America and West Indies: December 1686

Pages 293-307

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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December 1686

Dec. 1. 1,027. Governor Dongan to Mons. de Denonville. I have received yours of 1 October. I find you were angry at the writing, and therefore fear that it was ill turned into French, for I have no great skill in your language. I have sent a copy in English, and desire you to believe that I wish for nothing more than a good correspondence between us and that I shall protect none who give me occasion to suspect them. I have not solicited or bribed the Indians to arm or make war against you, on the contrary my care to keep those inclined to war in quiet has been so great that one word is enough for them. I have forbidden them to join any others against you, and have suffered none to plunder. I have only permitted several of Albany to trade among the remoter Indians, but with strict orders not to intermeddle with any of your people; and I hope they will find the same civility from you. It is so far from pillaging, that I believe that it as lawful for the English as for the French to trade there, we being nearer by many leagues than you are. Pray send me word who it was that pretended to have my orders for the Indians to plunder and fight you, for I assure you I am altogether as ignorant of any enterprise made by the Indians out of this government as I am of what you mean by Mihilmiqum. I have acted according to my professions. I have asked you to send for the deserters. I know not who they are, but had rather such rascals and bankrupts, as you call them, were among their own countrymen, and shall expet them, instead of detaining them, when I hear from you. It is true that I ordered our Indians, if they met with any of your people or ours on this side of the lake without a pass from you or me, to bring them to Albany. I thought this in accordance with the wishes expressed in your letter, for such are, as you say, very ill people, ready to lie to Christians as well as heathens. The missionary fathers, if they will but do me justice, can tell you how careful I have been to preserve them. I have strictly ordered our Indians not to use any cruelty or insolence towards them, and have written to the King, my master, who has as much zeal as any prince for the propagation of the Gospel, how needful it is to send fathers to preach to the Indians. Care will then be taken to turn them from their drunken debauches, though certainly our rum does as little hurt as your brandy, and, in the opinion of Christians, is much more wholesome. However though to keep the Indians temperate and sober is a very good and Christian performance, yet it seems a little hard and very Turkish to prohibit them all strong liquor. What I wrote of the pay due to me in France is very true. The intendant made out the account and signed it, and I gave the copies to Mons. Pagaiou in the street of St. Honour to put into the hands of the Duchess of Orleans' chaplain. Pray do not trouble yourself about it, for I will get the matter represented from England, and I doubt not of the French King's generosity. Be sure that I wish above all to preserve the union between the two crowns. Signed, Tho. Dongan. 3 pp. Copy. Endorsed. [Col. Papers, Vol. LIX., No. 17.]
Dec. 2. 1,028. Minutes of Council of New York. Order for John Cavalier, the door-keeper, to be allowed ninepence for every person bringing him a petition, eighteen pence on every patent passed, and ninepence for every person cited before the board. Information against Thomas Jeames for using seditious words in a sermon, and against several others for publishing seditious protests against the orders of the Governor and Council. The offenders fined. Lucas Santen was granted extension of time for preparing his defence. Major Howel appeared on behalf of the inhabitants of Southampton. [Col. Papers, Vol. LVIII., No. 106.]
Dec. 2. 1,029. Governor Richard Cony to the Earl of Sunderland. Repeats his last letter and continues. Since then the country has been much quieter, throwing off their cabals and sundry other of their evil practices; but I cannot move them to repair the forts, though they have, without me, ordered people to draw lines of new fortifications. Nor can I induce them to build or support a building wherein I may secure my commission, and where myself and family may lie dry in our beds, for every wet day searches all the corners of the house. I should be glad to defer any Courts of Judicature till the arrival of a ship from England. The report of a new Governor has totally flung them back from sundry compliances to which I thought at last that I had gained them. They will not pay the soldiers in the castle, except with fine promises; they will not disburse a penny for any public concern, and the King must pay for all, and yet they defraud the King all they can. Now everyone is transported with expectations of immunity from the King and of favours from Sir Robert Robinson. If they follow their old methods they will quarrel with him as they have with me. As to my selling the country to the Spaniards, I know my own innocency too well to be dejected at such scandals. William Peniston left the Island in July for Barbados, and thence for England with articles drawn up against me, though of what nature I know not. I hear that Mr. William Penn has complained of me as to one Conway, a merchantman, who touched here. Had he rightly understood my care of his passengers he would have given me thanks rather than complaints. The transactions are herewith enclosed, as nearly as I could take them in the confusion to which the people had reduced me, and with such officers as I had. All business lay on me yet nothing was done, nor ever will be without a strong party of soldiers and good officers. Sir Robert Robinson will find the people as I have found them, faithless, smooth-tongued hypocrites. I have done my best to reduce this people, I have brought the Island into a better condition of defence than ever before, I have served the King to the best of my ability, and I find repose and calm in the thought.
I should have sent this letter before could I have found a ship that I dared trust. If any homeward bound ship comes from the Islands the inhabitants take their provisions and dissuade them from coming in by slandering me. So that I lose my chances of writing and the country its chances of commerce; but the richer sort would not have any trade here but of their own introducing, which will end in the ruin of the poor who are compelled to buy at extortionate rates. I received a letter five weeks ago from the Commissioners of Customs, and another from Mr. Dyre, acquainting me that he had appointed William Peniston to be the King's receiver here. Peniston's commission has been hidden by his friends who received it in his absence, and so the King's customs are defrauded. Since the arrival of my own commission I have appointed a searcher, and filed an account of all exports and imports, so that when the Surveyor comes (and I expect him daily) he may demand the dues. That commission is, I perceive, very unwelcome to the country. They never believed the King would demand customs, but rather expected him to give them his royalty of whale fishing, the Crown lands and the public lands to be disposed of at their discretion. They will now long for the late Company again. Mr. Dyre's letter was dated 20 April; it arrived five weeks since by hand of a Bermudian from New York, and I am surprised that it did not reach me earlier, for there is frequent trade between New York and Bermuda. The letter was not delivered me until the news of a new Governor was come, which made them more negligent at the forts than they have been since the days of Bascom and Keele. Guard was seldom kept by day or night in spite of all that I could do. The men are well paid, but pride, sloth, long neglect and evil custom have corrupted them. They hope with a new Governor to evade duty again, and the place will be in no small hazard of capture, for doubtless the Spaniards will visit us in the spring. I much doubt the courage of the Bermudians, and fear their treachery as much, nay, more than any damage that the Spaniards could do us, were the people resolute and trusty, which believe me, my lord, they are not. It was a Bermudian who piloted the Spaniards into Providence, and there are hundreds in the Island who, if any enemy landed, would be as ready as the enemy to plunder. There is great want of ammunition for the castle and forts. I have supplied all public necessaries out of my own small stock of money almost since I came, but not a penny will the country raise to reimburse me. I found no public stock here nor can I get any account from the Sheriff, who was also receiver and disburser, and now my small purse is at the lowest ebb. About ten days ago a large chest with some small linen was found staved against the rocks. Four days after came ashore the King's arms, such as are generally carried on a ship's stern. I judged it to belong to a ship of between two and three hundred tons, but we know not as yet what she was. I learn that in September last the Spaniards came to Carolina about one hundred and forty strong, plundered the Governor's house and carried off twelve of the slaves, doing much damage. The inhabitants are now sending two French privateers with two hundred of the privateers' crews and three hundred of their own to take the forts and burn the town of St. Augustine. The Crown tenants here are forbidden to pay their rents, and threaten that if they do they shall be made to repay the rent to the country. In a word the aims of the people are to weary out the King with complaints and obstinacy, that in the end they may get the government into their own hands. If they fail they will go to other parts, and to that end are building vessels ready for trading wherever they go. Thus much of the timber is ruined, the heart of the land is worn out, and the country falls into ruin. Signed, Richard Cony. Holograph. Three very closely written pages. Endorsed. Recd. 15 Feb. 86–7. [Col. Papers, Vol. LIX., No. 18, and Col. Entry Bk., Vol. XVIII., pp. 103–110.]
Dec. 3. 1,030. The Secretary of Nevis to Lords of Trade and Plantations. Sending duplicates of the minutes of Council, and proceedings of the Secretary's office and naval office. Signed, Tho. Featon. 1 p. Endorsed. Recd. 31 Jan. 86–7. [Col. Papers, Vol. LIX., No. 19, and Col. Entry Bk., Vol. XLVII., p. 248.]
Dec. 4. 1,031. Journal of Lords of Trade and Plantations. The State of the King's title to St. Lucia read (see next abstract), and ordered to be laid before the King, together with a state of his title to Tobago, prepared in answer to the Duke of Courland's memorial.
The appeal of William Vaughan heard, the decree of Chancery of New Hampshire reversed, but the appeal in the matter of the ketch Diligence dismissed, and a fine imposed for beating a King's officer affirmed.
Memorandum of documents sent and received. [Col. Entry Bk., Vol. CIX., pp. 37–40.]
[Dec. 4.] 1,032. The King of England's title to St. Lucia. In 1605 sixty-seven English landed and took possession of the island. Sir Thomas Warner, who first settled the Caribbee Islands, took possession of it about 1626 and appointed one Major Judge to be Governor. It was granted, with the neighbouring Islands, to James, Earl of Carlisle, in 1627. In 1662 Francis, Lord Willoughby, purchased it from the natives for the King, and in 1665 sent one Robert Cook there as Governor with eleven hundred men from Barbados, who, finding several Frenchmen there who had been there since 1643, transported them to Martinique, and remained on St. Lucia for a considerable time. As to the application of these English to the French at Martinique (see No. 998), it appears that being in great straits for food, some of them did betake themselves to Martinique, though without any commission from the Governor, and alleging the hardship that they underwent in St. Lucia begged for transportation to Barbados. To obtain this they were persuaded to go before the Governor and Council of Martinique and acknowledge the French right to St. Lucia, but this was disavowed by Governor Robert Cook; all of which is proved by authentic relations of the French themselves. The Island has always been included in the King's commissions to the Governor of Barbados, who is empowered to appoint a Deputy Governor and Council. Colonel Stede's conduct is therefore justified. *The 12th article of the Treaty of Breda does not effect the present case. The English never put St. Lucia into the possession of the French nor did they ever take it from them, the English King's right having never been discountinued since 1605.* Draft, with corrections. 3 pp. Endorsed. Read at the Committee. Dec. 4 1686. The paragraph marked * to *, is omitted in the Entry Book. [Col. Papers, Vol. LIX., No. 20, and Col. Entry Bk., Vol. VII., pp. 393–394.]
[Dec. 4.] 1,033. The King of England's title to Tobago. The Island was taken possession of by Sir Thomas Warner in 1626, and granted to James, Earl of Carlisle. Several years before the Restoration, the Duke of Courland and some Zealanders attempted a settlement there, but the Duke was wholly dispossessed by the Zealanders of the Island, and by the Dutch West India Company of his Fort St. Andrew in the Gambia. In 1661 Sir Robert Holmes took Fort St. Andrew, which was given to the Royal African Company of England. It was claimed by the Duke of Courland, but he being very anxious to regain Tobago he received it as a grant from the King of England, who retained Fort St. Andrew. Notwithstanding this, however, the Dutch held the Island in 1672, when it was retaken by the English and the plantations destroyed. After the peace the Dutch resettled Tobago, until driven out by the French in 1676, when the island was left desolate until some Dutch ships were fitted out to settle a plantation there as pretence of the Duke of Courland's right; but without success. In September 20 the Duke's agent, Abraham Mason, made a contract with Captain John Poyntz that the Duke should grant to Poyntz and Company 120,000 acres of land in the island. This matter came before the Committee, when the Attorney-General reported that the King's grant of Tobago to the Duke was void in law. The Lords also pointed out the disadvantage that an island so close to Barbados should be in foreign hands. The articles granted to Poyntz by the Duke violated the original spirit of the grant, and it may be questioned whether, considering the failure of the Duke to fulfil his agreement and the number of times that the Island has changed hands, the King should recognise the Duke's title to Tobago at all. Read and approved, 4 Dec. 1686. [Col. Entry Bk., Vol. VII., pp. 384–386.]
[Dec. 4.] 1,034. Memorial presented to the Duke of Courland's agent. Recapitulating the details in the preceding abstract with the following decision. The King does not hold himself obliged to admit the Duke of Courland's title nor to permit his subjects to settle there, for if the inhabitants be counted foreigners no other of the English plantations could lawfully trade with them, and if they be counted English they must not entertain any traffic with a foreign country. Read and approved at the Committee. Dec. 4 1686. [Col. Entry Bk., Vol. VII., pp. 387–388.]
Dec. 4.
1,035. The King to Lieutenant-Governor Edwyn Stede. Appointing John Reid to be sworn of the Council of Barbados. Countersigned, Sunderland. [Col. Entry Bk., Vol. VII., p. 396.]
Dec. 5.
1,036. Royal instructions to Lieutenant-Governor Edwyn Stede. For the encouragement and protection of the Royal African Company, and the suppression and punishment of interlopers, and of such as buy negroes from them. [Col. Entry Bk., Vol. VII., pp. 395–396.]
Dec. 4.
1,037. Lords of Trade and Plantations to the King. On the appeals of William Vaughan we are of opinion (1) that the appeal against a fine imposed for assaulting an officer of the Customs be dismissed; (2) that the appeal in the matter of the sloop Diligence be dismissed; (3) that the third appeal in favour of Richard Martin be allowed, and that the decree of the Court of Chancery of New Hampshire be reversed. We recommend the allowance of £20 costs to the successful party in each case. [Col. Entry Bk., Vol. LXVII., pp. 160–161.]
Dec. 4. 1,038. Minutes of Council of New York. Petition of Thomas Jeames read. Petition of Robert Allen against the seizure of his ship rejected. Captain Santen's defence read. The Attorney-General produced his proofs, which were ordered to be copied. Captain Santen laying a charge against some person not named was required to name him, but refused. [Col. Papers, Vol. LVIII., No. 106.]
Dec. 6. 1,039. Minutes of Council of New York. Petition of Abraham Corbet granted. Business of land grants. Captain Santen ordered to file his information against the ship Mariner's Adventure. Mr. Arnold's Salary of £50 allowed. [Col. Papers, Vol. LVIII., No. 106.]
Dec. 6.
New York.
1,040. Grants of Crown lands by Governor Dongan to Joseph Sachett (pp. 68–71), John West (pp. 71–74), Benjamin Smith (pp. 74–76), inhabitants of Southampton (pp. 77–87). [Col. Entry Bk., Vol. LXXIV., pp. 68–87.]
Dec. 7. 1,041. Cruising orders of Lieutenant-Governor Molesworth to Captain Charles Talbot, R.N., with supplementary orders of 14th and 16th December. General orders for the protection of shipping and capture of pirates between St. Domingo and Jamaica. Similar orders to Captain Sprag. 24 November 1686. To cruise to the Mosquitos in search of the pirate Banister. Supplementary order of 26 November. The whole 4 pp. Endorsed. Recd. 10 Mar. 87. [Col. Papers, Vol. LIX., No. 21.]
Dec. 7. 1,042. Sign manual for the payment of £200 as travelling expenses to Sir Robert Robinson. Countersigned, Rochester. Copy. ½ p. Endorsed. [Col. Papers, Vol. LIX., No. 22.]
Dec. 7. 1,043. Warrant of the proprietors of Carolina for the allotment of three thousand acres of land to James Mantell Goulard de Vervaut. Signed, Craven, P. Colleton, Tho. Amy. [Col. Entry Bk., Vol. XXII., p. 101.]
Dec. 7. 1,044. Warrant of the same for the grant of twelve thousand acres of land to James Mantell Goulard de Vervaut. Signed, Craven, P. Colleton, Tho. Amy. [Col. Entry Bk., Vol. XXII., p. 102.]
Dec. 8. 1,045. Journal of Lords of Trade and Plantations. The complaint of Richard Stafford and others of Bermuda heard (see No. 1004). Order for the complainants to be released, and reparation to them to be made.
Petitions of the parties in Vaughan's appeal to costs. Costs regulated at £20 on each appeal.
Memorandum of documents sent and received. [Col. Entry Bk., Vol. CIX., pp. 40–44.]
Dec. 8. 1,046. Memorandum of Lords of Trade and Plantations. On several petitions from Mr. Cranfield and others, the Lords agree that in all appeals brought from the Colonies there shall be allowed the sum of twenty pounds costs for each appeal to the persons in whose favour judgment is given. [Col. Entry Bk., Vol. XCVII., p. 236.]
[Dec. 8.] 1,047. Petition of Nathaniel Weare to Lords of Trade and Plantations. I hear that of three appeals of William Vaughan, the second was given in his favour. I beg to be allowed the annexed bill of costs on the second appeal. ½ p. Annexed.
1,047. I. The bill of costs referred to. Total £69 15s. 6½ d. Endorsed. Recd. 8 Dec. 1686. [Col. Papers, Vol. LIX., No. 23, 23I.]
Dec. 8. 1,048. Petition of Edward Cranfield to Lords of Trade and Plantations. Great expense has been caused to him by two appeals brought against him before the Lords by William Vaughan, both of which were dismissed. Prays for damages and costs. Copy. 1 p. Endorsed. Presented 8 Dec. 86. Annexed.
1,048. I. The bill of costs referred to, amounting in all to £31 10s. 1 p. Endorsed. [Col. Papers, Vol. LIX., Nos. 24, 24I.]
Dec. 8. 1,049. A collection of papers relating to the charge of traffic with an interloper preferred by Robert Byndloss against William Beeston and others (see No. 586).
1,049. I. Lieutenant-Governor Molesworth's commission to Andrew Langley and Peter Heywood, justices of the peace, to examine into the charges of Robert Byndloss. Dated 26 [should be 16th] Nov. 1686. Copy. 1 p. Copied on same sheet. The letter of the Lords of Trade and Plantations of 6 July, and an extract from Byndloss's original letter.
1,049. II. Certificate of Andrew Langley and Peter Heywood, that they have taken the necessary depositions. Copy. 1 p. Dated, 16 Nov. 1686 [should be 26th]. Endorsed. Jamaica, 8 March 1686–7. Recd. 23 June 1687 from Mr. Byndloss.
1,049. III. Memorandum of the questions to be addressed to witnesses, seventeen in all. An additional question put by Sir Henry Morgan, together with his warrant from Byndloss for doing so. 3 pp.
1,049. IV. Depositions of Doctor Isaac Brown in answer to the questions. 27 November 1686. 3 pp.
1,049. V. Depositions of Humphrey Knollis and Jonathan Knollis. 1 Dec. 1686. 4 pp.
1,049. VI. Depositions of Walter Carey and Thomas Lovell. Same date. 2½ pp.
1,049. VII. Depositions of Thomas Peck and Solomon Deleon. Same date. 2½ pp.
1,049. VIII. Depositions of Thomas Purchase and Richard Evans. Same date. 3½ pp.
1,049. IX. Depositions of William Cole. 8 December 1686. 1¼ pp.
1,049. X. Depositions of John Browne and Robert Baxter. Same date. 3 pp. [Col. Papers, Vol. LIX., Nos. 25I.–X.]
Dec. 8. to
Dec. 20.
1,050. Records of (1) purchase of land from Indians by Governor Dongan, (2) power of attorney given by Edward Griffith to Jacob Milborne; (3) deed of sale of a sixth share in a ship by Edward Antill to Charles Lodowyck; (4) deed of mortgage on a ship from James Shore to Edward Anthill; (5) four letters of probate of wills from Governor Dongan. [Col. Entry Bk., Vol. LXXIV., pp. 52–68.]
Dec. 9. 1,051. Minutes of Council of New York. The Governor instructions read. Order for the revenue laws unrepealed by the King that have been made since 1683 to remain in force. Captain Santen produced documents against the ship Adventure, on which the Council, deeming them insufficient evidence, ordered her discharge. Order for the preparation of a law against privateers, the law-officers being of opinion that under the Governor's commission it can be passed by the Governor and Council only. Captain Santen again charged persons unnamed with embezzlement of the revenue, and was ordered to furnish the names. [Col. Papers, Vol. LIX., No. 106]
Dec. 9.
New York.
1,052. Petition and answer of Lucas Santen to an order of Council of New York of this day. In consequence of the Governor's prejudice against him, and in favour of the other parties concerned, he believes neither his life nor his fortune safe to prosecute his case here, but is ready to justify himself in Council. Signed, Lucas Santen. Certified copy. ½ p. Endorsed. [Col. Papers, Vol. LIX., No. 26.]
Dec. 10.
1,053. Order of the King in Council. Ordered, on the dismissal of the appeal of William Vaughan in the matter of the ketch Diligence, that appellant pay £20 to Edward Cranfield for his costs in attending the trial, and that Sir Edward Andros see to the payment thereof. Signed, Phil. Musgrave. [Col. Entry Bk., Vol. LXVII., pp. 162–163.]
Dec. 10.
1,054. Order of the King in Council. That William Vaughan pay £20 to Robert Mason for his costs in attending his appeal. Signed, Phil. Musgrave. [Col. Entry Bk., Vol. LXVII., p. 163.]
Dec. 10.
1,055. Order of the King in Council. Ratifying the fine of forty shillings imposed on William Vaughan by the Court of New Hampshire, and ordering him to pay £20 to Edward Cranfield for his costs in attending the appeal. Sir Edmund Andros to see to the payment. Signed, Phil. Musgrave. [Col. Entry Bk., Vol. LXVII., pp. 164–165.]
Dec. 10.
1,056. Order of the King in Council. That Richard Martyn pay £20 to William Vaughan for his costs in his appeal against a decree of the Court of Chancery of New Hampshire. [Col. Entry Bk., Vol. LXVII., p. 165.]
Dec. 10.
1,057. Order of the King in Council. Report of Lords of Trade and Plantations, recommending that the prisoners from Bermuda be allowed to return home, there being nothing proved against them, and that their property, if seized, be restored to them, and that Sir Robert Robinson see that they are indemnified for their hardships. Dated, December 8 1686. Ordered accordingly. Signed, Phil. Musgrave. [Col. Entry Bk., Vol. XVIII., pp. 95–97.]
Dec. 13. 1,058. Minutes of Council of New York. Order for every Monday to be the Council's day for consideration of the King's affairs, and every Thursday for the hearing of public business. The Council's report on Captain Santen's business read. Ordered that he bring his accounts from 25 March last to the auditors appointed, and give security for payment of all arrears and for faithful discharge of his duty in future. Order for the waiters' accounts against the Mariner's Adventure to be paid at the King's charge. Order for a commission to be made out to the former auditor to examine Captain Santen's accounts. Report of the Council on Captain Santen. After examination we find that Captain Santen has been negligent in keeping his accounts, and in not making due payment of the King's revenue. He has disobeyed your commands in Council, and used scurrilous exoressions against the Attorney-General. We think that he ought to give security for payment of arrears and future good behaviour. Signed. Ant. Brockholes, Geo. Baxter, Fre. Flipson, Jno. Spragge. [Col. Papers, Vol. LVIII., No. 106.]
[Dec. 14.] 1,059. Petition of the justices of the peace of the Narragansett Country to the King. The settlement of this province has long been delayed by the factious behaviour of John Greene of Warwick. On the publication of the instrument establishing the new government, this John Greene and James, his brother, with others of Warwick, tore down the proclamation and carried it away. He has since refused the mediation of the President of New England and the Governor of Rhode Island for settling the boundaries of Warwick and quieting the contentions and disputes which he has stirred up here by false deeds and other ill means. We hear too that he is trying to retard the royal regulation of Rhode Island, by inducing the inhabitants to sign certain papers drawn up by himself, and to contribute money to send him to carry his causeless complaints to Whitehall, whither he is now gone, without any lawful power from the Governor and Company of Rhode Island. We beg that the designs of Greene may be checked, and his papers referred to the President and Council of New England, or to other competent judges, when we may all be heard. Signed, Rd. Wharton, Richd. Smith, John Saffin, John Fones, Elisha Hutchinson, Francis Brinley. Large sheet. Endorsed. Recd. 14 Dec. 86. [Col. Papers, Vol. LIX., No. 27.]
[Dec. 14.] 1,060. Petition of the proprietors of Pawtuxet, in the township of Providence, Rhode Island, to the King. William Harris showed in 1677 that we had been kept out of rightful possession of our lands. An assize was appointed at Providence that same year, judgment was given for us in five actions, and the result was reported to the late King. Major John Greene, of Warwick, a great oppressor of ours, thereupon posted to Whitehall, and in the absence of Harris, obtained a stay of execution on the second verdict. On Harris's arrival the King ordered the first and three last judgments to be executed, and the second to be reheard. But Greene, by collusion with the officer appointed by the Government of Rhode Island, has rendered the King's orders ineffectual, and Harris, on going to England again was captured by Algerine pirates and soon after died. Hearing that Greene is again on his way to Whitehall, we beg that his complaints may be referred to the President and Council of New England, that so we may obtain justice. Signed, Nathaniel Thomas, as attorney to the proprietors. 1 p. Enclosed. Recd. 14 Dec. 86. [Col. Papers, Vol. LIX., No. 28.]
Dec. 15. 1,061. Additional instructions from Governor Sir Robert Robinson. For the execution of order in Council of 10 December in reference to the prisoners sent from Bermuda (see No. 1,057). Countersigned, Sunderland., [Col. Entry Bk., Vol. XVIII., pp. 97–98.]
Dec. 16. 1,062. Circular. Lords of Trade and Plantations to the Governors of Colonies. Ordering the publication of the Treaty of Neutrality with France in America. Signed, Sunderland, Jeffreys, Rochester, Ormond, Middleton, Dartmouth, Godolphin. [Col. Entry Bk., Vol. XCVII., pp. 236–237.]
The same to the Governor of Virginia. [Col. Entry Bk., Vol. LXXXIII., pp. 117–119.]
Dec. 16. 1,063. Minutes of Council of New York. On petition of John Smith, ordered that the Indians do not molest him. Order for arrest of Simon Sarion, John Treadwell, and Jonathan Smith, to answer for their contempt of the order of the Council. Order for a warrant permitting Lord Nial Campbell to purchase three thousand acres of land adjoining Jacob de Key. The Attorney-General moved that Captain Santen may be obliged to put in his charge against him. Ordered that Santen put in his charge against Mr. Graham in writing by Monday next. [Col. Papers, Vol. LVIII., No. 106.]
Dec. 16.
New York.
1,064. Declaration of Lucas Santen. In obedience to order in Council of 13 December, I have drawn out my accounts from 3 November 1683 to 25 March 1686. and an abstract thereof from the latter day to the 13th December; and I am ready to shew my books and give satisfaction to any auditors that shall be appointed, except James Graham and Thomas Cocker, for reasons already given this day. Signed, Lucas Santen. Certified copy. ½ p. Endorsed. [Col. Papers, Vol. LIX., No. 29.]
Dec. 16. 1,065. Reasons alleged by Lucas Santen against the nomination of James Graham and Thomas Cocker as auditors of his accounts. Graham is appealed by me before the King and Council for certain misdemeanours. Cocker is Surveyor-General of Customs and receives a duplicate of all my entries. Certified copy. 1 p. [Col. Papers, Vol. LIX., No. 30.]
Dec. 17.
1,066. Lieutenant-Governor Molesworth to William Blathwayt. Captain Talbot has been cast in his action against the unfree ship by libelling her in the Admiralty as if she had been taken at sea, whereas she was in port, and for not positively asserting the time of seizure. On this nicety judgment was given against him, much to his dissatisfaction, and the more so because I had promised the merchants, who had set before me the equity of their case, to forego my share of the forfeiture, which would have been one-third if the action had been brought, as it should have been, for a seizure made in port. However, to evade that as well as a trial by jury, he libelled the vessel in the Admiralty, for which he had some colour. Two days before the seizure, I was informed of a vessel anchored scandalously in the mouth of the port, and laden with logwood, which had given no bond and was evidently bound for some foreign port. I ordered Captain Talbot to send a boat on board to see what their business was, and if she were not free to come in to take possession of her till further orders, which was done. The owners applied to me, saying that they were not within the compass of the Act, as the Bay of Honduras, where logwood is shipped, is not an English colony. I answered them, "Then you are robbers, for how can you pretend to cut logwood unless you take the country for an English settlement? You had better call it an English colony, and bring yourselves within the Act, or you may find yourselves in worse circumstances." Then they asked that she might come into port. Next day Captain Talbot told me he had reason to believe her a foreign-built ship. I told him to seize her if he thought fit, not knowing that according to local custom as old as I can remember, she was free. He was told of it before he made the seizure, and therefore he libelled her in the Admiralty Court. Some of Banister's people, who had been sent up here from Honduras, gave me such an account of his condition among the Indians that I have sent Captain Spragge after him with a sloop, in order the more easily to trepan him aboard. None of these men of Banister's (except two, who are now in gaol) were even suspected to have been aboard him when committing his piracies, but were shipped at the Mosquitos, Banister being disguised and passing under another name, so that they did not discover until they were on the point of going to sea. Then some of them escaped to Honduras, where they warned a merchantman of Banister's designs, and were sent by him to me.
I have lately taken another of the South Sea pirates with three of his entertainers. The pirate was executed, but I thought that of the other three the execution of one would suffice for an example; the more so as the case can be tried in the Court of Admiralty, where there is no jury for them to depend on. Courtney, a sloopman, was acquitted by a jury at last Grand Court, though it was positively proved that he had been with the French at Campeachy. The Court was much surprised and rebuked them severely; and the prisoner was detained in custody for trial on other charges. I am expecting a list of several old debts due to the King for fines, escheats, &c., and a list of houses at Port Royal belonging to pirates of the South Sea, which will become forfeited to the King under the late proclamation. I have given orders for the taking of evidence from all witnesses sworn by Colonel Byndloss in the matter of the interloping ship Hawk. I have seen none of them so far, but I hear that he is likely to make out the most material part of his information. Whether all his pains were really intended for the King's service, or to gratify his private piques is a question I leave to others. To prevent the like neglect in the seizing of interlopers in future, I have entrusted the duty to particular persons, for what is really everybody's business is commonly thought to be nobody's. Recd. 10 March 1686–7. [Col. Entry Bk., Vol. XXXI., pp. 326–333.]
Dec. 18. 1,067. Receipt. A list of papers received from William Blathwayt. Signed, Robt. Robinson. 1 p. Endorsed. [Col. Papers, Vol. LIX., No. 31.]
Dec. 18. 1,068. Similar receipt for the great seal of Bermuda, and press. Signed, Robt. Robinson. 1 p. Endorsed. [Col. Papers, Vol. LIX., No. 32.]
Dec. 19. 1,069. Journal of Lords of Trade and Plantations. A number of requests from the Duke of Albemarle read. 1. For salary for a gunner. 2. For a fund for repairing the King's houses. 3. For release of his baggage from duty. 4. For books of homilies. 5. For information as to the Admiralty in Jamaica. 6. For power to visit neighbouring colonies. 7. For record in the Council books that he be not responsible for the revenue applied without the Council's consent. 8. For two foot companies to be sent to Jamaica. 9. For rehearing of his case as to the half perquisites. Several Acts of Jamaica received and referred to the Lord Chancellor. Colonel Molesworth's letter of 28 September read (see No. 883).
Colonel Stede's letter of 20 October read. Extract of a letter from Captain St. Loe read touching letters of reprisal granted against the Spaniards by Governors of Colonies.
The address of Randall Holden read. The Lords' note that the matter is dealt with by Sir E. Andros's instructions. [Col. Entry Bk., Vol. CIX., pp. 44–49.]
Dec. 20. 1,070. Minutes of Council of New York. Act against privateers read a first time. Order for seizure of goods landed by one Ceafford and one Campbell, without paying duty. Captain Santen brought his answer to the last order in Council. [Col. Papers, Vol. LVIII., No. 106.]
Dec. 20.
New York.
1,071. Petition of Lucas Santen, in reply to order in Council of 16 December. Having not impeached James Graham or any other in the colony, I do not conceive myself obliged to prosecute him. Signed, Lucas Santen. Certified copy. ½ p. Annexed.
1,071. I. Copies of two orders in Council of January 3rd and August 5th 1685, as to alleged breach of the Navigation Acts by the ship Charles, and as to the time from which the King's proclamation regarding the Royal African Company takes effect. 1 p. [Col. Papers, Vol. LIX., Nos. 33, 33I.]
Dec. 23. 1,072. Minutes of Council of New York. Simon Sarion, John Treadwell and Jonathan Smith were brought up, made their defence and were discharged, paying their fees. [Col. Papers, Vol. LVIII., No. 106.]
Dec. 24. 1,073. Instructions of the Surveyor-General to the collectors of revenue in Virginia. Thirty-two heads. Signed, Pat. Mein, Surveyor-General. 5½ pp. [Col. Papers, Vol. LIX., No. 34.]
Dec. 26.
1,074. Lords of Trade and Plantations to the Governor of New England. Ordering the publication and execution of the Treaty of Neutrality between France and England in America. [Col. Entry Bk., Vol. LXI., p. 340.]
The same to the Governor of New York. [Col. Entry Bk., Vol. LXVIII., pp. 147–148.]
To the Governor of Barbados. [Vol. VII., p. 397.]
To the Governor of Jamaica. [Vol. XXXI., pp. 197–199.]
To the Governor of the Leeward Islands. [Vol. XLVII., p. 241.]
To the Governor of Bermuda. [Vol. XVIII., pp. 99–100.]
Dec. 27. 1,075. Minutes of Council of New York. Order for the town of Brookhaven to set out a hundred acres, a house, and a house lot, for the use of a minister for ever. [Col. Papers, Vol. LVIII., No. 106.]
Dec. 30. 1,076. Report of the proceedings of a Court of Admiralty, held at Charlestown, Nevis, on Bartholomew Sharpe and his company for piracy. The Grand Jury was impannelled and sworn on 24 December, but on Sharpe's request for time to prepare his defence, the Court was adjourned to the 30th, when the Grand Jury threw out the bill. Captain St. Loe proposed that the crimes for which the prisoners had been indicted being committed near Jamaica, they might not be cleared by proclamation, but sent to Jamaica for trial. Certified copy. The whole. 5 pp. Endorsed. Recd. from Sir James Russell, 22 March, 1686–7. [Col. Papers, Vol. LIX., No. 35.]
Dec. 1,077. An account of the ordnance, carriages, and ammunition found in New England, December, 1686. The forts viewed were those of Boston, and of Portsmouth, New Hampshire. [Col. Entry Bk., Vol. LXI., pp. 348–351.]
Dec. 1,078. Returns of shipping and exports from New England in 1686. [Col. Entry Bk., Vol. LXIII., pp. 1–8.]
1,079. Memorandum addressed to the French Commissioners for their information. From an exact account received from Mr. Palmer, the judge at Pemaquid, as to the ship Joanna and the wine on her, it appears that the wine were not seized at Penobscot first, nor in the bay that bears its name, but on the New England side, on the western side of the river. After this it can hardly be doubted that the whole enterprise has been fraudulent. and contrary to the law of England, which forbids any merchandise to be carried to the West Indies except in English bottoms. The culprit, Philip Severell, therefore deserves no protection from the French King, and, indeed, cannot receive it, as the matter is of concern onlv to the King of England, having taken place on his territory. French. 2 pp. Draft, very ill-written, with corrections. Endorsed. Annexed,
1,079. I. Deposition of George Goare. As to the voyage of the Joanna and the seizure of the wine. Sworn before J. Palmer, 23 July 1686, and before J. Dudley, President, 1 Oct. 1686. 2 pp. Endorsed.
1,079. II. Deposition of William Card to the same effect. Sworn before J. Palmer, 28 July 1686. 1½ pp. Endorsed.
1,079. III. Deposition of Joseph Perrv. Sworn 29 July 1686. 11/1; pp. [Col. Papers, Vol. LIX., Nos. 36, 36I.–III.]
1,080. Warrant for payment of a chaplain, an armourer, and a gunner, to be added to the establishment of the two independent companies at New York. countersigned, William Blathwayt. Copy. 1 p. Endorsed. 1686. [Col. Papers, Vol. LIX., No. 37.]
Novis. 1,081. Accounts of the Royal African Company. Negroes last year produced 3,423 lbs. of sugar a head, but sugar is fallen from 12s. 6d. to 6s. 5d., so that the company here lost by the fall in sugar from 10l. to 11l. a head. Gross proceeds of the year's transactions, 4,275l. Deduct for freight and customs, 1,402l. Balance, 2,872l. Large sheet. Endorsed. 1686. [Col. Papers, Vol. LIX., No. 38.]
1,082. An account of escheats in Jamaica, not brought to account since the departure of Governor Lord Vaughan. Value, 1,062l. Two large sheets, with the information arranged in columns. Endorsed. Recd. from Colonel Molesworth, 10 March 1686–7. [Col. Papers, Vol. LIX., No. 39.]
1,083. Petition of Henry Mudd to the King and Lords of Trade and Plantations. A ketch belonging to petitioner was captured in the West Indies by the pirate Juan Corso, retaken by some English buccaneers, and carried into New York. Petitioner begs restitution of the vessel. 1 p. On the next page. Deposition of Edward Oakly, mate of the vessel in question, as to the capture and plunder of the ship by Juan Corso. 1 p. Copies. [Col. Papers, Vol. LIX., No. 40.]
New York. 1,084. An account of stores granted without a licence in New York in 1686. A paper used in the charges against Lucas Santen. 1½ pp. Col. Papers, Vol. LIX., No. 41.]
1,085. Account of the distribution of the salvage money for the bale of silk picked up by the ship Mariner's Adventure. Signed, M. Nicolls. 2 pp. [Col. Papers, Vol. LIX., No. 42.]
1,086. Inscription of Lord Culpeper's seal for the quit rents of the Northern part of Virginia. "Thomas Lord Culpeper, Owner of the Northern tract of Virginia." Scrap. [Col. Papers, Vol. LIX., No. 43.]
1,087. Petition of Theophilus Hopkins. Repeating the request and arguments in his former petition (see No. 660), as to the King's silver. 1 p. [Col. Papers, Vol. LIX., No. 44.]
1,088. Proposals for settling a method for fines and recoveries and for collecting the dues known as the King's silver, in America. That a Commission be granted, with power to appoint sub-commissioners to inspect these dues. That the King ordain that all fines acknowledged before the Governor or judge of a Court of Common Pleas, all recoveries suffered there, and all fines acknowledged or warrants of attorney taken before Commissioners authorised by the Governor, shall be of the same force with fines and recoveries in England, and that fines with non-claims shall bar as in England. That a law be passed in the Colonies enacting that all persons holding land by grant, deed, or writing, and producing the same to the Commissioners within six months, and compounding and paying the King's silver there as if these had been fines levied, shall hold the same according to the purport of such writing as if there had been fines levied thereon, though the parties that executed the same should be dead at the time of payment of the King's silver, or femes couvertes at the time of the execution of such writing. That the Commissioners have power to execute oaths, and that they be also appointed chorographers of fines, and keepers of the rolls, records, and register-books relating to lands and enrolling of deeds in the Colonies, with power to appoint deputies and to take such fees as are usually paid in England. Undated and unsigned. 2¼ pp. [Col. Papers, Vol. LIX., No. 45.]