America and West Indies: February 1688

Pages 491-509

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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Feburary 1688

Feb. 1. 1,615. Journal of Lords of Trade and Plantations. Draft commission for Sir Nathaniel Johnson for composing differences between English and French in St. Christopher's read and approved.
Report of Commissioners of Customs on the petition of Philip Siveret read. The Lords agreed on their report (see No. 1,608).
Sir Timothy Thornhill's appeal against a fine imposed on him in Barbados to be heard this day fortnight.
Memorandum of documents sent and received. [Col. Entry Bk., Vol. CIX., pp. 126, 127.]
Feb 2. 1,616. Minutes of Council of New York. Thomas and Edward Stevens appeared before the Board on a charge of procuring an unlawful marriage, and were committed for trial. [Col. Entry Bk., Vol. LXXV., pp. 15, 16.]
Feb. 2. 1,617. Minutes of Council of Virginia. Order for issue of writs for an Assembly, to meet on 19 April and pass a law to prohibit export of bulk tobacco. Government of Maryland to be apprised. The King's order for the displacement of Colonel Ludwell and the admission of Colonel Atherton to the Council read. An address to be preferred to the King on the declaration of indulgence; Colonel Armestead to be recommended to the King as a Councillor; pirates to be received according to the royal orders. Captain Simon Rowe's letter as to seizure of a pirate at Accomack, and complaining of the mismanagement of Colonel Custis, read. Colonel Custis to give an account of the proceeding. The complaints of Captain Crofts against the Governor examined. Captain Allen and others testified that the Governor had always given all possible encouragement to the King's officers. [Col. Entry Bk., Vol. LXXXIV., pp. 263–274.]
Feb. 2.
1,618. Extract from the minutes of Council of Virignia. Considering the great distance of the residences of many of the Council, of the infirmities of others, and the death of Colonel Bridger, a member of Council, the Governor was requested to recommend the appointment of a new Councillor, and chose John Armestead. Copy. 1 p. [Col. Papers, Vol. LXII., No. 16.]
Feb. 3. 1,619. Minutes of Council of Jamaica. The business of the Post office considered. His Grace asked to establish it. Mr Wenbourne's business about the patent for fairs and markets considered. [Col. Entry Bk., Vol. XXXVI., pp. 192, 193.]
Feb. 3.
1,620. Memorial concerning his Majesty's land in Bermuda. King Charles II. Ordered the Bermuda Company to certify as to the estate of the regicides in Bermuda, and declared his intention to make them over to Mr. H. Killigrew and Mr. Dungan. The company certified twenty-two shares, whereupon Sir George Waterman asked Killigrew to let him have the refusal of the land, and paid eighty broad pieces of gold, which Killigrew gave bond to repay if he did not make over the land. The Company put Sir George in immediate possession of the land, which he enjoyed to his death on these terms, and then bequeathed to his daughters. The daughters pretend to sell the land to one Woden, another favorite of the company, who, on the dissolution of the company, came to the Treasury for a grant of the land, but found that it was brought in there as a discovery, and the matter was transferred to the Privy Seal, when, after enquiry, the grant was laid aside as unfit to pass. But under a new Lord Privy Seal, who knew not that Woden's proceedings had been stopped, it passed on to the Great Seal, and Woden brought his action in Bermuda for these shares and for certain others. The King being thus deceived both in the title and quantity of the land, the grant is void. The fourth part of the Company's land, which was set apart for the maintenance of the Government, is now also vested in the King. Written below. A reference of the memorial to William Blathwayt for his report and opinion. Signed, Hen. Guy. 2 pp. Endorsed. [Col. Papers, Vol. LXII., No. 17.]
Feb. 4. 1,621. Minutes of Council of Maryland. A new proclamation to be issued as to towns, and the people to be told that Lord Baltimore will be in the county next fall to see that the act for advancement of towns is strictly enforced. [Col. Entry Bk., Vol. LIV., pp. 133–135.]
Feb. 9. 1,622. Minutes of Council of Nevis. The Governor proposed to the Council that the fortifications be put in repair. Orders for the precedence of the Council to remain unaltered, for summoning Captain John Ansell before the Council, and for the laying of the platforms at the Old Road. Agreed to appoint a committee of public accounts. [Col. Entry Bk., Vol. XLVIII., pp. 163–165, and pp. 219–221.]
Feb. 10.
1,623. Order of the King in Council. Referring the petition of Lieutenant Governor Hill of St. Christopher's asking leave to accept from the inhabitants a present of 48,000 lbs. of muscovado sugar, to Lords of Trade and Plantations for report. Signed, John Nicholas. ½p. [Col. Papers, Vol. LXII., No. 18, and Col. Entry Bk., Vol. XLVII., p. 293.]
Feb. 11.
1,624. Governor the Duke of Albemarle to Lords of Trade and Plantations. I think it will be truly necessary for the King's service to have always a considerable number of members of Council resident in the island. Sir Charles Modyford is dead, Colonel Cope is sick beyond hope of recovery, and sickness and other accidents have prevented several from attending, insomuch that once we had not members enough present to make a quorum, and the Council had to be postponed. Several times only the bare number of five has appeared, and that after long waiting. I hope that you have approved of Sir Henry Morgan and have represented him to the King as a fit man for the Council here, for the Council have recommended him to me as I have already told you. I also recommend Colonel Needham as in every way qualified, and hope by next return to have the King's consent to the admittance of both. I have not yet made any great alteration in the offices of this island, as I wish first to be satisfied that I shall improve them. Vessels have come in from the wreck since my arrival, and I have taken security from them for the payment of the King's moiety. Some Indians known by the name of "Musketa" Indians (whose country is called Cape Gratias de Dios, in latitude 15° 20' or thereabouts) have been here with me and have told me that they became subjects of King Charles I. and that they earnestly desired the King's protection or they must fall under the French or Dutch. I am told that the pirates Yankey and Jacobs have fallen upon a great Spanish ship in the bay of Honduras called the Hulke, and that they had been in sight of her twelve hours. If Yankey failed in this attempt he is ruined, for it is said that he was very ill provided before. Had I the honour of pardoning pirates, which formerly was usual here, I could have done the King good service. The Spaniards, who used to complain so much of pirates, have become encouragers of them, having taken the great pirate Bear into their service, while the French have taken Laurens into theirs. There is a merchant in Port Royal who possesses a wharf without a patent, the only wharf fit to careen the King's ships on. He had the impudence to refuse to let the Falcon be careened there, till I was forced to compel him, and since then I have entered an action against him on behalf of the King, and shall certainly recover the wharf. I beg you to move the King to grant it to me, and I will let it to a tenant who will always keep it fit for his Majesty's service. The Assembly will meet on the 16th inst., and I shall then be able to send you a fuller account. Signed, Albemarle. 2½pp. Endorsed. Read at the Council 25 May 1688. [Col. Papers, Vol. LXII., No. 19, and Col. Entry Bk., Vol. XXXII., pp. 83–87.]
Feb. 13. 1,625. Minutes of Council of New York. Peter de Riemer granted letters of administration for the estate of Elizabeth Graveratt. The cruiser to protect the whale oil recalled. [Col. Entry Bk., Vol. LXXV., p. 17.]
Feb. 14. 1,626. Minutes or Council of Jamaica. The Provost Marshal returned the writs for election of an Assembly. Names of the members. Sundry petitions considered. [Col. Entry Bk., Vol. XXXVI., pp. 193–194A.]
Feb. 14. 1,627. Governor Lord Howard of Effingham to the Earl of Sunderland. I hear that Captain Crofts has made great and grievous complaints against me that I had obstructed the King's captains in the execution of their duty and encouraged unlawful traders here, and am greatly surprised to hear that these aspersions had altered the King's good opinion of me and augmented his displeasure to the highest degree. On receipt of this news I at once summoned the Council and ordered the Surveyor General, Attorney General and Captain Allen to attend, the last named also to bring Captain Crofts, that he might then and there give particulars of the misdeeds of which he accused me. All duly attended except Captain Crofts, who refused to come, as Captain Allen informed me, notwithstanding my orders. But his absence was very fully supplied by copies sent me by your orders, which fortunately reached me on my way to the meeting. I have answered them fully and particularly, with proofs annexed, which I hope will suffice to acquit me. His allegations against me are made simply to cloak his own oppressions, which I have already reported to you, in the complaint of Mr. Martin. I beg only that his charges and my answers may be laid before the King, when I doubt not that his ill opinion of me will be changed, and that my justification may be announced to me as soon as possible. I have received the King's orders as to treasure brought from the wreck, and a letter from the Lords ordering the calling of an Assembly to pass a law prohibiting the exportation of bulk tobacco. I have communicated with the Government of Maryland on the subject. I recommend Colonel John Armestead for admission to the Council. when there is a vacancy. I enclose an address from myself and Council to the King on the declaration of indulgence. Signed, Effingham. Holograph. 2½pp. Endorsed. Recd. 21 May 88. Enclosed,
1,627. I. Address of the Governor and Council of Virginia to the King. Thanks for the declaration of indulgence. Large sheet. Endorsed. Recd. 21 May 88. Duplicate 27 April 88. Copy in Col. Entry Bk., Vol. LXXXIII., pp. 206, 207.
1,627. II. Extracts from several letters of Captains Allen and Crofts to Mr. Pepys, against Lord Howard of Effingham, with Lord Howard's answers to each complaint, in parallel columns. 4 pp. Recd. 7 April 88. Read before the Board 14 June 88.
1,627. III. Act of Virginia for laying an impost on liquors. 2 pp. Attached. Certificate of the clearing of the ship Richard of Bristol. 6 August 1685. Printed form.
1,627. IV. Certificate of John Loder of goods taken from him by Captain Crofts for clearance of his ship, 7 December 1685, 1 p.
1,627. V. Certificate of the entry of the ship Richard of Bristol, 15 February 1688. 1½ pp. Signed, Nicho. Spencer.
1,627. VI. Minutes of a General Court at Virginia, 27 October 1686. Order for the dismissal of the barque Seaflower, acquitted. 1½pp.
1,627. VII. Certificate of the collector of New York of the due entry of the sloop Catherine. Signed, Lucas Santen, 18 Nov. 1685. 1 p.
1,627. VIII. Record of judgment against the sloop Katherine, seized by the King's collector for breach of the Navigation Acts. 1½ pp.
1,627. IX. Lord Howard of Effingham to Captain Allen, R.N. 22 December 1685. Ordering him to deliver up the sloop Happy Return, seized by him, unless he has something more against her than he has already produced. Copy. 1 p.
1,627. X. Thomas Samways to ?. As to blackmail levied on his ship by Captain Crofts, R.N. 2 pp.
1,627. XI. Extract from a letter from the Surveyor General of Virginia to Lord Howard of Effingham, 15 June 1686. Respecting the blackmail levied by Captain Crofts, R.N., in John Loder. 1 p.
1,627. XII. Copy of a certificate which John Loder was paid to give Captain Crofts, that he had given him nothing for his discharge. Scrap.
1,627. XIII. Order of the Governor for Captain Crofts to attend the Council on complaint of William Martin, that Crofts had taken blackmail from his ship. Signed, Effingham. 1 p. Endorsed. Recd. 27 April 88.
1,627. XIV. Lord Howard of Effingham to Samuel Pepys. I am surprised that you should lend an ear to those patched and malicious informations of Captains Allen and Crofts, and even bring them before the King. They have given me some trouble, but I have cleared myself on every point in my answer to the King and Council. Not long since, Captain Allen's mistress or ward was delivered of a son on board his ship, whereby he was so elevated that he sent me word next day that he had a son and heir, which was presently christened with great solemnity. This is a great dishonour to the King's Government here, but Captain Allen thinks himself, or would be, more Governor than I. Pray represent my defence to the King. 1 p. Copy. Endorsed. Read 21 May 1688.
1,627. XV. A second and more minute answer to the complaints of Captain Crofts, arranged in parallel columns. Signed, Effingham. February 14, 1687–8. 8 large pp. [Col. Papers, Vol. LXII., Nos. 20, 20I.–XV., and without Enclosures), Col. Entry Bk., Vol. LXXXIII., pp. 198–203.]
Feb. 14. 1,628. Minutes of Council of Barbados. The King's letter of 6 December respecting indulgence to Quakers read. Orders issued accordingly. On the entreaty of the Assembly the Lieutenant Governor undertook to forward their address concerning the additional duty on sugar to the King. Copies of the addresses to the Governor and to the King. Act for impost on wines passed. [Col. Entry Bk., Vol. XII., p. 73.]
Feb. 15. 1,629. Journal of Lords of Trade and Plantations. Petition of the Lord Mayor, Sir John Shorter, and others for privilege to work mines in New England read. Mr. Wharton and others concerned were called in and told to bring their proposals.
Sir Nathaniel Johnson's letter of August 10 read (see No. 1,387). Agreed to recommend that he be allowed to receive the Assembly's present. Colonel Edward Powell's proposals read (see next abstract). The Lords agreed on their report (see No. 1,631) on the first and last articles. Article 2 to be referred to Lord Dartmouth, article 3 to the King's counsel, articles 4–6 to Sir Nathaniel Johnson, and article 8 to the Treasury.
The reports of the law officers as to unfree ships trading to Campeachy to be laid before the King (see No. 1,633).
Memorandum of documents sent and received. [Col. Entry Bk., Vol. CIX., pp. 128–133.]
[Feb. 15.] 1,630. "The humble representation of Edward Powell," Lieutenant Governor of Antigua. (1) That the King will confirm the Act for building St. John's Fort, as the planters and inhabitants will not build it unless compelled. (2) That he will give some guns and shot for arming it, as there is not a serviceable gun therein, and the country pleads incapacity of buying them when required. (3) That he will confirm the Act to confirm titles and void occult patents. (4) That he will repeal the Act for putting to death negroes who have run away for over three months, as it exhausts the King's revenue. (5) That he will enforce the Militia Act of Jamaica, which is stricter than that of Antigua, as the people cheerfully pay 50 lbs. of sugar rather than stand two hours in the sun. (6) That he will order a general survey, in order to validate new patents and those in the King's name, as those at present in force are informal, which will encourage people to sell large tracts of land at an easy rate, and so encourage settlers. (7) That the forteers (sic) may be named to be paid out of the first branch of the revenue, they being the only requisite and standing guards throughout the whole year. (8) That only two harbours, Falmouth and St. John, be allowed for shipping to ride in. (9) That a competence may be settled on Lieutenant Governors, whereby they may live without obligation to the people. (10) That the fees settled on the judges may be allowed, in order to encourage honest men to settle in the islands. Signed, Ed. Powell. 2 pp. Endorsed. Read at the Committee, 15 Feb. 1687–8. [Col. Papers, Vol. LXII., No. 21, and Col. Entry Bk., Vol. XLVII., pp. 288, 289.]
Feb. 15. 1,631. Lords of Trade and Plantations to the King. Recommending the confirmation of the Act for building a fort at St. John's and an order for the settling the fees of judges, as proposed by Colonel Edward Powell. [Col. Entry Bk., Vol. XLVII., p. 290.]
Feb. 15. 1,632. Order of Lords of Trade and Plantations. That the remainder of Colonel Powell's proposals be sent to Sir Nathaniel Johnson for his report. [Ibid., p. 291.]
[Feb. 15.] 1,633. Case of ships loading enumerated commodities in the plantations without giving bond. Inscribed on same sheet. The Attorney General's opinion on the case. Signed, T. Powys, 5 Jan. 1687. The whole, 3 pp. Endorsed. Read in Committee, 15 Feb. 1687–8. [Col. Papers, Vol. LXII., No. 22, and Col. Entry Bk., Vol. XXXII., pp. 12–18.]
[Feb. 15.] 1,634. Another copy of the same case, with the Solicitor General's opinion. Signed, Wi. Williams, 4 Jan. 1687. [Col. Papers, Vol. LXII., No. 23, and Col. Entry Bk., Vol. XXXII., pp. 18–20.]
Feb. 16. 1,635. Minutes of Council of Jamaica. The Assembly attended and presented Samuel Bernard as their speaker, who was approved. The Duke's speech, and heads of the King's proposals to the Assembly. Clerks of the Council sworn. Colonel Walker moved an address of thanks to his Grace for his condescension in accepting the Government of the island, which was agreed to.
Feb. 17. Message from the Assembly thanking the Governor for his speech. At the Assembly's request the writs of election were delivered to them. The Assembly asked that one whom they had chosen for their clerk might be sworn, but his Grace asked first for the minutes of Assembly, and appointed a committee to peruse them. His Grace called attention to omissions in the minutes, and asked that they might be supplied. He then sent a message to the Assembly that he did not disapprove their choice of a clerk, but wished to join another clerk to him. Address of the Council to the Duke of Albemarle.
Feb. 18. The committee for examining the minutes of Assembly reported that Lord Carlisle had insisted on appointing a clerk to the Assembly himself. Message from the Assembly asking that the clerk of their choice might be sworn, and that the minutes be redelivered to them. His Grace answered that though it was his undoubted right to appoint a clerk to the Assembly, he would admit their clerk and join another with him. The Attorney General carried the message. Journals of the Assembly returned to them. [Col. Entry Bk., Vol. XXXVI., pp. 195–198.]
Feb. 17.
1,636. Order of the King in Council. Report of Lords of Trade and Plantations, recommending that permission be given to Sir Nathaniel Johnson to accept the grant of 160,000 lbs. of sugar made to him by St. Christopher's and Nevis. Dated 15 February 1688. Ordered accordingly. Signed, John Nicholas. [Col. Entry Bk., Vol. XLVII., pp. 278, 279.]
Feb. 18. 1,637. Minutes of Council of New York. Trial of Symon Grover for breach of the Acts of Trade. [Col. Entry Bk., Vol. LXXV., pp. 17, 18.]
Feb. 19.
1,638. Governor Dongan to the Earl of Sunderland. When the King's orders reached my hands, a father and another gentleman were here who came along with Mr. Macgregory from the Governor of Canada. They would not agree to demolish the fort at Niagara nor to restore the goods, alleging that it was set up by the French King's direction, and that they had no order to pull it down. All their drift was to gain a truce for fifteen months and that the matters in difference might be referred home for decision. On this I called the chiefs of the Five Nations now with me together, and asked their opinion. They unanimously agree to consent to nothing until their demands were complied with, desiring also that the goods taken from them might be returned and another fort that lies in the way of their beaver hunting broken down, "for," (say they) "we are in prison so long as they are standing." They wished further that the fort at Cadaraqui might be destroyed, saying that the French had no right to it, that it was only given to Lasalle to keep a man there to dress the arms as they came in from hunting, and that the French have since built a fort there. As to Niagara they have not the least pretence of right to it, beyond that a poor Frenchman once went there to trade with the Indians. They may have the like pretence to all these parts of America for they do the like almost everywhere. As for the Ottawas and the tribes that wear pipes through their noses, they have traded at this town ever since it was settled, more than sixty years ago. I enclose copies of all that has passed between the father and me, and of the Indians' opinion. They are now fast with us, and are very considerable. We must keep them so, or they will ruin all the King's Colonies in these parts. Notwithstanding all the French sent to Canada, they are not to be kept out of it. The Indians have delivered over some of their prisoners, and I have sent them to the father in exchange for some of our Indians captured by them. If it were agreed that all things should be left as they were at the time of the last treaty sent over to me, that the goods taken on both sides should be restored, and the prisoners, both in Europe and in Canada, sent back, then a cessation ought to be made for two years, in which time commissions might be sent from both Crowns to view the country and decide the limits; otherwise the French will have much the advantage of us, for they know the country better. In the last treaty the French copy says that the "savages" are not to be assisted, which word they lay hold of, being a general expression. The English copy says "wild Indians," distinguishing, as I conceive, between those who submit to government and those who do not, which does not touch our Indians, who from time to time have submitted to the King's sovereignty.
I have been here all the winter with four hundred foot, fifty horse and eight hundred Indians. Neither the French nor their Indians have molested us as yet. We are at great expense, and, as I have often writ you, the Government cannot support itself as it is, to say nothing of this extraordinary expense. When I come to New York to impose another tax on the people I am afraid that they will desert the province for other Colonies. You can judge for yourself how far £3,000 will go in supporting a Colony which has both a French and an Indian frontier. Yet that is all that this revenue amounted to last year, as my next accounts will show. Moreover, the charges will now be much increased, for we must build forts on the great lake as the French do, or we shall lose the country, the beaver trade and our Indians. The French priest asked leave for their missionaries to go and live among them again, by which I find they make religion a stalking-horse to establish their claims. When I refused him, he answered with great heat that the French King had sent over 800,000 livres for the prosecution of this war, which if half of it had been expended on the Indians, would have gained them all to the French side, so I believe they will leave no stone unturned to get them. Peace or war, there must always be four or five hundred men to hold the forts, and secure the Indians, the beaver trade, and our just rights. This cannot be done without money. Were the Jerseys annexed to us, they would not bring us in £100 a year nor fifty men in case of need. East Jersey, it is true, is convenient for us to preserve what revenue we have. If any of the neighbouring Colonies should have war with the French or Indians, this Colony must be the bulwark to Boston, which has ten times the revenue of New York, and not a quarter of the charge. Connecticut is added [to New England] by the fraud of the Governor and the clerk, unknown to the rest of the General Court, and for one that wishes it as it is there are a hundred who wish it annexed to New York. What I write you is true; it is the misfortune of this Government that it cannot keep a solicitor at Court like other Colonies. My salary is less than that of any other Governor, yet my expense is greater. I have not had £600 of perquisites since I assumed the Government, and I am daily engaging my credit for the King's and the country's service. I beg that the King will consider this. I am glad of the King's orders to the other Colonies to assist me, else I think I should be denied by all as I have been already by some. Signed, Tho. Dongan. 4 pp. Endorsed. Recd. 28 May 88, Read 14 June, Enclosed,
1,638. I. Colonel Dongan's first paper of demands to the French agents, 3 February 1688. 1. For the restoration of the arms and goods taken from Messrs. Macgregory and Roseboom in May 1687. 2. For the fort of Niagara and any other forts built on the lands of the Five Nations since 6–16 November 1686 to be demolished. 3. That all Indians prisoners, whether in Canada or in France, be restored. 4. That, in a word, the French Governor restore all things to the condition in which they stood at the making of the Treaty of Neutrality. Copy. 2½pp. Endorsed. Recd. 28 May 88.
1,638. II. First paper of the French agents to Governor Dongan, 4–14 February 1688. We, though sent to negotiate have been very ill treated by English Indians on our journey; and before answering any proposals we demand satisfaction for this insult, alike to the Governors of Canada and of New York. The messengers sent with us declared that the Indians acted against their will and consent, but the Indians themselves said that they acted by Governor Dongan's orders. We have also reason to fear still worse treatment on our return. Unless this injury be repaired, we cannot believe that Governor Dongan would better have repaired the injuries done by the Senecas to Canada, if demanded of him, though he has often complained that he knows nothing of them. Signed, Franciscus Vaillant, Soc. Jesu, Elambert Dumont. 1½ pp. Endorsed as the preceding.
1,638. III. Colonel Dongan's second paper to the French agents, February 1688. It is true that I propounded peace to the Governor of Canada. I am very sorry that you have been abused by Indians; I promised you ten days ago that your goods should be restored and the Indians punished, and I shall fulfil it. On enquiry I find that Mr. Macgregory does not believe that the Indians said any such thing as you say. If you produce your authority I will give you satisfaction; otherwise I must think that the statement proceeds wholly from yourself. Signed, Tho. Dongan. 1 p. Endorsed as the preceding.
1,638. IV. Second paper of the French agents to Governor Dongan. Mons. Dumont heard the Indians use the words I attributed to them. Now as to your proposals. 1. Macgregory and his companions were trading on French territory, and they came with a pass from the Governor of New York. Therefore, by the 5th article of the Treaty of Neutrality, their goods were justly confiscated; and it is useless to plead the 3rd article in the contrary sense. Yet, though the French had not violated the treaty, the same messenger who brought the copy of the treaty sent by Governor Dongan to the Governor of Canada, promised to furnish the Indians at war with France with arms and ammunition. This is contrary to the 3rd article, which admits of no distinction between "Indians" and "wild Indians," so the Governor of Canada had a right to arrest Macgregory. He was only kept close prisoner because he threatened to run through a captain, while on duty, with his sword. 2. The Indians detained in our forts were captured as enemies, or taken first to prevent them from giving intelligence of the French march, and subsequently detained as enemies. 3. We do not acknowledge the land in which Niagara stands to be English, nor the Sencas to be English subjects, but only rebels against the French. As to our war with the Senceas, it would have been prevented if Governor Dongan had ordered them to restore their Ottawa captives and come and make peace with us. I propose on my side: 1. That the questions of demolishing the fort, restoring the goods, and adjusting the boundaries, be referred to Europe. 2. That time be given to call all the Indians together, at least fifteen months. and that a general peace be made. 3. That there be a cessation of arms on both sides, and that no English Indians attack French Indians. 4. Within this time we shall receive the decision of the questions referred home. 5. That all Indian prisoners from Montreal be restored, in return for which an equal number shall be released from Canada and France. 6. If, before the questions referred home be decided, any English Indians molest French Indians, the French shall have the right to aid their Indians with arms and ammunition, but Governor Dongan shall not give the like assistance to the English Indians. Signed, Franciscus Vaillant, Elambert Dumont. Copy. 4 pp. Endorsed as the preceding.
1,638. V. Governor Dongan's third paper to the French agents, February 1688. You tell me that Mons. Dumont heard the Indians use the words about me. If so, I believe him, but my word ought to be taken against any Indians. I cannot admit the bearing of the 5th article on Macgregory's case, for I do not allow the Ottawas to be French subjects. Macgregory was not found trading, but waylaid and plundered, eight days' journey from the Ottawas. Thank you for reminding me that the treaty had not reached me when Macgregory started. In that case the French had no right to arrest them or take their goods; and I therefore demand restitution. Again, they were arrested before they were on Canadian territory. My offering our Indians help with arms and ammunition is not so strange as the Governor of Canada's invasion of English territory in time of peace. I must insist on the distinction between wild Indians and subject Indians. As for Macgregory, he was taken long before the French came near the Senecas' country; and as to his affront to the French captain, I believe that it must have been given under extraordinary provocation. Your justification of your capture of Indian prisoners turns against yourself. You say that it was to conceal the march of your army, and at the same time you affirm that they went to war with you at my instigation. The Indians were taken three months before I came here, and those whom you pretend to have made war with you only came against you in November last. You demand that the question of boundaries be referred home. I consent, provided that Niagara fort be destroyed, the captured goods restored, the Indians released, the Indians in France delivered to the English ambassador, and the Christian Indians of the Five Nations now detained in a fort in Canada set at liberty. This is my final resolution. The Ottawas have already been sent home by my order, and the prisoners here shall be released as soon as my demands are acceded to. Signed, Tho. Dongan. 4 pp. Endorsed as the preceding.
1,638. VI. Third paper of the French agents to Governor Dongan, 9–19 February 1688. Governor Dongan claims the right to send Macgregory to the Ottawas, as he does not admit them to be French subjects. We claim the selfsame right to erect the fort at Niagara, not acknowledging the Indians there to be English subjects. Wherever Macgregory was arrested he was on his way to French territory, as is proved by his pass, and by his visit to Lake Huron for trade in the previous year. The distinction between wild Indians and subject Indians was early repudiated. Governor Dongan finds that my last paper contains a contradiction of myself, but he is wrong about his dates. Now as to your demands. Niagara cannot be demolished without the French King's order, nor can it be safely done before a general peace. As to restitution of goods, the treaty provides that such disputes should be referred to Europe. As to Christian Indians detained in Canada, there are none; perhaps you wish the French garrison to be withdrawn and for those Indians to be left undefended to their enemies. I repeat to you my former proposals. Signed, Franciscus Vaillant, Soc. Jesu, Elambert Dumont. 4 pp. Endorsed as the preceding.
1,638. VII. Governor Dongan's fourth paper to the French agents. I believe it lawful for me to send to the Ottawas, but do not think it just for the Governor of Canada to build a fort at Niagara or to make war on English subjects. If the sheep's fleece be the thing in dispute, pray let the King of England have part of it, and let me remind you that God sends his blessings with what is well got. As to anything in the treaty concerning Macgregory's case I have already answered you sufficiently. I find your cause very bad, or you would not catch at every word you hear to justify yourselves. You have contradicted yourselves again, for in one of your papers you tell me the Indians began the war with you. and in the next that you had the right to begin the war with them. I can correct your dates for you also still further, to shew that you were the aggressors. The Christian Indians for whom I asked are English subjects, and would return to us were they not guarded. Indians, subjects of England, now here, ask me to demand of you as the rightful owners the land which you have taken at Cadaraqui. I hear that you maintain that the French King might have a title to this province, Virginia, Maryland and Carolina, because some rivers that run through them rise in the Canadian lakes. He might as well pretend to all the countries that drink claret and brandy. Let the Governor of Canada do justice, and that is the way to propagate the Catholic faith. Signed, Tho. Dongan. 2 pp. Endorsed as the preceding.
1,638. VIII. Fourth paper of the French agents to Governor Dongan, 15–25 February 1688. If you want a part of the sheep's fleece, it shall be granted to you, with the French King's consent, for it is to the Kings that the treaty provides that disputes shall be referred. No doubt you have referred some of the questions at issue to your King, but you did not put the true issues of territory and of subjects before him. You are wrong about my fresh contradictions of myself, and I never made any such claim of Virginia, Maryland and other Colonies, as you impute to me. I demand now only that all controversies shall be referred to Europe. A cessation of arms should be unconditional, or it is a peace, and you make demands which we could only grant on being reduced to extremity. If war ensue because the Indians refuse to make peace except on condition that the captives be released, it will be an unjust war. If Niagara be the difficulty I pledge that it shall be destroyed at the conclusion of the general peace fifteen months hence. As to restitution of the confiscated goods you can indemnify yourself by recovering two hundred beaver skins wrongfully taken by the Senecas from the French. We shall return home joyfully if you agree to this; if not, God must judge between us. Signed, Franciscus Vaillant, Soc. Jesu. 3½pp. Endorsed as the preceding.
1,638. IX. Governor Dongan's last paper to the French agents. I agree to refer everything home, provided that things be restored to their condition when the Treaty of Neutrality was signed. As to the Five Nations not being English subjects, they themselves are the best judges. If you make war upon any part of this Government you make war upon the whole. As to the Christian Indians whom you detain, I think it would be just to let those go who wish to return here, and let the rest stay with you in God's name. I have sent my King a full report of the Governor of Canada's proceedings. I neither threaten nor desire war, but I cannot sit still and see English subjects attacked and their houses burnt. I will have satisfaction to the uttermost farthing for what has been taken, and if the Sencecas owe you two hundred beaver-skins they shall pay you. The Indians now with me desire you to demolish the forts of Cadaraqui and Tircksarondia, and to deliver up certain captives whose names I give you. Signed, Tho. Dongan. 2½ pp. Endorsed as the preceding.
1,638. X. Governor Dongan to the Governor of Canada, 17 February 1688. I received yours by Father Vaillant and Mons. Dumont. I am heartily sorry that by some accident they were abused and robbed by some drunken Indians on their journey down. Satisfaction shall be given and the offenders shall be punished. I know not what powers you gave to these two persons, but we have come to no conclusion, which surprises me, for I ask only for the destruction of Niagara fort, the restitution of what has been taken from Christians and Indians, and the release of all prisoners from Canada and France. I, on my part, shall keep our Indians in order, and I promise that the Senecas shall pay you the beaver skins they owe you. If you had orders to build a fort on English territory it must have been by a mistake; do not let it cause a misunderstanding between our masters. I adhere to my proposals still, but I think it hard that you should be both a party and a judge. I send eight prisoners to you to be exchanged for eight of ours. Signed, Tho. Dongan. 2¼ pp. Endorsed as the preceding.
1,638. XI. Propositions of Governor Dongan to the Six Nations. The King of England has sent me full orders to protect you, but meanwhile the Governor of Canada has sent two envoys to treat with me. I made certain demands of them, and they answer that they took your prisoners to conceal their march, that they look upon you as rebels, and that the fort of Niagara is to secure their people from you. Now I leave it to you whether you will continue the war or consent to the cessation for fifteen months, fort Niagara standing meanwhile. 2 pp. Endorsed as the preceding.
1,638. XII. Answer of the Six Nations to Governor Dongan, 13 February, 1688. Our hearty thanks to you. The French have no right to any of our lands towards the Ottawas. If their title be good, our title to the whole of Canada is good. We are the rightful owners of the lands to which they pretend, and we have granted them to the King of England. We repeat our demands for the demolition of the forts, the restitution of goods, and release of prisoners and of Christian Indians. If the war must be continued, be it on the French Governor's head. Their forts must be demolished or we shall be deprived of our beaver hunting. We leave the whole business to your Excellency. Signed, Robt. Livingstone. 3¼ pp. Endorsed as the preceding.
1,638. XIII. Governor Dongan's answer to the Six Nations, 13 February 1688. I have written very kind things of you to my master. You know that he joins with you and will be at vast expense if the war goes on, so let us while we are all together link the covenant chain so fast that no man can break it, so that none shall go to war without consent of all, and none make peace but by consent of all. 1 p. Endorsed as the preceding.
1,638. XIV. Additional propositions of the Six Nations to Governor Dongan, 16 February 1688. Thanks for intelligence of the progress of negotiations. We leave all in your hands. We have been time out of mind English subjects; let the French remove their forts at Niagara and Cadaraqui. We see not through the cessation for fifteen months; it is only to blind us. As to repaying the two hundred beaver skins, we are at war, but we will do it if the French restore our goods and prisoners. As to the exchange of prisoners we should like it in forty days. Replied: The Governor thanks them for referring all to him. 1¼ pp. Endorsed as the preceding. The whole of these enclosures are printed in New York Documents III., pp. 519–536. Abstract of the negotiations is in Col. Entry Bk., Vol. LXII., pp. 20–24. [Col. Papers, Vol. LXII., Nos. 24, 24I.–XIV.]
Feb. 20.
1,639. Governor Sir Nathaniel Johnson to Lords of Trade and Plantations. Our crop is extremely backward and likely to be small, so ships have been scarce and I unable to write. The King's circular of 13 October as to pirates has been published. I have also received the King's orders as to the wreck. The first ship that went to it from these seas was a sloop from Antigua, but I heard nothing of it till it returned, nor did the Lieutenant Governors give me any information of it, as was their duty, so I could take no security from the adventures, though they have since promised to answer the King's demands. They landed what their brought in the night, so I cannot ascertain its value except by their oaths, which I have deferred until Mr. Constable or his deputy shall arrive. Since then two other ships have gone from these islands to the wreck, which were sent out at great expense, but arrived only three days before Sir John Narborough, and were only just beginning to fish when they were forbidden to come near the wreck. They have done nothing but lose money, but I have taken security from them as ordered. I have received your letter of 18 May, and have published the King's declaration for liberty of conscience, also your letters of 18 June and 30 July. Mr. Carpenter and Mr. Carpenter and Mr. Belchamber will doubtless inform the Commissioners of Customs as to the letter, and being also factors of the African Company will give you an account of my zeal in putting down an interloper. Having no man-of-war to seize her I manned a merchant vessel for the purpose, but she escaped. I also arrested a barque which was said to be bound for Jamaica, but she was acquitted after a fair trial.
Several petitions have been presented to me by the poorer inhabitants and by all the settlers in Anguilla and Tortola for liberty to go and settle on Crab Island. Those at Anguilla want water, and have suffered much of late from droughts. They produce nothing which pays revenue to the King, and those at Tortola are liable every day to be delivered up to the Dutch by the King's orders, so that they will make no improvements. The people here are daily leaving us for want of subsistence. I have deferred reply to their petition till I have the King's orders, as Crab Island is so close to Porto Rico, though it is a good island and of larger extent than any of them. If the King would permit me I should like to take the frigate and our forces here, and settle our people there. There would be no breach of the peace with Spain, for I design no attack on the Spaniards, but simply to defend ourselves in maintaining the King's just rights. On the 2nd inst. Lord Mordaunt passed by here with three great ships, and sailed in the evening to the old roadstead at St. Christopher's. I had, at the same time, information of two more men-of-war and two fire-ships that passed to leeward of the island. Not knowing what they were, and as they anchored close to us, I kept the island under arms all night. Next day my lord sent me word to say that he only wanted wood and water, and was bound for the wreck, which he thought was as free to him as to Sir John Narborough. I have heard no more of him since, but whether this be a veil to hide some other design I know not; but I was unable either to send Sir John Wood or to reinforce him if there had been occasion. I shall strictly obey the royal orders as to the King's revenue, but it will be a work of some time to take exact accounts of it.
Daily complaints are made to me by French Protestants who have fled from their islands to ours, and on their bended knees beg the King to grant them the mercy which he grants to their brethren in England. I do not harbour refugees who have fled because of debt or of crime; but one of these Protestants, who was redelivered to the French by the Governor of Nevis in my absence, was no sooner in their hands than they hanged him in St. Christoper's. I am therefore granting them my protection till I know the King's pleasure, and if I might be allowed to grant them letters of denizenation they would be of great advantage for settling and strengthening these islands, which are not one third as well peopled as they were some vears ago. I am about preparing a list of the population, both white and black, this being the time when the levy is made for the public charges. Signed, N. Johnson. 5½ pp. Endorsed. Recd. 4 May 1688. Read same day and 6 July 1688. [Col. Papers, Vol. LXII., No. 25, and Col. Entry Bk., Vol. XLVII., pp. 296–300.]
Feb. 20. 1,640. Minutes of Council of Jamaica. Adjourned till tomorrow morning.
Feb. 21. Message to the Assembly for a joint committee to draw up an address to the King. Business of the fairs and markets considered, and the parties referred to their legal remedy. Message
Feb. 22. from the Assembly asking for the attendance of the Provost Marshal. Acts for lodging the minutes of Assembly and for ascertaining qualifications of jurors read.
Feb. 23. Jurors' Act read a second time. Message from the Assembly as to the joint address to the King. Copy of the address.
Feb. 24. Order for Francis Hanson and Richard Willis to be brought before the Council to-morrow, to answer for contempt of its orders. The Duke apprised the Council that he was warned from England of a design of the Dutch upon Sir John Narborough's fleet at the wreck, that the King had reinforced Sir John, and desired him to go and take command, on which last point he desired the advice of the Council. The Council unanimously begged him not to go. Lieutenant Governor Molesworth asked for a copy of the King's letter of 8 December as to the security to be given by him before leaving Jamaica.
Feb. 25. Message from the Assembly proposing to adjourn. The Duke refused to adjourn it till later than Monday week. Francis Hanson and Richard Willis ordered to find security to take their trial for disobedience of the Council's orders. [Col. Entry Bk., Vol. XXXVI., pp. 198A–202.]
Feb. 21. 1,641. Minutes of Council of Barbados. On the petition of Captain Ralph Wren of H.M.S. Mary Rose, setting forth that he lay under suspicion of murder, of which crime he declared himself innocent, a special commission was ordered for trial of the case. [Col. Entry Bk., Vol. XII., p. 79.]
Feb. 21.
1,642. The King to the Governor of Barbados. A commission having been appointed to decide all disputes with France as to boundaries in America, all hostilities between French and English in America, are to cease until the 1–11 January 1689. Countersigned, Sunderland. [Col. Entry Bk., Vol. VII., pp. 438, 439.]
Feb. 22. 1,643. Journal of Lords and Trade and Plantations. Lord Culpeper's petition read (see No. 1,594). The Lords agreed on their report, see April 10.
Sir Timothy Thornhill's appeal heard and dismissed.
Memorandum of documents sent and received. [Col. Entry Bk., Vol. CIX., pp. 134–141.]
Feb. 24. 1,644. Orders of the King in Council. Confirming the Act of Antigua for erecting a fort on the north side of St. John's harbour, and approving the fees of judges appointed by Lieutenant Governor Powell. [Col. Entry Bk., Vol. XLVIII., pp. 58–62.]
Feb. 25.
1,645. William Blathwayt to Henry Guy. Forwarding copy of Colonel Powell's proposal as to ports in Antigua for consideration of the Lords of the Treasury (see No. 1,630). [Col. Entry Bk., Vol. XLVII., p. 291.]
Feb. 27. 1,646. Minutes of Council of Jamaica. His Grace announced that he proposed to appoint Mr. Roger Elletson Chief Justice. Colonel Bourden thereupon resigned his place as assistant judge. The Duke ordered the commission to be made out for others in lieu of colonel Bourden. [Col. Entry Bk., Vol. XXXVI., p. 204.]
Feb. 27. 1,647. Minutes of Council of New York. Petition of Elias Doughty and others for a special court to try William Jones, reserved till the Governor's return. [Col. Entry Bk., Vol. LXXV., p. 19.]
Feb. 28. 1,648. Minutes of Council of Maryland. Letter from Colonel George Wells reporting the murder of an Englishman by Indians. Order for Colonel Wells to make further enquiry to ascertain to what tribe the Indians belong, and to use no force, but to ask for the murderers peaceably. [Col. Entry Bk., Vol. LIV., pp. 135–137.]
Feb. 28.
1,649. Colonel Hender Molesworth to Lords of the Treasury. These will shew you an account of what I received for the King's tenths of all plate or money brought into this port from the wreck near Hispaniola before the arrival of the Duke of Albemarle. No orders had been issued as to the matter in my time, so I collected these tenths by advice of the Council on the precedent of the King, who, we hear, took the tenths from Sir William Phips as Sir William did from the Bermuda man who was fishing at the wreck. Our lawyers and law-books could give us no better rule, and neither myself nor any of the Council were concerned in the vessels that went to the wreck, so we acted according to the best of our judgment. However, the Duke of Albemarle has lately required me to give security in a hundred thousand pounds to answer for the half of what was imported here during my government, though the King's letter seems to import no more than an intended favour to the owners of a pink that was gone to the wreck, with a recital of a non obstante to all former orders to the contrary. Three days ago I asked the Duke to give me in writing what the condition of my bond is to be, which he promised to do; but instead thereof he sent me word yesterday that I must produce my security in three days. I went and told him that this was very short warning for so great a sum, the town being very empty of people; besides which he had not given me the conditions of the bond in writing, which was absolutely necessary. To prevent all suspicion of my leaving the island before security was given I offered in Council to enter into recognisances in twenty thousand pounds, which was accepted by the Duke. So if the bond shall be the usual one, that I shall surrender myself to one of the Secretaries of State and not go until I shall have given such further security as is demanded, 1 doubt not that I shall be able to give all that is required of me. In this case, if I proceed on my voyage I shall have to bring the King's tenths with me, so I hope the King will either be content to run the same risk of person and estate as I, or order the same to be insured. I embark on a good merchantman, there being no frigate. If the Duke cramp me with conditions to which I cannot answer I shall consider myself his prisoner until the King relieve me. The ten per cent. deducted from the account is the usual commission to the receive-general. Pray consider all the hardship to which I am subjected when you bring the matter before the King. Signed, Hder. Molesworth. Holograph. 3 pp. Endorsed. Recd. 28 May 1688. Enclosed,
1,649. I. Copy of a recognizance in £20,000 offered to Colonel Molesworth by Roger Elletson. 1 p. Endorsed. [Col. Papers, Vol. LXII., Nos. 26, 26I.]
Feb. 29. 1,650. Minutes of Council of Jamaica. The conditions of Colonel Molesworth's security referred to the Chief Justice and Attorney General. Order for discharge of two prisoners detained by Richard Willis. [Col. Entry Bk., Vol. XXXVI., pp. 204, 204A.]
Feb. 1,651. Names of the Assembly of Jamaica chosen in January and February 1688.
St. Ann's Whitgift Aylemore.
William Drax.
St. Mary's Andrew Langley.
Andrew Orgill.
St. James James Bradshaw
Charles Sadler.
St. George Edward Broughton.
Henry Archbold.
St. Thomas in the Vale George Nedham.
Roger Elletson.
St. John's Fulke Rose.
Thomas Ayscough.
St. Andrew's John Barneby.
Ralph Knight.
Port Royal. Thomas Clarke.
Charles Knight.
William Hutchinson.
Port St. Thomas Edward Staunton.
Anthony Swymmer.
St. David's Thomas Ryves.
George Harvey.
St. Elizabeth's Robert Scott.
Christopher Senior.
St. Dorothy's John Mohum.
James Banister.
Clarendon. John Towers.
John Peeke.
Vere Francis Blackmore.
John Heathcott.
St. Jago de la Vega. Ballard.
1 p. [Col. Papers, Vol. LXII., No, 27.]