America and West Indies
June 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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242-259

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'America and West Indies: June 1682', Calendar of State Papers Colonial, America and West Indies, Volume 11: 1681-1685 (1898), pp. 242-259. URL: http://www.british-history.ac.uk/report.aspx?compid=69861 Date accessed: 24 July 2014.


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Contents

June 1682

June 1.
Barbados.
535. Return of Exports for the half year 1st January to 1st June 1682. Total value, 3,594l. 15s. 1½d. [Col. Entry Bk., Vol. IX., No. 7.]
June 2.
Boston.
536. Edward Randolph's deposition concerning the ship Hope. Respecting his seizure of her for landing wine without making entry with him. ½ p. Copy attested by Edward Rawson. Endorsed. [Col. Papers, Vol. XLVIII., No. 92.]
June 3.537. Lords Proprietors of Carolina to the Governor and Council of Ashley River. Permit for the issue of two thousand acres of land to Captain Elias Clifford. Signed, Craven, Shaftesbury, J. Archdale. ¾ p. [Col. Entry Bk., Vol. XX. p. 203.]
[June 3.]538. Index of papers relating to Massachusetts from 9th May 1670 to 3rd June 1682. 14 pp. [Col. Papers, Vol. XLVIII., No. 93.]
June 5.539. Circular from the King to the Governors of the New England Colonies. Announcing that he has taken New Hampshire under his immediate authority; and that he has instructed the Governor to give them all help in time of need, and looks for the like from them. [Col. Entry Bk., Vol. XCIX., pp. 158a–159.]
June 5.
Whitchall.
540. The Lords Proprietors of Carolina to [the Governor and Council of Carolina?]. We have recently made new regulations for government which we hope have reached you. We forbid any person to take up land within two miles, on the same side of a river, of an Indian settlement. Those who take up lands near the Indian settlements must help them to fence their corn that no damage be done by the hogs and cattle of the English. For we conceive that the Indians will be of great use to the English. Signed, Craven, Shaftesbury, P. Colleton, John Archdale (for Thomas Archdale). [Col. Entry Bk., Vol. XX., p. 195.]
June 7.541. Lords Proprietors of Carolina to [Governor and Council of Ashley River]. Mr. John Ashby, who has done us much good service in procuring seeds, wishes to enlarge his plantation. Permit his agent to take up not more than three thousand acres. Signed, Craven, Shaftesbury, P. Colleton. [Col. Entry Bk., Vol. XX., p. 204.]
June 7.542. Journal of Lords of Trade and Plantations. Sir William Stapleton's letter of 25th March read (ante, No. 447) respecting the seizure of Henry Brunet's ship and the suspension of proceedings owing to Brunet's naturalisation in Virginia. The Lords agreed to ask Chief Justice North's opinion, 1. If any alien naturalised in Virginia can lawfully trade in any other of the King's dominions. 2. Whether Sir W. Stapleton's proceedings have been according to law. The question as to the treaty of neutrality to be brought before the King.
The Lords were acquainted that the laws of Jamaica passed on 2nd July and 28th October 1681 were arrived (see Nos. 160, 270). Petition of Philip Dogherty and Richard Roerty respecting the cruelties of the Spaniards in the West Indies read. Secretary Jenkins to communicate them to the Spanish Ambassador. [Col. Entry Bk., Vol. CVII., pp. 25–30.]
June 7.543. William Blathwayt to Sir Leoline Jenkins. Forwarding copy of Sir Henry Morgan's letter of 8th March 1682 (ante, No. 431), for representation thereon to the Spanish Ambassador. [Col. Entry Bk., Vol. XCVII., p. 101.]
June 7.544. William Blathwayt to Lord Chief Justice North. Forwarding copy of Sir William Stapleton's letter of 25th March (ante, No. 447), for his opinion as to the condemnation of the ship. 1 p. Endorsed. Annexed,
544. I. State of a question concerning a New England vessel condemned in the Leeward Islands. An Act of Assembly has lately been passed in Virginia enabling the Governor to naturalise inhabitants of that Colony, being aliens or foreigners. The Act of 12 Car. II. forbids trade with the Colonies to all ships that are not owned by the people of England, Wales, Ireland, and Berwick, or are not built in the King's dominions abroad, under penalty of forfeiture. May an alien naturalised in Virginia lawfully trade to any other of the King's dominions? 1½ pp. Endorsed. [Col. Papers, Vol. XLVIII., Nos. 94, 94 I.]
June 7.
Nevis.
545. Governor Sir William Stapleton to William Blathwayt. On the 5th instant Captain Christopher Billop of His Majesty's ketch Deptford, by my orders weighed anchor, seeing a vessel tacking off the harbour several times without colours and sometimes with French colours. In fine she happened to be an interloper. The ketch coming up with her fired according to custom athwart her forefoot to make her salute the King's colours. As she did not obey the ketch fired at her, which fire she returned killing one man and wounding two. After a short conflict the ketch carried her into the old road of St. Christophers. Being at this time and distance from them, I can give no fuller account. Signed. 1 p. [Col. Entry Bk., Vol. XLVII., p. 42.]
June 7.
Middle
Plantation.
546. The Secretary of Virginia to Sir Leoline Jenkins. The only occurrence since my last is the completion of the disbandment of the soldiers this day. Their arms, partisans, halberts, and drums, are returned into store, and care has been taken for the passages of such as wished to return to England. Many more are provided for by being entertained by the garrisons at the heads of the rivers. While the disbandment was proceeding the danger of the Government was great, and the delay unavoidable. The soldiers and the plant-cutters encouraged by the general disorder supported each other. The soldiers, maddened by the wildness of the rabble, insisted on terms of disbandment, and, to gain them, refused for some days to quit either the main-guard or the magazine. Gentle methods were thought best for them and proved effectual. At present matters are quiet all over the country though not so firm as to be sure that the malignant humour may not break out again. The militia horse of Gloucester and New Kent are ordered to be in motion to preserve the peace. Our Indians, thank God, have as yet given us no anxiety this summer, and I hope will not, so that I may have no more returns to send you. Signed. Nicho. Spencer. 1¼ pp. Endorsed. Rec. 31 July. [Col. Papers, Vol. XLVIII., No. 95.]
June 7.
Boston.
547. Queries propounded to Governor Simon Bradstreet and the other members of the General Court of Boston by Edward Randolph. In trials under the Acts of Trade the defendants plead with success that those Acts are not in force in the Colony, not having been sufficiently published. I ask, (1) Is any law of the General Court of Massachusetts sufficiently published until made known by beat of drum and public reading? (2) Is any law not so published in force and to be owned as the law of the Colony? At a trial at the Court of Assistants on 1st June the Governor declared my letters patent were a sufficient warrant to me to search and seize vessels, &c. I ask, (3) Is not such declaration sufficient considering the powers specially conferred on the Governor to that end? And, has the General Court more power to alter an Act of Parliament than a clause in the Charter. At the same time the Governor and his assistant declared that three English Acts concerning trade were all of force in the Colony. I ask, (4) Should not such a declaration be received as sufficient? (5) And should it not be binding and warrantable ground for the King's officers to proceed on? (6) Are two of those Acts in force though not published by beat of drum? (7) Is the third of them, which has been published, in force, not being particularly mentioned as recited in the law. Signed, Edward Randolph. 2¼ pp. Endorsed. Recd. 23 June. [Col. Papers, Vol. XLVIII., No. 96.]
June 10.548. The Secretary of Virginia to Lords of Trade and Plantations. I enclose the returns of the transactions of my office. As you may be puzzled why the Assembly was convened in spite of the King's order, I may mention that some time before the arrival of that order, Sir Henry Chicheley summoned it without the advice of any of the Council, and that when the order came it was too late to prorogue it. The foot companies are disbanded, though not without trouble; and the country is quiet, though the plant cutters are much aggravated by their defeat and the sufferers by their losses. Great circumspection will be necessary for a time, but if the next month passes quietly we may think ourselves free from further fears. By that time crops of tobacco will be planted in all the counties except Gloucester and New Kent (which have destroyed their plants), and when the other counties have planted their crops they will resolutely go on to complete them, so that the mischief, if any, will be bounded by Gloucester and New Kent. Signed. Nicho. Spencer. 2 pp. Endorsed. [Col. Papers, Vol. XLVIII., No. 97.]
June 12.
James City.
549. Sir Henry Chicheley to Sir Leoline Jenkins. I have little to add to mine of 30th May. I hope to give you a full account of all our proceedings. All is quiet, but I know not what may come of the discontented planters and some foreign distracted Indians. Captains Arbuckle and Dix are not yet arrived. Signed, Hen. Chicheley. ½ p. Endorsed. [Col. Papers, Vol. XLVIII., No. 98.]
June 12.
James City.
550. Sir Henry Chicheley to Sir Thomas Chicheley. I expected to have heard from you before, considering our difficulties with the disbanded soldiers (see ante, Nos. 531, 546). The first troubles came of my unlucky summons of the Assembly, which was the result of a letter from Colonel Bacon enclosing part of one from Lord Culpeper. They debated long over the retention of the foot-companies, but with other designs, and finally answered that the cost would be too heavy for the Colony in its present necessitous state. Then they were prorogued; and the rebellion broke out. It may seem wonderful that I disbanded the foot-companies at such a time, but the truth is that they were quite out of control. I have no doubt that I shall be censured at home for these accidents. I hear that some of the shipping trade intend also to prosecute an attack against me. One of the three last ships brings with her an Act passed by Lord Culpeper forbidding tobacco to be shipped except at the ports of co-habitation, or before the 20th March, in spite of which Act two of these ships, the Constant Mary and the Henry and Anne loaded up and sailed before the 20th. By the Act they are forfeited for doing so, unless all Acts are to be counted invalid until confirmed by the King, which has never been the practice. If there be an error, it is because Lord Culpeper has told us nothing of the King's resolutions. Nothing has been concluded here for near two years, which one could think was time enough to give notice to this poor Colony. Pray mention this to Sir L. Jenkins. "Your most affectionate brother and humbleservant, Hen. Chicheley." 1½ pp. Endorsed. Recd. 30 Oct. 1682. [Col. Papers, Vol. XLVIII., No. 99.]
June 12.
Jamaica.
551. Sir Henry Morgan to Sir Leoline Jenkins. I received by the hand of Sir Thomas Lynch the King's orders of 7th September last for my dismission from the commands of Lieutenant-Governor and Lieutenant-General of Jamaica. I embrace them with all submission and obedience, but (though I speak it not from ambition of being continued, but for zeal for the King's service) I heartily hope the posts of Lieutenant and Major-General may prove as useless as they are represented to the King. Sure I am they have not appeared to be so hitherto, but whatever success the new direction of affairs here may have, my life and fortunes are always at the King's service. Signed, Hen. Morgan. ½ p. Endorsed. [Col. Papers, Vol. XLVIII., No. 100.]
June 12.
Jamaica.
552. Sir Thomas Lynch to Lords of Trade and Plantations. It is hardly possible to be alive and to have had more misfortunes than I have had on this voyage. After being sixteen or eighteen weeks wind bound, at extraordinary loss and expense, we embarked. We touched at Madeira, and there my wife miscarried and fell ill, so that after a month or five weeks I was forced to leave her behind with half my family. We left Madeira on 6th April, and five or six days later as we drew near the tropics I fell ill myself from the heat. We reached Barbados the 30th April, and stayed there three days. Between there and Jamaica I grew much worse, so that when I landed, on Sunday, 14th June, I was not able to go from pains and giddiness. However, I was led to church and there the King's commission was read. The same evening I swore them of the Council that were in town, and the rest next day, and I lodged at Captain Wilson's house, the King's being ready to fall. All the gentlemen in the county and the Militia were ready to attend me to town, but for six days I was unable to stir. During this time came a barco luengo from Carthagena, with a letter from the Governor asking leave to buy pitch, tar, &c., for refitting the galleons that were beaten back in distress. It seems that on the 8th May a storm took them, on their voyage thence, some twenty leagues to the eastward. One ship that had two million pieces of eight on board foundered, three others were driven back, and the rest proceeded to Havana. They have been in the Indies a year, and carried much plate. I gave him the leave he asked, and on 25th May sent the Norwich frigate with the barco luengo to Carthagena to convoy him, to acquaint the Governor formally of my arrival, and to demand some prisoners, and a sloop laden with sugar and indigo, that had run away from here. To induce him to do us right I sent him two Panama negroes brought by the pirates from the South Sea. While I was at the Point Captain Coxon, one of our famous privateers, brought me the enclosed commission, which I forward as a thing of the greatest import (this enclosure is missing). It is against the Treaty of Madrid, and I am sure it will cause a new sally of these rogues, whom any commission will serve. This extraordinary Captain-General Clarke was, I am told, one of Cromwell's officers. I know not whether he has his commission from Carolina or no. This "New Providence" and "Theory" are the Bahama Islands that lie to north of Cuba. They are barren and good for little, frequented by only a few straggling people who receive such as come to dive for silver in a galleon wrecked on that coast. I came here on the 25th May, though still very ill, because the officers and gentlemen would not go till they had seen me here. The King's house here being in as bad condition as that at the Point, I was constrained to go to Colonel Molesworth's. On the 27th May we had a Council, and I ordered Captain Morgan to send me an account of the arms and stores, which is here enclosed. I also ordered Sir Henry Morgan, Colonel Molesworth, Major Bach, and Captain Wilson to take workmen, inspect the ports, and make agreements for their repair. We also ordered the Collector to bring us the calculation of the revenue. This is not likely to amount to the appropriation this year, so I am like to live here, as I am come, at my own charge. The Collector has orders at the end of this month to give in his accounts for the last twelve months to the Deputy Auditor, who will bring them to the Council. I shall forward them to you that you may better understand what this revenue is, and whether the wool is answerable to the cry. I know not what to say of the laws, for I have only heard the Act of Revenue read, and I judge that if you do not like that you will not read the rest. I think we shall prorogue the Assembly to the time fixed by the Act, and before that the Council and I shall have your opinion on the laws, and shall know what to do. It is certain they will admit of no retrenchment by Order in Council. They seem to know what has been done in Virginia, Barbados, &c., and endeavour to provide against it. But possibly they may amend some things if you order it. I beg for your early instructions that I may call them and adjust with them if possible at least six months before the Act expires. Signed, Thos. Lynch. Endorsed. Recd. 16 Aug. Read 24 Aug. 1682. Enclosed,
May 31.552. I. Account of Military stores at Port Royal, from May 1680 to May 1681; showing quantities expended and remaining in stock. Long folding sheet. Signed, Ch. Morgan, this last May 1682. Inscribed. Recd. 16 Aug. 1682. [Col. Papers, Vol. XLVIII., Nos. 101, 101. I., and Col. Entry Bk., Vol. XXX., pp. 69–73 (letter only).]
June 13.
St. Jago de la
Vega.
553. Minutes of Council of Jamaica. Assembly prorogued to 26th October. The Governor gave his certificate that he had taken the test; ordered that entry be made of the Councillors' doing likewise. Ordered that the Receiver-General pay His Excellency six months' salary.
14th June, Ordered that a proclamation be prepared proroguing the Assembly till 21st September. [Col. Entry Bk., Vol. XXXVI., pp. 2a–3a.]
June 13.
Windsor.
554. The King to Sir William Stapleton. Forwarding the petition of Benjamin Middleton for enquiry and report, and ordering that meanwhile any Act passed to his prejudice be suspended pending signification of the King's pleasure. Counter-signed, Conway. [Col. Entry Bk., Vol. XCIII., pp. 167a, 168.]
June 13.555. Minutes of Council of Barbados. Order for the Commissioners of fortifications to leeward to report as to the resources available and necessary to finish the fortifications. Order for the Colonels of horse and foot to obey the previous order of 20th March. Order for payment of 15,489 lbs. of sugar to Thomas Bringhurst. The King's warrant for the appointment of Robert Davers to the Council read, after which the said Robert Davers took the oaths and his seat.
June 14.Order for the Judges of the Courts of Common Pleas to confer and present in writing an uniform code of methods and rules which shall be used in all the Courts, also that they instruct their clerks to be very careful to enter all records of writs of summons. Adjourned to 27th instant. [Col. Entry Book, Vol. XI., pp. 525–528.]
June 14.
Barbados.
556. Governor and Council of Barbados to Lords of Trade and Plantations. Forwarding quarterly returns of Council's affairs and of imports. Signed, Ri. Dutton, Fra. Bond, Richard Howell, Alex. Riddocke, Henry Walrond, Thomas Walrond, Jno Witham. 1 p. Endorsed and inscribed. Recd. 16 Aug. 1682. With a list of the enclosures endorsed, viz., Council Minutes, 24 Jan. 1682 to 29 April 1682, and three Acts. [Col. Papers, Vol. XLVIII., No. 102, and Col. Entry Bk., Vol. VII., p. 132.]
June 14.557. Journal of Assembly of Nevis. Proposed that two sloops well fitted for war be joined to the two from Antigua and the two from Montserrat to attack the Indians in Dominica. The Council concurs. The Assembly dissents, as Nevis has nothing to fear from Indians, and has not been troubled with them these twenty years. The coopers' petition granted, on condition that no more negroes or slaves be taught the trade. The Assembly concurred. [Col. Papers, Vol. XLVIII., No. 79.]
June 14.558. Order of the Governor and Court of Massachusetts, empowering their agents to spend up to 1,000l. to "improve any meet instrument for the obtaining of a general pardon and a continuance of the charter." Dated 5th May 1682.
A further order authorising credit for 3,000l. for the same purpose. Dated 14th June 1682. Copies. 1 p. Endorsed, Rec. 25 Apr. 1684. [Col. Papers, Vol. XLVIII., No. 103.]
June 14.
Boston.
559. Edward Randolph to Sir Leoline Jenkins. I gave you an account of the agents to be dispatched to England. That they may not fail of success the poor people have been taxed heavily to pay for that which their promises and pretences cannot obtain. Their last agents brought 4,000l. to account, part of which was disposed of to persons of great station at Court, by whose help, together with that of their Counsel, the Attorney-General, Sir William Jones, they averted the King's intended alterations in their government. But both Sir William Jones and Sir Francis Winnington have left their opinions on record with the Lords of Trade and Plantations that the misdemeanours objected against the corporation of Massachusetts contain sufficient matter to void the patent, which, however, cannot be done without a quo warranto. Since then, as if their former misdemeanours were not sufficient, they have opposed the King's letters patent and myself in the execution of my office. Endeavours are still used by the fanatics at home to keep up the minds of this faction by sending hither all sorts of scandalous papers in vindication of Lord Shaftesbury and Captain Wilkinson's information concerning Lord Shaftesbury. The prosecution of dissenters at home, and the appointment of Mr. Cranfield to New Hampshire has shaken the faction. Many of the loyal in this Colony expected that Mr. Cranfield would have been empowered to take over this government also. Whatever the agents may say, no good can be done here till the King settles matters by appointing an able and honest Governor. Nothing is to be expected of the reigining faction here but tricks. We hear, and hope it is true, that the Bishop of London is sending over to us an able Minister. Many will rejoice thereat, their children being still unbaptised and none admitted to the sacrament but members of their own congregational church. Ever since the Restoration this government has been complained of, but troubles at home have prevented the regulation of abuses. At the time of the rebellion in England, the disciples of Sir Henry Vane and of Hugh Peters got into the government, and saving eight or ten honest men few or none but rigid independents are in the highest places. Their will is their law; they eat and tax at pleasure all that are not of their party; they use the King's name to abuse his good subjects; and now whoever complains is punished for speaking against his government. Nothing will reduce the place to obedience, nor ease the suffering of their burden but a quo warranto, so often and so necessarily pressed for. Doubtless large complaints will be made at the Council. The Treasury and Custom-house are against me (as Mr. Danforth told me in open Court) as an opposer of the King's authority and disturber of his subjects. I have attended the King's service here for near seven years, have faithfully represented the public proceedings, and find no performance of the engagements faithfully promised at Whitehall. I have explained the reasons in my previous papers, and if I have offended I beg your intercession with the King. Mine is a troublesome place, having to do with a faction whose Christian policy is to support themselves by falsehood. I will stake my good reputation that if the agents come back with an olive branch, as our preachers pray here, that branch will be a fatal tree to me. Holograph. 2½ pp. Endorsed. Recd. 8 Aug. 1682. [Col. Papers, Vol. XLVIII., No. 104.]
June 14.560. Journal of Lords of Trade and Plantations. Three letters from Virginia of 8th May (see Nos. 493–495), respecting an insurrection, read, after which Lord Culpeper was called in, and several documents were read showing that the people much desired a cessation of planting tobacco. The Lords thereupon agreed on their report (see next abstract).
Lord Chief Justice North's opinion on Brunet's case (see ante, No. 544) read, to the effect that naturalisation in a colony is only local.
Draft of a letter to Sir R. Dutton in favour of the Royal African Company read. The Attorney and Solicitor-General to report what instructions the King may legally send to governors on behalf of the Company, the King being anxious to encourage it. [Col. Entry Bk., Vol. CVII., pp. 30–33.]
June 14.
Whitehall.
561. Report of Lords of Trade and Plantations to the King. We have received three letters from Virginia, dated 8th May (see ante, Nos. 493–495) reporting the insurrection in Gloucester County with its causes. We recommend that Lord Culpeper be ordered to repair to his government with all possible speed, to find out the promoters and abettors of this insurrection and to stop its further progress; and that to this end the frigate intended for Jamaica be immediately fitted out to carry him to Virginia, his Lordship having declared himself ready to go at a week's notice if necessary. We recommend also that in view of the nature of the insurrection some person who shall be found most guilty shall be forthwith punished, after which, and not before, the Governor may propose to the Assembly some method to temper the planting of tobacco, and so raise its price. And since Robert Beverley is represented as a promoter of these disorders and instructions have been given to Lord Culpeper to put him out of all places of trust, we recommend that those instructions be renewed and forthwith executed. Lastly, we offer that Lord Culpeper be directed to sell all such of your warlike stores as the county will buy, and secure the rest for your service. [Col. Entry Bk., Vol. LXXXII., pp. 74–77.]
June 14.562. Notes apparently made for the report of same date, and headed "Sir H. Chicheley." Endorsed, Note about Virginia. ¼ p. [Col. Papers, Vol. XLVIII., No. 105.]
June 15.563. Minutes of Council of Virginia. Order for the transfer of Robert Beverley to the custody of the sheriff of Northampton, to be strictly guarded. [Col. Entry Bk., Vol. LXXXIV., p. 127.]
June 16.
Accomack,
Virginia.
564. Charles Scarburgh to Sir Leoline Jenkins. It may seem strange for one so unknown as myself to address you, but my duty must be my excuse. The order of the Lords of Trade and Plantations is to transmit the journals of the Assembly, which by order of the House I am appointed to do, as also to give you an account of our deplorable condition. To do so adequately would require a volume, so I shall only say with the prophet "The whole head is sick, and the whole heart faint; from the sole of the foot even unto the head there is no soundness in it." Signed, Cha. Scarburgh. Holograph. 1 p. Endorsed. [Col. Papers, Vol. XLVIII., No. 106.]
June 16.
Barbados.
565. Sir Richard Dutton to [William Blathwayt]. I had hoped to have received instructions from you before this, but have been disappointed, which gives me melancholy apprehensions that my conduct is not approved. However, though reproved, I have acted for the best. I have sent constant reports home, but the pressure of business in this great heat has much impaired my health, though I think that it would soon be restored by a breath of my native air. I beg leave to return home next spring for three or four months, if my indisposition grows on me. I shall take care to leave behind me a deputy under whose guidance affairs will be safe, and it would be a gain to the King's service to hear an oral report from me of the state of these Colonies. I am out of purse at least 500l. since my arrival, and have not received a penny from the King since I took up the government, which is insupportable to me. I place myself in your hands. Holograph. 1 p. Endorsed, Recd. from Mr. Blathwayt, 8 Aug. [Col. Papers, Vol. XLVIII., No. 107.]
June 17.
Whitehall.
566. Order of the King in Council. Approving the report of the Lords of 14th June (ante, No. 561) respecting the insurrection in Virginia, and directing each recommendation to be carried into effect. Robert Beverley to be put out of all public employment on the arrival of Lord Culpeper. [Col. Entry Bk., Vol. LXXXII., pp. 77–80.]
June 17.
Whitehall.
567. Order of the King in Council. That Lord Culpeper embark for Virginia on the 1st August, and hold himself in readiness to embark at a week's notice. A frigate to be immediately equipped for him. [Col. Entry Bk., Vol. LXXXII., p. 81.]
June 17.
Whitehall.
568. Order of the King in Council. Report of the Lords of Trade and Plantations on petition of Thomas Sands, dated 1st June 1682. Ordered thereupon that Order in Council of 24th May 1678 be confirmed, and that petitioner be allowed to ship out of Virginia 580 hogsheads of tobacco free of the impost of that country in consideration of his losses, but that this allowance is not to be made a precedent. Lord Culpeper to see to the execution of this order. [Col. Entry Bk., Vol. LXXXII., pp. 81–83.]
June 17.569. Extract from a letter to Lord Baltimore from the Commissioners appointed to settle the boundaries of Pennsylvania and Maryland. We have taken three several observations, and in all of them have not differed two minutes. We find Mr. Augustine Harman's house to lie in 39°45', so that you have still fifteen minutes from here due north, which will go not far short of Upland; and this differs very little from their own observation lately taken, as we are credibly informed. We have tried to let all here know of your desire to determine the bounds. All seem much satisfied with you and blame Mr. Penn much, that after so many flourishes he should be thus backward. We question not but the line will fall to your satisfaction. Copy. 1 p. Endorsed. [Col. Papers, Vol. XLVIII., No. 108.]
June 17.570. The Clerk of Assembly of Nevis to Lords of Trade and Plantations. Forwarding Journal of the Assembly from 7th February to 13th April 1682. Signed, Thomas Thorne. [Col. Entry Bk., Vol. XLVII., p. 45.]
June 17.
Barbados.
571. Return of imports and of shipping from 17th March to 17th June 1682. 4 pp. [Col. Entry Bk., Vol. IX., No. 5.]
June 18.
Nevis.
572. Governor Sir William Stapleton to Lords of Trade and Plantations. I beg your particular attention to these lines, reporting the killing of one of the King's subjects and the wounding of six. I cannot say whether this will be found murder or rebellion, the truth coming about in this way. On Monday, the 5th instant, the ship Providence, of London, whereof George Nanton was master, was seen tacking off and on in sight of us all towards this roadstead, and in the end steering towards Statia. Captain Billop, of the Deptford, set sail after her, and, on firing a shot across her forefoot, to his great surprise found his fire returned, with the result already told. After preparation for action he summoned her to submit, and on refusal boarded her, and his men were called cruel rogues and pirates for their pains. I cannot yet get all the necessary affidavits drawn owing to the neglect of Captain Billop, who has hindered his men from coming forward, to prevent the discovery of the embezzlement by himself and his men of negroes' goods and African merchandise. I shall give you a fuller account of this in a later despatch. Billop went down to St. Christophers, though the wind was northerly, and as fair for his voyage hither as thither; he then stayed there five days without giving me the least account of his proceedings, apparently not thinking me worthy the apprisal of the death of one of the King's subjects and the wounding of others. After trying and condemning the ship's goods according to the Company's charter and the King's proclamation, I commissioned three gentlemen of the Council and a justice of the peace to examine Captain Billop and the warrant officers and seamen of the ketch respecting the embezzlement of ivory, red wood, copperas, wax, and all other African commodities. How they have been slighted shall appear under their own hands. Of two hundred and fifteen negroes imported hither Billop and his men have conveyed away all but eighty-four of the worst and twelve infected with small-pox, besides eight or nine killed, to say nothing of three or four mlions (sic) of elephants' teeth, of which he gives no account, not being satisfied with the fourth share allowed him by the Royal African Company. I have taken no part directly nor indirectly in the division of the charter, nor am I otherwise concerned in it than is prompted by my duty to the King; but if I allowed so palpable a fraud to pass, I might be justly suspected of connivance in the embezzlement of confiscated goods before adjudication. I send for the present an abstract (see next abstract) of the most material depositions, and shall send the authentic copies, or the originals, and the Commissioners' report hereafter. The trial for the murder is appointed for Monday next. It is hardly worth any one's time to beg for the King's share after such a "havoc and harlam," otherwise I should have begged you to procure it for me, for I was obliged to pay dear for the King's gift of the Tobago negroes, being compelled to refund 700l. Postscript.—I venture to suggest that you might cause the pay of the captain and crew of the ketch to be stopped to answer in part for the King's share. Signed. [Col. Entry Bk., Vol. XLVII., pp. 45–48.]
June 19.
Nevis.
573. Abstract of the depositions taken on 12th June concerning the embezzlement of goods on board the ship Providence by Captain Billop. A list of the witnesses examined, with the pith of their evidence. Attested by John Netheway, Charles Pym, and Jos. Jory, 19th June 1682. 2 pp. Endorsed. Recd. 24 August 1682. [Col. Papers, Vol. XLVIII., No. 109.]
June 19.574. Minutes of Council of Virginia. Order that Robert Beverley, who has escaped and been recaptured, be brought to James City. [Col. Entry Bk., Vol. LXXXIV., p. 128.]
June 20.
Jamaica.
575. Sir Thomas Lynch to Sir Leoline Jenkins. To add to the misfortunes of my fatal voyage I left my wife dying at Madeira, and as soon as I got into the tropics was taken ill myself. I have not been able to go, much less to write and give you an account of affairs. I was received with the usual noise that new Governors have, but found no house nor revenue, so was constrained to lodge for a month with my friends, and am now living at my own expense, which is very hard after having come here at such vast charge. I have made no alteration, only have put in Colonel Long as Chief Justice again. The people are waiting for the Lords' opinion of their laws, and seem confident they will pass. I have asked their Lordships to let me know their pleasure as soon as possible, in order to communicate it to the Assembly, and prepare the amendments that the Lords may direct. What they will do I know not. Holograph. 1½ pp. [Col. Papers, Vol. XLVIII., No. 110.]
June 21.576. Journal of Assembly of Nevis. Proposed by the Governor that measures be taken for suppressing and cutting off the barbarous Indians. Proposed by the Governor that the Act for impost on liquors be made perpetual. The Council concurred; the Assembly dissented. Proposed by the Governor, Council, and Assembly that no payment from the public stock be made by the treasurer except by warrant signed by the Governor and countersigned by one of the Council and the Speaker of the Assembly. Proposed that no person shall vote for an Assemblyman unless he has four acres of land of freehold. Agreed to by Governor, Council, and Assembly. [Col. Papers, Vol. XLVIII., No. 79.]
June 21.577. Minutes of Council of Virginia. Order for the delivery of the arms of the disbanded soldiers to John Page. [Col. Entry Bk., Vol. LXXXIV., p. 128.]
June 23.
Whitehall.
578. The King to the Governor and Company of Massachusetts. We have long had before us the complaints of Robert Mason against you for your exclusion of him from his territory in New Hampshire. We have taken the opinions of the Attorney and Solicitor-General and of the Chief Justices, who inform us in their report that your agents renounced the land claimed by Mason, and recommend that, as many parties are engaged, the case had better be tried by the local Courts on the spot. We therefore order that Mason be admitted forthwith to prosecute his rights in the Courts of Judicature, with right of appeal to us in Council. Also, since your agents have renounced claims to the lands between Naumkeck and Merrimac, you will put Mason in possession thereof forthwith. You will see that he has every facility for pursuing his legal proceedings. 3 pp. [Col. Entry Bk., Vol. XCIX., pp. 160–162.]
[June 23.]579. Edward Randolph's reasons for his protest against the law for creating a Naval Office, passed by the General Court of Massachusetts on 15th February 1682:—(1) The Act includes some of the English Acts of Trade and excludes others. (2) The erection of a Naval Office without the Governor's consent is repugnant to an Act of 15 Car. II. (3) The rule ordering masters of ships to enter and clear with their naval officer is repugnant to the Act which requires them to do so with the King's naval officer. (4) In the matter of bonds there is a repugnance analogous to the foregoing. (5) Also in the matter of certificates and (6) of security. The matter is argued at length. The whole, 3½ pp. Signed, Ed. Randolph. Endorsed. Recd. 23rd June 1682. [Col. Papers, Vol. XLVIII., No. 111.]
June 24.
Boston.
580. Abstract of letters from Edward Randolph. 16th May to 24th June. Letter to Commissioners of Customs, 16th May 1682. The Governor allowed my patent and powers, and denied his pass to ships outward bound until they produced my certificates. Some masters entered with me. But Mr. Danforth made a faction against me in the General Court, giving out that the charter of New England would be overthrown by my patent, and that the General Court alone had the right to appoint officers, also that none had power to seize ships without warrant from the governor or a magistrate. The faction being the Deputy Governor and six magistrates out of twenty, and the majority of the Court of Deputies carried it against the rest, and made a law that vessels should clear with Mr. Russell, their own newly-appointed naval officer. They published this law 25th March, and then called a council, when the Governor refused to swear Russell, but Danforth swore him in contrary to law. 4th April I protested publicly. 27th April I prosecuted two persons for threatening me in case I went aboard to visit. I offered to make affidavit thereof, but Captain Richards refused to swear me. The Johanna of Piscataqua smuggled fruit and Spanish wine ashore. I was directed to the warehouses, where they asked for the Governor's warrant; but the Governor held that the Act for preventing frauds was not intended to apply to the Colonies. The Swallow of Salem brought Scotch goods, but refused to show me her clearing, and my waiters were driven from on board her. Another ship entered with me, but refused to enter on oath. The Hope of Boston unloaded before entry, and Russell granted a search warrant, but hearing that I was ready also to search allowed the master to make entry, and I seized this ship. Ships from Virginia enter as they please; two of the Acts for Trade are not recognised in Boston; ships are loaded for Newfoundland but go to Scotland. The Customs were formerly worth 1,000l. per annum; since my coming it is worth but 400l. Sugar is brought from the West Indies, but the ships enter with Russell and refuse to enter with me. The faction is somewhat discouraged, however, by recent news from England. New Hampshire copied Boston; fined and imprisoned my officers, but grew more moderate since the news that Mr. Cranfield was coming. The news from England also saved me from prosecution under their revived conspiracy law. Letter to the same, 14th June 1682. I had three trials at Boston on 1st June. The first was for Scotch goods brought in the Susanna. Just before the trial the evidence was conveyed out of the way. I moved that the merchant being a Scotchman should show his clearing which he could not, but the goods were none the less acquitted. The next was the case of the Hope. I was cast because I had no warrant. The Governor and magistrate held my patent to be sufficient warrant and sent out the jury three times, but they would not alter their verdict. Appeal was refused pending signification of the King's pleasure. The third was the William of Bristol, which was acquitted. With the consent of the Governor I drew up some queries which were read in the General Court. The deputies are much displeased thereat and are suddenly dissolved. Letters of 20th and 21st December 1681. I have been coldly received. I suspect they have a copy of my articles against Danforth. The factious party are against the Governor, and have ordered his salary to be paid in Indian corn at 3s. 6d. a bushel, which is above the market price. The laws have not been repealed as reported to Sir L. Jenkins. They were reviewed and some corrected, and new laws were prepared, but the Deputies would have no alteration. The Acts of Trade are not yet declared law. Letter of 11th January 1682. By the law of the Colony the people have appropriated fines and forfeitures to themselves. Owing to my articles against Danforth he has a majority of votes to be the next Governor. Bradstreet is eighty years old. I wish Danforth to be summoned to England. Letter of 10th April 1682. The General Court sat for five weeks from 15th February. They have erected a naval office of their own, and they have revived an old law making it death to attempt to subvert the Government, which is directed against me. They allow me to make no seizures without security or without warrant from the Governor. The Agents, and their instructions. Waldern and Vaughan of New Hampshire are consulting the General Court how they shall receive the King's Patent. Letter of 18th May 1682. Of the Agents Dudley is opposed to Danforth's faction; his fortune is to make; he could be gained and would be useful. Richards is a bigot against the Governor. The grounds of their defence are:—1. Confirmation of their Charter by the Royal letters of 28th June 1664. 2. Their power to choose officers. 3. The Act of Trade directs the Governor to take the oath, but the King's letter is addressed to the Governor and Company, and therefore the General Court is the Governor intended. The Governor had proposed to recognize Randolph and always refused to recognize Russell. Dudley will give you a sight of the Agent's private instructions, which are said to be saucy. Richards told me that they have private information of all my articles, petitions, &c. Pray let these articles be answered by the Agents before they are allowed to criminate me. I am still obstructed in every way. Danforth's creatures are the great obstacle. Letter of 25th May 1682. Great endeavours were made yesterday to elect Danforth Governor but he lost it by much. Letter of 14th June 1682. My protest has been inspected. I wrote to the Governor protesting against Danforth's hearing my appeal in the province of Maine, but the Court breaking up suddenly the letter was not read. I shall go to Maine to desire the continuance of the appeal till I have an impartial judge. Letter of 24th June 1682. I recommend the business of Richard Smith who desires that the case of Hog Island between himself and the Governor of Rhode Island may, if undecided, be referred to Mr. Cranfield. The Governor of Rhode Island has evaded the taking of the oath to observe the Acts of Trade. List of documents enclosed. 10 pp. Endorsed. [Col. Papers, Vol. XLVIII., No. 112.]
June 25.581. Lords of Trade and Plantations to the Governor of New Hampshire. Requiring a full account of the province and of the working of the Acts of Trade and Navigation. Signed, Anglesey, Ailesbury, Arlington, Clarendon, Craven, L. Jenkins. [Col. Entry Bk., Vol. LXVII., pp. 64–66.]
June 25.582. Minutes of Council of Virginia. Order for the transfer of Robert Beverley to the custody of the sheriff of Northampton. Order for Colonel William Cole to impress a suitable vessel and collect sufficient men to be in readiness to sail in chase of a pirate which has lately taken property from two houses on Tindall's point. A further order for transfer of Robert Beverley to James City to be brought before the Council. [?Misdated for 25th July.] [Col. Entry Bk., Vol. LXXXIV., pp. 129–130.]
June 27.583. Minutes of Council of Barbados. Captain John Dempster being returned a member of Assembly took the oaths and signed the test.
June 28.Bill for the settlement of the militia sent down to the Assembly. Order for Thomas Bringhurst to inspect and report on the condition of the powder issued to several persons between 1672 and 1681.
June 29.The Assembly brought up the Militia Bill with amendments, some of which were accepted. John Witham, Edwyn Stede, and Thomas Walrond appointed to confer with them as to the rest. The Assembly also brought up a Bill to supplement the Act for the better ordering of negroes. On petition of Joseph Jephson the Governor issued his warrant to the Treasurer for payment of the sums due to him.
June 30.The Assembly brought up sundry expiring Acts to be continued, also the Militia Bill, still with the amendments which the Council had rejected. The Council adhered to its rejection and a second conference was held. The Assembly brought up a Bill to encourage the importation of Christian servants. Order for the Treasurer to pay current expenses out of the funds now in his hands.
July 1.Order for payment of debts from the public due to Jeremiah Cooke and George Andrews for labour and hire of lands for fortifications; the Provost Marshal to gather in the arrears due to the public with all speed. Acts respecting tickets of the Secretary's office and for destruction of monkeys read a second time, amended and sent to the Assembly. The Assembly agreed to the former. The Assembly brought up the Militia Bill with a supplemental clause which was rejected. The Governor told them that they had been very tedious in dealing with this Bill, and must decide whether to pass it or continue the old Act. They chose the latter. The Governor promised to examine the statement that Thomas Forrester had converted fines and forfeitures to his own use. [Col. Entry Bk., Vol. XI., pp. 528–536.]
June 27.584. Journal of Assembly of Barbados. The Committee presented the amendments to the Militia Act. Voted that the members of Assembly be rebated one horse, and that refractory persons be dealt with as under the old Act.
June 28.Militia Act. Voted that two tenants occupying two acres of land be allowed instead of three servants; that the appearances of the life-guard on alarms remain unchanged; that one hundred acres be a fit estate for a field officer. Act for settlement of militia received from the Council. One amendment carried. Act for ascertaining parish boundaries and every man's land received formr the Council.
June 29.Militia Act amended and returned to the Council. Supplemental Bill to the Act for the better ordering of negroes read a first time. The Governor asked for a Committee of the Assembly to meet one from the Council on the amendments to the Militia Act. Christopher Codrington, Richard Guy, Edward Littleton, John Codrington, Richard Seawell, William Foster, and John Davies appointed. Act subjecting rents and profits of lands and negroes to taxation read a first time. The Committee of Conferrers reported the amendments of the Militia Bill that were not consented to by the Council. Voted that half the fines raised under the Bill be paid to the treasurer, and that the Bill endure for two years.
June 30.Several Bills for the revival of expiring laws read. Voted that the amendments to the Militia Bill shall pass as now read. The Committee reported that the Council would not agree to two of the amendments. Address to the Governor requesting authority for the Treasurer to use 1,000l. of the levy for payment of local debts, since he cannot get bills to remit the same to London.
July 1.Militia Bill. Clause granting 70l. per annum to the Marshal of Horse and 60l. to the Marshal of Foot passed. Act for destruction of monkeys returned from the Council with an amendment which was accepted. Bill respecting tickets from the Secretary's office returned from the Council with amendments. Bill for prolonging the old Militia Act for another six months read. Address to the Governor requesting that Thomas Forrester be compelled to give to the public certain sums that belong to it. Adjourned to 11th July. [Col. Entry Bk., Vol. XIII., pp. 484–490.]
June 28.585. Journal of Lords of Trade and Plantations. The Lords desire Secretary Jenkins to consider whether the Act for the better resettlement of St. Christophers is consistent with the Treaty of Breda. Sir William Stapleton's letter of 6th April (see No. 460) read. The Lords, to lessen the expense of ordinary recruits, agree to report that men may be sent as supernumeraries with the frigates from time to time, and thirty-nine men sent by next opportunity. On Brunet's case the Lords, in Chief Justice North's opinion, hold his ship to have been justly condemned.
Mr. Randolph's letter of 10th [11th] April read (see No. 466). [Col. Entry Bk., Vol. CVII., pp. 33–35.]
June 28.
Council
Chamber.
586. Report of Lords of Trade and Plantations to the King. We have received a letter from Sir William Stapleton dated 25th March (see ante, No. 447), reporting the condemnation of a ship part-owned by Henry Brunet, a Rocheller. We have consulted Chief Justice North on the question raised by Sir William and we agree with him that this ship has been lawfully seized and condemned. Sir William should therefore put the bond in suit, and oblige the surety to answer to you for the value of the ship and goods. Sir William also asks in a letter of 6th April (ante, No. 447) for occasional recruits for the companies in St. Christophers. This may be easily and cheaply done by the conveyance of the ships sent from time to time to the Islands, and we suggest the sending of thirty men by the Lark frigate, which will presently be sailing, as supernumerary to the complement of the ship. [Col. Entry Bk., Vol. XLVII., pp. 40–41 and pp. 43–44.]
June 28.
Council
Chamber.
587. William Blathwayt to Secretary Sir Leoline Jenkins. The Lords of Trade have received the enclosed Act for the resettlement of St. Christophers, and, observing that it relates chiefly to the French inhabitants, desire your opinion whether it is in accordance with the Treaty of Breda. 1 p. Endorsed. [Col. Papers, Vol. XLVIII., No. 113, and Col. Entry Bk., Vol. XLVII., p. 41.]
June 28.
Council
Chamber.
588. Heads of inquiry to be answered by Edward Cranfield respecting New Hampshire. Twenty-five heads, desiring the usual information. [Col. Entry Bk., Vol. LXVII., pp. 66–69.]
June 28.589. Lords of Trade and Plantations to the Secretary of New Hampshire. For enforcement of the Circular requiring the transmission of quarterly returns. Signed, Anglesey, Ailesbury, Arlington, Clarendon, Craven, L. Jenkins. [Col. Entry Bk., Vol. LXVII., pp. 69–70.]
[June.]590. Petition of William Dyre to the Duke of York, enumerating his grievances (see next abstract), and asking him for leave to petition to the King for immediate trial or release. 1 p. Endorsed, "To give to Secretary Jenkins from the Duke." [Col. Papers, Vol. XLVIII., No. 114.]
June 29.
Whitehall.
591. Order of the King in Council. Referring the petition of William Dyre to Lords of Trade and Plantations for report. Signed, John Nicholas. ½ p. Annexed,
591. I. The petition referred to. I was commissioned to be the Duke of York's Collector in New York in 1674 and remained so till 1681, when several merchants' factors refused to pay their customs duties and accused me of high treason. I was sent home to be tried for my life and was enlarged on bail, since when I have waited in vain for the accuser to prosecute his charge. I beg reparation and release from bail. Copy. 1½ pp. Endorsed. Recd. 21 June 1682. Read 6 July 1682. Printed in New York Documents, Vol. III., pp. 318–319. [Col. Papers, Vol. XLVIII., Nos. 115, 115 I.]
June 29.592. Warrant to the Master-General of the Ordnance to deliver two flags to Edward Cranfield for the forts in New Hampshire. [Col. Entry Bk., Vol. XCIX., p. 163.]
June 30.593. The King to Sir William Stapleton. Warrant for Thomas Plott to be sworn of the Council of Nevis. Countersigned, Conway. [Col. Entry Bk., Vol. XCIII., p. 168, and Vol. XLVII., p. 73.]
[June ?]594. Depositions of Nicholas Wardner, Thomas Wilkison, and Anne Wilkison, respecting certain words spoken by Thomas Danforth or others in their hearing, to the effect that in New England they were a free people, with whom the King had no concern 2 pp. Endorsed, "The persons herein named are ready to depose the matter of fact but nobody will take their deposition." [Col. Papers, Vol. XLVIII., No. 116.]