America and West Indies: September 1682

Pages 291-305

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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September 1682

Sept. 2.
677. A. de Cardonnel to Captain William Dyre. I received your letters and have delivered them. That to Doctor Speed, mayor of this town, was delivered on the 28th ultimo, who told me that he knew nothing of what had passed concerning Mr. Winder, not being then in town, but that he would speak to the deputy mayor, before whom these things were transacted, and tell you what he knew. Signed, Adm. de Cardonnel. 1 p. Endorsed. Recd. 4 September 1682. Answered. [Col. Papers, Vol. XLIX., No. 41.]
[Sept. 7.] 678. William Blathwayt to Sir Leoline Jenkins. Lord Culpeper this morning sent me a warrant for passing his Commission as Governor of Virginia under the Great Seal, adding that he was not willing to be put to any expense for passing it. I conceive that in this way it will be delayed beyond the day fixed for his departure, which is to-morrow se'nnight. I thought it my duty to inform you, for it is necessary not only for the Commission to pass at once but for provision to be made to defray the expenses. Holograph. 1p.[Col. Papers, Vol. XLIX., No. 42.]
Sept. 8.
679. William Blathwayt to Robert Bertie. I enclose copy of a pass given for the French ship La Trompeuse, to be delivered to the Commissioners of Customs (see ante, No. 459), requesting that nothing may be done contrary to the Acts of Trade in the disposal of the ship. ½ p. Draft. Inscribed and endorsed. [Col. Papers, Vol. XLIX., No. 43, and Col. Entry Bk., Vol.XXX., p. 73.]
Sept. 8.
680. The Governor and Council of Barbados to Lords of Trade and Plantations. Forwarding quarterly return of the Council's transactions and of imports. Signed, Ri. Dutton, Fra. Bond, Robert Davers, Richard Howell, J. Peers, Edwyn Stede, Henry Walrond, Jno. Witham. ½ p. Endorsed. Recd. 26 Feb. 1682/3. [Col. Papers, Vol. XLIX., No. 44, and Col. Entry Bk., Vol. VII., p. 182.]
Sept. 11.
St. Jago de la
681. Minutes of Council of Jamaica. Ordered that Francis Hickman, Clerk of the Patent Office, give security for three hundred pounds for due execution of his office. Letter of 11th October 1681 from Lords of Trade and Plantation read. Agreed that since the Receiver-General has for five years failed to give an account of the King's quit-rents, the work should be done by collectors. The Receiver received time till next Session of Council to prepare his answer hereto. Francis Hickman gave in his security as ordered. Ordered, that if there be sufficient money in the Treasury, the Auditor-General shall have his salary of 150l. for the year ending Michaelmas next; also that Sir Thomas Lynch receive six months' salary. Edward Yeamans, Provost Marshal, produced his accounts. Order for money to be paid him toward the building of the gaol. Order for Reginald Wilson, Deputy Auditor-General, to inspect the records. [Col. Entry Bk., Vol. XXXVI., pp. 6–6a.]
Sept. 11.
St. Jago de la
682. Resolution of the Governor of Jamaica in Council. On the question whether the King's Receiver-General could make a true rental of the King's quit-rents, Agreed that since, in spite of frequent orders, he has not done in the last five years, the duty shall more properly be done by the collectors in each precinct. Signed, Rowland Powell. Copy. ½ p. Inscribed and endorsed (see ante, No. 668). [Col. Papers, Vol. XLIX., No. 45.]
Sept 11.
St. Jago de la
683. Order of the Governor of Jamaica in Council. That Reginald Wilson, Deputy Auditor-General, have at all times free access to all records relating to the King's revenue from the date of Lord Vaughan's departure to the present time. Signed, Thomas Lynch. Countersigned, Rowland Powell. ½ p. Copy. Endorsed (see ante, No. 668). [Col. Papers, Vol. XLIX., No. 46.]
Sept. 12. 684. Journal of Lords of Trade and Plantations. A copy of the proceedings of the Court Martial held on Captain Billop on the 8th instant, was presented to the Committee and the sentence was read viz., that he is acquitted of embezzlement but guilty of coming home without orders, and therefore remains in custody of the Marshal of the Admiralty during the King's pleasure. Agreed to move the King not to release Billop till the further information promised by Sir William Stapleton shall arrive.
The petition of Abraham Langford (see No. 664) to be referred to Sir R. Dutton for report.
Lord Doncaster's petition read and reserved for further consideration.
The Lords were informed that the Agents for Massachusetts had brought such proofs as they could produce, which were very unsatisfactory. Secretary Jenkins also read an abstract of their instructions. The Agents were called in and asked if they had any power or commission to consent to the regulation of their Government, and having none were told the Committee could not enter on the discussion of such matters in default thereof. The Lords agreed on their report (embodied in Order in Council of 20th September, see No. 697).
Memorandum of letters sent and received. [Col. Entry Bk. Vol. CVII., pp. 53–59.]
Sept. 12.
685. Minute of Lords of Trade and Plantations. Recording their decision in the case of Captain Billop (see preceding Abstract). 1½ pp. Endorsed. [Col. Papers, Vol. XLIX., No. 47.]
Sept. 12.
686. Minute of Lords of Trade and Plantations. On the petition of Abraham Langford (see ante, No. 664), their Lordships think fit that in view of the Order in Council of 20th October 1680, a letter should be sent to Sir Richard Dutton with a copy of the petition, directing him to report whether the naval office of Barbados may not be executed by Langford's son, and that he be continued in the place till further order. 1 p. Endorsed. [Col. Papers, Vol. XLIX,, No. 48.]
Sept. 12. Duplicate copy of foregoing. [Col. Papers, Vol. XLIX., No. 49.]
[Sept. 12.]
687. Memorandum of the action taken by the Lords of Trade and Plantations in their report of 24th August and resolution of 12th September (see Nos. 661, 684). In the handwriting of William Blathwayt. 1 p. [Col. Papers, Vol. XLIX., No. 50.]
Sept. 12.
688. [Sir Leoline Jenkins ? to Sir Richard Dutton]. Your actions and addresses are very acceptable to the King and the Committee, and it is a great satisfaction to me that you have acquitted yourself so well in so important a post, though I am sorry that your salary should be so much in arrear in so expensive a place. Your care of the church is very much remarked by the Bishop of London and all good men, and your zeal for Justice and authority has pleased the King. I have twice approached the King about your leave of absence, but he did not then approve of it. He finds it very necessary for Governors to be at their posts in such critical times. He has sent out Lord Culpeper in spite of considerable and pressing business here. Take care of your health, for so valuable a man as you is not often met with, and let me hear from you as often as you can. [Col. Entry Bk., Vol. XCIX., pp. 174–175.]
Sept. 12.
Bay of Bulls.
689. Captain Daniel Jones to [William Blathwayt]. I arrived on 23rd August, and my orders are to sail on the 1st September, so I have not had time to give so full an account as I could have wished. I enclose your bonds. None violate the rules of the Western Charter so much as the New England traders, who spirit away the inhabitants, to the mischief both of adventurers and planters. I myself saw one who came into St. John's with eleven hands and was sailing out with twenty. I forced him to put the extra men ashore, and took bonds from the New England traders. The English fishing has been indifferent this season, 150 quintals per boat, not comparable to the reported French catch. Without better government the Colony will come to an end; all is confusion till the man-of-war comes. Signed, Danl. Jones. 1 p. Endorsed. Recd. 17 October 1682. Annexed,
689.I. Bond of John Sawley to carry no English subjects from Newfoundland. Signed and sealed and witnessed. 8 September 1682.
689. II. Similar bond of George Snell. 7 September 1682.
689. III. Similar bond of Thomas Harvey. 7 September 1682.
689. IV. Similar bond of William Pepperill. Same date.
689. V. Account of the inhabitants of Renooze, Firmooze, Aqua Port, Ferryland, Capeland Bay, Cape Broil, Breacaes by South, Renouse. In tabulated form. Total families, 37. Men, 519; women, 32; children, 38. 1 p.
689. VI. Account of the fishing ships, with their names, masters' names, port of register, crews and boats. Belonging to St. John's, 20 ships. Petty Harbour, Bay of Bulls, and Whittley's Bay, each 2 ships; Bay of Verds, 3 ships; Old Pertican, 2 ships; New Pertican, 3 ships. 1½ pp.
689. VII. List of sack-ships laden in the different harbours. St. John's, 34; Petty Harbour, 3; Bay of Verds, 5; Old Pertican, 7; New Pertican, 2; Bay of Bulls, 4. 2 pp.
689. VIII. List of boat-keepers. In St. John's Harbour, 45; Petty Harbour, 2.
689. IX. Account of planters in the various harbours:—
St. John's 230 men, 23 women, 3 children.
Cinttee Wittee 120 " 2 " 3 "
Petty Harbour 68 " 6 " 2 "
Bay of Bulls 96 " 7 " 7 "
Bay of Verds 110 " 4 " 9 "
Old Pertican 170 " 3 " 0 "
New Pertican 45 " 1 " 3 "
Silly Cove 50 " 2 " 12 "
Hans Harbour 15 " 1 " 0 "
Hearts Content 15 " 2 " 2 "
Trinity Harbour 11 " 1 " 0 "
689. x. Summary of the foregoing in tabular form. 2 pp. [Col. Papers, Vol. XLIX., Nos. 51, 51 I.–X.]
Sept. 12. 690. Reasons of appeal in the case of the pink Good Hope, handed in by Edward Randolph at the Court of Assistants, 12th September 1682. The document is dated 29th September, evidently by mistake for 9th. 1 p. In Randolph's handwriting. Endorsed. [Col. Papers, Vol. XLIX., No. 52.]
[Sept. 14.] 691. Articles of high misdemeanour exhibited against Richard Waldern, Richard Martyn, and John Gillman of New Hampshire, by Robert Mason. I. All three oppose to the utmost of their power the King's commission of September 1679 for the establishment. 2. They took upon themselves to be of the Council without taking the oaths. 3. They have denied appeals to the King. 4. They have disowned the King's sovereignty. 5. Waldern vilifies the government of England. 6. He has spoken disrespectfully of the Royal authority. 7. He has said to some who were for petitioning the King, "What! you would have a King— I will be your King." 8. Going to Boston in March last when the Assembly was met to send Agents to England, he reported that the King was dead, whereat the deputies thought that they need not send Agents to England. 9. In 1677 he treacherously invited the Indians to settle near him, seized them all, hanged seven, and sold two hundred for slaves, which led to the massacre of many Englishmen. 1 p. Endorsed. Recd. 14 Sept. [Col. Papers, Vol. XLIX., No. 53.]
Sept. 14.
Bay of Bulls,
692. Captain Wrenn, R.N., to William Blathwayt. I arrived on the 12th, and expect to sail very soon, so have not had time to send the boats out to explore. H.M.S. Diamond was here three weeks before, so I presume that Captain Jones has given you the information desired. Signed, Ra. Wrenn. ½ p. Endorsed. [Col. Papers, Vol. XLIX., No. 54.]
Sept. 14.
693. A. de Cardonnel to Captain William Dyre. In compliance with your desire I showed Dr. Speed your letter, but he answered as before, that, not being in town, he knew nothing of the transactions against Samuel Winder, so I went to the Deputy Mayor, who gave me this short account enclosed, which is all that he says he can give. So far as I remember it was in February or March last. Winder has not been here since. Signed, Adm. de Cardonnel. 1 p. Endorsed. Recd. 15 Sept. 1682. Enclosed,
693. I. Certificate from the Deputy Mayor of Southampton. That Samuel Winder was accused of infamous conduct to a maid of repute, and for satisfaction promised to give her five pounds, and not having the money was arrested, but made his escape. Signed, Cor. Smith, De. Mayor. Scrap. Endorsed. Recd. 30 Sept. 1682. [Col. Papers, Vol. XLIX., Nos. 55, 55 I.]
Sept. 15. 694. Patent granting to Rowland Powell, Andrew Patten, and John Drury, all mines of gold and silver in Jamaica that may be discovered within twenty-one years, on payment of one-tenth of the ore. Signed, Dereham, Roger Elletson, Attorney-General. Copy. 1 p. Endorsed. Recd. 20 Dec. 1682. Read at the Committee. 24 Jan. 1682–83. Referred to the Attorney-General (see ante, No. 668). [Col. Papers, Vol. XLIX, No. 56.]
[Sept. 16.] 695. The Earl of Doncaster to Lords of Trade and Plantations. As my petition (see ante, No. 663) is under consideration, I explain that by Florida I mean only such portions as are actually settled, or can justly be claimed. For the Spaniards can hardly claim the whole country in virtue of two small castles. ½ p. Endorsed. Recd. from the Earl of Doncaster, 16 Sept. 1682. [Col. Papers, Vol. XLIX, No. 57.]
[Sept.] 696. Lords of Trade and Plantations to the King. In respect to Lord Doncaster's petition (ante, No. 663), we think that it is not convenient for you to constitute any new propriety in America, nor to grant any further powers that may render the plantations less dependent on the Crown. [Col. Entry Bk., Vol. XCVII., p. 84.]
Sept. 20. 697. Order of the King in Council. That the Agents for the Massachusetts not having brought sufficient powers do forthwith procure sufficient powers from their Government to agree to the regulation thereof, and to consent to such matters as shall be judged necessary, failing which a new quo warranto shall be brought against the charter on the first day of Hilary Term next. [Col. Entry Bk., Vol. LXI., pp. 166–167.]
Sept. 21. 698. Edward Randolph to Governor Bradstreet. Thank you for speaking to the gaoler on behalf of my deputy, Daniel Matthews. I am not, well enough to wait on you, and am therefore compelled to write to you that last night my security was offered for my deputy's true imprisonment, but the answer was that by law two persons must engage for that. I can offer no more than I have already. By the Act of the 14th of the King such deputies may plead the general issue, and all judges are ordered to accept the same. I do not press for this enlargement on my own security to be granted by your sole act as Governor (though in such matters you are a free agent), but I ask you only to communicate this paper to the Council at their next meeting. One of those who acted with me is very sick, and Matthews has suffered much from his imprisonment; if anything happen to them their lives must be accounted for. Enlargement and compensation for false imprisonment is the least amends that can be made them, but, if that be not granted, I hope that my security may not be denied. Copy by Randolph. 1 p. [Col. Papers, Vol. XLIX., No. 58.]
Sept. 21. 699. Sir Thomas Lynch's speech to the Assembly of Jamaica. There is little for you to do, and but for your own Act, which enjoins your meeting annually and sitting for ten days, we should hardly have convened you now. We have not called a new Assembly, believing that the country could not make a worthier choice of representatives than yourselves. Moreover, it is you that have passed the laws which we hope will be a Magna Charta to us and a limit to myself and all future Governors, so that if they require amendment it is fittest that you who have had the charge and trouble of raising this great structure should have the thanks and glory of finishing it. Being called by the King's writ you are not dissolved by a change of Governors, and are therefore a lawful Assembly. I think it right to mention this, though I believe you are too wise to raise such nice points. Now, though I have no direct message from the Lords of Trade and Plantations about the laws, I say this much from myself: If it is of the utmost importance that our laws pass, it would be well for you to consider now whether they will or no; and, if you judge that they will not, then resolve to remove the obstruction. This is the favourable moment; next year all concessions will be limited by positive orders to myself and by the expiry of the laws. Pray consider how much better it is to go voluntarily a step or two than run risk to be driven God knows how far. If you enter into debate of this matter I shall explain myself; if not, you must take the responsibility of losing the opportunity of establishing peace and laws for this Colony. I do not urge this from any private ends, for God has given me a fair estate and the King a competent salary, so that I want nothing from you. I ask only that we may do ourselves the right to pay our bounden duty and gratitude to the King. Can the King's bitterest enemy say that he ever took the least thing from the meanest subject by violence or contrary to law? Has he ever erred except in excess of bounty? Surely only malice and faction could suggest that such a King would illegally take from a young and needy colony the revenue which he orders it to raise for its own Government, and that, too, when he has just appointed an Auditor-General specially to see that it is not misapplied. Every one of you knows that, while your Act exists, such misapplication is impossible, and I do not believe that any of you so distrust the King. I call to witness that I have no design to injure you or your liberties, nor have I any instructions but to do right, and govern according to the laws of England and of this Island. I did so to the best of my judgment when I was Governor before, and I believe that it was your satisfaction with me that moved the King to send me out again. I hope that no folly may turn us from the port that lies open to us into a wild sea of confusion, the fear of which so discomposes me that I can only say God have mercy upon us and direct you. Copy. 3½ pp. Endorsed. Recd. 8 Jan. 1682–83. [Col. Papers, Vol. XLIX., No. 59.]
Sept. 21. 700. Speech of the Speaker of Assembly of Jamaica in reply to Sir Thomas Lynch. We acknowledge in all humility the King's favour to us, particularly in sending you back to us as our Governor. I shall not dwell on past uncertainties and difficulties, for our only object was to preserve our ancient form of government, and this we hope may ensure our pardon. 1 p. Copy. Endorsed. Recd. 8 Jan. 1682–83. [Col. Papers, Vol. XLIX., No. 60.]
Sept. 21.
St. Jago
do la Vega.
701. Minutes of Council of Jamaica. List of the Assembly:—
St. Thomas Major Edward Staunton.
Lieutenant-Colonel Ralph Whitfield.
St. David Captain Thomas Ryves.
James Lobley.
Port Royal Major Samuel Bache.
Captain Reginald Wilson.
William Coward.
St Andrew Lieutenant-Colonel Samuel Bache.
Captain Francis Scarlett.
St Katharine Samuel Bernard
Major John Bourden.
Captain Edmund Duck.
St. Dorothy Captain John Colebeck.
John Bonner.
St. Thomas in the Vale Major George Nedham.
Fulke Rose.
St. John Major Thomas Ayscough.
Francis Price.
Clarendon Thomas Sutton.
Richard Dawkins.
Vere Andrew Knight
William Pusey.
St. Elizabeth Lieutenant-Colonel Richard Scott.
Nathaniel Estaugh.
St. James Samuel Jenks.
Thomas Clarke.
St. Ann Lieutenant-Colonel Whitgift Aylemore.
Captain Benjamin Smith.
St. Mary Captain John Moon.
Andrew Orgill.
St. George Captain Henry Archbold.
Edward Broughton.
The Speaker, Samuel Bernard, with seventeen members of Assembly, attended the Governor, and being three short of the quorum asked for adjournment of the Council to the afternoon. In the afternoon, Edward Broughton and John Bourden informed the Governor that four of their members were dead, whereupon the Governor gave them a return of four in their place. The Governor made a speech, the Assembly replied through the Speaker, and John Colebeck and nine other members gave the Governor the thanks of the House. [Col. Entry Bk., Vol. XXXVI., pp. 6–8.]
Sept. 21. 702. Acts of Jamaica:— Act for raising a public impost for seven years. Act for raising money for soliciting the affairs of Jamaica in England. Passed, 21 Sept. 1682. Recd, 29 Dec. 1682. [Col. Entry Bk., Vol. XLIII., pp. 223–247.]
Sept. 21. 703. Memorandum.— On 21st September 1682 was sent to Sir Thomas Lynch an Order of Council of 3rd November 1681, forbidding Governors to leave their governments for England without leave of the King in Council. [Col. Entry Bk., Vol. XXX., p. 74.]
Sept. 25. 704. Minutes of Council of Virginia. Petition of Robert Beverley praying for a writ of habeas corpus to be granted to him, read. Ordered that he be retained in custody till the King, to whom all proceedings respecting him have been sent, give his orders. [Col. Entry Bk., Vol. LXXXIV., p. 130.]
Sept. 25. 705. Journal of Lords of Trade and Plantations. Petition of Francis Branson read (see No. 441) and referred to the Agents of Massachusetts.
Sir W. Stapleton's letter of 18th July concerning the transportation of malefactors read. Agreed to recommend the delivery of the malefactors to such persons as will give security to land them at St. Christophers. Letter concerning Captain Billop's proceedings read (see Nos. 602, 604), and Captain Billop summoned to attend on Saturday next.
On Sir Henry Morgan's letter of 17th June (see No. 431). Agreed to recommend that one of the condemned privateers be executed and the other two kept in custody. [Col. Entry Bk., Vol. CVII., pp. 60–62.]
Sept. 26.
St. Jago
de la Vega.
706. Minutes of Council of Jamaica. John Colebeck and several gentlemen of the Assembly attended to ask the Governor to explain himself over the Revenue Bill. His Excellency summoned the Speaker and House and did so. Petition of Peter Fountaine for redress against a dishonest kinsman considered and recommended to the Assembly. Ordered that in consequence of the insolence of runaway negroes the Act for the better ordering of slaves be strictly enforced. [Col. Entry Bk., Vol. XXXVI., pp. 8, 8A.]
Sept. 28.
707. The Clerk of the Assembly of Barbados to Lords of Trade and Plantations. Forwarding copies of the transactions of the Assembly from 25th April to 25th July. Pleads inexperience in excuse of possible shortcomings. Signed, Richard Cartwright. 1 p. Endorsed. Recd. 30 Nov. 1682. [Col. Papers, Vol. XLIX., No. 61, and Col. Entry Bk., Vol. VII., p. 144.]
Sept. 28. 708. The Same to the Same. A second covering letter to the same enclosure. ½ p. Endorsed as the preceding. [Col. Papers Vol. XLIX., No. 62.]
Sept. 29.
Post 3 in the
Port Royal.
709. Symon Musgrave to [Governor Sir Thomas Lynch?]. I received yours about half-past two and have made inquiry into the matter. I find no truth nor indeed any talk of any prize that the Trompeuse has taken. The story is probably founded on another which the Dutchman brought, as follows. Off Porto Rico Laurence chased a Spanish ship formerly taken from the French, which steered away for St. Domingo. To the eastward of that island she was taken by him, having maintained a stout fight at a distance with him, killed him eight or nine men, and wounded sixteen or seventeen more. On board the Spaniard, which carried twenty-six guns, ten patararoes and two hundred and fifty men, about fifty were killed and wounded. The Spanish captain was wounded in the upper part of his thigh and his belly somewhat torn by a great shot from one of Laurence's quarter-deck guns. He was instantly put ashore with a surgeon and a man to wait on him. The captured ship was bound from Havana to Porto Rico and St. Domingo with money to pay off the soldiers. It is said that the pirates made one hundred and forty shares and shared seven hundred pieces-of-eight a man. Laurence himself is now at Petit Guavos; his ship and prize are a-fitting. The Governor of Petit Guavos has received his share underhand but resolves to grant no more commissions. I hear that about eight of Laurence's men are landed here at Point and gone into the country. Signed. Endoreed. Recd. 8 Jan. 1682–83. [Col. Papers, Vol. XLIX., No. 63.]
[Sept.] 710. Reasons why Receivers for the quit-rents cannot be appointed to every parish in Jamaica. (1.) The procedure is settled by Act which (2) makes the collection the duty of the Receiver-General. (3.) No subject is obliged to pay at any other place but where the Act directs. (4.) Such change of place would be an encroachment on the royal prerogative. (5.) The Receiver-General's patent makes it dangerous for him to collect the rents in the proposed fashion, &c. Several more reasons of the same kind, deserving Sir T. Lynch's epithets of "false and trivial" (see post, p. 302). Large sheet. Holograph, signed, Thomas Martin. Endorsed. [Col. Papers, Vol. XLIX., No. 64.]
[Sept.] 711. Sir Thomas Lynch's explanations to the Assembly of Jamaica of the necessity for passing the laws. The laws should be passed because (1) it will quiet people's minds; (2) prevent disputes about titles; (3) raise the value of land; (4) attract men from Barbados and elsewhere; (5) hinder arbitrariness of Governors; (6) please the king and Council; (7) it may be we have no charter if we have not these laws; (8) unless we agree to our own laws we must have those of England however inconvenient.
The laws cannot be passed in their present shape, as tacked to the Revenue Bill, because (1) the Lords of Trade, on hearing of it unofficially, declared the proceeding a great indignity to the King; (2) the King himself has declared against tacking laws; (3) there is no precedent for it; (4) it is asking more than ever was granted by a King, to give him nothing and take everything; (5) it shows unparalleled distrust of the King; (6) there are many arguments against annual Assemblies; (7) the affairs of the Colony are in such a state that the King's Ministers will not be trifled with; (8) the Governor has seen how the Privy Council abridged the laws of other Colonies, which shows that it will do the like for Jamaica
The present time is favourable for endeavouring to pass the laws, because (1) the Governor has no particular instructions about laws, so he may be expected to pass a new Revenue Bill, without other laws tacked to it; (2) if the Assembly does not pass them, the Governor will probably receive positive orders to pass them in a way which it will not like; (3) in the impossible event that the laws were passed at home the new Act of Revenue need do no harm; (4) it will make a good impression at home; (5) if new instructions should come from home the Assembly will be unwilling to comply with them and the Governor unable to deviate from them; (6) the Island will not gain and the King will not lose; (7) if we refuse to make our own laws we can hardly complain of subjection to English laws with certain great inconveniences; (8) the Collector declares it difficult to collect the revenue without amendment of the Act; (9) while the revenue is on this footing it is impossible to alienate it. Copy. 2 pp. Undated. [Col. Papers, Vol. XLIX., No. 65.]
Sept. 29.
712. Sir Thomas Lynch to Lords of Trade and Plantations. Since my last, one Baister, master of a New York vessel, is come from New Providence. He says that Captain-General Clarke has four or five barco luengos and sloops with commissions of war, and is expecting a Jamaica privateer. They have taken a periago, a barco luengo, divers Indians from Florida, and seventeen from Cuba, whom they have sold for slaves. I am more than ever apprehensive of the consequences of this folly and rapine, but I can do no more than report it, for I have no authority to check it even if I had the means. Last week a small Dutch trader and a French boat came in to wood and water, with news that Laurence, a Dutch pirate, has captured the frigate which was carrying the pay for the soldiers at Porto Rico, St. Domingo, and Santiago de Cuba. He took her to Isle de Naia on Hispaniola, and sent to the French Governor, who never refuses commissions, whether before or after capture of a prize, provided he receives some present, as, for instance, a tenth share. The pirates are said to have divided seven hundred pieces of eight per man. A fortnight ago came one Don Gaspar de Montesdoco from Havana to buy negroes. He wants one hundred and fifty, but will hardly get so many, unless of runaways or men not worth the keeping. The Assembly met on the 21st instant. I spoke with the endeavour to remove misunderstandings which certain ill-informed people gave me to believe to exist among them, and hinted to them the reasonableness of trying now to get their laws passed. Two days later they desired me to explain myself, which I fully did, telling them that they must not expect the King to pass the laws while tacked to the Revenue Bill, nor to allow Assemblies convened by their own acts. I said all that my disordered head would permit me. They have, thereupon, voted a new Bill; and I believe they will send it to your Lordships' liking, and do everything to testify their obedience and gratitude to you and to the King. The people is much rejoiced at this reasonable and sober behaviour of the Assembly, and have great hope of an immediate and happy settlement, wherein I assure them of your favour. I have ventured to write to the Lords of the Treasury, Mr. Blathwayt having ordered his deputy to examine the accounts and press for the obtaining of a rental. The Council, myself, and every one but the Collector, think this impossible without having receivers in every precinct, and the Collector only gives false and trivial reasons against this (see ante, No. 710). Three days ago Don Josepe d'Ollo came here from Porto Bello. He left his barco luengo at Tuana, a leeward port twenty-five leagues from Port Royal, and came here in a sloop, being told that one Spurre, an English pirate, with sixty men, was on the coast. He brought me two letters from the Governor of Panama, which I enclose. I expect to hear that the Governor of Carthagena will send a like message to me, the reason being that it is difficult and dangerous to go to Curaçao. The Assiento has been interrupted, the Assientistas not having paid the King the contract, which is one thousand rials a ton. These Governors have seized two thousand negroes, but Don Josepe says they have compounded in Spain, and that the Assiento will be set on foot again. The chief men therein are certain Dutch merchants of Cadiz. Be this as it may, if we had negroes, the convenience of our ports that lie north and south of Carthagena and Portobello would certainly draw all the trade they may have with strangers to us, and possibly my presence here would not discourage them. But it is hopeless to think of a sufficient supply for such a trade when our own planters are so in want of slaves that the last ship had more buyers than negroes. In this way our best trade and our fairest hopes are like to be lost. I shall do all that I can to keep them, in the hope that the Royal African Company may have time to supply us fully. 1 fear that you may be offended at a judgment delivered here about that Company's patent. I should have prevented it, had I been able, by removing the cause to England, but both parties, Englishman-like, were positive. The Chief Justice has reported the case to Mr. Blathwayt. If the Act about negroes "choque" them I can get the Assembly to quash it, but I fancy that it would be better for the Acts to stand, and so think their factors. When the new Revenue Bill comes home you may do what you please and set that law aside, for it would make no great difference here. Holograph. 4 pp. Inscribed with a long précis. Recd. 8 Jan. 1682. Read at Committee 18 and 25 Jan. 1682–83. [Col. Papers, Vol. XLIX., No. 66, and Col. Entry Bk., Vol. XXX., pp. 92–96.] Annexed,
July 21.
712. I. The Governor of Panama to Sir Thomas Lynch. I am appointed Governor of this province, and have received an order from the King, my master, to agree for two hundred negroes in some of the Windward Islands which are friends to this Crown. Having always found friendship with the English in the Canary Islands, where I was born, I send Don Joseph de Ollo, fully accredited, to you to purchase these negroes. Signed, Don Pedro de Porette. Translation. ½ p.
Aug. 13.
712. II. The President of Panama to [Sir Thomas Lynch]. Three French men-of-war of fifty, forty-four, and thirtysix brass guns arrived at the mouth of Portobello Harbour; and there remained ashore a Portuguese who came with them, who declared that these ships belonged to a fleet of fifteen sail, well manned and equipped for a year, which was designed for some invasion. I give you, however, this advice for what may import the defence of your island. Signed, Don Pedro de Porette. Translation. Inscribed and endorsed. Recd. 8 Jan. 1682–[83]. [Col. Papers, Vol. XLIX., Nos. 66 I., II.]
Sept. 29.
713. The King to Sir Thomas Lynch. With reference to Sir Henry Morgan's report that, of four pirates apprehended and convicted, one only appears to be made an example (see ante, No. 431), our pleasure is that you cause this one to be executed, that two more be kept in prison till further order, and that the fourth, who turned informer, be left to the mercy of the Court. Countersigned, L. Jenkins. [Col. Entry Bk., Vol. XXX., pp. 74–75.]
Sept. 29. 714. Minutes of Council of Virginia. Proclamation dissolving the Assembly begun at James City 8th June 1680. [Col. Entry Bk., Vol. LXXXIV., p. 139.]
Sept. 29.
715. Petition of Daniel Mathews, in the prison at Boston, to the King. I was appointed a deputy searcher by Mr. Edward Randolph in 1680. At the end of June 1680 I seized the ketch Newbury, under his orders for breach of the Acts of Trade, and brought her to Boston for trial. The Court would neither admit Mr. Randolph's patent, nor our plea of the general issue. On 2nd August last I was taken in execution for 309l., and committed to close prison in the common gaol, where I have been ever since to the ruin of myself and family, until the ketch now under seizure be restored. I beg that you will direct the plea of general issue to be accepted, as the agents now with you have admitted that the Act allowing it is in force. Signed, Daniell Mathews. 1 p. Endorsed. [Col. Papers, Vol XLIX., No. 67.]
Sept. 30. 716. Journal of Lords of Trade and Plantations. The Lords agree to their report on the transportation of three hundred malefactors to St. Christophers (see No. 717). Sir Thomas Meres, one of the Commissioners of the Admiralty attending, the Lords considered the case of Captain Billop, and ordered that the papers be submitted to the Attorney-General and King's Advocate to report what legal steps can be taken against Captain Billop for the recovery of the negroes embezzled by him. Mem—Orders in Council of 3rd November 1680 and 3rd August 1682 were sent to Sir W. Stapleton.
Captain William Dyre's petition read (see No. 591). Agreed to report that his bond be re-delivered to him.
Petitions of Lord Doncaster and of Robert Barclay for grants of Florida and East New Jersey read. Agreed to report against them.
Agreed to recommend that Mr. Randolph be recalled to England. [Col. Entry Bk., Vol. CVII., pp. 62–65.]
Sept. 30. 717. Memorandum.—The Lords of Trade and Plantations think that no person who receives the King's pardon on condtion of transportation should be sent to the Plantations unless security of 100l. be first given that such person will remain there four years at least. On this condition the three hundred malefactors from St. Christophers shall be delivered to anyone who undertakes to transport them. Follows, A form of a condition to be inserted in the transportation pardons. Latin. [Col. Entry Bk., Vol. XCVII., pp. 83–84.]
[Sept. 30.] 718. Petition of William Dyre to Lords of Trade and Plantations. The King was good enough to make an order for my relief on 21st July, but Winder cannot be found nor heard of within the kingdom, and no one appears to prosecute the malicious charge against me. I beg that my bond may be delivered to me and that I may be discharged of his scandalous imputations and reinstated in my former position. 1 p. Inscribed. Recd. 30 Sept. 1682. Endorsed, "Granted." [Col. Papers, Vol. XLIX., No. 68.]
Sept. 30. 719. Memorandum.—That the Lords of Trade and Plantations, pursuant to Order in Council of 3rd August (ante, No. 642), are of opinion that Captain Dyre's bond should now be delivered to him and himself set free to take his legal remedy against Samuel Winder at New York. Printed in New York Documents, Vol. III., p. 321. [Col. Entry Bk., Vol. LXVIII., p. 56.]
Sept. 30. 720. Memorandum of the recommendations of the Lords of Trade respecting the foot companies in St. Christophers (see ante, No. 586). [Col. Entry Bk., Vol. XLVII., pp. 62, 66.]
Sept. 30.
721. The King to Sir William Stapleton. Recommending Captain Thomas Hill, Brigadier in the Duke of York's troop of Horse Guards, for a command in the Leeward Islands. ½ p. [Col. Entry Bk., Vol. XCIX., p. 177.]
Sept. 30. 722. The King to the [Governor and Company of Masschusetts?]. Ordering them to apprehend William Kelso, who is charged with treasonable language and treasonable actions. [Col. Entry Bk., Vol. XCIX., p. 178.]
Sept. 30. 723. Minutes of Council of Virginia. Order for the issue of Hues and Cries for the apprehension of certain unarrested rioters. [Col. Entry Bk., Vol. LXXXIV., pp. 130–131.]
Sept. 30.
St. James's.
724. Commission to Colonel Thomas-Dongan to be Governor of New York. Printed in New York Documents, Vol. III., pp. 328–329. [Col. Entry Bk., Vol. LXX., pp. 39–40.]
Sept. 30.
St. Jame's.
725. Commission to Colonel Thomas Dongan to be Captain of a company of foot soldiers at New York. [Col. Entry Bk., Vol. LXX., p. 41.]
Sept. 30. 726. Memorandum.—That the Duke of York continued the old establishment of pay for his officers and soldiers at New York, which was re-written and signed, 30th September 1682. [Col. Entry Bk., Vol. LXX., p. 41.]
[Sept.] 727. Copy of the queries presented by Edward Randolph and answered by the Attorney-General in 1681 (see ante, Nos. 92, 122). 1½ pp. Endorsed in Randolph's hand. [Col. Papers, Vol. XLIX., No. 69.]
[Sept.] 728. Petition of Edward Randolph to the King. Having seized some ships for infringement of the Acts of Trade, I was cast contrary to evidence and the laws of England, and was denied an appeal to your Majesty in Council. Names of the cases referred to, the Newbury, ketch, Swallow, sloop, Good Hope, pink. "Copy of the original sent to Whitehall by way of Bilbao in Sept. last." In Randolph's handwriting. 1 p. Endorsed. [Col. Papers, Vol. XLIX., No. 70.]
[Sept. ?] 729. Memorial of the Earl of Doncaster (see ante, No. 663). The gift of Florida is designed for the use of the Scots, and it is begged (1) because the Scots have yet no plantation, while their country abounds with people. (2.) The gift was offered to Colonel Lockhart in 1670 and was only refused because it was hoped that a more commodious place could be obtained. (3.) The same grant was intended for the Scots, and a patent drawn up for it in favour of the Duke of Albemarle in 1679. (4.) The country is still undisposed of. 1 p. Undated and unsigned. Endorsed as headed. [Col. Papers, Vol. XLIX., No. 71.]
[Sept. ?]
730. The King to Sir Thomas Lynch. Warrant for appointment of Sir Francis Watson to be of the Council of Jamaica. Date left blank. [Col. Entry Bk., Vol. XXX., p. 74.]