America and West Indies: October 1683, 1-15

Pages 511-518

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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October 1683

Oct. 1. 1286. William Blathwayt to the Attorney and Solicitor General. Forwarding extracts of grants and instructions for appeals from the Colonies to the King in Council, for consideration and report.Draft. 1 p. [Col. Papers, Vol. LII., No. 1.]
Oct. 2.
1287. William Blathwayt to the Commissioners of the Admiralty. My Lords have received a complaint against Captain Tyrrell, R.N., from Lord Culpeper for carrying away a servant from Virginia. I am to request that Captain Tyrrell will attend them at some time when the Commissioners of the Admiralty can also be present. [Col. Entry Bk., Vol. LXXXII., p. 242.]
Oct. 2
1288. William Blathwayt to Henry Guy. Referring Lord Culpeper's statements respecting quit-rents and his salary to the Lords of the Treasury. [Col. Entry Bk., Vol. LXXXII., p. 238.]
Oct. 2.
1289. William Blathwayt to the Attorney and Solicitor General. My Lords desire your opinion on the following question: Whether the Governor, Council, and Assembly of Virginia may not by the King's directions, and with his approbation, pass an Act or Acts to vacate letters patent granted under the Great Seal of England. With reference to the grant of the quit-rents made to Lord Culpeper and others. [Col. Entry Bk., Vol. LXXXII., p. 239.]
Oct. 2. 1290. Journal of the Lords of Trade and Plantations. Lord Culpeper's report on the Church in Virginia read (see No. 1272). Lord Howard to be instructed to see the laws for support of the ministry enforced; to limit the parishes and eject scandalous ministers.
Petition of Samuel Hanson read (see No. 1040 1.). The parties and their counsel called in. Sir P. Colleton, Mr. Edward Littleton, Colonel Wardall, Mr. Edward Bradbury, and Mr. George Hannay being sworn, testified that the usual practice at Grand Sessions in Barbados in inflicting fines was for the Governor to write down three sums on a paper, which was carried round to each of the Council, judges and justices, who made their marks against the sum that they thought fit to be imposed as a fine. The Governor then imposed the fine which had the majority of marks. Hereon the Attorney-General was ordered to consider the Act for holding Grand Sessions in Barbados, and to report as to the Governor's power to fine without concurrence of Council. Memorandum of letters sent and received. [Col. Entry Bk., Vol. CVII., pp. 210–212.]
Oct. 2. 1291. Minutes of Council of St. Christophers. Order for renewing the work on the fortifications; negroes to come to work at ten on Mondays and sunrise on other days. Proposed by Council (1) that a committee be appointed to contract with the masons and carpenters for the building of the forts and Sessions-House; (2) that overseers be appointed to those works; (3) that wood be procured to burn lime for the same; (4) that the Committee be also empowered to contract for a sloop for transport of materials. Answers of the Assembly: (1.) We have appointed William Willett and Zachariah Rice. (2.) We agree. (3.) We ask for the Council's concurrence in permitting firewood to be cut in the mountains adjacent. (4.) We agree. Order that Cæsar Rodeney and James Phipps be joined to the gentlemen appointed to the Assembly for that Committee, and that they meet at Sandy Point Town next Tuesday in order to their work. The Governor's commission for the appointment of representatives for a General Assembly of the Leeward Islands, dated 1st October 1683. Joseph Crispe, James Phipps, and John Vickers of the Council, and the Speaker, William Willett, and Zachariah Rice of the Assembly appointed. Their instructions: (1) to ask to be excused from the General Assembly, and for St. Christophers to be governed by her own laws; (2) to ask that a fixed contingent of armed men may be appointed from every island to go to the help of the island first attacked; (3) to petition His Excellency to move the King to give a store of firearms. [Col. Papers, Vol. L., No. 98.]
Oct. 2. 1292. Minutes of Council of Barbados. Order for establishment of a Court of Pleas of the Crowd for the punishment of insolent, seditious and factious people, who now are encouraged to continue their evil practices through want of such a court. John Peers was absent without cause assigned.
Oct. 3. The Deputy Governor cancelled the Lieutenant-General's commission. The complaint of Samuel Newton against Sir Martin Bentley for indecent carriage at the interment of Ann, Baroness Dowager Willoughby of Parham, heard. Sir Martin confessed that, owing to the crowd of coaches, his coach was before Colonel Newton's. He had, however, punished his coachman for taking place of Colonel Newton's and intended no disrespect to the Colonel or to the Council. With this answer the Council was satisfied, and appointed that Sir Martin and his lady should henceforth not only know, but observe their places in the island. Sir Timothy Thornhill brought forward his claim to precedence as a baronet, which, being overruled, he left the Council without cause assigned. Warrants for payment of moneys due for work on the fortifications to John Merricke, carpenter, and Edmund Clipsham. [Col. Entry Bk., Vol. XI., pp. 583–597.]
[Oct. 3.] 1293. Petition of Planters and Merchants of Jamaica to the Lords of Trade and Plantations. We are not empowered by the Island to agree to any discontinuance of the contract of the Royal African Company to furnish Jamaica with negroes, and we hear that the Company still neglects to fulfil it. The Company wish to break the contract and sell their negroes as dear as they can, though other merchants engage to supply us with from three to five thousand at a reasonable rate. We told you lately that in consequence of the small numbers of negroes lately introduced, we should need five thousand the first year and three thousand every subsequent year. We beg that, if the Company is allowed to break its contract and charge its own prices, it may be compelled to provide us with a sufficient number of negroes, or it will simply feed the market with just enough to keep the prices at a ruinous height. Signed by William Beeston and five others. 1 p. Endorsed. Recd. 3 Oct. 1683. Copy to the Company 3 Nov., with notice to attend 6th. [Col. Papers, Vol. LII., No. 2.]
Oct. 3 to
Oct. 9.
1294. Depositions concerning the riot at the Point, Jamaica, on the night of the 2nd October. These include first, the depositions taken before Sir Henry himself on the 3rd October, which were afterwards renewed with several others in Council. On a blank page is a woman's deposition, dated 12th October 1683, that she heard Sir Henry Morgan say one night "God damn the Assembly," also a memorandum that several depositions were taken on the 13th October. 24 pp. Endorsed with a list of witnesses. Inscribed, Recd from Colonel Beeston. 21 May 84. The whole refers to Sir Henry Morgan's suspension from the Council. See post, No. 1302. [Col. Papers, Vol. LII., No. 3.]
Oct. 5. 1295. Minutes of Council of Jamaica. Four bills sent up by the Assembly, viz., a further Act for Surveyors, a supplemental Act, an Act for punishment of the idle and relief of the poor, and an Act against engrossing and forestalling. The last two were read three times and passed; the first was referred to a Committee of three. Petitions and complaints from Captains Churchill and Penhallow respecting the riot of October 2nd considered. Order for all concerned in the riot to appear before the Council on Tuesday, 9th instant, and that the Chief Justice suspend all further proceedings in respect of the riot. [Col. Entry Bk., Vol. XXXVI., p. 20, 20a.]
Oct. 6. 1296. Journal of Lords of Trade and Plantations. The Acts of Virginia passed on 10th November 1682 considered (see No. 775). Act respecting freedom of Indians. The Lords think that Lord Howard should endeavour to pass a law punishing wilful murder of Indians and negroes with death. Act prohibiting export of produce referred to Commissioners of Customs. Act for disbanding the garrisons and Act about arrests to be referred to Lord Howard for report. Act for encouraging manufacture of linens and woollens, to be referred to Commissioners of Customs for report. Act of Cohabitation, to be referred to Lord Howard for report. Other Acts confirmed. The whole of the laws to be revised and a body thereof transmitted.
On reading Sir Thomas Lynch's letter of 15th April and 28th June (see No. 1136), agreed to advise the issue of a dormant commission to Colonel Hender Molesworth as Lieutenant-Governor of Jamaica. [Col. Entry Bk., Vol. CVII., pp. 213–216.]
Oct. 6.
1297. William Blathwayt to Henry Guy. My Lords desire the report of the Commissioners of Customs on two Acts of Virginia: an Act prohibiting the exportation of iron, wood, &c., and an Act to encourage the manufacture of linen and woollen cloth." [Col. Entry Bk., Vol. LXXXII., p. 239.]
Oct. 6.
1298. Report of Lords of Trade and Plantations to the King. In the matter of Sir Thomas Lynch's recommendation that a dormant commission as Lieutenant-Governor should be given to Colonel Hender Molesworth, we are persuaded that it is good, and recommend that effect be given to it. [Col. Entry Bk., Vol. XXX., pp. 165–166.]
Oct. 7. 1299. Extract from a letter of Governor Cranfield. During my stay at Rhode Island two pirates came in. Pain was one of them, with a counterfeit commission from Sir Thomas Lynch styling him one of the gentlemen of the King's Bedchamber, instead of his Privy Chamber, whereby I knew it to be forged. Colonel Dongan and I asked the Government to arrest them, but they refused. [Col. Entry Bk., Vol. LXI., p. 195.]
Oct. 8. 1300. Journal of Assembly of Nevis. The Assembly met this day and was dissolved, there being no proposals passed by His Excellency and Council. On the 13th they were sworn. [Col. Papers, Vol. LII., No. 4, and Col. Entry Bk., Vol. XLVIII., p. 25.]
Oct. 9. 1301. Journal of Lords of Trade and Plantations. The power reserved to the County Courts of Virginia of making by-laws considered. All Acts conferring that power to be repealed. Lord Howard to be empowered to pass a new Act enabling counties or parishes to make by-laws subject to approval of Governor and Council.
Sir Richard Dutton and Mr. Hanson with their counsel called in. Mr. Samuel Husbands and Mr. Edward Littleton being sworn, deposed that no paper was sent round in this case to ascertain the fine to be imposed, and that Mr. Littleton asked Sir R. Dutton to make no innovation, but that no one else objected. At Sir R. Dutton's request the further hearing was deferred, to enable him to obtain evidence as to the two further appeals of Mr. Hanson. The Lords agreed to advise that the whole matter of the first appeal be heard by the Committee, and that five months be allowed for collection of evidence. The Act of Grand Sessions to be further considered.
Memorandum.—10 October. Received this day lists of officials of the Governor's life-guard, and an account of the fortifications of Barbados. 13 October. Sir W. Stapleton's letter of 15th August received. [Col. Entry Bk., Vol. CVII., pp. 217–220.]
Oct. 9. 1302. Minutes of Council of Jamaica. Address of the Assembly delivered by Colonel Barry and nine members, assuring the Governor of their loyalty to him, and of their willingness to support him in all measures for the preservation of the peace. His Excellency returned his hearty thanks. Thereupon Colonel Robert Byndloss was charged with disrespectful carriage towards the Council, in striking Thomas Martin and using provoking language, while discussing the late riot, towards Colonel Molesworth. After trial, agreed nem. con. that he be suspended the Council, and ordered to leave the town in an hour's time on pain of committal. Adjourned to the afternoon. The supplemental Bill read thrice and referred to a Committee of three. The Chief Justice gave his opinion that the Governor could release Captain Penhallow from the recognisances imposed by Sir Henry Morgan. The depositions taken before Sir Henry Morgan, and other depositions, read, and agreed that there was no ground for his proceedings. Recognisances therefore discharged. Enquiry into the riot continued. Adjourned to the morrow.
Oct. 10. Petition of masters of ships read, certain dimensions for the hogshead suggested by the Council to the Assembly. Captain Musgrave and Mr. William Archbold summoned for to-morrow morning. Bill for ordering of slaves, with the Council's amendment, returned by the Assembly, read thrice and passed. The bill for Surveyors read thrice and passed with an amendment, and sent to the Assembly, also the second bill on the same subject likewise.
Oct. 11. The Supplemental Bill returned to the Assembly with amendments. Captain Musgrave examined respecting the proceedings at the inquest on Edward Flood. Message from the Assembly to alter an amendment of the Council in the Supplemental Bill agreed to. Question put whether the passions and irregularities of Sir Henry Morgan did not disqualify him from continuing in his offices under Government. Sir Francis Watson and Colonel Ballard prepared his demission that he might with all regret be laid by. Sir Henry declared, however, that he would wait on the Council next day.
Oct. 12. The Governor charged Sir Henry Morgan with disorder, passions and miscarriages at Port Royal on various occasions, and for countenancing sundry men in disloyalty to the Governor. Sir Henry replied that he hoped he should not be charged with the faults of others. Put to the question, whether it be to the King's services that he be continued in any employment, and carried in the negative. Sir Francis Watson and Colonel Ballard would have continued him in the Council, but deprived him of all other commands. They also tried to defend him against the Governor's statement, that he had cursed the Assembly, which, however, was proved on oath by Mrs. Wellin. Sir Henry Morgan dismissed from all commands accordingly.
Oct. 13. Message from the Assembly with sundry bills. First Act for surveyors, with amendments, agreed to; second Act, with amendment, not agreed to; Supplemental Act, with amendments, agreed to. All of which were read and passed. Bill for vacating the naturalisation of Peter Paine read twice; also a bill for vacating sundry irregular grants. Bill for encouraging shipping read thrice and passed. A second message from the Assembly with two more bills. Several further depositions respecting the riot, and incriminating Captain Charles Morgan. Ordered that he attend on Tuesday 16th. [Col. Entry Bk., Vol. XXXVI., pp 21–26.]
Oct. 10.
1303. Journal of the Council and Assembly of Antigua. Letter from John Vernon, Speaker of Assembly, to the President and Council, asking for a day of public humiliation and thanksgiving for deliverance from a hurricane and for fine weather. The Assembly will not consent to any alteration of the Act of Extent. Answer of the President and Council. Thursday, 19th October, is to be the day of thanksgiving. The Council desires the Assembly's further consideration of the latter clause in the paper respecting the Act of Extent, conceiving it to be more agreeable to justice and to the credit of the island. [Col. Papers, Vol. XLIX., No. 81.]
Oct. 10. 1304. Lords Proprietors of the Bahama Islands to Governor Robert Lilburne. We learn from two letters to Lord Shaftesbury that there is a great number of privateers about your islands. The Governor of Jamaica has always men-of-war with him, so you will keep him fully informed as to these privateers and their movements. We have informed the Privy Council of our order to you to arrest Mr. Clarke. A frigate may speedily be with you to take charge of him. You will issue no commissions against the Spaniards, but report their depredations to us. As you think one-fifth of the perquisites of the royalties of the island will, if taken, bear hard on the people, we consent to take one-sixth only, and from Brasiletta one-tenth. We have appointed Isaac Rush to be Secretary. Signed, Craven, Albemarle, Bath (for Lord Carteret), Pr. Colleton. [Col. Entry Bk., Vol. XXII., pp. 14–15.]
Oct. 10.
1305. William Blathwayt to Sir Christopher Musgrave. Forwarding account of the Military Stores in Virginia. Annexed is the account, giving a list not only of the articles, but of the value set on them. Total value, 556l. 8s. 8d. Signed, John Page, Otho Thorp, James Archer. 3rd March 1682–83. List of arms for Lord Culpeper's company, 28th October 1678, and of equipment sent with him 6th December 1679. Among the items are byonets (sic). [Col. Entry Bk., Vol. LXXXII., pp. 258–263.]
[Oct. 10.] 1306. Narrative of the rebellion in New Hampshire in 1682, presented by Edward Randolph. The King's Governor arrived in October 1682, and on the 14th November a General Assembly was called, but adjourned on the 9th January following, the Governor being unwilling then to break with them. Later on the Governor with Major Walderne, Mr. Moody and others went to Boston, where he was civilly entertained, his object being to feel the temper of the people. The case of the ketch George soon showed it to be unchanged. Mr. Hammond, Moody's brother-in-law, came to Portsmouth in the extremity of the bad weather on 19th December, having two or three days before declared that he would not go thither till the spring. The result was that the ketch was allowed to escape. The Governor displaced Captain Stileman for this and put Captain Barefoot into his place. It was given out by many that the master and sailors had run away with the ketch without the owner's knowledge, and indeed the owner, Jefferies, avouched as much. The faction hoped by these means to persuade the Governor to take no further notice of the matter. I had, however, knowledge that some of Jefferies' servants had been hidden away in Maine, and they, being found, confessed that Jefferies had contrived the whole matter. At the trial the jury first found against the King, but being threatened with attainder under an Act of Henry VIII. amended their verdict. On the 9th January the Assembly met. They not only rejected or transformed the Governor's bills, but insisted on their claim to nominate judges and appoint Courts of Judicature, which is a right vested in the Governor by his Commission. Being wholly recalcitrant they were dissolved, and then Edward Gove, seizing upon the Governor's commission from the Duke of York, said that, the Duke being a papist, there was a design to introduce popery. He discoursed of his plot with Mr. Martyn and Captain Hall, the latter of whom informed the Governor, and Gove was apprehended at the head of a small party of horse. When brought before the Council he behaved very insolently. At his trial he confessed the fact, but justified himself by saying that the Governor's commission had been signed in Scotland and was therefore invalid. He was convicted and sentenced. Gove was condemned and the others respited. Here follows a copy of the address of the Bostoners to the King, and of the directions as to signing the same (see ante, No. 1100). The whole, 4½ pp. Endorsed. Recd. from Barbados, 10 Oct. 1683. [Col. Papers, Vol. LII., No. 5.]
Oct. 12. 1307. Minutes of Council of Virginia. The President produced his orders to the military commanders against the Indians which were approved. [Col. Entry Bk., Vol. LXXXIV., pp. 183.]
Oct. 15. 1308. Sir Christopher Musgrave to William Blathwayt. Acknowledging receipt of account of stores received from Virginia. ¼ p. Holograph. [Col. Papers, Vol. LIII., No. 6.]
Oct. 15. 1309. Journal of Lords of Trade and Plantations. Draft instructions to Lord Howard of Effingham read. Colonel Philip Ludwell to be ranked sixth or seventh in the Council of Virginia. A clause to be added reserving all fines and forfeitures to the King, and enacting that all money granted by the Assembly to the Governor shall be given to the King for the use proposed, with power to the King to dispose of it to such other uses as may be mentioned in the Act. The power of repealing laws to be left as in Lord Culpeper's instructions, and a clause touching by-laws to be added. A clause to be added respecting a house for the Governor. The instructions thus amended to be submitted to Lord Howard for his suggestions. Memorandum of letters received. [Col. Entry Bk., Vol. CVII., pp. 221–223.]
[Oct. 15.] 1310. Pettion of Sir Richard Dutton to Lords of Trade and Plantations. Petitioner hears that you intend to declare his setting of the fine against Hanson to be illegal, and would be glad to know if the money is to be repaid or kept until the cause be re-heard at the Board. He is also informed of your intention as to the indictment and conviction of Hanson for stealing guns. Petitioner being in no way concerned in that cause, except in his official capacity, begs that proper persons may be appointed to carry on that prosecution on the King's behalf, and that in this cause, as well as in the two last appeals, authentic certificates and affidavits may be admitted as evidence, since it is impossible to bring over all the necessary witnesses. Again, he would plead that the five months granted for bringing his proofs from Barbados is insufficient. He never in all his time received answers to his letters in less than seven months, and often longer. And since the first cause is to be re-heard, the time for the case should be considered with reference to the two appeals. Petitioner also begs for some time to be appointed for consideration of the present state of the Government of Barbados, and of the uncertain state of his powers. 1 p. Inscribed. Recd. 15 Oct. 1683. [Col. Papers, Vol. LII., No. 7, and Col. Entry Bk., Vol. VII., p. 200.]