Entry Book: October 1686, 21-25

Calendar of Treasury Books, Volume 8, 1685-1689. Originally published by His Majesty's Stationery Office, London, 1923.

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Citation:

'Entry Book: October 1686, 21-25', in Calendar of Treasury Books, Volume 8, 1685-1689, ed. William A Shaw( London, 1923), British History Online https://prod.british-history.ac.uk/cal-treasury-books/vol8/pp948-958 [accessed 8 November 2024].

'Entry Book: October 1686, 21-25', in Calendar of Treasury Books, Volume 8, 1685-1689. Edited by William A Shaw( London, 1923), British History Online, accessed November 8, 2024, https://prod.british-history.ac.uk/cal-treasury-books/vol8/pp948-958.

"Entry Book: October 1686, 21-25". Calendar of Treasury Books, Volume 8, 1685-1689. Ed. William A Shaw(London, 1923), , British History Online. Web. 8 November 2024. https://prod.british-history.ac.uk/cal-treasury-books/vol8/pp948-958.

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October 1686, 21-25

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.
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."