America and West Indies
December 1683

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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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557-573

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'America and West Indies: December 1683', Calendar of State Papers Colonial, America and West Indies, Volume 11: 1681-1685 (1898), pp. 557-573. URL: http://www.british-history.ac.uk/report.aspx?compid=69887 Date accessed: 22 August 2014.


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Contents

December 1683

Dec. 1.
Council
Chamber.
1423. [William Blathwayt] to Mr. Guy. Forwarding copy of Sir Richard Dutton's proposals for the Lords of the Treasury. [Col. Entry Bk., Vol. VII., p. 211.]
Dec. 1.
Council
Chamber.
1424. Report of Lords of Trade and Plantations. Recommending that Sir Thomas Lynch be empowered to treat with the pirate Laurens. [Col. Entry Bk., Vol. XXX., p. 178.]
Dec. 1.
Boston.
1425. Certificate of the seizure of the ship Pearl, Captain Thomas Paine, for breach of the Acts of Trade. Signed, Barna. Randolph. 1 p. Certified copy. Endorsed. Recd. 26 Jan. 1684/5. [Col. Papers, Vol. LII., No. 76.]
Dec. 1.1426. Journal of Lords of Trade and Plantations. The additional instructions to Lord Howard and the instructions to the commander of the ketch at Virginia approved (see No. 1428).
Sir Richard Dutton's proposals read (see No. 1195). No. 1 is referred to the Attorney General. No. 2 to await the report of the Treasury. No. 3 will be answered when an actual case arises. No. 5, the senior resident Councillor may be fitly Custos Rotulorum. Nos. 6, 7, 10, 11, referred to the Treasury. Nos. 8 and 9 referred to the Master of the Ordnance. Sir Richard Dutton was called in, and on his motion it was agreed to advise an instruction to him to propose to the Assembly a law punishing such as wilfully kill their negroes.
Sir Thomas Lynch's letter of 12th September read. Agreed to recommend Colonel Barry for a seat in Council, and that a copy of the Jamaica law against piracy be sent to all the Governments in America for enactment. [Col. Entry Bk., Vol. CVII., pp. 242–246.]
Dec. 1.
Whitehall.
1427. William Blathwayt to Sir Leoline Jenkins. Forwarding a paper of instructions from the Commissioners of the Treasury to the captain of the ship that is to attend the Government of Virginia for the King's orders to the Admiralty; also certain additional instructions to Lord Howard of Effingham for the King's approval. [Col. Entry Bk., Vol. LXXXII., p. 264.]
Dec. 3.
Whitehall.
1428. Additional instructions to Lord Howard of Effingham. 1. To inquire and report how Lord Culpeper has fulfilled his instructions. 2. To encourage Colonel Isaac Allerton in the good courses reported of him by Lord Culpeper and promise him the first vacant seat in the Council. 3. To continue to stay execution against the Quaker, John Plaisants, already stayed by Lord Culpeper (ante, No. 1258). 4. To endeavour to carry an Act empowering the Governor and Council to raise a general levy, not exceeding twenty pounds of tobacco per poll, which shall be accounted for to the Assembly, provided that no clause be admitted which does not also make the money to be accounted for to the King. 5. To inform the Assembly that the King grants them free trade with the Indians, but expects it to provide against abuses. 6. To announce that the King repeals the Act to encourage manufacture of linen, &c., and the Act of June 1680 about attorneys. 7. To report on the Act for disbanding the garrisons, the Act touching arrests, and the Act for co-habitation, the last-named to be meanwhile suspended. 8. To revise the laws and transmit a complete body thereof. 9. To forbid the use of any printing press on any occasion whatever. 10. To pardon Manly and Harrison, the pirates, on assurance that they will not return to piracy. 11. To prosecute Beverley if there be evidence forthcoming against him, and otherwise to release him. [Col. Entry Bks., Vol. LXXXII., pp. 265–272, and Vol. XCIX., pp. 267–272.]
Dec. 3.
Whitehall.
1429. Instructions for the Commander of the Ketch in Virginia. Generally for the enforcement of the various Acts of Trade and Navigation. [Col. Entry Bk., Vol. XCIX., pp. 273–280.]
Dec. 3.1430. Attestation of summons for Walter Barefoot to appear in his appeal against Robert Wadleigh. Sworn, 3rd December. Signed, W. Mountagu. Copy. 1 p. Endorsed. [Col. Papers, Vol. LII., No. 77, and Col. Entry Bk., Vol. LXVII., p. 97.]
Dec. 4.1431. Summons for Walter Barefoot to prosecute his appeal on the 18th December. [Col. Entry Bk., Vol. LXVII., p. 96.]
Dec. 4.1432. Journal of Lords of Trade and Plantations. The appellants in the appeal of Walter Barefoot not appearing, the hearing was put off to the 18th instant.
Laws of Barbados considered. Acts for regulating tickets and settlement of the militia approved; but the latter being temporary only, Sir R. Dutton is to be instructed not to assent to such laws in future except they be permanent. Remaining Acts approved. Memorandum of letters despatched. [Col. Entry Bk., Vol. CVII., pp. 246–249.]
Dec. 4.
Council
Chamber.
1433. William Blathwayt to the Commissioners of the Admiralty. Summoning them to Council for discussion of Sir Thomas Lynch's representation as to the jurisdiction of the Admiralty in the West Indies. Memorandum.—This was put off till 28th May. [Col. Entry Bk., Vol. XXX., p. 232.]
Dec. 5.1434. Copies of Robert Mason's declaration to the inhabitants of New Hampshire, offering to confirm them in their holdings, or grant them fresh land on reasonable terms, 8th December 1682; of the Governor's proclamation that one month's time shall be allowed to them to make their agreement from the 17th February 1683; of an Order of the Governor in Council empowering the Court wherein a cause has been tried to fix the amount of the security required on an appeal, 4th December 1683; of a declaration of Robert Mason in the Court of Great Island, that he is willing to forego all the judgments given in his favour, except costs, suspend execution thereon, and go to new trial with any that wish it before the King and Privy Council. Certified by Richard Chamberlain. The whole, 2½ pp. Endorsed. Read 6 Nov. 1686. [Col. Papers, Vol. LII., No. 78.]
[Dec. 5]1435. Sir Richard Dutton's answer to the charges of Samuel Hanson (see ante, No. 1409). Mr. Hanson's attack was unexpected, and is levelled as much against the King's Government as myself. I answer the charges seriatim. (1.) On my arrival at Barbados all commissions ceased. I immediately issued new ones, particularly to the judges, and continued them without alteration for more than a year's time. Having then learned by experience somewhat of the disaffection of some of the judges, I did remove some of them, for reasons which I forbear to mention without the King's special order. As to putting my relations into their places, I deny it, and as to the person, Rawlins, whom he scandalously suggests to be a musician (as if he were a common fiddler) and whom I put into Hannay's office, the allegation is false. It happened a week after my arrival when I knew nothing of Hannay or any one else. Rawlins was brought up to the law in the Temple, and was well qualified, and the appointment was an injury to no one. In any case it is for Hannay and not Hanson to complain. As to the refusal to admit patentees, I objected to one deputy as insufficient and to another patent as wrongfully obtained, as my instructions and your orders bid me. (2.) I found some of the Church and clergy in much disorder, and that there were several schoolmasters who were Anabaptists and Quakers, so I thought it my duty to provide for the proper education of the children in the teaching of the Church of England. I therefore ejected such as refused the oaths of allegiance and supremacy, and appointed a well-qualified person as surrogate to inspect the orders of ministers and the qualifications of schoolmasters. I appointed a minister for the duty. One Grey, who for years had baptized and married having no orders, fled from the island. I reported the story to the Primate and the Bishop of London. This proceeding stirred up Hanson and the fanatics against me, who complained that the surrogate's clerk had taken fees. I answered then as I answer now that such was not my order, and that any persons so injured should by my care be redressed. (3.) I did order this prayer to be formed for the Governor and Council on advising with the most learned of the clergy. I approved it as being that which mutatis mutandis is used in Ireland. Hanson was never known to come nearer to a church than its doors, so that I cannot believe that he and his persuasion have any zeal for religion. (4, 5, 6.) These charges relate to Hanson's private appeals alone, in which he so far distrusts the King's justice that he betakes himself to the common law. I deny that there were any malice in the prosecution, which was begun by my predecessor. (7.) I wholly deny that I ever exacted money that was not justifiable by law from any one, or that I received any present from the Spaniard mentioned until he had finished all his business and was on the point of leaving the Island. If any one had been injured they would not have left it to Hansom to complain. The present that I accepted had been accepted by former Governors; it is a custom and I hope no misdemeanour. (8.) This article is like the other. Hanson asperses me, but names no one whom I injured in the matter of probate. The ground of the complaint is explained and is here set down. I do not see that I have been influenced by any other motive than charity. Hanson complains, but the parties concerned are satisfied. (9.) On the Assembly's address to me that a new oath might be administered to the Councillors who sat with me upon writs of error and in Chancery, I told them that I thought their proposal strange, as the Councillors were already bound by a sufficiently strict oath. I said, however, that if they could show me improvements in method I would consider them. But they could not. (10.) This is very false and scandalous. I never asked the Assembly for money for myself, on the contrary I told them that I scorned to be a precarious Governor, and asked money only for the public service. If I had wanted to make money I could have got 2,000l. for passing the Habeas Corpus Act, which was offered me by one of Hanson's faction in the Assembly. As to raising money by an imposition on negroes except as directed by law, I absolutely deny it. I spent all money as directed by the Act. If there is the least mention in any of the Acts that I shall bear the expense of holding Grand Sessions, I plead guilty to all Hanson's charge. If I had undertaken it with the 1,000l. they gave me I should have been a heavy loser, for sessions cost me 120l. for ten days. The present of 1,500l. was a free present, and the last 500l. to pay the expenses of my journey to England, as appears in the Act. As to the Government House I followed the practice of all my predecessors. I took money for its repair because it was falling down. I let it because I wanted it kept in order. If Mr. Witham had wanted it, he should have had it, but he has a large estate to look after and a house of his own in town. (11.) I am flattered by Hanson's statement that I prevailed with the Assembly to pass an excise on liquors, for others have failed to do so. It was applied, of course, to the purposes mentioned in the Act. (12.) I can only protest that I acted only for the King's honour and advantage. (13.) This again is false. (14.) This again is malicious. I only took pains that a negro who had been freed should be free. Hanson once tortured a negro to death for trespassing on his ground and refused him a cup of cold water in his dying agony. The second allegation I explain here at length. (15.) I committed Hyatt, not under an English but under a local statute. If he is still in gaol he has only his own obstinacy to thank. (16.) This again is false. On my intention to return to England I ordered the ships that were ready to sail in a fleet for mutual security. They were not unreasonably detained, and were glad to receive the order. I sailed in company with the fleet for five or six days, but finding that the frigate was obliged to lie by ten hours in every twenty-four to wait for them, the captain and I decided at last to leave them, for we had a very sickly ship, several men dead of spotted fever, no medicines, no brandy, pease, butter, or fish, the ale spoiled, no provisions for one hundred and twenty men but spoiled beef and pork, and danger of water running short. Even so I should not have left them, did we not know that they were safe from any enemy. Signed, Ri. Dutton. 17½ pp. Several corrections in William Blathwayt's hand. Inscribed and endorsed, Recd. 5 December 1685. [Col. Papers, Vol. LII., No. 79.]
Dec. 6.1436. Journal of Council and Assembly of Antigua. The Governor and Council send the new Act of Extent to the Assembly, and desiring its concurrence in a clause to repeal the old Act and a second clause to annex negroes as part of the freehold. [Col. Papers, Vol. XLIX., No. 81.]
Dec. 6.1437. An Act passed in the island of Antigua for extending lands or goods for debts, fines, or amerciaments. With memorandum.—This Act, dated in October 1669, was repealed 19th December 1683, and re-enacted in Antigua the 6th of the same month. Repealed by an Order of 5th May 1685. [Col. Papers, Vol. XXIII., No. 109.]
Dec. 6.1438. Minutes of Council of St. Christophers. Order that all shipping on arrival give a true account of their cargo, under penalty of forfeiting their obligations, in order to ensure payment of the one pound of powder per ton.
Proposed by the Governor and Council, that the Act to encourage importation of men-servants be amended, so as to oblige every owner of ten acres of manurable land to keep one able-bodied servant, and owners of larger areas to keep one such servant for every twenty-five acres. The Assembly agree, provided that servants may be had for the price of not more than 1,800 lbs. of sugar. Order for a warrant to summon the carpenters and sawyers to work on the Sessions House. Ralph Willett and Charles Mathew sworn of the Council. Order for writs to be issued for the election of two members to the Assembly in their place. [Col. Papers, Vol. L., No. 98.]
Dec. 6.1439. Minutes of Assembly of Virginia. The Lieutenant Governor made a speech commending to the burgesses the despatch of business and payment of public liabilities. The burgesses sent a resolution for the concurrence of the Council that all appeals pending to the present Assembly be put off till next session.
Dec. 8.The Council concurred in this resolution. The burgesses sent up three Acts, for the better preventing of insurrections, for declaring Indian women-servants titheable, and for repealing a former law to make Indians free, which, with two more Acts for commissions and writs, were assented to. Act for declaring the laws of Assembly to be in force deferred. Act to prohibit export of iron, wool, &c., assented to.
Dec. 9.On message of the burgesses the Council agreed to the payment of 25l. to Thomas Gardner. Address of the burgesses praying that the Act to enforce the laws may be assented to. [Col. Entry Bk., Vol. LXXXV., p. 35.]
Dec. 7.
Patuxent.
1440. Lord Baltimore to William Blathwayt. In my last I acknowledged yours of 8th September, assuring me that nothing would be concluded by the Council without hearing me or my agents, and that if I come over in the spring you believe that I shall find the Delaware business undermined. I hope to be heard in person, and with the more confidence for that both my father and myself petitioned the Duke of York for the hearing of the matter, but his Highness's important business did not permit it while I was in England. Since that, I have sought the same object as closely as good manners would permit, so it would be hard that it should be concluded in my absence. It is a matter of such importance to me that I dare not commit it even to the best of agents, so I beg you still for time to be given me to defend my right to Delaware (that part of it, I mean, which lies south of the fortieth parallel) in person. If my unkind neighbour, William Penn, or his agents, are able to make out that there were Dutch seated at Delaware before my patent to Maryland was granted (which will be somewhat hard to prove), I shall then clearly prove that these Dutch were usurpers and were utterly disowned by the States of Holland. I have undeniable evidence of this, such as Mr. Penn will not withstand, and possibly then I shall be able to produce something under Penn's hand to the same purpose. I am so well armed with proofs that I only beg a personal hearing. Holograph. 2 pp. Endorsed. Rec. 21 April 1684. [Col. Papers, Vol. LII., No. 80.]
Dec. 7.1441. Duplicate of foregoing. Endorsed. Rec. 16 Feb. 1683–4. [Col. Papers, Vol. LII., No. 81.]
Dec. 11.1442. Lord Baltimore to Sir Leoline Jenkins. A matter of great concern to me lies before the Council. It is about a grant which I am assured my ill neighbour William Penn is endeavouring through his agents to get passed, of no less than one-third of my province, that, namely, which lies east of Chesapeake Bay and is on Delaware River to the southward of the fortieth degree of latitude, which he pretends was settled by some Dutch before my patent was granted. I have undeniable proofs in controversion in my hands. Holograph. 1½ pp. [Col. Papers, Vol. LII., No. 82.]
Dec. 11.1443. Duplicate of foregoing. 1 p. [Col. Papers, Vol. LII., No. 83.]
[Dec. 7.]1444. Grounds upon which Lord Baltimore lays claim to a part of Delaware Bay, at present in possession of the Duke of York's Commissioners, that is, Whorekill, on the west side and near the mouth of the bay and New Castle, formerly called by the Dutch New Austell. His Royal Highness's Patent of New York is bounded by the east side of said bay. 1 p. [Col. Papers, Vol. LII., No. 84.]
Dec. 7.
New England.
1445. The Magistrates of New England to Sir Leoline Jenkins. It is our great unhappiness that the many complaints of us to the King have at length prevailed with him to issue a quo warranto to vacate our charter. Mr. Randolph has lately brought notification thereof and the Royal declaration, and we have communicated them to a General Assembly convened for the purpose. The major part of the magistrates have for weeks contended and voted to submit to the King's pleasure rather than contest with him in a court of law, and to send over agents empowered to this end by next opportunity, but we can by no means prevail with the Deputies, and have therefore agreed to a power of attorney to have a present default, in the hope of prevailing a little later. We beg you to believe that we have endeavoured, with all earnestness, for the King's satisfaction, being fully reassured by the King's letters and declaration. We know that this imperfect submission cannot be pleasing to the King, but we have consented so far in order to gain time. We have thought it our duty to inform you hereof, and hope before next ship to prevail with the people to a better understanding. Signed, P. Bulkeley, S. Bradstreet, Govr., Nat. Saltonstall, B. Gidney, James Russell, Wm. Stoughton, J. Dudley, Wm. Brown. Copy. 1 p. Endorsed. Rec. 21 Feb. 1683/4 by Mr. Randolph. [Col. Papers, Vol. LII., No. 85, and Col. Entry Bk., Vol. LXI., pp. 197, 198.]
Dec. 7.
Whitehall.
1446. Order of the King in Council. Approving the appointment of Samuel Barry to the Council of Jamaica. [Col. Entry Bk., Vol. XCIX., p. 283.]
Dec. 10.1147. Extract from a Memorial of the Commissioners of Customs. That the King's ministers and agents in France, Spain, the Netherlands, Denmark, Sweden, and the Hanse Towns be instructed to use all diligence to discover ships that come into the ports of those countries with any of the enumerated commodities from the Colonies, without having first brought them to England and paid duty on them; also to correspond with the Commissioners of Customs on these matters, giving full particulars. [Col. Entry Bk., Vol. XCIX., pp. 287, 288.]
Dec. 11.1148. Journal of Lords of Trade and Plantations. Appeal of George Walton called, but no appellant appearing the case was deferred to 8th January. It being reported that the Duke of Courland was preparing a settlement in Tobago, ordered that the Duke's pretensions and his contract with the settlers be inquired into, and the papers sent to the Attorney General for his opinion. Captain Poyntz to attend the Council to-morrow. For if Tobago be made a free port, as designed, it will be of great prejudice to the English Colonies. The appellant not appearing in the appeal of Walter Barefoot, the case was dismissed. [Col. Entry Bk., Vol. CVII., pp. 249–251.]
Dec. 11.
Council
Chamber.
1449. William Blathwayt to the Attorney General. Forwarding copy of the King's grant of Tobago to the Duke of Courland, for his report. 1 p. [Col. Papers, Vol. LII., No. 86.]
Dec. 11.1450. Draft of foregoing, with corrections. 1 p. [Col. Papers, Vol. LII., No. 87.]
Dec. 11.
Council
Chamber.
1451. William Blathwayt to Sir R. Dereham. Summoning him, as the Duke of Courland's agent, to attend the Lords of Trade on the business of Tobago, and bidding him warn Captain Poyntz to attend also. Draft. 1 p. [Col. Papers, Vol. LII., No. 88.]
Dec. 11.1452. Attestation of notice of summons in the appeal of George Walton against Robert Wadleigh. Copy. 1 p. Endorsed. [Col. Papers, Vol. LII., No. 89, and Col. Entry Bk., Vol. LXVII., p. 98.]
Dec. 11.
Whitehall.
1453. The King to Sir Thomas Lynch. Directing the Court of Admiralty to proceed to sentence in the case of Jacob Hall, in the case of the sloop belonging to Edward Fielding, John Roach, and William Hayman. [Col. Entry Bk., Vol. XCIX., pp. 281, 282.]
Dec. 11.1454. Minutes of Assembly of Virginia. On request of some of the burgesses a warrant was issued for the seizure of deerskins on Captain Benjamin Hall's ship. Message from the Assembly asking that Isle of Wight and Nancymond Counties might be repaid expenses of quartering soldiers in 1677. Answered that the King's decision on the matter was expected. The House of Burgesses undertook to prosecute the business of Captain Hall's deerskins.
Dec. 12.Message from the Lieutenant Governor showing that there was no occasion for an Act declaring the Acts of Assembly to be in force; adding that Lord Culpeper was expected every day, and that he could be addressed on the subject if necessary. Acts for repealing clauses of Act No. 9 of 1664 and No. 6 of 1680, and for ensuring the freedom of witnesses from arrest, brought up by the burgesses and assented to. Act for encouragement of manufactures assented to, but an amendment proposed. Act for explaining certain words in the charter of 1676 respecting fees and escheats assented to, with reservation of certain portion. [Col. Entry Bk., Vol. LXXXV., pp. 40–43.]
Dec. 12.
Plantations
General.
1455. Lords of Trade and Plantations to the Governor of the Leeward Islands. Instructing him to see that all masters of ships produce certificates of their bonds to the King's Collector as well as to the Naval Officer. Signed, Guildford, Halifax, Huntingdon, Ormond, Bridgwater, Clarendon, Craven, J. Ernle, L. Jenkins, G. Jeffreys, Copy. 1 p. Endorsed. [Col. Papers, Vol. LII., No. 90.]
Dec. 12.1456. Memorial for the French Ambassador. The Hudson's Bay Company represents that in August last year two French vessels, the St. Pierre and Ste. Anne, sailed into a branch of the port of Nelson, which was made over to the Company by letters patent and has been much improved at great cost to it. Also French from Canada last June entered a factory built by the Company, burnt the buildings and carried off Mr. John Bridgar, the commander, with all the English belonging to the factory, refused them victuals, and changed the names of the two branches of the river, saying they did so by orders of the King their master. The Company further complains that in August last the French carried off an English ship, the Batchelor's Delight, from the port of Nelson, compelled ten servants of the Company to embark on the Ste. Anne with insufficient victuals, and while the vessel was in an unseaworthy state. The victims of this cruelty having made oath thereof to the King, he has ordered me to represent the same to you, and to ask that the King of France will give orders for the punishment of the offenders and reparation to the sufferers. Signed, L. Jenkins. French. 2½ pp. [Col. Entry Bk., Vol. XCIX., pp. 284–286.]
[Dec. 12.]1457. Memorandum of Council. Captain Poyntz with others that design a plantation in Tobago called in and examined. The King forbade all persons to proceed further with that design, and ordered a letter to be written to the Governor of Barbados to discourage any such undertaking. Draft, with corrections in William Blathwayt's hand. 1 p. [Col. Papers, Vol. LII., No. 91.]
Dec. 13.1458. Minutes of Council of Barbados. Order for payment of money due to John Johnson (two items), and to Nathaniel Clark on account of fortifications, to Captain Carmichael for rent and preparation of the House for Grand Sessions, to Michael Symons, matross of Speights Bay fort for a year's salary, to Symon Cooper for work on the fortifications of St. Michael's, to Benjamin Dwight for accommodation of the Committee of Public Accounts, to William Wiles and Edmond Ditty for rebate of duty paid by them, to Thomas Wilbraham as Clerk to the Committee of Public Accounts, to William Burges for two negroes of his that had been executed. Edwyn Stede, John Hallett, and Stephen Gascoigne to supervise the materials for the magazine. Edwyn Stede and Robert Davers took the oaths as Baron of the Exchequer and Judge of the Court of King's Bench. [Col. Entry Bk., Vol. XI., pp. 599–607.]
Dec. 14.
Whitehall.
1459. Order of the King in Council. As it appears that one Captain Poyntz and others are shipping Englishmen to Tobago for settlement in such manner as to injure the other Colonies, Ordered that such transportation be stopped till further order. Sir Richard Dutton to inquire meanwhile and report. Signed, Francis Gwyn. [Col. Entry Bk., Vol. VII., p. 220.]
Dec. 14.
Whitehall.
1460. Order of the King in Council. Approving Sir Richard Dutton's report of 22nd October for the satisfaction of the claims of Thomas Forrester. Ordered accordingly. [Col. Entry Bk., Vol. VII., pp. 240, 241.]
Dec. 14.
Whitehall.
1461. Order of the King in Council. That Sir Thomas Lynch be empowered to treat with Laurens the pirate, in order to pardon him and let him settle on the Island on giving security for his good behaviour for the future; Sir Thomas having reason to believe that such is Laurens's wish. Secretary Jenkins to prepare a letter. Signed, Francis Gwyn. ½ p. Endorsed. [Col. Papers, Vol. LII., No. 92, and Col. Entry Bk., Vol. XXX., p. 179.]
Dec. 14.1462. Minutes of Lords Proprietors of Carolina. Ordered, (1.) That Mr. Sothell be directed to report the names of those for whom he filled the blank deputations, and if any of them were concerned in the late disturbances to put them out. Also to select four of the discreetest honest men in the country, not concerned in the disturbances, to inquire into the same. (2.) That Mr. Biggs be ordered to set down in writing what injury he has suffered from Mr. Sothell or other public officer in Carolina, that the Proprietors may judge thereof. (3.) That Mr. Sothell address letters concerning the public of Carolina to the Palatine; that he give particulars of quit-rents and other perquisites; that he report as to Colonel Ludwell's land, and why it is detained from him; that he take prudent care to preserve the boundaries. Sir Peter Colleton's purchase of Lady Berkeley's right to the proprietorship for 300l. approved. (Memorandum.—This purchase was made on behalf of the Duke of Albemarle, Lord Craven, Lord Carteret, and Sir Peter Colleton, and was conveyed in trust to Mr. Thomas Amy for them.) Mr. Timothy Biggs's land to be confirmed to him if his wife consent, or if not to his wife only. [Col. Entry Bks., Vol. XX., pp. 210, 211, and Vol. XXII., pp. 21, 22.]
Dec. 14.1463. Anonymous letter to [Sir Leoline Jenkins?] deprecating the attack on the charter of Massachusetts, on the ground of the loyalty of the people and the probable expense of the change. Signed, Phile Roy Philopatris. Four closely written pages. Endorsed. Recd. about 21 Feb. Anonymous. [Col. Papers, Vol. LII., No. 93.]
Dec. 14.
Whitehall.
1464. Order of the King in Council. Approving the additional instructions to Lord Howard of Effingham. Signed, Francis Gwyn. ¼ p. Endorsed. [Col. Papers, Vol. LII., No. 94, and Col. Entry Bk., Vol. LXXXII., p. 272.]
Dec. 14.1465. Journal of Assembly of Virginia. Order as to the seizure of Captain Hall's Deerskins; also for presenting the accounts for the payment of the soldiers. The Burgesses brought up the Act for advancement of manufactures, which was returned with additions. It was again brought up and assented to. Accounts of payment of soldiers produced: account of public debts sent to the Burgesses. Orders thereupon for various payments.
Dec. 15.Payments ordered yesterday confirmed. Certain presents voted by the Burgesses to the Speaker, the Clerk of Assembly, and Robert Beverley. Ordered by the Deputy Governor and Council to be reserved for the next Assembly. The Burgesses objected, and the dispute kept both Houses sitting into the night.
Dec. 16.The Council conceded the payment of Beverley's claim. An allowance made to the Clerk of Assembly. [Col. Entry Bk., Vol. LXXXV., pp. 43–57.]
Dec. 15.1466. Order of the Commissioners of the Admiralty. Order for stopping Captain Poyntz's ship Fountain, which is now at Gravesend bound for Tobago. Signed, Nottingham, Hen. Savile, Jn. Chicheley. J. Brisbane. Copy. ½ p. Endorsed. [Col. Papers, Vol. LII., No. 95.]
[Dec.]1467. The proceedings of Captain Poyntz and company in relation to the settling of Tobago. Understanding that the King had granted Tobago to the Duke of Courland, Poyntz and company obtained a grant of 120,000 acres from the Duke under certain conditions. Some time later they acquainted the King in St. James's Park of the grant and of their intentions, and petitioned him to appoint persons to swear them and colours for them to carry. They then put some servants and goods in the ship Fountain, Elias Andrews commander, but the ship has been stopped by Royal order, though Poyntz and company are quite ignorant of the offence that they have committed. Signed, Jno. Poyntz. Henry Cookman, Philip Redwood, Thomas Poyntz, Sam. Cookman. 1 p. Endorsed. [Col. Papers, Vol. LII., No. 96.]
[Dec.]1468. Petition of Elias Andrews to the King. Is master of the ship Fountain, which was stopped at Gravesend, when bound to Barbados and Tobago, by Royal order, on the ground that the ship was the property of Captain Poyntz. Poyntz is not even part owner and has little cargo aboard, and but three passengers. Prays release of the ship. Copy. 1 p. Endorsed. [Col. Papers, Vol. LII., No. 97.]
Dec. 15.
Whitehall.
1469. The King to Sir Thomas Lynch. Warrant for the admission of Samuel Barry to the Council of Jamaica. [Col. Entry Bk., Vol. XCIX., p. 283.]
Dec. 17.
Barbados.
1470. Return of imports and shipping from 17th September to 17th December, 1683. [Col. Entry Bk., Vol. X., No. 18.]
Dec. 17.
Nevis.
1471. Deposition of Robert Richardson. Sailed from London in the ship Summer Island, Captain George Bond, master. At St. Thomas Bond was persuaded to turn pirate. Narrative of his captures, one of which, the Gideon, he sent to St. Thomas, where she was unloaded by the Governor, who gave the pirates protection and had furnished them with rigging and provisions. List of Bond's men. 2½ pp. Sworn before Sir William Stapleton 27th December 1683. Endorsed with a long précis. Rec. 15 April 1684. [Col. Papers, Vol. LII., No. 98.]
Dec. 17.
Nevis.
1472. Deposition of John Poynting. Is master of a sloop. Has several times been to St. Thomas and knows several of Hamlin, the pirate's men, who are now settled in St. Thomas. The Governor was in correspondence with the pirates who brought in the Gideon, and assured them of his protection. Six of deponent's men joined the pirate Bond. List of the men who brought in the Gideon. Sworn and endorsed as the preceding. [Col. Papers, Vol. LII., No. 99.]
Dec. 17.
Nevis.
1473. Deposition of John Thomson. Came to St. Thomas in a sloop from Barbados, and was persuaded by the Governor to become his overseer. Remembers the ship Gideon being brought in by pirates. Account of her cargo, which was put in the storehouse of the Governor, who gave the crew an ounce of gold-dust a man and treats them kindly. The pirates are all English. 2½ pp. Sworn and endorsed as the preceding. [Col. Papers, Vol. LII., No. 100.]
Dec. 17.
Nevis.
1474. Depositions of Captains Dennis Dey, Andrew Vandeveld, and Mr. Laurence Westerband. Were sent by Sir William Stapleton to look after pirates. Learned that Bond had bought a Dutch ship in St. Thomas. Went there and seized her. The Governor of St. Thomas pretended that she was a wreck and claimed her; he also threatened vengeance against the English. Deponents brought the ship to Nevis. 2 pp. Sworn and endorsed as the preceding. [Col. Papers, Vol. LII., No. 101.]
Dec. 18.
Barbados.
1475. Extract of a letter from Barbados, dated 18th December 1683. The Island was lately in alarm over an insurrection of the negroes. About a fortnight or three weeks ago a messenger came to my house at St. Michael's about 2 a.m., knocked loudly at my door, and said that the whole of the leeward of the Island was in arms over some alarm, which he thought came of a negro rebellion. No messenger followed him, so I simply sent to the officers of my regiment in town, telling them to be ready to join the part of the regiment in the country, if necessary. But presently a message came from a Major of horse to his Colonel that he could find no cause for the alarm; the negroes were quiet and had no arms. On inquiry, nothing could be made out against the negroes except four or five bold insolent blacks, who were well whipped as an example, and one old negro belonging to Madam Sharp, who frightened his mistress by saying of some Christians, who were beating negroes, that the negroes ere long would serve the Christians so. For which he was sentenced to be burnt alive, and was put to death. Since this some foolish mischievous persons have scattered about the enclosed paper and others like it, forgetting that negroes are not able to read. If we could find out the authors of these papers, it would be right that they should be punished. Here follows copy of the paper, dated 29th November 1683. Annexed,
1475 I. Another copy of the same paper. Scrap. The whole headed as above. [Col. Papers, Vol. LII., Nos. 102, 102 I.]
Dec. 18.1476. Journal of Assembly of Virginia. Amendments sent to the Burgesses on several Acts recently passed. [Lord Culpeper had arrived on the 16th.] The Speaker and Burgesses waited on His Excellency and congratulated him on his return.
Dec. 19.Amendment of the Acts by Lord Culpeper continued. His speech. He refused to allow the payment of Major Beverley's claim, and objected to the omission of the Attorney General from the list of those paid. On the address of the Burgesses he made over to them Captain Hall's forfeited deerskins.
Dec. 20.The Burgesses represented to the Governor that they had amended some of the laws according to his direction and hoped that the rest would soon be assented to, as the Assembly had lasted long. The Governor told them that if they disagreed with his amendments to let him know at once, for that his instructions forbade them to sit so long.
Dec. 21.The Burgesses produced their objections to Lord Culpeper's proposed amendments and to his refusal to pay Robert Beverley's claim. The Governor replied that he was not convinced, but that to save further sitting and expense he would consent to the counter proposals of the Burgesses, except in respect of Robert Beverley, whose claim he declined to allow.
Dec. 22.Four gentlemen appointed to receive the confiscated deerskins assigned to the burgesses by the Governor's order. The Acts of the session were brought up and assented to. Lord Culpeper's speech. The King so resented the late insurrection that he instructed me to call no assembly at all till the dignity of the Government should be asserted. You have omitted to make a law providing special penalties against such insurrection, but I hope at least that on your return home you will hold up such acts to general detestation. The Assembly is dissolved. [Col. Entry Bk., Vol. LXXXV., pp. 57–71.]
[Dec. 22.]1477. The accounts laid before the Assembly of Virginia in this session. [Col. Entry Bk., Vol. LXXXV., pp. 75–93.]
Dec. 19.
Whitehall.
1478. Order of the King in Council. Repealing the Act of St. Christophers for speedier payment of debts, and the Act of Antigua for extending lands or goods for debts and mulcts (see ante, No. 1333). [Col. Entry Bk., Vol. XLVII., p. 134.]
Dec. 19.
Whitehall.
1479. Order of the King in Council. On the petition of Samuel Hanson that previous Orders of Council relating to his case may be altered, the King sees no reason to alter them. Hanson is free to say before next Council day whether he will prosecute his appeals at common law or before the Council, and is to be provided with a copy of Sir Richard Dutton's defence. [Col. Entry Bk., Vol. VII., pp. 214, 215.]
Dec. 19.
Whitehall.
1480. William Blathwayt to Sir John Werden. Ordering him to attend the Council on the morrow, when the subject of the jurisdiction of the Admiralty will be discussed. [Col. Entry Bk., Vol. XXX., p. 232.]
Dec. 20.1481. Journal of Lords of Trade and Plantations. The appeal of Walter Barefoot finally dismissed.
The jurisdiction of the Admiralty Court in Jamaica considered. Agreed to submit certain questions to the Crown law-officers (see two following abstracts). Two draft Acts respecting importation of negroes into Jamaica, by the Jamaican merchants and the Royal African Company respectively, read. The Lords agree upon their own draft, to the effect that the Company shall import five thousand negroes the first year and three thousand annually in subsequent years. [Col. Entry Bk., Vol. CVII., pp. 252–255.]
[Dec. 20.]1482. Sir Thomas Lynch's representations respecting the Admiralty in Jamaica. Being extracts taken from his letters of 6th May and 12th September, on the subject of the Governor's powers as Vice-Admiral to take vessels into the King's service and to call court-martials of the officers appointed to command them (see ante, No8. 1065, 1249). Endorsed. Read 20 Dec. 1683. 2 pp. [Col. Papers, Vol. LII., No. 103.]
[Dec. 20.]1483. Mr. Brisbane's opinion and proposals on Sir Thomas Lynch's representations respecting the Admiralty. If the unusual power of trying by court-martial were given to a Governor, he would seldom be able to use it for want of the number of captains required by statute for a court-martial. Nor does it therefore follow thence that there must be a failure of justice against commanding officers and seamen of the King's ships, where the Governors have Commission of Oyer and Terminer to judge all crimes committed at sea. The statutes giving power of military justice to the Lord High Admiral and those commissioned by him were made to increase his powers of discipline, but there is nothing in them to exempt those in the King's pay at sea from the ordinary and more ancient jurisdiction of Admiralty. Sir Thomas might have tried Captain Churchill by Commission of Oyer and Terminer, though not by court-martial, which he wrongly judged to be the only way to try the King's captains and seamen. Perhaps the latter might dislike a trial by Oyer and Terminer as something new, but it is perfectly legal. On another point: It is received for truth that if, for instance, a Dutchman accuse of piracy the captain of a Spanish man-of-war, here in England or in any of the Colonies, the Spanish captain may lawfully be arrested, tried, condemned, and executed by the sessions, which is the Criminal Court of Admiralty, and that his commission would not avail him, because a man may have a very good commission and yet be a rank pirate, and be justly and legally hanged for the same. In the same way, English captains may be tried by the Admiralty of Spain, so why not by the Admiralties legally established in the Colonies? Several actions for damages have lately been brought in the Admiralty against the King's captains for acts done by them at sea. They defended themselves as best they might, but not one was advised to except against the jurisdiction of the Court. If they had been prosecuted criminally they must equally have submitted. If this be found law, Sir Thomas Lynch and other Governors may be told that they can try persons in the King's ships by Commission of Oyer and Terminer. If it be feared that the King's captains will refuse to submit themselves, the difficulty may be overcome by the issue of a standing instruction of the Lords of the Admiralty to commanders of ships. Here follows a draft instruction, to the purport that officers refusing to accept the jurisdiction of the Colonial Court shall, on their return home, be held guilty of the crime imputed to them, without further inquiry. They may, however, in all cases appeal to the English High Court of Admiralty. On the whole it is recommended (1) That all such trials shall be conducted with the greatest expedition, so as not to obstruct the King's service. (2) In cases of appeal the culprit must for graver offences be kept in custody, and for lighter offences give security for his appearance. (3) The offences committed by order of a superior officer shall be charged against that superior officer. It is worthy of consideration whether offences committed by the King's officers and seamen among themselves should not, though certainly triable by the Admiralty Court's Sessions, be reserved for court-martial. This is a remarkable defect in the government of the Navy. 4 pp. Unsigned. Inscribed, To be read immediately after Sir T. Lynch's representations. [Col. Papers, Vol. LII., No. 104].
Dec. 20.
Council
Chamber.
1484. William Blathwayt to the Attorney and Solicitor General, the King's Advocate General, and Sir Richard Lloyd, Advocate to the Duke of York. Submitting two questions:—(1.) The Duke being High Admiral of the Foreign Plantations and having Vice-Admiralty and Admiralty Courts there with the same extent of power as Vice-Admirals and Admiral-Courts in England, have such Vice-Admirals power to punish disobedience and disorders committed at sea, as well as on board the King's ships sent by order of the Commissioners of the Admiralty in England for the King's service, as on ships fitted out from time to time by the Governors, who are the Duke's Vice-Admirals; and in what manner? (2.) Have such Vice-Admirals power to grant commissions and to fit out vessels within the district of each respective Admiralty for the pursuing and apprehending of pirates? Signed. 1 p. Endorsed. [Col. Papers, Vol. LII., No. 105, and Col. Entry Bk., Vol. XXX., pp. 233, 234.]
Dec. 20.1485. Minutes of Council of St. Christophers. The Governor produced a letter from His Excellency, dated 18th December, consenting to second the petition to the King for arms, and to allow Christopher Jeaffreson to solicit the matter. William Willett sworn of the Council. [Col. Papers, Vol. L., No. 98.]
Dec. 27.
St. Jago de la
Vega.
1486. Minutes of Council of Jamaica. John Bourden sworn of the Council. Major William Dyre called in and asked what he pretended to by his commission, which was produced, being signed by the Commissioners of Customs. After debate, resolved that he be admitted to his office as Surveyor-General of the King's Customs, and he was sworn accordingly. Henry Egleton took the oaths as Deputy Secretary and Clerk of Council. Order for Francis Hickman, the present Secretary, to deliver to him the records of his office. [Col. Entry Bk., Vol. XXXVI., pp. 32, 32a.]
Dec. 27.
Jamaica.
1487. Sir Thomas Lynch to [Sir Leoline Jenkins]. I have already sent the duplicates of our laws. This will be delivered to you by Captain Peter Heywood, whom I was commanded to send home prisoner about the loss of His Majesty's ship Norwich. I have deferred it till now, having no man-of-war homeward bound. Captain Churchill, who brings this, is not under my command, but I gave him a copy of the King's order. Holograph. 1 p. Endorsed. [Col. Papers, Vol. LII., No. 106.]
Dec. 28.1488. Nicholas Spencer to Lords of Trade and Plantations. I gave you an account of the inroads of the Senecas. We must preserve our neighbouring Indians, for without Indian assistance it is impossible to follow the movements of these hostile tribes in a woody country. Our patrols of horse have succeeded in beating off the foreign Indians for the present, and we are taking the opportunity to unite the friendly tribes in stronger bodies, and supply them with arms. Signed, Nicho. Spencer. Holograph. 1 p. Endorsed. [Col. Papers, Vol. LII., No. 107.]
Dec. 31.
Port Royal.
1489. Deposition of Edward Hazle, respecting the riots at the Point, Jamaica, on 2nd October 1683 (see ante, No. 1348), taken before James Banckes at Port Royal, 31st December 1683, and certified by him. 2 pp. Endorsed. Read before the Committee, 18 June 1684. [Col. Papers, Vol. LII., No. 108.]
[Dec. ?]1490. An abstract of the case of Robert Orchard, being a digest of previous transactions therein (see ante, No. 1228). 3 pp. [Col. Papers, Vol. LII., No. 109.]
[Dec. ?]1491. Petition of Robert Orchard to Lords of Trade and Plantations. Prays for a report on his case as directed by the King. The Boston agents are embarked for America, and have gone leaving an answer with him, but no person to appear before the Board. 1 p. Endorsed and inscribed, 1683. [Col. Papers, Vol. LII., No. 110.]
[Dec. ?]1492. Instructions for the Commander of the Ketch in Virginia. An enumeration of the Acts of Trade and Navigation of 12, 15, 25 Car. II., and a general instruction to be diligent in enforcing them. The officer is to obey the orders of the King's Collectors in Maryland and Virginia, but always subject to the superior commands of the Governor of Virginia. Copy. 8 pp. Unsigned. Endorsed. [Col. Papers, Vol. LII., No. 111.]
[1683 ?]1493. Complaint of the Mayors of Barnstaple and Bideford on the proceedings of masters of ships at Newfoundland. 1. They pull down the standing stages to cure their fish, to the great prejudice of those that visit the harbour after them. 2. They cut down the stages for firewood when the fishing season is ended. 3. It should be ordered that none are permitted to fish in Newfoundland from the 20th September to the 20th April. "This complaint comes from the Mayors of Barnstaple and Bitheford, and is presented by their Agent, Richard Harris." ½ p. Undated. The writing rather of James I.'s time, but with a few later turns. [Col. Papers, Vol. LII., No. 112.]
[Dec.]1494. Petition of Mary Forrester, on behalf of Thomas Forrester, to Lords of Trade and Plantations. As her case is under consideration, thinks it well to say that the house taken for the common gaol was a good house, and the rent agreed on 75l. a year. Prays that the matter may be settled by indifferent persons acting for the King, and for her brother in Barbados. 1 p. Inscribed. Read December 1683. [Col. Papers, Vol. LII., No. 113.]
1495. "Form of bond concerning ships in Barbados," i.e., that taken by masters of ships not to embark any person from the island without a ticket. ½ p. [Col. Papers, Vol. LII., No. 114.]
1496. Abstract of records of all the grants of land made in South Carolina in 1683, continued from those abstracted in 1682 (see ante, No. 879).
Persons to
whom granted.
Number
of Acres.
In what County,
Parish, or Township,
or on what River or
Creek granted.
Date.
Samuel Boswood Clayton220Ashley River1 March 1683.
John Chalmers270Stono River" "
[Col. Entry Bk., Vol. XXIII., p. 4.]