America and West Indies
April 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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213-226

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'America and West Indies: April 1682', Calendar of State Papers Colonial, America and West Indies, Volume 11: 1681-1685 (1898), pp. 213-226. URL: http://www.british-history.ac.uk/report.aspx?compid=69859 Date accessed: 02 September 2014.


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Contents

April 1682

April 1.456. Robert Mason's surrender of one-fifth of all rents, profits and revenues, and all fines and forfeitures to the King. Inscribed, "I approve of this draft. R. Sawyer." Broad sheet. Endorsed. [Col. Papers, Vol. XLVIII., No. 51, and Col. Entry Bk., Vol. LXVII., pp. 33–34.]
April 3.
Boston.
457. Protest of Edward Randolph against the proceedings of the General Court of Massachusetts. The General Court of this Colony under pretence of the satisfaction of the King and regulation of trade have invaded the power granted only to the Governors of the King's Colonies, and have translated that power to the Secretary of the Colony, as is proved by their written paper of 25th March. They have also neglected to publish the Act for regulating the Plantation trade of 25 Car. II., and have refused to publish the Royal proclamation of 24th November 1675, thereby invalidating the authority given to his Commissioners by Patent of 15th October 1681, and further have specified in the same paper that prosecutors under the Acts of Trade should give security before warrant issued, and that any person damnified by wrongful search or seizure may recover damages, which is expressly contrary to the King's letter of 2nd October 1681. This written paper being repugnant to the laws of England, and to the instructions issued to Edward Randolph, the said Edward Randolph hereby records his protest against the same, and declares his powers to be valid, notwithstanding the said paper. Boston, 3rd April 1682.
Written below: 4th April 1682. I then showed Mr. Robert Howard, of Boston, public notary, the protest above written, but he being unwilling to be concerned in it, I thought it necessary for the King's service to publish it on this 6th April 1682. 1½ pp. Top edge much damaged. Endorsed with a long précis. Recd. 23rd June 1682. [Col. Papers, Vol. XLVIII., No. 52.]
April 3.
Barbados.
458. The Secretary of Barbados to William Blathwayt. Nothing has happened since my last, and the Sweepstakes is not yet arrived with Sir Thomas Lynch. The Commissioners of the Four-and-a-half per Cent. have not yet furnished their fourth year's book of accounts and of the revenue ended Christmas last, but promise it in a few days, when it shall be transcribed and sent. Signed, Edwyn Stede. ½ p. Endorsed. Recd. 22nd May 1682. The proceedings of the Council, except of 21st February were all sent with the last returns. [Col. Papers, Vol. XLVIII., No. 53.]
April 5.
St. Jago de la
Vega.
459. Copy of the pass issued by Sir Henry Morgan for the ship La Trompeuse (see ante, No. 364). 1 p. Endorsed. [Col. Papers, Vol. XLVIII., No. 54.]
April 6.
Nevis.
460. Governor Sir William Stapleton to Lords of Trade and Plantations. My last was by one of the Royal African Company's ships, and enclosed the naturalisation of one Brunet, a Rocheller, granted by Lord Culpeper (see No. 415). I enclose copy of an Act of St. Christophers. which could not be sent before. Pray send your approval or disallowance, and the King's assent or dissent, to this and to the Acts sent by Colonel James Cotter. There are some more passed, but not yet drawn fit for your perusal. I beg for speedy payment for the companies at St. Christophers, whose wages will in July be four years in arrear. My own salary is equally in arrear, and my arrears in Sir Tobias Bridge's regiment; also 750l. of the fort money. I beg also for eighty or one hundred soldiers to be sent here once in two or three years, not only to recruit the company and fill death vacancies, but to supply the places of the married men who turn planters. By this means the island would be timefully strengthened in some proportion to our neighbours whenever the King shall think fit to disband the companies, and such married men will take up the land of the Frenchmen who by the Act will be forced to desert the English territory. The Comte de Blenac is ordered home. He expects Mons. Gabaret or Mons. Tourville with four ships to relieve him and transport him home. He has been asking for his congé_ any time the last two years. Postscript.—I have given up Statia and Saba to the Dutch in obedience to orders. I still keep Tortola, having no instructions about it. Holograph. Signed. 2 pp. Endorsed, with long précis. Recd. 27 June. Read 28 June 1682. [Col. Papers, Vol. XLVIII., No. 55, and Col. Entry Bk., Vol. XLVII., pp. 38–40.]
April 7.
Nevis.
461. Sir William Stapleton to [Sir Leoline Jenkins]. I have received your letter by Captain Ed. Powell, and shall gladly comply with your request. Holograph. 1 p. Endorsed. [Col. Papers, Vol. XLVIII., No. 56.]
April 8.462. Journal of Lords of Trade and Plantations. Read, Lord Baltimore's list of the Council of Maryland, and the Chancellor's printed letter to Colonel Meese' (see Nos. 349, 351), concerning the troubles there. Ordered, that Colonel Meese be summoned to give an account why he presumed to print this letter without first acquainting the Council with it.
Sir Richard Dutton's letter of 3rd January read. The Lords agreed upon their report (see next abstract). [Col. Entry Bk., Vol. CVII., pp. 14–16.]
April 8.
Council
Chamber.
463. Report of Lords of Trade and Plantations to the King We have received a letter from Sir Richard Dutton of 3rd January, on which we represent as follows. We were formerly of opinion that the existing Courts of Justice in Barbados were sufficient for the recovery of the Revenue and the upholding the rights of the Crown; but having now learned that Sir Richard has established a Court of Exchequer without any charge to your Majesty, which has proved very effectual, we recommend that the establishment of this Court be approved. On Sir Richard's suggestion that no man be appointed to the Council until an account of his character has been received from the Governor, we recommend that he be ordered to submit the names and characters of the twelve men whom he considers best qualified for Councillors; the list to be supplemented from time to time as the nominees die or become unfit. We also recommend that he be ordered to furnish the names of two persons whom he shall think best qualified to succeed him in the Government in case of his death or absence, and that you authorise one or both of them, successively, to succeed him, providing, however, that the person so succeeding shall have no power to call an Assembly, except in case of rebellion or invasion, without your order. On Sir Richard Dutton's information respecting Patent offices in Barbados, we recommend that you grant no office there or in any Colony during life, which has proved inconvenient to the Government there. Lastly, we commend Sir Richard Dutton to you for great vigour, prudence, and fidelity, for proposing many things for the benefit of the Colony without regard to his private interest, and for his general conduct of the Government, and would advise that in token of your approbation his salary may be punctually paid and his arrears satisfied, and that your approval of his conduct be signified to him for his encouragement. Signed, Anglesey, Chesterfield, Clarendon, Craven, Worcester, Halifax, Bathe, L. Jenkins. [Col. Entry Bk., Vol. VII., pp. 119–122.]
April 8.464. Minutes of a letter to Sir R. Dutton. A few rough lines written on half margin and endorsed as above. ½ p. [Col. Papers, Vol. XLVIII., No. 57.]
April 8.465. Journal of Assembly of Nevis. Proposed that the country take over the farm of the excise just expiring. The treasurer ordered to receive the impost of all liquors according to the Act till a new appointment. Proposed to defer the question of letting or keeping the farm of the excise to a Committee of Assembly. The Speaker proposed to grant a donation to Sir William Stapleton in consideration of his heavy expenses. Voted by the Assembly that the impoverishment of the country makes it incapable of manifesting its gratitude this year. [Col. Papers, Vol. XLVIII., No. 23.]
April 11.
Boston,
New England.
466. Edward Randolph to Sir Leoline Jenkins. After my return from New England, I represented to the Lords of Trade the continued misdemeanours of this Government in a short petition, and prayed for the issue of a Quo Warranto against their charter. I also presented to the King in Council several articles of high misdemeanor against Mr. Danforth, Deputy Governor of this Colony, and chief promoter of the opposition to the King's commands here. But since the King has taken no notice thereof hitherto, either to the Government or to Mr. Danforth, and since copies of both documents have found there way here (as I told you that I suspected would be done) they are resolved to prosecute me for the same as a subverter of their Government, and if by any means they can, they will take away my life, under their law revised in this General Court, wherein they have also made a law contrary to the directions in the King's letters patent. Against this last I have publicly protested, which is looked upon as an aggravation of my former crime. I am to be examined on Friday next. Imprisonment is the least that I expect, and according as we hear from England we shall be proceeded withal. The King's continual favour to this people has heightened their contempt. Some give out that it is not in the King's power to reform these irregularities. The publishing of my protest has made a great breach among them. The Governor, who is an honest governor, but advanced in years, and some of the magistrates oppose these heavy practices, but when anything comes to a vote, it is carried against them. The King's letters are of no value here. Nothing will serve but bringing a Quo Warranto against their charter, which may save my life and reform this Government. I beg you by a speedy dispatch to have the two laws in the enclosed printed papers (see ante, No. 418) declared null by Order in Council, and sent over hither by several ways of shipping lest they miscarry, or I am lost. The distance of place and hopes of troubles at home, with the many scandalous papers sent here for the benefit and comfort of the ill-affected makes this party thus daringly presume. I am preparing my defence. Signed, Ed. Randolph. Postscript.—I have written more largely to the Treasury, the Customs, and Mr. Blathwayt. Holograph. 1½ pp. Endorsed. [Col. Papers, Vol. XLVIII., No. 58.]
April 11.467. Journal of Lords of Trade and Plantations. Letters to Governor Cranfield containing heads of inquiry, and to the Governor and Council of New Hampshire, directing the despatch of quarterly returns, read and approved. Draft instructions to Governor Cranfield approved, he and Mr. Mason being present. Order for a new instruction, that in case any members of the Council refuse to take the oath the Governor be empowered to appoint so many others in their stead as will make up the number of seven. Also for an instruction directing him to signify the King's disallowance of all laws already made in New Hampshire and to propose the passing of new and more suitable laws. The Treasury to be informed that Mr. Cranfield's despatch is ready that his allowances may be paid to him. The Attorney-General to be desired to hasten the passing the bill of Mr. Cranfield's commission. A draft letter to be prepared to the Colonies of New England, announcing the King's settlement of New Hampshire.
Account of salaries and disbursements of the Plantation Office from Michaelmas to Christmas, 1681 signed.
Report concerning Sir Richard Dutton and the Government of Barbados, read and approved.
Report on the case of Benjamin Middleton, read and approved. [Col. Entry Bk., Vol. CVII., pp. 16–18.]
April 12.
Whitehall.
468. Order of the King in Council. On report of the Lords of Trade and Plantations (ante, No. 463), Ordered, that Sir Richard Dutton's salary be punctually paid and his arrears satisfied. [Col. Entry Bk., Vol. VII., p. 122.]
April 12.
Whitehall.
469. Order of the King in Council. That copy of the petition of Samuel Hanson (see ante, No. 132) be delivered to the Lords of Trade and Plantations for their report. Signed. Francis Gwyn. ½ p. Inscribed and endorsed. Read 20 April 1682. Annexed,
469. I. The petition referred to, from Samuel Hanson, gentleman, of Barbados, to the King and Privy Council. About three years ago petitioner had occasion for several large guns to put on board a ship which he was then building in New England. He met accidentally with one John Burston, servant of Mr. Kendall, master of a wharf, in the town of St. Michael, Barbados, which said Burston offered him ten or twelve guns then lying in the wharf and to warrant his sale thereof, alleging them to be his master's who had empowered him to dispose of them. Petitioner finding that they would suit him, agreed for purchase and shipped six of them that day, but hearing that night that they belonged to one Anthony Rodriguez, a Jew, went and told him what he had done, and asked whether he claimed the said guns. Finding that he did claim them and was unwilling to part with them, petitioner immediately sent for them back and delivered them to Rodriguez, who was well satisfied of petitioner's innocence and made no further trouble about the matter. Six weeks later petitioner was arrested by Mr. Hannay, the Sheriff, and carried before two justices, who obliged him to find security to answer a charge at the next General Sessions. This he did, and stood bound for nearly eighteen months, without knowing his crime or his accusers. Next sessions the Attorney-General indicted petitioner and John Burston before the Governor and Council for conspiring to steel fourteen of the King's guns actually carried from the wharf, fourteen more of the proper stock of the Island, and fourteen more belonging to persons unknown, the guns being valued at 150l. The jury found petitioner and Burston guilty of a fraudulent bargain in buying and selling the guns of Anthony Rodriguez and shipping them on board the ship Nathaniel William Clarke. Petitioner moved in arrest of judgment for the following reasons: (1.) The jury had not found him guilty of the charge preferred in the indictment, and the Court should not take notice of a private fraud between man and man where no injured person prosecuted. (2.) That the indictment was laid for forty-two great guns, though the verdict mentioned only twelve without specifying whether great or small. Sir Richard Dutton, however, being then new to the place, overruled the motion for arrest of judgment and proceeded without the concurrence of the Council to fine petitioner 150l. and Burston 100l., twice the value of the forty-two guns, whereas the verdict mentioned but twelve, and all that had been taken had been restored to their owner. Petitioner appealed to the Assembly which addressed the Governor on his behalf, and stated the law to be that no fine should be imposed without the concurrence of the Council. They prayed that the law might be upheld and that execution might not issue. Notwithstanding which, a scire facias was issued from the Court of Exchequer against petitioner to show cause why the fine should not be levied on his goods. Petitioner in answer pleaded that the verdict had nothing to do with the indictment, and that Rodriguez was not a British subject, which invalidated the verdict. Nevertheless, this plea was overruled, and the fine levied by sale of eleven of petitioner's negroes at less than their value, whereby being unable to reap his crop petitioner was damaged to the value of 500l. over and above the loss on the sale of the negroes. Petitioner then petitioned the Governor and Council on a writ of error, on the following grounds: (1.) That the scire facias was issued before the Court had any record whereon to ground it. (2.) That the Court of Exchequer had given judgment on the scire facias though the reasons in arrest of judgment had not been overruled by the Court of Grand Sessions. (3.) The fine was called 150 pounds, whether of sugar or sterling was not specified. (4.) The verdict was foreign to the indictment. Petitioner prays that copies of the indictment or proceedings may be obtained from Barbados and the errors reversed after examination by the Lords of Trade and Plantations. Signed, Samuel Hanson. Copy. Certified by Francis Gwyn. 4½ pp. Endorsed. Read 20 April 1682. Copy to Sir R. Dutton, 22nd May 1682. Answered with copy of proceedings, 22 January 1682–83. [Col. Papers, Vol. XLVIII., Nos. 59, 59 I., and Col. Entry Bk., Vol. VII., pp. 128–129 and 163–169.]
April 12.470. Minutes of Council of Barbados. Order for issue of writs for the election of an Assembly. [Col. Entry Bk., Vol. XI., p. 517.]
April 12.
Whitehall.
471. Order of the King in Council. Report of Lords of Trade and Plantations. We have examined the petition of Benjamin Middleton (see ante, No. 396 I.), and recommend that a copy thereof be sent to Sir William Stapleton for his report, and that pending the receipt thereof the execution of any Act to the petitioner's prejudice be immediately suspended. Dated, 11th April 1682. Ordered accordingly. Signed, Francis Gwyn. [Col. Entry Bk., Vol. XLVII., pp. 49–50.]
April 13.
Whitehall.
472. The King to Sir William Stapleton. Giving effect to the order in preceding abstract. [Col. Entry Bk., Vol. XLVII., pp. 51–52.]
April 13.473. Journal of Assembly of Nevis. Voted that a Committee of the Assembly consider the question of the farm of the excise. Proposed by the Governor and Council that the Council as well as the Assembly may be satisfied as to the public accounts. Answered by the Speaker that the Council has nothing to do with the country's accounts. Proposed that Captain Jory be paid his expenses on the articles of neutrality, the rest of the islands having paid their proportion. Answered that the Assembly has taken care for it. Proposed to consider what course should be taken as to the farm of the excise. Answered by the Speaker that it is no concern of the Council's and that a Committee of the Assembly will see to it. Proposed what should be done for the Governor, the expense of entertainment lying heavy on him. The Assembly hoped that in the impoverished state of the country his Excellency would not press them. The Governor and Council sent in twice for the whole Assembly to debate this matter before them. The Assembly sent in their Speaker to debate the same, refusing to give their votes pro and con, in accordance with a former vote. Ordered, that the proceedings of the Assembly be sent to the Lords of Trade and Plantations. The Assembly was this day dissolved by the Governor Sir James Russell and Council. [Col. Papers, Vol. XLVIII., No. 23.]
[April 13.]474. The Council of Nevis to Sir William Stapleton. We convened the Assembly on the 13th instant and made the annexed proposals to them (see preceding abstract), but instead of consulting the convenience of the Island they stand on punctilios and deny the right of the Council to be concerned in the public affairs or stock of the Island, contrary to the known practice. Finally, with unparallelled insolence, they have twice refused to come and give their votes or their reasons for dissent, in direct disobedience to the orders of the Privy Council at home and of the Governor, Council, and Assembly here. We therefore appeal to you for redress. Signed, Wm. Burt, Charles Pym, Nicho. Raynsford, Joseph Jory, Philip Lee, Ja. Russell, Walter Symonds, Daniel Lanhather, John Netheway. Copy. 1 p. Endorsed. Recd. 25 July 1682. Annexed,
474. I. Copy of the Minutes of Assembly for 13th April (see preceding abstract). Endorsed as the foregoing. [Col. Papers, Vol. XLVIII., Nos. 60, 60 I.]
[April.]
(Nevis.)
475. Order of Governor Sir William Stapleton. That in consequence of the pretensions of the Assembly to exclude the Council from a share in public affairs, the Treasurer in future shall render his accounts to the Governor and Council who are much more concerned therein than the Assembly, and that in future the accounts shall be audited by an equal number of the Council and of the Assembly. Copy. 1 p. [Col. Papers, Vol. XLVIII., No. 61.]
April 17.
Whitehall.
476. The King to Sir William Stapleton. The French ambassador complains that Captain Le Pain, Captain of the French King's frigate Trompeuse, has disposed of the ship and cargo instead of bringing it back to France. We therefore order you to do all in your power to discover and arrest Le Pain, and to endeavour if possible that the ship shall lade only for her right owners. [Col. Entry Bk., Vol. XCIX., p. 144a.]
April 17.
Whitehall.
477. The same to the same. One Maziere, late servant of President de Mesmes in Paris, has robbed his master and mistress of valuable jewels and absconded to Jersey, whence he took ship to Antigua. Do your best to apprehend him. His description is enclosed to you. [Col. Entry Bk., Vol. XCIX., p. 145.]
April 18.478. Minutes of Council of Virginia. The Lieutenant-Governor and Council met and adjourned to the beat of the third drum to-morrow.
April 19.Colonel Byrd, Captain Richard Whittaker, Mr. John Speir, and Mr. Thomas Taberrer attended the Lieutenant-Governor to ask him to appoint some of the Council to administer the oaths to newly-elected members. The Speaker, attended by the Lieutenant-Governor's desire, and the Lieutenant-Governor, after reading the King's letter ordering no Assembly to meet till the 10th November, said that there was no occasion to swear the newly-elected members and that he would call the House of Burgesses before him to-morrow.
April 20.Four members of the House of Burgesses brought up an address to the Lieutenant-Governor praying for a continuance of the Assembly. The Assembly is "overwhelmed with grief and ineffable sorrows through doleful and piercing apprehensions and fears of an adjournment," and sets forth (1) the expense and danger that members have incurred in wading through floods and storms to the House; (2) the need for an Assembly, for (3) consideration of the low price of tobacco, a calamity "the sad resentment of which would force blood from any loyal Christian subject's heart"; (4) the alarms from Indians; (5) the danger from disbanded soldiers if unpaid; (6) the number of appeals to the Assembly that await hearing. (The language of this Address throughout its length of two large pages is singularly fulsome, mawkish, and extravagant.) The Lieutenant-Governor desired the attendance of the House of Burgesses at the best of the first drum at the Court House. After long waiting for the House to appear, the Clerk was sent to the Speaker to desire its attendance. The Clerk returned and reported that on admission to the House of Burgesses he was ordered by the Speaker to withdraw for a while. Ordered that the Clerk go a second time to the Speaker. But before he could go a messenger arrived from the Speaker requesting his attendance. He went, with orders to acquaint the Speaker that the Lieutenant-Governor had waited a long time for the House of Burgesses and desired its immediate attendance. On his return he reported that he had waited an hour for admittance and had then been told by the Speaker that the House would consider his message. Colonel Lloyd attended from the House of Burgesses and said that the House not knowing the Lieutenant-Governor could take no notice of his message.
April 21.The Lieutenant-Governor returned his answer in writing to this effect: —I sent the Clerk of Council several times yesterday to come and hear the King's orders, and I am surprised that you did not attend. I now send him again and require you to attend at the beat of the drum this afternoon. —Major Charles Scarburgh and others attended from the House of Burgesses and asked for the appointment of Councillors to swear newly-elected members. The Lieutenant-Governor answered that he would do nothing until they attended him. The House of Burgesses sent a message to the Lieutenant-Governor and Council, to the effect that they asked for perusal of the King's letter. If it gave them any latitude which would enable them to continue in Session they hoped to be allowed to avail themselves thereof; if not, they would submit. Two of the House of Burgesses then acquainted the Lieutenant Governor that the House was ready to wait on him. The Burgesses being come the King's letter commanding the disbandment of the foot companies was read, and the Lieutenant-Governor desired the Speaker's and his House's result therein. The Burgesses then withdrew, being charged by the Lieutenant-Governor to debate no other business. The Burgesses sent a written message, that they could not debate this matter duly until the newly-elected members were sworn. Two Councillors were then nominated to swear them, who being returned, a copy of that part of the King's letter which concerned the disbandment of the companies was sent to the House.
April 22.Some of the Burgesses waited on the Lieutenant-Governor to give him the thanks of the whole House. He in return desired of them a speedy answer to the business in hand. Later a message was sent in writing requiring the answer of the House at five o'clock. Certain of the Burgesses brought up the House's answer to the effect that it had entrusted the question of disbandment to a Committee which would report in due time, and that meanwhile the House proposed to inquire into the general state of the country. [Col. Entry Bk., Vol. LXXXIV., pp. 101–109.]
[April 19.]479. Petition of Robert Orchard of Boston, New England to the King and Privy Council. My father spent his life and fortune in the late King's service, and I was forced to enlist as a private soldier on one of the King's ships then engaged in reducing New York. I then settled in Boston, but being observed to be averse to the principles of the people many abuses were put on me, notwithstanding that I had done them good service and suffered much in the Indian war. Instead of rewarding me they ordered me, when I was extremely ill, and all my servants to watch. I complied as far as I could and sent all my servants, but was presently fined for not watching, and the fine was levied on my goods by officers and several files of musketeers. Again, having imported divers goods from England and paid the King's duties in England, I was required to pay duty again in Boston, and not paying forthwith was fined ten pounds, for which goods to much greater value were levied. I was afterwards appointed an inspector under the law for prohibiting exportation of wool, but the Governor's son being owner of the first ship that I boarded I was discountenanced and threatened, and the Governor said that if he had been there he would have thrown me overboard. I then resolved to go home and appeal to the King, but this becoming known a fine was levied on my goods for not serving in the trained bands, and while I came ashore to settle it the ship sailed without me. The authorities then took such measures to prevent my sailing that I was forced to travel to Virginia and sail thence. Further, the authorities prohibit all but certain persons to trade with the Indians. I beg for redress and compensation for injury, and for an order throwing open the Indian trade to all. Copy. 3 pp. [Col. Papers, Vol. XLVIII., No. 62.]
April 20.480. Journal of Lords of Trade and Plantations. A patent being procured for one Summers for the Postmastership of Barbados, notwithstanding the King's declaration that in future he would leave the appointment of all offices to the Governor, the Lords will learn the King's pleasure whether this patent shall supersede the authority granted to Sir Richard Dutton or not, and recommend that the former order be renewed and no more such patents issued. Samuel Hanson's petition and the address of the Assembly with the Governor's answer concerning fines read. Agreed to ask the Attorney-General's opinion whether Sir R. Dutton has proceeded according to the laws of England herein. [Col. Entry Bk., Vol. CVII., pp. 18, 19, and Vol. VII., p. 125.]
April 20.
Council
chamber.
481. Lords of Trade and Plantations to Sir Richard Dutton, embodying the substance of the Report of 8th April (ante, No. 463) in almost the same words. Signed, Anglesey, Bathe, Clarendon, Craven, Halifax, L. Jenkins. [Col. Entry Bk., Vol. VII., pp. 122–125.]
April 21.
Whitehall.
482. Order of the King in Council. That the Orderin Council of 20th October 1680, concerning the passing of patents for the Island of Barbados, be entered in all offices concerned therewith. Signed, Phi. Lloyd. ½ p. Annexed,
482. I. Copy of the Order referred to, which provides that all patents in future shall contain a clause to void them in case the patentee do not reside in the Island (the Secretary and Marshal excepted), and that no places except those already granted be granted by patent in future. Whitehall, 20th October 1680. 1 p. Copy Certified by Philip Lloyd. Endorsed. [Col. Papers, Vol. XLVIII., No. 63, 63 I., and Col. Entry Bk., Vol. VII., pp. 126, 127.]
April 21.
Whitehall.
483. Order of the King in Council. That Mr. Summers, who lately passed a patent for the office of Postmaster in Barbados, do forthwith attend the Lords of Trade and Plantations. Signed, Francis Gwyn. ½ p. Endorsed. [Col. Papers, Vol. XLVIII., No. 64, and Col. Entry Bk., Vol. VII., p. 129.]
April 25.484. Journal of Lords of Trade and Plantations. Draft report concerning Mr. Mason's claim read, together with the opinion of the Chief Justice of 17th July 1677 and of Sir William Jones and Sir Francis Winnington of 17th May 1675 (see under May 23.)
Report as to the Commissioners to be appointed to inquire into the claims to the Narragansett country read and approved,
Draft of a letter to the Attorney-General read, requesting his opinion as to Sir R. Dutton's proceedings in the matter of fines. The Lords, taking notice that Sir R. Dutton was sole Commissioner on the bench and needed not the consent of others, agree to recommend that the Attorney-General defend the whole process, to which end Sir R. Dutton be required to furnish an answer to Samuel Hanson's petition and the necessary documents. [Col. Entry Bk., Vol. CVII., pp. 20–23.]
April 25.485. Minutes of Council of Virginia. Colonel Spencer ordered to transmit copies of the Journals to England. Resolved unanimously that the General Assembly be prorogued to the 10th November. Message to that effect sent to the Speaker. In the afternoon the Burgesses attended the Lieutenant-Governor and Council, and the Assembly was prorogued. [Col. Entry. Bk., Vol. LXXXIV., pp. 110,111.]
The resolution above named is also assigned to a meeting held on the 26th. [Col. Entry Bk., Vol. LXXXIV., p. 115.]
April 25.486. Speech of Sir Richard Dutton to the Assembly of Barbados. I should not have summoned you so early but for pressing need. The debts already incurred are great, and while they remain undischarged I have small encouragement to proceed with other works, which, however, though great, are as nothing to our present business, the completion of the fortifications. We want fifty culverins and demi-culverins, at least five thousand flint-lock/muskets of the Tower standard, and two thousand long pikes of Spanish ash. There are also the quarterly wages of gunners, the number of whom must be increased, a magazine to be built, and money to be placed in the treasurer's hands for emergencies. So much for our wants; a word now as to our dangers. The militia is in a very bad state, and unless you take care will soon be as useless as our present unarmed forts. The peril is the more pressing for we may soon be on ill terms with France, and in case of war we shall feel its effects sooner than our friends at home, for we shall have shorter warning. The enemy is one who will bite before he barks, so you must be on your guard against surprise. I met with so much disappointment from the late Assembly, that nothing but the importance of the time, my care for the commonweal and my esteem for you gentlemen of the present Assembly would have moved me to direct you so far. But for this I should have left you to go your own ways. However, if you take steps to avert those dangers all credit will be yours; I shall be content to have been an instrument in bringing it about. One thing more. It will be impossible for you to do anything to the purpose unless you sit continuously, instead of, as formerly, meeting one day and adjourning the next. 1½ pp. Endorsed in Sir R. Dutton's hand, "My speech to the Assembly at the first of their sitting, 25th April 1682." Inscribed. Recd. 7th July 1682. [Col. Papers, Vol. XLVIII., No. 65.]
April 25.
April 26.
487. Minutes of Council of Barbados. The members of Assembly were sworn, and presented their Speaker. His Excellency then made them his speech (see preceding abstract). The Assembly attended and the Speaker delivered a bill passed by them for the settlement of the Militia which was read thrice and passed. The Speaker informed the Governor that the Assembly was about preparing a bill to raise money for various purposes.
April 27.Order for David Raphael de Mercado to stand bound to appear at the next Grand Sessions to answer the charge of importing and vending extraordinarily light Spanish coin. Henry Walrond, Samuel Newton, and John Witham to be a Committee to examine the Militia Act.
April 28.The Assembly brought up a bill to secure possession of negroes and slaves.
April 29.The bill brought up yesterday to lie under further consideration. The Assembly brought up a bill for a levy on lands and negroes, which was thrice read and passed. The Speaker brought up the petition of Colonel John Dempster to which His Excellency replied (1) that the right of determining such disputes lay indubitably in himself; (2) that the Assembly had violated their duty in ordering the taking of an oath respecting the disputed election; (3) that even if the Assembly enjoyed such right as they pretended they had proceeded arbitrarily and hastily in refusing to allow a reasonable time as desired by the parties concerned; (4) that the Assembly had no powers whatever except for the making of laws. The Speaker submitted a second address asking that the vacancy in the House for the parish of St. Philip's might be filled up notwithstanding. His excellency consented as a matter of favour. [Col. Entry Bk., Vol, XI., pp. 517–523.]
April 25.488. Journal of Assembly of Barbados. Return of the members elected.
Colonel Richard Guy
Lieutenant-Colonel John Codrington
St. Michael's.
Major William Foster
Richard Morgan
St. Peter's.
John Davies
Colonel James Carter
St. Thomas's.
Colonel Christopher Codrington
John Heathersall
St. John's.
Richard Seawell
Captain Robert Bishop
Christchurch.
Thomas Maycock
Captain Michael Ferrell
St. Lucy's.
Edward Littleton
Major Timothy Thornhill
St. James's.
Captain William Fortescue
Samuel Finney
St. Philip's.
Captain John Gibbes
Major John Merrick
St. Andrew's.
Major Rowland Bulkeley
Samuel Husbands
St. George's.
Colonel William Sharpe
Lieutenant-Colonel John Waterman
St. Joseph's.
The House met in the house of Edward Sinclair, Bridgetown. Colonel William Sharpe elected Speaker and presented to his Excellency. Richard Cartwright elected clerk; Matthew Wilcox, marshal. Mr. Alexander Riddocke, of the Council, administered to the Assembly and its officers the usual oaths. Adjourned till the morrow.
April 26.Rules of the House confirmed. Sir Richard Dutton's speech (see No. 486). Militia Act revived for three months. William Sharpe, Christopher Codrington, Richard Guy, Edward Littleton, James Carter, John Codrington, William Foster to be a Committee to amend it. Captain John Dempster's petition to be heard tomorrow morning. Bill for revival of the Militia Act read a first time.
April 28.Debate on the levy. Resolved that it be sixpence per acre and fifteen-pence per negro, Jews and towns in proportion. Address in reply to the Governor carried. On Captain Dempster's complaint against the election of Samuel Finney, alleging that he himself was really elected, ordered that the return of the writ be inspected, and that the Honourable John Witham report to the House. Debate on the levy. Assessment for Oistins town to be 20l.; for Bridgetown 400l., for Holetown 20l., for Speightstown 60l.; for the Jews 300l. Voted that 1,200l. be sent to Sir Peter Colleton, Colonel Henry Drax, and Mr. Jacob Lucy for purchase of muskets.
April 28.Edwyn Stede produced the writs for the election of St. Philip's. After examination the House decided that Captain John Dempster and not Samuel Finney was elected. Bill for securing the possession of negroes and slaves read a first time.
April 29.Address to the Governor to qualify Captain John Dempster as a member of Assembly. Act for levy on lands and negroes read a second time. Debate on the election for St. Philip's renewed. Ordered that an address be drawn to the Governor asking for a new election of one member. Adjourned to 27th June. [Col. Entry Bk., Vol. XIII., pp. 471–484.]