America and West Indies: November 1684, 17-30

Pages 726-740

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 1684

Nov. 17. 1941. Journal of Lords of Trade and Plantations. Draft commission to Colonel Kirk. Narragansett country to be added. The King's pleasure to be asked as to assemblies, confirmation of land, settling of quit-rents, and a great seal. Appeals to lie to Governor and Council; military power to lie outside the Council; no appeals to England till the Government be settled; liberty of conscience to be granted; taxes to be continued; judicial proceedings and marriages to be confirmed; law against pirates to be passed. Instructions to be modelled on those of Virginia, with a clause that nothing be printed in New England without the Governor's permission.
Affidavits were sworn by several witnesses in support of the petition of the Proprietors of the Bahamas.
Memorandum of documents sent and received. [Col. Entry Bk., Vol. CVIII., pp. 32–35.]
Nov. 17. 1942. Affidavit of Robert Gower. Has traded to New Providence for several years. In September 1683 he shipped off goods to the value of 800l. to New Providence. Hears since that most of them were taken by the Spaniards, whereby his loss is over 400l. ½ p. Endorsed. Sworn at the Committee, 17th November 1684. [Col. Papers, Vol. LIV., No. 76.]
Nov. 17. 1943. Affidavit of William Godding. While sailing past Porto Rico in July 1683 bound for New Providence he was captured by Spaniards, his goods taken, his ship burnt, and himself and others taken prisoners, and carried to Vera Cruz, Havana, and Cadiz. One of his companions died on the voyage to Cadiz of hard usage. 1 p. Sworn before the Committee, 17th November '84. [Col. Papers, Vol. LIV., No. 77.]
Nov. 17. 1944. Affidavit of Richard Lilburne. Recapitulating the story of Governor Clarke's recall and his own appointment, the oppression of the Spaniards (see No. 1927), and his own efforts to prevent depredations on them, the sack of the town of New Providence, and the Governor of Havana's answer to his remonstrances. Signed, Rd. Lilburne. 3 pp. Endorsed. Sworn at the Committee, Nov. 17, '84. [Col. Papers, Vol. LIV., No. 78.]
Nov. 17. 1945. Affidavit of John Shaw. That his losses through the sack of New Providence amount to about 470l. ½ p. Endorsed. Sworn at the Committee, Nov. 17, '84. [Col. Papers, Vol. LIV., No. 79.]
Nov. 17.
1946. Sir William Stapleton to Lords of Trade and Plautations. I send two Acts for which I beg the Royal assent. One is absolutely necessary to quiet the inhabitants concerning their titles, the other is for the satisfaction of labourers. There is not in the statute of labourers the provision which may be necessary with us to content them, for they are often delayed, if not cheated of their labours, nor are we learned in the laws nor aware how far the statute law extends to the Colonies. Signed, Wm. Stapleton. Holograph. 1 p. Endorsed, Recd. 31 Jan. 168 4/5, with two Acts passed in Antigua, 28 Oct. '84. Read 15 April 1685. [Col. Papers, Vol. LIV., No. 80, and Col. Entry Bk., Vol. XLVII., p. 177.]
Nov. 18.
1947. The Danish envoy to the King. By the enclosed you will learn of the unjust proceedings of your Governor in the Leeward Islands, and his acts of hostility towards Danish subjects in St. Thomas. I have to request that you will cause Sir William Stapleton or his successor to make restitution or compensation for what he has taken from Danish subjects, and to abstain from similar conduct for the future; and if one of the Governors has complaints to make against the other, let them not come to extremities, but remit the matter home to their sovereigns. As a very speedy restitution of boats stopped by the Governor of St. Thomas was made two years ago, I doubt not of a like return from your Majesty. Signed, C. de Lente. Copy. 1½ pp. Annexed,
1947. I. The Governor of St. Thomas to the King of Denmark. I have already complained that lately an English Captain coming under pretence of friendship with letters of recommendation from Sir William Stapleton set fire to a frigate of the King of France, which was delivered to me by a vessel of that nation. This was Stapleton's first act of hostility. I had no sooner made the restitution under your orders of 7th March 1685, than he carried away a vessel with her cargo that was aground just before this harbour, under some pretence of sovereignty. Not content with this, he detained the goods of the Company and men at Nevis contrary to his word. He causes our subjects to be attacked near our lands, has taken our Secretary Boreel prisoner, and carried him to Nevis with three negroes, though we proved to him that the last were slaves of the Danish West India Company, and will not restore them. He has caused a barque to be taken under our Island of St. John on her return from Barbados, and has given orders to treat all Danes outside St. Thomas as enemies. Only a month ago a Spanish brigantine, in the company of some inhabitants of Nevis, came and landed in a desert place of this Island and carried away sixty slaves. I am assured that Stapleton has a design on this Island, thinking the fort convenient, and therefore he tries by all possible means to catch me, dead or alive, to make himself master of the place. For this purpose he sent a barque hither lately, with a great many people on board, who under a frivolous pretence came to make a friendship with me, hoping to carry me off, and afterwards possess him self of all. I gave them no access to me, and made them presently leave the port. I have intercepted a letter from which I find that the English try to stir up the inhabitants of this Island to insurrection. They have taken away our cattle, and have answered our distressed inhabitants that the Island and everything in it belongs to them. A pirate came to this port a little while ago with his vessel, but without making himself known, nor obtaining permission. I made his crew prisoners and finding that they had been guilty of piracy, I hanged them, to take away the ill reputation that our neighbours try to fix on this Island. Dated, Christian fort, St. Thomas, 7 July 1684. Copy. 3½ pp.
1947. II. The Governor of St. Thomas to Sir William Stapleton. A declared enemy could not exercise acts more hostile than you, in carrying away slaves without declaration of war or reason alleged. I demand immediate restitution and damages for the injuries inflicted by your inhabitants, who appear to have your passports for what they do. I warn you that if you refuse satisfaction the King my master will take it if need be. I know not why you keep Matthew Boreel prisoner. If his wife, who is dangerously ill, should die, I will send you all her seven children to maintain. I expect early satisfaction from you. Dated, Christiansfor; 11 June 1684. Copy. 2 pp.
1947. III. Extract from a Commission of Sir W. Stapleton to Colonel Thomas Hill, authorising him to secure any persons that he may find in the Virgin Islands, especially Danes, and bring them to Nevis. Dated, 3 April 1684. Copy. ½ p. The whole endorsed, Recd. and read 22 November 1684. [Col. Papers, Vol. LIV., Nos. 81, 81 I–III., and (without enclosures) Col. Entry Bk., Vol. XLVII., pp. 165–166.]
Nov. 18.
Treasury Chamber.
1948. Henry Guy to William Blathwayt. Forwarding the reply of the Commissioners of Customs to his letter of 8th instant (No. 1930). Here follows copy of the letter dated 22nd August, to following effect. We quite agree that the King's letter of 12th May 1677 concerning the negro trade in Jamaica should be continued, and think that the trade should be encouraged. Signed, Ch. Cheyne, J. Buckworth, N. Butler, W. Dickinson. [Col. Entry Bk., Vol. XXX., pp. 277–278.]
Nov. 18. 1949. Colonel Hender Molesworth to William Blathwayt. Just as my packets were made up the enclosed depositions were brought me, with advice that more would have come had time permitted, and that a crowd of sloop-men are ready with a petition for redress. So I shall go to the Point and endeavour to quiet them, for they are exasperated almost to mutiny, especially since seven sloops returned empty on two consecutive days. This afternoon the Spanish factor with one of his captains came to me with great compaints that they had been affronted by some unknown people, and could not pass the streets in peace. But their chief complaint is against Captain Phipps of H.M.S. Rose who is said, upon some mistaken punctilio of the sea, to have fired a shot at one of the Spaniards, who had on a festival day put his pendant under his ram, and made him take it in. Captain Phipps meeting the Spanish captain in the street, with a rabble at his heels, told him that if he did not pay him for his shot he would take his sword from him. The Spaniard was unwilling either to give up his sword or to pay the money, and the rabble was ready to have laid hands on him if a gentleman passing by had not taken ten shillings from his pocket and paid it for him. I am told that this is not Phipps's first affront to the Spanish captain, but that he constantly seeks occasion for it, being egged on by ill-wishers to the trade. The Spaniards were so sensibly concerned that the factor asked leave to send his two greatest ships away, which I could not refuse, though I cannot think where they will go. I ordered Captain Phipps to come to me and explain his conduct, but as he is on the point of sailing I doubt whether he will do so, or, indeed, whether he thinks himself bound to obey. Valuing himself on his independence and his private instructions, he may run into further mistakes and not think himself accountable to this Government. This will show you how liable we are to be affronted by capricious captains. When privately animated by enemies to the Government they are ready to raise a faction against the authorities of the place, and, as it were, to use the King's name against himself. This man never had better than a carpenter's education, and never before pretended to the title of captain; but now he assumes it, though he cannot yet show a commission for it, and takes more to himself than any other of the King's captains. I must do justice to the Government and the Spaniards but will endeavour to do so without hindering his voyage. I enclose copy of the letter that I wrote to him. I hope that in future, when ships put in here accidentally for relief, their commanders may be better instructed, and not go about to disturb the Government and take part with the disaffected. Signed, Hender Molesworth. 2½ pp. Endorsed. Recd. 14 Feb. 1684/5. Read, 23 Feb. [Col. Papers, Vol. LIV., No. 82, and Col. Entry Bk., Vol. XXXI., p. 12–15.] Annexed,
1949. I. Deposition of Peter Clayton, Master of the sloop Eagle. On the 6th instant I was in company with two sloops more, with H.M.S. Bonito, Captain Stanley, at the mouth of Porta Maria harbour, Cuba, when Captain Stanley sent his boat ashore for water. (Confirms Stanley's account abstracted above, No. 1938 II.) I am part owner of two boats that were fishing at the South Cays at that time, which were captured by the French privateer under Captain Braugham [Breha], and recaptured a few days later by the Bonito. But the privateer had damaged the craft, &c., to the value of 160l. Sworn before John Webbe, 18th November 1684. 1 p. Endorsed, Recd. 14 Feb. 1684/5.
1949. II. Deposition of Francis Powell, Master of the sloop Speedwell. I was fishing at the South Cays on the 6th instant, when I was pursued by a sloop with some of Captain Breha's Frenchmen, and compelled to return, to the loss of my voyage. Sworn before John Webbe, 18th November 1684. ½ p. Endorsed as the foregoing.
1949. III. Deposition of Daniel Pindar, Master of the sloop Greyhound. While at the South Cays at the beginning of this month I was boarded by a periago with several men, commanded by Captain Breha, who cut our cable and compelled us to catch turtle for them for several days till rescued by H.M.S. Bonito. Sworn before John Webbe, 18th November 1684. 1 p. Endorsed, Recd. 14 Feb. 1684/5.
1949. V. Deposition of Joseph Crockeyes, Master of the sloop Providence. Eighteen months ago, while fishing in the South Cays, I was pursued by two Spanish periagos under Jean Costeau [?Juan Corso], and forced to abandon the sloop, which was taken into St. Jago. I heard that Costeau declared he would have killed every man in her or any other vessel that he found turtling.
Deposition of Nicholas Griswald confirming the above. Sworn before John Webbe, 18th November 1684. Endorsed as the foregoing.
1949. V. Deposition of Anthony Hawkes, Master of the sloop Elizabeth. At the beginning of this month I was fishing in the South Cays, and had taken fifty turtle in the sloop and in the craule, when we found two sloops of Captain Breha's alongside the craule, who took all the turtle, and kept us prisoners for three days, till rescued by H.M.S. Bonito. Sworn before John Webbe, 18th November 1684. 1 p. Endorsed. Recd. 14 Feb. 1684/5.
1949. VI. Deposition of John Griffin, Master of the sloop True Love. On my way back from turtling at the South Cays I was met by a ship under Captain Breha who took thirty turtle from me by force. Sworn before John Webbe, 18th November 1684. 1 p. Endorsed as the foregoing.
1949. VII. Deposition of Henry Smith, Master of the sloop Seaflower. While fishing in the South Cays at the Beginning of this month I was boarded by Captain Breha and his men, who compelled me to fish for them, and detained us a week until we were rescued by H.M.S. Bonito. Sworn before John Webbe, 18th November 1684. ½ p. Endorsed as the foregoing.
1949. VIII. Deposition of Edwin Carter, Master of the sloop, Success. On the 4th instant, while on voyage to Jamaica, we met with a Spanish periago of about fortyfive men, who violently boarded us, plundered us of everything down to our clothes, leaving not so much as a spoon, a knife, or an oar. Because I asked the reason of this they tied my hands behind me and hoisted me up with ropes, and struck me several times. Sworn before John Webbe, 18th November 1684. 1 p. Endorsed as foregoing.
1949. IX. Colonel Hender Molesworth to Captain Phipps. I desire to speak to you to-morrow respecting your affront to the Spaniard. If you have any other orders or powers that I know of, let me see them, for I must report your conduct by the ship now bound to England, and await your justification. Copy. ½ p. Endorsed as foregoing. [Col. Papers, Vol. LIV., No. 82 I.–IX.]
Nov. 18. 1950. Minutes of Council of Barbados. Order for issue of precepts for holding Grand Sessions. George Hannay to treat for the usual house and see that it be fitted. [Col. Entry Bk., Vol. XI., p. 560.]
Nov. 19.
1951. Order of the King in Council. Referring the examination of the appeal of Sarah Bland to Lords of Trade and Plantations. Signed, Phi. Lloyd. 1 p. Endorsed. Recd. 4 December '84. Read 17 and 20 Jan. [Col. Papers, Vol. LIV., No. 83, and Col. Entry Bk., Vol. LXXXII., p. 320.]
Nov. 20. 1952. Minutes of Council of Virginia. Order for copies of the deposition respecting the murder of Christopher Rousby by George Talbot, with a whole statement of the case, to be prepared and remitted to the King for his orders thereon. [Col. Entry Bk., Vol. LXXXIV., pp. 208–209.]
Nov. 22. 1953. Journal of Lords of Trade and Plantations. The King's pleasure was announced that no mention of an Assembly be made in Colonel Kirk's Commission, but that all power be vested in the Governor and Council till further orders; that marriages and judicial proceedings should be confirmed by the Commission; that liberty of conscience be granted by the instructions; that a public seal will be ordered. The Attorney-General's report concerning Maine, that it devolves on the King, read and approved. Draft Instructions to Colonel Kirk read. He is to nominate the Council, and by private instructions the Secretary and displaced Magistrates shall be of it; Acts made by the Governor and Council shall continue in force till the King's pleasure is known. The Lord Keeper was asked to receive the King's pleasure whether the present taxes shall be continued or new taxes raised. Colonel Kirk is not to leave his government without permission; lands shall not be granted without reservation of a quit-rent of at least two shillings and sixpence per hundred acres; one of the churches in Boston shall be appointed for the Church of England; the planters shall be armed if the Council advise it; the Commissioners of Customs are to draft instructions concerning trade, and the question of the Boston mint is referred to the Commissioners of the Mint. An instruction shall be framed about the French who are subduing the Indians at the head of the Connecticut river. The Lord Keeper is desired to receive the King's pleasure as to the Governor's salary.
The Danish envoy's memorial of 18th November read (see No. 1947). The Lords agree on their report (see next abstract). Memorandum of documents sent and received. [Col. Entry Bk., Vol. CVIII., pp. 35–39.]
Nov. 22. 1954. Report of Lords of Trade and Plantations to the King, on the memorial of the Danish envoy, Mr. Lente, of 18th instant. It would be easy to prove how unjust is the complaint of the Governor of St. Thomas; but since Sir William Stapleton will be shortly returning, it is proposed to inform the Danish envoy that Sir William will be best able to justify his proceedings on his arrival. [Col. Entry Bk., Vol. XLVII., p. 167.]
Nov. 22. 1955. Memorandum as to the province of Maine. The Charter of Massachusetts granted the Company a tract of land with boundaries specified, on pretence of which boundaries the Company possessed themselves of two adjacent provinces. The Proprietors of these provinces appealed to the King in Council and obtained an order for restitution of their properties. Meanwhile the Company bargained with one of the Proprietors for his province, and for 1,200l. possessed themselves by deeds in the name of certain merchants of New England, and have ever since exercised jurisdiction in that province of Maine in the Proprietor's name. Meanwhile the corporation is dissolved by judgment upon a scire facias. Query, Does the province of Maine likewise devolve to the King? Written below: The Attorney-General's opinion. I conceive the trust of the Government of the province of Maine which was in the Corporation is devolved to the King; and as to the trust of the property of any lands there not sold to private proprietors, I conceive that the same will be attendant upon such government as the King shall appoint there for defraying the charge thereof, it being a trust for a corporation for the government of that place. Signed, R. Sawyer. The wholepp. Endorsed. Recd. 17 November 1684. Read, 22nd. [Col. Papers, Vol. LIV., No. 84, and Col. Entry Bk., Vol. LXI., p. 217.]
Nov. 22. 1956. [William Blathwayt] to Henry Guy. The King having appointed Colonel Kirk to be Governor of Massachusetts, my Lords wish the Commissioners of Customs to prepare draft instructions for him in the matter of trade and navigation, and to give their opinion on the clause annexed, concerning trade and engrossing of commodities. They would be glad to receive a report from the Commissioners of the Mint whether the King shall continue the mint in Boston for his own use or abolish it. [Col. Entry Bk., Vol. LXI., p. 218.]
Nov. 22. 1957. A list of papers concerning the ship Trompeuse, New England (see No. 1862), in the handwriting of Sir Richard Lloyd, being his receipt for them. ½ p. Endorsed. [Col. Papers, Vol. LIV., No. 85.]
Nov. 23. 1958. Instructions from Colonel Hender Molesworth to Captain Mitchell, R.N., H.M.S. Ruby. You will forthwith sail to Petit Guavos and deliver my letter to the Governor, demanding satisfaction for a sloop of this island unlawfully seized by Captain Yankey. If the Governor justifies Yankey, you will protest against the injustice of the proceedings. If he seems to admit the illegality of the proceedings of the privateers you will consider Yankey as a pirate and tell the Governor that you will treat him as such. But if he lay the blame on the Intendant of Martinique we must carry our complaint elsewhere. If you meet with Yankey on your way you will endeavour to seize him and carry him with you to Petit Guavos. If the Governor justifies him you will deliver Yankey to him; if not, you will bring Yankey here for trial. You will demand delivery of all english subjects engaged in privateering, but not compel it by force. Copy. 3 pp. Endorsed. Recd. 31 March 85. [Col. Papers, Vol. LIV., No. 86.]
Nov. 24. 1959. Journal of Lords of Trade and Plantations. Report of the Commissioners of Customs concerning the trade of the Spaniards for negroes read (see No. 1948). The Lords agreed as to the draft of a letter to the Governor of Jamaica (see No. 1974). Colonel Molesworth's letter of 30th August read (see No. 1852). His proceedings to be approved. The questions of the Receiver-General and of the frigates to be referred to the Treasury and Admiralty.
Agreed that the laws of New England be transcribed and amended. Memorandum of documents sent and received. [Col. Entry Bk., Vol. CVIII., pp. 40–44.]
Nov. 24.
New Hampshire.
1960. Certificate of Richard Chamberlain, that Governor Cranfield never forbade the supply of copies of public records, with the exception of those of Gove's trial, which he deferred until a copy should be sent to the King. Certified copy. ½ p. Endorsed. [Col. Papers, Vol. LIV., No. 87.]
Nov. 25.
1961. Petition of William Veazie to the Bishop of London. Your Lordship is a Jehoiada and a ruler in and over the house of God, and I know myself to be a genuine son of the Church of England, so I feel emboldened to lay my complaint before you. I with my children am practically cast out of the heritage of the Lord, not being confirmed nor received to the Holy Communion. Holy discipline also is neglected. We are rent and torn by separations and divisions. There are in this town at least five or six hundred souls, and only about sixty are received to Holy Communion, a great part of them unbaptized. Many desiring it were not admitted because they could not assent to their way. I desire not the recording of my brothers' or teachers' infirmities; but pray intercede for us for the healing of our divisions. Signed, William Veazie. 1 p. Inscribed and endorsed, Rec. 14 May '85. [Col. Papers, Vol. LIV., No. 88.]
Nov. 25. 1962. Deposition of John Thorp, Captain, and James Wale, Owner, of the sloop James. On the 4th October we met Captain Yankey in the ship Dolphin off Carthagena, who fired a volley of small shot into our sloop, in spite of our showing our colours, and ordered us on board him, while his men plundered our sloop. We were kept prisoners for six weeks till he came to Petit Guavos, where the Intendant and Council voted her good prize. The Governor and Intendant told us that the decision was against their votes, which is apparent from the fact that the Governor did not accept his tenth of the value. We protested against the judgment to the Intendant, but he gave us reviling language, and told us to go and complain to the King of England. Laurens, the pirate, who gave Yankey his commission, took three barre's of flour from our ship, and Yankey told us that he had had forty-eight men from the Trompeuse, and hoped shortly to take some negroes from the plantations in Jamaica.
Deposition of Henry White, formerly belonging to Yankey's ship. Confirms the fact of the taking of the sloop, and adds that some Spaniards on board were tortured.
Deposition of Antonio Belia, Antonio Ferrera, and Antonio de la Pena. That being questioned at Petit Guavos whether Thorp and Wale brought any arms and ammunition for sale to Spaniards, or any Spanish goods on board, they said that they did not.
Depositions of William Wilmot and others, petty officers of the James. Confirming the facts stated in the above depositions. Copy. 7½ pp. Endorsed. Recd., 31 March. Read 4 April 1685. [Col. Papers, Vol. LIV., No. 89.]
Nov. 26.
1963. Lord Howard of Effingham to the Earl of Sunderland. I am sorry that the first occasion of my asking your directions is due to an unfortunate accident, but I have no precedent to guide me. Colonel George Talbot, the first Councillor empowered by Lord Baltimore as Governor for Maryland in his absence, went on board the ketch Quaker, riding, as they say, nearly two miles within the point of Patuxen River, where, after trying to quarrel both with Captain Allen and Mr. Christopher Rousby (who was on board on the King's service) he stabbed Rousby with a short dagger, which was newly prepared and sharpened, evidently for some ill design, though it is uncertain whether against Rousby. Captain Allen brought Talbot to me to be proceeded against. The Council of Maryland demanded him in the proprietor's name to be tried within their province. But though the law seemed to favour their demands, the crime was so horrid that refused to return him pending instructions from the King and the Duke of York, being unwilling to lessen the authority given me by the Duke as Vice-Admiral, which empowers me to punish offences of this nature within his jurisdiction. I await with equal impatience the King's decision as to Lord Baltimore's claim to the Potomac. That part of Virginia is not at present comprehended in the agreement between the King and Lord Culpeper; but Lord Culpeper is still the proprietor, and entitled to fines, forfeitures, and quit-rents. Should this property and the river also be excluded from the inhabitants, I greatly fear that they would leave their plantations and withdraw to Maryland, rather than be separated from the King's Government in Virginia. This would be a great diminution of the King's revenue and authority, and I have reason to believe from the circumstances of Colonel Talbot's crime, and Lord Baltimore's claim, that this is the object of those in Maryland. Signed, Effingham. Holograph. 2 pp. Endorsed. Read 31 Jan. 84/5. [Col. Papers, Vol. LIV., No. 90, and Col. Entry Bk., Vol. LXXXII., pp. 308–311.] Annexed,
1963. I. Information of Captain Thomas Allen, R.N. Colonel George Talbot came on board the Quaker about five o'clock on the 31st October, in a small sloop, with himself, five men, and a boy. Finding out that I was aboard he came running down to the cabin. Christopher Rousby, when he saw him, rose from his chair and asked him to sit down, for we were at supper. He declined to join us, saying that it was his fasting-day, but I made him welcome, and when supper was ended he fell to kissing of me. I desired him to forbear for I was no woman, and then he hit me a blow on the heart and a box on the ear. He did this again a quarter of an hour later, and I told him I would stand him no longer; and then he said that he and I could not be friends till we had fought on shore, and I told him I would not refuse him. He then tried to kiss me again, but after a time he asked me to drink Lord Baltimore's health, and I said, with all my heart but Lord Effingham's first, to which he objected, so I said that Lord Effingham's must come first or no healths at all. Then Mr. Rousby came in and sat down on the opposite side of the table to Colonel Talbot, and presently he said he would go, but Talbot said he would sleep on board. Then Talbot went to Rousby and said, "Rousby, you son of a whore, you dog, give me your hand," but Rousby refused unless he gave him better words. And Talbot said again, "Rousby, you dog, give me your hand. Don't you know that I am your Governor and can do you a kindness." Rousby answered, "I don't value anything you can do to me." And with that Talbot started up and pulled Rousby's cravat to pieces. Rousby said nothing, but rose up to go, and Talbot started up and met him, and clapped him on the right shoulder with his left hand, saying. "dear Rousby," with his dagger under his coat in his right hand, and then stabbed him in the right breast. My servant called out, "He has stabbed him," and my doctor, who was standing by, seized Talbot, and the men presently removed Talbot, while the doctor went to look after Rousby. But in half an hour Rousby was dead. I ordered the corporal to put Talbot in irons, but while this was doing Talbot said that nothing troubled him so much as that he had not stabbed more, that he hoped to spill and drink a thousand of our bloods &c. At one o'clock on 2nd December Colonel Darnall and Major Sewall came on board and asked for the prisoners in the proprietor's name. I told them they should have him if they asked in the King's name. They said they could not, and I told them that I would carry him to Virginia. When the king's name came before the Lords Proprietors they asked by what authority I rode there, and I said, "To do my duty to my king," and I sent them ashore in my boat. Three days after the under sheriff came with a hue and cry to fetch the prisoner, and I showed him to them, but they said nothing, and went away. Dated 20th November 1684.
Deposition of Henry Burden, of H.M.S. Quaker, confirming the conversation with Darnall and Sewall. The whole 4 pp. Endorsed.
1963. II. The Council of Maryland to Lord Howard of Effingham. You will doubtless have heard of the late horrid murder of Christopher Rousby by Colonel George Talbot, now a prisoner on board the King's ketch in Patuxen River. As soon as we heard of it we issued warrants for the arrest of the murderer, and, being advised that he was a prisoner on board the ketch, went some of us personally on board and demanded that he should be delivered up to justice. Captain Allen peremptorily refused to deliver him, affirming that by his commission and instructions he was upon all occasions to apply to your Excellency for orders. Accordingly he has taken the prisoner away. Having maturely considered the case, we conceive that the crime having been committed within the jurisdiction of this province, no other can take cognizance thereof, and that so great a crime may not pass unpunished we hold ourselves bound to apply to you, on behalf of Lord Baltimore, for the delivery of the prisoner to this Government. And we beg also that you will order all persons on the ketch that can bear witness against the prisoner to come and give their evidence at the trial. Your Excellency's courtesy and neighbourliness will, we doubt not, save us the labour of straining for arguments in support of our request. Signed, Thomas Tailer, Henry Darnall, William Digges, William Burges, Nicho. Sewall. Dated 5th November 1684. Certified copy. 1½ pp. Endorsed. Read 31 Jan. 84/5.
1963. III. Information of Edward Wade, surgeon of the Quaker. Confirming Captain Allen's account of the murder; of Robert Moline, who saw the murder committed; of John Lloyd, steward, as to the abusive language of Talbot after he was put in irons; and of Charles Bignell, corporal, confirming Lloyd. The wholepp. Endorsed.
1963. IV. Minutes of Council of Virginia, held at Poropotanke, 20th November 1684. Captain Allen brought Talbot before the Board to ask how he should be disposed of. Talbot claimed to be sent back to Maryland for trial, saying that the ship was lying within Lord Baltimore's and outside the Admiral's jurisdiction at the time of the murder, and insisting on 13 Car. II. cap. 9. Resolved to remit the question to the King, and that Talbot be committed to the custody of the sheriff of Gloucester county. 1½ pp. On the next page,—
Copy of letter from Lord Howard to the Council of Maryland, dated 22nd November 1684. After due consideration of your letter I cannot comply with your request for the delivery of Talbot to you, the crime having been committed on one bearing the King's commission and on a King's ship, pending the decision of the King. I commend to you the necessity for appointing a successor to Rousby, and also your duty to assist the captain of Her Majesty's ship in the discharge of his functions in enforcing the Acts of Trade and Navigation. The whole 3 pp. Certified copies. Endorsed. Recd. 31 Jan. 84/5.
1963. V. Copies of the depositions given in Nos. I. and III.
1963. VI. Copy of a letter from Captain Allen to Mr. Pepys. Reporting the murder of Christopher Rousby, adding, —I believe the dagger was prepared for me, because I told the master that I meant going for Maryland, and that if they did not go first to the King's Collector and show their cocquets I would seize them when I came up. 1 p. Endorsed. [Col. Papers, Vol. LIV., No. 90 I–VI.]
Nov. 26.
1964. Colonel Hender Molesworth to the Governor of Petit Guavos. Since my assumption of the Government there has sailed from this port Captain John Thorpe of the sloop James, with Mr. James Wale, owner of the sloop. It appears by several depositions that she was seized by Captain Yankey, a privateer belonging to your port, under French colours, who, having plundered the ship and kept the men prisoners for six weeks, at length carried them to Petit Guavos, where without proof of any kind the Intendant and Council condemned sloop and goods as lawful prize. I am surprised at this act of hostility, considering the friendly relations between the two crowns. The pretence by which it is soaght to justify it is very frivolous, and I send Captain Mitchell to protest against the proceeding, to ask that Yankey may be compelled to make restitution and satisfaction. I hear that you so far disowned the proceedings of the Council as to refuse to accept the share due to you as Governor, so that you cannot but be sensible of the justice of my complaint. I hope therefore that you will give me satisfaction, as I should give it to you in the like case. A privateer, Captain Brahan, belonging to your port, has lately robbed several of our turtling sloops to the value of 500l. I trust that you will grant us satisfaction, or give us leave to take it. I enclose copy of the Treaty of Ratisbon, concluded between France and Spain, 19th August 1684. I beg that you will cause all Englishmen on the privateer ships in your harbour to be delivered to Captain Mitchell. Copy. 3 pp. Endorsed. Recd. 31 March. Read 4 April 1685. [Col. Papers, Vol. LIV., No. 91.]
Nov. 27. 1965. Minutes of Council of Jamaica. The Lieutenant-Governor acquainted the Council of several complaints of the disturbances of traders and fishermen at the South Cays by Spanish periagos and French privateer-ships, that Captain Stanley in the galley and two sloops were appointed to put down these pirates, but that they desired an embargo on other shipping, that they might have the monopoly of the coastal trade for these pains. Order for an embargo accordingly on certain conditions, and for a contribution from the Treasury for fitting out and victualling the ships. The Lieutenant-Governor reported that he had ordered the frigate to sail to Petit Guavos to demand satisfaction for the capture of Mr. Wale's sloop James, by the privateer Yankey. Mayor Beckford presented a report on the guns of the forts, which require to be changed for others more efficient. Resolved to recommend the suggestions at home. Order fcr payment of salaries to gunners and others. Adjourned sine die. [Col. Entry Bk., Vol. XXXVI., pp. 56–59.]
Nov. 27. 1966. Extract from Minutes of the Council of Jamaica, giving the establishment for the forts of the Island. Total, 1 Captain, 1 Lieutenant, 1 Captain's servant, 7 gunners. Total pay per annum, 405l. 1s. 6d. 1 p. Endorsed. [Col. Papers, Vol. LIV., No. 92.]
Nov. 27. 1967. Certificate that judgment was entered for the King in his action against the Governor and Company of the Somers Islands. Certified by Ro. Wintour. 1 p. [Col. Papers, Vol. LIV., No. 93.]
[Nov. 27.] 1968. Copy of the judgment, without the certificate. Endorsed. [Col. Papers, Vol. LIV., No. 94.]
Nov. 29. 1969. Memorandum of recommendations concerning the Charter of Bermuda, to be submitted to the King at the meeting of the Committee. Rough draft. ½ p. Endorsed. [Col. Papers, Vol. LIV., No. 95.]
Nov. 29. 1970. Journal of Lords of Trade and Plantations. Report of the Lords of the Treasury that the prosecution of Mr. Martin's patent in Jamaica should be encouraged. The question to be referred to the Attorney-General, who opined that a scire facias against a patent granted in England only lies in the Courts in England and not in Jamaica. Report of the Commissioners of the Treasury that any forfeitures of fifty pounds and over should be at once reported to them. Approved and ordered accordingly. Draft letter to Colonel Molesworth (see No. 1974).
Order for a copy of the judgment against the Bermuda Company to be despatched to the Governor, and a writ of seizure with it.
Governor Cranfield's letters of 14th May and 25th August read. The Lords bearing in mind the despatch of Colonel Kirk ordered a clause in his commission revoking that of Governor Cranfield.
Acts of Antigua. Four private Acts approved, but Sir William Stapleton to be directed to pass no more. Two Acts approved. Acts of the General Assembly of the Leeward Islands. Act as to building of forts referred to the Lords of the Treasury; Act as to ascertaining of lands postponed till Sir William Stapleton's arrival; seven other Acts approved. The Recorder ordered to attend touching the business of transporting malefactors.
The Chancellor of the Exchequer recommended Mr. Rich for the Council of Barbados on occurrence of a vacancy. Agreed to recommend him. [Col. Entry Bk., Vol. CVIII., pp. 45–50.]
Nov. 29.
New Hampshire.
1971. Certificate of Richard Chamberlain, that in February 1683 Edward Randolph brought an information against Joseph Dow and others for riotous meeting. The others on their submission were discharged, but Dow, who persisted in his contemptuous carriage, and refused to take the oath of allegiance was bound over to take his trial at the next Quarter Sessions, though not committed to prison. He has since left the province. Certified copy. ½ p. Endorsed. [Col. Papers, Vol. LIV., No. 96.]
Nov. 29. 1972. Form of a writ of seizure, following on the judgment for the King against the Bermuda Company. Draft. ½ p. Latin. Endorsed. From Mr. Burghill, 29 Nov. '84. [Col. Papers, Vol. LIV., No. 97.]
Nov. 29. 1973. Memorandum of Lord Godolphin's proposal as to forfeitures in Jamaica, and of its acceptance by the Committee [Col. Entry Bk., Vol. XXX., p. 297.]
Nov. 30. 1974. The King to Colonel Hender Molesworth. We approve of your proceedings since your assumption of the Government, and would have you follow Sir T. Lynch's methods and example. We now require you, for the encouragement of the negro trade, to take care that all Spanish ships or persons that come to Jamaica be civilly treated, provided they do nothing contrary to the Acts of Navigation. They may have free admission with either money of goods, and no duties shall be exacted for the blacks other than those appointed by law. Countersigned, Sunderland. [Col. Entry Bk., Vol. XXX., pp. 278, 279.]
1975. Abstract of the petition and papers of the Proprietors of the Bahamas (see ante, Nos. 1924 I., 1944), with a list of several further depositions. 8 pp. Endorsed. [Col. Papers, Vol. LIV., No. 98.]