J. I
Vol. 5~
vjovenun
Fnbikati
CALENDAR
OP
STATE PAPERS,
COLONIAL SERIES,
AMERICA AND WEST INDIES,
1661-1668.
PRESERVED IN
HER MAJESTY'S PUBLIC RECORD OFFICE.
EDITED BY
W. NOEL SAINSBURY,
OF THE PUBLIC RECORD OFFICE,
HONORARY MEMBER OF THE AMERICAN ANTIQUARIAN SOCIETY AND OF THE HISTORICAL SOCIETIES
OF MASSACHUSETTS, MAINE, NEWPORT, NEW YORK, MARYLAND, PENNSYLVANIA, CAROLINA,
GEORGIA, VIRGINIA, ETC.
UNDER THE DIRECTION OF THE MASTER OF THE ROLLS, AND WITH THE SANCTION OF
HER MAJESTY'S SECRETARY OF STATE FOR THE COLONIAL DEPARTMENT.
First published by Her Majesty's Stationery Office
London
1880
REPRINTED BY ARRANGEMENT WITH
HER MAJESTY'S STATIONERY OFFICE, LONDON, BY
KRAUS REPRINT LTD.
VADUZ
1964
CALENDAR
OF
STATE PAPERS,
COLONIAL SERIES,
AMERICA AITD WEST INDIES,
1661-1668.
PRESERVED IN
HER MAJESTY'S PUBLIC RECORD OFFICE.
EDITED BY
W. NOEL SAINSBURY,
OF THE PUBLIC RECORD OFFICE,
HONORARY MEMBER OF THE AMERICAN ANTIQUARIAN SOCIETY AND OF THE HISTORICAL SOCIETIES
OF MASSACHUSETTS, MAINE, NEWPORT, NEW YORK, MARYLAND, PENNSYLVANIA, CAROLINA,
GEORGIA, VIRGINIA, ETC.
UNDER THE DIRECTION OF THE MASTER OF THE ROLLS, AND WITH THE SANCTION OF
HER MAJESTY'S SECRETARY OF STATE FOR THE COLONIAL DEPARTMENT.
First published by Her Majesty's Stationery Office
London
1880
REPRINTED BY ARRANGEMENT WITH
HER MAJESTY'S STATIONERY OFFICE, LONDON, BY
KRAUS REPRINT LTD.
VADUZ
1964
Printed in the United States of America
CONTENTS OP THIS VOLUME.
PREFACE
CALENDAR, 1661-1668
GENERAL INDEX
ERRATA
PAGE
vii
1
643
737
M605. Wt. 5447.
PREFACE.
THE last volume of the Calendar of State Papers,
America and West Indies, finished with the year 1660.
This volume begins with the year 1661, and in nearly
2,000 abstracts of documents summarises our Colonial
History for the next eight years to the end of the year
1668.
In drawing attention to some of the salient points in
the history of the numerous colonies and countries as
abstracted in this volume, it will, I think, be convenient
to class them into the following divisions, viz., I. Our
American Colonies under Charles II.'s reign; II. Our
Colonial Possessions in America ; III. Our Colonial Pos-
sessions in the West Indies ; and, IV. Our Possessions in
Africa, on the Gold Coast, the Biver Gambia, and elsewhere.
I. Our American Colonies at the opening date of this I. Our
/V rr\ PI* 1 f*ft H
volume consisted of six only of the original thirteen United Colonies.
States of America, viz., Massachusetts, New Hampshire,
Connecticut, E/hode Island, Maryland, and Virginia. But
in March 1663 the first charter was granted to the Lords
.Proprietors of Carolina, which province afterwards de-
veloped into the two states of North and South Carolina.
New York was surrendered to the English in August 1664,
and Delaware in the following October. New Jersey
formed part of the territory granted to James Duke of
York in the same year, while Pennsylvania was not founded
until 1682, and the State of Georgia was not thought of
Vlii PREFACE.
until some fifty years after that date. So that we are able
to trace by the light of these State Papers the early history
of eleven out of the original thirteen United States, five of
which, as British Colonies, begin their history in this
volume.
Soon after his restoration, King Charles II., judging it
necessary that so many remote colonies, so many ways
considerable to his crown, should be brought under an
uniform inspection for their future regulation, security,
and improvement, signed a commission 1 appointing thirty-
five members of the Privy Council, the nobility, gentry,
and merchants, a Council for ^Foreign Plantations. In this
Commission authority was given to any five to inform
themselves of the condition of the Plantations, and of
the commissions by which they were governed, as well
as to require from every governor an exact account of
the constitution of his laws and government, the number
of inhabitants, and, in short, all the information he was
able to give.
The Commissioners were also instructed to provide
learned and orthodox ministers to reform the debaucheries
of planters and servants? to consider how the natives and
slaves might be invited and made capable of baptism in
the Christian faith, and generally to dispose of all matters
relating to the good government and improvement of the
Plantations.
The first meeting of this Council was held on the 7th of
January 1661, when committees were appointed for the se-
veral Plantations and they held many meetings throughout
that year. How they carried out their instructions may be
seen in their minutes, reports, and orders, all of which are
abstracted and may readily be referred to at p. 710 of the
Index.
1 1 Dec. 1660 [Col. Calendar 1574-1660, p. 492.]
PREFACE. ix
Attention was first directed to the Colonies of New The Colo-
England, and informations, petitions, and relations of those England.
who had been sufferers, and of thousands of others in New
England were laid before the Council (42, 45, 46, 49-51).
After several meetings they reported that the government
of New England [Massachusetts] had exceeded their
grants by enacting laws and administering justice repug-
nant to the laws of England, that unequal restraints were
imposed in matters of conscience and divine worship, and
that trade was in no way managed to the advantage of his
Majesty's crown. It was also objected that the New
England Colonies had increased their stock of sheep to
nearly 100,000, whereby they were so stored with wool that
the manufactures of England would be less necessary to
them; and that their government had purposely withdrawn
all means of judging or disposing of their affairs in
England, " as if they intended to suspend their absolute
" obedience to the King's authority" (66, 75).
This report was presented to the Secretary of State,
together with the heads of a letter which had been pre-
pared for the Governor and Council of New England. At
the same time the Council for Plantations offered their
report and letter to the consideration of the King and his
Privy Council, for they said they conceived themselves to
be in no capacity to give any judgment therein, having heard
but one side, that they had but considered the general state
of things in New England, and made ready a letter with all
possible tenderness, avoiding all matters which might set
the people at a greater distance, or stir them to any fears
or distrust that it would not be safe for them to submit
cheerfully and wholly to the King's authority and protec-
tion. The Council advised that this letter should be
speedily sent to prepare the people to such a compliance
as must be necessary for an English Colony (80).
X PREFACE.
This letter was read at the Council Board on 17th May
1661, but was not thought fit to be sent now or indeed at
all by the Council of Plantations (87), upon which the
Lords of the Council, conceiving it to be a matter of State,
appointed a committee of their own body to take it into
consideration (91).
More than a year elapsed and so little progress had
been made in the settlement of the New England Planta-
tions, that on 25th September 1662 the matter was once
more "seriously debated," on which occasion Lord Claren-
don declared that the King would speedily send over Com-
missioners to settle the respective interests of the several
Colonies (370), and the Lord Chancellor subsequently
drew up himself a paper of " considerations in order to
" the establishing his Majesty's interests in New England,"
(706). It was not, however, until April 1663 that the
King in an Order in Council made a similar declaration, at
the same time promising to preserve the [Massachusetts]
charter though he wished to know how it was maintained
on the part of the Province (437), and another year elapsed
before Charles II. signed Commissions and Instructions in
April 1664 for Richard Nicolls, Sir Robert Carr, George
Cartwright and Samuel Mavericke to visit the colonies of
New England, and determine all complaints and appeals
for settling their peace and security (708-725).
In an elaborate letter to the Governor and Council
of Massachusetts the King under six heads explained
his reasons for sending his Commissioners, and com-
manded that his letter should be communicated to the
Council and to a General Assembly to be called for
that purpose, and while desiring their co-operation and
assistance "he declared that he doubted not they would
give his Commissioners proper reception and treat-
ment (715). So strong, however, was the feeling against
PREFACE. xi
them when they landed in the Piscataqua that wagers
were laid that they would never sit at Boston, and it
was by them thought better to begin at Connecticut and
dispatch the other three Colonies first ; for, argued the
Commissioners, if they had good success there it would
be a strong inducement to the other Colonies to submit
to the King's Commissioners, whereas if they were opposed
at Boston it would be an ill precedent (931). They were
two years engaged in visiting the New England Colonies,
at the end of which time the King recalled them ; and
while letting the colonies know how much his Majesty
was pleased with the good reception given to his Com-
missioners and their dutifulness and obedience to his
Majesty except in the case of the Massachusetts, the
King said he was sorry that any of his loyal subjects
should so mistake their own true advantage as to give
him cause of displeasure, and he could not choose but
resent their deportment, so his Majesty sent express com-
mands for the Governor and others of that colony to
attend the King and answer their proceedings (1171-
1175). This summons was never obeyed, one of the
reasons alleged being that Governor Bellingham was nearly
80 years old and had many infirmities (p. 419).
In a long report the Commissioners presented an account
in detail of their transactions with each colony visited
by them, viz., Connecticut, Rhode Island, New Plymouth,
Massachusetts, New Hampshire, Maine, and Kennebec
(1103). All their proceedings are duly chronicled in this
Calendar and have been largely drawn from by Dr. Palfrey
in his admirable history of New England, which it is an
interesting study to read in conjunction with these State
Papers.
Now the Council for Plantations, as we have seen, were Propagation
. , of the Gospel
also instructed " to consider how the natives and slaves
Xll
PREFACE.
in New Eng- " might be invited and made capable of baptism in the
America, " Christian faith," so a Committee was appointed to meet
at Grocers' Hall, of which Robert Boyle was a member
(3) ; and on 7th February 1662 a patent of incorporation
of the Company for propagation of the Gospel in New
England and the parts adjacent in America passed the
Great Seal. All the great officers of state with other
persons of eminence formed the " body corporate and
" politic," and power was given to them to purchase and
hold lands not to exceed the yearly value of 2,OOOJ. and to
ship foreign coin not exceeding the value of 1,000?. in any
one year. Of this corporation Robert Boyle was consti-
tuted the first Governor (88, 152, 223). The King was"
soon afterwards petitioned to grant one general collection
throughout England and Wales, for their charges had
exceeded their income, which was much too small to carry
on their work. They had printed the New Testament
and a good part of the Old in the Indian language and
the rest was making ready for the press, and they were
in want of funds partly for perfecting so costly and neces-
sary a work as completing the translation and printing of
the Bible, and partly for the maintenance of schools for
Indian children (318, 319).
While measures were taken for teaching the Indians
and their children to live according to the principles of
the Christian religion, representations were made to King
Charles of cruel and inhuman sufferings inflicted upon the
people of God called Quakers by the Magistrates of New
England. The General Court at Boston had tried all
means to prevent the intrusion of Quakers, " who, besides
c their absurd and blasphemous doctrines, do like rogues
' and vagabonds come in upon us." Any one adjudged a
wandering Quaker was to be stripped naked from the
middle upwards, tied to a cart's tail, and whipped through
Quakers in
New Eng-
land.
PREFACE. xiii
the town, and from thence conveyed beyond the Massa-
chusetts jurisdiction. Whippings, imprisonments, fines,
ear-cuttings, and even death were the punishments in-
flicted t( only for conscience sake," while many were ba-
nished upon pain of death because they were called
Quakers. The King in Council ordered that these com-
plaints should, as the petitioners desired, be referred to
the Council for Plantations. (89, 90, 92, 93.)
Three months later the King wrote to Gov. Endecott
and the Governors of all the Colonies in New England,
commanding that if there were any called Quakers already
condemned to death or other corporal punishments, or
that were imprisoned, to forbear proceeding any further
with them, but forthwith to send said persons, whether
condemned or imprisoned, to England, together with a
statement of their crimes or offences, to be dealt with
agreeable to our laws and their demerits (168). Less than
a year after this letter had been written Charles II., when
acknowledging an Address and Petition from the General
Court of Massachusetts, which he said had been very
acceptable to him, promised he would renew their charter
whenever they desired it, the principal end of which the
King then declared to be liberty of conscience; but he
added, " We cannot be understood hereby to direct or wish
" that any indulgence should be granted to Quakers, whose
" principles being inconsistent with any kind of govern-
fl ment, we have found it necessary, by the advice of
" Parliament, to make a sharp law against them, and
" are well contented that you do the like there m (314.)
i In May 1684^ Sir Thos. Modyford wrote to Sec. Bennet, " It may
take off much of the rude roughness of that sect's temper when they find
John Perrott, an eminent preaching Quaker, content for his Majesty's
service to appear in a black satin suit with sword and belt and be called
Captain." (739.)
XIV PREFACE.
The regi- Charles II. had promised by proclamation free pardon
cidps
Whailey and f r all offences committed against him during the late
Goffe * troubles, except those attainted by Parliament of high
treason, " if any such have transported themselves into
" those parts." (314.) Two of the regicides, Whailey and
Goffe, were at that very time in New England under the
names of Bichardson and Stephenson (45), and warrants
were issued for their apprehension by Gov. Endecott,
" that so they might testify to the world how much they
" abhorred to entertain or conceal such persons declared
" to stand convicted of having a hand in the execrable
" murder of the late king." Compare this letter with
John Crowne's deposition abstracted No. 161. So a
thorough search was ordered to be made for Whailey and
Goffe in Connecticut, New Haven, and New Plymouth,
and if found they were to be brought into the Massachu-
setts jurisdiction (81). A report to Gov. Endecott from
Thos. Kellond and Thos. Kirke, the bearers of the warrant,
describes the delays and the unwillingness they met with
everywhere to give them any assistance. Time was every-
where given to the regicides to make their escape, so that
the officer sent in pursuit wished he had been a plough-
man and had never been in the office since he found it so
weighty (96). Neither Whailey nor Goffe was ever ap-
prehended, though it was believed they were concealed in
New England, as indeed they were. Other papers in re-
ference to this subject are abstracted in this volume,
which, together with the report of the Royal Commis-
sioners, may be found by consulting the index. Some
interesting "Memoranda concerning Edward Whailey
and William Goffe," by Eranklin B. Dexter, are printed
in Vol. II. of the Papers of the New Haven Colony
Historical Society.
PREFACE. XV
But the Northern Colonies in America did not engross Virginia,
the whole attention of the Council for Plantations. Letters
were also written to the Colony of Virginia informing the
government there of what had heen done in England in
reference to their inspection and management, and recom-
mending that planters or those well acquainted with their
affairs should represent them in England, and that they
should apply themselves to the increase and improvement
of flax, silk, and other manufactures. They were also
directed to inform the Council how many parishes the
country was divided into, how many were supplied with
ministers and what allowances they received, and the en-
couragement given to others to go over to them (24, 32).
Sir William Berkeley had succeeded Sir Erancis Wyatt in
the government of Virginia. His first commission as
Governor was signed by Charles I. in 1641, and on 3rd
June 1650 Charles II. signed his second commission. Ar-
ticles for the surrender of Virginia to the subjection of
the Parliament of England were signed by the Governor
and Council of Virginia and the Parliamentary Commis-
sioners on 12th March 1652, and it was then agreed that
neither Governor nor Council should be obliged to take
any oath to the Commonwealth for one year, and that
some one should be sent to give the King an account of
the surrender. Almost immediately after the restoration
Charles II. signed a third commission (31st July 1660)
for Sir William Berkeley to be once more Governor of
Virginia, which office he continued to hold until his death
in 1677, thirty-six years after the date of his first appoint-
ment as Governor. While debate was had on the letter to
be sent by the Council of Plantations to Virginia, Governor
Berkeley, then in England, was desired in August 1661 to
bring in writing an account of the colony and such propo-
sitions as he conceived fit for its advantage (149). It was
M 605. b
XVI PREFACE.
in July 1662 that he received the King's command speedily
to repair to his government. The proposals which he then
made for the advancement of that colony, and the Orders
of Council thereon, are ahstracted, Nos. 332-334, 341, 345,
352-3, 357.
In the previous Calendar (1574-1660) Cecily, the widow
of Lord De la Warr, in a petition to Charles I. described
how her husband settled the plantation in Virginia, and
that the great profits and advantages which accrued from
thence were due to the large sums of money expended by
him out of her jointure, that she was left burdened with
many debts and only 10Z. per annum to maintain herself
and seven children. 1 King James had granted Lady De la
Warr in 1620 a pension of 500Z. per annum for 31 years,
to be paid out of the customs of the Plantation, which at
the date of her petition had more than half expired, and
she prayed for a renewal of her grant for another 31 years.
Her petition was not granted, though we gather from
another petition to Charles II. in this volume (239) that
her annuity continued to be paid until the year 1640, and
then ceased. So in 1662 Cicely, then Dowager Lady De
la Warr, petitioned the King that having received nothing
since 1640, the pension of 500Z. might be granted to her
for the natural life of her daughter, Jane West. The report
of Lord Treasurer Southampton on this petition is worth
recording. His Majesty, having a particular regard to the
worth and good deservings of petitioner and family, had
commanded the Lord Treasurer to certify what he con-
ceived fit to be done for His Majesty's service and the
petitioner's satisfaction. So Lord Southampton reported
that the sense he had of the present necessities of the
Crown made him a very unfit judge of the labours of any
1 Colonial Papers, Vol. VIII., No. 18, Cal., p. 182.
PREFACE. XVll
person, and therefore in all times he had declined certifi-
cates of that nature, but had complied with whatever the
King had commanded in grace to any single persons or
families, as far as His Majesty's public occasions would
permit ; and this, I hope, added the Lord Treasurer, is as
much as His Majesty will expect from me in the quality I
serve him (249). Three weeks after this report the King
signed a warrant for a pension of 200/. a year to Jane
West, in consideration of her mother's loss by discontinu-
ance for 11 years of a pension of 500Z. a year granted to
her for her late husband's services in improving the plan-
tation of Virginia (258).
It was urged that the excessive planting of tobacco, and
the consequent low price of it, was very much against the
growing prosperity of the colony, and the King was peti-
tioned not only to put the Act against planting tobacco in
England into full force, but that both the Governors of
Virginia and Maryland should be commanded not to per-
mit any ships to leave those colonies except at certain
stated times (358). In the instructions given to Berkeley
for his government in September 1662 he was directed to
give every encouragement for the production of the staple
commodities of silk, flax, hemp, pitch, and potashes ; and
to appoint commissioners to treat with those of Maryland
to restrain the planting of tobacco. The King himself
wished to undertake " an iron work," which he desired
Governor Berkeley's advice about erecting in Virginia.
The colonists made such progress in the production of silk
that in 1668 they begged the King's acceptance of a
present of 300 Ibs. weight, being the first fruits of their
labours in that kind ; and as they termed it a royal com-
modity, they entreated His Majesty's favourable reception
of it, which they said would be a very great encourage-
ment to them. At the same time they begged the King
b 2
XViii PREFACE.
to send over men better skilled in that and other staple
commodities, " for which this country is very proper," to
reside amongst them, when they would no longer depend
wholly upon tobacco, to the ruin of the colony and the
decay of the King's customs (1805-6). The King received
the present with much content, and as a mark of his
princely acceptance and encouragement commanded it to
be wrought up for the use oC his own person (1878).
These letters have been thought of sufficient interest to
print in full.
A full account of the government of Virginia was sent
to Sec. Lord Arlington, by the Secretary of the Colony,
Thomas Ludwell, in July 1666, and is inclosed in his letter
abstracted No. 1250. The year following the Colony was
visited with a series of misfortune? . In April 1667 they had
a most prodigious storm of hail, many [hailstones] as big as
turkey eggs, which destroyed most of their young mast and
fruit trees and forward English grain, brake all glass win-
dows and beat holes through the tiles of their houses,
killing many hogs and cattle. In June four Dutch men-
of-war did much mischief by sailing into James River
and burning the King's frigate and taking some 20
merchant vessels. Then came forty days rain, and on
27th August followed the most dreadful hurricane that
ever the Colony groaned under. It lasted 24 hours,
overturned houses and trees and drove vessels above high
water mark many feet. Gov. Berkeley wrote that four-
fifths of their tobacco and corn had been destroyed, and
that in Virginia and Maryland 15,000 houses had been
blown down (1505-8, 1611, 1625, 1627).
Carolina. The first charter to the Lords Proprietors of Carolina,
as already stated, is dated 24th March, 1663 (427). But
a previous patent had been granted by Charles I. to Sir
Robert Heath in 1629, and people desirous of settling in
PREFACE. xix
Carolina under the patent of 1663 were hindered hy
the Duke of Norfolk's pretentions and other claims to
the title (476). So the King hy an Order in Council
directed his Attorney- General forthwith to take pro-
ceedings for the revoking of all former letters patents
and grants of Carolina, and it was also ordered that
the new patentees should proceed in the planting of
the Province (525). This order was signed by several of
the patentees, and forms part of the valuable collection
of papers presented by the present Earl of Shaftesbury
to the Public Record Office. The " Shaftesbury Papers "
comprise a rich collection relating to the early settlement
of Carolina. The first Earl of Shaftesbury was one of the
original Lords Proprietors, and his medical adviser, private
Secretary and friend John Locke, the framer of the first
set of the Fundamental Constitutions for the goverment
of Carolina, seems to have been the presiding genius and
to have really worked hard to advance the settlement and
progress of the Colony, as the numerous papers in his
handwriting in this valuable collection prove; in fact
almost every letter received from Carolina at that time is
endorsed by the great philosopher. His original draught
of [the Constitutions, dated July 1669, is among the
" Shaftesbury Papers," and will, with the greater part of
those papers relating to Carolina, be found in the next
volume of this Calendar. There are fine impressions
(slightly damaged) of the Great Seal of the Lords Pro-
prietors described at No. 527.
At the first meeting of the Lords Proprietors on 23rd
May, 1663, it was ordered that the eight Proprietors should
contribute 25/. each which was to be disbursed according
to the orders of the majority ; 20,000 acres of land were
to be reserved in every settlement for the Proprietors, and
a declaration was agreed upon to be published to invite
XX PREFACE.
planters to settle in the Colony (457). In this declaration
power was given to the freeholders to choose Deputies to
make their own laws ; freedom of conscience was granted
and of customs on certain commodities, while 100 acres of
land was to be given to every planter within five years of
the first settlement together with proportionate grants of
land for every man and woman servant (536) . This decla-
ration was sent to Barbadoes, New England, the Bermudas,
and other places, and above two hundred gentlemen of
good quality in Barbadoes besides many hundreds of well
experienced planters expressed themselves ready to remove
speedily thence with negroes and servants (528, 547, 559,
560, 576). The Governor of Barbadoes was desired by the
Duke of Albemarle and the Lord Chancellor to encourage
the settlement (549). The Concessions and Articles of
Agreement of the Lords' Proprietors of Carolina and the
settlers from Barbadoes and elsewhere, all of whom are
named, will be found abstracted, No. 904. A little more
than two years after the passing of the first charter, a
second charter was granted by Charles II. on 30th June,
1665, .in which the boundaries were much enlarged and
greater privileges were granted (1011). The fees paid for
passing these two charters may be seen, No. 1027.
A debtor and creditor account with the Lords Pro-
prietors up to April 1666, shows that each proprietor had
then subscribed 75Z., and how the total of 6007. had been
spent (1192.) Nearly all the names originally given to
the several counties, capes, and other places after the
names of the Lords Proprietors, and which appear on maps
of the period, have been altered, and entirely blotted out,
although it is not difficult to trace the locality of most of
them. Thomas Woodward, who was appointed surveyor
of Albemarle County, in a long letter to Sir John Colleton,
describes that country with his opinion upon its settlement.
PREFACE. xxi
He quotes from Bacon's Essay of plantation, " Planting of
" countries is like planting of woods, for you must make
" account to ' leese ' almost 20 years profit and expect your
" recompense in the end, for the principal thing that hath
" been the destruction of most plantations hath heen the
" hasty drawing of profit in the first years." (1005.) The
commission and instructions from the Lords Proprietors to
Samuel Stephens, appointed Governor of the county of
Albemarle, are dated October 1667 (1619-1621.) Lieut.-
Col. E/obert Sandford, the Secretary and Registrar of
Clarendon County, when sending an account of " The Port
Royal Discovery," certified to the richness and fertility of
the soil of the country discovered, and the excellency of
the rivers, havens, &c. The total cost " in order to the
" planting and settling of Port Royal " was 284. 12s. 3d.
(879.) It measures to the Lords Proprietors, remarked
Sandford, as his foot did Hercules, the greatness of your
Sovereign's gift and to the world the greatness of your
trust and favour with him. It shows in prospective how
lasting a renown you may add to your already glorious
names, how boundless a grandeur to your longest pos-
terity (1243.) John Vassall, the Surveyor-General, gives
account of the loss of the plantation on Charles River,
and the reasons. Had his cousin Henry Vassall arrived
safely, he said, they had yet been in a flourishing condition,
but all their misfortunes were occasioned by the hard terms
of their Lordships concessions, which made the friends
that sent them out from Barbadoes forsake them. With
200Z. in clothing they might have made a comfortable
shift for another year. He himself offered to stay if 20
would remain with him, but he could not find six true
men so was obliged to leave to his ruin. He feared their
Lordships would not have a much better account of their
plantation at Roanoke, unless a better course were taken
PREFACE.
to encourage their stay, for they were not without great
cause of complaints (1601). His cousin Henry Vassall,
who styles himself sole agent for the adventurers and
planters of Cape Pear, explained to the Lords Proprietors
how highly dissatisfied the present planters were with
their concessions, " they thought these hard enough, hut
" those other concessions intolerable" (1259). InOctoher
1667, Samuel Mavericke informed the Secretary of State
that the plantations of Cape Fear were deserted, and that
some of the inhabitants had gone to Boston and some to
Virginia (1611).
New York. Articles for the surrender of New York to the English
were signed at the Governor's Bowry on the 27th August
1664 (794). Several letters had passed between the Dutch
Governor Stuyvesant and Colonel Richard Nicolls before
the surrender, all of which are abstracted No. 788 ; but
I do not find that these are printed in the Documents
relative to the Colonial History of New York, edited by
John Homeyn Brodhead in 11 volumes, quarto. Nearly
all the New York papers calendared in this volume are
printed in the above magnificent collection, and with but
rare exceptions, most accurately, and they have been of
great assistance to me in my labours. I have collated every
one referred to in this Calendar and can therefore speak
confidently on the subject. Perhaps it may be useful
to point out the few omissions and mistakes. In the printed
copy of a letter from Samuel "Wilks to Colonel Nicolls,
No. 1236, wherein he hopes all the colonies will be ready
to attend their duty " as the nature of a matter of so
" momentous a consequence may require," one line, being
the words between inverted commas, is omitted. Again,
in the report of the Council of Trade to the King, calendared
No. 1874, two lines have been omitted from the original
in the last paragraph but one, after " to trade with any
PREFACE. xxiii
" of their plantations," should be added to the printed
copy," That your Majesty will be graciously pleased forth-
" with to revoke your said Order of Council and all passes
" thereupon granted. And if any ship." The documents
in French, abstracted Nos. 1227 and 1251, have in part
been incorrectly translated. In the letter to M. D'Hinse,
surgeon at Albany, instead of the writer complaining that
last year seven ships came and we are eight and ten months
without people from France, he really said, last year seven
ships arrived with 1,800 persons from France, while
M. Hertel, writing a few days later to the same person,
did not say that he experienced much fatigue during the
war last winter and arrived in alarm four or five hours
after the governor retired, but he told M. D'Hinse that
he was still more displeased when during the war last
winter he arrived at the army four or five hours after
the Governor retired. But there is a more curious inac-
curacy or misprint in Colonel Nicoll's letter to the Com-
missaries of Albany (1219) where in the New York
Documents Mcolls is made to say, your intelligence is
mistaken for there are no soldiers quartered and accom-
modated in the Town, whereas Nicolls wrote and told the
Commissaries, that there were 100 soldiers quartered and
accommodated in the Town.
There are two papers calendared in this volume of some
interest in relation to the surrender of New York. 1 It
seems that some Englishmen who had made a voyage
to New Netherlands having been invited by the Earitane
Indians to purchase their land, bought a tract to their
liking ; upon this the Dutch Governor sent forth a man
of war to take them, charged them to depart, and said they
should not purchase any land of the Indians, but that if
1 One of these abstracted No. 622 is printed in the proceedings of the
Massachusetts Historical Society, Dec. 1868, pp. 382-387.
PREFACE.
they would submit to the Dutch Government, the Governor
himself would purchase the land and give it to them.
This offer the Englishmen refused, and being told by their
interpreter that the Dutch had tried to persuade the
Indians to kill them and bury them in the sand, got out
of the river in the night as quietly as they could. But
it appeared that the Indians had received them very
courteously and had promised to maintain their purchase,
so they desired advice how to act, esteeming" their lives not
dear for the defence of his Majesty's just rights if called
thereto (593). The other paper contains an argument at
some length upon the right given to a nation to countries
pretended to on behalf of the King, which had been dis-
covered by his predecessors and long after hidden from
those who now presumed to possess them. It is herein
stated that the lands between the east end of Long Island and
Delaware Bay were discovered by Henry Hudson, but that
differences having arisen with his mariners, Hudson was by
them imprisoned, though immediately released by the
King's orders. After which he went to Holland where
he sold his maps and cards to the Dutch, their cruel
conduct committing him to sea in a small boat after they
had got what they could of him. That Sir Samuel Argal
was commissioned by King James to demand satisfaction
of the Dutch and to warn them in the future upon pain of
confiscation of goods. After referring to the emigration
of nonconformists from Holland to Hudson's River or the
west end of Long Island, the writer proceeds, " but the
" Dutch breaking faith landed them 140 leagues from the
" place N.E. in a barren country since called Plymouth,
" and themselves in 1621 settled a factory in Hudson's
" River through fraud and treachery, to the wearing out
" of our English interest in that place, and contrary to
" their engagement to Argal that they would come thither
" no more, so that in pursuance of said engagement, all
PREFACE. XXV
" the Dutch have there, hoth ships and goods, stand liable
to confiscation." Then follow accounts of the proceedings
before Charles I. in Council occasioned by Colonel Powell
asserting the King's interest and the obstructions of the
Dutch ; the insolence and treachery of the Dutch to the
English and Natives, of which an instance is given in the
cruel murder of an Indian Sachem by the Dutch who
staked him alive for selling lands to Daniel How ; and
concludes thus : This miserable state of English interests
in that part of the world calls aloud for remedy that they
may no longer sustain the intolerable disgrace of submitting
to the intrusion of such monsters and bold usurpers (622).
Now this paper was written in 1663.
On 29th January, 1664, Sir John Berkeley, Sir George
Carteret, and Sir "William Coventry reported that they
had discoursed with several persons well acquainted with
the affairs of New England, some having lately inhabited
on Long Island, where they have yet an interest. They
further reported that the Dutch on those Colonies did not
exceed 1300, the English who lived intermixed with them
being about 600 men ; so it seemed very probable that the
Dutch might either be reduced to his Majesty's obedience,
or dispossessed of their usurped dwellings and forts, if the
King would send three ships and about 300 soldiers under
good officers. It was also suggested that the King should
send letters to the Provinces in New England to be assist-
ing therein (647). It is probable that this report was
founded on the arguments above referred to. A month
later the King signed a warrant for a grant to his brother,
the Duke of York, of lands in America, which included
the Province of New York, at that time possessed by the
Dutch under the name of New Netherlands. There are
four several copies of this warrant (675-678), in two of
which the boundaries are differently described. The
xxvi PREFACE.
King's Bill is dated the 8th March, 1664; and in this, as
well as in the Signet Bill and the Privy Seal, both dated
10th March, there is a variation from the warrants, in the
boundaries, which, however, are fully set forth in the
Patent, dated 12th March, 1664 (683-685). Dr Palfrey,
in his "History of New England" (II. 580), says : "I have
" never seen the Duke of York's Patent entire. That part
" which relates to the boundary has been more than once
" printed." This Patent is enrolled on the Patent Roll of
16 Charles II., Part 8, No. 6, and is abstracted No. 685.
Col. Nicolls, in the instructions he received from the
King in April, 1664, was directed to recover his Majesty's
rights in those places possessed by the Dutch, and to
reduce them to obedience and submission to the King's
Government (711-715).
The greater portion of Col. Nicolls' letters, as first English
Governor of New York, are printed in the New York docu-
ments, but those which are not may readily be distin-
guished by referring to the index, p. 705. His proclama-
tion to the inhabitants soon after he assumed the govern-
ment, in draught with corrections in his own hand, has
not before been printed (835) ; but the names of those noted
in the abstract immediately preceding, who took the oath
to be true subjects to King Charles, have. A list of
provisions necessary for 300 soldiers, besides officers, who
were designed to be kept in pay nine months, but had
been continued two years, and must still continue 12
months longer at the least, is worthy of note (1362), as
well as the mark of his particular protection, which the
King desired to give to an acquisition of such importance
as the reducing and settling New York (1480). A
complete list of the laws enacted by the Duke of York in
1667, and established at New York, is contained in a MS.
volume of 258 pages, abstracted No. 1623.
PREFACE. xxvii
After "his abode" of four years in New York as
Governor, where he lived with great reputation and
honour, Gov. Nicolls was in August, 1668, on his return
to England. Samuel Maverick gave him this character.
He has done the King very considerable service in these
parts, having kept persons of different judgments and
diverse nations in peace when a great part of the world
was in wars ; and as to the Indians, they were never
brought into such a peacable posture and fair correspon-
dence as by his means they now are. (1829).
The first letter from Nicolls' successor, Governor Erancis
Lovelace, is dated from Eort James, 28th August, 1668.
(1834).
Early in 1661 those Lords of the Privy Council who Servants for
were Members of the Council for Plantations had debate tiong '
on a petition of Colonel Tuke concerning proposals for
registering planters and servants going to the Plantations
(32) ; and a Committee was appointed to consider the
best ways of encouraging and furnishing people for the
Plantations ; and the powers to be given to justices of the
peace to dispose of felons condemned to death for small
offences, single men and women found to be sturdy
beggars, and loose disorderly people. The Committee
was also directed to consider of an office for registering
these people, and how the stealing of women and children
from their masters and parents might be prevented (101).
The Mayor of Bristol petitioned the King for power to
examine ships bound from that port to the Plantations, to
see that servants and passengers went of their own free
will, for among those from all parts transported to the
Plantations as servants the mayor declared that some were
husbands who had forsaken their wives, others wives who
had abandoned their husbands, some were children and
apprentices run away from their parents and masters,
xxviii PREFACE.
while unwary and credulous persons were often tempted
on board by men stealers, and many that had been pur-
sued by hue and cry for robberies, burglaries, or " break-
" ing prison" escaped (331). The Lord Mayor and
Aldermen of London likewise petitioned the Council to
devise some course for the suppression of these evils
(770).
Spiriting The " wicked custom " of seducing or, as it was popu-
toThe Pe Pe l ar ty ca ll e d> of spiriting away young people to go as
Plantations, servants to the Plantations was much resorted to and
loudly complained of. A thriving trade was driven by
these spirits, who by fraud or violence sent over servants
and others to inhabit the rapidly increasing Plantations.
Petitions were presented to Charles II. and his Council
from merchants and planters as well as masters of ships
against this custom. It was complained that evil-minded
persons voluntarily offered to go and having received
money, clothes, and other necessaries pretended they were
betrayed, carried off without their consent, in short
spirited away. Lady Yarborough in a letter to the Under
Secretary of State begged for a warrant to search ships for
a poor boy of whom she had the care, but who had been
stolen away by these spirits as they called them. Sir
Heneage Einch, the Attorney-General to whom these
petitions were referred, reported that the mischiefs com-
plained of were very frequent, there being scarce any
voyage to the Plantations but some were carried away
against their wills or pretended to be and so run away.
That a registry of passengers would be a proper remedy,
and that the King might erect such an office, although
the Attorney- General was of opinion it would never
effectually be executed without an Act of Parliament.
About the same time proposals were made for better
accommodating the Plantations with servants, and for
PREFACE. XXix
constituting an office for transporting thence vagrants,
rogues, and idle persons, felons, vagabonds, gipsies, and
loose persons " who remain here noxious and unprofitable." 1
Upon these proposals a Committee of the Council reported,
and like Sir Heneage Einch recommended that an Act of
Parliament be passed containing the necessary powers and
provisions to remedy the evils complained of (769-772, 791).
At length in September 1664, Charles II. granted a
Commission to the Duke of York and others to examine
all persons going to the Plantations whether they went
voluntarily or through any deceitful or sinister practice.
The King at the same time erected an office for register-
ing the agreements of persons voluntarily going, and
appointed Roger Whitely master of said office with the
fee of 40Z. a year and such allowances as the planters
might agree to give him (798).
Notwithstanding this Commission, however, it was found
necessary some years later to resort to Parliament for pre-
vention of these abuses. Sir A. Ashley Cooper was en-
treated to move it in the House to have a law to make it
death to spirit away, and he was at the same time assured
that his mercy to these innocent children would ground a
blessing upon himself and his own (1720). So on 18th
March 1670 an Act was passed to prevent steah'ng and trans-
porting children and other persons whereby any person
spiriting away by fraud or enticement with the design to
sell, carry away, or transport any person beyond the sea
shall suffer death as a felon without clergy. 2
Many condemned prisoners were sent to the Plantations, Condemned
the names of some will be found at No. 1431, and on re- S^the
ference to the Index. John Style, a prominent inhabitant of Plantatlons -
Jamaica, writes to Secretary Lord Arlington on this subject
with considerable emphasis. Why should not his Majesty
1 See Col. Calendar 1574-1660, p. 493.
3 Commons Journal, p. 142.
xxx PREFACE.
(he said) send out a colony, one family from each parish, as
the Romans did. Not your convict gaol birds or riotous
persons, rotten before they are sent forth, and at best idle
and only fit for the mines. Well-disposed people should
not be sent as servants for a term which is hateful to
a free Englishman, but upon meat, drink, and wages as in
England until they can make provision for themselves.
These were the conditions he authorised his son to offer ;
the ice once broken and the advantage by experience con-
firmed, he believed that there would in a short time be
equal need to restrain by a law such people from coming
as there is now to send them (1023). Towards the end
of the year 1666 a resolution was passed in reference to
the Scotch rebels which added considerably to the popu-
lation of some of our Colonies. All the Scotch rebel
officers and ministers were ordered to be hanged ; of the
common sort one in 10 was to be executed, one in 10
"forced to confession," and the rest sent to the Plantations
(1351).
Sir Joseph Crowds of minutes relating to the American Colonies
Williamson. j n "Williamson's handwriting will be found in this volume,
some of which, as will be noticed in the abstracts of them,
are scarcely accurate. This is the more to be wondered
at, as he is known to have been most painstaking in the
numerous official employments which he held during forty
years of his life. Some of these were of the highest
trust and importance, for not only did he fill the office
of Under Secretary of State for a considerable time, but
he took a prominent part at the Congress of Cologne and
in the Treaties of Nimeguen and Ryswick, and was also
Ambassador in Holland, Keeper of his Majesty's State
Papers, and Secretary of State. 1
1 An Order of the Privy Council dated 23 Feb. 1703-4 appoints Dudley
Digges a Member of the Council of the island of Virginia.
PREFACE. XXXi
II. Our Colonial Possessions in America at the opening n. Our
' Colonial
date of this volume were Acadia, Nova Scotia, Newfound- possessions
land, the Bermudas, and a part of the country which has m (
since heen divided into British, French, and Dutch Guiana,
for although Canada, with the fort of Quebec, was taken
from the French hy the brothers Kirke early in the pre-
ceding reign (July 1629), it was soon afterwards ordered
by Charles I. to be restored to France. 1
The country of Acadia and Nova Scotia is described as Acadia and
Nova Scotia*
the largest of his Majesty's possessions, abounding in good
harbours, rivers, lands, and timber, and incredibly fruitful
in mines and in fish (1486, 1877). The rival claimants
were so numerous that statesmen may well have been per-
plexed and confused with the history as they were with
the geography of the country. 2 From the first grant of
King James to Lord Stirling in 1621 the title to the
country came into dispute, and so it remained, although it
was supposed more than once to have been settled. Early
in 1662 Charles II. directed the Council for Foreign
Plantations to take into consideration the interests of the
several pretenders, and to report to the King in Council
their sense of the whole matter (224).
Sir Lewis and John, Sir David, and their brothers, Thomas
and James Kirke, Francis Berkeley, William Earl of Stir-
ling, his daughters, Ladies Mary and Jane, Colonel Blount,
who married the Earl's widow, Thomas Elliott, of the
King's bedchamber, Capt. Thos. Breedon, Lord de Latour,
1 Col. Papers, Vol. VI.,'Nos. 46, 48, Cal., p. 143. On Dec. 1st, 1631, the
King gave a grant of arms to David Kirke, and to his brothers Lewis,
Thomas, John, and James, and their issue for ever, for valour in vanquishing
the French fleet, taking Canada, and bringing Mons. Champlain prisoner to
England (Domestic, Charles 1., Vol. 204, No. 5.)
2 See p. xxxiii.
M 605.
XXXii PREFACE.
Colonel Thomas Temple, 1 and "William Crowne were all
claimants to the right and title to Acadia and Nova Scotia. 2
The country, if not " first discovered by Latour," was
certainly first settled by him and his father, who lived 15
years among the savages before any grant was passed, 3
and, having built St. John's Fort, engaged Sir William
Alexander to support his right and title and take part
of his interest. So Sir William obtained the first grant of
the country, and at vast expense and the loss of his whole
fortune, planted a colony there. Nine years afterwards
the Earl of Stirling conveyed part of Nova Scotia to
Latour, and in 1632, at the King's persuasion, surrendered
Port Hoyal to the French for 10,000., issuable out of the
revenue of Scotland, which was never paid. Hence arose
the pretensions of the Earl's widow, who married Colonel
Blount, and of his heirs. In the Earl's right came Sir
Lewis Kirke, Francis Berkeley, and others, who bestowed
vast sums in planting that country under contract with
the Earl, and who surrendered their interest to the French
for 60,000., which was never satisfied. Then the French
at Port Royal made war upon Latour at St. John's Fort,
who, going to New England for succour, mortgaged St.
John's to Major Gibbons, but found on his return that his
fort had been seized by D'Aulney, his men put to the
sword, and his wife poisoned. Latour then repaired to
France for justice ; the King disavowed the action and
gave Latour power to sieze D'Aulney, but he found on his
return that D'Aulney had been drowned by one of his own
1 Temple declared that one of the last commands that Charles I. whis-
pered to Kirke on the scaffold was to charge this King (Chas. II.) to have
a care of honest Tom Temple (Col. Papers, Vol. XIV., No. 64, Cal., p. 496.)
3 Nos. 210, 112, 343, 111, also Col. Papers, Vol. XIV., No. 60, Cal.,
p. 493.
3 Col. Papers, Vol. XIV., No. 64, Cal., p. 497.
PREFACE. xxxiii
servants, so Latour married the widow and took possession
of Port Royal and Penobscot by that right. In 1655
Major Sedgwick, without orders, turned his forces upon
the French in Nova Scotia, seized Latour's forts, killed his
men, demolished his chief fort, plundered him to above
10,OOOZ., and brought him prisoner to England. Cromwell
restored the forts and country to Latour, who for his
adherence to England was condemned in Prance as
a traitor (210, 1598-1600, 1809). Colonel Temple then
purchased Latour's interest for 8,000. (1641).
Prom a statement made by Temple and Crowne of how
they became proprietors it appears that Latour, being
unable to pay 1,800. to Cromwell's soldiers and 3,376Z. 185.
to the relict of Major Gibbons, of New England, for re-
demption of the mortgage on St. John's Port, sold his
interest to them (111). So in 1656 Cromwell granted
under the Great Seal of England to Charles St. Etienne
Lord de Latour, William Crowne, and Thomas Temple for
ever, the territory denominated Acadia and part of the
country called Nova Scotia, extending along the coast to
Pentagoet and to the river St. George, 1 which was erected
into a province independent of New England. Thus for
the first time was introduced that confusion with regard to
Acadia and Nova Scotia which so perplexed statesmen in
after times by considering those as two different countries
that were in truth the same ; the former containing the
latter and more, and Acadia advancing westward until it
met with the settlement of New England. 2
But the rival claims of the English grantees were sup-
1 Col. Papers, Vol. XIII., No. 4, Cal., p. 444.
2 Chalmers i. 187. Hazard i. 616-619. The bounds of Acadia and Nova
Scotia are described at p. 504.
c 2
XXXIV PREFACE.
plemented by a "claim by the French Ambassador in
Council " (225, see also 1644). He demanded the restitu-
tion of Acadia, but in urging his royal master's right to
the forts in New Prance, as he called it, "with the
" countries thereupon depending," fell into a strange
blunder. He accused Temple, who, he said, called him-
self Oliver Cromwell's lieutenant in America, of violence
in the house of one De la Have (241). The "Proprietors,"
Latour, Temple, and Crowne replied that they never heard
of any complaint of violence by Temple in the house of
one De la Have, neither was there any such man in the
land, but that there was a place so called which Temple
purchased from Latour ; and they in turn complained of
the hostile proceedings of Le Bourne and his barbarous
usage of the English in turning them upon an island to
live upon grass and wade in the water for lobsters to keep
them alive (226). In Richard Cromwell's time the Erench
offered to give up all their claim to the country if they
might enjoy that part/ of it from La Have northward to
New Prance or Canada (241).
The title of the English was argued at considerable
length, with quotations from legal authorities on both
sides, and the opinion of Sir Wadham Wyndham was in
favour of the right of King Charles (243). Eurther
papers on this subject are abstracted, Nos. 1598-1600,
wherein it is stated that the lands being first discovered
by Cabot at the charge of Henry VII., the first patent was
given to Sir Humphrey Gylberte; then patents were
granted to the Virginia Company, and a subdivision being
made, a part was given to New England, another to Sir
William Alexander the first Earl of Stirling to New
Scotland, who afterwards sent expressly to discover a
place for habitation, having heard that the Erench had
been removed from Port Royal by Sir Samuel Argal
PREFACE. XXXV
about ten years before. It is alleged that during the
reign of King James there was no complaint made
upon Argal for haying displanted the French (1600)
but this statement is opposed to the facts, as may be
seen by reference to the State Papers, France, of 1614,
where there is a long State Paper entitled an Answer to
the Complaints presented by the French Ambassador de
Buisseaux, the fourth and eighth articles of which have
reference to the force used by Argal in carrying out his
commission. 1
The question then arose whether the right of propriety
in the country was in Latour, Temple, and Crowne by
Cromwell's grant, in the Kirkes, Berkeley, and others for
their 60,0002., Gibbons for his mortgage, or the Earl of
Sterling's heirs for their 10,0002. The first discovery of
Canada and possession were by the English. Afterwards
the French planted and kept it, when the Scotch Patent
was granted to Nova Scotia, and were again ejected by the
English ; but at the peace Quebec was restored, yet so as
the right of the English was not taken away. So that if
the English had right the Scotch Patent cannot take it
from them. If the French usurped, it was upon the
English, and were not ejected by the Scotch, so that the
Scotch Patent could not be of force against the one or the
other. And if in the restitution of Quebec there was a
reservation of the right of the English and no reservation
thereof, it remains entire both against French and all
other. Such was the opinion of Sir John Coke (1600).
But in pursuance of the 10th and llth articles of the
treaty of Breda the King commanded Col. Temple, the
governor of Nova Scotia to restore to the King of France
See also Col. Cal. 1574-1660, p. 15.
xxxvi PREFACE.
the country called L'Accadie which the most Christian King
formerly enjoyed. Temple was at the same time warned
that it was only the country of L'Accadie he was to restore
and not any part of Nova Scotia or any other country or
province, or any part even of L'Accadie itself but what
originally belonged to the King of France, and was taken
from him by the English (1635-38). If any of the in-
habitants of Acadia preferred to live under the King of
Great Britain it was agreed by the treaty that they should
be permitted to withdraw (within one year of the restitu-
tion of said country) and sell or dispose as they pleased of
their lands, goods and slaves, or carry them away without
molestation {1654) x .
One of the privileges granted by King James to Sir
Wm. Alexander was the power to create baronets of Nova
Scotia. The country was annexed to the Crown of Scot-
land by four Acts of Parliament and the Lord De Latour
and his eldest son were made baronets of Nova Scotia
(1809. 112). King Charles II. himself granted the title
of baronet of the kingdom of Nova Scotia under the great
seal to Col. Thos. Temple and his heirs male (321) and we
gather from a petition to the King that there were external
badges to distinguish the Orders of the Garter, the Bath
and Nova Scotia but that there was no such badge to
distinguish baronets from knights bachelors (208).
Newfound- Newfoundland was granted by King James I. to Sir
George Calvert afterwards Lord Baltimore, but in 1637
" the whole continent, island, or region called Newfound-
" land " was granted by King Charles I. to Sir David
Kirke who took over one hundred persons to inhabit there.
In a letter to Archbishop Laud from Eerryland in October
1 The King in Council on 28 July 1668 commanded that Acadia should
not be restored to France until further orders (1808, 1815).
PREFACE. XXXVii
1639. Sir David Kirke says that the air of Newfoundland
agrees perfectly well with all God's creatures except Jesuits
and schismatics, and that a great mortality amongst the
former tribe had so affrighted my lord of Baltimore that he
had utterly deserted the country. Their chiefest safety was
a strict observance of the rites and service of the Church
of England and he doubted not but the country would be
numerously peopled in a short time. Immediately after
the Restoration, Cecil, Lord Baltimore, petitioned the
King about his father's grant. He said that his father had
begun a plantation in Newfoundland, built a fair house in
which he resided and expended above 30,000/. That after
his decease, Sir David Kirke surreptitiously obtained a
patent, went over the following year, and dispossessed the
petitioner of all his rights there, and he prayed that no
grant might pass to his prejudice and to be restored to his
rights. 1 When Sir David Kirke returned to England some
ten years before, he was sued by Lord Baltimore for dis-
possessing him of his house, goods, and rights, and for
keeping him out of possession many years to his prejudice
of above 20,000/., and he was laid in prison where he died
before making any satisfaction (62). After this the King
commanded Sir Lewis Kirke and the heirs of Sir David to
give up possession of houses and land belonging to Lord
Baltimore, who then appointed Capt. Swanley his deputy
in the government of the country (452).
From its first discovery until the Treaty of 1632 the
Erench had never been permitted to fish at Newfoundland,
but after that treaty the Erench who traded to Canada
and Acadia made dry fish there, and " presumed " to raise
a garrison. They soon became more numerous than the
English planters. A governor was dispatched from B,o-
i Col. Caleadar 1574-1660, pp. 35, 260, 304, 481.
XXXViii PREFACE.
chelle with two stout ships of war, and in 1665 were
laden at least 100 great ships with dry fish. Ahout this
time the merchants of London, Bristol, Southampton,
Plymouth, Dartmouth, and Weymouth petitioned the
King complaining of the prejudice they sustained by the
Dutch under De Ruyter in June 1665, by calculation
36,0002., and their great fear of the French " now planted
there." By the product of this fishing trade the King's
customs amounted to 40,0002. per annum, and the return
to the nation to 300,0002., and they prayed His Majesty
to secure the country by fortifying it (1666). But the
French were encouraged by their King to continue to
plant there, for by proclamation Louis XIV. allowed
masters of ships five livres for every man and three for
every woman carried to Newfoundland. In two years the
French had planted between thirty and forty guns in the
best harbours, and showed their King's broad seal for
government of the island. The English were driven from
their habitations, and said they must desert the land if
there were not some timely remedy. The fishermen
robbed, killed, and spoiled the inhabitants as much as
they had done before the Restoration. So Charles II. was
entreated to send a frigate or two to remove the French,
and proposals and reasons were presented to the King for
the settlement of the country. In 1668 it was said that
Newfoundland was the greatest, if not the only nursery
for seamen, and that when the trade flourished it bred
10,000 seamen yearly. That under a government the
fishery produced 50,0002. customs and brought to the
nation 500,0002. per annum. That the French had pos-
sessed themselves of three of the best harbours and used
all means to debauch His Majesty's subjects to live under
their protection, and that they would in case of war
quickly possess the whole country. If they should take
PREFACE.
Newfoundland it was asserted that, whereas they employed
400 sail and 18,000 seamen, and the English 300 sail and
15,000 seamen, they would employ near 700 ships and
30,000 seamen, and the English be shut out of 700,000/.
yearly. That it was only by a settled government that
the English could avoid the abuses of the ungoverned
seamen, who dealt with them as they pleased, and be pre-
served from sea rovers and enemies, have equal justice, a
minister to christen, marry, instruct, and bury them, and
not live as they lived now, like brutes. The having no
officers of Christianity, " so that the very natives take
notice of it," the want of justice, destruction of stages,
houses, woods, and harbours were said to be some of the
consequences of the want of a governor (1730-1).
To defray the charges of government it was proposed
that every fishing boat should pay a certain custom. But
this impost was strongly objected to by the merchants,
owners, and masters of ships, who in their reply to Capt.
Robinson's proposals to the King in Council argued that
such imposition was positively contrary to several Acts of
Parliament, and that the memory of Sir David Kirke's
actions was little encouragement for another Governor.
That the many tippling houses and taverns were first
created by Kirke to his own advantage, which was the
first cause of debauching the seamen and of the increase
of the inhabitants. That if another governor followed he
would doubtless continue the same. That laws were
violated by the inhabitants, and not by the fishing ships,
which would be prevented if the inhabitants were re-
moved. That the English possessions reached near 300
miles, with 48 fishing places, and that if St. John's were
fortified and a governor resident there, it would signify
nothing to the other places. They therefore conceived
that a governor would be more disadvantageous than pro-
xl
PREFACE.
fitable either to the public or to the trade, and they
asserted that as the Newfoundland fishery was contrary to
charter, already carried on by the inhabitants and boat
keepers in great part, so if a governor were settled and the
inhabitants continued, the trade would in a few years be
removed from this kingdom and become as the fishery of
New England managed altogether by the inhabitants, so
that not one ship had sailed on that employment out of
England for seven years (1729-1732).
Bermudas. The Bermudas or Somers Islands were granted in 1615
to the Earl of Southampton and others by the name of the
Company of the City of London for the plantation of the
Somers Islands, who governed the plantation and managed
their own affairs without any charge to the Crown. The
customs from tobacco imported thence amounted to
thousands of pounds yearly, so the King occasionally
granted them supplies of powder and ammunition out of
His Majesty's stores (1334-5). A collection of Laws and
Orders with the rental of the public land and an account
of the glebes and ministers' entertainment and respective
settlements will be found No. 399. The colony was pro-
prietary, so that there are but few papers relating to the
history of it in this calendar. Lieut.-Gen. Sir J. H.
Lefroy sometime Governor of the Bermudas has compiled
from the colonial records two thick 8vo. volumes of Memo-
rials of the Discovery and early Settlement of the Ber-
mudas which includes the State Papers of value preserved
in this department.
Guiana. Several attempts were made in the reign of Charles I.
to plant and colonize the river Amazon and the country of
Guiana. As early as 1627 the Duke of Buckingham
granted Roger North two prize ships for that service, and
certain " inducements " were propounded to the King to
take the adventurers to Guiana and their plantation under
PREFACE. x li
his protection. One George Griffith also sent men to
plant on the coast. In a petition to the King in 1638 he
said that his Majesty's subjects were the first Christians
who ever planted there, that the design was very hopeful,
and he prayed the King to encourage adventurers to under-
write so that Englishmen might be planted there before
the Dutch or any other nation. 1 In 1650 Francis Lord
Willoughby furnished out a vessel, and by treaty with the Surinam,
natives of that part of Guiana called Surinam began to
settle a colony there, and at his own cost equipped a ship
of 20 guns, and two smaller vessels with things necessary
for the support of the plantation. Two years later, for
the better settling of the colony, he went in person, fortified
and furnished it with things requisite for defence and
trade, and in March 1654 the Council of State, upon the
report of a petition from Lord Willoughby, recommended
that letters patent should be granted to him and his heirs
of a large tract of land which comprised the Colony of
Surinam. 2
The King's interest in Surinam extended to the Orinoco,
and the whole tract of land was about 350 square leagues.
Lord "Willoughby had expended near 20,0001. at Surinam,
and he desired 30 leagues for himself and his heirs, but the
Committee for Foreign Plantations thought that too much
for one man (83.) Their report is dated May 1661, but in
May 1663, Charles II. taking into consideration the
faithful services of Lord "Willoughby, and his desire that
Lawrence Hyde, second son of Edward Earl of Clarendon
might be joined with him, granted to them jointly all that
part of the mainland in Guiana called Surinam by the
name of Willoughby Land, except 30,000 acres reserved
to his Majesty for demesne (451.) The colony is described
1 Col. Calendar 1574-1660, pp. 83, 101, 270.
2 Interregnum Entry Bk., Vol. CIIL, p. 169.
xlii PREFACE.
at this time as in good order with about 4,000 " generous
and obliging " inhabitants ; the country as healthy and
fruitful and abounding with strange rarities both of beasts,
fish, reptiles, insects, and vegetables, the which for shape
and colour were wonderful, the air moderately hot and
the natives numerous (577.) Towards the end of the
year 1666, the inhabitants were infected with a wasting
sickness and in a condition rather to invite than repel an
enemy's force. While in this condition a Dutch fleet of
seven sail with 1,000 men under Admiral Crynsens
anchored before the fort. A summons was sent to
Governor Byam to surrender, with a promise that all the
inhabitants should retain their possessions, but that in
case of refusal no quarter would be given. Governor
Byam refused ; but after two or three hours fighting was
forced to surrender, having but 50 Ibs. of powder left
(1421, 1814.) The narrative and articles of surrender will
be found abstracted, Nos. 1421-2. About six months
after the Dutch had obtained possession, Sir John Har-
man, with a large fleet appeared before the fort at Suri-
nam, and on 7th October 1667, it surrendered and became
once more an English possession. A Court-martial was
held upon Governor Byam at his own request in reference
to his surrender of the fort to the Dutch, which declared
that he had in all particulars demeaned himself as became
a loyal subject, a valorous prudent commander, and an
honourable person (1540.) But in accordance with the
3rd and 6th Articles of the Treaty of Breda, the Colony
of Surinam was ordered by the King in Council to be
again surrendered to the Dutch (1638, 1785-6).
The Dutch having thus got a part of Guiana from the
English, claimed the whole main (1812). They had before
possessed themselves of several islands within the extent of
his Majesty's Commission, and of some settlements in
PREFACE. xliii
Guiana, regarding which Lord Willoughby, then Governor
of Barbadoes, desired to know his Majesty's pleasure (830.)
Berbice was at this time in possession of the Dutch, Berbice.
though it was daily expected that Lord Willoughby would
reduce it with other Dutch colonies (944, 106*7.) He set
out 300 men and took Paramaribo and Essequibo, and Paramaribo
and Esse-
Secretary Lord Arlington was informed in January 1666, quibo.
that both Berbice and Curasao would be taken, and then
the English would have all the Dutch trade in the West
Indies (1126)
There is a narrative in detail of the taking of Cayenne Cayenne.
from the French, who fought most valiantly. They began
" according to the custom of their nation to charge
" furiously." If ever officers in the Indies fought like
themselves and their soldiers like men it was here. The
French Governor de Lezy and a considerable number were
wounded, besides 23 killed on the French side, while on
the English side the Commander of the Forlorn was shot
in seven places, two of his men were wounded and one
killed. Thirty-nine pieces of ordnance and large quantities
of arms and ammunition were found in the fort: The forts
and strong buildings were demolished, " the stock of
" Cayenne fully destroyed, the best of the buildings left
" in the last of their flames and more plunder, consisting
" of negroes, sugar, coppers, stills, mills, cattle, and horses
" carried away than will ever be known" (1540).
III. Our Colonial possessions in the West Indies at this HI. Our
Colonial pos-
period were Antigua, Dominica, Montserrat, Nevis, and St. sessions in
Christopher, the Leeward Isles ; Barbadoes, St. Lucia, St.
Vincent, and Tobago, the Windward Isles ; and Jamaica.
Grenada, although included in Lord Willoughby's grant of Grenada.
the Caribbee Islands, was sold by the French West India
Company to Du Parquet, the Governor of Martinique, who
in 1668 had a great desire to " swop " it for St. Kitts, lately
xliv PREFACE.
taken by the French, and which Lord Willoughby thought
hamas. a ~ would be no ill bargain. 1 There was no grant or settlement
of the Bahama Islands before 1670.
Antigua. Antigua is described as a brave island, not inferior in
bigness to Barbadoes, and worth all the rest of the Lee-
ward Islands except Barbadoes, because of its fertile soil
and incomparable safe harbours, and of its great conse-
quence to the King (1 663, 1692-4) . It was frequently sub-
ject to the incursions of French and Indians, who three or
four times a month would visit the island, so that the whole
business of the planters was to keep what they had, and
but for Lieut. -General Willoughby and 500 men with him
the French had soon been masters of the island. When
he draws off his men, wrote the President of the Council,
we shall be in great danger except ships come from Eng-
land, for the seas are now altogether in obedience to the
French (1224). And so it turned out, for a few months
after Willoughby left the island, the French landed in
November 1666 after a short opposition, and pursuing the
Governor into the woods took him prisoner, some of the
inhabitants escaping in boats to Nevis. Another account
says that the French came with English colours, landed
without opposition, and surprised the fort and Governor,
and that they had 18 ships, and landed 1,500 men (1347,
1390). Henry Willoughby told Secretary Lord Arlington
that Antigua was attempted by 15 French ships, with about
700 or 800 men, who by the treachery and cowardice of
several of the inhabitants met with little opposition, and
after imposing the oath of allegiance to the French King,
plundered them of goods and arms and left them to the
mercy of the Indians, contrary to the articles of surrender.
Nos. 387, 568, 891, 1692.
PREFACE. xlv
This base usage, he added, made the people of Nevis and
Montserrat more resolute and forward (1400).
Francis Lord Willoughby had set out from Barbadoes
in the previous July with a fleet for the relief of the Lee-
ward Islands, but before he could reach Antigua the fleet
was dispersed in a storm, some of the ships were lost, and
Lord Willoughby himself was drowned (1258). His
brother Lord William, who succeeded to the government,
arrived at Antigua with a fleet towards the end of April
1667. They burnt several French ships, retook Antigua
and Montserrat, and put the people in such heart that they
feared not any enemy (1512). He told the King in 1668
that Antigua had been cruelly fired and plundered by the
French; then by their advice the Indians treated men,
women, and children most inhumanly; and lastly, some
Irish destroyed what was left. That Antigua had suffered
more than any of the other Leeward Isles, but was incom-
parably the best, and that if it had due encouragement
from the King it would become a second Barbadoes (1663-
1692).
The inhabitants of Antigua in a petition to Governor
Willoughby expressed their thankfulness for his care of
them, and in a paper of proposals they desired church
government to be established among them, oblivion for
their compulsory obedience to the French, that their
courts of justice might be in the hands of honest and able
men, and that every man might have the title to his estate
renewed, except such as had run away to the French, with
other requests and privileges, nearly all of which were
granted (1687-8).
There were at this time about 1,100 men upon the
island formed into a regiment, but the greater part wanted
arms. An Act was passed allowing 10 acres per head to
settlers, and two places were set apart upon which to build
xlvi PREFACE.
towns adjoining the most commodious harbours. At the
same time convenient lands were reserved for the King's
use near the best harbour, called English harbour. The
inhabitants were "suddenly" to produce great crops of
tobacco, as also sugar, for which a supply of negroes was
necessary. But one of the chiefest wants of all the islands
was pious, learned, and orthodox divines (1788).
Dominica. The King in his instructions to William Lord Willoughby
in February 1667 gave similar powers to those previously
given to his brother Francis Lord Willoughby, to treat with
the natives in the West Indies, especially with those of St.
Vincent and Dominica; but if they were injurious or contu-
macious to persecute them with fire and sword (489, 1403).
So in February 1668 Lord Willoughby instructed Major
James Walker to take Captain Thos. Warner to Dominica,
and if he could beget a good understanding between Warner
and Ms allies to leave him there, with orders to bring the
French party over to peace with our nation, and to procure
a general release of the English captives who had been
taken there by the French from Antigua, Montserrat, &c.
But if it were found unsafe, after trial of the humour of the
Indians, to leave Warner, then to bring him back to Bar-
badoes, with such of the captives and Indians as he could,
attacking and destroying the Indians and their towns.
Warner was the son of Sir Thos. Warner, Governor of St.
Kitts ; but though his mother was an Indian he was edu-
cated and lived with his father until he was 30 years of
age, and received a commission to be Deputy Governor of
Dominica. He suffered exceedingly by the French, by
whom he had been taken prisoner for his loyalty to the
English. It was objected by the French General De la
Barre that Warner had never lived as a Christian, but as
a Caribbee, and that his return to Dominica would cause
a broil with the natives, who, De la Barrc said, the French
PREFACE. Xlvii
must support, as having ceded the island to them ; but
Lord Willoughby insisted that Dominica was within his
own government, and though inhabited by Indians he saw
no reason why the English should not settle there and the
Indians be brought under the King's obedience, which
they eventually were by treaty in 1668 (1663, 1690, 1693,
1717, 1788, 1901).
News arrived in London in January 1667 that Montserrat
was wholly reduced by the French, and the inhabitants
like to be starved for want of provisions (1392-3). Gover-
nor Sir Thos. Modyford informed Sec. Lord Arlington that
the French had had success on Montserrat and that upwards
of 600 of the inhabitants had come to Jamaica extremely
plundered, even to their very shirts, so that many would
have perished had they not been relieved by the charity of
the planters (1456). So Capt. Berry was sent with a fleet
to relieve Montserrat and Nevis and destroy the French
ships, and he succeeded in fetching off 400 Englishmen
from Montserrat ; two Frenchmen who had been left Gover-
nors were taken prisoners (1477), and the French and
Irish upon the island were sent to Nevis (1528). The
inhabitant freeholders of Montserrat in a petition to Go-
vernor Willoughby said they had been conquered by the
French under De la Barre, and were by them possessed and
governed some months, but that Capt. Berry reduced the
island upon which they were reinvested in the small
residue of their estates. And they prayed to be confirmed
in their former possessions and privileges (1668).
Montserrat is described as a fine little island with as
much plantable land as Nevis, very fertile and well settled,
but far short of Antigua, "cruelly destroyed" by the
French and almost wholly possessed by Irish, many of
whom, for behaving as their countrymen did at Antigua
were " fairly hanged." and others when hunted out of the
M 605. d
xlviii PREFACE.
woods were promised the same fate. The rest, about 400,
swore to be loyal, and I believe them said Governor Wil-
loughby until an enemy appear (1663, 1692, 1724). How
the Irish behaved in Montserrat is described in a declaration
of the inhabitants themselves. They said they had been
devastated in the late war above any of their neighbours
not only by their enemies, but likewise in a most barbarous
and inhuman manner had been robbed, plundered and
almost utterly consumed by a party of rebellious Irish,
their neighbours, in such sort as it was almost impossible
either for man or pen to describe (1676). Lieut.-Col. Sta-
pleton, a gentlemen of known valour and integrity, born in
Ireland and therefore understanding the better to govern
his countrymen, was in July 1668 commissioned Governor
of Montserrat (1788).
Nevis. The Council and Assembly acknowledged the blessing of
God in the almost miraculous restoration of the King,
whose appearance, they said, like the rising of the sun
soon dispelled all those condensed fogs of malignity and
oppression in that almost depraved nation [of England].
But they complained in conjunction with the other Lee-
ward Islands that they were now debarred from that
freedom of trade which they had formerly enjoyed, by
reason of the Acts of Trade and Navigation which had
lately been passed in Parliament (731, 804).
Now though De Ruyter could not boast of what he had
done at Barbadoes, for in truth, he was not only unable to
carry away any shipping from thence, but himself received
considerable damage, yet at the Leeward Isles he had better
success and carried away 16 ships from Montserrat and
Nevis (992). As soon as the Governor of St. Kitts received
the King's proclamation of war against France he re-
quested assistance from Nevis, whereupon Governor Rus-
sell sent him 400 men, but on a second application he
PREFACE. xlix
was told the island could not spare any more (1181) . When
St. Christopher was taken by the French in April 1666, men,
women, and children to the number of 2,000 were sent to
Nevis " to the great weakening of the island, provisions
" being extremely scarce" (1214). In consequence of let-
ters from Governor Russell stating that Lieut.-Gen. Henry
Willoughby was expected in Nevis, and that his presence
would be a reviving to the inhabitants and a security to
the King's interest, he was ordered to depart forthwith and
conduct the forces there (1458). Lord Willoughby shortly
afterwards informed the King that had not his son Harry
stuck close to Nevis it had been lost, still he said the
island was in so desperate a condition for want of pro-
visions and arms that further relief was necessary to enable
them to hold out (1476-7). The French were about to
attack it with 4,000 men and 1,500 Indians, but happen-
ing to take a sloop sent by Lt.-Gen. Willoughby to assure
Governor K/ussell that within ten days they should have
ten sail of stout ships, the French mistaking the style
apprehended they would be down the next day and so
desisted from their design 1 [1484).
A battle between the English and French fleets was,
however, imminent, and on the 10th May, 1667, they met
in Nevis-road. The two fleets engaged, and the fight
continued more than four hours. On our side were ten
ships and a fire ship, under the command of Capt. Berry ;
on the enemy's side, twenty men-of-war and ten or twelve
other vessels. During the fight a ship of Bristol blew up,
and most of her seamen and thirty soldiers were killed.
Our fleet behaved like Englishmen, and drove the enemy
1 A curious instance of the effects of the different computation of ten
days between the old and new styles at this period, see other examples in
the preface to Bond's Handy Book for verifying Dates.
d 2
1 PREFACE.
before them to the very shore of St. Kitts, where they took
shelter under Basse-terre town. The French in this action
sustained considerable loss; on our side only 24 men were
killed and 28 wounded, and our ships came off well. The
want of re-inforcements was urged upon the Home
Government again and again. "We cannot long even
defend ourselves without considerable supplies from
England, said Lord Willoughby, for if Prance and Holland
be on one side, and on the other only Barbadoes and Nevis,
who can expect but that in the end they will prove too
weighty. Had our fleet been beaten at Nevis, that poor
island would not have met with gentle usage, for De la Barre
declared he would give no quarter. He had a considerable
force, and the Cannibal Indians plied off during the fight
in their boats, as it were hovering over their prey. There
were great numbers of negroes in arms, and the French
had stirred up the Indians against us, so that there were
enough altogether to devour many such places as Nevis.
But the courage of our men was good (1488). Happily
Sir John Harman arrived in the nick of time from
Martinique, where he had destroyed the French fleet.
Being now masters of the sea, wrote Governor Russell, we
hope in good time to be masters of the land (1521). Lord
"Willoughby told the King that the charge of preserving
Nevis, which otherwise had been undeniably lost, had not
been less than 50,000., and they were then going to fortify
themselves at no less expense (1539).
The question which arose towards the end of 1667
whether it would not be convenient to separate the govern-
ment of Barbadoes from Antigua, Montserrat, ^Nevis, and
St. Kitts was strongly opposed by Gov. Lord Willoughby.
He told the Council for Plantations that Barbadoes had
gained Antigua and Montserrat with the fleet set out at their
own charge, which afterwards preserved Nevis, and by that
PREFACE. li
means Nevis outlived this last storm of war. He said he
did not use this argument to gain a territory, it heing his
right by patent. He was then about to visit Nevis, and to
bring that island into better order than his brother Russell
had yet modelled it (1650).
On his arrival in January, 1668, Lord Willoughby opened
the Assembly with a speech in which he said that though
he was no good orator, yet he hoped he should so speak as to
be understood, and that they would like plain dealing best.
He requested them to lay aside all animosities, said he was
sorry to see the effects of the late hurricane, and to ease
them had taken care for the speedy removal of the soldiers,
but was heartily glad that through his own care in supply-
ing them with shipping, soldiers, and other necessaries at
vast charge, whilst their neighbours had been destroyed
and laid in ashes they had been preserved, and he exhorted
them first to serve God and next their long. (1665.)
In a report to the King of his visit to the Leeward
Islands, where he had been seven weeks " dashing to and
again among them," Lord Willoughby reckoned the people,
1,200 fighting men at least, to be good subjects (1692).
To the Privy Council he reported in July, 1668, that the
late war and long settling had much decayed, and the late
hurricane greatly injured the island. The inhabitants, too,
were overburthened with ruined families forced thither for
refuge during the war, but were exceedingly grateful and
civil to the soldiers even beyond their abilities. The island
was sickly, and many of the chief settlers were removing
to Antigua (1788). A petition of Governor Russell, the
Council and Assembly of Nevis to the King relates how the
ships of war under Capk Berry and Sir John Harman pre-
served them from the cruel .French and bloody Indian
cannibals, whilst on all their neighbouring fellow subjects
were such outrages committed " as cannot easily be rased
lii PREFACE.
out of the memory." During this time the only refuge
for 5,000 distressed men, women, and children was their
poor island, which had long been besieged, so that no pro-
visions came to their relief, and at last their chiefest food
was the herbs of the field boiled with salt only, insomuch
that, had it not been for the officers and soldiers, the com-
monalty would have rather yielded to the sword than to
famine. In this juncture two ships from Hamburgh were,
by the Council at which Major- General Sir Tobias Bridge
was present, allowed, contrary to the Acts of Trade and
Navigation, to supply the island with provisions for pay-
ment. So petitioners implored the King's pardon, since
they were able by a cloud of testimonies to prove that his
Majesty's service and their own groaning necessities com-
pelled them rather to fly to his pardon than to perish and
become murderers. So the King directed the Attorney-
General to prepare a Bill to pass the Great Seal containing
his Majesty's free pardon to all concerned, with a remission
of the penalties incurred (1880, 1893).
St. Christo- The island of St. Christopher was inhabited by the
i)h6r.
Erench at both ends, while the English in the middle were
divided from them by mountains through which there was
only passage for men on foot (1179). As soon as the
King's declaration of war against Erance reached Governor
Watts he gave the Erench General, De la Salle, according
to agreement, three days' warning, one account says, 24
hours, telling him that he must then expect an assault ;
Governor Watts had been re-inforced with 500 men from
Nevis and 200 buccaneers under the command of the
valiant Colonel Morgan. So but little if any preparation
was made by the English, who depended upon their own
strength Which was two to one of the Erench or even
more. At the expiration of the time agreed upon the
Erench General asked for 48 hours longer, which Governor
PREFACE. liii
Watts granted without consulting his Council, but the
next morning De la Salle marched from Basse-terre with
a considerable body of horse and foot as well as negroes
armed with bills, hoes, and fire brands, each negro having
been promised a white wife and freedom as well as plunder.
They burnt all before them, the houses and the people in
them, killing men, women, and children without opposition,
and advanced three miles within the English quarters to
St. Nicholas Town where Mrs. Jordan, a gentlewoman of
good reputation, endeavoured by flight to save herself with
three or four children, but the whole party was forced back
by the French soldiers into their own house and burnt.
Lieutenant Hoskins perceiving a negro ready to set fire
to St. Nicholas church cut off his head and so put a
temporary stop to the rest of the negroes, but General De
la Salle advancing with two " Religious," Hoskins with
his men retired into a thicket near the Church and at
one volley killed the General, the two " Keligious," and
several others. After a pause the French again advanced,
and though Hoskins and his men fought with great
bravery they were overpowered by numbers and all put
to the sword, and all the next day the French continued
burning and killing. While this was going on Colonel
Morgan went to Governor Watts, " whom he found in his
gown and slippers in his own house," and presenting a
pistol to his breast called him coward and traitor and
swore, buccaneer like, to shoot him if he did not immediately
" fall on." Upon which the forces from Nevis advanced
to the French Quarter near Sandy Point where a garrison
of 200 well armed men received them with much resolu-
tion. After much hard fighting the English obtained
possession, of this post, but Governor Watts coming up
with 200 or 300 men fired at both French and English,
killed 40 or 50 English and shot Colonel Morgan through
liv PREFACE.
both thighs and was himself shot through the head.
Another account says that most of the buccaneers were
killed or wounded and the Irish in the rear " (always a
" bloody and perfidious people to the English protestant
" interest) " fired volleys into the front and killed more
than the enemy of our own forces. Most of the officers
fell, Colonel Morgan shot in both legs and mortally
wounded, Governor Watts, Squire Darcy the Royal African
Company's factor, and many more killed. The main body
of the French then pushed forward ; thousands of women
and children with great shrieks disheartened the rest of
the English, some of whom saved themselves in boats
while others made the best terms they could with the
enemy. After this the English made but little opposition,
being betrayed into submission by Colonel Reymes, who
made them believe the French had 2,000 fresh men landed
at Basseterre, in which villany he was seconded by Colonel
Lovering and Lieutenant Clarke, so that the enemy who
at first implored mercy were now entreated to show pity,
and by Thursday night the French were masters of the
whole island and of twice the number of prisoners as
themselves, and set up their flag in Charles Fort. Numbers
were sent off to New England and Virginia and about
1,500 to Nevis, " this little spot being now a mere hospital."
Squire Darcy behaved gallantly and was killed at head of
his troop of horse. This relation was had from Squire
Warner, Squire Austen, and other considerable persons of
Antigua, and is also taken from a letter from Francis
Sampson, Secretary of Nevis (1212, 1214, 1220).
There are several other accounts of the loss of St. Kitts
in which the conduct of Governor Watts is very differently
spoken of. Governor Lord Willoughby gave no credit to
the accounts of Governor Watts' cowardice, and told
Charles II. he behaved very well. Lord Willoughby in
PREFACE. ly
his report to the King said that the French, "better supplied
and hetter instructed, surprised the English, destroyed all
with fire and sword, and had become masters of the wind-
ward half of the island. Though supplied with a trained
band of 1,000 men the alarm caused the English of the
leeward side to advance into French ground where they
met with a very hot reception, the privateers who fought
stoutly lost most of them their lives and the Governor who
behaved very well and received five wounds was killed.
The fighting of the planters could not be at all commended.
It appeared that the French beat up their outguards and
so fell in pell mell among the planters with fire and sword
and quickly became masters of that part of the English
ground, which struck such terror into the rest on the other
side of the island that they gave it up without a stroke
(1204-5). Lieut. -General Willoughby, nephew to Lord
Willoughby, in his letter to "Williamson says, that the loss
of St. Kitts was through the cowardice and treachery of
Lieut.-Col. Lovering, who most dishonourably cut down
the King's flag, of Colonel Eeymes, and others (1273).
Margaret, the widow of Governor Watts, in a letter to Sir
"William Darcy at Whitehall told him that " her dear Watts
" and Sir William's son, patricians both, fell in one hour,"
and that though there were above 1,600 well armed men
their treacherous officers would not suifer them to fight
but cowardly surrendered to the French, and she and her
fatherless child were forced to fly for their lives without
enough to buy provisions. She described her sufferings
in Nevis where she met with Job's friends who said her
husband was the traitor that had sold the island and they
hoped he was ere this in hell. She was kindly welcomed
at Barbadoes by Lord Willoughby who " threw it aside "
as not to be credited of a man who received so many wounds
as Governor Watts, and yet fought on to the last gasp.
Ivi PREFACE.
All accounts agree as to the conduct of Colonel Reymes.
He told his men he would make as honourable terms with
the French as ever they had with the English and wrote
to the French General craving submission, and it is said
had not so much honour as to demand the corpse of his
commander which he hoped would appease their wrath,
All who would not take the oath of allegiance to the
French King fled off the island, but most of the rich ones
valued their money above their God and stayed with
Reymes who conducted the enemy to the English quarters,
took down the English and put up the French flag. This
is the account given by the widow of Governor Watts
(1206). Another account says, whether by the treachery
of "Watts or his too much forwardness or the cowardice
and treachery of other commanders, as Colonel Reymes
and Captain Nicholas Taylor, the island is now possessed
by the French. On seeing the English force, which was
three if not .four times the number of their own, the
French concluded to send for conditions, but before they
could do so, a flag of truce was sent by the English which
was received with no small alacrity, and they laid down
their arms before they were scarce demanded (1214). The
articles of surrender are dated llth April 1666 (1180).
Some inhabitants of St. Kitts, who afterwards came to
England, reported to the English Government that the
island was lost through the cowardice and indiscretion of
the Governor and those chiefly entrusted there (1278).
Sir John Knight told Secretary Lord Arlington that St.
Kitts was betrayed by the Governor, who was thereupon
pistolled and killed by Colonel Morgan ; and that Colonel
Reymes and some of the chiefest of the island had revolted
to the French and possessed their estates (1257, see also
1254) . The cruelties of the French were loudly condemned
in England, and " the country was vehemently exasperated
PREFACE. Ivii
against the French barbarism" (1235, 1238). In a re-
monstrance from several thousand inhabitants of St. Chris-
topher to the King some eighteen months later they
complained of the continued oppressions of the French ;
that many of the English inhabitants had sold their estates
for almost nothing, and were stripped and plundered of
all they had at sea ; that an examination into the inhu-
manities of the French nation, with the barbarous usage
of the Indians by their order, and the miserable cruelties
shown to prisoners of war, would make all nations abhor
the name of that nation ; that they made Christians grind
in the mill instead of cattle, many starved, and numbers
were sent to uninhabited lands (1629) .
In June 1667 an attempt was made to retake St. Chris-
topher, but after two hours and a half hard fighting the
English were forced to retreat, with the loss of 506 men
killed, 284 wounded, most of them mortally, and 140 pri-
soners. " Brave E/ellamont " was killed, and Colonel
Stapleton, Lieutenant- Colonel Cutter, and Captain Talbot
were among the wounded. The French on their side lost
130 killed and 340 wounded. 1
By the treaty of Breda, France engaged that restitution
should be made of the English part of St. Christopher ;
but although Louis XIV. ordered his Lieutenant-General
in the West Indies to make restitution to King Charles, 2
difficulties arose, which caused delay. These are explained
in Dr. Sir Leoline Jenkins' report to the Council for Planta-
tions, and in Lord Willoughby's narrative of his proceed-
ings, dated in December 1668, from which it is evident
1 Nos. 1498, 1520, 1524, 1529-31.
2 Nos. 1591-5. At p. 717 of Index all papers relating to the restitution
will be found.
Iviii PREFACE.
that the island had not at that date been restored to
England! (1883, 1900).
Barbadoes. Barbadoes, " that fair jewel of your Majesty's crown,"
the metropolis of the West India Islands, 1 has always been
in the possession of the English. During the first seven
years after the King's grants of the island it was but little
improved, on account of the rival claims of the Earls of
Carlisle and Pembroke, both of whom had distinct grants
from Charles I. The right was, however, finally settled
in the Earl of Carlisle, and after the numerous creditors of
the grantee had obtained a decree in Chancery in 1644
for the amount of their debts, amounting to about 30,000/.,
and an assignment in 1649 for 21 years of half of the
profits arising out of the Caribbee Islands, the remaining
half was granted to Francis Lord Willoughby, who was
constituted Lieutenant- General of those islands, also for
21 years, but was not to receive any other reward or allow-
ance. At the expiration of that time all the right, title,
and profits were to be surrendered to the King. 2 An Order
of the King in Council, dated 13th June 1663, the day
after Charles II. signed Lord Willoughby's commission as
Governor, finally disposed of the pretensions of all those
who claimed title or interest under grants from Charles I.,
when all revenues would revert to the Crown, with but
one reservation, viz., a grant of 1,000. per annum to the
Earl of Kinnoul and his heirs in perpetuity (482, see also
Nos. 387, 1432).
Soon after the troubles began in England, the Dutch
came to Barbadoes and taught the inhabitants the art of
making sugar, and having free trade and plentiful supplies
of necessaries their manufactures increased very much
1 Nos. 578, 1204.
2 Nos. 34-37, 80, 181, 485, 1657, 1679.
; PREFACE. li x
every year. It is estimated that in 1643 there were 18,600
effective Englishmen in Barbadoes, 8,300 of whom were
proprietors ; hut that the value of the island was then not
one seventeenth so considerable as in 1666; that there
were also about 6,400 negroes, whereas in 1666 their
number had increased to upwards of 50,000. The build-
ings were mean with only necessary things fit for use,
while in 1666 plate, jewels, and household stuff were
estimated at 500,000/., and the buildings were " very fair
and beautiful,'* the houses like castles, and the sugar
houses and negroes' huts showed themselves from the sea
like so many small towns, each defended by its castle.
Emigration to New England, Virginia, Surinam, Jamaica,
and other of the West India Islands was very considerable
in the earlier years of Charles II's reign, the number being
computed at upwards of 12,000, though few men who were
born on the island left it (1657). This emigration was partly
caused through Barbadoes having been " sadly afflicted "
in 1663 with strange and unusual caterpillars, which like
the locusts of Egypt came upon the land and devoured
all things, so that the poorer sort of people, who were
very numerous, were very hard put to it, and must have
starved if they had not been supplied with victuals from
New England, and many were forced to leave Barbadoes
merely for want of food (578, 669). Gov. Willoughby
was very much against sending off people to " furnish "
other colonies. He informed Sec. Lord Arlington that
he had furnished Sir Thos. Modyford with about 800
people, but earnestly requested that the King might be
diverted from giving any more such orders, for he said it
is not beginning at the right end to improve his Majesty's
interests in these parts, for he doth but take out of his
right pocket to put into his left. Europe, he said, was
the magazine of people, and from thence his Majesty
l x PREFACE.
ought to send a constant supply every year. It had been
found by woeful experience that in all new settlements
whither people were removed from the old ones 10 die for
one that comes fresh and raw out of Europe ; he must
refer to the physicians for the reasons (764). There was
a constant incoming and outgoing of strangers, and seldom
fewer than 60 or 70 ships lying at anchor. Four hundred
sail were employed yearly, which loaded 10,000 tons with
the manufacturers of England, and returned with sugar,
cotton, indigo, and tobacco ; and as many tons of goods
were shipped from thence as from the two " famous
" empires of Mexico and Peru " (1657, 1679.) The island
is described as no less pleasant than fruitful, being like
one great garden, and such plenty of all things that a man
need not wish himself in London ; it was not so hot as
Spain in the dog days (1035). It contained 100,000 acres,
worth from 10. to 20. per acre, and was divided into 11
parishes, with ministers, " whose lives for the generality
" run counter to their doctrines." l There were in 1668
60,000 inhabitants, of whom two-thirds were blacks. The
Militia consisted of six regiments of foot, two of horse,
and a life guard, in all about 6,000 men. The forts were
few and said to be none of the strongest and ill furnished
with artillery (739, 1368, 1771, 1788).
On Saturday, the 18th of April 1668, happened a most
terrible fire, which in less than six hours consumed three
fourths of St. Michael's Town, the metropolis of the
island, with the principal powder magazine. The fire was
supposed to have begun in Messrs. Bond and Bushell's
house, but though James Costen was in the counting
1 In one parish no minister was to bo had, other parishes were supplied
with unordained ministers ; the archbishop of Canterbury was entreated to
send over some able religious ministers for whom 12,000 Ibs. of sugar would
yearly be contributed besides other conveniences (84).
PREFACE. Ixi
house he could give no account of it. It was, however,
suspected either that a little negro boy took up a candle
into the garret, or that it was kindled by a spark from a
neighbour's house. Next door was the magazine with 170
barrels of powder, which struck such "amazement" into
the people that they durst not give any assistance, other-
wise a great part of the devastation might have been pre-
vented. It was a miracle of mercy that when the maga-
zine blew up it did not destroy many hundreds, for had
the powder been in the lower instead of the upper rooms,
or had met with any opposition, it had made a great earth-
quake, and few in or near the town could have escaped.
As it was this blowing up so " dissipated " the fire and
shattered the houses that the whole town became a prey to
the flames. It was calculated that near 800 houses were
burnt down. Another account says the fire of London
was not worse. There were between 200 and 300 barrels
of gunpowder in the magazine when it blew up, and it is
incredible to relate what a tearing it made among the
houses which afterwards were consumed. The whole loss
could not be computed at less than between 300,0002. and
400,0002. sterling (1734, 1739, 1772, 1816).
On 12th June, less than two months after this fire, the
King in Council took into consideration the sad state of
Barbadoes by reason of the late fire, and to prevent incon-
veniences and cheer up the distressed inhabitants, his
Majesty appointed a committee of the Council to confer
with the merchants and planters then in London on the
best means for present relief (1768). The result of their
deliberations is abstracted in the next No. 1769, and it
was recommended that some relief might be given by way
of a general collection to the poorer inhabitants, who were
utterly ruined and ready to perish. Gov. Willoughby re-
ported to the Lords of the Council on 9th July that he
Ixii PREFACE.
had ordered the town, which was large and populous but
very " disorderly " huilt, to he rebuilt according to a form
drawn by Commissioners, and in the October following, in
their presentment, the Grand Jury requested that the late
Acts for the regular building of St. Michael might be
duly observed (1788, 1860).
The Government consisted of a Governor, Council, and
an Assembly of two burgesses from each parish. The
island was divided into five precincts, each with four
judges, who decided everything according to the laws of
England, supplemented by some special ones concerning
slaves, servants, &c. The lands were held in free soc-
cage. Sugar was the principal commodity, as it was the
ready money of the island. Cotton was likewise grown in
some parts, as well as ginger. The public charges were
defrayed by a tax on imported liquors, supplemented
when necessary by a levy (84, 669). Governor Wil-
loughby assured the Privy Council in 1667 that the whole
of the King's revenue of 4 per cent, in Barbadoes did not
amount to 6,OOOZ. per annum, necessary charges deducted,
though the people there valued it at as much more (1633,
1648). He had; however, previously told the King that
Barbadoes was the best peopled spot in those parts of the
world, and yielded her prince the greatest income ; the
gentry bred there were all lively spirited men, very inge-
nious and industrious, and the most active in improving
commerce of any he ever heard of (1204). The presentment
of the Grand Jury to Gov. Willoughby in Oct. 1668 exhibits
the prosperous condition of the island at that period. An
Act had been presented to the Assembly years before re-
commending to the Minister in Barbadoes the christening
of negro children and the instruction of adult negroes
(587), and now the Governor was requested to encourage
the speedy erection of free schools to prevent youth seek-
PREFACE. Ixiii
ing education in foreign parts. He was also entreated to
take care that none should officiate as ministers but those
in holy orders of the Church of England, and to notice the
great neglect of churchwardens and other public officers
touching the strict observance of the Lord's Day (1860).
Although the King directed the Governor to establish a
post office according to the establishment in England made
by Parliament (463), Lord Willoughby had not been able
in 1668 to carry out the King's instructions. The year
before he made several trials, but being forced to be per-
petually grating on the Assembly for money, thought it
not then convenient to push too hard as yet, though he
hoped later on to be able to do what was wanted by their
consent and assistance. It seems that a previous Assembly
were resolved to countenance the 'post office, but were dis-
solved by an Act made in Sir Thomas Modyford's time
(1633, 1640, 1802).
The name of Willoughby must alwavs be identified with The Lords
J " Willoughby.
the history of Barbadoes, for the two brothers Lords
Francis and William did much while Governors to increase
the wealth and prosperity of the island, and the two sons
of the latter held prominent positions and contributed
greatly towards ensuring the safety of the island during
the troubled times of war and depression and discontent.
Francis Lord Willoughby was such a staunch loyalist that
it is not surprising he fell under the displeasure of the Par-
liament, who in 1651 sent a fleet to reduce Barbadoes; the
correspondence between Governor Willoughby and Sir
Greorge Ayscue on that occasion is in the previous volume
f this Calendar. Francis Lord Willoughby arrived in
arbadoes with King Charles II's commission as Governor
n 10th August, 1663, and eight days after at a meeting of
he Council administered the oath of allegiance to each of the
ouncillors (534, 561) . During the four years from 1663 to
M 605.
Ixiv PREFACE.
1666 that Lord Erancis Willoughby governed Barbadoes,
he kept up a continuous correspondence with the Home
government, and there are more than thirty of his letters
in this volume describing his doings and the condition of
the island. He made urgent appeals both to King Charles
and his Secretary of State for supplies of shipping and men
as well as arms and ammunition to prevent the loss of St.
Christopher and other islands, for he and all the people were
"in amaze what to do," the French King having for many
months been re-inforcing his islands. He stayed the home-
ward-bound fleet to raise men for the assistance of St. Kitts,
and sent his nephew with them, for he said " better he and I
" and as many of our name as ever was born should be sunk
" and perish than those islands lost," (1186) words of pro-
phecy so far as he was himself concerned. But what he so
much feared and endeavoured to prevent befel His Majesty's
subjects, for the French, better supplied and better in-
structed, destroyed all with fire and sword and became
masters of St. Christopher (1204). His last letter to the
King is dated the 15th July 1666; he wrote the next day to
the Privy Council, made his will the day following and
sailed from Barbadoes on 18th July with two men-of-war
and eight merchant ships and between 600 and 800 volun-
teers, determined to use his best endeavours to beat the
French out and "to see the beginning and end of it"
(1244-7), and Lieut. -Governor Willoughby and the Council
of Barbadoes agreed that the design was laid with much
prudence. Five or six days after his departure a storm
arose, and it blew an absolute hurricane which lasted eight
hours with such violence that it dispersed the fleet, and six
only out of the ten ships were saved from destruction,
which having cut down their masts were driven into
Antigua, Nevis, and Montserrat. At the end of September
Lord Willoughby aboard H.M.S. Hope had not been
PREFACE.
heard of, but it was then hoped they had been driven
without masts to Jamaica. Capt. Win. Bridall in a letter
to his father from Montserrat gives an account of the
disaster, and says there was then but little hope of my
lord's safety, with whom he feared his own Colonel, Lieut.-
Colonel cum multa alia left this world. And it was so, for
Lord Willoughby and all on board H.M.S. Hope most cer-
tainly went to the bottom and were drowned. So in January
1667 the King, " having too much cause to fear the mis-
" carriage of Lord Willoughby 's person in that accident,"
made choice of William Lord Willoughby to succeed his
brother in the government, a person of whose singular
worth, conduct, and loyalty His Majesty had had long ex-
perience. 1 Lord William arrived in Barbadoes on 23rd
April, 1667, and during the twenty months of his govern-
ment comprised in this volume, there are upwards of 40
of his despatches. Those abstracted, Nos. 1439 and 1476,
show that he was on terms of intimacy with King Charles.
He thus describes his brother's character: My brother
hath dealt unkindly with me, but I forgive him, he has
done so by himself by giving large legacies out of little or
nothing, I shall only say he was honest and careless, for he
hath left little behind him (1476). After Wm. Lord
Willoughby had been about a year in Barbadoes it was
resolved at the Committee for Foreign Plantations that he
should receive the thanks of the Board for his endeavours
to reconcile the differences he found there, and to be en-
couraged to continue the same (1712). Later on when
requesting leave to come home, he vowed he had not
received an ounce of sugar or a penny of money from
the King or country (1820).
The first actual possession of St. Lucia that the English St. Lucia.
1 Nos. 1258, 1273, 1281, 1374, 1400.
e 2
Ixvi PREFACE.
appear to have had though that island was included in the
Earl of Carlisle's grant of 1627, was in 1638, when Sir Thos.
"Warner, the Governor of St. Christopher, granted a com-
mission to one Capt. Judlee, of St. Kitt's, who accord-
ingly settled St. Lucia with 300 or 400 men, hut for want
of supplies, and heing continually infested hy the Indians,
ahetted hy the French, who went naked among them and
painted themselves as Indians, they were forced from the
island in 1641, and the Governor killed. It is said they
were smoked out of their fortification with dried red pepper.
St. Lucia remained unpossessed by any but Indians for
several years after, until in 1652, a little before Lord Wil-
loughby arrived in Barbadoes, a treaty was made between
some inhabitants of that island and the Indians of St.
Lucia, and 1,000 men were sent over by Lord Willoughby
to settle there, who himself took over more settlers in 1664.
1,300 are said to have gone from Barbadoes to St. Lucia,
though it was^then described as so unhealthy that almost
all of them died there. 1
The French Governor of Martinique hearing of English
settlers at St. Lucia put over some 15 or 16 Frenchmen
who did not plant any settlement, but only remained for a
pretence to make a claim to the island. The French
pretences to St. Lucia were founded on a Commission said
to have been given by Cardinal Eichelieu to plant St.
Kitt's and the [neighbouring islands. St. Lucia was after-
wards sold by the West India Company of France to Du
Parquet, as were other Isles de 1'Amerique sold to other
Frenchmen ; but Louis XIV., wishing to reunite these
broken interests in himself, gave the whole to a New West
India Company, in which he himself went one-tenth. So
in March 1664, the Sieur de Tracy was dispatched from
1 Nos. 565, 581, 758, 792, 887, 1368.
I PEEFACE. Ixvii
Rochelle with seven ships and near 1,500 passengers and
soldiers to recover and assert the title of the French, as
well to St. Lucia as to Cayenne, Canada, and other places
(887, 891.) Soon after his arrival Lord Willoughby wrote
to Tracy explaining that in settling St. Lucia he had given
particular directions to treat any French that might be
on the island with respect, that they were thought to be
but few dwelling there for fishing and hunting and not
intending planting or settlement, and he pointed out that
the island, belonged by ancient title and occupation to
the English, though it had only lately been taken under
the immediate protection of the King (801.) Lord "Wil-
loughby told Sec. Lord Arlington that he hoped the King
would not surrender St. Lucia to the King of France, " so
" unreasonable a demand," for that danger was to be ex-
pected from the French in the West Indies, and it was
quite necessary to consider how to become masters of the
rest of their island (822.) In reply to which Lord Wil-
loughby was directed to make his party there as good as
he could, " as the season for defending his Majesty's right
to that island might come ere long" (991.) So in
March 1668, Lord Willoughby finding it an impossibility
o reduce the Indians of St. Vincent and St. Lucia by
brce, concluded a treaty with them, in which they were
or ever afterwards to acknowledge themselves subject to
.he King of England, friends to all in amity with the
nglish and enemies to their enemies (1717, 1741.)
Edmund Waller was appointed by King Charles, soon The poet
fter his restoration, one of the Council for Foreign Planta- er "
tions, and also one of a committee of three to write letters to
Governors (3). To his son, Edmund Waller, junior, of
teaconsfield, Bucks, Charles II. gave a grant of the island
)f St. Lucia for fifty years from November, 1663, on pay-
Lent of the yearly sum of 31. 6s. Sd. to the King (592J.
Ixviii PREFACE.
In a letter from Dr. Henry Stubbs, the King's physician
for Jamaica (237), in which, at Sec. Bennets' request, he
gives his opinion as to Capt. Langford's design upon
Tortuga, he ridicules the proposal, and says that when
Langford went with Col. Barry certainly Saricho Panza
with better conduct regulated himself at the island of
Barataria, and that Sir Charles Lyttelton could inform Sir
Henry Bennet of that novel (819) . 1
St. Vincent. A s to St. Vincent, Lord Willoughby entreated the King
not to make any grants interfering with his, and that if
that island had been granted to some Scotchmen his
Majesty would retract it, lest it should be the cause of
trouble with the Indians, a jealous people, with whom a
league of friendship had been made to gain them over
against the French (578). Charles II. told Lord Wil-
loughby, in reply, that St. Vincent had not been granted
to anyone, nor should any islands under his lordship's
command be disposed of without his being first consulted
(628).
St. Vincent is described as about the bigness of Barbadoes,
and covered with wood; inhabited only by Indians and
Blacks 2 , who acknowledged themselves subjects of the
King of England. The Indians were so turbulent and active
that Englishmen must always be among them to put them
upon some warlike design against some nation on the main,
the better to divert them from acting any mischief against
the English Colonies, for the Prench were frequently
1 T. Shelton translated Don Quixote into English in 1620, about five
years after the publication of the first complete edition in Spanish. A trans-
lation into French by C. Oudin was published at Rouen in 1646 [Brit. Mus.
Cat.] The earliest edition quoted by Brunet in his Manuel du Libraire
is dated 1696. Smollett's translation was published by subscription in
1755.
2 Two Spanish ships were wrecked at St. Vincent from which Negroes
escaped to that island (1661).
PREFACE. Ixix
among them and ready to invite them to breach and
blood. So they had to be furnished with toys and strong
liquors for a while (p. 587).
Tobago was settled by the English about the year 1642, Tobago,
but deserted in consequence of the trouble given by the
Indians. It was again settled in 1646 by Commission from
the Earl of Warwick, who was then governor in chief of all
the plantations in America, but was again deserted some ten
years afterwards (1368). In November, 1664, Charles II.
formally granted Tobago to the Duke of Courland, his heirs
and successors on certain conditions, one of which was that
he suffered none but his own or the King's subjects to settle
on the island ; and Lord Willoughby was directed by the
King to perform all friendly offices to the Duke's subjects
and officers (854, 861). In 1665 Willoughby fitted out six
vessels with 350 men with the intention of taking 'Tobago
from the Dutch ; but two small privateers, with the Gover-
nor of Jamaica's Commission and only 80 men, under
Captains Searle and Stedman, had taken the island some
days before. They were resolved to pillage, but Lord
Willoughby came to an agreement with them for a planta-
ion near the fort, where there were four or five guns, and
where he left 100 men till he should receive the King's
further pleasure. Lord Willoughby solicited from the
g a lease for 31 years of the island and all its profits,
hen he said he would undertake the settling of it, but
.at if the King resolved to dispose of the island some
ither way, he desired to be reimbursed his charges for the
ipping and garrison. Tobago was then described as
pretty well settled, and stocked with negroes, cattle, and
horses; but because Lord Willoughby's purse could not
purchase them, the privateers untiled the houses and
destroyed all they could not carry away, " their custom in
all places ; for they are all masters, and reckon what they
PREFACE.
take to be their own, and themselves free princes to dispose
of as they please." Eighteen sugar works were demolished
and brought away with the copper and what else was good,
and Lord Willoughby was obliged to give them liberty to
sell their plunder at Barbadoes, to induce them to leave the
fort and the Governor's house standing (1124-6).
On 20th December, 1666, the King wrote to the Gover-
nor or Commander-in- Chief of Tobago requiring him to
deliver up possession of the island to the Duke of Courland,
to whom the King had granted the same, to be by him
planted and maintained for the equal benefit of his
Majesty's subjects and his own (1359).
The value and importance of Tobago, which is " one-third
larger than Barbadoes, and which in time might be made a
better Colony," is described, No. 1658, as also a curious
custom which then prevailed in the Caribbee islands, that all
Christian women, as well free as slaves, paid lOOlbs. of
sugar yearly ; head money was also paid by every inhabitant
to help to support the charges of government and defence.
Jamaica. Jamaica in the opinion of the Duke of Albemarle was
one of the most hopeful of all the plantations in the "West
Indies (1711). Lieutenant- General Edward D'Oyley was
commander-in-chief there during the latter years of the
interregnum, and on receiving news of the King's restora-
tion he promised to use his endeavours to keep the peace,
but that if not owned by some authority he should re-
turn home for he was resolved " rather to venture the fury
" of the populace than to act without power." He said
that the island had a sense of being deserted by their own
country which filled the minds of the people with sad and
serious thoughts, and he requested from Secretary Nicholas
positive orders and instructions during his stay, " so that
" he might not walk hoodwinked." He had then under
his command nearly 2,000 officers and soldiers besides sea-
PREFACE.
men and the remains of a far greater number, mostly
gentlemen of good families whom the jealousy of Crom-
well banished thence. 1 D'Oyley's Commission and in-
structions from Charles II. are dated in February 1661
and although Lord Windsor was appointed Governor in
the August following, General D'Oyley did not leave
Jamaica before the arrival of his successor a year after-
Wards. The reason of his re-call appears in a report of
the Council for Foreign Plantations to the King as does
also the condition of the island and the King's opinion of
it. Considering its fruitfulness, situation, and capacity
of being made the most eminent plantation of all his
Majesty's distant dominions, Charles II. cheerfully
countenanced all overtures for rendering it more consi-
derable and was resolved to provide for the security, sup-
)lies and improvement of the colony. So understanding
that Governor D'Oyley was pressed by private affairs to
leave the island, to advance its reputation the King ap-
pointed Lord Windsor Governor. D'Oyley was Comman-
der- in-Chief and Governor in Jamaica about seven years.
Lord Windsor was scarcely three months in Jamaica,
rat he was vested with the fullest powers and left the
island in a contented and prosperous condition. He took
)ver with him a donative from the King, of goods of all
sorts, and every encouragement to those who desired to
settle, and also a good store of ammunition. He dis-
banded the late army, divided them into five regiments,
all 53 officers and 2,030 men and modelled them
ito military discipline. He settled all proceedings of
iw and erected an Admiralty Court. He prescribed a
course for conferring plantations, houses, and land, and
settled fees. He made laws for the encouragement of
religious liberty and toleration, and excused Quakers from
1 Col. Cal., 1574-1660, pp. 480, 485, 489.
Ixxii PREFACE.
bearing arms on certain conditions. He called in Priva-
teers Commissions, endeavoured to reduce them to orderly
rules and gave them commissions to take Spanish ships
and bring them to Jamaica. In short, as Lord Windsor
himself summed up his doings to the Secretary of State, the
condition of Jamaica was quite altered through his going
there being before tinder no civil government, and left by
him regulated to the laws and government of England.
And he left at his departure Sir Charles Lyttelton, [Deputy]
Governor, " a fit and worthy person to the great content of
" the inhabitants." In October 1663 Sir Charles said the
island was in a much more prosperous condition than it
had been 14 months before, especially as to its plenty of
provisions, which were cheaper by one half. 1
Under Sir Charles Lyttelton who was Lieutenant- Gover-
nor for about 18 months before Governor Modyford's
arrival the people became obedient and industrious, but
their settlements were scattered near 180 miles along this
vast country. They were generally pleased with Mody-
ford's coming, and the more so as he was of the Lord
General's [Albemarle's] recommendation, who once be-
fore sent the fittest and worthiest man in the world [Lord
Windsor, No. 744.]
The most effectual means of suppressing or calling
in the privateers which at this time scoured the Carib-
bean sea had long been a question of the most dif-
ficult solution. Col. Lynch was of opinion that it would
be but a remote and hazardous expedient and could
never effectually be done without five or six men-of-war.
Naked orders to restrain or call them in, he said,
would teach them only to keep out of the port of Jam-
aica and force them to prey upon the English as well
as the Spaniards. What compliance could be expected
1 Nos. 132, 374-5, 379, 397, 566, 638. See also Nos. 324-5, 335.
PREFACE Ixxiii
from men so desperate and numerous, that had no other
element but the sea, nor trade but privateering. There
were then about 1,500 of them in about twelve vessels who
if they wanted English commissions could have Erench
and Portuguese papers, and if with them they took any-
thing they were sure of a good reception at New Nether-
lands and Tortugas. And for this, he said, we shall be
hated and cursed, for the Spaniards call all the rogues in
these seas, of what nation soever, English. And this will
happen though we live tamely in Jamaica and sit still and
see the Erench made rich by the prizes, and the Dutch by
the trade of the "West Indies. We hope at last, added
Lynch, to thrive by planting and are sure none of our
inhabitants will now go to sea or follow another Mings.
Those who were so disposed are long since gone (744).
Sir Thomas Modyford arrived as Governor the beginning
of June 1664 and was received with the utmost kindness.
His flatterers said he saw more of the island in a fortnight
than all his precedessors had seen during their reign. He
brought nearly 1,000 persons with him, and many more
would have come had he had conveyance for them. They
mostly belonged to " composed families," and were planting
apace, having been set down where they desired to plant
and were well contented. Besides these people, Governor
Modyford had to provide for the settlement of his own
private family, consisting of 80 persons (767).
The new Governor thought it more prudent to act to-
wards the privateers by degrees and with moderation than
suddenly and with severity, hoping to gain them off more
safely by fair means and reduce them to planting (767).
So a few months later on he was able to report that
upon gentleness towards them they came in apace and
cheerfully offered life and fortune in the King's service
(976). He gave them commissions to take Tobago from
Ixxiv PREFACE,
the Dutch, and with two frigates and only 80 men they
accomplished their purpose and anticipated Lord Wil-
loughby's fleet on the same errand from Barbadoes (1126,
1276).
Like all new settlements, for it had not then been ten
years in our possession, Jamaica was daily changing, and
those who in 1664 knew it only two years before, were stran-
gers, to the then altered state of affairs. The government was
then described as "plain and agreeable" and so were the laws
and their execution, all suits being determined in six weeks
with 30s. or 40s. charges. The people were contented and
generally easy to be governed, yet rather by persuasion
than severity. Privateering had let out many ill humours
and those that remained were thriving, peaceable, and in-
dustrious. Even the Spanish negroes who had so long
disquieted the inhabitants submitted to his Majesty's
authority. There were then only seven established parishes
in Jamaica and but one church at St. Katherine's, an old
ruined Spanish church lately repaired, but contributions
were being levied to raise churches in some of the richest
parishes ; there were five ministers, Mr. "Webb, Mr. Johns,
an old army preacher not in orders, Mr. Maxfield, and
two Germans, MM. Houser and Sellers. Five good regi-
ments as we have seen had been raised which numbered
2,500 men, and two more were forming. Scarcely any place
near the sea was then unsettled and many had gone to the
mountains, which were most healthful and fruitful. Sugar,
ginger, indigo, cotton, tobacco, dyeing woods, and cocoa
were produced in Jamaica as well as anywhere, but there
were numerous other commodities, the best building timber
and stone in the whole world, great plenty of corn, potatoes,
yams, cattle, horses, fowl, sheep, fish, and pasturage. In
short nothing was then wanting but more hands and cows
o o
(810-814). The best sugar works made between 20,000
PREFACE. 1XXV
and 30,000 (Ibs.) of sugars a week which sold for 50 per
cent, beyond Barbadoes sugar (620). In a long report to
the Secretary of State Gov. Modyford pointed out by
drawing a parallel between Jamaica and Barbadoes how
the King's revenue might be considerably increased in
Jamaica. Barbadoes contained 100,000 acres and loaded
10,000 tons of shipping. In Jamaica there were 7,000,000
acres. Princes, said the Governor, that go not forward
go backward, and their royal growth is safest when least
perceptible. The well filling this navel of the Indies, as
the Spaniards call it, may notably further this growth
(739).
John Style, in a letter dated July 1665, to Secretary Lord
Arlington, his fellow student at Christ Church, Oxford,
said he conceived Jamaica in all things exceeded England.
He had landed there only the month before. The climate
was most healthy, and the heat, by reason of the constant
breezes, most temperate, " so that it was not the country
" but the deboistness and intemperance of the people that
" brought evil report upon it." He found the island so
good and so profitable that he would have resolved to end
his days there had he not had many engagements in Eng-
land, but he sent for two of his sons to bring grain from
thence, with ploughs and tradesmen of all sorts. He also
sent advice to some farmers and husbandmen to trans-
port themselves, but doubted whether it would be followed,
for he remarks, such men are generally of the Israelites
temper ; they had rather sit by their flesh pots in Egypt,
though with slavery and penury, than travel into the land
of Canaan. A master of his trade of husbandry with 100/.
stock could live in Jamaica in greater plenty than his land-
lord in England with "LOOL or 2001. per annum, and in a
few years, with industry and temperance, acquire many
hundred pounds estate (1023).
Ixxvi
PREFACE.
IV. Our
possessions
in Africa.
Royal
African
Company.
Forts and
factories in
Africa.
Lieut.-Col. Lynch, who was afterwards Governor, com-
plained about this time of the bad arrangements made for
many of the people who came to settle upon the island.
They arrived very poor, and went into the woods without
provisions, and there fell sick for want of shelter and food,
and then he said the country must be blamed for their
want and improvidence, people not remembering that air
could not have maintained Adam in Paradise if God had
not planted for him a garden. But whatever any might
say, it was an excellent island and would certainly become
a considerable addition to his Majesty's dominions (934.)
We leave Jamaica in 1668 in a very thriving condition,
and growing rich by privateering and the produce of the
country (1892).
There are many papers in this Calendar relating to Saba
and St. Eustatius and their capture from the Dutch ; to
Curaao, Guadaloupe, and Hispaniola ; to Santa Cruz, also
called St. Croix, and described under both names in John-
stone's Gazetteer; and to Tortuga. All these islands
belonging to France, Holland, and Spain, may readily be
referred to in the index.
IV. Our Possessions in Africa. The Patent of the Royal
African Company is dated 10th January 1663, and includes
the names of " our Royal Consort Queen Katherine, Mary
" the Queen, our mother, our dearest brother James, Duke
" of York, our dearest sister Henrietta Maria, Duchess of
" Orleans," Prince Rupert, Duke of Buckingham, Duchess
of Richmond (408.) The stock was 120,000^., of which the
King himself was a large holder (902, 1111.) Under the
special management of the Duke of York the Company
employed in one year above 40 ships, sent out above
160,OOOZ. in cargoes, plentifully supplied the coast and
furnished all the plantations with negro servants. They
had built many forts and established many factories .in
PREFACE. Ixxvii
Africa, and had no European rivals but the Dutch, who,
it was complained, endeavoured to drive them from the
coast, followed their ships from port to port, and hindered
the English coming near the shore to trade. It was also
asserted that the Dutch persuaded the negroes to destroy
the English Company's servants and take their forts, and
that they violently seized their boats and goods, took pos-
sesion of Cape Coast and shot at his Majesty's flag (618.)
The House of Commons, on a report of the Committee of
Trade, resolved that the wrongs, dishonors, and indignities
done to his Majesty by the subjects of the United
Provinces, by invading his rights in India, Africa, and
America, and the damages, affronts, and injuries done by
them to our merchants are the greatest obstruction to our
foreign trade, and that the House would support the King
with life and fortune against all opposition, and a con-
ference was desired with the Lords (702).
In proposals for re-settlement of the Company, there Cape Coast
O&fliJ.6
is an account of their posts in Africa. The Castle of Cape
Corso, or Cape Coast Castle, was to be the head factory and
residence of the Company's Agent for the whole of Africa
(407.) Two years after their incorporation the African
Company presented to the King a narrative of their trade
and condition, showing the factories they had settled and
fortified by consent of the natives on the north side, " not-
withstanding the machinations of the Hollanders," from
which they expected to derive a yearly return to the value
of 100,OOOZ., and on the Gold Coast, from which the Guinea.
Company asserted they might have expected, if they had
not been disturbed by De Euyter, to the value of 200,OOOZ.
in gold, and above 100,000. in servants [negroes] for the
plantations, besides a trade at Old and New Calabar. It
was declared that the whole trade of the Hoyal African
Company would produce greater profit than any other
Ixxviii PREFACE.
managed by the King's subjects, and this had induced
them to enlarge their stock from 17,000/. to 120,OOOZ.
Their effects in January 1665 were estimated to be worth
273,807. (902-3.) As an encouragement to the Company
the King by warrant directed the master and worker of
the mint to cause all gold and silver brought to the mint
for the use of the Royal African Company to be coined
with a little elephant thereon, as a mark of distinction
from the rest of his Majesty's moneys (615).
There is no lack of information in this volume about
slavery and the slave trade, which will be found under the
word Negroes in the Index. Negroes were at this time
considered to be the strength and sinews of the Western
world (577), the very being and most useful appurte-
nances of the American plantations, which depended for
their works upon the supply of negroes who were perpetual
servants (618, 756, 791). Their price varied according to
the Plantation at which they were delivered. At Bar-
badoes the price of an able bodied negro was 17Z. ; at
Antigua negroes were worth ~L8L each, while at Jamaica
the Royal African Company demanded 19. apiece. They
offered to furnish the Governors of those islands annually
with negroes at the above prices, but with a reduction of
11. per head to any one contracting for a whole ship load,
on paying one fourth of the price in advance, with security
for the remainder (407). Sir Thomas Modyford told the
African Company that in Barbadoes their negroes sold for
2,400 Ibs. of sugar per head, which at 2d. per Ib. would
be 20Z. each, while the price the Company put upon negro
boys and girls was from ~L2L to 15., " though it would
" have been well to express their age." The ship Speed-
well arrived at Barbadoes in 1664, with 282 negroes, who
had greatly lost in value owing to small-pox breaking out
among them, a not unfrequent occurrence. A fee of one
PREFACE. Ixxix
shilling a head was received by the doctors for inspecting
a cargo of negroes (689) . Dr. La Rouse, chief physician
in Barbadoes, certified to a great mortality among them,
caused by a malignant distemper through so many sick
and "decaying" negroes being thronged together, and
furthered by small-pox in Capt. Carteret's ship, so that
men refused to buy them, and a surgeon to whom 20
were sold at a low rate lost every one (693). In the
answer to a petition of the Representatives of Barbadoes
to the King praying for free trade for negroes on the coast
of Guinea, or else that the Royal Company be obliged to
supply them at the price mentioned in their first printed
declaration, Sir Ellis Leighton, Secretary to the Com-
pany, asserted that they never desired more than 17 1. per
head in times of peace (1680-1682). Negroes in Jamaica
fetched 201. a head, for at this price Governor Lord Wind-
sor, in accordance with the King's instructions, contracted
dth the Royal Company for a supply within an ap-
jointecl time (287, 766). Charles II. granted license to
Spanish subjects in America to purchase supplies of
icgroes from the Caribbee Islands and Jamaica on pay-
Lent of a duty of ten pieces of eight for every negro,
which at the rate of four shillings sterling per piece of
sight, was equal to a duty of 21. (416, 585).
An Act was presented to the Assembly of Barbadoes
recommending to the several ministers in the island the
christening of negro children and the instruction of adult
negroes (587). In Virginia an Act was passed in 1667
that negroes were not made free by baptism (1585) . In
Jamaica Juan Luyola and other negroes, on account of
their submission and services to the English, had plots of
lands granted to them, and Lieut.-Gov. Sir Charles
Lyttclton by proclamation declared that they should in
consequence enjoy all the liberties and privileges of
M 603. f
Ixxx PREFACE.
Englishmen, but that they must bring up their children
to the English tongue. Luyola was appointed colonel
of a black regiment of militia, and a magistrate over
negroes, to decide all cases except those of life and
death (412). The punishment inflicted upon negroes in
Jamaica for stealing their masters' goods was to be " mo-
" derately whipped " and committed to the custody of the
Provost Marshal. Any convicted of mutiny were to be
sold by their masters or sent off the island (182, 573).
A remarkable instance of valour and fidelity is exhibited
in the person of a negro named John Cabessa at the time
when the Royal African Company's forts and factories
were attacked by the Dutch under De Ruyter. Goree had
been surrendered to the Dutch Admiral with all the
company's goods. The English factory at Satalone had been
disabled. The great stronghold of Tacorady was taken by
1,000 negroes belonging to the Dutch, the town burnt,
and Castle de Mina blown up, " stripping the English
" naked." Then De Ruyter sailed to Cormantin, thinking
with 700 men and his 1,000 negroes to have landed, but
here he was repulsed by John Cabessa. So De Euyter
went to Anamabo which he blew up and after making an
agreement with the Eantees marched back to Cormantin
with 10,000 men and with three ships began to batter the
Castle. Upon their arrival John Cabessa and his men,
unable to battle against such a force, made good their
retreat into the Castle. The English are said to have done
but little in their own defence and very soon to have hung
out a flag of truce. This so mortified and enraged Cabessa
that after cutting off the head of the man who did it, he
with his own hanger cut his own throat. The English
yielded up the Castle without any articles, but the Dutch
gave quarter, put out the Prince of Orange's colours and
blew up Cabessa's house. We are told that Cabessa was
PREFACE.
Ixxxi
truer to the English than were any of His Majesty's
subjects there. He had preserved the Castle from many
dangers and intended to have gone to England to see King
Charles. A great reward was offered by the Dutch for the
head of Cabessa, but the blacks were not to be bribed and
they buried their hero at Old Cormantin (986). Thus the
English and the Dutch were rivals in Africa as they had
been in India, and were also at this very time in America,
and many forts and factories were in the possession some-
times of the one, sometimes of the other. It can therefore
scarcely be said with historical accuracy, that the English
have turned the Dutch out of places which belonged by
right and title to them, when the original possessors were
the English themselves (408, 737, 780, 954).
One cannot but be struck during the earlier years of
Charles II.'s reign not only with the rapid advance and
prosperity of those of our Colonies which had already been
partially settled, but also with the establishment and
the gradual though certain development of many other
Colonies and Plantations. The spirit of enterprise and
the desire for colonisation appear to have been almost as
strong at that period as in the days of Elizabeth and James.
Look at the efforts of the Lords Proprietors Albemarle,
Ashley, Berkeley, Clarendon and others to colonise Caro-
ina, which turned out after a little experience eminently
ccessful ; see the dash and the pluck of " Dick Nicolls "
at New York who, though a groom of the King's bedcham-
ber, showed Dutchmen as well as Englishmen that he was
an able general and a good governor; the love of ad-
venture of Lord Willoughby who at his own expense of
nearly 20,0001. settled a colony of 4,000 inhabitants
in Surinam, though it was afterwards taken from him
M 605.
Ixxxii PREFACE .
by the Dutch during the war. 1 In Africa too, Englishmen
secured a footing and made settlements in many places
in spite of the hostilities of the Dutch. In the West Indies
there were Lord Francis, and then his brother Lord Wil-
liam Willoughby devoting their best energies to con-
solidate the settlement of the Leeward Isles of Antigua,
Montserrat, and Nevis, and " that rare pearl in the King's
" Crown" 2 Barbadoes. See also what D'Oyley, Lord
Windsor, and Sir Thomas Modyford did for Jamaica and
how these islands in spite of the attacks of both French
and Dutch on some of them, developed in wealth and
prosperity. Look again at the valorous old buccaneers
and the young ones too ; their deeds though scarcely in
accordance with law and order by the way their commis-
sions were not unfrequently signed by English Governors
remind us of the doings of Hawkins and Drake, and they
certainly displayed as grand a spirit of adventure and as
much pluck and endurance as their great naval predeces-
sors; the name of Morgan is synonymous with valour.
Surely it may be said with truth, that in these early years of
Charles II's reign some glory was reflected upon England
through her Colonies, and that in these eight years of our
Colonial History shine forth some brilliant examples of
Englishmen in the persons of the Governors appointed by
Charles II. The brothers Willoughby in Barbadoes,
D'Oyley, Lord Windsor, Sir Thomas Modyford, and Sir
Charles Lyttelton in Jamaica, Sir William Berkeley in
Virginia, of which Colony he was 36 years the King's
1 Willoughby regained possession of Surinam but the King strictly com-
manded him to restore it to the Dutch. See the King's letter and Lord
Willoughby's answer, Nos. 1785, 1854.
2 All the Kings in Europe have not such a precious and rare pearl in their
Crowns, No. 1284.
PREFACE.
Ixxxiii
Governor, Sir Thomas Temple, " honest Tom Temple," in
Acadia and Nova Scotia, Richard Nicolls in the newly
conquered Colony of New York and the veteran Sir Thomas
Warner in the Leeward Islands, of all of these historical
biographies of value might be written and read with pride
by their countrymen.
My best thanks are due to my colleague J. E. Ernest
S. Sharp, Esq. for his valuable assistance in making the
abstracts in this volume.
W. NOEL SAINSBURY.
15th April 1880.
COLONIAL PAPERS.
AMERICA AND WEST INDIES.
1661.
Jan. 2. 1. Minutes of the Council of Barbadoes. Present Colls. Daniel
Searle, Thomas Ellice, John Yeamans, James Browne, and Edmd.
Reade, Sir Richard Pearce, and William Kirton. The Provost Mar-
shall to arrest Col. Thos. Modyford, on an impeachment of high
treason exhibited by John Jennings, who is directed to bring his
evidence against Modyford, within three weeks, in the meantime
Modyford is to reside on his own plantation in custody of the
Marshall. In accordance with Lord Willoughby's commands, it is
resolved to suspend those of the King's Patents for offices, which
seem repugnant the one to the other, until His Majesty's pleasure is
further known, taking in the meantime a perfect account of the
fees received. Names of the freeholders returned as burgesses to serve
in the General Assembly Major John Frere and Cap. Christopher
Carew, for Christ Church parish ; Colls. Thos. Modyford and John
Birch, St. John's ; Constant Sylvester and Wm. Bynion, St. George's,
Coll. Wm. Fortescue and Capt. Hugh Powell, St. Philip's ; Major
Philip Bell and Capt. Ed. Thornburgh, St. Michael's ; Major John
Standfast and Cap. Wm. Porter, St. James' ; Cap. Edmund Brainston
and John Price, St. Joseph's ; Lt.-Coll. Symon Lambert and Cap.
Sam. Tidcomb, St. Lucy's ; Samuel Farmer and Thomas Peade, St.
Thomas' ; Lt.-Coll. Richd. Bayly and Cap. Saml. Rolleston, St.
Peter's ; and Cap. Richd. Andrews and John Somerhay, St. Andrew's ;
Committee appointed for expunging out of the books all Acts,
against the authority of the King's Majesty. The order concerning
Coll. Modyford to remain in force. 3 pp. [Col. Entry Bk., Vol. XI.,
pp. 38-40.]
Jan. 6. 2. John Dooke to Mr. Lowrie. Arrival of one Nutmaker, but
Barbadoes. no letters from him or John Foster. Owing to " the sad time of
rains," very little work had been done latterly, but now that the
rains were nearly over, and the courts coming on would lose no
opportunity of getting in goods. Hopes Lowrie has received the
houses at Farmstage, according to his bargain with Mrs. Dooke.
i p. [Col. Papers, Vol. XV., No. 1.]
Jan. 7. 3. Minutes of the Council for Foreign Plantations. Philip Froude
to provide officers and defray charges of this Council, and to be
answerable for persons to be employed at the salary appointed in
his Commission of 300. a year. Sir Anthony Ashley Cooper,
Mr. Boyle, Sir Peter Leere, Sir James Drax, Col. Venables, Messrs.
M 605. Wt. 5447. A
2 COLONIAL PAPERS.
1661.
Waller, Povey, Diggs, Colleton, Noell, Kendall, Middleton, Jefferies,
Watts, and Howe, or any four of them, appointed a Committee to
meet at Grocers' Hall, and inform themselves of the true state of
the Plantations in Jamaica and New England, and to prepare such
overtures and propositions as may be most fit for the King's service
and the advantage of those Plantations. Messrs. Denham, Waller,
and Povey, Clerk of this Council, to be a Committee to write letters
to Jamaica, the Caribbee Islands, Virginia, &c. The Lord Treasurer
to be requested to present to the King the advice of this Council to
agree with all who have propriety in any of the Plantations, prevent
same for the future, and take them all into his own hands. 1 p.
[Col Papers, Vol. XIV., No. 59, p. 8.]
Jan. 10. 4. Commission to Richard Povey, appointing him Sec., and Corn-
Westminster, missary and Steward General of Stores in Jamaica. To exercise
these offices by himself or his sufficient deputy, approved of and
sworn by the Governor or Council, and to receive such fees, allow-
ances, and advantages, as have been enjoyed by any Sec. of
Barbadoes, or Commissary and Steward General in Jamaica ; he is
also appointed a member of the Council. Certified copy by
Benjamin Smith. [Col. Entry Bk., No. 27, pp. 1, 2.]
Jan. 14-25. 5. Minutes of the Council for Foreign Plantations. The Corn-
Inner Court mittee appointed to report on the condition of Jamaica and New
of Wards. England, not having sufficiently informed themselves of the state of
New England, made a report of Jamaica only, by Mr. Povey, which
was ordered to be exhibited in writing and propositions prepared to
the King. For repairing and strengthening the forts, especially
Cagway; for providing an orthodox Ministry; for considering a
mixed Commission for the Governor or Commander-in-Chief to
employ the army there in planting as well as in other duties ; for
raising 3,000?. for that Island, and what commodities are the fittest
to be sent there ; and for the distribution of land and rules for
planting. Letter read by Mr. Povey for Barbadoes, and as a
precedent for the other Plantations to be brought in on Friday
(18th) with the amendments now made, and directed to the Gover-
nor and Council of Barbadoes for the time being.
Jan. 21. Adjourned from the 18th. Report of the Committee
appointed to sit at Grocers' Hall concerning the condition of Jamaica
and New England read, but as it appeared that the Committee had
not had time or opportunity to be thoroughly informed of New
England, ordered that the first paragraph of said Report be entered
when the whole is finished.
Jan. 24. Letter read by Mr. Povey for Barbadoes, an addition
brought in by Sir James Drax ordered to be made. Committee
appointed to give the King an account of what hath passed con-
cerning said letter for Barbadoes, and to know his pleasure. To be
added to the report of Jamaica that no English ships may take any
of the Indians prisoners, and that the Duke of York take order
therein. Messrs. Denham, Waller, and Povey to draw up a letter
for Jamaica.
AMERICA AND WEST INDIES. 3
1661.
Jan. 25. Report to the King concerning the letter to Barbadoes
agreed to, as follows: That while they were despatching this
letter they were informed of the King's pleasure to leave the direc-
tion 'of said letter to himself, which occasions them humbly to
address his Majesty, as they conceive it improper, if not impossible,
to frame a letter which requires several things to be done without
some knowledge of who shall do them, and there being but two in
view, a popular Governor, and the other, under his Majesty's autho-
rity, they thought it most fit to assert his Majesty's government
there, being induced thereto by two letters of his Majesty [see Col.
Papers, Vol. XIV., No. 18]. This Report to be presented by the
Earl of Portland, and any of the Committee may speak to the sense
thereof, but nothing contrary thereto : also to propose the sending
1,000?. in brandy by the ships now bound for Jamaica; and to
move the King to give directions to the Duke of York that no
vessels under his command take Indians prisoners or do them any
injuries whatever. 3 pp. [Col, Papers, Vol. XIV., No. 59,
pp. 9-12.]
Jan. 25. 6. Col. Tho. Modyford to the Duke of Albemarle, his kinsman.
Barbadoes. Sends copy of his last, since when his enemies have exhibited
articles against him and called them high treason, about which they
have had two hearings before the Council, and failing in the proofs
of all other matters, insist chiefly on his putting in execution that
commission which through his Grace's favour was sent to him.
Mr. Skipwith, the bearer, will give account of all transactions, the
temper of the people in relation to their present Governors, and the
great oppression Col. Modyford's innocence lies under. On same
sheet,
Col. Modyford to Duke of Albemarle. The King's letter of
23rd June last arrived on 17th inst. Dec., commanding the
obedience of the inhabitants to Lord Willoughby as Governor
and Proprietor. And although Modyford was sufficiently in-
formed that long after that time his Majesty had laid aside the
proprietorship, and had on the 21st Oct. last promised not
to remove Col. Modyford from the government, yet he thought
it his duty to resign the government to Col. Walrond, who was
by said Lord Willoughby appointed President. Is in some
measure disappointed of the opportunity to do his Majesty
service. Indorsed, " His resignation to Lord Willoughby.
Read in Council March 27, 1667." 1 p. [Col Papers, Vol.
XV., No. 2.]
Jan. 26. 7. Warrant for regulating the Newfoundland fishery, with addi-
Westminster. tional powers. These regulations are the same as those which were
proposed by Attorney Gen. Noye, and approved by an Order of
the Court of Star Chamber, 24th Jan. 1634 [see Col. Papers,
Vol. VIII., No. 1.], with this addition. No master or owner to
transport any persons to Newfoundland that are not of his ship's
company. 4 pp. [Col. Ent. Bk., Vol. IX V., pp. 33-36.]
Westminster. 8. Copy of preceding. [Col. Papers, Vol. XV., No. 3.]
A 2
4 COLONIAL PAPERS.
1661.
Jan. 28. 9. Minutes of the Council for Foreign Plantations. Ordered
that the Address to the King concerning the letter to Barbadoes and
the reasons for this Council's proceedings therein, be printed by the
Earl of Portland or Lord Roberts, but not to be tied to the words of
the same. p. [Col. Papers, Vol. XIV., No. 59, pp. 12-13.]
[Jan. 29.] 10. Petition and representation of John Clarke on behalf of the
purchasers and free inhabitants of Rhode Island, and the rest of
the Colony of Providence Plantations, in the Narragansett Bay, in
New England, to the King. Describes the cause and manner of their
first going forth from Old to New England, the perils they have
gone through in settling and planting their Colony, the encourage-
ment which they received from the late King who in 1644 granted
their charter, and the loyalty with which his Majesty has been volun-
tarily proclaimed throughout the Colony. Prays that they may
not only be sheltered under the wing of his royal protection, but
that they may be quietly 'permitted to flourish in their civil and
religious concernments with freedom of conscience to worship the
Lord their God. Indorsed, Reed. 29th Jan. 1661. See also No. 18.
1 p. [Col. Papers, Vol. XV., No. 4.]
Jan. 29-31. 11. Minutes of the Council of Barbadoes. Present: Colls.
Humphrey Walrond, President, Col. Henry Shelley, and others (see
No. 1). r After hearing John Jennings on behalf of the King,
against Col. Thos. Modyford, and finding that Jennings relying on
Modyford's confessions had dismissed his witnesses, ordered that
there is not enough in those confessions to warrant Modyford's
" straighter confinement," but that good bail be taken for his appear-
ance, and further time given to Jennings for producing his witnesses.
1 p. [Col. Entry Bk., Vol. XL, p. 41.]
Jan. 30. 12. Minutes of the Council for Foreign Plantations. Sir James Drax
Inner Court of and Messrs. How and JefFeries to take care of the provision of 1,0001.
s< in brandy to be sent to Jamaica, Col. Venables and Mr. Coventiy to
request the Duke of York that no goods be taken aboard the
Diamond frigate and the Rose Bush upon private account till the
brandy for Jamaica be so stowed, that it be not embezzled, also to
request the Duke's letters to all commanders at sea in America to
forbear taking any Indians prisoners or doing them injury. Mr.
Froude to get a letter from both Secretaries of State to the Go-
vernor of Jamaica, to take care that said brandy be sold to the
best advantage and laid out for repairing the forts, especially that of
Cagway. f p. [Col. Papers, Vol. XIV., No. 59, p. 13.]
Jan. 13. Grant to Thos. Lynce [Lynch] of the office of Provost-Marshal
of Jamaica for life. [Dom. Chas. II., Docquet Bk., p. 75.]
Jan. 14. Grant to John Man of the office of Surveyor-General in
Jamaica. [Ibid.]
Feb. 4. ^ 15. Minutes of the Council for Foreign Plantations. Forty pounds
a tun to be given for brandy out of a French ship lately arrived, for
Jamaica, to be stowed on the Diamond frigate and Rose Bush ; a
course taken to prevent the Indians being taken prisoners or
any injury done them. Copies of all Patents recorded and re-
AMERICA AND WEST INDIES. 6
1661.
maining in the Rolls Six Clerks Office, or in any other Court or
office concerning Government or propriety in any Foreign Planta-
tion to be brought to this Council, and entered in a book for that
purpose according to the King's Commission and Instructions to this
Council. The letter prepared for Virginia to be read on Monday
llth instant. 1 p. [Col Papers, Vol. XIV., No. 59, p. 14.]
Feb. -j*p 16. Act of the States General permitting all Christian people of
The Hague, tender conscience in England or elsewhere oppressed full liberty
to erect a colony in the West Indies, between New England and
Virginia, now within the jurisdiction of Peter Stuyvesant, the
States General's Governor for the West India Company, on certain
conditions and privileges. Also, the conditions and privileges
granted by the West India Company to all such people as shall be
disposed to take up their abode in those parts, viz., in the New
Netherlands ; and summary advertisements concerning the above
mentioned colony. These describe the tract of land as lying be-
tween 30 and 40 degrees, not above six weeks sail from Holland,
and as yet uninhabited, abounding in grapes and other fruits,
which grow naturally and far surpass any in Europe. The land
very fertile in all kinds of grain ; also very good tobacco and
several sorts of dyes. Furs to be had of the natives very rea-
sonable ; store of saltpetre, excellent venison, elks, and marvellous
plenty in all kinds of food, of land and sea fowl, and excellent fat
and wholesome fish ; the mountainous part of the country stored
with several sorts of minerals, and great profit from traffic with
the natives, who are naturally a mild people. Indorsed, " Long
" Island. Vera copia of the Dutch Act." 2 pp. Printed in New
York Documents, III., 37-39. [Correspond. Holland.]
Feb. 5. 17. Edward D'Oyley, General in Chief in America, to all Go-
J oint Cagway. vernors of Islands, captains of ships, officers, and soldiers under
Jamaica, ^jg command. His Majesty having commanded a cessation of arms
they are hereby ordered to cease from all acts of hostility against
the king of Spain, or any of his subjects, and treat them with
civility and courtesy. All captains of ships of war abroad with
General D'Oy ley's commission to return with all speed for further
orders. 2 pp. [Col Papers, Vol. XV., No. 5.]
Feb. 5. 18. Petition and representation of John Clarke, on behalf of the
Colony of Rhode Island and the rest of Providence Plantations, to the
King. Recapitulates and encloses former petition, and earnestly
appeals for protection, and for a more absolute, ample and free Charter
of Civil Incorporation. [Indorsed, Rec. 5th Feb. 1661.] Annexed,
I. Petition of John Clarke to the King. [See ante, No. 10.
Together 2 pp. Col Papers, Vol. XV., Nos. 6, 6 i.]
Feb. 5. 19. Two Copies of the above Petition and Enclosure. Indorsed by
Sec. Nicholas : " Isle of Providence for a Corporation." Together 3
papers. [Col Papers, Vol. XV., Nos. 7, 8. 9.]
Feb. 8. 20. Commission appointing Col. Edward D'Oyley Governor of
Westminster. Jamaica. With power to choose a Council of 12 persons, and by
6 COLONIAL PAPERS.
1661.
the advice of any five or more of them to erect and constitute Civil
Judicatories, to muster and command the military forces of the
Island, " to fight, kill, slay, repress, and subdue all such as shall in
hostile or mutinied manner, by insurrection, or invasion, disturb the
peace or attempt the surprise of said Island," and to execute martial
law. To appoint Commissioners to inquire into the trade most
advantageous for the inhabitants, and to pass any Acts tending
to their security and prosperity. To administer the oath of alle-
giance. In case of death or removal seven of the Council to
assume the Government, and within one week choose a new
Governor till further orders. 2pp. [Col Papers, Vol. XV., No. 10.]
Feb. 8. 21. Copy of preceding Commission. [Col. Entry Bk., No. 27,
pp. 3-5.]
Feb. ? 22. Instructions to Edward D'Oyley, Governor of Jamaica. To
call together the officers of the army and planters and publish his
Commission, and proclaim the King in the usual form. To proceed
to the election of a Council of 12 persons, but the Sec. always
to be one, five of whom shall form a quorum. His Commission and
Instructions to be read to them. To settle Judicatories for civil
affairs and admiralty, all Judges and Officers taking the oaths of
allegiance. To discountenance and punish drunkenness and de-
bauchery, and give the best encouragement to Ministers that Christi-
anity and the Protestant religion, according to the profession of the
Church of England, may have due reverence and exercise amongst
them. To command all persons to work by turns for the completion
of the fortifications at Cagway. To encourage the people to plant
and improve the Island, by the assurance of His Majesty's special
favour and protection. To cause a general survey of the Island to
be made, with a description of its resources. To order the Sec. to
keep a registry of settled plantations with their boundaries, and to
require those who pretend to a title to any plantation to plant a
proportionable part within a limited time. To encourage negroes,
natives, and others that will live under His Majesty's obedience.
To encourage and invite merchants and traders, and discountenance
and suppress "all engrossing of commodities which tends exceed-
ingly to the prejudice of that freedom which trade ought to have."
To employ ships which can be spared from the necessary defence of
the Island in fetching planters from other Colonies, and to suffer no
soldiers to leave the Island without special licence. To reserve all
provisions and ammunition sent out for public uses. And to give
account of the condition of the Island as often as opportunity can
be had, and of all West Indian affairs. 2 pp. [Col. Papers, Vol. X V.,
No. 11.]
Feb. ? 23. Copy of preceding instructions. [Col. Entry Bk, No. 27,
pp. 6-8.]
Feb. 11. 24. Minutes of the Council for Foreign Plantations. Lord
Urt f -^ ol:)artes reported the King's pleasure that the letter prepared for
Barbadoes be directed to Lord Willoughby of Parham, Governor,
and the Council there, which is to this effect : That the King has
appointed them under the Great Seal a standing Council to take
AMERICA AND WEST INDIES. 7
166J.
into their consideration, care, and conduct the present and future
condition of foreign plantations, not only as regards their inspection
and management, but their manufactures, navigation, and com-
merce. They are to take especial care for the preservation of union
and public peace, upon the grounds on which they subsisted and
prospered before the island was disturbed by the fleet sent against
it in 1651. To send an account of their means of defence, the
strength of their forts and conduct of their militia, how such public
charges are borne, in what manner the payments are raised, and by
whom disposed of. To draw up, with the assistance of the judges,
the method of government and the heads at least of the laws, cus-
toms, and constitutions by which public justice is administered.
To give a conjectural account of the number of inhabitants and
their increase or decrease for the last seven years ; the number of
freeholders, conditional servants, and blacks ; also the number neces-
sary by way of yearly supply to the use of the island. What com-
modities are chiefly planted by the inhabitants, and what seem
most worthy of prosecution and encouragement. The number of
ships that have traded there the past year, their burthen, and
commodities, &c. To carry into execution the late Act of Parlia-
ment for increase of navigation. To take every opportunity to
contribute to the defence, welfare, or increase of Jamaica by allow-
ing such as have been servants [in Barbadoes] freely to go there
Especially to admonish the Governments and inhabitants of the
several Colonies that above all things they prosecute the reformation
of debaucheries and licentious conversations, the ill example of
which brings scandal upon Christianity and deters others from
esteeming it. All religious exercises according to the profession of
the Church of England to be enjoined and practised, and learned
and orthodox ministers encouraged to come among them, it being to
the shame of a rich and flourishing people to be without a ministry
proportionable to their numbers and condition, necessary not only
for themselves, but for the winning such as are purchased by them
as slaves to the Christian faith and making them capable of being
baptized thereinto. The King's declaration from Breda is sent, also
an Act of Indemnity, and they are urged to endeavour to lay aside
animosities begotten by the late distracted and unsettled times,
and unite affectionately, so that former differences be buried in
oblivion.
Letter prepared for Virginia to be directed to Sir Wm. Berkeley,
Governor for the time being, and the Council there, and read at the
next meeting. Petition of Col. Tuke touching an office proposed to
be erected for registering servants to be sent to the Plantations,
read and ordered to be considered on 18th inst. 3 pp. [Col. Papers,
Vol. XIV., No. 59, pp. 15-17.]
Feb. 11. 25. Orders of the Council for Foreign Plantations. The letter
Inner Court of for Barbadoes [calendared in preceding entry] is signed and ordered
Wards. ^ Q ^ e Directed according to his Majesty's pleasure. Also the letter
prepared for Virginia and Col. Tuke's petition and papers as above
stated. 1 p. [Col. Papers, Vol. XV., No. 12.]
8 COLONIAL PAPERS.
1661.
Feb. 11. 26. Governor Endecott, in the name and by order of the General
Court, to the King.
To the high and mightie Prince Charles the Second, by the Grace of God
King of Great Brittaine, France, and Ireland, Defender of the Faith.
Most gratious and dread Soveraigne.
May it please your Majestie, In the day wherein you happilie say you now
knowe that you are king over your Brittish Israel to cast a favourable eye
upon your poore Mephibosheth, now, and by reason of lamenes in respect
of distance not untill now, appearing in your presence, we meane New
England, kneeling with the rest of your subjectes before your Majestie as
her restored king. We forgett not our ineptness as to theise approaches,
we at present owne such impotencie, as renders us unable to excuse our
impotencie of speaking unto our Lord the King, yet contemplating such a
king who hath also seene adversitie, that he knoweth the heart of exiles,
who himselfe hath bene an exile. The aspect of Majestie thus extra-
ordinarilie circumstanced influenceth and animateth examinated outcastes
yet outcastes (as we hope for the trueth) to make this addresse unto
their Prince, hoping to finde grace in your sight, we present this script,
the transcript of our loyall hearts into your Royall handes. Wherein
we crave leave
To supplicate your Majestie for your gratious protection of us in the
continuance both of our civill priveledges according to and of our
religious liberties the grantees kuowen end of suing for thej Patent
conferred upon this plantation by your Royall father. This. This,
vizt., our libertie to walke in the faith oi the gosple with all good
conscience according to the order of the gospell (unto which the former
in theise endes of the earth is but subservient) was the cause of our
transporting ourselves with our wives and little ones and our substance
from that pleasant laud over the Atlantick ocean into this vast and
wast wildernes, chusing rather the pure Scripture Worship with a good
conscience in this poore remote wildernes amongest the heathens, then
the pleasures of England, with submission to the impositions of the
then so disposed and so farre prevailing Hierarchic which we could
not doe without an evill conscience. For this cause we are at this day
in a land which lately was not sewen, wherein we have conflicted with
the suifrings thereof much longer then Jacob was in Syria. Our wit-
nes is in heaven that we left not our countrie upon any dissatisfaction
as to the constitution of the civill State. Our lot after the example of
the good old nonconformist, hath bene onely to act a passive parte
throughout theise late vicissitudes and successive overturninges of State.
Our separation from our bretheren in this deseit hath bene and is a
suffring, bringing to mynde the affliction of Joseph. But providentiall
exemption of us heereby from the late warres and temptations of either
partie we account as a favor from God. The former clotheth us with
sackcloth, the latter with innocence.
What reception, courtisie, and equanimitie those gentlemen and
others adherers to the Royall interest in their adverse changes visited
theise partes were entertayned with amongst us, according to the
meanesse of our condition we appeale to their owne reportes.
Touching complaintes put in against us, our humble request onely is,
that for the interim wherein we are dumb by reason of absence, your
Majestie would permit nothing to make an impression upon your Royall
heart against us untill we have oportunitie and licence to answere for
ourselves. Few will be nocent said that impleader if it be enough to
deny, few will be innocent, replied the then Emperor, if it be enough
to accuse.
Concerning the Quakers, open capitall blasphemers, open seducers
AMERICA AND WEST INDIES.
9
1661.
from the glorious Trinitie, the Lords Christ, our Lord Jesus Christ, the
blessed gospell, and from the holy Scriptures as the rule of life, open
enemies to government itselfe as established in the handes of any but
men of their owne principles, malignant and assiduous promoters of
doctrines directly tending to subvert both our Churches and State,
after all other meanes for a louge time used in vaine, we were at last
constreyned for our owne safetie to passe a sentence of banishment
against them upon paine of death such was their dangerous impetuous
and desperate turbulence to religion and to the State civill and eccle-
siasticall as that how unwilling soever could it have bene avoided. The
Magistrate at last [least] in conscience both to God and man judged
hiraselfe called for the defence of All, to keepe the passage with the
point of the sword held towards them. This could doe no harme to
him that would be warned thereby. Their wittinglie rushing them-
selves thereupon was their owne act, and we with all humilitie conceive
a crime bringing their blood upon their owne heads. The Quakers
died not because of their other crimes how capitall soever, but uppon
their superadded presumptuous and incorrigible contempt of aucthoritie,
breaking in upon us notwithstanding the sentence of banishment made
knowen unto them ; had they not been restreined so far as appeared,
there was too much cause to feare that we ourselves must quickly have
dyed or .worse. And such was their insolencie that they would not be
restreined but by death ; nay, had they at last but promised to departe
the Jurisdiccon, and not to returne without leave from aucthoritie, we
should have bene glad of such an oportunitie to have said they should
not dye.
Let not the kinge heare men's wordes : your servants are true men,
fearers of God and the Kinge, not given to change, zealous of gover-
ment and order, orthodox and peaceable in Israel, we are not seditious
as to the interest of Caesar nor schismaticks as to the matters of
religion. We distinguish betweene churches and their impurities,
betweene a living man, though not without sicknes or infirmities, and
no man. Irregularities either in ourselves or others we desire to be
amended.
We could not live without the publick worship of God, we were
not permitted the use of publick worship without such a yoake of sub-
scription and conformity as we could not consent unto without sinne ;
that we might therefore enjoy divine worship without humane mix-
tures, without offence either to God or man or our owne consciences
we with leave but not without teares departed from our Countrie, kin-
dred, and fathers house into this Patmos. In relation whereunto we
doe not say our garmentes are become old by reason of the very long
journey, but that ourselves who came away in our strength are by
reason of very long absence many of us become gray headed and some
of us stooping for age. The omission of the prementioned injunctions
together with the walking of our Churches as to the point of order in
the congregationall way is all wherein we differ from our orthodox
brethren.
Sir, we lye not before your sacred Majestic the Lord God of Godes,
the- Lord God of Godes he knoweth and Israel he shall know, if it were in
rebellion or schisme that we wittinglie left our dwelling in our owne
or continew our dwellinges in this strange laud, save us not this day.
Royall Sir, if according to this our humble petition and good hope
the God of the Spirittes of all flesh, the Father of mercies who com-
forteth the abject shall make the permission of the bereavement of
that. All for which we have and doe suffer the losse of all, pretious
so pretious in your sight, as that your Royall heart shalbe inclined to
10 COLONIAL PAPERS.
1 aa~t
shew unto us your kindnes of the Lord in your Majesties protection of
us in those liberties for which we hither came and which hitherto we
have heere enjoyed upon Hezekiah's speaking comfortable to us as to
sonnes. This orphan shall not continew fatherles but grow up as a
revived infant under its nursing father, theise Churches shalbe com-
forted in a dore of hope opened by so signall a pledge of the lengthning
of their tranquillitie, theise poore and naked Gentiles not a few of
whom through grace are come and coming in, shall still see their wonted
teachers with incouragement of a more plentifull increase of the king-
dome of Christ amongest them. And the blessing of your poore
afflicted and yet (we hope) a people trusting in God shall come upon
the head and heart of that great king who was sometime an exile as
we are.
With the religious stipulation of our prayers we prostrate at your
royall feete beg pardon for this our boldnes, craving finallie that our
names may be inrolled amongest
Your Majesties
most humble subjectes and suppliantes,
Jo. Endecott, Governor,
in the name and by the order of the generall court.
Endorsed, by Sec. Sir Edward Nicholas R[eceived] 13 Feb. 1660
[-1]. Read in Council the 6 March 1661-2. 1 p. [Col Papers,
Vol. XV., No. 13.]
Feb. 11. 27. The Humble Petition and Address of the General Court
sitting at Boston, in New England, unto the High and Mighty
Prince Charles the Second, and presented unto His Most Gracious
Majesty. Feb. 11, 1660[-1]. A printed copy of the preceding.
8 pp. Also a MS. copy of same. [Col. Papers, Vol. XV., Nos. 14,
15.]
Feb. 12. 28. Commissioners of Customs to Sir Philip Warwick. Some
Custom House, merchants trading for New England find themselves very much
London. grieved in respect of the strictness of the Act of Navigation. The
commodities of that country are generally clapboards, pipestaves,
and other timber, fish and such gruff commodities, which may be
better vended in other parts than here at the merchant's desire, they
request power to take bond of merchants trading to foreign parts
to return the proceeds of the commodities they lade there and not
bind them to return the commodities in specie, as by the letter of
said Act seems to be enjoined. With Minute, that the Lord Trea-
surer may think this business worthy of his motion at the Council
board as well for settling it at London as in the Plantations. 1 p.
[Col. Papers, Vol. XV., No. 16.]
Feb. 13. 29. The Commissioners of Customs to Sir Philip Warwick.
Custom House, Several ships are now staying here for which the merchants are at
n< on> great charge, expecting a result in the business concerning which
they wrote yesterday. Earnestly entreat him to remind the Lord
Treasurer, who they understand has [moved the Council Board,
that somewhat may be determined for the merchants' just accom-
modation. 1 p. [Col. Papers, Vol. XV., No. 17.]
AMERICA AND WEST INDIES.
11
Feb. 15.
Whitehall.
1661.
Feb. 13. 30. Order in Council. On reading a " Narrative " from the
Whitehall. Officers and Commissioners of Customs, the Lord Treasurer is directed
to give them power and authority to take bonds of the merchants
trading for New England as they request, and further the Lord
Treasurer is desired to write to the Governor of that Planta-
tion giving him the same liberty to take the like bonds there.
Annexed,
Lord Treasurer Southampton, to [Commissioners of Customs].
To see that the directions in the above order be carefully
observed. Southampton House, 15 Feb. 1661. 3 pp. [Col.
Papers, Vol. XV., Nos. 18, 18 i.]
31. The King to [the Governor of] New England. It having
pleased God, after long trials both to the King and his people, to
touch their hearts at last with a just sense of His Majesty's right, and
by their assistance to restore him peaceably and without blood, the
King has made it his care to settle his lately distracted kingdoms
at home, and to extend his thoughts to increase the trade and
advantages of his ' Colonies and Plantations abroad, among which
His Majesty considers New England to be one of the chiefest, having
enjoyed and grown up in a long and orderly establishment, so the
King will not come behind any of his Royal predecessors in a just
encouragement and protection of all his subjects there, whose appli-
cation to His Majesty has been very acceptable, neither will he
forget to make his good people in those parts equal partakers of
those promises of liberty and moderation to tender consciences ex-
pressed in His Majesty's Gracious Declarations, which he is confident
his good subjects in New England will make a right use of. 2 pp.
[Col. Entry Bk, Vol. LX., pp. 18-19.]
Feb. 18. 32. Minutes of the Council for Foreign Plantations. The Lords
Inner Court of of the Privy Council who are members of this Council to be desired
to attend on 25th instant, to debate upon Col. Tuke's petition and
proposals concerning the registering of planters and servants going
to the Foreign Plantations. Petition of Bonnell and other mer-
chants to transport 20 servants on the Diamond frigate to Jamaica
referred to a Committee, who are directed to draw up an Address to
the King asking leave accordingly, and for another ship to be
speedily prepared for Jamaica. The King to be moved to issue a
Proclamation to prohibit tobacco planting in England according to
the late Act of Parliament. Copy of letter to be sent to Virginia
to the same .effect as the letter for Barbadoes [see ante, No. 24],
but with these additions, that the Governor and Council of Virginia
be recommended to instruct some planters or others well acquainted
with their affairs to represent them in England, that they apply
themselves to the increase and improvement of flax, silk, and other
manufactures, and enforce all laws for the planting of such commo-
dities and white mulberry trees, to which they are also to give
every encouragement. To inform the Council how many parishes
the country is divided into, how many are supplied with ministers
and what allowances they receive, also to consider of proposals to
Wards.
12 COLONIAL PAPERS.
1661.
encourage others to go to them with a certain livelihood and sub-
sistence. Z^pp. [Col Papers, Vol. XIV., No. 99, pp. 18-21.]
Feb. 19. 33. Information of Edward Godfrey, sometime Governor of the
Province of Maine. The great benevolences that have been so
publicly known to propagate the Gospel in New England are but
in effect to be [establish] there a free State, the private acting as
yet he conceals, there is a snake in the weeds. There is a corpora-
tion sitting formerly at Cooper's Hall, commonly on Saturdays.
For the business, Hugh Peters confessed to 60,OOOZ., and last year
they said they purchased land to about 1,000. per annum, but now
shrunk to 7001. ; " they Israelites, I an Egyptian, conquered of
" them by the teeth of their swords." He most humbly petitioned
for something here to relieve his eight years '' exturped " of his
means. Has faithfully served 30 years amongst them, the first
planter, a vast estate spent, his nearest relation in the discovery
slain by the Indians, and his only son ruined by the country where
Godfrey was governor 20 years. The state of the business is,
there is one Smith, whom Godfrey met at Mr. Attorney- General's,
solicits to have the patent renewed. Mr. Ashworth, at the Key, in
Watling Street ; Alderman Peake, at 3 Arrows, in Cannon Street ;
Mr. Roffe, a scrivener, at the backside of the Exchange, near the
Ship Tavern ; Mr. Michelson, at the Angel, a linen-draper's, in
Cheapside ; Mr. Wolner, a woollen-draper, in Gratious Street ; Mr.
Bell, at Tower Street. None other there or here had any acting
in these affairs that did not idolize the church covenant. Great
mulcts and fines were imposed upon those of the Church of Eng-
land only for petitioning to have the liberty of free-born English.
The tribute received from the Indians amounts yearly to a con-
siderable sum. Annexed,
Edward Godfrey to Sec. Sir Edward Nicholas. Formerly
he gave him in print an appendix to the petition to the
Usurper Cromwell and Parliament, concerning the North part
of America. One particular patent of the Massachusetts, at
Boston, has usurped all the country to subjection, being gente
inemica to loyalty, in practice to be a free State. Was turned
out of his patent because he came to give an account of 55
years travel, of which 46 in civil employment, for his country
27 there, aged 77 years. Begs to be heard on what may be of
higher concernment than if all the Baltic Sea were annexed to
the King's empire. Has suffered eight years, and now for all
his service for his country is like to perish for want. 1660,
July 15. Together 2 pp. [Col Papers, Vol. XV., Nos. 19, 20.]
Feb. ? 34. Petition of Wm. Latham, Andrew Beech, Godfrey Havercamp,
Sam. Baker, John Johnson, John Downing, and Anne Henshaw,
widow, trustees for themselves, and above fourscore other persons to
the King. Petitioners in 1644 obtained a decree in Chancery for
30,000^., debts due to them from the late Earl of Carlisle, whose son,
on 30th Dec. 1649, granted an assignment to the petitioners, for 21
years, of one half of the profits arising out of the Carribbee Islands,
demising the other half to Fras. Lord Willoughby, who he consti-
AMERICA AND WEST INDIES. 13
1661.
tuted his Lieut.-General of those islands, also for 21 years. Shortly
after Lord Willoughby had repaired thither he fell under the dis-
pleasure of " the pretended Parliament, 5 ' who sent a fleet to reduce
Barbadoes, since which time the petitioners have not received one
penny, and the said Earl has lately surrendered to his Majesty all his
right and title to the Caribbees. Pray that " in this time of public re-
" joicing for His Majesty's happy restoration, they may not be forced
" to mourn in want and misery ;" that their former assignment may
be ratified, or some other way be devised for payment of their debts.
1 p. [Col Papers, Vol. XV., No. 21.]
35. Copy of preceding petition. The names of John Downing and
Anne Henshaw are omitted, as is also the paragraph in above pe-
tition of the surrender of the Earl of Carlisle's right and title to
the Caribbee Islands to the King. This petition is signed. 1 p.
[Col. Papers, Vol. XV., No. 22.]
Feb. 20. 36. Order of the King in Council. That the Earl of Kinnoul, Fran-
Whitehall. c i s LordWilloughby of Parham, Thomas Kendall, merchant, on behalf
of Mr. Courteen and all other persons who pretend interest or title
to Barbadoes and other the Caribbee Islands, forthwith deliver to
the Attorney-General their several patents, writings, and other in-
struments by which they claim the same, and that they attend this
Board with their Council on 1st March next, when their several
pretences are appointed to be discussed, and such order will be given
as shall be thought fit. 1 p. [Col. Papers, Vol. XV., No. 23.]
1661? 37. Petition of Richd. Downing, And. Buck [? Beech] Godfrey
Havercamp, Sam. Baker, John Johnston, and Anne Henshaw, trustees
for themselves and about 80 other creditors of Jas. the elder Earl
of Carlisle, to the King. Petitioners, after a long suit'in Chancery,
obtained, in 1644, a decree for 40,000. (sic.), debt due to them, and
by several indentures one moiety of the profits from the Caribbee
Islands were entrusted to Lord Willoughby for 21 years, and the
other moiety to the petitioners. Most of those debts were contracted
by the first Earl in several public embassies and the remainder in
furnishing the islands ; petitioners have spent 1,200?. in prosecuting
their claims, but have not as yet received one penny. On ] st March
last [1661] they submitted their pretences to the Council, relying
upon His Majesty " allowing them a due compensation, but have not
been since in the least informed of the King's determination. Pray
for some relief and that their debts may be charged upon the profits
of those islands." Indorsed by Sec. Nicholas. 1 p. [Col. Papers,
Vol. XV., No. 24.]
1661. 38. Minutes of the Council for Foreign Plantations. Information
Feb. 25. from the Captain of the Diamond Frigate and the Rosebush, bound
for Jamaica, that he cannot take the King's brandy and forty-four
thousand (sic.) of his bread ; the Duke of York to be entreated to
command that they be sent, and other goods less necessary for the
island taken out. p. [Col. Papers, Vol. XIV., No. 59, p. 21.]
.4 COLONIAL PAPERS.
1661.
[Mar. 1.] 39. Petition of Planters of Barbadoes inhabiting in and about
London, to the King. Whilst petitioners were endeavouring to lay
before His Majesty some disadvantages that arose in Barbadoes by
the Patent of the Earl of Carlisle, and praying either for no change
of Governor or a disinterested person to be appointed, and were
addressing certain proposals to the Lord Treasurer, letters from
His Majesty were procured which have removed the Governor and
given countenance to some settlement intended by Lord Willoughby,
which tends much to the grief of petitioners and many of the ablest
planters. Having stated to the Lords Chancellor and Treasurer the
illegality of the Earl of Carlisle's Patent, and the advantage to His
Majesty in sovereignty and revenue, in case the Planters have an
immediate dependence on His Majesty, petitioners pray that fresh
letters may be sent to Barbadoes, intimating His Majesty's resolution
of taking the Plantations in America, and particularly Barbadoes,
into a more immediate dependence on the Crown ; what the Crown
will do for them ; and what it expects from them. Petitioners are
confident that if no such despatch speedily be made the present
power may be so made use of as many of the best planters may be
forced to withdraw. Signed by Peter Lear, And. Riccard, Richard
Batson, Jno. Colleton, Wm. Williams, Thos. Middleton, Martin Noell,
Tobias Frere, Thomas Kendall, John Roberts, Will. Chamberlaine,
Jona. Andrewes, & Thos. Parris. Indorsed : Read in Council, Mar. 1,
1660-1. 1 p. [Col Papers, Vol. XV., No. 25.]
March ? 40. Petition of the Planters, merchants, and traders to Barbadoes
to the King. Petitions by reason the laws for the recovery of debts
in Barbadoes have not been fully put in execution through the
want of knowledge of former Governors, have very much suffered,
and forasmuch as the present Governor, Col. Thos. Modyford is
by profession a lawyer, and "full of justice and ability," that he may
be continued in the Government until His Majesty has had some
further trial of him. Signed by Jon. Keate, Knt. ; And. Riccard,
Knt. ; Hen. Batson ; Tho. Overall ; Jno. Berwick ; Tho. Frere ;
Jno. Pemell ; Jona. Andrewes ; Seth Rowley ; Wm. Beale ; George
Keate ; Wm. Williams ; Rich. Batson ; Tho. Middleton ; Tobias
Frere; Da. Skynner ; and Ri. King. [Col. Papws, Vol. XV., No.
26.]
1661 ? 41. Reasons of the Commissioners appointed by the Governor
Council, and Assembly of Barbadoes against holding any treaty with
Lord Willoughby upon his designs and propasals until they receive
direction from some noble persons in the King's interest how to pro-
ceed therein. They have been entrusted with an Address to the King
on his most happy and blessed restoration, and desire immediate pro-
tection against any proprietary claim, for which purpose k they have
been advised to commence a suit by scire facias to overthrow Lord
Willoughby's claim. The Governor's interest in the island and the
state of both parties for and against. It is complained that a petition
is set on footjby several seamen and other inconsiderable persons pray-
ing that Lord Willoughby may be sent over as Governor. Annexed,
AMERICA AND WEST INDIES.
15
March 4.
Inner Court
of Wards.
March 4.
March 8.
1661.
Names of persons improper for the Council of Plantations [sic ?
Barbadoes] and fit to be put out : Wil. Glascock, Wm. Watts,
and Alex. Howe. Those fit to be added John Lewes, Thos.
Middleton, and John Jeffreys, of great experience and interest
in several plantations and of clear reputation. Together 2 pp.
[Col. Papers, Vol. XV., Nos. 27, 28.]
42. Minutes of the Council for Foreign Plantations. Capt. Bree-
don and Messrs. Godfrey, Gifford, and Mavericke to attend on the
llth inst., with such papers and writings as together with their own
particular knowledge may give information of the present condition
and government of the several Colonies commonly known by the
name of New England. Mr. Bonnell to attend the Sec. of State
about his petition touching the transport of men and goods for
Jamaica. | p. [Col Papers, Vol. XIV., No. 59, p. 22.]
43. Copy of preceding. [Col. Papers, Vol. XV., No. 29.]
4. Order of the Privy Council on petition of Charles St. Stephen,
Whitehall. Lord de Latour, Baronet of Nova Scotia, Thomas Temple, and William
Crowne, concerning their right in Nova Scotia; directing said
petition to be referred to the Committee formerly appointed to
consider some matters in relation to Nova Scotia. See Vol. XIV.,
No. 64. 1., Gal pp. 496, 497. 4 p. [Col Entry Bk, Vol. LX., p. 15.]
[March 11.] 45. Capt. Thos. Breedon to the Council for Foreign Plantations.
Relation of the state of affairs iD New England at his coming from
thence in 1660. Having been summoned to appear before the
Council this llth of March 1661 to give information of the condition
and Government of the several colonies of New England, he here-
with presents in the first place the book of laws of the Massachu-
setts Colony, whereby they will understand the Government better
than himself, which they assert to be by patent from the King,
which patent he never saw, therefore cannot tell how agreeable to
their patent they act. The distinction between freemen and non-
freemen, members and non-members, is as famous as Cavaliers and
Roundheads was in England, and will shortly become as odious.
The grievances of the non-members, who are really for the King,
and also some of the members, are very many. A gentleman not
many years ago, supposed to be the King, was apprehended and
would have been sent to England, had not Sir Henry Moody and
others better known His Majesty. They look on themselves as a
free state, sat in Council in December last a week before they could
agree in writing to His Majesty, there being so many against own-
ing the King or having any dependence on England. Has not seen
their petition, but questions their allegiance to the King, because
they have not proclaimed him, they do not act in his name, and
they do not give the oath of allegiance, but force an oath of fidelity
to themselves and their Government, as in Book of Laws, pp. 62
63, 68, and 84. For his conduct to Whalley and Goffe, who came
to New England under the names of Richardson and Stephenson, and
who he commanded to appear before the Governor, he was called a
malignant, and the Marshal-General abused him, " grinning in my
" face speak against Whalley and Goffe if ye dare, if ye dare, if ye
16
COLONIAL PAPERS.
1661.
" dare." The Act of Parliament and the King's Proclamation
villified by the Deputy Governor. None but freemen who take the
oath of fidelity are capable of bearing ofiice in military or civil
affairs, yet two-thirds of the soldiers are non-freemen, who, he is
confident, would be glad to have officers with the King's commis-
and desire a Governor from the King ; others fear it, and say
sion,
March 11.
Inner Court
of Wards.
they will die before they will lose their liberties and privileges, " by
" which it may appear how difficult it is to reconcile Monarchy and
" Independency." Refers to the laws against the King's interests ;
these laws contrary to the laws of England. Necessity for speedily
settling this country in due obedience and subjection to the King.
The two Hectors, Whalley and Goffe, daily buzzing in their ears a
change of Government. Multitudes of discontented persons of their
gang sending their estates thither ; the bad effects that will follow.
The French and Dutch trade to the English Plantations very much
to the prejudice of England, and the loss of many thousands of
pounds yearly to His Majesty's customs. " This was given in by
Capt. Thomas Breedon." 3 p. Printed in Neiv York documents,
III., 39-41. [Col. Papers, Vol. XV., No. 30 ; also another copy,
Vol. XV., No. 31, pp. 5-7.]
46. Minutes of the Council for Foreign Plantations. The Council
having heard some informations concerning the condition and
government of New England, Capt. Breedon and Messrs. Godfrey
and Gifford are again requested to attend on the 14th inst., as also
Mr. Mavericke, Capt. Leveret, Thos. Bell, and Mr. Wollnough. ^ p.
[Col. Papers, Vol. XIV., No. 59, p. 22.]
March 13. 47. Minutes of the Council of Barbadoes. The King's Proclama-
tion prohibiting unlawful and seditious meetings and conventicles,
under pretence of religious worship, to be published in St. Michael's.
Being asked by the President and Council to consent to the levying
of the 2 and 4 per cent, granted to Lord Willoughby during the
tenure of his lease, and to the Earl of Carlisle and his heirs for ever,
when the Island was under the King's obedience, the Assembly in
their answers signed by Geo. Thornburgh, Clerk of the Assembly,
desire a respite until it be determined in England, in whom the
proprietorship now is. Two Committees to be appointed, for the
Windward and Leeward Precincts, to revise the Statute Books, and
Coll. Ellice's Books of Collections, and present them to the Council
and Assembly. The Council Books also to be sent to the Wind-
ward Committee, for the expunging of any matters contrary to
the King's right or dignity. 2 pp. [Col. Entry Bk., Vol. XI.,
pp. 42-44.]
March 14. 48. Minutes of the Council for Foreign Plantations. Messrs. Bell
and Wollnough to be discharged from further attendance on the
Council, but Capts. Breedon and Leveret, and Messrs. Godfrey,
Gifford, and Mavericke to attend on the 18th, and Capt. Leveret to
bring the copy of the patent for New England which he acknow-
of Wards.
ledges to have.
JL n
2 V"
[Col. Papers, Vol. XIV., No. 59, p. 23.]
1661 ?
49. Petition of divers persons who have been sufferers in New
England on behalf of themselves and thousands there to the Council
AMERICA AND WEST INDIES. 17
1661?
for Foreign Plantations. Through the tyranny and oppression of
of those in power there, multitudes of the King's subjects have
been most unjustly and grievously oppressed contrary to their own
laws and the laws of England, imprisoned, fined, fettered, whipt,
and further punished by cutting off their ears, branding the face,
their estates seized and themselves banished the country. They
would willingly petition the King for relief but dare not knowing
the danger, should not his Majesty own them they would be for
ever undone by that power that assumes the privilege of a free
State which makes and breaks laws at pleasure. Pray that they may
be owned and their oppressions relieved, that the law of England
may be established amongst them and a Governor in general
appointed over them, or what else their Lordships shall think fit.
Signed by John Gifford, Archibald Henderson Edw. Chapman, James
Bate, Henry Wilson, Robert Seymor, Edward Godfree, Theophilus
Salter, John Dand, George Baxter, John Baker, Arch. Crowder, and
John Baxe. 1 p. [Col. Papers, Vol. XV., No. 31, p. ].]
50. Petition of Lyonell Copley, Thomas Foley, Thos. Pury, Nicho-
las Bond, John Pocock, Wm. Heycock, John Beex, Wm. Greenhill, Geo.
Sherpuls, and Wm. Beck on behalf of themselves and other merchants
adventurers in the iron-works in New England to the Council for
Foreign Plantations. Above 10 years since they erected sundry
iron- works there at a cost of 15,000?., and left John Gifford and
Wm. Avery to manage same. For supposed debts the petitioners j
estates were seized and their agents imprisoned. About three years
since the petitioners dispatched an agent to implore the common
justice of the country, which they were so far from obtaining that
their estates are still witheld even by some of the Judges themselves
so that petitioners are without hope of remedy. Pray for relief.
1 p. [Col. Papers, Vol. XV., No. 31, p. 2.]
51. Petition of Archibald Henderson to the Council for Foreign
Plantations. Through injuries offered him by the Government and
Planters of New England he was endamaged to the value of 8001.
as by the annexed paper may appear. Prays for satisfaction from
said country as the Council think fit and appertains to justice.
Annexed,
1. State of the injurious usages of those of New England
towards Archibald Henderson. He arrived at Boston from Bar-
badoes in May 1652 being enforced thence after it was sur-
rendered to Sir Geo. Ayscue. Ignorant of their laws, which in
several particulars are contrary to the laws of England, he had
been walking in the street half an hour after sunset one Saturday
when a constable entered his lodging, dragged him downstairs
by the hair of his head, beating his head against the stairs,
stripped him of his purse and clothes and carried him as a dead
man to prison. Recites the charges and proceedings against
him, Capt. John Leverett, as Attorney-General prosecuting.
His petition to Governor Endecott for redress, the stay and
loss of his ship bound for Barbadoes in consequence, his fines,
M 605.
18 COLONIAL PAPERS.
1661 ?
charges of Court, payment of his ship's company, and damage
to his goods amount to 800?. Together 4 pp. [Col. Papers,
Vol. XV., No. 31, pp. 2-4.]
52. Petition of Gyles Sylvester, merchant, on behalf of himself
and other inhabitants of Shelter Island, near the Colony of New
Haven in "New England, to the Council for Foreign Plantations.
That Charles I. by letters patent granted Shelter Island to Lord
Sterling, who employed an agent to purchase from the Indians their
right and title therein, and who continued in possession thereof foi
several years. For want of supplies the island was sold to Stephen
Goody ere, then Deputy Governor of New Haven, who in 1651 sold
it to Col. Thos. Middleton, who with his partners, at great charges,
settled a plantation on said island, under whom petitioners claim
their interest. The Government of New Haven, because of peti-
tioner's refusal to yield obedience, have laid violent hands on the
inhabitants of said plantation, have seized and confiscated all estates
they could find, and most wrongfully detain about 3,000 acres of
very good land upon Long Island, which the petitioners lawfully
purchased of the Indian king of those parts. Pray that they may
be restored to their lands and goods and receive satisfaction from
the Government of New Haven for the insupportable injuries they
have received, and be preserved from like outrages until the King
be pleased to settle the government of those parts. 1 p. [Col.
Papers, Vol. XV., No. 31, p. 5.]
1661. 53. Letter and information of Edward Godfrey, sometime
March 14. Governor of the Province of Maine. In reference to Capt. John
Leveret, agent for the Massachusetts. To consider his acting there
in subjugating the eastern parts in New England presumptuously
and audaciously without any power from England, as by Jo. Baker's
deposition and other papers Godfrey can show. After three years
spent there in vain for redress, Godfrey came for England, showed
Capt. Leveret his papers and complaints, but stayed two years
without any answer. Then he got a reference from [liver] P[ro-
tector], but nothing effected, then one from R[ichard] P[rotector],
when Leveret acted for and acknowledged himself to be agent for
the Massachusetts. In this reference now of Mason and Godfrey's,
though at first he refused [to act as agent], yet a process being
fixed on the Exchange, he made an excuse. After he sent a letter
with one from the Court [of the Massachusetts] accusing receipt of
their petition, which answer is most unjust and untrue, as by
sundry depositions may appear. Capt. Leveret presented the
country's addresses to the King. As touching New England, God-
frey has known the country from the first discovery ; he lost his
nearest relations, slain by the Indians, and has faithfully served the
country 25 years ; his only son transported his wife and family
there, and now hearing of Godfrey's ruin abides here to present
these few lines. He always said that Piscattaqua River and the
Province of Maine were of more concernment to the King for trade,
present and future, and discovery of the country, than all New
England besides, and other reasons as by the maps may appear.
AMERICA AND WEST INDIES. 19
1661.
Whether it be not fitting, that a general Governor should go.
The jurisdiction of those eastern parts may not be regulated
by commission as formerly 30 years [ago] without complaint there
or here, nor never questioned till 1652. Boston would be a free
state. His reasons. The Commissioners formerly and now living
are Capt. Henry Jocelyn, Capt. Fran. Champernowne, Thos.
Jordan, an orthodox Dean for the Church of England and of
great parts and estate. John Gifford goes this year, Joseph Mason
is there for Godfrey, who is too old to act, yet Oliver Godfrey, his
son and grandchild, being well versed in the country, will assist to
the uttermost. Indorsed, " The information of Mr. Edward God-
frey, sometime Governor ^of the Province of Maine, concerning the
consequence of that Province and the usurpation of the Bostoners."
2 pp. [Col Papers, Vol.XV., No. 32.]
March 18. 54. Minutes of the Council for Foreign Plantations. Mr.
Inner Court of Froude to move the Lord Treasurer for expediting the payment of
ar s ' 500Z. remaining unpaid of the money ordered to Sir James Drax for
the brandy wine [sic] shipped and sent for Jamaica. Messrs. Den-
ham, Waller, Povey, and Noell to draw up a letter for New Eng-
land like those sent to Barbadoes and Virginia, but with such
alterations as they shall think suitable to the condition of the place ;
the direction to be left to the King. p. [Col. Papers, Vol. XIV.,
No. 59, p. 23.]
March 19. 55. to Henry Hobbes, Barnslaple. As for New Eng-
land, though he has not yet altogether layd aside all thought of it,
yet hardly thinks he shall go this summer, and whenever he goes
it will not be so much the desire to see his father and friends there,
though he is not without natural affection to them, as mere necessity
that shall drive him away. Neither is he for leaving the land till
all means possible have been tried for their liberty, and till the
cause and truth of God, which they profess, have been more wit-
nessed to by suffering, which the writer prays Hobbes to acquaint
Mr. Bartlet withal, and to send word whether it was the father or
son who spake to him concerning New England, for he purposes to
write about it. [Extract from .Dora. Chas. II., Vol. XXXII., No.
113, Gal., p. 540.]
March 25. 56. Minutes of the Council for Foreign Plantations. Mr. Froude
Inner Court of to speak with the officers of the Receipt of the Exchequer to ex-
pedite the payment of 500Z. due to Sir James Drax for brandy sent
to Jamaica. Letter drawn up by Mr. Povey and the rest of the
Committee for New England to be engrossed, and said Committee
to report on the several petitions and declarations concerning New
England, that it may be presented to the King. Lord Berkeley,
who presented Mr. Cley ton's proposals for transporting 1,000 able
men to Jamaica, to desire Cleyton to attend on the 1st April. 2001.
to be paid to Mr. Froude, Secretary, towards his charges. p.
[Col. Papers, Vol. XIV., No. 59, p. 24.]
B 2
20
COLONIAL PAPERS.
March 29.
Barbadoes.
1661.
March 26. 57. Thos. Wilkes to the Commissioners of his Majesty's Navy.
H.M.S. Conver- get sail from Jamaica on Jan. 23rd last, and is wanting victuals.
tiVe Soimr Uth Sends bv P st the P acket of Lieut.-General D'Oyley, who, with all
the people of the island, is in health. The place prospers with
plenty of all things, and many resort thither from the Windward
Isles, but his Majesty's protection, commission, and laws are much
wanted, especially by the soberest sort of people, for the others are
ready to mutiny. 1 p. [Col. Papers, Vol. XV., No. 33.]
March 28. 58. Copy of petition of John Clarke to the King, and inclosure
[see ante, No, 18]. Indorsed, Rec. from Mr. Sec. Nicholas the 28th
of March 1661, with directions from his Majesty that it be read
at the next sitting in Council. 2 pp. [Col. Papers, Vol. XV.,
No. 34.]
March 28. 59. John Clarke to the King. Humble and hearty thanks of the
Colony of Rhode Island and Providence Plantations for the late
grant bestowed upon them. Awaits the King's commands, being
about to return to those parts. 1 p. [Col. Papers, Vol. XV.,
No. 35.]
60. Col. Humphrey Walrond to [Sec. Sir Edward Nicholas].
Is emboldened by the reception of the late address of himself and
the Council, begging the recall of the King's late patents with regard
to Barbadoes, and that whatever the King might do with the Earl of
Carlisle's patent he would " not interest himself in each little office
here, as to grant immediate comjnissions from England," but leave
them to the disposal of the Governor, and the consent of the
country, as used to be the custom, " till treason by the treachery of
Col. Modyford and his party found a way to tyrannize over us."
Hears that Mr. Kendall and Mr. Colleton, to oppose Lord Willoughby,
are offering in the name of the Council four per cent, on all com-
modities to be paid to his Majesty if he will take into his hand the
Earl of Carlisle's interest, and appoint Col. Modyford Governor.
Entreats he will acquaint the King that these gentlemen have no
power from them to act so ; that the assumption of the Earl's patent
by the King would give great satisfaction if he will not exact more
than the Earl did, for so the people of Barbadoes would suffer an
undeserved loss, as they were the first to proclaim his present
Majesty immediately upon the news of their late dread Sovereign's
horrid murder, and should have defended the island under Lord
Willoughby had not Col. Modyford betrayed them. None would
be more acceptable as Governor than Lord Willoughby. Should
Col. Modyford be appointed " it would be no little discouragement
to those who forfeited their lives and fortunes by a constant
loyalty ;" his treachery in betraying the island to the usurper and
his persecution of royalists ever since, has rendered him odious to
all honest people. Prays these evils may be averted from them. If
further information in their affairs is desired it will be given by
Mr. John Walrond. Indorsed, Received 25th May. 2 pp. [Col.
Papers, Vol. XV., No. 36.]
AMERICA AND WEST INDIES. 21
1661.
March ? 61. Col. Edward D'Oyley, Governor of Jamaica, to his kinsman,
Sec. Nicholas. Has impatiently expected orders from his Majesty,
how to carry himself in this great and happy change, but in their
absence has pursued his former instructions. Received on 4th of
February last from the Governor of St. Jago upon Cuba, a letter
with an order from Sir Henry Bennet, his Majesty's Resident in
Spain, for a cessation of arms, and with it about 30 prisoners. Has
issued an order for the cessation. Saw a proclamation of peace with
Spain in print on 9th February ; that very day the soldiers brought
in 100 negroes from the mountains, being the last of 2,000 who had
infested them since their arrival. This put him to another stand,
for the negroes were the prize of the soldiers, who receive no pay,
and know his want of authority ; whereupon he called a council of
war, who adjudged that the Proclamation did not concern this side
of the line, and if it did restitution might be made. Judged it
therefore safest to let them alone, having already, by the order for
cessation, sufficiently enraged the populacy, who live only upon
spoil and depredations, and whom nothing but strict law and severe
justice can keep in obedience. Hopes Nicholas has received his
letter of the llth September last. Indorsed, "Rd. 21 Junii 1661,
brought by Mr. Bird." l^ pp. [Col. Papers, Vol. XV., No. 37.]
1661 ? 62. Petition of Cecil Lord Baltemore to the King. Recites his
former petition, and the proceedings thereon [see Col. Papers, Vol.
XIV., No. 9, calendared in Vol. I., pp. 481-2], with his Majesty's order
(of 20th March 1660/1) to restore petitioner to his possession and
rights in Newfoundland, but that he hath yet no satisfaction for the
great damage done him by Sir David Kirke and others in dispossess-
ing petitioner of his house, goods, and rights in the province of
Avalon, and keeping him out of possession many years, to his preju-
dice of above 20,000. sterling, for which damages petitioner sued
said Sir David Kirke at his first return thence into England about
ten years since, and laid him in prison, where he died before making
any satisfaction to petitioner. That nevertheless Sir Lewis Kirke
claims satisfaction for the charges wrongfully bestowed by his brother
upon said province to petitioner's prejudice. Prays that persons
may be appointed to examine petitioner's claim for damages and
some order be given for his satisfaction. With reference, supposed
to belong to this petition, to Sir Heneage Finch, Sir James Ware, and
Sir Maurice Eustace, for their examination and report. [Col.
Papers, Vol. XV., No. 38.]
1661. 63. Minutes of the Council for Foreign Plantations. Upon corn-
April 1. plaint of Sir James Drax and Messrs. Howe and Diggs that 500.
was still due to them for the brandy sent to Jamaica, Mr. Froude is
requested to solicit the Lord Treasurer for speedy payment thereof.
The letter for New England to be engrossed by Monday next, so that
it be presented to the King. Mr. Froude to solicit the Lord Treasurer
for payment of 2001. due to several persons in order to the charges
of this Council. 1 p. [Col. Papers, Vol. XIV., No. 59, pp. 24, 25.]
22 COLONIAL PAPERS.
1661.
[April 4.] 64. Petition of Ferdinando Gorges, son and heir of John Gorges,
who was son and heir of Sir Ferdinando Gorges, to the King. His
grandfather was chiefly instrumental in discovering and reducing New
England to the obedience and government of the laws of England,
and spent vast sums of money therein, whereby he exhausted the
greatest part of his fortune. King Charles I., in the fifteenth year
of his reign, granted to petitioner's said grandfather, his heirs and
assigns for ever, a patent of a considerable part thereof, called the
Province of Maine, containing every way 120 miles, with very
many large privileges and immunities, and long before and since
said grant petitioner's grandfather, at very great charges, sent over
several persons as his deputies to govern the same. That certain
English inhabitants in New England called the Mathethewsits [Mas-
sachusetts], taking advantage of the late rebellion here, have, without
any colour of right, encroached upon the greatest part of the said pre-
mises, and others, who at most were but tenants under petitioner's
grandfather, now claim the same as lords and proprietors, whereby the
said patent, the greatest patrimony left him, will be rendered unpro-
fitable without his Majesty's assistance. Prays the King to take this
matter into his consideration, or refer the same to the Council for
Foreign Plantations. With reference to said Council for Foreign
Plantations to examine petitioner's title and certify what is fit to be
done therein. 1661, April 4. 1 p. [Col. Papers, Vol. XV., No.
31, pp. 7, 8.]
[April 8.] 65. Petition of Henry Bernard de Caseres, Henry de Caseres, and
Jacob Fraso to the King. His Majesty having received a letter
from the King of Denmark desiring liberty for the petitioners to
live and trade in Barbadoes and Surinam, and as their residence in
those places will rather benefit than prejudice the inhabitants,
pray for this indulgence and for a pass. With reference to the
Commissioners for Foreign Plantations to certify what they conceive
fit to be done. 1661, April 8. f p. [Col. Papers, Vol. XV., No,
31, pp. 8.9.]
April 8. 66. Minutes of the Council for Foreign Plantations. Letter to
inner Court of [the Government of] New England. Notify their appointment as
r s ' a Council for the management of the Colonies. To give notice to
the several Provinces of New England to meet together and consult
on the matters contained in this letter. To proclaim his Majesty in
the most solemn manner, and then apply themselves strictly to that
conformity and obedience to his Majesty, from whence their consti-
tution, government, and protection is derived, and as they desire to
receive the benefits of his grace especially in the Act of Oblivion,
which restores security to all who have been drawn by misap-
prehension into disorder or disobedience to the royal authority.
Complaints having been made that a jurisdiction is exercised beyond
the limits and authority originally granted and contrary to the
tenor thereof, by which some of the King's subjects are withheld
from their just rights and others dispossessed of their freeholds and
estates, and that there are certain rules of government repugnant
AMERICA AND WEST INDIES.
1661.
to the laws of England ; they are required forthwith to proceed
to such considerations and councils as may collect together such
memorials of the condition of New England, as well the primitive
and fundamental constitution and beginning thereof, as of the
progress and changes which have happened in any material
things among them, that having informed themselves of their own
proceedings, they may be able distinctly and prudently to vindicate
themselves to be a people not unworthy of the large privileges and
concessions bestowed upon and entrusted to them by his Majesty's
predecessors, and of the favour, protection, and encouragement with
which the King is ready to further their growth and increase, as
they are become a great and considerable part of his industrious
subjects. They are directed to send a plain and methodical answer
to the matters here touched upon, and to add a description of the
model and frame of their Government, the extent of the Colony,
and number of inhabitants, the nature of the trade, and the improve-
ments they are endeavouring. They are also required as very
expedient to appoint and instruct prudent persons interested in
their affairs to represent them whenever any concernments of
New England shall be had in consideration here. 2 pp. [Col.
Papers, Vol. XIV., No. 59, pp. 25, 26.]
April 10. 67. Order of the Privy Council on the Attorney-General's report on
a petition of divers persons for propagating the gospel in America
referred by an order of 14 Nov. 1660 and draught of a renewed
charter of said corporation. Giving power to purchase 2,000. per
annum, and liberty to transport yearly 1,OOOZ. in bullion or foreign
money upon making entry thereof in the port of London. Lord
Valentia to examine the list of names of the members of said corpo-
rationj and offer same to this board. The Attorney- General to fill
up the blanks in said draught of charter, and to add a clause vesting
all lands, &c. heretofore given or bought to the uses in this charter
in said corporation and their successors, with power to sue for and
recover same and any arrears thereof. 1 p. [Col. Papers, Vol. XV.,
No. 39.]
April 13. 68. Col. Edward D'Oy ley to the Commissioners of the Admiralty
Jamaica. a t Whitehall. Was forced, for want of provisions, to send the ship
Bear home, for if he should not take hold of the season of killing
turtle at Kiemanas, he must have been forced to have laid her up,
and by what extraordinary courses he has maintained her all this
time, the steward general will inform them. Hopes some more
orderly course will be taken in future for the maintenance of the
ships and forces kept here ; for the wants attending this design
have quite tired him, and he should faint did he not hope that relief
was coming, to whom he will resign with much more pleasure than
he has enjoyed the command. Indorsed, " Rec. 17 July 1661."
1 p. [Col. Papers, Vol. XV., No. 40.]
April 14. 69. F. Burghill to Sec. Nicholas. Begs he will once more move
his Majesty in Burghill's behalf for Antigua. The King promised
Lord Berkshire he should have it, and has granted St. Kitts and
COLONIAL PAPERS.
April 15.
The Lord
Chancellor's
Chamber,
Whitehall.
April 15.
The Lord
Chancellor's
Chamber,
Whitehall.
April 17.
St. John's,
Maryland.
1661.
Nevis to Mr. Pickes, without taking any notice of Lord Willoughby
[Extract from Dom. Chas. IL, Vol. XXXIV., No. 57, Cat., p. 568.]
70. Minutes of the Council for Foreign Plantations concerning
provisions for Jamaica to be sent out in the Charity. List of same'
including tools, utensils, oil, biscuit, meal, clothing, and fishing tackle,
for which the 2,0001. designed for perfecting the fort of Cagway and
the platform on the adjacent island is to be expended. Sir James
Drax and Messrs. Noell, Howe, and Kendall appointed a committee
to confer with the Navy Commissioners and inspect their goodness
and quality. p. [Col. Papers, Vol. XV., No. 41.]
71. Minutes of the Council for Foreign Plantations. Duplicate of
the preceding. Also, That Mr. Povey be joined with Messrs. Noell
and Kendall for amending the report on complaints of the misgovern-
ment of New England. 1 p. [Col. Papers, Vol. XI V., No. 59, p. 27.]
72. Ten Acts made at a General Assembly held at St. John's, in
St. Mary's county, beginning April 17th, 1661, by Governor Philip
Calvert, Esq., viz. : 1. For encouragement of such soldiers as shall
adventure in the defence of the country. 2. For the appointment of
certain officers. 3. For military discipline. 4. Concerning the height
of fences ; and, 5. The setting up of a mint (2). 6. For conveyance
of all letters concerning the State and public affairs. 7. An expla-
nation of that clause in an Act made by Capt. Willm. Stone, the
29th April 1658, concerning the secretary and sheriffs' fees. 8. For
the repeal of the Act for customs. 9. Port for duties and masters
of ships ; and, 10. Concerning the killing of wild cattle. Together
9 pp. [Col. Entry Bk., No. 53, pp. 36-45.]
April 29. 73. Minutes of the Council for Foreign Plantations. Report of
Inner Court of Messrs. Howe and Noell touching their interview with the Corn-
Wards, missioners and Officers of the Navy who have undertaken to pro-
vide 2,000?. worth of commodities on his Majesty's account to be
sent to Jamaica. The letter 'brought in by Mr. Povey to be sent to
New England to be directed to the Governor and Council of the
Colony in the Bay of the Matsatuchetts (sic), to be communicated to
the other Colonies or Governments in New England in subjection
to his Majesty. Mr. Froude to deliver said letter to the Secretary
of State, as likewise the report on certain petitions and complaints
to this Council concerning New England and the petitions and com-
plaints themselves. Petitions of Ferdinando Gorges and De Caseres and
others, referred to them by the King, to be considered on 13th May.
1 p. [Col. Papers, Vol. XIV., No. 59, p. 28.]
April 29. 74. Copy of the preceding, but without the names of the Coun-
cillors present. [Col. Papers, Vol. XV., No. 41.*]
[April 30.] 75. Another copy of the preceding report, though much fuller.
After referring to the complaints and other informations received, the
Council state that they have also informed themselves by sundry
other means of the constitution and alteration of the Government
of New England. They report that the Government of New
AMERICA AND WEST INDIES. 25
1661.
England have in these late times of general disorder strayed into many
enormities, and invaded the rights of their neighbours ; they have
exceeded and transgressed their grants and powers by enacting
laws and exercising an administration of justice repugnant to the
laws of England and imposing unequal restraints in matters of
conscience and divine worship ; their trade is no way managed to
the advantage of his Majesty's crown ; they pretend an exemption
to the payment of customs and importing very little to the balance
of their exportation ; that contrary to the policies and restrictions
heretofore observed they have increased a stock of sheep to nearly
one hundred thousand, whereby not only this nation and the manu-
factures thereof are become less necessary to them, but they are
likely to be so stored with wool that the Dutch, who trade freely
with them, may supply themselves from thence ; lastly, that a
company of citizens here, as trustees, receive money, purchase lands,
and return the effects to a Corporation of New England, but the
Council cannot get any information either from these or from one
Leveret, hitherto employed as an agent for the affairs of New
England, who says his agency has ceased, and he has no instruc-
tions from thence ; by all which it appears that the Government
there have purposely withdrawn all manner of means for their affairs
to be judged or disposed of in England, as if they intended to sus-
pend their absolute obedience to the King's authority ; in the mean-
while hoping that nothing will be done or attempted against them,
while they are yet unheard and in no capacity to make, their
defence. This report concludes like the preceding, with the heads
of a letter they have prepared for New England, as they have done
for the other colonies. 4 pp. Inclose,
I. Petition of divers persons who have been sufferers in
New England to the Council for Foreign Plantations
[see CaL, ante, No. 49].
ii. Petition of Lyonell Copley, Thomas Foley, and others
to the Council for Foreign Plantations [see CaL, ante,
No. 50].
IIL, iv. Petition of Archibald Henderson to the Council
for Foreign Plantations. With state of the injurious
usages, [see Cal. ante, No. 51].
v. Petition of Gyles Sylvester to the Council for Foreign
Plantations [see ante, No. 52].
vi. Information of Edward Godfrey, sometime Governor
of the Province of Maine [see ante, No. 33].
vii. Capt. Thos. Breedon to the Council for Foreign Plan-
tations [see ante, No. 45]. Together 5 pp. [Col. Papers,
Vol. XV., Nos. 42, 42 I., II., III., IV.].
1661 ? 76. Proposals by John Giffard. Through 20 years' knowledge of
New England has gained the discovery and knowledge of mines
there, not only of silver, copper, iron, &c., but also of precious stones,
of which he gives an account. Indorsed by Sec. Nicholas, " Mr.
Giffard concerning America." 2 pp. [Col. Papers, Vol. XV.,
No. 43.]
26 COLONIAL PAPERS.
1661 ?
77. Calculation by John Giffard of the expense of working a
copper mine in New England. 2 pp. [Col. Papers, Vol. XV.,
No. 44.]
1661 ? 78. [John Giffard ?] to [Sec. Nicholas]. Towards effecting this
discovery [see previous article] presents for consideration the pro-
ceedings in 1638 that were taken against the Massachusetts Bay
patent, and the proofs showing how it had been violated ; they have
acted repugnant to the laws of England ; they have allowed the
King's coin to be bought and melted down in Boston to be new
coined there, by which means they gain threepence in every
shilling, and lessen his Majesty's coin a full fourth. These mines
have never been looked after. Through the motion of Parson Hugh
Peters, England contributed 9001. per annum to Christianise the
Indians in New England, which money found its way into private
men's purses, and was a cheat of Hugh Peters. If the King will
allow 600Z. thereof, and let the other 300. go towards the first use, it
will in a short time produce effect in this discovery. Indorsed
by Sec. Nicholas, "Concerning Massachusetts Bay in New Eng-
land, and Hugh Peters' cheats." 3 pp. [Col. Papers, Vol. XV.,
No. 45.]
79. Petition of Capt. Arch. Henderson to the King. Has made
many voyages to the West Indies and is well acquainted with the
designs of such persons as have appropriated large sums of forfeited
money, ships, and goods belonging to the King ; prays for a Com-
mission to the persons named in the annexed Schedule to " carry on
this business to yo r Ma tes great advantage." Annexed,
i. Names of the twenty-four persons to be inserted in the
Commission above petitioned for. 2 pp. [Col. Papers,
Vol. XV., Nos. 46, 46 L]
[1661 80. Report of [the Council for Foreign Plantations] to the King.
April.] Have received divers complaints, petitions, and other informations
concerning New England, which they offer to the consideration of the
King and Privy Council, conceiving themselves to be in no capacity to
give any judgment therein, having heard but one side. Recite the
petitions of John Gifford and others, Lyonell Copley and others, Archi-
bald Henderson, Gyles Sylvester [see ante, Nos. 50-52]. Complaints
from Edward Godfrey, Robert Mason, and others, that the Massachu-
setts have unlawfully invaded the Provinces of Maine and Hantshere
[? New Hampshire]. Captain Breedon's narrative [see No. 45]. They
have considered the general state of things in New England, and
have made ready a letter with all possible tenderness, avoiding all
matters which might set the people at a greater distance or stir them
to any fears or distrust that it is not safe for them to submit cheer-
fully and wholly to the King's authority and protection, taking
no notice of their adherence to Goffe and Whalley, nor pressing
upon them the Act of Navigation. The Council humbly remit
all these matters to the further resolutions of the King and Privy
Council, but think their letter should be sent speedily tc prepare
AMERICA AND WEST INDIES.
27
1661.
May 6.
the people to such a compliance as must be necessary, as they are
an English Colony, which ought not and cannot subsist but by a
submission to and protection from his Majesty's Crown and Govern-
ment. Recommend, in case upon further intelligence, the Colony
shall not appear to be settled in their due obedience, the employ-
ment of Capt. Breedon, who hath a good estate and interest there,
and seems to be a person prudent and fit for such a service. The
letter prepared for New England, Capt. Breedon's narrative, and the
several petitions are ordered to be presented with this report to his
Majesty. 2 pp. Draft not signed. On the back of this report are
memoranda in pencil by Sec. Sir Edward Nicholas.
That a patent be prepared for Lord Willoughby to be Governor
of Barbadoes and the Caribbee Islands for seven years, to execute
the charge at his own cost and have half of all the profits, the other
half to go for payment of Earl Carlisle's creditors. Lord Willoughby
owner of Surinam ; if Governor of Barbadoes he might draw all
planters from that island to Surinam and thus in time destroy
Jamaica. It would be best for him to be Gov. of Surinam only.
Liberty of conscience there. If he may be Count Palatine of Suri-
nam. [Col. Papers, Vol. XV., No. 47.]
81. Governor Endecott's instructions to Thos. Kirke and Thos.
Kellond, sent to the Governor of Connecticut and Deputy Governor
of New Haven jurisdiction, or to the Chief Magistrates there. To
deliver the several letters to John Winthrop, Governor of Connec-
ticut, and Wm. Leete, Deputy Governor of New Haven jurisdiction,
with enclosed copies of letter from the King to the Governor of
New England, brought by Mr. Foster. To declare that the Go-
vernor and Council of the Massachusetts jurisdiction met in March
last, before the King's pleasure was otherwise known than by Pro-
clamation, and issued their warrants for apprehending Edward
Whalley and William Goffe, that so they might testify to the world
how much they abhorred to entertain or conceal such persons,
declared to stand convicted of having a hand in the execrable
murder of the late King. To desire them to have thorough search
made for Whalley and Goffe, and if found to bring them into the
Massachusetts jurisdiction, impressing sufficient men well accoutred
and horse to enable him to do so. To make diligent inquiry
what Whalley and Goffe have been doing, and where they have
been, so that the King may have a true account thereof. To give
bills for their expenses, which will be discharged by the Treasurer.
All military commanders, constables, and other officers and inha-
bitants, are to be aiding and assisting them, as they will answer the
contrary at their uttermost peril. In case Whalley and Goffe be
gone into the Dutch jurisdiction, they are to deliver the letter and
inclosure to the Governor there, and request he will deliver them
up. Annexed,
Governor Endecott to the Governor of Connecticut, the
Deputy Governor of New Haven, and the Governor of Ply-
mouth. That he has received a letter from the King, dated
28 COLONIAL PAPERS.
1661.
5 March 1661, requiring diligent search for the apprehending
of Colonels Edward Whalley and William Goffe, copies of which
he incloses, being of equal concernment to them as to himself,
as the gentlemen guilty of so execrable, a murder have some
while since departed this jurisdiction. Doubts not they will
faithfully discharge their duty to the King as is desired. On
same sheet,
Governor Endecott to Peter Stuyvesant, Governor of New
Netherlands. In case Colonels Whalley and Goffe be come
into his parts, as he understands they are, having fled from
the justice of the English . nation, he is desired to deliver
them up to the bearers. Boston, 1661, May 7. Certified copy
by Edward Rawson, Secretary. Printed in New York Docu-
ments, III., 41. N.B. The Minute of Council and the warrant
annexed to No. 82, are here pasted to the back of Governor
Endecott's two preceding letters. 2 papers. [Col. Papers,
Vol. XV., Nos. 48, 49.]
May 6. 82. Another copy of Governor Endecott's instructions to Kirke
and Kellond, with the two letters annexed as above. Also,
Minute of the Council of New England, directing the Secretary
to issue a warrant to Edward Michelson to make diligent search for
the apprehending of Whalley and Goffe. Boston, 1661, March 8.
Warrant to Edward Michelson, Marshal-General, or his deputies
above mentioned. Boston, 1661, March 8.
Certified copies by Edward Rawson, Sec. Indorsed, Boston.
Frem the Government there to Mr. Sec. Morrice, about Goffe and
Whalley, the regicides, and what industries were used to find them
out. [Col Papers, Vol. XV., Nos. 50, 51.]
May 7. 83. Minutes of a Committee [for Foreign Plantations] concerning
Barbadoes. The inhabitants will give no less to the King than
they did formerly to the Earl of Carlisle. Cotton and tobacco were
formerly the commodities of those parts, now sugar is the chief
commodity. The Earl of Carlisle's patent of small validity, but
the King will take order that that patent shall not prejudice his
Lordship. Four per cent, has been offered by some, but Lord
Willoughby will use the best means to increase the King's revenue. St.
Christopher's, half English and half French. Antigua is 300 square
miles, St. Christopher's, Montserrat, and the Caribbee Islands, 1,500
square miles in extent. Col. Watts is Governor of St. Christopher's ;
Col. Osborne of Montserrat. Surinam is 350 leagues from Barbadoes.
It yields as good sugar as Barbadoes. Lord Willoughby has
expended at Surinam nearly twenty thousand pounds. The King's
interest in Surinam extends to the Orinoco ; the whole tract of
land is about 350 square leagues with 1,000 inhabitants. Lord
Willoughby desires 30 leagues for himself and his heirs, but the
Committee think it too much for one man. "Let Lord Willoughby
go Governor of Barbadoes, and after a while when he is weary
there then go to Surinam." The Attorney-General to prepare a
patent for Lord Willoughby to be Governor of Barbadoes, and
Commissioners to be appointed to be sent with him to settle the
AMERICA AND WEST INDIES. 29
1661.
Government there. In Sir Edw. Nicholas' hand. 2 pp. [Col.
Papers, Vol. XV., No. 52.]
May 9-10. 84. Minutes of the Council of Barbadoes. That the Assembly join
Barbadoes. with the President and Council in a public address to the King and to
the Lords of -the Council, or Commissioners for Foreign Plantations,
that no person may be received to act on behalf of the inhabitants.
The Assembly desire that their further answer concerning the two
and four per cent, may be suspended, until further order for their
settlement arrive from England.
May 10. The two Committees appointed to expunge from the Statute,
Council, and Assembly Books anything found derogatory to the
King's authority, being found inconvenient, a Committee of four
from the Assembly with Col. Dan. Searle and Wm. Kirton added
from the Council are now appointed.
May ? Answers to be sent to the several clauses of the letter from the
Council for Foreign Plantations to Lord Willoughby. There are
two regiments of horse and four of foot militia, the officers serving
at their own charge and the men like the trained bands in England ;
the forts and guns are maintained at the public charge, the public
charges are defrayed by a tax on imported liquors, supplemented
when necessary by a levy. The Government consists of a Governor,
Council, and Assembly consisting of two burgesses from each parish ;
the island is divided into five precincts, each with four judges, who
decide everything according to the laws of England, supplemented
by some special ones concerning slaves, servants, &c. ; the lands are
held in free soccage. The colonels are to make a return to the
President as speedily as possible of the blacks and whites, freemen
and servants, in their divisions, and the churchwardens of the free-
holders in their parishes. If supplied with 3,000 servants yearly,
Jamaica and other Colonies can be furnished with freemen. Sugar
is the principal commodity, some parts afford cotton, the country is
too barren for indigo, and ginger (at the present price) is not worth
planting. The Secretary is to furnish a list of ships arrived last
year, and whither bound. Will prosecute the late Act of Navigation,
but beg thaHhe King's ships may not carry off ships lying in their
ports to the Admiralty Court in England, but have them tried
before the courts of record here. Will always give their best
assistance for promoting the Colony of 'Jamaica, and use their
utmost endeavour to suppress all lewdness and debauchery. There
are 11 parishes, for one of which there is no minister to be had, and
others are supplied with unordained ministers, but if the Archbishop
of Canterbury will send them some able religious ministers,
12,000 Ib. of sugar yearly will readily be contributed, besides other
conveniences. All in peace and quiet. Desire a common seal for the
island, or else that the hands and seals of the Governor and two of
the Council may be good in any law court in England. [Col.
Entry Bk., Vol. XL, pp. 44-52.]
May 11. 85. Petition of the President, Council, and Assembly of Barbadoes
to His Majesty's Commissioners for Foreign Plantations. That sugar,
30 COLONIAL PAPERS.
1661.
the chief and almost the only manufacture by which the inhabitants
subsist, is grown to so inconsiderable a value that many must quit
the island unless his Majesty and the Parliament of England grant
their desires for increasing the value of that commodity. That
they may have liberty to transport their produce in English
bottoms to any port in amity with his Majesty, giving security to
pay the lawful customs. To advance the value of foreign money,
and re-coin it, as well as bullion, to any value they think fit ; and
that no applications or addresses from private individuals may be
received. With reasons for granting the same. 1. If all the com-
modities of the island be by the new Act (of Trade) forced into one
market, the result will be a glut, and a still further fall in the value of
sugar. 2. The prices of servants, negroes, cattle, horses, and dry
goods, being double what they were, must ruin the planters. And
3. The trade with foreign parts in English ships cannot prevent the
increase of his Majesty's shipping and navigation ; and all countries
having by experiment found that a control of the currency is the
only true measure and encouragement of trade. Signed by Hump.
Walrond, President of the Council, and John Burch, Speaker of the
Assembly. 2 pp. [Col. Entry Bh, Vol. XL, p. 45-47.]
May 13. 86. Minutes of the Council for Foreign Plantations. The letter en-
Inner Court of grossed for New England, also the report on certain petitions and
Wards. complaints delivered to Sec. Sir Edwd. Nicholas on 30th April.
B. de Caseres and others to bring in the letter from the King
of Denmark with their petition [See No. 65], when the Council
will report thereon. Committee appointed to consider Ferdi-
nando Gorges' petition and the several patents concerning the Pro-
vince of Maine, to receive examinations and testimonies concern-
ing the several rights thereto belonging, and report on same. 1 p.
[Col. Papers, Vol. XIV., No. 59, p. 29.]
May 17. 87- Minutes by Sec. Sir Edw. Nicholas of business to be transacted
at the Council Board. The letter prepared by the Council of Plan-
tations to be sent to New England, being read at the Council Board,
but not thought fit to be sent now, nor at all by the Council of
Plantations. A Committee of the Council Board to consider of a
proclamation of pardon ; two ships to be sent thither, and to let the
people know the King takes them into his protection ; some person
to be sent with authority to demand Whalley and Goffe. Warrant
for the Duke of York to be Admiral. 1 p. [Col. Papers, Vol. XV.,
No. 53.]
May 17 88. Order of the King in Council. Appointing the Lord Chan-
Whitehall, cellor, Lord Treasurer, Lord Privy Seal, Duke of Albemarle, Duke of
Ormond, the Lord Chamberlain, Earl of Anglesea, Viscount Saye and
Sele, Lord Hollis, Lord Cornwallis, Sir Edw. Nicholas, and Sir
Wm. Morrice, Secretaries of State, a Committee touching the settle-
ment of the Government of New England ; to meet at Worcester
House on Tuesday next, for the purpose of framing letters, procla-
mations, or orders for the King's signature, and from time to time
as they shall appoint. Directions to the Attorney-General to insert
AMERICA AND WEST INDIES.
31
1661.
in the charter for [Propagation of the Gospel in] New England,
which he has been instructed to prepare, the following names, which
were this day approved at the Board, viz. :
To be added :
Lord Chancellor.
Lord Treasurer.
Lord Privy Seal.
Duke of Albemarle.
Lord Steward.
Lord Chamberlain.
Earl of Anglesea.
Lord Vise. Saye and Sele.
Members of the Corporation of
New England now in being :
Alderman Francis Warner.
Erasmus Smith, Esq.
Henry Ashurst, Treasurer.
Richard Hutchinson.
Joshua Woolnough.
George Clarke.
Thomas Speed.
Thomas Bell.
John Rolfe, Gentn.
Names of New Members.
Robt. Boyle, Esq.
Sir Wm. Thompson,
Sir Wm. Bateman,
Sir Anty. Bateman, >Knts.
Sir Theop. Bydolfe,
Sir Lawr. Bromfield,_
Alderman Tempest Milner.
Alderman William Love.
Alderman William Peake.
Tho. Foley, Esq.
Dr. Thomas Cox.
Dr. John Micklethwait.
Dr. Trench.
Dr. Charles Doyley.
See Patent dated 7 Feb. 1662,
Vol. LX., pp. 1-3.]
Deputy Tho. Staynes.
Deputy John Juryan.
Deputy Wm. Antrobus.
John Bathurst.
Harman Sheafe.
Thomas Gillibrand.
James Hayes.
John Benbow.
Lawrence Brinsley.
Barnabas Meares.
John Acrod.
John Dockett, Gent.
Edw. Biscowen, Mercht.
Martin Noell, Gent.
No. 223. 3 pp. [Col. Entry Bk.,
[May 17.] 89. Representation to the King of " the sufferings of our friends
in New England, and also the request and desire of the exiled for
thee to consider of with all speed." Eighteen instances of whipping,
imprisonment, fining, &c. are described in separate paragraphs. One
is signed by N. N. IJpshall, an inhabitant of Boston, who for speak-
ing against cruelties to Friends was banished from his wife and
children, and hath been prisoner a whole year because he returned :
another is signed by Sam. Shattock, an inhabitant of Salem, who
had half his house and land sold while in prison, and was afterwards
banished on pain of death. They desire that they may not in future
be abused, and that they who are exiled and the rest of their friends
may quietly enjoy their habitations, whose principle is to do violence
to no man. Signed by Thos. Coveny, Th. Moore, Giles Sylvester
and Ellis Hookes. There is a further request signed by Samuel
Shattock, Nicholas Phelps, and Josiah Shatwick, that having been
banished on pain of death from their families two years, only for
conscience sake, and shipmasters being prohibited from taking over
any called Quakers upon penalty of 100., something may be done
to secure the shipmaster from damage, and they may return, there
32 COLONIAL PAPERS.
1661.
being two ships ready to sail for Boston ; this opportunity lost it
may be next year before another occurs. They all desire that
their grievances may be referred to the Council for Plantations
and something be done. With minute that the King in Council
was pleased to order that the petitioners' desires should be referred
to the Council for Foreign Plantations. Whitehall, 1661, May 17.
2 pp. [Col. Papers, Vol. XV., No. 31, pp. 9-11.]
9O. A compendious representation of several cruel and inhuman
sufferings inflicted upon the people of God called Quakers under
sentence of the magistrates of New England in that country, upon
the account of four Acts passed at Boston the 14th Oct. 1656, 14th Oct.
1657, 20th May 1658, and 20th Oct. 1658. Upon account of the first
Act 28 persons were cruelly whipt, "only for coming into that
Government " ; on the second three had their ears cut by the hang-
man in prison, " contrary to the law of God or man," and one woman
was whipped aged about 60 years ; on the third law several were
imprisoned and fined great sums of money for peaceably meeting
together to worship God ; and on the fourth law 22 were banished
upon pain of death because they were called Quakers, four of these
were put to death. Several appeals were made to England by the
persons persecuted, which the Governor and magistrates denied,
" who would not own that England anything to do with them.'
It has also been ordered that they that had not to pay the fines for
not coming to their worship shall be sold for bondmen and bond-
women. Indorsed, " R[eceived] 6 Sep bris 1661, Jo. Pewts. Papers
concerning the laws in New England touching Quakers." 3 pp.
[Col. Papers, Vol. XV., No. 54.]
May 17-20. 91. Minutes of the Council for Foreign Plantations. Mr. Pym,
Inner Court of gi r John Colleton, and Mr. Kendall, with others, appointed a corn-
Wards. m ittee on Gorges' petition, not having time sufficient, adjourned till
Monday next.
May 20. Report of Mr. Froude that he had attended the Prin-
cipal Secretary of State with the letter and report for New England,
who gave answer that the letter for New England being a matter
of State, the Lords of the Privy Council would take it into consider-
ation, and to that purpose a committee of their Lordships was
appointed for the management thereof. Petition of B. de Caseres
referred for consideration, as also further proceedings on Gorges'
petition. Representation of the Quakers of their sufferings in New
England, referred to this Council by the Privy Council, being read,
Messrs. Boyle, Povey, and Diggs are appointed a committee to con-
sider thereof and draw up a paper to be presented to the King.
[Col, Papers, Vol. XIV., No. 59, p. 30.]
May 22. 92. Order of a General Court of election held at Boston. Being
Boston. desirous to try all means, with as much lenity as may consist with
their safety, to prevent the intrusion of Quakers, " who, besides their
absurd and blasphemous doctrines, do like rogues and vagabonds
come in upon us," and have not been restrained by the laws already
provided, It is ordered that every such vagabond Quaker found
AMERICA AND WEST INDIES.
33
1661.
May 22.
Boston.
1661?
27.]
May 29.
Boston.
within any part of this jurisdiction shall be apprehended, taken
before a magistrate, and being adjudged a wandering Quaker, viz.,
one that hath not any dwelling or orderly allowance as an inhabitant
of this jurisdiction, and not giving civil respect by the usual gestures
thereof, or by any other way or means manifesting himself to be a
Quaker, shall be stripped naked from the middle upwards, tied to
cart's tail, and whipped through the town, and from thence imme-
diately conveyed beyond our jurisdiction as the warrant shall direct,
and in case of returning again to be subject to such further punish-
ment as this order sets forth. [Col. Papers., Vol XV., No. 55.]
93. Order of the General Court at Boston. That Wendlocke
Christopherson and all the Quakers now in prison be forthwith
acquainted with the new law made against them, that they be
released from prison, and sent from constable to constable out of this
jurisdiction. Judah Browne and Peter Peirson for their contempt
in court to be tied to the cart's tail by the executioner and whipped
through Boston with twenty stripes apiece and then sent with the
rest. If any be found after twelve hours within this jurisdiction
they are to be proceeded with according to law. Certified copy by
Edward Rawson, Secretary. On same sheet,
Order of the General Court at Boston concerning Quakers,
dated 27 Nov. 1661. See No. 192, i. [Col. Papers, Vol. XV.,
No. 56.]
94. Petition of Edward Bradbourne, the elder, to the King.
Sets forth his services and losses in the royal cause from the first
beginning of the late troubles to the value of 30,000?. ; that Thos.
Noell who is in possession of the office of Secretary in Barbadoes is
willing to surrender his grant which his Majesty upon a petition
delivered by Lord Culpeper promised to the petitioner ; prays for a
confirmation of the office to John Dawes, one of the gentlemen of the
Privy Chamber, for his life, in trust to the use of the petitioner and
his assigns, to be executed by Edw. Bradbourne the younger, who is
on the place, or any other deputy whom Dawes may appoint. 1 p.
[Col. Papers, Vol. XV., No. 57.]
95. Petition of the President, Council, and Assembly of Barbadoes
to the King. They have read two Letters Patent under the Great
Seal creating John Dawes Principal Secretary, and Fras. Cradock,
Provost-Marshall of the island ; they had always been accustomed
to appoint their Secretary until the " usurping tyrant " invaded
their privileges, and as the Secretary is Keeper of the Records
of all grants touching their lands, it is very important that they
should have authority to bind him to tfce faithful discharge of his
office. Pray the recal of the King's Letters Patent, and permission
to dispose of said places with consent of the Governor. Indorsed by
Sec. Nicholas, "Received 27 May 1661." 1 p. [Col. Papers, Vol.
XV., No. 58.]
96. Thos. Kellond and Thos. Kirke to Governor Endecott. They
left Boston on 7th May, arrived at Hartford the 10th and gave
Gov. Winthrop his letter and the King's order for apprehending
M 605. i
34 COLONIAL PAPERS.
3661.
Colonels Whalley and Goffe, who said they did not stay there but
went directly for New Haven, one Symon Lodell guiding them ;
the Gov. carried himself very nobly to them and promised all
diligent search should be made after them, which was afterwards
performed. Arrived at Guilford llth May; the Deputy Gov.
William Leete said he had not seen the two Colonels in nine weeks.
Information from Dennis Scrauton that Whalley and Goffe were
harboured in the house of one Davenport, a minister in New Haven ;
that one Goodman, Bishop of the town of Guilford, was able to give
the like account, and that Deputy Leete knew as much. Account
of the delays they met with, and their supposition that Leete was
unwilling to assist in the apprehension of Whalley and Goffe, but
wished to give them time to escape, " he wished he had been a
ploughman and had never been in the office, since he found it so
weighty." They afterwards went according to their instructions
to the Governor of the Manhattas, from whom they received civil
respects and promises of assistance, but said he could not answer
to Gov. Endecott's request before sending to his masters at home,
but would give him timely notice if Whalley and Goffe came there.
With affidavits dated 30th May and 4th June, signed by Edward
Kawson, Secretary, that Kellond and Kirke delivered this paper
to Gov. Endecott as a true report of their proceedings; and of
Samuel Martyn of Weathersfield, Connecticut, employed by Gov.
Winthrop to wait on Kellond and Kirke. 2 pp. [Col. Papers,
Vol. XV., No. 59.]
May 31. 97. Order of the Privy Council on report of the Council for
Whitehall. Foreign Plantations of 24th instant, touching a paper delivered to
the King by sundry persons called Quakers, read at the Board 17th
instant. Referring the representation of the sufferings of their friends
in New England, and their request and desire, together with said
report of the Council for Foreign Plantations to the Committee for
New England for their report. 1 p. [Col. Entry Bk., No. 60, p. 4.]
May 31. 98. Petition of Henry Earl of Sterling to the King. That King
James, by Letters Patent of 3rd November 1620, granted all that
continent of America, between 40 and 48 degrees of N. latitude,
called New England, to the Dukes of Lenox and Buckingham, and
others, persons of honour and worth, and incorporated them by the
name of the Council for the affairs of New England. That said
Council by their deed of 22nd April 1635, granted to petitioner's
grandfather, Wm. Earl of Sterling, an island called Long Island,
which petitioner's grandfather, father, and himself have respectively
enjoyed and at great cost planted, but of late divers Dutch have
intruded on several parts thereof, to the King's disherison and
petitioner's prejudice. Prays for a confirmation of his said
inheritance, and that in any future treaty with the Dutch, they
submit themselves to the King's Government or depart those parts.
With reference to the Council of Plantations, who are directed to
certify what is fit to be done for the petitioner's satisfaction in
order to the good of his Majesty's service in that island. Whitehall,
1661, May 31. Printed in New York Documents, III, 42, 43. 1 p.
[Col Papers, Vol. XV., No. 31,^. 11.]
AMERICA AND WEST INDIES. 35
1661.
May ? 99. Petition of Thos. Chiffinch, Capt. John Browne, and Thos.
Rosse, to the King. For the office of receiver of his Majesty's rights,
dues, and customs for the Caribbee Islands, as formerly executed for
Barbadoes by Capt. James Browne, uncle of one of the petitioners.
1 p. [Col Papers, Vol. XV., No. 60.]
May. 100, Grant to John Browne, Thomas Rosse, and Thomas Chiffinch,
of the office of Receiver General of the customs, excise, rights, and
duties in the Caribbee Islands during pleasure. [Dora, Chas. II.,
Docquet, p. 112.]
June 3. 101. Minutes of the Council for Foreign Plantations. Petition of
Inner Court Barker and a paper of reasons annexed, also another paper of
of Wards, proposals formerly presented by Col. Tuke being debated, a Com-
mittee is appointed to consider of the best ways of encouraging and
furnishing people for the Plantations, and how felons condemned to
death for small offences and single persons, men and women, found
to be sturdy beggars, may be disposed of for that use, and to consider
of an office of registry for same, and for the preventing of stealing
: of men, women, or children from their masters and parents ; and
that the justices of the peace may be empowered at the general
sessions or assizes to dispose of loose and disorderly people for the
supply of the Foreign Plantations. Petition of the Earl of Sterling
touching part of New England and Long Island referred by the
King is read, and the Earl of Sterling ordered to attend on Monday
next to make good his petition, f p. [Col. Papers, Vol. XIV.,
No. 59, pp. 30, 31.]
June 5. 102. Petition of the General Court of New Plymouth to the King.
They present themselves and their address in all humility for the
King's gracious protection, and the confirmation of their religious
and civil liberties and privileges conferred by patent by his Royal
grandfather (who well knew the ends his servants aimed at in their
transplantation), and since further enlarged by his most illustrious
father to them the first colony of his Majesty's subjects in New
England, " who did hither transport ourselves to serve our God with
a pure conscience, according to His will revealed, not a three days
journey as Moses, but near three thousand miles into a vast howling
wilderness, inhabited only by barbarians," yet part of the King's
dominion, which they chose rather than live under a foreign state,
where yet they had liberty of conscience. They willingly over-
looked all difficulties and discouragements, and through many hard-
ships have lost many of their dearest relations, the living scarcely
able to bury their dead, yet not without hopes that God might
make them stepping stones for others more fit for such a work. In
forty years they have made a wild wilderness a peaceable habita-
tion, a barren in some measure fruitful, a desert sowed with the
seed of man and beast, and all this in peace with the enjoyment
of gospel liberties, which enjoyment "is our penny at first pro-
pounded, more than this we crave not with like solicitousness. This
will content us without murmuring, though we have borne the heat
of the day ; less than this we cannot with comfort live upon," which
c 2
36
COLONIAL PAPERS.
June 11.
Inner Court
of Wards.
June 14.
1661.
if his Majesty confirm as his Royal pregenitors have, " we say with
him it is enough our Joseph (or rather) our Charles is yet alive."
Original signed by Thos. Prence, Governor, in the name and with
the consent of the General Court. Indorsed, Received in Council
6th March 1661-2. [Col Papers, Vol. XV., No. 61.]
103. Minutes of the Council for Foreign Plantations. Every mem-
ber of this Council is desired to bring in the best information he can
of the condition of Jamaica, on Monday next, and to request any
persons they may know lately come from thence to be then present.
[Col Papers, Vol. XIV., No. 59, p. 31].
[June 14.] 104. Petition of 17 poor widows and soldiers' wives to the King
and Council. By the death and absence of their husbands in
Jamaica, petitioners and their children have been reduced to a most
deplorable condition, having never received any pension or other
relief, though they have been long and earnest suitors, to their
great charge and expense. Pray to be partakers of such relief as is
intended to poor widows and others at the Savoy, or some other
relief. Indorsed, Received June 14, Read June 26, 1661. 1 p.
[Col Papers, Vol. XV., No. 62.]
105. Richd. Whiting, captain of the Diamond, to the Navy Com-
missioners. Has arrived safely at Jamaica, where he anchored the
29th of May, expecting daily orders from the Governor here ; all
in good condition in the ship ; not one of the company hath been
lost. Will not fail from time to time to advertise their Honours
of his proceedings in these parts whensoever opportunity shall be
offered. [Dom. Chas. II., Vol. XXXVIL, No. 53, Gal, p. 8.]
106. Narrative of the buying and forfeiture of a shipload of ne-
groes. On June 14, 1661, Col. D'Oyley, then Governor of Jamaica,
received into the harbour of Cagway a Dutch ship laden with 180
negroes ; and being desirous to make a profit for himself out of them,
called the Council and urged them to vote a trade with the Dutchman,
though contrary to the Act of Parliament, saying that the negroes
were much needed, and that the only penalty was his loss of office,
which he had virtually lost already ; but, grateful for his Majesty's
favour, the Council refused to infringe the Act, which so enraged
the Governor that he told the Council they refused because they
themselves were poor and could not buy, but, however, he would
forthwith buy them all, which he did within two or three hours.
Whiting, commander of his Majesty's frigate Diamond, seized said
ship ; but the Governor made " rescue and retrivall," and sold 40 of
the negroes to Major John Coape, a Quaker and ancient rebel, and
the rest, at great price, to a Spanish ship, to which he also gave a
safe-conduct For this the Council called him in question, and
desired to know by what power or reason of state he had acted, to
which he replied that he brooked not such interrogatories, that he
could not forget he had been a General, though it was for the rebels,
that Captain Whiting's commission was not in force where Governor
D'Oyley commanded, and that he was not accountable to the
Council, but would answer to his Majesty at home. 2 p. [Col.
Papers, Vol. XV., No. 63.]
June 14.
Jamaica.
AMERICA AND WEST INDIES.
37
1661.
June 17.
June 18.
[Jamaica].
107. Minutes of the Council for Foreign Plantations. Report to be
presented to the King that it is the humble opinion of this Council
that the soldiers in Jamaica, reserving 200 men in pay, forthwith
become planters, each private soldier to have an allotment of 50
acres, and an increase to officers, a colonel to have 500 acres ; also
30 acres to be allotted to each man's wife or servant above the age
of 14. Such soldier planters to reserve their arms; Jamaica to be
exempted for seven years from paying custom on any commodity
except sugar, tobacco, cotton, and indigo. Also, as a further en-
couragement, that all born, or to be born, of English parents, and
their children in any of the Foreign Plantations, to be declared by
Act of Parliament to be naturalised to all intents and purposes
whatsoever. Petitions of Lord Sterling, B. de Caseres, and others,
also the representation of the Quakers to be considered on Monday
next. 1 p. [Col. Papers, Vol. XIV., No. 59, pp. 31, 32.]
108. Orders of the Governor and Council of Jamaica. Present :
Edward D'Oyley, Governor and President ; Colonels Samuel Barry,
Philip Ward, and Richard Wilbraham ; Lieut.-Col. Henry Archbold ;
Majors Thomas Fairfax and John Coape ; Secretary Richard Povey ;
and Captains William Valet, Thomas Ballard, Cornelius Burroughs,
John Harrington, and Humphrey Groves. That there be two courts
of judicature, one to be held at Port Morant, and the other at Point
Cagua, and another at St. Jago de la Vega. Times of meeting.
Each man of the Council to be a justice of the peace, who shall
choose three or more constables. All hunters to be called in within
one month, and no one permitted to hunt, or kill cattle, or keep a
gang of dogs, unless he have ten acres of land planted, and has a
license. No person to kill wild horses or any wild cattle. That no
brandy be sold or bought before the King's brandy is disposed of,
and that sugar shall pass at 25s. per cwt., cocoa at 4<d. per lb., and
tobacco at 4d per lb. That merchants shall not sell a less quantity
of brandy than 10 gallons, of Spanish wine than a cask, or of
French wine than a hogshead on penalty of forfeiture to the in-
former. The impost for wine to be 21. per pipe, brandy Qd. per gall.,
beer II. per tun, and other cargoes Is. per ton. No one shall penn
horses without licence. Major Hope to be a justice of peace in his
quarter. No hired servant shall leave his service without a fort-
night's notice. That Mr. Coveney be referred to Major Coape and
his officers, to provide a maintenance for him. That Gapt. Burroughs
and Mr. Povey see what can be raised on the Point for Mr. John's,
and report thereon. That every officer coming to the Point repair.
to the General, to know when the Council sits, which shall be once
a fortnight. Every justice of peace on |the Point to send word to
the Governor who he thinks fit to be licensed to sell drink. Ensign
Hodskins to be surveyor and sealer of merchants' commodities and
allowed 2 per cent, for the same. That the inferior officers of Guina-
boa have sole licence to pen horses on that side of the water, which
are to be sold in " overt market " within a week of their capture, at
not more than 40s. a head. No one to be employed with a boat
or wherry without licence. Col. Wilbraham, Capt. Burroughs, and
38 COLONIAL PAPERS.
1661.
Mr. Povey, to report how a maintenance may be raised for the
Government and other public charges, which they effected as
follows :
600 pipes of wine imported per ann., at 21. - 1,200?.
10,000 gall brandy at Qd. 250?.
100 tuns beer at 1?. 100?.
20 ships (say) at Is. per ton 100?.
1,650?.
To be disposed of as follows, vizt. : 800?. to the Governor, 200?. to a
prison, 200?. to the judges, 80?. for a storehouse and other charges,
150?. to a church and court-house, 150?. for contingencies, and 60?.
for a court-house and prison at Port Morant. That for every special
court the parties concerned shall pay 5?. besides court fees. That
the vote concerning the advance of money be suspended for a month.
And that inferior officers under Major Fairfax have the Cocoa walk
after this crop be in. 5 pp. [Col. Entry Ek., No. 34, pp. 1-5].
June 18. 109. Copy of the preceding orders- of the Governor and Council
of Jamaica. [Col. Entry Bk, No. 37, pp. 1, 2.]
June 18 110. Acts passed in the island of Jamaica, viz. : For Establishing
to end of Courts of Judicature ; for the Regulating and Establishing the
1663. Provost-Marshall's Office and Fees ; for Repairing and Mending the
King's Highways and Bridges ; for the Maintenance of Ministers ;
for the encouragement of the Inhabitants of the Island in Recovering
of their Debts and Buying of Servants ; for the better Regulating
of Boats and Wherries and their respective Employers ; Port Royal
late called Point Cagua ; for Preventing of Idle Livers ; for the
better Regulating the Inhabitants and Hunters in the remote parts
of this Island ; for the Encouraging of the Produce and Manufacture
of this Island ; for the encouragement of Planters, and Prohibitions
to the public Levies of Men and Arms upon Foreign designs ; for
Importing Servants and Passengers into this Island ; for Dividing
the Island into several Parishes and Precincts ; for preventing of
retailing of strong Liquors by all unlicenced Persons ; for Marriages,
Christenings, Churchings, and Burials ; for the confirming divers Acts
of the Governor and Council of this Island, and repealing all other
Acts and Orders ; for the punishing and ordering of Negro slaves ;
for the Regulating and Establishing the Secretary's Office and Fees ;
for preventing neglect and fraud in receiving Customs and Public
Money. An additional Act for the speedy raising a Public Treasury
in this Island ; for the speedy raising of a Public Treasure ; for
issuing money out of the Public Treasury ; to prohibit the transport-
ing of several Commodities out of this Island in a plantable or grow-
ing condition ; for appointing Rates for the Goods of this Island ; for
the raising of a Public Revenue out of all strong Liquors imported
or to be imported into this Island; for the establishment of the
office of Surveyorship in this Island ; and for the settling of the
Militia. 36 pp. [Col Entry Bk, No. 37, fol. 33-50.]
AMERICA AND WEST INDIES. 39
1661.
[June 22.] 111. Statement of the case of Thomas Temple and William
Crowne, and how they became proprietors of Nova Scotia. In 1656,
when the Lord de La Tour was compounding with Cromwell to get
his country of Nova Scotia again, but not being able to pay what
Cromwell required, he requested Temple and Crowne to undertake
it for him, and so by the advice of Sir Orlando Bridgeman, La Tour
by deed conveyed all his right and title in Nova Scotia, with all his
profits and privileges, to said Temple and Crowne and their heirs
and assigns for ever, the consideration to pay 1,800?. to Cromwell's
soldiers, then in La Tour's forts; 3,376?. 18s. to the relict of Major
Gibbons, of New England, for redemption of mortgage on La Tour's
fort of St. John's, the 20th skin of all furs taken within said
country, and the 20th part of the increase of the earth, free from all
charge. Accordingly they took possession and built houses, and to
regain a house taken by the French cost men's lives and 10,000?.
La Tour's title : As a discoverer 55 years since, where he built
his fort upon the river of St. John, and hath continually dwelt.
In 1621 Sir Wm. Alexander obtained a grant of all Nova Scotia to
him, his heirs and assigns for ever, with power to create baronets
to encourage planting, which in 1625 was confirmed by Charles I.
In 1630 Sir Wm., then Lord, Sterling, conveyed part of Nova
Scotia to La Tour and his father, and their heirs and assigns for
ever, with certain privileges under the Great Seal of Scotland, and
both Lord La Tour and his father were made baronets of Nova
Scotia. Lord Sterling two or three years after surrendered Port
Royal to the French, for which the King " gave him the Great Seal
for 10,000?., not yet paid as 'tis said." Port Royal was not within
La Tour's grant from Sterling. The French made war upon La Tour
at Fort St. John ; he mortgages it to Major Gibbons at New Eng-
land, but during his absence his fort was surprised by one Doney
[D'Aulney] of Port Royal, his men were put to the sword, and his
lady was poisoned. La Tour repairs to the King of France for
justice, but on his return to Port Royal finds D'Aulney dead,
and Port Royal and Penobscot were surrendered to La Tour on his
marrying D'Aulney's widow, and he has enjoyed that part ever
since. Major Sedgwick without orders takes La Tour's forts, kills
his men, demolishes his chief fort, plunders him to above 10,000?.
in value, and brings him to Cromwell, who restores La Tour to
his forts and country upon payment of the sums aforesaid. La
Tour for constant adherence to the King of England and being a
Protestant is condemned as a traitor in France, and if taken will
suffer death, and therefore doubts not of receiving protection in
England. Temple and Crowne, the proprietors of Nova Scotia,
present certain proposals to the consideration of their Lordships [the
Committee of Foreign Plantations], that they be reimbursed the
moneys they have paid, or keep the whole trade to themselves,
paying to the King 5 per cent, on all goods carried out of the
country. They implore a suitable strength against the natives, that
they may remain where they have purchased and built in said
country, and have liberty to collect their debts from the Indians,
which are above 1,000?. There are no families considerable upon
40 COLONIAL PAPERS.
1661.
the place but the two proprietors. Indorsed, " Received 22 June
1661." 3 pp. [Col. Papers, Vol. XV., No. 64.]
June. 112. Report of the Committee of Council appointed by the King
to examine the pretensions of such persons as claim interest in Nova
Scotia or L'Acadie. Thos. Elliot, the plaintiff, claims by a warrant
from his Majesty. Thos. Temple and Wm. Crowne, the defendants,
by right of discovery, the King's grant, and many years' possession.
The Committee, having upon the 17th of this present June heard
the several parties, find: That on 10th Sept. 1621 King James
granted Nova Scotia to Sir Wm. Alexander. King Charles con-
tinued this grant 1625. Sir Wm. granted on the 12th April 1630
to De La Tour part of the territories, by the names of two baronies,
St. Estienne and La Tour, on condition they should remain faithful
to the King of Scotland. A deed of 20th Sept. 1656 from La Tour
recites the former grant, and grants to Tho. Temple and Willm.
Crowne all the lands, paying the 20th of all pelts and profits of
the earth ; and of this they have since been possessed. In 1639
Sir Claude and Sir Chas. St. Estienne, father and son, were made
baronets of Nova Scotia for good service. Port Royal and Penobscot
were granted by the French for 30,000. damages about St. John's
Fort, and the French King has condemned La Tour as a traitor.
They yield the Dominion of Nova Scotia to the King, and the power
of sending a Governor, and offer 5 per cent, customs to support the
charge. Quebec they claim not. Mr. Elliott's counsel allege : That
the King was not in possession at the time of his grant, so his grant
is void ; and that Sir Wm. Alexander's grant to La Tour is void, the
French being then in possession; in 1629 the English took all; in
1632 the French were restored, and La Tour was made Governor ;
in 1656 Cromwell having recovered it, passed it to La Tour, Temple,
and Crowne ; La Tour held it against Cromwell for the King of
France ; Sir Wm. Alexander's grant to La Tour is void, because to
an alien. Elliot's counsel desire the government and trade as it was
granted to Temple and Crowne by virtue of the King's warrant.
Reply : The King may grant by the law of nations what he is not
in possession of, and empower to take possession. He that discovers
and yields a country to the King of Scotland is therein equal with a
native of his dominions. To give free trade to strangers would
overthrow the Plantation, but if it be judged of public advantage to
discourage and remove the present planters after so many years'
settlement, they desire that the 5,71 2Z. which they paid to those
before them for damages and purchases of the propriety may be
first paid to them. Indorsed, " Report of the Committee of Council
for Nova Scotia, 17 June 1661." 2 pp. [Col. Papers. Vol. XV.,
No. 65.]
June 17. 113. Copy of the preceding. Indorsed by Joseph Williamson,
Nova Scotia, but without date. [Col Papers, Vol. XV., No. 66.]
June. 114. Another copy of the above signed R[ichard] B[lathwayt].
With a memorandum, That by an agreement between Sir Thos.
Temple and Wm. Crowne, dated 12th September 1657, it is
AMERICA AND WEST INDIES. 41
1661.
provided that Crowne shall possess all lands westward from the
mouth of the River Dumache alias Machias for 100 leagues into
the country, to Muscentus on the confines of New England, and
into the sea 30 leagues with all islands, and particularly the Port of
Pentagouet or Penobscot, and the sole trade with the natives. That
Temple shall have the sole trade on the River Dumache for the 100
leagues mentioned, provided Crowne pay at the due terms five
moose and five beaver skins, as part of the honorarium due to
Cromwell and heirs, and the 20th part of all furs and fruits to Sir
Charles. Signed Stephen La Tour. " Memorandum. The interest
of Maj. Edward Gibbons." Indorsed, The case of Elliot, La
Tour, Crowne, and Temple, abt. Nova Scotia. 3 pp. [Col. Papers,
Vol. XV., No. 67.]
June 22-26. 115. Proclamations of Edward D'Oyley, Governor of Jamaica :
Concerning the sale of a certain proportion of brandy sent by the
King for raising money for the fortifications on Point Cagua ; con-
cerning the duties on wines, spirits, and beer which shall be sealed,
and any counterfeiting the same to stand in the pillory and lose
both ears.
June 25. Regulating the sale of liquors.
June 26. Concerning licenses to wherrymen with the names of
twenty persons so licensed ; appointing Ensign Thomas Hodskins
judge in matters in dispute relating to the sale of sugar, tobacco,
and cocoa ; concerning the hunting or killing of cattle and hogs. See
Orders of the Governor and Council, ante, No. 108. 9 pp. [Col. Entry
Bks., No. 34, pp. 8-16, and No. 37, pp. 3-5.]
June 24. 116. Minutes of the Council for Foreign Plantations. Mr. Bird,
lately come from Jamaica, to go with Mr. Froude to the Secretary of
State to inform him of the condition of the island and that he be
desired to impart nothing of his information to any other. Lord
Sterling's petition again referred for consideration, and Sir William
Glasscock to report upon the title set forth in said petition. Messrs.
Boyle and Povey to report on petition of de Caseres and others to
the Privy Council Mr. Froude to deliver report concerning the
Quakers brought in by Mr. Povey to the Secretary of State. p.
[Col. Papers, Vol. XIV., No. 59, p. 32.]
June 24. 117. Petition of Michael Bland, John Filking, Nicholas Halford,
Thos. Howard, John Paris, and Edmund Huddle, in behalf of the
officers and soldiers returned by order from Jamaica to the King.
Truly supposed to be disaffected, they were in 1654 engaged and sent
by Oliver Cromwell to the West Indies ; after the reducement of
two regiments into one, and their miseries and sufferings continually
increasing, were discharged to return for England, where some have
starved, others are in gaol for debt, and most in like danger ; some
have received a small part of their pay, but it proved rather
prejudicial than advantageous. Considering that Jamaica is annexed
to the Crown, as they understand, and that the officers and soldiers
of Dunkirk have been considered, beseech his Majesty to consider
42 COLONIAL PAPERS.
1661.
their number (being about 340 persons who were established with
the army of England, and their arrears already stated by courts,
upon orders of the Council under the late power), and to order
some course for their satisfaction. This petition was referred to
the Commissioners for the Army and recommended to Parliament.
[Dom., Chas. IL, Vol. XXXVI1L, No. 4, Cal, p. 16.]
June 27. 118. Minutes of the Council for Foreign Plantations. On view
Inner Court o f their former report of 17th inst. resolved that a further report on
of Wards. jg^g^^ fa presented to the King, that every person with land
allotted to him shall have a grant of same from the King rent free
without payment for seven years, after which to pay five per cent,
on all native goods exported, upon penalty of twenty times the
amount. Also that 400 foot and 150 horse soldiers be kept on half
pay for preservation of the island, and that two ships be constantly
plying upon that coast ; that the Archbishop of Canterbury and
the Bishop of London choose five able ministers to be maintained
there at the King's expense for one year, at 100?. each, and the
Governor to settle a competent livelihood for them in time to come.
And that the King issue a Proclamation declaring upon what
encouragements people may plant upon the said island, provided
they be Protestants. Signed by Philip Froude, Secretary. Indorsed,
Read and approved, July 3, 1661. 1 p. [Col. Papers, Vol. XV.,
No. 68.]
June 27. 119. Copy of preceding. [Col. Papers, Vol. XIV., No. 59, p. 33.]
June 29. 120. Warrant to pay Thomas Holder the sum of 901. for the
King's additional adventure in the business of Guinea. [Dom.,
Chas. II., Docquets, Cal., p. 22.]
June. 121. Warrant to pay Thomas Holder, or whom he shall appoint,
the sum of 250?. for his Majesty's adventure in the business of
Guinea. [Dom., Chas. II., Docquets, Cal., p. 25.]
July 1. 122. Minutes of the Council for Foreign Plantations. That it
be declared in the King's Proclamation for the encouragement of
planters upon Jamaica that they shall be governed by the laws of
England. The report and propositions touching supplies of servants,
that is to say, of persons condemned by the law, vagrants, and others
to be sent to the Foreign Plantations referred for consideration. J p.
[Col. Papers, Vol. XIV., No. 59, pp. 33, 34.]
July 2-3. 123. Orders of the Governor and Council of Jamaica. That the
Point Cagua. persons apprehended for mutiny be tried by court-martial. That
all trespass actions committed before May 29 last be utterly remitted,
and that Captain Robert Dey be released from imprisonment.
July 3. That the former orders concerning rum, sugar, and ham-
mocks be still in force, viz., one half to be forfeited to the King, and one
half to the informer. That Major Fairfax, Captain Burroughs and Mr.
Povey report on Lieut. Edgoose's business. That an attempt be made
for trade with the Spaniards on Cuba. That certain Acts of Barbadoes
be in force here, viz., servants under 18 years to be bound for seven
years, and over 18 for five years ; that such as lay violent hands on
AMERICA AND WEST INDIES. 43
1661.
their masters shall serve two years after their time ; and such as
beget a woman-servant with child, shall serve her master three
years. That no ship shall unload until her master hath been with
the Governor ; no person leave the island without his name be up in
the Secretary's office 21 days, all underwritings cleared ; and that
any servant marrying without his master's consent, shall serve four
years after time. That 501. be raised for repairing the storehouses,
to be paid when the pig lead and two copper guns are sold. That
40 licenses to sell drink be granted to the inhabitants of Point Cagua,
10 for the town, four for Passage Fort, three for Lygonee, two for
Yallah, and two for Port Morant. That Quartermaster Hoy have a
barrel of beef and 200 Ibs. of bread for his present relief. That
marriages, deaths, and burials be recorded in the Secretary's office,
and no minister to marry without the Governor's license. The
commander of each regiment to send two persons to assist Mr.
Bispham in surveying the stores, and making a dividend thereof to
the army, iron and guns excepted. That Major Fairfax and Capt.
Burroughs survey and report on the stores, and be satisfied for their
trouble out of the sale of goods. [Col. Entry Bks., No. 34, pp. 5-8,
and No. 37, pp. 2, 3.]
July 3. 124. Proclamations of Edward D'Oyley, Governor of Jamaica,
concerning the duty on the tunnage of shipping trading to the
island, and the transporting persons from off the island, and pro-
hibiting any but the Provost- Marshall from going on board a ship
until the master has been with the Governor, under a penalty of
500 Ibs. of sugar. [Col Entry Bks., No. 34, p. 17, and No. 37,
p. 6.-]
July 3. 125. Orders of the Governor of Jamaica regulating the length of
service of servants at the end of which they shall receive 400 Ibs.
of sugar ; for the punishment of servants assaulting a master or
mistress ; imposing penalties for the seduction of maid servants ;
prohibiting any merchant to trade without security first given, or to
leave the island, or take away any person without a ticket from the
Governor, under a penalty of 500 Ibs. of sugar ; regulating the
transporting of persons wishing to leave the island, names to be first
set up in the Secretary's office twenty-one days ; and concerning the
marrying of servants during the time of their apprenticeships.
3 i PP- \$ol. Entry Bks., No. 34, pp. 17-20, and No. 37, pp.
6,7.]
Fuly 3-4. 126. Propositions of the President and Council [of Barbadoes]
for the consideration of the Assembly, with answers. 1. To consider
the particulars in the letter received from Sir James Drax: the
Assembly conceive that their late petition to the Council for Foreign
Plantations is as much as needful at present to be done. 2. To
take a speedy course for payment to Mr. Hart, to whom 36,000 Ibs.
of sugar is due for the King's Proclamation for General Sessions,
and all other charges at the meeting of the President and Council :
44 COLONIAL PAPERS.
1661.
the Assembly order Henry Hart to deliver his account to the Com-
mittee of the Public Treasury who are ordered to pay what is due.
3. That the Treasurer's account be paid : said Committee ordered to
view said account and pay what is due. 4, 5. That speedy course
be taken for repair of the gaol ; also of the forts and gun-carriages :
as soon as the Assembly see what the country's stock is, care will be
taken to have the prison repaired, in the meantime it is desired that
persons of judgment be appointed to view and report what the
charges for repair of the forts may amount to. Signed by Geo.
Thornburgh, Clerk of the Assembly. To the 6th proposition,
earnestly desiring that an Act may now pass for repealing all Acts
that have been made since the rendition of this island, and for con-
firmation of such new Acts as shall by the President, Council, and
Assembly be thought fit : the Assembly returned no answer.
July 4. Propositions [of the President and Council of Barbadoes]
to the Assembly. Copy of those calendared in the following abstract,
No. 127, ending On this finding no hope of good to be done we
dissolved the Assembly intending to issue out writs suddenly for
the election of a new. Certified copy by Thos. Bartlett, Dep. Sec.
Indorsed, For the Secretary of State. 2 pp. [Col. Papers, Vol.
XV., No. 69.]
July 4. 127. Propositions (of the President and Council of Barbadoes) to
the Assembly : 1. That a petition be sent to the King against the
Act of Trade, so far as concerns sugars, and against the propositions
of 4 per cent., and to pray that they may have their lands as hereto-
fore in free soccage, paying an impost of 2 and 4 per cent. ; (2) that
a handsome present be sent to the King along with said petition ;
and ; (3) that some one be employed, with a competent sum of
money, to negociate their business at Court. Also,
Letter from the President and Council to the Assembly. As
they have already approved of the propositions, it is hoped they will
act further for the good of the country, by abolishing the law of
outcries, against the oppressions of which all the people of the
island cry out ; if they will not do this, the President and Council
cannot pass the Act of Laws presented to them. Fear there is a
faction amongst the Assembly in league with their enemies in
England, and if their consent cannot be obtained, shall be forced,
though with extreme grief, to dissolve an Assembly which has sat
so long, and done nothing for the country. Also,
The answer of the Assembly to the preceding letter. The first
three proposals they thought good, but did not consider the present
time convenient, as they daily expect the King's further commands.
As to the law of outcries, it was agreed on nem. con., and therefore
there could be no faction in it, and was considered necessary for
the honour and credit of the trade of the place. They abhor and
detest the charge of uniting with agitators at home to the prejudice
of the inhabitants ; and shall never be fright from the faithful dis-
charge of their trust by menaces of being dissolved or the refusal
to pass the Act for enforcing those laws made for the good of the
island, and as they have been informed by the Clerk of the Council,
AMERICA AND WEST INDIES.
45
1661.
July 6.
Barbadoes.
July 10.
Barbadoes.
already consented to. Upon which the President and Council dis-
solved the Assembly on 9th July 1661. 3pp. [Col. Entry Bk.,
Vol. XL, p. 53-56.]
128. John Dooke to Lowrie. Has just received his. letter, and
heard of John Foster's arrival. All diligence would be used to
make good the mistakes complained of in his accounts, for which
his wife was to blame, because she had not given him notice of the
goods in her possession. ^ p. [Col. Papers, Vol. XV., No. 1.]
129. The President and Council of Barbadoes to [Sec. Nicholas ?].
They have presumed to present a petition to the King, preferring
their complaint against the unfit behaviour of the Assembly towards
them, which they entrust to Nicholas to communicate to his Majesty
at a seasonable hour. They hold their authority by the King's
mandamus for Lord Willoughby, who appointed Hump. Walrond and
eight others to be his Council, all of whom have signed the petition
except Sir Richard Peers [? Pearce], who is dead, and Col. Henry
Shelley, gone to England. They continue to exercise their autho-
rity, although the King has invested the proprietorship of the island
in himself, being confident that his Majesty would not leave the
people without government, and would have declared his will if he
intended them to " surcease " the administration thereof ; but if his
Majesty order the cessation of their office, they will cheerfully
submit to such authorities as he shall appoint over them. They
fear the condition of the island has been represented to the King
far richer than it is, and that offers have been made to raise taxes
greater than the people can well bear, which would grieve his good
subjects in Barbadoes. The land is much poorer, and makes much
less sugar than heretofore, and much worse ; the people generally
poor and vainglorious, making ostentation of riches which they
have not. All people are so generally indebted to the merchants
that they have but a small portion in their own estates. Sugar is
at so low a rate that the merchants send no goods to Barbadoes, but
only empty ships to take away the sugar, which if they send away
on their own accounts yields so contemptible a rate, for the merchants
having them in their power can give what they please, and sell it
for what they list, for they have the market to themselves, " and
make us simple planters only the property of their gain, and sell
the poor for bread, and the rich for shoes." Pray to be released
from the regulations of the Act of Navigation, and, lest his Majesty's
revenue should be diminished, propose that a Custom House be esta-
blished in Barbadoes, where the duties should be paid before the
ships leave ; and that no produce be exported except in English
bottoms. If the Government of the island do not faithfully observe
these conditions, let the Act of Trade be imposed again without
redemption. They beseech the King not to impose the tax of four
per cent., and that his Majesty will not be a harder master to them
in their poverty than his nobility were in their best prosperity ;
that they may enjoy their lands as formerly, paying the impost of
two and four per cent., the proprietors paying all public charges ;
and that they may hold their lands in the former tenure of free
46 COLONIAL PAPERS.
1661.
soccage at the rent of one pepper-corn per annum if demanded,
as was long since bargained and contracted with the former pro-
prietor in a full assembly of the country. Those who would counsel
his Majesty to burden and grieve his good people of Barbadoes they
fear are both in their Assembly and at home, who, conscious of their
own guilt in formerly betraying the island, hope to obtain a pardon
by ingratiating themselves into the King's favour, though to our
absolute ruin, and so to creep back to that power which they had
in the rebels' time ; but they trust the King will not [give] us poor
innocent sheep to the keeping of the wolf Have therefore peti-
tioned that the Lord Willoughby may be sent to govern them,
knowing he would scorn to wrong those in one hair or mite who
the King hath pardoned. Reasons for their having dissolved the
Assembly : They have sat six months and done nothing for the
country, but adjourn from time to time in hope of change. They
refused to join in the annexed petition, so were dissolved as unpro-
fitable members to their country and obstructors of that good which
might be done for the people, but upon no personal or private
animosities whatever their correspondents at home may suggest.
They had also refused to grant a present to his Majesty or to give
support to some " loyal confident " to carry the petition to the King.
The Council therefore fly to his Majesty for relief, and pray the
intercession of the Secretary of State in their behalf, for which
their poverty and disappointments enable them only to promise
their eternal gratitude. Signed by Hum. Walrond, Daniel Searle,
Tho. Ellice, Ja. Browne, John Yeamans, and Will Kirton. Annexed,
129. I. Petition of the President and Council of Barbadoes to the
King. That they hold their power from his Majesty, and
are desirous of laying before him the true state of island
and of drawing up a petition against that clause in the
Act of Trade relating to the transporting of their sugar,
which is their utter undoing, and against the tax of four
per cent, now proposed; also of sending a handsome
present to his Majesty, in charge of a "loyal confident"
of the island. To all which the Assembly, though they
considered them for the benefit of the country, refused
their assent on the plea that they expected a change in
the Government. Wherefore they had dissolved the As-
sembly with the intention of calling another, if possible
of more temperate and public spirit. Sec. Nicholas will
communicate to his Majesty their further grievances.
Prays that Lord Willoughby may be sent out as their
Governor, and that the King would grant them his
favour. 1661, July 10. Signed as above, also by Edmund
Eeade. Indorsed, Received 27 August. Together 4 pp.
[Col. Papers, Vol. XV., Nos. 70, 71.]
[July 12.] 130. Petition of the planters, merchants, mariners, and traders
in Barbadoes, to the King. That several of them have laid out the
greatest part of their fortunes in improving the trade and planta-
tion of said island, which now and for some time has employed
AMERICA AND WEST INDIES. 47
1661.
two hundred sail of shipping yearly : that scarce any island in the
world (known to petitioners) yields so great a revenue or employs
so much shipping and stock : that the price of sugars has thereby
been reduced from 3. 10s. per hundred to less than half : that such
is the flourishing and increasing state of said Plantation, that on a
few hours' warning they can arm 10,000 men, all the King's subjects,
on the island ; and it is a nursery for planting Jamaica, Surinam,
and other places : that the destruction of said island would not
only be the ruin of the petitioners, but also in a great measure ruin
to the stock, navigation, and shipping of England, as also to the
King's revenue of customs : that such has been the increase and
unmerchantableness of the sugars lately made, that the value of
said commodity is utterly destroyed, not yielding above one or two
and twenty shillings per hundred. Pray that such countenance be
given to said commodity as may answer the duty of thirty shillings
per hundredweight fixed upon all unpurged sugars of said island,
so that none may dare to make that which is unmerchantable, nor
any be permitted to sell what shall be imported under the price
current. Annexed,
Order of the Privy Council referring above petition to the
Council for Foreign Plantations for their report. Whitehall,
1661, July 12. 3 pp. [Col Papers, Vol. XV., No. 3I,pp. 12-14.]
July 15. 131. Orders of the Governor and Council of Jamaica. All mar-
riages, deaths, and burials to be recorded in the Secretary's office.
The wherry-men every Sunday to take turns in carrying over Mr.
Johns to Passage Fort for 6d., on pain of forfeiting their licenses.
The justices of peace of Guanaboe to nominate a person to sell
drink at the Cowhides. Mr. Townes to assist Mr. Long in making
an inventory of Col. Philip Ward's goods. Col. Saml. Barry to be
judge of the court to leeward of the precincts of Yallah. [Col.
Entry Bks., No. 34, pp. 23, 24, and No. 37, pp. 7-9.]
July ? 132. Report of the Council for Foreign Plantations to his Majesty.
That the following may be the heads of a letter to be sent in the
Charity, which is instantly going to Jamaica : That his Majesty is
resolved to provide for the security, supplies, and improvement of
the colony ; and considering its fruitf ulness, situation, and capacity
of being made the most eminent plantation of all his Majesty's
distant dominions, will cheerfully countenance all overtures for
rendering it more considerable ; and understanding that Col. D'Oyley
is pressed by private affairs to leave the island, to advance its repu-
tation his Majesty has appointed Lord Windsor, Governor. Mean-
time the present Governor and Council are to lay up in the public
stores the provisions sent in the Charity, principally if not only for
the repairing and finishing of the fort. 1 p. [Col. Papers, Vol. XV.,
No. 72.]
July 18. 133. The King to the Governor and Council of Jamaica. To the
Whitehall, same effect and almost in the same words as the preceding report
of the Council of Foreign Plantations, countersigned b}^ Sec. Nicholas.
1 p. [Col. Papers, Vol. XV., No. 73.]
48 COLONIAL PAPERS.
1661.
July 19. 134. Declaration of the President and Council of Barbadoes to
the inhabitants of their reasons for dissolving the late Assembly.
As magistrates are not magistrates for themselves, but for the good
of the people, it is but rational that the people should have an
account (in fit measure) of the transactions in which they are con-
cerned, and therefore to prevent false rumours a true account is now
published of the reasons for dissolving the late Assembly. The
President having received a letter from Sir James Drax that persons
at home were persuading the King to impose a tax of 4 per cent, on
commodities, alleging that it would bring in 25,000. per annum,
" a strange wild computation," three propositions were sent to the
Assembly, to which was returned this short answer [see ante, No. 127].
The Assembly is accused of " a hope of change, as now at least they
plainly tell us," and of their wishing to have either the King of
Spain or other foreign prince as their proprietor. The President
and Council solemnly declare they have no personal animosity or
prejudice against any of said Assembly, but seeing they were unwil-
ling to join in what was thought necessary for the public good, they
have been dissolved and writs issued for the election of a new
Assembly, and it is hoped that unbiassed persons and those in
obedience to the King and careful of the public good will be sent
up by the respective parishes. Signed by Humphrey Walrond.
5 pp. [Col Entry Bk., Vol. XL, pp. 56-60.]
July 20. 135. Grant to Thos. Lord Windsor of the office of Governor of
Jamaica during pleasure, with the yearly fee of 2,OOOZ. payable out
of the Exchequer. His co^nmission is dated 2 Aiuj., see No. 145.
[Dora., Chas. II., Docqiiet Bk., p. 127.]
July 20-21. 136. Proclamation of Edward D'Oyley, Governor of Jamaica.
That the former order concerning hunting was only intended to
prohibit such as make it their business to destroy cattle ; all persons
really intending to settle may have license from a justice of the
peace to hunt hogs. For the undeceiving and clearing of all con-
troversies in trade, ordered that from June 26 last all bonds, bills,
and contracts shall be payable and recoverable according to the
literal words written upon them.
July 21. Granting license to Quartermaster John Hoy to hunt
cattle with a gang of dogs not exceeding 25, he being incapable of
maintaining himself and family by any other means. [Col. Entry
Bks., No. 34, pp. 21, 22, and No. 37, p. 7.]
July 22. 137. Minutes of the Council for Foreign Plantations. Petition
In f n " Court ^ *^ e mercnan ^ s ' planters, mariners, and traders in Barbadoes,
referred by an Order in Council of 13th inst. July, read, and a com-
mittee appointed to report thereon concerning a law made in Bar-
badoes for raising the goodness, credit, and price of sugars made
upon that island ; for preventing deceipt in factors, and on the
merchants' propositions to contract for sugars here at the rate of
30s. per cwt. 1 p. [Col. Papers, Vol. XIV., No. 59, p. 35.]
1661 ? 138. Petition of Jacob Jeosua Bueno Enriques, a Jamaican Jew,
to the King. For license to work a copper mine in the island, if he
AMERICA AND WEST INDIES. 49
1661.
can discover it, of which he has heard from a Spaniard named
Domingo Fran . Platero, formerly a resident on the island, who was
brought to Cagway Point with other Spanish prisoners by the French
buccaneers of San Domingo. And that he and Josef and Moise Bueno
Enriques may use their own law and hold synagogues. Spanish.
3 pp. [Col. Papers, Vol. XV., No. 74.]
July 24. 139. Grant of denization to Daniel Bueno Henriques, merchant,
native of Spain, and now resident in Barbadoes. [.Dora., Okas. II.,
Docquet.]
[July 24.] 140. Report of the Council for Foreign Plantations to the King.
On petition of B. de Caseres and two others, who strangers and
Jews are forbidden by the Act of Navigation to trade to his
Majesty's Plantations. It has long been debated whether it stands
with his Majesty's interest and that of the colonies to admit Jews
to reside and trade there, judgment differing according to the
interest of the parties concerned. The merchants have urged that
the Jews are a people so subtle in matters of trade, and that they
and their stocks are so settled in other nations that in a short time
they will not only ingross trade among themselves, but will be able
to divert the benefit thereof to other places ; whereas it seems the
interest of his Majesty to keep his own trade, that the whole profit
may flow in hither and the trade be carried on by the manufactures
and navigation of these kingdoms. On the other side the planters
urge that the admission of Jews or any other accession of free trade
will tend exceedingly to the advantage of the Colonies, and con-
sequently of his Majesty and trade ; and that the merchants prin-
cipally aim at appropriating the whole trade and necessitating the
planter to accept any prices they think fit. These arguments being
of great weight, the Council have not thought fit to give any judg-
ment thereon, but offer that these three Jews being recommended
by the King of Denmark, and having behaved with general satisfac-
tion many years in Barbadoes, may have a special license to reside
there or in any other Plantation. Signed by Philip Froude. Indorsed,
Received 24 July 1661. 2 pp. [Col. Papers, Vol. XV., No. 75.]
July 24, 25. 141. Minutes of the Council and Assembly of Barbadoes. Col.
Walrond, President. List of the names of burgesses elected to the
General Assembly, the changes from the previous list (see ante, No. 1),
being as follows : Captains Wm. Sandeford and Alex. Pulline, for
St. Peter's ; Thomas Wardall and John Worsam, for St. Joseph's ;
Lt.-Col. Humphrey Hooke [vice Thomas Peade] for St. Thomas' ;
and Nicholas Edwards [vice Capt. Richd. Andrews] for St. Andrew's.
Col. Thos. Modyford chosen Speaker. It was agreed to repeal all
laws from the " Rendition of the island until its restoration to the
King's government," but those laws which were made for the better
administration of justice to be re-enacted. 2 pp. [Col. Entry Bk.,
Vol. XL, pp. 61, 62.]
July 31. 142. Orders of the Governor and Council of Jamaica [Capt.
Wm. Daylison also present]. That Capt. Wm. Valet do not depart
from the island without further order from the King. Major Coape
and Capt. Burroughs to examine and report on the difference
M 605. D
50 COLONIAL PAPERS.
1661.
between Capt. Harrington, Capt. Kent, and Lieut. Barfield, " or en-
deavour to make an expedient there." Sec. Povey to be empowered
to issue and sign letters of administration. [Col. Entry Bks., No. 34,
p. 24, and No. 37, p. 9.]
July ? 143. Petition of Philip Roberts to the King. To bestow upon him
some small employment suitable to his quality and present sufferings.
Has been employed in the West Indies these six and twenty years ;
in the year 1642 had command of a company under command of
Capt. Win. Jackson against the Spaniards in the West Indies, having
taken and plundered many towns whereby he had purchased much
diamonds, pearls, and other rich jewels ; but coming for England in
1646 was taken by Dunkirk men-of-war, who sunk the ship and all
the goods ; in May 1660 was retaken by Spanish ships in the West
Indies, and carried into St. Jago upon Cuba, escaped by stealing the
Governor's canoe and came to Jamaica in a most miserable condition ;
by long experience of the West Indies has discovered that which
will much enrich the King's dominions and revenue, and also highly
advance his Majesty's island of Jamaica. Annexed,
143. i. Certificate of his miserable condition when rescued from
the Dunkirkers.
143. II. Certificate by Sir Edw. Massey showing that Roberts was
one of those engaged with Jackson in a voyage for the
West Indies in making discoveries there, that he was
reputed a very honest, expert, and valiant soldier, that he
had suffered much misery and loss by being taken by the
Spaniard, and that his imprisonment has gained him
such knowledge of the Spaniard's Plantations as renders
him very capable of doing his Majesty good service. [Dom.,
Chas. II., Vol. XXXIX., No. 128, Gal, p. 51.]
Aug. 1. 144. Proclamation of the Governor and Council of Jamaica.
Jamaica. Granting permission to Captain Anthony Collier and Lieut. Edward
Morris, who having lost several horses, to pen their own with other
wild horses for one month, with the assistance of the officers of
Guinaboa, to whom half the wild horses are to be delivered. [Col.
Entry Bks., No. 34, p. 22-33, and No. 37, p. 7.]
Aug. 2. 145. Commission appointing Thomas Lord Windsor Governor of
Westminster. Jamaica, with power to make laws, k so they be not repugnant to
the laws of England, with advice of Council consisting of 12
persons to be elected as shall be appointed in his instructions
[see No. 259], to administer oaths, muster and command military
forces, and appoint a Commission for finding out the most neces-
sary trades to be undertaken for the good of the inhabitants.
With the yearly fee or pension of 2,0001., payable quarterly out of
the Treasury at Westminster. Edward D'Oyley's commission as
Governor of Jamaica from henceforth to cease [see ante, No. 20].
14 pp. [Col. Papers, Vol. XV., No. 76.]
Aug. 2. 146. Copy of preceding Commission examined by Robt. Castell
Westminster, and Fras. Haberley. Received from Sir Charles Lyttelton. [Col.
Entry Bk., No. 27, pp. 9-12.]
AMERICA AND WEST INDIES.
51
1661.
Aug. 2. 147. Another copy of Lord Windsor's Commission. [Col. Entry
Westminster. &., No. 92, pp. 59-66.]
Aug. 3. 148. Depositions of Eliz. Moulder of St. Martin's-in-the-Fields,
and of Margaret Arthington of St. Margaret's, Westminster. Above
four years ago Thos. Smith, then bound for the Barbadoes, did enter-
tain as his servant Edward Moulder, son of Eliz. Moulder, and then
solemnly engaged and signified under his handwriting that the said
Edward should not be sold. Some nine months after Smith in-
formed Eliz. Moulder that to save charges of transportation he had
left Edward with his friend Davis, but intended to make another
voyage to the Barbadoes shortly, when he would bring him. But
Smith died on shipboard bound for the Barbadoes. [Dom., Chas II.,
Vol. XL., Nos. 17, 18, Cal, p. 57.]
Aug. 5. 149. Minutes of the Council for Foreign Plantations. The report
Inner H Cou ( rt of of the Committee on the petition from Barbadoes touching sugars
to be perfected and brought in on Monday the 12th inst., when
the several persons concerned are to have notice to attend. Debate
on the letter sent from this Council to Virginia. Sir Wm. Berkeley
desired to bring in writing such an account of Virginia and pro-
positions for the advantage of that Plantation as to him shall seem
fit. 1 p. [Col Papers, Vol. XIV., No. 59, p. 36.]
Wards.
Aug. 5.
Aug. 6.
150. Minutes of the Council and Assembly of Barbadoes. Resolved
that the Assembly sit with the Governor and Council, to confer
about the repealing and reviewing of laws formerly made, so far as
there shall be a general content, but if any dissent, then to repair
to their own house to put it to the vote, f p. [Col. Entry Bk. }
Vol. XL, p. 63.]
151. Grant of the office of Governor of the countries and terri-
tories called 1'Acadie, and part of the country called Nova Scotia,
to Mark Harrison, of Stepney, co. Midx., gent., during life, with the
same powers and authorities as have formerly been granted to others,
procured by Thos. Elliott of the bedchamber. [Docquet Dom.,
Chas. ~
Aug. 7.
Whitehall.
Aug. 7.
152. Order in Council directing the Attorney-General to prepare
draught of Letters Patent under the Great Seal, constituting Robert
Boyle, one of the members of the Corporation of New England,
Governor of that Corporation for propagating the Gospel there,
with the usual clauses and instructions. 1 p. [Col. Entry Bk.,
Vol. LX., p. 5.]
153. Address of Governor Endecott in the name and by order of
the General Court of the Massachusetts, in New England, to the King.
Their last address was the representation of an exile's necessities ;
this script, gratulatory and lowly, is the reflection of the gracious
rays of Christian Majesty. They pray that New England, under
the King's royal protection, may be permitted still to sing the Lord's
song in this strange land; in the particulars of subscription and
conformity they are supposed to be under the hallucinations of weak
brethren, yet they crave leave to say whether the voluntary quitting
D 2
52 COLONIAL PAPERS.
1661.
of their native and dearest country be not sufficient to expiate so
innocent a mistake, if a mistake. This laudatory address concludes
thus : " Yea as the Lord was with David, so let Him be with Your
" most Excellent Majfr, and make the throne of King Charles the
" Second both greater and better than the throne of King David, or
" than the throne of any of your royal progenitors." [Col. Papers,
Vol. XV., No. 77.]
Aug. 7. 154. Copy of the preceding. 3 pp. [Col. Papers, Vol. XV.,
No. 78.]
Aug. ? 155. Petition of Mary, relict of Major-General Fortescue, to the
King. Petitioner's husband was engaged in the expedition to
Jamaica, and was chosen Commander-in-Chief on the sickness of
General Venables, by virtue of a dormant commission. There
Major-General Fortescue died, after having stocked at great charges
two plantations which were allotted to him. Prays that said plan-
tations may be granted to herself and child, with an allowance for
the profits so long kept from her. Indorsed, " Council Plantations
to consider and examine contents, and certify what is fit to be done
for pet" just relief." 1 p. [Col. Papers, Vol. XV., No. 79.]
Aug. 12. 156. Minutes of the Council for Foreign Plantations. Petition
of Mary, relict of Major-General Fortescue, referred by the King,
setting forth her late husband's industry and faithfulness to preserve
the interest of Jamaica, and his expenses in setting up two planta-
tions of sugar works and cocoa walks upon ground allotted to him,
which she prays may be granted to her and her child, with some
competent allowance for the profits long kept from her, referred to a
committee to hear the proofs and report thereon. After long debate
on the petition and proposals from Barbadoes, touching sugars, the
whole matter is referred for further consideration, as it seemed to
this Council to be a matter of great weight and moment. Report
brought in by Sir William Glasscock on Lord Sterling's case, referred
for consideration. 1 p. [Col. Papers, Vol. XIV., No. 59, pp. 36, 37.]
Aug. 13. 157. Proclamation of the Governor and Council of Jamaica.
Whereas Lieutenant Morris having set forth by petition that he
bought a pipe of wine from Abraham Langford, which the
soldiers in the late mutiny did drink out and embezzle, alledging
that Langford was a traitor, and that petitioner is sued at law by
Langford for same. It being well known that Langford was a
promoter of the mutiny, whilst Morris was wounded in defence of
the Governor, and was plundered only on account of said Langford ;
ordered, that Lieutenant Morris be discharged of the money due for
said pipe of wine. [Col. Entry SJcs., No. 34, pp. 24, 25, and No. 37,
2*9.]
Aug. 19. 158.. Minutes of the Council for Foreign Plantations. Order
upon the report of the Committee for the petition from Barbadoes,
that a letter be drawn up for the King to send to that island, ex-
pressing his Majesty's care of them, and putting them in mind to
revise the laws for making sugars ; also acquainting them with the
AMERICA AND WEST INDIES. 53
1661.
overtures made l>y the merchants and traders here to take said
sugars off their hands at such rates as may probably make the
planter comfortably subsist and encourage the merchant to trade
with them, and for those purposes to call an Assembly to consider of
and send an answer to these particulars.
Aug. 19. A dispute accidentally arising about supplying Barbadoes
with horses for their sugar works, and it being alleged that the
Lords of the Privy Council understood it might be most com-
modiously done from Jamaica, which is held very dangerous, if not
impossible, by reason of the trade winds, Sir John Colleton is ordered
to draw up a report on the advantage of licensing English horses to
be transported thence. The letter for Barbadoes ordered to be pre-
pared on the 15th inst. read ; also an estimate brought in by Sir
John Colleton of the planters' charges in raising sugars there;
ordered, after long debate, that the merchants take a copy of Sir
John Colleton's paper ; also a like estimate of the charges of three
several sorts of Muscavado sugars made by the Portuguese and brought
to the London market, and upon due consideration this Council will
order what is requisite to be done. 1 pp. [Col. Papers, Vol.
XIV., No. 59, pp. 37, 38.]
Aug. 20. 159. Proclamation of the Governor and Council of Jamaica.
That no persons take upon themselves to mend and calk vessels,
except those employed by Kobert Aves, shipwright, who is to
receive 5s. per day for his own work, and 4s. for each of his men.
[Col. Entry Bks., No. 34, pp. 25, 26, and No. 37, p. 9.]
Aug. 20. 160. Col. Thos. Temple to Sec. Morrice. Received his letter of
Boston. 14th February last from Capt. Baker, on 28th May. Whalley and
Goffe were newly fled out of this jurisdiction before his letter
arrived, by reason the Governor had made a strict search for them
upon sight of a Proclamation that came by way of Barbadoes. The
progress made in this business, together with the Governor's orders
and copy of a letter of apology from Mr. Davenport, a minister, who
is quite unknown to Temple, are herewith inclosed. Believes
Whalley and Goffe are still in this country, concealed in some of the
southern parts. Has joined himself in a secret design with one
Pinchin, and Capt. Lord, two of the most considerable persons living
in those parts, resolving to use their uttermost endeavour to appre-
hend and secure those Colonels, and has great hopes to effect it if
they are in those parts. Will hazard his life and fortune in his
Majesty's service. Incloses,
160. i. John Davenport to Col. Thos. Temple. Tribute to the
memory of Lord Saye and Sele, " if the Most High hath taken
him from us" ike writer's patron for 40 years past, while
in Holland, in London, and since his abode in this wilder-
ness above 24 years. Protests his innocence in reference to
the two Colonels, Whalley and Goffe, also on behalf of this
poor colony who wanted neither will nor industry to have
served his Majesty in apprehending tfiem, but were pre-
vented and hindered by God's overruling providence. Ex-
54 COLONIAL PAPERS.
1661.
plains how it was that the two Colonels, who only stayed
two days in the Colony, went away before they could be
apprehended, no man knowing how or whither. Begs he
will communicate this to Lord Saye, if living, if not, to
Lord Fiennes. New Haven, 1661, Aug. 10. Together 4 pp.
[Col. Papers, Vol. XV., Nos. 80, 81.]
Governor Endecott's letters and instructions above referred to will
be found calendared, ante, No. 81.
1661 ? 161. Deposition of John Crown. That while he was at Boston
soon after the King's restoration, Goffe and Whalley landed there, and
were conducted to the house of John Endecott, the Governor, who
it was reported embraced them, bade them welcome to New England,
and wished more such good men as they would come over. That
they were visited by the principal persons of the town, and visited,
among others, John Norton, teacher of the principal Independent
Church, one of those who came over with the address and letter of
said colony to the King. That they then resided in Cambridge
University, of which deponent was a member, where it was reported
they were held in exceeding great esteem for their piety and parts ;
that they held meetings, where they preached and prayed and were
looked upon as men dropt down from heaven ; but penitence for the
horrid murder for which they fled did not appear to be any part of
their piety, for Whalley frequently said that if what he had done
against the King were to be done he would do it again. That had
the King's proclamation for their apprehension been published, it
had been almost impossible for the murderers to escape as they did.
Heard many godly men in New England say they durst not con-
demn what Hugh Peters had done. 2 pp. \_Col. Papers, Vol. XV.,
No. 82.]
1661 ? 162. Gov. Endecott to Sec. Sir Edw. Nicholas and Sir William
Morrice. In reply to two expresses of 15 February and 5
March 1661, gives a brief account of what has been done by the
Council, the General Court, and himself concerning Colonels
Whalley and Gofle. They have caused diligent search to be made
for him in this jurisdiction, and the King's warrant for their appre-
hension was speedily despatched to the other colonies. They have
written to New Haven to stir them up to a faithful diligence and
further endeavours for apprehending them. Inclose copies of the
Council and their own transactions at large, together with the re-
turn on oath of the two gentlemen employed, [see ante, Nos. 81, 82,
96]. Notwithstanding all the clamour and complaints against them
they hope to have an opportunity to vindicate their innocency and
still to enjoy their liberties. Indorsed, Received 27 Sept. 1661.
1 p. [Col. Papers, Vol. XV., No. 83.]
Aug. 26. 163. Order of the King in Council directing that Dr. Mason, Dr.
Whitehall. Wiseman, and Dr. Walker, or any one or more of them, attend the
Committee for Foreign Plantations at the Council Chamber on the
morrow, and that Sir Lewis Kirke, Thos. Eliott, and Robt. Nelson do
then and there attend accordingly about the business of Nova
Scotia. 1 p. [Col. Entry Bk., Vol. LX., p. 16.]
AMERICA AND WEST INDIES. 55
1661.
Aug. 27. 164. Orders of the Governor and Council of Jamaica. That the
merchants' petition be laid aside for three months, and that the
Governor and Council have further notice from them for the
security of the Caimanos. That Captain Whiting, of the Diamond,
deliver the goods and liquors he has brought to Lt.-Coll. Arch-
bold, who has engaged to take out letters of administration on
behalf of M. Dubois, deceased. That to prevent abuses by false
weights and measures, all goods be sold one month from this date
according to the standard weights and measures of England, an
exact table to be hung up in the Secretary's office, on pain of for-
feiture of double the value of said goods. And Captain Thomas
Ascough is hereby appointed clerk of the market, and Thomas
Bispham deputy. That a market be kept every Saturday at Col.
Barry's storehouse at Lygonee as formerly. That any person
carrying a stick of fire or pipe of tobacco lighted through a field of
canes be convicted in the sum of 51. That any person entertaining
a slave above one night after he is known so to be, shall forfeit to
his master II. for each night. And no one shall hire a servant,
unless he bring a testimonial that he has performed his last con-
tract. To seize William Potter and bind him to the sign post of
Captain Ipley Ingelsfield, and there give him 30 lashes upon the
bare back, after which to secure him until he enters into recogni-
sance to be of good behaviour. 4 pp. [Col. Entry Bks., No. 34,
pp. 26-29, and No. 37, pp. 9, 10.]
August. 165. Grant of the office of General of Nova Scotia unto Mark
Harrison during life. [Docquet Book, p. 131, Dom., Charles 77.]
Sept. ? 166. Petition of Sir Thos. Whitstones to the King. In research
of somewhat answerable to his hopes from the King's promise, is
reduced to extreme necessity, and expects no issue but death or his
Majesty's favourable intervention. Implores his Majesty to bestow
upon him a plantation in Jamaica. 1 p. [Col. Papers, Vol. XV.,
No. 84.]
Sept. 3. 167. Sir Thomas Whitstones to Secretary Nicholas. Begs assist-
ance in his petition to the King which the Lord Chancellor has
promised to second ; otherwise he must perish in the Marshalsea.
The letter is endorsed by Nicholas with a note to the Lord Chan-
cellor, and with the latter's reply that he will deliver the petition,
which he doubts will come to nothing ; it would be better if the
King would give Whitstones 100. to get him out of prison and send
him to Jamaica. In 1663 Sir Thos. Whitstones had the command of
a fleet in Jamaica, see Index. [Dom., Chas. II., Vol. XLI., No. 11,
Cal, p. 81.]
Sept. 9. 168. The King to Governor Endecott and the Governors of all the
Whitehall. Colonies of New England. Having been informed that several of
his Majesty's subjects called Quakers are imprisoned, that some have
been executed, and others are in danger to undergo the like, they
are hereby required, if there be any called Quakers already con-
demned to death or other corporal punishments, or that are impri-
soned and obnoxious to the like condemnation, to forbear proceeding
any further therein, but forthwith to send said persons, whether
56 COLONIAL PAPERS.
1661.
condemned or imprisoned, to England, together with their respective
crimes or offences laid to their charge, to the end such course may
be taken with them here as shall be agreeable to our laws and their
demerits. Copy certified by Jo. Cooke, Clerk to Sec. Morrlce. 1 p.
[Col. Papers, Vol. XV., No. 85.]
Sept. 9-18. 169. Orders of the Governor and Council of Jamaica. That
Nicholas Keine, fire-master and gunner, appoint some one to guard
the magazine, hoist the flag at the descrying of any ship, and
attend to the other duties of a " Mettross," for which James Jordan
shall pay him 12cZ. per diem weekly out of the impost money.
Sept. 11. That John Morgan, master of the Elizabeth of Limerick,
deliver 2,000 Ibs. of turtle to Thos. Rosewarden, Benj. Pecken, and
John Tudor, in satisfaction of their shares of meat.
Sept. 18. Divers complaints having been made of the dearness
and badness of sugar, ordered that no person sell any of the sugar now
brought by Mr. Loveing for more than 5d. per Ib. In consideration
of said order Loveing contracts to take 6,000 Ibs. of bounty sugar
at 4s. per cwt., and 8,000 Ibs. of Mr. Grant at 30s. per cwt. 2 pp.
[Col. Entry Bk., No. 34, pp. 30-32.]
Sept. 11. 170. Grant to the Duke of York, Lord Willoughby of Parham,
Col. Wm. Legg, and Tho. Culling, Alexander Bence, Robert Starre,
John Lewis, and Philip Payne, of London, merchants, of all regions,
countries, and territories from Cape Blanco, situate in 20 N. lat.,
on the continent of Africa, unto 2 leagues to the northwards of
Sallee, lying in 34 N. lat., on the north part of Africa, bordering on
the Atlantic Sea, and of the free trade thereof for 31 years, ren-
dering two gold ducats when his Majesty shall arrive in said
dominions ; incorporating them by the name of the Morocco Com-
pany, and giving them license yearly to deduct 1,5001. out of the
customs for all merchandise exported thence and brought into his
Majesty's dominions towards erecting and maintaining fortifications.
[Dora., Chas. II., Docquets.]
Sept. 12. 171. Warrant to pay 2,000?. to Sir William Berkeley out of the
duties and customs arising from the next ships for Virginia in re-
compense of his services as Governor of Virginia [Docquei].
N.B. There is another copy of this docquet dated Sept. 16, to
pay the same amount "in consideration of the many faithful
and good services performed by him as Governor of Virginia,
and in full recompense of all other engagements from his Majesty
and his Father of blessed 'memory." (Dom., Car. II.}
Sept. 20. 172. Capt. Richard Hodges of the Guernsey to the Navy Com-
missioners. Lay off Newfoundland till August 29, expecting a
fishing fleet unto the southward, and sent to all the ports bidding
the vessels repair to the Bay of Bulls, the usual place where they
make up their fleet ; they returned answer they were bound by
charter not to stay for any company, but to hasten as soon as ready
to a market. Hastened home, having only three weeks' victuals,
with only three sail, two bound for the Straits and one for England ;
AMERICA AND WEST INDIES.
57
1661.
the remainder of the fishermen will not be ready to depart the
country till the latter end of this month, for they are resolved to
stay as long as possible by reason it hath been a bad year for
fishing. Had a bad passage, meeting a very great storm. The new
Governors of Newfoundland claim of the two French prizes
sent home by him, though he took them five days before the
Governors came into the country.; told them if Lord Baltimore had
any right to them he could recover in England, for his own part he
could grant them no part thereof. Wants to get passage for the
Frenchmen on board the Guernsey, and an order to come into
Portsmouth to victual. [Dom., Chas. II., Vol. XL I I. No. 10, Cat.,
p. 93.]
Sept. 20. 173. Grant to Thos. Povey of the office of Receiver-General of
the rents, revenues, and profits payable to his Majesty from any of
his foreign dominions, colonies, and plantations in Africa and
America, during life, with the fee of 100Z. per annum. [Dom., Chas.
II., Docquet Bk.,p. 140, Gal, p. 94.]
Sept. 23. 174. Grant to Thos. Breedon of London, merchant, during life, of
the office of Governor of L'Acadie and part of Nova Scotia, with the
same powers and privileges as have been formerly granted to others,
procured by Mr. Secretary Nicholas. [Dom., Chas. II., Docquet Bk.,
p. 141.]
Sept. 27. 175. Minutes of the Council and Assembly of Barbadoes. List
of Acts passed (re-enacted), which are recorded in the book of Acts,
viz. : For settling the regiment of horse. Encouraging all faithful
ministers, and appointing and regulating their maintenance. Con-
cerning the conveyance of estates. Encouraging the importing
of gold and silver. For the better ordering and governing of negroes.
For the good governing of servants, and ordaining the rights between
masters and servants. Settling the militia. For the more exact
stating of the accounts of the late tax of 51. per acre, and levying
the arrears thereof. Ordered that the order of 10th May last, for
expunging all Acts and orders in any books, which are any ways
derogatory to the authority and dignity of the King, be forthwith
put in execution by the committee. 1 p. [Col. Entry Bk., Vol. XI.,
pp. 63, 64.]
Oct. 8. 176. Orders of the Governor and Council of Jamaica. Whereas
there is no convenient place for preserving his Majesty's powder,
and that no treasury of his Majesty is visible in this island, ordered
that Commissary Povey sell so much as will defray the charge of
preserving the remainder. That the execution recovered by Wm.
Stayno against Capt. John Harrington be paid to Capt. Langford.
That the several ministers bring in their fees for marriages, burials,
christenings, churchings, &c. to the Governor and Council, before
the collector pays them anything from the assessments. That Com-
missary Rich. Povey give to Coll. Barry 1,000 Ibs. biscuit, to be
repaid in Cassadoe bread. That the Council meet the 15th day of
each month at Point Cagua, and if on Sunday, the day following.
2 pp. [Col Entry Bk., No. 34, pp. 32-34.]
58 COLONIAL PAPERS.
1661.
Oct. 19. 177. Memorial of the Dutch Ambassadors to the King. Take
Westminster, the liberty, by express order from their masters, to remind his
Majesty that in his letter of 14th Aug. last he absolutely disclaims
the proceedings of Capt. Holmes, commander of some of his Majesty's
ships upon the coast of Africa, which he promises to inform himself of
particularly, and order that nothing follow to the prejudice of the
Netherlands West India Company. The States General being
informed that said Holmes is in England, have commanded said
Ambassadors to pray his Majesty to cause him to give account of
what he has enterprized against the States' subjects, hindering that
freedom of trade on the coasts of Africa which they have long
enjoyed, and seizing the fort of St. Andrew, which the Dutch held
by good title ; that said fort may be restored to said company
and the damage repaired ; and that henceforth his Majesty's subjects
may more regularly observe the law of nations, and that his Majesty's
allies may continue their trade in the River Gambia and at Cape
Verd without hindrance. Signed by L. de Nassau, V. Hoorn, H.
Vangogh. 1 p. [Col. Papers, Vol. XV., No. 86.]
Nov. 6. 178. Report by the Commissioners of Customs concerning the
Scotch trade, how far it intrenches by the late Act of State upon
the Act of Navigation and the Plantations. That by allowing the
Scots to trade as the English the customs would be much injured,
they bringing in foreign goods without paying alien duties ; they
might then trade to the Plantations that are absolute English, to
the infinite prejudice of his Majesty's duties and of the Englishmen
who have property there both in goods and land, by whose cost
and industry they have been planted. The Plantations are his
Majesty's Indies, without charge to him raised and supported by
the English subjects; they employ above 200 sail of good ships
every year, breed abundance of mariners, and begin to grow com-
modities of great value and esteem, and though some of them
continue in tobacco, yet upon the return it smells well, and pays
more custom to his Majesty than the East Indies four times over.
The Scotch would by this liberty overthrow the essence of the Act
of Navigation, and they must not be allowed to trade from port to
port, for they are strangers and their bond is not sufficient security.
[Dom., Okas. II., Vol. XLIV., No. 12, Gal, p. 135.]
Nov. 11. 179. Minutes of the Council for Foreign Plantations. Messrs.
inner Court of Boyle and Povey to draw up a letter to New England according to
Wards. ^ e jj n g' s instructions, to be sent by this Council. Mr. Froude to
attend the Secretary of State and inform himself of the last address
from New England to the King, and give an account thereof to
Messrs. Boyle and Povey ; also to wait on the Lord Treasurer and
obtain his warrant for 1001. towards the charges of this Council.
i p. [Col. Papers, Vol. XIV., No. 59, p. 39.]
[Nov. 14.] 180. Petition of Francis Lord Willoughby of Parham, vested by
the late Earl of Carlisle in the Government of Barbadoes and the rest
of the Caribbee Isles and in the moiety of all profit and advantage
to the King. That after so many years of expense and suffering he
AMERICA AND WEST INDIES. 59
16G1.
may be speedily despatched with instructions and sufficient powers.
With reference to the Lord Chancellor, Lord Treasurer, Lord Privy
Seal, and Chancellor of the Exchequer, to consider how petitioner
may receive satisfaction proportionable to his interests to be sur-
rendered, and for his support as his Majesty's Lieut.-General and
Governor in Barbadoes and the rest of the Caribbees. See 27 August
1662. p. [Dom. Entry Bh, Okas. II., Vol. XIIL, p. 11.]
1661 ? 181. Conditions upon which Fras. Lord Willoughby is ready to
submit to the King all his right and title to the Foreign Plantations
possessed by him under a grant from the late Earl of Carlisle.
That he have a commission to be the King's Lieut.-Gen. for the six
years to come, in his lease of 21 years from Lord Carlisle ; with the
moiety of the profits of the revenue confirmed to him, but to receive
no other reward or allowance. The Government of those islands being
loose and distracted, Lord Willoughby desires to be despatched
to that command see Nos. 309, 359. 1^ pp. [Col. Papers, Vol. XV.,
No. 87.]
1661. 182. Orders of the Governor and Council of Jamaica. That
Nov. 15. Henry Sweeting and William Beeston, collectors for George Johns,
minister, forthwith pay the money they have collected, to him,
deducting 50s. for the clerk. Receipt by George Johns and Henry
Marcutt for same, amounting to 181. 4s. Warrant to Rich. Povey
to pay III. 16s. to Lieut. Orchard for the relief of Lieut. John
Frampton, who is very sick and necessitated and much indebted
to Orchard. Concerning the suit of James Jordan, treasurer, against
John Pemwell. Setting forth the penalties for the wanderings of
servants and slaves, and stealing their masters' goods, of moderately
whipping and committing them to the custody of the Provost-
Marshal. That no person remain on Point Cagua without giving
security to a justice of peace not to be chargeable to the inhabitants
for more than one month. Any waterman bringing a person likely
to be chargeable to pay a piece of f , and carry him back again.
That all persons imprisoned for debt not exceeding 51. shall contract
with their creditors and serve them such time as a justice of the
peace shall award. 4 pp. [Col. Entry Bks., No. 34, pp. 34, 38,
and No. 37, pp. 10, 11.]
Nov. 19. 183. Petition of Thomas Elliott, groom of the bedchamber, and
Francis Cradock to the King. The propositions to his Majesty for
erecting banks without money in England, and raising a great
yearly revenue by the ease of his people, though approved by many
are not as yet countenanced by any, no experiment having been made
elsewhere. The laws and customs in Barbadoes are suitable for
that design, would be acceptable to the people, and prevent many
grievances complained of. Pray the King's commission empowering
him, the Governor for the time being, and a commissioner at the
country's election to erect a bank there, and take the profits thereof
for such time as his Majesty shall direct. Annexed,
183. I. Reference to Lord Ashley, Chancellor of the Exchequer,
for his report. Whitehall, 1661, November 19.
60 CALENDAR PAPERS.
1G61.
183. u. Report of Lord Ashley on the above petition. Has no
confidence in the success of the first experiment of new-
inventions, especially in matters of this nature ; yet con-
ceives that a licence for a bank in Barbadoes might be
granted for not more than 31 years, reserving one-fourth
of the annual profit of the undertaking, as is offered in
the propositions to be "disposed of as the Governor and
Council of the island may think fit, which may assist
towards the charge of the Government there. 1661,
December 3.
183. in. " Cradock's propositions for erecting banks in England
without money, and raising a revenue by the ease of
the people, seeming as great a mystery as it is a novelty,
and therefore without a precedent, will hardly gain
credit with a people apt to create more difficulties than
God and nature hath [made them. Why may not his
Majesty make an experiment thereof in the island of
Barbadoes, and by that means introduce it here in
manner following, as herein set forth." Together 3 pp.
[Col Papers, Vol. XV., Nos. 88, 89.]
Nov. 19. 184. Minute of the above petition. See Warrant of 9th December,
No. 194. [Dom. Entry BL, Chas. II., Vol. XIII. , p. 15.]
Nov. 20. 185. Richard Whiting, captain of the Diamond, to the Principal
Aboard the Officers of the Navy. Had received orders from the Governor of
CarHsle > Ba Jamaica to fetch passengers from Barbadoes, but met with great
(Barbadoes)! obstructions, the chief men here very averse from acting anything to
the good of Jamaica, so that the number falls short of what is ex-
pected. Sails for the Leeward Islands on the 21st inst. to carry off
as many persons as are free to go, having stayed a few days at each
island, he will steer his course for Jamaica to get orders from his
Royal Highness [the Duke of York ?] 1 p. [Col. Papers, Vol. XV.,
No. 90.]
[Nov. 27.] 186. Petition of officers and soldiers returned from Jamaica to the
King and Council. As petitioners bore too visible a stamp of
loyalty, they were compelled to accept service in the West Indies in
1654 by that late usurper Cromwell; but in consequence of the
reducement of two regiments into one, were discharged to return for
England. Have received part of their arrears, and the remainder is
promised. As the army of England and the soldiers of Dunkirk
have already been paid, and there only remains between 19,OOOZ.
and 20,000. due to petitioners, pray that means be taken for their
speedy relief from utter ruin and the debtors' gaol. Indorsed, " Read
in Council, Nov. 27, 1661." f p. [Col, Papers, Vol. XV., No. 91.]
Nov. ? 187. Petition of John, son of Thos. Woodward, to the King. To be
put into possession of the house and office of Assay Master of the
Mint, held by his father until the late troubles, when John Bradshaw,
the so-called President of the Council of State, on 23rd October 1649,
dismissed him for refusing obedience to the usurped powers, and put
in Samuel Bartlett ; on this his father repaired to Virginia, with a
public declaration never to see England again till his Majesty's
AMERICA AND WEST INDIES.
1661.
Dec. 2.
Dec. 4.
Whitehall.
Dec. 4.
Dec. 4.
Dec. 6.
Boston.
return : is forthwith sending him the joyful news, and wishes to
keep the office for him till his return, or, if he be dead, to have a
grant of it for himself. N.B. Woodward's petition was granted, see
the King's letter to the officers of the Mint, 12 July 1665. John
Woodward had died just before that date. [.Dora., Chas. II., Vol.
XLIV., No. 17, Gal, p. 137.]
188. Minutes of the Council for Foreign Plantations. Lord Wind-
sor's propositions, setting down what necessaries he thought expedient
for well managing the government of Jamaica, and praying the
result of this Council therein to be presented to the King in Council,
were, after debate, referred for further consideration. p. [Col.
Papers, Vol. XIV., No. 59, p. 39.]
189. Commission to Capt. Thomas Breedon to be Governor of
the countries and territories called Acadie, and of that part of the
country called Nova Scotia, with power to appoint a deputy and to
commissionate officers by sea and land, both military and civil ; no
persons to trade with the natives without his license, and in case of
opposition he is authorised to raise forces in New England or in any
other parts of America, and to kill, sink, or burn vessels, and in
case of the seizure of any vessels or goods to convert them to his
own use without rendering any account for the same. See No. 248.
3 pp. [Col. Papers, Vol. XV., No. 92.]
190. Two copies of the preceding commission. [Dom. Entry Bks.,
Chas. II., Vol. V., p. 73, and Vol. XLVI1I., p. 28.]
191. Minutes of the Council for Foreign Plantations. Lord
Berkeley, Sir John Colleton, and Col. Venables to attend the Lords
of the Council with the propositions prepared by this Council
concerning the necessary provisions to be sent to Jamaica. [Lord
Windsor's] propositions [see ante, No. 188] to be presented to his
Majesty. 5 pp. [Col. Papers, Vol. XIV., No. 59, pp. 39-44.]
192. Edward Rawson, Secretary, to Secretary Sir Wm. Morrice.
Account of proceedings of the General Court since the receipt of the
King's commands in reference to the Quakers, " men of such turbu-
lence as renders them not only disturbers of the peace, but pro-
fessed enemies to all established Governments and the truth."
The Colony in good hopes to enjoy his Majesty's favour and protection,
and that they may continue to enjoy the same liberties and privileges
in civil and ecclesiastical things as they have enjoyed for thirty
years past. Incloses,
192. I. Order of the General Court at Boston: For preserva-
tion of religion, order, and peace, laws have from time
to time been passed against Quakers, in reference to
their restless intentions and impetuous disturbances, but
not any propensity to punish them in person and estate.
All imprisoned have been released and sent away, yet some
have returned and others have filled the Royal ears with
complaints and obtained a letter from, the King to forbear
corporal punishment or death. Although it is not doubted
if his Majesty were rightly informed he would be far from
62 COLONIAL PAPERS.
1661.
giving them such favor or weakening his authority here, yet
that his Majesty be not the least offended, it is ordered that
the execution of the laws in force against Quakers, so far as
they respect coiporal punishment or death, be suspended
until further order. Boston, 1661, Nov. 27. Copy certified
by Edward Rawson, Secretary. [Col. Papers, Vol. XV.,
Nos. 93, 93 i.]
Dec. 9. 193. Warrant to Col. Thos. Temple to deliver up to Capt. Thos.
Breedon his Majesty's forts of St. John and Pentagoet in Acadie or
Nova Scotia, with all guns and ammunition 'to them belonging,
together with the guns and great shot that were carried from Port
Royal to Boston in New England. See No. 248. Two copies.
[Dom. Entry Bk., Chas. II., Vol. V., p. 75, and Vol. XLVIIL,
p. 10.]
Dec. 9. 194. Warrant to the Attorney or Solicitor- General to prepare a
Bill authorising Thomas Elliott, Esq., Groom of the Bedchamber,
Sir John Colleton, and Francis Cradock, and others, from time to
time appointed by the Governor, Council, and Assembly of Bar-
badoes, to erect and manage a bank or banks in the said island,
founded on the security of lands and goods, with sole power to give
credit and transfer the same from one month's account to another,
as is done by the ownership or credit of money in foreign parts.
Three-quarters of all profits granted to said Thomas Elliott, Sir
John Colleton, and Francis Cradock, their executors, administrators,
or assigns for 31 years, and the other fourth to the Governor and
Council for the public charge of said island. And that the injuries
done to the planters and others by usurious sales and contracts at
30 per cent, interest and more may be prevented, his Majesty wills
that no man take or give more than 6 per cent, per annum interest,
on pain of forfeiture of the goods, money or credit so sold or lent,
and no man be compelled in future in said island to take pay-
ment in sugar more than he pleases. With power to the Governor,
Council, and Assembly to appoint a fit person to inspect the whole
management and determine the value of all lands, and the credit to
be laid on them, and to appoint reasonable rates for warehouse room,
and make such other Acts for the better establishing said banks
as they shall reasonably desire. The office of keeping the records
of estates to be kept at the banks, and any persons counterfeiting
any bill or seal of the bank, or doing anything to cheat the same,
shall on conviction be liable to perpetual imprisonment and forfeit
his estate, one moiety to the Crown and the other to him that shall
sue for the same in any court of record. 2| pp. [Dom. Entry
Bk., Chas. II., No. 5, pp. 80-83.]
Dec. 14. 195. The King's proclamation for the encouraging of planters in
Whitehall. Jamaica. His Majesty, fully satisfied that the island of Jamaica,
with its fertile soil, and commodious situation for commerce, is likely
to be a great benefit to his Majesty's other dominions, hereby de-
clares for the encouragement of planters and settlers : That during
the next two years, 30 acres of land shall be allotted by the Governor
AMERICA AND WEST INDIES. 63
1661.
to every person, male or female, above 12 years of age, who shall
reside upon said island within six weeks after application, to be held
for ever by the tenure usual in other plantations ; but in case said
persons do not go thither within six months, said allotments shall
be void. The grantees to be obliged to serve in arms upon any
insurrection, mutiny, or foreign invasion, and to enjoy all fisheries
and mines, except gold and silver, on payment of a royalty of one-
twentieth. Children born in Jamaica of his Majesty's natural born
subjects of England, to be free denizens of England ; and all free
persons to have liberty to transport themselves, their families and
goods, except only coin and bullion, from any part of his Majesty's
dominions to Jamaica. All planters, soldiers, and others are hereby
commanded to yield obedience to Thomas Lord Windsor, now
Governor of said island, and to every other Governor thereof.
Printed. 2 pp. [Col Papers, Vol. XV., No. 94.]
Dec. 14. 196. MS. copy of preceding proclamation for the encouragement
Whitehall, of planters in Jamaica. Indorsed, 14 Dec. 1661. Proclamation pub-
lished in Jamaica by Lord Windsor. Received from Sir T. Lynch,
20th Dec. 1679. Bead the 21st of October 1680. [Col. Entry Bk.,
No. 37, p. 9.]
1661 ? 197. Petition of Henry Hastings to the King. A plantation of
about 60 acres in the parish of St. George, in Barbadoes, heretofore
belonging to Capt. Anthony Strange, who murdered Capt. Bowers [sic]
about April 1657, and was outlawed, fled the island, was escheated,
and afterwards purchased of the late usurper Cromwell for 300Z. ;
prays for a grant of the same, in consideration of his services and
great losses in all the late unhappy wars. 1 p. [Col. Papers, Vol.
XV., No. 95.]
1661. 198. Warrant from the King to the Attorney or Solicitor- General.
Dec. 16. To prepare a Bill for the Royal signature, containing a pardon to
Anthony Strange for killing George Bowyer, Of Barbadoes, on the
9th April 1657, and of all pains and penalties, corporal or
pecuniary whatsoever, by occasion thereof; with restitution of
lands and goods, and non-obstantes of the statutes of 10 Ed. III.
and 13 Ric. II., and all other clauses requisite for making the
pardon most effectual. See No. 219. f p. [Dom. Entry Bk.,
Chas. II., No. V., pp. 94, 95.]
Dec. 18. 199. The King to the Governor of Barbadoes. Is so sensible of
Henry Hewet's sufferings and loyalty that he cannot but resent the
injuries done him by one Read, partner to his brother in Barbadoes,
who died in April 1649, bequeathed several legacies to Hewet, his
wife and children, to be paid by Read, as might appear if Read
would produce the will. He is commanded to examine Read, and
if he can, compose the difference, or so effectually recommend
Hewet to the President and Council of the island that he may be
relieved according to the equity of his cause. p. [Dom.
Entry Bk., Chas. II., No. III., p. 17.]
Dec. 27. 200. Result of an agitation at a meeting held at Wells by
the trustees of Ferdinando Gorges, Esq., according to commission
64 COLONIAL PAPERS.
1661.
under his hand and seal, bearing date 23rd May 1661. To the first
article it was resolved that King Charles be proclaimed throughout the
Province of Maine ; the form of Proclamation. To the second article
resolutions were passed for collecting arrears of rent due according
to charter, and that each town of said Province have power to elect
one trustee from among themselves for enacting laws, who are to
appear, after due notice, at Wells on 25th May, at a General Court ;
and the clerks of the writs formerly chosen by the freeholders in
each town to have power to grant attachments in the King's name
and under the authority of Ferdinando Gorges. To the third
article, resolved that notice be given to the inhabitants of the
Province that they, the Commissioners, have taken into their hands
all rentals and properties of Ferdinando Gorges for his use, that
there may be no further intrusion on his rights without order. All
court rolls, books, and writings to be given into their custody at the
next General Court, then and there to be disposed of. To the
fourth article, a due assertion of the proprietor's rights to be pub-
lished at the next General Court and notified by letter to the
Governor of the Massachusetts. The fifth and sixth articles re-
solved in the affirmative ; also to defend all the Lord Proprietor and
freeholders' rights belonging to the Province ; the laws of England
to direct them, until further order be taken by the Lord Proprietor
or the freeholders ; civil and military officers chosen by the free-
holders invested with power to execute their offices. In case of dis-
turbance Major Nicholas Shapley to muster and command the militia,
according to charter, using all possible means for a most speedy
council and advice from the rest of the Commissioners. The form
of a Commissioner's oath. Robert Waymouth having died intestate,
Major Shapley ordered to administer. Henry Jocelyn and Robt.
Jordan appointed Commissioners. Power of administration granted
to Robt. Jordan to the estate of Rich. Leader, on certain con-
ditions. Signed by Fran. Champernoone, Hen. Jocelyn, Nich.
Shapleigh, and Robt. Jordan. Copy attested by Fr. Neale, Secretary.
4 pp. [Col. Papers, Vol. XV., No. 96.]
Dec. 27. 201. Another copy of the preceding. 7 pp. [Col. Papers, Volt
XV., No. 97.]
Dec. 31. 202. Warrant to pay Captain Strange the sum of 320Z. to be em-
ployed and disbursed by him for defraying the charge of importa-
tion and for clothing divers loyal persons sold by the late usurper
for slaves into the Barbadoes and lately arrived in London. [Dom.,
Chas. II., Docquets, Cal., p. 196.]
203. Acts passed in the island of Barbadoes from 1643 to 1762 in-
clusive, carefully revised, innumerable errors corrected, and the whole
compared and examined with the original Acts in the Secretary's
office by the late Richard Hall, Esquire, one of the representatives
in the General Assembly for the parish of St. Michael, and one of
his Majesty's justices of the peace for the said island near 30
years, and since his death continued by his son Richard Hall.
London. Printed for Richard Hall, 1764.
AMERICA AND WEST INDIES.
65
1661.
1661 ?
1661 ?
1661 ?
The titles of the Acts passed in 1661, and printed in this volume,
are as follows :
No. 27. An Act appointing a special court for the speedy
deciding controversies between merchant and merchant, or
mariner and mariner, or merchant and mariner, about freight,
damage, or other maritime cases. 4 July 1661.
No. 28. An Act establishing the Courts of Common Pleas
within this island, declaring also the method and manner of
proceedings both to judgment and execution which are to be
observed in the said courts. 29 Aug. 1661.
No. 29. An Act for the encouragement of all faithful ministers
in the pastoral charge within this island, as also for appointing
and regulating a convenient maintenance for them for the
future. 27 Sept. 1661.
No. 30. An Act for the good governing of servants and
ordaining the rights between masters and servants. 27 Sept.
1661.
No. 31. An Act concerning the conveyance of estates. 27
Sept. 1661. [Col Entry Bk., No. XV.,.pp. 26-45.]
204. Brief account of the men, women, children, and negroes, and
the acres of land planted, in the ten precincts, towns, quarters, and
plantations in Jamaica, amounting in all to 2,458 men, 454 women,
44 children, 514 negroes, 618 arms, and 2,588 planted acres. In-
dorsed, " Account of the militia and inhabitants. 2 pp. [Col.
Papers, Vol. XV., No. 98.]
205. Petition of John Young and Company to the Committee for
Trade. About February 1661, petitioners set forth the Merchants
Delight on a trading voyage for the coast of Guinea ; but about
August 1661, said ship was by the Amsterdam, belonging to the
Dutch West India Company, forced up to Castle de Myne, where
Jasper Van Hewson, General of said Company, sei/ed the ship and
lading, and imprisoned the master and about 30 men for six weeks ;
after which they were turned out to shift for themselves, and 'tis
feared most of them are perished, only four having returned. Pray
relief for the loss proved in the Court of Admiralty to be 22,OOOiL
1 p. [Col. Papers, Vol. XV., No. 99.]
206. List of eight ships hired by the Royal Company for
Guinea, viz., the Victory, English built, 350 tons ; the Dolphin,
Dutch built, 350 tons ; the African frigate, English built, 140 tons;
the Faithful Advice, 260 tons ; the John, Capt. North, frigate, Eng-
lish, 140 tons ; the Martha frigate, English, 200 tons ; the Charles,
130 tons, and the Blackamoor. [Dom., Chas. II., Vol. XLVIL,
No. S, Cal, p. 209.]
207. Lord Chancellor Clarendon to Sec. [Nicholas ?]. Sends
papers on the negotiations, with his 'opinions, for nobody's view
but his own. Asks him to re-deliver the papers he gave him con-
cerning New England. [Dom., Chas. II., Vol. XLVIL, No. 37,
Cal., p. 205.]
M 605. E
66 COLONIAL PAPERS.
1661 ?
208. Petition of John Madden and Henry Wyatt to the King.
There is no external badge to distinguish baronets from knights
bachelors, though the Orders of the Garter, the Bath, and Nova Scotia
have such a badge. Pray that they may be empowered to provide
distinguishing medals. [Dom., Chas. II., Vol. XLVIII., No. 78,
Cal, p. 223.]
1661-1672. 209. Note Book of Sir Joseph Williamson concerning the " Plan-
" tations : Booke the First." On the first and second pages are
the following mem. : SURINAM hath free trade, without all custom.
The French King grants a free trade to all his plantations in
the LEEWARD ISLANDS. Names of " our Foreign Dominions " and
the governors of some, as follow : At the CARIBBEE ISLANDS and
SURINAM, on the Continent of GUIANA, Lord Willoughby ; JAMAICA,
Sir Thos. Modyford ; VIRGINIA, Sir W. Berkeley; LONG ISLAND,
MANHADAS, &c., his Royal Highness [the Duke of York] ; NEW
ENGLAND in several colonies, MASSACHUSETS, CONNECTICUT, NEW
PLYMOUTH, Governor and Council ; RHODE ISLAND and PROVIDENCE
PLANTATIONS, Governor, Deputy-Governor, Assistants, &c. ; BERMU-
DAS, a Governor and Company, Earl of Manchester ; MARYLAND, Lord
Baltimore ; CANADA or NOVA SCOTIA, Sir Thos. Temple ; BOMBAY,
in the East Indies, TANGIERS, ISLE OF PROVIDENCE alias SANTA
CATHARINA.
* The contents of this volume will be found calendered under the
respective dates of the entries. [Col. Entry Bk., No. 92.]
1662.
[Jan. 2.] 21O. Representation of Sir Lewis Kirke and John Kirke concern-
ing Acadia or Nova Scotia. For what concerns those three bulwarks
or fortresses in Nova Scotia, by the French Ambassador pretended
unto, they represent as follows : 1. It is a thing remarkably known
that the whole tract lying on either side of the river Canada, long
known by the names of Nova Francia and Nova Scotia, was first
discovered at the charges of Henry VII., and afterwards of Queen
Elizabeth ; nor was it known to any other Christian Prince till,
about 1600, some French seized on the tract of land on the north
side of the river, and in 1606, under the Lord de Monts and M. de
Poutrincourt, possessed themselves of L'Acadie on the south side,
usurping for many years possession and sole liberty of commerce
there. 2. In 1621 King James, looking on the possession of the
French as an invasion, granted to Sir W. Alexander (afterwards
Earl of Sterling) L'Acadie by the name of Nova Scotia, who in
1622 and 1623, after Sir Sam. Argal had driven out Biard Masse
and demolished their fort, planted a colony therein and kept posses-
sion for about two years, when upon the marriage of Charles I. with
the Lady Henrietta Maria, Nova Scotia was returned to the French.
3. In 1627 a war arising, Sir David Kirke, his brethren and relations,
by his Majesty's commission sent out nine ships to expel all the
French from the River Canada, and seized 18 French ships, with
135 pieces of ordnance, designed for the relief of Royal Fort [Port
Royal] and Quebec, under command of M. de Rochmand and de La
Tour, father of the Governor of Royal Fort, whom with said ships and
AMERICA AND WEST INDIES. 67
1662.
guns they brought to England. In 1628 they possessed themselves
of the whole of Canada, with the castle of Quebec, Sir Lewis Kirke
being then constituted Governor, and Sir Wm. Alexander, assisted
by Kirke, of the whole of Nova Scotia ; the region south of the river
falling into possession of Sir Wm., and north into that of the Kirkes.
4. On March 29, 1632, peace being concluded, it was agreed that all
the forts, as well in L'Acadie as in Nova Francia, should be restored
to the French King, which was exactly performed ; but on the part
of the French nothing was ever performed, so that the Kirkes suffered
loss to the value of 5,0001., which remains unpaid to this day. 5. In
1633 the King taking notice that though the forts were to be deli-
vered to the French, the English were not to be excluded from
trade in those regions, on May 11, 1633, in consideration of 50,000?.
laid out by the Kirkes on the fort of Quebec, and of their ready
obedience in resigning same at his command, granted to Sir Lewis
Kirke and his brother; John Kirke, for 31 years not yet expired, full
privilege not only of trade in the river Canada, but to plant colonies
and build forts where they should think fit. 6. By virtue of which
commission they in Feb. 1633-4 sent the Mary Fortune laden with
goods to those parts, where she was seized, carried into France, and
confiscated, to the value of 12,OOOZ. ; and though Lord Scudamore, the
Ambassador, and John Kirke often urged that the moneys due to the
Kirkes and the ship and lading might be restored, they could obtain
nothing. 7. In 1654 Cromwell on consideration of the premises sent
forth several ships under the command of one Sedgwick, who subdued
said forts in Nova Scotia ; and though in 1655 commissioners were
appointed for deciding the controversy about the restitution of said
forts to the French, nothing was done, and the commissioners never
met within the three months, as provided in the treaty. So that
now the case is very clear that possession remains to the English.
1. It is insisted that there was a continued right of traffic in those
parts, vested in the English, that no surrender for the time being of
the forts could infringe or extinguish. 2. The forts taken in 1628
were restored to the French in 1632, under conditions which were
never performed to this day, and therefore should return to their
former estate. 3. And for this reason the fortress of Quebec may
be justly demanded back by the Kirkes, by greater reason than those
in Nova Scotia are challenged by the French. 4. But as the French,
not content with their unjust detaining of Quebec, notwithstanding
liberty of traffic and his Majesty's special commission, seized on the
Mary'Fortune, why should the French Ambassador complain against
Cromwell because he seized those forts and restored them to the
English ? For though he could not acquire them to himself nor yet
derive them to another (viz., Col. Temple), yet those forts with no
less right submit to his Majesty than Dunkirk or Jamaica. 5. Hope,
therefore, that his Majesty will order that the forts above mentioned
(whether it shall seem good to him to retain, restore, or dispose of
them) may be liable to satisfy all such losses as the Kirkes, above all
other English, have sustained by the French. " This is a true trans-
lation, made Sept. 10, 1667. Wm. Turner." 10 pp. [Col. Papers,
Vol. XVI., No. 1.]
E 2
68 COLONIAL PAPERS.
1662.
Jan. 2. 211. Copy of the above representation in Latin. With " a sum-
mary [in English] of the fact on the behalf of Sir Lewis Kirke and his
brother John Kirke and others, as to their concernment in the three
forts in America claimed by the French Ambassador." Also the
opinion of Robt. Mason, that the Kirkes ought to have their losses
" provided for " from France, or else reprisals granted. Latin and
English. 9 pp. [Col. Papers, Vol. XVI., No. 2.]
Jan. 2. 212. Another copy of the above representation. Latin. 8 pp.
(Col Papers, Vol. XVI., No. 3.]
[Jan. 9.] 213.. Petition of Owen Martin and Humphrey Seaward, merchant,
to the King. In the middle of June 1660, petitioners made discovery
by a petition of concealed goods in the West Indies, of which his
Majesty granted them the moiety, near 250Z., and ordered the other
moiety to be brought into his Majesty's Exchequer. Three months
after Lord Willoughby with a high hand gets the broad seal for the
whole to his own use, to the ruin of one and the great damage of
the other petitioner. Pray for a confirmation of said grant and
power to receive said goods from Lord Willoughby, and if the
truth of this petition be doubted, to give petitioners opportunity to
prove it. With reference to the consideration of his Majesty's Privy
Council. Whitehall, 9 Jan. 1661-2. Also,
Order of the Privy Council that petitioners make good their
pretensions, and produce his Majesty's grant. Whitehall, 1661-2,
7 Feb. Annexed,
213. I. Warrant to the Attorney-General to prepare a commission
empowering the Governors of Barbadoes and St. Christo-
pher's, Owen Martin and Humphrey Seaward, merchant,
to call to account the commissioners appointed by the late
usurped powers for prize goods on those islands, and to
receive such as remain in their hands ; one half to be for
the King's use, and the other for Martin and Seaward, " in
consideration of Col. Veale, who is to partake therein."
Draft with corrections.
213. IT. Certificate concerning concealed prize goods. That there
was a petition referred to the Lords of the Treasury after
his Majesty's happy arrival, by Messrs. Owen Martin and
Humphrey Seaward, informing of prize goods in the West
Indies, Barbadoes and St. Christopher's, unaccounted for to
his Majesty. Afterwards a person that had very faithfully
served the King, Col. Veale, joined with them, and his
Majesty made a grant, reserving a moiety to himself, and
wrote several letters. How the obstruction since arose,
petitioners can inform. 1661, Dec. 19. 3 Papers. [Col.
Papers, Vol. XVI., Nos. 4, 5, 6.]
214. Petition of Owen Martin and Humphrey Seaward to the
Privy Council. Having produced their grant according to the
order on their petition annexed ,beseech their Lordships to appoint a
short day of hearing, and Lord Willoughby to make good his claim,
and to give to each party his right. In another hand is written,
" For a hearing about prize goods." Annexed,
AMERICA AND WEST INDIES. 69
1662.
214. i. The King to Thomas Modyford, Governor of Barbadoes,
or any other Governor of the Island, Owen Martin, and
Humphrey Seaward. Whereas during the late unhappy dis-
tractions within his Majesty's dominions, commissioners
were appointed for prize goods in Barbadoes, who still
retain prize goods, unaccounted for. They are commanded
forthwith to examine the accounts of said commissioners,
and receive from them all such goods remaining in their
hands which are by the first opportunity to be shipped for
England, consigning the full half for his Majesty's use to
John Loving, one of the tellers of the Exchequer. His
Majesty grants to said Martin and Seaward the other half,
for their care and pains in discovering the same. Signed
by the King and countersigned by Sec. Sir Win. Morrice.
Whitehall, 1660, December 10.
214. n. The King to Clement Everard, Governor of St. Christo-
pher's, or any other Governor there for the time being.
Duplicate of the preceding. Signed by the King and counter-
signed by Sec. Sir Wm. Morrice. Together 3 papers. %\pp.
[Col Papers, Vol. XVL, Nos. 7, 8, 9.]
Jan. 16. 215. Orders of the Governor and Council of Jamaica. Present
Edward D'Oyley, President and Governor ; Col. Sam. Barry, Lieut. -
Col. Henry Archbold, Col. Rich. Wilbraham, Major John Cope,
Sec. Rich. Povey, and Capt. John Harrington. That trading and
shipping be priviledged to the inhabitants of Port Morant, without
application to the Governor, provided it tend not to the neglect of
masters of ships coming to this harbour. That Mr. Seaman pay his
wife 10s. weekly, and the next justice of the peace see it performed.
That the Act of 3rd July last, prohibiting the taking of horses, be
annulled. That if Lieut. Owen do not prove before two justices of
the peace within 10 days, that Rich. Williams was knowing of his
wife's being with child when he married hsr, he shall lose the debt
of 1,000 Ibs. tobacco, owing to him. That relief sufficient for pro-
visions and repairs by the sale of negroes be afforded to Leonard
Johnson, captain of the Martin Vanrosen, of Middleburgh. If pp.
[Col. Entry Bk., No. 34, pp. 39, 40.]
Fan. 22. 216. Sir Balthazar Gerbier Donnely to the King. Having seen
Reading, his Majesty's proclamation for encouraging planters in Jamaica,
thought it his duty to represent to his sacred view these following
annotations. Whereas his Majesty grants but 30 acres per head,
the West Indian Company of the United Provinces grants 50 ; they
also give the whole profit of gold and silves mines for 10 years
gratis, and allow full liberty of conscience, as being a prevalent bait
to most men, and thus allure both merchants and planters ; and to
make them yet more great, the States of the United Provinces
are hastening to a treaty with the King of China, the secret and
depth of which a zealous person offers to discover to his Majesty, or to
the East India Company. If his Majesty thinks of extending his
power in the West Indies, by throwing open the gold mines which
a Spailiard told his late Majesty existed in Jamaica, and showing the
70 COLONIAL PAPERS.
1662.
possibility of acquiring great gain and booty in the Gulf of Mexico,
Yucatan, and other adjacent places, it would draw a number of
adventurers far more considerable than bare planters, who must be
transported and maintained at his Majesty's own vast expense.
And this will be furthered if his Majesty will hear the report of the
Lord Privy Seal, which contains expedients of far more great con-
sequence than the possessing of Lima and Potosi, for the furthering
of which 600,000. ready money will be produced. " Which truth
(the Lord Privy Seal having made his report) shall endure the
test, though it were laid in the balance sustained by the hands of
those forgers of falsehoods who have abused my innocency, fidelity,
and zeal." Indorsed by Sec. Nicholas, Received 23rd January.
2 pp. [Col. Papers, Vol. XVI., No. 10.]
Jan. 22. 217. Report of Lord Windsor, Governor of Jamaica. On petition
of William Garrett for a small island near Point Marrant [Morant],
on the north side of Jamaica, and 2,000 acres on the main island
adjoining ; that he was very willing to grant the same. ^ p. [Doni.
Entry Bk., Chas. IL, No. 13, p. 52.]
Jan. 27. 218. Statement by Benj. Denham, chaplain of the Earl of Win-
ch elsea, charging the Marquis of Dorchester with Jesuitism and Popery,
and alleging, among many other matters, that whatsoever is treated
of in the Privy Council concerning the Roman Catholics is by the
Marquis presently discovered to Lord Brudenell and Lord Baltimore,
who is Governor or (it may be said) Lord Paramount of Maryland in
the West Indies, and whose chaplain, John Lugar, an English rene-
gade and now a Romish priest, was made one of the judges, and as
it were vice-gerent to Lord Baltimore in Maryland in the time of
Charles I. [Dom., Chas. II., Vol. XLIX., No. 97, Gal., p. 255.]
Jan. 28. 219. Grant of pardon to Anthony Strange, late of Barbadoes, for
and concerning the death and felonious killing of George Bowyer,
together with restitution of lands and goods, and such other clauses
and non-obstantes as are usual in pardons of like nature. [Dow.,
Chas. II., Locquets, Gal., p. 256.]
Jan. 30. 220. Warrant from Henry Jocelyn and Robt. Jordan, Commis-
sioners in his Majesty's name and under the authority of Ferdinando
Gorges to summon the freeholders [of the Province of Maine] on the
last day of March to elect one of their best and ablest men to act
in their interest in the Prudental affairs of this Province to appear at
Wells on 25th May next. Certified copy by Francis Neale. Also on
same sheet.
Jan. 30. Similar warrant for the inhabitants to produce on 25th
May next to the General Court a.t Wells all deeds, conveyances, and
Acts by which they claim any interest or possession to lands or
privileges within this Province, " which extends from Piscataqua
river along the coast unto the river of Sagadahock, and so to the
head of Kennebeck and 120 miles in the mainland." [Col. Papers,
Vol. XVI., No. 11.]
AMERICA AND WEST INDIES.
71
1662.
Feb. 3.
Jamaica.
Feb. 6.
Feb. 7.
Westminster,
221. Captain Richard Whiting to the Principal Officers of his
-^ a J est y' s Navy. Has safely arrived with passengers from Barba-
does > though fewer than expected, by reason of the great rains,
' and the President's averseness from serving his Majesty in the
settling of Jamaica. Knows not how long they will tarry, but fears
they will want provisions, unless some recruits be sent out of
England. 1 p. [Col. Papers, Vol XVI., No. 12.]
222. Minutes by Sec. Nicholas concerning New England. The
inhabitants of Connecticut desire a charter to incorporate them.
Those of the Massachusetts from Boston desire a confirmation of
their corporation. There are four colonies in New England all
joined, viz., Plymouth, Massachusetts, New Haven, and Connecticut.
Those of the Isle of Rhodes desire a charter of incorporation. Corn
and fish now coming in two ships from New England ; they main-
tain and supply the plantations of Barbadoes and Jamaica. 1 p.
[Col. Papers, Vol XVI., No. 13.]
223. Patent of incorporation of the Company for Propagation of
the Gospel in New England and the parts adjacent in America.
Whereas by several discoveries and successful plantations of his
Majesty's subjects, his Majesty's dominions have been augmented
upon the main lands and islands of America, trade increased, and by
the pains of certain English ministers of the Gospel and others residing
in or near New England, who have attained to speak the language
of the heathen natives, many of them have been brought from the
kingdom of Satan to the knowledge of the true God and profession
of the Protestant religion. Yet unless provision be made for educa-
ting, clothing, and civilising the poor natives and supporting the
ministers, schoolmasters, and other instruments employed in this so
Christian a work, the same may be discouraged, those planters who
began it being unable to bear the whole charge thereof. And
whereas his Majesty resolves not only to seek the outward
prosperity of those colonies, but more especially the salvation of
their immortal souls, and the publishing of the most glorious Gospel
of Christ among them ; his Majesty of his princely piety consti-
tutes Edward Earl of Clarendon, Lord Chancellor of England,
Thomas Earl of Southampton, Lord High Treasurer of England,
John Lord Robartes, Lord Privy Seal, George Duke of Albemarle,
James Duke of Ormond, Edward Earl of Manchester, Lord Cham-
berlain of the Household, Arthur Earl of Anglesey, William
Viscount Say and Sele, Francis Warner, Alderman of London,
Erasmus Smith, Esq., Henry Ashhurst, Richard Hutchinson, Joshua
Woolnough, George Clarke, Thomas Speed, Thomas Bell, John
Rolfe, citizens of London ; Robert Boyle, Esq. ; Sir William Thomp-
son, Sir William Bateman, Sir Anthony Bateman, Sir Theophilus
Biddolph, Sir Lawrence Bromfield, Knights ; Tempest Milner,
William Love, William Peake, Aldermen of London ; Thomas Foly,
Thomas Cox, John Micklethwaite, Edmund Trench, Doctors in
Physicke ; Charles Doyley, Thomas Staynes, John Jurian, William
Antrobus, John Bathurst, Harman Sheafe, Thomas Gillibrand,
James Hayes, John Benbowe, Lawrence Brinsley, Barnabas Meares,
72 COLONIAL PAPERS.
1662.
John Acrod, John Dockett, Edward Boscowen, and Martin Noell,
citizens of London, to be, with their successors, a body corporate
and politic by the name of the Company for Propagation of the
Gospel in New England and the parts adjacent in America, to have
continuance for ever. With power to meet from time to time
within the city of London, to purchase and hold lands, hereditaments,
&c., so as the same exceed not the yearly value of 2,000?., and also
all manner of goods and sums of money, and to dispose of the same,
and do any other lawful act, plead and be impleaded, &c., in as
ample manner as any other person or corporation, and have a com-
mon seal. And his Majesty appoints the aforesaid Robert Boyle to
be the first Governor of the Company during good behaviour, with
power to summon courts or meetings ; and on the death or removal
of the Governor, who for evil government or other reasonable cause
may be removed by the Company or any 13 of them, the Company
or any 13 of them may elect any other member of the Company in
his place. And in the absence of the Governor the treasurer shall
summon meetings, and appoint one of their members to supply the
place of the Governor. And it shall be lawful for any 13 or more
of the Company (of whom the Governor to be one) to remove any
persons from being members of the Company and admit any others
in their stead, so as the whole number of members exceed not 45 ;
and to choose a treasurer or treasurers, and other officers; with
power to make or ordain orders, instructions, &c. for the managing of
their lands, goods, money, stock, &c., so as the same be not repug-
nant to the laws of England ; also to appoint Commissioners in New
England to contract and agree with such ministers, schoolmasters,
and others for the employment aforesaid, and for clothes, books,
tools, &c., for civilising, employing, educating, or placing out the
natives or their children that shall profess the Protestant religion in
English families and with English masters, giving accounts in
writing to the Company of their proceedings. And that a supply
of foreign coin may not be wanting for the purposes aforesaid, his
Majesty grants licence to the Company to ship in any English ship,
in any port of England, any quantity of Spanish or other foreign
silver coin not exceeding the value of 1 ,0001. in any one year, with-
out any custom, so as the quantity and value thereof be first
entered in the custom house of said port. His Majesty also ordains
that the Company shall yearly, if required by order of the Chancellor
or Keeper of the Great Seal, the Treasurer of England, and the
Chief Baron of the Court of Exchequer, or any two of them, deliver
a perfect account of all the goods and stock of the Company, and of
the profits of all their lands and tenements, &c., and of all sums of
money received and paid by or for them ; which account, as also
those of all employed by the Company, his Majesty requires the
said Chancellor or Lord Keeper, Treasurer, and Chief Baron, or
any two of them, to hear and determine, and if they find just cause
to ratify and sign, and deliver to the Remembrancer of the Ex-
chequer to remain of record without any fee otherwise than for the
entry and writing thereof. And these Letters Patents shall be con-
strued most beneficially for the said Company, any law, statute,
AMERICA AND WEST INDIES.
73
1662.
proclamation, matter, or thing to the contrary notwithstanding.
membs. [Pat, Roll, 14 Ghas. II., Part 11, No. 17.]
Feb. 7. 224. Order of the King in Council, directing the Committee for
Whitehall. Foreign Plantations to meet on the 10th inst. and take into consi-
deration the interests of the several pretenders to Nova Scotia, and
all business relating thereto, that all persons concerned do then and
there attend, and that said Committee report to this Board their
sense of the whole matter on the 14th inst. 1 p. [Col. Entry Bk.,
Vol. IX., p. 17.]
225. " Claim by the French Ambassador in Council," for the
restitution of Acadia. The Ambassador in the name of the King
his master represents, that in 1654 some private subjects of Eng-
land, under pretence of reprisal upon the French, possessed them-
selves of Ports Royal, St. John, and Pentagouet, in New France,
with the countries thereupon depending. Complaints were made
in 1658, as also of the violences of one Temple, calling himself
Oliver Cromwell's Lieutenant in America, in the house of one
De la Have ; upon which it was ordained that for regulating the
differences of both nations, and doing justice upon said usurpations,
Commissioners should be named ; which remained without effect by
reason of the uncertain posture of Government in England. Now
that all things are re-established in a lawful Government, the
Ambassador represents that said usurpations were made in full
peace, and therefore his Majesty cannot refuse to command a present
restitution of said forts and houses usurped. And forasmuch as it
may seem that the said restitution should be examined by Commis-
sioners, with clear accounts of depredations and reprisals mutually
suffered by both nations, because it was so pretended by the late
Richard Cromwell ; the Ambassador acknowledges that the losses
suffered in the taking of those forts by carrying away moveables,
arms, ammunition, merchandise, &c., may be referred to Commis-
sioners, but as to the forts and countries usurped, being pure rights
of sovereignty not contested, he thinks that the King of Great
Britain will make no difficulty to command them to be forthwith
restored. See No. 241. 2 pp. [Col. Papers, Vol. XVJ., No. 14.]
Feb. 7. 226. " Answer to the Ambassador of France, or rather Mons.
" Le Bourne, his claim to Acadia and Nova Scotia." The claims of
England to Pentagoet, St. John's, Port Royal, and La Have, as first
possessed by the subjects of that King, and granted to Sir Wm.
Alexander and La Tour. The hostile proceedings of Le Bourne in
August last, in forcibly taking possession of La Have ; his barbarous
usage of the English, turning them upon an island to live upon grass
and wade in the water for lobsters to keep them alive, and imprison-
ing them at Rochelle. That Nova Scotia is of great importance to
his Majesty, and as it borders upon New England it would be
neither safe nor honourable to give it up, for that would enable the
French to invade and infest New England at their pleasure. And
since Le Bourne has surprised our plantation and fishing vessel, we
may use the Ambassador's words, and hope for that natural justice
common to all nations (as he calls it) Spoliatus ante ortinia resti-
A
74 COLONIAL PAPERS.
1662.
tuatur. Signed by Tho. Breedon. Indorsed, "Received 19 Feb.
1661-2. read in Council 19 Feb. Mr. Thos. Eliot concerning Nova
Scotia." 2 pp. [Col Papers, Vol. XVI., No. 15.]
[Feb. 7.] 227. Copy of the preceding. Indorsed by Williamson, " Answer
to Le Bourne's pretensions." 3 pp. [Col. Papers, Vol. XVI.,
No. 16.]
Feb. 8. 228. The King to Lord Windsor, Governor of Jamaica. On
Whitehall, petition of William Borton, formerly of London, woollendraper, his
Majesty, reflecting on petitioner's present condition, occasioned by
his faithful endeavours for his Majesty's service, is pleased to recom-
mend him to Lord Windsor for such employment in the army there,
or otherwise, as his Lordship shall think him capable of. p.
[Dom. Entry Bk., Chas. II., No. 13, p. 50.]
[Feb. 12.] 229. Petition of John Winthrop in behalf of the colony of Con-
necticut to the King. That since inhabiting the more westerly parts
of that wilderness, petitioners have not had any opportunities, by
reason of the late sad times, to seek for Letters Patent from his
Majesty to encourage them to go on through all difficulties and
expenses in so great a work of plantation in a place so remote from
the Christian world, and a desert so difficultly subdued and far
separated from the other English plantations, not only by the vast-
ness of the mountains of a dismal wilderness, but also by the habita-
tions of the greatest nations of the heathen Indians of these parts,
and where besides is much that hath been expended by their fathers
and some of their associates yet surviving, for purchasing, building,
culturing, and improving the place of their present abode. Peti-
tioners have also laid out a very considerable sum for purchasing the
grants of the estates and patent rights of those patentees who had
possessed and planted the lower part of Connecticut river, with
which grant his Majesty's poor subjects have contented themselves
in all those afflicting times, not seeking to [from] any of the late
rebellious powers for further privileges, but now, upon his Majesty's
happy restoration, petitioners address themselves to their liege prince
and sovereign. May it therefore please his Majesty to confirm to peti-
tioners the like powers, liberties, and privileges to his colony of Con-
necticut, bounded on the east by Narragansett river (where the bounds
of New Plymouth end), on the north by the line of Massachusetts, on
the south by the ocean, and in longitude as the line of Massachusetts
runneth from east to west with the islands adjoining, possessed by
petitioners, as were formerly granted to the other plantations of
New England, to be held of his Majesty by virtue of a charter to be
granted to petitioners, John Mason, Samuel Willis, Henry Clarke,
Matthew Allen, Nathan Gold, Richard Treat, Richard Lord, Henry
Woolcott, John Talcot, Daniel Clarke, John Ogden, Tho. [? Jo.] Tappen,
Thomas Wells, Obadiah Brewen, John Clarke, Anthony Hawkins,
John Denning, and Matthew Camfield, being principal persons of
said colony. With reference to the Attorney-General to advise and
certify what powers, privileges, estates, and interests he thinks fit
for his Majesty to grant. Whitehall, 1661-2, February 12. Also Re-
port of Attorney-General Sir Geoffrey Palmer that he has considered
AMERICA AND WEST INDIES. 75
1662.
the papers annexed, and conceives the powers therein contained may
be granted as desired, saving only as to freedom from customs, the
consideration whereof is proper for the Lord Treasurer. The Charter
for Connecticut is dated 23rd April 1662, see No. 284. ! pp.
[Col. Papers, Vol. XVI., No. 17.]
Feb. 15. 230. Report of Robert Mason, JohnExton, G. Sweet, W. Turner,
and Sir Rich. Ford, Doctors of Laws, to the King. On petition of
Robert Mason, proprietor of the province of [New] Hampshire, and
Edward Godfrey, late Governor of the province of Maine, according
to the King's reference of 17th Nov. 1661. That John Mason, grand-
father to Robt. Mason, one of the petitioners, by virtue of several
grants, and Edw. Godfrey, have been in actual and quiet possession
of several great tracts of land in New England, and that said John
Mason laid out very large sums of money in settling plantations
there. That Godfrey lived there for twenty [four] years, having
discharged the office of Governor of Maine with much reputation,
but he hath not only been turned out of his place of Governor, but
hath been utterly despoiled of his lands and estate in that country,
which the inhabitants of Massachusetts have seized and detain from
him to his very great loss and ruin. That the corporation of the
Massachusetts rested content with the division agreed to by their
Governors about 30 years since, until 1652, when they stretched above
80 miles beyond their known and settled bounds, and have thereby
liot only invaded and encroached upon the plantations and inhe-
ritance of the petitioners, but by menaces and armed forces have
compelled them to submit to their usurped and arbitrary govern-
ment, which they [of the Massachusetts] have declared to be inde-
pendent of the Crown of England. It appears further that the
colony of the Massachusetts have for many years past endeavoured
to model themselves into a free state without any relation to the
Crown of England, issuing writs in their own names, imposing
oaths to be true to themselves contrary to that of allegiance, coin-
ing money with their own stamp and signature, exercising arbitrary
power, and allowing no appeals to England. Some have publicly
affirmed they would oppose any Governor sent by the King, and
rather than submit any appeal to England would sell their colony
to the King of Spain. That said Robt. Mason has been damnified
to the value of 15,000?. Do not presume to offer any opinion in a
business of so high importance. With mem. that the original was
delivered to Sec. Sir Wm. Morrice. 2 pp. [Col. Papers, Vol. XVI.,
No. 18.]
Feb. 17. 231. The King to Edward Earl of Manchester, Lord Chamber-
Whitehall, lain and Governor of the Bermudas. Inclining to grant to Henry
Killigrew and Robt. Dongan the estates of Owen Rowe, Cornelius
Holland, and Sir John Danvers, become forfeit in the Ber-
mudas upon attainder of the horrid murder of his Majesty's late
dear Father, his Majesty's pleasure is that the Council forthwith
certify to his Majesty an exact account of all the possessions and
rights whereof any of the said Rowe, Holland, or Danvers were
possessed in 1648, or at any time since. Countersigned by Sec.
76
COLONIAL PAPERS.
1662.
Nicholas. 2 pp.
pp. 47-48.]
Two copies. [Col. Entry Bk., No. \7 , fly-leaf and
[Dom. Entry Bk., Chas. II.,
Feb. 17. 232. Duplicates of the preceding.
No. III., p. 25 ; also No. IV., p. 95.]
Feb. 19. 233. Order of the King in Council. On consideration of a
Whitehall, memorial exhibited by Thomas Lord Windsor, Governor of Jamaica,
that the Frenchman who is Governor of Tortodoes and was commis-
sioned by Colonel D'Oyley, then Governor of Jamaica, at the re-
commendation of the then Council of State, hath since refused to
obey his orders, and hath imprisoned Colonel Arundell, sent to
supersede him, and that the Plantation is of great consequence to the
security of Jamaica, as it may interrupt all passage between
England and the Windward Isles, ordered that Lord Windsor use
his utmost endeavours to reduce said Frenchman and said island
to obedience. 1^- pp. Two copies. [Col. Papers, Vol. XVI., Nos.
19, 20.]
Feb. 19. 234. Draft of preceding order with corrections. [Col. Papers,
Whitehall. Vol. XVI., No. 21.]
Feb. 19. 235. Another copy of the above order in Council. [Col. Entry
Whitehall. Bk., No. 92, pp. 31, 32.]
Feb. 20. 236. Warrant to pay to James Earl of Marlborough 1,0001. of
the King's free gift and bounty to him for and towards the prepa-
ration and personal provisions he is to make for his intended voyage
to the [West] Indies. [Dom., Chas. II., Vol. L., No. 71, Col.,
p. 279.]
Feb. 20. 237. Warrant to pay to Henry Stubbs, the King's physician for
Jamaica, 200?. for preparations and provisions for his Majesty's service
in those parts. [Dom., Chas., II., Docquet]
Feb. 22. 238. John Shaw to Joseph Williamson. John Mann, a son of his
kinsman, has obtained Letters Patent as Surveyor of the island of
Jamaica, but the present Governor has refused to allow him any-
thing towards his charges ; desires him therefore to draw up a letter
to Lord Windsor, for his Majesty's signature, requiring his Lordship
to acknowledge John Mann as Surveyor-General of the island, with
the usual allowances for that office and Registrar. Has spoken with
Secretary Nicholas on the subject. 1 p. [Col. Papers, Vol. XVI.,
No. 22.]
Feb. 24. 239. Petition of Cicely Dowager Lady de la Warr to the King.
Her deceased husband, Thomas Lord de la Warr, had, by the expense
of his and her estate, advanced the plantation and trade of Virginia,
when it yielded nothing, to the great advantage and benefit of the
nation and the crown, but to the impoverishment of his wife and
children ; in consideration whereof King James I. on Sept. 20 in
the 17th year of his reign granted to petitioner, her executors,
administrators, or assigns, an annuity of 5001. for 31 years payable
out of the customs, subsidies, and duties, and all merchandise what-
soever imported from Virginia ; since the year 1640 petitioner has
AMERICA AND WEST INDIES. 77
1662.
received nothing, and now prays that the pension may be granted
to her for the natural life of her daughter Jane West. See No. 249.
[Dom., Chas. II., Vol. LL, No. 12, Gal, p. 283.]
[Feb. 26.] 240. Petition of Thomas Temple to the King and Privy Council.
Has for divers years past remained in Nova Scotia, and arrived
thence, but on Thursday last. Was utterly ignorant of what hath been
pretended to Nova Scotia by the French Ambassador, or any other,
and is not yet able to understand what their pretences are. Doubts
not to prove, not only a sufficient title to the premises to be held
under his Majesty, and that petitioner came lawfully to the acquisi-
tion and right thereof, with the expense of vast sums of money, but
also that the conservation of Nova Scotia to his Majesty's crown is
of vast concernment. Prays to be allowed a competent time to look
up all his evidences and instruct counsel, and for a copy of what the
French or any other did offer. Indorsed, "Read in Council ye
26th Feb. 1661-2. To be heard 7th March next. Read in Council
the 7th March 1661-2." 1 p. [Col. Papers, Vol. XVI., No. 23.]
1662 ? 241. " Answer to the French Ambassador's claim to the forts and
countries in America (Nova Scotia), exhibited in the behalf of the
Lord La Tour, Temple, and Crowne, Proprietors." In 1654 Crom-
well took said forts and countries from the Lord La Tour, not as
reprisals from the French, but as holding under the Crown of Scot-
land, as by grant of 40 years date will appear ; nor are they any
part of New France as his Excellency affirms, nor lieth near by 200
leagues, but said forts lye in New Scotland, and the sovereignty
belongs as properly to his Majesty as Old Scotland doth ; nor were
they ever in possession of the French, but when they got them from
the English, except Port Royal, and that belonged to the Scotch
originally. They never heard of any complaints in 1658 of violence
committed by Temple in the house of one De La Have, neither is
there any such man in the land, but there is a place so called, which
Temple purchased from La Tour and where he built a house;
but one M. Leborny, two or three years since by force took it, so
that the violence was on Leborny's part, who by the King of France's
commission was not to meddle with the English. Neither do they
know that any persons were ordained for regulating said differences,
but in the league of 1656 there was such an article and a time fixed
to perfect it, wherefore they conceive the country was taken as
belonging to Scotland, for Cromwell restored it to La Tour. And
La Tour is condemned in France as a traitor, for constant adhering
to the English. In Richard Cromwell's time the French offered to
give up all claim to the country, so as they might enjoy from La
Have northward to New France (or Canada). And the King of
France by proclamation at Rochelle prohibited his subjects to come
near them in New Scotland. As to losses, they conceive none have
lost but La Tour, for he had arms, ammunition, and merchandise
taken away, and the soldiers demolished Port Royal and burnt the
chief house. Pray that his Majesty's subjects may not be delivered
to any foreign Prince or their country be taken from them ; that there
may be a commission to examine witnesses, and La Tour and Temple
78 COLONIAL PAPERS.
1662?
sent for over, that they may in person make their just defence.
There is not a person that holds any land there under the Great
Seal of France, or ever did, but under Scotland. 1 p. [Col. Papers,
Vol. XVL, No. 24.]
242. The title of the English to Nova Scotia, and the com-
modities it yields. Nova Scotia, or Acadia (as the French call it),
was discovered by the English to the river Canada in the reign of
Henry VII., and further discovered in 1585. " See Hakluyt's 3rd
Volume, and Purchas his Pilgrimage, 8th Book." In 1627 and 1628
there happened a war with France, and Sir Lewis Kirke, John
Kirke and partners, and Sir Wm. Alexander, surprised Port Royal,
Fort Quebec, Cape Breton, and other places. On 24th April 1629,
acts of hostility were to cease, and all taken to be restored, to
the great damage of the Kirkes. On March 29, 1632, by an Article
of Agreement, Acadia, Canada, Port Royal, Quebec, and Cape
Breton were to be delivered to the French, and the French King
to pay 4,436?. to Sir Lewis Kirke by Du Cape, but protected by
the French King he could not be compelled to pay the same. The
llth May 1633, our Sovereign, in consideration of 50,000?. charges
the Kirkes had been at in surprising Quebec, granted to Lewis
Kirke the sole trade in the river, gulfs, lakes, and adjacent islands
and continent, for 31 years. In Feb. 1633-4, Kirke sent out the
Good Fortune to the River Canada, there being peace with France ;
the Boncontempt [sic.] overpowered her and brought her to Dieppe,
where she was confiscated. For this ship, worth 12,000?., and the
4,436?., no redress was granted. In 1654 Cromwell seized Port
Royal, Fort St. John, Pentagouet, &c. ; and November 3rd, 1655, the
French referred that and^other differences to arbitration. 1. " Acadia
lies between 42 and 45 north laj;. including the Great River
of Canada, which contains the Gulf of St.. Lawrence, which at the
entrance is 22 leagues broad, and extends itself 800 miles west by
south into many great lakes lying on the backside of the English
Plantations; it may therefore concern his Majesty to keep the
places demanded by the French Ambassador, and to plant colonies
up and down Canada and Nova Scotia." 2. It is fertile in corn
and pasturage. 3. It is stored with pitch, tar, hemp, masts, timber,
furs. 4. The reducement of it under his Majesty's dominions, will
divide America with the Spaniard, and unite all the plantations,
between which the French now interpose, and may be able to destroy
the fishing and navigation of the English in those seas, and perchance
arm the Indians against them. 3 pp. [Col. Papers, Vol. XVI.,
No. 25.]
243. Opinion of [Sir] W[adham] W[yndham] ? upon the case
between the King of France and Col. Thos. Temple for himself and
the King of England, as to the title of the lands and fortresses in
Nova Scotia, claimed by the French Ambassador. Under three
heads. First, the representation of the French Ambassador, who
prays for the restitution of those places. Secondly, the title of
the King of England ; it being contended that all these lands and
forts in Nova Scotia are distant from Nova Francia many hundred
AMERICA AND WEST INDIES.
79
Feb. 26.
Whitehall.
1662.
leagues and were never held part of it. Thirdly, the rights of Col.
Temple for himself and the King of England ; explanation of the
treaty of 1632 for restitution; treaty between Louis XIV. and
Cromwell in 1655 ; no commissioners named by the French King,
forts derelict by desertion ; Col. Temple takes possession by patent
and now holds these places. Lastly, quotations from legal authorities
on both sides, and discussion on the arguments pro and con. The
opinion is in favour of the right of King Charles. Latin and French.
40 pp . [Col Papers, Vol. XVL, No. 26.] ?
244. Orders of the Privy Council. Directing that all persons who
have any commissions from those in New England interested in the
affairs of that plantation, or who can give any account in reference
to the King's service and the benefit of those parts, attend the Board
on 6th March, and particularly that Col. Thomas Temple and Mr.
Mentrope [Winthrop] and such as they shall advise be summoned to
attend. 1 p. [Col. Entry Bk., No. LX., pp. 5, 6.]
Feb. 27. 245. The King's Commission appointing the Duke of York, High
Westminster. Admiral of Dunkirk, Tangiers, and all foreign possessions in Africa
and America, and General of the fleets there, with all rights and
emoluments belonging to said office during life ; with power to
examine causes and hold Courts of Admiralty and to receive from
the Royal Treasury 100 marks per annum. Latin. 14 pp. [Col.
Entry Bk., No. V., pp. 74-87.]
Feb. 28. 246. Warrant to prepare a bill for a Charter of Incorporation
for Connecticut. John Winthrop, John Mason, Samuel Willis,
Hen. Clarke, Mat. Allen, Jo. Tappen, Nat. Gold, Rich. Treat, Rich.
Lord, Hen. Woolcot, Jo. Talcot, Dan. Clarke, Jo. Ogden, Tho. Wells,
Obadiah Brewen, Jo. Clarke, Anthony Hawkins, John Denning, Mat.
Camfield, " being principal persons in our colony of Connecticut,"
are to be granted and confirmed freemen of said colony, with
the privileges therein set forth. The Charter is dated 23rcZ April
1662. See No. 284. 2 pp. [Col. Papers, Vol. XVL, No. 27.]
247. Petition of Col. Thos. Temple, Governor of Nova Scotia, to
the King. Thos. Breedon has fraudulently obtained a commission
for the government and trade of Nova Scotia. Apprehends that as
Breedon is now returning thither, he will seize upon the petitioner's
trading houses, vessels, and goods. Prays for a warrant to prohibit
Breedon from doing anything to the petitioner's prejudice. 1 p.
[Col. Papers, Vol. XVL, No. 28.]
248. The King's warrant suspending Thos. Breedon from the office
of Governor of Nova Scotia, who " did lately by surprise and indi-
rectly obtain from us our Letters Patent and Commission, to the
wrong and prejudice of Thos. Temple, Esq., who is in present pos-
session of the same." See ante, No. 189; also No. 274. [Dom.
Entry Bk., Chas. IL, Vol. V., p. 189.]
Feb. 28. 249. Report of Lord Treasurer Southampton to the King. On
Southampton petition of the Dowager Lady De La Warr [see ante, No. 239].
That his Majesty by his reference of 24th inst. signified that having
1662?
Feb. 28.
Whitehall.
House.
80 COLONIAL PAPERS.
1662.
a particular regard to the worth and good deservings of the petitioner
and that family, the Lord Treasurer should certify what he conceives
fit to be done for his Majesty's service and the petitioner's satisfac-
tion. The sense he has of the present necessities of the Crown
makes him a very unfit judge of the merits of any person, and
therefore in all times he has declined certificates of this nature, but
has complied with whatever the King has commanded in grace to
any single persons or families as far as his Majesty's public occasions
would permit, which he hopes is as much as his Majesty will expect
from him in the quality he serves him. Indorsed by Sir Ed. Nicholas,
" Warrant for a privy seal for a pension of 200?. to Mrs. Jane West."
See No. 258. 1 p. [Col. Papers, Vol. XVI., No. 29.]
March 6. 250. Warrant for payment of 2,81 SI. 6s. to Col. Wm. Legg, Lieu-
tenant of the Ordnance, for provisions of arms for Jamaica. [Dora.
Docquet]
March 6. 251. Warrant for payment of 1,000?. to the Earl of Marlborough,
as his Majesty's free gift towards his personal provisions for his
intended journey to the [West] Indies. [Dora. Docquet, Cal., p. 300.]
March 7. 252. The King to Lord Windsor, Governor of Jamaica. Recom-
mends John Man, appointed by patent of Jan. 1660-1 Chief Sur-
veyor of Jamaica, and who has petitioned for the office of Registrar
and Keeper of the Records of the Survey of that island, to his Lord-
ship for that place, or else to certify what he conceives fit to be done
therein. 3 pp. [Dora. Entry Bk, Chas. II., Vol. XIII., p. 80.].
253. Captain Whiting to the Officers of his Majesty's Navy. Seized
a Dutch vessel of 300 or 400 tons and 26 guns on 2nd Feb., freighted
with negroes, and trading with the island ; but after 24 hours the
Governor dispossessed him, took out the negroes and money, and sent
her away. Before her seizure 48 negroes had been sold. The ship
was named the Maerten Van Roffen, Capt. Leonard Johnson, belong-
ing to Dutch merchants of Middleburgh, and had not one English-
man in her. 1 p. Two copies. [Col. Papers, Vol. XVI., Nos. 30, 31.]
254. Thos. Cowley, purser, to the Officers of his Majesty's Navy.
Their provisions are nearly expired, though the General has sent
away the Rose Bush in order that the stores may last until Lord
Windsor's coming ; but they will not hold out unless his arrival be
speedy. 1 p. [Col. Papers, Vol. XVI., No. 32.]
255. Warrant by the commissioners of Ferdinando Gorges to the
Marshal of the Province of Maine or his deputy. To seize all records
of a public nature as concerning any act done within this province,
being the interest and joint right of the Lord Proprietor and the
reeholders of this Province, which are surreptitiously kept away from
their common officers, by which means justice and equity cannot
be administered, whether in the hands of Edward Rishworth, Mr.
Michael, Godfrey, or the executors of Roger Gard, George Cleves,
Rich. Tucker, Francis Neale, or any others, to be delivered sealed up
to Capt. Francis Champernoune, and opened and examined at the
next General Court. Signed by Fran. Champernoune, Hen. Jocelyn,
March 10.
Aboard the
Diamond,
Jamaica.
March 11.
Aboard the
Diamond,
Jamaica.
March 11.
AMERICA AND WEST INDIES.
81
1662.
March 11.
March 13.
March 20.
March 21.
Whitehall.
Robt. Jordan, and Nich. Shapleigh. Copy certified by Francis Neale,
Secretary. Also on same sheet,
Return of the Marshal, Nathaniel Mastersonn, that he has
seized on all the records and writings in Rishwofth's hands,
and delivered them to Champernoune, 21st March 1662. Also
all the records and writings that he can hear of he has received
and delivered to Francis Champernoune, 15th May 1662.
\Col Papers, Vol. XVI., No. 33.]
256. Another' copy of the preceding warrant. 2 pp. [Col. Papers,
Vol. XVI., No. 34]
257. Petition of John Powell [to the King] for 1,000 acres in
Jamaica, which he would stock and defend with good arms and able
men. With reference to Lord Windsor, Governor of Jamaica. p.
[Dom. Entry BL, Okas. II., Vol. XIII., p, 76.]
258. Warrant for a grant to Jane West, daughter of the Dowager
Lady De la Warr, of a pension of 2001. a year, in consideration of her
mother's loss by discontinuance for 11 years of a pension of 5001. a
year, granted her for her late husband's services in improving the
Plantation of Virginia. [Dom. Entry Bk., Vol. V., p. 219.]
259. Instructions to Thomas Lord Windsor, Governor of Jamaica.
To publish his commission as soon as he lands ; constitute the Coun-
cil ; and administer the oaths. To settle judicatories for council
affairs and for the Admiralty. To commission under the public seal
of the island judges, justices, sheriffs, and other officers with fit
salaries. Power to pass grants of the little islands adjacent to
Jamaica, as Salt Island, Good Island, Pigeon Island, and others, and
to raise forts there. To grant commissions and erect Courts of
Admiralty. To promulgate the King's license for transporting
planters from the neighbouring plantations to Jamaica, with liberty
to trade with the Spanish plantations, for the benefit of Jamaica.
To order an exact survey of all harbours and landing places, and
erect necessary fortifications, and " as well for the bearing of such
like expenses as for a mark of our sovereignty in and over the said
islands" to set out 400,000 acres for a Royal demesne, 100,000 acres
in each quarter of the island, to be preserved and improved to the
best advantage for the use of the King and his successors ; also to
order a survey of the whole island, and a register of the plantations
to be sent home as soon as possible. All planters and Christian
servants to be provided with arms, mustered and trained, with power
in case of insurrection or invasion to proclaim martial law. Power
to grant lands and ratify former grants to the planters and their
heirs for ever in free and common soccage, with reservation of fit
rents to the King ; and to grant to himself and his heirs for ever
lands not already granted to the extent of 50,000 acres. To take
care that drunkenness and debauchery be discountenanced and
punished, and none admitted to public trust or employment whose
ill conversation may bring scandal thereupon, and to give the best
encouragement to orthodox ministers. To encourage trade and
M 605. F
82
COLONIAL PAPERS.
1662.
suppress the engrossing of commodities. All goods exported to be
free for seven years, and afterwards a duty of five per cent, to be
paid. To appoint markets and fairs and take care that the wild
cattle, horses, hogs, and sheep be preserved, licensing or prohibiting
the hunters as he thinks fit. To direct the improvement of the
cocoa walks, and repair of the houses in St. Jago ; whatever is
granted by the Governor and Council under the seal of the island
to be approved and held good and lawful. Power to search ships
suspected to trade with the Spaniards, or to carry planters ammuni-
tion or other commodities to Spanish territory, and adjudicate on
same in the Admiralty Court. To lodge a Royal Order to Governor
Lord Willoughby, of Barbadoes, to be assistant to him, in case of
any considerable attempt by the Spaniards against Jamaica. To
contrive that the plantations be near together and the sea coast first
planted, the better to prevent invasion. For the better encourage-
ment of intending planters no one is to enjoy more than one office
at a time, or to execute same by deputy ; and all officers, both civil
and military, on misbehaviour to be suspended and discharged. To
send accounts of increase of planters, the defects and wants of the
place, its chief products and improvements, and the advantages to
be obtained by trade. Power to constitute corporations and grant
manors and royalties, provided no manor or lordship contain less
than 500 acres. To call Assemblies, make laws, and levy moneys,
such laws to be only in force for two years, unless confirmed by the
King. Power to ratify to every person the number of acres he is
lawfully possessed of, to him, his heirs and assigns for ever ; and
to grant 30 acres for every servant transported thither, and at the
end of his service of four years 30 acres to said servant. Power to
act for the advantage and improvement of the island in all things
not particularised in these instructions. 20 pp. [Col. Entry Bk.,
No. 92, pp. 37-56, and No. 27, pp. 13-19.]
260. Two copies of the preceding instructions to Lord Windsor.
[Col Papers, Vol. XVI., Nos. 35, 36.]
261. Jonas Shish and Edm. Rayner to the Navy Commissioners.
Send an estimate of provisions to be made for Jamaica ; total value
320. Items, two shallops ; four yawls ; planks, pitch, tar, nails, and
other necessaries for building and finishing three boats ; pitch-tar
for stores and other uses ; tallow for stores ; six shipwrights for the
boats at 40s. per man a month ; and iron-bound casks. [.Dora.,
Ckas. II., Vol. LIL, No. 97, Gal., p. 316.]
March 23. 262. One hundred and thirty-eight Acts passed at a Grand
Virginia. Assembly held at James City, Virginia, 23rd March, 12 Chas. II., and
from thence continued by prorogation to 23rd March 1661-2. With
marginal notes in red ink to those Acts repealed, obsolete, needless,
useless or expired. N.B. The titles only of such of these Acts as
were afterwards repealed or had expired are printed in editions of
the Acts of Assembly of Virginia, viz. : London 1727 ; Williamsburg
1733; and Williamsburg 1752, see Col. Entry Bks.,Nos. 89, 90, 91.
[Col Entry Bk, No. 88, pp. 1-48.]
March 21.
Whitehall.
March 21.
AMERICA AND WEST INDIES.
1661-2 ? 263. Col. Thos. Lynch to Williamson. Will deliver his lord's
letter to Mr. Moddiford, if sent to his lodgings, the Hourglass by the
Pump, Bishopsgate St. p. [Col. Papers, Vol. XVI., No. 37.]
1662. 264. Mem. of two letters from the King to the Duke of York.
March 24. To make provision for transporting forty planters carried by Lord
Windsor, twenty by [?from] Mr. Lyttelton, and twenty by the Lord
Chancellor to Jamaica, with five ministers and 15 persons in their
families. [Dom. Entry Bk, Chas. II., Vol. III., pp. 32, 102.J
March. 265. The King to the Governor of Barbadoes. By Letters
Whitehall. Patent under the Great Seal of England bearing date 2nd Aug. 1660,
Francis Cradock was granted the office of Provost-Marshal-General
of Barbadoes with all fees and emoluments incident thereto, yet
these have been disposed of to others, to his great disadvantage.
It is ordered that he be restored to his office, and receive all the
fees belonging thereto ; and having been empowered by commission
to erect banks in Barbadoes, the Governor is required to give
Cradock every assistance in settling the same. 1 pp. [Col. Papers,
Vol. XVI., No. 38.]
March. 266. The King to [the Deputy-Governor of Barbadoes]. Has
[Whitehall.] se nt to Barbadoes Francis Cradock, heretofore made Provost-Marshal-
General thereof under the Great Seal of England, empowering him
and others to erect a bank or banks there for trade, which wise
and ingenious persons conceive will be practicable, and of great
accommodation to the people of the island, wherefore as much assist-
ance as may be is to be given him, that the experiment may be forth-
with made, divers sums of money remaining unaccounted for in
the hands of such who during the late troubles had the " manigary "
of prize goods and other public receipts. Cradock is also empowered
to examine the same and send an account of the true state thereof to
the King as speedily as may be. Rights and fees belonging to Cradock
as Provost-Marshal-General, having been taken away, and one Povey
put in by Cromwell permitted for 13 months to enjoy the same, the
Deputy-Governor is required to see that the King's Patent to
Cradock be duly obeyed, and allowance made for his damages sus-
tained. 2 pp. [Col. Papers, Vol. XVI., No. 39.]
March ? 267. " A short discours of the late forren acquests which England
holds, viz., of Dunkirk in Flanders, Tangier in Barbary, Boonbay in
the East Indies, Jamayca in the West Indies, demonstrating by
cleere politicall reasons how much they may conduce to the honor,
security, and advantage of this nation. In answer to some pamplets
which have bin obtruded to the world both at home and abroad to
the contrary," by J. B. [John Brydall ?]. The island of Jamaica
speaks for itself by those gainful returns that have been already,
and it is like to prove a most hopeful plantation, otherwise so many
judicious persons would not have removed thither to better their
fortunes from the Barbadoes and other the Caribbee Islands, New
England, Virginia, and other places. Also, as a political considera-
tion, Jamaica being so near the Gulf of Mexico, stands very advan-
tageous, in case matters should not go well 'twixt us and Spain, to
F 2
COLONIAL PAPERS.
1662.
April 1.
St. Mary's,
Maryland.
April?
April 3.
April 5.
Whitehall.
April 5.
Whitehall.
do her a displeasure and ourselves good by meeting her plate-fleet
as they come from the Havanna. [Dom., Chas. II., Vol. LII., No.
145, Cal, p. 327.]
268. The titles of twenty-three Acts made at a Sessions of General
Assembly begun at St. Mary's 1st of April 1662, by Governor
Charles Calvert, viz. : 1. Concerning servants that have bastards ;
2. For the publication of marriages ; 3. Explanation of the Act
limiting servants' times, made the last Assembly, anno 1661 ; 4.
Also of that clause in an Act made by Capt. William Stone, April
21st, 1649, touching hogs and marking of cattle; 5. Concerning
payment for bullion brought in this province ; 6. For encourage-
ment of sowing English grain ; 7. Concerning the payment of fees
due from criminal persons ; 8. For the reviving certain laws within
this province ; 9. For encouragement of ordinary keepers ; 10.
Concerning proceedings at law ; 11. Declaring what shall be done
by the Sheriff ex-officio ; 12. Concerning payment of debts due
by bill ; and 13. Taxable persons (2) ; 14. Imposing a fee on them
who shall be married ; 15. Concerning Indians ; 16. Appointing
sheriffs; 17. Touching runaways; 18. Of gratitude for the Lieu-
tenant-General ; 19. Limiting servants' times ; 20. Concerning the
secretary and addition to his fees ; 21. An additional Act against
hog steal ers ; 22. For the purchasing of a State House and Prison ;
and 23. For the burgesses' expenses. Together 15^ pp. [Col. Entry
Bk., No. 53, pp. 45-60.]
269. Petition of Frederick Leecker to the King. Petitioner and
Peter Vanlo who have lived several years in St. Christopher's and
bought lands there, lately petitioned for letters of denization, which
his Majesty granted. But my Lord Privy Seal will not pass said
patent because Vanlo is not here to take the oaths of allegiance, and
cannot come to England without great damage and charge. Prays
that his Lordship may suffer said patent to pass, and Gov. Lord
Willoughby be directed to administer said oaths to Vanlo. 1 p.
[Col. Papers, Vol. XVI., No. 39.*]
270. The King to [the Lord Privy Seal.] His Majesty having
been satisfied by Lord Willoughby, Governor of the Caribbees, how
inconvenient it will be to Peter Vanlo to draw him thence when
his presence there may be useful to his Majesty, dispenses with his
coming hither. Said denization is therefore to pass without further
inteiTuption, Lord Willoughby undertaking that Vanlo shall take
the oaths. [Dom. Entry Bks., Chas. II., No. 3, p. 32, and No. 4,
p. 102.]
271. Warrant to the Attorney-General to prepare a Bill con-
taining a grant to Thomas Temple and his heirs for ever of the
countries called Acadia and Nova Scotia, lately purchased by him
of La Tour, and also the office of Governor of the same for life, with
the trade thereto belonging, and all other liberties and privileges.
Certified copy. 1 p. [Col. Papers, Vol. XVI., No. 40.]
272. Two copies of preceding. [Col. Papers, Vol. XVI., No. 41 ;
also Dom. Entry Bk., Car. II., Vol. V., p. 242.]
AMERICA AND WEST INDIES. 85
1662.
April 5. 273. Warrant to the Attorney-General to prepare a Commisson
Hampton Court. f r Thos. Temple to be the King's lieutenant during pleasure, of the
countries and territories called Acadia, and of that part of the
country called Nova Scotia, the bounds of which are set forth, with
power to repel invasion ; to appoint military and civil officers and
ministers of justice ; to build cities, forts, &c., and to proclaim martial
law. Also sole trade with the Indians, and power to seize and
confiscate the goods of others so trading without his license, and to
appoint a deputy. Signed by the King, but neither countersigned
nor dated. 5 pp. [Col. Papers, Vol. XVI., No. 42.]
April 5. 274. Warrant to the Attorney-General to prepare a Bill con-
taining a suspension of Thos. Breedon from further execution of the
office of the Governor of Nova Scotia. See ante, No. 248. N.B. A
docquet of this suspension is dated 23rd April 1662, Dom. Chas. II,
[Dom. Entry Bk., Chas. II., Vol. V., pp. 242-3.]
1662 ? 275. Petition of Henry Janson, Dr. of Laws, to the King. There
have been some late encroachments made upon the sea about the
coast of Barbadoes contrary to the limits of the first plantation.
Prays that the whole business may be referred to the Lord Chancellor,
Lord Willoughby of Parham, and Sir Geo. de Carteret, together with
the petitioner's many services and sufferings, and upon their report
to grant a warrant for the drawing up of a patent for petitioner to
become his Majesty's tenant for all that waste. 1 p. [Col. Papers,
Vol. XVI., No. 43.]
April? 276. Warrant from the King to (the Attorney- General). To
Hampton Court, prepare a Bill for the Royal Signature to pass the Great Seal, con-
taining a grant to Henry Janson, LL.D., " of all that the waste
grounds in and about our island of Barbadoes, which have not been
legally granted before or prescribed unto by the limits and bounds
of the first plantation," to him, his heirs and assigns for ever. \ p.
[Dom. Entry Bk., Chas. II., Vol. VII., p. 177.]
April 7. 277. The King to the Duke of York. Forthwith to make pro-
vision for the transportation of 20 planters to Jamaica, sent on the
account of the Earl of Carlisle. p. [Dom. Entry Bk., Chas. II.,
Vol. III., p. 35.]
April 8. 278. Additional instruction to Thomas Lord Windsor, Governor
Whitehall. o f Jamaica. To endeavour to obtain and preserve good correspondence
and free commerce with the plantations belonging to the King of
Spain, but if the Governors of said King 'refuse, to endeavour to
settle such trade by force, and by doing such acts as the Council
shall judge most proper to oblige the Spaniards to admit them to a
free trade. 2 pp. [Col. Entry Bk., No. 92, pp. 57, 58, and No. 27,
p. 19.]
April 8. 279. Copy of the preceding additional instruction. [Col. Papers,
Whitehall. Vol. XVI., No. 44.]
April 12. 28O. Capt. John Browne, of the Rosebush, to the Navy Commis-
sioners. Arrived this day in the Downs, having departed from
Jamaica Feb. 10, and left it in a veiy good condition ; the Diamond
86 COLONIAL PAPERS.
1662.
has also arrived from Barbadoes, bringing some passengers, but not
the number that was expected. [Dom., Chas. 21., Vol. LIIL, No. 47,
Gal, p. 338.]
April 14. 281. The King to Francis Lord Willoughby, Governor of Barbadoes
and- the Caribbee Islands. His Majesty's island of Jamaica being his
frontier plantation in America, and thereby the more exposed to the
danger of attempts from the Spaniard, Lord Willoughby is hereby
required, the better to oppose such designs, upon notice from the
Governor of Jamaica of any eminent danger, forthwith to send to
his assistance such force as the plantation can aiford. Indorsed,
" This is a true copy of the record in the Secretary's office, attested
the 19th Augt. 1662, per me, Edward Bowden, Dep^ Secry." l^pp.
[Col Papers, Vol. XVI., No. 45.]
April 14. 2&2. Grant to incorporate John Winthrop, John Mason, and others,
being the principal persons interested in the colony of Connecticut,
in New England, into a body politic by the name of Governor and
Company of the English colony of Connecticut, in New England, in
America, granting unto them and their successors such parts of his
Majesty's dominions there, and such powers, privileges, and advan-
tages as was directed to be granted by warrant under the sign manual.
Subscribed by Mr. Attorney-General, procured by Mr. Secretary
Nicholas. The Patent is dated 23 April, see No. 284. \Docquet.~\
April 16. 283. Minutes of the Council of Jamaica. Present (see ante, No. 215),
also Captains Wm. Vallet, Thos. Ballard, and Corn. Burroughs.
The Governor promises to answer a paper of objections presented
by Capt. Harrington. Ordered, That the bread sent over in the
Rose Bush and Diamond, amounting to 40,000 Ibs., being utterly
unserviceable to eat, shall lie open for a few days to be fetched
away by poor inhabitants for cattle, and what is left to be thrown
into the sea. The order concerning boatmen having licenses, to be
repealed. That the place and fees conferred on Lieut. John Edgoose
by Major Fairfax, Capt. Burroughs, and Sec. Povey be allowed.
That the Council have power to take cognizance of Wm. Dallison's
petition, whose affidavit be given to the grand jury of inquest as a
presentment, they returned the presentment ignoramus. George
Thurloe to have license to sell drink at Passage Fort. Concerning an
action between Capt. Thos. Lynch and William Dallison for slander,
which in Gov. D'Oyley's opinion, " being ignorant of the law," was
erroneous. Ordered that Jas. Jordan, Treasurer, repay the impost of
decayed and unsaleable wine to Jas. True. 4^ pp. [Col. Entry Bk.,
No. 34, pp. 40-44.]
April 23. 284. Patent of incorporation of the Governor and Company of the
Westminster. English colony of Connecticut. Whereas his Majesty has been
informed by petition of John Winthrop, John Mason, Samuel Willis,
Henry Clarke, Matthew Allen, John [? Thos.] Tappen, Nathan Gould,
Richard Treate, Richard Lord, Henry Woollcott, John Talcott, Daniel
Clarke, John Ogden, Thomas Wells, Obadiah Brewen, John Clarke,
Anthony Hawkins, John Denning, and Matthew Camfield, persons
principally interested in the said colony, that the greatest part
AMERICA AND WEST INDIES. 87
1662.
thereof was purchased, and some other part gained by conquest, and
at the sole charge of petitioners, their associates, and those under
whom they claim, which has become a considerable enlargement of
his Majesty's dominions there. And in regard said colony is remote
from other English plantations, and that its affairs may be duly
ordered, his Majesty by these presents ordains that said John Win-
throp and all such as are or shall be made free of the Company
shall for ever be one body corporate and politic by the name of the
" Governor and Company of the English colony of Connecticut, in
New England, in America," with the same powers, rights, and privi-
leges as any other person or corporation in England, and with power
to use a common seal. And there shall be a Governor, Deputy
Governor, and 12 assistants elected out of the freemen, for ordering
the affairs of the plantation, and John Winthrop shall be the first
Governor ; John Mason, Deputy Governor ; and Samuel Willis,
Matthew Allen, Nathan Gould, Henry Clarke, Richard Treate, John
Ogden, Thomas Tappen, John Talcott, Thomas Wells, Henry Wool-
cott, Richard Lord, and Daniel Clarke, the present assistants, to
continue in office until the second Thursday in October next. And
on every second Thursday in October and May, or oftener if requi-
site, the assistants and freemen (not exceeding two from each place,
town, or city elected by the freemen thereof) shall have a General
Assembly, with power to the majority (of whom the Governor or
Deputy Governor and six of the assistants to be seven) to alter
said days of meeting, and to choose in each year a Governor and
other officers, as the General Assembly shall think fit ; provided that
all officers first take the oaths for the due performance of their
duties, viz., said John Winthrop before one of his Majesty's Masters
in Chancery, John Mason before said John Winthrop or any two of
the assistants, and said assistants before said John Winthrop or
John Mason, and every other Governor before two or more of the
assistants, and any assistant or other officer before the Governor or
Deputy Governor. With power to those free of the colony to
transport thither his Majesty's subjects or strangers (except those
restrained by his Majesty) and goods and merchandise, paying
customs for the same. All his Majesty's subjects born in said colony
to enjoy the liberties of his Majesty's natural subjects, and the oaths
of supremacy and obedience to be administered to all inhabiting
said colony. With power to erect judicatories, make laws and sta-
tutes, not contrary to those of England, for settling the govern-
ment and magistracy, granting commissions for the infliction of
punishments and granting pardons, and for disposing of all matters
whereby the people may be so religiously, peaceably, and civilly
governed that they may win the natives to obedience to the Chris-
tian faith, which in his Majesty's intentions with the adventurers'
free profession is the only end of this plantation. With power also
to the Governor and officers of the Company to repel and destroy
all persons that shall attempt the invasion or annoyance of the
plantation and the natives or other enemies of the colony, but not
to do any unlawful hostility against any of his Majesty's subjects
or those in amity with him. Provided that these presents shall not
88
COLONIAL PAPERS.
April 23.
Westminster.
April 23.
Westminster.
April 23.
Whitehall.
1662.
hinder any of his Majesty's subjects from fishing on the coasts of
New England, or building wharves and workhouses for salting,
drying, and keeping their fish upon the waste lands of Connecticut.
His Majesty further grants to said Governor and Company " all
that part of ... New England . . . bounded on the east by the
Narragansett river, commonly called Narragansett Bay, where the
said river falleth into the sea, and on the north by the line of the
Massachusetts plantation, and on the south by the sea, and in
longitude as the line of the Massachusetts colony running from east
to west; that- is to say, from the said Narragansett Bay on the east
to the South Sea on the west part, with the islands thereunto
adjoining," to hold the same of his Majesty, his heirs and successors,
as of the manor of East Greenwich, in free and common soccage,
yielding the fifth part of all gold or silver ore. These presents to
be construed most favourably for said Governor and Company.
5 membs. [Patent Roll, 14 Chas. II., Part 11, No. 10.]
285. Copy of the charter of Connecticut, with marginal abstracts.
15 pp. [Col. Papers, Vol. XVI., No. 46.]
286. Another copy of the preceding, with a few interlineations.
Indorsed, " Taken from a copy lent by Major-Gen. Winthrop, Nov r
1696." 12 pp. [Col. Papers, Vol. XVI., No. 47.]
287. Additional instructions to Thomas Lord Windsor, Governor
of Jamaica. For disbanding the officers and soldiers in the island,
leaving four hundred foot and one hundred and fifty horse, and
distributing three hundred negroes that are undertaken to be
delivered in ten months by the Royal African Company. 4 pp.
[Col. Entry Bk., No. 92, pp. 33-36.]
288. Two copies of the preceding additional instructions. [Col.
Papers, Vol. XVI., Nos. 48, 49.]
289. License to Capt. John Leverett to go peaceably to his habita-
tion in New England with his wife and children and servants in
the ship Society, John Peirse commander, " We being satisfied of
the loyalty of said John Leverett, particularly demonstrated by his
forwardness in proclaiming ourself in the said New England."
Draft mem. on back for similar license to Francis Willoughby,
merchant, bound to his habitation in New England in the same
ship with his family and goods, &c. 1 p. [Col. Papers, Vol. XVL,
No. 50 ; see also Dom. Entry Bk., Chas. II., Vol. VII., p. 18.]
April 28. 290. Memorandum of a letter from the King to the Duke of York.
To make provision for Sir Thomas Whitstone to transport twelve
planters to Jamaica. [Dom. Entry Bk., Chas. II., Vol. III., pp. 32,
102.]
April 28. 291. Memorandum for a pass for Nehemiah Bourne, merchant and
family from Hamburgh to any of the King's plantations, see No.
303. [Dom. Entry Bk., Chas. II., Vol. VII., p. 29.]
April 29. 292. Warrant to the Sheriffs of Middlesex to deliver to Capt.
Win. Joy, to be transported to Jamaica, fifteen prisoners in Newgate
April 23.
Whitehall.
April.
AMERICA AND WEST INDIES.
89
1662.
April 30.
May 3.
Whitehall.
1662?
May 9.
Whitehall.
May 12.
London.
May?
as named, who after conviction are now pardoned. [Dora., Chas. II.,
Vol. LIIL, No. 90, Col., p. 353.]
293. Memorandum for a pass for Capt. Plaineville, the King's
servant, to Jamaica or any other plantation, there to seat himself
and trade as freely as the King's subjects. [Dom. Entry Bk.,
Chas. IL, Vol. VIL, p. 29.]
294. An additional instruction to Thos. Lord Windsor, Governor
of Jamaica. After he has received into his power and obedience
his Majesty's island of Jamaica and established [the government]
there, he may find it necessary in person to inform his Majesty
of the grounds and probabilities of future designs for the advance-
ment of his Majesty's dominions, to take directions thereon, and
procure supplies and necessaries ; license is hereby granted to him to
repair to his Majesty, leaving a deputy fit to govern in his absence.
[Col. Entry Bk., No. 27, p. 20.]
295. Petition of Sir Will. Davidson to the King. That the
Mary of London, laden with goods and assigned to the petitioner,
was about Feb. 1658 seized at Barbadoes. Prays for letters to the
Governors, Deputies, Judges, and Council there, that justice may
be done him. [Col. Papers, Vol. XVI., No. 51.]
296. The King to Lord Willoughby of Parham, Governor of
Barbadoes, and to his President an<} Council. Being desirous to
express his sense of the services of Sir William Davidson, his
Majesty's Agent and Commissioner at Amsterdam, he is recommended
to his Lordship's countenance, especially in a cause in which he
demands satisfaction for the Mary of London, unjustly seized, and
so adjudged in the Court of Admiralty in England, in pursuance of
which sentence his Majesty desires that he may find ready and full
satisfaction. p. [Dom. Entry Bk., Chas. II., Vol. III., p. 45 ; also
Vol. IV., pp. 113, 114.]
297. Francis Lord Willoughby, Governor of Barbadoes, to Colonel
Walrond, President of the Council of Barbadoes. The King has
laid his commands on his Lordship, as they will see from the letter
brought by Lord Windsor, to assist him upon all emergencies. Ex-
pects his own coming to them will be very sudden, but till then
desires them to assist Lord Windsor in the carrying of men to
Jamaica, and with what victuals the island can afford. Indorsed,
This is a true copy of the original, attested the 19th August 1662,
per me, Edward Bowden, Dep*y Secry. li pp. [Col. Papers, Vol.
XVI., No. 52.]
298. Petition of John Walrond to the King. Petitioner and his
family served throughout the late wars with constant loyalty, but is
now dispossessed of an office which he held in Barbadoes by John
Dawes pretending a grant thereof from his Majesty. Prays for
leave to defend his claim by due course at law, and that the Governor
there be so instructed. Indorsed, " Letter to Barbadoes to Lord
Willoughby." 1 p. [Col. Papers, Vol. XVI., No. 53.]
90 COLONIAL PAPERS.
1662.
May ? 299. Copy of the preceding. Indorsed, " To speak with Mr.
Ashburnham, to Willoughby Governor of the Barbadoes, or his
President and Council there." 1 p. [Col. Papers, Vol. XVI., No.
54.]
May 13. 30O. The King to Lord Willoughby of Parham, Governor of Bar-
badoes. John Walrond, gentleman, having represented by petition
that John Dawes has dispossessed him of an office in Barbadoes under
colour of a grant of said office, his Majesty commands that Walrond
be suffered to try his right at law against the pretensions of said
John Dawes in the ordinary courts of the island. \ p. [Dom.
Entry Bk., Chas. II., Vol. III., p. 50 ; also Vol. IV., pp. 117, 118.]
[May 14.] 301. Petition of the planters and merchants of Virginia to the
King. Set forth the great evils of planting vast quantities of tobacco
in England as well as Virginia and other places, to remedy which
they have unanimously resolved upon two expedients which they
pray may be granted, viz., to prohibit the planting of any tobacco in
Virginia and Maryland after 1st June 1663, which will encourage the
more staple commodities of silk, flax, hemp, pitch, pot-ashes, and
that no ship depart from those colonies before 1st May next, except
only that which shall carry Sir William Berkeley there. Indorsed,
" May 14, 1662." 1 p. [Col, Papers, Vol. XVI., No. 55.]
May 26-8. 302. Correspondence between Major Daniel Denison, Major
Wells William Hathorn, and Capt. Richard Walden on behalf of the
ie -'' General Court of Massachusetts, and Henry Jocelyn, Nicholas Shap-
leigh, and Robt. Jordan, Commissioners for Ferdinando Gorges, as to
the powers by which said Commissioners have summoned this pre-
sent Assembly at Wells and their exercise of authority over the
people of Yorkshire, who have acknowledged themselves subject to
said Government [of Massachusetts] by their subscriptions, and are
bound thereunto by their oath. Seven letters. Annexed,
W T arrant of the Commissioners of the General Court of Mas-
sachusetts, in his Majesty's name, summoning the inhabitants of
the county of York to appear before them at the house of
Francis Littlefield, in Wells, at 3 o'clock this 27th inst., to
receive such orders as shall then be communicated to them from
said General Court. Also, Warrant to Nathaniel Masterson,
Marshal of the county of York, to publish the above warrant.
Wells, 1662, May 27.
Commissioners of the Massachusetts to the Commissioners of
Ferdinando Gorges. Beseech them to remember their solemn
oaths to the authority of the Massachusetts immediately derived
from Charles I.'s charter of 1 628. They are not affrighted by any
commissions from Gorges upon any pretence whatsoever, resting
.confident in his Majesty's justice and favour against all pre-
tenders. If they still continue in their disorderly actings to the
disturbance of the King's peace, they will enforce the writers to
change their style, as they cannot own Gorges' commissioners.
May not play with them, but once again advise and require
them to put a period to their unjust violations of the right of
AMERICA AND WEST INDIES. 91
1602.
the Massachusetts, their own faith, and the geace of this people.
1662, May 27.
Resolution of the trustees of Ferdinando Gorges, Lord Pro-
prietor of the province of Maine, by authority derived from his
Majesty, that they neither do, nor may by any means, pass into
an Act "the motion and issue of this presence," as being destruc-
tive, and averse to the liberties of the freeholders of this
province, &c. Wells, 1662, May 27.
List of the names of the (11) trustees. Lieut. Wm. Phillips,
Speaker, George Munion, Edward Rish worth, Humphry Chad-
born, Richard Nayson, Wm. Symonds, John Sanders, Arthur
Auger, Christopher Lawson, Thos. Haynes, and Walter Mathews.
Wells, 1662, May 27.
Minute signed by the Commissioners of the Massachusetts.
That upon conference with the gentlemen who continued to
assert the interest of Ferdinando Gorges, in the county of York,
it was mutually agreed that Henry Jocelyn, Major Shapleigh,
Capt. Waldon, and Capt. Pike should keep a court at York on
the first Tuesday in July next for hearing and determining all
causes, civil and criminal, and that the records be transferred to
York and delivered to Mr. Rishworth, who shall return same to
said court into the hands of the recorder. Also that the clerks
of the writs shall issue forth all process in the King's name in
the style therein set forth. 1662, May 28. Copies certified by
Francis Neale, Secretary. Together 10 pp. [Col. Papers, Vol.
XVI., No. 56.]
May. 303. The King's pass for Nehemiah Bourne, merchant, to trans-
port himself and family, together with their goods and necessaries,
to any of the plantations within the King's dominions or elsewhere
without let or hindrance. [Dora., Chas.II., Vol. LV., No. 27, Gal.,
p. 386.]
June 1. 304. Attestation of Wm. Quick, Dru. Drury, and Robert Chap-
Charles Island, pell, concerning the King of Barra and the Dutch. Forasmuch as
the King of Barra, deceased, made war against the English here in
Gambia, the war was procured by Peter Justobaque, a Dutch mer-
chant, as has been declared by several of his subjects when they
came to conclude peace. Whereupon it was thought convenient to
visit the King now reigning ; which they did, taking with them
two Portuguese, called Antonio Vas and Jasper Martins, and desired
him to declare the truth. He said he did not see Peter Justobaque,
but that the Duke of this country, called Tambo, told him that
Justobaque came to Barcaren, where the King lay very sick, and
delivered this message to Tambo ; that he had come to Cape Verd
with all sorts of goods, and that the English have no goods and but
small force, so that if the King would make war against the English
by land, he would do the same by sea, and afterwards trade as
formerly, without any disturbance from the English. These words
spake the King of Barra, and his Major Domo affirmed the same.
Signed by Jasper Martius, Antonio Vas, Wm. Quick, Dru. Drury,
Robert ChappeD.. Translated out of Spanish. Indorsed, The King
of Barra, his declaration. 1 p. [Col. Papers, Vol. XVI., No. 57.]
92 COLONIAL PAPERS.
1662.
June 1. 305. Another copy of the preceding. Indorsed by Williamson,
Charles Island. Attestation of y e Dutch treachery in y e businesse of y e K. of Barra."
1 p. [Col Papers, Vol. XVI., No. 58.]
June 3. 306. Minutes of the Council of Barbadoes. Ordered that writs
be issued to summon the Assembly to meet the President and
Council on Wednesday, the llth inst., when the Treasurer is to
bring in his accounts by eight o'clock in the morning. p. [Col.
Entry BL, Vol. XL, pp. 64, 65.]
[June] 307. Petition of the planters and traders to Virginia to the
King. Duplicate of the petition dated 14th May [see ante, No. 301],
except that the last paragraph about Sir Wm. Berkeley is omitted.
Indorsed, " Received May 26, read June 26, and ordered June 29,
1662." 1 p. [Col. Papers, Vol. XVI., No. 59.]
308. Order of the Privy Council on petition of the planters and
traders to Virginia, for a cessation of planting tobacco, &c. Directing
that said petition be rejected, and that their Lordships would not
henceforth receive any petition of that nature. Indorsed, Bead June
13, 1662. " This last clause vacated." 1 p. [Col. Papers, Vol.
XVI., No. 60.]
June 5. 309. Minutes of a Committee for Plantations. A patent to
be prepared by the Attorney-General constituting [Francis] Lord
Willoughby of Parham, Lieut-Governor of Barbadoes and the
Caribbee Islands for seven years; to execute that charge at his
own cost, for one half of the profits arising there, the other half to
go for satisfaction of the late Earl of Carlisle's creditors, who it is con-
ceived will take a third or at most one half of what is owing to them,
to be assured of such payment ; if all are paid within the seven years,
the moiety then to be accounted for to the King ; Lord Willoughby
to prepare his own instructions, and submit the draught to this
Committee.
Concerning Surinam. The Lord Treasurer and Lord Ashley
of opinion that the owner of Surinam ought not to be Governor
of Barbadoes, as he might draw all the planters and labourers
from Barbadoes to Surinam, to improve his own interest there,
and so deprive Jamaica of those planters which otherwise would
go from Barbadoes thence. All the Lords of the Committee
think it best that Lord Willoughby should be made Governor of
Surinam only for life, that he have a grant of a large proportion of
land there, which may be erected into a county palatine ; and that
liberty of conscience be granted to all that shall plant in Surinam.
In Sir Edw. Nicholas' hand. 1 p. [Col. Papers, Vol. XVI.,
No. 61.]
June 8. 310. Petition of Henry Adis to the King, in behalf of himself
and six families more that are willing to transport themselves to
Surinam. Whereas there is an Act of Parliament lately published,
nominally against that people called Quakers, which has plentifully
taken hold of persons of other persuasions, who are actually im-
prisoned, the penalty for breach of which is banishment ; and foras-
much as petitioners are, by the law of God, required to obey every
AMERICA AND WEST INDIES. 93
1662.
ordinance of man for the Lord's sake, and are willing to surfer the
penalty by a free banishing of themselves : crave his Majesty's free
pass, and his Royal protection whilst acting in order to their
passage ; that so they may gain in and pay their debts, " lest we
cause the name of God and that truth we do profess to be evil spoken
of, if we discharge not a good conscience to man/' And that
petitioners may have a certain passage, when they have sold off
and bought and embarked what will be fitting for their voyage.
Signed by Henry Adis and Richard Afflett. Underwritten, Rich.
Adis, Mary his wife, Sarah and Timothy Adis his children, An. Ware,
Peter Sega and two more servants, Rich. Afflett, chandler, Ann his
wife, Susan his daughter, Geo. Nicklson, servant, Mary Hall, a young
child kinswoman. " Received June 8, read in Council July 22,
1662. That the petitioners underwrite their petitions." 1 p,
[Col. Papers, Vol. XVI., No. 62.]
June 13.] 311. Petition of merchants, owners of ships, planters, traders to
Virginia, and others to the King. Set forth in their reasons the
many inconveniences and mischiefs that will befall his Majesty and
his subjects if a petition against permitting any ship with tobacco
to depart from Virginia or Maryland before 1st May next be granted
[see ante, No. 301], and pray they may have a hearing before the
Privy Council concerning said petition. Indorsed, 1662, June 13.
Inclose,
The reasons referred to in above petition. Together, 3 pp.
[Col. Papers, Vol. XVI., Nos. 63, 64.]
June 13. 312. Order of the Privy Council on petition of the planters and
traders to Virginia for restraint of planting tobacco after June 1663
and allowing any ship to sail from Virginia with tobacco before 1st
May next. Refer to a previous Order in Council of 26th May in which
said petition was rejected and their Lordships then declared that
henceforth they would receive no petition of that nature. That on
review of said order their Lordships now declared that it was not
their intention to forbid or discourage the merchants and planters
from making their addresses to them, and it is hereby ordered that
the consideration of the whole matter should be resumed on 20th
inst., when said petitioners and Lord Baltimore are directed to
attend. 1 p. [Col Papers, Vol. XVI. No. 65.]
June 16. 313. Minutes of the Council for Foreign Plantations. Several
J f w rf Urt sums ^ monev being due in order to the charges of this Council,
s ' their secretary Mr. Froude is ordered to wait upon the Lord Treasurer
for his warrant for 1501. towards said charges ; also to desire some
of the Lords of the Privy Council who are likewise of this Council
to attend on Thursday next. -i p. [Col. Papers, Vol. XIV., No. 59,
p. 45.]
June 28. 314. The King to the Governor of the Massachusetts Bay.
Hampton Court. Simon Bradstreet and Jo. Norton have presented to his Majesty an
address and petition from the General Court of Massachusetts which
has been very acceptable to him. Is well satisfied with their ex-
94 COLONIAL PAPERS.
1662.
pressions of loyalty, duty, and good affection, and will cherish them
with his best encouragement. Confirms the patent and charter
granted by his Koyal father, which his Majesty is ready to renew
whenever they desire it, that they shall freely enjoy all their privi-
leges and liberties. And because the people may have swerved
from the rules prescribed and even from the Government instituted
by said charter, which the King imputes rather to the iniquity of
that time than to the evil intention of the hearts of those who
exercised the Government there, his Majesty hereby declares his
free pardon to all of that plantation for all offences committed against
him during the late troubles, excepting only such persons who stand
attainted by Parliament of high treason, if any such have transported
themselves into those parts, the apprehending of whom is expected
if they be found there. Provided that all laws and ordinances made
during the late troubles contrary and derogatory to the King's
Government be annulled and repealed, the oaths of allegiance duly
observed, and the administration of justice take place in the King's
name. And as the principal end of their charter was liberty of
conscience, his Majesty requires that .those who desire to perform
their devotions according to the Book of Common Prayer be not
denied the exercise thereof nor undergo any prejudice thereby, and
that all persons of good and honest lives be admitted to the Sacra-
ment of the Lord's Supper according to the Book of Common Prayer,
and their children to Baptism. " We cannot be understood hereby
to direct or wish that any indulgence should be granted to those
persons commonly called Quakers, whose principles being inconsistent
with any kind of government we have found it necessary by the
advice of our Parliament here to make a sharp law against them,
and are well contented that you do the like there." If found by
experience that the number of assistants enjoined in the charter be
judged inexpedient, as the King is informed is the case, his Majesty
declares his pleasure that the number of said assistants shall not
exceed 18 nor be less than 10. All freeholders of competent estates
not vicious in conversation and orthodox in religion to have their
votes in the election of all officers, both civil and military. This
letter and his Majesty's declaration to be r communicated to the next
General Court, and published that it may be known the King takes
the plantation into his protection and is ready to receive any appli-
cation or address from his subjects there and will advance their
trade by his utmost endeavour and countenance. 3 pp. [Col.
Papers, Vol. XVL, No. 66.]
June 28. 315. Copies of the preceding. [Col. Papers, Vol. XVL, No. 67;
also Dom. Entry Bk, Chas. II., Vol. VII., pp. 128-131.]
June 28. 316. Memorial of [Adolph Wolffratt], agent of the Duke of Cour-
London. land, to the King. Doubts not that his Majesty, from the
memorials submitted to him in the name of the Duke of Courland
and Semigallia, has understood how his Highness' f forts, built
upon some islands in Africa, in March 1661, were invested by
certain English ships, and are retained to this day. Ten years and
more ago the Prince of Courland bought from the King of Barra the
AMERICA AND WEST INDIES. 95
IG62.
Island of St. Andrews, and from others Julfro and Bajona, and con-
structed forts there at immense expense, without opposition and by
consent of all the princes of Europe. Nor has he ever ceded the
forts, neither must the formula of contract with the West India
Company of Amsterdam, of 4 Feb. 1659 be so understood ; for
it was agreed that said company should restore to the Prince his
territories, isles, and forts, and afterwards the States General, in
July 1661, gave notice that the Company was prepared to carry
put their agreement. The Duke does not wish to relinquish his
possessions, but to receive and enjoy them himself. Hopes that
his Majesty will bj r no means permit the Duke of Courland
or his heirs to be disturbed in their lawful possession, much
less to be deprived of any part thereof; and that his Majesty will
order that said islands and forts be restored to the Duke of
Courland, who has not any intention to close the river or hinder
his Majesty's subjects in their commerce, but declares they may
build houses and construct forts. Latin. 2 pp. [Col. Papers,
Vol. XVI., No. 68.]
July 1. 317. Declaration of Robt. Jordan, Commissioner for Ferd. Gorges,
at and to an Assembly at Acomenticus, otherwise unduly styled
York, in the province of Maine. In reference to the administration
of justice, and the appointment of justices, who must be resident in
the province. " Acted and acknowledged by me, Robert Jordan,
Commissioner/' 2 pp. [Col. Papers, Vol. XVI., No. 69.]
[July 2.] 318. Petition of the Company for Propagation of the Gospel in
New England and parts adjacent of America. That by their en-
deavours many of the heathen natives of New England have been
converted, sums of money raised by a general collection throughout
England and Wales, and land purchased for settling a yearly
revenue ; that the New Testament and a good part of the Old
(whereof the rest is making ready for the press) hath been printed
in the Indian language. That the King, " considering the conse-
quences of so glorious a work," hath lately erected a corporation
to carry on and perfect the same ; but chiefly through Col. Bedding-
field interrupting their possessions and receiving the profits of the
lands formerly purchased of him, with the greatest part of the
moneys received by the former collectors, the charges for two years
have much exceeded the income, which is much too small to carry
on the work, in regard of the great charge that will be requisite,
partly for recovering the greatest part of their revenue injuriously
detained from them, partly for the perfecting so costly and necessary
a work as perfecting the translation and printing of the Bible, and
partly for the maintenance of schools for the Indian children. Pray
that his Majesty would grant one general collection throughout
England and Wales for the purposes aforesaid, for that the benefit
intended by the former collections was not fully attained, there
being divers counties in the kingdom, and several parishes in the
city of London, wherein no collections for this work have been
made. "Read July 2, 1662." 2 pp. [Col. Papers, Vol. XVI., No.
70.]
96 COLONIAL PAPERS.
1662.
July 2. 319. Order in Council on the above petition of the Company for
Whitehall. Propagation of the Gospel in New England and parts adjacent in
America, recommending same to the Lord Chancellor, who is directed
to give order for a brief for a general collection accordingly. 3 pp.
[Col Entry Bk., Vol. LX., pp. 6-9.]
July 6-7. 320. Mem. of a resolution of the Commissioners of Ferdinando
Gorges. That Francis Neale, secretary, shall draw up true copies'of
all Acts that have passed since the first day of Gorges' assertion of
his right to the province of Maine after 8th Aug. 1660 to this
present, with Robt. Jordan's assistance. Also, Mem. that Francis
Neale demanded of Edward Rishworth his assistance in reference
to the records in his custody, who replied that he had received no
orders in relation thereto, and therefore was not willing to deliver
up any such records. Certified copy by Francis Neale. The papers
above referred to will be found calendared in their respective order
of date. 1 p. [Col. Papers, Vol. XVI., No. 71.]
July 7. 321. Warrant to the Attorney- General to prepare a bill to pass
Hampton Court, the Great Seal containing a grant of the title of baronet of the king-
dom of Nova Scotia to Col. Thomas Temple and the heirs male of
his body, with all the rights and privileges thereto belonging and
heretofore granted to any other person, and a release from all ser-
vices or sums of money in consideration thereof. \ p. [Dom. Entry
Bk., Chas. II., Vol. VII., p. 148.]
July 10. 322. Grant to Thos. Temple of the office of Governor of Nova
Scotia and Acadie, and other parts in America, for life ; all Royal
mines excepted, with Admiralty jurisdiction and all other powers
and privileges as are inserted in grants of like nature. [Docquet,
Dom., Chas. II.]
July 10. 323. Commission to Thos. Temple for the government of Acadie
and part of Nova Scotia during pleasure, with such powers and
privileges and regulation of the people and trade there as was
directed to be inserted by warrant under the King's sign manual of
oth April, see ante, No. 273. [Docquet, Dom., Chas. II.]
[July 11.] 324. Declaration of Lord Windsor, Governor of Jamaica, at
Barbadoes. Forasmuch as his Majesty has given permission to all
free persons to transport themselves with their families and goods,
except only coin and bullion, from any of his dominions to the
island of Jamaica ; and the President and Council of Barbadoes,
having ordered the same to be put into execution, desire to know
the conditions, ways, and means, Lord Windsor hereby declares
(1) that all persons now ready to transport themselves to Jamaica
shall have the benefit of the present fleet, and upon their arrival
shall receive allotments of land without delay ; (2) that those who
are desirous to entertain themselves as servants for a year or more
shall have their lands set out notwithstanding ; (3) that all handi-
crafts or tradesmen shall have all encouragement; (4) that none
shall be imposed upon in point of religion, provided that they con-
form themselves obediently to the civil government ; (5) justice
AMERICA AND WEST INDIES. 97
1662.
shall be duly administered agreeably to the laws of England, or
such laws, not repugnant thereto, as shall be enacted by consent of
the freemen of the island ; (6) that free commerce with foreigners
shall be allowed. Certified copy by Edward Bowden, Deputy Secre-
tary. 2 pp. [Col. Papers, Vol. XVI., No. 72.]
325. Three propositions of Lord Windsor to the President and
July 11. Council of Barbadoes, to which their answer in writing is requested :
(1) That the royal proclamation which has been published may be
proclaimed with the usual grandeur in all public places ; (2) that
all free persons may have liberty to transport themselves, their
families and goods without prejudice or contrived hindrances ;
(3) that as it is not only probable, but by intelligence known, that
the Spaniard endeavours to disturb the first settlement of Jamaica,
the President and Council of Barbadoes will declare their ready
obedience to his Majesty's commands when necessity thereunto shall
require it. Certified copy by Ed. Bowden, Dep. Sec. 1 p. [Col.
Papers, Vol. XVI., No. 73.] "
July 11. 326. Order of the President and Council of Barbadoes. Lord
[Barbadoes.] Windsor having presented to the Board the King's letter to Lord
Willoughby, his Majesty's proclamation to encourage settlement in
Jamaica, and his own proposals to the people of this island, ordered
that they be published in St. Michael's town to-morrow by the
Provost-Marshal by beat of drum, next Sabbath day in all the parish
churches, and in all the courts of common pleas. Answers given in
writing to Lord Windsor's three propositions. Signed by Edward
Bowden, Dep. Sec. 1 p. [Col. Papers, Vol. XVI., No. 74.]
July 11. 327. Answer of the President and Council of Barbadoes to the
demands of Lord Windsor: (1) His Majesty's proclamation shall
be published to-morrow by beat of drum in St. Michael's town, and
on Sunday next in all the parish churches, and in the several courts
of common pleas as they shall sit ; (2) all persons free from debts
and covenanted service, having legally obtained a ticket from the
superior authority of the island, .shall not only have liberty, but
cheerful encouragement for their transportation to Jamaica ; (3) the
President and Council will with their utmost industry yield all aid
and assistance that the island can conveniently afford when thereunto
required. Certified copy by Ed. Bowden, Dep. Sec. 1 p. [Col.
Papers, Vol. XVI., No. 75.]
July 15. 328. An Act for the furtherance and encouragement of such
[Barbadoes.] persons as desire to go off this island under the command of his
Excellency the Lord Windsor to inhabit the island of Jamaica.
Whereas by the laws and customs of this island for the satisfaction
of creditors no person is free to go off the same unless his or her
name be set up one and twenty days in the Secretary's office, and
be not underwritten during that time, which time seems too long in
this present conjuncture, in regard of Lord Windsor's sudden inten-
tion of departing from hence. Be it enacted that during the space
of one month from this date, if the fleet now in port stay so long,
persons that have a mini to go shall set up their names accordingly
M 60o.
3 COLONIAL PAPERS.
1662.
during the space of seven days only ; but if any person be under-
written, said underwriting, if desired, shall be forthwith determined
by a special court of common pleas empowered by the President
and Council. Certified copy by Ed. Bowden, Dep. Sec, 1 pp-
[Col Papers, Vol. XVI., No. 76.]
July 15. 329. Proclamation of Governor D'Oyley concerning imprisonment
[Jamaica.] for debt. That because of the general want both of stores and
prisons to maintain and secure prisoners for debt, such persons after
legal process or by special order of the Governor and Council shall
upon complaint of the Provost-Marshall or the creditors, be appointed
to serve said creditors for the aforesaid debts according to the service
herein set forth, as is allowed and practised by the well constituted
Governments of Barbadoes and other the Caribbee islands. [Col.
Entry Bks., No. 34, pp. 47-51, and No. 37, pp. 11, 12.]
July 16. 330. Orders of the Governor and Council of Jamaica. Commis-
sions of the judges and justices of the peace to be continued. Parcels
of land granted or purchased by the harbour side, having been con-
siderably built upon, no one shall pass or repass the harbour when
enclosed, without leave from the proprietors. That five shillings
be allowed for serving a writ upon Wm. Parker for 4Z. That John
Williams be released from his servitude, and his writings burnt by the
hangman, petitioner paying 20s. for being drunk, of which 10s. to the
hangman. That Sarah Mitchell have licence to sell drink. That Joan
Sedison, maid to Margery Webling, serve five years. On petition of
Capt. Burroughs, Robert Nelson, and Jno. Colebank, and Humphrey
Freeman, ordered that they may dispose of the plantations now in
possession of Capt. Rich. Guy, on certain conditions. 2 pp. [Col.
Entry Bks., No. 34, pp. 45, 46, and No. 37, p. 11.]
July 16. 331. Petition of the Mayor of Bristol to the King. Among those
who repair to Bristol from all parts to be transported for servants
to his Majesty's plantations beyond seas, some are husbands that
have forsaken their wives, others wives who have abandoned their
husbands ; some are children and apprentices run away from their
parents and masters ; oftentimes unwary and credulous persons
have been tempted on board by men-stealers, and many that have
been pursued by hue-and-cry for robberies, burglaries, or breaking
prison, do thereby escape the prosecution of law and justice.
Prays for power to examine all masters of ships belonging to Bristol
bound for the plantations, and also all servants and passengers on
them, whether they go of their own free will, and to keep a register
of them. [Dom., Chas. II., Vol. LVIL, No. 71, Col., p. 441.]
July ? 332. Order [in Council ?]. That Sir William Berkeley -forthwith
repair to his Government in Virginia and consult with Lord Balti-
more's Lieutenant in Maryland upon promoting the planting of
hemp, flax, and silk, &c. in those parts, and the restraint of planting
tobacco, for which his Majesty's letters are to be written. 1 p.
[Col. Papers, Vol. XVL, No. 77.]
July ? 333. Petition of Sir William Berkeley, his Majesty's Governor of
Virginia, to Lords of the Council for Foreign Plantations. That by
AMERICA AND WEST INDIES. 99
1662.
the King's command he is suddenly to depart for Virginia, there to
promote those staple commodities of silk, hemp, flax, potashes, masts,
and timber for shipping, which Virginia is so admirably proportioned
to produce, that within seven years England will not be necessitated
to bring them from other countries. For this some few skilful men
are wanted to teach the nearest and cheapest way to produce such
commodities, for which 500?. once expended will be sufficient. Re-
quests instructions for the good of the Colony, which he suggests
" that your Lordships may do this with less trouble." As to the
administration of justice and making of laws. Observations on
some laws, which the civilians call extravagant. They will in future
print their laws for their Lordships' approbation, amendment, or
rejection, so that errors cannot be of more than one year's duration.
As to the Governor's allowance. Desires leave to add one law more
to those they have already deviating from the laws of England in
reference to payments in other commodities to the exclusion of
tobacco. For permission to print this petition, that any planter or
merchant having anything to oppose may present it to their Lord-
ships. 3 pp. [Col. Papers, Vol. XVI., No. 78.]
July 21. 334. Minutes of the Council for Foreign Plantations. Petition
of Sir Wm. Berkeley, Governor of Virginia, having orders speedily
to repair to his Government, making proposals for the advancement
of that plantation, and reciting laws made there (by the civilians
called extravagant), with the reasons for making them, which he
prays may be considered, amended, or rejected as this Council should
think fit, and another law added (as in said petition is more fully
contained). Upon debate thereof, and it appearing to be matter
of great weight, it is ordered that all persons interested be desired
to attend on Monday next [28th ? next Monday week, see 4th Aug.,
No. 341.] 1 p. [Col. Papers, Vol. XIV., No. 59, pp. 45, 46.]
July 21. 335. A record of the whole proceedings between the President
and Council of Barbadoes and Lord Windsor, Governor of Jamaica,
from his arrival on the 10th of July to his departure on August 1
following. On the llth of July Lord Windsor presented to the
President and Council the King's letter directed to Lord Willoughby
concerning the peopling of Jamaica ; a letter from Lord Willoughby
to the President and Council of this Island ; the King's proclama-
tion, and his own declaration to the inhabitants of this island.
Ordered that said proclamation and declaration be published the
next day by beat of drum in St. Michael's, also in all churches and
courts of common pleas. Lord Windsor also presented a paper con-
taining three proposals, which was read, and an answer in writing
made by the President and Council. Then follows Lord Willoughby 's
letter ; the King's proclamation dated 14th December 1661 [see
ante, No. 195]. Lord Windsor's declaration, his three proposals, and
the answer of the President and Council dated llth July 1662 [see
ante, Nos. 324-327]. 7 pp. [Col. Entry Bk., Vol. XL, pp. 65-72.]
July 22 336. An Act for the better encouragement of such persons as
[Barbadoes.] shall now embark for Jamaica. Whereas Lord Windsor has repre-
G 2
100 COLONIAL PAPERS.
1662.
sented that many persons intending to transport themselves to
Jamaica upon this present fleet are much impeded, by reason that
their employers and other persons owing them sugar, goods, and
money, refuse to pay the same : Be it enacted that the justices have
power to hear and determine all matters of debt, and to attach
sugar, cotton, ginger, indigo, tobacco, servants, slaves, cattle, horses,
or provisions of the defendant, not exceeding 4,000 Ibs. of sugar, on
plaintiff producing a certificate from the Secretary's office and from
Lord Windsor's Commissioners, that he has contracted to go this
voyage. Provided that if any person after recovery shall fail to
proceed on said voyage he forfeit double the amount so recovered.
Certified copy by Ed. Bowden, Dep. Sec. 2^ pp. [Col. Papers,
Vol. XVI., No. 79.]
July 24. 337. John Francis, of the Diamond, to the Navy Commissioners.
According to orders from Col. D'Oyley, Governor of Jamaica, set
sail thence on April 24th to the Caiman Isles for turtle to victual
home, but coming too soon for it, stayed till May 29th, and then
set sail for England, being .forced to take turtle of a Frenchman at
last : arrived this day in the Downs. [Dom., Chas. II., Vol. LVII.,
No. 100, Gal., p. 446.]
July 26. 338. Memorial of Adolph Wolffratt, agent of the Duke of
London. Courland, to the King. Concerning the forts in Gambia belonging to
the Duke of Courland and Semigallia when English'ships took posses-
sion of them, the matter stands thus : The Duke's Commissioner,
Henry Member, and the Governors of the West India Company, when
the Duke was taken prisoner by the Swedes in Ingermanland, agreed
that the Company should maintain the forts and have commerce,
until the Duke redemanded the same, as witness the form of contract
annexed. The Company took possession, but in 1660 desired the Duke
would resume possession. Otto Steele, who formerly was Governor of
those forts, arrived in the River Gambia in June 1660, and the forts
were restored to the Duke, who kept possession till March 1 661, when
Capt. Holmes commanded him to give up the isle and forts to the
English, so the Governor, being forced, gave them up, as appears by
the relation of the Governor, hereto annexed. The paper, No. 3,
hereto annexed, shows that the Duke never abandoned to any Prince,
State, or Company the least right over his territories or forts,
and the memorial delivered to his Majesty on June 28 [see ante,
No. 316] shows it is not the meaning of the Duke to shut up the
river, or hinder the affairs of his Majesty's subjects in those places,
since his only wish is that they likewise may fix their habitations
there and raise forts. The Duke of Courland assures himself that
his Majesty will neither trouble his Highness in his lawful posses-
sions, nor permit the like to be done by others, but will protect him
against all injuries. But neither the Duke nor his successors will
ever abandon the dominion over these forts to the prejudice of his
Majesty's subjects, and they cannot be taken by any State if the
Duke is assisted by his Majesty. The subjects of his Majesty and the
Duke may live peaceably, build, and plough, within their respective
territories and forts ; and his Majesty's subjects with their many
AMERICA AND WEST INDIES. 101
1662.
great ships, can have as much profit as the Duke with his little
ones can ever have. Latin. Annexed,
338. I. Contract between Henry Member, commissary of the Duke
of Courland, and the Governors of the West India Company
of Amsterdam. The Company shall protect and maintain
the place, forts, and negotiations in Gambia, under the Duke,
until he can defend them himself; and shall enjoy the
benefit of the navigation, and pay the garrison during said
time. But as soon as the Duke can direct his own affairs
and redemand his forts in Gambia, the Company shall
restore the same. Amsterdam, 1659, Januaf y **_
February*.
338. II. Relation of Otto Steele, Governor for the Duke of Cour-
land in Gambia. The West India Company having forsaken
the Duke's isles and forts in the river Gambia, Steele took
possession of same and kept them until March 1661, when
Capt. Holmes came with his Majesty's ships of war and
commanded Steele within 1 days to deliver them up. After
having informed Capt. Holmes that said isles and forts
belonged to the Duke of Courland, and that he was not able
to repel his forces, Steele gave up possession to Capt. Holmes.
London, 1661-2, March 13.
338. in. The States General to the Duke of Courland. Have
received his Highness' letter, dated at Grubin, 6th May, with
documents inclosed, and understand that his commissioner,
H. Momber,iwhen his Highness lived without his dukedom,
made a transaction in writing with the West Indian
Company at Amsterdam, concerning the forts of his High-
ness in Gambia ; return this friendly answer, that the
Governors and Company are ready to perform that which
they have promised.
338. iv. English translation of the above memorial of Adolph
Wolffratt to the King, dated 30th July 1662. Together 5
documents. 20 pp. [Col Papers, Vol. XVI., Nos. 80-84.]
July 30. 339. Answer of the President and Council of Barbadoes to Lord
Windsor's demands [see ante, No. 325]. Hope his Excellency has
received full satisfaction with regard to the first and second demands,
and for the third, will forthwith yield all possible aid to Jamaica,
upon notice of any eminent danger by attempts from the Spaniard, as
long as they are entrusted with this substituted authority, and will
recommend the same to Lord Willoughby on his arrival. Attested
copy by Ed. Bowden, Dep. Sec. l^pp. [Col. Papers, Vol. XVI.,
No. 85.]
July. 340. Bounds of Sir Thomas Temple's patent of Novia Scotia. Sir
Thomas Temple's patent granted July 27, 1662, bounded as follows :
From Mereliquish on the east to the port and cape of La Have,
along the coast of Cape Sable to Port Latour or Longrey, thence
following the coast and island to the Cloven Cape, river Ingogen,
and Port Royal, to the bottom of the bay, and thence along the
bay to St. John's Fort, Penobscot, and the river St. George unto
Muscentua, on the confines of New England ; extending up the land
100 leagues and 30 leagues into the sea, and further to the next
102 COLONIAL PAPERS.
1662.
plantations made by the Dutch, French, or English of New England.
1 p. [Col Papers, Vol. XVI., No. 86.]
Aug. 4. 341. Minutes of the Council for Foreign Plantations. Upon de-
bate of Sir Wm. Berkeley's proposals for the improvement of the
Colony of Virginia this Council was inclined to proceed to some
resolutions thereon, but wishing first to receive the fullest informa-
tion they can upon said proposals, ordered that summonses be
sent to the several members of this Council to meet on Thursday,
and particularly that Messrs. Digges and Jefferies be desired to
attend to give their advice, they being experienced in the affairs
and interests of that colony. ^ p. [Col. Papers, Vol. XIV., No. 59,
p. 46.]
Aug. 7. 342. Minutes of the Council of Barbadoes. A narrative to be
made to Lord Willoughby of all their transactions with Lord
Windsor, in his design for peopling Jamaica, with representation of
the sad condition of this island, and the sudden ruin it is like to fall
into, if it be thus perpetually harrassed by all his Majesty's men-of-
war as they come along. And that a modest narrative of all the
passages of Lord Windsor's being here be drawn up and presented to
both the Secretaries of State, f p. [Col. Entry Bk., Vol. XI., p. 72,
73.]
[Aug. 7.] 343. Petition of Thomas Breedon to the Privy Council. After
several hearings of the proprietors and inhabitants of Nova Scotia,
and Mr. Elliott, the intended Governor, at the Council Board, it was
agreed that the government should be conferred upon Thos. Temple,
for the consideration of 5001. per annum, and in case he refused,
petitioner should be his Majesty's Lieutenant there, and the rest of
the proprietors might have their share therein, paying their several
proportions of said annual rent ; in pursuance of which agreement
petitioner Rendered Elliott security for said rent, but said Elliott,
notwithstanding the agreement before their Honours, endeavours to
dispose of the country to others who have no pretence of any right
to the same ; to the utter ruin of petitioner, the inhabitants and
merchants. Prays their Lordships to appoint a day for a rehearing
of both parties In margin, Agent, Mr. Elliott. Received 7th
Aug. 1 p. [Col. Papers, Vol. XVI., No. 87.]
Aug. 8. 344. Order of the Privy Council. That the petition of Francis
Whitehall. Cradock, concerning the deprivation of his rights as Provost-
Marshal-General of Barbadoes by Col. Humphrey Walrond, Presi-
dent, be taken into consideration on the 22nd inst., and that Lord
Willoughby of Parham have timely notice to object against the
matter complained of, if he have anything to offer. Annexed,
344. I. Order of the Privy Council. That the settlement of said
office should be referred to Lord Willoughby (who is speedily
going to Barbadoes), presuming he will have respect to the
Letters Patent granted to said Cradock, and if he find any
just exception against said patent to report thereof unto
the Board. Whitehall, 1G62, Aug. 27. 1 p. [Col. Papers,
Vol. XVL, No. 88.]
AMERICA AND WEST INDIES.
103
1662.
Aug. 11.
Aug. 14.
345. Minutes of the Council for Foreign Plantations. Question
whether the Colony of Virginia should bear its own charge and no
longer be burthensojne to the Crown. The Council of opinion it
should bear its own charge, and to advise the King to recommend
to the Colony the levying and raising a revenue for that purpose.
Upon debate of Sir Win. Berkeley's petition and proposals concerning
the advancing and promoting the staple commodities of silk, hemp,
flax, potash, and timber for shipping, it is ordered that 1,000. per
annum, as formerly, be submitted to the King as the Governor's
allowance, with such increase as his Majesty shall judge requisite,
and that two shillings per hogshead of tobacco be continued to be
paid to that purpose ; but before presenting their judgment to the
King, all planters and merchants who can give their advice are
directed to attend. Lord Baltimore is desired to attend in reference
to a complaint of a secret trade by the Dutch with . the English
plantations in tobacco. 1 pp. [Col. Papers, Vol. XIV., No. 59,
pp. 46, 47.]
346. A true and faithful narrative of the proceedings of the
Council and Assembly of Barbadoes, in obedience to his Majesty's
Proclamation and Lord Willoughby's letter, for aiding and peopling
Jamaica ; and of Lord Windsor's proceedings, and carrying off people
from the island. Arrival of Lord Windsor on 10th July, the King's
Proclamation and his Lordship's declaration published the next day.
His paper of demands and the Acts passed by the Assembly for
assisting the settlement of Jamaica, but notwithstanding all the care
taken to promote his business, Lord Windsor appointed Commis-
sioners of his own to receive names, who sent the persons on board
immediately, without taking care to discover whether their names
had been set up seven days, or whether they entered their right
names, or were free or indebted. It is true that Lord Windsor gave
the Provost-Marshall leave to search the ships, but there was no
likelihood of discovering anyone, and many servants and debtors
have gone off, to the great damage of many of the inhabitants.
Certified copy by Edward Bowden, Dep. Sec. 3 pp. [Col. Papers,
Vol. XVI., No.
Aug. 14. 347. Copy of the preceding narrative. [Col. Entry Bh, No. 11,
pp. 73-75.]
Aug. 14. 348. Adolph Wolffratt, envoy of the Duke of Courland, to
London. the Duke of York. Acknowledges his Highness' favour to the
Duke of Courland, and earnestly solicits his Majesty not only to
restore the Duke's fort in Gambia river, but to concede free com-
merce, so it be not to the prejudice of his Majesty's subjects. The
Duke, at his own expense, will send forces sufficient to defend the
fort, and will appoint a Governor of the Courland nation. Begs he
will shortly send some minister to treat with his Majesty's delegates
on these matters. Latin. I p. [Col. Papers, Vol. XVI., No. 90.]
Aug. 15. 349. Adolph Wolffratt, agent to the Duke of Courland, to the
London. delegates of the business of Courland. Refers to his memorials to
his Majesty for proof of the justice upon which the petition of the
Duke of Courland is founded, but will comprise all in a few words.
104 COLONIAL PAPERS.
1662.
The Duke acquired his islands in Gambia by purchase, occupied
and at immense expense " extracted " forts upon them, and peacefully
possessed them Tor more than 10 years, when they were taken, he
knows not on what pretence, by English ships. As to the pretences
of Flemish or any other nation it suffices that Letters Patent have
been communicated to their Honours, in which the States General
confess they can pretend nothing de facto or de jure. Is it that the
Prince at some time or other has neglected to rise at the nod of his
Majesty, or that with his little ships he has hindered the course
of the mighty English ships, for which he must pay as a penalty
islands and forts, bought and " extructed " at such cost ? The
Prince knows not how to deceive, and would rather suffer an injury
without imitating it. In a word, two things are sought by his
Highness, restitution of his forts, with freedom of commerce, and
royal grace and favour ; the first the envoy has demonstrated more
clearly than the sun himself, the other he leaves to be revealed by
them. Latin. 1 p. [Col. Papers, Vol. XVI., No. 91.]
Aug. 17. 350. The King to the High Sheriff or Undersheriff of the county
of Norfolk. Being informed by Mr. Justice Twisden that he has
reprieved eight persons condemned at the late assizes at Norwich
until the 23rd inst., his Majesty's pleasure is that the law pass on all
who are condemned for burglary, and that the rest be transported to
Jamaica, if any one will give security that they shall be transported
thither and not return any more. -f p. [Dom. Entry Bk., Chas II.,
'Vol. III., p. 79.]
[Aug. 17.] 351. Petition of Lieut.-Col. Robert Sanford to the King. Divers
of his Majesty's subjects being settled in the river Surinam, estab-
lished a peculiar kind of Government, subject to the laws of England,
elective in the people, who yearly were to appoint all members
thereof. One Byam having gotten possession by such election, con-
tinueth himself beyond the time limited, and for so doing pretendeth
to have his Majesty's proclamation, but never showeth it. The
generality, thus robbed of their privileges, begin to mutter, and
others better spirited openly deny his power ; one of whom is kept
prisoner in irons, and others are tried by a kind of military power,
where they are fined and banished; of which petitioner is one.
Craves that his Majesty's Royal commands may bring the wrong-
doers to impartial justice, and bless petitioner with a fruition of
those laws made for preservation of the interests of his Majesty's
subjects. With reference to the Lords of the Privy Council to give
such order for petitioner's reparation as shall seem meet. Hampton
Court, 1662, Aug. 17. 1 p. [Col. Papers, Vol. XVI., No. 92.]
Aug. 18. 352. Petition of divers masters of ships trading to Virginia to
the Lords of the Privy Council. Complain of being compelled to
give bond of 2,OOOZ. to pay 2s. sterling for every hogshead of tobacco
laden aboard their ships, besides I2d. in money for every ton of
goods for a castle duty, though there is not any there or other
defence for their ships. Pray to be freed from giving such bond,
and that they may as formerly deliver half a pound of powder and
AMERICA AND WEST INDIES. 105
1662.
three pounds of lead towards the defence of the plantation instead
of castle duty, "exhib. xviii. Augusti 1662." 1 p. [Col. Papers,
Vol. XVL, No. 93.]
Aug. 18. 353. Minutes of the Council of Foreign Plantations. Petitions
Inner Court of O f Sir Wm. Berkeley and of divers masters of ships trading to
Wards. Virginia referred for further consideration. Lord Baltimore desired
to attend on 25th inst. on matters relating to Virginia and Maryland.
p. [Col. Papers, Col. XIV., No. 59, p. 48.]
Aug. 18. 354. John Paige, Will. Bate, Geo. Walrond, and John Jennings,
Harbadoes. justices of the peace, to Sec. Necols [Nicholas ?]. His hard travels,
great sufferings, and willing exile in adhering to his Prince, bespeaks
a countenance kind enough to serve a good cause and a loyal
subject. Enclose a nairation of the proceedings in the committal of
Captain Whiting, of the Diamond, with request that opportunely
he will execute that part of justice in laying it before his Majesty,
which Solomon did concerning the child, juste justitian agere, and
with all expedition, because Capt. Whiting (promoted and instigated
by an old faction here) attempts to render their action therein,
"though never so truly in the line of justice and the law in the
sense of an axiom of disloyalty." Inclose,
354. i. A true narrative or report of the grounds and commitment
of Capt. Richard Whitinge, belonging to his Majesty's
ship Diamond, and three or more of his seamen, and of
their several misdemeanors committed the 20th and 21st
of November 1661, exhibited and subscribed by us, his
Majesty's justices of the peace, for our vindication from the
false clamours of the said Capt. Whitinge, and the assert-
ing our own innocency in the execution of justice in that
transaction, unto Thomas Lord Windsor, of Windsor, and
Governor of Jamaica, in pursuance of and in obedience to
an order of his Majesty and the Privy Council, Whitehall,
llth April 1662.
354. II. Depositions of John Coder, constable, Thomas Moore,
John Robinson, Col. Theodore Carye, commander of the
ship Frederick, Jeffrey Pont, Edward Anthony, and
Lawrence Hannaton, in reference to the above. November
and December 1661.
354. in. Deposition of John Yaxley before Hum. Walrond,
President of Barbadoes. Returning from Carlisle Bay to
St. Michael's, on November 5th last, after commemorating
the Gunpowder Treason by pistol firing, he was on a
sudden assaulted and deprived of his pistol, tripped up,
kicked, and hauled into a boat, which was then rowed
away to the Diamond frigate, where he was kept in the
bilboes all that night with one Mr. Hunt. About 9 or 10
o'clock next morning he and Hunt were released. Some
of the Diamond's men assaulted him and took away his
pistol, and the Captain kicked him in the boat. Barbadoes,
December 31, 1661. Together 19 pp. [Col. Papers,
Vol.ZVL,No8. 94-96.]
106 COLONIAL PAPERS.
1662.
Aug. 20. 355. Minutes of the Council of Jamaica. Present, Governor Lord
St. Jago Windsor ; Sir Charles Lyttelton, Cols. Wm. Michell, Sam. Barry, and
Vega - Rich. Wilbraham, Lt.-Col. Henry Archibold, Maj. John Coape, and
Sec. Rich. Povey. Resolved that the letters from the Governors of
Porto Rico and San Domingo are an absolute denial of trade, and
that according to his Majesty's instructions to Lord Windsor, a trade
by force or otherwise be endeavoured. 1 p. [Col. Entry Bk., No. 37,
fol 17.]
Aug. 21. 356. Humphrey Walrond to Sir Edward Nicholas. Sends an
account of Barbadoes to the King, and hopes his Majesty will take
note of their loyalty, not heeding the falsehoods circulated by certain
desperate characters. Encloses 10 papers concerning the arrival,
stay, and departure of Lord Windsor ; containing also evidence of
their desire to serve his Majesty's interest for Jamaica, and setting
forth " some prejudice done to them in that expedition." Requests
him to lay the papers before the King without delay. Indorsed,
" Rec. 8th Nov." [see ante, No. 335.] 1 p. [Col. Papers, Vol. XVI.,
No. 97.]
Aug. 25. 357. Minutes of the Council for Foreign Plantations. Report
Inner Court of to his Majesty on petition of masters of ships trading to Virginia
T s ' [see ante, No. 352], as to the customs they have to pay for
tobacco laden aboard their ships, including a castle duty, which
used to be half a pound of powder, and three pounds of lead for
bulleting, towards the defence of the plantation. Consideration of
a secret trade with the Dutch for tobacco of the growth of the
English plantations, to the defrauding of his Majesty's Customs.
Lord Baltimore promises to write to his deputy in Maryland to
seize all such tobacco. Messrs. Pym and Povey to draw up some
heads of remedies for said abuses. 1 p. Part printed in New
York Documents, III., 44. [Col. Papers, Vol. XIV., No. 59, p. 49.]
[Aug. 26.] 358. Petition of Sir William Berkeley, Governor of Virginia,
Sir Henry Chicheley, Edward Digges, Richard Lee, and others,
planters and inhabitants in Virginia and Maryland, to the Xing.
Set forth that through the excessive planting of tobacco the price
has fallen so low that it will not bear the charges of freight and
custom, and pray that his Majesty's injunctions be given to the
sheriffs of this Kingdom (of England) to put the Act against plant-
ing tobacco in full execution, and that the Governors of Virginia
and Maryland have command not to permit any ship to depart
from thence next year until after 1 May next. Signed by the first
three petitioners. Indorsed, " Received Aug. 26. Read in Council
Aug. 28." 1 p. [Col. Papers, Vol. XVI., No. 98.]
Aug. 27. 359. Warrant to (the Attorney-General). To prepare a bill con-
taining a lease to pass the Great Seal to Francis Lord Willoughby
of Parham, and his assigns, for 7 years from Christmas Day next,
of all his Majesty's islands, colonies, and plantations, known by the
name of the Caribbee Islands and others, between 1 and 20 N. Lat
from the island of St. John de Porto Rico to 324 easterly, rendering
to his Majesty, his heirs and successors, one moiety of all fines,
AMERICA AND WEST INDIES. 107
1G62.
customs, rents, dues, &c. raised out of the same, the other moiety to
be kept by the said Lord Willoughby and his assigns for his or
their own benefit. 1 p. [Dom, Entry Bk., Chas. II., Vol. VII.,
pp. 205, 206.]
Sept. 1. 36O. Clement de Pleneville to M. Le Chevalier Moray [?Sec.
Jamaica. Morrice], at the Court at Withale. Is unwilling to defer giving an
account of all that has passed since his departure from London.
Weighed anchor at Plymouth, stopped at Barbadoes but two hours,
and on the evening of his arrival [at Jamaica] was commanded by
Lord Windsor to embark for Porto Rico. Took occasion to speak
with some officers and soldiers on board, and has given an attesta-
tion of the conversation to Lord Windsor. Has had no relaxation
since his return from Porto Rico, being daily employed in drawing
plans of the isle and town of Porto Rico, with a description of the
island, forts, cannons, coasts, &c., which he has given to Lord
Windsor for his Majesty. Has been at San Domingo, where he saw
what he could of the town, fort, and coasts, and will draw a plan of
it at leisure ; but that of Porto Rico is a great work, there being
four different forts. As he wrote his Majesty, he left 2,500 men in
San Domingo, but there are no more than 1,500, and the half of
them monks and churchmen. Lacks some one to whom he may
consign his letters. Is in hopes of returning shortly to Hispaniola,
to make trial of the Hispaniols, who have ill-treated the Maroons
[marons] of San Domingo: affairs are in such a state that in
hour's conversation he could demonstrate the execution of the
memorials he presented. to his Majesty. Lacks some servants and
a brigantine capable of carrying 50 men ; but if his Majesty will
send the ship, and Sec. Morrice and M. Le Febvre will embark some
servants upon it, will strike three blows with one arrow, and serve
his Majesty, Sec. Morrice, and himself. The scourging the moun-
taineers (?) of San Domingo have had, makes them stretch out their
arms towards his Majesty : cannot say more, for they play tricks in
this country, and fears his letters might be seen. Begs his Majesty
to recommend him to Lord Windsor, or Sir Chas. Lyttelton, who
has been all his support. Will not write again till he hears from
Sec. Morrice, nor will he put anything in the ships for his Majesty's
satisfaction, till Sec. Morrice has found means to receive them in
safety ; for without his Majesty's signature nothing can be done,
and had it not been for Lyttelton, should have feared for the pas-
sage of his men, though his Majesty had so ordered. French. 3 pp.
[Col. Papers, Vol. XVI., No. 99.]
Sept. ? 361. Abstract of memorial of Clement de Pleneville to the King
That his Majesty name some person with whom he may communicate
in cypher. That the mountaineers [montaires] of Hispaniola are
ill-treated and hold out their arms to a protector, and there are but
1,500 men in San Domingo, half of whom are monks and churchmen,
instead of 2,500. Needs some men, and a brigantine to carry 50 to
80 men, for his Majesty's service. Desires to be recommended to
the Governor of Jamaica, and above all to Sir Chas. Lyttelton ; and
to have a commission for lading any rarities he may procure for his
108 COLONIAL PAPERS.
1662.
Majesty's satisfaction. French. I p. This is contained in his pre-
ceding letter to Sec. Morrice. [Col. Papers, Vol. XVI. , No. 100.]
Sept. ? 362. Petition of Robert Sanford to the King. Whereas petitioner
has complained to his Majesty of divers great wrongs and injustices
acted towards himself and others, by certain pretenders to power in
the colony of Surinam, and same are referred to the Privy Council ;
prays that a day may be appointed for petitioner to appear before
his Majesty and Council, to declare his case, and receive according
to the merits thereof. 1 p. [Col. Papers, Vol. XVI. , No. 101.]
[Sept. 3.] 363. Petition of Lieut.-Col. Robert Sanford to the Lords of his
Majesty's Privy Council. The case of the prescripts from Surinam
briefly stated. The colony, neglected by those who had usurped
our sovereignty, was constrained to unite in constituting a Govern-
ment. Elected delegates decreed that yearly the respective divisions
should depute representatives, in whose joint bulk the dominion
should remain, with subjection to the supreme 'power of England,
and that one, by nomination of the rest, should be their head. Byam
was first chosen, and for three successive years continued according
to this Constitution, in which time he made himself a faction that
overruled the less numerous party, and decreed their own continuance
in the Government. Complaints against Byam for exacting a heavy
imposition upon the people and calling the colony into arms, causing
tumult and civil war about the taking prize a Dutch shalop ; only
his word that they should have a legal trial for her, and seizing all
that had disputed his authority, many asleep in their beds, keeping
them prisoners, and bringing them to trial by court-martial, or rather
a High Court of Justice like that of Bradshaw's. The prisoners
who pleaded not guilty, without being heard, were hurried away,
first into irons, and then into exile, and a heavy load of fines was
added ; of all which penalties petitioner also became a patient, for
only labouring to avert so tyrannical a prosecution. This is the
substance of their sufferings, many parts of which will appear from
such witnesses as are here, and the whole may be proved by the
confessions in Byam's own declaration. Beseeches their Lordships
" to perpend " how insecure their future life must be under an
irritated authority, and not to remit them thither for satisfaction,
but condemn those lawless rulers to be commanded home, here to
make a defence of their actions. Indorsed, Petition of Lieut.-Col.
Robert Sandford to the Privy Council, with a petition and reference
from his Majesty to the Board and remonstrance of the petitioner
[see ante, Nos. 351, 362]. Received 3rd Sept. 1662. Read in
Council 12th Sept. 1662. Ordered. 2 pp. [Col. Papers, Vol.
XVI., No. 102.]
Sept. 5-30. 364. Minutes of the Council of Jamaica. Resolved that the
Point Cagway, island of 'Tortodoes be reduced under the English Government, and
LCa ' that two or more of the Council report what is requisite for settling
the possession of it and the better security of Jamaica. Sir Chas.
Lyttelton, sworn Keeper of the Great Seal ; Will. Michell, Judge
of the Administration of Law, the Admiralty, and Probate; and
AMERICA AND WEST INDIES.
109
1662.
1662?
Sept. 6.
Sept.
1662.
Sept. 8.
Wrington
[Somerset] .
Colls. Wilbraham and Barry, Justices. Mr. Freeman ordered to
bring in his books of transactions in General Bean's time. All
persons who have claims to lands or houses on Point Cagway to
send them in to Sir Chas. Lyttelton or Sec. Povey within 10 days,
so they may receive their grants according to his Majesty's instruc-
tions.
Sept. 12. Resolved, that men be enlisted for a design by sea
with the Centurion and other vessels, provided they be not servants
or persons who sell or desert their plantations for the purpose ; that
Capt. Joye receive 40. from Sec. Povey for buying 20 horses, to
form a troop for his Excellency's guard, each man to be paid 2s. per
diem ; that the inhabitants on Point Cagway appoint a nightly
watch of eight or ten under Lieut. Edgoose ; that the field officers
appoint their inferior officers until they be commissioned ; and that
Constantine Lyttelton receive a commission as justice of the peace.
Sept. 19-20. Capt. Constan. Lyttleton sworn of the Council.
Concerning the rights of Capts. Craw and Haywood and other
officers and soldiers to the donative money sent by the King for
distribution to the army, to be referred to the Council on their
return from the present design by sea. Instructions drawn up for
Capt. Ming.
Sept. 27. John Standly of Ligonia, prisoner, ordered to serve
seven years at St. Christopher's, and to suffer death if he return
without license.
Sept. 30. Warrant to Sec. Povey to draw up an Act for receiving
and settling the people called Quakers ; the fees to the Seal to be
6d. per acre, and to the surveyor 4d per acre. A yearly rent of
Id. per acre on all plantations allowed to the King. Two of the
Council to report on the rates of commodities. 4 pp. [Col. Entry
Bk., No. 37, pp. 17-19.]
365. Petition of owners of ships and merchants, traders to Vir-
ginia and Maryland, to the King and Privy Council. Against the
petition for prohibiting ships leaving Virginia until 1st May next
[see ante, No. 301], and praying that all ships may return from
thence according to the usual manner. Signed by Robert Vaulx
and 42 others. Indorsed, " Read 6 Sept." Annexed,
Reasons offered for the foregoing petition. Together 2 pp.
[Col. Papers, Vol. XVI., Nos. 103, 104.]
366. Reasons against an intended petition for prohibiting ships
coming from Virginia or Maryland until May. The merchants of
Bristol and other English ports and the merchants and planters
inhabiting in Virginia and Maryland ought to be heard before any
order is made in it. 1 p. [Col. Papers, Vol. X VI., No. 105.]
367. J. Fontinoy? jun., to Richard Talbott of [Bridgetown?]
Barbadoes. Family news. Sudden death of Samuel Tucker.
Whether he can give any good encouragement to come to Bar-
badoes, as he and other nonconformists may soon be forced by
prelatical persecution to leave England. Comforts himself with the
reflection that he does not " partake with the Beast in his mark or
110
COLONIAL PAPERS.
1662.
Sept. 12.
Whitehall.
Sept. 12.
Whitehall.
Sept. 25.
Whitehall.
name." Indorsed, " A Quaker's letter to one Talbot, a merchant
upon the Bridge." 1 p. [Col. Papers, Vol. XVI., No. 106.]
368. Instructions for Sir William Berkeley, Governor of Virginia*
To take especial care that Almighty God be devoutly and duly
served throughout the Government, the Book of Common Prayer
as now established read, and the Sacrament administered according
to the rites of the Church of England. The churches already built
to be orderly kept and more built, also houses for the ministers, each
of whom is to have 100 acres of land assigned to him for a glebe.
Within one month after his arrival to call a General Assembly and
publish his Majesty's free pardon and oblivion to all not attainted of
" the horrid murder of our dear father." All Acts passed during the
late rebellion to be repealed. Laws for the suppression of vice,
debauchery, and idleness to be passed. The planters to be encou-
raged to build towns upon every river ; " they cannot have a better
example than from their neighbours of New England, who have in
few years raised that colony to breed wealth, reputation, and secu-
rity;" one town at least to be built upon every river. Staple
commodities of silk, flax, hemp, pitch, potashes, &c. to receive every
encouragement. To appoint commissioners to treat with those of
Maryland to restrain the planting of tobacco. 1,000?. per arm. to
be paid to the Governor out of the 2s. per hogshead. To have
the Act concerning navigation strictly respected. Quit rents to be
carefully and justly levied. To transmit to England his opinion
and advice upon the erection of an iron work which the King
wishes to undertake himself. To send yearly accounts of the state
of the colony to the Council of Plantations. A commission of oyer
and terminer having been granted, the impartial administration of
justice is earnestly recommended. Persons learned in the law for
the performance of that service will be sent over if found requisite.
12 pp. [Col. Entry Bk., Vol. LXXIX., pp. 265-276. Copies of
the preceding instructions are also entered in Col. Entry Bks., No. 80,
pp. 99-107, and No. 92, pp. 263-272 ; and in Dom. Entry Bk.,
Vol. IV., pp. 67-72.]
369. Warrant for Sir Wm. Berkeley to have a ship of tobacco
of 300 tons customs free, when _he shall send or bring over a ship
of the same burthen laden with silk, hemp, flax, pitch, and pot-ashes,
the produce or growth of the colony of Virginia. 1 p. [Dom. Entry
Bk., Vol. VII., pp. 237, 238.]
37 O. Order of the Committee for Plantations. The settlement
of plantations in New England being seriously debated, the Lord
Chancellor declared that the King would speedily send commis-
sioners to settle the respective interests of the several colonies ; the
Duke of York to consider the choice of fit men ; a patent of corpo-
ration to be granted to Rhode Island ; the instructions for Lord
Willoughby of Parham, Captain-General of Barbadoes, corrected and
approved, and the Attorney-General ordered to see the same, and
also prepare form of a grant for Lord Willoughby to settle and
grant lands in the said plantations. 1 p. [Col. Entry Bk., No. 60,
pp. 9, 10.]
AMERICA AND WEST INDIES. Ill
1G62.
Sept.? 371. Warrant for Richard Miller, prisoner in Newgate, pardoned
upon condition of transportation, to be transported upon his own
humble suit to Jamaica. [Dom., Chas. II., Vol. LX., No. 47, Gal.,
p. 502.]
1662 ? 372. Petition of Capt. Thos. Trafford to the King. That Will.
Sayle, a severe separatist had surreptitiously possessed himself of
the Government of the Bermudas, and exercised cruel tyrannies
over the inhabitants, for which he was by the then Committee for
Foreign Plantations adjudged fit for banishment; but by the
exorbitant power of Desborow and Jones, two persons proscribed by
Parliament, who were sent thither, Sayle was settled in that
Government. Prays to be sent over to take the Government, which
he presumes to undertake, " because he has spent so much time in
travel." Capt. Florentia Seymour was appointed to succeed Wm.
Sayle as Governor, September 1662, see Gen. Lefroy's Memorials of
the Bermudas, IL, 185. 1 p. [Col. Papers, Vol. XVI., No. 107.]
Oct. 7. 373. Richard Lee to [Sec. Nicholas ?]. Begs he will excuse his
attendance until Wednesday, when he hopes to have received
certain copies in the business of Virginia. There can be no objec-
tion to the letter he solicits from the King, he has seen several
from his late Majesty, and one from his present Majesty. Will for
this last request present him with 10 pieces to buy a little toy, and
any rarities of that poor country he may command. 1 p. [Col.
Papers, Vol. XVI., No. 108.]
Oct. 10. 374. Proclamations of Governor Lord Windsor, (1.) All persons
Point Cagua, professing the faith of our Lord Jesus Christ, though differing in
lca ' religious worship, shall enjoy all the liberties and privileges of other
inhabitants, provided they observe the civil laws and customs. And
Quakers shall not be forced to serve personally in arms, provided
they contribute for the same.
(2.) Imposing penalties for receiving or concealing any slave or
servant without leave of absence from his master, and that every
planter give in an account of servants received since 1st August last
to a justice of the peace, who is to report same to the Council.
(3.) Regulating the money value of sugar, cocoa, and tobacco.
On account of the scarcity of money, and in accordance with the
practice of Barbadoes and other Plantations, sugar shall pass current
at 3d. per lb., cocoa at 4d, and tobacco at 3d. ; Peter Coveney and
John Walker to decide all disputes as to quality. And whoever
refuses these commodities shall suffer the penalties of 51., 2QI., and a
year's imprisonment for the first, second, and third offences. 8 pp.
[Col. Entry Bks., No. 34., pp. 53-60, and No. 37, pp. 24, 25.]
Oct. 10-28. 375. Minutes of the Council of Jamaica. Ordered that the
Point Cagua. Proclamation for encouragement of those differing in matters of
religion do pass. Capt. Burrough and Messrs. DaUyson, Bispham,
and Povey, to give in their accounts of the public stores in hand and
how disposed of by them. Field officers to inquire as to the
disposal of arms and stores A rent of ^d. per square foot to be
reserved to the King in all grants of land on Point Cagua.
112
COLONIAL PAPERS.
1662.
Oct. 14.
Whitehall.
Oct. 16.
Whitehall.
Oct. 18.
Whitehall.
Oct. 20.
Oct. 24. Capte. Thos. Fuller and Christopher Mings sworn of the
Council. The Spanish prisoners to be sent for Spain by way of
England the first opportunity. John Standly and John Golding to
be pardoned from the suspicion of mutiny. Lord Windsor's permis-
sion from the King to depart to England read.
Oct. 28. Sir Chas. Lyttelton's commission as Deputy-Governor
read. Jas. Jordan to bring in his account and show cause why he did
not prosecute the seizure of Edward Pinhorne's Madeira wines.
Capt. Ivey's guard of horse to be dismissed, and the men paid 2s.,
and the captain 10s. per day, for 30 days. Also the guards at Point
Cagway and St. Jago to be paid and dismissed. A constable to
watch in all the precincts, and nightly at Point Cagway. Lieut.
Edgoose to bring in his power for the water-bailiff's place. 1 pp,
[Col. Entry Bk., No. 37, pp. 19, 20.]
376. Warrant to the Attorney-General. To prepare a bill to
pass the Great Seal erecting an office to be called the Office of
Receiver-General of the Rents, Revenues, and Profits payable in or
from any of his Majesty's Foreign Dominions, Islands, Colonies, and
Plantations in Africa and America, with the yearly salary of 4:001.
payable out of said revenues, and containing a grant of said office
to Thomas Rosse and Thomas Chiffinch, Esq., jointly for their lives,
and the longer liver, to be performed by them or their lawful
deputy. 1 pp. [Dom. Entry Bk., Chas. II. , Vol. VIII., pp. 42, 43.]
The Patent is dated 9 April 1663, see No. 435.
377. Warrant to the Sheriffs of London to deliver to Captains
Foster and Longman certain prisoners according to the annexed list
(wanting, see names, 19th Dec., No. 394), for transportation to Virginia,
and to take sufficient security from said captains that none of them
return into England for twelve years. 1 p. [Col. Papers, Vol.
XVI., No. 109.]
378. Warrant to the Sheriffs of London to transport into some
of his Majesty's Foreign Plantations all such persons as by his
Majesty's charter of pardon of 10th Oct. inst. are ordered to be
transported. p. [Dom. Entry Bk., Chas. II., Vol. IX., p. 2.] A
duplicate of the above is dated 20th Oct., Ibid., p. 3.
379. The condition of Jamaica at Governor Lord Windsor's de-
parture on 20th Oct. 1662. His Excellency carried over a donative
from his Majesty of goods of all sorts, which were distributed
among the commanders, officers, and soldiers, and encouragement to
planters and those who desired the settlement of the island. He
also carried over good store of ammunition, and care was taken to
fill Fort Charles, but prevented by sickness, he left Sir Charles
Lyttelton to effect the same. Lord Windsor settled all proceedings
of law and erected an Admiralty Court. He disbanded the late
army and modelled them into military discipline under the com-
mand of the soberest men that could be found. He prescribed a
course under the seal of Jamaica for conferring plantations, houses,
and land, and settled fees. He called in all commissions for
privateers, and endeavoured to reduce them to certain orderly rules,
AMERICA AND WEST INDIES. 113
1662.
giving them commissions to take Spaniards and bring them to
Jamaica. He left at his departure Sir Charles Lyttelton governor,
a fit and worthy person, to the great content of the inhabitants. 1
pp. [Col. Entry Bk., No. 92, pp. 258, 259.]
Oct. 30. 380. Privy Seal for Letters Patent to be prepared under the
Westminster. Great Seal granting to Francis Lord Willoughby of Parham the
moiety of the revenue of the Caribbee Islands for seven years [see
No. 387]. 12 pp. [Col. Papers, Vol. XVI., No. 110.]
Oct. 30. 381. Entry of the preceding, with marginal abstracts. 6 pp.
Westminster. [Col. Entry Bk., Vol. V., pp. 25-30.]
Oct. ? 382. The King to Sees. Morrice and Bennet. Having extended
grace and mercy to many prisoners in England and Wales condition-
ally on their being transported to the plantations and not returning
again to this kingdom, the charge of transporting them is committed
to certain persons [not named], and all warrants are to be addressed
to them for a certain term of years, or until they shall have trans-
ported a certain number of persons. [Dom., Chas. II., Vol. LXI.,
No. 146, Col., p. 536.]
Nov. 8. 383. Affidavit'of. "William Crowford of Wapping, commander of the
ship Charles, belonging to the Royal [African] Company. On 28th
Oct. the James and Charles frigates came to anchor at Comendo on
the Coast of Guinea, where a Holland man-of-war, the Golden Lyon,
would not suffer any negroes to trade ; she had two sloops and three
men-of-war canoes, and a little to the westward lay two great Hol-
land men-of-war more. Capt. Merritt and Mr. Bartlett went to the
mine to demand of the Governor wherefore he would not suffer
them to trade ; his answer was his masters had ordered him. At
that time the Hollanders had no fort or factory at Comendo. On
30th Oct. the Charles set sail for the mine, and 5th Nov. both
sailed for Cape Corso, and the Golden Lyon anchored between them.
The Vice- Admiral Christiana was riding there. On 6th Nov. they
sent their skiff to buy slaves, but the Hollanders seized and detained
said skiff, goods, and men. Sailed to Gorman tin, leaving Capt.
Merritt at Cape Corse, and on 7th at Cormantin Castle, drew up a
protest against the Governor of the mine, the captain of the Golden
Lyon, and all the Dutch West India Company, to which they had
Agent Puliston's hand, also several merchants of Cormantin Castle.
8th. Nov., said protest was delivered aboard the Admiral, by Abraham
Holdbech and John Lumbly, mates of the James and Charles. After
which the prisoners were forced into the skiff and towed near Capt.
Merritt's ship, and there left with a threat that if they offered to go
ashore, the Governor of the mine had written they should be sent
thither prisoners. ^.^ pp. [Col. Papers, Vol. XVI., No. 111.]
Nov. 8-19. 384. Minutes of the Council of Jamaica. Resolved that for the
Point Cagua. nex t four months the militia be exercised every month or oftener,
and shall pay fines for non-appearance or not fixing their arms.
Debts due to the King for goods sold out of the public stores to be
brought in, also Jordan the Treasurer's account. An additional act
to be framed concerning the rates of liquors, &c.
M 605. H
114 COLONIAL PAPERS.
3662.
Proclamation of Deputy -Governor Sir Charles Lyttelton, in
accordance with the above resolution concerning the militia.
Nov. 9. Another proclamation recommending the inhabitants of
Point Cagua, for the advantage and credit of the town, to carry on
the work of hardening and levelling the streets, by the assistance of
John Man, Esq., Surveyor-General.
Nov. 19. An Act for the encouragement of planting.
Proclamation against the great quantities of jerked hog brought
into Cagua harbour to supply the wants of the inhabitants.
An Act for the sale of five copper guns taken at St. Jago de
Cuba. 7 pp. [Col. Entry Bks., No. 34, pp. 6 1-66, 74-75, and No.
37, pp. 20, 25-27.]
Nov. ? 385. Report of the Judge of the Admiralty to the King con-
cerning the John of Dublin. Upon petition of Wm. Rayner, brother
to John Rayner, Deputy-Governor of "Abyland" (Avalon), in
Newfoundland, setting forth that a Dutch ship which had taken in
fish without showing any certificate was seized and brought to
England. Forbears any further proceedings until the King's
further orders. Indorsed, " Read in Council 14th Nov. 1662."
2& pp. [Col. Papers, Vol. XVI., No. 112.]
Nov. 12. 386. Petition of John Rayner, Deputy-Governor under Lord
Baltimore in Newfoundland, to the King. In July last petitioner
seized a Dutch built ship, pretended to be called the John of
Topsham, for trading contrary to the late Act of Parliament, which
ship was sent to England to be proceeded against, but putting into
Dartmouth, was arrested in the name of John Borr, of Dublin.
Understands that the Judge of the Admiralty has made a report
thereon. Prays that his Majesty will hear his counsel in that court
before any order is made upon said report. Indorsed, " Read in
Council 12th Nov. 1662." 1 p. [Col. Papers, Vol. XVI., No. 113.]
Nov. 18. 387. Letters Patent granting to Francis Lord Willoughby the
Westminster, moiety of the revenue of the Caribbee Islands for seven years. His
Majesty grants to said Francis Lord Willoughby all the Caribbee
Islands, viz., St. Christopher's ats St. Aristovall, Granado ats
Granada, St. Vincent, St. Lucy ats St. Lucre, Barbidas ats Barba-
does ats Barbudos, Mittalania ats Martenico, Dominico, Margalanta
ats Marigallanta ats Marigante, Desseada, Todo Fantes ats Todo
Santes, Guardalupe, Antigoa ats St. Antigoa, Montserat, Redendo,
Barbido ats Barbada, Mevis, St. Bartholomew's ats St. Bartholo-
meo, St. Martin's ats St. Martin, Angilla ats Angvilla, Sembrera
ats Sembroa ats Essembrera, Enegada ats Enegeda, and Estatia,
and all other islands deemed part of the Caribbee Islands, lying
between 10 and 20 N. lat., and extending from St. John de Porto
Rico easterly to 327 degrees ; with all forts, harbours, rivers, lakes,
lands, woods, profits, customs, duties, rents reserved, fishings, royalties,
mines, advowsons, liberties, privileges, and commodities whatsoever
within the limits thereof to his Majesty belonging ; except such
AMERICA AND WEST INDIES. 115
1662.
parts as have been granted to or occupied by any planter or person,
which nevertheless shall be liable for all arrears of rents not dis-
charged by the late Act of general pardon and oblivion, and for all
such duties imposed in common with the residue of the islands ;
except the office of High Admiral of said islands, with the jurisdic-
tions, liberties, and profits thereto 'belonging. To hold the same to
the said Francis Lord Willoughby and his assigns from Christmas
next ensuing for the term of seven years. And the said Francis
Lord Willoughby, for himself, his executors and assigns, covenants
yearly to pay to his Majesty, his heirs and successors, the moiety of
all profits received during said term out of said islands, to be de-
livered to such persons as his Majesty shall appoint ; and to give
once a year at least a true and perfect account upon oath to the
High Treasurer of England or Commissioners of the Treasury of all
such profits. With power to said Francis Lord Willoughby, his
executors and assigns, their deputies or agents, to retain the other
moiety of said profits during said term ; also to collect, receive, and
recover by all lawful ways all said profits and the arrears, and to
enjoy the same without rendering any account to his Majesty. 2i
membs. [Pat. Roll, 14 Chas. II., part 20, No. 9.]
Nov. 19. 388. Minutes of the Council of Jamaica. The offers of the Grand
Point Cagua. Jury read, and particulars to be drawn up for a market. The Act
for the seal of tobacco referred for amendment to Col. Barry and
Lt.-Col. Archbould. Col. Smyth to bring in his order for hunting
cattle. Peter Pugh appointed Deputy Commissary and Steward-
General, upon Sec. Povey's motion. The five copper guns taken at
St. Jago on Cuba to be sold towards the building of the fort at
Point Cagua. Commissioners to be appointed to inquire into the
irregular and unjust dividends made to the late soldiers. Capt.
Evans to receive 5s. and Capt. Gaywood 3s. per diem out of the
King's donative. The merchants who have petitioned to be paid for
their commodities in the specie mentioned in their contracts. [Col.
Entry Bk, No. 37, p. 20.]
Dec. 2. 389. Twenty-four Acts passed at a Grand Assembly held at James
Virginia. City, Virginia, by prorogation from 23rd March to 2nd Dec. 1662 ;
but the titles only are given of those Acts against which is written
in the margin, Repealed, Expired, Obsolete, Useless. Printed in
Col. Entry Bks., Nos. 89, 90, 91, see ante, No. 262. [Col. Entry Bk.,
No. 88, pp. 49-53.]
Dec. 3-16. 390. Minutes of the Council of Jamaica. The Act for the seal
St. Jago de la o f tobacco returned and disannulled. Petition of Capt. John Har-
ega " rington referred to Capts. Lyttelton and Fuller. Surveyors to be
appointed and collections made by the several justices, for clearing
and levelling the highways, which are to be mended before the end
of the year.
Proclamation of Deputy-Governor Lyttelton in accordance with
the above order for the repair of highways.
Dec. 11. Col. Sam. Barry's instructions read and allowed. The
trade with the King of Spain's subjects to be prosecuted by force,
H 2
116 COLONIAL PAPERS.
1662.
and an attempt made to leeward, on the coasts of Cuba, Honduras,
and the bay of Campeachy. The Provost-Marshal, on his visit to
any ship, to signify that all persons desiring the benefit of his
Majesty's proclamation must enter the names and numbers of their
families at the Secretary's office on landing.
Proclamation of Deputy-Governor Lyttelton in accordance with
the above order concerning persons desiring the benefit of the King's
proclamation.
Dec. 16. Proclamation of the Deputy-Governor of Jamaica. Coun-
tenancing the transportation by Capt. Robt. Munden in the Charles
frigate of Col. Sam. Barry and Capt. Langford to Tortugas, near
Hispaniola, from whom Capt. Munden is to receive orders for reducing
the same.
An additional Act to an Act formerly made for raising a public
revenue out of all strong liquors imported into this island. [Col.
Entry Bks., No. 34, pp. 67-73, and No. 37, pp. 20, 21, 26, 27.]
Dec. 5. 391. The King to the Governor and Council of Virginia. Whereas
his Majesty in the first year of his reign [18 Sept. 1649] granted to
Henry Lord Jermyn, now Earl of St. Alban's ; Ralph Lord Hopton,
then Baron of Stratton ; Sir John Berkeley, now Baron of Stratton ;
Sir William Morton, Knt., and others, all that territory in America
bounded by the rivers Tappahannacke or Rappahannacke and Qui-
riough or Patowomecke and Thasopayocke Bay, together with the
rivers themselves and all the islands within them, which by reason
of the late unhappy times they could not enjoy. And whereas the
said Earl of St. Albans, Lord Berkeley, Sir William Morton, and
John Trethewy, assignee of said Lord Hopton and the surviving
patentees, have lately granted to Sir Humphrey Hooke, Kut., John
Fitzherbert, Esq., and Robert Vicaredge, merchant, said territory for
a certain number of years. His Majesty's pleasure is, without any
intention of withdrawing the said Plantation from under the care of
the Governor and Council of Virginia, that they aid and assist such
person as shall be employed by the parties interested for settling the
Plantation and receiving the rents and profits thereof, said patentees
having merited much by their great services and sufferings, as well
for his Majesty as for his late Royal father. 2 pp. [Dom. Entry Bk.,
Chas. II., No. 10, pp. 19-21.]
Dec. 18. 392. Minutes of the Council and Assembly of Barbadoes. List
of the burgesses returned to the Assembly, vizt., Major Rich. Buck-
worth, vice Capt. Christopher Carew, for Christchurch Parish ; Capt.
Thos. Merrick and Lieut. Thos. Lake for St. Andrew's ; Capt. Jas.
White, vice Thos. Wardall, for St. Joseph's ; Robert Breviter, vice
Capt. Win. Sandiford, for St. Peter's ; John Jennings, vice Capt.
Ed. Thornburgh, for St. Michael's ; the remaining burgesses were
re-elected, and Col. Thos. Modyford, Speaker. Heads of addresses to
be presented to the King. That a declaration be made by Act of
Parliament, touching the assurance of their titles to their lands ;
tenure in soccage to be held of the King; their children to be
declared free born of all his Majesty dominions ; no tax laid without
the consent of the freeholders ; no custom to be paid on exports
AMERICA AND WEST INDIES.
Dec. 18.
Dec. 19.
Whitehall.
1662.
from England, but to be as Virginia, New England, &c. ; free trade
also with Africa, or else to be furnished with negroes by the Royal
Company, at the same rate as by the merchants. Lord Willoughby,
if in England, to be desired to present these and any further ad-
dresses. 2 pp. [Col. Entry Bk., Vol. XL, pp. 76, 77.]
393. Order of the President and Council of Barbadoes. That
Capt. Povey bring in his account of all fees received during his
exercise of the Provost-Marshal's office since 4th Jan. 1661, with
order to the serjeant-at-arms and marshals of the courts of common
pleas in Barbadoes to yield obedience to Francis Cradock as Provost-
Marshal. 1 p. [Col. Papers, Vol. XVI., No. 114.]
394. Licence to Sir Thomas Bludworth and Sir William Turner,
sheriffs of London. Whereas divers prisoners condemned for crimes
within clergy usually obtain pardon under limitation of being trans-
ported into Foreign Plantations, but in the meantime remain at the
charge of the sheriffs without any allowance. Said sheriffs are
hereby licensed to transport 20 prisoners under their custody, on
giving security that none of them shall return within 12 years of
their landing in said Plantations. Names of the prisoners : Rich.
Ridewood, John Poole, Steph. Hobson, John Johnson, Rich. Trellis,
Geo. Langford, Wm. Starkey, Abraham Drew, Hen. Howard, Wm.
Stoakes, Thos. Smith alias Suringfield, Nathaniel Harris, Thos.
Langthall, Morris Jones, John Harvey alias Harris, Hen. Bailey,
Rob. Chapman, Sam. Eles, John Smith, Margaret Parry. 2 pp.
[Dom. Entry Bk., Chas. II., Vol. XIV., pp. 1, la.]
Dec. 29. 395. Captains Rich. Gouldesburgh and Rich. Hodges to the
James Kiver, Navy Commissioners. Have been forced to draw three bills of
exchange on the Commissioners, having left Jamaica with only
three months provisions, and having met with violent storms in the
Gulf of Alurada. Richard Ditty has accepted the bills, and has
been very ready to serve his Majesty. [Dom., Chas. II., Vol.LXV.,
Nos. 69, 70, Gal, p. 605.]
Dec. ?
396. Robert Johnston to Sec. Bennet. Particulars of several
suspicious persons. It is against reason to think that Baker should
be able to discover any plots without doing wrong to persons ; he
was a member of Cotton's Church in New England, but lost his
credit and was banished thence for blasphemy and atheism ; he has
since discovered himself more fully to be a blasphemer, atheist, liar,
and profane person. [Dom., Chas. II., Vol. LXV., No. 10, Cat.
p. 594.]
Jamaica.
An account of the officers and soldiers of the militia of this
island, raised by order of his Excellency Thomas Lord Windsor,
Governor. Divided into five regiments ; the first consisting of 15
officers and 327 men, Col. Lord Windsor, Major Povey, Captains
Man, Fuller, and Burroughs ; the second, of 12 officers and 256 men,
Col. Lyttelton, Captains Lyttelton, Walrond, and Ashton ; the third,
of 24 officers and 452 men, Col. Mitchell, Major Cope, Captains Clee,
Freeman, Guy, Collier, Evans, and Morgan ; the fourth, of 24 officers
and 540 men, Col. Barry, Lt.-Col. Archbold, Major Hope, Captains
118 COLONIAL PAPERS.
1662.
Massie, Valett, Rivers, Cooper, and Thorne ; also Captain Johnson's
company of 53 ; and the fifth, of 24 officers and 356 men, Lt.-Col.
Lynch, Major Sanderson, Captains Groves, Lloyd, Freeman, Atkins,
Englesfield, and Browne. In all 53 officers and 2,030 men. In
WUliamson's hand. \\ pp. [Col. Papers, Vol. XVI., No. 115.]
Jamaica. 393. Copy of preceding. [Col. Papers, Vol. XVI., No. 116.]
[1662 ?] 399. Bermudas. " A collection of laws and orders since those
printed anno 1622 ; together with a rental of the public land as
made and returned anno 1627 and 1657. Also an account of the
glebes, how disposed ; of the time of the ministers' entertainment ;
and of their respective settlements this present year 1662." Also
laws and orders made in 1662, 1663, 1669, 1675, and 1676. Certified
copy by Rich. Banner. 27 pp. [Col. Papers, Vol. XVI., No. 117.]
1662. 400. Acts passed in Barbadoes during the year 1662, in con-
tinuation of those of 1661, entered ante, No. 203. No. 32. An Act
for the better amending, repairing, and keeping clean the common
highways and known broad paths within this island, leading to
church and market, and for laying out new ways, and turning old
ways where it shall be needful. 9 January 1661-2. No. 33. An Act
for the encouragement of such as plant or raise provisions to sell.
13 March 1661-2. No. 34. An Act concerning ships. No. 35.
An additional Act to the Act of Highways. 12 June 1662. [Col.
Entry Bh, No. 15, pp. 45-55.]
1662 ? 401. Warrant to prepare a bill for his Majesty's signature autho-
rising the Treasurer of the Exchequer to pay the sum of 5001. -yearly
to Thomas Povey, to be by him transmitted and equally distributed
to five ministers serving in Jamaica, or to four ministers and a school-
master, as shall seem fit to the Governor, said sum to be paid half-
yearly, commencing from the Feast of the Annunciation of the
blessed Virgin, 1662, 250Z. already paid by virtue of Privy Seal
dated the 15th May last, to be defalked therefrom; and other
letters of Privy Seal dated the 21st March last authorising said
payment, having been mislaid, are hereby vacated and annulled.
Draft with corrections. 2 pp. The Warrant is dated 23 February
1663, see Dom. Entry Bk. Chas. II., No. IX., pp. 281-283. [Col.
Papers, Vol. XVI., No. 118.]
402. Relation of the imprisonment of about 200 Quakers in
Dorsetshire. Many Quakers are imprisoned in Virginia under the
government of Sir William Bartlett [Berkeley], and their goods
taken from them, and some banished, because they cannot swear,
and because they cannot promise to abstain from meeting together
to worship God, and abjure the same, and help to maintain their
church and worship. [Dom., Chas. II., Vol. LVI., No. 134, Gal.,
p. 426.]
403. Petition of Ann, widow of Nicholas Downe, chief clerk of
the kitchen, to the King. Petitioner's husband served his Majesty
from his infancy till his going over to France, and lost all his pro-
perty in the wars ; after which he was forced to go to Virginia
AMERICA AND WEST INDIES. 119
1662?
under the protection of Governor Sir Wm. Berkeley ; dying there
shortly after, he left petitioner without support. Prays for a pen-
sion. [Dom., Chas. II., Vol. LXVI., No. 107, Gal, p. 621.]
404. A closely-written paper of 12 pages addressed to the Lord
Mayor, aldermen, citizens, and merchants in London, entitled, Com-
plaint from heaven with a hue and cry and a petition out of Virginia
and Maryland to the King and his Parliament against the Barklian
and Baltimore parties. The platform is Pope Jesuit determined
to overthrow England with fire, sword, and distractions, and the
Maryland Papists to drive us Protestants to purgatory. 12 pp. [Col.
Papers, Vol. XVI., No. 119.]
1663. 405. Information of Anthony Langston, formerly ensign in Prince
Jan. 7. Maurice's regiment, and afterwards 14 years in Virginia, taken by
Secretary Bennet. Was drinking last night at the Dog Tavern,
when a person came who invited him to engage in some design.
[Dom., Chas. II., Vol. LXVII., No. 14, Gal, p. 5.]
Jan. 8. 406. Petition of merchants, traders, planters, owners, and masters
of ships, and others trading to Virginia and Maryland, to the King.
Setting forth their reasons for praying that his Majesty will for the
future command that no ships be suffered to depart from Virginia or
Maryland with any tobacco except in the months of May, June,
July, and August yearly. Signed by John Jeffreys, Wm. Allen, and
39 others. Indorsed, "Kec d Jan? 8*." I p. [Col. Papers, Vol. XVII.,
No. 1.]
Jan. ? 407. Proposals for re-settlement of the Royal [African] Company.
Present stock, 122,000?., to be valued at 10 per cent., and so reduced
to 12,200?. Creditors to receive two-thirds of their debts in old stock
and the remainder in ready money ; 84,000?. new stock to be raised,
in subscribing which present adventurers and creditors who shall
subscribe two-thirds of their debts into the old stock shall have the
preference ; every 100?. adventurer to have a vote in the manage-
ment. Government in England to be by committee of five, or at
most seven persons, to be chosen by plurality of votes in general
court ; two of the five, or three of the seven, to retire annually, and
others substituted ; the committee to meet three days a week and
stay three hours at each meeting, and to receive 20s. apiece for each
meeting ; no member to be absent except he have first petitioned
the general court to lay down his place ; the committee to have
power to suspend any of the Company's officers hereafter mentioned,
unless upon their appeal the general court restore them ; the said
officers to give security for faithful discharge of duties, viz., a
treasurer and chief accountant at 150?. each per ann. salary, second
accountant at 100?., warehousekeeper at 60?., surveyor of ships at
30?., and messenger at 20?. Resolutions of the committee to be by
majority of votes, and binding on the Company unless contradictory
to some order of the general court. Any member of committee
defrauding the Company or receiving any gift or bribe to forfeit his
whole stock, and any officer so guilty to be forthwith discharged
and made incapable of being ever restored. Posts in Africa to be
120 COLONIAL PAPERS.
1663.
Cape Corso, Anashan, Commenda, Aga, and Acra ; castle of Cape
Corso to be head factory and residence of the agent for the whole of
Africa ; also of two merchants, a gold-taker, a warehouse-keeper,
a chief accountant and second accountant, and three younger factors ;
garrison to be 50 English soldiers and 30 negro slaves, a captain, and
four sergeants or corporals. Anashan to have chief and second
factor, a sergeant, 10 English soldiers, and eight negroes. Commenda,
Aga, and Acra to have each a house, two factors, two soldiers, and
two negroes. For the Caribbee islands the Company to allow the
factors 2 per cent, for sales and returns in goods, and 1 per cent, for
returns in bills of exchange ; the factors to make good to the Com-
pany all their debts, and the Company to be at no further charge.
For the supply of the plantations with negro servants ; the Company
to grant license to all his Majesty's subjects to fetch negroes on
payment of 3. per ton on the tonnage of their ships, but binding
them not to touch at certain points ; also to make offer to governors
to furnish them annually with as many negroes as they will contract
for at 171. per head at Barbadoes, 181. at Antigua, and 191. in
Jamaica, with a reduction of 11. per head at each place to any one
contracting for a whole ship-load and paying one-fourth of the price
in advance with security for the remainder ; the Company not to be
bound to supply negroes to any planter indebted to them for a former
supply. If the Company's creditors will not accept of one-third in
money and two-thirds in old stock, the whole effects to be made
over to them and a new patent taken out. Endeavours to be used
to obtain an Act of Parliament for confirmation of the Company's
charter. [Dow., Chas. II., Vol. LXVIL, No. 162, Col., p. 36.]
[Jan. 10.] 408. Warrant to prepare a bill for the King's signature, contain-
ing a grant to the Royal African Company. Whereas all the regions
know by the names of Guinny, Binny, Angola, and South Barbary,
and all the parts of Africa to them belonging, and the sole trade thereof,
are the undoubted right of us. our heirs and successors ; and whereas
his Majesty has by Letters Patent, bearing date 18th December 1660,
granted all said regions, that is to say, from Cape Blanco to Cape de
Bona Esperanza, to James Duke of York and Albany and others
for the term of (1,000) years, for the sole use of the Company of Royal
Adventurers in Africa, by said Letters Patent incorporated ; his
Majesty, in consideration of the surrender of said Letters Patent, and
tendering the advancement of said Royal Company, by these presents
grants to (our Royal Consort Queen Katherine, Mary the Queen our
mother, our dearest brother James Duke of York, our dearest sister
Henrietta Maria, Duchess of Orleans, Prince Rupert, George Duke of
Buckingham, Mary Duchess of Richmond, Edward Earl of Manchester,
Phillip Earl of Pembroke, Henry Earl of St. Albans, John Earl of
Bath, Edward Earl of Sandwich, Charles Earl of Carlisle, Earl of
Lauderdale, George Lord Berkley, William Lord Craven, Lord
Lucas, Charles Lord Gerrard, William Lord Croft, John Lord
Berkeley, Thomas Grey, Esq., Sir George Carteret, Kt., Sir Charles
Sidley, Kt., Sir Ellis Leighton, Kt, Edward Gregory, Gent., Sir
Edward Turner, Kt., Sir Anthony de Merces, William Legg, Esq.,
AMERICA AND WEST INDIES. 121
1663.
Richard Nicholl, Esq., Sir William Davison, Kt., William Cutler,
Sir James Modyford, Kt., Thomas Cullen, Gent., George Cock, Gent.,
Charles Porter, Gent., Sir John Colleton, Kt., John Duckworth,
Gent., Sir John Robinson, Kt., Sir Nicholas Crispe, Kt., Sir Richard
Ford, Kt., Sir William Ryder, Kt., John Bence, Sir George Smith, Kt.,
Sir John Shaw, Kt., Sir Martin Noell, Kt., Abraham Bigg, Gent.,
Thomas Povey, Esq., Edward Backwell, Esq., Matthew Wren, Gent.,
Tobias Ruscat, Gent., Martin Noell, Jun., Gent., Henry Johnson,
Gent., James Congett, Gent., John Ashburnham, Gent., Edward
Noell, Esq., James Noell Gent., Francis Meynell, Gent, John Cooper,
Gent., Sir Andrew Riccard, William Herbert, Esq., Sir John Jacob,
Sir John Harrison, Sir John Wolstenholme, Sir William Wake, Silas,
Titus, and Peter Proby) (these names, as well as the date and term
of years are omitted in this draft, but are in the Patent}, and their
successors, all the regions and dominions, extending from the Port
of Sallee in South Barbary, and extending to Cape de Bona Esperanza,
during the term of (1,000) years ; rendering to his Majesty and his
successors two elephants, whensoever he or any of them shall land
in said regions. Nevertheless this grant is for the sole benefit of
the Company of Royal Adventurers into Africa by these presents
incorporated. For the furtherance of the trade, and encouragement
in the discovery of the golden mines, and settling of plantations,
the society shall be one body corporate, and use a common seal,
engraven with, on the one side an elephant supported by two
blackamores, and on the other the image of our Royal person. With
power to the Company to meet on or before 25th March next, and to
choose a governor, sujb-governor, deputy governor, and 24 or 36
assistants, who shall have the management of all the affairs of said
Company, and continue in office for the space of one year, but shall
be removable for any misdemeanor by the major part of the
generality. Every governor, sub-governor, deputy governor, and
assistant to take his oath for the faithful discharge of his trust,
unless the governor be of the Royal family. With power to hold
courts, make laws not repugnant to the laws of this realm, and intiict
punishment by imprisonment or fine ; to set to sea ships with
ordnance and ammunition, and to have all mines of gold and silver,
and the sole privilege of trade into and from said parts of Africa,
on payment of customs and other duties on goods. All his Majesty's
subjects of what degree soever are hereby forbidden to visit or
traffic in the places aforesaid, or to import any red-wood, elephants'
teeth, negro slaves, hides, wax, gums, grains, or other commodities of
that country, unless with license of said Company, under pain of
imprisonment and loss of ships and goods. Also, all factors, masters,
and mariners of the Company are forbidden to trade, and power is
given to the Company to seize ships, slaves, goods, and merchandize
so trading contrary to these presents ; the moiety to be to the use
of the Company, and the other moiety to the use of his Majesty, his
heirs and successors. With power to the Company to have the
government of all plantations by them settled in those parts of
Africa, and authority to appoint governors, raise forces, and execute
martial law ; the sovereign right to his Majesty and successors
122 COLONIAL PAPERS.
1663.
being always reserved. His Majesty, his heirs and successors to
have two-thirds of all gold mines found in places aforesaid, paying
two-thirds of all charges incident to working and transportation of
same, the Company to have the other third and to pay the other
third of charges. Draft with corrections and omissions ivhich have
been supplied from the Patent Roll, 14 Chas. II., part 27, which
is dated 10 Jan. 1663. 16 pp. [Col Papers, Vol. XVII., No. 2.]
Jan. 10. 409. Extract from preceding Warrant to the Royal African
Company of England, concerning the appointment of a governor,
sub-governor, deputy governor, and 24 assistants of the Company ;
any seven or the major part of whom, the governor, sub-governor, or
deputy governor to be one, shall be called the Court of Assistants of
the Royal African Company of England, who are hereby empowered,
according to the rules and directions given them by the general
court, to have the management of all the affairs of the Company.
1 p. [Col. Papers, Vol. XVIL, No. 3.]
Jan. 20. 410. Warrant to the Commissioners of the Navy to pay William
Whitehall. Overton, surgeon, the sum of 350Z. for his services in the cure of
several wounded and diseased soldiers in -Jamaica. 1 p. [Dora.
Entry Bk., Chas. II., Vol. IX., p. 241.]
Jan. 23. 411. Minutes of the Council of Jamaica. Heads of the declara-
St. Jago de-la- tion for the liberty of the negroes, to be drawn into a form to serve
as a charter to them and their heirs for ever. For carrying on the
work at Fort Charles, ordered that Sec. Rich. Povey abate one-third
of all debts due to the King for goods sold, provided remainder is
paid in ready money. [Col. Entry Bk., No. 37, p. 21.]
Feb. 1. 412. Proclamation of Sir Chas. Lyttelton, Deputy Governor, in
St. Jago de-la- accordance with the preceding Minutes of Council of Jan. 23
concerning the free negroes'. That Juan Luyola and the rest
of the negroes of his Palenque, on account of their submission
and services to the English, shall have grants of land and enjoy all
the liberties and privileges of Englishmen, but must bring up their
children to the English tongue. That other negroes in the moun-
tains shall enjoy the same benefits, provided they submit within 14
days after receiving this notice. That Luyola be colonel of the black
regiment of militia, and he and others appointed magistrates over
the negroes to decide all cases except those of life and death. Copies
in English and Spanish. [Col. Entry Bks., No. 34, pp. 75-79, and
No. 37, pp. 27,28.]
Feb. 11. 413. Minutes of the Council and Assembly of Barbadoes. Or-
dered that Major William Bate, the Treasurer, pay as formerly
150,000 Ibs. of sugar for the support of the Government, for the
year ensuing the 18th Dec. last. % p. [Col. Entry Bk., Vol. XL,
p. 78.]
1663 ? 414. Desires of the Royal Adventurers to Africa. That if the
Spanish subjects of the West Indies be licensed to trade in his
Majesty's dominions of America, the whole trade and commerce may
AMERICA AND WEST INDIES.
123
1663.
Feb.?
Whitehall.
Feb.?
Feb. 26.
Whitehall.
be appropriated to said Company for the considerations herein
named, among which it is urged that the granting such a license is a
prerogative of the Crown ; that English subjects have been freely
invited to join the Company on equal terms without any fine, and
therefore have no reason to complain of being excluded ; and that
the Company will give the like invitation to English subjects in the
Plantations, so they can have no reasonable pretence of clamour.
Also reasons against making this licensed trade universal, and
reply to the objection that if this trade should be established in
Jamaica in the Company's hands only, it may hinder the growth of
that infant plantation. 2 pp. [Col. Papers, Vol. XVII., No. 4.]
415. The King to [the Governor of Barbadoes]. His Majesty
being certainly informed that the Spanish planters of the West
Indies lately attempted to trade with Barbadoes for a supply of
negro slaves, but were given to understand that they could not
lawfully do so, hereby grants license to Spanish subjects in America
to purchase from the Caribbee Islands and Jamaica supplies of negro
slaves, and such other European commodities as their own Planta-
tions may want, on payment of customs for the same, for every
negro five pieces of eight, at the rate of four shillings sterling for
every piece of eight. Draft with corrections, and with mem. added,
" If this be intended only for the Governor of Jamaica and the
Governor of Barbadoes, some expressions must be amended for it
now the Governors of Virginia, and all the American Planta-
tions." 2 pp. [Col. Papers, Vol. XVII., No. 5.]
416. Another draft of the preceding. The duty for every negro
person or slave is set down at ten pieces of eight, and two clauses have
been added prohibiting Spanish subjects to trade with English Planta-
tions in any goods whatever of the growth of Europe, Asia, or Africa.
2 T PP- [Col Papers, Vol. XVII., No. 6.]
417. Another draft of the above, with alterations and the date
filled in, by Sec. Nicholas, who has also written " To Francis Lord
Willoughby of Parham, Governor of Barbadoes and other the Caribbee
Islands." Annexed,
Extracts of letters from Thomas Modyford ? of Barbadoes to
his brother. Concerning trade for negroes in Barbadoes with
the Spaniards. Overtures made by Spaniards from Martinique
to the President of Barbadoes, in which the Governor of Carta-
gena had a share ; that the negroes now bought were to be
transported to Peru where their market price was 1,000 pieces
of eight per head ; that if assured of free trade in Barbadoes
the Spaniards would undertake to bring commodities to the
value of five million pieces of eight yearly ; and that for the
King of England's encouragement to grant a license they would
pay ten per cent, customs for all commodities or slaves they
should carry off. His Majesty is recommended to grant license
for said trade for several reasons, the first being that it will be
worth 100,000?. per annum to him. Barbadoes, 1662, March 30.
Since his last a Spanish ship has arrived and filled our island
with money; 125 to 140 pieces of eight per head given for
negroes, the trade opposed by the Council, but the President
124 COLONIAL PAPERS.
1663.
" hath done all on his own head." The Spaniards have bought
400 blacks and intend to make them 800. Will himself go to
Cartagena if his negro ship carne not in before the Spaniards
go hence. Barbadoes, 1662, April 30.
At the Assembly on 7th May the 1 1 pieces of eight tax (on
negroes) was voted illegal and arbitrary, and the writer carried
the resolution to the President and Council. Col. Birch said it
was no less than high treason to assume a power which none
but King, Lords, and Commons durst or could lawfully execute.
Scene with the President ; the Council assented to and recorded
the vote. 100 negroes from the Peregrine bought by the
Spaniards at 220 pieces of eight per head embarked for
Cartagena. A ship belonging to the Royal African Company
sold negroes to the Spaniards, and although Jas. Beake told the
President they were the Duke of York's, he insolently enforced
the payment of 11 pieces of eight. 1662, May 26. Another
Spanish ship arrived with plate, jewels, indigo, &c., but was
denied trade ; it would be of great advantage if the license were
here now, but when it comes doubt not to make it highly bene-
ficial to the Royal [African] Company, and consequently to the
whole nation. Barbadoes, 1662, Sept. 3.
His ship has safely arrived at Boston from Cartagena with
the price in pieces of eight agreed for [the negroes], so the
Spaniards have performed honourably. A ship of theirs allowed
to trade with their bullion and jewels only. Hopes something
has been done towards the intended trade. Barbadoes, 1662,
Sept. 13. The last two letters are signed T. M. Indorsed by
Nicholas, " Barbadoes, Ch. Porter." 6 pp. [Col. Papers, Vol.
XVII., Nos. 7, 8, 9.]
Feb. ? 418. Copies of the preceding extracts of letters from Barbadoes.
Indorsed by Nicholas, " Trade of negroes." 6 pp. [Col. Papers,
Vol. XVII., No. 10.]
Feb. 27. 419. Minutes of the Council of Jamaica. Ordered that the
Point Cagua. Act concerning runaway servants be amended as to penalties, which
shall be recovered by action. That Nicholas Keine, fire-master, have
the use of the timber house called Stephen's building, one mile from
the town. That fairs and market days be holden on Lady-day, St.
John Baptist's, Michaelmas, and New Year's days. That a place
be fixed for the sale of flesh and fish on Point Cagua. That
M astro de Campa be forthwith despatched with 12 men, to deliver
the declaration to the runaway negroes, and " endeavour their re-
sponse." [Col. Entry Bk., No. 37, p. 21.]
Feb. ? 420. Petition of David Dacosta and Moses Hamesgago to the
King. Born in Spain, but now living in Barbadoes. and great
traders, pray for letters of denization for the better security of their
persons and estates. 1 p. [Col. Papers, Vol. XVII., No. 11.]
Feb. 421. Grant of denization to Hamesgago and Jeronimo Rod-
rigues Resio, aliens born, living in Barbadoes, provided they take
the oath of allegiance before the Governor or chief magistrate there.
[Dom., Chas II., Vol. LXVIII., No. 138, Gal p. 61.]
AMERICA AND WEST INDIES.
125
1663.
March 2. 422. [Mr. Hooke ? minister], to [Davenport, at Boston, New
England]. Detailed account of the sufferings of God's people
through the Act of Uniformity both in England and Scotland.
Richard Saltonstall, some time of New England, is lately come out
of the common gaol at Shrewsbury, to which he was sent by Lord
Newport for refusing to take the oath of allegiance till he was in-
formed about it, touching something at which he scrupled. John
Baker, some time a planter in New England, had his part in tre-
panning men into treason and then informing against them ; he
lieth now in Newgate. Spent part of this forenoon in debating
with Winthrop, Thomson, Scott of Long Island, and Whitfield, in
debating the business of the colony of New England ; hopes it may
still enjoy its former liberties in church and commonwealth, which
are now in danger to be utterly lost. Winthrop says it Was not his
intention New England should have been thus dealt with by her
neighbours at Connecticut, nor that her liberties should be infringed,
but he desires they may remain as before ; desired him to write to
Connecticut and make known as much, he being entrusted to act as
agent for them : he says Leete came to him before he left Connec-
ticut, desiring him to take in New England with Connecticut ;
hopes Winthrop will do his best to set the New Englanders by them-
selves and procure their settlement upon their first foundation. See
Nos. 430, 440. [Dora., Ckas. //., Vol. LXIX., No. 5, Cal. pp. 63-65.]
March 4. 423. Minutes of the Council for Foreign Plantations. Mr. Froude
to procure warrant from the Lord Treasurer for payment of 150?.
towards their charges of half a year ended 1st Dec. last. p. [Col.
Papers, Vol. XIV., No. 59, p. 49.]
424. Order of the President and Council of Barbadoes, on peti-
tions of the inhabitants of St. Andrew's, St. Peter's, and St. Lucy.
That in consideration of the common calamity of the island the
judges in the several precincts adjourn their courts and stay all
proceedings of their inferior officers until said petitions and the
necessities of the island can be represented and considered by them-
selves with the concurrence of the Assembly at their next meeting.
Copy of this order to be presented to the several judges. 1 p. [Col.
Papers, Vol. XVII., No. 12.]
425. The King to [the Governor of Jamaica], commanding him
to give free license and warrant to the Spanish planters in America
to have free trade with any of the Caribbee Islands or Jamaica in
goods and negroes upon payment of certain duties therein named.
Not signed. 3 pp. [Col. Papers, Vol. XVII., No. 13.]
426. The King to [the Governor of Barbadoes]. Entry of docu-
ment calendared under date of Feb. 1663, see ante, No. 415, with
the marginal note, " intercourse with the Spaniards of America regu-
lated, &c." Also mem., A like (mutatis mutandis) to Jamaica dated
13th March 1663. 6 pp. [Col. Entry Bk., No. 93, pp. 5-11.]
427. The first charter granted by King Chas. II. to the Lords
Proprietors of Carolina. Edward Earl of Clarendon, George Duke of
Albemarle, Wm. Lord Craven, John Lord Berkeley, Anthony Lord
March 10.
March 13.
March 13.
March 24.
Westminster.
126
COLONIAL PAPERS.
1663.
Ashley, Sir Geo. Carteret, Sir Win. Berkeley, and Sir John Colleton,
having besought the King for leave to make a colony in America,
not yet cultivated or planted, the King grants and confirms to them
all that territory in America extending from the north-east of Lucke
Island which lieth in the Southern Virginia Seas, and within six
and thirty degrees of northern latitude, and to the west as far as the
South Seas, and so southerly as far as the river St. Matthias, which
bordereth upon the coast of Florida, and within one and thirty
degrees of northern latitude, and so west in a direct line as far as
the South Seas aforesaid, with the patronage and advowson of
churches and other jurisdictions and privileges, creating them the
true and absolute Lords and Proprietors of the said Province. With
power to enact laws, appoint judges, justices, magistrates, and other
officers, and to make orders and ordinances, until an assembly of
freeholders can be called. License is given to the King's liege people
to transport themselves to said Province, to freight in every port,
and to transport goods, wares, and merchandises, saving to the King
the customs and duties, silks, wines, currants, raisins, capers, wax,
almonds, oils, and olives to be exempt from duty for seven years.
Power to erect and constitute ports, harbours, &c., the subsidies to
belong to the Lords Proprietors, who may assign and grant the pre-
mises or any part thereof to whoever will purchase the same. Also
with power to confer titles of honour, so as they be not the same as
are enjoyed by or conferred upon any of his Majesty's subjects in
England ; and to erect forts, castles, cities, towns, and other fortifi-
cations. To levy, muster, and train men, and make war, and to
exercise martial law. The Province and the inhabitants to be subject
immediately to the Crown of England, but the Lords Proprietors are
empowered to grant liberty of conscience. In case of doubts or
question the interpretation to be made most advantageous and
favourable to the Lords Proprietors. This charter is printed in full
in Trott's Laws of South Carolina, pp. xxi-xxxii, see Col. Entry
Bh, No. 24. [Patent Roll, 15 Chas II., Part 2, No. 27.]
March 26. 428. License signed, by Gov. Sir Wm. Berkeley for Col. Francis
Moryson to depart the colony, his private occasions as well as the
public affairs requiring his going for England, there to remain three
years. 1 p. [Col Papers, Vol. XVII., No. 14.]
March 30. 429. Gov. Sir Wm. Berkeley to Secretary Sir Henry Bennet.
Virginia. Congratulations on his advancement. Recommends Col. Moryson
to his favour in business that concerns his Majesty in these parts,
and believes his Majesty with little charge may find as great accesses
to his revenue from this place as from any of his Plantations what-
ever. With seal mutilated. 1 p. [Col. Papers, Vol. XVII., No. 15.]
April 3. 430. Examination of Samuel Wilson, tailor. Had some hundreds
of letters to carry into New England, amongst others one bundle of
news- books and the letter taken upon him, which were given him
by one^Hooke [see ante, No. 422] ; knows not where Hooke lives.
Major Thompson delivered him several letters to carry to New Eng-
land, and two days after came and asked him where he had put
AMERICA AND WEST INDIES. 127
1663.
them, because he heard there would be a search for letters ; knows
not where Thompson lives, but met him and received the letters on
the Exchange. [Dow., Chas. II., Vol. LXXL, No. 12, Gal, p. 98.]
April 5. 431. Petition of Henry Janson, Doctor of Laws, to the King. That
his Majesty about a year since granted petitioner all the wastes and
illegal encroachments in Barbadoes [see ante, No. 276]. Mr. Kendal
and some other planters there have obstructed this grant, and though
ordered to give in their exceptions speedily in writing to the Privy
Council, have all this while refused to do so. Prays they may be
ordered to appear before the Privy Council and show reason, if they
can, for their past contempt and continued opposition to his Majesty's
grant. Indorsed, Rec. April 5, read 15, and to be heard 24. To be
heard the 29th, 1663. 1 p. [Col. Papers, Vol. XVII., No. 16.]
April 7. 432. Edward Godfrey to Thos. Povey. Has formerly written how
the Province of Maine standeth at present. Know as Columbus offered
the discovery of the West India to Henry VII. you are at present
offered a tract of land already discovered and in part populated with
English, which for future and discovery is of more concernment than
any part of America as yet settled on by the English. Send for Gorges
at Francis Lutterell's, at Gray's Inn, and talk with him ; you will
find him a man not capable of such a great business, to be the un-
doing of so many loyal subjects, and suffer those parts of the which,
till 1652, had ever lived according to his Majesty's laws, but now is
made a receptacle of those of Hugh Peters, Vane, Vener, Baker, Potter,
who to avoid their principles fly thither for shelter, and keep us
loyal subjects out of our inheritance after 30 years' possession so
dearly bought. Desires he will talk with Lord Robartes' son, Mr.
Hender (?) that Godfrey may know Povey's resolution. Though
Gorges' grandees have plundered Godfrey's house in New England,
and possessed themselves of most of his records, precedents, and
papers of 55 years' travail, he has sufficient here in England to
guard a right course and settle those parts as formerly to any rea-
sonable man. Is informed that one Mr. Nicolls, belonging to the
Duke of York, is to go for New England. Has all passages of 40
years in that country, which will show him and Povey what is
needful. 1 p. [Col. Papers, Vol. XVII., No. 17.]
April 7. 433. Agreement between the agents of Connecticut and Rhode
Island, touching the Narragansett country. Differences having
arisen between Jno. Winthrop and Jno. Clarke, agents for taking out
Patents for the colonies of Connecticut and Rhode Island respectively,
as to the meaning of certain bounds in a Patent lately granted to
Connecticut, said agents have jointly appointed Wm. Brereton,
Major Robert Thomson, Capts. Richard Deane and John Brook-
haven, and Dr. Benjamin Worsley to consider what might be most
commodious for settling said bounds : the undersigned have unani-
mously agreed to advise, that a river called Pawcatuck shall be the
bounds, and shall in future be called alias" Narragansett River ; "
2ndly, " if any parts of that purchase at Quimbage doth lie along
upon the east side of that river that goeth down by New London
within six miles of the said river, that then it shall wholly belong
128 COLONIAL PAPERS.
1663.
to Connecticut colony, as well as the rest which lyeth on the western
side ; Srdly, that the proprietors and inhabitants of that land about
Mr. Smith's trading house claimed or purchased by Major Atherton,
Capt. Hutchinson, Lieut. Hudson, and others, or given unto them by
the Indians, shall have free liberty to choose to which of those colonies
they will belong; 4thly, propriety shall be carefully maintained through
said colonies. Signed, Wm. Brereton, Robert Thomson, B. Worsley,
Hi. Deane, Jno. Brookhaven. With mem. that to the four proposals
above mentioned said Jno. Winthrop and Jno. Clarke consent as
a final issue of all the controversies betwixt them. Signed, Jno.
Winthrop, in the presence of J. Beane, Wm. Potter, and Robert
Thomson. Copy by John Sanford, Recorder of Rhode Island and
Province. Indorsed, Rec d from the Govern r of Rhode Island, the
12th Nov. 1680. 2 pp. Two copies. [Col. Papers, Vol. XVII., Nos.
18, 19.]
April 8. 434. Minutes of the Council of Barbadoes. President Walrond
acknowledges the receipt of 1,000?. from the last Spanish ship
admitted to trade, and will present it to Lord Willoughby on his
arrival, according to a former agreement between the President
and Council. p. [Col. Entry Bk., Vol. XL, p. 78.]
April 9. 435. Patent of Receiver-General of the Revenues of Foreign
Westminster. Plantations. His Majesty judges it meet to erect an office in Eng-
land to be called the office of Receiver-General of the Revenues
payable from his foreign dominions, colonies, and plantations in
Africa and America, with the fee of 4:001. per annum, to be paid out
of said revenues, and to grant said office to Thomas Rosse and Thomas
Chiffinch, Esquires, for their natural lives and the life of the longer
liver, to exercise same by themselves, or sufficient deputies, observing
all orders from the High Treasurer and Chancellor of the Exchequer,
but not to be receivers or collectors of the customs or duties payable
on goods imported from said colonies and plantations. 1 memb.
[Pat. Roll, 15 Chas. IL, Part 11, No. 4.]
April 9. 436. Minutes of the Council of Jamaica. Upon a question
Point Cagway. whether it be requisite to take in more persons in the Council.
Resolved that Lt.-Coll. John Lynch, Mr. Pugh, and Capt. John Man
be sworn of the Council, and they were sworn accordingly. [Col.
Entry Bk., No. 37, p. 21.]
April 10. 437. Order of the King in Council. Letters and papers from New
Whitehall. England being read, the King declared that he intends to preserve the
charter of that plantation and speedily to send over Commissioners
to see how the charter is maintained on the part of the Province, and
to reconcile the differences at present amongst them, f p. [Col.
Entry Bk., Vol. LX.,pp. 10, 11.]
April ? 438. Petition of Jo. Collins to the King. For a grant of the
island of " Burbooda " [Barbuda] which lyes upon a rock in
17 latitude, uninhabited, and never brought any profit to the Crown
AMERICA AND WEST INDIES,
129
1663.
April 15.
Whitehall.
April 21.
April ?
April.
Whitehall.
April 28.
April 28.
and is not fit for any use but to graze some few cattle. [Cruttwell
gays this island was called Dulcena "from its beautiful appear-
ance."] Signed but mutilated, t p. [Col. Papers, Vol. XVIL,
No. 2.O.]
439. Minute of the preceding petition of John Collins, with
reference to the Council for Foreign Plantations, see Warrant, 8th
July, No. 514. p. [Dom. Entry Bk, Chas. II., Vol. XIIL, p. 266.]
440. Bond of Samuel Wilson, Martin Aglethorpe, Edward
Merryweather, Noah Floyd, and Randolph Ingram, in 1,000?., for
good conduct and presenting within a year to a Secretary of State
the person of Hooke, writer of a seditious letter to New England, see
ante, No. 422. [Dom., Chas. II., Vol. LXXIL, No. 17, Col., p. 117.]
441. The King to [the Deputy Governor of Jamaica]. His
Majesty has heard of the success of the undertaking upon Cuba, in
which he cannot choose but please himself in the vigour and reso-
lution wherein it was performed, although it does not appear to his
Majesty that any public benefit accrues to his service thereby. Has
likewise been informed of new undertakings of the like nature ; but
because his Majesty cannot foresee any utility likely to arise thereby,
but on the contrary concludes that whatever the success be, the
strength of the place will be much weakened and the minds of the
planters distracted from industry on the island, which alone can
make it considerable, his Majesty has thought fit hereby to com-
mand him to give no encouragement to such undertakings unless
they may be performed by the frigates or men-of-war attending
that place, without any addition from the soldiers or inhabitants.
Draft with corrections in the handwriting of Sec. Nicholas. 1 p.
[Col. Papers, Vol. XVIL, No. 21.]
442. Fair copy of the preceding letter " to the Deputy Governor
of Jamaica to regulate future attempts on the Spaniards, &c.," which
has been struck through, and Sec. Nicholas has written the draft of
another letter to be sent instead, which is calendared in the abstract
following. 2i pp. [Col. Papers, Vol. XVIL, No. 22.]
443. The King to the Deputy Governor of Jamaica. Under-
standing with what jealousy and offence the Spaniards look upon
our island of Jamaica, and how disposed they are to make some
attempt upon it, and knowing how disabled it will remain in its
own defence if encouragement be given to such undertakings as
have lately been set on foot, and are yet pursued, and which divert
the inhabitants from that industry which alone can render the
island considerable, the King signifies his dislike of all such under-
takings, and commands that no such be pursued for the future, but
that they unitedly apply themselves to the improvement of the
plantation and keeping the force in a proper condition. Counter-
signed by Sec. Bennet. [Col. Papers, Vol. XVIL Wo. 23.]
444. Two copies of the preceding letter, one bearing date
26th May 1663. [Col Entry Bk., Vol. XCIIL, pp. 13, 14, and
pp. 16, 17.]
M 605. I
130
COLONIAL PAPERS.
1663.
April.
April 28.
Point Cagua.
April.
April.
April 29.
Whitehall.
April ?
445. Another copy of preceding letter. [Dow. Entry Hk.,
Okas. II., Vol. XXI., pp. 152, 153.]
446. Minutes of the Council of Jamaica. Resolved that the
Cocoa walks distributed to the officers of the late army remain
their property, and be confirmed by the seal of the island. That
Mr. Pugh and Capt. Man bring in an abstract of the tenths and
fifteenths due to his Majesty and his Royal Highness from the
records of the Admiralty Court. That Lt.-Col. Thos. Lynch, Capts.
Fuller and Man, and Mr. Pugh, contract with a carpenter for
rebuilding the bridge at Passage Fort, and report on the best means
of levying the same on boatmen, alehouse keepers, and merchants.
That an Act be drawn empowering any two justices of the peace to
settle a maintenance for the ministers of their precincts. That the
Spanish prisoners be sent to England by the first King's ship. That
butchers shall not charge more than Qd. per Ib. for tame hogs, under
a penalty of 20s. for each offence. That a review of the accounts
between Capts. Morris, Williams, and Burroughs be made. That
the Spanish negroes be exercised in martial discipline, under the
command of Juan Luyola.
Proclamations of Dep. Governor Lyttelton in accordance with the
above resolutions of Council concerning the price of butchers' meat
and the accounts between Capts. Williams and Burroughs, both dated
April 9. 4 pp. [Col Entity Bks., No. 37, pp. 21, 22, and No. 34,
pp. 79-81.]
447. Warrant to Sir Heneage Finch, Solicitor-General. To
prepare a bill containing a grant to Lord Windsor, Governor of
Jamaica, of all that point of land called Point Cagway, next adjoin-
ing Charles Fort, containing about 400 acres, with all privileges,
mines, &c., and also the ferry over the harbour, and all its rights, to
be holden for ever in free soccage, as of the manor of East Green-
wich in Kent. 1 p. [Col. Papers, Vol. XVII., No. 24.]
448. Copy of the preceding, in the handwriting of Sec. Nicholas,
but with the clause about mines omitted. [Col. Papers, Vol. XVII.,
No. 25.]
449. Secretary Sir Henry Bennet to Sir Chas. Lyttelton Deputy
Governor of Jamaica. Sir Edward Nicholas has put into Sec.
Bennet's hands his letters of Dec. 15 and Jan. 13, relating the con-
dition of the island, in which his Majesty will take some speedy
resolutions for supplying all things requisite. For the present here
goes only an order forbidding him absolutely to encourage any more
such undertakings as have been from the island abroad into other
parts, the disability into which they will cast them, as to their .
own defence and improvement, making his Majesty dissatisfied with
the success of them, how good soever they be. Will solicit with all
efficacy the things desired, both for the good of the island, and his
particular satisfaction. 1 p. [Col. Papers, Vol. XVII., No. 26.]
450. Draft of preceding in Sec. Nicholas' hand. [Col. Papers,
Vol. XVII., No. 27.]
AMERICA AND WEST INDIES.
131
1663.
May 6.
451. King's Bill containing a grant to Francis Lord Willoughby
of Parham and Lawrence Hyde, of Surinam in Guiana, by the name
of Willoughby Land. Whereas Lord Willoughby in 1650 furnished
out a vessel, and by treaty with the natives of that part of Guiana
called Surinam, between the rivers Marawyn and Seramica, began
to settle an English colony upon the same, and at his own cost
equipped a ship of 20 guns and two smaller vessels with things
necessary for the support of said Plantation; and afterwards in
1652, for the better settling of said colony, went in person, and
fortified and furnished the same with things requisite for defence and
trade, and since his return to England has at his own cost supplied
and supported said colony from time to time ; his Majesty taking
into consideration the faithfull services of said Lord Willoughby,
and his desires that Lawrence Hyde, second son of Edward Earl of
Clarendon, may be joined with him, grants to said Francis Lord Wil-
loughby and Lawrence Hyde, their heirs and assigns, all that part
of the mainland of Guiana in America called Surinam, lying westerly
one mile beyond the river Copenam, and easterly one mile beyond
the river Marawyn, containing from east to west forty leagues or
thereabouts, and extending from the sea southwards to the heads
of said rivers and thence by direct lines to the South Sea, by the
name of Willoughby Land; with the said rivers Seramica, Suri-
nam, Copenam, and Marawyn, and all other rivers, islands, ports,
mines, privileges, profits, &c., &c., in as ample manner as has been
granted to any proprietor of any other colony ; except 30,000 acres
reserved to his Majesty for demesne, and one fifth of all ore of gold
and silver, to be held in free and common soccage, yielding 2,000 Ibs.
of tobacco of the growth of said country, to be paid into the Custom
House at London every year at the feast of St. Michael, and also the
fifth part of all ore of gold and silver gotten there. With power
to transport persons, arms, ammunition, goods, and merchandise on
paying the usual customs ; such persons to have free trade and not
to be compelled to answer any suit out of said colony, and liberty
to such as inhabit said province and cannot conform to the Church
of England to grant such dispensations as they think fit, provided
said persons continue in loyalty and obedience to his Majesty ; also
power to plant settlements, erect cities, towns, manors, markets,
schools, convey lands and tenements, appoint governors and other
officers, frame a government, and establish laws with the consent
of the greater part of the freeholders, or their representatives, punish
delinquents extending to imprisonment or loss of life, if need be,
constitute courts of justice, and further to appoint a standing Council,
and with their consent make laws as near as may be agreeable to
the laws of the realm, so as the same do not extend to altering the
right of any person in his estate, goods, or chattels, also to build and
fortify citadels, harbours, &c., appoint a captain general, and in case
of invasion by the natives or any other enemies train and muster
the inhabitants and fight with any persons not in amity with his
Majesty, to proclaim martial law, and subdue all tumults, rebellions,
and mutinies. All the posterity of free denizens of England, born
within said province, to enjoy the privileges of free denizens of
i 2
132
COLONIAL PAPERS.
1663.
May 9.
Whitehall.
May 9.
May 12.
May 20.
Point Cagua.
May 21.
England. Forbidding the subjects of any foreign prince to traffic
unto or haunt said province without license of said grantees, on pain
of forfeiting ships and goods, said grantees to dispose of such forfeited
ships and goods without any account to his Majesty. In case either
of said grantees or their heirs or assigns shall be in said province^
or in any part of America, the party so present shall exercise and
enjoy all the grants, authorities, and privileges herein-before granted,
reserving the due share of profit to the party absent. Indorsed,
L d Willoughby. Charles R. Our pleasure is that this pass by
immediate warrant. Entred at the Signett, 2 do Junii 1663. John
Nicholas. Entred at the Privy Seal, 2 do Junii 1663. The Patent
isdatedZ June 1663, see Patent EoU, 15 Chas. IL, Part 10, No. 4.
[Privy Seals, 15 Chas. IL, No. 360.]
452. The King to all Captains and Commanders of ships, and all his
subjects in Newfoundland. Whereas by his Majesty's letters of 20th
March 1661, he commanded Sir Lewis Kirke, John Kirke, and the
heirs of Sir David Kirke forthwith to deliver any houses and lands
within the province of Avalon, belonging to Cecil Lord Baltimore,
to such as should be appointed by him, and whereas Lord Baltimore
has appointed Capt. Robert Swanley to be his lieutenant there. His
Majesty's officers and subjects are hereby required to be assisting to
Capt. Swanley or his deputy in the Government of said province.
Signed by the King, but not countersigned, a correction having
been made. 1 p. [Col. Papers, Vol. XVII., No. 28.]
453. Copy of the preceding. l$pp. [Col. Entry Bk., Vol. XCII1.,
pp. 14, 15.]
454. Articles of agreement at a conference held at Mr. Allerton's
in Winocomoco, in Virginia, by the Commissioners of Virginia and
Maryland, not to plant any tobacco in either Colony after 20th June
1664 for one year. Signed by Thos. Ludwell, Richard Lee, John
Carter, Robt. Smith, and Henry Corbin. And by Philip Calvert,
Henry Sewell, Edward Lloyd, and Henry Courcy. Certified copy by
Thos. Ludwell, Sec. Indorsed, " The first treaty about lessening the
quantities of tobacco." 1 p. [Col. Papers, Vol. XVII., No. 29.]
455. Order of the Dep. Govr. and Council of Jamaica to the
Provost-Marshall. That Francis Willson, for his mutinous and
seditious speeches at Point Cagua, stand near the gallows at St.
Jago de la Vega for two hours on 21st inst. having a gag in his
mouth for half an hour, and a drum beating for the remaining time,
with his transgressions written on paper and pinned to his back,
that he receive the same punishment the following day at Point
Cagua, and be afterwards imprisoned, until he be banished for seven
years. 1 p. [Col. Entry BL, No. 34, pp. 81, 82.]
456. Earl of Berkshire and two other Commissioners of the
Savoy to Williamson. There is a serious charge against Francis
Hodges for unjustly detaining several sums of money due to his
Majesty : he was by the late pretended authorities and the then
Council of State appointed Treasurer and Paymaster of the forces in
Jamaica ; request that Richd. Pight may peruse the book of entries
AMERICA AND WEST INDIES.
133
May 27.
Inner Court of
Wards.
1663.
to find out what order was made for empowering Hodges to hold
that office and what security he gave for discharge of the trust.
[Dom. Chas. 1L, Vol. LXXIV., No. 15, Cal, p. 146.]
May 23. 457. Minutes of a meeting of the Lords Proprietor of Carolina *
Present, the Duke of Alberuarle, the Lords Craven, Berkeley, and
Ashley, Mr. Vice -Chamberlain, and Sir Jno. Colleton. Ordered,
1. That, Lepreyrie be Engineer and Surveyor for Carolina. 2.
That he be allowed 20s. weekly for the present. 3. That Sir Jno.
Colleton be paid by each Proprietor 2,51., to be disbursed according
to the orders of the major part of the Proprietors. 4. That 20,000
acres be first reserved in every settlement for the Proprietors.
5. That the court-houses and houses for public meetings be settled
upon such lands. 6. That maps be printed of the Province, and
some declaration drawn to invite planters, and that both be published.
| p. [Col Entry Bk., No. 20, p. 1.]
458. Minutes of the Council for Foreign Plantations. On con-
sideration of a complaint against the Deputy Governor of Bar-
badoes for having, as is alleged, on the petition of three parishes
only, and without the advice of Assembly, as is usual, made a
general order prohibiting all prosecution at law against planters
there, for any debts due by them for divers months, to the great
damage of merchants and traders [see ante, No. 424]. Committee
appointed to wait upon Lord Willoughby to know the grounds of
this complaint and inform the Council thereof. ^ p. [Col. Papers,
Vol. XIV., No. 59, p. 50.]
459. Minutes of the Council for Foreign Plantations. Report
of Lord Willoughby that he knew nothing of an order of the
Deputy Governor of Barbadoes obstructing all proceedings at law
against any planters there for their debts, but by report only, but he
was of opinion that the Deputy Governor and his Council would
endeavour to make that order justifiable by some Act of Assembly,
on hearing the great complaints of several merchants and traders
and their reasons for the evil consequences that cannot but attend
so bad a precedent. Committee appointed to draw up the whole
state of the matter and what they think fit to be done therein. 1 p.
[Col. Papers, Vol. XIV., No. 59, p. 50.]
[May 30.] 460. Petition of William Waddington to the King. That in the
town of St. Michael's in Barbadoes, being drawn to an excess and
over-measure of drinking in November 1662, petitioner by some
provocation of discourse did utter treasonable words, 'as it is attested
against him, viz., That the King is elective, and in case he did any-
thing amiss he was triable by his people ; words he can neither
remember nor is sensible of, and of so heinous concernment that
(compos mentis} petitioner doth hate and abominate. For these
words he was on 2nd December last arraigned, cast, and received
the sad sentence of condemnation. Prays for his Majesty's pardon,
and that his life may not be snatched from him for words either
not spoken, or extorted from him in a senseless condition. With
May 30.
134 COLONIAL PAPERS.
1603.
reference to Sec. Sir Henry Bennet to consider the' same, and move
his Majesty therein. Whitehall, 1663, May 30. Annexed,
460. I., n. Depositions of Jacob Lake, John Coachman, and
Nathaniel Biscoe, that William Waddington had declared at
the house of John Coder in the town of St. Michael's, that
the King was elective, and in case he did anything amiss he
was triable by the people or his Parliament. Barbadoes,
1662, November 13, 29. Certified by John Jennings,
Clerk of the Crown. 1663, February 28.
460. III. Certificate of 32 inhabitants of London, that William
Waddington, while resident in the parish of St. Mary Hill,
near Billingsgate, was ever of civil conversation, and did
not take up arms or act against his sovereign during the
late unhappy differences.
460. IV. Declaration of 12 inhabitants of Barbadoes, that they
had never observed in William Waddington any disaffec-
tion to his now Majesty, or to his Koyal father of blessed
memory, only in November last they were credibly
informed that he did, when overtaken with drink, unwit-
tingly utter certain treasonable words.
460. V. Deposition of Anne Waddington that William Waddington
was very much in drink when he spoke certain words
inserted in his petition deliverd by her to his Majesty on
24th May last. 1663, June 2. Together 6 papers. [Col.
Papers, Vol. XVII., No. 30, 30 I., n., IIL, iv., v.]
[May 30.] 461. Petition of Col. Guy Molesworth to the King. That the
ship Martin Van Rosen of Middleburgh, while trading at Jamaica
with negroes for provisions by leave of the Governor and Council,
was taken prize by Capt. Richard Whiting, commander of his
Majesty frigate the Diamond. That Col. D'Oyley, then Governor,
seized about 47 of said negroes and sold them, and is still account-
able to the King for the money. Prays in consideration of his
sufferings and his present great wants that the King will bestow
said money upon him, out of which he is willing to pay 100?. into
his Majesty's privy purse. With reference to the Commissioners
for Foreign Plantations to report whether the moneys are in his
Majesty's disposal. 1663, May 30. Memorandum that this petition
was redelivered to the petitioner by an order of 1 June ]663.
1 p. [Col. Papers, Vol. XV., No. 31, p. 15.]
June 1. 462. Minutes 'of the Council for Foreign Plantations. Report
Inner Court concerning an order lately made in Barbadoes obstructing the
s * proceedings at law there, drawn up by the Committee with some
amendments, ordered to be signed by this Council, presented to his
Majesty, and given to Lord Willoughby, who is suddenly going
thither, and may sign said report if he please. Petition of Col. Guy
Molesworth to be redelivered to him, the Council having no power
to take cognizance of such matters. The above report concerning
the delay of justice and legal proceedings in Barbadoes, and
particularly on the merchants' complaint against a late order of the
AMERICA AND WEST INDIES. 135
1003.
President and Council there, and advising the King to reverse said
order and forbid the like in time to come upon severe penalties.
2 pp. [Col. Papers, Vol. XIV., No. 59, pp. 51, 52.]
June 1. 463. The King to the Governor of Barbadoes. Complaints
having been made of daily inconveniences through the defect of a
sure way of intelligence, especially in Virginia, New England, Jamaica,
Barbadoes, the Caribbees, and other parts of America, the King
has thought fit to establish within Barbadoes and the Caribbee
Islands a public office or offices for receipt of all letters and postage
according to the establishment in England made by Parliament,
which said office is to be settled by the Governor, the management
to be in the Postmaster-General of England, to whom all accounts
are to be sent ; the Governor is required forthwith to carry out the
same, and take care that a constant correspondence may be had
from all parts as often as opportunity affords, and that no private
persons be permitted to carry letters or packets upon any pretence
whatever, such persons only excepted as are mentioned in said Act
of Parliament of 12 Car. II., entitled An Act for erecting and
establishing a post office, and such masters or pursers of ships who
give good caution to said officer for the safe delivery of such letters
and packets as they receive from said office inclosed in " males or
bougetts," for that purpose to be provided and sealed with the seal
appointed by said Postmaster-General ; Daniel O'Neil, groom of the
bedchamber, has been appointed by Letters Patent under the Great
Seal, Postmaster-General and Master of all the King's posts and
carriers in all his Majesty's dominions, to whose orders he is
required strictly to conform. 4 pp. [Col. Entry Bk.< Vol. XCIII.
pp. 17-20.]
June ? 464. Draught of the preceding, with corrections by Joseph
Williamson, who has endorsed same " To the Governor of Barbadoes
concerning the Post Office," but without date. 1 p. [Col. Papers,
Vol. XVII., No. 31.]
June ? 465. Fair copy of the above, only the words Barbadoes and
Caribbee Islands are not filled in, but a space is left blank. Un-
dated. With marginal note by Williamson, "Postage settled in
New England, &c." 3 pp. [Col. Papers, Vol. XVII., No. 32.]
June ? 466. Another copy of the above, with a space left blank, pro-
bably intended for a circular letter. 3 pp. [Col. Papers, Vol.
XVII., No. M.}
June ,-ip 467. Protest of John Valckenburgh, Director-General of the
St C Geore f de North coast of Africa &nd the Island of St. Thome, on behalf of the
Mina inOumea.States General and their authorised West India Company, against
Francis Selwyn, agent of the Royal English Company trading to
Africa. It is a thing known to all the world that the Portuguese
have against all maintained the whole coast of Guinea as their own ;
which by right of arms and treaties with the Crown of Portugal
doth at present indisputably belong to our State and Company.
Sad conquest, obtained at the expense of much treasure and blood
ought not to be disturbed by allies ; nevertheless, Selwyn and his,
136
COLONIAL PAPERS.
1663.
June 2.
Point Cagua.
June 3.
Whitehall
predecessors, against solemn protests of 24th May 1662, have en-
croached and set up a house of trade at Tacorary (? Tacorady) under
the protection of Chama, under which Tacorary, Saconde, and
Abrary have always been tributary. That it was not in the power
of the inhabitants to bring in others at Cabocors (? Cabaca),
where the English in 1647 encouraged the vassals of the States
General to rebellion, to their inestimable loss, which was again re-
newed by suborned Swedes and Danes. That the English have
openly, by their ships Coronation, James, Charles, Castle, and
Rupert, hindered the blocking up of Cabocors, which the Dutch
cannot tolerate any longer without punishing both authors and
abettors of designs, which might occasion a breach of friendship.
Therefore the English are entreated to depart from said factories
of Cabocors and Tacorary, in regard they are come in an unlawful
way. But if they will not be persuaded to yield to reasonable re-
quests, the Dutch protest against the Royal Company and all of the
English nation trading on this coast, requiring them to remove their
factories, and not to animate the natives of the country against
them, or countenance disturbers of the peace living "under the
notion of Danes." Protest further for all damages sustained by
said trading and by the proceedings of said Coronation, James,
Charles, Castle, and Rupert. Huybert Van Gazeldoncq, chief
Factor of the " General authorised West India Company at the Fort
Nassau Tot (?) Morice " is authorised to repair to Cormantin, and to
the Royal English Company's agent, intimate the contents of this
protest, and deliver it duly attested and signed. Certified by H.
Van Gazeldoncq and P. L. Cruypenninck that this protest " was
insinuated where it ought to be." Indorsed, The first protest of
ye Dutch. 8pp. [Col. Papers, Vol. XVIL, No. 34.]
468. Minutes of the Council of Jamaica. Commissary Povey
to be satisfied out of the remaining stores for sums expended by
him in repairing his Majesty's storehouses. Accounts presented by
Commissary Povey signed and discharged. Justices of the peace to
send down prisoners to the Government.
Orders to the justices of the peace in accordance with said minute
of Council concerning prisoners.
Order of the Governor and Council appointing Samuel Long
of Point Cagua, agent and overseer of the plantations of Philip
Lecock of London, merchant, in the place of Philip Dawkins,
deceased, f to remain in possession until the debts and expenses in-
curred be paid by Lecock or his assigns. 3 pp. [Col. Entry Bks. t
No. 37, p. 22, and No. 34, pp. 83-85.]
469. The King to Francis Lord Willoughby. Whereas the States
General have made complaint that some persons by pretence of
foreign commissions take merchant ships on the coasts of America
belonging to their subjects, and dispose of them in his Majesty's
Plantations without , legal prosecution ; and particularly that Robert
Downman by virtue of a Portugal commission still practises such
violences, notwithstanding a treaty of peace long since ratified
between the King of Portugal and the States General. He is com-
AMERICA AND WEST INDIES. 137
1663.
manded not to suffer Downman or any of his Majesty's subjects to
enter any port under his command with prizes, but to secure them
till further order, and give the like directions to all Governors of his
Majesty's Plantations in America. 1 p. \_Dor>i. Entry Bk., Chas. II.,
Vol. XIV., p. 9.]
June 5. 470. Report of the Council for Foreign Plantations to the King,
[Received.] concerning an order made by the Deputy Governor of Barbadoes.
The merchants and traders to Barbadoes having complained of the
delay of justice and legal proceedings for recovery of debts, parti-
cularly of an order lately made by the President and Council, there-
on petition of a few indebted persons in three out of the 13 parishes
into which the island is divided, by which order the judges in the
several precincts are commanded to adjourn and stay all proceedings
of their inferior officers there without the consent of the Assembly
[see ante, No. 424] ; a committee of the Council waited on Lord
Willoughby to acquaint him with said order, who declared he
had not received any account of it from the President and Council
of Barbadoes, but disliked the thing. After careful inquiry the
Council find that the petitioners are but a few of the most in-
debted persons of three out of the 13 parishes, that the President
and several members of the Council are much indebted, that the
ground of the petition the dryness of the season and probable
failure of the sugar crop in consequence was false, as there were
good hopes of a plentiful crop, and it was feared the President would
delay calling the Assembly until the crop was over or until it was
too late to execute a judgment upon it. Merchants who had obtained
attachments were imprisoned for refusing to return goods in their
possession. Planters generally take advantage of the order, and
factors refuse to account to their principals. Are of opinion that the
President and Council issued the order as well to avoid paying their
own debts as to gratify the petitioners. Merchants, owners, and
masters of ships are greatly disheartened by this stop of justice.
The order is without precedent, and of so evil consequence that if
not immediately prevented it will be the ruin not only of Barbadoes,
but of all other plantations in America. His Majesty is advised to
reverse said order, and to forbid the like in future under severe
penalties ; to permit merchants and others who have suffered, to take
their legal remedy against the makers of said order, that they be
removed from their present employment, and such further directions
given for quickening legal proceedings in Barbadoes and other Plan-
tations as may be deemed necessary. Signed by Lord Windsor,
Sir Jo. Berkeley, Sir John Colleton, Alex. Howe, Edward Digges,
Edw. Walker, and Thos. Kendall. The date, 1662, on this document
is clearly a mistake for 1663. 2 pp. [Col. Papers, Vol XVII
No. 35.]
June ? 471. The King to [Francis Lord Willoughby, Governor, and the
Council of Barbadoes]. Recommends Philip Froude, Secretary to
his Majesty's Council for Foreign Plantations, as a person particularly
suited by his immediate relation to his Majesty's plantations and
colonies to solicil and negotiate their concernments with the King
138
COLONIAL PAPERS.
June 5.
June 6.
June 8.
Jamaica.
1663.
his Council, and Secretaries of State, and from whom his Majesty
shall willingly receive petitions and addresses from the island as
occasion shall offer. Draft corrected by Williamson, who has endorsed
it, "When the Lord Willoughby goes." 1 p. [Col. Papers, Vol. XVII.,
No. 36.]
472. Fair copy of the preceding. [Dom. Entry Bk., Chas. II.,
Vol. X.,pp. 86, 87.]
473. The King to the Lord Willoughby, Governor of Barbadoes.
Duplicate of letter of 28th April 1663 to the Deputy Governor of
Jamaica [see ante, No. 443]. 1 pp. [Col. Entry Bk., No. 93, pp.
13, 14, and 16, 17.
474. Clement De Plenneville to " Le Chevalier Moray a Wetall "
[Sec. Morice, Whitehall]. Having had the honour of giving an
account of his travels in Porto Rico and San Domingo, fears it would
be wearisome to revert to the same, and has written, moreover, fully
to Mons. Le Fevre. After the failure of the design on Tortugas,
Captain Langford was chosen Governor of Little Goave, in Hispaniola,
by the inhabitants, and raised the first English Royal Standard
in that island. Sends description of that place, furnished to Sir
Chas. Lyttelton, Governor of Jamaica ; also letter he sent to encourage
the inhabitants of Hispaniola to serve his Majesty ; for many of
them are discontented with their present condition French, 2 pp.
Incloses,
474. I. Abraham Langford to Sergeant-Major Clement de Plenne-
ville. Has written " severals " of his being elected by the
inhabitants Governor of this place; has gone through
many difficulties, specially since Captain Munden's
arrival, who endeavours to excite the people against him.
The Tortudions are very high, and doubts their coming,
but is resolved to sell his tife at the dearest rate he can.
Little Goave, 1663, May 16. French, % p.
474. ii. Description of Little Goave, situated on the Gulf of Xara-
gua in the Isle of Hispaniola, extracted from the Memoirs
of Clement De Plenneville. 1663, May 31. French, 3 pp.
474. in. Copy of De Plenneville 's letter to the inhabitants of Little
Goave in Hispaniola, Jamaica, 1663, June 1. French, 3pp.
[Col. Papers, Vol. XVII, Nos. 37, 37 i., IL, in.]
June 8. 475. Clement de Plenneville to Mons. Le Febvre, Professor Royal
From your o f chemistry and Apothecary in ordinary to his Britannic Majesty
townf e cag^ay, at St James '> London. This is the third packet of letters sent,
Jamaica. ' but has not been fortunate enough to receive any. Was sent by
Lord Windsor with Capt. Stuart to Porto Rico to demand a treaty
between the Crowns, which was entirely refused. Procured an
attestation concerning Prince Maurice's ship, which was cast away in
a hurricane in 1652, which he has given to Lord Windsor for Prince
Robert (? Rupert). They then visited San Domingo, where they
were received with honour ; has given a plan to Sir Chas. Lyttelton
for his Majesty. Was then sent to reduce Tortuga to obedience, but
the expedition having failed through treachery, was landed at
AMERICA AND WEST INDIES. 139
1663.
Coridon in Hispaniola. Incloses certificate from the officers,
Samuel Barry and Valentine Liveret, of his own good services.
Description of Coridon, where it was resolved Lieut.-Col. Langford
should go to Little Goave, on the Gulf of Xaragua, while De Plenne-
ville returned to Jamaica ; Langford has since been elected Governor
of Little Goave. Private and local matters relating to Jamaica.
Describes some mines, for the working of which he desires a com-
mission. French, 12 pp. Incloses,
Certificate of the services of Major Clement de Plenneville
Signed by A. Langford, Sam. Barry, and Valentine Liveret. His-
paniola, Coridon, 1662-3, Feb. 14. [Col. Papers, Vol. XVII.,
Nos. 38, 38 i.]
June 10. 476. Sir John Colleton to the Duke of Albernarle. Divers
people desire to settle in Carolina under the Duke's patent, but
are hindered by the Duke of Norfolk's claim to the title grounded
on a Patent granted by Charles I. to Sir Robert Heath in 1629, and
by him assigned to the Duke of Norfolk's ancestors. Those who
wish to settle in Carolina will not go without liberty of conscience,
which cannot be granted them under Heath's Patent ; necessity for
the removal of that obstacle. Incloses,
476. i. State of the case of the Duke of Norfolk's pretensions to
Carolina. Grant of tho Province to Sir Robt. Heath, from
whom Sam. Vassall pretends he had an assignment for a
part for a term not yet expired, and the heirs of Sir Richard
Greenefield [Grenville] for the remaining part, who say they
never heard of any pretence by Mr. Howard or any of his
ancestors until within these three months, neither has Mr.
Howard shown any Patent or grant for the same, nor the
articles or instructions by which he was to plant, neither
have any of the aforesaid or their assigns planted any part
of this Province although thirty-five years have passed
since the grant. It is desired that his Majesty will for the
reasons stated in the above letter resume the Patent to Sir
Robt. Heath and all grants from it. Together 2 pp. [Col.
Papers, Vol. XVII., Nos. 39, 39 i.]
June 12. 477. Heads of a Commission to Francis Lord Willoughby,
appointing him Governor of the Caribbee Islands. In the hand-
writing of Joseph Williamson, with corrections. 1 p. [Col. Papers,
Vol. XVI L, No. 40.]
June 12. 478. Commission to Francis Lord Willoughby of Parham to be
Westminster. Governor of Barbadoes and the rest of the Caribbee Islands. With
power to choose a Council not exceeding twelve persons, who he
may displace at pleasure ; to constitute courts of judicature with
the form of procedure and appoint judges by such titles as he shall
think fit with reasonable fees and privileges, subject to confirmation
by the King in Council. And because an Assembly cannot be so
suddenly called as may be required, power is given to the Governor
and Council to make laws, not repugnant to the laws of England.
Power to erect forts, &c. and appoint officers ; also to grant letters
of incorporation and to appoint markets and fairs, and parcel out
140 COLONIAL PAPERS.
1663.
demesne lands into manors, lordships, or precincts, also to grant
lands under certain penalties for not planting the same, and with
the reservation of certain rents payable to the King, and to confirm
those already granted under a public seal. To present to any
ecclesiastical benefice ; erect ports, and as High Admiral constitute
courts for marine causes, and control the number of shipping and
landing of goods in such ports as he thinks fit. To erect Custom
Houses and appoint and displace officers. Powers of Vice-Admiralt}'-,
to execute martial law, and expel by force all intruders. Authority
to pardon or remit offences before or after sentence, except for high
treason or wilful murder, in which case Lord Willoughby may
reprieve for one year only. Power to administer oaths, use a public
seal and enrol grants ; also to summon a general Assembly not
exceeding two persons from each place, parish, town, or city to be
elected by the freeholders and called representatives, who may make
laws imposing penalties, imprisonment, or if need be take away life
or member, provided said laws be transmitted for confirmation, and
if disallowed forthwith to cease ; a negative voice given to Lord
Willoughby, with power of dissolution. Liberty to appoint deputies
with the same powers as are hereby given to himself from Christmas
last 1662. 17 pp. [Col. Papers, Vol. XVII., No. 41.]
June 12. 479. Another copy of the preceding commission to Lord Wil-
loughby, dated 12 May by mistake. 16 pp. [Col. Entry BL, No.
5, pp. 31-46.]
June 12. 480. Entry of the above. 26 pp. [Col. Entry Bk. } No. 92, pp.
67-92.]
June 12. 481. Letters Patent constituting Henry Willoughby, William
Willoughby, Henry Hawley, and Samuel Barwicke, Governors, in
the absence of Francis Lord Willoughby of Parham, over all the
islands lying between ten and twenty degrees north latitude, and
from the island of St. John de Porto Rico, eastwardly to three
hundred and twenty-seven degrees. Parchment, mutilated. [Col.
Papers, Vol. XVII., No. 42.]
June 13. 482. Order of the King in Council. Having heard the several pre-
Whitehall. tensions of the Earl of Kinnoul, Lord Willoughby of Parham, and all
others who claim title or interest in the Caribbee Islands under any
grants from the late King to the late Earl of Carlisle, the King
declares that the annual profits arising from the planters and in-
habitants of the Caribbee islands and payable to the Crown shall be
divided into two parts, one moiety to the use of Lord Willoughby
during remainder of lease by which same is devised to him, and after-
wards towards the support of the Government ; the second moiety as
follows : first, to the Earl of Marlborough an annuity of 300Z., and
at his death to his uncle William Ley, with preference over the
following assignments ; 500?. yearly to the Earl of Kinnoul until
the creditors of the late Earl of Carlisle be fully satisfied, after
which said Earl of Kinnoul is to have 1,000?. per annum to him
and his heirs for ever, in consideration of the surrender of Patent
granted to Lord Treasurer Marlborough, grandfather to the present
AMERICA AND WEST INDIES.
1663.
Earl, the remainder of said grant being in said Earl of Kinnoul
after the debts paid ; lastly, to the creditors of said Earl of Carlisle,
they having first agreed among themselves in what order and
proportion the same shall be distributed, two-thirds of the principal
money due to them as it has been adjudged them by several decrees
in Chancery ; which second moiety after satisfaction to said creditors,
excepting 1,000?. per annum granted in perpetuity to said Earl of
Kinnoul and his heirs, is to revert to the Crown. Indorsed by
Williamson, " Order of Council concerning the revenue of the
Barbadoes and the Earl Carlisle's creditors." 2 pp. [Col. Papers,
Vol. XVII., No. 43.]
June 13. 483. Two copies of the preceding Order in Council. [Col.
Papers, Vol. XVIL, Nos. 44, 45.]
June 13. 484. Entry of the above. 3 pp. [Col. Entry Bk, No. 92,
pp. 15-17.]
1663 ? 485. Petition of the creditors of James, 1st Earl of Carlisle,
contained in a schedule annexed to an assignment of James, the
2nd Earl, dated 29th Aug. 1649, to the King. Petitioners are in-
formed that Lord Willoughby is shortly to go and take possession
of the Government of the Caribbee Islands. Pray for the payment
of their debt of 28,921?. 2s. lOd. out of the profits of Barbadoes and
other the Caribbees ; and that Sir Will. Howard, Thos. Heinshaw,
Rich. Downing, James Gould, and Sam. Baker, creditors likewise in
the schedule, or their assigns, may be empowered to receive the
amount and divide it proportionably among the petitioners, or that
a day be appointed before Lord Willoughby depart, for all the
parties concerned to appear before his Majesty [see ante, Nos. 34-
37]. Indorsed by Williamson, " To be presented to the King by
your Honour when my Lord Chancellor is by, who knows the whole
matter." 1 p. [Col. Papers, Vol. XVIL, No. 46.]
1663 ? 486. Mr. Heinshaw's objections to the patent of the Receiver
of the Foreign Plantations. It is urged that the patent is void, and
that the fee of 400?. is not to be paid out of the King's part assigned
to the creditors of the Earl of Carlisle, but ought to be paid by Lord
Willoughby, who. it may easily be supposed, will avoid it ; for his
Lordship is by his grant receiver, and is empowered to appoint
collectors. Mr. Heinshaw on the other side, is willing this officer
should be a check, but is unwilling to pay anything towards his
400?. fee ; he admits that when the assignments to the creditors
and Lord Willoughby shall be satisfied, the Receiver may then be
a proper officer ; but he is at present proper and useful even to Mr.
Heinshaw, and, if assisted by further powers, his Majesty's interests
cannot be so well provided for in any other way. 2 pp. [Col.
Papers, Vol. XVIL, No. 47.]
1663 ? 487. Brief of patent for erecting an office in England for the general
receipt of revenues and profits payable to his Majesty from his
plantations in America and Africa, with a fee of 400?. per ann. [see
ante, No. 435]. With mem. of a petition that, seeing his Majesty
hath since ordered in Council that satisfaction should be received
142 COLONIAL PAPERS.
1663 ?
by the creditors of the Earl of Carlisle out of the King's revenue in
Barbadoes, said order may not be to the prejudice of Thomas Chif-
fiuch and Thomas Rosse, but that Lord Willoughby may be ap-
pointed to pay the fee granted to them in said patent. And though
the profits arising to his Majesty are at present diverted and not
yet paid to the King's Receiver here, it is humbly offered that Lord
Willoughby render account of such profits, so that his Majesty and
his officers may know what is raised and when said debts are satis-
fied. 1 p. [Col. Papers, Vol. XVII., No. 48.]
1663 ? 488. Indenture between Thos. Rosse and Thos. Chaffinch of
Westminster, and George Povey of St. Giles-in-the-Fields, by which
Rosse and Chiffinch depute to Povey the exercise of the office of
Receiver-General of rents, revenues, and profits due or payable from
his Majesty's foreign dominions, colonies, and plantations in Africa
and America, such office having been granted to them on April 9
last, with a fee of 400Z. per annum [see ante, No. 435], and having
been framed by Povey, who is very well versed in plantation affairs,
and who agrees and covenants to pay to them a full moiety of the
profits of the office. [Dom., Chas. II., Vol. LXXXVIII., No. 85,
Gal. p. 408.]
1663. 489. Instructions to Francis Lord Willoughby of Parham, Gover-
June 16. nor of the Caribbee Islands. To repair with all convenient speed to
Whitehall, his Government. To defend, with force if need be, the rights, privi-
leges, and prerogatives of the Crown, and administer the oaths of
allegiance and supremacy to all officers, military and civil. To take
especial care that the Gospel be preached and propagated according
to the doctrine of the Church of England, that Divine service be
decently and reverently celebrated, and the Sacraments duly admi-
nistered ; that there be a settled provision for encouragement and
invitation of learned and orthodox ministers, and bounds set out for
parishes and churches erected in the several islands to which he
shall present clerks well known for loyalty, learning, and piety.
To prevent and suppress all factions and seditions, and appoint
judges and justices of known ability and integrity, and erect the
necessary courts and offices. To use all prudential means to
advance the wealth and prosperity of the King's dominions in those
parts, and endeavour to advance both in price and goodness the
commodities of said islands. To take special care of the revenue,
and appoint customers, collectors, receivers, treasurers, and other
necessary officers, erect offices, and transmit accounts at least once a
year. The several islands to be well fortified and furnished with
ordnance, &c., officers and soldiers exercised in arms, but the charges
not to be paid out of the moiety of the customs assigned to the
creditors of the Earl of Carlisle. To keep good intelligence and
correspondence with the Governors of the American plantations.
Power to treat with the natives, especially those of St. Vincent
and Dominica, or if injurious or contumacious, to persecute them
with fire and sword. To inform himself of the condition and
strength of foreign plantations, particularly of those of the King of
Spain. Power to grant land under his own conditions and reserva-
AMERICA AND WEST INDIES. 143
1663.
tions, such grants to be binding on the King, his heirs and succes-
sors, provided not more than 10 acres be granted to any Christian
servant who within the space of two years settles there, or more
than 50 acres on any desolate or Indian island, but with reservation
of rents, &c. now payable to the King. To put in execution an Act
of Parliament for the encouragement and increase of shipping and
navigation, but with certain modifications as to trade with the
Spaniards for pearls, gold, silver, or any other rich commodity in
exchange for slaves or other commodities which shall have been
imported in English bottoms ; but not to part with native com-
modities, as ginger, sugar, indigo, tobacco, or dyeing wood, in all
which he is to govern himself by the warrant of 13th March 1663
[see ante, No. 426]. To recommend to the consideration of the
Assembly a price to be agreed on for sugars, upon which the King
will recommend it in such a manner to a body of good and sub-
stantial merchants, that the whole growth of sugars will be con-
stantly taken. Power to receive duties on shipping and goods
arriving in his Government, a yearly account of which is to be sent
to the High Treasurer. To use his best endeavours for the advance-
ment of the King's dignity and the peace and welfare of his subjects.
With power to keep private any of these instructions. 6 pp. [Col.
Papers, Vol. XVII., No. 49.]
June 16. 490. Entry of the preceding instructions to Lord Willoughby,
but there are several mistakes, and the number of acres to be granted
to every Christian servant is left blank. 11 pp. [Col. Entry Bk.,
No. 92, pp. 19-29.]
June. 491. Another copy of the above, dated 17th June 1663. 11 pp.
[Col Entry Bk., No. 93, pp. 20-31.]
1663 ? 492. Memorandum of letters, &c. with which Lord Willoughby
is to be provided previous to his despatch to Barbadoes. Among
them is a cipher, a seal for the island, the letter about the Post
Office, [see ante, No. 463], and his own commission and instructions.
In Williamson's hand. 1 p. [Col. Papers, Vol. XVII., No. 50.]
June ? 493. Petition of John Scott, John Winthrop, Simon Bradstreet,
Daniel Denison, Josiah Winslow, Thos. Willet, and Richard Lord to
the King. That they with many others purchased lands of the
natives in the Narragansett country in New England, and were
quietly seized of the same some years, and have in many places
built and planted upon said lands, but this last year, 1662, many
turbulent spirited fanatics, inhabitants of Rhode Island, have
disturbed petitioners by cutting down their houses in the night, and
in many other unheard of ways. Pray for the King's letter to the
Massachusetts and Connecticut, or what other way his Majesty shall
think fit. 1 p. [Col. Papers, Vol. XVII., No. 51.]
June 21. 494. The King to the Governors and assistants of the Massa-
Whitehail. chusetts, Plymouth, New Haven, and Connecticut colonies. Thos.
Chiftinch, John Scott, John Winthrop, Daniel Denison, Simon Brad-
street, Thos. Willet, Richard Smith, Edward Hutchinson, Amos
144 COLONIAL PAPERS.
1 663.
A
Richeson [Richardson], John Alcock, William Hudson, and their
associates having in the right of Major Atherton a just propriety in
the Narragansett country in New England, by grant from the native
princes of that country, and desirous to improve it into an English
Colony and Plantation, but yet are unjustly molested by unreason-
able and turbulent spirits of Providence Colony in New England ;
recommends said proprietors to their neighbourly kindness and pro-
tection, who are to be permitted peaceably to improve their colony,
and that they be on all occasions assisting to them against such
unjust oppressions and molestations. 1 pp. [Col. Entry Bk., Vol,
LX., pp. 22, 23,aso D&ni. Entry Bk., Chas. II., Vol. X., pp. 90-91.]
June 21. 495. Another copy of the preceding letter, certified by Edward
Whitehall. Rawson, Secretary of the Massachusetts. 1 p. [Col. Papers, Vol.
XVIL, No. 52.]
[June 21.] 496. Draught of the above with corrections in the handwriting
of Williamson. 1 p. [Col. Papers, Vol. XVII., No. 53.]
June ? 497. The King to the Governors, &c. of the Massachusetts, Con-
necticut, and Plymouth, in New England. To aid and assist Thos.
Chi/finch and the others named in the preceding letter in the peace-
able enjojinent of the Narragansett country, according to their
grants from the native princes, originally granted to Major Atherton,
but who, notwithstanding their lawful purchase, are daily disturbed
and obstructed from enlarging our Empire in the said New England
by unreasonable and turbulent spirited people of Providence Colony,
which the King expects should be repaired by a due administration
of justice, which shall by his Majesty be accounted as an acceptable
piece of service. Draught. 1 p. [Col, Papers, Vol. XVII., No. 54.]
June 22. 498. Warrant for a grant to Francis Lord Willoughby and
Lawrence Hyde, second son of the Earl of Clarendon, of the sole
use and benefits for 14 years in the Barbadoes and Caribbee Islands,
of the sugar-mill invented by David de Mercato, who by his long
residence in the West Indies, with much study, charge, and expense,
hath attained to the perfection of making and framing of sugar-
mills after a new manner. Signed by the King and countersigned
by Sec. JBennet. 2 pp. [Col. Papers, Vol. XVII., No. 55.]
June 22. 499. Copy of preceding. [Dom., Chas. II., Vol. LXXV., No. 104,
Gal, p. 178.]
June 24. 500. Minute of the Privy Council. A letter explaining a late
Whitehall. Act of Parliament, entitled An Act for encouraging and increasing
Shipping and Navigation, to the Governors of Virginia, Maryland,
Barbadoes, St. Christopher's, Nevis, Montserrat, Antigua, Surinam,
Jamaica, and New England, was signed by the Lord Chancellor and
fourteen other members of the Council. 4 pp. [Col. Entry Bk.,
Vol.LX.,pp. 11-15.]
June ? 501. The " letter to the Governors of Plantations about the Acts
of Navigation." Draft with corrections by Williamson, indorsed
as above. 1 p. This lettter was signed by the King 25th August,
see No. 539. [Col. Papers, Vol. XVII., No. 56.]
AMERICA AND WEST INDIES.
145
1663.
June 25. 502. Daniel Gookin to Ferdinando Gorges. His father was
Cambridge, intimately acquainted with Sir Ferdinando Gorges, and interested
ng an ' with him in his New England affairs, as some writings in Gookin's
possession evince. Has resided in New England near 20 years, and
a good part of that time employed in public affairs, so has had no
opportunity to understand some things relating to his claim to the
Province of Maine or the claim by the jurisdiction of Massachusetts.
Conceives it is not unknown to him how the body of the people
in that Province, several years since, being wearied with anarchy
among themselves, made their earnest application to the jurisdic-
tion of the Bay for protection and government, and accordingly
were accepted upon articles submitting and swearing fidelity to the
same, which agreement was to continue inviolable until the supreme
power in England released them. After this the line of the Massa-
chusetts Patent to the N.E. took in, according to the judgment of
good artists therein employed, the greatest part of all his Province,
under which settlement these parts have remained in a quiet pos-
ture sundry years, but of late have been interrupted upon pretence
of commission from himself, which has tended much to the disturb-
ance of the peace and good government of that place, and he
believes has brought but little profit to himself. The body of the
people in conscience to their oath and articles still adhere to the
Government of the Bay, and Gorges does not appear to have
strength and interest enough to compose and satisfy them. The
jurisdiction of Massachusetts has not been forward to enter into a
contest with him, finding it difficult to rule well a remote and
divided people. Commissioners have been once and again sent, and
compositions made with his, but as frequenuly broken upon pretence
of his authority. It is probable he will hear with great aggrava-
tions that Jordan is secured only to preserve public peace, for some
men are impatient of any power that will bridle their lusts and
disorders. Urges him to consult his own interests by making some
honourable composition with the jurisdiction of Massachusetts for
his claim, which he believes they will comply with rather than
engage in a contest with him and give him a [considerable] sum of
money. Indorsed, " A letter from Mr. Gookin, an eminent minister
among the Bostoners, advising some honourable composition with
them who will allow his propriety in any lands or possessions and
a considerable sum of money, if he shall remit government and
jurisdictions." 2 pp. [Col Papers, Vol. XVII., No. 57.]
June 26. 503. The King's bill containing grant of a charter to Rhode
Island and Providence Plantations. In this document blanks, as if
for Christian names, are left before the two names " Rainsborrow "
and " Williams" in the list of grantees. Indorsed, " Charles R.
Our will and pleasure is that this pass by immediate warrant.
Entred at the Signett, 7 July 1663." The Patent under the Great
Seal is dated 8th July 1663, see No. 512. [Privy Seals, 15 Chas. II.,
No. 360.]
June 27. 504. Warrant to [the Attorney-General]. To prepare a bill for
the Royal signature to pass the Privy Seal, authorising the Treasurer
M 605. K
146 COLONIAL PAPERS.
1663.
of the Exchequer out of such moneys as shall arise out of the farm
of the Customs to pay to Thomas Holder, Esq., Treasurer of the
Royal African Company, or his assigns, the sum of 5,200., being the
remainder of his Majesty's subscription to said Company, and also
the sum of 400?., being the subscription of her Majesty the Queen,
without account or imprest for the same. p. [Dom. Entry Bk.,
Chas. II., Vol. XV., p. 74.]
[June 27.] 505. Petition of Sir Robt. Killigrew, gentleman of the Privy
Chamber, to the King. That King Charles I. by Letters Patent
granted to Sir Robt. Killigrew and Henry Woodhouse, the peti-
tioner's grandfather and uncle, the government of the Bermudas, but
were hindered by the late rebellion from enjoying the benefit thereof.
Prays to be appointed Governor of those islands, for which he will
maintain one of the King's frigates their at his own cost, and not
require any salary, &c. With reference by Sec. Bennet to the
Council for Foreign Plantations, who are directed to certify what
they conceive fit to be done thereupon. 1 p. [Col. Papers,
Vol. XVIL, No. 58.]
1663 ? 506. Petition of Sir Robt. Killigrew to the King. His Majesty
having upon his former petition granted to him the government of
the Bermudas, if he could make it appear in the King's gift, prays
that the Commissioners for Foreign Plantations may be ordered to
hear his allegations and proofs, and report their opinion thereon ;
and if the same shall be so made appear, that then the King will
appoint him Governor. 1 p. [Col. Papers, Vol. XVI I., No. 59.]
1663. 507. Extracts of letters from Cormantin and other places in
June to Africa. June. The Dutch give daily great presents to the King of
Sept. Futton and his " capeshiers " to exclude their Honours [the Royal
Guinea Coast. African Company] from the trade, and to the King of Fantyn and
his capeshiers, to make war on the English castle of Cormantin,
saying if they could but got that place never Englishman more
should have trading upon that coast. Had not Capt. Stokes arrived,
it's much to be feared the Flemish flag had been on Cormantin, as it
is now on the castle at Cape Corso. The Dutch prevailed on the
King of Aguina treacherously to lay hold on John Cabessa, who
was a great defence to Cormantin, and on the 28th May to plunder
the house at Wiamba. Sept. From Capt. Stokes at Annashan. The
English got a treaty with them of Futton in spite of the Dutch,
and four hostages that they should build a castle there, but the
Dutch would not suffer them to land. From Capt. Stewart at Ardra.
The Dutch told the King of Ardra that they had conquered the
Portugals, the potentest nation that ever was in those countries, and
turned out the Dane and Swede, and in a short time should do the
same to the English, and by these discourses hindered the Company's
factors from trade. From the Council of Factors at Cormantin.
The Dutch have given bribes to the King of Cabessaland, who
seized some goods going from hence, and killed the negroes that
bought them. Have settled two Englishmen at Commenda, where
the King sent two hostages, one his own son ; but the Dutch have
AMERICA AND WEST INDIES. 147
1663.
a great ship before the place, firing at all canoes that pass in or out.
Aug. From Mr. Brett, factor at Commenda. Came to the place on
the 21st, and the Dutch .man-of-war told them they must not go
ashore ; in two days more the Amsterdam came from Castle de Myne,
and sent two men on board to see if they belonged to the Royal
Company, pretending if they had been interlopers that they (the
Dutch) had power to take them. Next day the Dutch manned out
three long boats, and continued firing at all canoes that would have
traded with the English, and those canoes that were made .fast to
the English ship the Dutch cut from the ship's side, which one of
the seamen endeavouring to prevent, a Dutchman cut him in the
leg. So the English ship weighed anchor, the long boat's men
" giving us such base language as was not to be endured." Indorsed,
An extract of letters, Royal Company. 2 pp. [Col. Papers,
Vol. XVIL, No. 60.]
July 3. 508. Warrant to pay 5,200Z. and 400Z. out of the farm of the
Customs to Thomas Holder, Treasurer of the Royal African Com-
pany, being his Majesty and the Queen's remaining subscription.
Indorsed, 3 July 1663. [Dom., Chas. II., Docquet.]
July 3. 509. Petition of Henry Janson to the King. Having at great
Whitehall, expense endeavoured to make clear his Majesty's right encroached
upon, belonging to the Barbadoes, prays that those planters to whom
his Majesty has conferred the right before granted to petitioner may
make reparation of his great loss. With reference to the Lord
Treasurer. See also No. 511. \<p. [Dom. Entry Bh, Chas. II.,
Vol. XIII., p. 321.] j
July 6. 510. Minutes of the Council for Foreign Plantations. Upon
Inne w Court of com pl a int of Capt. Scott that the Dutch have of late years unjustly
ards< intruded on the mainland of New England and some islands adjacent,
particularly Manhatoes and Long Island, and do not give obedience
to the laws of this kingdom, and on reading Lord Sterling's petition
to the King and hearing the attestations of divers persons now
present, ordered that Capt. Scott and Messrs. Maverick and Baxter
draw up a brief narrative 1st, of the King's title; 2nd, of the
Dutch intrusion ; Srdly, of their strength, trade, and government
there ; and, lastly, of the means to make them submit to the King's
Government or to expel them. Printed in New York Documents,
III., 46. i p. [Col Papers, Vol. XIV., No. 59, p. 53.]
[July 6.] 511. Petition of Henry Janson, Doctor of Laws, to the King.
Sets forth the great expense incurred by him and his friends in
supporting his Majesty's right to the waste lands and encroachments
about Barbadoes. Has surrendered the lands granted to him in
order to save his Majesty from the importunity of the planters.
Prays that some reparation may be made him for charges and losses
incurred by him for that service to about 5001. Annexed,
511. i. Reference from Sec. Sir Henry Bennet to the Lord High
Treasurer for his report to the King. Whitehall, 1663,
July 6. H pp. [Col. Papers, Vol. XVIL, No. 61.]
K 2
148 COLONIAL PAPERS.
1663.
[July 8.] 512. Charter of Rhode Island and Providence Plantations.
Whereas his Majesty has been informed by the petition of John
Clarke, on behalf of Benjamin [Benedict] Arnold, William Brenton,
William Coddington, Nicholas Easton, William Boulston, John Porter,
John Smith, Samuel Gorton, John Weekes, Roger Williams, Thomas
Olney, Gregorie Dexter, John" Cogeshall, Joseph Clarke, Randall
Hoi den, John Greene, John Roome, Samuel Wildbore, William
Feild, James Barker, Richard Tew, Thomas Harris, and William
Dyre, and the rest of the purchasers and free inhabitants of the
island called Rhode Island, and the rest of the colony of Providence
Plantations in Narragansett Bay in New England, That they, pur-
suing with loyal minds their serious intentions of godly edifying
themselves in the holy Christian faith as they were persuaded, toge-
ther with the conversion of the Indian natives, did not only with
the encouragement of his Majesty's progenitors transport themselves
into America, but not being able to bear in those parts their
different apprehensions in religious concernments again left their
desirable habitations, and transplanted themselves into the midst
of the most potent Indian people of that country, where (by the
good Providence of God, from whom the plantations have taken
their name), they have not only been preserved to admiration, but
have prospered and become possessed by purchase from the natives
of lands, rivers, harbours, &c., very convenient for plantations, ship
building, supply of pipe-staves, and commerce with his Majesty's
southern plantations, and by their friendly society with the great
body of the Narragansett Indians have given them encouragement
to subject themselves to his Majesty. And whereas they have
declared that it is much on their hearts to hold forth a lively expe-
riment that a flourishing civil state may best be maintained among
his Majesty's subjects with full religious liberty, and that true piety
will give the greatest security for sovereignty and true loyalty,
His Majesty, willing to preserve to them that liberty in the worship
of God which they have sought with so much travail and loyal
subjection, and because some of them cannot conform to the liturgy,
ceremonies, and articles of the Church of England, and hoping that
the same, by reason of distance, may be no breach of the uniformity
established in this nation, hereby grants and declares that no person
within the said colony shall hereafter be any wise molested or
called in question for any difference in opinion in matters of religion
that does not disturb the civil peace of the colony, and that they
shall enjoy the benefit of his Majesty's late Act of Indemnity and
free pardon. And his Majesty constitutes the said William Brenton,
William Coddington, Nicholas Easton, Benedict Arnold, William
Boulston, John Porter, Samuel Gorton, John Smith, John Weekes,
Roger Williams, Thomas Olney, Gregory Dexter, John Cogeshall,
Joseph Clarke, Randall Holden, John Greene, John Roome, William
Dyre, Samuel Wildbore, Richard Tew, William Feild, Thomas Harris,
James Barker, Rainsborrow Williams, and John Nickson, and
all others admitted free of the Company, to be for ever a body cor-
porate and politic, by the name of the Governor and Company of the
English Colony of Rhode Island and Providence Plantations in New
AMERICA AND WEST INDIES.
149
1663.
England, with perpetual succession, a common seal, and all the
usual powers of other corporations in England, with power to elect
a Governor, Deputy Governor, and 10 assistants, out of the freemen.
Benedict Arnold to be the first Governor ; William Brenton, Deputy
Governor ; and William Boulston, John Porter, Roger Williams,
Thomas Olney, John Smith, John Greene, John Cogeshall, James
Barker, William Feild, and Joseph Clarke, assistants, to continue in
office until the first Wednesday in May next. And every year, on
the first Wednesday in May and last Wednesday in October, or
oftener if requisite, the assistants and such freemen, not exceeding
six for Newport, four each for Providence, Portsmouth, and War-
wick, and two for each other place or town, elected by the major
part of the freemen, to have a General Assembly, and the major part,
of whom the Governor or Deputy Governor and six of the assistants
to be seven, shall have power to admit persons to be free of the
Company, to appoint officers, grant Commissions, make and repeal
laws, &c., so as they be not repugnant to those of England, settle
courts of jurisdiction, appoint forms of oaths, regulate the manner
of elections to places of trust, prescribe the bounds, &c. of towns or
cities, impose and remit punishments according to the course of
other corporations in England, and so dispose of all things, and
particularly that which relates to making purchases of the Indians,
that they may win the Indians to the knowledge of the only true
God and Saviour of mankind. And yearly on the said Wednesday
in May, at Newport or elsewhere, if urgent occasion require, the
Governor, Deputy Governor, assistants, and other officers, to be
newly chosen by the greater part of the Company present, or others
in their stead ; provided that all officers give "their solemn engage-
ment by oath or otherwise for the faithful performance of their
duties, viz. : said Benedict Arnold before said William Brenton or
any two of the assistants ; said William Brenton before said Bene-
dict Arnold or any two of the assistants ; and said assistants before
said Benedict Arnold and William Brenton or either of them ; with
power to the Governor or Deputy Governor, and major part of the
assistants, when the General Assembly is not sitting, to appoint
military officers, asssemble the inhabitants in martial array for
defence, and to resist and destroy all that shall attempt invasion or
annoyance, exercise martial law, and invade and destroy the Indians
or other enemies of the colony. But it shall not be lawful for said
colony to invade the natives within the bounds of other colonies
without the consent of said colonies, nor for other colonies to
invade the natives or other inhabitants within the bounds hereafter
mentioned (they being taken into his Majesty's special protection),
without the consent of the Governor and Company of said colony,
but not to do any unlawful hostility against any of his Majesty's
subjects or those in amity with him. Provided that these presents
shall not hinder any of his Majesty's subjects from fishing on the
coast of New England, or from building on the waste lands of the
colony wharves, stage's, &c. for salting, drying, and keeping their
fish. And for the encouragement of the inhabitants in taking
whales, it shall be lawful for them, having struck whale, dubertus,
160 COLONIAL PAPERS.
1663.
or other great fish, to pursue and kill it on any shore of the colony,
making no wilful spoil thereon. And his Majesty will from time to
time give all fitting encouragement to the planting of vineyards
(with which the soil and climate seem to concur) and discovery of
fishing banks. Also power to all free of the Company or trading
thither to transport his Majesty's subjects and strangers (except
those restrained by his Majesty) and goods not prohibited by law,
paying customs for the same. All his Majesty's subjects now in
said colony and their children born there to enjoy the liberties of
natural subjects. And his Majesty grants to said Governor and
Company all that part of New England containing the Nahantick
and Nanhygansett aJs Narragansett Bay and countries and parts
adjacent, bounded on the west or westerly to the middle or channel
of a river there commonly called Pawcatuck ats Pawcawtuck river,
and along the middle stream thereof up into the North Country to
the head thereof, and thence by a straight line due north until it
meets with the south line of Massachusetts Colony, and on the north
by the said south line of the Massachusetts Colony, and extending
towards the east, three English miles to the east and north-east of
the most eastern and north-eastern parts of Narragansett Bay, as
the bay extends from the ocean, on the south to the mouth of the
river, which runs towards the town of Providence, and then along
the easterly bank of the said river (higher called Seacunck River),
up to Pawtuckett Falls, being the most westwardly line of Plymouth
Colony, and so from the said falls in a straght line due north, until
it meet the aforesaid line of the Massachusetts Colony, and bounded
on the south by the ocean, and in particular the lands belonging to
the town of Providence, Pawtuxett, Warwick, Misquammacok ate
Pawcatuck, and the rest on the main land in the tract aforesaid ;
together with Rhode Island, Block Island, and all the rest of the
islands and banks in the Naragansett Bay, and bordering on the
coast of the tract aforesaid (Fisher's Island only excepted), with all
lands, ports, waters, fishings, mines, minerals, woods, privileges, and
jurisdictions within the same. To hold the same of his Majesty,
his heirs and successors, as of the manor of East Greenwich, in free
and common soccage, paying one fifth part of all gold and silver ore,
any clause in a late grant to the Governor and Company of Connec-
ticut Colony to the contrary notwithstanding, the aforesaid Paw-
catuck river having been yielded after much debate for the bounds
between said colonies by the agents thereof, who have agreed that
said river shall be also called Narragansett river, and be deemed
to be the Narragansett river mentioned in his Majesty's late grant
to Connecticut Colony, as the easterly bounds of that colony. And
it shall be lawful for said colony to make appeals to his Majesty,
&c. in all public controversies (with other colonies ?), and for the
inhabitants freely to pass through and hold commerce with the
inhabitants of other English colonies willing to admit them. These
presents to be construed most favourably for said Governor and
Company. 7 membs. [Pat. Roll, 15 Chas. II., part 15, No. 3.]]
July 8. 513. The Charter of Rhode Island. Indorsed. Taken from a
Westminster. C0 py lent by Mr. Brenton, Nov. 1696. With alterations and the
AMERICA AND WEST INDIES.
151
16G3.
July 8.
Whitehall.
July 8.
Whitehall.
July 8.
Whitehall.
1663?
1663.
July 18.
Point Cagua.
Aug. 1.
Whitehall.
Aug. 3.
addition at the end of several lines, together with the date, which
does not appear on the above enrollment of this Charter. 20 pp.
[Col Papers, Vol. XVII., No. 62.]
514. Warrant to the Attorney-General to prepare a bill to pass
the Great Seal granting to John Collins and his assigns the moiety of
the profits of the Island of Barbudo, or Barbuda, one of the Carib-
bees, lying in 17-f N. lat., about eight or ten leagues from Antigua,
three leagues in length and one in breadth, which is inhabited only
by cannibals, for seven years from Michaelmas last, the other moiety
having been granted to Lord Willoughby ; also a further grant to
said Collins and his assigns of said island and the profits thereof
for fifty years after said term of seven years, on payment of the
yearly sum of 33s. 4d. to the King and his successors. Signed by
the King and countersigned by Sec. Sir Henry Bennet; but with
erasures and additions. 1 p. [Col. Papers, Vol. XVII., No. 63.]
1 p. [Col. Papers, Vol. XVII.,
515. Copy of preceding warrant.
No. 64.]
516. Entry of the above. 1 p. [Dom. Entry Bk., Chas. II.,
Vol. XV., pp. 96, 97.]
517. Petition of Will, (sic) Collins to the King. Having received
a grant from his Majesty for one half of the profits of the island of
Barbuda, of which the petitioner is Governor, by commission from
Lord Willoughby, prays for license to transport out of Ireland twelve
hundred hides and a thousand dozen of sheepskins, the island being
altogether unprovided with English inhabitants and almost all sorts
of conveniences. 1 p. [Col. Papers, Vol. XVII., No. 65.]
518. Minutes of the Council of Jamaica. That creditors of sums
not exceeding forty shillings shall have recourse to any justice of
quorum, who is hereby empowered to give relief to the creditor as
amply as if brought into any court of judicature. [Col. Entry Bk.,
No. 37, p. 22.]
519. Petition of Samuel Mavericke [to the King]. Has lived
many years in New England, and with many others suffered great
wrongs from those who have the rule. Prays his Majesty to take
order for rectifying said abuses. With reference to the Council of
Foreign Plantations. p. [Dom. Entry Bk., Chas. II., Vol. XIII.,
p. 335.]
520. The King to the Governor and Council of Virginia. Recites
the patent granted in the first year of his Majesty's reign to Henry
Lord Jermyn, now Earl of St. Albans, Ralph Lord Hopton, John
Lord Berkeley, Baron of Stratton, Sir Wm. Morton, serjeant-at-law,
and others, of a tract of land within the heads of Rapahannock and
Patowomac rivers and all islands within the banks of said rivers,
which by reason of the late unhappy and unsettled times they could
not plant or enjoy ; the demise of said Patent to Sir Humphrey
Hooke, John Fitzherbert, and Robt. Vicaredge ; and his Majesty's
letter of 5th Dec. last to the Governor and Council of Virginia to be
152
COLONIAL PAPERS.
1663.
Aug. 3.
Aug. 3.
Aug. 4.
Aug. 11.
Point Casua.
Aug. 12.
Whitehall.
Shaftesbury
Papers.
Aug. 12.
1663?
Shaftesbury
Papers.
aiding and assisting in settling said plantation and receiving the
rents, issues, and profits thereof, [see ante, No. 391.] Is induced to
believe that said letters have miscarried, as they have lately ob-
structed the proceedings upon said Letters Patent, so they are com-
manded on sight hereof not only to forbear any further interruption,
but to restore said Letters Patent to those employed by Sir
Humphrey Hooke and the other lessees, which the King is informed
they detain, and to assist and protect them in carrying on that
work. Signed by the King and countersigned by Sec. Sir Henry
Bennet. 3 pp. [Col Papers, Vol. XVII. No. 66.]
521. Draft of the preceding, with corrections by Williamson.
3 pp. [Col. Papers, Vol. XVII., No. 67.]
522. Entry of the above with the marginal note " enforcement
of a former letter to the Governor of Virginia." 4 pp. [Col. Entry
Bk., Vol. XCIIL, pp. 32-35.]
523. Warrant to [the Governor of Newgate ?]. On petition of
Richard Miller, prisoner in Newgate, pardoned on condition of
transportation, to detain Miller in gaol till he can find sureties
before Alderman Sir Thos. Adams for his transportation to Jamaica,
see No. 551. f p. [Dom. Entry Bk., Chas. II., Vol. XV., p. 145.]
524. Minute of the Council of Jamaica. Letters read from the
King and Sir Henry Bennet, forbidding any further attempts on
the Spaniard, in pursuance of which all private ships of war are to
be called in forthwith. [Col. Entry Bk., No. 37, p. 22.]
525. Order of the Privy Council. The King having taken into
consideration the present condition of the Province of Carolina and
his grant of the same to the Lord High Chancellor (Clarendon),
George Duke of Albemarle, William Lord Craven, John Lord Berkeley,
Anthony Lord Ashley, Chancellor of the Exchequer, Sir George
Carteret, Vice-Chamberlain, Sir William Berkeley and Sir John
Colleton, Knts, the Attorney-General is directed forthwith to proceed
either by inquisition or by scire facias in the revoking of all former
Letters Patents and grants of the said Province, and it is ordered that
the Lord Chancellor and the other patentees proceed in the planting
of said Province, and that no grant of any Foreign Plantation
shall pass the Great Seal in future without a clause that if within
a certain number of years no plantation be made the said grant
shall become void. Signed by Clarendon C., Albemarle, T. South-
ampton, and 12 others. [Shaftesbury Papers, Section IX., No. 2.J
526. Copy of the preceding. [Col. Entry Bk., No. 20, p. 15.]
527. The Great Seal of the Lords Proprietors of Carolina, with
the inscription Magnum Sigillum Carolines Dominorum, and the
motto Domitus cultoribus orbis. On the reverse are the coats of
arms of the eight Lords Proprietors named in the preceding Order
in Council. Two separate seals, being impressions in red wax
of the obverse and reverse, slightly imperfect. [Shaftesbury Papers,
Section IX., No. 105.]
AMERICA AND WEST INDIES. 153
1663.
Aug. 12. 528. Proposals of several gentlemen of Barbadoes. Sensible of
the great loss that might redound to the nation, by the evil reports
of those sent from New England to settle at Cape Fear, they have
again sent Wm. Hinton, with his ship Adventure, for discovery of
the coast southward from Cape Fear as far as 31 N. lat., in which
design are above 200 gentleman of good quality in this island.
They desire the noble undertakers to send an exemplification of
the Charter of Carolina ; and to empower them to purchase of the
natives such lands as they shall find fit for their accommodation, not
exceeding 1,000 square miles, to be granted to them and their heirs and
assigns for ever, in the form of a corporation or county, to be called
the Corporation of the Barbadoes Adventurers, with the same
privileges as is granted to them by his Majesty. Desire to know as
soon as may be if any other rents or services be required, .for there are
many hundreds of noble families and well experienced planters, that
are ready to remove speedily thither, with negroes and servants.
And as many of their number are fit to manage the government of
so considerable a corporation they expect to have the sole power of
electing all delegates, governors, and officers, and making laws and
governing themselves, according to the charter from his Majesty.
They also desire a proclamation may be procured from the King to
all Governors in these Plantations, not to hinder any free and
unengaged persons from going thither ; and they intend by their
next to send a list of such persons as have already subscribed, and
are of the Committee by them chosen to manage affairs. 1 pp.
[Col Entry Bk., No. 20, pp. 10, 11.]
Aug. 12. 529. Tho. Mody ford and Peter Colleton to [Duke of Albemarle.]
Advise that he will appoint some persons to treat on the above
proposals, and bring them to accept of byelaws only instead of
general laws, and that the Governors they mean to choose should be
only such as in the city of Exon, viz., mayors, aldermen, sheriffs,
constables, and the like, which he conceives may satisfy them. [Col.
Entry Bk., No. 20, p. 11.]
1663 ? 530. Statement of Sir Chas. Lyttelton's case. That on the return
of Lord Windsor he was left Governor of Jamaica, without any
allowance, and in consequence, notwithstanding some small advan-
tage from prizes, at the date of his last letters, April 2nd, he had
contracted a debt of 5QQL for completing the fort and satisfying
other charges of Government. His household expense also as
Governor is very unsuitable to his small estate, his table alone
costing at the rate of 6001. per annum, while since Lord Windsor's
arrival the perquisites of the Governor amount not to 1501. He
therefore requests some annual salary, and in the event of the recall
of his commission such prize money as he shall be accountable for,
not exceeding 1,0001., seeing that he is in the place of one to whom
his Majesty allowed 2,OOOZ. per annum. Indorsed, Sir Chas.
Littelton, 1,OOOZ. 1 p. [Col Papers, Vol. XVII., No. 68.]
1663. 531. Warrant to the Attorney-General. To prepare a bill for
Aug. 15. the Royal signature to pass the Privy Seal, authorising Sir Charles
154 COLONIAL PAPERS.
1663.
Lyttelton, Knt., Deputy Governor of Jamaica, to retain 1,000?. for
his own use towards defraying the charges of his office out of
prizes and prize goods. 1^- pp. [Dom. Entry Bk.,Chas. II. Vol. XV.,
pp. 164, 165.]
Aug. ? 532. Draft of the preceding warrant, with corrections in the
handwriting of Williamson. 1 p. [Col. Papers, Vol. XVII.,
No. 69.]
Aug. 15. 533. Warrant to the Sheriff of Radnor. Whereas Mathew
Mathews and Thomas Jones stand convicted, the first for clipping
and coining, the other for stealing cattle, and whereas his Majesty
is informed that they being atrong 'of body it might be for the ad-
vantage of the public to suffer them to be transported, his Majesty's
pleasure is that he forthwith deliver them to Sir Richard Lloyd to
be transported to Foreign Plantations, they being willing to be so
transported. \ p. [Dom. Entry Bk., Chas. II., Vol. XV., p. 165.]
Aug. 18. 534. Minutes of the Council of Barbadoes. Present, Francis Lord
Willoughby of Parham, Governor, Sir Robert Harley, Cols. Thos.
Ellice, Edmund Reid, Hump. Walrond, Jas. Browne, John Yea-
mans, and Wm. Kirton. The oath of allegiance to the King, and
to be true and faithful to the Governor, administered by Lord Wil-
loughby to each of the Councillors. Ordered that summons issue
forth for a meeting of the Assembly on Tuesday next. 1^ pp. [Col.
Entry Bk.. Vol. XL, pp. 79, 80.]
Aug. 19. 535. Grant to Sir Charles Lyttelton, Deputy Governor of Jamaica,
of 1,000?. towards his expenses there, to be by him received and
retained out of prizes and prize goods without account, with direc-
tions to the officers of the Exchequer to allow the same. [Dom.,
Chas. II., Docquet.~\
Aug. 21. 536. A Declaration and Proposals to all that will plant in Carolina.
His Majesty having by charter dated 24th March 1663, granted to
Edward Earl of Clarendon and others certain territories in America,
said Lords Proprietors declare to all his Majesty's subjects: 1. That
the first colony shall be free to settle on Charles river, the Lords
Proprietors reserving to themselves 20,000 acres, which they intend
in due time to settle and plant, submitting themselves to the govern-
ment of the colony. 2. That the first colony may have power at
their own charge to fortify the river and sea coast, engaging to be
faithful to his Majesty and his successors by some oath of their
own framing. 3. That the undertakers of that settlement before
repairing thither shall present to the Lords Proprietors 13 persons
of those that intend to go, of which number the Lords Proprietors
will commissionate one to be Governor for three years and six to
be of the Council, and others'to succeed in case .of death or removal ;
and by the 25th March before the expiration of the time of the
Governor in being, a new presentment of 13 shall be made by the
freeholders, out of whom by the 10th April following the Lords
Proprietors will commissionate a Governor and Council as aforesaid.
4. That they will empower deputies to be chosen by the freeholders,
AMERICA AND WEST INDIES. 155
1663.
two out of every parish, to make their own laws, so as they be
not repugnant to the laws of England ; which laws shall within
one year after publication be presented to the Lords Proprietors for
ratification, and shall be in force until repealed by the same power
or by time expired. 5. That they will grant freedom of conscience
in all religious things. 6. That they will grant the full benefit of
the annuities granted to them by the charter as to freedom of
customs on tools exported from England, and on wine, oil, raisins,
olives, capers, wax, currants, almonds, and silkes imported, for seven
years after 4 tons of every respective specie is imported in one
bottom. 7. That they will grant to every undertaker within five
years of the first settlement 100 acres for ever, for every man
servant armed with a good musket 20 Ibs. powder, and 20 Ibs. of
bullets, 50 acres, and for every woman servant 30 acres, and to
every man servant 10 acres, and to every woman servant 6 acres,
at the expiration of their time. 8. That they will enjoin the
Governor and Council to take care that there be always one man
armed for every 50 acres granted. In consideration of the pre-
mises the Lords Proprietors expect one halfpenny per acre for every
acre granted as aforesaid, that the court-houses, &c. be erected by
the public monies on the land taken up by the Lords Proprietors, but
to be to the country's use for ever, paying some small acknowledg-
ment. 2 pp. [Col Entry Bk, No. 20, pp. 1-3.]
Aug. 21. 537. Bond of Daniel Gotherson of Godmersham, Kent, and John
Scott of Long Island, America, in QQl. to pay 30?. 4s. to John Legg
of Blackfriars before 25th March next. \Dorn., Chas. II., Vol.
LXXIX., No. 10, Col., p. 246.]
Aug. 24. 538. Petition of Edmond Wyndham and Thos. Elliott, "Your
Maj ties servants," to the King. Are willing to undertake the work-
ing of those copper mines which are presumed to be in Nova Scotia
in a mountain adjoining a river, commonly called Seganectucke.
Pray for a grant to themselves, or to those whom they may nominate
of the sole profit of all mines they shall discover within said moun-
tain, rendering one-fifth part in specie of the metal raised to the
Crown. With reference to the Lord Treasurer and the Chancellor
of the Exchequer, the King being inclined to gratify the petitioners
and to encourage an undertaking of such public use and benefit.
Annexed,
538. i. Report of Lord Treasurer Southampton to the King on
above petition. The petitioners having obliged themselves
to bring home all the copper, gold, and silver to be excepted
in the lease, and to pay customs, recommends that limits
be given to the mountain and a lease granted for 31 years
without inheritance, 16 Dec. 1663, see No. 636, 16 Jan.
1664. Together 2 pp. [Col Papers, Vol. XVII.,
Nos. 70, 71.]
Aug. 25. 539. Circular letter from the King to [the Governors of
Whitehall. a ll his Majesty's Plantations]. His Majesty and Privy Council,
having maturely considered the importance of two Acts lately made
156
COLONIAL PAPERS.
1663.
Aug. 25.
Whitehall.
Aug.?
Aug. 25.
Aug. 25.
Aug. 25.
Aug. 26.
Whitehall.
for the increase of Shipping and Navigation in relation to trade and
revenue, and for keeping his Plantations in constant dependance,
commands the utmost diligence to be used for punctually observing
the same, and has appointed (left blank} to administer
the oath prescribed in said Acts. Any neglect will give his Majesty
great displeasure. Signed by the King and countersigned by Sec.
Sir Henry Bennet. 1 p. [Col. Papers, Vol. XVII., No. 72.]
540. Duplicate of the preceding. Signed by the King and
countersigned by Sec. Sir Henry Bennet, with the addition after
the date " in the fifteenth year of our reign." 1 p. and 3 lines.
[Col. Papers, Vol. XVII., No. 73.]
541. Two drafts of the above, with corrections by Joseph Wil-
liamson, Under Secretary of State. [Col. Papers, Vol. XVII.,
Nos. 74, 75.]
542. Copy of the above circular letter. [Dom. Entry Bk.,
Ghas. II,, Vol. X., pp. 108, 109.]
543. Licence to John Browne, who has a patent for setting up
works for refining sugar in Scotland, to use four Scots' ships for
full and free trade with the King's lands, islands, plantations, and
territories in Asia, Africa, or America, provided the said ships
return directly into Scotland or England, notwithstanding that by
a late Act all Scots' ships seem to be excluded from trading with
any such lands, islands, plantations, and territories. [Dom., Chas. II.,
Vol. LXXIX., No. 75, Gal, p. 253.]
544. Minutes of the Council of Barbadoes. Ordered that the
Assembly sit with the Council at this time, Lord Willoughby's
Patent giving him power to order them to sit together or apart.
The Assembly sent for, when his Excellency's Patent was read, after
which he informed them that the King had been at very great
charge in purchasing the Earl of Carlisle's Patent, and though he
had been offered large sums by gentlemen in England for this
revenue, yet out of his affection for his subjects his Majesty had
refused. His Excellency said it therefore would now become them
to express their duty and thankfulness to his Majesty in settling
his revenue. Some resolves of the Assembly were then read and
laid aside, and a Committee appointed, to consist of four of the
Council and eight of the Assembly, to treat together in the after-
noon about settling the King's revenue. 1 pp. [Gol. Entry Bk.,
Vol. XI., pp. 80,81.]
545. Order of the King in Council. On petition of the Royal
African Company, setting forth that their privileges are entrenched
upon by Derrick Will Rey, who assumes the title and power of
Governor-General of the coast of Africa for the States General, and
praying that Sir George Downing, his Majesty's envoy to the States
General, may be empowered to prosecute and protest in the affair.
His Majesty was pleased effectually to recommend Sir George Down-
ing to demand full and speedy satisfaction for the injuries complained
of, and to effect that the like be prevented hereafter. 1 p. [Dom,.
Entry Bh, Chas. II., Vol. XIIL, p. 355.]
AMERICA AND WEST INDIES.
157
1663.
Aug. 30.
Cockpit.
Aug. 30.
Whitehall.
Aug. 31.
Cockpit.
547. The Lords Proprietors of Carolina to Col. Tho. Modyford and
Peter Colleton, Esq. Find by letters from Ric. Evans, Jno. Vassall,
and others, and from Col. Modyford, that several people of Barba-
does have inclination to settle in Carolina, whom Lords Proprietors
desire by all means to encourage, so have sent enclosed declaration
and proposals [see ante, No. 536], copies of which they may give to all
such as desire them, and send others to the " Barmuthos," New
England, and elsewhere. Are informed that some ill-willers to the
settlement upon Charles river contrived its miscarriage, and that they
went not to the branch of the river that Hilton was in, and besides
took not the proper time of year. Are informed the air is wondrous
healthy there, and the land proper to bear commodities not yet
produced in other Plantations, as wine, oil, currants, raisins, silks,
&c., the planting of which will not injure other Plantations, which
may very well happen if there were a very great increase of sugar
works or more tobacco, ginger, cotton, and indigo made than the
world will vent. The proposals sent are but heads, yet will willingly
give a more formal and large assurance when the same is desired.
Have written to Lord Willoughby to countenance their proceedings.
The business is the King and nation's service more than their own.
1 p. [Col. Entry Bk., No. 20, pp. 8, 9.]
548. Petition of Samuel Mavericke [to the King]. Has long lived
in his Majesty's great and hopeful colony in New England, and with
many thousand loyal subjects there, has for about 30 years been
debarred all liberty, civil and ecclesiastical, by some of their country-
men, who always seemed disloyal. Has for near three years been
a constant solicitor for relief from his Majesty, but cannot perceive
anything done effectually towards it, and therefore prays that some
persons may be speedily sent over to regulate all things there now out
of order, being assured that if relief appear not they will either rise
in arms one part against the other or remove to the Dutch or other
places. With reference to the Committee of Foreign Plantations.
H PP- [Dom: Entry Bk., Chas. II., Vol. XIII., p. 356.]
549. Duke of Albemarle to Lord Willoughby. Presumes he is
not a stranger to his Majesty's grant of the province of Carolina,
which the Lords Proprietors have undertaken, to serve his Majesty
and his people, and not for their own private interest. There are
some persons in Barbadoes who have set forth their desires of begin-
ning a settlement in those parts, which the Duke conceives will be
rather advantageous to Willoughby 's Government, for it will divert
them from planting commodities with which his plantation abounds
and put them upon such as the land of Barbados will not produce,
and which the King has not yet in his territories, as wine, oil,
raisins, currants, rice, silk, &c.. as well as corn, meal, flour, beef, and
pork, which will in a short time abound in that country. Both the
Duke and the Lord Chancellor desire he will encourage this settle-
ment. Has written to his own cousins Modyford and Peter Colleton
to promote the Carolina plantation, i p. [Col. Entry Bk., No. 20,
P. 9-]
158
COLONIAL PAPERS.
1663? 550. Memorial of Sir Ellis Leighton to the Duke of York. To
move his Majesty to write to the Governors of Jamaica and Bar-
badoes, that the agents of Signer Grille may reside there, with the
same liberty as the King's subjects, during the time their abode
there shall be necessary in order to the carrying on the contract
between^ said Grille and the Royal Company. Indorsed, S r Ellis
Leighton brought this mem 1 from the Duke that a If e may be drawn
up to the effect written: the gent, goes away to-morrow. [Col.
Papers, Vol. XVIL,No. 76.]
Aug. ? 551. Petition of Rich. Miller to Sir "Wm. Wylde, to subscribe
his petition for transportation to Jamaica. Was convicted of stealing
a watch which he won at play ; has near relations desirous of his
company in Jamaica, and is willing to put himself in any condition
or country where there is hope to be advanced by industry, see ante,
No. 523. [Dom., Chas. IL, Vol. LXXVIIL, No. 36, Gal, p. 229.]
1663. 552. Minute of the Council of Jamaica. Ordered that every
Sept. 1. person in the several quarters be assessed one Ib. of sugar for repair-
Point Cagua. ing the bridge at Passage Fort. [Col. Entry Bk., No. 37, p. 22.]
Sept. 2-12. 553. Protest of John Valckenburgh, Director-General of the north
Castle of coast of Africa and the island of St. Thome, on behalf of the States
St < jjr rge de General and their authorised West India Company, against John
Stoaks, Commander-in-Chief of all the English forces upon the
coast of Africa, for this present expedition. That Capt. Stoaks has
disturbed their Company in their lawful possessions, and has a clear
intention to expel the Dutch by subtlety or force if possible, by
erecting a warehouse at Anchiang upon the Stranel, under the juris-
diction of the county of Fantyn, pretending that the English have
heretofore possessed a factory there. No person with a knowledge
of the coast of Africa can be ignorant that the Portuguese, as the
first discoverers, have maintained against all, the Gold Coast of
Guinea ; and the Dutch Company, who have obtained such conquests
at the expense of much treasure and blood, ought to be left undis-
turbed, particularly by friends, especially about Anchiang, in regard
the whole strand of Fantyn, with the traffic therein, was made over
in March 1629 to the States General and the Dutch West India
Company. " We do kindly and neighbourly pray and entreat you
to desist and forbear from further building of the said factory,"
which being an unheard of novelty we cannot connive at or tolerate,
but must hinder and prevent ; and also that the English no longer
continue to debauch the people of the Dutch Company out of their
service, or shelter any longer, declared rebels to their Company.
Huybert Van Gazeldoncq, chief factor at the Fort Nassau Tot
Moree, is commanded with two witnesses to go on board his
Majesty's ship Marmaduke, and intimate to Admiral John Stoaks
the contents of this protest, and deliver it duly attested and signed.
With certificate that the insinuation and delivery " of the aforegoing
act of protest was performed " as it ought to be, the 3-13 Sept. 1663.
Indorsed, The 2 nd protest of y e Dutch. 7 pp. [Col. Papers,
Vol. XVII., No. 77.]
AMERICA AND WEST INDIES.
159
1C63.
Sept. 5.
Bath.
Sept. ?
Cocpkit.
Sept. ?
Cockpit.
554. Warrant to the Duke of York. Forthwith to deliver to the
Royal African Company his Majesty ships Welcome, Sophia, and
Rosebush, or such of them as the Company shall desire, with rigging,
tackle, and furniture, making first an inventory of what is delivered,
and of the state of the ships ; the Company to enter into articles
with the Commissioners of the Navy for delivering the same back in
the same condition (dangers of the sea only excepted) within 18
months. 1 pp. [Dom. Entry Bk., Chas. II., Vol. XV., pp. 189,
190.]
555. Commission to Sir Wm. Berkeley to constitute a Governor
for Albemarle river. Full power is given by the Lords Proprietors
of Carolina to Sir Wm. Berkeley, Governor of Virginia, to appoint a
Governor of all that part of Carolina on the N.E. or starboard side of
the river Chowan, now named Albemarle river ; also the same or
some other person, Governor of the S.W. or larboard side ; and six
fitting persons to be a Council to each. Said Governors to have full
power to appoint all officers (the secretary and surveyor only ex-
cepted), and, with the consent of the major part of the freemen, to
make laws according to such proposals and instructions as the
Lords Proprietors send herewith. 1^ pp. [Col. Entry Bk., No. XX.,
pp. 3-5.]
556. Instructions from the Lords Proprietors of Carolina to Sir
William Berkeley in relation to the settling and planting some part
of the province of Carolina. 1. In regard that all men will desire
to settle upon the river, each planter is to have 1 chain (66 feet) in
breadth and 100 chains from the river up into the country, and the
remainder of his proportion not less than 200 chains from the river,
that there may be room for a second row of planters ; by means
whereof there will be 200 men within each mile and a quarter
square, which is conceived to be better than in towns. Ten acres
will be as much as one man can well plant and keep clean in that
growing country, the remainder to be laid out where the Governor
and Council think most convenient. 2. 20,000 acres to be set out
for the Proprietors in several places, part where a town is like to
be built, and other parts some miles up the river or up the country,
where the land is good, and, especially, best for vineyards, which it is
conceived will be most profitable, "an acre in the Canaries pro-
ducing 60Z. per annum." 3. The people may have three, four, or
five years given them before payment of the quit rent of \d. per
acre. 4. Those who have purchased land of the Indians and have
cleared more than their proportion to be compounded with. 5. The
Governor and Council to give warrants for the proportion of land to
the surveyor, who shall certify to the secretary the quantity laid
out ; this certificate to be recorded in a book kept for the purpose,
and then the Governor and Council to make a grant (under a seal
the Proprietors will send) to the party and his heirs for ever ; the
quit rent of \d. per acre to commence within five years from the
Feast of All Saints next. 6. If he cannot find some other way to
support the Governor, that then he have the sole trade in furs for
160 COLONIAL PAPERS.
1663.
three years, and that some fees be established for maintenance of the
secretary and surveyor. 1 pp. [Col. Entry Bk., No. XX., pp. 5, 6.]
Sept. 8. 557. The Lords Proprietors of Carolina to Sir Wm. Berkeley.
Cock Pit. Since he left they have procured his Majesty's charter for Carolina,
and send him a copy. After the sealing of it there started a title
under a Patent granted in the 5th Charles I. to Sir Robt. Heath,
under which there has been a claim by the Duke of Norfolk's agents
and another by Sir Richard Greenefield's heirs, but that Patent
has been made null by the King and Council [see ante, No. 525,]
and is ordered to be made so by the King's authority in the courts
of law. Are informed that there are some people settled on the
river Chowan, and therefore have by Capt. Whittey sent him a
power to constitute one or two Governors and other officers, having
only reserved the nomination of the surveyor and secretary, as
officers fit to take care of his and their interests. The surveyor, M.
Lepreyrie, is recommended by Sir George Carteret ; and the secre-
tary, Richd. Cobthrop, by Lord Jno. Berkeley, and will sail within a
month. Send proposals to all who will plant, in which " our con-
descensions are as low as it is possible for us to descend." This was
not intended for his meridian, where the Lords Proprietors hope to
find more facile people, who by his interest may settle upon better
terms for the Lords Proprietors, which they leave to his management,
but recommend him to grant as much as is possible rather than
deter any from planting there. Refer to their instructions and pro-
posals as to the proportions of land, but understand that the people
there have bought great tracts from the Indians, wherefore for the
reasons given, the Lords Proprietors desire that he persuade or
compel those persons to be satisfied with such proportions as are
allotted to others, for more will but scatter the people, and render
them easily liable to be destroyed by enemies. Desire him to keep
this letter and their instructions and proposals private. The reason
of their giving him power to settle two Governors is, because those
who are for liberty of conscience may desire a Governor whom those
of the other side of the river may not like, the design being to en-
courage all sorts of persons to plant. Have granted to Sir Jno.
Colleton Carlisle Island, near Roanoke and Chowan river, he will
leave it to Berkeley to take a part with him if he please. Though
the Lords Chancellor, Berkeley, and Ashley's hands be not to the
papers, yet they consent to what is done. The entrance to Cho-
wan river is difficult, and but for small vessels ; understand there
is an entrance bold and deep in lat. 34, near the rivers Newse
and Pamplycoe. Desire him to procure at freight some small vessel
to make discovery of a sound through which " big great ships " may
come to Chowan and the other brave rivers; and to look into
Charles river, a little to the south of Cape Fear, and give account
of what is there, to the charge of which each Lord Proprietor will
pay his share. This work is held necessary to be done that the
King may see they sleep not with his grant, but are promoting his
service and his subjects' profit. By Captain Whittey 's relation he
may easily pass from his government to Chowan ; earnestly intreat
AMERICA AND WEST INDIES. 16 L
1663.
him to make a journey thither. 2 pp. [Col. Entry Bk., fio. 20,
pp. 6, 8.]
Sept. 8. 558. Minutes of a meeting of the Lords Proprietors of Carolina.
Present, Duke of Albemarle, Lord Craven, Sir George Carteret, and
Sir Jno. Colleton. The island heretofore called Carlisle, now
Colleton Island, near the mouth of Chowan, now Albemarle river,
containing 5 or 6 miles by 2 or 3 miles, granted to Sir Jno. Colleton
and his heirs for ever, on paying yearly for all plantable land one
halfpenny per acre, if all others in Carolina pay as much. | p.
[Col Entry Bk., No. 20, p. 14.]
Sept. 9. 559. [The Lords Proprietors of Carolina] to [Coll. Tho. Mody-
ford and Peter Colleton]. Have sent two letters with copy of
charter and proposals touching the settlement of Carolina, desiring
to persuade such persons of their island as have inclinations to
plant in those parts, and cannot recede from the method therein
proposed. Have since received theirs of 12th August, with proposals
of several gentlemen of Barbadoes ; to which an answer is now sent.
If other ways of framing the Government will please them better,
without lessening the powers and the rent they have reserved, they
may close with them, and if gratifying some of the chief with 100
to 300 acres of land extraordinary will forward the work, it shall be
given to them. If the undertakers be concluded with, Coll. Modyford
and Colleton may make choice of a surveyor and secretary ; whom the
Lords Proprietors intend shall be subject to the Government, and
upon just complaint be removed. Desire them to give notice who
will be fittest for the Government and Council. If it be thought
fit, the first Governor may be continued five years, and the people
to find some way for his maintenance. Have a settlement begun
on the Chowan river, and have proposed for the Governor's support
the fur trade. Wish the place (of settlement) may be near Port
Royal. If any argument be made concerning the charge of discovery,
it will be answered what the Proprietors have done from Virginia.
Hope by their next to send the King's letter to the Governors for
the promotion of this settlement. Conceive the planting of Carolina
will be of great advantage to the King and people, particularly the
planters in Barbadoes and Caribbee Islands, in regard it will divert
further raising of sugar, ginger, cotton, indigo, and tobacco, of which
enough is already made to supply all markets, and more will
impoverish the planters, by lowering the prices ; in regard Carolina
will produce wines, silk, rasins, currants, figs, olives, oil, capers, and
tobacco, as good as that of Virrques, sic. ? Virginia, all which are
easier produced than sugar, and not yet planted in the King's
dominions. 1 pp. [Col. Entry Bk., No. 20, pp. 13, 14.]
Sept. 9. 560. Answer of the Lords Proprietors of Carolina to certain
Proposals of several gentlemen of Barbadoes [see ante, No. 528].
Are well pleased to find so many public spirits in Barbadoes con-
cerned in the intended discovery, although orders had been before
given for a vessel to be sent from Virginia, to discover from Cape
Hatteras to Cape Florida, fit places for his Majesty's subjects to
M 605. 1'
162 COLONIAL PAPERS.
1663.
settle in. As to their desires ; a copy of the Charter has been sent
to Barbadoes by Thos. Colleton, and if an exemplification under the
broad seal be desired, it shall also be sent. Coll. Tho. Modyford
and Peter Colleton have taken with them a declaration and pro-
posals in which is set forth the method of government, settlement,
and granting of land ; which the Lords Proprietors hold to be better
for the people in general than the corporation way proposed, but
if it be desired that more than six be of Council, then may the
undertakers propose double the number, and the Proprietors shall
choose the moiety. The Governor and Council shall be empowered
to grant lands, as set forth in the proposals, for which they may
contract with the Indians, and make choice of all officers, civil and
military, the secretary and surveyor only excepted. The Lords
Proprietors will endeavour to procure his Majesty's letters to the
Governors of Barbadoes, Caribbee Islands, Virginia, New England,
and Bermudas, not to hinder free and unengaged persons from
going to Carolina ; and have given directions to Coll. Modyford and
Peter Colleton, to treat with them concerning the premises, not
receding from the substance of their declaration. 1 pp. [Col.
Entry Bh, No. 20, pp. 12, 13.]
Sept. 10. 561. Lord Willoughby to the King. Arrived in Barbadoes on
Barbadoes. Aug. 10th, and laid his Majesty's commands before the Assembly
in being, to avoid the delay of calling together a new one, which
might be done if the present Assembly should not answer his
Majesty's expectations. They have agreed to levy a custom of
4 per cent, on all commodities grown in the island, and hope it
may be hereafter advanced, if his Majesty would grant them some
privileges which the Act of Navigation doth debar them of. Hopes
the relief will be given to them and the other plantations. Will
visit these with what speed he can, and send his Majesty a further
account ; and then visit Guiana and execute his commands there,
returning thence to Barbadoes. Prays, therefore, that a small
frigate may be placed at his order, as ships are very scarce and
cannot be hired but at excessive rates ; besides in case the Spaniards
should trade with the island it would be a great encouragement
to them to see a man-of-war riding in the road for their protection.
Indorsed, Answered 11 Jan. 2 pp. [Col. Papers, Vol. XVII.,
No. 78.]
Sept. 10. 562. Seventeen Acts passed at a Grand Assembly held at James
Virginia. City, Virginia, by prorogation from 2 Dec. 1662 to 10 Sept.
1663, but the titles only are given of those Acts against which is
written in the margin repealed, expired, obsolete, useless. Printed
in Col. Entry Bks., Nos. 89, 90, 91, see ante, No. 262. N.B.In
the printed editions of 1733 and 1752 of the Acts of Assembly
is to be fownd the title of an Act repealing the Act of Amercia-
ments, which is not included in the above seventeen Acts. [Col.
Entry Bk, No. 88, pp. 53-56.]
Sept. 12. 563. An Act for settling an impost on the commodities of this
island's [Barbadoes] growth. With memorandum that the Order
of Council confirming and ratifying this Act [dated 21 April 1665]
AMERICA AND WEST INDIES.
163
1663.
Sept. 15.
St. Mary's'
Maryland.
Sept. 23.
Barbadoes.!
is entered at p. 122. One proviso of this Act was however disallowed
and made void in said Order of Council. 4 pp. Three copies.
[Col. Entry Bk., No. 5, pp. 47-50 ; also No. 92, pp. 1-9 and pp.
323-330.]
564. The titles of twenty-nine Acts made at the General
Assembly begun at St. Mary's 16th September 1663 in the 32nd
year of the dominion of the Ht. Honble. Coecilius, absolute Lord
Proprietor of the Provinces of Maryland and Avalon, Lord Baron
of Baltimore, &c. ; and there continued till Saturday the 3rd of
October following, and thence adjourned till the 2nd Tuesday in
September (13th) 1664, viz. : 1. An Act for the quieting possessions
of lands and establishing the manner of conveyances of lands for
the future. 2. Concerning English servants that run away in
company of negroes or other slaves. 3. Imposing a penalty on all
such who shall dispose of tobacco seized and received by the sheriff
or others. 4. For a prison at St. Mary's. 5. Prohibiting arrests
upon the Sabbath day, and days of general musters and training.
6. Erecting a Pillory, Stocks, and Ducking Stool, in every county
of this province. 7. For the continuance of an Act intituled an Act
of Gratitude for the Lieutenant-General's allowance. 8. Providing
irons in each county for burning malefactors. 9. For repeal of the
second branch of the Act made at St. John's, 4th March 1657, by
Thomas Greene, Esqre., Governor, intituled an Act Touching Pay-
ment of Debts. 10. Enjoining Sheriffs to take bail. 11. For
amerciaments in the Provincial and County Courts. 12. To give
Smiths execution for their debts. 13. For the preservation of
Orphans' Estates. 14. Against exportation of Wool and Old Iron.
15. For the repeal of a clause in an Act made the 23rd day of
October 1640, by Leonard Calvert, Esqre., Lieutenant-General of
this province, intituled an Act for servants' clothes. 16. A general
Act for administration of Justice. 17. For levying the Surveyor-
General's fees. 18. For the rule of arrests and summons for
witnesses by all sheriffs, and a rule for entering actions and filing
actions and petitions. 19. For proceedings at law. 20. For
appointing a public notary. 21. For seating of lands in Baltimore
county. 22. Prohibiting trading and gaming with servants. 23. For
the repeal of an Act made anno 1661, intituled An Act concerning
killing wild cattle. 24. For land five years in possession. 25.
Providing what shall be good evidence upon Bills, Bonds, and
Specialties, coming out of England and other parts. 26. For the
explanation of that clause in an Act made t>y Capt, Wm. Stone,
21st April 1649, ^touching hogs and marking of cattle. 27. Con-
cerning proceedings at law, and 28. Payment of debts due by
bill (2). 29. For the burgesses' expenses and other public debts.
32 pp. [Col. Entry Bk., No. 53, pp. 61-92.]
565. Francis Lord, Willoughby, Governor of Barbadoes, to M. de
Laubiere, Governor of Martinico. Has received his wherein he takes
notice of some late transactings by some people of this island to
possess themselves of St. Lucia. Barbadoes, finding itself overbur-
dened with people, had proceeded before Lord Willoughby's coming
L 2
164
COLONIAL PAPERS.
1663.
Oct. 15.
Jamaica.
Oct. 15.
Jamaica.
to enter into treaty with the Indians for their compliance therein :
and finds them very much resolved to pursue the settling of that
island, in regard it lies so convenient for supply of the settlements
on this island. Hopes it shall not be taken for any breach of the
friendship which has ever been between the Governors of these
islands if Lord Willoughby grants liberty to the people of this island
to settle upon St. Lucia. 1 J pp. [Col. Papers, Vol. XVII., No. 79.]
566. Sir Chas. Lyttelton, Deputy Governor, to Sec. Sir Henry
Bennet. Has received the King's commands of the 29th April to
cease from making further attempts on the Spaniards, and hopes
soon to establish trade with them, especially in negroes, which
they can fetch from nowhere else so easily. From letters lately
received from Mr. Coventry, finds that the war with privateers was
not intended to be taken off by the King's instructions, so has
not thought it his duty to call them in. The work at the fort,
which is three parts finished, now at a stand, and will need 2,000?.
more to finish ; unless his Majesty will allow at least 100 men in
pay for a garrison, it would be better to leave it as it is open
to the land, for there would be more mischief feared from them-
selves than from the enemy. In time of danger it cannot be
defended with less than 300 men, and such a number is scarce
possible to be had upon a sudden alarm as is to be expected. The
nearest settlement is 20 miles distant, and it would be a hard
matter to persuade a militia to march so far from their own private
concerns: the negroes can be nowhere else so conveniently kept,
but to keep them in great numbers would be very unsafe without
a guard. The island in a much more prosperous condition than
it was some months since, especially as to its plenty of provisions,
which are cheaper by one-half than when they first landed about
14 months since. Hog, which is the planters' food, has fallen from
7d. to 2d. per lb., and tame cattle, sheep, and horses have mightily
increased of laUe. Wishes he could say the planters had also
increased, for since Lord Windsor's arrival not more than 200 have
come, and the year has been very sickly, and carried away great
numbers. The discouragements given at the Windward Isles have
been very great, and unless his Majesty take some very particular
course therein, he must not expect this island well settled, without
some accidental advantage, as the negro trade, draw them down. Does
not desire to continue here, being much more desirous to return to
wait on his Majesty's person, and to resign his affairs here into an
abler hand, which he every day expects to do. 3 pp. [Col. Papers,
Vol. XVII., No. 80.]
567. Copy of the preceding letter. Indorsed, Copy of that by
Mr. Warren. 3 pp. [Col. Papers, Vol. XVII., No. 81.]
Oct. | N.S. 568. Copy of the agreement of sale by Jacques Berruyer and
Julien Desloires to Charles de la Forge of the islands of Martinique,
Grenada, Grenadines, and St. Allouzie [? St. Lucia] for 41,500
livres, dated April 1, 1651. Indorsed by Williamson, " Sale of
the West Indy Company of their pretensions to Martinique, Grenada,
Grenadines, &c." 5 pp. [Col. Papers, Vol. XVII., No. 82.]
AMERICA AND WEST INDIES.
165
1663.
[Oct. 19.]
Barbadoes.
569. Warrant to the Provost-Marshal of Barbadoes. To take
Humphrey Walrond into custody until he give the Council an
account upon oath of the sums of money received by him as Presi-
dent of the island for permitting certain Spaniards to trade with
the island in Sept. and Oct. 1662 and May 1663, and until he pay
such moneys as are due thereon to his Majesty. Certified copy by
Edward Bowden, Deputy Secretary. Indorsed, Received 19 Oct.
1663. Read in Council May 9, 1664. 2 pp. [Col. Papers, Vol.
XVIL, No. 83.]
[Oct. 19.] 570. Another copy of the preceding.
XVIL, No. 84.]
1 p. [Col. Papers, Vol.
Oct. 23.
Jamaica.
Oct. 23.
Jamaica.
Oct. 23.
Point Cagua.
571. Sir Chas. Lyttelton to Sec. Bennet. On the 19th inst.
there were brought into port two Spanish prizes, by a captain of a
small vessel, who in fight with the first so disabled his own ship
that he was forced to quit her and enter the prize, and when plying
on the coast of Hispaniola fell in with the second, which, finding
that he earned an English flag on a Spanish vessel, bid " him amaine
for the King of Spain," but after four hours' fight, being cruelly torn
and damnified, at length submitted. This ship is the Maria of
Seville, of 300 tons, carrying 1,000 quintals of quicksilver for the
King of Spain's mines in New Spain, besides wines, olives, and other
goods, which, on account of the loss of the bills of lading, are not
yet known. There are 70 prisoners, amongst them some friars, one
of whom " goes Visitor-General to his order, which is Mercenarians."
The captain, and owner of most of the cargo, Don Michell de Valen-
cia, is a person of quality, and treated with all civility, and he and a
merchant, Joseph de Castro, will at their own request be shortly
sent to Campeachy. The letters, which seem much to aim at
attempts upon Jamaica, say that they cannot despatch a fleet from
Spain before June. The first prize was worth very little, and the
goods are like to be sold for a quarter at most of their value, by
reason of the want of money. Has presumed by Mr. Rumball to
present him with a small trifle of Guinea trade. The bearer,
Mr. Warren, is a very understanding man, and well able to inform
him concerning much of the place. 3 pp. [Col. Papers, Vol. XVII.,
No. 85.]
572. Copy of the preceding letter, without the postscript. 3 pp.
[Col. Papers, Vol. XVIL, No. 86,]
573. Minutes of the Council of Jamaica. Ordered that if any
negroes shall raise a mutiny, any two justices of the peace may
order their masters to sell or send them off the island. That the
credit and rates of tobacco may be regained, ordered that two jus-
tices of the peace in each precinct swear in persons to roll and make
tobacco, which no others shall presume to do. That Lt.-Col. Lynch
cause an Assembly of 30 freeholders to be fairly chosen in the several
quarters of the island before Dec. 20 next. That the Act for chaining
boats to the shore, for the avoiding of persons running away, be
published.
Four proclamations of the Deputy Governor in accordance with
166
COLONIAL PAPERS.
1663.
Oct. 27.
Oct. 28.
Barbadoes.
Oct. 29.
Whitehall.
Nov. 1.
Surinam.
the above Minutes of Council. 4 pp. [Col. Entry Bks., No. 37,
pp. 22, 23, and No. 34, pp. 85-88, 90.]
574. Capt. Thos. Teddeman to the Navy Commissioners. Green-
away has arrived from the Barbadoes, and says there are two Bar-
badoes' ships in Dover road, who came in company with him. [Dom.,
Chas. II., Vol. LXXXIL, No. 65, Gal, p. 316.]
575. Warrant from Lord Willoughby to the Provost-Marshal of
Barbadoes. To enter any house in which he supposes Humphrey
Walrond to be secreted ; and in case of resistance to raise force and
command all officers, soldiers, constables, and other persons what-
soever to aid and assist him ; and having entered such house to arrest
Humphrey "Walrond (if there found) and keep him in custody until
he pay such moneys as shall prove to be due from him to the King.
Indorsed, The second warrant. 1 p. [Col. Papers, Vol. XVII.
No. 87.]
576. The King to (Francis) Lord Willoughby. Whereas his
Majesty has made a grant of the province of Carolina to Edward Earl
of Clarendon, George Duke of Albemarle, John Lord Berkeley, Anthony
Lord Ashley, and others, to be by them and their assigns settled and
planted ; and whereas his Majesty is informed that divers persons
under his command desire to go thither, which will be rather ad-
vantageous to the settled plantations, by lessening the excessive
increase of commodities, which has abased the prices, so that the
planters and traders cannot subsist, it is his Majesty's pleasure that
he hinder not any free and disengaged persons under his government
from going to Carolina, and that he give order to all Governors and
Deputy Governors under his command to observe the same. With
mem. that the same letter was sent to the Governor of the Bermudas
excepting the last clause of giving order to all Governors, &c. 2 pp.
[Dom. Entry BL, Chas. II., Vol. XIV., pp. 16, 16d.]
577. Renatus Enys to Sec. Sir Henry Bennet. After a prospe-
rous voyage of nine weeks they arrived in safety, 27th August.
Found the inhabitants generous and obliging ; the country healthy
and fruitful ; the air moderately hot ; the natives not numerous, and
at peace with the English. These parts exceedingly abound with
strange rarities, both of beasts, fish, reptiles, insects, and vegetables,
the which for shape and colour are wonderful. The colony in good
order, being nobly upheld by the power and prudence of those at
the helm, who though hitherto not commissioned by his Majesty,
suddenly expect the arrival of Lord Willoughby, and then to be
" bottomed " on Royal authority, the want of which has given en-
couragement to incendiaries, who have been seasonably suppressed
and proscribed the countiy. The chief of these have given a liberty
to their tongues, pens, and press to sully this colony with variety of
lies ; but time and truth will wipe off those calumnies. About 4,000
inhabitants. The country begins to be populous, partly with supplies
which arrive weekly (within the last two months nine ships have
been consigned here), and partly with a succeeding generation, for
the women are very prolifical and have lusty children. Were the
AMERICA AND WEST INDIES. 167
1663.
English nation really informed of the goodness of this country there
would quickly be thousands of settlers. The chiefest commodity is
sugar, and better cannot be made. Some are for breeding of cattle,
and there are store of excellent fish. Were the planters supplied
with negroes, the strength and sinews of this western world, they
would advance their fortunes and his Majesty's customs. The sworn
enemies of the colony are the Dons of Barbadoes, whose interest is
to keep the planters in that island to balance the power of their
negroes ; therefore they use their utmost means to disparage the
country, but their hyprocrisies are discovered, and several families
are transporting thither. It is reported that some of the Royal
Company, who are eminent Barbadians, endeavour the diversion of
all supplies of negroes from this place, which will prove a detriment
to his Majesty, there being no colony more hopeful than this, especially
for any design against the Spaniard. The only time for settlers to
arrive is in April, May and June, and the only things to bring are
negroes, provisions, and tools. The greatest infelicity of this colony
is that his Majesty is not rightly informed of the goodness thereof,
that his subjects here may participate in his Royal favours as other
colonies. 3 pp. [Col. Papers, Vol. XVII., No. 88.]
Nov. 4. 578. Lord Willoughby to the King. As the produce of the
Barbadoes. island has been eaten up by strange and unusual caterpillars and
worms this year, which like the locusts of Egypt have come upon
the land, so that the poorer sort of people, who are very numerous,
have been very hard put to it, and must have perished if they had not
been supplied with victuals from New England, Lord Willoughby
hopes they may be relieved from the restrictions laid upon them by
the Act of Navigation, otherwise the colonies will all be ruined.
Some thousands have gone from Barbadoes and the other Leeward
Islands to the neighbouring French and Dutch colonies, where there
is allowed complete freedom of trade and liberty for all nations to come
and inhabit, which cause those colonies to grow populous and rich.
By enclosed letter received from the French Governor of Martinique
[see ante, No. 581] his Majesty can see how forward the Monsieur is
and how he takes upon him. If not curbed in time he will grow
troublesome ; but if the King pleases, Lord Willoughby will quickly
take order with my Monsieur and cool his courage by means of the
Indians in that island, who have been oppressed by the French, and
have invited Lord Willoughby to settle Sta. Lucia, which borders
close upon them. Intends going there with men to settle it before
Christmas. Prays the King not to make any grants interfering
with his, and that if the island of St. Vincent has been granted to
some Scotch his Majesty would retract it, lest it be the cause of
troubles with the Indians, who are a jealous people, and with whom
a league of friendship has been recently made, hoping thereby to gain
them against the French. As Barbadoes decays fast, the people
must be placed somewhere ; they will not go to Jamaica as it is
unhealthy and the land not good for planting ; indeed it is only
good as a garrison place for men-of-war, and as a curb upon the
Spaniards, for hitherto it has but robbed the other colonies of people.
168
COLONIAL PAPERS.
Nov. 4.
Barbadoes.
1663.
The French are the only people who can compete with the English
there, for they are an encroaching nation; but will warrant -they
shall not grow great if the King will let him alone. Prays before
a grant is made by his Majesty it may be referred to him, that
he may send information about its value. Also that the King
would grace Barbadoes, the metropolis of his islands, with the allow-
ance of his Majesty's colours for a regiment of foot, to be called his
Majesty's regiment, which he would undertake to make a double
regiment of 2,000 or 2,400 men. Ten long-range cannon are wanted
for the bay, which is too wide for the present guns to command, but
these would do very well for any of the other Leeward Islands.
Indorsed by Williamson, " Rec. Jan. 9. Answd. 11 Jan." 3 pp.
[Col. Papers, Vol. XVII., No. 89.]
579. Proclamation by Lord Willoughby. Col. Humphrey Wal-
rond rides from place to place with his servants armed, inciting
people to mutiny and rebellion, hoping thereby to evade rendering
an account of money by him due to the King. All officers and loyal
subjects are therefore required to arrest him, that such order may be
taken with him as is agreeable to law and justice, and they are for-
bidden to entertain or hide him on pain of being considered accessory
to his seditious and rebellious intentions. Indorsed, "The third
warrant." 1 p. [Col. Papers, Vol. XVII., No. 90.]
Nov. 6. 580. Minutes of the Council of Jamaica. Ordered that writs be
Point Cagua. drawn up by the King's attorney for the election of 20 persons by
the precincts, eleven to be an authentic assembly. That contracts
made in money for liquors be paid in money, notwithstanding any
Act to the contrary. That Major Coape and Captains Fuller and
Pugh, consider and report speedily on such articles as may best tend
to the reducing of the wild negroes to obedience.
Proclamation of the Deputy Governor in accordance with the
above Order of Council concerning liquors. Published 8th Nov.
1 2 PP- [Col Entry Bks., No. 37, p. 23, and No. 34, p. 89.]
Nov.
Nov. 19.
Barbadoes.
581. M. De Clermont Diel, Governor of Martinico, to Francis
Lord Willoughby, Governor of Barbadoes. Has been informed by
the officers of Martinico, since his arrival, of the design Lord Wil-
loughby's people have upon St. Alouziel [St. Lucia] according to the
notice given to M. de Laubiere. Sends an officer to inform him
precisely of the right of the French to possess it, and believes that
Lord Willoughby when fully informed, will not permit his people to
make a descent on lands belonging to the Crown of France ; but if
otherwise, will be obliged to repel them and inform the King his
master of it. Indorsed, "A letter from M. de Clermont Diel, Gover-
nor of Martinique." French, 2 pp. [Col. Papers, Vol. XVII.,
No. 91.]
582. Francis Lord Willoughby, Governor of Barbadoes, to M. de
Clermont Diel, Governor of Martinico. Has received an account of
the title by which he makes claim to Sta. Lucia. In return has sent
a brief abstract of the Letters Patent, granted by the King his
AMERICA AND WEST INDIES. 169
1663.
master's father ; and doubts not that he will receive abundant satis-
faction whereto the right belongs, and will not find any just grounds
to repulse any authorised by Lord Willoughby to settle upon Sta.
Lucia, lest such actings may occasion a further breach, which is no
way desired. Indorsed, " A copy of my letter to idounsier Clearmon
Governor of Martinico." 1 p. [Col. Papers, Vol. XVII., No. 92.]
Nov. ? 583. Petition of the Company of Royal Adventurers of England
trading in to Africa to the King. That petitioners in order to induce
the Spaniards to trade with the West Indies, had sent a ship with
160 negroes to the Spanish main, and that Lord Willoughby by the
mistaken advice of his Council had exacted 320L on these negroes
from the Company's factors in Barbadoes. Pray his Majesty to com-
mand Lord Willoughby to make immediate restitution of the 320Z.,
and not to presume to take payment on any negroes shipped for the
Company's account from the islands under his government, but only
on such as shall be actually sold there to foreigners to be transported
out of your Majesty's obedience. Pray further that Lord Willoughby
may be commanded to grant them just favour and indifferent expe-
dition in the recovery of debts and all other legal proceedings.
Signed by Sir Richard Ford, Deputy Governor, by order. 2 pp. [Col.
Papers, Vol. XVIL, No. 93.]
Nov. 19. 584. Sir Richd. Ford, Wm. Rider, George Cock, Martin Noel,
and John Buckworth, of the Guinea Company, to Williamson.
Request the King's signature to a letter to Lord Willoughby upon
the subject of the Company's late petition to his Majesty. [ Dom.,
Chas. II., Vol. LXXXIV., No. 14, Cal, p. 344.]
Nov. 20. 585. The King to Lord Willoughby, of Parham Governor of
Barbadoes. To make immediate restitution to the Royal African
Company of the sum of 320. levied as a custom upon 160 negroes
which were sent from Barbadoes to be sold for their own account in
the Spanish West Indies. The King conceives Lord Willoughby
has misinterpreted his Majesty's letter of 13th March last, wherein
he was directed to levy 10 pieces of eight for every negro slave the
Spaniards should transport, but the King's intention always was,
and is, that such duty should only be levied on negroes bought
upon the place by Spanisli subjects or others, to be transported into
foreign dominions, and not otherwise. He is especially enjoined to
protect the interests of said Company in all things. 2 pp. [Col.
Entry Bk., Vol. XCIIL, pp. 36, 37.]
Nov. 20. 586. Copy of the preceding letter, li pp. [Col. Papers, Vol.
XVIL, No. 94.]
Nov. 23. 587. Minutes of the Council of Barbadoes. Present : Gov.
Willoughby, Sir Robt. Harley, Colonels John Yeamans, Edmund
Reid, and Thos. Modyford, Henry Willoughby, Thos. Wardall, and
Wm. Kirton. Two Acts to be presented to the Assembly for de-
claring the laws of England in force, so far as they concern the
public welfare ; and for recommending the christening of negro
children and instruction of all adult negroes, to the several ministers
of this place, f p. [Col. Entry Bk., Vol. XL, p. 82.]
170
COLONIAL PAPERS.
1663.
Nov. 26.
Nov. 27.
Nov. 28.
Nov. 30.
Barbadoes.
Nov.
Whitehall.
588. Dr. Wai. Walker to Sec. Bennet. Took time to look up,
transcribe, and examine his papers, which are long ; sends all he
has concerning 1'Acadie ; cannot answer case propounded by Wil-
liamson of a public minister arrested at the suit of one of his
master's officers. [Dom., Chas. II., Vol. LXXXIV., No. 60, Cal,
p. 351.]
589. Petition of the mayors and merchants of Dartmouth,
Totness, Plymouth, and Barnstaple, trading to Newfoundland, to the
King and Council. Pray that the rule may be enforced prohibiting
the carrying to Newfoundland any other persons than such as pro-
perly belong to the ship's company or owners' employment, or such
as go to inhabit there ; by reason of many violating this clause and
going out as passengers to Newfoundland and taking up the prin-
cipal fishing ports, the trade is so reduced that men can only be
found for a quarter of the ships formerly sent out, whereby both the
trade and his Majesty's service suffer great hurt. Annexing,
Reasons for granting the petition ; the number of ships and of
seamen fit for the King's service will thus greatly increase, handi-
craftsmen be benefited, and the owners of ships will cease to suffer
great loss through keepers of private boats drawing away able
seamen. [Dom., Chas. II., Vol. LXXXIV., No. 71, Cal., p. 353.]
590. License for Mr. Willoughby to transport 100 horses to
Surinam or any of the Leeward Islands. p. [Dom. Entry Bk.,
Chas. II., Vol. XV., p. 253 ; also Dom., Chas. II., Vol. LXXXIV.,
No. 80, Cal, p. 355.]
591. Gov. Fras. Lord Willoughby to the King. Has made further
progress in settling his Majesty's revenue, and being in pursuit of
Col. Walrond, whom Lord Willoughby had appointed President of
the island by his former commission under the Earl of Carlisle's
patent, for having ingrossed several sums of money, did begin to
call him to account. But Walrond hath made his escape and run
off from the island, and intends going to England, having given out
that the King would not sanction such proceeding against him,
but would rather reward him for services done for his late and
present "Majesty. Lord Bartlye [Berkeley], who commanded in the
west where those services are declared to have been done, can
inform his Majesty if these allegations are true. As there is neither
house nor ground belonging to his Majesty in the island, nor any fit
place for the Governor to dwell in ; prays his Majesty to grant him
Walrond's house, which has been paid for with pieces of eight
received on negroes bought by certain Spaniards, the money for
which he was being called to account. This will save the charge
of buying a house, and do a good piece of justice, whereby those who
are knaves and abuse his Majesty shall receive their just deserts,
and those who are faithful be encouraged to continue in doing their
duty. Indorsed by Williamson, Answered by Mr. Sec 1 ?. 1st March
1664. 2 pp. [Col. Papers, Vol. XVII., No. 95.]
592. Warrant to the Attorney-General to prepare a grant to
Edmund Waller, junior. Whereas his Majesty has lately granted
AMERICA AND WEST INDIES. 171
1663.
to Francis Lord Willoughby of Parham, the island called St. Lucy,
alias St. Lucre, alias Santa Lucia, one of the Caribbee Islands, 12
hours sail from Barbadoes, and at present uninhabited save only
by Cannibals or Indians, for seven years from Christmas last,
rendering to the King one moiety of the profits thereof ; his
Majesty's pleasure is that the Attorney- General prepare a bill con-
taining a grant to Edmund Waller, junior, of Beaconsfield, Bucks,
of said moiety for said term, and a further grant of said island for
50 years from the end of said term of seven years, rendering to his
Majesty the sum of 3L 6s. 8d. yearly ; with as large powers for the
governing and improving of the island, and for using indulgence in
matters relating to tho worship of God, as in any former precedents
have been allowed. 1 p. [Col. Papers, Vol. XVII., No. 96.]
1663 ? 593. Edward Bond, John Foster, and John Bayles to
Dec. 2. The occasion of these lines is to signify to him a passage of some
Dutchmen in the late voyage of the writers. Having been invited
by the Raritane Indians to purchase their land, they went forth
about 20 from several towns, and purchased a tract to their liking.
But the Governor of Minadoes (Manhattan) sent forth a man-of-
war to take them, but getting the weather gauge of them, the Dutch
returned into the river. Next day the Dutch made after them
again, but running their vessel aground, landed their soldiers and
marched to them. The Dutch called them many base names,
charging them to depart, saying they should not purchase any
land of the Indians, but if they would submit to their Government
the Governor would purchase the land and give it to them. Told
them they would purchase the land, as they were Englishmen ; so
at that time the Dutch departed, but as soon as their vessel was
afloat pursued them again. So considering they were like to be
assaulted again, the Dutch having four guns and full of soldiers, and
not knowing who would bear them out if taken, for the Indians told
their interpreter the Dutch persuaded them to kill the English and
bury them in the sand, but the Indians received them very
courteously, and promised to maintain their purchase, so in the
night they got out of the river as quietly as they could. Now
understanding his expert knowledge in all affairs of this kind, and
tender affection towards his countrymen, they desire his counsel
how to act, esteeming their lives not dear for the defence of his
Majesty's just and real right, if called thereto. 2 pp. [Col. Papers,
Vol. XVII., No. 97.]
1663. 594. Petition of officers and mariners late of H.M.S. Diamond.
Dec. 2. On February 21st, petitioners seized a Flemish ship in Jamaica
harbour, which with her apparel and furniture, negroes, and other
goods and lading amounted to a good value, and was condemned as
prize by General D'Oyley ; pray that they may receive a proportion
thereof. Indorsed with an order recommending the Duke of York
to grant the petition. [Dom., Chas. II., Vol. LXXXV., No. 12,
Col., p. 361.]
Dec. 4. 595. The Privy Council to the Mayor of Dartmouth. Require him
to enforce the King's order of January 26, 1661, prohibiting the trans-
172
COLONIAL PAPERS.
1663.
Dec. 7.
Whitehall.
Dec. 7.
1663?
1663.
Dec. 8.
Whitehall.
Dec. 8.
Whitehall.
1663?
portation to Newfoundland of any but such as are of ship's com-
panies, or are to plant and intend to settle there, see ante, No. 7.
[Dom., Chas. II., Vol. LXXXV., No. 30, Gal. p. 364.]
596. Secretary Sir Henry Bennet, to the Earl of Southampton,
Lord Treasurer. His Majesty having put all things relating to the
despatch for Jamaica into a way, commands him to signify his
Majesty's desire that 3,0001. be presently found according to the
assignations to that service, that the ship being ready, which his
Royal Highness promises shall be in its time, there may be no stay
for money. 1 p. [Col. Papers, Vol. XVII., No. 98.]
597. Minutes of the Council for Foreign Plantations. On com-
plaint of the Farmers of Customs of the great abuses practised by the
planters of and traders to Virginia, New England, Maryland, Long
Island, &c., in carrying great quantities of tobacco to the Dutch
plantations contiguous, the customs of which would amount to
10,000. per annum ; ordered that letters be prepared to the several
Governors of those Plantations with instructions for the reforma-
tion of those abuses. Printed in New York Documents, III., 47.
1 p. [Col. Papers, Vol. XIV., No. 59, pp. 53, 54.]
598. Petition of Col. Godfrey Ashbey, Major John Harrington,
and Capt. Tho. Gladstone to the King. In June last was 12 months
in the 14th year of his Majesty's reign, a Dutch merchant ship came
into Cagway Road> freighted with negroes, which Col. D'Oyley, then
Governor, bought contrary to the Act of Prohibition of Trade with
Foreigners, and when Capt. Whiting of H.M. ship Diamond seized
them for his Majesty's use, D'Oyley made retrival of them and
sold 40 of them to Major John Coape, and the rest to Spaniards.
Pray his Majesty to bestow these 40 negroes upon petitioners, who
have always served his Royal father and himself in the wars and
are now in want. 1 p. [Col. Papers, Vol. XVII., No. 99.]
599. The King to Edward D'Oyley. Whereas there was seizure
made in 1661 by H.M.S. Diamond of a Flemish vessel in the
harbour of Jamaica called the Martin Van Rosen, of Middleburgh,
whereof Leonard Johnson was master, which vessel and her lading
being condemned as lawful prize, one moiety thereof belonged by
virtue of a late Act of Parliament to the officers and mariners of the
Diamond who seized her, his Majesty requires him to give a speedy
satisfaction to them for said moiety. Signed by the King and
countersigned bg Sec. Sennet. 1 p. [Col. Papers, Vol. XVII.,
No. 100.]
600. Copy of preceding letter, wherein the Flemish vessel is
called the St. Peter, Peter Johnson, master. 1 p. [Dom. Entry Bk.,
Chas. II., Vol. X.,pp. 123, 124.]
601. Memorial of Mr. Morgan to Sec. Bennet. That a commis-
sion be provided for the benefit of his Majesty's service and a
propoitionable entertainment. Convenient ship room for train,
baggage, and provisions, with advance of monies for equipage
necessary for so great a voyage. That means be provided for the
AMERICA AND WEST INDIES. 173
1663?
transport of carpenters, masons, and other artificers, without whom no
fortifications can be made, with materials and ammunition of all sorts.
Also a secretary, a minister with his chaplain ; has one fit for that
service, being his son's tutor, and a good linguist. That time be allowed
for business after the receipt of monies before embarkation. That
scope be given in his instructions to do his Majesty the best service
for he has had 40 years' experience, and was commissioned for
Colonel General of South Wales by his Majesty in 1649, which he
hopes will secure him from having others put over his head, though
from respect to his Majesty's service, he submitted to go with Lord
Marlborough. That if he can spare monies, he should like some-
thing more a year, and something to a substitute, to the major, and
all the business can be as well done as with three chief officers.
Knows a Brabanter who has Spanish, French, and some English,
and served eight years as major with Prince Maurice of Nassau in
Brazil, and since as Colonel in Danish and Venetian service, who
understands service in hot climates. That as his Majesty has pro-
mised to speak to the Lord Treasurer about memoralist's pension
and arrears, amounting to QQOL, he will draw up an order for the
same, and also pass by the infirmities of a rude and illiterate pen,
for his mind is right and just. Indorsed,, Mr. Morgan's desires
going Lieut. Governor to Jamaica. Col. Morgan's Commission to
be Deputy Governor of Jamaica is dated 18th January 1064, see
No. 640. 1 pp. [Col lepers, Vol. XVII., No. 101.]
1663. 602. Warrant for Privy Seal of. 3,0001. to be paid to Edw.
Dec. 11. Morgan .... for his Majesty's service for Jamaica. \ p.
[Dora. Entry Bk., Chas. IL, Vol. XV., p. 275.]
Dec. 14. 603. Jo. Scott to Joseph Williamson. The English on the
Hartford, west end of Long Island on the main adjacent, for many years
r Eng an . h av i n g b een enslaved by the Dutch, their cruel and rapacious neigh-
bours, have at last asserted the King's interest to his just rights in
themselves, though to their utter ruin, had not the gentlemen of
Connecticut stept in and demonstrated themselves a people jealous
of his Majesty's concerns then lying at the stake. Knowing this
service may be blasted by wrong measure from the Dutch agent
or his emissaries without some care, he does in behalf of the gentle-
men relieving and persons in distress, beseech Williamson to caveat
any address being fully heard until some person commissioned from
New England be there to confront the Dutch or their complices.
Begs he will communicate this business to Sir George Cartwright,
with inclosed letter from a Committee of said relieved subjects of
his Majesty. His service to [Thos.] Chiffinch. Printed in New
York Documents, HI., 47, 48. 1 p. [Col Papers, Vol. XVII.,
No. 102.]
Dec. 15. 604. Minutes of the Council of Jamaica Ordered that rules
?oint Cagua. ^ e drawn up for the Assembly, by Lt.-Coll. Lynch, Capt. John Man,
and Sec. Povey. That Capt. Man and Sec. Povey sell the lead, iron,
and other stores, for continuing the building of Fort Charles. That
Col. Barry bring in a list of his regiment, of how many Frenchmen
174 COLONIAL PAPERS.
1663.
and their arms. That Mr. Johnson's petition for a debt be examined.
\ p. [Col. Entry Bk., No. 37, p. 23.]
Dec. 16. 605. Minutes of the Council for Foreign Plantations. On con-
sideration of the abuses complained of by the Farmers of the Customs,
touching the selling of tobacco to the Dutch Plantation and thereby
defrauding his Majesty's revenue, ordered that said farmers, who
propose to send officers to the Plantations complained of, for pre-
venting said abuses in future, be desired to draw up a model or form
of what they propose and how they would have the assistance of
the respective Governors. Printed in New York Documents, III.,
48, 49. p. [Col. Papers, Vol. XIV., No. 59, p. 54.]
Dec. 18. 606. John Allen to [the Sec. of the Royal African Co. ?] In Nov.
1662, Francis Selwyn and Thomas Allen went factors for the Royal
Company for Cormantin upon the coast of .Guinea. Some members
of the Company have taken a prejudice against them through a
report that they are private traders. The Committee are now
ordering seven persons at Cormantin monthly to take turns to be
chief, but Thomas Allen, who went with the first, notwithstanding
there is nothing upon record against him, is left out. Begs that
he may have preferment, according to the time of his going over,
having been bred 10 years a merchant beyond sea, and very able
to do business. Indorsed, Octob. (sic) 18, 1663. 1 p. [Col. Papers,
Vol. XVII., No. 103.]
Dec. 18. 607. Pass for Mr. Reid to trans-port 100 horses to Barbadoes.
p. [Dom. Entry Bk., Chas. II., Vol. XV., p. 279.]
Dec. 19. 608. Nath. Cale to Williamson. Imprisoned Wylde for compli-
city in the plot to surprise Bristol, and drew a confession from him.
Wylde was prisoner six months, and is now gone to Virginia. [Dom. ,
II., Vol. LXXXVL, No. 20, Gal, p. 381.]
1663 ? 609. Mem. of Despatches necessary for the St. John Baptist,
Capt. , viz., an order from the King to the Governors of
Jamaica, Barbadoes, and other places, of safe conduct for said ship
with her lading and negroes, and for Giles Lytcott or any other
merchants that shall go upon her; also a similar order to com-
manders of the King's ships, a pass from the Duke of York, and the
Company's orders to their factors for delivery of the negroes. In-
dorsed by Williamson, " Sir Martin Noell." 1 pp. [Col. Papers,
Vol. XVII., No. 104.]
1663? 610. The King's warrant to the Governors of Barbadoes and
Jamaica, and all officers by sea and land, of safe conduct for the
St. Jean Baptist to carry negroes to the Spanish Indies and bring
back money and merchandise from thence to pay for same, the
Royal African Company having agreed to carry down a parcel of
negroes they have sold to Don Domingo Grillo and Don Ambrosio
Lomelin, of Madrid, upon which ship Giles Lytcott goes principal
factor on behalf of said Company. Draft with corrections by Wil-
liamson. 1 pp. [Col. Papers, Vol. XVII., No. 105.]
AMERICA AND WEST INDIES.
175
1663.
Dec. 22.
Whitehall.
Dec. 22 ?
Whitehall.
Dec. 22.
Whitehall.
Dec. 22.
Dec. 24.
Dec. 25.
Dec. 30.
Barbadoes.
1663?
611. The King to Lord Willoughby, Governor of Barbadoes, and
all his Majesty's officers by sea and land. Blank form of pass for a
ship to sail from a port in Spain to Tangiers and Barbadoes, there to
lade negroes delivered by factors of the Royal African Company, and
to sail to any port of the Spanish dominions in America. Signed by
the King and countersigned by Sir H. Bennet. Two copies. I p.
[Col. Papers, Vol. XVII., Nos. 106, 107.]
612. Copy of preceding, unsigned and undated.
Vol. XVII., No. 108.]
613. Entry of the above.
47, 48.]
pp.
[Col. Papers
[Col. Entry Bk, No. 93, pp.
614. Warrant to pay 3,000?. to Edward Morgan, to be employed
for his Majesty's use in Jamaica. [Dom., Chas. II., Docquet.]
615. Warrant to Sir Ralph Fr :eman and Henry Slingsby, Master
and Worker of the Mint. To ise all gold and silver brought to
the Mint for the use of the 7 , al African Company to be coined
with a little elephant thereon, a^ a mark of distinction from the rest
of his Majesty's moneys, and an encouragement to the Company.
And to cause the pound troy of gold hereafter to be cut into 44
pieces and a half, the whole piece to pass for 20s. and the half for
10s., and so in proportion for other coins. 1 p. [Dom. Entry Bk.,
Chas. II., Vol. XV., pp. 281, 282.]
616. An establishment allowed by his Majesty for the island of
Jamaica, beginning tfrom 25 Dec. 1663. For the Governor, 1,0001. ;
Deputy Governor, 600?. ; Major, 400?. ; and for the officers ancl sol-
diers who are to keep a fort for the security of ammunition, 500?,,
in all 2,500?. Signed by the King, Lord Treasurer Southampton,
Duke of Albemarle, and Sec. Lord Arlington. [Col. Entry Bk.,
No.XXVII.,p.S5.]
617. Francis Lord Willoughby to Sec. Sir Henry Bennet. Re-
quests him to lay before the King certain papers concerning his
proceedings with the French Governor of Martinico, for his Majesty's
commands [see ante, Nos. 581, 582]. Has heard that the Duke of
York has granted to Col. Barwicke of Barbadoes his commission as
Vice-Admiral, which he can only conceive to be some mistake, or an
assumption on the part of Col. Barwicke, as the King's commission
created himself Vice-Admiral in those seas, with power to hold
courts of Admiralty. Will desist acting anything in relation there-
unto till he receive advice from Sir H. Bennet ; and has written to
the Duke of York praying for his commission and pardon for his
neglect in not asking for it before, in which and all other matters
he begs the Secretary's assistance. 2 pp. [Col. Papers, Vol. XVII.,
fifo. 3 09.]
618. The Company of Royal Adventurers trading into Africa to
[the King]. Humbly represent that the trade of Africa is so neces-
sary to England that the very being of the Plantations depends
176 COLONIAL PAPERS.
1663.
upon the supply of negro servants for their works. This trade was
at the time of his Majesty's restoration managed by particular
adventurers, who were so far from any possible design of having
forts or asserting the honour of the nation that they were a constant
prey to the Hollanders and were quite tired out of the trade by their
great and frequent losses, of which they brought in clear proofs to
the Court of Admiralty ; so if his Majesty had not established a
company the nation had probably by this time been quite driven
out of it. The Company under the special management of the Duke
of York sent out this last year above 160,000. in cargoes, have
plentifully supplied the coast to the great satisfaction of the natives,
furnished all the Plantations with negro servants, set up new manu-
factures at home and improved the old, vented a great many native
commodities, employed above 40 ships, and doubt not they shall
import very considerable quantities of gold and silver, as they have
already begun. They have built forts and factories in Africa and
repaired others, and have no European rivals but the Hollanders ;
but as to them, experience of the past gives just cause to apprehend
what is intended for the future. For as the annexed extracts of
letters prove, the Dutch have endeavoured to drive the English
Company from the coast, have followed their ships from port to port,
and hindered them coming nigh the shore to trade ; they have
persuaded the negroes to destroy their servants and to take their
forts, have seized their boats and goods, violently taken possession
of Cape Coast, and shot at his Majesty's Royal flag. To complete
the former indignities, one Valckenburgh, Director-General of the
West India Company in Africa, has sent a protest [see ante, No. 467]
to their factors, in which he challenges the whole trade of Guinea as
their propriety, by right of conquest from the Portuguese ; of which
having'sought remedy by means of Sir George Downing [see No. 545]
the Company have received no satisfaction. In a word, notwith-
standing a stock so considerable, and the many good ships of force
and the land forces they have sent, had it not been for the counte-
nance of some of his Majesty's ships, to give the Company a respect
in the eyes of the natives and preserve their forts, the Company had
ere this been stripped of their possessions and interest in Africa ;
Cormantin Castle itself being in extreme danger when the Marma-
duke and Speedwell arrived there. The Dutch have sent a second
protest [see ante, No. 553], in which they say they will force the
English from their ports if they do not quit them. Indorsed, The
Royall Company, losse of whole trade in Affrica. Annexed,
618. I. Extracts of letters from Cormantin and other places in
Africa. Calendared ante, No. 507. Together 5 pp. [Col.
Papers, Vol. XVII. , Nos. 110, 111.]
1663. 619. Acts passed in the island of Barbadoes during the year
1663, in continuation of those of 1662, entered ante, No. 400 :
No. 34. An Act concerning ships and the duty of the master or
merchants upon their arrival, with the appointment of
the impost of powder and tunnage. 1st July 1663.
35. An additional Act to the Act of Highways.
AMERICA AND WEST INDIES. 177
1663.
No. 36. An Act for settling an impost on the commodities of the
growth of this island. 12th Sept. 1663.
N.B. The Act next following, viz., No. 37, is dated 26 July 1667.
[Col Entry BL, No. 15, pp. 52-58.]
1663. 620. Description of Jamaica, surveyed by Sir James Modyford.
Size and situation of the island. Cagway the best navigable river.
Strength of the fort at entrance of harbour. Names of towns and
numbers of houses ; many fallen into decay since the first arrival
of Gen. Venables. Account of the country called Lygonee, with
about 600 inhabitants, where Col. Barrow's regiment is quartered ;
of the settlements of Yealoth and Morant, whither Col. Stoke came
from Nevis with 1,500 planters, but these are much lessened.
Harbours of Ports Moranto and Anthonis, where Lord Carlisle's
servants are. Soil, cattle, fish, and fowls. Sugar works ; the best
make between 20,000 and 30,000 of sugars a week, which sell beyond
the Barbadoes 50 per cent. ; and other manufactures. The island
formerly sickly because the woods were not opened, and also by
reason of the intemperance of the inhabitants. 5 pp. [Col Entry
Bk., No. 92, pp. 253-258.]
1663. 621. Account of the private ships of war belonging to Jamaica
and Tortugas in 1663. 11 frigates and brigantines belonging to
Jamaica, carrying 740 men and 81 guns, under Sir Thos. Whet-
stone and Captains Swart, Gaye, James, Cooper, Morris, Brenning,
Manfield, Goodler, Blewfield, and Herdre, manned with English,
Dutch, and Indians, besides four others. Also three small ships,
carrying 100 Jamaicans, and 12 guns, under a Dutch captain,
Senolve, which have left the island. Four ships and boats belong-
ing to Tortuga, carrying 258 men, all Frenchmen, and 32 guns,
under Captains Davis, Buckell, and Colstree, and a Portuguese.
1 p. [Col Papers, Vol. XVII., No. 112.]
1663. 622. to . Argues that that which gives a nation right
to countries undiscovered is a primary discovery, and that those
places we pretend to, in behalf of the King, were by his predecessors,
at a vast expense of treasure and of life, discovered and long after
hidden from those who now presume to possess them. Quotes the
discoveries of Sebastian Cabot, Clement Adam's map of same, Ramu-
sius' preface to third vol. of Navigation, the sixth chapter of the
third decade of Peter Martyr, and Fran. Lopez de Gomara in fourth
chapter of his history of the West Indies. The improvement of
these discoveries obstructed at first by the troubles in Scotland,
neglected by Edward VI. and Queen Mary, but prosecuted and im-
proved by Elizabeth. Names of persons of quality sent out to take
possession, the first Capt. White, most of whom perished in those
designs with the loss of at least 5,000 of her Majesty's good subjects.
Those lands between the east end of Long Island and Delaware Bay
perfectly discovered by Henry Hudson, an English gentleman, at the
proper charge of Sir John Popham, Quarles and Jackson, two mer-
chants of London, by King James' permission with three ships, well
equipped. Differences between the mariners and Hudson, his im-
M 605. M
178 COLONIAL PAPERS.
1663.
prisonment, but immediate release by the King's orders, and after-
wards going to Holland where he sold his maps and cards to the
Dutch ; their cruel conduct, committing him to sea in a small boat
after they had got what they could of him. Sending the year
following two ships [to trade with the natives of Hudson's river,
which they continuing, his Majesty, though naturally inclined to
peace, commissioned Sir Samuel Argoll to demand satisfaction of
said Dutch or any other strangers trading there, and to forewarn
them for the future upon confiscation of ships and goods, which was
accordingly effected. The religious differences in 1620, the reason
of many nonconformists removing to Holland for liberty of con-
science, where they hired a ship of 500 tons to transport them, to
the number of 460 persons, to Hudson's river or the west end
of Long Island, but the Dutch breaking faith landed them 140
leagues from the place N.E. in a barren country, since called Ply-
mouth, and themselves in 1621 settled a factory in said Hudson's
river through fraud and treachery, to the wearing out of our English
interest in that place, and contrary to their engagement to Argoll
that they would come thither no more ; so that in pursuance of said
engagement all the Dutch have there, both ships and goods, stand
liable to confiscation. Account of proceedings before the late King
in Council between 1632 and 1638 occasioned by Col. Powell, but by
the specious promises of the Dutch, the business of asserting the
King's interest so as to have possession thereof was obstructed, and
afterwards not minded by reason of the cruel and unnatural troubles.
Of the incredible and injurious insolence of the Dutch towards the
English and their treachery to the poor natives, will give but one
instance, that of Daniel How, who in 1638 purchased lands of the
natives of the west end of Long Island and settled the same, but
the Dutch Governor forcibly drove the planters away, imprisoning
some, whereupon the Sachem that sold the lands declared publicly
he had done so, for which assertion the Dutch cruelly murdered
him, staking him alive. Within these six years the Dutch forcibly
entered a town purchased of the native Prince for 500?. by one Bell,
who had peopled the same. Trade has been wrested from the English
merchants, as may be seen by the Dutch returns of last year, 1662.
This miserable state of English interests in that part of the world calls
aloud for remedy, that they may no longer sustain the intolerable dis-
grace of submitting to the intrusion of such monsters and bold usurpers.
Two copies. 3 pp. [Col. Papers, Vol. XVIL, Nos. 113, 114.]
1663. 623. Notes by Williamson concerning New England. They had
then a quarrel among themselves between the Rigid Independents,
who were the first colonists, and a larger opinion under one Stone,
who if let alone that year would have fallen in pieces. Mavericke
was of all men the worst to do it ; debauched (?), idle, and under
great prejudices. Cartwright persuaded himself to be a Jesuit by
old Bellingham, of the Society of Jesus. Sir R. Carre, a weak man.
The boundary of Connecticut is forfeited. Twenty-two seaport
towns would have been cut off. 1 p. [Col- Papers, Vol. XVIL,
No. 115.]
AMERICA AND WEST INDIES.
179
1663?
1663?
1663?
1664
Jan. ^-y
Eotterdam
Jan. 11.
Whitehall.
624. Notes by Williamson concerning New England. The
Narragansett Plantation, first framed by certain English, who
retiring for scruple of conscience about 1643, upon application
obtained a charter from the Committee for Foreign Plantations
under the Parliament, empowering them to choose their own officers
and to make laws to be as near as might be to the laws of England,
and upon these have framed a body of laws, yet all writs proceed
in the King's name. This charter was renewed by the King in
1661 or 1662. About 1620 the Dutch first encroached upon the
north parts of New England, but only in trade, not pretending to
make a colony there, much less any sole propriety. 2 pp. [Col.
Papers, Vol. XVII., No. 116.]
625. Notes by Williamson concerning the Plantations. These
relate chiefly to New England. Sir Ferd. Gorges about to be
sent Governor in 1634. Edw. Winthrop's papers. Settlement of
the first planters of New Plymouth because they would not
conform. Winthrop though a layman preached to them, and
even married them, of which he was accused in England in Sec.
Coke's time. They were called in question for being Brownists
while Coke was Sec. The Dutch plantation in New Netherlands
opposed by the English as an usurpation, 1639. No vessel with
passengers or victuals allowed to sail to New England without a
license from the [Council] board. Isle of Kent planted in 1631.
Names of the principal undertakers for the Massachusetts Bay in
1629. A great plague in 1622 or 1623, which swept away all the
natives for 60 miles in diameter, in that part where the Massa-
chusetts are since settled. Three years after Winthrop's arrival
there were 2,000 persons. The Government; informations of Sir
Chr. Gardiner, Morton, Ratcliffe, Bull, Downing, and Wiggin. King
James's Letters Patent for establishing two colonies, &c. &c. 4 pp.
[Col. Papers, Vol. XVII., No. 117.]
626. Henry Killigrew to Williamson. Desires him to prepare a
warrant for passing a grant for those shares of land in Bermudas
that were belonging to Cornelius Holland, Owen Rowe, and Sir John
Danvers, similar to a grant made long ago to the writer by the King
and Duke, see ante, No. 231. [Dom., Chas. II., Vol. LX XXV III.,
No. 39, Gal, p. 403.]
627. Henry Parker to John Thomson [alias Edw. Riggs to
Sec. Bennet]. There are more fanatics in Rotterdam than any-
where else. Understands that Wheeler and Ludlow are in the
Holland plantation in New England, and reported to be well.
[Dom., Chas. II., Vol. XC., No. 1, Gal, p. 426.]
628. The King to Lord Willoughby. Has received his letter
of Nov. 4, relating the misfortune which had befallen Barbadoes by
the caterpillars and worms devouring the fruits of the island.
Promises some ease from the hardships complained of through the
Acts of Navigation. The complaints against the French Governor
M 2
180 COLONIAL PAPERS.
1664.
are just, and he is left to take what order with him is requisite.
The island of St. Vincent lias not been granted to anyone, nor shall
any islands under Lord Willoughby's command be disposed of with-
out he is first consulted. The King has good hopes of the pros-
perity of Jamaica, and will send a commission to Col. Modyford to
be Governor, with power to do all things requisite for the good
establishment thereof, wherein Lord Willoughby shall help him.
Approves of raising a regiment and giving them the Royal colours.
A ship of war shall be placed at his service if the exigency of
affairs will permit ; and the guns desired shall be sent out. Rough
draft in Williamson's handwriting. \\ pp. [Col. Papers, Vol.
^n wiW(
L, No. 1.
XVIIL, No. 1.]
1664 ? 629. Proposals in the handwriting of Col. Thomas Modyford.
That a frigate and three or four other vessels, well provided with
arms and ammunition, be appointed to carry passengers to and from
the Leeward Islands and " this place " [Jamaica]. The planters,
especially for the first two years, to consist only of freemen who
best know the manner of the country in building and planting, to
be disposed of in townships of 50 men each, to have a portion of
land assigned and increased according to ability in the management
of it. A free passage to be given to the first 1,000 men, everyone
to have the right to demand 100 acres of land ; at first the Govern-
ment must be military, but the chief encouragement will be an
assurance of equal liberties with the Governments of England and
Barbadoes. The first plantations to be at the river's side, well
stocked, " it will feed millions of cattle." The ground is already
" bared," so that provisions, commodities, &c. ma}' be sown, and if
licensed to import cattle and horses from Brazil, Cape Verd, &c. no
other wealth would be needed, cows being cheap and in great
plenty in those places. It must be considered that Barbadoes
cannot last " in an height of trade three years longer." A place
must therefore in prudence be presently thought upon where this
great people should find maintenance and employment. 20,OOOZ.
put in honest and active hands would in a short time return a fair
revenue to the common treasury. 2 pp. [Col. Papers, Vol. XVIIL,
No. 2.]
1664 ? 630. Propositions which it is humbly conceived will be for
his Majesty's service. That Col. Thos. Modyford may have power
to give liberty of conscience in Jamaica ; to grant land at his
discretion; to make declaration in all the Caribbee Islands that
there shall be no custom paid at Jamaica for 21 years ; to call in
all private men-of-war ; to proceed against those who refuse and
continue pirates or take commissions from other princes ; to settle
an Admiralty there ; to give assurances to Spanish subjects of free
trade at Jamaica ; and that, for the security of the island, his
Majesty keep a ketch there for obtaining intelligence ; and that the
ship now going be victualled for 12 months, that she may return
to the Caribbee Isles for planters. 1 p. [Col. Papers, Vol. XVIII.,
No. 3.]
AMERICA AND WEST INDIES. 181
1664 ? 631. Propositions concerning Jamaica. That letters be written
to Lord Willoughby, to permit Col. Modyf ord to make public decla-
ration in Barbadoes and the Leeward Isles that freemen desiring to
go to Jamaica may repair to him ; and to Col. Modyford to give him
notice that his Majesty has appointed him Governor of Jamaica,
with instructions what conditions to offer to such as will go with
him. That it be left to Col. Modyford's discretion what land be fit
to be granted to single persons, families, and servants, but to be
granted to them and their heirs for ever at a peppercorn rent ; and
that he declare publicly that there shall be no custom paid at Jamaica
for 21 years ; for without order concerning these latter it is conceived
that freemen will rather go to the Dutch and French plantations
than to Jamaica. Indorsed by Sec. Bennet, Mr. Kendal's propo 8
concert Jamaica. 1 p. [Col. Papers, Vol. X VIII., No. 4.]
1664. 632. Mem. that a letter be sent to Lord Willoughby to permit Col.
Jan. ? Modyford publicly to invite planters to go to Jamaica, and the terms
he may offer to encourage them to do so. A ship ready to go to
Barbadoes with such despatches. Indorsed by Williamson, " Every
person to have so much as he can well plant and manage. Jones, a
Wiltshireman, a preacher." | p. [Col. Papers, Vol. XVIII., No. 5.]
Jan. ? 633. The King to Lord Willoughby, Governor of Barbadoes.
Whitehall. Whereas his Majesty has made choice of Col. Modyford to be Governor
of Jamaica, whither his Majesty has ordered him to transport himself
from Barbadoes, with instructions for perfecting the settlement of
the island of Jamaica, and particularly for furnishing it with a suffi-
cient number of planters ; commands him to permit Col. Modyford
to give public notice thereof in Barbadoes, and to invite persons to
plant in Jamaica, and to be aiding and assisting as there shall be
occasion. 1 p. [Col. Papers, Vol. XVIII., No. 6.]
Jan. ? 634. Draft of the preceding, with corrections in Williamson's
handwriting. p. [Col Papers, Vol. XVIII., No. 6*.]
Jan. 11 ? 635. The King to Col. Sir Thos. Modyford. Has chosen him to
be Governor of Jamaica, for which he shall in due time receive his
Majesty's commission and instructions ; but in the meantime, by the
advice and authority of Lord Willoughby, he is commanded to pub-
lish in Barbadoes and the Caribbees, by proclamation or other means,
his Majesty's intentions to plant and settle said island and to
invite settlers, with assurances of protection, liberty of conscience in
matters of religion, and free grants of as much land as they are well
able to plant and manage. Draft, with corrections in the hand-
witing of Williamson. 1 p. [Col. Papers, Vol. XVIII. , No. 7.]
Jan. 16. 636. The King's warrant to the Attorney-General to prepare a
bill under the Great Seal containing a grant to Thos. Elliot, groom
of his Majesty's bedchamber, of mines to be discovered in a certain
mountain adjoining the river Seganectucke, in Nova Scotia, for the
term of 31 years, all ore to be brought to this kingdom, and the
usual duties thereon to be paid, and one-fourth part to be reserved
for the King's use. [Dora. Entry Bk., Chas. II., Vol. XVL, p. 12,
and Vol. XXL, p. 12.]
182 COLONIAL PAPERS.
1664 ? 637. Draft of a letter in the handwriting of Williamson to Lord
Windsor. As his Majesty has designed the Earl of Marlborough to
succeed his Lordship in the Government of Jamaica, requests him
to send an account of the condition wherein he found and left the
colony, with any other observations and lights his Lordship hath by
him or can furnish, without which Williamson is not sufficiently
instructed to draw up the necessary instructions and despatches,
and he cannot acquit himself as he ought of his Majesty's commands.
1 p. [Col. Papers, Vol. XV III., No. 8.]
1664. 638. Lord Windsor to Joseph Williamson at Sec. Bennet's lodgings
Jan. 17. in Whitehall. Sends copy of his instructions, of which also Sec.
Jamaica. Morrice has a copy. Knows not of any papers he either has or had
that might be serviceable to the next Governor, only those which
by the King's order he delivered to Sec. Bennet, by reason the con-
dition of Jamaica was quite altered by his Lordship's coming, being
before under no civil government, and left by him regulated to the
laws and government of England. Indorsed, Rec. 25 th . 1 p. [Col.
Papers, Vol. XVIIL, No. 9.]
Jan. ? 639. Notes by Williamson of a commission in 12 articles, headed
" The Old Commission of Lord Windsor," the same as were given in
full to Col. D'Oyley, Feb. 8th, 1661, see ante, No. 20. 1 p. [Col.
Papers, Vol. XVIIL, No. 10.]
Jan. 18. 640. Commission to Col. [Edward] Morgan, appointing him
Deputy-Governor of Jamaica, to command in chief in the absence of
Sir Thos. Modyford, Governor there. His instructions are dated
27 Feb., see No. 674. f p. [Dom. Entry Bk., Chas. II., Vol. XX.,
p. 7.]
Jan. 19. 641. The King to Edward D'Oyley, Esq. Whereas seizure was
made in 1661 by the Diamond in Jamaica harbour of the Flemish
ship Martin Van Rosen, Leonard Johnson, master, which with her
lading of negroes and goods was condemned as lawful prize, and one-
third part by virtue of a late Act of Parliament belongs to his
Majesty, the same is hereby commanded to be paid to Philip Howard.
Signed by the King and countersigned by Sec. Sir Henry Sennet.
1 p. [Col. Papers, Vol. XVIIL, No. 11.]
Jan. 19. 642. Copies of the preceding. one copy dated 24th Feb. are
entered in Dom. Entry Bk., Chas. II., Vol. XVI., pp. 13, 51.
1664 ? 643. Note of the seizure of the above ship, and confiscation of
her goods and negroes by Col. D'Oyley to the value of 650?., whereof
one-third belongs to the seamen for which his Majesty hath passed
an order [see ante, No. 599], one- third to the Governor, and the rest
to his Majesty which is in the hands of Col. D'Oyley. - p. [Col.
Papers, Vol. XVIIL, No. 12.]
1664. 644. Minutes of the Council for Foreign Plantations. Debate
Jan. 19. on the model or form proposed by the Farmers of the King's Customs
Inner Court of to be put in practice by their officers, which at their own charge
s ' they propose to send to Virginia, New England, Maryland, Long
AMERICA AND TVEST INDIES.
183
1GG4.
Jan. 25.
Jamaica.
Jan. 26.
Gambia.
Jan. 29.
Island, and other Plantations, for preventing the defrauding of his
Majesty's Customs, Committee appointed to contract same into as
few and brief heads as they can and add the Earl of Anglesey's
proviso limiting the proceedings of such officers by the late Acts of
Navigation. Printed in New York Documents, III,, 49. ^ p. [Col.
Papers, Vol. XIV., No. 59, p. 55.]
645. Deposition of John Haines taken before Sir Chas. Lyttelton
Judge of the Principal Court of Admiralty. About March last, being
an inhabitant amongst the Spaniards he heard that a party of English
belonging to Captain Swart being landed near the river Cant, a
party of men under Andrea de Ceseneras and Don Alonzo de Fonseca
were sent to take them, who having met with and slain 11 of them,
found 17 more, in a small wood in a Savanna, prepared to defend
themselves. Whereupon the Spaniards, by showing their dead com-
rades, displaying their own force, and promising that they should
have fair quarter, and be sent to St. Jago on Cuba, and from thence
be shipped to Jamaica, induced them to lay down their arms ; but
in the night killed them all. Has heard all this from Andreas
Hidalgo, one of the Spanish party. Has also seen the bones of the
17 men lying as they were slain, within a compass of 5 yards square,
and has heard that the magistrates of Baiam sent to the Spaniards,
not to bring in one Englishman alive. And further the Major of
Baiam having heard that Nicholas Rion and Francis Peron were
trading with the Spaniards in the river Civilia upon Cuba, sent his
son Don Alonzo de Fonseca, with seven or eight men to kill the Com-
pany and take their barque ; which they effected by inviting two of
them ashore, on pretence of giving them a beef, and sending three
of those with whom they were accustomed to trade on board, who
stabbed Nicholas and Francis ; and when the last man jumped over-
board and swam to shore, he was lanced to death by those who had
killed the other two. This took place in April last and has heard
that all the actors declare it to be truth. The captured barque was
of Jamaica. 2 pp. [Col Papers, Vol. XVIII., No. 13.]
646. Consultation held by Captains Quick, Facy, and Fenn, and
John Ladd, Thomas Darcy, Win. Glanvill, Edward Jones, and Patrick
Robertson, factors and officers of the Royal African Company.
Upon receipt of a letter from Major Holmes, dated the 23rd inst.,
from Goree to John Ladd, with news of the surrender of said island
and desiring him to come thither with all expedition, and with as
many men as possibly could be spared for keeping possession of the
island ; said Council think it expedient to do so for the following
reasons. It is a strong fortified place where the ship may con-
veniently ride and has been the chief Dutch factory for all the north
parts of Guinea. That if it please the Company to keep possession of
said island, no nation can have any trade in any of those north
parts, and it lies so conveniently for all ships coming out of England
for South Guinea, that it is not six hours sail out of the way to
touch there. 1 pp. [Col. Papers, Vol. XVIII., No. 14.]
647. Report of Sirs John Berkeley, G. Carteret, and W. Coven-
trye. Have discoursed with several persons well acquainted with
184
COLONIAL PAPERS.
1664.
Jan. 29.
Jamaica.
Feb. 1.
Feb. 1.
Jamaica.
the affairs of New England, some having lately inhabited on Long
Island, where they have yet an interest. That the Dutch on those
colonies do not exceed 1,300 men, the English who live inter-
mixed with them being about 600 men. That from the colony of
New Haven, where Mr. Winthrop commands, and from the east end
of Long Island, which consists of English, may be gathered in eight
or nine days 1,300 or 1,400 men, besides other English which will
come freely from other colonies, and a probability of engaging the
Indians if need require, so it seems very probable the Dutch may
either be reduced to his Majesty's obedience or dispossessed of their
usurped dwellings and forts if the King will send three ships and
about 300 soldiers under good officers, with provisions as per list ;
the pay per month would be 369?. 12s. If thought fit to proceed in
this design letters must be sent from his Majesty to the several
Provinces in New England to be aiding and assisting therein, and
that all possible diligence be used in regard to the season. 2 pp.
[Col Papers, Vol. XVIII., No. 15.]
648. Deposition of Charles Hadsell, commander of the Prosperous
of London, taken before Sir Charles Lyttelton, judge of the Principal
Court of Admiralty there established for the American seas. Touch-
ing his capture by Captain Juan de Sota, of the Spanish ship St.
Christo, of Maracaia, and his being carried prisoner to St. Domingo,
where he petitioned against this wrongful seizure, and to be sent to
Spain to get satisfaction for his losses, amounting to 3,000?., but was
refused. After 14 months' imprisonment was sent to Havannah,
whence he escaped in a canoe with five other English prisoners.
Two of these English prisoners, Wm. Harris and Wm. Garrett, sailed
under Col. Cham Arundell, and Harris says that Arundell and his
company were surprised in the Bay of Matanzas, and carried to
Puerto Principe, where, after a month's imprisonment, Arundell and
Bartholomew Cock, his master (about June 1662), were taken out
by negroes into the bush and murdered, and that he saw them bring
Col. Arundell's head into the town, while the rest of them were
saved by a Flemish friar, who procured them to be sent to Havannah.
2 pp. [Col. Papers, Vol. XVIIL, No. 16.]
649. Minutes of the Council for Foreign Plantations. The model
of proposals of the Farmers of the King's Customs read, with
amendments made by the Committee, and said Farmers left at liberty
to have same further considered. Copy of the model of the proposals
annexed. Printed in New York Documents, III., 50. 1 p. [Col
Papers, Vol. XIV., No. 59, pp. 55, 56.]
650. Abstract of several papers received from Sir Chas. Lyttelton,
dated Feb. 1. 1664, from Jamaica. Sir Chas. Lyttelton's letter com-
plaining of the insolencies of the Spaniards, and desiring leave for the
Jamaicans to right themselves, and setting forth the necessity of his
own return to England for his health sake. The depositions of Charles
Hadsell, commander of the Prosperous, of London, and of John Haines
[see ante, Nos. 645, 648], Also of several letters which are stated
in the margin to have been taken with the quicksilver from Sala-
AMERICA AND WEST INDIES. 185
1664.
manca and other places respecting the jealousies of the Spaniards
towards the English. Indorsed, Sir Chas. Lyttelton had his own
letter and the examinations. 2 pp. [Col. Papers, Vol. XV II I.,
No. 17.]
1664 ? 651. Petition of Thos. Nicolls to the King. According to his
Majesty's verbal order has moved Mr. Secretary for various employ-
ments, but has missed of his expectation. Now asks for a grant of
the plantation at Ligonee, in Jamaica, belonging to Colonel Hum-
phry es, deceased about a year ago, as great an enemy to his Majesty
as he ever heard of, which is free from any one's just claim ; and
also an order for receiving the benevolence of the several parishes of
the city of London and its suburbs to enable him to transport men
to work it. 1 p. [Col Papers, Vol. XVIIL, No. 18.]'
1664. 652. Thomas Nicolls to the King. Has never in the least mea-
Feb. 2. sure received the repairs of his losses promised by his Majesty on
Nicolls' return from Jamaica in 1661, and being now designed upon
the same employment as formerly by my Lord of London, requests
free passage for himself and family on the vessel now bound thither
on his Majesty's account, and a renewal of his Majesty's former letters
to the Governor of Jamaica. 1 p. [Col. Papers, Vol. XVIIL, No.
19.]
Feb. 6. 653. Warrant to pay to Col. Legg, Lieut, of his Majesty's Ord-
nance, 1,112?. for his Majesty's service in Jamaica. [Dom., Chas. II.,
Docquet.]
Feb. 11. 654. Minutes of the Council of Barbadoes. Order to the Provost-
Marshal : Whereas Sir Robert Harley, late keeper of the Public
Seal, on the 4th inst. contemptuously refused to seal a writ directed
to the Escheators on his Majesty's service, could give no sufficient
reason for the same, and refused to deliver up the Seal, or give any
account where it was ; ordered that he be arrested and kept in
custody until he shall deliver it to the Governor. Philip Bell and
Ferdinando Gorges chosen and sworn Councillors. 1 pp. [Col.
Entry Bk., Vol. XL, pp. 82, 83.]
Feb. 13. 655. Warrant to Edward Earl of Clarendon, Lord High Chancellor,
to cause the Great Seal to be affixed to a Commission constituting
Sir Thos. Modyford, Bart., Governor of Jamaica. p. [Dom. Entry
Bk, Chas. II., Vol. XVL, p. 38.]
Feb. 15. 656. Commission to Sir Thomas Modyford, Bart., appointing him
Governor of Jamaica. With power to choose a standing Council of
12 persons or to continue that already established; to make laws
with the advice of five or more of said Council, so as they do not
extend to the taking away the right or interest of any persons in
their freehold goods and chattels or to the loss of members, such laws to
be speedily sent home, and if disallowed thenceforward to cease. To
erect courts of judicature, administer oaths, and appoint judges with
salaries. To muster and command military forces, and ordain martial
law. Powers of Vice- Admiralty. To build forts, ports, towns, &c.,
186 COLONIAL PAPERS.
1664.
and divide the island into lordships or other allotments, as he thinks
fit, and grant charters of incorporation, with liberty to hold fairs and
markets. To take surveys of all lands already granted, and agree
with the inhabitants concerning the rest, with power to make grants
of same under the public seal, which are to be enrolled, reserving
moderate quit-rents to the King, and limiting the times when
planters shall be bound to finish their respective plantations or
forfeit the same. To appoint a Commission to find out the most
useful trades and improve the same. Power to pardon and remit
offences before or after sentence, treason and wilful murder only
excepted, where he may reprieve for one year until the King's
pleasure be known. To appoint deputies to administer oaths. Power
to call Assemblies, and with their consent to make laws, reserving
to himself a negative voice ; also to levy monies : said laws to agree
with those of England, and to be in force for two years only, except
they be confirmed by the King. To receive a salary of 2,000?. per
ann., payable quarterly out of the Exchequer at Westminster ; these
presents to be a sufficient warrant for payment of the same. The
same powers granted to the Deputy Governor in case of his death or
absence. Lord Windsor's Commission, as Governor of Jamaica, from
henceforth to be void. 11 pp. [Col Papers, Vol. XVIII., No. 20.]
Feb. 15. 657. Two copies of Sir Thos. Modyford's Commission. [Col. Entry
Bks., No. 27, pp. 23-28, and No. 92, pp. 95-107.]
Feb. ? 658. Draft of above Commission, with corrections in Williamson's
handwriting. 6 pp. [Col Papers, Vol. XVIII., No. 21.]
Feb. ? 659. Heads of above Commission to Sir Thos. Modyford, in
Williamson's hand. 1 p. [Col Papers, Vol. XVIII., No. 22.]
Feb. 15. 660. The King to Sir Thos. Modyford, Governor of Jamaica.
Whitehall. Recommends Thomas Nicolls, clerk, who is no stranger to that place
and has suffered much for his loyalty, as minister at Lygonee or the
Point, or in some other convenient station ; with such salary as the
sum allowed by his Majesty for the ministry of that island will
bear, and with such other convenience for his family's subsistence,
as may beseem his profession and employment. Signed by the King
and countersigned by Sec. Bennet. 1| pp. [Col Papers, Vol. XVIII.,
No. 23.]
Feb. ? 661. Draft of preceding letter, with corrections in the hand-
writing of Williamson. 1 p. [Col Papers, Vol. XVI1L, No. 24.]
Feb.? 662. Copy of above letter. [Dora. Entry Bh, Chas. II., Vol.
XVII.., pp. 10,11.]
Feb. 16. 663. Memorial of Sir George Downing, Envoy Extraordinary, to
The Hague, the' States General. Demands that satisfaction and reparation be
forthwith made by the Dutch West India Company for the damage
sustained by the Royal African Company in preventing their ship
Mary, Capt. Den, from trading or even obtaining water at several
places on the coast of Africa, where the English have long had trade
and factories, and that becoming resentment and indignation be
shown against these unparalleled proceedings of the Dutch West
India Company. 2 pp. [Col Papers, Vol. XVIII., No. 25.]
AMERICA AND WEST INDIES. 187
1664.
Feb. 18. 664. Instructions to Sir Thomas Modyford, Governor of
Jamaica. Before his departure to solicit Lord Willoughby, accord-
ing to the King's letter, to give him all helps towards his voyage,
especially by encouraging planters in Barbadoes to accompany him,
which the King by his second letter has very effectually recom-
mended to Lord Willoughby, and to take the like care to invite
any of the King's subjects from any other part. To receive from
Col. Morgan, who is appointed Lieut.-Governor, 3,000?., with arms
and ammunition, 1,000?. being for one year's pay to himself, 600?.
to his Lieut.-Gov., 300?. to his Major, and 600?. for the pay of his
body guard and the public magazine of arms ; the remaining 500?.
to be laid out in iron and other useful tools for distribution to the
inhabitants at reasonable rates, the product to be employed in
building forts ; Col. Morgan is particularly recommended to his
friendship and good usage. To assemble the Council, and
publish his commission, and to add to their number if necessary.
The King desiring that no one under pretence of scruples of con-
science may receive any discouragement, the Governor shall dis-
pense with the oaths of allegiance and supremacy, except to the
Council, and allow free exercise of religion, obliging the Governor
" in your own soul to the profession of the Protestant religion," and
to recommend it to all others. To inquire into civil and criminal
judicatories, and establish courts of Admiralty according to his
powers from the Duke of York. To prohibit the granting letters of
marque. To encourage trade, and particularly to keep good corre-
spondence with the Spanish Dominions. To order a survey of the
harbours and landing places, and erect fortifications at the public
charge. The allotment of 400,000 acres of land for the Royal
demesne to be suspended, for the better encouragement of the
planters and those who will plant within five years, such grants to
be made under the broad seal of the island to the grantees and their
heirs in free and common soccage, reserving fit rents to the King ;
and a register thereof to be kept and sent home. To be careful
that strangers be not kept in colonies apart, but mingled with the
King's subjects. In case Sir Charles Lyttelton, who has the keep-
ing of the broad seal, be come away, according to the desire of his
friends, the keeping thereof is to be consigned to three of the
Council. All planters and servants to be provided with arms,
mustered and trained ; and in case of insurrection or invasion to
proclaim martial law. To take care that drunkenness and de-
bauchery, swearing and blasphemy be discountenanced and pun-
ished, and none admitted to public trust and employment whose
ill-fame may bring scandal thereon. To give every encouragement
to merchants and traders ; no goods either imported or exported to
pay customs for 21 years; the commodities of the island brought
to England to be custom free for five years. The expenses of the
Government to be laid upon hot waters and strong drinks, " if it
were but to restrain the excessive and vicious use of them," the
King having allowed 2,500?. yearly towards the expenses of
Government. To appoint markets and fairs, and take care that
wild cattle, horses, hogs, and sheep be preserved, licensing or pro-
188
COLONIAL PAPERS.
1664.
Feb. 18.
Whitehall.
Feb. 18.
Feb?
Feb. 18.
Barbadoes.
hibiting hunters at his pleasure, to improve the cocoa walks, and
repair the houses in St. Jago. To take care that plantations be
made as near to one another and to the sea coast as conveniently may
be, the better to prevent invasions. No one to be admitted to more
than one office ; military and civil officers to be suspended upon
misbehaviour or discharged, and salaries and fees duly regulated.
To transmit accounts of increase of planters and servants, the wants
of the place, its chief products, the necessary improvements,
and the most probable advantages to be obtained. Power to call
Assemblies, make laws, and levy monies ; such laws to be in force
for two years and no longer, unless confirmed by the King. To
ratify grants already made to the planters, their heirs and assigns,
for ever, and to servants after four years' service ; 30 acres to every
planter transporting a servant, and 30 acres to said servant after
said term of service. To perform all things for the encouragement
of the trade of the Royal (African) Company, which he managed
to their interest while residing in Barbadoes. Power to act in all
things not mentioned in these instructions. With marginal notes,
corrections, and endorsement by Sec. Sir Henry Bennet. 13 pp.
[Col. Papers, Vol. XVIII., No. 26.]
665. Two copies of the above instructions.
No. 27, pp. 29-35, and No. 92, pp. 109-126.]
[Col Entry Bks.,
666. Blank Commission from the King to some person unnamed
to be Major of his Majesty's forces in Jamaica, and command the
same in the absence of and next to the Governor or Deputy Governor.
| p. [Dom. Entry BL, Chas. II., Vol. XX., pp. 6, 7.]
667. Memorandum by Williamson of " powers to be implied in
the instructions." Indorsed, Commission for Jamaica ; Major to dis-
cipline and command all the forces in the absence and next to the
Governor and Deputy Governor (see Establishment for Jamaica,
ante, No. 616.) 1 p. [Col. Papers, Vol. XVIII., No. 27.]
668. Governor Francis Lord Willoughby to the King. Has been
constant in informing his Majesty of the state of the island, and the
more so now that he has to report the displacing of a great officer,
Sir Robert Harlowe [? Harley], who has gone to England to lay his
complaints before his Majesty. His brother has been desired to give
the details to the King. In obedience to his Majesty's recommenda-
tion had appointed Sir Robert, Keeper of the Seal for life, which upon
strict perusal he found contrary to his commission, as he ought before
to have informed his Majesty. Has now rectified it ; for Sir Robert
has given just occasion by his ill use of it, and other miscarriages in
the places of judicature wherein he had been placed, for Lord
Willoughby to command it from him again into his own custody,
where by the grace of God he shall safely keep it, and make a right
use of it according to the trust reposed in him by his Majesty, all
which he hopes will be approved. 3 pp. [Col. Papers, Vol. XVIII.,
No. 28.]
AMERICA AND WEST INDIES. 189
1664.
Feb. 18. 669. Governor Francis Lord Willoughby to Sec. Sir Henry
Barbadoes, Bennet. Has had an Act passed to settle a revenue upon the King,
which Act he will send with some others as soon as they are finished,
for his Majesty's confirmation. In the meantime he is collecting the
revenue in the time of the sugar crop which is the ready money of
the island ; but owing to the bad weather the payments are very back-
ward, so that he cannot return the King an account so soon as he
expected. The island has been sadly afflicted with caterpillars,
which, like the locusts in Egypt, have devoured all things, so that
the poorer people must have starved if the shipping had not brought
more provisions than usual ; many of them have been forced to leave
Barbadoes and go to Jamaica and other places merely from want of
food. Sir Robert Harley has gone off in discontent like Col.
Walrond, because he could not remain to do as he listed. Did not
banish him ; some actings of his did occasion his departure, which
made his being here uneasy to him. If he or others make any com-
plaints, Lord Willoughby requests that the matter may not be con-
cluded until he can return a full account. Indorsed, " Rec. April."
1 pp. [Col. Papers, Vol. XVIII., No. 29.]
Feb. 19. 670. Wm. Hutchinson to Williamson. Entreats him to speak to
Sir Thos. Modyf ord to assist Hutchinson in recovering a debt of 501.
with interest for 1 2 years, which he lent upon bond to Capt. Barry,
now in Jamaica. [Dom., Chas. II., Vol. XCIII., No. 21, Gal.,
p. 488.]
Feb. 24. 671. The King to Edward D'Oyley. Requires him to give speedy
satisfaction to the officers and mariners of his Majesty's ship Dia-
mond for their third part of the value of the Flemish ship Martin
Van Rosen, and her ladings, seized by them in the harbour of
Jamaica in 1661, and condemned by him as lawful prize. p.
[Dom. Entry Bk, Chas. II., Vol. XVI., p. 52, and Vol. XXL,
pp. 13, 14.]
Feb. ? 672. [The King] to [the Duke of York]. To make ready two
ships and one of the Dutch prize ships for a voyage to New England.
Also to provide arms and ammunition as per annexed list to be
delivered ready for transportation, to Richard Nicolls. [Draft by
Williamson with corrections^ Incloses,
Memorial for Sec. Bennet of ammunition and other neces-
saries to be provided for the intended voyage to New England.
[Col. Papers, Vol. XVIII., 'Nos. 30, 31.]
Feb. 25. 673. Warrant to Col. Wm. Legg, Lieutenant of the Ordnance. To
deliver to [Richard] Nicolls packed for transportation the arms and
ammunition as per annexed list, to be disposed of (for New England)
according to his Majesty's directions. The list includes 500 firelocks,
500 matchlocks, pikes, pistols, 50 carabines, saddles, bridles, 2 mortar
pieces, powder, match and ball, pickaxes, spades, and shovels, 2 brass
sakers with field carriages, 1,000 bandoleers, holsters, bells, 500
swords, axes, hatchets, saws, wheelbarrows, hand baskets, tents,
halberds, 6 drums, 3 colours, 4>Ql. worth of nails and ironwork, one
A
190
COLONIAL PAPERS.
1664.
Feb. 27.
Feb. ?
Feb. 29.
Whitehall.
Feb. 29.
Whitehall.
Feb. 29.
Feb. 29.
Whitehall.
Feb. ?
Feb.?
barrel of flint stones, and carriages and tackle for the mortars and
sakers. Together I p. [Dom. Entry Bk., Chas. II., Vol. XX., p. 8.]
674. Instructions for Col. [Edward] "'Morgan, Deputy- Governor
of Jamaica. To take charge of a packet for Sir Thos. Modyford,
now at Barbadoes, who is appointed Governor of Jamaica, and to
embark immediately on the Westergate bound thither, and deliver
up the money to Sir Thos. designed for the King's service in Jamaica,
with power to apply the same himself in case of the death or dis-
ability of Sir Thos. Modyford. 2 pp. [Col. Entry Bk., Vol. XCIL,
pp. 393, 394]
675. Warrant to prepare a bill for the King's signature con-
taining a grant to James Duke of York of lands in America from
St. Croix, next adjoining to New Scotland, to Pemaquid, with
Matawacks or Long Island abutting upon the mainland between
Connecticut and Hudson rivers, also with Hudson's river, "and
containing in length from east to west the whole length of the sea
coast there between the said rivers." Also the islands of Block
Island, Martin's Vineyard, and . Nantuket, and all lands, &c. within
said limits ; with powers of government, &c. This is probably a
copy of the draft. It is undated, and has a few words at the end in
the handwriting of Williamson. The Patent is dated I2th March
1664, see No. 685. [Col. Papers, Vol. XVIII., No. 32.]
676. Copy of the preceding, but with this difference, that the
words in inverted commas in the above are herein written, " and all
the land from the west side of Hudson's river to the east side of
Delaware Bay, all which are within the latitude 39 and 46 degrees,
and containing in length from east to west the whole length of the
sea coast." 2 pp. [Col. Entry Bk., No. 68, pp. 7, 8.]
677. Copy of the preceding in one of Williamson's note books,
who has written in the margin, " Grant to his Royal Highnesse
in N. England." The King's bill is dated 8th March 1664, see
No. 683. 3 pp. [Col. Entry Bk, No. 92, pp. 191-193.]
678. Another copy of the above. 2 pp. [Dom. Entry Bk.,
Chas. II., Vol. XVI., pp. 53-55.]
679. Warrant to the Clerk of the Signet to prepare a bill for the
King's signature for payment of 4,OOOZ. to Sir George Carteret,
Treasurer of the Navy, towards preparations for the service of New
England. Signed by the King and countersigned by Sec. Bennet.
1 p. [Col Papers, Vol. XVIII., No. 33.]
680. Another warrant to the same effect, but with the addition,
to be by him paid over to Richard Nicolls, groom of the bedchamber
to the Duke of York. A similar warrant is in Dom. Entry Bk.,
Chas. II., Vol. XVI., p. 82, dated 25th March. 1 p. [Col. Papers,
Vol. XVIII., No. 34.]
681. Warrant to prepare a bill for the King's signature, to pass
the Privy Seal, to Lord Willoughby, Governor of Barbadoes, to
deliver to Sir Thos. Modyford, appointed Governor of Jamaica, sugars
AMERICA AND WEST INDIES. 191
1664.
belonging to his Majesty to the value of 1,000?., to be employed
towards the work of completing the Great Fort of Jamaica. 1 p.
[Col Papers, Vol. XVIII., No. 35.]
Feb. 29. 682. List of despatches for Jamaica, delivered to Col. Morgan in
a black box locked up, 29th Feb. 1664, vizt., Sir Thos. Modyford's
commission and instructions, and letters to him from the King and
his Honour [Sec. Bennet] ; the Deputy Governor and Major's com-
missions ; letters to Sir Chas. Lyttelton from the King and Sec.
Bennet ; one to Lord Willoughby from the King ; and instructions
to Col. Morgan how to conduct himself in his passage, and in case
of Sir Thos. Modyford's refusal, death, &c. 1 p. [Col. Papers,
Vol. XVIIL, No. 36.]
March 8. 683. The King's bill containing a grant to Jas. Duke of York of
lands in New England (see the Patent, dated 12th March, No. 685,
where the boundaries are described). In this document, as also in
the Privy Signet, the Privy Seal, and the Patent under the Great
Seal, the words are, " and of all the land from the west side of Con-
necticut river to the east side of Delaware Bay," and not from the
west side of Hudson's river, as written in three copies of the war-
rant to prepare this bill for the King's signature, dated 29th Feb.
(see Nos. 676-678). Indorsed, " Charles R Our will and pleasure
is that this pass by immediate warrant. Entered at the Signett
10 Martii 1663-4. John Nicholas. Entered at the Privy Seal
10 Martii 1663-4. John Caule." [Privy Seal Bundle, No. 363,
D.I.]
March [10]. 684. Docquet of the Signet Bill, containing a grant to James
Duke of York of lands in New England, of which the Patent passed
under the Great Seal two days afterwards. [Signet Office. Docquet
Bk.,No. 15, p. 292.]
March 12. 685. Patent granting to James Duke of York, his heirs and
Westminster, assigns for ever, " all that part of the mainland of New England
beginning in a place called or known by the name of St. Croix next
adjoining to New Scotland in America, and from thence extending
along the sea coast unto a certain place called Pemaquin or Pemaquid
and so up the river thereof to the farthest head of the same as it
tendeth northward, and extending from thence to the river of Kene-
beque, and so upwards by the shortest course to the river Canada
northward. And also all that island or islands commonly called
by the several name or names of Matawacks or Long Island, situate,
lying, and being towards the west of Cape Codd and the Narro-
Higansets, abutting upon the mainland between the two rivers there,
called or known by the several names of Connecticut and Hudson's
river, together also with the said river called Hudson's river and
all the land from the west side of Connecticut river to the east
side of Delaware Bay, and also all those several islands called or
known by the names of Martin Vineyards and Nantuckes, otherwise
Nantuket, together with all the lands, islands, soils, rivers, harbours,
mines, minerals, quarries, woods, marshes, waters, lakes, fishings,
hawking, hunting, and fowling, and all other royalties, profits,
192
COLONIAL PAPERS.
1664.
commodities, and hereditaments thereto belonging, and the reversion
and remainder thereof, together with the yearly and other rents,
revenues, and profits in said premises ; to be held of the manor of
East Greenwich in free and common soccage, yielding and rendering
to the King, his heirs and successors, forty beaver skins yearly
when they shall be demanded or within ninety days after. With
absolute power and authority to correct, punish, pardon, govern,
and rule all the King's subjects as shall from time to time inhabit
within the same, according to such laws as shall be established by
said Duke of York or his assigns, and in defect thereof in cases of
necessity according to the good discretions of his deputies, commis-
sioners, officers, or assigns, in all causes and matters capital, criminal,
civil, and marine, so as they be not contrary to the laws of England,
reserving to the King the hearing and determining of appeals. And
likewise to revoke, discharge, and alter all Governors, officers, and
ministers which shall by him be thought needful. Also to put in
execution or abrogate said laws, not only within the precinct of
said territories, but also upon the seas in going and coming to and
from the same ; also for said Governors, officers, and ministers to
exercise martial law in cases of rebellion, insurrection, and mutiny ;
to admit persons to trade and traffic within said territories, and to
possess and enjoy any lands there as they shall think fit according
to the laws aforesaid, and under such conditions as the Duke of
York, his heirs or assigns, shall appoint. With power to transport
the King's subjects or any strangers not prohibited or under restraint
towards the plantation of said territories, together with clothing,
implements, furniture, and other things usually transported and
not prohibited, on payment of the customs and duties thereon;
also with power of government and command to the Duke of York
and the Governors, officers, or ministers appointed by him, over
inhabitants of said territories, and to resist by force of arms, as well
by sea as land, all persons attempting to inhabit said territories
without special license of the Duke, his heirs or assigns, and all
persons as shall attempt the destruction, invasion, or annoyance
to the parts, places, or islands aforesaid or any part thereof. These
Letters Patent or the inrollment thereof to be good and effectual
in the law to all intents and purposes whatsoever. Palfrey in his
History of New England II., 580, says, " I have never seen the Duke
of York's Patent entire ": that part which relates to the boundaries
has been more than once printed. [Patent Roll, 16 Car. II., Part 8,
No. 6.]
686. Commission to John [sic ? Rich.] Nicolls to raise and arm
[blank] foot in London and Westminster, with officers fit for con-
ducting them into New England. Justices of the peace, mayors, &c.
are charged to permit them to march to the place of embarking, and
allow them conveniences at the usual rates. -| p. [Dom. Entry Ek. t
Chas.IL, Vol. XX., p. 11.]
Mar. 20. 687. Sir Thos. Modyf ord to Sec. Sir Henry Bennet. Has received
Barbadoes. his letter of Jan. llth, and will pay all dutiful obedience to his
Majesty's commands. Has delivered the King's letter to his Excel-
Mar. 17.
Whitehall.
AMERICA AND WEST INDIES.
193
1664.
Mar. 20.
Barbadoes.
Mar. 20.
Barbadoes.
lency (Lord Willoughby), who readily gave them permission to publish
the enclosed declaration. Has inserted in it more than was con-
tained in his directions, being encouraged by the letters of Sir Jas.
Modyford and Thos. Kendall, who wrote that they had it from the
Duke of Albemarle's mouth that Sir Thos. might promise them those
other things. Has already enlisted near 400 persons, and is well
assured that three times that number will follow him before Christ-
mas, whose enfeebled affairs will not permit them to go with Sir
Thos. Indorsed, Rec. June 5, 1664, answered July 10. Incloses,
687. i. Declaration of Sir Thos. Modyford. That the King has
appointed him Governor of Jamaica, and ordered him to
make himself ready to depart in a ship of his Majesty's
within six weeks, and to transport free all who shall be
willing to be settlers in Jamaica, provided they take vic-
tuals enough for their passage and obtain the Governor's
ticket for their departure. That his Majesty will allow
full liberty of conscience to all modest and tender people,
freedom from custom duties for 21 years, free grants of
land, and free trade with all nations in amity, except in
negroes, which are to be furnished by the Royal African
Company. Signed by Sir Thos. Modyford, 1664, March
2nd. Together 2 pp. [Col. Papers, Vol. XVIII., Nos. 37,
37 L]
688. Copies of preceding letter and declaration, the former dated
March 10, and indorsed by Williamson, Rec. 5 July, the latter
dated 3 March, and indorsed by Sir Thos. Modyford, Copy of my
declaration, made 3rd of March. [Col. Papers, Vol. XVIII., Nos. 38,
38. L]
689. Sir Thos. Modyford and P. Colleton to the Governor,*Deputy
Governor, and Court of Assistants [of the Royal African Company].
Regret that their actions have not given satisfaction, which they
suppose is because Hayward returned home almost empty, and
Dennis loaded with other men's effects, but were not to blame for
this, as they sent bills to an amount that would have loaded the
vessels with sugar twice over if any sugar had been stirring. If the
time of year, the baseness of the people, and their suitable laws to
protect them in it had been considered, would not have been accused
of indiligence and want of foresight. Complain of the delay in exe-
cutions for debt, and the goods being then left in the hands of the
debtor for 80 days before the marshal can sell them, which before
then are generally made away with. Endeavours of Modyford
to prevent the debtor being trusted with the attached goods, but it
could not be obtained, which does not in the least reflect on Lord Wil-
loughby, who was very forward to relieve the creditors. His patent,
however, orders the proceedings in the courts to be regulated with
consent of his Council, who, being planters, carry it in favour of their
brethren. If land is attached it is always appraised by five free-
holders, who commonly put too high a price upon it, and even if sold,
a new suit, execution, delays, and difficulties follow ; so that it is a
miracle if a creditor ever gets his estate. It would be well to lay the
M 605. N
194
COLONIAL PAPERS.
1664.
matter before his Majesty. Have put Rouse in suit and will order
execution as soon as possible. Few blacks put out after the crops had
been gathered in, until one of the new negroes set fire to the houses
of the rest, when others were put out to work. Their order shall be
observed not to put any abroad while the Company's plantations
can keep them. At St. Christopher's the ship seized by the Allep-
pine had been discharged, as she had not been within the Company's
limits ; the negroes on her were sold to the French there. The Com-
pany's negroes sold at 2,400 Ibs. of sugar per head. The price of
121. to 15?. for boys and girls shall be observed, but it would have
been well to have expressed their age. The plantation thrives under
the care of a very honest overseer and two Christian servants, but
more will soon be wanted. The provisions on the farm are expected
to hold out until the next crop is gathered. Lord Willoughby has
given his promise, in obedience to the King's letter, to restore the
320?. received on account of negroes, but has not yet performed it.
The Speedwell arrived with 282 negroes, who have greatly lost in
value owing to small-pox breaking out among them. The Success
brought 193 blacks, and these, with Capt. Norbrook's, have produced
the best of any. The Susan brought 230 negroes, which were not
allowed to be discharged until the officers of the ship had proved
they had not been within the Company's limits. Duke has been
furnished with 30?. and the doctor with 9?. 13s., for inspecting the
negroes at I2d. per head. Enclose a bill for 10?. 13s. 4d to pay
for a puncheon of beef ; the same price cannot be expected in future.
Duke is sent home empty, as there is no chance of getting a cargo
within a reasonable time. Bowles had touched at Cura9ao and
stood over for the main. From Surinam they hear that Wood has
sold all his negroes at good rates, and will depart thence laden
with his own effects in six weeks. Indorsed, " This letter was re-
ceived 30 May, and answered 1st June." 3^ pp. [Col. Papers,
Vol. XVIII., No. 39.]
Mar. 22. 690. Minutes of the Council of Jamaica. Present : Sir Chas. Lyt-
Port Royal, telton, Col. Sam. Barry, Maj. Thos. Fuller, Capts. John Mann and Peter
Pugh, and Sec. Richard Povey. Ordered, that after the departure of
Sir Chas. Lyttelton Sec. Povey and any two of the Council be em-
powered to act as if the Governor were present. The secretary to give
notice to the gentlemen of the country for their best entertainment of
the new Governor when he shall visit them. The Commander- in-Chief
of each regiment to appoint a rendezvous in case of alarm. Several
acts of Sir Chas. and Commissary Povey signed and discharged, ac-
cording to an indent, by Sir Chas. at the tower. Power to be
given to Samuel Johnson, as administrator of the late Coll. Michell,
to let out his plantation at Lygonee. \ p. [Col. Entry Bk.,
Vol.XXXVIL,p.23.]
Mar. 23. 691. An Act of the Assembly of Nevis concerning trials at law,
Nevis. providing that persons requiring trial by jury shall pay certain fees
to the Provost-Marshal for providing them with meat and drink, &c.
1 p. [Col. Entry Bk. } No. XLIX., p. 10.]
AMERICA AND WEST INDIES. 195
1664.
March 28-29. 692. Minutes of the Council of Barbadoes. Present : Governor
Lord Willoughby, Henry Willoughby, Wm. Kirton, Edmund Reid,
Jas. Browne, Peter Colleton, Ferdinand Gorges, Thos. Modyford,
John Yeamans, Thos. Wardell, and Philip Bell. Reasons for their
late proceedings against Sir Robert Harley : that he having
assumed to himself full power of judicature in matters of equity,
insolently refused to take a commission from the Governor, in
accordance with his Excellency's commission : that the fees to the
Keeper of the Seal for confirmations of land being fixed at 4 Ib. sugar
per acre, he exacted 30s. more for each confirmation, and extorted
10 Ib. of sugar per acre for all " within the ten thousand acres." That
when constituted Chief Judge of the Court of Revenue he notoriously
and scandalously misbehaved himself, for he made the rest of the
judges- and suitors wait four or five hours every day, so that little
progress could be made in the Bang's business. That he called one
Bawden to the Bench and privately advised him to demur to an infor-
mation of extortion exhibited against him, and when the judges were
equally divided on Bawden's case, "he stood up more like a
comedian than a judge, and said, Gentlemen, now it is in my
power to carry it which way I please, and which of you will give
me the lustiest bribe shall have it." That he hindered and
baffled his Majesty's attorneys in their ordinary and usual proceed-
ings, seditiously magnifying himself by declaring to bystanders how
much he was for the liberty of the subject. That, contrary to his
oath, he advised Robt. Gale what to plead to an indictment. That
when entrusted with receiving the certificates and entering the
bonds of trading ships, he suffered the Supply, in which he was
concerned, to depart without giving security. That in that office he
exacted extraordinary fees, refused to seal writs directed to the
Escheator for the King's service, and would not when required by
the Governor deliver up the seal or declare where it was hid, until
he was imprisoned. That he violently pressed the keeping of the
petitioning merchants in prison, declaring that they ought to be
tried by a court of war. And when in prison confessed that he
only asserted the liberty of the people, when he saw he had lost the
Governor's affection.
March 29. Present : Col. Henry Willoughby, Deputy Governor,
and Council. The King's letter to Lord Willoughby of the 17th of
January last read, which acquaints him with the designs of the
Dutch against the island, and requires care to be taken, to build
forts for the safety of the island, preservation of the inhabitants,
and to order the ships to sail in fleets for their common security.
Certified copy, with the following mem. added : " Here ends all
business transacted at the Council Board from the year 1660 to
January in the year 1667. Except the years 1665 and 1666, in
which years there is no manner of business, save only orders for
the meeting of field officers." 6 pp. [Col. Entry Bk., No. XI., pp.
84-89.]
March 31. 693. Sir Thos. Modyford and P. Colleton to the Governor, Deputy
Barbadoes. Governor, and Court of Assistants [of the Royal African Company].
N 2
196 COLONIAL PAPERS.
1664.
Intend sending 300 negroes to Nevis and St. Kitts, having about
200 now on their hands, which nobody here will buy, and received
encouragement to do so from the Company's factors there. There
has been a great mortality amongst them, which our chief physician,
Dr. La Rouse, assures them is through a malignant distemper con-
tracted, they think, through so many sick and decaying negroes
being thronged together, and perhaps furthered by the small-pox in
Capt. Carteret's ship. Most men refused to receive any of them, and
Philip Fusseire, a surgeon, to whom they sold 20 at a low rate, lost
everyone. Send account of sales and dead (wanting}, also bill of
320Z. from Lord Willoughby, and other bills for 580?. Capt.
Chevers takes home 70 tons of sugar, beside cotton, at a low freight
of 50s. per ton for sugar, and %d. per Ib. cotton. Capt. Hunt will
leave in four days with 35,000 Ibs. sugar, beside gold and teeth.
1 p. [Col. Papers, Vol. XV1IL, No. 39.]
March? 694. Petition of Capt. John Gregory to the King. Has been
long prisoner in the Tower, insomuch that his health is much im-
paired and his small estate exhausted ; is not kindly treated by the
King's old friends on account of his employment in the late wars,
and is not kindly owned by others because of his principles, which
are for peace and quiet subjection ; begs therefore that his Majesty
will give order for transportation of him and Paul Hobson to Bar-
badoes and so to Jamaica ; Hobson will give security not to return
without his Majesty's leave. [Dom., Chas. IT., Vol. XCV., No. 99,
Cal, p. 537.]
April 2. 695. Commission from the Duke of York. Reciting the King's
Letters Patent to him of 12th March last of lands in New England
[see ante, No. 685], and appointing Richard Nicolls his Deputy
Governor there with all the powers granted to the Duke by said
Patent. 3 pp. [Col. Papers, Vol. XVIII., No. 40.]
April 2. 696. Reasons of the Council of Barbadoes against the execution
of the place of Provost Marshal by Francis Cradock during life by
patent under the Great Seal. Certified copy by Edward Bowden,
Deputy Secretary. Calendared No. 759, with Order in Council and
Report of Attorney-General thereon. 1 p. [Col. Papers, Vol.
XVIIL, No. 41.]
April 5-7. 697. Minutes of the Council of Jamaica. Major Robert Free-
Port Royal. man sworn Councillor. Lieut.-Col. Lynch chosen President in the
absence of Sir Chas. Lyttelton until the arrival of another Governor.
April 7. Capt. Saunders, of the ship Nicholas, to give in to the
Secretary an inventory of her lading, and to have full liberty to
trade in the island. The justices to send in an account within 14
days, of what land may be taken up by the planters now coming
from Barbadoes. p. [Col. Entry Bk., Vol. XXXVII., p. 23.]
April 9. 698. Warrant to pay to Sir George Carteret the sum of 4,OOOZ.
to be paid to Rich. Nicolls for services in New England. [Dom.,
Chas. II., Docquets, Cal., p. 550.]
AMERICA AND WEST INDIES.
197
1664.
April 9.
Anta.
April 13.
Whitehall.
April 15.
April 21.
April
699. Resolution of a council of war held on board his Majesty's
ship Jersey, riding before Anta. Having taken into consideration
the insolencies of the Dutch upon this coast, and the many ways
they have taken to destroy his Majesty's subjects, and to prejudice
the Royal Company's affairs, especially in their design of destroying
the factory at Anta ; said council consider it their duty not only to
prevent the present designs of the Dutch, but to take or destroy the
castle of Anta, if possible. It is, therefore, " our absolute result,"
that Capt. Peter Braithwaite be sent on shore to treat with the
blacks, and in case he cannot, with 30 men and the help of the
blacks, surprise said castle, to use all means to take same from the
Dutch, or destroy it. Signed by Robert Holmes, Joseph Cubitt,
Charles Talbot, Peter Bowen, Peter Braithwaite, Robert Fenn, John
Ewers, John Holmes, and Samuel Browning. 1 p, [Col. Papers,
Vol. XVIII., No. 42.]
700. The King to Francis Lord Willoughby of Parham, Gov.
of Barbadoes. Has received his letter concerning Sir Robert Harley
and is well satisfied with his proceedings in that business.- Requires
him vigorously to prosecute all that may best conduce to the settle-
ment and advantage of Barbadoes ; and if Sir Robert Harley make
application to the King, his Majesty will forbear any determination
until his Lordship's reasons and answers have been heard. 1 p.
[Dom. Entry Bk., Chas. II., Vol. XIV., p. 20.]
701. Warrant to the Mayor, Recorder, Aldermen, Justices, and
Sheriffs of Exeter, and to the Keeper of the prison. Whereas
Richard Tilley, baker of Exeter, a condemned prisoner in their
custody, was always of honest conversation, and behaved as a good
subject in his Majesty's father's service, and has petitioned to be
banished out of this kingdom ; his Majesty hereby requires them
to send said Richard Tilley to Jamaica or any other his Majesty's
Foreign Plantations, there to remain banished. 1 p. [Dom. Entry
Bk., Chas. II., Vol. XVII, p. 28.]
702. Proceedings in the House of Commons on the reading by
Mr. Clifford of the report of the Committee for Trade. Wherein it
was resolved that the several wrongs, dishonours, and indignities
done to his Majesty by the subjects of the United Provinces, by
invading of his rights in India, Africa, and America, and the
damages, affronts, and injuries done by them to our merchants, be
reported to the House as the greatest obstruction to our foreign
trade, and that the House would support ^the King with life and
fortune against all opposition. A conference thereon was desired
with the Lords and Mr. Clifford and others appointed to manage it.
[Dom., Chas. II., Vol. XCVIL, No. 15, Gal, p. 562.]
703. Petition of Edward D'Oyley, late Governor of Jamaica, to
the King. Petitioner lying under the discouragement of the late
evil times for his known principles of loyalty, accepted the command
of a regiment of foot in the late expedition against Jamaica, which
being brought into the power of the English he remained there
several years a colonel, until the death of Colonel Bryan, when he
198 COLONIAL PAPERS.
1664.
was unanimously chosen Governor. This office petitioner continued
to hold during the life of Cromwell, at whose death petitioner was
compelled to inflict punishments upon mutinous and seditious
persons to prevent anarchy, but being then without the formality
of a Commission, petitioner is liable to be called in question for
same. Prays for his Majesty's grant of pardon for all treasons,
murders, felonies, and misdemeanors committed from the time
petitioner was made Governor until 1 June 1661 when he received
his Majesty's lawful Commission. Signed by the petitioner ; also
a draft of the same petition with corrections. 2 papers, \Col.
Papers, Vol. XVIII., Nos. 43, 44.]
April ? 704. Warrant to prepare a bill for the King's signature to pass
the Great Seal, containing a grant of pardon in the terms requested
in Col. Doy ley's petition, with non obstantes of the Statutes 13
Ric. II. and 10 Ed. III., and such other clauses as shall be requisite
to make the pardon most full and effectual. Draft with corrections.
The pardon is dated May 5, see No. 734. 1 p. [Col. Papers, Vol.
XV III., No. 45.]
April 23. 705. Copy of the preceding. [Dom. Entry BJc., Chas. II., Vol.
XVI., p. 106.]
1664 ? 706. " Considerations in order to the establishing his Majesty's
interests in New England." The King judging it convenient for
his interests in New England to accept the surrender of Mason's
patent for the Province of Hampshire on conditions already agreed
upon, and Ferd. Gorges being in treaty for the surrender of his
patent for the Province of Maine, it may be necessary that their
surrenders and what is to be done in order thereunto be forthwith
prosecuted. That Commissioners be sent with instructions to enable
them to effect what is intended by the King. That they proceed
first to Portsmouth, Province of Hampshire, where are very many
persons, some of great estates, well inclined to admit the King's
interests there, and the generality well affected as far as they can,
being lately oppressed by the more potent corporation of the Massa-
chusetts. That they make known to the best inclined persons in
the Provinces their commission, and that the King hath now a pro-
priety as well as a dominion by the surrender of the grants to the
ancestors of Mason and Gorges, and will employ his care and indul-
gence for their further prosperity. To give a good and secure title
of inheritance to all in possession of lands or tenements and who
desire a confirmation under the King's authority " upon such small
acknowledgments as shall be almost insensible to them that shall
receive so considerable an advantage thereby," paying only the 20th
penny of the present yearly value for rent and one 20th penny by
way of fine. That as soon as they find a fit temper in that people
they then treat about the improvements of trade and the supply of
timber, cordage, tar, &c., and endeavour to show the advantages of a
better confidence and correspondence with England, by their cheerful
submission to the regulations of trade for his Majesty's dominions
and plantations, although by the letter of their grant in their first
infancy they may seem exempted from payment of any customs but
AMERICA AND WEST INDIES. 199
1664.
by their own consents. The encouragements to all who submit to
said regulations, but if any town or province do not submit they will
not be allowed to trade with England or any other colony. The
Commissioners to have power to separate and join others in commis-
sion with them. No applications or demands to be made to Boston
until the King's unquestionable right of propriety to Hampshire and
Maine be in a good measure settled. To aim at and obtain, in this
first attempt, a submission to the King's new right upon those two
Provinces and to the settlement of trade and customs there, although
the Massachusetts may perhaps not be so soon brought to it, after
which instructions may be framed for the Commissioners ; " and
whilst they shall be found not to intermeddle with their government
or matters of religion, the stiff and factious party will want preten-
sions for stirring up the people to an eager opposition of the fair
and reasonable proceedings of the Commissioners." Arguments upon
the whole matter, " scarce any future accident or state of affairs can
in any probability render the reduction of that doubtful people more
feasible than at this point of time they may be found to be by the
easy methods here proposed, which being rather a means of insinua-
tion than of force cannot put his Majesty's interests there into a
much weaker condition than they are in at present should they fail
of their effect." Lord Clarendon is supposed to be the author of this
Paper, see Palfrey's History of New England, II,, 578. 5 pp. [Col.
Papers, Vol. XVIIL, No. 46.]
1664. 707. Estimate of the expenses "relating to the expedition of the
Commissioners to New England." If the number be five to allow
500?. each by way of advance, out of such rents, fines, and customs
or other profits as shall be raised by them out of New England ;
also 300?. for clerks, at the discretion of the Commissioners, and a
further 200Z. for attending the solicitation and despatch of the grants
and fees relating to this affair. Total, 3,000?. A fourth-rate frigate
should be appointed for transporting the Commissioners, and a small
ketch to attend them. The composition to be finished with Ferdi-
nando Gorges. 1 p. [Col. Papers, Vol. XVIIL, No. 47.]
April 23. 708. Commission to Col. Rich. Nicolls, Sir Robt. Carr, Geo.
[Westminster.] Cartwright, and Sam. Mavericke, or any three or two of them, or
their survivors, whereof said Col. Nicolls during his life to be always
one and upon division of opinion to have a casting voice, to visit the
several colonies of New England, and to examine and determine all
complaints and appeals in all causes, as well military as criminal
and civil, and proceed in all things for settling the peace and security
of that country according to their discretions and such instructions
as they receive from the King in that behalf. Copy examined, G.
Palmer. Printed in New York Documents, III., 64, 65. 4 pp.
[Col. Papers, Vol. XVIIL, No. 48.]
April 23. 709. Copy of the preceding, dated by mistake April 25. 3 pp.
Westminster. [Col. Papers, Vol. XVIIL, No. 49.] Also entry of said Commission.
[Col. Entry Bk., Vol. XCIL, pp. 205-209.]
200 COLONIAL PAPERS.
1664.
[April 23.] 710. Draught of the above, but the names are not filled in, and
the last paragraph is omitted. Corrected and indorsed by William-
son. 1 pp. [Col. Papers, Vol. XVIIL, No. 50.]
April 23. 711. Instructions for Col. Rich. Nicolls, Sir Robert Carr, Geo.
Whitehall. Cart wright, and Sam Maverick, Commissioners appointed to visit
Massachusetts. To assure the Governor and Council of the King's
good intentions towards the colony, and that the chief object of
their journey is to remove all jealousies and misunderstandings
caused by the late " confusion." To discourse upon the best means
to reduce the Dutch in Long Island or anywhere within the King's
dominions, and upon the evil consequences likely to ensue, if they be
still allowed to have a Government of their own. To ascertain the
condition of the Indian Kings and Princes, what treaties have been
made and how observed, that no violations may be permitted. To
inquire what has been done towards the foundation and maintenance
of any college or schools. To observe great caution before listening to
accusations against those who are or have been in authority. To
examine into the administration of justice, and to see that no one is
debarred the free exercise of his religion, according to the laws 'of
England. To apprehend all persons who stand attainted of high
treason, and to discover those who have entertained them since the
restoration, that better care may be taken for their future behaviour.
To see that the Act of Navigation be punctually observed, and to
make particular inquiries into the whole frame and constitution of
the Government. Printed in New York Documents, III., 51-55.
8 pp. [Col Papers, Vol. XVII I., No. 51.]
[April 23.] 712. Another copy of the above. 14 pp. [Col. Entry Bk., Vol.
XCIL, pp. 224-237.]
April 23. 713. " Secret instructions for the Commissioners employed by the
King to the plantations in America in and about New England to
be considered and communicated only to themselves." The main
object of their employment is to ascertain the true state of those
several colonies ; to gain the good opinion of the principal inhabi-
tants, so as to lead them to desire a renewal of their charter ; to
secure, in the first place, possession of Long Island, and to reduce
the people to obedience to the King's Government, that the whole
trade may be carried on by the English. To land at Boston, but if
compelled to put first into Long Island, particular instructions are
given for their guidance ; should they not meet with the reception
expected or the assistance required from Massachusetts, they must
visit Connecticut, New Plymouth, and Rhode Island, and try and
get support from thence. To examine carefully the first and second
charters granted b} T Charles I., and any others since granted ; to
inquire into all laws passed during the late usurping Government ;
to be very particular not to give offence to either of the religious
sects ; to frequent their churches and to be present at their devotions.
On the subject of religious controversies they are particularly in-
structed ; " it will not be rational to appear solicitous to make any
change in the matter of religion ; " to press the Governor to call a
AMERICA AND WEST INDIES. 201
1664.
General Assembly, and to do their utmost to have members chosen
who are most inclined to promote the King's service ; the nomina-
tion or approbation of their Governor, and the appointment of the
commander of the militia, " we could heartily wish should be gained
upon them " Dick Nicolls for their Governor, and Colonel Cartwright
for Major-General. Printed in New York Documents, III., 57-61.
10 pp. [Col. Papers, Vol. XVIII., No. 52.]
[April 23.] 714. Another copy of the above. 15 pp. [Col. Entry BTc., Vol.
XCIL, p. 209.]
April 23. 715. The King to the Governor and Council of the Massachusetts
Bay. Having taken very much to heart the welfare and advance-
ment of the plantations in America, and particularly that of New
England, which in truth hath given a good example of industry and
sobriety to all the rest, whereby God hath blessed it above the rest,
and desiring the conversion of infidels and pagans, which ought to
be the chief end of all Christian plantations, the King has thought
fit to send Commissioners to take a view of the good Government
there and receive full information of the true state and condition of
that plantation and of their neighbours on all sides, so that his
Majesty may the better judge what he is to do either for the better
repairing of any thing that is amiss, or the better improving and
encouragement of what is good. The King explains under six heads
his reasons for sending the Commissioners, viz., to discountenance,
suppress, and utterly extinguish all" unreasonable jealousies and
malicious calumnies that the King's subjects in those parts do not
submit to his Majesty's Government, but look upon themselves as
independent upon us and our laws, and that the King has not con-
fidence in their affection and obedience, all which lewd aspersions
must vanish upon this his extraordinary and fatherly care manifested
in the instructions given to his Commissioners. That all the King's
good subjects may know how far his Majesty is from the least inten-
tion or thought of violating or in the least degree infringing their
charter or restraining the liberty of conscience thereby allowed, the
support and maintenance of which the King believes is at present as
necessary as ever, and therefore is very willing to confirm and renew.
That all differences betwixt the several colonies upon their bounds,
limits, and jurisdictions may be composed ; all which will be easily
reconciled by the Commissioners upon the place or by a just deter-
mination upon a matter of right, or representation to the King in
cases of difficulty. That the King may receive full and particular
information of the state and condition of the neighbour Princes, from
some of whom his Majesty has received addresses of great respect,
though not without some complaint or insinuation of injustice or
hard measure exercised towards them from the colonies, to which
Princes the Commissioners will, if necessary, repair in person and
assure them of the King's friendship and protection from injustice
and oppression. That the plantations may be protected from the
invasion of their neighbour nations and the possession of any lands
or territories by them provided against, as the Dutch have lately
possessed lands to the great prejudice of the King's subjects and the
202 COLONIAL PAPERS.
1664.
obstruction of trade, so his Majesty desires they will join and assist
his Commissioners vigorously in recovering his right in those places
now possessed by the Dutch, and reducing them to obedience and
submission to the King's Government, in which case they are to be
treated as neighbours and fellow subjects, and enjoy quietly what
they are possessed of by their honest industry. That the Commis-
sioners should confer with the Governor and Council of the Massa-
chusetts on the subject of the King's former letter of June 28th, 1662
[see ante, No. 314], and their answer of 25th November following,
"of which we shall only say that the same did not answer our
expectation nor the profession made by your said messengers," but
the King makes no doubt the Governor and Council will give him
satisfaction in all he looks for at their hands. Has now imparted
the most important reasons for this extraordinary charge in sending
Commissioners, and doubts not their proper reception and treatment
of them. This letter to be forthwith communicated to the Council,
and a General Assembly called within 20 days and this letter read
to them. Printed in New York, Documents, III., 61-63. 6| pp.
[Col. Papers, Vol. XVI1L, No. 53.]
April 23. 716. Another copy of the above. 8 pp. [Col. Entry Bk., Vol.
XCIL, pp. 195-204.]
April 23. 717. Instructions to Col. Rich. Nicolls, Sir Robt. Carr, Geo.
Whitehall. Cartwright, and Samuel Maverick e, Commissioners for the visitation
of our Colony of Connecticut. To find out the full difference be-
tween them and the Massachusetts, both in their civil and eccle-
siastical estate. " We conceive those of Connecticut to contrive
themselves under the most rigid Presbyterian Government, so that
you will find their neighbours free enough of their censures of them,
of all which you will make no other use than for your own infor-
mation how to govern yourselves." To declare their firm resolution
to maintain the charter, without the least restraint of freedom of
religious opinions. To confer with Mr. Winthrop upon the pretences
of those of Rhode Island, the charter having passed the Great Seal
rather upon the good opinion and confidence the King had in Win-
throp than that the differences were composed on the boundaries.
To inform themselves what was done about the year 1644 in refer-
ence to the purchase of a large tract of ground about the Narrangan-
sett Bay from the chief Sachem, the formal transfer remaining still in
the hands of Sam. Gorton, John Wicks, and Randall Houlden who
inhabit at Warwick in Rhode Island and let the Sachems know
the King will do them justice. If found belonging to his Majesty
then to be called King's Province, and the inhabitants to be left
undisturbed. To inform themselves what encroachments are made
by any foreigners and resolve upon the most effectual means of
reducing them to the King's obedience or removing them. To find
out what Letters Patents have been heretofore granted, and how the
lands so granted are possessed and cultivated, so that if the intention
of said grants have not been pursued the King may " avoid " the
same. To inform themselves what ironworks are already erected,
the conveniences for others, the nature of the ore, &c. And of the
AMERICA AND WEST INDIES. 203
1664.
discovery of any mines of gold or silver, so that the King may
receive the fifth part as reserved by their charter. Printed in New
York Documents, III., 55, 56. 5 pp. [Col. Papers, Vol. XVIII.,
No. 54.]
[April 23.] 718. Another copy of the preceding. 6 pp. [Col. Entry Bk.,
Vol. XCIL, pp. 238-243.]
April 23. 719. The King to the Governor and Council of Connecticut.
Has sent his Commissioners according to the resolution declared to
Mr. Winthrop when the King renewed their charter, and makes no
question said Commissioners will be respectfully received by them.
Their liberties and privileges, whether ecclesiastical or civil, the
King will not sufier to be violated in the least degree, which is the
principal business of the Commissioners, as likewise to take care
that the bounds and jurisdictions of the several colonies there -may be
agreed upon, and^especially that the natives receive justice and civil
treatment. 1 p. ' [Col. Papers, Vol. XVIIL, No. 55.]
April 23. 720. Another copy of the preceding. 1 pp. [Col. Entry Bk.,
Vol. XCIL, pp. 245, 246.]
[April 23.] 721. An additional instruction to the Commissioners as above.
To observe so much of their instructions for the Massachusetts and
Connecticut as may be applied to New Plymouth and Rhode Island,
referring other things to their own discretion, only as to Rhode
Island to let them know the Commissioners have a present of two
rich scarlet cloaks from the King to the two Kings who expressed
so much affection to his Majesty upon the delivery of their charter.
1 p. [Col. Entry Bk., Vol. XCIL, p. 244.]
April 23. 722. The King to the Governor and Council of New Plymouth
in New England. Need not enlarge upon his care and affection in
sending Commissioners to visit them, that his Majesty may have a
full account of their present condition and how it may be improved
by any further acts of grace and favour from the King to them.
Will no more suffer them to be oppressed by any foreign powers or
ill neighbours than his Majesty will other of his subjects, so is the
King's care no less that they should live amongst themselves and
with others as become subjects born under the same Prince and in
the same country and of the same faith and hope in the mercies of
our Lord and Saviour Jesus Christ. Has referred all differences as
to bounds and jurisdictions of their several colonies to said Com-
missioners. Their late address gave his Majesty good satisfaction
and leaves no doubt that they will receive these Commissioners as
becomes them, who will let them know the King's resolution to
preserve. all their liberties and privileges without the least violation.
2 pp. [Col. Papers, Vol. XVIIL, No. 56.]
April 23. 723. Another copy of the preceding. 2 pp. [Col. Entry Bk.,
Vol. XCIL, pp. 248, 249.]
April 23. 724. The King to the Deputy Governor, Governor, [sic] Assistants,
and Freemen of Rhode Island and Providence Plantations. Acknow-
ledges their thanks for their charter in their letter to the Lord
204 COLONIAL PAPERS.
1664.
Chancellor. Assures them of the continuance of all their liberties
and privileges, without the least violation and of his Majesty's favour
towards them upon all occasions. The King has according to his
purpose often declared to them, sent his Commissioners to visit
his several colonies of New England, to hear all complaints and
reduce all things there to the rules prescribed in the several
charters, and in the point of bounds to put an end to all differences,
and in case of contradictions in said charters to settle some agree-
ment by mutual consent, in case of great difficulty to refer same to
his Majesty. 2 pp. [Col Papers, Vol. XVIII., No. 57.]
April 23. 725. Another copy of the preceding. 2 pp. [Col. Entry Bk.
Vol. XCIL, pp. 246, 247.]
726. Mem. for a Privy Seal for the payment of 8001. to George
Cartwright, for the use of the King's Commissioners employed for
the visitation of the Colonies in New England. [Col. Papers,
Vol. XVIII., No. 58.]
[April.] 727. Petition of Sam. Mavericke to the King. Acknowledges the
King's favour in appointing him one of the Commissioners for New
England, and to have received 250?. towards his setting forth, but
having expended at least 5001. prays that the Royal bounty may
be extended to him somewhat further. [Col. Papers, Vol. XV II I.,
No. 59.]
April 26. 728. Commission to Capt. Thos. Owen to raise and arm 100 men
in England, to be employed in the service of the Royal African
Company, with officers fit for transporting them into Africa. \ p.
[Dom. Entry Bk., Chas. II., Vol. XX., p. 13.]
April 28. 729. Commission to Sir Ellis Leighton and Joseph Williamson to
take charge on the King's behalf of the moiety or half part reserved
to the King of all forfeitures or prizes of ships, negro slaves, goods,
wares, or any merchandise seized by the Royal African Company,
they having by Letters Patent the right to make seizure of all such
goods carried to places mentioned in their charter, and to reserve
one half of such prizes to themselves, paying over the other half to
his Majesty. [Dom., Chas. II., Vol. XCVIL, No. 57, Cal. p. 571.]
April 29. 730. Warrant to pay to Col. Win. Legg, lieutenant of ordnance,
the sum of 2,02H. 12s. 9d. for furnishing the plantation of New
England with ordnance. [Dom , Chas. II., Docquets, Cal., p. 573.]
April 29. 731. Petition of the Council and Assembly of Nevis to Francis
Lord Willoughby, Governor of Barbadoes and the rest of the
Caribbees. Acknowledge the blessing of God in the almost mira-
culous restoration of King Charles the Second, " whose appearance
like the rising of the sun soon dispelled all. those condensed fogs
of malignity and oppression in that almost depraved nation."
Complain that whereas they "^formerly enjoyed freedom of trade
with all nations in amity with his Majesty, they are now debarred
from same, by the self-driving interest " of some not well affected
to our well being." Many of the meaner sort were wholly em-
ployed in the manufacture of tobacco, whereon they lived com-
AMERICA AND WEST INDIES. 205
1664.
fortably, but now that supplies come only from English ports where
tobacco is no commodity, and not being able to produce sugar, they
are forced daily to desert the island. Beg his Excellency to intercede
with his Majesty for their re-enjoyment of their former freedom of
trade, so they may transport their goods to any country in amity with
England, whereby they conceive his Majesty's revenue by customs
may be much augmented, and his Majesty's poor subjects encouraged
to continue their stations. Signed by Jas. Russell, R. M. Russell,
John Procter, Mich. Smith, Walter Symonds, Fra. Kaynell, William
Freman, Rob. Trevethick, Dav. Nowell, Daniell Lanhukner (?), Albine
West, and Geo. Gardyner of the Council ; and by Fra. Morton, John
Jenkins, John Smith, Rob. Overton, William Childes, Roger Earle,
Thomas Bartlet, John Bade, and John Hughes of the Assembly.
? inclosure to No. 804. 2 pp. [Col. Papers, Vol. XVIII., No. 60.]
April 29. 732. The Assembly of Nevis to Francis Lord Willoughby. Jointly
Nevis. submit to his Majesty as their Proprietor and to his Excellency as
his Majesty's Lieutenant, and pray him to accept this their acknow-
ledgment of 4|- per cent, to his Majesty, during the term of his
commission, out of which they supplicate that his Majesty's forts
and standing guards may be maintained. Signed by John Jenkins,
Francis Morton, John Hughes, Robert Overton, John Bade, Roger
Earle, John Smith, Willm. Childes, Willm. Howard, Francis Summers,
Thomas Bartlet, and Joseph Grover. 1 p. [Col. Entry JBL, No. 49,
P. 9-1
April ? 733. Petition of Paul Hobson and Capt. John Gregory to Sec.
Bennet. To remind the King of their petition for leave to go
beyond sea as far as Jamaica, which Sir John Robinson presented
five weeks ago, and reported to have been well received. [Dom.,
Ckas. II., Vol. XCVII., No. 81, Cal, p. 574.]
May 5. 734. Pardon to Edward D'Oyley of all treasons, felonies, and
misdemeanors, by him committed in Jamaica before June 1, 1661,
with other clauses requisite and usual. [Dom., Chas. II., Docquet.]
May 6. 735. Petition of Wm. Duke of Hamilton and Ann Duchess of
Hamilton to the King. That the Council at Plymouth bargained
and sold to petitioner's father, James Marquis Hamilton, his heirs
and assigns, a portion of the main lands in New England called
the county of New Cambridge, with several other lands and privi-
leges. Since which time, by reason of the late war, several persons
have possessed themselves of the best and most considerable parts of
the said lands without any acknowledgment of petitioners' right.
Pray that the premises be recommended to the Commissioners for
New England, and care taken that petitioners be restored to their
just right. With reference to said Commissioners to examine the
allegations and restore the petitioners to their just rights and
interest, or otherwise to report their opinion. Annexed,
735. I. Report of the Commissioners Ric. Nicols, George Cart-
wright, and Samuel Mavericke, to the King, on the above
206
COLONIAL PAPERS.
May 6.
May 7.
On board the
Jersey,
Cape Coast.
1664.
petition. They cannot find that any servant, agent, or planter
was ever sent over by said James Marquis of Hamilton, to take
possession of any part of said patent, or that it was ever
known there that any such patent was granted to said Marquis.
But they find that the land contained in that patent has been
granted in part to the Massachusetts as they pretend, part to
the colony of Connecticut, and part to Rhode Island. The
10,000 acres which were to be had at the head of Sagadahock,
in the eastern parts, they cannot find out, for that river hath
two great streams that feed it, whose heads are not yet known,
neither can they hear of any land that Edward Lord Gorges
had in these parts, by which those 10,000 acres were to have
been set out. Together 2 pp. [Col. Papers, Vol. XVIII. ,
Nos. 61, 62.]
736. Copy of preceding petition and reference. \Dorn. Entry Bk.,
Ckas. IL, Vol. XVIII. , p. 49.]
737. Orders of a Council of War held on board the Jersey, in the
Road of Cape Coast. That there be put into the castle of Cape Coast
50 soldiers, under Capt. Robert Muschamp, and that Gilbert Beavis,
agent for the East India Company, be desired to be chief factor
there for the Royal Company, for the same salary he had of the
East India Company, or for his friends in England to agree with the
Royal Company, and with two assistants. That masons and car-
penters and materials for repair of the castle be landed, and provisions
and ammunition for six months, before the departure of the fleet.
That whereas upon a fair summons to the Governor of said castle,
then in service of the Netherlands West India Company, to surrender
to the Royal Company, they made no reply, and the English were
necessitated to employ force, and agreed that merchandise found
there should be equally divided between the inhabitants and soldiers ;
resolved that each ship that landed men appoint an officer for distri-
bution, and that 20 shares be reserved, of which six to Capt. Robert
Muschamp, four to Lieut. Hammond, four to Henry Clarke, and the
other six to wounded men and others. That after Cape Coast is
victualled and manned six men and victuals for six months be sent
to the castle of Anta if it be spared. That whereas the forts of
Anamabo and Adia, between the Royal fort of Inashang and castle
of Cormantin, are still detained by the Netherlands West India
Company, a speedy course be taken for reducing them. That with
all possible expedition the Britain frigate, Capt. Philip Cowne, be
dispatched for England, with letters to the Royal Company. Signed
by Robt. Holmes, Joseph Cubitt, Fran. Selwyn, R. Lister, Charles
Talbott, Peter Bowen, Peter Braithwaite, Peter Marett, Robert Fenne,
Philip Cowne. Indorsed, " Result before Cap Corso." 2 pp. [Col.
Papers, Vol. XVIII., No. 63.]
May 10. 738. Sir Thos. Modyford, Governor of Jamaica, to the King, His
Barbadoes. Majesty's Royal commands found a heart full of alacrity to embrace
and execute them. Such gracious condescensions, so full of honour
and confidence, challenge no less than the simple resignation of his
AMERICA AND WEST INDIES. 207
1664.
all to his Royal will and pleasure, which by these he humbly sacri-
fices. Earnestly beseeches the Great God to make the same an
acceptable present, whilst in all his actions he appears his Sacred
Majesty's industrious, beneficial, grateful, and loyal subject. Sir
Henry Bennet will present an account of the little progress hitherto
made in his American affairs. Indorsed, Rec. June 5, 1664. Acknow-
ledged July 10. 1 p. [Col. Papers, Vol. XVIII., No. 64.]
May 10. 739. Sir Thos. Modyford to Sec. Sir Henry Bennet [Lord Arling-
Barbadoes.! ton]. Has received his letter of Feb. 22nd, with his Majesty's com-
missions, instructions, and letters. The Westergate arrived April 21st.
Col. Morgan and his family came to Modyford's plantation the next
day ; he had lost his eldest daughter, a lady of great beauty and
virtues, on the tedious voyage, and two more of his family have since
died of a malign distemper caused by the nastiness of the passengers,
which has carried off about 30 of the passengers, whereof 12 were
seamen. This accident has caused most of his passengers to the
number of 1,500 to refuse to embark on that vessel. In spite of his
earnest persuasions to the contrary, Morgan did again put himself on
board with some scores of planters for Jamaica. Has dispatched
enclosed commission, letters, and instructions to San Domingo. Has
first sent there as being just in the way, and employed a noted
Quaker of good temper, skill, and knowledge in merchant affairs,
whose great cunning, searching, and industrious spirit and loyalty to
the King will beget a confidence in Modyford from that party, and
many of that persuasion now go and will come after. This Quaker
has sent for his wife and children from England, and really it may
take off much of the rude roughness of that sect's temper when they
find John Perrott, an eminent preaching Quaker, content for his
Majesty's service to appear in a black satin suit with sword and belt,
and be called captain. Has agreed for a ship with Perrott to trans-
port between 300 and 400 passengers, and intends himself to embark
in three or four days with 400 more. Has given the enclosed com-
missions to some merchants to send on the rest of the subscribers,
about 600 more. May with good reason expect from hence a yearly
supply of 1,000 persons, but they are generally so poor they cannot
pay their passage, which to encourage them should be free. Recom-
mends that this be done by merchant ships, for the Westergate con-
veyed 200 at a cost of 3,000, whilst 300 from hence on the merchant-
man shall not cost 5001. [Sec. Sennet has here written in the margin,
Propose to his Majesty.] His promise of free trade, which is really
one of the chiefest inducements, has not been confirmed in the
instructions, but as it is granted to Lord Willoughby, will govern
himself at present according to his Majesty's intentions, and restrain
Titsall from seizing any [foreign traders] ; but begs for positive
instructions by the very first conveyance. Will show how his
Majesty's revenue may be very considerably increased in these parts
by drawing a parallel betwixt Jamaica and Barbadoes. Barbadoes
contains 100,000 acres, worth from 10L to 201. per acre, and loads
10,000 tons of shipping. Jamaica, therefore, with 7,000,000 of acres,
will be of great value if well peopled. Advises (1) that his Majesty
be prodigal in granting the first million of acres, allowing 30 acres
208 COLONIAL PAPERS.
1664.
per head to white or black ; (2) that land be reserved for those who
promise to bring out more people ; (3) that until the said million be
reasonably filled and planted the following additional privileges be
granted : (1) freedom from custom in England on exports for
Jamaica ; (2) trade with all nations in amity with the King ; (3)
free passage to servants in]the Caribbees ; (4) more strict injunctions
to Lord Willoughby in the matter ; (5) the great men of England to
be obliged to settle plantations there ; (G) the Royal Company to be
obliged to furnish the necessary negroes yearly on easy terms to the
poorer sort of planters ; (7) that the meaner sort of the people that
lie on the parish throughout the three nations be sent thither, and
delinquents sold for five or seven years ; (8) that encouragement be
given to Germans now oppressed by the Turk, and to all other nations,
by making them as free as the English ; and (9) that power be given
for making a coin of the alloy and weight of that of New England,
about Wd. to the English shilling. This would furnish 20,000
trained soldiers and 30,000 inhabitants, and then the most cautious,
whose bags now lye in the dark, will bring them out to improve
their talent in so fruitful and secure a place, for it is an undeniable
truth every shilling now gained from those people is 20s. loss to
his Majesty. Finds his character of Col. Morgan short of his worth,
and shall cherish him as a brother ; he wants the money owing him
from the Exchequer, in order to purchase 30 or 40 blacks to maintain
his wife and seven children. Princes that go not forward go back-
ward, and their Royal growth is safest when least perceptible ; the
well filling this navel (as the Spaniards call it) of the Indies may
notably further this growth. Indorsed, Rec. 5 July, answ rd July 10 th ,
though referred to the Committee of Jamaica for further considera-
tion. Read at the Committee 16 July 1664. 6| pp. Incloses,
739. i. Sir Thos. Modyford to (the Governor of San Domingo).
His Majesty of Great Britain has commanded him to take
charge of his island of Jamaica, and strictly enjoined him
to restrain all his subjects from molesting the ships or
invading the territories of his Catholic Majesty, nothing
being more desirable to his Royal nature than that his
subjects should live in friendly and good correspondence
with all their neighbours ; in order to which his Majesty's
Ambassador is now residing in the Catholic King's court,
well instructed to make all those tenders which may pro-
duce an everlasting friendship betwixt these most glorious
nations. In the meantime let us not only forbear all acts
of hostility, but give each other the free use of our respec-
tive harbours and the civility of wood, water, and provisions
for money. Promises himself by the hands of Col. Theodore
Gary and Capt. John Perrott a reply suitable to the sin-
cerity of what is here written. Aboard his Majesty's ship
Marmaduke, 1664, April 30. Indorsed by Modyford, Copy
of my letter to the Governor of Sta. Domingo.
739. II. Sir Thos. Modyford's commission to Col. Theodore Gary
and Capt. John Perrott. To present his letters to the Pre-
AMERICA AND WEST INDIES. 209
1664.
sident-General of San Domingo in Hispaniola, and to treat
with him touching a good correspondence and commerce
betwixt his Majesty's subjects of Jamaica and those of the
Catholic King in the Indies, according to such instructions
as they shall herewith receive. 1664, April 30.
739. in. Sir Thos. Modyford's instructions to Col. Gary and Capt.
Perrott touching their negotiations with .the Spaniards at
Sta. Domingo. After magnifying his Majesty's power, his
great love of peace, and the settlement of Jamaica, and
how much all friendly proceedings will be for the advan-
tage of both nations, they will obtain discourse with the
inhabitants, and very warily treat with them for a trade
at Jamaica, especially for blacks ; and if they can, persuade
some to come in the ketch to treat with Modyford, offering
to leave hostages as security. If complying, to advise their
correspondents in Carthagena of this amicable overture,
and, if they can, obtain some testimonial from the Governor,
which may be made use of hereafter. Having stayed so
long as the matter may require, they are to order Capt.
Ensom to sail directly for Point Cagway, where Modyford
hopes to meet them. 1664, May 2.
739. IV. Sir Thos. Modyford to Col. Morgan. Has advised the
ablest planters of Jamaica of his coming with a considerable
number of freemen and labourers, and has desired them to
repair to the several ports to hire them, whereby the dis-
orders and ruin which have happened to former passengers
will be prevented. Therefore desires him to put into Port
Morant, Lygonee, Point Cagway, and other ports, to give
opportunity of making contracts with the inhabitants.
None but merchants and traders to be landed at the town
of Point Cagway. Has sent his servant Samuel Conyers
on these ships, to whom let Modyford's one-half of the
prisoners be delivered and his goods and provisions got on
shore. Is confident he will find Sir Chas. Lyttelton very
glad of his coming, and until his own coming, which will
be within 10 days, he is to act with Sir Chas. and the
Council. 1664, May 2.
739. v. Sir Thos. Modyford to Sir Chas. Lyttelton. Has received
[22nd April] his Majesty's commission for the government
of Jamaica, in which Lord Windsor's commission is repealed
and the honourable bearer (Col. Morgan) appointed Lieut. -
Governor ; to both which his loyal compliance cannot be
doubted. The sickness of the Westergate and the number
of planters going with Modyford cause his stay awhile, but
hopes on the Marmaduke, Admiral Stokes, to be with him
within 10 or 12 days. 1664, May 2.
739. vi. Sir Thos. Modyford's commission to Col. Samuel Berwicke,
Francis Raynes, Serj.-Maj. James Beeke, Captains Sam.
Newton, Jeremiah Eggington, and Thos. Modyford, John
Searle, John Hallett, John Rokesby, and Thos. Kendall.
M 605. O
210
COLONIAL PAPERS.
1664.
May 10.
Barbadoes.
May 10.
Barbadoes.
May 18.
Boston.
May 25.
Jamaica.
To treat with any free inhabitants of Barbadoes desiring
to go to Jamaica, to procure ships for their transportation,
and to make any reasonable contracts. 1664, May 10.
739. vil. Sir Thos. Modyford's instructions to Col. Berwicke and
the above Commissioners. To make known the great pri-
vileges his Majesty hath granted to the inhabitants of
Jamaica, which are recapitulated. "I have nothing to
return to you but thanks for the pains you may take
herein and the hopes of those rewards which usually attend
persons that serve so gracious a prince as our Sovereign."
1664, May 10. Together 10 pp. [Col Papers, Vol. XVIII.,
Nos. 65, 65 i., ii., in., iv., v., vi., VIL]
740. Copy of the above letter of Sir Thos. Modyford to Sec. Sir
Henry Bennet. Indorsed by Williamson, Rec. October 7. 6 pp.
[Col Papers, Vol. XVIII., No. 66.]
741. Extract from the above letter of Sir Thos. Modyford con-
cerning the encouragement of a free passage to poor persons who
desire to go from Barbadoes to Jamaica in merchant vessels and not
in his Majesty's ships. Indorsed, Proposals concerning Jamaica
[submitted to the King and the Council for Foreign Plantations],
i p. [Col. Papers, Vol. XVIII., No. 67.]
743. Minute of a General Court held at Boston, being a report of
the proceedings of the Commissioners appointed by the General
Courts of the Massachusetts and New Plymouth Colonies, determin-
ing the boundary line, hitherto undetermined, betwixt said colonies.
That the line stretched from Accord pond upon such a course and so
marked, and so as aforesaid to the White Oak Angle tree, from that
Oak westerly to Neetmocke river as before described, is and shall be
accounted and reputed the true and settled bound line between the
colonies of the Massachusetts and New Plymouth ; and that the line
first drawn from said Angle tree to Accord pond shall not be under-
stood to be the line of division, it being wholly within Plymouth
The length of the whole line is by estimation about forty miles.
Signed by Eleazer Lusher, Roger Clapp, Joshua Fisher, Josiah
Winslow, Constant Southworth, and Robert Hudson. Read in full
coiirt, May 29, 1664. Copy certified by Edw. Rawson, Secretary.
3 pp. [Col. Papers, Vol. XVIII., No. 67*.]
744. Lt. Col. Thos. Lynch to Sec. Sir Henry Bennet [Lord Arling-
ton]. Sir Chas. Lyttelton having committed the Government to the
Council, Lynch was chosen President and made Commander-in-Chief
of the militia and Judge of the island, and on 2nd instant Sir
Chas. sailed hence in the St. John's Head for London. Under Sir
Charles's government the people have become obedient and indus-
trious. They have many hopeful plantations if supplied with
negroes, but the inhabitants do not number more than 5,000 at the
most, and they are taking an exact account to give Sir Thos. Mody-
ford at his arrival. Good store of provisions, and not one person
sick in the whole island. Their settlements being scattered, near
AMERICA AND WEST INDIES. 211
1664.
180 miles along this vast country will be commodious to the new
Commissioners, who will find more than enough vacant land for
planting. People generally pleased with Modyford's coming, and
the more so, as he is of the Lord General's recommendation, who
once before sent the fittest and worthiest man in the world. The
Deputy Governor, Col. Morgan, arrived 3 or 4 days since, and the
Governor is expected in five or ten more days in the Marmaduke,
with 600 or 800 people. The Swallow and Westergate went to
San Domingo, where Col. Gary, C. Hemlock, and J. Perrott obtained
a favourable answer to Sir Thos. Modyford's overtures of peace, but
it is improbable Jamaica will be advantaged by it, for it is not in
the power of the Governor to have or suffer a commerce, nor will any
necessity or advantage bring private Spaniards to Jamaica, for we
and they have used too many mutual barbarisms to have a sudden
correspondence. When the King was restored the Spaniards thought
the manners of the English nation changed too, and adventured two
or three vessels to Jamaica for blacks, but the surprises and irrup-
tions by C. Mings, for which the Governor of San Domingo has
upbraided the Commisioners, made the Spaniards redouble their
malice, and nothing but an order from Spain can gain us admittance
or trade, especially while they are so plentifully and cheaply supplied
with negroes by the Genoese, who have contracted to supply them
with 24,500 negroes in seven years, which the Spaniards have con-
tracted to receive from the Dutch at Curasao, on which cursed little
barren island they have now 1,500 or 2,000. Sec. Bennet may judge
by this whether the Koyal Company had not best sell their negroes
by contract to the Genoese, and whether the best way to get the trade
and silver of America is not to seclude the Flemings out of Africa.
The calling in the privateers will be but a remote and hazardous
expedient, and can never be effectually done without five or six
men-of-war. If the Governor commands and promises a cessation
ind it be not entirely complied with, his and the English faith will
be questioned and the design of trade further undone by it. Naked
orders to restrain or call them in will teach them only to keep out
of this port, and force them (it may be) to prey on us as well as
the Spaniards. What compliance can be expected from men so
desperate and numerous, that have no other element but the sea,
nor trade but privateering. There may be above 1,500 of them in
about 12 vessels, who if they want English commissions can have
French and Portugal papers, and if with them they take anything
they are sure of a good reception at New Netherlands and Tortugas.
And for this we shall be hated and cursed, for the Spaniards call all
the rogues in these seas, of what nation soever, English. And this
will happen, though we live tamely in Jamaica, and sit still and see
the French made rich by the prizes, and the Dutch by the trade of
the West Indies. We hope at last to thrive by planting, and are
sure none of our inhabitants will now go to sea or follow another
C. Mings. Those that were so disposed are long since gone and lost
to us. If Sir Charles has arrived, supposes he has informed Sec.
Bennet how many indignities the French of Tortugas and Hispaniola
have put upon them, and that they infinitely increase and will be bad
2
212
COLONIAL PAPERS.
1664.
neighbours if not timely suppressed. The gold-finding Jew, Senr.
Abram Israel de Pisa, has sailed for England, and left here ore and
directions to find the gold, but we are all infidels, because the miracle
is to be wrought in our country ; we believe he has really found and
cured some little of vanilla and pimenta. The bearer of this, Jacob
Watson May, is Sir "Win. Davison's nephew and agent. 4 pp. [Col.
Papers, Vol. XVIII., No. 68.]
May 28. 745. Warrant to the Attorney-General. Whereas his Majesty
lately granted to Francis Lord Willoughby, of Parham, the Island of
Barbuda, within I7f N. lat., and eight or ten leagues from Antigua,
uninhabited save by cannibals, for seven years from Michaelmas last,
rendering to his Majesty a moiety of the profits thereof ; his Majesty's
pleasure is that he prepare a bill, to pass the Great Seal containing
a grant to John Collins, gentleman, and his assigns, of one half
of the said moiety of said profits for the residue of the said term ;
and also a further grant of said island for 31 years next ensuing
after said term of seven years, rendering to his Majesty, his heirs
and successors, four per cent, of all goods exported out of said
island, together- with the same dues and profits reserved to his
Majesty in Jamaica, see ante, No. 514. f p. [Dom. Entry Bk.,
Chas. II., Vol. XVI., p. 134.]
June 4-25. 746. Minutes of the Council of Jamaica. Present, Gov. Sir Thos.
Port Royal Modyford, Col. Edw. Morgan, Maj.-Gen. John Modyford, Lt.-Col.
Thos. Lynch, Lt.-Col. John Coape, Capt. John Man, Thos. Fuller,
Maj. Robt. Freeman, Maj. Wm. Ivey, and Peter Pugh, Sec. Ordered
that all officers, both military and civil, continue in their offices until
further notice. Lieut.-Gen. Edw. Morgan, Maj.-Gen. Modyford, Capt.
John Man, Major Wm. Ivey, and Sec. Peter Pugh sworn of the
Council. The Governor's oath administered to Sir Thos. Modyford.
Copies of the oaths.
June 6. Lieut.-Col. Thos. Lynch, Col. Sam. Barry, and Lieut.-Col.
Archbold sworn councillors.
June 9. Lieut.-Col. John Coape and Maj. Thos. Fuller sworn
councillors. Capt. John Gaywood and Bartholomew Font sworn
Deputy Marshals. Commission to be drawn empowering Capt.
Rutter to reduce the runaway negroes on the north side. Mr.
Nicolls to be recommended as minister to the parishioners of St.
Thomas', and to have an order from the Surveyor-General for 300
acres in the centre of the parish for him and his successors for ever.
Mr. Sellers, minister, to be recommended to the parishioners of St.
Andrews, and Mr. Howson, minister, to those of St. David's. The
public seal to be delivered into the custody of Lt.-Gen. Edw. Morgan,
Maj.-Gen. Modyford, and Major Ivey, with power to determine any
case of equity or passing of grants. Order of Governor Sir Thos.
Modyford and Council that a commission be granted to Captain
Abraham Rutter to assemble a number of persons for apprehending
certain runaway blacks from Barbadoes who have committed murder
and other felonies upon the north side of the island, and in case
of resistance to slay and kill said slaves. In case any be taken
AMERICA AND WEST INDIES. 213
1664.
who have no proprietors, such negroes to belong to the takers and
their heirs for ever ; and for such as belong to the inhabitants of
Jamaica the takers shall receive 51. reward.
June 11. Similar order. That all subjects of his Catholic Majesty
are to be treated, by the King's commands, as friends and allies, and
prize is not to be made of their ships or goods by virtue of any com-
mission heretofore granted or under any other pretence whatever.
June 25. Capt. Thos. Ballard sworn councillor. 6 pp. [Col.
Entry Bk., No. 34, pp. 91-93, 117-120.]
June 7. 747. Deposition of Stephen Ustick, late commander of James
Island, in the river Gambia. On the 4th or 5th Dec. 1661 Morgan
Facy, commander of Charles Island in said river, gave leave to
Francis Franson de SI uyter, commander of the Black Eagle, belong-
ing to the West India Company of Amsterdam, with Petro Justo
Bacque and Jan Vandervoort, two factors 'from Cape Verd, to
trade in the river, who coming to anchor before James Island, after
having been some time with said Facy, told Ustick they would
give him 1,000 pieces of 8 and goods to the value of 500 pieces of
8, if he would deliver up said island ; that they had brought 30
soldiers to settle there, and that they " had some assurance from
one that had a greater command than this deponent ;" but Ustick
replied that none should command him to betray his trust, that he
scorned both their money and goods, and as long as he had powder
and shot they should never effect their desires ; on which the
Dutch went away to trade at Vintan. Soon after came Capt.
Quick of the Kingsale and Patrick Robertson, factor for the Dutch,
who said it was better to let the Dutch have the island for so much
goods, for if ever any ships arrived from the Royal Company James
Fort would be slighted, but this deponent utterly refused. On
25th Jan. 1662 said factors came again with their former discourse,
saying the negroes would surely cut them off, that the Royal Com-
pany were no more a company, and the Dutch would give him a
ship and provisions to carry himself and his men away. But Ustick
commanded them to depart, or he would proceed against them as
enemies, upon which they went down and stayed two days at
Charles Island. On 19th June 1662 the King of Barra sent word
there were two Dutch ships come over the bar, and he believed
they meant no good to the English. On 21st, when said ships
came within shot t deponent fired to bring them to anchor, but the
wind being strong, they passed by after this deponent had shot 20
guns at them, and they 15 or 16 at the King's flag. Then they
went to Vintan, and declared to Capt. Manoel Vas de Franca and
Manoel Aluris de Britto, the Portuguese Commander-in-Chief and
chief merchant, " that though that young fellow at James Island
was so quick at their coming in, they were resolved to have the
said fort ere they went out," and had 100 men for that business.
On 2nd July they came by again at night, and this deponent fired
at the biggest and shot away her topmast. In December 1661
Justo Bacque gave the King of Barra brandy and linen to war
with the English by land, for he was come with his ship " to rout
214
COLONIAL PAPERS.
1664.
June 8.
June 8.
June 11.
Whitehall.
June 11.
June 13.
"Whitehall.
them out of the river," and once the King attacked Charles Island,
but were repulsed with loss, and after peace was made with the
negroes they declared that the Dutch factor moved them to war,
and promised them great things. 2 pp. [Col. Papers, Vol.
748. Report of Sir Geoffrey Palmer, Attorney-General, in
obedience to the King's commands, on petition of Ferdinando Gorges,
grandson of Sir Ferdinando Gorges [see ante, No. 64]. That Sir
Ferdinando obtained a grant of the Province of Maine, 15 Car. I.,
which he governed for some years without disturbance, and ex-
pended about twenty thousand pounds in the plantation thereof.
That he was in actual service for the King during the unhappy
wars, whereby he was a great sufferer, plundered and imprisoned
several times, and thereby disabled from further expense in carry-
ing on said plantation, and his commissioners forced to return by
the then pretended Commissioners for Foreign Plantations, and so
lost the possession. The inhabitants then petitioned the Governors
of the Massachusetts or bay of Boston to take them under their
Government, which they did, and have continued under their
Government ever since. That petitioner's commissioners since his
Majesty's restoration have endeavoured to take possession of said
Province for petititioner, being heir to his grandfather, but have
been hindered by said Governor of Massachusetts, who required said
commissioners to proceed no further until they had order from the
supreme authority of England, all which is certified. Certified copy
by Michael Brighouse. 2 pp. [Col. Papers, Vol. XVIII., No. 70.]
749. Another copy of the preceding. 2 pp. [Col. Papers, Vol.
XVIII., No. 71.]
750. The King to the Inhabitants of the Province of Maine.
Recites above report of Sir Geoffrey Palmer on petition of Ferdinando
Gorges, grandson of Sir Ferdinando Gorges, touching his title to the
Province of Maine. Has taken the whole matter into consideration
and finds the petitioner's allegations and said report so consonant
that the King has thought fit to require them forthwith to make
restitution of said Province unto petitioner or his commissioners, and
to deliver to him or them the quiet and peaceable possession thereof,
" otherwise that without delay you show us reason to the contrary."
3 pp. [Col. Papers, Vol. X VIII., No. 72.]
751. The King to the Governor of the Massachusetts Colony and
Council of New England. The second letter was directed thus,
To the inhabitants of the Province of Maine in New England. Copy
of the preceding letter. 5 pp. [Dom. Entry Bk., Chas. II., Vol.
XIV., pp. 28-30.]
752. Warrant to the Clerk of the Signet. To prepare a bill to
pass the Privy Seal, authorising and requiring Francis Lord
Willoughby of Parham, Governor of Barbadoes, to deliver to Sir
Thomas Modyford, Bart., Governor of Jamaica, or his assigns, sugars
belonging to his Majesty in Barbadoes to the value of 1,000?., to be
employed towards the finishing of the Great Fort of Jamaica, necessary
AMERICA AND WEST INDIES. 216
1664.
for the security of that island. ^ p. A docquet of this warrant is
dated June 29^. [Dom. Entry Bk., Chas. II., Vol. XVI., p. 150.]
June 15. 753. The King to Sir Thos. Modyford, Governor of Jamaica.
Whitehall. His Majesty cannot sufficiently express his dissatisfaction at the
daily complaints of violence and depredations done by ships, said to
belong to Jamaica, upon the King of Spain's subjects, to the pre-
judice of that good intelligence and correspondence which his
Majesty has so often recommended to those who have governed in
Jamaica. He is therefore again strictly commanded not only to
forbid the prosecution of such violences for the future, but to inflict
condign punishment on offenders, and to have entire restitution and
satisfaction made to the sufferers. 1 p. [Col. Papers, Vol. XVIII.,
No. 73.]
June 15. 754. Entry of the above. 1 p. [Dom. Entry Bk., Chas. II.,
No. XVI., pp. 41, 42.]
[June 15.] 755. Draft of the preceding, with corrections in the handwriting
of Williamson. 1 p. [Col. Papers, Vol. XVIII., No. 74.]
June 15. 756. Petition of the Royal African Company to the King. Have
eight ships with ladings, worth 50,OOOZ., ready to depart for supply
of garrisons and factories along the whole coast of Africa : have
received insolent protests and threats from the Dutch at Castle de
Mina, who propose to put down the English trade by force, and are
said to have sent ships of war that way ; petitioners having laid so
liberally the foundations of the trade for" the good of the nation and
support of the very being of the American plantations (which must
fall with the loss of the African trade through want of negro
servants), pray for the Royal protection, and for a convoy of ships
to protect their intended expedition along the whole coast of Africa
from Cape Verd to Cape Lopez. [Dom., Chas. II., Vol. XCIX.,
No. 83, Gal, p. 617.]
June 16. 757. Grant to John Collins, Gent., of the moiety of the rents
and profits reserved for the Island 'of Barbada, alias Barbuda, in
America, for the residue of the term of seven years, for which it is
granted to Francis Lord Willoughby, with a further grant of said
island for 31 years, rendering yearly four per cent, for all goods of
the production of the island exported, or such duties as shall be
payable for any goods brought from Jamaica. Indorsed, June
the 16th, 1664. See also ante, Nos. 514, 745. [Dom., Chas. II.,
Docquets.]
June 17. 758. Governor Lord Willoughby to the King. A Spanish ship
Barbadoes. had arrived from Cadiz on the part of the Royal African Company
to take 1,000 negroes to the Spanish main, but owing to the short
notice given, the factors had only been able to supply 800. The
captain on being told that he would be allowed, promised to come
again for other trade, which will be beneficial to the island and his
Majesty, who reaps no advantage from the present traffic. Has
obeyed his Majesty's command, and not demanded the tax of 10
pieces of eight on each of these negroes. The money coming in is
216 COLONIAL PAPERS.
1664.
only sufficient to pay the assignments which his Majesty has put
upon his revenue, for paying the creditors of the Earl of Carlisle.
If Lord Willoughby had not had a little credit of his own he could
not have settled Sta. Lucia ; has placed a number of men in that
island of which he hopes to send his Majesty a particular account.
3 pp. [Col Papers, Vol. XVJIL, No. 75.]
June 22. 759. Order of the King in Council Certain reasons of the Coun-
Whitehail. c il of Barbadoes having been presented by William Willoughby
against the grant under the Great Seal of England, of the Provost-
Marshal's place to Fras. Cradock for life, Capt. George who brought
same from Barbadoes is ordered to attend the Attorney-General
with said reasons, who will report to the Board his opinion thereon.
Annexed,
759 I. Reasons of the Council of Barbadoes against Mr. Cradock's
appointment. That the Provost-Marshal is in nature of
a sheriff, and he ought not, therefore, to continue in office
beyond one year. Unless the Provost-Marshal give proper
security there will be no remedy against his or his deputy's
acting unfaithfully ; and claiming under the Great Seal,
he conceives himself not obliged to give such security.
If these officers are not accountable to the authorities in
the island, they will grow careless and neglect their duties.
759 II. Report of Sir Geoffrey Palmer, Attorney-General, to the
King. Finds that by Letters Patent of 2 Aug. 1660 the
office of Provost-Marshal'General of Barbadoes was granted
to Fras. Cradock for life ; also that by Letters Patent of
12 May [mistake for June] 1663 Fras. Lord Willoughby
of Parham was appointed Governor of Barbadoes and all
the Caribbee Islands, with power to make sheriffs and
other officers there, and orders and ordinances as near as
may be to the laws of England. It is alleged on behalf
of the Governor and Council that the authority claimed
by said Cradock is the same in substance with the office
of sheriff in England, and that the office of sheriff is dis-
tinct from the office of Provost-Marshal, and that pro-
cess of law ought to be executed there by the sheriff,
which allegations said Cradock doth deny. Certifies that
the laws of England take no notice of a Provost-Marshal,
who is a military and not a civil authority, and did never
execute process of law, but what the use has been in
Barbadoes, and whether it be convenient to put the power
of executing process there into the hands of a Provost-
Marshal, is proper to be informed from the place. Con-
ceives however that it being a new plantation his Majesty
might dispose the power of executing process at his plea-
sure. Indorsed, June 26, 1665, "Appointed to be heard
the second Council day in Mich 8 term." Together 3 pp.
[Col. Papers, Vol. XVIII., Nos. 76, 77, 78.]
[June 23.] 760. Petition of Benjamin Bueno de Mesquita, a Portuguese
merchant resident at Jamaica, to the King. That by a late Act
AMERICA AND WEST INDIES.
217
1664.
of Parliament petitioner as a foreigner is prohibited from trading
to his Majesty's plantations, to his utter ruin, he having all his
estate there. Prays for Letters Patent making him a free denizen,
and so drawn that he may take the oath of allegiance there.
With reference to the Attorney-General. And on same leaf. Report
of Sir Geoffrey Palmer, Attorney-General, to the King. That he
has considered this petition and conceives his Majesty may legally
grant the same, 1664, July 5. 1 pp. [Col. Papers, Vol. XVIII.,
No. 79.]
June23.
[Dom. Entry Bk., Chas. //., Vol.
June 26.
Port Royal,
Jamaica.
761. Entry of the preceding.
XVIII., p. 68.]
762. Joseph Martyn to Sec. Bennet [Lord Arlington]. Is writing
by Thomas Clifford's commands. Governor Sir Thos. Modyford
arrived on the 7th inst. [sic, ? 1st inst.], with the Marmaduke,
Capt. Stokes, and another ship from Barbadoes, with 700 planters,
who are very well pleased with the country. It was formerly
supposed that private men-of-war going out from this harbour
did much obstruct planting ; their commissions being now repealed
they will no longer be able to impede it. His Excellency has been
very studious in endeavouring to procure trade with the Spaniards,
but the Governor of San Domingo has only given leave for the ships
to water and careen in Spanish ports. Not above three of the
privateers have as yet brought in their commissions. Instances
the ill resentment of the Spaniards against trade with the English,
nevertheless his Excellency powerfully invites them. The privateers
are a little discouraged by the peace ; one has captured a vessel
bound from Jamaica to Holland. Indorsed, Per the Nicholas
of London. 1 p. [Col Papers, Vol. XVIII., No. 80.]
763. Capt. A. Vandiemen Swart to Lord Windsor. Received
orders to return, but has been 17 months at sea with very bad
success, cables and anchors lost, sails worn, and was not able to put
to sea; now Sir Thos. Modyford has taken the frigate for his
Majesty's service. [Dom., Chas. II., Vol. XCIX., No. 137, Gal,
p. 626.]
June 27-29. 764. Gov. Lord Willoughby to Sec. Lord Arlington. Has just
returned from the Leeward Isles, suffering much from the gout,
which he shuffled off during his voyage ; and will give more particu-
lar account of the settlement of the King's business, the payment of
4|- per cent in goods, for they have no money, and the encroach-
ments of the French in the islands, when he is able to sit up. Has
furnished Sir Thos. Modyford with about 800 people, who sailed
with them himself, but makes it his humble request that he will
divert his Majesty from giving any more such orders, for it is not
beginning at the right end to improve his interest in these parts,
for he doth but take out of his right pocket to put into his left.
Europe is the magazine of people, and from thence his Majesty ought
to send them a constant supply every year. It has been found by
woeful experience, that in all new settlements whither people are
removed from the old ones, 10 die for one that comes fresh and raw
June 26.
Jamaica.
Barbadoes.
218 COLONIAL PAPERS.
1664.
out of Europe ; must refer to the physicians for the reason. Refers
to the cases of Santa Cruz, settled by the Earl of Marlborough, and
Jamaica by the usurper 0. Hears of some in England trying to
get grants, but without the King's special order he will stop all such
cries ; let them be obliged to settle with men out of Europe. Has
almost run himself out of breath, but now returns his most humble
thanks for his favours and friendship which his brother assures him
of, and he needs with as great satisfaction as the first night he went
to bed to his mistress.
June 29. The ship having stayed longer than she expected, some
more strength has come to him, by which he can use his pen himself,
to inform him of one most necessary particular, viz., that some able
and honest lawyer be sent out with a suitable salary to be Lord
Chief Baron of the Court of Exchequer, which Lord Willoughby has
erected here ; for since Sir Thos. Modyford's departure, the judges,
being all planters, through ignorance and timorousness, neglect the
King's business. An able person should also be sent to prosecute as
the King's attorney, for those on the island are mostly broken
attornies who have either committed some misdemeanor for which they
could not stay in England, or else could get no practice there. De-
sires a warrant for granting patents for these places according to his
commission. 3 pp. [Col. Papers, Vol. XVIII., No. 81.]
June 28. 765. Col. Edward Morgan to Sec. Bennet [sic]. Would not
Port Royal, have troubled his seriousness with this second, were he not assured
that his first had been taken by one of the pirates from this place, the
number of which he fears will very much increase by this inhibition
of privateers. There are 14 or 15 sail still abroad who will not come
in unless it be to lead the enemy in upon us, which is easily done,
they being 2,000 or 3,000, we having not so much fortification as to
lodge 100 men. Believes no place in the world hath been so much
" let at perdu " as this place, and will now be a great deal more, for
we have nothing but the bodies of men dispersed near 150 miles
asunder to resist. The privateers do not now hinder the planters at
all, since it is not permitted to send any more out of the country,
but are a great security, and it is very necessary to continue them
till the land is better settled. Near 1,000 came down with our
incomparable Governor, and believes as many more will follow with
his lady. Has related to his Majesty his great punishments, and
hopes his plantation will soon afford something for acknowledging
his favours. In the Westergate they took a privateer; another
under Captain Swart has come in voluntarily ; and a third with a
Spanish prize ; but the rest he warrants will keep aloof, unless it be
to do us a mischief. Indorsed by Williamson, want of fortifica-
tions, usefulness of privateers, desires your Honours' protection.
Answered Nov. 12th, 1664. 2| pp. [Col. Papers, Vol. XVIII.,
No. 82.]
June 28. 766. Petition of Thomas Lord Windsor to the King. According
to his instructions, contracted with the Royal [African] Company for
300 negroes at 201. per head, but not being delivered within the
time appointed, petitioner was occasioned several expenses more
AMERICA AND WEST INDIES. 219
1664.
than his Majesty's (allowance ?). Desires his accounts may be
examined. Referred to the Lord High Treasurer and Lord Ashley,
Chancellor of the Exchequer. p. [Dom. Entry Bk., Chas. II.,
Vol. XVIII., p. 68.]
June 30. 767. Sir Thos. Modyford to Sec. Bennet [Lord Arlington]. Has
Jamaica, been here about 30 days ago, during which time has viewed the
country. Finds it very healthful and pleasant, and divided into
pastures, woods, and rivers. The people generally settled about the
first, which would yield great profit if well stocked ; grass for 100,000
cattle is thus lost, but their cattle is the fairest in the world. Those
who came with him have pierced into the heart of the island, which
is as good land as the Cliff in Barbadoes, and their remaining friends
there will need no other invitation. Has published his commission,
and filled up his Council to 12. Was received with the utmost kind-
ness, and his flatterers say he has seen more of Jamaica in a fort-
night than all his predecessors saw during their reign. Has settled
to the general contentment of the people his abode at the Town
instead of at the Point, which could not be reached without passing
six miles by water and was an uncertain, tedious, costly, and intoler-
able grievance to the country. Is now settling the courts of justice
and militia. The envoys to San Domingo were very courteously
received, and promised all kindness imaginable. Encloses English
copy of the Governor's letter ; is now preparing a despatch for
Carthagena. 987 persons came with him in the Westergate, Bless-
ing, Marmaduke, and Swallow ; many more would have come had
Modyford had conveyance for them ; all these were persons out of
debt and mostly belonging to composed families and are now plant-
ing apace, having been set down where they desired to plant ; they
are very healthful and well contented with the soil they manure.
Doubts not his Majesty will find a speedy change both of reputation
and returns from this place. Found Capt. Swart with the Griffin
without men and money, and his vessel impossible to go to sea.
Has presumed to fit her up on his Majesty's account, and will if he
can get men, send her to Barbadoes to carry the inviting news and
bring down his wife with the rest of his family, being resolved
thoroughly to execute his Majesty commands or perish. Is per-
suaded by this time that orders have been sent to Barbadoes for
payment of the passages on the Blessing at 250 Ibs. sugar per head,
and that Sec. Bennet will intercede for payment to the Royal Com-
pany for those on the Marmaduke at 30s. per head, that it may not
lie on him as a too severe reward for the forwardness of his service
in procuring so many to go with him. Has made the enclosed
publication against privateers in pursuance of his Majesty's com-
mands, but fears it will drive them to the French at Tortugas, and
turn their forces against this island and all trading with us, which
was in some part effected on Captain Watson, who was surprised
by them at Bluefields Bay. Hears they are 1,500 brave men ; has
therefore thought it more prudent to do by degrees and moderation
what he had resolved to execute suddenly and severely, hoping
to gain them off more safely by fair means and reduce them to
planting, to accomplish which he must somewhat dispense with the
220 COLONIAL PAPERS.
1664.
strictness of his instructions. Has incumbent on him, besides the
public, the settlement of his own private family consisting of eighty
persons. With marginal notes by Williamson. Indorsed, " Rec.
Oct. 7." Incloses,
767. i. Proclamation of Governor Sir Thos. Modyford strictly
charging all his Majesty's loving subjects to treat all the
subjects of his Catholic Majesty as friends and allies, and
not make prize of any of their ships or goods by virtue
of any commission. Port Royal, 1664, June 15. Together
4 pp. [Col. Papers, Vol. XVIIL, No. 83, 83 I.]
July 8. 768. The King's grant and confirmation to the Governor and Corn-
Westminster, pany of the colony of Rhode Island and Providence Plantations in
New England. 20 pp. [Col. Papers, Vol. XVIIL, No. 84.]
July 12. 769. Petition of merchants, planters, and masters of ships
trading to the Plantations to the King. That there is a wicked
custom to seduce or spirit away young people to go as servants to
the plantations, which petitioners abominate the very thoughts
of. This gives the opportunity to many evil-minded persons to
enlist themselves voluntarily to go the voyage, and having re-
ceived money, clothes, diet, &c., to pretend they were betrayed or
carried away without their consents. Pray that persons may be
appointed under the Great Seal who may enter the names, age,
quality, place of birth, and last residence of those desiring to go
to said Plantations, which will be a means to prevent the betraying
and spiriting away of people. With reference to the Attorney and
Solicitor-General to consider what may be done by law, also to call
some of the petitioners before them and report thereon. Whitehall,
1664, July 12. Annexed,
769. I. Report of Sir Heneage Finch that he finds the mischiefs
complained of very frequent, there being scarce any voyage
to the Plantations but some are carried away against their
wills, or pretend to be so after they have contracted with
the merchants and so run away. That a registry of pas-
sengers to the Plantations who go by contract with the
merchant would be a proper remedy. That the King might
by law erect such an office with a small fee annexed, but
it will never be effectually executed without an Act of
Parliament imposing a fee sufficient to recompense the
pains. 1664, July 18. 2 pp. [Col. Papers., Vol XV.,
No. 31, pp. 16, 17.]
1664 ? 770. Memorial of the Lord Mayor and Court of Aldermen to the
Privy Council. That usually for the supply of soldiers to divers
parts and sending of men to the several Plantations beyond the seas
without lawful press, certain persons called " spirritts " do inveigle
and by lewd subtilties entice away youth against the consent either
of their parents, friends, or masters, whereby oftimes great tumults
and uproars are raised within the city to the breach of the peace
and the hazard of men's lives, which being of dangerous conse-
quence the memorialists request their Lordships will take into
consideration and devote some course for the suppressing of them,
AMERICA AND WEST INDIES.
221
1664?
1664.
[July 16.]
July 20.
Pascataway.
July 21.
Pascataway.
either by proclamation or otherwise. \JDom., Clias. I., Vol. CCCGV1II.,
No. 17, Gal, p. 270.]
771. Lady Yarborough [to Williamson. A poor boy of whom she
had care has been stolen away by spirits, as they call them, who
convey such boys to ships for New England or Barbadoes. Begs a
warrant for the bearer whose apprentice he was to search ships
for him. [Dom., Chas. II., Vol. CIX., No. 23, Cal, p. 140.]
772. Proposals to the King and Council to constitute an office
for transporting to the Plantations all vagrants, rogues, and idle
persons that can give no account of themselves, felons who have
the benefit of clergy, such as are convicted of petty larceny, vaga-
bonds, gipsies, and loose persons, making resort to unlicensed brothels,
such persons to be transported from the nearest seaport, and to
serve four years according to the laws and customs of those islands,
if over 20 years of age, and seven years if under 20. For want of
such an office no account can be given of many persons of quality
transported in the late times of rebellion, wherefore in future all
such persons to be registered under penalty of 20?., no person under
12 years of age to be transported unless their friends and relations
shall first personally appear at the office and give good reasons for
the same, half the fines paid by merchants, mariners, or planters
for persons transported to be given to the King, and the other half
to the officers for transport. [Dom., Chas. II., Vol. CIX., No. 83,
Cal, p. 147.]
773. Nine articles of proposals concerning the plantations of
Jamaica, extracted from Sir Thos. Modyford's letter to Secretary
Lord Arlington of May 10, 1664 [see ante, No. 739, also report on
same, No. 784] with marginal notes. Indorsed, The proposals of
the Jamaica Committee, to be returned to the Clerk of the Council.
2 pp. [Col. Papers, Vol. XVIII., No. 85.]
774. Samuel Mavericke to Capt. Thomas Breedon at Boston.
After a tedious voyage of near 10 weeks, two of their ships arrived
here this afternoon where they hourly expect their other two ships,
the Guinea, Capt. Hyde, and the Elyas, Capt. Hill. As they were
ready to come in, there went out a pink, taken as a prize by a ship
of Jamaica, but by authority of the Governor of Massachusetts,
seized upon by Capt. Oliver, and carried for Boston. Shall desire
him to advise the Governor and Council to take care how they
dispose of things out of their bounds, his Majesty's Commissioners
being at length come into these parts. Longs to see him, their stay
being only for a little water and their other ships, when they must
go for their appointed port in Long Island. P.S. A letter at the
same time sent to Mr. Jordan from Mr. Mavericke, intimating his
arrival and desire to see him, and another to Major-Gen. Denison
to the same effect. 1 p. Printed in New York Documents, III.,
65. [Col. Papers, Vol. XVIII., No. 86.]
775. Samuel Mavericke to the Honourable William Coventry.
Embraces the first opportunity to acquaint him with the particulars
222 COLONIAL PAPERS.
1664.
of their voyage. Not only met with cross winds, but very bad
weather, yet all the ships kept company till the 13th instant they
lost the Guinea, and since the 16th have not seen the Elyas. Have
put in here to recruit with water, and in expectation to [meet the
rest of their fleet ; yet if they come not suddenly, will hasten for
Long Island. Has more than hopes that all things in these parts
will prove very successful for his Majesty and his Royal Highness'
service and interest. Printed in New York Documents, III., 65,
66. 1 p. [Col. Papers, Vol. XVIII., No. 86.]
July 23. 776. Sir Robert Carr and Col. Samuel Mavericke to John Rick-
Pascataway. b e ll. Desire him to make all convenient haste to his habitation
in Long Island, and as he goes acquaint such as are affected for
his Majesty's service that some of them are arrived, and shall all
suddenly be in Long Island; and that readiness to promote his
Majesty's interest shall be much taken notice of. P.S. A warrant
under the same hands to press a horse for Mr. Rickbell, if occasion
should be, he paying for the hire. Printed in New York Docu-
ments, IIL, 66. p. [Col. Paper*, Vol. XVIII., No. 86.]
July 28. 777. Minutes of the Council of Jamaica. Ordered that Mr. Noy
St. Jago-de-ia- g to the Vermexales negroes, with Bryan for his interpreter, to
Vega< know whether they will accept Sir Chas. Lyttelton's articles, and
when they will come in. Noy to receive 201. for his pains, and
Bryan 10?., besides 51. for going to the negroes formerly. 1 p. [Col.
Entry Bk., No. 34, pp. 120, 121.]
1664? 778. Petition of Robt. Reed, merchant of Bristol, to the King.
July ? Finding a great scarcity of horses in Barbadoes, which is prejudicial
to his Majesty's affairs, and a discouragement to his subjects there,
prays for license to transport thither 100 geldings. 1 p. [Col.
Papers, Vol. XVIII., No. 87.]
1664. 779. Licence to Robert Read to transport 100 geldings to
July 29. Barbadoes from any port of England. p. [Dom. Entry Bk.,
Chas. II., Vol. XVI., p. 194.]
July ? 780. Col. Nicolls to [the Governor and Council of the Massa-
chusetts]. Sends copy of Commission from the Lords Commissioners
of Prizes, wherein he is empowered as one of the Sub-Commissioners
for New England whilst his Majesty shall be in hostility with the
Dutch. Requests them to give strict orders in reference to the
seizure of Dutch vessels or goods which shall be brought into any of
their ports. Printed in New York Documents, III., 67. 1 p.
[Col. Papers, Vol. XVI II., No. 88.]
Aug. 3. 781. Remonstrance of the Governor, Council, and Burgesses of
Virginia to the King. Setting forth the meeting of the Commis-
sioners for Virginia and Maryland for lessening the planting of
tobacco in both colonies, according to his Majesty's instructions and
the agreement that was concluded between them, which the Assembly
of Maryland have utterly rejected, and beseeching his Majesty to
take the same into his consideration. Signed by Sir William
Berkeley, Governor, and Robert Wynne, Speaker. Indorsed, " Reed.
AMERICA AND WEST INDIES. 223
1664.
8th August, read in Council 10th August 1664. 1 p. [Col. Papers,
Vol. XVIII., No. 89.]
Aug. 10. 782. Minutes of the Committee for the affairs of Jamaica, on the
nine articles of proposals concerning the peopling of Jamaica,
extracted from Governor Sir Thos. Mody ford's letter of 10th May
last [see ante, No. 739]. 2 papers, one in the handwriting of Sec.
Bennet. 1% pp. [Col. Papers, Vol. XVIII., Nos. 90-91.]
Aug. 10. 783. Minutes of a report of the Council appointed a Committee
for the affairs of Jamaica on the above proposals of Sir Thos. Mody-
f ord. Some of said articles of proposals are not to be yielded to,
some nothing said thereupon, and denied, and others altered and
found reasonable. See next abstract. 1 p. [Col. Papers, Vol. XVIII.,
No. 92.]
Aug. 10. 784. Report of the Committee of the Privy Council for the
affairs of Jamaica on the above-mentioned nine articles of proposals
by Governor Sir Thos. Modyford. Article 1. That the King be
prodigal in giving away the first million of acres, allowing 30 acres
per head to men, women, and children, white or black, agreed.
2. Grants to be limited to 30 acres per head and planted within
three years, under a penalty of I2d. per ann. per acre. 3. Freedom
from custom on goods : denied ; trade to be allowed only with the
Spaniards in American commoditites. 4. More strict directions to
be given to Lord Willoughby to encourage it : denied. 5. The great
men of England to be obliged by his Majesty's example to settle
plantations there : no remarks. 6. The Royal Company to be
obliged to furnish negroes : recommended and their answer desired.
7. That the meaner sort of people and children that lie on the
parish, as also delinquents, fit subjects of mercy, be transported
thither : the former cannot be complied with, of the latter care is
already taken. 8. That encouragement be given to Germans and
others by making them free denizens only within the island : this
is reasonable, and in some degree provided for in the Governor's
instructions. 9. For power to coin money : denied. Upon the two
propositions for allowing 1,200Z. for transportation of passengers and
the appointment of a person to defray expenses of same from
Barbadoes to Jamaica, the King's pleasure is to be known. 2 pp.
[Col. Papers, Vol. XVIIL, No. 93.]
Aug. 10. 785. Gov. Sir Thos. Modyford to his brother [Sir James Mody-
Jamaica. ford]. Thinks this better than to write directly to the General
[Duke of Albemarle], for now he can offer what he thinks fitting.
Annexes,
Considerations touching Jamaica, presented by Sir Thos.
Modyford, with his desires thereon. It is calculated that
5,160?. 10s. will finish the fort at Port Royal, and 1,648?. per
ann. maintain it, besides a constant supply of ammunition ;
it would then be one of the strongest places in the world.
Three hundred negroes would " excuse " much of the charge,
and an assignment of part of the King's revenue in Barbadoes
224 COLONIAL PAPERS.
1664.
would in less than three years finish it. With these negroes a
Royal plantation might then be settled. On consideration of the
large extent of the island and the wide settlements from Port
Morant to Bluefields Bay is at least 170 miles besides many
on the north side, the only way to keep them in order and to
give speedy justice is to divide the whole island into counties,
hundreds, and tythings, with a sheriff to be chosen yearly, con-
stables, and tythingmen, to keep monthly county courts, also
courts leet, to secure the allegiance of the inhabitants. Instead
of a sheriff there is a Provost-Marshal, an officer only fit for an
army ; a sheriff is absolutely necessary for the peace and hap-
piness of the island, therefore the King's positive orders are
desired for one to be appointed. A court of common pleas,
consisting of three judges, to be held in St. Jago, is most neces-
sary, and has been in part begun, but positive orders are desired
to take off all envy and repining, especially at Cagway, where
they were settled to the almost ruin of the colony. On same
sheet.
July 21, Jamaica. Sir Thos. Modyford to his brother. Desires
him to communicate the above to his brother [Kendall], and both to
" our Duke " [of Albemarle], and advise seriously what is obtainable.
Desires him especially to press for the sheriff, absolutely necessary
for the good of this place, and begs there be no hint of Modyford's
desire in it, because it will make Col. Lynch, who has that unrea-
sonable patent for Provost-Marshal, resent it, who Modyford would
not willingly disoblige, for he is a pretty understanding gentleman,
and very useful here ; he has an estate, and would be very well
beloved were he sheriff instead of marshal. As to the fort, prose-
cute it as far as he can. Shall settle the courts as fast as he can,
and if his Majesty's directions come after it will do well. Is just
despatching Jack for Barbadoes to fetch his mother. Indorsed
Rec. from Sir Jo. Rob[inson ?]. 3pp. [Col. Papers. Vol. XVIII.,
No. 94.]
Aug. 10. 786. Gov. Sir Thos. Modyford to his brother, Sir James [Mody-
jamaica. ford]. Is troubled for Sir Charles (Lyttelton), but truly he was a
weak man and much lead by mean fellows here, and lately sent out
so many privateers, which renders Modyford's actions very difficult ;
for he has an account of no less than 1,500 lusty fellows abroad, who
if made desperate by any act of injustice or oppression, may
miserably infest this place, and much reflect upon Sir Thos. There-
fore he has hit it right that unless Tortudas be reduced, and a fleet
of frigates to awe them, they must be " tempered " with. Accord-
ingly, he privately told the captain who brought in the last Spanish
prize, that he only stopped the Admiralty proceedings to give a good
relish to the Spaniard ; that he should have satisfaction, but that Sir
Thos. durst not secure him nor his ship ; so got some merchants to
buy the prize for 400., and went one-fourth part with them himself,
with a promise to get nothing if the Spaniards came for her. The
creditors of this privateer pressed the Capt. so hard that he fled in the
night, and was put out of command the next day, but he told the
AMERICA AND WEST INDIES. 225
1664.
Marshal he would advise all privateers to come in and give over
until further power from his Majesty. The fault was wholly in
Sir Charles to grant, for the commission was good to the poor man,
and therefore to imprison him or alter his property, had been injus-
tice and oppression. Hopes this will come soon enough for his own
vindication. 1 pp. [Col Papers, Vol. XVIII., No. 95.]
Aug. 12. 787. Sir Edward Harley to Lord Conway. Lord Willoughby,
by promises and entreaties, engaged the writer's brother Kobert to
go to America with a great part of his estate, but there used him
most severely, and sent him home sick ; he is still in a deplorable
condition of health. [Dom., Chas. II., Vol. CL, No. 39, Cal, p.
665.]
1' 788. " Copies of the several letters which passed between Col.
to Nicolls, the present Governor, and the late Dutch Governor Stuy-
Aug. 29. vesant, before the surrender of New York, under his Majesty's
Sept. 8. obedience, with the articles upon which it was surrendered."
New York. Annexed,
" Governor Stuyvesant's first letter sent on board his Majesty's
ship Guyny (? Guinea), riding at Nayack Point near Long
Island." Having received various reports concerning the
arrival of four English men-of-war upon this coast, has sent
the bearers John de Decker, one of the Council, Rev. John
Megapolensis, Paul Leenderzen Vandergrift, and Samuel Mega-
polensis, to intreat of their commander the intention of their
approach, without first acquainting him with their design,
which in respect of the Government of the place they ought
to have done. Fort Anill, New Netherlands, 1664, Aug. -|-|.
Col. Richd. Nicolls to Governor Stuyvesant. Has received
his letter of. August -^f , and thinks it fit to let him know that
his Majesty of Great Britain, whose right and title to these
parts of America is unquestionable, well knowing how much
it derogates from his crown and dignity to suffer any foreigners
to usurp a dominion and inhabit in any of his territories, has
commanded Nicolls to require a surrender of all forts, towns,
or places of strength possessed by the Dutch under Stuyve-
sant's command. And in his Majesty's name Nicolls demands
the towns situate on the island Manhatans, with all the
forts thereto belonging. His Majesty, being tender of the
effusion of Christian blood, confirms and secures estates, life,
and liberty to every Dutch inhabitant who shall readily submit
to his Government, but those who shall oppose his Majesty's
gracious intention must expect all the miseries of a war which
they bring on themselves. Expects his answer by Col. Geo.
Cartwright, one of his Majesty's Commissioners in America,
Capt. Robt. Nedham, Capt. Edward Groves, and Thos. Delavall.
His Majesty's ship Guinea riding before Nayack, 1664,
" Governor Stuyvesant's answer to the letter of summons,
sent to Gravesend upon Long Island." That his Majesty of
M 605. P
226 COLONIAL PAPERS.
1664.
England hath an indisputable right to all the lands in the north
parts of America, the Kings of France and Spain will disallow
as he absolutely does, by virtue of a Commission from the
States General, over New Holland and the isles of Cura9ao,
Bonair, and Aruba, bearing date July , 1646, as also a grant
to the West India Company in 1621, as authentic as his
Majesty can give to any colony in America, as appears by a
Patent shown to Nicolls' deputies, Col. Cartwright, &c. More-
over it is without dispute that Stuyvesant's predecessors have
peaceably enjoyed Fort Orange 48 or 50 years, the Manhatans
41 or 42 years, the South river 40 years, and Freshwater river
about 36 years. As to his Majesty requiring a surrender of
the places possessed by the Dutch under Stuyvesant's com-
mand, is so confident of the equity of his Majesty, that in
case his Majesty were informed of the truth, that 'the Dutch
came not by any violence but by virtue of commission from
the States General in 1614-1616 up the North river to near Fort
Orange, and in 1626 by a grant to the Burgomasters of Amster-
dam of the South river, and that these Provinces have been
governed and consequently enjoyed, in regard of first discovery,
uninterrupted possession, and purchase of the natives and other
private persons (though Gentiles). Makes no doubt that his
Majesty would be too judicious to make such an order, in a
time when there is so straight a friendship and confederacy
between their superiors, to trouble the Dutch in demanding
fortresses, put into their hands with order dated ^| July 1646,
to maintain them for the States General. Stuyvesant is therefore
obliged to repel and take revenge of all threatenings, injustice,
attempts, or any force whatsoever committed against the faith-
ful subjects of the States General, it being a veiy considerable
thing to affront so mighty a State. About three years ago
some English frigates on the coast of Africa, upon a pretended
Commission, demanded Cape Verd, the river of Gambia, and
all other places in Guinea, to the States General belonging,
which his Majesty disallowing gave order that restitution
should be made to the East India Company, which makes
Stuyvesant think that a more express order should appear, as
a sufficient warrant for himself towards the States General.
To conclude, though his Majesty's Governor and Commissioners
have divers times quarrelled with him about the bounds of his
jurisdiction, they have never yet questioned the jurisdiction
itself; on the contrary, in 1650 at Hertford, and last year at
Boston, they treated with us about this subject, a sufficient
proof that his Majesty has never been well informed of the
equity of their cause, so they cannot imagine his Majesty would
give a Commission to molest and endamage them, or attempt
any act of hostility or violence against them. But in case
Nicolls will act by force of arms, protests that he will act
an unjust violence and a breach of the 14 Articles of Peace
between England and the States General. To prevent the
shedding of blood, in February last we treated with Capt.
AMERICA AND WEST INDIES. 227
1664.
John Scott, touching the limits of Long Island, and concluded
for the space of a year, so that in the meantime the business
might be treated on between the King and the States General,
and again at present Stuyvesant offers a treaty by his deputies
Cornelius Van Ruyven, Secretary and Receiver of New Holland,
Cornelius Steenwick, Samuel Megapolensis, and James Cous-
seau. Stuyvesant fears not any threats, for we may as well be
preserved by God with small forces as by a great army. At
the Fort at Amsterdam,
Governor Stuyvesant to Colonel Nicolls at Gravesend.
The discovery of the news from Holland, which makes us not
to doubt that the King and States are agreed upon their limits.
This had given us hope that you would have desisted from
your design, or at least have given time for an answer from
our masters. But as by the report of our deputies, you persist
in your summons of $$ August, we are obliged to defend our
place. However, as no doubt there will be a great deal of
blood spilt, and greater difficulty may arise hereafter, we have
thought fit to send John de Decker, Councillor of State, Cor-
nelius Van Ruyven, Cornelius Steenwick, and James Cousseau,
to the end of finding some means to prevent the spilling of
innocent blood, praying that Nicolls will appoint a place and
hour, and send deputies with full commission to treat of a
good accommodation. The Manhattans in the Fort of Am-
sterdam in New Holland, 1664, Au s- 25 . '
' Sept. 4
Col. Nicolls to Governor Stuyvesant. In answer to his of
f^ ^ thinks it agreeable to the King's intentions to receive
all ways of avoiding the effusion of Christian blood, and would
willingly comply with his proposition to appoint deputies to
treat, but unless by such meeting he intends to treat upon
articles of surrender, Nicolls does not see just cause to defer
the pursuance of his Majesty's commands for reducing his
towns and forts to his Majesty's obedience. Gravesend, 1664,
Aug. 25.
"Governor Stuyvesant's commission under the seal of the
town, empowering several persons to treat upon articles of
surrender." The Governor- General and Council of the New
Netherlands, to prevent the effusion of Christian blood, and
moved by the summons of the Hon. Lord Richard Nicolls,
promising freely to redeliver the fort and city of Amsterdam,
in case the difference of limits be agreed upon by his Majesty
and the States General, have " committed " John de Decker,
Capt. Nicholas Verlett, commissary concerning matters of
traffic, Samuel Megapolensis, Cornelius Steenwick, Oloffe
Stevens Van Kortlandt, and James Cousseau, to agree with the
Lord General Richd. Nicolls or his deputies upon further
articles, promising to fulfil whatsoever shall be by them agreed
upon. Fort Amsterdam, New Netherlands, 1664, Au>t - 26 .
Sept. 6
p 2
228 COLONIAL PAPERS.
1664.
"Colonel Nicolls, his answer consenting to the Treaty of
Surrender, and nominating his Commissioners." Col. Nicolls,
Commander-in-Chief of his Majesty's forces now beleaguering
the town on the Manhatans, accepts the proposals of the
Governor and Council there residing, to treat of articles of
surrender of said town and forts ; and whereas they have been
pleased to appoint John de Decker, &c. to agree upon further
articles, Nicolls on his part appoints Sir Robert Carr, Kt., Col.
George Cartwright, John Winthrop, Governor of his Majesty's
Colony of Conecticut, Saml. Willis, one of the Council of said
colony, Capt. Thos. Clarke, and Capt. John Pinchon, Com-
missioner from the General Court of Massachusetts, to be his
deputies to treat and conclude upon articles of surrender, pro-
mising to fulfil whatsoever they shall conclude upon. At the
camp before the Manhatans, 1664, Aug. 26.
Mem. That it is agreed upon by the Commissioners on
both parts above-named that they meet to-morrow, 27th Aug.
(old style), at 8 o'clock in the morning, at a place called
the Governor's Bowry on the Manhatans. On said 27th day
the Commissioners met at the place appointed and agreed upon
the following Articles of Surrender, which were consented to
by the persons thereunder subscribed, and dated 1664, Aug. 27
[see Gal. in full, No. 794.]
Certificate of Governor Stuyvesant's consent to the above
Articles of the ^g^f agreed upon by the Commissioners ap-
pointed by him and Col. Richard Nicolls, under his hand and
the public seal of the town. Signed P. Stuyvesant, and cer-
tified by Cornelius Van Ruyven, Secretary. Fort Amsterdam,
New Netherlands, 1664, gjjj-. "Upon the same day the town
and fort were delivered accordingly." Together 26 pp. [Col.
Papers, Vol. XVIII., No. 96.]
Aug. 19-22. 789. Minutes of the Council of Jamaica. On reading the King's
St. Jago- letter of June 15 last commanding restitution of captured ships and
ega ' goods to the Spaniards ; ordered that the ship and bark brought in
by Capt. Searles of the Port Royal be seized and restored to that
nation, and also all specie that can be found ; that notice thereof be
sent to the Governor of Havannah ; that persons making any further
attempts of violence and depredation upon the Spaniards be looked
upon as pirates and rebels ; and that Capt. Searles' commission be
taken from him, and his rudder and sails taken ashore for security.
Col. Theodore Gary, judge admiral, John Man, sergt.-major at the
Point and Capt. Peter Pugh, to see these orders duly executed.
Aug. 22. Ordered that the judge forbear to grant execution upon
the verdict of the jury at the last Court of Common Pleas, against
Capt. Thos. Morgan, for a negro taken at Campeachy, whilst Capt.
Christopher Mings was disabled by a dangerous wound, until further
notice, as matters of this nature do not come under the cognizance
of a civil court. 3 pp. [Col. Entry Bk., No. 34, pp. 121-123.]
AMERICA AND WEST INDIES. 229
1664.
Aug. 24. 790. Minutes of the Council for Foreign Plantations. Petition of
Inner Court of merchants, planters, and masters of ships trading to the Plantations
s< to the King, with his Majesty's reference, the report of Sir Heneage
Finch [see ante, No. 769], and a signed bill preparatory to a grant of
said office to Col. Roger Whitley under the Great Seal [see No. 802]
being read and debated upon, according to the King's directions ;
ordered, being a matter of great moment and the day far spent, that
the further consideration be deferred for a week. ^ p. [Col. Papers,
Vol. XIV., No. 59, p. 57.]
1664 ? 791. Report of Committee of Council for Foreign Plantations,
entitled, " Certain propositions for the better accommodating the
foreign Plantations with servants," in 20 articles. The servants are
classed under two heads, blacks and whites. The blacks bought by
way of trade, and sold about 20. a head, the most useful appurten-
ances of a plantation and perpetual servants. The whites divers
ways gathered up in England, few from Ireland or Scotland, trans-
ported at the rate of about 61. per head, are entertained by those to
whom they are consigned or are exchanged for commodities at
different rates according to their condition or trade ; after certain
years these are free to plant for themselves or take wages for their
service, and have to the value of 101. to begin planting for themselves.
Ways of obtaining these servants from felons condemned to death,
sturdy beggars, gipsies, and other incorrigible rogues, poor and idle
debauched persons. Recommend as a reme.dy to the evils complained
of in the petition above referred to, that an Act of Parliament should
pass with such powers and provisions as may be proper to the thing
intended and necessary to the Plantations. And that the secretaries
of the respective colonies transmit the names of said servants every
six months, and the places and persons to whom they are dispersed.
9 pp. [Col. Entry Bk, No. XCIL, pp. 275-283.]
1664. 792. Gov. Lord Willoughby to Sec. Lord Arlington. Has received
Aug. 25. his letter of March 1, 1664, in answer to the Governor's of 30th
Barbadoes. November 1663, stating that the King would have Walrond's
house and land reserved for the Governor as his Majesty's house, if
they became legally forfeited. The land was first seized with the
stock upon it for the King as alien land, but this was avoided by a
dormant conveyance which Walrond had fraudulently made to one
of his sons. His Majesty has been entitled to it by jury of inquest
of office, but it is not convenient to put it upon any further trial
with the son, as the juries always give their verdict for the planter
against the King, without regard to right or wrong. The friends of
Walrond are offering to compound for him, which it might be well
to listen to, as it will be very difficult to recover anything in a legal
way in Barbadoes. It is a new thing to the people to have the
King's authority among them, for in the Earl of Carlisle's time it
was Governor and people that did all, but little of my Lord of Car-
lisle's name, being very rarely and seldom used amongst them. The
Leeward Islands are very small and poor, and can raise but little
for the King's revenue, particularly as they are too hard pinched by
the Acts of Trade and Navigation ; their ports are almost empty,
230 COLONIAL PAPERS.
1664.
whereas the French, who allow free trade, have theirs crowded with
shipping, which used to be quite otherwise before the passing of these
Acts. The French islands were formerly settled by private persons,
but now their King has taken the property of them into himself,
and has sent out 1,500 men in six ships, three of which are men-
of-war, and have been left to protect French interests in the West
Indies. Requests the secretary to put the King in mind of his
promise to send a man-of-war to support him, which is now more
necessary both on account of the French proceedings, and because
he has settled 1,000 men in Sta. Lucia, which borders close on the
French, and intends taking some more there soon. Indorsed, " Rec.
29 Oct. Extract to be made of this for the Council, or offered to
the Committee of Plantations." 4 pp. [Col. Papers, Vol. XVIII.,
No. 97.]
Aug. 25 ? 793. List of arms and ammunition desired by Lord Willoughby
for his Majesty's service in Barbadoes and the Caribbee Islands.
20 pieces of cannon for the forts, six light brass Drakes, six brass
bosses, 60 barrels of powder, 3,000 muskets, a good proportion of
bullets and flints for muskets and pistols, drums and colours, with
all things belonging to the King's regiment. Indorsed, " Rec. 29
Oct. 1664." 1 p. [Col. Papers, Vol. XVIII., No. 98.]
Aug. 27. 794. Articles consented to by the persons hereunder subscribed,
The Governor's a t the Governor's Bo wry, August 27th, 1664. 1. The States General
iwry ' or West India Company shall freely enjoy all farms and houses
(except those in the forts), and within six months have liberty to
transport all their arms and ammunition or else be paid for them.
2. All public houses shall continue for the uses which now they are
for. 3. All people shall continue free denizens, and enjoy then-
lands, houses, goods, &c. 4. If any inhabitant have a mind to remove,
he shall have a year and six weeks to do so and to dispose of his
lands. 5. If any officer of state have a mind to go for England he
shall be transported freight free in his Majesty's frigates. 6. Dutch
people and vessels may freely come and return. 7. All Dutch ships
and goods shall be received after the manner they formerly were
for six months next ensuing. 8. The Dutch here shall enjoy
liberty of conscience. 9. No Dutchman or ship shall be pressed to
serve in any war. 10. The townsmen of the Manhatans shall not
have any soldiers quartered upon them without being paid by their
officers. 11. The Dutch shall enjoy their own customs concerning
inheritances. 12. All public records shall be carefully kept by those
in whose hands they now are ; such as particularly concern the States
General may be sent to them. 13. No judgment that has passed
shall be called in question. 14. If any Dutch here shall desire to
travel or traffic he shall have a certificate that he is a free denizen
of this place, and have liberty to do so. 15. If there is a public en-
gagement of debt by the town of the Manhatoes, and a way agreed
on for satisfying it, the same way shall go on. 16. AJ1 inferior
officers and magistrates shall continue till the customary time of new
election, and then new ones be chosen, who shall take the oath of
allegiance to his Majesty of England. 17. All differences of contracts
AMERICA AND WEST INDIES.
231
1664.
made before this day shall be determined according to the manner of
the Dutch. 18. If it appear that the West India Company of
Amsterdam owe any money to persons here, the duties payable by
ships going for the Netherlands shall be continued six months longer.
19. The officers and soldiers shall march out with their arms, drums
beating, colours flying, and lighted matches ; if any will plant they
shall have 50 acres, &c. 20. If at any time the King of Great
Britain and the States agree that this place be redelivered to the
States, it shall immediately be done. 21. The town of Manhatans
shall choose deputies, who shall have free voices in all public affairs.
22. Those who have any propriety in the fort of Aurania shall (if
they please) slight the fortifications there, and enjoy all their houses.
23. If any soldiers will go into Holland, they shall have safe pass-
ports from Col. Nicolls, Deputy Governor under his Royal Highness
to defend the ships that transport them from any acts of hostility
from his Majesty's subjects. Copies of the filing's grant to his Royal
Highness, and his Royal Highness' commission to Col. Richard
Nicolls, shall be delivered to Mr. Stuy vesant ' on Monday next by
8 o'clock in the morning, and these articles signed by Col. Richard
Nicolls, and within two hours after the fort and town called New
Amsterdam,- on the Isle of Manhatans, shall be delivered into the
hands of Col. Nicolls. Signed, John de Decker, Nicholas Verlett, Sam.
Megapolensis, Cornelius Steenwick, Oloffe Stevensen Van Cortlandt,
and James Cousseau, also by Robert Carr, George Cartwright, John
Winthrop, Samuel Willys, Thomas Clarke, and John Pincheon. " I
do consent to these articles, Richard Nicolls." Printed in New York
Documents, IL, 250-253. 2^ pp. [Col. Papers, Vol. X VIII., No. 99.]
Aug. 27. 795.' Another copy of the preceding articles, headed "A true
copy," concluded 27th day of September (dearly a mistake for
August}, ratified and by their subscription confirmed 29th day of said
month and year, August 1664. Indorsed, "Ordered in Council, 7 Oct.
1667." 5 pp. [Col. Papers, Vol. XVIII., No. 100.]
Sept. 1.
Hartford.
Sept. 6.
Maryland.
796. Minute of a meeting of the Commissioners of the United
Colonies of New England, held at Hartford. Commend to the
General Courts of the United Colonies respectively, that upon ad-
vice from the Commissioners to consult their proposals according to
their instructions from his Majesty, they give timely notice to their
confederates, to the end if they see meet, they may send their
Commissioners invested with full power to advise and act in any
case of common government to the whole, that so they may approve
themselves faithful and loyal to his Majesty. Extracted out of the
Acts of the Commissioners by John Allyn, Secretary of Connecticut
1 p. [Col. Papers, Vol. XVIIL, No. 101.]
797. The titles of nine Acts made at a session of Assembly begun
Sept. 15th, 1663, and continued by adjournment till Sept. 6th, 1664,
by the Honourable Charles Calvert, Esq., viz. : (1) for the preser-
vation of the several harbours within this Province ; (2) for ferries ;
(3) for providing a magazine ; (4) an additional Act to an Act con-
cerning the payment of fees due from criminal persons; (5) for
232
COLONIAL PAPERS.
1664.
Sept. 7.
Whitehall.
Sept. 7.
Newport.
1664?
Sept. ?
reviving certain laws within this Province ; (6) concerning negroes
and other slaves ; (7) of encouragement for Wm. Smith in his under-
taking the country s work at St. Mary's ; (8) for preservation of
certain articles made with the Susquehannaugh Indians ; (9) for the
burgesses' expenses and other public debts. Together 5f pp. [Col.
Entry Bk., No. LIII, pp. 93-98.]
798. Order in Council on report annexed from the Council for
Foreign Plantations, recommending the erection of an office petitioned
for (see ante, No. 769) for registering of all persons going volun-
tarily to the Plantations, as being useful and prejudicial to none,
because the registering is left voluntary, directing that a commission
be prepared appointing Roger Whitley to be master of the said office.
Annexed,
Commission addressed to the Duke of York as Lord High
Admiral and Warden of the Cinque Ports, and to the other
officers of the ports, for the erecting of an "office for taking
and registering the consents, agreements, and covenants of such
persons, male and female, as shall voluntarily go or be sent
as servants to any of the Plantations in America ;" certificates
of consent are to be delivered under the seal of the office to
the merchants with whom the covenant is made, and Roger
Whitley is appointed master of said office, with the fee of 40s.
a year and such allowances as the planters agree to give him.
3 pp. [Dom., Chas. II., Vol. GIL, No. 27, Gal, p. 4.]
799. Benedict Arnold and William Brenton to the Commis-
sioners for New England. The deep sense fixed upon the heart of
the whole colony of the King's grace and favour to this Plantation
in making them a body politic and corporate endowed with many
eminent privileges, and naming it the Colony of Rhode Island and
Providence Plantations, which colony as one man, by their approved
faithful gentleman John Clark, their late agent for procuring the
charter, congratulate the Commissioners upon their safe and happy
arrival, and present their humble thanks to his Majesty, and beg
them to give credit to Clark's further expressions of their thank-
fulness ; their worthy friends Capt. John Cranston and William
Dyre will accompany John Clark. They hope the Commissioners
have sent those lines sent by Capt. George Baxter ; they did not
then know where the Commissioners had gone to, some said to
Oyster Bay, others to Manhadoes. 1 p. [Col. Papers, Vol. XVIII.,
No. 102.]
800. The King to (Francis) Lord Willoughby (Governor of
Barbadoes). Refers to his Majesty's previous letter of 9th May
1662 on behalf of Sir William Davidson [see ante, No. 296]. Has
also seen his Lordship's letter of May 15, 1662, to the President
and Council in pursuance of said recommendation, and is the more
surprised to hear fresh complaints from Sir William Davidson not
only that he reaps no benefit by said letters, but that he is met
with more obstruction by an action commenced on his Lordship's
account. His Majesty therefore desires that these delays and hin-
AMERICA AND WEST INDIES.
233
1664.
Sept. 14.
Santa Lucia.
Sept. 14.
Westminster.
drances may be repaired with justice and expedition. 1 p. [Dom.
Entry Bk., Chas. IL, Vol. XIV., p. 34 &.]
801. Lord Willoughby to Monsieur Tracey [Governor of the
French West Indies]. Will be glad to further his desires for a strict
alliance between the two nations in those parts. In settling Sta.
Lucia, Lord Willoughby gave particular directions to treat with all
respect and civil usage any French that might be on the island, who
were thought to be but few, dwelling there for better convenience
of fishing and hunting wild hogs, and not intending any planting or
settlement. The island belongs by ancient title and occupation to
the English, though it has only lately been taken under the imme-
diate protection of the King. Wishes he could have treated with
M. Tracey upon any doubts he may have on the matter, but since
the latter's hands are tied until he receive orders from home, promises
to do nothing contrary to the assurance he has given of his desire
to maintain all amity between the two nations under their respective
Governments. H pp. [Col. Papers, Vol. XVIII., No. 103.]
802. Privy Seal for Lord Chancellor Clarendon to prepare Letters
Patent under the Great Seal to the following effect : Whereas
divers merchants, planters, and masters of ships trading to Planta-
tions in America have by petition informed his Majesty that many
evil-minded people after they have listed themselves to serve in said
Plantations and received money for diet, at Gravesend or other ports,
pretend they were carried away without their consents, to the
scandal, vexation, loss, and discouragement of said planters, &c. ;
and have besought his Majesty to appoint some person in the city
of London, before whom such persons as desire to go as servants
may declare that they go voluntarily, which will not only be a real
means to prevent the betraying and spiriting away of people, but
also a testimony of the fair dealing of the merchants, &c. ; his
Majesty by these presents creates an office for registering the con-
sents, agreements, and covenants of persons wishing to go or be sent
to said Plantations, and there shall be an officer appointed by his
Majesty, to be called the master of the said registry, who shall have
a convenient place in the city of London, and also (if occasion shall
require) in any other port of England and Wales, to take cognizance
of such pei-sons, draw up the covenants betwixt them and the respec-
tive merchants and planters, and register them in books for that
purpose to be yearly kept, together with a declaration of their volun-
tary consent attested by their names, and he shall make certificates
of such consents and covenants and deliver them to the merchant,
planter, or master ; and there shall be annexed to said office a
common seal for sealing said certificates. And by these presents
his Majesty grants to Roger Whitley, Esq. the aforesaid office, with
a yearly annuity or fee of 40s., together with such allowance as
the merchants and others (who shall use said office) shall agree to
give, till some other allowance be settled by Act of Parliament.
Provided that this grant shall not extend to the registering of factors
apprentices or menial servants, but only of such servants, male or
female, as are entertained to serve in said Plantations for a certain
234
COLONIAL PAPERS.
1664.
Sept. 14.
Whitehall.
Sept. 20.
Barbadoes.
number of years, according to their indentures and the custom of
the Plantation whither they shall be sent ; and that said merchants,
planters, and others shall not be compelled to bring such servants as
aforesaid to have their consents and covenants registered, but may,
if they think fit, transport them without cognizance of said office.
[Privy Seals, 16 Chas. II., Part L, No. E. 8.]
803. Memorandum of warrant for a Privy Seal for 57,000?. to be
paid to Sir George Carteret, toward defraying the charge of setting
forth for eight months service into Guinea, eight of his Majesty's
ships manned with 1,285 men and 'four merchants ships manned
with 570 men, according to estimate of the Duke of York of 8th
September last. p. [Dora. Entry Bk., Chas. IL, Vol. XVI., p. 233.]
804. Governor Lord Willoughby to the King. Complaints by
the Council and Assembly of the Leeward Islands, of the heavy and
insupportable pressures they groan under by the restraint laid upon
them in their trade by the two Acts of Parliament, for the increase
of Shipping and Navigation, and for the increase of Trade. True
there is a distinction to be made in his Majesty's islands, some of
them being better able to bear these Acts, 'as Barbadoes and Nevis,
but they lived twice as happily in the former times of freedom, before
these Acts were made, for he has lately seen 40 ships forced to lie
still many months for want of lading, and as these two islands pay
the 4 per cent., which none of the others pay, they hope it will be
a prevailing argument in their favour. Incloses, [see also No. 731.]
804. i. Petition of the inhabitants of Antigua to Governor Lord
Willoughby. That he will represent to the King the
hard pressure and disadvantages which they suffer, and
their humble request for a grant of free trade. Also, The
reasons, motives, or inducements, whereby to move the
King to grant them free trade ; it is complained that the
island being debarred from free trade may prove of ill
consequence ; the English in it were still decreasing, while
the French enjoy that privilege and have increased and
grown to " numerousness and riches." Signed by Robt.
Garden, Charles Ghest, Daniel Fitch, Samuel Winthrop,
Phillip Warner, Henry Ashton, Robt. Poynte, Richard
Borastone, Jere. Wretkins, John De Lannoy, Gyles Blizard,
Obadiah Bradshaw, John Campbell, Walrick Richard,
Richard Ayres, Mark Brewster, and Joseph Lee, Secretary.
804. II. Petition of the Council and Assembly of Montserrat to
Governor Lord Willoughby. Set forth the advantages
of free trade and how the French plantations have increased
in strength and wealth through the enjoyment of it,
whereas they are much impoverished and weakened,
caused by the want of supplies and people deserting their
settlements. Pray that he will so address the King that
they may be restored to their pristine happiness. Signed
by Arthur Hodges, Oliver Handley, Wm. Bagnall, George
Wyke, Christopher Hart, Wm. Irish, Wm. Bentley, James
AMERICA AND WEST INDIES. 235
1664.
Haszine, Reg. Osborne, Nath. Reade, Samuel Rollstone,
Anthony Bryskett, and Ric. Angus, Secretary.
804. III. Petition of the Council and Representatives of St. Kitts
to Governor Lord Willoughby. That the French in the
island daily increase in strength, power, towns, villages,
and estate by reason of the freedom of trade they enjoy ;
whereas they will be constrained to desert this colony,
which hath been the first settled by our nation in these
parts, through the want of trade. Pray that he will repre-
sent their distressed condition to the King, and intercede
that they may enjoy a free trade with all nations in amity
with his Majesty. Signed by Chas. Regines, John Cooke,
Sam. Payne, Will. Watt, Jo. Watling, Clement Everard,
John Bedingfield, The. Loverawne, Henry Creeke, Wm.
Varies, Wm. Freeman, and Nic. Taylor of the Council.
Thos. Hancock, Roger Ebrington, Will. Rogers, John Law,
Rich. Roberts, Anth. Homer, Hen. Bing, John Estridge,
Tho. Johnson, Geo. Taylor, Wm. Fry, Adam Jessepp, and
Richard Paul of the Assembly. Together 5 pp. [Col.
Papers, Vol. XVIII., Nos. 104, 104 L, IL, TIL]
Sept. 20. 805. Nine Acts passed at a Grand Assembly, held at James City,
Virginia. Virginia, by prorogation from 10th September 1663, to 20th
September 1664, but the titles only of two Acts are given, against
which is written in the margin, Obsolete, Needless. Printed in Col.
Entry Bks., Nos. 89, 90, 91, see ante, No. 562. [Col. Entry Bk.,
No. 88, pp. 57-59.]
Sept. 24. 806. Articles agreed upon in Fort Albany, between Ohgehando
and other Indians, who are named, on the one part, and Col. George
Cartwright in behalf of Col. Nicolls, Governor under the Duke of
York, on the other part. Also, Further articles proposed by the
same Indian Princes and consented to by Col. Cartwright in behalf
of Col. Nicolls, 25th September 1664. Indorsed, "Peace with the
Mohawks." Printed in New York Documents, III., 67-68. 3 pp.
[Col. Papers, Vol. XVIIL, No. 105.]
Sept. 28. 807. The King to the Farmers of Customs. Whereas his Majesty
has thought fit, for the advancement of Jamaica, that commodities
thereof be not burdened here with any import or 3ustom during the
term of five years from the 18th February last ; his Majesty's
pleasure is that all ships from Jamaica bringing a certificate from
the Governor that the goods are of the growth of that island, be
suffered to unlade in any ports of the kingdom, free of impost or
custom for the said space of five years. 4- p. [Dom. Entry Bk. t
Chas. IL, Vol. XVI., p. 251.]
Oct. 1. 808. Articles of agreement between Sir Robt. Carr on behalf of
his Majesty and the Burgomasters on behalf of all the Dutch and
Swedes inhabiting on Delaware Bay and river. 1. All the burghers
and planters will submit to his Majesty : 2. And shall be protected
in their estates. 3. The present magistrates shall be continued.
4. Any man may depart with his goods within six months. 5. All
236 COLONIAL PAPERS.
1664.
shall take the oath of allegiance to his Majesty and fidelity to the
present Governor. 6. And shall enjoy liberty of conscience. 7. And
be free denizens and enjoy all the privileges of trade as freely
as Englishmen. 8. The scoute, burgomaster, sheriff, and other
inferior magistrates shall exercise their customary powers for six
months, or till his Majesty's pleasure be further known. Then
follows the oath of allegiance to his Majesty, and of obedience to his
Governor and officers. Signed, Robert Carr, Fob Out Gout, Henry
Johnson, Gerret Saunders Van Tiel, Hans Block, Lucas Peterson, and
Henry Cousturier. Indorsed, Articles of Agreement upon the Dutch
surrender of Delaware Bay and river to Sir Robert Carr for the
King. Printed in New York, Documents, III., 71. 2 pp. [Col.
Papers, Vol. XVIII., No. 106.]
October. 809. Col. Nicolls to [Sec. Lord Arlington]. Since this last by
Fort James, Captains Hill and Groves, there is arrived Capt. Hyde, to whose
New York. more am pl e relation of the reducing Delaware Bay he must refer
himself. His instructions to Sir Robert Carr took the effect designed,
for by [above] distinct treaty with the Swedes and Dutch planters,
the Governor was disarmed of their assistance and left to defend his
inconsiderable fort with less than 50 men. The foot company
under Lieut. Carr and Ensign Stocke stormed it without the loss of
a man, but of the Dutch 13 were wounded and three are since dead.
Within the fort a considerable cargo was found, and some part plun-
dered, but fears the rest is in hucksters' hands, for though Sir
Robert Carr stayed aboard the Guinea whilst his soldiers took the
fort, he came early enough to the pillage, and says it is his own,
being won by the sword, but Nicolls will dispose thereof to his
Majesty's service. Cannot but look upon it as a great presumption
in Sir Robert Carr, to assume the power not only of appropriating
the prize, but of disposing of houses, farms, &c., and not converting
them to the maintenance of the soldiers, whose necessities are so
great that many are run from him into Maryland. The better to
explain the authority Sir Robert doth usurp, has enclosed the com-
mission given him, and a grant he has made to Capt. Hyde. Com-
mends to his consideration how few hands they have to justify what
they have gained to his Majesty's obedience, and no maintenance
for officer or soldier, but such as he takes upon credit, or pays out
of his own monies. In the success in Delaware Bay, Capt. Hyde
had a considerable share, and is best able to make the narrative.
Cannot but repeat the importance of employing merchant ships with
a great proportion of merchandize suitable to the trade of New York
and Delaware Bay, otherwise his Majesty's expenses will not turn
to account ; for the Dutch have lost their trade ; by which also
many of his Majesty's subjects in Virginia, Maryland, and New
England were furnished with necessaries, and will not know how
to live unless speedy care be taken from England. Some consider-
able merchants should join stock and dispatch ships to arrive in
March or April, for the loss of Delaware falls upon Amsterdam who
bought the plantation from the West India Company, which being
proud and powerful, may join with said Company next spring to
AMERICA AND WEST INDIES. 237
1664.
recover what they have lost this autumn, which is the whole trade
of tobacco ; and their neighbours of Maryland are much bribed by
their trade with the Dutch. Takes it for granted that Lord Balti-
more will much more solicit his Majesty to give up Delaware into
his hands, than he was solicitous to take it from the Dutch, but
hopes that at least so much of his patent may be forfeited, for
trading with the Dutch, as has been reduced at his Majesty's charge.
Submits that in case the Dutch attempt to recover New York or
Delaware, his Majesty will enjoin all his colonies, none excepted, to
resist and expel them. The very repute of such a command will
deter them. By advice of Colonels Cartwright and Maverick he
will depute Capt. Robt. Needham to command at Delaware Bay, till
his Majesty's pleasure is further known. Indorsed) " Received
Jan. 28 ; answered Jan. 28, and referred to a further consideration."
Printed in New York Documents, III., 68-70. Incloses,
809. i. Sir Robert Oarr's Commission to reduce the Dutch.
Whereas the Dutch have seated themselves at Delaware
Bay on his Majesty of Great Britain's territory without
his Majesty's consent, and have fortified themselves and
drawn a great trade thither, his Majesty's Commissioners
by virtue of their instructions have determined to bring
that place in obedience to his Majesty, and by these, order
the frigates Guinea, William and Nicholas, and all the
soldiers not in the fort, to go thither under command of
Sir Robt. Carr to reduce the same. Indorsed, " Received
28." Printed in New York Documents, III., 70.
809. li. Sir Robert Carr's grant to Captains Hugh Hyde and
Thomas Morley, their heirs and assigns, of all that tract
of land known by the Indian name of Chipussen, and now
called the manor of Grimstead, near the head of the river
Delaware, with all the rights and privileges that to a lord
of a manor may properly belong ; they covenanting to
plant or stock the same within six years, provided always
that his Majesty's assent be procured. Sealed and de-
livered by Sir Robert Carr in the presence of John Carr,
Geo. Colt, and Arthur Stock. 10th Oct., 14th (mistake
for 16th) Charles II. Indorsed, " Received Jan*y 28."
Printed in New York, Documents, III., 72, 73. Together
7 pp. [Col Papers, Vol. XVIII., No. 107 107, i., IL]
Oct. 1. 810. A view of the condition of Jamaica, attested by Governor Sir
Jamaica. Thos. Modyford. There are but seven established parishes, viz., St.
Katherine, St. John, Port Royal, Clarendon, St. David, St. Andrew,
and St. Thomas, in the whole island, and but one church at St.
Katherine's, being a fair Spanish church ruined by the old soldiers,
but lately in some measure repaired by Sir Chas. Lyttelton ; but
they are now levying contributions to raise churches in some of
the richest parishes. Beyond the bounds of these parishes are
many hundreds of people who have sent four representatives to
the Assembly. In these parishes are but five ministers, Mr. Webb,
238 COLONIAL PAPERS.
1664.
Mr. Johns, an old army preacher not yet in orders, Mr. Maxfield,
and Mr. Houser and Mr. Sellers, two Germans. Mr. Nicholas, who
came on the Westergate, was settled at Port Morant but died of the
disease by which many perished. Five good regiments have been
raised, and two more are forming. The old soldiers for the most part
are turned hunters, and it is supposed kill not less than 1,000 cwt. of
hog per month, which they sell at from 15s. to 25s. per cwt. There
is scarce any place near the sea but is settled, and many have gone
into the mountains, which are most healthful and fruitful. Account
of the chief courts of common law and Chancery which are settlefl.
at St. Jago, where also the justices of the peace hold their sessions
quarterly. The Admiralty court is held at Port Royal. Sugar,
ginger, indigo, cotton, tobacco, dyeing woods, and cocoa may be
and are produced as well as anywhere, but pimenta, China roots,
aloes, rhubarb, sarsaparilla, tamarinds, cassia, vaignillios, hides, and
tallow, are the proper commodities. There is the best building
timber and stone in the whole world, and great plenty of corn,
cassada, potatoes, yams, plantains, bananas, peas, hogs, fowls, cattle,
horses, asincoes, sheep, fish, and turtle, and pasturage. In fine
nothing wanting but more hands and cows. The low valley grounds
are feverish and aguish from June to Christmas, the rainy weather :
but the uplands and hills are as healthful as Cotsall in England.
2| pp. Two copies. [Col Papers, Vol. XVIII., Nos. 108, 109. J
1664 ? 811. Extract of a letter -from Jamaica. All people here are
well satisfied and have an extraordinary plenty of provisions and
imported goods. This last month or two there has been an uncom-
mon mortality, which has carried away three or four considerable
persons ; and not one planter has come from the Caribbees. Cannot
tell whether the coming of theirs, or the departure of our Lord
Governor obstructs or discourages them, but Jamaica must rise by
the King's peculiar favour and its own real advantages. Privateers
are still out, and the Governor's order for cessation will rather keep
them so than bring them in, nor is it well understood whether his
Majesty's order applies to commanding under Lord Windsor's com-
missions, or prohibiting only wild excursions by the inhabitants,
for since then a letter from Mr. Sec. [Wm.] Coventry enjoins the
Governor to take care of his Royal Highness' dues from the men-
of-war. The fortune of trade here none can guess, but all think
that the Spaniards so abhor us, that all the commands of Spain and
necessity of the Indies will hardly bring them to an English port ;
if anything effect it, negroes are the likeliest. 1 p. [Col Papers,
Vol. XVIIL, No. 110.]
Oct. ? 812. An account of the state of Jamaica [by Sir Charles
Lyttelton]. He left the Government in the Council, who chose
Colonel Lynch President, whom he also appointed commander of
the forces and judge of the courts. The situation of the island.
Being in the heart of the Spanish dominions, it is best fitted for the
seat of trade and also for war, for between the east end and His-
paniola is the passage of about 20 leagues for all the Spaniards
that trade from Sta. Domingo, Porto Rico, and the Caracas to the
AMERICA AND WEST INDIES. 239
1664.
Havannah, Cuba, and Nova Hispania, and between Cuba and Cape
Catoche, but 50 leagues distant, where our men of war ply, is the
passage for the galleons of the Plate fleet from Peru to the Havan-
nah, where is also the rendezvous for the King of Spam's fleet
before they pass the Gulf of Florida to return to Europe. The con-
venience of harbours. To the east Port Morant, and 14 leagues to
leeward, Port Royal, worthily so named from the goodness and
largeness of the harbour, where the best ships of England may
securely lie. All the merchants live here, and this port is the only
fort (of any strength) in the island not above one-third finished,
which for 2,000?. could be finished, so as to secure the harbour,
but would need a garrison of soldiers, as the trained bands could not
be so much relied on, and the inland settlements are at so great a
distance. To leeward also are the old harbour, Maccary Bay, and
Blewfields Bay. On the north side is Port Antonio or Carlisle,
where the Earl of Carlisle has begun a very hopeful plantation, and
Rio Novo, where the Spaniards last landed with 300 men and
fortified, and whence they were bravely beaten out, and almost all
killed or taken by Col. D'Oyley, then Governor ; and on this side
are Montegna Bay and other good harbours. The strength and
number of the inhabitants and their settlements. The regiment of
Port Morant, Morant and Yellows, commanded by Col. Lynch, is
the richest settlement ; that of Lygonee, the fittest, strongest, and
most numerous, by Col. Barry ; Captain John Man commands the
four companies of Port Royal, part of Lord Windsor's regiment ;
Major Fuller the regiment of Spanish Town, or St. Jago, and the
Angels and places adjacent, of which Sir Chas. Lyttelton was
colonel ; and Lt.-Col. Cope and Major Joy, the Lord Chancellor's
agent, that of Guinaboa. These regiments number 2,500, besides 400
or 500 more hunters and unsettled people, and women and children.
There will be found about 150 horse, well mounted and equipped,
but the foot ill armed with muskets and pikes, are of small use
in that place. Like all new settlements this is daily changing, and
those who knew it two years ago may be strangers to the state of
affairs now, provisions and all sorts of commodities having infinitely
increased. The design of a free trade cannot be effected but by
order from Spain, nor the privateers called in but by frigates from
England, the English being grown so hateful to the Spaniards in
those parts. There are now 14 or 15 sail in them, 1,500 or 2,000
seamen of all nations, and few will take order but from stronger
men-of-war, and as this has always been their trade and livelihood,
if they are forbidden these ports they will go to others, and find
themselves welcome enough. The Government is plain and agree-
able, and so are the laws and their execution, all suits being deter-
mined in six weeks, with 80s. or 40s. charges. The Acts of
Assembly are here and humbly desired to be confirmed by his
Majesty. The people are generally easy to be governed, yet rather
by persuasion than severity. Privateering has let out many ill
humours, and those that remain are thriving, peaceable, and in-
dustrious. When Sir Charles left, the island was in a very healthful
and plentiful condition, even the Spanish negroes, who had so long
240 COLONIAL PAPERS.
1664.
disquieted the inhabitants, having come in and submitted to his
Majesty's authority. In the handwriting of Sir Charles Lyttelton,
indorsed by Sec. Lord Arlington. 2 pp. [Col. Papers, Vol. XVIII.,
No. 111.]
Oct. 3. 813. Copy of preceding, with mem., The original of this paper
[that is the preceding Account of Jamaica] was given to Mr. Secretary
Morrice 3rd Oct. 1664. The last 10 lines of the original, commencing
from The Government is plain and agreeable, are, however, omitted
in this copy. 2 pp. [Col. Papers, Vol. XVIII., No. 112.]
1664. 814. A short account of Jamaica when Sir Charles Lyttelton left
it in the year 1664 [May 2], which by his Majesty's command he
presented to the Privy Council. This is almost an exact copy of the
above, but written in the third person, and the last paragraph
about Spanish negroes is omitted. 2 pp. [Col. Entry Bk., No.
XXVIL.pp. 21-23.]
[Oct. 3.] 815. Reasons [by Sir Charles Lyttelton] proposed by the King's
command for his Majesty's settling a plantation in Jamaica. It will
be a great encouragement to the old planters to endeavour a great
improvement on their plantations when they see his Majesty interests
himself in the country, and will take away all doubts and jealousies
of rumours too frequently spread, of his Majesty's re-delivering the
island to the Spaniards, which have hitherto been a main obstacle
to the settlement of it. It will encourage the better sort of planters
in the Windward Isles to come down to Jamaica ; and will serve for
the re-victualling ships in harbour. But the best design for his
Majesty will be a great sugar work ; and for this 30 blacks and as
many whites at first entering are thought sufficient. In about 10
months 100 more must be added, it being alike dangerous to starve
a growing plantation for want of hands as to overcharge a small one
and so starve them. Then must be added coppers, stills, and all
utensils for a mill and sugar works, and sawyers and ships' carpenters.
In managing these affairs the present Governor has greater expe-
rience than Sir Charles, but he thinks that 2,000 or 3,000 hogs will
in a small time be raised, and the ships' carpenters should be employed
in felling and squaring timber and building shallops for his Majesty's
service. The plantation should be near a harbour, and three shallops
would be needed, which could also be employed to go a-turtleing
and in carrying despatches and provisions. The whole cost cannot,
he computes, according to his inquiries, be more than 4,OOOZ., which
in two years would be nearly repaid. Cocoa walks, to be managed
by 16 men, who might grow indigo and tobacco besides, could be
planted with advantage ; a gentleman obtained last year from 20
acres of plants 12,000 weight of nuts, which he has sold himself
since his arrival for 81. 12s. per cent. Thinks it a very probable
advantage if his Majesty would encourage two or three skilful miners
to search the ore of the mountains. Indorsed by Sec. Lord Arling-
ton, Jamaica papers. Reasons for the settling a plantation in
Jamaica at his Majesty's own expense of 4,000. 2 pp. [Col.
Papers, Vol. XVIIL, No. 113.]
AMERICA AND WEST INDIES. 241
1664.
[Oct. 3.] 816. Copy of preceding. Indorsed, Original of this [the above
reasons in the handwriting of Sir Charles Lyttelton] was given to
Mr. Sec. Morrice 3 Oct. 1664. 2 pp. [Col Papers, Vol. XVI1L,
No. 114.]
1664 ? 817. A brief account of the island Tortudos [Tortuga], about 20
miles long and seven broad. When Gen. Venables arrived before
Hispaniola, Tortudos was inhabited by a few Spaniards, who wholly
deserted the place some six months after. Elias Watts then, with
10 Englishmen from Jamaica, took possession thereof, raised a fort
of four guns from the ruins of a great fort which the French had
erected, but they were wholly beaten off by the Spaniards. After
some time about 150 English and French settled there, which was
a great succour to the English nation. Col. Watts got a commission
for said island from General Bryant, Governor of Jamaica, and the
inhabitants increased. A poor distressed gentleman, a colonel in
the King's army, banished from England, married Watts' daughter
and became . chief in Tortudos ; but a French Monsieur obtained a
commission, went for Jamaica when Col. D'Oyley was Governor,
and had possession given him on condition of holding the island for
the English nation, but proclaimed the King of France, plundered
the English, put them off the island, and has since kept possession
thereof.
The wrong that Tortudos may do the inhabitants of Jamaica. It
is a port where men-of-war may safely ride at anchor and bring
their prizes, putting them to sale, and supplying all their wants,
which will be a great discouragement to Jamaica. There are 20
privateers of all nations under the protection of Jamaica, which
being now debarred from taking in their prizes there, will from
Tortudos take French and Portugal commissions or none at all, and
will hinder all trade to and from Jamaica and obstruct Spanish
ships from going there to buy negroes. In fine, if Tortudos be
not reduced to the obedience of the Governor of Jamaica, it will
cause the ruin thereof and the harbouring of rogues and pirates
who make it [piracy] their living, by which means the inhabitants
of Jamaica will desert the country. This may be prevented by
demanding Tortudos with two of the King's ships from Jamaica,
which may very easily be done, as there are but 150 Frenchmen
and one fort with four guns, and it is certain if demanded the
island will be delivered. 3 pp. [Col. Entry Bk., No. XCIL, pp.
259-262.]
1664 ? 818. A relation concerning Tortugas and his Majesty's right
thereunto, by Abraham Langford. About 28 years past, Governor
Lyttelton, of Nevis, sent 25 men to settle Tortugas, who were the
first inhabitants of any nation since the Spanish conquest of the
natives. They received as Governor Captain James, who was soon
after dispossessed by Lavasnier, a Frenchman, who fortified it with
74 guns, made himself absolute Lord of the island, imprisoned those
who had lawful commissions from the Earl of Warwick, and seized
their ships. He was murdered by two of his own kinsmen, and the
M 605. Q
242 COLONIAL PAPERS.
1664.
Grand Master of Malta, on St. Christopher's, appointed M. Travail
to be Governor, and afterwards M. La Fontaine, who sold the place
to the Spaniards for 15,000 pieces of eight; they deserted the island
when the English fleet went for San. Domingo, and six months after
Elias Watts, an Englishman, re-possessed it by commission from
Lt.-Gen. Bryan, Governor of Jamaica ; he was succeeded by G. M.
Duracy by commission from Col. D'Oyley, who has declared for the
King of France, having received from him a patent for the island,
and is now following Lavasnier's track by receiving pirates into his
protection, and goes on fortifying himself, which if not prevented
may prove the ruin of his Majesty's subjects in these parts. 2 pp.
[Col Papers, Vol. XVIII., No. 115.]
Oct. 3. 819. Dr. Henry Stubbs to William Godolphin, at Sir Henry
Parson's Green. Bennet's house near Charing Cross. Gives at Sir Henry Bennet's
request his opinions as to the present design upon Tortugas. Con-
siders the design not worthy of his Majesty ; it may endanger a
rupture with France ; will engage the King's honour, and is difficult
to effect, and hath no considerable advantages ; it were rather an
attempt becoming some private merchants, or the Governor of
Jamaica, acting by the King's connivance. The island is small and
yields little encouragement to English to settle, and must become
either the possession of some few planters or of a Governor and
garrison. The present French Governor holds it by his domestics and
servants, nor is there one considerable plantation, since the buccaneers
have no fixed abode in Hispaniola for fear of the Spaniards. Tor-
tugas is their harbour, and a port for French ships, who trade with
them for tortoise-shell and hides. It lies out of the course of
English merchant ships, so that neither doth necessity enforce nor
can any advantage induce his Majesty to this design. Knows not
with what force his Majesty will possess himself of it, for opposition
must be expected from the French of Hispaniola. Albeit the
English are not overmuch concerned at the name and interest of
their King, yet those French would embrace any directions from
France, as was seen in Jamaica, when they termed Pleneville a rebel
for going against the French Governor by Lord Windsor's appoint-
ment. It seems difficult to comprehend how any will be got to
transport themselves from Jamaica to Tortugas, and how it could be
the King's interest to disfurnish Jamaica. Col. Barry was an old
known soldier and planter in Jamaica, Capt. Pleneville a serious and
understanding planter, who, with Capt. Leveret and Capt. Langford,
and all their interest and contrivance, could not procure 20 men to
go with them to stay there ; and can it be imagined that any will be
more willing now when Jamaica is in a much more flourishing con-
dition, but allow that some should go, Tortugas may prove as fatal
to the Jamaicans as Jamaica does to Barbadoes, St. Kitts, Nevis, or
Bermudas. The English had it once, but never heard of any great
advantages made of it ; most of them went away, and who can
stay or govern a people that have but a barren soil to dwell on. A
design on San Domingo much more practicable. But should all
things appear different to what they really are, yet is Capt. Langford
I
AMERICA AND WEST INDIES. 243
1664.
not a fitting man to manage this design. When he went with Col.
Barry, certainly Sancho Panza with better conduct regulated himself
at the island of Baratoria. Sir Charles Lyttelton can inform the
Secretary of that novel [obviously Don Quixotte]. Capt. Langford
speaks not French, nor does he understand it ; he is a man of no
wisdom, his interest in Jamaica and person is despicable, his fortune
forlorn, his honesty questionable. Fears all his contrivance amounts
to no more than a desire to repay out of the King's purse debts he
has contracted by his debonnaire life and defrauding, as 'tis said,
his principals. Denies not he is a good seaman and skilled in those
parts, but so opiniative he will boast of much more than he knows,
and seems resolute to ignore nothing. Fears lest so exellent a
Prince should receive a blemish by the miscarriage of so puny an
attempt, to be prosecuted by so inconsiderable a person, who has
been foiled in one petty settlement at Petty-Goava, and who has
neither wit to apprehend a design, conduct to manage it, nor
honesty to be trusted with money or goods. 3 pp. [Col. Papers,
Vol. XVIIL, No. 116.]
1664 ? 820. Proposals of Abraham Langford in matter to his return for
Jamaica and Hispaniola without a ship of his Majesty. That he
might have the King's commission for the government of Tortugas
and coasts of Hispaniola, with maintenance. Has been two years
endeavouring the reducement of Tortugas, see ante, No. 390, p. 116,
and in the government of the coast of Hispaniola at his own great
expense. Desires some advance to defray his transport to Jamaica.
If the King's pleasure be not to reduce Tortugas, that he may have
his Majesty's order to buy it from Mons. Duracey, who claims it as
his own and proffers it to sell. To send miners for further search
into the copper mine of Coridon. Signed by Abraham Langford.
1 p. [Col. Papers, Vol. XVIIL, No. 117.]
1664 ? 821. The Benefits which will accrue by taking the Planters off
Hispaniola into his Majesty's protection and government. Increase
of revenue ; land to maintain thousands of families ; it will prevent
protection of pirates ; there are copper and silver mines ; it can be
' settled at less cost than other plantations ; quantities of good tobacco
raised, and it will engross the trade from the French : 500. desired
for the hire of a ship to settle the government and trade, and an
allowance to transport [Abraham Langford] to Jamaica. 1 p. [Col.
Papers, Vol. XVIIL, No. 118.]
Oct. 5. 822. Governor Lord Willoughby to Sec. Lord Arlington. The
Barbadoes. French King has sent a new Governor to settle his West India
Islands, who is intended for Canada as soon as that is done, whereby
it appears that the French King is very intent upon his affairs in
those parts. Has given his Majesty an account of the concernments
of Sta. Lucia, and doubts not but upon demand of the King of France,
the King of England will order the restitution of it. Refers to his
account of the taking possession of the island, and hopes it will not
be surrendered. Great danger to be expected from the French in
the West Indies, so that it will not only be fit to refuse this so
unreasonable demand, but to consider how to become masters of the
Q 2
244 COLONIAL PAPERS.
1664.
rest of their islands. Has ordered his nephew to wait on him with
some petitions from several of his Majesty's islands, wherein they
have laid down their condition and implore the King's relief and
help. Ik pp. [Col Papers, Vol. XVIIL, No. 119.]
Oct. 6. 823. Abstracts of Governor Lord Willoughby's letters from
Barbadoes of Sept. 10 and Nov. 4, 1663, and the King's letter of
Jan. 12 (llth) 1664, all calendared, see Nos. 561, 578, 628. To
the first is a marginal note by Williamson " the guns be already
sent away by Sir John Colleton." Also, Abstract of Governor Lord
Willoughby's letter of 6 Oct. 16<34. That the King of France pursues
his interest in the [West] Indies very high, and backs it with power
of shipping and men ; his Lieutenant-General Mons. Tracy has 30
gentlemen for his guard and one of the King's ships of war of 50
brass guns to attend him ; the French strong and rich in trade in
Canada, and Kyan (Cayenne) in the main of Guiana near Surinam.
In fine the dispute will be whether the King of England or of France
shall be monarch of the West Indies, for the King of Spain cannot
hold it long, and this is the first year's entrance of the King of
France on his own account. The French Governor of St. Kitts
informed Lord Willoughby that the King of France would buy
their interest in the island and all the islands adjacent possessed by
the French, and appropriate them to himself, and that he was sending
a viceroy with men and shipping to secure his interest in those
parts. Williamson has added, Their ordinary gazette says that
the bargain is already made with the Order of Malta by the King
of France for their interest in St. Kitts and the money paid to the
Commander de Sounce'. 2 pp. [Col. Papers, Vol. XVIIL, No. 120.]
1664 ? 824, Memorandum of 2,000 firearms, 1,000 pikes, 200 barrels of
powder, with match and bullets proportionable, to be delivered to
Sir John Colleton, his deputy, for the use of Barbadoes. In William-
son's hand. [Col. Papers, Vol. XVIIL, No. 121.]
Oct. 8. 825. William Brenton to Col. Nicolls. Acknowledges the
Newport favour shown to the Governor and himself at the return of their
Commissioners, who were sent to present their allegiance to his
Majesty and service to himself, as also for his favour to this despised
colonj 1 -. They are a poor despised outcast people, and it has been
his portion these 30 years to be in some trouble, yet they could
never allege anything against him of unloyalty or rebellion against
his Majesty or any of his substitutes. Is ready to serve the King
or themselves to the utmost of his ability, to whom he offers his
poor house to entertain or receive them in case they come this way.
1 p. [Col. Papers, Vol. XVIIL, No. 122.]
Oct. 11-28. 826. Minutes of the Council of Jamaica. The returns of the
St. Jago-de-ia- several elections of Assemblymen for the island presented, viz.,
St. Andrew's, Major Richd. Hope and James Ho well ; Port Royal,
William Beeston and John Loveing ; North Side, Abraham Rutter
and Saml. Ginkes; St. John's, Thomas Ascough and Richard Ofteild;
St. David's, Major Rich. Lloyd and Matthew Eaton ; St. Katharine's,
Sir Thos. Whetstones and John Tompon ; Clarendon, Capt. Ed.
AMERICA AND WEST INDIES. 245
1664.
Morris and Richard Philip ; Blewfields, James Perkman and Chris-
topher Pinder; and, St. Thomas', Thomas Freeman and William
Bowden.
Oct. 12. That Rich. Hemmins enjoy the house mentioned in his
Patent, but the court-house and shed adjoining to be reserved to
the use of the public.
Oct. 15. That the Provosi^Marshal pay Capt. Abraham Butter 51.
for his great trouble in taking a negro belonging to Capt. Verney.
That the proposals of the Assembly touching the courts be debated
in full Council. That Gov. Modyford's commission be recorded in
the office of Capt. Edward Walrond of enrolments in the Chancery.
Oct. 18. Order for debate of above proposals at Mr. Martin's
chamber. That the clause in Highways Act concerning 60 feet
wide in standing wood be not put in execution for two years, but
only to be made 20 feet wide.
Oct. 20. Address of the Assembly, signed by Sir Thos. Whet-
stones, Speaker, to the Governor. It is their desire and advice that
the Court of Common Pleas be constantly held in St. Jago-de-la-
Vega, and no more at Port Royal. That in regard the former is in
the heart of the country, and the latter far out in the sea, a quarter
sessions be held in every precinct ; and that not more than two
general sessions be held yearly, and those at St. Jago.
That the Council concur with the Assembly, and also in referring
the settlement of the courts of judicature to the Governor. Ordered
that the Court of Common Pleas be held at St. Jago. The following
Acts were passed by the Council (1.) Against excessive usury ; (2.)
For the good governing of servants ; (3.) For foreign attachments ;
(4.) For enrolment of deeds ; (5.) For rating of meat ; (6.) For em-
powering freeholders to plead in their own cause.
Oct. 26. The former order concerning a difference between Capt.
Thos. Morgan and Wil. Crane to continue in force. Two Acts
passed by the Council, (7.) For the better maintenance of the
ministry ; (8.) Declaring war against the outlying Spanish negroes
unless they submit to the Government.
Oct. 28. Two Acts passed by the Council (9.) Concerning the
court-house ; and (10.) Concerning the regulating of the freights of
boats and wherries, i) pp. [Col. Entity BL, No. XXXIV., pp. 93,
94, 105-112.]
Oct. 13. 827. The Duke of Albemarle to Sec. SirH. Bennet [sic]. Requests
Newhall. him to procure a special license from the King of Portugal for Sir
Jas. Modyford, to buy 600 head of cattle at Cape de Verd Island, for
English commodities, and transport them to Jamaica. Indorsed,
Mem., Sr. Jas. Modyford interpreted the cattle meant to be young
heifers of three years old. 1 p. [Col Papers, Vol. XVIII., No. 123.]
Oct. 13. 828. Sir Robert Carr to Col. Nicolls. Arrived at Delaware the
Delaware Fort, last day of Sept., after a long and troublesome passage, passing by
the fort without taking notice of each other, the better to satisfy
246 COLONIAL PAPERS.
1664.
the Swedes, who, notwithstanding the persuasions of the Dutch to the
contrary, were soon our friends. Afterwards held parley with the
Dutch ; the burghers and townsmen after three days consented to
his demands, but the Governor and soldiery altogether refused his
propositions. Whereupon he landed his soldiers and stormed the
fort, and plundered it; "the seamen no less given to that sport
were quickly in," and had good store of booty. Their loss was
none ; the Dutch had 10 wounded and three killed. The fort,
although with 14 guns, is not tenable without great charge, which
must be expended to keep it. Ensign Stock ill ; will send him to
Nicolls when he recovers. If they had not come in as they did, they
would have been necessitated to quit the place in less than a month.
Has already sent some niggers to Maryland, which belonged to the
late Governor, at his plantation above [of Delaware]. The falling
of the Indians from their former civility, and abusing messengers,
being exasperated by the Dutch, the cause of his not sending to give
notice of their successes. The Indians so strong that no Christians
yet dare venture to plant on the other side, which belongs to the
Duke of York ; they stayed here three nights, but are since returned
without doing any hurt. Begs his endeavours to assist in the
reconciliation of the Indians called Synckoes, at the Fort Ferrania
[Aurania], and the Huskehanoes here, several murders having lately
been committed upon the Dutch and Swedes. To send Allison and
Thompson to " re-edify " the fort and fix our arms, all being broken
or unfixed. Printed in New York Documents, III., 73, 74. 2 pp.
[Col Papers, Vol. XVIIL, No. 124.]
Oct. 14. 829. to Williamson. A Dutch ship with 300 men beaten
by the English out of Amsterdam, New Netherlands, has arrived at
Mount's Bay. The Eagle, Capt. Brooke, has arrived from Gambia,
having landed 50 men there upon an island taken by Major Holmes,
who thinks the Dutch have lost their interest in those parts.
[Dom., Chas. II., Vol. GUI., No. 57, Cal, p. 32.]
Oct. 16. 830. Gov. Lord Willoughby to Sec. Lord Arlington. Kefers
Barbadoes. to his account of the French King's proceedings in these parts
[see ante, No. 822.] Hopes if war break out between the English
and the Hollander, that he may have timely advice to prepare
for the defence of the islands under his government, and the
shipping riding there, which without good reaching guns, can
receive little security from the shore. Unless arms and ammunition
are sent out, they are likely to feel the effects of the war very
suddenly, in revenge for the injuries inflicted upon the Hollander
during the time of the usurped powers. The Dutch have possessed
themselves of several islands within the extent of his Majesty's com-
mission, and of some settlements in Guiana, regarding which he
would wish to know his Majesty's pleasure with all convenient
speed. Recommends some ships of force being sent out with 500
men and two or three thousand spare arms and convenient boats for
landing a good number of men upon occasion to be employed against
the Dutch before they are able to be reinforced. 2 pp. [Col.
Papers, Vol. XVIIL. No. 125.]
AMERICA AND WEST INDIES.
247
1664.
Oct. 19.
[Boston.]
Oct. 19.
[Boston.]
831. Gov. Endecott " in the name and by the order of the General
Court " to Secretary Morrice. The confidence they have in his favour
emboldens them to give him this additional trouble in the day of
their necessity. " We are poor and destitute as to interest with any
that have power to be helpful to us at such a time, except the Lord
be pleased as formerly he hath done, to move your Honour's heart
in our behalf, to appear for us as the equity and justice of our case
may appear to you." They are necessitated to beg the King's grace
and favour that they may not be deprived at once of all that was
worthy their travels and hazard to and in this wilderness, which
is threatened by a Commission granted to four gentlemen come
into these parts, and should they make alteration in or weaken
the authority established here by their charter, they have just cause
to fear that the event of such a design will be no other than the
ruin of this hopeful and hitherto prosperous colony, and will occasion
such persons as are most considerable to provide for them in some
other place less known than New England is now made to be. The
favour they beg is, that their petition finding acceptance with his
Majesty, and coming in debate before the Council, he will appear
for them, that the authority and power of government they have
so long enjoyed may not now be made void and strangers imposed
upon them, the continuance whereof they apprehend to be their
equal right even as their houses and lands. Beg him to pardon
their boldness and plainness of speech arising from their deep sense
of the evil impending over them, and accompanied with some
measure of confidence in the candour of his spirit towards them.
1 p. [Col. Papers, Vol. XVIIL, No. 126.]
832. The Humble Supplication of the General Court of the Massa-
chussetts Colony in New England to the King. Set forth the sacri-
fices by which the liberties hitherto possessed by Massachusetts had
been purchased, and urge the injustice of encroachment on them.
" This people did at their own charges transport themselves, their
wives and families over the ocean, purchase the lands of the natives,
and plant this colony with great labour, hazards, costs, and difficul-
ties ; for a long time wrestling with the wants of a wilderness and
the burdens of a new plantation ; having also now above 30 years
enjoyed the aforesaid power and privilege of government within
themselves, as their undoubted right in the sight of God and man."
They refer with gratitude to the King's gracious letters to them full
of expressions tending to confirm them in their enjoyments, viz., of
15th Feb. 1661 [see ante, No. 31], of the 28th June 1662 [see ante,
No. 314], in which " we have applied ourselves to the utmost to satisfy
your Majesty so far as doth consist with conscience of our duty
towards God, and the just liberties of our patent," and the last of
23rd April 1664 [see ante, No. 715], wherein his Majesty declares he
hath not the least intention or thought of violating or in the least
degree infringing * their charter. " But now what affliction of heart
must it needs be unto us that our sins have provoked God to permit
our adversaries to set themselves against us by their misinformations,
complaints, and solicitations (as some of them have made that their
248 COLONIAL PAPERS.
1664.
work for many years), and thereby to procure a commission under
the Great Seal, wherein four persons (one of them our known and
professed enemy) are empowered to hear, receive, examine, and
determine all complaints and appeals in all causes and matters, as
well military as criminal and civil, and to proceed in all things for
settling this country according to their good and sound discretions,
&c., whereby, instead of being governed by rulers of our own choosing
(which is the fundamental privilege of our patent), and by laws of
our own, we are like to be subjected to the arbitrary power of
strangers, proceeding not by any established law, but by their own
discretions." In this case their refuge under God is his Majesty. " If
these things go on (according to their present appearance) your
subjects here will either be forced to seek new dwellings, or sink and
faint under burdens that will be to them intolerable ; the vigour of
all men's endeavours in their several callings and occupations (either
for merchandise abroad or further subduing this wilderness at home)
will be enfeebled, as we perceive it already begins to be ; the good
work of converting the natives obstructed ; the inhabitants driven
to we know not what extremities, and this hopeful plantation in the
issue ruined." Whatever becomes of them they are sure the adver-
sary canDot countervail the King's damage ; it is indeed a grief to
their hearts to see his Majesty put upon this extraordinary charge
and cost about a business, the. product whereof can never reimburse
the one half of what will be expended upon it. " We perceive there
}iave been great expectations of what is to be had here, raised by
some men's informations, but those informations will prove fallacious,
disappointing them that have relied upon them. And if the taking
of this course should drive this people out of the country (for to a
coalition therein they will never come), it will be hard to find
another people that will stay long, or stand under any considerable
burden in it, seeing it is not a country where men can subsist without
hard labour and great frugality." There have also been high repre-
sentations of great divisions and discontents among them, and of a
necessity of sending Commissioners to relieve the aggrieved, whereas
it plainly appears that the body of this people are unanimously satis-
fied in the present government and abhorrent from change. " Sir,
the all-knowing God, He knows our greatest ambition is to live a poor
and a quiet life, in a corner of the world without offence to God or
man. We came not into this wilderness to seek great things to our-
selves, and if any come after us to seek them here, they will be
disappointed. We keep ourselves within our line and meddle not
with matters abroad. A just dependence upon and subjection to
your Majesty according to our charter, it is far from our hearts to
disacknowledge. And should Divine Providence ever offer an
opportunity wherein we might in any righteous way, according to
our poor and mean capacity, testify our dutiful affection to your
Majesty, we hope we should most gladly embrace it. But it is a
great unhappiness to be reduced to so hard a case as to have no other
testimony of our subjection and loyalty offered us but this, viz., to
destroy our own being, which nature teacheth us to preserve, or to
yield up our liberties, which are far dearer to us than our lives, and
AMERICA AND WEST INDIES. 249
1664.
which had we had any fear of being deprived of, we had never
wandered from our father's houses into these ends of the earth, nor
laid out our labours and estates therein. . . . Royal Sir, it is in
your power to say of your poor people in New England they shall
not die. If we have found favour in the sight of our King, let our
life be given us at our petition (or rather that which is dearer than
life, that we have ventured our lives and willingly passed through
many deaths to obtain), and our all, at our request. Let our govern-
ment live, our patent live, our magistrates live, our laws and liberties
live, our religious enjoyments live, so shall we all have yet further
cause to say from our heart ' LET THE KING LIVE FOR EVER/ and the
blessing of them that were ready to perish shall come upon your
Majesty, having delivered the poor that crieth and such as had none
to help them." This paper is partly printed in Palfrey's History
of New England, Vol. II., pp. 588-590, who says a Committee con-
sisting of Francis Willoughby, Major-General Leverett, and Jona-
than Mitchell, minister of Cambridge, drew it up, and after more
than two months ivere spent in its preparation it was adopted at a
special meeting of the General Court. This the original is signed
by " Jo. Endecott, Governor, in the name and by the order of the
General Court held at Boston in New England, Oct. 19, 1664." 2 pp.
very closely written. [Col. Papers, Vol. XVIII., No. 127.]
Oct. 19. 833. Governor Lord Willoughby to the Lords of the Council.
Barbadoes. Sends, in answer to their letter of Aug. 24, abstract of the usages
in the proceedings of the Court of Common Pleas in Barbadoes,
also copy of ordinance lately passed for establishing the Courts
of Common Pleas, which have been reduced to two, with one judge
and four assistants in each. Was anxious to have the courts held
by judges as in England, but the people were too much wedded to
their ancient usages, but will endeavour to effect them on his return
from Surinam. No ordinance but that of settling the customs has
been sent home, as the people have not been in a proper temper
for being called together. Hopes to rectify all in good time if their
Lordships will bear with him. Indorsed, " Referred to Council of
Plantations, Feb. 24." Incloses,
833 I. Narrative of the usages and customs of Barbadoes 'con-
cerning proceedings in the Courts of Common Pleas. A
debt may be recovered in six months. Land is appraised
and delivered to the creditor without provision being
made for the wife and children. The planter pays fifteen
per cent, interest if he keeps the land 80 days after execu-
tion. For fraudulently concealing attached goods the debtor
has to stand in the pillory and have his ears cut off, and
the estate is sold or appraised ; execution issues after five
days if goods are then not paid for, and the debtor's
estate is delivered to the creditor with 20 per cent, advance.
The appraisers are the ablest freeholders in the precincts,
who are neither kindred, friends, nor enemies of the parties,
and give their jugments upon oath. Approved by Governor
and Council, 17th Oct. 1664.
250 COLONIAL PAPERS.
1664.
833. II. Ordinance of the Governor and Council concerning the
forms of proceedings in the Common Pleas. That from
12th January next the courts be held in two places only,
viz., at St. Michael's for the parishes of Christchurch, St.
Philip's, St. Michael's, St. George's, and St. John's ; and in
Spight's s town (alias Little Bristol) for the parishes of
St. James, St. Thomas, St. Peter's, All Saints, St. Lucy's,
St. Joseph's, and St. Andrew's. That there be one judge
and four assistants in each court to be appointed by the
Governor for the due administration of justice. The times
appointed for said courts to be held, Monday in January
next, and continue if need be until Friday night following ;
the other court shall be held at Spight's town the Monday
following, and continue if need be until the Thursday
night after, and so successively every four weeks. Direc-
tions for the proceedings of the judges. Signed by Lord
Willoughby. Together 6% pp. [Col. Papers, Vol. XVII I.,
Nos. 128, 128 I., II.]
Oct. 21-26. 834. " Catalogue, alphabetical, of the names of such inhabitants
New York. o f New York, &c. as took the oath to be true subjects to his
Majesty, October the 21st, 22nd, 24th, and 26th days, 1664," with
the oath itself, viz., " I swear by the name of Almighty God, that I
will be a true subject to the King of Great Britain, and will obey
all such commands as I shall receive from his Majesty, his Royal
Highness James Duke of York, and such Governors and officers as
from time to time are appointed over me by his authority, and
none other, whilst I live in any of his Majesty's territories, So help
me God." Here follow the names in alphabetical order, which are
all printed in New York Documents, III., 74-77. [Col. Papers,
Vol. XVIIL, No. 129.]
1664? 835. Proclamation in Col. Nicolls' handwriting to the inhabi-
tants of New York. Whereas there is a false and injurious asper-
sion cast on the oath of obedience to his Majesty, the Duke of
York, and the Governor and officers appointed by his Majesty's
authority, by some persons seeking to distract the minds of the
inhabitants of New York, by suggesting that the Articles of Peace
so lately and solemnly made and signed were intended by that oath
to be made null and of no effect ; Governor Nicolls declares that
the Articles of Surrender are not in the least broken or intended
to be broken by said oath, and if any person hereafter shall pre-
sume to give any other construction of said oath, he will be
accounted a disturber of the peace, and proceeded against accord-
ingly. This Declaration to be forthwith read to all the inhabitants
and registered, and every denizen who intends to remain here under
his Majesty's obedience to take the said oath. Draft, with cor-
rections. 1 p. [Col. Papers, Vol. XVIIL, No. 130.]
1664. 836. Minutes of the Council of Jamaica. Acts passed [see ante,
Nov. 2-11. No. 826]. (11.) For the better governing of negro slaves. (12.)
Nov. 3. For regulating the freight of boats and wherries. For mending and
AMERICA AND WEST INDIES. 251
1664.
Nov. 4. repairing the highways. (13.) For prohibiting the transportation of
commodities off the island in a growing condition. (14.) For pre-
venting the retailing of strong liquors by persons unlicensed. (15.)
For settling the militia. (16.) For the encouragement of the produce
and manufacture of this island. (17.) Against tipling, cursing, and
Nov. 8. swearing. (18.) For dividing the island into several parishes and
precincts. (19.) For regulating hunters. (20.) Authorising justices
Nov. 9. of the peace to decide differences not exceeding 40s. (21.) For
regulating the fees of the Broad Seal. (22.) And the fees of
offices. (23.) For raising a public revenue out of strong liquors.
(24.) Impowering the secretary to take security of all masters of
Nov. 10. trading ships. (25.) Declaring the laws of England in force in the
island. (26.) Additional Act imposing a tax on licensed alehouses ;
and (27.) Repealing Acts made of the former Assembly. The
Council concur with the Assembly in desiring the Governor to call
Nov. 11. the Treasurer and Receiver to account. Richard Povey, Secretary to
the Council, knowing of the Governor's coming, having without
permission left the island before his arrival, and Povey's deputy, Peter
Pugh, refusing to keep the office in town or give 10,000?. security
for its due performance, ordered that said secretary's place be dis-
posed of as the Governor shall think fit, until his Majesty's pleasure
be known. 5 pp. [Col. Entry Bh, No. XXXIV., pp. 112-116.]
Nov. ? 837. Articles of high and treasonable crimes and misdemeanors
Jamaica, exhibited before the Governor, Council, and Assembly by Sir Thos.
Whetstone, in behalf of his Majesty, against Samuel Long of Port
Royal. That on the 17th and 18th of May last he caused himself
to be elected Speaker at a meeting at Port Royal of members of the
Assembly, whose authority, by the departure of Sir Chas. Lyttelton,
had ceased, and passed certain orders and votes with intention to
grasp the legislative power into his own hands ; and traitorously
and impudently refused to take any notice of the Deputy Governor,
Col. Edward Morgan's dissolution of the meeting. That he procured
an Act to be passed for setting up a particular treasury of the island,
with himself as Treasurer, into which all his Majesty's revenue was
to be paid, and from which no monies should be issued without
order from the Assembly, thus endeavouring to disinherit his Majesty
of his undoubted right of receiving and disposing of public treasure.
That in pursuance of this Act, he refused 201. to Sir Thos. Modyford,
for the repair of his Majesty's shallop Stingray, whereby the works
of the fort have remained unprosecuted ever since. That he has
also procured himself to be elected clerk of this present Assembly,
and has done his utmost to infuse his traitorous principles into the
members, but they altogether disown and abhor his advice. Sir
Thos. Whetstone therefore requires that Long may be brought to
answer for his treasonable practices and contrivances, and receive
suitable censure from the Assembly. 3 pp. [Col. Papers, Vol.
XVIII., No. 131.]
Nov. 3, 838. Warrant of the Governor of Jamaica to the Provost-
Marshal, for the apprehension of Samuel Long, clerk of the
Assembly. That he hath by seditious speeches and arguments
252
COLONIAL PAPERS.
1664.
endeavoured to infuse dangerous principles into the heads of
members of said Assembly, advising them not to trust the King
with any fines or other levies, but to make them all payable to a
Treasurer of their own, lest the King should give them away by a
Privy Seal, thereby endeavouring to take from his Majesty the dis-
position of public monies, which is the chief flower of his crown,
being the ornament of peace and the sinews of war. Holds it his
duty to stop the first steps of rebellion, the foundation of which has
always been laid by placing the public moneys in private hands.
1 p. [Col Papers, Vol. XVIII., No. 132.]
Nov. 7. 839. Report of the Committee for the affairs of Jamaica to the
Whitehall. King. That his Royal Highness be desired to write to the privateers
in the West Indies to forbear all acts of hostility upon the Spaniard
until further order, to give them liberty to dispossess the Dutch from
Cura9ao and their other plantations, and then to come and serve his
Majesty in these parts. That a letter be written to the Governor
to allow the planters in Jamaica to transport goods from England,
for their own consumption only, free of duty, under a certificate
from the Governor. And that Bishop Russell before his departure
be desired to move the King of Portugal for license to transport
600 head of cattle from Portugal to Jamaica. 1 p. [Col. Papers,
Vol. XVIII., No. 133.]
Nov. 7. 840. Ambassador Van Gogh to [the Secretary of the States
Chelsea. General]. Account of his audience with the King, when he deduced
at large the injuries, violences, and outrages committed by the Eng-
lish against the subjects of this State in the taking of New Nether-
lands. His Majesty said that he had had both in writing and by
word of mouth a full and large relation, but that the matter was so
prolix that all could not be well remembered, but that he would
give his answer to all particulars in writing. That it was done
with his knowledge and by his order, as being a business which
properly belongs to the English, that the ground was theirs and
they had built upon it, and that the same was afterwards taken
from the English by the Netherlands West India Company, and
by them only something more built upon ; that they had not had
possession thereof much above four years, and that the English
will justify and demonstrate their right to all this. Van Gogh
replied that the Netherlands nation had now for 50 years together
had quiet possession in those parts, which ought not in equity or
reason to be taken from them. To which his Majesty returned
answer, "I shall cause an answer of all to be made in writing,
which shall be suddenly given you." Van Gogh thereupon took
occasion to say that these actions would turn to no other end but
a widening of the breach between both nations, and it was to be
feared further mischiefs would arise. The pressing of men is, Van
Gogh adds, grown to such a height in England that prentices, handi-
craftsmen, and even shoemakers are pressed. 4 pp. Printed in
New York Documents, III., 77-79. [Correspond. Holland.]
[Nov. 9.] 841. Thomas Kendall to Sec. Lord Arlington. Beseeches him
to get the Council to grant free trade to Jamaica, and if that cannot
AMERICA AND WEST INDIES. 253
1664.
be obtained to refer his paper to the Fanners of the customs. Also
to give positive orders about the privateers that are out, concerning
which he left a paper. Now sends another paper, the contents of
which much concern the peace and well government of the colony,
and desires it may be read at the Council. Indwscd, Rec. Nov. 9,
1664. 1 p. [Col. Papers, Vol. XVIII., No. 134.]
1664 ? 842. Propositions of Mr. Kendall (Sir Thos. Modyford's brother-
Nov. ? in-law) concerning the settling of Jamaica. That the chiefest
encouragement for the speedy peopling of Jamaica will be that
the Governor have power to admit of free trade, except blacks, at
least for two or three years, which cannot be 100Z. a year loss in
the customs. Free trade being denied to the rest of his Majesty's
Plantations (except Surinam), there will be nothing more consider-
able to invite those that have a mind to leave Barbadoes, the Leeward
Isles, and New England to settle in Jamaica ; and the Royal Com-
pany's trade will be increased ; for the planter accounts himself
rich according to the number of blacks he is master of. And if his
Majesty please one year more to pay for the passage of those from
Barbadoes that cannot do it themselves, which will not cost 1,0001.,
it will encourage others to go on their own charge, when numbers
take away the fear of the Spaniards. The French King permits his
subjects on the Caribbee Islands free trade with all nations, and of
late has taken away two-thirds of the customs on commodities
imported into France from thence, and they pay him no customs
there. Indorsed, Mr. Kendall's propositions concerning Jamaica.
Custom free. 1 pp. Two copies. [Col. Papers, Vol. XVIII.,
Nos. 135, 136.]
Nov. ? 843. Proposition of Mr. Kendall concerning calling in the priva-
teers of Jamaica. That it be referred to the Governor of Jamaica
to use all possible means to get in the privateers, which must be
done by fair means, and giving them leave to dispose of. their prizes
when they come in, otherwise they will be alarmed and will go to
the French at Tortuga, and his Majesty will not only lose 1,000 or
1,500 stout men, but they will still take Spaniards and disturb the
trade to Jamaica, and if war break out with Holland, will certainly
go to the Dutch at Curagao and interrupt all trade to Jamaica ; for
they are desperate people, the greater part having been in men-of-
war for 20 years. Therefore it will be much to the advantage of
the Spaniard that the Governor has orders to permit them to sell
their prizes, and set them a planting ; and if his Majesty shall think
fit to have Tortuga or Cura9ao taken, none will be fitter for that
work than they. Indorsed, Mr. Kendall's propositions in what
manner to call in the privateers of Jamaica, f p. [Col. Papers,
Vol. XVIII., No. 137.]
Nov. ? 844. Proposals for the civil government of Jamaica by Thomas
Kendall, being an extract from Sir Thos. Modyford's letter of Aug. 10
[see ante, No. 785]. Concerning the division of the country into
counties, hundreds, and tythings, the appointment of sheriffs instead
of a Provost-Marshal, and the establishment of courts of common
254 COLONIAL PAPERS.
1664?
pleas at St. Jago. Indorsed, Mr. Kendall's last paper, proposing
some methods in the civil government for Jamaica. 1 p. [Col.
Papers, Vol. XVIII., No. 138.]
1664 ? 845. Request [of Thos. Kendall] for payment of 1,331?. 16s. Sd.
to the Royal Company, for freight of 748 persons in two ships from
Barbadoes to Jamaica, for which Sir Thos. Modyford has given his
obligation. Indorsed, Mr. Kendal's papers of Jamaica, money due
to Sir Thos. Modyford. For 1,33H. 16s. Sd. to be paid to the Royal
Company. 1 p. [Col. Papers, Vol. XVIII., No. 139.]
1664. 846. Sir Jo. Skelton to Williamson. The frigate Martagne
Nov. 11. Galley from New England gives assurance that Capt. Nicolls has
reduced the New Netherlander. The Elias frigate was cast away
upon that coast. [Dom., Chas. II., Vol. CIV., No. 75, Cal, p. 60.]
Nov. 11. 847. Lists of members of Committees appointed by the Council
Board ; among them the following : For Jamaica and Algiers,
Dec. 5, 1660. For Jamaica, July 3, 1661. For the Plantations,
July 4, 1660, with additional members appointed, May 22, 1661,
Sept. 5, 1662, and Oct. 21, 1663. For Jamaica, about instructions
for government, July 3, 1661. For the Guiuea trade, Nov. 20, 1661.
For the Royal Company of Adventurers, Nov. 28, ] 662. For the
fishing in Newfoundland, Dec. 2, 1663. To examine a proposal
about preventing the running away of persons entertained [for the
Plantations] upon pretence they were spirited. [Dom., Chas. II.,
Vol. CIV., No. 76, Cal, pp. 60-62.]
Nov. 13. 848. License to John Brown to trade with four Scotch ships to
the English colonies and Plantations, notwithstanding the late Act
of Navigation. [Dom., Chas. II., Vol. CIV., No. 88, Cal, p. 65.]
Nov. 14. 849. The Lords Proprietors of Carolina commission to Robt.
Samford. Appointing him secretary and chief registrar for their
county of Clarendon in the Province aforesaid, the duties of which
offices are set forth ; with such salary, fees, and perquisites as by them
and their General Assembly of the said county shall be appointed.
| p. [Col Entry Bk, No. XX., p. 17.]
Nov. 14. 850. Ambassador Van Gogh to [the Secretary of the States
Chelsea. General]. Has received their High Mightinesses' letters and resolu-
tions of 24th Oct. upon the remonstrance of the West India Com-
pany complaining of the English for making themselves masters of
New Netherlands. Account of another audience with the King last
evening, in which he repeated his former arguments and desired
redress, also repeating the reasonable offers towards the reparation
of damages pretended by the English. His Majesty added to what
he had formerly said that he could also have brought a greater
number of ships to sea (naming 40 sail) if that he would have fol-
lowed the desires of the people, but that he has been willing to show
himself inclinable to peace in all respects. Van Gogh assured his
Majesty of their High Mightinesses' special and entire inclination for
the continuance of mutual good correspondence, and that all pos-
AMERICA AND WEST INDIES. 255
1664.
sible means ought to be used to remove differences and prevent
further breaches. His Majesty said he knew not what more to say,
but that he had caused his answer to be drawn up in writing, which
should be sent to Van Gogh in a few days. His Majesty still seemed
to remain dissatisfied with all that was said, but in general referred
to the answer to be given in writing. 4 pp, Printed in New York
Documents, III., 80, 81. [Correspond. Holland.]
1664? 851. Alexander d'Hinoyossa [late Governor of the Delaware] to
Col. Nicolls, Governor of New York. Acknowledges his very agree-
able letter and his sorrow for his own loss. His Honour can console
him therein by restoring his lost estate, which if the writer could
get back he would live under Nicolls' government on the same con-
ditions as he had from the city of Amsterdam to cultivate the land
for their mutual profit, should this be more advantageous to his
Honour and servicable for the South River than that the writer
should now quit. Answer should be sent to Capt. Thos. Howell in
Maryland, where the writer will remain two or three months. If
Nicolls does not accept requests a letter to the Duke of York in
order that he may apply to his Highness on the subject. Dutch,
2% pp. Printed in New York Documents, III., 82, 83. [Col. Papers,
Vol. XVIII., No. 140.]
1664. 852. Petition of Henry Chicheley, Edward Digges, John Jeffries,
Nov. 16 ? and Francis Moryson to the King. In obedience to the orders of
the Privy Council of 5th Oct. last, herewith present propositions
which they conceive will conduce very much to the good of
Virginia. Pray for a speedy time to be appointed for the hearing
and determining of them. Annexed,
Representation of the necessity of lessening the quantity of
tobacco, and proposals for the effecting it. Indorsed, " Rec. Nov.
1664." Together 3pp. [Col Papers, Vol. XVIII., Nos. 141, 141 1.]
[Nov. 17.] 853. Warrant to pay Sir Thomas Modyford, Governor of
Jamaica, 1,200Z. towards transporting 1,000 passengers to Jamaica.
Indorsed, 17th November 1664. [Dom., Chas. II., Docquet.]
Nov. 17. 854. Contract between the King of England and the Duke of
Courland. The King grants to the Duke, his heirs and successors,
liberty of trade for ships belonging to himself or themselves, but not
to ships belonging to his subjects, in any river or haven within his
Majesty's dominions on the coast of Guinea, also in merchandise not
exceeding the value of 12,000?. yearly, with power to build ware-
houses under his Majesty's forts. In consideration whereof the
Duke makes over to the King, his heirs and successors, the Fort of
St. Andrews in Guinea, and all other his forts there, with warlike
stores and instruments, and agrees to pay his Majesty 3 per cent, on
all goods imported or exported by him at said ports. His Majesty
further grants to the Duke, his heirs and successors, the island of
Tobago, one of the Caribbee Islands, on condition that he suffer not
any but his own subjects or those of his Majesty to settle in said
island, who shall enjoy the same liberties, privileges, and iimnuni-
256 COLONIAL PAPERS.
1664.
ties as the subjects of the Duke. And the Duke promises that no
products of said island shall be imported or exported otherwise than
into ports belonging to England and Courland or the port of
Dantzic. And that whenever the King or his successors shall be
engaged in war, except against the King of Poland, the Duke shall
furnish a ship of 40 guns, to be manned and paid by his Majesty,
but not for more than a year at a time. Latin and English trans-
lation. Two papers. [Col. Papers, Vol. XVIII., Nos. 142, 143.]
Nov. 19. 855. The answer of Lord Baltimore to the paper exhibited on
16th inst. to the Lords of the Privy Council by Sir Henry Chicheley,
John Jeffries, Edward Digges, and Col. Francis Moryson, containing
certain proposals for the lessening of the quantity of tobacco in
Virginia and Maryland [see ante, No. 852]. 3 pp. [Col. Papers,
Vol. XVIIL, No. 144.]
Nov. 19. 856. Order of Committee for Foreign Plantations. That the
Whitehall. Farmers of the Customs appear at this Committee on the 24th inst.,
November (concerning the stinting of tobacco in Virginia and Mary-
land). 1 p. [Col Papers, Vol. XVIIL, No. 145.]
Nov. 19. 857. Col. Walter Slingsby to Williamson. Henry Miller, boat-
swain of the Elias, gives particulars of the taking of New Nether-
lands ; after taking the place they went 40 leagues higher and took
Fort Aurania, which they called Fort Albany ; Sir Robert Can*
went to Dilloway and surprised another Dutch fort The Elias
foundered coming from Sandy Hook on the coast of New England
140 leagues from shore. [Dom., Chas. II., Vol. CV., No. 19, Cal.,
p. 80.]
Nov. 19. 858. H. P to John Knowles. The Quakers sentenced to
banishment from Hertford to Barbadoes and Jamaica are returned ;
the master of the ship certified that he had put them ashore by
reason of disasters that had befallen him since their coming aboard,
and for that he judged it contrary to the laws of England to trans-
port men without their consent. [Dom., Chas. II., Vol. CV., No. 20,
Cal., p. 80.]
Nov. 21. 859. Captain Morris Williams to Sir Thos. Modyford. Has
received his letter, and is willing to bring his prize into Port Royal,
if security be given that it shall be condemned to him, and will
give up the English goods to Mr. Lidcott, on payment of freight.
The Governor's Answer. Never was a ship condemned in the
Admiralty Court until she was within its jurisdiction ; if he turns
rebel to please his men, he will find that princes have long arms ;
and even if he obtains the King's pardon, the prosecution of the
English merchants will never leave any of you out of gaols until
they are satisfied. Has now said and promised all he can or dare,
to preserve him in his allegiance. l^PP- \Col. Papers, Vol. XVIIL,
No. 146.]
Nov. 24. 860. The Lords Proprietors of Carolina Commission to John
Vassall. Appointing him Surveyor-General of their county of Cla-
rendon, by himself or deputy, the duties of which office are set forth ;
with such salary, fees, and perquisites as by them and their General
AMERICA AND WEST INDIES. 257
1664.
Assembly of the said county shall be appointed. p. [Col. Entry
BL, No. XX., pp. 17, 18.]
Nov. 25. 861. The King to Francis Lord Willoughby, Governor of the
Whitehall. Caribbees. In this conjuncture of a war between England and the
United Netherlands, his Majesty has granted the Isle of Tobago to
the Duke of Courland, his heirs and successors, for the equal benefit
of his Majesty's subjects and his own. Directs him and all under
his command to perform all friendly offices to said Duke's subjects
and officers. 1 p. [Dom. Entity Bk., Chas. II., Vol. XIV., p. 45.]
Nov. 25. 862. Mem. in Sec. Sir H. Bennet's hand, for the Order in
Council of this date, for the stinting of tobacco. That the limitation
of planting the quantity of tobacco is inconvenient both to the
Plantations and his Majesty's Customs. That limiting the time of
ships to go or come from Virginia or Maryland will be incon-
venient to the planters and to his Majesty's Customs. Encourage-
ment to produce pitch, hemp, and tar. 1 p. [Col Papers, Vol.
XVIIL, No. 147.]
Nov. 25. 863. Order of the King in Council. The hearing of the agents
of Virginia and Lord Baltimore concerning the agreement of Com-
missioners for lessening the quantity of tobacco, consultation with
the Farmers of his Majesty's Customs thereon, and their report that
there should be no cessation, stint, or limitation imposed on the
planting tobacco in Virginia or Maryland, nor any time limited for
ships coming from either of those Plantations. Approving said report
and directing accordingly, also that all hemp, pitch, and tar imported
from thence of the manufacture or growth of those colonies should
be custom free for five years. 2pp. [Col. Papers, Vol. XVII I.,
No. 148.]
Nov. 25. 864. Order in Council, that notice be given in despatches to
all foreign parts, and especially to the Plantations and factories in
Africa and America, of the seizure made in England of all Dutch
ships, and that letters thereof be speedily sent to Lord Willoughby
of Parham, Sir Wm. Berkeley, Sir Thos. Modyford, and the Commis-
sioners of New England. [Dom., Chas. II., Vol. CV., No. 83, Cal.,
p. 90.]
Nov. 25. 865. Minutes of documents relating to Naval affairs. Order for
all hemp, pitch, and tar from Virginia and Maryland to be custom
free for five years, in order to encourage the planters to apply them-
selves to commodities more beneficial than tobacco. [Dom., Chas. II.,
Vol. CVL, No. 99, Cal, p. 114.]
Nov. 29. 866. Circular letter from the King. Whereas his Majesty has
granted licence for five years to Sir James Modyford to take all
felons convicted in their circuits and at the Old Bailey, and after-
wards reprieved in order to transportation to Foreign Plantations,
and to transmit them to Sir Thomas Modyford, Gov. of Jamaica ;
his Majesty hereby requires them to afford all requisite aid to said
Sir James Modyford in the execution of this licence. 1 p. [Dom.
Entry Bk., Chas. II., Vol. XIV., p. 46.]
M 605. K
258 COLONIAL PAPERS.
1664.
Nov. 30. 867. Circular letter from the King to Admirals, &c. Whereas
his Majesty has granted a Patent to John Browne and his heirs for
setting up a work for refining sugar in Scotland, and whereas by
a late Act for the encouragement of trade, all Scots ships seem to
be excluded from trading with any Plantations belonging to his
Majesty, by which said John Browne should be wholly destroyed
as to that so public an undertaking ; his Majesty grants to said
John Browne licence for four Scots ships to have free trade with
those Plantations, provided said ships return directly into Scotland
or England. See ante, No. 848. 1 p. [Dom. Entry Bk., Chas. II.,
Vol. XVI., pp. 286, 287.]
Nov. 30. 868. Declaration at a Council held at Boston, called by the
Boston. Governor, Capt. Googing, Mr. Russell, and Mr. Lousher. In answer
to a letter to the Gov. and Council from Henry Joslin, John Arch-
dale, Edward Rushworth, &c. on behalf of Ferdinando Gorges for
the surrender of the Province of Maine to Gorges or his Commis-
sioners according to the King's letter of 11 June 1664 [see ante,
No. 750]. That the lands contained in the county of York by
them called the Province of Maine were and are claimed as part
of the Patent granted to the Massachusetts which precedes that
granted to Sir F. Gorges, and therefore the Council may not give
up the interest of the Colony without the consent of the General
Court, who no doubt will be ready to attend the King's order to
give his Majesty their reasons for their so claiming. They have
good reason to believe the King h,as been misinformed concerning
this matter, and that their messengers to him have been misre-
presented or mistaken. They declare that no Commissioners from
Gorges ought to exercise any government in Yorkshire or Province
of Maine, but the inhabitants should yield obedience to the Massa-
chusetts, who have the King's liberty to vindicate their right before
any absolute injunction of surrender, so that in case of any evils
falling out by the interposition of said Commissioners, they must
be made accountable for the same. 1 p. Two copies. [Col.
Papers, Vol. XVII L, Nos. 149, 150.]
Nov. ? 869. Petition of Capt. Richard Carr to the King for relief and
employment ; wishes to send for his wife and children from America,
where they have suffered great hardships through his eight years'
imprisonment in Spain. A warrant for 100?., the King's free gift,
to encourage Carr in his military arts and sciences, is dated 16 Nov.
Entry Bk, XVIL, 71. [Dom., Chas. IL, Vol. CIV., No. 135, Cal,
p. 74.]
Dec. 1-28. 870. Instructions for the justices of the parishes in Jamaica.
Dec. 2. Form of the judge's oath, and warrant to Peter Pugh to
administer same to Robert Byndlos, chief judge; and to William
Beeston and Robert Corker, judges, at the Court of Common Pleas.
Dec. 15. The form of the coroner's oath and warrant to the Chief
Judge of the precincts of St. Katherine's parish to administer the
same to whoever shall be chosen Coroner by the Freeholders.
Dec. 28. Orders and rules directing the jurisdiction, method, and
forms of proceedings, in the courts settled for the several precincts
AMERICA AND WEST INDIES.
259
1664.
Dec. 2.
Whitehall.
Dec. 7.
Whitehall.
Dec.?
Dec. 13.
Dec. 13.
Barbadoes.
and parishes within this island, set forth by the Governor and
Council of Jamaica.
Table of fees to be received at the inferior Courts, and by the
Bailiff, Marshal, or Sheriff. 10 pp. [Col. Entry Bk., No. XXXIV.,
pp. 94-104.]
871. License of the Committee of the Admiralty. For the ship
the Great Charles, freighted by Sir Robt. Yeamans with servants,
provisions, and horses for Barbadoes, to be free from imprest. Signed
by Duke of Albemarle, Lords Ashley and Jo. Berkeley, Sirs Henry
Bennett, Edw. Nicholas, and John Nicholas. 1 p. [Col. Papers,
Vol. XVIIL, No. 151.]
872. Order of the King in Council. Whereas Nich. Lucas, Hen-
Feste, Hen. Marshall, Fras. Pryor, Jo. Blendall, Jeremiah Hearne,
and Sam. Trehorne, convicted at Hertford, and sentenced to be trans-
ported to some of his Majesty's Plantations in the West Indies, were
put on board the Anne of London, Thos. May, master, who set them
on shore in the Downs to go whither they pleased. Ordered that
said ship be seized on her return, and Thos. May sent for to answer
his contempt and offence. 1 p. [Col. Papers, Vol. XVIIL, No.
152.]
873. Petition of William Willoughby and James Halsall, his
Majesty's servants, to the King. That they may have the manage-
ment of collecting the King's moiety of the revenue of the Caribbee
Islands, which by an Order in Council [of 13th June 1663, see No.
482] is designed to pay off the late Earl of Carlisle's debts. Offer to
do so upon his Majesty receiving an annual rent of the same value
as the past year, " of as full profit as can be hoped to be made of a
declining plantation as that of the Barbadoes apparently is," and
which cannot reasonably be expected to improve. Rough draft, in
the handwriting of Wttliamson, full of corrections. 2 pp. [Col.
Papers, Vol. XVIIL, No. 153.]
874. Petition of Wm. Willoughby and James Halsall, " who
desire to ascertain and be accountable for his Majesty's revenue in
the Barbadoes, &c." Referred to the Earl of Southampton, Lord
High Treasurer of England, to consider and report to his Majesty.
$ p. [Dom., Entry Bk., Chas. II., Vol. XVIIL, p. 104.]
875. Presentments and requests of the Grand Jury, viz., Jeremy
Taylor, for presuming to marry without a license or being in orders ;
the inhabitants of St. Michael's for not keeping their bridges in
good repair ; sundry small houses for selling rum ; the insufficiency
of the Act for repairing the highways, and request that the justices
of the peace may have power therein; Anne Pace, spinster, for
having a bastard child, and Robt. Tothill for frequently accompany-
ing her ; Robt. Inman for notorious ill behaviour ; John Fenwick,
Provost-Marshal, for taking prisoners out of the common jail and
sending them to work on his plantations; thanks to Lord Wil-
loughby for the safety of the island, as by his ordinance of 12th
Oct. 1664. Request that the quarter sessions may be kept only at
E 2
260
COLONIAL PAPERS.
Dec. 14.
Madrid.
Dec. 20.
[Newhaven.]
1664.
St. Michaels and Spikes, that no alien or foreigner be allowed to
keep any house of entertainment ; that none of his Majesty's free-
born subjects residing in Barbadoes be permitted to keep in their
houses within any town more negroes than Christian servants ; that
no alien be allowed to keep any negro, by which there will be more
employment for his Majesty's free-born subjects ; that four or five
troops of dragoons be formed out of the militia ; that the abuses of
the under officers in levying the customs be redressed ; that the
arms which lie useless at St. Lucia be brought back for safety ; that
for the future there be no post office for letters in the island, for that
many inconveniences and abuses are incident to it. And that these
presentments and requests may receive more attention than those
made formerly by grand juries to other Governors. Signed by Robt.
Hooper. Certified copy dated 5th July 1665. 2 pp. [Col. Papers,
Vol. XVIIL, No. 154.]
876. Capt. Sam. Carrington to the King. Can /destroy by fire-
works any vessel in half an hour either under or above water.
Will want a safe conduct to England, owing to debts of 3.000Z.,
incurred through losses in his Majesty's service in Barbadoes and
the Caribbees in 1650, and in Gambia with Prince Rupert in 1652.
\Dorn., Chas. II., Vol. CVL, No. 86, Cal, p. 112.]
877. Wm. Jones to [Sec. Morrice]. At a meeting of the deputies
of this colony [of Newhaven], it was agreed to inform [Sec.
Morrice] by letter of the injuries the colony suffered from the Dutch
at Delaware Bay about 14 years ago, being violently repulsed out
of their just purchase and possession there, and their trading house
pillaged and burnt. Two or three years afterwards a new attempt
was made, and sundry persons were imprisoned by the Dutch. The
Indians of whom they purchased the land still own the right and
much desire the coming of the English. Humbly desires that their
just claim to the premises, when more fully presented, may be ad-
mitted. Printed in New York Documents, III., 82. 1 p. [Col.
Papers, Vol. XVIIL, No. 155.]
878. Samuel Mavericke to Col. Nicolls. Col. Cartwright and
Mavericke parted at Rhode Island, whence he sent him an account
of their quick passage. Intended to have given a visit to the
Governor of Plymouth, but finding no tract, he came straight
hither, where is also Col. Cartwright. Knows not as yet how the
people stand affected, but shall by degrees find out, and to that
purpose intends going to Salem, and as the weather proves, possibly
to Piscataqua. Beseeches him to hasten away Sir Robt. Carr, and
send them instructions for their proceedings. Finds it will be
necessary that all capable of being freemen have notice to appear, as
the election is about the beginning of May. 1 p. [Col. Papers,
Vol. XVIIL, No. 156.]
Dec. 28. 879. A particular of ordnance, arms, powder, shot, and other
things sent to Barbadoes per the ship John and Thomas, in order
to the planting and settling of Portlloyal, total cost 284?. 12s. 3d.
Also invoice of 100 firelocks at 10s. each sent at same time, to be
Dec. 20.
Boston.
AMERICA AND WEST INDIES.
261
1664.
[1664.]
1664.
Jamaica.
sold to such persons as shall desire to go to Carolina but want arms.
1 pp. [Col. Entry Bk., No. XX., end of Volume.]
880. Form of a Commission from Sir Thos. Modyford, Governor
of Jamaica, for the Surveyor-General of Jamaica, with the form of
oath to be taken, and of the bond of 100?. to be entered into for the
faithful discharge of said office. Indorsed, 1664. 2 pp. [Col.
Papers, Vol. XV II I., No. 157.]
881. Mem. that Lord Willoughby before his departure last year
as Governor of Barbadoes, was empowered to lay a new custom of
4 per cent, upon the sugars of the island, and one half was granted
to the Governor, but as he receives it all, no account has been
received by the Exchequer " nor ever will be." [Col. Papers, Vol.
XVIII. No. 158.]
882. Twenty-seven Acts passed by the Governor, Council, and
Assembly of Jamaica, viz. 1. An Act against excessive usury. 2.
For the good governing of servants and ordaining the rights between
masters and servants. 3. For foreign attachments. 4. Requiring the
inrollment of deeds. 5. Rating meat sold by retail. 6. Empowering
any freeholders to plead their own cause.' 7. For the better main-
tenance of the ministry. 8. Declaring war against the outlying
Spanish negroes, unless they submit to the Government. 9. Concern-
ing the court-house. 10, 12. For regulating of the freight of boats,
wherries, and other vessels and their owners and employers. 11.
For the better ordering and governing of negro slaves. 13. To
prohibit transportation of several commodities out of this island in
a plantable and growing condition. 14. For preventing of retailing
of strong liquors by all unlicensed persons. 15. An additional Act
for the speedy raising of a public treasury in this island. 16. For
the encouraging of the produce and manufacture of this island, &c.
17. Against tippling, cursing, and swearing. 18. For dividing
Jamaica into several parishes and precincts. 19. For "regulating
hunters. 20. Authorising his Majesty's justices of the peace within
this island to take cognizance of and decide all pleas and differences
betwixt person and person, not exceeding the value of 40s., &c.
21. Appointing rates for the goods of this island. 22. For regu-
lating the fees of the several offices of this island. 23. For the
raising of a public revenue out of all strong liquors imported or to
be imported into this island and for the disposal thereof. 24. Em-
powering the Secretary of this island to take sufficient security of
every master of a ship or vessel and other persons that depart this
island. 25. Declaring the laws of England in force in this island.
26. Requiring the speedy survey of and taking out of patents for
the several proportions and allotments of land to the respective
inhabitants of the island, together with the regulating fees for the
broad seal of the same ; as also for expediting the improvement of
the said lands. An Act for the better amending and keeping
clean the common highways and known broad paths within this
island, leading to church and market, and for laying out new
highways, and turning old ones where it shall be needful. 27.
Declaring the proceedings of the Assembly convened by the Deputy
262
COLONIAL PAPERS.
1664.
1664.
Nevis.
Governor Sir Chas. Lyttelton, Knight, null and void in law, 54 pp.
[Col. Entry Bk., No, XXXVII., pp 55-81.]
883. An Act for settling an impost (4 per cent,) on the com-
modities of the growth of this island." 3 pp. [Col. Entry Bk.,
No. XLIX., pp. 6-8.]
1664. 884. Copy of the preceding Act printed in the "Acts of Assembly
Nevis. passed in the island of Nevis from 1664 to 1739 inclusive. London,
1740." The second Act planted in this volume is dated 1680.
[Col Entry Bk., No. LVIL, pp. 1-3.]
1664? 885. R[ich.] N[icolls], [Sir] R[obt.] C[arr], and S[amuel]
M[averick] to Edward Rawson. Request him to deliver the enclosed
letter to the Governor and Assistants of the Massachusetts so that
they may have a full and speedy answer thereto, which they request
may be delivered to Sainuel Maverick. 1 p. [Col. Papers, Vol.
XVIIL, No. 159.]
1664. 886. Admiralty papers of the year ; among them is a list of tenders
of goods addressed to Navy Commissioners ; in this list is a tender,
dated July 28th, by Sir Win. Warren, of New England masts, 33 to
35 inches diameter, at 95?. to 115?. per mast. [Dom., Chas. II., Vol.
CVIIL, Gal, p. 131.]
1664 ? 887. " The state of the case concerning our title to Sta. Lucia."
1. By the law of nations the island is judged to belong to the first
possessors. So the title will be properly a question of fact and not
of law, viz. : Whether we or the French did first possess that
island, for a single discovery or knowledge that there was such
an island, gives no more right to it than the seeing a bird or wild
beast makes it ours ; there is required an actual possessing. 2. By
Commission granted to [Thos.] Warner in 1626, who, at the expense
of Ralph Merrifield, first made discovery of them, it is evident
he had the propriety of St. Christopher's, Nevis, Montserat, and
Barbadoes, by name of all islands by him discovered near adjoining,
and not in the possession of any Christian Prince ; and Sta. Lucia is
next adjoining to Barbadoes, so that sufficiently confirms our title,
provided we make clear proof of our first discovery. 3. By Letters
Patent of 3rd July, 3 Car. I. (1627), this island by name amongst
many others was granted to the Earl of Carlisle, and all others
within 20 N. lat. 4. The first actual possession, the English appear
to have taken of it, was in 1638, when Warner, who was content to
be Governor under Lord Carlisle's Patent, granted a commission to
one Capt. Judlee of St. Christopher's to settle it ; who accordingly
settled it with three or four hundred men, and kept the same, till
for want of supplies and being continually infested by the Indians,
abetted by the French, who were said to go naked among them and
paint themselves as the Indians do, the English were forced from
the island in 1641 ; their Governor being first killed. The island re-
mained fo'r several years unpossessed by any but Indians, till in 1652,
a little before Lord Willoughby arrived in Barbadoes, a treaty was
commenced between some inhabitants of Barbadoes and the Indians
of Sta, Lucia and adjacent isles ; notice whereof being taken by the
AMERICA AND WEST INDIES. 263
1664?
French of Martinico, they put over 15 or 16 persons, who remained
there, not planting any settlement, but only for a pretence to make
a claim to the island. Draft in Williamson's handwriting, see ante,
Nos. 581, 582. 2^ pp. [Col Papers, Vol. XVI 1L, No. 160.]
1664 ? 888. Fair copy of the preceding, with one or two corrections and
additions by Williamson, who has endorsed it, Sta. Lucia : Our title.
2 pp. and 2 lines. [Col Papers, Vol. XVIII., No. 161.]
1664 ? 889. Copy of the preceding. [Col. Papers, Vol. XVIII., No. 162.]
1664 ? 890. "The state of the case, setting forth the King's right and
title to the island of S* 31 Lucea, and all the rest of the Caribbee
Islands." This is almost a copy of paragraphs two, three, and four
of the preceding paper. 2 pp. Two copies. [Col. Papers, Vol.
XVHL, Nos. 163, 164.]
1664. 891. "The French pretences to Sta. Lucia." 1. It is said by the
French, that in 1626 certain Frenchmen obtained a commission from
Cardinal Richelieu to plant St. Christopher's and neighbour islands.
Whether this island was in the number appears not, but be it in the
grant or not the title ariseth from actual possession. 2. This grant
was confirmed to the Company des Isles d I'Amerique by Letters
Patent of March 1642, of all islands between 10 and 30 N. lat.,
not possessed by any Prince or State Christian, or belonging to
enemies of France, or possessed by French without commission.
3. In 1650 the Sieur de Beringer and Desloynes, by a power of the
Company, sold their right, Sept. 22, to Martinique, Grenade, Grena-
dine, and St. Alousie, for 41,500 livres Tournois, to the Sr. du
Parquet (Jaques Diel) [see ante, No. 568] ; Governor des Isles de la
Martinique by Letters Patent, Oct. 1651. 4. In 1663 it is said
that the right to those islands was fallen to different persons. Guada-
loupe and Mary Galande [Marigalante] belonged to the Sieurs Houet
and Boisseret (Madame Houet is alive, 1664), Martinique and Sta.
Lucia were in the heirs of the Sr. du Parquet, Grenada and Grena-
dines in the Sieur Cerillac and his heirs. But the French King
minding to reunite these broken interests in himself, or to give the
whole to a West India Company now to be erected, in which he
himself goes one tenth, constitutes D'Haligne, Colbert, and De Seve
to examine all titles of pretenders to the islands, and agree with
them for their respective interests. " What was the issue of this is
worth the inquiring into, he being in a condition to make any
title valid, when it comes to be his own." Immediately upon this
transaction, viz., in March 1664, the Sr. de Tracy was dispatched
from La Rochelle, with seven ships and near 1,500 passengers and
soldiers, to recover and assert the French title as well to these
islands, as to La Cayenne and Canada. Draft full of corrections by
Williamson. 4 pp. [Col. Papers, Vol. XVIII., No. 165.]
1664. 892. Fair copy of the preceding, indorsed by Williamson, The
French pretences to Sta. Lucia. 2 pp. [Col. Papers, Vol. XVIII.,
No. 166.]
1664. 893. Another copy of the above. 2 pp. [Col Papers, Vol.
XVIIL, No. 167.]
264 COLONIAL PAPERS.
1664 ? 894. Notes in the handwriting of Williamson relating to the
West Indies. Providence Island, heretofore called Cateline Island,
was in the English till 1640, when the Spaniards took it. Tortuga,
afterwards called Association Island, first " habituated " by certain
English noblemen in 1629, but in 1634 the Spaniards beat them
out. Sta. Cruz, an English island till 1651, when the Spaniards
beat them out, Nich. Phelips being Governor. 1 p [Col. Papers,
Vol. XVIII., No. 168.]
1664 ? 895. Notes by Williamson, relating to the West Indies. Bar-
badoes : My Lord to move next Council day for a Committee to
report whether several Acts from the islands for the imposition of
4 per cent., and one for revoking the state in Antigua, are fit to have
the King's confirmation. Petitions from the Leeward Islands ; by a
letter from the King to intimate to L(ord) W(illoughby) that the King
will connive at it, though he thinks it not fit to give any privy
dispensation in it. That the season for defending Sta. Lucia will be
here ere long, which his Majesty will take care to do, and his
Lordship must in the meantime make his own party as good as he
can : that a ship either is or shall be shortly sent, but the paying of
her cannot be taken up on that fund, being otherwise assigned, and
out of the King's power. To have such permission of christening the
regiment, provided it cost no money ; though its a hard chapter to
be at expense from here upon the Plantations, yet it may be recom-
mended by my Lord to the King to send 1,000 muskets. Designs
upon the Dutch ; the condition of things being now different, his
Lordship is to preserve himself as he is, till his Majesty's affairs suffer
him to take further thoughts in it. Indorsed, Plantacons, Barba-
does, Jamaica. Sr. Rich. Fanshaw. Resolucons taken with my
Lord Chancellor. 1 pp. [Col Papers, Vol. XVIII., No. 169.]
896. Petition of Gregory De La Croix to Lord Willoughby,
General of the English West India Islands. Sent for England
about Easter last by order of his Excellency, he transported himself
as far as the fleet would go, namely, to Ireland, where he was
accused of being a Jesuit and a spy, and forced to stay there four
months in great want. These ships coming for the West Indies he
was forced to beg a pass of the Governor for Antigua and Barbuda,
where petitioner has some acres of land, which pass the Governor
granted, as he knew petitioner " was never nor a Jesuit nor a spy,"
and that he had been one of the Queen Mother's servants. Prays
leave to gather his things, and then to live at Antigua, where he
promises to serve the public in matters of physic. Draft full of
corrections. 2 pp. [Col. Papers, Vol. XVIII., No. 170.]
1664 to 1671. 897. Accounts of the revenue of Jamaica and disbursements,
extracted from the books of accounts of Governor Sir Thos. Mody-
ford, 'which books were duly kept by way of debtor and creditor,
after the Italian manner, arranged under the several heads of the
King's particular account : Ammunition account ; Ale-house impost ;
Escheats belonging to the King ; Fifteenths of prizes to his Majesty ;
Quit rents ; Storehouses at Port Royal. 31 pp. [Col Entry Bk,
No. XXVII., pp. 158-168.]
AMERICA AND WEST INDIES.
265
1664 to 1672. 898. " Extract of all his Majestys despatches to the Plantations,
from 1664 to 1672. Earl of Arlington, Secretary." Being a table
of contents of three books containing the King's letters, commis-
sions, and instructions to his Majesty's Plantations. Indorsed as
above. 6$ pp. [Col. Papers, Vol. XVIII., No. 171.]
1665. 899. Answer of the General Court of the Massachusetts Colony
to the petition of Ferdinando Gorges and several others of the Pro-
vince of Maine and Laconia, complaining of them for seizing their
lands and subverting their ancient government, they refusing to take
the engagement to be true to the Commonwealth without King and
House of Lords, whereas the petitioners had, in obedience to Acts
of Parliament, 1648, as they call them, taken it and advised the
honourable State of it. In the beginning of their great undertaking
the Massachusetts was hindered from laying claim to the utmost
extent of their limits, especially to the northward, yet they never set
up their bounds three miles east of Merrimack as the petition men-
tions, but have always asserted the same limits they now claim.
Patents of tracts of land within the limits granted to the Massachu-
setts procured by several persons. Action of the inhabitants of
Piscataqua and their, desire to be governed by the Massachusetts,
which accordingly was done, and so have they continued in peace.
All just possessions and empowerments shall be confirmed to the
true Proprietors, as with the rest of the inhabitants that have
been under their government from the beginning. Several scattered
inhabitants who live more easterly have offered themselves to the
Massachusetts, who are slow to accept them, because without their
limits, Winthrop, Dudley, and others, long since before their limits
were exactly known, seemed to own those for distinctive govern-
ments, which in truth were none, but included in the Massachusetts,
as on the running of their line appeared. It is desired that they
may have notice of any complaints relating to bounds before any
determination be made in the case. 3 pp. Two copies. [Col. Papers,
Vol. XIX., Nos. 1, 2.]
[Jan. 1.] 900. Petition of Sir Robert Yeamans, Knt., to the Committee of
the Privy Council for the affairs of the Admiralty and Navy. That
in the absence of the Duke of York, petitioner applied for license
and protection of the Great Charles, of Bristol, with 30 mariners,
bound to Barbadoes, which was granted. Said ship was thereupon
prepared for that voyage ; but before this could be perfected the
present embargo came out. Prays for license to proceed on his
voyage, and for protection for his mariners. Indorsed, 1 Jan. 1664-5.
1 p. [Col. Papers, Vol. XIX., No. 3.]
Jan. 901. Petition of Christopher Gary and Company to same Com-
mittee. Had prepared the Walsingham, Edward Gibbs, master, with
25 men, to carry commodities to Barbadoes much wanting there,
hoping to proceed notwithstanding the embargo. Prays for license
to proceed and for protection. Indorsed, Jany. 1664-5. 1 p. [Col.
Papers, Vol. XIX., No. 4.]
266 COLONIAL PAPERS.
1665.
Jan. 2. 902. Petition of the Royal African Company to the King. Having
been established two years ago, raised a joint stock of 120,000?., and
sent abroad 158,000?. worth of manufactures in English ships ; have
increased the stock and taken up money on credit ; present effects now
worth 273,807?. 2s. Qd. ; but the Dutch under De Ruyter have
already taken 50,000?., and further loss of 125,912?. now on the
coast of Africa is possible ; hence the Company's credit is falling.
Pray therefore that Major Holmes' Dutch prizes may be made over
to them, seeing that De Ruyter declares his acts have been done in
compensation for losses inflicted by Holmes ; also that some way or
means may be found to support this Royal Company, their trade
being of more public honour, interest, and advantage than any other
experimented in any part of the world, for they constantly employ
above 100 sail of good ships yearly, and return at least two to three
hundred thousand pounds in gold per annum to the Mint, in lieu of
English and naturalized East Indian commodities for the most part,
and moreover supply the American Plantations with negro servants ;
if the Company cannot continue to do this, the Plantations will either
be useless or must take their slaves from the Dutch, which will utterly
divert English shipping from those parts. \Dom., Chas. II., Vol. CX.,
No. 10, Gal, p. 159.]
1665. 903. Brief narrative of the trade and present condition of the
Royal African Company. Since their incorporation on 20 Jan. 1663
they have liberally supplied the whole coast from Gambia to Cape
Lopez with goods, value 158,000?., which was more than their pre-
decessors sent out in five years, and have procured so much respect
of all the negro kings and people, that notwithstanding the machi-
nations of the Hollanders, they have settled, by consent of the
natives, in one year these factories, and fortified most of them ; on
the north coast, at Poriadally, Goally, Trevisco, Gambia, Rio Nunes,
Rio Grande, Sierra Leon, Cerborow, Cestos, and other adjacent parts
on the Gold Coast, from whence they may expect a yearly return to
the value of 100,000?. in elephants' teeth, wax, hides, dyeing wood,
Guinea grain, and other very useful commodities ; and on the Gold
Coast and this side the Bight, at Anashan, Anta, Cantoucory,
Cormantin, Cape Corso, Wyamba, Acra, Ardra, and Benin, from
which they might have expected, if they had not been disturbed by
the Ruyter, to the value of 200,000?. in gold, and above 100,000?. in
servants for the Plantations. Besides a trade at Old and New
Calabar, which would have supplied a contract they have with the
Spaniards for 3,500 negroes yearly, that will bring into this kingdom
86,000?. in Spanish silver per annum. The whole trade would pro-
duce greater profit than any other managed by his Majesty's sub-
jects ; which induced them to enlarge their stock from 17,000?. to
120,000?., and take up 100,000?. on credit; which they might infal-
libly have stood clear in had not the Ruyter gone in revenge of
what was done by Major Holmes, and found so easy a conquest
at Goree Island. But now their credit is extinct, their stock being
in Africa, and they throw themselves at his Majesty's feet, not
doubting he will provide for their support in asserting a commerce
AMERICA AND WEST INDIES. 267
1665.
so profitable and necessary for his dominions. Indorsed by William-
son, Guinea Comp., 1664-5. 2 pp. [Col. Papers, Vol. XIX., No. 5.
A copy is also in Dom., Chas. II., Vol. CX., No. 11, Gal., p. 160.]
Jan. 7. 904. Articles of agreement between the Lords Proprietors of
Carolina and Major William Yeamans of Barbadoes for and on
behalf of Sir John Yeamans, his father, Col. Edmund Keade, Symon
Lambert, Nicholas Edwards, Robert Gibbs, Samuel Tidcombe, Henry
Milles, Thos. Lake, Thos. Maycocke, John Somerhayes, Bartholomew
Eees, John Gibbs, Basil Gibbs, John Dickenson, Thos. Gibbs, Ben.
Rees, Miles Scottow, Nath. Meavericke, Barth. Rees, junr., John
Shaftesbury Arthur, Sam. Smith, Thos. Partrige, John Walice, John Brent, John
Papers. Q 0( jf re y, Geo. Thompson, Robt. Williams, Law. Halsted, Wm. Surges,
John Tothill, James Thorpe, Robt. Tothill, Wm. Forster, Thos. Mer-
ricke, John Merricke, Geo. Phillips, Edw. Jacob, Robt. Hackett, Benj.
Waddon, Robt. Johnston, Thos. Dickes, Thos. Clutterbooke, John
Forster, Wm. Sharpe, John Ham, John Start, Mathew Grey, John
Kerie, Richard Baily, Edward Thorneburgh, Thos. Listen, Anthony
Long, Thos. Norvill, Giles Hall, Jas. Norvill, Wm. Wooiehouse,
Jacob Scantlebury, Sam. Lambart, John Forster, Wm. Byrdall, Rich.
' Barrett, Edward Yeamans, John Killicott, Isaac Lovell, Thos. Clarke,
John Woodes, John Bellomy, John Greenesmith, Robt. Brevitir,
Thos. Dowden, Nic. Browne, John Wilson, Robt. Sinckler, Thos.
Perkins, Jas. Thorpe, Robt. Richardes, Benj. Hadlut, Christopher
Goupher, Jas. Walter, Jas. Hayden, senr., Wm. Birdall, Mordecai
Bouden, junr., George Nore, Hump. Waterman, and himself, adven-
turers to and settlers of some part of the Province aforesaid, and
of all others that shall adventure, settle, and plant there. Whereas
Major William Yeamans is employed to the said Lords Proprietors
by the persons above mentioned as their agent to treat and agree
upon in relation to the settlement of Carolina. It is hereby agreed
that said Lords Proprietors, their heirs and assigns, perform all the
concessions and agreements hereto annexed, containing the manner of
government, with the immunities and privileges granted to all who shall
plant or are already planted in the respective counties or colonies in
the said Province of Carolina. Said Lords Proprietors further cove-
nant to have shipped before 1st Feb. next 12 pieces of ordnance, with
ammunition, &c., for arming and providing a fort to be erected
near Port Royal. Also to grant to every adventurer of Barbadoes
and their associates of England, New England, the Leeward Islands,
and Barinothos five hundred acres of land for every thousand pounds
of sugar subscribed and paid within forty days after notice of this
in Barbadoes and other places to the Treasurers appointed by said
adventurers, said grant of land to be taken up and settled within
five years after the date hereof, and payment to be made of -^d.
per acre yearly. Also to make further grants of one hundred and
fifty aeres to every one that will sail with Col. John Yeamans in
the first fleet to Carolina. Maj. Wm. Yeamans covenants on behalf
of his father, Sir John Yeamans, and of Col. Edmund Reade and
all the adventurers before named, to perform all the particulars in
said concessions and agreement hereto annexed, and to provide
before 30th Sept. next two ships of 120 tons each, with ordnance,
268 COLONIAL PAPERS.
1665.
&c. for the transportation of such persons as cannot pay their own
passage to the southward of Cape Romania, there to settle and
plant and erect a fort with the artillery sent by said Lords Pro-
prietors for the retreat and preservation of the first settlers and
of those that shall follow. In witness whereof, Major Wm. Yea-
mans hath set his hand and seal [the seal wanting]. Annexed,
904. I. The Concessions and Agreement of the Lords Proprietors of
Carolina with the adventurers of Barbadoes and their asso-
ciates of England, New England, the Caribbee Islands, and
Bermudas to the Province of Carolina, and all that shall
plant there, in order to the settling and planting of the
county of Clarendon, the county of Albemarle, and the
county [blank], which latter is to be to the southward
or westward of Cape Romania, all within said Province.
These describe very fully the manner of government, the
powers of the Assembly, the law courts to be established,
and the officers, civil and military, to be appointed. Also
rules for the better security of the proprieties of all the
inhabitants, for the more speedily promoting the planting
of the counties aforesaid, and that the lands may be the
more regularly laid out and all persons the better ascer-
tained of their titles and possessions. Indorsed, " Sealed
and delivered in the presence of us, Jo. Peryn and Tho.
Walker." Together 4 skins of parchment. [Shaftesbury
Papers, Section IX., No. 3.J
Jan. 7. 905. Mem. of agreement between the Lords Proprietors of Caro-
lina. That the part about to be settled to the southward and west-
ward of Cape Romania be a distinct government from the county of
Clarendon, which is under the government of Sir John Yeamans,
and that there be a distinct Deputy Governor for the present ; that
it be called the county of Craven ; and that as soon as it shall be con-
veniently settled there be a distinct Governor commissionated to
govern there. p. [Col. Entry Bk., No. XX., p. 22.]
1665? 906. Mem, To speak to one of the Secretaries to procure the
King's warrant to the Commissioners of Ordnance for issuing 12 iron
guns, which his Majesty has granted to the Lord Chancellor, Lord
General, and others for Carolina. % p. [Col. Papers, Vol. XIX.,
No. 6.]
Jan. 7. 907. Order of the Lords Proprietors of Carolina to Sir Jno.
Colleton. To ship 12 pieces of ordnance given by the King, for Barba-
does ; and to cause carriages, bullets, shot, ladles, sponges, matches, &c.
to be provided for said ordnance, with 20 barrels of powder and 200
muskets, with lead bullets, shot, match, and bandaliers. p. [Col.
Entry Bk., No. XX., p. 20.]
Jan. 7. 908. The Lords Proprietors of Carolina to Mr. Drummond. Their
Cockpit, last was by Peter Carteret, accompanying his commission and instruc-
tions for the Government of the county of Albemarle, which they
confined to 40 miles square or 40 square miles, which should have
been 1,600 square miles, of which he is to take notice and bound the
AMERICA AND WEST INDIES. 269
1665.
county accordingly. If it be not enough to comprehend all the
Plantations already under that Government, they can soon enlarge
the bounds if there be reason for it. \ p. [Col. Entry Bk., No. XX.,
p. 22.]
Jan. 7. 909. Certificate by eight of the crew of the Mary Fortune of
Bristol. On December 6 three Quakers were brought to their ship
for transportation, but they durst not carry away innocent persons,
who walk in the fear of the Lord ; are persuaded the King does not
wish to make void the Act that Englishmen shall not be carried
abroad without their consents ; moreover, these men are bound by
no indenture or agreement for their passage ; and there is a law in
Barbadoes that whosoever brings thither any persons against their
wills, and not being bound by indenture, shall be liable to such
penalties as the law may inflict, and also shall be forced to bring
them back to their habitations ; have therefore put these men on
shore again. [Dam,, Chas. II., Vol. CX., No. 42, Cal.,p. 164.]
Jan. 9. 910. Warrant to the Attorney-General. [To prepare a bill to pass
the Great Seal] authorising the Duke of York, High Admiral of
England, Virginia, &c., to grant commissions to the Governors, Vice-
Admirals, and others of his Majesty's Foreign Plantations as to him
shall seem meet, empowering them to grant letters of marque for
apprehending and seizing ships and goods belonging to the States
General of the United Provinces or their subjects, and bring them to
judgment according to the laws of nations, and the same being con-
demned to dispose of them as in such case has been accustomed.
With proviso for security as is usual in such cases. 1 p. [Dom. Entry
Bk., Chas. II., Vol. XVI., pp. 319, 320.]
Jan. 11. 911. The Lords Proprietors of Carolina Commission to Sir Jno.
Yeamans. Appointing him during pleasure Governor of their county
of Clarendon, near Cape Fair, and of all that tract southerly as far as
the river St. Matthias, and west as far as the South Seas, with
power to appoint 12 able men at most, and six at least, to be of his
Council, unless the Lords Proprietors have before made choice of all
or any of them ; he is also appointed Lieut-General of all forces to
be raised in said county, p. [Col. Entry Bk., No. XX., p. 18.]
Jan. 11. 912. The Lords Proprietors of Carolina to Sir Jno. Yeamans.
Cockpit. Having received a good character of his abilities and loyalty from
Sir Jno. Colleton, with an assurance that he will vigorously attempt
the settling of a colony to the southward of Cape Romania, they have
prevailed with his Majesty to confer the honour of a knight baronet
upon him and his heirs, and by their commission which goes by his
Bon, have made him their Lieut-General and Governor of that part
of Carolina. In their agreement with his son they have endeavoured
to comprehend all 'interests, especially that of New England, whence
the greatest stock of people will in probability come ; wherefore they
advise him to contrive all means to get those people to join with
him, so keeping those in the King's dominions that either cannot or
will not submit to the Government of the Church of England. As
for the 0,000 acres by him desired, they oblige themselves to grant
270 COLONIAL PAPERS.
1665.
the same, to be by him taken to the southward or westward of Cape
Romania, but to avoid coming too near the home lots, the whole to
be taken up and bounded within three years, and he paying one
halfpenny per acre yearly, from March 25, 1670; 1,500 acres is
likewise granted to his ^friend Capt. Will. Merricke, upon the same
terms. Wish him good success in his intended voyage and under-
takings. | p. [Col. Entry Bk., No. XX., pp. 21, 22.]
Jan. ? 913. Commission from the Lords Proprietors of Carolina to Sir
Jno. Yeamans, Governor of the County of Clarendon, &c., and his
Council. To convey lands with the same conditions and limitations
as the Lords Proprietors by their Concessions under their great seal,
are obliged to grant to the adventurers of Barbadoes and their
associates of England, New England, Gambia Islands, and Barmothos,
and as they shall be directed from time to time, reserving one half-
penny per acre yearly, from 25th March 1670. With power to do
all acts which the Lords Proprietors themselves might do, relating
to the Government, provided no law be in force longer than one
year and a half, and be transmitted to the Lords Proprietors within
one year for their assent. Also with power to the Governor and
Council to appoint persons to supply their places until the Lords
Proprietors' pleasure be signified, l^pp. [Col. Entry Bk., No. XX.,
pp. 19-20.]
Jan. 11. 914. The Lords Proprietors of Carolina to (the Barbadoes adven-
Cockpit. turers). Have received their letters of August 29th and October 8th,
by Major Wm. Yeamans, who has made known their desires touching
their settlement in Carolina, and his own power to treat with the
Lords Proprietors concerning the same. By his ingenuity he has
prevailed with them to grant more than several people would have
accepted ; of which they no ways repent considering their forward-
ness to settle near Cape Fair, and resolution to make another settle-
ment to the southward Or westward of Cape Romania. There is
nothing that may be fit for the Lords Proprietors to grant, or to
obtain for them from his Majesty, but they will do the one and
endeavour the other as soon as they understand that the adventurers
have begum the southernmost settlement. ^ p. [Col. Entry Bk.,
No. XX., p. 21.]
[Jan. 11.] 915. Petition of Merchants and Owners of ships trading to
Virginia to the King. Many vessels having gone to Virginia with
goods and servants for supply of the Plantations, ill supplied with
seamen by reason of his Majesty's great occasion for seamen. Pray
that letters may be sent to the Governor of Virginia by the Elizabeth
and Mary to cause all ships within the capes of Virginia to come
thence in company for their better security from Dutch men-of-war.
Indorsed, " To be reported in Council, llth January 1664 ; Ordered,
January llth 1664 (5)." 1 p. [Col Papers, Vol. XIX, No. 7.]
Jan. 12. 916. Capt. John Taylor to the Navy Commissioners. In obedience
to their instructions has written to New England and made inquiries
about the tar of that country ; tenders a sample of that tar, which
AMERICA AND WEST INDIES. 271
1665.
is offered for contract. [Dom., Chas. IL, Vol. CX., No. 67, Col.,
p. 168.]
Jan. 16. 917. George Cartwright to Sec. Sir Henry Bennet. Is heartily
Capt. Breedon's sorr y he cannot give a further account of the King's affairs here
on 'than what Capt. Hugh Hyde has received from Col. Nicolls. Since
all the plantations of the Dutch and Swedes on the South river
were reduced in Oct. last to the King's obedience, Mavericke and
the writer have had nothing to do but visit the English colonies,
but they cannot act without a third man, though each single may
act with Col. Nicolls, but he is detained at New York with the
affairs of his Government, and Sir Robt. Carre cannot be persuaded
to leave Delaware as yet. If they should not be spared from their
Governments next spring (which he fears they cannot) they will be
in a great strait. They will soon have spent what little the King
allowed them, and the writer has neither credit in New England
to take up money nor an estate in England to pay it with. It is
more probable the Dutch will attempt to regain the places taken
from them in the spring rather than this winter. Their greatest
work lies in this jurisdiction, which is 300 miles from New York,
and Delaware above 100 miles beyond that. Printed in New York
Documents, III., 83. 1 p. [Col Papers, Vol. XIX., No. 8.]
Jan. 25. 918. George Cartwright to [Col. Nicolls]. Has delivered his
Capt. Breedon's letters to George Tyte, master of the Success, who is this day gone
Boston^ to Nantasquet. Capt. Breedon has sent him letters brought by
Winder and Capt. Scarlet from England. None of the pilots who
went with them to the Manhatans are paid, but has paid 101 to Coles,
who came from Piscataqua with Capt. Hill, having lately lost his
vessel in a storm. Hears Major-Gen. Leveret has received 34. from
the country for his charges in entertaining Nicolls at Boston, and the
country is made to believe that they have been put to 300. charges
already, and that the Commissioners intend to exact I2d. for every
acre of land and 3,000?. a year besides, and to abridge them of their
greatest privileges, as liberty of conscience and many such. They
have admitted for freemen three or four men who are not members
of their church, that by it they might evade the King's letter in that
point. Their underhand dealing to get petitions made to themselves
for maintaining the government as it is at present established and
their private soliciting for voices against the next election, give him
just cause to be jealous of their loyalty. But till Nicolls or Sir Robt.
Carre come here nothing can be done. Has written to Rhode
Island, on petition of Capt. Hudson and others, who lay claim to
land in the Narragansetts and have set up a house, which they of
Rhode Island pulled down ; if not determined by the spring it is
thought much blood might be spilt. Hopes he will come to Rhode
Island as early as the season will permit, that they dispatch their
business and be here in convenient time before the General Assembly,
when they may go to the Eastern parts to determine the limits of
those patents. Nicolls may be better spared from New York before
May than after, as any designs of the Dutch cannot be expected
before then. Certain news that the Indians upon Nantucket have
272 COLONIAL PAPERS.
1665.
murdered and pillaged the sailors belonging to a bark driven by
a storm upon that island. Printed in New York Documents, III.,
84, 85. 2 pp. [Col. Papers, Vol. XIX., No. 9.]
Jan. 27. 919. Robt. Southwell to Sec. Bennet. Commissioners for Prizes
want commissions for Mr. Read and Capt. Taylor for prize goods in
the Caribbee Islands, also blank commissions to be sent to Sir Thos.
Modyford, Sir Wm. Berkeley, the Commissioners of New England,
and Sir Thos. Temple, each to appoint a fit man for that work in
their respective places. [Dom., Chas. II., Vol. III., No. 49, Cal.,
p. 180.]
Jan. 28. 920. The King to Col. Richard Nicolls and the rest of the Corn-
Whitehall, missioners for New England. Because of the indignities, spoils, and
affronts of the Dutch and their notorious proceedings on the coast of
Guinea, De Ruyter being sent thither with 12 ships of war to destroy
all the King's interest in those parts, and his Majesty having cause to
suspect, on his return to invade all the English shipping he can
meet with and assault his Plantations in New England and other
colonies, they are required to take care of the forts and defences,
and empowered to do what is necessary for the safety of the islands
and navigation of English merchants. They are to observe all
orders and directions from the Duke of York, Lord Admiral, who
has been commissioned to grant letters of marque and general
reprisal against the ships, goods, and subjects of the States of the
United Provinces. Copies of this letter to be sent to the Governors
of all the Foreign Plantation. Signed by the Xing and counter-
signed by Sec. Bennet. Printed in New York Documents, III.,
85, 86. 3 pp. [Col. Papers, Vol. XIX., No. 10.]
Jan. 30- 921. George Cartwright to Col. Nicolls. Has written to desire
Capt. Breedon's hi m to meet them at Rhode Island as early as he can travel. Mr.
in Boston! . Archdale has been here with the King's letter requiring these
gentlemen to deliver up the Government of the Province of Maine
into Archd ale's hands, or to show cause to the contrary; they
have refused and he has protested against them and appealed to
the King's Commissioners ; they will not submit to their peculiar
patent, but will adhere to the government of this jurisdiction. A
messenger may be here from Rhode Island in two days. Maverick
is now at Char[lestown ?]. " To-morrow is a court here at which
Mr. Winder hath a great trial, who pretends he and his partners
were palpably cheated by some churchwardens of 400Z. five years
ago, which he undertakes to prove, and another man who lays an
action of 500. against his father-in-law for detaining his wife from
him. The wife complained to her father that her husband was in-
sufficient, the father being a member, acquainted the* church with it,
and they the magistrates, who sent three several doctors to make
inspection ; they all have carefully taken the dimensions, and are to
be witnesses to-morrow ; by the next I may tell you what justice
they have done against the church members, for this messenger will
not stay till the court be ended. It will be worth the knowing
what or how much is necessary for a holy sister." Hears Col. Series
AMERICA AND WEST INDIES.
273
1665.
1665?
1665.
Jan.
Feb. 1.
Hartford.
is to be made a member and a magistrate ; it is certain that they
have agreed that the members upon their admission must make no
more public confessions in their meeting houses but in private, and
they say the order was made in relation to him. A gentleman at
Piscataqua, Mr. Champernowne, passionately in love" with Mrs.
Katharine, and desires to commit matrimony with her. 1 p. [Col.
Papers, Vol. XIX., No. 11.]
922. Petition of several of the King's subjects in the city of
Bristol, trading to Virginia, to the King. Five rich and consider-
able ships belonging to them laden with Virginia tobacco have been
taken by Dutch capers on their homeward voyage. Petitioners paid
a tax of 2s. 3d. per hogshead of tobacco imposed by the Governor of
Virginia for the fortification of the country, for which they have
given bills of exchange amounting to near 400Z. sterling. Pray for
release of said bills, or leave to export the like quantity of tobacco
duty free, and further that said imposed tax may be employed to
the right use, for at present there is no port to preserve ships
against a single man-of-war of 30 guns. Names of the ships taken.
1 p. [Col. Papers, Vol. XIX., No. 12.]
923. Petition of Thos. Pittman, Thos. Grigge, Mark Jarvis, John
Lovicke and Company, owners of the Recovery, to the Duke of York
and Commissioners of the Admiralty. The Recovery has been
lying at Gravesend above five weeks ready to sail for Virginia, with
a special packet from the King and Council to Gov. Berkeley and
near 40 passengers, her sole outward freight " persons utterly use-
less to this kingdom, but rather destructive in their idle course of
life, whereunto they would most willingly return upon any ad-
vantage given them of escape." Pray for a special order for
taking off the embargo upon said ship. Signed by petitioners.
Indorsed, January 1664(-5). 1 p. [Col. Papers, Vol. XIX., No.
13.]
924. The Governor and Council of Connecticut to Col. Nicolls.
John Scott, according to his wonted course, is again making dis-
turbance amongst the people of Setawkett, by labouring to deprive
the people of that place of the land expedient for their subsistence,
seeing Col. Nicolls was pleased to determine (when our Governor
was last at New York) that what had been formerly settled and
determined by Connecticut upon Long Island was so to continue.
The land claimed by Scott (as Setawkett men informed Allyn and
Willys) by purchase of the Indians, if he should enjoy, would be
destructive to that plantation. By the established order of the
colony no land was to be purchased to the particular use of any
person without the consent of our General Court, and all such pur-
chases to be well in law. If such engrossing of land (to private
uses) from Indians be tolerated it would be found destructive to
whole townships. Doubts not of his favour that the people of
Setawkett be not molested or disturbed in the enjoyment of their
just rights. Signed by order, John Allyn, Secretary. Printed in
New York Documents, III., 86. 1 p. [Col. Papers, Vol. XIX.,
No. 14]
M 605. S
274 COLONIAL PAPERS.
1665.
Feb. 2. 925. Sir Robt. Carr to Col. Nicolls. His letter sent ashore to
From Mr. Milford by Capt. Bollen, who ordered the magistrates to send it
Wiiiet's house. awa/ y w ^ a ii expedition. Went to the Governor's house at Rhode
Island, who made him very welcome, Mr. Brenton, the Deputy
Governor, at his country house. Communicated his directions and
delivered their letters, " after perusal they did declare themselves so
much satisfied that their lives and fortunes was too little to give
satisfaction for that Royal favour they had received from his
Majesty and likewise from the Chancellor." The rich coats sent
by the King to some of the Sachems declared to be most unfitting
and improper ; Mr. Clarke of a contrary opinion. His voyage from
Rhode Island delayed by contrary winds. Discourse with Capt.
Willett about his going to New York ; his scruples, his wife not
being well, but is now resolved to go. Great murder committed by
Indians of Nantucket Island on English seamen driven ashore there,
not thought to have been the first committed ; is informed it is a
place under his Government. Mr. Willett will give a more parti-
cular account, and his judgment of the best way to be revenged.
1 p. [Col. Papers, Vol. XIX., No. 15.]
Feb. 2. 926. Commission to the Duke of York, High Admiral of England,
&c. His Majesty having taken into consideration the injuries,
affronts, and spoils done by the East and West India Companies and
other subjects of the United Provinces upon his subjects, and that
notwithstanding frequent demands made by his Majesty to the States
General for redress and reparation, none could be obtained from
them, has thought fit that general reprisals be granted against the
ships, goods, and subjects [of said States. These are therefore to
authorise him to grant commissions to the Governors, Vice-admirals,
or others of his Majesty's islands and foreign dominions, to empower
them to grant commissions to such as they shall think fit, for taking
the ships and goods of said States, their subjects or inhabitants, and
to bring the same to condemnation, and afterwards dispose thereof,
as by the course of Admiralty and usage in such cases has been
accustomed. Indorsed, Charles R. Our will and pleasure is that
this pass by immediate warrant. Entered at the Signet Office
4 February 1664(-5). John Nicholas. Entered at the Privy Seal
Office the sixth of February 1664(-5). J. Mathew. \_Privy Seals, 16
Chaa. II., No. 364, T. 26.]
1665 ? 927. The King to the Governor of Barbadoes. That De Ruyter
Feb. 2 ? has gone to Guinea with 12 men-of-war and it is apprehended will
endeavour to destroy the shipping at Barbadoes, there being also a
design in Holland to send men-of-war there ; Lord Willoughby is
directed to use all possible means to secure the islands under his
government from those dangers. Draft with corrections by Sec. Sir
Henry Bennet. Undated but probably the letter referred to by the
Deputy Governor of Barbadoes, see No. 983. 3 pp. [Col. Papers,
Vol. XIX., No. 16.]
1665. 928. Heads of the preceding letter which it was ' proposed to write
to Lord Willoughby." In Sec. Bennefs hand. 1 p. [Col. Papers,
Vol. XIX., No. 17.]
AMERICA AND WEST INDIES. 275
1665.
Feb. 3. 929. Benedict Arnold and William Brenton on behalf of the
Newport, colony [of Rhode Island] to Col. Nicolls and the rest of the Com-
missioners. Have received by the hands of Sir Robert Carr the
King's letter of 23 April 1664 [see ante, No. 724], in which is expressed
" such great and wonderful favour as we believe can hardly be
equalled or paralleled from any other Prince unto the best of sub-
jects, much less to such unworthy and otherwise despised and
oppressed ones as we are." Beseech the Great God to pour
down his blessings upon the King and his affairs, and in particular
to bless, guide, and defend the Commissioners in their weighty con-
cernments. That they may be defended from oppressing one another
in civil or religious matters, in which most of the members of this
colony have suffered very much under strange pretences from the
neighbouring colonies and particularly from Massachusetts. They
forbore to insist on these either to Sir Robt. Carr, who lately was
with them, to Col. Cartwright, or to Maverick, and will forbear now
saving only to represent that they suffer with a patient expectation
of a full hearing between them that wrong them and themselves.
Complain of the petition presented at Boston against this colony,
setting forth strange outrages and violence, and praying they may
be prohibited from building, &c. Inclose copy of petition from
" persons who by violence intrude into the middle of this colony and
there procure and acquire lands contrary to the law in such cases
here established." It came to their hands the day after Sir Robt.
Carr left. Will endeavour to preserve the peace until their
cause may have an equal hearing before the Commissioners, which
they hopefully expect will be in these few weeks, for which they
request some 15 days notice. Thankfully acknowledge the high
favour of the Earl of Clarendon in his letter to them of 28th April
1664. For further information refer them to the report of the bearer
Capt. Bollen. Inclose,
929. i. Petition of Capt. Win. Hudson, John Paine, and others
concerned in the Narragansett and Nayantick countries to
Col. Cartwright and Sam. Maverick, two of his Majesty's
Commissioners. Complain of the disturbance they have
met with in the pulling down of a house and such like by
the inhabitants of Rhode Island and such as pretend to
belong to the colony, and pray the Commissioners to require
that their proceedings be not further interrupted in planting
said country according to the King's letter and their just
rights. Together 3 pp. [Col. Papers, Vol. XIX., Nos. 18,
18 L]
Feb. 3. 930. John Darcy to George Cartwright and Company. Has
Virginia, consigned the ship William Nicholas to them by order of Governor
Nicolls, who will be a sufferer, as she carries 100 hogsheads of tobacco
less than he thought.- 1 p. [Col. Papers, Vol. XIX., No. 19.]
Feb. 4. 931. Col. George 'Cartwright to Col. Nicolls. Thanks for his
Capt. Breedon's letter delivered by Sir Robt. Carre. They find a great probability
Boston i* f obstruction. It is reported here that they have already cost the
country 300?. Is told that Maj.-Gen. Leveret has received 34?. for
s 2
276 COLONIAL PAPERS.
1665.
entertaining Nicolls. It is also reported that they are to demand
12d. for each acre of ground improved, and 3,000. a year besides ;
that they are to infringe the discipline of the church by compelling
children to be baptised, and to interrupt their form of government
by admitting appeals. Wagers are laid that they will never sit
here [at Boston] as Commissioners, and it is certain these people
have twice sent letters to my Lord Chancellor since August last.
Thinks, therefore, it will be better to begin at Connecticut and
dispatch the other three colonies before this, " for if we have good
success there, it will be a strong inducement to these to submit also
to his Majesty's Commission, and if these should any ways oppose us,
it would be an ill-precedent to the other." Hopes to have letters
and orders to refer the difference about Gorges to them before May.
This colony being both the richest, greatest, most populous, and
inclinable to a commonwealth, they ought to have the greatest
circumspection about it. Cannot conceive how it is possible for
them to get a good election for the next General Assembly, seeing
none can elect or be elected but church members. Hopes he shall
prevail with Sir Robt. Carre and Mavericke that they may be at
Rhode Island before the first of March at farthest. Has not yet
perused the papers he sent, but does not understand how they can
be both judges and solicitors in Duke Hamilton and Mason's cases,
but hopes when he has considered them that difficulty may be
resolved. A court now sitting at Boston and Winder has had a
great trial gone against him ; he had many substantial men and
merchants who gave evidence against him ; the other party had but
one witness, yet being a church member carried the cause hard born.
Is very glad that Willet intends to go immediately to him ; believes
him both a very honest and able gentleman who will serve both for
a mayor and a councillor. The fort not to be kept two hours longer ;
in his opinion a battery upon the Point would be of greater advantage
than the fort itself, if ever the town be fortified. Maj.-Gen. Leveret
is making such a work under the fort hill, and removes great stones
of 10 tons weight. The Dutch expect the English laws at their six
months end ; they will probably think themselves oppressed if they
are not allowed a while longer, " but your own convenience in this is
the greatest consideration." Wishes to receive the remainder of the
250?. Has not yet been to dinner with -any townsman, suspecting
them all. " The saving of a little expense shall not be an occasion
in me of hindering his Majesty's service, so much have I considered
these people's temper, with his Majesty's caution. That all designs
of profit for the present seem unreasonable and may possibly obstruct
the more necessary design upon their obedience and loyalty." They
have altered the law for freemen, which he sends enclosed ; likes it
not, the reason is so visible, will not trouble him with it. With
note attached signed by Samuel Maverick and Sir Robert Carr.
They know all the above to be truth, and earnestly desire his
presence here if possible by 20 April, the day of election being
3 May ; in the meantime they will do what they can by way of
preparation. Printed in New York Documents, III., 87, 88. 2 pp.
[Col Papers, Vol. XIX., No. 20.]
AMERICA AND WEST INDIES.
277
1665.
Feb. 4 932. Samuel Maverick to CoL Nicolls. Thanks for his good
Boston. advice. Perceives he has heard some false report. All concur in
what Col. Cartwright has written, and that he has been too retired.
Hopes he himself has not been over sociable. Has spent three
weeks in visiting his friends in several of the chiefest towns in this
Government, and is deceived if, in that journey, he did not unde-
ceive both magistrates, ministers, and other considerable persons.
It cost him unavoidably 101. They intend to be at Rhode Island
about 1st of March, and much desire his presence. Printed in New
York Documents, III., 88, 89. 1 p. [Col Papers, Vol. XIX., No. 21.]
Feb. 7. 933. Col. George Cartwright to Sec. Sir Henry Bennet. By the
Capt. Breedon's same justice he complained of Sir Robt. Carr's absence, he is bound
on 'to give account of his being here. He came on the 4th, and two
days after they sent to Plymouth to desire a General Assembly to
be convened on the 20th, whither they intend presently to go.
Has not had conveniences yet to deliver the King's letters to them
and Rhode Island, wherefore we choose to visit them first, the
rather because we hope for a better compliance from them than
Boston, who by petitioning to beg hands of all sorts to maintain the
Government as now established, and reporting that they are to
demand 12cZ. for every acre of improved ground, and 5,000?. a year
besides for the King, and that they are to be straitened in the
exercise of their discipline and civil privileges, have given ground
for fear that the fancy of a commonwealth is yet in some of their
brains. Hopes to have finished all by Midsummer. Printed in New
York Documents, III., 89. 1 p. [Col Papers, Vol. XIX., No. 22.]
934. Lieut.-Col. Thos. Lynch to Sec. Sir Henry Bennet. Is
grateful for his letter of Dec. 12, with recommendation from his
Majesty to the Governor, who, on his arrival, found all people in-
dustrious, well satisfied, and ready to give him and all who came
with him what assistance they could. A new Assembly being
chosen, they met in October, but were much inferior to the other in
parts and estates, who had imposed upon them for Speaker a
malicious, beggarly, debauched fellow, and instead of correcting
what was amiss in the old laws, fell into question of Lord Windsor
and Sir Charles' power to call the late Assembly, and attempted by
violent discourses and contrivances to render the past Government
oppressive and illegal. Amidst these disputes the Governor dis-
charged him from his Council and office of Chief Justice, without
giving any public reason. Was it because the Governor would
betimes punish that uncourtly humour of speaking plain and true,
or else that he came prejudiced against Lynch by Col. D'Oyley, or
that he would have none to shine in this hemisphere but himself and
his son, especially such as had any influence over the old army. It
only constrains Lynch's return, and prevents the resolution he had
to marry, send for his relations, and make this his England. The
bearer, Capt. Fenne, will discourse on the Royal Company's affairs.
The island is heal 
