America and West Indies: October 1678

Pages 293-303

Calendar of State Papers Colonial, America and West Indies: Volume 10, 1677-1680. Originally published by Her Majesty's Stationery Office, London, 1896.

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October 1678

Oct. 1.
805. The King's Warrant to the Attorney or Solicitor General. To prepare a Bill to pass the Great Seal containing a pardon to Sands Knowles, a planter of Virginia, for erasing, altering, or counterfeiting any orders of His Majesty's Commissioners for the affairs of Virginia. 1p. [Dom. Entry Bk., Chas. II., Vol. XXVIII., p. 222.]
Oct. 1. 806. Journal of Assembly of Barbadoes. Several Acts with amendments by the Governor and Council passed.
Oct. 2. Ordered that the Treasurer make payment to His Excellency of one third part of the sums of sugar voted to him, in money or what thereof is yet unpaid, and also give him credit for the duty of four pipes and a half of Madeira turned sour and altogether unsaleable. Two Acts passed. Adjourned to 26th November. [Col. Entry Bk., Vol. XIII., pp. 325–327.]
Oct. 1. 807. Journals of the Assembly of Jamaica. Reports of the Committees brought in against those Bills given to them to examine. Committee appointed to draw up a Revenue Bill, and with it to prepare an Address to his Excellency and to bring them both in at 7 o'clock to-morrow morning. Ordered that a Messenger with the Speaker's Warrant be sent for Captain Brayne to give reason for his non-attendance.
Oct. 2. Reasons in extenso by the Committee against passing twentyfive Bills.
Oct. 3. Question put whether the enacting part of the Bill for the Public Impost should pass under these words,—by the Governor, Council, and Assembly,—or,—by the King's most excellent Majesty, by and with the consent of the Council and General Assembly,—and it was voted,—by the Governor, Council, and Assembly. Question then put whether the Bill should pass under the style of Governor, Council, and Assembly, or otherwise, and it was voted otherwise. Question put under what style it should pass,—by the King's most Excellent Majesty by and with the advice and consent of the Council and General Assembly. The Bill was then read a first time and voted to pass.
Oct. 4. The above Bill read a second and third time, and voted to pass with the "following interlining." Then the House waited upon the Governor and Council with said Bill, and the Address which follows.
Oct. 5. The reasons for not passing the twenty-five Bills last read were carried to his Excellency by the Speaker.
Oct. 8. The Bill of Imposts with the Council's amendments brought from his Excellency to the House by the Speaker. Committee appointed to meet the Council, and also to report thereon.
Oct. 9. Report of the Committee of the Assembly to the Committee of the Council. The Speaker with the whole House waited upon his Excellency with the Bill of Impost, and the amendments made by the Committee of the Council. Report of the Speaker to the House thereon. After several messages between the House and his Excellency a Committee was appointed to meet with a Committee of the Council on their amendments to the Bill of Impost.
Oct. 10. Report of the Committee to the House on the amendments and alterations in the Bill for the Public Imposts. Votes on the several amendments. Message to his Excellency, who desired said amendments to be brought to him in the morning, and if he saw occasion he would have another conference.
Oct 11. Votes on each amendment, the second time and the third time. The Bill was engrossed and examined, then signed by the Speaker and ordered to be sent to his Excellency. The Speaker with the whole House waited upon his Excellency according to his desire. [Col. Entry Bk., Vol. XXXVII., pp. 206–214.]
Oct. 11. Votes on each amendement, the second time and the third time. The Bill was engrossed and examined, then signed by the Speaker and ordered to be sent to his Excellency. The speaker with the whole House waited upon his Excellency according to his desire. [Col. Entry Bk., Vol. XXXVII., pp. 206–214.]
Oct. 12.
808. Captain Thomas Breedon to Sir Robert Southwell. Received his of the 18th September (see ante, No. 802), two days since with Randolph's enclosed, and copy of a narrative Captain Breedon gave in to the Council of Trade about 1660, and will send it by Captain Daniel Burgess, who was with Breedon in Nova Scotia and New England. Has been ill ever since his arrival here 1p. [Col. Papers, Vol. XLII., No. 130.]
Oct. 12.
New York.
809. Sir E. Andros to William Blathwayt. On his arrival found the country quiet, but much alarmed with news of a French war, and has since had several rumours of Indian troubles; his neighbours of Connecticut have written of it, copies enclosed with answers; their acting has made the Indians high if not insolent; never made treaty with the Indians but dealt with them as a part of the Government, which he told their neighbours, and many more arguments against their going to treat, assuring them that as long as the Indians would hearken to this Government they should not hurt them. Now all his hope is regulations and orders from the King, as the only means which will keep them well in peace. Endorsed, "Received 24 Nov. 1678. Read in Council 4th Dec. 1768." Encloses,
809. i. The Commissioners of the United Colonies to Sir Edmond Andros. Congratulate him on his return. Inform him of a misunderstanding between the Maquas and their friend Indians, the Maquas having made a depredation near their English houses, killing and carrying captive 24; sent for them to be returned, but obtained no more than that they should be returned if again sent for; the Indians under the Government of the United Colonies greatly complain of the mischiefs done by them; fear if the future quarrel be not prevented it will quickly break out into a flame. Hope he will exert his power and interest for the return of the captives, and quieting those disturbances of mankind. Signed by Will. Leete, Joseph Dudley, Tho. Hinkley, James Cudworth, John Allen. Hartford, 1678, Sept. 6.
809. ii. Answer of Governor Andros to the above. Shall not be wanting on his part to act as they may suggest to prevent any trouble. Endorsed, "Recd. from Sir E. Andros, 24 Nov. 1678." New York, 1678, Sept. 10.
809. iii. The Commissioners of the United Colonies to Sir E. Andros, Acknowledge his friendly lines. Request him speedily to improve his interest and power for the return of those poor captives yet remaining alive among the Mohawks, and for the security of their friendly Indians; their bowels cannot but yearn towards them, considering how friendly and faithfully they have manifested themselves to the English in the late troubles, and many of them are amongst the number on whom the blessed God has had compassion in sending to them his everlasting gospel, hope, not without success to some of their poor souls; have not yet been informed of any just grounds that the Maquas pretend for their daily excursions. Hartford, 1678, Sept. 14.
809. iv. Governor Leete to Governor Andros. His letter of 8th August only just come to hand. Thanks him for his loving and neighbourly notice of one so unworthy, and for the grateful news of a peace through "Urope," hoping such peace may be endeavoured with the barbarians who are so apt to revenge and quarrel, and thereby embroil their English neighbours. Hartford, 1678, Sept. 18.
809. v. Sir E. Andros to the Commissioners of the United Colonies. Finds that they having made a particular treaty with the Maquas, and afterwards sent to demand satisfaction without his knowledge, or notice to any one in his absence; it is not advisable for him to treat with the Maquas on their account, unless they send some sufficiently authorized for that purpose; is ready further to advise on the matter, and to give a meeting at Newhaven, or any other fitting place between this and that. New York, 1678, Sept. 25.
809. vi. Governor Andros to Governor Leete. Thanks him for his letter. Repeats what he has already said to the Commissioners. New York, 1678, Sept. 25. Endorsed, "Received from Sir E. Andros, 24 Nov. 1678." Together, 8 pp. Printed in New York Documents, Vol. III., pp. 271–276. [Col. Papers, Vol. XLII., Nos. 131, 131 I.–VI.; see also Col. Entry Bk., Vol. LXVIII., pp. 43, 44.]
Oct. 15.
810. Governor Leverett to Secretary Sir Joseph Williamson. Since his account by Thomas Sexton of the Governor and Magistrates taking the oath, the General Court has taken it and ordered its taking. Encloses the return of the Court on William Harris's case in pursuance to the King's commands from Hampton Court, 4th August 1675. Thanks his Lordship for his favourable aspect on their messengers William Stoughton and Peter Bulkeley. Underwritten, Read at Committee, 6 Dec. 1678." Encloses,
810. i. Account of the proceedings of the Commissioners in Harris's case. Signed by Thomas Hinckley (President), Simon Lynde, James Cud worth, D. Henchman, and George Denison. Providence, Rhode Island, 1678 Oct. 5. Authenticated copy read. 7 Oct. 1678 by John Leverett. [Col. Entry Bk., Vol. LX., pp. 296, 308; and Col. Papers, Vol. XLII., No. 132.]
Oct. 17. 811. "Narrative and Deposition of Captain Breedon, concerning New England." Being summoned to appear before the Council for Foreign Plantations this day, 11th March 1660, presents the Massachusetts Book of Laws; the distinction between members and non-members is as famous as Cavaliers and Roundheads in England; the grievances of non-members who are for the King are really very many; since the King has granted a general pardon it will not become him to say they had so much as a stinking breath, although they apprehended a gentleman not many years ago (supposing him to be the King) resolving to send him for England, had not Sir Henry Moody and others better known His Majesty. They look upon themselves as a free State, and in December last sat a week in Council before they could agree on writing to the King, there being so many against any dependence on England. Asks why they do not proclaim the King, or act in his name, or give the oath of allegiance to the King instead of an oath of fidelity to themselves. On the arrival of Whalley and Goffe in New England, advised the Governor to secure them, who answered without a commission from England none should meddle with them. Was for this abused by many, calling him malignant, and the Marshal-General of the country coming to him in Court time and grinning in his face said, "Speak against Whalley and Goffe, if you dare, if you dare, if you dare." Afterwards, the Act of Parliament and King's Proclamation came into his hands, which some vilified as being more malignant pamphlets that he had picked up. Wrote to the Deputy Governor a letter (a copy of which is presented), sent it by his man with orders to bring an answer, but he was told to begone. Many of the soldiers would be glad to have officers by the King's commission, two-thirds being non freemen, and a Governor sent from the King; others fear it, and say they will die before they lose their liberties, by which it may appear how difficult it is to reconcile monarchy and independency. There is a law punishing any attempt to subvert their frame of government with death, and if any speak for the King's interest they are esteemed as against the frame of government and as mutineers, under which pressure many groaned at his coming away. Of great concernment that a speedy course should be taken for settling the country in due obedience, the two Hectors, Whalley and Goffe, daily buzzing in their ears a change of Government in England, and multitudes of discontented persons of their gang going and sending their estates thither. What the effects will be is to be feared, they being the key of the Indies, without which Jamaica, Barbados, and the Caribbee Islands are not able to subsist, there being many thousand tons of provisions, as beef, pork, peas, biscuit, butter, fish, carried to' Spain, Portugal, and Indies every year, besides sufficient for the country's use. The French and Dutch trading to the English Plantations in America is much to the prejudice of England and to the loss of Customs many thousands pounds yearly. Advises that the merchants trading to New England should give security for their friends' allegiance there under pain of an embargo being laid on all shipping bound thither, and that the King should conclude of sending over for establishing the colony in peace and obedience. Deposition attesting the above as a true copy of a paper delivered to the Committee for Plantations signed by Thomas Breedon. jurat. coram me xviio die Octr 1678. Jo. Topham. 3 pp. [Col. Papers, Vol. XLII., No. 133.]
Oct. 21.
812. The King's Warrant to Henry Harris, "one of our chief Gravers." To prepare two great seals of silver for our Leeward Islands, on one side to be engraven our effigies crowned in royal vestments holding a trident in one hand placed sitting on a chariot in the ocean drawn by two sea horses, with this inscription: Sigillum Insularum Sti Christophori, Nevis, Antegoa, Montserrat, &c., on the other side our arms with the garter, crown, supporters, and mottoes, and this inscription: Carolus II. Dei Gratia Magnæ Britanniæ Franciæ et Hibernæ Rex Fidei Defensor. Annexed,
812. i. Order of the King in Council. The Lords of Trade and Plantations having this day presented to His Majesty a seal for the Leeward Islands, ordered that same be transmitted to Governor Stapleton, and that the charge for cutting be put to the account of contingent expenses and satisfied out of the Exchequer. Whitehall, 1678, Oct. 30.
812. ii. Order of the King in Council. His Majesty being willing to contribute by all possible means to the welfare and prosperity of the Leeward Islands, and as nothing can prove of greater encouragement to planting than that the possessions of his subjects may be made firm to them and their posterity, approves the seal for the Leeward Islands, and orders that it be affixed to all patents and grants of land and all other public acts and instruments made within said islands, and that the same be immediately transmitted to Governor Stapleton; and it is further ordered that publication hereof be made in each of said islands by Governor Stapleton. Whitehall, 1678, Oct. 30.
812. iii. Reference by Sir John Ernle, Chancellor of the Exchequer, to Henry Slingesby, master and worker of His Majesty's Mint, to report what he thinks may be a reasonable price to be paid to Henry Harris for cutting the seal for the Leeward Islands, the price demanded seeming by the Lords of Trade and Plantations to be too great and unreasonable. Whitehall, 1678, Nov. 19.
812. iv. William Blathwayt to Mr. Lawrence. Sends copy of the above reference to H. Slingesby for appraising a seal cut by Mr. Harris of the Play House. Plantation Office, 1678, Nov. 20.
812. v. Report of H. Slingesby to the Chancellor of the Exchequer. That he has perused the accounts of Mr, Symonds, chief graver of His Majesty's seals, and finds he demanded 70l. for making a large double seal of silver for Barbadoes, weighing ten pounds, but does not find he was allowed or paid for it according to his demands. Has likewise seen the impressions of the new seal for the Leeward Islands which he conceives may be mended, yet cannot judge it equal in value with that of Mr. Symonds, who was a great artist and an excellent graver, nevertheless submits same to his better judgment. 1678 Nov. 21.
812. vi. Receipt by William Freeman for the great seal of the Leeward Islands from Sir Philip Lloyd, Clerk of the Privy Council, to be transmitted to Governor Stapleton, 1678, Nov. 30. Together, five papers. [Col. Papers, Vol. XLII., Nos. 134, 134 I., III., IV., V.; and Col. Entry Bks., Vol. XLVI., pp. 323–327, and Vol. CX., p. 137.]
Oct 23. 813. Captain Thomas Breedon to [Edmund Randolph]. Received his enclosed in Sir Robert Southwell's, to which he answers that, on his coming from Nova Scotia to Boston to raise forces according to the King's Commission, the Governor having read the Commission, told him that it was more than the King could grant, by which it may appear that, though they obeyed Cromwell's Commission given some years before to Major Sedgwick, they would not the King's, but committed him [Breedon] to prison and tried him for his life at a General Court, they being accusers, jury, and judges, to whom he refused to plead; but Captain Luke after, some debate, so moderated the Court that they only fined him 200l. and bound him to his good behaviour during his stay in the country, both of which he avoided by going to England. The matter was referred in 1664 to the Commissioners, who, sitting at his house at Boston, summoned all persons concerned to attend, but the Government sent a herald and trumpeter and 100 people accompanying them to proclaim that the Commissioners should not act in that government nor any persons give obedience, by which the meeting was dissolved and nothing farther done, the Commissioners leaving Boston about a week after; has heard since then that Captain Nicholas, Sir Robert Carr, Colonel Cartwright, and Mr. Maverick are all dead; knows not what account any of them gave of it. Need say no more of the reception of Whalley and Goffe at Boston, and of Mr. Norton and Mr. Broadstreet; Broadstreet's agencies; adds that one Winslow was their agent maintained in Cromwell's time, and after him Captain John Leverett till some time after the restoration; humbly submits how requisite it may be that they maintain an Agent now in England. 2 pp. [Col. papers, Vol. XLII., No. 135.]
Oct. 24.
St. Jago de la Vega.
814. Governor Lord Carlisle to Lords of Trade and Plantations. Has met with the difficulties he foresaw, but could neither avoid nor prevent, in England. The Assembly met 2nd September last. Recommended to them several bills he brought over under the Great Seal of England for their consent, but being much dissatisfied at the new form of government and losing their deliberative part of power in altering and amending laws, they would not pass one of them, but threw them all out. They prepared an Address with a Bill of Imposts on wines and strong liquors for a year in such terms it was not fit for the Governor to pass, but afterwards making amendments, he gave the Royal assent and dissolved them on 12th instant. His earnest suit to all their Lordships is to take the present state of this colony into their consideration for some expedient which may quiet the minds of persons generally dissatisfied in this island, "which is most certainly under the greatest hopes of an improvement of all the islands in the West Indies, and therefore most fit to be encouraged with the King's countenance and supported with good and acceptable laws." Begs that the Bills he may send may be despatched speedily. Has lately recovered out of the sea on the coast of Hispaniola the twenty great guns with 212 great shot lost in Captain Knapman's ship in Lord Vaughan's voyage to this island. Endorsed, "Read in Council 22 Feb. 1679." [Col. Papers, Vol. XLII., No. 136; and Col. Entry Bk., Vol. XXIX., pp. 270–272.]
Oct. 24.
St. Jago de la Vega.
815. Governor Lord Carlisle to Secretary Coventry. H.M.S. Jersey has brought into Port Royal twenty great guns and 212 great shot from the wreck. The Hunter much disabled with lightning and thunder while cruizing, but has been refitted and gone out again. Remarks on the Assembly to the same effect as in his letter to Lords of Trade and Plantations. Put this question to each of the Councillors, "Do you submit and consent to this present form of government which His Majesty hath been pleased to order for this island of Jamaica ?" to which Colonel Long, Chief Justice, and Colonel Thomas Freeman and Charles Whitfield refused to answer, but sent their submission the next morning, except Whitfield, otherwise a very good man, who went into the country. Reasons drawn up by the Assembly against passing the laws, many very frivolous, but the best was because they were not compared with and amended by the last laws of Lord Vaughan, now with Secretary Coventry, received some two days before Lord Carlisle's coming away. Has answered their reasons against the Revenue Bill. But no means would prevail with them to pass any one of them. Describes what he looks upon to be their chief reason. In one part of their objection thinks they are right, for they will want temporary laws till the Colony be better grown. Is of opinion it's very advisable and requisite that here should be power from the King to make laws, not relating to His Majesty's power or prerogative, to endure for some term until his approbation may be had; earnestly entreats his care in this. Remarks on the address to the Governor on a Bill for a Public Impost. Dissolved the Assembly on 12th instant. Many English prisoners at the Havaun and other places, of whom he has a list. About 1,200 privateers abroad, but some come in since his arrival, and more hoped for from the encouragement he has given them to stay; they have generally French commissions. Some of them in revenge for Spanish injuries took Campeachy and kept it several days. If a war with France, this island will stand in need of their assistance, for we have not above four thousand whites able to bear arms, a secret not fit to be made public. Our best lawyers of opinion that all the laws are determined, though the people believe them to be still in force. If he finds any questions in the Courts of Judicature, has a Proclamation ready to declare them good till His Majesty's pleasure be known. "Read at the Committee 5 April 1679." [Col. Entry Bk., Vol. XXIX., pp. 277–284.]
Oct. 24.
St. Jago.
816. Governor Lord Carlisle to Secretary Sir Josiah Williamson. Will most readily show any kindness to Captain Beckfort. Has recovered the twenty great guns lost when Lord Vaughan came over. The proceedings of the Assembly have been so cross-grained that they have thrown out all the Bills he brought under the Great Seal. The disgust to the new frame of Government occasioned it. Some of the laws were faulty themselves. Withstood some of these alterations for in some measure he foresaw what has happened. It rests now with the King and those about him to consider whether you will gratify the people in reverting to the former way. The dilatoriness of passing laws in a new Colony is a sting he shall beg may be altered. Has taken more pains than ever he did in any business in his life to make the Assembly sensible of the hurt they did themselves and the island, but all to no purpose; they will not consent to lose their deliberative power. Great difficulty in getting the Bill of Impost for one year amended in any measure fit to pass. His health better than in England. 2pp. [Col. Papers, Vol. XLII., No. 137.]
Oct. 25. 817. Colonel Francis Moryson to W. Blathwayt. Sends an order lately received from Virginia which will show the Lords of Trade and Plantations a prospect of the arrogancy of Virginia Assemblies. This order was made by an Assembly that was called after our coming away, that which sat during the time the Commissioners executed their Commission never so much as questioned their power, which was sufficiently understood. This very Beverly that complained had a sight of as much as concerned his delivery of the records before we had them. Did not think it necessary to record an executed Commission in an inferior Court—"This order was made by the House of Burgesses and not by both Houses, thus you will see how unfit appeals in causes lye to them from the Governor and Council that make the other House." Encloses,.
817. i. Representation of House of Burgesses of Virginia to Governor Jeffreys. That Sir John Berry and Colonel Moryson, His Majesty's Commissioners, by warrant dated 19th April 1677, commanded and forced from Robert Beverly, Clerk of the Assembly, into said Commissioners' keeping for several months, all the original journals, Acts, orders, laws, proceedings, gifts, levies, accounts, and all other public allowances whatsoever which concern the Assembly begun at Green Spring 20th February 1677, and also in March and June 1676, "which we take to be a great violation of our proceedings," declaring they had full power from His Majesty, "which this House do humbly suppose His Majesty would not grant or command, for that they find not the same to have been practised by any of the kings of England in the like case." And because this Commission was never published, or put on record, this House prays His Honour to grant them a view of it, and as His Majesty's Governor and representative to give this House such satisfaction that they may be assured no such violation of their privileges shall be offered for the future. "Test. Robert Beverly, Cl. Assembly." Endorsed, "Enclosed in a letter from Col. Moryson reed. 25 Oct. 1678." [Col. Papers, Vol. XLII., Nos. 138, 138 I.]
Oct. 29. 818. Colonel Francis Moryson to [William Blathwayt]. Has sent the Commission which the Commissioners acted upon in Virginia, that the Lords may be informed that the records and other papers were commanded by virtue of their Commission, and not by force, as the Order of Assembly imports (see 23rd October 1677). That Beverly had a sight of said Commission before he delivered the records. Replies to other points in reference to said Order. [Col. Papers, Vol. XLII., No. 139.]
Oct. 30. 819. The King to the Earl of Carlisle, Governor of Jamaica. To cause John Ball to be sworn one of the Council, his name having been omitted in his Lordship's instructions among the rest of the Members of the Council. [Col. Entry Bk., Vol. XXIX., p. 242.]
Oct. 30.
820. Order of the King in Council. That the letter from the earl of Carlisle, Governor of Jamaica [to Secretary Coventry], dated 14th August last, be referred to Lords of Trade and Plantations for their report as to what they think fit to be done therein. "Read at the Committee 6 Dec. 1678." [Col. Papers, Vol. XLII., No. 140, and Col. Entry Bks., Vol. XXIX., p. 243.]
Oct. 30.
821. Order of the King in Council. On representation of the Assembly of Virginia to Governor Jeffreys, setting forth that His Majesty's Commissioners had forced from the Clerk of the Assembly all their original journals, Acts, and other public papers, which they took as a great violation of their privileges, and desired that they might be assured no such violation should be offered for the future, His Majesty, taking notice of the great presumption of said Assembly in calling in question his said authority derived to his said Commissioners, refers the consideration thereof to the Lords of Trade and Plantations for their report of what they think fit to be done in vindication of His Majesty's authority, and for bringing said Assembly to a due sense and acknowledgment of their duty and submission towards His Majesty, and such as are commissionated by him. Also to prepare a scheme of laws and orders to be transmitted to said Colony of Virginia. 1p. [Col. Papers, Vol. XLII., No. 141.]
Oct. 31.
Gresham College.
822. Minutes of a Committee of the Gambia Adventurers. Resolved that intimation be sent to the Royal African Company that the appraisers for both stocks have agreed on the appraisement of all ammunition, great guns, small arms, ships, boats, and all merchandise which they had remaining on James Island, Bence Island, and Sherbero, and said goods are delivered at each place to the factors of the Royal Company, for which the Gambia Adventurers expect payment according to the articles. The appraisement of James Island amounts to 6,814l. 8s. 2d., of Bence Island to 4,644l. 4s. 9d., and of Sherbero to 1,068l. 13s. 5d.
Dec. 10. Ordered that copy of above resolution delivered to Royal African Company by Squire Bence, with clause of the lease relating to the time of payment, be presented to the Royal African Company by Squire Bence and Benjamin Hinton, demanding payment of said sum of 12,527l. 4s. 4d. The clause of the lease that within one month of said appraisement the money shall be paid by the Royal Company. Answer of the Court of Assistants of the Royal African Company, "That at present the accounts are under examination, and so can give no further answer." 1p. [Col. Papers, Vol. XLII., No. 142.]