|
| Oct. 21. |
Henry Guy to the officers of the Mint. The Lords
of the Committee for Trade and Foreign Plantations
will meet next Saturday. You are to attend them
then with your reply to the paper which I sent you
on the 19th inst. concerning a Mint in New England. |
Out Letters (General) IX, p. 444. |
| Oct. 22. |
Same to the Auditor of the Receipt to issue (out
of the money of the Letter Office) 200l. to me [Guy]
by way of advance for secret service. The warrants
for the regular issue thereof shall be sent as soon as
passed. |
Disposition Book V, p. 43. |
|
Same to the Navy Commissioners, returning a bill
of lading of stores shipped on the William and
Robert for the use of his Majesty's ship Mary Rose
at Barbados. You are to certify, as usual, at the
foot thereof that said bill is true and that the stores
are actually so shipped. |
Out Letters (General) IX, p. 445. |
|
Same to the Attorney General to report on the enclosed
reasons [missing] offered by the Solicitor General
why the warrants for discharge of baronets' fees
should be directed to him as well as to you: as also
on the Commission of James I for creating that
dignity. |
Ibid. |
|
Same to the Customs Commissioners to send an officer
to the Spanish Agent's house in Maiden Lane to
seal a bed and 12 chairs which are to be transported,
Customs free, to the Governor of Flanders. |
Ibid. |
|
Same to same. The Lord Treasurer has received your
report of the 11th inst. on the petition of Treglyth.
I herewith send you the informations [missing] of
Mytton, Morgan, Wallsh and Treglyth (relating to
said Treglyth). |
Ibid. |
|
Same to same to report on Lord Dartmouth's letter
[missing] on behalf of Mr. Wightman for discharge
of a seizure of two small bells belonging to him. |
Ibid. |
|
Royal warrant to the Attorney or Solicitor General
for a great seal for a grant to Richard Graham and
Richard Allibon of an annuity or yearly pension of
250l. per an. each: to be payable quarterly out
of the Post Office as from June 24 last: the
pension to Graham to be for the natural life of
Sir Samuel Morland and if the said Morland
shall die within six years from said June 24
last then to hold the same for six full years from said
June 24 last: the present grant being by reason
that Charles II by a great seal dated 1661, Aug. 22,
granted to said Morland an annuity of 500l. out of
the General Letter Office for life as from 1661,
June 24, or in case of his pre-decease then for 31
years from said date: which said annuity did afterwards by several mesne assignments and conveyances come to and vest in Richard Graham for the
remainder of the term thereof; and by the Act of
I James II, c. 12, for consolidating the present
King's title in the Post Office etc., there is no saving
clause for said Morland's annuity; and for the
clear extinguishing of the said annuity the said
Graham has with the consent of Richard Allibon
surrendered to the King the right which they or
either of them had therein. |
King's Warrant Book XI, pp. 153–7. |
|
Similarly the pension or annuity to said Allibon
is to be for the life of James Corker, of the parish
of St. Mary, Savoy, alias Le Strand, gent., or for six
years as above in case the said Corker die before
the end of the six years. In case the revenues of
the Post Office shall be paid into the Exchequer
then any arrears of the pensions as herein are to be
paid out of such Post Office money in the Exchequer
or by tallies of assignment on the Postmaster General.
And in regard that divers payments have been made
on the abovesaid [Morland's] annuity of 500l. per
an. by direction of the Lord Treasurer since the
passing of the abovesaid Act of Parliament, viz.,
up to June 24 quarter last, the said payments so made
are hereby allowed and are to be passed in the
accounts of the Receiver General of the Post Office. |
|
| Oct. 22. |
Money warrant for 1,240l. 16s. 0d. to Philip Burton,
as imprest for Crown Law charges. (Money order
dated Oct. 23 hereon.) |
Money Book VI, p. 408. Order Book I, p. 150. |
|
Same for 955l. to Beville Skelton, esq., as Envoy
Extraordinary to France; being 500l. for equipage
and 455l. for a quarter's ordinary in advance.
(Money order dated Oct. 25 hereon.) |
Money Book VI, p. 408. Order Book I, p. 152. |
|
Same for 300l. to Henry, Earl of Peterborough, for
last Michaelmas quarter on his annuity as Groom of
the Stole and in that respect First Gentleman of the
Bedchamber. (Money order dated Oct. 27 hereon.) |
Money Book VI, p. 408. Order Book I, p. 152. |
|
Same for 150l. each to the following for same quarter
as Gentleman of the Bedchamber: viz., Charles,
Duke of Somerset (privy seal for his annuity being
dated 1685, June 23); Henry, Duke of Beaufort
(privy seal dated 1685, June 30); James, Earl of
Ossory (privy seal dated ditto); James, Earl of
Arran (privy seal dated 1685, July 23); Thomas,
Earl of Ailesbury (privy seal dated 1685, Nov. 25);
Henry Edward, Earl of Lichfield (privy seal dated
1685, June 30); Lewis, Earl of Feversham (privy
seal dated 1685, July 31); John, Lord Churchill
(privy seal dated 1685, July 8). (Money orders
dated Oct. 26 hereon for the Earl of Feversham;
Oct. 27 for the Duke of Somerset, and Earl of
Ossory; Oct. 29 for Lord Churchill; Nov. 8 for
the Earl of Ailesbury; Nov. 6 for the Earl of Arran;
Nov. 9 for the Duke of Beaufort; Nov. 15 for the
Earl of Lichfield.) |
Money Book VI, p. 409. Order Book I, pp. 151, 154, 156, 157, 159. |
| Oct. 22. |
Money warrant for 100l. each to the following for
last Michaelmas quarter as Grooms of the
Bedchamber, viz., Heneage Finch, Francis
Russell, Richard Leueson, Oliver Nicholas,
Henry Slingsby, James Fortrey, James Griffin,
David Lloyd; all the privy seals for their annuities
being dated 1685, June 30. (Money orders dated
Oct. 25 hereon for said Slingesby and Oct. 26 hereon
for the rest.) |
Money Book VI, p. 409. Order Book I, p. 150. |
| Oct. 23. |
Same for 142l. 11s. 3d. to Seth, Bishop of Sarum,
Chancellor of the Order of the Garter, for last
Sept. 29 quarter on the annuity for the support of
the honour of that Order. (Henry Guy, dated same,
to the Customs Cashier to pay same [out of Customs
money].) |
Money Book VI, p. 410. Disposition Book V, p. 44. |
|
Warrant by Treasurer Rochester to Philip Burton to
pay, out of Crown Law charges moneys, 526l. 16s. 0d.
to Thomas Hall, first Secondary in the King's Remembrancer's Office, as in full of moneys due to him on
eleven bills for the fees and charges on several proceedings at law and equity from Trinity term, 1682,
to Hilary term last. |
Money Book VI, p. 410. |
|
Same by same to same to similarly pay 714l. 10s. 0d.
to Philip Ward, gent., one of the Clerks in the Office
of the Pleas of the Crown in the King's Bench as
in full of his bills of fees and charges in the prosecution of several suits from 1682, Michaelmas, to
1685, Easter term. |
Ibid. |
|
Henry Guy to the Customs Commissioners to report
on the enclosed letter [missing] of the 19th inst.
from the Earl of Derby to Treasurer Rochester. |
Out Letters (General) IX, p. 446. |
|
Same to Sir Christopher Wrenn, enclosing Col. John
Beaumont's petition for repairing one of his
Majesty's houses in the Mews assigned to him in
right of his place. You are to survey the premises
and report as to the desired repairs. |
Ibid, p. 450. |
|
Reference by Treasurer Rochester to the Customs
Commissioners of the petition of Joas Bateman for
discharge of a parcel of stockings which he entered
for Spain, being accidentally short entered for
which reasons they are seized by Capt. Le Neeve. |
Reference Book III, p. 390. |
|
Same by same to same of the petition of Edwd. Rowe
for employment in the Customs, he having been
formerly a Surveyor of Customs at Newcastle, but
quitted same to attend his other business, but is
now out of employ. |
Ibid. |
|
Same by same to same of the petition of Tho. Crump,
purser of the ship Barnardiston; setting forth that
coming from the East Indies and being off Plymouth
he met a small pink of Liverpool, "the master
whereof promising to go into the Downs [petitioner]
put a small parcel of goods on board the said pink
to the intent the petitioner might have them exposed
to sale sooner by two months than if they had gone
up the river," but on coming into the Downs same
was seized by an officer: therefore prays to have
said goods entered and restored. |
Ibid. |
| Oct. 23. |
Reference by Treasurer Rochester to William Hewer
of the petition of Hugh Davies, drum major at
Tangier in Col. Trelawny's Regiment; praying payment of 20l. 6s. 2d. due to him besides [i.e.
after] all deductions for his service at Tangier. |
Reference Book III, p. 390. |
|
Same by same to Sir Christopher Wren of the petition
of Francis Jenkes, shewing that the Duke of
Buckingham granted as a security for debt, owing
by him to petitioner, a piece of ground adjoining
Spring Garden, and petitioner let the same out to
be built, but that by order of the Lord Treasurer
a stop has been put to that part of the building that
adjoins to Spring Garden: therefore prays the removal of said stop. |
Ibid. |
|
Same by same to Sir Robert Sawyer, Attorney
General, of the petition of Sir Bernard Gascone,
Receiver [Farmer] of the duty of 5s. per ton on
French vessels lading or unlading passengers
in England: petitioner shewing that his Majesty
lately granted to the vessels belonging to
French Protestants all rights as if they were
English subjects; whereby petitioner conceives
it to be the King's intention that they shall not be
liable to pay the said duty of 5s. per ton as all
other French vessels do: that his Majesty's revenue
will be much lessened by the illegal practices of
several vessels who sail with part English and part
French seamen and being owned by part English
and part French pass in France for French and in
England for English without paying the [5s.] tonnage
duty in either: therefore prays that all masters
of ships coming from France to load or unload in
England may be liable to said duty of 5s. per ton
as French in England if they cannot produce a
certificate under the hand of the officer that receives
the 50 sous per ton duty in France that they have
paid it as Englishmen. |
Ibid, p. 391. |
|
Same by same to the Customs Commissioners of the
petition of William Martyn of Plymouth, who bought
the ship Lyon of Amsterdam (of Canary, the Algiers
man-of-war) and her lading of wine and brandy:
petitioner praying that in regard of her being leaque
[leaky] he may have liberty to unload her goods
to mend the leaques and so to proceed to another
part [of the world] or to have liberty to unload such
of the goods as are good, on payment of Custom. |
Ibid. |
|
Same by same to same of the petition of John Alleway
of Bristol, mariner, shewing that being bound with
his vessel from Barbados to the Cape de Verde
Islands said vessel was taken from him by pirates;
that afterwards the pirates put his ship's company on
board a foreign built vessel, and coming afterwards
to Barbados with that vessel it was seized and
condemned in the Admiralty as prize; that petitioner bought the ship of the Governor, as appears
by certificate annexed, and loaded her with sugars
and cottons; that on arrival here said ship has
been stopped and questioned whether she should
pass as a free ship because in the adjudication it is
not expressed that she was taken by letters of
mart [marque] and reprisal: therefore prays that
Sir John Shaw [Surveyor of the Navigation Act] may
be ordered to register said ship [as native] and
grant a certificate so that she may pass as free. |
Ibid. |
| Oct. 23. |
Reference by Treasurer Rochester to the Customs
Commissioners of the petition of Tho. Richardson
for a place as tidesman [in fee, London port] loco
Gretton or Welden; petitioner having been a
tidesman in extraordinary since Oct., 1685. |
Reference Book III, p. 392. |
|
Same by same to same of the petition of Daniell Ely
for the place of landwaiter at Plymouth loco one
Samwayes, deceased, petitioner having been always
very loyal. |
Ibid. |
|
Same by same to William Hewer of the petition of
Francis Gorman, shewing that 237l. 8s. 9d. is due
to him for his service at Tangier; that since the
demolishing of that garrison he has been out of
employment waiting his said arrears, and forced to
contract debts and to take 50l. of Mr. Hewer
"quitting all pretensions of his said arrears":
therefore praying some provision by way of pension
or employment in consideration of his loyalty. |
Ibid. |
|
Upon reading this petition in [the Privy] Council
Oct. 8 inst. it was referred to the Lord Treasurer
to inform himself of the truth of what therein
relates to Mr. Hewer, and thereupon to report to
the King. |
|
|
Same by same to same of the petition of John Taylor
shewing that Francis Carter and Robt. Owsley, late
soldiers at Tangier, were jointly indebted to petitioner in 9l. 2s. 6d. and did by letter of attorney
assign to him four years' pay in satisfaction thereof:
that said Carter also owed petitioner 8l. 12s. 1d. and
did by another letter of attorney assign his four
years' pay; and Robt. Owsley owes petitioner
2l. 4s. 0d. besides: therefore prays that said sums
amounting to 19l. 18s. 7d. may be stopped out of
their pay. |
Ibid. |
|
Same by same to the Customs Commissioners of the
petition of George Murrey and Matthew Clarke,
two coachmen to the late King; shewing that the
two eldest coachmen in the time of James I and
ever since have had the Custom [duty] of all Dutch
horses that came over for coach horses: that
petitioner Murray was coachman to Charles I:
that petitioners are ancient and the duty small
and uncertain: therefore pray to have the Custom
as formerly. |
Ibid. |
|
Same by same to same [sic for to William Hewer] of
the petition of Michael Lee, late of Tangier soldier,
shewing that he could never obtain any certificate
from his captain what arrears were due to him:
therefore praying that there may be stopped in
Mr. Hewer's hand out of said Captain's pay as well
what is in arrear to petitioner of his pay, as what
the Captain owes him. |
Ibid, p. 393. |
|
Same by same to Sir Peter Apsley of the petition of
William Taylor et al. creditors of John Rivet, brasier,
who murdered himself and whose estate was granted
by the late King to them; petitioners shewing that
78l. 1s. 2d. is due to them from the present King and
183l. from the late King: therefore praying payment. |
Ibid. |
| Oct. 23. |
Reference by Treasurer Rochester to the Navy
Commissioners of the petition of Eliza Wood,
assignee of Tho. Peachy, deceased, purser of
the ship Thomas and Francis; shewing that
her husband was bound to the King as surety
of Mr. Peachy "and he appeared a creditor,"
and she to relieve the purser's daughters did pay
them money for two bills of 120l. and hath waited
six years and now obtained order to be paid those
bills; and now there arises a demur that Mr.
Peachy is d[ebto]r to the King and a query is made
on this money, though there have been several
bills passed since and wages paid, and if any debt
arises there is a credit in the King's hands of above
200l. slop money: therefore prays that the debt
to the King may be paid out of the slop money,
and that petitioner's bills may be cleared. |
Reference Book III, p. 393. |
|
Same by same to the Customs Commissioners of the
petition of Richard Hanvile (Havile) for a place as
tidewaiter in fee [London] he having been for three
years a tidewaiter [in extraordinary]. |
Ibid. |
|
Same by same to the Auditors of Imprests of the
petition of John Ady and John Cole, Deputy
Chamberlains for joining tallies, praying payment
of 2s. per 1,000l. on the Customs moneys paid into
the Exchequer for the year ended 1685, Michaelmas;
the like payment having always been made to the
Deputy Chamberlains of the Exchequer. |
Ibid, p. 394. |
|
Same by same to William Hewer of the petition of
Tho. Gresham, executor to Sam Hodgskins, late
belonging to Col. Kirk's Regiment of Foot; shewing
that there were due to said Hodgskins at his
death two years' arrears and 21s. in part of seven
months' pay. |
Ibid. |
|
Same by same to Dr. Wynn, Warden of the Mint, to
the Mint Master and Worker and to the Mint
Comptroller of the petition of Thomas East, engraver
to [the Mint] praying payment of a bill of 112l. 10s. 0d.
for engraving a large double seal for the Court of
Common Pleas: and the following sums for silver and
engraving, viz., 82l. 13s. 6d. for a large double seal
for his Majesty's Island [sic for Colony] of New
England; 23l. 2s. 0d. for a seal for the Island of
Bermudas; 112l. 10s. 0d. for a seal for the Court
of King's Bench; 62l. 12s. 3d. for the Admiralty
seal and [the seal for the] Court of Delegates. |
Ibid. |
|
Same by same to the Customs Commissioners of the
petition of Tho. Workeman and William Knowles
for places next after the watchmen in fee; they
being sometimes set as extraordinary watchmen
when business presents; Workeman having been
in all engagements both by sea and land for their
two late Majesties. |
Ibid, p. 396. |
|
Same by same to same of the petition of William
Aylsbury, shewing that having dealt as a merchant to
Virginia and other his Majesty's islands, he has
sustained very great losses both by sea and land,
and therefore prays a warrant or licence for three
years to import some tobacco stalks from parts
which never paid any Custom: petitioner proffering to
be bound to pay 5s. Custom for every hundred
weight imported and to give a true and just accompt
thereof. |
Ibid, p. 425. |
| Oct. 23. |
Reference by Treasurer Rochester to Sir Christopher
Wren of the petition of the artificers at Windsor; shewing that there still remains due to them for their work
945l. 9s. 4¾d. which money has been allowed to Sir
Sam Morland in an account made up between him
and the King; that said Morland has agreed to
satisfy same to petitioners out of his pension, to
wit, 850l. for arrears due on his pensions at
Michelmas last, 50l. at Christmas next and the
remaining 45l. 9s. 4¾d. at Lady day next: being in
great necessity for same petitioners pray payment
of said 850l. [instanter] and of the remaining sums
at the times stated. |
Reference Book III, p. 396. |
|
Same by same to William Hewer of the petition of
Eliz. Henderson, late of Tangier: shewing that
there is 7l. due to her from two officers for their
diet at Tangier for which she had bills, but [she]
being cast away [shipwrecked] the bills were lost:
therefore prays payment of said sum. |
Ibid, p. 397. |
|
Same by same to Mr. Blathwayt [as Auditor of the
Plantations] of the petition of Robt. Feilding, Dr.
in Physick et al. the executors of William Bullock
and William Jenkins, deceased, owners of the Pearl
frigate of Bristol; petitioners shewing that said
ship served the late King in the Dutch war and afterwards was impressed into his Majesty's service at
Barbados for recovery of the island of St.
Christopher; that the late King in consideration
of the service she then performed ordered petitioners
to be paid 2,200l. out of the Four and a Half per
cent duty (the ship and stores being valued at
Barbados to be worth so much); that they had an
imprest bill for 750l. in part of the 1,430l. which was
to have been satisfied after the arrears due to Sir
Tobias Bridge's Regiment were satisfied, which
have been long since [so satisfied] and [yet] petitioners remain still unsatisfied: therefore pray
payment of said 750l. |
Ibid. |
| Oct. 25. |
Henry Guy to the Auditor of the Receipt to issue to
Treasurer Rochester 2,000l. out of Wine Licence
money now in the Exchequer. |
Disposition Book V, p. 44. |
|
Same to the Customs Commissioners to deliver
to the Duchess of Portsmouth, on payment of
Customs, goods as follows arrived from Calais in
the Fubbs yacht, Capt. Saunderson commander,
which are now in the Customs warehouse,
London. |
Out Letters (General) IX, p. 446. |
|
Appending: note of said goods (31½ dozen of gloves;
166 ounces of gold and silver lace, valued at 8s.
per ounce; eight ounces of copper lace, valued at
10s.; 14 lbs. of wrought silk, valued at 28l.; five
ells of wrought silk mixed with silver for a petticoat,
valued at 25l.; 4 lb. of fine sleeve silk; 13½ yards
of stuff made of wool, valued at 2s. per yard;
five ells of St. Quintins linen at 20d. per ell). |
|
|
Same to Mr. Darcy [Surveyor of the Great Wardrobe]
for a certificate when the liveries were last provided
for the Children of the Chapel and how long they
used to wear their liveries. |
Ibid. |
| Oct. 25. |
Henry Guy to Mr. Blathwaite. Send me Sir Robert
Robinson's instructions so that I may send them to
the Customs Commissioners for any alterations
they may desire in them relating to trade. |
Out Letters (General) IX, p. 446. |
|
Same to Mr. Sugar. Yours to hand concerning the
pretences of the Dean and Chapter of York to the
rents of certain lands belonging to the Archbishopric of York, during the vacancy of the See.
Treasurer Rochester thereon directs you to proceed
in the collection of all the rents as formerly, notwithstanding their said pretence: and you are not to
part with any of the money so collected without
Treasurer Rochester's order. You are to deliver
to the Dean and Chapter the enclosed letter from
his Lordship. |
Ibid, p. 449. |
|
Appending: said letter dated Oct. 26 from Treasurer
Rochester to the Dean and Chapter of York. I
learn from Mr. Nicho. Sugar as above that you
pretend to the rents of several manors belonging
to the Archbishopric of York sede vacante, and that
you have ordered him not to receive any more of
said rents and to pay to your use what he has
received thereof. I will by no means allow of an
order of that nature from you to the King's Receiver
who is properly under my direction; and I think
it would have become you very well if you had any
pretensions on your own behalf to have acquainted
me therewith. I have therefore repeated my
former direction to him to proceed in the receipt.
When you make out what is your right in the
matter I will have it examined and no wrong shall
be done you. |
|
|
Additional instructions by Treasurer Rochester to
the Customs Commissioners concerning the accounts
of the outports collectors and their remitting the
King's money [up to London]. (1) As the collections are everywhere increased by the new
impositions lately granted the collectors' securities
are to be proportionately increased. (2) They
are peremptorily to give to the Comptroller General
of the Accounts of the Customs a quarterly account
of their receipts, viz., at or within 14 days of the
quarter day, as they are obliged to do by their bond.
(3) At every quarter day or within 30 days thereof
they are to fully pay in [their moneys and] discharge
and clear their accounts; instead of at Michaelmas
only for the preceding year as hitherto done under
the conditions of their bond. (4) The Customs
Commissioners are themselves to see that the collectors' bonds be perfected and not leave that duty
to the [Customs] Secretary. (5) Said Commissioners
are not to rely wholly on the examiner for the
sufficiency of the said securities, but are to satisfy
themselves therein of their own knowledge so that
any fault may be laid on them, not on the examiner.
(6) When any collector is to deliver up his cash books,
debentures etc. to a succeeding collector it is to be
done by indenture between them, to be attested by
the other principal officers of the particular port.
(7) When any collector dies or goes out his bond
is not to be presently given up, though his account
may seem to be even; but the bond is to remain
for some time to answer any faults or surcharges
that may afterwards appear. (8) The monthly
abstracts of the collectors are to be returned to
the Comptroller General of Customs Accounts as
well as to the Customs Commissioners: and the
said Comptroller is to transmit same to the Lord
Treasurer for his perusal and satisfaction. |
Out Letters (Customs) X, p. 168. |
| Oct. 23. |
Report from the Customs Commissioners [to Treasurer
Rochester] on the papers as follows referred to them
Sept. 4 last supra, p. 897, being (1) the copy of
the decree of the Court of Admiralty in New England
against Joshua West, master of the ship Swallow
and against the said ship etc.; (2) the plea of the
said West to the information against him. |
Out Letters (Plantations Auditor) I, pp. 201–4. |
|
We find that by the Act of Trade of 15 Car. II,
c. 7. it is provided that no commodities of the growth
of Europe shall be imported into any his Majesty's
Plantations unless bona fide laden in England, Wales
or Berwick on forfeiture of a third to the King,
a third to the Governor of the particular Plantation
and a third to the informer. "Now it is to be noted
that the Canary Islands have in construction and
practice been constantly understood [to be] in
Europe, although sometimes laid down in the
maps of Africa: that the Madeira Islands are as
geographically within Africa as the Canaries. And
yet it seems the laws intended or supposed them
to be within Europe by the exception that is made
of them in the same Act; which would have been
impertinent if they had been understood to have
been within Asia, Africa or America. Also it is
to be noted that the trade to the Canaries is driven
on in the same manner and with the same freedom
as to any part of Spain, and in a great measure by
the product of goods immediately carried and vended
in Spain; which produceth a credit for the wines
of the Canaries, which are always understood to
be a commodity of Europe; for no man ever
heard of the name of African wines. And it is to
be noted also that the King of Spain suffers the
same liberty of trade here [in the Canaries] as he
doth to Spain and all his islands within Europe,
and denies any commerce of foreigners into any
of his territories out of Europe: which is an
argument that both he as well as we understand
it [the Canaries] to be an immediate dependant on
Spain as [being] within the European [Spanish]
government." It is also to be noted that the
Navigation Act of 12 Car. II, c. 18, contains the
like exception of these islands, which shews that
they were not to be accounted in that sense as any
part of Africa, though laid down in the usual maps
or charts of that part of the world. And suitable
to the said exception there are further provisoes in the
same Act for goods and places within the Mediterranean and Levant Seas agreeable to ancient
usages, without which, if literally construed as to
the description of maps or charts [said Act] would
have produced a great alteration and confusion
in the trade of these places. |
|
|
As to the present case of Josua West, as represented
to the King from the Judicature of New England,
no man can be a proper judge of it here, because
the matter of fact is neither proved nor disproved,
for the defendant's plea is of a mixed nature,
"alleging that besides his ignorance of a transgression
he was in alto mari not voluntary, nor actually
imported, and that there was force and violence
used upon him to cause the importation: which
if that be made appear to his Majesty or that the
defendant shall submissively disclaim and retract
that part of his plea which seems to justify the
lawfulness of carrying the goods of the Canaries to the
Plantations without first bringing them to England,
and insist only upon his ignorance in the transgression of the law, submitting himself to his
Majesty's mercy, we humbly conceive" his bond
may be discharged from further prosecution. |
|
|
Followed by: undated report by Sir Robert Sawyer,
Attorney General, on the said West's case, and on
the above report. I gave the Customs Commissioners my opinion on this case about a week since,
when they sent to me for it. The principal question
depends upon matter of fact, whether the Canary
Islands (and Teneriffe as one of them) are laid down
in the charts and maps of the world [as belonging]
to Africa or Europe; for those charts and maps
are by the laws relating to the Customs and Navigation made the standard or rule to determine in
what quarter of the world any place lies and I know
of no other rule to judge by. Now if by the charts
and maps they [the Canaries] are laid to Africa the
law will be with the defendant: if to Europe then
the importing of the wines from the Canaries to
New England will cause a forfeiture of ship and
goods. It seems upon view of the maps, as the
Customs Commissioners observe above, that the
Canary Islands are laid down in the maps of Africa
but they observe that the Canary Islands in construction and practice have been constantly understood in Europe. What they mean by "construction"
I know not. The meaning of the law must be
taken by a legal construction, and I know of none
such to adjudge the Canaries in Europe. Neither
do I believe that by any entries in the Custom
House (which must be the practice they mean) it
will appear that the Canaries are in Europe. And
the licence given by the same Act to carry
wines from the Madeiras to the Plantations
is so far from being an agreement for the
Canaries being in Europe that it seems to
argue the contrary [viz.] that those islands were the
utmost southern bounds of Europe: for these
[Madeira] islands lying [over] against the mouth of
the [Gibraltar] Straits it might be doubted whether
they lay in Europe or Africa; whereas the same
doubt could not be of the Canaries, which lie more
southward near the coast of Africa. And the clause
out of the Navigation Act which the Customs
Commissioners insist upon as an exception of the
Canaries is, with submission, mistaken by them
for it is no exception out of the prohibitary clauses
against importing goods of Asia, Africa or America,
save in English shipping, but it is a provision or
saving out of another clause in the Act, that the
commodities shall be immediately brought from
the port or place of growth; by which saving the
commodities of the Canaries may be brought from
any port. But in the other part of the case 1 concur
with the Customs Commissioners that if the ship
were seized upon the high seas and carried into
port there would be no forfeiture even were the law
against the defendant on the other point. For to
[be forced to] import will not make an importation. |
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Followed by: a further undated statement of opinion
by said Sawyer. "There is nothing in the Act of
12 Car. II against such importation. It is 15 Car. II,
c. 7, that relates to this matter: and I am of opinion
that the exporting of commodities from the Canaries
which are out of Europe, to New England is no
offence within that or any other Act that I know of.
And the seizure being in New England the trial
must be there unless the ship were removed hither,
and then it might be in the Exchequer." |
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