America and West Indies: May 1688

Pages 539-550

Calendar of State Papers Colonial, America and West Indies: Volume 12 1685-1688 and Addenda 1653-1687. Originally published by Her Majesty's Stationery Office, London, 1899.

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May 1688

May 1. Address to the Governor. We do not think ourselves under any obligation to give help to New York, because there are other nearer Colonies to whom the King has given the same orders; the danger does not seem to be pressing, and we have ourselves been put to great expense lately for preparations against the Indians.
May 2. The Committee of Grievances reported as to the fee of 38lbs. of tobacco taken by the secretary. Message from the Governor, pointing out that it is the Colony's duty to help New York, and that New York is in great peril. Address to the Governor complaining of the fee charged by the secretary's clerk, and asking for his order that it be abolished. A second address, begging time to accept their former reasons against helping New York as good. A third address, asking for the revised collection of the laws.
May 3. Address to the Governor, asking for the prosecution of Colonel William Fitzhugh by the Attorney General. Message from the Governor. I send the revised laws, in accordance with your request. I must defer my answer as to the fees of the secretary's clerk. Address to the Governor, discussing and deprecating the King's repeal by proclamation of a repealing Act.
May 4. Message from the Governor, informing the House that the prosecution of William Fitzhugh shall be proceeded with at once. The Governor summoned the House to the Council Chamber and made a speech, expressing his disappointment that nothing had been done towards accomplishing the business which he had recommended to them, and recommending also the passing of a law concerning ports.
May 7. Message from the House sending up a bill concerning ports already passed, and asking for the letters of the Commissions of Customs on that subject and on the proposed restriction of planting tobacco. The Governor consented. Resolved to address the Governor as to the fees taken for the use of the great seal. Message from the Council, deprecating the Assembly's address as to repeal by royal proclamation. Message from the Governor defending such repeal at length.
May 8. Several bills considered. Address to the Governor. We have the bill as to bulk tobacco still under consideration, and we think the law to restrict planting of tobacco a good law; we send up a bill concerning ports. Message from the Governor. I have enquired as to the fees taken by the secretary's clerk for recording patents. I think the work very necessary, and do not think that the secretary and his clerk should be expected to do it for nothing. Messages of the Council as to two bills sent up by the burgesses objecting to both. [Col. Entry Bk., Vol. LXXXV., pp. 525–570.]
May 1. 1,730. Minutes of Council of Virginia. Order for transmission of £500, to be taken from the quit-rents, to New York, for the carrying on of the war against the French. Representation of the Council as to Indian lands at Pamunkey Neck. Order for a representation to the King of the encorachments of the Governor of Carolina on Currahtuck (see two following abstracts). [Col. Entry Bk., Vol. LXXXIV., pp. 276–289.]
May 1. 1,731. Extract from the minutes of Council of Virginia. Representing to the King that large tracts of land, notably at Pamunkey Neck, were formerly made over to Indians, which Indians are so dwindled in numbers that they make little or no use of the land, and invite the attacks of foreign Indians; that these Indians have petitioned that English may be allowed to settle in Pamunkey Neck and on the south side of Blackwater to give them protection. The Council hopes that the King will consent to the grant of the petition. Copy. 2 pp. [Col. Papers, Vol. LXII., No. 57, and Col. Entry Bk., Vol. LXXXIII., pp. 222–224.]
May 1. 1,732. Representation of the Council of Virginia to the King. The public peace of the county has been threatened by the violent action of some officers of North Carolina, who have extended their bounds far within the anciently reputed and known southern boundary of Virginia. Our southern boundary has always been latitude 36°, and land to that limit has been granted out by us for more than forty years past. The settlers peacefully enjoyed their land as inhabitants of Virginia, till in 1680 Carolina laid claim to a small tract lying near Currahtuck and Blackwater. Lord Culpeper protested, and there was no more trouble until the present year, when the people of North Carolina have levied distress upon several people who hold their land by patents from this Government, and have carried off their goods. Unless relieved these poor people will be ruined. We beg, therefore, that the King will protect them, and that our bounds may not be narrowed. If the lands in question were made over to Carolina the King's revenue of tobacco would suffer much, as vessels could pass into the river Currahtuck unobserved, and carry off as much tobacco as they pleased, without paying dues. We beg for your orders for ascertaining our boundaries. [Col. Entry Bk., Vol. LXXXIII., pp. 225–228.]
May 2.
1,733. Governor the Duke of Albemarle to Lords of Trade and Plantations. I have daily complaints of the Biscayans, who take all ships that they can overcome, carry them into Spanish ports, use the men barbarously, and at best make them slaves. Having a commission from the King of Spain they say that no Spanish Governor has authority over them. There are now six English vessels, captured by them, at Vera Cruz. I hear also that Beare, the pirate, is there. The enclosed depositions will show you what the Biscayans are, and I beg for instructions how I am to act towards them, and what measures I am to take to suppress them. Meanwhile I shall do my best to recover the distressed English subjects who have fallen into their hands, The very Spanish Governors have complained to me of them. Signed, Albemarle. 1 p. Endorsed. Recd. 20 July 1688. Enclosed,
1,733. I. Deposition of Richard Wade. That he saw six English ships at Vera Cruz, which he was told had been captured by the Spaniards, and heard there were sixty English subjects prisoners there. Sworn 1 May, 1688. ½ p. Endorsed. Recd. 20 July 1688.
1,733. II. Deposition of Joseph Parrott. In September 1686 when sailing from Barbados to Salt Tortugas, deponent's ship, the Loving Land, was taken by three Biscayans who forced him to go on board one of them, put him in irons, and sold his ship. He was kept in irons ashore at Vera Cruz, but contrived to escape, and applied to the Governor of Vera Cruz for satisfaction, but was told that he must go for satisfaction to old Spain. He was therefore forced to sustain himself by slavish work, until an English ship came in and enabled him to escape. There are from sixty to eighty English prisoners at Vera Cruz who have been there some of them seven on eight years, and are most inhumanly used. While he was on board the Biscayans took five sloops and another English ship. Sworn 1 May 1688. 4 pp.
1,733. III. Deposition of John Facknald. Deponent sailed with Captain Beare, who had a commission from the Governor of Nevis, but afterwards accepted one from the Governor of Havana. The Englishmen then refused to sail with him, but Beare embarked about seventy Spaniards, put it to the choice of the English to go with him, or go to prison. Beare made several piratical captures after this and took his prizes into Havana. Sworn 1 May 1688 3 pp. Endorsed. Recd. 20 July 1688. [Col. Papers Vol. LXII., Nos. 58, 58I.–III., and (letter only), Col Entry Bk., Vol. XXXII., pp. 116–117.]
May 3. 1,734. Minutes of Council of Jamaica. Petition of the French pirates against Mr. Lynch, for imprisoning them, read. Mr. Lynch said that the petitioners continued to lead disorderly lives and that he had arrested them by the Duke's warrant. Mr. Kelly the Provost Marshal, deposed that the gaol was so full that he had been obliged to put them in irons. Mr. Lynch's deputation from Sir Robert Holmes read. Petition of Philip Howard, a minor, through Sir Henry Morgan and Roger Elletson, read praying for half the profits of the Government from Sir Thomas Lynch's death to Sir Philip Howard's death. Colonel Molesworth said that he knew of no order bidding him account to Sir Philip Howard or his assigns for this money. [Col. Entry Bk., Vol. XXXVI., pp. 225–226A.]
May 3. 1,735. Minutes of Council of New York. Resolved that [Illegible] new levy be raised of £2,556, to be paid by all the freeholders The Attorney General to draw up an act accordingly. Danie Whithead's action against John Young and Isaac Arnold dismissed with costs. Order for Isaac Arnold to be commissioned King's surveyor for the county of Suffolk. [Col. Entry Bk., Vol. LXXV., pp. 40–43.]
May 3. 1,736. Lieutenant Governor Stede to [William Blathwayt]. I shall be careful to suffer no acts of hostility against the French. nor shall I again drive them from St. Vincent, St. Lucia and Dominica. Their claim to hunt, fish and cut wood is an usurpation, but looking to the terms of the Treaty of Neutrality I shall take no further notice of their doings until I receive the King's orders. I have never used violence to them, but they have violently opposed and ill-treated us. Extract. 1 p. Endorsed. [Col. Papers, Vol. LXII., No. 59.]
May 4. 1,737. Journal of Lords of Trade and Plantations. The petition of the Proprietors of East New Jersey referred to the Attorney General (see No. 1,690).
The Lords agreed in their report on Sir Nathaniel Johnson's letter of 10 August (see No. 1,742). Colonel Hill's petition for leave to accept a present from the Assembly read. Agreed to recommend that it be granted. Sir Nathaniel Johnson's letter of 20 February read. The Lords agreed on their report (see No. 1,741). Mr. Blathwayt to prepare an account of Crab Island.
Petition of Richard Scott of Barbados read. The Lords agreed on their report (see No. 1,739).
Memorandum of documents sent and received. [Col. Entry Bk., Vol. CIX., pp. 148–154.]
May 4. 1,738. Draft of a minute referring the proposals of the Proprietors of East New Jersey to the Attorney General. ½ p. [Col. Papers, Vol. LXII., No. 60.]
May 4.
1,739. Order of the King in Council. On the report of the Lords of Trade and Plantations, ordered that such sums of money as have been paid in Barbados by Richard Scott, his testator or his sureties, shall be repaid to him. [Col. Entry Bk., Vol. VII., pp. 460, 461.]
May 4. 1,740. Memorandum by William Blathwayt as to Crab Island. Crab Island is about four leagues distant from the eastern end of Porto Rico, and is one of the Virgin Islands. It may be for the King's service that it should be settled and fortified, provided it be without cost to the King, which will be a great expense to the undertakers, as the Spaniards also claim the island. It seems inadvisable for the King to permit the island to be settled unless good means of defence are provided against the Spaniards. [Col. Entry Bk., Vol. XLVII., p. 325.]
May 4.
1,741. Lords of Trade and Plantations to the King. Recommending orders to Sir Nathaniel Johnson to protect all French Protestants that shall come and settle under his Government; and that upon his sending in their names from time to time, letters of denizenation may be granted. [Col. Entry Bk., Vol, XLVII., p. 301.]
May 4. 1,742. Order of the King in Council. Report of Lords of Trade and Plantations. That it was resolved to advise that eighteen months' pay be sent to the two foot companies at St. Christopher's, on receipt of which they should be disbanded, and two other companies sent from England. Ordered accordingly. Signed, Wm. Bridgeman. [Col. Entry Bk., Vol. XLVII., pp. 318, 319.]
May 4.
1,743. Order of the King in Council. Permitting the acceptance by Colonel Thomas Hill of a present of 48,000 lbs. of sugar, made him by the island of St. Christopher. Signed, Wm. Bridgeman. [Col. Entry Bk., Vol. XLVII., pp. 294, 295.]
May 6. 1,744. Minutes of Council of New York. Resolved that the Governor go to Albany at once, that two or three men be sent to the Indian villages to watch the motions of the French, and that the Governor take his own measures for sending or not sending for the Boston troops.
May 7. Order for a message to be sent to Minismiko to order them to send their young men to Albany to join with the Six Nations against the French, and that the young Indians be ordered up to the war with all speed. [Col. Entry Bk., Vol. LXXV., pp. 43, 44.]
May 7. 1,745. Order of Governor Sir Edmund Andros. Forbidding any persons to settle or trade in the territory within the eastern part of the territory west of the St. Croix without a licence. Copy. ½ p. Endorsed. Recd. 22 August, 1688. [Col. Papers, Vol. LXII., No. 61.]
May 7. 1,746. Minutes of Council of Jamaica. Petition of Thomas Churchill setting forth that St. Jago del Castillo had procured a manifesto for the Archbishop of Cuba prejudicial to the royal prerogative. Castillo ordered to be detained in custody till the King's pleasure be known. Masters of sloops from the wreck ordered to pay their moiety to the King, and on their refusing, because they had already divided the profits with their men, it was ordered that they have no passes given to them to leave the island, and that the Attorney General shall prosecute them. Order for the witnesses as to Captain Spragge's proceedings at New Providence to give their evidence in writing, and for copies to be delivered to Captain Spragge. Order for payment to the Provost Marshal for the building of the gaol. [Col. Entry Bk., Vol. XXXVI., pp. 226A–227A.]
May 9. 1,747. Minutes of Council of Jamaica. Order for the goods of St. Jago del Castillo to be seized, he having fled the island. Evidence given as to the publication of the Archbishop of Cuba's manifesto in his chapel. The masters of sloops being willing to pay the moiety of their treasure from the wreck to the King, were ordered to deliver it to Mr. Constable. [Col. Entry Bk., Vol., XXXVI., pp. 227A, 228.]
May 9. 1,748. Minutes of Assembly of Virginia. Address of the burgesses to the Governor, asking him to prevent the exaction of unreasonable fees from merchants and traders. Message from the Council recommending delay in passing the Ports Bill until the King's pleasure on the last Ports Bill, now before him, be known. Message from the Governor, calling the attention of the burgesses again to the matters first submitted to them at their meeting, and proposing a conference between the Council and Assembly. Message from the burgesses to the Council, deploring their attitude towards the address as to the repeal by proclamation. Report of the Committee on Grievances, with resolutions against repeal by royal proclamation, the taking of fees for the use of the great seal, the fees for the recording of patents, and the failure to account to the Assembly for fines and forfeitures. Message to the Council asking for help in preparing a joint address to the Governor as to the grievances aforesaid.
May 10. Bill to prohibit the export of bulk tobacco rejected. Message from the Governor defending officers against the charge of extorting excessive fees. Message from the Council declining to concur in a joint address with the burgesses. Address of the burgesses to the Governor undertaking to make good the charge of extortionate exaction of fees.
May 11. Message from the Council to the burgesses asking for an account of the grievances on which they desire to present a joint address. Address of the burgesses to the Governor begging for appointment of a joint committee to examine the collection of revised laws. Another address from the burgesses to the Governor, giving reasons against a bill for prohibiting the export of bulk tobacco as contrary to the interest both of the King and of Virginia. Message of the burgesses to the Council proposing a free conference for an address on grievances.
May 12. Message from the Council to the burgesses, refusing to concur in a joint address as to grievances since the details of the grievances are withheld, and censuring the burgesses' quarrels with the repeal by proclamation, fees for use of the great seal, escheators' fees, and the method of accounting for fines and forfeitures. Resolved that the answer is unsatisfactory. Messages from the Council and from the Governor to the burgesses as to the rejection of the conference. Petition to the King drawn up. Message from the Governor requiring the attendance of the burgesses. Speech of the Governor dissolving the Assembly. [Col. Entry Bk., Vol. LXXXIV., pp. 570–614.]
1,749. Duplicates of the minutes of Assembly, April 24 to May 12. [Col. Entry Bk., Vol. LXXXIV., pp. 427–497.]
May 11. 1,750. Minutes of Council of New York. Order that no trees be cut down or girdled near any high roads, but that trees by the high ways be preserved for protection against the weather. John Cavilliar, the messenger, brought up his account, and was allowed £6 for his expenses. Sundry petitions considered. Answer of the town of Brencklin to the town of Flatbush read. Commissioners appointed to mark out the boundary between the two towns. [Col. Entry Bk., Vol. LXXV., pp. 44–47.]
May 11.
1,751. A letter from Paris concerning Mons. de Lasalle. I do not know if you saw a score of Englishmen who were sent from Rochelle after being brought over from Canada. I am sure they will give a good account of their treatment by us. No news of Lasalle since he was left with 150 men and every description of arms and stores by the mouth of the Mississippi. He had met with little when the King's ship left him. As it is three years since he was heard of, he was believed to have been lost, especially as search had been made for him in vain. Now, however, there is news at Cadiz of 150 Frenchmen, under the King's commission, giving trouble towards New Biscay, that the viceroy of Mexico had sent an armed force to drive them away, and that he had surprised them. It is quite possible that he should be in such a position, and could send no news of himself for want of a ship. He had over a year's provisions when last seen, and had entrenched himself and built shelter for his stores for some expedition unknown. French. 3 pp. Copy. [Col. Papers, Vol. LXII., No. 62.]
May 11.
1,752. Proclamation of Governor Sir Robert Robinson, appointing a day of fasting and humiliation. Large sheet. Endorsed. [Col. Papers, Vol. LXII., No. 63.]
May 11.
1,753. Governor the Duke of Albemarle to Lords of Trade and Plantations. On two several occasions fifty-six pirates, all French except three, came into Port Royal, whose goods were seized as soon as possible, while they themselves are in prison in irons. This will deter others. Those now in confinement have petitioned for leave to send to Petit Guavos for their commissions, and they say further that, commission or no commission, they will be content to be hanged if they have ever injured an English subject. I could not refuse their petition, but if the French Governor claims these prisoners I shall be at a great loss, for on the one hand there is the King's proclamation against pirates, and on the other the Treaty of Neutrality. A naturalised Spaniard, Sen?or St. Jago, has carried on a most impudent transaction here. He produced a foreign ecclesiastical power from the Bishop of Cuba or Chapter of St. Christopher, which the Council judged to be an infringement of the royal prerogative, and an obstruction of Dr. Churchill's function. I enclose a true copy of St. Jago's power, and a narrative of the transactions that have followed on Dr. Churchill's complaint. I beg for instructions. I have removed the Attorney General and the Provost Marshal, who lies under a great many crimes besides this last. The Attorney General has acted not only contrary to my orders but as a knave to the King. One of the Council has done the same, and is not at all fit for the place, as we shall have only a bare quorum left. I again beg for powers to appoint Councillors. Colonel Molesworth sails for England to-morrow, having given me a bond of £5,000 to be determined before the King in Council concerning the dispute between us as to the moiety of the perquisites, etc. He says that he feels sure of the whole, and that he ought not to pay any part of it. I doubt not that you will do me right. Signed, Albemarle. 1½ pp. Endorsed. Recd. 23 July 1688. Enclosed,
1,753. I. Copy of the letter of St. Jago del Castillo to the Archbishop of Cuba. 17–27 April 1688. Spanish. 3 pp.
1,753. II. Copy of the letter from the Bishop of Cuba to Santiago del Castillo. Certified by Castillo himself, 7 May 1688. Spanish. 2½ pp.
1,753. III. Relation of proceedings against St. Jago del Castillo. The Governor in Council was petitioned by Father Thomas Churchill that St. Jago del Castillo had surreptitiously obtained from the Bishop of Cuba or Chapter of St. Christopher's a foreign ecclesiastical power, to the prejudice of the royal prerogative. It was therefore ordered that the Provost Marshal should secure St. Jago until he had given security not to leave the island until the King's pleasure should be known. The order was signed and given to the Provost Marshal that night. The Provost Marshal might have been at Port Royal, where St. Jago lived, without an effort, by six o'clock next morning. St. Jago was publicly about the streets till ten o'clock, yet was not secured by the Marshal all that day or night. On the day again following Smith Kelly, the Provost Marshal, had the impudence to come to the Governor and acquaint him that the Attorney General, Simon Musgrave, had advised him to consult his Grace whether he might break open any door, St. Jago being in his own house. His Grace told Kelly he was indeed a pretty Attorney General that sent him on such errands on such an occasion and at such a time, but that since he was come he would give him a power, which he did. That very night St. Jago sailed away in a sloop of his own, doubtless not without the knowledge, if not by the advice and consent, of the Attorney General and Provost Marshal. Next day the Governor ordered St. Jago's estate to be secured. Copy. 1 p. Endorsed. Recd. 23 July 1688. [Col. Papers, Vol. LXII., Nos. 64, 64I.–III., and (letter only), Col. Entry Bk., Vol. XXXII., pp. 118–122.]
[May.] 1,754. The case of Smith Kelly, late Provost Marshal of Jamaica, and of St. Jago del Castillo stated. Father Churchill, chief pastor of the Catholic English in Jamaica, arrived there in January 1687 with the King's instructions to me [the Duke of Albemarle] to encourage and countenance him and such of his persuasion as were recommended by him, and no other. I accordingly did so, but a short time after the father had settled himself he thought it right to call together his congregation to establish rules and orders therein. In the performance of this he met with much obstruction, for one St. Jago del Castillo, a Spaniard, believed that the father had no authority to reform or regulate anything ecclesiastic here, and therefore violently opposed him, openly declaring that the King of England had no ecclesiastical jurisdiction in Jamaica, but that it was dependent on the Bishop of Cuba, from whom he would soon obtain a quietus for Father Churchill. He accordingly despatched messengers to Cuba and with abundance of solicitation procured a manifesto from the Chapter of Cuba against Father Churchill and his proceedings. This manifesto asserted that the King had no ecclesiastical jurisdiction in Jamaica, that Father Churchill's power was void, and his proceedings erroneous, with very contemptuous expressions conducing to the introduction of foreign authority into the island and very much derogatory to the King's dignity. St. Jago del Castillo published this document at his house, and avowed it. I thereupon called a Council and summoned St. Jago to answer, when he confessed the publication; and the matter being proved also by others, he was required to give security to answer the charge on the King's pleasure being known. He refused, and a warrant was then issued to Smith Kelly, the Provost Marshal, to arrest him. Kelly gave St. Jago private notice of the proceedings against him, so that St. Jago had an opportunity of escaping. This being proved, as well as several other charges of extortion and oppression, I suspended him, and appointed a substitute until the patentee should appoint another deputy. Kelly not only refused to acknowledge his suspension, but seized and imprisoned the substitute whom I had nominated, and declined to hand over to him the records. He was then summoned before the Council, but did not appear, and it is now said that he is fled from the island. 2 pp. Endorsed. Recd. 25 July 1688 from the D. of Albemarle. [Col. Papers, Vol. LXII., No. 65.]
May 12. 1,755. Minutes of Council of Virginia. The attitude of the Assembly as to the proposed conference respecting the act for restraining the planting of tobacco considered. The Council resolved that it would be better that the Assembly should be dissolved. [Col. Entry Bk., Vol. LXXXIV., pp. 289–292.]
May 14. 1,756. Copy of an Act of New Jersey to raise a penny per pound upon estates for the assistance of New York. 8 pp. Endorsed. Recd. 20 Sept. 1689. [Col. Papers, Vol. LXII., No. 66.]
May 15. 1,757. Sir John Witham to [William Blathwayt]. I know from my own knowledge that Mr. Chamberlain's estate is heavily encumbered, and I have seen his quarrelsome and drunken humour here in England. ¼ p. Annexed,
1,757. I. Sir John Witham's reasons against the admission of Mr. Willoughby Chamberlain to the Council of Barbados. Chamberlain is deeply in debt, and has boasted that he will defeat his creditors by getting into the Council. He is quarrelsome and drunk almost every night, and will sometimes beat the ordinary sort of people within danger of their lives. 1 p. Copies. [Col. Papers, Vol. LXII., Nos. 67, 67I.]
May 15. 1,758. Minutes of Council of Barbados. The King's letter of 22 January concerning pirates read. Order for the proclamation to be published. Also was read the King's letter respecting the Treaty of Neutrality. The Assembly brought up bills to continue expiring Acts, for the better governing of servants and for confirming the lease of Fontabelle, which were passed into Acts. Order for payments for fortifications, and of gunners' wages, and for rebate of duties. George Lillington sworn of the Council. [Col. Entry Bk., Vol. XII., pp. 85–89.]
May 16. 1,759. Minutes of Council of Jamaica. The Attorney General, Sir Richard Dereham, sworn to keep the secrets of the Council. His Grace informed the Council that Mr. Lynch, having taken several French privateers, was about to leave the island without trying them. Mr. Lynch being told that it would be convenient to try them, answered that he awaited the King's orders. Charles Sadler, being believed to be privy to Castillo's escape, was ordered to give security not to leave the island without permission for twelve months. Orders concerning accounts, and for survey of the King's house at Port Royal. [Col. Entry Bk., Vol. XXXVI., pp. 228A, 229.]
May 17.
1,760. The Secretary of Virginia to the Earl of Sunderland. God be thanked, all is peaceable and quiet here. Being free from alarm of Indians, everyone is driving on for a crop, though the present drought gives little prospect of one. We have not had a drop of rain worth mentioning since March, whereby all sorts of English grain will suffer much, and Indian corn hardly makes an appearance out of the ground. Unless we have much rain within a fortnight, there will be a scarcity of grain. I must give you an account of the late meeting, I wish I could say sessions, of the Assembly, convened principally to pass an Act prohibiting the export of bulk tobacco. The Governor recommended the measure, not doubting of ready compliance, since the King suffered the matter to be dealt with by Act instead of using the royal prerogative to forbid such export. This was the first matter given into their hands, the last being the repeal of the Act of 1686 restraining the planting of tobacco after the 30th of June. Some bills were also prepared, but few of moment, and such as were of moment were fully provided for in the revised collection of laws which was sent to the burgesses for their consideration and concurrence. This most necessary work was not considered, for debates of grievances jostled out all matters of importance, and the Governor, finding the law as to bulk tobacco set aside, and that the burgesses were in error as to the law to restrain planting, proposed a conference between the Council and burgesses. He hoped that in a free conference heats might be laid aside and a good understanding arrived at. The burgesses, however, returned him no answer until two days before their dissolution, and the conference then desired by the burgesses was on grievances, which were duly set forth in writing, with such grievous and bitter expressions that no success could be expected; and the conference was therefore declined in the hope that a little time would allay these heats and jars and make room for moderation. The grievance first insisted on was a royal proclamation repealing a law concerning attorneys, passed in 1682. The question was raised whether a law made by an Assembly in the Colonies could be repealed by proclamation, but this point was only lightly and indirectly touched. The other question was whether, when a law was made by a former Assembly, and repealed by a subsequent Assembly, and the repealing law repealed by royal proclamation, the original law was restored to force. The Council's opinion was that it was restored. The next grievance was the fee of 200 lbs. of tobacco demanded for the seal affixed to patents and other public documents by the Governor. The principal argument employed in favour of the fee was taken from the words of the Governor's commission, authorising him to keep and use the seal. The Governor looks upon the fee as a perquisite. If the King would decide what the fee shall be it would heal all disputes. The next grievance was the fees demanded by the master of the escheat office. This appears to be not an unprecedented fee and not unreasonable, as the officer has often to go fifty miles from home. The next grievance was a small fee of thirty pounds of tobacco charged by my clerk for recording surveys of lands, which though approved most necessary, was excepted against because it is laid down by order of the Governor and Council. I would submit that the record of surveys is so necessary that no patent of land should be issued except from that foundation, and that so small a fee, worth not above seven or eight pounds sterling in the year, is no country grievance. To me it is a matter of so small advantage, that, but for the order of the Governor and Council, I should not put my clerk to so much writing for so small a consideration. The last grievance was that fines and forfeitures ought to be accounted for to the Assembly and applied to the payment of the Government's expenses. It was answered that all fines and forfeitures are of right in the Crown, and that if the King vouchsafe to appropriate them to the use of the Government it should be to such uses as he shall appoint. The fines and forfeitures are returned to the Attorney General, and by him to the auditor, but the receipts are so small that they will go but a little way towards defraying the expenses of Government. Signed, Nicho. Spencer. 5 pp. Endorsed. Recd. 3 July. Read 19 July 88. Enclosed,
1,760. I. Order of the Governor and Council for a fee of 30 Ibs. of tobacco to be paid to the secretary for record of surveys. Copy. 1 p. [Col. Papers, Vol. LXII., Nos. 68, 68I., and Col. Entry Bk., Vol. LXXXIII., pp. 214–222.]
May 21. 1,761. Minutes of Council of Jamaica. Order for a return of Justices of the Peace and of persons fit to be added to the commission. Report on the state of King's house read. [Col. Entry Bk., Vol. XXXVI, pp. 229, 229A.]
May 25. 1,762. Journal of Lords of Trade and Plantations. Duke of Albemarle's letter of 11 February read (see No. 1,624). Colonel Needham to be recommended for the Council; the French and Spanish ambassadors to be written to about the entertainment of pirates by the French and Spaniards in the West Indies. The Duke of Albemarle's letter of 6 March read (see No. 1,656). Agreed to recommend that Colonel Bourden's suspension be confirmed.
The address from the Council and Assembly of Barbados as to the new impost on sugar read (see No. 1,661III.), and referred to the Treasury. Colonel Stede's letter of March 10 read (see No. 1,661), and his proceedings approved.
Memorandum of despatches sent and received. [Col. Entry Bk., Vol. CIX., pp. 155–160.]
May 25.
1,763. William Blathwayt to Henry Guy. Forwarding the address of the Council and Assembly of Barbados respecting the new duty on sugar (see No. 1,661III.), to the Lords of the Treasury for report. [Col. Entry Bk., Vol. VII., p. 468.]
May 27. 1,764. Memorandum. Lieutenant Governor Stede's letter of 10 March (see No. 1,661) having been brought before the King at the Lord President's office, his Majesty approved his proceedings in relation to the Quakers. [Col. Entry Bk., Vol. VII., p. 461.]
May 30. 1,765. Journal of Lords of Trade and Plantations. The Duke of Albemarle's letter of 6 March read. Colonel Molesworth's petition read (see next abstract). The Lords agreed on their report thereon (see No. 1,770). [Col. Entry Bk., Vol. CIX., pp. 161–162.]
[May 30.] 1,766. Petition of Colonel Hender Molesworth to Lords of Trade and Plantations. On the Duke of Albemarle's arrival I was going home on leave, it being provided that, on giving security for £5,000 to answer all disputes as to half salary and perquisites, I should be allowed to go. The Duke, however, by persuasion of some ?1 instruments, requires security for £100,000, and on a bond which I consider unreasonable. I beg that the case may be represented to the King, and that I may be no longer detained. Inscribed and endorsed. Read 30 May. 1 p. [Col. Papers, Vol. LXII., No. 68A, and Col. Entry Bk., Vol. XXXII., pp. 94, 95.]
May 31. 1,767. Minutes of Council of Nevis. The Governor proposed the strengthening of the forts, as a war either with France or Holland was apprehended next spring. [Col. Entry Bk., Vol. XLVIII., p. 168.]
May 31.
1,768. Lieutenant Governor Hill to Lords of Trade and Plantations. Enclosing depositions [missing] as to depredations wrought by Spanish pirates. Signed, Tho Hill. ½ p. Endorsed. Read 30 July 1686. [Col. Papers, Vol. LXII., No. 69, and Col. Entry Bk., Vol. XLVII., p. 327.]