BHO

America and West Indies: June 1683

Pages 440-452

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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June 1683

June 1. 1098. Draft of a certificate given to Francis Burgrell [Broghill] that a petition has been presented to the King by the inhabitants of Bermuda at his instance, which petition was signed by more than eighty hands. ¼ p. [Col. Papers, Vol. LI., No. 1.]
[June 4.] 1099. Copies of entries made by masters of Jersey ships at Piscataqua from 9 March to 9 September 1682. 3 pp. Endorsed. Recd. 4 June 1683 from Mr. Randolph. [Col. Papers, Vol. LI., No. 2.]
[June 4.] 1100. Address from the inhabitants of Massachusetts to the King. We hear that through the ill-will of some who, as we have cause to fear, are no friends to order, and use all endeavours to promote a change among us, that the government established by our charter has been misrepresented, and information given that we were uneasy under the same, YEA GROANING by reason of the burthens laid upon us, insomuch that we desire a dissolution of the same. Lest such reports should gain credit with you, we have thought it our bounden duty to God, your Majesty, and ourselves, to inform you that this Government deserves no such character, but has been abundantly satisfactory to us, and such as makes us render thanks to Almighty God and to your Majesty for the continuance thereof; and that it may be yet perpetuated we now implore your Majesty, assuring you that you can by nothing more knit our hearts to the loyalty and obedience which we shall ever manifest than by acceptance of this address, and grant of our earnest desires therein contained. This will fill our hearts with joy and thankfulness; this will dispel and scatter these clouds of fear which have risen in the minds of many of your good subjects that they may be deprived of their liberties and privileges which are so dear to them. This will oblige us ever to pray for your Majesty that your earthly crown may be changed for an eternal crown of glory. Copy. 1¼ pp. Annexed, "Directions for signing the Address to His Majesty." As some evil-disposed persons have been making accusations against the Government, and labouring to obtain subscription of malcontents thereunto, we judge it expedient that an address be presented to the King, and that every person of sixteen years and upward do fully understand the address, and be directed to sign the blank paper annexed, which will be affixed to the address. No copy is to be taken either of the address or directions. Return will be made to the Speaker of the House of Deputies. ½ p. Copy. The whole endorsed. Recd. 4 June from Mr. Randolph. [Col. Papers, Vol. LI., No. 3.]
[June 4.] 1101. Articles against the Governor and Company of Massachusetts. 1. They have coined money with their own impress, 2. They deny liberty of conscience. 3. They refuse appeals to the King in Council in matters relating to the Crown. 4. They impose duties on goods imported from England which have already paid the King's duty. 5. They levy what taxes they please on all the inhabitants, though not free of their company. 6. They have erected a naval office in opposition to the King's. 7. They assume a power of making freemen unwarranted by their charter. 8. They have erected Courts of Admiralty. 9. They have refused a trial in their courts in a matter relating to the King. 10. They have imprisoned the King's officers for doing their duty, and refused them the plea of the general issue. 11. They have forced the King's officers to pay security before admission to prosecute in the King's service. 12. They have put several persons to death for breach of their laws illegally. 13. They have imposed illegal oaths on the King's subjects. 14. They have forced some of the inhabitants to sign a mutinous address to the King. 15. They have raised great sums of money on non-freemen to buy the province of Maine. 16. They have refused to admit the King's letters patent to be read in Court. 17. They have refused to admit divers Acts of trade. Rough draft in the handwriting of Edward Randolph. 2½ pp. Endorsed. Received from Mr. Randolph, 4 June 1683. [Col. Papers, Vol. LI., No. 4.]
June 4. 1102. Edward Randolph to [Sir Leoline Jenkins?]. To remind him that Edward Gove cannot be taken from the custody of Thomas Joules with a Secretary of State's warrant. Holograph. ½ p. [Col. Papers, Vol. LI., No. 5.]
June 5. 1103. Journal of Lords of Trade and Plantations. Draft of a memorial to the Spanish ambassador read. The Lords struck out the name of Sir Thomas Lynch as the source of information, and approved it.
Drafts of letters to Sir R. Dutton and Sir W. Stapleton referred to the Attorney-General for his report, if they contain anything contrary to law. [Col. Entry Bk., Vol. CVII., pp. 157, 158.]
June 5.
Council
Chamber.
1104. Lords of Trade and Plantations to the King. Secretary Jenkins has shown us the drafts of two letters to Barbados and the Leeward Islands in favour of the Royal African Company. The Attorney-General has examined and approves them. [Col. Entry Bk., Vol. I., p. 93.]
June 5. 1105. Opinion of the Crown Law Officers on the petition of Captain Christopher Billop (see ante, No. 854). We are of opinion that the ship Providence was lawful prize, but that the petitioner and his company are not entitled to any of the negroes as prize. Signed, R. Sawyer, Tho. Exton. [Col. Entry Bk., Vol. XLVII., p. 96.]
June 5.
New York.
1106. Declaration and judgment of the Court of Record of New York, in the cause of John Bawden and Thomas Temple of London, through John West, their attorney, against Captain Christopher Billop, for seizure of the ketch Providence, with her cargo of negroes, and sale of the cargo, without condemnation (see ante, No. 572). Verdict for the Plaintiff. Signed, John West, clerk. Copy certified by Johannes van Brughen and John Lawrence. 3 pp. Endorsed. [Col. Papers, Vol. LI., No. 6.]
June 7.
Tower.
1107. The Lieutenant of the Tower to [Sir Leoline Jenkins]. I received a prisoner last night by your warrant. I thought you had been at Hampton Court this day, or should have acknowledged it earlier. The fellow is poor and I wish to know if the King will allow him maintenance. I keep two warders with him, one to lie in his chamber and one never to be out of his sight (sic). Our warder-houses are so full of our officers that we have no place for prisoners. Signed, Tho. Cheek. Holograph. 1 p. Endorsed. Rec. 8 June 1683. [Col. Papers, Vol. LI., No. 7.]
June 7. 1108. Journal of Lords of Trade and Plantations. The consideration of the Duke of York's grant to Mr. Penn fixed for Thursday 14th. Memorandum of letters and Acts received from Virginia. [Col. Entry Bk., Vol. CVII., pp. 165–166.]
June 7. 1109. Opinion of the Attorney-General on the petition of the inhabitants of Bermuda (see ante, No. 1086). Having read the papers and heard counsel on both sides, I find that, by the Charter, the civil power within the Island is vested in the Company, who have also power to defend themselves by force against invasions and insurrections, and to use martial law; but I am of opinion that there is nothing in the Charter to exclude the King from ordering or disposing of the militia of the Island for the safety thereof, or from constituting a Governor or lieutenant in order thereunto. Holograph. Signed, R. Sawyer. ½ p. [Col. Papers, Vol. L., No. 117.]
[June 7.] 1110. The Clerk of Assembly of Virginia to Lords of Trade and Plantations. Forwarding Proceedings and Acts of the Assembly that began sitting on 10th November 1682. Signed, Tho. Milner. Recd. 7 June 1683. [Col. Entry Bk., Vol. LXXXII., p. 102.]
June 8. 1111. Minutes of the Council of St. Christophers. Order for inspection of the accounts of the country. Proposed by the Council that the recruits of the two foot companies be billetted for three or six months on the inhabitants. The Assembly counselled to billet them for six months on such aliens as had not provided themselves with servants. [Col. Papers, Vol. L., No. 98.]
June 9. 1112. The Attorney-General to William Blathwayt. I return the draft letters to Barbados and the Leeward Islands. They contain nothing against the law. Signed, R. Sawyer. [Col. Entry Bk., Vol. I., p. 94.]
[June 9.] 1113. Copy of the trial of Edward Gove (see ante, No. 952 I.) Endorsed. Recd. 9 June 1683. [Col. Papers, Vol. LI., No. 8.]
[June 9.] 1114. Names of the persons in nomination to be magistrates in the Massachusetts, 1683:—
Bradstreet 1194. Gedney 1091.
Danforth 1246. Apleton 1113.
Gookin 1147. Pike 1044.
Pyncheon 1212. The foregoing marked old
ones.
Stoughton 1172.
Dudley 1226. Fisher 583.
Buckly 1206. Woodbridge 354.
Saltinston 1004. Waite 354.
Davie 1183. Johnson 333.
Brown 804. Queensey 244.
Richards 1219. Cooke 230.
Nowell 1176. Hutchison 128.
Hull 910. Tory 123.
Russell 1187. The foregoing marked new
ones nominated.
Tilton 1154.
There is nothing to explain whether the numbers refer to votes or otherwise. 1 p. Endorsed. Recd. 9 June 1683 from Mr. Randolph. [Col. Papers, Vol. LI., No. 9.]
June 11. 1115. Minutes of Council of Virginia. Order for proclamations for the arrest of John Haley, who has escaped from gaol. Order for the pressing of men for the sloop Katharine, Captain Roger Jones, taken for a sloop of war. [Col. Entry Bk., Vol. LXXXIV., p. 197.]
June 11.
Tower.
1116. Edward Gove to Edward Randolph. I make bold to trouble you with my affairs, who are one that know my circumstances very well. I have little hope but from the King's mercy, and I ask you the favour to petition him for my pardon. You know how to put my case. I was ignorant that I transgressed the law, or should not have acted as I did. The same thing has been done every year for the last fourteen or fifteen years and no notice taken. I shall do my best, if the King shows me mercy, to prove myself deserving thereof. Could you also favour me with a little money? I promise, so far as such a promise is valid, to repay you from my New England estate. Signed, Edward Gove. Holograph. 1 p. Endorsed (not in Randolph's hand). Recd. 17 June 1683. [Col. Papers, Vol. LI., No. 10.]
June 11.
Patuxent.
1117. Lord Baltimore to William Blathwayt. Yours of 9th February received. I was glad to hear that the Lords are satisfied with my administration. Having lately had the long desired second conference with my neighbour William Penn, I send you a copy of what was debated between us on 29th May last. If Penn should move for further orders respecting the boundaries of the two provinces, pray request on my behalf that I may be heard in person. I will embark from England next April to defend my rights to the land in Delaware Bay which he claims. Signed, C. Baltemore. Copy. Added below:—The sum and substance of what was argued and spoken by William Penn and Charles Lord Baltimore at their private conference at Newcastle, Delaware River, Tuesday, 29th May 1683. Mr. Penn had previously asked for this conference by letter of 23rd April. Reaching Saxafras river on Wednesday, 23rd May. I acquainted Mr. Penn with my arrival, met him on the 29th eight miles from Newcastle and came there with him that day. In the evening I asked him what proposals he had to make, as I had come to put a friendly issue to the boundary question. He replied that though the King's letter of 19th August was not to be insisted on yet as to the two degrees, yet he thought there was an admeasurement to be insisted on still. I thought this strange, as at our previous conference he had waived that letter, which, moreover, was at variance with our patents; and he took some pains, not without heat, to explain the admeasurement which he insisted on, as follows:—As the fortieth parallel was my northern boundary, he doubted not to ascertain it by an observation first taken at Watkins Point, from which the fortieth degree was to be measured. He doubted not, he said, to gain six or seven miles in that way, and so to get water at the head of Chesapeake Bay, and this was the mystery which he was plain to tell Lord Baltimore. He assured me that he had no doubt of obtaining it from the King; to which I answered that if he could impose his dictates on the King and Council it would be vain for me to hope for justice, but that I did not think he could; and since he talked of taking an observation at Watkins Point, the southern bounds, I did not see why my northern bounds should not also be ascertained by observation, and asked him how he resolved to have his northern boundary, the forty-third parallel, ascertained. He said, by an observation. To which I rejoined that he did not approve of an admeasurement for his own three degrees, though he thought it necessary in my case, and yet there was more reason for using measurement in his bounds (there being several degrees mentioned in his grant) than in mine, for I had only Watkins Point to south and the fortieth parallel to north. After much argument Mr. Penn at last told me that if I would accept a proposal of his he doubted not to bring all to a frinedly issue. I told him that I asked nothing more. He then proposed that, if I would let him have the Susquehanna River for an inlet and sufficient land on each bank for his occasions, and name the price in writing, he would join with me in taking an observation of the fortieth parallel. I asked him how he could expect me to name a certain price in writing before I knew how far north up Susquehanna River the fortieth parallel might lie. He asked what latitude recent observations had fixed for Palmer's Island. I produced the observation, by which he saw that the island lies sixteen miles south of the fortieth degree. He then said that he thought Newcastle would lie about twelve miles south of that degree, and asked me to give him in writing how much he must give me for as many miles as my rights run up that river, how much for ten, if ten, how much for sixteen, if sixteen. He would then be willing to go with me to the heads of the rivers and join me in taking observations, with a few persons only, and without the noise and trouble of troops of horse. I thought this proposal very new and strange, and asked for time to consider it. He was unwilling to give me longer than next day, when I made him some offers which he rejected, and so we parted. Signed, C. Baltemore. 31 May. 2½ pp. Endorsed. Rec. 23 November 1683. [Col. Papers, Vol. LI., No. 11.]
June 12. 1118. Lord Baltimore to Sir Leoline Jenkins. Will you so far favour me, that should Mr. William Penn, who is suddenly bound for England, move for fresh orders as to our boundaries, nothing may be settled till I be heard in person. Public affairs will not allow me to leave this season, but next May or June I shall present myself. Holograph. 1¼ pp. Endorsed. [Col. Papers, Vol. LI., No. 12.]
June 12. 1119. The same to the Marquis of Halifax. To the same purport as the foregoing. Holograph. 1¼ pp. Endorsed. [Col. Papers, Vol. LI., No. 13.]
June 12. 1120. Journal of Lords of Trade and Plantations. The Agents for the Massachusetts presented an address from the Colony to the King (see No. 1032), and produced a new Commission, which, being read, the Lords observed that the Agents are thereby empowered jointly and not severally to attend the King in the regulation of that Government. Mr. Randolph, lately arrived from New England, was called in and reported that the Council of Massachusetts has resolved not to surrender but to defend its charter. He also submitted a paper of articles against Massachusetts (see next abstract). The Lords agree to report that the Attorney-General be ordered to bring a quo warranto against the Charter.
The Agents on behalf of Lord Baltimore and Mr. Penn called in and Counsel heard on both sides. The question between them is: Did the Dutch possess the lands claimed by Mr. Penn in 1632? which Penn's agent undertakes to prove affirmatively.
Memorandum of letters received. [Col. Entry Bk., Vol. CVII., pp. 167–172.]
June 12. 1121. Articles of high misdemeanour exhibited against the Governor and Company of Massachusetts by Edward Randolph. 1. They execute the powers in their charter otherwise than as directed, and exceed them. 2. They have made laws repugnant to the laws of England, and have not repealed those objected to by Sir William Jones and Sir Francis Winnington as they promised. 3. They continue to raise money from non-freemen, contrary to the opinion of Sir Robert Sawyer. 4. They continue to exact an oath of fidelity to themselves, notwithstanding the King's orders to the contrary, and make such oath essential to the tenure of office and even freedom of the Company. 5. They have refused to the King's subjects the benefit of juries in trial of civil causes, and denied to such as were not of their persuasion copies of records to enable them to appeal to the King. 6. They have obstructed the execution of the Acts of Trade and Navigation, and refused to recognise many of them. They award executions against the King's officers in causes under appeal to the King, obstruct his officers in the discharge of their duty, refuse appeals to the King, and set up their own naval office in opposition to his. They have made in October 1680 an arbitrary order compelling the King's officers to deposit security in Court for a special Court, contrary to law and royal order, and have refused to repay such deposits when ordered by the King. 7. They impose customs on goods imported from England, though this was judged by Sir Robert Sawyer to be illegal. They have found against the King in all causes for seizure of ships in the face of clear evidence. 8. They opposed the King's Commissioners in 1664, notwithstanding their protestations of loyalty, proclaimed the General Court the supreme judicature of the Colony, received Goffe and Whalley, the regicides, with honour, and protected them. 9. They have not administered the oath of allegiance to the King to the inhabitants, though required by law and by their charter. 10. They have invaded the rights of the Duke of York, Lord High Admiral, by erecting an Admiralty Court of their own. 11. They discountenance and discourage members of the Church of England, forcing them under penalties to attend their meetings, and accounting all others unlawful assemblies. 12. They coin money, which their own Agent admitted to be a high crime, and, though pretending to beg the King's pardon for it, persisted therein. 13. They have committed divers other high crimes in contempt of the King and to the oppression of his subjects. Signed, Edward Randolph. 3½ pp. Endorsed. Read 12 June 1683. [Col. Papers, Vol. LI., No. 14, and Col. Entry Bk., Vol. LXI., pp. 173–178.]
June 12. 1122. First copy of the foregoing, with a few corrections and alterations of the numbering of the articles, which in the final copy were reduced from fifteen to thirteen. Signed, Edward Randolph. 4½ pp. Endorsed with a memo. that the articles were afterwards digested into a better order. [Col. Papers, Vol. LI., No. 15.]
June 12. 1123. Minutes of Council of Barbados. Richard Howell took the oaths and his seat as a member of the Council.
June 13. Several persons appeared with their accounts for powder and arms. Edwyn Stede, John Hallett, and John Johnson appointed a Committee to examine them and report. Several Commissioners of fortifications brought in their reports. Order for payment of money due to Thomas Bringhurst. Petition of Simon Cooper for 474l. 7s. 11d. for work and materials in the fortifications. Order for payment of 200l. on account, the balance to be discharged after inspection of the Treasurer's books. Henry Walrond, Samuel Newton, and Thomas Walrond took the oath as amended. Order for the churchwardens of the several parishes to pay their ministers quarterly, or at latest half-yearly, except where the whole annual salary is paid in advance at the opening of the year. [Col. Entry Bk., Vol. XI., pp. 575–578.]
June 13. 1124. Order of the King in Council. Report of Lords of Trade and Plantations. We have examined the powers transmitted to the Agents of Massachusetts and find them insufficient. We therefore recommend that the Attorney-General be ordered to bring a quo warranto against the Governor and Company. Dated 12 June 1683. Ordered accordingly. Mr. Randolph to furnish the Attorney-General with evidence. [Col. Entry Bk., Vol. LXI., pp. 178–179.]
June 14.
Barbados.
1125. The Secretary of Barbados to Lords of Trade and Plantations. Forwarding quarterly returns of the proceedings of the Secretary's office. Signed, Edwyn Stede. ½ p. Endorsed and inscribed. Recd. 21 Aug. 1683. [Col. Papers, Vol. LI., No 16, and Col. Entry Bk., Vol. VII., p. 188.]
June 15.
Nevis.
1126. Sir William Stapleton to Lords of Trade and Plantations. I thought it my duty to give you an account of my Indian hunting, being forced to return earlier than I wished by the rains and the want of provisions. The rains were the chief reason, for I was unwilling to expose the men to the agues that might attack them if they marched through the woods at this time of the year, or to the danger of an attack from skulking Indians when our powder was wet and our arms in ill condition. All our men had cartouche boxes, but these cannot altogether preserve powder from moisture, while the Indians could always let fly their arrows, the strings being made of silk grass. No one but the French can give me an account of the dead and wounded, and they must have it from the Indians themselves, for they always carry off their dead if not too closely pursued, as they have been at four or five distinct places upon the strand and in defence of their periagos. Eleven were seen and felt killed (sic), one of whom, by the information of an Indian, was Captain Tabary, the leader of the massacre in Barbuda and Montserrat. The number of the wounded is very uncertain, but from several tracks of blood found by several pursuing parties we conclude that the wounded are many. Time and the French may inform us. We had five wounded, four whites and one black. All, thank God, are well but one, who died at Antigua from the wound of a poisoned arrow. Two of the five were struck with arrows through their own supine negligence. They got ashore in Prince Rupert's Bay, Dominica, the day I came away. I had ordered that none should go ashore after I fired a gun and loosed a topsail, and gave verbal orders to the commanders to let none go. But these men must needs go to walk and catch crabs, and they could have been captured by the Indians had not an officer with a file of men rescued them, killing one indian and wounding another. One of the five was shot with a slug, but he is very well. He is not of my company in St. Christophers. The Indians may have forty fire-arms, but hardly more. They get them from the French, and we have taken some few of them, also some rapiers and backswords. We took forty-six large periagoes and canoes, which were split and burned, thirty-five at St. Vincent (where but five or six are left) and eleven at Dominica, where there may not be three left. These must be recruited from the Main. We burned upwards of three hundred houses, but pitiful little ones, except their day-houses that is their war-and carousing-houses. I measured one, an hundred feet long and thirty broad. We have destroyed a prodigious quantity of their provisions, and yet they have plenty, for they plant nothing else but two or three cocoa trees here and there near a river. It would, perhaps, be impertinent or troublesome to tell you the accidents and cross circumstances of the voyage except in general terms. We had cross winds, calms, and incredible currents, which dispersed two-thirds of the vessels in company in four hours from the Sugar Loaves [Pitons] at St. Lucia, where we were altogether, six topsail vessels and eight sloops. Some were forced to Dominica, others to Guadeloupe and Martinique, nay, the best sailing sloop that I had even to Antigua. I ordered the master of the vessel in which I was to hug the shore by short trips, and observe the current, which gained my passage. I stayed nine days in vain for them at the south-east end of St. Lucia, and then resolved that I would stay no longer, even though I had but one company; and having two hundred men, we weathered St. Vincent and landed at the south-west end of it. Should you require a journal of the expedition I will send it, but not thinking it worth your perusal I hope this may suffice. I must add that the French have furnished the Indians with fire-arms, powder, and bullets. They buy the plunder and negroes taken from the English Islands, and entertain several families of them in Guadeloupe, Martinique, Mariegalante, and the Grenadines, which are receptacles for the Indians of St. Vincent and Dominics, and for their robberies. There were three Frenchmen with them in Montserrat and Barbados. I have sent their names to the French General who has promised me justice against them, and has also prohibited the French to trade with them for powder, bullets, or negroes. Having such fair compliance from him I could not deny him one of the Frenchmen suspected to have been at Montserrat with the Indians, but I stipulated that unless the men could be proved to have been on a French Island when the Indians were at Montserat, he should be executed. May I beg for a quietus from this the most troublesome and changeable government that the King has abroad, or at least for a furlough. Pray also mediate for payment of my arrears, new and old, for payment of my creditors here. Holograph. 3 pp. Endorsed with a long précis. Recd. 14 Aug. Read, 17 Aug. 1683. [Col. Papers, Vol. LI., No. 17, and Col. Entry Bk., Vol. XLVII., pp. 98–101.]
June 17.
Barbados.
1127. Returns of Imports and Shipping from 17th March to 17th June 1683. [Col. Entry Bk., Vol. X., No. 15.]
June 18. 1128. Journal of Council and Assembly of Antigua. Letter from the Governor, dated 6th June, recommending to the Council and Assembly Colonel Edward Powell, who had been commended by the King to his care. Colonel Powell's commission was read before the Council and Assembly. [Col. Papers, Vol. XLIX., No. 81.]
June 19.
Boston.
1129. Governor Cranfield to Sir Leoline Jenkins. My last was by Mr. Randolph, since whose departure I have spent my time here to pry into the intrigues of the Government and enable me to save the King by giving an account of my observations. There can be no greater evil to the King's interest than the pernicious and rebellious principles which flow from the College at Cambridge, which they call the University. From this source all the towns both here and in the other Colonies are supplied with factious and seditious preachers who stir up the people to dislike of the King, of his Government and of the Church of England. They term the liturgy a precedent of superstition picked out of the Popish dunghill. I am of opinion that the country can never be settled, nor the people become good subjects till the preachers are reformed, the College suppressed, and the several churches supplied with learned and orthodox ministers from England, like the rest of the King's dominions in America. The country grows very populous, and if longer left ungoverned or governed as now, I fear that it may be of dangerous consequence to the King's possessions in America. What encouragement their agents have had in England I know not, but since the arrival of the last ship from London these disloyal magistrates are grown more insolent than before in abusing the King's officers in the execution of their duty; and no justice can be had from them, for the judges and magistrates openly on the bench are advocates against the King and deny appeals to him. Mr. Randolph's brother, who was left here as his deputy, being unable to serve the King, is going to England to lay his complaints before you. He has been daily affronted and abused, as I myself can testify. If the Boston Charter were annulled, and the chiefs of the faction called to answer in person for their misdemeanours, and the teachers restrained from preaching sedition, it would greatly encourage the loyal party, who have been oppressed and excluded from all places of trust. You may be sure that even if the agents in England be empowered to agree to the King's regulation of the Government, the insincerity of the ruling faction is such that they would never keep faith. This is demonstrable by their proceedings in the law which they made in February last, for the observance of trade and navigation. They now openly act against it. Mr. Randolph will doubtless have informed you of this,but I think it right to confirm him. I return to New Hampshire to-day. The people being influenced from hence are still in a stubborn humour. A frigate on the coast, even for no long time, should put them into a better temper. They have an idea that the King will not go to such expense, and this it is that makes them so turbulent. Pray procure me leave of absence to go home or to some other colony for three or four months, if I should be indisposed through the severity of the weather. I am still suffering from the effects of last winter, for the cold does not agree with my thin constitution. Signed, Edw. Cranfield. 2 pp. Endorsed. Read to the Lords 17 August 1683. [Col. Papers, Vol. LI., No. 18.]
June 19. 1130. Governor Cranfield to Lords of Trade and Plantations. I regret that I cannot give assurance of my ability to serve the King without putting him to the expense of sending a frigate for three or four months. I have done my best, but Moody the preacher, Waldern, and three or four more have defeated my efforts. Mr. Barnard Randolph, who brings this, has been driven from the country. He was cast the other day in a case for breach of the Act of Trade because the Court refused to recognize the law of 14 Car. II. He then appealed to the King and Council, but was flatly denied, though he offered security for costs and charges. They have denied appeals to the King in another case also. Governor Bradstreet to-day thrust Thayre's wife out of his house and used her ill, because she desired him to order the town of Braintree to send over an authentic copy of the deed and give notice to Savage and Clapp. I know not what plausible promises the agents may make at Whitehall, but their practices here are mere contradictions even of their own laws, where those laws do not answer their interest. I was charitable enough to suppose that the passing of an Act for regulation of trade at the last General Court would have caused them punctually to keep it, for they respect their own laws more than the English Parliament's. But when I came to hear the trial, I found that Danforth was judge, and most of the magistrates advocates against the King, using such saucy expressions of him as are not fit to repeat. When the charter is annulled, the College at Cambridge should be suppressed. They look upon their teachers as apostles, and it is incredible what an influence they have over the vulgar. I shall do my best, but I can do little under present conditions, for the principles of the Bostoners debauch all the neighbouring Colonies. Signed, Edw. Cranfield. 2 pp. Endorsed. Read 17 August 1683. [Col. Papers, Vol. LI., No. 19, and Col. Entry Bk., Vol. LXVII., pp. 91–93.]
June 21. 1131. Commission of Lords Proprietors of Caroliua to John Moore, appointing him Secretary of the Province west and south of Cape Fear. Signed, Craven, Albemarle, Bath (for Lord Carteret). [Col. Entry Bk., Vol. XXII., p. 12.]
June 22. 1132. Lords Proprietors of Carolina to the Governor and Parliament of the Province South and West of Cape Fear. We perceive by your letter of 2nd March that there is some alteration in the persons of the Grand Council; we desire to know if some of them were turned out for misdemeanour, or whether they retired voluntarily, or whether you of yourselves made a new choice, and, if so, by what authority; for by our fundamental constitution the Grand Council is elected for life, and members cannot be turned out but for misdemeanour. Moreover, by our temporary laws we have appointed that the Parliament having once chosen eight persons to be of the Grand Council, those eight are to continue until the country be capable of Government according to our grand constitution, or until we ourselves make a new choice. If, therefore, you have made a new choice, it is without our authority; and for any to elect magistrates, or for any to act as magistrates without any authority duly derived from the King, is a crime of high nature, and in you that are of the Government and Parliament of Carolina, a breach of the trust reposed in you by our fundamental constitution. However, we think that it may be only a mistake on your part, and having a good opinion of the persons you have appointed, we approve the choice made by the Parliament, though against our rules; but witbal we require you not to make any new choice of a Grand Council without our direction, for, if you do, we cannot answer the not taking notice of it in a legal way. But we do not mean hereby that you shall not fill vacancies occurring through death or otherwise, but they are to be filled up by Parliament according as any die or go away without intention to return, or are two years absent. There are two counties so planted as to be capable of it. We hereby order the biennial Parliament to be held next November for the future Parliament of twenty persons, ten to be chosen by the freeholders of Berkeley county in Charlestown and ten by the freeholders of Colleton county in London in the said county. The persons chosen must be freeholders of five hundred acres and inhabitants of the said counties. These rules are to be observed till further orders. Signed, Craven, Albemarle, Bath (for Lord Carteret), Pr. Colleton. [Col. Entry Bks., Vol. XXI., p. 43, and Vol. XXII., pp. 11–12.]
June 22. 1133. The same to the same. Announcing appointment of John Moore to be secretary of the Province. [Col. Entry Bk., Vol. XXII., p. 12.]
June 26.
Westminster.
1134. Copy of the writ of quo warranto issued against the Governor and Company of Massachusetts. Latin. 1 p. [Col. Entry Bk., Vol. LXI., pp. 179–180.]
June 28. 1135. Petition of Edward Randolph and other loyal inhabitants of Massachusetts to the King. The Company has for many years levied taxes on us, though not freemen, which, in your Attorney-General's opinion, is not warranted by Charter. No account of considerable sums disbursed by the late agents in England was shown on their return. Besides two rates imposed for the expenses of the present agents, the General Court in March last levied an additional rate of 1,000l. to carry on their solicitations against the Royal prerogative. The Governor and Company pay not the eighth penny of this; it is nearly all borne by non-freemen and subjects who prefer your Majesty's Government. Now since you have announced your intention of bringing a quo warranto against their charter, they will probably levy further taxes on the people to defeat what the people most desire, a more immediate dependence on the Crown. We beg therefore that no more taxes be levied on non-freemen, nor on such of the freemen as are willing to surrender the charter, and that no public money be employed in defence of the charter, but that the defenders pay their own expenses. Copy. 2 pp. Endorsed. Recd. 28 June 1683, read at Council July 11 and 17, 1683. [Col. Papers, Vol. LI., No. 20.]
June 28. 1136. Extracts from two letters of Sir Thomas Lynch. April 15. I greatly desire a dormant commission for Colonel Molesworth. Believe me, he is an intelligent, loyal, virtuous gentleman, who will serve the King and country. I will pawn my credit and life on it. June 28. In case of my death the Island runs a great risk, for it will be ravaged. A blank commission would retrieve it. I desire your care and solicitation therein. 1 p. Endorsed. Read 6 Oct. 1683. [Col. Papers, Vol. LI., No. 21, and Col. Entry Bk., Vol. XXX., p. 165.]
1137. Petition of Stephen Waterman to the King. In 1661 your Majesty granted to Henry Killigrew and Robert Dungan part of the estates forfeited by Owen Rowe, Cornelius Holland, and Sir John Danvers in the Bermudas, which estates they sold to my father, from whom they descended to me. Hitherto Mr. Killigrew has omitted to pass your grant under the Broad Seal, and the instrument by which my father held the estate was lost in the great fire. The estate is but of small value, for which ample consideration has been paid to the patentees, and I therefore pray for your royal grant of the same. 1 p. Endorsed. [Col. Papers, Vol. LI., No. 22.]
1138. A true state of the title of Christopher Waterman to lands in the Bermudas, An amplification of the foregoing, adding little except that Waterman's father died in 1682. Signed, C. Waterman. 1 p. Annexed,
1138. I. Copy of the King's writ for inquiry into the estates of Owen Rowe, Cornelius Holland, and Sir John Danvers in Bermuda. Dated 17th Feb. 1661–62. ½ p. [Col. Papers, Vol. LI., Nos. 23, 23 I.]