America and West Indies: December 1680

Pages 635-641

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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December 1680

[Dec.] 1609. "Mr. Penn's boundaries settled by my Lord C. J. North." Draft of a complicated clause as to the eastern and northern boundaries, evidently designed to meet Sir J. Werden's objections (see ante, No. 1603). ½ p. [Col. Papers, Vol. XLVI., No. 60.]
Dec. 7. 1610. Order from the Admiralty to Captain John Ashby, of H.M.S. Constant Warwick. To receive Sir Richard Dutton with his four-and-twenty servants on board and transport them to Barbadoes, touching in the passage at the Madras [sic. ? Madeira] or such other places as he shall direct, and continuing there for such time as he shall desire, not exceeding four days. Copy. 1p. [Col. Papers, Vol. XLVI., No. 61.]
Dec. 8. 1611. List of Particulars delivered to Sir Richard Dutton, 8th December 1680. (1.) A circular letter from the Lords of Trade and Plantations. (2.) Heads of Inquiry. (3.) Copy of a letter formerly sent to the Governor and Council of Barbadoes. (4.) Letter from the King of 9th November 1680 concerning the entry of goods. (5.) A duplicate of Mr. Blathwayt's patent for the post of Auditor in the Plantations. (6.) King's letter concerning that patent. (7.) Letter from Lords of the Treasury concerning the same. (8.) Instructions to Governor Stapleton for commuting the 4½ per cent. duty. [Col. Papers, Vol. XLVI., No. 62.]
Dec 11 1612. Memorandum to Sir Henry Morgan for his guidance in passing the Bills transmitted to him by the King. Militia Bill: Clause providing that nothing in the Act be construed as altering or abridging the power of the Governor and Commander-in-Chief. This Clause was agreed on by the Committee of Trade and Plantations after consultation with the Attorney-General and was acquiesced in by Colonel Long and the other gentlemen of Jamaica. Bill for regulating the Courts of Justice: Clause enacting that all Judges of all Courts shall, in criminal matters and matters concerning title or property, proceed according to the laws now made or hereafter to be made in England, except where otherwise provided by the laws of Jamaica; the words criminal matters—property altered to matters concerning title of land and property of goods and all matters of treason, felony, and petty larceny. This amendment was agreed to upon very serious consideration and must not be altered. Also, a proviso, that no English statute should apply to Jamaica until two years after the passing thereof or promulgation thereof in the Island, was wholly struck out. The Act concerning Ministers: The sum of 60l. was altered by the Committee to 80l., the former sum appearing too small for the maintenance of any minister. Bill for the more speedy collection of quit-rents: A clause providing for the application of quit-rents to defrayal of the expenses of the Government of Jamaica was agreed on in lieu of that in the Bill transmitted to Lord Carlisle. Draft, with corrections. 2½ pp. [Col. Papers, Vol. XLVI., No. 63.]
[Dec.] 1613. Rough draft of foregoing memorandum, containing some small differences of language only. 2 p. [Col. Papers, Vol. XLVI., No. 64.]
Dec. 13.
1614. Journal of Lords of Trade and Plantations. In reference to several papers lately received from Virginia containing the laws lately passed there and the proceedings of the Assembly, also two letters of 9th July and 20th August last from the Secretary of Virginia, also a request of the Assembly for a cessation from planting tobacco in 1681, and information of a mutiny like to happen in one of the foot companies sent over by His Majesty. Agreed that the letter be submitted to His Majesty in Council and debated whether their Lordships shall defer the consideration of the other papers until Lord Culpeper's arrival, who is said to be landed in Ireland.
Agreed that further orders be given for the transmission of returns of exports and imports.
Laws of Barbadoes considered. [Col. Entry Bk., Vol. CVI., pp. 237–239.]
Dec. 14. 1615. Warrant of the Commissioners of the Admiralty to Captain Crow, commanding His Majesty's yacht Merlin. To victual Sir Richard Dutton's servants while on board the Merlin in the same manner as the ship's company. Copy. [Col. Papers, Vol. XLVI., No. 65.]
1616. General account of the commodities imported to Barbadoes from 14th September to 14th December 1680. Signed by Abraham Langford, Clerk of the Naval Office. [Col. Entry Bk., Vol. X., No. 4.]
Dec. 15.
1617. Order of the King in Council. Referring to the Lords of the Treasury two letters from the Secretary of Virginia to the Earl of Sunderland, dated 9th July and 20th August last, touching a cessation from planting tobacco for the year 1681, for their report thereon. [Col. Entry Bk., Vol. LXXX., p. 399.]
Dec. 16. 1618. Journal of Lords of Trade and Plantations. Lord Carlisle, Colonel Long, Mr. Beeston, and other Jamaica gentlemen attended upon a paper presented by them containing particulars of the government of Jamaica, which was taken into consideration (see Report on these proposals No. 1622).
Mr. Penn is called in concerning the patent desired by him, and upon reading the letters from Sir John Werden touching the boundaries wherein the Duke of York is concerned, their Lordships order that, for the settlement thereof, Sir John Werden attend them on Saturday next, at which time Lord Baltimore's agent is likewise ordered to attend on behalf of his Lordship's propriety of Maryland. [Col. Entry Bk., Vol. CVI., pp. 239–243.]
Dec. 16. 1619. William Blathwayt to Richard Burke. The Lords of Trade and Plantations have appointed the 18th instant as the day whereon they will hear the exceptions of Lord Baltimore's agents against the draft of Mr. Penn's patent, and you are therefore desired not to fail to be in attendance on that day at 4 p.m., their Lordships being resolved to proceed to a resolution on the matter.
The same to Sir J. Werden, desiring his attendance at the same time. Drafts, both on one page. [Col. Papers, Vol. XLVI., No. 66.]
Dec. 16.
1620. Memorial of the Dutch Ambassador to the Court of England. Is ordered by the States General to reiterate the demands made in his former memorial of 11/21 October 1679 (ante, No. 1143) for the restitution of St. Eustatius and Saba, having reason to believe that in the course of thirteen months the King must have received an answer from his Governor on the spot, and no doubt that on this reiteration of the demand His Majesty will give a favourable reply. Signed D. v. Leyden de Leeuen. Copy. Endorsed, Recd. and read at the Committee of Intelligences 19 Dec. 1680. To be referred to the Committee of Plantations to report the state of these matters to the King. Read 15 Jan. 1680–81. The original returned to Mr. Secretary Jenkins with the Order in Council. French. 1½ p. [Col. Papers, Vol. XLVI., No. 67.]
Dec. 17.
1621. Deposition of Joseph Harris, master of the ship Agreement of Youghal. Left Nevis roads on his passage from Youghal to New England, 8th August. On 15th August sighted a ship in lat. 25° 30' N. standing towards him; lay to till she came up, when she immediately fired a great gun, shotted. Lowered topsails, and by order of the ship went on board her with three hands and found her to be a Spanish vessel of ten guns and twelve patararoes and sixty men. Deponent and his three men were detained on board while the Spaniards sent a party on board the Agreement and ransacked it, taking whatever they pleased. Two other parties also went on board, and took away from the cabins all that was worth carrying to the value of 100l., and all the victuals, except one half barrel of beef. They then sent deponent on board his ship and sailed away.
Deposition of John Rolfe, seaman, who was one of those that went aboard the Spanish ship with Harris, confirming his statement.
Deposition of John Richman, seaman of the Agreement, confirming Harris's statement in every particular. The Spaniards ransacked everything, in cabins and hold alike, and carried off even the men's clothes, and though some begged a shirt of them, answered only by drawing their swords. The Spanish ship had a lion in the stern, and is supposed to be the Lion of Havanna. All three depositions sworn before Sir W. Stapleton, and attested by him in his own hand. Endorsed, Recd., 17 Oct. 1681. 2½ pp. [Col. Papers, Vol. XLVI., No. 68.]
Dec. 18.
Council Chamber.
1622. Report of Lords of Trade and Plantations to the King, on the proposals of the merchants and planters of Jamaica (see ante, No. 1575). (1) It is desired by the merchants that the Chancellor of Jamaica be empowered to cause stay of execution if the creditors of Jamaica, upon the lessening of the interest or the regulation of the negro trade, shall violently prosecute the planters; yet with the proviso that the debtor pay as much as possible without breaking up his estate, and that the creditor receive the interest from the country for his forbearance. Also that, if thought best, an Act be passed in Jamaica to enable the Chancellor, such Act to be in force for one year only. In answer hereto, we do not think it consistent with justice or the good of the Island that any such Act or Order should be made, especially since the African Company, which is the principal creditor, will be prejudiced thereby without its own consent, contrary to the existing agreement with the Planters, and would be discouraged from sending further supplies of negroes to the Island. The proposal is also repugnant to Order in Council of 12th November last, which regulates the number and prices of negroes that are to be sent yearly by the Company to Jamaica, and the forbearance to be allowed to debtors. We think that the best course would be for us to recommend the case of the planters by letter to the African Company, informing them that it would be pleasing to your Majesty, encouraging to the planters, and hence to the Company's advantage that they should not be over-hasty in calling in their debts, especially from such as cannot now pay without breaking up their plantations. (2) We offer no opinion whether a Governor should combine in his sole person the authority of Chancellor, Ordinary, and Admiral. (3) As to the question of appeals from the judgment of the Supreme Court of Jamaica, with special reference to the case of Francis Mingham, we think it is fit that appeals should be permitted from all the Courts of Jamaica to the Governor and Council on civil causes (at the hearing whereof any three or more of the Judges of the Supreme Court are to be present), provided that the value appealed for exceed 100l., and that the Appellant give security for such costs as shall be awarded if the original sentence be confirmed. If the Appellant be unsatisfied with the judgment of the Governor and Council, he should then be at liberty to appeal to your Majesty in Council, on making good the proviso requisite in the first appeal. In this case execution shall not be suspended by reason of such appeal to your Majesty. We recommend, therefore, that the Governor be directed to settle this method in Jamaica by the best means he can. (4) On the suggestion that the Supreme Court of Jamaica should have a seal, to be kept by the Chief Justice, under which the Courts at Westminster may if necessary be certified of any proceedings, we would observe only that no such seal is appointed for other Plantations, and that the public seal may be used if necessary. (5) We see no reason to alter that part of the Commission and Instructions to the Governor, whereby a suspended Councillor is declared incapable of election to the Assembly, nor that part which gives power to transport men from the Island. (6) Upon the suggestion that the inhabitants be allowed to raise money to pay their solicitors here in order that a true account may be given to the Court of affairs there, we think that the Governor should be empowered to consent to a law for raising money for the better carrying on the solicitation of the public affairs in England, provided that such levy do not exceed 300l. yearly. If the Governor do not think fit to agree to such a law, the persons concerned may be permitted to make voluntary contributions for the same object, provided that such contributions do not exceed 300l. in any one year, and that if any complaint be intended against the Governor, notice thereof be immediately given to him, together with a copy of the charge against him. The questions concerning the Admiralty and the restraint of privateers we have referred to Lord Chief Justice North and Mr. Secretary Jenkins for their report. Signed, Clarendon, Bath, L. Jenkins. 5½ pp. [Col. Papers, Vol. XLVI., No. 69.]
Dec. 30. 1623. Warrant from the Commissioners of the Admiralty to Captain Ashby of H.M.S. Constant Warwick, to convoy the merchant ship laden with Sir R. Dutton's baggage to Barbadoes. [Col. Papers, Vol. XLVI., No. 70.]
Dec. 30.
1624. Deposition of Robert Oxe, master of the ship Laurel of London. Deponent being on a voyage in the bay of Campeachy sent, on Sunday 2nd May 1680, his barque of about 35 tons into the lagoon of "Treece" (Trist) to fetch a pilot aboard, and next day stood in to pick him up. In the evening saw a sail; sent the pinnace to meet her and found her to be a Spanish frigate in chase; on learning this from the pinnace, fired a gun to warn James Browne, master of the pink Recovery who waited for deponent until he came up. That night made sundry attempts for the said Browne, slipping anchor and cable for his assistance, until Browne was forced to let slip both anchors and cables and be taken in tow of the Laurel. On the 6th May the Spanish frigate, with two more Spanish men-of-war, came up with them. Cast loose the pink and took Browne and his men on board. The Spanish fought him for four or five glasses and then ran ahead and took the pink. All this while the barque sent into Trist had been, unknown to deponent, taken by the Spaniards. Stood in that night to the river of St. Peter and St. Paul for water and stood out off the Bay until forced to go to the Cays of Yucatan for water. Then was surprised by the Spaniards at night when most of his men were ashore. The Spaniards killed two men and cruelly treated the deponent, hanging him up at the fore braces several times, beating him with their cutlasses, and striking him in the face after an inhuman cruel manner. After taking his ship and cargo worth 5,000l., they turned him with eight hands into a canoe for the Cays of Turrinife (sic) with only two days' provisions, where he lived fifteen days before any relief came. The Spanish captain slighted Lord Carlisle's pass, flinging it from him and boasting that deponent's was the twenty-second ship he had captured that summer. They said that they would come to Jamaica too presently, and that they had taken five hundred English prisoners, which they ordered for "Laverrecruise" [Vera Cruz]. Signed, Robert Oxe. Inscribed, Sworn before the Deputy Governor and Council 30 December 1680. (Signed) Rowland Powell, Cl. Council. "Recd. 19 April [1681] from the E. of Carlisle. 1 p. [Col. Papers, Vol. XLVI., No. 71.]
Dec. 1625. A list of several ships of goods seized in the King's name, by Edward Randolph, His Majesty's Collector in Boston, Salem, Piscataqua, and the province of Maine, between the 16th March and the 20th December 1680. Seven ships, two lots of goods, and one man seized, the man being Peter Lawrance, master of the ship St. John of Dublin, for, among other offences, "firing a shot at His Majesty's jack." 2 pp. [Col. Papers, Vol. XLVI., No. 72.]
Dec. 1626. The case of the ship Virgin, taken by the Spaniards in the West Indies in May 1673. A succinct history of the case down to the final reference thereof to the Committee of Trade and Plantations by Order in Council of 17th November. Printed. 1 p. [Col. Papers, Vol. XLVI., No. 73.]