America and West Indies: June 1684

Pages 645-664

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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June 1684

[June 2.] 1719. Information of Henry Tucker of Bermuda of the taking of New Providence by the Spaniards. A meagre hearsay account. 1¼ pp. Endorsed, Recd., from Sir W. Stapleton, 2 June 1684. [Col Papers, Vol. LIII., No. 115.]
June 3. 1720. Commission of the Lords Proprietors of Carolina to Robert Quarry to be Clerk of the Crown and Peace for the province lying south and west of Cape Fear. Signed, Craven, Bath (for Lord Carteret), P. Colleton.
Commissions issued on the same day to Francis Harly to be Secretary of the north part of Carolina, and to Timothy Biggs (by Sir Peter Colleton) to be surveyor-General of the same. [Col. Entry Bk., Vol. XXII., p. 35.]
June 3. 1721. Thomas Amy, a proprietor of Carolina, to Robert Quarry. Appointing him his deputy in the province south and west of Cape Fear.
Similar deputations given by Lord Albemarle to Colonel John Godfrey and by Sir Peter Colleton to John Moore. [Col. Entry Bk., Vol. XXIX., p. 29.]
June 3. 1722. Lords Proprietors of Carolina to Governor Sir R. Kyrle. We sent you by last ship your supplementary instructions, and the King's order for passing an Act against privateers. You will see that the latter is observed, for several lewd persons of various nations have got together in America and commit piracies on the King's subjects. They may try to use some port in Carolina where they are not known. In that case you will do your best to seize them and inform us, for it will be a very acceptable service to the King. And since a Governor cannot always be in Charlestown and the town is liable to surprise by pirates (as lately happened at Providence), we desire you to commissionate a regular Governor for Charlestown to be responsible for its defence in your absence, with power to call out the militia. We have chosen Robert Quarry for this post, but we leave it to you to commissionate him that he may be the more subject to you. We have since the 10th May sent several fresh instructions concerning land-grants to Governor Moreton, of which we send you copies. We find that the people have assumed to themselves a power to choose new members for the Grand Council as often as they please. This is not right, and must not be permitted in future. When you shall have informed us that those now in Council of the people's choice misbehave themselves, and that by the accession of many worthy men to the place the people may have men to choose that are better qualified than the present Council, we shall take care to appoint a time for a new choice with sufficient notice for all. Some evil men have of late made a trade of enslaving and sending away the poor Indians, for which purpose unjust wars have been made on them and many other ill things done. We desire you to read and execute our orders of 30th September 1683, for we find that our directions have not been obeyed. We find that Mr. Mathews, the Surveyor-General, has been the ringleader, and we therefore order him to be dismissed from his office, and a new Surveyor appointed; and we think right also for the King's honour that he be dismissed for all employment whatever. We have sent deputations for Colonel Godfrey and Mr. Barnard Schenking to take the place of Mathews. You will report to us if the deputations have been delivered to them. We did not mean in our letters of 30th September that Parliament should licence the transporting of Indians bought of other Indians, nor will you permit it, for it is only an encouragement to keep those poor people at war with each other. We learn that some evil-minded persons have been persuading the people that they would find ways to avoid the payment of the rent of a penny per acre. We grant land by indenture on purpose that people, seeing plainly how they stood, might not hearken to such fancies. We mean all that is fair to the people, but we will not have our land disposed of but in our own way. You will therefore pass no grants for land whereon the penny per acre is reserved except by way of indenture, the grantee to sign the counterpart. And if any man desires not to be encumbered with a rent, we will at any time remit it on payment of twelvepence an acre, and give him such release as he thinks fit. We desire that you will enquire into the qualifications of magistrates, dismiss the unfit, and fill their places with men of good principles. We instructed Governor Moreton, in view of the importance of the Secretary's and Surveyor's offices not to consent to any diminution of their fees without our leave. He had, however, done so before the order came to his hands. The Act will expire in two years, and you will take care that it is not renewed, and that no similar Act is passed. We have often recommended the building of towns to the people, but in vain; we now recommend the same thing to yourself. One or two villages would suffice to show the convenience of it. We desire your report also as to your measures for putting the place into a state of defence. We are informed by everyone that Charlestown is unhealthily situated and has no good water, and that all people landing there fall sick. You will search out another site for a port town on Cooper River and reserve it for the purpose pending instructions from us. We formerly prohibited the cutting of any cedar on land not granted by us, but the order having been given to Mr. Mathews has, we doubt not, been well looked after. You will see that it is observed. 7th June.—Since writing the above we have received an Act to stop the prosecution of foreign debts. It is very unjust, and exceeds our powers. This shows the necessity of filling the posts of judicature with men of good principles. Let this be your first care, and in particular remove the sheriff of Berkeley County, of whom we hear a very ill character. We have, we believe, chosen good men, but if you know of better we will send deputations for them: [Col. Entry Bk., Vol. XXII., pp. 30–33.]
June 4. 1723. Journal of Lords of Trade and Plantations. The Address of the Island of St. Christophers to the King, and Mr. Jeaffreson's petition as to malefactors read (see post No. 1729). The Lords agreed on their report (see June 11). Sir William Stapleton's answer to the petition of William Freeman read. A copy to be supplied to Mr. Freeman. Freeman's petition with Sir William Stapleton's threatening letter read. A copy to be sent to Sir W. Stapleton.
Memorandum of documents despatched and received. [Col. Entry Bk., Vol. CVII., pp. 303–306.]
June 4. 1724. Minute from William Blathwayt, ordering copies of Sir W. Stapleton's and Mr. Bramley's answers to be sent to William Freeman. [Col. Entry Bk., Vol. XLVII., pp. 130.]
June 4. 1725. William Blathwayt to Mr. Trant. Respecting the delivery of copies of papers, that are to be produced in evidence, to William Freeman. [Col. Entry Bk., Vol. XLVII., p. 131.]
[June 4.] 1726. Answer of Sir William Stapleton to the case and petition of William Freeman. Defending himself point by point against the charges of injustice and oppression, and denying Freeman's statements. Signed by P. Trant by Sir William Stapleton's order. 4½ pp. Endorsed. Read 4 June 84. [Col. Papers, Vol. LIII., No. 116, and Col. Entry Bk., Vol. XLVII., pp. 121–127.]
[June 4.] 1727. Petition of John Bramley to Lords of Trade and Plantations. His defence against the charges of William Freeman, Broad sheet. [Col. Papers, Vol. LIII., No. 117.]
[June 4.] 1728. Address of the Governor, Council, and Assembly of Montserrat to the King. Congratulating him on his deliverance from the Popish plot. Signed, Rd. Stapleton.
Thomas Symmons. Patr. Hughes.
Geo. Liddell. John Davis.
Andrew Booth. Lucas Garney.
Thomas Nugent. John Symes.
John Blake. Jno. Bramley.
Edw. Read. Wm. Fox.
Nicho. Meade. Jo. Devereux.
1 p. Endorsed. Recd. 4 June '84. [Col. Papers, Vol. LIII., No. 118, and Col. Entry Bk., Vol. XLVII., pp. 138, 139.]
[June 4.] 1729. Petition of Christopher Jeaffreson to Lords of Trade and Plantations. On the reading of a recent petition from me for malefactors for the Leeward Islands, I was ordered to furnish you with a list of prisoners now in custody who are under sentence of transportation. I send a list, but I understand that several persons are trying to agree for these malefactors for other plantations, so that they may be disposed of directly they plead their pardons. I beg that you will put in force your former order to transport them to the Leeward Islands. 1 p. Undated. Annexed,
1729. I. A list of twenty prisoners convicted in London and Middlesex. 1 p. Endorsed. Recd. 4 June '84. [Col. Papers, Vol. LIII., No. 119.]
June 6.
1730. Wm. Stoughton and Joseph Dudley to Lord Sunderland. We received yesterday from you the King's command referring to Captain William Phipps, for securing His Majesty's interest according to the covenant and obligations signed by Phipps and the Company. We shall keep them secret and execute them. We are sorry that the matter already bears so ill a face that one of the supervisors on the King's behalf has already deserted the business. We hope he will give you a true information, though we were never particularly advised of the cause of the breach. Phipps went away in January and has been some months upon the wreck. We shall use our best endeavours to persuade his return from the wreck, and shall then do our utmost for the King's interest. Signed, William Stoughton, Joseph Dudley (see No. 1555.) 1½ pp. Endorsed. [Col. Papers, Vol. LIII., No. 120.]
June 8.
1731. Sir William Stapleton to Lords of Trade and Plantations. I have stopped a sloop taken by Bond the pirate, which was fitted out by Governor Esmit of St. Thomas, being a present to him from Bond. She was demanded from Jamaica and denied restitution as the enclosed depositions show. Here also is his permit (see No. 1595), and another deposition of this wicked man's false and idle comparisons. He daily gives occasion of discontent. His wife has left for England and Denmark. They boast having better credit in both Courts than I. So might Colonel Clancy and the German princess have boasted, till their cheats were laid open. I am ashamed to trouble you so often with this Esmit. It appears by the pass that he still pretends to the Virgin Islands, though I have the King's orders to assert his sovereignty, as I would have done, had I had more latitude, even at the cost of bloodshed. I must correct my former statement that the French General is Viceroy. Signed, Wm. Stapleton. Holograph. 1 p. Endorsed. Read 6 Aug. '84. [Col. Papers, Vol. LIII., No. 121, and Col. Entry Bk., Vol. XLVII., pp. 161, 162.] Annexed,
1731. I. Deposition of Martin Borel. The sloop Fox was brought into St. Thomas by Captain George Bond, who told him that he took her from the French at Santa Cruz. Bond gave her to Governor Esmit who sent her to Barbados. Sworn before Joseph Martyn, 2nd June 1684.
Deposition of Charles Chapman. Was sent to Barbados in command of the sloop Fox, with a consignment of timber to Colonel Edwyn Stede, who seemed disappointed at the smallness of the cargo. Knowing that there were differences between Governor Esmit and Sir William Stapleton, witness was unwilling to send the sloop back to St. Thomas, on which Stede said that he need fear no harm, and gave him orders to proceed to St. Thomas and call at St. John's on his way for news. On arrival at St. John's he anchored by Captain Hill's ship, who seized the sloop and took possession. There were goods on board sent by Colonel Stede to Governor Esmit. Sworn as above.
Deposition of Matthew Martin. Was at St. Thomas when the Fox was brought in, and heard Bond's men tell the story of her capture. While there a sloop came from Jamaica to demand the Fox, but she was refused. Sworn as the foregoing.
Deposition of Thomas Biss. Was credibly informed at St. Thomas that the sloop Fox belonged to Jamaica and was captured by a French pirate. Bond brought her to St. Thomas and gave her to Esmit. The emissary from Jamaica was not only denied restitution of her but was detained prisoner by Esmit, until helped by friends to escape. Sworn as the foregoing.
Deposition of George Martyn. Confirming the refusal of Esmit to restore the sloop. The wholepp. Endorsed. Recd. 4 Aug. '84.
1731. II. Deposition of Thomas Hill, master of the ship Susannah of London. While at St. Thomas heard Esmit say that he had a more sovereign commission from the King of Denmark than Sir William Stapleton from the King of England; that if the King of Denmark was minded at any time to make war with any prince or potentate, he did so with his sword in his hand; whereas the King of England had to pull off his hat to Parliament and ask their leave, and that the English received their colours from the Danes. Sworn before Sir William Stapleton 2 June 1684. 1 p. Endorsed. Recd. 4 Aug. '84. [Col. Papers, Vol. LIII., Nos. 121, I., II.]
June 9. 1732. Lords Proprietors of Carolina to Governor Sir Richard Kyrle. Ordering the delivery of the draught of the fundamental constitution of Carolina of 17th August 1682 to John Moore. Signed, Craven, Albemarle, Bath (for Lord Carteret), P. Colleton. [Col. Entry Bk., Vol. XXII., p. 39.]
June 9. 1733. Lords Proprietors of Carolina to Governor Sir Richard Kyrle. We have seen an Act passed by the Province under your government to suspend prosecution for foreign debts, which totally prohibits the prosecution of any action arising outside the limits of Carolina. This is in effect to stop the current of common justice, is against the King's honour and dignity, in excess of your powers and repugnant to the laws of England. You will not consent to this Act nor suffer it to be put into execution. We regret to find that we have entrusted the government of the country to men who have no greater regard for it than this, who, being themselves magistrates to administer justice to others, publish to the world that any man who takes his neighbour's goods has only to come to Carolina and he will be protected by the law. Though they may forget their duty we shall not forget ours. You will enquire if any justices or sheriffs in the County Courts had a hand in this proceeding, and, if so, you will dismiss them and put men of better principles in their room. We also repeat the power formerly given to our Governor and Deputies to pass laws to be in force for two years and no longer unless confirmed by us. In future the laws shall cease and become void before the expiry of two years as soon as our disapprobation is received by you. We find that contrary to our order the elections in Berkeley and Colleton counties were not held on the same day. This contempt of our orders is not for the King's honour. You will dissolve the Parliament thus elected, and hold a new election for both counties on the same day, that persons may not have the opportunity to run from place to place, and awe the people, and binder freedom of election. And you will appoint a distinct sheriff in each county. We have seen a commission granted in our names to John Moore under the "great seal" of Carolina. You are mistaken herein, for the great seal of the province is in England, and the seal that you have is for land-grants only. Nor do we approve nor allow this commission for these places to be granted to him, for we wish them to be annexed to the Secretary's office. Nor are you to grant any place in Carolina but during pleasure only, or the grant will be voided; and the Governor and Deputies shall grant no places except those not provided for by the Proprietors. The persons that they appoint shall receive his commission under the Governor's hand and seal, and hold it only until we have chosen whom we shall appoint, though we shall not overlook those who have done good service in the province. Signed, Craven, Albemarle, Bath (for Lord Carteret), P. Colleton. [Col. Entry Bk., Vol. XXII., pp. 36–38.]
June 9. 1734. Lords Proprietors of Carolina to the Secretary of Carolina. In our orders to the Governor of the province south and west of Cape Fear, we ordered the writs for election of members of Parliament to be issued so that the elections should be made in both counties in one and on the same day. We desire your explanation why the writs for Berkeley County were made out on the 6th, and for Colleton County on the 28th February. You will also report to us whether you have recorded the powers we sent you for granting lands to Thomas Hasteed wherein you yourself are particularly interested, and whether a copy of them is hung up in your office as directed. You will report to us whether you have a copy of our fundamental constitutions, and, if not, why not; and what reason you have for disobeying sundry articles of your instructions. [Col. Entry Bk., Vol. XXII., p. 34.]
[June ?] 1735. Governor Dongan to Mons. de la Barre. I believe that you have been misinformed as to the Iroquois. They have traded with this Government for forty years, and nowhere else unless by stealth. I am sure they are nearer to this place than to yours, and all to the south and south-west of the lake of Canada. It seems clear that these lands belong to the King of England, all his colonies being close to them. The Indians with pipes through their noses would gladly trade with us did not other Indians binder them. They find here the trade that they want and can find nowhere else, you having none of it except from ourselves. As for any dispute about them, I suppose your people and ours may trade among them without any difference. Thank you for the passes. No one desires a good understanding between our nations more than myself. Signed, Tho. Dongan. 1 p. Endorsed. Printed in New York Documents, Vol. III., p. 447. [Col. Papers, Vol. LIII., No. 122.]
June 9.
1736. The Secretary of Barbados to Lords of Trade and Plantations. Forwarding quarterly return of proceedings in the Council and Secretary's office. Signed, Edwyn Stede. ½ p. Endorsed. Recd. 29 July 1684. [Col. Papers, Vol. LIII., No. 123, and Col. Entry Bk., Vol. VII., p. 244.]
June 10. 1737. Thomas Milner to Lords of Trade and Plantations. Forwarding Journals of the Assembly that met on 16th April and copies of the laws. Recd. 20th August 1684. [Col. Entry Bk., Vol. LXXXII., p. 284.]
June 11. 1738. Journal of Lords of Trade and Plantations. Petition of Robert Orchard read (see No. 1741). The Lords hearing that he has received the same allowance as other witnesses do not think fit to order anything further.
Governor Cranfield's letters of 15th November and 16th January read (see Nos. 1386, 1508). Ordered that Weare have notice to attend the Lords if he can be found. Several Orders of the Council of New Hampshire read. Agreed to speak with the merchants about that of 4th October fixing the value of pieces of eight.
The following Acts of Barbados were read and approved: Additional Act for raising money; Act to continue the Committee of Public Accounts; Act to revive Acts for better ordering and securing of slaves; Act to continue the Act for settling the public accounts; Act for a levy on windmills; Act to ascertain parish boundaries; Act for the accommodation of the Governor.
Memorandum of documents despatched and received. [Col. Entry Bk., Vol. CVII., pp. 309–313.]
June 11.
1739. Report of Lords of Trade and Plantations to the King Recommending that the Recorder of London be ordered to take care that in the next general pardons there be a clause inserted providing that the persons to be transported be sent to such plantations as the Commissioners for Gaol Delivery shall appoint, and that such others as shall be hereafter transported shall be sent to St. Christophers until the number of three hundred be completed (see No. 1723). [Col. Entry Bks., Vol. XLVII., p. 140.]
[June 11.] 1740. Petition of Charles Morgan to Lords of Trade and Plantations. Petitioner accidentally missed his chance of being heard on the 5th instant and begs for another appointment. 1 p. Endorsed. Read 11 June. [Col. Papers, Vol. LIII., No. 124.]
[June 11.] 1741. Petition of Robert Orchard to Lords of Trade and Plantations. I have waited twelve months by your command to attend the Attorney-General and give him evidence against the Governor and Company of Massachusetts. I beg for consideration of the great expense to which I have hereby been subjected. 1 p. Endorsed and inscribed. Read 11 June '84. [Col. Papers, Vol. LIII., No. 125.]
June 12. 1742. Order in Chancery, that the Attorney-General be attended in the matter of the prayer of the Governor and Company of Massachusetts for extension of time to appear, who shall show cause on the last day of this term, if he thinks fit, why such extension should not be granted. Copy in the hand of Edward Randolph. 1 p. Endorsed. [Col. Papers, Vol. LII., No. 126.]
June 13. 1743. Minutes of Council and Assembly of St. Christophers. The Assembly concurred with the Council that the impost on liquors be continued for three months at the former rates. A joint Committee appointed to draft an Act to prevent trespassing of negroes, and orders issued for clearing paths and for adjusting the accounts of the country. [Col. Papers, Vol. LV., No. 48.]
June 13. 1744. Order of the King in Council. Referring the petition of Sir John Knight, of Bristol, to Lords of Trade and Plantations for report. Signed, John Nicholas. ½ p. Annexed,
1744. I. Petition of Sir John Knight to the King and Privy Council. Your Majesty, on the prospect of Sir William Stapleton's departure from the Leeward Islands, was pleased to make me hope to succeed him, by declaring that I was most fit for it. A rumour of this has reached the Leeward Islands, and Sir William Stapleton and others have, with great industry, art, and malice, contrived several scandalous libels against me to defame me and rob me of your intended favour. Some of these have been presented to the Lords of Trade and the substance of them published, though one which was open for signature in Montserrat, where I am best known, was rejected by the Assembly and six of the Council who were Protestants and signed only by five Papist Councillors. I beg for an opportunity of vindicating myself. Copy. 1½ pp. Endorsed. Read 18 June 1684. [Col. Papers, Vol. LIII., Nos. 127, 127 I., and Col. Entry Book, Vol. XLVII., pp. 157, 158.]
June 14. 1745. Order in Chancery. For the discharge of the order giving extension of time for the defendants in the King v. the Governor and Company of Massachusetts to appear. Signed, George Edwards. 1 p. [Col. Papers. Vol. LIII., No. 128.]
June 15.
1746. Governor de la Barre to Governor Dongan. The Iroquois, Senecas, and Cayugas, have unexpectedly attacked a fort to which I had sent to withdraw Monsieur La Salle, plundered seven canoes, and detained fourteen Frenchmen who were in charge of them. I am therefore obliged to attack them as people from whose promises one can expect nothing but murder and treason. I do not mean to molest the Mohawks and Oneidas who have done me no harm. My letters from France exhort me to strict union with your nation. I think that you can grant my request that you will forbid those at Albany to sell arms to the Iroquois who attacked us. This is the only way to intimidate them, to show that the Christians are united. If you have any complaint against them advance it now, and I will consider your king's interest as my own king's. Signed, De la Barre. French. 1½ pp. Endorsed. Printed in New York Documents, Vol. III., p. 447. [Col. Papers, No. LIII., No. 129.]
June 16.
1747. Warrant of the Duke of York appointing Josias Clarke to be Chaplain of the garrison at New York. [Col. Entry Bk., Vol. LXX., p. 48].
June 16. 1748. Minutes of Council of Jamaica. Captain Musgrave, executor to Thomas Martin, late Receiver-General, deceased, was called in and asked if he would undertake the trust. On consideration of the terms of the patent, the Governor said that he should appoint no one except in trust; and it was ordered that Colonel Molesworth assist Musgrave in taking account of the bonds, and that the Attorney-General bring a scire facias against the Receiver-General's patent. Charles Penhallow ordered to act as Receiver-General for eight months and to assist Martin's executors in clearing the accounts. Adjourned sine die. [Col. Entry Bk., Vol. XXXVI., pp. 43–45 and 50–51.]
June 17. 1749. The Council of Virginia to the King. In February last Captain Thomas Smith of the ship Constant sailed into the Potomac from England and anchored in the Port of Noming. He duly entered his ship with the Collector of the district, but finding no freight and hearing that their was freight in Maryland, he crossed the Potomac in his sloop and asked Lord Baltimore's Collector for licence to trade. But he was not allowed to enter his sloop, but was required to enter his ship in the right of Lord Baltimore, though she was riding in a port of Virginia, in which Smith has ridden and loaden for years without any pretension from Lord Baltimore. Refusing to make entry, he was taken into custody and detained until he entered his ship with Lord Baltimore and gave bonds of great value to pay port-dues to him. Indeed, Lord Baltimore pretends to the whole of the river as far as high-water mark. This will greatly discourage merchants if they have to pay port-dues both to your Majesty and Lord Baltimore, and will drive inhabitants from this Colony to Maryland to find shipping and a market for their tobacco. We therefore beg redress against Lord Baltimore. [Col. Entry Bk., Vol. LXXXII., pp. 303–305, and Vol. LXXXIV., p. 193.]
[June 17.]
1750. Lord Howard of Effingham to Sir Leoline Jenkins. You will be glad to hear that the country is in a peaceable state and the securer for a law passed by the Assembly for the defence of the frontier against Indians. I have sent copies of the laws just passed to My Lords, and hope that they will be approved; if they fail, it is not for want of my endeavour to gain their approval. I have sent also an address from the Council and from the Burgesses (see No. 1698), together with the Council's opinion on the laws and as to Mr. Buller's case. You will also receive [noted below: It came not in the pacquet] a resentment of Lord Baltimore's pretended claim to the right of the Potomac river on Virginia's shore, by which you will judge how he designs to abridge the King's jurisdiction and lessen the revenue and dignity of this Government. I beg you to be earnest with the King to prevent such things, for reasons which you will find inserted in the representations. He has alway had free passage for his ships through the King's dominion here, without paying any acknowledgment, which I submit should be insisted on for the future. I have inspected all the stores and ammunition, but have not sent any account, for many of the great guns are at present under water and we cannot now afford to recover them. The ammunition I fear is much of it spoiled. I am unwilling to send an imperfect account, so shall send an exact one if I can next year. I held a Council last week, and informed them that the King had granted me leave of absence during the hot weather, and as they said that they knew of no business to detain me, I shall go to New York from which I can return in two or three days if needful. I have been short, merely intimating what the Council has written at greater length. [Note below: Nothing came except one letter from Colonel Spencer.] Signed, Effingham. Holograph. 2 pp. Endorsed. 17 June 1684. Recd. 30 Sept. 1684. [Col. Papers, Vol. LIII., No. 130, and Col. Entry Bk., Vol. LXXXII., pp. 294–296.]
June 17. 1751. Proclamation of the Governor of Virginia. Fixing the size of hogsheads for tobacco. [Col. Entry Bk., Vol. LXXXIV., p. 202.]
June 17. 1752. Minutes of Council of Virginia. Captain George Cooper reported that he found it difficult to raise thirty men as rangers in Rappahannock county. Ordered, that as other commanders may find the same difficulty, that Gloucester, Middlesex, and Lancaster counties be set apart to supply Rappahannock; West-moreland and Northumberland for Stafford; Charles City and James City for Henrico. In New Kent, if men will not offer themselves, the men already listed are ordered to continue. Two justices appointed for each district to provide quarters. Each ranger is annually to pay for himself and horse 1,200 lbs. of tobacco. [Col. Entry Bk., Vol. LXXXIV., pp. 188–189.]
June 18. 1753. Journal of Lords of Trade and Plantations. The complaints of Sir Henry Morgan and others against Thomas Lynch were heard. Sir Charles Littleton and Colonel William Beeston appeared for Sir Thomas, Captain Charles Morgan for the complainants, with counsel. Laws, documents and depositions were read, and the evidence of Sir Francis Watson was taken. The Lords saw no reason to alter their former decision on the matter.
The hearing of William Freeman's complaint against Sir W. Stapleton fixed for next Tuesday. Petition of Sir John Knight read (see No. 1744 I.). The letters of 16th and 18th February from Montserrat and Antigua were presented to the Committee.
Memorandum of documents sent and received. [Col. Entry Bk., Vol. CVII., pp. 314–317.]
June 18. 1754. Memorandum of Lords of Trade and Plantations. Sir John Knight was ordered to put into writing what further he had to say, but this matter came no more before their Lordships. [Col. Entry Bk., Vol. XLVII., p. 158.]
June 18. 1755. Rule in Chancery for judgment against the Charter of Massachusetts. Copy. ½ p. [Col. Papers, Vol. LIII., No. 131.]
June 19. 1756. Proclamation of the Governor of Virginia. Repealing five Acts of the Assembly, two of 1677, and three of 1683, viz., An Act to prohibit exportation of iron, &c., An Act to repeal the Act concerning Attorneys, and an Act repealing an exception in Act No. 9 of 1664. [Col. Entry Bk., Vol. LXXXIV., pp. 199, 200.]
June 19. 1757. Proclamation of the Governor of Virginia. Prohibiting the King's subjects from trading, harbouring, or corresponding with pirates. [Col. Entry Bk., Vol. LXXXIV., pp. 200, 201.]
June 19. 1758. Proclamation of the Governor of Virginia. As to the settlement of the Government during his absence on leave. [Col. Entry Bk., Vol. LXXXIV., pp. 203, 204.]
June 20.
1759. Sir Thomas Lynch to the Lord President of the Council Three or four months ago I reported what I had done or designed to draw the Spaniards hither to buy negroes, and by last ship I acquainted Mr. Blathwayt that one Meverell and one Gill, a couple of beggarly vagabonds, by the privity of Mr. James Banks, a merchant, and by the advice of Roger Elletson, had attempted to seize the Spaniards the night he went away (see ante, No. 1673). This malicious act has had the consequence that I feared. I called a Council to punish these villains as far as I durst, and published a proclamation, grounded on the King's letter to Lord Vaughan, permitting Spaniards to buy negroes and bring their own goods. I also sent the proclamation to the frigate and to Don Juan Gesnes that he might see that I could protect and encourage the trade. But of its effect we have no news, for they dismissed the convoy immediately on arrival at Carthagena. The Governor has written me a long and very civil letter, saying positively that the ship shall return for negroes, and the Assiento's factor, Don Francisco de Torregruetto says the same, but that there was no rent for negroes at Carthagena. Don Juan Gesnes writes, that they were extremely embroiled. Porcio had escaped to Porto Bello, and, the market being closed, they could not sell his negroes at Carthagena. Don Juan himself was terrified at the prospect of lawsuits and by the last attempt to seize his ship, for he saw that they would have destroyed him but for my protection. He thinks of going to Curaçoa. The captain of the Ruby helped to discourage the Spaniard's return, for when he sailed he told me he durst not take him into possession after the seizure, nor bring him into port, alleging the Admiralty's orders for not obeying me herein. My view of the whole situation is this: The Spaniards hate us for the multitudes of English that prey on them here, and in Spain would rather that the Dutch had their money than we. Probably, at Panama, the President has owned Porcio's power, and that is the mart for money and for sale of negroes, so I intend, when the sloop returns, to send her on some pretext to Porto Velo, and write again to the President and Porcio, who mortally hates the Dutch; but I doubt they will be too powerful for him in Spain.
The Royal Company now begins to supply us well, there being two ships with seven hundred negroes in port. If the Spaniards do not return we shall not want five thousand negroes a year, nor the law to make the Company furnish three thousand. Interloping will entirely cease, especially if the Lords of the Admiralty order their captains to seize interlopers. The African Company ought to have a man-of-war on the coast of Africa also. Two or three pirates have been lately taken, one Towers, a Dutchman of thirty or forty guns, and a Brandenburger, and some other foreigners, but no English. Many of the men are of this island, but the chief pirate, Graham, is not. It is said that they mean to sail for the South Seas. I am glad to hear that Governor Stapleton intends to destory St. Thomas. It is the refuge of all the pirates in the Indies, which increase daily, and more by men of our own than of any other nation. About twenty days ago one Banister ran away with a ship, the Golden Fleece, of thirty or forty guns, picked up over a hundred men from sloops and from leeward, and has got a French commission. Hamlin, captain of La Trompeuse, got into a ship of thirty-six guns on the coast of the Main last month, with sixty of his old crew, and as many new men. They call themselves pirates, and their ship La Nouvelle Trompeuse, and talk of their old station at Isle des Vaches. I have consequently sent to apprise the French Governor and warn our merchantmen. A new Governor, Mons. Cussy, has arrived at Petit Guavos, and I have asked him to forbid his subjects at Isle des Vaches to receive or succour pirates, not to ill-treat our vessels that are driven to anchor in the bays when plying to windward, and to return a sloop of Captain Kempthorn's that they surprised at Tortugas. I have also told him that it is contrary to international law to grant commissions of war to unknown persons up and down the Indies, and begged him to give none to Banister, Coxon, or any Englishman. I warned him that our frigates had orders to seize all English with such commissions, but that such French as had lawful commissions should be treated as the King's allies. Perhaps you will consider whether our Ambassador should not procure the French King's orders on the subject, for saying anything here is like preaching in the desert. Vanhorn's son is dead at Petit Guavos, so the French have divided what he leaves. Grammont is going with his own ship, and four or five more, to Leeward; he has fifteen hundred men, and is supposed to have designs on Caracas. Laurens and he are great enemies; but I have heard nothing of Laurens since he took the Spaniard in St. Philip's bay (see ante, No. 1649).
I have often complained to you of the injury done to our traders by the Spainards. Last week a sloop from Nevis and two of our fishermen were all robbed, their boats taken by one Alonzo Martin of St. Domingo. The Governor would not condemn the sloops, for these rogues awe and hector them, so they carried them off to trepan others. This is what makes our men turn pirates. A new Governor is come to St. Domingo, and it was time, for the last was certainly the cause of the loss of Vera Cruz. He was landed to the east of St. Domingo by three ships, which afterwards bore up for Vera Cruz. One last advice from Curaçoa says they have abundance of negroes but no hope of Spanish trade, which gives hope to us. we have no news of the Guernsey and Bonito except that they had killed two Frenchmen off Hispaniola for not saluting them. Last week the Ruby returned from Carthagena. She had very bad weather and sprung some leaks, and they are now examining her to see if she can be kept here. I doubt not to send her or the other home this summer, and I beg for the dispatch of another, a good sailer, or a strong ship with a reasonable commander. We can have no Spanish trade, and no interlopers captured, unless the Admiralty order it or make over the power to me. And here I must beg again that the Admiralty power be re-established and kept up, which is best done, as I conceive, without consulting lawyers and employing out here the tedious forms of England. All I think needful is, that the King and Duke of York should give the Governor their Commissions as Vice-Admiral, and the Admiralty likewise, and send all their instructions to him for their commanders. With this I dare answer for everything; without it I hold myself accountable for nothing.
This reminds me that Mr. Martin, the Receiver-General, is dead, whose bad qualities and ill-founded patent made the King ill-served and the revenue ill-managed. His accounts are in great disorder, and though he owns a great plantation, it is thought that his property will not satisfy his debts. Further, to perplex us still more, his executors pretend to his office of Receiver General. The Council has put in Mr. Penhallow for eight months, and ordered a scire facias to be brought next Court to void the Patent. I beg that it may be granted only during the King's pleasure, and to Mr. Penhallow. I have no interest in the appointment but the King's service, for which I can only answer when I have proper instruments. I beg to remind you of a petition from Port Royal, which I sent you six months ago. It was against J. Byndloss's patent, which he obtained by surprise and contrary to your orders, for fourteen or fifteen offices, and, that being stopped, divided them between Charles Morgan and himself for their lives. They have not had much profit, but such grants give the Island much trouble and the magistrates much discouragement. The Council will probably order a scire facias to be brought against them when it meets, and I beg you to forbid any offices in this Island to be granted in future without your privity. The Island is full of gratitude to you and to the King for your favour and protection. Signed, Thomas Lynch. 8 pp. Closely written. Endorsed. Recd. 31 October 1684. Read 8 Nov. 1684. [Col. Papers, Vol. LIII., No. 132, and Col. Entry Bk., Vol. XXX., pp. 264–274.]
June 20. 1760. Colonel Nicholas Spencer to Sir Leoline Jenkins. I send for the Acts of Assembly passed this Session, of which three will, we hope, be much to the King's service and the security of the country. We are not without apprehensions that the Indians may commit some trespasses in their passing and repassing the frontier, but our frontier guards will prevent abiding mischief. In all my time I have never known Indians stand at the appearance of our forces. The Act for an impost on liquors was made temporary by the Governor, he not doubting but that future Assemblies will make it indefinite. The third important Act is concerning plant-cutting. It will show the inhabitants that any recurrence of their former mad business will prove more than a trespass. The Governor is going to New York for the hot season. The Quaker, ketch, Captain Allen, arrived about a fortnight ago. She is welcome, for she will not only protect us against pirates by sea but in this well-watered country can command the land. So I hope she may bring a good account to the King's Customs by preventing the frauds too often practised here by New England traders. 1½ pp. Copy. Endorsed. [Col. Papers, Vol. LIII., No. 133, and Col. Entry Bk., Vol. LXXXII., pp. 291–293.]
[June 20.] 1761. A list of the public lands in Bermuda, St. George's Island, the small islands near it, and St. David's Island, with the value of each parcel. 2½ pp. Endorsed. Recd. 20 June '84. [Col. Papers, Vol. LIII., No. 134.]
June 21. 1762. Order of Chancery for entering judgment against the Massachusetts' charter if they do not come to trial next term. 2 pp. Underwritten: "This is the Order pronounced by the Court. Pray let it be entered. It very much concerns the King. R. Sawyer." 2 pp. [Col. Papers, Vol. LIII., No. 135, and Col. Entry Bk., Vol. LXI., pp. 203, 204.]
June 22. 1763. William Milborne to [Francis Burghill]. At the desire of some gentlemen in the Bermudas I have copied out the Assembly's petition here ordered, but since that time the Governor has behaved more like a brute than a man. It is the desire of all to be relieved from oppression, and from nothing sooner than this tyrannical Deputy Governor. We hope you can help us. Signed. 1 p. [Col. Papers, Vol. LIII., No. 136.]
[June 22.] 1764. Account of expenses incurred by Lord Culpeper for disbanding the troops in Virginia. Total, 213l. 6s. 8d. [Col. Entry Bk., Vol. LXXXII., p. 274.]
June 22. 1765. Warrant for payment of the above sum to Lord Culpeper. Countersigned, Rochester, J. Ernle, Ste. Fox. [Col. Entry Bk., Vol. LXXXII., p. 275.]
June 23.
1766. Nicholas Spencer to the King. In obedience to your Majesty's order, I present a report on the case of Richard Buller. The Act under which his deer-skins were seized was passed in December 1680; the seizure was made in December 1682; Mr. Buller's agent acknowledges that he was aware of the Act; the package was made up evidently with the design of evading the law. I submit therefore that the seizure was legal. Signed, Nicho. Spencer. [Col. Entry Bks., Vol. LXXXII., pp. 312, 313, and Vol. LXXXIV., pp. 197, 198.]
June 23. 1767. Colonel Nicholas Spencer to Sir Lcoline Jenkins. The same letter abstracted above under date of June 20 (see No. 1760), with an additional paragraph, to the effect that the Governor will return from his leave of absence in the fall. Holograph. 2½ pp. Endorsed. Recd. 18 Aug. '84. Presented 30 Sept. [Col. Papers, Vol. LIII., No. 137, and Col. Entry Bk., Vol. LXXXII., pp. 291–293.]
June 23. 1768. Colonel Nicholas Spencer to Lords of Trade and Plantations. I send the Minutes of Council and Journals of Assembly, which latter you will find very full. They may probably incur your censure for the Assembly's sitting some time longer than it has ordinarily done. The Governor, in view of the importance of the Acts, thought it worth while to allow some time to be argued away. Repeats account of the Acts as in No. 1706. I send also a representation of a claim made by Lord Baltimore of all the great river Potomac which divides Virginia from Maryland. He pretends to a right over all the water of the river to high-water mark on the Virginian shore. He lately prosecuted his pretensions thereunto by causing Captain Thomas Smith, of the ship Constant, to be arrested and committed to custody till he gave bond of great value to pay port-dues to Lord Baltimore, though the ship rode half-a-mile from the Virginian shore and six miles from Maryland. This, if not redressed, will diminish the King's revenue and be grievous, if not ruinous, to our inhabitants who live near the Potomac. Signed, Nicho. Spencer. Holograph. 2 pp. Endorsed. Recd. 17 Aug. '84. [Col. Papers, Vol. LIII., No. 138, and Col. Entry Bk., Vol. LXXXII., pp. 288, 289.]
June 23. 1769. The Council of Virginia to the King. We conceive it our duty to point out, in reference to Sarah Bland's many petitions, how unfairly your Council has been used by the many false statements and affidavits brought forward by her. Her statements are not less a libel on your Majesty's Council here. We beg that the original order of the General Court in her case of 1st May 1680 may be considered, wherein it will, we hope, be seen that the proceedings were exactly according to the opinions of the English Judges of Common Pleas. And we beg leave to appeal for such senteces on Sarah Bland as your Majesty in your justice shall see fit to decree. Two closely written pages. [Col. Entry Bk., Vol. LXXXIV., pp. 191, 192.]
June 24.
1770. Warrant from the King to the Commissioners of the Treasury for payment of 1,086l. 13s. 4d. to Lord Culpeper, for the expenses of the sloop Katharine, of the quarters of a company of guards, and other expenses in Virginia. Countersigned, Rochester, J. Ernle, Stephen Fox. [Col. Entry Bk., Vol. LXXXII., p. 273.]
June 24. 1771. Warrant from the King to the Solicitor-General to prepare a grant to Lord Culpeper of 600l. a year for twenty years, half of it in compensation for his pretensions in Virginia. Countersigned, Rochester, J. Ernle, Ste. Fox. [Col. Entry Bk., Vol. LXXXII., pp. 276–280.]
[June 24.] 1772. Governor Dongan to Governor de la Barre. I received yours of the 15th June on the 23rd instant (o.s.), and am sorry that I did not know sooner of your misunderstanding with the Indians that I might have prevented it. These Indians are under our government as is manifest by our records. The Duke of York's territory extends to Canada, and yet your people come on the great lake and on this side of both lakes. I musk ask you to prohibit them from doing so, and I will issue a corresponding prohibition here. I am going to Albany forthwith and shall send for the Indians to make them give you satisfaction, and if they decline I shall not unjustly protect them but do all for your government that can reasonably be expected.Signed, Tho. Dongan.Copy dated, plainly by error, May 20th. 1p. Endorsed. Printed in New York Documents, Vol. III., p. 448. [Col. Papers,. Vol. LIII., No. 139.]
June 25./July 5.
Fort Albany.
1773. Governor Dongan to Governor de la Barre. I came here to send for the Senecas, but some of their sachems have come here expressly to meet me. They told me that you intend to make war on them, which I can hardly believe after my last letter to you. You cannot be ignorant that these Indians are under the Government, and they have promised me, if they have done anything amiss, to give satisfaction. I shall be sorry if you invade the Duke's territory after this honest offer and my promise that the Indians shall punctually give you satisfaction. I do not doubt this affair between you and the Indians may be reconciled; if not, we should refer to our masters at home. I have ordered the Duke of York's coat-of-arms to be put up in the Indian Castles, which may dissuade you from any action that might cause misunderstanding among us.Signed, Tho. Dongan. 1½ pp. Copy. Date erased(but see No. 1817).Printed in New York Documents, Vol. III., p. 449. [Col. Papers, Vol LIII., No. 140.]
June 25. 1774. Lords Proprietors of Carolina to [the Governor of Carolina]. The Scotch emigrants desire that the town they pitch on may be the seat of justice for that country. We have no objection provided the site be healthy, the water good, the land high enough to admit of cellars underground, and the situation far enough inland to render it safe from surprise by ships. The land must be reserved as laid down in our instructions for other port towns, and you will direct all who settle in or near Port Royal to settle together as may be best for their defence and safety. [Col. Entry Bk., Vol. XXII., p. 35.]
June 25.
1775. Lord Howard of Effingham to Lords of Trade and Plantations. You will be glad to hear that all is well and quiet here. The new Act has made us safe against Indians, and I hope that it and the rest may meet with your approval. Secretary Spencer's experience, ability, and integrity has been of great service to the Colony, and a great advantage to me at my first coming. My humble thanks to the King for the Quaker ketch.Signed, Effingham.Holograph. 1p. Endorsed. Recd. 19 August 1684. Read the 20th. [Col. Papers, Vol. LIII., No. 141, and Col. Entry Bk., Vol. LXXXII., pp. 285, 286.]
[June 26.] 1776. A further defence by John Bramley against the accusations of William Freeman (see No. 1727).Broad sheet, very closely written. Endorsed. Recd. 26 June '84. [Col. Papers, Vol. LIII., No. 142.]
June 27.
Hampton Court.
1777. Order of the King in Council. Report of Lords of Trade and Plantations to the King. We have heard the Agents and Counsel of Sir Henry Morgan, Colonel Robert Byndloss, Roger Elletson, and Charles Morgan in support of their petition (see No. 1658), and we see no cause to alter anything in our previous recommendation that the action of Sir Thomas Lynch be approved. Dated 18th June 1684. Ordered accordingly.Signed, John Nicholas. [Col. Entry Bk., Vol. XXX., pp. 260, 261.]
June 27.
Hampton Court.
1778. Order of the King in Council. That the Lords of Trade and Plantations examine the condition of the Bermudas, and report what Government is fitted to be crected therein. Signed, John Nicholas. 1p. Endorsed. The original is undated; the date is supplied by the Entry Book. [Col. Papers, Vol. LIII., No. 143, and Col. Entry Bk., Vol. XVII., p. 100.]
June 28. 1779. Minutes of Council of Jamaica. The King's letter of 17th April concerning the confirmation of the laws read. Also a letter from Secretary Jenkins of 24th March. Ordered that the royal proclamation of neutrality be published. The Governor then brought forward the petition presented to the King at home on behalf of Sir Henry Morgan, and Colonel Byndloss was called in and asked if he had delivered this petition. He declined to answer and behaved very disrespectfully. Mr. Elletson was called in and asked the same question, but demurred to it. Adjourned sine die. [Col. Entry Bk., Vol. XXXVI., pp. 44–46, and51, 52.]
June 28.
St. James's.
1780. Sir Peter Colleton to Governor Sir Richard Kyrle. Since my last, some of the Scots have asked that the town which they make choice of shall be the seat of justice for the county of Port Royal. We are willing to gratify them so long as they choose a place far enough from the sea to secure them from surprise, and so long as the site is convenient and the lands about it laid out in the methods prescribed to you. On request of the Scots we agreed to make some alterations in the fundamental constitutions, whereby more power was put into the hands of the people; but some seditious persons have abused our kindness by insinuating to the people that we designed to enslave them, who have therefore rejected these changes. We therefore repealed their power to confirm their constitutions in Parliament, and resolved not to permit them to be made use of till the people are fit to enjoy them, and till they petition for that which they now reject. Mons. Baille, a Frenchman, very skilful in all products fit for the soil of Carolina, comes with this; you will encourage him, for he understands silk and oil. I enclose the French articles for Geneva. Lord Ormond is gone to Ireland to call a Parliament.Signed, P. Colleton. [Col. Entry Bk., Vol. XXI., p. 130.]
June 30.
Inner Temple.
1781. Sir E. Herbert to William Blathwayt. There is a case pending before the Lords between William Penn and Lord Baltimore, the hearing of which was put off at Lord Baltimore's request till April last. The Duke of York is principally concerned, it being his inheritance and his tenants being disturbed. I write therefore on his behalf, to represent the prejudice which he suffers by the delay and to hope that you will help the speeding of the cause as far as you can.Signed, E. Herbert.Holograph. 1p. Endorsed. Read, 2 July '84. [Col. Papers, Vol. LIII., No. 144.]
June 30.
1782. Earl of Sunderland to Lords of Trade and Plantations. The King has appointed Mr. Francis Burghill to go as Governor to the Bermudas, and desires you to prepare a Commission and Instructions. Signed, Sunderland. 1 p. Endorsed. Read, 2 July '84. [Col. Papers, Vol. LIII., No. 145, and Col. Entry Bk., Vol. XVII., p. 101.]
[June.] 1783. Proposals touching Bermuda from Mr. Burghill. The late Company in 1662 raised 850l. a year on tobacco, besides the profits of other taxes, yet the whole charge of Government, both in England and the Islands, was but 300l. This was proved at the trial. Since then the tobacco-tax produces 1,600l. or more. They send none but Nonconformists to Bermuda as ministers; there are not above three or four of the Company that have ever taken the oaths of Allegiance and Supremacy, nor are they administered to the Governors that they send out. Both there and in England the Company is a commonwealth. After much litigation in 1679 they had the confidence to appeal to the common law and refused obedience to Order in Council of 23rd November 1683. Having delayed the trial till Trinity term 1684, they tried every kind of empty plea. In consideration of this, ought they not to repair the forts which they have neglected, repay the money levied on the people over and above the charges of Government, if it comes to more than the profits of the public lands, rather than have any allowance out of them now that they are vested in the King, notwithstanding their fraudulent committing of them to trustees not a month before the trial? One closely written page. Unsigned and undated. Endorsed. Recd. from Mr. Burghill. [Col. Papers, Vol. LIII., No. 146.]
[June.] 1784. Proposals touching Bermuda. The Islands are so strongly situated that three modern forts would secure them at the entrances of Great Harbour and Town Harbour, and on the north side of the Great Sound. The place may be put in a condition of defence at little cost. The profits of the Crown lands, if well administered, may yield 600l. a year, from which 200l. should be paid to the Governor, 200l. to five ministers, and 150l. to purchase of artillery, ammunition, &c. The safety of the Island being provided for, the Government should be modelled on that of Jamaica or any that the King thinks fit. Tenure of land should be by knight-service, every share being bound to send out two armed men on urgent occasions. With free trade the people will make better profits for their tobacco. 1p. Undated and unsigned. Endorsed, "From Mr. Burghill." [Col. Papers, Vol. LIII., No. 147.]
[June.] 1785. Account of taxes and public levies in Bermuda. Besides the profits of the public lands, the Government raised the following taxes:—(1) One penny per lb. on tobacco amounting, one year with another, to 1,800l. (2) A tax of fourpence a gallon on rum and liquors, the beverage of the people, which amounts to half the value of the rum. (3) A tax of five shillings a head whenever they please. (4) A tax of 50lb. of tobacco per share. (5) A corn-tax to maintain the forts, which they suffer to run to decay. Also the general monopoly which the Company enforces by forbidding any but their own ships to trade with and supply the Island. 1p. Endorsed. Recd from Mr. Burghill. [Col. Papers, Vol. LIII., No. 148.]
[June ?] 1786. Issues on the quo warranto. The King against the Governor and Company of the Somers Islands. Twenty articles, with the proof of each article.The whole, three large pages. Endorsed. Undated. [Col. Papers, Vol. LIII., No. 149.]
[June ?] 1787. "A true account of the public lands and little islands that are inhabited in the Somers Islands, with the tenants' names." 1p. Undated. [Col. Papers, Vol. LIII., No. 150.]