America and West Indies: October 1683, 16-31

Pages 518-532

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. 16. 1311. Minutes of Council of Jamaica. Bills for revoking naturalisation of Paine, and vacating irregular grants, read a third time and passed. Captain Morgan called in. Several affidavits against him read, to which the Governor added that he had already discharged him from the place of aid-major for violating the guards, beating the captain and other irregularities. Captain Morgan replied that he could not answer for the faults of others. The Council unanimously voted him guilty, and his commission as Captain of the Fort was cancelled. Captain Peter Beckford appointed in his place.
Oct. 17. Two new bills sent up by the Assembly. Roger Elletson brought before the Council and charged with malicious disturbances of the justices at sessions, with consorting with lewd fellows, and other charges, to which he gave no answer. The Council voted that he be suspended from practice in the Courts of the Island, and find security, himself in 1,000l., and two sureties in 500l., for good behaviour. He the same day produced his sureties. Message from the Assembly with the Revenue Bill, which was read twice.
Oct. 18. Revenue Bill read a third time and passed. Thomas Ballard, returned member for St. Catharine in the room of Edmund Duck deceased, sworn. Order for Peter Paine, who ran away with the ship La Trompeuse, to be transported to Petit Guavos and delivered to the Governor. Agreed that a post office for foreign letters, and also for an inland post, be erected in the Island. A Bill to open old paths to public watering-places read twice and returned to the Assembly with amendments. Order making Port St. Thomas and old harbour into ports of entry.
Oct. 19. The royal assent given to nineteen Acts, public and private. The Speaker delivered an address to the King. The Governor made a speech. Order for payments to the officers of the House. Adjourned sine die. Letter of the Clerk, transmitting the Minutes from 5th September to 19th October. [Col. Entry Bk., Vol. XXXVI., pp. 26–31.]
Oct. 17.
1312. William Blathwayt to Sir Leoline Jenkins, enclosing an account of the destruction of the pirate La Trompeuse by H.M.S. Frances at St. Thomas. Holograph. 1 p. Annexed,
1312. I. The account referred to. This gives no fresh details of the action, but adds at the close: We hear from Porto Rico that the Spaniards have taken and hanged the pirate Laurens and his crew last week. There is now no pirate abroad but Bond with a small ship and one hundred men. He is expected at St. Thomas where Captain Carlisle is ready for him. 1½ pp. Copy. Unsigned. Dated 18th August 1683. [Col. Papers, Vol. LII., Nos. 8, 8 1.]
Oct. 18. 1313. "A true and perfect narrative and relation of all the horrid and villainous murthers, robberies, spoils, and piracies committed as well in the American as the African seas by John Hamlyn, a Frenchman, who was commander of a French ship of thirty guns called La Trompeuse," delivered upon oath by Thomas Phips before Edwyn Stede. Deposition of Thomas Phips late of the ship Thomas and William, Richard North commander, in the service of the Royal African Company. In January the ship sailed from Barbados for Jamaica, having touched there with a cargo of slaves from Africa. Off Hispaniola, near the Isle of Ash, spied a ship standing towards us, which, coming up, ordered Captain North to strike, hoist out his boat, and come aboard, at the same time firing a volley of small shot and the great guns. North answered the fire, but was perplexed, some of the crew saying that this was an English frigate firing to make him strike his topsail-yard. Some of the crew hauled down the colours, while others presently re-hoisted them. North presently hoisted out the boat and sent his mate aboard the ship. There the commander, a Frenchman called John Hamlyn, told him that he was a pirate, and that if North did not at once yield his ship he would board him and give no quarter. They then clapped the mate in the hold, and put hand-vices on his thumbs to make him confess what they had on board. Hamlyn then sent the boat back with a message to North to yield. North called his crew together; some were for fighting, others for yielding. The pirate ranged up meanwhile and fired more shots, killing one man and wounding another. The captain was then sent on board the pirate; the whole of the crew was brought away except ten, and the prize manned by the pirates. They then made for a bay in Hispaniola, where they tortured the mate, the doctor, and all the rest of the men, squeezing their thumbs and privy members in vices, hanging them up in the brails by their hands tied behind them; and so found out what riches they carried. They then took all the guns and the best of the tackle and of the negroes, pressed Phips into their service as carpenter, carried off two more of North's men who came voluntarily, and putting North on board his ship bade him begone Shortly after, the pirate captured a pink from New England, and some of their men then left the pirate, which was called La Trompeuse. The pirate then made for St. Thomas, where she took a sloop from Jamaica, one of the crew whereof joined her, and in St. Thomas Harbour found two Guinea ships and a French man-of-war. The Frenchman weighed and sailed out in company with the two Guinea ships. The pirate followed, and coming up with one of them opened fire. The man-of-war hailed and asked how she dared fire at ships flying French colours? The pirate answered that he was a robber; but after exchanging a few hard words they saluted each other and so parted. The pirate then went back to St. Thomas and asked if the Governor would permit him peaceably to come into the port at his voyage's end. The Governor replied that he might freely come in and sent refreshments to the pirate, who, in return, sent him silks and satins and arranged with him a private signal. Soon after, the pirate saw a ketch coming in and captured her. She proved to be from Nevis, coming to cut wood, and had little on board; but the captain was tortured to find out what he had, and all that he had was taken. Then, having taken in wood and water and tallowed the ship, the pirates stood across for the coast of Guinea with a pilot picked up at St. Thomas. At the beginning of May they made Sierra Leone, and followed down the coast, generally anchoring at night, for they understood the coast to be full of ships. Their first prize was a Dutch interloper, from which they took all that they wanted and turned her into a fire-ship. They sold the goods to negroes for 2 lb. weight of gold. Next day we saw a large ship at anchor. The pirate as usual flew the King's Jack and pendant like an English man-of-war. The ship as she came near struck her colours and saluted; the pirate returned the salute and then anchoring before her forefoot poured in a volley and a broadside. She cut her cable, but could not escape, and was captured. She was a Flushinger, an interloper of twenty guns, with seventy pounds of gold on board and abundance of liquor. Everything was taken, and the prize turned into a pirate consort. Cruising on in company they came upon the interloper Sevenoaks, which, seeing them plying to and fro, thought they needed something and came to their relief. The La Trompeuse ordered the master to come on board, and on his refusal sent on board to fetch him, tortured him exceedingly, took all that he had, which was not much, and sunk the ship. Next day they took another interloper with some small quantity of gold, took everything out of her, put all the prisoners on board, and bade them begone to leeward. Next day passed Cape Coast Castle, saw first a pink and towards night two ships at anchor. Took them all three with little difficulty on the morrow; they tortured the men and got about twenty pounds weight of gold. Stood on for Accra, but overshot it, and went on towards Wheda. Captured three boats full of trading goods; took all the goods and men and sunk the boats. At Little Poapaw found an interloper at anchor; took her without resistance, and plundered her. Went on to Wheda, where found three of the African Company's ships. Drew near one, disguised as an English man-of-war, and poured in a broadside. The ship cut her cable and tried to sail out, whereupon the pirates boarded her, cutting down men right and left, captured her, and sent the men on board the pirate, where they tied the men up so tightly for the night that they were in torture. They found one chest of gold of fifty pounds weight, and, hearing of another, shot the gunner dead and flogged the rest of the men to make them confess where it was. They then sent on board another of the ships, which had been abandoned, and took 150 pounds weight of gold. The third ship cut her cable, and running ashore was wrecked, but the men saved the gold and took it ashore. The pirates then refitted and went off the coast to Cape Lopus, and in a few days came up with a large ship of the Dutch West India Company, mounting twenty guns. She surrendered without resistance, but had little on board but slaves. The pirates did not torture the Dutch, favouring them more than the English. Off Cape St. John's the pirates landed and divided the gold taken on the voyage, where, owing to quarrels, the company divided, and some went for the West Indies in La Trompeuse, and the rest in the other ship made for Cape Lopus. Before they parted they captured an interloper and a ship of the Royal African Company, and took what gold they had. La Trompeuse then sailed to Dominica, where forty men left her, and she kept but sixteen white men and twenty-two negroes on board. The blacks rose against the whites, but were beaten back with loss of three killed; and on 27th July the ship came to St. Thomas and made the private signal, and was admitted. They took their treasure ashore and were very kindly received by the Governor. H.M.S. Francis came in two days later, and was fired at both by the pirate and the forts. Hearing what ship the pirate was he set her on fire, and she blew up. Sworn before Edwyn Stede, 18 October 1683. 19 pp. [Col. Papers, Vol. LII., No. 9.]
Oct. 18. 1314. Duplicate of foregoing. [Col. Papers, Vol. LII., No. 10.]
Oct. 18.
1315. Declaration of William Penn. That he has bought of Machaloha all his land between Delaware River, Chesapeake Bay, and Susquehanna River, and warns all existing settlers to behave themselves, and all other persons not to settle without leave. Signed, Wm. Penn. With the seal of Pennsylvania, a poor impression. 1½ pp. Endorsed. [Col. Papers, Vol. LII., No. 11.]
Oct. 19.
New Hampshire.
1316. Governor Cranfield to Sir Leoline Jenkins. One, Mr. Wharton, brought a commission hither from the King to examine the claims to the Narragansett country. The Commissioners met on 22nd August at Mr. Richard Smith's house and ordered claimants to attend. All came except the Rhode Islanders, who sent word by their Marshal that we were an unlawful assembly. We proceeded with our work, and find that Mr. Wharton, Mr. Hutchinson, and several other gentlemen at Boston, are fair purchasers of Ninnicraft, the Indian King. The temper and methods of Government in Connecticut and New Plymouth is the same as in Boston, as corrupt but more ignorant. If the King take them into his hands as well as Boston it will effect a general reformation. There is matter enough to furnish the Attorney-General with grounds for cancelling their charters. If the King knew what a mean and scandalous sort of people the Rhode Islanders are, I doubt not that he would prosecute their charter also. In my opinion no reformation can be expected so long as the college at Cambridge sends forth trumpeters of sedition among the vulgar. I am credibly informed that they knew of the late horrible plot against the King. I appointed a day of thanksgiving for the King's deliverance, but the thinness of the congregations showed the general sentiment. Had I the power to search some of the ministers' and bigot laity's papers, I doubt not but that proof would be found of their complicity. Otherwise they would not have been so backward in obeying the King's orders, nor let fall words (as some of them did six months ago) that great troubles were coming in England. They counted upon such trouble to distract attention from their charter, as, indeed, happened in the late King's time. A quo warranto was brought against them just before the civil war broke out, and they were encouraged by this to look for the like again. The ministers clamour loudly against the Church of England, and until the English Universities supply us with a clergy there will be no true loyalty to the King. Signed, Edw. Cranfield. Postscript.—I enclose three Orders of Council. They are absolutely necessary, but the Assembly would not pass them into laws. 1½ pp. Endorsed,
1316. I. Order of the Governor of New Hampshire in Council for raising the value of foreign coins. 4th October 1683. Signed, R. Chamberlain. ½ p. Endorsed. Recd. 29 February 1683–84. Read 10 June 1684.
1316. II. Similar Order for regulating the thickness of pine boards. ½ p. Dated, signed, and endorsed as the foregoing.
1316. III. Similar Order for restraining the illicit trade with Massachusetts. 1 p. Dated, signed, and endorsed as the foregoing. [Col. Papers, Vol. LII., No8. 12, 12 I.–III.]
Oct. 19. 1317. Sir Thomas Lynch's speech on adjourning the Assembly of Jamaica. I thank you not for your prudence as legislators, but for your loyalty in supporting me to seclude from the Government the turbulent, uneasy, and insolent [Sir Henry Morgan and others, see No8. 1303, 1311] from the Government. You have acted dutifully in passing the Revenue for twenty-one years in spite of the opposition of a troublesome faction. I speak not from personal motives, for the expense and additional appropriation is a little hard on me, and may hinder the payment of my salary. Still I am well pleased, and I venture to say that the King will be so well pleased that he will make Assemblies as frequent as Councils. The Lords of Trade have promised as much. We may trust the King to do what is just for us in the matter of the negroes; I am sorry that it should be whispered that I have urged this from partiality to the Royal African Company. I dare not prorogue you at the present time; but go to your estates for a few weeks at any rate and adjourn. 3½ pp. Draft. Endorsed. Recd. 24 Feb. 1683–84. [Col. Papers, Vol. LII., No. 13, and Col. Entry Bk., Vol. XXX., pp. 194–201.]
[Oct. 19.] 1318. Address from the Council and Assembly of Jamaica to the King. Expressing the greatest horror of the conspiracy against him and the Duke of York, andjoy at his escape. Information (very brief) as to the business of the past Session, and thanks for the passing of the laws and the frigates. Signed, Samuel Bernard, Speaker, Fra. Hickman, Cl. Concil. Large sheet. Inscribed and endorsed. Recd. 9 April 1684. [Col. Papers, Vol. LII., No. 14, and Col. Entry Bk., Vol. XXX., pp. 201–203.]
Oct. 19.
Rhode Island.
1319. The Governor and Court of Rhode Island to the King. We received your former Commissioners gladly, but the present will not show their commission. It was our earnest desire to have treated Governor Cranfield and his associates as well as the former Commissioners. I had all documents ready, but not being allowed a sight of the commission could not but prohibit our people to attend them. Copy of the summons of the Commissioners and of our prohibition are enclosed. Signed, William Coddington. 2 pp. Endorsed. Recd. from Mr. S. Godolphin, 24 July 1684. Annexed,
1319. I. Summons of the Commissioners to enquire into the claims in the Narragansett country. Broad sheet, printed. 1 p. Endorsed. Recd. 4 Feb. 1684. [Col. Papers, Vol. LII., No8. 15, 15 I., and Col. Entry Bk., Vol. LXI., pp. 207–209.]
Oct. 19.
New Hampshire.
1320. Governor Cranfield to Lords of Trade and Plantations. Since Mr. Randolph's brother's departure I have spent all my time at Narragansett. On 22nd August we, the Commissioners, met at Mr. Richard Smith's house, having previously summoned the various Governments and jurisdictions. All appeared except Rhode Island, who, on the day of our meeting, met in General Court and sent a letter by Captain John Greene to prohibit our proceedings. We nevertheless continued our work, and we asked him to hear the King's Commission read, when he would know by what anthority we met there. He refused either to see or to hear it, and no sooner returned to court but a marshal was sent to proclaim us an illegal assembly, thus showing so much disrespect to our Commission as might, but for our moderation, have led to mischief. They are a people utterly incapable of managing a Government. The enclosed will sufficiently show their injustice and maladministration. Their former agents, Holden and Greene, set forth, in a petition to the King, that their troubles befell them owing to their consonancy with the Church of England, but they are well known to be far from that Church. As to their purchase of all the land of Rhode Island, Providence, and thereabouts from the Indian Kings, it was only during the life of William Coddington and his friends, and there are but two alive now that can be called his friends. The purchase, not being made in the name of the Government and its successors, must necessarily devolve upon the King. When the King's Commissioners sat at Narragansett in 1664 it was then called the King's province. They wrested all the lands from the neighbouring colonies in Colonel Nicholls's absence, without whom there was no quorum, so consequently the Act is invalid; nor, indeed, did Sir R. Carr, Colonel Cartwright, and Mr. Maverick make any determination; they only appointed two justices of Rhode Island to be conservators till the King's pleasure were known. I recommend the petition of Thomas Partridge, a poor helpless man whom they keep out of his father's possessions. One Christopher Almy, and several others, will address you for relief, for their records are so kept as to be inaccessible except at cost of much money and time. When Mr. Randolph first came to these parts as Collector he brought a commission empowering himself and several others, with the magistrates of Rhode Island, to administer the oath to the newly-elected Governors to observe the Acts of Trade. He left the commission behind him, and the oath was administered by one Mr. Brindley until May 1682, when the Governor, one Peleg Sanford, who is going home as Agent with Captain Arthur Fermer, refused to take the oath before Brindley, and, though he took it after he was withdrawn, never returned the commission. I hear that the Assembly has passed an Act for the keeping of it according to their minds. Their laws are repugnant to the laws of England, confusedly kept and not public, so it is hard to see them. They refuse the laws of England, telling the people that they have laws of their own making, and they are under no oaths, for they will not swear their Deputies. I might say much more of the corrupt and unjust proceedings of the Government. The persons that come over are declared enemies of the King and the Duke of York, and carried themselves disrespectfully to the King's commission. To speak impartially, the Colonies have not in their actions given sign of any other feeling, and never will until their charters are broke, and the College of Cambridge utterly extirpated, from whence these half-witted philosophers turn out either atheists or seditious preachers. Signed, Edw. Cranfield. 1½ pp. Annexed,
1320. I. Petition of Thomas Partridge to the King. My father, Alexander, was an inhabitant of Rhode Island in 1651, and was wrongfully kept out of his house and habitation by one Nathaniel Dickens. My father brought an action against Dickens and recovered the house, but Dickens, being ill-content, resorted to force and tried to break into the house while my father defended it. In the fight that ensued a man was killed, and the governor, who lived close by, endeavoured to disperse the people, promising that Alexander Partridge should be brought to legal trial. But in their rage they formed a Court of his enemies, condemned him to die, shot him, and put Dickens in possession of the house and land. I was reduced to great straits but managed to live, and last year I sued in the Courts of Rhode Island for my father's house, but could not get a hearing. I beg your Majesty's interference. I can prove my right and the truth of this petition. Dated 15th September 1683. Signed, Thomas Partridge. 1 p. The whole endorsed. Recd. 29 Feb. 1683–84. [Col. Papers, Vol. LII., No. 16, 16 I., and Col. Entry Bk., Vol. LXI., pp. 195–197.]
Oct. 20.
Derby House.
1321. Mr. J. Brisbane to William Blathwayt. With reference to the complaint of Lord Culpeper against Captain Tyrrell for carrying away a servant from Virginia, I enclose copy of a letter from Captain Tyrrell to the Admiralty (see ante, No. 983). Signed. 1 p. Endorsed. Rec. 22 Oct. [Col. Papers, Vol. LII., No. 17, and Col. Entry Bk., Vol. LXXXII., p. 243.]
Oct. 22. 1322. Sir Richard Dutton's report on the case of Thomas Forrester (see ante, No. 1227 I.). Mr. George Hannay informs me that he did take a house from Forrester for a gaol after the destruction of the common gaol by the hurricane of August 1675, but made no agreement for the rent thereof. Forrester petitioned the Governor, Council, and Assembly for the payment of the rent, but the Assembly, on my motion, answered that the King was to build and maintain a gaol out of the four-and-a-half per cent. duty. As to the rent, I recommend that some discreet persons in Barbados may be called upon to value it; and I may add that before my departure from Barbados, I appointed 100l. to be paid to Forrester on account. Signed, Ri. Dutton. 1 p. Endorsed. Recd. 22 October. Read 13 November. Approved in Council, 13 December 1683. [Col. Papers, Vol. LII., No. 18, and Col. Entry Bk., Vol. VII., p. 240.]
[Oct. 23.] 1323. Reasons advanced by the Royal African Company why the law of Jamaica fixing the price of negroes at eighteen pounds a head should not be continued. When the Royal Company was convened before the King in November 1680, it agreed to supply three thousand negroes annually at 18l. a head. The Jamaicans turned this into a law, which remains suspended during the King's pleasure. We, the Company, now begged to be released from that agreement, because the terms which were then advantageous are now the reverse. The number of interlopers increases; negroes cost a third to a half more than they did, and are difficult to procure. There is also a loss on the exchange from Jamaica. If it be objected that times may improve, we answer that in that case we shall be ready to lower our rates. We are texed with having failed to supply the stipulated number. We have made provisions in ships and goods for the full quantity, but many ships have been unable to procure negroes, and after lying many months have left with but half their load of uegroes, though with cargo all dispersed. Also, we have often lost a half to a third of the negroes shipped. Even if we had procured all the negroes we wanted, many commanders positively refuse to go to Jamaica in consequence of the laws. As the objection that if our price were not limited, we might, being monopolists, make it ruinous, we answer that we enjoy far fewer advantages than any other joint stock company. Negroes are not only very chargeable and perishable, but it is impracticable to keep any quantity unsold for many days; we must part with them for what we can get. Again, our accounts will show that we have pushed our trade so far and supplied all plantations so fully that our factors, some of them, write to us to desist. If the planters of Jamaica are short of supply it is their own fault. We should gladly have furnished them as well as the rest, but their light money must pass, else there are no payments, and they can charge what they please for their goods, whereas we are limited. If they object that our stock is too narrow, we answer that the Colonies have made it so, for they now owe us over 130,000l. We hope that the King, having incorporated us, will not subject us to terms which must be our ruin. We are envied for our advantages, yet our members have not had so much as interest on their money, though no stock has been managed with more faithfulness and care. Some pretend that if the trade were thrown open, it would be for general advantage. If they consider that the inhabitants with whom we trade, are such that no peace or correspondence could be continued with them without forts, and that strong foreign companies, particularly Dutch, are ready to take our forts if we abandon them, they will see their error. The success of a few interlopers may persuade unthinking men, but if the trade were abandoned to them it would soon cease. We beg therefore to be allowed the same liberty as others. Jamaica will profit by it as well as ourselves. Unsigned. Endorsed. Recd. 23 Oct. Read 30 Oct. 1683. 5½ pp. [Col. Papers, Vol. LII., No. 19, and Col. Entry Bk., Vol. I., pp. 96–105.]
Oct. 24. 1324. Order of the King in Council. Referring the matter of the appeal in Walter versus Wadleigh to the Lords of Trade and Plantations for examination and report. Signed. John Nicholas. ½ p. Endorsed. Recd. 3 Nov. 1683. Read the 6th. Dismissed 20 Dec. 1683. [Col. Papers, Vol. LII., No. 20, 3and Col. Entry Bk., Vol. LXVII., p. 96.]
Oct. 24.
1325. Instructions to Francis Lord Howard of Effingham, Governor of Virginia. Seventy-nine clauses. 2. Lord Culpeper's nominee, John Lear, is appointed Councillor. 27. A special clause for the support of the Church and maintenance of ministers. 46. All grants exempting planters from quit-rents are void. No man to take up more land than he can cultivate. 51–52. Tables of marriages and books of the homilies to be in every church. 54–56. Clauses to protect the Royal African Company. 57–58. Clauses for protection of Spaniards. 68. Certain Acts (complained of by Lord Culpeper) to be repealed. 73. A Government House to be built and a model thereof sent home. 77. Proceedings of the President and Council since Lord Culpeper's departure may be confirmed or disallowed as Lord Howard thinks best. [Col. Entry Bk., Vol. LXXXII., pp. 205–237.]
Oct. 24.
1326. Order of the King in Council. That a warrant be prepared granting licence to Lord Howard of Effingham, Governor of Virginia, to leave Virginia for any of the neighbouring Colonies if he see cause, provided his own Government be quiet and his absence do not exceed two months in the year. Signed, John Nicholas. ½ p. Endorsed. [Col. Papers, Vol. LII., No. 21, and Col. Entry Bk., Vol. XCIX., p. 242, and Vol. LXXXII., p. 245.]
[Oct. 24.] 1327. Duplicate of Lord Howard's proposals (see ante, No. 1273) with a minute at the foot. Derby House, 24th October. If the King see fit to send a vessel to Virginia, a ketch of about the force therein mentioned will be fit for that service. Signed, J. Brisbane. The whole, 2 pp. Endorsed. Read 30 Oct. 1683 [Col. Papers, Vol. LII., No. 22, and Col. Entry Bk., Vol, LXXXII p. 249.]
Oct. 24.
1328. Minute of the Privy Council. The oaths of supremacy allegiance, and office were this day administered to Lord Howard of Effingham on his appointment as Governor of Virginia. Form of the oath. [Col. Entry Bk., Vol. LXXXII., p. 244.]
Oct. 24. 1329. The Bishop of London to Mr. Mearn, "at his house in Little Britain." Ordering him to deliver to Lord Howard of Effingham for Virginia, 39 Bibles, fol. L. P. Camb. calf, 39 Common Prayers, fol. calf, 39 books of Homilies, fol. calf, 39 books of Canons, quarto stitched, 39 books of the Thirty-nine Articles 39 Tables of Marriages. One of each beforehand to Lord Howard. [Col. Entry Bk., Vol. LXXXII., pp. 263–264.]
Oct. 25.
1330. Henry Guy to William Blathwayt. Transmitting the copy of Lord Howard's proposals with the Admiralty's Minute (see No. 1327). ¼ p. Endorsed. Read 30 Oct. 1683. [Col. Papers, Vol. LII., No. 23, and Col. Entry Bk., Vol. LXXXII., p. 250.]
Oct. 25.
1331. The Deputy Governor and Council of Antiqua to Sir William Stapleton. On perusal of the Act for confirmation of the several persons on their lands in these Islands, we find Antigua excepted on the ground that there is already such an Act. We know of no such Act aud see no reason why Antigua should be excepted. We have offered it to the consideration of the Assembly, which seems averse to it, we know not why, and we conclude their reason to be private and without reference to the general good. We beg you to press the matter on the present General Council and Assembly, and beg the King for his confirmation thereof. Signed, Ed. Powell, Will Barnes, J. Parry, John Fry, Fran. Carlile. Nich. Raynsford, Jno. Vernon, J. Winthrop. 1 p. Endorsed. Recd. 4 June 1684. [Col. Papers, Vol. LII., No. 24, and Col, Entry Bk., Vol. XLVII., p. 139.]
Oct. 25. 1332. Journal of Council and Assembly of Antigua. The Governor and Council approved the report of the Committee respecting the port at Falmouth. [Col. Papers, Vol. XLI., No. 81.]
Oct. 26.
1333. Order of the King in Council. Referring the petition of the merchants of London trading to the Leeward Islands to the Lords of Trade and Plantations for their report. Signed, John Nicholas. ½ p. Annexed,
1333. I. Petition of the merchants of London trading to the Leeward Islands to the King. A law has lately been made at St. Christophers which, in effect, leaves the debtor at liberty to pay, or not to pay, his debts at his will, and we have reason to fear that the inhabitants of the other Islands will try to obtain a like Act to the ruin of petitioners. Pray the King's consideration. Thirty-three signatures. Copy. Certified by John Nicholas. 1 p. Annexed,
1333. II. An Act of St. Christophers for the speedier payment of debts. Copy. Certified by John Fox, Secretary. 1 p. Endorsed. Recd. 6 Nov. Read 6th and 13th November 1683. [Col. Papers, Vol. LII., No. 25, and Col. Entry Bk., Vol. XLVII., pp. 112, 113.]
Oct. 26.
1334. Order of the King in Council. That a copy of a petition of Samuel Hanson be delivered to Sir Richard Dutton for his reply, and to the Lords of Trade and Plantations for consideration. The Lords shall take special care to complete the examination of George Hannay before he leaves for Barbados. Signed, John Nicholas. ½ p. Annexed,
1334. I. Petition of Samuel Hanson to the King and Privy Council. Recounts previous history of the case. The first cause was heard on the 2nd and 9th October, but the hearing of the two latter put off at Sir Richard Dutton's instance for five months. Sir Richard and George Hannay, who has demurred to several of petitioner's questions, are returning to Barbados, which will cause petitioner to be detained in England six months longer, to lose Mr. Hannay's evidence, and to suffer prejudice in Barbados, where no witness will dare to swear against the Governor nor any judge or justice to take their depositions against him. Moreover, Sir Richard Dutton has done several other things against the King's interest and contrary to law, which petitioner asks opportunity of proving to the Committee. Petitioner therefore asks leave to prosecute Sir Richard at common law to recover the damages he has wrongfully sustained before his departure, being contented that he have bail for six months till he produce his witnesses; also that George Hannay's examination be perfected before his departure; that Commissioners may be appointed in Barbados to examine witnesses on both sides, and that Mr. Stede, Mr. Davers and Mr. Newton, of the Council of Barbados, may be examined on oath. 2 pp. Endorsed. Recd. 30 October 1683. [Col. Papers, Vol. LII., Nos. 26, 26 I., and Col. Entry Bk., Vol. VII., p. 200.]
Oct. 26.
Custom House.
1335. Commissioners of Customs to Lords of Trade and Plantations. We have considered Lord Howard's proposal to send a ketch to Virginia (see ante, No. 1273). We would remind you that on 23rd January 1682 we suggested that all the King's ships, and especially those going towards the West Indies, should have instructions to seize all vessels infringing the Act of navigation; we think that the appointment of a ketch to be stationed permanently at Virginia will be greatly for the good of the King's customs in England, so she receive instructions from us and be under the orders of our surveyor and collectors in Virginia and Maryland, subject, of course, to the Governors of those Colonies. If the King decide to send a ship we beg for timely notice, that we may prepare suitable instructions for her commander. We take the opportunity to suggest that a similar ketch might be sent to the West Indies, and that the men-of-war at Jamaica might also help our officers in that Island. Signed, Ch. Cheyne, And. Newport, J. Butler, G. Downing. 2 pp. Endorsed. Read 30 Oct. 1683. [Col. Papers, Vol. LII., No. 27, and Col. Entry Bk., Vol. LXXXII., pp. 250–252.]
Oct. 26. 1336. The same to the Lords of the Treasury. We have considered the two Acts of Virginia sent us by Mr. Guy, the one to prohibit the exportation of iron, wool, &c., the other to encourage the manufacture of linen and woollen. Having regard to the language of the Act of Trade of 15 Car. II., it seems disagreeable both to this and to the laws of other Colonies that the people of a Colony should be compelled to manufacture goods under penalties. The Act would damage the customs and trade of England and injure her relations with the Colonies. Moreover, the rewards provided under the Acts to encourage manufactures are levied out of commodities that come hither to market, whereby the price of the commodity is raised and paid by the people of England. Signed as the foregoing. 1½ pp. Endorsed. Recd. 6 Nov. 1683. [Col. Papers, Vol. LII., No. 28, and Col. Entry Bk., Vol. LXXXII., pp. 240–242.]
Oct. 27.
1337. Warrant granting Lord Howard of Effingham leave to visit neighbouring Colonies for two months in the year. Countersigned, L. Jenkins. [Col. Entry Bks., Vol. LXXXII., p. 246, and Vol. XCIX., p. 241.]
Oct. 27. 1338. Minutes of Council of St. Christophers. Order appointing Joseph Crispe, Roger Elrington, Zachariah Rice, and Charles Mathew to be a Committee to inspect the Acts lately sent by His Excellency, and to draw an Act for the ascertaining of lands to the possessors. [Col. Papers, Vol. L., No. 98.]
Oct. 29. 1339. Journal of the Assembly of Nevis. Samuel Gardiner and Robert Holmes were elected to meet the General Assembly of the Islands next day. [Col. Papers, Vol. LII., No. 4, and Col. Entry Bk., Vol. LXVIII., p. 24.]
Oct. 30. 1340. Journal of General Assembly of the Leeward Islands.
Present:—Ralph Willett, Speaker
William Willett
St. Christophers.
Samuel Gardiner
Robert Holmes
John Yeomans
Samuel Martin
Thomas Symonds
John Blacke
Proposals of the Governor: 1. I desire all laws to be alike in the respective islands, all being under one Government. Answer. We do not think that this will be advantageous and beg that the individual Acts of each island may be confirmed. 2. That all that was voted at the last General Assembly be now considered and worded as required to be sent home for the Royal Assent. Answer. We desire that the answers there given remain unaltered except as regards the style of enacting. 3. That a law be passed for preventing frauds in commodities brought from New England, and to oblige all boards to be a full inch thick instead of half an inch. Answer. We dissent. 4. That the gauge of casks be regulated. Answer. We desire that it be left as it is. 5. To prevent the severe exactions on sugar being at nine or ten shillings or anything under twelve shillings and sixpence to be paid to the creditor, a reasonable interest to be allowed. Answer. That ten per cent. interest-money on sugar shall be allowed upon all bills and bonds after they become due, for what shall be contracted after the publication of the Act for interest. 6. That a period may be put to the accounts of the Treaty of Neutrality and of the Indian war by gentlemen appointed for the duty. Answer, It shall be done. [Col. Papers, Vol. LII., No. 4, and Col. Entry Bk., Vol. XLVIII., pp. 25–28.]
Oct. 30. 1341. Journal of Lords of Trade and Pantations. Sir John Hoskins' petition for grant of Ascension, &c., read (see ante, No. 1202). The King's right to these lands to be inspected, as they are within the claim of the King of Portugal.
Sir Richard Dutton's petition read (see ante, No. 1310). Agreed that the merchants of Barbados attend on Saturday next, 3rd November, when the Lords will consider the question of fines in Barbados. Sir Richard Dutton to produce the necessary evidence, and Hanson's fine to remain for the present deposited in Sir R. Dutton's hands.
Sir William Stapleton's letter of 15th August read. Agreed that it be read at next meeting of Council.
Petition of Royal African Company read (see ante, No. 1323). The Jamaica merchants called in and both parties heard. The Lords agreed on their report (see No. 1349).
Report of Commissioners of Customs on Lord Howard's proposals read (see ante, No. 1335); also a report from the Admiralty approving the proposal to station a ketch of war on the coast of Virginia. The Lords agreed to report accordingly.
31st October. Colonel Hender Molesworth's appointment as Lieutenant-Governor of Jamaica ordered in Council. [Col. Entry Bk., Vol. CVII., p. 224–229.]
Oct. 31.
1342. Report of Lords of Trade and Plantations to the King. We think that it will greatly conduce to your service that a ketch of war of forty men and twelve guns attend the Government of Virginia, and receive the instructions of the Commissioners of Customs, provided that such instructions be always subject to the superior command of the Governor. [Col. Entry Bk., Vol. LXXXII., pp. 252, 253.]
Oct. 31.
1343. Order of the King in Council. Approving the foregoing report and directing that it be carried into effect. [Col. Entry Bk., Vol. LXXXII., pp. 253–255.]
Oct. 31
1344. Deputy Governor Witham to [Sir Leoline Jenkins]. My later advice from Guinea tells me that the damage done by the pirates was not so great as at first imagined, but now I can give you a full narrative from one who sailed in La Trompeuse (see ante, No. 1313). Most of the English under the command of one Morgan went in the other ship, when the two pirates parted company, it is supposed, to the South Seas. The French stuck to La Trompeuse. After she was burnt by Captain Carlisle, of H.M.S. Francis, the pirate, Captain Hamlin, with five more of his rogues, fled from St. Thomas in a small boat, hoping to join the French in Hispaniola. The rest stayed in St. Thomas, whereof the Governor, called, I believe, Adolphus Esmett, by his popular interest deposed the lawful Governer and took his place. Esmett is a general harbourer and protector of all pirates and rogues that resort to him. There are less than two hundred men on the Island, and about that number of women and children. He received a large share of Hamlin's booty. I send some of the returns required by their Lordships, of exports, with their values for eighteen months, and of the value of the four-and-a-half percent. duty, which has never been arrived at before. I have also sent the establishment of a Court of Pleas of the Crown lately erected, the want of which made insolent and disaffected spirits more turbulent than they will now dare to be. Summary proceedings will check them. I have had a dispute with Sir Timothy Thornhill, as shown in enclosed paper. Holograph. Signed, Jno. Witham. 3½ pp. Inscribed, Reed. 10 Feb. 1683–84. Annexed,
Oct. 3. 1344. I. Statement of Deputy Governor Witham. This day Sir Timothy Thornhill elaimed precedence of the whole Council, on the ground that he was a baronet, and the rest esquires, adding that if it were not granted he would cease to attend Council. I answered, with the concurrence of all the Council but one, that the honour of being a member of Council was greater in the Island than that of being a baronet, and cited the precedent of Sir John Yeamans, Bart., whose claim to take precedence of the Judges had been disallowed by William Lord Willoughby, and of Sir Charles Modyford, who took his precedence according to his seniority as Councillor. I therefore gave orders that Sir Timothy Thornhill was to take rank according to his seniority in Council only. Signed, John Witham. Copy. Attested by Edwyn Stede, 20th October 1683. [Col. Papers, Vol. LII., Nos. 29, 29 I.]
Oct. 31.
1345. Order to the Crown Law Officers to prepare a Bill, constituting George Hannay Provost Marshal of Barbados. [Col. Entry Bks., Vol. VII., p. 245, and Vol. XCIX., pp. 243, 244.]
Oct. 31.
1346. Deputy Governor Witham to Lords of Trade and Plantations. The Acts of the Island and the Minutes of Council and Assembly are transcribing for you. The other returns I hope will be satisfactory. There are many factious and seditious persons in this Colony who are tainted with the old leaven and humours of 1641, also many fanatics, though during my government they have given little trouble. Yet to keep the rod over them I have established a Court of Pleas of the Crown, with the same jurisdiction as that of the King's Bench at Westminster. Signed, Jno. Witham. Holograph. 1½ pp. Endorsed. Recd. 10 February 1683–84. [Col. Papers, Vol. LII., No. 30, and Col. Entry Bk., Vol. VII., pp. 221, 222.]
Oct. 1347. List of negroes consigned for Jamaica. March 1681 to October 1683. Contracted for, 8,500; taken in, 3,716; delivered, 3,020. None delivered in 1683, and only five hundred in 1682. ½ p. Endorsed. Rec. 23 Oct. 1683. [Col. Papers, Vol. LII., No. 31.]