America and West Indies: October 1686

Pages 253-270

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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October 1686

Oct. 1. 888. Order of the President and Council of New England as to Cambridge College. That Gibbes, Rogers, Mitchell, and Dudley be scholars of the house for the year ensuing, and be allowed at least five pounds apiece. Added to extract of Minutes of Council of 23 July. [Col. Papers, Vol. LVIII., No. 6.]
Oct. 1. 889. Minutes of Council of New York. Acts and orders for the regulation of the Indian trade of Albany read a first time. Petition of Edward Antill, complaining of abusive language used towards him by Lucas Santen. Mr. Innes, minister, brought in a table of Holy days. Order for the closing of the Custom House (except on urgent occasions) on all Sundays and on thirty-four other days. Mr. Santen not appearing as he had promised, the Governor sent for him five times, when he brought a petition begging that Antill's cause against him might be heard. [Col. Entry Bk., Vol. LXXIII., pp. 15A–19A.]
Oct. 1.
New York.
890. Grant of Crown lands by Governor Dongan to William Fisher (pp. 12–14) and Anne Garton (pp. 14–21). [Col. Entry Bk., Vol. LXXIII., pp. 12–21.]
Oct. 2.
New York.
891. William Wolliford's receipts for freight and salvagemoney received for a bale? of silk brought into New York. 1 p. Endorsed. [Col. Papers, Vol. LVIII., No. 59.]
Oct. 2. 892. A second receipt by Wolliford and his mate for their share of salvage-money for the same. Scrap. Endorsed. [Col. Papers, Vol. LVIII., No. 60.]
[Oct. 2.] 893. An account of the value of the bale of silk, its value and the apportionment of the shares. Signed, M. Nicolls. Long sheet. [Col. Papers, Vol. LVIII., No. 61.]
Oct. 4. 894. Minutes of Council of New York. Lieut.-Colonel John Young sworn of the Council, Major Brockholes being absent. Acts and orders for regulation of the Indian trade at Albany read and approved. New order on the same subject. Order for the Sheriffs to ascertain the numbers of the Militia and statistics of births, marriages, and deaths and other matters relating to the population. [Col. Entry Bk., Vol. LXXIII., pp. 19A–22A.]
Oct. 4.
New York.
895. Certificate of agreement arrived at between the Surveyor-General of Customs and William Wolliford, that the ivory brought in by him should be carried to England, when Wolliford should give satisfaction to the East Indian and African Companies that he had not encroached on their privileges. Signed, Pat. Mein. ½ p. Endorsed. [Col. Papers, Vol. LVIII., No. 62.]
Oct. 4.
Oct. 8.
896. Record and entry of (1) Appointment of Abraham Depeystes and Charles Lodowyck, of New York, as attorneys of Benjamin de Jeune. (2.) Of Charles Lodowyck as attorney to Gerard van Heythuysen. (3.) Commission of Alexander Innes as chaplain of New York garrison, 20 April 1686. (4.) Letter of administration from the Archbishop of Canterbury to Joshua Lasseur. (5.) Certificate of the Lord Mayor of London covering a letter of attorney from Peter Renew. [Col. Entry Bk., Vol. LXXIV., pp. 28–41.]
Oct. 5.
897. Lieutenant-Governor Molesworth to William Blathwayt. I am comforted and satisfied to think that the King and great Ministers think well of my services as Governor, but to be advised at the same time that the King was giving away half of my salary, if not the perquisites, is a great discouragement, especially since there are few, if any, examples of a cause so disputable being decided after hearing of one side only. I still hope that the King will hear my side, and beg you to lay the matter before the Lords. They cannot fail to see the difference between my case and that contemplated by the Order in Council. The Lieutenant-Governor therein mentioned must be dependent on an absent Governor, who has been actually vested with the government on the spot, which was not the case with Sir Philip Howard or the Duke of Albemarle. To suppose otherwise would be to infer that Governors are Governors from the moment that their commissions are signed. By my first commission, on the death of Sir Thomas Lvnch I was virtually Governor, with the same powers and instructions. The instructions directing what the salary should be, give me the same right to it as Sir T. Lynch. My latter commission differs from the former only to my advantage, since it is not determined by the commission of the present Governor; and to strengthen this, Sir Philip Howard's Commission and Instructions were sent to me. Moreover, this salary is not paid from the King's Treasury in England, but out of his revenue here, raised by an Act which declares it to be for the support of the Government and no other use whatever, except what is set apart for the fortifications. I have borne the charge of government alone, and have lived up to it, in the belief that the whole salary was due, as creditably as my predecessors, so the loss would fall heavier on me. And what the consequences may be of perverting the intentions of the Act upon other Assemblies, I leave their Lordships to guess. They are always ready to lay hold of such a pretence as an excuse against raising money. I beg, too, that the matter may be laid before the King, and that if an order has been passed against me unheard, it may be suspended until both parties can be heard at the Council-table, or that at least the claims of Sir Philip Howard and the Duke of Albemarle may be limited by the dates of their commissions. If any objection be offered to my perquisites by the Spanish trade, I beg that it may be remembered that that trade has been wholly produced by my credit as a merchant, without which there would have been neither trade nor payment. Whatever the King may order shall be received by me with satisfaction, and I beg that I may be apprised of it as soon as possible, to save or end disputes. The Lord Treasurer's letter has not reached me. Unless it be in the box with the Great Seal, it may probably have fallen into the hands of interested persons.
As soon as the Council can be called together, Byndloss's reflections on Beeston shall be examined. I have lately received ten prisoners restored by the Governor of Havana. He also sent me a certificate that the Spaniard in our hands was not the man who robbed the ketch for which he was condemned, so that I am very glad that the King has pardoned him. Yankey, the privateer, has taken a Spanish vessel with fifty thousand dollars off Havana. If we could meet with him, this would be a good time to call him to account for the English sloop that was condemned at Petit Guavos, but he is said to be bound northward. The Governor of Havana told me that the Governor of Florida had been much alarmed by Grammont, whom some of the people of Carolina were said to have joined. He begged that measures might be taken to restrain English settlements from joining with pirates. Recd. 4 Dec. 1686. [Col. Entry Bk., Vol. XXXI., pp. 177–184.]
Oct. 6.
898. Admiralty accounts of 1685 as to seizures and trials of pirates passed in Council, 6 October 1686. Cr. 38l. Dr. 31l. 1½ pp. Copy. Endorsed. [Col. Papers, Vol. LIII., No. 63.]
Oct. 7. 899. Minutes of Council of New York. Sundry petitions. Mr. Santen produced his papers and an answer to the Order in Council of 20 September, which was deemed insufficient. He was allowed till 21 October to execute the directions of the Order in Council. [Col. Entry Bk., Vol. LXXIII., pp. 22A, 23A.]
Oct. 9.
Port Royal.
900. Proceedings in the Admiralty Court of Jamaica, against the Swallow, pirate, seized by Captain Talbot as an unfree ship; with copy of the sentence of acquittal declared on 10 November 1686. The whole. 4 pp. Endorsed. [Col. Papers, Vol. LVIII., No. 64.]
Oct. 10. 901. Memorandum to Lords of Trade and Plantations. To represent that several persons are at work upon the discovery of mines in New England, which may prove to be very profitable, and may better be directed from England than from any colonial port; and to beg that mines in New England may not be included in any general grant of mines in America without hearing the Governor or the parties concerned in New England. Draft. 1 p. Endorsed. 10 Oct. 1686. [Col. Papers, Vol. LVIII., No. 65.]
Oct. 11. 902. Petition of the principal freemen of Providence Plantation, New England. Resigning all charters and privileges, and asking for pardon and indulgence; begging that the Colony may be annexed to the Governor of Massachusetts, New Plymouth, and the King's Province, being almost in the centre of all three, that it may share in the religious indulgence granted to others, and that the signatories may not be looked upon as consenting to any address or agency in any other sense, nor obliged to pay taxes for the cost of such ½ p. Signed, Thomas Field, Nathaniel Waterman, Richard Smith (for Christopher Robards), Silas Carpenter, Benjamin Carpenter, Jeremiah Rhodes, Timothy Carpenter, Thomas Harris. Endorsed. Recd. 14 Dec. 86. [Col. Papers, Vol. LVIII., No. 66.]
Oct. 11. 903. Minutes of Council of New York. Order regulating the precedence of the captains of the foot-companies in the city. Nicholas Bayard, the Mayor for the year ensuing, took the oath of office, as also Mr. John Knight, Sheriff. [Col. Entry Bk., Vol. LXXIII., pp. 23A, 24A.]
Oct. 12. 904. List of papers delivered to Sir Edmund Andros, with his receipt for the same. Signed, E. Andros. 1 p. Endorsed. [Col. Papers, Vol. LVIII., No. 67, and Col. Entry Bk., Vol. LXXIII., p. 315.]
Oct. 13. 905. Journal of Lords of Trade and Plantations. Petition of Peter Reverdy read, and referred to Sir Edmund Andros (see No. 855). The question of the mint at Boston considered. Order that the arguments put forward in its favour be sent to the Commissioners of the Mint. Petition of Mr. Mason read, asking for an early hearing of the appeal of William Vaughan. Agreed to appoint a day, and give all parties notice. Mr. Randolph's letter of 28 July read (see No. 794).
Act of the Leeward Islands for government of convict rebels read and approved. Sir Nathaniel Johnson asked for recruits for the two companies at St. Christopher's. The Lords agree that no recruits should be sent until Sir Nathaniel has reported on the true condition of the companies. Petition of Thomas Cook read and referred to the Judge of the Admiralty (see No. 910).
Sir Robert Robinson's proposals for stores and ammunition for Bermuda, and as to his salary, read. The Lords gave orders for an account shewing the salary and profits of the Governor in the time of the late Company. [Col. Entry Bk., Vol. CIX., pp. 15–19.]
Oct. 13. 906. Memorandum of Lords of Trade and Plantations. On the representation of Sir Nathaniel Johnson, the Lord President was moved to bring before the King the necessity for recruiting the two companies of foot-soldiers at St. Christopher's. [Col. Entry Bk., Vol. XLVII., p. 212.]
[Oct. 13.] 907. Petition of Robert Mason to Lords of Trade and Plantations. I am come to answer the appeal of William Vaughan. The ships for New England sail shortly. Pray appoint an early day. 1 p. Endorsed. Read at Committee, Oct. 13, 1686. [Col. Papers, Vol. LVIII., No. 68.]
[Oct. 13.] 908. Sir Robert Robinson's Proposals concerning Bermuda. Repeating his request for guns (see No. 845), begging that in consideration of his salary the expense of his outward voyage may be considered, as well as his previous services, and asking for passage in a man-of-war. Copy. 1 p. Endorsed. Read 13 Oct. 86. [Col. Papers, Vol. LVIII., No. 69.]
Oct. 13. 909. Lords of Trade and Plantations to the King. We do not favour the proposal to re-establish a mint at Boston, but we think that Sir Edmund Andros should have power to regulate pieces-of-eight and foreign coin. [Col. Entry Bk., Vol. LXI., p. 325.]
[Oct. 13.] 910. Petition of Thomas Cook, of Cork, in Ireland, to the King. My ship, the O'Brien, was seized by H.M.S. Dartmouth, in March last on pretence that she had candles on board her, and carried to Antigua. She was condemned at an Admiralty Court at Nevis, and then condemned for carrying candles and also as an unfree bottom. I am told that all their proceedings are contrary to law, and I appeal to your Majesty. 1 p. Inscribed. Recd. 1 Oct. 86. Read 13 and 26 Oct. On the margin. Fragment of an order referring the petition to the Lords of Trade and Plantations. Signed, Middleton. Dated 19 Sept. 86. Copy of this reference in Col. Entry Bk., Vol. XLVII., p. 230. [Col. Papers, Vol. LVIII., No. 70.]
Oct. 13. 911. William Blathwayt to Sir Thomas Exton. Forwarding the petition of Thomas Cook for his report. [Col. Entry Bk., Vol. XLVII., p. 230.]
Oct. 16. 912. Journal of Council and Assembly of Nevis. The Assembly was sworn. No proposals were offered. [Col. Entry Bk., Vol. XLVIII., p. 124.]
Oct. 18. 913. Proceedings of a special court held at Charlestown, Nevis, for the trial of the ship Soldad, captured as a pirate by Captain Bear. Information of John Bear, that when searching for the ship which had plundered Tortola, he was piratically assaulted by ?ue ship La Soldad, but repelled the assault and captured her, but not her crew. Depositions of his crew, confirming his story. Depositions of three witnesses, identifying the ship as having been formerly the property of another pirate. Names of the jury. Copy of the verdict, finding the ship to be a pirate. Judgment accordingly. Certified copy. 8 pp. Endorsd. Recd. from Sir Ja. Russell, 18 March 1686–7. [Col. Papers, Vol. LVIII., No. 71.]
Oct. 18. 914. Petition of the Royal African Company to the King. We have struggled under great difficulties to support the great expense of maintaining our forts and factories abroad, whereby we have kept the African trade from falling wholly into the hands of the Dutch. But we have gained little for ourselves, owing to the injury done by interlopers contrary to your royal charter, which by litigation in the King's Bench has been declared to be agreeable to the laws of England. Yet interlopers still go to the Coast of Guinea, and will, most of them, go thence to the Plantations, where, in spite of your orders to seize and condemn them, the negroes are put ashore in remote ports and creeks, and your order thus evaded. We beg that orders may be issued to the Governors that interlopers and such as work with them may be punished with fine and imprisonment. [Col. Entry Bk., Vol. XCVII., pp. 117–120.]
Oct. 18. Reference of the foregoing to Lords of Trade and Plantations for report. Signed, Sunderland. Whereupon the Lords agreed to insert a clause in the instructions of the several Governors. Copy of the clause. [Col. Entry Bk., Vol. XCVII., pp. 120–122.]
Oct. 18. 915. Minutes of Council of New York. The Governor informed the Council that Mr. Santen had not brought in the weekly accounts required of him since 6th October. On the petition of Richard Smith, it was ordered that no person stop or arrest an Indian on the "whaling design," on penalty of a fine of 100l. [Col. Entry Bk., Vol. LXXIII., pp. 24A, 25A.]
Oct. 19. 916. Commission of Lucas Santen to Richard Rogers, as land waiter and searcher at New York. 1 p. [Col. Papers, Vol. LVIII., No. 72.]
Oct. 19.
917. Henry Guy to William Blathwayt. Forwarding instructions for the Governor of New England, with the report of the Commissioners of Customs thereon, and a paper of alterations. Signed, Hen. Guy. ½ p. Endorsed. Enclosed,
917. I. Commissioners of Customs to Lords of Trade and Plantations. The instructions submitted to us are almost identical with those issued for Virginia and Maryland. New England, however, differs from them, since none of the enumerated articles grow in New England, but are brought there in the way of trade from other Colonies. We have, therefore, suggested alterations. Signed, W. Dickinson, Ch. Cheyne, D. North, Jo. Werden, J. Buckworth, T. Chudleigh, Sam. Clarke. 1½ p. Endorsed. [Col. Papers, Vol. LVIII., Nos. 73, 73I., and (enclosure only) Col. Entry Bk., Vol. LXI., p. 329.]
Oct. 19.
918. Richard Stafford to John Tucker. I and four more were sent prisoners on board H.M.S. Dartmouth, when she arrived, and not allowed to go ashore. We were carried to New England, and again not allowed to go ashore. We were then sent on board another ship with a guard, with one pound of Indian corn a day per man and not a drop of water or drink. We are now in Plymouth Harbour, and I hear we are to be delivered to a Secretary of State as rebels. What they have against me I know not. We have no money nor means of paying our expenses. Use your interest that we may not be brought ashore as rogues. At New England, Randolph came on board, pitied us much, blamed our guards for not releasing us, and gave me a letter to you. Signed, Richard Stafford. Holograph. 1 p. Endorsed. Recd. 23 Oct. 86. Memorandum in Entry Bk., Mr. Atterbury, the messenger, ordered to take them into custody as soon as the ship comes into the river. [Col. Papers, Vol. LVIII., No. 74, and (in part) Col. Entry Bk., Vol. XVIII., pp. 89, 90.]
[Oct. 19.] 919. Account of the profits accruing to the Government of Bermuda. Crown lands, 600l.; whale-fishery, 100l. The Assembly generally raised taxes equal to 100l. per annum; the Company sometimes levied in England by duties 1,500l. more, of which it allowed the Governor 50l. for salary. 1 p. Endorsed. The King declared his pleasure Sir Robert Robinson should have 400l. a year, viz., 100l. from the whale fishery, 60l. from Crown lands, and 240l. from England. 19 Oct. 1686. [Col. Papers, Vol. LVIII., No. 75.]
Oct. 20. 920. "A list of the Council of Jamaica, as desired by the Duke of Albemarle, 20 Oct. 1686." Hender Molesworth, Sir Henry Morgan, Sir Charles Modyford, Sir Francis Watson, Robert Byndloss, James Walker, Thomas Freeman, John Cope, Thomas Ballard, Thomas Fuller, John Bawden, Samuel Barry. ½ p. Endorsed. [Col. Papers, Vol. LVIII., No. 76.]
Oct. 20. 921. "Proposals of the Duke of Albemarle to the Lords of Trade and Plantations, read 20 October 1686, the African Company being called in." All negroes first to be lotted shall be set from five to at most ten in a lot, whereof the majority shall be men, none over forty or under fourteen years of age; no sick or infirm negroes to be put in a lot. Four sworn men, two to be named by the Governor and two by the Company's factors, to divide every ship-load of negroes into lots, and to receive sixpence or a shilling a head for their pains. Any man who will buy a lot shall have it at [blank] a head, paying in bills of exchange at sixty days' sight. The factors are sufficient judges of the solvency of buyers; the common custom for bills returned protested to Jamaica is 25 per cent., while the drawer must pay if his bill be not satisfied in England. Merchants or planters residing in England may contract with the company for negroes on the same terms. 1 p. Endorsed with the above heading. [Col. Papers, Vol. LVIII., No. 77.]
Oct. 20. 922. Libel of the Admiralty Court of Jamaica against Richard Hollins, for harbouring pirates. Copy. 1½ pp. Endorsed. 20 Oct. 1686. [Col. Papers, Vol. LVIII., No. 78.]
Oct. 20. 923. Lieutenant-Governor Stede to Lords of Trade and Plantations. Since my last, Captain Temple is returned from Tobago, thank God, though we have had little stormy weather this year. While there he was informed by some of the inhabitants that the commander of a brigantine belonging to Martinique, but then lying at Tobago, had often been heard to say that if he met any English vessels at Tobago he would take them and confiscate them, having a commission from Count de Blenac to confiscate all English vessels found in the harbours of that Island, which was the property of the French King by conquest from the Dutch in the last war. He said further that St. Lucia, Dominica, and St. Vincent belonged to the French crown. The inhabitants also informed Captain Temple that they suspected this French commander to be a searover and on some piratical design, being armed and manned for more than his ostensible business, to fish and hunt at Tobago. Captain Temple gave the more credit to this, inasmuch as his pinnace, being at some distance from the frigate, was attacked by two or three large periagos full of Indians with some white men among them, who fired several arrows and killed two men. The pinnace put them to flight, took two of the boats, and some of the Indians. The rest, with the whites, saved themselves by swimming, but in the boat were found French arms and apparel, such as Indians do not wear, also some boxes. Hence the white men were suspected to belong to this brigantine. The commander's commission also shows that he has more men than were allowed him when he sailed from Martinique. Captain Temple therefore thought himself justified in bringing the vessel here for examination and trial. There was no evidence against them, so I discharged them. I enclose copies of the examination and of my letter to the Governor of Martinique. I am sending the frigate to see what more can be done at St. Lucia, and two or three ships with her to cut timber for the public use of this Island. This will maintain our claims and our possession there. All is quiet here and the weather seasonable, but the people are yet sickly, being daily visited by the terrible distemper incident to this country. Many have died, and most that have recovered have lost the use of their limbs, but we hope that the distemper is abating, and will abate, as the winds blow fresh and cold. Signed, Edwyn Stede. 2 pp. Endorsed. Read 19 Jan. 86–7. Enclosed,
923. I. Commission of Count de Blenac to Jean Pons, of the barque Franc?oise, of Martinique. French. Copy. 1 p. Endorsed. Recd. 22 Dec. 1686.
923. II. Information of two Courlanders as to threatening language used by Pons. 1 p. Endorsed as the preceding.
923. III. Examination of several French sailors of the Francoise. 2 pp. Endorsed as the preceding. [Col. Papers, Vol. LVIII., Nos. 79, 79I.–III., and Col. Entry Bk., Vol. VII., pp. 398–400.]
Oct. 20. 924. Journal of Assembly of Virginia. At the meeting of the Governor and Council, the Clerk reported that several of the burgesses were not yet come.
Oct. 21. The burgesses being come, the Governor informed them that he found their Speaker absent, and wished to know what was become of him. Having answered that he was dead, they were bidden to choose another Speaker, and chose Major Arthur Allen, who was approved. The Governor's speech. I am glad to meet you, and hope you are sensible of the errors of last Session. I recommend to you the measures then proposed, viz., the settlement of the militia, the adjusting of tare, and the augmenting or continuing the impost upon liquors. I have, you see, proposed but few matters, so I hope we may have a short and happy Session. [Col. Entry Bk., Vol. LXXXV., pp. 341–342, and. pp. 385–386.]
[Oct. 21.] 925. The President and Council of New England to Lords of Trade and Plantations. Among your queries, we find several relating to the trade of this country, which we have referred to merchants and gentlemen of experience, whose report we shall receive in a few days. The many commodious ports in these parts have greatly encouraged a private and prohibited trade, but we have reduced the delivering ports to a number which will check former frauds and abuses. Several ships have been seized and condemned of late. On 23 June last the President and certain of the Council went to the Narragansett Country and appointed officers, justices, and courts for the suppression of disorders and of violent intrusions thereon. The militia are also settled, and it is hoped that by this and other measures, the country will soon be subdued and settled. Three towns are already laid out, and named Rochester, Feversham, and Bedford. All seems likely to go well there if the unreasonable pretensions of the town of Warwick do not give new discouragement. To avoid this, the proprietors met the people of Warwick, and after making many rational proposals, suggested the reference of the question of boundaries to such indifferent persons as the President and the Governor of Rhote? Island should appoint. The men of Warwick, however, who have always been very turbulent, refuse these proposals. We mention this at the request of the Proprietors, in case any complaint should reach you from Warwick. The Governments of Rhode Island and Connecticut are preparing addresses on the King respecting the writs of Quo Warranto served upon them. We recommend that they be united under the same Government, or, at least, that a free commerce be continued. They have always been nourished by us, and they depend on us not only for supplies, but for manufactures of all kinds, so that to divide them from us to lay restraint on trade would be rainous? to all. We have been pressed to bring to your notice the injuries done to some of our fishermen by Mons. Bergier three years since. Eight ketches were seized while fishing under the licence and protection of Mons. La Vallišre, who was once accounted proprietor, and by the acknowledgment of Messieurs de Frontenac and de la Barre. The poor people are rumed by the loss. The differences with the French as to rights of fishing are in urgent need of settlement.
Captain Palmer, Judge of the Admiralty Court of New York, and now employed by Colonel Dongan to visit Pemaquid, has seized a quantity of Malaga wine imported in a ship belonging to this Government, which was landed and lying at Penobscot, a port in the tract which was made over to the French by the Treaty of Breda. Mons. de Castine, in whose charge the wine was, resents this seizure, we are told, as a violation of the Treaty, whereas Captain Palmer justifies his action by a grant made by King Charles II. to his present Majesty in 1665, and because the wine had not paid duty in England according to the Act of Parliament. Some of the people here, who have always maintained a friendly commerce with the French in these eastern ports, have made complaint, but it is for Colonel Dongan rather than for us to hear it, and if he fail to satisfy them, they will, presumably, address the King. Meanwhile we are apprehensive that this occurrence may bring on hostilities with the French, the seizure of our vessels, and the interruption of trade on the coast. Captain Anthony Haywood has complained that a ship owned by him was seized by Bartholomew Sharpe, a supposed pirate, and carried into Bermuda. We have referred his complaint to the Governor of Bermuda. The original returns received from him and from the Island we have transmitted to you. We have done our best for Mr. Ratcliff. We suppose that his expectations exceeded your intentions and orders, which were that we should assign him a maintenance out of the revenue. There is at present nothing in the Treasury, and from the first foundation of the Colony, ministers have been solely dependent on the voluntary contributions of their hearers. On examination, we find that the constant weekly contribution of Mr. Ratcliff's church has never been less than forty shillings. As his auditors increase, so will his maintenance. At present, however, we can make no augmentation, for on assuming the Government we found the Treasury empty, and all the laws for raising revenue expired. It is difficult to meet the current expenses of Government, and we beg that this may be represented to the King. Signed, For the President and Council, Joseph Dudley. 3½ closely written pages. Endorsed. Recd. 21 Oct. Read 23 Oct. 1686. [Col. Papers, Vol. LVIII., No. 80, and Col. Entry Bk., Vol. LXI., pp. 335–339.]
Oct. 21. 926. Report of Richard Wharton to the President and Council of New England. As to a meeting between Captains George and St. Loe and Edward Randolph, wherein the two former used scurrilous words to Randolph, and struck and abused a constable who was with Randolph. Wharton tried to calm the two captains, but Captain St. Loe said that now he knew what hands the Government was in, that they were pitiful little fellows, and the like, and threatened him with his cane. Captain George also abused Randolph's officers, and threatened to whip him. Copy. 2 pp. Endorsed. Recd. from Mr. Randolph, 13 an. 1686–7. [Col. Papers, Vol. LVIII., No. 81.]
Oct. 22. 927. Journal of House of Burgesses of Virginia. The burgesses considered the Governor's speech. Committees appointed.
Oct. 23. Certain claims considered. [Col. Entry Bk., Vol. LXXXV., pp. 386–389.]
Oct. 22.
928. Henry Egleton to William Blathwayt. I send the Minutes of Council. We expect a good account of Banister by the return of the frigates. I hope so, for it will put the patriots who took his part still more out of countenance. Holograph. 1 p. Endorsed. Recd. 10 March 86–7. [Col. Papers, Vol. LVIII., No. 82.]
Oct. 23. 929. Journal of Lords of Trade and Plantations. Petition of Nathaniel Weare for putting off the hearing of his appeal read, the first meeting of the Lords after the 4th November fixed as the day. Letter from the President and Council of New England read (see No. 925). The officers of the mint were called in, and a paper was presented by Sir E. Andros, containing reasons for a mint in New England. The officers having been heard thereon, the Lords agreed in their report, that the mint should not be re-established, but that Sir E. Andros should be empowered to fix the value of foreign coin.
The Duke of Albemarle's proposals read (see next abstract). Memo. The King ordered thereon that the suspension of Sir H. Morgan and Robert Byndloss should remain, as was ordered for Sir Philip Howard, that Colonel James Walker should be appointed to the Council, and that the Duke should draw half salary from the death of Sir Philip Howard, but not the perquisites.
A clause in favour of the African Company and against interlopers to be inserted in all future instructions to Governors.
New Instructions to Sir Robert Robinson, as to his salary. Orders as to the prisoners brought from Bermuda.
Proceedings of the Assembly of Nevis of 29 January last read. when a present was given to the Governor without the King's approval. Order for Sir Nathaniel Johnson to enquire into the matter, the present to remain in the hands of the Treasurer till the King's pleasure be known. Sir Nathaniel received his instructions for perusal. Report of Sir Thomas Exton on the seizure of the ship O'Brien read Order for the appeal of Thomas Cook to be admitted (see No. 931viii.).
Memorandum of documents sent and received. [Col. Entry Bk., Vol. CIX., pp. 19–27.]
Oct. 23. 930. Proposals of the Duke of Albemarle. 1. For an instruction empowering him to enquire into the suspension of Sir Henry Morgan and Robert Byndloss by Sir T. Lynch, and to reinstate them if he see fit. 2. For the appointment of Captain James Walker to the Council by the instructions now passing. 3. For an instruction allowing him half salary and half perquisites from the date of Sir Philip Howard's death. 4. For the appointment of ships to attend him to Jamaica. Read 24 Oct. [error for 23] and 20 Nov. 1686. [Col. Entry Bk., Vol. XXXI., pp. 246, 247.]
[Oct. 23.] 931. A collection of papers relating to the condemnation of the ship O'Brien.
931. I. Copy of the proceedings of the Court of Admiralty held in Nevis, April 6 (see No. 621). Endorsed.
931. II. Certificate that the O'Brien was a subject's ship. Copy. Dated 13 Feb. 1685–6. ½ p. Endorsed.
931. III. Certificate of the O'Brien that she should discharge her lading in England. 10 February, 1685–6. Copy. ½ p. Endorsed.
931. IV. Bond of 1,000l. given that the O'Brien should discharge in England the goods laden by her in the West Indies. 10 February, 1685–6. Copy. ½ p. Endorsed.
931. V. Cocket of goods laden in the O'Brien. Copy. ½ p. 3 Feb. 1685–6.
931. VI. Opinion of Sir Thomas Pinfold, that the seizure of the O'Brien was unjust and illegal. Four lines written at the foot of a written question. Signed, Tho. Pinfold. Sept. 30, 86. The whole, ½ p.
931. VII. Opinion of Mr. Serjeant Pemberton on the same question, to the same effect. Seven lines written at the foot of a written question. Signed, Fr. Pemberton. Undated. The whole, ½ p.
931. VIII. Sir Thomas Exton to Lords of Trade and Plantations. I am of opinion that the seizure of the O'Brien is un- warrantable by law. In strictness there is no appeal, but the King may, speciali gratia, admit the complainant to except against this judgment, and I submit that it may be necessary for the security of trade and navigation; for when these Admiralties find that there is a superior power to confirm or reverse their sentences, they may be more careful to follow the rules of law and administer justice impartially. I must add that of my own knowledge I have seen judgments given in other Colonies which seemed to me very unjust, but which, as Judge of the Admiralty, I am unable to redress, there being no appeal hither. I have, therefore, though not in this case, advised the parties to petition the King. Moreover, if appeal be not admitted from such an inferior Court at such a distance away, the owner's just defence, which, as living in Ireland, he was unable to make, will be taken away, he having no knowledge of the proceedings till after condemnation. Moreover, there lies an appeal from the High Court of Admiralty in England. Signed, Tho. Exton. Doctors' Commons, Oct. 22, 1686. Holograph. 1 p. Endorsed. Recd. 23 Oct. 86. Entered in Col. Entry Bk., Vol. XLVII., p. 231. [Col. Papers, Vol. LVIII., Nos. 83i.–viii.
Oct. 23. 932. The state of the case respecting the Plantation trade of Ireland (see No. 638). The word Ireland, which appeared in the first Navigation Act, 12 Car. II., as a place to which English commodities might be carried, was struck out by the second Act of 22 and 23 Car. II. When this Act expired, therefore, it became lawful to carry goods to Ireland, but by the opinion of the Barons of the Exchequer enumerated goods from the Plantations and not having paid the Plantation duty might be seized and recovered in Ireland. On the representation of the Customs officials, however, the Governors of the Plantations were ordered to suffer all such ships as brought certificates of their giving bond in Ireland to return to Ireland or England. These orders were removed on 30 May 1685, and it is on these that Captain Powell asks for guidance. But, in the last Parliament, the Act of 22 and 23 Car. II. was revived, and on 25 July 1685 communicated to the Revenue-officers in Ireland, who pointed out the probable prejudice to the King's Customs, and insisted that the clause might be dispensed with. The Lords, however, finally decided that the clause should not be dispensed with, and an order to that effect was sent to Ireland in June last. The new instructions prepared for Sir Nathaniel Johnson, the new Governor-in-Chief of the Leeward Islands, therefore enjoin the prohibition of the trade between Ireland and the Plantations. Captain Powell's doubts are, therefore, solved by the new Act of Parliament. Unsigned. 3 closely written pages. Endorsed. Read at the Committee, 23 Oct. 86. [Col. Papers, Vol. LVIII., No. 84.]
Oct. 23.
933. Mr. R. Normansell to the Governor and Company of Connecticut. Announcing that a writ of Quo Warranto against them has been delivered to him, and that in default of their appearance within eight days of the Feast of Purification, their charter will be forfeited. Copy of the writ of Quo Warranto. Latin. Copy. 1½ pp. Endorsed. [Col. Papers, Vol. LVIII., No. 85, and Col. Entry Bk., Vol. LXI., pp. 315, 316.]
[Oct. 24.] 934. Petition of Nathaniel Weare to Lords of Trade and Plantations. The appeal of William Vaughan was fixed for the first Tuesday after Michaelmas. I was ready, and remained so till the 4th instant, but now my solicitor, Mr. Humphreys, has left London. I beg that the appeal may be put off till the 4th November, when he will be returned. 1 p. Endorsed. Read 24 Oct. 86. [Col. Papers, Vol. LVIII., No. 86.]
Oct. 24.
935. Lords of Trade and Plantations to the Governor and Council of New England. Ordering the transmission of quarterly returns of the transactions of the Council. Signed, Sunderland, Albemarle, Musgrave, Craven, Preston, J. Ernle. [Col. Entry Bk., Vol. LXI., p. 314.]
Oct. 24.
New York.
936. Grant of Crown lands by Governor Dongan to Robert Sanders (pp. 22, 23), and to Maria Sanders (pp. 24, 25). [Col. Entry Bk., Vol. LXXIII., pp. 22–25.]
Oct. 25. 937. Minutes of Council of New York. Mr. Santen was summoned for failing to furnish his weekly accounts. He brought a list of persons indebted to the Customs. Petition of James Lorkan, complaining of unjust dismissal from his post of searcher by lucas Santen, referred to Judge Palmer. Order for Lucas Santen to bring the debts due to the King's revenue to October 6th to the Governor in cash, or at least bills. Order for the Sheriffs to furnish Mr. Santen with a return of quit-rents, escheats, and other revenue. Mr. Isaac Arnold and Mr. Francis Barber to furnish their accounts also. [Col. Entry Bk., Vol., LXXIII., pp. 25A–28A.]
Oct. 25. 938. Journal of Assembly of Virginia. On the request of the burgesses, councillors were appointed to swear in members, in place of others removed by death. [Col. Entry Bk., Vol. LXXXV., p. 343 and pp. 389–390.]
Oct. 26–28. 939. Journal of House of Burgesses of Virginia. Transactions of the Committee of Grievances.
Oct. 29. Act to restrain stone-horses under fourteen hands high from running at large, read a first time. Addresses to the Governor voted regarding payment of quit-rents, the revision of the laws, and the demanding of fees for instruments passed under the seal of the Colony. Several bills brought in.
Oct. 30. Several bills advanced a stage. Adjourned to the 1st November, and on that day to the 2nd. [Col. Entry Book, Vol. LXXXV., pp. 389–400.]
Oct. 26. 940. The examination of Matthew French. Relating how he accidentally encountered and read a letter of Roger Elletson to Charles Morgan, containing many scandalous and scurrilous expres- sions against the Government. Signed, Matt. French. Sworn before Lieutenant-Governor Hender Molesworth. Certified copy. 2½ pp. Endorsed. Read 31 Jan. 1686–7. [Col. Papers, Vol. LVIII., No. 87.]
Oct. 26.
941. The Deputy Secretary of Barbados to William Blathwayt. Forwarding quarterly returns of the Council's transactions. Signed, Jno. Whetstone. [Col. Entry Bk., Vol. VII., p. 397.]
Oct. 27. 942. Minutes of Council of Maryland. Proclamation proroguing the Assembly for one day. A letter from Lord Baltimore to Nicholas Sewall read, expressing his wish that, unless there was special occasion for their meeting, the Assembly should be prorogued till April. James Heath nominated Clerk of the Upper House of Assembly by Colonels Darnall and Digges, but superseded by the Council in favour of Mr. John Llewellin. [Col. Entry Bk., Vol. LIV., pp. 62–65.]
Oct. 27. 943. Minutes of Council and Assembly of St. Christopher's. The Deputy-Governor produced an order for the confirmation of all officers, civil and military, in their places. [Col. Entry Bk., Vol. XLVIII., p. 59.]
Oct. 27.
944. Order of the King in Council. That Sir Edmund Andros is hereby empowered to regulate by proclamation the value of pieces-of-eight and of other foreign coin. Signed, John Nicholas. ½ p. Annexed,
944. I. Henry Guy to William Blathwayt. Forwarding correspondence which has passed respecting the establishment of a mint in New England. Signed. ½ p.
944. II. Commissioners of the Mint to the Lord Treasurer. 15 July 1686. The officers of the Mint reported on the question of a mint to be established in New England, in January 1685. Copy of report annexed. We have only to add that when a grant was obtained, in 1662, by Sir Thomas Vyner for coining small silver money in Ireland, the King ordered the letters patent to be cancelled for reasons adduced then by the officers of the Mint. Again in 1678 Lord Carlisle applied for powers to erect a mint in Jamaica. It was found impracticable, under the terms of keeping the weight and fineness of the money to the English standard. Signed, Phil. Lloyd, Tho. Neale, Cha. Duncombe, Ja. Hoare. 1¼ pp.
944. III. Commissioners of the Mint to the Lords of the Treasury. The mint at Boston was settled in 1652, as the order here copied shows, the value being twopence in the shilling less than that of English coin. The profits of the officers were one shilling in twenty. We have examined the twelvepences, sixpences, and threepences coined in New England. The alloy of the metals is the same, but the weight is different, being less by about twenty-one grains in the shilling, and so in proportion, than English coins. This is near twopence three farthings in the shilling, or 22½ per cent. Besides, a third more is allowed for the coinage there than in England. The preservation of a fixed standard in weight and fineness for the King's silver coinage in all his dominions is much for his security and advantage, and it cannot be altered in any Colony without prejudice to the rest. The current coin will be withdrawn, and prices will rise in proportion to the baser coin. If a mint be erected in Boston, the silver coins should be as fine as those minted in England. Smaller pieces, pence, half-pence, and farthings might be made of tin, and supplied from hence with advantage. It is noticeable that though they have continued this unwarrantable coining of money since 1652, the date of that year remains unaltered on all the coins. It is to be observed also that to encourage the bringing of silver to the Mint, they promise that there shall be but twopence in the shilling less in value than the English shilling; but after the mint-master has coined the same, they order him to pay the money out by weight, at threepence Troy weight for their shilling, and proportionally for the other pieces, which threepence Troy is about ninepence farthing sterling, and makes out the account to be 22½ per cent., as already stated, besides the expense of coinage. Signed, Tho. Neale, Cha. Duncombe, Ja. Hoare. Copy. 2½ pp.
944. IV. Copies of the orders for the mint at Boston. 1652. Quoted in the foregoing abstract. 1654. Forbidding the exportation of the coin of the Boston mint. 1669. Additional orders for the enforcement of the prohibition of 1654. Copy. 2½ pp.
944. V. Reasons for a mint in New England. 1. Money is the measure of value. 2. Though the standard of English money has been preserved in purity and fineness, yet the value and weight have been often changed, according to the rate of silver and the increase of trade. 3. The trade of New England, though it goods from many places, brought only pieces-of-eight, of unequal weight and value, from Spain. A mint was, therefore, erected in Boston. 4. Rents have been paid and goods bought and sold in the Boston coin for years. The raising of it to the English standard would enrich the landlord and creditor, but ruin the tenant and debtor, destroy the trade of the country, and injure the King's Customs. 5. If the mint be discontinued, pieces-of-eight must be made current at the same rates as are now proposed for the King's coin, which will be at least as great an inconvenience as the mint. 6. It is not proposed to grant a patent as in Sir Thomas Vyner's case, but that all shall be done by the King's officers and for the King's profit.
944. VI. William Blathwayt to Henry Guy. Forwarding the foregoing to the officers of the Mint for their reply. 18 Oct. 86. Draft, with corrections. 1 p.
944. VII. Answer to the reasons for a mint in New England. 1. Money is the measure of value of goods, &c. We agree, but goods, &c., cannot be the measure of money. 2. The value of money in England has often been altered, it is true, but that is no reason why the mint in one part of the King's dominions should not hold equal balance with the mint in another. 3. We do not see how this bears on the erection of a mint in Boston different to the mint here. 4. As to the future, trade will certainly conform itself to the intrinsic value of the money. Past debts may be discharged by regulation, at the rate of fifteen shillings per pound. 5. Pieces-of-eight are but commodities, like other merchandise, and the people may be left at liberty to barter one against the other. 6. When the King orders the establishment of a mint in New England, we shall be ready to offer the best rules for it. Signed, O. Wynne, Tho. Neale, Ja. Hoare. Mint, 23 Oct. 86. 1¼ pp. Endorsed. Read at Committee, 23 Oct. 86. [Col. Papers, Vol. LVIII., Nos. 88 I.–VII., and Col. Entry Bk., Vol. LXI., pp. 317–326.]
Oct. 27. 945. Duplicate of foregoing Order in Council. 1½ pp. [Col. Papers, Vol. LVIII., No. 89.]
Oct. 27.
946. Order of the King in Council. That the Commissioners appointed to exercise episcopal jurisdiction in the diocese of London shall exercise the ecclesiastical jurisdiction belonging thereto in the Colonies. Signed, John Nicholas. ½ p. Endorsed. [Col. Papers, Vol. LVIII., No. 90, and Col. Entry Bk., Vol. XCVII., pp. 235–236.]
Oct. 27.
947. Order of the King in Council. Report of Lords of Trade and Plantations. We have come to the conclusion that the ship O'Brien was wrongfully condemned, and recommend that Thomas Cook's appeal be heard by your Majesty in Council, and that Captain Saint Loe shall be in attendance. Order accordingly. [Col. Entry Bk., Vol. XLVII., pp. 232–233.]
Oct. 28.
Port Royal.
948. The Clerk of Assembly of Jamaica to Lieutenant-Governor Molesworth. I have, as you ordered, been calling to mind when I last saw the Poll Bill. On the morning when the Assembly was dissolved, several members were at my lodging, to copy your last message to the House. Captain Knight, Mr. Hicks, Major Archbold, and Colonel Stanton took copies. Captain Crew, Dr. Bonner, and Mr. Elletson came also, but seeing so many writing, we presently went away with Mr. Hicks and Captain Knight, who had finished their copies. Captain Knight confirms my recollection that the Bill was among the papers, and that no one was there but Major Archbold and Colonel Stanton. The papers were afterwards carried to the House, and when you summoned the members, I set my boy at the door, with orders to let no one enter to touch the papers. After the dissolution, I sent him to carry all the papers home, after which I know of no one who was at my lodging except Mr. Elletson, who went there for some purpose that I do not remember. I am tolerably sure that I saw the Bill in the House, so either someone must have taken it while we were walking to and fro before the Speaker took the chair, or Mr. Elletson must have taken it from my lodging, for presently when I went home on purpose to look for it, it was gone. The reason why there is no entry of anything done in consequence of your last message is, that as soon as I had done reading your message, the gentlemen rose from their seats and began a confused controversy, most of them speaking at once, and though the Speaker ordered them to their seats and threatened to adjourn if they did not resume them, no one minded it. He therefore left the chair, and there being no result of any kind I could make no entry. They would not have let pass any entry that said they were in confusion, for they have always ordered such entries out, as has happened several times in this Assembly. I was ordered to omit the words nemine contradicente as to the vote of the Poll Bill. Copy. Added below: The foregoing letter from Charles Boucher, the Clerk of Assembly, differs somewhat from what he said to me. He told me that he verily believed Elletson had the Bill, and that is the opinion of most others. The whole. 2½ pp. Endorsed. Recd. 31 Jan. 86–7. [Col. Papers, Vol. LVIII., No. 91.]
Oct. 28.
949. Governor Richard Cony to Deputy-Governor Sir James Russell. I have received yours by Captain St. Loe. Sharpe, his men, and his ship, are all on their way to you to be tried; what the issue may be I know not. I beg, however, that sharpe, Mr. Abney, and Mr. Valley may not suffer in person, they being my material witnesses for the King, whose depositions I have long since sent home. What may be alleged against Sharpe abroad I know not, but during his detention here he has shewn himself a most real, honest, loyal subject, and an extraordinary instrument in preserving the peace and suppressing mutinies and riots, and I have reported this to the King. Signed, Richard Cony. Copy. 1 p. Endorsed. Recd. from Sir Ja. Russell, 18 March 1686–7. [Col. Papers, Vol. LVIII., No. 92.]
Oct. 28. 950. Duplicate of foregoing. [Col. Papers, Vol. LVIII., No. 92A.]
Oct. 28. 951. Minutes of Council of New York. The auditors presented their report on Captain Santen's accounts. The former asked him several times if he had ever issued out orders or warrants relating to the King's revenue, but Mr. Santen did not answer. Judge Palmer said that there was nothing in Mr. Santen's instructions to justify his issue of warrants to sheriffs. Ordered that Mr. Santen, who promised the same, deliver up to Mr. Thomas Coker the monies due to the King from 25 March last. Mr. Gabriel Minvielle's granted letters of administration, which were allowed. Petition of Thomas Chambers referred to the magistrates of Esopus. Land-grants. [Col. Entry Bk., Vol. LXXIII., pp. 29A, 30A.]
Oct. 28.
New York.
952. Grant of Crown lands by Governor Dongan to Major Thomas Chambers (pp. 26–32), John Joost (pp. 33–35), Wyntie Alberts (pp. 35–40), William Nicolls (pp. 40–42), Garrett Gilbertson (pp. 42–45), and Henry Pawling (pp. 45–50). [Col. Entry Bk., Vol. LXXIII., pp. 26–50.]
Oct. 29. 953. Warrant of the Proprietors of Carolina for the grant of twelve thousand acres to Mons. John d'Arsens, Seigneur of Wernhaut. Signed, Craven, Albemarle, P. Colleton. [Col. Entry Bk., Vol. XXII., p. 99.]
Oct. 30. 954. Minutes of Council of New York. The farm of the excise granted to Henry Pawling for 110l. a year. Order, on the petition of Christopher Billop, for a patent for the settlement of a ferry upon the south-west end of Staten Island. Mr. Santen was informed of the farm of the Excise. It appeared also that Peter de la Roy was continued in the Custom House, contrary to the Order in Council. [Col. Entry Bk., Vol. LXXIII., pp. 31A, 32A.]
Oct. 31.
955. Instructions to Sir Robert Robinson, as Governor of Bermuda. He is to propose to the Assembly a duty on tobacco, but in such manner that the Crown may lessen it if necessary, the settlement of quit-rents, laws for maintaining the quality of tobacco, the repair of the public buildings at the country's expense, an enactment establishing the holding of two Assizes a year, and the securing of merchants' debts. One-third of the taxes are to be set apart for payment of the late Company's debts, provided it quit-claim all pretensions in the Colony. He is to report on Crown lands and whale-fishery. The old allowance of land and slaves is to be continued to public officers. All laws are to be made indefinite in time, and the laws made by the Company to remain in force till new laws be passed. No minister to be appointed without a certificate from the Bishop of London, who shall hold ecclesiastical jurisdiction. All ships are to load and unload at Castle Harbour, St. George's, and none are to ship tobacco till the magazine ship be fully laden. A law to be passed restraining the severity of masters. The complaint of James Smailes to be examined. As Governor, he is to have twelve shares of land, profits of the whale fishery, and 240l. per annum. Countersigned, Sunderland. [Col. Entry Bk., Vol. XVIII., pp. 27–61.]
Oct. 31. 956. Warrant for a great seal for Bermuda. Countersigned, [Col. Entry Bk., Vol. XVIII., pp. 73, 74.]
Oct. 31. 957. Additional instructions to Sir Edmund Andros respecting the enforcement of the Acts of Trade and Navigation. [Col. Entry Bk., Vol. LXI., pp. 330–332.]
Oct. 958. Draft warrant for preparation of a Bill to the Duke of Albemarle, empowering him to pardon pirates, &c., in America. Dated October, with a blank for the day. 1 p. Endorsed. [Col. Papers, Vol. LVIII., No. 93.]
[Oct.] 959. Memorial of the Duke of Albemarle for powers to pardon pirates, &c., in America. Endorsed. Read 6 Nov. 1686. 1 p. [Col. Papers, Vol. LVIII., No. 94.]