America and West Indies
October 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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119-135

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'America and West Indies: October 1681', Calendar of State Papers Colonial, America and West Indies, Volume 11: 1681-1685 (1898), pp. 119-135. URL: http://www.british-history.ac.uk/report.aspx?compid=69852 Date accessed: 29 July 2014.


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Contents

October 1681

Oct. 1.
Barbados.
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.]
Oct. 1.
Barbados.
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.]
Oct. 1.
Newmarket.
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. XCIX., 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. Chamberlain, Secretary. Endorsed with a précis. Recd. 30 Jan. 1681[2]. 1 p. [Col. Papers, Vol. XLVII., No. 64, and Col. Entry Bk., Vol. LXVII., pp. 29, 30.] Annexed.
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 Vaughan, 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, 11th 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 2,000l. 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 consequences of military affairs till the morrow, 7th September. 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. 7 pp. Endorsed. Recd. 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,—(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. 11 pp. [Col. Papers, Vol. XLVII., No. 65.]
Oct. 1.
James City.
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 Bk., Vol. LXXXIV., pp. 95–97.]
Oct. 3.
St. Jago
de la Vega.
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. 1¼ pp. Inscribed, "Recd. 29 Dec. '81 per Capt. Johnson. Read 10 Feb. 1681–2." [Col. Papers, Vol. XLVII., No. 66, and Col. Entry Bk., Vol. XXX., p. 53.]
Oct. 4.
St. Jago
de la Vega.
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 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 1,000l. 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. Recd. 28 Dec. [Col. Papers, Vol. XLVII., No. 67.]
Oct. 4.247. Duplicate of foregoing, unsigned, and misdated 2nd October. Endorsed. Recd. 28 March 1682. [Col. Papers, Vol. XLVII., No. 68.]
Oct. 4.
St. Jago
de la Vega.
248. Sir Henry Morgan to Lords of Trade and Plantations. In substance, and to great extent in language, identical with the letter to Sir Leoline Jenkins in the preceding abstract. 2 pp Signed. Inscribed, "Recd. 1 Feb. Read 10 Feb. 1681–82." [Col. Papers, Vol. XLVII., 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. XI., 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 50l. in lieu of 10,000 lbs. of sugar voted to him for six months' salary on 20th October last; and 60l. for his salary from 29th March to 20th September last, also 10l. 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 consideration. (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 against severity. Address to Sir Richard Dutton carried (see next abstract). On the petition of Edward Rownton, ordered that John Hallett pay him 10l. 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. 111) be paid. Adjourned to 15th November. [Col. Entry Bk., Vol. XIII., pp. 450–454.]
Oct. 5.251. Address of the Assembly of Barbados to Sir Richard Dutton. 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 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. XLVII., No. 70.]
Oct. 8.
Whitehall.
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 encouragement 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. XLVII., No. 71, and Col. Entry Bk., Vol. LII., p. 55.]
Oct. 8.
Derby House.
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. ½ p. Endorsed. [Col. Papers, Vol. XLVII., No. 72.]
Oct. 11.254. 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.]
Oct. 12.
Whitehall.
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 Dutton'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 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 Dutton, 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 500l., 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. 2 pp. The two papers endorsed, Recd. 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.]
Oct. 12.
Whitehall.
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. XLVII, No. 74, and Col. Entry Bk., Vol. LII., p. 56.]
Oct. 14.
Whitehall.
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 it for His Majesty's service, and not otherwise. Signed, John Nicolas. 1 p. Endorsed with a précis. Seal gone. [Col. Papers, Vol. XLVII., No. 75.]
Oct. 16.
Council
Chamber.
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 Lords 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 Dutton's petition read (see ante, No. 223) on which the Lords do not think fit to make any report. [Col. Entry Bk., Vol. CVI., pp. 284–90.]
Oct. 18.
Council
Chamber.
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 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. CVI., 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 the 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 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. 1½ pp. Endorsement half lost. [Col. Papers, Vol. XLVII., No. 76, and Col. Entry Bk., Vol. LXXX., pp. 405–407.]
Oct. 19.
Whitehall.
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.]
Oct. 19.262. 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.]
Oct. 19.
Whitehall.
263. Additional Instruction to Sir Thomas Lynch. You will receive a declaration concerning laws passed, or to be passed, by Sir Henry Morgan, which declaration you will publish, if necessary, on your arrival (see preceding abstract). [Col. Entry Bks., Vol. XXX., p. 40, and Vol. XCIX., p. 91.]
Oct. 21.
Whitehall.
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. ½ 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 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. XLVII., Nos. 77, 77 I., and Col. Entry Bk., Vol. LXI., pp. 131–136.]
Oct. 21.265. Duplicate of foregoing Order in Council. [Col. Papers, Vol. XLVII., 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 1662 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 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. Papers, Vol. XLVII., No. 79.]
Oct. 25.
Council Chamber.
267. Journal of Lords of Trade and Plantations. Mr. Binckes' complaint against Sir R. Dutton for excluding him from his office of Clerk in 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. CVI., 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 firma. 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 isolated families. And there is now extreme apprehension of an invasion of the foreign Indians, particularly the Senecas, who are 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 Europ 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. There are plenty of reasons, both old new, for continuing that force. I hope your Lordships will remember the 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 the 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. Recd. 25 Oct. 1681. [Col. Papers, Vol. XLVII., No. 80, and Col. Entry Bk., Vol. LXXX., pp. 407–409.]
Oct. 27.
Council
Chamber.
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. CVI., pp. 295–296.]
Oct. 28.270. Acts of Jamaica passed 28th October 1681:—
Act for regulating building and preventing fire. [Col. Entry Bk Vol. XLIII., p. 52.]
Act encouraging the settling of this Island. [Col. Entry Bk., Vol. XLIII., 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. XLIII.. p. 63.]
Act for regulating fees. [Col. Entry Bk., Vol. XLIII., p. 65.]
Act for ordering boats and wherries, and for the better government 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 proceedings. [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. XLIII., p. 95.]
Act for raising a public impost. [Col. Entry Bk., Vol XLIII., 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 appointed 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.
London.
272. [Mr. Omes?] to Sir Thomas Lynch. You will find at Jamaica a very honest gentleman, Mr. James Backes, 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 you 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 Horne, 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, recommending one Mr. Banckes, a merchant in Jamaica. [Col. Papers, Vol. XLVII., 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 employment, he, "upon an agreement between them," nominated him his 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. Dutton'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 Binckes'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 be 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 200l., 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. Recd. 25 Oct. 1681. Read 31 Oct. 1681. [Col. Papers, Vol. XLVII., 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 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 agreement 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. 1 p. Endorsed. Read 31 Oct. 1681. [Col. Papers, Vol. XLVII., No. 83.]
Oct. 31.
Council
Chamber.
275. Journal of Lords of Trade and Plantations. The State of 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 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. CVI., pp. 297–300.]
Oct. 31.
Council Chamber.
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. ½ p. [Col. Entry Bk., Vol. LXXXII., p. 1.]
Oct. 31.
Council Chamber.
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 Bk., Vol. LXXXII., p. 2.]
[Oct. ?]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 11th 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. LXXXIV., p. 100.]