America and West Indies: August 1682, 1-12

Pages 270-276

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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August 1682

Aug. 1.
637. Lord Conway to Sir Leoline Jenkins. I have received and return the French and Spanish letters. The King saw no reason to give any orders in respect of them, excepting that in regard to Virginia he took notice the country had been disturbed and appeared to be calmed, and that it was necessary to hasten a Governor over thither. Mons. Barillon had audience after me and delivered three letters from the King, Queen, and Dauphin of France, giving an account of the Dauphine's confinement. I suppose that the Duke had the same account, for I hear that Lord Feversham and Jemmy Grimes are to be going away in two or three days. Holograph. Signed. 1 p. [Col. Papers, Vol. XLIX., No. 14.]
[Aug. 1.] 638. Petition of Nathaniel Smith and William Righton, for the inhabitants of Bermuda, to Lords of Trade and Plantations. After many hearings at the Council Board the King granted a quo warranto against the Charter of the Bermuda Company on 14th November 1679. By the delays of the Sheriffs of London and the Company's standing out all manner of contempts, it could not be brought to plead till Christmas Eve 1680, notwithstanding several rules of Court setting them peremptorily days to plead, or judgment to be entered against them for the King. In Easter term 1681 the Company was ordered to rejoin, but found out delays till the end of Midsummer term following, and then pretended that it had new matter to plead. They had therefore respite given them by the Court till Michaelmas 1681, and then pleaded the general issue only. The case standing thus at law, and over 300l. having been spent in prosecution, petitioners could not expect to be called upon for any further prosecution, trouble, or expense until the term, at which time they are resolved to proceed against the Charter according to law, which the Company ought not to decline since it refused to be determined by the King. Pray that since the King's order for all parties to attend this day has wholly surprised petitioners and their counsel your Lordships will appoint them a longer day for preparation or leave them to the prosecution of the quo warranto. Signed, Nathaniel Smith, William Righton. 1 p. Endorsed. Recd. 1 Aug. 1682. My Lord President on the 3rd August informed the King in Council that the petitioner had engaged that the Attorney-General should be sufficiently instructed for the prosecution of the quo warranto in Michaelmas term. [Col. Papers, Vol. XLIX., No. 15, and Col. Entry Bk., Vol. XVII., p. 98.]
Aug. 1. 639. Deposition of Samuel Couch respecting the seizure of the ship Newbury at Boston. Inscribed in Edward Randolph's hand. "A copy of the deposition above written sworn and produced in Court. 1st August 1682." 1 p. [Col. Papers, Vol. XLIX., No. 16.]
Aug. 2. 640. Further depositions respecting the seizure of the ship Newbury, with copies of the attachment and execution. 3 pp. In the handwriting of Edward Randolph, and signed by him. Various dates from 26th July to 2nd August. [Col. Papers, Vol. XLIX., No. 17.]
Aug. 3.
641. Order of the King in Council. That a copy of the petition of Sarah Bland (see ante, No. 620) be sent to the Governor and Council of Virginia with orders for Colonel St. Leger Codd and Anna his wife to appear personally or by agent before the Board of Trade and Plantations to receive the judgment of the Board on the appeal of Sarah Bland. The Governor and Council will take care that both parties give good security to make their appearance as aforesaid, within six months of the notice hereof, before the Board. [Col. Entry Bk., Vol. LXXXII., pp. 88–89.]
Aug. 3.
642. Order of the King in Council. Report of Lords of Trade and Plantations. We have considered the petition of William Dyre (ante, No. 591), and recommend that an advertisement be inserted in the Gazette and be published in the Royal Exchange, and also that notice thereof be sent to Southampton, to the effect that unless Samuel Winder give security within one month to pursue his prosecution next term, Dyre's bond shall be returned, and himself set free to take his legal remedy. Signed, Arlington, Bath, Craven, Fauconberg. 21st July 1682. Ordered accordingly. Signed, Phi. Lloyd. Printed in New York Documents Vol. III., p. 320. [Col. Entry Bk., Vol. LXVIII., pp. 54–55.]
Aug. 3. 643. The propositions of Colonel Henry Coursey and Colonel Philemon Lloyd, commissioned by Charles Lord Baltimore on behalf of the King's subjects in Maryland and Virginia to treat with the Sinodowane and Sniekes [Seneca?] Indians. Made at the Court House, Albany, 3rd August 1682. This document comprehends, (1) The Speech of the Commissioners to the Indians. (2) The reply of the Sinodowannes and Sniekes, accepting their proposals for renewal of treaty and for preservation of peace with other tribes. (3) The speech of the Commissioners to the Maquas, Onandagas, Oneydas, and Cayonges, rebuking them for their late hostile inroads. (4) The replies of the several tribes, expressing regret and promising to stop the outrages and keep the peace. 4th August 1682. The whole 19 pp. Copy certified by Robert Burman. 13th August 1682. Endorsed, "Treaty of peace at Albany between Maryland and the Indians." Printed in New York Documents, Vol. III., pp. 321–328. [Col. Papers, Vol. XLIX., No. 18.]
Aug. 6.
644. Governor Cranfield to Sir Leoline Jenkins. We left the Downs on Thursday with an east wind, but before we had got the length of the Start we were driven in hither. We wait only for a fair wind to sail for New England, without touching at Fayal. Holograph. Endorsed. [Col. Papers, Vol. XLIX., No. 19.]
Aug. 7.
645. Edward Randolph to Sir Leoline Jenkins. When I came to this place inDecember last, armed with the King's letter and my own patent as Collector, I had some confidence that such documents would command respect. But the faction of which I have so often complained has taken every opportunity to obstruct me. First they set up a Naval Office without the Governor's consent; then they make out that they have a right to appoint their own officers; then they refuse to recognise the King's patent. At their last County Court held in Boston on 25th July last, one Isaac Evelich was permitted and even countenanced to bring an action against Daniel Mathews, one of my deputy searchers, and against others who assisted him to seize the ketch Newbury for the King. In the declaration they call the seizure piracy. Mathews produced my deputation in Court; and my patent empowering me to appoint deputies was read, but neither was allowed. One of the assistants produced the Governor's warrant for his action. I proved by good witnesses that the ship was engaged in illegal traffic in wine, but to no purpose. The jury gave 307l. damages against Mathews, and he and his assistants are taken in execution for the money. They hope to compel me to restore the ship, but I have appealed in that case to the Court of Assistants. They threaten to sell them [Mathews, &c.] out of the country, and other persons who assisted at the seizure are warned out of Boston by the townsmen. Some of the inhabitants have been forbidden to entertain any of Randolph's rogues. I am again taxed towards defraying the public charges, and daily expect my goods to be taken out of my house and sold for payment, though I have showed the Governor and some of the magistrates the Attorney-General's opinion that they have no power so to do. As a new trouble I hear that I am prosecuted by their Grand Jury for endeavouring to subvert their government by writing and speaking against the proceedings of the General Court. Several persons who gave me information and helped me with seizures are so discouraged by these unjust proceedings that I can get no man to my side abroad nor one to appear as evidence before a magistrate. I have sent the Commissioners of Customs full particulars and documents. Pray remember the contempts of this Colony since the Restoration. Nothing can do any good but a quo warranto. I have hitherto with great difficulty and danger managed in my station. I now impatiently await the effects of the King's justice on these open contemners of his commands, and the welcome release of many hundred loyal inhabitants from bondage in this place of pretended liberty, both in their consciences and estates. To complain of this bondage is death by their last law. No doubt the agents will extenuate the complaint, and promise all obedience in future, but it is not in the power of the Governor and the honest party to give the King satisfaction, being out-voted by Danforth and his faction, so that they would gladly be put in a better condition for their oath's sake, as they are magistrates, and being under the great obligation of church membership they durst not openly appear in it. No person here can be a magistrate unless first a church member and chosen by the freemen. No man can be admitted freeman without the approbation of some of their ministers, who are most of them independents and are encouraged by Nonconformists in England. This the agents cannot deny, nor that those who have good estates would rejoice to see a happy settlement of the Colonies under one Governor-General. This is the only way to protect them in their rights and properties. I must add that so long as the Government disputes the Acts of Trade and the King's authority, no better success than mine can be expected of me or of anyone else in my position. The Commissioners of Customs are not recognised here nor several of the Acts relating to trade.The King's patent creating my office has not to this day been made public; and the naval office is still kept up though the Governor has never consented to it and hopes to abolish it next General Court. Holograph. 2 pp. Endorsed. [Col. Papers, Vol. XLIX., No. 20.]
Aug. 8. 646. Journal of Assembly of Barbados. The Committee appointed to prepare a Bill for an imposition on wines reported the same to the House.
Aug. 9. Bill for imposition on wines considered. Voted that a present of 1,500l. be given to His Excellency. Act for raising money for fortifications read and passed.
Aug. 10. William Sharpe being sick, Christopher Codrington was chosen Speaker. Ordered that Richard Guy, John Codrington, and Samnel Husbands enquire into the gauge of casks. Committee appointed to confer with a Committee of Council respecting the Bill for raising money for fortifications. On their return the Bill as amended was read and passed. Ordered that where the Treasurer cannot obtain bills of exchange to remit money to England he may advance for these bills as the price rules and receive allowance for it out of other moneys. [Col. Entry Bk., Vol. XIII., pp. 497–500.]
Aug. 9. 647. Minutes of Council of Barbados. The Assembly brought up a Bill to raise money for the safety of the Island. The Governor said he would issue his warrant for payment of money due to Lieutenant-Colonel John Codrington for his care and charge in keeping the magazine.
Aug. 10. The Bill to raise money read twice and amended; after which the Governor appointed a conference between the two houses. After conference the Bill was passed into Act. The Assembly likewise brought up the Bill for the importation of Christian servants which was read and passed into an Act. Order to the Treasurer respecting Bills of Exchange. [Col. Entry Bk., Vol. XI., pp. 547–550.]
Aug. 10.
648. Sir Henry Chicheley to the King. I gave you notice of our unhappy insurrection, which was timely put down by the militia. The country is still a little anxious, but I hope that this state may pass away. I shall take all possible pains for your service. Signed, Hen. Chicheley. ½ p. Endorsed. Recd. 3 Dec. 1682. [Col. Papers, Vol. XLIX., No. 21.]
Aug. 10.
649. Sir Henry Chicheley to Sir Leoline Jenkins. I am afraid that I shall be greatly blamed for convening the Assembly when I did without the advice of the Council. I did send to ask the advice of Secretary Spencer who lives fifty or sixty miles from me, but he was so ill with gout that he could not come to me, and I was not well enough to go to him. The rest of the Council, with the exception of Major-General Smith and my son Wormeley, lived at as great or greater distances with sundry great rivers to pass, so I thought it needless to send to them. I can hardly get them together at public court times, and then they often keep me waiting two or three days. Nor did I greatly contravene Lord Culpeper's instructions herein, which empowered me to call an Assembly if I saw fit. Former Governors had the same power, and in truth I thought that the Council was a body whose advice might be asked or not at discretion. Some of the Council say to my face that I called this Assembly by advice of Major Beverley, who is now in custody on suspicion of raising the late insurrection. They resolve to keep him in close confinement, but so far can allege nothing material against him except some idle words let fall in his cups, on which occasion he is not compos mentis. I am sure his behaviour in Bacon's rebellion was far better than that of the best of his accusers. I thought right to bring this to your notice, for I am sure he has been sufficiently blacked in England. I beg you to make allowance for this poor country and my unhappy self. Signed, Hen. Chieheley. 1 p. Endorsed, Recd. 3 Dec. 1682. [Col. Papers, Vol. XLIX., No. 22.]
Aug. 10.
650. Sir Leoline Jenkins to Lord Baltimore. The King desiring to promote the trade of his subjects in these parts has given Lord Culpeper, Governor of Virginia, instructions and full power to pass such Acts as shall be thought conducive to the welfare of that and adjacent Colonies. You will, therefore, on his arrival consult with Lord Culpeper as to common action in Virginia and Maryland respecting the planting of tobacco, either by passing like Acts or otherwise. Draft. 1½ pp. Endorsed. [Col. Papers, Vol. XLIX., No. 23, and Col. Entry Bks., Vol. LII., pp. 81, 82, and Vol. XCIX., pp. 171, 172.]
Aug. 10. 651. A page of the London Gazette, containing an advertisement dated Whitehall, 9th August 1682, that unless Samuel Winder appear within one month and give security to follow out his prosecution against Captain Dyre, Dyre's bond shall be returned to him, and himself set at liberty to take legal proceedings against his accuser. The page is stuck on a sheet of paper, which is endorsed with a precis. [Col. Papers, Vol. XLIX., No. 24.]
Aug. 12.
652. The Secretary of Virginia to Sir Leoline Jenkins. We are still a little anxious as to further trouble. All the plantations are at this time of year flowing with cider, which is so uniquely drunk by our licentious inhabitants that they allow no time for its fermentation, but for their brain, stirring up disorders as it now hath by reviving this extravagant and sick-brained tobacco-plant-cutting [sic]. They pull up quantities at night and vow they will destroy more, and if their power corresponded to their wish they would doubtless do so. The public mind being evidently so disturbed we move with great circumspection. It is plain that Bacon's rebellion has left an itching behind it; the lenity then shown was not right for a country such as this, where great part of, the people are those spread forth from the better governed portions of the King's dominions. Also our settlements are far too much scattered. A standing guard of one hundred and fifty to two hundred men would be the best means of securing this government. Holograph. Signed, Nicho. Spencer. 1 p. Endorsed. Recd. 24 Oct. [Col. Papers, Vol. XLIX., No. 25.]
Aug. 12. 653. Minutes of Council of Virginia. Proclamation declaring unlawful assembly to cut, pull up, or otherwise destroy tobacco plants, to be open rebellion. [Col. Entry Bk., Vol. LXXXIV., pp. 145, 156.]