America and West Indies: July 1687

Pages 390-407

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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July 1687

July 1. 1,326. Journal of Lords of Trade and Plantations. A memorandum as to the Duke of Albermarle's salary and perquisites was brought up (see next abstract). Agreed to advise an additional instruction to the Duke and a letter to Colonel Molesworth (see No. 1,331). [Col. Entry Bk., Vol. CIX., pp. 89, 90.]
[July 1.] 1,327. Memorandum on behalf of the Duke of Albemarle. (1.) That the grant of the moiety of perquisites may be clearly expressed in his instructions. (2.) That Colonel Molesworth be directed to account with him for the same before leaving the island. (3.) That he be granted leave to coin small money, and (4) to confer knighthood. (5.) That absence in havens or harbours of Jamaica be not accounted absence from the Government. 1 p. Endorsed. Read 1 July 1687. [Col. Papers, Vol. LX., No. 82, and Col. Entry Bk., Vol. XXXI., p. 300.]
July 1. 1,328. Commissioners of Customs to Lords of Treasury. Forwarding the letter from Mr. George Muschamp, collector of the Plantation Duties at Carolina (see No. 1,204). Signed, J. Buckworth, D. North, Jo. Werden, N. Butler, T. Chudleigh. Copy. ½ p. [Col. Papers, Vol. LX., No. 83, and Col. Entry Bk., Vol. XXII., p. 118.]
July 2.
1,329. Order of the King in Council. Dismissing the appeal of Thomas Cook against the condemnation of the ship O'Brien. [Col. Entry Bk., Vol. XLVII., p. 233.]
July 3. 1,330. Additional instructions to the Duke of Albemarle. He is to receive half salary and half perquisites from the date of Sir Philip Howard's death, and Lieutenant Governor Molesworth shall account to him for the same. Visits to harbours and havens of Jamaica shall not be treated as absence from the Government. Countersigned, Sunderland. [Col. Entry Bk., Vol. XXXI., pp. 302, 303.]
July 3. 1,331. The King to Lieutenant Governor Molesworth. You will account with the Duke of Albemarle before you leave Jamaica for the half of the perquisites due to him, or give good security not exceeding £5,000 to do so. Countersigned, Sunderland. [Col. Entry Bk., Vol. XXXI., p. 304.]
July 5. 1,332. List of the documents delivered to the Duke of Albemarle on his going to Jamaica, being copy of his receipt for the same. Signed, Albemarle. 1¼ pp. [Col. Papers, Vol. LX., No. 83A, and Col. Entry Bk., Vol. XXXI., p. 305.]
July 5. 1,333. William Blathwayt to Henry Guy. Forwarding Sir Robert Robinson's letter of 23 April for the Lords Commissioners of the Treasury. [Col. Entry Bk., Vol. XVIII., p. 115.]
July 5. 1,334. Sir Thomas Pinfold to Lords of Trade and Plantations. On the petition of Sir John Hoskyns (see No. 1,177), the islands mentioned are uninhabited, so may be granted, with a condition that the grant shall be void if it shall appear that they belong to any other prince. Signed, Tho. Pinfold. 1, p. [Col. Papers, Vol. LX., No. 84, and Col. Entry Bk., Vol. C., p. 16.]
[July.] 1,335. Draft of a warrant for a grant of the islands referred to in preceding abstract to Sir John Hoskyns. 2 pp. [Col. Papers, Vol. LX., No. 85.]
July 6.
1,336. Proclamation, permitting vessels to go to the wreck on the coast of Hispaniola, and return with their treasure, on answering the King's dues. 2 pp. Added, copy of a resolution of the Council, 28 December 1687, that they issued the foregoing proclamation in the King's interest only, not knowing of any grant of wreck made by the King. ½ p. Endorsed. [Col. Papers, Vol. LX., No. 86.]
July 7.
1,337. Commissioners of Customs of Lords of the Treasury. We have considered the Acts of Virginia for appointing ports and for restraining the planting of tobacco. We have reported before on this latter measure; and for the reasons then mentioned, and more especially considering the greatness of the new impost on tobacco, we do not recommend that it be confirmed, lest some unforeseen inconvenience to trade should follow, with prejudice to the King's revenue. Signed, N. Butler, J. Buckworth, T. Chudleigh, D. North, Jo. Werden. 1 p. Endorsed. Recd. 20 July 1687. Read 12 August 1687. [Col. Papers, Vol. LX., No. 87, and Col. Entry Bk., Vol. LXXXIII., pp. 142, 143.]
July 10. 1,338. Additional instructions to the Duke of Albemarle. If any dispute shall arise between you and Colonel Molesworth on the question of salary and perquisites we will hear the same in Council. Colonel Molesworth will give £5,000 security to abide by our decisions, and when he has given it he shall not be hindered from repairing forthwith to us, nor shall he be in any way molested in his estate or effects. Countersigned, Middleton. [Col. Entry Bk., Vol. XXXI., pp. 306, 307.]
July 10. 1,339. The King to Lieutenant Governor Molesworth. To the same effect as the preceding. Countersigned, Middleton. [Col. Entry Bk., Vol. XXXI.,
July 11. 1,340. Governor Sir Robert Robinson to William Blathwayt. I send what particulars I can, and 'tis well I can send any, considering what clerks and secretaries we have here. I have settled the Custom House, and the Assembly have imposed a small tax on wine and rum for two years, which will hardly amount to £100; they having stocked themselves with six or seven thousand gallons of rum beforehand. This £100 will not be sufficient to pay officers. I cannot prevail with them for a tax on tobacco yet, but I hope to do better at the next sitting on 3rd September. The truth is that they are utterly undone if they are tied down to a single ship, and not free like other Colonies. They have spoiled two crops already, and smuggled them out of the island, because there was only the one ship to carry it; and now there is like to be enough to load two such ships, to say nothing of 15,000 lbs. of old tobacco. Pray move the Lords to give me some latitude for this purpose. As to Courts, it is impossible to settle them, for there is no lawyer here, "and them blind ones that there is" will never carry on anything to the King's interest. Therefore an able lawyer must be sent over to secure the King's negroes and lands that are withheld from him, for the people are all for a trial at law, in both cases. I shall delay the trial till an able lawyer can be sent. Pray tell me how I should deal with Mr. Bond, as to the bond and letter sent by Colonel Cony by the ship that bears this. I shall make about £15 out of the whale-fishing this year, and about £25 out of the twelve shares of land. I can get nothing of Colonel Cony for rent for the crop or for negroes of the King's sold by him. I am allowed twentyfour slaves, but I have only two that are able to work, and three or four old women, so that I am forced to hire negroes to work in the fields, though I hope that the hire will stand to the King's account. A couple of small vessels came in with Captain Phips lately from the wreck. Phips took from them a ton and a half of plate, and left them as much. They took as much more and brought it here. I took the King's tenths, and enclose an account thereof. They gave me five or six hundred pounds, and have carried fifteen or sixteen thousand pounds up the country for themselves. There is not above half a score of them, all of them poor fellows until now. Pray obtain for me orders what I shall do else. Five or six more vessels have gone hence to the wreck with my permission. They have given bond to pay the King's dues on their return. If they are successful, I think of taking security that the King shall have as much more than his tenths as he pleases, and something for his poor Governor. I have settled Mr. Green as Judge of the Admiralty. He is a pretended lawyer, and the best that I could find, but so wedded to this people that he could not tell me whether the King was to have his tenths here or not. I told him I thought it was good to be sure of it. I cannot find the six men to be appointed to the Council; indeed, I know not enough qualified persons to make up the number to twelve, so must content myself with fewer. Signed, Robt. Robinson. 2½ pp. Endorsed. 11 July 87. Recd. 10 October 1687. [Col. Papers, Vol. LX., No. 88, and Col. Entry Bk., Vol. XVIII., pp. 116–119.]
[July 11.] 1,341. A collection of enclosures to the foregoing letter.
1,341 I. List of the Assembly of Bermuda.
St. George's Parish Lieut. Booz Sharp.
Anthony Tennour.
Jonathan Stokes.
Daniel Tucker.
Smith's Tribe Captain William Peniston.
Captain Anthony White.
Thomas Smith.
Richard Gilbert.
Pembroke Tribe Joseph Howe.
Captain Edward Johnson.
John Hutchins.
Richard Pitt.
Warwick Tribe. Captain George Bascom.
Cornelius White.
Henry Harvey.
William Tucker.
Sands Tribe John Wells.
Edward Marriott.
Jonathan Birch, jun.
John Goodall.
Hambleton Tribe Arthur Jones.
Richard Stafford.
Samuel Trott.
Stephen Righton.
Devon Tribe. Joseph Dorrell.
Jonathan Turner.
Joseph Milbourne.
John Gilbert.
Pagett's Tribe Francis Jones.
Captain Copeland Lee.
Nathaniel Attwood.
Patrick Downing.
Southern Tribe Captain Thomas Richards.
Henry Tucker.
Captain Henry Durham.
Captain Francis Dickinson.
Endorsed Recd. 10 October 87.
1,341. II. Governor Sir Robert Robinson's speech to the Assembly of Bermuda. There are many things necessary to be done for the methodising of the Government. I submit to you the articles which the King has ordered me to propose to you. One broad page. Endorsed. Recd. 10 October, 87.
1,341. III. Answer of the Assembly to the above speech. Loyalty and gratitude. One broad page.
1,341. IV. Articles proposed to the Assembly by Sir Robert Robinson. (1.) A law against Sabbath-breaking and drunkenness. (2.) The rebuilding of Hearne Bay church. (3.) A salary for the minister of St. George's. (4.) A duty of a penny a pound on exported tobacco. (5.) Repair of forts. (6.) Laws for the holding of Assizes and (6) to facilitate recovery of debts. (7.) To recover the King's dues. (8.) Existing laws to remain in force for the present. (9.) Future laws to be unlimited. (10.) The building of two additional forts to westward. (11.) Imposition of licences to sell liquors. (12.) Conservation of fisheries. (13.) The raising of money. (14.) The devising of means to raise the price of tobacco and lower the price of goods. (15.) A law to compel all houses in St. George's to be stoned or shingled. (16.) Consideration how the King may benefit the islands. (17.) A tax on strong liquors. (18.) The preservation of young cedar-trees. (19.) The appointment of a chief pilot. (20.) A law to fix the qualifications of jurymen. One broad page. Endorsed. Recd. 10 October, 87.
1,341. V. Answer of the Assembly to the foregoing articles. We object to the tax of a penny a pound on tobacco as prejudicial to the island and to the King's Customs, the value of tobacco ready made not exceeding one penny a pound. 14 June 1687. One page. Endorsed as the foregoing.
1,341. VI. The Governor's answer to the foregoing remonstrance. I do not agree as to the value you ascribe to tobacco, both from information of others and my own observations; nor can I conceive how the duty should impede the industry. I believe that you might enlarge your crop and grow sugar canes as well, if you would improve your land. Nor do I believe that the tax will injure the King's Customs, though the refusal of it will offend him. I must beg of you, therefore, to pass it. Had the King only extended his late favour to only three or four persons I should have wondered less at your objection to the tax. But when I remember how he has altered the Government to meet your wishes, and made me an allowance so that I should not become a charge to the Colony, I am startled at your refusal. I shall be glad to consider any proposals for settling or raising the price of tobacco; but meanwhile the King has been at the expense of £800 or £1,000 for the Company's lands and negroes; which negroes are not to be found, while the lands are worth little. 2 large pages. Endorsed as the foregoing.
[July.] 1,341. VII. Sir Robert Robinson's answers to the heads of enquiry given by the Lords of Trade and Plantations. (1.) The militia consists of 780 men, of whom 197 want arms. They are divided into six companies and exercised according to custom. (2.) The island with St. George's is twenty miles long; the width varies from half a mile to two miles. About 10,200 acres are patented to freeholders. (3.) There is but one castle, King's Castle, at the mouth of King's Castle harbour, armed, when I came, with twenty-one great guns. Small arms and ammunition were scanty. Southampton fort is opposite King's Castle, mounting nine guns. Pagett's fort and Smith's fort are opposite each other at the mouth of the town-harbour; both are of eight guns. There are twelve guns mounted at the town of St. George's. (4.) St. George's is the only town. It consists of about sixty houses built of timber, of about three rooms to a floor. Few are of two stories. Some are roofed with stone, some with wood, and some are thatched with palmetto leaves. (5.) The islands are divided into four parishes besides St. George's; the four are sub-divided into eight tribes. (6.) There are no rivers. Two harbours. Castle harbour is eighteen feet channel at the entrance, and seven or eight fathoms within. Town harbour is fourteen feet at the entrance and five fathoms within. Eley's harbour, at the west end, which I intend to fortify at once, is eight fathoms channel at the entrance, seven fathoms of water within. There are several good roadsteads besides. (7.) Tobacco is the only product. About 20,000 lbs. are consumed on the islands. (8.) The imports are dry goods, liquors, provisions. No account of the value was kept by the late Company. (9.) Saltpetre is not to be found. (10.) There are few merchants, the people being mostly planters. (11.) There have been no immigrants for many years. The late Company kept no account of slaves imported. (12.) Baptisms in the last seven years, 843 whites; 525 slaves. Total population, whites and blacks, 8,000 to 9,000. 215 marriages in the seven years. 354 deaths of whites, 279 of slaves. Slaves are about one third of the population. (13.) The wealth of the island does not exceed £60,000, besides the land. (14.) Shipping consists of 42 sail, three quarters of these sloops, the rest barques of from twenty to ninety tons. Few ships of other Colonies trade here. (15.) Limitation to one ship is the first great destruction to trade, for it keeps other ships from calling. Much tobacco has been wasted and much revenue lost for want of freight. (16.) The first great advantage to trade would be to make the port free and open like the ports of other Colonies. (17.) The Presbyterian is the commonest religious persuasion. (18.) The former maintenance of a minister was fifty acres of glebe land and forty pounds a year, but now it is glebe only and voluntary contributions. There are no poor decayed persons, no beggars, and no idle vagabonds in the land. The queries and answers are set down in opposite pages. The whole, 16 pp. Endorsed Recd. 10 October 1687. [Col. Papers, Vol. LX., Nos. 88I. –VII., (and enclosure No. VII. only) Col. Entry Bk., Vol. XVIII., pp. 119–127.]
July 12. 1,342. Petition of the proprietors of East New Jersey to the King. (1.) We did not receive our province as a grant but bought it, yet we are compelled to repurchase it of the Indians at a considerable and increasing rate. (2.) The most considerable of us would not be concerned in it till we had received your Majesty's assurance of the soil, free trade, and free navigation. (3.) Relying on this grant as inviolable we ventured great stocks in it, have sent many hundreds of Scotchmen there, and mean to send more unless we are discouraged. But so far we have received no return. (4.) We conceive that the foregoing facts make our case very different from that of other American Colonies, all of which, though under writ of Quo Warranto, remain undisturbed in their properties. But we are disturbed by the Governor of New York, who forced a ship from the port of Amboy to enter at New York. (5.) As to the objection that the customs are not paid in New Jersey as in New York, we would observe that the duty is imposed by the Assembly of New York, wherein New Jersey is not represented. Even if it could be demanded in New Jersey without the assent of the Assembly we do not think such action on the part of the Governor of New York justifiable, for our right is no franchise revertible to the Crown on a Quo Warranto, and if it were, we ought not to lose it except on legal eviction or voluntary surrender. (6.) Though it has always been the custom to nourish young Colonies by free trade, we are willing to impose the duty if the King wishes it, but all the other ports should pay the like custom, or trade will desert the unfree parts for the free. (7.) Again, we are ready to surrender our proprietary rights, as the King wishes to take the Colonies more directly under his administration, but on this we offer the following proposals. (i.) That East Jersey may not be annexed to New York, but be continued as a distinct government, or be joined with West Jersey, the King naming one of the proprietors Governor, and allowing the rest, or their proxies, to be always of the Council. (ii.) That Courts of Justice may be established in Perth with appeal to the King in England only; for if the people be forced to go to New York for redress, it will be cheaper for them to bear oppression. (iii.) That the proprietors be allowed to enjoy free trade, a collector being appointed to collect the customs and enforce the Navigation Acts. (iv.) That the proprietors may have the sole right of treating with the Indians for purchase of lands from them, and may appoint the necessary officers. Hereby we hope that our venture may be preserved, and the King's wishes fulfilled better than by the annexation of East Jersey to New York. We are ready to explain any obscure points if called upon. 2½ pp. Subscribed. An order from the King referring the petition to Lords of Trade and Plantations, to hear the proprietors therein and report. Signed, Middleton. Windsor, 12 July 1687. Endorsed. Read 12 August 87. Referred to the Treasury. Ordered at Windsor the 14th. Copy of reference. Col. Entry Bk., Vol. LXIX., p. 119. [Col. Papers, Vol. LX., No. 89.]
July 12. 1,343. Minutes of Council of Barbados. Order for Ralph Lane to be summoned on account of his petition and appeal to the King, which are accounted libellous and scandalous. Order for Francis Dormer, sent prisoner by the African Company's agent for treasonable language, to be sent over to the Company in England, together with the evidence against him. The letter of the Lords of Trade concerning the petition of Richard Scot read. Acts for a duty on shipping and for appointing a Committee to revise the laws read and passed. Address of the Assembly to the Lieutenant Governor for payment of six months' salary to their clerk, Richard Cartwright, which was ordered. The Governor commended to them the revision of the laws and the presentment of the Grand Jury. Order for payment of six months' salary to the Marshal of Assembly. Address of the Assembly on the presentment of the jury, stating that they hoped the building of a State-house would be taken in hand next Assembly, and orders for raising payments. Order forbidding the Marshal's officers to exact illegal fees.
July 13. Ralph Lane appeared, and as he still insisted on the truth of his petition, it was ordered that copies of the documents which he needed should be issued to him. His letter and petition were then considered, and he was bound over to appear at Grand Sessions to answer for the same.
July 14. Sundry orders for rebate of duties. [Col. Entry Bk., Vol. XII., pp. 43–53.]
July 12 1,344. Journal of Assembly of Barbados. John Reid chosen speaker. Act for continuing the Committee for the revision of the laws passed. Salary for clerk and marshal passed. A present of £1,000 to the Governor voted, and a bill for the purpose passed. [Col. Entry Bk., Vol. XIV., pp. 170, 171.]
July 13. 1,345. Minutes of Council of New England. Petitions of Jonathan Selleck and Mary Sherman as to land grants considered and disposed of. [Col. Entry Bk., Vol. LXIV., p. 128.]
July 13. 1,346. Order of the Lords Proprietors of Carolina for the grant of 626 acres of land to James Boyd. Signed, Craven, Albemarle, Bath (for Lord Carteret), P. Colleton, Tho. Amy. [Col. Entry Bk., Vol. XXII., p. 114.]
July 14. 1,347. Order of the Lords Proprietors of Carolina. That the grant of land made to MM. Genillac and Bruneau shall be a free gift. Signed, Craven, Bath (for Lord Carteret), P. Colleton, Tho. Amy. [Col. Entry Bk., Vol. XXII., p. 115.]
July 16.
New York.
1,348. James Graham to John Spragge. Mr. Swinton is dead of an apoplexy, leaving his affairs in great confusion. I have received a letter from the Governor, who is at Albany, saying that the French have assaulted the Senecas and been worsted. Other reports say that the French lost three hundred killed. This is unconfirmed, but however the matter stands, the consequences must be injurious to us, for we have little trade and are likely to be engaged in a bloody war of which the event is uncertain. We are much surprised at these proceedings of the French, not knowing what moved them to invade the King's dominions without notice and so soon after the publication of the treaty between the two Crowns. The Governor will give you full information by next ship, he having sent a messenger to the French, who is not yet returned. Lord Howard of Effingham and Sir Robert Parker arrived here five days ago from Virginia. He laments the Governor's absence, but is otherwise well satisfied with his entertainment. Signed, Ja. Graham. Holograph. 1 p. Endorsed. Printed in New York Documents III., 426. [Col. Papers, Vol. LX., No. 90.]
New York.
1,349. James Lorkan to John Spragge. A sloop arrived this morning from Albany with a letter from the Governor. He writes that the French were coming to fight with the Indians, and were met at their landing by the Indians, who killed three hundred of them. The Governor is still at Albany and it is not known when he will return. Mr. Swinton is dead and buried, and his office sealed up till the Governor's return. Signed, James Lorkan. Holograph. 1 p. Undated but endorsed. July. [Col. Papers, Vol. LX., No. 91.]
July 16.
1,350. Order of the King in Council. On the appeals of John Kirwan and Captain St. Loe, ordered that the sentence of the Court of Common Pleas in Antigua in favour of the ship Good Intention be reversed, and the sentence in favour of Captain St. Loe confirmed. [Col. Entry Bk., Vol. XLVII., p. 276.]
July 18. 1,351. The King to Lieutenant Governor Stede. Ordering Rowland Bulkeley, Colonel Thomas Lewis, and John Farmer to be sworn of the Council. [Col. Entry Bk., Vol. VII., p. 435.]
July 18. 1,352. Lords of Trade and Plantations to the King. On the petition of the Royal African Company, we recommend that Sir Nathaniel Johnson be ordered to check the importation of negroes or any other goods from the Dutch Islands to the Negro Islands, and to punish all interlopers severely. [Col. Entry Bk., Vol. XLVII., p. 270.]
July 19. 1,353. Journal of Lords of Trade and Plantations. Captain St. Loe's information against Sir James Russell read (see No. 1,356). Agreed to represent the matter to the King.
Colonel Stede's letter of 27 May read (see No. 1,272). An extract to be laid before the King.
Draft letters to Colonel Dongan and Lord Howard of Effingham read and approved.
List of documents sent and received. [Col. Entry Bk., Vol. CIX., pp. 91–95.]
July 19. 1,354. Lords of Trade and Plantations to Governor Dongan. The King has considered the petition of the French Protestants (see No. 1,142IV.), and orders you to give them all fitting encouragement. You will send us the names of such French Protestants as desire to settle in your province, that letters of denizeration may be issued to them, which will entitle them to trade to the Colonies as they wish. Signed, Jeffreys, Sunderland, Arundell, Craven. Printed in New York Documents III., 426. [Col. Entry Bk., Vol. LXVIII., pp. 160, 161.
July 19.
1,355. Lords of Trade and Plantations to Governor Lord Howard of Effingham. Forwarding copy of the Commissioners of Customs' report as to raising the value of foreign coin, for his information and guidance (see No. 1,227). Signed, Jeffreys, Sunderland, Arundell, Craven. [Col. Entry Bk., Vol. LXXXIII., p. 136.]
[July 19.] 1,356. Information of Captain St. Loe, R.N., as to the state of Nevis. (1.) Sir James Russell, the Deputy Governor, is a great favourer of privateers. At the beginning of July 1686 there arrived at Nevis from England one Captain John Bear in a small frigate called the James, with the King's colours flying. I sent on board to ask by what right the flew them, and found that he had a commission from Sir William Stapleton, but for another ship. I complained to Sir James Russell, who summoned Bear before himself and Council. I laid the case before them, also the suspicious circumstance that Bear had gone to England in a sloop and returned in a frigate, but Sir James and the Council, accepting an absurd excuse of Bear's, not only discharged him but renewed his commission. Armed with this Bear has committed some piratical acts on the Spaniards, and during my absence brought one of his prizes, the Soldada, to Nevis, and had her condemned by Sir James Russell and his Council. Sir James Russell then gave Bear a new commission for the captured ship, sold him guns and stores, and sent him off to St. Thomas', hearing that I was expected from New England. On my return I asked Sir James for leave to go in pursuit of Bear, but obtained none till last January, when Bear was supposed to have left St. Thomas'; and then his only orders were that if I met Bear I should take away his commission. This I did, and Sir James has several times lamented it in my hearing. Again, when in obedience to Sir James's orders I had brought Bartholomew Sharpe to Nevis for trial, Sir James would not sit in judgment on the case himself, but appointed certain persons as judges, who were not sworn. At the first trial they would not admit the evidence of a Spaniard nor of a Christian Indian, nor even of myself, but "God-damned" all Indians and Spaniards for a crew of dogs, who should not take away an Englishman's life. So the grand jurv threw out the bill. Afterwards I obtained from Sir James Russell a pardon for three of Sharpe's men to turn King's evidence, but he took it away from me again and kept it till the three men had left the island. At last he gave a new pardon to three men who had been indicted with Sharpe, but the judges would admit no evidence but that which they had given as prisoners, and this evidence was taken from them in prison, the day before the trial, by one of the judges. I pressed Sir James Russell to swear the judges, but he would not, and he refused to give me authority to impress Sharpe's men, who after their acquittal were idling and pilfering about the island. When I made up my complement by taking men out of the merchant ships, he made me return them.
Sir James has also on several occasions refused me leave to go to the other islands to seize foreign vessels trading therein, or to send thither the vessels which I kept at my own expense for the purpose. In June 1686 one of my men seized a sloop coming into Nevis with wine and brandy from French St. Christopher's. Sir James Russell at once took my men out of her and sent them to prison, where they lay till my return. He also took bail of the owners of the wine and brandy to see them forthcoming when brought to a trial. But at the trial some of the men swore that they had carried all the liquor back to St. Christopher's, so she was cleared, though the liquor was afterwards found ashore at Nevis. The liquor was indeed seized, but Sir James would not allow the King's searcher, who had discovered it, to be the informer, but put in one of the owners. My men who had seized the sloop being in prison, the ship of my own from which they had seized her was left unmanned and was much damaged, and on my departure for New England Sir James caused her to be valued and sold. Sir James frequently allowed vessels to trade with French St. Christopher's; he refused to let the Dartmouth go in search of an interloper at Bermuda or of another illicit trader at Antigua; he would never give me ammunition, nor suffer me to buy it nor to go where it could be supplied. 5½ closely written pages. Endorsed. Read at the Committee 19 July 1687. [Col. Papers, Vol. LX., No. 92.]
[July 19.] 1,357. Lists of Acts received from the Secretary of New England 19 July 1687.
Act for continuing and establishing of revenue rates and duties (see No. 1,195).
Act empowering Justices of the Peace to decide differences not involving more than forty shillings.
Act to establish Courts of Judicature.
Act against pirates and piracy.
Order for raising the price of foreign coin. [Col. Entry Bk., Vol. LXI., p. 351.]
July 20.
1,358. Memorial of the French Ambassador, Barillon, and of the Envoy Extraordinary for the execution of the Treaty of Neutrality. We are ordered to represent that Captain Brach [Beach] of H.M.S. Mary Rose has been to Dominica and given the Caribs a kind of certificate that they have become voluntary subjects of the King of England. This is quite contrary to the good understanding between the two Crowns, and to the treaty of 1660 in regard to the Caribs, whereby French and English agree to leave St. Vincent and Dominica to the Caribs, on condition that they maintain peace. We ask for disavowal of this Act, and for the forbidding of such proceedings in future. French. 1½ pp. Endorsed. Recd. 27 November 87. Annexed,
1,358. I. An account of the proceedings that led to the treaty with the Caribs of 6 August 1660, referred to in the foregoing, with substance of the treaty. Extracted from the Registry of Martinique. Copy. French. 13 pp. [Col. Papers, Vol. LX., Nos. 93, 93I.]
July 20. 1,359. Minutes of Council of New England. Orders as to the petitions of Mary Sherman, Jonathan Selleck, Samuel Ballatt, and Henry Mountfort. [Col. Entry Bk., Vol. LXIV., pp. 128, 129.]
July 22. 1,360. Minutes of Council of Maryland. Rumour of a rising of Nanticoke Indians considered. Letters from Major Peter Sayer and Colonel Henry Coursey read. Orders were thereupon issued. Orders to the military officers to muster their regiments and see that the arms in their magazines are in good order. Further letters as to the rising read, and as to orders already given. The Council resolved to send Colonel William Stevens to renew the treaty with the Indians. Instructions to Colonel Stevens to start with a good party of horse to impress the Indians with his strength, and invite them down to St. Maries to make peace, promising redress of grievances, or if they will not come down, to renew the old articles of peace. If they will neither come to St. Maries nor make peace on the spot, Stevens will warn all military officers to be on the alert. Orders for pressing ammunition, for arrest of a man suspected to have murdered an Indian, and for summoning retired officers of militia back to the colours. [Col. Entry Bk., Vol. LIV., pp. 102–111.]
July 26.
1,361. Lieutenant Governor Stede to Lords of Trade and Plantations. Sir Timothy Thornhill has been tried at the late Court of Grand Sessions and found guilty of words uttered in contempt of loyalty and good allegiance. The Court fined him five hundred pounds, a small penalty for so great a crime; but Sir Timothy has appealed to the King, so that I think it my duty to give you an account of the trial and show you that it was a fair one. Sessions began on the 7th June, and the indictment against Sir Timothy came before the Grand Jury, and afterwards before the petty jury on the 8th. His counsel excepted against the jury as being partly summoned on a writ addressed to Mr. Hardwood, who was his prosecutor, and evidence against him. Though but six jurors were returned by Mr. Harwood, all the rest were supposed to be tainted by that return, and incapable of proceeding with the trial. He therefore challenged the whole array. The Court, after listening with great patience to the arguments of his counsel, overruled the general challenge, but left him free to challenge individuals. He challenged many on unfit and illegal grounds, none of them the jurors returned by Mr. Harwood, and was overruled by the Court. The trial lasted many hours, Sir Timothy being allowed full liberty to say and prove whatever he thought would extenuate his offence, since the use of the words by him was clearly proved by Mr. Harwood. Sir Timothy persistently denied it, and produced Mr. John Duboyce, whose deposition is with you, and who now gave evidence varying from that which he gave originally. Sir Timothy then endeavoured, by the testimony of several justices on the bench, to prove himself a loyal subject, and several deposed that they believed him to be such. He then tried to invalidate Mr. Harwood's evidence, but offered nothing that was not malicious or scurrilous. The Court heard him with great patience, interposing only when he wandered from the merits of the case to foul abuse and reflections on Mr. Harwood's antecedents, for many of the Council have known Mr. Harwood for years, and knew that he was not to be charged with immorality and other vices. Sir Timothy produced one witness who pretended that he had been suborned by Mr. Harwood to swear falsely against him, but the man contradicted himself so often that he finally left the Court ashamed. I was then called to give evidence as to words used by Sir Timothy Thornhill about the civil war, and as to improper conduct at a Committee on other occasions. On the jury finding their verdict, Sir Timothy very unbecomingly asserted his innocence by casting up his eyes and bowing to the justices, saying that this manner of dealing with him would greatly discourage the voung gentlemen of the island from accepting expensive and troublesome military employments. The Lieutenant Governor interposed to reprimand him. Sentence was passed on the 11th June, when the Lieutenant-Governor reproved him that he who should have sat on the bench should be standing at the bar, and the fine of five hundred pounds was imposed by the unanimous assent of the whole Court; from which, as I have said, he appeals, Signed, Edwyn Stede. 7¼ very closely written pages. Endorsed. Recd. 3 October 87. [Col. Papers, Vol. LX., No. 94, and Col. Entry Bk., Vol. VII., pp. 440–449.]
July 27. 1,362. Minutes of Council of New England. Act as to making of barrels read and amended. Resolved that the Indian trade be regulated by a former law till further order, that the Courts of Sessions and inferior Courts of Marine be held at York and Wells successively, and that Courts be held in Cornwall. Order that the Chief Judge's salary be £150 per annum, and the other judges' of the superior Court £120. Order for erection of fortifications on Fort Hill.
July 28. Orders for payment for the repairs of the Castle, for continuance of the ketch for the King's service, and for a boat for the Governor. Order for the execution of the judgement of the Privy Council on the appeal of William Vaughan. Order for Mr. Randolph's charges to be paid out of the next rates. [Col. Entry Bk., Vol. LXIV., pp. 129, 130.]
July 29.
1,363. Lieutenant Governor Stede to Lords of Trade and Plantations. Having already given an account of Sir Timothy Thornhill's trial I send an account of the rest of the business of Grand Sessions. You will see therein the unquiet and evil disposition of Sir Timothy Thornhill, and the mischief that he made, though bound over in £4,000 to good behaviour. He deserved severer punishment for his scandalous reflections upon me, but when I questioned him of it he denied all resolutely until oath was made by a member of Assembly, one of Sir Timothy's own friends, who was ashamed of his behaviour. I referred the matter to the Council, who committed him to the Provost Marshal to be tried for the same at the ensuing Sessions. Sooner than endure this he begged to be allowed to make a full confession of his faults of that kind, and did so in open and full session, begging pardon and promising amendment, and hoping that this might be taken in satisfaction of his offence. It was accepted, and he was dismissed, though I have little hope that he will keep his promise longer than he is bound by obligation to good behaviour. Ever since Sessions he has made false and scurrilous reflections on a member of Council. I hope to smooth over the matter, but if it were not for Sir Timothy we should all be living in peace. However, he has not greatly interrupted that peace, and his power to do so will decrease daily now that he is better known and less trusted. He will probably lay before you certificates of his piety from the clergy, and of his loyalty from other people, both obtained by unfair means; I hope that these will not weigh with you in considering his appeal. I do not think that he should be discharged from his obligation to good behaviour for some time, much less restored to his offices.
I now submit to you the hard case of one William Meagher, who was found guilty of murder by some mistake of the jury. He was deputy to the marshal of a regiment of foot, and was employed in levying distress on a militiaman for non-attendance at musters, and killed a man by misadventure while defending himself against the attack of some men who tried to recover the distrained goods. I respited the sentence, and beg that he may be pardoned, as the verdict of guilty of murder was a very strange and hard one. I enclose the presentment of the Grand Jury and my address to both juries. I am sending the Mary Rose again to St. Lucia, and thence to Tobago until the hurricane season be over, the bays and harbours of that island being safe and good. I hope to finish all the new forts in the island and repair the old in a very short time. The new pieces are most of them mounted. The collection of the laws has been retarded by some turbulent spirits in the Assembly, but an Act has been passed appointing Commissioners to do the work after the dissolution of the Assembly, so that the work will go forward. I beg your good offices to obtain the King's leave for me to accept £1,000 voted to me by the Council and Assembly. Signed, Edwyn Stede. 3½ very closely written pages. Endorsed. Recd. 3 October 87. Annexed,
1,363. I. Presentment of the Grand Jury of Barbados to Lieutenant Governor Stede, 11 June 1687. We present (1.) The disregard of the Sabbath. (2.) The prevalence of profane swearing. (3.) The want of a State-house. (4.) The insufficiency of the present gaol. (5.) The danger from the arrival of ships with sickness aboard, and the landing of the sick. (6.) The illegal extortion of money by the officers of the marshals. Copy. Large sheet. Endorsed. Recd. 12 August 87.
1,363. II. Lieutenant Governor Stede's charge to the Grand Jury. 2 pp. Endorsed. Recd. 12 August 87.
1,363. III. Lieutenant Governor Stede's charge to the petty jury. Endorsed. ½ p. Recd. 12 August 87. [Col. Papers, Vol. LX., Nos. 95, 95I. –III., and (despatch only), Col. Entry Bk., Vol. VII., pp. 427–432.]
July 29.
1,364. Lords of Trade and Plantations to Lieutenant Governor Stede. With reference to our letter of June 15 (see No. 1,303), you will deliver the ship Hardereen to Samuel de Paz who has been appointed by the owners to be their procurator in the business. Since much of the rigging and cargo has been embezzled by the officers and crew of H.M.S. Mary Rose you will allow them no salvage money until the things themselves or their value in money shall have been restored. Signed. Jeffreys, Sunderland, Ormond, Albemarle, Mulgrave, Peterborow, Craven, Middleton. [Col. Entry Bk., Vol. VII., pp. 434, 435.]
July 30. 1,365. Lords of Trade and Plantations to Governor Sir Nathaniel Johnson. Orders to check the importation of negroes or other goods from the Dutch Islands into the Leeward Islands, and to punish interlopers severely. Signed, Sunderland, Mulgrave, Bath, Godolphin, Dover, J. Ernle. [Col. Entry Bk., Vol. XLVII., p. 271.]
July 30. 1,366. The King to Governor Sir Edmund Andros. Ordering him to enquire into the case of Robert Orchard and to procure him redress. Countersigned, Sunderland. [Col. Entry Bk., Vol. LXI., p. 356.]
July 30.
1,367. Order of the King in Council. That all letters and papers relating to Mr. George Muschamp's complaint of illegal trading in Carolina be sent to the Lords of Trade and Plantations for examination of the subject. Signed, Phil. Musgrave. ½ p. Endorsed. Recd. 10 August 1687. [Col. Papers, Vol. LX., No. 96, and Col. Entry Bk., Vol. C., p. 1.]
[July?] 1,368. Reply of the English Commissioners to the memorial of the French Commissioners (see No. 1,324). (1.) Sebastian Cabot discovered the part of America in question not by chance but by particular order of Henry VII. It would be easy to prove discovery and possession before the Spaniards, who have never disputed the English right, set foot in the country. It is unnecessary to prove settlements made by Cabot or Hudson since the French made none till 1682, twelve years later than the English. (2.) There is no intention of proving rights of maps, yet the names given therein are convincing arguments as to the proprietorship. If the French intended to claim the country why were maps printed in Paris and dedicated to the Dauphin, with the English names therein? (3 and 4.) If Hudson in 1610, Button in 1612, and Luke Fox in 1612 made notable voyages, that does not exclude private voyages made in addition during that time, whereby not only possession was taken but the territory was occupied for some time and the usual marks of the English King's sovereignty left behind. The erection of crosses is as much an English as a French practice. The name of North Wales given to the neighbouring county by Sir Thomas Button shows the English King's right to those parts. (5.) The English expedition of 1667 is sufficient alone to establish their right. The employment of French deserters does not vitiate it. The Venetians might as well claim the territory because Cabot came from Venice, or the Genoese claim Spanish America because Columbus came from Genoa. (6.) The English being in possession, the Treaty of Breda tells in their favour. It is unnecessary, therefore, to prove the English King's right to the river, coasts, and Port Nelson, which are but portions of Hudson's Bay territory, or to rehearse that Nelson lived there himself from 1612 till his death, whereas the French never came there till 1682, when they built a small fort on the ruins of the English, whom they had by violence dispossessed. It is owned that two French ships came in 1682 to the river, which was then for the first time called Bourbon, but it can be proved that the Boston ship, Gilliam the younger master, was there first, who though he did not own the Hudson's Bay Company, was under the protection of the King of England, and needed no commission. A few days later a second ship, Gilliam the father master, arrived, when the title of the Company was explained to the French, who, however, none the less overcame both father and son, and took their vessels. It is acknowledged that the letters given by the King to the English Company confer no right, but the trade and establishments of the Company shew that the King's right was good. The English Company does not think itself liable for damages claimed by the French for disturbance in 1683, since it acted only in self-defence.
As to the titles produced by the French Commissioners, that of King Francis I. is of no force, since no possession was taken, and the rest of the letters patent are no prejudice to the English King's right since there is nothing to hinder any prince from giving Governors and Companies such titles as he pleases. Those given by Henry IV. and Louis XIII. comprehend the whole of the English possessions in America, which, however, cannot invalidate the English King's sovereignty. Were such titles insisted on there would be no safety for English subjects in any English Colony possessed since the Treaty of Breda. The French would have only to surprise them and allege imaginary discoveries, or that five or six Frenchmen had passed there before and had made some contract with the Indians. It is better to rely on actual discoveries and on possession taken. The English Company does not feel liable for losses sustained by French subjects after so manifest an invasion as that of the French in 1682 and 1686. The Company will not be wanting to keep its agents within its legitimate boundaries, if the Company of Canada will do likewise and restore the property taken by violence in time of peace. 6½ pp. Here follows a French translation of the foregoing. [Col. Entry Bk., Vol. XXV., pp. 34–48.]
[July?] 1,369. Second memorial of the French in reply to the rejoinder of the English Company. (1.) We do not pretend to establish our right to Hudson's Bay by citing royal grants. We only wish to take advantage of authentic titles and deeds which justify the taking possession of the territory and the erection of forts and factories. (2.) It is on such proofs that we rely to refute the English statement that we had no settlement there till 1682. (3.) We beg the Commissioners to examine the following facts on our maps and documents. (4.) The French Company of 1627 was authorised by an edict of King Louis XIII., granting to it all the territory from the Arctic Circle, and from Newfoundland to the great fresh lake. (5.) The English contend that this includes Carolina and Pennsylvania; but these countries were secured to them by the treaty of 1632. (6.) The extension of Colonies is of course a matter of time and care. (7.) We sent our missionaries to all the territory granted to the Company, beginning at Quebec and Montreal, and hope to send them still wider afield. (8.) In 1656 we sent a ship commanded by Jean Bourdon along all the northern coast of Canada, who took authentic possession of Hudson's Bay, but made no settlement, since establishments on the coast were for the present more convenient, waiting only for a time to push closer and closer to it. (9.) With this view, in 1661 a fort was built on the river called by the English Rivière des François, two or three leagues from Rupert river. (10.) In this same year the Indians of the bay came to Quebec on purpose to place themselves under the sovereignty of France and ask for a missionary. (11.) In 1663 they came again, and Sieur Couture, a missionary, was sent to them, with four or five more, who erected a cross and the King's arms in token of renewal of possession. (12.) In 1663 the King accepted the surrender of the Company's rights to the Crown. (13.) In 1664 he established a new West Indian Company, and granted it the same territory as had been granted to the former Company. (14.) In 1665 a fort was established on Lake Superior. (15.) In the same year all the Iroquoisnations put themselves under the protection of the French King. (16.) In 1666 Sieur du Bois took possession in the King's name of all the Iroquois forts. (17.) In 1671 Sieur de St. Lusson received the voluntary submission of the seventeen nations in the coasts of the bay to the sovereignty of France. These seventeen nations include the Ottawas of Lakes Huron and Superior, of the northern territory, of Hudson's Bay, Puans' Bay, and the lake of the Illinois. (18.) In 1672 Father Albanel and Sieur de St. Simon took possession anew of the country between the St. Lawrence and Davis' and Hudson's Straits. They planted a cross at the Rivière des François. (19.) In 1673 six forts were built on Lakes Ontario and Illinois, at Crevecoeur and elsewhere, and factories with them. Having thus established its trade on a solid basis, we built one fort and factory at Port Nelson. (20.) The English had no settlement there until 1682, when the barque came from Boston and was wrecked, as has been already related. (21.) So far for the statement that we knew nothing of the country till 1682. (22.) As to the English settlement on Rupert's river, for which a royal grant was obtained in 1670, the English themselves hold that royal grants do not avail against possession taken. They could not reach the river without the help of our deserters. (23.) As to the peaceable possession which they plead, Mons. de Frontenac remonstrated as soon as he heard of it with the head of the factory, and the King remonstrated likewise with the English Ambassador. Other more important business, however, caused a settlement of the question to be delayed. (24.) Ancient possession and the right of first occupation justify the French in complaining of the attack on their forts and factory at Bourbon river, yet though the French Company sent an emissary to claim satisfaction he could obtain none. It was therefore obliged to take the English settlements by way of reprisal. (25.) Thus, therefore, the French right is made out. French. [Col. Entry Bk., Vol. XXV., pp. 49–58.]
[July?] 1,370. Petition of Samuel Dyer to the King. I had no notice of your order on the appeal of Richard Scot until 16 July. The whole of his appeal is scandalous and vexatious. I beg that it may be dismissed and that I may be released from further attendance. Signed, John Cressett, jun. 1 p. Endorsed. [Col. Papers, Vol. LX., No. 97.]
July. 1,371. "A list of injuries sustained by the English from the Spaniards since the Treaty concluded at Madrid the year 1670." An enumeration of the various ships captured or plundered from 1670 onward, the latest mentioned being in July 1687. The whole 12 pp. [Col. Papers. Vol. LX., No. 98.]
[July.] 1,372. Commission to the Duke of Albemarle to take upon him, on his passage out, the command of the force in any Colony so long as he shall remain there. [Col. Entry Bk., Vol. XXXI., pp. 333, 334.]