America and West Indies
March 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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201-213

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'America and West Indies: March 1682', Calendar of State Papers Colonial, America and West Indies, Volume 11: 1681-1685 (1898), pp. 201-213. URL: http://www.british-history.ac.uk/report.aspx?compid=69858 Date accessed: 30 July 2014.


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March 1682

March 1.426. Minutes of Council of Virginia. Writ to summon the Assembly on 18th April 1682. Extract from Lord Culpeper's letter to Colonel Bacon. If I should not come by the 15th December call the Assembly for some day between 10th and 23rd April. [Col. Entry Bk., Vol. LXXXIV., pp. 99–100.]
March 3.
Whitehall.
427. Order of the King in Council. Report of Lords of Trade and Plantations. The officers of the port of London sent us a month's account of imports and exports for October last, but represent that the work of preparing it was very troublesome and expensive, and therefore beg to be excused in future from drawing up similar returns, or to be allowed a competency for doing so. We recommend that these officers, who hold their posts by patent, should be summoned to this Board to receive your decision. Dated 28th February 1681–82. Ordered thereupon that the officers without any further excuse or delay furnish the monthly return regularly in future, in the same form as that already furnished. [Col. Entry Bk., Vol. XCVII., pp. 81–82.]
March 4.
Charlestown.
428. Journal of Assembly of Nevis. The Acts sent home were confirmed by the Council and Governor. Proposals drawn up at the last meeting of Assembly were submitted to the Governor and Council, and answered as follows: Proposal for quarterly survey of powder imported and expended. Accepted. Proposed to view the table of fees to prevent exactions. Done already. Proposed to enter cider in the Act of liquors to be sold by taverners at 7½d. per quart. Entered already. Proposed to insert Morton Bay in the Act for suppressing stills. Already done. Proposed to inspect every merchant's house, and see whether he has 56 lb. of powder in his house according to Act. Inspectors appointed. Proposal that negroes, cattle, mills, &c., be appraised under the Act concerning outcries as well as lands and houses. Proposal that all persons shall plant corn proportionable to their families. Deferred. Counter-proposals of the Governor and Council to the Assembly: That all men from fourteen to sixty years of age appear in arms, and that on alarms negroes be armed with lances. Ordered. That there be a penalty on men who put their slaves or servants to work on the Sabbath. Ordered to remain unaltered. Concerning baulking of actions in Court. Deferred. Concerning privileges of Assemblymen. Ordered to remain unchanged. Concerning an increase of still licences. Ordered. Slaves not to be taken off their masters' plantations without consent of the Assembly. There is an Act to the contrary. Concerning unauthorised payments by the Treasurer. Ordered to remain unchanged. Concerning renewal of the Act for not trading with negroes. Ordered. Concerning penalties for poisoning of pounds [? ponds]. Ordered to be reduced to an Act. Concerning bonds given in security for persons leaving the Islands to the creditor or creditors to whom they are indebted. Ordered that a new form of bond be drawn up for next meeting. Petition of Ebenezer Kirtland for remission of his predecessor's debt to the Government. Granted, but not to be made a precedent. [Col. Papers, Vol. XLVIII., No. 23.]
March 5.
Council
Chamber.
429. Lords of Trade and Plantations to Sir William Stapleton. We have received your letters of 26th July, 16th August, and 12th November. You will dispose of the 1,500l. granted by the King in building a fort in each of the Islands, not in building a single fort in some one of them as you propose. The King has confirmed such of the Acts as were fit. But the Act of Antigua for enabling Thomas Ball to sell land we could not approve, not thinking it right that the estate of a private person should be disposed of by Act except on extraordinary occasions. If the land referred to be not already sold, you will suspend the execution of the Act. We see no reason why the Acts of all the Leeward Islands should not be made alike, as you suggest, by you or your Deputy Governors at the meeting of the Assemblies. We desire your explanation of your reasons why the Act for extent of land and slaves should be a bindrance to the thorough settlement of Antigua. Should any other Acts made before your Government seem to you to be unfit to be continued, you will signify the same in like manner. We notice also that the Act for an impost on strong liquors in Nevis and other islands is continued from year to year. As continued and certain expense must be provided for, it should be by perpetual Acts, it being derogatory to the King's honour that the support of the Government should be left precarious by temporary Acts. We think, therefore, that all such certain expenditure shall be met by perpetual laws, the revenue thereof being carefully appropriated, while casual expenditure may be met by temporary laws. You will represent this to the Assemblies. Again, it is not right that the direction of commissions of oyer and terminer should be left to the Assembly as provided by an Act of Nevis of 12th October 1680, but that the same should be issued under the public seal at the discretion of the Commander-in-Chief. You will give orders that in future the enacting clause should run thus: "By the Governor (or Deputy-Governor), Council, or Assembly." No other titles or distinctions than those in the King's Commission are to be used in the body of the laws. All fines and forfeitures, except in special cases, are to be mentioned in the Acts as to be applied to the King for the support of the Government. And since you say that it will be hard for the poorer sort of people to remain in durance for payment of small fines, we see no reason why people should not be permitted to work so as to discharge the fines imposed on them. The King has permitted you by order under his sign manual to suppress the Indians, and has ordered Sir Richard Dutton to co-operate with you. The ill-treatment of the ship Agreement has been represented to the Spanish ambassador. As to three undred malefactors appointed by the King for transportation to the Leeward Islands, all that is now wanting is a person who will give security to deliver them safely. You will inform your Council that we have received their letter of June and July 1680, and wonder much to have received no more. We expect from them as from you a quarterly account of all transactions of the Government, and of the proceedings of Council and Assembly. Signed Halifax, Hyde, L. Jenkins, J. Ernle. [Col. Entry Bk., Vol. XLVII., pp. 32–37.]
March 7.430. Proceedings of the General Assembly of New Hampshire. Walter Barefoot, William Hoskins, and Thomas Thurton (in custody) were brought up to answer the complaint of Robert Elliot that they had illegally seized his barque the Gift of God. Barefoot admitted the seizure, and that Hoskins and Thurton had acted under his orders in effecting it, also in hoisting the King's colours in the ship [in the margin in Randolph's hand, False, only in their boat]. He acted under Mr. Randolph's orders. Hoskins and Thurton also admitted the seizure.
March 8.The Defendants again appeared, and produced their commissions from Mr. Randolph, the King's Collector.
March 10.Sentence of the Court. Barefoot is fined 20l., and the other two 5l. apiece, which is respited during good behaviour, for breach of the peace; also 1l. apiece costs. The complainant is left to the law for his damages. Copy. Certified by Richard Chamberlain. 1½ pp. Endorsed. Recd. from Mr. Randolph, 23 June 1682. [Col. Papers, Vol. XLVIII., No. 36.]
March 8.
St. Jago de la
Vega.
431. Sir Henry Morgan to [Sir Leoline Jenkins]. Since the execution of the three pirates by the King's orders, the whole party which for the last two years has molested the Spaniards in the South Seas is, by the help of a Spanish pilot, come about to the Windward Islands. Sixteen of them are gone for England with their leader, Bartholomew Sharpe; the rest are at Antigua and the neighbouring Islands, except four that have come here. One of them surrendered to me, the other three I have with much difficulty discovered and apprehended. They have since been found guilty and condemned. He that surrendered is like to obtain the favour of the Crown as an informer. One of the condemned is proved a bloody and notorious villain, and fit to make an example of; the other two are represented to me by the judges to be fit objects for mercy, so I shall proceed no further in their case till the King's further orders. I am heartily glad of the opinion of the Court, for I abhor bloodshed, and I am greatly dissatisfied that in my short government I have been so often compelled to punish criminals with death. The passage of this people is extraordinarily remarkable, for in little more than four months they came from Coquimbo in Peru, in five degrees south latitude, to Barbados in thirteen north. Our logwoodmen have lately had eight of their vessels taken from them and their people carried away prisoners. Their usage appears by enclosed petition (see ante, No. 385). I learn that in the Havana, Merida, and Mexico many English are prisoners; and the Spanish pilot that brought the pirates (who is here) told me that Sir John Narborow's lieutenant and nine or ten others are at Lima in Peru. They are all great objects of compassion, so I hope you will not be unmindful of them. I cannot send the muster rolls of the militia by this opportunity as I had hoped, for they are not yet brought in as I had ordered, but I make use of Captain Charles Swan to carry you our body of new laws. I hope from my heart that they will please the King. Sure I am that neither the Council nor myself left anything undone that might conduce to the observance of the King's instructions. I was unwilling at first to pass the Revenue Bill, though I had gained the main point of getting the revenue settled for seven years, because I found in it limitations that seemed to encroach on the Royal prerogative, and distrust of the justice of Governors. The enactment, of their own authority, that an Assembly should be held annually for at least ten days, the examination of the expenditure of the thousand pounds a year on fortifications, and the tacking of the laws to the Revenue Bill are instances. We contested these points in vain. [Recapitulates the substance of the Council's letter of 17th January, ante No. 367.] I afterwards examined the Council apart on their oaths as to what they would advise me to do herein. They said that, as I had carried the revenue, it would be hard to let the country be without laws for what might not after all be displeasing, since the King if he pleases may still reject these laws. If I have done wrong, it is not from any want of care or diligence to obey the King's instructions. If I have mistaken his meaning I must crave excuse. But I intreat that, if any amendment be made in these laws, it may be done with great caution, for it was only with much interest, time, and expense that I obtained what I did, and if these laws be rejected it will be hard to get the like again. About a month ago one Captain Peter Pain (see ante, Nos. 364–366),commander of a ship hired from the French King called La Trompeuse at five hundred francs a month, came in here from Cayenne, where he heard of the severe persecution of the Protestants at home. He requested that he might have the same favour from me as those of his opinion have in England, as he designed to live and settle among us to avoid the inconveniences undergone by those of his profession at home. I called the Council, and on con-sideration admitted him to settle here on his taking the oath of allegiance, which he immediately did. He has taken out letters of naturalisation since. We warned him that we would not be concerned with his ship, which he must send back according to contract to its port. I do not know if I have done right herein. Sure I am that both I and the Council wished to follow the dictates of humanity as well as those of law and reason. The local Act justified our action, and we had a good precedent for it in England. If I have done amiss I hope my good intent will excuse me; if the French Captain has wronged any one (which I am not aware of) his estate is here to make it good. In December I received orders to disband the two foot companies in pay. Though there was reference to former orders these were the first that came to my hands. I have obeyed the instructions therein. Signed, Hen. Morgan. 3½ pp. [Col. Papers, Vol. XLVIII., No. 37.]
March 8.432. Duplicate of foregoing. [Col. Papers, Vol. XLVIII., No. 38.]
March 8.433. Triplicate of foregoing addressed to the Committee, with trifling variations. Endorsed. Read at Committee 28 Oct. 1682. Read at the Council, 22 May 1682. [Col. Papers, Vol. XLVIII., No. 39; and Col. Entry Bk., Vol. XXX., pp. 63–69.]
March 8.
St. Jago
de la Vega.
434. Sir Henry Morgan to Sir Leoline Jenkins. Knowing your goodness and willingness to help me, I presume to acquaint you that I have had very hard usage shown to me, for, after all the care and trouble I have undergone and the expeuse to which I have been put for the support of the Government, I find that my salary is taken off in England. Moreover, the money of the Vyner, a ship condemned here, has been applied to the payment and discharge of the companies, whereas hitherto upon such condemnation one-third has always been allowed to the Governor. Further, my pay, as Captain of one of the Companies, has been taken away from December 1680 to the middle of December last, when they were disbanded. I was blamed for not having disbanded them before, but I never received any orders until then, and they were no sooner delivered to me than they were obeyed and the Vyner's money paid. So that, notwithstanding that all helps are taken from me, the whole charge of the Government lies on me. I need not press further a matter which is apparent to you, but I beg that, when anything offers, I may receive some compensation. Signed, hen. Morgan. Postscript.—The bearer hereof, Major Ralph Featherston, was lieutenant of my company, and can give you a good account of it. I have desired him to move for the residue of our pay, and beg you to help him therein. 1 p. Endorsed. [Col. Papers, Vol. XLVIII., No. 40.]
March 8.
Barbados.
435. The Governor and Council of Barbados to Lords of Trade and Plantations. Forwarding quarterly returns of public affairs and of imports. Signed, R. Dutton, Fran. Bond, Richard Howell, Alex. Riddocke, Edwyn Stede, John Witham, Thomas Wardall. 1 p. Endorsed. Mem.—That all the proceedings of the Council, except of 21st February, was comprised in a former account. Inscribed. Rec. 22 May 1682.
March 8.436. Duplicate of foregoing. Recd. 29 August 1682. [Col. Papers, Vol. XLVIII., Nos. 41, 42, and Col. Entry Bk., Vol. VII., p. 128.]
March 11.437. Lord Baltimore to William Blathwayt. I send the enclosed for your perusal. Pray let Lord Anglesey and Sir L. Jenkins have a sight of them. I also send you some copies. One is a letter from myself and Council to Captain Anthony Brockholes, Commander-in-Chief in New York. It was occasioned by some murders that were perpetrated (as we suppose) last summer by the Northern Indians, though I cannot say that we have good ground for the supposition, for we have no knowledge of a great descent of Northern Indians in the part of the province where the five men and one woman were killed on the 15th June last. Still, being unable to fix the murders on any of our neighbouring Indians, and having certain information that several parties of these Indians intend again this spring to visit Maryland first and then Virginia,—the pretext for coming hither is war with a tribe called the Piscattaways and Nanticokes, and for coming to Virginia a war with the Pamunkeys and Nazaticoes in the Rappahannock,—we therefore resolved to see what favour and assistance New York would give us, being well assured that it is in its power to avert mischief both from Maryland and Virginia if they please. For it is from New York that these villains receive their yearly supply of powder and shot, without which they would not venture so low as they have ever since my return to Maryland. I hope to receive an answer within a month, and, if we find no more readiness and favour from the present Government than Colonel Coursey did from Sir E. Andros five or six years ago (at which time there were articles of treaty made with the Indians), we must address ourselves to the King and and Privy Council. When I was last in England I met Sir E. Andros at St. James's and found him very apprehensive that I should have complained to the Duke of York of the great obstruction which he gave to Colonel Coursey in his negotiations at Fort Albany, and had he not made great professions of his readiness to serve Maryland in future whenever we should have occasion to renew these articles, I certainly should have complained to the Duke of York. This would have been very injurious to him, for he was at the time under a charge brought against him by some merchants that dealt with that Government. The other copy I send you to show you how unkind and unneighbourly William Penn has been. Before he could have an assurance of the line being drawn between Maryland and Pennsylvania, he writes a letter, copy enclosed, to several gentlemen of my province, who are as certainly from twenty to twenty-five miles within the degree of forty as my own residence is within it. I am privately assured that a friend sent over by Penn has privately taken observations at the head of the bay, and now gives out that, if William Penn be mistaken in the assurances given him by masters of ships, that the line would fall very low in Maryland, he must then be compelled to purchase a port of Baltimore, or their ships must enter and clear in Maryland. The reason why the line has not yet been laid out is in truth as follows: About the end of August came one Captain William Markham, a kinsman and deputy-governor under William Penn, who brought me not only a letter from Penn, but the King's orders specially to settle the boundaries of Pennsylvania and Maryland. In obedience to these orders I assured Captain Markham of my ready compliance, and left it to him to appoint the time when I should send persons to meet him for the purpose. He had not been above three or four days at the city of Maries, where the Assembly was at that time sitting, when he fell ill owing to the excessive heat. Not to be wanting in courtesy to Penn I caused him, in kindness, as being Penn's cousin, to be brought to my house, about eight miles from the city, where he was so ill that it was feared he would die. After three weeks he recovered somewhat, and, at his request, I sent him to Uplands, where he now resides. Before he went we agreed to meet on the 16th October at the head of the bay, but, finding it necessary to go to New York, wrote to put it off till the 26th. Before that day he fell ill again, and sent to me that he could not attend to the business of the boundaries till the spring. I sent both these letters of Markham's to Penn in a letter of my own, and by them he will be satisfied as to my care for his cousin, and my willingness to settle the boundary. I am now pressing Markham to settle it out of hand, for Penn's letter has caused great disturbance in the upper counties, where the people hope soon to be under no government. Signed, C. Baltemore. Two closely written pages. Endorsed with detailed précis. Recd. 24 April 1682. Enclosed,
437. I. The Governor and Council of Maryland to Captain Anthony Brockholes. The Northern Indians, with whom Colonel Coursey concluded a treaty some years since, have lately violated the same, not only by plundering and destroying, but by murdering some of the inhabitants of our frontier plantations. This makes us suspect that they have forgotten their league of friendship with us, or intend no longer to respect it, and we have consulted deeply and anxiously how we may best proceed for the avoidance of bloodshed, and for the peace and security of our inhabitants. We called to mind the effective care taken by your government for the security of your inhabitants at Delaware by giving the Indians free trade on condition of peace and amity, and felt encouraged to ask for the like assistance from you for the inhabitants of this province, namely, that you will prohibit any further trade with those Indians unless they will desist from acts of hostility against us, and keep the peace which we are always desirous to maintain with them. We have entrusted this message to Captain Richard Hill, and, as your fellow subjects, we hope that you will consent to it, assuring you that we shall not fail to give you the like neighbourly help on occasion. Signed, C. Baltemore, Philip Calvert, William Calvert, Vincent Low, Thomas Taylor, Wm. Digges. Dated St. Marie's City, in Maryland, 4th March 1682. Copy 1 p.
437. II. William Penn, to James Frisby, Edward Jones, Augustin Harman, George Oldfield, Henry Ward, and Henry Johnson, at their plantations in Pennsylvannia. "My friends. I hope I do not improperly call you so, because in being so you will extremely befriend yourselves as well as perform an act of duty to the King and of justice to to me. I am equally a stranger to you all, but your being represented men of substance and reputation in your part of the bay which I presume falls within my patent I hope to take this opportunity to begin our acquaintance, and by you, with the rest of the people on your side, of the country; and I do assure you and them that I will be so far from taking any advantage to draw great profits to myself that you shall find me and my government easy, free, and just. And as you shall study to be fair and respectful to me and my just interests I will not be short of giving you all reasonable assurances on my part that I will live kindly and well with you, and for this you have my word under my hand. I think fit to caution you (if within my bounds as I am ready to believe; but I desire no more than my own) that none of you pay more taxes or assessments by any law or order of Maryland, for if you do it will be greatly to your own wrong as well as my prejudice, though I am not conscious to myself of such an insufficiency of power here with my superiors as not to be able to weather that difficulty if you should. But the opinion I have of the Lord Baltimore's prudence as well as justice, and of the regard to your own interest and future good of your posterity makes me to waive all objections of that nature, and to hope we shall all do the thing that is just and honest (which is always wise) according to our respective stations. I have no more to add but my good wishes for your happiness, and that by the help of the Almighty God next spring you shall have some testimony of my best endeavours to contribute towards it, as becomes my duty to God, to the King, and to their people. Pray salute me to all your neighbours, your real friend, Wm. Penn." Dated, London, 16th September 1681. Copy. 1 p. Endorsed. Recd. 24 April 1682. [Col. Papers, Vol. XLVIII., Nos. 43, 43 I., II.]
March 13.438. A charge of Articles exhibited unto Captain Flor. Seymour, Governor, by John Stow, against Mr. John Huchings for speeches maliciously and advisedly published to the stirring up the people to dislike of the King's person and Government by his patent and printed laws establishing the Somers Islands. 1. That Huchings at a public meeting in Pembroke tribe church on 18th January 1681–82 gainsaid John Stow for certain words spoken by him, to which Stow rejoined that they were the King's words, being a copy of an order then in his hand. 2. John Stow held out the said order and desired Mr. William Pitt to read it, when Huchings forbade him, though the copy was authorised by the usual formalities to be read. 3. Huchings then asked slightly whence came the order; Stow answered, from Whitehall; to which Huchings replied that if Stow were in England the people would use the order for very different purposes, speaking always in malice and contempt of the King's order. Evidence in support of the articles. The attestation of John Stow, recapitulating the substance of the articles March 1681–82. The attestation of William Pitt, in confirmation of the same, same date. The attestation of Nathaniel Bethell, senior, in further confirmation, same date. Copies. Certified by John Tucker, Secretary of the Somers Islands, 17th May 1683. The wholepp. Endorsed. [Col. Papers, Vol. XLVIII., No. 44.]
March 14.
Charlestown.
439. Journal of Assembly of Nevis. Proposed by the Governor and Assembly that timber be obtained for gun-carriages as soon as possible. The Assembly agreed. Voted that James Walker, Speaker, Thomas Belchamber, John Pruett and John Smargin be a committee to examine the Treasurer's accounts. The Acts sent home were confirmed by the Governor and Council. [Col. Papers Vol. XLVIII., No. 23.]
March 17.
Charlestown.
440. Journal of Assembly of Nevis. Voted, that if the Governor puts in one of the Council to examine the accounts of the country, the Assembly resolves unanimously that it is not the Council's concern but wholly the Assembly's; that the Governor be reminded to set up marks to show the bounds of the Island; that he will sign executions as formerly. On a former propsal concerning negroes to be sold by appraisement, the Governor and Council agreed to the drawing of an Act for the purpose. It was agreed also that an Act be drawn to enact that each man plant 1,000 plants ground (Sic) in provision for each working slave, and another Act against baulking of actions. [Col. Papers, Vol. XLVIII., No. 23.]
March 17.441. Petition of Francis Branson to the King and Committee of Plantations. Petitioner was commander of a ship called the Anne and Hester, being bound for Boston in 1680, hired a Scotchman, William Kelso, for the voyage as chirurgeon, who upon the 16th April being then at sea bragged that he was surgeon-general in the late rebellion in Scotland and related the manner of his escape after the fight, and that he knew those who murdered the late archbishop of St. Andrews. By his discourse he seemed to be one of those bloody murderers. Petitioner said nothing to him at the time, intending to have him arrested on his return to England. After arrival at Boston Kelso kept constantly ashore for ten weeks, wholly neglecting his duty, and refused to come on board. The ship being ready to sail petitioner complained to the magistrates then sitting in court of his surgeon, and prayed their authority to order him on board. But Kelso had so insinuated himself with several of the magistrates and preachers by telling them that he was a Scotch gentleman and covenanter, and in particular with one Chickley, who calls himself the king's attorney, boasting to him that he had been of the late rebellion, that petitioner was ill-spoken to by some of the court and ordered to discharge Kelso, paying him his wages to that day. Seeing that he could not get back Kelso to England petitioner lodged an information against him on oath (copy annexed) in the said Court, but the Court took no notice of it but showed him great respect and kindness. Kelso was entertained by several of them at their houses. The Court ordered petitioner to pay Kelso 40l, and on his refusal caused him to be imprisoned, his ship arrested and the sails to be taken from her, valuing them at 17l. 4s. 0d. whereas they were worth 100l. They also discharged his seamen. Petitioner to release himself and redeem his sails was obliged to take up money on bottomry, and though he showed that he was obliged to pay Kelso's creditors 20l. out of his wages on the return of his ship to England, yet the Court would not allow it. Thus petitioner was detained in Boston over six months and himself and his owners damnified to the amount of 1,000l. Prays redress. 1 p. Endorsed. Recd. 17 March 1681–82. Annexed,
441. I. Deposition of Francis Branson containing the allegations above recited against Kelso as to his share in the rebellion and in the murder of the archbishop of St. Andrews. Sworn at Boston, 4 Jan. 1680. 1¼ pp. Endorsed. Recd. 17 March 1682. [Col. Papers, Vol. XLVIII., Nos. 45, 45. I.]
March 17.
Barbados.
442. Return of goods imported and of shipping from 17 December 1681 to 17 March 1682. 3 pp. [Col. Entry Bk., Vol. IX., No. 4.]
March 20.443. Minute of Lords of Trade and Plantations. On this day a letter dated 5th instant was sent to William Stapleton, together with the Acts of Leeward Islands which had been confirmed by the King in Council on 8th February. List of Acts follows. [Col. Entry Bk., Vol. CVII., pp. 11–13.]
March 21.444. Minutes of Council of Barbados. Order for Mr. Richard Bate, son of the late Colonel William Bate, to supply a return of arms in the magazine and of ammunition; the Colonels of horse and foot or their legal representatives also to give an account of the arms delivered to them, and Colonel John Codrington to give an account of the arms and stores sold by him. Thomas Bringhurst appointed caretaker of the powder. Captain Joseph Salmon, cobbler and anabaptist, was summoned before the Council for holding conventicles where he preached false and seditious teaching. Being rebuked by His Excellency he said that there was general liberty for all to exercise their religious talents, but that if he ordered him to hold no more conventicles he would forbear. [Col. Entry Bk., Vol. XI., pp. 514–516.]
March 22.
Whitehall.
445. Order of the Privy Council. That Secretary Jenkins prepare fresh letters for the King's signature to the Governor in the West Indies, ordering them to assist and uphold the factors of the Royal African Company. Signed, Thomas Dolman. 1 p. Endorsed. Recd. 24 March 1681–82. [Col. Papers, Vol. XLVIII., No. 46.]
March 22.
Whitehall.
446. Order of the King in Council. That Sir Leoline Jenkins write forthwith to the Governors of the Colonies of New England to apprehend and send to England William Kelso. Signed, Phi. Lloyd, Follows a copy of the deposition of Francis Branson (see ante, No. 441 I.). [Col. Entry Bk., Vol. XCIX., pp. 179–181.]
March 25.
Nevis.
447. Governor Sir William Stapleton to Lords of Trade and Plantations. At my last visit to the English portion of St. Christophers I found a New England vessel trading there, of which one Henry Brunet, a Rocheller-born, was part owner. I ordered her to be seized and condemned, but in respect to the enclosed naturalisation (see No. 415) deferred execution, taking security for the value of the ship and cargo in case the naturalisation should be held ineffectual or not to extend to all the foreign colonies. I beg your instructions in this matter. The French General was very inquisitive to know whether there was any power in those parts relating to the Articles of Neutrality, with a comprehension of Jamaica and Barbados, and whether the Governors of the respective places would sign the same. He sent me some prisoners he had of the inhabitants of the English part of the Island, who tried to steal fifteen negroes and a white woman out of the French territory. They were caught in the fact at midnight, and the act could not be justified without giving the French the right to treat us in the same way and setting the two nations to cut each other's throats. I beg again for the orders I have already requested as to the two companies in garrison at St. Christophers. They are in a worse condition than I can describe, worse even than the Spanish citadel garrison whom travellers might have seen begging. The poor soldiers on the frontier line see with heartburning their neighbours paid every month on a table or a drum head, while we are four years in arrear on the 7th July next. Holograph. Signed. 1½ pp. Endorsed with a long précis. Recd. 16 May 1682. [Col. Papers, Vol. XLVIII., No. 47, and Col. Entry Bk., Vol. LVII., pp. 37–38.]
March 26.448. Lord Baltimore to William Blathwayt. By my last I sent you copies of letters from William Penn, and from the Council here to the Government of New York. I now send you one received lately from Colonel Cadwallader Jones who commands the fort on Rappahannock river by which you will see that Captain Josias Fendall (lately banished Maryland) is now a resident in Virginia where there is a particular eye over all his actions (see No. 397). He is certainly the most likely person in both these Governments to take advantage of the discontent in Virginia to stir up another rebellion there, and had he not been narrowly watched whilst he was in Maryland he would have broken out last summer here, and then our neighbours in Virginia would not have remained long quiet. As it is both Colonies are now at peace. There is some dissatisfaction in Virginia about cohabitation, but of this you have probably heard. There will be an Assembly in Virginia next April so that I expect overtures from thence for a cessation of planting tobacco, but I know not what their powers in the matter may be, and until I know I shall attempt no such thing. It is certainly thought that unless some expedient can be found to raise the price of tobacco, ruin is nigh certain. One year's cessation might do good, if the King's revenue were not thereby diminished; but we could not be certain, even if we enforced cessation here, that there would not be as large quantities of tobacco from elsewhere, as there has always been when tobacco has commanded a good price. For my part though a cessation would be prejudicial to me, I shall gladly submit to it for the general good, if the King leave it to Maryland and Virginia to decide. My service to Lord Anglesey and to Sir Leoline Jenkins. Signed, C. Baltemore. Holograph. 1½ p. Endorsed. Recd. 30 May 1682. [Col. Papers, Vol. XLVIII., No. 48.]
March 28.
Newmarket.
449. The Duke of York to Lieutenant Brockholes. It is my intention, as Sir J. Werden hinted, to grant to New York the privileges, and particularly an Assembly, of other English colonies. But I shall expect the colony to provide funds for the support of the Government, so do your best to persuade the best people to comply. Printed in New York Documents, Vol. III., p. 317. [Col. Entry Bk., Vol. LXX., pp. 38–39.]
March 28.
Barbados.
450. Petition of John Farmer to the Assembly of Barbados. To end a difference about arrears of an old debt petitioner confessed judgment at the Hole Court to Colonel Colleton, Attorney to Sir John Roberts, for a quantity of land, a number of negroes and a large sum of money; and on this both parties agreed to submit their points of difference to referees, successive referees to be appointed if the first failed to report. The first referee did fail to report, and Colleton pressed the Court for execution on the whole judgment, or ten times more than petitioner's debt. The Court refused and petitioner thought himself safe; but Colleton in Sir J. Atkins's time got two orders from the Governor and Council for the execution of the whole, and is now pressing for a third. Prays for the Assembly's good offices in his behalf. Copy. 1½ pp. Copied below. Minute of the Assembly recommending petitioner earnestly to the favourable consideration of the Governor and Council. ½ p. Endorsed. Recd. 28 Mar. 1682. [Col. Papers, Vol. XLVIII., No. 49.]
[March 28.]451. List of the laws in force in Barbados wherein any penalties raised are appointed to the use of the public. Thirteen Acts in all. Inscribed and endorsed. Rec. 28 March 1682. 1 p. [Col. Papers, Vol. XLVIII., No. 50.]
March 29.
Newmarket.
452. The King to Sir Richard Dutton. Warrant for the appointment of Robert Davers to the Council. [Col. Entry Bks., Vol. XCIII., p. 167a, and Vol. VII., p. 152.]
March.453. Commission to Edward Cranfield to be Governor of New Hampshire. Forty-seven clauses. Clause 25. The respite of criminals, except in cases of murder, is to be reported. Clause 33. Liberty of conscience is granted to all Protestants. 34. The Governor and Council to continue existing taxes till others be levied by the Assembly. Clause 42. The Council to administer the Government in case of the Governor's death, the Councillor first named in the Commission to preside. Clause 44. Mason's title recited. He undertakes to ask no arrears and confirm all possessions, but (45) will take sixpence in the pound quit-rent on the value of real property. The Governor to decide all disputes between him and the inhabitants. Undated, a blank being left for the day, but the month inserted. Passed the great seal 9th May 1683. [Col. Entry Bks., Vol. LXVII., pp. 34–51, and Vol. XCIX., pp. 129–143.]
[March ?]454. Instructions to Edward Cranfield, Governor of New Hampshire. Clause 11. Richard Waldern and Richard Martyn to be suspended from the Council. 13. No Council to be held in taverns, or places of public entertainment. 36, 37. Neighbouring Colonies to be helped in their time of distress, and their help to be invoked in turn. Forty clauses in all. Undated. [Col. Entry Bks., Vol. LXVII., pp. 51–62; and Vol. XCIX., pp. 147–157.]
[March ?]455. Circular letter from the Lords of Trade and Plantations to the Governor and Council of New Hampshire. Requiring quarterly returns of all transactions and of trade. Signed, Anglesey, Arlington, Ailesbury, Craven, Clarendon, L. Jenkins. [Col. Entry Bk., Vol. LXVII., pp. 62–64.]