put them in the way for the future. (4.) That
he give strict orders to the next Assembly not to raise money by
titheables, except only twenty pounds [? of tobacco] per poll. This
will be in accordance with the wishes of several counties and of
the Council ; it can be raised by the Governor and Council without
calling an Assembly, and being but a little will not be much felt.
In place of titheables, an import duty on brandy and other liquors,
or almost any other impost, would be preferable. (5.) That New
England shall observe the Acts of Navigation as well as Virginia,
(6.) To regulate appeals. (7.) To give strict rules for the improve-
ment of the two shillings per hogshead. (8.) To permit the
Government to raise the price of moneys, especially foreign, as they
find cause. (9.) That the Colonies may be put in a better posture
for mutual assistance. (10.) That no war or peace be made with
the Indians without consent of the Government of Virginia. (11.)
That no Assembly sit till my return or till the King's further order.
(12.) To explain the clause of the soldiers paying their debts and
AMERICA AND WEST INDIES.
Dec. 13.
Council
Chamber.
1681,
quarters, &c. ; the King to pay the passage home (according to
promise) of such as desire to return. Signed, Tho. Culpeper.
Holograph. 9pp. [Col. Papers, Vol. XLVII., No. 105.]
[Dec. 12.] 320. Lord Culpeper's Instructions of 6th December 1679, with
marginal comments against each article. There is little that is not
embodied in the report given in preceding abstract, except: An
estimate of the population of Virginia, viz., about seventy or
eighty thousand, of which fifteen thousand servants, three thousand
blacks, and the remainder free men, women, and children ; and
an estimate of the strength of the Indians, as follows : None of
our neighbouring Indian nations can make above two hundred
fighting men, except the Occanagees, about three hundred ; the
Tuscarores, towards Carolina, six or eight thousand, but these are
peaceable ; and the Senecas, a fierce and dangerous race, about
four thousand. The Instructions cover 42 pp., and the marginal
notes are very full. [Col. Papers, Vol. XLVII., No. 106.]
321. Journal of Lords of Trade and Plantations. Sir George
Downing attended. Being asked as to the proceedings of Lord
Baltimore towards Nicholas Badcock (see No. 317), he explains
that Lord Baltimore seems to be in error concerning the Acts of
Trade, since he himself confesses that he hindered Badcock from
receiving the penny a pound on tobaccos which were intended to
be brought for Ireland. Agreed that Lord Baltimore be severely
reprehended for his erroneous opinion, that he be ordered to refund
the two thousand five hundred pounds which Mr. Badcock reports
to have been lost to the King thereby, and that he be given to
understand that, unless he obey the Acts of Trade and Navigation,
the King will direct a quo warranto to be issued against his
Patent.
The Virginian Act for Cohabitation returned by the Commis-
sioners of Customs. Agreed to report the whole matter to the
King in Council. Lord Culpeper's instructions considered. Agreed
that such Acts as he has omitted to repeal be named in his
instructions to be repealed on his arrival in Virginia. Agreed to
represent Lord Culpeper's request for flax seed to the King. The
Lords agreed upon their report concerning Lord Culpeper's omission
to execute the instructions concerning the declaration of the
Virginian Assembly to Colonel Jeffreys, and concerning the
re-instatement of Robert Beverley and Edward Hill (see No. 319).
[Got. Entry Bk, Vol. GVI.,pp. 318, 322.]
322. Lords of Trade and Plantations to the King. We shall
presently submit to your Majesty a draft of a new commission and
instructions to Lord Culpeper. Meanwhile, we have received a
report from the Commissioners of Customs on the Acts for Cohabi-
tation and for the encouragement of Trade and Manufacture in
Virginia (see ante, No. 318), and finding the Act impracticable
we recommend that it be referred back to Lord Culpeper with
directions to the Governor, Council, and Assembly of Virginia to
frame something more practicable and less prejudicial to your
Dec. 13.
Council
Chamber.
158 COLONIAL PAPERS.
1681.
Customs, and that meanwhile that portion of the Act which fixes
the time of its operation for landing of goods and shipping of
tobacco be immediately suspended. In your Instructions to Lord
Culpeper of December 1679, you directed him to signify your
resentment of a resolution of the Assembly submitted to Colonel
Jeffreys. We find that Lord Culpeper has, by the earnest advice aud
petition of the Council, omitted to signify your resentment. But
that such unwarrantable proceedings of the Assembly may not
become a precedent, we recommend that, though you pardon the
persons who offended therein, you direct by Order in Council that
you wholly disapprove of this declaration of the Assembly, that it
be razed from the Journals, that your Order aforesaid be registered
in the Council's records, and that the Governor prepare a Bill to
the Assembly condemning those proceedings, and indicating the
right of your Majesty and your officers to call for all public records.
Moreover, Lord Culpeper likewise suspended your instructions to
exclude Robert Beverley and Edward Hill from public employ-
ment ; and since he is satisfied that they are honest and able men,
and did good service in the rebellion, we beg your instructions
whether they shall be displaced or continued. Signed, Anglesey,
Albemarle, Clarendon, L. Jenkins. 3 pp. [Col. Entry Bk.,
Vol. LXXXIL, pp. 3-6.]
Dec. 13. 323. Minutes of Council of Barbados. Letter from the King to
his Excellency read, directing him to swear Mr. Alexander Biddocke
of the Council. Mr. Riddocke sworn accordingly. Mr. Samuel
Husbands and Mr. John Hethersell of the Assembly attended and
said that, being unable to make a House till late, owing to bad
weather, the Assembly had adjourned till to-morrow. Meanwhile,
the House desired answers to its addresses presented at last meeting,
Heads of proposals made by the Governor and Council to the
Assembly (see Journal of Assembly of this date). Order for
payment of John Josephson passed.
Dec. 14. Warrant for payment of Samuel Norris, gunner.
Dec. 15. The Assembly brought up an address for a warrant for payment
of John Higinbotham. The Governor consented. The Assembly's
answers to the proposals of the Governor and Council: (1.) They
will address the King for great guns. (2.) They will build a house
of correction out of the excise on imported liquors when imposed,
and (3) arms from the same fund. (4.) The repairs to Fontabelle
shall be paid for from the public Treasury. His Excellency is
desired to press the Commissioners for Fortifications to levy
executions for payment in arrear under the last Act. Order
for payment of Thomas Spiar passed. [Col. Entry Bk, Vol. XI.,
pp. 472-478.]
Dec. 13. 324. Journal of Assembly of Barbados. William Sharpe
elected Speaker in the absence of Edward Littleton. Message
from the Governor recommending to the consideration of the House
to provide with all speed for forty-five pieces of cannon for the new
forts, and four gunners and eight matrosses ; also that the gunners
and matrosses may, in future, be paid quarterly without trouble or
AMERICA AND WEST INDIES. 159
1681.
expense to them for the solicitation of their money ; also to provide
(as they promised) for the building of a house of correction ; also
to provide that the arms of the foot regiments be according to the
Tower standard ; also that his Excellency may be reimbursed for
the cost of repairs of Fontabelle to prevent it falling down which
is about 300Z.
Dec. 14. Put to the vote whether the excise on imported liquors be now
imposed, or suspended until the King signifies his pleasure as to
the commutation of the four-and-a-half per cent., and carried that
it be raised now. On the petition of Thomas Spiar, executor of
the late John Stanfast, ordered that John Hallett pay him 206?. 5s.
for eight months and eight days rent of Fontabelle. Address to
the Governor praying his warrant for payment of his salary to
John Higinbotham.
Dec. 15. No quorum. Adjournment till 20th December. [Col. Entry
Bk., Vol. XIII., pp. 458-463.]
Dec. 14, 325. Christopher Rousby to Colonel William Stevens, of the
Council of Maryland. Yours of 2nd August came to ray hand
but yesterday, and by what ship I know not, but it is very welcome.
Thanks for it and for all your kindnesses, especially for favouring,
countenancing, and advancing that affair of His Majesty's with
which I am concerned, and which poor Bad cock signified to me but
a week before he died. No doubt you have heard what pains
Lord Baltimore has taken to ruin me in estate, reputation, and life
by idle, malicious, and damnable false accusations to the Com-
missioners of Customs, .the Secretary of State, and the Lord Privy
Seal. I have answered all, and thank God am in a very fair way
to be cleared and confirmed in my place to great advantage. Lord
Baltimore's behaviour to Mr. Badcock in the case of the ships that
came to Maryland in the summer with certificates of having given
bond to sail for England, Ireland, Wales or Berwick, is very ill
resented by the Lords of the Council, and his Lordship will
presently receive a severe reprimand for opposing the King's
interest and obstructing his affairs. Pray tell Mr. Howard that I
have a strict charge not only from the Commissioners of the
Customs but from the Commissioners of the Treasury to receive
the King's duty of a penny a pound from all ships that bring
certificates of having given bond here to return for England,
Ireland, Wales, or Berwick. For though the Act of 22 & 23
Charles II., which enjoins the omission of the word Ireland, is
expired, yet the duty is due by the Act of 25 Charles II. for all
tobaccos for which bond is not given, to bring the same to England,
Wales, or Berwick, or some plantation, and to no other place ; so
that now, if they pay their duty they may go directly for Ireland
without touching in England, otherwise not. Please tell Mr. Ridgely
that I am in great hopes and fair way to effect his business for his
content. Thank God I have found good friends here, and though
Lord Baltimore paints mo as black as the devil, his calumnies will
not take place according to his desires and unworthy clandestine
dealing. The practice and proceeding here is very different, and I
160 COLONIAL PAPERS.
1681.
am surprised that he did not know it. All is open, fair, and clear,
which has sufficed to unriddle his profound intrigues against me. I
confess it has cost me much money, but I would not for twice the sum
have, remained in ignorance of what I now know, or have wanted
the interest I have now gained. Our public news is the trial of
LorcbShaftesbury for treason, on the evidence of a parcel of lousy
Iristy.knaves. Strict charge has been given by the King to the
justices about the laws and proclamations against Papists. Tobacco
is mst damnable low both here and in Holland. Mr. Ridgely had
twelve hogsheads which I kept for the better, but, as it proved, for
the morse market. It would hardly clear itself. Pray desire
Mr. Howard to send me over a cock and hen of the wild turkey
breeji, and get some master of a ship to take care of them. Copy.
1 p,.> Endorsed with a certificate that it has been examined by the
original in the hands ofC. BALTEMORE. [Got. Papers, Vol. XL VII.,
No, 107.]
Dec. 15. 326. Lords of Trade and Plantations to the King. We have
Council been attended by Lord Culpeper and the Muscovy Company to find
Chamber. ou ^ ^ e k es t means of introducing the trade of tobacco into Russia.
Lord Culpeper puts it forward as of the greatest consequence for
the relief of Virginia, owing to the present glut of the tobacco
markets. The merchants also favour it as extremely advantageous,
but say that it is extremely difficult to bring about, tobacco being
forbidden not only by the secular power but by ecclesiastical law.
We therefore think the matter can only properly be entrusted to
a Minister to be sent by you to the Court of the Czar. The
settlement of this trade will not only recover the languishing
condition of Virginia, but will much encourage your traders to
Muscovy and increase your revenue. We think therefore that if
you send an ambassador, this should be a principal object of his
mission, and that in endeavouring to ga : n it he should not only
represent to the Czar the advantages to his own treasury, but
should apply himself also to the Ministers of the Court, and to the
Patriarch with fitting arguments. And since by your instructions
to Lord Culpeper you directed him to encourage the growth of
hemp and flax in Virginia, we favour his suggestion that you
would be pleased to advance him two or three hundred pounds to
be distributed to fitting persons there that they may be able to
undertake the production and manufacture. Signed, Anglesey,
Clarendon, L. Jenkins. 1 pp. Inscribed, " This Report being read
in Council the next day it was ordered that it should be further
considered." [Col. Papers, Vol. XLVIL, No. 108.]
Dec. 15. 327. Draft of foregoing, with corrections. Endorsed. Entered
Book of Trade, p. 314. [Col. Papers, Vol. XLVII., No. 109.]
Dec. 15. 328. The Commissioners of Customs to Lords of Trade and
Custom House. Plantations. In obedience to Order in Council of 30th June last
(see ante, No. 151) we have called before us Christopher Rousby,
and enquired into the charge made against him by Lord Baltimore.
AMERICA AND WEST INDIES. 161
1681.
We have also received his answer and also a former answer made
by him to similar complaints by Lord Baltimore. But as there
are no particulars transmitted upon the points complained of, nor
any proofs of the same, we think that it would be much to the
King's prejudice and to the discouragement of the officers of the
King's Customs in Maryland if they should be removed or dismissed
upon such terms. We therefore request that Rousby may be
returned to his charge and a letter written to Lord Baltimore
desiring him that if in future he shall have any cause of complaint
against Rousby, he shall first give him a regular charge thereof and
receive his answer, and then transmit both accusation and reply to
us, together with the proof thereof, to save loss of time. Signed,
Charles Cheyne, G. Downing, W. Butler. 1^ pp. Annexed, a list
of the following enclosures.
328. I. Christopher Rousby to the Commissioners of Customs.
Having received a copy of a letter of complaint against
me written by Lord Baltimore of 29th April, I present
the following answer. The whole charge is general,
without any particular circumstance, so I can but return
a general reply ; if his Lordship had acquainted me with
the substance thereof before my departure from Maryland,
which had been but reason, I should have been better able
to vindicate my innocence. His Lordship says that he
had by two shippings sent letters to you, but fears that
by some misfortune they are miscarried ; he adds that he
is almost sure that they were put into my hands and
never carried out of the province. I answer that the
letters were never in my custody, nor was it in my power
to stop any man's letters, much less his Lordship's. I
suppose he has not forgot by what ships they were sent,
and can easily require the master to account for them.
It was not difficult for him to have sent duplicates, as is
usual, particularly if he suspected interception. As to
my proud carriage towards West country men, and New
England traders and his Lordship's officers, I cannot
understand to what he refers, and can only say that to the
best of my judgment I have borne myself with all respect
to his Lordship, as I was bound in discharge of my duty.
As to the charge of exacting fees from masters of ships in
entry and clearing, and the allegation that a crown a
vessel is the least that they escape with, and that they
are forced to give me presents for their despatch, I deny
that I ever demanded or suffered those under me to
demand one penny except from masters that came from
other plantations or who produced no certificate, and were
therefore obliged by law to enter into bond of navigation
there ; though I never took a farthing myself, I confess
that I allowed my clerk to demand two shillings and six-
pence from masters of small vessels and from others,
where there were more entries outward, five shillings.
But where one master paid, three did not, and I can
y 93366, L
162 COLONIAL PAPEKS.
1G81,
safely say that all receipts on that score never amounted
to thirty shillings in any one year since I had the
employment. But I am informed, that if I had taken
what was justly due it would have been much more. I
utterly deny again that I ever detained any ship, but
where I thought it absolutely necessary for the King's
service. I do not believe that there is a man who will
say that he was threatened or stopped by me or by any
under me on the score of making me a present. As to
what is alleged against me of receiving certificates from
masters of ships of their having given bond in England,
and not suffering them to carry the same to Lord Balti-
more's collectors, I answer that when his Lordship was
last in England, he left his lady's son, a very young man,
to be his collector, who trusted the business to a young
Irish fellow, his clerk. Now I had occasion to see some
certificates, which were said to be left in their hands, in
order to make up my accounts, but when I asked for them
they could not be found. I asked Mr. Thoman Notley,
then Governor and now deceased, to tell them to be more
careful, whereupon he desired me from that time forth to
take the certificates from the masters into my own custody,
and certify from time to time under my hand to Lord
Baltimore's collector that the masters had produced and
left such certificates with me. He assured me that it
would be kindly looked upon by my Lord, and taken as a
very good service to him. I therefore pursued this course
until his Lordship returned from England, when, seeing
the method, he told me he liked it very well. I therefore
pursued it two years longer, during all which time he
never said a word against it. Nor was this one farthing
benefit to me, or any under me ; on the contrary, besides
the trouble, I was put to considerable charge for the
entertainment of masters. As to the charge of en-
deavouring to prevent any master from making entry
with Lord Baltimore's collector till he had satisfied my
unjust and unreasonable demands, I absolutely deny it ;
nor do I know what his Lordship means by my " unjust
and unreasonable demands." I confess I tried to prevent
ships that came from other plantations or England without
certificates from being entered and permitted to trade by
his Lordship's collector before they had satisfied the law
and your Honours' instructions. This, it seems, troubles
his Lordship and makes him add that, if he suffered me
to proceed, no ship would be able to trade without my
leave, I do not deny that some New England ships have
left the province because I looked strictly that they should
obey your Honours' orders ; and this his Lordship is pleased
to call my proud, haughty, and insolent humour. But I
deny that he has ever spoken to me about this ill-carriage
gf mine, much more that I ever used such irreverent
AMERICA AND WEST INDIES. 163
1681,
language towards him in the Government as he suggests.
As to the allegations about my wicked life, profane
language and debauchery, arid that when on board London
ships my common discourse was treason, I thank God that
my life was never so wicked as to cpmmit any treason
against my Sovereign. I wonder that his Lordship
makes this charge, for which, if true, his prudence,
justice, and loyalty would not have suffered me to go
unpunished. But he was not the man that ever accused
me of such a thing in Maryland, though my name was
set up at the Court-house there (as the manner is) for
about four months before I came away. And since his
Lordship affirms that treason is commonly spoken by
me on board London ships, I wish he had specified the
words and named the ships, that the masters and officers
might have been examined to acquit or condemn me.
Your Honours can hardly imagine that, if I were such a
person as his Lordship describes, I should be so foolish as
well as wicked as to speak treasonable words aboard
London ships, whose commanders would be equally guilty
with me if they did not immediately apprehend or accuse
me in England, which they have not done. This, I think,
clears my innocence of this charge. As to his Lordship's
term of rogue, rascal, &c., I pass them by as a matter of
course. I confess that I received my commission as
Collector of Customs in Maryland on the particular
recommendation of Lord Baltimore for which I have
returned him all due respects. And, if I mistake not,
his Lordship has not charged me with the least breach of
trust in my employment, nor with any neglect or omission
of your commands, which I hope I have fulfilled to your
content. I am confident that till you find me guilty of
some misdemeanour you will not think fit to move me to
make room to Mr. William Diggs, son-in-law to hia
Lordship's lady, and I am sure that my zeal in my office
will in the end appear to be my greatest crime. I will
only add that I think the King will be better, served by
men who derive no part of their powers from his Lordship
than by his Lordship's collectors, because Lord Balti-
more's eye will not be so likely to overawe them to
promote the interest of himself and of his province,
Signed. 2 closely written pages. Endorsed.
328. jr. Christopher Rousby to the Commissioners of Customs.
In obedience to your orders I present the following
answer to Lord Baltimore's letter of 28th April (ante,
No. 151 1,). 1. His Lordship says that he has had great cause
of complaint against me. for two years and has written to
you, but that I have intercepted the letters. I utterly
deny this and would refer to my answer to his letter to
you of 29th April (see preceding abstract). 2. His Lordship
says he may term me a devil, for I have carried myself with
L S
COLONIAL PAPERS.
1681,
such pride that I have driven West countrymen and New
England traders from Maryland. I affirm that I ;have
to the best of my judgment borne myself with due respect
to all men. As I said in former letter some New England
men may have quitted the trade which they long had there,
which trade was, in truth, to load tobacco and carry it
whether they pleased without paying any customs at all.
The departure of these illegal and irregular traders will
be no loss to the King's revenue, but the contrary ; for the
tobacco left by them will be brought to England, Wales,
and Berwick, as it has been for the last two years, and
consequently will pay the King's customs. . Simply because
I set myself to reduce all traders in the province to
compliance with the law (which was the reason of my
employment), Lord Baltimore tries to persuade my Lord
Privy Seal that I have been guilty of a crime, and that
I ought to be displaced to make room for his lady's son-in-
law. 3. I deny all imposing or exacting of fees, as alleged,
and I deny that I ever forewarned masters of ships from
entering with Lord Baltimore's officers. I confess that
when vessels came from other plantations, or without
certificates, I always advised his officers to refuse per-
mission to trade till they had entered into bond to take
their tobacco to some other plantation in England and
Wales, or paid a penny a pound. But I deny that I
ever called this, as is alleged, a duty to myself. 4. I also
deny that I hindered masters of ships from carrying their
certificates to his Lordship's officers, except as set forth in
my other letter. I deny also that I ever pretended other
powers than those conveyed in your commission, or went
about to wrest its terms from their natural sense. I confess
that I have always treated your Honours' instructions with
awful respect, and it may be that Lord Baltimore accounts
the due execution thereof disservice to his Government.
I deny that I ever used such terms as that I cared not
how much I prejudiced the King's service so as I might
advance my own fortune. No one but a fool or a madman
could have spoken such idle words. I deny, too, that any
of Lord Baltimore's officers came to call me to account as
is suggested, or that he ever acquainted me, before I left the
province, with the matters now charged against me. As
to the charges of debauchery, lewdness, and villainy, it is
a way of writing made easy to his Lordship by his practice
in all his letters of complaint against the late Mr. Nicholas
Badcock, the late Surveyor and Controller there, as also
against myself, whereby he hopes to render us too infamous
to be capable of employment. He has no cause nor ground
for the same, but hopes that by casting much dirt, some
will stick, to work his ends against me. As to the
charges of treasonable language, had I been guilty as is
protended, his Lordship would probably have questioned
AMERICA AND WEST INDIES. 165
1681.
me before I left his Government and not have lot me go
unpunished and unquestioned, though he knew of my inten-
tion to leave three months before I left. I sailed on the
llth May last, and his letter is dated a fortnight earlier,
all of which appears by the enclosed affidavits. As to his
Lordship's importunate beggingformy removal, it is evident
that he wishes to place all the offices of Collectors and
Surveyors in Maryland in the hands of his own creatures,
and I therefore hope that his accusations will be construed
accordingly. Lastly, his Lordship seems to infer to the
Lord Privy Seal that the practice of Virginia, where the
same man collects the two shillings a hogshead and
the penny a pound, should be followed in Maryland.
The two Colonies are totally different. Virginia is under
the King's own Government through his own immediate
Governor ; all writs run in his name, and the two shillings
a hogshead belongs to him as well as the penny a pound.
But Maryland is Lord Baltimore's province, the writs run
in his name, the two shillings a hogshead are his Lordship's,
and the King has no officer but the two connected with
the penny a pound. To rid himself of both, his Lordship
has brought grievous complaints against Mr. Badcock as
well as against me ; thus it is manifest by Mr. Badcock's
letter of 10th July (see No. 16G), written shortly before
his death, that he did nothing but his duty, that he was
most unjustly accused, and that Lord Baltimore's opposi-
tion injured the King to the amount of two thousand
pounds. It is easy to see what most excellent service
would be done for the King in Maryland without any
noise if Lord Baltimore could procure the two places for
his lady's sons. Three closely written pages. Endorsed.
328. III. Affidavit of Gerard Slye, shewing that Christopher
Rouaby made no secret of his intention to return to
England, that his name was posted up in the Court house,
that he obtained a pass to depart from Secretary William
Calvert, that he went to say farewell to Lord Baltimore
two days before his departure, though his Lordship would
not see him, and that he sailed in the ship Globe, Samuel
Groome, master, on llth May 1 681. Sworn before Thomas
Raymond. 23rd September 1681. I p. Endorsed.
328. IV. Affidavit of Jane Slye, to the effect that Kousby's pro-
jected departure was well known. Sworn as the foregoing.
1 p. Endorsed.
328. V. Affidavit of John Lynes, master of the ship Friends
Increase, to the same effect. Sworn as the 'foregoing.
1 p. Endorsed.
328. vi. Affidavit of Robert Tout, planter of Maryland, to same
effect. Sworn as foregoing. p. Endorsed.
328. VII. Affidavit of William Johnson of London, merchant,
lately on a visit to Maryland, to same effect. Sworn as
foregoing. p. Endorsed.
166 COLONIAL PAPERS.
1G81.
328. vm. Order from Philip Calvert to Christopher Rousby to
pay money in London, and wishing him a pleasant voyage.
Dated 6th May 1681. Handwriting attested by Gerard
Slye, and attestation sworn as the foregoing. 1 p. Four
endorsements.
328. IX. " The Case of Christopher Rousby, Collector of His
Majesty's Customs in Maryland." Lord Baltimore, wishing
that no person but his own creatures may be employed in
the King's Customs in Maryland, has taken the following
measures, viz. (1.) He has brought several complaints
against Christopher Rousby, and being unable to conceive
why Rousby should go to England except to clear himself
added a clause that he discoursed treason on London ships.
He first asked that Rousby 's place might be given to his
son-in-law, Captain Diggs, but presently waives Diggs and
substitutes another of his lady's sons-in-law, Philip
Calvert. (2.) Rousby has answered all the charges in
writing, and is surprised that no mention of them was
made to him before he left Maryland. (3.) Rousby, on
obtaining copy of Lord Baltimore's letter of 28th April
from Sir L. Jenkins, answered that also, and then on
Sir L. Jenkins's advice petitioned to the King who
referred the matter to the Commissioners for the Treasury.
(4.) Soon after, Rousby heard that Lord Baltimore had sup-
plemented his charges by a pretended affi davit from Vincent
Lowe, his lady's brother (see ante, No. 128), of which he
obtained a copy. (5.) The Commissioners of the Customs
have reported upon the whole matter, and recommended
that Rousby should be returned to his office. (6.) Rousby
denies Lowe's statement and has made affidavit to that
effect. He adds further that if Lowe made any such
statement he must have been drunk, which was nothing
unusual with him. He would point out again the
remarkable fact that Lord Baltimore let him leave the
Colony without any question as to these charges. (7.)
Rousby would call attention again to Lord Baltimore's
accusations against Mr. Badcock, and his request that
Badcock may be turned out to make room for Nicholas
Sewell, his lady's son. One large closely written sheet.
[Col. Papers, Vol. XLVII., No. 110, 110 i.-ix., and Col.
Entry Bk., Vol. LII., pp. 72-74, without enclosures.'}
Dec. 15 329. Journal of Lords of Trade and Plantations. Report on
*^ e ^ c ^ ^ Cohabitation and other Virginian matters approved.
The Muscovy Company, which attended on other business, was
called in, and Lord Culpeper moved the Lords to find some way of
opening a trade for tobacco within the Emperor's dominions.
The Company stated the difficulties, and added that the patriarch
and favourite of the Czar must be persuaded by fitting arguments
to permit the use of tobacco in the country (see No. 326). [Col.
Entry Bk, Vol. CVI.,pp. 324-325.]
AMERICA AND WEST INDIES.
167
1681.
Dec. 17.
Council
Chamber.
Dec. 17.
Council
Chamber.
Dec. 20.
Dec. 20.
Plymouth.
330. Journal of Lords of Trade and Plantations. A. journal of
proceedings in the Government and an account of the condition
wherein he left the Colony were presented by Lord Culpeper (see
No. 319). Agreed, on his recommendation, to suggest Colonel Bird
as a member of Council. Agreed also that the Governor of Virginia
endeavour to substitute an impost on imported liquors from the
present tax of titheables.
Secretary Jenkins informs the Lords that the King, being willing
to gratify Captain Charles Morgan, refers to them the question
whether according to the usual methods of government, and without
altering the powers granted to Sir Thomas Lynch, he can grant a
commission to him to command Charles Fort in Jamaica, The
Lords seeing that the appointment of all officers is by the King's
Commission vested in the Governor, and knowing of no precedent
to the contrary, are of opinion that it will be more convenient for
Secretary Jenkins to recommend Sir Thomas Lynch to grant the
said commission to Captain Morgan. [Col. Entry Bk., Vol. CVI.,
pp. 326-327.]
331. [William Blathwayt] to Lord Craven. With reference to
my letter of 27th July (ante, No. 193) respecting the boundaries of
Carolina and Virginia, the business will be considered by the Lords
of Trade and Plantations on Tuesday next. Draft with corrections.
% p. Endorsed, " To my Lord Craven concerning the boundaries
of Carolina." [Col. Papers, Vol. XLVIL, No. 111.]
332. The Lords Proprietors of Carolina to Lords of Trade and
Plantations. We have received an Order of the Assembly of
Virginia of 3rd July for the levying of rents on the inhabitants of
Blackwater and Currahtuck. The matter is easily settled by a
view of our Patent, wherein the boundaries of Virginia and Carolina
are exactly set down, viz., extending northward and eastward as
far as the north end of Currahtuck river ; upon a straight easterly
line to Wyanoke Creek, which lies within or about the degrees of
thirty-six and thirty minutes north latitude, and so west in a direct
line as far as the south seas. So that there can be no further
dispute in the affair if you will send your orders to the Government
of Virginia requiring them to appoint Commissioners to meet
Commissioners from us at Currahtuck in July or August next, to
adjust the boundaries as far as Wyanoke Creek. We do not think
that Virginia can take exception to so fair a method. 1 p. Unsigned.
Endorsed. Read 20 Dec. 1681. [Col. Papers, Vol. XLVIL,
No,U2.~\
333. Sir Thomas Lynch to John Cooke, Whitehall. I have
been here eight weeks, and have not importuned you with mine,
expecting to be gone every day, and judging that I ought not,
except on pressing occasion, to trouble a man so full of affairs as
Mr. Cooke. Otherwise I had sooner desired you to let me know if
you have had anything from our friend Sir William Godolphin
about my pretension at Madrid, or whether Sir Harry Goodricke
168 COLONIAL PAPERS.
1681.
has written anything to Mr. Secretary. I have presumed to write
to Mr. Secretary twice since I came, once about Mr. Banckes, once
about the commissions issued by the French Governor of Tortugas.
I have lately understood from an acquaintance of Captain Charles
Morgan in London that he there makes great parade of his interest
at Court, and designed to have the King's commission as Governor
of the Castle of Port Royal at Jamaica. I shall wonder if this
be pretended, though the young man be wild and inconsiderate
enough, because when I was first sent for by Mr. Secretary I sent
for him and assured him of my friendship, and his continuance
afterwards gave him leave to stay till Knapman came. So far was
1 from any thought of removing him that last week I wrote
Colonel Beeston to speak to Colonel Morgan to bring cartridge
paper for the fort with him ; so that it seems to be rather his
desire to affront me than fear of losing his command that
makes him make this application. I suppose Mr. Secretary will
understand it so, and that if I am so imposed on at my entry into
this employment it will be impossible for me to effect what is
expected of me ; for much depends on my credit here, and the
setting up of this man in this trifling employment will be the
setting up of a party against the King's Government. Besides, I
suppose Mr. Secretary knows as well as you the hard terms I go
on, and since the Governor and Captain of the Forts has nothing,
and is no more than a militia officer of the country, it would be
inconvenient to appoint him here, whence he has nothing, and a
thing unthought of in any Government. It will have such a train
of ill consequences that I believe Mr. Secretary will not advise the
King to do anything in it ; and I hope he'll make the young man
know he is indiscreet and ungrateful in mistrusting my promise,
in endeavouring to maim the Government, and in making other
application than to himself, whose recommendation would have
obliged me to continue him, even though I had removed him,
which is a thing I never thought of, for his father's and relations'
sake. I beg you to discourse Mr. Secretary in the affair if you
think it needful. I hope from his prudence and justice that favour
which will enable me cheerfully to do my duty, and the more for
that I have near him such a friend as Mr. Cooke. Holograph.
2 pp. [Col Papers, Vol. XLVII., No. 113.]
Dec. 20. 334. Memorandum of Lords of Trade and Plantations. The
Council Lords having reviewed all that has passed concerning the Bermuda
Company in reference to the quo warranto, do not think it
necessary that any further order should be sent to the Islands
until the quo warranto be determined, which in their opinion
should be vigorously prosecuted by the Attorney-General, as a
thing highly concerning the King's service. | p. [Col. Papers,
Vol. XLVII., No. 114, and Col. Entry Bk, Vol. XVIL, p. 98.]
Dec, 20, 335. Memorandum of Lords of Trade and Plantations. By the
King's letter of 30th November it is ordered that the debts and
quarters of the two foot companies in Virginia shall be fully
AMEEICA AND WEST INDIES, 169
1681,
satisfied ; whereby they will have nothing left for their main-
tenance and will be forced to sell themselves as servants in the
country. Their Lordships will therefore beg that the order shall
be so explained as to save them from this (see No. 341). [Col.
Entry Bk., Vol. LXXXIL, p. 7.]
Dec. 20. 336. Journal of Lords of Trade and Plantations. The
remainder of Lord Culpeper's journal and report read. Agreed on
his suggestion to suspend that part of the Cohabitation ^.ct which
concerns the time of its operation for regulating the landing and
shipping of goods, and to move the Assembly to pass a better Act.
A new instruction to Lord Culpeper ordered, directing him to press
in the next Assembly the settlement of a more equitable system of
tare in the commodities exported from Virginia ; also to endeavour
to change the present imposition on titheables for a duty on brandy
or other liquors, which may be appropriated to the uses of the
Government, except only the twenty pounds [of tobacco] per poll to
be raised by the Governor and Council, for which he will endeavour
to obtain the concurrence of the Assembly. As to the regulation
of appeals, Lord Culpeper will study the methods of other
plantations and recommend what he thinks best. As to the raising
the price of foreign coins, as suggested in the address of the
Assembly, the Lords order an instruction to be prepared, leaving it
to the discretion of the Governor and Council to enhance the price
of foreign coins by proclamation as they shall see cause, except
what shall be given in payment of the duty of two shillings
per hogshead and of other duties payable to the Government,
which shall all be paid in sterling money and according to the
same value as formerly. As to peace and war with the Indians,
the Lords think it is of dangerous consequence that every distinct
Governor is allowed discretion to do as he thinks fit, without
obtaining the consent of others ; but as this discretion is already
granted by charter, they see no better remedy than that the intent
of an Order of Council of December 1677 be pursued, whereby all
Governors and Proprietors may be directed not to make peace or
war with the Indians without the consent and participation of one
another. As to Lord Culpeper's suggestion that no Assembly may
be called until bis arrival or till further order, the Lords leave it
to him to submit the question, as also that concerning the payment
lately ordered to the soldiers in Virginia, to the King in Council as
he shall think fit. The Lords explain the meaning of the King's
order for payment of the soldiers (see No. 341).
The Lords consider what has passed in relation to the Bermuda
Company and to the quo warranto directed against them. It is
again proposed by Lord Finch that the King's orders may be
signified to the inhabitants that they continue to obey the Company
and its officers till the quo warranto be determined. The Lords,
considering that the Company refused formerly to refer the dispute
to the arbitration of the Committee, see no reason for making any
such order in its favour, and in reporting thus to the King will
recommend that the Attorney-General be directed to prosecute the
170 COLONIAL PAPERS.
1681,
quo warranto with the utmost care, as a matter of high concern.
Mem. Lord Culpeper being present says that he touched at
Bermuda on his return from Virginia, and found that there was no
use there of the Book of Common Prayer, but rather a prohibition
thereof ; also that the people were much divided against them-
selves and in very great disorder. [Col. Entry Bk., Vol. CVL,
pp. 327-31.]
Dec. 20. 337. Minutes of Council of Barbados. Samuel Husbands,
Richard Seawell, and John Davies, of the Assembly, brought an
address of thanks to the Governor for his promise of a favourable
reply to their address. Declaration of the Council, that the
Assembly's address of 5th October (see No. 251), respecting sundry
affairs connected with the Grand Sessions, and stating in particular
that the Governor had imposed fines without consent of Council,
was made without the knowledge or approbation of the Council.
John Davies and John Hethersell, from the Assembly, informed
the Governor that they had no business finished to bring him this
evening.
Dec. 21. Order for the vestries of the several parishes to prepare a full
report on the charities existent therein against the meeting of the
Council on 24th January. The Assembly brought three addresses,
as to one of which his Excellency asked for explanation (see
following abstract}. The Council replied to the Assembly's
explanation that they do not see how the fines can be disposed of
except as directed in the Acts, and cannot see that they are
appointed for the fortifications, as the Assembly seems to suppose.
Request to the Assembly to form a joint Committee to prepare
an address to the King on great guns. Instructions to the
Councillors appointed to meet the Assembly in joint Committee,
including an order to remind the Assembly that it is not to join
the Council in any of their addresses without preliminary
conference and concurrence ; and a warning that the Assembly's
Bill for defining freeholders has been rejected. Joint address to
the Governor, praying to forward the address to the King.
Dec. 22. The Assembly brought up its Bill for a duty on imported liquors
(see folloiuing abstract). The- Governor's speech to the Assembly
(see No. 345). Adjourned to 4th January 1682. [Col. Entry Bk.,
Vol. XL, pp. 479-99.]
Dec. 20. 338. Journal of Assembly of Barbados. William Sharpe elected
Speaker. Address to the Governor, asking for a reply to past
addresses. Address asking for issue of sums raised for fortifications
to the Treasurer, and for appropriation of fines and forfeitures to
the same purpose. Address to the King asking for great guns, and
to the Governor requesting him to forward that address.
Dec. 21. Debate on the duty on imported liquors. Details settled and
ordered to be embodied in a Bill. Message from the Governor
asking to what laws the Assembly refers in its message about fines
and forfeitures. Answer of the House, giving the names of three
Acts, The Assembly having voted the duty on imported liquors
AMERICA AND WEST INDIES.
171
1681.
Dec. 22.
Dec. 21.
Whitehall.
Dec. 21.
Whitehall.
Dec. 21.
Whitehall.
for three months, the Governor informs them that he is directed to
require it for one year. Put to the vote whether the time be
altered or the subject further considered, and carried for further
consideration. Message from the Council desiring a Committee of
the House to meet its own Committee to draw up an address to
the King for great guns. Richard Guy, John Davies, Samuel
Husbands, John Codrington, and James Walwyn appointed.
Address to the Governor asking him to favour the address to the
King. Debate on the Bill for duty on imported liquors ; passed
unanimously that it be for three months and no more. Voted that
the Governor be informed that the House will be ready to carry it
on from three months to three months according to the accustomed
form, and desires to know if he accepts it or no.
On petition of Thomas Walrond and Elizabeth his wife, ordered
that the Treasurer pay him the rent of Fontabelle at the rate of
300. a year. Address to the Governor presenting the Bill for
duty on imported liquors limited to three months. His Excellency
replied that his instructions forbade him to pass such an Act for
less than a year's continuance. The Assembly retiring prepared an
answer saying that they could not, in discharge of their duty to
the people, comply with the Governor's limitation of one year ; but,
being able and willing to make some other provision for raising
the money, appointed John Davies, Samuel Husbands, and Richard
Seawell to be a Committee to draw up a Bill for that purpose.
The House at noon adjourned to the house of Judith Sparrow,
widow, and at three o'clock adjourned to 24th January 1682. [Col.
Entry Bk., Vol. XIII., pp. 463-70.]
339. Order of the King in Council. Approving the report of
the Lords of Trade and Plantations of 13th December (see ante,
No. 322) respecting the Virginian Act for Cohabitation and for
encouragement of Trade and Manufactures, and directing the
Governor of Virginia to declare his pleasure therein according to
that report. Signed, Francis Gwyn. 1 p. [Col. Entry Bk.,
Vol. LXXXII., pp. 8, 9.]
340. Order of the King in Council. Approving the report of
the Lords of Trade and Plantations respecting the declarations
presented by the Assembly of Virginia to Colonel Jeffreys, and
directing the recommendations therein contained to be carried out
(see No. 322). [Col. Entry Bk, Vol. LXXXII., pp. 10, 11.]
341. Order of the King in Council. On report of the Lords of
Trade and Plantations, ordered that a letter be prepared to Sir
Henry Chicheley and other persons appointed to pay off the two
foot companies in Virginia, informing them that the debts and
quarters ordered to be paid in the King's letter of 30th November
last be understood of debts contracted for their quarters, and of no
other debts whatever beyond the settled allowance of the said
quarters. Signed, Francis Gwyn. $ p. [Col. Papert, Vol. XLVII.,
NQ. 115.]
172 COLONIAL PAPERS.
1681.
Dec. 21. 342. The King to Sir Henry Chicheley, Nicholas Spencer,
Whitehall. Nathaniel Bacon, and Philip Ludwell, or any other of them.
Ordering them to pay the debts and quarters of the two companies
before any payments and allowances whatever, for the full satis-
faction of those who have entertained them, and defining debts and
quarters as in preceding abstract. [Col. Entry Bks., Vol. LXXXII.,
pp. 7, 8, and Vol. XC1X,, p. 95.]
[Dec. ?] 343. Petition of George Hannay to the King. Having obtained
1 etters patent for the office of Provost Marshal-General of Barbados
where he had been Deputy Provost for many years, he offers for
consideration the great necessity of a common gaol in the island
which has been wanting for some years. The Assembly has
declared that the duty of 4^ per cent, was given for that and other
public uses. Suggests that the fines, forfeitures, and escheats
arising there on offenders would accomplish that object ; prays for
directions. [Col Papers, Vol. XLVII., No. 116.]
Dec. 22. 344. Memorandum of Lords of Trade and Plantations. That
the Report of 13th December (ante, No. 322) was approved except
so far as concerns Robert Beverley and Edward Hill. Sir John
Berry to be summoned and the complaints of the Commissioners
again examined. Col. Entry Bk.. Vol. LXXXIL, p. 6.]
[Dec. 22.] 345. Governor Sir Richard Dutton's reply to the Addresses of
the Barbados Assembly (see ante, No. 251). I have considered
both addresses and your answer to my late proposals, and
think myself obliged to make you this return, that you may see
on what mistaken grounds your suppositions are founded. You
tell me that you have addressed me on behalf of yourselves and the
rest of the King's loyal subjects. Had it been only for such, I
should have been quick to gratify you consistently with my duty
and honour to the King, for I cannot bear to make his Government
uneasy, but rather happy to us both ; and it shall not be my fault
if it is not so. Then you propose that the Courts of Chancery and
King's Bench should be public and the Councillors sworn. You
have evidently forgotten the qualifications and oaths under which
these gentlemen already are, viz., to advise me in nothing but what
is loyal, just, and honest, otherwise you had not obtruded so
disobliging and disingenuous a thing upon me, which you never
attempted with any of my predecessors. As to publicity of the
debates and resolutions, I think that, if granted, it would not be
grateful to you, it being an innovation (which you seem greatly
to fear) never customary nor practised in the Island. Did I
believe that it were better, which I am assured it is not, since
I and the Council, having no legal training, are not quick to arrive
at resolutions, I should not hesitate to prefer it. As to the Bills,
which at present lie under consideration of a Committee of Council,
I do not think it seasonable to answer you at present. When
they are passed by the Council (whose debates and resolutions I
never have interrupted, nor shall interrupt) and submitted to me,
AMERICA AND WEST INDIES. 178
I shall, without using the Council as a screen, give you frankly my
resolutions, if, in my judgment, they are for the King's honour
and the good of this famous Island. And now I must tell you
that I think it not candid dealing for you to suggest that you are
unkindly used by me in that all the Bills you have presented to
me are not passed without further consideration, as though all
legislative power lay in yourselves. The Committee of Council
has sent you down many Bills of great importance, which you have
either contemptuously laid aside or so changed that they could not
be recognised.
As to your other addresses I held a Court of Gaol delivery by
virtue of the King's commission, wherein all justices of the peace
are in duty bound to attend me, not under the qualification of
Councillors, Assembly men, or judges as you seem to suppose.
Should any have failed to attend I should not have been wanting
in respect to the King's commission, but should have fined them at
my discretion according to the law and practice of England, by
which I must be guided. You have no law declaring the contrary,
only a pretended custom which you are not able to make appear.
All my predecessors in this Government since the Restoration
issued commissions of gaol delivery, omitting the greater number
of the justices of the peace as they thought fit, as in the time of
the Lords Willoughby. That you concern yourselves to speak for
the Council and Judges (who are not of your body), or undertake
to say that they did not concur in the method of passing sentences
and imposing fines is a great presumption in you. I expect and
require of you to give me an account how you came by such
information, if such you had, and, in default, I must look on your
assertion as a scandal to the administration of justice and an
aspersion on the Council. As to the fines that I have imposed, I
shall levy them as speedily as possible for the King's advantage,
my proceedings being according to law. While your addresses
relate to the public concern I shall embrace them with cheerfulness,
but when you address me on the petition of every person (though
his suggestion be never so false, as in the case of Binckes) (see
ante, No. 165), and interfere in things you are not concerned
with, merely to insinuate into credulous people's ears that you are
specially careful of their rights, as though I was not impartial in
administration of justice that is an imposition to which I shall
not submit. You assume, to my admiration, a power of settling a
committee of grievances wherein you exceed the power granted by
His Majesty to the kingdom of Ireland, and I only wonder that
you do not the same with a committee of privileges. I never
heard that the King had granted you a new magna charta, though
you dispute all his commands as though he had, so I tell you
plainly that those who obstinately oppose their prince's commands
(as you apparently do on all occasions) would, if they had power
and opportunity, as confidently make war upon him. I cannot
pass over your discontent that the King should, by his commission,
have empowered me to suffer no public money to be issued from
the Treasury without my own warrant, as if he had done you
174
COLONIAL PAPERS.
1681.
Dec. 23.
Council
Chamber.
Dec. 23.
London.
some injustice in not first asking your advice. It is an insolence
beyond expression to imagine that the King should be bound up
by the petulant and factious humours of some ill men among you
(for I do not condemn all) to lessen or enlarge his Commission.
Besides, you forget that this same power in my commission limits
me to the issue of moneys for such uses as are specified in the Act
for raising it. One thing more. During all your several sessions
you have never taken one step to the reduction of the people to
their religious duties, which has always been the practice of a
Christian Assembly before this.
Gentlemen, I am not to be deluded with elegancies and words.
I have lived long enough to know the cheat of it. I judge of
men's inclinations by their actions. When I see any tendency in
you to dutiful compliance with the King's commands or to any
measure for the public good for so far you seem by your actions
to repent of any steps in that direction, and to have injured the
prosperity and credit of the Island, all of which might be set
right if a factious disposition were not so prevalent among you
when I see these things reformed, I shall be ready to meet you
with all kindness. But without such reform it will be impossible
for us to continue much longer in friendship. Copy. 6 pp.
Endorsed. [Col. Papers, Vol. XLVII,, No. 117, and Col Entry
Bk, Vol. XL, pp. 493-499.]
346. Journal of Lords of Trade and Plantations. Several Acts
of Assembly and Orders of Council from New Hampshire read
(see No. 98 I.). The Lords being dissatisfied both with the
style and matter of them, will offer to His Majesty that they be
wholly rejected, that the same method of passing laws be used in
New Hampshire as in other Colonies, and that the laws of England
be in force except where any particular local circumstance requires
alteration in them. And since the people of New Hampshire have
taken upon them to dispose of and confirm lands to themselves,
the Lords think fit to set aside all such laws and reserve the
determination of titles of land to the King. On the whole, they
will report that the whole proceedings of the country have been so
irregular that it will be necessary for the King to send some
person with a Governor's Commission to settle the country.
The Lords, seeing that an order is given to pay the two companies
in Virginia till the 1st of January only, think that this may cause
a mutiny for want of the full pay due to them. [Col, Entry Bk t
Vol. CVI., jpp. 382, 333.]
347. Lord Culpeper to Sir Henry Chicheley, I am so pressed
for time that I have hardly enough to tell you that all Virginian,
affairs were settled by the Committee on 21st instant. You will
hear more by a later ship, but, meanwhile, the King instructs me
to order you to call no Assembly, except on urgent occasion and
with the consent of seven of your Council, till 20th November. I
shall return to you before that day. You will be infinitely
surprised at the disbanding of the companies, still more at the
AMERICA AND WEST INDIES. 175
1681.
reducing of the pay of the officers, allowing "them nothing after
next January, and refusing them a passage home. As to the
soldiers' short pay, there is no hope of altering it, but it is resolved
that the Golden Fortune, which sails 4th January, shall bring pay
to the end of March at the reduced rates, at least for quarters, and
that masters of ships shall receive one pound a head for each
soldier that they bring home. You will receive something
extraordinary about the Act for Towns very soon. Meanwhile,
the King has suspended the execution of anything prejudicial to
the Customs. I desire your utmost kindness in the matter of my
company in giving certificates, licenses of absence, sickness, &c.
It is all the benefit you and I are like to have. You may com-
municate this to the Council. Entered in the Minutes of Council
of Virginia with the words : " The rest could not be read." [Col
Entry Bk., Vol. LXXXIV.,pp. 113, 114.]
[Dec.] 348. Report of John Lewin on the Government of New York.
Describing the irregularities which he found under Sir Edmund
Andros, John West the Secretary, and Captain Dyre, and the
abuses by which they had enriched themselves at the expense of
the Duke of York. 4 large pages. Printed in New York
Documents, Vol. III., pp. 302-308. [Col. Papers, Vol. XLVIL,
flo. 118.]
Dec. 27. 349. List of the principal Officers of Maryland :
Council.
Philip Calvert, Chancellor, Roman Catholic.
William Calvert, Secretary, Roman Catholic.
Vincent Lowe, Surveyor General, Roman Catholic.
Henry Darnall, Roman Catholic.
Henry Coursey, Protestant.
Thomas Tayler, Protestant.
William Steevens, Protestant.
William Diggs, Protestant.
Benjamin Rozer (who died in June last), Protestant.
Colonels commanding the Foot Forces in the ten Counties
of the Province.
Colonel William Chandler, Protestant, Charles County.
Colonel William Calvert, Roman Catholic, St. Mary's County.
Colonel Henry Joles, Protestant, Calvert County.
Colonel William Burges, Protestant, Ann Arundel County.
Colonel George Wells, Protestant, Baltimore County.
Colonel Henry Coursey, Protestant, Cecil and Kent Counties.
Colonel Vincent Lowe, Roman Catholic, Talbot County.
Colonel William Colebourne, Protestant, Dorchester and Somerset
Counties.
176 COLONIAL PAPERS.
1681,
Colonels of Horse.
Colonel William Steevens, Protestant, Dorchester and Somerset
Counties.
Colonel Philemon Lloyd, Speaker of Lower House of Assembly,
Protestant, Baltimore, Ann Arundell, and part of Calvert
Counties.
Colonel Henry Daraall, Roman Catholic, Charles, St. Mary's,
and part of Calvert Counties.
In all these counties there are magazines, under the charge of
the several Colonels of Foot. The arms have been equally
distributed in the several counties since my return from England,
as the whole Province can bear witness. Signed, C. BALTIMORE.
li pp. Endorsed. [Col. Papers, Vol. XLVIL, No. 119.]
[Dec. ?] 350. The names of the Council of Lord Baltimore in Maryland,
from Mr. Rousby :
Philip Calvert
William Calvert
George Talbot - ^Roman Catholics.
Henry Darnall
Vincent Lowe
Henry Coursey
;l
Protestants
Thomas Tayler
William Steevens
William Diggs
[Col. Entry Bh, Vol. LII., p. 57.]
Dec. 29. 351. Philip Calvert, Chancellor of Maryland, to Colonel Henry
Meese. I find by the masters of ships that the imprisonment of
Captain Josias Fendall and Captain John Coode has made great
noise in London, and therefore think it necessary to give you an
account of it, as having been formerly an inhabitant of Maryland
and an eye-witness of the carriage of Captain Fendall in the years
1659 and 1660, when he perfidiously broke his oath and trust as
Governor of the Province, cancelled his commission from the Lord
Proprietor and took a new one from the Assembly. For that
offence he was only fined and declared incapable of ever again
holding office in the Province, as you may remember, and this has
galled him ever since. He now sets all his wits to work, inciting
the people of Charles County to mutiny and sedition, and tampering
with some of the Justices of the Peace in St. Mary's County. First
he tells the people they were fools to pay taxes (though imposed by
Act of Assembly), that there was war in England between King
and Parliament, and that a man might say anything, for that now
nothing was treason. He then tells the justices how easy it would
be to overturn the Government here by seizing the Lord Proprietor,
Chancellor, Secretary, and Colonel Darnall, all the rest (as he
said) counting for nothing. One Justice of the Peace told him he
had no commission and that it would be downright rebellion. He
AMERICA AND WEST INDIES.
177
1681.
left him and told the whole story to another justice who revealed
the whole matter to Lord Baltimore. Shortly after, Captain John
Coode takes the opportunity, at a feast, to discourse with a Papist
who was suing a friend of his for a piece of land. He told him
that he need not trouble himself about a piece of land, for that no
Papist in Maryland should be owner of any land at all in the
provinces within three months ; for he had ten thousand men
at his command and could make it high-water or low-water when
he pleased. After this it was observed that Coode paid visits to
Fendall, which he never used to do before, and they both went
over to Virginia. A few days after their return a boat bound from
Maryland to Carolina was driven by stress of weather to a house
in Virginia (sic), when the owner of the boat heard that Fendall
and Coode had been thereabouts, and that the general discourse
then was, that Fendall intended to raise mutiny in Maryland, and
that he and Coode would carry their families into Virginia. This
was sworn to, and at the same time information was given that
one of Captain Coode's servants had reported that his master meant
to move his family to Virginia on the following Thursday. Lord
Baltimore then thought it high time to look to the security and
peace of the province, and sent Colonel Darnall, with about ten
men, to bring Coode and Fendall before the Council. Colonel
Darnall came to Coode's when it was light, the usual servants
opened the door, and Darnall entered alone leaving his men outside,
and coming to Coode's chamber told him he was his prisoner.
Coode laid his hand upon his sword, but presently yielded, after
which Darnall crossed the river, captured Fendall also and brought
them both before the Council. Next day Mrs. Coode hectored my
Lord at arate that I never heard from a woman before, by which you
may conclude she was not run mad with the fright of her husband's
being pulled out of his bed, as we are told that her son Slye falsely
reports in London. I saw her three or four days later at St. Mary's,
and then I suspected that she would not long continue in her wits ;
you know that she had been mad for a time on the death of her eldest
son about the year 1659, and you had heard that she sometimes
fell into the like fits since. After this Lord Baltimore took bail
for Coode within five days, but Fendall was kept until iny Lord had
secured Lieutenant George Godfrey, who laid a plot to unhorse his
captain and carry the troops to the rescue of Fendal!, instead of
employing it in search of the Indians that had murdered some of
our planters and were daily expected to invade Charles County in
great numbers, as indeed they did three weeks later. Lord
Baltimore intends to send over their trials to show with how much
favour the Court proceeded and to stop the mouth of calumny.
2 pp. Printed sheet. Inscribed, The Committee took notice of
the printing thereof, 8th April. [Col. Papers, Vol. XLVII.,
No, 120.]
Dec. 31. 352. Sir Edmund Andres's answer to John Lewin's report on
Londou. New York. Going through Lewin's criticisms seriatim and ending
with a denial of the truth of all imputations against .him (see
y 93366. M
178
COLONIAL PAPERS.
1C81.
Dec. 31.
[1081 ?]
No. 348). 4 pp. Printed in New York Documents, Vol. III.,
pp. 308-13. [Col. Papers, Vol. XLVII., No. 121.]
353. Map of Virginia. On parchment. Some soundings given.
[Col. Entry llk t Vol. LXXX1I., init.}
354. Abstract of the Accounts returned from Newfoundland for
the year 1681. List of inhabitants, viz., planters, 219 ; married
planters, 97; children, 246, servants, 1,956; total inhabitants, 2,514.
Boats, 361. List of ships: fishing ships, 151; sack ships, 21;
men, 4,611. Boats, 806. Stages, 63. Train-fats, 34. Quintals of
fish caught, 83,240, which, at 12s. Qd. per quintal, is 52,025^., viz.,
32,950 quintals; value 20,593?. 15s. Od exported in sack-ships ;
50,290 quintals, value 31,43H. 5s., exported in fishing ships. Large
sheet, giving no further details. Endorsed as above. [Col. Papers,
Vol. XLVII., No 122.]
355. " Memorandum of some ships belonging to Jonas Therry,
English merchant at present in London, already arrived and seized
in the ports of Falmouth and Plymouth. Others daily expected,
and probably may be also seized in like manner," viz. : The Wal-
singham of London, from Maryland ; the William of London, from
Barbados ; the Charity of London, from Maryland ; the Seven Stars
from Maryland have been seized. The ships expected are the John
and the Jacob of London, from Barbados, and the Blessing from
Guinea. 1^ pp. Undated. Endorsed, " The account given to the
" K[ing] about James Therry's ships brought up from Barbados
11 and Virginia." [Col. Papers, Vol. XLVII., No. 123.]
356. Abstract of records of all the grants of land made in South
Carolina in 1681. in continuation of those abstracted in 1680 (sea
previous "volume, No. 1638).
In what County,
Persons Names to
Number
Parish, or Township,
T\ Q 4-rt
whom granted.
of Acres.
or in what River or
JAl&.
Creek granted.
Thomas Clouter
Town lot
.
5 October 1681.
Robert Gibbes
547
Wappoe Creek
,,
James Jones -
80
Jamestown Creek -
25 July 1681.
William Chapman
Town lot
-
5 October 1681.
John Horton
Town lot
...
22 August 1681.
John Ashby -
2,000
Cooper River -
25 April 1681.
Sarah Erpe
Town lot
-
26 October 1681.
Eliza Willis
70
Cooper River -
6 April 1681.
Joseph Calf
81
Islands
5 October 1681.
John Cowen - -
70
Stono River
3 July 1681.
Josiah Willis -
400
Cooper River -
6 April 1681.
Thomas Prade
70
Stono River
8 July 1681.
Theophilus Patey
470
Wawpachecoone Creek
7 September 1681.
Thcophilus Patey -
500
Dawtaw Creek
5 October 1681.
Edmund Fogestre
400
Wandoe Creek
8 July 1681.
Thomas Stan3 r arne - '
45
Ashley River -
7 September 1681.
Theophilus Patey
Townlot(2)
.
>J
William Chambers -
Town lot
...
6 October 1681.
John Ellis -
100
New Town Creek
3 October 1681.
[Col. Entry Bk. t Vol. XXIII., pp. 2-4.]
AMERICA AND WEST INDIES. 1*79
1682.
Jan. 3. 357. Sir Richard Button to Lords 'of Trade and Plantations.
Barbados. I have received yours of 17th September last, and rejoice in your
approval of me. I have now served the King forty years, and few
men have exposed themselves to greater danger for him. than have I.
I have settled the Court of Exchequer with the office fees and
without any charge to the King though much to his service, and
have levied some tines which could not be recovered since Francis
Lord Willoughby's time, by the rules of this Court. It is impossible
to do anything effectual for the King without it, and to let it fall
would much diminish the King's authority, which the Assembly is
ever trying to invade. Moreover, I do not know how to dispose
its business to any other Court without your particular directions,
but I shall execute your orders to the best of my power. As to
the Chancery and King's Bench I dispose of all causes there myself,
which is not the practice in any other Colony and gives me a great
deal of trouble. Nor can I put either or both of the offices in
Commission, for that would throw everything into confusion.
There would be no one who could exert any authority among them,
for being all planters together every man thinks himself as good as
his fellow. You will better understand the mutinous, ambitious
temper of these people who generally aspire to popularity, when I
tell you that had I commissioned (as at one time I had intended)
any person in this Island to hold the last Grand Sessions, I believe
(and the best opinions in this Island agree with mine) that they
would have been so little able to defend the case entrusted to them,
that they would have fallen together by the ears on the Bench, and
given me more trouble than can be imagined. Tliere is hardly a
cause in the Island wherein judgment has been given by one of the
Courts of Common Pleas, but there is an injunction or a writ of
error prayed for, that the case may be submitted for my final
determination. So that practically I have to hear all the causes in
the Island. My disadvantages in such circumstances are great.
My youthful training forthe law was early diverted by my hastening
into a military employment at the age of seventeen, as soon as the
King had need of me, which was before Edghill. Since that time
I have been faithfully and zealously employed in the same
profession of a soldier, in which I expected to spend all my time in
this place. However, I hope that you will think that I have done
my best to do justice indifferently to rich and poor. The Courts of
Common Pleas are held monthly in five precincts of the Island.
I should have reduced them to two, which would be greatly to the
benefit of the country, if I could, but the people love their old
constitutions settled by law of the country, and would not hearken
to it. Any attempt to recover a right of the Crown in these Courts
is, they think, to do violence to themselves, for they have long
persuaded themselves that all fines whatsoever should be appro-
priated to the use of the public and not of the King, though I have
now made them understand better, namely, that all fines given to
the public without appropriation to particular uses are understood
to be given to the King. I see to all Admiralty cases myself, and
being also Ordinary, 1 see also to that department, as, indeed, I do
M 2
180 COLONIAL PAPEES.
1682.
to all the rest of the Courts of Judicature, without one penny of
advantage to myself. On the contrary, I am obliged to pay several
clerks out of my own purse, which is a great hardship to me. Any
employments fit to reward the deserving withal are engrossed by
patentees who execute their duty by deputies, who deserve nothing
from the Crown, and are a dishonour to it. I do not fail to send
the laws and the proceedings of the Council and Assembly to you
every quarter. I have no recollection of discharging any persona
from public accounts ; it is rather a point that I am particularly
careful to refuse. As to the Habeas Corpus Bill, the Bill declaring
when the laws of England shall corne into force, and other Bills of
the kind, I shall always refuse them whatever the pressure put
on me, though, as you may see by the Assembly's late addresses to
me, that pressure is great. I shall preserve the royal prerogative
and do rny duty without thanks in spite of the temptations of the
Assembly. Since my arrival I have carefully informed myself as
to the various administrations here since the expiry of Lord
Carlisle's patent. Whenever the governorship has been vacant
since that time the Deputies appointed to^the place have striven to
lessen the Royal prerogative and invade the rights of the Crown,
knowing that their terms of power were short, and their oppor
tunities of gaining popularity great. It must always be
mischievous to the government if in the death or removal of any
governor his authority shall descend on the eldest resident member
of the Council. For 'should such an one be a native or a planter
(and there are but two members of the Council that are not so),
he generally affects popularity, being of slender fortune, mean parts,
and consequently of no reputation, or, what is worse, of no loyalty
and courage to support the Government. In such a case the
King's interests would soon be brought to the same contempt as
formerly, and to a much worse condition than that in which I
found them, which was bad enough. If the King's affairs should
ever again be in so unhappy a condition as to require the assistance
of the Council, I am afraid that, owing to the system under which
recent nominations have been made, I should find it a broken reed
and unsafe pillar to rest on. I therefore suggest that for the
future no man be nominated of the Council until you have a
character of him from the Governor for the time being, for there is
no one who can or will so faithfully represent his fitness or
unfitness to you, And it should be provided that the candidate
be neither a planter nor native, for a man who becomes either
ceases to be useful to the Crown. I am sure that you will find
this to be invariably true. And since, in the event of my death,
the Government by my commission must needs fall into such ill
hands, I cannot but let you know how perilous it would be, and
beg the King to empower me, in case of sickness, to nominate as
my successor the man who, I am assured, is best qualified for the
place, and so to keep the Government in the present good disposition
to which it has been brought, though not without difficulty, in
respect alike of civil and religious matters. I protest that I have
no motive in making this suggestion but the advancement of the
AMERICA AND WEST INDIES,
181
1082.
Jan. 4.
Barbados,,
Jan. 12.
Jan. 12.
Council
Chamber.
King's honour. I have heard from Sir William Stapleton, who, in
consequence of the attack of the Indians of St. Vincent and
Dominica or Barbuda, .naked for my leave (they being within my
Government) to make war upon them, and for my assistance in so
doing. I was obliged to answer him that I could do neither, beinsj
limited by my instructions not to make war, but that I would
represent his wish to you. In my opinion this war should be
undertaken, provided that we are so prepared as to carry it on
vigorously even to the extirpation of these savages. I know not
how it may be done, for I am well assured that the people of
Barbados think the matter no concern of theirs. They are so
little interested in the well-being of the Leeward Islands, which
can never be useful to them, and are, as they think, growing too
fast upon them already, that they would be well content to see
them lessened rather than advanced. I do not expect that a man
in the Island will concern himself with them, much less contribute
towards such a war. A vessel came in yesterday that had been to
St. Lucia to cut wood, but the natives had killed four of them and
forced them to retire. I have therefore given orders that no
more ships are to go thither but such as are sufficiently armed and
manned to protect the labourers against such attacks. The Duke
of Corn-land has sent a Governor with a couple of ships and about
one hundred men to resettle Tobago. They touched here to obtain
some necessaries, but if care be not taken to recruit them speedily
the unhealthiness of the climate and their wants will soon drive
them out of it, even though the Indians, who will not want for
intelligence of their weakness nor for willingness to take advantage
of it, should not attack them. Holograph. 7 pp. Endorsed
with a long precis. Reed. 8 April 1082. Read same day. [Col.
Papers, Vol. XLVI1I., No. 1, and Col. Entry Bk., Vol. VII. ,
pp. 110-117.]
358. The Clerk of Assembly of Barbados to [William
Blathwayt]. Forwarding copies of the Assembly's proceedings,
rules, and bills. Has not sent copies of several petitions which are
unimportant ; such petitions as called for the redress of grievances
by the Governor and Council have doubtless been forwarded by
the Secretary. Signed, John Higinbotham. Endorsed and
inscribed. Reed. 28 March 1682. 1 p. [Col. Papers, Vol. XLVIII.,
No. 2, and Col. Entry Bk., Vol. VII., p. 118.]
359. Fundamental Constitutions of Carolina. One hundred and
twenty clauses. This is the second set of Constitutions. [Col.
Entry Bk, Vol. XXL, pp. 23-42.]
360. Journal of Lords of Trade and Plantations. Draft of
Lord Culpeper's Commission and Instructions read and submitted
to him for his comments. His objectious, if any, to be made in
writing on the 19th instant.
Report concerning the Government of New Hampshire read and
approved (see next Abstract). [Col, Entry Bk., Vol. CVL,
pp, 333-334.]
182
COLONIAL PAPERS.
Jan. 16.
Whitehall.
Jan. 17.
Mile End
Green.
1682.
Jan. 13. 361. Lords of Trade and Plantations to the King. We have
Chamber considered the condition of New Hampshire and perused the Acts
and Orders of Council and Assembly recently received from thence,
from which it appears that some persons in the Government have
abetted divers irregular proceedings inconsistent with your service
and with the settlement of the country. We find most of the public
Acts unequal, incongruous and absurd, and the methods of the
Council and Assembly in establishing the same so disagreeable and
repugnant to the terms of your Commission, that we see no hope
of a settlement unless you appoint a faithful and capable man as
Governor to carry out such regulations as you think fit. And we
recommend this as the best means to prevent further irregularities
and to render the country useful to the Crown and able to defend
itself against foreign invasion. Signed, Ailesbury, Craven, Clarendon,
Fauconberg, L. Jenkins, Edward Seymour. [Col. Entry Bk.,
Vol.LXVII.,pp.30,31.]
362. Order of the King in Council. That since the ships that
take the pay for the foot companies in Virginia are still in the
Downs, pay for three months more, to 1st April, be sent out to
them. [Col. Entry Bk., Vol. LXXXIL, p. 9.]
363. Sir John Berry to William Blathwayt. Your letter of
12th instant came to me when I was at death's door with a violent
fever. I am so weak that 1 cannot attend the Lords of Trade and
Plantations on Thursday as ordered. I have no papers in my
possession which concern Mr. Beverley, Mr. Hill, or any other
persons in Virginia. All the papers we had were in the custody of
Colonel Moryson, who told me before his death that he had made
them over to the Council Board. Signed, John Berry. Post-
script If you tell me what papers you want I may be able to
satisfy you by memory. Inscribed, " From Mr. Berry " [? Sir
John]. Endorsed. Reed. 18 Jan. 1681-82. 1 p. [Col Papers,
Vol.XLVIII.,No.3.]
Jan. 17. 364. Extract from Minutes of Council of Jamaica. Sir Henry
St Ve g< a de la -^ or S an an d seven members being present, the petition of Captain
Peter Paine, of the French King's ship La Trompeuse, was read
and the Captain called in. His contract being translated and
entered on the Council Book, it was in a debate unanimously
resolved that he should be received into the King's protection and
naturalised, on his engaging to use his best endeavours to return
his ship to the French King. Copy. Signed, Rowland Powell,
Cl. Concil. \ p. Inscribed and endorsed. Reed. 16 Aug. 1682.
[Col. Papers, Vol. XLVIIL, No. 4.]
[Jan. 17.] 365. Copy of Peter Paine's agreement with the French King
for the hire of the ship La Trompeuse. 2 pp. French. Endorsed,
" Reed, from Sir Henry Morgan, May 1682." [Col. Papers,
Vol. XLVIII., No. 5.]
[Jan. 17.] 366. Petition of Captain Peter Paine, of the French ship, La
Trompeuse, to Sir Henry Morgan, Petitioner hired his ship of the
AMERICA AND WEST INDIES. 183
1682,
French King, and hearing of the inhuman treatment of the
Protestants in France, of which he is one, has resolved to send back
his ship and pay all that is due under his contract, and to ask for
leave to settle with the English and for English protection. Copy,
certified by Rowland Powell. 1 p. Endorsed, " Reed. 16 Aug.
1682 ;" also with particulars of the skip, [Col. Papers, Vol.
XLVIIL, No. 5A.]
Jan. 17. 367. The Council of Jamaica to Lords of Trade and Plantations.
Jamaica. \y e have with all possible care endeavoured to pursue the King's
instructions for the calling of a General Assembly to make laws
conducing to his service and acceptable to his subjects here. The
difficulties which we have encountered by frequent disputes have
been the cause of several prorogations before we could pass the body
of laws which we now transmit. And though we have so closely
followed the Royal orders as to admit nothing contradictory to
them, yet necessity has forced us to consent to some things which
our judgments disapproved ; but we hope that our reasons will be
found valid by you. The Assembly refused to ascertain the
jurisdiction of the Admiralty .by a provision in the Act for the
boundary of parishes, upon which the whole clause that clashed
with it was left out, and the jurisdiction referred to the decision of
the law. As for the Bill for ascertaining the rates of negroes, the
Assembly, on our producing the King's Order in Council for the
same, were so fond of it that no other business could be done till
that was adjusted. Nevertheless the Bill that they prepared being
different in some points from the intent of the said order, we
contested the same, and being unable after several conferences to
bring them to consent to our reasonable amendments, we rejected
it. Another being afterwards proposed more agreeable to the
said order we could not but agree to it. The Assembly would
by no means consent to the last proviso directed to be inserted in
the Militia Bill. The more plausible we tried to make it the more
jealous they were of it, as if it rendered not only that Bill but all
our other laws ineffectual. Considering that the Bill must have
fallen, unless accommodation could be made by some after clause
to secure them from such illegal uses as they thought might be
made of that proviso, we were forced to consent to the clause that
concludes the Act. As to the Revenue Bill, our difficulties were so
many that we shall trouble you only with those that were most
contested. First there was the application of a thousand pounds
per annum to the fortifications, which we should have preferred to
be done by the King's instructions rather than in virtue of the Act.
But to this the Assembly would not agree, saying that it knew by
long experience the little care taken for the reparation of the forts,
especially as the six hundred pounds a year allowed by the King to
that end out of the English Establishment had never yet, nor any
part thereof, been applied thereto. Our second objection was
against annual Assemblies, as intrenching on the Royal Prerogative.
They replied with great submission that they intended nothing of
the kind, and beg that this might be understood, protesting that
184 COLONIAL PAPERS.
1082.
their only object was to give themselves the power of representing
any grievances or oppressions to the King ; a thing which as private
individuals they could not do without risk of being accounted
seditious. Our third objection was against the tacking of the body
of laws to the Revenue Bill. They answered that they had spent
much time and money in making several bodies of laAvs, some of
which were sent home for the King's confirmation ; but that owing
to the distance of Jamaica, the pro-occupation of the ministers at
home with more important affairs, and the inability of the Colony
to afford the expense of a solicitor constantly to watch its interests,
none of these laws have been confirmed. The delays have been
such that laws have often expired before the King's pleasure was
known or the "Assembly could have an opportunity of reviewing
them, which has caused the Government great and unavoidable
difficulties. To avoid such trouble in the future they could think
of no better expedient than to tack the laws to the Revenue Bill.
The two years limited for their ratification they judge a sufficient
time for the signification of the King's pleasure. We rejoined, and
backed our argument with several reasons, that they had no ground
to distrust the King'.s confirmation of the laws, as they had
hitherto followed his directions in all respects, and that the only
thing really to be feared was that this and the former clauses might
create exceptions not only against the Bill itself but against the
whole body of laws, thus bringing about the very evil which
they causelessly dreaded. Nevertheless, they insisted on it as the
sense of the whole house, adding that the foregoing clauses were the
great, if not the only, motives which led them to pass the Bill for
seven years. Beyond that time no arguments could prevail with
them to extend it. Whereupon, considering the impossibility of
obtaining the Bill and the other laws that depended on it on any
other terms, the ruinous state of the forts and the difficulties of the
Government for want of revenue and laws, we thought best to
accept the Bill on these terms rather than lose it, for we had
reasons to believe that the same conditions would be revived for
the Bill on a future occasion, if we should reject it on the present.
We hope that these explanations will satisfy you for our behaviour,
and that the King'will confirm the laws and apprise us to that
effect within a 'reasonable time. Signed, Chas. Modyford, Ro.
Byndloss, Jo. Cope, Tho. Ballard, John White, J. Fuller, The. Cary.
Inscribed and endorsed. Reed. 28 Oct. 1682. 5pp. [Col. Papers,
Vol. XLVIII., No. 6, and Col. Entry Bk., Vol. XXX., p. 56-61.]
[Jan. 17.] 368. List of the Acts of Jamaica enclosed in foregoing letter
(see ante, Nos. 160, 215, 270). Reed. 25th May 1682. [Col. Entry
Bk, Vol. XXX., pp. 61-63.]
Jan. 19. 369. Journal of Lords of Trade and Plantations. Sir NicholasCrisp
Council and other Patent Officers of the Customs attend with an account
)er- of goods exported and imported to and from the Colonies withn
the port of London for the month of October last (see No. 279).
They represent the great inconvenience that may happen to the
AMERICA AND WEST INDIES, 185
1082.
Kino's Customs in England if the bonds which are given in Virginia
by masters of ships for making true entries there should be put
in execution in Virginia, upon information to be gathered from
these accounts, inasmuch as masters of ships, being terrified thereby,
would venture to run their goods and defraud the King's Customs
in England, where they pay five pounds for what is chargeable with
but two shillings in Virginia. The Officers of Customs also pointed
out that their frequent attendance on the Committee in this
question has much alarmed the merchants and induced them of
late to make their entries in other names. The officers being then
withdrawn, the Lords agree that the Commissioners shall continue
to furnish these monthly statements, not only from London, but
from the outports and from their collectors in the Colonies.
Lord Culpeper attends and asks for powers to appoint so many
Councillors upon a vacancy as will make up the number of nine
instead of seven, as directed by his Commission. The Lords agree
to report this to the King in Council. As to the manner of
restraining the Assembly of Virginia from meeting till Lord
Culpeper's arrival, agreed to write to Sir Henry Chicheley forbidding
him to call an Assembly without the consent of at least seven of
the Council. [Col Entry Bk, Vol. CVI., pp. 337-339,]
Jan. 20. 370. The King to Sir Henry Chicheley. As Lord Culpeper
will shortly start for Virginia, you will call no Assembly, except
for urgent and need, and with consent of seven of your Council,
until 10th November. [Col. Entry Bk., Vol. XCIX., p. 96.]
Jan. 21. 371. Journal of Lords of Trade and Plantations. Draft of
Council letter to Sir Henry Chicheley read and approved, ordering the
)er< Assembly not to meet till 10th November. Lord Culpeper's
instructions read, and that respecting the freedom of Virginian
ships left out. The Virginian Act for Appeals of 1661 ordered
to be repealed. On the question of appeals the Lords think fit
that they be made to the King in all cases exceeding one hundred
pounds, and, that appeals may not be made too frequently, and for
matters of small value, to the Governor and Council, it is thought
fit to provide by an instruction that the Governor and Council
propose to the Assembly to settle the best methods for regulating
appeals to the Governor and Council. On reading the instruction
for Christian servants the Lords do not think that land should be
set out for them at their importation, but fifty acres on their
becoming free. Agreed that the Governor and Council may raise
the value of foreign coins by proclamation, provided that all
moneys due to the King and Government be paid in sterling, and
that this be inserted in the instructions. Sir John Berry being
unwell the business of Robert Beverley is deferred till he be well
enough to attend. The instruction concerning the proceedings and
declaration of the Assembly to Colonel Jeffreys ordered to be
inserted, with the further directions given therein in Council on
21st December last. [Col Entry Bk., Vol. CVI., pp. 339-340.]
186
COLONIAL PAPERS.
1682.
Jan. 21.
Council
Chamber.
372. Report of Lords of Trade and Plantations to the King.
We have prepared Lord Culpeper's Commission, wherein it is
provided that if, from any causes, there be less than seven
Councillors residing on the spot, the Governor shall have power to
ereate sufficient Councillors to make up the number to seven.
Lord Culpeper, however, wishes to change the number seven to
nine. We beg directions. Mem. Report approved, and order
given that the number be changed to nine. [Got. Entry Bk.,
Vol. LXXXIL, p. 14.]
Jan. 21.
Jan. 23.
Council
Chamber.
373. The King to Sir Henry Chicheley. As Lord Culpeper
will shortly return to Virginia we have directed him not to call
another Assembly till the 10th November, unless by the consent of
seven of your Council you find it necessary. p. [Col. Entry
Bk, Vol. LXXXIL, pp. 11-12.]
374. Journal of Lords of Trade and Plantations. Mr. Mason's
address to the King read, offering to surrender a fifth part of his
estate in New Hampshire, which is, or shall be, recovered by him.
Agreed to present the same to the King in Council, with a sugges-
tion that the King be pleased to enable Mr. Cranfield to go and
settle himself in that Government [Col. Entry Bk., Vol. CVI.,
p. 341.]
[Jan. 23.] 375. Robert Mason to the King. Since you have appointed
Mr. Cranfield to be Governor of New Hampshire, whereof .the
proprietary of the soil is vested in me, I must express my sense of
the advantages that will arise to me and to all from this arrange-
ment. To ease the cost of Government, I think myself bound in
duty and gratitude to contribute liberally thereto, and I therefore
offer one-fifth of all rents, revenues, and profits, arising not only in
that part of the province which is now under your authority, but
also in that which is unjustly kept by Massachusetts, I also
surrender to you all fines and forfeitures praying that they may be
allotted to the support of the Government. When Governor
Cranfield is established in authority, he with the Council and
Assembly will be able to raise additional revenue. Copy. 1 pp.
Endorsed. Read Jan. 23, 1682-83. [Col. Papers, Vol. XLVIIL,
No. 7.]
Jan. 24. 376. Minutes of Council of Barbados. Edwyn Stede sworn of
the Council. His Excellency summoned the Assembly and told
them that as they had sat for ten months he thought they might
have provided some useful Bills, but as they had not he dissolved
them. Declaration of the Governor in justification of his action.
Dated, 28th January 1682. 5 pp. [Col. Entry Bk., Vol. XL,
pp. 500-506, and a second entry on p. 513.]
Jan. 24. 377. Journal of Assembly of Barbados. The House was sum-
moned by the Governor. Resolved that in its return it prepare
a bill for raising a public levy, On attending his Excellency he
AMERICA AND WEST INDIES.
187
1682.
Jan. 24.
Barbados.
Jan. 26.
Jan. 26.
Maryland.
Jan. 26.
Jan. 27.
Council
Chamber.
declared his intention of dissolving the House and dissolved it
accordingly. [Col Entry Sk, Vol. XIII., p. 470.]
378. The Clerk of Assembly of Barbados to William Blathwayt.
Eeporting dissolution of the Assembly and forwards its proceedings
on the day of dissolution. Signed, John Higinbotham. Endorsed
and inscribed. Reed. 28th March 1682. [Col. Papers, Vol. XLVIII.,
No. 8, and Col. Entry Bk, Vol. VII., p. 119.]
379. Copies of Commissions issued to Thomas Thurton and
Walter Barefoot by Edward Randolph, appointing them his deputies
in New Hampshire. The first dated 25th January, the second 8th
March 1C82. Certified by Richard Chamberlain. 3pp. Endorsed,
" Reed, from Mr. Mayer, 4th December 1686." [Col. Papers,
Vol. XLVIII., No. 9.]
380. Affidavits of Robert Carvill and of G. Vansweringen about
the proceedings and condemnation of the ship Liverpool, they being
two of the Justices appointed for that special Court. Five long
sheets. Signed, Philip Cal vert, Cane, .before whom the affidavits
were sworn, 26th January 1681-82. Endorsed. [Col. Papers,
Vol. XLVIII., No. 10.]
381. Minutes of Council of Virginia. Proclamation proroguing
the Assembly from the 15th February to the 18th April 1682.
[Col. Entry Bk,Vol. LXXXIV., p. 98.]
382. Journal of Lords of Trade and Plantations. Sir Jonathan
Atkins' report touching the state of Barbados read (see ante, No. 311).
Ordered, That it be compared with former accounts sent by him.
Several papers transmitted by the Lords of the Treasury respecting
Christopher Rousby. The Report of the Commissioners of Customs
on the whole matter read, together with a letter from Lord
Baltimore to the Lord Privy Seal complaining of Mr. Rousby
(see ante, No. 1 29). Mr. Rousby is called in, who declares on oath
that he left Maryland on the llth June, and had been with Lord
Baltimore for several days before his departure. Lord Baltimore
had not charged him with any accusation, though he had published
his intended departure four months before. Fourteen days before
his departure Lord Baltimore proposed a match for him with one
Mrs. Babington, so far was his Lordship from showing any mark of
displeasure with him. The Lords agree to report that, having
examined the whole matter, they think Lord Baltimore has
proceeded in a very unusual manner by charging Mr, Rousby in his
absence, without giving him any notice of his accusations before
his departure from Maryland, and that he has not sent sufficient
proofs of his charges to gain them credence. All of which will be
written in a letter now preparing to Lord Baltimore (see post,
No. 403).
Several depositions sent by Sir William Stapleton in his letter
of 16th August last, concerning a Spanish man-of-war that
had plundered an English ship, were read. Their Lordships
188 COLONIAL PAPERS.
1682.
will recommend that copies be given to the Spanish ambassador and
satisfaction asked for the same. On Sir William Stapleton's
proposal to devote the fifteen hundred pounds allowed to him to
the building of one fort, the Lords agree and hope that the people
will contribute voluntarily to build a fort in each island. [Col,
Entry Bk. t Vol. GVI., pp. 343, 344.]
Jan. 27. 383. Commission to Lord Culpeper as Governor of Virginia.
Clause 3 gives power to suspend Councillors. Clause ,6 excludes
displaced Councillors from the Assembly. Clause 22 gives power to
pursue enemies outside the limits of the Colony. Clause 32 forbids
the Governor to fill up offices granted under the Great Seal of
England except temporarily. Thirty-seven clauses in all. Great
Seal affixed 27th November 1682. [Col. Entry Bks., Vol. LXXXIL,
pp. 15-29, and Vol. XCIX., pp. 97-106.]
Jan. 27. 384. Instructions to Lord Culpeper. Eighty-two articles. The
Whitehall. mos t noticeable points are : Article (14.) All fines and forfeitures
are to be declared to be payable to the King. (15.) All Acts for
permanent purposes are to be indefinite. (31.) The Assembly is to
be advised to do away with taxes levied by poll, and (32) to raise an
impost on imported liquors, and (33) to settle a more certain and
reasonable allowance of taxes pn tobacco. (35.) Salaries of
Members of Assembly are to be reduced. (64.) No appeals are to
be allowed from the Governor and Council to the Assembly.
Appeals are to be allowed to the King and Privy Council in
matters where 100?. and upwards is at issue. (65.) The Governor
is to endeavour to pass laws to restrain inhuman severity towards
white servants or black slaves. (68.) The building of towns is to
be specially encouraged, and no ships are to unload except at
towns. Jamestown is to be headquarters. The King will take
it well of the chief inhabitants if they build a house or two
there. (72.) The planting of vines, silk, hemp, and flax is to be
encouraged. (73.) The Council, and, if thought fit, the Assembly
also, may be consulted as to the expediency of putting restraint on
the planting of tobacco. Against each article of the original
are Lord Culpeper s marginal notes, for which see under 20th
September 1683. [Col. Papers, Vol. XLVIIL, No. 11, and Col.
Entry Bks., Vol. LXXXIL, pp. 30-6], and Vol. XCIX., pp.
107-122.]
Jan. 30. 385. Petition of Philip Dogherty and Richard Roerty, " newly
returned from servitude at Mexico," to Sir Henry Morgan.
Petitioners were at Trist, in the Bay of Campeachy, 18th May
1680, when Captain Don Philip Barrera, General of the King of
Spain's armada in those parts, ordered them, with about sixty
more English, to surrender to him as they expected the safety of
their lives. Petitioners and the rest did so, being destitute
of everything, having lost all their ships captured by the
Spaniards while they were ashore. But before surrender Barrera
gave them assurance under his hand that, within two months after
their arrival at the port of Campeachy, he would furnish them with
AMERICA AND WEST INDIES. 189
1682.
a vessel, thoroughly equipped, to transport them to Cayenne or
JaiTiaica. But, breaking his agreement, Barrera drove the whole
of the English on board two small armadillas, where they were
immediately clapped in the hold till they arrived at Vera Cruz
from Campeachy, after staying at Campeachy for six days in
most loathsome dungeons. At Vera Cruz they were kept for
six weeks together carrying sand without intermission, even on
Sundays, and from there were transported to Mexico on news of
the arrival of the Plate fleet, and the Marquis de Laguua, the new
Viceroy. There they were sold for life to clothworkers, though
previous to the arrival of the fleet they had been designed for the
Philippines. When petitioners were sold there were not less than
a hundred and seventy disposed of at the same time. They were
used with more severity than negroes, and when any of them
happened to die the naked corpse was dragged through the streets
of the city, then cut in pieces and thrown in the field Alborado to
dogs and fowls of the air. Petitioners pray that their case may
be represented to the King for their relief. " Sworn before me,"
30th January 1682. Signed, Henry Morgan. 1^ pp. Inscribed
and endorsed. Reed. 22nd May 1 682. [Got. Papers, Vol. XL VIII.,
No. 12.]
Jan, 30. 386. Duplicate of foregoing. [Col. Papers, Vol. XLVIII.,
No. 13.]
Jan. 30. 387. Copy of foregoing. [Col. Papers, Vol. XLVIIL, No. 14.]
Jan. 31. 388. Journal of Lords of Trade and Plantations. Petition of
William Fisher, of Tercera, read (see No. 183). Lord Culpeper
declared the allegations therein to be true, and that the Government
of Virginia had been backward in doing him justice. Agreed to
recommend that Sir H. Chicheley report on the case. Lord
Culpeper represented that, by the Virginian Indemnity Act, several
followers of Bacon were still incapable of holding office under
Government, and pointed out Messrs. Sherwood and Langston of
them as fit to receive the King's pardon. The Lords did not agree
that they deserved pardon.
Agreed that Sir William Stapleton be ordered to report his
reasons for condemning the Act for extending lands of Antigua.
The Lords agreed to submit the clauses respecting legislative
power in the Governors' commissions to the Crown law officers,
with the following question : If a law be made by the legislative
power aforesaid without being afterwards confirmed or disapproved
by the King, and a law being thereupon passed to repeal that first
law, the King think fit to make void that repeal; in such case is
the former law revived or restored to its full force as if it had never
been repealed ? [Col. Entry Bk, Vol. CVIL, pp. 1-3.]
Jan. 31. 389. Report of Lords of Trade and Plantations to the King.
Council Submitting draft of the following letter from the King to the
Commander-iu-Chief of Virginia. We have received a petition
from William. Msher, residing in the Island of Tercera (see ante,.
190 COLONIAL PAPERS.
1682.
No. 183), complaining of sundry unjust acts done to his prejudice,
which on inquiry we find to be in great part true. 1 We therefore
signify to you our resentment of these irregular and unwarrantable
proceedings, and require you to examine and report to us why notice
has for so long been denied to the petitioner. [Col. Entry Bk.,
Vol. LXXXIL, pp. 63-65.]
Jan. 31. 390. The Secretary of Barbados to Lords of Trade and Plan-
Barbados, tations. Forwarding quarterly returns. Ill weather has detained
the ships till now, so has sent all transactions up to the dissolution
of the Assembly. 1 p. Endorsed and inscribed. Kecd. 5th April
1682. [Col. Papers, Vol. XLVIIL, No. 15, and Col Entry Bk.,
Vol. VJL, pp. 117-118.]
Jan. 31. 391. Lord Baltimore to William Blathwayt. I send you
herewith the trials of Captain Josias Fendall, Captain John Coode,
and Lieutenant George Godfrey. I beg that the Lord Privy Seal
and Secretary of State may peruse them. The apprehension
of these three men made my enemies report by letters last summer
that I was violent against the Protestants here, and that upon
groundless jealousies and bare suspicion I had committed six or
seven Protestants. Had not these three persons been secured in
time you would soon have heard of another Bacon ; and then,
possibly, the wickedness of these fellows would have been charged
to the Papists as designing to be quit of the Protestants, under
which pretence these persons began to act. Time, the mother of
truth, will, I hope, remove these impressions which my enemies
have endeavoured to beget in the Lords of the Council to my
prejudice, and I trust your kindness also. Signed, C. Baltemore.
Holograph. 1 p. Endorsed. Reed. 15 April 1682. The letter is
dated and also endorsed 32 January (sic). Annexed,
391. I. The trial of Josias Fendall before six Justices at the
St. John's, 15th November 1681, for scandalous, mutinous
and seditious practices and speeches. Verdict, guilty.
Sentence, fine of 40,000 Ibs. of tobacco to Lord Baltimore ;
imprisonment till fine paid. Signed, Philip Calvert. The
trial is reported to the minutest word. 19 quarto pages
in a beautiful hand. On the first page is a letter, as
follows : Lord Baltimore to William Blathwayt. This is
the trial of Josias Fendall, who in 1659 was my father's
Lieutenant-General and Chief Governor of Maryland, but
having most perfidiously broken his commission and
taken another from the country, was fined and declared
incapable of holding further office in the country. This
was the utmost punishment my father's justices would
inflict on him. Since then he has endeavoured mutiny
as opportunity offered, and this last July had almost
brought matters ripe for it. Being esteemed a subtle,
cunning person it was expected that he would make a
great defence. I ordered the Clerk of the Council. John
Llewellin, who writes shorthand, to sit with the Clerk.
AMERICA AND WEST INDIES. l9l
1682,
of the Provincial Court and report the trial for the satis-
faction of persons here, and I am glad that I did so, for
now it is before you, and will, I request, be laid before
the Lords of Trade and Plantations. Signed, C. Baltemore.
22 Jan. 1681-82. Holograph. 1 p.
391. II. The trial of Captain John Coode at the Provincial Court
of Maryland, on 8th November 1681, for mutinous and
seditious words and practices against the Lord Proprietor.
Verdict, Not guilty. Ordered by the Court that he give
security for his good behaviour and appearance at the
next General Court. On same sheets,
The trial of Lieutenant George Godfrey on the 14th
November for seditious speeches and practices and
attempts against the person of the Lord Proprietor.
Verdict, guilty. Sentence, death. Signed, Philip
Calvert. Inscribed, "About a week after Godfrey was
condemned I gave him pardon for life, and he remains in
prison for the rest of his days. He was a Justice of the
Peace and lieutenant of a troop of horse, and was actually
in the service of the province when he was designing to
fetch Fendall out of the hands of C. BALTEMORE. The
whole, 6 pp. Endorsed by Lord Baltimore. Reed.
15 April. [Col. Papers, Vol. XLVIIL, Nos. 16,
16 i., ii.j
[Jan. 31?] 392. The oath of fidelity to theJLord Proprietor of Maryland.
1^ pp. Undated. Perhaps sent inth reference to the trial of
George Godfrey. [Col. Papers, Vol. XLVIIL, No. 17.]
Jan. 31. 393. Samuel Wilson to William Blathwayt. I waited on you
last week about the boundaries of Virginia and Carolina, when you
told me Lord Culpeper had the paper submitted by the Lords
Proprietors. The Proprietors think their proposals reasonable.
Pray recover the paper and send it back to me. If the business
be not settled now we never know when we may have another so
good an opportunity. Signed, Sam. Wilson. Endorsed. Jan. 31.
i p. [Col. Papers, Vol. XLVIIL, No. 18.]
Feb. 2. 394. Sir Richard Dutton to Sir Leoline Jenkins. The late
Barbados. Assembly has persisted in spite of my warnings in most undutiful
behaviour towards all the King's commands which were most
excellently calculated for the benefit of the Island, and has damaged
the country to the value of at least twenty thousand pounds.
Thinking it inconsistent both with my duty and my honour to
suffer them to pursue their unjustifiable proceedings any longer,
I considered myself obliged to dissolve them, and did so on the
24th January to the great astonishment and still greater satisfaction
of the country. I prepared a declaration of my reasons to be read
in all the churches of the Island last Sunday, which had the effect
that I desired there, and I hope may have the like success with the
King's Council. I have sent it to Mr. Blathwayt for you, and beg
your favourable construction thereof. I know that I have aimed.
192 COLONIAL PAPERS.
1682.
only at the maintenance of the King's honour, and not at my
private advantage. That the Assembly might see my just resent-
ment of their ill behaviour, I removed all the leading men of the
faction from all employment, military or civil, previous to the
dissolution, and have put much better men in their places. One of
them was a judge called Littleton, a man who loves neither the
King nor the King's government ; and had Sir Jonathan Atkins
done his duty, he would not have left such a person behind him for
me to contend with. He told Sir Jonathan most traitorously that
if the King did not faithfully perform the things that the people
entrusted him withal it was in their power to thrust him from
his government. This he said to him privately, but Sir Jonathan
had not the resolution to punish him and actually had the folly to
speak it to one of the Council, Mr. Stede, who told him that he
ought either to conceal it or make an example of Littleton. The
other Judge is one Quintin who is a great intelligencer, and supplies
all the faction here with scandalous papers, and was always
caballing with them and endeavouring to lessen the prerogative on
every occasion. Holograph. \\ pp. Endorsed. Reed. 2 April
1682. [Col Papers, Vol. XLVIIL, No. 19.]
Feb. 3. 395. Order of the King in Council. For the preparation of a
Whitehall. Commission to Edward Cranfield as Governor of New Hampshire.
Signed, John Nicholas. p. Endorsed. Reed. 16 Feb. 1681-82.
[Col. Papers, Vol. XLVIIL, No. 20, and Col. Entry BL,
Vol.LXVIL,p.32.]
Feb. 3. 396. Order of the King in Council. Referring the petition of
Whitehall. Benjamin Middleton to the Lords of Trade and Plantations for
their report. Signed, John Nicholas. p. Annexed,
396. 1. The petition referred to. Petitioner's father, Thomas
Middleton, spent 8,000. on the settlement of a plantation
in Antigua, but lost the whole by the invasion of the
French in 1667. The inhabitants, however, being sensible
of his merit and of that of Mr. Jacob Lucy, passed an Act
soon after the rendition of the Island to the English
requiring every inhabitant (except him and Mr. Lucy)
to re-settle and to pay taxes. Thomas Middleton died
many years ago, and petitioner succeeded to the Plantation,
but, having many debts, was not in a condition to re-settle
on the Island till last year, when he agreed with
Mr. William London's correspondent to do so. To his
great surprise he now hears that some people have got
possession of his plantation and refuse to allow Mr. Lon-
don to enter, on pretence of some late Act which is not
yet confirmed by the King. Prays that the Act may not
be passed, and that Governor Stapleton may be directed
to relieve him. Copy. 1 pp. Endorsed. Reed.
18 Feb. 1681-82. [Col Papers, Vol. XLVIIL, No. 21,
and (order only Col. Entry Bh, Vol. XLVII., pp. 48-
49.]
AMERICA AND WEST INDIES. 193
1682.
(Feb. 6. 397. Mr. C. Jones to Lord Baltimore. This is to ask you for a
Mount Paradise, permit for trade at Nanticoke only for Roanoke and Peake, if there
\ irgmia. j^ an ^ Comm0( jity prohibited by your laws. I have an inland trade
about four hundred miles from here S.S.W. This year the Indians
will leave Roanoke, and I have a considerable trade with them.
Through it I learned six weeks since of the motion of the Seneca
Indians about three hundred miles S.S.W. from here. They took
from an Indian town thirty-five [prisoners] and four or five from
several small towns under the mountains near five hundred miles
[from hence]. They have so oppressed the Indians that they have
made no corn this year ; they are now in a full body returning
home. By reckoning they may be now in your country on their
return, " when the turkeys gobble," by the information of those
that were here. I expect to hear from the priest, and will forward
any further news. Not long since I was at Mr. Heale's and
heard of your coming to Notley Hall. He gave me to under-
stand that you would take it kindly if I watched the action of
Mr. Fendall, which I have since made it my business to do. He
converses with no gentry, for they would condemn one so arrogant
as a man to be watched in all his motions. Mens' actions are so
carefully inspected here that you need fear no mischief from
Fendall in your country. Your grant of a permit to trade would
be an act of charity. Copy. 1 p. On the page within, A second
note from the same to the same, dated 3rd March 1682. On the
other -side is a copy of a letter which I was promised should be
delivered, but you being not at Notley Hall it was returned.
Pray empower the bearer, Thomas Ousley, to trade for me. Signed,
Cadwallader Jones. Holograph. \ p. Endorsed, " Letter con-
cerning Virginia. Reed, from my Lord Baltimore." [Col. Papers,
Vol. XLVIIL, No. 22.]
Feb. 7. 398. Journal of Lords of Trade and Plantations. Petition of
John Ewin for satisfaction for brandy seized by Sir John Berry
read. Ordered, that the matter be reported to the King if the
petitioner insist further (see No. 401).
Draft of a letter to Lord Baltimore read and approved.
Agreed that the style of " Our province " be insisted on by the
King.
Report concerning foot companies in the Leeward Islands read,
approved. [Col. Entry Bk., Vol. CVIl, pp. 3, 4.]
Feb. 7. 399. Report of Lords of Trade and Plantations to the King.
Council We have received several letters from Sir William Stapleton, and
Chamber. we canno t j-,^ represent to you the necessity of the two foot
companies in St. Christophers, through their pay being three years
in arrear. The Governor also has received no pay during the
same period. As regards fortifications, we hope that the },500l.
granted by you will be disposed of to build a fort in each Island,
and not to build one strong fort only as suggested by Sir William
Stapleton ; but we recognise that the expense will be very burden-
some to the country, and we think it of the last importance that
y 93366. N
194. COLONIAL PAPERS.
1682.
either by your bounty or by their 'private contribution a fort
should be finished in each Island. We recommend to you the
following Acts for confirmation :
Montserrat.
Act imposing a duty on powder.
Act for making restitution of cattle.
Nevis.
Act for Ministers' duties.
Act for ascertaining lands.
Act for encouragement of buyers of servants.
Act to repeal an Act touching payment of sugar.
Act to prevent fraudulent accounting of handicraftsmen.
Act to prevent fires in Charlestown.
Act to prevent the landing of infected persons.
Antigua.
Act for repairing common ponds.
Act for repairing the King's forts.
Act for cleaning and enlarging paths and highways.
A.ct for .bringing in runaway negroes.
Act for settling the militia.
We have also received several depositions of persons complaining
of violence from a Spanish ship, which we recommend to be
delivered to the Spanish Ambassador, with request for reparation.
Finally, we lay before you Sir William Stapleton's letters of 16th
August and 12th November (see ante, Nos. 204, 291), respecting the
massacre by Indians in Barbuda. [Col. Entry Bk., Vol. XL VII.,
pp. 27-30.)
Feb. 7. 400. Journal of the Assembly of Nevis. The Governor pro-
Charlestown. posed the renewal of the Act for an impost on liquor imported into
the Island. The Council agreed to continue it for a year from
9th April. The Assembly concurred. The Governor advised that
the Acts sent him should be confirmed here every two years to
save them from expiry. The Council agreed. The Assembly
asked for time to peruse them. Petition from the merchants and
inhabitants of Charlestown that there be no fireplaces but with
chimneys of brick or stone, and no stalls in the town. Granted by
the Council and Assembly. Petition of the taverners for raising
the rate of Madeira wine rejected. [Col. Papers, Vol. XLVIIL,
No. 23.]
[Feb. 7.] 401. Petition of John Ewin to the King. In September 1676
I shipped a cargo on board the Francis, John Warner, master,
consigned to William Drurnmond of Virginia. He was hanged for
his share in the rebellion, and Sir John Berry, finding the Francis
in James River on his arrival seized the papers and cargo, and
AMERICA AND WEST INDIES. 195
1682.
finding some brandy and wine among it sold it for the King's
service. The prime cost to me was 126. I have ever been a
faithful subject, and have paid large sums to your customs. I
pray reimbursement. 1 p. Inscribed and endorsed, " Read at
the Committee, 7th February 1682." [Col. Papers, Vol. XLVIIL,
No. 24.]
Feb. 8. 402. Order of the King in Council. Approving the draft of
the succeeding letter to Lord Baltimore. Signed, John Nicholas.
Copy of letter follows. [Col. Entry Bk., Vol. XCIX., pp. 123-
128.]
Feb. 8. 403. The King to Lord Baltimore. When we reflect on all the
Whitehall, favour shown you by our predecessors we hope that you will be
guided by the rules of our charter, but we are not a little surprised
to find by divers and undeniable testimony, as well as by the
confession of your own letters, that you have obstructed our
service and discouraged our officers in the execution of their duty.
We have already directed you to aid our collectors and customs'
officers in Maryland in all matters pertaining to their office, and
particularly for securing to us the dues payable to us by the Act
for the better securing of the plantation trade, which imposes,
among other rates, one penny per pound on tobacco. We are
nevertheless informed that, far from helping our officers to collect
this, you have hindered and forbidden them to receive it. In
particular we have heard from Nicholas Badcock, our late
Controller of Customs in Maryland, that, on the arrival of the ship
St. George of London and two other ships, he, finding that the
bonds which they had given rendered them liable to the penny
per pound, demanded it of them, and, being refused, attended you
several times and asked your assistance. You, however, refused
to give him the least help, and, on his pressing the request, ordered
him to appear before the Council. He then again asked for your
aid but was absolutely denied it, and was told not to meddle with
such matters for they did not concern him. You acknowledge, in
your letter of 7th June to the Commissioners of Customs, that
you refused him the receipt of our duties, and hindered him from
molesting the masters of the ships in question. The ships,
therefore, sailed away without paying the duty, whereby our
Customs were damnified to the value of 2,500?. We have also been
acquainted with your complaints against Christopher Rousby, our
present Collector, as if he had behaved himself in a violent and
unwarrantable manner, such as tended to discourage trade, diminish
our customs, and disturb the public peace. But, on examination
of the matter, it appears that you proceeded in a most unjustifiable
manner in charging Rousby with great enormities in his ahsence
without giving him notice of your accusations before he left
Maryland, which was well* known to you four months before he
embarked. You have transmitted no sufficient proof of your
charges, and we can give no credit thereto. But we command you
to let Rousby execute his office peaceably, to afford him therein
N 2
196
COLONIAL PAPEKS.
1682.
Feb. 8.
Feb. 8
Feb. 8.
Feb. 8.
Whitehall.
Feb. 8.
Whitehall.
Feb. 8.
Whitehall.
all the assistance that the law requires, and we give you this
caution, that if you shall hereafter have any cause of complaint
against Rousby, or any other person, you will first show him
3 r our accusations and receive his answer thereto, and send both,
together with the proofs, to us ; and, though your proceedings, in
obstruction of our officers and contempt of our laws are such as
might justly cause issue of a writ of quo warranto, yet of our
clemency we have clone no more than to require the Commissioners
of Customs to charge you with the payment of the 2,50(). lost to
our Customs through your fault. We strictly order you in future
to see that the laws relating to the trade of our Colonies are
carried out. Signed, L. Jenkins. Endorsed. 5.\ pp. [Col.
Entry Bk., Vol. LIT., pp. 74-80, and Col Papers, Vol. XLVI1L,
No. 25.]
404. Memorandum of the writing of the foregoing letter, with
a full summary of its contents. Draft. 5 pp. [Col. Papers,
Vol. XLVIIL, No. 26.]
405. An incomplete version of the foregoing. Draft. 1| pp.
[Col Papers, Vol. XLVIII., No. 27.]
406. Order of the King in Council. That the Commissioners
of Customs cause demand to be made for the speedy payment of
2,500Z. by Lord Baltimore in repayment of the loss caused to the
King by his fault. [Col. Entry Bk., Vol. LIL, pp. 80-81.]
407. Order of the King in Council. Confirming the following
Acts of Antigua : Act for cleaning and enlarging common paths ;
Act for repairing and cleaning common pounds : Act for bringing
in runaway negroes ; Act for settling the militia.
Acts of Montserrat : Act imposing a duty of powder on ships ;
Act for making restitution for cattle stolen by negroes.
Acts of Nevis : Act for ascertaining lands ; Act to encourage
buying of servants ; Act to repeal an Act touching payment of
sugar ; Act to prevent fraudulent accounts of handicraftsmen ;
Act to prevent dangerous fires in Charlestown ; Act to prevent
landing of infected persons ; Act to amend an Act to prevent the
barbarism of negroes ; Act for Ministers' duties. [Col Entry Bk.,
Vol. LI., pp. 1-46.]
408. Order of the King in Council. That copies of the
depositions sent by Sir William Stapleton respecting the plundering
of the ship Agreement be sent to the Spanish ambassador
with demand for reparation. [Col Entry Bk., Vol. XL VII.,
pp. 31-32.]
409. Order of the King in Council. That the Commissioners
of the Treasury be desired to take care to provide money for the
payment of the arrears of the Governor's salary, and of the pay of
the two foot companies in St. Christophers. [Col. Entry Bk.,
Vol.XLVII.,p. 32.]
AMERICA AND WEST INDIES.
197
1682.
Feb. 8.
Whitehall.
[Feb.]
Feb. 10.
Feb. 11.
St. James's.
Feb. 13.
Barbados.
410. Order of the King in Council. That a copy of Sir "William
Stapleton's letter of IGth August 1681 be sent to Sir Richard
Button with orders to confer with Sir William as to the best
means of suppressing the Caribbee Indians. Letter to be
prepared accordingly by a Secretary of State. Signed, John
Nicholas. } p. Endorsed. Annexed,
410. i. Copy of Sir William Stapleton's letter of 16th August
1681 (see ante, No. 204). [Col Papers, Vol. XLVIIL,
Nos. 28, 28 i., and Col. Entry Bh, Vol. XLVIL, pp.
30-31.]
411. The King to Sir William Stapleton. In reply to your
letter of 16th August (see No. 204) we give you full power to
make war n the Indians, and we have written to the Governor
of Barbados to concert operations with you, and do all that in him
lies to suppress these savage enemies. You also, on your part, will
do your best to agree with him for the security of the Islands. If
you cannot utterly suppress the Indians you will do your best to
drive them to the Main. Draft. 2 pp. Endorsed, " Barbados."
A similar letter mutatis mutandis was sent to Sir Richard Button.
[Col. Papers. Vol. XLVIIL, No. 29.]
412. Order of the King in Council. Approving the report of
the Lords of Trade and Plantations of 31st January (see ante,
No. 389), and directing a letter to be written accordingly. [Col.
Entry Bk., Vol. LXXXI1., p. 65.]
413. Sir John Werden to Lieutenant Brockholes. The Bake is
preparing instructions for you. Meanwhile do your best to keep
all quiet and in good order, and the soldiers in discipline. I may
hint to you that the Buke may grant to the Colony the privilege
that it desires of choosing an Assembly like the rest of the English
plantations. Sound the people about this, and try to obtain from
them some written undertaking as to the provision of a revenue in
future. Report fully to me. Printed in New York Documents,
Vol. III., p. 317. [Col Entry Bh, Vol. LXX., pp. 38-39.]
414. Sir Richard Button to Lords of Trade and Plantations.
I have already begged for your instructions what course to pursue
in respect of causes that are properly cognizable by an ecclesiastical
Court. There has never been such a court established here for the
punishment of the highest offenders. The Island is now grown to
such importance that it is high time to let the people know that
there are religious as well as civil duties to be required of them,
that could not so conveniently be provided for in its infancy.
They can now digest strong meats, and I am afraid the Government
may find the ill-effects of not providing them with it. I have made
some essay to let them know that I will not tolerate 'their former
liberties, such as marriage by unqualified persons, and between
persons within the prohibited degrees. My attempt had not the
success that I had hoped, but it has startled them very much, and
198 COLONIAL PAPERS.
1682.
given them persuasion that I intend to enforce strict conformity
with the ecclesiastical laws. I am confident that in this way I
shall make them better Christians as well as better subjects. It
may appear to be a novelty, and therefore burdensome to them at
first, but in a short time, if thoroughly enforced, it will reduce
them to a proper obedience. I therefore urge it as of the first
importance to have an ecclesiastical person empowered under me,
who might be vested with full authority to inflict ecclesiastical
censures as provided by law in the English ecclesiastical Courts.
What appellation to give him, whether Chancellor or other, I leave
to you, but I beg that his patent may declare that he holds office
during good behaviour. Mr. John Kenney, Hector of Christchurch,
is the man that I appointed surrogate on my arrival ; he is very
well qualified for the employment, a man who understands the
civil laws, and is very zealous for the Church, and I venture there-
fore to recommend him for the new office. If you approve of my
suggestion I doubt not that you will see that his patent gives him
proper powers. Mr. Yard, the bearer hereof, a very honest worthy
person, will see to the payment of the expenses of the patent.
1 closely written page. Holograph. Endorsed. [Col. Papers,
Vol. XLVIIL, No. 30.]
Feb. 15. 415. Letters of naturalisation issued by Thomas Lord Culpeper
to Henry Brunett. Copy certified by John Fox, Secretary. 1 p.
[Col Papers, Vol. XLVIII., No. 31.]
Feb. 15. 416. Instructions to Edward Dudley and John Richards, Agents
Boston. f or the Massachusetts, on arriving in England. 1. Humbly to
present the Address, and thank the King for his favour. 2. To beg
pardon for the fault of coining. 3. To represent that members of
the Church of England have the same liberty as all others. 4. That
all laws against dissenters are suspended, except those which apply
to all sects. 5. That all Protestants are admitted to the govern-
ment and contrary laws repealed. 6. That the Acts of Trade shall be
duly observed, and the King's officers supported ; to disclaim all
pretence and forfeitures of contraband goods ; to represent that to
grant appeals indefinitely in all cases arising out of the King's
revenue will be extremely burdensome ; that no fees have been taken
of the King's officers, except when courts have been called and juries
summoned for the purpose outside the usual terms ; nor damage
given against any officer but in action brought ; that all trials for
breaches of the Acts of Trade have been by courts and juries upon
oath ; to pray that the people of Massachusetts may not pay double
the duty of the rest of the King's subjects on plantation goods.
7. To show that the rates on strangers were not above one penny
per pound, and increased only on inhabitants by reason of the war.
8. To pray for a trial in the place for the inhabitants under
Mr. Mason's claim. 9. To give a true relation of the proceedings
respecting the province of Maine. The King having informed us
that he has no intention of violating our charter, you will there-
fore neither do nor consent to anything that may violate or
AMERICA AND WEST INDIES. 199
1682.
infringe the liberties conferred by -that charter, but if anything
tending that way be propounded you will say that you have no
instructions, and ask leave to consult us before answering.
10. You will try to satisfy the King and Council in the foregoing
particulars, beg the King's consideration of the circumstances of
our condition, and beg his pardon for past faults now amended.
Signed for the Court, Edward Rawson, Secretary. 2 pp. Endorsed.
[Col Papers, Vol. XLVIII., No. 32, and Col. Entry Bk.,
Vol.LXI.,pp. 164, 165.]
Feb. 1 5. 417. Duplicate of foregoing. [Col. Papers, Vol. XXXIII., No. 33.]
Feb. 15. 418. Four pages of the Official Gazette of Massachusetts,
containing regulations for the erection of a naval office and
appointing officers thereto. Against a clause providing that
security shall be given by the prosecutor in cases arising under
the regulations, is written in the margin, Expressly against His
Majesty's letter of 21st October 1681. The next clause provides
that the officers shall be assisted by local authorities with warrant
[in the margin, but not without] from the Governor or a magistrate.
Follows, an order for amending certain clauses of the capital laws.
In the margin, Their laws were revised and many repealed in
January 1680, but the deputies would admit of no more than the
changing of words. Follows a clause headed, Conspiracy : " If any
" man conspire and attempt any invasion, &c., against the King's
" Majesty, his government here established .... he shall be put
" to death." Underwritten, 2 Sam. 3, 2 Sam. 18, 2 Sam. 20,
Numb. 6, 16. Against the words " King's Majesty, &c.," is written,
" Commonwealth in the former law. This law was made about
" the time they set up to be a commonwealth, and ought to be
"repealed." Printed, 4 pp. [Col. Papers. Vol. XLVIII.,
No. 34.]
Feb. 16. 419. The King to Sir Henry Chicheley. Kespecting the petition
Whitehall. O f William Fisher (see No. 183). We find that several unjustifiable
proceedings have taken place and we order you to examine and
report to us the whole matter. Countersigned. Conway. [Col.
Entry Bh, Vol. XLHI.,p. 167.]
Feb. 18. 42O. Journal of Lords of Trade and Plantations. Petition of
Benjamin Middleton, respecting his estate in the Leeward Islands
(see ante, No. 396 I.), read. Agreed to report that Sir William
Stapleton be ordered to allow no Act to pass in Antigua to
petitioner's prejudice.
Draft of Commission and Instructions for Governor Cran-
field of New Hampshire, ordered. Agreed to recommend that
the Council consist of ten persons besides the Governor, and to
report that Mr. Mason asks to nominate as many members of the
Assembly as the King thinks fit. Petition of Mr. Mason read,
asking the King to declare his rights to the land between Naumkeck
and Merrimac. Agreed to report that he have possession within
six months unless parte show cause to the contrary, Ordered, that
200 COLONIAL PAPERS.
1682.
a Commission of Vice-Admiralty for Governor Cranfield be
required of Sir John Werden.
Read, Sir Henry Morgan's letter of 4th October last, and the
Secretary's letter promising to send the whole body of laws. The
Lords noticing that a ship is since arrived from Jamaica without the
laws, order that the Secretary be directed to be more punctual with
his correspondence in future.
Ordered, that in the laws passed in the Leeward Islands the titles
of Honourable and Excellency given to the Governor be henceforth
discontinued. [Col. Entry Bk., Vol. CVIL,pp. 5-9.]
[Feb. 18.] 421. Petition of Robert Mason to the King and Lords of Trade
and Plantations. In March 1679, in consequence of repeated com-
plaints of the encroachments of Massachusetts the King ordered
that Government to send over agents. They came in 1676, and
after consideration of the case of both parties the territory for three
miles north of the Merrimac to Piscattaway was taken out of the
hands of Massachusetts ; while in July 1679 it was decided that
Massachusetts had no right to any country beyond three miles north
of the Merrimac or lying between that boundary and theNaumkeck,
and that I was the lawful proprietor of the land between the
Naumkeck and Piscattaway. On the request of the agents, how-
ever, this decision was suspended, and the agents then returned
home. The King, however, instructed Massachusetts to send
over fresh agents within three months with proof of their title to
the lands which they claim ; which instruction has never been
obeyed. I beg therefore for the King's final decision, for the
voiding of the claims of Massachusetts and my establishment as
lawful proprietor as already determined. I am willing to remit all
arrears to the tenants and ask only a small quit-rent. 1 pp.
Endorsed. Read, 18th February 1681-82. [Gol Papers,
Vol. XLVIIL, No. 35.]
Feb. 20. 422. Lords of Trade and Plantations to the King. We have
Council prepared a draft Commission for Edward Cranfield as Governor of
)er> New Hampshire ; but forasmuch as Robert Mason claims a right
of property in the soil of the whole province, we have added a
clause empowering him to nominate and appoint two deputies to
sit and vote in the General Assembly. Signed, Anglesy, Ailesbury,
Arlington, Craven, Worcester, L. Jenkins. [Gol. Entry Bk.,
VollXVIL,p.32.]
Feb. 21. 423. Minutes of Council of Barbados. William How and John
Daniell sworn as Judges of the Courts of Common Pleas for two
precincts. Thomas Walrond took the oaths of allegiance and
supremacy. Petitions of Daniel Bueno and Anthony Graner, on
behalf of the Jews of St. Michaels respecting church and highway
levies, considered. Order for Commissioners to inquire into the
charitable endowments of the several parishes. Adjourned to 21st
March. [Col. Entry Bk., Vol. XL, pp. 507-509, and a second entry
on p. 513.]
AMERICA AND WEST INDIES.
201
1682.
Feb. 28.
424. Journal of Lords of Trade and Plantations. Draft com-
mission for the Governor of New Hampshire approved and ordered
to be reported to Council, with an additional clause granting the
proprietor the nomination of two members of Assembly. Mr. Mason
reported the misbehaviour of Richard Waldern and Richard Martyn,
and that they stood accused of high crimes. The Lords thought
that they should nevertheless be continued of the Council, but that
Mr. Cranfield be directed to suspend them on his arrival, and not
re- admit them, if he see cause, until, after a report and examination
of the whole matter, the King order otherwise.
Draft letter to Sir William Stapleton approved. [Col. Entry Bk.,
Feb. 28. 425. Journal of Assembly of Nevis. The Assembly asked to
Charlestown. peruse the Acts sent home before confirming them. List of
the Acts. The Assembly confirmed them and sent them up to the
Governor and Council. [Col. Papers, Vol. XLVIIL, No. 23.]
March 1.
March 3.
Whitehall.
March 4.
Charlestown.
426. Minutes of Council of Virginia. Writ to summon the
Assembly on 18th April 1682. Extract from Lord Culpeper's
letter to Colonel Bacon. If I should not come by the 15th
December call the Assembly for some day between 10th and 23rd
April. [Col. Entry Bk.;Vol. LXXXIV., pp. 99-100.]
427. Order of the King in Council. Report of Lords of Trade
and Plantations. The officers of the port of London sent us a
month's account of imports and exports for October last, but
represent that the work of preparing it was very troublesome and
expensive, and therefore beg to be excused in future from drawing
up similar returns, or to be allowed a competency for doing so.
We recommend that these officers, who hold their posts by patent,
should be summoned to this Board to receive your decision. Dated
28th February 1681-82. Ordered thereupon that the officers
without any further excuse or delay furnish the monthly return
regularly in future, in the same form as that already furnished.
[Col. Entry Bk., Vol. XCVIL.pp. 81-82.]
428. Journal of Assembly of Nevis. The Acts sent home were
confirmed by the Council and Governor. Proposals drawn up at
the last meeting of Assembly were submitted to the Governor and
Council, and answered as follows : Proposal for 'quarterly survey of
powder imported and expended. Accepted. Proposed to view the
table of fees to prevent exactions. Done already. Proposed to
enter cider in the Act of liquors to be sold by taverners at 7%d. per
quart. Entered already. Proposed to insert Morton Bay in the
Act for suppressing stills. Already done. Proposed to inspect
every merchant's house, and see whether he has 56 Ib. of powder
in his house according to Act. Inspectors appointed. Proposal
that negroes, cattle, mills, &c., be appraised under the Act
concerning outcries as well as lands and houses. Proposal that all
persons shall plant corn proportionable to their families. Deferred.
Counter-proposals of the Governor and Council to the Assembly :
S02
COLONIAL PAPERS.
1682.
March 6,
Council
Chamber.
That all men from fourteen to sixty years of age appear in arms,
and that on alarms negroes be armed with lances. Ordered.
That there be a penalty on men who put their slaves or servants to
work on the Sabbath. Ordered to remain unaltered. Concerning
baulking of actions in Court. Deferred. Concerning privileges of
Assemblymen. Ordered to remain unchanged. Concerning an
increase of still licences. Ordered. Slaves not to be taken off their
masters' plantations without consent of the Assembly. There is an
Act to the contrary. Concerning unauthorised payments by the
Treasurer. Ordered to remain unchanged. Concerning renewal of
the Act for not trading with negroes. Ordered. Concerning
penalties for poisoning of .pounds [? ponds]. Ordered to be reduced
to an Act. Concerning bonds given in security for persons leaving
the Islands to the creditor or creditors to whom they are indebted.
Ordered that a new form of bond be drawn up for next meeting.
Petition of Ebenezer Kirtland for remission of his predecessor's
debt to the Government. Granted, but not to be made a precedent.
[Col. Papers, Vol. XLVIIL, No. 23.]
429. Lords of Trade and Plantations to Sir William Stapleton.
We have received your letters of 26th July, 16th August, and 12th
November. You will dispose of the 1,500?. granted by the King
in building a fort in each of the Islands, not in building a single
fort in some* one of them as you propose. The King has confirmed
such of the Acts as were fit. But the Act of Antigua for enabling
Thomas Ball to sell land we could not approve, not thinking it
right that the estate of a private person should be disposed of by
Act except on extraordinary occasions. If the land referred to be
not already sold, you will suspend the execution of the Act. We
see no reason why the Acts of all the Leeward Islands should not
be made alike, as you suggest, by you or your Deputy Governors at
the meeting of the Assemblies. We desire your explanation of
your reasons why the Act for extent of land and slaves should be
a hindrance to the thorough settlement of Antigua. Should any
other Acts made before your Government seem to you to be unfit
to be continued, you will signify the same in like manner. We
notice also that the Act for an impost on strong liquors in Nevis
and other islands is continued from year to year. As continued
and certain expense must be provided for, it should be by perpetual
Acts, it being derogatory to the King's honour that the support of
the Government should be left precarious by temporary Acts. We
think, therefore, that all such certain expenditure shall be met by
perpetual laws, the revenue thereof being carefully appropriated,
while casual expenditure may be met by temporary laws. You
will represent this to the Assemblies. Again, it is not right that
the direction of commissions of oyer and terminer should be left to
the Assembly as provided by an Act of Nevis of 12th October
1680, but that the same should be issued under the public seal at
the discretion of the Commander-in-Chief. You will give orders
that in future the enacting clause should run thus : " By the
Governor (or Deputy-Governor), Council, or Assembly." No other
AMERICA AND WEST INDIES,
203
1682.
titles or distinctions than those in the King's Commission are to be
used in the body of the laws. All fines and forfeitures, except in
special cases, are to be mentioned, in the Acts as to be applied to
the King for the support of the Government. And since you say
that it will be hard for the poorer sort of people to remain in
durance for payment of small fines, we see no reason why people
should not be permitted to work so as to discharge the fines
imposed on them. The King has permitted you by order under
his sign manual to suppress the Indians, and has ordered Sir
Richard Button to co-operate with you. The ill-treatment of the
ship Agreement has been represented to the Spanish ambassador.
As to three hundred malefactors appointed by the King for
transportation to the Leeward Islands, all that is now wanting is a
person who will give security to deliver them safely. You will
inform your Council that we have received their letter of June and
July K)80, and wonder much to have received no more. We
expect from them as from you a quarterly account of all trans-
actions of the Government, and of the proceedings of Council and
Assembly. Signed Halifax, Hyde, L. Jenkins, J. Ernie. [Col.
Entry Bk., Vol. XLVIL,pp. 32-37.]
March 7. 430. Proceedings of the General Assembly of New Hampshire.
Walter Barefoot, William Hoskins, and Thomas Thurton (in
custody) were brought up to answer the complaint of Robert
Elliot that they had illegally seized his barque the Gift of God.
Barefoot admitted the seizure, and that Hoskins and Thurton had
acted under his orders in effecting it, also in hoisting the King's
colours in the ship [in the margin in Randolph's hand, False,
only in their boat]. He acted under Mr. Randolph's orders.
Hoskins and Thurton also admitted the seizure.
March 8. The Defendants again appeared, and produced their commissions
from Mr. Randolph, the King's Collector.
March 10. Sentence of the Court. Barefoot is fined 201., and the other two
bl. apiece, which is respited during good behaviour, for breach of
the peace; also 11. apiece costs. The complainant is left to the
law for his damages. Copy. Certified by Richard Chamberlain.
1 pp. Endorsed. Reed, from Mr. Randolph, 23 June 1682.
[Col. Papers, Vol. XLVIII., No. 36.]
Vega.
March 8. 481. Sir Henry Morgan to [Sir Leoline Jenkins]. Since the
St. Jago de la execution of the three pirates by the King's orders, the whole
party which for the last two years has molested the Spaniards in
the South Seas is, by the help of a Spanish pilot, come about to
the Windward Islands. Sixteen of them are gone for England
with their leader, Bartholomew Sharpe; the rest are at Antigua
and the neighbouring Islands, except four that have come here.
One of them surrendered to me, the other three I have with much
difficulty discovered and apprehended. They have since been
found guilty and condemned. He that surrendered is like to
obtain the favour of the Crown as an informer. One of the
condemned is proved a bloody and notorious villain, and fit to
204 COLONIAL PAPERS.
1682.
make an example of ; the other two are represented to me by the
judges to be fit objects for mercy, so I shall proceed no further in
their case till the King's further orders. I am heartily glad of the
opinion of the Court, for I abhor bloodshed, and I am greatly
dissatisfied that in my short government I have been so often
compelled to punish criminals with death. The passage of this
people is extraordinarily remarkable, for in little more than four
months they came from Coquimbo in Peru, in five degrees south
latitude, to Barbados in thirteen north. Our log woodmen have
lately had eight of their vessels taken from them and their people
carried away prisoners. Their usage appears by enclosed petition
(see ante, No. 385). I learn that in the Havana, Merida, and
Mexico many English are prisoners ; and the Spanish pilot that
brought the pirates (who is here) told me that Sir John Narborow's
lieutenant and nine or ten others are at Lima in Peru. They are
all great objects of compassion, so I hope you will not be unmindful
of them. I cannot send the muster rolls of the militia by this
opportunity as I had hoped, for they are not yet brought in as I
had ordered, but I make use of Captain Charles Swan to carry
you our body of new laws. I hope from my heart that they will
please the King. Sure I am that neither the Council nor myself
left anything undone that might conduce to the observance of the
King's instructions. I was unwilling at first to pass the Revenue
Bill, though I had gained the main point of getting the revenue
settled for seven years, because I found in it limitations that
seemed to encroach on the Royal prerogative, and distrust of the
justice of Governors. The enactment, of their own authority, that
an Assembly should be held annually for at least ten days, the
examination of the expenditure of the thousand pounds a year on
fortifications, and the tacking of the laws to the Revenue Bill are
instances. We contested these points in vain. {Recapitulates the
substance of the Council's letter of VJth January, ante No. 367.]
I afterwards examined the Council apart on their oaths as to what
they would advise me to do herein. They said that, as I had
carried the revenue, it would be hard to let the country be without
laws for what might not after all be displeasing, since the King
if he pleases may still reject these laws. If I have done wrong, it
is not from any want of care or diligence to obey the King's
instructions. If I have mistaken his meaning I must crave excuse.
But I intreat that, if any amendment be made in these laws, it
may be done with great caution, for it was only with much
interest, time, and expense that I obtained what I did, and if these
laws be rejected it will be hard to get the like again. About a
month ago one Captain Peter Pain (see ante, Nos. 364-366),com-
mander of a ship hired from the French King called La Trompeuse
at five hundred francs a month, came in here from Cayenne,
where he heard of the severe persecution of the Protestants at
home. He requested that he might have the same favour from
me as those of his opinion have in England, as he designed to live
and settle among us to avoid the inconveniences undergone by
those of his profession at home. I called the Council, and on con-
AMERICA AND WEST INDIES.
205
1682,
sideration admitted him to settle here on his taking the oath of
allegiance, which he immediately did. He has taken out letters
of naturalisation since. We warned him that we would not be
concerned with his ship, which he must send back according to
contract to its port. I do not know if I have done right herein.
Sure I am that both I and the Council wished to follow the
dictates of humanity as well as those of law and reason. The
local Act justified our action, and we had a good precedent for
it in England. If I have done amiss I hope my good intent will
excuse me ; if the French Captain has wronged any one (which (I
am not aware of) his estate is here to make it good. In
December I received orders to disband the two foot companies
in pay. Though there was reference to former orders these
were the first that came to my hands. I have obeyed the
instructions therein. Signed, Hen. Morgan. 3| pp. [Col. Papers,
Vol.XLVIIL, No. 37.]
March 8. 432. Duplicate of foregoing.
No. 38.]
March 8.
[Col. Papers, Vol. XLVIIL,
March 8.
St. Jago
dc la Vega.
433. Triplicate of foregoing addressed to the Committee, with
trifling variations. Endorsed. Read at Committee 28 Oct. 1682.
Read at the Council, 22 May 1682. [Col Papers, Vol. XLVIIL,
No. 39 ; and Col. Entry Bk., Vol. XXX., pp. 63-69.]
434. Sir Henry Morgan to Sir Leoline Jenkins. Knowing
your goodness and willingness to help me, I presume to acquaint
you that I have had very hard usage shown to me, for, after all
the care and trouble I have undergone and the expense to which
I have been put for the support of the Government, I find that my
salary is taken off in England. Moreover, the money of the
Vyner, a ship condemned here, has been applied to the payment
and discharge of the companies, whereas hitherto upon such
condemnation one-third has always been allowed to the Governor.
Further, my pay, as Captain of one of the Companies, has been
taken away from December 1680 to the middle of December last,
when they were disbanded. I was blamed for not having
disbanded them before, but I never received any orders until then,
and they were no sooner delivered to me than they were obeyed
and the Vyner's money paid. So that, notwithstanding that all
helps are taken from me, the whole charge of the Government lies
on me. I need not press further a matter which is apparent to
you, but I beg that, when anything offers, I may receive some
compensation. Signed, Hen. Morgan. Postscript. The bearer
hereof, Major Ralph Featherston, was lieutenant of my company,
and can give you a good account of it. I have desired him to move
for the residue of our pay, and beg you to help him therein. 1 p.
Endorsed. [Col Papers, Vol. XLVIIL, No. 40.]
March 8. 435. The Governor and Council of Barbados to Lords of Trade
Barbados, and Plantations. Forwarding quarterly returns of public affairs
and of imports. Signed, R. Dutton, Fran. Bond, Richard Howell,
206
COLONIAL PAPERS.
1682.
March 8.
March 11.
Alex. Riddocke, Edwyn Stede, John Witham, Thomas Wardall.
1 p. Endorsed. Mem. That all the proceedings of the Council,
except of 21st February, was comprised in a former account.
Inscribed. Rec. 22 May 1682.
436. Duplicate of foregoing. Reed. 29 August 1682. [Col.
Papers, Vol. XLVHI., Nos. 41, 42, and Col Entry Bk., Vol. VII.,
p. 128.]
437. Lord Baltimore to William Blathwayt. I send the
enclosed for your perusal. Pray let Lord Anglesey and Sir L.
Jenkins have a sight of them. I also send you some copies.
One is a letter from myself and Council to Captain Anthony
Br6ckholes, Commander-in-Chief in New York. It was occasioned
by some murders that were perpetrated (as we suppose) last
summer by the Northern Indians, though I cannot say that we
have good ground for the supposition, for we have no knowledge
of a great descent of Northern Indians in the part of the province
where the five men and one woman were killed on the 15th June
last. Still, being unable to fix the murders on any of our
neighbouring Indians, and having certain information that
several parties of these Indians intend again this spring to visit
Maryland first and then Virginia, the pretext for coming hither
is war with a tribe called the Piscattaways and Nanticokes, and
for coming to Virginia a war with the Pamunkeys and Nanzaticoes
in the Rappahannock, we therefore resolved to see what favour
and assistance New York would give us, being well assured that
it is in its power to avert mischief both from Maryland and
Virginia if they please. For it is from New York that these
villains receive their yearly supply of powder and shot, without
which they would not venture so low as they have ever since iny
return to Maryland. I hope to receive an answer within a month,
and, if we find no more readiness and favour from the present
Government than Colonel Coursey did from Sir E. Andros five or
six years ago (at which time there were articles of treaty made
with the Indians), we must address ourselves to the King and
and Privy Council. When I was last in England I met Sir E,
Andros at St. James's and found him very apprehensive that
I should have complained to the Duke of York of the great
obstruction which he gave to Colonel Coursey in his negotiations at
Fort Albany, and had he not made greatjprofessions of his readiness
to serve Maryland in future whenever we should have occasion to
renew these articles, I certainly should have complained to the
Duke of York. This would have been very injurious to him, for
he was at the time under a charge brought against him by some
merchants that dealt with that Government. The other copy I
send you to show you how unkind and unneighbourly William Penn
has been. Before he could have an assurance of the line being
drawn between Maryland and Pennsylvania, he writes a letter, copy
enclosed, to several gentlemen of my province, who are as certainly
from twenty to twenty-five miles within the degree of forty as
AMERICA AND WEST INDIES. 207
1682.
my own residence is within it. I am privately assured that a
friend sent over by Penn has privately taken observations at the
head of the bay, and now gives out that, if William Penn be
mistaken in the assurances given him by masters of ships, that the
line would fall very low in Maryland, he must then be compelled
to purchase a port of Baltimore, or their ahips must enter and
clear in Maryland. The reason why the line has not yet been laid
out is in truth as follows : About the end of August came one
Captain William Markham, a kinsman and deputy-governor under
William Penn, who brought me not only a letter from Penn, but
the King's orders specially to settle the boundaries of Pennsylvania
and Maryland. In obedience to these orders I assured Captain
Markham of my ready compliance, and left it to him to appoint
the time when I should send persons to meet him for the purpose.
He had not been above three or four days at the city of Maries,
where the Assembly was at that time sitting, when he fell ill owing
to the excessive heat. Not to be wanting in courtesy to Penn I
caused him, in kindness, as being Penn's cousin, to be brought to
my house, about eight miles from the city, where he was so ill
that it was feared he would die. After three weeks he recovered
somewhat, and, at his request, I sent him to Uplands, where
he now resides. Before he went we agreed to meet on the
16th October at the head of the bay, but, finding it necessary to go
to New York, wrote to put it off till the 26th. Before that day
he fell ill again, and sent to me that he could not attend to the
business of the boundaries* till the spring. I sent both these
letters of Markham's to Penn in a letter of my own, and by them
he will be satisfied as to my care for his cousin, and my willing-
ness to settle the boundary. I am now pressing Markham to
settle it out of hand, for Penn's letter has caused great
disturbance in the upper counties, where the people hope soon
to be under no government. Signed, C. Baltemove. Tiuo closely
written pages. Endorsed with detailed precis. Kecd. 24 April
1682. Enclosed,
437. I. The Governor and Council of Maryland to Captain
Anthony Brockholes. The Northern Indians, with whom
Colonel Coursey concluded a treaty some years since,
have lately violated the same, not only by plundering and
destroying, but by murdering some of the inhabitants of
our frontier plantations. This makes us suspect that
they have forgotten their league of friendship with us,
or intend no longer to respect it, and we have consulted
deeply and anxiously how we may best proceed for the
avoidance of bloodshed, and for the peace and security of
our inhabitants. We called to mind the effective care
taken by your government for the security of your
inhabitants at Delaware by giving the Indians free trade
on condition of peace and amity, and felt encouraged to
ask for the like assistance from you for the inhabitants
of this province, namely, that you will prohibit any
further trade with those Indians unless they will desist
from acts of hostility against us, and keep the peacq
208 COLONIAL PAPERS.
1682.
which we are always desirous to maintain with them.
We have entrusted this message to Captain Richard Hill,
and, as your fellow subjects, we hope that you will
consent to it, assuring you that we shall not fail to give
you the like neighbourly help on occasion. Signed,
C. Baltemore, Philip Calverfc, William Calvert, Vincent
Low, Thomas Taylor, Wm. Digges. Dated St. Marie's
City, in Maryland, 4th March 1682. Copy 1 p.
437. II. William Penn,to James Frisby, Edward Jones, Augustin
Harman, George Oldfield, Henry Ward, and Henry
Johnson, at their plantations in Pennsylvania. " My
friends. I hope I do not improperly call you so, because in
being so you will extremely befriend yourselves as well
as perform an act of duty to the King and of justice to
to me. I am equally a stranger to you all, but your
being represented men of substance and reputation (in
your part of the bay which I presume falls within my
patent I hope to take this opportunity to begin our
acquaintance, and by you, with the rest of the people on
your side, of the country ; and I do assure you and them
that I will be so far from taking any advantage to draw
great profits to myself that you shall find me and my
government easy, free, and just. And as you shall study
to be fair and respectful to me and my just interests I
will not be short of giving you all reasonable assurances
on rny part that I will live kindly and well with you,
and for this you have my word under my hand. I think
fit to caution you (if within my bounds as I am ready to
believe ; but I desire no more than my own) that none of
you pay more taxes or assessments by any law or order of
Maryland, for if you do it will be greatly to your own wrong
as well as my prejudice, though I am not conscious to
myself of such an insufficiency of power here with my
superiors as not to be able to weather that difficulty if
you should. But the opinion I have of the Lord
Baltimore's prudence as well as justice, and of the regard
to your own interest and future good of your posterity
makes me to waive all objections of that nature, and to
hope we shall all do the thing that is just and honest (which
is always wise) according to our respective stations. I
have no more to add but my good wishes for your
happiness, and that by the help of the Almighty God
next spring you shall have some testimony of my best
endeavours to contribute towards it, as becomes my duty
to God, to the King, and to their people. Pray salute me
to all your neighbours, your real friend, Wm. Penn."
Dated, London, 16th September 1681. Copy. 1 p.
Endorsed. Reed. 24 April 1682. [Col. Papers,
Vol. XLVIII., Nos. 43, 43 i., IL]
March 13. 438. A charge of Articles exhibited unto Captain Flor. Seymour,
Governor, by John Stow, against Mr. John Huchings for speeches
AMERICA AND WEST INDIES.
209
16S2.
March 14.
Charlestowu.
March 17.
Charlestown.
March 17.
maliciously and advisedly published to the stirring up the people
to dislike of the King's person and Government by his patent and
printed laws establishing the Somers Islands. 1. That Huchings
at a public meeting in Pembroke tribe church on 18th January
1681-82 gainsaid John Stow for certain words spoken by him, to
which Stow rejoined that they were the King's words, being a copy
of an order then in his hand. 2. John Stow held out the said
order and desired Mr. William Pitt to read it, when Huchings
forbade him, though the copy was authorised by the usual formalities
to be read. 3. Huchings then asked slightly whence came the
order ; Stow answered, from Whitehall ; to which Huchings replied
that if Stow were in England the people would use the order for
very different purposes, speaking always in malice and contempt of
the King's order. Evidence in support of the articles. The
attestation of John Stow, recapitulating the substance of the
articles March 1681-82. The attestation of William Pitt, in con-
firmation of the same, same date. The attestation of Nathaniel
Bethell, senior, in further confirmation, same date. Copies.
Certified by John Tucker, Secretary of the Somers Islands,
17th May 1683. The whole 5 pp. Endorsed. [Col. Papers,
Vol. XLVIIL, No. 44.]
439. Journal of Assembly of Nevis. Proposed by the Governor
and Assembly that timber be obtained for gun-carriages as soon as
possible. The Assembly agreed. Voted that James Walker,
Speaker, Thomas Belchamber, John Pruett and John Smargin be a
committee to examine the Treasurer's accounts. The Acts sent
home were confirmed by the Governor and Council. [Col. Papers
Vol. XLVIIL, No. 23.]
440. Journal of Assembly of Nevis. Voted, that if the
Governor puts in one of the Council to examine the accounts of
the .country, the Assembly resolves unanimously that it is not the
Council's concern feut wholly the Assembly's ; that the Governor
be reminded to set up marks to show the bounds of the Island ;
that he will sign executions as formerly. On a former proposal
concerning negroes to be sold by appraisement, the Governor and
Council agreed to the drawing of an Act for the purpose. It was
agreed also that an Act be drawn to enact that each man plant
1,000 plants ground (sic) in. provision for each working slave,
and another Act against baulking of actions. [Col. Papers,
Vol. XL VI II., No. 23.]
441. Petition of Francis Branson to the King and Committee
of Plantations. Petitioaer was commander of a ship called the
Anne and Hester, being bound for Boston in 1680, hired a Scotch-
man, William Kelso, for the voyage as chirurgeon, who upon the
16th April being then at sea bragged thai he was surgeon-general
in the late rebellion in Scotland and related the manner of his
escape after the fight, and that he knew those who murdered the
By his discourse he seemed to be
Petitioner said nothing to him at
-*- <wJ
late archbishop of St. Andrews,
one of those bloody murderers.
y 93366,
210
COLONIAL PAPERS.
1682.
the time, intending to have him arrested on his return to England.
After arrival at Boston Kelso kept constantly ashore for ten weeks,
wholly neglecting his duty, and refused to come on board. The
ship being ready to sail petitioner complained to the magistrates
then sitting in court of his surgeon, and prayed their authority to
order him on board. But Kelso had so insinuated himself with
several of the magistrates and preachers by telling them that he
was a Scotch gentleman and covenanter, and in particular with one
Chickley, who calls himself the king's attorney, boasting to him that
he had been of the late rebellion, that petitioner was ill-spoken to
by some of the court and ordered to discharge Kelso, paying him his
wages to that day. Seeing that he could not get back Kelso to England
petitioner lodged an information against him on oath (copy annexed)
in the said Court, but the Court took no notice of it but showed
him great respect and kindness. Kelso was entertained by several
of them at their houses. The Court ordered petitioner to pay
Kelso 40?., and on his refusal caused him to be imprisoned, his
ship arrested, and the sails to be taken from her, valuing them at
17?. 4s. Oc?. whereas they were worth 100?. They also discharged
his seamen. Petitioner to release himself and redeem his sails was
obliged to take up money on bottomry, and though he showed that
he was obliged to pay Kelso's creditors 20?. out of his wages on the
return of Jiis ship to England, yet the Court would not allow it.
Thus petitioner was detained in Boston over six months and
himself and his owners damnified to the amount of 1,000?. Prays
redress. I p. Endorsed. Reed. 17 March 1681-82. Annexed,
441. I. Deposition of Francis Branson containing the allegations
above recited against Kelso as to his share in the rebellion
and in the murder of the archbishop of St. Andrews.
Sworn at Boston, 4 Jan. 1680. }\pp. Endorsed. Reed.
17 March 1682. [Col Papers, Vol. XLVIIL, Nos. 45,
45. L]
Maica 17. 442. Return of goods imported and of shipping from 17 De-
Barbados. cember 1681 to 17 March 1682. 3 pp. [Col Entry Bk., Vol. IX.,
No. 4.]
March 20. 443. Minute of Lords of Trade and Plantations. On this day
a letter dated 5th instant was sent to William Stapleton, together
with the Acts of Leeward Islands which had been confirmed by
the King in Council on 8th February. List of Acts follows. [Col
Entry Bk., Vol. CVIL, pp. 11-13.]
March 21. 444. Minutes of Council of Barbados. Order for Mr. Richard
Bate, son of the late Colonel William Bate, to supply a return of
arms in the magazine and of ammunition ; the Colonels of horse
and foot or their legal representatives also to give an account of
the arms delivered to them, and Colonel John Codriiigton to give
an account of the arms and stores sold by him. Thomas Bringhurst
appointed caretaker of the powder. Captain Joseph Salmon, cobbler
and anabaptist, was summoned before the Council for holding
conventicles where he preached false and seditious teaching. Being
AMERICA AND WEST INDIES.
211
1682.
March 22.
Whitehall.
March 22.
Whitehall.
March 25.
Nevis.
March 20.
rebuked by His Excellency he said that there was general liberty
for all to exercise their religious talents, but that if he ordered
him to hold no more conventicles he would forbear. [Col. Entry
Bk, Vol. XL, pp. 514-516.]
445. Order of the Privy Council. That Secretary Jenkins
prepare fresh letters for the King's signature to the Governor in
the West Indies, ordering them to assist and uphold the factors of
the Royal African Company. Signed, Thomas Dolman. 1 .p.
Endorsed. Reed. 24 March 1681-82. [Col Papers, Vol. XLVIII.,
No. 46.]
446. Order of the King in Council. That Sir Leoline Jenkins
write forthwith to the Governors of the Colonies of New England
to apprehend and send to England William Kelso. Signed, Phi.
Lloyd. Follows a copy of the deposition of Francis Branson
(see antt, No. 441 I.). [Col. Entry Bk., Vol. XCIX., pp. 179-181.]
447. Governor Sir William Stapleton to Lords of Trade and
Plantations. At my last visit to the English portion of St.
Christophers I found a New England vessel trading there, of which
one Henry Brunet, a Rocheller-born, was part owner. I ordered
her to be seized and condemned, but in respect to the enclosed
naturalisation (see No. 415) deferred execution, taking security for
the value of the ship and cargo in case the naturalisation should be
held ineffectual or not to extend to all the foreign colonies. I beg
your instructions in this matter. The French General was very
inquisitive to know whether there was any power in those parts
relating to the Articles of Neutrality, with a comprehension of
Jamaica and Barbados, and whether the Governors of the respective
places would sign the same. He sent me some prisoners he had of
the inhabitants of the English part of the Island, who tried to steal
fifteen negroes and a white woman out of the French territory.
They were caught in the fact at midnight, and the act could not
be justified without giving the French the right to treat us in the
same way and setting the two nations to cut each other's throats.
I beg again for the orders I have already requested as to the two
companies in garrison at St. Christophers. They are in a worse
condition than I can describe, worse even than the Spanish citadel
garrison whom travellers might have seen begging. The poor
soldiers on the frontier line see with heartburning their neighbours
paid every month on a table or a drum head, while we are four
years in arrear on the 7th July next. Holograph. Signed. 1 pp.
Endorsed with a long precis. Reed. 16 May 1682. [Col.
Papers, Vol. XLVIII., No. 47, and Col. Entry Bk., Vol. LVIL,
pp. 37-38.]
448. Lord Baltimore to William Blathwayt. By my last I sent
you copies of letters from William Penn, and from the Council here
to the Government of New York. I now send you one received
lately from Colonel Cadwallader Jones who commands the fort on
Rappahannock river by which you will see that Captain Josiaa
02
212
COLONIAL PAPEKS.
1682.
March 28.
Newmarket.
March 28.
Barbados.
Fendall (lately banished Maryland) is now a resident in Virginia
where there is a particular eye over all his actions (see No. 397). He
is certainly the most likely person in both these Governments to take
advantage of the discontent in Virginia to stir up another rebellion
there, and had he not been narrowly watched whilst he was in
Maryland he would have broken out last summer here, and then
our neighbours in Virginia would not have remained long quiet.
As it is both Colonies are now at peace. There is some dissatis-
faction in Virginia about cohabitation, but of this you have
probably heard. There will be an Assembly in Virginia next April
so that I expect overtures from thence for a cessation of planting
tobacco, but I know not what their powers in the matter may be,
and until I know I shall attempt no such thing. It is certainly
thought that unless some expedient can be found to raise the price
of tobacco, ruin is nigh certain. One year's cessation might do
good, if the King's revenue were nob thereby diminished ; but we
could not be certain, even if we enforced cessation here, that there
would not be as large quantities of tobacco from elsewhere, as there
has always been when tobacco has commanded a good price. For
my part though a cessation would be prejudicial to me, I shall
gladly submit to it for the general good, if the King leave it to
Maryland and Virginia to decide. My service to Lord Anglesey
and to Sir Leoline Jenkins. Signed, C. Baltemore. Holograph.
Ip. Endorsed, Reed. 30 May 1682. [Col Papers, Vol. XLVIIL,
No. 48.]
449. The Duke of York to Lieutenant Brockholes. It is my
intention, as Sir J. Werden hinted, to grant to New York the
privileges, and particularly an Assembly, of other English colonies.
But I shall expect the colony to provide funds for the support of
tho Government, so do your best to persuade the best people to
comply. Printed in New York Documents, Vol. III., p. 317.
[Col Entry Bk, Vol. LXX., pp. 38-39.]
450. Petition of John Farmer to the Assembly of Barbados.
To end a difference about arrears of an old debt petitioner confessed
judgment at the Hole Court to Colonel Colleton, Attorney to Sir
John Roberts, for a quantity of land, a number of negroes and a
large sum of money ; and on this both parties agreed to submit
their points of difference to referees, successive referees to be
appointed if the first failed to report. The first referee did fail
to report, and Colleton pressed the Court for execution on the
whole judgment, or ten times more than petitioner's debt. The
Court refused and petitioner thought himself safe ; but Colleton in
Sir J. Atkins's time got two orders from the Governor and Council
for the execution of the whole, and is now pressing for a third.
Prays for the Assembly's good offices in his behalf. Copy. 1 pp.
Copied below. Minute of the Assembly recommending petitioner
earnestly to the favourable consideration of the Governor and
Council. ^ p. Endorsed. Reed. 28 Mar. 1682. [Col Papers,
Vol. XLVIIL, No. 49.]
AMERICA AND WEST INDIES,
213
1G82.
[March 28.] 451. List of the laws in force in Barbados wherein any penalties
raised are appointed to the use of the public. Thirteen Acts in all.
Inscribed and endorsed. Rec. 28 March 1682. 1 p, [Col. Papers,
Vol. XLVIIL, No. 50.]
March 29. 452. The King to Sir Richard Button. Warrant for the
Newmarket, appointment of Robert Davers to the Council.
Vol. XCIII.,p. 167a, and Vol. VIL,p. 152.]
[Col. Entry Bks.,
March. 453. Commission to Edward Cranfield to be Governor of New
Hampshire. Forty-seven clauses. Clause 25. The respite of
criminals, except in cases of murder, is to be reported. Clause 33.
Liberty of conscience is granted to all Protestants. 34. The
Governor and Council to continue existing taxes till others be
levied by the Assembly. Clause 42. The Council to administer the
Government in case of the Governor's death, the Councillor first
named in the Commission to preside. Clause 44. Mason's title
recited. He undertakes to ask no arrears and confirm all posses-
sions, but (45) will take sixpence in the pound quit-rent on the
value of real property. The Governor to decide all disputes
between him and the inhabitants. Undated, a blank being left for
the day, but the month inserted. Passed the great seal 9th May
1683. [Col. Entry Bks., Vol. LXVIL, pp. 34-51, and Vol. XGIX.,
pp. 129-143.]
[March?] 454. Instructions to Edward Cranfield, Governor of New
Hampshire. Clause 11. Richard Waldern and Richard Martyn
to be suspended from the Council. 13. No Council to be held in
taverns, or places of public entertainment. 36, 37. Neighbouring
Colonies to be helped in their time of distress, and their help
to be invoked in turn. Fort}' clauses in all. Undated. [Col.
Entry Bks., Vol. LXVIL, pp. 51-62 ; and Vol. XCIX., pp. 147-
157.]
[March ?] 455. Circular letter from the Lords of Trade and Plantations
to the Governor and Council of New Hampshire. Requiring
quarterly returns of all transactions and of trade. Signed,
Anglesey, Arlington, Ailesbury, Craven, Clarendon, L. Jenkins.
[Col. Entry Bk., Vol. LXVIL, pp. 62-64.]
April 1. 456. Robert Mason's surrender of one-fifth ot all rents,
profits and revenues, and all fines and forfeitures to the King.
Inscribed, " I approve of this draft. R. Sawyer." Broad sheet.
Endorsed. [Col. Papers, Vol. XLVIIL, No. 51, and Col. Entry
BL, Vol. LXVIL, pp. 33-34.]
April 3. 457. Protest of Edward Randolph against the proceedings of
Boston. the General Court of Massachusetts. The General Court of this
Colony under pretence of the satisfaction of the King and regulation
of trade have invaded the power granted only to the Governors
of the King's Colonies, and have translated that power to the
Secretary of the Colony, as is proved by their written paper of
214 COLONIAL PAPERS.
1682,
25th March. They have also neglected to publish the Act for
regulating the Plantation trade of 25 Car. II., and have refused to
publish the Royal proclamation of 24th November 1675, thereby
invalidating the authority given to his Commissioners by Patent
of 15th October 1681, and further have specified in the same
paper that prosecutors under the Acts of Trade should give security
before warrant issued, and that any person damnified by wrongful
search or seizure may recover damages, which is expressly contrary
to the King's letter of 2nd October 1681. This written paper
being repugnant to the laws of England, and to the instructions
issued to Edward Randolph, the said Edward Randolph hereby
records his protest against the same, and declares his powers
to be valid, notwithstanding the said paper. Boston, 3rd April
1682.
Written below: 4th Apiil 1682. I then showed Mr. Robert
Howard, of Boston, public notary, the protest above written,
but he being unwilling to be concerned in it, I thought it
necessary for the King's service to publish it on this 6th April
1682. 1 pp. Top edge much damaged. Endorsed with a long
precis. Reed. 23rd June 1682. [Col. Papers, Vol. XLVIIL,
No. 52.]
April 3. 458. The Secretary of Barbados to William Blathwayt.
Barbados., Nothing has happened since my last, and the Sweepstakes is not
yet arrived with Sir Thomas Lynch. The Commissioners of the
Four-and-a-half per Cent, have not yet furnished their fourth
year's book of accounts and of the revenue ended Christmas last,
but promise it in a few days, when it shall be transcribed and
sent. Signed, Edwyn Stede. p. Endorsed. Reed. 22nd May
1682. The proceedings of the Council, except of 21st February
were all gent with the last returns. [CoL Papers, Vol. XLVIIL,
No. 53.]
April 5. 459. Copy of the pass issued by Sir Henry Morgan for the
St. Jago de la s hip L a Trompeuse (see ante, No. 364). 1 p. Endorsed. [Col.
Papers, Vol. XLVIIL, No. 54.]
April 6. 460. Governor Sir William Stapleton to Lords of Trade and
Nevis. Plantations. My last was by one of the Royal African Company's
ships, and enclosed the naturalisation of one Brunet, a Rocheller,
granted by Lord Culpeper (see No. 415). I enclose copy of an Act of
St. Christophers, which could not be sent before. Pray send your
approval or disallowance, and the King's assent or dissent, to this
and to the Acts sent by Colonel James Cotter. There are some
more passed, but not yet drawn fit for your perusal. I beg for
speedy payment for the companies at St. Christophers, whose
wages will in July be four years in arrear. My own salary is
equally in arrear, and my arrears in Sir Tobias Bridge's regiment ;
also 750?. of the fort money. I beg also for eighty or one hundred
soldiers to be sent here once in two or three years, not only to
recruit the company and fill death vacancies, but to supply the
AMERICA AND WEST INDIES,
215
1682.
April 7.
Neris.
April 8.
April 8.
Council
Chamber.
places of the married men who turn planters. By this means the
island would be timefully strengthened in some proportion to our
neighbours whenever the King shall think fit to disband the
companies, and such married men will take up the land of the
Frenchmen who by the Act will be forced to desert the English
territory. The Comte de Blenac is ordered home. He expects
Mons. Gabaret or Mons. Tourville with four ships to relieve him
and transport him home. He has been asking for his conge any
time the last two years. Postscript. I have given up Statia and
Saba to the Dutch in obedience to orders. I still keep Tortola,
having no instructions about it. Holograph. Signed. 2 pp.
Endorsed, with long precis. Reed. 27 June. Read 28 June 1682.
[Col Papers, Vol. XLVIIL, No. 55, and Col. Entry Bh,
Vol. XLVII.,pp. 38-40.]
461. Sir William Stapleton to [Sir Leoline Jenkins]. I have
received your letter by Captain Ed. Powell, and shall gladly comply
with your request. Holograph. 1 p. Endorsed. [Col. Papers,
Vol. XLVIIL, No. 56.]
462. Journal of Lords of Trade and Plantations. Read, Lord
Baltimore's list of the Council of Maryland, and the Chancellor's
printed letter to Colonel Meese '(see Nos. 349, 351), concerning the
troubles there. Ordered, that Colonel JVJeese be summoned to give
an account why he presumed to print this letter without first
acquainting the Council with it.
Sir Richard Button's letter of 3rd January read. The Lords
agreed upon their report (see next abstract). [Col. Entry Bk, }
Vol. CVII.,pp. 14-16.]
463. Report of Lords of Trade and Plantations to the King
We have received a letter from Sir Richard Dutton of 3rd January,
on which we represent as follows. We were formerly of opinion
that the existing Courts of Justice in Barbados were sufficient for
the recovery of the Revenue and the upholding the rights of the
Crown ; but having now learned that Sir Richard has established
a Court of Exchequer without any charge to your Majesty, which
has proved very effectual, wo recommend that the establishment of
this Court be approved. On Sir Richard's suggestion that no man
be appointed to the Council until an account of his character
has been received from the Governor, we recommend that he be
ordered to submit the names and characters of the twelve men
whom he considers best qualified for Councillors; the list to be
supplemented from time to time as the nominees die or become
unfit. We also recommend that he be ordered to furnish the names
'of two persons whom he shall think best qualified to succeed him
in the Government in case of his death or absence, and that you
authorise one or both of them, successively, to succeed him,
providing, however, that the person so succeeding shall have no
power, to call an Assembly, except in case of rebellion or invasion,
without your order. On Sir Richard Dutton's information
219 COLONIAL PAPEKS.
1682,
respecting Patent offices in Barbados, we recommend that you
grant no office there or in any Colony during life, which has
proved inconvenient to the Government there. Lastly, we
commend Sir Richard Button to you for great vigour, prudence,
and fidelity, for proposing many things for the benefit of the
Colony without regard to his private interest, and for his general
conduct of the Government, and would advise that in token of
your approbation his salary may be punctually paid and his arrears
satisfied, and that your approval of his conduct be signified to him
for his encouragement. Signed, Anglesey, Chesterfield, Clarendon,
Craven, Worcester, Halifax, Bathe, L. Jenkins. [Col. Entry Bk.,
Vol. VII., pp. 119-122.]
April 8. 464. Minutes of a letter to Sir R. Button. A few rough lines
written on half margin and endorsed as above. %p. [Col. Papers,
Vol. XLVIII., No. 57.]
April 8. 465. Journal of Assembly of Nevis. Proposed that the country
take over the farm of the excise just expiring. The treasurer
ordered to receive the impost of all liquors according to the Act
till a new appointment. Proposed to defer the question of letting
or keeping the farm of the excise to a Committee of Assembly.
The Speaker proposed to grant a donation to Sir William Stapleton
in consideration of his heavy expenses. Voted by the Assembly
that the impoverishment of the country makes it incapable of
manifesting its gratitude this year. [Col. Papers, Vol. XLVIII.,
No. 23.]
April 11, 4.6(j t Edward Randolph to Sir Leoline Jenkins. After my
New England. rcturn ^ rom ^ ew England, I represented to the Lords of Trade
the continued misdemeanours of this Government in a short
petition, and prayed for the issue of a Quo Warranto against their
charter. I also presented to the King in Council several articles
of high misdemeanor against Mr. Banforth, Beputy Governor of
this Colony, and chief promoter of the opposition to the King's
commands here. But since the King has taken no notice thereof
hitherto, either to the Government or to Mr. Banforth, and since
copies of both documents have found there way here (as I told you
that I suspected would be done) they are resolved to prosecute me
for the same as a subverter of their Government, and if by any
means they can, they will take away my life, under their law
revised in this General Court, wherein they have also made a law
contrary to the directions in the King's letters patent. Against
this last I have publicly protested, which is looked upon as an
aggravation of my former crime. I am to be examined on Friday
next. Imprisonment is the least that I expect, and according as
we hear from England we shall be proceeded withal. The King's
continual favour to this people has heightened their contempt.
Some give out that it is not in the King's power to reform these
irregularities. The publishing of my protest has made a great
breach among them. The Governor, who is an honest governor,
but advanced in years, and some of the magistrates oppose these
AMERICA AND WEST INDIES,
217
1682,
April 11.
April 12.
Whitehall.
April 12.
Whitehall.
heavy practices, but when anything comes to a vote, it is carried
against them. The King's letters are of no value here. Nothing
will serve but bringing a Quo Warranto against their charter,
which may save my life and reform this Government. I beg
you by a speedy dispatch to have the two laws in the enclosed
printed papers (see ante, No. 418) declared null by Order in
Council, 'and sent over hither by several ways of shipping lest
they miscarry, or I am lost. The distance of place and hopes of
troubles at home, with the many scandalous papers sent here for
the benefit and comfort of the ill-affected makes this party thus
daringly presume. I am preparing my defence. Signed, Ed.
Randolph. Postscript. I have written more largely to the Treasury,
the Customs, and Mr. Blathwayt. Holograph. 1^ pp. Endorsed.
[Col. Papers, Vol. XLVIIL, No. 58.]
467. Journal of Lords of Trade and Plantations. Letters to
Governor Cranfield containing heads of inquiry, and to the
Governor and Council of New Hampshire, directing the despatch
of quarterly returns, read and approved. Draft instructions to
Governor Cranfield approved, he and Mr. Mason being present.
Order for a new instruction, that in case any members of the
Council refuse to take the oath the Governor be empowered to
appoint so many others in their stead as will make up the number
of seven. Also for an instruction directing him to signify the
King's disallowance of all laws already made in New Hampshire
and to propose the passing of new and more suitable laws. The
Treasury to be informed that Mr. Cranfield's despatch is ready
that his allowances may be paid to him. The Attorney- General
to be desired to hasten the passing the bill of Mr. Cranfield's
commission. A draft letter to be prepared to the Colonies of New
England, announcing the King's settlement of New Hampshire.
Account of salaries and disbursements of the Plantation Office
from Michaelmas to Christmas, 1681 signed.
Report concerning Sir Richard Dutton and the Government of
Barbados, read and approved.
Report on the case of Benjamin Middleton, read and approved.
[Col. Entry Bk., Vol. CVII., pp. 16-18.]
468. Order of the King in Council. On report of the Lords
of Trade and Plantations (ante, No. 463), Ordered, that Sir
Richard Button's salary be punctually paid and his arrears satisfied
[Col. Entry Bk, Vol. VII., p. 122.]
469. Order of the King in Council. That copy of the petition
of Samuel Hanson (.see ante, No. 132) be delivered to the Lords
of Trade and Plantations for their report. Signed, Francis
Gwyn. \ p. Inscribed and endorsed. Read 20 April 1682.
Annexed,
469. I. The petition referred to, from Samuel Hanson, gentleman,
of Barbados, to the King and Privy Council. About three
years ago petitioner had occasion for several large guns to
218 COLONIAL PAPERS.
1682.
put on board a ship which he was then building in New
England. He met accidentally with one John Burston,
servant of Mr. Kendall, master of a wharf, in the town
of St. Michael, Barbados, which said Burston offered him
ten or twelve guns then lying in the wharf and to warrant
his sale thereof, alleging them to be his master's who had
empowered him to dispose of them. Petitioner finding
that they would suit him, agreed for purchase and shipped
six of them that day, but hearing that night that they
belonged to one Anthony Rodriguez, a Jew, went and told
him what he had done, and asked whether he claimed the
said guns. Finding that he did claim them and was
unwilling to part with them, petitioner immediately sent
for them back and delivered them to Rodriguez, who was
well satisfied of petitioner's innocence and made no further
trouble about the matter. Six weeks later petitioner was
arrested by Mr. Hannay, the Sheriff, and carried before
two justices, who obliged him to find security to answer a
charge at the next General Sessions. This he did, and
stood bound for nearly eighteen months, without knowing
his crime or his accusers. Next sessions the Attorney-
General indicted petitioner and John Burston before the
Governor and Council for conspiring to steel fourteen of
the King's guns actually carried from the wharf, fourteen
more of the proper stock of the Island, and fourteen more
belonging to persons unknown, the guns being valued at
150Z. The jury found petitioner and Burston guilty of a
fraudulent bargain in buying and selling the guns of
Anthony Rodriguez and shipping them on board the ship
Nathaniel William Clarke. Petitioner moved in arrest of
judgment for the following reasons : (1.) The jury had not
found him guilty of the charge preferred in the indict-
ment, and the Court should not take notice of a private
fraud between man and man where no injured person
prosecuted. (2.) That the indictment was laid for forty-
two great guns, though the verdict mentioned only twelve
without specifying whether great or small. Sir Richard
Dutton, however, being then new to the place, overruled
the motion for arrest of judgment and proceeded without
the concurrence of the Council to fine petitioner 150?.
and Burston 100?., twice the value of the forty-two guns,
whereas the verdict mentioned but twelve, and all that
had been taken had been restored to their owner. Peti-
tioner appealed to the Assembly which addressed the
Governor on his behalf, and stated the law to be that no
fine should be imposed without the concurrence of the
Council. They prayed that the law might be upheld and
that execution might not issue. Notwithstanding which,
a scire facias was issued from the Court of Exchequer
against petitioner to show cause why the fine should not
be levied on his goods, Petitioner in answer pleaded that
AMERICA AND WEST INDIES,
219
1682.
April 12.
April 12.
Whitehall.
April 13.
Whitehall.
April 13,
the verdict had nothing to do with the indictment, and that
Rodriguez was not a British subject, which invalidated the
verdict. Nevertheless, this plea was overruled, and the
fine levied by sale of eleven of petitioner's negroes at less
than their value, whereby being unable to reap his crop
petitioner was damaged to the value of 500?. over and
above the loss on the sale of the negroes. Petitioner then
petitioned the Governor and Council on a writ of error,
on the following grounds : (1.) That the scire facias was
issued before the Court had any record whereon to
ground it. (2.) That the Court of Exchequer had given
judgment on the scire facias though the reasons in arrest
of judgment had not been overruled by the Court of
Grand Sessions. (3.) The fine was called 150 pounds,
whether of sugar or sterling was not specified. (4.) The
verdict was foreign to the indictment. Petitioner prays
that copies of the indictment or proceedings may be
obtained from Barbados and the errors reversed after
examination by the Lords of Trade and Plantations.
Signed, Samuel Hanson. Copy. Certified by Francis
Gwyn. 4 pp. Endorsed. Read 20 April 1682. Copy
to Sir R. Dutton, 22nd May 1682. Answered with copy
of proceedings, 22 January 1682-83. [Col. Papers,
Vol. XL VIII., Nos. 59, 59 i., and Col. Entry Ek. t Vol. VII.,
pp. 128-129 and 163-169.]
470. Minutes of Council of Barbados. Order for issue of writs
for the election of an Assembly. [Col. Entry Bk., Vol. XI.,
p. 517.]
471. Order of the King in Council. Report of Lords of Trade
and Plantations. We have examined the petition of Benjamin
Middletoii (see ante, No. 396 I.), and recommend that a copy thereof
be sent to Sir William Stapleton for his report, and that pending
the receipt thereof the execution of any Act to the petitioner's
prejudice be immediately suspended. Dated, llth April 1682.
Ordered accordingly. Signed, Francis Gwyn. [Col. Entry Bk.,
VolXLVII.,pp. 49-50.]
472. The King to Sir William Stapleton. Giving effect to the
order in preceding abstract. [Col. Entry Bk., Vol. XLVII.,
pp. 51-52.]
473. Journal of Assembly of Nevis. Voted that a Committee
of the Assembly consider the question of the farm of the excise.
Proposed by the Governor and Council that the Council as well as
the Assembly may be satisfied as to the public accounts. Answered
by the Speaker that the Council has nothing to do with the country's
accounts. Proposed that Captain Jory be paid his expenses on the
articles of neutrality, the rest of the islands having paid their
proportion. Answered that the Assembly has taken care for it.
Proposed to consider what course should be taken as to the farm of
220
COLONIAL PAPERS.
1682,
the excise. Answered by the Speaker that it is no concern of the
Council's and that a Committee of the Assembly will see to it.
Proposed what should be done for the Governor, the expense of
entertainment lying heavy on him. The Assembly hoped that in
the impoverished state of the country his Excellency would not
press them. The Governor and Council sent in twice for the whole
Assembly to debate this matter before them. The Assembly sent
in their Speaker to debate the same, refusing to give their votes
pro and con, in accordance with a former vote. Ordered, that the
proceedings of the Assembly be sent to the Lords of Trade and
Plantations. The Assembly was this day dissolved by the Governor
Sir James Russell and Council. [Col. Papers, Vol. XLVIII.,
No. 23.]
[April 13.] 474. The Council of Nevis to Sir William Stapleton. We con-
vened the Assembly on the 13th instant and made the annexed
proposals to them (see preceding abstract), but instead of consulting
the convenience of the Island they stand on punctilios and deny the
right of the Council to be concerned in the public affairs or stock
of the Island, contrary to the known practice. Finally, with
unparallelled insolence, they have twice refused to come and give
their votes or their reasons for dissent, in direct disobedience to the
orders of the Privy Council at home and of the Governor, Council,
and Assembly here. We therefore appeal to you for redress.
Signed, Wm. Burt, Charles Pym, Nicho. Raynsford, Joseph Jory,
Philip Lee, Ja. Russell, Walter Symonds, Daniel Lanhather,
John Netheway. Copy. 1 p. Endorsed. Reed. 25 July 1682.
Annexed,
474 I. Copy of the Minutes of Assembly for 13th April (see
preceding abstract). Endorsed as the foregoing, [Col.
Papers, Vol. XLVIII,, Nos. 60, 60 L]
[April.]
(Neris.)
April 17.
Whitehall.
475. Order of Governor Sir William Stapleton. That in con-
sequence of the pretensions of the Assembly to exclude the Council
from a share in public affairs, the Treasurer in future shall render
his accounts to the Governor and Council who are much more
concerned therein than the Assembly, and that in future the
accounts shall be audited by an equal number of the Council and
of the Assembly. Copy. 1 p. [Col. Papers, Vol. XLVIII.,
No. 61.]
476. The King to Sir William Stapleton. The French ambas-
sador complains that Captain Le Pain, Captain of the French King's
frigate Trompeuse, has disposed of the ship and cargo instead of
bringing it back to France. We therefore order you to do all in
your power to discover and arrest Le Pain, and to 'endeavour if
possible that the ship shall lade only for her right owners. [Col.
Entry Ek., Vol. XC1X., p. 144a.]
April 17. 477. The same to the same. One Maziere, late servant of
Whitehall. President de -Mesmes in Paris, has robbed his master and mistress
AMERICA AND WEST INDIES. 221
1682.
of valuable jewels and absconded to Jersey, whence he took ship to
Antigua. Do your best to apprehend him. His description is
enclosed to you. [Col Entry Bk., Vol. XCIX., p. 145.]
April 18. 478. Minutes of Council of Virginia. The Lieutenant-Governor
and Council met and adjourned to the beat of the third drum
to-morrow.
April 19. Colonel Byrd, Captain Richard Whittaker, Mr. John Speir, and
Mr. Thomas Taberrer attended the Lieutenant-Governor to ask him
to appoint some of the Council to administer the oaths to newly-
elected members. The Speaker, attended by the Lieutenant-
Governor's desire, and the Lieutenant-Governor, after reading the
King's letter ordering no Assembly to meet till the 10th November,
said that there was no occasion to swear the newly-elected members
and that he would call the House of Burgesses before him to-morrow.
April 20. Four members of the House of Burgesses brought up an address to
the Lieutenant-Governor praying for a continuance of the Assembly.
The Assembly is " overwhelmed with grief and ineffable sorrows
through doleful and piercing apprehensions and fears of an
adjournment," and sets forth (1) the expense and danger that
members have incurred in wading through floods and storms to
the House; (2) the need for an Assembly, for (3) consideration of
the low price of tobacco, a calamity " the sad resentment of which
would force blood from any loyal Christian subject's heart " ; (4) the
alarms from Indians ; (5) the danger from disbanded soldiers if
unpaid; (6) the number of appeals to the Assembly that await
hearing. (The language of this Address throughout its length of
two large pages is singularly fulsome, mawkish, and extravagant.)
The Lieutenant-Governor desired the attendance of the House of
Burgesses at the best of the first drum at the Co art House. After
long waiting for the House to appear, the Clerk was sent to the
Speaker to desire its attendance. The Clerk returned and reported
that on admission to the House of Burgesses he was ordered by the
Speaker to withdraw for a while. Ordered that the Clerk go
a second time to the Speaker. But before he could go a
messenger arrived from the Speaker requesting his attendance.
He went, with orders to acquaint the Speaker that the Lieutenant-
Governor had waited a long time for the House of Burgesses and
desired its immediate attendance. On his return he reported that
he had waited an hour for admittance and had then been told by
the Speaker that the House would consider his message. Colonel
Lloyd attended from the House of Burgesses and said that the
House not knowing the Lieutenant-Governor could take no notice of
his message.
April 21. The Lieutenant-Governor returned his answer in writing to this
effect : I sent the Clerk of Council several times yesterday to come
and hear the King's orders, and I am surprised that you did not
attend. I now send him again and require you to attend at the
beat of the drum this afternoon. Major Charles Scarburgh and
others attended from the House of Burgesses and asked for the
appointment of Councillors to swear newly-elected members. The,
222 COLONIAL PAPERS.
1682.
Lieutenant-Governor answered that he would do nothing until they
attended him. The House of Burgesses sent a message to the
Lieutenant-Governor and Council, to the effect that they asked for
perusal of the King's letter. If it gave them any latitude which
would enable them to continue in Session they hoped to be allowed to
avail themselves thereof ; if not, they would submit. Two of the
House of Burgesses then acquainted the Lieutenant Governor that
the House was ready to wait on him. The Burgesses being come
the King's letter commanding the disbandment of the foot com-
panies was read, and the Lieutenant-Governor desired the Speaker's
and his House's result therein. The Burgesses then withdrew,
being charged by the Lieutenant-Governor to debate no other
business. The Burgesses sent a written message, that they could
not debate this matter duly until the newly-elected members were
sworn. Two Councillors were then nominated to swear them, who
being returned, a copy of that part of the King's letter which con-
cerned the disbandment of the companies was sent to the House.
April 22. Some of the Burgesses waited on the Lieutenant-Governor to
give him the thanks of the whole House. He in return desired of
them a speedy answer to the business in hand. Later a message was
sent in writing requiring the answer of the House at five o'clock.
Certain of the Burgesses brought up the House's answer to the
effect that it had entrusted the question of disbandment to a
Committee which would report in due time, and that meanwhile
the House proposed to inquire into the general state of the country.
[Gd. Entry Eh, Vol. LXXXIV.,pp. 101-109.]
[April 19.] 479. Petition of Robert Orchard of Boston, New England, to
the King and Privy Council. My father spent his life and fortune
in the late King's service, and I was forced to enlist as a private
soldier on one of the King's ships then engaged in reducing New
York. I then settled in Boston, but bein^ observed to be averse
to the principles of the people many abuses were put on me,
notwithstanding that I had done them good service and suffered
much in the Indian war. Instead of rewarding me they ordered
me, when I was extremely ill, and all my servants to watch. I
complied as far as I could and sent all my servants, but was
presently fined for not watching, and the fine was levied on my
goods by officers and several files of musketeers. Again, having
imported divers goods from England and paid the King's duties in
England, I was required to pay duty again in Boston, and not
paying forthwith was fined ten pounds, for which goods to much
greater value were levied. I was afterwards appointed an inspector
under the law for prohibiting exportation of wool, but the
Governor's son being owner of the first ship that I boarded I was
discountenanced and threatened, and the Governor said that if he
had been there he would have thrown me overboard. I then
resolved to go home and appeal to the King, but this becoming
known a fine was levied on my goods for not serving in the trained
bands, and while I came ashore to settle it the ship sailed without
me. The authorities then took such measures to prevent my
AMERICA AND WEST INDIES.
223
1682.
April 20.
April 20.
Council
Chamber.
April 21.
Whitehall.
April 21.
Whitehall.
April 25.
sailing that I was forced to travel to Virginia and sail thence.
Further, the authorities prohibit all but certain persons to trade with
the Indians. I beg for redress and compensation for injury, and
for an order throwing open the Indian trade to all. Copy. 3 pp.
[Col. Papers, Vol. XLVIIL, No. 62.]
480. Journal of Lords of Trade and Plantations. A patent
being procured for one Summers for the Postmastership of
Barbados, notwithstanding the King's declaration that in future
he would leave the appointment of all offices to the Governor, the
Lords will learn the King's pleasure whether this patent shall
supersede the authority granted to Sir Richard Uutton or not, and
recommend that the former order be renewed and no more such
patents issued. Samuel Hanson's petition and the address of the
Assembly with the Governor's answer concerning fines read.
Agreed to ask the Attorney-General's opinion whether Sir R.
Dutton has proceeded according to the laws of England herein.
[Col. Entry Bk., Vol. CVIL, pp. 18, 19, and Vol. VII., p. 125.]
481., Lords of Trade and Plantations to Sir Richard Dutton,
embodying the substance of the Report of 8th April (ante, No. 463)
in almost the same words. Signed, Anglesey, Bathe, Clarendon,
Craven, Halifax, L. Jenkins. [Col. Entry Bk., Vol. VII.,
pp. 122-125.]
482. Order of the King in Council. That the Orderin Council
of 20th October 1680, concerning the passing of patents for the
Island of Barbados, be entered in all offices concerned therewith.
Signed, Phi. Lloyd. \ p. Annexed,
482. i. Copy of the Order referred to, which provides that all
patents in future shall contain a clause to void them in
case the patentee do not reside in the Island (the
Secretary and Marshal excepted), and that no places
except those already granted be granted by patent in
future. Whitehall, 20th October 1680. 1 p. Copy
Certified by Philip Lloyd. Endorsed. [Col. Papers,
Vol. XLVIIL, No. 63, 63 i., and Col. Entry Bk.,
Vol. VII., pp. 126; 127.]
483. Order of the King in Council. That Mr. Summers, who
lately passed a patent for the office of Postmaster in Barbados, do
forthwith attend the Lords of Trade and Plantations. Signed,
Francis Gwyn. ^ p. Endorsed. [Col. Papers, Vol. XLVIIL
No. 64, and Col Entry Bk,, Vol. VII., p. 129.]
484. Journal of Lords of Trade and Plantations. Draft report
concerning Mr. Mason's claim read, together with the opinion of
the Chief Justice of 17th July 1677 and of Sir William Jones and
Sir Francis Wilmington of 17th May 1675 (see under May 23.)
Report as to the Commissioners to be appointed to inquire into
the claims to the Narragansett country read and approved,
224 COLONIAL PAPERS.
1682.
Draft of a letter to the Attorney-General read, requesting his
opinion as to Sir R. Dutton's proceedings in the matter of fines.
The Lords, taking notice that Sir R. Dutton was sole Commissioner
on the bench and needed not the consent of others, agree to
recommend that the Attorney-General defend the whole process,
to which end Sir R. Dutton be required to furnish an answer to
Samuel Hanson's petition and the necessary documents. [Col.
Entry Bk., Vol. CVII., pp. 20-23.]
April 25. 485. Minutes of Council of Virginia. Colonel Spencer ordered
to transmit copies of the Journals to England. Resolved unani-
mously that the General Assembly be prorogued to the 10th
November. Message to that effect sent to the Speaker. In the
afternoon the Burgesses attended the Lieutenant-Governor and
Council, and the Assembly was prorogued. [Gol. Entry Bk.,
Vol. LXXXIV., pp. 110, 111.]
The resolution above named is also assigned to a meeting held
on the mh. [Col Entry Bk., Vol. LXXXIV., p. 115.]
April 25, 486. Speech of Sir Richard Dutton to the Assembly of Barbados.
I should not have summoned you so early but for pressing need.
The debts already incurred are great, and while they remain
undischarged I have small encouragement to proceed with other
works, which, however, though great, are as nothing to our present
business, the completion of the fortifications. We want fifty
culverins and demi-culverins, at least five thousand flint-lockjmuskets
of the Tower standard, and two thousand long pikes of Spanish ash.
There are also the quarterly wages of gunners, the number of
whom must be increased, a magazine to be built, and money to be
placed in the treasurer's hands for emergencies. So much for our
wants ; a word now as to our dangers. The militia is in a very bad
state, and unless you take care will soon be as useless as our present
unarmed forts. The peril is the more pressing for we may soon be
on ill terms with France, and in case of war we shall feel its effects
sooner than our friends at home, for we shall have shorter warning.
The enemy is one who will bite before he barks, so you must be
on your guard against surprise. I met with so much disappointment
from the late Assembly, that nothing but the importance of the
time, my care for the commonweal and my esteem for you gentlemen
of the present Assembly would have moved me to direct you so far.
But for this I should have left you to go your own ways. How-
ever, if you take steps to avert those dangers all credit will be yours ;
I shall be content to have been an instrument in bringing it about.
One thing more. It will be impossible for you to do anything to the
purpose unless you sit continuously, instead of, as formerly,
meeting one day and adjourning the next. 1 pp. Endorsed in
Sir R. Dutton's hand, " My speech to the Assembly at the first of
their sitting, 25th April 1682." Inscribed. Reed. 7th July 1682.
[Col. Papers, Vol. XLVIII., No. 65.]
April 2n. 487. Minutes of Council of Barbados. The members of Assembly
April 26. were sworn, and presented their Speaker. His Excellency then
AMERICA AND WEST INDIES. 225
1682.
made them his speech (see preceding abstract}. The Assembly
attended and the Speaker delivered a bill passed by them for the
settlement of the Militia which was read thrice and passed. The
Speaker informed the Governor that the Assembly was about
preparing a bill to raise money for various purposes.
April 27. Order for David Raphael de Mercado to stand bound to appear at
the next Grand Sessions to answer the charge of importing and
vending extraordinarily light Spanish coin. Henry Walrond,
Samuel Newton, and John Witham to be a Committee to examine
the Militia Act.
April 28. The Assembly brought up a bill to secure possession of negroes
and slaves.
April 29. The bill brought up yesterday to lie under further consideration.
The Assembly brought up a bill for a levy on lands and negroes,
which was thrice read and passed. The Speaker brought up the
petition of Colonel John Dempster to which His Excellency replied
(1) that the right of determining such disputes lay indubitably in
himself ; (2) that the Assembly had violated their duty in ordering
the taking of an oath respecting the disputed election ; (3) that
even if the Assembly enjoyed such right as they pretended they
had proceeded arbitrarily and hastily in refusing to allow a reason-
able time as desired by the parties concerned ; (4) that the
Assembly had no powers whatever except for the making of laws.
The Speaker submitted a second address asking that the vacancy
in the House for the parish of St. Philip's might be filled up
notwithstanding. His Excellency consented as a matter of favour.
[Col. Entry Bk., Vol. XI., pp. 517-523.]
April 25. 488. Journal of Assembly of Barbados. Eeturn of the members
elected.
Colonel Richard Guy Ten- M* v. v
Lieutenant-Colonel John CodringtonJ tot> *
Major William Foster"! &, n ,
Richard Morgan } St. Peters.
JohnDavies j St. Thomas's.
Colonel Christopher Codriugtonl &, T , ,
John Heathersafl j> St. Johns.
^ Christchurch.
Colonel James Carter
Colonel Christof
John Heath ersal
Richard Seaweli
Captain Robert Bishop
Thomas Maycock ~i Q , T ,
Captain Michael FerrellJ
Edward Littleton "1 , T
Major Timothy Thornhill / Si Jamesa '
Captain William Fortescue") c , ,3,.,. ,
Samuel Finney j- St. Philip s.
Captain John Gibbes"! , ,
Major John Merrick / St Andrew s>
Major Rowland Bulkeleyl , ~
Samuel Husbands J, St Geor ^ e 8 '
Colonel William Sharpe H Q T ,,
Lieutenant-Colonel John Waterman/ Jose P ns -
93366.
226 COLONIAL PAPERS.
1682,
The House met in the house of Edward Sinclair, Bridgetown.
Colonel William Sharpe elected Speaker and presented to his
Excellency. Richard Cartwright elected clerk ; Matthew Wilcox,
marshal. Mr. Alexander Riddocke, of the Council, administered
to the Assembly and its officers the usual oaths. Adjourned till
the morrow.
April 26. Rules of the House confirmed. Sir Richard Button's speech
(see No. 486). Militia Act revived for three months. William
Sharpe, Christopher Codrington, Richard Guy, Edward Littleton,
James Carter, John Codrington, William Foster to be a Committee
to amend it. Captain John Dempster's petition to be heard to-
morrow morning. Bill for revival of the Militia Act read a first
time.
April 28. Debate on the levy. Resolved that it be sixpence per acre and
fifteen-pence per negro, Jews and towns in proportion. Address in
reply to the Governor carried. On Captain Dempster's complaint
against the election of Samuel Finney, alleging that he himself
was really elected, ordered that the return of the writ be inspected,
and that the Honourable John Witham report to the House.
Debate on the levy. Assessment for Oistine town to be 201. ; for
Bridgetown 400Z., for Holetown 20Z., for Speightstown 601., for
the Jews 300Z. Voted that 1,200?. be sent to Sir Peter Colleton,
Colonel Henry Drax, and Mr. Jacob Lucy for purchase of muskets.
April 28. Edwyn Stede produced the writs for the election of St. Philip's.
After examination the House decided that Captain John Dempster
and not Samuel Finney was elected. Bill for securing the possession
of negroes and slaves read a first time.
April 29. Address to the Governor to qualify Captain John Dempster as a
member of Assembly. Act for levy on lands and negroes read a
second time. Debate on the election for St. Philip's renewed.
Ordered that an address be drawn to the Governor asking for a
new election of one member. Adjourned to 27th June. [Col.
Entry Bh, Vol. XII L, pp. 471-484.]
May 2. 489. Deposition of Edward Randolph. As to the refusal of
Boston. Mr. Nowell, a magistrate, to allow his patent to be read in Court
at the prosecution of John Endigott and John Curtis, of Boston,
under the Acts of Trade. Copy in Randolph's hand and signed
by him. Inscribed. Read at a Court held at Boston 2nd May
1682, but my oath not taken though I pressed it. E. Randolph.
1 p. Endorsed. Rec. 23 Nov. 1682. [Col Papers, Vol. XLVIII.,
No. 66.]
May 3. 490. Minutes of Council of Virginia. Present : Sir Henry
Chicheley, Lieutenant-Governor, Colonel Nicholas Spencer, Colonel
Nathaniel Bacon, Majcr-General Robert Smith, Colonel Joseph
Bridger, Colonel Philip Ludwell, Colonel Rom. Cole, Ralph
Wormeley, Colonel Richard Lee, Colonel John Curtis, Colonel
Matthew Kemp. On intelligence of the rising in Gloucester
County, ordered that Colonel Matthew Kemp use all endeavours
to suppress it by force. Order to detain the ship Augustine,
Captain Zachariah Taylor, till further orders, that letters may
AMERICA AND WEST INDIES.
227
1682.
May 3.
Virginia.
May 7.
May 8.
Middle
Plantations.
May 8.
Middle
Plantations.
be sent to England. Ordered that Colonel Kemp order Lord
Culpeper's company to their arms to-morrow. Proclamation
against riots. Orders for the commanders of garrisons to send
their men to Middle Plantation on 18th inst. to receive their pay
according to the King's command; and for directions to the
commanders of the various counties to call out the militia to
suppress riots. [Col Entry Bk., Vol. LXXXIV., pp. 116-118, and
p. 143.]
491. Proclamation of Sir Henry Chicheley, Lieutenant Governor
of Virginia, prohibiting all tumultuous and riotous meetings in
consequence of the disorder of the inhabitants of Gloucester
County, who have invaded several properties and cut up all the
plants and plantations. Copy. Certified by Lord Baltimore. 1 p.
[Col. Papers, Vol.XLVIII No. 67.] "
492. Minutes of Council of Virginia. Order passed unanimously
for the arrest of Robert Beverley, who has evidently been mainly
instrumental in causing the present disorders. Major-General
Smith to see that he be secured and committed to custody on board
the ship Duke of York in Rappahannock river. On another page
this order is dated 9th May. [Col. Entry Bk., Vol. LXXXIV.,
p. 119 and p. 123.]
493. Sir Henry Chicheley to the King. I have to report
the outbreak of an insurrection in Gloucester County. There
being a large river and fifty miles of country between the rioters
and me the news did not reach me for three days. We then took
our measures. I suppose it is the Burgesses, big with thoughts
of a cessation and yet unexpectedly prorogued, who have
blown this coal which hath inflamed the people (see following
abstracts). Rec. 14th June. [Col. Entry Bk., Vol. LXXXII.,
pp. 65-66.]
494. Sir Henry Chicheley to Sir Leoline Jenkins. I am
heartily sorry to have to report to you a rising in Gloucester
County, where twenty or more parties have forcibly cut up the
tobacco plantations. [Repeats details given in succeeding abstract.]
The cause of the rising I take to be this. Lord Culpeper adjourned
the Assembly when here to the next 15th February, when it was
prorogued to January last. Next month Mr. Bacon wrote to me
part of Lord Culpeper's letter, bidding me call the Assembly
some time in April, by which time Lord Culpeper's return was
expected. I heard not a word myself from any public minister
until near the middle of April. At the beginning of March I
issued writs to convene the Assembly, most unhappily, for by th
time I received the King's Order not to permit it to sit the
members were already on their way to James City, and it was
therefore too late to prorogue them when they met. They came
big with the expectation of enacting a cessation of tobacco
planting, which the most, though not the wisest, of them thought
the only expedient to advance the price of tobacco. By advice of
P 2
228 COLONIAL PAPERS.
1682.
the Council I submitted to them the alternative proposed by the
King to take the foot companies into the pay of the Colony, but
they delayed their answer for four days on various pretexts, at
the close of which they were prorogued till 20th November next.
But before their prorogation, as I since understand, they voted
that their journal should be publicly read by their Burgesses when
they got home to their respective counties ; and you will see by the
perusal thereof how the people became inflamed, while the
soldiers, by abridgment of their pay, became more inclined to
mutiny than to serve the King. I cannot quite get to the bottom
of the rising yet, nor discover the ringleaders. Signed, Hen,
Chicheley. 1 pp. Endorsed. Reed. 14 June 1683. [Col.
Papers, Vol. XLVIIL, No. 68, and Col, Entry Bk. t Vol. LXXXII.,
pp. 66-69.]
May 8. 495. The Secretary of Virginia to Sir Leoline Jenkins. I have
Virginia, bad news to write. Not only is the peace of the Colony endangered
by unruly and tumultuous persons, but at present it is suffering
much from a combination of many inhabitants of Gloucester
county. They have entered into a resolution to force a law of
their own wills that no tobacco should be planted this year. To
effect this the more readily they began operations on the 1st of
this -month by cutting up their own plants, and thence proceeded
from plantation to plantation, telling the planters that if they were
unwilling to have their plants cut up they would create willingness
in them by force. In an hour's time they destroy as many plants
as would have employed twenty men for a whole summer to bring
to perfection. These outrages were in progress near three days
before the Lieut enant-Governor had any intelligence thereof. The
Council, which was sitting in General Court at Jamestown, at once
issued proclamations to restrain such proceedings, and, to make
them the more effectual, sent Colonel Kemp, of the Gloucester
Militia, a Councillor and a worthy gentleman, with orders to march
with such a force of horse and foot as might be necessary to
suppress the mutineers. The 5th instant he marched with a party
of horse, came upon a party of two and twenty of the mutineers,
surrounded them with his troops, and took every one of them in
the very act of destroying plants. Two of the principals, in-
corrigible rogues, are committed, the rest submitting and giving
assurance of good behaviour, were remitted. I hope that by this
time other parties of the mutineers may have been reduced, though
it is to be feared that the contagion will spread. We received news
to-day that the county next adjoining, New Kent, had broken out
into the like spoiling of plants, and have taken the same measure
of sending the militia to suppress it. Lest the infection should
spread further, orders have been issued to the commanders of the
militia in each county to provide a party of horse to be in continual
motion, by which vigilance we have some hope that the growth of
the insurrection may be prevented. I should have no doubt of it,
did I not know that the necessities of the inhabitants, owing to the
low price of tobacco, have made them desperate, and caused them
AMERICA AND WEST INDIES. 229
1G82.
to resolve on a law of cessation of their own making. But it is to be
feared that the mere destruction of tobacco plants will not satiate
their rebellions appetites ; if they increase, and find out the
strength of their own arms, they will not keep themselves within
bounds. The two companies of the King's troop are on the eve
of disbandment, and aware that they are appointed to be disbanded
on the 1st April and to receive no pay after that day. They are
therefore so far from being an assistance at the only moment when
they have been wanted since their arrival, that their mutinous
temper doubles our apprehensions of evil events. Had not the
ship which brought the money for them been long wind-bound,
and unusually delayed in her passage, the King's troops would
have been paid off before this present outbreak. The soldiers'
quarters are now accounting for, and the soldiers and landlords
will day after day be paid off and disbanded, and the country thus
freed from the danger of their mutinous demeanour.
The King ordered the disbanding of those companies unless the
Colony would continue them at its own expense. The Assembly met
five days after the arrival of this order, having been summoned by
Sir Henry Chicheley near forty days before the arrival of the ship
Concord, which brought the Royal Order forbidding an Assembly
to be held till the 10th November, by which date Lord Culpeper
was expected to return. The Lieutenant-Governor communicated
to the Assembly these two orders, on which the Council agreed that,
though the Assembly had been convened without the advice of one
of its members, yet it should be permitted to sit to decide the one
question, whether the companies should be continued at the
Colony's expense or not. The House of Burgesses spent several
days over this without giving further answer than to desire every
day time to come to a resolution, its real object being to gain time
to carry on other imaginations, an(J in particular the question of a
cessation, for which it had been particularly summoned by the
importunate motions of Robert Beverley, its too active clerk. He
being no lass busy within the House after its meeting, it was
decided to prorogue it on 27th April until the 10th November,
whereby the selfish purposes of many, and in particular of
Beverley, were frustrated. He has a large stock of tobacco on
his hands, and it is vehemently suspected that it is he who has
instilled into the multitude the idea of cutting up the plantations
in order to accomplish his design of stopping further planting for
the year. Signed, Nicho. Spencer. 2 pp. Endorsed. [Col.
Papers, Vol. XLVIII., No. 69, and Col Entry Bk,, Vol. JLXXXII.,
pp. 69-74.]
May 10. 496. The Lords Proprietors of Carolina to the povernor and
Whitehall. Grand Council. We communicate to you a review of our funda-
mental constitutions, with the following additions. The Con-
stitution of 1669 appoints the eldest of the Proprietors to be
palatine and the next eldest to have their choice of the other seven
great offices ; but as many of our proprietors have since sold their
proprietorships (for which no provision was made in 1669), and
^n the previous abstract.
Shaf tesbury, P. Colleton, Bath i
Vol. XX., pp. 184-194, and V
AMERICA AND WEST INDIES.
231
1682.
May 10.
May 13.
Maryland.
May 15.
Port Royal.
[May.]
May 18.
May 18,
May 18.
May 18.
May 18.
Maryland.
499. Commission from Lord Craven to Henry Woodward to
explore the unknown county of Carolina. 1 p. [Col. Entry Bk,,
Vol. XX., p. 207.]
500. Declaration of the Protestants of Maryland that the
charges against Lord Baltimore of ill-favour towards Protestants are
false. Half the Council are Protestants, the commanders of militia
are mostly Protestants, and so with all other places of honour and
trust. Twenty-five signatures. Large sheet. Copy. [Col, Papers,
Vol. XLVIIL, No. 70.]
501. Minutes of Council of Jamaica. Sir Thomas Lynch, wh
arrived yesterday, took the oaths and assumed the administration
of the Government. Order for all officers to continue in the
execution of their duties, [Col. Entry Bk, Vol. XXXVI,
pp. 1, la.]
502. Minute of William Blathwayt covering an extract from
Sir William Stapleton's letter of 25th March (see ante, No. 447)
respecting the curiosity of the French Governor as to the fate of
the Treaty of Neutrality. This is written on a copy of the Order
of Council of 13th June 1679 and of a report of the English
negotiators, Lord Anglesey, Lord Bridgewater, and Secretary
Coventry of 18th October 1679, telling of the failure of their
negotiations. Stapleton's letter was received on 16th May. 3m>,
Endorsed. [Col. Papers, Vol. XLVIIL, No. 71.]
503. Commission from Lord Craven appointing Joseph Morton
Governor of the part of Carolina lying south and west from Cape
Fear. 1 p. [Col. Entry Bk, Vol. XX., p. 206.]
504. Blank Commissions sent by Lord Shaftesbury and Mr,
J. Archdale, appointing their deputies in Carolina, that of the
latter being Daniel Axtell. [Col. Entry Eh, Vol. XX., p. 208.]
505. Clement Hill to Richard Gardner. Going on board Captain
John Eaton's ship just now we have certain intelligence of an
insurrection in Virginia. The tobacco plantations of three or
four counties have already been cut up, and it seems likely that
the same will follow in other countries, so that it is thought that
there will be no tobacco planted this year. The Governor has
issued a proclamation, but as I understand with no great effect ;
and it is feared that the riotera will not stop at plant cutting.
Signed, Clement Hill. Copy. p. Inscribed t " From Maryland,"
[Col. Papers, Vol. XLVIIL, No. 72.]
506. Duplicate of foregoing. [Col. Papers, Vol., XLVIIL,
No. 73.]
507. Lord Baltimore to Sir Leoline Jenkins. I was alarmed
about three days since by a letter received from Captain William
Diggs, one of the Council here, reporting riots in Virginia, which
I sent to Lord Anglesey, My uncle, Philip Calvert, being at my
232 COLONIAL PAPERS.
1682.
house yesterday there was brought to him in great haste the
enclosed letter from William Stevens, another of our Council, who,
on the 13th instant, went over to Cherry Point, Virginia, on business
and there heard of a rebellion not unlike Bacon's. I send you
Steevens's letters in case you should not have heard from Virginia.
My own apprehensions are so great that I have ordered all my
officers on Potomac side to be ready with horse and foot to prevent
the landing of any of that rabble, and have sent to learn the
truth from Secretary Spencer and to assure him of my readiness to
assist him, for I may be able to furnish some few men, if things
be as bad as they are reported to be. There was an Assembly in
Virginia last month but nothing came of it though they hoped for
a cessation of planting, and since then there have been nothing
but tumults. Sir Henry Chicheley wrote to me last November
telling me of the general desire for a cessation, and I answered
that I perceived the same desire here, but would not join him in
any such thing unless I have assurance under his hand and
Mr. Spencer's that such was the King's pleasure. For I remember
an Order in Council of 5th November 1664 expressly forbidding
anything like a cessation. I hnve heard nothing from Sir Henry
Chicheley since. These disturbances make me wish that Lord
Culpeper were settled in his government, for until then I expect
no certainty of peace and quiet.
The news from Virginia has greatly troubled me, though I
have a still greater affliction in the King's letter of 8th February,
wherein I find myself to my great grief under his royal dis-
pleasure. I still hope to show by a petition by that ship that
though I have transgressed, my fault was not wilfully committed,
but due to a wilful concealment by the Surveyor and Controller
here of their instructions from the Commissioners of Customs,
and of the Order of 16th February 1680, which I protest before
God that I never had sight of. Let me explain. Some time
last year, after Christopher Kousby, the King's Collector, had left
for England, there arrived here a vessel from Poole, Alexander
Dennet, master, and another from Liverpool, one Tarlton, master.
Both brought certificates of bonds given in England to transport
> e.-,J tobacco to Ireland. There was also one Shepherd, commander
of the St. George of London, with the like certificate, who arrived
some time before the two former. Nicholas Badcock, the King's
controller and surveyor, came to me and said that Dennet and
Tarlton refused to pay the penny a pound duty unless he
would give them security to bear them harmless to their owners ;
he never told me that he had demanded the same of Captain
Shepherd as he ought to have done, likewise to have demanded
my assistance to compel Shepherd as well as the others, for which
last I admit that he pressed for my assistance. I asked him if he
thought Dennet's and Tarlton's certificates good according to law,
he replied that he thought they were. I then asked him whether
he thought the King's customs were not thereby secured, and he
answered yes, but told me that by a recent Act masters with
certificates for Ireland were subject to the penny a pound duty
AMERICA AND WEST INDIES. 233
1682,
unless they gave fresh bond here. After further questions he told
me that he thought the Act of Navigation of 12 Car. II. was once
more in full force ; and then I told him that in that case I saw no
reason to require the penny a pound ; but he rejoined that under
another Act that duty was due. At such a contradiction I asked
what instructions he had from the Commissioners of Customs, to
which he answered rudely and scornfully that he knew his business
and that I should find that he was right. Finding him too haughty
and positive I told him to meet me next day at the Chancellor's,
Philip Calvert's. The Secretary was also accidentally present
when I spoke to him about the matter, but this was not the
Council, nor did I haul him before the Council as he falsely
asserted. After discussion of the matter the Chancellor, knowing
like myself nothing of the Order in Council, thought that I was
right. I then asked Badccck what made him so confident in his
opinion ; for he began to be very high and talk of complaining to
the Commissioners if I asked for his instructions, and I [solemnly
declare that he never made mention of any instructions nor of the
Order in Council of Februaiy 1680, which he had by him, but
would not produce to me. It is evident to me and to others here
that he designed to ensnare me, for if he had given the least hint
of instructions or Order in Council, I should never have dreamed of
obstructing the King's orders. Neither Badcock or Kousby let me
have a sight of either, nor did I ever see the Order in Council
until some months after Badcock's death. I never had any notice
of it until I received it from the Commissioners last December.
And to this I am prepared, if necessary, to make oath before
Secretary Spencer. Ignorance of the instructions of the Com-
missioners of the King's Order in Council is really the whole of
my fault. The King's letter reached me with the seal broken.
Three closely written pages. Duplicate. Endorsed. Annexed,
507. I. William Stevens to Philip Calvert. When I came to
Cherry Point I was informed that some persons had
begun to cut up their own plants, and some those of
others. Sir Henry Chicheley had issued a proclamation.
It is said that his house is burnt down. Major Beverley
is arrested. It is also said that the red coats are disbanded
and in some discontent. Things look ill. Our laws should
be published with all haste. Signed, Will. Stevens.
16 May 1682. Holograph. 1 p. Addressed.
507. II. The same to the same. Since writing the foregoing, I
have seen Sir Henry's proclamation and orders. Without
stern measures this will be but a little water on the fire.
I am still of the same mind as to publication of the law.
Signed, W. S. 1 p. An almost illegible scrawl. [Col
Papers, Vol. XLVIIL, Nos. 74, 74, i., n.]
May 19. 508. Minutes of Council of Virginia. Order for the committal
of Stephen Tarleton and Charles Bostwicke of New Kent to
custody for inciting to riot until they find security for good
behaviour. [Col Entry Bk, Vol. CXXXIY.,p. 123.] *
234 COLONIAL PAPERS.
1682.
May 20, 509. Lord Shaftesbury to the Governor and Council of Ashley
River. Mr. William Read has purchased Dalton's plantation of
Dalton's heir. Pray give him quiet possession. [Col. Entry Bk,
vol. xx., p.m.]
[May ?] 510. Lords Proprietors of Carolina to Governor and Council of
Ashley River. Mr. John Smith has purchased ten thousand acres
of land. The conveyances are not ready to be snt by this ship ;
bub give his agents assistance in choosing the land. Signed,
Shaftesbury, Craven, P. Colleton. [Col, Entry Bk, Vol. XX.,
p. 197.]
May 22. 511. The Council of New Hampshire to Lords of Trade and
Portsmouth. Plantations. Forwarding quarterly returns of the proceedings of
Council and Assembly. Signed, Richard Waldern, President,
Elias Stileman, Richard Martyn, William Vaughan, Thomas Daniel,
Christopher Hussey, Richard Chamberlain, Secretary, p.
Endorsed. Reed. 8 Aug. 1682. [Col Papers, Vol. XLVHL,
No. 75, and Col Entry Bk, Vol. LXVII.,p. 70,]
May 22. 512. Duplicate of foregoing, with second date 21st August 1682.
Enclosed,
512. i. Proceedings of the President and Council of New Hampshire
since the transmission in October 1681. The Council
met at Portsmouth, 22nd November 1681. Agreement
signed for a highway from Mr. Vaughan's tan yard to
Bloody Point. Trial of Christopher Keneston for theft.
Ordered that a warrant be issued for the arrest of all
persons on the constable's list who have the war-rates in
their hands and fly out of the country.
General Assembly at Portsmouth. 7th March 1682.
Trespass action of Abigail Ellins against George Walton.
Thomas Thurton was accused of abusive and contemptuous
language against the Council, saying that they were rebels
against the King for denying his letter under the broad
seal, that they were a parcel of cursed rogues and that he
hoped to see them all hanged before he was much older.
Sentenced to be imprisoned for a month ; and if he pay
not a fine of 20Z. within that time and 21. 18s. Qd. costs,
to be sold. The Treasurer is hereby empowered to sell him.
Adjourned to 9th March, unless earlier summoned.
7th, 8th, and 10th March 1682. The case of Walter
Barefoot, William Hoskins, and Thomas Thurton (see ante,
No. 430). 10th March. Phesant East wick excused from
military training being a physician. John Roberts, Head
Marshal, resigned his office. Henry Dow appointed Sole
Marshal with salary of 51 a year. Order for the free
admission of all vessels from Massachusetts to all parts
without liability to further dues than are paid by in-
habitants ; provided that the like order be made in favour
of New Hampshire by Massachusetts. Goods having paid
customs in one port in New Hampshire or Massachusetts
AMERICA AND WEST INDIES. 235
1682,
to be exempt from further duty, provided that Massa-
chusetts make the like rule. Order for a levy of a penny
in the pound on persons and estates to be paid in money
or in species at the following rates : -
Wheat, five shillings a bushel.
Pease, four shillings a bushel.
Malt, three shillings and sixpence a bushel.
Indian corn, three shillings a bushel.
Boards, thirty shillings per 1,000 feet.
White oak pipe staves, at 3/. per thousand.
Fish, two rials under price current.
The Council met at Portsmouth, 2nd May 1682. Order
for a conference respecting the approval of a minister for
Great Island. Administration of the estate of Edward
Cowel, deceased, granted to Jethro Furber, his son-in-law.
Proceedings in reference to the estate. Order explaining
the powers of Marshals. Signed. Richard Waldern,
Elias Stileman, Richard Martyn, William Vaughan,
Thomas Daniel, Job Clements, Richard Chamberlain.
Dated, Portsmouth, 31st August 1682. 5i pp. Endorsed.
Reed. Nov. 2, 1682. [Gol. Papers, Vol. XL VIII., Nos. 76,
76 I., and (letter only) Gol Entry BL, Vol. LXVIL,p. 71.]
May 22. 513. Minutes of Council of Jamaica. Oath administered to
St. Jago certain new members. Petition of Charles Charles Morgan read
and referred, together with his claim for arrears to the Deputy
Auditor. Order for a general survey of the forts by Sir Henry
Morgan, Colonel Hender Moles worth, Major Samuel Bach and
Captain Reginald Wilson. Ordered that the Governor's commission
be enrolled ; that Thomas Martin, Receiver-General, give in his
accounts for 17th July 1681 to 24th June 1682 to the Deputy
Auditor who, after examination, will refer them to Sir Charles
Modyford and Colonel Hender Molesworth for further inspection ;
that the Council be summoned for 6th July next ; that the tonnage
of ships be adjusted according to their light bills in Europe ; arid
that the Receiver pay the several officers attending the Government.
[Gol Entry BL, Vol. XXXVI., pp.
May 22. 514. Journal of Lords of Trade and Plantations. Sir Henry
Morgan's letter of 8th March (see No. 431) concerning privateers
read. The Lords will report it to the King.
Draft of letters to the New England Colonies respecting New
Hampshire, and to (Massachusetts respecting Mr. Mason, read and
approved. [Col. Entry Eh, Vol. GVH., pp. 24-25.]
May 22. 515. Lords of Trade and Plantations to Sir Richard Button.
Council The King having ordered the petition of Samuel Hanson to be
referred to you for your report, we send you a copy thereof and
desire your report, together with authentic copies of such papers as
may be necessary. No signature given, i p, [Gol Entry Bk..
Vol. VIL,p,lW.}
236 COLONIAL PAPERS.
1C82.
May 23. 516. Order of King in Council. Approving the following draft
Hampton O f a letter from the King to the Massachusetts. There has been
long depending before us the petition of Robert Mason complaining
of the wrongs which he has suffered from the Corporation of
Massachusetts Bay, which has kept him from possession of a tract
of land between the rivers Naumkeckand Menimac. Our Solicitor
and Attorney-General informing us that Robert Mason has a good
and legal title to the lands conveyed to him under the name of
New Hampshire, we referred the matter to the Lords Chief Justices
of the King's Bench and of Common Pleas, who report to us that
your agents, Peter Bulkley and William Stoughton, had disclaimed
all title to the lands claimed by Mason, and that they therefore
esteem it proper that the parties should have recourse to the
judicature settled on the place for the decision of any question of
property, until it should appear that there was just cause of com-
plaint against our Courts of Justice. In order therefore that justice
may be done with all ease and cheapness, we order as follows :
Robert Mason shall be at once admitted to prosecute his right
before the Courts of Massachusetts. Where the land claimed has
been improved and Mason's claim is disputed by the tenant, a trial
at law may be appointed and allowed, but no interested person
shall act as judge or juror. If this justice be delayed by you or
judgment be given in which Mason does not acquiesce, he may
appeal to us in Council, and the parties concerned shall answer the
appeal within six months. In the case of unimproved lands you
shall forthwith put Robert Mason in possession, and if you refuse
to do so without good cause shewn within six months after demand
of possession, we shall take the w^hole cause of Robert Mason into
the consideration of ourselves and Council. And you will secure
Robert Mason from all arrests and molestations whatever, while
within your jurisdiction, that he be not hindered in the prosecution.
The whole 2 pp. Signed, Phi. Lloyd. Endorsed. [Col. Papers,
Vol. XL VIII., No. 77, and (under date 23rd June) Col. Entry
Bk., Vol. LXI.,pp. 136-139.]
517. Order of the King in Council. Approving the following
draft of a letter from the King to the four New England Colonies.
We have lately appointed Edward Cranfield our Governor of New
Hampshire, and have charged him in case of any rebellion or
hostile invasion of any of the neighbouring colonies to help them
to the best of his power with the forces under his command, and
we now require the same of you towards him. Signed,- Phi.
Lloyd, li pp. Endorsed. [Col Papers, Vol. XLVIII., No. 78.]
May 23, 518. Copy of a Pardon granted to Doctor Henry Woodward by
the Lords Proprietors of Carolina. 5 pp. Signed, Albemarle,
Craven, Shaftesbury, P. Colleton. [Col. Entry Bk. t Vol. XX.,
pp. 198-202.]
May 23. 519. Journal of Assembly of Nevis. Proposed by the Governor
and Council, (1) That Captain Jory be paid his disbursements on
the Articles of Neutrality, the provisions lately said by the Assembly
May 23.
Hampton
Court.
AMERICA ANl) WEST INDIES.
237
1682.
May 23.
May 24.
Boston,
May 25.
May 26.
May 28.
Middle
Plantations.
to have been made being set at naught by the refusal of the farmers
of the impost of liquors to pay it. (2) To consider what shall be
done in future as to the import on liquors. (3) To consider what
shall be done for the Governor, who has received great encourage-
ment to reside in Antigua and will certainly do so unless better
provided for in Nevis. The Assembly ask for time till Thursday
next before giving their answer. [Gol. Papers, Vol. XLVIIL,
No. 79.]
520. Minutes of Council of Virginia. Order for Matthew Kemp,
Ralph Wormeley, and Christopher Wormeley to take the public
records lately under the charge of Robert Beverley, and commit
them to the custody of the Sheriff of Gloucester, who will bring
them to the Secretary's office. Order for the transfer of Robert
Beverley from the ship Duke of York to the ship Concord now in
York River. Order for the suspension of John Woodington as a
justice of the peace, and for his committal to custody in consequence
of his behaviour in respect of the riots. [Col. Entry Bk.,
Vol. XXXIV., pp. 120, 121, and 124-126.]
521. Proclamation of a fast day for God's blessing on the errand
of the Massachusetts Agents. Signed, Edward Rawson, Secretary,
Printed sheet. 1 p. [Gol. Papers, Vol. XLVIII., No. 80.]
522. Minutes of Council of Virginia. Order for'the arrest of the
wives of Thomas Allman and Richard Longest for plant cutting,
and for their trial on 30th May. [Col. Entry Bk, Vol. LXXXIV.,
p. 126.]
523. Journal of Assembly of Nevis. The Assembly returned
their answers to the proposals of the Governor and Council (see
ante, No. 519). (1.) The first receipts in the Treasurer's hands shall
be paid towards the discharge of Captain Jory's debt. (2.) The
Treasurer shall continue to collect the same duty on liquors for
six months longer. (3.) WeoSer the Governor a present of 160,000
pounds of sugar. [Col Papers, Vol. XL VIII., No. 79.]
524. The Secretary of Virginia to Sir Leoline Jenkins. I had
hoped to have given you a better account of things this year. After
despatch of my last the rabble continued their riotous and mutinous
plant-cutting in spite of all proclamations. The patrols of horse
ordered in each county have, through the care and activity of some
of the officers, surprised and committed many of the plant-cutters,
and so discouraged their wild and extravagant riots that the parties
decreased in numbers, and bold actions by day gave place to night
mischief, especially whilst the nights continued light. Small
parties went from plantation to plantation by night destroying all
plants of which they had intimation ; and of information they had
no lack, for such was the folly, madness, and often malice of some
of the inhabitants that, when the rabble had by force or persuasion
destroyed the plants of one plantation, the master of this planta-
tion was soon possessed of the like frenzy and willingly helped to
238 COLONIAL PAPERS.
1682.
make his neighbour as incapable of making tobacco as he himself
was. And so the infection spread, until a fortnight ago it was to
be feared that it would diffuse itself over the whole body ; but
now it is much allayed, thanks to the militia, and in a hopeful way
of inducement, though I cannot yet positively say quiet settlement.
For the women have so cast off their modesty as to take up the
hoes that the rabble were forced to lay down, and rather than that
plant cutting should cease they act their part in destroying plants,
and have privately injured many of their neighbours both by day
and night. By exemplary punishment inflicted on some of them,
that pernicious humour which at present is a-madding will either
be allayed or totally extinguished, so that it is to be hoped that a
little more time will restore order, though by awe rather than
willing conformity, and in the same manner maintain it. In my
opinion, therefore, it is absolutely necessary that two parties of
fifty horse should constantly patrol Gloucester and New Kent,
where the riots have been worst. I acquainted you in my last of
my strong suspicions that Robert Beverley was the moving
spirit in these disturbances. There being since sufficient found
against him, he was taken into custody and is at present confined
on board ship under a safe guard. This was a great check to the
mutineers ; their spirits sank and their numbers dissolved ; some
took flight and others voluntarily submitted. The paying oft* of
the soldiers and quarters is still proceeding, though it would have
been perfected long since but for the mutinous disposition of the
men. They seized the opportunity of the riots to insist on many
particulars of disbandment, especially the twopence a day deducted.
The Government, though very anxious, hopes by moderation and
vigilance to end the matter satisfactorily and in convenient time.
Signed, Nicho. Spencer. 1 pp. Endorsed. [Col. Papers,
May 30. 525. Duplicate of the foregoing, [Col. Papers, Vol. XLVllL t
No. 82.]
May 28. 526. Articles exhibited by Edward Randolph against Thomas
Boston. Danforth, Mr. Guggins, senior, Mr. James Russell, Mr. Saltonstall,
senior, Mr. Samuel Noel, Mr. John Richard, Mr, Davie, Mr. Gidney, and
Mr. Appleton, magistrates, and John Fisher, Elisha Cook, Thomas
Brattle, senior, Anthony Stodder, senior, Bathurst, Hathorn, Wait,
Johnson, Elisha Hutchison, Spragg, Oakes, Holbruck, Cushion,
Hammond, and Pike, Deputies and all members of the General
Court held at Boston 15th February 1682: (1) That the said
faction has refused to publish the King's proclamation sent in
October 1680, thereby preventing the operation of the Act for
securing the Plantation trade. (2) That it has refused to repay
sundry sums deposited by me in security for trials on behalf of
the King's customs, though illegally levied, and though repayment
is directed by the King's letters of 21st October 1681. (3) That
it has refused to recognise the Letters Patent erecting an office of
Collector, &c. (4) That under pretence of satisfaction to the King
AMERICA AND WEST INDIES. 239
1682.
it has erected a Naval Office of its own in opposition to the King's,
and appointed officers thereto. (5) That it continues to exert
judicial functions which are not rightly theirs and by controlling
the Governor and Court of Assistants oppress the country ; such
functions being no part of the duty of the Court of Deputies.
(6) That it has neglected to repeal all local laws contrary to the
laws of England, notwithstanding the King's particular orders,
whereof observance was promised. (7) That it has refused to
recognise the appointment of William Blathwayt as Surveyor and
Auditor-General of the Plantations. Signed, Edw. Randolph.
Holograph. 1 pp. Endorsed. Heed. 23 June 1682. [Col.
Papers, Vol. XLVIIL, No. 83.]
May 29. 527. Edward Randolph to Sir Leoline Jenkins. The Govern-
Boston. ment, on the news of the dissenters being imprisoned in England
and the King's bringing a quo warranto against the Charter of
London, believe it now time to apply to the King by their agents,
whose instructions are to deny or extenuate the complaints of
myself and others ; to defend their right to the land claimed by
Mr. Mason ; to maintain their right of imposing customs on goods
and merchandise imported ; to justify their setting up an office in
opposition to that erected by the King's patent ; to obtain the
King's pardon and his confirmation of their charter, and, lastly (if
it can by any means be done), to get me removed from my place
and office. I have sent over several papers and new articles to
Mr. Blathwayt, containing new matter of fact, together with their
laws and orders of Court to confirm the misdemeanours objected
against the dominant faction. Their agents will, I hope, be more
ingenuous than to deny the plain matters of fact that follow, viz.,
that the General Court has not acknowledged the appointment of
the King's collector, and has set up an officer without the Governor's
approbation, which is contrary to law and charter; that the
reading aloud of my commission in Court was refused ; that
several magistrates opposed the passing of the Naval Office Law,
which was pressed by Danforth and his faction, who contrary to
that law administered an oath to their officers ; that to this day
they have refused to repay me the expense of my prosecutions,
though ordered to do so by the King, and lastly that they have refused
to recognize Mr. Blathwayt's Patent as Surveyor and Auditor-
General of the Colonies in America. I have seized a ship belonging
to one Mr. Shrimpton, and a ketch belonging to Mr. Kellon,
brother-in-law to Richards, one of the present agents. They are
all incensed against me, and are combined to misrepresent me as
an enemy to their government and a disturber of the peace, but I
hope I have done nothing but my duty. I know that they will
not be wanting to say all the ill that malice can suggest against
me to their Lordships, and in my absence they will have the greater
liberty. But I know that they have no just cause of accusation.
I went out to seize a ketch yesterday and caught such cold that I
am now in extremity with the stone and strangury. Should God
take me away thus it would be accounted a blessed return for their
240
COLONIAL PAPERS.
1682.
May 29.
Boston.
May 29.
Boston.
May 30.
Boston.
May 30.
prayers. Pray intercede with the King for compensation to my
wife and children for the expense and loss that I have incurred in
the King's service here. I have broke the heart of this faction,
and if it please God to spare -my life I shall prepare them to receive
the King's orders. A quo warranto against the charter and a
printed declaration disenabling Danforth and his faction to vote
or to hold public office would place this government in the hands
of honest men. Nothing that the agents promise should be depended
on, if they are suffered both to depart, till the King has full
assurance that all here is regulated as promised. Holograph. 1 pp.
Endorsed. Rec. 8 Aug. 1682. [Col Papers, Vol. XLVIII.,
No. 84.]
528. Account of lands, rents, profits, and fines and forfeitures
due to the King in Massachusetts. (1) Eight towns lying between
the northern and southern bounds of New Plymouth and the
southern line of Massachusetts but not included in the grant to
either Colony. (2) Forty-one quarters of wheat due from the Go-
vernor and Company as lords proprietors of Maine. I have charged
this upon the Government, but they say that the patent under
which it is due goes back only to the beginning of the last Dutch
war, but I think that those who will not own the authority should
not have the benefit of the King's grant. (3) 20. being the moiety
of a fine paid by Timothy Armitage under an order from the Court
of Boston of 25th December 1680. (4) 101. due for breach of the
Act of 14 Car. II. (5) Fines and forfeitures received by the several
treasurers since the first Dutch war, at the lowest computation,
400Z. a year. (6) About 800?. a year for customs, powder money, &c.
Signed, Ed. Randolph. Holograph. lj p. Endorsed. Reed.
23 June 1682. [Col. Papers, Vol. XLVIII., No. 85.]
529. The Governor and Council of Massachusetts to Sir Leoline
Jenkins. We are sending over Joseph Dudley and John Richards
as our Agents. We have before told you of our difficulties in this
matter and how impossible it was to us to appear by the time
limited in the King's letter of 21st October 1681. This is the first
ship from this port since that time except one which was ready to
sail when we received the King's order. We hope, therefore, that
the King will not impute delay to us. We beg your good offices
on behalf of our agents. Signed, Simon Bradstreet, Governor. ^ p.
Endorsed. [Col. Papers, Vol. XLVIII., No. 86.]
530. The President of the Council of New Hampshire to William
Blathwayt. Asking him to present enclosed letters to the Lords
of Trade and PJantations. Signed, Richard Waldern. p.
Endorsed. Reed. 8 Aug. Enclosed, the Proceedings of Council
from 22 Nov. 1681 to 22 May 1682 (see No. 512 I.). [Col. Papers,
Vol. XLVIII., No. 87.]
531. Sir Henry Chicheley to Sir Leoline Jenkins. Things are
much improved, thank God, since my last, though the rioters
persisted by day or night till they had destroyed the plants of
AMERICA AND WEST INDIES. 241
1682.
near three parts of Gloucester, half New Kent, the lower part of
Middlesex, many plantations on the south side of Rappahannock
county, and some few in York, before they could be allayed ; divers
parties of them conspiring at the same time to ruin the country.
I hope now to secure the properties which are untouched. I am
somewhat apprehensive of the King's soldiers. The reductions of
their pay after their long forbearance, and the debts that they have
contracted makes them almost desperate and extremely unruly.
Besides which they have served from the 1st April till now, for
which no money is arrived. The country had never more need
of their services than now, but they are more inclined to give
trouble by joining with the discontented planters than to give
help. Should they join the malcontents I should greatly fear a
renewal of disorder, but we are taking all care. Signed, Hen.
Chicheley, $ p. Endorsed. [Col. Papers, Vol. XLVIIL, No. 88.]
May 31. 532. Lord Baltimore to Sir Leoline Jenkins. Since my last I
Maryland, have sent over to Virginia, but Secretary Spencer was not then
returned from James City ; I understand, however, that many of
the tobacco cutters have been apprehended and the most part
dispersed. It is said that Beverley is arrested, and that the total
plants destroyed represents six or seven thousand hogsheads, or as
some say ten thousand. I send you a relation of my difference with
Nicholas Badcock ; also a declaration that he was never called
before Council ; also letters from Rousby to William Steevens, and
to Robert Ridgeley. The letter being very long I have given an
extract only. Rousby seems determined to return to his old habit
of taking an easy penny as he calls it. The King's customs suffer
from this, I am convinced. Pray let collectors be ordered to give
me a copy of their instructions and of all fresh orders in future.
Signed, C. Baltemore. 1 p. Annexed,
532, I. Petition of Lord Baltimore to the King. A repetition of
the excuses put forward in the letter of 18th May (sea
ante, No. 507), with a humble prayer for pardon.
Signed, C. Baltemore. Broad sheet.
532. II. "A true relation of the dispute and difference that
happened between me and Mr. Nicholas Badcock," about
the ships Dolphin and Freeman, Alexander Dennet and
Edward Tarlton masters. A repetition with trifling
additional details of the story told in his letter of 18th May.
Signed, C. Baltemore. 29th May 1682. 2 pp. En-
dorsed.
532. in. Certificate of the Chancellor of Maryland that he did
give Lord Baltimore his opinion on the dispute with
Badcock, not having then seen the authority by which
Badcock acted. Signed, Philip Calvert.
532. IV. Certificate of the Clerk of the Council of Maryland that
Badcock was not called before the Council there. Signed^
John Llewellin. 6th June 1682.
532. V. Christopher Rousby to Colonel Stevens (abstracted al>ove>
see No. 325, of 14th December 1681). On same sheet*
242
COLONIAL PAPERS.
1C82.
May 31.
May 31.
Extract from the letter from Rousby to Robert Ridgeley,
of 6th December 1681 (see ante, No. 312). [Col. Papers,
Vol. XLVIII. , Nos. 89, 89 i.-v].
533. Duplicate of foregoing letter, and of enclosures I.-IV.,
with triplicate of enclosure No. 11. [Col. Papers, Vol. XLVIII.,
Nos. 90, 90 i -iv].
June 1.
Barbados.
June 2.
Boston.
June 3.
534. Abstract of the same letter and of its enclosures. 1 p.
[Col Papers, Vol. XLVIII., No. 91.]
535. Return of Exports for the half year 1st January to 1st June
1682. Total value, 3,594?. 15s. Ud. [Col. Entry Bk., Vol. IX.,
No. 7.]
536. Edward Randolph's deposition concerning the ship Hope.
Respecting his seizure of her for landing wine without making
entry with him. p. Copy attested by Edward Rawson. En-
dorsed. [Col. Papers, Vol. XLVIII., No. 92.]
537. Lords Proprietors of Carolina to the Governor and Council
of Ashley River. Permit for the issue of two thousand acres of
land to Captain Elias Clifford. Signed, Craven, Shaftesbury,
J. Archdale. f p. [Col Entry Bk, Vol. XX. p. 203.]
[June 3.] 538. Index of papers relating to Massachusetts from 9th May
1670 to 3rd June 1682. 14 pp. [Col Papers, Vol. XLVIII.,
No. 93.]
June 5. 539. Circular from the King to the Governors of the New
England Colonies. Announcing that he has taken New Hampshire
under his immediate authority ; and that he has instructed the
Governor to give them all help in time of need, and looks for the
like from them. [Col. Entry Bk., Vol. XCIX., pp. 158a-159.]
June 5. 540. The Lords Proprietors of Carolina to [the Governor and
Whitehall. Council of Carolina ?]. We have recently made new regulations
for government which we hope have reached you. We forbid any
person to take up land within two miles, on the same side of a
river, of an Indian settlement. Those who take up lands near the
Indian settlements must help them to fence their corn that no
damage be done by the hogs and cattle of the English. For we
conceive that the Indians will be of great use to the English.
Signed, Craven, Shaftesbury, P. Colleton, John Archdale (for
Thomas Archdale). [Col Entry Bk., Vol. XX., p. 195.]
June 7. 541. Lords Proprietors of Carolina to [Governor and Council of
Ashley River]. Mr. John Ashby, who has done us much good service
in procuring seeds, wishes to enlarge his plantation. Permit his
agent to take up not more than three thousand acres. Signed,
Craven, Shaftesbury, P. Colleton. [Col Entry Bk., Vol. XX.,
p. 204.]
AMERICA AND WEST INDIES.
243
1682.
June 7.
June 7.
June 7.
June 7.
Nevis.
June 7.
Middle
Plantation.
542. Journal of Lords of Trade and Plantations. Sir William
Stapleton's letter of 25th March read (ante, No. 447) respecting the
seizure of Henry Brunet's ship and the suspension of proceedings
owing to Brunet's naturalisation in Virginia. The Lords agreed
to ask Chief Justice North's opinion, 1. If any alien naturalised in
Virginia can lawfully trade in any other of the King's dominions.
2. Whether Sir W. Stapleton's proceedings have been according to
law. The question as to the treaty of neutrality to be brought
before the King.
The Lords were acquainted that the laws of Jamaica passed on
2nd July and 28th October 1681 were arrived (see Nos. 160, 270).
Petition of Philip Dogherty and Richard Roerty respecting the
cruelties of the Spaniards in the West Indies read. Secretary
Jenkins to communicate them to the Spanish Ambassador. [Col.
Entry Bk., Vol. CVIL, pp. 25-30.]
543. William Blathwayt to Sir Leoline Jenkins. Forwarding
copy of Sir Henry Morgan's letter of 8th March 1682 (ante,
No. 431), for representation thereon to the Spanish Ambassador.
[Col. Entry Bk., Vol. XCVII.,p. 101.]
544. William Blathwayt to Lord Chief Justice North. For-
warding copy of Sir William Stapleton's letter of 25th March
(ante, No. 447), for his opinion as to the condemnation of the ship.
1 p. Endorsed. Annexed,
544. i. State of a question concerning a New England vessel
condemned in the Leeward Islands. An Act of Assembly
has lately been passed in Virginia enabling the Governor
to naturalise inhabitants of that Colony, being aliens or
foreigners. The Act of 12 Car. II. forbids trade with the
Colonies to all ships that are not owned by the people of
England, Wales, Ireland, and Berwick; or are not built in
the King's dominions abroad, under penalty of forfeiture.
May an alien naturalised in Virginia lawfully trade to any
other of the King's dominions ? 1| pp. Endorsed. [Col.
Papers, Vol. XLVIIL, Nos. 94, 94 i.]
545. Governor Sir William Stapleton to William Blathwayt,
On the 5th instant Captain Christopher Billop-of His Majesty's
ketch Deptford, by my orders weighed anchor, seeing a vessel
tacking off the harbour several times without colours and
sometimes with French colours. In fine she happened to be
an interloper. The ketch coming up with her fired according to
custom athwart her forefoot to make her salute the King's colours.
As she did not obey the ketch fired at her, which fire she returned
killing one man and wounding two. After a short conflict the
ketch carried her into the old road of St. Christophers. Being at
this time and distance from them, I can give no fuller account.
Signed. 1 p. [Col. .Entry Bk., Vol. XLVIL, p. 42.]
546. The Se^etary of Virginia to Sir Leoline Jenkins. The
only occurrence since my last is the completion of the disbandrnent
of the soldiers this day. Their arms, partisans, halberts, and drums,
244 COLONIAL PAPERS.
1682.
are returned into store, and care has been taken for the passages of
such as wished to return to England. Many more are provided for
by being entertained by the garrisons at the heads of the rivers.
While the disbandment was proceeding the danger of the Govern-
ment was great, and the delay unavoidable. The soldiers and the
plant-cutters encouraged by the general disorder supported each
other. The soldiers, maddened by the wildness of the rabble, insisted
on terms of disbandment, and, to gain them, refused for some days
to quit either the main-guard or the magazine. Gentle methods
were thought best for them and proved effectual. At present
matters are quiet all over the country though not so firm as to be
sure that the malignant humour may not break out again. The
militia horse of Gloucester and New Kent are ordered to be in
motion to preserve the peace. Our Indians, thank God, have as yet
given us no anxiety this summer, and I hope will not, so that I may
have no more returns to send you. Signed. Nicho. Spencer.
1 pp. Endorsed. Ree, 31 July. [Col. Papers, Vol. XLVIIL,
No. 95.]
June 7. 547. Queries propounded to Governor Simon Bradstreet and the
Boston. other members of the General Court of Boston by Edward Randolph.
In trials under the Acts of Trade the defendants plead with success
that those Acts are not in force in the Colony, not having been
sufficiently published. I ask, (1) Is any law of the General Court
of Massachusetts sufficiently published until made known by beat
of drum and public reading ? (2) Is any law not so published in
force and to be owned as the law of the Colony ? At a trial at
the Court of Assistants on 1st June the Governor declared my
letters patent were a sufficient warrant to me to search and seize
vessels, &c. I ask, (3) Is not such declaration sufficient con-
sidering the powers specially conferred on the Governor to that end ?
And, has the General Court more power to alter an Act of Parlia-
ment than a clause in the Charter. At the same time the Governor
and his assistant declared that three English Acts concerning trade
were all of force in the Colony. I ask, (4) Should not such a
declaration be received as sufficient ? (5) And should it not be
binding and warrantable ground for the King's officers to proceed
on ? (6) Are two of those Acts in force though not published by
beat of drum ? (7) Is the third of them, which has been published, in
force, not being particularly mentioned as recited in the law. Signed,
Edward Randolph. 2| pp. Endorsed. Reed. 23 June. [Col.
Papers, Vol. XLVIIL, No. 96.]
June 10. 548. The Secretary of Virginia to Lords of Trade and Planta-
tions. I enclose the returns of the transactions of my office. As
you may be puzzled why the Assembly was convened in spite of
the King's order, I may mention that some time before the arrival
of that order, Sir Henry Chicheley summoned it without the advice
of any of the Council, and that when the order came it was too
late to prorogue it. The foot companies are disbanded, though not
without trouble ; and the country is quiet, though the plant cutters
AMERICA AND WEST INDIES,
245
1682.
June 12.
James City.
June 12.
Jamei City.
June 12.
Jamaica.
are much aggravated by their defeat and the sufferers by their
losses. Great circumspection will be necessary for a time, but if
the next month passes quietly we may think ourselves free from
further fears. By that time crops of tobacco will be planted in all
the counties except Gloucester and New Kent (which have destroyed
their plants), and when the other counties have planted their crops
they will resolutely go on to complete them, so that the mischief,
if any, will be bounded by Gloucester and New Kent. Signed.
Nicho. Spencer. 2 pp. Endorsed. [Col. Papers, Vol. XL VIII.,
No. 97.]
549. Sir Henry Chicheley to Sir Leoline Jenkins. I have little
to add to mine of 30th May. I hope to give you a full account of
all our proceedings. All is quiet, but I know not what may come
of the discontented planters and some foreign distracted Indians.
Captains Arbuckle and Dix are not yet arrived. Signed, Hen.
Chicheley. p. Endorsed. [Col. Papers, Vol. XLVIII., No. 98.]
550. Sir Henry Chicheley to Sir Thomas Chicheley. I expected
to have heard from you before, considering our difficulties with the
disbanded soldiers (see ante, Nos. 531, 546). The first troubles came
of my unlucky summons of the Assembly, which was the result of a
letter from Colonel Bacon enclosing part of one from Lord Culpeper.
They debated long over the retention of the foot-companies, but
with other designs, and finally answered that the cost would be too
heavy for the Colony in its present necessitous state. Then they
were prorogued; and the rebellion broke out. It may seem
wonderful that I disbanded the foot-companies at such a time, but
the truth is that they were quite out of control. I have no doubt
that I shall be censured at home for these accidents. I hear that
some of the shipping trade intend also to prosecute an attack
against me. One of the three last ships brings with her an Act
passed by Lord Culpeper forbidding tobacco to be shipped except
at the ports of co -habitation, or before the 20th March, in spite of
which Act two of these ships, the Constant Mary and the Henry and
Anne loaded up and sailed before the 20th. By the Act they are
forfeited for doing so, unless all Acts are to be counted invalid
until confirmed by the King, which has never been the practice.
If there be an error, it is because Lord Culpeper has told us nothing
of the King's resolutions. Nothing has been concluded here for
near two years, which one could think was time enough to give
notice to this poor Colony. Pray mention this to Sir L. Jenkins.
" Your most affectionate brother and humble servant, Hen. Chicheley."
Upp. Endorsed. Reed. 30 Oct. 1682. [Col. Papers, Vol. XLVIIL,
No. 99.]
551. Sir Henry Morgan to Sir Leoline Jenkins. I received by
the hand of Sir Thomas Lynch the King's orders of 7th September
last for my dismission from the commands of Lieutenant-Governor
and Lieutenant-General of Jamaica. I embrace them with all
submission and obedience, but (though I speak it not from ambition
24=6 COLONIAL PAPERS.
1682.
of being continued, but for zeal for the King's service) I heartily
hope the posts of Lieutenant and Major-General may prove as
useless as they are represented to the King. Sure I am they have
not appeared to be so hitherto, but whatever success the new
direction of affairs here may have, my life and fortunes are always
at the King's service. Signed, Hen. Morgan, $ p. Endorsed.
[Col. Papers, Vol. XLVIII., No. 100.]
June 12. 552. Sir Thomas Lynch to Lords of Trade and Plantations. It
Jamaica. j g h ar( j}y possible to be alive and to have had more misfortunes than
I have had on this voyage. After being sixteen or eighteen weeks
wind bound, at extraordinary loss and expense, we embarked. We
touched at Madeira, and there my wife miscarried and fell ill, so
that after a month or five weeks I was forced to leave her behind
with half my family. We left Madeira on 6th April, and five or
six days later as we drew near the tropics I fell ill myself from the
heat. We reached Barbados the 30th April, and stayed there three
days. Between there and Jamaica I grew much worse, so that
when I landed, on Sunday, 14th June, I was not able to go from
pains and giddiness. However, I was led to church and there the
King's commission was read. The same evening I swore them of
the Council that were in town, and the rest next day, and I lodged
at Captain Wilson's house, the King's being ready to fall. All
the gentlemen in the county and the Militia were ready to attend
me to town, but for six days I was unable to stir. During this
time came a barco luengo from Carthagena, with a letter from the
Governor asking leave to buy pitch, tar, &c., for refitting the
galleons that were beaten back in distress. It seems that on
the 8th May a storm took them, on their voyage thence, some
twenty leagues to the eastward. One ship that had two million
pieces of eight on board foundered, three others were driven back,
and the rest proceeded to Havana. They have been in the Indies
a year, and carried much plate. I gave him the leave he asked,
and on 25th May sent the Norwich frigate with the barco luengo
to Carthagena to convoy him, to acquaint the Governor formally
of my arrival, and to demand some prisoners, and a sloop laden
with sugar and indigo, that had run away fronr here. To induce
him to do us right I sent him two Panama negroes brought by the
pirates from the South Sea, While I was at the Point Captain
Coxon, one of our famous privateers, brought me the enclosed
commission, which I forward as a thing of the greatest import
(this enclosure is missing). It is against the Treaty of Madrid,
and I am sure it will cause a new sally of these rogues, whom any
commission will serve. This extraordinary Captain-General Clarke
was, I am told, one of Cromwell's officers. I know not whether he
has his commission from Carolina or no. This " New Providence "
and " Theory " are the Bahama Islands that lie to north of Cuba.
They are barren and good for little, frequented by only a few
straggling people who receive such as come to dive for silver in a
galleon wrecked on that coast. I came here on the 25th May,
though still very ill, because the officers and gentlemen would not
AMERICA AND WEST INDIES, 247
1682.
go till thej T had seen me here. The King's house here being in as
bad condition as that at the Poinfc, I was constrained to go to
Colonel Molesworth's. On the 27th May we had a Council, and I
ordered Captain Morgan to send me an account of the arms and
stores, which is here enclosed. I also ordered Sir Henry Morgan,
Colonel Molesworth, Major Bach, and Captain Wilson to take
workmen, inspect the ports, and make agreements for their
repair. We also ordered the Collector to bring us the calculation
of the revenue. This is not likely to amount to the appropriation
this year, so I am like to live here, as I am come, at my own
charge. The Collector has orders at the end of this month to give
in his accounts for the last twelve months to the Deputy Auditor,
who will bring them to the Council. I shall forward them to you
that you may better understand what this revenue is, and whether
the wool is answerable to the cry. I know not what to say of the
laws, for I have only heard the Act of Ke venue read, and I judge
that if you do not like that you will not read the rest. I think
we shall prorogue the Assembly to the time fixed by the Act, and
before that the Council and I shall have your opinion on the laws,
and shall know what to do. It is certain they will admit of no
retrenchment by Order in Council. They seem to know what has
been done in Virginia, Barbados, &c., and endeavour to provide
against it. But possibly they may amend some things if you
order it. I beg for your early instructions that I may call them
and adjust with them if possible at least six months before the Act
expires. Signed, Thos. Lynch. Endorsed. Reed. 16 Aug. Read
24 Aug. 1682. Enclosed,
May 31. 552, I. Account of Military stores at Port Royal, from May
1680 to May 1681 ; showing quantities expended and
remaining in stock. Long folding sheet. Signed, Ch.
Morgan, this last May 1682. Inscribed. Reed. 16 Aug.
1682. [Col. Papers, Vol. XLVIII., Nos. 101, 101. i ( ,
and Col. Entry Bk, Vol. XXX., pp. 6973 (letter
only).]
June 13. 553. Minutes of Council of Jamaica. Assembly prorogued to
St. Jago de la 6th October. The Governor gave his certificate that he had taken
the test ; ordered that entry be made of the Councillors' doing
likewise. Ordered that the Receiver-General pay His Excellency
six months' salary.
14th June. Ordered that a proclamation be prepared proroguing
the Assembly till 21st September. [Col. Entry Bk. t Vol. XXXVL,
pp. 2a 3a.]
June 13. 554. The King to Sir William Stapleton. Forwarding the
Windsor. petition of Benjamin Middleton for enquiry and report, and
ordering that meanwhile any Act passed to his prejudice be
suspended pending signification of the King's pleasure. Counter-
signed, Conway. [Col. Entry Bk. t Vol. XCIIL, pp, 167a,
168.J
COLONIAL PAPERS.
1682.
June 13,
June 14,
June 14.
Barbados.
June 14.
June 14.
June 14.
Boston.
555. Minutes of Council of Barbados. Order for the Com-
missioners of fortifications to leeward to report as to the resources
available and necessary to finish the fortifications. Order for
the Colonels of horse and foot to obey the previous order of 20th
March. Order for payment of 15,489 Ibs. of sugar to Thomas
Bringhurst. The King's warrant for the appointment of Robert
Davers to the Council read, after which the said Robert Davers
took the oaths and his seat.
Order for the Judges of the Courts of Common Pleas to confer
and present in writing an uniform code of methods and rules
which shall be used in all the Courts, also that they instruct their
clerks to be very careful to enter all records of writs of summons.
Adjourned to 27th instant. [Col Entry Book, Vol. XI.,
pp. 525-528.]
556. Governor and Council of Barbados to Lords of Trade and
Plantations. Forwarding quarterly returns of Council's affairs and
of imports. Signed, Ki. Button, Fra. Bond, Richard Howell, Alex.
Riddocke, Henry Walrond, Thomas Walrond, Jno Witham. 1 p.
Endwsed and inscribed. Reed. 16 Aug. 1682. With a list of the
enclosures endorsed, viz., Council Minutes, 24 Jan. 1682 to 29 April
1682, and three Acts. [Col. Papers, Vol. XLVIII., No. 102, and Col.
Entry Bk, Vol. VII., p. 132.]
557. Journal of Assembly of Nevis. Proposed that two sloops
well fitted for war be joined to the two from Antigua and the two
from Montserrat to attack the Indians in Dominica. The Council
concurs. The Assembly dissents, as Nevis has nothing to fear
from Indians, and has not been troubled with them these twenty
years. The coopers' petition granted, on condition that no more
negroes or slaves be taught the trade. The Assembly concurred.
[Col Papers, Vol. XLVIIL, No. 79.]
558. Order of the Governor and Court of Massachusetts,
empowering their agents to spend up to 1,000?. to " improve any
meet instrument for the obtaining of a general pardon and a.
continuance of the charter." Dated 5th May 1682.
A further order authorising credit for 3,000. for the same
purpose. Dated 14th June 1682. Copies. 3 p. Endorsed,
Rec. 25 Apr. 1684. [Col Papers, Vol. XLVIIL, No. 103.]
559. Edward Randolph to Sir Leoline Jenkins. I gave you an
account of the agents to be dispatched to England. That they
may not fail of success the poor people have been taxed heavily to
pay for that which their promises and pretences cannot obtain.
Their last agents brought 4,OOOZ. to account, part of which was
disposed of to persons of great station at Court, by whose help,
together with that of their Counsel, the Attorney-General, Sir
William Jones, they averted the King's intended alterations in
their government. But both Sir William Jones and Sir Francis
Winnington have left their opinions on record with the Lords of
Trade and Plantations that the misdemeanours objected against the
AMERICA AND WEST INDIES. 249
1682.
corporation of Massachusetts contain sufficient matter to void the
patent, which, however, cannot be done without a quo ivarranto.
Since then, as if their former misdemeanours were not sufficient,
they have opposed the King's letters patent and myself in the
execution of my office. Endeavours are still used by the fanatics
at home to keep up the minds of this faction by sending hither all
sorts of scandalous papers in vindication of Lord Shaftesbury and
Captain Wilkinson's information concerning Lord Shaftesbury.
The prosecution of dissenters at home, and the appointment of
Mr. Cranfield to New Hampshire has shaken the faction. Many
of the loyal in this Colony expected that Mr. Craufield would have
been empowered to take over this government also. Whatever
the agents may say, no good can be done here till the King
settles matters by appointing an able and honest Governor. Nothing
is to be expected of the reigning faction here but tricks. We
hear, and hope it is true, that the Bishop of London is sending
over to us an able Minister. Many will rejoice thereat, their
children being still unbaptised and none admitted to the sacrament
but members of their own congregational church. Ever since the
Restoration this government has been complained of, but troubles
at home have prevented the regulation of abuses. At the time of
the rebellion in England, the disciples of Sir Henry Vane and of
Hugh Peters got into the government, and saving eight or ten
honest men few or none but rigid independents are in the highest
places. Their will is their law ; they eat and tax at pleasure all
that are not of their party ; they use the King's name to abuse his
good subjects ; and now whoever complains is punished for speaking
against his government. Nothing will reduce the place to
obedience, nor ease the suffering of their burden but a quo warranto,
so often and so necessarily pressed for. Doubtless large complaints
will be made at the Council. The Treasury and Custom-house are
against me (as Mr. Danforth told me in open Court) as an opposer
of the King's authority and disturber of his subjects. I have
attended the King's service here for near seven years, have
faithfully represented the public proceedings, and find no per-
formance of the engagements faithfully promised at Whitehall. I
have explained the reasons in my previous papers, and if I have
offended I beg your intercession with the King. Mine is a
troublesome place, having to do with a faction whose Christian
policy is to support themselves by falsehood. I will stake my
good reputation that if the agents come back with an olive branch,
as our preachers pray here, that branch will b a fatal tree to me.
Holograph. 2 pp. Endorsed. Reed. 8 Aug. 1682. [Col. Papers,
VolXLVIIL, #0.104.] ,
June 14. 560. Journal of Lords of Trade and Plantations. Three letters
from Virginia of 8th May (see Nos. 493-495), respecting an
insurrection, read, after which Lord Culpeper was called in, and
several documents were read showing that the people much desired
a cessation of planting tobacco. The Lords thereupon agreed on
their report (see next abstract).
250
COLONIAL PAPERS.
June 14.
Whitehall.
1682.
Lord Chief Justice North's opinion on Brunet's case (see ante,
No. 544) read, to the effect that naturalisation in a colony is only
local.
Draft of a letter to Sir R. Button in favour of the Royal
African Company read. The Attorney and Solicitor-General to
report what instructions the King may legally send to governors
on behalf of the Company, the King being anxious to encourage it.
[Col. Entry Bk., Vol. CVIL, pp. 30-33.]
56L Report of Lords of" Trade and Plantations to the King.
We have received three letters from Virginia, dated 8th May (see
ante, Nos. 493-495) '^reporting the insurrection in Gloucester
County with its causes. We recommend that Lord Culpeper be
ordered to repair to his government with all possible speed, to
find out the promoters and abettors of this insurrection and to stop
its further progress ; and that to this end the frigate intended for
Jamaica be immediately fitted out to carry him to Virginia, his
Lordship having declared himself ready to go at a week's notice if
necessary. We recommend also that in view of the nature of the
insurrection some person who shall be found most guilty shall be
forthwith punished, after which, and not before, the Governor may
propose to the Assembly some method to temper the planting of
tobacco, and so raise its price. And since Robert Beverley is
represented as a promoter of these disorders and instructions have
been given to Lord Culpeper to put him out of all places of trust,
we recommend that those instructions be renewed and forthwith
executed. Lastly, we offer that Lord Culpeper be directed to sell
all such of your warlike stores as the county will buy, and secure
the rest for your service. [Col. Entry Bk., Vol. LXXXII., pp. 74-
77.]
June 14. 562. Notes apparently made for the report of same date, and
headed " Sir H. Chicheley." Endorsed, Note about Virginia. p.
[Col. Papers, Vol. XLVIIL, No. 105.]
June 15. 563. Minutes of Council of Virginia. Order for the transfer of
Robert Beverley to the custody of the sheriff of Northampton, to
be strictly guarded. [Col. Entry Bk., Vol. LXXXIV., p. 127.]
June 16.
Accomack,
Virginia.
June 16.
Barbados.
564. Charles Scarburgh to Sir Leoline Jenkins. It may seem
strange for one so unknown as myself to address you, but my duty
must be my excuse. The order of the Lords of Trade and
Plantations is to transmit the journals of the Assembly, which by
order of the House I am appointed to do, as also to give you an
account of our deplorable condition. To do so adequately would
require a volume, so I shall only say with the prophet " The whole
head is sick, and the whole heart faint ; from the sole of the foot
even unto the head there is no soundness in it." Signed,
Cha. Scarburgh. Holograph. 1 p. Endorsed. [Col. Papers,
Vol. XLVIIL, No. 106.]
565. Sir Richard Dutton to [William Blathwayt]. I had hoped
to have received instructions from you before this, but have been
AMEEICA AND WEST INDIES,
251
1682.
June 17.
Whitehall.
June 17.
Whitehall.
June 17.
Whitehall.
June 17.
disappointed, which gives me melancholy apprehensions that my
conduct is not approved. However, though reproved, I have acted
for the best. I have sent constant reports home, but the pressure
of business in this great heat has much impaired my health, though
I think that it would soon be restored by a breath of my native
air. I beg leave to return home next spring for three or four
months, if my indisposition grows on me. I shall take care to
leave behind me a deputy under whose guidance affairs will be
safe, and it would be a gain to the King's service to hear an oral
report from me of the state of these Colonies. I am out of purse
at least 500?. since my arrival, and have not received a penny from
the King since I took up the government, which is insupportable
to me. I place myself in your hands. Holograph. 1 p. Endorsed,
Kecd. from Mr. Blathwayt, 8 Aug. [Col Papers, Vol. XLVII1.,
No. 107.]
566. Order of the King in Council. Approving the report of
the Lords of 14th June (ante, No. 561) respecting the insurrection
in Virginia, and directing each recommendation to be carried into
effect. Kobert Bererley to be put out of all public employment on
the arrival of Lord Culpeper. [Col Entry Bh, Vol. LXXXII.,
pp. 77-80.]
567. Order of the King in Council. That Lord Culpeper embark
for Virginia on the 1st August, and hold himself in readiness to
embark at a week's notice. A frigate to be immediately equipped
for him. [Col. Entry Bk., Vol. LXXXII., p. 81.]
568. Order of the King in Council. Keport of the Lords of
Trade and Plantations on petition of Thomas Sands, dated
1st June 1682. Ordered thereupon that Order in Council of
24th May 1678 be confirmed, and that petitioner be allowed to
ship out of Virginia 580 hogsheads of tobacco free of the impost of
that country in consideration of his losses, but that this allowance
is not to be made a precedent. Lord Culpeper to see to the
execution of this order. [Col. Entry Bk., Vol. LXXXII., pp.
81-83.]
569. Extract from a letter to Lord Baltimore from the Commis-
sioners appointed to settle the boundaries of Pennsylvania and
Maryland. We have taken three several observations, and in all
of them have not differed two minutes. We find Mr. Augustine
Harman's house to lie in 39 45', so that you have still fifteen
minutes from here due north, which will go not far short of
Upland ; and this differs very little from their own observation
lately taken, as we are credibly informed. We have tried to let all
here know of your desire to determine the bounds. All seem much
satisfied with you and blame Mr. Penn much, that after so many
flourishes he should be thus backward. We question not but the
line will fall to your satisfaction. Copy. 1 p. Endorsed. [Col.
Papers, Vol. XLVIIL, No. 108.]
252 COLONIAL PAPERS.
1682.
June 17. 570. The Clerk of Assembly of Nevis to Lords of Trade and
Plantations. Forwarding Journal of the Assembly from 7th February
to 13th April 1682. Signed, Thomas Thome. [Col. Entry Bk.,
-
June 17. 571. Return of imports and of shipping from 17th March to 17th
Barbados. j une 1682. 4 pp. [Col. Entry Bh, Vol. IX., No. 5.]
June 18. 572. Governor Sir William Stapleton to Lords of Trade and
Nevis. Plantations. I beg your particular attention to these lines, reporting
the killing of one of the King's subjects and the wounding of six.
I cannot say whether this will be found murder or rebellion, the
truth coming about in this way. On Monday, the oth instant,
the ship Providence, of London, whereof George Nanton was
master, was seen tacking off and on in sight of us all towards this
roadstead, and in the end steering towards Statia. Captain Billop,
of the Deptford, set sail after her, and, on firing a shot across her
forefoot, to his great surprise found his fire returned, with the
result already told. After preparation for action he summoned
her to submit, and on refusal boarded her, and his men were called
cruel rogues and pirates for their pains. I cannot yet get all the
necessary affidavits drawn owing to the neglect of Captain Billop,
who has hindered his men from coming forward, to prevent the
discovery of the embezzlement by himself and his -men of negroes'
goods and African merchandise. I shall give you a fuller account
of this in a later despatch. Billop went down to St. Christophers,
though the wind was northerly, and as fair for his voyage hither as
thither; he then stayed there five days without giving me the
least account of his proceedings, apparently not thinking me worthy
the apprisal of the death of one of the King's subjects and the
wounding of others. After trying and condemning the ship's goods
according to the Company's charter and the King's proclamation, I
commissioned three gentlemen of the Council and a justice of the
peace to examine Captain Billop and the warrant officers and
seamen of the ketch respecting the embezzlement of ivory, red
wood, copperas, wax, and all other African commodities. How
they have been slighted shall appear under their own hands. Of
two hundred and fifteen negroes imported hither Billop and his
men have conveyed away all but eighty-four of the worst and
twelve infected with sinall-pox, besides eight or nine killed, to
say nothing of three or four m Uns (sic) of elephants' teeth, of
which he gives no account, not being satisfied with the fourth
share allowed him by the Royal African Company. I have taken
no part directly nor indirectly in the division of the charter, nor
am I otherwise concerned in it than is prompted by my duty to
the King ; but if I allowed so palpable a fraud to pass, I might be
justly suspected of connivance in the embezzlement of confiscated
goods before adjudication. I send for the present an abstract (see
next abstract) of the most material depositions, and shall send the
authentic copies, or the originals, and the Commissioners' report
hereafter. The trial for the murder is appointed for Monday next.
AMERICA AND WEST INDIES.
253
1682.
June 19.
Nevis.
June 19.
June 20.
Jamaica.
June 21.
June 21.
It is hardly worth any one's time to beg for the King's share after
such a " havoc and harlam," otherwise I should have begged you to
procure it for me, for I was obliged to pay dear for the King's gift
of the Tobago negroes, being compelled to refund 700?. Post-
script. I venture to suggest that you might cause the pay of the
captain and crew of the ketch to be stopped to answer in part for
the King's share. Signed. [Col. Entry Bk, Vol. XLVIL, pp.
45-48.]
573. Abstract of the depositions taken on 12th June concerning
the embezzlement of goods on board the ship Providence by
Captain Billop. A list of the witnesses examined, with the pith
of their evidence. Attested by John Netheway, Charles Pym,
and Jos. Jory, 19th June 1682. 2 pp. Endorsed. Reed.
24 August 1682. [Col. Papers, Vol. XLVIII., No. 109.]
574. Minutes of Council of Virginia. Order that Robert
Beverley, who has escaped and been recaptured, be brought to James
City. [Col. Entry Bk. t Vol. LXXXIV., p. 128.]
575. Sir Thomas Lynch to Sir Leoline Jenkins. To add to the
misfortunes of my fatal voyage I left my wife dying at Madeira,
and as soon as I got into the tropics was taken ill myself. I have
not been able to go, much less to write and give you an account of
affairs. I was received with the usual noise that new Governors
have, but found no house nor revenue, so was constrained to lodge
for a month with my friends, and am now living at my own
expense, which is very hard after having come here at such vast
charge. I have made no alteration, only have put in Colonel Long
as Chief Justice again. The people are waiting for the Lords'
opinion of their laws, and seem confident they will pass. I have
asked their Lordships to let me know their pleasure as soon as
possible, in order to communicate it to the Assembly, and prepare
the amendments that the Lords may direct. What they will do I
know not. Holograph. 1 pp. [Col. Papers, Vol. XLVIII.,
No. 110.]
576. Journal of Assembly of Nevis. Proposed by the Governor
that measures be taken for suppressing and cutting otf the barbarous
Indians. Proposed by the Governor that the Act for impost on
liquors be made perpetual. The Council concurred ; the Assembly
dissented. Proposed by the Governor, Council, and Assembly that
no payment from the public stock be made by the treasurer except
by warrant signed by the Governor and countersigned by one of
the Council and the Speaker of the Assembly. Proposed that no
person shall vote for an Assemblyman unless he has four acres of
land of freehold. Agreed to by Governor, Council, and Assembly.
[Col. Papers, Vol. XLVIII., No. 79.]
577. Minutes of Council of Virginia. Order for the delivery
of the arms of the disbanded soldiers to John Page. [Col. Entry
Bk., Vol. LXXXIV., p. 128.]
254
COLONIAL PAPERS.
1682.
June 23. 578. The King to the Governor and Company of Massachusetts,
Whitehall. We have long had before us the complaints of Robert Mason
against you for your exclusion of him from his territory in New
Hampshire. We have taken the opinions of the Attorney and
Solicitor-General and of the Chief Justices, who inform us in their
report that your agents renounced the land claimed by Mason, and
recommend that, as many parties are engaged, the case had better
be tried by the local Courts on the spot. We therefore order that
Mason be admitted forthwith to prosecute his rights in the Courts
of Judicature, with right of appeal to us in Council. Also, since
your agents have renounced claims to the lands between Naumkeck
and Merrimac, you will put Mason in possession thereof forthwith.
You will see that he has every facility for pursuing his legal
proceedings. 3 pp. [Col. Entry BL, Vol. XCIX.,pp. 160-162.]
[June 23.] 579. Edward Randolph's reasons for his protest against the
law for creating a Naval Office, passed by the General Court of
Massachusetts on 15th February 1682 : (1) The Act includes some
of the English Acts of Trade and excludes others. (2) The erection
of a Naval Office without the Governor's consent is repugnant to
an Act of 15 Car. II. (3) The rule ordering masters of ships to
enter and clear with their naval officer is repugnant to the Act
which requires them to do so with the King's naval officer. (4) In
the matter of bonds there is a repugnance analogous to the
foregoing. (5) Also in the matter of certificates and (6) of security.
The matter is argued at length. The whole, 3 pp. Signed,
Ed. Randolph. Endorsed. Reed. 23rd June 1682. [Col. Papers,
Vol. XLVIIL, No. 111.]
June 24-.
Boston.
580. Abstract of letters from Edward Randolph. 16th May to
24th June. Letter to Commissioners of Customs, 16th May 1682.
The Governor allowed my patent and powers, and denied his pass
to ships outward bound until they produced my certificates. Some
masters entered with me. But Mr. Danforth made a faction
against me in the General Court, giving out that the charter of
New England would 'be overthrown by my patent, and that the
General Court alone had the right to appoint officers, also that
none had power to seize ships without warrant from the governor
or a magistrate. The faction being the Deputy Governor and six
magistrates out of twenty, and the majority of the Court of
Deputies carried it against the rest, and made a law that vessels
should clear with Mr. Russell, their own newly-appointed naval
officer. They published this law 25th March, and then called a
council, when the Governor refused to swear Russell, but Danforth
swore him in contrary to law. 4th April I protested publicly.
27th April I prosecuted two persons for threatening me in case I
went aboard to visit. I offered to make affidavit thereof, but
Captain Richards refused to swear me. The Johanna of Piscataqua
smuggled fruit and Spanish wine ashore. I was directed to the
warehouses, where they asked for the Governor's warrant ; but the
Governor held that the Act for preventing frauds was not intended
AMERICA AND WEST INDIES. 255
1681
to apply to the Colonies. The Swallow of Salem brought Scotch
goods, but refused to show me her clearing, and my waiters
were driven from on board her. Another ship entered with me,
but refused to enter on oath. The Hope of Boston unloaded before
entry, and Russell granted a search warrant, but hearing that I
was ready also to search allowed the master to make entry, and
I seized this ship. Ships from Virginia enter as they please ; two
of the Acts for Trade are not recognised in Boston ; ships are
loaded for Newfoundland but go to Scotland. The Customs were
formerly worth 1,0001. per annum ; since my coming it is worth but
4iOOl. Sugar is brought from the West Indies, but the ships
enter with Russell and refuse to enter with me. The faction is
somewhat discouraged, however, by recent news from England.
New Hampshire copied Boston ; fined and imprisoned my officers,
but grew more moderate since the news that Mr. Cranfield was
coming. The news from England also saved me from prosecution
under their revived conspiracy law. Letter to the same, 14<th June
1682. I had three trials at Boston on 1st June. The first waa for
Scotch goods brought in the Susanna. Just before the trial
the evidence was conveyed out of the way. I moved that the
merchant being a Scotchman should show his clearing which he
could not, but the goods were none the less acquitted. The next
was the case of the Hope. I was cast because I had no warrant.
The Governor and magistrate held niy patent to be sufficient
warrant and sent out the jury three times, but they would not alter
their verdict. Appeal was refused pending signification of the
King's pleasure. The third was the William of Bristol, which waa
acquitted. With the consent of the Governor I drew up some
queries which were read in the General Court. The deputies are
much displeased thereat and are suddenly dissolved. Letters of
20th and 21st December 1681. I have been coldly received. I
suspect they have a copy of my articles against Danforth. The
factious party are against the Governor, and have ordered his
salary to be paid in Indian corn at 3s. 6d. a bushel, which is above
the market price. The laws have not been repealed as reported to
Sir L. Jenkins. They were reviewed and some corrected, and new
laws were prepared, but the Deputies would have no alteration.
The Acts of Trade are not yet declared law. Letter of llth Janu-
ary 1682. By the law of the Colony the people have appropriated
fines and forfeitures to themselves. Owing to my articles against
Danforth he has a majority of votes to be the next Governor.
Bradstreet is eighty years old. I wish Danforth to be summoned
to England. Letter of 10th April 1682. The General Court sat
for five weeks from 15th February. They have erected a naval
office of their own, and they have revived an old law making it
death to attempt to subvert the Government, which is directed against
me. They allow me to make no seizures without security or without
warrant from the Governor. The Agents, and their instructions.
Waldern and Vaughan of New Hampshire are consulting the
General Court how they shall receive the King's Patent. Letter of
18th May 1682. Of the Agents Dudley is opposed to Danforth'a
266 COLONIAL PAPERS.
1682.
faction ; his fortune is to make ; he could be gained and would be
useful. Richards is a bigot against the Governor. The grounds of
their defence are : 1. Confirmation of their Charter by the Royal
letters of 28th June 1692. 2. Their power to choose officers.
3. The Act of Trade directs the Governor to take the oath, but the
King's letter is addressed to the Governor and Company, and
therefore the General Court is the Governor intended. The
Governor had proposed to recognize Randolph and always refused
to recognize Russell. Dudley will give you a sight of the Agent's
private instructions, which are said to be saucy. Richards told me
that they have private information of all my articles, petitions, &c.
Pray let these articles be answered by the Agents before tbey are
allowed to criminate me. I am still obstructed in every way.
Danforth's creatures are the great obstacle. Letter of 25th May
1682. Great endeavours were made yesterday to elect Danforth
Governor but he lost it by much. Letter of I4<th June 1682. My
protest has been inspected. I wrote to the Governor protesting
against Danforth's hearing my appeal in the province of Maine,
but the Court breaking up suddenly the letter was not read, I
shall go to Maine to desire the continuance of the appeal till I have
an impartial judge. Letter of 24th June 1682. I recommend the
business of Richard Smith who desires that the case of Hog Island
between himself and the Governor of Rhode Island may, if
undecided, be referred to Mr. Cranfield. The Governor of Rhode
Island has evaded the taking of the oath to observe the Acts of
Trade. List of documents enclosed. 10 pp. Endorsed. [Col.
Papers, Vol. XLVHL, No. 112.]
June 25. 581. Lords of Trade and Plantations to the Governor of New
Hampshire. Requiring a full account of the province and of the
working of the Acts of Trade and Navigation. Signed, Anglesey,
Ailesbury, Arlington, Clarendon, Craven, L. Jenkins. [Col. Entry
Bk, Vol. LXVIL,pp. 64-66.]
June 25. 582. Minutes of Council of Virginia. Order for the transfer of
Robert Beverley to the custody of the sheriff of Northampton.
Order for Colonel William Cole to impress a suitable vessel and
collect sufficient men to be in readiness to sail in chase of a pirate
which has lately taken property from two houses on TindaU's point,
A further order for transfer of Robert Beverley to James City to
be brought before the Council. [? Misdated for 25th July.] [Col.
Entry Bk., Vol. LXXXIV., pp. 129-130.]
June 27. 583. Minutes of Council of Barbados. Captain John Dempster
being returned a member of Assembly took the oaths and signed the
test.
June 28. Bill for the settlement of the militia sent down to the Assembly.
Order for Thomas Bringhurst to inspect and report on the condition
of the powder issued to several persons between 1672 and 1681.
June 29. The Assembly brought up the Militia Bill with amendments,
some of which were accepted, John Witharn, Edwyn Stede, and
AMERICA AND WEST INDIES. 267
1682.
Thomas Walrond appointed to confer with them as to the rest. The
Assembly also brought up a Bill to supplement the Act for the
better ordering of negroes. On petition of Joseph Jephson the
Governor issued his warrant to the Treasurer for payment of the
sums due to him.
June 30. The Assembly brought up sundry expiring Acts to be continued,
also the Militia Bill, still with the amendments which the Council
had rejected. The Council adhered to its rejection and a second
conference was held. The Assembly brought up a Bill to encourage
the importation of Christian servants. Order for the Treasurer to
pay current expenses out of the funds now in his hands.
July 1. Order for payment of debts from the public due to Jeremiah
Cooke and George Andrews for labour and hire of lands for forti-
fications ; the Provost Marshal to gather in the arrears due to the
public with all speed. Acts respecting tickets of the Secretary's
office and for destruction of monkeys read a second time, amended
and sent to the Assembly. The Assembly agreed to the former.
The Assembly brought up the Militia Bill with a supplemental
clause which was rejected. The Governor told them that they had
been very tedious in dealing with this Bill, and must decide whether
to pass it or continue the old Act. They chose the latter. The
Governor promised to examine the statement that Thomas Forrester
had converted fines and forfeitures to his own use. [Col. Entry
Bk, Vol. XI., pp. 528-536.]
June 27. 584. Journal of Assembly of Barbados. The Committee pre-
sented the amendments to the Militia Act. Voted that the
members of Assembly be rebated one horse, and that refractory
persons be dealt with as under the old Act.
June 28. Militia Act. Voted that two tenants occupying two acres of
land be allowed instead of three servants ; that the appearances of
the life-guard on alarms remain unchanged ; that one hundred
acres be a fit estate for a field officer. Act for settlement of militia
received from the Council. One amendment carried. Act for
ascertaining parish boundaries and every man's land received fromr
the Council.
Junej29. Militia Act amended and returned to the Council. Supplemental
Bill to the Act for the better ordering of negroes read a first time.
The Governor asked for a Committee of the Assembly to meet
one from the Council on the amendments to the Militia Act.
Christopher Codrington, Richard Guy, Edward Littleton, John
Codrington, Richard Seawell, William Foster, and John Davies
appointed. Act subjecting rents and profits of lands and negroes
to taxation read a first time. The Committee of Conferrers
reported the amendments of the Militia Bill that were not con-
sented to by the Council. Voted that half the fines raised under
the Bill be paid to the treasurer, and that the Bill endure for two
years.
June 30. Several Bills for the revival of expiring laws read. Voted that
the amendments to the Militia Bill shall pass as now read. The
Committee reported that the Council would not agree to two of
y 93366. R
258
COLONIAL PAPERS.
1682.
July 1.
June 28.
the amendments. Address to the Governor requesting authority
for the Treasurer to use 1,000. of the levy for payment of local
debts, since he cannot get bills to remit the same to London.
Militia Bill. Clause granting 701. per annum to the Marshal of
Horse and 601. to the Marshal of Foot passed. Act for destruction
of monkeys returned from the Council with an amendment which
was accepted. Bill respecting tickets from the Secretary's office
returned from the Council with amendments. Bill for prolonging
the old Militia Act for another six months read. Address to the
Governor requesting that Thomas Forrester be compelled to give
to the public certain sums that belong to it. Adjourned to llth
July. [Col. Entry BL, Vol. XIII., pp. 484-490.]
585. Journal of Lords of Trade and Plantations. The Lords
desire Secretary Jenkins to consider whether the Act for the better
resettlement of St. Christophers is consistent with the Treaty of
Breda. Sir William Stapleton's letter of 6th April (see No. 460)
read. The Lords, to lessen the expense of ordinary recruits, agree
to report that men may be sent as supernumeraries with the
frigates from time to t.tne, and thirty -nine men sent by next
opportunity. On Brunei's case the Lords, in Chief Justice North's
opinion, hold his ship to have been justly condemned.
Mr. Randolph's letter of 10th [llth] April read (see No. 466).
[Col. Entry Bk., Vol. G VI I., pp. 33-35.]
586. Report of Lords of Trade and Plantations to the King.
We have received a letter from Sir William Stapleton dated 25th
March (see ante, No. 447), reporting the condemnation of a ship
part-owned by Henry Brunet, a Rocheller. We have consulted
Chief Justice North on the question raised by Sir William, and we
agree with him that this ship has been lawfully seized and con-
demned. Sir William should therefore put the bond in suit, and
oblige the surety to answer to you for the value of the ship and
goods. Sir William also asks in a letter of 6th April (ante,
No. 447) for occasional recruits for the companies in. St. Christophers.
This moy be easily and cheaply done by the conveyance of the
ships sent from time to time to the Islands, and we suggest the
sending of thirty men by the Lark frigate, which will presently be
sailing, as supei numerary to the complement of the ship. [Col.
Entry Bk., Vol. XLVII., pp. 40-il and pp. 43-44.]
587. William Blathwayt to Secretary Sir Leoline Jenkins. The
Lords of Trade have received the enclosed Act for the resettlement
of St. Christophers, and, observing that it relates chiefly to the
French inhabitants, desire your opinion whether it is in accordance
with the Treaty of Breda. 1 p. Endorsed. [Col. Papers,
Vol. XLVII I., No. 113, and Col. Entry Bk, Vol. XLVII., p. 41.]
June 28. 588. Heads of inquiry to be answered by Edward Cranfield
Council respecting Now Hampshire. Twenty-five heads, desiring the usual
Chamber. information _ [ CoL Entry ^ y l LXVII., pp. 66-69.]
June 28.
Council
Chamber.
June 28.
Council
Chamber.
AMERICA AND WEST INDIES.
259
1682.
June 28. 589. Lords of Trade and Plantations to the Secretary of New
Hampshire. For enforcement of the Circular requiring the trans-
mission of quarterly returns. Signed, Anglesey, Ailesbury,
Arlington, Clarendon. Craven, L. Jenkins. [Col. Entry Bk.,
Vol.LXVII.,pp. 69-70.]
[June.] 590. Petition of William Dyre to the Duke of York, enume-
rating his grievances (see next abstract], and asking him for leave
to petition to the King for immediate trial or release. 1 p.
Endorsed, " To give to Secretary Jenkins from the Duke." [Col,
Papers, Vol. XLVIII., No. 114.]
June 29. 591. Order of the King in Council. Referring the petition of
Whitehall. William Dyre to Lords of Trade and Plantations for report.
Signed, John Nicholas. % p. Annexed,
591. L The petition referred to. I was commissioned to be the
Duke of York's Collector in New York in 1674 and
remained so till 1681, when several merchants' factors
refused to pay their customs duties and accused me of
high treason. I was sent home to be tried for my life
and was enlarged on bail, since when I have waited in
vain for the accuser to prosecute his charge. I beg
reparation and release from bail. Copy. 1 pp. En-
dorsed, Reed. 2 J June 1682. Read 6 July 1682. Printed
in New York Documents, Vol. III., pp. 318-319. [Col.
Papers, Vol. XLVIII., Nos. 115, 115 L]
June 29.
June 30.
[June ?]
July 4. :
Whitehall.'
592. Warrant to the Master-General of the Ordnance to deliver
two flags to Edward Cranfield for the forts in New Hampshire.
[Col. Entry Bk., Vol. XCIX., p. 163.]
593. The King to Sir William Stapleton. Warrant for Thomas
Plott to be sworn of the Council of Nevis. Countersigned, Conway.
[Col. Entry Bk., Vol. XCIII.,p. 168, and Vol. XLVIL, p. 73.]
594. Depositions of Nicholas Wardner, Thomas Wilkison, and
Anne Wilkison, respecting certain words spoken by Thomas
Danforth or others in their hearing, to the effect that in New England
they were a free people, with whom the King had no concern
2 pp. Endorsed, " The persons herein named are ready to
depose the matter of fa.ct but nobody will take their deposition."
[Col. Papers, Vol. XLVIII., No. 1 16.]
595. The King to the Governor and Courfc of Massachusetts.
We have appointed Edward Cranfield Governor of New Hampshire,
and have instructed him among other things to help the neighbouring
Colonies, and in particular the Massachusetts, against any invading
enemy. We now instruct you to render the like assistance to him
in the like case. Memorandum. The like letter was sent to
Connecticut, Rhode Island, and New Plymouth. [Col. Entry Bk.>.
Vol. LXI.,pp. 130-140.]
B 2
260
COLONIAL PAPERS.
1682.
July 4. 598. Warrant for the delivery of a public seal for New-
Whitehall. Hampshire to Edward Cranfield. \Col. Entry Bks., Vol. LXVII.,
pp. 99, 100, and Vol. XCIX.,p. 164.]
Jmly 6. 597. Journal of Lords of Trade and Plantations. Mr. Secretary
Jenkins acquainted the Lords that they were summoned by the
King's particular order, on the receipt of letters from Virginia,
dated 25th May, addressed to the merchants of London respecting
the insurrection. A letter from Maryland (see No. 507) to the
same purport was read. Lord Conway informed the Lords that
the King had directed a frigate to be prepared forthwith to carry
Lord Culpeper to Virginia. Mr. Brisbane, Secretary of the
Admiralty, was called in, and said that the Mermaid frigate would
be ready in three weeks. The Lords not being satisfied, and
thinking that a ship should be ready sooner, order Mr. Brisbane
to acquaint the Admiralty that a ship is required with all expe-
dition, and to report how soon it will be ready. Captain Tyrrell,
of the ship designed for Virginia, is called in and asked how soon
he can be ready to sail. He says on Saturday se'nnight (15th),
if the necessary stores and guns are on board. Sir Richard
Haddock, Surveyor of Stores, promises that the provisions shall be
ready, and the Master of the Ordnance undertakes the like as to
the guns. Lord Culpeper is called in, and promises to be ready to
go on board at once. Asked what instructions he desires on such
an emergency, he asks that the merchants and planters of Virginia
now in London may be consulted, and proposes that he have special
orders to act on the clause of Order in Council of 17th instant
[sic, see 14th June, No. 561] as to measures for raising the price of
tobacco. The Lords agree to recommend that he be empowered to
pass an Act for the purpose. Lord Culpeper asks further that the
ship which carries him to Virginia may stay there, and that the
Norwich frigate may call at Virginia on her way home. The
Lords then agreed on their final report.
Sir Richard Button's speech to the Assembly and an Act of 29th
April fora levy read. The Lords are well satisfied with Sir Richard
Button's good service.
Petition of the Hudson's Bay Company read, praying for a
Royal declaration of their privileges against interlopers. Referred
to the Attorney and Solicitor General for their opinion as to the
legality thereof. [Col. Entry Bk., Vol. CVIL, pp. 35-40.]
July 6. 598. Minutes of Council of Jamaica. Ordered, to sue several
St. jago^ persons for arrears of quit rents ; that the Lords of Trade and
esa> Plantations be advised that the Receiver-General's accounts now
sent to them have inadvertently not been examined by the Deputy
Auditor ; that the Custodes Rotulorum of each precinct be required
to give the best account they can of fines and forfeitures therein ;
that no grant pass the Great Seal except through the Patent Office,
and other instructions be given to the Clerk of the Patent Office ;
that Captain Morgan's account for arrears, for which he produces
the Auditor's certificate, ba paid; that the Receiver-General be
AMERICA AND WEST INDIES. 261
1682.
careful to return 7ol. to Mr. William Blathwayt on account of
salary ; that the Attorney-General's fee for an ordinary grant be
ten shillings. Copy of Receiver-General's balance sheet. [Col.
Entry BL, Vol. XXX VI., pp. 3a-4a.]
July 6. 599. The Governor of New Providence to Sir Thomas Lynch.
Providence I write to congratulate you and to offer my services on your arrival
ls - ) ' at your former government; also to give you the following infor-
mation. The Spaniards have committed several robberies upon the
inhabitants of these Bahama Islands. First they took two vessels
without any provocation. Next there came in April 1G81 two
barque-longoes [barcos luengos] sent out from Panama by the
Governor and his accomplices the merchants, with orders to take all
the vessels they could, to land soldiers on this and other English
plantations, to plunder the inhabitants of goods and negroes and
return to Havana. This was confessed to me by oath on the Holy
Cross by an Alferes [Ensign] in their service who was taken
prisoner, also that they had taken two of our vessels, and several
of our inhabitants whom they had carried to Havana, where some
are imprisoned and others put to hard labour in a starving and
naked condition. They then pillaged a vessel of Carolina coming
to trade with us, but some vessels on our coasts prevented their
mischief for the present, and I have since procured assistance to
defend our coasts by making war against them and any other
pirates that invade us. Piracy is always unjustifiable and this
especially, since it is grounded on lawful authority given by the
Sovereign, as you may see by the enclosed copies. But if any under
my commission have acted with violence by sea or land towards
any Spaniards except pirates and robbers within the limits of the
Island, they may be prosecuted. I have often declared that if the
Spaniards come to prosecute their rights, justice shall be done
according to the King's laws, wherein I humbly ask for your advice
and assistance. Some here have been contemptuous and mutinous,
but by due process of law have been brought to submission ; against
others I have been obliged to use military force. I believe you are
well acquainted with the Disposition and rude behaviour of those
who call themselves privateers. Captain John Coxon being denied
a commission to take St. Augustine, Florida, went hence in contempt
of any orders and contrary to law and custom, carrying away some
persons that are indebted to the inhabitants. All that he did in
landing and plundering on Spanish territory was done by his own
power. I thought fit to inform you of this since I hear he is now
at Jamaica. Signed, Robert Clarke. \\ pp- Endorsed. Reed.
20 Dec. 1682. Read at Committee, Jan. 1682-83. [Col Papers,
Vol. XLIX., No. I.]
July 6. 600. Journal of the Assembly of Nevis. The offer of 160,000
pounds of sugar was disregarded by his Excellency (see ante,
No. 523). Petition of the merchants of Charlestown, representing
that they had for some time past paid one fourth of the levies
raised, and requesting two members in the Assembly for their
262 COLONIAL PAPERS.
1682.
town and their old privileges in choosing them, rejected. [Col.
Papers, Vol. XLVIIL, No. 79.]
July 6. 601. The Governor and Council of Nevis to Lords of Trade and
Nevis. Plantations. We hope that you will take away your reproof from
us for omitting to write to you quarterly. We do not meet,
sometimes, once within six months, and not once in twelve months
have we anything worth the writing. We now write to complain
of the insolent behaviour of Captain Billop of H.M.S, Deptford,
who in open Court, and often since to our faces, has accused us and
the jury of being enemies to the King, though for no better reason
than that he was called to account for plundering a captured
interloper. We trust that this calumny will not be believed. It
is something contrary to law to take away any man's goods
without the verdict of twelve men. We gave our vote for the
condemnation of the ship unanimously according to the Royal
charter and proclamation ; but by the insolence of Captain Billop
we were censured as little better than rebels. He is one of the
worse men we ever saw in the King's service and the most unfit
to continue in it. We beg that he may stand committed till he
make good his accusations against the Government or make
reparation for it. The report of the Commissioners and the de-
positions sent by Captain Jefferson will make him appear in his
colours perjured. Signed, Wm. Stapleton, Danl. Lanhather, John
Netheway, Jos. Jory, Ja. Russell, Wm. Burt, Charles Pym, Phill.
Lee. [Col, Entry Bk. t Vol. XLVII., pp. 53-54.]
July 6. 602. Report of the Commissioners appointed to inquire into
Nevis. the embezzlement of goods on board the ship Providence by
Captain Billop and the crew of H.M.S. Deptford. In obedience to
your Commission of 12th June we have inquired into this case and
examined witnesses. All evidence shows that the ship when
captured had on board of her 2,236 Ibs. of elephants' teeth, 1,680
Ibs. of copper, 1,544 Ibs. of redwood, 107 Ibs. of wax, and about
215 negroes, besides other cargo. All the goods and more than
half the negroes are missing. Captain Billop admitted that he
took some goods, but denies that he took negroes, but this denial
is disproved by the oath of other witnesses, who swear to the
disembarkation of slaves and goods, and to their sale for Captain
Billop. We find that these slaves were shipped off, though
Captain Billop's just share of them was 22 and no more. Signed,
Jno. Netheway, Charles Pym, Jos. Jory, Joseph Martyn. 3^ pp.
Endorsed. Reed. 20 Sept. 1682. Annexed,
602. I. Deposition of Richard Charles of the ship Providence,
taken 8th June 1682. 1| pp. Endorsed.
602. u. Deposition of John Berteene of the same, taken same
day. 1^ pp. Endorsed.
602. in. Deposition of Samuel Mulgrave of the same, taken
same day. 1 1 pp. Endorsed.
602. IV. Deposition of William Owen of the same, taken same
day. ] \ pp. Endorsed.
AMERICA AND WEST INDIES. 263
1682.
602. v. Deposition of Thomas Derrick of the same, taken same
clay. \\ pp. Endorsed.
602. vi. Deposition of Hugh McDaniel of the same, taken same
day. 2 pp. Endorsed.
G02. vu. Deposition of William Jefferyes of the same, taken 9th
June 1682. 1 pp. Endorsed.
602. vm. Deposition of Henry Hughes of the same, taken 9th
June. 1 p. Endorsed.
602. ix. Deposition of John Borgos of the same, taken 9th June.
lpp.
602. x. Deposition of Peter Howies of the same, taken 9th June.
Ik pp.
602. XL Deposition of Captain Christopher Billop of H.M.S.
Deptford, taken before Sir William Stapleton, 10th June
1682. 2 pp. Endorsed,
602. xir. Deposition of Richard Sharpey, carpenter of H.M.S.
De jit Ford, taken 10th June 1682. 2pp. Endorsed.
602. xin. Sir William Stapleton's Commission to John Netheway,
Charles Pym, and Joseph Jory and Joseph Martyn to
inquire into the embezzlement. Signed, Wm. Stapleton.
1 2th June 1682, I p.
602. xiv. Depositions of Richard Dodson and William Watkins
of the ship Providence, taken 13th June 1682. 1 p.
Endorsed.
602. xv. Deposition of George Nanton, Captain of the ship
Providence, taken 1 3th June. 1 p. Endorsed.
602. xvi. Deposition of Howell Brine, carpenter of the Providence,
taken 13th June. \p. Endorsed.
602. xvn. Deposition of William Cooke, chirurgeon of the
Providence, taken 1 3th June. | p. Endorsed.
602. xvur. Deposition of Peter de Graefs of St. Christophers and
of James Leblond, taken 13th June. 1 p. Endorsed.
602. xix. Deposition of Henry Dowdy of H.M.S. Deptford,
taken 1 3th June. \ p. Endorsed.
602. xx. Deposition of James Dudson, gunner of H.M.S. Deptford,
taken 13th June. \ p. Endorsed.
602. xxi. Deposition of Gabriel Clies of the Providence, taken
14th June. 2 pp. Endorsed.
602. xxii. Deposition of Robert Downing, cook of H.M.S.
Deptford, taken 14th June. p. Endorsed.
602. xxiii. Deposition of Elias Thomas of H.M.S. Deptford,
taken 14th June. 1 p. Endorsed.
602. xxiv. Depositions of Alexander Henderson and William
Hollister, taken 1 4th June. 1 p. Endorsed.
602. 3 xv. Deposition of Joshua Bull of H.M.S. Deptford, taken
14th June, i p. Endorsed.
602. xxvi. Deposition of Emanuel Brooke of the same, taken
14th June. \ p. Endorsed.
602. xxvu. Deposition of Edward Clark of the same, taken 14th
June. & p. Endorsed.
602. xxviii. Deposition of William Palmer of the same, taken
14th June. p. Endorsed.
264 COLONIAL PAPERS.
1682.
G02. XXIX. Deposition of Jenkin Thomas of the Providence,
taken 15th June. 1^ pp. Endorsed.
G02. xxx. Deposition of Dauiel Johnson, master of the sloop
Compliance, taken 15th June. ^ p. Endorsed.
G02. xxxi. Deposition of David Cosens, taken 19th June. p.
Endorsed.
C02. xxxii. Depositions of Captain Christopher Bradbury, John
Howell, Thomas Charme, Edward Bateraan, John Arthur,
and John Penny, taken in St. Christophers by John
Estridge on 2()th June 1682. 4 pp. Endorsed. [Col
Papers, Vol. XLVIII., Nos. 2, 2 I.-XXXIL]
[July 6.] 603. Abstract of the Depositions abstracted in the previous
number. 3 pp. [Col. Entry Bk., Vol. XL VII., pp. 55-57.]
July 7. 604. Sir William Stapleton to Lords of Trade and Plantations,
Nevif. With this will arrive the Commissioner's Report on the proceedings
of Captain Christopher Billop, with letters from myself and from
the Council. We met yesterday to hear what he had to say, but
he feigned to be unable to come ashore and kept us all night in
town though he was as well as any of us, as can be proved on oath
if required. I sent him a military order to come, since a civil one
in the King's name would not do, and by the advice of the Council
sent the Provost Marshal aboard to arrest him in case he refused to
come. I also sent Lieutenant-Colonel William Burt to see James
Dudson, the gunner of the ketch and a good artist, to take charge
of l;er. The Marshal, at Colonel Burt's request, took Billop's word
to appear next day, but in the night he got out of command,
though the ship is still in sight. What the meaning of this affront
and disobedience is I know not. I judge that he will go hence
without a letter to you or to the Admiralty. I beg that you will
do me justice against this man. His ill-be haviour cannot bs
paralleled. I never saw such contempt of a subaltern officer to
his superior. Signed, Wm. Stapleton. I p. [Col. Entry Bk.,
Vol.XLVlI.,pp. 57-58.]
July 7. 605. Governor Cranfield's receipt for certain papers, &c.,,
delivered to him. List of the papers, and a public seal in silver
for New Hampshire. Signed, Edw. Cranfield. 1 p. Endorsed.
[Col. Papers, Vol. XLIX., No. 3.]
July 8. 606. Duke of Albemarle to Lords Proprietors of Carolina.
Requesting them to seal the deeds for Mr. John Monk, and autho-
rising them to deduct his debt on account of the said John Monk.
[Col Entry Bk., Vol. XX., p. 209.]
July 10. 607. Sir William Stapleton to Lords of Trade and Plantations.
Nevis. I send additional evidence of Captain Billop's misbehaviour. I
beg your particular attention to the evidence of one Martyn,
master of a ship which came direct from Rochelle to Antigua
and which Captain Billop seized and relinquished in consideration of
the things that he took from her. I knowing nothing of it, and
AMERICA AND WEST INDIES.
265
1682.
July 10.
Nevis.
July II.
Whitehall.
July 11.
July 12.
July 13.
Martyn submitting no complaint, I could not right lain nor observe
the execution of the laws of trade. Since he carne out here Eillop
has acted more like a merchant, and sometimes more like a piratical
one, than a man-of-war or one that holds the King's commission.
I could overwhelm you with depositions, but I ask for justice only
for his disobedience. The first is proved under his own hand, the
second by the oaths of all of us, if required. The sense of his
affronts leads me to ask you to give us the sat ; sfaction of sending
him back to the scene of his crime from whence he ran away, even
though you order us to forbear severity towards him. I was
foolish enough not to bring him on shore though I had plenty of
vessels of twice his strength in the roads. Signed, Wm. Stapleton,.
[Col. Entry Bk., Vol. XL VII., pp. 58-59.]
608. Sir William Stapleton to Sir Leoline Jenkins. If I have
not written to you separately about Captain BilJop's business it is
because I know that you see the other letters that I write. Pray
stand our friend and have him remanded to this place where he has
acted more like a rebel than one of the King's captains. Holograph.
\ p. Endorsed. [Col. Papers, Vol. XLIX., No. 4.]
609. [Sir Leoline Jenkins ?] to Sir Thomas Lynch. You will
have received orders respecting the arrest of Captain Pain, late of
the ship Trompeuse. The French Ambassador now represents that
his accomplices are still in Jamaica, and though through the King's
absence I cannot give you the royal order, yet you will doubtless
comply with the Ambassador's wishes respecting these accomplices.
[Col. Entry Bk., Vol. XCIX.,p. 168.]
610. Minutes of Council of Barbados. Bill to encourage im-
portation of Christian servants read a second time and amended.
Bill for subjecting rents and profits of land and negroes to taxation
thrown out. Warrant for payment of money to Jane Baynes, and
to the gunners and matrosses of St. Michael's parish and Oistin's
fort. John Witham, Richard Howell, Edwyn Stede and Francis
Bond appointed to report on the case between Colonel Thomas
Colleton and the attorney of Sir John Roberts.
The Assembly brought up the expiring Acts which they had
passed, and the Bill for the importation of Christian servants with
a p iper saying how far they agreed with the Council's amendments.
The Governor thereupon ordered a conference. The Assembly
addressed the Governor as to the four-and-a-half per cent. duty.
Warrant for payment of six months' salary to gunner Samuel
Norris. Act for destruction of monkeys agreed to by the Assembly
and passed.
Warrant for payment of 40U. 10s. 8d. to Symon Cooper for
building the bridge in Bridgetown. The Governor sent back to
the Assembly the Bill to continue the former Militia Act and
refused to pass it, as it was continued for but six months. The
Assembly brought back the Act, continued for two years. Bill
for an imposition on negroes sold to foreigners rejected. Bill
266 COLONIAL PAPERS.
1082.
concerning tickets in the Secretary's office passed and sent to the
Assembly. The Governor's answer respecting the four-and-a-half
per cent. duty.
July 14. Warrant for payment of six months' salary to the matrosses of
St. Michael's town agreed to. Order for the Treasurer to pay all
moneys received for arms to a special account for the same. Bill
concerning tickets in the Secretary's office brought up by the
Assembly, passed and assented to. Tho Governor bade the
Assembly forthwith return to their house and make provision for
the safety of the Island. Address of the Assembly in reply. [Col.
Entry Bk., Vol. XL, pp. 537-546.]
July 11. 611. Journal of Assembly of Barbados. William Sharpe being
absent through sickness, Edward Littleton was chosen Speaker.
Supplementary Act to the Act for a levy read. Bill for
encouraging the importation of Christian servants returned by the
Council with amendments, also the Act appointing sale in open
markets, which latter was passed as amended. Bill for an im-
position on negroes sold here to foreigners read and reserved.
Address to the Governor, asking to be informed how matters stand
respecting the proposal to commute the four-and-a-half per cent,
for some equivalent duty.
July 12. Bill for imposition oa negroes sold to foreigners. Conference
with a Committee of Council on the Bill for encouraging impor-
tation of Christian servants.
July 13. Bill for encouraging importation of Christian servants passed.
Bill for an imposition on negroes sold here passed. The old
Militia Act returned from the Council, voted that it be revived
for two years. Act as amended read and passed. The Governor
answered respecting the four-and-a-half per cent, duty, that there
had been a conference between Committees of the Council and
Assembly on the subject last year, but that nothing had come of it.
Bill for ascertaining parish boundaries read twice.
July 14. Bill respecting tickets in the Secretaries' office with amendments
read and passed. Richard Guy appointed to confer with the
Council on the Act for importing Christian servants. Bill for an
impost on imported liquors read and referred to a Committee
of Richard Guy, Richard Seawell, Edward Littleton, Samuel
Husbands, William Foster, and John Davies. Supplemental Acts
for better governing of negroes, and for the levy on lands and
negroes read and passed. His Excellency having signified some-
thing of displeasure to the House, an address was sent to him,
pointing out that the House had passed more measures than any
other Assembly, and was ready to proceed with the Bill of Excise
whenever he appointed. Adjourned to 8th August. [Col. Entry
Bk., Vol. XIII., pp. 491-497.]
July 13. 612. Order of the King in Council. The Lords reported that
Whitehall, they had warned Lord Culpeper to be ready to embark on
Saturday the 15th instant for Virginia. Ordered accordingly
that he do not fail to embark on that day. [Col. Entry Bk.,
Vol. LXXXIL, p. 84.]
AMERICA AND WEST INDIES.
1682.
July 13.
Whitehall.
July 13.
Whitehall.
July 13.
Whitehall.
July 13.
July 16.
July 16.
Montserrat.
July 18.
Nevis.
613. Order of the King in Council. That the Captain of the
frigate which is designed to carry Lord Culpeper to Virginia
remain there with his ship in case of actual rebellion ; also that
the Norwich frigate be ordered to call at Virginia on its passage
home from Jamaica, and in case of actual rebellion then place
itself under Lord Culpeper's orders. On its departure tbe Norwich
is to bring away such warlike stores as Lord Culpeper shall send.
[Col. Entry RL, Vol. LXXXIL, p. 8,5.]
614. Order of tbe King in Council. Ordered that the warlike
stores that are needed in Virginia for the King's service be kept in
some secure place ; that such as are necessary for the inhabitants
be sold at reasonable rates, and the remainder sent home in. the
Norwich. [Col. Entry Bk., Vol. LXXXIL, p. 86.]
615. Order of the King in Council. Respecting the petition of
Thomas Henshaw and Lord Carlisle's creditors, ordered that the
Lords of the Treasury meet the Lords of Trade and Plantations
on Friday next to finish their report thereon (see ante, No. 28).
Endorsed, Eecd. 15 July. Read 21 July 1682. [Col. Papers,
Vol. XLIX., No. 5, and Col. Entry Bk, Vol. VII., p. 130.]
616. Draft of the foregoing, with draft of report of 21st July
on the other side. Endorsed, [Col. Papers, Vol. XL2X. } No. 6.]
617. Sir Thomas Lynch's instructions to Reginald Wilson, Naval
Officer of Jamaica. To execute his office according to the Acts of
Trade and orders from the Treasury ; to supervise the Collectors,
and show them all entries, bonds, &c. ; to transmit copies of all
entries, &c., to the Commissioners of Customs every six months ;
to keep entries of goods imported, and send an account to the
Auditor of the Treasury every year ; to give copies to the
Governor ; to supervise the collection of wine duties ; to seize
ships trading against the law, especially interlopers, and give
notice to the Commissioners of Customs of such as have escaped.
1 p. Endorsed. Reed. 2 June 1684. [Col Papers, Vol. XLIX.,
No. 7.]
618. Table of shipping arrived in the harbours of Montserrat
from 15th October 1681 to 16th July 1682. Fifty-five ships,
2 pp. Inscribed. Reed. 30 Sept. 1682. [Col Papers, Vol. XLIX.
No. 8.]
619. Governor Sir William Stapleton to the Lords of Trade and
Plantations. This is merely to beg you that one Mr. John Stone
may have the transportation of the three hundred malefactors to
St. Christophers. He will give good security for the same, the
prison fees being discharged by the King's order or yours. I
doubt not but that it will be effected to your content, for his
correspondent here has promised the same, Captain Jefferson,
whom I mentioned to your Lordships, being unwilling to advance
any money towards their transportation. Holograph. Signed. 1 p.
263
COLONIAL PAPERS.
1082.
Endorsed. Reed. 15 September. Bead 25 September 1682. [Col.
Papers. Vol. XLIX., No. 9, and Col Entry Bk,, Vol. XLVIL,
pp. 52-53.]
July 19. 620. Order of the King in Council. Referring the petition of
Windsor. Sarah Bland, praying for relief from divers sentences given
against her in the Court j of Virginia, to the Lords of Trade and
Plantations for their Report. [Cot. Entry BL, Vol. LXXXIL,
p. 87.]
July 19. 621. The Lords Proprietors of Carolina to the Duke of
Albemarle. We hear that you have granted to Mr. John Monk
of Knightsbere a thousand acres of land in Carolina, together
with help to transport his family and servants. Shall the money
(1501.) be deducted from your proportion as it comes due, for
Mr. Monk is anxious to send some before him to prepare for
him, and we wish to oblige him and you ? Signed, Shaftesbury,
J. Archdale. [Col Entry BL, Vol. XX., p. 205.]
July 20. 622. Minutes of Council of Jamaica. Robert Felgate, Sur-
st. Jago de la veyor-General, called in, declared himself unable to find the four
thousand pounds security required by the Act. Ordered that
Surveyors be appointed for every precinct. Adjourned sine die.
[Col. Entry Bk, Vol. XXXVI., p. 4.]
July 21.
July 21.
Whitehall.
623. Journal of Lords of Trade and Plantations. Petition of
Thomas Henshaw and Lord Carlisle's creditors read (see No. 28).
The Lords agree on their report (see next abstract).
The Lords agreed to recommend the King, in view of the state
of affairs in Virginia, to send out some fit person forthwith with the
necessary powers and instructions. [Col. Entry Bk., Vol. LXXXII.,
p. 84.]
Petition of Captain William Dyre read (see No. 591). The Lords
agreed on their report (see No. 642).
Petition of Sarah Bland read, setting forth the injury that she
had received from Colonel St. Leger Codd. The Lords agreed on
their report (see No. 625). [Col. Entry Bk., Vol. CVIL, pp. 40-42.]
624. Report of Lords of Trade and Plantations to the King.
W T e have considered the petition of Thomas Henshaw and Lord
Carlisle's creditors, together with the case of many other persons
who claim a debt from the four-and-a-half per cent, duty in the
Carribbee Islands. Besides their private claims we find this duty
already charged with the arrears of two foot companies and public
officers in your employ in these islands, so that for years to come
there will be nothing to spare beyond the yearly expense and
necessary support of the Government. 1 p. [Col. Entry Bk.,
Vol. VII., p. 131, and Col. Papers, Vol. XLIX., No. 6.]
July 21.
Whitehall.
625. Report of Lords of Trade and Plantations to the King.
On the petition of Sarah Bland we beg that you will admit her
AMERICA AND WEST INDIES. 269
1682.
appeal before your Majesty in Council. Signed, Arlington, Bath,
Craven, Radnor. [Col. Entry BL, Vol. LXXXIL, p. 88.]
July 25. 626. List of Acts passed by the Assembly of Barbados from
25th April to 25th July 1G82 :-
Act to continue an Act for the Militia.
Act for securing possession of negroes and slaves.
Act for a levy on lands and negroes to pay debts and provide
for the security of the Island.
Act to destroy wild monkeys and racoons.
Act appointing those who have rents and profits from lands and
negroes to bear a proportion of taxes.
Act concerning replevins.
Act appointing the sale in open market of effects seized for arrears
of Excise, &c.
Act for an imposition on negroes in Barbados sold to foreigners.
Act to encourage the bringing in of Christian servants.
Act to continue an Act for the better settlement of the Militia.
Act for the better regulation of the issue of tickets from the
Secretary's Office.
Act to supplement the Act for Ordering of Negroes.
Act for ascertaining the bounds of every parish, and of every
man's ground.
Act for settlement of the Militia.
[Col. Entry Bk, Vol. VII., pp. 145-146.]
July 29. 627. Instructions to Robert Lilburne, Governor of the Bahamas,
to arrest Robert Clarke and keep him in custody till he have given
security to answer accusations before the King and Council, i p.
Endorsed. Reed. 15 Sept. 1682. [Col. Papers, Vol. XLIX.,
No. 10.]
July 29. 628. John Jones to Sir Leoline Jenkins. You remember your
Virginia. early goodness to me, and how my ill-conduct rendered me
unworthy of your further cognisance of me. Thence my destiny
drove me to Virginia, where, in great slavery, I have served out
my time according to the custom of the country, and am now
married, with four small children. These latter have obstructed
my most longing desires to visit and pay my duties and respects
to my parents and relations, and in a word, without some
encouragement and help from them, I cannot do so. I have long
been sensible of my former faults, and I beg for your pardon. I
entreat you to favour me with a line in answer. " Your most
humble kinsman, John Jones." 1 p. Endorsed. [Col. Papers
Vol. XLIX., No. 11.]
July 29. 629. Commission to John Archdale to receive the rents due to
the Lords Proprietors in the Northern Province of Carolina. .Signed.
Craven, Shaftesbury, P. Colleton, Bath (for Lord Carteret). [Col.
Entry Bk, Vol. XX., p. IOC.]
270
COLONIAL PAPERS.
1682.
July 29.
Whitehall.
July 29.
July 29.
July 30.
The Downs.
July 31.
Virginia.
July 31.
[July ?]
630. [Sir Leoline Jenkins ?] to Sir Henry Chicheley. I am
ordered by the King to acknowledge your letter of 8th May, and
to tell you that he approves of your diligence in suppressing the
plant-cutting riots. He hopes you will soon have restored the
peace. [Col. Entry Bk., Vol. XCIX., p. 169.]
631. The same to Colonel Nicholas Spencer. The King takes
well your efforts in suppressing the riots in Virginia. [Col. Entry
Bk., Vol. XCIX., p. 1C9.]
632. The same to Sir Thomas Lynch. Sir Henry Morgan has
reported that four pirates have been condemned to death, of whom
one only appeared to be deserving of execution. You will cause
that one to be executed, and keep the other three in prison till
further order. [Col. Entry Bk., Vol. XCIX., p. 170.]
633. Governor Cranfield to Sir Leoline Jenkins. We put to
sea on Wednesday last, but were forced back by westerly winds.
I thought it my duty to inform you. Holograph. p. Endorsed.
[Col. Papers, Vol. XLIX., No. 12.]
634. William Ross to Sir Leoline Jenkins. Though unknown
to you, I have undertaken to recommend the enclosed to you, hoping
that this act of charity to one of your kinsmen will pardon me.
A line or two in answer will be a great encouragement to the
honest man and his family who really deserve it (see ante, No. 628).
i p. [Col. Papers, Vol. XLIX., No. 13.]
635. Journal of Lords of Trade and Plantations. The Lords
.met to consider concerning the quo warranto against the Bermuda
Company. Petition of William Righton read (see No. 638).
Petitioners called in and asked why their prosecution has been so
long delayed. They reply that the delays are due to the Company,
and engage that the Attorney-General i-hall be fully instructed
before Michaelmas next. They complained also of illegal warrants
issued by the Company of which they produced one. Mem. The
Lord President reported hereof to the King in Council on 3rd
August. [Col. Entry Bk., Vol. CVIL, pp. 43-44.]
636. Report of Lords of Trade and Plantations to the King.
The title of a large tract of land called the King's Province being
in dispute between Rhode Island, Connecticut, ?nd several persons
in New England, we recommend the issue of a Commission to Edward
Cranfield, YVilliam Houghton, Joseph Dudley, Edward Randolph,
Samuel Shrirnpton, John Fitzwinthrop, Edward Palmes, John
Pyncheon, jun., and Nathaniel Saltonstall, jun., to examine the titles
thereto and report. Edward Cranfield or Edward Randolph to be
always of the Quorum. Commission given in full. [Col. Entry
Bk. } Vol. LXL,pp. 140-142.]
Aug. 1.
Windsor.
637. Lord Conway to Sir Leoline Jenkins,
return the French and Spanish letters. The
I have received and
King saw no reason
AMERICA AND WEST INDIES. 271
1G82.
to give any orders in respect of them, excepting that in regard to
Virginia he took notice the country had been disturbed and
appeared to be calmed, and that it was necessary to hasten a
Governor over thither. Mons. Barillon had audience after me and
delivered three letters from the King, Queen, and Dauphin of Franco,
giving an account of the Dauphine's confinement. I suppose that
the Duke had the same account, for I hear that Lord Feversham
and Jemmy Grimes are to be going away in two or three days.
Holograph. Signed. 1 p. [Col. Papers, Vol. XL IX., No. 14.]
[Aug. 1.] 638. Petition of Nathaniel Smith and William Righton, for the
inhabitants of Bermuda, to Lords of Trade and Plantations. After-
many hearings at the Council Board the King granted a quo
warranto against the Charter of the Bermuda Company on 14th
November 1 679. By the delays of the Sheriffs of London and the
Company's standing out all manner of contempts, it could not be
brought to plead till Christmas Eve 1680, notwithstanding several
rules of Court setting them peremptorily days to plead, or judgment
to be entered against them for the King. In Easter term 1681 the
Company was ordered to rejoin, but found out delays till the end
of Midsummer term following, and then pretended that it had new
matter to plead. They had therefore respite given them by the
Court till Michaelmas 1681 , and then pleaded the general issue only.
The case standing thus at law, and over 300. having been spent in
prosecution, petitioners could not expect to be called upon for any
further prosecution, trouble, or expense until the term, at which time
they are resolved to proceed against the Charter according to law,
which the Company ought not to decline since it refused to be
determined by the King. Pray that since the King's order for all
parties to attend this day has wholly surprised petitioners and
their counsel your Lordships will appoint them a longer day for
preparation or leave them to the prosecution of the quo warranto.
Signed, Nathaniel Smith, William Righton. 1 p. Endorsed.
Reed. 1 Aug. 1682. My Lord President on the 3rd August informed
the King in Council that the petitioner had engaged that the
Attorney-General should be sufficiently instructed for the prosecu-
tion of the quo warranto in Michaelmas term. [Col. Papers,
Vol. XLIX., No. 15, and Col. Entry BL, Vol. XVIL, p. 98.]
Aug. 1. 639. Deposition of Samuel Couch respecting the seizure of the
ship Newbury at Boston. Inscribed in Edward Randolph's hand.
"A copy of the deposition above written sworn and produced in
Court. 1st August 1G82." 1 p. [Col. Papers, Vol. XLIX.,
No. 16.]
Aug. 2. 640. Further depositions respecting the seizure of the ship
Newbury, with copies of the attachment and execution. 3 pp.
In the handwriting of Edu-ard Randolph, and signed by him.
Various dates from 26th July to 2nd August. [Col. Papers,
Vol. XLIX., No. 17.]
Aug. 3. 641. Order of the King in Council. That a copy of the petition
Whitehall. O f Sarah Bland (see ante, No. 620) be sent to the Governor ar.d
272
COLONIAL PAPERS.
1682.
Aug. 3.
Whitehall.
Au<r. 3.
Aug. 6.
Plymouth.
Aug. 7.
Boston.
Council of Virginia with orders for Colonel St. Leger Codd and
Anna his wife to appear personally or by agent before the Board
of Trade and Plantations to receive the judgment of the Board on
the appeal of Sarah Bland. The Governor and Council will take
care that both parties give good security to make their appearance
as aforesaid, within six months of the notice hereof, before the
Board. [Col Entry Bk., Vol. LXXXII.,pp. 88-89.]
642. Order of the King in Council. Report of Lords of Trade
and Plantations. We have considered the petition of William Dyre
(ante, No. 591), and recommend that an advertisement be inserted
in the Gazette and be published in the Royal Exchange, and also
that notice thereof be sent to Southampton, to the effect that unless
Samuel Winder give security within one month to pursue his
prosecution next term, Dyre's bond shall be returned, and himself
set free to take his legal remedy. Signed, Arlington, Bath,
Craven, Fauconberg. 21st July 1682. Ordered accordingly.
Signed, Phi. Lloyd. Printed in New York Documents Vol. III.,
p. 320. [Col Entry Bk., Vol. LXVIIL, pp. 54-55.]
643. The propositions of Colonel Henry Coursey and Colonel
Philemon Lloyd, commissioned by Charles Lord Baltimore on
behalf of the King's subjects in Maryland and Virginia to treat
with the Sinodowane and Sniekes [Seneca ?] Indians. Made at
the Court House, Albany, 3rd August 1682. This document com-
prehends, (1) The speech of the Commissioners to the Indian*.
(2) The reply of the Sinodowannes and Sniekes, accepting their
proposals for renewal of treaty and for preservation of peace with
other tribes. (3) The speech of the Commissioners to the Maquas,
Onandagas, Oneydas, and Cayonges, rebuking them for their late
hostile inroads. (4) The replies of the several tribes, expressing
regret and promising to stop the outrages and keep the peace,
4th August 1682. The ivhole 19 pp. Copy certified by Robert
Burman. 13th August 1682. Endorsed, " Treaty of peace at
Albany between Maryland and the Indians." Printed in New York
Documents, Vol. III., pp. 321-328. [Col Papers, Vol. XLIX.,
No. 18.]
644. Governor Cranfield to Sir Leoline Jenkins. We left the
Downs on Thursday with an east wind, but before we had got the
length of the Start we were driven in hither. We wait only for a
fair wind to sail for New England, without touching at Fayal.
Holograph. Endorsed. [Col. Papers, Vol. XLIX., No. 19.]
645. Edward Randolph to Sir Leoline Jenkins. When I came
to this place in December last, armed with the King's letter and
my own patent as Collector, I had some confidence that such
documents would command respect. But the faction of which I
have so often complained has taken every opportunity to obstruct
me. First they set up a Naval Office without the Governor's
consent ; then they make out that they have a right to appoint
their own officers ; then they refuse to recognise the King's patent.
AMERICA AND WEST INDIES. 273
1682.
At their last County Court held in Boston on 25th July last, one
Isaac Evelich was permitted and even countenanced to bring an
action against Daniel Mathews, one of my deputy searchers, and
against others who assisted him to seize the ketch Ncwbury for the
King. In the declaration they call the seizure piracy. Mathews
produced my deputation in Court ; and my patent empowering me
to appoint deputies was read, but neither was allowed. One of
the assistants produced the Governor's warrant for his action. I
proved by good witnesses that the ship was engaged in illegal
traffic in wine, but to no purpose. The jury gave 307. damages
against Mathews, and he and his assistants are taken in execution
for the money. They hope to compel me to restore the ship, but
I have appealed in that case to the Court of Assistants. They
threaten to sell them [Mathews, &c.] out of the country, and other
persons who assisted at the seizure are warned out of Boston by
the townsmen. Some of the inhabitants have been forbidden to
entertain any of Randolph's rogues. I am again taxed towards
defraying the public charges, and daily expect my goods to be
taken out of my house and sold for payment, though I have showed
the Governor and some of the magistrates the Attorney-General's
opinion that they have no power so to do. As a new trouble I
hear that I am prosecuted by their Grand Jury for endeavouring to
subvert their government by writing and speaking against the
proceedings of the General Court. Several persons who gave me
information and helped me with seizures are so discouraged by
these unjust proceedings that I cm get no man to my side abroad
nor one to appear as evidence before a magistrate. I have sent the
Commissioners cf Customs full particulars and documents. Pray
remember the contempts of this Colony since the Restoration.
Nothing can do any good but a quo warranto. I have hitherto
with great difficulty and danger managed in my station. I now
impatiently await the effects of the King's justice on these opencon-
temners of his commands, and the welcome release of many hundred
loyal inhabitants from bondage in this place of pretended liberty,
both in their consciences and estates. To complain of this bondage
is death by their last law. No doubt the agents will extenuate
the complaint, and promise all obedience in future, but it is not in
the power of the Governor and the honest party to give the King
satisfaction, being out-voted by Danforth and his faction, so that
they would gladly be put in a better condition for their oath's sake,
as they are magistrates, and being under the great obligation of
church membership they durst not openly appear in it. No person
here can be a magistrate unless first a church member and chosen
by the freemen. No man can be admitted freeman without the
approbation of some of their ministers, who are most of them inde-
pendents and are encouraged by Nonconformists in England. This
the agents cannot deny, nor that those who have good estates would
rejoice to see a happy settlement of the Colonies under one Governor-
General. This is the only way to protect them in their rights and
properties. I must add that so long as the Government disputes
the Acts of Trade and the King's authority, no better success than
y 933C6. S
274 COLONIAL PAPERS.
16S2.
mine can be expected of me or of anyone else in my position. The
Commissioners of Customs are not recognised here nor several of
the Acts relating to trade. The King's patent creating my office
has not to this day been made public ; and the naval office is still
kept up though the Governor has never consented to it and hopes
to abolish it next General Court. Holograph. 2 pp. Endorsed.
[Col Papers, Vol. XLIX,, No. 20.]
Aug. 8. 646. Journal of Assembly of Barbados. The Committee
appointed to prepare a Bill for an imposition on wines reported
the same to the House.
Aug. 9. Bill for imposition on wines considered. Voted that a present of
1,500?. be given to His Excellency. Act for raising money for
fortifications read and passed.
Aug. 10. William Sharpe being sick, Christopher Codrington was chosen
Speaker. Ordered that Richard Guy, John Codrington, and Samnel
Husbands enquire into the gauge of casks. Committee appointed
to confer with a Committee of Council respecting the Bill for
raising money for fortifications. On their return the Bill as
amended was read and passed. Ordered that where the Treasurer
cannot obtain bills of exchange to remit money to England he may
advance for these bills as the price rules and receive allowance for
it out of other moneys. [Col. Entry Bk, Vol. XIII., pp. 497-
500.]
Aug. 9. 647. Minutes of Council of Barbados. The Assembly brought
up a Bill to raise money for the safety of the Island. The Governor
said he would issue his warrant for payment of money due to
Lieutenant-Colonel John Codrington for his care and charge in
keeping the magazine.
Aug. 10. The Bill to raise money read twice and amended; after which
the Governor appointed a conference between the two houses.
After conference the Bill was passed into Act. The Assembly
likewise brought up the Bill for the importation of Christian servants
which was read and passed into an Act. Order to the Treasurer
respecting Bills of Exchange. [Col. Entry Bk., Vol. XL, pp. 547-
550.]
Aug. 10. 648. Sir Henry Chicheley to the King. I gave you notice of
Virginia. our unhappy insurrection, which was timely put down by the
militia. The country is still a little anxious, but I hope that this
state may pass away. I shall take all possible pains for your
service. Signed, Hen. Chicheley. J p. Endorsed. Reed. 3 Dec.
1682. [Col. Papers, Vol. XLIX., No. 21.]
Aug. 10. 649. Sir Henry Chicheley to Sir Leoline Jenkins. I am afraid
Virginia, that I shall be greatly blamed for convening the Assembly when I
did without the advice of the Council. I did send to ask the
advice of Secretary Spencer who lives fifty or sixty miles from me,
but he was so ill with gout that he could not come to me, and I
was not well enough to go to him. The rest of the Council, with
AMERICA AND WEST INDIES.
275
1682.
Aug. 10.
Whitehall.
Aug. 10.
Aug. 12.
Virginia.
the exception of Major-General Smith and my sou Worraeley, lived
at as great or greater distances with sundry great rivers to pass, so
I thought it needless to send to them. I can hardly get them
together at public court times, and then they often keep me waiting
two or three days. Nor did I greatly contravene Lord Culpeper's
instructions herein, which empowered me to call an Assembly if I
saw fit. Former Governors had the same power, and in truth
I thought that the Council was a body whose advice might be
asked or not at discretion. Some of the Council say to my face
that I called this Assembly by advice of Major Beverley, who is
now in custody on suspicion of raising the late insurrection. They
resolve to keep him in close confinement, but so far can allege
nothing material against him except some idle words let fall in his
cups, on which occasion he is not compos mentis. I am sure his
behaviour in Bacon's rebellion was far better than that of the best
of his accusers. I thought right to bring this to your notice, for I
am sure he has been sufficiently blacked in England. I beg you
to make allowance for this poor country and my unhappy self.
Signed, Hen. Chicheley. 1 p. Endorsed, Reed. 3 Dec. 1682.
[Col Papers, Vol. XLIX., No. 22.]
650. Sir Leoline Jenkins to Lord Baltimore. The King
desiring to promote the trade of his subjects in these parts has
given Lord Culpeper, Governor of Virginia, instructions and full
power to pass such Acts as shall be thought conducive to the
welfare of that and adjacent Colonies. You will, therefore, on
his arrival consult with Lord Culpeper as to common action
in Virginia and Maryland respecting the planting of tobacco, either
by passing like Acts or otherwise. Draft. 1^ pp. Endorsed.
[Col. Papers, Vol. XLIX., No. 23, and Col Entry Bks., Vol. LIL,
pp. 81, 82, and Vol. XCIX.,pp. 171, 172.]
651. A page of the London Gazette, containing an advertise-
ment dated Whitehall, 9th August 1682, that unless Samuel Winder
appear within one month and give security to follow out his
prosecution against Captain Dyre, Dyre's bond shall be returned
to him, and himself set at liberty to take legal proceedings against
his accuser. The page is stuck on a sheet of paper, which is
endorsed with a precis. [Col Papers, Vol. XLIX., No. 24.]
652. The Secretary of Virginia to Sir Leoline Jenkins. We
are still a little anxious as to further trouble. All the plantations
are at this time of year flowing with cider, which is so uniquely
drunk by our licentious inhabitants that they allow no time for its
fermentation, but for their brain, stirring up disorders as it now
hath by reviving this extravagant and sick-brained tobacco-plant-
cutting [sic]. They pull up quantities at night and vow they will
destroy more, and if their power corresponded to their wish
they would doubtless do so. The public mind being evidently so
disturbed we move with great circumspection. It is plain that
Bacon's rebellion has left an itching behind it ; the lenity then
s2
27o COLONIAL PAPERS.
1C 82.
shown was not right for a country such as this, where great part
of the people are those spread forth from the better governed
portions of the King's dominions. Also our settlements are far
too much scattered. A standing guard of one hundred and fifty
to two hundred men would be the best means of securing this
government. Holograph. Signed, Nicho. Spencer. 1 p. Endorsed.
Heed. 24 Oct. [Col. Papers, Vol. XLIX., No. 25.]
Aug. 12. 653. Minutes of Council of Virginia. Proclamation declaring
unlawful assembly to cut, pull up, or otherwise destroy tobacco
plants, to be open rebellion. [Col. Entry Bk., Vol. LXXXIV.,
pp. 145, 156.]
Aug. 16. 654. Governor Sir William Stapleton to Lords of Trade and
Nevis. Plantations. I beg your indulgence for not answering earlier to
your letter of 5th March. The reply depended mostly on answers
from the other Islands, whose officers are so slow and negligent
that unless I go to them for the purpose, as I am forced to do at
great expense once or twice a year, I may expect an answer from
Europe sooner than from them. No sooner is my back turned on
them, especially on Antigua, than everything is forgotten. Thank
you for representing the arrears of our pay, now running into the
fourth year. Our neighbours are never two months in arrear. I
I shall apply the 7501. of the fort money which we have received
to the objects directed by you, as far as it will cover them. To
make the passing of Acts alike in all the Islands, I hope to meet
a General Assembly of two or three of the Council and the like
number of the representatives of each Island at Antigua in
November next. My reasons for believing that the Act of extent
impeded the settlement of Antigua was because it discourages trade.
Many considerable adventurers from London and elsewhere have
sent their factors there, and converted their employers' goods into
acquisitions of plantations and slaves, by which means ships went
home empty. I could give many more reasons, but they ara now
superfluous, for the last time I was there I passed the Act herein
enclosed, which will avert such inconveniences. I have several
other Acts which I cannot send until they are drawn up according
to your orders. I have already had a refusal of a perpetual
pecuniary law, for the people love to be courted, and to have a
precarious government ; but I shall not fail to prepare the measure
at the next Assembly. The Commissions of Oyer and Terminer
are and always have been issued under the hand of the Com-
mander-in-CMef. I know nothing of the Act of Montserrat to
which you refer ; it must have been sent inadvertently. All fines
and forfeitures are, by Acts passed since my time, applied to the
King's service in some form or other, but for the future shall be as
you direct, in terminis. Those that are past their labour are
sometimes fined, and those that are not [fined] have wives and
children. I plead not at all for single men fined (sic). After the
hurricane season I propose to go or send others against the
Indians, but I want a vessel of countenance in case of meeting
AMERICA AND WEST INDIES. 277
1682.
with any of our neighbours' men-of-war, who have not been
wanting to affront the King's flag when they durst, both at sea
and ashore. Mons. Gabaret is in these parts with four men-of-
war. He passes the hurricane season on the Spanish coast ; I
expect him at St. Christophers in October, when Count de Blenac
returns to Europe. Holograph. Signed. 2 pp. Endorsed, ivitk
a long precis. Reed. 27th. Read 28th October lf>82. [Col. Papers,
Vol. XLIX., No. 26, and Col. Entry Ilk, Vol. XL VII., pp. 63-66.]
(Aug. 16.] 655. Particulars of the guns mounted in Fort Charles, Fort
James, and Fort Rupert, Port Royal ; thirty-eight in the first,
twenty-six in the second, fifty-two in the third, 1 pp. En-
dorsed. Reed, from Sir Thos. Lynch, 16 Aug. 1682. Copy sent
to the Master of the Ordnance, 13 Jan. 1683. [Col. Papers,
Vol. XLIX., No. 27.]
Aug. 17. 656. The Fundamental Constitutions of Carolina. One hundred
and twenty-five articles. This is the third set of constitutions
(see ante, No. 496). [Col. Entry Bit., Vol. XXI., pp. 47-64.]
Aug. 18. 657. Minutes of Council of Barbados. The Assembly, at the
Governor's suggestion, brought in an Act supplemental to the Act
for raising money, increasing the salary of the Treasurer appointed
thereunder. The Act was thrice read and passed. [Col. Entry
Bk., Vol. XL, p. 550.]
Aug. 18. 658. Journal of Assembly of Barbados. Ordered, that the
allowance to the Treasurer under the Act for raising money for the
fortifications be raised to 8 per cent. Bill to supplement that Act
read and passed. Adjourned to 3rd October. [Col. Entry Bk.,
Vol. XIII., pp. 500, 501.]
Aug, 19. 659. The King to Lord Baltimore. We think that the boundary
Windsor. between your land and William Penn's cannot by any method be
so certainly effected as by an admeasurement of two degrees North
from Watkins' Point, the express South bounds of your patent, and
already so settled by Commissioners between Virginia and Maryland.
We recommend William Penn to your friendly offices herein, and
would have you as soon as possible set down your northern
boundary with him by an admeasurement of the two degrees
granted in your patent, sixty English miles to a degree, from the
southern boundary of Maryland as already settled. Countersigned,
Conway. [Col. Entry Bk., Vol. XCIII., pp. 168a, 169.]
Aug. 24. ^ 660. Journal of Lords of Trade and Plantations. Sir William
Stapleton's letter of 18th June read (see No. 572). The Lords agree
to recommend that the pay of the captain and ship's company of
the Deptford be stopped, and to put it to the King whether Captain
Billop should not be recalled.
Petition of the Governor and Company of Massachusetts to the
King read (see No. 662) ; after which their agents Joseph Dudley
278 COLONIAL PAPERS.
1682.
and John Richards were called in, who assured the Lords of the
submission of the Colony and were ordered to bring in this day
week an account in writing of their compliance with the King's
various orders.
Sir Thomas Lynch's letter of 12th June read (see No. 552).
Governor Robert Clarke's commission to the pirate Coxon read.
Ordered that the Proprietors of the Bahama Islands attend this
day week to answer for the proceedings of their Governor. Sir
Thomas Lynch to be informed of all proceedings.
Petition of Peter Pain of the French ship La Trompeuse read,
together with Sir Henry Morgan's pass for delivery of the ship to
one of the King of France's agents (see Nos. 365, 366). Copy of
the letter to be sent to the Commissioner of Customs. [Col. Entry
Bk., Vol. CVIL, pp. 44-50.]
Aug. 24. 661. Report of Lords of Trade and Plantations to the King.
Council We have received from Colonel Stapleton the report of the capture
of an interloper by the ketch Quaker [Deptford], and of the sub-
sequent embezzlement of her cargo by the captain, together with
an abstract of the depositions of witnesses concerning the same.
We recommend ftiat the Commissioners of the Admiralty be
ordered to stop the pay of Captain Billop and his men until they
have made satisfaction. We submit it also whether the captain
deserves to continue in your service, and whether he should not be
at once summoned home to answer these charges. Draft. 1| pp.
[Col. Papers, Vol. XLIX., No. 28.]
[Aug. 24.] 662. Petition of the Governor and Company of Massachusetts
Bay to the King. We are deeply grateful for the favours of your
father and yourself, by the sense whereof we are the more deeply
concerned lest through any administrations of ours and mis-
representations of others the same should be changed towards us.
We beg you therefore to consider that the difficulties of settling a
wilderness may have occasioned some irregularity of law among
*..<. us, which arose not from pride but from inadvertence. None the
less we crave pardon and promise adherence to our charter in
future. We have sent over Joseph Dudley and John Richards for
our Agents, who will tell you what we have done to alter the laws
objected to by your law officers. We also send an address from
the inhabitants who live within the compass of Mr. Mason's
pretended claims, which claims appear to them to be very un-
reasonable. We therefore pray for their security against the said
Mason. We also humbly represent that our purchase of Maine
was made, not to keep the province out of your hands, but for the
good of your subjects. We beg your favourable consideration
hereof. Signed, Simon Bradstreet, Governor of the Massachusetts
Company. 1 p. Endorsed and inscribed. Reed. 24th August
1682. From the Agents. [Col. Papers, Vol. XLIX., No. 29, and
Col Entry Bk., Vol. LXI.,pp. 143-145.]
[Aug. 28.] 663. Petition of James, Earl of Doncaster and Dalkeith.
Piaying for a grant of Florida, Cape Florida, and Guiana, to
AMERICA AND WEST INDIES. 279
1682.
himself and heirs, on condition of settling the same. Subscribed,
Order of the King in Council. Whitehall, 28th August 1682.
Referring the above petition to Lords of Trade and Plantations
for report. Signed, L. Jenkins. Endorsed. Presented by Sec.
Jenkins, 31st Aug. 1682. Read Sept. 12 3 1682. Enclosed,
663. I. A further explanation in nine heads of the particulars
of the territory and of the Government, f p. [Col.
Papers, Vol. XLIX., Nos. 30, 30 L]
[Aug. 28.] 664. Petition of Abraham Langford to the King. Petitioner
having had long experience of the West Indies was asked by the
Spanish Ambassador to undertake a command for clearing the
French out of Hispaniola, but would not accept it, as your Majesty
disapproved. You granted petitioner, however, the Patent of
Clerk of the Naval Office of Barbados, to which he has appointed
his son as deputy. Prays grant of the office to that son after his
own death. On the margin. Mem. The petitioner is dead since
this petition was drawn. His Majesty will remember him if he be
told that this was the man who prosecuted him with the Guaicum
powder. Below. A reference of the petition to the Lords of Trade
and Plantations for their Report. Whitehall. 28th August 1 682.
Signed, L. Jenkins. The whole a copy. 1 p. Endorsed. [Col.
Papers, Vol. XLIX., No. 31.]
[Aug.] 665. Petition of George Warburton of Gray's Inn, gentleman,
to the King, for the post of Clerk of the Naval Office of Barbados,
vacant through the death of Abraham Langford. 1 p. [Col. Papers,
Vol. XLIX., No. 32.]
Aug. 29. 666. Sir Richard Duttori to Lords of Trade and Plantations.
Many thanks for your favourable representation of my services to
the King. It would kindle me to further efforts, but my health is
much impaired by the heat, and owing to the daily struggle with
business, I have not had a day's perfect health since my arrival
This sickness grows on me and I have asked for three or four
months' leave in the spring, which will restore me. Meanwhile, I
report current business. The establishment of the Court of
Exchequer has had a very good effect, and has eased the Govern-
ment much, without a penny of expense to the King. For instance
I lately by accident recovered some papers of account by which I
was enabled to charge one Colonel Codrington, the principal man of
the faction here, with having received, during his Deputy-Governor-
ship in William Lord Willoughby's time, several sums due to the
King and unaccounted for either to him or Sir Jonathan Atkins.
My small experience of the world tells me that the same methods
that are used against a mutineer in a regiment or army may be
employed in part against an incendiary in a State, namely, quickness
and resolution in apprehending both. As to execution, the cases
differ, for the soldier's often admits of no delay, while the other
may have time to obtain mercy. I have in some measure been
quick to strike at the head of a factious party, and have been as
280 COLONIAL PAPERS.
1G82.
successful as ever I had anticipated. It makes the hearts of the
factious to ache to see the most popular man in the Assembly in
trouble. 1 caused the Attorney-General to lay an information in
the Court of Exchequer against him as a debtor to the King ; and
on a trial by twelve indifferent jurymen, a verdict was given against
him and judgment passed for 5791. 10s. Od. due to the King. I
have sent a full account of the trial to Mr. Blathwayt, so shall not
repeat it here. When judgment was passed Colonel Codrington
produced an account that the King was in his debt over 1,200?. for
money laid out for the public during his Deputy-Governorship, and
prayed that it might be audited by the King's auditor. This was
granted ; but the auditor made his return according to the verdict
of the jury. He then addressed himself to me, and received the
answer that if he had disbursed any money by the King's order or
for the King's use, the Lords of the Council or the Treasury would
produce them, and that I should do him justice ; but that I could
not remit a penny of what was duly recovered without the royal
order. This proceeding has been of great benefit. You know how
long I have struggled with an obstinate and perverse people, and
now I have good reason to hope that I have entirely conquered.
They are now fully satisfied that I shall not loose one punctilio of
the royal prerogative, nor one penny of his rights. I have always
been tender not to invade their just rights, and more I will not
grant them. So that contrary to my expectations they presented
me last week with a Bill for an import upon liquors and some other
commodities, but would not give it the title of an excise; for
that is a thing which they have opposed for years to the great
dishonour of the King and detriment of the country, and the same
reason that urges them to it now should have been doubly cogent
with them before. I told them, however, that before I would assent
to it, they must concur with me in two things : first, as to the form,
that it was to be granted to the King according to the style of
enacting laws is England ; second, as to the time, that I could not pass
it for less than one whole year. To my great surprise they frankly
yielded both points, and gave me a present of 1,500L out of
the money raised by the Bill, telling me that they were sorry for
miscarriages in the past and would be found very dutiful in future.
I answered that I would judge their intentions not by their words
but by their deeds. I am well assured that Colonel Codrington
was the principal mover of this Bill and of its passing through the
Assembly. Since then he has been with me, and promised com-
pliance with my orders in future ; and he begged that I would
implore your intercession with the King for the remission of this
great debt, else his family will be ruined. I recommend him, as a
hearty penitent, to compassion, and have suspended the issue
of execution against him till I hear of the King's further
pleasure.
As to your order to submit the names and characters of men
suitable for Councillors, I beg that I may do so by word of mouth,
as I hope to return home shortly. I have sent to Sir Leoline
Jenkins the names of two persons that I desire may succeed me
AMERICA AND WEST INDIES. 281
1682,
in case of my death, viz., John Witbam and Edwyn Stede, both
men of loyalty, integrity, and zeal for the Church and fit for all
commands but the military. I hope that the King will appoint
but one at a time, Mr. Witham first, and the other to succeed in
case of his death. William Lord Willoughby, returning home
on leave once, left three deputies behind him, which made great
confusion. You refer to a letter instructing me how to govern
myself if the Leeward Islands should go to war with the Indians,
but no such letter has reached me. It long seemed to me strange
that in this Island, where there are so many rich residents, there
should be no monument of any one man's charity. I find on
inquiry that there are many considerable charitable legacies lying-
in the hands of various persons of which no account has been
called for for ten or twenty years past, to the great discouragement
of others who are deterred from making charitable bequests by
seeing the rich alone profit thereby. I issued a Commission to six
or seven able men who, I knew, had no part in the concealment
of these funds, to inquire into all pious and charitable donations,
examining witnesses and juries, and, as they made full discoveries
of any, to decree them. They have been so diligent that in a
month's time I shall have a full account and return from all the
parishes, and doubt not to recover four or five thousand pounds in
money, which will be decreed by the Commissioners. I shall then
take all imaginable care that the money shall be applied according
to the intentions of the benefactors. This proceeding has
encouraged two gentlemen to give 1,000?. to build a free school,
and for the maintenance of six poor boys. In October I hope to
review the whole of the Militia. They are now clothed like the
King's army in red coats, black hats. I intend, at the same time,
to model the horse and reduce half of them to dragoons, which
would be of far greater use to the Island in case of real need. I
have also prevailed with the Assembly to give l,OOQl. to buy land
and build a magazine, and I hope also a State-house, and this at
their own charge and not the King's, a thing unheard of before.
5 pp. Unsigned. Endorsed with a long precis. Reed. 7 NOT.
Read, 25 Nov. 1682. [Col. Papers, Vol. XLIX., No. 33, and Col.
Entry Bk., Vol. VII., pp. 133-140.]
Aug. 29. 667. Sir Richard Dutton to [Secretary Sir Leoline Jenkins].
I send the names of two gentlemen to succeed me in the case of
my death. They should not be appointed simultaneously (see
preceding abstract). Mr. Witharn is a man of great ability to
manage all the civil government, but he is unacquainted with the
military part, or he would be a wonderful Governor. However,
he is as good in this respect as any one else in the Island, for there
is not one person of quality who has ever served in any army, and
I have put the Militia into such order that he will have little to
dp during my absence except to obey the instructions that I shall
give him. I write with great difficulty, being indisposed by the
great heat, which takes my strength and stomach from me.
Holograph. Signed. 1 p. [Col. Papers, Vol. XLIX., No. 34.]
282 COLONIAL PAPERS.
1682.
Aug. 29. 668. Sir Thomas Lynch to Lords of Trade and Plantations.
Jamaica. J have written to you twice since my arrival, and several times to
Mr. Blathwayt. This may not be satisfactory, but I have been
sick, ever since T entered the tropics, and am still ill and afflicted
with giddiness in the head, which renders me not so " recollected "
as I ought to be when I write to you. I have sent you an account
of our military stores. The forts we have inspected and found in
bad condition. Part of Fort Charles I have ordered to be pulled
down, and battlements to be raised with brick. The new powder-
house is repairing, and new wheel-carriages making, and stone is
sent for from England to lay the platforms, which are rotten in all
the forts and lines. When this is done and Fort Charles made as
strong as possible, and another line built under it to the seaboard
of Port Royal, the fortification will be very strong. When the
violent heats are over I intend to order a muster of troops and
regiments, and send you an abstract of their rolls, which are not so
full as heretofore. We have lost many men by the sallies of the
privateers, and few or no servants come from England, They
write that my Lord Chief Justice will permit none to come, though
they are willing and go to acknowledge it before the Magistrate
as the law directs. I wish you would move him to be less severe
to us, for those idle people do mischief in London, and would do
good here. As I have already written, I know not what to say to
the laws, but, since they are before you, I beg your instructions.
Possibly, when the Assembly meets on the 21st of next month, I
may hint to them how necessary and reasonable it is to amend the
Act of the Revenue, and, if they ask my opinion, shall give it
frankly, that the laws will not pass. For the King cannot in
honour pass a body of laws so tacked [to a money Bill] contrary
to all reason and precedent, nor in prudence can he allow of
Assemblies not summoned by himself or his Governors. Com-
missions of that nature have been fatal at home, and may be
inconvenient here in time, though I believe not. The people are
well enough disposed, but by letters from England and evil designs
here have been spirited into extraordinary distrust* and jealousies.
So I conclude that they will do nothing till they hear from you,
and but little after. I shall obey your orders exactly on all points,
but must presume to say that the more latitude you give me the
more service I shall be able to do the King, and the sooner I shall
settle the people. You judged rightly for the King's honour that
no short Bill of Revenue should be accepted, but, with your leave,
I think a perpetual one against his interest. For, without their
Act, I doubt not to find enough, after some considerable time, to
pay the Governor, Chief Justice, and Auditor-General. As to the
fortifications and other contingencies, they are the Island's concern
and must be neglected at its peril. I hope shortly to give
you an account of the Revenue, though imperfect, for either
embezzlement or bad methods makes the Collector unwilling, and
the Deputy-Auditor unable, to put the accounts into order. The
Collector is aggrieved, and says he has passed them to the Council
and therefore they ought not to be inspected. His unwillingness
AMEEICA AND WEST INDIES. 283
1682.
has made me give positive orders that the books, or copies, be given
to the Deputy-Auditor, who is to examine everything since Lord
Vaughan's time, and to report first to me and the Council, and
afterwards to the Auditor-General in England. I told the Collector
I understand the method to be this : It is his duty to receive all
the revenue, whether the King's or raised by the country; and
this money, being issued out by the Governor or Governor in
Council, he is to submit, as all accountants in England do, to the
audit and examination of the King's Auditor-General, who brings
it to us, and afterwards remits it to you and to the Treasury twice
a year. This method will inform your Lordships, ease me and
secure him, for I suppose he can have no quietus but from the
Lords of the Treasury. I am writing to them for their opinion
on this method. I have ordered the Clerk of Council to send you
by next conveyance the Minutes of Council from 14th May last to
14th instant, and to transmit the rest (which has been omitted)
according to your order. The officers all regret writing so much,
but your Lordships shall be obeyed, and for the future the copies
shall be sent more frequently. No accounts of land taken up or
of quit-rents can be had of the Surveyor-General, for you will see
by the Acts of the Council that the office is suspended. The
Assembly having imposed security of five thousand pounds and
allowed but twopence an acre fee, and some of his deputies having
been dishonest, he acquiesced in our orders. So I am now appointing
Surveyors to the different provinces under oath to do their office
faithfully, and under security of three hundred pounds. The
country is mightily eased and satisfied by this constitution. When
the Council meets, I intend to propose the appointment of
Collectors for the King's quit-rents in every parish, for the
Receiver-General has done nothing, nor can he, for the Island is
great, and the poor cannot come to Port Royal or St. Jago to pay.
Many have great arrears, and use all tricks to put off payment.
There is abundance of land that cannot be discovered by one at a
distance, nor can one man account with all the Island. But I
intend that an intelligent man in every precinct shall, by the
records (which are imperfect), the vestries, the surveys, and the
neighbourhood, discover every parcel of land, and bring it to a
rental within two or three years' time. Now nobody can guess
what it is. The Collector must be content that these persons
receive the ten per cent, he expects till ordered otherwise by the
Lords of the Treasury, to whom I shall report when we come to a
final resolution. I mention so much now that you may see that
nobody can now guess what the King's rents and other dues are,
though I hope that, when faithfully collected, they will prove not
inconsiderable. In obedience to your orders I have given the naval
officer instructions to send you copies of shipping, exports, imports,
fec., every six months. You will find these returns considerable, for
there is a great trade here. Much cotton, sugar, indigo, &c, is made
in the Island, and there are hopes of vast quantities of cacao in a
few years. We consider some land in St. George's on the north
side so proper for it that it will not blast (sic). If we are right,
284 COLONIAL PAPERS.
1682.
five hundred pounds' expensa will raise more than five hundred
pounds a year.
We have much money, and a great quantity of hides, cacao, &c.,
imported by our trading sloops. We have about twenty of these,
from fifteen to forty -five tons; they are built here, admirable
sailers, well armed and treble manned, some carrying twenty or
thirty hands, who receive forty shillings a month. They carry
from here some few negroes, and dry goods of all sorts, and sell
them in the islands, and all along the coast of the Main in bays,
creeks, and remote places, and sometimes even where there are
Governors, as St. Jago, St. Domingo, &c., for they are bold where
they are poor. But at Carthagena, Portobello, Havana, &c., the
Spaniards admit no one. This trade were admirable were we not
undersold by great Dutch ships that haunt the coast of the Main
and islands, and were we not fearful of pirates, which is the reason
why the ships are so strongly manned. These and other expenses
and hazards carry away much of the profit. This trade employs
all the privateers that are come in, and would bring in the rest had
I your Lordships' order to connive at it. I beg you therefore to
give it me if you think it reasonable.
I have had dreadful apprehensions of Governor Clarke's letters
of marque, so on my arrival sent you the commission he gave
Coxon, who cam* in and lived honestly under Lord Carlisle's or
Sir Henry's Act of Oblivion. That Governor has since sent me the
clause in the Lords Proprietors' patent, which he thinks justifies
his illegal commissions. I send you not only his letter, commission,
and the clause, but my answer, which may possibly be judged
too aigre or imperious, considering him as an independent
Governor and preacher, but I hope that it may stop his granting
these commissions, which might ruin us before you could give any
orders thereon. Besides, these Bahama Islands were once under this
Government and must return to the King's, or they will remain
nests of robbers. Since I wrote to him, his most considerable
subject, a Quaker, tells me that the first outrage was done by his
order, and by his subjects, on a Spanish barque that came to fish for
silver at the wreck. They still continue at it, and often get ten
or twelve pound weight a man, mostly by the ingenuity of a
Bermudian, who has a tub that he puts perpendicularly into the
sea so that it does not fill, but he can put his head into it when
he wants breath, by which means he stays three-quarters of an hour
under water. I have forbidden our cutting logwood in the Bay
of Campeachy and Honduras, your Lordships having justly declared
that the country being the Spaniards' we ought not to cut the
wood. There is not the least pretence or reason for it. It
is now become a greater drug than fustic, and is almost all
carried to Hamburgh, New England, Holland, &c., which injures
us and the customs and trade of the nation. I have, therefore,
sent to order the men up, and to tell them that I permit no more
vessels to go that I can hinder. We have lost abnndance of men,
and suppose two or three hundred of them to be now in Yucatan
and Nueva Espana. I have had a lamentable petition from some
AMERICA AND WEST INDIES. 285
1682.
of them, and a young fellow the other day gave me the narrative that
I now send (see ante, No. 385). I gave him no favourable answer,
for I could not seem to encourage unlawful acts, and I think that
what is done against the Spaniards is to our own prejudice.
However, I think that the men should not be made slaves, and
that the capitulation at Trist should be kept. When I have a
frigate or other ship and the season is fitting, I think of sending
to Vera Cruz ; but the simple and short way is for our ambassador
at Madrid to procure an order for their delivery and send me an
authentic copy, or they will pretend that they can do nothing
without an order from Spain. Among abundance of irregular
patents lately passed I send you copy of one that grants to
Mr. Powell, the Deputy Secretary, and to two idle surveyors, all
the mines that chance to be discovered for twenty years, for no
consideration but a tenth. Lord Carlisle had an instruction
to lease the mines which made Sir Henry Morgan think he might
do this. It seems to me the only expedient to make people conceal,
or, at any rate, never search for ore, and may occasion great
disorder and vast prejudice to the King if anything should be
discovered. I have ordered your letters to me and to the Council
to be recorded, and, when our affairs are more settled and my
health better, I will answer as well as I can your many queries.
A week ago a ship of the Duke of Courland's arrived with his
agent, Mons. Hesselberg, the master and all the seamen being
English. They came from Tobago which the Duke pretends to
own, and to settle, it should seem, with English subjects ; for this
ship was in distress at BB [Barbados], and there found credit for
five hundred pounds to fit her out. Thence she went to Tobago
with one hundred and thirty-five English passengers. She was to
load wood and return thither for more, but was driven here by
bad weather, where, as she has no credit, she must be laid up and
sold. They tell me some letter of the King's procured them credit
and favour at Barbados, which I wonder at, for every new colony
is a prejudice to the King, and his subjects settled there are lost.
Tobago is but forty-five leagues south-west of Barbados, and if a little
settled and secured it will be sufficiently supplied by the Dutch,
who can sell European goods thirty per cent, cheaper than we and
will pay dearer for American goods. So that this Island will
supply Barbados with sloops, and ruin the trade with England. The
neighbourhood of Statia, Saba, Curagoa, and the French Islands to
our Leeward Islands has done the customs and trade of England much
hurt. Our French neighbours will not hurt us that way, for they are
the most " rapinious and unpracticable" people of that nation. They
have piratically taken two or three of our vessels and a sloop the
other day, but the ship stopping at Petit Guavos to deliver a letter
was confiscated. TLc French are settled all round Hispaniola, but
thinly, and plant only tobacco. They intend cruising chiefly,
and are so mated that one stays and plants while the other goes
abroad to seek booty. I cannot speak certainly of their numbers,
but reckon them about three thousand. If they take St. Domingo,
in a short time they will ruin the West Indies and us. I have
286 COLONIAL PAPEKS.
1682.
already suggested that it would be well to find out whether the
French King allows these commissions. Shortly before my arrival
the ship Trompeuse, belonging to the King of France, sailed hence.
She came laden with clayed sugar, and was brought by one Paine.
He pretended he was a Protestant and come to settle, that the
goods were his own, and that the King had security in France for
his ship. Believing this, they let him unload and sell his cargo
custom free. Two merchants, Mr. Banks and Mr. Ward, hired the
ship and sent her to the Bay of Honduras to load logwood, sail for
Hamburgh, and then be delivered to the French Agent. A French
pirate hearing of it followed her in a sloop, invited first the master
and the mate aboard him, and then sent and seized the ship. He
has carried her to some creek or bay where he is fitting her for a
man-of-war. I hope this may be the last we hear of the Governor's
intriguing us in disputes with the King of France, which I think
was very ill considered. By my former report of two of our sloops
being taken and their men murdered by pirates you will judge it
necessary to have a frigate here. If one is not come I hope you will
move the King to send one ; otherwise we can neither awe the pirates
nor check the interlopers. Last week came into port one Daniel,
who had landed one hundred and twenty negroes to eastward. I
sent to seize the ship, but they say he came to me under twenty-
four hours after he landed the negroes. The Royal African
Company's factors would not seize, because they have a great trial
going forward this sessions and most people judge that the}^ will
be cast. I fear judges and jury will not allow seizure after the
negroes are landed and marked, and the property has changed
hands. I have done and shall do my best to serve the Company,
but if the interlopers cannot be brought into the Admiralty-Court
nothing more can be done here than in England or Barbados. I
suppose that is the reason why they have a frigate there. We want
a frigate for both pirates and interlopers. They tell me there are
seventy interlopers on the coast of Africa. Their " opiniatretie " is
extraordinary and may choke the charter or hurt the Royal
Company, but it will not harm the King's customs or English
trade, for every negro's labour that produces cotton, sugar, or
indigo is worth twenty pounds a year to the Customs, and four
times as much in the case of cacao, if it keeps up its value.
Moreover, it is impossible to hinder the importation of negroes, for
the Island is large and slaves as needful to a planter as money to
a courtier, and as much coveted. I think the Company has
imported about fifteen hundred since I came, which were scld for
ready money in a day ; and many men that had money went away
without any slaves. Holograph. 13 pp. Endorsed ivith a long
precis. Reed. 20 Dec. 1682. Read 18 Jan. 1682-[3]. [Col Papers.
Vol. XLIX., No. 35, and Col. Entry Bk. f Vol. XXX., pp. 78-91.]
Annexed,
668. I. Sir Thomas Lynch to the Governor of New Providence. I
have received yours of 10th July, with Coxon's commis-
sion, and the clause on your Lords' charter that seems, in
your opinion, to justify the letter-of-marque. In my
AMERICA AND WEST INDIES. 287
1682.
opinion it does not justify it, and I say so frankly because
you desire my advice, and it is for the King's service and
your safety that you be not deceived on so arduous a
point as that. I do not presume to judge what the King
has granted to your Lords, nor can any one well do so on a
particular clause without seeing the whole charter, for such
clauses are often explained or retrenched by what
precedes or follows. If you have been injured, and your
Lords have given you instructions to do yourself right
on the Spaniards or the King's allies, contrary to the
conditions which the King has sworn, which oblige us
to complain to London and Madrid before letters-of-
marque are to be granted, then they must know that the
King has alienated his sovereignty, and that they can
answer it by law. You may thus believe yourself
sufficiently justified and be safe in following their orders,
but not in expounding their charter after such a manner.
For, even if you have a power against pirates and
savages that may attack you, it will hardly be concluded
in England that the Spaniards are such, particularly when
it is known that your Islands are peopled by men who
are intent rather on pillaging Spanish wrecks than
planting, that they carry on their work by Indians
kidnapped or entrapped on the coast of Florida, and that
all the violence you complain of arises only from disputes
about these wrecks, from which the English and French
have driven the Spaniards contrary to natural right.
For the sea ought to be free and the wrecks are the
Spaniards'. I have not heard that Coxon landed
anywhere. He came straight here to deliver me your
commission, which I have thought it my duty to send
to the Lords of Trade and Plantations, for I believe
the granting of such commissions by any subject are
contrary to treaty, prejudicial to the commerce of
Europe, and ruinous to the King's colonies. We know
what slight papers the French call commissions of war,
and as slight may serve our privateers to make another
sally as fatal to themselves and others as these late ones
have been. Nor do I understand how you came to give
such a commission to any of the King's subjects under
this Government without taking the usual security to
ensure compliance and respect. I know not how you
will account for this omission, but I am sure you will
not be so ill informed as to think that one who lately
pretended to be a General in the South Seas [Coxon]
would go hunting a barco luengo in the Bahama Shoals.
I fear that in England they will rather suppose you
intended to make your Gorernment a Tortugas, for
certainly all the pirates in the Indies are now lying in
your latitude. Yet I do not suppose that the King
meant to give Havana any more than Mexico or
288 COLONIAL PAPERS.
1082.
St. Augustino'n to your Lords Proprietors. Nor do I
think that you intended to grant commissions which
might bring such evils in their train. Let me therefore
advise and desire you to grant no more till the King makes
you a judge in your own case, or the Lords instruct you
to take satisfaction or levy war as you see convenient.
Above all, give no commissions to men of this Island, for
our laws will judge it piracy, which maybe prejudicial
to you as well as fatal to them. They are far from
respecting your commissions, for Coxon, seeing that I was
amazed and angry at him, said that, if I pleased, he
would fetch you to answer for it. I checked him, as
you may believe, for I knew nothing of you or your
Government more than your letter tells, nor do I pretend
to do more than is for the King's service, wherein I
expect you to join me. Copy. 2^ pp. Endorsed.
Kecd. 20th Dec. 1682. Read Jan. 18, 1682/3. [Col.
Papers, Vol. XLIX., No. 85 i.]
668. II. Commission of Robert Clarke, Governor and Captain-
General of the Bahamas, to John Coxon, to make war on
the Spaniards of Cuba, St. Augustine, and others. Copy.
3 pp. Endorsed. Reed. 20th Dec. 1682. Read at
Committee, Jan. 18, 1682/3. [Col. Papers, Vol. XLIX.,
No. 35 II.]
Aug. 29. 669. Sir Thomas Lynch to Secretary Sir Leoline Jenkins. I
Jamaica, have written at large to the Lords, so shall not write to you. But
next week I shall do so lest the former letter miscarry. I hope
you will interpret favourably, and consider that affairs here are in
that kind of posture a more capable man could hardly say more of
them than I. Holograph. 1 p. Endorsed. [Col. Papers, Vol.
XLIX., No. 36.]
Aug. 29. 670. Answer of the Agents for the Massachusetts to the King's
letters. Letter of 24th July 1679 requires, that agents be sent over
in six months ; that freedom of conscience be given to membews
of the Church of England ; that all other sects, Papists excepted, be
subjected to no penalty or incapacity ; that all freemen rateable at
ten shillings be capable of the magistracy. Answer. The Agents
have been delayed by the dangers of the sea, and by want of money
owing to expense of the late war. Anglicans lie under no dis-
abilities by law or usage, and there is now no law against dissenters
but what is consonant to the law of England. There is no distinction
in making of freemen except that prescribed by the King, and all
laws contrary to that practice are now repealed .Also, in obedience
to the King's order, the ancient number of eighteen assistants has
been restored ; all officers take the oath of allegiance ; all com-
missions and writs run in the King's name ; all laws inconsistent
with the laws of England have been abolished. The same letter
complains, that while Mr. Gorges's complaint was yet before
Council, the Company purchased the province of Maine. Answer.
AMERICA AND WEST INDIES. 289
1682.
The families in Maine settled there in 1640, buying out the Indians ;
they invited us to extend our government to them owing to their
intestine divisions. As to the allegations that we have laid a
severe hand on the province, we can make no answer as no
particulars are given. We spent 10,000. in the defence of Maine
in the Indian war. Mr. Gorges claimed the province on a dormant
patent, and we gave him 1,250Z. for his title solely for the benefit
of Maine. The King requires a reassignment of the province on
repayment of the money ; but what assignment can we give of
benefit to any assignee but such as is unlawful, and must defeat
our charitable purpose towards Maine ? Lastly, in respect of that
portion of New Hampshire three miles northward of the Merrimac,
we withdrew all our commissions as ordered by the King.
The King's letter of 13th September 1680 complains, that the
instructions in his last letter have not been carried out, that agents
had not been sent, and that Mason's claim to New Hampshire had
been reserved for consideration till their arrival, and orders that
the Agents shall come with full power to attend the regulations of
New Hampshire and show the Company's claims thereto. Answer.
The delay in the departure of the Agents was not due to disloyalty
but to the wish to proceed with satisfaction to ourselves. We
believe that the claims to New Hampshire are now ordered to
be tried on the spot. For the rest, we Agents are here, and the
remainder of the King's orders have been carried out. The King's
letter of 21st October 1681 complains, that Mr. Randolph was
unable to do his duty as attachments were granted against him
and his officers for executing the same, and that when he prosecuted
offenders he was obliged to deposit security ; that appeals to the
King in the matter of Revenue were refused, and that the Company
had seized the moiety of fines and forfeitures due to the King.
Answer. Mr. Randolph's patent was duly recognised and enrolled ;
no suit against the King's officers has been countenanced but such
as in our best judgment was necessary to protect subjects against
vexatious proceedings ; security and costs were only asked for
extraordinary trials out of term ; if all matters may be referred
indifferently to England on appeal it will be a great hardship to
those concerned owing to the distance. The same letter requires
Agents to be sent over ; that Mr. Randolph shall be supported in
the executions of his duty ; that restitution be made of all money
levied on the King's officers ; that an account be presented of all
forfeitures ; that all Trade Acts be put in execution; that breaches
of the same may be prosecuted without charge to the King's
officers as in England. Answer. We agents are here ; Mr. Ran-
dolph is supported ; no money was taken from the officers except
for extraordinary trials and tins being now distributed cannot be
recovered ; there have been no forfeitures of ships or goods ; but
when there are, account shall be given ; the Acts of Trade are all
in execution, and the practice as regards officers is the same as in
England. We hope that the question of appeals may be reconsidered.
6 pp. Arranged in parallel columns of the King's letter and the
y 93366. T
COLONIAL PAPERS.
1G82.
Agent's answers. [Col. Papers, Vol. XLIX., No. 37, and Cot
Entry Bk., Vol. LXl.,pp. 152-163.]
Aug. 31. 671. Duplicate copy of the answers of the Agents for the
Massachusetts, as in preceding abstract. A separate column is added
with the heading " Proofs," containing references to laws, and
frequently "This the Agents know to be true." 7 pp. Inscribed.
Ulto. Aug. 1682. [Col Papers, Vol. XLIX., No. 38.]
[Aug. 31.] 672. A short account of the particulars wherein the King has
at divers times required the compliance of the Massachusetts Bay,
with several instances of their late unwarrantable proceedings.
Letter of 28th June 1062. Ordered That all laws derogatory to
the King's Government should be repealed, that the oath of
allegiance should be administered, the administration of justice
should be carried on in the King's name, that freedom of conscience
should be granted, and all sects admitted to vote for election of
officers. At a Committee of 27th July 1677 the Agents were
acquainted that the King's pardon must be asked for coining
money, that the Acts of Trade should be observed, that laws
repugnant to the laws of England should be repealed, that their
principals should be informed of these orders, and that no laws
concerning trade should pass without the King's sanction; that no tax
be raised but in the King's name, and that the existing practice of
swearing all persons to be true to the Government be abolished.
At a Committee of 2nd August 1677 the agents were told that their
principals had no right to levy money upon those who traded with
them. At a Committee of 8th April 1678, notice was taken of the
encroachments of Massachusetts on New Hampshire, Connecticut,
and Plymouth, and the former instructions, wherein nothing had
been done, were repeated to the Agents. At a Committee,
18th April 1678, the Agents were informed that the King was
much offended that the oath of fidelit y to the country had lately
been renewed. Letters of 24th July 1679, 20th September 1680,
and 21st October 1681 (see ante, No. 264 T.) Mr. Randolph
complains in his last letters that Mr. Danforth had made a faction
against him, and denied his right to seize ships, that a naval office
has been erected in opposition to the King's, that some of the
Acts of Trade have been excluded from execution, that he has to
give security to answer damages before trials, that he is not
allowed to see the clearings of ships, that notwithstanding his
appeals ships are allowed to go away without giving security to
stand a further trial, and that generally he is obstructed in
all parts of his office. Finally, there is the case of William Kelso
(see ante, No. 441). 6^ pp. Endorsed. Read 31 August 1682,
and again 30 May 1683. [Col. Papers, Vol. XLIX., No. 39, and
Col. Entry Bk., Vol. LXI., pp. 145-1 51.]
Aug. 31 673. Journal of Lords of Trade and Plantations. An abstract of
the King's orders to Massachusetts was read (see preceding abstract),
after which their Agents were called in, and delivered a paper
AMERICA AND WEST INDIES. 291
1682.
concerning the proceedings of the Massachusetts, which being read,
they were ordered to produce proofs of their statements. Asked
whether they have brought any powers or commissions as directed
by the King, they say no, but that they doubt not that whatever
the King commands them, will be dutifully obeyed. Also they
have instructions, though not in a shape fit to be presented to the
Council, which they are ready to show to Secretary Jenkins.
The commission given by Robert Clarke to Coxon, the pirate,
was again read, when Lord Craven, one of the proprietors of the
Bahamas, reported that they had already sent orders for Clarke's
arrest.
Lord Doncaster's petition for a grant of Guiana and Florida
read.
Secretary Jenkins presented the petition of Abraham Langford
(see No. 664). The Lords direct the order concerning offices in
Barbados to be produced next meeting. [Col. Entry Bk., Vol. GVII.,
pp. 50-52.]
Aug. 31. 674. William Blathwayt to Lord Craven. I enclose copy of a
Whitehall, commission, and also of a letter from my Lords, with several heads
of inquiry, to which no answer has been yet returned. Draft. 1 p.
Annexed,
674. i. Governor Robert Clarke's commission to Captain John
Coxon [the pirate] to suppress privateers on the coast of
the Bahamas. [Col. Papers, Vol. XLIX., Nos. 40, 40 i.]
[Aug. ?] 675. The King to Sir Richard Dutton. Has granted Sir Peter
Colleton two years' further leave of absence from attendance at the
Council of Barbados from 28th October ensuing. [Col. Entry Bk.,
Vol.XCIX.,p. 173.]
Aug. 676. Memorandum. That Lord Culpeper, in August, received
a copy of the Order in Council of 3rd November 1680, forbidding
Governors to leave their Governments from England without leave.
[Col. Entry Bk., Vol. LXXXII., p. 87.]
Sept. 2. 677. A. de Cardonnel to Captain William Dyre. I received
Southampton, your letters and have delivered them. That to Doctor Speed, mayor
of this town, was delivered on the 28th ultimo, who told me that he
knew nothing of what had passed concerning Mr. Winder, not being
then in town, but that he would speak to the deputy mayor, before
whom these things were transacted, and tell you what he knew.
Signed, Adm. de Cardonnel. 1 p. Endorsed. Reed. 4 September
1682. Answered. [Col. Papers, Vol. XLIX., No. 41.]
[Sept. 7.] 678. William Blathwayt to Sir Leoline Jenkins. Lord Culpeper
this morning sent me a warrant for passing his Commission as
Governor of Virginia under the Great Seal, adding that he was n&t
willing to be put to any expense for passing it. I conceive that in
this way it will be delayed beyond the day fixed for his departure,
which is to-morrow se'nnight. I thought it my duty to inform you,
T 2
292 COLONIAL PAPERS.
1682.
for it is necessary not only for the Commission to pass at once but
for provision to be made to defray the expenses. Holograph. I p.
[Col. Papers, Vol. XLIX., No. 42.]
Sept. 8. 679. William Blathwayt to Robert Bertie. I enclose copy of a
Whitehall. p ass given for the French ship La Trompeuse, to be delivered to
the Commissioners of Customs (see ante, No. 459), requesting that
nothing may be done contrary to the Acts of Trade in the disposal
of the ship. \ p. Draft. Inscribed and endorsed. [Col. Papers,
Vol. XLIX., No. 43, and Col. Entry Bk., Vol. XXX., p. 73.]
Sept. 8. 680. The Governor and Council of Barbados to Lords of Trade
Barbados., and Plantations. Forwarding quarterly return of the Council's
transactions and of imports. Signed, Hi. Dutton, Fra. Bond,
Robert Davers, Richard Howell, J. Peers, Edwyn Stede, Henry
Walrond, Jno. Witham. $p. Endorsed. Reed. 26 Feb. 1682/3.
[Col. Papers, Vol. XLIX., No. 44, and Col. Entry Bk., Vol. VII.,
p. 182.]
Sept. 11. 681. Minutes of Council of Jamaica. Ordered that Francis
St. Jago de la Hickman, Clerk of the Patent Office, give security for three hundred
ega * pounds for due execution of his office. Letter of llth October
1681 from Lords of Trade and Plantations read. Agreed that since
the Receiver- General has for five years failed to give an account of
the King's quit-rents, the work should be done by collectors. The
Receiver received time till next Session of Council to prepare his
answer hereto. Francis Hickman gave in his security as ordered.
Ordered, that if there be sufficient money in the Treasury, the
Auditor-General shall have his salary of 150?. for the year ending
Michaelmas next ; also that Sir Thomas Lynch receive six months'
salary. Edward Yearnans, Provost Marshal, produced his accounts.
Order for money to be paid him toward the building of the gaol.
Order for Reginald Wilson, Deputy Auditor-General, to inspect
the records. [Col. Entry Bk., Vol. XXXVI., pp. 6-6a.]
Sept. 11. 682. Resolution of the Governor of Jamaica in Council. On
St. Jago de la the question whether the King's Receiver-General could make a
Vega> true rental of the King's quit-rents, Agreed that since, in spite of
frequent orders, he has not done in the last five years, the duty shall
more properly be done by the collectors in each precinct. Signed,
Rowland Powell. Copy. % p. Inscribed and endorsed (see ante.
No. 668). [Col Papers, Vol. XLIX., No. 45.]
Sept 11. 683. Order of the Governor of Jamaica in Council. That
St. Jago de la Reginald Wilson, Deputy Auditor-General, have at all times free
Vega> v access to all records relating to the King's revenue from the date
of Lord Vaughan's departure to the present time. Signed, Thomas
Lynch. Countersigned, Rowland Powell. \ p. Copy. Endorsed
(see ante, No. 668). [Col Papers, Vol. XLIX., No. 46.]
Sept. 12. 684. Journal of Lords of Trade and Plantations. A copy of
the proceedings of the Court Martial held on Captain Billop on the
AMERICA AND WEST INDIES.
293
1682.
8th instant, was presented to the Committee and the sentence was
read viz., that he is acquitted of embezzlement but guilty of coming
home without orders, and therefore remains in custody of the Marshal
of the Admiralty during the King's pleasure. Agreed to move the
King not to release Billop till the further information promised by
Sir William Stapleton shall arrive.
The petition of Abraham Langford (see No. 664) to be referred
to Sir R. Dutton for report.
Lord Doncaster's petition read and reserved for further con-
sideration.
The Lords were informed that the Agents for Massachusetts had
brought such proofs as they could produce, which were very
unsatisfactory. Secretary Jenkins also read an abstract of their
instructions. The Agents were called in and asked if they had any
power or commission to consent to the regulation of their Govern-
ment, and having none were told the Committee could not enter on
the discussion of such matters in default thereof. The Lords agreed
on their report (embodied in Order in Council of 20th September,
see No. 697).
Memorandum of letters sent and received. [Got, Entry BJc,
Vol. CVIL, pp. 59^-59.]
685. Minute of Lords of Trade and Plantations. Recording
their decision in the case of Captain Billop (see preceding A bstract).
1% pp. Endorsed. [Col. Papers, Vol. XLIX., No. 47.]
686. Minute of Lords of Trade and Plantations. On the petition
of Abraham Langford (see ante, No. 664), their Lordships think
fit that in view of the Order in Council of 20th October 1680, a
letter should be sent to Sir Richard Dutton with a copy of the
petition, directing him to report whether the naval office of Barbados
may not be executed by Langford's son, and that he be continued
in the place till further order. 1 p. Endorsed. [Col. Papers.
Vol. XLIX,, No. 48.]
Sept. 12. Duplicate copy of foregoing. [Col. Papers, Vol. XLIX., No. 49.]
[Sept* 12.] 687. Memorandum of the action taken by the Lords of Trade
and Plantations in their report of 24th August and resolution of 12th
September (see Nos. 661, 684). In the handwriting of William
Slathwayt. 1 p. [Col. Papers, Vol. XLIX., No. 50.]
Sept. 12.
Whitehall.
Sept. 12.
Council
Chamber,
Sept. 12.
Whitehall.
688. [Sir Leoline Jenkins? to Sir Richard Dutton]. Your
actions and addresses are very acceptable to the King and the
Committee, and it is a great satisfaction to me that you have
acquitted yourself so well in so important a post, though I am
sorry that your salary should be so much in arrear in so expensive
a place. Your care of the church is very much remarked by the
Bishop of London and all good men, and your zeal for justice and
authority has pleased the King. I have twice approached the King
about your leave of absence, but he did not then approve of it.
He finds it very necessary for Governors to be at their posts in
such critical times. He has sent out Lord Culpeper in spite of
COLONIAL PAPERS.
1682.
Sept. 12.
H.M.S.
Diamond,
Bay of Bulls.
considerable and pressing business here. Take care of your health,
for so valuable t man as you is not often met with, and let me
hear from you as often as you can. [Col. Entry Bk., Vol. XGIX.,
pp. 174-175.]
689. Captain Daniel Jones to [William Blathwayt]. I arrived
on 23rd August, and my orders are to sail on the 1st September,
so I have not had time to give so full an account as I could have
wished. I enclose your bonds. None violate the rules of the
Western Charter so much as the New England traders, who spirit
away the inhabitants, to the mischief both of adventurers and
planters. I myself saw one who came into St. John's with eleven
hands and was sailing out with twenty. I forced him to put the
extra men ashore, and took bonds from the New England traders.
The English fishing has been indifferent this season, 150 quintals
per boat, not comparable to the reported French catch. Without
better government the Colony will come to an end ; all is confusion
till the man-of-war comes. Signed, Danl. Jones. 1 p. Endorsed.
Reed. 17 October 1682. Annexed,
689. I. Bond- of John Sawley to carry no English subjects
from Newfoundland. Signed and sealed and witnessed.
8 September 1682.
689. II. Similar bond of George Snell. 7 September 1682.
689. in. Similar bond of Thomas Harvey. 7 September 1682.
689. IV. Similar bond of William Pepperill. Same date.
689. V. Account of the inhabitants of Renooze, Firraooze, Aqua
Port, Ferryland, Capeland Bay, Cape Broil, Breacaes by
South, Renouse. In tabulated form. Total families, 37.
Men, 519 ; women, 32 ; children, 38. 1 p. .
689. VI. Account of the fishing ships, with their names, masters'
names, port of register, crews and boats. Belonging to
St. John's, 20 ships. Petty Harbour, Bay of Bulls, and
Whittley's Bay, each 2 ships ; Bay of Verds, 3 ships ;
Old Pertican, 2 ships ; New Pertican, 3 ships. 1 1 pp.
689. vii. List of sack-ships laden in the different harbours.
St. John's, 34 ; Petty Harbour, 3 ; Bay of Verds, 5 ; Old
Pertican, 7 ; New Pertican, 2 ; Bay of Bulls, 4. 2 pp.
689. VIII. List of boat-keepers. In St. John's Harbour, 45 ;
Petty Harbour, 2.
689. IX. Account of planters in the various harbours :
St. John's
Cinttee Wittee
Petty Harbour
Bay of Bulls
Bay of Verds
Old Pertican
New Pertican
Silly Cove
Hans Harbour
Hearts Content -
Trinity Harbour -
pp.
230 men, 23 women, 3 children.
120
2 ,;
3
68
6 ,
2 ,
96
7 ,
7
110
4 ,
9
170
3 ,
,
45
)>
1
3
50
2
12
15
>
1 ,
15
11
j>
>
2 ,
1 '^
2,
O r
AMERICA AND WEST INDIES. 295
1682.
689. X. Summary of the foregoing in tabular form. 2 pp. [Col.
Papers, Vol. XLIX., Nos. 51, 51 i.-x.]
Sept. 12. 690. Reasons of appeal in the case of the pink Good Hope,
handed in by Edward Randolph at the Court of Assistants, 12th
September 1682. The document is dated 29th September, evidently
by mistake for 9th. 1 p. In Randolph's handwriting. Endorsed.
{Col Papers,Vol. XLIX., No. 52.]
[Sept. 14.] 691. Articles of high misdemeanour exhibited against Richard
Waldern, Richard Marty n, and John Gillman of New Hampshire,
by Robert Mason. 1. All three oppose to the utmost of their
power the King's commission of September 1679 for the establish-
ment. 2. They took upon themselves to be of the Council without
taking the oaths. 3. They have denied appeals to the King. 4.
They have disowned the King's sovereignty. 5. Waldern vilifies
the government of England. 6. He has spoken disrespectfully of the
Royal authority. 7. He has said to some who were for petitioning
the King, " What ! you would have a King I will be your King."
8. Going to Boston in March last when the Assembly was met to
send Agents to England, he reported that the King was dead, whereat
the deputies thought that they need not send Agents to England.
9. In 1677 he treacherously invited the Indians to settle near him,
seized them all, hanged seven, and sold two hundred for slaves,
which led to the massacre of many Englishmen. 1 p. Endorsed.
Reed. 14 Sept. [Col. Papers, Vol. XLIX., No. 53.]
Sept. 14. 692. Captain Wrenn, R.N., to William Blathwayt. I arrived
H.M.s. on the 12th, and expect to sail very soon, so have not had time to
Ba ^BuUs sen( ^ *ke boats out to explore. H.M.S. Diamond was here three
Newfoundland, weeks before, so I presume that Captain Jones has given you the
information desired. Signed, Ra. Wrenn. p. Endorsed
[Col. Papers, Vol. XLIX., No. 54.]
Sept. 14. 693. A. de Cardonnel to Captain William Dyre. In compliance
Southampton. w ith your desire I showed Dr. Speed your letter, but he answered
as before, that, not being in town, he knew nothing of the
transactions against Samuel Winder, so I went to the Deputy
Mayor, who gave me this short account enclosed, which is all that
he says he can give. So far as I remember it was in February or
March last. Winder has not been here since. Signed, Adm. de
Cardonnel. 1 p. Endorsed. Reed. 15 Sept. 1682. Enclosed,
693. I. Certificate from the Deputy Mayor of Southampton.
That Samuel Winder was accused of infamous conduct
to a maid of repute, and for satisfaction promised to give
her five pounds, and not having the money was arrested,
but made his escape. Signed, Cor. Smith, De. Mayor.
Scrap. Endorsed. Reed. 30 Sept. 1682. [Col, Papers,
Vol.'XLIX.,Nos. 55, 55 i.]
Sept. 15. 694. Patent granting to Rowland Powell, Andrew Patten, and
John Drury, all mines of gold and silver in Jamaica that may be
296 COLONIAL PAPERS.
1682.
discovered within twenty-one years, on payment of one-tenth of the
ore. Signed, Dereham, Roger Elletson, Attorney-General. Copy.
I p. Endorsed. Reed. 20 Dec. 1682. Read at the Committee.
24 Jan. 16*82-83. Referred to the Attorney-General (see ante,
No. 668). [Col. Papers, Vol. XLIX, No. 56.]
[Sept. 16.] 695. The Earl of Doncaster to Lords of Trade and Plantations.
As my petition (see ante, No. 663) is under consideration, I
explain that by Florida I mean only such portions as are actually
settled, or can justly be claimed. For the Spaniards can hardly
claim the whole country in virtue of two small castles. ^ p.
Endorsed. Reed, from the Earl of Doncaster, 16 Sept. 1682. [Col.
Papers, Vol. XLIX, No. 57.]
[Sept.] 696. Lords of Trade and Plantations to the King. In respect
to Lord Doncaster's petition (ante, No. 663), we think that it is
not convenient for you to constitute any new propriety in
America, nor to grant any further powers that may render the
plantations less dependent on the Crown. [Col. Entry Bk., Vol.
XCVIL,p. 84.]
Sept. 20. 697. Order of the King in Council. That the Agents for the
Massachusetts not having brought sufficient powers do forthwith
procure sufficient powers from their Government to agree to the
regulation thereof, and to consent to such matters as shall be judged
necessary, failing which a new quo warranto shall be brought
against the charter on the first day of Hilary Term next. [Col.
Entry Bk., Vol. LXI.,pp. 166-167.]
Sept. 21. 698. Edward Randolph to Governor Bradstreet. Thank you
for speaking to the gaoler on behalf of my deputy, Daniel
Matthews. I am not, well enough to wait on you, and am therefore
compelled to write to you that last night my security was offered
for my deputy's true imprisonment, but the answer was that by
law two persons must engage for that. I can offer no more than
I have already. By the Act of the 14th of the King such deputies
may plead the general issue, and all judges are ordered to accept
the same. I do not press for this enlargement on my own security
to be granted by your sole act as Governor (though in such
matters you are a free agent), but I ask you only to communicate
this paper to the Council at their next meeting. One of those who
acted with me is very sick, and Matthews has suffered much from
his imprisonment ; if anything happen to them their lives must be
accounted for. Enlargement and compensation for false imprison-
ment is the least amends that can be made them, but, if that be not
granted, I hope that my security may not be denied. Copy by
Randolph. 1 p. [Col. Papers, Vol. XLIX., No. 58.]
Sept. 21. 699. Sir Thomas Lynch 's speech to the Assembly of Jamaica.
There is little for you to do, and but for your own Act, which
enjoins your meeting annually and sitting for ten days, we should
hardly have convened you now. We have not called a new
AMERICA AND WEST INDIES. 297
1682,
Assembly, believing that the country could not make a worthier
choice of representatives than yourselves. Moreover, it is you that
have passed the laws which we hope will be a Magna Charta to
us and a limit to myself and all future Governors, so that if they
require amendment it is fittest that you who have had the charge
and trouble of raising this great structure should have the thanks
and glory of finishing it. Being called by the King's writ you are
not dissolved by a change of Governors, and are therefore a lawful
Assembly. I think it right to mention this, though I believe you
are too wise to raise such nice points. Now, though I have no
direct message from the Lords of Trade and Plantations about the
laws, I say this much from myself: If it is of the utmost
importance that our laws pass, it would be well for you to
consider now whether they will or no ; and, if you judge that they
will not, then resolve to remove the obstruction. This is the
favourable moment ; next year all concessions will be limited by
positive orders to myself and by the expiry of the laws. Pray
consider how much better it is to go voluntarily a step or two
than run risk to be driven God knows how far. If you enter into
debate of this matter I shall explain myself ; if not, you must take
the responsibility of losing the opportunity of establishing peace
and laws for this Colony. I do not urge this from any private
ends, for God has given me a fair estate and the King a competent
salary, so that I want nothing from you. I ask only that we
may do ourselves tlie right to pay our bounden duty and gratitude
to the King. Can the King's bitterest enemy say that he ever
took the least thing from the meanest subject by violence or
contrary to law ? Has he ever erred except in excess of bounty ?
Surely only malice and faction could suggest that such a King
would illegally take from a young and needy colony the revenue
which he orders it to raise for its own Government, and that, too,
when he has just appointed an Auditor-General specially to see
that it is not misapplied. Every one of you knows that, while
your Act exists, such misapplication is impossible, and I do not
believe that any of you so distrust the King. I call to witness
that I have no design to injure you or your liberties, nor have I
any instructions but to do right, and govern according to the laws
of England and of this Island. I did so to the best of my
judgment when I was Governor before, and I believe that it was
your satisfaction with me that moved the King to send me out
again. I hope that no folly may turn us from the port that lies
open to us into a wild sea of confusion, the fear of which so
discomposes me that I can only say God have mercy upon us and
direct you. Copy. 3 pp. Endorsed. Reed. 8 Jan. 1682-83.
[Col. Papers, Vol. XLIX., No. 59.]
Sept. 21. 700. Speech of the Speaker of Assembly of Jamaica in reply to
Sir Thomas Lynch. We acknowledge in all humility the King's
favour to us, particularly in sending you back to us as our Governor.
I shall not dwell on past uncertainties and difficulties, for our only
object was to preserve our ancient form of government, and this we
298
COLONIAL PAPERS.
1082.
Sept. 21.
St. Jago
dc la Vega.
hope may ensure our pardon. 1 p. Copy. Endorsed.
8 Jan. 1C82-83. [Col. Papers, Vol. XLIX., No. 60.]
Reed.
701. Minutes of Council of Jamaica. List of the Assembly :
c , rp, f Major Edward Staunton.
~ \Lieutenant-Colonel Ralph Whitfield.
f Captain Thomas Ryves.
""\_James Lobley.
f Major Samuel Bache.
pj Captain Reginald Wilson.
I WUliam Coward.
f Lieutenant-Colonel Samuel Bache.
~\ Captain Francis Scarlett.
f Samuel Bernard.
-< Major John Bourden.
[^Captain Edmund Duck.
f Captain John Colebeck.
" 1 John Bonner.
St. Thomas in the /"Major George Nedham.
- 1 Fulke Rose.
j* Major Thomas Ayscough.
~[_ Francis Price.
/"Thomas Sutton.
L Richard Dawkins.
f Andrew Knight.
'\_William Pusey.
St. David -
Port Royal
St Andrew -
St Katharine
St. Dorothy
t. Tho
Vale
St. John
Clarendon
Vere
St. Elizabeth
St. James
St. Ann
St. Mary -
St. George
/""Lieutenant-Colonel Richard Scott.
~{_ Nathaniel Estaugh.
f Samuel Jenks.
"\Thomas Clarke.
f Lieutenant-Colonel Whitgift Aylemore.
" \ Captain Benjamin Smith.
I Captain John Moon.
t Andrew Orgill.
f Captain Henry Archbold.
~ X Edward Broughton.
The Speaker, Samuel Bernard, with seventeen members of
Assembly, attended the Governor, and being three short of the
quorum asked for adjournment of the Council to the afternoon.
In the afternoon, Edward Broughton and John Bourden informed
the Governor that four of their members were dead, whereupon
the Governor gave them a return of four in their place. The
Governor made a speech, the Assembly replied through the Speaker,
and John Colebeck and nine other members gave the Governor the
thanks of the House. [Col. Entry Bh, Vol. XXXVI., pp. 6-8.]
Sept. 21. 702. Acts of Jamaica: Act for raising a public impost for
seven years. Act for raising money for soliciting the affairs of
Jamaica in England. Passed, 21 Sept. 1682. Reed. 29 Dec. 1682.
[Col. Entry Bk., Vol. XLIII.,pp. 223 247. J.
AMERICA AND WEST INDIES. 299
1G82.
Sept. 21. 703. Memorandum. On 21st September 1G82 was sent to Sir
Thomas Lynch an Order of Council of 3rd November 1G81,
forbidding Governors to leave their governments for England
without leave of the King in Council. [Col. Entry Bk., Vol. XXX.,
p. 74.]
Sept, 25. 704. Minutes of Council of Virginia. Petition of Robert
Beverley praying for a writ of habeas corpus to be granted to him,
read. Ordered that he be retained in custody till the King, to
whom all proceedings respecting him have been sent, give his
orders. [Col Entry Bk., Vol. LXXX1V., p. 130.]
Sept. 25. 705. Journal of Lords of Trade and Plantations. Petition of
Francis Branson read {see No. 441) and referred to the Agents
of Massachusetts.
Sir W. Stapleton's letter of 18th July concerning the trans-
portation of malefactors read. Agreed to recommend the delivery
of the malefactors to such persons as will give security to land
them at St. Christophers. Letter concerning Captain Billop's
proceedings read (see Nos. 602, 604), and Captain Billop summoned
to attend on Saturday next.
On Sir Henry Morgan's letter of 17th June (see No. 431). Agreed
to recommend that one of the condemned privateers be executed
and the other two kept in custody. [Col. Entry Bk., Vol. CVII.,
pp. 60-62.]
Sept. 26. 706. Minutes of Council of Jamaica. John Colebeck and several
St. Jago gentlemen of the Assembly attended to ask the Governor to explain
ega< himself over the Revenue Bill. His Excellency summoned the
Speaker and House and did so. Petition of Peter Fountain e for
redress against a dishonest kinsman considered and recommended
to the Assembly. Ordered that in consequence of the insolence of
runaway negroes the Act for the better ordering of slaves be strictly
enforced. [Col Entry Bk., Vol. XXXVI., pp. 8, 8A.]
Sept. 28. 707. The Clerk of the Assembly of Barbados to Lords of Trade
Barbados. an( j Plantations. Forwarding copies of the transactions of the
Assembly from 25th April to 25th July. Pleads inexperience in
excuse of possible shortcomings. Signed, Richard Cartwright. 1 p.
Endorsed. Reed. 30 Nov. 1682. [Col. Papers, Vol. XL IX., No.Gl,
and Col. Entry Bk., Vol. VII., p. 144.]
Sept. 28. 708. The Same to the Same. A second covering letter to the
same enclosure. ^ p. Endorsed as the preceding. [Col. Papers
Vol. XLIX., No. 62.]
Sept. 29. 709. Symon Musgrave to [Governor Sir Thomas Lynch ?]. I
Post 3 in the received yours about half-past two and have made inquiry into the
m ^tter. I find no truth nor indeed any talk of any prize that the
Trompeuse has taken. The story is probably founded on another
which the Dutchman brought, as follows. Off Porto Rico Laurence
chased a Spanish ship formerly fyiken from the French, which
300 COLONIAL PAPERS.
1G82.
steered away for St. Domingo. To the eastward of that island she
was taken by him, having maintained a stout fight at a distance
with him, killed him eight or nine men, and wounded sixteen or
seventeen more. On board the Spaniard, which carried twenty-
six guns, ten patararoes and two hundred and fifty men, about
fifty were killed and wounded. The Spanish captain was wounded
in the upper part of his thigh and his belly somewhat torn by a
great shot from one of Laurence's quarter-deck guns. He was
instantly put ashore with a surgeon and a man to wait on him.
The captured ship was bound from Havana to Porto Rico and
St. Domingo with money to pay off the soldiers. It is said that
the pirates made one hundred and forty shares and shared
seven hundred pieces- of-eight a man. Laurence himself is now
at Petit Guavos ; his ship and prize are a-fitting. The Governor
of Petit Guavos has received his share underhand but resolves to
grant no more commissions. I hear that about eight of Laurence's
men are landed here at Point and gone into the country. Signed.
Endorsed. Reed. 8 Jan. 1682-83. [Col. Papers, Vol. XL1X,,
No 63.]
[Sept.] 710. Reasons why Receivers for the quit-rents cannot be
appointed to every parish in Jamaica. (1.) The procedure is settled
b}' Act which (2) makes the collection the duty of the Receiver-
General. (3.) No subject is obliged to pay at any other place but
where the Act directs. (4.) Such change of place would be an
encroachment on the royal prerogative. (5.) The Receiver-General's
patent makes it dangerous for him to collect the rents in the
proposed fashion, &c. Several 'more reasons of the same kind,
deserving Sir T. Lynch 's epithets of "false and trivial" (see post,
p. 302). Large sheet. Holograph, signed, Thomas Martin.
Endorsed. [Col. Papers, Vol. XLIX., No. 64.]
[Sept.] 711. Sir Thomas Lynch's explanations to the Assembly of
Jamaica of the necessity for passing the laws. The laws should be
passed because (1) it will quiet people's minds ; (2) prevent
disputes about titles ; (3) raise the value of land ; (4) attract men
from Barbados and elsewhere ; (5) hinder arbitrariness of Governors ;
(6) please the king and Council ; (7) it may be we have no charter
if we have not these laws ; (8) unless we agree to our own laws we
must have those of England however inconvenient.
The laws cannot be passed in their present shape, as tacked to
the Revenue Bill, because (1) the Lords of Trade, on hearing of it
unofficially, declared the proceeding a great indignity to the King ;
(2) the King himself has declared against tacking laws ; (3) there
is no precedent for it ; (4) it is asking more than ever was granted
by a King, to give him nothing and take everything ; (5) it shows
unparalleled distrust of the King ; (6) there are many arguments
against annual Assemblies ; (7) the affairs of the Colony are in
such a state that the King's Ministers will not be trifled with ;
(8) the Governor has seen how the Privy Council abridged the laws
of other Colonies, which shows that it will do the like for Jamaica
AMERICA AND WEST INDIES. 301
1682.
The present time is favourable for endeavouring to pass the
laws, because (1) the Governor has no particular instructions about
laws, so he may be expected to pass a new Revenue Bill, without
other laws tacked to it ; (2) if the Assembly does not pass them,
the Governor will probably receive positive orders to pass them in
a way which it will not like ; (3) in the impossible event that the
laws were passed at home the new Act of Revenue need do no
harm; (4) it will make a good impression at home; (5) if new
instructions should come from home the Assembly will be unwilling
to comply with them and the Governor unable to deviate from them ;
(6) the Island will not gain and the King will not lose ; (7) if we
refuse to make our own laws we can hardly complain of subjection
to English laws with certain great inconveniences ; (8) the
Collector declares it difficult to collect the revenue without amend-
ment of the Act ; (9) while the revenue is on this footing it is
impossible to alienate it. Copy. 2 pp. Undated. [Col. Papers,
Vol. XLIX., No. 65.]
Sept. 29. 712. Sir Thomas Lynch to Lords of Trade and Plantations.
Jamaica. Since my last, one Baister, master of a New York vessel, is come
from New Providence. He says that Captain-General Clarke has
four or five barco luengos and sloops with commissions of war, and
is expecting a Jamaica privateer. They have taken a peiiago, a
barco luengo, divers Indians from Florida, and seventeen from
Cuba, whom they have sold for slaves. I aai more than ever
apprehensive of the consequences of this folly and rapine, but
I can do no more than report it, for I have no authority to
check it even if I had the means. Last week a small Dutch
trader and a French boat came in to wood and water, with news
that Laurence, a Dutch pirate, has captured the frigate which was
carrying the pay for the soldiers at Porto Rico, St. Domingo, and
Santiago de Cuba. He took her to Isle de Naia on Hispaniola,
and sent to the French Governor, who never refuses commissions,
whether before or after capture of a prize, provided he receives
some present, as, for instance, a tenth share. The pirates are said
to have divided seven hundred pieces of eight per man. A
fortnight ago came one Don Caspar de Montesdoco from Havana
to buy negroes. He wants one hundred and fifty, but will hardly
get so many, unless of runaways or men not worth the keeping.
The Assembly met on the 21st instant. I spoke with the endeavour
to remove misunderstandings which certain ill-informed people
gave me to believe to exist among them, and hinted to them the
reasonableness of trying now to get their laws passed. Two days
later they desired me to explain myself, which I fully did, telling
them that they must not expect the King to pass the laws while
tacked to the Revenue Bill, nor to allow Assemblies convened by
their own acts. I said all that my disordered head would permit
me. They have, thereupon, voted a new Bill ; and I believe they
will send it to your Lordships' liking, and do everything to testify
their obedience and gratitude to you and to the King. The people
is much rejoiced at this reasonable and sober behaviour of the
302 COLONIAL PAPERS.
1682.
Assembly, and have- great hope of an immediate and happy
settlement, wherein I assure them of your favour. I have
ventured to write to the Lords of the Treasury, Mr. Blathwayt
having .ordered his deputy to examine the accounts and press for
the obtaining of a rental. The Council, myself, and every one but
the Collector, think this impossible without having receivers in every
precinct, and the Collector only gives false and trivial reasons
against this (see ante, No. 710). Three days ago Don Josepe
d'Ollo came here from Porto Bello. He left his barco luengo at
Tuana, a leeward port twenty-five leagues from Port Royal, and
came here in a sloop, being told that one Spurre, an English pirate,
with sixty men, was on the coast. He brought me two letters from
the Governor of Panama, which I enclose. I expect to hear that
the Governor of Carthagena will send a like message to me, the
reason being that it is difficult and dangerous to go to Curacao.
The Assiento has been interrupted, the Assientistas not having
paid the King the contract, which is one thousand rials a ton.
These Governors have seized two thousand negroes, but Don
Josepe says they have compounded in Spain, and that the
Assiento will be set on foot again. The chief men therein are
certain Dutch merchants of Cadiz. Be this as it may, if we had
negroes, the convenience of our ports that lie north and south of
Carthagena and Portobello would certainly draw ail the trade
they may have with strangers to us, and possibly my presence
here would not discourage them. But it is hopeless to think of a
sufficient supply for such a trade when our own planters are so in
want of slaves that the last ship had more buyers than negroes.
In this way our best trade and our fairest hopes are like to be
lost. I shall do all that I can to keep them, in the hope that the
Royal African Company may have time to supply us fully. 1 fear
that you may be offended at a judgment delivered here about that
Company's patent. I should have prevented it, had I been able,
by removing the cause to England, but both parties, Englishman-
like, were positive. The Chief Justice has reported the case to
Mr. Blathwayt. If the Act about negroes " choque " them I can
get the Assembly to quash it, but I fancy that it would be better
for the Acts to stand, and so think their factors. When the
new Revenue Bill comes home you may do what you please and
set that law aside, for it would make no great difference here.
Holograph. 4 pp. Inscribed with a long precis. Reed. 8 Jan.
1682. Read at Committee 18 and 25 Jan. 1682-83. [Col. Papers,
Vol. XLIX., No. 66, and Col. Entry Bh, Vol. XXX., pp. 92-
96.] Annexed,
July 21. 712. I, The Governor of Panama to Sir Thomas Lynch. I am
Panama. appointed Governor of this province, and have received
an order from the King, my master, to agree for two
hundred negroes in some of the Windward Islands which
are friends to this Crown. Having always found
friendship with the English in the Canary Islands, where
I was born, I send Don Joseph de Olio, fully accredited,
AMERICA AND WEST INDIES.
303
1682.
Aug. 13.
Panama.
Sept. 29.
Whitehall.
Sept. 29.
Sept, 29,
Boston.
Sept. 30.
to you to purchase these negroes. Signed, Don Pedro de
Porette. Translation. \ p.
712. II. The President of Panama to [Sir Thomas Lynch].
Three French men-of-war of fifty, forty-four, and thirty-
six brass guns arrived at the mouth of Portobello
Harbour ; and there remained ashore a Portuguese who
came with them, who declared that these ships belonged
to a fleet of fifteen sail, well manned and equipped for a
year, which was designed for some invasion. I give you,
however, this advice for what may import the defence of
your island. Signed, Don Pedro de Porette. Translation.
Inscribed and endorsed. Reed. 8 Jan. 1682-[83]. [Col.
Papers, Vol. XLIX., Nos. 66 L, n.]
713. The King to Sir Thomas Lynch. With reference to
Sir Henry Morgan's report that, of four pirates apprehended and
convicted, one only appears to be made an example (see ante,
No. 431), our pleasure is that you cause this one to be executed,
that two more be kept in prison till further order, and that the
fourth, who turned informer, be left to the mercy of the Court.
Countersigned, L. Jenkins. [Col. Entry Bk., Vol. XXX., pp.
74-75.]
714. Minutes of Council of Virginia. Proclamation dissolving
the Assembly begun at James City 8th June 1680. [Col. Entry
Bk., Vol. LXXXIV., p. 139.]
715. Petition of Daniel Mathews, in the prison at Boston, to
the King. I was appointed a deputy searcher by Mr. Edward
Randolph in 1680. At the end of June 1680 I seized the ketch
Newbury, under his orders for breach of the Acts of Trade, and
brought her to Boston for trial. The Court would neither admit
Mr. Randolph's patent, nor our plea of the general issue. On
2nd August last I was taken in execution for 309 L, and committed
to close prison in the common gaol, where I have been ever since
to the ruin of myself and family, until the ketch now under
seizure be restored. I beg that you will direct the plea of general
issue to be accepted, as the agents now with you have admitted
that the Act allowing it is in force. Signed, Daniell Mathews. 1 p.
Endorsed. [Col. Papers, Vol XLIX., No. 67.]
716. Journal of Lords of Trade and Plantations. The Lords
agree to their report on the transportation of three hundred
malefactors to St. Christophers (see No. 717). Sir Thomas Meres,
one of the Commissioners of the Admiralty attending, the Lords
considered the case of Captain Billop, and ordered that the papers
be submitted to the Attorney-General and King's Advocate to
report what legal steps can be taken against Captain Billop for the
recovery of the negroes embezzled by him. Mem, Orders in
Council of 3rd November 1680 and 3rd August 1682 were sent to
Sir W. Stapleton.
304 COLONIAL PAPERS.
1682.
Captain William Dyre's petition read (see No. 591). Agreed to
report that his bond be re-delivered to him.
Petitions of Lord Doncaster and of Robert Barclay for grants of
Florida and East New Jersey read. Agreed to report against
them.
Agreed to recommend that Mr. Randolph be recalled to England.
[Col. Entry Bk., Vol. C VII., pp. 62-65.]
Sept. 30. 717. Memorandum. The Lords of Trade and Plantations think
that no person who receives the King's pardon on condtion of
transportation should be sent bo the Plantations unless security of
. 100. be first given that such person will remain there four years
at least. On tins condition the three hundred malefactors from
St. Christophers shall be delivered to anyone who undertakes to
transport them. Follows, A form of a condition to be inserted in
the transportation pardons. Latin. [Col. Entry Bk, Vol. XCVII.,
pp. 83-84.]
[Sept. 30.] 718. Petition of William Dyre to Lords of Trade and Plantations.
The King was good enough to make an order for my relief on
21st July, but Winder cannot be found nor heard of within the
kingdom, and no one appears to prosecute the malicious charge
against me. I beg that my bond may be delivered to me and
that I may be discharged of his scandalous imputations and
reinstated in my former position. 1 p. Inscribed. Reed. 30 Sept.
1682. Endorsed, " Granted/' [Col. Papers, Vol. XLIX.,
No. 68.]
Sept. 30. 719. Memorandum. That the Lords of Trade and Plantations,
pursuant to Order in Council of 3rd August (ante, No. 642), are of
opinion that Captain Dyre's bond should now be delivered to him
and himself set free to take his legal remedy against Samuel Winder
at New York. Printed in New York Documents, Vol. III.,
p. 321. [Col. Entry Bk., Vol. LXVIII.,p. 56.]
Sept. 30. 720. Memorandum of the recommendations of the Lords of
Trade respecting the foot companies in St. Christophers (see ante,
No. 586). [Col. Entry Bk., Vol. XLVII.,pp. 62, 66.]
Sept. 30. 721. The King to Sir William Stapleton. Recommending
Whitehall. Captain Thomas Hill, Brigadier in the Duke of York's troop of
Horse Guards, for a command in the Leeward Islands. \ p. [Col.
Entry Bk., Vol. XCIX., p. 177.]
Sept. 30. 722. The King to the [Governor and Company of Massa-
chusetts ?]. Ordering them to apprehend William Kelso, who is
charged with treasonable language and treasonable actions. [Col.
Entry Bk., Vol. XCIX., p. 178.]
Sept. 30. 723. Minutes of Council of Virginia. Order for the issue of
Hues and Cries for the apprehension of certain unarrested rioters.
[Col. Entry Bk., Vol. LXXXIV., pp. 130-131.]
AMERICA AND WEST INDIES.
305
5682.
Sept. 30. 724. Commission to Colonel Thomas Dongan to be Governor of
St. James's. New York. Printed in New York Documents, Vol. I I I., pp. 328-
329. [Col Entry Bk., Vol. LXX., pp. 39-40.]
Sept. 30.
St. James's.
Sept. 30.
[Sept.]
[Sept.]
[Sept.?]
[Sept. ?]
Whitehall.
Oct. 1.
Oct. 1.
Port Royal.
y 93366,
725. Commission to Colonel Thomas Dongan to be Captain
of a company of foot soldiers at New York. [Col. Entry Bk.,
Vol. LXX., p. 41.]
726. Memorandum. That the Duke of York continued the old
establishment of pay for his officers and soldiers at New York,
which was re- written and signed, 30th September 1682. [Col.
Entry Bk., Vol. LXX., p. 41.]
727. Copy of the queries presented by Edward Randolph and
answered by the Attorney-General in 1681 (see ante, Nos. 92, 122).
l^pp. Endorsed in Randolph's hand. [Col. Papers, Vol. XLIX.,
No. 69.]
728. Petition of Edward Randolph to the King. Having seized
some ships for infringement of the Acts of Trade, I was cast
contrary to evidence and the laws of England, and was denied an
appeal to your Majesty in Council. Names of the cases referred
to, the Newbury, ketch, Swallow, sloop, Good Hope, pink. " Copy
of the original sent to Whitehall by way of Bilbao in Sept.
last." In Randolph's handwriting. 1 p. Endorsed. [Col. Papers,
Vol. XLIX., No. 70.]
729. Memorial of the Earl of Doncaster (see ante, No. 663).
The gift of Florida is designed for the use of the Scots, and it is
begged (1) because the Scots have yet no plantation, while tlieir
country abounds with people. (2.) The gift was offered to Colonel
Lockhart in 1670 and was only refused because it was hoped that
a more commodious place could be obtained. (3.) The same grant
was intended for the Scots, and a patent drawn up for it in favour
of the Duke of Albemarle in 1679. (4.) The country is still
undisposed of. 1 p. Undated and unsigned. Endorsed as
headed. [Col. Papers, Vol. XLIX., No 71.]
730. The King to Sir Thomas Lynch. Warrant for appoint-
ment of Sir Francis Watson to be of the Council of Jamaica. Date
left blank. [Col. Entry Bk., Vol. XXX., p. 74.]
731. Minutes of Council of Virginia. Order for the retention
of John Sackler, Matthew Hudson, and Bartholomew Austin in
custody failing their ability to find bail in 500Z. [Col. Entry Bk.,
Vol.LXXXIV.,p.l32.-] '
732. Reginald Wilson, Auditor-General of Jamaica, to Sir
Thomas Lynch. I send you the account of shipping from 5th April
last to the 29th September. When on taking over the office from
the last naval officer, Captain ' Hodgskings/ I asked him for the
books and papers belonging thereto, but he said he had none but
u
306 COLONIAL PAPERS.
1682.
loose papers. On his death, since your arrival, I had your orders
to have his papers looked over, but found nothing of any con-
sequence belonging to the office. I have now sent copy of his last
six months' accounts from 29th September 1081 to 29th March
1682, but there were no bonds that I could find, from the time
when Lord Carlisle turned me out for seizing piratical goods and put
in first Richard Butler and then Hodgskings. There is no account
to be found of the imports or exports of ships and their cargoes,
but Captain Hodgskings' account now enclosed. As to the orders
igsued to the office for the composition of returns during Lord
Carlisle's and Sir H. Morgan's time, I can find nothing, so I send
the present according to the old method which I used in your
Excellency's time and Lord Vaughan's. I beg you to ask the
English Commissioners of Customs to inform me what method I
am to follow, for the entries of shipping in the naval office made
by my predecessor are not discoverable. As Mr. Blathwayt's
deputy I cannot well inspect the accounts of the King's Receiver.
I cannot find in Hodgskings' accounts any returns of vessels
carrying Jamaica produce to other Colonies and paying customs
here, but I have now sent a peculiar account of such vessels since
my restoration to this office. I could have put both returns into
one, but judged the other method more convenient in the absence
of instructions. I find certificates here from several custom-houses
in England for the carriage of Jamaica produce homo. Some of
the bonds contain the word " Ireland," those, namely, from Bristol
and Chester, others not. I beg your instructions. Signed,
R. Wilson. 3 pp. On the back, draft of a letter to William
Blathwayt. 12 Nov. 1682. [Col. Papers, Vol. XLIX., No. 72.]
Oct. 3. 733. Minutes of Council of Jamaica. Ordered, that in con-
st. Jagode la sequence of privateers lying off the Island the ships now in Port
Ve s a> ' Royal do not sail till Monday next. [Col. Entry Bk., Vol. XXX VL,
p. 8a.]
Oct. 3.1 734. Commission of Vice- Admiralty to Colonel Thomas Dongan.
St. James's. [Col Entry Bk., Vol. LXX., p. 41.]
Oct. 3. 735. Commission empowering Thomas Dongari to appoint a
St. James's. Judge, Registrar, and Marshal of Admiralty. [Col. Entry Bk.,
Vol. LXX., p. 41.]
Oct. 3. 736. Minutes of Council of Barbados. Order for remitting
216?. 3s. 9d. to Robert Chaplin in payment for arms bought by
him in 1677.
Oct. 4. The Assembly brought up Acts for a Committee of Public
Accounts and for ascertaining the gauge of casks. Address of the
Assembly. Declaration of the Assembly. Warrant for payment
of money due to Edward Clipsham and Michael Terrill for services
connected with the fortifications. The Bill for securing negroes
divided into two Bills. Petition of Richard Bate referred to a
Committee. [Col. Entry Bk. } Vol. XI., pp. 551-555.]
AMERICA AND WEST INDIES. 307
1682.
Oct. 3. 737. Journal of Assembly of Barbados. Christopher Codrington
elected Speaker. The Committee appointed to consider the gauge
of casks presented their report.
Oct. 4. Act for regulating the gauge of casks read and passed. Act to
continue the Act for a Committee of Public Accounts read and
passed. Declaration of the Governor, Council, and Assembly that
in the Act for an imposition on wines there is no intention to
abridge the Treasurer's power to grant bills of stores. Address to
the Governor asking that 5001. be taken from the money voted for
building a magazine, and remitted to London for purchase of field
pieces, and the same made good to the magazine from the
imposition on wines ; also that the present to His Excellency be
paid forthwith. Adjourned to 31st October. [Col. Entry Bk,
Vol. XIII., pp. 501-503.]
Qct. 4 to 738. Minutes of Council of New Hampshire. Mr. Edward
Oct. 13, Cranfield's commission was read and was sworn by the gentlemen
appointed to the Council. Robert Mason," Richard Waldern,
Thomas Daniel, William Vaughan, Richard Martin, John Gilman,
Elias Stileman, Walter Barefoot, and Richard Chamberlain were
also sworn. The old seal was given up and a new one produced.
Order for a proclamation announcing Mr. Cranfield's assumption of
office. Adjourned to 10th October.
Oct. 10. The Governor took the oaths of office and signed the test.
Ordered that the commissions of Mr. Cranfield as Governor and
Vice-Admiral, of William Blathwayt as Auditor-General, and of
Edward Randolph as Collector, be recorded ; also the letters from
the Treasury and the Lords of Trade and Plantations. Richard
Waldern and Richard Martyn were suspended from the Council
pursuant to royal instruction. Order to the Constables of the five
towns for the election of deputies to a General Assembly, and to
administer the oath of allegiance to the inhabitants. Order for
constables to use their authority in collecting taxes. Captain
Daniel and Mr. William Vaughan to choose a suitable house for the
meeting of the Assembly.
[Oct. 13. Elias Stileman delivered up the books of records to the Secretary.
List of the records. Ordered that Richard Chamberlain record
all bills deeds of sale, mortgages and wills, as perquisites of his
office, also that he be clerk of all the Courts of Judicature. Order
for Richard Martyn and Elias Stileman to deliver their accounts to
Richard Chamberlain for audit. 4 pp. Inscribed. Reed. Jan. 7,
1682-83. Damaged by tearing away of the seal. [Col. Papers,
Oct. 4. 739. Duplicate of the foregoing. Undamaged. [Col. Papers.
Vol. XLIX., No. 74.]
Oct. 5. 740. Minutes of Council of Jamaica. Bill for Public Impost
' J yf de la read three times and passed. Bill for soliciting the Island's affairs
in England read three times and passed. The Assembly desired
members of Council to be appointed to join them in preparing
u 2
308
COLONIAL PAPERS.
1682.
a joint address to the King. Sir Charles Modyford, Robert
Byndloss, Samuel Long, and Hender Molesworth appointed.
Ordered, that Sir Charles Littleton and Colonel Beeston take care
of the Island's affairs in England. Order for Bill to be prepare!
for relief of Peter Fountaine.
Oct. 6. Bills for relief of Peter Fountaine, and for lease of the lands of
Bartholomew Sharpe read three times, passed, and sent to the
Assembly. The address to the King read and recommended to the
Assembly, and its concurrence desired in advancing 760/. for the
soliciting of the Island's affairs in England.
Oct. 7. Ordered that the Provost- Marshal have forty pounds, the Clerks
of Council and Assembly each twenty pounds, and the Messenger of
Assembly five pounds. The Speaker and the Assembly attended,
and the Governor gave the royal assent to the Bill for a Public
Impost and for soliciting the Island's affairs in England. His
Excellency then gave them abundant thanks and prorogued the
Assembly to the 4th May. [Col. Entry Bk., Vol. XXXVI.,
pp. 9, 10a.]
Oct. 6. 741, A clause of the letter written by the Somers Islands
Sadler's Hall, Company to the Governor and Council. We order that neither
Mr. William Milburne nor Mr. Samuel Trott be admitted to plead
CD behalf of any person; and if they do not yield obedience to
the King's Order in Council of 25th February 1680 and forbear
disturbing of the Government, we shall take such course as will
reduce them to obedience. Signed, Gerard Conyers, John Chandler,
S. Smith, Saml. Menerell, Henry Dandy, Hugh Nodin, J. Heydon,
Samuel Smith, sen., Jo. Browning, Jo. Meredith, Richard
Beauchamp Rich. Chandler, Gilb. Gerard, Deputy. . Copy. Cer-
tified by John Tucker, Secretary. March 2, 1682-83. p.
Endorsed. [Col. Papers, Vol. XLIX., No. 75.]
Oct. 6. 742. Lord Culpeper to Sir Leoline Jenkins. After losing a fair
Plymouth, wind on Monday se'nnight for want of beer and provisions I set
sail from Dover last Monday night, between nine and ten, and
arrived here on Wednesday at four after dinner. With much
difficulty we have despatched all business here and are just setting
sail. I have heard from many quarters of a severe but very
unnecessary order sent to the captain of the Mermaid about me.
I aver to you that from the night I last saw you there had not
been a pretence of omission on my side. I had been on board as
directed on the day following, being Thursday 8th September,
but that the cap 
