America and West Indies: November 1683, 16-30

Pages 545-557

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

Citation:

November 1683



Nov. 16.	At the request of the burgesses, two councillors were appointed to swear their clerk, Thomas Milner. He being a burgess, the Lieutenant Governor directed the issue of a writ for a new burgess to be elected in his place. The Councillors going to administer the oath to him as Clerk of the House of Burgesses, the Speaker said that the House would consider as to the oath. The burgesses then requested a conference as to the appointment of a Clerk of Assembly and why the clerk chosen by them should not continue Clerk of the Assembly.
Nov. 17.	Message from the burgesses, with a resolution that in future some of the Council may be appointed to join with the Committees of this House, as was formerly used, and that for expediting business the Clerk of Assembly may be sworn. The Lieutenant Governor requested the attendance of the Speaker and some of the burgesses. After waiting an hour a message came that the Speaker would come in the morning, as it was growing late. The Lieutenant Governor said that he would willingly wait till midnight, but the messengers said that they had no further instructions.
Nov. 18.	The Speaker being summoned attended the Council, when the Lieutenant Governor said that he was displeased with their petty niceties, and desired them to waste no more time. The burgesses answered by an address asking if the Governor would receive a written paper from them. The Lieutenant Governor replied that he desired them again to waste no more time. The House produced a protest, asking again for joint Committees and for the swearing of their clerk to be Clerk of Assembly, the concession not to be made a precedent. The dispute was, however, continued. Adjourned to 20th November. [Col. Entry Bk., Vol. LXXXV., pp. 1–15.]
[Nov.]	1389. The Governor and Council of New Plymouth to the King. We heard of your Majesty's happy deliverance through Mr. Randolph, and appointed the 15th of this instant November as a day of thanksgiving for the same. The people rejoiced to observe it. We are the oldest of the Colonies, and beg you to grant us letters of incorporation such as you have granted to Connecticut and Rhode Island. We were encouraged to present you with a draft of the privileges which we desire by the hand of Lord Culpeper in 1680, and we also apprised Mr. Blathwayt. In the following year we employed one of our magistrates, Major James Cudworth, to wait upon you, but he died soon after his arrival in London, before he could effect anything. Though we still have full confidence in Mr. Blathwayt, yet we have received no answer to our petition, though we hope that progress has been made with our new Patent. We now send over another copy of our former Patent, and renew our petition for the preparation of a Bill with as convenient speed, and at as small cost, as may reasonably be, for our poverty is great through the late blastings of our principal grain and the desolations of our towns by Indians. Though we have annexed the heads of the special liberties which we desire, we leave them to your Royal regulation, hoping none the less in particular for liberty of conscience in our religious worship our general profession here being the Congregational. Religious liberty was that which brought our first comers here in 1620, of whom some still survive, while others have joined us whose principles of religion and loyalty are the same. From these we desire never to depart, and though we have no wish to infringe the liberties of those who think otherwise than ourselves, yet we wish for one rule, viz., that when the major part of any of our towns or plantations agree to have a godly orthodox minister, he shall, notwithstanding small differences as to Church order and discipline, be supported by the whole of the people. We wish also that each plantation may be put upon the use to obtain some honest able men who will teach them to fear God and honour the King. Signed, Thomas Hinkley, Governor. Large sheet in a very minute hand (Hinkley's). The address is hardly intelligible from the excess of fulsome language and cant. Endorsed. Recd. 21 Feb. 1683–4, from Mr. Randolph. [Col. Papers, Vol. LII., No. 54, and Col. Entry Bk., Vol. LXI., pp. 190–194.]
[Nov. 16.]	1390. Answer of Samuel Hanson to Sir Richard Dutton's petition. Many of Sir Richard's statements are untrue. (Recapitulates history of case.) Hanson is informed that the Council cannot award damages; he would have taken his course against Sir Richard at law on his arrival had he not resolved to try all means first to compose matters amicably. This, however, was refused, and, when the causes came to a hearing before the Committee, Sir Richard prevailed for a postponement of five months for the preparation of his defence. He then petitioned that the causes might be heard before Sir Richard's return to Barbados, and that other means might be taken for his protection, but has received no answer beyond a report of the Lords of Trade and Plantations directing Sir Richard, who is a party, to examine witnesses on both sides. Not having been served with a copy of this report, nor with any notice that it was the King's pleasure that he should not proceed at law, Hanson brought his action, presuming it to be to the King's liking, and hopes he may be allowed to proceed with it. Copy. 7 pp. Endorsed. Read in Council, 16 November 1683. [Col. Papers, Vol LII., No. 55, and Col. Entry Bk., Vol. VII., p. 206.]
Nov. 16. Whitehall.	1391. Order of the King in Council. That since Samuel Hanson, in spite of all the previous decisions of the King in Council, has commenced an action at common law against Sir Richard Dutton, it be left to the free election of the said Hanson whether he will prosecute this action at common law or attend the determination of his appeals at the Council Board. [Col. Entry Bk., Vol. VII., pp. 199, 200.]
Nov. 17. Westminster.	1392. Privy Seal for payment of 1,200l. a year to Sir Ralph Dutton. Countersigned, Thomas Watkins. [Col. Entry Bk., Vol. VII., p. 216.]
Nov. 17. Whitehall.	1393. The King to Sir William Stapleton. Granting him leave of absence from his Government to stay in England for four months on private affairs. [Col. Entry Bks., Vol. XLVII., p. 109, and Vol. XCIX., p. 247.]
Nov. 18. Whitehall.	1394. Commission for Hender Molesworth to be Lieutenant Governor of Jamaica. [Col. Entry Bk., Vol. XCIX., pp. 248, 249.]
Nov. 18.	1395. Lord Culpeper's proposal concerning the sale of his quitrents in Virginia. The first patent of inheritance was granted in 1649 to Lord Culpeper and six others. The tract was then little seated. The old patent was surrendered, and a new one issued in 1669, since which the quit-rents have been so quietly enjoyed that the Assembly sent agents to purchase them. Besides the patent there is a lease of 1673 for thirty-one years. I now offer to surrender my lease for 7,000l. down, or to take an annual rent certain from Michaelmas 1683, or to accept Mr. Godolphin's proposal, viz., to have myself one-half and the King the other, so that I may have the rent of the moiety of the number of acres (at least two millions) well secured, to be paid half-yearly on a good fund here in England, and a moiety of the overplus over and above two million acres. Should there be less than two million acres (which I judge impossible), and the other profits not make it up in value, I am content that the half of what shall be wanting of the two millions shall be deducted out of the year's rent next after the year when the certificate of such falling short reaches England. This is in substance one and the same thing, and only hinders me from going the whole three or four thousand miles to take account of another Governor and the King's officers there, besides preventing disputes and delays. As to the overplus of years for lands to be taken up at the end of the 31 years' lease, I leave it to your Lordships. Signed, Tho. Culpeper. Copy. 3 pp. Endorsed. [Col. Papers, Vol. LII., No. 56.]
Nov. 19.	1396. Journal of Council and Assembly of Antigua. Letter from Governor Edward Powell, saying that he is too ill to attend, but empowering the senior Councillor to propose certain matters contained in Governor Stapleton's instructions to him, chief of which is the appointment of a Committee of both Houses to amend the Act of Extent. Message from the Council conveying the sense of this letter to the Assembly. Answer of the Assembly agreeing to all other matters, but asking for the Act of Extent to be sent to it for the consideration of the whole House. Reply of the Council that the Act is too long to be transcribed in time, but offering to refer it to a joint committee of six. Committee appointed accordingly. [Col. Papers, Vol. XLIX., No. 81.]
[Nov.]	1397. State of the proceedings against the Bermuda Company. The original articles of complaint against the Company were preferred on 5th July 1679. The Lords of Trade and Plantations reported on the case on 29th October 1679; and on the Company's refusal to accept the decision of the Lords it was ordered on 21st January 1680 that a quo warranto should be brought against the Company's charter. On 20th December 1681 a vigorous prosecution of the quo warranto was ordered. Then came the complaint of the long delay, and an Order in Council was given that a new quo warranto should be brought, which was done, and still remains under prosecution, without any effect. A farther petition of the inhabitants for the King's protection was referred in May last to the Attorney General for his opinion. He reported that there was nothing in the charter which forbade the King to dispose of the Militia or to constitute a Governor. Since then another petition has been presented showing that the Company has not yet appeared, and has refused to permit copies of records to be taken. Memorandum.—Mr. Secretary Jenkins having reported to the Lords of Trade and Plantations that the Bermuda Company intended to send out a new Governor and ask the King for letters to countenance and support him, their Lordships were of opinion that no such letters should be granted until the quo warranto has been brought to a final issue. 5 pp. Undated and unsigned. [Col. Papers, Vol. LII., p. 57.]
	1398. Rough draft of foregoing, with corrections. 10 pp. [Col. Papers, Vol. LII., No. 58.]
Nov. 20.	1399. Opinion of the Attorney General as to the proceedings against the Bermuda Company. That a quo warranto be issued and that the prosecutors thereof inspect the records of the Company and take copies. Signed, R. Sawyer. Copy. 1 p. Endorsed. [Col. Papers, Vol. LII., No. 59.]
Nov. 20.	1400. Journal of Assembly of Virginia. The day was consumed in the wrangle between the two Houses over the swearing of the Clerk of Assembly, and the appointment of joint committees. The Council sat till 7 p.m.
Nov. 21.	After further wrangling, Thomas Milner was sworn Clerk of the Assembly. The burgesses sent up a list of a committee of grievances and propositions, and requested the nomination of members of Council thereto.
Nov. 22.	The burgesses sent up lists of further committees with the same request. The Lieutenant Governor refused the request and rebuked the burgesses. The burgesses replied by an address, saying that as the Council had yielded about the clerk, it might as well yield on the question of joint committees. The Lieutenant Governor in answer proposed that the question should be put off till next session, and that meanwhile the burgesses should get to work.
Nov. 23.	The burgesses resumed the dispute, and quoted a precedent for joint committees.
Nov. 24.	The Lieutenant Governor demolished the precedent and persisted unanimously with the Council in refusing to entertain the proposal. The burgesses reiterated their request as before.
Nov. 25.	The Lieutenant Governor proposed a conference between the two Houses, which was accepted. [Col. Entry Bk., Vol. LXXXV., pp. 15–26.]
Nov. 21.	1401. Minutes of Council of Virginia. In view of the attacks of the Indians, Colonel William Byrd was requested to repair to Chickehominy or Rappahannock Indian Fort and treat with the Senecas; which he consented to do and therefore received the thanks of the Council. [Col. Entry Bk., Vol. LXXXIV., pp. 183, 184.]
Nov. 21. Plantations General.	1402. Lords of Trade and Plantations to the Governor of Barbados. It appears that there are upwards of two thousand bonds delivered to you and your predecessors in Barbados by masters of vessels, and that on these bonds there is a sum of over 200,000l. uncertified for. You are therefore with the assistance of the King's collector, to ascertain upon which of these bonds the condition prescribed by the Act of Navigation has been performed, and cause those in which the condition has not been fulfilled to be put in process. In future it is a standing rule for you to prosecute all bonds for which certificates are not returned within convenient time, and to admit no persons but such as are sufficient as sureties therein. You will also see that masters of ships enter them with the King's collector as well as the naval officer, and to prevent forged cocquets you will see that cocquets for England are produced before unloading. Also no European goods are to be landed without warrant from the collector; and masters before being permitted to unload must produce certificates of their bonds. Signed, Ailesbury, Bath, Clarendon, Craven, Bridgewater, Huntingdon, Radnor. Copy certified by Francis Gwyn. 2½ pp. Endorsed. [Col. Papers, Vol. LII., No. 60.]
[Nov. 21.]	1403. Petition of Samuel Hanson to the King and Privy Council. Two days ago I was served with a copy of an order requiring me to decide by to-day whether I should proceed against Sir Richard Dutton at law for the matter contained in the last two appeals, or await the decision of the King and Committee of Trade and Plantations. I have never questioned the King's justice, but I am advised that the Committee will not award damages. I should have waived my proceedings at law, however, were it not that (1) Sir Richard Dutton has been empowered to examine witnesses in Barbados on both sides, (2) that the King's order declares that unless I release Sir R. Dutton from the prosecution at common law my appeals before the King and Council will be dismissed. I have tried all means to settle matters amicably, and on the first cause accepted for peace's sake, and at a great sacrifice, the proposals of Sir Richard's solicitor. I beg therefore liberty to proceed at common law against Sir Richard, without the Attorney General's being appointed by the King to defend him, or that if I stay the law proceedings till the petition be heard by the King in Council, I may not be obliged to give Sir Richard release from the prosecution; also that I and my witnesses may be allowed to live in Barbados in peace, and that the captain that brought me may not be molested till the causes be heard. 2½ pp. Copy. Endorsed and inscribed. Recd. and read 21 November 1683. [Col. Papers, Vol. LII., No. 61.]
Nov. 22. Nevis.	1404. Sir William Stapleton to the Chevalier de St. Laurens. I have received your letter, making two complaints (see ante, No. 1381). In reply to the first, I answer that there is not a word of truth in the statement of the Governor of St. Thomas, except that the ship was burned. She was well armed, with thirty-two cannon and six patararoes, and after she was set on fire there were thirty-two guns as regularly fired with bullets as if a gunner had fired them. She had seventeen men on board when boarded, who swam ashore. How then could Captain Carlile command the five or six pirates ashore? The Governor's notice is notoriously false. When the captain modestly demanded the ship, the pirate and the castle fired on him; and I have it under the Governor's own hand that he declared her to be a frigate of the King of Denmark. As to your second complaint, I may tell you that there is not a single sloop armed for war, or ordered against the Indians, in the whole of my government. You ask satisfaction, but you give me the opportunity to demand the like of you for the foul deeds and robberies of the Frenchman John Hamlin on La Trompeuse. He landed forty-six Frenchmen at Dominica, and the seventeen men on board when she was burned were all French. Whatever you answer to this must be also my excuse, or this, that I cannot punish men unless they are in my power and jurisdiction. Rogues carry all sorts of colours. To avoid needless differences, I may tell you that a third part of the King my master's fleet wears the white ensign. If I knew the name of the sloop or the master I would gladly write to Jamaica and Barbados in the hope of giving you satisfaction. I must ask you also for the restitution of four negroes that ran away from hence to St. Thomas and were carried to St. Croix. Your order alone is wanting. Signed, Wm. Stapleton. Copy. 2½ pp. Endorsed, Recd. 12 Feb. 1683/4. [Col. Papers, Vol. LII., No. 62.]
Nov. 22. Christian's Fort, St. Thomas.	1405. The Governor of St. Thomas to the Governor of Tortola. "Governor Biss, my wife is now arrived, with great satisfaction to me and the whole country, having brought me the King's commission more ample than ever was yet sent from His Majesty to this place. And also there will be a frigate sudden[ly] with men and ammunition, and with other recruits. Therefore this is to let you know the King has given me as great a command over St. John as over St. Thomas, they being both named in particular in my commission with the Island adjacent. Therefore I intimated this much to you that you may not intrude upon my government, for you may be [sure] I will defend my King's right as much as in me lies, but if I can serve you or any of our neighbours in the capacity that I am now in, you may be sure of the hearty friendship of your affectionate friend and neighbour, A. ESMIT.
	Postscript.—I have received yours this instant, and I heartily thank your honour for your advice. I do not serve the Dutch nor their Manneceats [?]. Wherein I can do you service you may freely command your affectionate servant, ESMIT. You shall hear from me more at large suddenly." Holograph. 2½ pp. Addressed to the Honble. Corn. Biss, Governor of Tortola. Endorsed in Sir W. Stapleton's hand: "Recd. 15 April 1684." [Col. Papers, Vol. LII., No. 63.]
Nov. 22. James City.	1406. Nicholas Spencer to Sir Leoline Jenkins. The only news of importance since my last is of an inroad made by the Senecas on the settlements of this country. The principal aim of these Indians is the destruction of our neighbouring Indians who are within our borders. Their safety and protection is of great concern to us and we are taking care to preserve it, for should they be destroyed we should be more openly exposed to the designs of of foreign Indians. It has been long our policy to preserve these neighbouring Indians and yet to avoid open breach with the Senecas, and our plan has been to combine two or three Indian towns into one, thereby doubling their strength, and to supply them with arms and ammunition to defend themselves. They are so encouraged by this that they fight to the last man. Lately one of their forts when taken contained but three men alive. Should the Senecas succeed in reducing them it will be very serious for us, for the Senecas are a powerful and warlike nation. We endeavour, by our ranging parties of horse, to ensure the safety of our inhabitants in the frontier counties, which so far has been successful, though some few isolated houses have been rifled. Signed, Nicho. Spencer. 1½ pp. Endorsed. [Col. Papers, Vol. LII., No. 64.]
Nov. 23. Whitehall.	1407. Order of the King in Council. That since Samuel Hanson elects to proceed with his prosecution by common law, his appeals be forthwith dismissed; also that the setting of a new fine upon Hanson for his original offence be remitted to the Court of Grand Sessions in Barbados; also that the bond of the captain who brought Hanson over be forthwith put in suit; also that Sir Richard Dutton return his answer to Hanson's articles of accusation on the 30th instant. [Col. Entry Bk., Vol. VII., pp. 210, 211.]
[Nov 23.]	1408. Answer of Samuel Hanson to the King and Privy Council. Elects to proceed against Sir Richard Dutton at common law, and requests that Sir Richard may be called upon to put in bail and answer to the charges exhibited against him at the Board of Trade and Plantations on the 16th instant. Copy. 2 pp. Endorsed and inscribed. Recd. and read 23 November 1683. [Col. Papers, Vol. LII., No. 65.]
[Nov. 23.]	1409. Articles of high misdemeanour exhibited against Governor Sir Richard Dutton by Samuel Hanson. Preliminary statement, that the Island has always been loyal, and would always have been liberal with supplies if Sir Richard Dutton and his predecessors had not always preferred and promoted their own advantage and that of their relations and servants. Article 1. Sir Richard turned out some of the best judges in the Island and put unfit persons in their places. He also, contrary to precedent, disposed of most of the beneficial offices formerly granted by the judges and colonels, to make room for relations and servants of his own. He turned Mr. George Hannay, who fought at Worcester, out of the clerkship of the Bridgetown Court, and put in Rawlins, one of the musicians he brought with him from England, in his place. He denied patentees admission to their offices and kept his own relations therein. (2) He set up a surrogate in the Island which was never done before, and made the same Rawlins collector of that Court. These sent for all the ministers and schoolmasters, made them produce their orders and refused to restore them except on payment of heavy fees. The Governor promised that these fees should be restored, but they have not been. (3) The Governor has added a prayer to the prayer-book and ordered it to be read before the prayer for the bishops, had not the ministers objected. He afterwards ordered it to be read in the place appointed by rubric. Here follows the prayer for blessings on His Excellency, Sir Richard Dutton, knight, and on the whole Council. (4) He has at the General Sessions imposed heavy fines without the concurrence and against the opposition of the Council, and levied such fines in spite of an address of the Assembly; and when a petition for writ of error was presented, he put it in his pocket and would not suffer to be read but turned the petitioner rudely out of the Council Chamber. (5) He frequently commits people to custody by warrant and keeps them there till next sitting of Council, whereby they have been imprisoned days and weeks without being examined and heard. He did so to one who refused to swear against himself and held him to 10,000l. bail. (6) He has illegally assumed the office of a Judge of the Admiralty, received libels against ships and condemned them, he being a party interested, receiving by statute one-third of every ship condemned. This was particularly seen in the case of the ship Berkshire. (7) The King having given a Spanish ship leave to trade and buy negroes in Barbados, the Governor exacted six dollars a head for every one of a thousand negroes sold. (8) He has been arbitrary in probate of wills, refusing the executors appointed by testators, and appointing others, and thus once forcing an estate from the possession of the person named by the testator. (9) He will not permit the Council to be under an oath duly to administer justice, nor suffer them to hear causes and proceed to judgment according to former usage. (10) He has since his arrival pressed the Assembly so hard for money that he has almost thrown the country into a flame. Within the last two years he has taken, besides what he receives from the King, 3,000l. in presents from the Assembly, 1,500l. by his imposition on the negroes already mentioned, 2,050l. for house and grounds, or in all 6,550l. The first item was granted for paying the expenses of the Grand Sessions, at which all the gentry attend; but Sir Richard let the gentry pay their own charges the first time, the second time held no session at all, and the third put in no appearance but pocketed the money. He was very grasping to obtain the last 500l. of it, though it was strenuously opposed, for the money was needed for repair of fortifications. Again, when he went to England, he let Government House. (11) He obstructed the passing of an excise on liquors, wishing so easy a mode of collection to be kept for his own presents. (12) He then, after the Assembly had made a grant to the King from another source, secured that the excise should be imposed for his own benefit. (13) The Assembly, for the King's and the Island's benefit, laid a duty on every negro shipped off the Island by the Spaniards. Sir Richard would not pass it till they had imposed the excise for the present to himself. (14) He has violated the law for deciding disputes about the rights to negroes. (15) He has arbitrarily and illegally imprisoned Thomas Hyatt. (16) He kept all the ships in the harbour waiting for three weeks till he was ready to sail with them, but when he got to sea left them to take care of themselves, and this when war was expected. No one who can leave the Island will remain on it if Sir Richard Dutton stays there as Governor. Copy. 13½ pp. Endorsed. Read in Council 23 November 1683. [Col. Papers, Vol. LII., No. 66.]
Nov. 23.	1410. Sir Richard Dutton to Sir Leoline Jenkins. Mr. Hanson having been ordered to elect whether he shall proceed against me at common law or by his appeals, I beg that if he choose the former the King will order the matter of his indictment in the affair of the guns to be re-heard either at the Council Board or in Barbados. If he sticks to his appeals, I hope that he may be required to give security to abide the determination of the Board, without which the decision will be of no effect, the King's Governors worse off than ever, and Hanson the only person unbound by that decision. Signed, Ri. Dutton. Holograph. Endorsed. [Col. Papers, Vol. LII., No. 67.]
Nov. 23. Whitehall.	1411. The King to the Governor and Council of East New Jersey. Confirming the disposal of East New Jersey to James, Earl of Perth, John Drummond of Londie, Robert Barclay of Urty, Robert Gordon of Cluny, and twenty others, and charging all other persons concerned to obey the laws made by these grantees. Countersigned, Sunderland. [Col. Entry Bk., Vol. XCIII., pp. 171a, 172.]
[Nov. 24.]	1412. Petition of Henry Killegrew to the King. The King in 1662 granted to petitioner and Robert Dungan certain forfeited lands in Bermuda. Petitioner sold the same to Sir George Waterman. Colonel Thomas Howard, however, has lately obtained a grant thereof. Prays that the lands may be granted to one Noden, who bought them from Sir George Waterman, or petitioner will be ruined. 1 p. Inscribed below, Whitehall, 24 Nov. '83, with a blank for an order, and below it the signature, L. Jenkins. [Col. Papers, Vol. LII., No. 68.]
Nov. 26.	1413. Extract from a letter from Captain Tennant, His Majesty's ship Guernsey, to Lord Dartmouth. I have been cruising after pirates ever since my last; I have not had the fortune to meet with one, but I keep them off the coast. There are four or five considerable ships in this country commissioned by the French against the Spaniards, who have lately burned a great galleon and plundered a considerable colony called Labor de Cruse [La Vera Cruz]. On the 24th ultimo I redeemed eight English captives at Santa Martha, who were condemned to die that day. They had been rigorously treated; and the Spaniards on all their coasts serve us rather as enemies than friends. Some that I met I could hardly judge whether they were friends or enemies; and if they find us weak enough they will not scruple to fight us. Dated, Port Royal, Sept. 11. Copy certified by John Grahame. 1 p. [Col. Papers, Vol. LII., No. 69.]
Nov. 27.	1414. Journal of Assembly of Virginia. The dispute, over the joint committees (see ante, No. 1400) was resumed, the Lieutenant Governor again charging the burgesses to get to business.
Nov. 28.	The burgesses replied that the business which most nearly concerned them was the appointment of joint committees.
Nov. 30.	The Lieutenant Governor read the burgesses another lecture. The burgesses replied by a request that Robert Beverley might be released from custody to furnish them with some papers that they needed.
Dec. 1.	The burgesses by address repeated their request for joint committees.
Dec. 2.	The burgesses recalled their address of the previous day. A compromise was arranged. Robert Beverley was permitted to stay in the town until he had furnished the burgesses with the information desired; but a petition from him brought up by some of the burgesses was returned. [Col. Entry Bk., Vol. LXXXV, pp. 26–35.]
[Nov. 28.]	1415. Report of Sir John Churchill to the Commissioners of the Duke of York's revenue. As to the charges of misbehaviour against Sir Edmund Andros, eight in number, we do not think that Governor has misbehaved himself or broken the trust reposed in him by the Duke of York, nor defrauded or mismanaged the revenue. So also as to the four charges against Captain Dyre, we find nothing against him; and we have reason to believe that he and Sir E. Andros have behaved themselves very well in their several stations, for Mr. Lewin has been most industrious in investigating the complaints of the inhabitants against them. Signed, J. Churchill. Four large pages. Printed in New York Documents, Vol. III., pp. 314–316.] Attached,
Nov. 28.	Order of the Governor and Council, prohibiting all vessels from entering any harbour between the Kennebec and St. Croix without entering and clearing at Pemaquid.
	Order of the Governor and Council, permitting settlers to take up land without quit-rent between St. Croix and the Kennebec at one shilling rent for one hundred acres, and without liability to arrest for debt for seven years. Signed, John Spragg, Secretary. [Col. Papers, Vol. LII., No. 70.]
Nov. 29.	1416. Minutes of Council of St. Christophers. Order for a joint committee to examine the accounts of the treaty of neutrality and of the late Indian expedition. [Col. Papers, Vol. L., No. 98.]
Nov. 29.	1417. Minutes of Council of Virginia. Order for the Katherine sloop to be paid off and laid up, she having failed to fulfil the expectations entertained of her. Order for all collectors to endeavour to provide at their entry of ships for a thousand weight of shot, bullet, carbine and pistol, as security against the Seneca Indians. Order that the Rappahannock and Nanzattico Indians be encouraged to unite, and that a party of horse escort them on the march. Order, that, to secure the frontier against the Indians, Colonel Byrd have a party of horse in readiness in Henrico County, and Colonel Hill be ready to help him from Charles City County, also that Colonel Byrd help the Appomatox Indians if they need it. [Col. Entry Bk., Vol. LXXXIV., pp. 184–186.]
Nov. 30.	1418. Sir Christopher Musgrave to William Blathwayt. I have received the account of the King's stores in Virginia and the value of them. What induced those gentlemen to set so small a rate on them I cannot imagine. I have sent for the true value, also an account of all stores sent there since 1676, for which they have returned no account to the office of Ordnance. Signed, Chris. Musgrave. 1 p. Endorsed. [Col. Papers, Vol. LII., No. 71.]
Nov. 30. Nevis.	1419. Sir William Stapleton to Lords of Trade and Plantations. The Spaniards, according to their wonted practice, have taken the Africa sloop, belonging to the Royal African Company's Agents, and another boat belonging to Colonel William Burt of this place, which I sent with the King of Denmark's packet according to the King's orders. They were taken in the precincts of this Government betwixt Tortola and St. John, both of the Virgin Islands mentioned in my commission, and inhabited by a small number of English. The master of the Africa, one George Stanley, they have sent from Porto Rico to Old Spain, falsely pretending that he tried to take the Spaniard and fired the first shot, which if he did was no crime, for there are so many rogues upon the sea; but I am sure of the contrary, for he was returning hither at the close of the hurricane season, and was fired at first by the Spaniard in sight of the people of Tortola. If Captain Carlile and the Frances were returned (who I hear was in the hurricane of 7th October in Barbados), I would go to assert the King's right in the Virgins, and modestly demand satisfaction and restitution of the Governor of San Juan de Porto Rico. I hope Captain Carlile is well, either at Jamaica, if he has lost his mainmast, which was defective, or on the coast of Cracos, first to careen the Frances and then to search for pirates. I should have reported this Spanish insult earlier, but that it was concluded that it was the work of pirates. I have heard nothing yet of my leave of absence. I shall not make use of it if the rumour of war between Spain and Holland or any nations be confirmed. I am too bold in asking again for the soldiers' arrears and my own. The indigency of the men, the sight of the new recruits, and the contrast presented by the French soldiers, make me the more importunate. Pray peruse the letters that have passed between the French General and myself (see ante, Nos. 1381, 1404). Holograph. 1½ pp. Endorsed. Recd. 12 Feb. Read 11 March 1683/4. [Col. Papers, Vol. LII., No. 72, and Col. Entry Bk., Vol. XLVIII., pp. 114, 115.]
Nov. 30.	1420. Commission issued by John Witham to Edwyn Stede, Robert Davers, Henry Walrond, and Stephen Gascoigne to be Barons of the Court of Exchequer and Court of Pleas of the Crown, with the oath of office administered to them. 2 pp. Endorsed. Recd. 15 Feb. 1683–4. [Col. Papers, Vol. LII., No. 73, and Col. Entry Bk., Vol. VII., pp 230–232.]
[Nov.]	1421. The King to Sir Richard Dutton. We have authorised Sir William Stapleton to make war on the Carib Indians, and to require you to contribute your assistance in subduing them. You will therefore concert measures with him, which you are hereby empowered to carry out. And, since the Islands of St. Vincent and Dominica by their nearness give you a particular opportunity of attacking the Indians there, we rely the more upon you for the execution of that service either with or apart from Sir W. Stapleton, but in any case we require you to do your best to aid him in driving the Indians to the Main. Draft. 2 pp. [Col. Papers, Vol. LII., No. 74.]
[Nov.]	1422. Reasons offered to Mr. Secretary Jenkins against the King's granting a letter of approbation of a Governor chosen by the Bermuda Company. A quo warranto has been brought against the Company. The Attorney General being refused permission to mend his plea, the Lords ordered a new quo warranto to be brought in Easter term last, which was accordingly done. The Company was summoned, but has not yet appeared. No such letter was ever granted before, and, if now procured, it would be prejudicial to the quo warranto by seeming to contradict it. The Company has attended Lord Sunderland to procure the letter, but his Lordship, for some reason best known to himself, has not done it. The whole business of the Company now lies by the King's order before the Privy Council, but of late the Lords have not met, being taken up with business of greater importance. ½ p. Endorsed, but undated. [Col. Papers, Vol. LII., No. 75.]