America and West Indies
December 1684

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Institute of Historical Research

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J. W. Fortescue (editor)

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1898

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740-757

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'America and West Indies: December 1684', Calendar of State Papers Colonial, America and West Indies, Volume 11: 1681-1685 (1898), pp. 740-757. URL: http://british-history.ac.uk/report.aspx?compid=69901 Date accessed: 21 September 2014.


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December 1684

Dec. 1.1976. William Blathwayt to Roger Elletson. The King is informed that you can give valuable evidence as to goods belonging to pirates that have been embezzled in Jamaica. I send you copies of letters relating to the subject, and apprize you that as your services will be very grateful your reward will not be wanting. On the next page, A similar letter in slightly different language to Mr. White. Drafts in the handwriting of William Blathwayt. Endorsed. In all 2 pp. [Col. Papers, Vol. LIV., No. 99.]
Dec. 1.
New Hampshire.
1977. Deposition of Walter Barefoot. As to Governor Cranfield's willingness to give Waldern every facility for examining witnesses, and Waldern's acknowledgment of the same. Sworn before Richard Chamberlain. 1 p. Endorsed. [Col. Papers, Vol. LIV., No. 100.]
Dec. 3.
Whitehall.
1978. Order of the King in Council. Referring the consideration of the payment of the public debts in Bermuda to Lords of Trade and Plantations. [Col. Entry Bk., Vol. XVII., p. 109.]
Dec. 4.1979. Sir John Werden to Governor Dongan. The repairs of the forts at New York and Albany are left wholly to your prudence. Be a good husband to the Duke. So also in the matter of saw-mills, consider only the Colony's good and the Duke's profit. We think your proposal for the Duke to get the French not to trade with the Indians towards the side of New York impracticable. The French will never forbid their people a beneficial trade. Use your prudence, without shocking the Governor of Canada, to discourage the trade of the French with the Indians by attracting the Indians to trade with us. Your prudence and the advice of experienced men will be your best guides as to the building of strong places for the trade on the lakes and rivers. And let this be your rule at Pemaquid and everywhere; avoid anything that may involve us in disputes with the French. Printed in New York Documents, Vol. III., p. 353. [Col. Entry Bk., Vol. LXX., p. 353.].
[Dec. 4.]1980. Address from the Sagamores of Kennebec, and Andros Coggan rivers, to "the great and glorious monarch, the King of England, Scotland, France and Ireland, and of the Northern Continent and Islands and other great dominions in America (see No. 1863). Signed with the marks of Freonongasett (an arrow fixed to a bow), Nimbannett (a commoner mark), Wihikermett (an unusual mark), Wedon Dernhegon (an ordinary cross), Warumbee (a mark like an S), Darumkin (an ordinary cross). Broad sheet. Endorsed. Recd. 4 Dec. '84. [Col. Papers., Vol. LIV., No. 101.]
[Dec. 4.]1981. Copies of the proceedings of the Council of New Hampshire in respect of Edward Randolph and Walter Barefoot, and their efforts to enforce the Acts of Trade and Navigation, on 17th March 1680, 3rd March 1681, 7th March 1682. Also a sworn statement by Thomas Thurton as to abusive language used towards him by Richard Waldern and William Vaughan when he produced his commission from Randolph as King's Custom-house officer. 4th May 1684. Certified copy. 2½ pp. Endorsed. Recd. from Mr. Mason, 4 Dec. '84. [Col. Papers, Vol. LIV., No. 102.]
[Dec. 4.]1982. A collection of documents relating to the trials of Governor Cranfield and Robert Mason against Richard Martyn.
1982. I. Warrant to attach the goods of Richard Martyn to answer for 80l. due to Mason for fines and forfeitures and received by Martyn as Treasurer. 21st Jan. 1684. Certified copy. Attested by Richard Chamberlain. 1 p.
1982. II. Duplicate of the foregoing.
1982. III. Record of the Court of Common Pleas, Great Island, 5th February 1684. Mason against Martyn. Verdict for plaintiff, 59l. 14s. and 4l. 8s. 4d. costs. Certified copy. ½ p.
1982. IV. Record of the Court of Common Pleas of same date. Edward Cranfield against Richard Martyn for unlawfully detaining 15l. due for fines and forfeitures. Verdict for the Plaintiff with costs. Certified copy. ½ p.
1982. V. Order to Daniel Mathews, sheriff, to levy on the money of Richard Martyn for the sum due to Governor Cranfield. 22nd April 1684. Certified copy. 1 p.
1982. VI. Petition of Richard Martyn that Richard Waldern and others may contribute to pay the sum recovered of him. 1½ pp. Undated.
1982. VII. Record of the Court of Chancery, that the petition of Richard Martyn for a contribution of what was lately recovered from him by Governor Cranfield be deferred till more members of Council can be present. 19th May 1684. Certified copy. ½ p.
1982. VIII. Summons to Richard Waldern, William Vaughan, John Gillman, Elias Stileman, and others to show cause why they shall not be equally charged with Martyn for fines and forfeitures. 19th May 1684. Certified copy. 1 p.
1982. IX. Order of the Court of Chancery that Richard Waldern, Vaughan, Gillman, Stileman, and Christopher Hussey shall be charged with this proportion of 79l. 12s. 8d., recovered against Richard Martyn. Signed, Robert Mason, Walter Barefoot. 1½ pp.
1982. X. A transcription of Nos. I., III., VI. IX. [Col. Papers., Vol. LIV., Nos. 103 L–X.]
Dec. 5.1983. Robert Mason to Lords of Trade and Plantations. I enclose affidavits in support of my letter of 20th October (see No. 1898). I have required some copies of the registers from the Trustees of the several towns, but have been refused; and I am told that they have been sent to Boston to prevent them from being produced. I am therefore unable to throw light on many things which you ought to be acquainted with. Encloses copy of his letter of 20th October.Endorsed. Recd. 31 Jan. Read 17 March 1684. [Col. Entry Bk., Vol. LXVII., p. 136, and Col. Papers, Vol. LIV., No. 52.]
[Dec. 5.]1984. A collection of papers respecting the proceedings of Robert Mason in New Hampshire.
1984. I. Depositions of Nathaniel Boulter and others that they sat on the jury in several actions of Robert Mason against the inhabitants for title of lands and gave their verdict for him. The defendants made out no title, but Mr. Mason showed great forbearance and dispossessed not one of them, but offered to grant them deeds and warrant a title if they paid a quit-rent. His kindness and clemency have emboldened many to oppose him. Sworn before Richard Chamberlain. 6th November 1684. ½ p. Endorsed. Recd. 31 Jan 84/5.
1984. II. Deposition of Henry Greene. As to the violent words spoken by Richard Waldern in court when sued by Robert Mason, for which he was afterwards fined 5l. Waldern could show no title. Weare and others appealed to the King in Council against Mason but lodged no security. Sworn as the foregoing. Same date and endorsement. 1 p.
1984. III. Deposition of Walter Barefoot to the same effect as the preceding. In all the trials not a man has produced deed, record, or evidence to show a title. 1 p. Sworn as foregoing. Same date and endorsement.
1984. IV. Deposition of Thomas Thurton. That Mr. Mason gave orders to the sheriff's officers not to levy on the body but on the goods of people in execution of his suit, and not to distrain on the goods if the people would give bond to pay in money or deal boards within three or four months. Sworn as foregoing. Same date and endorsement.
1984. V. Order of the Governor of 10th November 1684 to suspend all executions on Mr. Mason's account and his own pending the signification of the King's pleasure. Certified copy. 1 p.
1984. VI. Deposition of Joseph Rayn. Confirming the account of Mason's leniency towards those against whom he levied executions. Sworn before Richard Chamberlain, 18th November 1684. Endorsed as No. I. 1 p.
1984. VII. Deposition of the same. That Governor Cranfield gave him no orders as to the serving of executions in his affairs or Mr. Mason's, nor orders to exact fees. Sworn as the foregoing. 24th November 1684. ½ p.
1984. VIII. Deposition of James Sherlock. In confirmation of the preceding. 1st December 1684. ½ p.
1984. IX. Deposition of Daniel Mathews. To the same effect. Same date.
1984. X. Deposition of Thomas Thurton. To the same effect. Same date. [Col. Papers, Vol. LIV., Nos. 104 I.–X.]
[Dec. 5.]1985. Petition of William Vaughan and others of New Hampshire to the King. We employ vessels to fish on the coasts, and since the cession of Nova Scotia, now called Acadie, to the French, we have been permitted and licensed to fish on the coasts thereof on an annual payment to the French King's Governors of 5l. a vessel. Mons. La Vallière, the present Governor, empowered John Nelson, of Boston to issue such licences for this payment, and we hold them; but notwithstanding this, one Bergier, who pretends himself to be Governor of a small fort in Nova Scotia, did last July seize seven ketches and a sloop belonging to us, as appears by affidavits annexed. 1 p. Undated. Annexed,
1985. I. Deposition of Joshua Jackson, and others, as to the seizure of the ketch Swallow at Cape Sable, while fishing with the French King's permission, and after licence paid for to Governor La Vallière. They were carried to Cole's harbour, and kept prisoners for nine days, and then the master and another were sent with the ketch prisoners to France (see No. 1863). Sworn before Robert Mason, Dec. 5, 1684. ½ p.
1985. II. Similar deposition of Richard Williams as to the seizure of the ketch Industry.
1985. III. Similar deposition of Peter Abbot as to the seizure of the ketch Edward.
1985. IV. Similar deposition of John Devenson as to the seizure of the sloop Amity. [Col. Papers, Vol. LIV., Nos. 105, 105 I.–IV.]
[Dec. 5.]1986. Report of the Commissioners appointed to inquire into the various claims to the Narragansett country. We appointed the 22nd August as the day, and the house of Mr. Richard Smith in the Narragansett country as the place for receiving evidence. Captain John Alleyne and Mr. John Wadsworth, magistrates, appeared for Connecticut; Thomas Hinkley, Governor, represented New Plymouth in person. Messrs. Waite Winthrop, Simon Lynde, John Saffin, Elisha Hutchinson, Richard Wharton, and Joshua Lamb appeared for themselves and for the rest that claim as representatives of John Winthrop, and also Major Humphrey Atherton and partners. All gladly expressed satisfaction with your Royal Commission except the Governor of Rhode Island, which Colony, instead of assisting us, called its Assembly together to a house about a mile from the place of our sessions, and sent us a message interdicting our proceedings. This not availing they sent their Serjeant-General in a riotous manner, with a great number of horsemen, who, in a loud voice, prohibited us from holding court in any part of their jurisdiction, and ordered all persons to depart and not abet us. Nevertheless, we continued to make examination of the oldest English and Indian inhabitants for two days, and received all claims. But as no plea was presented on your Majesty's behalf, we adjourned to Boston, to meet there on 3rd September, and constitute a Committee to carry a letter to Rhode Island demanding in your Majesty's name, and for your behoof, that we might examine persons and search records; and, in particular, we summoned Randall Holden and John Green, which were duly delivered to them and to Governor Coddington. With what contempt for your Majesty's Commission they received it will be related in a separate narrative by Mr. William Wharton. On the 3rd September we re-opened Court, but no one from Rhode Island appeared, so Mr. Richard Wharton and partners exhibited a printed book containing a deed of 19th April 1664, being the subjection of the Sachems, Pessicus, and Connonicus to your royal father. Beyond a short memorial thereon in the same book, Mr. Richard Wharton could offer no other evidence on your behalf, nor has any been offered by any other hand. But by this, and by other documents, we find that the purchases, possessions, and improvements made by your subjects were absolutely vested in your Majesty. Here follows an account of the various patents granted for their territory. Our opinion is, that by the patent granted to Connecticut, the jurisdiction of the Narragansett country belongs to Connecticut, and that property of soil as derived from John Winthrop and Major Atherton is vested in the heirs and assigns of the said Winthrop, the heirs of Thomas Chiffinch, Major Atherton, Richard Smith, Elisha Hutchinson, John Saffin, Richard Wharton and partners, no considerable opposition being offered by anyone to their claim and title, and the same being granted by the agents of Connecticut. Notwithstanding, we do not conceive that their purchases do anyways entitle them to any part of the Pequot country, lying between Wecapang and Pauquatuck River, nor that the former lawful purchases and possessions of the inhabitants of Providence and Warwick ought to be prejudiced thereby. Finally we would add that so long as the pretensions of the Rhode Islanders to the government of this province continue, it will much discourage the settlement and improvement thereof, for it is very improhable that the aforenamed claimants or others of like reputation and condition will move their families or expend their estates under so loose and weak a government. Signed, Edw. Cranfield, William Stoughton, Samuel Shrimpton, John Pyncheon, junr., Nath. Saltonstall. Postscript.— Since the close of your Commission Mr. Edward Randolph has arrived, claiming the Narragansett country on behalf of the Duke of Hamilton. We summoned as many proprietors as we could in the time, and find that Mr. Randolph's pleas include part of the country. We enclose the defence of the proprietors against the same for the King's decision, and have sent copies to Connecticut. Signed, Edw. Cranfield, William Stoughton, Joseph Dudley. The wholeclosely written pages. Endorsed. Recd. 5 Dec. 1684. Read 23rd. [Col. Papers, Vol. LIV., No. 106, and Col. Entry Bk., Vol. LXI., pp. 228–238.]
Dec. 5.1987. Warrant of the Duke of York for the payment of 232l. to Lieutenant Baxter, being twenty-two months' pay. [Col. Entry Bk., Vol. LXX., p. 51A.]
Dec. 6.1988. Journal of Lords of Trade and Plantations. Petition of the Proprietors of the Bahamas read (see No. 1924 I.), and the Proprietors heard. Agreed to report that they prove their losses in the Court of Admiralty and that reparation be demanded.
Petition of the General Assembly of Bermuda read (see No. 1937). Order for a copy to be delivered to Lord Nottingham, who answered that he was not concerned therein.
Laws of Antigua. Seven Acts approved. Act of Extent read, and copy ordered to be sent to the merchants for their opinion. [Col. Entry Bk., Vol. CVIII., pp. 51–53.]
[Dec. 6.]1989. Deposition of Matthew Cadwell, merchant, of London. Estimating his losses in ships and cargoes, through the capture of New Providence, at over 5,000l. 1 p. Endorsed. Recd., 6 Dec. '84. [Col. Papers, Vol. LIV., No. 107.]
[Dec. 6.]1990. The case of Abraham Gill, merchant. A statement, at immense length, of Gill's grievances against Sir Thomas Lynch, in respect of the ship St. Thomas (see ante, No. 1759), and of various charges of extortion, & c., against him. Four large and very closely written pages. Inscribed. Read 6 Dec. 1684. [Col. Papers, Vol. LIV., No. 108.]
Dec. 6/16.
Petit Gouave.
1991. The Governor of Petit Guavos to Captain Mitchell, R.N. You complain that we receive pirates in our harbours. I assure you that if you point out any of those evil people we shall not fail to make them pay the extreme penalty. You speak to us of Captain Yankey whom you treat as a pirate. I assure you that we know him to be incapable of such a thing. It is true that some ime ago he carried off an English ship laden with Spanish merchandize, but on coming into port he at once made a declaration thereof to the Chevalier de St. Laurens, and to our Governor, who at once ordered the ship round to the little river Leogane on this coast, where the Council adjudged her to be lawful prize. With regard to your complaints against Captain Breha, it is true that with a ship full of people he met the frigate commanded by Captain Stanley, and asked him for provisions, of which he was in much need, and which Captain Stanley was so good as to give him. As to the restitution which you request, I doubt if it can be made, and I do not see that I can compel it to be made after the warrant given by the Council that condemned it. I cannot give you leave to surprise Yankey and breha in this harbour, and indeed, if you make any attempt against them I shall do my best to frustrate your designs according to my orders. Signed, Boisseau. French. 2 pp. Endorsed. Recd. 28 June '85. [Col. Papers, Vol. LIV., No. 109.]
Dec. 7/17.
Petit Gouave.
1992. The Governor of Petit Guavos to Captain Mitchell. I am very sorry that you are dissatisfied with my former letter. I know nothing about what you say of Captain Yankey. If you would take advantage of the presence of the Chevalier de St. Laurens at Cap François and start at once, he will give you all the information that you desire. Signed, Boisseau. French. ½ p. Endorsed. Recd. 28 June 1685. [Col. Papers, Vol. LIV., No. 110.]
Dec. 8.1993. Abstract of letters written from Boston to Edward Randolph. From Governor Simon Bradstreet.— I fear that by this time judgment is passed against our charter; but if the King would be pleased to pardon us and govern us as intimated in his declaration, I doubt not that it would conduce as much to His Majesty's honour and dignity as sending over a Governor, which would be very chargeable, while the people, as you know, are very poor, except in Boston, and even there most of them are not so rich as they are thought to be. The late war with the Indians and great fires have much impoverished the country, and the unprofitableness of trade is a great discouragement. I have heard many say that in their irregular trading they have seldom or never seen their own money again, and are resolved wholly to give it over, and I should be heartily glad if they would. I hope that in all the faults that we are or may be charged with, the service we have done in securing, at expense of much blood and treasure, so large a tract of land annexed to the Crown may not be forgotten. It is no small grief to us to hear and see the miserable condition of our neighbours in New Hampshire, once a hopeful and flourishing plantation, but now in a manner undone — no face of trade, nor care for anything else, their own vessels being afraid to come into their own ports, as some of them have declared to myself. But enough of this. I suppose you will hear more from others. This makes our people dread the like condition.
From Joseph Dudley.— Your letter contained nothing as to the scire faciasbut what everybody expected, and if what you say as to general pardon and indulgence for religion and property might be so, the people will hardly, if ever, be persuaded to apply for themselves.
From William Stoughton.— Your letters show you studious of moderation, and, in particular respecting liberty of conscience. I do not think that there will be any such opposition as in the least to need force. Our General Court meets this week. What they intend I know not, having been wholly a stranger to public business since the last election. The time for doing good seems to have been quite lost. They had it in their hands but would not improve it.
From Richard Wharton.— A great part of your news had been misrepresented. The people are now undeceived, and see that the King is in earnest. The rumour that regiments are coming with the new Governor caused the Governor to summon the General Court to devise some expedient for prevention, and to lay the ship that bears this under embargo. Their packet which she carries to Humphreys is lined with a very thin address, but sufficient to show the humours of the corporation and the necessity for regulations. The Court sat from Wednesday to Saturday, and then committed the result to the Secretary as a great secret. Stoughton, Dudley, Bulkeley, and all that seem sensible of their duty were kept ignorant of the import. The style is well known to these gentlemen and many more, who would more dutifully assure the King of our loyalty, submit to his declaration and pray for pardon, religious liberty and confirmation of property. But though we cannot send such an address, I know your good disposition will represent us in this light to the King. The Narragansett proprietors aver their humble submission to a quit-rent from the Crown; Rhode Island continues its oppression and insolence, and has bound Dick Smith to answer an indictment on a ridiculous penal law of their own for suing one of its inhabitants for lands at Plymouth. They design upon his estate and liberty. Copies. The whole. 2½ pp. Endorsed. Jan. 26 and Feb. 2, 1684/5. [Col. Papers, Vol. LIV., No. 111.]
Dec. 9.1994. Journal of Lords of Trade and Plantations. Acts of Virginia of 16th April 1684 considered. The Act for altering the time of holding Courts to be amended, eight others approved. The Address of 22nd May from the Burgesses read, when the Lords, after reading the Journals of Assembly of November 1682, judged it unfit to be laid before the King, and approved Lord Howard's action in refusing to transmit it.
Memorandum of documents sent. [Col. Entry Bk., Vol. CVIII., pp. 54–56.]
Dec. 9.1995. Minutes of Council of Barbados. Bill for Public Accounts sent to the Assembly; Bill for securing possession of negroes to await the collection of the laws, and the old law to be meanwhile renewed for six months. Order for payment of 20l. 17s. 6d. to Sir Timothy Thornhill in compensation for a negro executed for running away. Captain William Walley, Solicitor, exhibited articles of a high nature against Richard Seawell; the Governor, after hearing one witness, ordered him to enter into recognisances to take his trial at the next Grand Sessions.
Dec. 10.The Governor gave his assent to four Acts. [Col. Entry Bk., Vol. XI., pp. 567–570.]
Dec. 9.1996. Journal of Assembly of Barbados. Bill for settling public accounts, Bill for securing possession of negroes, and Bill for speedier remedy in distresses read.
Dec. 10.Lease of Fontabelle House ordered to be for six years. Act to punish pirates, and to continue the old Militia Act, passed.
Adjourned to 20th January. [Col. Entry Bk., Vol. XIV., pp. 14–15.]
Dec. 1.
Whitehall.
1997. Order of the King in Council. Referring the petition of Audrey Beale to Lords of Trade and Plantations for report. Signed, Francis Gwyn. 1 p. Annexed,
1997. I. The petition referred to. My brother William Godwin, aged sixteen, went with Captain Joseph Eaton two years and a half ago, on a voyage to Maryland, to learn navigation, and if he liked the voyage to become Eaton's apprentice. On arriving at Maryland he was sold by Eaton to one Thomas Gerard as a slave. I beg that Eaton's behaviour may be examined, and my brother restored. Copy, certified by Francis Gwyn. 1¼ pp. The whole endorsed, Read 31 Dec. '84. [Col. Papers, Vol. LIV., No. 112.]
Dec. 10.
Whitehall.
1998. Order of the King in Council. Referring the petition of Matthew Meverell to Lords of Trade and Plantations for their report. Signed, Francis Gwyn. ½ p. Annexed,
1998. I. The petition referred to, from Matthew Meverell to the King and Council. On the 6th May last petitioner seized the ship St. Thomas for trading at Jamaica contrary to the Act of Navigation, but was not only denied process in the Grand Court, but was put in prison by order of the late Sir Thomas Lynch. The ship was sent away by Sir Thomas's order, and the Attorney-General was directed to prosecute petitioner with a scandalous information of being a vagrant, and an idle fellow. After Sir Thomas's death petitioner escaped from Jamaica, but he has suffered much in health. Prays order for prosecution of Sir T. Lynch's executors, having witnesses to prove the value of the ship to be 20,000l. to 25,000l. Copy. 1 p. [Col. Papers, Vol. LIV., Nos. 113, 113 I., and (Order only) Col. Entry Bk., Vol. XXX., pp. 345–346.]
Dec. 10.
Whitehall.
1999. Order of the King in Council. Referring the petition of Abraham Gill, complaining of Sir Thomas Lynch, to Lords of Trade and Plantations for report. Signed, Francis Gwyn. 1 p. Endorsed, Recd. and read 23 December. Annexed,
1999. I. The petition referred to, of Abraham Gill to the King and Privy Council. I contracted with one Barrosse and Porcio for 4,800 negroes, and had already brought about 900 to Jamaica as a Spanish ship, but was forced to pay 2,000l. to Sir T. Lynch for license to trade with the Spaniards, and another 700l. for the convoy of H.M.S. Ruby. I permitted, however, the Spanish Captain to bring some dry goods, though illegally, from Jamaica to Carthagena, and the ship was seized in Jamaica for trading therein. I was present at the seizure and a witness for the Crown, but was imprisoned by Sir T. Lynch, proclaimed a vagrant and idle fellow, and was forced to leave the Island privately, giving 1,000l. security, to give the King an account of these oppressions which are to the disadvantage of all his subjects, and especially of the Royal African Company. I beg that the proclamation may be nullified, and that I may be permitted to sue the executors of Sir T. Lynch for recovery of the money and for damages. Two large closely written pages. [Col. Papers, Vol. LIV., Nos. 114, 114 I., and (Order only) Col. Entry Bk., Vol. XXX., pp. 347–348.]
Dec. 11.2000. Captain Mitchell, Royal Navy, to Lieutenant Governor Molesworth. I sent my boat ashore with your letter to the Governor of Petit Guavos on the morning of 6th instant. The Governor was away, and the Commander-in-Chief refused to break the seal. I saw in the port the ships commanded by Captain Yankey, Breha, Thomas and Johnson, and remembering my instructions, wrote to the Commander-in-Chief as follows:—
Captain Mitchell to the Governor and Commander-in-Chief of Petit Guavos.— You have at present in your port two pirates, Captain Yankey of the Francis, and Captain Breha, who have robbed or taken several of our sloops. I must request you to order them to restore what they have taken from the subjects of the King, my master; or to give me permission to endeavour to surprise them in this port.
M. Boisseau to Captain Mitchell.— An English version of the letter abstracted above (see No. 1991).
Captain Mitchell to M. Boisseau.— You say that the captured vessel was condemned as lawful prize. I must protest against that condemnation as illegal. The sloop was bonâ fide the property not of Spanish but of English subjects. Dated, 7 Dec.
M. Boisseau to Captain Mitchell.— Dated 7th December. The translation of the letter abstracted above (see No. 1992).
I ordered my Lieutenant to demand all the men that were in La Trompeuse, to which M. Boisseau answered that he would send all the Englishmen in the town, and if any belonged to the Trompeuse I might take them. Next day he sent me three English, telling me that the rest were fled into the woods, upon which I at once sailed for Jamaica. Signed, D. Mitchell. The whole, 3 pp. Endorsed. Recd. 28 June '85. [Col. Papers, Vol. LIV., No. 115.]
Dec. 12.2001. Minutes of Council and Assembly of St. Christophers. Order of the Governor, Council and Assembly for one negro out of every five and twenty to be employed in fetching timber for the Sessions House on 2nd January. [Col. Papers, Vol. LV., No. 48.]
Dec. 13.
Nevis.
2002. Sir William Stapleton to Lords of Trade and Plantations. The Guernsey, Captain Tennant, has arrived here to be under my orders. As she is already two years out here it will be six months before she can come home. I may therefore make bold to take my passage in her or under her convoy in March. By good luck four Indians of Dominica were brought here and identified by the boy saved from Barbuda as the murderers of Captain Malham [? Nathan]. All four were executed as pirates and murderers. Signed, Wm. Stapleton. Holograph. 1 p. Endorsed. Recd. 24 Feb. '8 4/5. [Col. Papers, Vol. LIV., No. 116, and Col. Entry Bk., Vol. XLVII., p. 178.]
Dec. 13.2003. The Governor and Council of Barbados to Lords of Trade and Plantations. Forwarding quarterly accounts of the proceedings of the Council and of imports. Signed, Ri. Dutton, Robert Davers, John Peers, Edwyn Stede, Tim. Thornhill, Henry Walrond, Tho. Walrond. 1 p. Endorsed. Recd. 31 March 1685. [Col. Papers, Vol. LIV., No. 117, and Col. Entry Bk., Vol. VII., p. 287.]
Dec. 13.2004. Minutes of Council of Barbados. Ordered that Sir John Witham send the King's Order in Council for the appointment of Sir Timothy Thornhill to the Council, that it may be entered in the Council book. Adjourned to 16th. [Col. Entry Bk., Vol. XI., p. 571.]
Dec. 15.2005. William Blathwayt to Robert Banner. Summoning the Treasurer of the Bermuda Company and others concerned to attend the Committee for the enquiry into the public debts of the Islands. [Col. Entry Bk., Vol. XVII., p. 110.]
Dec. 16.2006. Minutes of Council of Barbados. The oath was administered to Henry Walrond to act as Chief Judge in the coming Grand Sessions. [Col. Entry Bk., Vol. XI., p. 572.]
Dec. 16.2007. Presentment of the Grand Jury at the Sessions held at Barbados the 16th December 1684. Henry Walrond, Chief Judge. We present (1) the non-observance of the Sabbath; (2) the benefit to our youth if means were taken for education; (3) the neglect of masters of public wharves, in not keeping them in proper repair; (4) the great dearth of Christian servants who are enticed away to other places by promises of land; (5) the unpardonable neglect of all the surveyors of the highways; (6) the neglect of the justices in not enforcing the laws against the buyers and sellers of spirits; (7) the nuisance of wandering pedlars and Jews; (8) the violation of the law as to taking up ballast; (9) the crying evil of the delay of justice by the Bridge Court of Common Pleas; (10) the inconvenience through want of a State house, gaol, and house of correction. Fifteen signatures. Copy. 2 pp. Endorsed. Recd. 13 March 1684/5. [Col. Papers, Vol. LIV., No. 118.]
Dec. 16.
Nevis.
2008. Deposition of Henry Cock, mate of the sloop Betty. Three months since I was at Curaçoa, where I found a ship under the command of Manuel Rodriguez, who had captured the sloop Africa. The Captain applied to Governor for the arrest of Rodriguez and his ship, but the Governor refused. We had weighed anchor, when a strange sail came up and laid us on board, as if secure of us as an easy prize. Finding us too strong she yielded, and we put all the Spaniards of her crew ashore, except one that we kept to condemn the prize, and whom we knew for a pirate. Sailed on to Santa Cruz when the Captain went ashore, but was detained by the Governor till he should show his commission. The Captain wrote to me to bring it ashore, and I was arrested also and detained two days. The Captain sent orders secretly to the ship to sail to Nevis and acquaint Sir William Stapleton. Depositions of other sailors confirming the above. Sworn before Joseph Martyn. The wholepages. Endorsed. Recd. 23 March '8 4/5. [Col. Papers, Vol. LIV., No. 119.]
Dec. 16.2009. Journal of Lords of Trade and Plantations. Lord Nottingham presents a schedule of the debts due by the Bermuda Company, and a scheme for repaying them. The Lords agree to report that they be referred to the Commissioners of the Treasury.
Draft report on the petition of the Proprietors of the Bahamas read.
The Lords approved Lord Howard's Treaty with the Indians of August 5.
Laws of Massachusetts considered. Fifteen Acts approved as amended. [Col. Entry Bk., Vol. CVIII., pp. 54–59.]
[Dec. 16.]2010. Schedule of the debts of the Bermuda Company. Total 828l. 1 p. Endorsed. Read 16 Dec. '84. [Col. Papers, Vol. LIV., No. 120.]
Dec. 17.
Whitehall.
2011. Order of the King in Council. That the Lords draw up a short commission appointing [Richard] Cony Governor of Bermuda for the present, till a more ample commission and instructions, with a body of laws, can be prepared; and that the existing taxes be continued for the support of the Government. Signed, Francis Gwyn. ½ p. Endorsed. The seal gone and top edge much damaged. [Col. Papers, Vol. LIV., No. 121, and Col. Entry Bk., Vol. XVII., p. 105.]
Dec. 17.
Whitehall.
2012. Order of the King in Council. To enforce the recommendations of the Laws of Trade respecting the inquiry into the debts of the Bermuda Company (see ante, No. 1893). [Col. Entry Bk., Vol. XVII., pp. 110–111.]
Dec. 17.2013. Order of the King in Council. Report of Lords of Trade and Plantations. Having considered the petition of the Proprietors of the Bahamas we recommend that the sufferers by the capture of New Providence prefer their libel in the Court of Admiralty, and that notice may be given to the Spanish ambassador and other Spanish subjects that they may take objection to the evidence if they will; after which reparation may be demanded of the Court of Spain for the damages received. Dated 6th December 1684. Ordered accordingly. [Col. Entry Bk., Vol. XCVII., pp. 138–140.]
Dec. 17.
Whitehall.
2014. The Earl of Sunderland to Lords of Trade and Plantations. The King has appointed Sir Philip Howard to succeed Sir Thomas Lynch as Governor of Jamaica. The requisite despatches for him should be prepared. Signed, Sunderland. 1 p. Endorsed. Recd. 23 Dec. 1684. [Col. Papers, Vol. LIV., No. 122,and Col. Entry Bk., Vol. XXX., p. 300.]
Dec. 19.2015. Instructions of Colonel Hender Molesworth to Captain Mitchell, R.N. You will convoy the Spanish ship Santa Rosa bound from Jamaica with negroes. On your return from Portobello you will visit Golden Island off the coast of the Main, through which a passage has lately been found to the South Sea. Four hundred Englishmen are said to have been conveyed that way in small parties by Darien Indians, and it would be well to spread report that they have been cut off, in order to discourage others. Copy. 2 pp. Endorsed. Recd. 2 April 1684. [Col. Papers, Vol. LIV., No. 123.]
Dec. 20.
Whitehall.
2016. Order for Joseph Eaton and Peter Harris to attend the Lords of Trade and Plantations in respect of the petition of Audrey Beale (see No. 1997). 1 p. Endorsed. [Col. Papers, Vol. LIV., No. 124.]
Dec. 23.2017. Journal of Lords of Trade and Plantations. Laws of Massachusetts considered, amended, and approved. Provision to be made that high treason be adjudged according to the laws of England.
Pursuant to instructions the Lords ordered a draft commission to be prepared for Sir Philip Howard.
Petition of Audrey Beale read (see No. 1997). The Lords summoned the necessary persons for examination thereof for the 31st.
Draft commission to Mr. Richard Cony approved.
Petition of Abraham Gill to be heard on the 31st instant. Petition of Meverell read; Sir Philip Howard to report thereon.
Report of the Commissioners appointed to inquire into the claims to the Narragansett country (see No. 1986), to the effect that the jurisdiction belongs to Connecticut and the soil to Richard Wharton. The Lords think fit to instruct Colonel Kirk to confirm all titles of land quietly possessed, reserving to the King a quit-rent of two shillings and sixpence per hundred acres, any dispute about title to be decided by the Governor in Council. [Col. Entry Bk., Vol. CVIII., pp. 62–66.]
Dec. 23.2018. Memorandum of Lords of Trade and Plantations. That Sir Philip Howard, on his arrival in Jamaica, inquire into the statements of Matthew Meverell and report. [Col. Entry Bk., Vol. XXX., p. 346.]
Dec. 23.2019. Draft of a letter to the Keeper of Bridewell to bring Peter Harris, now in his custody, before the Lords of Trade as a witness in the matter of Audrey Beale's petition. Corrected and endorsed. 1 p. [Col. Papers, Vol. LIV., No. 125.]
Dec. 23.2020. Attestations of three witnesses as to the language and action of Henry Bish on the news of the dissolution of the Bermuda Company. 1 p. Endorsed. Reed. 17 July '84. [Col. Papers, Vol. LIV. No. 126.]
Dec. 23.2021. Deposition of William Peniston on the same subject. Sworn before John Tucker. Endorsed as the foregoing. [Col. Papers, Vol. LIV., No. 127.]
Dec. 24.2022. Commission to Richard Cony as Lieutenant-Governor and Commander-in-Chief of Bermuda. [Col. Entry Bk., Vol. XVII., pp. 105–109.]
Dec. 26.2023. Sir Richard Dutton to Lords of Trade and Plantations, Immediately after my arrival I sent to you as just a state of the Island as I then found it in, which I hoped would be in accordance with my expectations of the gentleman whom I left here as deputy. But to my great trouble I was surprised by complaints of the Council of his great insolence to them and his oppression towards all others wherever his profit or ambition were interested. On their daily complaints I offered some queries to the Council, whose impartiality I could trust, which have doubtless been before you some time; and I hope that I have been approved for suspending Sir John Witham not only from the Council but from all public employment in this Island. Since then the complaints against him have grown so high that I could not in justice to myself and the oppressed people suffer him to run on in his opinion, which he has often impudently declared, that he was not accountable to me for anything that he had done during the period of his government, as he called it. I thought it time to exert my authority speedily, and to let him and all men of whatever quality know, that if they dare to commit any illegal act in my government, I shall not want the resolution to punish them. By the advice of the Council I issued a warrant to the Provost Marshal to take him into custody till he gave security to appear at the next Grand Sessions, to answer such charges as might be preferred against him; which he accordingly did. I then consulted the lawofficers as to the most proper method of his prosecution, and delivered them articles which they reduced to three indictments, the first two for high crimes and misdemeanours, and the third for bribery, all of which were most clearly proved. To prove that I had no personal animosity against him, I declined to hold the Sessions in person, but issued a commission that he might have no ground of complaint that I had overawed juries or witnesses. I assure you that no man was ever heard with greater patience nor had greater time and liberty to justify himself (as he freely confessed at the close of the trial). He made all the trifling, evasive, dilatory pleas that he could, and thus took up five full days, which was the limitation of the Commission, before the trial could be ended and judgment passed against him. I was therefore obliged (as there were several indictments in the Grand Jury's hands) to issue a new Commission immediately after the trial and before the adjournment of the Court, and continue the Commission till the latter end of January. The Court will sit again on the 14th January. when there are seven pirates to be tried, five of whom were sent in chains from Carolina. I have transmitted true copies of the indictments, verdicts and judgments passed on Sir John Witham, so I need not heap a greater weight of crimes on him, though I could add many more.
I cannot but remind you of the constant prejudice to the King's service from want of members of Council to make up a quorum. Had not Colonel Stede at terrible hazard to his life left his sickbed to go to Court I should hardly have been able to continue the Sessions. I have now to beg that out of the fine of 5,000l. levied on Sir John Witham, the King will grant enough to this Island to buy forty iron whole culverins, with carriages, for the forts which I have lately built. This is the only charge to which this country ever put His Majesty in this kind. Sir John Witham says confidently that though he be fined many thousands here yet one thousand in England will not only clear him of the other ten but also of his imprisonment. For all his confidence I shall this week estreat the fine of 5,000l., and use all endeavours to find effects to levy it on. I have sent an exemplification of the estreatment to the Lords of the Treasury, with the names of his correspondents in London, for he will remove the money from their hands unless care be taken to prevent him. I have made a discovery of several outstanding debts due to James Holloway, who was lately executed for treason. They amount to four or five hundred pounds, and I have asked for the directions of the Treasury thereon. I shall not trouble you with repetition of the constant business entailed by the maladministration of this high criminal, Witham. I ask not for reward, but only that I may not be discouraged. I have no salary nor perquisites paid to me, and have to borrow money at interest to support myself and family. Everything is dear, and nothing to be had but for ready money. Signed, Ri. Dutton. 2½ pp., closely written. Endorsed. Recd. 13 March. Read 17th. [Col. Papers, Vol. LIV., No. 128, and Col. Entry Bk., Vol. VII., pp. 266–270.] Annexed,
2023.I. Copy of the indictments against Sir John Witham. First indictment.— 1. For not taking the oaths for due administration of the Government. 2. For eluding the Statute of Navigation by not taking the oath. 3. For imposing unusual oaths on the Council. 4. For denying the Council freedom of debate in Chancery. 5. For rasing and altering the records of the Chancery Court out of Court. Verdict.— Guilty. Sentence. — Fine of 3,000l.Second indictment.— 1. For taking the title of Lieutenant-Governor without any commission. 2. For appointing a special Court of Sessions by an unwarrantable commission in a matter in which he himself was concerned. 3. For appearing in the Court of Common Pleas in his own cause and overawing counsel and the jury. 4. For false imprisonment of one Richard Lintott, and (5) of Richard Alford. 6. For illegally ordering a forcible entry. Verdict.— Guilty. Sentence.— Fine of 3,000l. Third indictment.— For bribery. Verdict. — Guilty Sentence. — Imprisonment during the King's pleasure and fine of 5,000l. 3 pp. Endorsed. Recd. 12 March 1684/5. [Col. Papers, Vol. LIV., No. 128 I.]
Dec. 26.
Barbados.
2024. Sir Richard Dutton to the Lord [Privy Seal ?]. A repetition of the offences of John Witham, little different from that in letter of same date (see preceding abstract). I have received a mandamusrequiring a true state of the case of James Baxter, a prisoner here for homicide. I enclose the state and await orders. Signed, Ri. Dutton. Holograph. 2 pp. Annexed,
2024.I. Sir Richard Dutton to the King. Reciting the case of James Baxter, and recommending him as a fit object of the royal merey. Signed, Ri. Dutton. 1 p. Endorsed. [Col. Papers, Vol. LIV., No. 129, 129 I.]
Dec. 30.2025. Colonel Hender Molesworth to [William Blathwayt ?] The galley and four sloops are now ready to sail. All have been built at the charge of several undertakers, 200l. only having been advanced by the Treasury. Their business is to clear the South Cays of Cuba of pirates, and re-open the fishing trade, and, in return, they are to have the sole liberty of trade in these parts during the two months of the embargo. The galleons are now in the Indies, and the capture of the ship of thirty-six guns, bound for Cuba with piece-goods, by the French, has greatly encouraged our undertakers. A considerable sale of English manufactures must certainly follow. The Spaniard who has been here so long has at length made up 302 negroes, and sent them off to Portobello under convoy of Captain Mitchell. The frigate takes this convoy on his way to Sambalos, a cluster of islands between Portobello and Carthagena, among which is that called Golden Island. It is there that the Darien Indians receive our people and guide them by an easy passage to the South Sea. At least four hundred have gone from here in the last three or four months, and I fear are irrecoverably lost, for the Dariens have lately made a firm peace with the Spaniard, and there is now a frank trade between them. This of the Golden Island must be some treasonable practice against our people. Extract. Read at the Committee, 4th April 1685. 2 pp. [Col. Entry Bk., Vol. XXXI., pp. 15, 17.]
Dec. 31.2026. Journal of Lords of Trade and Plantations. Petition of Abraham Gill heard, and several members of the African Company heard thereon. Ordered, that Sir Philip Howard report thereon. Colonel Molesworth to be instructed to encourage the Spanish negro trade at Jamaica, and Lord Lansdowne, who is going envoy extraordinary to the Court of Spain, to say that Spanish traders in this line will be civilly used. Draft of Sir Philip Howard's instructions. The Duke of York requested to take the opinion of his law officers respecting the powers to be given to Governors for exercising martial law at sea.
Petition of Audrey Beale read (see No. 1997). The Lords agreed in their report (see No. 2038).
Draft Commission to Colonel Kirk read. The Lords opine that it be directed that no money be issued but by warrant under his hand and with advice of the Council. The law officers to be desired to attend the discussion of the clauses for making of laws. A clause empowering the Governor to raise taxes with the consent of the Council approved. The King to be asked as to the Governor's salary, and whether it shall be payable until he has reported what the Colony can bear. [Col. Entry Bk., Vol. CVIII., pp. 59–62.]
[Dec. 31.]2027. Petition of Abraham Gill to the Lords of Trade and Plantations. Praying for the King's orders to Sir Philip Howard, to permit him to prosecute Colonel Hender Molesworth for his share in the transactions of Sir Thomas Lynch in the matter of the ship St. Thomas. 1 p. Inscribed. Read. 31st December 1684. [Col. Papers, Vol. LIV., No. 130.]
Dec. 31.
Council Chamber.
2028. Report of Lords of Trade and Plantations to the King. On the petition of Audrey Beale (see No. 1997). Captain Eaton offers to bring back Goodwin if your Majesty order his expenses to be paid by his relations. We recommend therefore that Eaton give bond in 100l. for Goodwin's return if he be alive, on Mrs. Beale's depositing 20l. for the expenses; and that Lord Baltimore be instructed to see that Goodwin is delivered to Eaton. 2½ pp. Endorsed. [Col. Papers, Vol. LIV., No. 131.]
Dec. 31.
Barbados.
2029. The Secretary of Barbados to Lords of Trade and Plantations. Forwarding quarterly returns of the transactions of the Council and the Secretary's office. Signed, Edwyn Stede. 1 p. Endorsed. Reed. 12 March 1684. [Col. Papers, Vol. LIV., No. 132,and Col. Entry Bk., Vol. VII., p. 263.]
[1684 ?]2030. Petition of George Reid, planter, of Jamaica, to the King. Petitioner executed several contracts in delivering negroes for the Royal African Company in Barbados, and was later employed as their factor, till he was dismissed by Sir Thomas Modyford in favour of Colonel Hender Molesworth. Begs reinstatement. 1 p. Undated. [Col. Papers, Vol. LIV., No. 133.]
Duplicate of the foregoing. [Col. Papers, Vol. LIV., No. 134].
[Dec]2031. "Extract of a letter to Sir Benjamin Bathurst concerning Gill. A few lines giving an unfavourable account of Abraham Gill, as a hypocrite and mischief maker."Spanish. (See ante, No. 1759.) [Col. Papers, Vol. LIV., No. 135.]
[Dec ?]2032. Sir Philip Howard's proposals to the Duke of York. That the Duke give him a Commission as Vice-Admiral wherein the powers of commanding ships and seamen be further specified and explained. That according to constant practice the Governor may have power to constitute captains and other officers at sea, and that such captains be reputed the King's captains, and their ships the King's ships. That the Governor of Jamaica may continue to have power to try neglect of duty and disobedience at sea by a court-martial; this will greatly facilitate the suppression of pirates. That the words of the late order requiring a Governor not to try an officer for misconduct on the spot but to send home depositions for his trial in England be amended. A captain of a frigate, by refusing to obey the Governor's orders on most important service, may become highly criminal, yet the Governor cannot even suspend him, but the officer remains in command till orders come from home, which takes from six to twelve months. This should be altered, and the Governor should have power to give orders, on his own responsibility, and to suspend officers. Draft. 2 pp. Undated. [Col. Papers, Vol. LIV., No. 136.]
[Dec ?]2033. Mr. Wharton's proposals for the regulation of New England. The King to grant a general pardon to all who submit, and religious indulgence. The privileges and revenues of Cambridge College to be continued, and all property confirmed. Laws repugnant to the laws of England to be repealed, the rest to remain in force. The General Governor and Council, or Chancellor and Council to be the supreme judicature, and be an appeal court from inferior courts; appeal from thence to be to the Privy Council. The General Assembly to meet annually or as often as necassary. All that are qualified according to the law of England to be declared freemen. The incorporation of Boston on dutiful application to the King. The Militia to be under the Governor. The annual training to be for two days. Prizes to be given for shooting, each county to offer three prizes of 5l., 3l., and 2l., and only regimental prize-winners to shoot for the county. The King to be asked to send out three prizes once in three years, for which regimental prize-winners will compete. This will give the men diversion, keep them from faction, and make them good and loyal soldiers. The King to be asked to appoint a Registrar-General of Lands. General considerations. — The development of the mineral resources. The making of pitch, tar, resin, and gums might be encouraged by the incorporation of a Company, with capital of at least 20,000l. The whole, three closely written pages. Endorsed, From Mr. Wharton, with date1684. [Col. Papers, Vol. LIV., No. 137.]
[Dec ?]2034. Petition of Joseph Eaton, to Sir George Jeffreys, Chief Justice of the King's Bench. Complaint against me has been made for carrying a boy named Goodwin to Maryland against his will. I have for many years commanded a ship to Virginia, but have never carried any passenger against his consent. Complainants rely on the evidence of a black boy who has only been four months in London. 1 p. Endorsed. [Col. Papers, Vol. LIV., No. 138.]