BHO

America and West Indies: January 1683

Pages 367-379

Calendar of State Papers Colonial, America and West Indies: Volume 11, 1681-1685. Originally published by Her Majesty's Stationery Office, London, 1898.

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January 1683

Jan. 4.
St. James'.
880. Sir John Werden to the Lord Register of Scotland. I am directed to ask further explanation of the proposal in your letter of 21st ultimo (ante, No. 862), that is, whether the proprietors of East New Jersey desire to join with New York as heretofore, send representations to the Assembly and share the expense of Government, or whether they desire to have their government held in New Jersey by charter of the Duke of York. Also is "under the Duke's protection" to be understood only of the Duke's confirmation of their rights and possessions there as derived from Sir George Carteret's grant? Pray appoint some fit person empowered to answer such objections as may be laid before him. Printed in New York Documents, Vol. III., p. 330. [Col. Entry Bk., Vol. LXX., p. 40.]
Jan. 4.
St. James'.
881. Sir John Werden to Lieutenant Brockholes. The Duke has appointed Colonel Thomas Dongan to be Governor of New York. Printed in New York Documents, Vol. III., p. 330. [Col. Entry Bk., Vol. LXX., p. 41.]
Jan. 6.
Whitehall.
882. William Blathwayt to Henry Guy. My Lords desire the opinion of the Commissioners of Customs on an Act of Jamaica, wherein certain fees are allowed for the entry and clearance of ships, and other things relating to the trade of the Island. Draft. ½ p. [Col. Papers, Vol. L., No. 1, and Col. Entry Bk., Vol. XXX., pp. 91, 92.]
Jan. 10. 883. Petition of James Guiball and other French gentlemen to the King. We are Protestant refugees. We beg for free passage and provisions for fifteen men in one of the ships bound for America. We are unable without assistance to go to Virginia and earn our bread and found a new Colony. We beg also immunity for seven years from taxes or impositions on lands that we may cultivate there. Signed, Guiball, [Abraham] Audouy, J[acob] Baillergeau, Dumont, I[saac] Veyrel, D[aniel] Bernard, [Theophile] Morin, P[aul] de Rosemond, [Henry] Delaplace. 1 p. Inscribed and endorsed. Read in Council 10 Jan. 1682–83. Read at Committee 20 Jan. 1682–83. Recommended to the Governor of Jamaica. [Col. Papers, Vol. L., No. 2.]
Jan. 10.
Whitehall.
884. Order of the King in Council. Referring the foregoing petition to the Lords of Trade and Plantations for report. [Col. Entry Bk., Vol. XCVII., p. 92.]
Jan. 10.
New Hampshire.
885. Governor Cranfield to Lords of Trade and Plantations. My last was from Boston, where I spent time enough to pry into some of the secrets of the faction. Upon my dealing plainly with them in reference to their affairs at Court they told me that they had deserved the King's displeasure by their passion and precipitation, and that if a quo warranto were brought against their charter they would be at no further charge to make defence, but must make full submission to the King. If the King should send a quo warranto to Mr. Randolph, and show the governor, magistrates, and General Court that with one hand and a general pardon with the other, I have good assurance from both parties that without further trouble they will swallow all that is in my commission. It is absolutely necessary that the Governor shall have power to place or displace preachers. They have so much influence and are so turbulent that I shall not be able to govern even this small place without that power. I beg that my Commission of Admiralty may be immediately enlarged to include all the coast from Kennebec in Maine to Fairfield in Connecticut, in order to prevent interlopers from prohibited ports, also that I may be empowered to grant passes to all ships that sail from these parts, to secure them against the Algerines. There is no clause in my commission for raising taxes for the support of Government, which I beg may be declared in these words, "for support and maintenance of the Governor and Government," for the Assembly would otherwise construe it as referring only to the support of the Government, without any relation to my subsistence; for I find these people very critical in all their words and expressions, and ready to take every advantage against the royal prerogative. There are several Scotsmen here, who live here, and are great interlopers, and bring in quantities of goods from Scotland. I beg for the Attorney-General's opinion whether a Scotsman born can be permitted to inhabit and trade as a merchant or factor. They pretend a right thereto as born within the allegiance of the King, but I conceive that the Act of 12 Car. II. gives them no such privilege. Mr. Randolph will have given you an account of the Scotch vessel which was seized here. Mr. Mason expected the people to have turned tenants to him at his first arrival, but he now finds the perverse temper of some of them who are influenced by Waldern and Moody, whom at my first coming I charitably judged to be better men than I now think them. These men have persuaded them that the King can give a final judgment against them without a preliminary trial on the spot, as directed by the King's letter to the Bostoners, which these his stubborn opposers depend on. All this is only to gain time, and I am therefore of opinion that an order should be directed to me to admit of trials between Mason and the terre-tenants as in the Boston Colony, and then they will come to his terms rather than be at the charge and trouble of defending a bad title and answering his appeals in England. As to other matters in Boston Mr. Randolph, who knows the humour of the people, can doubtless inform you. He has had great difficulties, but they will soon be over, if he have the same assistance in other places as I shall be able to give him when my Commission of Admiralty is enlarged. The Assembly is sitting, but I doubt my ability to induce them to provide for myself and for the Government. It is essential for myself and the Council to have power to raise money to the extent of 1,000l. a year by excise. Signed, Edw. Cranfield. 3½ pp. Endorsed. Recd. 10 May. [Col. Papers, Vol. L., No. 3.]
Jan. 10. 886. Duplicate of foregoing, similarly endorsed. [Col. Papers, Vol. L., No. 4.]
Jan. 10. 887. Minutes of Council of Virginia. Lord Culpeper communicated certain of his instructions. Order for proclamation requiring justices and churchwardens to return abstracts of their parish levies. Ordered, that Somerset Davies, John Cockin, Richard Baily, and Bartholomew Austin, be committed for treason and tried at the next General Court. List of three charges of misusing records and of disobedience that can be proved against Robert Beverley.
Jan. 11. Colonel William Byrd sworn of the Council. The Governor informed the Council that the King expected of them an account of the country since August 1680, an account of its present state, and recommendations for the future. The Governor communicated his instructions respecting foreign coin. Order for proclamation that the value of pieces of eight is to be six shillings, and of smaller pieces in proportion. Order for survey of stores and hiring a war vessel. Proclamation for enforcement of certain laws. [Col. Entry Bk., Vol. LXXXIV., pp. 153–155.]
Jan. 12. 888. Journal of Lords of Trade and Plantations. Sir Thomas Lynch's letter of 8th October read (see No. 745), with the Act of Impost and an Act for soliciting the affairs of the Islands enclosed therewith, with which the Lords were much satisfied. Acts of Jamaica proceeded with and approved; one to be amended; those respecting quit-rents, militia, and maintenance of the militia, referred to the Attorney-General. Mem.—List of Bills received from Barbados, and of other documents received from Jamaica. [Col. Entry Bk., Vol. CVII., pp. 97–100.]
Jan. 12.
Council
Chamber.
889. William Blathwayt to the Attorney-General. Transmitting copies of the Jamaican Acts for quit-rents, for the militia, and for the ministers, together with the Lord Keeper's drafts of a Bill touching the laws of England, for his opinion and report. [Col. Entry Bk., Vol. XXX., pp. 101–102.]
Jan. 12.
Whitehall.
890. Order of the King in Council. A petition was read from Christopher Jeaffreson setting forth as follows. The King bountifully allowed 1,500l. to be distributed in equal portions for the building of forts in St. Christophers, Nevis, Montserrat, and Antigua, which encouraged the inhabitants to build a strong fort at Cleverley's Point, St. Christophers, which is so far advanced that it will shortly be a refuge to all in case of need. The Island, however, is sadly in need of guns, ammunition, and arms, which it begs the King to furnish and send out by His Majesty's ship Francis. Ordered, that the whole matter be referred to the Lords of Trade and Plantations for their report. Signed, Philip Lloyd. 1 p. Endorsed. Recd. 16 Jan. 1682–83. Read 8 March 1682–83. [Col. Papers, Vol. L., No. 5, and Col. Entry Bk., Vol. XLVII., p. 79.]
[Jan. 12.] 891. Petition of the Royal African Company to the King. In November 1680 the planters of Jamaica complained that we furnished them with an insufficient supply of negroes, and at too high prices. The Lords of Trade examined the case, heard both sides, and found that a vast debt, greater than the planters could pay, was due to use for negroes. We submitted to accept a reasonable price, and finally, by your Order in Council, it was settled that we should furnish a sufficient supply of negroes at 18l. a head, to be paid in six months. A law has accordingly been passed in Jamaica fixing that price by law, and making the planters judge in their own cause as to what negroes are merchantable, to our great prejudice. So that we are unable to continue that trade for the following reasons: (1.) Light Spanish money passes in Jamaica without any determined weight, and is every day introduced lighter and lighter. Hence the price of all sugars and commodities out there is high, though it is fallen all over Europe. Hence we now lose on our returns from Jamaica one third part. (2.) Negroes were formerly procurable at reasonable rates on the coast of Guinea, but the price is now so much raised by the number of interloping ships, that they stand in more than one-third more than they did some years since. (3.) The ships freighted being usually paid a part of their freight in negroes, the commanders and owners of ships employed are so discouraged that very many of them absolutely refuse to go to Jamaica. This proves the two reasons above. We therefore beg to be released from the conditions of the Order in Council, and that the Act limiting the price and allotment of negroes in Jamaica may be not suffered to pass. Copy. 1½ pp. [Col. Papers, Vol. L., No. 6.]
Jan. 12.
Whitehall.
892. Order of the King in Council. Referring the petition of the Royal African Company to the Lords of Trade and Plantations for their report (see preceding abstract). Signed, Philip Lloyd ½ p. Inscribed and endorsed. Recd. 15 Jan. 1683. Also a memo. recording the ultimate decision of 14th Feb. [Col. Papers, Vol. L., No. 7, and Col. Entry Bk., Vol. XXX., pp. 102–103.]
Jan. 15.
Whitehall.
893. Order of the King in Council. That Sir Thomas Lynch be instructed to send home Captain Heywood, R.N., in safe custody, to answer for the loss of His Majesty's ship Norwich. [Col. Entry Bk., Vol. XCIX., p. 189.]
Jan. 15.
Whitehall.
894. Order of the King in Council. That the Governors take care in future that no King's ships be laden with merchandise; also that they do not try naval officers by court-martial, but collect the necessary evidence and send it home for their trial there. [Col. Entry Bk., Vol. XCIX., pp. 189, 190, and Vol. LXXXII., p. 92.]
Jan. 18. 895. Journal of Lords of Trade and Plantations. Mr. Cranfield's letter of 28th [23rd] October read (see No. 756). The Lords order the case of the Province of Maine to be fully stated.
Mr. Randolph's letter of 7th August 1682 read (see No. 645). Ordered, that it be abstracted together with that of 13th November (see No. 781), and referred to the Boston agents for reply.
Petition of James Guiball read (see No. 883). The Lords notice that their exemption from payment of quit-rents which they desire will be prejudicial to the King and of small benefit to them.
Sir Thomas Lynch's letter of 29th August read. Ordered, that the accounts received from Jamaica of the fortifications and stores be forthwith sent to Lord Dartmouth. The Attorney-General to be consulted as to the disfavour of judges and juries towards the seizure of interlopers. Sir T. Lynch's correspondence with Governor Clarke read. The Lords are of opinion that the clause of the patent of the Bahamas does not justify Clarke's commission to Coxon. The Attorney-General to consider the charter of the Bahamas, and report whether it or some part of it can be voided by scire facias. Secretary Jenkins to ask Lord Craven what further has been done in respect of Governor Clarke. Lord Nottingham to be requested to attend next meeting and report as to the number of frigates in the West Indies. Relation of Jonas Clough read (see No. 303). Agreed to move the King to obtain the release of the prisoners from the Court of Spain.
The State of Tobago to be considered, and some reasons found for vacating the Duke of Courland's pretentions thereto. [Col. Entry Bk., Vol. CVII., pp. 101–105.]
Jan. 18.
Council
Chamber.
896. William Blathwayt to the Master of the Ordnance. Forwarding copies of all papers received from Jamaica respecting forts and stores. [Col. Entry Bk., Vol. XXX., p. 104.]
Jan. 18.
Council
Chamber.
897. William Blathwayt to the Attorney-General. Referring an extract from Sir Thomas Lynch's despatch of 29th August 1682 (ante, No. 668) respecting interlopers; for his opinion (see post, No. 908). [Col. Entry Bk., Vol. XXX., p. 104.]
Jan. 18.
Council
Chamber.
898. William Blathwayt to William Freeman. A petition has been received from Mons. de Chambré, from which it appears that you or your father were concerned in the plantation to which the complaint refers (see ante, No. 866). I enclose copy of the petition for your reply. If you find yourself concerned therein, I have several other papers from the petitioner about the same business, which are open to your inspection. Draft. 1 p. Endorsed. [Col. Papers, Vol. L., No. 8.]
Jan, 19. 899. William Freeman to William Blathwayt. Many thanks for yours of yesterday. The estate referred to was my father's, for which he never received one penny of satisfaction. De Chambré has enjoyed it to this day. The rent, I suppose, may have been stopped on account of my recent addresses to Sir William Stapleton. The estate was bequeathed to my younger brother, who is just come out of France with the object of addressing the King on the subject, so that nothing can be more desired than a fair hearing of the case before the King and Council or the Committee. I hope to see you at Whitehall to-morrow at ten o'clock. Signed. 1 p. Endorsed. [Col. Papers, Vol. L., No. 9.]
Jan. 19.
Whitehall.
900. Order of the King in Council. A report was read concerning the barbarous usage of several English prisoners by the Spaniards in the West Indies, as attested by Jonas Clough (see ante, No. 303). Ordered that Sir Leoline Jenkins press the Spanish Ambassador for the liberation of these prisoners, and instruct Sir Thomas Lynch to use his best endeavours for the same end. Signed, Phi. Lloyd. ½ p. Endorsed. [Col. Papers, Vol. L., No. 10, and Col. Entry Bk., Vol. XXX., pp. 104–105.]
Jan. 19. 901. Duplicate of the foregoing; and a copy unsigned. [Col. Papers, Vol. L., Nos. 11, 12.]
Jan. 19.
St. Jago de la
Vega.
902. Minutes of Council of Jamaica. Roger Ellitson summoned for his speech at the last Quarter Sessions recommending the euforcement of penal laws against dissenters. Resolved that he did maliciously and irregularly move the Judges thereto. Ordered, that he be bound over to good behaviour, and that he enter into recognisances to appear at the next Grand Court, when the Attorney-General will prosecute him. [Col. Entry Bk., Vol. XXXVI., p. 13, 13a.]
Jan. 19.
Whitehall.
903. Order of the King in Council. That the Lord High Admiral provide passage and victuals to forty-two French Protestants bound for Jamaica. Sir L. Jenkins to acquaint the Governor of Jamaica. [Col. Entry Bk., Vol. XCIX., pp. 188 and 191.]
Jan. 20. 904. Sir Peter Colleton to the Earl of Craven. As to Governor Clarke of the Bahamas, as soon as we heard that he had granted commissions against the Spaniards, we instantly (though no one had made complaint) sent another Governor with particular instructions to secure Clarke, so that he might answer any charges before the King in Council. I gave Mr. Blathwayt a copy of the instructions. Signed, P. Colleton.Holograph. 1 p. Endorsed. [Col. Papers, Vol. L., No. 13.]
Jan. 20.
Whitehall.
905. William Blathwayt to Mr. Brisbane. My lords, hearing of many piracies and depredations in West Indian waters, wish to know what number of the King's frigates are in those parts. [Col. Entry Bk., Vol. XCVII., p. 92.]
Jan. 23.
New
Hampshire.
906. Governor Cranfield to Lords of Trade and Plantations. In my last I reported to you the rise of such an ill spirit among the Assembly that I had no hope of persuading them to pass any laws which would be satisfactory to you. Among other proposals, I recommended to them the euclosed Bill, which had passed the Council, for raising a revenue to support the Government; but all my endeavours were spoilt by the Ministers, who would suffer them to pass no laws but such as were against the methods prescribed by the King's Commissioners, and would have established independency. Not knowing where these growing evils might end, I dissolved them on the 20th instant. The Bill was judged by all indifferent men to be the justest method of raising money that could be devised, but since they have refused to do their duty in that respect I shall, with the assent of the Council, continue the impositions lately raised, which will go a good way towards paying the expenses of Government, as at present distributed. For as it has been the constant practice among the Bostoners not only to ease themselves in their rates and burden the poorest sort of the people, so they never failed to give plentifully to each other in authority. This method has been carefully observed in this province, but will now be out of doors since the King has entrusted the disposal and issue of money to my power, with the Council's assent. I shall take care that it shall be done as justly as can be, and this clause should be inserted in my Commission when the Government of Massachusetts is settled. The taxes now raised there are high and unequal. The faction will soon make the Assembly provide for a revenue, rather than continue the present taxes, unless they can have the division of the surplusage as formerly. When this is done and the Governor empowered to place and displace ministers, I am confident that the people will be brought to obedience without further charge to the King. While I was at Boston I wrote, by request of the Magistrates, to Lord Hyde to introduce their agents to him, as I thought that it might be for the King's service. They are ordered to offer 2,000l. for a pardon, and though I was certain that it would not be accepted yet it was a kind of pleading guilty. I knew that Lord Hyde well knew that the dissolution of the Government was of more importance than a hundred thousand pounds, which would not cover the King's losses were that Government still tolerated; so that my letter was rather in the nature of a letter of intelligence, and written with the object of insinuating myself into their counsels, I find that they are unwilling to be at any further expense for the defence of their charter against a quo warranto, for they know that they are notorious offenders, and I therefore dare assure you that if a Commission with a pardon be sent out, they will submit to the King's orders. I send a duplicate of our laws. If you disallow them it may be a means to get better passed in future; meanwhile, I govern them by the laws of England. If an open letter were sent to me whereby I could show the people the King's resentment of their conduct, it might bring them to a better temper. They are easier to be imposed on by their teachers, being illiterate, than to be taught their duty to the King; but I do not despair, if I can get a check on the Ministers. Signed, Edw. Cranfield. Postscript.—27th January. Since writing the above I have to report one of the late Assembly men for Hampton, Edward Gove, has made it his business to stir up the people in the several towns to rebellion. He gave out that he had a sword by his side and would not lay it down till he had the Government in his hands. What confederates he may have I know not yet, but I have sent persons to apprehend him, and have raised the trained bands to keep the peace. I have reason to believe that he has been set on by some of the Massachusetts Colony, which he has lately visited. If it be their design to cause a disturbance over the enforcement of the King's orders, it will be impossible to govern them without a frigate. I acted so cautiously on my arrival that I gave way to their humours until I could get the fort and militia into safe hands, thinking to wean them by degrees from their evil principles; but time alone can show the result. 30th January. I must add the further news that Gove was apprehended on 23rd instant, with some of his accomplices. He was at the head of a party of horse with a trumpet sounding before him, and if he had not been timely prevented he would have been joined by many. The rebels will be tried by the laws of England on 1st February. I enclose copies of the laws passed by the Assembly. 4 pp. Endorsed. Recd. 10 May. Annexed,
906. I. Bill for raising revenue. 1½ pp. Endorsed. Recd. 10 May.
906. II. Acts passed by the Assembly of New Hampshire. Bill concerning plaintiffs' and defendants' non-appearance. Bills to give liberty to withdraw actions; to give liberty to acknowledge judgment; for small actions; for serving attachments, to defray town charges; to fix the value of foreign coin. 2 pp. Endorsed. Recd. 10 May 1683. [Col. Papers, Vol. L., Nos. 14, 14 I., II.]
Jan. 23. 907. Duplicates of foregoing letter, without the postscript, and of the first enclosure. [Col. Papers, Vol. L., No8. 15, 15 I.]
Jan. 23. 908. Extract from Sir Thomas Lynch's despatch respecting the unwillingness of the Royal African Company's factors to seize an interloper, after the negroes had been landed. Below is written the Attorney-General's opinion. "Where goods are by law forfeited to the King, the sale of them from one to another will not fix the property as against the King, but they may be seized wherever found whilst they remain in specie. Negroes being admitted merchandise will fall within the same law. R. Sawyer, 23 Jan. 1683." 1 p. Endorsed. Returned 23 Jan. 1682/3. Read and approved by the Committee, 13 Feb. 1682/3. [Col. Papers, Vol. L., No. 16, and Col. Entry Bk., Vol. XXX., pp. 105–6.]
Jan. 23. 909. Journal of Assembly of Nevis. Proposed by the Governor, that any two responsible persons call the husband or managers of Barbuda to account for one-third of one-fourth part of the said Island, which was left as a legacy to the poor of the island and of Antigua by William Mildon, deceased, and that authority may be given to one to sell and dispose of such parts of it as belong to Nevis. The Assembly leaves the appointment to His Excellency. Proposed by the Governor that two members of the Council and as many of the Assembly bring the public receipts to account and audit. The Assembly appoint Samuel Gardiner and James Walker. The Assembly proposes that all arrears and fines shall be satisfied; Charles Pym and Philip Lee to take care thereof. [Col. Papers, Vol. XLIX., No. 73.]
Jan. 23. 910. Journal of Assembly of Barbados. There being no quorum, adjourned to 20th February. [Col. Entry Bk., Vol. XIII., p. 507.]
Jan. 24. 911. Petition of the Agents for Massachusetts to the King. Praying for an extension of time for the receipt of instructions from Boston, in view of the King's determination to issue the quo warranto in the first day of next Hilary term. Signed, Joseph Dudley, John Richards. [Col. Entry Bk., Vol. LXI., p. 167.]
Jan. 25. 912. Journal of Lords of Trade and Plantations. Petition of Richard Thayre read (see No. 834 I.) and referred to the Boston Agents for reply.
Acts of Jamaica read and confirmed with certain exceptions reserved for amendment (see post, No. 948). The Lords do not think fit to give any order respecting trade with the Spaniards as put forward in Sir T. Lynch's letter of 29th August (see No. 668). As to the irregular patents issued by Sir Henry Morgan to Rowland Powell and others, the Attorney-General to advise how they may be voided. The grant of French commissions to privateers to be reported to Council that it may be inquired into.
Mr. Jeaffreson's petition (see No. 890) referred to Lord Dartmouth, to inquire if there be any order in the Ordnance Office that Colonies shall provide their stores at their own charge.
Sir Peter Colleton, one of the proprietors of the Bahamas, attended, and pointed out that the clause of their Patent empowering them to make war is to be found in all such patents, and is under-stood by them to signify war with the Indians only. He added that orders had already been sent for the arrest of Governor Clarke. The Lords thereupon rescinded their order for bringing a scire facias against the Patent. [Col. Entry Bk., Vol. CVII., pp. 106–114.]
Jan. 25. 913. List of twenty of the French Protestants bound for Jamaica (see ante, No. 883), certified by the Bishop of London. 1 p. [Col. Entry Bk., Vol. XCIX., p. 191.]
Jan. 26.
Whitehall.
914. Order of the King in Council. Referring the petition of Mr. Totton, Attorney to William Fisher, to Lords of Trade and Plantations, for their report. Signed, Phi. Lloyd. ½ p. Inscribed. Mem. — A copy of the petition being sent to the Attorney-General, he reports that by law the ship and goods were confiscated, where-upon nothing was done. [Col. Entry Bk., Vol. LXXXII., p. 94.] Annexed,
914. I. The petition referred to, recapitulating the whole story (see ante, No. 183 I.). Petitioner finally begs that the King will take the opinion of the judges, whether either the ship or the goods were forfeited by law, and if they decide in the negative to issue a commission to six gentlemen of Virginia (named) to examine the whole matter and procure for him restitution of the goods or satisfaction in lieu. Copy. 2½ pp.
914. II. The true state of the case of William Fisher; again repeating the story, and setting forth the two points on which a ruling is required. Signed, Will. Trumball. Doctors' Commons, 19 Jan. 1682. 1 p. Endorsed. Rec. 25 Jan. Read 17 Feb. 1682–83. [Col. Papers, Vol. L., Nos. 17, 17 I., II.]
Jan. 26.
Whitehall.
915. Order of the King in Council. That the petition of Samuel Hanson, annexed, be referred to the Lords of Trade and Plantations for their report, and that petitioner meanwhile be furnished with copies of all documents sent by the Governor of Barbados that are necessary for his defence. The Lords are to give such order for petitioner's relief as they think fit, or report to the King. Signed, Phi. Lloyd. ½ p. Annexed,
915. I. Petition of Samuel Hanson to the King and Council. Petitioner presented a petition in April last, which was referred to the Lords of Trade and Plantations, who ordered a copy thereof to be sent to Sir Richard Dutton for his reply, to which copies of all the judicial proceedings were to be appended. A copy of the petition was accordingly enclosed in a letter written by Mr. Blath-wayt and directed to Sir Richard Dutton, which letter was sent to petitioner; who, as soon as he received it, carried it to be deliverd to His Excellency. A few days later Sir Richard ordered petitioner to attend him, which he accordingly did, when Sir Richard asked him whether he had not received a letter under his covert from Mr. John Cresset of England, directed to him. Petitioner answered (as was true) that he had not, and knew nothing of it, except that he had himself heard from Mr. Cresset, who mentioned that he had written a letter to the Govenor and enclosed him a copy. The Governor then tendered petitioner his oath, which he refused to take until he knew on what subject he was to be examined. The Governor answered that he must answer all such questions as he thought fit to put to him. Petitioner again refused, alleging it to be illegal that he should be compelled to swear against himself; whereupon the Governor committed him to prison, where petitioner remained five weeks, most part of it under close confinement, to the detriment of his health and the prejudice of his estate. Petitioner conceives these proceedings to be a design to hinder him from coming to England and prosecuting his appeal from the original judgment, for which purpose he had given the usual forty days' notice of his intention to leave, according to law. Petitioner for twenty years together had never had any controversy with any of the King's Governors, and was unacquainted with a prison, and unable to abide in the same. He offered before the Council to take the oath required of him, and to give 2,000l. bail, but was refused; and all relief was denied him unless he gave 10,000l. bail to appear at the next sessions. Whereupon he was forced to make his escape to England, leaving his wife and children and a large estate in confusion, to obtain justice of the King in Council. Asks, therefore, for copies of all incriminating documents, and that the master and owners of the ship that brought him over may not suffer for bringing him over without a license. Is ready to give security to prosecute his appeal. Copy certified by Philip Lloyd. 1½ pp. Endorsed. Recd. 1 February 1682–83. [Col. Papers, Vol. L., Nos. 18, 18 I., and Col. Entry Bk., Vol. VII., pp. 178–182.]
Jan. 27.
Barbados.
916. The Clerk of the Assembly of Barbados to [William Blathwayt]. Forwarding duplicates of the quarterly returns sent on December 15th. Signed, Ri. Cartwright. ½ p. Endorsed. Read 2 April 1683. [Col. Papers, Vol. L., No. 10, and Col. Entry Bk., Vol. VII., p. 183.]
Jan. 27.
St. James's.
917. Warrant for Governor Thomas Dongan's salary as Governor of New York. Four hundred pounds a year. [Col. Entry Bk., Vol. LXX., p. 41.]
Jan. 27.
St. James's.
918. Instructions to Governor Dongan. Empowering him to issue writs for the election of a General Assembly, and conferring on him the powers generally entrusted to the King's Governors. 7½ pp. Printed in New York Documents, Vol. III., pp. 331–334. [Col. Entry Bk., Vol. LXX., pp. 41–45.]
Jan. 27.
St. James's.
919. Commission from the Duke of York appointing John Spragge Secretary of New York. [Col. Entry Bk., Vol. LXX., p. 46.]
[Jan. 28.] 920. Answer of the Jamaicans to the petition of the Royal African Company (see ante, No. 891). Great part of the Company's stock, said to be at Jamaica, is in their late factors' hands (who converted it to their own use), and in bad debts which they corruptly contracted with men of mean or no estate, when they might have found better customers. Other part thereof was lost by agents who only kept accounts in their heads or pockets, or employed book-keepers who omitted to give credit for moneys received, or mischarged whole batches of negroes and forged bonds to save themselves. It is therefore presumed that the Company has not above half the sum that it names really in the planters' hands; and that is inconsiderable from so large and growing a Colony towards a great monopolist Company, less, indeed, proportionally than the credit usually given by merchants. It does not follow that the Company has trusted Jamaica with more debts than it can pay, for she is known to pay them better than any other plantations. The Company has simply mismanaged its business. The lightness of money is no prejudice to the Company; it has been current at the present rates for years, and will at all times pass from them for as good value as when passed to them. Four pieces of eight there will buy as much food as so many English crowns. The Company rarely has or expects returns in money; it is treason to clip it, and no great quantity of light money was ever imported. Light money may be refused if offered. If the value were altered in Jamaica the English would soon carry it all off, and the Island be ruined by hasty sales of their stocks. This has been found by experience. The King's Order in Council is so recent that it can hardly have altered the value of negroes at Guinea. Other circumstances may have affected it, but private traders find it pays well to sell negroes in Jamaica at 18l. a head. They might have sold them for more had we not, in deference to the King, passed an Act against interlopers. As to masters of ships, there may be some who are strangers to Jamaica or dislike the Company's terms, but there are always plenty who are willing enough to go there. Broad sheet. Inscribed and endorsed. Recd. 28 Jan. 1683. [Col. Papers, Vol. L., No. 20, and Col. Entry Bk., Vol. XXX., pp. 115–118.]
Jan. 29.
Whitehall.
921. The King to Sir Thomas Lynch. Announcing the new regulations as to carriage of merchandise in mem-of-war and trial of naval officers on foreign service. Mem.—Circular to same effect, 7th February. [Col. Entry Bk., Vol. XCIX., p. 192.]
Jan. 29.
Whitehall.
922. The same to the same. Ordering him to send home Captain Heywood of the Norwich for trial. [Col. Entry Bk. Vol. XCIX., p. 193.]
Jan. 29.
Whitehall.
923. [Sir Leoline Jenkins?] to Sir Thomas Lynch. Covering letter forwarding the King's regulations (ante, No. 921). [Col. Entry Bk., Vol. XCIX., p. 193.]
Jan. 29.
Whitehall.
924. [Sir Leoline Jenkins?] to Sir Thomas Lynch. You will see by enclosed Order of Council that the King has granted to forty-two French Protestants a passage in one of his ships to Jamaica (see ante, No. 883). I am to recommend them to your protection and countenance. [Col. Entry Bk., Vol. XCIX., p. 188.]
Jan. 29.
Barbados.
925. The Secretary of Barbados to Lords of Trade and Plantations. Forwarding quarterly returns of the proceedings of Council from 7th September. Signed, Edwyn Stede. Endorsed. Recd. 2 April 1683. [Col. Papers, Vol. L., No. 21, and Col. Entry Bk., Vol. VII., p. 183.]
Jan. 30. 926. Record of the County Court for Suffolk, held at Boston 30th January 1682/3. Edward Randolph versus Thomas Danforth, Defendant pleads against the process as illegal. The Court, notwithstanding a letter from the President to the Justices of Maine to hold a special Court, see no ground why they are thereby obliged to act contrary to law, and declares an abatement of the writ. 1 p. Copy. Certified by James Addington. Endorsed. Recd. 9 June 1683 from Mr. Randolph. [Col. Papers, Vol. L., No. 22.]
Jan. 31.
Whitehall.
927. Order of the King in Council. That Mr. Secretary Jenkins confer with Mons. Barillon, the French Ambassador, to find out whether, as asked by Sir Thomas Lynch, commissions are at present granted by the French King to privateers at Hispaniola; and that he write also to Lord Preston, English envoy at Paris, to the same effect. Signed, Philip Lloyd. ½ p. Annexed,
927. I. Extract from Sir Thomas Lynch's letter of 29 August 1682 (ante, No. 668), respecting the French pirates at Hispaniola. ½ p. [Col. Papers, Vol. L., Nos. 23, 23 I.]
Jan. 31. 928. Minutes of Council of Virginia. Sheriffs appointed. The Attorney-General to take care of the fines and forfeitures due since the rebellion. Soldiers, lately disbanded, who are housekeepers or planters are liable in future to payment of levies. Proclamations for raising the price of foreign coin, and for obtaining returns of parish and county levies. [Col. Entry Bk., Vol. LXXXIV., pp. 155 and 169–171.]
[Jan.] 929. Depositions tending to prove that Edward Gove is of unsound mind. 1 p. Endorsed. [Col. Papers, Vol. L., No. 24.]