America and West Indies
January 1682

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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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179-191

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'America and West Indies: January 1682', Calendar of State Papers Colonial, America and West Indies, Volume 11: 1681-1685 (1898), pp. 179-191. URL: http://www.british-history.ac.uk/report.aspx?compid=69856 Date accessed: 01 September 2014.


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Contents

January 1682

Jan. 3.
Barbados.
357. Sir Richard Dutton to Lords of Trade and Plantations. I have received yours of 17th September last, and rejoice in your approval of me. I have now served the King forty years, and few men have exposed themselves to greater danger for him than have I. I have settled the Court of Exchequer with the office fees and without any charge to the King though much to his service, and have levied some tines which could not be recovered since Francis Lord Willoughby's time, by the rules of this Court. It is impossible to do anything effectual for the King without it, and to let it fall would much diminish the King's authority, which the Assembly is ever trying to invade. Moreover, I do not know how to dispose its business to any other Court without your particular directions, but I shall execute your orders to the best of my power. As to the Chancery and King's Bench I dispose of all causes there myself, which is not the practice in any other Colony and gives me a great deal of trouble. Nor can I put either or both of the offices in Commission, for that would throw everything into confusion. There would be no one who could exert any authority among them, for being all planters together every man thinks himself as good as his fellow. You will better understand the mutinous, ambitious temper of these people who generally aspire to popularity, when I tell you that had I commissioned (as at one time I had intended) any person in this Island to hold the last Grand Sessions, I believe (and the best opinions in this Island agree with mine) that they would have been so little able to defend the case entrusted to them, that they would have fallen together by the ears on the Bench, and given me more trouble than can be imagined. There is hardly a cause in the Island wherein judgment has been given by one of the Courts of Common Pleas, but there is an injunction or a writ of error prayed for, that the case may be submitted for my final determination. So that practically I have to hear all the causes in the Island. My disadvantages in such circumstances are great. My youthful training for the law was early diverted by my hastening into a military employment at the age of seventeen, as soon as the King had need of me, which was before Edghill. Since that time I have been faithfully and zealously employed in the same profession of a soldier, in which I expected to spend all my time in this place. However, I hope that you will think that I have done my best to do justice indifferently to rich and poor. The Courts of Common Pleas are held monthly in five precincts of the Island. I should have reduced them to two, which would be greatly to the benefit of the country, if I could, but the people love their old constitutions settled by law of the country, and would not hearken to it. Any attempt to recover a right of the Crown in these Courts is, they think, to do violence to themselves, for they have long persuaded themselves that all fines whatsoever should be appropriated to the use of the public and not of the King, though I have now made them understand better, namely, that all fines given to the public without appropriation to particular uses are understood to be given to the King. I see to all Admiralty cases myself, and being also Ordinary, I see also to that department, as, indeed, I do to all the rest of the Courts of Judicature, without one penny of advantage to myself. On the contrary, I am obliged to pay several clerks out of my own purse, which is a great hardship to me. Any employments fit to reward the deserving withal are engrossed by patentees who execute their duty by deputies, who deserve nothing from the Crown, and are a dishonour to it. I do not fail to send the laws and the proceedings of the Council and Assembly to you every quarter. I have no recollection of discharging any persons from public accounts; it is rather a point that I am particularly careful to refuse. As to the Habeas Corpus Bill, the Bill declaring when the laws of England shall come into force, and other Bills of the kind, I shall always refuse them whatever the pressure put on me, though, as you may see by the Assembly's late addresses to me, that pressure is great. I shall preserve the royal prerogative and do my duty without thanks in spite of the temptations of the Assembly. Since my arrival I have carefully informed myself as to the various administrations here since the expiry of Lord Carlisle's patent. Whenever the governorship has been vacant since that time the Deputies appointed to the place have striven to lessen the Royal prerogative and invade the rights of the Crown, knowing that their terms of power were short, and their oppor tunities of gaining popularity great. It must always be mischievous to the government if in the death or removal of any governor his authority shall descend on the eldest resident member of the Council. For should such an one be a native or a planter (and there are but two members of the Council that are not so), he generally affects popularity, being of slender fortune, mean parts, and consequently of no reputation, or, what is worse, of no loyalty and courage to support the Government. In such a case the King's interests would soon be brought to the same contempt as formerly, and to a much worse condition than that in which I found them, which was bad enough. If the King's affairs should ever again be in so unhappy a condition as to require the assistance of the Council, I am afraid that, owing to the system under which recent nominations have been made, I should find it a broken reed and unsafe pillar to rest on. I therefore suggest that for the future no man be nominated of the Council until you have a character of him from the Governor for the time being, for there is no one who can or will so faithfully represent his fitness or unfitness to you. And it should be provided that the candidate be neither a planter nor native, for a man who becomes either ceases to be useful to the Crown. I am sure that you will find this to be invariably true. And since, in the event of my death, the Government by my commission must needs fall into such ill hands, I cannot but let you know how perilous it would be, and beg the King to empower me, in case of sickness, to nominate as my successor the man who, I am assured, is best qualified for the place, and so to keep the Government in the present good disposition to which it has been brought, though not without difficulty, in respect alike of civil and religious matters. I protest that I have no motive in making this suggestion but the advancement of the King's honour. I have heard from Sir William Stapleton, who, in consequence of the attack of the Indians of St. Vincent and Dominica or Barbuda, asked for my leave (they being within my Government) to make war upon them, and for my assistance in so doing. I was obliged to answer him that I could do neither, being limited by my instructions not to make war, but that I would represent his wish to you. In my opinion this war should be undertaken, provided that we are so prepared as to carry it on vigorously even to the extirpation of these savages. I know not how it may be done, for I am well assured that the people of Barbados think the matter no concern of theirs. They are so little interested in the well-being of the Leeward Islands, which can never be useful to them, and are, as they think, growing too fast upon them already, that they would be well content to see them lessened rather than advanced. I do not expect that a man in the Island will concern himself with them, much less contribute towards such a war. A vessel came in yesterday that had been to St. Lucia to cut wood, but the natives had killed four of them and forced them to retire. I have therefore given orders that no more ships are to go thither but such as are sufficiently armed and manned to protect the labourers against such attacks. The Duke of Courland has sent a Governor with a couple of ships and about one hundred men to resettle Tobago. They touched here to obtain some necessaries, but if care be not taken to recruit them speedily the unhealthiness of the climate and their wants will soon drive them out of it, even though the Indians, who will not want for intelligence of their weakness nor for willingness to take advantage of it, should not attack them. Holograph. 7 pp. Endorsed with a long précis. Recd. 8 April 1682. Read same day. [Col. Papers, Vol. XLVIII., No. 1, and Col. Entry Bk., Vol. VII., pp. 110–117.]
Jan. 4.
Barbados.
358. The Clerk of Assembly of Barbados to [William Blathwayt]. Forwarding copies of the Assembly's proceedings, rules, and bills. Has not sent copies of several petitions which are unimportant; such petitions as called for the redress of grievances by the Governor and Council have doubtless been forwarded by the Secretary. Signed, John Higinbotham. Endorsed and inscribed. Recd. 28 March 1682. 1 p. [Col. Papers, Vol. XLVIII., No. 2, and Col. Entry Bk., Vol. VII., p. 118.]
Jan. 12.359. Fundamental Constitutions of Carolina. One hundred and twenty clauses. This is the second set of Constitutions. [Col. Entry Bk., Vol. XXI., pp. 23–42.]
Jan. 12.
Council
Chamber.
360. Journal of Lords of Trade and Plantations. Draft of Lord Culpeper's Commission and Instructious read and submitted to him for his comments. His objectious, if any, to be made in writing on the 19th instant.
Report concerning the Government of New Hampshire read and approved (see next Abstract). [Col. Entry Bk., Vol. CVI., pp. 333–334.]
Jan. 13.
Council
Chamber.
361. Lords of Trade and Plantations to the King. We have considered the condition of New Hampshire and perused the Acts and Orders of Council and Assembly recently received from thence, from which it appears that some persons in the Government have abetted divers irregular proceedings inconsistent with your service and with the settlement of the country. We find most of the public Acts unequal, incongruous and absurd, and the methods of the Council and Assembly in establishing the same so disagreeable and repugnant to the terms of your Commission, that we see no hope of a settlement unless you appoint a faithful and capable man as Governor to carry out such regulations as you think fit. And we recommend this as the best means to prevent further irregularities and to render the country useful to the Crown and able to defend itself against foreign invasion. Signed, Ailesbury, Craven, Clarendon, Fauconberg, L. Jenkins, Edward Seymour. [Col. Entry Bk., Vol. LXVII., pp. 30, 31.]
Jan. 16.
Whitehall.
362. Order of the King in Council. That since the ships that take the pay for the foot companies in Virginia are still in the Downs, pay for three months more, to 1st April, be sent out to them. [Col. Entry Bk., Vol. LXXXII., p. 9.]
Jan. 17.
Mile End
Green.
363. Sir John Berry to William Blathwayt. Your letter of 12th instant came to me when I was at death's door with a violent fever. I am so weak that I cannot attend the Lords of Trade and Plantations on Thursday as ordered. I have no papers in my possession which concern Mr. Beverley, Mr. Hill, or any other persons in Virginia. All the papers we had were in the custody of Colonel Moryson, who told me before his death that he had made them over to the Council Board. Signed, John Berry. Postscript—If you tell me what papers you want I may be able to satisfy you by memory. Inscribed, "From Mr. Berry" [? Sir John]. Endorsed. Recd. 18 Jan. 1681–82. 1 p. [Col. Papers, Vol. XLVIII., No. 3.]
Jan. 17.
St. Jago de la
Vega.
364. Extract from Minutes of Council of Jamaica. Sir Henry Morgan and seven members being present, the petition of Captain Peter Paine, of the French King's ship La Trompeuse, was read and the Captain called in. His contract being translated and entered on the Council Book, it was in a debate unanimously resolved that he should be received into the King's protection and naturalised, on his engaging to use his best endeavours to return his ship to the French King. Copy. Signed, Rowland Powell, Cl. Concil. ½ p. Inscribed and endorsed. Recd. 16 Aug. 1682. [Col. Papers, Vol. XLVIII., No. 4.]
[Jan. 17.]365. Copy of Peter Paine's agreement with the French King for the hire of the ship La Trompeuse. 2 pp. French. Endorsed, "Recd. from Sir Henry Morgan, May 1682." [Col. Papers, Vol. XLVIII., No. 5.]
[Jan. 17.]366. Petition of Captain Peter Paine, of the French ship, La Trompeuse, to Sir Henry Morgan. Petitioner hired his ship of the French King, and hearing of the inhuman treatment of the Protestants in France, of which he is one, has resolved to send back his ship and pay all that is due under his contract, and to ask for leave to settle with the English and for English protection. Copy, certified by Rowland Powell. 1 p. Endorsed, "Recd. 16 Aug. 1682;" also with particulars of the ship. [Col. Papers, Vol. XLVIII., No. 5A.]
Jan. 17.
Jamaica.
367. The Council of Jamaica to Lords of Trade and Plantations. We have with all possible care endeavoured to pursue the King's instructions for the calling of a General Assembly to make laws conducing to his service and acceptable to his subjects here. The difficulties which we have encountered by frequent disputes have been the cause of several prorogations before we could pass the body of laws which we now transmit. And though we have so closely followed the Royal orders as to admit nothing contradictory to them, yet necessity has forced us to consent to some things which our judgments disapproved; but we hope that our reasons will be found valid by you. The Assembly refused to ascertain the jurisdiction of the Admiralty by a provision in the Act for the boundary of parishes, upon which the whole clause that clashed with it was left out, and the jurisdiction referred to the decision of the law. As for the Bill for ascertaining the rates of negroes, the Assembly, on our producing the King's Order in Council for the same, were so fond of it that no other business could be done till that was adjusted. Nevertheless the Bill that they prepared being different in some points from the intent of the said order, we contested the same, and being unable after several conferences to bring them to consent to our reasonable amendments, we rejected it. Another being afterwards proposed more agreeable to the said order we could not but agree to it. The Assembly would by no means consent to the last proviso directed to be inserted in the Militia Bill. The more plausible we tried to make it the more jealous they were of it, as if it rendered not only that Bill but all our other laws ineffectual. Considering that the Bill must have fallen, unless accommodation could be made by some after clause to secure them from such illegal uses as they thought might be made of that proviso, we were forced to consent to the clause that concludes the Act. As to the Revenue Bill, our difficulties were so many that we shall trouble you only with those that were most contested. First there was the application of a thousand pounds per annum to the fortifications, which we should have preferred to be done by the King's instructions rather than in virtue of the Act. But to this the Assembly would not agree, saying that it knew by long experience the little care taken for the reparation of the forts, especially as the six hundred pounds a year allowed by the King to that end out of the English Establishment had never yet, nor any part thereof, been applied thereto. Our second objection was against annual Assemblies, as intrenching on the Royal Prerogative. They replied with great submission that they intended nothing of the kind, and beg that this might be understood, protesting that their only object was to give themselves the power of representing any grievances or oppressions to the King; a thing which as private individuals they could not do without risk of being accounted seditious. Our third objection was against the tacking of the body of laws to the Revenue Bill. They answered that they had spent much time and money in making several bodies of laws, some of which were sent home for the King's confirmation; but that owing to the distance of Jamaica, the pre-occupation of the ministers at home with more important affairs, and the inability of the Colony to afford the expense of a solicitor constantly to watch its interests, none of these laws have been confirmed. The delays have been such that laws have often expired before the King's pleasure was known or the Assembly could have an opportunity of reviewing them, which has caused the Government great and unavoidable difficulties. To avoid such trouble in the future they could think of no better expedient than to tack the laws to the Revenue Bill. The two years limited for their ratification they judge a sufficient time for the signification of the King's pleasure. We rejoined, and backed our argument with several reasons, that they had no ground to distrust the King's confirmation of the laws, as they had hitherto followed his directions in all respects, and that the only thing really to be feared was that this and the former clauses might create exceptions not only against the Bill itself but against the whole body of laws, thus bringing about the very evil which they causelessly dreaded. Nevertheless, they insisted on it as the sense of the whole house, adding that the foregoing clauses were the great, if not the only, motives which led them to pass the Bill for seven years. Beyond that time no arguments could prevail with them to extend it. Whereupon, considering the impossibility of obtaining the Bill and the other laws that depended on it on any other terms, the ruinous state of the forts and the difficulties of the Government for want of revenue and laws, we thought best to accept the Bill on these terms rather than lose it, for we had reasons to believe that the same conditions would be revived for the Bill on a future occasion, if we should reject it on the present. We hope that these explanations will satisfy you for our behaviour, and that the King will confirm the laws and apprise us to that effect within a reasonable time. Signed, Chas. Modyford, Ro. Byndloss, Jo. Cope, Tho. Ballard, John White, J. Fuller, The. Cary. Inscribed and endorsed. Recd. 28 Oct. 1682. 5 pp. [Col. Papers, Vol. XLVIII., No. 6, and Col. Entry Bk., Vol. XXX., p. 56–61.]
[Jan. 17.]368. List of the Acts of Jamaica enclosed in foregoing letter (see ante, Nos. 160, 215, 270). Recd. 25th May 1682. [Col. Entry Bk., Vol. XXX., pp. 61–63.]
Jan. 19.
Council
Chamber.
369. Journal of Lords of Trade and Plantations. Sir NicholasCrisp and other Patent Officers of the Customs attend with an account of goods exported and imported to and from the Colonies withn the port of London for the month of October last (see No. 279). They represent the great inconvenience that may happen to the King's Customs in England if the bonds which are given in Virginia by masters of ships for making true entries there should be put in execution in Virginia, upon information to be gathered from these accounts, inasmuch as masters of ships, being terrified thereby, would venture to run their goods and defraud the King's Customs in England, where they pay five pounds for what is chargeable with but two shillings in Virginia. The Officers of Customs also pointed out that their frequent attendance on the Committee in this question has much alarmed the merchants and induced them of late to make their entries in other names. The officers being then withdrawn, the Lords agree that the Commissioners shall continue to furnish these monthly statements, not only from London, but from the outports and from their collectors in the Colonies.
Lord Culpeper attends and asks for powers to appoint so many Councillors upon a vacancy as will make up the number of nine instead of seven, as directed by his Commission. The Lords agree to report this to the King in Council. As to the manner of restraining the Assembly of Virginia from meeting till Lord Culpeper's arrival, agreed to write to Sir Henry Chicheley forbidding him to call an Assembly without the consent of at least seven of the Council. [Col. Entry Bk., Vol. CVI., pp. 337–339.]
Jan. 20.370. The King to Sir Henry Chicheley. As Lord Culpeper will shortly start for Virginia, you will call no Assembly, except for urgent and need, and with consent of seven of your Council, until 10th November. [Col. Entry Bk., Vol. XCIX., p. 96.]
Jan. 21.
Council
Chamber.
371. Journal of Lords of Trade and Plantations. Draft of letter to Sir Henry Chicheley read and approved, ordering the Assembly not to meet till 10th November. Lord Culpeper's instructions read, and that respecting the freedom of Virginian ships left out. The Virginian Act for Appeals of 1661 ordered to be repealed. On the question of appeals the Lords think fit that they be made to the King in all cases exceeding one hundred pounds, and, that appeals may not be made too frequently, and for matters of small value, to the Governor and Council, it is thought fit to provide by an instruction that the Governor and Council propose to the Assembly to settle the best methods for regulating appeals to the Governor and Council. On reading the instruction for Christian servants the Lords do not think that land should be set out for them at their importation, but fifty acres on their becoming free. Agreed that the Governor and Council may raise the value of foreign coins by proclamation, provided that all moneys due to the King and Government be paid in sterling, and that this be inserted in the instructions. Sir John Berry being unwell the business of Robert Beverley is deferred till he be well enough to attend. The instruction concerning the proceedings and declaration of the Assembly to Colonel Jeffreys ordered to be inserted, with the further directions given therein in Council on 21st December last. [Col. Entry Bk., Vol. CVI., pp. 339–340.]
Jan. 21.
Council
Chamber.
372. Report of Lords of Trade and Plantations to the King. We have prepared Lord Culpeper's Commission, wherein it is provided that if, from any causes, there be less than seven Councillors residing on the spot, the Governor shall have power to create sufficient Councillors to make up the number to seven. Lord Culpeper, however, wishes to change the number seven to nine. We beg directions. Mem.—Report approved, and order given that the number be changed to nine. [Col. Entry Bk., Vol. LXXXII., p. 14.]
Jan. 21.373. The King to Sir Henry Chicheley. As Lord Culpeper will shortly return to Virginia we have directed him not to call another Assembly till the 10th November, unless by the consent of seven of your Council you find it necessary. ½ p. [Col. Entry Bk., Vol. LXXXII., pp. 11–12.]
Jan. 23.
Council
Chamber.
374. Journal of Lords of Trade and Plantations. Mr. Mason's address to the King read, offering to surrender a fifth part of his estate in New Hampshire, which is, or shall be, recovered by him. Agreed to present the same to the King in Council, with a suggestion that the King be pleased to enable Mr. Cranfield to go and settle himself in that Government [Col. Entry Bk., Vol. CVI., p. 341.]
[Jan. 23.]375. Robert Mason to the King. Since you have appointed Mr. Cranfield to be Governor of New Hampshire, whereof the proprietary of the soil is vested in me, I must express my sense of the advantages that will arise to me and to all from this arrangement. To ease the cost of Government, I think myself bound in duty and gratitude to contribute liberally thereto, and I therefore offer one-fifth of all rents, revenues, and profits, arising not only in that part of the province which is now under your authority, but also in that which is unjustly kept by Massachusetts. I also surrender to you all fines and forfeitures praying that they may be allotted to the support of the Government. When Governor Cranfield is established in authority, he with the Council and Assembly will be able to raise additional revenue. Copy. 1½ pp. Endorsed. Read Jan. 23, 1682–83. [Col. Papers, Vol. XLVIII., No. 7.]
Jan. 24.376. Minutes of Council of Barbados. Edwyn Stede sworn of the Council. His Excellency summoned the Assembly and told them that as they had sat for ten months he thought they might have provided some useful Bills, but as they had not he dissolved them. Declaration of the Governor in justification of his action. Dated, 28th January 1682. 5½ pp. [Col. Entry Bk., Vol. XI., pp. 500–506, and a second entry on p. 513.]
Jan. 24.377. Journal of Assembly of Barbados. The House was summoned by the Governor. Resolved that in its return it prepare a bill for raising a public levy. On attending his Excellency he declared his intention of dissolving the House and dissolved it accordingly. [Col. Entry Bk., Vol. XIII., p. 470.]
Jan. 24.
Barbados.
378. The Clerk of Assembly of Barbados to William Blathwayt. Reporting dissolution of the Assembly and forwards its proceedings on the day of dissolution. Signed, John Higinbotham. Endorsed and inscribed. Recd. 28th March 1682. [Col. Papers, Vol. XLVIII., No. 8, and Col. Entry Bk., Vol. VII., p. 119.]
Jan. 25.379. Copies of Commissions issued to Thomas Thurton and Walter Barefoot by Edward Randolph, appointing them his deputies in New Hampshire. The first dated 25th January, the second 8th March 1682. Certified by Richard Chamberlain. 3 pp. Endorsed, "Recd. from Mr. Mayer, 4th December 1686." [Col. Papers, Vol. XLVIII., No. 9.]
Jan. 26.
Maryland.
380. Affidavits of Robert Carvill and of G. Vansweringen about the proceedings and condemnation of the ship Liverpool, they being two of the Justices appointed for that special Court. Five long sheets. Signed, Philip Calvert, Canc. before whom the affidavits were sworn, 26th January 1681–82. Endorsed. [Col. Papers, Vol. XLVIII., No. 10.]
Jan. 26.381. Minutes of Council of Virginia. Proclamation proroguing the Assembly from the 15th February to the 18th April 1682. [Col. Entry Bk., Vol. LXXXIV., p. 98.]
Jan. 27.
Council
Chamber.
382. Journal of Lords of Trade and Plantations. Sir Jonathan Atkins' report touching the state of Barbados read (see ante, No. 311). Ordered, That it be compared with former accounts sent by him. Several papers transmitted by the Lords of the Treasury respecting Christopher Rousby. The Report of the Commissioners of Customs on the whole matter read, together with a letter from Lord Baltimore to the Lord Privy Seal complaining of Mr. Rousby (see ante, No. 129). Mr. Rousby is called in, who declares on oath that he left Maryland on the 11th June, and had been with Lord Baltimore for several days before his departure. Lord Baltimore had not charged him with any accusation, though he had published his intended departure four months before. Fourteen days before his departure Lord Baltimore proposed a match for him with one Mrs. Babington, so far was his Lordship from showing any mark of displeasure with him. The Lords agree to report that, having examined the whole matter, they think Lord Baltimore has proceeded in a very unusual manner by charging Mr. Rousby in his absence, without giving him any notice of his accusations before his departure from Maryland, and that he has not sent sufficient proofs of his charges to gain them credence. All of which will be written in a letter now preparing to Lord Baltimore (see post, No. 403).
Several depositions sent by Sir William Stapleton in his letter of 16th August last, concerning a Spanish man-of-war that had plundered an English ship, were read, Their Lordships will recommend that copies be given to the Spanish ambassador and satisfaction asked for the same. On Sir William Stapleton's proposal to devote the fifteen hundred pounds allowed to him to the building of one fort, the Lords agree and hope that the people will contribute voluntarily to build a fort in each island. [Col. Entry Bk., Vol. CVI., pp. 343, 344.]
Jan. 27.383. Commission to Lord Culpeper as Governor of Virginia. Clause 3 gives power to suspend Councillors. Clause 6 excludes displaced Councillors from the Assembly. Clause 22 gives power to pursue enemies outside the limits of the Colony. Clause 32 forbids the Governor to fill up offices granted under the Great Seal of England except temporarily. Thirty-seven clauses in all. Great Seal affixed 27th November 1682. [Col. Entry Bks., Vol. LXXXII., pp. 15–29, and Vol. XCIX., pp. 97–106.]
Jan. 27.
Whitehall.
384. Instructions to Lord Culpeper. Eighty-two articles. The most noticeable points are:—Article (14.) All fines and forfeitures are to be declared to be payable to the King. (15.) All Acts for permanent purposes are to be indefinite. (31.) The Assembly is to be advised to do away with taxes levied by poll, and (32) to raise an impost on imported liquors, and (33) to settle a more certain and reasonable allowance of taxes on tobacco. (35.) Salaries of Members of Assembly are to be reduced. (64.) No appeals are to be allowed from the Governor and Council to the Assembly. Appeals are to be allowed to the King and Privy Council in matters where 100l. and upwards is at issue. (65.) The Governor is to endeavour to pass laws to restrain inhuman severity towards white servants or black slaves. (68.) The building of towns is to be specially encouraged, and no ships are to unload except at towns. Jamestown is to be headquarters. The King will take it well of the chief inhabitants if they build a house or two there. (72.) The planting of vines, silk, hemp, and flax is to be encouraged. (73.) The Council, and, if thought fit, the Assembly also, may be consulted as to the expediency of putting restraint on the planting of tobacco. Against each article of the original are Lord Culpeper's marginal notes, for which see under 20th September 1683. [Col. Papers, Vol. XLVIII., No. 11, and Col. Entry Bks., Vol. LXXXII., pp. 30–61, and Vol. XCIX., pp. 107–122.]
Jan. 30.385. Petition of Philip Dogherty and Richard Roerty, "newly returned from servitude at Mexico," to Sir Henry Morgan. Petitioners were at Trist, in the Bay of Campeachy, 13th May 1680, when Captain Don Philip Barrera, General of the King of Spain's armada in those parts, ordered them, with about sixty more English, to surrender to him as they expected the safety of their lives. Petitioners and the rest did so, being destitute of everything, having lost all their ships captured by the Spaniards while they were ashore. But before surrender Barrera gave them assurance under his hand that, within two months after their arrival at the port of Campeachy, he would furnish them with a vessel, thoroughly equipped, to transport them to Cayenne or Jamaica. But, breaking his agreement, Barrera drove the whole of the English on board two small armadillas, where they were immediately clapped in the hold till they arrived at Vera Cruz from Campeachy, after staying at Campeachy for six days in most loathsome dungeons. At Vera Cruz they were kept for six weeks together carrying sand without intermission, even on Sundays, and from there were transported to Mexico on news of the arrival of the Plate fleet, and the Marquis de Laguna, the new Viceroy. There they were sold for life to clothworkers, though previous to the arrival of the fleet they had been designed for the Philippines. When petitioners were sold there were not less than a hundred and seventy disposed of at the same time. They were used with more severity than negroes, and when any of them happened to die the naked corpse was dragged through the streets of the city, then cut in pieces and thrown in the field Alborado to dogs and fowls of the air. Petitioners pray that their case may be represented to the King for their relief. "Sworn before me," 30th January 1682. Signed, Henry Morgan. 1½ pp. Inscribed and endorsed. Recd. 22nd May 1682. [Col. Papers, Vol. XLVIII., No. 12.]
Jan. 30.386. Duplicate of foregoing. [Col. Papers, Vol. XLVIII., No. 13.]
Jan. 30.387. Copy of foregoing. [Col. Papers, Vol. XLVIII., No. 14.]
Jan. 31.388. Journal of Lords of Trade and Plantations. Petition of William Fisher, of Tercera, read (see No. 183). Lord Culpeper declared the allegations therein to be true, and that the Government of Virginia had been backward in doing him justice. Agreed to recommend that Sir H. Chicheley report on the case. Lord Culpeper represented that, by the Virginian Indemnity Act, several followers of Bacon were still incapable of holding office under Government, and pointed out Messrs. Sherwood and Langston of them as fit to receive the King's pardon. The Lords did not agree that they deserved pardon.
Agreed that Sir William Stapleton be ordered to report his reasons for condemning the Act for extending lands of Antigua.
The Lords agreed to submit the clauses respecting legislative power in the Governors' commissions to the Crown law officers, with the following question:—If a law be made by the legislative power aforesaid without being afterwards confirmed or disapproved by the King, and a law being thereupon passed to repeal that first law, the King think fit to make void that repeal; in such case is the former law revived or restored to its full force as if it had never been repealed? [Col. Entry Bk., Vol. CVII., pp. 1–3.]
Jan. 31.
Council
Chamber.
389. Report of Lords of Trade and Plantations to the King. Submitting draft of the following letter from the King to the Commander-in-Chief of Virginia. We have received a petition from William Fisher, residing in the Island of Tercera (see ante, No. 183), complaining of sundry unjust acts done to his prejudice, which on inquiry we find to be in great part true. We therefore signify to you our resentment of these irregular and unwarrantable proceedings, and require you to examine and report to us why notice has for so long been denied to the petitioner. [Col. Entry Bk., Vol. LXXXII., pp. 63–65.]
Jan. 31.
Barbados.
390. The Secretary of Barbados to Lords of Trade and Plantations. Forwarding quarterly returns. III weather has detained the ships till now, so has sent all transactions up to the dissolution of the Assembly. 1 p. Endorsed and inscribed. Recd. 5th April 1682. [Col. Papers, Vol. XLVIII., No. 15, and Col. Entry Bk., Vol. VII., pp. 117–118.]
Jan. 31.391. Lord Baltimore to William Blathwayt. I send you herewith the trials of Captain Josias Fendall, Captain John Coode, and Lieutenant George Godfrey. I beg that the Lord Privy Seal and Secretary of State may peruse them. The apprehension of these three men made my enemies report by letters last summer that I was violent against the Protestants here, and that upon groundless jealousies and bare suspicion I had committed six or seven Protestants. Had not these three persons been secured in time you would soon have heard of another Bacon; and then, possibly, the wickedness of these fellows would have been charged to the Papists as designing to be quit of the Protestants, under which pretence these persons began to act. Time, the mother of truth, will, I hope, remove these impressions which my enemies have endeavoured to beget in the Lords of the Council to my prejudice, and I trust your kindness also. Signed, C. Baltemore. Holograph. 1 p. Endorsed. Recd. 15 April 1682. The letter is dated and also endorsed 32 January (sic). Annexed,
391. I. The trial of Josias Fendall before six Justices at the St. John's, 15th November 1681, for scandalous, mutinous and seditious practices and speeches. Verdict, guilty. Sentence, fine of 40,000 1bs. of tobacco to Lord Baltimore; imprisonment till fine paid. Signed, Philip Calvert. The trial is reported to the minutest word. 19 quarto pages in a beautiful hand. On the first page is a letter, as follows: Lord Baltimore to William Blathwayt. This is the trial of Josias Fendall, who in 1659 was my father's Lieutenant-General and Chief Governor of Maryland, but having most perfidiously broken his commission and taken another from the country, was fined and declared incapable of holding further office in the country. This was the utmost punishment my father's justices would inflict on him. Since then he has endeavoured mutiny as opportunity offered, and this last July had almost brought matters ripe for it. Being esteemed a subtle, cunning person it was expected that he would make a great defence. I ordered the Clerk of the Council, John Llewellin, who writes shorthand, to sit with the Clerk of the Provincial Court and report the trial for the satisfaction of persons here, and I am glad that I did so, for now it is before you, and will, I request, be laid before the Lords of Trade and Plantations. Signed, C. Baltemore. 22 Jan. 1681–82. Holograph. 1 p
391. II. The trial of Captain John Coode at the Provincial Court of Maryland, on 8th November 1681, for mutinous and seditious words and practices against the Lord Proprietor. Verdict, Not guilty. Ordered by the Court that he give security for his good behaviour and appearance at the next General Court. On same sheets,
The trial of Lieutenant George Godfrey on the 14th November for seditious speeches and practices and attempts against the person of the Lord Proprietor. Verdict, guilty. Sentence, death. Signed, Philip Calvert. Inscribed, "About a week after Godfrey was condemned I gave him pardon for life, and he remains in prison for the rest of his days. He was a Justice of the Peace and lieutenant of a troop of horse, and was actually in the service of the province when he was designing to fetch Fendall out of the hands of C. Baltemore. The whole, 6 pp. Endorsed by Lord Baltimore. Recd. 15 April. [Col. Papers, Vol. XLVIII., Nos. 16, 16 I., II.]
[Jan. 31?]392. The oath of fidelity to the Lord Proprietor of Maryland. 1½ pp. Undated. Perhaps sent with reference to the trial of George Godfrey. [Col. Papers, Vol. XLVIII., No. 17.]
Jan. 31.393. Samuel Wilson to William Blathwayt. I waited on you last week about the boundaries of Virginia and Carolina, when you told me Lord Culpeper had the paper submitted by the Lords Proprietors. The Proprietors think their proposals reasonable. Pray recover the paper and send it back to me. If the business be not settled now we never know when we may have another so good an opportunity. Signed, Sam. Wilson. Endorsed. Jan. 31. ½ p. [Col. Papers, Vol. XLVIII., No. 18.]