America and West Indies: November 1683, 2-15

Pages 532-545

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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November 1683

Nov. 2.
1348. Governor Sir Thomas Lynch to Lords of Trade and Plantations. I have written frequently to Mr. Blathwayt and asked him to lay any matter of importance before you. On the 19th October the Assembly adjourned to 15th January, having amended all the laws formerly sent home in accordance with your directions, and made some few new ones, which, having no relation to the royal prerogative, will, I suppose, be readily passed. The Revenue is now for twenty-one years. One of the arguments I used to induce them to pass it was, that you had promised that these and the laws already passed should be confirmed for the same period, which I beg and trust that they may be. I am the more concerned that this should pass, because that little, drunken, silly party of Sir Henry Morgan's opposed it. They tried to raise broils about several Acts, and about the negroes Act whispered that I had been bribed to favour the Royal African Company. These things and their disorders at Point have given me more trouble than I ever had in my life. In sending the laws the Council and Assembly have presumed to tell the King what they have done, and to thank him. The address will be delivered to you by Sir Charles Littleton (see No. 1318). Among the laws is one repealing the patents about the harbours, royal mines, &c., which does that which you thought should be done by scire facias. This done, I think that there is nothing more for me to answer in your letter. The journals of Council and Assembly will also reach you with the laws, but to save you the trouble of following every detail, I give you a brief account of the reasons that induced me (at the instance of the Assembly and the advice of the Council) to remove Sir Henry Morgan, Colonel Byndloss, and Captain Morgan from all commands and employments. (1.) I well remember that your Lordships ordered Sir Henry Morgan to be put out of the Council, saying he was no more fit to be Councillor than Lieutenant Governor, but afterwards (I must beg pardon for it) I desired you to put him in, that we might all unite to fix the revenue and serve the King. (2.) Instead of uniting with me I found him little civil to me, mightily elated by hopes of my death, and of governing in my stead. In his debauches, which go on every day and night, he is much magnified, and I criticised, by the five or six little sycophants that share them. (3.) His particular creatures are one Cradock, Elletson, and others who have broken the peace, and affronted the Government. He has always endeavoured to countenance and justify them within the Council and without. (4.) All the troubles and disorders at the Point since I came have been caused by Captain Morgan, but Sir Henry has always protected him without respect to law, truth, or justice, and more than once forced me to go thither. (5.) Sir Henry and Captain Morgan have set up a special club, frequented by only five or six more, where (especially when the members are drunk), the dissenters are cursed and damned. The whole country was provoked by their taking the name of the Loyal Club, and people began to take notice that it looked as if he hoped to be thought head of the Tories; consequently I must be of the Whigs. (6.) The people, however, as well as myself, resented this, and as the club was carried on by a mere five or six that had neither sense, money, nor sobriety, it began to die, and the actors themselves grew afraid and ashamed of their parts. Then came the unlucky incident of the Falcon of which I have written to you (ante, No. 1249), when the jury was inclined to find the death of Wild's mate to be murder. One Coward, a dissenter, being forward in this, as Mingham the prosecutor also was, provoked Captain Churchill to curse and rail at dissenters on the Point. This suited Sir Henry Morgan and the club, who took Churchill's part against the jury, and made him one of their company. They had this great opportunity to inflame and misinform him. (7.) Churchill told me in my chamber (when I was sick) that Captain Penhallow and several credible and sober merchants designed to murder him on the day of thanksgiving for the King's deliverance, that he was prepared for it, and therefore escaped it by retiring to his ship, and that they had hired the rabble, and arranged that they should attack when such and such a song was sung. This he affirmed publicly in my hall before several members of Council and Assembly, adding that they would murder him because his name was Churchill and his family depended on the Duke, and that the Point was worse than Algiers. He afterwards came into the Council owning this, and saying that Sir Henry Morgan had told him so, and that he was a man of honour. And Sir Henry then seemed to assent to it. (8.) Moreover, at this time Sir Henry led me from the hall into the parlour, and told me there was a design to attack Captain Morgan and murder him, for fear lest I should make him major when Bach went off. Sir Francis Watson owned in Council that he said it to him, but Sir Henry afterwards seemed to deny it, being unable to give any proof of it. (9.) Captain Morgan and his accomplices having almost murdered Captain Penhallow, who was sober and helping to defend him and to keep the peace, Sir Henry thereupon imprisons Penhallow, and binds him and the rest over for the sessions. In rage and extravagant words he swore, to everyone's astonishment, that they meant to kill Churchill, and did not kill Morgan because Churchill was not there, just as fanatics would not kill the King because the Duke of York was not there. (10.) In his drink Sir Henry reflects on the Government, swears, damns, and curses most extravagantly. He did so to the Assembly as appears by affidavits in Colonel Beeston's hands. Had you full knowledge of his behaviour while Lieutenant-Governor, of his excesses, passions, and incapacity, you would marvel rather how he ever came to be employed than why he is now turned out. If he and his brothers had been less criminal I could not have acted otherwise, for the people are offended at being called duke-killing rogues, and such as would murder all that belong to the Duke. God is my record, I have never heard that his name was mentioned but with reverence, or that anyone refused to drink his health even when he was in exile. The Minutes of Council will show you the cause of Colonel Byndloss's suspension. I only add that he is one of the worst men I know. When I was Governor before, and he a Councillor, he took a pirate's false oath against me privately, and sent it home by Lord Vaughan's secretary. I would not live if my credit came into the scale with such a man.
I beg that if you approve of the suspension of the Morgans, you will send orders to that purpose, otherwise there will be troubles if I should die. These men are of great violence and no sense; they are enraged against the people and the people against them. I should have been kind to Charles Morgan for many reasons, and particularly on account of Mr. Secretary's recommendations, but he is so haughty, passionate, and given to drink, that it is impossible either to serve him or use him. He was the author of all the troubles at the Point, for some of which I was forced to deprive him of his commission of Aide-Major [Adjutant]. He has almost killed divers serjeants by beating them, though they are not in pay; a woman has sworn that he killed her husband; officers at the Point will swear that no serjeant or soldier would go to the castle for fear of him, and that many deserted; it is sworn that he never came to the Castle till 12 or 1 at night and then drunk, or so inflamed, that he beat serjeants and soldiers immeasurably for no fault; he and his accomplices were the aggressors in the brawl at the Point, and almost killed Penhallow, for which they are now bound over to good behaviour and to the Grand Court. Martin, the Receiver-General, complained to me the other day that Morgan had come to his office for money, and endeavoured to strike him for no reason except his own passion. No token of his malice seemed to me so great as his putting on new and light colours at the news of my wife's death, when everyone else wore black. Yet she was his kinswoman and had done him service. But I rake no further into filth and people's crimes, for I feel confident that you will support my action. In former letters I have declared to you the necessity of taking all prospect of the Government out of Sir Henry Morgan's sight, and that if the Duke of York's power were retrenched [in reference to the Governor's powers as Vice-Admiral], it would embroil the Government. I think that you will now admit that I was right.
I have made Colonel Molesworth Colonel of the Point, Bach, Lieutenant-Colonel, and Beckford, Major and Captain of the forts. I am sure that the forts will be the better kept, for he is a sober, stout, active man; and already I can see the difference. Captain Churchill is reasonable and says nothing, but will keep his sailors in order. We have had bad weather and great sickness, especially from small-pox at Port Royal, but more ships than ever yet were seen. Among them is a thirty-gun ship from Cadiz; all Spaniards on board except one Gill, who was agent to Mr. Bawden. He had agreed for eighteen hundred negroes from Barbados at one hundred and eighteen pieces of eight per head. Bawden thinking this too little has abandoned his agent, so he endeavours to buy negroes here, and probably may get credit for twenty or thirty thousand pieces of eight, and carry away three or four hundred negroes on the Spanish factor's account. They fear that the Dutch cannot supply sufficient, so would gladly draw all or part of that business hither, whether they can enjoy advantages not to be found at Barbados or Curacoa. Since the affair of Vera Cruz the Governors also incline to this, from their opinion that I love the Spanish nation. But all this means nothing unless we have negroes for them. I will do my part, but I beg your attention to the matter, I must send the Ruby when careened to the coast of the Main. I hear that pirates are there, and that Coxon is again in rebellion. Possibly she may convoy this Spanish ship to Carthagena. The Guernsey is gone to Petit Guavos to demand vessels seized from us, and to ascertain whether the Governor gives commissions of war, and for what reason fifteen or sixteen men-of-war with about two thousand men are just sailed thence. I will report the answer to Mr. Blathwayt. I confess that I am puzzled how to act. I have permitted some few of the French to pass hence for England, and others to Petit Guavos; and the other day one of our sloops brought in fifty-five that belonged to a captured Spanish ship. I have punished the master that brought them, but I durst not seize them or their money, as they do our vessels, because I have no positive orders. I hesitate to provoke the Grand Monarque or such a host of desperate thieves. They curse me already sufficiently about something written by some of the Governors to the Viceroy of Mexico, of my helping to drive them from Hispaniola. I have complained bitterly of it to Mons. Franquesnay. The craft sent out against traders have run away or been recalled; they were as frank pirates as La Trompeuse. I hope you will tell me whether I may not take satisfaction of the Dutch for what Augustine Alvares has done (see ante, No. 1249), considering that he is in their port, and they do not punish him. The Spanish Governors write to me "after quite another air," and I hope we shall have no more occasion to complain of their little thieves. Possibly interest of State and the profit of the Assientistas may induce them to station an agent here, which is a safe place thanks to the two frigates. I beg that they may be continued. Signed, Tho. Lynch. 8 pp. Endorsed with an abstract. Recd. 15th Feb. Read 28th Feb. 1683–84. [Col. Papers, Vol. LII., No. 32, and Col. Entry Bk., Vol. XXX., pp. 180–192.]
Nov. 3. 1349. Lords of Trade and Plantations to the King. We have considered the petition of the Jamaica planters, and the reply of the Royal African Company thereto. We recommend the repeal of the Order in Council of 20th November 1680, and of the Act of Jamaica concerning the rates of negroes, and that instead thereof the Royal African Company be ordered to furnish Jamaica with five thousand negroes for the first year from the date of the Order, and with three thousand every subsequent year. In return for their compliance the Company should be protected in every possible way. [Col. Entry Bk., Vol. I., pp. 105–106.]
Nov. 3.
1350. Account of the goods on Spurre's sloop. Showing the balance due to the King after payment of expenses of the Admiralty Court. Total value 1,175l. 19s. 8d. Expenses 213l. 11s. 6d. Net amount due to the King 962l. 8s. 2d. 2 pp. Endorsed. [Col. Papers, Vol. LII., No. 33.]
Nov. 3.
1351. Warrant for the delivery of six barrels of gunpowder to Lord Howard of Effingham for Virginia. [Col. Entry Bk., Vol. LXXXII., p. 255.]
No. 3. 1352. Journal of Lords of Trade and Plantations. In the matter of Orchard's petition against the Government of Massachusetts (see No. 1215), agreed that the petitioner can have no remedy till the charter of Massachusetts be vacated.
The Act for holding of Grand Sessions in Barbados considered. Sir Richard Dutton and the merchants of Barbados called in and both sides heard. Agreed to ask the King to determine whether the Grand Sessions are to be held by the Governor and Council, or Governor, Council, and justices. Petition of Samuel Hanson read (see No. 1334 I). Report agreed on (see No. 1368). [Col. Entry Bk., Vol. CVII., pp. 230, 231.]
Nov. 3.
1353. Summons for Colonel Bayer, Captain Freeman, Mr. Bawden, and others concerned in the Leeward Islands, to attend the Committee of Trade and Plantations on 6th instant. [Col. Entry Bk., Vol. XLVII., p. 111.]
Nov. 3. 1354. Journal of the General Assembly of the Leeward Islands. The Governor proposed (7) that two armed sloops should be kept permanently for the suppression of the Indians. Carried in the Assembly, lost in the Council. The Governor proposed (8) a new regulation as to bonds of masters of vessels. Answer.—An Act should be made for the same. (9) A present to his Excellency of 120,000 lbs. of sugar agreed to. (10) A gratuity of 20l. agreed to for Mr. Fenton and 10l. for Mr. Thorne, for their trouble in attending the General Assembly. *The Governor accepted the Assembly's proposal not to permit any person to be arrested within any of the Islands of the Government wherein such persons so arrested may be compelled to come to any other Island to answer any debt due from him.* In the Entry Book the item marked by asterisks is assigned to 7th November. [Col. Papers, Vol. LII., No. 4, and Col. Entry Bk., Vol. XLVIII., pp. 29, 30.]
Nov. 5.
1355. William Blathwayt to Henry Guy. My Lords expect the attendance of the Commissioners of Customs with their report on the two Acts of Virginia (ante, No. 1296) to-morrow afternoon at four. [Col. Entry Bk., Vol. LXXXII., p. 240.]
Nov. 6.
New Hampshire.
1356. Copy of Robert Mason's bill of costs against William Vaughan at the Court of Pleas, held 6th November 1683. Allowed by Walter Barefoot, Judge. Copy. Certified by R. Chamberlain. Scrap. Endorsed. [Col. Papers, Vol. LII., No. 34.]
Nov. 6.
New Hampshire.
1357. Copy of Robert Mason's bill of costs against Richard Waldern at the same Court. Similar to foregoing. [Col. Papers, Vol. LII., No. 35.]
Nov. 6.
New Hampshire.
1358. Copy of the record of the actions of Robert Mason against William Vaughan and Richard Waldern, 6th November 1683. Verdict for plaintiff. List of the jurors in the several districts. 2 pp. Endorsed. Recd. 4 Dec. '86 from Mr. Mason. [Col. Papers, Vol. LII., No. 36.]
Nov. 6. 1359. Journal of Lords of Trade and Plantations. Lord Culpeper's letter (see No. 1361) read, and referred to the Lords of the Treasury. Report of the Commissioners of Customs on certain Acts of Virginia read (see No. 1336). The Lords will advise an instruction to Lord Howard for repeal of these Acts. The representation of the Governor and Council of Virginia in the case of Thomas Sands read (see No. 568), saying that his claim had never been allowed to others, and if such claims were allowed they would exhaust the revenue. Agreed to refer the matter to the Lords of the Treasury. A circular letter to Lord Howard read and approved.
Sir Benjamin Bathurst and the African Company called in and acquainted with the decision between them and Jamaica. The Company and the Jamaican merchants to agree upon a draft Act and submit it to the Committee.
Report on the case of Sir R. Dutton and Samuel Hanson approved.
Petition of merchants trading with the Leeward Islands read (see No. 1331 I). The merchants called in and heard. Agreed to consider the matter when the Lord Keeper is present. Petition of William Freeman read (see No. 1276 I). Copy of the petition to be sent to Sir W. Stapleton and Mr. Bramley for report (see No. 1378).
Petition of Robert Wadleigh read (see No. 1324). The 4th December fixed for hearing of the case.
List of letters received and of documents delivered to Lord Howard. [Col. Entry Bk., Vol. CVII., pp. 232–237.]
Nov. 6.
1360. William Blathwayt to [Henry Guy]. Remitting the representation of the Council of Virginia, respecting a second free entry to be granted to Thomas Sands by the King's revenue-officers in Virginia, to the consideration of the Commissioners of the Treasury. [Col. Entry Bk., Vol. LXXXII., p. 256.]
[Nov. 6.] 1361. Lord Culpeper to William Blathwayt. I await the directions of the Lords of Trade and Plantations on the four following matters: — (1.) That care may be taken for the return of my goods from Virginia. (2.) That I may have the perquisites at least till Lord Howard's arrival. (3.) That I may be referred to the Treasury about the payment of my foot-company till 1st January 1680, which the Lords have omitted. (4.) That nothing may be done about Buller's petition respecting the deer-skins, the case being so very clear. I can attend you if I be wanted. Signed, Tho. Culpeper. Holograph. 1 p. Endorsed. Read 6 Nov. 1683. [Col. Papers, Vol. LII., No. 37, and Col. Entry Bk., Vol. LXXXII., p. 256.]
[Nov. 6?] 1362. Inquiries to be answered by Francis, Lord Howard of Effingham, Governor of Virginia. Thirty heads in all, asking information as to the legislature, courts of justice, statutes, military forces, fortifications; as to pirates, neighbours' armaments, boundaries, towns, parishes, rivers and harbours, commodities, population, shipping, trade, revenue, and expenditure. A vast deal of information is asked for which had already been supplied to the office more than once, and needed to be supplied only once for all. Signed, William Blathwayt. 4 pp. Endorsed. [Col. Papers, Vol. LII., No. 38.]
[Nov. 6.] 1363. Petition of the Royal African Company to the Lords of Trade and Plantations. A law has lately been passed in St. Chris-tophers, providing that creditors who sue debtors and proceed to execution shall be bound to levy it on such things as the debtor shall show, which shall be appraised by three of the debtor's neighbours, and accepted at their valuation by the creditor, who shall pay the debtor forthwith the overplus thereof. It is plain to what frauds such a law gives opening; we beg that it may not be confirmed. 1 p. Endorsed. Presented Nov. 6 1683. [Col. Papers, Vol. LII., No. 39.]
Nov. 6.
1364. Lords Proprietors of Carolina to Governor Sothell. We have transferred the appointment of the Secretary, in view of the importance of the office, from the Chancellor to the Palatine and Proprietors, and have appointed Mr. John Moore. We hear that Maurice Mathews and James Moore have contemptuously disobeyed our orders respecting the sending away of Indians, and we therefore put them out from being Deputies. Nor shall you nor Mr. Archdale employ them, for it would lead to ill results if a Deputy put out by the majority of the Proprietors for misdemeanour should be put in by another Proprietor without their consent. Signed, Craven, Bath (for Lord Carteret), Peter Colleton. [Col. Entry Bk., Vol. XXII., p. 20.]
[Nov. 6.] 1365. The declaration of William Fraser, respecting the common gaol of Barbados, formerly the house of Thomas Forrester. The house is a strong stone house, thirty feet long or more, and twenty broad; the timber used in construction strong and durable. Forrester told him that there was an agreement of 12,000 lb. of sugar for annual rent thereof, equal at 2s. 6d. per lb. to 75l. Fraser told Forrester that if he petitioned the King he should have trustworthy witnesses to produce, and Forrester named Sir Jonathan Atkins and Sir Peter Colleton. Fraser carried a letter from Forrester to a person of quality. 1 p. Inscribed. Recd. 6 November 1683. [Col. Papers, Vol. LII., No. 40.]
[Nov. 6.] 1366. A second paper on the same subject, recapitulating the previous history of the case, and suggesting to the Lords of Trade and Plantations that Sir Richard Dutton and Forrester should each appoint representatives to fix the rent, after which the arrears should be discharged, and the rent paid in future the four-and-a-half per cent. duty. 1 p. Endorsed. Recd. 6 November 1683 [Col. Papers, Vol. LII., No. 41.]
[Nov. 6.] 1367. Sir Richard Dutton's answer to the last petition of Samuel Hanson (see ante, No. 1334 I). Is content to leave the matter in the hands of the Lords of Trade and Plantations. ¼ p. Holograph. Endorsed. Recd. 6 November 1683. [Col. Papers, Vol. LII., No. 42, and Col. Entry Bk., Vol. VII., p. 201.]
Nov. 7.
1368. Order of the King in Council. Report of Lords of Trade and Plantations on the petition of Samuel Hanson. We have examined this case, both sides being represented by counsel. We think the fine inflicted by Sir Richard Dutton was irregular, but that the charge against Hanson is so serious that it should be again examined and heard by us, and that five months be allowed to collect the necessary evidence. And as the prosecution does not concern Sir Richard Dutton in his private capacity, we recommend that he be ordered to cause the necessary proofs to be taken, the fine of 150l. to remain meanwhile in your Majesty's hands till the cause be finally determined. We recommend also that the same space of five months be allowed to Sir Richard Dutton to prepare his defence against two appeals of Samuel Hanson; and that George Hannay be required to complete his examination by the end of a month, Hanson giving him a release to secure him from any damage that might otherwise accrue to him. Dated 3 Oct. 1683. Order in Council accordingly. Signed, Fran. Gwyn. [Col. Entry Bk., Vol. VII., pp. 201–203.]
Nov. 7. 1369. Minutes of Council of Barbados. Sunday, 18th instant, appointed a day of thanksgiving for the deliverance of the King and Duke of York. Ordered, that Sir Peter Colleton and Colonel Henry Drax supply with all convenient speed an account of the disposal and expenditure of the ginger and sugar consigned to them for the benefit of the Island. [Col. Entry Bk., Vol. XI., pp. 597, 598.]
[Nov. 7.] 1370. Petition of Sir William Stapleton to the King. Asking leave to come home, having served the King both at home and abroad since he was first capable of bearing arms, and acted as Governor of the Leeward Islands for the past eleven years. Endorsed. Read in Council Nov. 7, 1683. 1 p. [Col. Papers, Vol. LII., No. 43.]
Nov. 8.
1371. Samuel Hanson to Sir Richard Dutton. This is to apprise you that I intend to proceed against you for recovery of damages by two actions at common law. My attorney is Mr. Ralph Grange, Hare Court, Inner Temple. If you please to appear and put in bail to the said actions, which will be laid at 3,500l., you may save yourself some trouble and charge. If it be not done this week, I hope you will not take it ill if I take the methods directed by the law to oblige you. Copy. 1 p. [Col. Papers, Vol. LII., No. 44.]
Nov. 9. 1372. Petition of the Mayor and Common Council of New York to Governor Thomas Dongan. Detailing the existing institutions and asking for a new charter with the following privileges:—(1.) The old corporation to be divided into six wards. (2.) The freemen in each ward to elect their own officers. (3.) A mayor, recorder, six aldermen, and six common councilmen to represent the city and corporation. (4.) The mayor to be chosen annually by the Governor and Council from the aldermen. (5.) No magistrate to be admitted till sworn before the Governor and Council. (6.) The recorder to be appointed by the Governor and Council; also (7.) the sheriff; also (8.) the coroner and town clerk. (9.) The treasurer to be appointed by the whole representative body of mayor, recorder, aldermen, and common council. Signed, Beeremuth, Johannes van Brug, John Lawrence, Pieter Jacob Marius, Ja. Graham, Corn. Steenewick, N. Bayard. Countersigned, John West. Endorsed, with three separate reasons for the absolute necessity for the surrender of the whole charter before the new be granted. Signed, A[lured] P[opple]. Two large pages. Printed in New York Documents, Vol. III., pp. 337–339. [Col. Papers, Vol. LII., No. 45.]
Nov. 10. 1373. Journal of Virginia Assembly. List of Members of House of Burgesses.
Colonel William Byrd
Lieutenant-Colonel John Farrer
James Minge
James Bisse
Charles City.
Thomas Clayton. James City.
Colonel Thomas Ballard
William Sherwood
James City County.
Colonel William Brown
Major Arthur Allen
Colonel Arthur Smith
Captain James Powell
Isle of Wight.
Colonel James Lear
John Brashear
Colonel Lemuel Mason
Malachi Thurston
Lower Norfolk.
Captain Anthony Armstead
Baldwin Shepherd
Elizabeth City.
Captain John Langhorne
Captain Miles Cary
Henry Jenkins
Thomas Barber
Colonel John West
Charles Turner
New Kent.
John Buckner
Major Henry Whiting
Christopher Robinson
Abraham Weekes
Colonel John Stone
Henry Aubrey
Captain William Ball
Major Edward Dale
Colonel Thomas Brereton
William Presly
Lieutenant-Colonel Isaac Allerton
William Hardridge
William Fitzhugh. Stafford.
Colonel Daniel Jenifer
Edward Reuel
Colonel William Kendal
Thomas Hunt
The burgesses being summoned to the Court House, the Lieutenant-Governor made them a speech, recommending them, in view of the fact that Lord Culpeper was not arrived, to confine themselves to the discharge of the public liabilities. The burgesses being returned, presented Thomas Ballard as their speaker, who was accepted. Councillors appointed to administer the oaths to the burgesses. [Col. Entry Bk., Vol. LXXXV., pp. 1–4.]
Nov. 11. 1374. Summons for Robert Wadleigh to answer to the appeal of Walton against Walford and Amazeen on 11th December, [Col. Entry Bk., Vol. LXVII., p. 98.]
Nov. 12. 1375. List of papers received from the Plantation Office by Lord Howard of Effingham on 12th November 1683. Signed. Effingham. 1 p. Endorsed. [Col. Papers, Vol. LII., No. 46, and Col. Entry Bk., Vol. LXXXII., p. 257.]
Nov. 12.
1376. Deputy Governor Witham to [Sir Leoline Jenkins]. Since my last a vessel is come from Antigua, which reports that it is believed there that Morgan, the pirate, who parted from Hamlin of La Trompeuse, is now in these parts. He was seen at anchor at St. Thomas, where he had taken some ships and sloops. Signed, Jno. Witham. Holograph. 1½ pp. Endorsed. [Col. Papers, Vol. LII., No. 47.]
Nov. 13. 1377. Journal of Lords of Trade and Plantations. Sir W. Stapleton's letter of 30th August read (see No. 1223). Agreed that it be read in Council. Letter to Sir William respecting Freeman's petition read and approved (see next abstract).
Sir R. Dutton's report on the petition of Thomas Forrester read (see No. 1322). Agreed to represent it to the King.
In the matter of Robert Beverley, agreed to give an instruction to Lord Howard to prosecute him if evidence permit. In the matter of William Harrison and John Manly, pirates, it is thought fit that Lord Howard have power to pardon them.
Petition of Robert Wadleigh read (see No. 1221). The appeal to be heard on 11th December.
Memorandum of letters sent and received.
Petition of merchants of Leeward Islands read (see No. 1333 I). Agreed to advise the repeal of the obnoxious laws. Petition of William Freeman read (see No. 1380). The Lords will grant it as soon as Sir W. Stapleton's report is received. [Col. Entry Bk., Vol. CVII., pp. 238–241.]
Nov. 13.
1378. Lords of Trade and Plantations to Sir William Stapleton. We have received a petition from William Freeman praying to be relieved from a writ of partition granted by you to his partner, John Bramley. We therefore send you the petition and other papers to be answered by yourself and Bramley, and you will both appoint an attorney sufficiently empowered to answer the determination of Freeman's appeal. All other proceedings shall be stopped so far as to ensure no further damage to the petitioner's estate. Signed, Radnor, Guildford, Halifax, Beaufort, Ormond, Huntingdon, J. Bridgewater, Craven. [Col. Entry Bk., Vol. XLVII., pp. 111, 112.]
[Nov. 13.] 1379. State of the case between William Freeman and John Bramley. A brief account of the quarrel between the two. At the foot in a different hand:—We are of opinion, on perusal of the above, that the proceedings [of Sir William Stapleton] in respect to the division of the plantation are contrary to law, and a great oppression on William Freeman. Signed, Charles Porter, Tho. Goodinge. Large sheet. Endorsed. Rec. 13 Nov. 1683. [Col. Papers, Vol. LII., No. 48.]
[Nov. 13.] 1380. Petition of William Freeman to Lords of Trade and Plantations. Begs that his case in Montserrat may be examined by magistrates specially appointed, and the evidence collected by them sent to their Lordships. Without such direction no magistrate will be willing to meddle in an affair so distasteful to the Governor. ½ p. Endorsed. Recd. 13 Nov. 1683. [Col. Papers, Vol. LII., No. 49.]
Nov. 13.
Fort Royal,
1381. The Chevalier de St. Laurens to Sir William Stapleton. I have two complaints to make. The first is that the captain of a ship under your orders has burnt a ship which was taken from the King, my master [La Trompeuse], in spite of the protests of the Governor of St. Thomas. I am aware that she was employed as a pirate, and that the Governor gave the pirates refuge, but the captain should have confined himself to the five or six pirates that remained at St. Thomas, and left the ship, which was disarmed, alone. The second complaint is that one of your armed barques fired several musket shots at the crew of one of our ships at Dominica. She fired first under French and then under English colours, and the master of your barque forced the French crew to give them some men, and a canoe to go and take three Caribs who had come to the shore under the French flag. I demand satisfaction for this misuse and insult to the French flag. Signed, Le Chev. de St. Laurens. 3 pp. French. Endorsed. Recd. 12 Feb. 1683–4. [Col. Papers, Vol. LII., No. 50.]
Nov. 14.
1382. Order of the King in Council. On reading Sir William Stapleton's letters of 15th and 30th August last (see ante, Nos. 1188, 1223), ordered that an instruction be sent to him to seize the Governor of St. Thomas, who is complained of in these letters, to hinder, as far as possible, the further harbouring of pirates in the place, to procure satisfaction for past injuries, and to assert the King's right to the Virgin Islands, except St. Thomas. Lord Sunderland to signify the matter to the Danish envoy. [Col. Entry Bk., Vol. XLVII., p. 108.]
Nov. 14.
1383. Order of the King in Council. That Sir Christopher Musgrave, Lieutenant of the Ordnance, send twenty-two barrels of powder to Sir William Stapleton in return for eleven barrels supplied to His Majesty's ships Deptford and Frances. [Col. Entry Bk., Vol. XLVII., pp, 108, 109.]
[Nov. 14.] 1384. Petition of Sir Richard Dutton to the King and Privy Council. Details the account of the first action against Hanson. Hanson's appeal having been heard, your Lordships decided that the fine imposed by me was irregular. I submitted and heard your decision that the further prosecution of Hanson for stealing the guns should be heard by you on a future occasion. Meanwhile, time has been fixed for the preparation of documents, &c., for this trial and for that of two further appeals. Hanson, however, now sues me at common law, which not only renders your Courts in Barbados of little use, but the appeals to the King impracticable, since the parties now being summoned into England are liable to be vexed by suits while their causes are still pending before the King in Council. I therefore beg for instructions, whether to answer to the actions brought against me in Westminster Hall, or to the appeals before the King in Council, or to both. Copy. 2½ pp. Endorsed. Read in Council 14 November 1683. Mr. Hanson to answer it 16th. [Col. Papers, Vol. LII., No. 51, and Col. Entry Bk., Vol. VII., pp. 203–206.]
[Nov. 14.] 1385. Draft of an Act to encourage the Royal African Company to import negroes into Jamaica. Enacting that the Company shall fulfil the whole tenour of their former contract, and that the planters on their side shall engage themselves not to traffic with interlopers, imposing a fine of 5l. for every negro so bought. 1 p. Endorsed. Rec. from Colonel Beeston, 14 Nov. 1683. [Col. Papers, Vol. LII., No. 52.]
Nov. 15.
1386. Governor Cranfield to Lords of Trade and Plantations. The news of Gove's pardon has had a very ill effect on the people, as appears by the prosecution of Mr. Mason's concerns. After waiting for a twelvemonth for compliance with the conditions laid down in the King's Commission, and finding few or none to accept his terms, he brought his actions against most of the principals and obtained judgment against thirty or forty of them. Since which they have held several meetings and resolved to oppose the Provost Marshal or any others that attend the serving of executions on them. At the serving of one, the people in the house threatened to destroy any who endeavoured to force the doors with gunpowder, scalding water, and hot spits. The officer being compelled to desist, Mr. Mason desired the posse comitatus, but I thought this undesirable, the people being stirred up by Major Waldern, Mr. Moody, and Captain Vaughan. I have put the last named out of the Council for indecent carriage and dangerous words, and put Mr. Randolph in his place. Captain Daniel is since dead, and the Council is reduced to six. I cannot tell whom to recommend thereto. Thanks for obtaining me leave to go to Barbados for the winter, but I hope to be able to stick to my duty. Signed, Edw. Cranfield. 1¼ pp. Endorsed with a long précis. Recd. 29 February. Read 11 June '84. [Col. Papers, Vol. LII., No. 53, and Col. Entry Bk., Vol. LXVII., pp. 101, 102.]
Nov. 15. 1387. The King to the inhabitants of West New Jersey. Approving the appointment of Edward Byllinge as Governor. [Col. Entry Bk., Vol. XCIX., pp. 245, 246.]
Nov. 15. 1388. Minutes of Assembly of Virginia. The burgesses sent a message praying for the return of the records taken from Robert Beverley. Ordered that Mr. Secretary Spencer deliver them to members appointed by the burgesses. The order was subscribed by Edward Chilton, clerk of the General Assembly. The burgesses excepted against the signature, but appointed (saving the privileges of the House) four members to receive the records, who gave receipt for the same.