America and West Indies: January 1685

Pages 758-765

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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January 1685

Jan. 4
2040. Order of Sir Richard Dutton to Thomas Jennings for the seizure of all letters arriving from England for Sir John Witham. Copy. Certified 20 July 1685. ½ p. [Col. Papers, Vol. LV., No. 1.]
Jan. 6.
New Hampshire.
2041. Governor Cranfield to Lords of Trade and Plantations. Since my last letter higher commotions and disturbances have occurred in the province and greater affronts have been offered to myself and the King's officers than at any time since my arrival. These have been stirred up by letters from Nathaniel Weare, and improved here by Waldern, Gillman, and Vaughan, who is lately gone to England to make further complaints. A council has been frequently held by the above-named persons at the house of Major Pike, a Magistrate of Massachusetts, to which place all the ill men daily resort for advice. Many of the town of Hampton and Exeter have signed a paper, that I cannot get sight of, to do nothing but what they themselves duly judge to be law. And although by their petitions and agents they made great professions of loyalty to the King's person and Government, yet at the same time they beat and abuse his marshals and justices here to such a degree that they are afraid to execute their office, and have, therefore, many of them, flung up their commissions. I have prevailed with Mr. Robert Wadleigh to accept a Commission of the Peace, and have called him into the Council, the number being under seven. Since his return from England he has been well affected, and I commend him to your favour. I have troubled you with so many complaints that I forbear to add further particulars. I esteem it the greatest happiness of my life to remove from among these people, the rather since all the world can see that it is not my person but the terms of my commission that they cavil at. Time will show that no man can be acceptable to them who executes the King's orders. The licence for my departure arrived so late that all the West Indian traders are goue, but I hope soon to find a passage to Barbados or Jamaica where I shall be ready to receive your orders, only trusting that they may not be for my return here, since I have neither health nor ability for the work. Signed, Edw. Cranfield. 1½ pp. Endorsed. Recd. 22 April 1685. Read 15 July. [Col. Papers, Vol. LV., No. 2, and Col. Entry Bk., Vol. LXVII., pp. 143–144.] Enclosed,
2041.I. Deposition of Henry Roby, Justice of the Peace. As to the ill-treatment of himself and the Provost Marshal when endeavouring to arrest men who had spoken slightingly of the Governor and Council. Sworn before Robert Mason, 5th January 1684–85. 2 pp. Endorsed. Recd. 22 April 1685.
2041.II. Deposition of John Mason, Deputy Provost Marshal. As to the ill-treatment of himself and the Marshal when endeavouring to execute their duty, on several occasions being severely beaten. Sworn as the foregoing. 2½ pp. Endorsed as foregoing.
2041.III. Deposition of Christopher Palmer. As to grounds for suspecting an association for opposing the King's laws. Sworn and endorsed as the foregoing. 1½ pp.
2041.IV. Deposition of Thomas Thurton, Provost Marshal of New Hampshire. As to ill-usage of himself on various occasions when in the execution of his duty, his horse being let loose, his bridle taken away, and himself beaten and bound. 3½ pp. Sworn before Robert Mason6th January 1684–85. Endorsed as foregoing.
2041.V. Further deposition of Thomas Thurton. As to voices that he heard when bound. Sworn before Richard Chamberlain, 7th January 1684–85. ½ p. Endorsed as foregoing. [Col. Papers, Vol. LV., Nos. 2 I.–V.]
Jan. 7.
2042. Governor Sir William Stapleton to Lords of Trade and Plantations. The unkind usage by the Governor of Curacao to one Captain Beare, who had my commission to pursue pirates and Indians, has obliged me to send Captain Tennant to demand him. The Governor threatened to hang Beare because he took a Spanish pirate, Rodrigues, who lately captured the Africa. The Guernsey has been gone three weeks, so I expect her back every day. The enclosed depositions show that this Governor is like the former Governor of St. Thomas. Some French in Petit Guavos are turned pirates. The new Trompeuse was fitted and protected by the godly New England independents. There were never so many rogues in these parts with greater licentiousness and impunity. I am now sending to the Count de Blenac about ill-usage of Mr. Middleton, Mr. Tollemache, and others. No officer having arrived from the King to collect the four-and-a-half per cent. duty, and the farm being expired, I thought it my duty to give orders for its collection. I conclude with my old importunity concerning the two foot companies and my arrears. Signed, W. Stapleton. Holograph. 1 p. Endorsed. Recd. 23 March. Read 15 April 1685. Annexed,
2042. I.. Deposition of Aaron Basset and Henry Giles, as to the capture of the sloop, Little Edward, of London, by French privateers, among them the Trompeuse, lately come from New England.Sworn before Joseph Martyn, 6 Jan. 168 4/5. 1 p. Endorsed. Recd. 23 March 168 4/5.
2042. II.. Deposition of William Tollemache, who was on the Little Edward, to the same effect, confirmed by deposition of Benjamin Middleton, Sworn, 4 Jan. 168 4/5. List of the pirate ships. The whole, 3 pp. Endorsed as the foregoing. [Col. Papers, Vol. III., Nos. 3, 3 I., II.,and Col. Entry Bk. (without enclosures),Vol. XLVII., pp. 182–183.]
Jan. 10. 2043. Lord Cardross to [Governor Moreton ?]. Some more of the Yamasees arrived yesterday at St. Helena to settle with the former settlers of their nation there. They brought the enclosed letter from the Governor of St. Augustine, directed as we suspect to your honour. It was given them by Mr. Caleb Westbrooke at their landing, who hastened to us with it. As we lie on their frontier it concerns us much to know the Spaniards' movements and intentions, and we beg therefore for a copy of the letter. Signed, Cardross, Hamilton, Montgomerie, Will. Dunlop. [Col Entry Bk., Vol. XXI., p. 136.]
Jan. 13. 2044. Journal of Lords of Trade and Plantations. Mr. Pepys to be hastened in preparation of the clause for Sir Philip Howard's instructions touching the jurisdiction of the Admiralty in Jamaica. Sir Philip's draft instructions read. A clause to be added directing him to restore none of the officers removed by Sir Thomas Lynch or Colonel Molesworth until, having examined and reported on the same, he receives the King's command. Lord Dartmouth to be desired to send an account of the ordnance stores sent to the Plantations since 1676. A copy of the Order of Council of 15th May, touching the supply of Jamaica with negroes, to be given to Sir Philip Howard. The clause concerning patent offices amended. The case of Richard Young, whose bond was forfeited for breach of the Act concerning ships in Barbados was referred to the Attorney-General. Sir John Witham's letter of 31st October read, complaining of hardships received from Sir Richard Dutton; also an extract from Sir Richard Dutton's letter of 12th November (see No. 1934). Resolved to recommend that Sir Richard Dutton be ordered to suspend execution until the King decide the whole matter. The Act for an impost on imported liquors read, wherein it was noticed that a present is given to Sir R. Dutton. The Lords agree on their report condemning this breach of orders (see No. 2058).
Report of the Commissioners of the Treasury on the proposal of the late Bermuda Company read, which the Lords recommend to the King (see No. 2057).
The Lords proceeded with the examination of the laws of New England, and referred it to the law-officers how far the laws made before the vacation of the Charter were in force. Memorandum of despatches sent and received. [Col. Entry Bk., Vol. CVIII., pp. 67–73.]
Jan. 14. 2045. Receipt for certain papers respecting the proceedings of the Spaniards at Providence, handed to Sir Peter Colleton by William Blathwayt. Signed, P. Colleton. 1 p. Endorsed. [Col. Papers, Vol. LV., No. 4.]
Jan. 14. 2046. William Blathwayt to the Attorney-General. Transmitting the papers concerning the carrying home of Samuel Hanson by Captain Richard Young of the ship Malaga, for opinion as to forfeiture of Young's bond. [Col. Entry Bk., Vol. VII., p. 260.]
Jan. 14. 2047. Order of the King in Council. Report of Lords of the Treasury to the King. We have considered the proposal of the late Bermuda Company that you should confirm the sale of eight shares of the public land for satisfaction of their debt, they relinquishing all claim to that or to the other estates of the Company. We cannot recommend the alienation of any of the Crown lands, which are of great importance to the defence of the place, and we think it better to apply a third part of all levies to the extinction of that debt. Signed, S. Godolphin, Ste. Fox, D. North Hen. Thynne. Ordered accordingly. 2 pp. Copy, certified by William Bridgeman. Endorsed, Recd. 11 June 1685. Read to Committee 15 July 1685. [Col. Papers, Vol. LV., No. 5, and Col. Entry Bk., Vol. XVII., pp. 111–113.]
Jan. 14.
2048. Order of the King in Council. Approving the following report of Lords of Trade and Plantations, and directing a letter to be prepared accordingly by Lord Sunderland. The Report.— After reading Sir John Witham's answers to the charges of Sir Richard Dutton, there appears to us no sufficient ground for the treatment which he has received, but pending the receipt of further documents from Sir Richard we can advise only that Sir Richard be ordered to suspend the execution of proceedings against Sir John until the whole matter shall have been laid before your Majesty. We have received an Act for an imposition on wines, providing for the payment of a present of 2,000l. to Sir Richard Dutton and praying your Majesty's assent thereto. This method is directly contrary to your Order of 15th December 1682 (see No. 855), of which we do not understand that entry has been made in the books of the Assembly and Council of Barbados. We recommend an order to the Treasurer to reserve the 2,000l. until, on proper application you shall approve of the gift or direct the application of the money to other purposes. Dated13th January 1685. [Col. Entry Bk., Vol. VII., pp. 254–256.]
Jan. 15. 2049. The King to Sir Richard Dutton. A letter in the terms of the above report. "We will have our instructions punctually obeyed without any diminution whatever."Countersigned, Sunderland. Memorandum of the despatch of the letter, 21st January. [Col. Entry Bk., Vol. VII., pp. 256–260.]
Jan. 15. 2050. The Attorney-General to William Blathwayt. The King is entitled to bonds forfeited in all cases where subjects have not suffered particular damages. Signed, Robert Sawyer (see No. 2056). [Col. Entry Bk., Vol. VII., p. 261.]
Jan. 17. 2051. Journal of Lords of Trade and Plantations. Mr. Pepys, Sir R. Lloyd and the Solicitor-General, attended respecting the jurisdiction of the Admiralty in Jamaica, and a clause was prepared by Mr. Pepys (see No. 2065) for insertion in Sir Philip Howard's instructions. A further clause was added empowering the Governor to appoint Generals, Captains of ships, and other Commanders and give them power to proceed by martial law against offenders at sea or in the ports of the Island. The Order in Council of 15th November 1682 to be cancelled.
On the business of the Bermuda Company, some members of the late Company were called in, who agreed to comply with the order of the Commissioners of the Treasury. Governor Cony to be informed and to take possession of all the Company's estate for the King.
The Attorney-General brought up his report on the case of Richard Young (see No. 2060). The Lords agreed upon their report (see No. 2069). Memorandum of letters sent. [Col. Entry Bk., Vol. CVIII., pp. 73–77.]
Jan. 19. 2052. Memorandum of Lords of Trade and Plantations. A letter was sent to the Master of the Rolls giving him notice that the business of removing the records in the Rolls to the Tower of London will be considered to-morrow, and that he appoint some person from the Rolls to attend. [Col. Entry Bk., Vol. CVIII., p. 77.]
Jan. 20. 2053. Journal of Lords of Trade and Plantations. Laws of New England examined. On the law entitled Fence for Cattle the Lords decided that controversies under the value of forty shillings may be determined before a justice of the peace. The law officers to attend the Committee with their opinion on those laws on Monday next.
Draft of a clause in the King's letter to Governor Cony read, directing him to take possession of the property formerly belonging to the Bermuda Company for the King. The letter was delivered to Mr. Tucker on the 22nd.
Draft of Sir Philip Howard's commission presented and approved, with the Duke of York's advice on the clause respecting the Admiralty.
Memorial of Mr. Randolph as to his expenses in New England. The Lords agree to report favourably thereon. Memorandum of letters sent and received. [Col. Entry Bk., Vol. CVIII., pp. 78–81.]
Jan. 20. 2054. William Blathwayt to the Commissioners of Ordnance. Asking an account of the ordnance, arms and stores of war sent to the Plantations since December 1676. [Col. Entry Bk., Vol. XCVII., p. 116.]
Jan. 20. 2055. 2055. Clause providing for the exemption of the commander, officers and company of the King's ships to be employed at Jamaica, by immediate commission from the King or the Lord High Admiral, from being subject to any jurisdiction of the Admiralty there. The offenders are left to be dealt with under the Statute of 28 Henry VIII. or the Act for regulating the Navy of 13 Car. II. The Governor may, however, suspend a Captain for disobedience of his written orders and commit him to custody to be tried as above. Draft with corrections. 2 pp. Endorsed. Read and approved 20 Jan. 84/5. Presented by Mr. Pepys. [Col. Papers, Vol. LV., No. 6.]
Jan. 20. 2056. Summons for all parties concerned in the appeal of Sarah Bland against Colonel St. Leger Codd to appear before the Lords of Trade and Plantations on the 31st. Signed, William Blathwayt. [Col. Entry Bk., Vol. LXXXII., p. 321.]
Jan. 20. 2057. Minutes of Council of Barbados. Stephen Gascoigne was sworn of the Council. He and Edwyn Stede, Commissioners of the four-and-a-half per cent. duty and eighteenpence office took the oaths and signed the test. Order for the Commissioners of fortifications for Hole and Speights to adjust the accounts of all workmen and other creditors. The Councillor's oath. Edward Kirke's petition for remission of duty on wine granted. The Assembly brought up a supplemental Act for the ordering of negroes, which was passed, an order for paying the expenses of last Grand Sessions, which was passed, and an address for payment of 48l. 10s. to Richard Cartwright for transcribing the Journals and Laws, which was passed. Adjourned to 17th February. [Col. Entry Bk., Vol. XI., pp. 573–575.]
Jan. 21. 2058. Journal of Assembly of Barbados. Supplemental Act for ordering of negroes passed. William Geddes took the oaths as Marshal. Order for payment of the expenses of last Grand Session, and of Richard Cartwright for transcription of the Journals and Laws. Adjourned to 17th March. [Col. Entry Bk., Vol. XIV., pp. 16–17.]
Jan. 21.
2059. Order of the King in Council. Report of Lords of Trade and Plantations. We have examined several informations against Richard Young for carrying passengers without a ticket, and having consulted the Attorney-General, we recommend that execution be issued and his bond forfeited; and since Samuel Hanson occasioned the breach of the law and has given security to Young to save him harmless, we see no grounds for remission. Dated, 17th January 1685. Ordered accordingly. [Col. Entry Bk., Vol. VII., pp. 261–262.]
Jan. 21.
2060. Order of the King in Council. Report of Lords of Trade and Plantations. We have added special clauses to Sir Philip Howard's commission for the removal of difficulties in relation to the Admiralty, and recommend the revocation of Order in Council of 15th November 1682 in consequence. Ordered accordingly. Signed, Phi. Lloyd. [Col. Entry Bk., Vol. XXX., pp. 317–318.]
Jan. 23. 2061. Minutes of Council and Assembly of St. Christopher's. The Assembly concurred in an Act for the punishment of privateers and pirates. The Assembly proposed. — 1. That the Governor beg the King to grant the Island the farm of the four-and-a-half per cent. duty, being ready to give him 250l. or 300l. a year for it. 2. That the Governor beg the King to send a recruit of soldiers and disband those that are married, and who are thus able to live by themselves. 3. That the Governor be asked to secure the ratification of the Treaty of Neutrality. 4. That the Governor be asked to pray the King to put a period to the affairs referred to him by the National Court as to laws, &c., clandestinely bought by the French from the English. [Col. Paper, Vol. LV., No. 48.]
Jan. 24. 2062. Account of ordnance, arms, ammunition, and stores sent to Barbados, St. Christopher's, New Hampshire, Jamaica, Virginia, and New York since December 1676. Total value, 4,780l. Signed, Chris. Musgrave, Ber. de Gomme, Edw. Sherburn, F. Gardiner. 3 pp. Endorsed. Recd. 31 Jan. 168 4/5 from my Lord Dartmouth. [Col. Papers, Vol. LV., No. 7, and Col. Entry Bk., Vol. XCVII., pp. 117–120.]
Jan. 31. 2063. Journal of Lords of Trade and Plantations. Sir William Stapleton's letter of 28th October read (see No. 1909). The Lords direct an extract of the letter, and a copy of the King of Denmark's Commission to be sent to Lord Middleton for communication to the Danish envoy.
On the laws of New England, the law officers asked for further information before they could answer the question put to them. Mr. Blathwayt ordered to attend them with the necessary papers and, if necessary, to take the opinion of the judges.
Lord Howard's letter of 26th November read (see No. 1963), with the depositions concerning the murder of Christopher Rousby. Agreed to move the King that Colonel Talbot be tried by special commission in England, that he be sent to England in the Quaker ketch, and that another vessel be sent to attend Lord Howard meanwhile.
Sir Philip Howard's instructions amended. Lord Dartmouth presented the list of ordnance stores sent to the plantations (see No. 2072). Memorandum of despatches received. [Col. Entry Bk., Vol. CVIII., pp. 81–87.]
Jan. 31.
2064. Lords of Trade and Plantations to the King. We have received a letter from Lord Howard of Effingham to Lord Sunderland, concerning a barbarous murder committed by Colonel George Talbot. We recommend that Talbot be tried by special commission here in England, that a ship be sent to Virginia with instructions that Talbot be brought over in the Quaker ketch, and the necessary witnesses with him, the new ship to take the place of H.M.S. Quaker in Virginia; and that the Lords of the Treasury be directed to sent out a fit successor to Christopher Rousby. Copy. 2 pp. Endorsed. This Report is dated23rd February in the Entry Book. [Col. Papers, Vol. LV., No. 8, and Col. Entry Bk., Vol. LII., pp. 91–93.]
Jan. 31.
2065. Lords of the Treasury to [Sir Richard Dutton]. Ordering the forfeiture of Richard Young's bond, and that the money be lodged in the hand of Edwyn Stede (see No. 2069). Signed. Godolphin, D. North, Ste. Fox, J. Ernle, H. Thynne. [Col. Entry Bk., Vol. VII., p. 263.]