|
| Feb. 4. |
1284. Petition of John Crown to the King. As Mounthope
has been bestowed on Plymouth, prays for a tract of land called
Boston neck, or such a number of acres of the Narragansett
Country (which is His Majesty's right by ancient donation of
the Indians) as may afford his father, family, and himself a
competent subsistence. Underwritten is a reference dated 4th
February 1679/80 to the Committee for Trade and Plantations.
Signed, Sunderland. 1 p. [Col. Papers, Vol. XLIV., No. 15,
and Col. Entry Bk., Vol. LXI., pp. 35–37.] |
|
Entry of the above petition and reference. [Dom. Entry Bk.,
Vol. LV., p. 63.] |
Feb 4.
Whitehall. |
1285. Order of the King in Council referring the examination
of the seditious practices lately carried on in Carolina by John
Culpeper and others to the Lords of Trade and Plantations, who
are directed to meet for that purpose on Saturday next, 8th February.
Copy. ½ p. [Col. Papers, Vol. XLIV., No. 16.] |
| [Feb. 4.] |
1286. Petition of William Hinton to the King. Petitioner
has since 1667 spent much pains and 2,500l. in endeavouring
the settlement of Newfoundland, encouraged thereby by His
Majesty's repeated promises that he should have the Government
when it should be established. The Colony will be ruined unless
the Government be settled; and petitioner prays that the King's
promise may be remembered when the Government is concluded.
1 p. Endorsed, "Recd. from Mr. Duppa 4 Feb. 1679." [Col.
Papers, Vol. XLIV., No. 17.] |
| [Feb. 6.] |
1287. Petition of William Downing to the King. Praying for a
settled Government for Newfoundland, since the West Country
Adventurers, notwithstanding the suspension of their Charter by
Order in Council, have inflicted great abuses and vexations on the
inhabitants and forced them either to return to England or to
request French protection. Endorsed, "Read in Council 6 Feb.
1679–80." [Col. Papers, Vol.. XLIV., No. 18.] |
| Feb. 7. |
1288. Journal of Lords of Trade and Plantations. In pursuance
of the enquiry into the business of the late rebellion in Carolina, the
Earls of Shaftesbury and Craven, and Sir Peter Colleton were called
in. Lord Shaftesbury promised to furnish their Lordships with a
copy of the patent and a speedy answer to their circular letter
and enquiries, and then narrated as follows. In 1677 the Lords
Proprietors sent one Eastchurch to be their governor of Albemarle
county, who staying sometime at Antigua deputed Mr. Miller,
Collector of the King's Customs, to go and settle the country. Soon
after his arrival the rebellion broke out. Miller is no sectary but is
given to drink; the accusations of treason against him are spiteful
merely. On his arrival he undertook to model the Parliament,
which gave the people occasion to oppose and imprison him.
Whereupon Mr. Durant, Captains Gilham and Culpeper agreed
together to defraud the King of his Customs. Sir Richard Temple,
one of the King's Commissioners of Customs being called in, declared
that Culpeper had no authority to seize the King's Customs.
Whereupon an account was read which Miller had delivered upon
oath to the Commissioners of Customs. Culpeper replies that there
was a lawful assembly set up by whose authority he acted, and
that the people of Carolina agreed upon him as their collector after
Miller's imprisonment, just as a collector had been appointed by the
country after the death of Mr. Bland. The Lords Proprietors
rejoin that the authority which appointed Culpeper collector was
rebellious. Miller produces a paper (see No. 1290 I.) written in
Culpeper's own hand forbidding all persons to meddle with the
Customs. Whereon Culpeper says it was his proclamation and
excepts against Miller and Hudson as traitors to the King. Messrs.
Hudson, Summers, and Taylor being sworn depose that Culpeper
abetted the rebellion and that all the Proprietors' deputies were
imprisoned by the rebels, except one who joined them. After the
examination of witnesses Culpeper desires that he may be tried in
Carolina, and, if that may not be granted him, acknowledges the
fact and begs His Majesty's pardon. The Lords Proprietors inform
their Lordships that the country is now quiet, and propose that the
King's money which was taken by the rebels shall be reimbursed
by the offenders and not by a general tax upon the community.
The Commissioners of Customs recommended that Culpeper be not
pardoned till the King be satisfied for his Customs. Ordered that
Captain Gilham, who is accused by Mr. Miller, attend on Monday
next to be examined. [Col. Entry Bk., Vol. CVI., pp. 118–122.] |
Feb. 7.
Whitehall. |
1289. Report of Lords of Trade and Plantations to the King.
We have heard the complaints of the Commissioners of Customs
against John Culpeper, and are satisfied that he aided and abetted
a rebellion in Carolina, whereby seven lawful magistrates were
imprisoned, the Collector of Customs among them, and that he proclaimed himself collector. Culpeper confesses and prays for pardon,
but if your Majesty should not show mercy to him he begs to be tried
in Carolina. The Commissioners of Customs beseech your Majesty
that no mercy be shown him unless he make good the 3,000l. which
he took from the Customs. Signed, Anglesey, J. Bridgewater,
H. Coventry, L. Hyde, Lauderdale, Worcester. Copy. 2 pp.
[Col. Papers, Vol. XLIV., No. 19.] |
| Feb. 7. |
1290. Papers concerning the rebellion in Carolina read before
the Committee of Trade and Plantations in the trial of John
Culpeper aforesaid. |
|
Remonstrance of the inhabitants of Paspatancke to all the rest of
the county of Albemarle. A manifesto of the rebels to justify their
violent proceedings. Copy. Certified by sworn statement of
Edward Wade. Inscribed, "The Rebels' first paper, called a
remonstrance, and Mr. Wade's testimony." Dated 3rd October
1677. 1½ pp. |
|
1290. i. Declaration of John Culpeper to the inhabitants of
County Albemarle against the authority of Captain
Timothy Biggs. Dated 25th February 1678–79. Copy.
Endorsed, "Culpeper's declaration against T. B. when
T. B. was pulled down." Scrap. |
|
1290. ii. Affidavit of Henry Hudson giving information from
Thomas Miller's arrival in July 1677 and of the course of
the rebellion. Subscribed, "Jun. 31 die Februar. 1679
(1680) W. Mountagu." 1½ pp. |
|
1290. iii. Affidavit of John Taylor who was with Captain
Timothy Biggs. Subscribed as the foregoing. 1¼ pp. |
|
1290. iv. Affidavit of Thomas Miller, with his story of the
rebellion. Subscribed as the foregoing. 2¾ pp. [Col.
Papers, Vol. XLIV., Nos. 20, 20 I.–IV.] |
Feb. 7.
Nevis. |
1291. Governor Sir William Stapleton to Lords of Trade and Plantations. The Deptford ketch is returned from Surinam with 102
persons, blacks and whites, who are now in the Island of Antigua. The
Dutch Governor will not permit any more to come without orders
from the States, though the men are all clear from debt. I beg that
you will move the King to obtain such orders, for they will be a great
relief to the English at Surinam, of whom a list is herewith enclosed
(see No. 1281 1.). The latter, together with the 102 already at Antigua,
will add greatly to the settlement of that Island, which in three or
four years will exceed any of the Leeward Islands and add proportionately to the King's revenue. I suppose the Dutch Governor's
arguments to be a mere put-off, for I conceive that the instructions
of the States mentioned in the 5th Article of the last Treaty were
already sent by Mr. Cranfield when he went to Surinam as
Commissioner to transport the English to Jamaica. This new
Governor might be ignorant of it, or merely conceal it as an excuse
for detaining the King's subjects. I therefore intend to write to
him to search the records and to signify to him that the King my
master is not obliged to procure a new order for every Governor
that comes out. I ask you to note that he was ready to let them
go if they left their land and stock for nothing or for less than their
value. However, I beg you to send an order from the States
General for the poor people are ready to starve there and
exposed to be murthered by the heathen Indians. The Indians
have got many of their black servants already and butchered several
of the inhabitants, English and Dutch. Holograph. Inscribed.
Received from Mr. Secretary Coventry, 26th April. Read 27th
April 1680. 1 p. [Col. Papers, Vol. XLIV., No. 21, and Col.
Entry Bk., Vol. XLVI., pp. 422, 423.] |
| Feb 8. |
1292. Sir P. Colleton to Mr. Blathwayt. Encloses a narrative of
the proceedings at Albemarle as they have been made known to the
Lords Proprietors by letters, informations, and persons from thence.
Encloses, |
|
1292 i. The case between Thomas Miller, Collector of the King's
Customs, and Captain Zachariah Gilham, Culpeper, Durant,
Crawford, and others, principal actors in the late disturbances of the Northern part of Carolina. 3 pp.
Endorsed. Received from Sir P. Colleton, 9th February
1679–80. [Col. Papers, Vol. XLIV., Nos. 22, 22 I.] |
| [Feb. 11.] |
1293. The humble representation of John Downing of St. John's
Newfoundland, on behalf of the inhabitants. The Western
Adventurers have broken all the Articles of their Charter that are
any way considerable. By the care of the King's Captains, Sir
John Berry, Carter, Russell and others, the inhabitants' stages were
well kept and well found, but notwithstanding this the greater
part of them were in 1678 destroyed by those belonging to the
adventurers in fishing and sack ships. The greater part of them
were found spoiled at the time of the departure of the said ships,
and the reason was that the Convoy, Captain Dickeson, came late
and did not enter St. John's. The same would have been done to
the new and rebuilt stages this year but for the arrival of Captain
Wright. There were last year several persons settled in stages
built by the adventurers and several inhabitants likewise. It can
be proved that last year the Admiral of the Adventurers' fishing
fleet, Thomas Weighmouth, when soon after his arrival several of
the storehouses belonging to the ships of other Adventurers were
broken into and spoiled, punished none of the culprits though he
knew who they were. Captain Wright ordered the Vice-Admiral,
in the absence of the Admiral, to forbid all damage to any buildings
of the Adventurers, which was done, but none the less several stages
and storerooms were much spoiled by night and stealthily by day.
Several other disorders are committed for want of a settled government, the offendors presuming that they may pass without control
if they escape being called to account by the Captain. How can it
be doubted but that more damage will be done when the King's
ships have left the place, there being no authority left to check
them ? I can command my own family, and that is all that I and
other honest persons can do. Several of the inhabitants have left
the place, and others will go unless a settled government be
established, and the people allowed to live in peace unoppressed by
the Western Adventurers. 1 p. Copy. Endorsed, Recd. 11th
Feb. 1679–80. [Col. Papers, Vol. XLIV., No. 23.] |
| Feb. 16. |
1294. Journal of Lords of Trade and Plantations. Business of
Newfoundland, pursuant to Order in Council of 15th instant. Read,
an account of the past history and present of the Colony, the Report
presented to the King, 15th April 1675, and several reports made
by the Convoys annually sent to the Colony, which their Lordships
see no reason not to accept as true and authentic. The Western
Charter confirmed and enlarged on the 20th January 1675 was
examined. Agreed that the first article be put into execution and a
more effectual way of judicature be found, whether by the convoys
then present, or by such as the King shall appoint. Remaining
articles of the preamble agreed to except the 10th, prohibiting the
setting up of taverns, which was altered so as to enable the
inhabitants to keep taverns and public houses, and leave it to
masters of ships to see that their men do not debauch themselves
As to the added portion of the Charter, the following amendments
were made:—3rd Article: To allow the planters to live as near the
shore as they please. 4th Article: That the inhabitants shall retain
possession of their stages, but build no more until the Adventurers
be all arrived, after which they may erect new stages which they
shall always possess; and that no Planters or Adventurers meddle
with the stages belonging to each other. 5th Article: To permit
the inhabitants to hire servants in England and transport them to
Newfoundland, though they be not of the ships' company or have
no share therein. 6th Article: That no owner carry more than
sixty persons per hundred tons. 8th Article: The order obliging
fishing ships to stay till the 1st March is superseded; agreed that
the King be recommended to send one convoy at the first season
to protect the ships bound to Newfoundland. Their Lordships also
recommend that one Minister, or as many more as the inhabitants
can maintain, be sent over by the next convoy, who are to go from
place to place to baptize children, &c., and that the person to be
commissioned by the King be ordered to visit the settlements yearly,
and take care that the people do not go to the French, and keep an
exact register of them and of their ships, to be furnished to the
Council annually. [Col. Entry Bk., Vol. CVI., pp. 122–127.] |
Feb. 16.
Treasury Chamber. |
1295. Lords of the Treasury to Sir Robert Howard, Auditor
and other officials of the Exchequer. Warrant for payment of 750l.
to Sir William Stapleton for the building of forts in the Leeward
Islands, pursuant to Order in Council of 28th November 1679.
Signed, L. Hyde, Ed. Dering, S. Godolphin, Ste. Fox. Copy. 1 p.
[Col. Papers, Vol. XLIV., No. 24.] |
| Feb. 17 and 18. |
1296. Jouinal of Assembly of Barbadoes. Colonel Richard Guy
elected Speaker. Adjourned to 8 a.m. precisely on the morrow.
Bill for prohibiting the putting of negroes or other slaves to arts or
trades; Bill to continue an Act for the better regulation of the
issue of tickets by the Secretary, both passed nem. con. Order for
Colonels Richard Guy, Christopher Codrington, William Sharpe,
and William Bate to sit with the representatives of the Council in
the Committee to examine the Militia Act, passed. Bills for the
destroying of wild monkeys and racoons and for prohibiting negroes
from learning trade passed as amended by the Governor. Petitions
of Edward Rownton and John Firebrace considered and satisfied.
[Col. Entry Bk., Vol. XIII., pp. 375–378.] |
| Feb. 19. |
1297. Journal of Lords of Trade and Plantations. Sir William
Stapleton's letter of 18th December 1679 read (ante, No. 1235) and
their Lordships' report thereon agreed to (see post, No. 1320).
Captain Gilham, accused of taking part in the rebellion of Carolina,
called in, as also Lords Shaftesbury and Craven and Sir Richard
Temple. The information of Peter Brockwell and Solomen Summers
read; Brockwell being sworn cannot say that Gilham did act in the
rebellion; Summers deposes that Gilham conferred with the rebels
and gave them arms. Thomas Miller deposes that the person who
seized him had Gilham's sword, and that other prominent rebels
had swords from him also; further, that Gilham detained him on
board his ship as a prisoner and received rebels on board. Affidavit
of John Taylor read. Gilham replies that he had no conversation
with any man except as they were his customers, and says Miller
came on board his ship in a hectoring, insolent manner, and was
free to leave it as soon as he pleased. Lord Shaftesbury hereupon
informs the Board that further information in the matter is
expected from Carolina; after which the Lords desire the Lords
Proprietors and Commissioners of Customs to confer as to rules
for the settlement of the country and the security of the King's
Customs, and present such rules to the Board. Captain Gilham
warned that he must attend again if summoned. [Col. Entry Bk.,
Vol. CVI., pp. 128–130.] |
| (Feb. 19.) |
1298. Papers concerning the rebellion at Carolina read before
the Lords of Trade and Plantations:— |
|
1298. i. Affidavit of Edward Cooke, mariner, respecting the trial
and acquittal of Thomas Miller, for using treasonable
language. Sworn before Major Robert Clayton, 9th
February 1679–80. |
|
1298. ii. Affidavit of Henry Crokly, shipwright, to the same
effect. Sworn as preceding, 13th February 1679–80.
Scrap. |
|
1298. iii. Affidavit of James Swanson of London, to same effect.
Sworn as preceding, 13th February 1679–80. Scrap. |
|
1298. iv. Affidavit of Solomon Summers, respecting the rebellion
in Carolina. Sworn 31st January 1679–80. 1 p. |
|
1298. v. Affidavit of Henry Hudson. Sworn 16th February
1679–80. 1 p. |
|
1298. vi. Affidavit of Peter Brockwell. Sworn 16th February
1679. 1 p. |
|
1298. vii. Petition of Timothy Biggs to the King, praying for
settlement of the Government after the rebellion. Enclosing two following papers. 1679. |
|
1298. viii. Affidavit of Timothy Biggs, confirming a former
deposition. Original date 15th August 1679. 2½ pp. |
|
1298. ix. Humble proposals of Timothy Biggs to the Lords
Proprietors of Carolina for the improvement of the
Colony. Original date 15th August 1679. |
|
1298. x. Answer of Zachariah Gilham to the charges made
against him. 1½ pp. Received 19th February 1679–80. |
|
1298. xi. Account of tobacco shipped by Zachariah Gilham for
London and Holland from 1677–79. ½ p. [Col. Papers,
Vol. XLIV., Nos. 25 I–XI.] |
| Feb. 19. |
1299. [William Blathwayt] to Mr. Guy. The Lords of Trade
and Plantations finding no direct evidence against Zachariah
Gilham, he is discharged under an obligation to attend further if
required. Meanwhile, the Proprietors of Carolina and Commissioners of Customs are desired by the Lords to agree on some
proposal for resettling the Government and for the collection of
customs. The Commissioners of Customs are requested to report
to the Lords on the matter. Draft. 1 p. [Col. Papers, Vol. XLIV.,
No. 26.] |
| Feb. 21. |
1300. Journal of Lords of Trade and Plantations. Business of
Newfoundland resumed from 16th February (ante, No. 1294).
9th Article, of the latter part of the Charter, limiting the transportation of seamen to members of the ship's company or
shareholders in the ship only, superseded. 10th Article agreed to.
11th Article postponed. 12th Article, that the Admirals secure
and bring to England all offenders in Newfoundland, altered so as
to exclude planters and their servants, while still including seamen.
15th Article, for bringing offenders into England, amended in the
same spirit. In reply to the "Reasons for the decay of the
Fishing Trade" formerly presented to them (see ante, No. 1293),
their Lordships order—(1 and 2.) That the masters and seamen
of all fishing ships give bond not to destroy or damage their own
stages or any other. (3.) That the laws of England be enforced
to prevent the destruction of timber and filling up the harbours,
also that the bonds given by masters and seamen to the several
mayors be returned to the Council, and that they send up certificates to the Board of Trade and Plantations how the conditions
have been executed; and that the planters give the like certificates
to the Governor, who will transmit them to the Council. After
further debate, it was agreed that the planters may have leave to
fish during the whole fishing season, and at the same time that
the Adventurers do. Agreed that a Governor should be sent to
Newfoundland with power to punish the planters and their
servants, and also to secure all seamen and other fishermen that
offend ashore and send them on board to be punished by the
masters or carried to England. Agreed that the restriction on
masters to transport none but such as belong to their ships, apply
in future only to the Adventurers' fishing ships and Company, and
that free liberty be given to all others to go to Newfoundland in
what capacity soever. Their Lordships opine further that the
Admirals and Vice-Admirals may preserve the peace among the
seamen and fishermen ashore, so that they interfere not with the
Governor's authority. Ordered, that provision be made to prevent
convoys from carrying men belonging to other ships, and from
fishing or carrying fish except for their own use. A Petition on
behalf of the inhabitants of Newfoundland read, and consideration
thereof postponed. [Col. Entry Bk., Vol. CVI., pp. 131–134.] |
| Feb. 21.) |
1301. Representation of the inhabitants of Newfoundland to
Lords of Trade and Plantations. They have never in their former
petitions designed the least prejudice to fishery or navigation they
desire only the security of the King's property, the advancement of
his Customs, and encouragement of the fishery in general. If the
King do now make a full settlement of the country, they desire that
their servants may be brought to them yearly by freight or hire,
according to the practice of the fishing ships, but they conceive it
necessary and for the good of all that, as by the violence of the Western
Adventurers they have been forced to disperse to twenty different
places, the King should reduce them to four, viz., Trinity Harbour,
St. John's, Ferryland, and Trepassey, or such other harbours as the
Lords may think fit. Thereby not only will the Colony be easily
governed, but also enabled to oppose the French, provided St. John's,
which is a place easily fortified, be one of the places assigned to
them. The inhabitants are willing, for the greater satisfaction of
the Western Adventurers, to contain themselves within their present
number and possess only their existing stages, provided that their
children, as in time they increase, be permitted to erect stages and
get an honest livelihood by a trade which is so advantageous to the
Kingdom. Signed, William Downing. 1 p. Endorsed, Read
21 Feb., and again 26 Feb. 1679–80. [Col. Papers, Vol. XLIV.,
No. 27.] |
Feb. 23.
St Jago de la Vega. |
1302. Governor Lord Carlisle to Lords of Trade and Plantations.
Were I not well assured of my true regard to the King, and
conscious that I have acted duly by the advice of my Council and
according to my best discretion, I should be more troubled than I
am at the information of my friends of your Lordships' resentment
against my proceedings. Ever since my arrival I have carried
myself with that caution that by a patient suffering I might gain
the better opportunity of generally discovering the humours of those
people, who rashly oppose the directions of your Lordships and
the pleasure of the King. In pursuance thereof I have removed
Colonel Samuel Long from the Chief Justiceship and the Council,
and design to bring him with some of the stubbornest of the General
Assembly to appear before your Lordships, and receive those reasons
for their obedience in England, which they reject as insufficient in
Jamaica. I hear that your Lordships are dissatisfied that I should
accept a temporary Bill of Revenue. Truly I am not content myself
till I consider the inducements of a Treasury not only empty (from
Lord Vaughan's refusal to pass a like Bill before his departure)
but a thousand pounds in debt. I passed this last Bill from the
necessity of supporting the government, which could not otherwise
be preserved. Before the Bill of Revenue for six months passed, I
had neither the King's orders nor yours. When I afterwards
received them, I found the Council very unwilling to raise money
without the General Assembly, from their certain apprehensions
that many merchants would refuse payment, as of an impost
illegally levied. Indeed, they had hinted that they would address
the Parliament in England in that behalf. I therefore wrote to
Secretary Coventry for such increased powers as would persuade
the Council to concur with me, and I dare modestly aver that
not one at the Council Board, though most dissatisfied with my
proceedings, would have acted otherwise in my place. As to your
Lordships' objections against granting four offices in this Island to
Mr. John Byndloss, I agree with them, and I beg your Lordships'
care that neither fresh grants may be issued to persons resident in
England, nor patents renewed to any persons not residing in
Jamaica, the contrary practice being inconvenient to the government and unpopular with the people, who are naturally, more here
than in other places, averse to strangers. As to your Lordships'
remarks on the muster rolls of the two foot companies, I return
this answer (a verbatim repetition of that abstracted in the letter next
following). |
|
About Christmas arrived here one Captain Francis Mingham
from England with an order from your Lordships directed to be
shown to Sir Henry Morgan and Mr. Thomas Martin, the ReceiverGeneral, upon a scandalous petition delivered to your Lordships
against them. In the main I am well satisfied. Mingham is a very ill
man. He took upon him (though there was no mention of me either
in the petition or the order) to serve me too, as he had served
Sir H. Morgan and Mr. Martin, as if I had been concerned in what
he so falsely and maliciously charged them with. His ship was
condemned in the Admiralty Court, and sold but for 300l., whereas
the petition says 800l., and that it was divided between them,
whereas I do not believe that they turned a penny of it to their own
use. Sir Henry as Judge of the Admiralty Court has not yet
received even his fees, and Mr. Martin has given his share for the
building of an Exchange in Port Royal for the encouragement of
trade. They are now engaged in a trial with Mingham before the
Grand Court, the result of which shall be reported to you as speedily
as possible. His Majesty's ship Success is a total wreck, but I
have saved her guns, cables, sails, and anchors. I was encouraged
to try and recover her by Captain Tosier and by certificates under
the hands of the warrant officers of both His Majesty's frigates.
(The account of the court-martial as in following letter.) |
|
Postscript.—Since writing the above Mingham's attorney asked
me to dissuade Sir Henry Morgan from prosecuting his action,
promising a written acknowledgment from Mingham that his
petition was false and scandalous. Sir Henry, however, resolved
to put it on the country, and the jury has given him 2,000l.
damages. Whereby your Lordships may see how easy it is for us
at this distance to be reproachfully and scandalously traduced to
you, till we are made happy in an opportunity of vindication.
Subscribed, Recd. 2 June 1680. 5 pp. [Col. Papers, Vol. XLIV.,
No. 28, and Col. Entry Bk., Vol. XXIX., pp. 389–396.] |
Feb. 23.
St. Jago de la Vega. |
1303. Governor Lord Carlisle to Secretary Coventry My last
news of you was some months since, but I hope for fresh letters by
Sir Francis Watson. I have given you repeated accounts of the
Assembly's proceedings, so shall not trouble you further with them.
Understanding that the Council has shown resentment of some
passages in my late management of affairs, I have written their
Lordships my reasons and hope that they will be satisfied My last
letter told you how I had displaced Colonel Samuel Long from
being Chief Justice and one of the Council, and putting Colonel
Robert Byndloss in his room, which I judge to be due to him for
his steadiness in loyalty. I have since removed one Captain Samuel
Bach of Port Royal, merchant, an enemy to the Church and supporter
of conventicles in his own house, with Lieutenant-Colonel Samuel
Barry, a stiff member of the Assembly, and in their places have
appointed Lieutenant-Colonel Theodore Cary and Major George
Nedham to succeed as assistant judges of the Supreme Court, of
whose loyalty and good will to the present form of Government I have
had several assurances. I am very anxious for Sir Francis Watson's
arrival and accounts from you that I may take new measures for
my resolutions, for your disorders at home leave us in great
uncertainty here. Their Lordships wonder that I should desire a
supply for the two foot companies, though the muster rolls are
returned full and are so effectively, It is absolutely necessary at
this juncture of the Government, and I took good care that they
should be so by filling the death vacancies, which are many since
my arrival, with free servants and others. These, after experience
of duty and temptation of preferment, are daily importunate for
their discharge, which I would most willingly give them had I
supplies of good artificers from England to put in their places, who
here only live well and improve the Island,—a consideration which
may reasonably lead the King to bear the expense of transporting
them. I have not myself made any profit or received one farthing
of pay from my command of the company, but let my own pay run
in credit upon the King that the payment transmitted may give the
larger satisfaction. |
|
His Majesty's ship Success is irrecoverably lost. I have saved, I
hope, as much of her stores as may discharge the expense of my
attempts to recover her. Captain Johnson, her commander, is a very
diligent and careful man, though unfortunate in this case, from the
unskilfulness of the pilot, and deserves better than to lie under this
disaster. The pilot was tried by court-martial on Saturday and
was ordered to be whipped on board five several ships on three days
one after another, to be imprisoned for twelve months, and to be
incapable of even again piloting a King's ship. Two Spanish
prisoners have lately arrived, seemingly men of some quality, who
were taken prisoners two years and nine months since from Santa
Martha, and even since detained hy the French at Petit Guavos in
Hispaniola. Two of them, the Dean of Santa Martha and a land
captain, I received and dismissed with suitable respect, and permitted
them opportunity of a very good passage home. We meet with no
such kindness from the Spaniards, who lately took a Bristol ship,
called the Trade's Increase, bound hence with sugar, in the latitude of
Bermuda, and made with her for Cuba. She was retaken by an
English sloop and carried to Petit Guavos where I hear that the
Governor had shipped home her oargo, of which I intend to
complain. They pretended that she was retaken by a French
Commission, on which false foundation the French Government has
condemned her. I wrote of this to the Spanish Government of
St. Jago in Cuba from whom I have had satisfactory assurance
of their disowning the Act by seizing the Spanish vessel which
had made the capture on her arrival there, in order to make reparation to the English owners. 3 pp. Endorsed, Recd. 31st May.
Read 10th July 1680. [Col. Papers, Vol. XLIV., No. 29, and Col.
Entry Bk., Vol. XXIX., p. 385.] |
Feb. 24.
Port Royal Jamaica. |
1304. Sir Henry Morgan to Lords of Trade and Plantations.
In obedience to your Lordships' order of 10th October, I transmit
the exemplification of the whole trial, which, with the papers and
depositions will, I doubt not, prove to your Lordships that the
petition of Francis Mingham is false and scandalous, except in the
one fact that the ship was condemned. The petition says that she
was condemned for two casks of brandy; but it was in reality
for two butts of brandy and twenty casks of black cherry brandy
which were plainly kept on board to defraud the customs. Other
statements are equally false. |
|
It is plain that Mingham makes no conscience of swearing falsely,
for he exhibited a bill in the High Court of Justice denying on
oath that he had ever delivered the petition or served me with a
copy of your Lordships' order, and a little later another bill in part
confessing it. There was no malice on my part or Mr. Martin's in
the trial before the Admiralty Court as Mingham falsely asserts,
nor did covetousness enter into the matter. The office of Judge
Admiral was not given me for my understanding of the business
better than others, nor for the profitableness thereof, for "I left the
schools too young to be a great proficient in either that or other
laws, and have been much more used to the pike than the book;
and as for the profit there is no porter in this town but can get
more money in the time than I got by this trial. But I was truly
put in to maintain the honour of the Court for His Majesty's
service," without which the Acts of Navigation cannot be enforced
for it is hard to find unbiassed juries in the Plantations for such
cases. For instance, a ship from Ireland came here with several
casks of Irish soap, and was seized by His Majesty's Receiver.
The case was tried in the Court of Common Pleas, and the jury
found for the defendant with costs. One witness swore that soap
was victuals and that one might live upon it for a month, which the
jury readily believed and found the aforesaid verdict. I beg your
Lordships to believe that if I have erred at all in this matter it has
been in judgment only. May God love me no longer than I love
justice. (Two closely written pages, the signature and date
only in Morgan's hand.) Endorsed, Recd. 23rd June 1680.
Read at Committee, 29th June 1680. Annexed, |
|
1304. i. Declaration of the case Sir Henry Morgan versus Francis
Mingham, containing the libellous petition complained
of. 2 pp. |
|
1304.ii. Francis Mingham's demurrer. 2 pp. |
|
1304.iii. The Defendant's reasons for praying arrest of judgment.
2 pp. (The above all copies.) [Col. Papers, Vol. XLIV.,
Nos. 30, 30 I.–III.] |
| Feb. 25. |
1305. Abstract of letters from Mr. Randolph and Sir E. Andros.
4th January 1679 Randolph writes that on 30th December he
delivered His Majesty's commission for settling New Hampshire
with the seal and Order of Council, into the hands of the President,
Mr. Cutts is a very just and honest man, cast out of all public
employment by the Boston Government, an ancient and infirm
man; the people are afraid that they shall be put under the hands
of strangers. The Bostoners murmur at the great expenses of
their late agents in England, some say nigh 4000l.; grievous
complaints are made by the inhabitants of Maine, who in the
Indian War found more loss attending them by the cowardice and
inadvertency of their church-member-officers than from the cruelty of
the Indians themselves; the Boston Government have laid rates on
Kittery, York, and Wells to above 3,000l., which they cannot pay,
having lost almost all by the late war. The people all the way he
travelled (except New Plymouth) were much unsettled, contending
about boundaries, everyone supposing he had brought orders for
settling their particular colonies. The Boston Government
continues to collect customs and coin money. There is hardly one
child baptized in Rhode Island, none lately in Maine, few in the other
colonies; nothing will be more welcome to the generality than His
Majesty's letter requiring that none be admitted to the magistracy
or freedom but those that take the oath of supremacy, and that
their children be admitted to baptism. Has discoursed with some
inhabitants of Maine, who would in a little time advance so much
money as the Bostoners have given for it, provided they might be
assured of a government settled amongst them, as it was by
commission from Mr. Gorges, distinct from any other place. There
is an absolute necessity of erecting a great council, chosen out of
the chiefest and best of every colony, with a President, to which
men may appeal from the several judicatures of each colony, else
they will never be quiet, nor then for long, till the King send over
a General Governor. A commission for erecting a Court of
Admiralty is absolutely necessary, by reason of several prizes
brought in thither. 6th January: Two persons in the Commission
have very much obstructed the execution of it, Mr. Waldron and
Mr. Martin, who have misrepresented His Majesty's orders; it
would put these men to a stand if they might know that they may
be put out when His Majesty pleased. 7th January: Several
privateers are gone thence to the West Indies and are expected
home in a short time, which makes the necessity of a Court of
Admiralty more urgent. In New Hampshire the Church Party
oppose and abuse the honest party by false reports, and at Boston
they endeavour to debauch the merchants and loyal men, telling
them that their trade will be taken away. 30th December: The
inhabitants of Maine have sent over a petition to His Majesty by
Captain Champernoon desiring to be under His Majesty's Government, heavily complaining that they are bartered and sold from
man to man like slaves in Algiers; the people in New Hampshire
are in general highly satisfied with the Commission. 3rd January
1679–80: The Boston merchants persuade themselves that on
paying 1d. per lb. for tobacco at Virginia they have liberty to carry
it whither they please, and will shortly make proposals to His
Majesty about trade. Before Randolph came into the country it was
reported that the south bounds of Boston should be reduced to three
miles south of Charles River, by which several towns hope to be under
New Plymouth; Rhode Island on receipt of His Majesty's letter
kept court in the Narragansett country, about which there are
contentions concerning government, so that the inhabitants are
molested sometimes by one party, sometimes by another; it would
be far more conducing to the planting that country if it were a
distinct government, it belonging originally to gentlemen of good
estates and quality. Mr. Richard Smith who petitioned His
Majesty for Hog Island now desires to have the matter referred to
New Plymouth, and Rhode Island to be ordered to defend their
pretences. 28th January: Great endeavours had been made to
disappoint His Majesty's Commission, the Boston Government
privately giving all encouragement, and promising to defend their
mutineers at the Council Chamber, when their agents attend His
Majesty. The President and Council had at length taken the
oaths of allegiance and supremacy and entered on the execution of
the Commission, confirming all civil and military officers till further
care should be taken. The Bostoners after all the protestations by
their agents are acting as high as ever, the merchants trading as
freely, no ship or parcel of goods having been seized for irregular
trading, although they did in 1677 make a second law to prevent
it. It is in every man's mouth that they are not subject to the
laws of England, neither are they of any force till confirmed by
their authority. 4th January: It is proposed that all in public
office take the oath of allegiance, and none to act or vote refusing
it, and that all men taking the same be admitted to freedom and
magistracy if of competent estates. Requests some allowance for
his extraordinary expenses. 5th February; Expects to do little
good to regulate the trade till he has an Order of Council that no
ship pass by the Castle without a certificate of clearing from him.
11th February: Necessary to have his authority passed under the
Great Seal of England, and to have added to his instructions to
erect a custom-house for masters of ships according to the statute
of II. Elizabeth to enter their ships and goods and receive their
despatches. If the Commissioners of the Customs write to their
West plantations abroad and to the ports in England to prohibit
trade to such vessels who do not bring a clearing from him or his
deputies in the colonies, it will soon make them comply. His
Majesty may make short work of them by bringing a quo warranto
against them, and then they will beg that on their knees which
now they will not thank him for. There are thousands in all parts
unbaptised. The General Court is up, having done nothing, as he
hears, as to His Majesty's letters. 11th February: Desires that his
commission for swearing the Governor of Boston be restored to
him, and an extraordinary allowance for his winter travels, that the
commission for making him Collector be for life; is certainly
informed that there will be no more agents sent over. 24th
February: Is promised by sufficient merchants there to deposit the
money for the purchase of Maine, and on such terms as it may
be for the benefit of the poor distressed inhabitants. Whatever is
professed at Court by letters or agents is only to baffle and put off
the evil day. There was certainly more difficulty in the commission
of New Hampshire than in a quo warranto. 25th February:
Might have saved the King 10,000 lbs. of goods, had he but his
instructions under the Great Seal. Can expect to do little till his
Majesty's Commission is sent over. It were most proper to convince
the people by some public Act or declaration that they are to obey
His Majesty's commands without the sanction of the Bostoners;
witness the commission under the Great Seal, demurred upon till
known whether it did not entrench on their charter. It would be
for His Majesty's service that a quo warranto were sent over or a
printed declaration that all persons of estates rateable at 10s. on a
single rate, having taken the oath of allegiance shall be, ipso facto,
freemen, and that all such who are already freemen, not having
such an estate, be declared no freemen. 24th February: The
inhabitants of Dover and Portsmouth have not taken the oath of
allegiance, as required in His Majesty's letter of 29th April 1678,
but were continued under tho oath of fidelity to that country.
Desires a commission under the Great Seal, &c. |
|
Sir E. Andros' letters. 14th February 1679, New York: All
continues quiet and well, with hopes of a good trade that year;
intended to go in the spring to Pemaquid to settle the government
there as far as Black Point, which was surrendered by the Indians;
there was no fear of the Indians there, but rather the contrary, the
French of Canada drawing them too much to their devotion, and
inducing as many as they can to remove to Canada, the consequence
whereof may import them much. Ib., 16th February: Has
concluded an honourable peace between the Indians and Christians
of Virginia and Maryland; has repaired and impregnably fortified
the port of New York and the city. 11 pp. [Col. Papers,
Vol. XLIV., No. 31.] |
| Feb. 26. |
1306. Journal of Lords of Trade and Plantations. Business of
Newfoundland resumed (see ante, No. 1300). Agreed that it is
undesirable for the Governor to have further power over the men
belonging to the Adventurers or Sack ships than to send them on
board to their masters; also that Planters be forbidden to keep
buildings, other than necessary for the fishery, orchards or gardens
within a quarter of a mile of the shore, lest the fishery be thereby
disturbed; also that the fortification of St. John's be first undertaken and the King advised to grant guns and ammunition; also
that the mayors of each fishing port in England be directed to
require the journals prescribed by the Western Charter of the
Admirals of their respective harbours, all of the Admirals except
one having failed to comply with this direction; also that, in view
of the abuses pointed out by Mr. Hinton (see below) circular letters
be addressed to the mayors of the western towns directing them to
take effectual care that the Western Charter be observed in all such
particulars as are not superseded by the King's order, also that the
Governor be instructed to report to the Council what has become
of the great guns left by Sir David Kirke. In view of the effect of
the intended regulations of the Newfoundland fishery upon the
King's Customs, the Commissioners of Customs are desired to
inspect the papers and report to the Lords of Trade and Plantations on Monday next, when Mr. Downing will be present to say
on behalf of the inhabitants what contribution they will furnish
for the maintenance of the Governor; the captains of convoys are
also directed to attend at the same time. Sir William Stapleton's
letter containing his negotiation with the Count de Blenac read,
and report thereon considered (see post, No. 1320). [Col. Entry
Bk., Vol. CVI., pp. 134–138]. |
| [Feb. 26.] |
1307. Observations on Newfoundland by William Hinton. The
harbours that are most naturally fortified, best inhabited, and
require least charge to secure, are St. John's, Carbonere, Salvadie,
Ferryland, Renoore, Queue de Vide. The guns and small arms
required for each are specified. A list of "Some proposals offered
for the Governor to observe":—(1) Erection of a place for public
worship. (2) Baptism of unbaptized children. (3) Confirmation
by a minister of marriages not solemnised by a minister. (4)
Preservation of stores left by fishing ships. (5) Care for the proper
curing of fish, that provided by the West Country Adventurers
often proving ill-preserved. (6) Punishment of those drunken
idle people that go into the woods and by taking of tobacco and
carelessly blowing out their coal have many times set great
quantities of wood on fire. (7) Preservation of timber by forbidding the barking of trees. (8) Preservation of cod-fry by
forbidding the unseasonable use of "Lant" seines. (9) Preservation
of stages, boats, &c., and provision that the stages of the West
Country Adventurers that cannot be left standing during the
winter owing to the ice, be taken down before the departure of
the ships. (10) Prohibition of throwing press-stones or ballast
into the harbours. (11) Prohibition of tippling houses without
the Government's license. (12) The Council to consist of six
inhabitants only, with the captains of the King's convoys during
the fishing season, and the Admiral and Rear-Admiral of the
harbour if they choose to come. (13) Public Acts to be registered
and sent home annually. (14) Possessions of the Inhabitants to
be respected, and the fishing room not used by them to be freely
enjoyed by the West Country Adventurers. (15) Equal justice
and good friendship to be maintained between the fishermen, the
inhabitants, and the west country fishermen. (16) Endeavours to
be made to retrieve the beaver trade now carried on by the French
owing to English ill-treatment of Indians. (17) No impost to be
laid on west-country fishing ships. (18) Masters of west-country
ships to be forbidden to send their men to New England, as is
frequently done to save the expense of their passage home, whereby
the King loses many able seamen. (19) Due care to be taken that
the King's duties be paid on goods brought from foreign countries,
salt excepted. (20) Enquiry to be made what became of the great
guns left by Sir David Kirke. (21) Inhabitants to be forbidden to
build or plant orchards on any ground where tish may be cured
or dried. Signed, Will. Hinton. 2 pp. Endorsed, "Read 26 Feb.,
1679–80." [Col. Papers, Vol. XLIV., No. 32.] |
