America and West Indies: April 1683

Pages 415-423

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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April 1683

April 2.
1034. Governor Cranfield to Sir Leoline Jenkins. I have shipped off Gove for England in the ship Richard. The captain is by agreement to receive twenty pounds. Signed, Edw. Cranfield (see ante, No. 1028). ½ p. Endorsed. [Col. Papers, Vol. L., No. 89.]
April 2.
James City.
1035. The Secretary of Virginia to Sir Leoline Jenkins. You will hear by this conveyance of the great indignity put on this Government by Captain John Tyrrell of H.M.S. Mermaid, in carrying away a servant of one Thomas Skevington, of which I also must apprise you. Some time after the arrival of the Mermaid in York River, Skevington with his servant Robert Aron went on board her, where the servant told the Captain that some time before he had served in H.M.S. Orangetree when Tyrell was her Captain. Tyrrell detained the servant; Skevington complained; I was ordered to desire the Captain to restore the servant, and on receipt of his reply a warrant was issued to the Sheriff to demand delivery of the servant, notwithstanding which the Captain carried him away. Copies of the documents are enclosed. From them you will perceive how the Government is slighted. Signed, Nicho. Spencer. 1½ pp. Endorsed. Rec. 31 May. Annexed,
1035. I. The Secretary of Virginia to Captain Tyrrell, R.N. Mr. Skevington's complaint of your detaining his servant on board H.M.S. Mermaid was heard before Council today. You are required not to export the said servant from the Colony, which if you presume to do, will be reported to the King as a high contempt of his authority. Signed, Nicho. Spencer, Feb. 22, James City. Copy. Certified by Nicholas Spencer. ½ p. Endorsed.
1035. II. Captain Tyrrell, R.N., to the Secretary of Virginia. I have received your letter requiring me to give up Robert Aron, who was lately enticed to come from Virginia as servant to the Governor. He belonged formerly to the King's ship Orangetree under my command, was deluded into coming to Virginia, and sold for a considerable quantity of tobacco to Mr. Todd in York River. He then came on board me as a volunteer, and I took him into the King's service, to answer for formerly leaving His Majesty's colours; but I would be obedient in anything that is for the King's service. The man who brought him to Virginia is here, and can tell the Governor on what conditions he came; but you may undoubtedly believe that Aron has deserted the King's navy, and as I am in want of men, owing to mortality, I do think that Aron, being a seaman, cannot serve the King better than on the Mermaid. The captain and boatswain that brought him over are willing, and I will be responsible to the Admiralty for exporting him from this Colony. I never enticed or persuaded him to come on board. Signed, Jon. Tyrrell, Feb. 23, H.M.S Mermaid, in York River. Copy. Certified by Nicholas Spencer. 1 p. Endorsed. Recd. 21 May.
1035. III. Warrant from Lord Culpeper to the Sheriff of York County, to go on board H.M.S. Mermaid and demand and bring off Robert Aron. Dated Feb. 24, 1683. Copy. ½ p. On same sheet,
1035. IV. IV. The Sheriff's return, dated 26th February. In obedience to my warrant I went on board the Mermaid and asked for Robert Aron. Captain Tyrrell said that he was ashore, and bade me come again. I went again on 28th February, when Captain Tyrrell said that Aron was on board, but that he was a deserter from the navy, and that he meant to keep him, but that his master, Mr. Skevington, should not be a loser, as the Captain and boatswain, who brought the servant over, were willing to pay all his worth. ½ p. Endorsed. Recd. 21 May. [Col. Papers, Vol. L., Nos. 90, 90 I.–IV.]
[April 2.] 1036. Duplicate of the above enclosures. 4 pp. Endorsed. Recd. 28 Sept. 1683. [Col. Papers, Vol. L., No. 91.]
April 4.
James City.
1037. The Secretary of Virginia to Sir Leoline Jenkins. I have given you an account of the affairs of the Government, and transmitted to you the Acts of Assembly. This is to crave your pardon for offering you so mean a present as a hogshead of tobacco, to which I have asked Alderman Jeffreys to give worth by presenting it. For its kind I hope that it's as good as can be produced by this country. Signed, Nicho. Spencer. Holograph. 1 p. Endorsed. Recd. 19 or 21 May. [Col. Papers, Vol. L., No. 92.]
April 7. 1038. The King to Sir William Stapleton. We have received a petition from Mons. de Chambré respecting a plantation in St. Christophers (see ante, No. 1027). The case will be tried in Europe, and meanwhile you will see that he is not disturbed in the possession of his estate, nor subject to taxes other than are established by law. Countersigned, L. Jenkins. [Col. Entry Bks., Vol. XLVII.,pp. 83–84, and Vol. XCIX.,p. 206.]
[April 7.] 1039. Commission to Edward Cranfield, William Stoughton, Joseph Dudley, Edward Randolph, Samuel Shrimpton, John Winthrop, Edward Palmes, John Pyncheon, junior, and Nathaniel Saltonstall, junior, to enquire into the titles of the various claimants to the Narragansett country. Countersigned, Sunderland. The date is left blank in this entry. [Col. Entry Bk., Vol. XCIII., p. 170.]
April 11.
1040. Order of the King in Council. Referring a third petition of Samuel Hanson to the Lords of Trade and Plantations for examination. The Lords are on Tuesday next to examine George Hannay, Provost Marshal of Barbados, he being just upon his departure from England. Signed, Francis Gwyn. ½ p. Incribed and Endorsed. Recd. 17 April 1683. Annexed,
1040. I. Petition of Samuel Hanson to the King and Privy Council. In July 1681 I bought a ship called the Berkshire which sailed from London fully equipped at a cost of about 1,100l. in September 1681, and arrived in Barbados 18th September 1682, which was before Sir Richard Dutton had heard of my appeal against his judgment to your Honourable Board. On the 19th September, Thomas Hyatt, master of the said ship, attended the Governor and duly performed everything required by law respecting the said ship. But one of the mariners, unknown to the master or myself, had before entry secretly landed sixteen elephants' teeth worth 6l. (of the growth of Africa which pays the King no duty), which was contrary to the law, which requires that no goods shall be landed before entry except living creatures, and takes 2,000l. security from the Captain not to depart nor take any person on board without the Governor's ticket, under heavy penalties. The Governor hearing of the matter on the 20th September committed the master to prison, there to remain till the heavy penalty of 10,000 lbs. of sugar, provided by the Act, should be dischrged. There he remained till the 28th November last, notwithstanding which the Governor, hearing in October that I had appealed to you as aforesaid, and was going to England to prosecute my appeal, not only committed me to prison on a frivolous charge, and kept me there five weeks on purpose to prevent my coming over, but to make my continuance more secure, knowing that I intended to ship a cargo and sail to England in this vessel on the 1st November, caused her to be seized and forfeited, and next day prevailed with Hugh Archer, Deputy Controller, to libel the same in the Court of Admiralty, whereof he himself is sole judge. Copy of the libel is annexed. On the 2nd November I and the master, who were both in prison, were cited to answer immediately to the said libel, which by our proctor we did, took a copy of it, and by advice of our counsel (though none durst sign it for fear) put in the plea and demurrer annexed. On filing this we were ordered to attend the court on 7th November to hear judgment, but were not permitted by the Provost Marshal to do so, nor could we prevail with any counsel (from fear, as I believe, of the Governor) to do so on our behalf. On this, the cause was put off till the following day when the Governor illegally overruled the demurrer ex parte in a Court of Admiralty and condemned the ship, her guns, tackle and furniture. After this she was exposed to freight for England for about a fortnight, when, as the whole Island, knowing the injustice that had been done, declined to put any goods on board her, she was sold by the inch of candle. She was put up at 250l., but no one would advance a penny upon her except John Steward, one of the Governor's creatures, who offered one pound more than the upset and was declared to have lawfully bought her. I was and still am denied copies of the proceedings on the condemnation of the ship, though I have often demanded and offered to pay for them. Moreover, one Benjamin Bird, who had several offices in the Custom House, and was a relation of mine and a servant to manage my affairs, for which I allowed him a yearly salary, was by the Governor's influence turned out of employment for negotiating my concerns during my confinement. On the 28th November I made my escape in the night to a ship which was sailing for England. A day or two later, one Hannay the Provost Marshal, was sent after me, who is arrived in England and has waited on the Lords of Trade and Plantations, and given some information against me, though not on oath, and is now going back, because the Lords have postponed hearing my appeal till Sir Richard Dutton's arrival in England. This delay is not only prejudicial to my private affairs, but still more because Hannay is a most material witness on my side. I beg, therefore, the hearing of this and my two former appeals, and that Hannay may be sworn and questioned according to interrogatories submitted by me; also that my case may be referred to the Judges of the Common Law and the Court of Admiralty. Signed, Sam. Hanson. Large closely written sheet.
1040. II. The libel and appeal of Hugh Archer, Deputy Comptroller-General of the Court of Admiralty of Barbados, with Hanson's and Hyatt's reasons for not answering the said libel. 2½ pp. Endorsed. Recd. 6 April 1683. Read in Council the 11th. [Col, Papers, Vol. L., Nos. 93, 93 I.–II., and Col. Entry Bk., Vol. VII., pp. 198–199.]
April 13. 1041. The Attorney-General to the King. On the Duke of York's surrender of a patent granting him Newcastle and other lands, you are hereby pleased to grant him that same town and all the river of Delaware, and a tract of land on the west side thereof from Shookill [Schuylkill] Creek on the Delaware to Bombay Hook and back into the woods so far as the Minquas country; and from Bombay Hook to Cape Henlopen, now called Cape James, and back into the woods three Indian days. Copy. Signed, R. Sawyer. 2 pp. [Col. Papers, Vol. L., No. 94.]
April 16. 1042. Minutes of Council of Virginia. Henry Whiting being summoned to appear to answer for using words of dangerous consequence, "if care be not taken for cessation, we must all go plundering with others;" and the same words being proved, was suspended from the Council and required to find surety for good behavior. [Col. Entry Bk., Vol. LXXXIV., p. 159.]
[April 17]. 1043. Interrogatories to be addressed to George Hannay, Provost Marshal of Barbados, in three causes depending between Samuel Hanson against Sir Richard Dutton. 6 pp. Endorsed. Recd. 17 April 1683. [Col. Papers, Vol. L., No. 95.]
[April?]. 1044. A chronological digest of the history of the three causes pending between Samuel Hanson and Sir Richard Dutton. 10 pp. [Col. Papers, Vol. L., No. 96.]
[April.] 1045. Answer of George Hannay to the interrogatories of Samuel Hanson. Signed, Geo. Hannay, 1683. 6 pp. [Col. Papers, Vol. L., No. 97.]
[April. 17] 1046. Journal of Lords of Trade and Plantations. The appeal of Robert Wright and Francis Pew against Robert Cornwall to be heard on Friday 27th.
Draft powers and instructions to Sir William Stapleton read and approved.
The Lord Privy Seal produced a letter from Lord Baltimore of 8th February (see No. 934) complaining of Mr. Penn's behaviour. Ordered, that the Lord Keeper examine the boundaries laid down in the patents of Lord Baltimore and of Mr. Penn, and in the Duke of York's patent for Newcastle, and meanwhile request the Duke to grant no conveyance of those parts to Mr. Penn till the dispute be settled. Sir John Werden undertook this on behalf of the Duke. Letters to be written to Lord Baltimore and Mr. Penn to compose their differences.
In reply to Mr. Jeaffreson, the Lords explained the word men, used in respect of malefactors for transportation, to include women.
Hanson's further complaint read (see No. 1040 I). Mr. Hannay to answer Mr. Hanson's Mr. Hanson's interrogatories (see No. 1043). Memorandum of documents despatched and received. [Col. Entry Bk., Vol. CVII., pp. 136–141.]
April 18. 1047. Journal of Council and Assembly of Antigua. Order of his Excellency of 29th March, forbidding proceedings against those absent on the expedition against the Indians until their return, and asking for provision for the wounded and families of the killed. Message of the Council desiring the Assembly's concurrence in drawing up an Act to that effect. Message of the Assembly concurring; the proportion of grants for wounded or killed to be settled by two members of Council and two of Assembly. [Col. Papers. Vol. XLIX., No. 81.]
April 20. 1048. Minutes of Council of St. Christophers. Ordered that the Militia begin on the 21st instant to keep guards and horse rounds as formerly. [Col. Papers, Vol. L., No. 98.]
April 20. 1049. Abstract of proceedings of Council of St. Christophers from 20th April 1683 to 20th January 1684. 1½ pp. [Col. Papers, Vol. L., No. 99.]
April 23.
1050. The Governor and Council of Barbados to Lords of Trade and Plantations. Forwarding quarterly returns of the proceedings of Council from 7th December to 7th March, and of imports within the same period. Signed., Ri. Dutton, Fran. Bond, Robert Davers, Richard Howell, Sam. Newton, John Peers, Edwyn Stede, Henry Walrond, Thomas Walrond. ½ p. Endorsed. Recd. 27 June 1683. [Col. Papers, Vol. L., No. 100, and Col. Entry Bk., Vol. VII., p. 187.]
April 23. 1051. Minutes of Council of Barbados, Order for a further advance of money to Simon Cooper for the Magazine, and for payment of six months' salary to the Clerk and Marshal of Assembly, for discharge of Edwyn Stede's disbursements in respect of stores and arms, and for payment of a year's salary of 50l. to Richard Bate.
April 24. Order for payment to Samuel Newton for bricks for the Magazine, and for payment of the gunners and matrosses of Hole's and Oistin's forts. John Saunders to do the carpenter's work at the Magazine. Address of the Council and Assembly to the King. The Assembly brought up a Bill for the further accommodation of the Governor on his intended voyage, which was read thrice and passed. [Col. Entry Bk., Vol. XI., pp. 563–569.]
April 23. 1052. Journal of Assembly of Barbados. No quorum present.
April 24. The levy upon windmills falling short by 110l. of the sum granted to the Governor, ordered that it be made up out of the money raised by the Excise Act. The Assembly's year expired this day. [Col. Entry Bk., Vol. XIII., p. 520, 521.]
April 26.
Hampton Court.
1053. Order of the King in Council. That the draft of powers and instructions for Sir William Stapleton submitted by Sir Leoline Jenkins, which were this day read and approved by the Board, be prepared for the royal signature.Signed, Francis Gwyn. ½ p. Endorsed. [Col. Papers, Vol. L., No. 101.]
April 26.
1054. Order of the King in Council. On the petition of Sarah Bland, ordered that the Clerk of the Council in waiting do take sufficient security of Sarah Bland for her appearance at her appeal to the King in Council, and that she be excused from giving any further security in Virginia.Signed, Francis Gwyn. [Col. Entry Bk., Vol. LXXXII., pp. 119–120.]
April 27. 1055. Journal of Lords of Trade and Plantations. Mr. Cranfield's letter of 1st December read (see No. 824). In the appeal of Wright and Pew against Cornwall the Lords decide that the appellants put in their exceptions to former judgments in writing, to which the defendant shall reply in writing, when the whole case shall be referred to the Governor of New York for report.
Lord Baltimore's agent, being in attendance, was informed that, if he had any complaint to prefer against Mr. Penn, he could represent it to the King in Council. [Col. Entry Bk., Vol. CVII., pp. 142–144, and Vol. LXVII., p. 57.]
[April 27.] 1056. Papers relating to an appeal brought before the Lords of Trade and plantations in the case of Robert Wright and Francis Pew against Richard Cornwall.
1056. I. Judgment of the Court of Assizes at New York in the first appeal from the Court of Sessions, confirming its decision with costs against appellant. 1p. Endorsed. Recd. 27 April 1683.
1056. II. Bond given by Robert Wright to prosecute his appeal in England, 7th October 1682. 2pp.
1056. III. Deposition of Elias Doughty in reference to the case, 20th November 1682. Sworn before Sa. Arnold and Thomas Willett, Justices.Endorsed. Recd. 27 April 1683. [Col. Papers, Vol. L., Nos. 102 I.–III.]
April 27. 1057. Minutes of Council of St. Christophers. Ordered that persons elected to the Assembly, and not appearing to be sworn at the return of the precept, forfeit 2,000 lbs. of sugar for the fortifications. [Col. Papers, Vol. L., No. 98.]
April 28.
St. James's.
1058. Instructions to Lucas Santem, Collector of New York.Printed in New York Documents, Vol. III., pp. 335–336. [Col. Entry Bk., Vol. LXX,, pp. 46–47.]
[April?] 1059. Draft of a memorial in answer to Monsieur de la Barre, Governor of Canada. The King has considered Mons. de la Barre's letter of 11th November 1682. The complaints therein put forward are as follows:—1. That the English in those parts have furnished the Iroquois, old enemies of the French, with arms and ammunition in trade for furs. 2. That Mons. de la Barre, in attacking the Iroquois, cannot help attacking those who give them arms and shelter. He therefore begs the Duke of York, as proprietor of New York, to forbid such giving of arms and shelter. 3. The Hudson's Bay Company is beginning to build habitations in French territory. Mons. de la Barre will not trouble the English commerce at sea, but, if they continue to advance on land and debauch the Indians he will have the English expelled. In reply it is urged as follows:—The colonies formerly called Manhaters (sic) and Orange are English territory, now called New York and Albany, and were discovered, by an Englishman, Hudson, about eighty years ago. In 1664 the King granted these territories to the Duke of York, and Colonel Nichols was appointed Governor. The Dutch took the colony in 1673, but it was restored at the treaty of Westminster 1674. It is surrounded by British colonies on all sides. The Iroquois stretch northward from British territory to the Canadian lakes, and their country has never been disputed to be under English sovereignty till Mons. de la Barré raised the question. The tribe, however, occupies territory beyond, as well as on this side of, the Canadian lakes, and is, by its own will, under the government of New York; the different nations thereof are the Oneydas, the Maquois, the Onandagas, the Coyogues, the Senecas. All five of these have always been on good terms with Albany, and avow themselves to be under English sovereignty. But the Maquois quarrelled constantly with the French Canadians till 1688, when a peace was made and trade opened. The French sell them every kind of liquor and weapon. In 1675 the Governor of Albany found it necessary to visit the Maquois, and went even to the stronghold remotest from Albany. His officers were received with submission everywhere, even-by the Senecas, the most distant of all Iroquois. The Maquois were the first that attacked the rebel Sachem Philip in New England, and did excellent service. The result has been that the English are much mixed up with them over a large territory. The Indians living by hunting wished to get fire-arms, and they get as many from Canada as from New England or Virginia. It is baseless to assert that the English should be attacked for furnishing the Indians with arms. They cannot justly refuse to sell them arms as hunters and also as allies. As to Hudson's Bay the English in eighty years have taken possession of sundry places, without ever catching sight of a French sail. The Company, about fifteen years ago, explored further, and found a river at the head of the bay, made friends of the Indians, and have trafficked with them without interruption. It was then incorporated and granted its territories, and the treaties were confirmed with the Indians. In 1673 the French Governor of Canada lived on good terms with it, and certainly never complained as Mons. de la Barré does of its establishing trade settlements. The forts lately built are further from Canada than the Fort Charles built after the first exploration, and though they are on the coasts of the bay the Company upholds its right to penetrate much further inland by virtue of its patent. The King, on the whole matter, thinks that the people should not be interrupted by Mons. de la Barré, and begs that the French King will give orders accordingly.French. 9pp. [Col. Entry Bk., Vol. XCIX., pp. 197–205.]
April 30.
1060. Commission from Sir Richard Dutton to John Witham, to be Deputy Governor of the Island of Barbados.Copy. 1½ pp. [Col. Papers, Vol. L., No. 103, and Col. Entry Bk., Vol. VII., pp. 192, 193.]