America and West Indies: May 1682

Calendar of State Papers Colonial, America and West Indies: Volume 11, 1681-1685. Originally published by Her Majesty's Stationery Office, London, 1898.

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, 'America and West Indies: May 1682', in Calendar of State Papers Colonial, America and West Indies: Volume 11, 1681-1685, (London, 1898) pp. 226-242. British History Online [accessed 21 May 2024].

. "America and West Indies: May 1682", in Calendar of State Papers Colonial, America and West Indies: Volume 11, 1681-1685, (London, 1898) 226-242. British History Online, accessed May 21, 2024,

. "America and West Indies: May 1682", Calendar of State Papers Colonial, America and West Indies: Volume 11, 1681-1685, (London, 1898). 226-242. British History Online. Web. 21 May 2024,

May 1682

May 2.
489. Deposition of Edward Randolph. As to the refusal of Mr. Nowell, a magistrate, to allow his patent to be read in Court at the prosecution of John Endigott and John Curtis, of Boston, under the Acts of Trade. Copy in Randolph's hand and signed by him. Inscribed. Read at a Court held at Boston 2nd May 1682, but my oath not taken though I pressed it. E. Randolph. 1p. Endorsed. Rec. 23 Nov. 1682. [Col. Papers, Vol. XLVIII., No. 66.]
May 3. 490. Minutes of Council of Virginia, Present:—Sir Henry Chicheley, Lieutenant-Governor, Colonel Nicholas Spencer, Colonel Nathaniel Bacon, Major-General Robert Smith, Colonel Joseph Bridger, Colonel Philip Ludwell, Colonel Rom. Cole, Ralph Wormeley, Colonel Richard Lee, Colonel John Curtis, Colonel Matthew Kemp. On intelligence of the rising in Gloucester County, ordered that Colonel Matthew Kemp use all endeavours to suppress it by force. Order to detain the ship Augustine, Captain Zachariah Taylor, till further orders, that letters may be sent to England. Ordered that Colonel Kemp order Lord Culpeper's company to their arms to-morrow. Proclamation against riots. Orders for the commanders of garrisons to send their men to Middle Plantation on 18th inst. to receive their pay according to the King's command; and for directions to the commanders of the various counties to call out the militia to suppress riots. [Col. Entry Bk., Vol, LXXXIV., pp. 116–118, and p. 143.]
May 3.
491. Proclamation of Sir Henry Chicheley, Lieutenant-Governor of Virginia, prohibiting all tumultuous and riotous meetings in consequence of the disorder of the inhabitants of Gloucester County, who have invaded several properties and cut up all the plants and plantations. Copy. Certified by Lord Baltimore. 1 p. [Col. Papers, Vol. XLVIII,, No. 67.]
May 7. 492. Minutes of Council of Virginia. Order passed unanimously for the arrest of Robert Beverley, who has evidently been mainly instrumental in causing the present disorders. Major-General Smith to see that he be secured and committed to custody on board the ship Duke of York in Rappahannock river. On another page this order is dated 9th May. [Col. Entry Bk., Vol. LXXXIV., p. 119 and p. 123.]
May 8.
493. Sir Henry Chicheley to the King. I have to report the outbreak of an insurrection in Gloucester County. There being a large river and fifty miles of country between the rioters and me the news did not reach me for three days. We then took our measures. I suppose it is the Burgesses, big with thoughts of a cessation and yet unexpectedly prorogued, who have blown this coal which hath inflamed the people (see following abstracts). Rec. 14th June. [Col. Entry Bk., Vol. LXXXII., pp. 65–66.]
May 8.
494. Sir Henry Chicheley to Sir Leoline Jenkins. I am heartily sorry to have to report to you a rising in Gloucester county, where twenty or more parties have forcibly cut up the tobacco plantations. [Repeats details given in succeeding abstract.] The cause of the rising I take to be this. Lord Culpeper adjourned the Assembly when here to the next 15th February, when it was prorogued to January last. Next month Mr. Bacon wrote to me part of Lord Culpeper's letter, bidding me call the Assembly some time in April, by which time Lord Culpeper's return was expected. I heard not a word myself from any public minister until near the middle of April. At the beginning of March I issued writs to convene the Assembly, most unhappily, for by the time I received the King's Order not to permit it to sit the members were already on their way to James City, and it was therefore too late to prorogue them when they met. They came big with the expectation of enacting a cessation of tobacco planting, which the most, though not the wisest, of them thought the only expedient to advance the price of tobacco. By advice of the Council I submitted to them the alternative proposed by the King to take the foot companies into the pay of the Colony, but they delayed their answer for four days on various pretexts, at the close of which they were prorogued till 20th November next. But before their prorogation, as I since understand, they voted that their journal should be publicly read by their Burgesses when they got home to their respective counties; and you will see by the perusal thereof how the people became inflamed, while the soldiers, by abridgment of their pay, became more inclined to mutiny than to serve the King. I cannot quite get to the bottom of the rising yet, nor discover the ringleaders. Signed, Hen. Chicheley. 1¼ pp. Endorsed. Recd. 14 June 1683. [Col. Papers, Vol. XLVIII., No. 68, and Col. Entry Bk., Vol. LXXXII., pp. 66–69.]
May 8.
495. The Secretary of Virginia to Sir Leoline Jenkins. I have bad news to write. Not only is the peace of the Colony endangered by unruly and tumultuous persons, but at present it is suffering much from a combination of many inhabitants of Gloucester county. They have entered into a resolution to force a law of their own wills that no tobacco should be planted this year. To effect this the more readily they began operations on the 1st of this month by cutting up their own plants, and thence proceeded from plantation to plantation, telling the planters that if they were unwilling to have their plants cut up they would create willingness in them by force. In an hour's time they destroy as many plants as would have employed twenty men for a whole summer to bring to perfection. These outrages were in progress near three days before the Lieutenant-Governor had any intelligence thereof. The Council, which was sitting in General Court at Jamestown, at once issued proclamations to restrain such proceedings, and, to make them the more effectual, sent Colonel Kemp, of the Gloucester Militia, a Councillor and a worthy gentleman, with orders to march with such a force of horse and foot as might be necessary to suppress the mutineers. The 5th instant he marched with a party of horse, came upon a party of two and twenty of the mutineers, surrounded them with his troops, and took every one of them in the very act of destroying plants. Two of the principals, incorrigible rogues, are committed, the rest submitting and giving assurance of good behaviour, were remitted. I hope that by this time other parties of the mutineers may have been reduced, though it is to be feared that the contagion will spread. We received news to day that the county next adjoining, New Kent had broken out into the like spoiling of plants, and have taken the same measure of sending the militia to suppress it. Lest the infection should spread further, orders have been issued to the commanders of the militia in each county to provide a party of horse to be in continual motion, by which vigilance we have some hope that the growth of the insurrection may be prevented. I should have no doubt of it, did I not know that the necessities of the inhabitants, owing to the low price of tobacco, have made them desperate, and caused them to resolve on a law of cessation of their own making. But it is to be feared that the mere destruction of tobacco plants will not satiate their rebellious appetites; if they increase, and find out the strength of their own arms, they will not keep themselves within bounds. The two companies of the King's troop are on the eve of disbandment, and aware that they are appointed to be disbanded on the 1st April and to receive no pay after that day. They are therefore so far from being an assistance at the only moment when they have been wanted since their arrival, that their mutinous temper doubles our apprehensions of evil events. Had not the ship which brought the money for them been long wind-bound, and unusually delayed in her passage, the King's troops would have been paid off before this present outbreak. The soldiers' quarters are now accounting for, and the soldiers and landlords will day after day be paid off and disbanded, and the country thus freed from the danger of their mutinous demeanour.
The King ordered the disbanding of those companies unless the Colony would continue them at its own expense. The Assembly met five days after the arrival of this order, having been summoned by Sir Henry Chicheley near forty days before the arrival of the ship Concord, which brought the Royal Order forbidding an Assembly to be held till the 10th November, by which date Lord Culpeper was expected to return. The Lieutenant-Governor communicated to the Assembly these two orders, on which the Council agreed that, though the Assembly had been convened without the advice of one of its members, yet it should be permitted to sit to decide the one question, whether the companies should be continued at the Colony's expense or not. The House of Burgesses spent several days over this without giving further answer than to desire every day time to come to a resolution, its real object being to gain time to carry on other imaginations, and in particular the question of a cessation, for which it had been particularly summoned by the importunate motions of Robert Beverley, its too active clerk. He being no less busy within the House after its meeting, it was decided to prorogue it on 27th April until the 10th November, whereby the selfish purposes of many, and in particular of Beverley, were frustrated. He has a large stock of tobacco on his hands, and it is vehemently suspected that it is he who has instilled into the multitude the idea of cutting up the plantations in order to accomplish his design of stopping further planting for the year. Signed, Nicho. Spencer. 2½ pp. Endorsed. [Col. Papers, Vol. XLVIII., No. 69, and Col. Entry Bk., Vol. LXXXII., pp. 69–74.]
May 10.
496. The Lords Proprietors of Carolina to the Governor and Grand Council. We communicate to you a review of our fundamental constitutions, with the following additions. The Constitution of 1669 appoints the eldest of the Proprietors to be palatine and the next eldest to have their choice of the other seven great offices; but as many of our proprietors have since sold their proprietorships (for which no provision was made in 1669), and many inconveniences may result therefrom, we have appointed 1, That he who has been longest a proprietor shall succeed to be palatine after the decease of those who were proprietors in 1669, and leave their choice of the seven great offices (sic) till after the year 1700, when the power of disposing of proprietorship ends. 2. By the former constitutions the Assistants of the Colleges were chosen into the Grand Council. In future he that has been longest an assistant of any of the colleges, and of the same degree or choice of him that is removed or dead, shall succeed to the Grand Council. 3. In future the Council is to be at liberty to propose all such things as it pleases to the parliament. 4. If the majority of the juries of the counties shall present a thing as necessary to be passed into a law and the Grand Council do not in convenient time propose it to the parliament, that it shall be lawful for any of the Chambers to propose it to the house. 5. Lords Proprietors may in future remit rent under agreement. Signed Albermarle, Craven, Shaftesbury, P. Colleton, Jno. Archdale (for Thos. Archdale), Bathe (for Lord Carteret). [Col. Entry Bk., Vol. XX., pp. 176–178.]
May 10. 497. Instructions to Maurice Mathews or the Surveyor-General of Carolina. 1. The 12,000 acre plots may be run out with unequal sides if necessary. 2. When the side-lines of Berkeley county are laid down, you will lay one to the north of it, Craven county, five squares to the sea, and eight squares deep, and another county, to be called Colleton, to the south, of the same dimensions. You will receive 150l. for each. 3. In no county shall more than four squares be taken up by caciques or by landgraves, nor more than eight by proprietors, nor more than twenty-four by the people; but in no case shall less than twenty-four be left for the people. 5. Landgraves may take up land by their agents. 6. Persons entitled to land by importing servants may choose their blocks. People entitled to less than 12,000 acres may have a frontage to a navigable river equal to the depth of the block from the river; those with 12,000 acre squares may have one side of river frontage. 7 to 9. Additional instructions as to water frontage. 10. No land is to be set out over thirty miles south of Stone River, nor over fifty miles north of Ashby River. Provisions for building a town on the Edisto, twenty miles above the head of the Ashby. Signed as the preceding. [Col. Entry Bk., Vol. XX., pp. 179–184.]
May 10. 498. Instructions to Joseph Moreton, Governor of the Province South and West of Cape Fear. Clause 8. No Indian is to be sent out of Carolina on any pretence whatever. 9. Nor to be enslaved or injured in any way. 10. Commission of 17th May 1680 for deciding disputes between Indians and English annulled, as tending rather to oppression than protection of Indians. A great many clauses deal exclusively with land grants, recapitulating the rules given in the previous abstract. In all 30 clauses. Signed, Craven, Shaftesbury, P. Colleton, Bath (for Lord Carteret). [Col. Entry Bks., Vol. XX., pp. 184–194, and Vol. XXI., pp. 1 seq.]
May 10. 499. Commission from Lord Craven to Henry Woodward to explore the unknown county of Carolina, 1 p. [Col. Entry Bk., Vol. XX., p. 207.]
May 13.
500. Declaration of the Protestants of Maryland that the charges against Lord Baltimore of ill-favour towards Protestants are false. Half the Council are Protestants, the commanders of militia are mostly Protestants, and so with all other places of honour and trust. Twenty-five signatures. Large sheet. Copy. [Col. Papers, Vol. XLVIII., No. 70.]
May 15.
Port Royal.
501. Minutes of Council of Jamaica. Sir Thomas Lynch, who arrived yesterday, took the oaths and assumed the administration of the Government. Order for all officers to continue in the execution of their duties. [Col. Entry Bk., Vol. XXXVI. pp. 1, 1a.]
[May.] 502. Minute of William Blathwayt covering an extract from Sir William Stapleton's letter of 25th March (see ante, No. 447) respecting the curiosity of the French Governor as to the fate of the Treaty of Neutrality. This is written on a copy of the Order of Council of 13th June 1679 and of a report of the English negotiators, Lord Anglesey, Lord Bridgewater, and Secretary Coventry of 18th October 1679, telling of the failure of their negotiations. Stapleton's letter was received on 16th May. 3 pp. Endorsed. [Col. Papers, Vol. XLVIII., No. 71.]
May 18. 503. Commission from Lord Craven appointing Joseph Morton Governor of the part of Carolina lying south and west from Cape Fear. 1 p. [Col. Entry Bk., Vol. XX., p. 206.]
May 18. 504. Blank Commissions sent by Lord Shaftesbury and Mr. J. Archdale, appointing their deputies in Carolina, that of the latter being Daniel Axtell. [Col. Entry Bk., Vol. XX., p. 208.]
May 18. 505. Clement Hill to Richard Gardner. Going on board Captain John Eaton's ship just now we have certain intelligence of an insurrection in Virginia. The tobacco plantations of three or four counties have already been cut up, and it seems likely that the same will follow in other countries, so that it is thought that there will be no tobacco planted this year. The Governor has issued a proclamation, but as I understand with no great effect; and it is feared that the rioters will not stop at plant cutting. Signed, Clement Hill Copy. ½ p. Inscribed, "From Maryland." [Col. Papers, Vol. XLVIII., No. 72.]
May 18. 506. Duplicate of foregoing. [Col. Papers, Vol., XLVIII., No. 73.]
May 18.
507. Lord Baltimore to Sir Leoline Jenkins. I was alarmed about three days since by a letter received from Captain William Diggs, one of the Council here, reporting riots in Virginia, which I sent to Lord Anglesey. My uncle, Philip Calvert, being at my house yesterday there was brought to him in great haste the enclosed letter from William Stevens, another of our Council, who, on the 13th instant, went over to Cherry Point, Virginia, on business and there heard of a rebellion not unlike Bacon's. I send you Steevens's letters in case you should not have heard from Virginia. My own apprehensions are so great that I have ordered all my officers on Potomac side to be ready with horse and foot to prevent the landing of any of that rabble, and have sent to learn the truth from Secretary Spencer and to assure him of my readiness to assist him, for I may be able to furnish some few men, if things be as bad as they are reported to be. There was an Assembly in Virginia last month but nothing came of it though they hoped for a cessation of planting, and since then there have been nothing but tumults. Sir Henry Chicheley wrote to me last November telling me of the general desire for a cessation, and I answered that I perceived the same desire here, but would not join him in and such thing unless I have assurance under his hand and Mr. Spencer's that such was the King's pleasure. For I remember an Order in Council of 5th November 1664 expressly forbidding anything like a cessation. I hnve heard nothing from Sir Henry Chicheley since. These disturbances make me wish that Lord Culpeper were settled in his government, for until then I expect no certainty of peace and quiet.
The news from Virginia has greatly troubled me, though I have a still greater affiction in the King's letter of 8th February, wherein I find myself to my great grief under his royal displeasure. I still hope to show by a petition by that ship that though I have transgressed, my fault was not wilfully committed, but due to a wilful concealment by the Surveyor and Controller here of their instructions from the Commissioners of Customs, and of the Order of 16th February 1681, which I protest before God that I never had sight of. Let me explain. Some time last year, after Christopher Rousby, the King's Collector, had left for England, there arrived here a vessel from Poole, Alexander Dennet, master, and another from Liverpool, one Tarlton, master. Both brought certificates of bonds given in England to transport tobacco to Ireland. There was also one Shepherd, commander of the St. George of London, with the like certificate, who arrived some time before the two former. Nicholas Badcock, the King's controller and surveyor, came to me and said that Dennet and Tarlton refused to pay the penny a pound duty unless he would give them security to bear them harmless to their owners; he never told me that he had demanded the same of Captain Shepherd as he ought to have done, likewise to have demanded my assistance to compel Shepherd as well as the others, for which last I admit that he pressed for my assistance. I asked him if he thought Dennet's and Tarlton's certificates good according to law, he replied that he thought they were. I then asked him whether he thought the King's customs were not thereby secured, and he answered yes, but told me that by a recent Act masters with certificates for Ireland were subject to the penny a pound duty unless they gave fresh bond here. After further questions he told me that he thought the Act of Navigation of 12 Car. II. was once more in full force; and then I told him that in that case I saw no reason to require the penny a pound; but he rejoined that under another Act that duty was due. At such a contradiction I asked what instructions he had from the Commissioners of Customs, to which he answered rudely and scornfully that he knew his business and that I should find that he was right. Finding him too haughty and positive I told him to meet me next day at the Chancellor's, Philip Calvert's. The Secretary was also accidentally present when I spoke to him about the matter, but this was not the Council, nor did I haul him before the Council as he falsely asserted. After discussion of the matter the Chancellor, knowing like myself nothing of the Order in Council, thought that I was right. I then asked Badcock what made him so confident in his opinion; for he began to be very high and talk of complaining to the Commissioners if I asked for his instructions, and I solemnly declare that he never made mention of any instructions nor of the Order in Council of February 1681, which he had by him, but would not produce to me. It is evident to me and to others here that he designed to ensnare me, for if he had given the least hint of instructions or Order in Council, I should never have dreamed of obstructing the King's orders. Neither Badcock or Rousby let me have a sight of either, nor did I ever see the Order in Council until some months after Badcock's death. I never had any notice of it until I received it from the Commissioners last December. And to this I am prepared, if necessary, to make oath before Secretary Spencer. Ignorance of the instructions of the Commissioners of the King's Order in Council is really the whole of my fault. The King's letter reached me with the seal broken. Three closely written pages. Duplicate. Endorsed. Annexed,
507. I. William Stevens to Philip Calvert. When I came to Cherry Point I was informed that some persons had begun to cut up their own plants, and some those of others. Sir Henry Chicheley had issued a proclamation. It is said that his house is burnt down. Major Beverley is arrested. It is also said that the red coats are disbanded and in some discontent. Things look ill. Our laws should be published with all haste. Signed, Will. Stevens. 16 May 1682. Holograph. 1 p. Addressed.
507. II. The same to the same. Since writing the foregoing, I have seen Sir Henry's proclamation and orders. Without stern measures this will be but a little water on the fire. I am still of the same mind as to publication of the law. Signed, W. S. 1 p. An almost illegible scrawl. [Col. Papers, Vol. XLVIII., Nos. 74, 74, I., II.]
May 19. 508. Minutes of Council of Virginia. Order for the committal of Stephen Tarleton and Charles Bostwicke of New Kent to custody for inciting to riot until they find security for good behaviour. [Col. Entry Bk., Vol. CXXXIV., p. 123.]
May 20. 509. Lord Shaftesbury to the Governor and Council of Ashley River. Mr. William Read has purchased Dalton's plantation of Dalton's heir. Pray give him quiet possession. [Col. Entry Bk., Vol. XX., p. 197.]
[May ?] 510. Lords Proprietors of Carolina to Governor and Council of Ashley River. Mr. John Smith has purchased ten thousand acres of land. The conveyances are not ready to be sent by this ship; but give his agents assistance in choosing the land. Signed, Shaftesbury, Craven, P. Colleton. [Col. Entry Bk., Vol. XX., p. 197.]
May 22.
511. The Council of New Hampshire to Lords of Trade and Plantations. Forwarding quarterly returns of the proceedings of Council and Assembly. Signed, Richard Waldern, President, Elias Stileman, Richard Martyn, William Vaughan, Thomas Daniel, Christopher Hussey, Richard Chamberlain, Secretary. ½ p. Endorsed. Recd. 8 Aug. 1682. [Col. Papers, Vol. XLVIII., No. 75, and Col. Entry Bk., Vol. LXVII., p. 70.]
May 22. 512. Duplicate of foregoing, with second date 21st August 1682. Enclosed,
512. I. Proceedings of the President and Council of New Hampshire since the transmission in October 1681. The Council met at Portsmouth, 22nd November 1681. Agreement signed for a highway from Mr. Vaughan's tan yard to Bloody Point. Trial of Christopher Keneston for theft. Ordered that a warrant be issued for the arrest of all persons on the constable's list who have the war-rates in their hands and fly out of the country.
General Assembly at Portsmouth. 7th March 1682. Trespass action of Abigail Ellins against George Walton. Thomas Thurton was accused of abusive and contemptuous language against the Council, saying that they were rebels against the King for denying his letter under the broad seal, that they were a parcel of cursed rogues and that he hoped to see them all hanged before he was much older. Sentenced to be imprisoned for a month; and if he pay not a fine of 20l. within that time and 2l. 18s. 6d. costs, to be sold. The Treasurer is hereby empowered to sell him. Adjourned to 9th March, unless earlier summoned.
7th, 8th, and 10th March 1682. The case of Walter Barefoot, William Hoskins, and Thomas Thurton (see ante, No. 430). 10th March. Phesant Eastwick excused from military training being a physician. John Roberts, Head Marshal, resigned his office. Henry Dow appointed Sole Marshal with salary of 5l. a year. Order for the free admission of all vessels from Massachusetts to all parts without liability to further dues than are paid by inhabitants; provided that the like order be made in favour of New Hampshire by Massachusetts. Goods having paid customs in one port in New Hampshire or Massachusetts to be exempt from further duty, provided that Massachusetts make the like rule. Order for a levy of a penny in the pound on persons and estates to be paid in money or in species at the following rates:—
Wheat, five shillings a bushel.
Pease, four shillings a bushel.
Malt, three shillings and sixpence a bushel.
Indian corn, three shillings a bushel.
Boards, thirty shillings per 1,000 feet.
White oak pipe staves, at 3l. per thousand.
Fish, two rials under price current.
The Council met at Portsmouth, 2nd May 1682. Order for a conference respecting the approval of a minister for Great Island. Administration of the estate of Edward Cowel, deceased, granted to Jethro Furber, his son-in-law. Proceedings in reference to the estate. Order explaining the powers of Marshals. Signed. Richard Waldern, Elias Stileman, Richard Martyn, William Vaughan, Thomas Daniel, Job Clements, Richard Chamberlain. Dated, Portsmouth, 31st August 1682. 5½ pp. Endorsed. Recd. Nov. 2, 1682. [Col. Papers, Vol. XLVIII., Nos. 76, 76 I., and (letter only) Col. Entry Bk., Vol. LXVII., p. 71.]
May 22.
St. Jago
de la Vega.
513. Minutes of Council of Jamaica. Oath administered to certain new members. Petition of Charles Charles Morgan read and referred, together with his claim for arrears to the Deputy Auditor. Order for a general survey of the forts by Sir Henry Morgan, Colonel Hender Molesworth, Major Samuel Bach and Captain Reginald Wilson. Ordered that the Governor's commission be enrolled; that Thomas Martin, Receiver-General, give in his accounts for 17th July 1681 to 24th June 1682 to the Deputy Auditor who, after examination, will refer them to Sir Charles Modyford and Colonel Hender Molesworth for further inspection; that the Council be summoned for 6th July next; that the tonnage of ships be adjusted according to their light bills in Europe; and that the Receiver pay the several officers attending the Government. [Col. Entry Bk., Vol. XXXVI., pp. 1a–2a.]
May 22. 514. Journal of Lords of Trade and Plantations. Sir Henry Morgan's letter of 8th March (see No. 431) concerning privateers read. The Lords will report it to the King.
Draft of letters to the New England Colonies respecting New Hampshire, and to Massachusetts respecting Mr. Mason, read and approved. [Col. Entry Bk., Vol. CVII., pp. 24–25.]
May 22.
515. Lords of Trade and Plantations to Sir Richard Dutton. The King having ordered the petition of Samuel Hanson to be referred to you for your report, we send you a copy thereof and desire your report, together with authentic copies of such papers as may be necessary. No signature given. ½ p. [Col. Entry Bk., Vol. VII., p. 129.]
May 23.
516. Order of King in Council. Approving the following draft of a letter from the King to the Massachusetts. There has been long depending before us the petition of Robert Mason complaining of the wrongs which he has suffered from the Corporation of Massachusetts Bay, which has kept him from possession of a tract of land between the rivers Naumkeck and Merrimac. Our Solicitor and Attorney-General informing us that Robert Mason has a good and legal title to the lands conveyed to him under the name of New Hampshire, we referred the matter to the Lords Chief Justices of the King's Bench and of Common Pleas, who report to us that your agents, Peter Bulkley and William Stoughton, had disclaimed all title to the lands claimed by Mason, and that they therefore esteem it proper that the parties should have recourse to the judicature settled on the place for the decision of any question of property, until it should appear that there was just cause of complaint against our Courts of Justice. In order therefore that justice may be done with all ease and cheapness, we order as follows:— Robert Mason shall be at once admitted to prosecute his right before the Courts of Massachusetts. Where the land claimed has been improved and Mason's claim is disputed by the tenant, a trial at law may be appointed and allowed, but no interested person shall act as judge or juror. If this justice be delayed by you or judgment be given in which Mason does not acquiesce, he may appeal to us in Council, and the parties concerned shall answer the appeal within six months. In the case of unimproved lands you shall forthwith put Robert Mason in possession, and if you refuse to do so without good cause shewn within six months after demand of possession, we shall take the whole cause of Robert Mason into the consideration of ourselves and Council. And you will secure Robert Mason from all arrests and molestations whatever, while within your jurisdiction, that he be not hindered in the prosecution. The whole 2 pp. Signed, Phi. Lloyd. Endorsed. [Col. Papers, Vol. XLVIII., No. 77, and (under date 23rd June) Col. Entry Bk., Vol. LXI., pp. 136–139.]
May 23.
517. Order of the King in Council. Approving the following draft of a letter from the King to the four New England Colonies. We have lately appointed Edward Cranfield our Governor of New Hampshire, and have charged him in case of any rebellion or hostile invasion of any of the neighbouring colonies to help them to the best of his power with the forces under his command, and we now require the same of you towards him. Signed, Phi. Lloyd. 1¼ pp. Endorsed. [Col. Papers, Vol. XLVIII., No. 78.]
May 23. 518. Copy of a Pardon granted to Doctor Henry Woodward by the Lords Proprietors of Carolina. 5 pp. Signed, Albemarle, Craven, Shaftesbury, P. Colleton. [Col. Entry Bk., Vol. XX., pp. 198–202.]
May 23. 519. Journal of Assembly of Nevis. Proposed by the Governor and Council, (1) That Captain Jory be paid his disbursements on the Articles of Neutrality, the provisions lately said by the Assembly to have been made being set at naught by the refusal of the farmers of the impost of liquors to pay it. (2) To consider what shall be done in future as to the import on liquors. (3) To consider what shall be done for the Governor, who has received great encouragement to reside in Antigua and will certainly do so unless better provided for in Nevis. The Assembly ask for time till Thursday next before giving their answer. [Col. Papers, Vol. XLVIII., No. 79.]
May 23. 520. Minutes of Council of Virginia. Order for Matthew Kemp, Ralph Wormeley, and Christopher Wormeley to take the public records lately under the charge of Robert Beverley, and commit them to the custody of the Sheriff of Gloucester, who will bring them to the Secretary's office. Order for the transfer of Robert Beverley from the ship Duke of York to the ship Concord now in York River. Order for the suspension of John Woodington as a justice of the peace, and for his committal to custody in consequence of his behaviour in respect of the riots. [Col. Entry Bk., Vol. XXXIV., pp. 120, 121, and 124–126.]
May 24.
521. Proclamation of a fast day for God's blessing on the errand of the Massachusetts Agents. Signed, Edward Rawson, Secretary. Printed sheet. 1 p. [Col. Papers, Vol. XLVIII., No. 80.]
May 25. 522. Minutes of Council of Virginia. Order for the arrest of the wives of Thomas Allman and Richard Longest for plant cutting, and for their trial on 30th May. [Col. Entry Bk., Vol. LXXXIV., p. 126.]
May 26. 523. Journal of Assembly of Nevis. The Assembly returned their answers to the proposals of the Governor and Council (see ante, No. 519). (1.) The first receipts in the Treasurer's hands shall be paid towards the discharge of Captain Jory's debt. (2.) The Treasurer shall continue to collect the same duty on liquors for six months longer. (3.) We offer the Governor a present of 160,000 pounds of sugar. [Col. Papers, Vol. XLVIII., No. 79.]
May 28.
524. The Secretary of Virginia to Sir Leoline Jenkins. I had hoped to have given you a better account of things this year. After despatch of my last the rabble continued their riotous and mutinous plant-cutting in spite of all proclamations. The patrols of horse ordered in each county have, through the care and activity of some of the officers, surprised and committed many of the plant-cutters, and so discouraged their wild and extravagant riots that the parties decreased in numbers, and bold actions by day gave place to night mischief, especially whilst the nights continued light. Small parties went from plantation to plantation by night destroying all plants of which they had intimation; and of information they had no lack, for such was the folly, madness, and often malice of some of the inhabitants that, when the rabble had by force or persuasion destroyed the plants of one plantation, the master of this plantation was soon possessed of the like frenzy and willingly helped to make his neighbour as incapable of making tobacco as he himself was. And so the infection spread, until a fortnight ago it was to be feared that it would diffuse itself over the whole body; but now it is much allayed, thanks to the militia, and in a hopeful way of reducement, though I cannot yet positively say quiet settlement. For the women have so cast off their modesty as to take up the hoes that the rabble were forced to lay down, and rather than that plant cutting should cease they act their part in destroying plants, and have privately injured many of their neighbours both by day and night. By exemplary punishment inflicted on some of them, that pernicious humour which at present is a-madding will either be allayed or totally extinguished, so that it is to be hoped that a little more time will restore order, though by awe rather than willing conformity, and in the same manner maintain it. In my opinion, therefore, it is absolutely necessary that two parties of fifty horse should constantly patrol Gloucester and New Kent, where the riots have been worst. I acquainted you in my last of my strong suspicions that Robert Beverley was the moving spirit in these disturbances. There being since sufficient found against him, he was taken into custody and is at present confined on board ship under a safe guard. This was a great check to the mutineers; their spirits sank and their numbers dissolved; some took flight and others voluntarily submitted. The paying off of the soldiers and quarters is still proceeding, though it would have been perfected long since but for the mutinous disposition of the men. They seized the opportunity of the riots to insist on many particulars of disbandment, especially the twopence a day deducted. The Government, though very anxious, hopes by moderation and vigilance to end the matter satisfactorily and in convenient time. Signed, Nicho. Spencer. 1½ pp. Endorsed. [Col. Papers, Vol. XLVIII., No. 81.]
May 30. 525. Duplicate of the foregoing. [Col. Papers, Vol. XLVIII., No. 82.]
May 28.
526. Articles exhibited by Edward Randolph against Thomas Danforth, Mr. Guggins, senior, Mr. James Russell, Mr. Saltonstall, senior, Mr. Samuel Noel, Mr. John Richard, Mr. Davie, Mr. Gidney, and Mr. Appleton, magistrates, and John Fisher, Elisha Cook, Thomas Brattle, senior, Anthony Stodder, senior, Bathurst, Hathorn, Wait, Johnson, Elisha Hutchison, Spragg, Oakes, Holbruck, Cushion, Hammond, and Pike, Deputies and all members of the General Court held at Boston 15th February 1682:— (1) That the said faction has refused to publish the King's proclamation sent in October 1680, thereby preventing the operation of the Act for securing the Plantation trade. (2) That it has refused to repay sundry sums deposited by me in security for trials on behalf of the King's customs, though illegally levied, and though repayment is directed by the King's letters of 21st October 1681. (3) That it has refused to recognise the Letters Patent erecting an office of Collector, &c. (4) That under pretence of satisfaction to the King it has erected a Naval Office of its own in opposition to the King's and appointed officers thereto. (5) That it continues to exert judicial functions which are not rightly theirs and by controlling the Governor and Court of Assistants oppress the country; such functions being no part of the duty of the Court of Deputies. (6) That it has neglected to repeal all local laws contrary to the laws of England, notwithstanding the King's particular orders, whereof observance was promised. (7) That it has refused to recognise the appointment of William Blathwayt as Surveyor and Auditor-General of the Plantations. Signed, Edw. Randolph. Holograph. 1½ pp. Endorsed. Recd. 23 June 1682. [Col. Papers, Vol. XLVIII., No. 83.]
May 29.
527. Edward Randolph to Sir Leoline Jenkins. The Government, on the news of the dissenters being imprisoned in England and the King's bringing a quo warranto against the Charter of London, believe it now time to apply to the King by their agents, whose instructions are to deny or extenuate the complaints of myself and others; to defend their right to the land claimed by Mr. Mason; to maintain their right of imposing customs on goods and merchandise imported; to justify their setting up an office in opposition to that erected by the King's patent; to obtain the King's pardon and his confirmation of their charter, and, lastly (if it can by any means be done), to get me removed from my place and office. I have sent over several papers and new articles to Mr. Blathwayt, containing new matter of fact, together with their laws and orders of Court to confirm the misdemeanours objected against the dominant faction. Their agents will, I hope, be more ingenuous than to deny the plain matters of fact that follow, viz., that the General Court has not acknowledged the appointment of the King's collector, and has set up an officer without the Governor's approbation, which is contrary to law and charter; that the reading aloud of my commission in Court was refused; that several magistrates opposed the passing of the Naval Office Law, which was pressed by Danforth and his faction, who contrary to that law administered an oath to their officers; that to this day they have refused to repay me the expense of my prosecutions, though ordered to do so by the King, and lastly that they have refused to recognize Mr. Blathwayt's Patent as Surveyor and Auditor-General of the Colonies in America. I have seized a ship belonging to one Mr. Shrimpton, and a ketch belonging to Mr. Kellon, brother-in-law to Richards, one of the present agents. They are all incensed against me, and are combined to misrepresent me as an enemy to their government and a disturber of the peace, but I hope I have done nothing but my duty. I know that they will not be wanting to say all the ill that malice can suggest against me to their Lordships, and in my absence they will have the greater liberty. But I know that they have no just cause of accusation. I went out to seize a ketch yesterday and caught such cold that I am now in extremity with the stone and strangury. Should God take me away thus it would be accounted a blessed return for their prayers. Pray intercede with the King for compensation to my wife and children for the expense and loss that I have incurred in the King's service here. I have broke the heart of this faction, and if it please God to spare my life I shall prepare them to receive the King's orders. A quo warranto against the charter and a printed declaration disenabling Danforth and his faction to vote or to hold public office would place this government in the hands of honest men. Nothing that the agents promise should be depended on, if they are suffered both to depart, till the King has full assurance that all here is regulated as promised. Holograph. 1½ pp. Endorsed. Rec. 8 Aug. 1682. [Col. Papers, Vol. XLVIII., No. 84.]
May 29.
528. Account of lands, rents, profits, and fines and forfeitures due to the King in Massachusetts. (1) Eight towns lying between the northern and southern bounds of New Plymouth and the southern line of Massachusetts but not included in the grant to either Colony. (2) Forty-one quarters of wheat due from the Governor and Company as lords proprietors of Maine. I have charged this upon the Government, but they say that the patent under which it is due goes back only to the beginning of the last Dutch war, but I think that those who will not own the authority should not have the benefit of the King's grant. (3) 20l. being the moiety of a fine paid by Timothy Armitage under an order from the Court of Boston of 25th December 1680. (4) 10l. due for breach of the Act of 14 Car. II. (5) Fines and forfeitures received by the several treasurers since the first Dutch war, at the lowest computation, 400l. a year. (6) About 800l. a year for customs, powder money, &c. Signed, Ed. Randolph. Holograph. 1¼ p. Endorsed. Recd. 23 June 1682. [Col. Papers, Vol. XLVIII., No. 85.]
May 29.
529. The Governor and Council of Massachusetts to Sir Leoline Jenkins. We are sending over Joseph Dudley and John Richards as our Agents. We have before told you of our difficulties in this matter and how impossible it was to us to appear by the time limited in the King's letter of 21st October 1681. This is the first ship from this port since that time except one which was ready to sail when we received the King's order. We hope, therefore, that the King will not impute delay to us. We beg your good offices on behalf of our agents. Signed, Simon Bradstreet, Governor. ½ p. Endorsed. [Col. Papers, Vol. XLVIII., No. 86.]
May 30.
530. The President of the Council of New Hampshire to William Blathwayt. Asking him to present enclosed letters to the Lords of Trade and Plantations. Signed, Richard Waldern. ½ p. Endorsed. Recd. 8 Aug. Enclosed, the Proceedings of Council from 22 Nov. 1681 to 22 May 1682 (see No. 512 I.). [Col. Papers, Vol. XLVIII., No. 87.]
May 30. 531. Sir Henry Chicheley to Sir Leoline Jenkins. Things are much improved, thank God, since my last, though the rioters persisted by day or night till they had destroyed the plants of near three parts of Gloucester, half New Kent, the lower part of Middlesex, many plantations on the south side of Rappahannock county, and some few in York, before they could be allayed; divers parties of them conspiring at the same time to ruin the country. I hope now to secure the properties which are untouched. I am somewhat apprehensive of the King's soldiers. The reductions of their pay after their long forbearance, and the debts that they have contracted makes them almost desperate and extremely unruly. Besides which they have served from the 1st April till now, for which no money is arrived. The country had never more need of their services than now, but they are more inclined to give trouble by joining with the discontented planters than to give help. Should they join the malcontents I should greatly fear a renewal of disorder, but we are taking all care. Signed, Hen. Chicheley. ¾ p. Endorsed. [Col. Papers, Vol. XLVIII., No. 88.]
May 31.
532. Lord Baltimore to Sir Leoline Jenkins. Since my last I have sent over to Virginia, but Secretary Spencer was not then returned from James City; I understand, however, that many of the tobacco cutters have been apprehended and the most part dispersed. It is said that Beverley is arrested, and that the total plants destroyed represents six or seven thousand hogsheads, or as some say ten thousand. I send you a relation of my difference with Nicholas Badcock; also a declaration that he was never called before Council; also letters from Rousby to William Steevens, and to Robert Ridgeley. The letter being very long I have given an extract only. Rousby seems determined to return to his old habit of taking an easy penny as he calls it. The King's customs suffer from this, I am convinced. Pray let collectors be ordered to give me a copy of their instructions and of all fresh orders in future. Signed, C. Baltemore. 1 p. Annexed,
532. I. Petition of Lord Baltimore to the King. A repetition of the excuses put forward in the letter of 18th May (see ante, No. 507), with a humble prayer for pardon. Signed, C. Baltemore. Broad sheet.
532. II. "A true relation of the dispute and difference that happened between me and Mr. Nicholas Badcock," about the ships Dolphin and Freeman, Alexander Dennet and Edward Tarlton masters. A repetition with trifling additional details of the story told in his letter of 18th May. Signed, C. Baltemore. 29th May 1682. 2½ pp. Endorsed.
532. III. Certificate of the Chancellor of Maryland that he did give Lord Baltimore his opinion on the dispute with Badcock, not having then seen the authority by which Badcock acted. Signed, Philip Calvert.
532. IV. Certificate of the Clerk of the Council of Maryland that Badcock was not called before the Council there. Signed, John Llewellin. 6th June 1682.
532. V. Christopher Rousby to Colonel Stevens (abstracted above, see No. 325, of 14th December 1681). On same sheet, Extract from the letter from Rousby to Robert Ridgeley, of 6th December 1681 (see ante, No. 312). [Col. Papers, Vol. XLVIII., Nos. 89, 89 I.–V].
May 31. 533. Duplicate of foregoing letter, and of enclosures I.–IV., with triplicate of enclosure No. II. [Col. Papers, Vol. XLVIII., Nos. 90, 90 I.–IV].
May 31. 534. Abstract of the same letter and of its enclosures. 1 p. [Col. Papers, Vol. XLVIII., No. 91.]