America and West Indies: November 1685

Pages 114-123

Calendar of State Papers Colonial, America and West Indies: Volume 12 1685-1688 and Addenda 1653-1687. Originally published by Her Majesty's Stationery Office, London, 1899.

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November 1685

Nov. 2. 444. Journal of Assembly of Virginia. Twenty-three burgesses only being in town, they informed the Governor that they thought they had not authority to adjourn themselves nor to choose a Speaker. The Governor prorogued them until the next day.
Nov. 3. The Assembly attended the Governor in Council and was ordered to choose a Speaker.
Nov. 4. The Speaker having been chosen, the burgesses waited on the Governor in the afternoon, when Colonel William Kendal was approved by him as Speaker. The Governor read a speech, proposing Acts to empower counties and parishes to make by-laws, to change in all clauses relating to forfeitures the words "to be accounted for to the public" to "to be accounted for to His Majesty." He informed them also of the return of Colonel Byrd, having successfully ratified the peace with the Indians; and reproved the peevish temper of those who were discouraged at the additional duty on tobacco. The King's letter of 26 June was read, and the articles of peace ratified by Colonel Byrd.
Nov. 5. At the request of the burgesses the Governor appointed two Councillors to administer the oaths to the lower house.
Nov. 6. The oaths were administered.
Nov. 7. One of the Councillors appointed to administer the oaths, the Governor appointed another. Copies of the Governor's speech and of the King's letter furnished to the house. [Col. Entry Bk., Vol. LXXXV., pp. 267–271.]
Nov. 5. 445. Minutes of Council of Jamaica. The Lieutenant-Governor reported that Captain Davis had returned from pursuit of the rebel negroes, in consequence of bad weather. Ordered, that the following rewards be offered to any that will take or kill those negroes, viz., for the negro Cophy £10, for five others of the chiefest, £5 a head, for any others £2 a head. Any rebel negro discovering his accomplices shall receive a pardon, and if he take and kill them not only a pardon, but the rewards aforenamed. Colonel Bourden to announce this to the negroes at Guanaboa; three parties of three files [eighteen men], a sergeant, and an officer, to be employed for one month against the rebels. Order for payment of £20 to Dr. Francis Rookes for curing five persons wounded in the late expedition against the negroes. Order for payment of £500 of salary due to the Governor. [Col. Entry Bk., Vol. XXXVI., pp. 102–103.]
Nov. 5. 446. Receipt of Edward Randolph for papers received by him from the Plantation-office. Signed, Ed. Randolph. 1 p. Endorsed. [Col. Papers, Vol. LVI., No. 98, and Col. Entry Bk., Vol. LXI., p. 266.]
Nov. 6. 447. Petition of Henry Walrond to Lords of Trade and Plantations. For rehearing of the case against Sir John Witham, when he believes that he can prove the most material points in the indictments against him. Inscribed. Recd. 6 November '83 [error for '85]. Endorsed. Recd. 6 Nov. 1685. Read 7 Nov. Nothing done. 1 p. [Col. Papers, Vol. LVI., No. 99.]
Nov. 7. 448. Journal of Lords of Trade and Plantations. Petition of Sir Richard Dutton read and rejected (see next abstract). Also another petition from Sir Richard (see No. 455) praying for pardon.
The business of Lord Baltimore resumed. The Lords agreed upon their report (see No. 456).
Memorandum of letters despatched and received. [Col. Entry Bk., Vol. CVIII., pp. 224–227.]
[Nov. 7.] 449. Petition of Sir Richard Dutton to Lords of Trade and Plantations. Praying that the interrogatories to Colonel Stede and his answers thereto may not be received as evidence against him, they being contrary to his solemn and voluntary declarations at the Council Board. 1 p. Endorsed. Read 7 Nov. 85. Nothing done. [Col. Papers, Vol. LVI., No. 100.]
Nov. 9. 450. Journal of Assembly of Virginia. Some of the burgesses who remained unsworn took the oaths.
Nov. 10. More of the unsworn burgesses were sworn.
Nov. 11. The Governor made a speech, recommending the claims of Captain Davis of Carolina and Captain Thomas Goodwin.
Nov. 12. The Assembly replied by submitting an order, modelled on that of 1667, calling upon all persons who had claims on the Government to produce them. The Governor rejoined that, the Governor and Council being excluded in this order from participation therein, it would be better to pass the order as an Act.
Nov. 13. The Assembly asked the Governor and Council to join in an address to the King. The Governor answered that he had received an address as to the additional duty on tobacco and desired members to be appointed to confer with members of the Council thereon. He thought it, however, needless for the Council to join in the address. The Conferrers met and the address was amended.
Nov. 14. The Assembly sent a message to the Governor praying the Council to join in the above address; but the Governor and Council did not think it proper to do so. Copy of the Address, praying the King to dispense with the duty, owing to the low price of tobacco, to the discouragement that the new burden thereon will give to the importation of goods, to the indebtedness that will ensue to the planters, to the necessity that will be laid on the people of buying their clothes elsewhere than from England, and to the fact that the duty, though designed to fall on the retailer and consumer, will surely fall on the planter. [Col. Entry Bk., Vol. LXXXV., pp. 271–277.]
Nov. 11. 451. The Lord Treasurer to the Governor of the Leeward Islands. The King has cancelled the forfeitures imposed on Barachiah Arnall. You will restore the property forfeited accordingly. [Col. Entry Bk., Vol. XLVII., pp. 194–195.]
Nov. 12. 452. Journal of Assembly of Nevis. Sir William Stapleton's letter of 8 August read, asking that Colonel Burt's great expenses as Deputy-Governor might be remembered. [Col. Papers, Vol. LVI., No. 43.]
Nov. 12. 453. Receipt for twenty prisoners from Wells to be transported to Jamaica. Signed, Robt. Chaplin. Against one of the names is written, "sick of the small pox." Against another, "runn away." 1 p. Endorsed. Account of Captain Heywood's prisoners. [Col. Papers, Vol. LVI., No. 101.]
Nov. 13.
454. Order of the King in Council. That Sir John Witham be restored to his dignities, that the fines imposed on him be remitted, and that he be at liberty to take his remedy at law against Sir Richard Dutton. Lord Sunderland to prepare a letter accordingly. [Col. Entry Bk., Vol. VII., pp. 348–353.]
Nov. 13. 455. Order of the King in Council. Report of Lords of Trade and Plantations on a petition from Sir Richard Dutton, Setting forth that necessity had compelled him to accept £1,000 as a present from the Assembly of Barbados before receipt of the King's order. As Sir Richard Dutton and Henry Walrond have received divers sums from the Assembly of Barbados, contrary to order, we recommend that the whole matter be referred to the Earl of Rochester, Lord High Treasurer, to call them to account for the money they have received. Dated 7 November 1685. Ordered accordingly. [Col. Entry Bk., Vol. VII., pp. 366–367.]
Nov. 13. 456. Order of the King in Council. Report of Lords of Trade and Plantations. We have examined the dispute between Lord Baltimore and William Penn as to Delaware. We find that the land intended to be granted by Lord Baltimore's patent was only land uncultivated and inhabited by savages, whereas the land in question was settled by Christians before Lord Baltimore's patent. We recommend that to avoid further differences the tract of land between the river and bay of Delaware and the Eastern Sea on the one side, and Chesapeake Bay on the other, be divided into two equal parts by a line from the latitude of Cape Henlopen to the fortieth degree of Northern latitude, and that one half towards Delaware Bay and the Eastern Sea be adjudged to belong to the King, and the other to Lord Baltimore. Dated 7 November 1685. Ordered accordingly. [Col. Entry Bk., Vol. LII., pp. 107–109.]
Nov. 13. 457. Commission to Joseph Dudley to be Vice-Admiral of the Colony of New England. Latin. Incomplete. [Col. Entry Bk., Vol. LXI., pp. 266–267.]
Nov. 13. 458. Address of the House of Burgesses of Virginia to the King. Professions of loyalty, and congratulations over the suppression of the late rebellion. We beg Your Majesty to dispense us from the additional duty on tobacco, which if continued will be very ruinous to us. [Col. Entry Bk., Vol. LXXXIII., pp. 77–79.]
Nov. 13. 459. Governor Lord Howard of Effingham to the Earl of Sunderland. I take the first opportunity given me by my health to acknowledge receipt of the King's letter and of the happy news of the defeat of the rebels. Herewith is sent an address from the Burgesses respecting the additional duty on tobacco. I hope it is so humble and submissive that the King will not be offended at it, or I should not have suffered it to pass. Their importunity and insistence on their privilege prevailed with me to permit it, but the Council and I are not otherwise concerned in it. Signed, Effingham. Holograph. 1 p. Endorsed. Recd. 4 Jan. Read 16 Jan. 85–6. [Col. Papers, Vol. LVI., No. 102, and Col. Entry Bk., Vol. LXXXIII., pp. 76–77.]
[Nov. 13.] 460. Duplicate of foregoing. Dated November 29th. Endorsed. Recd. 21 April 86. [Col. Papers, Vol. LVI., No. 103.]
Nov. 14.
461. Governor Lord Howard of Effingham to William Blathwayt. We received with joy the news of the suppression of the rebellion, as we had been terrified by reports of another kind from New England which emboldened many bad subjects here. I secured some and deterred others from spreading false reports by my proclamation, which shows the necessity of raising a standing guard of twenty men. This I am now doing. The news of the additional duty on tobacco has so discouraged the planters that it is difficult for me to assuage their fears. [Col. Entry Bk., Vol. LXXXIII., pp. 79–80.]
Nov. 16. 462. Journal of Assembly of Virginia. The Assembly thanked the Governor for transmitting their address to the King. [Col. Entry Bk., Vol. LXXXV., p. 277.]
Nov. 16.
463. Lieutenant-Governor Molesworth to William Blathwayt. A week since one Dushean, a French privateer, was careening in Porto Lucia on the North side of this Island. Hearing that many people were consorting to him I pressed a sloop, manned her with the Ruby's men, and sent her to bring the vessel in, which she did; but the captain and several of the men escaped ashore. Some desperate people are still designing for the South Seas, in spite of the bad news from thence. They seem to count on being picked up by Grammont's fleet, which is cut off from Petit Guavos under the French King's new orders. I hear that Bannister is about the leeward part of this Island, short of provisions. I shall endeavour to keep him so till I can send the frigate after him. It is rumoured that the French fleet was also about the Island and that some Spanish men of war had disturbed them, when the French fled and left Laurens to bear the brunt alone.
18 November. Captain Mitchell reported yesterday that while heaving down the Ruby her channel-wale gave way and was broken, with several of her timbers. It will now require a great deal of time to repair her. He therefore very frankly offered his service, proposing to hire two sloops, man them from the Ruby, and bring in Bannister. I gave my orders accordingly, and I hope he may have success. [Col. Entry Bk., Vol. XXXI., pp. 115–118.]
Nov. 17.
464. Deputy-Governor Stede to the Earl of Sunderland. I have little to report except the continued prevalence of small pox, which proves very fatal to the negroes. Many professions of duty. Holograph. 1½ pp. Endorsed. Recd. 13 Feb. 85–6. [Col. Papers, Vol. LVI., No. 104, and Col. Entry Bk., Vol. VII., p. 357.]
Nov. 17. 465. Warrant for the committal of Ralph Izard for taking a box containing public records from Robert Quarry. [Col. Entry Bk., Vol. XXI., p. 149.]
Nov. 18.
466. Lords Proprietors of Carolina to Governor Joseph Moreton. You will commissionate Alexander Dunlop to be Sheriff of Port Royal County, and four justices who will be recommended to you by Lord Cardross, Mr. William Dunlop, and Mr. Dunlop above named. We hear that numbers of our cannon lie useless and dismounted at Charlestown. You will deliver five of them to Lord Cardross and Mr. Dunlop for the defence of Stewart's town or some other town in Port Royal County, that frontier lying wholly open to the Spaniard. Signed, Craven, P. Colleton, S. Sothell. [Col. Entry Bk., Vol. XXII., p. 73.]
Nov. 18. 467. Journal of Assembly of Virginia. The Governor made a speech to this effect. I must say to you now what I could not, through my illness, say to you at your first meeting. You have sat for three weeks and presented no bill to me yet; nor can I be surprised when you do not sit till eleven in the morning nor after five in the afternoon. The King desires a house to be built for the Governor, for which I have now chosen a site in the Governor's land. A bill is also needed to empower the Governor and Council to raise a levy not exceeding twenty or twenty-five per poll for incident expenses of Government. You know how useful this will be, owing to the expense of holding Assemblies, but I give you assurance that I shall be ready to call Assemblies at reasonable intervals. I intend to raise twenty-four men for the safety of the country, to be paid out of the King"s revenue, and I ask you to raise and pay twenty-four more, with officers, in case of alarms of Indians or of disorder among the people.
Nov. 19. The Assembly presented an Address praying that quit-rents may be paid in tobacco instead of ready money, owing to difficulty of paying them in the latter.
Nov. 20. The Governor expressed surprise at receiving such an address, since the quit-rents were now applied to the public service, but consented so far as to undertake to give orders that the quit-rents should be received in tobacco in cases where money was scarce. Message from the Governor. The Council has received several bills from the Assembly which have been read a first time only. We cannot consider them till they have been read three times. [Col. Entry Bk,. Vol. LXXXV., pp. 279–281.]
Nov. 19. 468. Commission to Richard Wharton to be Judge of the Admiralty Court in New England. Countersigned, S. Pepys. [Col. Entry Bk., Vol. LXI., p. 267.]
Nov. 19. 469. Warrant appointing Richard Chamberlain Registrar of the Admiralty Court, New England. Countersigned, S. Pepys. [Ibid., p. 268.]
Nov. 19. 470. Warrant appointing Joseph Smith Marshal of the Admiralty Court, New England. Countersigned, S. Pepys. [Ibid., pp. 268–269.]
Nov. 19. 471. Journal of Assembly of Nevis. Petition of Thomas Cleverley for compensation for injury done to one of his negroes who was wounded in the apprehension of a murderer. Resolved that the charge lies against the King and not against the country. The Governor proposed (1) that the Council and Assembly should examine the fort at Blackrock with him with a view to certain improvements, (2) to buy five great guns that John Netheway has to dispose of, (3) to make owners of small boats give security to prevent carrying off of negroes, escape of any person, and imparting of intelligence in case of war; the boats in case of refusal to be hauled up under the guns of the forts and be unused. The Council concurred. [Col. Papers, Vol. LVI., No. 43.]
Nov. 20. 472. Declaration of twelve members of the Commons who met in the Parliament Chamber at Charlestown, Carolina, and were excluded this 20th November, 1685. Yesterday the Governor and the rest of the Lords-deputies openly proposed in the Parliament that the Parliament should choose two members for the Grand Council according to the Lords' instructions, and did choose them accordingly. The Governor directly after declared that every member must sign a certain sentence of allegiance to the King, fidelity to the Lords, and maintenance of the Government according to the fundamental constitutions. The above mentioned Commons declined to sign, and withdrawing from the House were sent for to meet again in Parliament this morning. We did so. The Governor again proposed to us to sign; we again declined, and offered our reasons. The Governor then declared that, by order of the Lords, those who refused to sign could not be admitted as Parliament-men, and must withdraw. We were therefore excluded. We now declare that we are willing and desirous, as heretofore, to swear allegiance to King James, fidelity to the Lords Proprietors, and maintenance of the fundamental constitutions of 21 July 1669. We also declare, for the satisfaction of those who entrusted us as their representatives in Parliament, that we refused to sign for the following reasons. 1. We have all sworn to the fundamental constitutions of 21 July 1669; but to subscribe vaguely to the fundamental constitutions seems to subject the country to any set of fundamental laws that the Proprietors may send out. We are the rather of this opinion as the Proprietors have already sent out three sets of fundamental constitutions since 1669, and have ordered the Government to be conducted according to those of 12 January 1681. 2. We think it contrary to law and reason that this Parliament shall sign any engagement which makes room for the abolition of the constitutions of 1669, the 13th article of which declares that Parliament can make no laws to be of force more than thirty years, but that the fundamental constitutions themselves, being of higher original, shall stand unalterable for ever. 3. The nobility of the province have their titles of honour legally derived to them from the Lords Proprietors by the Charter of King Charles II., but their power is derived to them from the constitutions of 1669. The abrogation of these constitutions may therefore leave them no inherent power in the Government; and we are not inclined to part with this power. We think it unjust and dishonourable in the highest degree to abridge the power of the nobility at this time, since they are all absent and have not had reasonable time allowed to them to appear and speak for themselves. We have many more weighty reasons, but for the present submit these only. We declare finally that the remaining Commons, the Governor, and the Lords Deputies, are not the majority of the Parliament, for they cannot rationally or legally be a major part of us whom they have excluded, and we therefore declare that the two Commoners yesterday voted for and chosen to be members of the Grand Council, ought not to sit as such till all the dissatisfactions arising from the exclusion of us from the Parliament be stated and cleared according to the unalterable constitutions of 1669. Signed, Benj. Waring, Hen. Samwayes, Jacob Wright, John Ladson, Ja. Stanyarne, Peter Hearne, Wm. Thorrowgood, Jas. Baemor, Wm. Brockhuss (his mark), John J. Cowen, John Powys, Joshua Lynch. [Col. Entry Bk., Vol. XXI., pp. 144–147.]
Nov. 23. 472. Commission from the Lord High Treasurer to Edward Randolph to be post-master of New England. Signed, Rochester. [Col. Entry Bk., Vol. LXI., p. 269.]
Nov. 23. 473. Journal of Assembly of Virginia. Message from the Governor returning several bills amended by the Council for consideration.
Nov. 25. The Assembly sent up a bill that all claims should be proved in County Court, which was amended, and a bill concerning run- aways, which was assented to. Message from the Governor pointing out that only one of the bills recommended by him had been received so far, and asking immediate consideration of the rest. Bill for settling ports presented to the Governor.
Nov. 27. The above bill returned by the Governor to the Assembly. Address of the Assembly reiterating their former address concerning the quit-rents, and praying that they may be dispensed with for this year pending receipt of the King's orders; also giving the Assembly's reasons for desiring the total disbandment of the soldiers. A second address praying for revision of the laws. Answer of the Governor. I thought that I had already answered you sufficiently as to the quit-rents. I do not, nor does the Council, think your reasons sufficient to justify the disbandment of the soldiers. Message from the Governor to the Assembly. You have sat so long and done so little that I desire you forthwith to prepare the bills that I recommended to you. [Col. Entry Bk., Vol. LXXXV., pp. 281–285.]
Nov. 24. 474. Journal of Assembly of Barbados. Present, John Reid, Speaker, and Richard Barratt, two members only, owing to the sickliness of the times and the inconvenience of meeting in a body while the small pox was so "breife" in the town. Adjourned to 15 December. [Col. Entry Bk., Vol. XIV., pp. 137, and 143.]
Nov. 25
475. Lieutenant-Governor Molesworth to William Blathwayt. I have duly received my commission. It will be of great advantage not only to Spain, but to Europe, that the privateers in the South Seas should be suppressed; but above all it will benefit this Island, which is unpeopled by privateers. I wish the King of Spain would give His Majesty sufficient encouragement to do so great a work. Captain Mitchell returned with his two sloops without any success (see No. 463), having been round the whole Island without meeting Bannister or any of the French fleet. Bannister indeed was so much alarmed on reaching the place to hear Duchean's ship was taken, that he only waited to take Duchean on board and at once made all sail. I am glad to find my measures so far successful. The utmost I can expect of the Ruby is to have her ready to go to England in the spring. Stanley is returned, having been several times in great danger, beating upon the rocks many times but failing to find the rock that they looked for. The peril was such as to discourage them from further attempts. Smith still sticks positively to his first statement. Stanley thinks he must either have seen the wreck or the Spanish directions, for his relation corresponds exactly with it. You shall have his journal by next ship. Signed, Hder. Molesworth. [Col. Entry Bk., Vol. XXXI., pp. 119–121.]
476. Lieutenant-Governor Molesworth's instructions to Captain David Mitchell, of H.M.S. Ruby. To take two sloops, the frigate being unfit to go to sea, man them with the King's sailors, and cruise towards the East end of the Island in search of the pirate Bannister, and his ship the Golden Fleece. Copy. 1½ pp. Endorsed. [Col. Papers, Vol. LVI., No. 105.]
Nov. 25. 478. Instructions to Sir Philip Howard, as Governor of Jamaica. A clause inserted ordering strict enquiry where piratical goods are to be found, and an exact account to be transmitted. Another clause forbidding a minister to be preferred to any benefice without the Bishop of London's certificate, and giving him jurisdiction in ecclesiastical matters so far as conveniently may be. A special clause for the encouragement of the Spanish negro-trade. Patentees and their deputies to be enquired into; power given to suspend them in case of misbehaviour. All transported servants to serve their masters for four years from the time of landing and to have thirty acres of land at the expiration of their term. A sum not exceeding £300 per annum may be voted for the solicitation of the Island's affairs in England, or the sum may be raised by voluntary contributions. Countersigned, Sunderland. [Col. Entry Bk., Vol. XXX., pp. 319–342.]
Nov. 26. 479. Journal of Assembly of Nevis. The Assembly answered the proposals of the Governor and Council of 19th inst. (see No. 471). 1. We consent. 2. The County is in no present need of guns. 3. We agree. The security shall be fifty pounds; those that refuse to give it shall have their boats secured as proposed, and in default destroyed. Or the offenders may be fined thirty shillings for each default. All bark logs to be secured close to dwelling-houses, and those found elsewhere destroyed and the owners fined. [Col. Papers, Vol. LVI., No. 43.]
Nov. 28. 480. Journal of Lords of Trade and Plantations. Sir Philip Howard being unable to start for Jamaica through sickness, agreed to send duplicate of his Commission and instructions to Colonel Molesworth.
Mr. Stede's letter of 21 September read, with an address from the Legislature of Barbados (see Nos. 374, 367), and referred to the Lord Treasurer.
Petition of Stephen Duport read (see next abstract). The Lords agreed in the report (see No. 484).
The laws of Barbados referred to the Lord Chancellor for perusal.
Mr. Cranfield's letter of 29 August read (see No. 338). The Lords agreed to give him leave to return to England.
Accounts of the office passed. [Col. Entry Bk., Vol. CVIII., pp. 228–229.]
[Nov. 28.] 481. Petition of Stephen Duport, planter at St. Christopher's, to the King. I had leave from the Governor to entertain a Scotch servant, who, notwithstanding, has been maliciously molested since the Governor's departure. I beg an order to Sir William Stapleton that I may peaceably employ him. 1 p. Endorsed. Read 28 Nov. 85. Attached,
481. I. Certificate from Sir William Stapleton that he did grant the permission as stated. Dated 14 Nov. 1685. ½ p. Endorsed. [Col. Papers, Vol. LVI., No. 106–106 I.]
Nov. 30. 482. Journal of Assembly of Virginia. The Assembly sent up the bill for Ports, requesting the Council to admit one town for each county, and accepting the Council's other amendments.