America and West Indies
December 1682, 1-15

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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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342-357

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'America and West Indies: December 1682, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 11: 1681-1685 (1898), pp. 342-357. URL: http://www.british-history.ac.uk/report.aspx?compid=69869 Date accessed: 20 September 2014.


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December 1682

Dec. 1.
Portsmouth.
824. Governor Cranfield to Lords of Trade and Plantitaions. As to the business of Messrs. Waldern and Martyn, I appointed a time for the examination thereof, and gave Mr. Mason notice to prepare his charges. On the other hand, Waldern and Martyn offered to prove sundry things from Mason's own words and writings that were disrespectful to the King and his authority, and such as were not to be allowed. Having no instructions I did not receive these allegations as charges, but send you a copy, together with their answer to each of Mr. Mason's and Mr. Randolph's charges. On the whole I think that, though there might have been some heat of spirit and undueness of expression between Mr. Mason and them, yet that there was nothing to render them guilty of disloyalty, with which they were charged, indeed rather the contrary. On the 14th November, therefore, I took off their suspension and restored them to the Council, finding them very useful for the King's service here. As to Mr. Mason, he has much misrepresented the whole matter, the place being not so considerable, nor the people so humoured as he reports. There are but four small towns, all impoverished by the expenses of the last Indian war, and several hundred pounds in debt on that account to this day. I find them very loyal to the King and respectful to myself, willing to do what they can in support of the Government, but unable to do as much as has been pretended. Far from being ready to own Mason as their proprietor, they are very slow to admit of any one but the King. Whatever their first compliments in the matter, few or none are willing to comply, except some few Quakers, and they only on condition of his recovering the whole, but the general wish is for a decision of the case by law. I conceive, therefore, that Mason has taken wrong measures for his procedure. He thought that, by laying aside Waldern, Martyn, and the principal Minister, he would have frightened the people into compliance with him, but finds himself mistaken; whereas had he asked for a trial on the spot he would, in my opinion, have been nearer an end of his business than he is. So far he has summoned but one person before me, who has given his reasons for refusing to comply with him. Copy thereof shall be enclosed in my next. Mason, seeing that the people were fixed in their opinion, by Mr. Chamberlain's advice, pressed me to restrain the cutting of wood, which would have led to ill-consequences if I had consented, for without wood for firing and merchandise the poor people would perish. Although I have not been fairly treated by Mason and Chamberlain for refusing to gratify them, I have adhered to my instructions respecting Mason's claim. Had I yielded to the violent courses that they urged, I should have greatly disturbed the people without promoting the King's interest, which is far above that of any private individual. Indeed, the people scruple not to say that it is Chamberlain's friendship with Mason that puts him to such unsafe and irregular counsels. Major Shapleigh, a Quaker, now dead, used to be held responsible for it, but now it lies at Chamberlain's door. They object further, on the ground of his indigency, that he should be entrusted with the custody of all their deeds and records, that all their titles to land, &c., should be in the hands of a friend to their antagonist, who has given no security for the proper discharge of his duty, and indeed could not give it. They submit quietly to the King's wishes, but ask me to lay the matter before you. I must needs add that I find him very incapable of the duties of his place, whether from original incapacity, dejection, or disappointment I know not, but he gives me great anxiety in the discharge of my duty. I have settled him as Secretary, Clerk of the inferior Courts, and Keeper of the Records, so that he receives what fees there are, though I do not think that they are many. He thinks himself hardly dealt with if he have not the profits of the seal and of every summons or warrant, which may be worth ten pounds a year, but, when any offer of service to the King is made to him, he declines it. Thus I sent him a commission constituting him a Judge of the Admiralty Court. He declines; whereby the King's business is obstructed, and damage like to come of the non-execution of the Acts of Trade. If the methods of Government be carried out according to my instructions, the expense and labour in writing will be little less than that of other plantations, while our income is so small that Kingsbridge could as easily bear the cost as this province. If Mason did get sixpence per pound of all the improved lands, it would not (for all his high talk about a fifth of the rent) amount to one hundred pounds a year. But, if the province of Maine were added to this government, we could put a tax on boards and timber that would support it. But I shall obey your orders cheerfully while I am here.
As to ecclesiastical matters the attempt to settle the way of the Church of England here will be very grievous to the people, what-ever Mr. Mason may have said. They are very diligent and devout in their own worship, very tenacious of it and very grateful for the King's indulgence to them therein. The Central Assembly after three weeks' sitting has gone into recess by reason of the sharpness of the season and the shortness of the days. They were not able to sit above three or four days a week. Altogether their business is much retarded. Some laws they have passed, but should I have awaited Mr. Chamberlain's transcription of them I could not have given you a sight of them by this conveyance. Authenticated copies will follow. I submit that the prohibition upon Council and Assembly from meeting in houses of entertainment is impracticable here without great inconvenience. We have found it so this session, and shall find it so still more when the country round about comes in for the Courts of Judicature. I beg for indulgence herein, and that the income gathered by courts may be taken to defray the expenses of courts while sitting in another place. For it is hard for judges, justices, and jurors to spend their time at their own cost. I forgot to add that, upon arguing Captain Stileman's case with Mason, the old record book of the province was produced, wherein it appeared that in Captain John Mason's lifetime the inhabitants, being wholly without government, were forced to enter into a combination to govern themselves by the King's laws, when they found by experience that they could not govern themselves. As for taxes, the people own that Massachusetts spent several thousand pounds for them in the Indian war, for which they never had compensation. I think that the people upon a further hearing will have much to object to Mason's proprietorship. Signed, Edw. Cranfield. 2½ very closely uritten pages. Endorsed with a long précis. Recd. 23 [?13–23] Feb. Read 27 April 1683. annexed,
824. I. Articles exhibited against Richard Waldern and Richard Martyn by Robert Mason. Nine brief articles and as many brief answers arranged in parallel columns. Large sheet. Endorsed. Recd. 13 Feb. 1683.
824.II. Several misdemeanours exhibited against Robert Mason by Richard Waldern and Richard Martyn. Five articles. 1 p. Endorsed. Recd. 13 Feb. 1683.
824.III. Copy of the resolution of the people at Piscataqua to combine for the enforcement of the laws of England in 1640. Forty-two signatures, Richard Waldern's among them 1 p. Copy certified by Edw. Cranfield. Endorsed. Recd. 13 Feb. 1682–83.
824.IV. Richard Chamberlain's refusal to accept the Commission of Judge of the Admiralty Court in New Hampshire. 28 Nov. 1682. Copy certified by Chamberlain. Endorsed. 1 p. [Col. Papers, Vol. XLIX., Nos. 116 i.–iv., and (letter only) Col. Entry Bk., Vol. LXI., pp. 77–83.]
Dec. 1.825. Governor Cranfield to Sir Leoline Jenkins. I have written at large to their Lordships. There is great want of arms in this province. Would you move for five hundred firelocks and one hundred and fifty cases of pistols for us? Signed, Edw. Cranfield. Endorsed. Rec. 13 Feb. 1682–83. [Col. Papers, Vol. XLIX., No. 117.]
Dec. 2.
Barbados.
826. Sir Richard Dutton to [Sir Leoline Jenkins]. I did not expect to write again; but it is to me a great and unexpected accident to hear of any man breaking gaol with hopes of getting off this Island undiscovered. It looks as if the prisoner were born to give us the greatest precadent of villainy ever known in the Island, so I must beg leave to tell you the story. Hanson, my adversary, was a prisoner under the Marshal's custody by commitment of myself and Council. He pretended to the Marshal that he would give bail, which the Marshal really believed that he would, and so granted him too great liberty and the means of escaping from the gaol. This he succeded in doing on Tuesday last. There was a hot pursuit directly the escape was discovered, but it was presently reported that he had managed to get on board one of the ships that sailed for England that morning. The Marshal is much troubled at his misfortune. I can call it by no other name, for he is an honest man, who was sold out here as a slave for helping the King after Worcester, and is resolved to make a vigorous pursuit after his prisoner to England, though it was a great risk for one who had lived so long in a hot climate to expose himself to the extremity of the winter, and the expense of the voyage must needs be great. He will bring a petition with him which he will present to you to be laid betore the Council, or the King and Council, as you shall think most fit, for the apprehension of his prisoner and his return to this Island. He is but four days after Hanson, and is so eager in pursuit that I hope he may have a prosperous voyage. If Hanson should hear of his arrival he will not dare to show himself, so I have ordered the Marshal, Mr. Hannay, to conceal himself, if he hears that Hanson is arrived before him, until he knows his whereabouts, and has the King's warrant for his apprehension, which I have no doubt will be granted to him if you please to move in his behalf. I feel ready enough to pursue him to any part of the King's dominions myself, did circumstances permit me. I confess that the Marshal's zeal in pursuit is fortunate for me, since it acquits him of all complicity in the escape, and will place him on the spot to swear to the authenticity of the records which I have transmitted on Hanson's case. If, therefore, he arrives in England before my business against Hanson be heard in Council, I beg that he may be summoned as a most material witness on my side. Postscript.—If any desire on behalf of Colonel Stede that he may have liberty to transfer his interest of Provost Marshal to the Deputy, George Hannay, I beg that it may meet with no obstruction, for he is extraordinarily well qualified for the office. Holograph. 2 pp. Endorsed. Recd. in March. [Col. Papers, Vol. XLIX., No. 118.]
Dec. 2.827. Journal of Lords of Trade and Plantations. Acts of Jamaica considered. Act for a ferry at St. Catharine's approved conditionally. Act to ascertain the value of foreign coins to be enquired into. Act for maintenance of the bridge at Passage Fort approved conditionally.
The new rule as to presents to the Governor altered. The money to be given to the King with a request that he give it to the Governor.
Report as to Mrs. Jeffreys approved.
Mr. Jeaffreson, Agent for the Leeward Islands, called in, who showed a plot of the fort of St. Christophers containing two acres of ground, and prayed the King to allow the Island some great guns. He was referred to the Commissioners of Ordnance. [Col. Entry Bk., Vol. CVII., pp. 88–89.]
Dec. 4.
St. Jago
de la Vega.
828. Minutes of Council of Jamaica. Captain Anthony Swymmer's account for repair of fortifications presented. Ordered that the Governor be pleased to examine and pay for it. The Minutes from 14th August to this day were sent to England on 21st December. Copy of covering letter inserted. The outer sheet endorsed, Recd. 3 March 1682–83. [Col. Entry Bk., Vol. XXXVI., pp. 12–14.]
Dec. 6.829. Memorandum. Sent this day to Sir William Stapleton. Act for the better settlement of St. Christophers confirmed. Letter from the Lords of the Treasury to execute the sentence against Brunet's ship and duplicate of Order in Council of 3rd August 1682. Duplicate of Order, 3rd November 1680, respecting leave of absence to Governors. [Col. Entry Bk., Vol. CVII., p. 89.]
Dec. 6.830. Certificate from William Blathwayt, that the Lords of the Treasury have stopped the payment of the salary next due to Lord Culpeper until the fees for passing his Commission are satisfied. Copy. ¼ p. [Col. Papers, Vol. X LIX., No. 119.]
Dec. 6.
Whitehall.
831. Order of the King in Council. Report of Lords of Trade and Plantations on the petition of Mrs. Susan Jeffreys, recommending that she be released from her bond as she desires (see ante, No. 820). Dated, Council Chamber, 2nd December 1682. Ordered accordingly. [Col. Entry Bk., Vol. L X X X I I., pp. 90–92.]
Dec. 6.
Whitehall.
832. Order of the King in Council. Report of Lords of Trade and Plantations. By Sir Richard Dutton's letter of 29th August last (see ante, No. 666), we learn that among other good services he has passed an Act in the Assembly of Barbados for an impost on imported liquors for one year, and prevailed with the Assembly to use the style of enacting laws in England. He also asks for leave of absence to recover his health. We recommend that this be granted by Order in Council on condition that he draw half salary during his absence, the remaining half to be given to his deputy; which practice we recommend shall apply in future to all the Colonies in such cases. We notice that the Assembly has given Sir Richard Dutton fifteen hundred pounds as a present out of the money to be raised by that Act. Though we believe him to be very deserving, we think it unfit that any money should be given by any Assembly to a Governor which shall not be voted to your Majesty, with a request that it be applied to the use of that Governor, when you may approve or disallow it at your will; or that any Act be passed for raising money whereby the same shall not be given wholly to you for such uses as shall be directed by the Act. We understand further that judgment has lately been passed in the Exchequer of Barbados for 579l. 10s. due to you from Colonel Christopher Codrington, as to which Sir Richard Dutton asks for your mercy towards him. We recommend that the money be levied according to judgment. Lastly, we submit that the number of twelve Councillors being sufficient for the Island, you will forbid the same to be exceeded on any account whatever. Ordered accordingly. Secretary Jenkins to prepare the necessary letters. Signed, Francis Gwyn. 2½ pp. Endorsed [Col. Papers, Vol. X LIX., No. 120, and Col. Entry Bk., Vol. VII., pp. 141–143.]
Dec. 8.
Barbados.
833. Governor and Council of Barbados to Lords of Trade and Plantations. Forwarding quarterly returns of the Council's proceedings and of imports. Signed, Ri. Dutton, Robert Davers, Richard Howell, Saml. Newton, Edwyn Stede, Henry Walrond, John Witham. 1 p. Endorsed. Recd. 3 April 1683. [Col. Papers, Vol. XLIX., No. 121, and Col. Entry Bk., Vol. VII., p. 184.]
Dec. 8.
Whitehall.
834. Order of the King in Council. Referring the petition of Richard Thayre to the Lords of Trade and Plantations for report. Signed, Francis Gwyn. ½ p. Annexed,
834. I. Petition of Richard Thayre of Braintree, New England. I went to New England forty years ago and bought a large tract of land from Wompatuck Josias, an Indian Sachem, which is now called Braintree. Though the southern bounds of Massachusetts are fixed by charter, they have lately enlarged them by an imaginary line, and thereby taken Braintree and other lands belonging thereto into their jurisdiction, and disposed of a great part of my land to Captain Thomas Savage and Captain Clapp. These men have long distrurbed me in possession, and I was compelled to defend my title at Boston. But the Court would not allow my enrolled deed from Wompatuck, and I thereupon appealed to your Majesty in Council, but this also was refused. Three years ago I came over to England to appeal in person, but was dissuaded by the Agents Bulkeley and Stoughton, who assured me that I should have justice in New England. I therefore returned thither, where, instead of being restored I have been dispossessed and ruined. Now as Braintree lies outside the jurisdiction of Massachusetts, I and the other Proprietors wish to be under your Government and not under the tyranny and oppression of Massachusetts. I beg for consideration and redress. Copy. 2 pp. [Col. Papers, Vol. XLIX., No. 122, and Col. Entry Bk., Vol. LXI., pp. 168, 169.]
Dec. 9.835. Journal of Lords of Trade and Plantations. Six Acts of Jamaica confirmed conditionally, and one confirmed absolutely. Draft order respecting transportation of servants approved, and to be presented to the Council Board with Chief Justice North's alterations. Agreed to recommend that half perquisites and emoluments as well as half salary be allowed to Deputy Governors in future. No Commander-in-Chief for the time being to be henceforth appointed, but in case of the Governor's absence the King to commissionate (sic) a Lieutenant Governor.
A letter from Mr. Bacon, Auditor of Virginia, to Mr. Blathwayt, dated 26th August, read. Ordered that Lord Culpeper, and in his absence his agent, account to the Auditor for all perquisites received by him as Governor. The letters patent to Lord Culpeper for the quit-rents of Virginia to be consulted on certain questions of trade.
The petition of Gabriel Rappe, a French Protestant, for liberty to make salt in the plantations between 36° and 52° North, read, Agreed to report that the land is all granted away, but to recommend the petitioner to the Duke of York for liberty to make salt in New York. [Col. Entry Bk., Vol. CVII., pp. 90–92.]
Dec. 10.
Whitehall.
836. Order of the King. That when Governors in Chief are absent from their Governments, Their deputies shall draw a fullhalf of their salary, perquisites, and emoluments. Countersigned, L. Jenkins. [Col. Entry Bk., Vol. XLVII., p. 70.]
Dec. 10.
Whitehall.
837. The King's Warrant for the allowance of half the Governor's salary to the Deputy Governor of Barbados during the Governor's absence. Countersigned, L. Jenkins. [Col. Entry Bk., Vol. VII., p. 146, and Vol. XCVII., pp. 113, 114.]
Dec. 10.838. Circular. The King to the Governors of the Colonies. Ordering that half their salary shall be paid by absent Governors to their deputies who administer the Government. Memorandum.—The circular was sent to the Colonies on 13th January 1683. [Col. Entry Bk., Vol. XCIX., p. 185.]
Dec. 10.
Whitehall.
839. The King to the Proprietors of Carolina. As you were in doubt as to the position of Maurice, Lord Fitzhardinge, Sir William Berkeley's heir, we give you to understand that we intended by our letters patent that Sir William's full privileges as a Proprietor should descend to his heirs, and we therefore recommended to you Lord Fitzhardinge for full investiture with the same. Countersigned, Conway. [Col. Entry Bk., Vol. XCIII., pp. 169, 169a.]
Dec. 10.
Somers'
Islands.
840. Answer to a paper presented to the Governor and Council on 25th November 1682, by Samuel Trott, as an information against John Hubbard, sheriff, wherein it is declared that Trott had a boat laden with tobacco, with three white servants and one slave, and that he had not heard of boat, goods or servants since the day that Captain Edward Clemens sailed from the Island, wherefore he called John Hubbard to give what account he knows of the same. The Governor and Council ordered Hubbard to give his answer in writing, which he did as follows:—(1.) It was my duty to prevent all ships from carrying away tobacco of the crop of 1682. A ship came in which I suspected would take in tobacco. Several boats, in disobedience to my orders, sailed out to her and put their tobacco on board. One boat, in which was Samuel Trott's son-in-law, sailed far out to sea after the ship, deeply laden with tobacco in spite of all warnings. The weather was bad and the night was dark, and that is all that I know. (2.) It is contrary to law to transport tobacco out of these Islands except as the Company directs. I did my duty in endeavouring to enforce the law. Signed, John Hubbard. Copy certified by Henry Tucker, 2 January 1682/3. Sworn a ture copy, and attested by Henry Durham, Governor, March 28, 1683. 2 pp. [Col. Papers, Vol. XLIX., No. 123.]
[Dec.]841. Governor Cranfield to [Sir Leoline Jenkins?]. The enclosed petition was brought to me by Captain Francis Champernoun on behalf of the inhabitants of the Province of Maine. Pray present it to the King in Council. The advantages of joining Maine to this province would be very great, not only as a means to support the Government, but also to keep the people in loyalty, for at present they are hedged in by the Bostoners, who do all they can to undermine the settlement of the King's Government. I am now better able to give you a report on the Colony. Its condition is very mean. There are not ten men worth five hundred pounds apiece; and things are not likely to improve, for they have neither fisheries nor timber. Should Mr. Mason dispossess the towns of their unimproved lands it will be impossible for above four or five families to subsist, for they will have nowhere to feed their cattle in summer and winter. Most of the inhabitants say that they must go, unless Mr. Mason accepts an acknowledgment for the unimproved as well as for the improved lands. If every man willingly paid his six-pence in the pound, the sum would not amount to above 100l. a year. The people are ready to do anything in reason for Mr. Mason, and contrary to my expectation profess great loyalty to the King. You would do us great service by procuring us some tirearms. When the Assembly meets I shall endeavour to pass laws that are satisfactory to the King. 1½ pp. Signed, Ed. Cranfield. Endorsed. Recd. About 29 Jan. 1683. Annexed,
841. I. Petition of the inhabitants of Maine to the King. For relief from the burdensome rule of Massachusetts, and for establishment under the King's immediate authority. Thirty-nine signatures, all written by three or four persons. 1 p. Endorsed. [Col. Papers, Vol. XLIX., Nos. 124, 124I.]
Dec. 10.
New Hampshire.
842. Richard Waldern, jun., to Lords of Trade and Plantations. The late arrival of our Governor is my reason for writing to express all obedience and respect. The sudden departure of the ship prevents us from sending an address, but we are most grateful for the Royal favour and particularly for his indulgence in matters of religion. Mr. Mason has tried hard to fill the world with the equity of his claim to the property of the soil, but we hope we have done nothing to forfeit our English right to have the question of property decided on the spot, and not to be condemned before heard. We have confidence in the justice of our cause and trust that the interests of a whole community will be preferred to those of a single subject. Signed, Richard Waldron, jun., Speaker, on behalf of the Assembly. 1½ pp. Endorsed Recd. 13 Feb. 1683. [Col. Papers, Vol. XLIX., No 125.]
Dec. 11.843. [Sir Leoline Jenkins?] to Sir Thomas Lynch. I send you a large batch of papers respecting the case of Elizabeth Smart and her brother John. The King relies upon you to see justice done. [Col. Entry Bk., Vol. XCIX., p. 184.]
Dec. 12.
Council
Chamber.
844. Lords of Trade and Plantations to Sir Richard Dutton. The King has granted you leave to return to England, where you will reside for three months only, for recovery of your health. During your absence you will draw half your salary only, your deputy receiving the other half. Signed, Radnor, Ormond Chesterfield, Clarendon, Halifax, Arlington, Sunderland, F. North, L. Jenkins, J. Ernle, Godolphin. 1 p. [Col. Entry Bk., Vol. VII., pp. 143, 144.]
Dec. 12.845. Journal of Assembly of Barbados In the absence of Christopher Codrington, Richard Guy was elected Speaker. On the Bill concerning the procuring of negroes, voted that the Governor and Council be moved to revive the old Acts.
Dec. 13.Bills to revive the aforesaid Acts read and passed. A committee nomiuated to prepare a Bill for ascertaining parish boundaries, &c. Order for payment of six months' salary to Richard Cartwright and to Matthew Willox. Colonel John Farmer's petition referred to the Committee of Public Accounts. Adjourned to 23rd January 1683. [Col. Entry Bk., Vol. XIII., pp. 504–507.]
Dec. 13.
Whitehall.
846. Order of the King in Council. In consequence of many abuses in the transportation of white servants for the Colonies, through fraud on the part of such servants, it is ordered:— 1. That such servants be taken by indenture before a magistrate, one part of which is to be signed by the servant and one by the magistrate; the document to be filed by the Clerk of the Peace. 2. That the Clerk of the Peace keep a register of the same. 3. All white servants over twenty-one years of age may be bound in the presence of a justice of the peace or borough magistrate at the port of departure, on satisfying such magistrate that he takes service voluntarily. 4. Persons under twenty-one may be bound before any two justices of the peace with the consent of parents or masters. 5. None under fourteen years of age is to be bound unless his parents, or the churchwardens or overseers of his parish, be present, nor shall he be embarked for a fortnight after he has been bound. Any one finding trouble from the Clerks of the Peace on account of this order may appeal to the King if need be. Signed, Francis Gwyn. Mem.—This order was renewed 26 March 1686. [Col. Entry Bk., Vol. XCVII., pp. 87–91.]
Dec. 13.847. "Narrative of the whole proceedings betwixt the Lord Baltimore and Captain William Markham, Deputy Governor, and William Penn, Esq., as also betwixt the Lord Baltimore and the said Penn." In April 1681 Penn sent Captain William Markham, his kinsman, to be his deputy, who came at the end of the following August to Maryland, with a letter from Penn to Lord Baltimore, and another from the King bearing date 2nd April. Lord Baltimore professed all readiness to obey the King's orders respecting the settlement of the boundaries. Markham, however, through the great heat, fell dangerously ill, and was nursed by Lord Baltimore for three weeks in his own house. In September he went to Delaware, and agreed that, on the 16th October following, he would take measures for ascertaining the fortieth degree of latitude, borrowing a sextile of six or seven foot radius from one Colonel Lewis Morris at New York. Having a long passage up Chesapeake Bay, Markham put off the time to the 26th October, and soon after falling ill again, put it off once more till the spring. During his illness reports were given out by many of the Quakers, both in Maryland and Pennsylvania, that the fortieth parallel of latitude would fall as low as Poole's Island in Chesapeake Bay, and it seems that Penn was so far possessed therewith that he made bold to write a letter of 16th September 1681 to various planters (see ante, No. 437 II.), that he was so confident that they lay within his bounds that they should pay no more taxes to Maryland. This so alarmed the inhabitants of Baltimore and Cecil counties that they immediately refused to pay their levies, which had been assessed by a law passed but two months before. Lord Baltimore thereupon ordered the military officers to help the sheriffs in the execution of their office, and with great difficulty the people were forced to pay the levy, though the actual recipients of the letter gave little credit to it, being assured that Penn was mistaken. The trouble, and indeed sedition, caused by this letter made Lord Baltimore the more anxious to have the bounds absolutely fixed, but Markham was reported to be still too ill. Some time after Lord Baltimore heard that one William Haigh, a Quaker, much employed by Penn, had taken observations at the head of Chesapeake Bay, which much dissatisfied the said Haigh; for by his observations, it was given out by the Quakers, if the fortieth parallel did not give Penn a harbour he would be forced to buy one of Lord Baltimore, or to let all ships enter and clear by Maryland. Shortly after, Haigh came to Lord Baltimore's house on Patuxet river, and owned in reply to questions that he had taken observations for his own satisfaction on Elk river, but withal pretended that his instrument was too small, and that there was no certainty. Lord Baltimore pressed no further, but told Haigh that he wished Markham were well, as he wished the boundary question to be settled for the peace and quiet of Maryland. On 14th May 1682 Lord Baltimore wrote a letter to Markham appointing the 10th June as the day whereon persons would meet him to settle the bounds; Markham answered that he would meet him without fail at Mr. Augustine Herman's plantation at Bohemia river, the appointed place. In consequence, however, of disturbances in Virginia at the time, Lord Baltimore thought it neither prudent nor safe to be far from the Potomac river, which the Virginian plant-cutters threatened to cross. He thereupon sent away Commissioners, who were punctual to time and place, but found no one there to meet them. They sent two letters express to Markham, who returned no answer, though both letters reached him, and as an excuse to get out of the way, pretended business at New York. After waiting for some days in vain, the Commissioners, for Lord Baltimore's satisfaction, made three several observations, in which they differed not above a minute or two. After this, being near Newcastle, they had a curiosity to see that town, and then they heard that a sloop had arrived from New York, bringing the instrument that Markham had borrowed of Lewis Morris. With some difficulty they obtained leave to use it, and on a very clear day, 27th June, they found the latitude of the town to be thirtynine degrees forty odd minutes. They then returned, and there received letters from Markham that he was ready to come as soon as Lord Baltimore would appoint a second day. Lord Baltimore said that he would not fail to be at Herman's some time in September, but could not fix the actual day as two of his artists were ill; but on the 12th September he sailed and on the 14th found at Major Peter Sawyer's a letter from Markham, dated 8th, wherein he positively promised Lord Baltimore to await his coming. Lord Baltimore was satisfied, thinking that Markham would not be guilty of such discourtesies as he had offered to the Commissioners. On the 19th September Lord Baltimore reached Elk river, and apprised Markham that he was come. On the 20th he wrote again, and then, having certain information that Markham was gone up the Delaware, for the sake of his own convenience moved up with his companions, not above twenty in all, to Newcastle. There he stayed till the 23rd without news of Markham, though it was proved that Markham had received both his letters. On the 23rd Lord Baltimore took boat to Uplands and quartered himself in Markham's lodgings, where he heard that Markham on receipt of his first letter had gone on the 19th to Burlington in East New Jersey. On the 24th, very early in the morning, Markham came into the creek at Upland, and was not a little amazed to find Lord Baltimore there. About ten in the morning Markham came to see him, but with such a disordered countenance and such odd behaviour as was perceived by all. Lord Baltimore, without seeming to notice his confusion, asked to see his instrument, which he heard that Penn had sent him. Markham consented, but said that it could not be used, as Haigh had taken away some of the small glasses. Lord Baltimore then asked to see the instrument lent by Lewis Morris, which was produced by one Richard Noble, a Quaker, who set it up and took a very clear observation, as did also Lord Baltimore's artists. All agreed that by that instrument the latitude of Upland was thirty-nine degrees forty-seven minutes five seconds. Lord Baltimore then said that as the fortieth parallel would fall about twelve miles north of Upland it would be necessary to go up the Delaware to see where the line cut the river. Markham, however, who seemed to be governed by Haigh, declined, though on sleuder grounds, but professed himself ready to go up to the heads of any of the rivers in the bay to take the fortieth degree, and gave the undertaking in writing which Lord Baltimore can produce. On the 25th Lord Baltimore left Upland, and on embarking spoke to Markham in the presence of some forty persons, to the following effect: You are aware that by observations taken yesterday this plantation lies in 39°47' and some odd seconds, and that I am here, therefore, some twelve miles south of the fortieth parallel, which is my northern boundary. I therefore, in the presence of all persons here, lay claim to this and to as far north as the fortieth degree. Markham replied nothing, but conducted Lord Baltimore to his boat and assured him that he would be at Newcastle next day (26th) without fail, with Lewis Morris's instrument, that the degree of forty might be taken at the head of the bay. Lord Baltimore waited at Newcastle the 26th and 27th for Markham, but finding no hopes of seeing him returned to Herman's, where came a letter from Markham saying that the persons most concerned in the Government could not consent that he should keep his appointment, for that the Quakers were much disordered by Lord Baltimore's claiming Chichester, three or four miles below Upland. This was all that was done to carry out the instructions in the King's letter of 2nd April. Penn professed great readiness at first to obey it, but his agent laid it aside as soon as he found that it would not serve his turn.
About the 24th October following, Penn anchored before Newcastle in the Delaware river, demanded and took the key of the town, and took possession of all else that the Duke of York pretends to, though it has been justly claimed by Lord Baltimore and his father. Penn took not the least notice of the Duke's Governor at New York, and in writing to Lord Baltimore from Newcastle on 2nd November said nothing of what he had done, which Lord Baltimore thought strange, for Penn had told him that he had refused the Duke's offer of his claims on the Delaware, on the ground that by right they belonged to Lord Baltimore. On the 13th of December last, Lord Baltimore and Penn had a conference at Colonel Thomas Tailler's house at the ridge in Ann Arundel country. But before the conference, which Penn desired should be private, somewhat to the following effect was spoken by Penn, viz., That, as the King had given him a considerable tract of land to the backward of Lord Baltimore, he knew that such land was worthless to him without an inlet, and that he begged Lord Baltimore to be so good and kind as to give him a backdoor for the improvement thereof; adding that what be but a hundredth of Lord Baltimore's interest would be ninety-nine hundredths of his own. Lord Baltimore who wished to deal neighbourly with Penn answered that he supposed Penn required a speedy answer. Penn said No; and Lord Baltimore then suggested that their conference should be held in the presence of his friends and such of his council as were there, the matter being of interest to all of them. It was then agreed that all Penn's friends and six of Lord Baltimore's council should be present, and Penn began his discourse; in the course of which he pulled out a letter and handed it to Lord Baltimore as the ground of their future discourse. Lord Baltimore, perceiving it to be a letter from the King, read it out, and said that he found by the letter that the King had been misinformed and, in proof of his statement, read the bounds fixed by his patent. The conference lasted for some hours and was taken down in shorthand by the clerk of the Maryland Assembly, copied out fair, and read and signed by the Councillors present. And if Penn had not been hurried away by some Quakers of Maryland to a meeting, he would have had a copy of the conference with him, but, being in a hurry, he asked Lord Baltimore to send it after him, which was done. Lord Baltimore attended him to his meeting, and took his leave, and next day Penn went to another meeting at Choptank river in Talbot County whither Lord Baltimore had ordered Colonel Philemon Lloyd and his Major with a party of horse to attend him. Lord Baltimore and Penn are to meet in March to settle about the fortieth parallel. The King's letter produced by Penn bears date 19th August 1682, and makes mention of an admeasurement of two degrees and of a certain method of ascertaining the boundaries, but, on Lord Baltimore producing his patent, Penn proposed that the latitude of the Capes should be assumed to be 37°5', and that they should work in from this. This proposal seemed to the gentlemen present to proceed from an unwillingness to have the bounds ascertained truly and by proper instruments. In fact Penn, having been misinformed as to the fortieth parallel, and having assured all his friends that all the head of Chesapeake Bay would fall within Pennsylvania, is unwilling to have the mistake corrected. The mistakes of shipmasters, on whose reckoning the assumed latitude of the Capes is based, are so flagrant that they are not to be depended on. Penn told Lord Baltimore that both King and Council thought Newcastle lay eight or ten miles to northward of the fortieth parallel, whereas it is proved to be as much to southward. Penn's proposal therefore cannot be accepted. 8 pp. Signed, C. Baltemore. 4 pp. Endorsed. 13 December 1682. Annexed,
847. I. William Markham to Lord Baltimore. Upland, Pennsylvania, 25 September 1682. I cannot concur with you in marking out the boundaries of Pennsylvania on the Delaware, as I received all of it from twelve miles about Newcastle town upward from the government of New York, which is according to the words of the King's patent to Mr. Penn. I am willing to lay out the boundaries towards Chesapeake Bay. 1 p. Copy certified by Markham. Endorsed. Sworn before the Committee, 17 March 1684–85. [Col. Papers, Vol. XLIX., Nos. 126, 126 I.]
Dec. 13.848. Duplicate of the foregoing narrative. 4 pp. Endorsed. 13 Dec. 1682. [Col. Papers, Vol. XLIX., No. 127.]
Dec. 13.849. Minutes of the Conference between William Penn and Lord Baltimore at Colonel Thomas Tailler's house in Ann Arundel County. Mr. Penn declared in a very florid manner his neighbourly intentions, and produced a letter as the foundation of future discourse. Lord Baltimore (having read it).—I receive the King's letter with respect, but as my patent shows he is misinformed. Penn.—In my petition I asked for five degrees in order to reach the lake of Canada as conveniency for an inlet. We had better defer the King's letter and look to our patents. If Lord Baltimore will take 37½ degrees for 38, and so run on to forty, I think the difference will be considerable. Had I coveted to take my commencement from Watkin's Point, as Lord Baltimore has allowed, I had possibly gained more considerably. Baltimore.—I will do all that is neighbourly, but I do not understand Mr. Penn. As the fortieth parallel is our boundary, surely the first thing to do is to lay that parallel down. Penn.—The King certainly ordered the line to be drawn, but why should we not consider other proposals? Mariners take the Capes at 37° 5'. Why not take that as our foundation and work from it? Baltimore.—My boundary is the fortieth parallel, and there is no way so certain of discovering it as by a sextant, which you have. Penn.—Then let us waive the King's letter, and take the foundation that I propose. I shall be content, and I doubt not that so worthy a gentleman as Lord Baltimore will make no effort to deprive me of my rights. Baltimore.—I expected no such discourse as this. May I ask, have you purchased the Duke of York's claims on the Delaware? Penn.—I have them, on conditions, by his gift. But we wander from the point, namely, our boundary. Baltimore.—Our boundary is the fortieth parallel. Penn.—And to find out that we cannot do better than begin at the Capes and call them 37° 5'. Baltimore.—My southern boundary was fixed by the King's Commissioners at Watkin's Point. Had they fixed it further north, my father might have been contented. My northern boundary is the fortieth parallel. Penn.—The Commissioners may have been mistaken. Instruments are delicate things. The shake of a hand may cause a wide error, whereas there is no such danger in respect of a place, the latitude of which is fixed by repute. Baltimore.—The surest method is to use proper instruments. Surely, Mr. Penn, you can trust your friends, who will work with mine. Penn.—I make no objection to Lord Baltimore's bounds, but I do think that a place of latitude of so many years standing, described in all maps, &c.—a man should be as cautious in such a case as in the choice of a wife. Baltimore.—Surely the more reason for determining the boundary by sextant, for the same will deceive neither of us. I have no objection to let anyone try your method, but I mean to rely on observations only. Penn.—I thank you, but I think my proposal the fairer. Baltimore.—I remember, Mr. Penn, that you once told me, in England, that you had refused all offers of the Duke of York's claims on the Delaware, as you knew that in reality they were mine. I hear that you have now taken them; may I ask upon what grounds? Penn.—Pray, Lord Baltimore, let us settle one thing at a time. Baltimore.—By all means. My patent is my guide. Penn.—I really think that, when you have a place of latitude of repute, it is the fairest way to measure from it. Baltimore.—The latitude of the Capes was taken by a seaquadrant which no one will admit to be the most accurate means. Penn.—I cannot see that a sea-quadrant can have any greater prejudice for Lord Baltimore than for William Penn. Baltimore.—I say simply that an observation formerly taken with a seaquadrant cannot be so accurate as an observation taken now of the fortieth parallel with a better instrument. Penn.—The operator with a quadrant had no interest when he took his observations. Surely it is better to accept it and work from it than to risk new errors. Baltimore.—Your method would be to heap error on error. Let the boundary be drawn and I doubt not but that we shall both be content. Penn (after a feeble joke).—I am quite content to take the measurement from a place of latitude of long repute. Baltimore.—Would it not be thought preposterous in England for me to proceed on the bare supposition that a place lies in 37° 5', in order to find the fortieth parallel? Penn.—Let you name one and me another to take an observation of the Capes, and let us work from that. I value the land I claim only for its use as an inlet. Baltimore.—I am far from grudging you an inlet, but you cannot blame me for refusing to accept that for my boundary which is not. Penn.—If you would discuss the matter for a few minutes with me privately, I think we could arrange matters. Baltimore.—I desire no wrong to Mr. Penn. But let us choose two able men to find out the fortieth degree. Captain Connoway, for one, a good discreet able man. Penn.—No doubt he is a very knowing person, and I wish to free him first from aspersions cast on him. Baltimore.—I know not what has been said against him, but I assure you it had no effect on me. Penn.—In England they said that of the map of Maryland that the author had either abused you by miscalculation, or given you more than you were entitled to. Baltimore.—Then let the sun decide the boundary, the fortieth degree as my patent says. Penn.—But now you set your patent against the King's letter. Baltimore.—Would not you in my place? Penn.—It may be that I should, but I have consented to waive the letter. Come, let us appoint some persons to take the latitude of the Capes, and see how much it varies from the received latitude, find the latitude of Watkin's Point, and measure from those data. Baltimore.—For your private satisfaction by all means. Penn.—I beg that we may arrange this between ourselves. Baltimore.—On condition that an observation be first taken as the King directed. Penn.—If you would but discuss it with me privately I doubt not that we could agree. Signed, Philip Calvert, Thomas Tailler, Henry Course, Henry Darnall, William Digges, Will. Steevens. 6 pp. Copy certified by Lord Baltimore. Endorsed. [Col. Papers, Vol. XLIX., No. 128.]
Dec. 13.850. Duplicate of foregoing. 4 pp. [Col. Papers, Vol. XLIX., No. 129.]
Dec. 13.851. Minutes of Council of Virginia. Order discharging John Sackler, and giving him pardon for his late offences in the riots, on condition that he build a bridge over the Dragon swamp. Order respiting the pirates William Harrison and John Manly pending receipt of the King's commands. [Col. Entry Bk., Vol. LXXXIV., pp. 134–135.]
Dec. 15.852. Minutes of Council of Virginia. Order for the delivery of 583 forfeited deer skins to Colonel William Cole, the King's receiver. [Col. Entry Bk., Vol. LXXXIV., pp. 135–136.]
Dec. 15.
Whitehall.
853. Instruction to Lord Culpeper. All fines and forfeitures are to be granted first to the King. All grants intended as presents to Governors must be made to the King with a prayer to him to bestow the same on them; nor shall the money be paid without the King's consent. Mem.—The like instruction was sent to Sir T. Lynch and Sir R. Dutton. [Col. Entry Bk., Vol. XCIX., pp. 186–187.]
Dec. 15.
Whitehall.
854. Order of the King in Council. That the petition of Captain Christopher Billop praying that certain negroes taken in the ship Providence be restored by Sir William Stapleton, be referred to the Attorney-General and King's Advocate for their report. Signed, Francis Gwyn. [Col. Entry Bk., Vol. XLVII., p. 95.]
Dec. 15.
Whitehall.
855. Instructions to Sir Ralph Dutton. No Act or Order for raising money is in future to be passed in Barbados, wherein such money shall not be granted to the King for the uses named in the Act, according to the English style of enactment. Presents to Governors must likewise be granted to the King with the humble request that he will give the money to them. This instruction is to be entered in the books of the Council and Assembly. Countersigned, L. Jenkins. [Col. Entry Bks., Vol. VII., p. 150–151, and Vol. XCVII., pp. 114–115.]
Dec. 15.856. The Clerk of Assembly of Barbados to William Blathwayt. Forwarding Minutes of Assembly from 8th August to 31st October; the quarterly return. Signed, Ri. Cartwright. ½ p. Endorsed. Recd. 26 Feb. 1682–83. [Col. Papers, Vol. XLIX., No. 130, and Col. Entry Bk., Vol. VII., p. 183.]