America and West Indies: May 1685

Pages 38-47

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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May 1685

May 5. 166. Journal of Lords of Trade and Plantations. Mr. Randolph's representation read, setting forth that an impartial Court to try causes between the Colonies. Order for Mr. Randolph to draw up particulars for a writ of quo warranto against their charters.
Petition of John Custis read. The Lords agreed in their report (sec No. 180).
Mr. Wharton's proposals as to settlement of Pojebscot read (see Nos. 155, 169), also Colonel Dongan's letter of 18 February to Sir John Werden (see No. 23). The Proprietors of East New Jersey ordered to attend next Saturday. Mr. Blathwayt to attend the Lord Treasurer's, touching the house, garden, and farm mentioned by Colonel Dongan.
Acts of Antigua read. The merchants stated their objections against the Act of Extent. Agreed that the Act be repealed by the King, and the Governor censured for not repealing the former Act according to instructions.
Petition of Alexander Pollington and others read (see next abstract). Petitioners ordered to make out their titles; the Act for quieting possession to remain unconfirmed meanwhile.
Petition of William Vaughan read. Memorandum of letters despatched and received. [Col. Entry Bk., Vol. CVIII., pp. 140–147.]
[May 5.] 167. Petition of Alexander Pollington to Lords of Trade and Plantations. My father was one of the most ancient planters in Antigua, spent at least 3,000l. there, and lost five sons, who all died in the Island. He died possessed of two plantations, called the Body and Fig-tree, but died before he settled them; so that they are now detained by others. I pray leave to make out my title to them. Copy. Inscribed. Read 5 May 1685. 1 p. [Col. Papers, Vol. LV., No. 109.]
[May 5.] 168. State of the case of Alexander Pollington; setting forth his claims to the estates in Antigua. Large sheet. Endorsed but undated. [Col. Papers, Vol. LV., No. 110.]
[May 5.] 169. Mr. Wharton's proposals for settling lands in the province of Maine. (1.) Every person to have a sufficient quantity of land for maintenance of himself and family, provided he improve it. (2.) Everyone to have free liberty to fish in any of the rivers that run through the said land. (3.) All the King's subjects to have free liberty to fish on the coast, and bring their fish ashore without paying anything for trading. (4.) All ships from England to have licence to fish in the rivers, on reasonable payment for such licence, and on condition that they dispose of the goods they bring from England in the settlement. 1 p. Endorsed as headed. Read 5 May 1685. [Col. Papers, Vol. LV., No. 111.]
May 5. 170. William Blathwayt to William Dockwra. Ordering the attendance on the Lords of Trade of the Proprietors of East New Jersey. Draft, corrected. ½ p. [Col. Papers, Vol. LV., No. 112.]
May 5. 171. Journal of Assembly of Barbados. The House being dissolved by the death of the late King could not meet pursuant to adjournment. [Col. Entry Bk., Vol. XIV., p. 23.]
May 5. 172. Lords Proprietors of Carolina to Governor Joseph West. Our meaning in the 28th article of our instructions of 12 March is this: You will suffer no Indians to be sent away from Carolina on any pretence whatever, unless there should happen to be a war between the English and the Indians, and that the Parliament, for the encouragement of the English soldiers employed therein, should promise provision to them to make the best advantage of their prisoners; in which case we allow Parliament to grant licence for such individuals as are taken in the war to be transported; always provided that the Indians so licensed to be transported be first produced before Parliament and examined by interpreters as to the circumstances and fact of their capture. The licence is to mention the name of the Indians and their tribe, and is to be passed by the same form as other Acts of Parliament; so that the barbarous practice of enslaving and transporting Indians by way of trade may be prevented. Signed, Craven, Albemarle, P. Colleton. [Col. Entry Bk., Vol. XXII., p. 60.]
May 5. 173. Informations of Dr. Henry Woodward, as to his arrest by Lord Cardross; and of John Edenburgh as to Lord Cardross's prohibition to him to trade with Indians within his borders. Copy of warrant for apprehension of Lord Cardross. [Col. Entry Bk., Vol. XXI., pp. 138–139.]
May 6. 174. Information of several Yamasee Indians, that the Scots at Port Royal sent an emissary to persuade them to go to war with some neighbouring Indians who had a Chapel and a Spanish friar, and gave them arms for the purpose. They did so and brought back twenty prisoners as slaves to the Scots and a manuscript of prayers, produced. Sworn before Robert Quarry and others. [Col. Entry Bk., Vol. XXI., p. 140.]
May 6.
175. Order of the King in Council. Referring the petition of Sarah Harrison, praying to be admitted as the King's tenant for lands at Port Cagway, Jamaica, formerly held by her husband, to Lords of Trade and Plantations for report. Signed, Phi. Lloyd. ½ p. Endorsed. Read at Committee 11 June 1685. Memo.— That Sir Philip Howard was instructed to examine the case. Annexed,
175. I. Patent for lands in Jamaica to Mark Harrison. Anno 1662. Copy. 2 pp. [Col. Papers, Vol. LV., Nos. 113, 113 I., and Col. Entry Bk., Vol. XXXI., pp. 38–39.]
May 6.
176. Order of King in Council; referring the petition of Richard Young to Lords of Trade and Plantations for report. Signed, Phi. Lloyd. Annexed,
176. I. The petition referred to. Petitioner forfeited his bond of two thousand pounds by carrying Samuel Hanson from Barbados without a ticket. Begs for copies of all the proceedings, which were refused to him in the Island, and that he may be heard by counsel before the Board. Copy. 1 p. The whole endorsed. Recd. 18 Aug. 85. Read, 2 and 9 Sept. and 17 Oct. 85. [Col. Papers, Vol. LV., Nos. 114, 114 I.]
May 6.
177. Address of the Governor and Council of Rhode Island to the King. Congratulations on his accession. Signed, John Sanford, Recorder. ½ p. Endorsed. Recd. 10 July 85. [Col. Papers, Vol. LV., No. 115.]
May 7. 178. Minutes of Council of Virginia. The letter of February 6th of the Lords of Trade read. Orders for the proclamation of King James II. The Council submitted five names, from which the Governor was requested to select two to go as Agents to ratify the Indian treaty. [Col. Entry Bk., Vol. LXXXIV., pp. 211–212.]
May 8.
179. Order of the King in Council. Report of Lords of Trade and Plantations. On the petition of Walter Stephens and others (see No. 25) we find that Holloway's estate is undoubtedly forfeited to your Majesty, but since it is said that Moxon traded in partnership with him and knew nothing of Holloway's treason, we think that, on proof of the partnership, Moxon's share of the estate may be made over to the creditors. The Governors of the Colonies concerred may then be instructed to seize the effects and remit them to England. Dated 27 March, 1685. Ordered accordingly. Signed, Phi. Lloyd. [Col. Entry Bk., Vol. XCVII., pp. 169–171.]
May 8.
180. Order of the King in Council. Report of Lords of Trade and Plantations. On the petition of John Custis (see No. 165) we recommend that he be at once restored to the Council, and that as to his other offices he apply to the Governor. Dated 5 May 1685. Ordered accordingly. Signed, Phi. Lloyd. [Col. Entry Bk., Vol. LXXXII., pp. 323–325.]
May 8. 181. Order of the King in Council. On the petition of Captain Henry Mudd, whose ketch was captured by the pirate Juan Corso, recaptured by some English Buccaneers and carried to New York, that the Governor of New York might be directed to seize the said ketch. Ordered that the case be referred to Lords of Trade and Plantations for report. Signed, Phi. Lloyd. 1 p. Endorsed. Recd. 12 May 1685. Read 22 and 30 Dec. 1685. [Col. Papers, Vol. LV., No. 116.]
May 11. 182. Minutes of Council of Jamaica. Resolved that, in consequence of recent disturbances, the negroes' market at the River's mouth be suppressed; Captain John Ellis with three files of Englishmen to execute the order, aided by quarter-master Martin with a squadron of horse. Order for proceedings against all who sell rum to negroes. Adjourned sine die. [Col. Entry Bk., Vol. XXXVI., pp. 84–85.]
May 12.
183. Governor Cranfield to Lords of Trade and Plantations. My last announced the proclamation of King James II. I send new copy of an affidavit against Robert Burnham for treasonable speeches. I am obliged to make use of my licence to go to Barbados or Jamaica, being much indisposed here. Signed, Edw. Cranfield. ½ p. Endorsed. Recd. 26 July 85. Enclosed,
183. I. Depositions of Joanna Chesley that on 26 April she heard Robert Burnham say that there was no speaking of treason at present against the King, for there was no King; that the Duke of Monmouth was proclaimed and crowned in Scotland, and gone for Ireland where he had raised an army; and that the Duke of York was not yet crowned, and it was a question whether he ever would be crowned. Confirmed by oath of Philip Chesley. Sworn before Richard Chamberlain, 30 April 1685. [Col. Papers, Vol. LV., Nos. 117, 117 I., and (despatch only Col. Entry Bk., Vol. LXVII., p. 146.]
May 12.
184. Governor Lord Howard of Effingham to the King. Though hardly able to hold a pen for weakness, I must write of our joy at Your Majesty's accession, and our grief at the death of the late King. I hope to serve you faithfully as I served him. Signed, Effingham. Holograph. 2 pp. Endorsed. [Col. Papers, Vol. LV., No. 118.]
May 12.
185. Address of the Governor and Council of New York to the King. Loyalty and devotion. Signed, Tho. Dongan, Ant. Brockholes, J. Sprag, Lucas Santen, Frederick Flipson, J. Palmar, S. v. Cortlandt, Lewis Morris, John Young. Read 10 July 1685. [Col. Entry Bk., Vol. LXVIII., pp. 73–74.]
May 13.
New York.
186. The Mayor of New York to Sir John Werden. We enclose an Address of condolence and congratulation to the King, which we beg you to forward. Pray also acquaint the King that since he separated Delaware and the two Jerseys from New york the city has lost a third of its trade. We bear the burthen with willingness and submission, but we hope that the King will re-unite these parts and enlarge this Government eastward. Signed, G. Minniell, Mayor. 1 p. Endorsed. Recd. from Sir J. Werden 12 July 1685. Read July 15th. Printed in New York Documents III., 361. Annexed,
186. I. The Address referred to. Large sheet. Signed, G. Minniell, Mayor; Ja. Graham, Recorder; W. Bayard, John Robinson, N.W. Stuyvesant, John Lawrence, Andr. Browne, Isaac van Vlecq, Aldermen; Sam. Wilson, Ian Henderek Bruyn, Johannes Sey, Alra. Corbett, Common Councillors: John Tuder, Sheriff; John West, Town Clerk. [Col. Papers, Vol. LV., Nos. 119, 119 I., and Col. Entry Bks., Vol. LXVIII., pp. 67–69, and (abstracted) Vol. LII., p. 101.]
[May ?] 187. Governor Dongan to the King. A short letter of congratulation on his accession. "I believe Your Majesty hath a "whole crowd of importuners, so that I shall desire nothing for "myself, but entirely submit to Your Majesty's pleasure." Signed, Tho. Dongan. 2 small pp. [Col. Papers, Vol. LV., No. 120.]
May 13.
188. Governor Lord Howard of Effingham to Lords of Trade and Plantations. I apologise for not writing with my own hand, but I have been little out of my bed for the last three weeks. Your letter of February 6th has been duly received with mingled joy and tears. The King has been proclaimed. Thank God, all is quiet here. Signed, Effingham. 1 p. Endorsed. Recd. 10 July 85. Read at Committee 15 July 85. [Col. Papers, Vol. LV., No. 121, and Col. Entry Bk., Vol. LXXXII.]
May 13. 189. The same to Lord Sunderland. I have been ill with a violent fever, which has reduced me to great weakness. We have proclaimed the King, and the Council desire you to further our address to him. All is quiet here, though some pilfering pirates have done damage to the inhabitants, but I have taken and executed the chiefest of them. A French man-of-war has been driven here in distress. I have shown her all civility. Signed, Effingham. 1 p. Endorsed. [Col. Papers, Vol. LV., No. 122.]
May 13.
190. Order of the King in Council. Referring the petition of Robert Orchard to Lords of Trade and Plantations, to consider an instruction thereon to be given to Colonel Kirke, who is going Governor to New England. Signed, Phi.Lloyd. ½ p. Annexed,
190. I. Petition of Robert Orchard. Recounting the story of his grievance against the Government of Massachusetts, and the report of the Lords of 3 November 1683 (see preceding volume, No. 1352) delaying redress till the Charter of Massachusetts should have been vacated. The Charter being now void, prays for relief. Copy. 2 pp. The whole endorsed. Recd. 5 May. Read 18 May 85. [Col. Papers, Vol. LV., Nos. 123, 123 I., and (order only) Col. Entry Bk., Vol., LXI., p.354.]
May 14. 191. The King to Governor Cony. We have received your letter to Lord Nottingham, and sundry articles against you from William Milbourn and William Righton. Copy of the articles are enclosed. You will give all facilities for the collection of evidence, and transmit such evidence to us. Countersigned, Sunderland. Certificates from Francis Burghill and John Jauncye that they received copies of above. Copy. 2 pp. Endorsed. Recd. from Bermudas 19 May 86. [Col. Papers, Vol. LV., No. 124, and Col. Entry Bk., Vol. XVII., pp. 130–131.]
May 15.
192. The Secretary for Virginia to the Earl of Sunderland. On the 7th inst. the Governor received the news of the late King's death. His present Majesty was proclaimed with all possible ceremony and solemnity. At the end of last winter we were much troubled by skulking pirates, who are now taken and hanged. A French man-of-war has been here to wood and water and refit. Many thanks for obtaining for me leave of absence for a year. Signed, Nicho. Spencer. Holograph. 2 pp. Endorsed. [Col. Papers, Vol. LV., No. 125.]
May 15.
193. Lieutenant-Governor Molesworth to William Blathwayt. Ten days ago arrived Don Baltasar Beck, a Dutch gentleman bred in Spain, bearing the Royal cedulas of the King of Spain in favour of Don Baltasar Coymans — to whom the King has committed the sole management of the Assiento — for the introduction of negroes into the Spanish Indies, and for taking of all effects whatsoever out of the hands of Porcio and his Agents. This was done on a suggestion that Porcio was wholly incapable of carrying it on for want of money; but from all that appeared here, the want was not of money, but of negroes. Having communicated his powers to me, he desired me to secure both the person of Porcio's agent and all effects in his hands belonging to the Assiento; to which I answered that this was impossible except by due process of law, that the Island itself was a kind of prison, which he could not leave nor send goods from without authority, and that I could not judge of the validity of his powers until I knew how they had been respected by the King of Spain's Ministers in the Indies. He thought this reasonable, not doubting to hear soon of the ratification of his powers in the proper quarter. Meanwhile the two parties kept making demands and protests, etc., complaining each that I was partial to the other, though I did my best to be indifferent. Beck tries to make me believe that he is come, not so much to take away the business, as to establish it on a better foundation, and that he hopes to hear from London of a contract with the Royal African Company, acknowledging (as is true) that the negro-trade could not be driven so advantageously for the Assiento from any port in the Indies as from this. I told him that he would not want encouragement. He then made the following proposal as absolutely essential for the settlement of a trade here, viz., that Coymans should be protected, as he was by the Spanish King's letters in the Spanish Indies, from any suit by Porcio for debts due to him. I answered that I could deny my King's justice to no one, but that I would write him for instructions, and meanwhile would do what I could to protect him against the creditors of the Assiento. I beg for instructions, and hope that my conduct will be approved.
On the 14th Captain Stanley returned from looking after the wreck, without further success than to increase his confidence of finding it at the next attempt, having, as he says, only failed now through bad weather and want of provisions. He was twice beaten off by a north wind, and was obliged to put into Porto Rico for stores before he could find the reef he sought for, which he did on the 1st April. But the bank being of great length, the weather dark and hazy, and no observations being possible by sun or stars, he was forced by bad weather to bear up for this port. He is now very confident that the rocks on which the wreck was sunk are on this bank, and that all previous searchers have gone to the wrong bank. His calculations, compared with other information, make me entertain much fairer hopes than ever before of the venture. As soon therefore as the weather breaks up, and Stanley can provide himself with an astrolabe to take an exact observation, I shall send him off again and a sloop with him. He is so confident of finding it, weather permitting, that he told me he would forfeit all the wages due to him (about 300l.) if he did not. He would have preferred the month of September, but as we hear of two other vessels bound on the same design, one of them, with a Spaniard aboard who was cast away in the wreck, it is necessary to lose no time. We have the advantage of knowing the latitude certainly better than any others. I am anxious to send him off at once also because Smith and the pilot are so impatient that they may leave us and apply to others. Stanley as he came in saw an interloper in Port Morant, which had just landed her negroes, so he brought her in with him.
Captain Mitchell, of the Ruby, writes that on the 19th April he came up with Grammont, Laurens, Yankey, Banister, and Jacobs, all great ships. He sent aboard Grammont to know why an English ship was sailing under French colours, and demanded the arrest of Banister for serving under a foreign commission, but they all said that he had not entered the King of France's service, so Captain Mitchell thought best not to insist further. I could give Mitchell no particular instructions as to Banister. He was acquitted of piracy here, and his stealing out of port was no more than a debtor running away from his creditor, so that I could not see how to justify an order to bring him in by force. His ship having been sold to the French, and I do not know how to get her out of their hands. Mitchell advises me that the French are making up a fleet of twenty-two sail at the Isle of Pines for some design which is kept very secret. He supposes to be against the galleons which were to sail this month from Carthagena for Porto Bello, but I rather suspect it may be against Carthagena itself as soon as the galleons are gone, the place being weakened by detachments from Lima and Panama. Michel, the privateer, is gone to the South Cays of Cuba to take three Dutch ships that are trading there. It will be an advantage to our traders to have them discouraged. Signed, Hder. Molesworth. Holograph. 8 pp. Enclosed. Recd. 1 Aug. [Col. Papers, Vol. LV., No. 126, and Col. Entry Bk., Vol., XXXI., pp. 57–68.] Annexed,
193. I. (1.) Grant by the King of Spain to Don Baltasar Coymans, of the Assiento, or patent right of importing slaves to the Indies, in succession to the previous patentees for said importation of negroes, Don Juan Barroso and Don Nicholas Porcio; all for two years, employing a total tonnage of three thousand tons, and under specified contracts with and payments to the Administration. Dated Madrid, March 25, N.S. (2.) Order by the same, directing loyal assistance to be given to the same against Jews or others for suppression of papers or frauds. Same date. (3.) similar to (1), but dated March 5. (4.) Similar to (2), ordering legal protection to Coymans against any disturbance by Porcio. March 25, 1685. (5.) Order signed by Andres de Ribera, Secretary to the King, revoking and cancelling the previous rights granted to Barroso and Porcio. Madrid, March 15, 1685. Spanish. Printed, with signatures written. 13 pp. [Col. Papers, Vol. LV., No. 126 I.]
May 18. 194. Information of Reuben Willis, George Franklyn, William Parker, and John Wilson. As to the arrest of themselves and Dr. Henry Woodward by warrant of Lord Cardross, in spite of their commission from the Grand Council of Carolina. [Col. Entry Bk., Vol. XXI., p. 137.]
May 20. 195. Certificate of Edwyn Stede. That the rumours that an overture was made by Sir Richard Dutton, through Stede, to Sir John Witham, offering to stand his friend if he should assign the half salary to him, are untrue. Witnesses, Henry Walrond, Stephen Gascoigne, William Walley. [Col. Entry Bk., Vol. VII., pp. 371–372.]
May 21. 196. Edward Lloyd to William Blathwayt. Mr. William Vaughan and Mr. Nathaniel Weare have to-day entered into bond in 500l. to prosecute their appeal effectually. 1 p. Endorsed. [Col. Papers, Vol. LV., No. 127.]
May 21. 197. Circular. Lord Rochester to the Governors of the Plantations. Directing them to search for and seize any effects belonging to James Holloway (see No. 179). [Col. Entry Bk., Vol. XCVII., p. 171.]
May 22.
198. Lords of Trade and Plantations to the Deputy-Governor of New Hampshire. We transmit a copy of William Vaughan's appeal (see No. 145) for communication to Robert Mason, and all others concerned. The case will be tried on the first Tuesday after Midsummer-day, 1686, when all parties will attend personally or by their agents. You will give liberty of access to all records and for taking of depositions. Signed, Guilford, Rochester, Halifax, Clarendon, Ormond, Sunderland. [Col. Entry Bk., Vol. LXVII., pp. 142–143.]
May 22.
199. Deputy-Governor Burt to Lords of Trade and Plantations. On receipt of your letter of 6 February I at once convened the Council and Assembly, when your letter and the proclamation were publicly read. The King was proclaimed by the field-marshal at the head of both regiments on the following Thursday, amid the acclamations of all. Signed, Wm. Burt. Holograph. 1½ pp. Endorsed. Recd. 25 July 85. [Col. Papers, Vol. LV., No. 128, and Col. Entry Bk., Vol. XLVII., p. 190.]
May 22. 200. Minutes of Council of Barbados. Order for issue of writs for election of a new Assembly. The King's letter of 28 March read. Orders given accordingly (see following abstracts) Order that the King's proclamation be held sufficient to validate the execution of their duty by judges and magistrates. The King's order in Council appointing four new Councillors read. John Hothersall sworn. Order for the Provost Marshal to give the Governor a list of all the Justices that were in the Commission for holding last Grand Sessions. [Col. Entry Bk., Vol. XI., pp. 592–596.]
May 22. 201. Extract from Minutes of Council of Barbados. Ordered, in accordance with the King's letter of 28 March last (see No. 97), that full liberty be given to Sir John Witham to take depositions. Copy. Certified by Edwyn Stede. 1 p. [Col. Papers, Vol. LV., No. 129.]
May 22. 202. Extract from Minutes of Council of Barbados. Ordered that all legal proceedings against Sir John Witham be suspended. Copy. 1 p. [Col. Papers, Vol. LV., No. 130.]
May 22. 203. Sir John Witham's bond in 12,000l. to prosecute his appeal to the King and Council in England. Signed, William Chester, Attorney-General. Copy. ½ p. [Col. Papers, Vol. LV., No. 131.]
May 23.
204. Report of the Proclamation of King James II. by the President and Council of Pennsylvania. Signed, Tho. Lloyd, President; Richard Ingelo, Cler. Con. ½ p. Endorsed. Read at Committee, 18 Aug. 85. [Col. Papers, Vol. LV., No. 132.]
May 28.
205. Attestation of Christopher Smith. That it was commonly reported at the Bahama Islands in April that Thomas Henley and Christopher Goff had been proclaimed pirates at jamaica. Scrap. Endorsed. Recd. 17 July 85. [Col. Papers, Vol. LV., No. 133.]