America and West Indies: October 1671

Pages 263-271

Calendar of State Papers Colonial, America and West Indies: Volume 7, 1669-1674. Originally published by Her Majesty's Stationery Office, London, 1889.

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October 1671

Oct. 1.
636. Richard Browne to Joseph Williamson.Since his last three weeks since they have but little news, only that a timber ship from Barbadoes was cast away in a hurricane off the Deseadas. From Tortuga they are advised of a French man-of-war cast away on Hispaniola, and that a Bristol ship, Taylor master, was seized by three French men-of-war, but M. Ogeron, the Governor, would not admit them, so they give out that they will take her to St. Christopher's or some other island. No news yet of the Assistance and Welcome. Begs him to give Sir Thos. Lynch and Col. Freeman thanks for the favours he receives. Sends humble service to his Lordship and Serjeant Knight. Endorsed, Rd. Feb. 167 1/2. 1 p. [Col. Papers, Vol. XXVII., No. 37.]
Oct. 4. 637. Minutes of the Council of Barbadoes. Present, the Deputy Governor and four of the Council. Ordered, that writs issue to be published in the several parishes the 22nd and 29th instant, for the election of an Assembly on the 30th, to meet at the Bridge Town on Tuesday, the 31st instant. 1/2 p. [Col. Entry Bk., No. XI., 193, 194.]
Oct. 9.
638. Sir Thos. Lynch to Joseph Williamson. Has written by every opportunity, but never received a syllable from Whitehall, though the securing Chas. Modyford might have ruined him if he had not had advice of it accidentally before his father. Hopes to hear how Sir Thos. Modyford is received and his own proceedings liked, and what he shall do about cutting wood at Campeachy. It is where no inhabitants are, and the only trade they now have for all their cocoa walks are dead or blasted, and there is no sugar. Causes all the men to be sworn that they have not stolen it or used any violence against the Spaniards. The Assistance is gone into the bay after a privateer that robs all, with letters to the Spanish Governors to assist with brigantines. Expects every day the Welcome from St. Jago de Cuba. Finds it will be easier to live by the Spaniards than the French. Thought the King's command to be civil to the French was because the King of France had declared that his ordinance commanding all to be seized that appeared on any of his coasts in America did not intend the English. However, as formerly advised, about ten weeks ago he sent a sloop to Tortuga with French prisoners they had redeemed, and at Le Petit Guanoa four French men-of-war made prize of her, but the Governor was so ashamed that he sent her back with part of her cargo. At her return four or five more French prisoners hired her, but coming to Tortuga found the biggest of the frigates cast away; the other frigates paid no freight, but pressed the vessel to work ten days at getting up the guns without a farthing consideration. They left a Bristolman of 80 tons in possession of the men-of-war. Communicated to the Governor his Majesty's commands grounded on the French King's explanation of that ordinance in our favour, and the answer is the sending the orders the Commander of that squadron has, by which, if allowed, all our vessels will be taken that go home by the back of Hispaniola. Sends the Governor's letter, the merchants', and Sir T. M's. As for the patach he complains of, it did come with letters for Sir T. M., and, on pretence of the seamen selling tobacco, was condemned and sold something too severely: his Council were all of opinion that it ought not to have been done, but not willing to asperse the late Governor left it to Lynch, and the Governor has the patach restored, and lends his agent 30l. to fit her for Tortuga. Many people murmur at him for this and the respect he seems to have to all French and strangers. When the sloop returns from Cuba will send the depositions, but in the interim begs satisfaction positive directions, for had he command for it, he could soon take for this injustice and insolence. Poor Major Tolhurst is dead. Has been to Windward to take a view of the troops, and intends to Leeward as soon as these dead rains are over: then their Lordships shall have lists of the militia and accounts of the plantation and people, and, in about three months, a most exact map of the island. One Capt. Diego, with Sir Thos. Modyford's commission, took a small Spaniard and sold her at Tortuga; intends to write to have him sent down hither. There was likewise a Fleming taken off the Havannah, going to fish for wrecks in the Gulf of Bahama. Encloses,
638. I. Instructions for the Sieur de Villepars, Commander of the ships Mazarin, San Sebastian, Petite Infante, Belle Isle, and Aurora, sent by the (French) King to the French islands in America. To apply himself to three principal ends: first, to protect the trade of the King's subjects; second, to assist M. d'Ogeron, Governor of Tortuga, in reducing to obedience the King's subjects on the coast of San Domingo; and, third, to chase away all foreigners from the French islands; and, whether the inhabitants of the said coast be in obedience or revolt, to give chase to all strangers offering to land or come near the said island and coast of San Domingo, to seize and deliver them to said Sieur d'Ogeron. Collated with the original on board the Mazarin, the 14th July, and at Tortuga, the 3rd Oct. 1671. French. Together 4 pp. [Col. Papers, Vol. XXVII., Nos. 38, 38. I.]
Oct. 10.
639. Sir Tobias Bridge to Sec. Lord Arlington at Court. Sent 200 soldiers in the ship Noble Katherine, Capt. Bond, commander, 10 days before he left Barbadoes. They were disbanded according to his Majesty's directions, and their accounts stated with all justice. They landed on Thursday last [5th] at St. Margarets, and marched to Gravesend. Has seen Capt. Cotter and other officers, and their order for reception, and given them the best advice he could. They were to muster on Monday last. Sixty and odd more are daily expected on board [Capt.] Perryman. Begs excuse for not having paid his duty to his Majesty at Newmarket, having been here seven or eight days; it was nothing but his indisposition as to health. Hopes to be able to wait on his Lordship in two or three days, and meantime throws himself and the other disbanded men on his Lordship's protection. Re-directed "at his house at Ewston Hall, in Suffolk, near Thetford. Frank Edm. Sawtell." I p. [Col. Papers, Vol. XXVII., No. 39.]
Oct. 14.
640. Sir Thos. Lynch to the Earl of Sandwich, President of the Council of Plantations. Wrote at large by the vessel that carried Sir Thos. Modyford, and since to Mr. Slingesby, and by all occasions to Lord Arlington or Mr. Williamson. Does not find it easy to have account of the militia and plantations, the parishes being large and ill bounded and not well peopled. Fell ill of a contagious fever the very day Sir T. M. sailed. Has taken account of the regiments and plantations eastward as far as P[or]t M[oran]t, and intends to do as much to leeward. Has found nothing so disorderly as the method of granting and surveying land; for Sir T. M. gave 30 acres per head to any that gave security to bring on their complement in two years, which has occasioned the taking up of 100,000 acres without a farthing of rent to the King or a foot planted; Sir T. M. giving liberty to all kinds of surveyors to survey has caused so many mistakes that Lynch has appointed nine surveyors, allotting them particular quarters, with the enclosed instructions. Has likewise given them a general scale, and they promise in three months to make a more exact description of the island than ever was yet. In all the parishes on the south side there is not a foot of land to be had for church, King, or public; all is appropriated after so disorderly a fashion that the town of Port Royal is rendered unhealthy for want of streets and public commodities, nor is there hardly left landing places; and there is neither house, land, nor conveniency for the King or his ministers. Has bought a house dear, and must give 15s. per acre for poor land seven miles off for a provision plantation. These orders have respect most to the north side; for the future intends no patent to be given but to actual planters, all wood lands to pay 40s. per 1,000, and no land to be granted on bond. Does not find that 300,000 which Sir T. M. granted at ld. per cleared acre bring in the King 150l. per annum; durst not now charge it more, but supposes that in six months' time the other halfpenny may be laid, but without their Lordships' orders shall dare do nothing. Has begged their Lordships' advice about the logwood cutting, which he connives at, as the Spaniards do. There are no privateers out now but one Yhallahes, after whom has sent the Assistance, with orders to make examples of those rogues. One named Diego lately brought a Fleming and the Advice of Carthagena into Tortuga, where have been four French frigates, the biggest now cast away, which have seized all vessels that come near that coast, according to the King's letter. Has done the French all the civilities imaginable, restored the Governor's pattach, and released from the Spaniards all the French he could, and the very sloop sent up with them they made prize of, and have now a Bristol man. Has sent Mr. Williamson the letters, affidavits, and French King's orders to seize all ships that approach the coast of San Domingo and Tortuga; if this be not restrained our passage by the back of Hispaniola must be left, nor will the coming down on the south side be long safe. Are likely to live better with the poor Spaniard, for two days since came the Welcome from St. Jago de Cuba, where the gentlemen he sent were 12 days nobly treated; they could contract for no merchandise, the Governor and people being at variance, but had liberty to buy provisions. Had thought to have sent the Welcome to Tortuga to demand this privateer, but dare not, fearing some dispute might arise, that might lose her or ruin me. When he has his Lordship's advice shall be more resolute. Endorsed, Recd from Sir Charles Littleton, 20th Feb. 1671(2). 2 pp. [Col. Papers, Vol. XXVII., No. 40.]
Oct. 17. 641. Fran. Benson to Joseph Williamson, at the Court at New-market. The enclosed (wanting) will at large inform him of the pretensions of the French to Canada in 1614, when Mons. Buisseau was Ambassador; his late Majesty having consented to the restitution of the fort and habitation of Quebec. In 1634 the French took an English ship, Capt. Phillips, at Tadousac, and judged it lawful prize, the French King having prohibited trade except to the Canada Comp., his own subjects. The sentence to be altered if the French might have free trade in Virginia. Difference between the Kings' respective rights. Wish of M. Fouquet to have the matter accommodated. Sir Peter Wyche had read over one book of Sir Isaac Wake's letters. [Col. Papers, Vol. XXVII., No. 40*.]
Oct. 21.
St. Jagode la Vega.
642. Minutes of the Council of Jamaica. Ordered, on consideration of the many abuses and law suits daily arising from the ignorance and multiplicity of surveyors, each of whom has liberty to survey in all parts of the island, that Mr. Inyons be appointed sole surveyor for the parishes of St. Katherine's and St. John's, Henry Wornel of the Point and Clarendon, J as. Wornel of St. Andrew's and St. David's, Mr. Rugg of St. Thomas, Mordecay Rogers of St. George's and St. Mary's, Mr. Whiston of St. Ann's, Mr. Robinson of St. James's, and Mr. Wytter and Capt. Scanter of St. Elizabeth's, and that they take no more than three halfpence per acre of the planters, paying the charges of the hands, and do their utmost to serve the country faithfully; in default of which they shall be presentable at sessions, and be fined 10l. to the King and 10l. to the informer. Instructions for Francis Inyons, surveyor of the parishes of St. Katherine's and St. John's; not to presume (on penalty of 20l.) to exact more than three halfpence per acre, nor to run into any man's land, nor project any lines where it is possible to be run out. To consult with the surveyors for adjoining parishes, and make the inland bounds of said parishes as distinct as possible; and having done so, to take from the clerk of the patents copies of such plots within said parishes as are not in his hands, and make them, with such as he shall survey for the future, into two books, which he must keep fair, and on demand give his Majesty's Receiver an extract thereof, that he may know how to demand his Majesty's rents. To advise the Clerk of the patents what land there is to take up, giving the quantity, quality, and conveniences thereof, that new comers may know immediately where to settle. To preserve in every parish 400 acres of good land for glebe, in such places as he and the chief of every parish shall think fit, where churches or towns may come to be built; and to survey for his Majesty's use 2,000 acres in each parish, in two or three parcels, returning the survey to the Clerk of the patents to be recorded, and for this and the glebe land the Governor will order him satisfaction. To advise the Receiver of land long taken up and unemployed, or having no proprietors, or escheated to the King, and also where the land laws are broken, especially such as do not clear their lines; and where there is great overplus in any run of land, to inform the Governor on penalty of 20l. To lay that order first that first comes to hand, without respect to poor or rich, and if he cannot immediately survey the place chosen, to enter it, and not presume to lay any post order on that place. To mention how much wood land and how much savanna in the return of his plots. To take special care not to run out any harbour, port or bay, but reserve what is requisite for building churches, court houses, towns and fortifications. Not to divide any small order of 80 or 100 acres into two or three parcels, as divers hunters have done to have pretence only to keep others from hunting till their order is out. And further, whereas there are many differences and law suits between planters, by reason the lines between their lands are not sufficiently cleared and known, on every survey made, to summons owners of land adjoining to appear and show their lines and clear such as are not sufficiently opened, returning into the Quarter Sessions any that shall disobey. Similar instructions to be delivered to all Surveyors. Ordered, that whereas there is nothing more for the benefit of the island than that everyone's exact property be known, whereby good neighbourhood is preserved and law suits and differences about bonds (? bounds) prevented, that all planters and proprietors of land within six months clear their lines, and do the same once every year from that time for ever, on penalty of being presented at sessions and fined 20s. per 100 acres, provided that where lines join the Proprietors shall clear to halves. And because several not upon the island are Proprietors of great quantities of land, their attorneys, factors or agents shall be obliged by this order. And whereas if there be not a day fixed in each parish, some persons might possibly run their lines into another man's land, ordered, that every Custos Batulorum appoint a day for the first six months, and the same annually every sessions. This order was read and published at the Grand Court held at St. Jago, the last day of October 1671. And also the following order, Whereas nothing could give more satisfaction to strangers inquisitive of the nature, conveniences and situation of this island, or be of so great use to the present planters, as an exact map of the whole island, perfectly describing all the mountains, valleys, rivers, and settlements, ordered that each of the nine surveyors make an exact description of his own division which may afterwards be reduced into a larger scale, and if they want any help that they apply to two Justices of Peace, who are required to give them assistance, to be paid out of the Parish stock. Order, that whereas several merchants and masters of ships passing between the point and the town of St. Jago, have suffered great inconveniences from the badness of the horses and furniture, Gabriel Martin is appointed Post Master with privilege of supplying horses from Passage Fort to Town and back, in accordance with instructions hereto annexed; and those used to let horses are forbidden to do it unless with allowance from said Post Master; his instructions. Order published at the Grand Court at St. Jago the last Tuesday (31) in October 1671: On consideration of the great want of money in this island, occasioned by making it current below the intrinsic value, and so much beneath the standard of all their neighbours, that it. advances 20l. per cent., whereby their produce is not so much in demand, which has infinitely retarded the settlement of the island; ordered that pieces of 8 and half pieces of 8, being Pillar, Seville or Mexico, be raised to 5s. and 2s. 6d., and all other Spanish money of that coin proportionably, and that doubloons, now passing at 16s., be received current at 20s.; this advance to begin within six months after date. Ordered on petition of the English merchants against the trading of the Jews, that an exact account be taken of those Jews that produce their Letters of Denization, and the Council will advise what to do with those that have none. James Barkly sworn Deputy Secretary. Adjourned to 26th inst. 14 pp. [Col. Entry Bk., XXXIV., 235–249.]
Oct. 22.
643. Mem. of a warrant for 218 muskets, 114 pikes, 218 bandoliers, 344 swords, 344 belts, 8 halberts, 4 partisans, 4 drums, powder bullet and match proportionable for the Barbadoes regiment. [Dom. Entry Bk., Chas. II., Vol. XXXV. A., p. 29.]
Oct. 25. 644. Grant to Alexander Culpeper of the place of Surveyor-General of Virginia by himself or his deputy during the King's pleasure. [Dom., Chas. II., Docquet.]
Oct. 26. 645. Minutes of the Council of Jamaica Order, published at the Grand Court of St. Jago the last Tuesday in October (31) 1671: Whereas by the immoderate use of unlawful gaming many mischiefs daily arise, both in the maintaining several idle and disorderly persons in their lewd and dishonest course of life, and in the cozening and debauching many young gentlemen and others to the loss of their time and fortunes, whereby they are disabled from making any settlement in the island, and few escape a prison or being made servants in a very short time:—Ordered, that all persons keeping public houses of gaming, or permitting it in their houses, shall be presentable at Sessions, and on conviction fined 10l., or more at the discretion of the Justices, one third to the King, another to the parish, and another to the informer; and those known to be common gamesters shall be likewise presentable, and to pay double the money they have won, to be distributed as before, and recovered without essoin, wager of law, or protection, in any Court of Record, or by Order of Sessions. Any person winning money at any game by fraud or using false dice, shall forfeit double the money so won, to be recovered and disposed of as before, and be further punished as a cheat at the discretion of the Justices. All bonds, bills, promises to pay, &c., made by any person losing money at play or in betting shall be utterly void. Provided that it is not intended to restrain masters of families and others being known to be men of at least 2,000l. estate in the island from innocent diversion in said games, but if any other person whatsoever shall adventure and lose any sum above 40s. at cards or dice, all persons concerned shall be subject to an information and to penalty as aforesaid; provided that if the person that lost complains first, he shall not only be excused from any information brought against him, but shall recover to his own use one third of the fine. And all constables and other officers shall make search in the watches where such gaming houses are suspected to be kept, and arrest as well the keepers as the persons resorting thither, and keep them in prison till they shall have found sureties no more to keep or frequent said houses. Ordered, that the Provost Marshal proclaim same twice in some public places, and that every Custos Batulorum take care that the Clerk of the Peace read it openly every Sessions, so that the country being met together, may the better understand and observe it. Order, to be proclaimed by the Provost Marshal and read every Court day or Sessions at Port Royal. Order :—Whereas several seamen shipped abroad do contrary to their contracts frequently desert, drawn thereto by the variety of voyages offered them here, and to have some present money to pay debts contracted on shore, whereby merchants and masters are put to great distresses, many voyages disappointed, and seamen put upon demanding extraordinary wages which the merchants and masters are compelled to comply with; ordered, that no seaman be hereafter trusted above 5s., and that whosever trust them further or retain them, shall not only lose his money, but be liable to be proceeded against by the Act for retaining men's servants, seamen being hereby declared to be accounted only as servants All alehouse keepers, attorneys, and solicitors encouraging seamen to sue their masters or captains in order to free themselves, shall be presented and punished at the discretion of the Justices, as also any master or captain inveigling or enticing away any seaman belonging to another vessel before lawfully discharged. Ordered, on reading Dr. Geo. Hume's petition, that the whole matter be referred to common law. 6 pp. [Col. Entry Bk., XXXIV., 249–255.]
28 Oct.
Fort James.
646. Col. Francis Lovelace to [Jos. Williamson ?]. Thanks for Fort James. that light of intelligence he vouchsafes to favour them with, without which they were in Egyptian darkness; it is some satisfaction to hear what is acted in the theatre of their native country. Is sorry he cannot repay him in his own "quoine," here occurring nothing worthy his view, only those parts, over which he is constituted by his Royal Highness superintendent under him, seems to smile in a hopeful and thriving condition, their harbour being fuller with shipping than ever was known since the discovery was made; a little countenance from their mother would refresh them much, of which they can in no ways despair, having so worthy a patron as he to represent their condition to his Majesty and his Royal Highness. P.S. Desires his service to his good Lord Arlington, whose perfect servant he is. Endorsed, "for your self." Recd. 22 Dec. 1 p. [Col. Papers, Vol. XXVII., No. 41.]
Oct. 647. Journal and relation of a new discovery made behind the Apuleian mountains to the west of Virginia. A commission being granted by Maj.-Gen. Wood for finding out the ebbing and flowing of the water behind the mountains, in order to the discovery of the South Sea, Thomas Batts, Thomas Woods, and Robert Fallam, accompanied with Perecute, a great man of the Apomatock Indians, and Jack Nesan, formerly servant to Maj.-Gen. Wood, with five horses, set out from Apomatock Town, in Virginia, Sept. 1st, 1671, and that day travelled 40 miles due west from the Okenechee path; on Sept. 2 they travelled 45 miles; and on Sept. 3, 40 miles; Sept. 4, arrived at Sapong Town, where they were kindly entertained, and hired a Sapong Indian for their guide to the Totera Indian town; Sept. 5, went to Hanahaskie, Indian town in an island of the Sapong River, Richland, 25 miles from the Sapongs; Sept. 6, left Thos. Wood sick of a flux, and travelling over hilly and, stony ground, dangerously came on the 8th to a tree marked with a coal MA NI; Sept. 9, reached the Totera Indian town in a very rich swamp between a breach and the main river of Roanoke; Monday, Sept. 12, leaving their horses set forward afoot; and, Sept. 13, came to trees marked as before; climed a mountain, whence they had the pleasing but dreadful sight of mountains and hills piled one on another, passed rich but stoney ground, pleasant hills, brave rich meadows with grass above man's height, and several times passed a great river; Sept. 14, from the top of a hill saw a curious prospect of hills like waves rising one behind another, and Mr. Batts supposed he saw houses, but Mr. Fallam rather took them for white cliffs. Perecute continued very ill with ague; Sept. 15, lived a dog's life, hunger and ease, for the Indians could kill no meat, yet they ventured forward; Sept. 16, the Indians brought some exceedingly good grapes, and killed two turkeys and a deer, and they had sight of a curious river like the Thames against Chelsea; Sept. 17, the Indians being impatient of longer stay, they proclaimed King Chas. the Second, and marked four trees, the first, C. R., for his Majesty, the second, W. B., for the Governor, the third, A. W., for Maj.-Gen. Abraham Wood, and the last, T. B.: R. H., for themselves, and P. for Perecute, who said he would be an Englishman, and on another tree are letters for the rest. Found the river full as broad as the Thames at Wapping, with falls much like those of James River, in Virginia, and imagined it flowed about three foot; fearing the Indians would leave them they returned homewards, and from the top of a hill saw westerly, over certain delightful hills, a fog and a glimmering light as from water, and suppose there may be some great bay; came to the Toteras on Tuesday, and found a Mohetan Indian who was sent to inquire if they were come to fight with them; he informed them "they had been from the mountains half way to the place where they now lived, and that the next town beyond them lived on a plain level, from whence came abundance of salt," but any Indian that went down never returned, and that a very great company of Indians lived upon the Great Water; Sept. 21, left the Toteras, and the 24th came to the Hanahaskies, where they found Mr. Wood dead and buried, and the 25th reached the Sapongs, the 27th, Apomatock Town, and Oct. 1st arrived safe at Fort Henry. Endorsed, "1671. Recd March 1687, from Dr. Cox." Printed in New York Documents, III., 193–197. 20 pp. [Col. Papers, Vol. XXVII, No., 42.]
Oct. 648. Nine Acts and two Petitions made at a General Assembly held at St. Maries (Maryland), the 10th day of October, in the 40th year of the Dominion of Coecilius, &c., A.D. 1671, the titles of which are as follow:—(1.) An Act for explanation of one clause in an Act entitled an Act prohibiting the importation of all horses, mares, geldings, and colts into this Province, with an additional amendment therein. (2.) For marking highways and making the heads of rivers, creeks, branches, and swamps passable for horse and foot. (3.) Prohibiting all sheriffs, subsheriffs or deputy sheriffs, all clerks, sub-clerks, or deputy clerks to plead as an Attorney in any court or courts within this Province where he or they shall bear such office. (4.) For stay of executions after April Court. (5.) For the killing of wolves. (6.) Limiting servants' times. (7.) For the preservation of orphans' estates. Petition of Matthias Dewsta, of St. Maries. Petition of Hans Hansun, Cornelius Comegys, and others. (8.) An Act for the reviving of certain laws within this Province, and (9.) for the payment of the public charge of this Province.
Mem. These laws passed the Great Seal the 27th day of October 1671. Philip Calvert, Can. [Col. Entry Bk., Vol. LIII., pp. 224–255.]