America and West Indies
September 1681

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Institute of Historical Research

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J. W. Fortescue (editor)

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1898

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105-118

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'America and West Indies: September 1681', Calendar of State Papers Colonial, America and West Indies, Volume 11: 1681-1685 (1898), pp. 105-118. URL: http://www.british-history.ac.uk/report.aspx?compid=69851 Date accessed: 02 October 2014.


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Contents

September 1681

Sept. 1.
H.M.S.
Antelope.
Bay of Bulls,
Newfoundland.
212. Captain James Story to [William Blathwayt?]. Since my arrival I have been myself to southward and made what observations I could of the country and trade, sent an officer northward to do the like there, which reports I now send for the Lords of Trade and Plantations. Holograph. 1 p. Endorsed. Recd. 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. 1sle 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 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 themselves 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 500l. 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 vension, which they salt down for the winter. They return about 1st May. Petty Harbour, three ships. Bay of Consumtion, 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. [All 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 guns 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, any 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. Recd. 14 Oct. 1681. Read 31 Jan. 1681[2]. [Col. Papers, Vol. XLVII., Nos. 52, 52I.]
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. XLVII., No. 53.]
Sept. 3.
Council
Chamber.
214. Journal of Lords of Trade and Plantations. Sir Henry Morgan's letter of 2nd July (ante, No. 158) read. Names of several persons for the Council of Jamaica read, approved, and ordered to be inserted in Sir Thomas Lynch's instructions. [Col. Entry Bk., Vol. CVI., 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. XLIII., p. 26.]
Act ascertaining quit rents and the manner of the receipt thereof. [Col. Entry Bk., Vol. XLIII., p.28.]
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 10l. 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. 46.]
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. 49.]
Sept. 5.
Barbados.
216. Governor Sir Richard Dutton to the King. This being 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 good 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 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 hope 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 Majesty's most," & c., &c. Ri. Dutton. Holograph. 2pp. Endorsed. For substance of enclosure see No. 218. [Col. Papers, Vol. XLVII., No. 54.]
Sept. 5.
[Barbados.]
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 recommended them to the King's favour. Holograph. 1p. [Col. Papers, Vol. XLVII., No. 55.]
Sept. 5.
Barbados.
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 dishnour 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 attendance ever seen in the Island, and all performed with great solemnity. The gaol was very great with malefactors of all sorts, so I had 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 so 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 Commission 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 should put others in their places. This reason was communicated to some of the Magistrates of Boston. Waldern, Martyn, and the rest went to the President and declared their acceptance of the Commission, 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 21st 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 100l. paying more than others worth 1,000l. 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 11th 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, 6 Sept. 1681. Read again, 10 Sept. [Col. Papers, Vol. XLVII., p. 57.]
Sept. 6.
Council
Chamber.
220. Journal of the Lords of Trade and Plantations. Agreed that Sir Richard Dutton appoint such person as he judges best 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. 136).
Letters from Sir Thomas Lynch read, asking that no patent may pass for any place in Jamaica without their Lordships' knowledge and approbation. Agreed that the methods settled for Barbados be observed. [Col. Entry Bk., Vol. CVI., pp. 277–279.]
Sept. 6.221. Minutes of Council of Barbados. Ordered that all the Marshals of the Court of Common Pleas 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 Codrington 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. XI., pp. 421, 422.]
Sept. 7.
Whitehall.
222. Order of the King in Council. On reading the petition of 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 Dutton 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 2,000l. on his outfit as Governor of Barbados, and received nothing, prays for power to put into suit all such bonds entered into in 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, "Recd. Oct. 16, 1681. Laid aside." [Col. Papers, Vol. XLVII., No. 58.]
Sept. 7.224. The King to Sir Henry Morgan. Revoking his commissions of Lieutenant-Governor and Lieutenant-General of Jamaica. Signed L. Jenkins. 1 p. [Col. Entry Bk., Vol. XCIX., p. 88.]
Sept. 7.225. The King to Sir Francis Watson. Revoking his commission as Major-General of Jamaica. Signed L. Jenkins. 1 p. [Col. Entry Bk., Vol. XCIX., p. 89.]
Sept. 7.
Whitehall.
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. XCVII., pp. 75–78.]
Sept. 8.
Whitehall.
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 this 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 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 18l. 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 100l. upward to lie to the Governor in Council; further appeals admitted to the King in Council when the sum involved exceeds 500l. 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 provisionally 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 discretion. 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 2,000l. a year, Major-General 300l. a year, Chief Justice 120l. a year, to be paid out of the revenue. Other judges and their officers to be paid by fees. Captain commanding the fort to receive six shillings a day. Clause 60. Permission to assent to a law providing a sum not exceeding 300l. 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. All complaints against the Governor to be submitted in writing. Signed L. Jenkins. [Col. Entry Bks., Vol. XXX., pp. 17–39, and Vol. XCIX., pp. 64–82.]
Sept. 10.
Council
Chamber.
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 Gillman 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 Bk., Vol. CVI., pp. 279–282.]
Sept. 14.
Whitehall.
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. ½ p. [Col. Papers, Vol. XLVII., No. 59.]
Sept. 14.
Barbados.
230. Return of Imports from 14th June to 14th September 1681, and shipping from 17th June to 17th September 1681, with a supplementary return of "sundry invoices." [Col. Entry Bk., Vol. X., Nos. 11, 12, 13.]
Sept. 17.
Council
Chamber.
231. Lords of Trade and Plantations to Governor Sir Richard Dutton. We have considered your letters of 30th May and 14th 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 ability and behaviour. Signed, Ailesbury, Bath, Clarendon, Craven, J. Ernle, L. Jenkins, H. London, Worcester. 2½ pp. [Col. Entry Bk., Vol. VII., pp. 85–89.]
Sept. 17.
Council
Chamber.
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. CVI., 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. XLVII., pp. 1–15.]
Sept. 21.
Barbados.
234. The Secretary of Barbados to Lords of Trade and Plantations. Transmitting quarterly returns of the transactions of his office. Signed, Edwyn Stede. Inscribed and endorsed, "Recd. 21 Nov. 1681." ½ p. [Col. Papers, Vol. XLVII., No. 60, and Col. Entry Bk., Vol. VII., p. 107.]
Sept. 29.
Council
Chamber.
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.]
Sept. 29./Oct. 9.
Newmarket.
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. 1½ pp. Noted in the margin, "Touching the ship Royal of Rochester" (sic). [Col. Papers, Vol. XLVII., No. 61.]
Sept. Whitehall.237. Lords Proprietors of Carolina to [Governors of Ashley River and the north part of the province]. Mr. Seth Southbell 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. ½ p. Signed, Craven, Shaftesbury, P. Colleton. The day of the month is left blank. [Col. Entry Bk., Vol. XX., p. 175.]
Sept.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. VII., p. 108.]