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Full text of "Colonial Records. Calendar of State Papers, Colonial"

CALENDARS. 



Instructions to Editors. 



The Master of the Rolls desires to call the attention of the Editors of 
Calendars to the following considerations, with a view to secure uniformity 
of plan in the important works on which they are engaged : 

He is anxious to extend, as far as is consistent with proper economy and 
despatch, the utility of the Calendars of State Papers now publishing under 
his control : 1st. As the most efficient means of making the national archives 
accessible to all who are interested in historical inquiries ; 2nd. As the best 
justification of the liberality and munificence of the Government in throwing 
open these papers to the public, and providing proper catalogues of their 
contents at the national expense. 

The greater number of the readers who will consult and value these works 
can have little or no opportunity of visiting the Public Record Office, in 
which these papers are deposited. The means for consulting the originals 
must necessarily be limited when readers live at a distance from the metro- 
polis ; still more if they are residents of Scotland, Ireland, distant colonies, 
or foreign states. Even when such an opportunity does exist, the difficulty 
of mastering the original hands in which these papers are written will deter 
many readers from consulting them. Above all, their great variety and 
number must present formidable obstacles to literary inquirers, however 
able, sanguine, and energetic, when the information contained in them is 
not made accessible by satisfactory Calendars. 

The Master of the Rolls considers that, without superseding the necessity 
of consulting the originals, every Editor ought to frame his Calendar in such 
a manner that it shall present, in as condensed a form as possible, a correct 
index of the contents of the papers described in it. He considers that the 
entries should be so minute as to enable the reader to discover not only the 
general contents of the originals, but also what they do not contain. If 
the information be not sufficiently precise, if facts and names be omitted or 
concealed under a vague and general description, the reader will be often 
misled, he will assume that where the abstracts are silent as to information 
to be found in the documents, such information does not exist ; or he will 
have to examine every original in detail, and thus one great purpose will 
have been lost for which these Calendars have been compiled. 

y 83072. Wt. 8573. 



As the documents are various, the Master of the Rolls considers that they 
will demand a corresponding mode of treatment. The following rules are 
to be observed : 

1st. All formal and official documents, such as letters of credence, war- 
rants, grants, and the like, should be described as briefly as possible. 

2nd. Letters and documents referring to one subject only should be cata- 
logued as briefly as is consistent with correctness. But when they contain 
miscellaneous news, such a description should be given as will enable a 
reader to form an adequate notion of the variety of their contents. 

3rd. Wherever a letter or paper is especially difficult to decipher, or the 
allusions more than ordinarily obscure, it will be advisable for the Editor to 
adhere, as closely as is consistent with brevity, to the text of the document. 
He is to do the same when it contains secret or very rare information. 

4th. Where the Editor has deciphered letters in cipher, the decipher may 
be printed at full length. But when a contemporary or authorised decipher 
exists it will be sufficient to treat the cipher as an ordinary document. 

5th. Striking peculiarities of expression, proverbs, manners, &c. are to be 
noticed. 

6th. Original dates are to be given at the close of each entry, that the 
reader may know the exact evidence by which the marginal dates are 
determined. 

7th. Where letters are endorsed by the receivers and the date of their 
delivery specified, these endorsements are to be recorded. 

8th. The number of written pages of each document is to be specified, as 
a security for its integrity, and that readers may know what proportion the 
abstract bears to the original. 

9th. The language of every document is to be specified. If, however, the 
greater part of the collection be in English, it will be sufficient to denote 
those only which are in a different tongue. 

10th. Where documents have been printed, a reference should be given to 
the publication. 

llth. Each series is to be chronological. ' 

12th. The Prefaces of Editors, in explanation of documents in the volume, 
are not to exceed fifty pages, unless the written permission of the Master of 
the Rolls to the contraiy be obtained. 



* # * Editors employed in foreign archives are to transcribe at full length 
important and secret papers. 



CALENDAR 



OF 



STATE PAPERS, 

COLONIAL SERIES, 

AMERICA AND WEST INDIES, 

16771680. 



na> . TZ.f. o|.1 , a. I e n 



L E N D A R 



OF 



STATE PAPERS, 

COLONIAL SERIES, 
[Vol. I6j 

AMERICA AND WEST INDIES, 

16771680, 

PRESERVED IN THE 

PUBLIC RECORD OFFICE. 



EDITED BY 

THE LATE W. NOEL SAINSBURY, 

AND 

THE HON. J, W. FORTESCUE, 

UNDER THE DIRECTION OF THE MASTER OF THE ROLLS, AND WITH THE SANCTION 
OF HER MAJESTY'S SECRETARY OF STATE FOR THE COLONIAL DEPARTMENT. 



LONDON : 
FEINTED FOE HEE MAJESTY'S STATIONEEY OFFICE, 

BY EYRE AND SPOTTISWOODE, 

PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY. 



And to be purchased, either directly or through any Bookseller, from 
EYEE AND SPOTTISWOODE, EAST HAKDING STREET, FLEET STREET, E.G. ; or 

JOHN MENZIES & Co., 12, HANOVEK STBEET, EDINBURGH, and 
90, WEST NILE STREET, GLASGOW ; or 

HODGES, FIGGIS, & Co., LIMITED, 104, GRAPTON STREET, DUBLIN. 



1896. 



Loir DO JT: Printed by EYRE and SPOTTISWOODB, 

Printers to the Queen's most Excellent Majesty. 

For Her Majesty's Stationery Office. 



CONTENTS OE PREFACE. 



THE VIRGINIAN EEBF.LLION; ARRIVAL OF THE COMMISSIONERS 

THEIR QUARREL WITH THE GOVERNOR - 

LORD CULPEPER SUCCEEDS SIR WILLIAM BERKELEY - 

STATE OF THE COLONY - _ - 

MARYLAND -----__ 

CAROLINA ; THE REBELLION OF 1677 - 

ADMINISTRATION OF LORDS PROPRIETORS - 

NEW ENGLAND; DISPUTES OVER NEW HAMPSHIRE AND MAINE 

ACCUSATIONS AGAINST MASSACHUSETTS - 

MAINE SOLD TO MASSACHUSETTS - 

NEW HAMPSHIRE MADE A DISTINCT COLONY - - 

DISPUTE OVER THE KING'S PROVINCE ; KOGER WILLIAMS 

RECALCITRANCE OF MASSACHUSETTS - 

THE CHARTER OF MASSACHUSETTS THREATENED ... 

GENERAL CONDITION OF NEW ENGLAND 

WILLIAM PENN - - - 

NEWFOUNDLAND; DISPUTES OF SETTLERS AND FISHING FLEET 

A GOVERNOR TO BE APPOINTED - ... 

BERMUDA ; DISPUTES OF CHARTERED COMPANY AND SETTLERS 

THE CHARTER THREATENED - ... 

THE WEST INDIES; THE FRENCH FLEET - 

MILITARY RESOURCES OF THE ISLANDS - - 

LEEWARD ISLANDS ; SIR W. STAPLETON ON THE COMMAND OF THE SEA 

AGGRESSION OF THE FRENCH; APATHY OF CHARLES II. 

SIR WILLIAM STAPLETON - - 

BARBADOES; SIR JONATHAN ATKINS ----- 

His QUARRELS WITH THE ENGLISH GOVERNMENT 

His RECALL ; SIR R. BUTTON SUCCEEDS HIM 

JAMAICA ; QUARRELS WITH ENGLISH GOVERNMENT 

LORD VAUGHAN AND THE ASSEMBLY; HIS RETURN TO ENGLAND 

THE IRISH SYSTEM (POYNING'S LAW) TO BE IMPOSED ON JAMAICA - 

LORD CARLISLE APPOINTED TO CARRY THE NEW POLICY 

OPPOSITION TO NEW POLICY IN JAMAICA - - 

THE ENGLISH GOVERNMENT ATTEMPTS COERCION 

RESISTANCE OF JAMAICA ASSEMBLY; SAMUEL LONG ... 



Page. 

i 
ii 

v 

vii 

viii 

ix 

x 

xii 

xiii 

xv 

xvi 

xvii 

xviii 

XX 

xxi 

xxii 

xxiii 

xxiv 

xxv 

xxvi 

xxvii 

xxix 

xxx 

xxxii 

xxxiv 

xxxvi 

xxxvii 

xl 

xlii 

xliii 

xliii 

xliv 

xlv 

xlvii 

xlviii 



CONTENTS OF PREFACE. 



Page. 



QUARREL DECIDED IN ENGLAND; TRIUMPH OF JAMAICA - - xlix 

FURTHER REFORMS PRESSED BY JAMAICA - - 1 

THE CHURCH AND THE WEST INDIES - Hi, 

THE BOARD OF TRADE AND PLANTATIONS ; ITS REFORMS - IHi 

OFFICES HELD BY PATENT - ... liii, Hv 

THE BOARD'S POLICY OF INTERFERENCE - - - - - Ivi 



PREFACE. 



THE present volume suffers from the misfortune of 
having changed Editors when it was but half complete. 
Mr. Noel Sainsbury, under whose care and industry the 
previous volumes of this Series had been produced, died 
early in the spring of 1895, leaving, indeed, a portion of 
the Calendar ready to his successor's hand, but unable to 
leave him the special knowledge and experience which he 
had gained by long progressive study of the Colonial 
Records, and had turned to such excellent account in his 
edition of the same. It will, I cannot doubt, be all too 
easy to the reader to hit the point at which his hand was 
withdrawn from the work, and it is therefore only in the 
few pages of this preface that I can hope to restore to it 
some kind of unity. 

The volume opens with the year 1677, and is occupied Virginia, 
at its outset mainly with the later events connected with Arrival of 
the rebellion, known as Bacon's rebellion, in Virginia. s i oner s.~ 
In the previous volume were found abundant details of 
the rising itself, and of the measures taken by the English 
Government to suppress it ; the curtain now rises on the 
arrival, on 29th January 1677, of the Commissioners 
appointed to investigate the grievances which were 
supposed to have kindled it. Of the three Commissioners, 
Sir John Berry and Colonel Erancis Moryson arrived 
some days before their colleague Colonel Herbert Jeffreys, 
of the Eirst Guards, and in advance of most of the 
troops ; but they proceeded to their work forthwith, and 
within a week published a declaration inviting all the 

y 83072. & 



11 



PEEFACE. 






Sir William 
Berkeley 
obstructs 
them. 



inhabitants impartially lo come forward and make their 
complaints (25, 43). Almost immediately, however, they 
found themselves at variance with the veteran Governor, 
Sir William Berkeley, first on the lesser issue of his 
backwardness in providing victuals and ammunition for 
the troops, and almost directly after on the main question 
of his attitude towards those implicated in the rebellion. 
The King's policy was one of lenience towards the 
culprits ; his orders were to spare all except the ringleader 
Bacon, who, to make things more easy, was already in 
his grave ; and the mission of the Commissioners was 
therefore indisputably one of conciliation. Sir "William 
Berkeley, on the other hand, was on the side of severity. 
Though the rebellion was at an end, he insisted on acting 
as in furore belli, arbitrarily overriding the .King's act 
of grace by excepting a certain number of unnamed 
persons from the general pardon, and confiscating the 
property of delinquents right and left. Eor such 
confiscation the opportunities were great, for, as the 
Commissioners confessed, there were barely five hundred 
persons out of fifteen thousand that were untainted by 
rebellion ; and this small minority, which called itself 
the loyal party, rejoiced at the chance of robbing and 
oppressing the rest for its own selfish ends (49, 52, 55). 

The Commissioners protested, but in vain, and the 
bad feeling between the old Governor and his unwelcome 
guests became rapidly embittered. Colonel Jeffreys on 
his arrival displayed a Commission which required Sir 
William Berkeley to resign his Government and repair to 
England. The old Governor received it with every sign 
of dutiful subordination to the King's commands, but 
submitted the instrument to his Council and put it to 
the members whether he should obey it or not. The 
complaisant Council, speaking for the loyal party, decided 



PREFACE. ill 

in the negative, and the Commissioners were baffled once 
more (66). Emboldened, apparently, by this act of 
defiance, Berkeley, in a childish spirit of sarcasm, 
addressed the Commissioners with elaborate courtesy 
as " Eight Honourable " (80), and added insult to 
disobedience. Meanwhile, he paid not the slightest 
attention to their protests against his illegal confiscations ; 
he had seen the King do the like himself, he said, in 
similar circumstances ; and, after all, what he had taken 
amounted not to a thirtieth part of what he had lost 
(84, 85). Finally, he broke off all correspondence with 
the Commissioners, and refused to answer their letters, 
until, as shall presently be seen, a ludicrous incident 
forced him into relations with them, once more. 

It is difficult to account for the extreme recklessness Mis- 

and discourtesy of the old man's behaviour except on t h e Loyal 

one hypothesis. Long and uninterrupted sway over 

the settlement sufficiently explains his discontent and 

obstruction, but there seems good reason to believe that 

he was hardly responsible for his actions. He was very 

ill, in fact actually dying, and could hardly have played 

so strong a part except as the tool of others, namely, 

of the small body of his adherents who were called the 

loyal party. The inquiries of the Commissioners all 

tended to show that the blood-thirsty repression of the 

rebellion was but part of a fixed policy of this oligarchical 

clique. The salaries of the members of Assembly were 

ridiculously high ; the cost of the liquor with which 

they enlivened their deliberations was charged against 

the public ; shameful jobs were perpetrated for the 

enrichment of their creatures, clerks employed by the 

Legislature receiving even "4,000 Ibs. of tobacco for 

writing twenty lines " (82), and, in fact, the whole 

settlement was plundered for their benefit. The complaints 

a 2 



iv PREFACE. 

addressed to the Commissioners (122-165) spoke freely 
enough against the Assembly, but hardly a word against 
the Governor, from dread, as the Commissioners conjectured, 
lest he might yet he reinstated in the Government (171). 
The Commissioners themselves were in'an extremely difficult 
position. They were unwilling to proceed to extremities 
with a dying man, and yet their duty must somehow be 
done. Moryson wrote to England and begged his friends 
to procure his recall, " for this country will make us all 
fools and shortly bring us to Cuddy Cuddy."* 

End of the At last an absurd occurrence brought matters to a 
climax. The Commissioners called on Sir William to 
take their leave, and Sir William sent them away in his 
coach, with the common hangman for postilion. An 
angry correspondence at once ensued over this flagrant 
insult (189-191, 193). Sir William swore that he knew 
nothing of the matter, and would have the unhappy 
hangman racked, tortured, and whipped, but the 
Commissioners perceived well enough who was the real 
culprit. " My lady Berkeley went into her chamber and 
" peeped through a broken quarrel \carree, square] of the 
" glass to see how the show looked, but God be thanked 
" we had the grace and good luck to go all the way on 
" foot .... this trick looks more like a woman's 
" than a man's malice." Lady Berkeley's letter of denial 
(191) does not strengthen her case. A few days later 
(April 27) Colonel Jeffreys issued a declaration whereby 
he assumed the Government, and old Sir William, after a 
last angry snarl, gave in (198). He presently embarked 
for England, where he arrived alive indeed, but "so 
" unlikely to live that it had been very inhuman to have 
' troubled him with any interrogations; so he died 
{ without any account given of his government." His 

* I fear that I must leave this phrase to others to explain. 



PREFACE. V 

last message to the King recounts his long service of 
thirty-five years in Virginia, and his readiness to clear his 
innocence before he dies ; but it is clear from the letters 
written to Jeffreys after his departure that nothing but 
the recollection of his past services could have prompted 
the extreme forbearance of the King towards him (239, 
240, 244-45, 247). 

Thomas, Lord Culpeper, was at once appointed to the Lord 
vacancy, but it was long before he started for Virginia, appointed 
and Colonel Jeffreys was left to compose matters as best ^ overnor ' 
he could in the meanwhile. Berkeley's confiscations were 
annulled, and all his acts done in the face of the royal 
orders were cancelled. Complaints poured in from the 
relatives of the executed and dispossessed, and it is 
pathetic to learn that among those who suffered death 
was one of Cromwell's soldiers, by name Barlow (303). 
Next the Council was purged, and divers " rash and fiery " 
members, some notable oppressors among them, were put 
out. Still the Assemblies showed an arrogance which 
promised ill for future quiet. They called in question the 
legality of the seizure by the Commissioners of their 
records, and stigmatised the act as a violation of their 
privileges ; an impertinence which was ill-received by the 
King and his Board in England (817, 821). 

Before the close of the year 1678 Colonel Jeffreys died. Death of 
Poor Jeffreys deserves to be remembered as the first Jeffreys. 
of a long series of officers of the standing army who have 
held the governorship of a Colony, a small point which 
should not be overlooked by the First (Grenadier) Guards, 
to which regiment he belonged.* The immediate results 
of his death were a bitter dispute between his widow and 

* He was of Lord Went worth's regiment of Guards, which was with 
Charles II. in the Low Countries and was amalgamated with Russell's 
regiment in 1665. 



VI 



PREFACE. 



Arrival of 

Lord 

Culpeper. 



the relict of his old rival Sir "William Berkeley over the 
salary which each claimed to be due to her departed 
hushand, and a serious relaxation of discipline in the ranks 
of His Majesty's Guards. To this latter I shall presently 
return. 

Notwithstanding much parade of hastening Lord 
Culpeper to his Government, there was still no sign of 
his leaving England, so Sir Henry Chicheley, an " old and 
crazy " gentleman, meanwhile assumed the administration 
as Deputy Governor. After long delay Culpeper's 
instructions and preparations were at last complete, and 
after still further hesitation on the part of the new 
Governor himself, which called down from the King a 
threat that he would he superseded unless he emharked at 
once, he sailed for Virginia in the " Oxford " frigate 
towards the end of December 1679 (1231).- It is worthy 
of mention, in view of future events, that he had received 
from the King full power to return back to the Royal 
presence as soon as, in his discretion, the state of affairs 
in Virginia might permit. After a most tedious passage, 
"full of death, scurvy, and calentures," which occupied in 
all nearly twelve weeks, he arrived in Virginia at the 
beginning of May, 1680 (1350), and in a few weeks began 
to transact business with his legislature. 

Refractory It is significant that the first act of the Council was an 
the Council, endeavour to reinstate the members that had been expelled 
by the English Government. If there were three men 
who had shown themselves to be of evil behaviour they 
were Edward Hill, Philip Ludwell, and Robert Beverley, 
yet it was on their behalf that the Council at once took 
up the cudgels (1375, 1384). Moreover, the Council made 
a direct hit at the hated Commissioners who had so much 
disturbed them two years before. In order to conciliate 
the Indian tribes, whose insurrection had been the original 



PREFACE. vii 

cause of the rebellion, Colonel Moryson and Sir John 
Berry had recommended the King to bestow on the 
tributary Kings and Queens small crowns or coronets, and 
purple robes. No unnecessary expense was to be incurred, 
for the diadems were to be only of " thin silver plate gilt, 
with false stones of various colours," and the robes only of 
" strong cloth " ; and the advice was therefore accepted. 
The Council, however, pointing out that this counsel was 
given ''without the permits of the Governor and 
Assembly," and that such " marks of dignity ought not to 
be prostituted to such mean persons," begged that the 
coronets might be for the present withheld. This was not 
encouraging for Culpeper's prospects; and a fortnight 
later the Virginian legislature went still further. The 
new Governor had brought out with him a number of Bills 
for the final settlement of all matters connected with the 
rebellion, and in addition to these a Revenue Bill. The 
House of Burgesses at once fastened upon this last and 
threw it out. Culpeper took the recalcitrant House to task 
forthwith, and read them such a lecture on the evils of 
wasting time and of unparliamentary conduct as brought 
them to their senses (1408). A compromise was arrived at, 
and shortly after he was able to report that he had .passed 
all the Acts sent out from England, though with some 
trouble, and that all was quiet. 

The country, however, was in no prosperous state. Unpros- 
The price of the staple product, tobacco, was so low that O f the 
it threatened ruin to all, and the Legislature could see ( 
no better remedy for the over-production than to petition 
the King to allow the Colonists to abandon planting during 
the year 1681. " A wild and rambling mode of living" 
and " want of cohabitation " were other great evils, for the 
healing of which an Act of Parliament was again invoked, 
to promote centralisation by permitting goods to be landed 



Tin PREFACE. 

and shipped in one town only in each county (1433, 
Another difficulty, it is painful to record, arose from the 
behaviour of His Majesty's Guards, there being " mutinous 
humours " in the company which had once been under com- 
mamd of Colonel Jeffreys. The Ensign and the Lieutenant 
had personal differences which they carried into the ranks, 
thereby exposing the soldiers to the evil* of disputed 
command; and the men were reported to be not only 
useless but dangerous after their long stay in the Colony. 
The truth probably was that they were neglected as well 
as unpaid, and baring no employment fell naturally into 
mischief. However, the year came t^ an end without 
further trouble, and, indeed, Culpeper had taken leave of 
the colony so far back as August (1486). In his sudden 
return and the rejection by the Board of Trade and 
Plantations of the compromise granted to the Virginian 
legislature over the Revenue Bill (1536), we must look for 
the matters which will chiefly engage attention in the year 
1631. For the present we close the business of Virginia, 
as comprehended in this volume at this point. A list of 
the civil and military authorities of each county, which 
appears to belong to 1680, will be found at No. 1637. 
Maryland. Of Maryland we hear singularly little in the four years 

A happy under review, though there is an interesting account of 
the settlement given by Lord Baltimore in answer to the 
inquiries of the Board of Trade and Plantations (633). He 
does not indeed consent to gire all the minute details 
required of him ; " Such scrutinies as their Lordships 
" desire would certainly either endanger insurrections or a 
<c general dispeopling of the Province, which is at present 
" in great peace and quiet, all persons being secured to their 
" content cf a quiet enjoyment of everything they can 
" possibly desire." He therefore professes himself unable 
to give any statistics of cultivated or uncultivated land or 



PREFACE. ix 

population. The English, he reports, know their own 
strength, but he can give no account of it. They baptise 
their negroes and instruct them in the faith of Christ, 
which most masters in America through covetousness refuse 
to do, and every man is at liberty to worship God in the 
manner most agreeable to his conscience ; otherwise the 
settlement would never have been formed. Altogether 
Maryland was a happy country; though its trade was 
seriously obstructed by the late Act of Navigation, a 
criticism which could not have been agreeable to the Board. 

Passing next to Carolina we find, though not till we Carolina, 
arrive at the documents of 1680, that there, too, there was The 
a rebellion on a trifling scale in the year 1677, an affair f^ 111 of 
which was first brought to the notice of the Lords of 
Trade and Plantations by one of the aggrieved parties, 
named Thomas Miller. The Lords Proprietors on being 
questioned gave a concise account of the rising (1288) 
which throws a curious light on a detail of Colonial 
administration that was already leading to troublesome 
results. In 1677 the Proprietors sent a Mr. Eastchurch 
to be their Governor in Albemarle county, who betook 
himself, doubtless on private business, to Antigua, and 
appointed Thomas Miller, the Collector of the King's 
Customs, to be his deputy. Now Miller had a failing, 
not, as the Proprietors point out, the common one of 
religious bigotry which had bred such dissension in New 
England, but a weakness for strong liquor. On his arrival 
" he undertook to model the Parliament," no doubt with 
alcoholic readiness and assurance, which proceeding, we 
learn without surprise, gave the people occasion to oppose 
and imprison him. Thereupon certain unscrupulous men 
agreed together to usurp his place as Collector of Customs 
and defraud the King of his dues; and so made the matter 
one of Royal concern. John Culpeper the ringleader of the 



X PREFACE. 

rebels was brought before the Lords of Trade and Planta- 
tions. He claimed to be tried in Carolina ; failing which 
he confessed his guilt and threw himself upon the King's 
mercy. The whole affair having long blown over, the 
Lords wisely decided that the only important point was the 
recovery of the duties owing to the King; and therewith 
the rebellion of Carolina came quietly to an end (1343, 
1490). Wise provisions for the settlement of disputes 
with Indians show the zeal of the Proprietors to keep 
the peace. 
Good ad- There are, however, not a few documents of unusual 

ministration . 

of Lords interest relating to this same province in the present 
Proprietors. vo ^ umej testifying one and all to the great good sense and 
administrative ability on the part of the Lords Proprietors. 
The first of these consists in instructions to the President 
of the Council of Albemarle county, with a view to the 
ultimate building up of a grand model of Government 
for the whole province (879), but first and foremost to 
the attraction and encouragement of settlers. The system 
of land grants speaks for itself; sixty acres of land 
to every freeman over sixteen years of age, and the same 
area to " every able man-servant with a good fire-lock 
10 Ibs. of powder and 20 Ibs. of bullet." Still more 
instructive are certain supplementary directions (992) 
to the authorities at Ashley river on the same subject, 
which show how little the nature of the English emigrant 
has changed in two centuries. The Proprietors have 
heard that " many persons who arrive to plant, spend 
" their time idly and consume what they bring with 
" them, and then finding themselves unable to quit the 
" place, lay the blame on the soil and the country." It 
is just such persons as these that now swell the list of 
the " unemployed " in Sydney and Melbourne ; and the 
remedy suggested is the same in both cases. The Pro- 



PREFACE. xi 

prietors of Carolina ordain that all new comers are to be 
called upon to employ themselves in planting provisions ; 
the Australian Governments try by means of village 
settlements and other devices to bring about the same 
result. In the same paper attention is called to a 
regulation limiting the proportion of river frontage to be 
allowed to holders of land, which proves the existence 
even then of the practice of " gridironing "* which has 
done such untold mischief in Australia. 

Concurrently we find the Proprietors gladly accepting Scheme of 
a scheme propounded by two Frenchmen, Hens' Petit ^enciT^ 
and Jacob Guerard, for the settlement of a number of Immigrants. 
French Protestants, seventy or eighty families, on the 
land in Carolina, there to cultivate their native produce 
of wine, oil, and silk, and make a home to receive their 
distressed brethren " who return daily into Babylon for 
want of such a haven." The whole story may be traced 
under the index of these two names ; for the present it 
will be sufficient to say that Rene' Petit sailed away 
with his emigrants to his destination, though not 
without some slight cavillings from the Commissioners 
of Customs, who would have preferred to see these 
settlers domiciled in England. " Too many families," 
said they, " already betake themselves to the Plantations 
" and Ireland to the unpeopling and ruining of England, 
" and this tendency should be checked rather than 
" encouraged." The Lords Proprietors supplied the money 
and the King a frigate ; and it is to be hoped that later 



* " Gridironing " consists in the purchase of a narrow hem of land on 
the margin of a river and its tributaries; the object being by exclusion of 
all others from access to the water to make the land that lies between the 
different streams useless to any but the proprietor of the water-frontage, 
and so obtain for him the use thereof for nothing. Such properties, 
when coloured on the map, present the appearance of the bars of a 
gridiron. 



Xll 



PREFACE. 



Building of 
Charlestown. 



chusetts. 

Dispute 
over New 
Hampshire 
and Maine. 



volumes of this Calendar may throw light on the ultima be 
success or failure of the venture. 

Lastly, there are precise instructions for the building 
of Charlestown, not the least centre of historic interest in 
the short life of the United States. The site of the city 
is precisely fixed ; and, continue the directions, " You are 
" to take care to lay out the streets broad and in straight 
" lines, and that in your grant of the town-lots you do 
" bound everyone's land towards the streets in an even 
" line, and suffer no one to encroach with his buildings 
" upon the streets, whereby to make them narrower than 
" they were first designed" (1233). Here is a fore- 
thought of the model Colonial towns of Christchurch, 
New Zealand, and Adelaide, South Australia. Further, 
to encourage the building of houses, it was ordained that 
town-lots should be forfeited unless the house were built 
within two years, while anyone who should erect a house 
at least thirty feet long, sixteen feet broad and two stories 
high, besides garrets, within a twelvemonth, became 
thereby entitled to additional town-lots (1355) if he 
should desire them. 

I turn now to the Northern Colonies comprised under 
the generic name of New England, and in particular to 
the chief of them, Massachusetts. Here we find the 
interminable controversy over the claims of Eobert Mason 
and Ferdinando Gorges to New Hampshire and Maine 
still waged with undiminished ardour between the two 
principals and the two Agents from Boston, Peter Bulkeley 
and William Stoughton. The whole matter was referred 
to the Board of Trade and Plantations on 7th February 
1677 (47), which was obliged, in its turn, to call the 
Lords Chief Justices of the King's Bench to its 
assistance ; and the struggle over priority of grants, 
legality of charters, and other subtle points was vigorously 



PREFACE. xiii 

carried on. But meanwhile, another and far deeper 
cause of contention between Colony and Mother Country 
was introduced by Edward Randolph, in the shape of the 
following specific charges against the Government of 
Massachusetts: (1.) That they have no right to land or 
Government in any part of New England, and have 
always been usurpers. (2.) That they have formed 
themselves into a commonwealth, denying appeals to 
England, and do not take the oath of allegiance. (3.) 
That they have protected the late King's murderers 
contrary to royal proclamation. (4.) That they coin 
money with their own impress. (5.) That in 1665 they 
opposed the King's Commissioners and by armed forces 
turned out the King's Justices of the Peace in contempt 
of royal proclamation. (6.) That they have put men to 
death for opinion io. matters of religion. (7.) That they 
impose an oath of fidelity to their Government to all 
within their terrritories. (8.) That they violate all the 
Acts of Trade and Navigation to the annual loss of 
100,OOOZ. to the King's Customs. 

The Board, on consideration of these articles, found Edward 
them to be of such high concern that they separated ac cusat?ons. 
them into questions of law and of state. The former, 
which comprised the rights of the " Bostoners " to land 
and government and the erection of the country into a 
commonwealth, they referred to the judges ; the remainder 
they reserved to themselves, judging them to be not the 
less serious from the support given by independent 
testimony to Randolph's statements (294, 295). The 
Agents from Massachusetts, being called upon to answer 
the charges, said that they had no powers except to 
answer the claims of Mason and Gorges, but consented as 
private individuals to make some kind of defence ; which 
amounted virtually to a confession of guilt with a plea 



xiy PEEFACE. 

of extenuating circumstances, and many promises of 
amendment (351, 354). This, of course, led to a rejoinder 
from the other side, with a recapitulation of the old 
charges and an additional list of new (357, 358). It was 
now averred that the Bostoners denied baptism to the 
children of those not born in Church fellowship, fined 
people for not coming to their meeting-houses and 
whipped others for not paying the fines, forbade the 
observance of Christmas day and other festivals, and had 
in sundry other ways exceeded their own powers and 
acted in repugnance to the law of England. Then the 
laws of Massachusetts were turned up, and there were 
found therein several illegal imposts and a curious list of 
fines, e.g., for galloping in Boston streets, 3s. 4<d. ; for 
playing at shovel-boards, bowling or other game, the 
house to pay 20s., and every person 5s. ; persons playing 
for money to forfeit treble value of their stakes, half to 
the informer and half to the Treasury ; every person 
dancing in ordinaries to pay 5s. ; every person offending 
by observing Christmas to pay the same ; persons 
importing or playing with playing cards to pay 5/. ; and 
so forth, all tending to make an ideally holy and unhappy 
community. The Crown lawyers were set to work to pick 
holes in the obnoxious laws, and Mr. Attorney fastening 
on the phrase " offences made capital which are so by the 
word of God," showed without difficulty that if the " word " 
were taken to mean the Mosaical law ' the Patent would 
not in many instances be fit to be followed by Christians" 
(378, 379). Mr. Solicitor followed with several proofs 
that the royal authority was unduly ignored (380) ; and 
in fact the statute-book of Massachusetts was subjected 
to such an inquisition as was to be looked for in the 
height of a reaction against Puritanism. 

T/ The unha PPy A gents now became uncomfortable, 
the Agents. 



PREFACE. XV 

They had come, as they said, only to combat the pre- 
tensions of claimants to their territory. But in doing so 
they had advanced themselves the most extravagant of 
claims. All was now going against them. Their charter 
was remorselessly criticised (359, 366), the extension 
which they had claimed for their boundaries was called 
"an imaginary thing no longer to be thought of by 
them," and, above all, the general faults of their 
community were ruthlessly laid bare. They feebly 
pleaded that it was time for them to return to Boston, but 
were answered that they must not think their stay too 
long, "for it was necessary and might be useful to 
" themselves in showing them that the King did not 
" treat with his subjects as with foreign powers, but was 
" resolved to exert his own authority both for their good 
41 and for his own (371)." 

The original wrangle with Gorges and Mason was then Sale of 
resumed. The question of Maine, which was in dispute with Massa- 
Gorges, was suddenly settled by his sale of the Province to f 
Massachusetts (629), and thus so much of the dispute 
was at any rate cleared out of the way. But another 
point on which the Agents fought hard was the retention 
of four towns on the Piscataqua, which they alleged 
would be under no one's care if not under that of 
Massachusetts, and from which they produced petitions 
praying to be continued under its rule. They were, 
however, met by a fresh batch of charges from Randolph, 
and by accusations from New York of disloyalty during the 
late Indian war. Moreover, in spite of the King's warnings 
as to their former misdeeds, the Government at Boston had 
persisted in them ; and the Agents were plainly told that 
so far from granting them an accession of territory 
the King was thinking seriously of diminishing their 
authority for the extension of his own (653). Meanwhile 



XVI 



PKEFACE. 



The Agents 
at last 
allowed to 
go- 



Hampshire 
established 
as a distinct 
Colony. 



a letter was addressed to the Governor and Council of 
Massachusetts ordering the oaths of allegiance to the 
King to be taken forthwith. 

The Agents now again tried to make their escape 
(May 1678, see No. 703) but perforce remained in England 
answering objections and charges as best they could. Old 
stories were raked up (811, 813) and rival claimants for 
the possession of the settlements in the Piscataqua kept 
cropping up on every side. And so the weary controversy 
continued until at last in February, 1679, the pressure of 
business caused by the Popish plot forced the Board 
of Trade and Plantations to dismiss the Agents to their 
Government. They took with them, sundry messages of 
warning and advice, with distinct instructions that the 
misdemeanours imputed to the Massachusetts should be 
answered, and that two more Agents should be sent over 
with more extensive powers (912, 1028). Thus Buikeley 
and Stoughton, after a very trying ordeal, at last obtained 
their release. 

The Board had meanwhile proposed to shelve the question 
of the land on the Piscataqua for the present ; but it 
was not to be. New Hampshire, for this was the province 
which was comprehended in the dispute, was a matter 
of too great importance to the rival claimants to be 
at once abandoned. If any be curious to follow the 
course of the controversy over New Hampshire they can 
do so by means of the index. Long before the combatants 
had ceased to pelt each other with representations and 
arguments, the English Government had settled the whole 
affair by taking the province into its own hands (May 
1679, see No. 996). The new constitution was discussed 
in the following month, by the 10th July it was complete 
(1058), and in September or October a great seal, the 
Royal Arms and His Majesty's picture, were sent across 



PREFACE. xvii 

the Atlantic (1131). The agreement arranged with 
Robert Mason on the subject was signed and sealed on 
the 1st July 1679 (10-11), and a second troublesome 
matter was for the present settled. The next that we hear 
is that the President of the new Government, John Cutts, 
"a very just and honest but ancient and infirm man," 
has been duly installed, and that Massachusetts has 
revoked all its former commissions within the Province. 
In June 1680 the President wrote his first despatches 
(1413, 1414), whereon we read that, although by the loss 
of the ship that carried His Majesty's royal effigies and 
the Imperial arms, that precious freight had miscarried, 
yet that on the whole all was quiet. With this our 
information respecting New Hampshire for the present 
ends. 

Concurrently there had raged a violent dispute as to juris- Dispute over 
diction over what is called impartially the King's Province, 
or the Narragansett or Niantic countries, lying between 
Narragansett Bay and the Pawtucket Eiver. Here again, 
should any reader be ambitious to follow an extremely 
complicated and vigorous dispute I would refer him to the 
index. Massachusetts set the quarrel going by an arbitrary 
disposition of the country (797) . Connecticut, Rhode Island, 
and New Plymouth exceeded each other in indignant 
vindications of their respective rights, with a diversity not 
only of argument but also of spelling that is most be- 
wildering. One document of genuine interest, however, was 
called forth in the course of the controversy, namely, a letter 
from the old champion of religious liberty, Roger Williams. 
There is a singular, almost Miltonic, dignity in his account 
of Mr. Richard Smith, " who for his conscience towards 
" God left a fair possession in Gloucestershire and 
" adventured with his relations and estate to New 
" England," and his description of himself as " by 

y 83072. b 



XV111 



PEEFACE. 



Dispute over 
Mounthope. 



- 



Randolph's 
fresh 

accusations 
against 
Massa- 
chusetts. 



" God's mercy the first beginner of the mother town of 
" Providence and of the Colony of Rhode Island." 
Compared with such language as this the letter from 
the inhabitants of Dover, for instance (587 ni.), which 
likens the King's favour to "the sweet influence of 
" superior or heavenly bodies to the tender plants," seems 
tawdry indeed. But readers may see .the whole of Roger 
Williams' letter for themselves (1069). 

Yet another bone of contention, which gives a fresh 
example, if such were needed, of the quarrelsomeness of 
the New England States, was the possession of the scrap 
of land called Mounthope, which had attained a certain 
notoriety in the late Indian war, and which was finally 
adjudged by the Board of Trade and Plantations to New 
Plymouth (see index, Mounthope). 

While all these wrangles were going forward, Edward 
Randolph, the original accuser of Massachusetts, had 
been sent out to supervise the collection of the King's 
customs in that recalcitrant state, establishing the 
government of New Hampshire on his way. His 
account of the state of things in Boston at the opening 
of 1680 was not encouraging. The Government was still 
collecting customs and coining m6ney contrary to the 
Royal order; there was hardly a child baptised in 
Rhode Island, none lately in Maine, and few in the 
other Colonies, all of which things had been censured 
by the King months before. After a month's stay ho 
was able to speak more decidedly. " The Bostoners, 
" after all the protestations by their agents, are acting 
" as high as ever, and the merchants trading as freely; 
" no ship having been seized for irregular trading, 
" although they did in 1677 make a second law to 
" prevent it. It is in every man's mouth that they 
" are not subject to the laws of England, neither are 



PREFACE. xix 

" they of force till confirmed by their authority." 
Randolph now, as heretofore, was for strong measures. 
" His Majesty may make short work of them by 
" bringing a quo warranto against them, and then 
" they will beg that on their knees which now they 
" will not thank him for.'* As we have seen, the 
Lords of Trade and Plantations had thought seriously 
of cancelling the Charter of Massachusetts, and we 
do not hear the last of this design in the present 
volume (1305). 

Randolph did not find his difficulties decrease with Resistance to 

Randolph in 

time. His zeal to suppress illicit trading soon involved Boston. 
him in litigation of the most unsatisfactory kind. If 
he seized a ship, all endeavours were used not only to 
cast him but to throw him into prison or clear him out 
of the way. His credentials from England were not 
accepted, and he was treated only as a common informer. 
He announces plaintively that in a pending suit in 
vindication of the King's authority against illicit trading, 
the Magistrates refuse to give him an attorney, and that 
he expects to lose his case whatever his defence. If he 
tried to board a ship he was threatened to be " knocked 
at head " ; if it was expected that he would board one, he 
was warned not to do so under the same penalty. The 
Governor gave him little or no support. In fact, as 
he says, he has " only life and hope left, which he is 
" unwilling to expose to the rage of a bewildered 
" multitude." Strong measures are essential ; " for His 
' Majesty to write more letters will signify no more 
" than the London Gazette ' " (1374). 

Meanwhile, however profitless the King's letters might Governor 
be, the authorities at Boston thought that a little smooth Letters. 
writing from their side would do no harm. Governor 

Bradstreet accordingly wrote, while poor Randolph 

b 2 



XX PEEFACE. 

was still tearing his hair, to say that the work of 
reform as recommended by the King in July, 1679, 
was in steady progress (1388). The cloven hoof, 
however, showed itself almost immediately. " Concerning 
" liberty of conscience, a chief design in our fathers 
" coming hither was to enjoy freedom ; but we presume 
" that His Majesty does not intend that a multitude 
" of notorious errors, heresies and blasphemies, should 
" be broached among us, as by the Quakers, &c." 
Here was a prospect of pleasant neighbours for William 
Penn whose Patent was under consideration almost 
while this letter was a writing. But the cruellest sting 
lies in another paragraph. ""We beg His Majesty's 
" excuse for not sending over other agents [as the 
" King had expressly ordered], and the rather for that 
" we understand His Majesty and Privy Council are 
" taken up with matters of greater importance." There 
was the rub. " The news of trouble at home gives 
encouragement to faction at Massachusetts," Randolph 
had written ; and the Bostoners were fully aware of 
Charles's difficulties over the Exclusion Bill. 

The English But the patience of the English Government was 
loses 6 becoming exhausted. Before this letter had reached 
patience. them the Lords of Trade and Plantations pointed out 
(1506) in the severest terms to the King that the 
Boston folk were trifling with him, and submitted the 
following draft of a letter : "By our letter of 24th 
" July 1679 we signified our willingness to forget all 
" past errors, and showed you the means by which you 
" might deserve our pardon, and desired your ready 
" obedience to certain commands, all of which we 
" submitted to your agents. "We little thought then 
" that our favour would have found so little favour 
" with you Few of our directions have 



PREFACE. xxi 

f been pursued and the rest put off on insufficient 
' pretences. You have not even sent us the new 
* agents that we ordered to be sent over within six 

" months after receipt of our letter 

' Nevertheless we continue our clemency towards you 
' and we therefore require you seriously to reflect upon 
' our commands already intimated to you, and within 
' three months of the receipt hereof send us .... 

' your fully qualified agents You will 

" further call a General Court on receipt of this letter, 

' read our letters and see to the execution of the 

' commands therein, in default whereby we shall take 

e the most effectual means to enforce the same." And 

at this interesting point the documents relating to 

Massachusetts in the present volume come to an end, 

though the final threat points almost to a landing of 

the red- coats in Boston a century before their time, 

when there should be no Washington to organise 

resistance, no European coalition to distract their 

operations, and no French fleet and army to drive them 

from the Continent. 

Eor the rest, the craving for information which marks New 
the policy of the English Government towards the ngai 
Colonies just at this period bore useful fruit in the 
shape of statistical accounts of the various settlements, 
which are of no little interest. Eirst in order comes 
that of New Plymouth (1349), which seems to have 
been the most prosperous of all; then Rhode Island 
(1352), Massachusetts (1360), and Connecticut (1447). 
Except in New Plymouth, population seems to have 
been scanty and slow of increase. All the Colonies 
are inclined to lament obstruction to trade from one 
cause or another, generally blaming the Acts of Trade 
and Navigation. Massachusetts hits a great blot in her 



XXli PREFACE 

complaint of Algerine pirates, the mischief of which, 
even in the Channel, was a sad reproach to the naval 
administration of England. Indeed we twice find these 
pirates interfering seriously with the course of Colonial 
affairs by the capture of Seth Southell, Governor of 
Carolina, on his way to his Colony, and of William 
Harris, a- delegate from a faction in Rhode Island, on 
his voyage homeward. The scarcity of labour is a 
grievance common to all the settlements, though in 
this connection it is curious to be reminded that over 
one hundred Scots were bought and sold for servants at 
Boston, "in the time of the war with Scotland." "We 
are more familiar with transportation to Barbadoes than 
to New England. But the most healthy sign of all is 
the general absence of idle beggars and vagabonds. 
Such people were not suffered in these industrious 
communities ; and though Massachusetts does indeed 
confess to the existence of a few of them, it is only 
for the sake of flinging a stone, after her malignant 
manner, at the Quakers of Rhode Island. 

Treaties In. the matter of relations with the Indians some 

interesting particulars may be gleaned from the letters of 

Penn. Sir E. Andros from New York, of Colonel Nicholas 

Spencer from Virginia, of Governor Notley from 
Maryland, and from a letter by W. Greenhalgh, which 
can be found without difficulty by reference to the 
index. Lastly, the arrangements for the grant of 
territory to William Penn, of which we have our first 
notice on the 1st June, 1680, (1373), the negotiations 
with the Duke of York and Lord Baltimore, and so 
forth, can also be traced step by step under the head 
of the name Penn in the index. The most curious 
original document relating to this matter is probably 
that containing the observations of the Attorney-General, 






PREFACE. xxiii 

Sir Creswell Levins, on the proposed grant, which are 
scribbled on the back of an old letter so roughly and 
carelessly as to be only with difficulty decipherable, as 
though so trivial a matter were unworthy the dignity 
of a fair copy (1584). 

Pursuing our way northward we come to the distressful Newfound-. jr 
country of Newfoundland, respecting which the student 
will find a large mass of not greatly varied information, between 

The ffist of the story, which is carried forward from the fisl * errnen 

and settlers. 

previous volume of this Calendar (1120, 1159, 1160), 
lies in the conflict between the permanent settlers and 
the migratory fishermen. It was, as is avouched by the 
testimony of various witnesses, the habit of the fishermen 
violently to dispossess the planters of their houses, stages, 
and goods, under plea of a charter granted to the West 
Country owners or Western Adventurers, the company 
of gentlemen and merchants in Devon who equipped 
the fishing fleet for its annual voyage. Needless to 
say, the fishermen retorted their own accusations against 
the planters (e.g. 215), which led to much recrimination 
and not a little hard swearing. But while these two 
parties of English were fighting among themselves, the 
Erench, who were numerous and well provided for in 
Newfoundland, were always on the watch, ready to step 
in and take the prize when the combatants had exhausted 
themselves. Eor the present the Board of Trade and 
Plantations decided to order the King's officers of the 

w 

convoy at Newfoundland to keep the peace between 
planters and fishermen, and to send out Commissioners to 
report. The first of these reports gives a curious account 
of the race for harbours on the arrival of the fleet. 
First come first served was the rule, and if the ships 
could not reach the harbours for foul winds they manned 
their boats and sent them forward alone. At such 



XXIV 



PEEFACE. 



Settlers 
appeal to 
the King. 



Decision to 
appoint a 
Governor. 



times the permanent settlers or planters were of untold 
value, for sometimes the ships did not arrive until ten 
days after the boats, and " what would become of the 
" poor men at such a cold season if they were not 
" relieved by the planters ? " (405). 

During 1678, owing to an embargo enforced by the 
King, no ships went to Newfoundland except some few 
from the Devonshire ports, which sailed in defiance of 
the embargo and did the usual mischief to the settlers. 
These last now appealed piteously for protection and 
proper governance, summing tip their spiritual and 
temporal wants in the three words, a government, a 
minister, and fortifications. These they declared 
themselves ready to maintain at their own cost (886, 
958). The Board of Trade and Plantations summoned 
the Western Adventurers to answer these complaints 
(965), and the quarrel was renewed. The two questions 
at issue were, did the planters really injure the fishing 
trade? and, could Newfoundland and the fishery be 
preserved to England without a colony ? The latter was 
incomparably the more important, and was answered, of 
course, with equal assurance by the planters in the 
negative, and by the fishermen in the affirmative, according 
as the interests of each dictated. It was for the Board of 
Trade and Plantations to choose between the two. 

The first business was to go through the charter of the 
Western Adventurers carefully clause by clause, and 
amend it so as to heal the breach between them and 
the settlement, but with a leaning always to the side of 
the planters [settlers] (1294, 1300) ; and at the second 
sitting the Board agreed that a Governor should be sent 
to Newfoundland with jurisdiction alike over planters 
and over fishermen that offended ashore. The Western 
Adventurers were anything but pleased, but the mind 



PREFACE. xxv 

of the Board was evidently made up. Sir George 
Downing of the Commission of Customs, who was called 
in to state the effect of the proposed change in his 
department, set forth hy many arguments the mischief 
that was to accrue to the fishery by the appointment of 
a Governor, but he was silenced by the intimation that 
the opinion of his brother Commissioners would be 
taken as well as his own (1313). The Western 
Adventurers sent up agents to speak on the same side 
as Downing; and the Western towns, which were their 
head- quarters, supported their representations'. But, 
says the journal of the Board, their Lordships finding 
no reason to alter their former resolution as to a 
Governor, agreed to proceed further towards preparing 
rules and provisions in that behalf (1536). It is evident 
that the opinions of the captains of the convoys 
seriously and rightly influenced the Board in forming 
its final decision (1313) ; and the extreme lucidity of 
their reports (1121, 1510) shows their capacity for 
judgment. The consideration that moved them in urging 
their reform was one which, though less potent perhaps 
in the reign of Charles II. than of other English kings, is 
always paramount in the mind of the English sailor the 
exclusion of the Erench. Here we leave Newfoundland 
apparently on the eve of her erection into a Colony. 

Striking now southward from the mainland to the Bermuda. 
Islands, we touch before entering the tropic at the little Complaint of 
archipelago of the Bermudas or Somers Islands. Here against the 
again we find the same troubles at work, leading, as 
in Newfoundland and Massachusetts, to the same issue 
between Chartered Company and State. Quite early in 
1677 (9) certain members of the Somers Island Company 
petitioned the King for redress of grievances imposed 
by a majority of their body on the planters in the Island, 



XXVI 



PEEFACE. 



The Board 
of Trade 
decides 
against the 
Company. 



grievances which had their root in the exercise of a most 
grasping and selfish monopoly. The Company had an 
answer ready (9 n.), and there for the present the 
matter seems to have rested. But in 1679 the planters 
in Bermuda themselves presented a table of complaints 
(990 i., n.), which brought the question forward in 
an acuter form. The Company, the planters alleged, 
virtually prohibited any ships except their own, even 
ships in distress, from entering the ports of Bermuda; 
the inhabitants could not consign their produce except 
to the port of London, where it was subjected to heavy 
duty for the Company's benefit, nor could they obtain 
any ships or goods except those that were furnished by 
the Company at its own time and its own scale of 
prices. The system is not so very unlike that which 
prevailed less than twenty years ago between the "West 
Indian sugar-planters and the great firms that supplied 
them with money ; but the crowning grievance of 
Bermuda lay deeper than this. " The inhahitants 
" frequently have occasion to petition His Majesty for 
" relief from many injuries ; but the present Government 
" will not suffer such petitions to come for England, 
<f unless allowed and approved by them." In plain 
English, the Company's agents exercised censorship over 
all documents that impugned its actions and would not 
suffer them to be delivered. 

A second petition a few months later (1052) expanded 
the previous articles of complaint, and called forth an 
answer from the Company which was simply a categorical 
denial of every statement (1062). The Board of 
Trade and Plantations, however, being still unsatisfied, 
determined to examine the matter, and called both 
parties before them to state their cases. Then the 
complainants appear to have become frightened, for we 



PREFACE. XXVU 

find the Board refusing to hear them further unless 
they paid five pounds to the Company as indemnity 
for unnecessary delay (1072); but they plucked up 
courage, and on the 30th July the informal trial was 
begun (1081). After a couple of sittings the Board 
dismissed all the charges but two, but on these reported 
strongly to the King, that the Company had no right 
to deprive any of his subjects of the power of petitioning 
to him, and that it had acted arbitrarily and illegally 
in dispossessing inhabitants of their lands without trial, 
and in itself trying causes as a Court of Judicature of 
First Instance. If the Company refused to submit to 
this decision the powers of their charter must be tested 
by an action at law. The Company did refuse; an 
order was issued for its prosecution in consequence 
(1277), and at this stage the proceedings for the present 
terminate. 

Lastly, we turn to the West Indies proper, which for West Indies, 
our purposes fall into three groups ; the Windward Island Menaces of 
of Barbadoes, the Leeward Islands of Montserrat, Nevis, Fleet. 
Antigua, and St. Christopher's, and, the leewardrnost 
of all, Jamaica. Before treating of them singly it will 
be convenient to notice first a common danger that 
threatened all alike, and is indeed the first thing of 
which we hear in that quarter in the years under review. 
On the 8th February 1677 Sir Jonathan Atkins reported 
the arrival of a powerful Erench fleet under Count 
d'Estrees, which had picked up Erench soldiers from 
all the Islands, reinforced itself with several sail of 
privateers, and was throwing the whole archipelago into 
alarm (48). After coasting Barbadoes all night, it bore 
away to leeward, and the next that was heard of it was 
that it had destroyed the Dutch fleet at Tobago (92), 
defeated the Dutch ashore by a single lucky shell which 



XXV111 PKEFACE. 

exploded the magazine, and swept the island clean, 
with the loss to themselves of but one man (559). Prom 
ilicnee i(. proceeded to Martinique, and thon. ugaiu 
appeared in November before K-irbadoes. The militia 
of tlio Island was called under arms, but nothing 
happened beyond an exchange of civilities ; and D'Estre*es 
sailed away " with something of admiration to see so 
groat a force of horse and foot in so small an Island" 
(498). At the opening of 1078, however, came rumours 
of war between England and France, and the panic 
at the presence of the fleet, which had never wholly 
subsided, rose again to fever pitch. In Barbadoes new 
defences wore hastily erected ; in Jamaica martial law 
was proclaimed and the spado set busily to work ; 
and in St. Christopher's and Nevis, which were the most 
exposed of all, the Governor and all the whites were 
under arms night and day, while all the negroes that 
wore out with them worked hard at the treches (642). 
A month later warning came from England that a 
broach might happen witli France, and that the Leeward 
Islands were to do as best they could for their defence 
(007). Before the message could reach its destination 
the fleet itself, twenty men-of-war and fifteen privateers, 
was at Basseterre in St. Christopher's, within sight of 
the anxious English, and apparently boating to windward 
to attack Nevis (087, 090). At sunset on the 29th April, 
however, it vanished to leeward, and nothing more was 
hoard of it until on the 1st of June news was brought 
to Jamaica, that this dreaded fleet had come to disaster. 
It had sailed for Oura9oa, whence the Dutch Governor 
sent three small vessels to watch it. The French gave 
chase, and the Dutch, knowing the navigation better 
than they, led them into a dangerous channel. The 
great ships began to run aground and fired guns of 



PREFACE. 

warning, which the rest of the fleet took as a signal for 
closer pursuit. One after another the great ships crashed 
on to the reefs ; and thus miserably perished ten out of 
the twenty splendid vessels brought out by D'Estre'es. 
Three smaller ships were also lost, as well as five 
hundred guns and five hundred men. Such was the 
scene at the Isle of Aves on the 4th May 1678.* 

The news did not reach St. Christophers until the Military 



of 

29th June, but the relief at its coming was great. The the Islands. 
British possessions one and all had, as we have seen, 
strained themselves to the utmost to repel any attack, 
and it is remarkable to note the strength of the forces 
which they could put into the field. The accounts of 
these for the Leeward Islands (423, 679, 741, 1418), for 
Barbadoes (1336), and for Jamaica (1370), have been 
carefully abstracted at some length as of value to the 
student not only of Colonial but of Military history. They 
present indeed a curious reflection of English military 
progress in the forty years since the opening of the great 
civil war. Thus in Barbadoes some of the muster rolls 
show as crude an organisation as that of the English 
militia in the days of Elizabeth; while on the other 
hand, as we shall presently see in treating of another 
matter, the Island rejected certain weapons offered by 
the Board of Ordnance in London for others of a newer 
and more effective kind. In Jamaica again, though fifty 
years had passed since Gustavus Adolphus had reformed 
the organisation and tactics of infantry, we find at 
least one instance of a company (1370 ix.) drilled and 
organised according to the obsolete fashion of Maurice of 
Nassau, an interesting survival, forasmuch as the officers 
were many of them the same men who had been sent out 
under Venables, Sedgwicke, and Brayne in 1655-57. 

* See Dampier's Voyages, i. 50-51, ed. 1729. 



XXX PEEFACE. 

Leeward But the ablest soldier and administrator alike in 

Islands. 

the "West Indies was undoubtedly the Governor of 

Stapleton 

and the the Leeward Islands, Sir William Stapleton. His 
thlTsea! despatches, dealing as they do almost exclusively with 
questions of defence, have a peculiar interest for the 
student not only of West Indian history but for all 
who would follow the long struggle of England and 
Erance for Colonial Empire. His position was one of 
no ordinary difficulty. St. Christophers was then divided 
between the English and French, the latter being in 
very decided preponderance. Moreover, the Erench had 
a good base of operations close by to windward at 
Martinique, while the most powerful English island to 
windward, Barbadoes, was separated from St. Christophers 
by three or four times the distance. But the standing 
danger to the English islands lay in the continual 
presence in the Caribbean Sea of a powerful Erench fleet. 
As Stapleton again and again pointed out, all empire in 
the West Indies turned on the control of the sea. As 
far back as 1675 (see No. 254) he had urged (and the 
Board of Trade, to do it justice, had supported him) 
the imperative necessity of maintaining a powerful 
English fleet to keep that of the Erench in check ; and 
all through the present volume we find him harping on 
the same string, and pleading that if not a fleet, at least a 
frigate might be spared him to enable him to sail from 
island to island of his government. Again and again 
the Board of Trade returned to the charge, and pressed 
the King to send both frigate and fleet (e.g., 288, 
299) ; and once we find matters pushed so far that an 
estimate was prepared of the expense of six ships and 
one thousand men for the Leeward Islands (700-702). 
Apathy of Little, however, came of this. The whole naval force 

the English 

Government, consisted of the "Quaker," ketch, "as meanly manned," 



PEEFACE. xxxi 

wrote Stapleton, "as ever I saw vessel 

" commanded by a mere brute unfit to live among 
" men. . . I have several ketches from New England, 
" which in a few days might be manned and fitted 
" with as much credit to the Grown as the ' Qviak'er ' is 
" often represented" (603, 604). What the Government 
did supply was a trifling sum for the building of 
fortifications (280), a small supply of stores, and a small 
reinforcement of men for the two companies of regular 
troops quartered in Stapleton's command. These last, just 
fifty-seven men, dressed, be it noted, in red coats (335), 
arrived at their destination in January 1678, " but, my 
" Lords (wrote Stapleton), in that condition that never 
" soldiers were sent without arms, ammunition, or 
" money to subsist withal, not so much as a sword or 
" the ammunition loaf to a place where there is no 
" magazine nor any stores to be purchased .... 
" I submit it to your Lordships' serious consideration 
" how dishonourable it is to the King and nation to 
" send soldiers to garrison where French and Dutch are 
" spectators of such their naked condition. They have 
" given me one of the greatest confusions I ever had " 
(582). When it is added that the two companies to be 
reinforced had themselves hardly any arms, owing to 
the destructive effects of the climate, and that their pay 
was in arrear since from the year 1671, poor Stapleton's 
feelings at the aspect of these recruits, especially when 
compared witli ten French companies of old soldiers, 
well paid and clothed, which had recently arrived in 

St. Christopher's, may be more easily imagined than 

., j Treaty of 

described. neutrality 

In the height of the alarm from D'Estr&s's fleet the between 

French and 

French General, Count de Blenac, offered Stapleton to English in 

T pfnvjirci. 

make a treaty of neutrality between the French and islands. 



xxxil PREFACE. 

English in the Leeward Islands, to subsist, whatever 
the relations between the mother countries. Stapleton 
eagerly grasped at the chance; the Treaty was signed 
on the -!%th May (741. ix.), and readily sanctioned 
by the English Government (745, 750). The Trench 
Government, however, refused to ratify the agreement, 
and the whole matter became for a time the subject of 
negotiation between the two Courts, the idea being to 
extend the Treaty to the whole of the West Indian 
possessions. The negotiations, however, were abruptly 
broken off by the French. The proceedings may be 
traced in the Index under the head Treaty, and need 
not, therefore, detain us longer, though it may be 
remarked that Stapleton held the behaviour of the 
French in the matter to be neither honourable nor 
straightforward. Yet he was not surprised, for he had 
once heard from Mazarin's own lips the saying, " Le roy 
n'est pas 1'esclave de sa parole " (1359). 

Eenewed Meanwhile, the respite that had been granted by the 

^French destruction of D'Estrees's fleet was not of long duration, 
fleet. By March, 1679, the arrival of a new French squadron 

was expected, and there was not even an English ketch 
among the Leeward Islands to meet it. The general 
insecurity had had its effect on the inhabitants, who were 
inclined to emigrate to safer settlements, such as Jamaica, 
a tendency which required to be checked by orders from 
the English Government (907, 1000). To aggravate that 
insecurity further, the French in the Island of St. 
Christopher's used their superior strength for the op- 
pression of their English neighbours, to the immense 
indignation of the helpless Stapleton. Knowing by 
bitter experience the backwardness of Charles in affording 
protection, he thought out a scheme for replenishing the 
slender stock of his war material by making it obligatory 



PKEFACE. xxxili 

on every merchant vessel to carry with it a certain 
proportion of ammunition on every outward voyage; a 
plan which was duly accepted in principle by the Board 
of Trade (968, 978) though we hear no more of it. 
Meanwhile, in June, the expected French fleet had 
reached Martinique, and in the same month a French 
man-of-war sailed into Nevis without taking the slightest 
notice of the English flag, and did not retire till six shots 
had been fired at her and she had herself answered by 
firing seven others towards the shore (1024). Two other 
French men-of-war offered the like insult to Jamaica 
(1059), and in July the fleet was again in the vicinity of 
Nevis worrying the inhabitants to death by the suspense 
of an attack. How, asked Stapleton, could he be expected 
to defend the Islands, though all blame of disaster must 
rest on him (1063)? The French in St. Christophers 
became more high-handed than before (1137, 1235), and 
Stapleton, finding the present situation unbearable, at last 
proposed as the only possible solution of the difficulty 
that the Island of Montserrat should be surrendered to 
the French, even at personal loss to himself and to 
others, in return for their evacuation of St. Christophers 
(1235). This suggestion again was eagerly snatched at 
in England (1320, 1324), in the hope of checking the 
importunity of the Leeward Islands, for Stapleton had 
coupled with his proposal a renewal of his request that 
either an efficient man-of-war should be sent to him or 
none at all. 

At last, after further insults from French vessels had The English 
driven the much-harassed English Governor almost to m ent'8 paltry 
desperation, the English Government made a great effort 
and agreed to allow 1,500. for the building of a fort at 
Nevis (a " bountiful supply " as the Board of Trade, in 
the desperate state of English finance, judged it to be), 

y 83072. c 



XXXIV 



PEE FACE. 



Sir William 
Stapleton. 



and with high commendations for Stapleton's spirited 
treatment of the French men-of-war, instructed him to 
vindicate the King's honour with the like readiness in 
future (1192, 1279). The Board also for the fiftieth 
time tried to persuade the King to send an adequate naval 
force to the Leeward Islands, and held out hopes to 
Stapleton of success (1320, 1324). But even while they 
were debating, the shameful inefficiency of the Admiralty 
Board had been visited on Stapleton in a quite unexpected 
fashion. The one paltry ketch on the station, the 
" Deptford," ran short of ammunition, and was obliged, 
after supplying herself from the slender stock at Nevis, 
to sail homeward. " It is a sad thing," wrote Stapleton, 
" that we who have so little store must lessen it. I hope 
" that if any English men-of-war be sent here, the 
" Admiralty will see them provided for a West Indian 
" instead of a Channel voyage as was the ' Deptford ' 
(1337). The French naturally took fresh advantage of 
the weakness of the English. " Hardly a week passes, but 
" some proud Frenchman or other comes and will neither 
" salute nor lower topsails until forced to it or compelled 

" to bear off by our guns It frets me to nothing 

" but skin and bone to see such indignities put on the 
" King's flag by their very merchantment " (1418, 1437). 
So the months passed on in constant alarms during the 
year 1680. The intelligence of the " bountiful supply " 
of 1,600/. towards the fortification was Stapleton's only 
crumb of comfort. He was thankful for small mercies, 
but pointed out that the sum was absurdly inadequate. 
" How far short it will fall even to pay the masons I 
" leave to your Lordships' consideration .... If 

' you would procure the bestowal of the 4J per cent. 

* duty on the erection and repair of forts (which was the 
" purpose for which it was originally designed] you would 



PREFACE. XXXV 

" infinitely oblige the inhabitants." All such repre- 
sentations were, however, useless. The Councils of the 
Islands added their entreaties to Stapleton's without avail 
(1392, 1441, 1442) ; and the only result was the re- 
appearance, in spite of Stapelton's repeated protests, of 
the " Deptford " ketch as the sole representative of British 
naval force. " It is my duty to be as silent as satisfied 
with what is sent," wrote Stapleton calmly, though with 
such bitterness as may be guessed. In truth his patient 
patriotism during these trying times entitle him to an 
honourable place in British Colonial history, should that 
history ever be written. The eternal menaces of the 
French fleet meant not only incessant hard work but 
immense pecuniary loss to the Islands. Stapleton 
reckoned it in 1678 at a million of sugar per week (687) ; 
yet he kept his government in good heart and good order ; 
and the Councils of the Islands in their letters begged 
that whatever happened he might remain with them as 
Governor. His troops, as we have seen, were unpaid ; 
the resources which should have been available for him. 
were diverted by the King ; he himself was the King's 
creditor for many years of arrears of pay for which he 
pleaded so often in vain that he was obliged at last to give 
a modest account of his services in war to show that 
" without vanity he deserved his pay as much as anyone " 
(1557). Yet he never lost heart. The amount of business 
which he contrived to transact was enormous. Apart 
from ordinary administration and preparations for defence 
he was constantly engaged in negotiations with the 
French ; and it fell to him also to withdraw the derelict 
English from Surinam and superintend the restitution of 
St. Eustatius and Saba to the Dutch. Yet he wrote out 
all the statistical particulars of the Leeward Islands 

(1418) with his own hand, judging it derogatory to the 

c 2 



XXXVI 



PKEFACE. 



Bsrbadoes. 

Gorernor 

Atkins. 



dignity of the Lords of Trade and Plantations that such a 
duty should be entrusted to a clerk. Tt is refreshing to 
encounter at such a time so fine a type of quiet courage, 
resolution, resource and devotion, as that presented by 
William Stapleton. The example was not lost upon 
general officers in the West Indies in the desperate year 
1795. 

I turn now to another Island and another Governor, 
which offer us a study of a different though not un- 
interesting kind. Sir Jonathan Atkins, who had arrived 
in Barbadoes as Governor in 1674, had drawn censure 
upon himself from home by his disapproval of the Acts 
of Trade and Navigation, and his partiality for free trade 
(see previous volume, 1179) ; and it is evident from his 
early letters in 1677 that he was somewhat uneasy as to 
his position (11). He had found the Island distracted 
by two factions, and having reconciled these and called 
an Assembly, he discovered that the planters were at 
variance with the English Government on two principal 
subjects the misbehaviour (as they judged it) of the 
Royal African Company, which enjoyed the monopoly of 
the supply of slaves, and the extortion of the farmers of 
4J per cent, duty levied for the service of the King (11). 
As both of these interests were particularly favoured by 
the English Government, the difference resolved itself 
virtually into a dispute between Colony and Mother 
Country ; and Atkins threw in his lot with the Colony. 
The Board of Trade and Plantations was, as we have 
already seen, busily gathering information respecting all 
the Colonies with a view to more decided interference 
their affairs, and, as it seems, with the hope of 



in 



gathering more from them for the Royal Exchequer. 
This information Atkins, either from laziness, or from 
fear of trouble with the Barbadians, or from opposition 



PREFACE. XXXvii 

to the policy of the Board, or, as is most probable, from a 
combination of all three causes, was most unwilling to 
furnish ; in fact he said flatly that it was impossible to 
supply it (11, 187). Most unfortunately, however, there 
was a certain number of West Indian merchants, who 
claimed to speak as the representatives of Barbadoes, and 
were constantly haunting the Colonial Office (as we 
should now call it) with requests and recommendations 
which, though sometimes undoubtedly for the good of the 
Colony were, consciously or unconsciously, prompted 
mainly by consideration for their own interests. The 
administration of the West Indies has long been divided 
between three contending powers, the actual inhabitants 
on the Islands, the merchants at home, and Exeter Hall. 
The student can trace in the present volume the first two 
in full and active operation, and early symptoms of the 
rise of the third. 

The first passage at arms between the Governor and His quarrel 
the Board arose out of the danger of a French war. The English 6 
merchants, doubtless, in terror for their investments, Government, 
represented that Barbadoes was short of weapons (231) ; 
the Board, therefore, although Atkins had expressly 
declared that there was no occasion for it, ordered the 
despatch of fifteen hundred pikes (248, 259). The 
Assembly on receiving intimation of this resolved that 
the fifteen hundred pikes were wholly useless to the 
Island, and would be a great and unnecessary charge ; 
and moved the Governor to buy twelve hundred plain 
firelocks, " after the French, work, about the value of 
twenty shillings each," and two hundred carbines (397). 
Such outspoken, though well deserved, contempt for 
military opinion in England must have been galling 
enough ; but the matter did not end there. Atkins seized 
the opportunity to make vehement complaint that the 



xxxviii PREFACE. 



should have taken action on the advice of 
merchants without the consent of himself and his legis- 
lature. Pikes, he said, were useless, as there was a 
worm in Barbadoes that destroyed English wood. 
The Island was bound by charter to pay for its own 
armament, and the people begged that they might be 
allowed to select it for themselves. Merchants of the 
Exchange, the Eoyal African Company, and others, took 
upon themselves in some measure to be Governors of 
Barbadoes, and he had thus so many masters that he 
did not know whom to please ; it were to be wished that 
these gentlemen, and especially Sir Peter Colleton, would 
move in their own spheres for the future. He complained 
also that places of profit were given away by Patent, a 
subject to which I shall presently recur. Finally, he 
flatly refused to give some of the information on military 
matters that was required of him. " The strength and 
" weakness of a place so important as Barbadoes should 
<f [he said in effect] be kept secret. No doubt your 
" Lordships are entrusted with many more important 
" secrets, but the King has appointed me his Captain- 
" General here, and I am responsible with my head for 
the safety of the Island (403)." 

Irritation The letter was audacious and free-spoken enough, but 

Island ^ s ^ one was 8U PP r ted, so far as concerned the inter- 

ference of the merchants, by both the Council and the 
Assembly. Additional irritation was caused in Barbadoes 
by the arrival of a travelling Englishman with a copy of 
the heads of information issued by the Government. This 
gentleman, Sir Thomas Warner, a prototype of the 
modern tourist, had received some kind of vague request 
from Secretary Coventry to note down any intelligence 
that might be useful to the Board, and had apparently 
allowed the heads of inquiry to become public property, 



PKEFACE. xxxix 

thereby creating much suspicion among the ever 
suspicious Barbadians. Atkins, to whom he confided 
his thirst for military intelligence, told him that if he had 
attempted to satisfy it, he would have hanged him for a 
spy, and intimated as much to the Board of Trade and 
Plantations (422). It is hardly surprising that the Board 
somewhat resented the lofty tone of Atkins, but it had 
put itself so completely in the wrong that it was obliged 
to return a soft answer. Meanwhile it did not improve 
its position by summoning the Speaker of the Assembly, 
William Sharpe, to England, to answer a charge preferred 
by the hated Royal African Company, of illicit trading 
in negroes (266, 498). The Assembly deprecated such 
arbitrary measures, with the remark that inhabitants of 
such extreme parts of the King's dominions, if removed 
to England for trial, must inevitably be ruined whether 
they were innocent or guilty (p. 191). 
Nevertheless, the Board was not disposed to yield Governor's 

position 

altogether to Atkins ; and it found, amid all its many weakened. 
complaints against him for withholding information, 
good ground of censure in the persistent difficulties 
which he raised against the transmission of the laws of 
Barbadoes. Atkins, on his part, remained as insubordinate 
as ever, as his next important letter sufficiently shows 
(592), and now fought the English Government on another 
issue. The Board had, in the prevailing zeal for religious 
toleration which was just now encouraged in England 
for the Duke of York's sake, fallen foul of certain penal 
laws against the Quakers. Such laws were undoubtedly 
reasonable, for the Quakers not only refused to take 
their share in the defence or even the fortification of 
the Island indeed, a Quaker in making a map of the 
Island, had declined to mark either churches or forts 
but encouraged a disorderly spirit among the negroes by 



Xl PKEFACE. 

inviting them to their meetings. This, considering the 
frequency of negroes' rebellions, was a most serious 
danger. Atkins, on this point again, was right and his 
masters wrong, hut in virtue of his correctness he 
assumed too imperious a tone. The Board clamoured 



more and more for a complete list of laws, and then 
Atkins hegan to shuffle and prevaricate. At the opening 
of 1679 moreover a party in the Assembly sent one of 
its members, Colonel Drax, to join the very merchants 
of whom the Governor had complained, in independent 
negotiation with the Government ; and from, that moment 
Colonel Drax and Sir Peter Colleton became, in Atkins' 
own phrase, the Governors of Barbadoes (969). They 
took upon themselves to settle the whole difficulty of 
the 4^ per cent, duty by offering to take the matter out 
of the hands of the farmers and make the King a larger 
payment, and they even took credit to themselves for 
saving the ancient constitution of Barbadoes. Thus, the 
Assembly being no longer united at his back, the 
Governor's position became very unstable. 

Atkins Through the complaints of the farmers, as it happened, 

the Board discovered that Atkins had not furnished them 
with copies of all the laws of Barbadoes (1023). It sent 
him thereupon two despatches (1074, 1079) which show 
that it was rapidly coming to the end of its patience. 
Atkins's reply was in his old tone " My Lords, I must 
" finish with a request that you will please to consider 
" me as the King's Governor here. That you are 
" pleased to put the opinion of merchants and people 
" that are concerned in this Island in balance with me 
" 'tis something hard to bear, as your letter expresses 
" they tell you their own interests, and it may be not 
" the King's, which when 'tis required I will faithfully 
' do." The principle which he Jiere enunciates is so 



PREFACE. xli 

sound, and has so often been neglected with disastrous 
results, that it is distressing to find it employed for 
purposes of subterfuge. The Board now cut matters 
short by saying plainly that, unless Atkins obeyed 
orders he would be superseded (1270) ; and thereupon 
Atkins wrote a long letter of defence, and enclosed 
with it at last the answers to the Board's heads of 
inquiry. These documents have a remarkable interest for 
their picture of the Island's condition and of its peculiar 
system of hand-to-mouth legislation (1334, 1336), and 
not less for its examples of the intense suspicion which 
is still characteristic of the Barbadians at large. Thus 
Atkins was pat down as a traitor who designed to sell 
the Island to the French simply because he was able to 
speak the Erench language ; and he explains that he 
was obliged to consent to a certain enactment because 
if he had even hesitated he would have passed for 
" as arrant a papist as ever was hanged at Tyburn." 
His defence, however, availed him little. Every statement 
of his was checked by inquiry of the merchants in 
London (1386), and it was plain that he lay at their 
mercy. A second long letter of defence (1362) was 
followed by a second curt letter of censure (1427), and 
three weeks later the Board decided to recall him, and 
appoint Sir Richard Dutton to be Governor in his stead 
(1469). 

The Board now gave the methods of administration The results 
in Barbadoes more serious attention. Their ignorance of struggle. 
the existing system is shown by a list of questions as to 
the actual power of the Crown in respect of legislation 
in the Colony ; and the general vagueness of the 
Governor's powers is proved by Button's request for 
special authority to deal with refractory members of the 
legislature, and to pass laws without the sanction of 



PREFACE. 

the Assembly (1505). These proposals were fully in 
accordance with the general policy of the English 
Government at the time, but the subject will be more 
conveniently discussed in a later page. We therefore 
part with Barbadoes with Sir Klchard Button's projected 
departure for the Island at the close of 1680 (1610). 
The story of Atkins' supersession is only that of the 
first of many contests between the local legislature and 
the English merchants for supremacy in the administration, 
wherein the victory, in consequence of the defection of a 
part of the Assembly, lay with the merchants. The part 
played by the element now known as Exeter Hall shall 
be dealt with presently. 

Jamaica. I pass now to Jamaica, the island round which is 

Contro- centred the principal interest of this volume for the 
thfTHome 1 student of Colonial history. Already in the previous 
Government. yo i ume (986 i.-ix.) we find the Governor, Lord Vaughan, 
with the Legislature at his back, in controversy with 
the English Government over the admission of a Receiver 
of the King's dues, one Thomas Martin, who had been 
appointed by Letters Patent to the authority thereby 
imposed on him. Not only did Vaughan obstruct him 
in the discharge of his duties, but the Legislature 
passed an Act transferring certain moneys formerly 
payable to the King from his service to that of the 
Island. We have already seen Sir Jonathan Atkins 
fighting against the Crown in resistance of the same 
encroachments, and we shall now see the quarrel between 
Crown and Colony widen itself to a battle all along the 
line in attack and defence of what is now called Home 
Hule. 

Quarrels of We may pass by the dispute over Martin's Patent 
Governor with the remark that in defiance of the Royal instructions 
Assembly. ne was not only denied his rights by the Jamaicans, but 



PEEFACE. xliii 

thrown into prison, where he remained, once more in 
defiance of repeated E/oyal orders, for nearly a year until 
finally released in 1678 (650). Meanwhile, the Legislature 
of Jamaica had been summoned, and the Assembly had 
fallen out with the Governor and Council over an Act of 
Privileges, which secured to the Island the benefit of the 
laws of England (208, 209) ; while both Houses had run foul 
of the King's Commission to the Governor respecting the 
command of the Militia, of his instructions in favour of the 
Royal African Company, and, in fact, of the Royal wishes 
at large. Trouble was brewing fast. The Council were, 
most of them, " old standers and officers of Cromwell's 
Army," whom the Governor had no power to suspend; 
and their discipline was by no means perfect. A great 
and inveterate evil in Jamaica was the privateers who 
not only caused endless trouble with foreign nations, but 
led away rich and poor alike from steady work and honest 
enterprise. Vaughan tried hard to suppress them, but in 
vain, for many of the Legislature, particularly Sir Henry 
Morgan and one Robert Byndloss, were interested in their 
success ; and matters came to a climax when the Assembly 
interposed to exert the prerogative of mercy and prevent 
the execution of a condemned pirate. Vaughan, how- 
ever, was firm ; the culprit was hanged, and the Assembly 
dissolved (August 1677, see 365, 375, 383). A new 
Assembly was called in September, of which we hear 
little, though as it voted 1,000. to the Governor 
we may suppose that its humour was less recalcitrant 
(398, 402). Lord Vaughan remained in the Island until 
March, 1678, when he returned to England a poorer and 
sadder man (622, 6i6). 

But while these matters were going forward in the Poyning's 
tropics the Board of Trade and Plantations had been Jamaica, 
extremely busy with the affairs of Jamaica at home. 



PEEFACE. 

After long neglect it had been decided to examine certain 
laws of Jamaica which had been sent home by Lord 
Vaughan in 1675, and which, being valid for but two 
years, would require renewal. Even while the Assembly of 
Jamaica was fighting with the Council for the Act which 
declared the laws of England to be in force in the Island, 
the King's Attorney-General was considering how far the 
enactment was consistent with the King's right of 
dominion. Further, and here we see the ground prepared 
for the coming contest, he was ordered to prepare a Bill, 
modelled on Poyning's Law in Ireland, directing the 
manner of enacting, transmitting, and amending the laws 
of Jamaica by the King in England (206, 226). The 
work went rapidly forward. Lord Carlisle was ordered to 
prepare to go to Jamaica to carry out the new policy (395). 
The laws as received from Lord Vaughan were amended ; 
the style of enactment was altered from the " Governor, 
Council, and Assembly, &c." to the " King by and with 
the advice &c., of the Assembly " ; and much debate 
took place over the Commission and Instructions for the 
new Governor (457, 474) . Sir Thomas Lynch who knew 
Jamaica well by experience, counselled moderation (465), 
and even the members of the Board hesitated for a time as to 
whether they should not avail themselves of sharp practice, 
rather than arbitrary authority, to obtain an Act granting 
perpetual revenue, which was one great object of the new 
departure (461). But on the whole the Lords decided to 
weave all their designs into the new scheme of Govern- 
ment, and to curb once for all the headstrong Assembly of 
Jamaica, which had so recently shown signs of taking the 
bit into its teeth. 

Lord Carlisle By November the programme was complete. Jamaica 
was henceforth to be governed according to Poyning's law. 
No Assembly was to be called in future, except in case of 



PKEFACE. xlv 

invasion, without the King's special directions -, the 
Governor was empowered to remove refractory members 
of Council and appoint others in their stead, and forty 
ready-made laws modelled on those sent by Lord Vaughan, 
were passed under the Great Seal and entrusted to Lord 
Carlisle to be laid before the Jamaican Legislature. A 
perpetual Bill of Revenue, providing among other things 
for the safety of the King's Receiver, which had been 
imperilled as we have seen in the person of Thomas 
Martin, was among them. Equipped with these powers 
(480, 641), and strengthened by a force of two companies 
of English troops and a large quantity of stores Lord 
Carlisle sailed for Jamaica, after infinite delay, at the end 
of April or beginning of May 1678 (693). 

After a long passage, wherein he suffered much from The new 
gout, he landed at his destination on the 18th July. He rejected, 
had lost, we may note, but two of his soldiers on the 
voyage, a very small mortality in those days, and those 
"from excessive drinking of water." The red coats 
were welcomed to overawe the negroes, who just then were 
" very outrageous." On the 19th he produced his batch 
of laws and summoned an Assembly for the 2nd September ; 
but even before its meeting he reported dissatisfaction in 
the Council over the new policy. Indeed, according to his 
own account, he had anticipated trouble while it was still 
under debate in England. The Assembly met, received 
the Bills in instalments, and proceeded to discuss them in 
a spirit of criticism which soon resolved itself into a spirit 
of rejection. The next incident was a quarrel between 
the Governor and the House, because the Clerk refused to 
communicate to His Excellency the Assembly's reasons 
for throwing out the Bill of Revenue. The matter ended 
in Carlisle's threatening to lay the Clerk by the heels 
unless he produced them by six o'clock next morning. 



xlvi PREFACE. 

The Governor then tried conciliation, but without success, 
and finally the whole forty Bills were uncompromisingly 
thrown out. "With great difficulty Carlisle prevailed upon 
the Assembly to pass a Revenue Bill to provide money 
for the next twelve months, the members only after a 
struggle consenting to use the new style " by the King" 
in place of " by the Governor." This done he dissolved it 
(12th October). The reasons alleged by the Assembly 
against the Bills were mostly frivolous, the weightiest being 
that they had not been compared with the later batch 
sent over by Lord Vaughan in 1677 ; but the resentment 
against the new system was insuperable. The members 
would not part with their deliberative power though 
Carlisle might charm never so wisely ; and the Governor 
finally wrote home that he agreed with the Assembly in 
,ba4w the opinion that distance from England rendered the Irish 
system impracticable in Jamaica (Lord C's. letters, 779, 
794, 814, 816, 827, 832. Journals of Assembly 786, 806, 
1648). 

The English The Board, on hearing what had passed, was not a 
tries little disturbed, for apart from the rejection of all its 



coercon. ^^ Carlisle liad transmitted for the ftoyal assent six 
Acts containing provisions, particularly in respect of 
the extension of the laws of England to Jamaica, which 
directly set at nought all its previous determinations. 
After short consideration it decided to fight the matter 
out, and if the Assembly still proved stubborn, to reduce 
the Island to the Military Government established by 
Colonel Doyley after its original capture by the 
expedition sent out by Cromwell (954). After some 
difference of opinion, due possibly to the influence of 
Halifax, it presented a report on the whole question 
dated 28th May, 1679, (1009), which was at once a 
summary of the dispute and a refutation of the 



PREFACE. xlvii 

Assembly's objections. Nor can it be denied that this 
refutation was very able and complete not only in 
defending the King's position, but in delivering a 
counter attack on the Assembly's encroachments, 
particularly in respect of the prerogative of mercy. 
The one weak point was that which concerned the 
crucial question, namely, the applicability of Poyning's 
Law to a West Indian Island. It was evaded by a 
vague assertion that what was good enough for Ireland 
was good enough for Jamaica. 

The report was duly forwarded to Lord Carlisle with a Carlisle 
letter of censure on various small points. He, like t 
Atkins, had been furnished with a number of heads of P lic 7- 
enquiry to which to supply answers, but so far he had 
failed to do so ; and it is noteworthy that as regards 
military information he raised the same objections on 
the score of secrecy that had been adduced by Atkins. 
This, however, was a small matter; it is more important 
to note that before the letter of censure reached him he 
had fully made up his mind that the new policy would 
not be accepted by Jamaica and must be abandoned ; and 
he sent Sir Francis Watson to England to urge his views 
upon the Board of Trade and Plantations (1030, 1096). 
A new Assembly met on the 19th August, and the 
Governor frankly told them what he had done, 
adding that if Watson failed he would go himself. The 
House voted him six months' supplies, and then at once 
came to loggerheads with him about the examination 
of the Receiver- General's books. The members contended 
that they had a right to investigate the accounts ; the 
Governor denied it ; and as the Receiver-General was 
the same Thomas Martin who had made himself 
obnoxious to the Assembly before, the whole irritating 
question about officials appointed by Letters Patent was 



xlviii PREFACE. 

re-opened (1098, 1099, 1103). The alarm caused by the 
appearance of the French fleet then drove the whole of 
the legislature from the council to the camp, and the 
Parliament was prorogued till 28th October (1104). It 
is, we may note in passing, somewhat comical to find, 
among the objections transmitted through "Watson to 
England, that Jamaica like Barbadoes was further 
advanced in the choice of military weapons than the 
military authorities at home (1141). 

Embitter- During the interval Lord Carlisle seized the opportunity 

ment of the j. Q a pp i n t one O f n j s own servants to be Clerk of Assembly, 

between in order that he might be the better informed of its 

Governor and 

Assembly. proceedings (1129) ; but the wrangle thereby caused did 

little to further the objects of the Board of Trade and 
Plantations. The Assembly again threw out all the 
English Bills, and answered all his expostulations by an 
address criticising some of them in detail and deprecating 
the new policy as a whole with considerable freedom. Not 
content with this, it also vehemently urged the Governor 
to suppress privateering, an action which, considering 
that it had baulked his most strenuous efforts in that 
direction, was a deliberate piece of impertinence. The 
moving spirit behind this Address was one Colonel Samuel 
Long, who had acted as Speaker in late years and was 
also Chief Justice of the Island ; and it was against him 
that Carlisle now turned. His reputation was not 
altogether spotless (see previous Vol. 1665. 837,934, 962), 
and it was now discovered that he had erased the King's 
name from the last Bill of Kevenue transmitted by 
Lord Vaughan in 1675 after it had passed both houses. 
Carlisle, adding this to his other delinquencies, dismissed 
him from his post of Chief Justice and suspended him from 
the Council, a strong measure which decidedly sobered 
the Assembly. He then announced his intention of 



PKEFACE. xlix 

sending him and others of the recalcitrants home, that 
the whole matter might be cleared up once for all 
(1188, 1189, 1199). 

Meanwhile the Board of Trade and Plantations was Vacillation 
taking advice from former Governors (1234, 1239) as to English 
the actual position of the Crown towards Jamaica, Government - 
evidently with the object of denying altogether the 
constitutional privileges claimed by the Island. The 
question even of the King's right to Jamaica by conquest 
was raised, so strong for the moment was the inclination to 
a high-handed solution of the difficulty. The merchants of 
Jamaica, however, joined the Island in complaints of the 
new policy (1259), and the Board hesitating between 
wrath and fear vented its feelings in captious criticism 
of sundry petty details of Carlisle's action (1269, 1318), 
and after recapitulating the proceedings of the Assembly 
came to the lame conclusion that upon the whole matter 
an apology was due to the King. Then following up its 
aggressive mood it submitted to the law-officers of the 
Crown the question whether Jamaica really possessed 
any rights whatever beyond those that the King might 
think fit to concede (1323, 1347, 1405). Matters were 
finally cut short by the departure of Lord Carlisle from 
Jamaica with the culprit Long in his charge (May 1680 
(1370)). 

He arrived in England early in September, and on the The quarrel 

settled in 

16th formulated his charges against Long, which amounted England, 
to three : (1.) The erasure of the King's name from the 
Bill of Revenue aforesaid ; (2.) The attempted release of 
the condemned pirate Browne ; (3.) General contumacy 
towards the King's orders (1509, 1512). The subsequent 
proceedings may be briefly told. After some discussion 
of the whole question by the light of the past history of 
Jamaica (1540, 1550, 1561) the dispute was settled by the 
mediation of Chief Justice North. The new policy was 

y 83072. <1 



PREFACE. 

abandoned ; and the constitution of Barbadoes, differing 
little if at all from that for which the Jamaicans 
contended, was granted to Jamaica, together with virtually 
every other concession for which they asked. In return 
the Assembly pledged itself to grant the King a fixed 
revenue, which, if not perpetual, should last at all events 
for seven years. The liberties of Jamaica were saved, 
and Samuel Long was the Hampden who had saved them 
(see Instructions to Lord Carlisle, 1571, 1572). 
Jamaica But the champions of Jamaica did not stop there. 

follows up 

her victory,... - Tuey pursued their success by submitting a further 
programme of reforms, embracing practically the removal 
of all the grievances which have been touched on in the 
course of this prefatory sketch. Eirst and foremost came 
the question of privateering, which all parties, whatever 
their secret thoughts, outwardly agreed to be the curse 
of "West Indian trade. The Council of Jamaica had 
complained strongly of these " ravenous vermin " (1361), 
and no one had been latterly more sweeping in his 
condemnation than the veteran buccaneer Sir Henry 
' Morgan (1425, 1462). The Board of Trade and Plantations 
had busied itself not a little with the question of 
legislation against piracy (601, 606, 607, 611), but the 
true means of suppressing the evil was the maintenance 
of an efficient English fleet in "West Indian waters, and 
this, as we have seen in the sketch of the Leeward Islands, 
was a difficulty in the days of King Charles the Second. 
The request was shelved by referring it to Chief Justice 
North and Secretary Jenkins (1622). The next grievance 
took the form of a violent attack on the Hoyal African 
Company, its monopoly of the negro-supply, and its 
oppression as a creditor. This again was not only a 
Jamaican but a West Indian matter. Barbadoes had 
taken measures for its own protection, to the great 
indignation of the Company, but the Leeward Islands 



PREFACE. li 

were loud in their complaints (pp. 573, 575, No. 1454), 
and the Board was fain to put pressure on the monopolists 
to force them to concessions (1583, 1622). The point is 
of interest, for the West Indies have passed their whole 
life in similar struggles against monopolist firms of a 
similar kind. 

A third request was for allowance of appeals from the Appeals 
Supreme Court of Jamaica, and for permission to apply Supreme 
public money to the payment of a solicitor to represent 
the Colony in London. The question of appeals arose 
out of the case of one Erancis Mingham (see Index), who 
had been imprisoned in Jamaica for a breach of the Act 
of Navigation, but was summarily released by the Board 
against the representations both of Governor and Council. 
The Council, while submitting, protested strongly against 
the reversal of the judgment (1577, 1585), and indeed, 
on the evidence before us, the action of the Board, 
though supported by Long and his party, seems to be 
wholly indefensible. The most interesting feature in the 
controversy is a letter drawn in the course of it from old 
Sir Henry Morgan, who as Judge of the Admiralty Court 
had been reponsible for the case : " The office of Judge 
" Admiral was not given me for my understanding of the 
" business better than others, nor for the profitableness 
" thereof, for I left the schools too young to be a great 
" proficient either in that or other laws, and have been 
" much more used to the pike than to the book ; and as 
" for the profit, there is no porter in this town but can 
" get more money in the time than I made by this trial. 
" But I was truly put in to maintain the honour of the 
" Court for His Majesty's service." Juries would not 
convict in such cases. A cargo of soap had been seized 
in pursuance of the Acts of Trade and Navigation, but a 
witness had sworn that soap was victuals and that a man 
might live on it for a month, and the jury had thereupon 



Hi PREFACE. 

found for the defendant with costs. The point is worth 
noticing as a further example of the opposition, which we 
saw so rampant in New England, against the Acts of 
Trade and Navigation. 

Her triumph Lastly, the gentlemen of Jamaica made a final attempt 
complete. to limit the Governor's powers in respect of suspended 
Councillors, with the evident design of preventing a 
repetition of Carlisle's treatment of Long, but this was 
asking too much, and they were only rebuked for their 
pains. Nevertheless, their triumph on the whole was 
sufficiently complete. 

The Church I have hinted before at the growth in England of the 

West Indies particular influence which is now comprehended under the 

name of Exeter Hall. Its origin, I need not say, is to be 

traced to the Church. The activity of Compton, the Bishop 

of London, towards the Church in the Colonies may be 

judged from his representations respecting the ministry 

in America (337-9, 348-9, 881) and in the West Indies 

(1484, 1488, 1522"). The six ministers whom he had 

sent out to the Leeward Islands were not, indeed, shining 

lights, for we find the Council of St. Christophers begging 

that the next batch might be of riper years and better 

read in divinity, so as to be able to foil the Eoman 

Catholic clergy in argument in case of need (p. 572). 

But we see him showing zeal of a different kind in behalf 

of the negroes when he pleads for their admission to the 

* 

Christian religion. Considering that the principal question 
between the Colonies and the Mother Country in respect 
of negroes was whether they were " goods or com- 
modities " within the meaning of the Act of Trade, his 
persistence in urging this charitable design deserves to 
be remembered. In the West Indies as in New England 
the planters objected to it as destructive to their property 
and dangerous to the Islands (1535), and Maryland alone 
set a finer example. 



PEEFACE. liii 

Finally, a word must be said of the Board of Trade The Board 

* of Trade and 

and Plantations, and its progress in the work of Plantations 

administration. Eirst, we must notice its reconstitution 
by Order in Council of 22nd April 1679, with the list 
of its members (677). The names show an array of 
administrative talent that is by no means contemptible, 
but it is noteworthy that those of Halifax and Edward 
Seymour, two of the ablest of them, are rarely found at 
the end of a Report. The working man of the Board was 
evidently Henry Coventry. Next, we must mark the 
correspondence a notable stage in the advance of official 
routine. Governors had been so lax about correspondence 
that an order was needed to enforce attention to the same. 
The circulars issued for the purpose, not only to Governors, 
but to Colonial Secretaries and Clerks of Parliament, will 
be found at Nos. 1261-1263, of 14th January, 1680, from 
which day we may date the rise of those Quarterly Returns, 
which are still carefully prepared in the Crown Colonies, 
and as sedulously neglected by the Colonial Office. It 
will be interesting to see how soon the Board of Trade and 
Plantations adopted the present plan of persistently writing 
to the Colonies for information which is already to its hand 
in the Quarterly Returns. Nevertheless, even the growth 
of routine shows progress in administrative organisation 
and deserves honourable notice. Another standing 
order, respecting the absence of Governors from their 
Colonies, dates also from 1680 (1573) ; the occasion will 
probably prove to be Lord Culpeper's unexpected departure 
from Virginia in that year, though his absence would 
appear to have been sanctioned by his instructions already 
quoted. A proposal to establish a Colony at Demerara 
(714, 771) may also find a place in a reference to the 
general work of the Board. 

The next point that calls for remark is an inquiry offices held 
instituted into the tenure of offices in the Colonies at y atentt 



liv 



PREFACE. 



Increasing 
interference 
of the 
Board in 
Colonial 
affairs. 



large, a piece of good work which was due to Secretary 
Coventry (p. 440, No. 1204). We have already seen the 
complaints preferred by Sir Jonathan Atkins against the 
granting of offices by Patent, and the quarrel that arose 
in Jamaica over the functions of the Patentee, Thomas 
Martin. Martin's was no isolated instance, and the 
imposition of these officials and their deputies on the 
Governors was a constant source of irritation. Sir 
Jonathan Atkins on receiving his cue to speak adduced 
instance after instance of the most flagrant kind. The 
passage is too long for quotation, but will be found on 
page 535, and is worth study. The Governor, Atkins 
complained, forfeited 1,000 , and was declared incapable 
of serving the King if anything went amiss in the Naval 
Office, yet an official was imposed on him from whom 
and from whose deputy he could not obtain security. 
Again, " The last Patent was brought me by one 
" Mr. Binkes, who is deputy's deputy to two persons 
" whom I never heard of before." Lord Carlisle's 
opinions were hardly less forcible, and the Board of 
Trade and Plantations took care to guard against further 
recurrence of the abuse in Barbadoes by a clause in Sir 
Richard Button's instructions. Moreover, the whole 
question of offices in the Colonies was made the subject 
of inquiry. 

Eor the rest the general policy of the Board during 
the four years under review was emphatically one of 
direct interposition in the details of Colonial adminis- 
tration. How far this was dictated by the King's general 
attitude towards the Government of his subjects at large, 
* and by his hope of increasing his revenue are questions 
too wide to be discussed here. But beyond all doubt the 
condition of the various Colonies called aloud for the 
stronger exercise of the authority of the Crown. It is 
customary since the loss of the American Colonies to 



PREFACE. Iv 

deprecate the interference of the Mother Country in the 
internal affairs of her children beyond sea, and it is 
therefore probable that the recalcitrance of New 
England and the successful resistance of Jamaica may 
appear matters to be glorified at the expense of the 
Board of Trade and Plantations. It is too readily 
assumed that the rebellion of any dependency carries 
with it its own justification. The bare fact that 
Ashley, Arlington, and Lauderdale were of the Board 
of Trade and Plantations in 1677-1680, might seem 
sufficient reason for damning the English Colonial policy 
without further inquiry. But, on the other hand, the 
various settlements show themselves in the present 
volume to have been for the most part unfit to manage 
their own affairs. The ceaseless wrangles of the New 
England Colonies, their harsh treatment of the Indians, 
which had been the origin of the Virginian rebellion, the 
high-handed dealing of the dominant cliques, whether 
political as in Virginia, or religious as in Massachusetts, 
and the general bitterness of their sectarian animosity, 
made the lives of many of the settlers a burden to them. 
The chartered companies again showed themselves alike 
in Bermuda, in Newfoundland, and in the West Indies, 
to be grasping and oppressive. The white oligarchies 
in Barbadoes and Jamaica, moreover, were then, as 
always, divided between fear and hatred of their negro 
population, which throve better than the whites under a 
tropical sun. In Maryland alone was there peace and 
goodwill among all sects of the white and all races of 
the coloured, and it is of Maryland accordingly that we 
hear the least. In all the other Colonies the Board of 
Trade and Plantations was compelled to interfere, and 
in every case it found itself confronted by dishonesty, 
shiftiness, and prevarication. The despatch of its 
business was not what we should call rapid in these 



Ivi PREFACE. 

days, but on occasions, as, for instance, in the business of 
Bermuda, of Newfoundland, and finally of Jamaica, it 
showed abundance of industry, and a general desire to do 
justice ; and where it went wrong it erred principally on 
the side of excessive moderation. In spite of its first 
arbitrary intentions in Jamaica it met the Island 
finally in a conciliatory spirit, and although the enforce- 
ment of Poyning's Law seems a ridiculous system for 
West Indian Islands in those days of slow and precarious 
communication, yet it must not be forgotten that the 
measure of self-government then conceded to the "West 
Indies was proved by time to be far too great, that 
it broke down disastrously, after a far too long existence, 
within the present generation, and that, though still 
enjoyed rather in form than in substance at Barbadoes, 
it has everywhere else been rightly swept away. 

In conclusion, I must plead once more the difficulties 
inseparable from a divided editorship that have com- 
pelled me to load this Preface so heavily with references. 
In future volumes I hope by adding to the Index a 
few broad headings, such as Administrative, Econo- 
mical, Naval, Military, and Ecclesiastical, to disentangle 
from the ravelled skein of merely local detail the 
principal threads not only of Colonial policy at large, 
but of the ancillary subjects that are enwoven with it, 
in order, if possible, to place them more readily in the 
hands both of general and of special students. 

J. W. FORTESCUE. 
26th March 1896. 



COLONIAL PAPERS. 

AMERICA AND WEST INDIES, 



1677. 



1676-1677. 

Feb. 25. 1. Journal of the Council and Assembly of St. Christopher's. 
St. Christopher's. Proposals made by the Governor and Council to the Assembly. 
In reference to supplying the Magazine with powder, repair of the 
fortifications, encouragement to import provisions and able white 
servants, and to "take up " deader Jive fugitive slaves who commit 
daily robberies and outrages. 

March 3. Answer of the representatives of St. Christopher's consenting 
to the above proposals and suggesting that an Act be passed offering 
rewards for the apprehension of runaway slaves, dead or nlive. 
Ordeied that the English Commissioners of the National Court 
confer with the French Commissioners concerning said Act, and 
also an Act prohibiting negroes from crabbing, for the prevention 
of destroying sugar canes and housing by fire, for under pretence 
of crabbing many inhabitants are robbed. 

April 3. Proposal of the Council to the Governor to do all he possibly can 
to prevent His Majesty's subjects from deserting their settlements 
on tlrs island and resorting to other islands belonging to foreign 
princes which they have been doing daily, and to recall them to 
their former settlements ; accepted by the Governor and ordered to 
be forthwith published. 

April 24. Proposal of the Governor and Council to the Assembly to erect 
a fort on Cleverley Hill in the parish of St. Ann, conseuted to and 
that the work may be vigorously carried on ; an Act to be prepared 
for that purpose. 

April 29. On the motion of the Governor and Council for sending to 
Tortola for timber for carriages for the cannons, James Laty, 
Charles Jack, and Robert Worlcy are nominated by the Assembly 
to treat with the Governor and Captain Elrington about that 
affair. 

May 9. Ordered that an Act be drawn for regulating the prices of strong 
liquors, as also the prices of sundry commodities of the growth of 
this island. Ordered that no liquor be adulterated or one sold for 
another on penalty of 1,000 Ibs. of sugar. 

April 3. That the French having land in the English part of this island 
(sic. ) who have not taken the oath of allegiance be summoned to do so, 
according to the Articles of Breda, and upon refusal to forfeit their 
land to the use of His Majesty his beirs and successors. 

y 83072. Wt. 8573. A 



COLONIAL PAPER6. 



1676. 
Oct. 9. 



1677. 
Jan. 0. 



March 31. 
July 9. 

Aug. 2. 
Nov. 29. 



Jan. 4. 

Jamaica. 



Jan. 9. 

St. John's 
(Antigua), 



Ordered that an Act be drawn to take true cognizance of weights 
and measures in this island and view all provisions imported, and 
if any be found defective or unsound that they be cast into the sea 
or burnt, with power to open any storehouse door. 

This day some affairs concerning both nations in this island 
were by the " Bench " treated of, and Commissioners sent to M. de 
St. Laurence to communicate with Lira. 

That the gunner take from the master of every ship coming to 
the island a certificate of her tonnage to be entered in the Secretary's 
office to the end the powder may be exactly collected for the use 
of the King's magazine. 

Request of the Assembly to the Governor and Council to make 
Articles of peace and union between the subjects of the two Crowns, 
inhabitants of this island, which the Assembly promise to ratify, 
confirm and allow of. 

Ordered that an additional Act be made to the Act for the 
erecting a fort on Cleverley Hill. 

Ordered that one of the Council, one of the Assembly, a com- 
missioned officer, and two gentlemen of the Troop be weekly at the 
fort on Clevei ley Hill to see the work go forward ; also that a 
capable white man out of each division go with the officer to be at 
the fort every day in the week. [Col. Papers, Vol. XXVIII., 
No. 69, pp. 11-16.] 

2. Governor Lord Vaughan to Secretary Coventry. Encloses 
depositions of some English who have made their escape from the 
Havanna, and of others whom a Spanish ship robbed in the open 
sea. Orders should be sent to the Governor from Spain to observe 
the peace. Divers of His Majestj^'s subjects at the Havanna kept 
as slaves, no justification for the Governor's barbarous usage of His 
Majesty's subjects and his continuing to take all our ships. The 
people here full of discontent, seeing their hands are tied while 
others are at liberty to commit any robberies upon them. Piracy 
committed on Mr. Sheeres. Has given commission to two sloops 
of four guns each to go as convoy to our small boats. Is advised 
from New England that they have cleared themselves of the 
Indians and that the rebellion in Virginia continues. Finds Bacon 
sent some messengers overland to New England "with large 
remonstrances of the grounds and reasons for his taking arms. ' 
Hears likewise that on the death of Lord Baltimore's deputy in 
Maryland the planters there have revolted and declared for Bacon, 
but supposes this report to be merely rumour and raised by those 
who wish it. 2 pp. The enclosures to this and another letter of 
Lord Vaughan ivill be found abstracted, No. 21 of 28 January. 
[Col. Papers, Vol. XXXIX., No. 1; also Col, Entry 13k., 
Vol. XXIX., pp. 122-124.] 

3. Journal of the Council and Assembly of Antigua, Present, 
Colonel Philip Warner, Governor, " the whole Council and Assembly." 
Ordered that the following Acts be forthwith passed, viz. : For 
embezzling of goods under attachment or execution ; against 



AMERICA AND WEST INDIES. 3 

1677. 

enticing servants from their masters ; to prevent trespassing of 
cattle ; for collecting of powder ; against unlawful practise of 
surgery ; for confirming of lands ; for damning several titles to 
lands ; against stealing provision and fruits ; and against indebted 
and idle persons living out of a lawful calling. [Col. Papers, 
Vol. XXV., No. 55*] 

Jan. 9. 4. Petition of William Stoughton and Peter Bulkeley, agents for 
the Massachusetts colony, to the King. Whereas Mason and Gorges 
lay claim to certain tracts of land within said colony, Mason by 
indentures dated 9th March 1621, 10th August 1622, 7th November 
1629, 22nd April 1635, and Gorges by indentures of 10th August 
1622, 7th November 1629, 22nd April 1635, and 17th November 
1629 (? 1639), and after diligent search in the Rolls' Chapel and 
other places where these might be enrolled the indentures cannot 
be discovered, petitioners being summoned by an Order of Council 
of 22nd December to a hearing before the Council on the 12th 
instant cannot instruct their counsel without copies of the 
grants, and pray that Mason and Gorges be ordered to give copies 
of their grants. " Read 10 Jan. 1676[-7] and granted." 1 p. 
[Col. Papers, Vol. XXXIX., No. 2, and Col, Entry BL, Vol. 60, 
pp. 191, 192.] 

Jan. 10. 5. Order of the King in Council. Granting the prayer of the 
Whitehall, above petition and ordering that Mason and Goiges deliver up 
copies of their grants to petitioners. 1 p. [Col. Papers^ 
Vol. XXXIX., No. 3, and Col. Entry Bk., Vol. 60, pp. 193, 194.] 

[Jan. 11.] 6. Petition of Thomas Martin of Jamaica, Merchant to Lords of 
Trade and Plantations. His M ajesty, by letters patent, has granted 
petitioner the office of Receiver of Customs and other duties due to 
His Majesty in Jamaica, but Governor Lord Vaughan obstructs 
petitioner and will not permit him to receive the fees of his office. 
Prays their Lordships to appoint a day when petitioner may be 
heard by his Council, and Sir Thomas Lynch on behalf of Lord 
Van o han may have notice to attend. Signed by Thomas Martyn. 
" Read 11 Jan7 1677." Annexed, 

6. I. William Blathwayt to Sir Thomas Lynch. Mr. Martin's 
agent having by petition renewed his complaint against 
Lord Vaughan for not suffering him to enjoy the full 
extent of his patent (we previous volume of this Calendar, 
Nos. 986 i.-xi.), their Lordships will hear Martin by 
Counsel on Tuesday next when all persons concerned or 
who may be able to give information in this matter are to 
attend. The persons likely to appear besides himself are 
Sir J. Griffith and Captain Molesworth to whom he will 
please give this notice. Whitehall, 1677, February 2. 

6. If. Whitehall. 1677, February 6. Journal of the Lords of 
Trade and Plantations. Sir Thomas Lynch and Captain 
Molesworth attend, Sir John Griffith, agent for Jamaica, 
did not appear. After full hearing of the whole matter 

A 2 



COLONIAL tAPERS. 

JG77. 

their Lordships think His Majesty's patent ought not to be 
evaded as hath plainly appeared in the new model of the 
Act concerning that island's revenue, for finding by 
Martin's patent which Sir Thomas Modyford carried over 
that he was entitled to receive all public monies coming to 
His Majesty, they change the style of the former Act then 
renewed making certain moneys payable before to His 
Majesty to be now payable to the use of the island. And 
'tis observed by their Lordships that this single Act is 
omitted to be sent over with the whole body of the rest, 
and they see no reason why Martin and Compeare should 
not be put in full possession of what His Majesty has 
granted, and they look upon the Governor imposing on 
them a security of 6,0001. to be a severity designed only 
to frighten them and others from serving by His Majesty's 
grants, but rather to depend for employment on the favor 
of the island or the Governor. As to what Martin had 
declared to Secretary Coventry that he was in fear to act 
by the Governor's impossible instructions, their Lordships 
do not at present give any opinion, though they think 
petitioner under a very great hardship. [Col. Papers, 
Vol. XXXIX., Nos. 4, 5, and Col. Entry Bk., Vol. C1X., 
pp. 292, 293.] 

Jan. 11. 7. Petition of Colonel Philip Warner to the Lords of Trade and 
(Beceived.) Plantations. That tidings coming to His Majesty of a horrid and 
malicious murder committed by petitioner against the Indians of 
Dominica, credit was given thereto and all supposed to be true, and 
petitioner and two persons were examined, and to sudden questions 
owned several parts of the fact which provoked His Majesty to 
indignation, but had not time to show the fact not only suitable to 
the rules of war, but absolutely necessary otherwise His Majesty's 
subjects there had all been massacred. After eight months im- 
prisonment in the Tower, was transported to and tried in Barbadoes 
when he was declared not guilty and discharged by proclamation. 
Though it be unreasonable for so unfortunate and so afflicted a man 
to repeat the services he has done His Majesty, or whose son he is 
or what ruin this twelve months imprisonment and the infamy of 
a trial hath brought on his estate, scarce knowing where to appeal 
for redress unless to God alone, yet because petitioner cannot Jive 
under the burthen of His Majesty's displeasure or think his life of 
any account to him while so wounded in his reputation, prays their 
Lordships to be instrumental to restore him to His Majesty's grace 
and find some means how he may be repaired in his honour. 
"Kec* 11 Jan. 1676-7. Bead 10 May 1677." Whereupon their 
Lordships resolve to report in Council the account given by Colonel 
Stapleton of the piratical life of Hamlyn who deposed against 
Warner; and to move His Majesty that by some mark of his royal 
favour the petitioner might be encouraged to believe that His 
Majesty's displeasure was ceased towards him, but upon further 
consideration and debate the report was after wards laid aside and 



AMERICA AND WEST INDIES. 5 

1677. 

His Majesty was pleased to direct that Colonel Warner be displaced 
from his Government. Annexed, 

7. I. Order of the King in Council. That Mr. Secretary Coventry 
signify to Colonel William Stapleton, Governor of the 
Leeward Isles, that it is His Majesty's pleasure that 
Colonel Philip Warner be put out of the Government of 
Antigua, and any other employment or trust in His 
Majesty's service. Whitehall, 1677, May 18th. [Col. 
Papers, Vbl XXXIX., 'Nos. 6, 6 I. ; also Col. Entry Bks., 
Vol. XLVI.,pp. 191-195, and Vol. CV., pp. 41-44.] 

[Jan. 12.] 8. Petition of Robert Mason and Ferdinando Gorges to the 
King. That, as the Massachusetts Charter was vacated by due 
process of law in the late King's reign, a copy of the proceedings 
being hereunto annexed, pray the King to appoint a day for hearing 
and to instruct his counsel to examine the proceedings and give 
account thereof. "Read 12 Jan. 1676-7." 1 p. [Col. Papers, 
Vol. XXXIX., No. 7.] 

[Jan. 12.] 9. Petition of Perient Trott and several other merchants and 
members of the Bermudas Company to the King. That on the 
creation of said Company, about 1614, they traded on a joint stock 
which was dissolved near 50 years since. That some of the 
Company on purpose to destroy the trade of those parts have made a 
law that no ship should be employed to those Islands wherein any 
member of the Company hath any interest, refusing them leave io 
send for their own commodities with their own ships. That they 
send on their public account but one ship a year, and sometimes 
but one in two years, to the great loss of the planters. That 
strange ships have been licensed by the Governors to carry away 
tobacco contrary to several Acts of Parliament, regardless of 
complaints. Pray for the encouragement of navigation, and of 
petitioners in their trade that His Majesty will direct that free 
trade be allowed to said islands for His Majesty's subjects, members 
of said Company, and order the repeal of all laws to the contrary, 
and that the ship Charles now ready to sail may be enabled to 
land their goods, and to bring from thence into England the com- 
modities of the island. Signed by Perient Trott, Robert Steevens, 
John Wyse, and George Daye. Endorsed, "Read 12 Jan. 1676-7." 
Annexed, 

9. i. Affidavit of Thomas Leach, Master of the "Charles" of 
100 tons. That said ship is the property of Perient Trott, 
John Seymour, John Maine, and others, and is laden with 
manufactures of this kingdom, for supply of the wants 
of the inhabitants of the Bermudas. Is informed that by 
an order of the Company in London if any ship presume 
to land any goods there, said ship and goods shall be seized 
and confiscated, which is the sole hindrance of his voyage. 
1677, January 12. 

9. II. The answer of the Somers Islands Company to the above 
petition addressed to the King. That for several years 



COLONIAL PAPERS. 

1677. 

they traded in a joint stock, and then for the convenience 
of Members leave was given to trade with their own 
private stock, but still they always managed that trade 
in the Company's general or magazine ships. That the 
Company have made the byelaw referred, and also 
another byelaw that no member of the Company shall 
trade with any private ship for tobacco, and freight them 
there before the magazine ships are fully freighted, which 
they conceive according to law, and beneficial to trade, 
and the very being of said Company. That the magazine 
ship is sufficient to bring home the crop of tobacco in said 
islands, it being seldom or ever fully freighted, and that 
Trott has the same liberty as other members of the 
Company to send out his goods and lade his tobacco in 
said ship, she not being a quarter laden. Pray therefore 
that the petition be dismissed. Endorsed, " Read in 
Council, 17 Jany 1676-7." N.B. The above Petition and 
Answer are printed in Lieutenant-General Sir J. H. 
Lefroy's Memorials of the Bermudas, Vol. II., p. 449, and 
at p. 459., we find in Extracts from a General Letter of the 
Company, dated 1st October 1677, that Samuel Trott 
had arrived at Bermudas in the " Charles/' and moved for 
liberty to carry away tobacco. " We approve and take 
well and thank you that you did not allow and if so 
suppose he will have little cause to brag of his voyage." 
[Col. Papers, Vol. XXXIX., Nos. 8, 8 i., n.] 

[Jan, 19.] 10. Petition of Mason and Gorges to the King. Have delivered 
up copies of the required grants to the Massachusetts agents, not- 
withstanding the reciprocal was positively denied them. Pray for 
a hearing to be appointed on next Council day. Annexed, 

10. I. Order of the King in Council, appointing 7th February 
for the hearing. [Col Entry Bk, Vol. LX., pp. 195- 
197.] 

Jan. 22. 11. Governor Sir Jonathan Atkins to Secretary Sir Joseph 
Barbadoes. Williamson. Hears he lies under some prejudice in Sir Joseph's 
esteem, that his crimes are omissions not commissions, but has 
sinned in neither, that Governor is most miserable who may be 
condemned and not heard, but is sure that wilfully he has not 
offended. Begs he will have the patience to peruse some part of 
the history of his proceedings. Found on his first arrival the 
people in some distraction, having not been well pleased with the 
Government of the two late Lord Willoughbys, and that they were 
divided into great factions since the death of the last Lord when 
the Government was in the Council. The first thing he had to 
do was to reconcile the two Principals, then to make the people 
believe in himself, that he came to obey the King's commands, and 
having brought them as he conceived into a good temper he called 
an Assembly, and having had command for his Eoyal Highness to 
be kind to the Guinea Company, who complained of the hard laws 



AMERICA AND WEST INDIES. 7 

J077. 

of Barbadoes in favour of debtors, he acquainted the Assembly at 
their first meeting of this great scandal. They replied they 
esteemed themselves very unkindly used by those gentlemen, who 
annually drew from the industry of the inhabitants between forty 
and fifty thousand pounds sterling, and that they not only 
scandalized the place to the diminution of their credit, but they 
sent negroes to Jamaica and other places, and neglected to bring 
any hither, whereby many of their works lay idle to their great 
damage and contrary to the covenant of their patent, which 
grievance the Assembly hoped the Governor would remedy. Told 
them it was not in his power to relieve them, but that His Majesty's 
ears were always open to hear any complaint of his subjects. 
There came a letter from the Lord Treasurer, procured by the 
farmers of the four-and-a-half per cent., pretending they made 
their sugar casks bigger than they ought, and therefore that all 
sugars should be weighed before being shipped, so they have 
brought in an address to be presented to His Majesty on behalf of 
the whole island, which as their Governor he could not refuse 
them. For some time before Governor Atkins came, and a twelve- 
month after, the Company sent very few negroes, why, he cannot 
tell, but he never encouraged interlopers, and while he had power 
and the King's frigate remained he caused them all to be seized. 
Persuaded the Assembly to repeal the trade law of obstruction 
to ready recovery of debts, and advised them of overtures by 
Mr. Buckworth, Mr. Proby, and others " of that Society," that they 
might sell 3,000 blacks, and have good payment, and that yearly 
the place would take off between two and three thousand negroes. 
Since the complaint of the island to the King two or three ships 
with a considerable number have rather glutted than supplied the 
market, but they were all sold within a week. If his fatigue and 
endeavours were well discovered, is sure Williamson would both 
pity and absolve him. " But to conclude, if ever this plantation 
or any other was ever so well settled as this is at present, as well 
to the Church and State, if ever people lived with more esteem 
and reverence to their Sovereign, with more concord one to 
another, with more friendship and obedience to their Governor, 
if ever the laws were to be better executed, nay, I may without 
vanity say the whole island better satisfied, and if ever corruption 
any neglect of my duty be layd to my charge than renown " 
(sic.) end of letter. 2i pp. [Col. Papers, Vol. XXXIX., 
No. 9.] 

Jan. 22. 12. Governor Thomas Notley to [Lord Baltemore ?]. Early in 

Wiocomonico, December last the Senecas and Susquehannahs had a "small 

aryiand. encoun ter " at Jacob Young's house ; has taken the most effectual 

care for the security of Baltemore and Cecil counties, and sends 

four original letters received from the head of the Bay relating to 

it, and copies of his orders to Stamby and Well for their regulation 

in their jurisdiction (all these enclosures are missing), which he 

sent to the Chancellor for his approbation, and his own opinion how 

to proceed and treat with or against all manner of Indians as soon 



8 COLONIAL TAPERS. 

1G77. 

as the spring approaches, or we shall be surprised by them. Shall 
take all imaginable care to be at peace, especially with the Senecas, 
they being the greatest and most considerable nation, and a league 
with them will occasion security from the Delaware or Marquas 
Indians, especially if those two nations war against each other, 
then the Marquas will not make their usual excursions and invade 
us, otherwise they may, especially if they confederate with the 
Susquehannahs, both nations being the bloodiest in all these parts 
of America. The Piscattaways and small nations thereabouts, also 
the eastern shore Indians, all neighbourly and quiet, and has no 
reason to expect them otherwise. The last public levy was 297 Ibs. 
(of tobacco) per poll, and the great levy the year before has given 
occasion for malignant spirits to mutter, and may cause some to 
mutiny, " for the common people will never be brought to understand 
the just reason of a public charge, or will they ever believe that the 
expense is for their own preservation." Since General Davis and 
Pate were hanged the rabble (?) have been much appalled. Now 
enjoy peace among themselves, though never body was more replete 
with malignancy and frenzy than our people were about August 
last, and they wanted but a monstrous head to their monstrous 
body. The greatest revolution has occurred in Virginia affairs, for 
as their rebellion was grounded upon madness and folly, so the 
wheel has turned again as wonderfully and swiftly in the sub- 
mission of all the chief rebels to Sir William Berkeley, Ingram the 
titular General who succeeded Bacon, his Lieutenant-General 
Watlett, our noble Captain alias Colonel Bremington, and all their 
men, but three rebels of note stand out, the bell weathers of the 
rest during the whole rebellion, Lawrence, Drumraond, and Arnold, 
and they expected to be taken dead or alive, so that Berkeley is 
once more established in his government. Fears when the warm 
weather comes it may produce another swarm that may have as 
venemous stings as the late traitors had, especially if no ships 
from the King arrive with some persons to settle affairs in Virginia 
in better order than those now in power can do. There must be 
an alteration not of the government but in the government, new 
men must be put in, the old ones will never agree with the common 
people. Are all in a maze, no King's or other ships have arrived 
from London. The Indian in Virginia as bold and rampant as 
ever, advice from Colonel Spencer that they have in 14 days killed 
35 English, and believe if peace is not made there will be as great 
a slaughter as ever was, at least 500 of His Majesty's subjects 
have been murdered within twelve months. Has granted Colonel 
Spencer a license to treat with our Matawoman Indians to go after 
those Indian murderers. 4 pp. [Col. Papers, Vol. XXXIX., 
No. 10.] 

Jan. 23. 13. Journal of Assembly of Barbadoes. Election of William 
Sharpe as Speaker, every member present giving in a paper with 
the name of the person he desired. The Committee appointed for 
inspection of the laws will perfect their business against next 
sitting. The House considered of a short adjournment and 



AMERICA AND WEST INDIES. 



9 



1677. 



Jan. 24. 



Jan. 25. 

Whitehall. 



Jan. 25. 



Jan. 26. 

Jamaica. 



acquainted the Governor and Council. A Bill for securing the 
possession of negroes and slaves returned from Governor and 
Council for amendments, which the House think fit to lie under 
consideration till their next meeting. Adjourned till this day four 
weeks, see Feb. 20. [Col. Entry Bk., Vol. XIII., pp. 240, 241.] 

14. Warrant from Governor Sir William Berkeley to the Sheriff 
of Surrey County. To seize the estate of Robert Kay and send over 
his sheep to the Green Spring. With certificate of Samuel Swan 
that in obedience to same he did seize and inventory said estate on 
30th January 1677. [Col. Papery, Vol. XXXIX., No. 11.] 

15. Journal of the Lords of Trade and Plantations. Two reports 
from the Commissioners of Customs read concerning the "True 
Love," John Henman, master, and the "Olive Branch," both of 
Bytheford (?Bideford), gone on a fishing voyage to Newfoundland. 
Ordered that they be transmitted to Samuel Pepys, so that passes 
be granted to them. Petition read of John Downing, an in- 
habitant of Newfoundland, praying their Lordships to take his 
business into consideration, they will in Council that a full 
Committee meet on this matter. Letter received from Colonel 
Stapleton, governor of the Leeward Isles, of 22nd November last 
(see previous volume of this Calendar, No. 1150), desiring their 
Lordships' assistance in procuring arrears due to his Government 
of Nevis, a future fund, recruits, a public seal, arms and ammu- 
nition, and the use of a frigate, with his pay due to him as 
Lieutenant-Colonel of Sir Tobias Bridge's regiment, also 581. 14s. 8d. 
due to the two companies at St. Christophers from Sir Charles 
Wheler, promising a map of Antigua with all speed, and giving a 
particular answer to Heads of Enquiry sent 14th April 1676. 
[Col. Entry Bk., Vol. CIV., pp. 285, 286.] 

16. Petition of John Downing, gentleman, inhabitant of 
Newfoundland, to Lords of Trade and Plantations. Refers to his 
petition of November last, imploring protection to secure himself 
and family from the outrages from which they have suffered in 
Newfoundland (see previous volume of Calendar, Nos. 1120, 1159, 
1160), and prays their Lordships to commiserate his condition so 
that he may speedily obtain relief and prosecute his voyage. 
" Read 25 Jan. 1676-7." Annexed, 

16. i. Order of the King in Council. Referring Downing's 

petition to the Lords of Trade and Plantations for their 
report as to what they conceive fit to be done for 
petitioners relief. Whitehall, 1677, Feb. 21. [Col 
Papers, Vol. XXXIX., Nos. 12, 12 i.] 

17. Warrant from the King to the Attorney or Solicitor- 
General to prepare a Bill to pass the Great Seal containing a 
pardon to Captain George Brimicane of Jamaica for killing James 
Furleigh. In the same words as the pardon of 8th August 1 675 
(which see) the name only of James Furleigh being here inserted. 
1 p. [Dom. Entry Bk, Chas. II., Vol. XX VI I L, p. 168.] 



10 COLONIAL PAPERS. 



1677. 

[Jan. 26.] 18. Petition of the Royal African Company to the King. That 
since the Orders in Council of 20th September 1672 and 4th 
September 1674 for stopping ships trading into the limits of 
petitioner's charter loose traders have been more cautious by 
entering at the Custom House their goods as for other ports and 
then lading their goods at other places, having at same time ships 
at sea ready to take in said goods, and then proceed to Africa. 
Are informed that one John Case, Master of the Antigua merchant, 
is laden with goods for Guinea, though entered for Antigua. 
Annexed, 

18. I. Order in Council on the above petition. That said ship 
be stayed until the master give security that she shall not 
trade to any port within the limits of petitioners' charter. 
3 pp. [Col. Entry Bk., Vol. I., pp. 66-68.] 

Jan. 27. 19. Grant from Governor Berkeley to Gregory Walkelate. To 
take into his custody " all such Roanoak and Peacke as was taken 
from the Indians " and not distributed amongst the soldiers, and 

J , that belongs to the Governor. [Col. Papers, Vol. XXXIX. 

No. 13.] 

Jan. ? 20. " Entry of originall Papers concerning Gregory Walk- 

lett in Virginia." Part only of one letter (? from Captain 
Grantham) to Walklett has been entered, although many blank 
pages are left. Has communicated his letter to the Governor, the 
proposals for a cessation " are quite out of doors," the Governor 
and the country have been too much abused by a cessation before. 
As to his proposal to come to Gloster with a good troop of horse 
and arms, advises him to bring them with what speed he can to 
Tindall's Point or thereabouts and declare for the King's Majesty, 
the Governor, and country. Will upon the least notice of it come 
and fetch him on board to His Honour (? the Governor of Virginia) 
and he may assure himself there will be good fighting men and a 
considerable company of resolved men, ready armed, to assist him, 
the writer of this letter amongst them. [Col. Entry Bk., 
Vol.LXXXI.,p. 501.] 

Jan. 28. 21. Governor Lord Vaughan to Secretary Coventry. Has taken 
Jamaica. more depositions of injuries received from the Spaniards since 
his last (see ante No. 2, and sends a letter from the Governor 
of Trinidad. But for his having fitted out two men-of-war sloops 
as convoy to our small boats, our fishery would have been wholly 
lost, and abundance of useful people in this place ruined. No less 
than sixty English people in the Havanna kept as slaves. Without 
some orders from Europe the Spaniards will never do us right, the 
Governor of Havanna confirmed for five years longer. Hopes to 
receive an instruction to re-enact their laws, in April the laws 
expire. 2 pp. Enclose, 

21. I., n. The Thertiente of Trinidad's letter to Governor Lord 
Vaughan with English translation. 1677, Jan. 4. 

21. ill. Benjamin Smith's deposition of his being taken by the 
Spaniards and carried to Trinidad. 1677, Jan, 12. 



AMERICA AND WEST INDIES. 



11 



1677, 



Jan 28. 



Jan. 



Jan. 29. 



Jan. 29. 

H.M.S. 
" Bristol," 
Kiccowtan, 

James River. 



21. IV. James Risbee's deposition of his being taken by the 

Spaniards and carried to Trinidad, with loss of his vessel 

and goods. 1677, Jan. 12. 
21. v. William Salisbury's deposition of his being taken by the 

Spaniards and carried to Trinidad. 1677, Jan. 12. 

Those three depositions sworn before and certified by 

Governor Lord Vaughan. 
21. vr. The let-pass given by the Lieutenant of Trinidad to a 

sloop belonging to Jamaica that was brought into that 

port. 1677, Jan. 8. 

21. VII. Governor Lord Yaughan's instructions to Captain Roger 

Marsh. Port Royal, 1677, Jan. 3. [Col. Papers, 
Vol. XXXIX., Nos. 14, 14 I.-YII. ; also Col Entry Bh, 
Vol. XX IX., pp. 124-128.] 

22. List of Papers sent by Secretary Coventry's orders to 
William Blathwayt (Secretary to Lords of Trade and Plantations) 
on 26th April 1677. "Read 28 June 1677." This list comprises 
all the enclosures in the preceding letter of Lord Vaughan, besides 
four other depositions taken before the Governor of Jamaica between 
October and December 1676, which are abstracted in the previous 
volume of this Calendar, No. 1101. [Col. Papers. Vol. XXXIX., 
No. 15, and Col Entry Bh, Vol. XXIX., pp. 127, 128.] 

23. Abstract of Papers transmitted by Secretary Coventry, 
touching injuries done by the Spaniards to the English nation in 
the West Indies. These papers are comprised in the preceding 
list and begin 'with abstracts of Governor Lord Vaughan's letters 
of 4>th January and 2Sth January, in which these papers were 
enclosed. 4 pp. [Col, Papers, Vol. XXXIX., No. 16.] 

24. Lords Proprietors of Carolina to Major Aldrich. Acquaint 
him as Lord Berkeley's Deputy that they suffer extremely in 
interest and reputation through Lord Berkeley not having paid in 
the 200?-. due to their joint stock. Will make the business as easy as 
they can to his Lordship if he will presently pay 120. to Captain 
Halstead, and the other 801. in three months. If he should fail 
Mr. Saxby our secretary will tell him how great the damage will 
be. Earnestly desire his Lordship to comply with this most 
reasonable and necessary request, which otherwise may put a stop 
to their prosperous proceedings, Signed by Shaftesbury, Craven, 
Clarendon, G. Carteret, and P. Colleton. [Col. Entry BL, Vol. XX. 3 
p. 119.] 

25. Sir John Berry to Governor Sir William Berkeley. Came 
to an anchor this afternoon. There is on board with him Colonel 
Francis Mory.son, joint Commissioner with Berry and Colonel 
Herbert Jeffreys for settling the grievances and other affairs in 
Virginia. Has on board about 70 of His Majesty's soldiers 
commanded at present by one Captain Morris ; the rest of the 
forces, on their arrival, will make up a complete regiment of 1,000 
men under the command of Colonel Herbert Jeffreys, with all 



12 COLONIAL PAPERS. 

1677. 

kinds of provisions and ammunition necessary for carrying on the 
war against the King's enemies and suppressing the present 
rebellion, all of which were shipped and ready to sail when Berry 
left England. Has full power from the King to command all 
merchant ships and seamen within the rivers of Virginia. Will 
supply him with such stores as he can spare. The ships under 
his command are the Bristol and Deptford ketch, the Rose 
and Dartmouth. Frigates coming after with the rest of the 
forces. Earnestly desires a personal conference and would be glad 
if he would come 011 board. Lady Berkeley was well when the 
writer left London and ready for her departure hither. Colonel 
Moryson is expecting to meet him face to face so writes not now. 
[Col. Entry Bk, Vol. LXXXL, pp. 17-20.] 

Jan. 30. 26. Humphrey Harwood to (the Commissioners for Virginia). 
Has sent up all the sheep belonging to John Leucas according to 
their warrant, and taken an inventory of the rest of his personal 
estate. [Col. Papers, Vol. XXXIX., No. 17, and Col Entry Bk., 
Vol. LXXXL, p. 275.] 

Jan. 30. 27. A dialogue between the rebel Bacon and John Goode as it 
was presented to Governor Sir William Berkeley, which took place 
on or about 2nd September last, concerning a report that the 
Governor had sent for 2,000 red-coats and the chances of the (500) 
Virginians being able to beat them ; Bacon's opinion of the mind 
of the country as well as of Maryland and Carolina to cast off their 
Governors, " and if we cannot prevail by arms to make our 
" conditions for peace or obtain the privilege to elect our own 
" Governor, we may retire to Roanoke." 9 pp. [Col. Entry Bk., 
Vol. LXXXL, pp. 232-240.] 

[Jan. 31.] 28. Petition of Robert Clowes, Chief Clerk of the Supreme Court 
of St. Jago de la Vega, to the King. That Governor Lord Vaughan. 
refuses to admit Thomas St. Nicholas, petitioner's deputy, to 
officiate in said office. Prays His Majesty to order said Governor 
to do so. Two copies, one "read 31 Jan. 1677," the other "read 
6 Feb. 1677." Annexed, 

28. I. Order of the King in Council. Referring above petition 
to Lords of Trade and Plantations for their report. 1677, 
Jan. 31. " Read 6 Feb. 1677." 

28. II. Patent to Robert Clowes of the Inner Temple appointing 
him Chief Clerk of the Supreme Court of St. Jago de la 
Vega. Westminster, 1672 Sept. 16. [Col, Papers, Vol. 
XXIX., No. 28.] 

28. III. The King to Governor Lord Vaughan. Orders him to 
admit the deputy of Robert Clowes to the execution of 
his office. Windsor, 1674 June 9. [See Col. Paper*, Vol. 
XX XL, No. 44.] This and the previous document are 
calendared in a previous volume. 

28. IV. Report of Lords of Trade and Plantations to the King 
on above petition of Robert Clowes. Having heard 
counsel, and as no reason has appeared to their Lordships 



AMERICA AND WEST INDIES. 



13 



1677. 



Jan. 31. 



Feb. 1. 
Whitehall. 



why Lord Vaughan lias refused to admit petitioner's 
deputy to enjoy the benefit of his office as provided by 
His Majesty's patent, offer their opinions that copy of 
said petition be sent to Governor Lord Vaughan with 
the signification of His Majesty's pleasure that Charles 
Herbert be immediately admitted as petitioner's deputy 
into said office of Clerk of the Supreme Court of St. Jago 
de la Vega, 1077, June 26. 

28. v. Order of the King in Council. Approving preceding 

report, and that Secretary Williamson if said Clowes shall 
desire it prepare a letter for His Majesty's signature to 
Lord Vaughan, according to their Lordships' advice. 
Whitehall, 1677, July 11, see 13 July 1677. [Col-. 
Papers, Vol. XXXIX., Nos. 19, 19 i.-iv. ; also Col. 
Entry Bk, Vol. XXIX., pp. 111-121.] 

29. Petition of Robert Clowes to Lords of Trade and Planta- 
tions. That their Lordships on hearing Council were pleased to 
agree on a report to be made to the King in petitioner's favour. 
Prays that they would proceed to make such report and recommend 
petitioner to His Majesty's grace and favour. "Read Jan. 21, 
June 1677," sic. [Col. Papers, Vol. XXXIX., No. 20.] 

30. List of papers relating to Jamaica received on 31st January 
1677 from Mr. Secretary Coventry, in the business of Sir H. 
Morgan and Colonel Byndloss. 2 pp. These jjapers have cdl been 
abstracted in the previous volume of this Calendar. See No. 1129. 
[Col Papers, Vol. XXXIX., No. 21.] 

31. Secretary Sir Joseph Williamson to Sir Andrew King. His 
Majesty having been pleased at the desire of His Royal Highness 
to allow of the Royal African Company's proceeding to treat with 
the Dutch West India Company upon a late overture they have 
made, sends declaration of His Majesty's pleasure in the form His 
Royal Highness approved. Encloses, 

31. I. His Majesty's allowance to the Royal African Company to 
treat with the Dutch West India Company for the re- 
straining interlopers and for the mutual good of both 
Companies in their trade, upon the overture made on the 
part of the Dutch Company by their letter of the 22nd 
January instant. Whitehall, 1677, 31 Jan. Together, 
li PP- [Dom. Entry Bk., CJias. II., Vol. XL11I., 
pp.130, 131.] 



32. Sir John Berry and Colonel Francis Moryson to Secretary 
Sir Joseph Williamson. Arrived within the Capes of Virginia 



Feb. 2. 

On board 

"Bristol" a fter a tedious passage of ten weeks and a day, and delivered all 
in James River, papers to Govei nor Berkeley who came aboard. The rebel Bacon 
Virginia. i s dead, his accomplices dispersed, arid about twenty of the ring- 
leaders lately executed. The poor loyal party beginning to return 
to their ruined homes. James City totally burnt to the ground by 
Bacon, who with bis own hand set fire to the church. The small 



COLONIAL PAPERS. 

1677, 

number of soldiers already arrived quite destitute of quarters ; no 
place fit to receive them, much less the number that are coming after, 
whereat the Governor, who believed a frigate or two would have 
been sufficient, and never desired soldiers, is much amused, and the 
whole people startled, and many ready to desert their plantations, 
which will force them to continue the soldiers on board till Colonel 
Jeffery and the rest arrive. In praise of the Governor's conduct. 
Good foundations laid of a peace with the Indians. The Assembly 
summoned to meet on the 20th instant. Are about to summon 
the respective counties to bring in their grievances, but as yet can 
find no appearance of any, save only the great salary paid to the 
members of the Assembly. The Governor much concerned about 
the distribution of the forfeited estates. Can see no cause to 
apprehend a long stay. [Col Papers, Vol. XXXIX., No. 22 ; also 
Col. Entry Bk, Vol. LXXXL, pp. 27-33.] 

33. The oath that Nathaniel Bacon administered to the people 
of Virginia. To oppose the King's forces until Bacon acquaints 
His Majesty with the state of this country and has an answer. 
That the actions of the Governor and Council are illegal and 
destructive to the country, but his own according to law. That his 
Commission is lawful and legally obtained. To divulge anything 
spoken against Bacon, and to keep his secrets. 1 p. [Col. Papers, 
Vol. XXXIX., No. 23.] 

Feb. 2. 34. Sir John Berry and Colonel Francis Moryson to Sir John 
Werden, Secretary to the Duke of York. Similar letter to pre- 
ceding, with addition similar to extract of their letter to Mr. Watkins, 
and postcript : That the Governor intends to try Bland, one of the 
rebels in custody, by a jury, &c., after the manner of the laws in 
England, those that have already been executed having been tried 
and sentenced by a Council of War. [Col. Entry Bk., Vol. LXXXI., 
pp. 34, 35.] 

Feb. 2. 35. Sir John Berry and Colonel Moryson to Mr, Watkius. To 
James Kiver. ] e t, the Secretaries of State know that, in regard Bacon is dead, 
the Governor conceived it altogether improper to publish the King's 
printed Proclamations, but spoke of another, wherein he intends to 
exempt about eight persons not yet taken, besides those already in 
custody, who are the chief of the rebels. Also that they had 
advised the Governor not to suspend publishing His Majesty's 
pardon. Extract. 1 p. [Col Papers, Vol. XXXIX., No. 24.] 

Feb. 2. 36. Sir John Berry to Sir John Werden. The Dartmouth 
arrived yesterday, having lost company of the fleet of merchant 
ships in bad weather. Has received His Majesty's Instructions by 
Captain Temple, but hopes to be removed hence before the sickly 
months of June, July, &c. Sir W. Berkely of opinion to keep the 
Deptford ketch till the arrival of His Majesty's forces and the 
meeting of the Assembly. Poslserijjl. The Governcr has upon 
second thoughts issued forth this day the King's printed Pro- 



AMERICA AND WEST INDIES. 



Feb. 3. 

Port Roval. 



1677. 

clamation, and has excepted 18 persons whose names or crimes 
the Commissioners do not yet know. Mem. " This P.S. was 
designed to the Duke's Secretary, Sir John Werdcn, but remanded." 
[Col Entry Bk, No. LXXXL, pp. 36-38.] 

Feb. 3. 37. Interlocutory heads of such matters in conference with Sir 

On board William Berkeley, His Majesty's Governor of Virginia, as his 

"Bristol" Majesty's Commissioners for the affairs of Virginia conceive 

(James Kiver). necessary for His Majesty's service. Comprised under ten separate 

heads relating to the providing convenient quarters and diet for 

His Majesty's soldiers, storehouses for ammunition and provisions, 

the proclamation about Bacon administering the oaths of allegiance, 

the calling a new assembly, the submission of the whole country of 

Virginia, peace with the Indians, his answer to certain heads of 

inquiry, and the great salary to the members of the Assembly. [Col. 

Entry Bk., Vol. LXXXL, pp. 21-26.] 

Feb. 3. 38. Warrant from Sir William Berkeley to the Sheriff of 

County. To call a county count and there to take a report of 
the inhabitants of the county, what abuses and aggreivances have 
been done to them at such time as he shall receive orders from His 
Majesty's Commissioners. [Col. Entry Bk., Vol. LXXXI., pp. 45, 
46.] 

39. Minutes of the Council of Jamaica. Present, John. Lord 
Vaughan, Governor, Sir Henry Morgan, Colonel Thomas Freeman, 
Colonel Thomas Ballard, Lieutenant-Colonel Robert Byndlosse, 
Colonel Charles Whitfield, Lieutenant-Colonel Samuel Long, Colonel 
Thomas Fuller, John White, Esq. The Governor desired to 
represent to His Majesty and the Council of Trade that the island 
\\ould take off 3,000 negroes per annum. Fees to be established 
in the Admiralty and elsewhere. The public account of the 
Treasury for six months to September 1676. 

Writs to be issued for the next assembly to meet on 9th April. 
Adjourned to 26th March. [Col. Entry Bk., Vol. XXXV., pp. 544- 
550.] 

40. Relation of Captain Roger Marsh and Captain William 
Jaques, Commanders of His Majesty's hired sloops the Primrose 
and Cold Harbour given to Governor Lord Vaughan. Account 
of their convoying the turtling and fishing belonging to this island 
and of being attacked by a Spanish man-of-war of their flight and 
chasing the Spaniard until they lost sight of the ship. 2 pp. [Col. 
Peters, Vol. XXXIX., No. 25.] 

Feb. 6. 41. Report [of the Lords of Trade and Plantations]. Having 

prepared rules for passes to all ships trading to and from England 
and settled the rules 1o Ireland, Jersey, Guernsey, and Tangier, 
advise that the rules be printed. Have forbore to frame any rules 
for New England, as they do not conform themselves to the laws, 
but take a liberty of trading where they think fit, so that until His 
Majesty comes to a better understanding touching what degrees of 
dfpendance that government will acknowltdge to His Majesty, or 



Feb. 14. 



Feb. 5. 

Jamaica. 



16 COLONIAL PAPERS. 

1677. 

that His Majesty's .officers may be there received and settled, to 
administer what the laws require in respect of trade suitable to the 
practices in other plantations. Their Lordships have not thought 
fit to offer any rules for passes in that place, but conceive it fit for 
His Majesty's service that some speedy care be taken to come to a 
settlement and resolution in this matter which is of so great 
importance to trade. 2 pp. [Col. Papers, Vol. XXXIX., No. 26 ; 
also Col. Entry Bks., Vol. LX., p. 179, and Vol. CIV., p. 291.] 

Feb. 6. 42. Journal of Lords of Trade and Plantations. Their Lordships 
hear Counsel in behalf of Robert Clowes referred by Order in 
Council of 31st January last (see ante No. 28 i). Petitioner's patent 
is read and they agree to report to His Majesty that copy of this 
complaint be sent to Lord Vaughan, with their opinion " that there 
appears no reason why 'petitioner's deputy should not be admitted 
or the man continue who is put in by his Lordship and not as 
deputy to the patent," but if his Lordship hath any objection to the 
party presented to signify the same. 

Feb. 12. That part of Clowes' petition considered to recover arrears due to 
him for fees and profits, and after debate agreed to offer to His 
Majesty that during the time petitioner's deputy exercised his offices 
he receive all fees, but from the death of said deputy their Lordships 
think nothing can be reasonably claimed from the Governor's 
nominee who filled the vacancy until the presentation of another by 
the patentee. [Col. Entry Bk., Vol. CIV., pp. 293, 294, and 300, 
301.] 

Feb. 6. 43. A declaration from His Majesty's Commissioners for the 
H.M.S. ^ affairs of Virginia to His Majesty's loving subjects of Virginia. 
Tame" itivcr Setting forth the causes of His Majesty sending Commissioners to 
Virginia and inviting and requiring every inhabitant of the Colony 
without exception freely and impartially to state his grievance, and 
more particularly what he conceives to have been the true grounds 
and original occasion of these late troubles and disorders, which 
they may do in duplicate, one for the member of assembly of the 
particular county aud for His Majesty's Commissioners. Signed by 
Sir John Berry and Colonel Francis Moryson and addressed to the 
High Sheriff of James City County. [Col. Entry Bk., Vol. LXXXL, 
pp. 39-44.] 

Feb. 6. 44. Warrant by His Majesty's Commissioners for Virginia to 
the Sheriffs of the several counties to dispatch away the (pre- 
ceding) Declaration herewith sent, viz. : James City, Charles City, 
Henrico, Isle of Wight, Nancymond, Lower Norfolk, Kiquotan 
alias Elizabeth City County, Warwick, York, New Kent, Glou- 
cester, Middlesex, Rappalnmock, Lancaster, Stafford, Westmorland, 
Accomack, Northampton, and Northumberland. [Col. Entry Bk., 
Vol. LXXXL, p. 45.] 

Feb. ? 45. Sir John Berry and Colonel Francis Moryson to Colonel 

John Custis. Have innde choice of him to communicate with all 
possible expedition the above Declaration by the hands of the 



AMERICA AND WEST INDIES. 



17 



1677. 



Feb.? 



Feb. 7. 

Whitehall. 



Sheriffs of Accomack and Northampton to the inhabitants of said 
counties as directed, and to say that their personal attendance, by 
reason of distance, will be dispensed with, and that, as to the great 
salary and too frequent meetings of the Assembly, the Commis- 
sioners have His Majesty's express directions for redress thereof. 
With postscript signed by Moryson to Honest Jack, assuring him 
of his real friendship and that His Majesty shall know of his just 
merits. [Got. Entry Bk, Vol. LXXXI.,pp. 47-49.] 

46. Sir John Berry and Colonel Francis Moryson to Captain 
Armsted, at Peancatanck in Gloster county. In case the grievances 
of said county extend not to matters requiring personal proof, th.3 
charge and trouble of attending His Majesty's Commissioners may 
be spared. Also similar letter to Captain John Tiplady in York 
county, who is desired to let a copy of this letter go from Sheriff 
to Sheriff. [Col. Entry Bk., Vol. LXXXI., pp. 50, 51.] 

47. Order of the King in Council. On the hearing of several 
things alleged by Mason and Gorges, Petitioners on the one hand 
and the Massachusetts agents on the other, concerning their claims 
to territories in New England, His Majesty referred the whole 
matter to the Lords of Trade arid Plantations to examine the 
bounds to which each of the parties pretend, and the patents in- 
sisted on by either side, to find out how far the rights of soil and 
government belong to any of them ; the Lords Chief Justices of 
the King's Bench and Common Pleas to give assistance. [Col. 
Papers, Vol. XXXIX., No. 27, and Col. Entry Bk., No. 60, 
p. 198.] 



Feb. T- 8 ^. 48, Governor Sir Jonathan Atkins to Lords of Trade and 

1 o 

Barbadoes. Plantations. The French King has lately sent a very considerable 
fleet under Mons. d'Estrees to these parts, who has taken all the 
French soldiers of the islands on board his ships and a great 
nnmlxT of volunteers, seventeen sail. They alarmed us, and 
"coasted us all night," but has reason to believe they are bound 
for Tobago, where the Dutch fleet is, which has endured both want 
and sickness. Has no reason to fear them. Wishes the Leeward 
IsUs were as secure. Mons. de Baas, the old French General, is 
dead, and Mons. d'Estrees commands in America. 'Tis thought 
they have some design upon Hispaniola or the Spanish fleet. 1 p. 
[Col. Papers, Vol. XXXIX., No. 28 ; also Col. Entry Bk., Vol. VI. t 
pp. 149, 150.] 

Feb. 8. 49. Sir John Berry and Colonel Francis Moryson to Governor 
Ou hoard the Sir William Berkeley. More soldiers come in and more hourly 
Newport expected. To hasten preparations for their landing, and for their 
Newes.' station and storehouses for the King's ammunition, provisions, &c. 
Necassity of publishing the King's proclamation of grace and 
pardon, that the people, who look very amazed at the Commis- 
sioners and the forces coming over, may have a right information, 
ef the true end and occasion of it. And as no material grievance 
7 83072. B 



COLONIAL PAPERS. 

1677. 

lias been yet so much as whispered against him, they advise him, 
like faithful and well-meaning friends to him and good subjects to 
His Majesty, not to give just occasion to merchants and traders to 
complain that lie obstructs trade by marking hogsheads with the 
broad arrow as forfeited to the King, especially when the King 
has granted full restitution of estate, &c., by express words in the 
proclamation and pardon. As for disposing of delinquents' estates 
in restitution to the loyal sufferers, they conceive that most fit to 
be referred to His Majesty. Pray his answer in writing, as also 
all future conference between them, because of his defect of hearing, 
which not only denies privacy, but looks angerly by loud and 
fierce speaking. [Col. Entry Bk,, Vol. LXXXL, pp. 55-60.] 

Feb. 8 ? 50. Colonel Francis Moryson to Governor Berkeley. Has just 
come to Colonel Swann's, and begs his excuse for not waiting on 
him. Is indisposed and about taking physic. [Col. Entry Bk., 
Vol. LXXXL, p. 61.] 

[Feb. 8.] 51, Account by John Rich, Commander of the Blackmore of 
Dartmouth, Admiral of the Harbour of St. John's, Newfoundland, 
of the number and names of ships, boats, and persons fishing in 
said harbour of Newfoundland. Signed, John Rich. Endorsed, 
"Rec. from Sir T. Lynch, 8 Feb. 1677." 1 p. [Col. Papers, 
Vol. XXXIX., No. 29.] 

Feb. 9. 52. Governor Berkeley to Colonel Francis Moryson and Sir John 
Berry. Is yet very ill. Has not marked one hogshead of tobacco, 
nor does he intend to do so until he has the King's permission, 
which he has written to Secretary Coventry to obtain for him. As 
to providing magazines for the soldiers' victuals and ammunition, 
hopes they do not think he can do impossibilities. The rebels left 
him but one ox and he has borrowed six to bring wood and victuals 
for 200 men now in his house. Has not left one grain of corn or 
a cow to feed himself, or, God knows, five pounds in the world. 
Glad that all their transactions be in writing, which he will send 
to the Secretaries of State, beginning with these two letters of the 
Commissioners and his own. The proclamation shall be sent out 
to-morrow, with the exceptions which he has authority from the 
King to make, and thinks them necessary for His Majesty's honour 
and the future peace of the country, "least too much lenity should 
incline the rabble to a new rebellion." If they send him word 
it is lawful to press oxen or horses for His Majesty's service he will 
immediately do it. [Col. Entry BL, Vol. LXXXL, pp. 62-64.] 

Feb. 9. 53. News letter. Lord Vaughan intends to send to St. Jago to 
Jamaica. expostulate with that Governor on the wrongs and injuries our 
fishermen have received by a Spanish vessel fitted at the Havanna. 
The Marquis de Maintenon likely to do nothing, although he lias 
all the French on Hispaniola and all their vessels ready for a design. 
The Governor of Tortugas lately made prize of two of our vessels 
and forbids trade. He expects Count d'Estrees will be there speedily 
With his fleet. Cannot hear of any Dutch men-of-war at Curasao, 



AMERICA AND WEST INDIES. 19 

1677. 

one of 40 guns cruising off Hispaniola. Two French vessels lately 
well beaten by a Spanish hulk in the Gulf of Mexico with the loss 
of 80 men, Captain Bennet killed in the engagement. Apprehends 
the lo*s of San Domingo, for unless the Dutch assist it will be 
impossible for the Spaniards to save it. 2| pp. [Col. Papers, 
Vol. XXXIX., No. 30.] 

Feb. 10. 54. Proclamation by Governor Sir William Berkeley of full free 

Green Spring an( j absolute pardon and indemnity of life and estate to all persons 

*?' within the colony of Virginia, since the beginning of the late horrid 

rebellion, wherein Nathaniel Bacon, junior, was the chief, except to 

those particularly named herein, provided such persons do, within 

20 days of the date hereof, take the oath of obedience made in the 

third year of King James' reign. [Col. Papers, Vol. XXXIX. , 

No. 31 ; also Col. Entry BL, Vol. LXXXI., pp. 276-286.] 

Feb. 10. 55. Sir John Berry and Colonel Moryson to Mr. Watkins. Have 
sent forth a declaration in His Majesty's name to the people of 
Virginia '(see ante No. 43), who have received it with abundant 
satisfaction and hearty expressions of gratitude. But though Bacon 
be dead, the}' could heartily have wished the King's proclamation 
in print, and the other instruments of His Majesty's pardon had 
been published, instead of the Governor's written one, contrary to 
their advice. Of above 15,000 there are not above 500 untainted 
persons in this rebellion, and hut few eminent sufferers that they 
can hear of. Complain of the Governor for seizing the estates of 
pretended delinquents without any legal power. As no one can be 
a delinquent before conviction so no one can be now convicted that 
was not taken before His Majesty's acts of grace. It was against 
their advice that any should be excepted out of the pardon, but 
those excepted by the King himself. Sir William Berkeley's 
contrariety to them, the patent and the proclamation seeming to 
clash in one clause as to his power he has excepted about eight 
persons without naming them, which they consider fatal as putting 
the whole people of the country in dread of their lives. f lhe 
Governor should no longer act as in furore Belli, but let the laws 
return into their own proper channel. The people who are sullen 
and obstinate must be treated as befits their condition ; the evil 
effects that will follow if they are not so treated. The Governor, 
on second thoughts, has this day issued the printed ] reclamations, 
but has excepted J8 persons, whose names or crimes the writers 
know not. Desire all their letters, &c., may be read before the 
King and Council. 3 pp. [Col Papers, Vol. XXXIX., No. 32.] 

[Feb. 10.] 56. "An insolent letter from the Massachusetts [Government] 
to His Majesty's Commissioners upon settlement of the Province of 
Maine, with warrant to the Constable of Portsmouth to disturb 
the same." Also the "Commissioners' answer to the Massachusetts 
letter" of 12th July 1665. Signed by Robert Carr, George Cart- 
wright, and Samuel Mavericke. Pisoataway river, 1665, July 16th, 
All these papers are calendared under their proper dated in a 

B 2 



COLONIAL PAPERS* 



1677. 

previous volume of this Calendar. Endorsed : " Rec. from 
Mr. Mason, 10 Feb. 1070-7." 6 pp. [Col. Papers, Vol. XXXIX., 
No. 33.] 

Feb. 11. 57. Colonel Moryson to Governor Berkeley. Cannot conceive 
Swanns Point, anything in their joint letter can give him the least distaste if 
rightly considered, since it is no more than a friendly advice, at his 
own choice to reject or embrace as his reason shall direct him. 
Beseeches him to lay aside all jealousies ; is very confident they 
have given him no cause for them, therefore cannot but wonder 
at his asking whether he may press horses or oxen for His 
Majesty's service as though he had power to act nothing became 
they are here. They came to vindicate not to lessen his authority. 
Assurances of their right meaning towards him, and the writer's 
own particular friendship to his person. [Col. Entry Bk., Vol. 
LXXX'I.,pp. 05-07.] 



Feb. 11. 

From my bed 

expecting my 

fever. 



Feb. 12. 



Feb. 12. 



58. Governor Berkeley to Colonel Francis Moryson, His Majesby's 
Commissioner for Virginia. Confesses lie was troubled to be 
admonished for that which was ever practised in all nations. He 
knows that Colonel Jarrett ''now Lord Jarrett) went to Lord 
Northumlu rland's house and took away all his horses for the 
King's service, yet that Lord, though manifestly against the King, 
never bore arms nor was ever convicted. When Berkeley waited 
on the King in the pursuit of Essex, the King gave orders to seize the 
houses, goods, and cattle of many that had declared against him, 
and Berkeley was by when Sir Richard Grenville took the house 
of Lord Roberts and at least 2,000^. sterling out of it, yet that Lord 
vras so far from being convicted that at the King's coming into 
England he was made Lord Privy Seal. Has seized no toll or 
goods but in the height of the war, but hears that those who are 
criminally obnoxious daily and hourly convey away their goods 
and cattle. Shall ever seek and be most proud of his friendship. 
His wife, who lay by him last night, sends her service, " God help 
us, nothing but vocal kindness passed between us." Mern. 
Colonel Jeffreys came up with Sir John Berry to Swann's Point 
this day. [Col. Entry BL, Vol. LXXXL, pp. 68-70,] 

59. Governor Sir William Berkeley to Herbert Jeffreys, Lieutenant- 
Governor of Virginia. His Majesty, having given theGovernor leave 
to throw himself at his feet to give an account of the condition of 
the Colony, shall do so with all the haste the miserable condition 
of his affaiis will permit, and will gladly obey the King's commands 
by leaving the Government during his absence in the. Lieutenant- 
Governor's hands. 1 p. [Col. Paper*, Vol. XXXIX., No. 34.] 

60. Mem. That the Commissioners went over to Green Spring- 
to Sir William Berkeley's house where they found the Council with 
him and Colonel Jeffrey's commission &c. being read, it was put 
by Sir William Berkeley to his Council whether he was immediately 
to resign the Government to Colonel Jeffreys, or no ? whose result 
(sic) was in the negative, and that he had this latitude by the word 



AMERICA AND WEST INDIES. 21 

1077. 

coriveniency to take his own convenient time of departure hence. 
The Council maturely to consider whether the word conveniency 
shall be meant in respect to His Majesty's service or Sir William 
Berkeley's own private convenience. [Col. Entry Bk., Vol. LXXXL, 
p. 83.] 

Feb. 12. 61. The Council of Virginia to Herbert Jeffreys, Lieutenant- 
Governor of Virginia. Have diligently read over "a commission 
requiring Sir William Berkeley's retuin from Virginia; and ap- 
pointing Herbert Jeffreys Lieutenant-Governor in his absence," and 
they conceive that upon Governor Berkeley's absence from Virginia, 
Jeffreys, as Lieutenant-Governor, is t'> execute all powers belonging 
to the office of Governor ; and they shall be most ready upon said 
Governor's departure from Virginia to obey, assi-t, and advise him 
according to His Majesty's command. Signed by Nathaniel Bacon, 
Thomas Ballard, Joseph Bridger, and James Bray. With Mem. 
That this was all the answer they would give in this affair, although 
pressed to expound the word conveniency, upon which Berkeley 
clung taking the latitude of that word to serve his own turn and 
private interest and advantage. [Col. Entry Bk. Vol.LXXXI., 
pp. 84, 85.] 

Feb. 13. 62. His Majesty's Commissioners for Virginia to Governor 
Berkeley. Complain of the seizure of peoples' goods by his own 
servants which they will not believe to be by his knowledge or 
connivance ; and desire he will stop and redress such unwarrantable 
practices. If the same be by his own privity and directions that 
he reflect with how ill a face a grievance of this nature will look 
at home. This must be so necessary a caution and advice to him 
as must needs deserve his serious consideration and reforming for 
the future, and he must not take amiss their concernment in the 
peoples' grievances which make them hereby acquaint him with 
their contariety to such proceedings wherein they conceive he has 
neither law, right, nor His Majesty's royal will to support him. 
The bearer, Captain Tongue, can clear the particulars of their 
information. [Col Entry Bk., Vol. LXXXL, pp. 78-80.] 

Feb. 13. 63. Governor Berkeley to His Majesty's Commissioners for 
Virginia. Thanks for their admonition in so weighty an affair, 
but truly it is beyond his knowledge. Those that have done it 
when complained of shall be punished. Almost all his neighbours 
had considerable shares of his goods and they have been willing to 
spare some corn and hogs in lieu of what they stole. Added to 
which he keeps at least thirty prisoners in his house and maintains 
a guard of fifty to secure them, and this he has done this month 
on the charity and benevolence of some charitable people. When 
the Assembly removes these prisoners and their guard he doubts 
not but he shall have credit enough to feed his own poor family. 
They will highly oblige him by sending this answer to the 
Secretaries of State. [Col. Entry Bk., Vol. LXXXL, pp.81, 82.] 

Feb. 13. 64. The Council of State of Virginia to His Majesty's Commis- 
sioners for Virginia. Return their opinions upon, with His Majesty 'g 



22 COLONIAL PAPERS. 

1C77, 

commission to Colonel Jeffreys, and would have waited upon them 
had nob the weather unfortunately prevented that visit. Their 
readiness to serve His Majesty's Commissioners in their joint or 
several qualifications in which the bearer Colonel Bridger concurs. 
Signed by Nathaniel Bacon, Thomas Ballard, and James Bray. 
[Col. Entry BL, Vol. LXXXI., pp. 86, 87.] 

Feb. 14. 65. Herbert Jeffreys to Governor Berkeley. Since he and the 
Council have passed their " conjunct opinion " that Jeffreys' com- 
mission does not take place until after Berkeley's departure from 
Virginia, desires speedily to know his express determination what 
provision is to be made ready for the necessary reception of His 
Majesty's forces under Jeffreys' command as to carts and store- 
houses for the ammunition, &c., belonging to the train of artillery. 
[Col. Entry Bk, Vol. LXXXI., pp. 88, 89.] 

Feb. 14. 66. The Commissioners for Virginia to Secretary Coventry. 
Refer to their last letters of the 3rd instant. The rest of the fleet 
lately arrived, their interview with Governor Berkeley and the 
Council at Green Spring. Their commission read ; Sir W. 
Berkeley left at large to interpret his own conveniency (the express 
word of the Commission). His Majesty's Commission of Oyer 
and Terminer to Berkeley (as then Governor) bearing date 16th 
November, and subsequent to the Secretary of State's letter, has 
caused the Council to decide that by virtue thereof he was 
continued in, not recalled from the Government, which neither the 
letters of State nor His Majesty's particular instructions, which are 
quite thwarted by it, can yet possibly evince the contrary to them. 
Send copies of the letters that have passed between the Governor 
and themselves, and complain of the great difficulties by which 
they have been surrounded in disposing of the soldiers, and that 
very much still remains undone therein, by reason of the whole 
country being so ruined and desolate a place, and not a house left 
in all James Town to shelter them. The climate proves so severely 
sharp and the ground is so covered with snow and ice that it is 
almost impossible for men to subsist on shore. [Col. Entry Bk., 
Vol. LXXXI., pp. 90-94.] 

Feb. 20. 67. Twenty Acts passed at a Grand Assembly, begun at Green 
Spring, the 20th day of February in the 20th (sic. should be 29th) 
year of His Majesty's reign, viz. : 

Of Indemnity and free pardon. Of Attainder. Inflicting pains, 
penalties, and fines upon great offenders. Declaring all Acts and 
Proceedings of Assembly held in June 1676 null and repealed. 
For the relief of loyal persons who have suffered by the Rebellion. 
Ascertaining the price of cockets. Limiting Masters' dealing with 
their Servants. Limiting times of receipt and payment of public 
tobaccos. Repealing Acts allowing free tythables to divers persons. 
Regulating Ordinaries and the Prices of Liquors. Disposing 
Amerciaments upon cast Actions. Concerning servants who were 
out in Rebellion. For the laying of Parish levys. Repealing the 
Act of encouragement for killing Wolves. Giving seven years to 



AMERICA AND WEST INDIES. 23 

1677. 

seat Frontier Lands. Giving liberty of appeal to the Eastern shore 
people. Regulating Burgesses' Expenses. For setting apart a day 
of Humiliation and Thanksgiving. Of Naturalization for Garret 
Johnson. For opening Courts of Judicature. 39 pp. [Col. Papers, 
Vol. XXXIX., No. 35 ; see also Col. Entry Bks., Vol. LXXXVIIL, 
pp. 91-96, and Vols. LXXXiX., XC., and XCL] 

Feb. 20. 68. Abstracts of the preceding twenty Acts passed at Green 
Spring in Virginia, 20th February 1077. 7 pp. Tivo copies. 
[Col. Paper*, Vol. XXXIX., Nos. 36, 37 ; also Col. Entry Bk., 
Vol. LXXX., pp. 156-104.] 

Feb. 20. 69. Minutes and Orders made by the Grand Assembly, begun at 
Green Spring 20th February in the 29th year of the reign of King 
Charles II. Certified copy by Robert Beverley, Clerk of Assembly. 
16 pp. [Col. Papers, Vol. XXXIX., No. 38.] 

Feb. 20. 70. Reports made to the House of Burgesses from several 
Committees read in the House and allowed and confirmed by the 
House. Certified Copy by Robert Beverley. 11 pp. [Col. Papers, 
Vol. XXXIX., No. 39.] 

Feb. 20. 71. Detailed account of the orders of public charge and levy in 
Ibs. of tobacco made at a Grand Assembly begun at Green 
Spring the 20th February 1676(7), being a list of the names 
of all those who paid. Also a list of the names of those 
who were ordered to be paid out of the public monies in 
England. These lists comprise about 250 names, the last being 
Lieutenant-Colonel John Washington and Major Isaac Allerton. 
Also account of the charges of the forts of Mattapony, James 
River, Appamatix, Rappahannock, Mahixon, Susquehannah, Surrey, 
and Potomac. Total levy, 1,140,939 Ibs. of tobacco, of which 
2,900?. 13s. lOd. was ordered to be drawn in England in payment 
for 301,648 Ibs. of tobacco. 8 pp. T^vo copies. [Col. Papers, 
Vol. XXXIX., Nos. 40, 41 ; also Col Entry Bk., Vol. LXXX., 
pp. 172-179.] 

Feb. 20. 72. Thomas Notley, Governor of Maryland, to Lord Baltimore. 
That Virginia is wholly reduced to its allegiance, and most of the 
grand rebels brought in and some of them executed. That the 
frigates have arrived in Virginia with a fleet of merchant men, 1 p. 
[Col. Papers, Vol. XXXIX., No. 42.] 

Feb. 20. 73. Colonel Francis Moryson to Governor Berkeley. At the desire 
of the bearer, Captain Swann, though his fellow Commissioners are 
both absent, acquaints him that divers people who are enjoined by 
the King's proclamation to take the oath and give security for 
their future good behaviour are rendered incapable by their own 
defection, of procuring any of the loyal party to stand bound for 
them. Desires he will advise with the Assembly upon this, being 
an important part of said proclamation. When a speaker is 
chosen desires to be acquainted therewith, that the Assembly may 



24 COLONIAL PAPERS. 

1677. 

receive from His Majesty's Commissioners an account of the occasion 
of the King's sending them over. 2 pp. [Col. Entry Blc., 
Vol.LXXXI. } pp. 71,72.] 

Feb. 20. 74. Journal of Assembly of Barbadoes. Being put to the vote 
th four following Acts were passed, viz. : For securing the 
possession of negroes and slaves ; to enable every tenant in tail to 
bar the issue in tail and all remainders and reversions ; appointing 
the sale in open market of effects attached for the excise, the parish 
dues, or servants' wages ; appointing what freeholders shall be 
capable to elect at the choosing of representatives. Order upon 
petition of Richard Lintott, merchant, to be allowed the duty paid 
on sixteen pipes of Madeira " turned eager " and altogether un- 
saleable. 

Feb. 21. On petition of some of the freeholders an Act empowering the 
freeholders of the parish of St. Peters, All Saints, to meet and choose 
a vestry of said parish was psssed as was also an Act appointing 
what freeholders shall be capable to elect at the choosing of 
representatives for this island. Ordered that the Treasurer bring 
for the inspection of this House at their next meeting all accounts 
of arrears of levies and excise. The four following Acts were passed, 
viz. : Appointing the sale in open market of effects attached for 
the excise parish dues or servants ; to enable every tenant in tail to 
bar the issue in tail and all remainders and reversions ; repeal of an 
Act entitled an Act for encouragement of the manufacture of this 
island ; and for continuance of an Act entitled a supplemental Act 
to a former Act for the better ordering and governing of negroes. 
Ordered that a Bill be drawn by John Witham against their next 
sitting for a levy upon lands and negroes, &c., to defray the 
necessary charge of our fortifications. Adjourned to 15th March. 
[Col. Entry Bk., Vol. XII I., pp. 241-244.] 

Feb. 21. ' 75. Order of the King in Council. Referring petition of the 
merchants and traders to Newfoundland in fishing voyages to Lords 
of Trade and Plantations to examine the complaint and report what 
they conceive is yet further to be done, His Majesty being willing to 
. gratify petitioners in anything that may cause the late Letters 
Patent touching the fishery of Newfoundland to be made effectual 
to them. [Col Papers, Vol. XXXIX., No. 43.] 

Feb. 21. 76. Governor Berkeley to Colonel Moryson. Has received his 
letter by Captain Swann and will do as he required him and consult 
with the Assembly, and not only with them but with the only 
Commissioners. Thanks God he is so perfectly recovered that he 
hopes to go for England with the first ship. [Col. Entry Bk., 
Vol. LXXXL, p. 73.] 

Feb. 22. 77. Warrant to the Attorney or Solicitor General. To prepare a 
Bill for the King's signature to pass the great seal containing a 
grant to Charles Herbert of the office of Clerk of the Supreme 
Court of St. Jago de la Vega, Jamaica, during life, after the death 



AMERICA AND WEST INDIES. 25 

1G77. 

or other termination of the interest of Robert Clowes, with power to 
sign writs, enter decrees, and keep records, and with all the fees and 
advantages belonging to said office. [Col. Entry Bk., Vol. CX 
p. 109.] 

Feb. 23. 78. Colonel Francis Moryson to Governor Berkeley. Must needs 
say he is a little troubled to find Berkeley use this expression "I 
shall do as you require me," which is a language the Colonel never 
uses to his equals much less to a person of the Governor's honourable 
character. Thinks it must needs be a mistake in the reading not 
in the writing of his own. Conceives he lias the liberty without 
his fellow Commissioners to write anything that imports hia 
Majesty's service by way of advice. The title of Right Honourable 
in no capacity belongs to Moryson, but he desires to do His Majesty 
service under his true title. When his fellow Commissioners return 
from placing the King's stores, they will write to the Assembly of 
the occasion of their coming. 2pp. [Col. Entry Bk., Vol. LXXXI., 
pp. 74, 75.] 

Feb. 23. 79. Benjamin Rozer to Lord Baltimore. That the rebellion in 
Virginia is totally suppressed and ,a new Assembly sitting. Sir 
William Berkeley hath hanged several persons since his return but 
hath executed none since the arrival of Sir John Berry. That 
Jeffreys, one of the Commissioners for Virginia, was not then arrived. 
1 p. [Col. Papers, Vol. XXXIX., No. 42.] 

Feb. 24. 80. Governor Berkeley to Colonel Francis Moryson. Thinks all 
His Majesty's Commissioners of so high a quality that he writes 
and styles Colonel Jeffreys and Sir John Berry Right Honourable, 
who have not yet taken it ill neither does Berkeley while he is the 
King's Governor. For the word require truly he knows riot whether 
it were desire or not. The Burgesses are not yet half met, the 
northern and those of Accomack being kept back by the weather 
to the Governor's great charge. " Colonel Moryson, my friend, 
I would fain have you think me yours." [Col. Entry Bk., 
Vol. LXXXI., pp. 76, 77.] 

Feb. 27. 81. The Commissioners for Virginia to Thomas Watkins. Upon 

Swanns Point, second thoughts, desire he will deliver Secretary Coventry's letter, 

iy ' whose Province Virginia is, in the first place arid advise with him 

how much of its contents may be communicated to the other 

ministers. The Assembly have begun to sit, and the Commissioners 

have prepared a letter to acquaint them with the cause and end of 

their coming which they will send with answer by next conveyance. 

[Col Entry Bk., Vol. LXXXI., pp. 95, 96.] 

Feb. 27. 82. The Commissioners for Virginia to the Governor, the Council, 
Swanns Point, and the Speaker of the House of Burgesses at Green Spring, to be 
m James River. commun i ca ted to the whole Assembly. Congratulations on their 

return to their late interrupted freedom and liberties from the 

force, fury, and constraint of the late wicked and ruinous rebellion. 

Prayers for divine assistance in their debates and consultations. 

That they search into the depths and yet hidden root and source of 



26 COLONIAL PAPERS. 

1677, 

the late rebellious distemper, and devise wholesome laws to prevent 
the like evil consequences for the future, and effectually to staunch 
and heal the fresh and bleeding wounds among them. Notify the 
King's Commission and Instructions, and the Commissioners' power 
and readiness to assist and advise with the Assembly, and then 
speedily to return home to His Majesty fraught with those burdens 
wherewith they have been oppressed and have groaned under, who 
out of his royal compassion has promised a fit and speed} 7 redress 
thereof. To join their utmost endeavours with their own to 
procure a peace with the neighbour Indians. Tribute to Governor 
Berkeley's equitable policy and prudence, first by his successful 
conquest, next by his wise and just peace formerly made with the 
Indians. Remarks on the base ingratitude or nameless prodigy of 
infatuation and meer madness in those who would make a breach 
with or strive to extirpate the amicable Indians. Exhortations to 
gain and preserve a good and just peace and correspondence with 
their neighbour Indians, least God " look on while, like men devoid 
of reason, religion, loyalty or humanity, we were murdering, 
burning, plundering and ruining one another without remorse or 
consideration." Recommend the reducing the great salary of the 
members of the Assembly to such moderate rates as may render 
them less grievous and burthensome to the country ; His Majesty 
has shown himself signally concerned therein ; their opinions as to 
an immediate redress under five heads, viz., the calling a new 
Assembly every two years ; no member to receive any salary unless 
personally sitting ; no accounts for liquors drunk by members at 
committees, chairmen of committees to draw up their own reports 
themselves ; (some clerks employed having 4,000 Ibs. of tobacco for 
scarce 20 lines) ; and the abatement of the excessive rates set by 
ordinary keepers about James City at Assembly times ; that Acts 
may be speedily considered to reform the same ; recommend the 
" transmuting that odius name of Informer into that more genuine 
one of calling such men Conservators of the Law." Other grievances 
shall be transmitted home for His Majesty's redress ; those between 
party and party which relate only to private interests to be left to 
the Assembly. Hearty wishes that the Assembly may unite in their 
endeavours to resettle this distressed country, so that a timely stop 
be put to His Majesty's resolve to send a far greater force over to 
effect it and that the soldiers now here may be recalled home. 
19 pp. [Col Entry Bk., Vol. LXXXL, pp. 97-1 1 5.] 

Feb. ? 83. The Commissioners for Virginia to the Council and Assembly 

of Virginia. As touching His Majesty's desire for peace with the 
Indians; the sole power of peace and war are only inherent to His 
Majesty's royal prerogative, and it is therefore to be understood 
that that part of the letter is not before the Council and Assembly 
to judge or determine whether it be fit or no, but to offer their best 
judgments as to what means shall safely and honourably conduce 
thereto, " and no further are you to concern yourselves in this 
matter." As to the salaries of the Assembly members, His Majesty's 
instructions are peremptory in that particular ; they must be 



AMERICA AND WEST INDIES. 



27 



1677. 

reduced so as to be no grievance to the country. These two articles 
to be recommended particularly to the Governor as appertaining 
solely to his province. 4> pp. [Col. Entry Bk., Vol. LXXXI., 
pp. 116-119.] 

March 6. 84. The Commissioners for Virginia to Governor Berkeley. 
Swanus Point. Find not only by former complaints, but by petitions this day before 
them, that several illegal seizures have been made without any due 
conviction or attainder. Have more than once protested against 
such unwarrantable proceedings, and especially for that there is no 
pretence or colour for such kind of practices, but rather of restitu- 
tion. Reasons. Hope no more clamours of this kind may surround 
them here, nor pursue Berkeley home to England to obstruct his 
and their proceedings for the good of this country, and give new 
occasions of more disturbances among the people. 3pp. [Col. Entry 
Bk., Vol. LXXXI., pp. 120-122.] 

March 7. 85. Governor Berkeley to the Commissioners for Virginia. Has 
received their letter with some wonder, for they tell him that no 
man's estate is to be seized for treason without conviction, which 
he knows is contrary to all the practice of kingdoms in Christendom. 
For this he appeals to the King and his Council and his learned 
Judges of the law. Besides this he was by when the King seized 
the estates of many that were in rebellion against him without 
conviction. Desires them to take a list of what he has seized. 
The case of Alexander Walker different, he voluntarily offered it. 
Has seized nothing since the King's Commissioners came in, and 
what is seized amounts noS to the thirtieth part of his lost estate. 
Shall give the King and his Council all their admonitory letters to 
him. [Col. Entry Bk., Vol. LXXXI., pp. 123, 124.] 

March, 86. Petition of Colonel William Claiborne, a poor old servant of 

your Majesty's father and grandfather, to King Charles II. Was 
one of the Council of State to His Majesty's grandfather and 
Secretary of State to his father, and by their special commands 
under the broad seal of England to the Governor of Virginia was 
sent to discover and gain a great trade in beavers and furs which 
the Dutch then usurped to themselves. At his own charge and in 
his own person, petitioner discovered nnd planted the Isle of Kent 
and the Bay of Chesapeak, which then well succeeding, the old 
Lord Baltimore taking notice thereof, procured a patent for the 
same, pretending it was unplanted, and since, by force of arms, 
though forbidden by the then King, has expelled petitioner and 
taken away his estate to the value of above 10,000. sterling, in 
goods, cattle, servants, and many plantations thereon, which the 
Grand Assembly of Virginia has lately presented as a great 
grievance to the country, and has been near the utter undoing of 
petitioner and his family, now in his old age, his younger years 
being most spent in his discoveries and wars against the Indians 
as Chief Commander. Prays for speedy justice in so lamentable a 
case. Signed by W. Claiborne, senior. Annexed, 

86. I. Memorandum by the King's Commissioners for Virginia, 



28 COLONIAL PAPERS. 

1677. 

That the petition of William Claiborne, senior, being 
presented to them for a grievance to be laid before His 
Majest3 r 's royal consideration, they have given in the 
same separately, as an affair which concerns a whole 
peculiar province, and which has heretofore been before 
His Majesty's royal father and Privy Council without 
any decision being made therein. It is now again 
humbly tendered to His Majesty to determine and to 
remain under consideration till such a time as the 
persons concerned, or some sent over by the petitioners, 
shall arrive to negotiate the same in England " which we 
are riot empowered or concerned to do." 

86. II. Representation of the Colony and Assembly of Virginia 
to His Majesty's Commissioners, for the settlement of 
Virginia in those troublesome times of rebellion and 
general disturbances. In all time since the dissolution of 
the Virginia Patent, they have received assurances under 
the broad seal of England and many declarations from the 
King, that their estates should be " conserved " and in no 
sort prejudiced, during which time the petitioner, Colonel 
Claiborne, hath been resident in Virginia, and enjoyed, as 
a Councillor and Secretary of State there, the benefits 
thereof ; and by virtue of Commissions under His 
Majesty's Government and seal of Virginia, and by express 
directions from the Commissions under the broad seal 
of England, did discover and plant the Isle of Kent. 
From this time it continued under the Government of 
Virginia, and men arrested at the Isle of Kent for felonies 
were returned to appear at James City ; but Lord Balti- 
more's officers came and expelled us by force of arms 
several times, and hanged our men without trial or just 
cause given ; they also took away our goods, servdnts, and 
cattle, and displanted us at Palmer's Island, out of their 
limits in Susquehannah River. All this they did in 
spite of His Majesty's commands to the contrary not to 
molest us. Signed by W. Claiborne, 1677, March 13. 
86. III. Commission signed by Sir George Yeardley, Governor 
and Captain-General of Virginia, to " my well-bsloved 
friend William Claiborne." There remaining divers 
places and parts of this kingdom of Virginia altogether 
unknown unto us, and not yet discovered by any, by 
the search and true discovery whereof the bounds and 
limits of this plantation may be far augmented, and such 
other commodities found out as may be for the benefit 
Aod good of the people inhabiting in the same, full 
power and authority is given to said Claiborne, with a 
sufficient company of men in a shallop, to sail into any 
the rivers, creeks, ports, and havens within the Bay of 
Chesapeake, or into any other part or parts of this Colony, 
there to trade and truck with the Indians for furs, skins, 
corn, or any other commodity, with power to govern and 



AMERICA AND WEST INDIES. 29 

1677. 

punish his company according to the laws and customs 
of the sea, life only excepted. James City, 1627, 
April 27. 

86. IV. Commission signed by John Pott, Governor and Captain- 
General of Virginia, to William Claiborne. To make 
his voyage with a sufficient company of men, and sail 
into any the rivers, creeks, ports, and havens within the 
Bay of Chesapeake, or any other part of this kingdom of 
Virginia, within the degrees of 34 and 41, there to trade 
and truck with the Indians for furs, skins, corn, or other 
commodities, with power to govern and punish his 
said company, life only excepted. James City, 1629, 
March 13. 

80. V. Commission signed by John Pott, Governor and Captain- 
General of Virginia, to " my well-beloved friend William 
Claiborne, Esquire." Whereas by the cruelty and treachery 
of the Indians we are many ways justly provoked and 
incited to undertake a continued and settled course of 
war against them, to their utter extirpation and ruin, 
we, being better enabled thereunto by those numbers of 
persons which ha.ve lately arrived and augmented this 
Colony, according to an Act of Court to that purpose 
made the 9th July instant, appoint said Claiborne Captain 
and Commander of all forces to be levied and set forth 
for that employment, by all ways and means he can to 
destroy and pursue the Indians of these territories 
adjoining, who have been principals or abettors in the 
murder of our men, by cutting down their corn, surprising 
them in their habitations, intercepting them in their 
hunting, burning their towns, destroying their canoes 
and wares, and depriving them of whatsoever may yield 
them succour or relief, with power to govern and punish 
all offending persons. James City, 1629, July 22, in 
fifth year of the reign of King Charles I, and in the 
three and twentieth year of this plantation, 

86. VI. Tlie King's Commission to William Claiborne, one of the 
Council and Secretary of State for our Colony of 
Virginia. Licensing and authorizing him and his 
associates, who have condescended with Sir William 
Alexander, Secretary for Scotland, and other His Majesty's 
loving subjects, who have charge over the Colonies of 
New England and New Scotland, freely to trade and 
traffic for corn, furs, and other commodities in all seas, 
coasts, rivers, creeks, harbours, lands, and territories in, 
near, or about those parts of America for which there is 
not already a patent granted to others for trade ; com- 
manding Governor Sir John Harvey and the Council of 
Virginia to permit them to do so, as they will answer the 
contrary at. their perils. Given at our manor of East 
Greenwich, 1631, May 16. 

86. VII. Captain William Clai home's case stated against " Lord 



30 COLONIAL TAPERS. 

1677. 

Baltimore." That Claiborne entered upon the Isle of 
Kent, implanted by any man, but possessed by natives, 
with about 100 men, and there contracted with the 
natives and bought their right, to hold of the Crown 
of England to him and his company and their heirs. 
About three years after His Majesty granted a patent to 
Lord Baltimore from 38 to 40 degrees of land unplanted. 
That Claiborne having planted and stocked the island, 
Lord Baltimore claimed the island to be within his 
degrees, and so entered by force, and keeps the same and 
all the stock and cattle there, to the valne of 7,000/. 
1631. 

86. VIII. Commissioned signed by Sir John Harvey, Governor 
and Captain-General of Virginia, to " my trusty and well- 
beloved friend Captain William Claiborne, Esquire, o 1 e 
of the Council of State for this Colony." Authorizing 
him, with the consent of the Council of State, to sail and 
traffic into the adjoining plantations of the Dutch, seated 
upon this territory of America, or into any other English 
Plantations, or to such other rivers, harbours, and places 
as he shall find occasions (sic), in such barks and 
pinnaces, and with such company of men as shall 
willingly accompany him ; and giving him full power to 
direct and govern said persons in his said voyage. 
" Given at James City, the 8th day of March, Anno 
Domini, after the computation of the Church of England, 
1631 (-2), and in the five and twentieth year of this 
Southern Colony of Virginia." 

86. IX. Order of Governor Sir John Harvey and the Council of 
Virginia. On request of Captain William Claiborne how 
he should demean himself in respect of Lord Baltimore's 
patent and his Deputies now seated in the Bay, answered 
that the Council know no reason why they should render 
up the right of the Isle of Kent more than any other 
place formely given to this Colony by His Majesty's 
patent, which, the right of his Lordship's grant being yet 
undetermined in England, they are bound in duty to 
maintain. James City, 1634, March 14. 

86. X. Examination of the " King of Patuxon " by the inter- 
preter, in the presence of Captains Samuel Matthews, 
John Utye and William Pierce, and Thomas Hinton ; 
likewise in the hearing of George Calvert, Fred 
Winter, and divers others, Captain Claiborne also being 
there ; and in the presence of certain Indians whom said 
King made choice of ; in reference to his being a lover of 
the English nation, and passages that passed between 
Captain Fleete and the Governor of Maryland. Why 
the Indians conceived the inhabitants of Maryland to be 
" Waspaines ?" whether Captain Claiborne hath practised 
with said Indians to fall out with or destroy the in- 
habitants of Maryland. The King answered, No ; and, 



AMERICA AND WEST INDIES. 31 

1677 

that if he had a great basketfull or Roanoke given to 
him he would not consent to the death of any Englishman ; 
that Captain Fleete bade him tell Captain Claiborne that 
the great men of Pasbehayes would kill him, and that 
it would be in vain for him to run away anywhere, for 
the great men would fetch him from the Isle of Kent or 
anywhere else ; and that Captain Fleete told said King 
not to go aboard Captain Claiborne's boat, as he would 
take the King prisoner and tie his arms. 1634, 
June 20. 

86. xi. The Privy Council to the Governor and Council of 
Virginia. His Majesty, for the better encouragement of 
the planters, does not intend that the interests which 
men had settled when you were a corporation should be 
impeached, that for the present they may enjoy their 
estates and trades with the same freedoms and privileges 
as they did before the recalling of their patents. To which 
purpose the Governor and Council are authorised to 
dispose of lands to planters, being freemen, as they had 
power to do before 1625. Captain William Button for 
his services to the plantation to be allowed land on either 
side of the river Appomatuck most convenient to himself 
and his servants. Whitehall. 1634, July 22. 

86. xn. The eighth Article of Cecil Lord Baltimore's instructions 
to his brother, Leonard Calvert, and others, his Lordship's 
Commissioners for the Government of Maryland That 
if possibly they can, without notable prejudice to their 
own colony, and if Captain William Claiborne continue 
his unlawful courses, and have not submitted to his 
Lordship's patent, they seize upon his person, and detain 
him close prisoner at St. Maries, upon that accusation 
against him in Captain Fleete's examination ; and that 
they likewise take possession, if they can, of his plantation 
in the Isle of Kent, till they have further directions what 
to do. 1634, Sept. 4. 

86. XIII. Minutes of a County Court held at St. Marits. A jury 
of 24 men, sworn to make true presentment of bills in 
behalf of the Lord Proprietary (of Maryland). William 
Claiborne, of the Isle of Kent, gentleman, indited for that 
he with other persons did, on 23rd April 1635, as pirates 
and robbers, attack Thomas Cornvvalleys and his company, 
in two pinnaces, in the river of Potomac, on the eastern 
shore, and shoot William Ashmore of St. Maries, of which 
wound he instantly died. A true bill returned. 1638, 
Feb. 12. 

86. XIV. An Act for the attainder <>!' William Claihorno, gentleman. 
Whereas William Claiborne is notoriously known to have 
committed sundry contempts, insolencies, and seditious 
acts against the dignity, government, and domination of 
the Lord Proprietary of this province ; and to have 
conspired and contrived sundry mischievous machinations 



32 COLONIAL PAPERS. 

1677. 

and practices with the Indians of these parts, to the 
subversion and destruction of this colony and the people 
thereof; and since the making of an Act of Assembly on 
the 2Gth February 1G34-5, enacting that offenders in all 
murders and felonies should suffer pains, losses, and 
forfeitures as in England, said William Claiborne, on 
23rd April 1635, hath continued said insolencies, mutinies, 
and contempts, against said Lord Proprietary and the 
government of this place ; it is enacted that said William 
Claiborne be attainted of the crimes aforesaid, and forfeit 
to the Lord Proprietary all his lands and tenements which 
he was seized of on said 23rd April 1635. St. Maries, 

1638, March 24. 

86. XV. Warrant of Leonard Calvert [Governor of Maryland] to 
the Sheriff of the Isle of Kent. To attach the estate 
belonging to Captain William Claiborne in the Isle of 
Kent, until he puts in sufficient security to answer the 
suit of Captain George Eveline for William Cloberry and 
Company, of London, merchants, in an action for 1,500?. 
sterling, to be held at the Court at St. Maries, in June 

1639. 1638, Feb. 26. Copy attested 25th July 1654. 
Warrant of Cecil Lord Baltimore to Robert Vaughan, 

Commander of Palmer's Island. To seize, distrain, and 
attach to his Lordship's use, all servants, goods, and 
chattels whatsoever within that island, late belonging to 
William Claiborne, of the Isle of Kent, and forfeited to 
his Lordship by the lawful attainder of said Claiborne 
of piracy and felony. St. Maries, 1638, March 19. Copy 
attested 25th July 1654. 

Warrant of Cecil Lord Baltimore to the Sheriff of 
the Isle of Kent. To seize to his Lordship's use all the 
goods and chattels of William Claiborne, gentleman, within 
his island, and keep them in safe custody until further 
order from his Lordship. Si'. Maries, 1638, March 27. 

Inventory signed by Robert Vaughan, Sheriff of 
Palmers Island, of goods and chattels belonging to 
William Claiborne within said island, seized by virtue 
of a warrant from Lord Baltimore. 1638, June 20. 
Copy attested 25th July 1654. 

Warrant of Cecil Lord Baltimore to the Sheriff of the 
Isle of Kent. That William Claiborne and his partners, 
William Cloberry and David Morehead, have jointly 
usurped his Lordship's Isle of Kent, granted to his 
Lordship by His Majesty's charter under the Great Seal 
of England, and have defended said island against his 
Lordship's said just right and title, and driven a trade 
with the Indians of Maryland, contrary to his Lordship's 
right and privilege, and have otherwise trespassed and 
committed wastes on said island to his Lordship's damage 
of 1,000?. sterling ; and commanding and authorising 
said Sheriff to attach all goods and chattels whatsoever 



AMERICA AND WEST INDIES. 33 

1677, 

of said Claiborne and his partners within the said Isle of 
Kent, and at same time to summon publicly said Claiborne 
and his partners to appear at some County Court held at 
St. Maries before 1st February 1640. there to make 
answer to said misdemeanours, contempts, and seditious 
practices. Attested copy dated 25th July 1654. St. Maries, 
1639, Jan. 2. 

Warrant of Giles Brent to the Sheriff of Kent. To seize 
all debts, goods, and chattels appertaining to William 
Claiborne, late of Kent, who stands convicted of open 
hostility within this province (of Maryland) against the 
Lord Proprietary and his government, and deliver the 
same into the hands of his Lordship's Receiver- General. 
1644, June 3. Copy attested 25th July 1654. 

86. xvi. The King to Cecil Lord Baltimore. His Majesty has 
declared his pleasure that William Cloberry, David More- 
head, and other planters in the island (of Kent), near 
Virginia, should in no sort be interrupted but rather 
encouraged in so good a work. Understands that contrary 
to His Majesty's pleasure, Lord Baltimore's agents have 
slain three persons, possessed themselves of the island by 
force, and seized the planters and their estates. Strictly 
commands him to allow the planters and their agents to 
have free enjoyment of their possessions without further 
trouble until the case be decided. Greenwich, 1638, 
July 14. 

86. XVII. Mem. That David Morehead delivered the above 
letter to Lord Baltimore in presence of George Fletcher, 
merchant, Thomas Bullen, Captain William Claiborne, 
and William Bennett, and required an answer from his 
Lordship, in respect the ships were at Gravesend which 
are bound for Virginia and ready to depart, that he might 
have his Lordship's letters directed to his agents in thoso 
parts, according to the tenor and effect of His Majesty's 
said letter ; he also delivered his Lordship a copy of His 
Majesty's former letter (set 8 Oct. 1634 in the First 
Volume of this Calendar). His Lordship's answer was, 
that he would wait on His Majesty and give His Majesty 
satisfaction, and would give no other answer until he had 
spoken with His Majesty. 

86. XVlii. Examinations taken ex parte William Claiborne in a 
suit Claiborne against Cloberry and others, in reference 
to the goods, servants, and supplies sent to the Isle of 
Kent. This is a closely written document of 71 pages, 
and contains the examinations of the following person?, 
all attested, and some of them with the signatures of 
Sir Francis Wiat, Governor of Virginia, Sir John Harvey, 
and Captain Samuel Mathews, viz. : 

Thomas Sturman, Thomas Yovall, Thomas Hailes, 
William Cox, Ilichard Totnson, Edrriond Deering, and 
John Boteler, all of the Isle of Kent ; Philip Taylor of 

7 88072, Q 



COLONIAL PAPERS* 

1677. 

Accomack, Virginia ; Captain Richard Pope of Charles 
River, Virginia ; John Harvey of James City, Virginia ; 
Thomas Woodhouse of Smith's Fort, Virginia ; Thomas 
Adam of Kent, Maryland ; John Fullwood at Sandes of 
same ; George Scovell, William Jones, Lucy Purifie, 
Anthony Linney, Richard Browne, and William Lever- 
more alias Cox, all of Kecoughtan, in Virginia. 1640, 
May. 

86. XIX. " Declaration showing the illegality and unlawful pro- 
ceedings of the Patent of Maryland'." Begins with the 
year 1 607, when 50 earls and barons, 350 knights, and 
600 gentlemen and merchants of pfimest rank, became 
incorporated, and were originally named in the Letters 
Patents by the name of the Company of Virginia. 
Chiefly by the cross agitations of two powerful factions 
in the Company, the work went heavily on for the first 
12 years. It was almost shattered to pieces by the fatal 
blow of a massacre in 1621. The King then strongly 
advised against the form of the Company's government, 
^ as being a nurse of parliamentary spirits, and obnoxious 
to monarchical government. An order made at the 
Council table on 8th October 1623 for altering the form, 
of government, but not being submitted to a quo 
ivarranto, was issued for calling in the patent, advantage 
being taken of the Company mispleading their patent, 
which was condemned in Trinity Term following [1624], 
but for many years after no judgment entered, and to 
this time no't vacated upon the record in the Office of the 
Rolls, whereby some that sought the overthrow of Lord 
Baltimore's patent for Maryland in the Parliament of 
1640 took out the Virginia patent again under the broad 
seal of England. Therefore thought by prime lawyers 
now to be unquestionably in force, and that of Maryland 
inconsistent and void. Then issued several proclamations 
and orders from the Council table : That all men with 
the adventurers and planters should be assured that tiheir 
rights and interests should be preserved. The interest of 
the colony deserted by her former friends, and the colony 
left weltering in her blood in the heat of a war with the 
Indians, though at last restored to peace and plent}*. 
About 1633, Lord Baltimore obtained a patent for that 
part now called Maryland, pretending, though not truly, 
that the greatest part of the country was unplantecl, 
which he hath since held with a few people, debarring 
those to whom it justly belonged from planting it, 
destroying and ruinating those formerly seated under 
Virginia at the Isle of Kent, and interdicting trade with 
the Indians for furs discovered and begun by them. 
Describes the evils of the Maryland government to protect 
chiefly the Roman Catholic religion and suppress the poor 
Protestants amongst them ; the whole frame of govern- 



AMERICA AND WEST INDIES. 35 

1677 

ment carried on in the Lord Proprietor's name, as if he 
were absolute prince and king. It were impious to think 
that the then King or King James, being rightly informed, 
would ever have granted such a patent as this of Mary- 
land is, being near two-thirds part of the better territory 
of Virginia, and as no way consistent with equity and 
honour and public faith. "Recites most of the aforesaid 
public assurances ; the Order of Council of 8th October 
1623 to assure adventurers and planters against any 
mistaken fear that their estates should receive prejudice ; 
said Order confirmed by a further order of 20th October 
1623, which Orders went sent over and published in 
Virginia for encouragement of the planters ; King James' 
Commission of 15th July 1624, that his intention was to 
alter the form of government, but with preservation of 
the interests of every adventurer and planter. His 
Majesty's like declaration in his commission to Sir Francis 
Wyatt, and the like inserted in all King Charles' com- 
missions to his governors of Virginia up to the present 
time ; neither were there any instructions to the contrary 
given by the Company for the government of the colony. 
King Charles' proclamation of 13th May 1625, and the 
letter from the Privy Council of 24th October following ; 
also the King's letter of 12th September 1628, and the 
letter from the Privy Council of 22nd July 1684, in 
answer to the complaint from Virginia to the interruption 
of their trade by Lord Baltimore, were all to the same 
effect. By all which it appears that howsoever the 
government could not be reduced but by revocation of 
the patent itself ; yet in respect of said letters and orders 
the- ad venturers and planters of Virginia, as to their rights 
and privileges, according to equity, remain in the same 
condition as if no such judgment had been given. Argu- 
ments in re fere i ice to whether Lord Baltimore's patent 
takes in part that the Virginians had then planted ; one 
of the chief of the five arguments being that we (the 
Virginians) clearly claim right by possession, having 
planted the Isle of Kent almost three years before ever 
the name of Maryland was heard of, and burgesses from 
that place Fat in the assemblies of Virginia. "How 
" unjust an intrusion will the Lord of Baltimore's patent 
" appear, which overthrows the interest of so many 
" noblemen, gentlemen, and poor planters." Tltis docu- 
ment of six closely written pages is endorsed "1649." 
Several of these enclosures are calendared in the first 
volume of this Calendar where other documents on this 
subject will be found. [Col. Papers, Vol. XXXI X., 
JVos. 44, 44 i.-xix.] 

March 14. 87. Journal of the Lords of Trade and Plantations. Ordered 
that a copy of the Act or Declaration whereby the Council of 

c 2 



30 COLONIAL PAPERS. 

1677. 

Plymouth surrendered their charter to His Majesty be delivered to 
the agents of the Bostoners. [Col. Entry Bk., Vol. CIV., p. 304.] 

[March 14.] 88. Petition of John Downing, gentleman, inhabitant of New- 
foundland, to the King. Recites his previous petitions, the 
consideration of which His Majesty referred to the Lords of Trade 
and Plantations to take order therein, but they have not had the 
opportunity to do so, and petitioner is forced to return to New- 
foundland to preserve his wife and family from a repetition of 
former violences which petitioner has reason to believe will be 
committed against the inhabitants by the patentees with greater 
rigour. Prays that the execution of His Majesty's patent about 
the Newfoundland trade may be suspended for this summer. 
"Rec d 14 March and read in Council 23 March 1677." [Col. 
Papers, Vol. XXXIX., No. 45.] 

March 15. 89. Journal of the Council of Barbadoes. Present : Governor Sir 
Jonathan Atkins, Henry Drax,HenryHawley, Henry YValrond, Samuel 
Farmer, Samuel Newton, Thomas Wardall, John Peers, and Symon 
Lambert. Four Acts of Assembly passed, viz,, Repeal of an Act for 
the encouragement of the manufactures of this island ; an Act 
appointing the sale in open market of effects attached for excise, 
parish dues, and servants' wages ; for continuance of an Act 
entitled an Act for the better ordering and governing of Negroes ; 
and, an Act empowering the freeholders of the parish of St. Peter's, 
All Saints, to meet and choose a vestry of the freeholders of said 
parish. [Col. Entry Bk., Vol. XI., pp. 293, 294.] 

March 15-17. 90. Journal of Assembly of Barbadoes. Two Acts passed 21st 
February last read a third time and passed. Ordered, that those 
members of the House who do not appear to-morrow at the hour 
of adjournment be h'ned, and the Speaker, if he fail, double. 

March 16. Orders concerning the " filling up " of all .strong liquors on shove 
out of ships in presence of a searcher ; also for raising a levy on 
land, negroes, town traders, and jews, for repairing the fortifications, 
supporting the Government, and other public occasions ; Act passed 
accordingly, also three other Acts. 

March 17. Several Acts passed, including an Act empowering Benjamin 
Middleton to sell his estate for the payment of his debts. [Col. 
Entry BL, Vol. XIII., pp. 244-249.] 

March 16. 91. Lord Anglesey to Secretary Sir Joseph Williamson. Indis- 
DruryLane. position prevented his going to the Council. Desires him to more 
for directions to be sent to Newfoundland by the first shipping for 
all things to continue in that Plantation as they are till His Majesty, 
upon full consideration, shall settle affairs there as he shall judge 
best. Several ships from the West have gone already, and others go 
daily who may disturb affairs there. If orders be not sent, to 
prevent mischief we shall run great hazard to lose that country with 
the trade and give it up entirely to the French, which he hopes 
"Williamson will prevent by speeding away with orders, the ageut 



AMERICA AND WEST INDIES. 37 

1677. 

attending here from that country. 1 p. [Col. Papers, Vol. XXXIX., 
No. 46.] 

March 16. 92. Governor Atkins to Lords of Trade and Plantations. Received 
Earbadoes. their letters of 13th November and made all suitable provision, but 
advice has since been brought that Sir John Berry and the fleet 
had safely arrived at Virginia. Has acquainted Secretary Coventry 
that the French fleet has totally destroyed the Dutch fleet at Tobago, 
though with great loss to the French who have retaken Cayenne 
and sent all Dutch prisoners to Martinique, and they may have 
Surinam for the asking. The Dutch at Tobago in a miserable 
condition, everything burnt, and must have starved if not relieved 
from this island. 1 p. [Col. Papers, Vol. XXXIX., No. 47, 'and 
Col. Entry Bk., Vol. VL, pp. 159, 160.] 

March 20. 93. Journal of Assembly of Barbadoes. Ordered that Colonel 
William Bate, Treasurer, pay to Thomas Larkham, gunner of Charles 
Fort, and his two assistants, 11,262 Ibs. of muscavado sugar for 
salary to 14th instant; also to said Thomas Larkham, 1,772 Ibs. as 
gunner of James Fort from 6 September to 14 January last ; also 
the salaries of William Bragg, gunner of Willoughby Fort, of John 
Hare, gunner of the New Battery, of John Higinbotham, Clerk of 
the Assembly, of Joseph Withers, Marshal ; and to Paul Gwynn, 
51. 15s. sterling for accommodation of the Assembly's officers at 
their several sittings. Several Acts passed, including an Act to 
suppress seditious conventicles, the House having considered the 
dangerous consequence of the Quaker's meetings. Addi'ess presented 
to the Governor concerning the sect of people called Quakers who, 
when elected to the office of Constable, refused to take the oath and 
were fined at Quarter Sessions, yet gained from the Governor an 
order of pardon of such fine which the Assembly represent as a 
grievance to the country, as also that some of the same sect have 
gained license from the Governor to keep schools in the island 
which the Assembly pray may be called in and none of the like kind 
granted in future. Finding their year expired the House ordered 
the records to be left in the hands of the Speaker until there be a 
new election of Representatives. [Col. Entry Bk., Vol. XIII., 
pp. 249-251.] 

March 21. 94. The Commissioners for Virginia to Governor Berkeley. 
Point. Have complied with the Commission of Oyer and Terminer 
" that the country might well perceive we came not in the least to 
countenance but to try and condemn criminals " ; but cannot 
comply with his letter desiring their further sitting on the 
same occasion without neglect of immediate service of His 
Majesty. Beg him to be mindful of emergent matters that have 
long been before him and are yet unanswered, and that he will 
make it his present care to make out a particular account in writing 
of all seizures, compositions, fines, and forfeitures which by the late 
rebellion devolve to the Crown without any diminution, concealment, 
or embezzlement of all criminals impeached, convicted, sentenced, and 
executed as well before as since our arrival in Virginia, whereof a 



88 COLONIAL PAPERS. 

1677. 

strict account will be exacted at his return to England 3 pp. [Col. 
Entry Bk, Vol. LXXXL, pp. 125-127.] 

March ? 95. Memorandum by Samuel Wiseman [Clerk to the Com- 
missioners for Virginia]. That no answer was returned to the 
preceding letter, neither did Sir W. Berkeley vouchsafe any more 
letters to the Commissioners till the occasion of the scandalous 
postillion. The Commissioners seeing Sir William Berkeley would 
not comply with their request, caused Wiseman to draw up a 
Commission, directed to Lieutenant-Colonel George Jordan and 
Major Theophilus Hone, to empower them to inquire into the 
estates and forfeitures of delinquents which during the late 
rebellion devolved to the Crown, which was accordingly done, and 
an account upon oath taken of the same, [Col. Entry Bk, 
Vol. LXXXL, pp. 128, 129.] 

March 22. 96. The Commissioners for Virginia to Mr. Watkins. Are now 
Smmns Point, upon preparing their intended despatch for England by Captain 
Grantham against next week, but take this opportunity to give 
this general advice, that the face of things is much amended since 
their arrival, and they hope by degrees this poor country will 
recover its former peace and prosperity. There is a general 
submission of the whole Colony and a joyful resentment of His 
Majesty's royal favour and compassion. [Col. Entry Bk, 
Vol. LXXXL, pp. 130, 131.] 

[March 23.] 97. Petition of John Downing, inhabitant of Newfoundland, to 
the King. That the inhabitants at His Majesty's restoration had 
a Governor and fifty-six guns and forts for their security, 
maintained by the six admiralties and imposts there. They have 
been neglected by the last patentees, and said inhabitants oppressed 
and left defenceless, especially to French invasion. Prays His 
Majesty to appoint a Governor and Minister to live amongst them 
to whom the inhabitants will allow a competent maintenance, and 
being allowed guns will erect and maintain forts and pay and 
secure to His Majesty such imposts and customs as have been 
accustomed to be received by such Governor. " Read in Council, 
23 March 1677." [Col. Papers, Vol. XXXIX., No. 48.] 

March 25. 98. Colonel Francis Moryson to Lady Berkeley. In favour of 
Swanns Point, one Jones, a poor condemned person, whose ignorance chiefly led 
him from his allegiance, and whose loyalty first brought him 
hither for refuge. Does not find that he was a bloody malicious 
rebel, but seduced by the artifice of others. Doubts not she will 
intercede with the Governor in behalf of this poor unfortunate 
wretch. [Col, Entry Bk, Vol. LXXXL, pp. 178, 179.] 

March 25. 99. Lady Berkeley to Colonel Francis Moryson. There needs 
only his opinion in the case of Jones to make the Governor 
consent to it, and he may be pleased to assure Jones' friends that 
Jones shall be pardoned, [Col. Entry Bk, Vol. LXXXL, pp. 180, 
181.] 



AMERICA AND WEST INDIES. 



39 



1677. 
March 26. 

Whitehall. 



March 26. 

Council 

Chamber 

(Whitehall). 



100. Journal of the Lords of Trade and Plantations. In 
pursuance of an Order of Council of 23rd instant (see ante, 
No. 97) to examine the present state of the fishery and 
plantations of Newfoundland, and report their opinions what is 
proper to be done. Mr. Downing complained that the masters of 
fishing ships molest the planters by violently possessing them- 
selves of their houses, stages, and goods, and threaten to drive 
them out of the country upon pretence of a charter lately granted 
by the King, whereby the planters are not to inhabit within six 
miles of the shore, all which he presumes has been committed 
contrary to law and former patents granted to others. Arguments 
of'Downing's Counsel ; the inconveniences that would follow if the 
plantation were deserted, the French who have forts and are very 
numerous would possess themselves of the English part of the 
island, and by that means interrupt the fishery. The gentlemen 
and merchants concerned in the west country fishery, among whom 
were several members of the House of Commons, declared they 
were unprepared to answer Downing's objections as to the validity 
of the western charter not having had time to provide themselves 
with Counsel, but doubt not to be able to make good the right and 
true grounds of their charter, and desire in the meantime that 
nothing be concluded to their prejudice. After debate their 
Lordships agree to report accordingly, and to assign the 10th of 
April for a further hearing, in order to a final settlement of the whole 
matter. In the meantime orders to be sent to the Admirals in 
Newfoundland that no violence be offered by the masters of ships 
and seamen to the planters upon pretence of the western charter, 
but to permit them to inhabit and fish according to the usage of 
past years. And that the inhabitants be directed to continue on 
their parts a good correspondence with the fishermen until His 
Majesty proceed to a further resolution. The parties concerned 
are then again called in and declare themselves satisfied with the 
present resolution. [Col. Entry Ek. t Vol. CIV., pp. 305-307.] 

101. Report of Lords of Trade and Plantations to the King. 
Have taken into consideration the present condition of the fishery 
and plantations of Newfoundland, and called before them John 
Downing of Newfoundland, appearing on behalf of the Colony also 
several gentlemen of the west country and merchants concerned in. 
this fishery who ask for fifteen days to make out their pretensions 
to the validity of their charter, which reasonable request their 
Lordships could not but allow. But in the meanwhile, lest the 
inhabitants should be molested by the masters of the fishing ships 
upon pretence of their charter, whereby no person is to inhabit 
within six miles of the shore, and for the maintenance of peace, 
humbly offer that orders be sent by the St. John, now lying at 
Dartmouth, to the Admirals in Newfoundland, directing masters 
and seamen fishing this year to forbear any violence to the planters, 
upon pretence of said charter, and suffer them to inhabit and fish 
according to the usage of past years. Draft with corrections, also 
fair copy signed by Anglesey, Danby, Ormonde, Carlisle, Craven, 



40 COLONIAL PAPERS. 

1G77. 

Fauconberg, J. Bridgawater, and Robert Southwell. 3 pp. and 
2 pp. [Col. Papers, Vol. XXXIX., Nos. 49, 50.] 

March 26. 102. Minutes of the Council of Jamaica. Present: The Governor, 

Port Royal. Colonel John Coape, Colonel Charles Whitfield, Colonel Arthur 

Collyer, and Colonel William Ivey, besides some of those named, 

ante No. 39. The Provost Marshal brought in the returns of the 

elections, viz. : 

St. Elizabeth's, Major Richard Scott and Thomas Raby. 

St. Ann's, Richard Hemmings and Benjamin Smith. 

St. George's, Charles Morgan and George (? Robert) Philipps. 

St. Maryes, Charles Atkinson and Thomas Trapham. 

St. Thomas, Edward Stantoii and Clem. Richardson. 

St. David's, Thomas Reeves and Thomas ? Fargoe. 

St. Andrew's, Samuel Barry and Richard Brayne. 

Port Royal, William Beeston, Ant. Swimmer, and Hartbottle 
Wingfield. 

St. Thomas in the Vale, George Nedham and Fulke Rose. 

St. John's, Whitgift Aylemore and Richard Offeild. 

St. Jago de la Vega (St. Katherine), Samuel Bernard, John 
Bourden, and William Bragg. 

Clarendon, Tnomas Suttori and Jonathan Ashurst. 

Vere, Andrew Knight and Andrew Langley. 

St. Dorothy's, John Colebeck and Theodore Gary. 

Ordered that masters of wherries give security not to carry 
any person without the fort without a license. Adjourned to 4th 
April. [Col. Entry Bk, Vol. XXXV., pp. 550-552.] 

March 27. 103. The Commissioners for Virginia to Secretary Coventry. 
Swanns Point, Although the Assembly have sat a whole month they have not pro- 
James River. cee( j e d to answer the joint letter of the Commissioners. Have sat 
together on the Commission of Oyer and Terminer, both at the trial 
and condemnation of seven or eight of the most notorious criminals, 
and openly advised to have them executed in their own respective 
counties, nor have they been wanting by all means to make the 
people rightly apprehensive of His Majesty's* most transcendant 
acts of favour and indulgence to his oppressed 'and seduced subjects, 
which have been generally received with suitable impressions of joy. 
Good and timely effects of His Majesty's Proclamation and other 
gracious acts of mercy and pardon. Bacon's death was not pretence 
enough to frustrate and stifle this proclamation or suspend the 
punishment of it, so long as Lawrence, a Colonel and grand accom- 
plice of Bacon's, a most stubborn, desperate, and resolved rebel 
(with others fit to head a new faction) is still out, but rather that 
Berkeley might impose on the ignorant his own terms and condi- 
tions as nevertheless he has endeavoured to do. They have been 
mistaken or deceived in their former character of Berkeley ; he has 
since appeared much contrary to his first professions. While 
Berkeley continues Governor upon the place, things will never be 
put into that peaceable posture and happy composure desired and by 
the Commissioners endeavoured, for it is his only artifice to persuade 



AMERICA AND WEST INDIES. 



41 



1677. 

the people that Colonel Jeffreys is but his deputy and that he shall 
next year return Governor again. The general grievances like to 
come within a very narrow compass, that of the great salary at 
this time under the Assembly's consultation and redress ; the main 
grievances chiefly concern Fort money and other public accounts, 
and levies of this Colony proper also for redress of the Assembly. 
Complain of Berkeley's studied evasions and his interrupting and 
diverting the course of their proceedings and the ill effects ; also of 
his illegal and arbitrary proceedings as to seizures of estates of 
persons not convicted of any crime ; they are pursued every day 
with petitions and complaints of this nature. They declared their 
opinion in open court that the country might perceive they did not 
combine with or connive at such unwarrantable practises. Have 
heard he hath compounded -several treasons, &c., for hogsheads of 
tobacco, cattle, &c. Hope this candid relation may not be mistaken 
at home as if there were any feuds or differences between them 
and the Governor. The gaol is now almost clear, the Governor 
having condemned some and pardoned and transported others. 
Complain as pernicious to His Majesty's interest the dispersing of 
copies of the King's private additional instructions, a rebel having 
publicly produced and pleaded in open court a copy which the 
Governor called God to witness he has never let go out of his hands 
or trunk. Readiness of the Indians to enter into a firm peace with 
the English which they hope a short time will accomplish. It will 
not be long before the Assembly rise when they will send by the 
Deptford ketch a more ample account of their proceedings. 16 pp. 
[Col Entry Bk., Vol. LXXXI.,pp. 132-147.] 

March 27. 104. Queries for the learned Counsel at law to resolve [sent with 
the Commissioners letter of this date to Secretary Coventry]. 
Whether a person dying before conviction his estate be forfeited to 
the King. Whether persons' estates condemned and executed by 
court martial and not by a legal jury of twelve men be forfeited. 
Whether any seizure be legally executed before conviction or 
attainder. Whether the estates of banished or transported persons 
be liable to seizure and forfeiture. [Col. Entry Bk., Vol. LXXXI. t 
pp. 147, 148.] 

March 27. 105. The Commissioners for Virginia to Secretary Coventry. 

Swanns Point. The occasion of their coining and present residence here, no house 
being within four or five miles, invites a constant resort of people 
from all parts of the country upon public business whom they are 
forced to entertain at no small expense. Beg he will lay this 
their pressure before His Majesty so that a limited salary may not 
include an unlimited stay and expense. 3 pp. [Col. Entry ]31c., 
Vol., LXXXL,pp. 149-151.] 



106. Colonel Herbert Jeffreys, Sir John Berry, and Colonel 
Francis Moryson to Secretary Sir Joseph Williamson. The 



March 27. 

Swanns Point, 

James River. p e0 pi es re turn to their obedience has been as general as their late 
disloyal revolt, and had the Governor been as open handed as his 
Majesty's acts of mercy, the whole country would now be composed. 



42 



COLONIAL PAPERS. 



1677. 



March 27. 

Swanus Point. 



March 27. 



Complaints against Governor Berkeley for treating men as de- 
linquents before any due attainder, seizing their estates and making 
their tobacco for his private use. How the merchants and factors 
complain of their trade being retarded and their ships made 
gaols for rebels and refugees without any recompense. Have 
observed that those who call themselves the loyal party are the 
only chief disturbers and obstructers of this calamitous country, 
so that now nothing but a general penal act of oblivion can make 
up these breaches. Advised the hanging in chains in his own 
county of one Arnold, a horrible resolved rebel and traitor. Have 
now no reason to fear any new mutiny, but have advised a stop to 
this rigid prosecution, and the Assembly have also by address voted 
the Governor to forbear and hold his hand from all future 
sanguinary punishments, [Col, Papers, Vol. XXXIX,, No. 51 ; 
also Col. Entry BL, Vol. LXXXI.,pp. 152-159.] 

107. Colonel Francis Moryson to Mr. Cooke. The Commis- 
sioners doubt not but matters will be shortly composed to His 
Majesty's satisfaction if Sir W. Berkeley would please, but with 
freedom to permit His Majesty's acts of grace to pass as His 
Majesty royally intended them. To acquaint Secretary Coventry 
how he has managed that affair he left Moryson to acquaint the 
country with ; his Royal Highness' promise that the two patents 
shall be taken in and vacated, without any charge to the country, 
which he has made known to the Assembly. His gratitude for 
being joined with his worthy and generous fellow Commissioners, a 
fitter person than Colonel Jeffreys could not have been found to 
quell this rebellion ; Sir John Berry, of unbiassed principles, 
prudent conduct and unwearied industry for the service. Pro- 
testations of his own sincerity as an agent and in his present 
character. The straitness of his salary and fortune, desires 
Secretary Coventry's exertions in his behalf. 8 pp. [Col. Entry 
Bk., Vol. LXXXI.pp. 160-167.] 

108. Colonel Herbert Jeffreys, Sir John Berry, and Colonel 
Francis Moryson to Thomas Watkins. Directions os to public 
papers sent for Secretary Coventry and the Lord Treasurer. The 
country in a peaceable quiet condition; all that obstructs it is the 
Governor's abiding upon the place and the fierceness of those who 
call themselves the loyal party, which are not many, and among 
them not twenty eminent sufferers in estate. Their rapacious 
insolence exasperates the other party and their importunate soli- 
citations to try and condemn the guilty party " which indeed is 
little less than the whole country." The necessity of a general act 
of oblivion, which the Assembly will hardly be brought to without 
His Majesty's express injunctions compel, as in the case in England, 
The general grievances, so few and trivial that but for the 
Governor's contrariety they see no further occasion to stay a 
fortnight. Have been forced to urge again and again their 
instructions for retrenching the great salary of the Assembly, now 
reduced to 120 Ibs. per diem, the very lowest allowance the 



AMKUICA AND WEST INDIES. 



1677. 

burgesses can support their charges under. The estates of tobacco, 
cattle, &c., carried off by the Governor. Bland executed this day at 
James Town. Fines imposed by the Governor detested by Jeffreys 
and his officers. [Col. Papers, Vol. XXXIX., No. 52 ; also Col. 
Entry Bk., Vol. LXXXL, pp. 168-175.] 

March 27. 109. The Commissioners for Virginia to the Lord Treasurer of 
Swarms Point. England. Send transcript of a joint letter to Sir W. Berkeley with 
his answer, and copies of petitions relating to His Majesty's 
revenue, which they thought it their duty to advertise him of 
referring him for further satisfaction to other letters which 
Mr. Watkins will communicate to his Lordship. [Col. Entry Bk., 
Vol. LXXXL, pp. 176, 177.] 

March 28. 110. Order of the King in Council. Approving report of Lords 
Whitehall. O f Trade and Plantations concerning Newfoundland (see ante, 
No. 101), and directing their Lordships to prepare and dispatch 
forthwith to the Admirals of the several ports and harbours 
in Newfoundland said orders accordingly. 1| pp. [Col. Papers, 
Vol. XXXIX., No. 53.] 



March 29. 

James River, 
Virginia. 



111. William Sherwood to Secretary Sir Joseph Williamson. 
The confusions and ruins caused by the late horrible rebellion. 
On his return, his houses and goods were consumed amounting to 
at least 1,500Z. This general destruction and Governor Berkeley's 
severe proceedings had put this country into a desperate condition 
but for the arrival of His Majesty's Commissioners. The people 
have cause to complain though not to rebel. The Governor seems 
backward in returning to England, but presumes our long-winded 
Assembly sitting prevents Colonel Jeffreys from acting as Governor 
though it is generally hoped he will soon do so. The bearer, 
Captain Grantham, infinitely serviceable in reducing the country 
from ruin can particularly inform of all things. 1 p. [Col. Papers, 
Vol. XXXIX., No. 54.] 

March 29. 112. Certificate of Governor Berkeley for the receipt of goods 
and two servants consigned to William Hunt in the Richard and 
Elizabeth, Captain Nicholas Pryn, according to a bill of lading 
annexed. 2 pp. [Col. Papers, Vol. XXXIX., Nos. 55, 55 i.] 

March 30. 113. Orders of Lords of Trade and Plantations to the 

Whitehall. Masters of the fishing vessels riding as Admirals in the several 

harbours of Newfoundland, and to the Planters thereof, and all 

other persons whom it may concern (see ante, No. 101). 1 p. 

[Col Papers, Vol. XXXIX., No. 56.] 

March 30. 114. Similar Orders sent by John Downing to the several 
Whitehall. Harbours of Newfoundland, as follows, viz. : 



St. John's. 
Trepassa. 
Renoose. 
Fermoose. 



Carboneare. 
Tar Bay. 
Witless Bay. 
Bonavista, 



Porta Grave. 
Solvage. 
Silly Cove. 
Bay Roberts. 



COLONIAL PAPERS. 



1677. 



March 31. 
Whitehall. 



March. 



March. 



Ferriland. 
Capelin Bay. 
Cupid's Cove. 
Petty Harbour. 
Brisket Bay. 
Quide Vide. 
Bay of Bulls. 



Little Harbour. 
Haver de Grace. 
Balline. 
Old Perlican. 
The Bay of Yards. 
Harbour Maine. 



Toads Cove. 
Barrow Harbour. 
Bona Ventura. 
Brigass in the North. 
Muskeeto Bay. 
Trinity. 



2 pp. [Col. Papers, Vol. XXXIX., No. 57.] 

115. Journal of Lords of Trade and Plantations. In pursuance 
of the Order in Council of 7th February 1677 (see ante, No. 47), 
Mason and Gorges on one side, and the Boston agents on the other, 
are heard by Council, who having made objections against the 
validity of the petitioners' grants, their Lordships are of opinion 
that they cannot proceed to examine the respective titles without 
the assistance of the Lords Chief Justices of the Queen's Bench 
and Common Pleas, who were ordered to attend, but not as yet 
summoned, as it was thought their Lordships would just have 
entered upon the matter of fact complained of by the petitioners. 
Hearing put off till Thursday (5th April), when the Judges are 
desired to attend by a letter, as follows: 

April 3. Lords of Trade and Plantations to the Lords Chief Justices 
Rainsford and North. Desiring their attendance, and enclosing 
Order in Council and abstract of the grants. [Col. Entry Bks., 
Vol. LX., p. 199, and Vol. CV., pp. 7, 8.] 

116. Grievances of James City County, Virginia, presented by 
Colonel Robert Holt and William Sherwood, one to his Majesty's 
Commissioners the other to the Assembly of Virginia. In 
10 Articles which refer to the imposition of 2s. per hogshead on 
tobacco ; the money paid yearly for Fort duties ; the Indians 
painting and disguising themselves ; the slow prosecution of the 
Indian War, a main cause of the late rebellion ; the often meeting 
of Assemblies ; that they have liberty to keep guns and ammunition 
for their own preservation. Signed by George Woodward, Will 
Browne, Mathew Collins, Nicholas Bush, and others. Also, The 
Answers of Her Majesty's Commissioners. Endorsed, " Brought 
March 16." Two papers. 4 pp. [Col. Papers, Vol. XXXIX., 
Nos. 58, 59 ; also Col Entry Bh, Vol. LXXXL, ^.293-297.] 

117. Grievances presented by Rappahanock County to his 
Majesty's Commissioners for Virginia and to the Grand Assembly. 
Under fifteen articles. The want of able, pious, and orthodox 
Ministers, and the due administration of Divine ordinances ; that 
peace be concluded with the Indians ; the imposition of 2s. per 
hogshead on tobacco ; the levy of taxes ; qualifications for judges ; 
the meetings of the Assembly and General Court. Signed by 
Warwick Cam mock, Alex. Doniphann, Henry Tomdey, Elen Awley, 
and Thomas Gouldman. Also, The Answers of His Majesty's 
Commissioners to same. Two papers. 5 pp. [Col. Papers, 

Vol. XXXIX., Nos. 60, 61 ; also Col. Entry Bk., Vol. LXXXL, 
pp. 297-300.] 



AMERICA AND WEST INDIES. 45 

1677, 

March, 118. Grievances of the Inhabitants of the upper parts of 
Citternborn parish in the county of Rappahanock, presented and 
signed by Cadwalladen Jones and John Bowsie, to His Majesty's 
Commissioners for Virginia. Under fourteen heads. Concerning the 
Indian war; the levies of 1674 and 1675, and how disposed of; the 
impost upon tobacco ; the Militia who should not sit in the Courts 
of Judicature ; the approach of the Indians ; a supply of arms and 
ammunition. Also, The Answers of the Commissioners to the 
same. Two papers. 6 pp. [Col. Papers, Vol. XXXIX., Nos. 62, 
63 ; also Col. Entry Bk., Vol. LXXXI., pp. 300-302.] 

March. 119. Grievances of the inhabitants of Stafford County, Virginia, 
presented to His Majesty's Commissioners, under seven heads, 
signed by Richard Gibson, Samuel Hayward, and eight others. 
Against the burthen of Annual Assemblies ; of the 2s. per hogshead ; 
of the incursions of the Indians, and paying towards the building 
of forts, Two copies. Also, The Answers of the Commissioners to 
same. Three papers. 5 pp. [Col. Papers, Vol. XXXIX., Nos. 64- 
66 ; also Col. Entry Bk, Vol. LXXXI., pp. 302, 303.] 

March. 120. Minutes of a meeting of the Commission of Stafford 
County, Virginia. The several proclamations and declarations 
being read, the persons named took hold of His Majesty's and the 
Governor's pardon and accordingly took the oath of allegiance, but 
said oath being tendered to Jonah Revelt, a freeholder and house- 
keeper, he utterly refused to take the same. 1 p. [Col. Papers, 
Vol. XXXIX., No. 67.] 

March. 121. Representation of the people of Surrey County, Virginia, 
to the Grand Assembly. Earnestly desire them to draw up, in 
behalf of the whole country, a most humble submission to His 
Majesty, with a letter of request to the Duke of York to intercede 
with his brother to be restored to His Majesty's good grace and 
favour as formerly, that the Assembly would make an Act of 
Oblivion, and that no person for the future may be abused by 
injurious and provoking names, with list of grievances which they 
desire may be remedied, 4 pp. [Col. Papers, Vol. XXXIX., 
No. 68.] 

March. 122. Grievances of the inhabitants of Surrey County presented 

to His Majesty's Commissioners for Virginia, and signed by Thomas 
Busby and George Procter. Under 10 heads. The pressure of 
frequent assemblies and great charge of the members salaries ; the 
quantity of tobacco raised for building houses at James City ; the 
levy raised for building forts and the insufficiency of their defence ; 
the imposition of 2s. per hogshead ; seizure of estates before the 
owner is convicted of any crime; and erecting forts. Also, The 
Answers of the Commissioners. Tivo papers. 4pp. [Col. Papers, 
Vol. XXXIX., Nos. 69, 70, and Col. Entry Bk,, Vol. LXXXI., 
pp. 304-307.] 



1677. 
March. 



March. 



March. 



March. 



March. 



123. Return of William Peirce, John Lord, and Thomas Youll 
to a warrant of Governor Sir William Berkeley addressed to the 
High Sheriff of the county of Westmorland. For calling a court 
and summoning the inhabitants to draw up their several grievances 
to present to His Majesty's Commissioners for Virginia ; that they 
have met and find no grievance presented to them. 1 p. [Col. 
Papers, Vol. XXX IX., No. 7J.J 

124. " The Proposals of Westmorland County to the Grand 
Assembly of Virginia," being their grievances under ] 2 heads. 
Concerning a day to be set apart for thanksgiving for restoring 
Virginia from the late rebellion ; the propagation of the gospel ; 
removing scandalous ministers and strict observance of the Sabbath 
day ; the punishment of those engaged in the late rebellion ; every 
man to be settled in possession of his land and estate ; an address 
to His Majesty for pardon for the late rebellion. Also, The 
Answers of the Commissioners to same. Two papers. 3 pp. 
[Col. Papers, Vol. XXXIX., Nos. 72, 73 ; also Col. Entry Bk,, 
Vol. LXXXI., pp. 307-309.] 

125. Grievances of the inhabitants in general, that is to say, 
housekeepers and freeholders of Northampton County, committed 
to their burgesses to present to the Governor. Council, and 
Burgesses of Virginia. In reference to the division of the county ; 
liberty to choose a new vestry ; the repeal of the Act for killing 
wolves, bears, &c. ; taxation ; taking copies of records on paying 
fees ; liberty of appeal ; selling drink within a mile of the court- 
house on court days ; against petty tipling houses ; the absence of 
magistrates from their duty ; qualification for office. Also, The 
Answers of His Majesty's Commissioners. Two papers. 4 pp. 
[Col Papers, Vol. XXXIX., Nos. 74, 75 ; also Col. Entry Bk,, 
Vol. LXXXL,pp. 309-312.] 

126. Grievances of the inhabitants of the County of Accomack, 
delivered to Sir John Berry, one of His Majesty's Commissioners 
for Virginia, by Mr. Littleton, of the House of Burgesses, on 29th 
March 1677. In reference to their great losses through hindering 
the rebels landing, and protecting Governor Berkeley, and desiring 
that he may be continued Governor ; that their county be free 
from country taxes for 21 years, exempted from defraying any 
part of the charge of the late rebellion and from quit-rents for 
many years. Also, The Answers of His Majesty's Commissioners, 
who say His Majesty hath an eminent object for his royal favours 
in this truly loyal county. [Col. Papers, Vol. XXXIX., No. 76 ; 
also Col. Entry Bk., Vol. LXXXI., pp. 312, 313.] 

127. Instructions from the inhabitants of Lancaster County to 
their Burgesses Colonel William Ball and Major Edward Dale, to 
be by them presented to the Assembly for redress. That the war 
against the Indians be more speedily and effectually prosecuted, 
and all trade with them prohibited upon pain of death. That 
Josses by the late rebellion be borne by the sufferers, and delinquents 



AMERICA AND WEST INDIES. 47 

1677. 

estates given to the poor and loyal sufferers. That this county be 
divided into two divisions, and the courts be kept in some part of 
York River. That the 2s. per hogshead be emplo} 7 e(l to the uses 
for which it was first raised after the Governor is paid his dues 
settled by His Majesty. That the Acts be revived against hog 
stealing, and for the encouragement of servants ; against the 
frequency of assemblies and their long sittings. The incapacity of 
our forts for offence and defence ; that the money in bank be 
employed in purchasing arms and building magazines for the 
people's securit} 7 . A Iso, The Answers of His Majesty's Commissioners 
for Virginia. Two papers. 3 pp. [Col. Papers, Vcl. XXXIX., 
Nos. 77, 78 ; also Got. Entry Bk., Vol. LXXXI., pp. 313, 314.] 

March. 128. Certificate of John Stritchley on behalf of the inhabitants 

of Lancaster County to His Majesty's Commissioners for Virginia. 
That they have no more grievances to present than what they 
have returned already, and have nothing to say against the 
Government. 1 p. [Col. Papers, Vol. XXXIX., No. 79.] 

March. 129. Grievances under eight heads of the inhabitants of Warwick 

County, certified by their Burgesses, John Langhorne and Francis 
Rice, and presented to His Majesty's Commissioners for Virginia. 
Justification of their conduct during the rebellion ; thankfully 
embrace the King's pardon and desire that all taxes upon them be 
imposed by the Assembly ; against taxing by poll ; no person to 
have two places of profit ; the limitation of attorneys' fees and 
regulating of clerks' fees. Also, The Answers of His Majesty's 
Commissioners to same. Two papers. 3 pp. [Col. Papers, 
Vol. XXXIX., Nos. 80, 81 ; also Col. Entry Bk., Vol. LXXXL, 
pp. 315, 316.] 

March. 130. Grievances of the inhabitants of the Isle of Wight County. 
[Endorsed} : " For the Burgesses. To be perused and returned to 
His Majesty's Commiss rs . Sam. Wiseman." Excuse themselves 
for taking up arms in the late rebellion as being necessitated by 
the reasons set forth and complain of the oppressions of Colonel 
John Bridger ; of the great taxes ; of employment of Indian forces 
to apprehend their Christian neighbours ; the seizure of estates 
lie fore conviction ; against sheriffs holding office more than one 
year. These grievances consist of 26 articles, and are signed by 
Richard Jorden, senior, " one of Bacon's representatives," Richard 
Penney, " a very busy man in these times," John Marshall, Edward 
Miller, " an armless poor man," John Davis, " one that hath been in 
arms against the Government," and Thomas Fulgham, " a busy 
person that brought this paper to the rest to subscribe, which was 
written by Marshall's servant at the desire of the subscribers 
hereof." Also, The Answers of His Majesty's Commissioners, with 
Mem. There is remaining in our hands a protest against these 
grievances as complained of without cause by another part of the 
same county. Two papers. Tor/ether, 10 pp. [Col. Papers, 
Vol. XXXIX., Nos. 82, 83, and Col. Entry Bk., Vol. LXXXL, 
pp. 316-319.] 



COLONIAL PAPERS. 



1677. 
March. 



March ? 



March. 



March ? 



131. Humble remonstrance of divers of His Majesty's loyal 
subjects in the upper parish of the Isle of Wight County to His 
Majesty's Commissioners for Virginia. Against the grievances 
complained of without cause by another part of the same county. 
Signed by John Bridger, John George, James Powell, Edward 
Wickins, and 68 others. Endorsed : " To be perused and returned 
to his Maj. Commissioners. Sa. Wiseman." 2 pp. (Col. Papers, 
Vol. XXXIX., No. 84.) 

132. Petition of His Majesty's most loyal and obedient subjects 
of the Isle of Wight County in Virginia to His Majesty's Commis- 
sioners. In behalf of William West, " a rebel absconding," who 
took up arms against the Indians by whom his father was most 
barbarously murdered, was taken prisoner, carried aboard a ship, 
from hence to prison and condemned to death, but has made his 
escape, ami, as yet, cannot be heard of. Pray for his life and the 
restitution of his estate to his wife and children. Signed by about 
70 persons mostly with their mark. 2 pp. [Col. Papers, 
Vol. XXXIX., No. 85.] 

133. Grievances of the inhabitants of the parish of Blisland, in 
the county of New Kent, presented to His Majesty's Commissioners 
for Virginia. Under six heads, viz., the 60 Ibs. (of tobacco) per pull ; 
the many murders, rapines, and depredations by the Indians ; the 
extortions of Sheriffs ; selling strong liquors where the county 
courts are kept; of the Fort duties as misemployed and of the 
2s. per hogshead. Also, Answers of His Majesty's Commissioners 
to the same. Endorsed, " Brought April 4th, Col. Jeffreys and 
Sir John Berry absent." Two papers. 3 pp. [Col Papers, 
Vol. XXXIX., Nos. 86, 87, and Col. Entry BL, Vol. 81, 

pp. 319, 320. 

134. Grievances of part of the inhabitants of Elizabeth City 
County under two heads presented to His Majesty's Commissioners 
for Virginia. In reference to the great charge by the frequent 
meeting of assemblies and the high rate of the levy of tobacco 
upon them by reason of their not being above 300 tythe- 
ables in their arnall county. Certified by the representatives of 
said County Anthony Armistead and Ber. Servant. Endorsed, 
" Brought in March 9th." Also, The Answer of His Majesty's 
Commissioners to the same. 2 pp. [Col. Papers, Vol. XXXIX., 
Nos. 88 and 89 ; also Col. Entry Bk, Vol. LXXXI., p. 3-20.] 

135. Grievances of the inhabitants of Henrico County presented 
to His Majesty's Commissioners for Virginia under six heads. In 
reference to the evil consequences of the monopoly of toe Indian 
trade ; the uselewsness of the forts built to defend them from the 
Indians and their murders and incursions ; the heavy taxes and 
especially the 60 Ibs. per poll. Signed by William Glatu, John 
Pleasants, Solomon Knibbe, Will Hatcher, ami John Lewis. Also, 
The Answers of His Majesty's Commissioners to same. Two 



AMERICA AND WEST INDIES. 49 

1677. 

papers. 3 pp. [Col. Papers, Vol. XXXIX., Nos. 90 and 91 ; 
also Col. Entry Bk., Vol. LXXXI., pp. 321, 322.] 

March. 136. Grievances under twelve heads presented by the inhabitants 
of York County by their Burgesses, Thomas Roberts and John 
. Tiplady, to His Majesty's Commissioners for Virginia. Justifying 
Sir W. Berkeley from all blame in reference to the rise and occasion 
of the late rebellion and attributing it only to disaffected persons, 
their pretence being the dilatory proceedings of the Assembly 
against the Indians. Complaint of the too frequent meetings of 
the Assembly ; that the chief and only town being burnt may 
be built at Middle Plantation ; for liberty to export wheat and 
to import salt; against extortionate fees; about Thomas Hansford's 
estate, who was executed ; and reviving a jaw for advancing the 
price of tobacco ; Courts of Justice taxes. Also, The Answers of 
His Majesty's Commissioners to same. That as to the first part, 
they in charity believe it, but refer to the general complaints 
from all other counties in Virginia in reference to the dilatory 
proceedings for security of the people against the Indians. Two 
papers. 4 pp. [Col. Papers, Vol. XXXIX., Nos. 92 aud 93, and 
Col. Entry Bk., Vol. LXXXI., pp. 323, 324.] 

March. 137. Grievances presented by the inhabitants of Gloucester County 
to His Majesty's Commissioner for Virginia. The imposition of 
2s. per hogshead laid on tobacco by the Assembly about 17 
years since ; of the GO Ibs. per poll ; of the great number of 
Christians murdered by the Indians and the ill-management of 
the war; confirmation of laws made by the June Assembly 
of 1676 before Bacon's rebellion, and restitution of estates 
plundered by the rebels ; against Major Robert Beverley ; for 
arms and ammunition ; against the too frequent meetings of the 
Assembly. Signed by Phillip Lightfoot, and nine othsvs. Also, 
The Answers of His Majesty's Commissioners. 3 pp. [Col. 
Papers, Vol. XXXIX., No. 94, and Col. Entry Bk, No. 81, 
pp. 325-327.] 

March. 138. Grievances presented by the inhabitants of Lower Norfolk 
to Governor Sir William Berkeley, the House of Burgesses, and 
His Majesty's Commissioners for Virginia. In reference to a fort 
erected at Point Comfort ; the levy of 60 Ibs. of tobacco per poll ; 
to be exempt from all public charge arising from the late rebellion ; 
libei ty to export tobacco to any of the plantations without paying 
the impost payable by Act of Parliament ; the abuse of putting 
strangers into places of great honour; and prohibiting the 
selling of ammunition to the Indians. Also, The Answers of His 
Majesty's Commissioners. [Col. Papers, Vol. XXXIX., No. 95, 
and Col. Entry Bk., No. 8}, pp. 327328.] 

March. 139. The first grievances presented by the inhabitants of 
Nancymond County to His Majesty's Commissioners for Virginia, 
Under 20 heads beginning with a preamble of the rise and occasion 
of the late distractions, tumults, and disturbances in Virginia, and 

y 88078. E 



50 COLONIAL PAPERS. 

1677. 

hearty expressions of sorrow for their late disloyalty. Complain of 
the uselessness and charge of forts built in the woods against the 
Indians; desire the confirmation of the Acts of June 1676; war 
with all Indian nations, an excuse for sending men to Bacon's army ; 
for the restitution of arms taken from them ; that they pay no tax 
this year; the accusations against the two Lears ; oath imposed 
upon them by the Commissioners ; leave to buy powder and shot ; 
to pay nothing towards useless forts ; collectors of the levy for 
building a fort at Point Comfort to be called to account ; the use 
. of the 60 Ibs. levy against Castle duties ; justices, clerks, and sheriffs 

pleading in their own Courts ; bounds of their county ; laws to be 
irrevocable. 6 pp. [Col Papers, Vol. XXXIX., No. 96.] 

Metrch. 140. The second grievances of the inhabitants of Nancy mond 

County presented to His Majesty's Commissioners for Virginia. 
Complain against the forts on the frontiers, that they were pressed 
under Bacon by the lawful magistrates, and such as refused were 
forced thereto by the militia officers ; against men holding more 
than one office at a time as Colonel Lear, and against the great 
taxes imposed the last three or four years ; for an account of the 
62 Ibs. of tobacco per poll. Also, The Answers of His Majesty's 
Commissioners to the first and second heads of grievances. Signed 
by 122 persons, many by mark only. Two papers. 6 pp. [Col 
Papers, Vol. XXXIX., Nos. 97 and 98, and Col. Entry Bk., 
Vol. LXXXI., pp. 329-333.] 

March. 141. Remonstrance of divers of His Majesty's loyal subjects of the 
county of Nancymond to His Majesty's Commissioners for Virginia. 
Humbly beg the King's pardon condemning those who, instead of 
so doing, rather seem to justify than deplore their late wicked 
defection, and declaring that it is their greatest grievance that even 
they should have occasion of His Majesty's pardon, which they own 
they have in some measure reason to beg, and lay hold of and are 
thankful for. Signed by Thomas Godwin, Thomas Milner, John 
Lear, David Lear, James Jossy, and 42 others. 2 pp. [Col Papers, 
Vol. XXXIX., No. 99.] 

Mar^h. 142. Return of John Mottroin, Sheriff of Northumberland 
County, to a warrant of Governor Sir William Berkeley of 3rd 
February last, to call a county court to inquire into the grievances 
of said county ; that His Majesty's proclamations and declarations 
have been published, and the people have unanimously declared no 
grievances. 2 pp. [Col. Papers, Vol. XXXIX., No. 100.] 

March to 143. The personal grievances of divers inhabitants of Virginia 
May. to His Majesty's Commissioners, as follows, viz. : 

Petition of the four poor distressed orphans of Anthony 
Arnold to the Commissioners for Virginia. For restitution of their 
father's small estate, who was executed for being concerned in 
rebellion, 1 p. [Col Papers, Vol XL., No. 1.] 



AMERICA AND WEST INDIES. 51 

1677. 

145. Petition of Thomas Bobby of James City County, Planter, 
to His Majesty's Commissioners for Virginia. Against Hartwell for 
imprisoning him and forcing him to pay a composition of 500 Ibs. 
of pork, 200 Ibs. of bacon, and 100 Ibs. of butter. With deposition 
upon oath annexed, and memorandum that it was owned by Hartwell 
himself. 1677, April 20 and May 19. Together, three papers. 
[Col. Papers, Vol. XL., Nos. 2-4.] 

146. Petition of Richard Clarke, of New Kent County to His 
Majesty's Commissioners for Virginia. Although he was seduced 
into the late unhappy rebellion, he truly repenteth himself and 
continued quietly under his own roof; that armed men under the 
command of Roger Potter and Bryan Smith, with others, carried 
away his servants and goods to the amount of 400?. sterling ; 
prays for examination into the same. With deposition on oath 
annexed, and order of the Commissioners thereon, part of said 
estate being in the possession of Major Robert Beverley. 1677, 
May 19. Two papers. 2pp. [Col. Papers, Vol. XL., Nos. 5, 6.] 

147. Petition of John Dean of James City County, Planter, to 
the Commissioners for Virginia. Confessing and repenting having 
taken Bacon's oath, and that he has laid hold of His Majesty's 
pardon, and praying remedy against Hartwell for seizing his whole 
crop of tobacco. With deposition on oath annexed. 1677, 
March 6. 2 pp. [Col. Papers, Vol. XL., No. 7.] 

148. Elizabeth Dudley, James Dudley, Thomas Dudley, arid 
William Dudley to James Gary, living at the " Dager " in Watling 
Street. The distractions of this Colony by the wise carriage of 
His Majesty's Commissioners are most happily reconciled and in a 
posture of quiet and peaceable settlement for the future. Beg his 
assistance in relation to certain hogsheads of tobacco seized from 
their deceased father unjustly by Sir William Berkeley and illegally 
converted to his own use. Virginia, 1677, April 25. 1 pp. 
[Col. Papers, Vol. XL., No. 8.] 

149. Petition of Thomas Glover of James City County, Planter, 
to His Majesty's Commissioners for Virginia. Against William 
Hartwell for imprisoning him five weeks and forcing him to give 
a horse for his discharge of the value of 1,200 Ibs. of tobacco. 
Also Deposition of Thomas Glover and Francis Robinson, and 
Mem. That Hartwell owns what the petitioner alleges was by the 
Governor's order. 3677, April 20 and May 19. Together, three 
papers. [Col. Papers, Vol. XL., Nos. 9-11.] 

150. Petition of Andrew Goedean of James City County, 
Planter, to His Majesty's Commissioners for Virginia. Against 
William Hartwell for imprisoning him ten days until he passed an 
obligation for five months' work. With Mem. That Hartwell 
owns imprisoning petitioner, but denies the rest. Also Affidavit of 
petitioner. Two papers. 1677, May 19. [Col. Papers, Vol. XL., 
Nos. 12, 13.] 

<b 



52 COLONIAL PAPERS. 

1677. 

151. Complaint of Henry Gord, addressed to the Commissioners 
for Virginia. Against Captain Roger Potter, jailer of the prison at 
Green Spring, where he had been confined one month by the 
Governor's orders, for not suffering him to leave without giving him 
a cow and a calf. 1 p. [Col Papers, Vol. XL., No. 14.] 

152. Petition and Grievance of William Hoare of James City 
County, Planter, to His Majesty's Commissioners for Virginia. 
Against Hartwell for detaining him prisoner ten days and taking 
from him his cattle, hogs, and other goods, and for demanding ten 
thousand pounds of pork to save his life. Also Hoare's certificate 
to the truth of the above, and Mem. That Sir William Berkeley 
demanded the pork to save Hoare's life, confessed to be true by 
James Garey, the Governor's servant. 1677, April 20 and May 19. 
Two papers. [Col. Papers, Vol. XL., Nos. 15, 16.] 

153. Petition of Henry Jenkins of James City County, Tanner, 
to the Commissioners for Virginia. Against Sir William Berkeley 
for seizing his cattle under pretence that petitioner had some raw 
hides belonging to the Governor, but which Bacon's soldiers had 
taken and brought from Green Spring. With two depositions 
on oath annexed. 1677, April 20. Together, three papers. [Col. 
Papers, Vol. XL., Nos. 17-19.] 

154. Petition of John Jennings, of Isle of Wight County, to the 
Commissioners for Virginia. To be admitted to take the oath of 
allegiance and to be included in His Majesty's pardon, being truly 
sorry for his acting in the late rebellion, and that lie may have his 
estate released to him. Endorsed : " Pet. was ordered to be 
banished into England, but falling sick is respited till next shipping, 
unless His Majesty admit him to the benefit of his pardon." 1 p. 
[Col. Papers, Vol. XL, No. 20.] 

155. Petition of John Johnson and James Barrow of James 
City County, Planters, to His Majf sty's Commissioners for Virginia. 
Against Hartwell for imprisoning them and forcing from them a 
composition of ten thousand shingles. With two depositions on 
oath attached, and Mem. That it was owned by Hartwell, who 
said it was done by the Governor's order. 1677, May 19. 2pp. 
Together, three papers. [Col. Papers, Vol. XL., Nos. 21-23.] 

156. Petition of Edward Lloyd [Mulatto] of James City County, 
Planter, to His Majesty's Commissioners for Virginia. Against 
Captain William Hartwell for imprisoning him three weeks, during 
which time his house was plundered by Governor Berkeley's 
servants, and petitioner's wife, great with child, so affrighted that 
she died. 1677, April 11. Annexed, 

156. J.-ii. The oath of Edward Lloyd and depositions of William 
Hucford and the midwives Mary Colby and Mary 
Robinson. Together, 3 pp. [Col. Papers, Vol. XL. t 
tfos. 24, 24 I., II.] 



AMERICA AND WEST INDIES. 53 

1677. 

157. Petition of Robert Lowder, John Cocker, and Robert 
Porter, Planters of New Kent County, to the Commissioners for 
Virginia. For relief against Bryan Smith who has forced them to 
give bills for 4,250 Ibs. of tobacco and cash under pretence of their 
having killed his hogs in the late rebellion, though petitioners have 
laid hold of His Majesty's pardon. 1 p. [GoL Papers, Vol. XL. 
No. 25.] 

158. Petition of Thomas Lushington to His Majesty's Com- 
missioners for Virginia. Against Captain William Hartwell for 
imprisoning him, stripping the clothes from his back, and taking his 
papers out of his pocket. With memorandum by Samuel Wiseman 
that Hartwell confessed that when others were plundering the 
petitioner he plundered too, but by order of his Colonel (Ballard). 
1677, May 19. I p. [Col Papers, Vol. XL., No. 26.] 

159. Petition of Thomas Palmer to the Commissioners for 
Virginia. Complaining of Governor Berkeley for seizing tobacco 
paid to petitioner for building a house for one Thomas Hansford, 
who was executed by martial law for a rebel at Accomack. 1 p. 
This petition and many others are entered in Col. Entry Bk. 
Vol. LXXXI.,pp. 337-352, with "Opinion" of the Commissioners 
" That this seizure is illegal, the said Hansford having no tryal or 
conviction by a lawful jury/' [Col. Papers, Vol. XL., No. 27.] 

160. Petition of Nicholas Pryn, Master of the Richard and 
Elizabeth of London, riding in James River, to the Commis- 
sioners for Virginia. For restitution of goods to the value of 
265. sterling, consigned by Alderman Booth and owners of said 
ship to William Hunt, their factor in Virginia, but seized by 
Lieutenant- Colonel Ed ward Hill under pretence of a warrant from 
the Governor. With depositions annexed, and letter of Colonel 
Thomas Ballard about same. 1677, March 19. Two papers. 3 pp. 
[Col. Papers, Vol. XL., Nos. 28, 29.] 

161. Petition of William Rowland and William Whore to the 
Commissioners for Virginia. Were pressed into Bacon's service, 
imprisoned, and forced to give security for payment of 8,000 Ibs. of 
tobacco. Prays for relief. 1 p. [Col. Papers, Vol. XL., No. 30.] 

162. Petition of Stephen Tarleton of New Kent County to the 
Commissioners for Virginia. Acknowledges being seduced into the 
late horrible rebellion and taking that unlawful oath imposed by 
Bacon. Beseeches mercy for his crimes, and to be admitted to the 
full benefit of His Majesty's Act of pardon. 1 p. [Col. Papers, 
Vol. XL., No. 31.] 

163. Petition of Nicholas Toope of York Count}', Tanner, to 
His Majesty's Commissioners for Virginia. Against Hartwell for 
imprisoning him five weeks after he was in the King's service, and 
forcing petitioner to give a bill for 20 pairs of shoes for his discharge. 
With disposition on oath annexed, and Mem. That Hartwell owned 



54 COLONIAL PAPERS. 

1677, 

same for which he had none of the Governor's order but by word 
of mouth. 1677, May 19. 2 pp. [Col. Papers, Vol. XL., 
No. 32.] 

164. Petition of John Williams of James City County, Planter, 
to His Majesty's Commissioners for Virginia. Against Hartwell 
for imprisoning petitioner ten days and forcing him by hard usage 
to a composition of two hogsheads of tobacco and six barrels of 
Indian corn to the value of 161. sterling. With deposition on oath 
annexed, and memorandum of Hartwell's confession that it was done 
by the Governor's order. 1677, April 20 and May 19. Together, 
three papers. [Col. Papers, Vol. XL., Nos. 33-35.] 

165. Petition of W. Wyat in behalf of William and Elizabeth 
Rookeings, orphans of William Rookeings of Surrey County, to the 
Commissioners for Virginia. That the estate of William Rookeings, 
condemned by martial law during the late rebellion, who died in 
prison, may be secured for the benefit of his children and creditors 
until the King's pleasure be known therein. With deposition 
annexed. Two papers. [Col. Papers, Vol. XL., Nos. 36, 37 ; 
also Col. Entry Bk., Vol. LXXXL, pp. 337-352.] 

March ? 166. The King's Warrant for the Governor of Virginia. To receive 
to his own use as Governor out of the first moneys and revenues 
raised there the yearly sum of 2,000 from the death or avoidance 
of Sir William Berkeley, our late Governor, together with a third 
part of escheats, fines, and forfeitures, also 150Z. a year till the 
Assembly shall have provided a sufficient house and plantation for 
the Governor and Government there. 1 p. [Col. Papers, Vol. XL., 
No. 38.] 

April 2. 167. Major Robert Beverley, Clerk of the Assembly, to Thomas 

Green Spring, Ludwell and Colonel Daniel Parke, Treasurers for Virgina. 

( ugmia;. Di rec ting them to honour and pay certain bills as per annexed 

list drawn upon them for satisfaction of the public debts, according 

to Order of Assembly of 20th February last. Annexed, 

167. I. Order of Assembly begun at Green Spring empowering 
Major Robert Beverley to draw Bills of Exchange upon 
Mr. Secretary Ludwell and Colonel Daniel Parke for 
money ordered to be paid by said Assembly. Copy of 
this order to be produced with the bills drawn. 

167. II. List of bills drawn by the Grand Assembly of Virginia 
on Thomas Ludwell already paid by Gawin Corbin, July 
1677. Endorsed, " Reed. June 1677." 3 pp. Two copies. 
[Col. Papers, Vol. XL., Nos. 39, 40 ; also Col. Entry Bk., 
No. SO, pp. 139-142.] 

April 3. 168. Affidavit of Edmond Pateshall concerning the proceedings 
of the Massachusetts Government in 1665. Has lived inKennebec 
for 12 or 13 years ; was put into a Commission of the Peace for 
Maine by the King's Commissioners and acted for two or three 
years as Justice of the Peace and was made a Captain of a foot 



AMERICA AND WEST INDIES. 55 

1677. 

company. Was credibly informed that at the end of this time 
Captain John Leverett, Edward Ting, and Captain Robert Pike 
came to York in Maine with a troop of horse where several justices 
were sitting and commanded them not to act any more in the King's 
name, and by their force disturbed them in the execution of their 
commission, so that they never after acted any more, which made 
thu< deponent also to desist; after this the Government was 
usurped by the Boston Government who obliged the people to 
take an oath of fidelity to their Government. Believes that the 
wars of the Eastern Indians in August last were occasioned by the 
treacherous dealings of some of the Bostoners who, trading with the 
Indians, invited them on board and detained them, and brought 
them to Fayal where they sold them for slaves to the Portuguese ; 
by reason of which deponent and many hundreds lost all they had, 
two or three hundred persons were murdered, and all their goods 
destroyed for near 100 miles in length in the Duke of York's 
province and in Maine. " Jurat 3 die Aprilis 1677. Coram me 
John Hoskyns." 1 p. [Col Papers, Vol. XL., No. 41. j 

April 4-27. 169. Minutes of the Council of Jamaica. Sir Thomas Modyford 
took the oaths of allegiance and supremacy and of a councillor. 
The Provost Marshal brought in return for St. James'. Richard 
Guy and Augustin Gabell. His Majesty's orders of llth December 
to assist Virginia ships read, and in favour of the Royal African 
Company which is to be proclaimed at Port Royal. 

April 9. Resolved that the Assembly take the oaths of allegiance and 
supremacy which was then administered to all except Clem. 
Richardson and Augustin Gabell who were sick. Having returned to 
their House the Assembly chose William Beeston, Speaker, of which 
the Governor approved. James Barkly chosen Clerk of the Assembly, 
sworn by two of the Council ; the oath. Deputation from the 
Assembly to return thanks for the Governor's speech and that they 
would endeavour to comply with every part of it. 

April 10. Ordered that all the original Acts of the country be sent to the 
Assembly for perusal, and any amendments they see fit. Also that 
transcript of the return of the elections be delivered to the Speaker. 

April 11. On reading petition of Mr. Orgill, the opinion of the Assembly is 
desired whether negroes in actual rebellion and not discovered by 
their masters should be satisfied by the public, the clause in the 
Act appearing dubious. The House of opinion that such negroes 
ought not to be paid for by the public, to which the Council agreed. 
Consideration of the insolencies of the privateers, H.M. Phoenix 
to be sent to cruize. Account of her condition by the captain and 
officers. Resolved not to send her home till she be fully tried, 
and the Vulture to be fitted out to attend her. 

April 12. Petition of William Nedham and John Collet referred to the 
Assembly. 

April 19. Four bills read twice brought from the House sent back to be 
read a third time, the Governor in Council declaring all bills ought 
to be read three times before the other House can proceed with 
them. 



56 COLONIAL PAPERS. 



1677. 

April 20. Message from the Assembly that it hath hitherto been the 
custom to read Acts twice and send them to the Council and they 
should keep to that custom. A free conference of the Speaker and 
Assembly desired, which was agreed to. 

April 21. The Speaker and Assembly in a full body met the Council in 
conference ; they sent after to acquaint the Governor and Council 
that since His Excellency had so freely declared his mind they 
were resolved to follow the custom of the Parliament of England 
and read their bills three times before they sent them to the 
Council. 

April 24. Five bills brought from the Assembly returned with amendments. 

April 26. Debate on the bill declaring the rights and privileges of the 
subjects of this island ; ordered to be recommitted to the former 
committee. 

April 27. Said bill to be again considered and another bill read three times 
and sent to the Assembly. [Col Entry Bh, Vol. XXXV., pp. 552- 
568.] 

April 5. 170. Journal of the Lords of Trade and Plantations. Mason 
Whitehall, and Gorges and the Massachusetts Agents are called in the presence 
of the Lords Chief Justices. The Agents insist on their right of 
government in the territories claimed by the petitioners as lying 
within their bounds, and urge the right of possession confirmed by 
an Act of the Boston General Court in 1652 ; they do not lay 
claim to the soil by virtue of their patent, but submit to their 
Lordships the great expense they have been at in protecting those 
countries against the Indians which Mason and Gorges could 
never have been able to do. These two on the other side claim 
both soil and government as their inheritance by virtue of patents 
granted to their ancestors by the Council of Plymouth. Whereupon 
the Agents produce copy of their charter " taken out of the Rolls." 
Upon the whole matter their Lordships, finding this case to require 
the consideration of the judges as to matter of law, order Mason 
and Gorges to prepare a state of their case in writing, to attend 
the Lords Chief Justices therewith, also to give a copy to the 
agents of Boston who are to make their objections, and to give a 
state of their case to said Lord Chief Justices and to petitioners on 
6th instant. Their Lordships refer to the Lords Chief Justices the 
examination of the patents and titles, and they are requested to give 
notice when ready to give an opinion, at which time their Lordships 
will meet again to consider of a report on the whole matter. 
[Got. Entry Bks., Vol. LX,p. 201, and Vol. CV., pp. 19-21.] 

April 5. 171. The Commissioners for Virginia to Secretary Coventry. 
Point. Q n Tuesday last the Assembly concluded ; only await an account 
of the whole of their proceedings to send away the Deptford ketch 
(their final despatch). The Assembly has given Berkeley 5001., 
but they find nothing done on his part in order to a peace with the 
Indians. He gives no account of his late seizures as they desired 
and he at first promised, nor has he yet answered in any one 
particular their instructions, but now insists on seeing their private 
power which they declined showing finding him so critical and 



AMERICA AND WEST INDIES. 



57 



April 7. 

Jamaica. 



April 9. 

Swunns Point 



1677. 

captious at all advantages to himself. The Council, the Assembly, 
and people are and have been so over-awed and biassed by the 
Governor, that some counties dare not bring in their grievances 
before Berkeley be gone ; fear at last Colonel Jeffreys will be forced 
to send him home, for he is still as backward as at first for ought 
they perceive ; before the mists be by all artifices cast before them 
can be cleared. The main business of this letter by Captain Morris 
is to give an account of his very eminent sufferings and services ; his 
ship has not only been a receptacle for the loyal party but to rebels 
a prison. Colonel Jeffreys absent at the Camp at Middle Planta- 
tion with his officers. 6 pp. [Col. Entry Bk., Vol. LXXXI., 
pp. 182-187.] 

172. Governor Lord Vaughan to Sir Robert Southwell. Has 
written by all ships but as yet received no answer. Considering 
the laws were just expiring, he issued out writs of election for 
another Assembly to be convened 9th instant, and shall recommend 
to them the speedy re-enacting of the laws. Hopes they will prove 
prudent and reasonable though there are some factious people 
labouring what there can to prevent his good agreement with 
them. " Rec. 22 June, read 3 July 1677." 1 p. [Col. Papers, 
Vol. XL, No. 42.] 

173. The Commissioners for Virginia to Mr. Watkins. Send 
copy of a Commission from Sir William Berkeley to Sir Henry 
Chicheley to be communicated with their letters to Secretary 
Coventry, Sir Thomas Chicheley and Alderman Jeffreys, and 
represented to them as a manifest entrenchment upon the powers 
and authority immediately derived from His Majesty himself. 
Upon the conclusion of the Assembly and at their own request the 
Commissioners sent Wiseman to write their letters of submission to 
His Majesty, and of thanks to his Royal Highness and Lord 
Arlington, but these will be altered by Governor Berkeley and the 
Council as too submissive. The occasion of this is in behalf of 
Captain John Consett, the bearer, who, with a few other masters of 
ships here, has been a most eminent and signal sufferer, and with 
his own hand slew Groves, one of the chief of the rebels. In a 
postscript by Colonel Moryson, he is desired to confer with Alderman 
Jeffreys and sometimes to dine with him, but above all, for Jesus 
Christ's sake, to endeavour his return home, " for this country will 
make us all fools and shortly bring us to Cuddy Cuddy !" Sends 
two red birds for the Lady Duchess of Eston, Lord Arlington's 
daughter. Begs he will assist the applications of all suffering 
persons in the late rebellion. 5 pp. [Col. Entry Bk., Vol. LXXXI., 
pp. 188-192.] 

April 9-27. 174. Journal of the Assembly of Jamaica. Present : See list 
of Members, ante No. 102. The oaths administered in Council 
to all the Assembly except Clem. Richardson and Augustin Gavell 
who were sick. William Beeston elected Speaker. Samuel Long 
Clerk of the Assembly, sworn in Council; the oath; rules to be 
observed as conducing to a regular proceeding in their business 



58 COLONIAL PAPERS. 

1677. 

Voted that Acts consented to by the Council be engrossed in a 
large book in the House. Minutes of the House to be entered in a 
book apart. Committee to inquire what is the custom in England 
in the lodging of Acts and concerning Grand Committees or any- 
thing else necessary for the House to know. Forty-five original 
Acts of the last Assembly brought to the House by the Clerk of the 
Council. The House to send for the original returns or transcripts 
of the members chosen. Thanks to Mr. Howser for his sermon ; 
to be desired to say prayers in the House every morning between 
six and seven o'clock, who answered that he would give his attend- 
ance at that time. Every member not attending prayers to be 
fined lod. The House not satisfied with list of names of Assembly 
men returned by the Council, they desired to see the original writs 
with the attestations or transcript attested, Committees to acquaint 
the Governor, answered that the Clerk in Council would attend with 
the original writs to compare with the lists already sent. Debate 
on several Acts. 

April 11. Proceedings on various Acts. About enlarging the bounds of 
St. David and St. Katherine parishes. Petition of Orgueil for 
satisfaction for some negroes executed for rebellion, read. The 
Governor's query to be answered presently. Debate on various Acts. 
Voted that Peru money should not be made equal with Pillar and 
that interest of money should stand at 15 per cent, as before. 

April 12. "Report of Committee where by law the original Acts of 
Assembly ought to be lodged, arid what is the custom of the 
Parliament of England concerning Grand Committees. Resolved 
that so much as concerns the Grand Committee in above report 
shall be established as a certain rule in this House for the govern- 
ment of Grand Committees for the future. Voted that Acts passed 
twice be sent to the Council. Titles of Acts ordered to be drawn 
up by the Committees named. 

April 18-19. Debate on amendments proposed to various Acts. Voted that 
four or more surveyors of highways be chosen in each parish at 
the discretion of the Justices and Vestry. Four Acts returned by 
the Governor because it was repugnant to the custom of the Parlia- 
ment of England for him to receive them until they were thrice 
passed by the House ; but after debate they unanimously stood to 
their former vote and think not fit to recede from it. 

April 20. Debate on amendments to several Acts. Message from the 
Council to desire a free conference with the Assembly. Lassels Act 
and Bonham's Point Act thrown out. On considering how the 
conference should be managed, resolved that the Speaker only dis- 
course the sense of the House, and speak to no other matter but the 
Acts being sent to the Council when twice read. Upon the free 
conference and better information from the Governor that it was an 
unparliamentary way to send up the Acts when twice read, voted 
that Acts be passed three times before being sent to the Council. 
Proceedings on several Acts. Committee to examine the Acts fairly 
transcribed and set their hands to the copies to be kept in the 
House. 
April 24-25. Voted that after every adjournment the House be called over and 



AMERICA AND WEST INDIES. 59 

1677. 

the absent fined loc?. Debate upon various Acts and on amend- 
ments to those sent back from the Council. 

April 27. Petition of Mr. Hill praying to be empowered by an Act to sell 
part of the real estate of Captain Nicholas Hicks to satisfy his 
debts referred to a Committee for their report. [Col. Entry JBk., 
Vol. XXXVII., pp. 154-163.] 

April 10. 175. Lords Proprietors of Carolina to the Governor and Council 
at Ashley River. After such large expressions of their gratitude and 
joyful acceptance of their Lordships' proposals to remit all debts 
owing to them in Carolina, provided Colonel West was paid what 
was due to him by the Lords Proprietors, and other debts, if 
any, they themselves had contracted in Carolina and drawn on 
their Lordships, concluded they should no more be importuned 
about them or Colonel West's salary, notwithstanding bills are 
drawn upon their Lordships by Colonel West which they are 
willing to impute to any other cause than wilful neglect. For- 
asmuch as the debt owing to Colonel West is in money and the 
means they have to pay is in goods, differences have arisen about 
the valuation and other methods in payments. That disputes may 
be avoided and Colonel West speedily paid, offer " the way following 
as most equal." The account owing to Colonel West is enclosed. 
Supplies of all sorts and at moderate rates you would not want if 
you would make a rational proposal how they should be paid for, 
or would be but so industrious as to plant tobacco or any other 
thing to draw a trade to you until we can furnish you with more 
profitable plants. Understand that the Indians have made com- 
plaints that some of our people encroach upon them. Hope you 
adjusted that business to their satisfaction. Are also informed that 
some of them have injured in their persons (sic), and that one had 
his fish taken from him and was afterwards killed by the same 
person who took it. If it be not already done, pray come to an 
agreement with the Indians to their satisfaction about their bounds, 
and let none of our people encroach upon them for the future, and 
let strict inquiry be made about the death of the Indian and the 
person who did it punished according to law, that we may demon- 
strate to them that we do not approve that any should oppress or 
injure them, without which you cannot expect long to continue in 
peace or draw them to be so satisfied with our department as to 
unite with or be useful to us. Are pleased to hear you have 
arrived to such plenty of provisions, and doubt not but it will draw 
people to increase your strength to which we shall also contribute 
our endeavours. Concerning the debts due to Colonel West and 
from others. Expect the charge of Colonel West's salary in future 
to be equally borne by all the inhabitants of the Colony, and as in 
new colonies estates are not to be measured by land but stock ; hint 
the way most suitable to that purpose, an annual poll tax on 
persons and cattle, horses and hogs. Shall be well pleased if the 
Governor be paid his salary " for we pretend not to raise money on 
you without your own consent in parliament." Pray be diligent to 
exercise your men in arms, that if attacked the Indiams may have 
opinion you know how to defend yourselves and repay injuries. 



60 COLONIAL PAPERS. 

1677. 

Whatever tax they lay the Governor cannot have less than 1 0O/. a 
year. Suggestion* For raising that amount which ;i, single tax will 
not nuse, ;is cuHtonis on liquors imported, but we will never consent 
to lay any charge on goods exported, llavo a design to einploy 
an able person for discovering ;U id sounding roads, rivers, &c., and 
how far navigable for f COasidefableperseDI arc now addressing us for 
accommodation with you, and are buying in several places in the 
world plants and seeds proper for the country, and looking for 
persons skilled in planting and producing vines, mull>erry trees, rice, 
oils, and wines. This we are sure is the way of bestowing our 
money the most to our own and the place's advantage. Enclose, 

175. I. Dr. and Or. account with Colonel Joseph West, showing 
due to him for five years' salary at 601. per annum, 
from August I Ofi!) to August 1674, and two years and 
seven months salary at 100. per annum, from August 
1674 to March 1677 ; total balance due to him, deducting 
receipts, 41 U. 9. 7d. [Col. Entry Bk., Vol. XX., pp. 125- 
129.] 

April 10. 176. Lords Proprietors to the Governor, Council, and other in- 
habitants of our Province of Carolina. Whereas the country of 
the Westoes and Cussatoos, two powerful and warlike nations, have 
been discovered by the industry and hazard of Lt. Henry Woodward, 
at the charge of the Earl of Shaftesbury, and a strict peace made 
between them and our people in Carolina, their Lordships have 
thought fit for the preservation of said peace, and considering that 
if a general trade be allowed to those nations, and our people before 
our strength and numbers are increased, that our weakness may be 
discovered, ajid injuries, provocations, and quarrels may arise, 
strictly to command that no person under our government presume 
to have trade or correspondence with the Westoes, Cussatoes, 
Spaniards, or other Indians that live beyond Port Royal, or at the 
same distance from our present settlement that the Westoes and 
Cussatoes now inhabit, without license under the hand and seal of 
Lord Shftftesbury, and one or more of the Lords Proprietors, this 
order to continue in force for seven years only. Meanwhile no mnn 
hath reason to complain that he has not been left free to trade to 
the northward as far as Port Royal with those nations that lie near, 
or within convenient distance of them with whom they may with- 
out danger intermix and maintain a commerce. Such as presume 
to break these orders will be prosecuted and severely puni: hcd. 
[dul Entry Bk., Vol. XX., pp. 120, 121.] 

April 10. 177. Articles of Agreement between the Lords Proprietors of 
Carolina concerning the trade there. Whereas it is necessary for 
the safety of those people under our government upon Ashley und 
Cooper Rivers and thereabouts to take into their Lordships' hands 
for seven years the whole trade with the Westoes, Cussatoes, and 
other nations that live at a great distance from said rivers, so they 
may be supplied with commodities according to agreement. It is 
therefore mutually agreed that those who set their hands and seals 



AMKRICA AND WEST INDIES. Gl 

1677. 

to this Agreement < r before 24th June next, shall pay to 

Mr. Sax by, our Secretary and Treasurer, KM)/, each, to whom tho 
profits of such trade shall lawfully accrue, ; Dr. Henry Woodward to 
have I, he fifth p;irt of the clear profit according to agreement. 
[Col. Entry Bk., Vol. XX., p. 124.] 

April 10. 178. Lord Shaftesbury to the Governor and Council of Ashley 
River. Desires them to lot Robert Smith take up a plantation of 

(')()() acres, and Dr. Henry Woodward 2,000 acres, in some convenient 
place where they shall desire, and his Lordship will undertake for 
them that the Doctor shall bring over twenty persons and Robert 



y pel's. 

., Vol. 



Smith nix within live years, [('of. Kntrjf Ilk., Vol. XX., p. 128.] 

April 10. 179. Appointment by Henry Earl of Clarendon of Richard 
Conant l,o lie his deputy of Ashley Hiver during pleasure. [Col. 
Entry Bh, Vol. XX., p. 123.] 

April 10. 180. Appointment by Anthony Earl of Shaftesbury of Henry 
Woodward l,o be his deputy of Ashley River during pleasure. [Col. 
Entry Bk., Vol. XX., p. 123.] 

April l:i. 181. The Comniissioners for Virginia to Secretary Coventry. 
S"Hnns I'"'" 1 - Have dispatched the ketch for England without the account of the 
Assembly's proceedings. Sir Willinm I'erkcley intends to embark 
I'or Knglaml the. 20th; instant in the Rebecca, Captain Larrimoro, 
;ind c.-i.rrie:; Inuue his own aiiNwer to the articles of inquiry ami 
their interlocutory heads to which Berkeley luiH long promised an 
.in ;wcr, but now refuses to give them any at all; he lias done all he 
can to persuade the people ho Hhall certainly return Governor 
again a lew months hence. Ho has kept such a brow Upon his 
Council and the, Assembly Unit whatever he ;ipproves or dislikes, 
proposes or persuades, is only done., so the Commissioners cannot 
inform themselves of the state ol' the Militia, tho public accounts, 
&C. His system of degrading and preferring officer! after his own 
dislike or favour; instances the advancing one Hill to the chair of 
President of Charles City < 'ounty, and to be an ollieer in the Militin. 
a most notorious coward and insolent turbulent fellow. Berkeley 1 ! 
proceedings in reference to tho two patents " prejudicial to this 
Country" which his Royal Highness assured them should l>c i.ilN.I 
in ;nid v.'icatcd without any charge to the country. 2V- [Col, 
A',//./-// m-., Vl. AA'A'A'/., pi). 193-198.] 

April I::. 182. William Sherwood to Secretary Sir Joseph Williamson. 

jHinrH City, Account of (Jovernor Berkeley's persec.nl ion sinc(! the writer's 
N """"' ie| urn from iMigljuid, when he said before Colonel I'arkes thn 
genc.niJ (My of the country was against the (Jovernor and that the 
country would not be i|uietso lon^ :is he continued (Jovernor and 
Li id well Sec ret; i ry. I )e;;n-ilie: the people's gri<' vii linst ( lovcrnor 

I'erkeley :i.nd their over joy :it his going lieiiee. I'.eg:; the ( Jovernor 
may not have the, writer';: letl.ei lor he i;; IMO;;|, MI;I,| icioii, , ;\;<;in\:,i, 

him. The wurtlileaaucba of the large tuotimony of the A ,< mi.ly to 



62 



COLONIAL PAPERS. 



1677. 

the prudence of Berkeley's government, " they could not avoid 
giving him such a testimony that the country might be rid of him." 

2 pp. [Col. Papers, Vol. XL., No. 43.] 

April 13. 183. Colonel Herbert Jeffreys, Sir John Berry, and Colonel 
.Swanns Point, Francis Moryson to Secretary Sir Joseph Williamson. The Grand 
' Assembly lately risen from whom the Commissioners were pro- 
mised and expected an ample account of their proceedings, but they 
have returned home without transferring to us that satisfaction. 
Can only at present refer him to Mr. Watkins. I p. [Col. Papers, 
Vol. XL., No. 44, and Col. Entry Bk., Vol. LXXXL, pp. 199, 
200.] 

April 14. 184. Colonel Francis Moryson to Lord Culpeper. In reference 
Swanns Point, to the patents which Moryson confesses himself somewhat surprised 
to find his Lordship was now setting on foot again, the Com- 
missioners having told the country that the Duke of York was 
pleased to promise the calling in, and vacating those grants that 
were so prejudicial to this country without any charge to them. 

3 pp. [Col. Entry Bk., Vol. LXXXL, pp. 201-204.] 

April 14. 185. The Commissioners for Virginia to Mr. Watkins. To confer 
with Captain Middleton who has had a general knowledge of 
occurrences here upon the place, more particularly in the business of 
the patents, for it was he who very fortunately and prudently 
discovered to them Lord Culpeper's design of setting the same on 
foot again after his Royal Highness' commands and his own 
professions to the contrary. 3 pp. [Col. Entry Bk., Vol. LXXXI., 
pp. 205-207.] 

April 14. 186. Phillip Ludwell to Secretary Sir Joseph Williamson. 
Meeting of the Assembly for the re-settlement of the country after the 
mad rebellion. Sir William Berkeley is with all speed preparing 
to lay at His Majesty's feet an account of what has passed in the 
Colony " which indeed has been of that intricate unreasonable 
texture that I think it a task too hard for me to state in all its 
circumstances/' Is of opinion that the ground of this rebellion 
has not proceeded from any real fault in the Government, but 
rather from the lewd disposition of some persons of desperate 
fortunes. Describes the miseries caused by the rebels which he 
considers can alone be the i col grievances of the country. Duplicate 
of this letter is addressed to the Secretary Sir Henry Coventry. 
Endorsed, " Rec d from M r Cooke 17 July 77." 3pp. [Col. Papers, 
Vol. XL., Nos. 45, 46 ; also Col. Entry Bk., Vol. LXXX.,pp. 152- 
155.] 

April -. 187. Governor Sir Jonathan Atkins to Lords of Trade and 
Barhadoe. Plantations. Received their letter of 21st December last (.v t - 
previous Vol. No. 1190) on the 12th instant. "There is no person 
ever served His Majesty with more zeal and circumspection with 
Itss ends of his own than I have done/' This may be seen by the 
posture he has put this place in both in Church and State, and has 



AMERICA AND WEST INDIES. 63 

1677. 

never heard of any complaint, either to His Majesty or their 
Lordships. Cannot discover what unlucky star reigns over him in 
America, but his aim is to recover their Lordships' good opinion. 
Called an assembly on his arrival. Recapitulates the contents 
of his letter of 22nd January last to Secretary Sir Joseph 
Williamson (see ante, No. 11) and gives his reasons why he 
thought it his duty rather than otherwise to agree to the Assembly's 
address to the King, " not willing to resist utterly their desires 
lest it should make them more earnest, and by shocking with them 
at my first coming, might render me incapable of doing the service 
I had done and hope to do. This made me accompany their 
petition with a letter to Mr. Secretary Coventry for there was no 
Council of Plantations or Committee of Lords that we heard of." 
Explains his conduct in reference to the supply of negroes ; if the 
Guinea Company pursue the way they are in they must needs break 
the interloper and quietly enjoy the trade to themselves with 
satisfaction to every one, " for I have made them a plain path to 
walk in by letting the people see 'tis their interest to buy of the 
Guinea Company for so they are sure always to be supplied." 
Reasons why all the diligence in the world cannot prevent the 
landing of negroes in the night. Shall put in execution His 
Majesty's last commands, being a strengthening authority neither 
expressed in his commission nor instructions, though 'tis a hard task 
put upon Governors to square themselves in exigencies of this 
nature. If he disobeys his master he lies justly under his dis- 
pleasure, the people say he acts contrary to his commission and 
instructions, " thus is the poor Governor exposed to complaints on 
both sides, I have but this choice to obey the first and to qualify 
as well as I can the last, and so take my fortune." Bewails his 
misfortune in having taken a journey of 4,000 miles leaving his own 
interests and friends at his great charge and fall under so great 
misconstructions. Conceives he fully answered their Lordships' 
queries, but will do his best to enlighten them on what seems dark. 
Cannot yet find a way to give satisfaction as to goods imported, 
exported, and consumed in the land, for the reasons given. As to 
the estates of the merchants and factors, and the substance and 
wealth of the island, they lie under the same uncertainty. The 
number of " Sectaries " are too many ; the Anabaptists are much 
broken and have no public meeting-house ; the Quakers daily 
increase in number, subtlety, and perverseness, and are grown 
insolent from hopes of indulgence from England, sometimes four or 
five hundred at a meeting, twenty of them of some estate. There 
are ten churches all supplied with ministers, most in orders, but all 
conform to the Church of England ; many churches blown down 
by the hurricane much better rebuilt, their maintenance is by 
exhibition paid out of the parish stock which by law is assessed by 
the vestry every Easter and levyed by warrant from the Governor. 
The parsons and poor are provided for, the former commonly 
towards 100Z. sterling a year, some more as esteemed by their 
parishioners, the poor so well that not one will be seen asking alms. 
js troubled he could not send the laws sooner, they are very 



64 COLONIAL PAPERS. 

1677. 

numerous, will use all expedition possible. Will their Lordships 
explain what they mean by the word journal, for if it be the daily 
passages of this place for three years since his arrival, 1,000?. a 
year will not maintain secretaries to do it. Explains why he could 
not give as early an account of Mr. Warner as their Lordships had 
from the Leeward Isles, " there is scarce an order made at your own 
Board that comes not from the Exchange here sometimes two or 
three months before your orders come to me." Read 15th June 1 677. 
5 pp. [Col. Papers, Vol. XL., No. 47 ; also Col. Entry Bks., 
Vol. VI., pp. 164-173, and Vol. CV.,p. 63.] 

April 21. 188. Colonel Francis Moryson to Governor Berkeley. The 
Commissioners intend waiting upon him to-morrow to take their 
farewell leave of him before he goes hence. In reference to the two 
Patents they have so laboured to overthrow and the resolution of 
the House of Burgesses to a letter of thanks which he hears has 
been superseded by another letter, wherein the matter of thanks is 
omitted. Prays him to remember that he has twice himself 
superseded these patents and the charge it has been to this poor 
country, and now it may be had at so easy a price as thanks, and 
that Berkeley only is the obstructor of this good and royal Act, 
" especially when so near relations as yours and your lady's are 
concerned." Shall expect his answer which with this letter 
he shall send to the Duke of York. 4 pp. [Col. Entry Bk., 
Vol. LXXXL,pp. 208-211.] 

April 23. 189. The Commissioners for Virginia to Governor Sir William 
Berkeley. Think they deserved better than to be turned off by 
his coach and the common hangman postillion which is an affront 
not only against their Commission but themselves as gentlemen. 
Are resolved to make His Majesty a judge of this high indignity 
which they believe he well knew and was purposely sent for as a 
retainer to perform the ceremonies of yesterday. 1 p. [Col. Papers, 
Vol. XL., No. 48 ; also Col Entry Bk., Vol. LXXXL } pp. 212, 



April 23. 190. Governor Sir William Berkeley to (the Commissioners for 
(Virginia.) Virginia). Of this particular of the postillion he is as innocent as 
the blessed angels themselves. But though God suffers him to be 
accused, he has in His mercy left him a great exemplar to comfort 
him, for He suffered His only glorious Son to be accused of what he 
was not guilty of, and our late blessed King Charles the First was 
brought to his death by accusations he was not in the least manner 
guilty of. They cannot be so angry at this last misfortune as he 
is sorry for it. Never saw the fellow's face but once before. Has 
sent the negro to be racked, tortured, or whipt, till he confess ho\v 
this dire misfortune happened and hopes this will give them 
satisfaction. \p. [Col. Papers, Vol. XL., No. 49 ; also Col. Entry 
Bk., Vol. LXXXI.,pp. 214, 215.] 

April 23. 191. Lady H. Berkeley to the Commissioners for Virginia. 
Explains that neither Sir William Berkeley nor herself have the 
least thought or knowledge who was their Dostillion, and protests in 



AMERICA AND WEST INDIES. ^ 

1677. 

the presence of Almighty God that the Governor gave no order for 
the coach. Has sent her coachman to be examined to whom the 
writer gave her orders. Must say the Governor is dealt more 
severely with than ever man of his quality and character has been 
in the world, to think he could be guilty of putting so vile an 
affront upon any person that has His Majesty's stamp and 
character to secure them respect from any man but a Bacon. 
2 pp. [Col. Papers, Vol. XL, No. 50 ; also Col. Entry Bk., Vol. 81, 
p. 217.] 

April 23. 192. Memorandum in the handwriting of Secretary Sir Joseph 
Williamson. Ships lately arrived from Virginia bring news that 
last summer and autumn proved extraordinary hot and the winter 
as violently cold, and that a great distemper has from thence 
arisen amongst the inhabitants which has taken away many. Lord 
Berkeley arrived at Chester on the 18th; his reception due to a 
person of his merits and employments. Attempt of the apprentices 
on the New Exchange to keep this, St. George's Day, a holiday. 
1 p. [Col Papers, Vol. XL., No. 51.] 

April 25. 193. Governor Berkeley to Colonel Moryson. Gives hearty 
thanks for the tobacco and waters. Is so distracted with this last 
dire misfortune that he scarce knows what he does or says though 
he is innocent. Has sent the negro, and desires he may be 
examined to the quick. 1 p. [Col. Papers, Vol. XL., No. 52 ; also 
Col. Entry Bk. Vol. LXXXI., pp. 216, 217.] 

April 25. 194. Colonel Francis Moryson to Governor Berkeley. Has so 
much charity of his own as to believe his high and solemn protests 
and that it was no more possible the Governor should intend than 
ever His Majesty's Commissioners should deserve so great an 
indignity. Intreats him to take Moryson 's last letter into his 
second thoughts, seriously to consider its weighty contents, other- 
wise he must be feign to write home on purpose to his Royal 
Highness whom it so highly concerns as well as himself, "there- 
fore, good Sir, take once more my former letter in your hands a.nd 
think it worthy of a full and particular reply." Hopes the waters 
he sent will give Berkeley great relief. 3 pp. [Col. Entry Bk. t 
No. 81, pp. 218-220.] 

April 26. 195. Journal of the Lords of Trade and Plantations. Jt being 
WhitehalJ. represented that the laws of Jamaica transmitted by Lord Vaughan 
have been for a long time lying before their Lordships for their 
approbation and report to His Majesty, and that the term of two 
years for which they are to continue in force is shortly expiring, 
ordered that my Lord Chancellor and Lord Treasurer be desired to 
assist at the Committee as they shall think to appoint, when their 
Lordships will take a review of all those laws and the minutes 
taken upon the reading of them, in order to present them to His 
.Majesty with such amendments, additions, and defalcations as 
shall be agreed on and to receive His Majesty's pleasure 
thereon, 



66 COLONIAL PAPERS. 

1677. 

Three letters presented from John Downing, an inhabitant of 
Newfoundland, by his correspondents at Dartmouth, concerning 
the detaining by the Mayor and others there of the St. John's 
Merchant, nominated by an Order in Council to carry orders to 
the masters of ships fishing in the harbours of Newfoundland. 
Resolved to consider this matter when they next meet in relation 
to the fishery and plantation of Newfoundland, and John Downing, 
on behalf of the planters and those concerned for the West Country 
Adventurers, promise to give their attendance. 

Ordered, that the Attorney-General perfect the Commissions for em- 
powering persons in the Plantations to take the oaths of Governors 
prescribed by the Acts of Parliament for His Majesty's approbation. 

Sir Robert Southwell presented an account of Barbadoes and 
the Government, containing a general deduction of the most 
remarkable occurrences from the first discovery to this time, with a 
description of the country, government, &c., which is read and 
approved, and ordered to be entered at the head of the new book 
of entries (Col. Entry Bk., Vol. VI.} which is preparing for 
Barbadoes (see previous Volume of Calendar, No. 812). 

Resolved to take into consideration at an early opportunity the 
present state of the Leeward Isles in order to represent to His 
Majesty the present need of supplies to be sent thither. 

Ordered that letters be written to the Commissioners in Virginia 
by the first ships to hasten an answer to the circular letter 
and heads of inquiry sent formerly to Sir William Berkeley as 
desired by their Lordship's letter of 28th September last, and 
delivered to Sir John Berry on 16th October, which was done by 
a duplicate. Sir Robert Southwell gives account of the mis- 
carriage of the despatches sent to Sir William Berkeley on 14th 
April 167G by the death of the mate of the ship who undertook 
to deliver them. Their Lordships take notice no laws ought to 
be enacted in the Plantations concerning His Majesty's revenue 
without his particular knowledge and orders. It is further 
observed that Lord Vaughan in transmitting the laws of Jamaica 
had not sent the law concerning the revenue. [Col. Entry Bk., 
Vol. 105, pp. 22-26.] 

April 27. 196. Declaration of Colonel Herbert Jeffreys, Governor of 
Swarms Point, Virginia. That upon Sir William Berkeley's representation of his 
gima. great age and bodily weakness, and his earnest desire to retire, His 
Majesty, by letters patent of llth November last, recalled Sir 
William Berkeley home, who is now gone on his way, and appointed 
Jeffreys Governor in his stead. Calls upon the inhabitants of 
Virginia to respect and pay obedience to his title and authority, 
promising to take effectual means for the propogation of the Gospel 
and the due observance of the Lord's Day, and sets forth the 
reasons of his not having sooner assumed the Government, and 
that he will make war and extirpate their Indian enemies. 
Certified copy by Samuel Wiseman. 3 pp. [Col. Papers, Vol. XL., 
No. 53 ; also Col Entry Bk., Vol. LXXX., pp. 145-149.] 

Apiil 28 197. Secretary Sir Joseph Williamson to Sir Jonathan Atkins, 
Whitehall. Governor of Barbadoes. Takes the occasion that Mr, Chaplain 



AMERICA Atf D WEST INDIES. 67 

1677. 

now offers of paying him his compliments in acknowledgment of 
several of his letters, and to assure him of the continuance of his 
hearty service and esteem. Will nob repeat what he has discoursed 
to some of Governor Atkin's friends with relation to the station he 
holds in the King's service, as Williamson supposes he has been 
made acquainted with everything of moment. [Col. Entry Bk., 
Vol. XCIIL, p. 151.] 

April 28. 198. Governor Berkeley to Colonel Jeffreys. Thinks his 
irresistible desire to rule the country has precipitated him on that 
undertaking which can neither be justified by his Commission 
nor Berkeley's. Points out the mis-statements in his Declaration, 
and believes the inhabitants will quickly find a difference between 
Jeffrey's management and his own, and sooner if Colonel Moryson, 
be removed, who besides other advantages knows the laws, customs, 
and nature of the people, " with all which you are as yet utterly 
unacquainted." Copy for perusal of Sir Joseph Williamson. 
Received 7th June 1677. 2 pp. [Col. Papers, Vol. XL., No. 54.] 

April 28. 199. Caveat that no grant pass concerning the estate of William 
Drurnmond of James River in Virginia, the same being forfeited 
to His Majesty. [Dom. Entry Bk., Charles II., Vol. XLV., 
p. 38.] 

April 30. 200. Journal of Lords of Trade and Plantations, Sir Thomas 
Lynch and Captain Molesworth attending. The laws of Jamaica 
taken into consideration. Their Lordships having read an Act for 
the better maintenance of the Ministry, ordered the words not 
under to be left out, but at present agree to continue them for the 
greater encouragement of the Ministry (sic). And whereas in the Act 
for confirming divers Orders of Council their Lordships had thought 
fit to limit the power of the Governor to fine any person who shall 
refuse to execute the offices of judges, justices, or other civil or 
military employments to military offices only, it is now agreed that 
the law do stand as it is enacted, but that the fine be limited to one 
hundred pounds and no more. Their Lordships having likewise 
directed that where it is enacted that slaves carrying fire near cane- 
pieces shall be punished at the discretion of the Magistrate, the 
punishment do not extend to life, are now of opinion that the word 
member be likewise added. Upon the whole matter their Lord- 
ships think fit to refer the whole body of these laws unto 
Mr. Attorney-General, with the observations made by the Com- 
mittee thereupon, for his perusal and opinion how far they are 
fit to be allowed by His Majesty. And it is more particularly 
recommended to Mr. Attorney to consider of the Act declaring the 
laws of England in force in Jamaica, how far it is necessary and 
useful to the Island, how far consistent with the King's right of 
dominion, and what qualifications are proper thereunto. Likewise 
to desire Mr. Attorney to prepare a Bill (like Poynings Law in 
Ireland) directing the manner of enacting, transmitting, and 
amending these laws by His Majesty here in England. Search to 
be made in Sir Thomas Mody ford's instructions and elsewhere, 

c 2 



68 COLONIAL PAPERS. 

1677. 

what evidence can be produced that the quit rents are disposed of 
by His Majesty to the public use of the Island. Their Lordships 
think fit that all fines and penalties be applied to the King, and 
that His Majesty do instruct his Governor to what use they are to 
be appropriated. [Col. Entry Bh, Vol. CV., pp. 26-28.] 

April 30. 201. Mem. by Secretary Sir Joseph Williamson relating to the 
Laws of Jamaica. Penalties reserved to the King to be for the 
public use, how far fit to be allowed in respect of the King's 
prerogative. Gentlemen of the Assembly, the style of the Com- 
mission is the Assembly. They insist the King should wholly pass 
or reject laws, but not have power to make any amendments. 
Remarks as to the law enacting all the laws of England. 1 p. 
[Col Papers, Vol. XL, No. 55.] 

April 30. 202. Governor Notley's Commission to Colonel Henry Coursey, 

St. Maries, one o f the Council of Maryland, to conclude a firm peace with the 

arj an . S US q Ue hannahs, Cinnigos (Senecas), or any other Indians now 

unknown to us, inhabiting to the northward within or without 

the territory of the Duke of York, also to treat with Governor 

Andros, request leave to pass through his territory, and his 

assistance in procuring peace for His Majesty's subjects in Virginia 

as well as in Maryland. 2 pp. Annexed, 

202. I. Governor Notley's Instructions to Colonel Henry Coursey 
for a treaty with the Susquehannahs, Cinnigos (Senecas), 
and other Indians. 1077, April 30. 2 pp. 

202. II. Colonel Henry Coursey to Governor Notley. Wrote to 
him on the 1 9th instant. Next day came Jacob Young 
from Maryland, whose account is that eight Susque- 
hannahs killed Richard Mitton's family and immediately 
fled to the Senecas, and all the mischief has been done by 
them as they come out of Virginia. The two were shot 
by the Susquehannahs who came with the Senecas. The 
same troop took thirty of the chief warriors in the 
Susquehannah river who had been hunting to make a 
present to Governor Notley for peace. Old Colleit 
himself was coming, but was persuaded to desist for want 
of a present, but has now sent for him. Purposes per- 
suading the 26 with him to go with him to New York, 
it being Governor Andros' orders to Captain Collier to 
send them, and judges it best to knit the peace jointly 
with these two governments, not leaving Virginia out, and 
is advised to include the Piscataways, which by their 
own expressions he thinks will prove the hardest part of 
his task. Finds by the interpreter that Captain Collier 
has been an evil instrument to our Province, for the 
Senecas offered to include Maryland, and he reported that 
Maryland would make war or peace at their own pleasure, 
which incensed Governor Andros. Finds a necessity to 
carry Jacob Young with him, without whom he can do 
nothing. He says the Senecas after ten days' march fell 
out about dividing the Susquehannahe- they had with 



AMERICA AND WEST INDIES. 69 

1677, 

them, and some got away. The rest were bound, but not 
to hurt, them, for Governor Andros strives to get them to 
the Masoques (? Maquas), for Captain Delavall said if 
they had them they would make war with the French. 
On 23rd came four Susquehannahs, and with them the 
Emperor of the Delaware Bay Indians. Finds them 
all inclining to peace. Two of their chief men have 
promised to follow him to New York, and they will 
endeavour to prevent the Senecas doing any mischief. 
Hopes he shall keep all in safety in Maryland. Major 
Wells must be very watchful at that side of the Bay. 
Has given them and the Emperor of Delaware presents, 
as it is the custom when you send to speak with any 
Indians. Told the Emperor the peace shall be drawn into 
writing, with which he is well 'pleased. Is now ready 
to take horse for New York. Sends a man with this 
letter, and to bring an answer and to what he wrote 
about Mr. Rousby. Delaware river, 1677, May 22. 
3pp. 

202. III. Governor Notley to Colonel Henry Coursey. Answer 
to the preceding. Is heartily glad he has made so great 
a discovery in so short a time as to the state of the 
Indians, especially the Susquehannahs, and approves of 
their following him to New York. In cases where he 
has no positive instructions, leaves it to his own dis- 
cretion. Is glad Jacob Young goes with him. What he 
does in relation to the Piscataway Indians must and 
shall be affirmed. Will give Major Wells strict orders 
about what lie mentions. Is sorry to hear of Captain 
Collier's ill offices, pray labour to undeceive Governor 
Andros. Much approves of all his proceedings so far, 
and doubts not he will manage the rest to the great 
satisfaction of this government, the content of the 
people here, and honour of himself. If he thinks it 
necessary for the Susquehannahs to live in Maryland, 
let him endeavour so to order it, but to make a thorough 
conclusion with all Indians. Depends upon his judgment 
and discretion, but if any difficulty arises to write with 
all expedition. Not to forget to include Virginia by 
name in all articles with the Indians. 1677, June 2. 
1^. 

202. iv. Propositions made by Colonel Henry Coursey from 
the Lord Proprietor of Maryland and all the Christians 
there inhabiting, as also from the Christians of Virginia, 
to the Seneca Indians (to be made use of at the Congress, 
15th July 1677). 3pp. 

202. V. Propositions made to the Maques and Seneca Indians by 
Colonel Henry Coursey on behalf of Charles, Lord 
Baltimore, Lord Proprietor of Maryland, for all His 
Majesty's subjects in Virginia and Maryland. 



70 COLONIAL PAPERS. 

1G77. 

Answer of the Onondagas and answer of the Oneydas 
to Colonel Henry Coursey's Propositions of 20th July 
1677. 

Answer of the Maques to Colonel Coursey's Propositions 
in the Court House of Albany, 6th Aug. 1677. 

Answers of the Sinnondowannes and Cajonges to 
Colonel Coursey's Propositions in the Court House of 
Albany, 22nd Aug. 1677, Endorsed, " Rec. from my Lord 
Baltimore, 15 April 1678." 7pp. 

202. VI. Proclamation of Thomas Notley, Governor of Maryland, 

of a peace concluded at Fort Albany, New York, by 
Colonel Henry Coursey, between Maryland and Virginia 
and the Sinnondowannes, Cajonges, Onondagas, Oneydas, 
Maques, and Mattawass, or Delaware Indians. St. Maries, 
1677, Oct. 5. 1 p. Attested copy by John Llewellin, 
Clerk of the Council. Together, 7 papers. [Col. Papers, 
Vol. XL., Nos. 56, 56 i.-vi.] 

April. 203. Memorial of the Comte de Bergeyck, the Spanish Envoy. 

Touching a Spanish ship, the Buen Jesus de las Almas, with 
46,471 pieces of eight, seized by Captain Bennet near San Domingo, 
and other hostilities committed by him on the coast of Hispaniola. 
With reference from Secretary Coventry to the Lords of Trade 
and Plantations to examine the matter and report their opinion to 
His M'ajesty. 1677, April 10. English translation. Also Minute 
of Lords of Trade and Plantations. Sir Thomas Lynch to have a 
copy of this Memorial and return account how far he is acquainted 
with this fact. A letter was accordingly sent to Sir Thomas 
Lynch with copy of this Memorial. Whitehall. 1677, April 30. 
A nnexed, 

203. I. Sir Philip Lloyd to Sir Thomas Lynch. Sends the above 

Memorial about a piracy committed in the West Indies by 
Bennet an Englishman, upon which the Lords of Trade 
and Plantations desire him to report what he knows about 
the matter of fact. 

203. II. Sir Thomas Lynch to Sir Philip Lloyd. Encloses a 
narrative of what he knows of Bennet and the brigantine 
that took the Spanish prize. Dares not presume to direct 
what should be answered to the Memorial, though the 
matter be obvious enough, for the brigantine was run 
away with, and the Governor of Jamaica was at great 
charge in endeavouring to retrieve her. Neither she, her 
men, nor any English that had French commissions, ever 
came into any port in Jamaica which the Governor knew 
of. The vessel was in the French Governor's power. 
Bennet had Frenchmen on board, French commission, 
fought under French colours, had the piize condemned 
and adjudged in French ports. Does not see how His 
Majesty's Government can be charged with the mis- 
demeanours of particular persons, that they would punish 
if they had the power, or why the Spanish Minister here 



AMEBICA AND WEST INDIES. 71 

1677, 

complains, since the King has subjects that serve them as 
well as the French. Leicester Fields, 1677, May 3. 

203. III. The Narrative above referred to, endorsed " Bee. from 

Sir T. Lynch concerning Bennet, a Privateer." 1677, 
May 3. [Col Papers, Vol. XL., Nos. 57, 57 I.-IH., and 
Col Entry BL, Vol. CV., p. 28.] 

April, 204. Petition of Thomas Winford, gentleman to the King. That 

petitioner's brother William, merchant, fourth son of Sir John 
Winford, and others were taken by the Spaniards in August last 
from aboard a ship belonging to Jamaica and are now detained 
prisoners in the Havanna and used in a most barbarous manner. 
Prays His Majesty to obtain an order from the King of Spain to 
the Governor of the Havanna for discharging petitioner's brother 
his servant and all others. With reference from Secretary 
Coventry to Lords of Trade and Plantations to report what they 
think fit to be done for petitioner's relief. Whitehall, 1677, 
April 10. Annexed, 

204. I. Report of Lords of Trade and Plantations to the King. 

That orders be sent to Sir William Godolphin, Ambassador 
at Madrid, to solicit the release of all the said prisoners 
and that Lord Vaughan, Governor of Jamaica, receive 
instructions to make the like demand at the Havanua. 
Also that the Spanish Envoy residing here he desired to 
interpose his endeavours to this effect. Draft. 4 pp. 
[Col. Papers, Vol. XL., Nos. 58, 58 I. ; see also Col. Entry 
Bk., Vol. CV.,p. 28.] 

Apr.-Aug. 205. Charles Bertie to Sir Robert Southwell. My Lord 
Treasurer desires you will peruse the enclosed, and having fully 
informed yourself of this matter that you report your opinion to 
his Lordship. Wallingford House, April 30, Annexed, 

205. i. The state of the case touching the ship Virgin of 

London, 130 tons and her lading, Edmund Cook, Master, 
taken in 1673 by the Spaniards in the West Indies. 

205. n. Report of Sir Robert Southwell to the Lord Treasurer 
on the case of the ship Virgin. 1677, May. Draft with 
corrections. 4 pp. 

205. in. Order of the King in Council. Referring the case of 
the merchants, owners, and freighters of the ship Virgin 
to Sir Richard Lloyd, Surrogate to the Judge of the 
Admiralty, and directing that Secretary Coventry write 
to Sir William Godolphin, Ambassador in Spain, acquaint- 
ing him how His Majesty is pressed in this case and has 
under consideration the granting these letters of reprisal. 
Whitehall, 1677, July 24. 2 pp. 

205. iv. The King to Sir W. Godolphin. To the same effect aa 
the preceding Order in Council. Whitehall, 1677, July 31. 
I p. 

205. v. Lord Ambassador Godolphin 'a Memorial to the King of 
Spain, demanding satisfaction for the losses and damages 



COLONIAL PAPERS. 

1677. 

suffered by the owners and freighters of the Virgin 
and annexing narrative of proceedings in this case. 1677, 
August 10. Spanish. 8 pp. 

205. VI. The English Ambassador's letter and Memorial about 
the Virgin. "Read, 11 Feb. 1680." 

205. vn. Deposition of Matthew Fox in the case of the ship 
Virgin. 1 p. 

205. VIII. The case of the merchants concerned in the loss of 
the ship Virgin as briefly stated and presented to His 
Majesty by Sir Richard Lloyd and Sir Thomas Exton 
being authorised so to do by His Majesty's Order in 
Council of 24th July, 1677. 'Printed. 3pp. Together, 
9 papers. [Col. Papers, Vol. XL., Nos. 59, 59 I.-VIIL] 

Apr.-Sept. 206. A manuscript volume of "Laws and Statutes made by 
Lord Vaughan at Jamaica in the 29th year of His Majesty's 
reign " and transmitted to the Secretary of State and the Lords 
of Trade and Plantations, with list of contents, viz. : Eight laws 
made 9th April 1677, six laws made 20th August, and 12 laws 
made 6th September 1677. These appear to be the laws which 
were considered by their Lordships at several meetings in Sep- 
tember, October, and November following when they were altered 
and amended as seen in these copies. The preamble of each law, 
" Be it enacted by the Governor's Council and Representatives 
of the Commons of this Island now assembled " is struck out 
and written over, " Be it enacted by the King's most excellent 
Majesty by and with the consent of the General Assembly," 
and there are numerous other alterations and omissions in the 
text of these laws. 50 pp. [Col. Entry Bk., Vol XLL] 

May 1. 207. Commission from the Commissioners for Virginia to Colonel 

(Virginia.) George Jordan and Major Theophilus Hone. To inquire into, take 
account of, and report to said Commissioners what estates, real and 
personal, have been forfeited or seized for or in the late rebellion 
within James River, New Kent, and York Counties, and by whose 
order, that same may be returned to the Lord High Treasurer of 
England. 2 pp. [Col. Papers, Vol. XL., No. 60 ; also Col. Entry 
Bk., Vol. LXXXI.,pp. 287-289.] 

May 1 ? 2. 208. Minutes of the Council of Jamaica. Two Bills read a 
third time and passed, and two Bills brought from the Assembly. 
A Committee appointed to confer with the Assembly about the 
Act of Privileges which was afterwards sent to the Assembly with 
the amendments noted. 

May 4. Further amendments on said Act of Privileges, some of which 
are consented to, others not consented to. Committee from the 
House attend with the message that they adhere to their own 
amendments, that it is the just right and inherent privilege of His 
Majesty's subjects in this island to have the benefits of the laws of 
England, and therefore until their Bill of Privileges be made into 
an Act they think not fit to proceed on any further business, but 



AMERICA AND WEST INDIES. 73 

1677. 

intend to adjourn for a month. Upon which the Governor sent 
for the Speaker and Assembly, and they conferred together. Then 
a Committee came to acquaint the Governor and Council that in 
order to a better agreement of both Houses, they would appoint a 
Committee of Council to meet a Committee of Assembly to draw 
up a now Bill, but it was answered that it was altogether un- 
parliamentary to draw a Bill in both Houses at once, to which the 
Assembly replied they would venture to begin the Bill in their 
own House. 

May 16. Various Bills read, and debate on the first and second reading of 
the Bill for governing the Militia. 

May 17. Bills consented to, message of thanks from the Assembly for 
the Governor's ready consent to their Bills, and that they would 
proceed cheerfully in all their business, and that nothing in them 
should be wanting to make a happy conclusion to this Session. 
Several Bills sent up which had passed their House. 

May 18. Several Bills read a second and a third time and passed. 

May 19. Proceedings on several Bills, and provisoes to the Act of the 
Militia. 

May 21. Debate on amendments to several Bills. 

May 22. Conference on certain clauses of the above. 

May 23. The Bill for governing the Militia read a third time, with the 
amendments, and passed, as well as several other Bills. 

May 25. Adjourned to the 6th June. 

[Col Entry BL, Vol. XXXV., pp. 568-588.] 

May 1. 209. Journal of the Assembly of Jamaica. Several Acts read 
the first time, others the second time and the third time. Com- 
mittee to wait on the Council to be informed of the practice of the 
Parliament in England in reference to amendments to Acts. 

May 2. Voted that Acts read three times in the House be signed by the 
Speaker before being sent to the Council. Resolved that St. Anne's 
should not be a free port. On motion whether the House should 
stand by their own Act of Privileges, or consider the Act sent in 
by the Council, voted to abide by their own Act, not finding it any 
way infringes the Governor's Commission. Upon this message 
the Council desire their own Act to be returned to them. Com- 
mittee appointed to confer with Committee of Council thereon. 
Report of the Committee of the House, the result being that the 
Council excepted against all in our Bill which was not contained 
in theirs, and desired that the next conference might not be so 
frivolous as this. 

May 3. Committee appointed to compare all Acts transcribed, and bring 
them in attested. Debate in conference on the Act of Privileges, 
which was again read, and the amendments of the Council debated, 
some were assented to, and some were dissented to. 

May 4. The Act of Privileges with the Council's amendments read the 
third time, and the same amendments assented or dissented 
to, as in the first and second readings. Voted that no leave 
be given to any Member to absent himself at the next meeting. 
Message from the Council that they adhered to their amendments. 



74 COLONIAL PAPERS. 

1677. 

Unanimously'voted that the House adhere to their amendments 
in said Act. Message delivered to the Council by a Committee 
of the House. The further proceedings are dbstrctcte4 in the 
previous Minutes of Council. 

May 5. Moved that the House adjourn to 10th May. 
May 10-12. Debate on the Act of the Militia and other Acts. 
May 15, 16. Mr. Richardson, who by reason of his sickness had not before 
oiven his attendance, sworn. Debate on amendments to various 

O * 

Acts. 

May 17, 18. The Speaker and Assembly sent for by the Council when the 
Governor signed several Acts. Thanks of the House to his Excel- 
lency. Proceedings on various Acts. Voted that Mr. Speaker 
write to Augustine Gavell, Member of the Assembly, to order him 
to give his attendance, or show cause for his absence. 

May 19. Several Bills read a third time. Debate on amendments to 
others. Petition of Mr. Green whether the Marshal ought not to 
take as effects a parcel of pots and not his body ; voted that pots 
are not accounted effects. Consideration of the case of (Thomas) 
Martin ; relation of his conduct to the Governor and his remarks 
on the Assembly, that to induce the Governor to admit him to his 
place (as Receiver) he had once offered him a bribe, and laid down 
a purse of gold upon the couch, and that the Governor then told 
him he mistook his man, and was like then to have broke his 
head. Voted that Martin had broken the privileges of the House, 
for which reason he ought to be committed. The Marshal was 
ordered to bring Martin to the Bar of the House, and he was 
committed till further order, as was also Mr. Story, said Martin's 
attorney. Message to the Governor, informing him of the above, 
and thanking him for preserving their just rights and privileges, 
and assuring him that the House would on all occasions be 
as careful to defend his Honour. About a conference of both 
Houses. 

May 22. Proceedings on various Bills and Mr. Ryves, and the Bill filed in 
Chancery by Martin. Fees to be paid by persons committed by the 
House. Story called to the Bar of the House, but refused to 
make his recantation in the form set forth, acknowledging that 
filing a Bill in Chancery against the Speaker and Thomas Ryves 
on behalf of Martin was against the undoubted rights and 
privileges of the House, and that he deservedly suffered punishment 
and so was remanded to prison till further order. 

May 23. Resolved that there be a Conference with the Council to compose 
the differences concerning the amendments to the Bill of non- 
claims. Mr. Speaker acquainted the House with a letter he had 
received from Martin, which was read, praying for a hearing. 
Committee appointed to inquire into Martin's business. Petition 
of Story not thought fit to be taken notice of. 

May 24. Message from the Council about the conference asked for, 
which was consented to. Various Bills advanced a stage. 
Petition of Edward Story, attorney-at-law, read, and he ordered 
to be sent for, and upon his submission and signing the above 
entered recantation, he was released, paying the fees. Debate on 



AMERICA AND WEST INDIES. 



1677. 



May 25. 



May 3. 

Council 
Chamber. 



May 3. 



May 3. 

Somers 

Islands. 



various Bills. Report of Committee on Martin's business. Voted 
that his report to the Governor that the House laughed at His 
Majesty's patent is altogether false and untrue. Various Bills 
advanced a stage. Thomas Martin sent for to the Bar, and the 
articles drawn against him read in his presence, and was not 
allowed to reply verbally, but to give his answer in writing. 
Debate on several Ats. 

Proceedings on various Acts. Adjourned to 6th June. [Col. 
Entry Bk., Vol. XXXVII., pp. 163-174.] 

210. Report of Lords of Trade and Plantations to the King. 
Have lately received letter from Governor Atkins, dated 6th De- 
cember last, that Barbadoes is provided with all sorts of ammunition 
except match. Humbly offer to His Majesty that Sir Thomas 
Chicheley, Master of the Ordnance, be ordered to send Governor 
Atkins a convenient quantity of match. 1 p. [Col. Papers, 
Vol. XL., No. 61.] 

211. Sir John Heydon, Deputy Governor, and Council to the 
Somers Islands Company. The printed book entitled " The Just 
and Unjust Proceedings of the Somers Islands Company," sent by 
Mr. Trott in the magazine ship, they have by proclamation 
endeavoured to recover into their hands, but cannot hear of above 
16 or 17 of them, which they have, according to order, caused to 
be burnt at St. George's, near the pillory and whipping-post, by 
John Bristow, Provost- Marshal. [Extract.'] Signed by Sir John 
Heydon, John Rawlings, Arthur Jones, John Darrell, junr., Thomas 
Dickinson, Thomas Scrogham, and Christopher Burrowes, and 
Henry Tucker, secretary. Certified copy by Henry Tucker. [Col. 
Papers, Vol. XL, No. 62.] 

212. Henry Tucker, Secretary by order of the Governor and 
Council to the Somers Islands Company at Saddler's Hall, Cheapside, 
London. Send attestations against George Bullen, and the person 
himself prisoner in the magazine ship, for dangerous words spoken 
against the King, " not thinking it safe to make any proceed 
against him here until order be given unto us according to Hi& 
Majesty's law in such cases made." Annexed, 

212. i. George Bullen to Sir John Heydon. Begs he may be 
permitted the privilege to go aboard the ship in which he 
is to be sent to England where he may be serviceable, 
or that he may go the voyage he was bound upon. For 
the words testified against him he was overcome with 
drink and not himself. 1677, May 7. Certified copy by 
H. Tucker. 

212. II., in. Declarations of Samuel Newton, Elizabeth Keele, 
and Ann Atwood of the treasonable words spoken by 
George Bullen, master's mate of Abraham Knott's 
Ketch of New England, "That the King was a very 
swarthie man in the face, but of a cleere skin, and he said 
if I were a judge and he brought before me, I would 



76 COLONIAL PAPERS, 

1677. 

hang him for his look." 1677, May 2. N.B. From an 
extract of a general letter of the Soiners Islands Company, 
dated 1st October 1677, printed in Lieutenant-General 
Sir J. H. Lefroy's " Memorials of the Bermudas," Vol. II., 
p. 460, we learn that, after George Bullen had received 
some days imprisonment in the Tower, His Majesty was 
graciously pleased to pass by his offence and order his 
discharge. [Col. Papers, Vol. XL., Nos. 63, 63 i., n., in.] 

May ^-. 213. Governor Sir Jonathan Atkins to Lords of Trade and Plan- 
Bai-badoea. tations. Is endeavouring to prepare the laws to send. The new 
Assembly will meet on the 15th and give them a ready dispatch. 
Has inquired as far as he could, but made little progress, in the 
estates of merchants and others ; to make public inquiries puts 
the people into strange jealousies and confusions, as happened in 
Lord Willoughby's time, when the people generally declared against 
that proceeding, said their estates were their own and none else 
had to do with them, and that they would keep them. Explains 
the umbrage taken from some of Lord Francis Willoughby's 
actions, who called in question some lands set out by the first 
Earl of Carlisle, called the 10,000 acres put into the hands of 
trustees approved by the creditors for payment of his lordship's 
debts. Finds an objection in His Majesty's letter to his speaking 
of discouragements, and not naming what they are 'tis meant of 
new plantations or new settlements, which he explains. Excuses 
for being constrained to give long discourses for letters. Has heard 
nothing of the French since their engagement with the Dutch, who 
are in a most miserable condition at Tobago, many coming hither 
to get shipping for England, and a great number dead. 2 pp. 
Rec. 2()th July. [Col Papers, Vol. XL., No. 64. Col Entry Bk. t 
Vol. VI., pp. 175-177.] 

May 3. 214. Attestation signed by Colonel William Ball and Dr. Walter 
Whi taker, that (Mathew) Bentley, a shoemaker, notoriously known 
to be a very great actor and abettor in the late rebellion, who had 
often said he would be like death, and spare neither man, woman, 
nor child, was discharged without any trial. 1 p. [Col. Papers, 
Vol. XL.', No. 65.] 

March 3-4. 215. Journal of Lords of Trade and Plantations. Letter read 
Whitehall, from Sir Jonathan Atkins of T 6 Dec. (see preceding Volume, 
No. 1174). It is agreed to report to His Majesty as follows (see ante 
No. 210), it not appearing that His Majesty had ever sent any 
stores to Barbadoes for which payment was not to be made 
there. Also was read another letter from Governor Atkins of 
-% February (see ante No. 48). 

In pursuance of the King's order (see ante No. 97,) their Lord- 
ships met to find out what is proper to be done for security of 
the fishery of Newfoundland, and settlement of that plantation, 
both parties concerned called in; their Lordships' report of 15th 
April 1675 (see previous Volume of Calendar, No. 524) and Sir 



AMERICA AND WEST INDIES. 77 

1677. 

Johu Berry's letter to Sir Robert Southwell having first been read, 
Counsel on behalf of the Adventurers argues that the manner of 
catching fish by ships is very ancient and the plantation settled of 
late years, since which the fishery is very much decayed by reasons 
of abuses committed by the planters. That they debauch the 
seamen, destroy the stages, and are of no security or strength 
against any enemy in time of war, and that in time of peace His 
Majesty's sovereignty is sufficiently provided for by the yearly 
sending out of ships, by which possession is actually maintained for 
half the year. That the French have so large a tract of land, and 
so great conveniency of harbours to exercise their fishery, as that 
they will not easily be provoked to encroach upon us or disturb our 
fishery. Mr. Perrot being sworn alleges several instances of 
injuries he supposes to have been done by the inhabitants 
to the Adventurers. Benjamin Scutt assures their Lordships the 
fishing ships are forced to leave England six weeks sooner by 
reason of damages done by the planters, that of late years the fishery 
is decreased one half upon the encouragement the inhabitants have 
received out of England. That upon renewal of the Western 
Charter two years ago, whereby no person was to inhabit within 
six miles of the shore, the trade again revived, and last year 7,500 
men went out on fishing ships besides those on the sack ships. 
Mr. Pollexfen also sworn to the same effect. Counsel on behalf of 
the Planters deny what is alleged against them and offer to give 
security not to destroy the stages of the fishermen or do them any 
injury and conceive in case the Plantation ceases, His Majesty can by 
no means secure his right to the country. Besides that the planters 
are already settled there by virtue of former patents, whereby the 
soil is granted to them. John Downing, as agent for the planters, 
assures their Lordships he has frequented the island above thirty 
years, that there is a colony of one hundred and fifty families 
amounting to sixteen or seventeen thousand souls (sic). That the 
fishermen belonging to the ships at their departure pull down their 
stages for firing on board, and ruin the flakes to brew drink. That 
the planters are very useful to them in keeping their stores, and he 
had one year six hundred hogsheads of salt in his custody for the 
fishermen. And by Sir John Berry's order, undertook to preserve 
their stages preferring the admiral to make good all damages. That 
it is impossible for the planters to inhabit six miles from the shore, 
all their houses are near the water and none farther off than a 
quarter of a mile. He affirms the French have at least 250 families 
of about 2,000 men and 400 soldiers, that the King of France daily 
encourages the plantation, so it is much increased since 1670, and 
the French have at length exempted themselves from the impost of 
five fish for one hundred arid twenty which they paid to the pro- 
prietors in Sir David Kirke's time, and during the late usurpation 
unto the men of war that were sent thither. That the French forts 
are not maintained for the security of the beaver trade against the 
Indians, there being none that live, or ever come near the French 
plantations. That we ought to be more apprehensive of the growth 
of the French Colony as to near to outs, from Placentia Bay to 



78 COLONIAL PAPEKS. 

1677. 

Trinity harbour but three miles. Mr. Downing's account of how the 
inhabitants employ themselves after the fishing ships are gone 
away and during the winter season. Captain Davis who had been 
many years in Newfoundland says if the inhabitants be obliged to 
desert the island, the French will immediately possess themselves of 
it and destroy our fishery. Several points may be made defensible, 
as St. John's Harbour, which is of so great a strength as De Ruyter 
confessed if there had been six guns mounted he could have done 
the ships no injury. That the abuses against the charter are 
practiced by the ships' companies who cut down their stages. All 
persons being withdrawn their- Lordships agree to report to His 
Majesty according to these several informations, with their opinions 
that no alteration be made this year in relation to the Colony or 
the fishery. And meanwhile that three Commissioners be sent over 
with the convoys to enquire into the French trade and plantation, 
and the present complaints. 

May 4. Instructions to be given to said Commissioners considered and all 
means to be used to get information from France as to their trade 
and plantation. Report made to His Majesty in Council which is 
ordered to be referred back to hear the Western men and planters 
and consider of fit regulations to prevent the adventurers receiving 
any prejudice from the planters. [Col. Entry Bk., Vol. CV., 
pp. 3] -38.] 

May 4. 216. The Commissioners for Virginia to Mr, Watkins. The 
Swanns Point. l a t, e base indignity thrown upon them by Sir William Berkeley 
they wish Secretary Coventry to be acquainted with, in having 
appointed the common hangman to be their postillion from Green- 
spring to the landing-place, instead of the usual postillion, of which 
abuse be Berkeley never so innocent yet the whole country rings 
of the public odium and disgrace cast upon us, which will not be 
easily defended considering by whom it was done. " My Lady 
(Berkeley) went into her chamber and peeped through a broken 
quarrel of the glass to see how the show looked, but God be 
thanked we had the grace and good luck to go all the way on foot 
this trick looks more like a woman's than a man's malice." 
Sir W. Berkeley has not advised with them upon any one 
particular instruction, nor has he settled any peace with the 
Indians. They have reduced some of the Indians to their duty, 
and have examined several Kings and Princes to meet them at the 
Middle Plantation for the making a general peace, after which 
they will return home and make good their charge against 
Berkeley. Endorsed, " Kec d 5 July 1677." 3 pp. [Col. Papers, 
Vol. XL., No. 66 ; also Col. Entry Bk Vol. LXXXI.,pp. 221- 
231.] 

[May 4.] 217. Petition of the Royal African Company to the King. 
Complaining that several persons, in particular George Pains 
and John How, trade within the limits of their charter, carrying 
negroes thence to the plantations, and boast that if resisted they 
will fight. That the ship Blossom is now in the Thames, which 



AMERICA AND WEST INDIES. 79 

1677. 

though entered for the Canaries, petitioners are well assured is 
bound for Guinea, thence to proceed with blacks to the Plantations. 
Pray for such remedy as to His Majesty shall seem meet. 
Annexed, 

217. I. Order of the King in Council. Referring above petition to 
the Commissioners of Customs, and ordering them to take 
security from the Blossom if needful. 3 pp. [Col. Entry 
Bk., Vol. I., pp. 69-71.] 

May 6. 218. Representation of Edward Randolph. The state of New 
England depending before the Lords of Trade and Plantations 
is reduced to two heads, viz., matter of law and fact. Matter 
of law arises from the title claimed by Mason and Gorges, 
and the right of Massachusetts, which are referred to the Lord 
Chief Justices for their opinion. Matters of fact concern the King 
as well, and against the Government of the Massachusetts these 
articles will be proved : (1.) That they have no right to land or 
government in any part of New England and have always been 
usurpers. (2.) That they have formed themselves into a common- 
wealth, denying appeals to England, and do not take the oath of 
allegiance. (3.) They have protected the late King's murderers 
contrary to the Proclamation of 6th June 1660 and letters of 28th 
June 1662. (4.) They coin money with their own impress. 
(5.) They, have put to death for opinion in matters of religion. 
(6.) They opposed in 1665 the King's Commissioners, and by 
armed forces turned out the King's Justices of the Peace in 
contempt of His Majesty's declaration of 10th April 1666. (7.) They 
impose an oath of fidelity to their Government to all within their 
territories. (8.) They violate all the Acts of Trade and Navigation 
to the loss of 100,000. yearly to His Majesty's customs. Reasons 
inducing a speedy determination : (1.) His Majesty hath an 
opportunity to settle that country under his royal authority with 
little charge, Sir John Berry being now at Virginia, and New 
England lying in his way home, where are many harbours free 
from the worm, convenient towns for quartering soldiers, and 
plentiful accommodation for men and shipping. (2.) The earnest 
desire of most and the best of the inhabitants to be under the King's 
government. (3.) The Indians on settlement of that country it is 
presumed would submit, and would be useful for improving the 
country, there being upwards of 300,000 English there. Proposals 
for settling the country:- (I.) The granting of a pardon on 
conviction of having acted with contempt to the King's authority 
will make the most refractory comply. (2.) A declaration of 
confirming possession of lands and houses on payment of an easy 
quit-rent, and the granting of liberty of conscience .in matters of 
religion. (3.) The King's commission to the most eminent persons 
for estates and loyalty to consult for the safety of the country and 
the allowance of a pension with some title of honour to the most 
deserving magistrates will cause a general submission. " Rec d from 
Mr. Bridgman 6 May 1667. Mem. 13 May Mr. Sec. Williamson 



80 COLONIAL PAPERS. 

1677. 

acquaints their Lordships that His Majesty had referred it to 
them." 2 pp. [Col Papers, Vol. XL., No. 67.] 

219. Copy of first part of the preceding with slight alterations. 
" Read at Council 7 June, 8 June, 12 June 1677. Original remains 
in Council Chamber." 2 pp. [Col Papers, Vol. XL., No. 68.] 

220. Copy of preceding, with minute that it was presented 
to the Committee for Foreign Affairs, referred to the Committee of 
Plantations by His Majesty's Order, signified by Mr. Secretary 
Coventry 31st May, and read 7th June. [Col. Papers, Vol. XL., 
No. 69 ; also Col. Entry Bk., Vol. LX., pp. 206-209.] 

May 7. 221. The Duke of York to Governor Andros. Acknowledges 
letter of 1st November. Is glad to find the quiet condition of his 
government, notwithstanding the late troubles in his neighbourhood. 
Authorises him to publish the Duke's pleasure to continue the same 
rates and customs for three years longer. Agrees to his request to 
visit England, if he comes away at the end of the summer with 
the latest shipping, so as having the winter to himself he may be 
ready to return with the first ships that go in the spring. Grants 
his request touching the 200. advanced by the Duke's Treasurer, 
which he freely gives, and will on all occasions be mindful of his 
diligence and faithfulness. p. Printed in New York Documents, 
Vol. III., p. 246. [Col. Entry Bk., Vol., LXX., p. 24.] 

May 7. 222. Sir John Werden to Governor Andros. Sees by his 
St. James. General Account sent to Sir Allen Apsley that by the balance to 
1st October (1676) His Royal Highness was creditor 126. 12s. 7d., 
which gives some hopes he may in time have returns for his 
expenses, since already the receipts come to equal (at least the 
payments). Thinks he does very wisely to make Dyre's payments 
as frequent as he can, for though he be sensible of his error in 
giving credit in the customs (which he excuses from former practice 
and want of ready money), and would not venture to do the like 
hereafter, yet the practice of frequent reckonings is of great use to 
make men just ; thinks he means very honestly and deserves as 
muchTviudess as is consistent with the security of the revenue. 
It is still the Duke's pleasure that nothing further be done touching 
the bounds towards Connecticut ; believes a time may come, either 
on a regulation of matters in New England or some other way, 
when His Royal Highness may without scruple insist on all his 
rights ; there is no question as to the northern bounds, which have 
always been esteemed to extend as far as the lake or river of 
Canada, and the French have no colour to pretend right of conquest 
from any of their invasions there, unless they had such possession 
before the Dutch were settled in Albany, which he believes is 
nothing so. Repeats Sir John King's opinion concerning Delaware, 
that it is not worth the Duke's while to pass a patent for it alone, 
he being already possessed of it as an appendix to New York 



AMERICA AND WEST INDIES. 



81 



1677. 



May 9. 

Whitehall. 



May 9. 

Whitehall. 



May 10. 

Whitehall. 



gained by Andros' predecessors. If he comes for England this 
next autumn will see what can be further done ; would be glad it 
were confirmed in the Duke's possession by a better title. Could 
give no encouragement to the wife of Mr. Phillips in her desire to 
buy a Dutch ship in hopes to make her free, but dissuaded her 
from it by reason of the strict orders of late prohibiting any of 
those practices, though frequent heretofore, and the Customs are 
very strict in opposing all such endeavours. The greatest news 
here is the meeting of Parliament on the 21st instant ; wishes it 
may be for as much good as the last meeting, wherein a sum of 
money was given for building 30 ships of war and the additional 
duty of excise continued for three years, worth about 100,000^. per 
annum. If pp. Printed in New York Documents, Vol. ///.> 
pp. 246, 247. [Got. Entry Bk, Vol. LXX., p. 25.] 

223. Order of the King in Council. Approving Report of Lords 
of Trade arid Plantations of 3rd instant (see ante, No. 210), and 
ordering Sir Thomas Chicheley to send a convenient quantity of 
match to Governor Atkins, upon such terms as have been practised 
in cases of like nature. [Col. Entry Bk., Vol. VI., pp. 151, 152.] 

224. Order of the King in Council. On petition of Lieutenant- 
Colonel William Stapleton, Governor of the Leeward Isles, setting 
forth the condition of said islands, the great want of men, arms 
and ammunition, and of a frigate for their better defence, and the 
arrears of pay due to the soldiers there. Referring same to Lords 
of Trade and Plantations to enter into a serious inquiry and make 
a full report to His Majesty of all things necessary for the safety of 
said islands. Enclosed, 

224. I. Petition of Lieutenant-Colonel William Stapleton to the 

King above referred to. Endorsed, " Read at the Committee 
10 May 1677." [Col. Papers, Vol. XL., Nos. 70, 70 L, 
and Col. Entry Bk., Vol. XLVI., pp. 196-200.] 

225. Journal of Lords of Trade and Plantations. Consideration 
of the present state of the Leeward Islands. Ordered that 
Colonel Stapleton's Answer to the Heads of Inquiry, dated 22nd 
November last (see previous volume of this Calendar, No. 1152), 
be read. And besides the particulars of the great wants of those 
Islands, it is thought fit that application be made to His Royal 
Highness (the Duke of York) for a commission to Colonel Stapleton 
to be Vice-Admiral there. Ordered that Colonel Stapleton bo 
required to send over all the laws now in force, and to return a 
more particular account of the number of whites and blacks, 
men, women, and children. Having proceeded as far as the 21st 
article, their Lordships refer the rest to another time. Ordered 
that the Master of the Ordnance be desired to furnish their 
Lordships with an account of arms and warlike provisions sent to 
the Plantations since His Majesty's return, and how paid for. 
Order of the King in Council of 9th May read, with Colonel 
Stapleton's petition, whereupon their Lordships agree to report 



83072. 



82 



COLONIAL PAPERS. 



1677. 



May 10. 

Whitehall. 



May 10. 

Whitehall. 



May 10. 



to the King the state of the Leeward Islands and to repeat the 
several particulars of their "Report of (3rd) February 1676 (see 
previous volume, No. 808), and to set forth that the wants are in 
no part decreased, but grown greater and more pressing. Ordered 
that the Agents, Captain Gorges and Mr. Freeman, bring in 
account of the arrears due to the Governor and the Companies. 
Also that care be taken to provide a seal for the Leeward Islands, 
and that Mr. Harris make haste to finish it. 

Having perused all the laws of Jamaica transmitted by Lord 
Vaughan, ordered that their Lordships' minutes thereon be sent 
to the Attorney-General, together with said laws. The letter to 
the Attorney-General. [Col. Entry Bk., Vol. CV., pp. 39-42.] 

226. Sir Philip Lloyd to Mr. Attorney-General. The Lords of 
Trade and Plantations having perused the laws of Jamaica, refer 
them for his consideration, with their minutes thereon, for his 
opinion how far they are agreeable to the laws of England and His 
Majesty's right of dominion in those parts. He is particularly 
desired to consider the Act declaring the laws of England to be 
in force in Jamaica, how far necessary and useful to the island 
and consistent with His Majesty's interest. Likewise to prepare a 
Bill like Poyning's law in Ireland, directing the manner of enacting 
laws in Jamaica, the transmitting them, and how to be received 
after His Majesty's amendments and additions. Sends also the 
Governor's commission and instructions the foundation of these 
laws. He has the objections of two merchants to the Act against 
suing persons for foreign debts " This was returned with the laws 
of Jamaica, 22 Sept. 1677." 1 p. [Col. Papers, Vol. XL, No. 71.] 

227. Sir Philip Lloyd to the Master of the Ordnance. The 
Lords of Trade and Plantations desire him to transmit an account 
of the arms, ammunition, and other warlike provisions sent to the 
Plantations before and since His Majesty's restoration, with the 
dates and value. Annexed) 

227. i. The account above mentioned which shows that warlike 

provisions and stores were sent to the Bahamas, Barbadoes, 
to the amount of 8,695?. ; Bermudas, Cape Corso, Carolina, 
New England, 2,437?. ; Guinea, 645?. ; Hudson's Bay, 
Jamaica, 18,922?. ; Leeward Isles, 2,579?. ; Montserrat, 
Nevis, Virginia, 5,625?., and New York, 2,158?. Total to 
all these plantations, 44,237?. Office of the Ordnance. 
1677, May 22. [Col. Papers, Vol. XL, No 71* j also 
Col. Entry BL, Vol. XCVIL, pp. 40-45.] 

228. Humble remonstrance and address of the inhabitants of 
Charles City County, Virginia, to Herbert Jeffreys, Sir John Berry, 
and Francis Moryson, His Majesty's Commissioners for Virginia. 
A long document of sixteen pages, chiefly against the ill-manage- 
ment of the war egainst the Indians, and charges against Edward 
Hill. It was presented, and is signed on behalf of the inhabitants 
tf this county, by Bernard Sykes, James Minge, N.Wyatt, William 



AMERICA AND WEST INDIES. 83 

1677. 

Dicke, Thomas Blayton, Thomas Grendon, and James Bi&se. [Col. 
Papers, Vol. XL., No. 72.] 

May? 229. Answer of Edward Hill addressed to Herbert Jeffreys, 

Governor of Virginia, and to Sir John Berry and Colonel Francis 
Moryson, Commissioners for Virginia Affairs. To divers false scan- 
dalous articles drawn up against him by the hands, cunning skill 
and industry of James Minge and Thomas Blayton, delivered your 
honors in the behalf and as from the people of Charles City County. 
Endorsed by order of His Majesty's Commissioners, " Charles City 
grievances being in itself one entire thing against the ill-manage- 
ment of the war, and more particularly a charge against Hill, 
which we, to be the more fully informed, and to give satisfaction 
on both sides, granted a Dediinus to examine witnesses therein, 
which came not to our hands before we were ready to set sail for 
England, and so we must here (for want of time to peruse and 
consider of it) humbly leave it to the decision of His Majesty and 
Council/' 28 pp. [Col. Papers, Vol. XL., No. 73.] 

[May 10.] 230. Petition of the Royal African Company to the King. To 
stay the ship Blossom, which petitioners believe to be bound for 
Guinea, until security be given she will not trade within the limits 
of their charter, the Commissioners for Customs, to whom the case 
was previously referred, not having done so. Annexed, 

230. I. Affidavit of John Adams that the ship Blossom is loaded 
with calicoes, muskets, and other goods proper for Guinea, 
and that some of the seamen said they were going to (he 
Canaries, and thence to Cape Verde to carry blacks to 
the Plantations. 1677, May 10. 2 pp. [Col. Entry Bk., 
Vol. I., pp. 72,73.] 

[May 11.] 231. Petition of Merchants and Planters of Barbadoes to the 
King Being under some fears of war with France, and considering 
the unprovided condition of Barbadoes, especially in small arms, 
which were mostly broken and destroyed in the late great 
hurricane, pray His Majesty to grant a supply and such other 
assistance as shall seem most lit. Signed by John Bawdon, James 
Lucie, and Edw. Thornburgh, 1 p. [Col. Papers, Vol. XL., No. 74, 
and Col. Entry Bk., Vol. VI., pp. 152, 153.] 

May 11. 232. Order of the King in Council. Referring, the preceding 
Whitehall, petition to Lords of Trade and Plantations for consideration, and 
ordering them to cause a state of the condition of Barbadoes and of 
the rest of the Leeward Islands, to be presented to His Majesty in 
Council, with all convenient speed. 1 p. [Col. Papers, Vol. XL.> 
No. 75, and Col. Entry Bk., Vol. VI., p. 154.] 

May 11. 233. "Account of money with the Agents of Si. Christophers." 
Certify that they have received out of His Majesty's Exchequer 
certain sums of money for the pay of His Majesty's two foot com- 
panies in St. Christopher's, and the salary Governor Stapleton, viz., 

F 2 



COLONIAL TAPERS. 

1677. 

on 3rd July 1676 the sum of 2,278?. 7s., a year's pay for the foot 
companies due July 1673, and 700. for salary due to Governor 
Stapleton June 1673, similar amounts in January 1677, due June 
and July 1674 ; and on 8th instant May, two years pay and salary 
due June and July 1676. That Colonel Stapleton's Company 
consists of 49 soldiers beside officers, and Captain Abed. Mathews' 
Company of 54 soldiers besides officers, and offer that the two 
Companies be filled up according to His Majesty's establishment and 
have a speedy supply of arms and ammunition. Signed by Ferdinand 
Gorges and William Freeman. "Rec. 12 May 1677.' ; 1% pp. [Col 
Papers, Vol. XL., No. 76.] 

May. 234. Memorial of some persons concerned in a Spanish ship, the 

Santo Domingo, Captain Pedro de Lagos, lately left Spain for 
Barbadoes to purchase negroes and transport them to the Spanish 
West Indies. That the Royal African Company will procure letters 
from His Royal Highness or the Council of Trade to the Governor 
of Barbadoes that said ship may receive all encouragement, and 
continue a further trade from the Spanish West Indies to Barbadoes 
for buying and transporting blacks without exacting more duties 
or other impositions than the law appoints. Endorsed by Williamson, 
"African Company, May 1677. Letters were written to Jamaica 
and the Barbadoes." 1 p. [Col Papers, Vol. XL., No. 77.] 

May 12. 235. The King to Lord Vaughan, Governor of Jamaica. Have 
v\ i itehall. been informed by the Royal African Company that permission will 
be granted from Spain for Spanish shipping to come to Jamaica to 
buy blacks, and that persons will be sent thither for the better 
settlement of that trade, which will probably be of considerable 
advantage to His Majesty's subjects. The King, at request of said 
Company, requires him to take special care that such ships or 
persons be civilly treated, and receive all fitting countenance in their 
design, provided they do nothing contrary to the Act of Naviga- 
tion or the laws of the island, and that said persons have free 
admission, bringing in either money or goods of said countries, 
and that no other duties or impositions be demanded than the law 
appoints. [Col. Entry Bks. Vol. XXVIII., pp. 150-151, Vol. XXIX., 
p. 197, and Vol. XCIIL, p. 152.] 

May 12. 236. The King to Sir Jonathan Atkins, Governor of Barbadoes. 
A Spanish ship, the San Domingo, [Capt.] Pedro de Lagos, has lately 
sailed from Spain with permission of that Government for Barbadoes 
to purchase slaves and transport them to the Spanish Dominions in 
America and to continue a further trade. The remainder of this 
letter is the same as the preceding. [Col Entry Bk., Vol. XLIII., 
p. 152.] 

May 12. 237. Mem. Sir John Berry, Commander-in-Chief of His 
Majesty's ships bound to Virginia, and one of His Majesty's 
Commissioners, having seized on board a ship then in port a parcel 
of wine and brandy to the value of about 1301, belonging to a 
malefactor executed upon the place, and being driven to make use 



AMERICA AND WEST INDIES, 



86 



1677, 



May 12. 



May 13. 

Whitehall. 



May 13. 



liarhadoes. 



of some to entertain some extraordinary Company, His Majesty at a 
meeting of the Lords Commissioners of the Admiralty, was pleased 
to grant Sir John Berry's request to have said wine and brandy, 
I p. [Col Papers, Vol. XL, No. 78.] 

238. Order of the Lords of the Admiralty. Granting a request of 
Sir John Berry from Virginia for some wine seized from a malefactor 
in port there, and made use of by Sir John in entertaining extra- 
ordinary Company resorting on board him as Admiral, and one of 
the Commissioners upon the condition he proposes of His Majesty 
being truly entitled to said goods. Certified Copy. 1 p. [Col. 
Papers, Vol. XL., No. 79; also Col. Entry Bk., Vol. LXXX., 
p. 195.] 

239. The King to Sir William Berkeley. Letter of recall. 
Refers to a previous letter of recall, dated 5th November 1676, 
whereby Herbert Jeffreys is constituted Lieu tenant-Governor to 
act in Berkeley's stead ; is not a little surprised that he makes 
difficulty to yield obedience to His Majesty's commands being so 
clear and plain that we thought no man could have raised any 
doubt or dispute concerning same. He is now strictly commanded 
forthwith upon receipt of these letters to put the execution of the 
government into the hands of said Herbert Jeffreys and then without 
further delay or excuse repair to His Majesty's presence. [Col. 
Entry Bks., Vol. LXXXL, pp. 542-544, and Vol. XCV., pp. 198- 
199.] 

240. The King to Colonel Herbert Jeffreys. Being given to 
understand that the late rebellion in Virginia is brought to an end 
and His Majesty's subjects there reduced to their former obedience 
and tranquillity, he is directed, if the Commissioners judge it 
consistent with the safety of the Colony, to return hither the 
greatest part of the soldiers, except only one hundred to remain 
with the usual number of officers, notwithstanding if any of the 
soldiers of their own free will desire to stay as planters or servants 
to give them their discharge and leave them to dispose of them- 
selves accordingly. [Col. Entry Bk., Vol. XCV., p. 200.] 

241. Governor Sir Jonathan Atkins to Lords of Trade and 
Plantations. Arrival of a Spanish ship from Cadiz desirous to 
trade for negroes. Finds they once obtained a trade but lost it 
again by the petulaucy of the then Lieutenant-Governor, but are 
resolved to come again by the persuasions of the Guinea Company, 
being a new society of merchants who have contracted with the 
Crown of Spain to furnish them with negroes. Advantages to the 
Guinea Society and the island, which will also be rid at good rates 
of refractory, dangerous, and bad negroes, and there will be always 
a stock ready upon the island for the Spaniard to come and buy 
within ten or twelve days sail of Havanna, where they carry them 
all. "Read 17 July." [Col. Papers, Vol. XL, No. 80, and 
Col. Entry Bks., Vol. L, pp. 74, 75, and Vol. VI., pp. 178, 179.] 



COLONIAL PAPERS. 



1677. 
May 14. 

Whitehall. 



May 14. 

Jamaica. 



May 15. 

Whitehall. 



May 15. 

Whitehall. 



242. The King to Colonel Jeffreys and the Council in Virginia. 
By His Majesty's letters of the 13th of this instant, Sir William 
Berkeley is strictly commanded to put the execution of the govern- 
ment into the hands of Colonel Jeffreys and without further delay 
to repair to the King's presence. In case he shall still persist to 
make any excuses or scruples, they are commanded to cause said 
Berkeley to be put on board some convenient vessel there to be 
forthwith transported to England without further delay. [Col. 
Entry Bit., Vol. XCV., p. 201.] 

243. Governor Lord Vaughan to Secretary Sir Joseph Williamson. 
Account of a privateer landing about 150 negroes in a remote bay 
of this island. Finding the ship gone, discovered and apprehended 
some of the seamen, who were examined. The commander was a 
Scotchman named Brown, most of his men English, the rest French 
and Dutch ; that they left Jamaica about eight months since for 
Carthagena, where they met with this Dutch vessel trading on the 
coast and killed the Dutch captain and several of his men. Sent 
out the frigate and seized 100 negroes concealed in several planters 
hands. Intends to have them condemned in the Admiralty as 
goods piratically taken, and to be restored to the right owners. Is 
sending to Cura9ao to acquaint the Governor with what he has 
done. Rec. 31 July." 1 p. [Col Paper?, Vol. XL., p. 81.] 

244. The King to Colonel Herbert Jeffreys and the Council in 
Virginia. Abrogating and revoking Sir William Berkeley's pro- 
clamation of 10th February last, and requiring and authorising 
them to acquaint His Majesty's subjects there with his royal will 
and pleasure that the said Governor's proclamation shall be deemed 
to be null and of no validity, and that His Majesty's own pro- 
clamation of 27th October last past be punctually obeyed and 
observed in all points. 2 pp. [Cot. Entry Ek., No. XCV., 
pp. 202, 203.] 

245. Secretary Coventry to Sir William Berkeley. Has re- 
ceived his of 2nd February with relation of the tragical actions 
in the Colony, and acquainted His Majesty with them and the 
happy composure of all things by the death of Bacon, and this latter 
part was very welcome to His Majesty, and Coventry heartily con- 
gratulates Berkeley's good success in it. Upon pretences which are 
no ways understood here, he has delayed if not refused the obedience 
due to His Majesty's positive commands to return with all speed to 
England and put the command of the Colony into Colonel Jeffreys 
hands. His Majesty seemeth not a little surprised as well as 
troubled also to find a person that had for so many years served 
his Royal Father and himself through the worst of times with so 
unshaken a loyalty fall into such great errors as to affront his 
proclamation by putting out one of his own at the same time, and 
in that to exempt several persons from pardon. The King hath 
very little hopes that the people of Virginia shall be brought to a 
right sense of their duty to obey their Governors when the Governors 



AMERICA AND WEST INDIES. 87 

1677, 

themselves will not obey the King. Prays he will redeem as much 
as he can by a ready compliance with his present orders. His long 
services and great loyalty of himself and family have kept the King 
from resolutions of resentment. Hopes his services will prevail 
above the present offence and he be restored to His Majesty's 
opinion and favour, but earnestly presses him to take heed of a 
further persisting in a wrong course. 3 pp. [Col. Entry Bk., 
Vol. XCV., pp. 194-198.] 

May 15. 246. Secretary H. Coventry to the Commissioners for Virginia. 

Whitehall. J n re piy to their letter of 2nd February last and of the 10th, 
promising another despatch by the Deptford Ketch, which we 
expect with great impatience, for by the results of the Assembly 
the complexion and temper of the people will be better discerned, 
and so easier for His Majesty to give orders. How His Majesty 
relishes Sir W. Berkeley's refusing to return a copy of his letter to 
Berkeley, and his orders to Colonel Jeffreys and the Council will 
sufficiently show him. For such goods as have been seized from, 
men neither convicted nor indicted, His Majesty would not have 
them disposed of till further orders. Complains (very strongly) 
of their sending their despatches, whether to the King, the 
Lord Treasurer, or the Secretaries of State, under cover to 
Mr. Watkins their Agent, and that several of their letters are 
signed only by their Secretary. " This seems very nigh that which 
3'ou so justly blame in Sir William Berkeley, for he had as much 
authority to communicate his instructions to the Clerk of the 
Assembly as you yours to Mr. Watkins." Does not take these 
mistakes to have proceeded from neglect or disrespect, but will 
assure them they are great oversights, and such as have hardly a 
precedent anywhere. Promises of His Majesty's justice and bounty 
on their return. To consult upon a place to build a fort for security 
of the ships and landing of soldiers. 4 pp. [Col. Entry Bk., 
Vol. XCV., pp. 188-192.] 

May 15. 247. Secretary Coventry to Colonel Jeffreys. Has received his 
letter of 14th Feb. (see ante No. 66), is glad to hear of his safe arrival 
(in Virginia), but troubled to find he meets with difficulties in 
quartering his men, but much more to hear the refusal of the 
Governor to obey His Majesty's orders. His Majesty, sensible of 
Berkeley's services and present age, is unwilling unless forced to 
proceed to extremities, and has once more written enjoining his 
immediate submission, and delivering up the execution of the 
government to Jeffreys ; but if the Governor pursue the old subter- 
fuges and excuses, His Majesty hath writ the enclosed letter to 
Jeffreys and the Council to cause Berkeley to be embarked according 
to the tenor thereof, but in case the Governor comply, then Jeffreys 
is to retain this letter and not show it to the Council, His 
Majesty not desiring to add more severity than Sir William his 
comportments shall necessarily extract from him. [Col. Entry Bk., 
Vol. XCV., pp. 204-205.] 



COLONIAL PAPERS. 

1677. 

May 15. 248. Journal of Lords of Trade and Plantations. Read Order 
Whitehall. i n Council of llth instant (ante No. 232). And their Lordships, 
taking notice that this complaint is so far from being countenanced 
by the Governor that he does not affirm in his letters that Barbadoes 
lies under other want than match, Sir Peter Colleton and Colonel 
Thornburgh acquaint their Lordships that it is not possible that 
Governor Atkins should be so soon sensible of the present posture 
of affairs, and that it is of great use for the defence of the landing 
place in Barbadoes that a sufficient number of pikes be sent thither. 
Agreed to report to His Majesty that 1,500 pikes be supplied out of 
the Office of Ordnance in the usual manner. Report ordered to be 
prepared concerning the present state and necessities of the Leeward 
Islands is read. [Col. Entry Bk, Vol. GV., pp. 43-44.] 

May 15-16. 249. Journal of Assembly of Barbadoes. List of "the returns" 
according to election for the several parishes. (See names presented 
to the Council No. 252.) Said gentlemen then .met at the 
house of Paul Gwynn, in St. Michaels Town, to choose a Speaker, 
and every member present gave in a paper with the name of the 
person be desired to be Speaker. William Sharpe chosen, where- 
upon the House presented their Speaker to the Governor and 
Council, and then returned to their own House. Election of John 
Higinbotham for their Clerk, and Joseph Withers, Marshal. 
Being invited by the Governor to dinner the House adjourned at 
three o'clock. 

May 16. By appointment of the Governor, John Sparke, a Member of the 
Council, came to the House and administered the oaths to John 
Higinbotham and Joseph Withers. Here follow the oaths. John 
Sparke also administered the oaths of allegiance and supremacy to 
the newly elected Members of the Assembly, Samuel Husband, 
Lieutenant-Colonel Alexander Ruddock, Captains John Meyricke 
and Richard Williams. Orders and Rules for governing the body 
of the Assembly in their votes, debates, and other proceedings for 
the honour of that House, read, 24 in number, and being put to 
the vote were passed nem. con. Adjourned to 12th June 1677. 
[Col Entry Bk., Vol. XIII., pp. 253-259.] 

[May 16.] 250. Mem. That the Lords of Trade and Plantations were 
attended on 16th May by Sir Peter Colleton and Colonel Thorn- 
burgh, who presented the following paper, desiring their Lordships 
to report to His Majesty that pikes are wanted for six regiments 
of foot in Barbadoes, most of the pikes there having been destroyed 
by the worm and the hurricane. 1 p. [Col Papers, Vol. XL., 
No. 82 ; also Col Entry Bk. t Vol. VI.,~p. 155.] 

May 1 6. 251. Secretary H. Coventry to Colonel Moryson. Has par- 
Whitehall, ticularly represented to His Majesty at the Committee for 
Foreign. Affairs the hardness of his condition above the rest (of 
the Commissioners), both having other employments as Lieutenant- 
Governor and Commander-in-Chief of the ships, and both His 



AMERICA ANP WEST INDIES. 



1677. 



May 1G. 



May 17. 

Whitehall. 



May 17. 

Council 
Chamber. 



Majesty, His Koyal Highness, and the whole Council, seemed 
satisfied that his case was very different from his two comrades. 
Is commanded to assure him that upon his return there shall be 
a full and ample compensation made to him, and " that you rely 
upon this promise without making your colleagues acquainted with 
it." 2 pp. [Col Entry Bk., Vol. XGV., pp. 193, 194.] 

252. Journal of the Council of Barbadoes. 
for this year elected were presented as follows 

John Witham, Esq. 

Richard Pocock, Esq. - 

Rowland Bulkley - 

Samuel Husband, Esq. 

Richard Seawell, Esq. 

Major Richard Williams 

William Sharpe, Esq., Speaker 

Captain Edw. Bynny 

Colonel William Bate 

Colonel Richard Guy 

John Maddox, Esq. 

Thomas Dowden, Esq. 

Edward Littleton, Esq. 

James Walwyn, Esq. 

Lieutenant-Colonel Alexander Ruddock 

Major John Steart 

Lieutenant-Colonel James Carter - 

John Davies, Esq. 

Thomas Leake, Esq. 

John Meyricke - 

Henry Walrorid, junior, Esq. 

Colonel Christopher Codrington 

They presented Colonel William Sharpe for 
Entry Bk, Vol. XL, pp. 294, 295.] 



The Assembly men 

~~| St. Philips. 
>St. Georges. 

- Christ Church. 
>St. Josephs. 

St. Michaels. 

St. Lucyes. 
|St. James. 
]Tst. Peters. 

St. Thomas. 

St. Andrews. 

!-St. Johns, 
their Speaker. [Col. 



253. The King to Lord Vaughan, Governor of Jamaica. To 
cause John Ball to be sworn a Member of the Council of that 
Island immediately on receipt of this letter. [Col. Entry Bks., 
Vol. XXVIII., p. 152, and Vol. XCIIL, p. 153.] 

254. Report of the Lords of Trade and Plantations to the King. In 
obedience to His Majesty's Order in Council of 9th inst. (see No. 224), 
have called before them the Agents for the Leeward Islands and 
perused Governor Stapleton's letters. Briefly remind His Majesty of 
what is already past, their first representation of 18th June 1675 (see 
previous volume, No. 597), but nothing was effected in reference to 
His Majesty's orders thereon. After this, on 8th January following 
(? 23rc December 1675, see ibid, No. 756), their Lordships 
reported on the state of St. Christopher's, and although His 
Majesty gave orders to his Ambassador in Pans (8th January 
1676 see ibid, No. 774), to solicit a speedy dispatch of justice, no 
success attended that negotiation. They then proceeded on 18th 



90 



COLONIAL PAPERS. 



1677. 



May 18. 

Whitehall. 



May 18. 

Whitehall. 



February (? 3rd February, see ibid, No. 808) to offer what they 
thought expedient for the security of the Leeward Islands, which, 
being read in Council 18th February following, His Majesty did not 
think fit to give his orders thereon. Their Lordships crave leave 
to repeat their opinions then offered to His Majesty. Understand 
that the Lord Treasurer has paid all arrears due to the Companies 
of foot and salary due to Governor Stapleton, so offer that for the 
greater convenience of future payments a certain fund be settled 
to that end. Further represent that besides the foregoing 
necessities which daily grow more pressing upon said islands there 
is a general want of arms and ammunition, and as Colonel Staple- 
ton has informed them, not one whole barrel of powder in 
St. Christopher's, in Montserrat but two barrels and no shot, and 
but few arms fit for service in the other islands, for which a speedy 
supply is the more requisite, inasmuch as the French upon St. Chris- 
topher's are more than four to one in number stronger than His 
Majesty's subjects, have good magazines on all their islands out of 
which arms and ammunition are delivered and by convenience of 
constantly attending frigates are able to unite the whole strength 
of their government upon all occasions. And besides the building 
a fort upon Cleverley Point, Colonel Stapleton is strongly of 
opinion that one strong fort should be built upon each island. 
And he does not now think that less than six Ministers can suffice 
to be sent over. Lastly, they represent Colonel Stapleton to His 
Majesty as a faithful Governor, prudent, able, and vigilant Com- 
mander, and a person fit to be continued in His Majesty's favour, 
and for his encouragement and according to his request beseech His 
Majesty to give orders that the pay due to him as Lieutenant- 
Colonel in Sir Tobias Bridge's regiment with incident charges may 
be satisfied. Signed by Anglesey, Ormonde, Craven, Fauconberg, 
and Henry Coventry. 13 pp. Endorsed, "Kec. 18 May, Bead in 
Council 23 May 1677." Annexed, 

254. I. Order of the King in Council on the preceding report. 

That copy be given to the Lord Treasurer to consider of 
the sums of money therein mentioned, and His Majesty 
will on Wednesday next take the whole matter into his 
serious consideration when the Agents and other persons 
concerned are required to give their attendance. [Col. 
Papers, Vol. XL., No. 83, and Col Entry Bk., Vol. XLVL, 
pp. 200-218.] 

255. The King to Governor Sir J. Atkins. To remove William 
Sharpe, Chief Judge of the Bridge Court in Barbadoes, from his said 
office and supply his room by some other person qualified by his 
integrity and sufficienc}^ for said employment according to his 
instructions in such cases. [Col. Entry Bk., Vol. XCIII., p. 153.] 

256. Order of the King in Council. The Lords of Trade and 
Plantations having reported their opinions that the Planters in 
Newfoundland be continued in the possession of their houses and 
stages according to the usage of last years until His Majesty's further 
order, tbe Commissioners of the Admiralty are ordered to direct 



AMERICA AND WEST INDIES. 



91 



May 18. 

Whitehall. 



1677, 

the Captains of the convoys now going to Newfoundland not only 
to make publication of His Majesty's pleasure, but to take care that 
nothing be attempted contrary thereto. Said Captains are also to 
be directed to return particular answer to several Heads of Enquiry 
by the Lords of Trade and Plantations. Annexed, 

256. I. Twenty-seven Heads of Enquiry for Newfoundland 

together. 5 pp. [Col. Papers, Vol. XL, Nos. 84, 84 I.] 

257. The Secretary to the Lords of Trade and Plantations to 
His Majesty's Commissioners for the affairs of Virginia. Transmit 
Duplicates of what was delivered by their Lordships order to Sir 
John Berry on 12th October last to which they are desired to make 
as speedy answer as they conveniently can. 1 p. [Gol. Papers, 
Vol. XL'., No. 85.] 

[May 18.] 258. Account of the great artillery, powder, arms, and ammu- 
nition in Barbadoes, signed by William Bate, 29th May 1673, with 
the following note by Sir Peter Colleton. That said account was 
given to him by Colonel Bate, keeper of the magazine there four 
years since, but many of the pikes are rotted and delivered out, and 
the muskets spoiled in the great hurricane. With mem. That 
Mr. Secretary Williamson gave this account to the Committee. 
1' p. [Col. Papers, Vol. XL., No. 86, and Col. Entry Bk., Vol. VI., 
pp. 155-156.] 



May 18. 

Council 
Chamber. 



May 18. 

Whitehall. 



259. Report of Lords of Trade and Plantations to the King. 
Have examined petition of merchants and planters at Barbadoes, 
and heard Sir Peter Colleton and Colonel Thornburgh on their 
behalf, who say that for six regiments of militia in the Island 
there are not one hundred pikes, and that a sufficient number is of 
absolute necessity for defence against the assault of the enemy. 
Are of opinion that the Master of the Ordnance furnish fifteen 
hundred pikes to be transported to the island. 1 p. [Col. Papers, 
Vol. XL., No. 87, and Col. Entry Bk., Vol. VI., p. 158.] 

260. Journal of Lords of Trade and Plantations. Heads of 
inquiry concerning the plantation and fishery of Newfoundland 
and the state of the French there, recommended to the captains of 
the convoys, approved. Account of the islands Statia, Saba, and 
Tortola gathered out of the plantation books, and Colonel Stapleton's 
letters read. Mr. Secretary Coventry making a difficulty to sign 
the Report of the state of the Leeward Islands before the particulars 
concerning the Indians (and Colonel Philip Warner) were debated, 
that there may be no further delay in representing the posture of 
affairs in those parts, their Lordships sign said Report, the clause 
touching the Indians being laid aside. Mr. Pepys to dispatch 
duplicate of a packet to the King's Commissioners of Virginia by a 
ketch in the Downs. Affairs in Newfoundland between adven- 
turers and planters to remain in the present condition till further 
order. Letter read from Sir Jonathan Atkins, dated 16th March 
last (ante, No. 92), giving a short account of the fight between 



92 COLONIAL PAPERS. 

1677. 

the Dutch and French at Tobago, and referring their Lordships to 
a more particular relation transmitted to Secretary Coventry which 
Mr. Secretary is desired to impart to their Lordships. In the 
letter to be forthwith written to Governor Atkins notice to be 
taken that he has only asked for match and not for pikes, and that 
he be directed to send over a particular account of the stores in 
Barbadoes. 

A packet sent to Mr. Pepys, directed to His Majesty's Com- 
missioners for Virginia, duplicate of that delivered to Sir John 
Berry on 12th October last, which Pepys is to dispatch by a ketch 
in tho Downs going to those parts. His Majesty having this day 
ordered in Council that affairs in Newfoundland between the 
adventurers and planters should remain in their present condition 
. until further order, and that the convoys going thither give 
intimation to that effect, also that they return a particular 
answer to certain inquiries prepared by the Committee, said Order 
in Council and inquiries delivered to Mr. Pepys to the end the 
Lords of the Admiralty give order according. [Col. Entry Bk., 
Vol. CV., #p. 45-47,] 

May 22. 261. Warrant from Anthony Earl of Shaftesbury, one of the 
Lords Proprietors of Carolina and of all the Bahama Islands, 
appointing Captain John Wentworth his deputy in said islands 
during pleasure. [CoL Entry Bk., Vol. XX., p. 122.] 

May 22. 262. Lords Proprietors to [the Governor of the Bahama Islands ?]. 
Have given full power to Captain John Wentworth to demand 

and recover from Isaac Rush the estate belonging to Banker, 

and strictly charge him to aid and assist said Captain Wentworth. 
Also recommend impartial justice in the case of Colonel Power and 
his partner, who complain of very great injuries done by Isaac 
Rush, that they may have no reason to complain of their Lordships 
as those that shelter ill-men. It is also their Lordships pleasure 
that Isaac Rush be discharged from the office of Secretary, and 
some other fit person appointed " it being not fit that a person 
against whom we ourselves and others have complaints of so high 
nature should be continued in that employment." [Col. Entry Bk., 
Vol. XX., p. 122.] 

May 22. 263. Governor Thomas Notley to Charles Lord Baltimore. If 
Maryland, reports be true Sir William Berkeley and the Commissioners 
have not well accorded, so that until Sir William left on the 5th 
instant nothing was done either to secure the people from the 
barbarous Indians or to settle the peace or constitution of the 
Courts, and the people still almost as much dissatisfied as ever and 
look upon His Majesty's Commissioners as spies and men of no good 
intentions. Believes if there were any person courageous enough in 
Virginia to venture his neck the Commons would immure them- 
selves in rebellion as deep as in Bacon's time. Whatever the great 
men of Virginia may use at the Council Board in England, you 
may be sure much, if not every tittle of this, is truth. If Colonel 
Jeffreys build his proceedings upon the old foundation neither he 



AMERICA AND WEST INDIES. 93 

1677. 

nor all His Majesty's soldiers in Virginia will satisfy or rule those 
people who have so little hopes as yet of amendment and are 
generally dissatisfied. Colonel Jeffreys through Colonel Spencer has 
tendered his service and desired Governor Notley to hold fair corre- 
spondence with himself and the Government of Virginia as he did 
in Governor Berkeley's time, which he has promised to his utmost 
labour to be serviceable to His Majesty's interest. 1 pp. [Col 
Papers, Vol. XL., No. 88.] 

May 23. 264. Order of the King in Council. Approving Report of Lords 

Whitehall. o f Trade and Plantations of 18th instant (ante, No. 259 ), and directing 

the Mastor General of the Ordnance to provide and deliver to Sir 

, Peter Colleton or Colonel Thornburgh fifteen hundred pikes upon 

such terms and conditions as have been practised in cases of like 

nature. [Col. Entry Bk., Vol. VI., pp. 157-159.] 

May 24. 265. Nicholas Spencer to Charles Lord Baltimore. Takes the 
Potomac River, opportunity by Captain Quighly of informing him of the state of 
irgmia. ^j g troubled country, which, though freed from open rebellion, " the 
putrid humours of our unruly inhabitants are not so allayed, but 
that they do frequently vent themselves by unsavoury bitches," and 
were they not awed by the overruling hand of Majesty would soon 
express themselves by violent acts, for it's not law, but will, and that 
the evilest of wills, that they would rule by. But his Lordship is 
fully acquainted with the nature of our rabble. Have fair hopes of 
peace from our Indians, part of whom have solicited a peace to which 
end the great men of Indian nations in open hostility are on 29th 
instant to meet our Lieutenant -Governor and Council to treat for a 
general peace of which by the necessity of the Indians they hope to 
have a good effect, and will be effected before the arrival of His 
Majesty's forces. 1| pp. [Col. Papers, Vol. XL., No. 89.] 

May 24. 266. [The Royal African Company's Factors in Barbadoes] to 
Barbadoes. the Company. Arrival of an interloper belonging to Colonel 
William Sharpe, Chief Judge, John Worsam and Major John 
Hallett, two of his Assistants (as our Stephen Gascoigne was 
informed by Colonel John Stanfast), Philip Cheeke and Roger 
Cowley, a Commissioner of Customs, which gives great encourage- 
ment to other people to take this liberty, seeing those that sit in 
great places and live by the King's Commissions presume to act as 
they do. The ship brought but 98 negroes, and but few or no 
elephants teeth. Advice of her arrival, came a little too late for 
they were twelve miles distant, and the negroes were landed and 
carried to Colonel Richard Bailey's plantation, close to the landing- 
place, about an hour before the factors got there. Acquainted the 
Governor with it who sent for Colonel Bailey, and he told him 
the negroes were sent for by Judge Sharpe and the other before 
named. These men have been very solicitous to turn out the 
Company's factors from their offices for doing their duty. " Sure it 
would discourage the whole fraternity of interlopers if some of 
these be displaced for their disobedience to the King's com- 
mands," 



COLONIAL PAPERS. 



1677. 
June 16. 



May 26. 



May 28. 
Whitehall. 



May 28. 

Whitehall. 



May 28. 

Jamaica. 



Arrival of an interloper with 120 negroes landed on the back 
part of the island before the factors had notice, having been on 
board the Company's ship all day selling negroes. Leonard Wood- 
fine was Commander and Richard Bate, Barnard Schenckingh, and 
Arthur Middleton, Owners. Impossible for the factors to prevent 
the landing, those employed to give notice -being beaten and 
wounded without any cause given. 1^ pp. [Col. Papers, Vol. XL., 
No. 00.] 

267. Warrant of the Commissioners for Virginia. Appointing 
Colonel John Epps, James Biss, Captain Nicholas Wyatt, and John 
Stith, or any three of them, upon oath to take depositions of 
persons appointed by Charles City County to present their 
grievances by reason they live so remote from the place of resi- 
dence of said Commissioners. With memorandum signed by 
Herbert Jeffreys, and dated 7th June 1677, appointing the 15th of 
June instant for bringing in the depositions abovesaid, His 
Majesty's Commissioners being absent. 1 p. [Col, Papers, Vol. XL., 
No. 91.] 

268. Secretary Sir H. Coventry to Lieutenant- Colonel William 
Stapleton, Governor of the Leeward Isles. His Majesty thinking 
it not fit for his service that Colonel Philip Warner should be any 
longer continued in any public employment, has commanded, 
according to an Order in Council, that said Colonel Warner be put 
out of his government of Antigua, and any other employment or 
trust in His Majesty's service. [Col. Entry Bk., Vol. CX., p. 110.] 

269. William Blathwayt to William Freeman. The King has 
thought fit to appoint that copy of the Report of the Lords of 
Trade and Plantations concerning the Leeward Lsles, read on 
Wednesday last (23rd), be given to the Lord Treasurer to prepare 
himself to speak on the several heads contained in it on Wednesday 
next, when it will again be read in Council. And for the better 
understanding the several particulars as the necessity of a fort at 
Clevesley Point, &c., the maps are to be ready, and the persons 
acquainted with those paits to give their attendance, so that it will 
be requisite for Freeman, Colonel Stapleton, and Captain Gorges to 
attend the Council at ten in the morning. 1 p. [Col. Papers, 
Vol. XL., No. 92.] 

270. Governor Lord Vaughan to Secretary Coventry. Cannot 
find he has omitted anything that has passed relating to His 
Majesty's service. Has had no easy part to act, nor is it easy for 
those to discern the fittest measures to be taken in so remote an 
employment. Refers to bis endeavours to suppress privateers and 
enforce the Acts of Navigation. It was great joy to hear His 
Majesty was well satisfied with his method of proceeding. His 
Commission and instructions need revising to do the King service. 
Has preserved all tilings hitherto in a very quiet posture. Gives 
account of the late transactions of the Council and Assembly who 
met on 9th April, and lays before him for consideration his private 



AMERICA AND WEST INDIES. 95 

1677. 

judgment in matters of near concern to His Majesty's interest, and 
necessary for his service. Refers to the laws he transmitted in 
1675, mostly the same as were made by Sir Thomas Lynch. Had 
reason to surmise trouble in the next Assembly, and describes how 
he discovered and prevented what was in agitation obstruction 
of the Council to the Act of the Militia. Complains of his having 
no positive power without them, and not being able to " suspend 
any on misbehaviour or unfaithfulness without their consents." 
Seven of the eleven Councillors " voted it quite out," and openly 
asserted His Majesty's Commission was no law to them, whose 
names are given. They moved against having His Majesty's last 
instruction proclaimed in favour of the Royal African Company. 
Foresees he shall be forced to refuse several Bills this session. 
Explains that all the reward he is likely to have for his service is 
his salary in England. His Majesty's interest cannot be secured 
here but by a Governor whose dependence is only from England, 
and who has no private interests in Jamaica. And since the 
Council are so wholly interested here, and have no dependence in 
England, it should be in the Governor's power to suspend them. 
Observations on what more might be done under several heads. 
The Council, most of them, " old standers and officers of Cromwell's 
army." No forces in pay, and inexperienced in discipline. The 
privateers very numerous, and perpetually supplied with runaway 
servants and others from the island. Let him send what orders he 
will about privateering, there are almost none to execute them but 
who are one or the other interested. These practices so long 
settled it is no easy matter to suppress them. Both Council and 
Assembly alike interested, so nothing left but the Governor's 
negative voice to deny what they demand, and so little power in 
the Governor, and so much given to the people that when they 
will they may do what they please. Presumes to mention some 
considerations towards effecting the necessity of the firm settling 
His Majesty's authority upon a lasting foundation. Doubts not if 
he had leave of absence for seven or eight months he could well 
satisfy His Majesty in all the interests and advantages of this 
island. Is satisfied as long as he serves His Majesty well he shall 
not lose the government. 7 pp. [Col. Papers, Vol. XL., No. 93.] 

May 28 271. Observations of Wentworth Greenlmlgh in a journey from 
to Albany to the Indians westward begun 28th May and ended 14th 

July 14, July 1677. The Maques have four towns : Cabaniaga, Canagora, 
Canajorha, Tionondogue, and one small village, about 110 miles from 
Albany. Cahaniaga is double stockadoed, and has four ports about 
four foot wide apiece, contains about 24 houses, and is situate upon 
the edge of a hill, about a bowshot from the river side. Canagora is 
only singly stockadoed, with four ports and 16 houses on a fiat, a 
stone's throw from the water side. Canajorha is singly stockadoed, 
and the like manner of ports and houses, as Canagora, about two 
miles from the water. Tionondogue is double stockadoed, with 
four ports, 30 houses, on a hiJl a bowshot from the river. The 
small village is without fence 3 with about 10 houses, ciostt by the 



96 COLONIAL PAPERS. 

1677, 

river on the north side as all the former. The Maqucs pass in all 
for about 300 fighting men ; their corn grows close by the river 
side. The Onyades have but one town, 130 miles west of the 
Maques, 20 miles from a small river which comes out of the hills 
to the southward and runs into the lake Teshiroque, and 30 miles 
from the Maques river, which lies to the north ; the town is newly 
settled, doubly stockadoed, but little cleared ground, so that they 
are forced to send to the Onondagos to buy corn, with 100 houses ; 
they are said to have about 200 fighting men, and their corn grows 
round about the town. The Onondagos have but one town, very 
large, with about 140 houses, not fenced, on a large hill, the bank 
on each side extending at least two miles, all cleared land, whereon 
the corn is planted ; they have likewise a small village two miles 
beyond with 24 houses ; they lie to the southward of the west 
about 36 miles from the Onyades, and plant abundance of corn 
which they sell to the Onyades ; they are in number about 350 
fighting men, and lie about ] 5 miles from Teshiroque. The 
Caiongos have three towns about a mile from each other, not 
stockadoed, with 300 houses, 60 miles south of the Onondagos; 
they intend next spring to build all their houses together and 
stockade them, have abundance of corn, lie within two or three 
miles of Lake Tishero, pass for about 300 fighting men. The 
Senecques have four towns, Canagaroh, Tiotehatton, Canoenada, 
Keint-he ; Canagaroh and Tiotehatton lie within 30 miles of Lake 
Frontenacque and the others four or five miles to the south of these, 
have abundance of corn, none of their towns are stockadoed. 
Canagorah lies on the top of a great hill much like Onondago, with 
150 houses, 72 miles north-west of Caiongo. Here the Indians 
were very desirous to see us ride our horses, which we did ; 
the Indians made feasts and dancing, and invited us, that when 
all the maids were together, both we and our Indians might 
choose such as liked us to lie with. Tiotehatton lies on the 
brink of a hill, has not much cleared ground, is near the river 
Tiotehatton (which signifies bending), lies west of Canagaroh 
30 miles, with 120 houses, the largest they saw, the ordinary being 
50 or 60 feet and some 130 or 140 long, with 13 or 14 fires in one 
house ; they have good store of corn growing about a mile west of 
the town. Being at this place 17th June, there came 50 prisoners 
from the south, of two nations, some whereof have few guns, the 
other none at all ; one nation is about 1 day's journey from any 
Christians and trade only with one great house not far from the 
sea, the other trade only, as they say, with a black people ; two 
women and a man were burnt on that day and a child killed 
with a stone ; at night there was a great noise as if the houses had 
fallen, but it was only the inhabitants driving away the ghosts of 
the murdered. On the 18th, going to Canagaroh, overtook the 
prisoners ; when the soldiers saw us they stopped each his 
prisoner and made him sing, and cut off their fingers and slashed 
their bodies with a knife, and when they had sung each man 
confessed how many in his time he had killed ; that clay at 
Canagaroh there were most cruelly burnt four men, four women, 



AMERICA AND WEST INDIES. 97 

1677. 

and one boy, the cruelty lasted about seven hours, when they were 
almost dead letting them loose to the mercy of the boys, and taking 
the hearts of such as were dead to feast on. Canocnada lies about 
four miles south of Canagorah, with about 30 houses, well furnished 
with corn. Keint-he about four or five miles south of Tiotehatton, 
with 24 houses, well furnished with corn. The Senecques are 
counted in all to be about 1,000 fighting men. The French names 
of the Indian tribes. The towns are called Chappells. 3 pp. 
Printed in New York Documents, Vol. III., pp. 250-252, [Col. 
Papers, Vol. XL, No. 94.] 

May 29. 272. Articles of Peace between King Charles the Second and 
the several Indian Kings and Queens, assentors and subscribers 
hereunto, made and concluded at the Camp at Middle Plantation, 
29th May 1677. Signed by the Queen of Waonoke, the Queen 
of Pamunckey, Captain John West, her son, the King of the 
Nottoways, and the King of the Nancymoud Indians. Certified 
copy by Thomas Ludwell, Secretary. Also Memorandum signed by 
Sir John Berry and Colonel Moryson. That said Articles of 
Peace were read and expounded to the several Indian Kings and 
Queens by sworn interpreters, and that the King of the Appo- 
matucks, who earnestly desired to be admitted to sign this Peace, 
was not allowed to partake of the benefit of the same until he 
should clear himself of the suspicion of some murders on His 
Majesty's subjects. Annexed, 

272. I. Reference, signed by Secretary Coventry, of the above by 
His Majesty's orders to the Lords of Trade and Plantations, 
to report their opinion in order to the printing of the 
same and sending copies to Virginia. Whitehall, 23 
Sept. 1677. 6 pp. [Col. Papers, Vol. XL., No. 95.] 

May 29. 273. Printed copy of the preceding Twenty-one Articles of 
Peace with several Indian Kings and Queens. London : Printed 
by John Bill, Christopher Barker, Thomas Newcornb, arid Henry 
Hills, Printers to the King's most Excellent Majesty, 1677. 18 pp. 
[Col Papers, Vol. XL., No. 96.] 

274. Most humble Proposals on behalf of the Indian Kings 
and Queens now tributary to your most sacred Majesty within 
your Colony of Viriginia. That seeing the late peace with the 
neighbour Indians, and that they all own to hold their crowns 
immediately of His Majesty, that His Majesty bestow small crowns 
or coronets on the same tributary Kings and Queens to be made 
of thin silver plate, gilt, and adorned with false stones of various 
colours, &c., and that they may also each have a purple robe of 
strong cloth. With list of the names of each King or Queen, their 
characters, and the presents to be given ; the whole charge will not 
exceed 120. Signed by Sir John Berry and Colonel Francis 
Moryson. 8 pp. [Col. Entry Bk., No. LXXXL, pp. 264-271.] 

May 29. 275. Orders of the Governor and Council of Antigua, In 
Falmouth. reference to bonds and securities for shipping the productions of 
y^ g island in accordance with instructions from His Majesty's 

83072, Q 



98 



COLONIAL PAPERS. 



1677, 



May 31. 

Whitehall. 



[May.] 

Received. 



Commissioners of Customs in London. That in regard several 
members of the Assembly are deceased since the last adjournment, 
ordered that there issue forth from the Governor writs for electing 
others in their room, to meet on Thursday, 7th June, at Falmouth. 
[Col Papers, Vol. XXV., No. 55*.] 

276. Lords of Trade and Plantations to Governor Atkins. 
Have received his letters of the 6th December and 8th February, 
and his last of 6th March. The Virginia fleet being happily 
arrived, express to him their satisfaction for the prudent diligence 
he has used for His Majesty's service in that particular. Desire 
to be informed of the resolutions of the Dutch to maintain, plant, 
and defend Tobago against the French, which by its neighbour- 
hood seems very much to affect his government. The Master of 
the Ordnance has been directed to deliver the match requested " to 
the person you employ." Very much wonder to find that after his 
inquiry into the stores of his Government \vithout complaint of 
any further want that the Merchants and Planters of Barbadoe.s 
have set forth to the King in Council the unprovided condition of 
the island, especially in small arms and desired a supply of 1,500 
pikes as absolutely necessary for defence, and although such 
representations should come from the Governor alone, still in 
consideration of the present posture of affairs their- Lordships have 
offered their opinions to His Majesty, that said number of pikes 
be furnished from the Tower to Sir Peter Colleton or Colonel 
Thornburgh, and His Majesty has given the necessary orders. To 
prevent any future address of this kind, he is requested to send 
an exact account of artillery, arms, and all other stores. Also to 
send list of the Council and Assembly, and all officers, civil and 
military. 3 pp. [Col. Papers, Vol. XL., No. 97 ; also Col. 
Entry Bk., Vol. VI., pp. 171-173, and Vol. CV,,pp. 48-49.] 

277. " Extracts of letters from Barbadoes " [in Sir Peter Colleton's 
handwriting]. An error in a judgment given by Judge Sharpe 
in the Bridge Court, which would have overthrown all the judg- 
ments given in that Court since Judge Sharpens sitting there. 
Sharpe voted by the Assembly an unfit man to be a Judge, the 
reasons given that he said he had as good blood in his veins as any 
Charles Stuart, and other objections (of a. most blasphemous nature). 
1676, December 9, and 1677, January 23. Annexed, 

277. I. Account of Judge Sharpe's fraudulent proceedings, in 
reference to a deed he was, employed to draw by Consct 
withdrawing the trust of his estate, one of the best 
in the island, from one Turner, and to place it in 
Christopher Codrington, then Deputy Governor of the 
island. 

277. II. A shorter account of the preceding, but with additions. 
That Conset's wife dying left her estate to Lieu tenant- 
General Heury Willoughby, who, arriving at Barbadoes, 
was invited to supper by Codrington, who had taken 
possession of the estate, and went from Codrington's 



AMERICA AND WEST INDIES. 



99 



1677, 



May 31. 

Whitehall. 



May. 



June 1. 

Whitehall. 



house well at night, but after he got to his lodging fell 
into a violent burning of the stomach, and died the next 
morning at seven o'clock. In 1G74 Sharpe persuaded 
the Asssembly, which he said equalled the House of 
Commons, to deny the Council any power over bills for 
money, which occasioned great disputes. In 1675 he 
appeared with and abetted rioters against the Royal 
Company's factors, who were seizing negroes landed by an 
interloper. In 1676 to remedy the confusion caused by 
the reversal of so many of Judge Sharpe's judgments 
the Governor was forced to have an Act of Assembly, 
which was not completed in December last. Together 
5 k'PP- Endorsed, "A relation of some actions of Judge 
Sharpe. Rec. May 1677." [Col. Papers, Vol. XL, 
Nos. 98, 98 L, ii.] 

278. Journal of the Lords of Trade and Plantations. It being 
proposed to appoint some time to consider the present state 
of the affairs of New England, Secretary Williamson acquaints 
their Lordships that the two papers, delivered to the Committee by 
Mr. Bridgman on the 21st, containing several articles drawn up by 
Mr. Randolph, were referred by His Majesty in the Council of 
Foreign Affairs to their Lordships, as papers relating to His 
Majesty's Plantations. Their Lordships order that the Lords 
Chief Justices be desired to hasten their report on the pretensions 
of Mason and Gorges, and that they be informed tiiat their delay 
puts a stop to a considerable part of His Majesty's affairs 
relating to New England. The merchants who petitioned con- 
cerning the irregularity of trade in New England ordered to 
attend the next meeting. [Col Entry Bk. t Vol. CV., pp. 50-52.] 

279. Estimate of the charge of three months' provision to be 

for 1,000 men. Endorsed, " Estimate of the 



sent to Virginia for 

charge of the victuals to be sent to Virginia." 

Vol. XL, No. 99.] 



1 p. [Col. Papers, 



280. Order of the King in Council. Approving report of the 
Lords of Trade and Plantations to His Majesty concerning the 
Leeward Islands. That the Earl of Danby, Lord High Treasurer, 
give orders for payment of 500/. for the erecting a fort at 
Cleverley Point ; that advising with Sir Thomas Chicljelcy Master 
of the Ordnance, he take care for a speedy supply of small arms 
and other warlike materials. That in order to a further supply 
of inhabitants for St. Christopher's some merchants have declared 
they would willingly transport thither 300 malefactors, provided 
they were not obliged to pay for them at the gaols in regard of 
the great fees demanded by the keepers ; the Lords of Trade and 
Plantations having advised with Sir John Shorter, sheriff, found 
said charges might be reduced to II. Us. per head, the Lord 
Treasurer is therefore ordered to give such directions therein as 
are necessary. [Col. Entry Bk. t Vol. XLVI., pp. 219-222.] 

G 2 



100 



COLONIAL PAPERS. 



June 1, 

Whitehall. 



June 1. 

Whitehall. 



June 2, 



1G77. 

June 1. 281. Minute of the Lord Treasurer's Report to the King about 
what is wanting for the Leeward Islands (see ante, Nos. 254, 264). 
As to the 3rd Article the money is paid. 4. The sheriffs of London 
are to be allowed it on their account. 5. His Lordship will give 
order for the 5001. 6. He must adjust this business with the 
Master of the Ordnance. 8. It's settled on the 4 per cent, and will 
be paid. [Col. Entry Bk., Vol. XLVL, p. 218.] 

282. Warrant to the Commissaries General and Commissaries of 
the Musters. That whereas Francis Wheeler, Ensign of Captain 
Godfrey's Company of foot in the regiment of guards commanded 
by Colonel John Russell, is gone with His Majesty's leave as a 
Volunteer in the expedition to Virginia, they take off his respites 
for the Musters past, and allow and pass him in the succeeding 
Musters until his return or His Majesty shall signify his further 
pleasure. P- [Dom. Entry Bk., Chas. II., Vol. XLIV., p. 45.] 

283. Secretary Sir Joseph Williamson to Governor Atkins. Is 
commanded by the King to send the enclosed relating singly to His 
Majesty's service and the public, His Majesty being concerned that 
it comes speedily to his hands. [Col. Entry Bk., Vol. XCIII., 
p. 153.] 

284. Answer of the Council of Virginia about the Heads of 
Inquiry sent to them by the Commissioners for Sir William Berkeley. 
That he has gone for England and they conceive will there give His 
Majesty a full account of each particular. Signed by Nathaniel 
Bacon, Philip Ludwell, Deputy Secretary, William Cole and 
Ra. Wormeley. Endorsed Reed, from Colonel Morison, 9 December 
1677. I p. [Col. Papers, Vol. XL., No. 100.] 

June 6-9. 285. Minutes of the Council of Jamaica. Aug. Gable, [sic] 
Member of the Assembly, sworn. Six Bills brought from the 
Assembly read the first time ; proceedings on other Bills. 

June 12-16. Debate upon several Bills, some read first and second time and 
other passed. 

June 19. Message that the Assembly had expelled Thomas Martin and 
desired the Governor would grant a new writ for the choice of 
a member in the parish of St. David. 

June 20. Conference consented to about the Bill of slaves and the Bill for 
regulating the Marshal's proceedings. 

June 22. The Council agree with the Assembly to amendments they did 
not consent to. 

June 23. Proceedings on several Bills including a Bill empowering Elizabeth, 
widow of Jonathan Atkins, late of the parish of Vere, to make sale of 
seventy acres of land for payment oif her husband's debts. Adjourned 
to 23rd (? 25th) July. [Col. Entry Bk., Vol. XXX V., pp. 588-603.] 

June 6. 286. Journal of the Assembly of Jamaica. Augustine Gavell [sic] 
detained hitherto by sickness to be sworn by Council. The House 
not satisfied with his excuse for his long absence require better 
satisfaction. Members absent to be fined extraordinary twenty 
shillings. 



AMERICA AND WEST INDIES. 101 



1677. 

June 7. Proceedings on several Bills. Petition of Martin read, the matter 
not considered clear, and lie seemed to reflect upon the House 
insinuating he was ready with his answer, whereas he ought to 
have acknowledged the favour of the House. Resolved not to 
receive any further address until he sends his answer in writing 
to the articles against him which message voted to bo sent to 
him. 

June 8-9. Several Bills advanced a stage. Permission to Martin to go 

about his private affairs with his keeper till the House sat again. 
June 12-16. Debate on various Bills. Information that Martin said he was 
confined for moving some things in the House for the benefit of the 
country, as for diminishing the freight of boats, penning of cattle, 
and continuing of lawyers. The depositions of Captain Fargoe and 
Mr. Medley desired to that effect. Warrant brought from the 
Governor to a Committee to take depositions in Martin's business. 
The above depositions brought in, debate thereon. Consideration 
of Martin's business ; the charges against him and his answers ; 
Martin brought to the Bar of the House and the business heard. 
Major Parker's business heard praying for a Bill for ferrying people, 
he having obtained a patent ; Committee appointed to draw it up. 
Petition of Samuel Batch and others desiring some certain rule for 
levying a parish tax, thrown out. Petition of Richard Williams 
for a reward for services against rebellious negroes to be laid aside 
until the House knows what he has already received. Considera- 
tion of Martin's business. Additional article of charge against him 
delivered to Martin. Resolved to make a final determination of this 
matter and voted nem. con. that he be expelled the House, be fined 
501. sterling, and make a recantation in writing to the Governor. 
Said fine to go towards repairing the Assembly House. That he 
stand committed until he has paid the fine and other charges, and 
made the recantation now drawn up for the Governor's approval. 
Martin sent for, but answered he was indisposed in bed and could 
not come. To pay 20s. each to Captain Fargoe and Mr. Medley for 
their expenses. Martin called to the Bar, when the Speaker ac- 
quainted him with the sentence of the House to which Martin 
made this response, " that he could not complain of the justice of 
this House, but of his own misfortunes, and that he had rather the 
sentence of death had passed upon him than this as God was his 
witness " and thereupon went from the Bar. 

June 19. Petition of John Charles Stapleton read ; voted that he be paid 
for the rebellious negroes he killed at Walls House. On reading 
Hutchinson's petition, ordered that Mr. Scroop be sent for to answer 
interrogatories touching Benjamin Whitecomb's estate. The 
privateers petition for release from prison left to the law. Com- 
mittee appointed to inquire into Collett's services against rebellious 
negroes on his petition. Proceedings on several Bills. Petition of 
Elizabeth Atkins about her late husband's estate, a Bill to be 
drawn. 

June 20-23. Concerning Hutchinson's petition above named. Committee to 
inquire about the parties sent out against the rebellious negroes. 
Proceedings on various Bills. Warrant signed by the Speaker for 



102 COLONIAL PAPERS. 



the Marshal to keep Martin in his custody. The Speaker and 
Assembly attend the Council when the Governor signs several Bills. 
Adjourned to 23rd July. [Col. Entry Bk., Vol. XXXVII., pp. 174- 
180.] 

June 7. 287. Report of the Lords of Trade and Plantations to the King. 
That the Lord Privy Seal signify to His Majesty that it now 
remains that the King declare his pleasure concerning the other 
heads of their Lordships' report touching the Leeward Isles pre- 
sented 23rd May last. That the English be restored to their rights 
and possessions in St. Christopher's, and His Majesty's extent of 
sovereignty be asserted by fresh applications to the Court of France. 
That six Ministers be sent to the Leeward Isles. That the two 
Companies of St. Christopher's be recruited out of the guards or 
otherwise. And that a frigate be ordered to attend the Governor for 
his transportation from one island to another and other occasions. 
" Read in Council 8 June 1677." Two copies. {Col. Papers, Vol. 
XL., Nos. 101-102, and Col Entry Bk., Vol. XLVI.,pp. 222-224.] 

June 7. 288. Journal of the Lords of Trade and Plantations. Order 
Whitehall, that the Judges be hastened to make their report on the case of 
Mason and Gorges. Paper of Mr. Randolph referred by His 
Majesty's order of 31st May read and the several heads considered. 
Randolph attends and explains the allegations of his paper. Petitions 
of merchants against the irregularity of the trade in New England 
(formerly read 6th April 1676), and of mercers and weavers to the 
same effect (read 10th April 1676), and Report of the Commissioners 
of Customs read. Sir Thomas Lynch acquainted their Lordships 
that while he was Governor of Jamaica a ship belonging to New 
England came into the port laden with brandy directly from 
France, and on his refusal to permit her to trade, returned to New 
England of which he informed Captain Wyborne, then at New 
England with a frigate, who attempted to seize her but was 
hindered by the magistrates. Another gentleman assured their 
Lordships that on notice of the petition presented by the merchants, 
6th April 1676, there was a ship lying at Amsterdam designed 
directly for New England, which was thereupon directly otherwise 
disposed of. Upon the whole matter their Lordships agree to 
report that the opinion of the Judges be taken on the matter of 
law. On this report it was ordered in Council on the 8th instant, 
that the Committee consider the paper and receive the opinion of 
the Judges upon it. [Col. Entry Bk., Vol. CV.,pp. 52, 54.] 

June 7. 289. Report of Lords of Trade and Plantations to the King. 
Have considered Randolph's representation (see ante, No 218), but 
find the articles of so high concern that before any further progress 
be made it will be necessary to consider the opinion of the Judges 
touching the matter of law. Propose that the paper of atticles and 
such others as may be given in evidence by Randolph be referred 
to the Judges. [Col. Entry Bk., Vol. LX. t pp. 208, 209.] 



AMERfCA AND WEST INDIES. 



103 



1677, 

June 8. 290. Order of the King in Council. Referring Represen- 
Whitehall. tation of Edward Randolph to Lords of Trade and Plantations to 
take the opinion of such judges as they think fit on the heads 
relating to matter of law and that the King's Counsel attend their 
Lordships. ] p. "Read 12 June 1677." [Col. Papers, Vol. XL., 
No. 103 ; also Col. Entry Bk., Vol. LX., p. 209.] 

June 8. 291. Order of the King in Council. Approving report of Lords 
Whitehall. o f Trade and Plantations, and directing the Bishop of London to 
take care that six able Ministers be sent to the Leeward Isles by 
his license and appointment, and that they attend his Lordship 
concerning their transportation and maintenance at their arrival. 
[Col. Entry Bk., Vol. XLVL, pp. 224, 225.] 

June 8. 292. Order of the King in Council on report of the Lords of 
Whitehall. Trade and Plantations. That Mr. Secretary Coventry forthwith 
give directions to His Majesty's Ambassador in France vigorously 
to insist that justice may forthwith be done to His Majesty and 
his subjects that are aggrieved concerning St. Christopher's. [Col. 
Entry Bk., Vol. XLVL, pp. 225, 226.] 

June 1J. 293. Lieutenant-Governor Herbert Jeffreys to Secretary Sir 
Swanns Point. Joseph Williamson. Relation of the late solemnity in Virginia of 
the Indian Peace with which was celebrated His Majesty's birthday 
at the Camp at Middle Plantation (see The Treaty of Peace, ante 
No. 272). Refers to Sir William Berkeley's letter of 28th April, 
(see ante, No. 198), which was not sent to Jeffreys until June 7 by 
Lady Berkeley ; it has given him no great disquiet, because he is 
confident that he stands justified here against every contumelious 
paragraph of it. The minds of the Council poisoned with the 
opinion that Jeffreys acts only as Sir William's Deputy. Has 
suspended one Ballard from the Council and Collectorship, a 
fellow of a turbulent mutinous spirit, yet one that knows how to 
be as humble and penitent as insolent and rebellious, and for these 
virtues is called by Sir William Berkeley his Mary Magdalene, but 
was before Bacon's chief trumpet, parasite, subscriber and giver of 
his unlawful oath, and an eminent abettor of the late rebellion. 
2 pp. [Col. Papers, Vol. XL., No. 104.] 

June 12. 294. Journal of the Lords of Trade and Plantations. Order in 
Whitehall. Council of 8th instant read. Their Lordships think fit to dis- 
tinguish the matter of law from the matter of State ; refer the 
right of the Bostoners to land or government, and their forming 
of themselves into a commonwealth to the Judges and King's 
Counsel as matters of law ; their protection of the King's murderers 
is a matter of State ; coining money, putting to death for matters 
of religion, are to be referred and examination made whether by 
charter they are enabled so to do, and the complaints about His 
Majesty's Commissioners, the oath of fidelity, and the violation of 
the Acts of Trade and Navigation, are looked upon as matters of 
State ; the Book of Laws to be transmitted to the Judges who ar 



104 COLONIAL PAPERS. 

1677. 

to consider of their consistency with His Majesty's charter. Upon 
which it is agreed to report to His Majesty. See next entry. [Col. 
Entry Bk,, Vol. CV.,pp. 60, 61.] 

June 12. 295. Report of Lords of Trade and Plantations to the King. 

Whitehall. H a( j rne t to consider the representation of Edward Randolph, but 
being directed to receive the opinion of the Lords Chief Justices 
and of the King's Counsel, did not think it proper to proceed till 
the Judges had discharged themselves of the case between the 
New England Government and Mason and Gorges. Cannot forbear 
to lay before the King that part of the representation concerning 
the Acts of Trade and Navigation, the breach of which by said 
government has been clearly made out as well by petitions of the 
King's subjects as by other evidence. For the prevention of the 
mischief and in consideration of the customs, which are much 
impaired by the irregular course of trade practised by the Bostoners, 
their Lordships propose that the New England Government 
receive notice of the King's pleasure that said Acts be duly 
executed, and that the Lord Treasurer appoint such officers of the 
Customs at Boston and other parts as the Acts prescribed. Signed 
Anglesey, Craven, J. Bridgwater, J. Williamson, J. Ernie, Philip 
Lloyd. "Read in Council 15 June 1677; to be kept till the 
Judges report come in ; ordered to be read again when the Judges 
give in their report concerning Mr. Mason and Bostoners." 2 pp. 
[Col Papers, Vol. XL., No. 105 ; also Col. Entry Bks., Vol. LX., 
p. 210, and Vol. CV., pp. 61, 62.] 

June 12. 296. Journal of Assembly of Barbadoes. The presenting of a 
sum of sugar to the Governor for the better support of the Govern- 
ment to be considered at the next sitting of the House. The 
Speaker desired, in behalf of the House, to move the Governor that 
he take care the Spaniard, being admitted to trade here, may not 
be to the prejudice of the country. Ordered that the Governor be 
desired, at the next sitting, to appoint Members of the Council 
to join with a Committee of the Assembly to settle the accounts of 
the Treasurer for the Excise and the Receivers appointed by the 
last Act, and to consider the renting out of the Excise and the 
method. Adjourned to 1 Oth July 1 677. [Col. Entry Bk., Vol. XIII., 
pp. 259, 260.] 

June 12. 297. Depositions and examinations taken upon oath by virtue 
of the Dedimus of His Majesty's Commissioners of 26th May last, 
to John Epps, James Bisse, Nicholas Wyatt, and John Stith, of 
Charles City County, in reference to the remonstrance and address 
of the same county, in order to the proving the complaints and 
grievances therein mentioned. 16 pp. [Col. Papers, Vol. XL., 
No. 106.] 

June 13. 298. Instructions [from Governor Andros] to Lieutenant Anthony 
Brockles and Ensign Csesar Knapton, together with Mr. Matthias 
Nicholls, for erecting a fort at Pemaquid. Endorsed, " Received 



AMERICA AND WEST INDIES. 



105 



1677, 



June 14, 



June 15. 
Whitehall. 



June 15. 

Whitehall. 



June 1 6. 

Whitehall. 



from Sir E. Andros. Printed in New York Documents, Vol. ///., 
pp. 248, 249. 3 pp. [Col Papers, Vol. XL, No. 107.] 

299. Journal of the Lords of Trade and Plantations. Letter 
read from Sir Jonathan Atkins, dated 17th April 1677, wherein he 
desires an explanation of the word "journal," required by their 
Lordships in their letter of 21st December 1676. Agreed to reply 
that they do not mean impertinencies mentioned by him, but a 
particular relation of all things enumerated in their first letter of 
llth August 1677 (sic), and a letter is accordingly ordered to be 
prepared. Inquiry to be made at the Admiralty whether any 
frigate be dispatched for the Leeward Islands. Agreed to move 
His Majesty in Council that orders be speedily given for recruiting 
the two companies at St. Christopher's. Account read of the 
islands of Statia, Saba, and'Tortola, how they have been formerly 
possessed, and what advantage they may procure to the English 
plantations in case they do remain under His Majesty's sovereignty, 
in order to give Colonel Stapletou directions how to behave himself 
in case they be redemanded by the Dutch in pursuance of the 
treaty at Breda, which at present they forbear to do. by reason 
of the strength of the French in those parts. After long debate, 
agreed to direct Colonel Stapleton to continue said islands in the 
state they are at present, and not to make surrender of them until 
further order. [Col. Entry Bk., Vol. CV., pp. 63, 64.] 

300. Order of the King in Council. A motion made by the 
Lords of Trade and Plantations about recruiting the two companies 
at St. Christopher's. His Majesty declared he would give orders 
for it in due time. [Col. Entry Bk., Vol. XLVI pp. 226, 227.] 

301. The King to Governor Sir Jonathan Atkins. To cause 
John Witham to be sworn a member of the Council of Barbadoes as 
soon as any place of a Councillor becomes void. [Col. Entry Bk., 
Vol. XCV., p. 208.] 

302. Secretary Coventry to Sir William Berkeley. Is commanded 
by His Majesty to let him know that His Majesty would speak 
with him because there are some ships now going to Virginia, and 
His Majestv would see what further instructions may be necessary 
to be sent by them. [Col. Entry Bk., No. XCV., p. 207.] 

303. The names and short characters of those that have been 
executed for the late rebellion in Virginia " from the Governor's 
own hand." Five at Accomac, viz., Johnson, Barlow, " one of 
Cromwell's soldiers," Carver, Wilford, and Harsford ; four at York 
" whilst I lay there," viz., Young, Page, Harris, and Hall, a clerk 
of a county but more useful to the rebels than forty armed men. 
William Drumrnond a Scotchman, at the Middle Plantation, and 
three, viz., Colonel Crewes, Bacon's parasite, Cookson, and Darby 
(Digby in Col. Entry Bk.) " condemned at my house and executed 
when Bacon lay before James Town." 2 pp. Two copies. [Col. 
Papers, Vol. XL., NOB. 108, 109; also Col Entry Bk., Vol.LXXXL, 



106 



COLONIAL PAPERS. 



1677, 



June 19. 
Whitehall. 



June 20. 
Whitehall. 



304. Petition of Sir William Berkeley, Governor of Virginia, to 
the King. Has been above 35 years Governor of Virginia, which 
Colony he recovered from almost a state of ruin. It now produces 
nearly 100,000. per annum revenue to the Crown in Customs, and 
was in a flourishing state till Bacon's rebellion, when the petitioner 
not only hazarded his life, but is totally ruined in his fortunes, to 
the value of above 10,000?. sterling. But that which is yet more 
insupportable, he has been misrepresented to His Majesty, being 
sent home for England, so that by reason of a tedious passage and 
grief of mind, petitioner is reduced to extreme weakness, and being 
desirous to clear his innocency before he dies, prays that if there 
be any aspersions or calumnies against him he may clear his 
innocence and not be disturbed in the receipt of his salary, the only 
support left to himself and family. 1 p. [Col. Papers, Vol. 
XL., No. 110.] 

305. Secretary Sir H. Coventry to Sir Jonathan Atkins, 
Governor of B'arbadoes. Has forborne a good while writing about 
Mr. Wyatt's business as Clerk of the Market out of a willingness to 
comply with his motion of accommodating the matter between the 
parties if it could have been done, and to that end has had patience 
till Fitzherbert, father of him who executes that office now, was 
come to London and had conference with Wyatt in order to an 
agreement. But Wyatt says he doth so undervalue the office in his 
offers that there seems no appearance of bringing them to an accord, 
thereupon could no longer defer acquainting His Majesty with the 
state of the case, who is firm in his resolution of doing Wyatt both 
justice and kindness. His Majesty therefore will have his Letters 
Patent take place, and commands that he who now executes that 
office surrender the same without delay unto such capable person as 
Wyatt shall appoint, who Governor Atkins is forthwith to admit 
into the actual execution and benefit of the place. Should have 
been glad the parties had given him occasion to write otherwise, 
but all he can say is that His Majesty's (commands) must be obeyed. 
[Col. Entry Bh, Vol. CX., p. 111.] 

306. Journal of Lords of Trade and Plantations. Their Lord- 
ships taking notice that the laws of Jamaica referred to Mr. Attorney 
General have remained long with him without dispatch, order a 
letter to be written to him to hasten his report. Mem. On 15th 
following my Lord Privy Seal did in the Council Chamber express 
their Lordships' intentions that this letter should be suspended until 
after the term. [Col. Entry Bh, Vol. CV., p. 67.] 



June 20. 307. " Reflections on the state of the Spaniards and the island 
of Jamaica," [by Sir Thomas Lynch]. It is to the English interest 
that the Spaniards be preserved in the possession of what they 
have in the West Indies, for their colonies are large and thin of 
people, so they cannot take from the English anything they 
hold. The Spaniards have great wealth and no industry, so 
the English that trade to Spain and in the West Indies may get 



AMERICA AND WEST INDIES. 



107 



1677. 



1C75. 
June 21. 
Westminster. 



1677. 
June 21. 

Whitehall. 



June 22. 

[Maryland.] 



sufficiently by them which they cannot by any other nation, It is 
as much against the interest of England to have any more colonies 
in America as it is for it to have those they now possess peopled 
and fortified, especially Jamaica, which would then do more against 
the Spaniards than all the power of England. Reasons why war 
and privateering obstructs the planting and peopling of Jamaica. 
To check the Spaniards and show the King's resentment of any 
affronts done His Majesty, suggests that the King give the new 
Governor of Jamaica the title of Viceroy of Jamaica, New England, 
or America, and that if the King assumes the power of placing 
Governors in New England they may have an appearance of 
depending upon Jamaica, and have the powers and advantages 
which are set forth. 3 pp. [Col. Papers, Vol. XL., No. Ill,] 

308. Grant of the Office of Lieutenant and Governor-General 
of Virginia to Thomas Lord Culpepper, during life, in reversion 
after the death or other determination of Sir William Berkeley. 
This Grant is dated 1675 and abstracted in the previous Volume of 
this Calendar, p. 247, No. 599, and the Patent is dated 8 July 1675. 
By an Order of the King in Council of 20 July 1677, Lord 
Culpepper attended and took the oaths as Governor, see No. 360. 
[Col. Entry Bks., Vol. LXXX.,pp. 299-303, and Vol.XCV.,p. 158.] 

309. Lords of Trade and Plantations to Governor Sir Jonathan 
Atkins. Have perused his letter of 17th April (see ante, No. 187). 
Cannot but take notice of the great difficulty he finds to compre- 
hend their meaning of the word "journal." Desire him to reflect 
upon their letter of llth August 1675, wherein they expected from 
him a journal of all things upon the distinct heads there at large 
enumerated. Are sorry he should think they wanted an account 
of trivial matters or impertinences, and hope a Government of 
such importance may present him with material occurrences for 
their advertisement, so that they may the better be enabled to 
provide for the security of that Government and the encouragement 
of His Majesty's subjects there. Hope His Majesty's frigate the 
Constant Warwick, Captain de la Ware, has arrived at Barbadoes. 
[Col Entry Bk., Vol. VI., pp. 173-174.] 

310. Lieutenant-Governor Thomas Notley to [Governor of 
Virginia]. Has sent an agent to New York, by means of Colonel 
Andros, to come to a treaty with the heads of all the nations who 
were in a possibility of annoying us who wishes to know what the 
Governor of Virginia's designs may be as to the Indians that live 
to the northward that he may not thwart them. Desires he will 
signify his resolutions with speed, because the Congress at Fort 
Albany is appointed for 15th July. It is the custom of the Indians 
to make presents with every Article of peace, and they expect the 
same from us, so desires to know what he will insist upon, and the 
presents he will think for us to give in his behalf. 1 p. [Col. 
Papers, Vol. XL., No. 112.] 



108 



COLONIAL PAPERS. 



1677. 
June 22. 

[Virginia.] 



June 26. 

Whitehall. 



June 26. 

Jamaica. 



311. Nicholas Spencer to Philip Calvert, Chancellor of Mary- 
land. Is sorry Pinckney's deceits are so prevalent. The 29th May 
produced a peace, but cannot say the terms. The Nanzatico 
Indians came not in, but some have since come who declare their 
willingness to peace, and to manifest it run the hazard of their 
lives privately to get into English houses as a sanctuary where 
the} 7 had formerly lived, and had been destroyed by our wild- 
headed rabble if Spencer had not restrained them. 1 p. [Gol, 
Papers, Vol. XL., No. 113.] 

312. Journal of Lords of Trade and Plantations. Being 
informed that a ship is going within a month to the Leeward 
Islands their Lordships agree to move His Majesty in Council that 
order be speedily given for the recruits intended for St. Christopher's. 

The Lord Privy Seal having acquainted their Lordships that 
several considerable sums of money raised in Virginia in 1674 and 
1675 as a public stock to be made use of for rewards and other 
expenses for defraying the charges of agents sent to procure a 
charter for that Colony and other public necessities, had been 
lately (by a new assembly called by Sir William Berkeley, while 
affairs were yet iu distraction, and the regular manner of elections 
unsettled) disposed of and distributed by bills of exchange drawn 
upon the Treasurer now remaining in England, to uses which are 
neither like to be agreeable to the intentions of the new Assembly 
(called by the present Governor) nor conducing to the resettlement 
of that country which is in a very miserable and necessitous 
condition, their Lordships agree to propose in Council that His 
Majesty call before him the Treasurers and other persons concerned 
in Virginia, and to examine the true state of this matter in order to 
give such directions as may be for His Majesty's service and the 
good of the Colony. [Col. Papers, Vol. XL., No. 114 ; also Col. 
Entry Bks., Vol. LXXX., pp. 138, 139, and Vol. CV., pp. 71-73.] 

313. Governor Lord Vaughan to Secretary Coventry. The 
Assembly have not yet finished their business. Has transmitted 
some Bills passed. Remarks on an Act declaring it felony for any 
of His Majesty's subjects belonging to this island to serve under a 
foreign prince. Advice from Petit Guavos that the Dutch had 
burnt all French vessels on the coast of Hispaniola, and had taken 
Curasao with 500 negroes and 28 Ibs. of gold, and gone to 
Caymanos. Thinks D'Estrees is still at Martinique. It grieves 
him to be forced to send home the frigate when there is so much 
need of her, begs that another be speedily sent to preserve their 
trade. Annexed, 

313. I. List of all the laws made in Jamaica. It includes the 
titles of those made by Sir Thomas Lynch in 1 672 and 
by Lord Vaughan in 1675, abstracted in previous volumes 
of this Calendar ; also titles of the Acts made at 
Jamaica, 9th April 1677, now transmitted by Governor 
Vaughan. 



AMERICA AND WEST JNDIES. 109 

1677, 

313. II,, III. Titles of the Acts made at Jamaica, 9th April 1677, 
and referred to in Governor Vaughan's above letter, with 
abstracts of the ten Acts passed. Two copies. 

313. IV. An Act declaring the laws of England in force within 
this island and the territories thereto depending, being 
No. 7 in above list of Acts. J677, April 9th. [Col. 
XL., Nos. Papers, Vol. 115, 115 i.-iv. ; also Col. Entry 
Bh, Vol. XXIX,, pp. 139-142.] 

June 26. 314. Governor Josiah Winslow to the King. " Your unworthy 
New Plymouth, servant and subject humbly craves your royal pardon for this bold 
intrusion to kiss your hands by these rude lines, and hope I shall 
obtain it, because they flow from no other fountain but the loyalty 
of my heart and affection to your Majesty's person and interest. 
I have been greatly ambitious ever since your happy return to 
your kingdoms to have waited on your Majesty that I might have 
obtained the happiness to see the Prince in whom the nations that 
are your subjects are so happy, but being prevented by some public 
employments upon me (though unworthy) in this your Colony of 
New Plymouth, and especially in two or three years last past of 
our troubles occasioned by the rebellion of our neighbouring 
Sachems or Indian Princes and their people and allies, I despair 
(at least for the present) to enjoy such a favour, and therefore 
adventure these few lines." Will not trouble Hi Majesty with tho 
calamities they have suffered from so barbarous an enemy (because 
that will be presented to His Majesty by some that have lately put 
forth the narrative), but assures the King that the rebellion was 
not provoked, and that they had not failed to the uttermost of 
their power to maintain the King's interest and their own against 
their violent intrusions. Craves His Majesty's favourable acceptance 
of a few Indian rarities, the best of their spoils of the ornaments 
and treasure of Sachem Philip, the grand rebel, most of them 
taken by Captain Benjamin Church (a person of great loyalty and 
the most successful of their Commanders) when slain by him, being 
his crown, gorge, and two belts of their own making of their gold 
and silver. Prays that God will bless the King with a numerous 
and virtuous progeny. Endorsed, " From the Gov r of Plimouth 
with the Indian spoiles." 1 p. With seal. [Col. Papers, Vol. XL., 
No. 116 ; also copy oj the above, dated June 12, (Jol. Entry Bk., 
Vol. LXL, p. 28.] 

[June 30.] 315. The King to Lord Vaughan, Governor of Jamaica. Has 
Whitehall, received from him several letters and depositions of the cruel 
treatment of His Majesty's subjects by the Spaniards and referred 
same to Committee of Trade, upon whose report His Majesty will 
give directions agreeable to justice. In the meantime the case of 
William Winford, fourth son of Sir John Winford, hath been 
already examined, who find that about two years since, being 
master and owner of the Adventure, he was shipwrecked in the 
Bay of Campeachy, then took whipping under command of Captain 



iio 



COLONIAL PAPERS. 



1677. 



White, whose ship in August last was taken by Spaniards, and said 
Winford and all on board carried prisoners to the Havanna and 
used in a most barbarous manner. Requires him to represent to 
the Governor of the Havanna this affront to His Majesty and 
severe treatment of his subjects, and that they be released from 
confinement. Mutilated. [Col. Entry Bk., Vol. CX.,p. 112.] 



July 3. 

Whitehall. 



316. Journal of Lords of Trade and Plantations. Mr. Secretary 
Coventry acquaints their Lordships that having presented to His 
Majesty several letters and papers lately received from the 
Commissioners and Governor of Virginia, His Majesty refers them 
to their Lordships' examination, and promises to transmit the same 
to them. 

Their Lordships, taking notice that, after so long time, the 
Judges have not yet made their report concerning the difference 
between Mr. Mason and the Government of Boston, order their 
Lordships to be reminded and desired to hasten their report. 
Mem. In the evening Mr. Blathwayt attended my Lord Chief 
Justice Rainsford, who declared that he would prepare the report, 
if possible, for Thursday se'night. [Col. Entry Bk., Vol. CV., 
pp. 75, 76.] 



July T V 

Barbadoes. 



317. Governor Sir Jonathan Atkins to Lords of Trade and 
Plantations. Sickness has made him incapable of doing business, 
and he still languishes under the weakness of so great a distemper 
usual in this climate and often fatal. Has been alike unfortunate 
in two ships bound home, which carried his letters, and sprung 
leaks at sea, forcing them to Antigua. The merchants traders 
hither are in England, Jacob Lucie, Sir John Bendish, John 
Bawdon, Captain George, Colonel Searle, Sir Peter Leir, and others 
he knows not. These have all very considerable plantations here, 
and return great quantities of sugar. Goods imported not con- 
siderable, provisions excepted ; greatest part of ships' cargoes 
liquors ; very few factors of value. Colonel Drax, one of the first 
gentlemen of the island, who is thought to ship sugars to the value 
of 5,000. sterling. Colonel Samuel Newton has a very considerable 
estate. All the Council have considerable plantations, and so have 
very many more, which will be too tedious to give in particulars. 
To make a computation of the commodities of this island exported 
is very difficult, it amounts to many millions of sugar (sic) yearly, 
of several rates, the coarse Muscovado the greatest. Very little 
ginger and indigo grown, and no tobacco. Appeals to their Lord- 
ships' justice in an affair which concerns both his honour and 
interest as to an Order of the King in Council for him to pay 
2,700?. for a prize brought in by the Phoenix frigate condemned in 
the Admiralty Court of England, all the particulars of which he 
describes. Death of Colonel Henry Hawley, one of the Council, 
nearly 80 years of age, who forty years ago was Governor. Reed. 
11 Sept. 1677. 2 pp. [Col. Papers, Vol. XLI., No. 1, and 
Col Entry Bk. t Vol. VL,pp. 180-184.] 



AMERICA AND WEST INDIES. Ill 

1677. 

July 6, 318. List of Papers concerning Virginia delivered to Mr. Blath- 
wayt which His Majesty has commanded that the Lords of Trade 
and Plantations do consider and report their opinion thereon. 
These include the Declaration of Governor Herbert Jeffreys of 
27th April, letter of the Commissioners to Governor Berkeley and 
the Governor's reply of 23rd April, also letter from Lady Berkeley 
of 23rd April, and letters from Governor Berkeley of 25th April, and 
of the Commissioners to Mr. Watkins of 4th May, all calendared in 
order of date. Signed by Sir H. Coventry (Col. Papers, Vol. XLI., 
No. 2) and were referred as above on 14th July 1677. [Col. Entry 
Bk., Vol. LXXX.,p. 144.] 

July 10. 319. Journal of Assembly of Barbadoes. Eesolved to present 
the Governor with 200,000 Ibs. of Muscovado sugar for his support 
in the Government of this island, and that Colonel William Bate, 
Treasurer, pay the same out of the excise upon liquors. That the 
Speaker request the Governor and Council that the Bill 'presented 
by the last Assembly for regulating the Court of Chancery and the 
fees, and also a Bill to suppress seditious conventicles, may pass or 
be returned with amendments. Also that the Governor will enquire 
into the cause why the public informers are discountenanced 
contrary to the Act for preventing Quakers bringing negroes to their 
meetings. Also that the Governor having been hindered by sick- 
ness will now expedite the business of the fortifications. Ordered 
that the Treasurer pay the salary of Thomas Rawlins, chief 
gunner of the forts at Austin's Bay, 5,000 Ibs. of Muscovado 
sugar, also 2,000 Ibs. to John Price as clerk upon the Committee 
for inspection of the laws. Matthew Yates to have credit for 
excise of thirty-two pipes of Madeira pricked and unsaleable. 

July 11. Act to empower Benjamin Middleton to sell his estate for 
payment of his debts read the second time. Ordered that the 
Treasurer allow to William Goodall for his levy on lands and 
negroes and houses, and for those belonging to Robert Margetts 
and for a debt due to the estate of Thomas Pargiter. Also that 
Tobias Frere be also allowed his levy. Petition of Richard SeaweU 
for payment of about 10,000 Ibs. of sugar due to him for making 
carriages, ironwork, and other materials for mounting the guns about 
the forts at Austin's Bay, granted. Committee appointed of the 
Council and Assembly to adjust and settle the accounts of the 
Treasurer for the excise and the several Receivers appointed by 
the last Act for the levy on land and negroes, and to consider the 
renting out of the excise. On petition of Samuel Checklcy, the 
duty to be allowed on three pipes of wine turned sour and unsale- 
able, and on petition of Edward Crispe the duty to be allowed on 
seventy butts of wine burnt in the year 1668 ia the town of 
St. Michaels to his great loss. Petition of Jacob Legay for his 
disbursements about the Bridge and of Robert Stanford for repay- 
ment of his overpaid levy. Act explanatory of the Act of 
underwriting and arrests, passed. Adjourned to 4th September 
1677. [Col Entry Bk., Vol. XIII., pp. 260-265.] 



112 



COLONIAL PAPERS. 



1677. 
July 11. 
Whitehall. 



July 11. 

Whitehall. 



July 11. 



July 11. 



July 11. 



320. Order of the King in Council. On report of the Lords of 
Trade and Plantations in reference to the appropriation of con- 
siderable sums of money raised in Virginia in 1674 and 1675 that 
Thomas Ludwell and Colonel Daniel Parke, Treasurer for Virginia, 
attend the Board concerning this matter on the 13th instant, and 
that in the meantime no public moneys of said Colony be disposed 
of. [Col. Entry Bk, Vol. LXXX., pp. 142, 143.] 

321. Order of the King in Council. The Lords of Trade and 
Plantations finding it requisite for His Majesty's service that copies 
of several commissions, charters, and patents be taken out of the 
Rolls, ordered that such copies be delivered to their Lordships 
without fee or charge whatsoever, except the labour of the clerks 
employed in the searches and transcribing said copies according to 
custom. [Col Entry 3k., Vol. XCVIL, p. 46.] 

322. Memorandum of the Lords of Trade and Plantations. 
The Lord Privy Seal is desired to signify to the King in Council 
that whereas by an Order of 15th June (see ante, No. 300) His 
Majesty directed that levies should be made for the recruit of the 
two companies at St. Christopher's in due time, their Lordships 
being informed a ship is shortly departing for those parts, desire 
His Majesty to declare his further pleasure concerning said levies. 
Annexed, 

322. i. Order of the King in Council. Recommending to the 

care of Lords of Trade and Plantations to see that all 
necessary orders be forthwith issued for making said levies 
and transporting them to St. Christopher's by the con- 
veniency that now offers. [Col. Papers, Vol. XLI., No. 3, 
and Col. Entry Bk., Vol. XLVI., pp. 230-231.] 

323. Memorandum concerning (injuries done to the English by 
the Spaniards in the West Indies under pretence of the logwood 
cutting. That the Lord Privy Seal is desired by the Lords of Trade 
and Plantations to signify to His Majesty on reading their Lord- 
ship's Report on this subject, that the chief questions upon which 
these differences arise are 1. Whether the English have any right 
to cut logwood in any part of the West Indies claimed by the 
Spaniards? 2. Whether the Spaniards have right to take all 
ships they find at sea laden with logwood ? 3. Whether the 
Spaniards have right to seize all ships which they find upon their 
coast? "Read in Council, 11 July 1677." Two copies. [Col. 
Papers, Vol. XLI., Nos. 4, 5.] 

324. Report of the Lords of Trade and Plantations to the King. 
That having received through Secretary Coventry several letters, 
accounts, and depositions (referred to above) transmitted by Lord 
Vaughan, touching injuries and affronts offered by the Spaniards 
to the English in the West Indies, and considering that not only 
His Majesty's sovereignty appears to be thereby disputed but his 



AMERICA AND WEST INDIES. 113 

1677. 

subjects obstructed in their lawful trade and oppressed by 
unwarrantable cruelties, their Lordships lay the whole facts before 
His Majesty. Lord Vaughan also adds he was credibly informed 
no less than sixty English remained at the Havanna prisoners, who 
were worse used than they would be in Algiers and are without all 
hopes of redemption. These sufferings and the continual breach of 
peace call for effectual and speedy redress. Draft ^uith corrections, 
10 pp., also fair copy. Two papers. [Col. Papers, Vol. XLI., 
Nos. 6, 7, and Col. Entry Bk., Vol. XXIX., pp. 129-133.] 

July 11. 325. Order of the King in Council on preceding Report. That 
Whitehall. Secretary Coventry speaks effectually with Count Bergeyh, Spanish 
Envoy Extraordinary, for redress of the affronts and injuries 
referred to, and acquaint him that if some speedy course be not 
taken, His Majesty will be forced by the clamours of his subjects 
to use such means for their reparation as honour and justice oblige 
him to, and that Secretary Conventry expostulate with said Envoy 
Extraordinary that His Majesty's subjects have free liberty to 
trade in logwood in regard it is not contraband, but frequently 
sold by the Spaniards to His Majesty's subjects. [Col. Papers, 
Vol. XLI., No. 8, and Col. Entry Bk., Vol. XXIX., pp. 128-133.] 

July 11. 326. Repoit of Lords of Trade and Plantations to the King. 
On petition of Thomas Martin and Leonard Compeare complaining 
that they are discouraged and obstructed by Governor Lord 
Vaughan in the execution of the office granted to them by patent 
to receive all duties payable to His Majesty in Jamaica, offering 
their opinion that His Majesty forthwith signify his pleasure to 
Loid Vaughan to admit petitioners into full possession of the office 
of Receiver. Draft and fair copy. Together, two papers. 6 pp. 
The above petition ivith several enclosures including the Ordtr of 
the Xing in Council approving aforesaid Report are all abstracted 
in the previovN volume of this Calendar, see Nos. 986, 98G i.-xi. 
[Col. Papers, Vol. XLI., Nos. 9, 10.] 

July 12. 327. Petition of Thomas Martin of Jamaica, merchant, to Lords 
of Trade and Plantations. Praying their Lordships to report so 
much of his case as has been already agreed on, leaving the matter 
of instructions until the Lord Treasurer give his directions. Signed 
by Thomas Martin. " Rec. 5 July, Read 12 July 1677. Ordered." 
Their Lordships in consideration of the long attendance of the 
petitioner ordered accordingly. Annexed, 

327. I. Order in Council on report of Lords of Trade and 
Plantations that Secretary Coventry prepare a letter 
for the King's signature to Governor Lord Vaughan to 
admit petitioner to enjoy the full benefit of his patent. 
1677, July 13. 

327. II. The King's letter to Governor Lord Vaughan above 
mentioned. Whitehall, 1677, July 14. [Col. Papers, 
Vol. XLI., Nos. 11, 11 L, ii. ; and Col Entry Bks., Vol. 
&CV., p. 209, and Vol VV. f p. 79.] 
850:^. H 



COLONIAL PAPERS. 

1677. 

July 12. 328. William Sherwood to Secretary Sir Joseph Williamson. 

Virginia. Has formerly given him the trouble of Ids two petitions to the 
King, and begged he would promote this affair. Has now desired 
his friend Samuel Wiseman to importune his Honour in it, because 
his future well-being depends thereon ; he will give an ample 
account of the rise, progress, and cessation of the troubles here. 
1 p. [Col. Papers, Vol. XLI., No. 12.] 

329. Petition of William Sherwood of James City, Virginia, to 
the King. Several inhabitants of said Colony who were executed 
for rebellion were indebted to petitioner and have forfeited their 
estates. Petitioner came to England on purpose to inform His 
Majesty of the miserable condition of said Colony and has been a 
great sufferer by the rebellion. Prays that he may receive his 
just debts out of said forfeited estates. Annexed, 

329. I. Affidavit of William Sherwood of James City, gentleman, 
before His Majesty's Commissioners for Virginia. Amount 
of debts due to him by several persons named, all of whom 
have been attainted or executed for their late rebellion. 
Certified by the Commissioners. 1677, May 26. 2 pp. 
[Col. Papers, Vol. XLI., Nos. 13, 14 ; see also Col. Entry 
Bk., Vol. LXXXI., p, 431.] 

July 12. 330. Petition of William Sherwood of James City, Virginia, 
gentleman, on his own and Richard James' behalf, to the King. 
That while on his voyage to England to inform His Majesty of the 
miserable condition of the Colony, the late Governor Sir William 
Berkeley having left James Town to the rebels, they beseiged it 
and totally burnt and destroyed said town, with the Church and 
State House ; in which fire, in right of said James, an orphan, 
petitioner lost one thousand pounds sterling. That Richard 
Lawrence, one of the grand rebels, did with his own hands destroy 
petitioner's houses, and having neither wife nor children is fled out 
of said Colony. Prays a grant of such of said Lawrence's estate 
as he can discover in Virginia. 1 p. [Col. Papers, Vol. XLI., 
p. 15.] 

July 13. 331. The King to Lord Vaughan, Governor of Jamaica. By 
Whitehall. Letters Patent of 16th September 1672, His Majesty erected an 
office of Chief Clerk to attend the Supreme Court at St. Jago de 
la Vega, and granted said office to Robert Clowes, to be exercised 
by him or his sufficient deputy ; and whereas said Robert Clowes 
did appoint two deputies, who both died soon after being ad- 
mitted to said office and thereupon deputed another fit person 
to succeed them whom his Lordship has refused to admit, and 
having now nominated Charles Herbert to be his deputy whom 
His Majesty is informed to be well qualified, His Majesty, on 
report of the Lords of Trade and Plantations, hereby signifies his 
express pleasure that Lord Vaughan forthwith admit said Charles 
Herbert to said office ;. and also be assisting to said Robert Clowes 
or his assigns in the recovery of all fees, profits, and arrears due to 
from said office since he has been entitled thereto, and has 



AMERICA AND WEST INDIES. 115 

1677. 

legally appointed his deputies, reasonable satisfaction being made 
to those who have officiated by his Lordship's order. This tetter 
was written on petition of Robert Clowes, see Order of the King in 
Council, ante No. 28 v., 3 pp. [Col. Entry Bks., Vol. XXVIII, 
pp. 153-155, and Vol. XCIIL, pp. 153, 154.] 

July 13. 332. Order of the King in Council. That Thomas' Ludwell and 
Whitehall. Coloned Daniel Parke, Treasurers for Virginia, forbear to issue out 
or dispose of any public monies (of Virginia) to any persons what- 
soever, without receiving His Majesty's Order in Council for the 
same. [Col. Entry Bk., Vol. LXXX., pp. 143, 144.] 

July 13. 333. Nathaniel Morton, Secretary, by order of the 'General 
New Plymouth. Court, to the King. Humbly begs pardon for not having given an 
account of their late troubles in the day of them, which was not 
from any disrespect. Philip, a proud and- ambitious Sachem, began 
the mischief in this Colony, which by unmanly treacheries and great 
sufferings gave occasion to some that judge only of events to pass 
hard censures on them. It was always their care to live kindly and 
inoffensively by the Indians ; they possessed not one foot of their 
lands but what they obtained by lawful purchase. When an English 
plantation was near a body of Indians the English frequently fenced 
their fields for them that the cattle might not damnify them, and 
on complaint of trespass English justice was speedily granted, yet 
they treacherously fell on our most remote and weakest plantations, 
committing outrages 011 those that had been most kind to them. 
The plot was generally against all the English. Will not trouble 
the King with an account of the war, as it will be presented in 
Mr. Hubbard's printed narrative. All the benefit they can hope 
for is that they, being fre< d of such ill neighbours, may live quietly 
and be protected against the encroachment of their English neigh- 
bours on their conquered lands which have cost them dear and are 
within their patent grant. Their Rhode Island neighbours were so 
ungrateful that, after having had the island given them when 
banished by the Massachusetts, they obtained of the King by mis- 
information a good quantity of our best lands on the main,* now 
called Conquest Lands, which were returned to Plymouth on better 
information by the Commissioners ; they are coveting it again, as 
there is reason to fear, and some may pretend to have a right by 
purchase, but this could not be good, the lands being within 
Plymouth Patent, and there being a law that no one should obtain 
lands of the Indians without the Court's allowance. The truth is 
the authority of Rhode Island being in the hands of Quakers during 
the war they scarcely showed an English spirit either in offering to 
assist their distressed neighbours or relieving their own plantations 
on the main, but on the rout of the Indians took in many of their 
enemies, thereby making a profit of their neighbours' expense of 
blood and treasure. They would rather bear some injuries than 
complain, and if too much oppressed will rather address the King 
than attempt to right t he m selves on their fellow-subjects Requests 

K 2 



116 



COLONIAL PAPERS. 



1677. 



July 16. 

Aboard the 
Bristol, 
Virginia. 



July 17. 
Whitehall. 



July 17. 

Whitehall. 



the King's protection. 1 p., with seal. [Col. Papers, Vol. XLL, 
No. 16; also Col. Entry Bk., Vol. LXI.,pp. 5-10.] 

334. Thomas Ludwell to Secretary Sir Joseph Williamson. 
Seven months on his passage ; the three weeks he has been back too 
short a time to enquire into the true causes of the discontents yet 
amongst the people which the Commissioners have not effectually 
taken away. Is of opinion it will very much contribute to their 
future settlement if His Majesty send a full Act of Indemnity, but 
with reservation of every man's right to the recovery of just debts. 
Doubts not many wiil beg the estates of those who suffered for 
their rebellion ; his opinion thereon, " since in such disturbances it 
is impossible, but all who had estates must suffer loss, so such 
course may be taken to lessen it as shall be found practical." 
His Majesty's ships under the command of Sir John Berry near 
sailing ; no supplies can be had this time of year where the people 
make tobacco their sole commodity. Wants of the soldiers ; in a very 
sickly condition. Thinks 200 men placed in a good fort sufficient 
to prevent any future disturbances ; suggests an impost upon all 
liquors impoited, as at Barbadoes, to defray the charges. 2 pp. 
[Col. Papers, Vol. XLL, No. 17.] 

335. The King's Warrant to Sir John Robinson, or in his absence 
to Captain Francis Rainsford at the Tower of London. To raise by 
beat of drum about the City of London 57 men for recruiting the 
two foot Companies in St. Christopher's. Countersigned by 
Secretary Sir Henry Coventry. Annexed, 

335. i.-ii. Two lists of the names of the fifteen and forty-two 
private soldiers raised by Captain Rainsford and 
mustered at the Tower. Signed by D. Cranford. 

335. III. IV. Contract with the Commissioners of the Navy for 
transporting the above soldiers to St. Christopher's in the 
Hope well, 120 tons, Michael Russell, Master. Also Heads 
of said Contract. 1677, July 24. 

335. v.-vil. Receipts for the soldiers aboard the Hopewell with 
their names. Also fpr 57 beds, rugs, blankets and pillows, 
and for clothing. 1677. August 9th- 1 1th. 

335. VIII. Account of the red coats, breeches, shirts, shoes, 
stocking, hats, neck-cloths, beds and beddings, hammocks 
for the above 57 soldiers. Total cost IQQl. 5s. 6<:7. 
" Allowed this 21st September 1677." 

335. IX. Account of the charges for raising, keeping, and em- 

barking 57 men, recruits for His Majesty's service in 
St. Christopher's. Total, 115Z. lls. Qd. " Allowed, 8th 
November 1677." Together, ten pages. \Col. Papers, 
Vol. XLL, Nos. 18, 18 i.-ix., and Col Entry Bk., 
Vol. XL VI., pp. 232-240.] 

336. The King's Order, signed by Secretary Sir Henry 
Coventry. That the seven papers herein described relating to the 



AMERICA AtfD WEST INDIES. 117 

1677. 

affairs of Virginia be referred to the consideration of the Lords of 
Trade and Plantations. [Col. Papers, Vol. XLL, No. 19 ; also Col. 
Entry Bfc., Vol. LXXX., pp. 151, 152.] 

July 17. 337. Memorial of abuses which are crept into the Churches of 
the Plantations presented to the Lords of Trade and Plantations 
by [Henry Cornpton], Lord Bishop of London. In reference to 
the King's right of patronage and presentation to all vacant 
benefices ; the profits of each vacant parish ; the hiring of 
ministers ; the payment to them in commodities, generally the 
worst and over-rated; the want of public places m Virginia to 
bury the dead, " insomuch that that profane custom of burying in 
their gardens, orchards, and other places still continues " ; the 
authority of vestrit s ; the defect in the execution of two Acts in 
Virginia, prohibiting the solemnization of marriages without a 
lawful minister, imposing punishment for fornication, and making 
the children illegitimate, and prohibiting the exercise of the 
ministerial function without ordination from some Bishop in 
England ; and the want of care for the passage and other accom- 
modations of ministers sent over. Endorsed, " Received from the 
Bishop of London, 17 July 1677, and read at the Committee. 
[Col Papers, Vol. XLL, No. 20, and Col. Entry Bks., Vol. LI I., 
p. 27, Vol. LXXX. , p. 150, and Vol. XCVH., pp. 47-49.] 

July ? 338. Answers to the preceding memorial [? in the handwriting 

of the Lord Bishop of London]. Desires that notice be given of all 
vacancies, and that none without orders be permitted to officiate ; 
that profits of vacant parishes be laid out for repairs of the church, 
and for conveying over ministers to supply them ; that ministers 
be constantly resident in their parish, and not permitted to hold 
more than one parish ; that churchyards be allotted, and bounded 
in ; that vestries be reformed, according to the use of England ; 
that all marriages be solemnized by lawful ministers; and that 
some provision be always ready for transporting ministers. I p. 
[Col. Papers, Vol. XLL, No. 21.] 

July 17. 339. Journal of the Lords of Trade and Plantations. On 
\\ hitehali. consideration of the Order of Council requiring the Committee to 
take care for the raising recruits for St. Christopher's, their Lord- 
ships desire Mr. Secretary Coventry to deliver a warrant to 
Captain Rainsford for beating drums in order to raise 57 men 
for this purpose, which Mr. Secretary promised to do. Letter 
written to Mr. Cook to this effect, and a warrant issued 
accordingly. 

My Lord Bishop of London presents a memorial of abuses crept 
into the churches of the Plantations containing nine articles, as 
follow : 1. That Governors keep parishes vacant, and commission 
persons to officiate without orders. Whereupon ordered that this 
abuse be represented to the Governors of the Plantations under 
His Majesty's immediate jurisdiction for redress. 2. That the profits 
of vacant parishes are converted by the people to their own use. 



118 COLONIAL PAPERS. 

1677. 

This to be redressed by the Governors. 3. That ministers are 
hired for time. To be likewise remedied. 4. That the ministers 
are ill paid. The Governors in this particular to observe the laws 
" of England. 5. That in Maryland and other places there is no 
settled maintenance for ministers at all. Upon which heading 
Lord Baltimore is called in, that he may propose a means for the 
support of a convenient number of ministers against Thursday 
(see No. 348), and it is further agreed that this defect ought to be 
supplied in all the Plantations remaining under propriety, and 
that letters be written accordingly. 6. That in Virginia there are 
no places allotted to bury the dead ; which is to be signified to the 
Governor for redress. 7. That the vestry exercise a power over 
the ministry. Their Lordships will consider the law of Jamaica, 
which concerns the vestry in reference to the ministry. 8. 
That in Virginia the laws are not duly executed, prohibiting 
marriages to be solemnized without lawful ministers, and persons 
to exercise the ministry without proof that they are in orders. 
These laws are to be observed in every place. 9. That no care is 
taken for the passage of new ministers. It is thought fit that the 
Governors provide for the expense of transporting ministers and 
other charges out of the profits arising by the vacancies. 

Several members of the Royal African Company attending upon 
summons, Sir Jonathan Atkins' letter of 13th May (see ante, 
No. 241) is read ; ordered that copy be delivered to the Company 
for their answer in writing, with the proposals they think fit to 
make. Letter likewise written to Mr. Solicitor, enclosing copy of 
Governor Atkins' letter for his opinion whether negroes ought to 
be esteemed goods or commodities intended by the Acts of Trade, 
which provide that no commodities be imported or exported 
out of His Majesty's plantations, but in ships that belong to the 
people of England. Letters written accordingly. [GoL Entry Bk., 
Vol. CV., 'pp. 82-86.] 

July 17. 340. Warrant from the King to Sir John Robinson, knt. 
(Lieutenant of the Tower), or in his absence to Captain Francis 
Rainsford at the Tower, forthwith to cause drums to be beat about 
the City of London for raising 57 men for recruiting the two foot 
companies employed in the island of St. Christopher's. \ p. 
[Dom. Entry Bk, Chas. II., Vol. XXIX., p. 214.] 

July 17. 341. Warrant from the King to the Commissioners of the Ad- 
miralty. That whereas His Majesty has given order for raising 57 
men for recruiting the two Companies of Foot in St. Christopher's, 
they give orders for transporting them thither by the first oppor- 
tunity. p. [Dom. Entry Bk., Chas. II., Vol. XXIX., p. 214.] 

[July 17.] 342. Report of Lords Chief Justices Sir Richard Raynsford and Sir 
Francis North to the Lords of Trade and Plantations. Had appointed 
a day for the hearing of all parties according to their Lordships order 
and received such papers as they were pleased to deliver, at which 
time the Respondents (Massachusetts) disclaimed title to the land 



AMERICA AND WEST TXDIES. 119 

1677. 

claimed by the Petitioners (Mason and Gorges) ; and it appeared 
that the said lands are in the possession of several persons not 
IK 'fore the Lords Chief Justices, whereupon it was not thought fit 
to judge of any title without hearing the Tertenants or their agents, 
but to direct the pa ties to such course of justice as there might be 
on the place. Examined the parties' claims to the Government, and 
the petitioners having waived the pretence of a grant of Government 
from the Council at Plymouth, their own counsel convincing them 
that no snch jurisdiction could be transferred by any course of law, 
the question was reduced to the. Province of Maine, whereto the 
the Petitioner Gorges made his title by a grant from Charles I. 
in the 15th year of his reign to Sir Ferdinando Gorges and his 
heirs of the Province of Maine, and the government thereof. The 
Respondents answered that before, viz., in 4 Charles I., the 
government was granted to them, and produced copies of Letters 
Patent which recittd a grant to certain pet sons from the Council 
of Plymouth ; by said Letters Patent the King confirmed the grant, 
made them a corporation and gave them power to make laws. 
To this it was replied that the Patent of 4 Charles I. was 
invalid for the reasons set forth. Conceive that the patent of 
4 Charles I. is good notwithstanding the grant of 18 James I., for 
it appeared by the recital in the patent of 4 Charles I. that the 
Plymouth Council had granted away all their interest in the lands 
the year before, and it must be presumed that they then deserted 
the Government, whereupon it was lawful and necessary for the 
King to establish a suitable frame of government as was done by 
the Patent of 4 Charles I., making the Adventurers a corporation 
upon the pkce. As to the second matter, it is clear that the grant 
extends no farther than the boundaries expressed in the Patent, 
which cannot be construed to extend farther than three miles north 
of the Merrimack. The north and south bounds of the lands 
granted so far as the rivers extend are to follow the course of the 
rivers, which make the breadth of the grant and the words describing 
the length to compehend all the lands from the Atlantic to the 
South Sea of all the breadth aforesaid do rot warrant the over- 
reaching of these bounds by imaginary lines ; the breadth was not 
intended an imaginary line laid upon the broadest part, but the 
breadth respecting the continuance of the boundaries by the rivers 
as far as they go, and when they stop to be carried on by imaginary 
lines to the South Sea. If Maine lies more northerly than three 
miles north of the Merrimnck, the Patent of 4 Charles I. gives no 
right to govern there, and the Patent of 15 Charles I. is valid to the 
Petitioner Gorges. Are of opinion on the whole matter as to the 
power of Government that the Massachusetts and their successors 
by the Patent of 4 March, 4 Charles I., have such right of govern- 
ment as is granted by the patent within the boundaries therein 
expressed according to the exposition above made, and that the 
Petitioner Gorges his heirs and assigns by the Patent of 3 April, 
15 Charles I., have such right of government as is granted by the 
Patent in this the Province of Maine according to the boundaries 
therein expressed. " Rec d and read at Com t>( ', 17 July 1677." Two 



120 



COLONIAL PAPERS. 



1677. 



July 17. 



July 17. 

Whitehall. 



July 17. 

Council 

Chamber 

(Whitehall). 



July 17. 

Council 

Chamber 

(Whitehall). 



papers. 3 pp. [Col. Papers, Vol. XLL, Nos. 22 and 23 ; also 
Col. Entry 13k.', Vol. LX., pp. 213-218.] 



July 18. 

Jamaica. 



343. Report of the Lords of Trade and Plantations to the King. 
Recite the preceding Report of the Lords Chief Justices with which 
they fully agree. Signed Anglesey, Ormond, Craven, Bath, 
H. London, J. Williamson, G. Carteret, Edward Seymour, and 
Thomas Chicheley. " Read in Council, 18 July 1677." 4 pp. 
[Col. Papers, Vol. XLL, No. 24 ; also Col. Entry Bk., Vol. LX., 
pp. 219, 220.] 



344. Journal of Lords of Trade and Plantations. Reports of 
the Lords Chief Justices touching the pretensions of Mason and 
Gorges against the Government of Boston read and copies ordered 
to be given to the respective parlies. [Col. Entry Bk., Vol. CV., 
p.S\.] 

345. William Blathway t to Royal African Company [Mr. Roberts? 
Secretary], Encloses copy of Sir Jonathan Atkins' letter (see ante, 
No. 241) by order of the Lords of Trade and Plantations, who 
desire the Company to take it into their consideration, and return 
their opinion in writing on Thursday next with such proposals as 
they may think fit to make. [Col. Entry Bk., Vol. I., p. 76.] 

346. Philip Lloyd to the Attorney-General [Sir William Jones] 
or the Solicitor-General [Sir Francis Winnington]. The Lords of 
Trade and Plantations desire to know their opinion whether 
negroes ought to be esteemed goods or commodities intended by 
the Acts of Trade and Navigation, which provide that no goods or 
commodities whatsoever shall be imported or exported out of any 
of His Majesty's plantations in other ships than such as belong to 
the people of England. On same sheet : Opinion of the Solicitor- 
General that negroes ought to be esteemed goods and commodities 
within the Acts of Trade and Navigation, and so it hath been 
admited upon debate before the Lords Committees of Plantations. 
1677, July 24. [Col. Papers, Vol. XLL, No. 25, and Col. Entry 
Bk., VolL.p. 78.] 

347. Newsletter of Sir Thomas Lynch. Five or six French 
and English privateers lately come to Jamaica from taking Sta 
Martha, Barnes being one and Coxon expected every hour. On board 
the Governor and the Bishop, and Captain Legarde has promised 
to put them on shore The plunder of the town was not great, 
money and broken plate about 20?. a man. To-morrow Captain 
Lynch, a Dutchman, of 25 guns, goes out of harbour, two Frenchmen 
wait for him, but he is resolved to fight them both. The Governor 
and the Bishop, that the town might not be burnt, agreed with them 
for the ransom, but instead of pieces of eight, the Governor of 
Carthagena sent 500 men by land and three vessels by sea, but the 
privateers fought them and killed about 50 in their first volley, 
the rest fled, 



AMERICA AND WEST INDIES. 121 



1677. 

July 23. Two days since, Coxon came in and surrendered and brought 
ashore the Bishop and a friar. His Lordship (Governor Vaughan) 
has taken care to lodge the Bishop well, " the good old man is 
exceedingly sa isfied." Means taken by Governor Vaughan to 
procure the liberty of the Governor and others, but finding them 
(the privateers) all drunk, it was impossible to persuade them to do 
anything by fair means. Colonel Ballard and myself now going to see 
what we can do. The taking of Sta Martha was by surprise and 
at break of day, as most of their enterprises are The French came 
not near till the fort was taken and they out of danger of the 
great guns, so that Coxon and the English with him did all. The 
(Spanish) ships, perceiving the French colours set up on the castle 
and town, sailed away. So this great expedition ended, in which 
most of the warriors atCarthagena were engaged, and old Quintano, 
Admiral at sea. 4 pp. [Col. Papers, Vol. XLI., No. 26.] 

July 19. 348. Minutes of the Lords of Trade and Plantations. On 
reading a letter from the Archbishop of Canterbury to the Bishop of 
London [see No. 1005 previous volume of Calendar], Lord Baltimore 
presented a paper setting forth the present religion in Maryland. 
That for the encouragement of those willing to settle in Maryland 
a law was made giving toleration to all believing in Jesus Christ, 
nor should they be molested in respect of religion, and for many 
years this toleration and liberty has been known in the government 
of that province. That there are now four ministers of the Church 
of England residing there who have plantations of their own, and 
those who have not are maintained by voluntary contributions of 
their own persuasion, as others are of the Presbyterians, Inde- 
pendents, Anabaptists, Quakers, and Romish Church. That there 
are a sufficient number of churcherj and meeting-houses for the 
people there which are kept in good repair by voluntary con- 
tributions. That the laws are made by advice and consent of the 
freemen by their Delegates in Assembly, as well as by the 
Proprietors and Council. That three-fourths of the inhabitants 
are Presbyterians, Independents, Anabaptists, and Quakers, the 
rest being of the Church of England and Romish Church, so it 
would be most difficult to draw such persons to consent to a law to 
maintain ministers of a contrary persuasion to themselves, having 
by that act of 7-eligion an assurance of freedom in divine worship 
and no penalties or payments in that particular. That this same 
toleration is in Carolina, New Jersey, and Rhode island. 

" Whereupon their Lordships sign a letter to Lord Baltimore as 
follows :" Have received very credible information that many 
inhabitants of Maryland live very dissolute lives, committing 
notorious vices and profaning the Lord's Day. Hope there are 
sufficient laws to restrain and punish such evil lives and oblige 
men to live at least like Christians, though not of the, same 
profession. If the laws be full enough, desire his Lordship to have 
them put in execution, or, if defective, to pass such new laws as the 
occasion requires. Have reason to believe this wicked kind of 
living proceeds from there being no certain established allowance 



122 COLONIAL PAPERS. 

1677. 

for the ministers of the gospel, especially of the Protestant religion 
according to the Church of England, the cause of a great want of 
able ministers. Know how necessary it is to have this want supplied 
without imposing any burthen upon the inhabitants that they are 
willing freely to settle, therefore desire his Lordship to write to the 
Governor and Council of Maryland to send over an account of the 
number of Protestant ministers of the Church of England and their 
allowances, also of the number of Protestant families and the value 
of their plantations, and how many congregations they make up ; 
also to inquire what eacli congregation will freely settle for the 
maintenance of an able minister, which, when agreed upon, to be 
enacted into a law as in His Majesty's other plantations. Would like- 
wise be glad to have account of the number of ministers or teachers, 
of dissenters and their allowances, and of the number of the planters, 
their persuasions, and the number of each persuasion Two papers. 
The first is endorsed, " Rec d from Lord Baltimore 19 July 1677 and 
read at the Committee/'; the second is endorsed, " Letter to be sent 
to my Lord Baltimore, Governor of Maryland. Approved and 
delivered to my Lord Baltimore on 19 July 1677." [Col. Papers, 
Vol. XLL, Nos. 27, 28 ; also Col. Entry Bk., Vol. LIL, pp. 31-35.] 

July 19. 349. Journal of Lords of Trade and Plantations. Letter read 
from a minister in Maryland (John Yeo) to Archbishop of Canter- 
bury (see No. 1005 J. previous volume of Calendar}. Whereupon 
Lord Baltimore is called in, who offers a paper. Their Lordships 
therefore agree to write to Lord Baltimore (see preceding abstract]. 
After which the law of Maryland concerning religion, permitting 
liberty of conscience, and a free exercise of service to all persons 
and sects professing to believe in Jesus Christ. 

Mem. Their Lordships think fit that, when allowances are 
settled by law in Maryland and other parts, according to the 
abilities of the inhabitants, some means be found out here for the 
charitable supply of what shall be wanting for the subsistence of 
the ministers. Also the several Governors are to find out some 
further encouragement for them when they have been there some 
time, either by assigning them lands or otherwise. 

The Bishop of London represents the ill-usage of ministers in 
the Plantations, and their too great subjection to the vestrymen, 
as particularly appeared by the law of Jamaica, entitled An Act 
for the better Maintenance of the Ministry, for remedy whereof 
their Lordships think fit that the ministers make a part of the 
vestry in the regulation of a'l matters except in the settlement of 
their maintenance. 

Mem. Ten Acts made in Maryland received from Lord Baltimore, 
and at same time delivered to his Lordship a letter from the Com - 
mittee concerning religion and orderly living in that colony. [Col. 
Entry BL, Vol. CV.,pp. 87-89, and pp. 92-93.] 

July 19. 350. Journal of Lords of Trade and Plantations. Mr. Randolph 

Whitehall, called in, and after informing their Lordships that the New 

England Government had settled several Custom-houses without 



AMERICA AND WEST INDIES. 123 

1677. 

any authority from His Majesty withdrew. Whereupon the 
agents of New England are called in and examined npon the 
representations of Mr. Randolph, with the exception of the first 
article concerning the charter and other points. And their Lord- 
ships report upon the whole matter to His Majesty (see next entry). 
[Col, Entry Bk, No. CV., pp. 89, 90.] 

July 19. 351. Report of Lords of Trade and Plantations [through the 
Lord Privy Seal] to the King. The Massachusetts agents declared 
that they had no other instructions than to answer the particular 
claims of Mason and Gorges, and were not capacitated to satisfy 
their Lordships on any other questions otherwise than as private 
men and His Majesty's subjects. As to the opposition to the King's 
Commissioners in 1665, and the turning out of Justices of the 
Peace settled by His Majesty's authority, they answered that they 
knew nothing of any act of violence, and could only remember that 
some alteration did at that time happen in the Province of Maine 
without any violence or hostility. They had seen Whalley and 
Gofte in those parts, but on His Majesty's proclamation warrants 
were immediately issued out against them and persons commis- 
sioned to pursue them, notwithstanding which they made their 
escape. They acknowledge His Majesty to be their sovereign, and 
submit to his authority ; they never proclaimed or acknowledged 
the late usurping powers, but conformed themselves to the rules of 
their charter, and are willing to take the Oaths of Allegiance and 
Supremacy in tcrminis, as is prescribed by their charter. They 
confess the charge of coining money, having been necessitated to it 
about 1652 lor the support of their trade, and have not yet dis- 
continued it, it being never excepted against, and submit this 
matter to His Majesty and beg pardon if they have offended. 
They deny putting any persons to death for matters of religion 
only, but there being a law that no Quakers, being strangers, 
should come into their Government, some did transgress it notwith- 
standing banishment, and were therefore executed ; there are now 
many Quakers living among them. As to the violation of the 
Navigation Acts, there are perhaps some private persons who trade 
indirectly not having understood them, but the Governor is obliged 
to take bonds to hinder it, and will submit to His Majesty's orders 
therein. The law against Christmas was made in the late troubles, 
but not to their knowledge put in execution ; they confess that 
they collect small customs on imports for the support of the 
Government. 2 pp. [Col. Papers, Vol. XLI., No. 29 ; and Col. 
Entry Ms., Vol. LX., p. 223, and Vol CV., pp. 90-92.] 

352. " The case of the Governor and Company of the Massa- 
chusetts Colony in New England." The three patents are recited, 
and the report of the Lords Chief Justices on the claims of 
Mason and Gorges. The report excluded from the Massachusetts 
Government the four towns of Dover, Portsmouth, Exeter, and 
Hampton, parcel of Mason's claim. Not long after the Lord Chan- 
cellor informed the agents of the Massachusetts Company that 



124 COLONIAL PAPERS. 

1677. 

the King would pardon them for coining and other offences, and 
grant them a license for coining in the future. The news of this 
brought great joy into the colony, but the inhabitants of thoie 
four towns, finding themselves excluded from the Massachusetts 
Government, and that Mason had no right to govern them and so 
weie under no government, petitioned the King to continue them 
under the Massachusetts Government by whom they have been 
peaceably governed for the last 40 years. Hereupon the agents 
besought the King for a grant of the government of the four towns, 
because the inhabitants desire it, because the Government is vested 
in the King, because a government there is absolutely necessary 
for the prevention of distraction and violence, and that no other 
government can so conveniently protect them, the Company being 
content that there should be a saving to Mason or any other's 
right. This petition being referred to the Lords of Trade and 
Plantations, where it now depends, a petition is put in against the 
grant by Mason and Gorges, but Gorges on examination disowns 
the petition. The agents, having spent 15 months in England, 
and the season of the year and their private affairs calling them 
home, pray a hearing before the Committee and a grant of the 
matter petitioned for, not doubting but at their return home to give 
a testimony of the duty of the Massachusetts Company, who are now 
resolved to give an entire obedience to the Trade and Navigation 
Acts and to continue loyal to the King. 3 pp. [Gol. Papers, 
Vol. XLL, No. 30.] 

July 20. 353. Order of the King in Council. The Lords of Trade and 
Plantations having presented a report on the matters of controversy 
concerning Massachusetts, and having on ths 18th instant ordered 
the agents of the Massachusetts and Mason and Gorges to attend 
if they had objections to make, who not alleging anything material 
to prevail with His Majesty and the Board, the report was con- 
firmed and all parties ordered to acquiesce therein. 2 pp. [CoL 
Entry Bk., Vol. LX.,p. 221.] 

July 20. 354. Order of the King in Council. The Massachusetts agents 
having offered in writing their answers to the objections against 
the Massachusetts corporation, they are referred to the Lords of 
Trade and Plantations to meet next Thursday, and on every 
Thursday till they have brought the business to maturity. 
2 pp. Annexed, 

354. I. The answer of the agents of the Massachusetts referred to, 
ante No. 351. Premise that being sent over to answer 
Mason and Gorges' petitions they come only prepared for 
that, but as regards other things they answer as private 
persons according to their best judgment. (1.) The oath 
of allegiance : Is according t > the substance thereof taken 
by all magistrates, freemen, and those who take the oath 
of fidelity though not in the form enjoined by law in 
England ; know of no objection against that form if it 
is required. (2.) The protection of the Regicides: On 



AMEKICA AND WEST INDIES. 125 

1677. 

the coming over of the King's declaration of 6th June 
1660 warrants were issued for the seizure of Goffe and 
Whalley, who, conveying themselves away, were followed 
by messengers of good repute for fidelity to the King ; 
these strictly pursued them through their colony into the 
neighbour colonies, arid were rewarded for their pains 
though not able to overtake them. (3). The coining of 
money : About 1652, the necessity of the country calling 
for it in support of commerce, they began to coin silver 
money to pass current in their own colony and not to be 
exported, which money they have continued to coin, no 
prohibition having been received from the King, for 
whicli they implore the King's pardon, and beg that 
the privilege being of prejudice to none yet extremely 
useful to the colony maybe continued under what impress 
the King pleases. (4.) Putting to death for opinion in 
religion : Some time before the King's restoration some 
quakers were put to death, but not for their opinion in 
religion only but because being strangers and turbulent 
seducers in opposition to the laws in that case established 
they did after conviction and banishment wilfully force 
themselves in again, but for the time to come they suppose 
no capital punishment will in such case be inflicted. 
(5.) Opposition to the King's Commissioners in 1665 and 
forcible expulsion of Justices of the Peace in 1668 : 
Cannot give a particular account of the reception of the 
King's Commissioners as they were not then concerned 
in the government, but know that many public respects 
were paid them ; acknowledge that after their departure 
there was an alteration in civil government in Maine 
which was with the desire and consent of the generality 
of the inhabitants and not in any hostile manner ; several 
of the Justices themselves from a consciousness of their 
own unfitness for the charge and the small effect it had 
urged that change. (6.) Oath of Fidelity to the Gpvern- 
. rnent : An oath of fidelity is required to the King's 
government by charter there established wherein the oath 
of allegiance is comprised, there being no fidelity required 
inconsistent with allegiance to the King. (7.) Violation 
of the Act of Trade and Plantations : These acts have 
not been observed strictly by some merchants but the 
damage to the King is very inconsiderable compared with 
what is reported, and there is no doubt that on due 
consideration of the matter the Massachusetts Govern- 
ment will apply themselves to their duty in this : hope 
that the King will experience their managery before any 
other be employed therein. (8.) Collection of customs, 
&c. : Goods exported pay 110 duty, but there are some 
small customs on goods imported whicli with the excise 
on taverns, alehouses, and the beaver trade, could never 
be farmed at above 700., which w;'s thought necessary 



126 COLONIAL PAPERS. 

1077. 

for the support of Government and the ease of the 
Planters on whom otherwise the burthen would have 
been disproporti enable. (9.) Making laws repugnant to 
the laws of England : Acknowledge that they have only 
power to make laws not contrary to the laws of England 
and will take care there be no other. Endorsed, " Read in 
Council July 20th 1677." 4pp. [Col Papers, Vol. XLL, 
No. 31 ; also Col. Entry BL, Vol. LX.,pp. 226-227.] 

355. Memoranda concerning New England. Charles I., by 
letters patent dated 4th March in the 4th year of his reign created 
the Governor and Company of Massachusetts Bay, a body corporate, 
to have power to purchase and dispose of lands, to elect freemen of 
the Company, to appoint those to direct its affairs, to make laws for 
the welfare of the plantations and people, so as such laws were not 
repugnant to the laws of England, to settle the forms of govern- 
ment, to name officers, to set forth their duties and the forms of 
oaths to be administered to them, to impose lawful fines and 
imprisoment or other correction according to the courts of corpora- 
tions in England, and to dispose other matters whereby the people 
ma} 7 be peaceably, civilly, and religiously governed, and the natives 
be won to the knowledge of God, which was declared to be the 
principal end of the intended plantation. The oaths of allegiance 
and supremacy were also recommended to the Company. It may 
be seen from a book of the laws and liberties of the Massachusetts, 
printed at Cambridge in New England, 1672, by order of I he 
General Court of Boston, how the Company, being a mere 
corporation restrained by their charter to act according to the 
Court of Corporations in England, has yet taken upon itself to act 
contrary to the laws of England. (1). That no man's life should 
be taken away nor good name stained nor person arrested nor 
deprived of wife or children or goods unless by virtue of some 
express law of the country established by a General Court and 
sufficiently published, or in defect of a law by the word of God. 
Qu. Whether the charter gives power to make such absolute laws 
or any law extending to life, member, or banishment. (2.) That 
the General Court consisting of Magistrates and Deputies is the 
chief power of the Commonwealth which only has power to raise 
taxes, dispose of lands, confirm proprieties, and may act according 
to this power in matters of judicature, making of laws, impeaching, 
sentencing, receiving, and hearing complaints. Qu. Whether the 
charter gives power to raise taxes or make such absolute laws as if 
it were a commonwealth. (3.) That any man conspiring or 
attempting an invasion or insurrection or the subversion of the 
government be put to death. Qu. Whether this does not show 
how they forget that they are only a corporation without power 
to put to deatl). (4.) That a mint be erected at Boston with 
liberty to bring thither bullion, plate, or Spanish coins to be coined 
into 12o?., Gd., and 3c?. pieces, with the inscription Massachusetts 
and a tree ou one side. New England, the year of our Lord, and 
the figure XII, VI, III, according to the value of the piece, 



AMERICA AND WEST INDIES. 127 

1677. 

Qu. Whether treason be not here committed, the Corporation 
dissolved and charter foreited. (5.) That no person shall join 
persons in marriage but the magistrate or such other as the General 
Court or Court of Assistants may authorise when no magistrate is 
near, and that no one shall marry except before such magistrate or 
person. Qu. Whether this law be not repugnant to the laws of 
England, as marriage is of ecclesiastical jurisdiction, and should be 
performed by the priest, and loyalty of matrimony ought to be 
ceitified- by the bishop. (6.) That persons excommunicated or 
condemned have power to dispose of their estates. Qu. Whether 
the Charter gives power to excommunicate or condemn, and if it 
does, whether the law is nob repugnant to the law of England. 
Qu. Whether several laws be not repugnant to the laws of England 
and above the power given by the Charter, e.g., to put to death for 
adultery, to deliver a stubborn and rebellious son to the magistrates 
to be put to death. 5 pp. [Col. Papers, Vol. XLI., No. 32.] 

356. An abridgement of part of the Massachusetts Charter, 
showing them a Corporation of England to reside, in England. 
James I., by letters patent dated 10th April, in the fourth year of 
his reign, granted to Sir Thomas Gates, Sir George Sorners, knts., 
and others, liberty to divide themselves into two colonies in the 
parts of America between 34 and 45, the first colony to be under- 
taken by gentlemen and merchants of London, the second by 
gentlemen and merchants of Plymouth. King James, 3rd November, 
in the eighteenth year of his reign, established that the continent in 
America lying between 40 and 48 N. lat. from sea to sea should 
be the limits of the second colony, and be called New England in 
America, and established a Corporation of 40 persons under the 
name of the Plymouth Council, for planting, &c., New England. 
Further, the Duke of Lennox, Marquis of Buckingham, and others, 
to the number of 40, were confirmed the first Council, with power to 
purchase lands, to sue and be sued, &c., and the Council was em- 
powered to grant liberty of traffic to New England and possession 
of lands, and to make Jaws, &c., so long as they were not repugnant 
to the laws of England. This Council, 19th March, in the third 
year of Charles I., in an indenture reciting how the Continent was 
granted to be held by them, paying only to the King the fifth part 
of the gold and silver ore, granted to Sir Henry Rose well, Sir John 
Young, knts., Thomas Southcot, &c., all that part of New England 
within certain mentioned limits, to be holden of the King as they 
had held it. Sir Henry Rosewell and the others obtained from the 
King, 4th March, in the fourth year of his reign, a confirmation of 
this grant, in which they were constituted a Corporation by the 
name of the Governor and Company of Massachusetts Bay, with 
power to purchase and alien lands to choose a Governor, Deputy 
Governor, and IS Assistants for the government of the plantation. 
Matthew Cradock was nominated first Governor, and Thomas Goffc 
Deputy Governor ; 1 8 Assistants were chosen : the Governor to have 
the power of assembling the Company and to hold a Court once a 
month, the Governor or Deputy Governor and seven Assistants to 



128 COLONIAL PAPERS. 

1677. 

be a sufficient Court, and on the last Wednesday in Easter, Trinity, 
Hilary, and Micliaelrnas Terms one great general assembly to elect 
freemen, appoint officers, make laws, &c. ; the Governor and As- 
sistants to be chosen yearly on the last Wednesday in Easter Term. 
The Governor and Company to have liberty to export persons willing 
to live there ; all persons born in New England or on the passage by 
sea to have the immunities of natural subjects. On the whole matter 
foregoing it appears that the Plymouth Council was incorporated in 
England to be resident there, and that the Massachusetts Company 
was also intended to be resident in England, to hold their Courts there, 
and not to have liberty to export themselves beyond the seas, and the 
Governor and Company were empowered to delegate their authority 
to their officers resident in New England. It appears also from the 
docket that the Governor and Company were created a Corporation 
to have residence in England like other corporations of England. 
11 pp. [Col Papers, Vol. XLL, No. 33.] 

357. Narrative of the State of New England. The English 
plantation in America called New England cannot subsist without 
a General Governor, for their petty governments, independent in 
all respects, occasion differences that cannot be decided, as there is 
no Court of Appeal, every colony having absolute authority with 
different laws and judicature. These separate governments (six in 
number from New Jersey soutli to Duke's Province north) are not 
able to defend themselves, much Jess make an attempt on an enemy, 
whereas, united under one chief and with the militia under loyal 
and good officers, the who'e plantation would be in a ready posture 
to defend itself (now an easy prey to every invader) and prove 
very serviceable in case of a difference with France, especially in 
sea affairs. The place abounds everywhere with good ports, all 
kinds of victual, many able shipwrights, thousands of stout braw 
fellows for sea and land service, with timber, pitch, tar, and 
cordage, so that the King's ships might be refitted there with 
expense of little time. Some object to the difficulty and hazard 
that the inhabitants are all or almost of phannatick (sic) principles, 
that their patents will be destroyed, that it will be an expenseful 
undertaking, a continual charge, and no advantage. It is answered 
that the inhabitants have been misrepresented by a factious party, 
being generally desirous to be under the King's government. Was 
in four of their colonies and made it his business thoroughly to 
understand their inclinations, and found that from the minister to 
the common people they all longed to have the King's authority 
established. But before his coming away the Boston Government 
(aiming by all methods at the general government of all New 
England, and thinking to alien the people's affections by mis- 
representing the King) gave out that the King intended to send 
over some beggarly courtier to be their Governor, who would raise 
20,00(V. a ye.ir to maintain himse'f and his followers and set up 
episcopacy. Hence the petitions tn be continued under the Boston 
government, signed by those \\ ho had declared their dislike to him 
in private conference. But a declaration of sending over a General 



AMERICA AND WEST INDIES. 129 

1677. 

Governor with the royal pardon, confirmation of lands to the legal 
proprietors, and liberty of conscience in matters of religion, will 
expel all jealousy and fear and make a happy reception to whom- 
soever the King shall recommend that trust. Their charters will 
remain undisturbed, every corporation will enjoy their privileges 
by virtue of the first charter granted to several of the nobility to 
dispose of the lands in America ; they had a power to establish one 
General Governor, which power, on the surrender of the charter, 
was reinvested in the late King, who appointed Sir Ferdinando 
Gorges, but he was prevented by the wars from going over. 
Money will be wanted for setting out a Governor, but. the existing 
customs and duties with some small appendants will honourably 
contribute to his support. Great advantages will arise to the 
Crown, the composure of the minds of the neighbours who have 
attempted to set up for themselves, the presence of a discreet 
gentleman will confirm the country in true obedience, the King's 
authority and commands will be observed. The whole country will 
have a pledge of the King's fatherly care that cannot be expected 
from the Boston Government, that is hated for aspiring to the 
dominion of the whole plantation on which depends the security of 
the English West Indies. 3 pp. [Col. Papers, Vol. XLI. t 
No. 34 } 

358. Objections against the Massachusetts Charter. James I. 
by letters patent, 3rd November, 18th year of his reign, created 
the Council of Plymouth, and granted to them, their successors 
and assigns for ever, all the land in America now called New 
England, to bo held as of the manor of East Greenwich, and 
granted full and absolute power of government, and that no one 
should inhabit within the said territory without the license of the 
Council. Objections to the Massachusetts Charter of 4 Charles I. : 
(1.) The grant of lands pretended by the Massachusetts from the 
Council of Plymouth, 19th March, 3 Charles I., to Sir Henry 
Rosewell and five other persons never took place. (2.) These lauds 
were long before granted by the Plymouth Council to Lord Gorges, 
Mason, and others. (3.) The patent of 4 Charles I. was only a 
confirmation of the pretended grant, and was not inntended to 
operate as a new grant. (4.) The King by his patent of 4 Charles I. 
grants no lands to the Corporation of Massachusetts Bay, but only 
confirms lands pretended to be granted to certain persons in their 
private capacities. (5.) King Charles could not grant any lands 
or government in New England during the continuance of the 
Plymouth Council. (6.) All the powers granted to the Massa- 
chusetts, 4 Charles I., were vested in the Council of Plymouth, and 
so continued long after 4 Charles I. (7.) At the time of the patent 
of 4 Charles I. the jurisdiction and government remained with the 
Council of Plymouth. (8.) The Council of Plymouth did not 
divest themselves of these powers till 11 Charles I., when they 
surrendered their Charter to the King. (9.) The Massachusetts 
patent of 4 Charles I. cannot begin to be valid after this surrender 
7 8307*. I 



130 COLONIAL PAPERS. 

1677. 

in 11 Charles I. Proceedings of Charles I. against the Massa- 
chusetts : On many complaints of the horrid violence committed 
by the Massachusetts the King commanded the Council of 
Plymouth to give him an account of what people they were, and 
finding that a grant had been surreptitiously obtained under the 
great seal, a Quo Warranto was brought (11 Charles I.) against all 
the members named in the patent of 4 Charles I. The Governor, 
Deputy-Governor, and major part disclaimed the Charter, the rest 
were outlawed, and judgment was given that the liberties of the 
Massachusetts Corporation should be seized into the King's hands, 
and the Governor Matthew Cradock be taken into custody, 
whereby the King determined his grant of 4 Charles I. ; not above 
five persons named in the patent even inhabited in New England. 
An Order in Council was directed to the Attorney-General to bring 
in the Charter t.o the Council Board, and it is supposed it was 
brought in and cancelled. The wars immediately ensuing in 
Scotland and England there was no more done, only Sir Ferdinando 
Gorges was constituted General Governor over New England, but 
the rebellion stopped his going over, he serving the King in his 
wars in England. Crimes committed and powers usurped by the 
Massachusetts : (1.) Erection of a public mint and coining of 
money with their impress. (2.) Putting to death for matters in 
religion and otherwise. (3.) Making laws repugnant to the laws 
of England. They had invaded the neighbouring colonies and 
forced them to submit. (5.) Levied taxes, &c., by their own 
authority. (6.) Denied the inhabitants the exercise of the religion 
established in England. (7.) Denied appeals to England. (8.) 
Violated the Acts of Trade and Navigation and all other His 
Majesty's laws. (9.) Declared themselves a commonwealth and 
acted accordingly. (10.) Protected Goffe and Whalley, the late 
King's murderers, although demanded to be delivered up. (11.) 
Opposed by force the King's Commissioners in 16G5, and without 
the limits of their patent. (12.) Turned out by force the King's 
Justices of the Peace in 1668. (13.) Have not taken nor do 
administer the oaths of allegiance and supremacy as commanded in 
their patent. (14.) Have enforced an oath of fidelity to be taken 
to their government by both inhabitants and strangers. (15.) Have 
granted commissions in their own name. (16.) Deny baptism to 
children of those not in church fellowship. (17.) Have fined 
people for not coming to their meeting-houses, and whipped others 
for not paying the fines. (1 8.) Have forbid, under a penalty, the 
observation of Christmas Day, and other festivals of the Church. 
(19.) Impose a duty on all shipping not built within their juris- 
diction. (20.) Have altered the number of their assistants from 
18 to 10. (21.) Have changed the days of their General Courts, 
and contracted the number from four to two yearly. (22.) Have 
erected and annexed the Court of Deputies to make laws. (23.) 
Pretend to an absolute authority. (24.) Alone pay no acknow- 
ledgment and own no service to the Crown. 8 p. [Col. Papers, 
Vol. XLL, No. 35.] 



AMElUCA AND WEST INDIES. 131 

1677. 

359. Brief of the prosecution against the Massachusetts Charter. 
Sir John Banks, knight, Attorney-General, in Trinity Term, 
11 Charles I., prosecuted in the King's Bench, Westminster, Sir 
Henry Rosewell, Sir John Young, knights, and others mentioned 
in the charter of 4 Charles I., Freemen of the Company of 
Massachusetts Bay, for having claimed and used the liberties, c., 
therein granted without warrant as to be a body politic by the 
name of Governor and Company of Massachusetts Bay. That 
amongst other things, they had used to have one Council in 
England and another in Massachusetts Bay, to call assemblies of 
their Company, to make laws concerning the property of the 
freemen and others being in their plantation, to imprison and fine 
those who refused obedience, and to levy fines for their own use ; 
to export out of England any manner of persons and to rule and 
govern in their passage and upon their plantation. That they 
claimed authority to export all manner of goods prohibited by the 
laws of England, to export all manner of arms and stores without 
paying any customs to the King, to exact from all trading to their 
plantation not of their Company sums of money, to imprison those 
who refused, to have the sole allowance of goods to be brought out 
of their plantation, to prohibit all persons not free of their Company 
to transport goods out of England to them, to impose fines on and 
imprison persons trading to them with merchandise, to use military 
force when they pleased, to examine without oath any persons they 
pleased in any matter and to proceed to trial, sentence and execution 
concerning life and member, lands, &c., against the statutes of 
England and in contempt of the King's prerogative. Thereupon 
final judgment was obtained against the Company in default of 
answer, that their liberties should be seized to the King, and that 
Matthew Cradock should forbear any further meddling therein 
and that his body should be taken and imprisoned. 3 pp. [Col. 
Papers, Vol. XLI., J\ T o. 36.] 

July 20. 360. Order of the King in Council. His Majesty having by 
Letters Patent of 8th July 1675 appointed Thomas Lord Culpepcr, 
Governor of Virginia, to take effect after the death or surrender of 
Sir W. Berkeley then Governor there, and Lord Culpeper attending 
was commanded to take the oaths which he did accordingly. 
[Col. Entry Bk., Vol. LXXX.,p. 150.] 

July 20. 361. Petition of Merchants and Traders to your Majesty's most 
flourishing island of Jamaica and the Western PI an tat ions to the 
King and Privy Council. That the Governor of Havanna has 
fitted forth several vessels which have seized English ships and 
robbed them and interrupted the whole navigation and fishery 
declaring all ships good prize that had anything on board of the 
" growth of the Indies although sugars growing in Jamaica," That 
there are hundreds of His Majesty's subjects, besides those sent to 
the galleys and mines, slaves at the Havanna in a much worse 
condition than the slaves in Turkey. Pray His Majesty to give 
such orders that petitioners may be encouraged to continue their 

I 2 



132 



COLONIAL PAPERS. 



1677. 

traffic and have security from the hostilities of the Spaniards 
"Read in Council 20 July 1677." [Col. Papers Vol. XLL, 
No. 37.] 

[July 20.] 362. Petition of Martin Stamp to the King and Council. Sets 
forth the robbing, torturing, and murdering of petitioner's brother, 
Timothy Stamp, by the Spaniards, and prays for letters of reprisal 
to reimburse himself for losses and damages amounting to 5,000?. 
There are previous petitions and papers of Martin Stamp abstracted 
in the previous volume of this Calendar, Nos. 642, 687. [Col. 
Papers, Vol. XLL, No. 38.] 

July -$. 363. Governor Sir Jonathan Atkins to Lords of Trade and 
Barbadoes. Plantations. All things well and peaceable with seasonable 
expectation of a good crop and great plenty of all ground pro- 
visions. Can give little account of the French since their last 
engagement with the Dutch at Tobago, who are there in great 
misery by sickness and want of provisions, and would have been 
starved if not relieved from hence and if not speedily relieved from 
Holland that will be their fate yet. Their plantation at Surinam 
not in much better condition ; supplied the Governor's garrison last 
week with provisions, which is surely a poor one. Much joy and 
thankfulness of the people to His Majesty on the arrival of the 
Constant Warwick. "Rec. 21 Sept." [Col Papers, Vol. XLL, 
No. 39, and Col. Entry Bk, Vol. VI., pp. 184-185.] 

364. Governor Lord Vaughan to Secretary Sir Joseph William- 
son. Refers to his previous letter of 14th May (see ante, No. 243) 
about his seizure of negroes piratically taken, that they have been 
condemned in the Admiralty and sold in pursuance of the sentence. 
Has since understood that Governor Douncker of Curasao and two 
merchants there are the owners, so has written to the Governor if 
he will send sufficient procuration hither the agenls shall imme- 
diately receive their effects. Has given this account " that you 
might satisfy the Dutch Ministers in the justice of this government 
and what extraordinary care I have taken to do full right to His 
Majesty's allies." 1 p. [Col. Papers, Vol. XLL, No. 40.] 

July 23. 365. Journal of the Assembly of Jamaica. Voted that mem- 
bers absent who could not make satisfactory excuse to the House be 
fined twenty shillings. 

July 24. "Captain James Browne and the depositions thereupon read," and 
because the business is of that consequence that it ought maturely to 
be considered, Committee sent to acquaint the Governor that Captain 
Browne had petitioned the House to have the benefit of the Act of 
Pr vateers and that they were informed he was to be executed 
o- morrow, wherefore the House desired he might be reprieved until 
Tuesday that they might have time to confer whether his business 
comes within the Act. The Gentlemen on their return reported the 
Governor could not be spoken to. Mr. Scroop called upon to 'give 
Ills account of Benjamin Whitecombe's estate; proceedings on 



July 23. 

Jamaica. 



AMERICA AND WEST INDIES. 133 

1677. 

Scroop's report ; Act to be drawn for the sale of said estate for 
payment of deceased debts. Debate on Captain Browne's business 
and Committee again sent to the Governor about reprieving him. 
The Governor's written answer, that he has pardoned eight of those 
criminals who by verdict of jury were sentenced to death, but 
cannot in justice think Captain Browne a fit object of mercy and 
believes that hindering the sentence of execution will be of evil 
example and bad consequence. Voted that a further written address 
be sent to the Governor in which the Assembly urge that if this 
execution take place all our privateers which are out may think 
this Act a snare and possibly make those already in go out again 
as they do not enjoy the security they expected and so become 
most dangerous enemies arid they desire a few days reprieve for 
Browne. Reply of the Governor that he had already given his 
mind in writing and did not share their fear of discouraging other 
privateers for the reasons stated. 

July 25. Report on the late rebellion of Negroes to be brought in. 
Voted that there be further examination of Captain Browne's trial. 

July 26. Petition of Captain Browne read, that when he claimed the 
benefit of the Act no notice was taken by the Court, but he was 
condemned and his writ of execution signed. Voted that the 
warrant for the execution of Captain Browne be suspended. 
Warrant from the House to the Provost-Marshal commanding him 
in His Majesty's name to forbear the execution of Captain Browne 
notwithstanding any warrant issued as he shall answer the same 
at his peril. The Speaker and Assembly sent for to attend the 
Governor who signed several Acts and then dissolved the House. 
[Col Entry Bk., Vol. XXXVII., pp. 180-182.] 

[July 24.] 366. Reasons to prove the Massachusetts Patent of 4 Charles I. 
void in point of law, both as to land arid government. As to land : 
(1) the grant of lands pretended from the Council of Plymouth, 
19th March, 3 Charles I, is merely fictitious ; (2) the Massachusetts 
cannot produce the grant or any record thereof; (3) the lands 
pretended to be granted were long before sold to John Mason and 
others ; (4) the patent of 4 Charles I. intended only a confirmation 
and, there being no grant from the Council of Plymouth, the King 
was deceived ; (5) the King grants no lands to the Massachusetts 
Corporation but only confirms the lands (pretended to be granted) 
unto certain persons, so that as a corporation they cannot pretend 
to any land ; (6) the King could not grant any lands in any part of 
New England within the patent of the Plymouth Council during 
their lawful continuance. As to government : (1) the patent of 
incorporation was grounded on a supposed grant of lands, there 
being no such grant it is void ; (2) all the powers granted to 
Massachusetts 4 Charles I. were absolutely vested in the Plymouth 
Council 18 James I., nor can both grants stand together, and there- 
fore the first shall take place ; (3) at the time of the patent 
4 Charles I. all New England was under the government of the 
Plymouth Council, which did not divest itself of the power of 
government till 1 1 Charles T. when a solemn surrender of the charter 



134 COLON FAL TAPERS. 

1677. 

was made into the hands of the King ; (4) the Massachusetts 
patent cannot begin to be valid after the surrender of the charter 
of the Plymouth Council, for Quod ab initio non valet, traotu 
teraporis non convalescit; (5) Charles I. in the llth year of his 
reign caused a Quo Warranto to be brought against the members 
named in the patent, whereof the major part appeared at the King's 
Bench Bar and disclaimed the charter, the rest were outlawed and 
judgment given that the liberties of the Corporation be seized into 
the King's hands, and the body of Mathew Cradock (the nominal 
Governor) be taken into custody for usurping these liberties, whereby 
the King determined and made void his own grant. " Rec d 24th 
July 1677 from Mr. Mason." Two copies. 2 pp. [Col. Papers, 
Vol. XLI., flos. 41-42.] 

July 24. 367. " A list of [Thirty] Acts passed at the General Assembly in 
Maryland, March 1638. Received from the Lord Baltimore the 
24th day of July 1677." N.B.The earliest Acts abstracted in the 
first Volume of this Calendar, page 316, are dated in 1640. Also 
the titles of eight other Acts and of ten Acts passed 3rd May 1682. 
4 pp. [Gol. Papers, Vol. XLL, No. 43.] 

July 25. 368. Minutes of the Council of Jamaica. Ordered that a Proclama- 
tion be issued for full and ample satisfaction to all who have been or 
are out i n any Foreign Prince or State's service, particularly as many 
of the Captain's names as can be thought of to be drawn by five of 
the Council. Ordered that the respective captains and masters of 
vessels that shall arrive in this island claiming the benefit of the 
Act for serving under any Foreign Prince, give within three days 
of his arrival the names of such persons as they bring in their 
vessels, and that the Secretary make entry in a book to be kept at 
his office. Proceedings on various Bills. 

July 26. Speech of the Governor to the Speaker and Assembly dissolving 
the Assembly. 

July 27. Relation by the Governor of his proceedings in reference to 
Captain Browne who took upon the coast of Carthagena a Dutch 
vessel with near 200 negroes aboard. The Treasurer's account from 
September 1C76 to April 1677. The Governor communicated to the 
Assembly that he would order writs to issue out immediately for 
the next Assembly that they might meet on 6th September. Petition 
of John Purseley to the Governor and Council, that he was shot 
in the shoulder in the King's service against the enemy and is 
disabled from working, prays for relief for his maintenance, referred 
to Dr. Richard Herne to examine petitioner's wound, and in the 
meantime to be allowed 51. sterling more. Order about levying 
executions and selling goods and chattels on writs. [Col. Entry k., 
Vol. XXXV., pp. 603-613.] 

[July 26.] 369. The Royal African Company to Lords of Trade and 
Plantations. Have received cop}' of Sir Jonathan Atkins letter 
(see ante, No* 241), and offer as their opinion that permitting 
Spanish ships to come to His Majesty's plantations to buy negroes 
will be of great advantage to all Hi? Majesty's subjects, especially 



AMERICA AND WEST INDIES. 135 

1677. 

those inhabiting in and trading to His Majesty's Plantations as 
also to the Royal African Company, in order thereto that they m-y 
have free liberty t > buy negroes of the Company, and of whom 
they please and receive all due encouragement from the respective 
Governors. " Rec. 26 July. Read 8 Nov." [Col. Papers, Vol. XLI., 
No. 44, and Col Entry Bk., Vol. I., pp. 76-77.] 

July 26. 370. [Sir Robert Southwell] to Sir John Werden, Secretary to the 
Duke of York. The Lords of Trade and Plantations having been 
acquainted by Colonel Stapleton, Governor of the Leeward Isles, of 
the great inconvenience to His Majesty's service in those parts for 
want of a Commission to him from His Royal Highness to be his 
Vice-Admiral throughout his government, request that a Commission 
may be granted to Governor Stapleton. Encloses, 

370. f. Reasons for a Commission of Admiralty. [Col. Entry 
Bk., Vol. XLVI.,pp. 227-230.] 

July 27. 371. Journal of Lords of Trade and Plantations. Their Lord- 
Whitehall, ships debate the business of New England, and the necessity of 
bringing those people under a more palpable declaration of their 
obedience to His Majesty, and that they may be of use to him in 
times of necessity, which hath hitherto' remained too long un- 
decided. Therefore, having agreed on several heads, the agents are 
called in and told : (1) That their mathematical line, whereby 
they pretended to extend the limits of their patent, was an 
imaginary thing and no longer to be thought upon by them, but to 
confine themselves to the limits lately reported by the Judges ; 

(2) As to the propriety of the soil in Maine, if they will not 
agree to the pretensions of the claimers, it shall not be left to their 
will, but His Majesty will constitute some third authority to 
determine therein according to justice ; they were advised to retract 
their rash declaration of abandoning Maine, if their authority to 
govern it were set by, as it was part of His Majesty's dominions, 
and ought not by any of his subjects to be abandoned to his enemies ; 

(3) That they had transgressed in presuming to coin money, which 
is an act of sovereignty ; that though His Majesty may upon 
application grant them a charter containing such a power, yet they 
must solicit his pardon for the offence that is past; (4) The Act of 
Navigation must for the future be religiously observed ; (5) That 
there were great defects in some of their laws, and they must 
expect change, and to this effect it was recommended to His 
Majesty's Counsel to point out such as should need amendment ; 
(6) That although they might think their attendance- here long, it 
was necessary and perhaps useful to themselves, and although they 
might not be qualified with power sufficient to authorize them in 
all these matters, they were to know that His Majesty did not 
think of treating with his own subjects as with foreigners and to 
expect the formality of powers, but having resolved to do all 
things that were fit for them and consistent with his own service, 
they might from time to time intimate the same to their principals, 
and give their attendance on Thursday next. The agents excuse 



136 COLONIAL PAPERS. 

1677. 

the mistake of that rash expression about abandoning the defence 
of Maine ; their principals had done otherwise, and should still 
think themselves obliged to continue in case of danger ; they excuse 
their want of sufficient powers, but are ready to obey in all things 
that in them lies. Their Lordships tell them that His Majesty 
will not destroy their charter, but rather by a supplemental one 
set all things right that are now amiss, and their charter of 
4 Car. I. should be inspected, and, according as they administered 
the power therein given, so should they be measured and con- 
sidered. The charter ordered to be sent to Mr. Attorney and 
Mr. Solicitor, to examine whether the authority of the Crown be 
sufficiently preserved, as it may be more advisable to measure their 
behaviour according to the rule of the charter than wholly to 
overthrow it by what Mr. Mason alleges sufficient for that effect. 
That it be observed how far their power extends of making laws 
and levying taxes, especially on imports and exports ; their Lord- 
ships think that no laws of this kind should pass without receiving 
His Majesty's approbation, and no taxes be raised but in His 
Majesty's name and by His Majesty's appointment to the uses of 
the government, and that their method of swearing all to be true 
to that government be abolished. 

Mr. Secretary Williamson acquainted their Lordships that 
Virginia was still in a very unsettled condition, so that their 
Lordships appointed the Lord Culpeper and Colonel Parks to 
attend on Thursday next, and that the papers relating hereunto 
be laid before their Lordships, to determine upon all the points of 
difficulty that therein occur. [Col. Entry Bk., Vol. CV. t pp. 95- 
98.] 

[July 27.] 372. Representation of the Commissary of the Dutch West 
India Company to the King. That Captain James Browne 
piratically took the ship Sun on the coast of Carthagena, and 200 
negroes belonging to said Company, and landed them at Jamaica, 
which the Governor seized, and were by the Judge Admiral ordered 
to be sold and the proceeds secured to the rightful owners. Having 
proved the right of the Dutch West India Company, prays the 
proceeds may be assigned to Sir Thomas Modyford, acting by virtue 
of procuration for said Company. With Minute of Council held at 
St. Jago de la Vega, 1677, July 27. Endorsed, " Rec. Jan. 22 and 
read in Council Jan. 24, 1679. 3 pp. [Gol. Papers, Vol. XLL, 
No. 45.] 

373. Abstract of the laws in Massachusetts relating to assess- 
ments, customs, excise, and militia. Every inhabitant to be 
compelled to contribute to all charges in church and common- 
wealth by assessment and distress ; lands to be rated where they 
lie, persons where they dwell. All persons, except magistrates and 
elders of churches, to be rated at Is. 8d. the head, and all estates, 
both real and personal, at Id. every 20s., the estates of merchants, 
shopkeepers, factors, &c., to be nssessed by rule of pstimation at 
the will and doom of the assessors : if they cn make it appear 



r 



AMERICA AND WEST INDIES. 137 

1677. 

that they are over-valued, they may be eased by the assessors, 
otherwise by the next county court ; houses and lands to be 
valued at an indifferent rate in places where they lie ; cattle to be 
valued thus, every bull and cow of four years old and upward 
at 3/., every ox of like age at o/., heifers and steers between three 
and four years old at 50s., and between two and three at 40s., 
every horse and mare of three years old and upwards at 51., 
between two and three at 3., and between one and two at 80s., 
ewes and heifers of one year at 10s., goats at 8s., swine at 20s., 
and asses at 40s. ; all cattle under a year old are exempted, as also 
all corn and hay in the husbandman's hands, because the lands and 
cattle are rateable as aforesaid; important persons are exempted 
from paying the poll ; the Commissioners to perfect the assessments 
in the first week of the seventh month at the respective shire 
towns, and to transmit copies to the Treasurer, to make warrants 
to the constables to collect and levy the same by the twentieth day 
of the ninth month yearly ; strangers to be rated according to the 
cargoes they bring into the country, and in case of refusal to 
give a true account of their estates, the select men are empowered 
to assess them in proportion to a single rate by will and doom as 
inhabitants of the country are rated ; the ministers of God's word 
regularly ordained over any church to be free of all rates and 
taxes. Customs : All persons importing wine or strong waters 
(except directly from England as their first port) to make just 
entry of all their goods before bringing them on shore on pain of 
forfeiture, half to the country and half to the officer, and to pay 
customs for wines according to these rates: for every butt of Fayal 
wines, or others of the Western Islands, os., fo A xldeira wines, 
6s. 8cZ. a pipe, for sherry, sack, Malaga, Canary, muscaido, 
malraoies, and other wines from the Straits, bastards, tents, and 
Allicants 10s. a butt, French wine 2s. Qd. per hogshead, strong 
water 10s. per hogshead ; besides these, all merchants of stranger 
ships to pay at the rate of Qd. a ton for every ship out of the 
merchandise -that they sell, and the master of every such ship, 10s., 
but no English ship or ships of confederates to pay the Qd. a ton, 
but only 10s. for every ship above 200 tons, and 6s. 8d. for every 
ship of less burden ; all goods imported except fish, wool, cotton- 
wool, salt, and other things exempted, to pay for every 20s. value 
Id., every 1001. worth of goods at the port whence they came to 
be valued at 120Z. ; for all cattle brought into their jurisdiction to 
be sold, killed, or transported, the rate before mentioned to be 
paid for every head on penalty of forfeiture. Excise : For every 
hogshead of cider, ale, and beer sold in public houses 2s. 8d., and 
for mum 5s. Several lines bringing in a large revenue, such as : 
for galloping in Boston streets 3s. 4<d., for playing at shovel board, 
bowling or other game, the house to pay 20s., and every person 
playing 5s. ; persons playing for money to forfeit treble value of 
the money played for, half to the informer, half to the Treasury ; 
every person dancing in ordinaries to pay 5s. ; every person 
offending by observing Christmas to pay 5s. ; every person bringing 
playing cards into the jurisdiction, or playing with them, to pay 



] 38 COLONIAL PAPP:RS. 

1G77. 

5Z., half to the informer, and half to the Treasury. The Militia : 
The military forces of Suffolk, Middlesex, and Essex to be under 
the command of the sergeant-major in each county, and the militia 
of Norfolk to be under the command of the Major of the Essex 
regiment ; every sergeant-major once in three years to draw his 
regiment in a convenient place to instruct and exercise it in 
military discipline, and to have for this 20L allowed him out of 
the Treasury of the country, and if he thinks fit to require the chief 
officers of each company to meet and settle the particular com- 
pany and may impose fines on delinquents for defects in arms, 
ammunition, c., and to give orders to the clerks of the company 
to take distress within a month ; the regiments being increased 
from three to six are to meet each in the counties of Suffolk, 
Norfolk, Middlesex, Yorkshire, Essex, and Hampshire ; 64 soldiers 
besides officers to form a foot company, and to have two drums ; 
commission officers to be chosen by the General Court, or in case 
of emergency (except the Major-General and Admiral) by the 
Council of the Commonwealth; the officers of each company to 
attend to the complete arming of the company, of which two-thirds 
shall be musketeers and the rest pikes ; the chief officers may 
punish the soldiers' disorders with any usual military punish- 
ment, or by fines not exceeding 20.s., or may hand them over to 
the magistrate ; the pikeman to be furnished with corslet, head- 
piece, sword, and snap-sack (or by a buff or quilted coat, instead 
of a corslet), the musketeers to have in readiness musket, priming 
wire, warm scourer, mould, sword rest, bandoliers, 1 Ib. of powder, 
20 bullets, and two fathom match, under penalty of 10.5. for every 
defect, and so must all inhabitants under like penalty (except 
magistrates, elders of churches, &c.) ; all persons above 16 to 
attend military exercise in training, watching, warding, &c., under 
penalty of 5s., except magistrates, deputies, officers of courts, 
elders, &c. 5 pp. [Col, Papers, Vol. XL!., No. 46.] 

374. Petition of Alexander Culpeper, Administrator of the 
estate of Sir William Berkeley, late Governor of Virginia, to the 
King. There remains unpaid the salary of Sir William Berkeley 
for a considerable time before his death, which is now legally due 
to his widow, Lady Berkeley ; prays that His Majesty will send 
orders to the Governor in Virginia to direct the payment of 
all such moneys due to Midsummer last out of the first public 
moneys raised for that purposes. 1 p. [Col Papers, Vol. XLI., 
No. 47.] 

Aug. 1. 375. Peter Beckford, Clerk of the Council, to Secretary 
Jamaica. Williamson. Sends the Acts already passed. The Assembly met 
9th April last, and sat after two adjournments till 26th July ; they 
had prepared more Acts, but some difference arising, the Governor 
after he had consented to these Acts, dissolved them, and new 
writs are out for a new Assembly to convene (5th September. 
Supposes they may finish all there is to do in a week. The last 



AMERICA AND WEST INDIES. 139 

1677. 

difference arose from one Browne, a privateer, taking a Dutch ship 
freighted with negroes, to trade with the Spaniards. Relates the 
circumstances. At least 300 come in since the passing of the Act 
ngainst serving under a foreign prince. Men will not venture their 
lives to serve the French, it being death by said Act to do so. 
Several Spnnish towns taken by the French of late at the taking of 
Sta Martha, they had about 100 English, who have all since come 
in upon the Act. Some of the prisoners taken brought to Jamaica 
by the French. Begs to be favoured with an open letter of 
recommendation to deliver at the arrival of the Earl of Carlisle, as 
Williamson gave him to Lord Vaughan. 2 pp. [Col. Papers, 
Vol. XLL, No. 48.] 

Aug. 1. 376. Thomas Wat kins to Secretary Sir Joseph Williamson. 
Sends papers which came to his hands this day by a master of a 
Virginia merchantman (the enclosures are the letters of 28th April 4 
and llth June of Governor Berkeley and Lieutenant-Governor' 
Jeffreys, see ante, Nos. 198, 293). [Col. Papers, Vol. XLI.,\ 
No. 49.] 

Aug. 2. 377. Journal of Lords of Trade and Plantations. Debate upon the 
(Whitehall), business of Virginia and upon expedients to quiet the minds of the 
people there. Notice taken of certain laws made since the Rebellion 
for restitution of plundered goods, and that His Majesty's Procla- 
mation for General Pardon did not hinder such restitution, but did 
only pardon the crime against his authority, also of a proclamation 
of Sir W. Berkeley contrary thereto. It is conceived much for 
His Majesty's honour as for the quiet of that place to issue a new 
proclamation confirming the former, and absolutely pardoning as 
to the crime of rebellion all that laid hold on the conditions of 
the same. Lord Culpeper and Colonel Parks examined in reference 
to the estates confiscated. Agreed to report to His Majesty that a 
proclamation may issue in Virginia to disannul whatever the 
Governor did in derogation of what, in His Majesty's name, was 
first proclaimed, and that restitution be made of all confiscations 
made by the Governor upon his proceedings contrary to the King's 
proclamation. Restitution of goods found in the hands of any 
that " partaked " in the Rebellion to be made to the lawful owners. 
Objections to a law passed since the Rebellion ; that part relating 
to incapacitating those concerned in the late Rebellion from bearing 
office to be reconsidered. These Minutes to be sent to Mr. Secretary 
Coventry, and further proceedings respited till his health permit 
him to be present. Lord Culpeper, Governor of Virginia, to have 
access to all Virginia papers in the Plantation Office. 3 pp. [Col. 
Entry Bk, Vol. CV.,pp. 99-101.] 

[Aug. 2.] 378. " Objections against the laws of New England by Mr. 
Attorney." P. 1. Offences made capital which are so by the word 
of God ; if by the word is meant the Mosaical law the obligation 
ceaseth and the patent will not in many instances lie fit to be 
followed by Christians, e.g., to make it death to gather sticks on the 



140 COLONIAL PAPERS. 

1677. 

Sabbath, and many others. P. 15. Stubborn son on complaint of 
father or mother to be put to death. Part of the Mosaical law 
which make? it suspicious what is meant by the word of God ; the 
law against the stubborn son took its original from the power of 
life and death which parents anciently had which by consent hath 
been long since disused. Pp. 12, 13. Burglary and robbery not 
punishable with death till the third offence. P. 15. Rebellion only 
such as is against the Commonwealth. P. 34. General Court called 
the chief civil power in the Commonwealth. P. 58. Fine of 5s. 
for the observance of Christinas. P. 102. Civil marriage. P. 132. 
Penalty for 'walking in streets or fields, and for children playing on 
the Sabbath. P. 119. No provision for taking the Oath of 
Allegiance by common persons. Pp. 163, 164. The preamble of the 
oaths taken by the officers too restrictive, viz., " considering how 
I stand obliged to His Majestic by our Charter and the Govern- 
ment thereby established." P. 167. In the oath of a major of a 
regiment and other inferior officers no obedience sworn to the King. 
P. 117. Power assumed to coin money. P. 154. To make money 
current. " Reed. 2 Aug. 1677." 1 p. [Col Papers. Vol. XLL, 
No. 50 ; also Got. Entry Bk., Vol. LX., p. 231.] 

Aug. 2. 379. Massachusetts laws repugnant to the laws of England 
[Presented by the Attorney-General] comprised under these heads : 
Civil privilege ; liberty to dispose of estates ; apparel ; capital laws ; 
power of courts ; ecclesiastical laws ; magistrates' election ; freemen ; 
dancing and gaming ; observation of Christmas ; marriages ; coining 
of money ; oaths ; torture ; drinking of healths ; entertaining 
strangers ; possession of lands, Anno 1672 ; single women not to 
entertain lodgers ; oppression in trade ; impressing soldiers. 1 p. 
[Gol. Papers, Vol. XLL, No. 51 ; also Col. Entry Eh, Vol. LX., 
p. 231.] 

[Aug. 2.] 380. Case on the Patent of the Massachusetts Corporation. The 
Patent confirms the right of soil and erects a corporation ; the 
common privileges of corporation are granted with the reserving 
clause that the Jaws, &c. be not repugnant to the laws of England. 
The Company have not jura regalia, but by virtue of their patent 
have erected courts and digested the laws into a volumn in 1650-51. 
These laws are (1) defective (a) in making no provision for High 
Treason, (6) in not requiring the oaths of allegiance and supremacy 
as the laws of England direct ; (2) objectionable (a) in the style, 
the word commonwealth being used, (6) in comprising under heresy 
several punishments disproportionate to the offences as by banish- 
ment and death, the pecuniary penalty for keeping Christmas day 
ought to be struck out ; (c) in appointing civil marriage ; (d) in 
the law that none shall be put to death without the oath of two 
or three witnesses, which may be a means of encouraging murder 
and other great offences. These instances are put as a guide that 
the Massachusetts may proceed according to their patent that they 
must act according to the laws of Eng-land. Signed by Sir Fra. 
Winningtcn, Solicitor- General, 1 August 1677. Underwritten, 



AMERICA AND WEST INDIES. 141 

1677. 

" Read 22 Aug. 77." 2 pp. [Got. Papers, Vol. XLL, No. 52 ; also 
Col. Entry Bk., Vol. LX., p. 231.] 

Aug. 2. 381. Journal of Lords of Trade and Plantations. Read a 
Whitehall. Catalogue of Laws sent in by the Attorney and Solicitor General 
passed by the Government of New England which are repugnant 
to the laws of England, and their Lordships find much reason to 
advise His Majesty to write to New England for the abolishing all 
these laws. Mr. Attorney acquainted their Lordships that the 
Agents were in a manner ashamed of them, only as regards that 
concerning the observation of the Lord's day they seemed some- 
what tenacious. Their Lordships take notice from the complaint 
of Mr. Randolph that although the law limiting the Government 
to Church members was " abolished," yet the practice had 
been all along quite otherwise. Touching the principles and 
discourses of Governor Leverett, savouring of very little obedience 
to His Majesty, their Lordships deliberated upon it as a point 
much importing His Majesty's service that no Governor there should 
be established and confirmed without His Majesty's approbation, 
some of their Lordships added his Majesty's Commission, but this 
was thought at present unseasonable. The Agents were called in 
and several points repeated to them, more particularly the many 
repugnances found in their laws against those of England, all 
which His Majesty would expect to have repealed ; that His Majesty 
would not suffer the abuse of the Navigation Act to continue, but 
they should receive an officer of the customs to see that Act in 
His Majesty's behalf fully conformed to. The Agents replied that 
as regarded Church members only they knew of no such practice 
as that complained of, but that any freeman is capable of being- 
Governor, that several freemen are not Church members and that 
'tis not the point of opinion in religion but the number of votes 
that prefers one and lays by others according to their constitution. 
And their Lordships seemed to acquiesce in this answer. The 
Agents were further told that their Principals were faulty in raising 
taxes on the King's subjects who traded with them, so that they 
must expect to undergo the amendment of these and other abuses, 
and attend the Attorney-General, (1) to observe his objections to 
their laws, if they can allege anything why they should not be 
abolished ; (2) for the model of a pardon from His Majesty for 
coining money without authority ; (3) for an additional Charter to 
give them power to coin money and make foreign coins current in 
that country ; (4) for Mr. Attorney te report how he finds His 
Majesty's authority preserved in the present Charter. The agents 
were also ordered to give in a list of the Plantations which by the 
Judge's late report are outside the Massachusetts government that 
they may the better advise His Majesty how they might be governed. 
Mason is called in and prays that the A.gents might before their 
Lordships disclaim any title to the soil of his province. The Lords 
acquaint Mason that if they do not agree to give him his own there 
is a third power to be erected for the decision of what he and 
Gorges claim. After the Agents had spoken Mason is told they do 



142 



COLONIAL PAPERS. 



1677. 



disclaim title to anything Mason Las title to. 
Vol. GV., pp. 101-104.] 



[Col Entry Bk., 



Aug. 3. 

Whitehall. 



382. Secretary Sir Henry Coventry to Herbert Jeffreys, Lieu- 
tenant Governor of Virginia. Thoimis Webb goes to Virginia to 
obtain satisfaction of Robert Spring an inhabitant for a considerable 
sum of money due to him for goods and money supplied to said 
Spring, who it seems, thinking himself secure by the remoteness of 
the place where he is, will neither give satisfaction nor come to any 
account. Webb is altogether a stranger, both as to the country and 
their laws, and hath desired a few lines of recommendation to 
"your favour in his person and to your justice in his affairs," which 
Secretary Coventry has no doubt he will extend to him. \Gol-. 
Entry Bk., Vol. CX. p. 1 14.] 



Aug. 5. 

Jamaica. 



383. Sir Thomas Lynch to Secretary Williamson. Was to have 
waited upon him with the further advice received yesterday from 
Jamaica. Governor Vaughau's endeavours to restrain the Governor 
of Sta Martha and other Spanish prisoners aboard Captain Legarde, 
proved ineffectual, " the French being obstinate and damnably enraged 
the English had left them " for divers of our privateers are come in 
since that upon the Act. The Bishop of Sta Martha still here, 
Governor Vaughan is hiring a vessel to send him to Carthagena with 
which he is exceedingly pleased. My Lord and the Assembly have 
not agreed, so he has dissolved them. Relates the circumstances of 
the taking of a Dutch negro ship by one Browne a Scotchman, who 
had a commission from Mons. Ogeron, Governor of Tortugas, who 
has been dead above a year ; the trial and condemnation of Browne 
and his Company for piracy, Browne was ordered to be executed, 
his men being pardoned, but he petitioned the Assembly that he 
might have the benefit of their Act, who petitioned the Governor for 
a reprieve, but he sent orders for immediate execution " whereupon 
the fellow was hanged." Half-an-hour after the Marshal came 
with an order signed by the Speaker to observe the Chief Justice's 
writ of habeas corpus which had been granted, but superseded by 
the Governor's order. My Lord resented this proceeding and 
immediately sent for the Assembly which after reproving he 
dissolved. 2 pp. [Col. Papers, Vol. XLL, No. 53.] 



Aug. 6. 

Whitehall. 



384. Secretary Coventry to the Lieutenant-Governor and Council 
of Virginia. It having pleased God lately to take Sir William 
Berkeley out of this life, His Majesty hath declared Lord Culpeper, 
Governor of Virginia according to his former grant under the great 
seal, and intends to dispatch him with all speed to take charge of 
that Government. In the meantime the management thereof is 
recommended to their care in their joint and several stations until 
Lord Culpeper's arrival which, according to His Majesty's especial 
injunction and the assurance his Lordship hath given, shall be by 
Christmas next without fail. [Col Entry Bk., Vol. XCV., p. 210.] 



AMERICA AND WEST INDIES. 



1677. 
Aug 6. 

Whitehall. 



Aug. 6. 

Whitehall. 



Aug. T V 

Barbadoes. 



Aug. 9. 
Whitehall. 



385. Secretary Coventry to Colonel Jeffreys. Notifies death of 
Sir William Berkeley and appointment of Lord Culpeper to the 
Government of Virginia. His Majesty's command to give Jeffreys 
particular notice thereof, and also His Majsty's kind and gracious 
intentions towards him, to wit, that although Lord Culpeper is to 
enter upon and enjoy the salary of Governor from the time of Sir 
William Berkeley's death, yet His Majesty will take care Jeffreys 
shall be no loser thereby, and that no part of the salary he now 
receives shall be abridged so long as he continues in that Government. 
[Col. Entry Bk., Vol. XCV.,p. 211.] 

386. Secretary Coventry to Colonel Jeffreys. Has received his 
letter of llth June, but it came in the beginning of a sickness 
which is yet so severe he is hardly able to write congratulations on 
the peace he has made with the Indians. As for the letter and 
other transactions of Sir William Berkeley, he came here alive, but so 
unlike to live that it had been very inhuman to have troubled him 
with any interrogations, GO he died without any account given of his 
Government. Upon his death Lord Culpeper kissed the King's 
hands as Governor by virtue of his former patent. Has not been able 
to attend the Council since the declaring Lord Culpeper Governor, 
but with returning strength will draw clear and positive resolutions 
concerning Jeffreys and the Government. Wishes his brother 
Commissioners were here, for till they come we must remain in the 
dark as to many very essential things. 2 pp. [Gol. Entry Bk., 
Vol. XCV., pp. 213-214.] 

387. Governor Atkins to Secretary Sir Joseph Williamson. Has 
received his of 1st June with the King's commands concerning 
Judge Sharpe which shall speedily be put in execution. Is sorry 
he should give His Majesty any occasion of offence, for he is a man 
very considerable in the island, both for his knowledge of the law 
of which they have very few as also in interest. Knows nothing 
of his offence therefore cannot say anything for him. Has not 
yet recovered from a sickness which has brought him very near 
to death, but hopes the dangerous part is over. 1 p. [Col. Papers, 
Vol. XLL, No. 54.] 

388. Journal of the Lords of Trade and Plantations. That His 
Majesty was hastening the Lord Culpeper to his government in 
Virginia, and having proposed to him to be ready by Christmas, 
His Lordship had offered to be ready even by Michaelmas. Lord 
Berkeley complains of the accusations against his brother, the 
Governor, and desired them in writing that he might disprove 
thorn ; he also complained against the officers now in Virginia, 
particularly Colonel Jeffreys, for assuming the style of Governor, 
and that he is about to call an Assembly which may prove of 
pernicious consequence. Their Lordships answer that, when 
Mr. Attorney shall report upon the law there touching con- 
fiscations, it will naturally lead to the consideration of what is 
moved in the first point, and as to the second their Lordships 



144 



COLONIAL PAPERS. 



1677, 



Aug. 20. 



Aug. 25. 

Whitehall. 



Aug. 25. 

Whitehall. 



Aug. 30. 

Whitehall. 



Aug. 30. 

Whitehall. 



Aug. 30. 

Sept, 2. 
(sic.) 

London. 



agree that a sudden meeting of the Assembly there may not be for 
His Majesty's service ; to be added to the instructions of Colonel 
Parks (who is now on his departure), to advertise the officers 
there that Lord Culpeper would be suddenly on the place, and 
would bring with him all materials from His Majesty touching 
their laws and the composure of all things in that Colony, and that 
they desist from calling an Assembly, unless there do fall out some 
such extraordinary occasion for it as cannot be here foreseen. It 
was observed by Sir Jos. Williamson that though Colonel Parks 
carries with him the powers of a Governor, he could not assume 
any other title than what the Broad Seal gave him, and that it was 
a vanity in him to go beyond it, yet having taken the oath 
administered to Governors he pretends to justify what he has done 
in point of the title. [Col. Entry Bk., Vol. CV., pp. 105, 106.] 

389. Abstract of Laws made at Jamaica on 20th August 1677. 
Also, List of seven Laws made at Jamaica at same time, four being 
in said Abstract. Also, An Act for regulating Surveyors and 
clearing of Lines, passed 20th August 1677, " Amended but not 
approved." Two papers. [Col. Papers, Vol. XLL, Nos. 55, 56 ; 
see also Col. Entry Bh, Vol. XXIX., p. 142.] 

390. The King to Lieutenant- Governor Herbert Jeffreys and 
the Council of Virginia. To the same effect and almost in the 
same words as the letter from Secretary Coventry of 6th August, 
see ante, No. 384. [Col Entry Bk., Vol. XCV., p. 215.] 

391. The King to Herbert Jeffreys, Lieutenant- Governor of 
Virginia. To the same effect and almost in the same words as 
Secretary Coventry's letter of the 6th August, see ante, No. 385. 
[Col Entry Bk., Vol. XCV, p. 216.] 

392. Sir Robert Southwell to Colonel Stapleton. This serves 
only to accompany a number of printed books, containing regu- 
lations for giving passes suitable to what has been established in 
England, yet with the variations necessary for his parts. Witft 
mem., (< Sent to Sir Jonathan Atkins Oct. 1 9. Twelve books of 
passes." [Col. Papers, Vol. XLL, No. 57.] 

393. Journal of Lords of Trade and Plantations. Letter from 
their Lordships to Colonel Stapleton read acknowledging receipt 
of all his letters, and informing him with the state of affairs here 
in relation to the Leeward Islands. Ordered that it be made ready 
for signing against next meeting. [Col. Entry Bk., Vol. CV.,p. 109.] 

394. The Directors of the Dutch West Indies Company to the 
Royal African Company of England. On the importance and 
usefulness of there being a mutual understanding between the 
two Companies as to the traffic in negroes on the coasts of Africa 
and the preventing the trading there of interlopers. Endorsed by 
Secretary Williamson, " The Dutch West Ind. Co. propositions.' 
French. 6 pp. [Col Papers, Vol. XLL, No. 58.] 



AMERICA AND WEST INDIES. 

1677. 

Sept. 4. 395. Secretary Sir H. Coventry to the Earl of Carlisle, Governor 
Whitehall. o f Jamaica. It is the King's pleasure that he repair to the Lords 
of the Admiralty with all speed, in order to the hastening of his 
preparations for his voyage to Jamaica, tie ship appointed to 
carry his Lordship being also designed to attend upon said island 
in the room of the Phoenix, now come home. His Majesty's 
command and the present exigency will have such influence upon 
his Lordship that he need add no more. [CoL Entry Bk., Vol. CX., 
p. 115.] 

Sept. 4. 396. Minutes of the Council of Barbadoes. The Governor 
summoned the Assembly and told them the King had sent the 
Constant Warwick to do service in the island, and not by any 
means to impose upon them, and the King's orders were delivered 
to the Speaker. He also acquainted the Assembly they had begun 
the works to leeward, and propounded Commissioners for paying 
the wages of the workmen. Also that he had to give an account 
of arms and ammunition sent from the King's stores, that he liad 
sent for match for which he desired payment, that 1,500 pikes 
moved for in England without his orders he should not engage for, 
and that they ought to return their thanks to the King for sending 
the Constant Warwick. [Col Entry Bk., Vol. XL, pp. 296, 297.] 

Sept. 4-6. 397. Journal of Assembly of Barbadoes. Orders for payment 
of salaries to the gunners of several forts and batteries. Act for 
empowering Benjamin Middleton to sell his estate for payment of 
his debts read a third time and passed, also an Act fr the more 
speedy remedy in distresses. Remonstrance of William Walley in 
relation to irregular proceedings of John Gibbs, Marshal of the 
Court at St. Peter's, to be examined by Henry Quintine, Judge. 
Resolved that 3UO. be given to Colonel Daniel Searle, " as the 
kindness of the inhabitants of this island," who are sensible of h>s 
present poverty, but not to be in any way liable to the demands 
of his creditors. Petitions of divers persons in relation to sour 
wines recommended to the care of the Treasurer and Major John 
Hallett. Letter from the King to Sir Jonathan Atkins, appointing 
and sending His Majesty's ship the Constant Warwick, Cap tain Ralph 
Delavall commander, to Barbadoes, to be employed for the security 
of the trade and other public services of the island, communicated 
by the Governor to the House. 

Sept. 6. Orders upon petitions of Walter Bent hall, merchant, Thomas 
Doxey, merchant, Josiah Ingle, Richard Bubb, merchant, and 
Captain John Jolmson praying for remission of duty on wines and 
beer turned sour and unsaleable. Act for reviving and c ntinuing 
an Act for laying an imposition on wines and other liquors 
imported ; also an Act to prevent frauds and concealments in the 
payment of excise. The Governor communicated to the Ho;'se 
a letter from Colonel Edward Thornburgh, and enclosed copies of 
petition of the Gentlemen Planters in England to the King, 
lleport of the Lords of Trade and Plantations to the King, and 
Order of the King in Council thereon (see ante Nos, 231, SoO, 264), 

7 S3072, li 



146 COLONIAL TAKERS. 

1G77. 

in reference to a supply of match, pikes, and small arms for 
Barbadoes. Resolved that the 1,500 pikes therein mentioned are 
\vholly useless to the island, and would be a great and unnecessary 
charge, but that a letter of thanks be written to the Lords of 
Trade and Plantations for their care and readiness in favour of the 
country. That the Governor be moved to employ some one in 
England to purchase 1,200 plain firelocks "after the French work, 
about the value of twenty shillings each," and two hundred carbines, 
with cartouch boxes, &c., for which the Assembly promise to ship 
sugars from hence. Ordered that the Commissioners of the Forts 
have power to charge the Receivers of the public levies for payment 
of workmen, materials, and other incidents and necessaries for 
making, repairing, and finishing said forts. Order repealing an 
Order of 16th March 1077 concerning the filling up of strong 
liquors on shore, and ordering that same be filled up on board ship. 
Adjourned to 2nd October. [Col. Entry Bk, Vol. XIII., pp. 265- 
277.] 

Sept. 4. 398. Minutes of the Council of Jamaica. The Provost Marshal 
brought in the returns of the several elections as follow : 

St. David's, Thomas Ryves and Captain Thomas Fargor. 

St. George's, William Nedham and George [Robert] Philippe. 

St. Dorothy's, John Colebeck and Theodore Gary. 

St. Thomas, Captain Edward Stnnton and Clem. Richardson. 

Clarendon, Thomas Sutton and Jonathan Ashurst. 

St. Andrew's, Samuel Barry and John Barnaby. 

Sfc. Elizabeth, Richard Scott and Thomas Raby. 

Port Royal, William Beeston, Anthony Swimmer, and Charles 
Morgan. 

St. John's, Whitgift Aylemore and Richard Oldfield. 

St. Mary's, John Fountain and Andrew Orgill. 

Vere, Andrew Knight and Andrew Langly. 

St. Thomas-in- the- Vale, Fulke Rore and George Nedham. 

St. Katherine's, John Bowden, Samuel Bernard, and William 

^ Bragg. 

St. Ann's, Richard Hemmings and John Gawden. 

St. James', Richard Guy and Samuel Jcnks. 

Sept. 6. The Assembly attended in a full body except seven, and took 
the oaths of alleg'ance and supremacy. They afterwards chose 
William Beeston as Speaker, of whom the Governor approved. 
Sept. 7. The oaths administered to Andrew Knight and Captain Clem 
Richardson. Committee sent from the House to return thanks for 
the Governor's favourable speech, and said they were resolved to 
comply in all things with the Governor's directions to fortify the 
island with good laws and forts. They desired the Acts which lay 
before the Council. 

Sept. 8. Proceedings on Bills brought from the House. 
Sept. 10. Captain Richard Guy and Captain Edw. Stanton take the oaths 
Bill for prevention of lawsuits brought from the House, read three 
times, and passed, 



AMERICA AND WEST INDIES. 14-7 



1677. 
Sept. 11. Oaths administered to Lieutenant-Colonel Whitgifb Aylemore. 

Bills brought from the House, Captain Anthony Swimmer sworn. 
Sept. 12. Proceedings on several Bills. 
Sept. 13. Debate on several Bills, which are read a first and second time, 

and some of them a third time and passed. 
Sept. 14. The Act for preventing damages in Plantations, preserving cattle, 

and regulating highways, and the Act for ordering boats and 

wherries were passed ; also the Act for establishing and regulating 

several courts of justice. 
Sept. 1 5. Bills for the sale of Nicholas Hick's estate and for the sale of 

Benjamin Whetcombe's estate read a second time and committed. 
Sept. 17. Several Bills, with amendments, brought from the House, read a 

second time and committed. 
Sept. 18. The oaths taken by Samuel Jenks. Amendments to Bills brought 

from the House agreed to. 
Sept. 19. Proceedings on various Bills. 
Sept. 20. The Speaker, with the whole House, attended when the Governor 

signed the Bills enumerated, but declared his confirmation should 

not put an end to the Session. 
Sept. 21. Bills read a third time and passed. 
Sept. 25. Conference desired by the House agreed to. Bills advanced a 

stage. Petition of John Collett referred to the Assembly. 
Sept. 26. An amendment desired by the House in the Bill for confirmation 

of pious, charitable, and public gifts and grants agreed to, and 

ordered to be sent down. Proceedings on other Bills. 
Sept. 27. Two letters from the King dated respectively 12th May and 

17th May (see ante, Nov. -3-3, 253) ordered to be ent'red in thi 

Council Book. John Ball was accordingly admitted to the Counc 1 

and took the oaths. Bills read a third time and passed. 
Sept. 28. The Governor signs several Bills in presence of the Speaker and 

the whole House. 

[Col. Entry BL, Vol. XXXV., pp. 013-639.] 

(Sept. G.) 399. Bepresontatiofl of William Stoughton and Peter Bulkeley 
to the Lords of Trade and Plantations. Their Lordships having 
required an account of such places as by the report of the Lords 
Chief Justices are without the bounds of the Massachusetts and 
within the limits of no other jurisdiction, tha Agents inform them 
thut between the N. bounds of the Massachusetts as now retrenched 
and the S. bounds of Maine adjudged to Mr. Gorges, lies a small 
tract of land which (though begun to be planted upwards of 40 years 
since) yet, by reason of its scantiness of accommodation, contains 
only four plantations or towns, the inhabitants whereof are but few 
in number and the generality of mean and low estates ; that those 
places have never been taken in by any other government but that 
of the Massachusetts, under which they have been, to their great 
advantage and content, fixed very near 40 years, but if taken off 
from that government will be under none, and so at the King 'a 
immediate dispose. The Agents therefore pray on behalf of these 
plantations, the minds of the people being very we'l known to 
them, that they may be cont'nued under the Massachusetts govern- 



148 COLONIAL PAPERS. 

1677. 

ment, whereby the N. bounds of the Colony will be free from 
intricacy, many hazards and changes will be prevented, the in- 
habitants will be gratified, and no injury will be done to any one 
claiming propriety in the soil, the determination of which is not 
desired to be hereby obstructed. Signed by William Stoughton and 
Peter Bulkeley. " Presented G Sept. 1677." 1 p. [Col Papers, 
Vol. XLL, No. 59 ; also Col. Entry Bk., Vol. LX., p. 237.] 

Sept. 6. 400. Journal of Lords of Trade and Plantations. The Agents 
Whitehall. O f Boston give in a paper declaring the extent of the plantations 
without their jurisdiction according to the Judges' report, and pray 
that His Majesty would continue them under the Massachusetts 
government for the reasons mentioned which their Lordships read and 
lay aside until a fit. time for consideration. The Agents, in regard 
they are required to stay in England until next spring, desire leave 
to go for some short time into the country promising to be ready to 
attend upon summons. 

The laws of Jamaica having been since May last lying before 
Mr. Attorney-General to report his opinion, their Lordships think 
fit he be put in mind of them in order to his hastening their return, 
see letter Mh October, No. 423. [Col Entry Bk, Vol. CV., pp. 109, 
110.] 

Sept. 6. 401. Journal of Lords of Trade and Plantations. Mr. Secretary 
Coventry delivers a journal of the proceedings of the Assembly of 
Jamaica against Thomas Martin, Receiver of His Majesty's duties. 
Annexed, 

401. I. The Journal of Assembly of Jamaica above referred to. 

11 pp. 
401. II. Articles exhibited against Thomas Martin by the 

Assembly of Jamaica. 1^ pp. 

401. III. Answer of Thomas Martin, one of the representatives 
of the Commons of Jamaica. 3 pp. (Nos. II. ill. are 
included in the preceding Journal.) 

401. IV. A true account of what passed between the Asfcemblyof 
Jamaica and Thomas Martin, cne of their Members, since 
25th May ] 677. 7 pp. [Col Papers, Vol. XLL, Nos. 60, 
60 i.-iv., and Col. Entry k., Vol. CV., p. 110.] 

Sept. 6. . 402. Journal i f the Assembly of Jamaica. Names of the 
Members elected, see ante No. 398. William Beeston chosen Speaker. 
Mr. Ilowser to be desired "to make a sermon" to-morrow and the 
Governor to have notice. 

Sept. 7. Their former Clerk chosen. Committee to return thanks to the 
Governor for his favouiable speech. Mr. Bayley chosen Messenger 
of the House. Committee to demand fr.-m'the Governor the Bills 
of the House before Council and the writs and returns of the 
elections. Rules to be observed for their proceeding, the last being 
that the Speaker and Assembly imprison such of their members as 
are disobedient, drunken, or prophaue, that all may be done to the 
glory of God. 



AMERICA AND WEST INDIES, 149 



1677. 

Sept. 7-9. Debate on various Acts. 

Sept. 10. Captains Guy and Stanton sent to the Council to bo sworn. 

Debate on the Parish tax. Various Acts forwarded a stage. 
Sept. 11-14. Lieutenant-Colonels Barry and Aylemoi'e sent to the Council to 
be sworn, also Captain Swimmer. Proceedings on several Acts. 
Conference desired with the Council concerning the amendments in 
the bills of fees and enrolments. Moved that the island be fortified 
and the survey made of the forts desired by the Governor. Bills 
for sale of the estates of Nicholas Hicks and Benjamin Whitcombe 
for satisfaction of debts. 

Sept. 15, 17, Debate on various Acts. Major Jenks sent to the Council to be 
18. sworn. The House satisfied with his excuse for his long absence. 
In reply to the House the Governor said the Assembly could not 
employ a Committee to take oaths, but must send after examination 
to the Council to have the parties sworn. Reginald Wilson to 
appear before the Committee appointed to make inspection into the 
revenue. 

Sept. 19, 20. Debate upon several Acts including the Act for fortifications and 
Act of the revenue. Voted that James Barclay, Clerk of the 
Assembly, be paid 80Z. for his attendance at the former Assembly, 
and this, also that Major Yeamans, Provost-Marshal be paid 801. 
for his attendance Message from the Governor to be present at 
the signing of several Acts which are enumerated. 

Sept. 21. Proceedings on various Acts. Voted that Governor Lord 
Vaughan have 1,000/. and Sir Henry 300Z. Also that a mes- 
senger be sent for Major Jenks to make his appearance and answer 
his contempt. Committee appointed to examine Acts in which are 
fines, and no care taken for the levying. Petition of George 
Freeman about his brother's estate, 

Sept. 24. Petition of Captain James Davis read for satisfaction for 
services against the rebellious negroes. Committee to enquire of 
Colonel Fuller what number of negroes were killed by petitioner 
and the satisfaction already had. Petitions of Captain Haughton 
and Mr. Ridgeway read ; no petitions to be received founded upon 
an Order of the Council. 

Sept. 25. Debate on the Act of the Revenue. Conference desired about 
the Act of pious grants, committee appointed. Voted that Major 
Jenks be fined 31. Petition of Mr. Ball for Daniel Jordan's real 
estate to be sold for payment of his debts. Major Nedham's 
petition for satisfaction for a negro executed for rebellion referred 
to the Council. 

Sept. 26. Debate on several Acts. Title of the Act of revenue. Petition 
of Thomas Martin praying to be released by the House. Another 
paper of his read, wherein he questions the power of the former 
Assembly to imprison him, which made the House resolve to 
proceed no further in this business unless he make his application to 
the Governor or a more humble address to the House. Committee 
to examine the charge occasioned by the rebellion of the Northside 
negroes. 

Sept. 27, 28. Petition of Thomas Martin representing his disability to satisfy 
his fine and charges and praying they may be moderated and be 



150 COLONIAL PAPERS. 

1677, 

released aucl the House intercede with the Governor iu petitioner's 
behalf carried in the negative. Proceedings on several Acts. 
The whole House went to the Council table to be present as the 
severalbills passed both houses. The Provost- Marshal returned to tlio 
House and desired by the Governor's order that there be no debate 
before they waited upon him, [Col, Entry Bk., Vul< XXXVII,, 
pp. 186-193,] 

Sept. T 8 ^-, 403. Governor Sir Jonathan Atkins to Lords of Trade and 
Plantations. Has received theirs of the last of May (sec (intc, 
No. 276) with very great satisfaction " I lying before under a 
despair to find all my endeavours encounter so many misappre- 
hensions as was signified to me by your former letters." Has not 
neglected his duty or oppressed any body, for he has maintained the 
King's honour and interest and all that tends to his service. If he 
has erred by mistake shall readily incline himself to reform. As 
to Sir Peter Colleton's address for 1,500 pikes, wonders no less than 
their Lordships that without order from himself the Council and 
Assembly any should venture to make such an address to put the 
country to charge without their own consents. Reasons why pikes 
have become useless, besides their is a worm in the country that 
eats the wood that comes from England, wherefore their Lordships 
are begged to supercede that order. He had been a very ill 
husband for the King if he had sent for any arms upon the King's 
account, since the country are obliged to pay for their own arms 
and ammunition by the Earl of Carlisle's charter, so has prevailed 
with them to send for 1,200 firelocks with cartridge boxes and 
girdles, and 200 carbines, for payment whereof tbe} r have pass'ed an 
Act and beg they may be their own chapmen and permitted to 
transport them by their own agents. Will see the Master of the 
Ordnance is paid for the match sent for. Complains that merchants 
upon the Exchange and of the Guinea Company, and others, take 
upon themselves in some measure to be Governors of Barbadoes, so 
having so many masters he knows not who to please. And that 
the places of profit are given away by patent from England which 
was never done before. It were to be wished that Sir Peter 
Colleton and those other gentlemen would move in their own 
spheres for the future. Answer to query about the arms and 
ammunition sent since the King's restoration, also Artillery, powder, 
etc. " three times my Lords already I have given you this account 
* * * * the strength and weakness of any place of this 
importance ought to be kept secret. And therefore, my Lords, His 
Majesty having been pleased to appoint me here his Captain General, 
for which I am accountable to him, either with the utmost peril 
of my life to defend it or if I neglect my duty to answer it with 
my head, and usually those are privacies seldom imparted but to 
the officers of the place and that Lut upon occasion, I beg your 
Lordships' pardon that I use these expressions, not having the least 
thought of derogating from your Lordships' power, or that I am 
ignorant your Lordships are not trusted with greater secrets than 
these. But I fear my papers are neglected, that you are pleased to 



AMERICA AND WEST 1KD1ES. 151 

1G77. 

take no more notice of what I writ before, and that papers of that 
kin-l are made more public than the nature of the thing will admit, 
But to show I Avill disobey your Lordships in nothing, I have sent 
you herewith a new list agreeable to your last commands." Com- 
plaints made to him on behalf of masters of ships seized by the 
French. Has sent the King's frigate to the Governor of the French 
islands to demand a reason for these proceedings. Is confident the 
Dutch plantations at Tobago arid Surinam will come to nothing. 
Disastrous design of the Dutch replanting Tobago, most either starved 
or dead. Has sent the Jaw against Quakers bringing negroes to 
their conventicles necessary for the safety of the island. 4 pp. 
Endorsed "Rec. 18 Nov. Read 27 Nov. 1677." Encloses, 

403. I. List of the King's Council in Barbadoes, viz : 
Colonel John Willoughby. 
Sir Peter Colleton, Bart. 
Colonel Henry Drax. 
Samuel Farmer, Esq. 
C"lonel Henry Walrond. 
Thomas Wardall, Esq. 
Lieutenant-Colonel Samuel Newton. 
Colonel Simon Lambert, 
John Peers, Esq. 
Colonel John Standfast. 
John Sparkes. 

Colonel Henry Hawley, dead. Expects the King's Order 
for another in his place. 

Judges. 

Henry Walrond, Junr., Judge of Austins. 
John Wilham, Esq., Judge of Bridge Town. 
Edw. Littleton, Esq., Judge of the Hole Court. 
Henry Quinto, Esq., Judge of Speights. 
John Reid, Esq., Judge of Scotland Court. 

Military Officers. 

Sir Peter Colleton, Colonel of Horse. 

Samuel Newton, Lieutenant-Colonel. 

John Hallet, Major. 

Colonel Symon Lambert, Colonel of Horse. 

Lieutenant-Colonel James Carter, Lieutenant-Colonel. 

Major John Steart, Major. 

Colonels of Foot. 

Colonel John Willoughby. 
Lieutenant-Colonel Thomas Colleton. 
Major Thomas Jolley. 
Colonel Christopher Lyne. 
Lieutenant Colonel Lewis. 
Major Richard Williams. 
Colonel William Bate. 
Lieutenant-Colonel John Codrington, 



152 COLONIAL PAPERS. 

1677, 

Major Paul Light. 

Colonel Timothy Thornliill. 

Lieutenant-Colonel Affiick. 

Major Helmes. 

Colonel Richard Bay ley, 

Lieutenant-Colonel Samuel Tidcombe, 

Major Foster. 

Colonel John Standfast. 

Lieutenant- Colonel Alexander Ruddock. 

Major Robert Legarde. 

Great Artillery. 

Austin's Bay, 25 guns. 
Battery within the Bay, 10 guns. 
James Battery, 20 guns. 
Read's Bay, 12 guns. 
Charles Fort, 40 guns. 
Willoughby Battery, 13 guns. 
The Hole, 13 guns. 
Speights Bay, 25 guns. 

The Militia consists of 10,000 horse and foot. Between 400 and 
500 barrels of powder. Are rebuilding two of the chief batteries 
of the island at a cost of 1,500. and the arms sent for will cost 
1,500. more. Together, 8 pp. [Col. Papers, Vol. XLI., Nos. 61, 61 i., 
and Col. Entry Bk.Vol. VL,pp. 185-191, and 197-199.] 

Sc>pt. 10. 404. Lords of Trade and Plantations to Colonel William 
Whitehall. Stapleton. Acknowledge receipt of five letters from him from 
26th April to 22nd November 1676 (all calendared in previous 
Volume, see Nos. 902, 954, 990, 1017, and 1150), and " cannot but 
acknowledge your great diligence and punctuality in giving us so 
frequent and circumstantial accounts of His Majesty's islands under 
your government, and the methods you pursue in discharge of 
the trust reposed in you." Their Lordships have considered and 
selected the matters fit for His Majesty's knowledge, and reported 
upon such things as are necessary for the support and encourage- 
ments of the Plantations within his care. As to the English being 
kept out of their possessions in St. Christopher's, and His Majesty's 
sovereignty being disputed ; supply of ministers ; the recruiting of 
the two companies at St. Christopher's, and the establishing a fund 
for their pay ; the sending to St. Christopher's of 300 malefactors, 
" whereby that island may be peopled in some equality with their 
neighbours " ; the raising of forts, supply of arms and ammunition, 
and a frigate to attend the Governor, and the payment of his arrears 
in Sir Tobias Bridge's regiment. Relate what His Majesty has 
been pleased to order in reference to each of these separate wants, 
and also that a commission from the Duke of York as Vice- 
Admiral will be transmitted to him, as well as a public seal for 
settling and assuring the particular interests of the planters, and 
countenancing his own authority. Have considered his repre- 
sentation, concerning Statia, Saba, and Tortola, and for the reasons 



AMERICA AND WEST INDIES. 153 

1677, 

set forth are of opinion that he continue the possession and 
posture of these islands as at present, and not admit of any claim 
without His Majesty's special directions. Desire him to send the 
laws now in force, and so from time to time to receive His 
Majesty's approbation ; also the names of the Council and Assembly, 
and of the civil and military officers and their estates, and copies 
of all Acts of Council, and public orders. Likewise account of 
warlike provisions transmitted to the Leeward Islands since His 
Majesty's restoration, how they were received, disposed of, and paid 
for. Signify their satisfaction with his answers to their inquiries. 
Expect from him a distinct account of the men, women, and 
children, blacks and whites, English, Scotch, and Irish inhabits, 
the number that are born, christened, and die, for which purpose 
a register must be kept. Also his probable conjecture of the 
length, breadth, and circumference of Statia, Saba, and Tortola, as 
no survey has ever been made of those islands. 57 men have 
been raised to recruit the two companies, and were put on board 
the Hopewell 9th August last. [Col Entry Bk., Vol. XLVL, 
pp. 241-251.] 

Sept. 10. 405. Sir William Poole to Lords of Trade and Plantations 
H.M.S, Has made the best inspection he can relating to the affairs of this 

sVj'ohn's country, and has conversed with the fishers, the " saokes," and the 
Newfoundland, planters, and inquired into all their grievances, which he fears will 
scarce be composed while left to their own " managery," in that they 
are so envious one towards another, and this particular harbour of 
St. John's makes more trouble than all the country beside. Has 
sent answers at large to every head of inquiry both from in- 
habitants and fishers, where their Lordships will discover how they 
differ, and wherein they transgress the patent which they say 
cannot be performed at all points. Sends also account of the 
number of men, women, children, arid servants inhabiting from 
Trepasse to the westward of Cape Race to Cape Bona vista ; also 
the number of their houses, gardens, cattle, boats, stages, trainfats, 
&c, account of the fish ships and by boats, number of men, boats, 
stages, and fishing in every particular port or harbour this year ; 
also of all the sacks, their number of men, tons, and guns in every 
port or harbour where they laded their fish, and to what ports 
transported, and as near as he could the provisions of all sorts 
imported this year, and from whence, as France, Portugal, Western 
Islands, New England, New York, and Barbadoes. How the 
planters pass away the winter, the quantity of fish they make, and 
whether cheaper or dearer than the fishermen, and the quantity 
they have also made. Transmits the best account he can of the 
French in this country, and how they manage their fishery, 
and much outdo our people by taking more and better fish and 
running to market before us ; their forts, ships with their burthen, 
and guns. There is still an ancient animosity between the fishers 
and planters. Some fishers grumble the inhabitants live near the 
seaside, and some that they are permitted to stay in the country, 
notwithstanding they confess and it is very apparent that the 



COLONIAL PAPERS. 

1677. 

planters are of very great use to them, because they have not all 
the flakes next the seaside to dry their fish, and cannot dispossess 
them of their storehouses and stages when they please. The next, 
which has some reason, is that the planters' houses and stages are 
scattered too much about the harbour, that they cannot avoid 
mixing one with another, which may admit of many incon- 
veniences, but there is now no separating them without pulling 
down the planters' houses and rooms, which will cost them dear to 
rebuild, having no wood nearer than three miles. The next cavil 
is against the planters' hogs and cattle, which sometimes break 
out to their stages and spoil some of their tish, but this is no great 
prejudice, the custom of the country obliging a return of the fish 
spoilt. Another is the planters' increase, especially in St. John's, 
and will do faster when their children marry, and then this place 
cannot afford accommodation for all to fish. This must be granted 
if they conclude the planters to be immortal, but if succeeding 
years produce not more fish than this year, in six years there will 
not be ten planters left, for they have not this year caught fish 
enough either to pay their servants or the provisions bought. 
These are the chief est grievances, and not very difficult to be 
relieved. Describes how the planters are useful to the fishers by 
employing their people in the woods to fell trees in the winter to 
saw into boards to build boats and make oars against next season, 
and to secure in their houses the unused salt till next year. In 
cases of sickness there are no other nurseries but the planters' 
houses, which are always at their service and their wives to attend 
; them. But the chiefest use of the planters, as the fishers say, is at 

their first coming upon the coast, if by contrary winds they do not 
fall in with the harbour they despatch away their boats to take 
possession of the harbour, for first come first served, and sometimes 
their ships don't atrive for ten or twelve days, in such case what 
would become of the poor men at such a cold season if they were 
not relieved by the planters. At going the planters will give the 
fishers, or take from them, provisions for fish. To remove the 
planters six miles into the country is worse than to turn them off, 
and to turn them quite off the masters of the fishery cry God 
forbid. Assures their Lordships there is room enough and con- 
veniences for all the fishers and planters that are here for this 
season ; some of both have had more room and more stages than 
they have employed, " yet they would fain be injuring one another." 
As to the French fishery, refers to the answers to heads of inquiry, 
"Rec. 16 Oct. 1677." 3pp. Encloses, 

405. i. Answers to the heads of inquiry by several inhabitants 
and masters of fish ships in their respective harbours on 
the coast of Newfoundland. " Transmitted by Sir Win. 
Poole pursuant to an Order of 17 May 1677. Rec. 16 Oct. 
1677." 8 pp. 

405. IT. Description of the harbours and coves between Trepasse 
and the Bay of Bulls, with the bearings and distance of 
the several capes and headlands. " Rec, from Sir Wm. 
Poole 16 Oct. 1677." 2pp. 



AMERICA AND WEST INDIES. 155 

1677. 

405. in. An account of all the harbours and bays to the north- 
ward of St. John's. " Rec. from Sir Wm. Poole 16 Oct. 

1677." a pp. 

405. IV. A particular account of all the inhabitants and planters 
living in every fishing port or harbour on Newfoundland 
from Cape Bonavista to Cape Race, with the number of 
boats, stages, train fats, houses, beach rooms, cattle, &c., 
belonging to them. 2 pp. 

405. V. Names of inhabitants, with number of wives, sons, 
daughters, servants, houses and lodging houses, gardens, 
boats, stages, trainfats, rooms or flaks, horses, cattle, sheep, 
hogs, quintals of fish per boat, and names of harbours. 
2pp. 

455. VI. Account of all inhabitants or planters from Trepasse to 
St. John's ; also of houses, &c., as in No. V. 2 pp. 

405. VII. Total account of the inhabitants in Newfoundland, 
with their boats, stages, &c. " Rec. from Sir Wm. Poole 
] 6 Oct. 1677." pp. 

405, vin. A particular account of every fish ship in each bay or 
harbour, and of every sack ship, and whither bound. 
" Rec. from Sir Wm. Poole 16 Oct. 1677." 2 pp. 

405. IX. Account of fishing and sack ships from Balene to 
St. John's Harbour. " Rec. from and signed by Sir Wm. 
Poole." 4 pp. 

405. X. Account of fishing and sack ships from St. John's to 

Bonavista. The whole account of all the inhabitants in 
Newfoundland, with all the fish ships, boats, and sack 
ships for the year 1677 ; also the several sorts of wines 
and provisions imported this year only in St. John's 
Harbour. Number of men, including housekeepers, their 
sons and servants, 1,631 ; of wives, widows, daughters 
and maid servants, 253 ; total inhabitants, 1,884. The 
nearest estimate of fish taken, 180 kintals per boat, which 
makes [for 1,229 boats] 221,220 kintals. Usual estimate 
of salt, 30 hogsheads of salt per boat, sometimes much 
more, which makes 9,217 tons of salt. For every 
40 kintals of fish they account one hogshead of train oil, 
which makes 5,530 hogsheads of train oil. There is room 
enough in this harbour for more boats than fished 
this summer without injuring one another. Signed by 
Sir William Poole, and received from him 16 Oct. 1677. 
4 pp. [Col Papers, Vol. XLL, Nos. 62, 62 i.-x.] 

406. " An account of the Colony and Fishery of Newfoundland 
and the present state thereof," with a manuscript map in colours 
on vellum of the whole island. Probably compiled expressly for 
Secretary Sir Joseph Williamson, whose signature is on the title 
page. A manuscript volume of 33 pages bound in vellum and 
lettered " Newfoundland." After describing the situation and 
discovery, and the four several patents to Sir Humphrey Gilbert 
ing 1578, the Earl of Northampton, Sir Francis Bacon, and others 



156 COLONIAL PAPERS. 

1677, 

in 1610, to Sir George Calvert in 1620, and to the Marquis of 
Hamilton, Earls of Pembroke and Holland, Sir David Kirke, and 
others (in 1637), and the commissions granted by " the late Usurper," 
the " account " goes on to say that the fishery " became liable to 
several abuses," upon which a commission of inquiry was issued, 
and rules and regulations established, and a charter was granted in 
1661 to merchants and traders to Newfoundland. Then followed 
additional rules and sundry petitions for and against a Governor 
upon which the Lords of Trade and Plantations made reports, and 
the King issued Orders in Council. In 1670 on petition of the 
western merchants additional rules were framed for regulation of 
the fishery. The King was then petitioned on the great advan- 
tages that would attend the fishing trade by a settlement in 
Newfoundland under a Governor, upon which the Lords of Trade 
and Plantations made a further report to the King, who approved 
of their Lordships' proposition. In 1675 Sir John Berry was 
appointed a convoy to the ships trading to Newfoundland, and on 
his return he attended their Lordships and urged the necessity of 
encouraging a colony or else, he said, the French would take 
advantage by the intended removal to make themselves masters of 
all the harbours and fishing places. Then come petitions from 
John Downing, an inhabitant on behalf of the planters, and the 
proceedings thereon in 1676 and 1677, and finally Sir William 
Poole's answers to inquiries, and his letter of 10th September 1677, 
with enclosures of particulars, some of which are entered in full in 
this volume. Also account of the fishing trade in 1615 and in 1677, 
and of the French colony and Trade of Newfoundland. " Besides 
the English and French there are some few and inconsiderable 

o 

ships from Biscay and Portugal that use this trade and keep their 
station on the north coast of Newfoundland, and upon the Bank. 
But no other nation has been known to frequent this fishery." 
The petitions, reports, Orders in Council, and other papers referred 
to are abstracted under their respective dates in the previous 
volumes of this Calendar. [Col. Entry Bk., Vol. LX VI.] 

Sept. 11. 407. Petition of Richard Booth, Samuel Story, Samuel Chap- 
hamson, and William Paggen, of London, merchants, to Lords of 
Trade and Plantations. That certain goods laden on board the 
Richard and Eliza, Nicholas Pryn commander, were seized on 
their arrival in Virginia, upon supposition that they belonged to 
William Hunt, to whom one fourth part only was consigned, who 
was concerned in the rebellion there, though he was never 
convicted of any crime. Pray for an order to have same 
delivered to petitioners, or if embezzled or disposed of, that the 
Governor and Council in Virginia have directions from His 
Majesty to be aiding and assisting in the recovery of same. 
Annexed, 

407. I. Certificate sworn before their Lordships by petitioners 
of the truth of their statements, llth September 1677. 
" Kead 9 Oct. 1677," Two papers. 2 pp. [Col. 



AMERICA AND WEST INDIES. 157 

1677. 

Papers, Vol. XLL, Nos. 63, 63 I. ; also Col Entry BL, 
Vol. LXXX.,pp. 180-182.] 

407. II. Order of the King in Council on Report of the Lords of 
Trade and Plantations on above petition. Approving 
same, and directing that letters be written to Lieutenant- 
Governor Jeffreys that the goods so taken be delivered 
to petitioners or their agent, and in case they be disposed 
of, that said agent be assisted in the recovery of same. 
[Col. Entry BL, Vol. LXXX., pp. 183-186.] 

[Sept. 11.] 408. Petition of Thomas Martin, of Jamaica, and Leonard 
Compeare, of London, merchants, to the Lords of Trade and 
Plantations. Recite former petition (see ante, No. 327). That 
Compeare has received advice that Governor Lord Vaughan not 
only continues to oppose Martin but has cast him into prison 
without bail, " being done out of a mere malice, with a design utterly 
to ruin him/' That petitioners are informed the Earl of Carlisle 
is designed to succeed Lord Vaughan. Pray their Lordships to 
interpose with His Majesty on petitioners' behalf to recommend 
them to the care and favour of Lord Carlisle, and that in mean- 
time Martin be released from imprisonment. " Read 11 Sept. 
1677. Ordered to be reported." [Col. Papers, Vol. XLL, No. 64, 
and Col. Entry Ska., Vol. XXIX., pp. 135-138, and Vol. CV., 
p. 112.] 

Sept. 11. 409. Report of Lords of Trade and Plantations to the King 
on preceding petition. That by reason the Earl of Carlisle is not 
ready to depart for his government of Jamaica, His Majesty would 
immediately grant petitioner his letters to Lord Vaughan, directing 
him not only to release petitioner from prison, but to permit him 
quietly to enjoy the right of His Majesty's patent without 
molestation. Draft and fair copy. Tivo papers. [Col. Papers, 
Vol. XLL, Nos. 65, 66.] 

Sept. 11. 410. Order of the King in Council. Approving preceding 
report, and directing Secretary Coventry to prepare for His 
Majesty's signature the letter therein recommended to Governor 
Lord Vaughan. [Col Entry Bk,, Vol. XXIX., pp. 138, 139.] 

411. Twenty Acts in Jamaica (9th April and 6th September) 
1677. The first an Act for the celebration of the 10th May (1655, 
" the conquest of this His Majesty's island by the English 
forces,") is ordered by the Lords of Trade and Plantations to be 
abolished. 44 pp. [Col Papers, Vol. XLL No. 67, and- Col Entry 
Bk.,Vol CV.,pp. 115-119.] 

11, 12. 412. Journal of Lords of Trade and Plantations. Secretary 

\\liitelntll. Coventry acquaints their Lordships that Lord Carlisle is hastening 

by the King's order to Jamaica, and Lord Culpepper to Virginia, 

to take upon them their respective governments, and delivers a 

book of new laws made at St. Jago de la Vega, 9th April last, but 



158 



COLONIAL PAPERS. 



1677. 

before further progress be made in their examination, ordered that a 
letter be written to Mr. Attorney-General, in whose hands the old 
laws remain, that he give his attendance it' his health permit, or 
send them to their Lordships. Debate concerning the manner and 
circumstances of enacting laws in Jamaica. Thought fit that no 
Assembly be called thenceforward without His Majesty's special 
directions, that no law be consented unto by the Governor until 
it be first approved by the King, and that no Assembly be called 
at the pleasure of the Governor but upon emergency, first to 
acquaint His Majesty by letter with the necessity of calling an 
Assembly. 

Sept. 12 to Secretary Sir Henry Coventry reads letter from Lord 
Nov. 10. Vaughan of 26th June last (see ante, No. 313) transmitting Acts 
already made, and mentions others which will be ready next 
session. Their Lordships enter upon reading and taking said 
laws into consideration. After several meetings, extending to 
10th November folloiving, their Lordships, upon the whole 
matter, agree to report to His Majesty that these laws be 
sent over to Jamaica in the form and method proposed to be 
there received by the Assembly, and that for the future all laws 
be made in Jamaica as the laws of Ireland in the manner pre- 
scribed by Poyning's laws. Ordered that a copy of the Minutes 
taken upon reading the foregoing laws be sent to Sir William 
Jones, Attorney-General, with their Lordships desire that he 
frame accordingly a body of laws which they will offer for 
His Majesty's approbation (see No. 423). [Col. Entry Bks., 
Vol. CV., pp. 110-127, and pp. 149-151 ; also Vol. XXIX., 
pp. 143-153 and p. 157.] 

Sept. 14. 413. Governor Sir Jonathan Atkins to [the Clerk of the 

Barbadoes. Council]. Encloses the Acts of Assembly passed since his arrival 

which will be delivered to him by Robert Chaplin, and desires 

him to present them to the Lords of Trade and Plantations. 

Annexed, 

413. I. Titles of the (22) Laws enacted at Barbacloes from 
14th January 1675 to llth July 1677. [Col. Entry Bk., 
Vol. VI., p. <J1 and pp. 200 202.] 



Sept. 21. 

Whitehall. 



414. Order of the King in Council. Ti.at the six ministers 
going to the Leeward Islands be allowed 201. each to defray the 
expenses of their transportation, and the Lord Treasurer is to 
pay 120?. to the Bishop of London for their use without account, 
clear of any fees, for which an additioned (51. is allowed. [Col. 
Entry Bk., Vol. XLVL, pp. 251, 252.] 

[Sept 21.] 415. Petition of Kicharcl Payne to the King. That petitioner, 
as Deputy to Sir Ernestus Byron, Bai t., Escheator-G eneral lor the 
Caribbee Islands, seized the (states of James Defield, an alien 
Frenchman, John Downell, and Anne, his sister, who died without 
heirs, and Francis Adgate, who hanged himself, but Colonel Henry 



AMHKICA AND WEST INDIES. 



159 



1677. 



Sept, 28. 

'Newmarket. 



Srpt. 29. 

Newmarket. 



Walrond pretending a right by purchase to Defield's estate, pro- 
cured the imprisonment of petitioner by Samuel Farmer, Judge 
of Common Pleas in Barbadoes, where he remained upwards of 
three years. Prays that said Farmer may be sent for home to 
answer his contempt to His Majesty, or be ordered to give 
security to answer what the law shall adjudge here to petitioner. 
" Read in Council, 21 Sept, 1677." [Col. Papers, Vol. XLI., 
No. 68.) 

416. The King to Lord Vaughan, Governor^of Jamaica. 

Right trusty, &c. Besides the discouragement you put upon our 
trusty and welbeloved Thomas Martin, Esq., Receiver of the duties and 
impositions payable unto us within our island of Jamaica, by requiring 
too great a security from him, whereof we take notice in our letter to 
you of July the 14th last past, we are again informed by the humble 
petition of the said Thomas Martin that he is not only obstructed by 
you our Governor there in the execution of the said office, but that he 
is also cast into prison, and kept there without bail or mainprize, 
praying us that he may be relieved from those hardships which he now 
lyes under. We having considered the premises cannot but declare 
ourselves very much displeased with the manner of the preceding of the 
Assembly at Jamaica in fining and imprisoning the said Thomas Martin, 
and with you also in permitting them to do so towards an officer so 
qualified by our great seal. We do therefore requite that he be forth- 
with discharged of his imprisonment, and also of the fine imposed on 
him by the said Assembly, of which Our command all Our officers and 
ministers there whom it may concern are to take notice and yield 
obedience thereunto ; and from you We expect a further account 
touching the extraordinary proceeding of this whole affair. A.nd so we 
bid you farewell, &c. Countersigned by Secretary Coventry. 

[Col Entry Bk., Vol., OX., p. 116.] 

417. The King to Sir Jonathan Atkins, Governor of Barbadoes. 
Complaint has been made to His Majesty by petition of Richard 
Payne, Escheator of Barbadoes, that according to the duty of his 
office he caused a jury to be summoned to inquire into the estate 
of James Defield, an alien, John Donnell (sic), and Anne, his sister, 
dying without heirs, and Francis Adgate, that hanged himself, 
whose estates are escheated to the Crown, by virtue of several 
offices thereupon found, and several negro slaves of said Defield, 
were sei/ed to the King's use, but that this Payne's diligence in 
His Majesty's service hath met with ver}' severe usage from 
Samuel Farmer, Judge of the Common Pleas of St. Michael's, who 
caused petitioner to be closely imprisoned on account of Colonel 
Henry Walrond pretending a right to Defield's estate, as in said 
petition herewith sent is more at large expressed. If the matter 
be as alleged His Majesty cannot but think it a huge piece of 
injustice, besides the invasion of his right and contempt of his 
authority. But that His Majesty may be better informed, has 
thought fit to require Governor Atkim; to examine petitioner's 
complaint, and with all s] red it-port to the King in Council, 
.is veil how he finds the same in its several particulars, as 
ulo how the law of Inirbadoes stands in petitioner's case, that 
when His Majesty hath considered same, he may give further 



160 



COLONIAL PAPERS. 



1677. 



Sept. 30. 

Tobago. 



Oct. 1. 



Oct 2-3. 



Oct. 3. 



Oct. 3. 

Barbadoes. 



order therein agreeable to justice. [Col. Entry Bk., Vol. CX., 
p. 117.] 

418. The conditions of the Dutch for the encouragement of 
the planting of Tobago. " From Sir Jonathan Atkins, 20 Dec. 
1677." 2 pp. [Col. Papers, Vol. XLI., No. 69.] 

419. Testimonials signed by Sir John Berry and Colonel Francis 
Moryson as to the characters of Captains Thomas Gardner of the 
ship Adam and Eve, Larrimore of the Rebecca, John Consett of 
the Mary, Morris of the Young Prince, and Nicholas Prynne of 
the Richard and Elizabeth, together with account of their respective 
services to His Majesty in the time of the late rebellion in Virginia. 
With certificate that this is a true copy of the original remaining 
in Mr. Secretary Coventry's Office. 2 pp. [Col. Papers, Vol. XLI., 
No. 70.] 

420. Journal of Assembly at Barbadoes. Having sat three 
several times by adjournment, the Assembly proceeded according 
to the rules of the House to election of a Speaker, and William 
Sharpe was chosen. Proposal of Colonel William Bate to lay down 
his office of Treasurer, but at the request of the House he 
promised to continue till the last of December. 

Ordered that Richard Seawell be paid 10,260 Ibs. of muscovado 
sugar for so much by him disbursed for the forts at Ostin's Bay as 
by his accounts rendered. Edwin Stede, Deputy Secretary, 
informed the House that the Council were willing to join with 
them in a letter to the Lords of Trade and Plantations if they 
would leave out the names of Sir Peter Colleton and Colonel 
Thornburgh. Delate thereon and agreed to substitute "no such 
persons." Then the letter was transcribed with said alterations 
and passed by general consent, see next Abstract. Adjourned to 
1 1th December 1 677. [ Col. Entry lik., Vol. XIII., pp. 277-28 1 .] 

421. The Council and Assembly of Barbadoes to the Lords of 
Trade and Plantations. Governor Sir Jonathan Atkins having 
communicated to them their Lordship's report in relation to this 
place, return their hearty thanks for the timely supply of match, 
but the solicitation of some private persons for fifteen hundred 
pikes is without the least authority for they would be utterly 
unserviceable to this island. Pray that no such persons may draw 
any mischiefs upon them or be heard in their behalf without their 
particular address to their Lordships or the recommendations of 
Governor Atkins in whose prudent uovernment they can with all 
assurance confide. Signed by J. Willoughby, Henry Drax, Samuel 
Farmer, John Peers, Samuel Newton, John Spark e, Simon Lambarde, 
and John Stanfast of the Council, and William Sharpe, Speaker, 
of the Assembly. 2 pp. [Col. Papers, Vol. XLI., No. 71.] 



Oct. 8-18. 422. Governor Sir Jonathan Atkins 
Barbadoes. Plantations. Very little occurred .since 



to Lords of Trade and 
his last. They have 



AMERICA AND WEST INDIES. 161 

1677. 

escaped the hurricane this year, to the great encouragement of the 
people. Sends list of the Assembly as requested who are elected 
by freeholders of ten acres and upwards, and by law are not to sit 
above a year, and the Governor and Council when they think fit 
may call for a new election, cannot declare their estates. It is his 
duty to tell their Lordships that the 32 queries they sent him 
from England were made so public by some copies sent hither, " how 
obtained I cannot well tell," that it hath caused no small disturbance 
in the minds of these people, and every query in particular after 
their estate hath created many jealousies amongst them. Sir Thomas 
Warner, a lawyer, showed the Governor a copy, and said he had 
instructions to inquire into our forts, magazines, militia, ammunition, 
arms, strength, and defence of the island, but had no order from 
their Lordships. Told him he did wisely to forbear, for had he 
proceeded I would certainly have treated him as a spy. Without 
a law confirmed by Governor and Council the country will do 
nothing which Francis Lord Willoughby experienced, who demanded 
a levy without satisfactory reasons, they refused it, whereupon he 
dissolved the Assembly, and by an Ordinance raised the tax which 
the country would never pay, and put him into such a distaste 
with the people that to this hour his name is odious to them. 
Condition of Tobago, of sixteen hundred people the Dutch Admiral 
brought not six hundred left ; three hundred of their slaves were 
burnt when the Dutch ships were burnt. It is a maxim with the 
planter the Dutch will never hurt them, they having never yet 
succeeded in any of their plantations. Encloses, 

422. I. List of the gentlemen of the Assembly, being the present 
election for the several parishes in Barbadoes. They 
were presented to the Governor and Council on 16th May 
1677, and their names will be found under that date, see 
ante, No. 252. [Col. Papers, Vol. XLI., Nos. 72, 72 i. ; 
also Col Entry B/c., Vol. VI., pp. 202-206.] 

Oct. 9. 423. [Sir Philip Lloyd] to Sir William Jones, Attorney -General. 
Whitehall. The Lords of Trade and Plantations have agreed upon several 
amendments and alterations in the laws sent from Jamaica, and 
command him to transmit same with said laws, to put them into a 
legal form, and return them to their Lordships with anything that 
may occur to him fit to be offered, if there be any difficulty he 
cannot overcome to resort to their Lordships for further advice. 
Also Journal of Lords of Trade and Plantations. Being acquainted 
with Mr. Attorney-General's desires (as below), ordered that a 
letter be written to him to put his proposals in writing for their 
Lordships' consideration. 1677, Oct. 18. Also "Mr. Attorney- 
General's proposals concerning the laws." The alterations which I 
desire Mr. Blathwayt may make in the laws of Jamaica, according 
to the Lords' directions, are only such as require writing and no 
skill. To change the style of the law and the limitation of the 
penalty, cancel those laws wholly left out, and where ipnissima 
verba to be added or altered, which will save him much time, and 
then he will read over the whole to see they are right. Signed 

7 83072. I* 



162 COLONIAL PAPERS. 

1G77. 

W. Jones. "Read 1677, Oct. 19." [Col Papers, Vol. XLL, 
No. 73; and Col Entry J3ks., Vol. XXIX., p. 143, and Vol. CV., 
pp. 135, 136.] 

Oct. 9. 424. Petition of Sarah Drummond, wife and relict of William 
Drummond, late inhabitant in Virginia, to the Lords of Trade and 
Plantations. Describes the treatment her husband met with from 
Governor Berkeley after the late rebellion, by whose order he was 
hurried away to execution four hours after sentence. How she 
was forced to fly from her habitation with her five children and 
wander in the desert and woods, her estate being seized and 
embezzled until the arrival of His Majesty's Commissioners, when 
petitioner was reinvested with the small remainder. Prays, 
forasmuch as her husband was sentenced, condemned, and executed 
contrary to law, and that if he had been culpable His Majesty had 
pardoned him amongst many others, for His Majesty's order to 
restore and confirm to her and her children her said husband's 
small estate, and that the security she has given may be cancelled. 
"Read 9 Oct. 1677." 1 p. [Col. Papers Vol. XLL, No. 74; also 
Col Entry Bk, Vol. LXXX.,pp. 186-188], 

Oct. 9. 425. Journal of the Lords of Trade and Plantations. Ordered 
Whitehall, that copy of the Governor of Jamaica's late Commission and 
Instructions be sent to the Lord Chacellor who has promised to 
frame and to oft'er something which may be convenient for the 
Civil Government. That what Mr. Secretary Coventry writ by 
Colonel Parks for putting off the Assembly be lodged with these 
papers, as also the Narrative and all other papers given in by Sir 
John Berry and Colonel Mory son, the late Commissioners in Virginia, 
and particularly the Proclamation which first issued. The whole 
matter to be resumed on Tuesday when Mr. Secretary Coventry 
comes to town, when said Commissioners and the merchants are to 
attend that they may have the Articles of Peace read which have 
been made with the Indian Princes there, and Lord Culpeper is to 
be advised of this meeting. 

Petition of the widow Drummond read and the whole case 
attested to be true and as deplorable by Sir John Berry and Colonel 
Moryson. Their Lordships agree that the estates of those who die 
by martial law do not escheat but descend to their heirs, and 
therefore they will report that 'tis but just His Majesty command 
Lieutenant-Governor Jeffreys and his Council not only to quiet 
petitioner in all she hath, but to recover for her the rest of her 
property. Reasons for not cancelling the security already taken 
and for taking further security. Their Lordships of opinion that 
the Act of Attainder should be repealed, and as much reparation 
ordered as the condition of things will allow, observing that the 
Act was made to justify and indemnify Sir William Berkeley more 
than any tiling else, yet that he made use of it to all excesses. Mr. 
Attorney must consider how to model an Act for indemnities and 
reparation suitable to the Government there. [Col Entry Bk., 
Vol. CV., pp. 128-130.] 



AMERICA AND WEST INDIES. 163 

1677. 

Oct. 10. 426. Report of [the Lords of Trade and Plantations] to the King 
on above. On the petition of Sarah Drummond, relict of William 
Drummond late of Virginia, who was tried and sentenced to death 
by Governor Berkeley although he never bore arms or any military 
office, and was executed four hours after, praying to be restored to 
her husband's estates. Having discoursed with Sir John Berry and 
Colonel Moryson and finding the case in all the parts thereof to be 
very deplorable, that Lieutenant-Governor Jeffreys and the Council 
of Virginia be required to give all sort of assistance for quieting 
the petitioner in the possession of all she hath. Signed by Finch, C., 
(Lord Chancellor) Craven, and J. Williamson. Endorsed, " Read in 
Council and confirmed Oct. 20th 1677. " Also Order of the King in 
Council approving said Report of Lords of Trade and Plantations on 
petition of Sarah Drummond, and directing letters to be prepared 
for His Majesty's signature to Lieutenant- Governor Jetfreys 
accordingly. Whitehall, 1677, Oct. 19. [Col. Papers, Vol. XLI, 
No. 75 ; also Col Entry Bk., Vol. LXXX., pp. 188-191.] 

Oct. 10. 427. Second petition of Sarah Drummond, relict and adminis- 
tratrix of William Drummond, late of Virginia, deceased, to Lords 
of Trade and Plantations. That she has already remonstrated 
against the barbarous and inhuman execution of her husband by 
order of Sir William Berkeley and the seizure of his estate, and 
their Lordships recommended petitioner's case to His Majesty's 
grace and favour. Prays that Sir John Berry, who hath very 
honourably promised to restore what was seized by the late Com- 
missioners in Virginia, or the prime cost thereof, may be required 
and authorized to do so. Annexed, 

427. I. Journal of Lords of Trade and Plantations in reference 
to above petition of Sarah Diummond for several parcels 
of goods remaining in the hands of Sir John Berry who 
is directed to give an account thereof. Whitehall, 1677*, 
Oct. 10. 

427. II. Sir Robert Southwell to Sir John Berry. Encloses 
Sarah Drummond's petition to the Lords of Trade and 
Plantations who desire he would let tbeir Lordships know 
how that matter stands. Spring Garden, 1677, Oct. 13. 

427. III. Sir John Berry to Sir Robert Southwell. In reference 
to the disposal of the goods seized by him as Commander 
of His Majesty's ships in Virginia and Sarah Drummond's 
pretensions thereto. 1677, Oct. 17. 

427. iv. Minute of a meeting of the Lords Commissioners of the 
Admiralty in reference to a parcel of wines seized by Sir 
John Berry for His Majesty's service. [CoL Papers, 
Vol. XLI., Nos. 76, 76 in. ; also Col Entry Bks., Vol. 
LXXX.,f>p. 192-196, and Vol. CV.,p. 130.] 

Oct. 10. 428. John Levcrett, Governor of His Majesty's Colony of the 
Massachusetts by order and with consent of the General Court, to 
the King. Acknowledges His, Majesty's grace and favour to the 



COLONIAL 



Oct. 10. 

Boston. 



Oct. 10. 

[Virginia.] 



Oct. 12. 

Barbadoes. 



1677. 

gentlemen our messengers sent with our last address, whereby the 
false clamours which have been laid before His Majesty against us 
have been repelled. 1 p. [Col. Papers, Vol. XLI., No. 77.] 

429. Proclamation of the General Court at Boston. Appointing 
15th November to be kept as a day of thanksgiving to God 
for giving peace in a great measure, a rich blessing on the fruits of 
the earth, preventing the spread of infectious diseases ; and granting 
them favour in the eyes of the King. All servile labour prohibited 
on that day, and the Churches ministers and people enjoined to keep 
it solemnly and seriously. Printed. 1 p. [Col. Papers, Vol. XLI., 
No. 78.] 

430. Twelve Acts passed at a Grand Assembly begun at Middle 
Plantation at the house of Captain Otho. Thorp, 10th October 1677. 
[Col. Entry Bks.,Vol.LXXXVnL,pp. 96-101, and Vols.LXXXIX., 
XC., XCL] 

431. The Assembly of Barbadoes to Sir Robert Southwell. 
Encloses by command of the Governor letter of thanks of the 
Council and Assembly to the Lords of Trade and Plantations for 
procuring a supply of match out of His Majesty's stores for this 
island. Encloses, 

431. I. Council and Assembly of Barbadoes to the Lords of Trade 

and Plantations. Hearty thanks for supply of match, but 
as to the solicitation of private persons for the supply of 
1,500 pikes, it was without the least authority or direction 
from this place, for had they come they would have proved 
utterly unserviceable. To avoid the like inconveniency 
in future pray that no such persons be heard without 
their own particular address to their Lordships or the 
Governor's recommendation in whom with full experience 
of his most prudent government they can with all 
assurance confide. " Read 15 Jan. 1677-8." [Col. Entry 
Bk., Vol. VI., pp. 207-208.] 

432. A list of Papers now and formerly delivered to Secretary 
Coventry. A book containing a General Narrative of the late 
Rebellion in Virginia. A Breviary of that, an account how we 
found the condition of the country, how we left it, and what means 
we humbly conceived would best conduce to the settling the future 
peace of it, also a particular answer to our instruction. The 
Articles of Peace with the neighbour Indians in Virginia. A 
Repertory of the County and Personal Grievances with a list of 
the loyal sufferers in Virginia. Colonel Claiborne's Petition and 
a bundle of papers relating to the Isle of Kent, part of Lord 
Baltimore's Province. See ante, Nos. 86, 86 i.-xix. [Col. Entry 
Bk., Vol. LXXXL, p. 290.] 

Oct. 15. 433. The Heads of such Papers as are contained in a manuscript 
intituled A Particular Account how we your Majesty's Com- 



Oct, 15. 



AMERICA AXD WEST INDIES. 165 

1677. 

missioners for the affairs of Virginia have observed and complied 
with our Instructions subscribed by Sir John Berry and Colonel 
Francis Moryson. 1. Instructions and Answers. 2. A true 
narrative of the rise, progress, and cessation of the late rebellion in 
Virginia ; the "inforted " Indians reported not to exceed 1 00 fighting 
men , Citterborne parish grievances ; Gloster and Charles City 
County grievances. A character of the rebel Bacon ; Bacon takes 
the oath of allegiance and supremacy and enjoins the soldiers to do 
the like. An oath of Bacon's taken by bis soldiers. Bacon's speech 
to his soldiers. The Indian war recoils upon the country in an 
intestine rebellion. Bacon comes down to Gloster. Bacon's force 
upon the people. A ship and soldiers sent to seize the Governor 
at Accomack. Bacon's second march against the Indians. Bacon 
had caused a party of his own electing to convene for the carrying 
on his designs. Speech of Bacon when he was out on the Indian 
march upon sending in some of his sick and tired soldiers before 
him. By the Queen's own account only eight of her Indians killed, 
saying she would not tell a lie to mention more than indeed were, 
though Bacon bragged of many more to deceive the people with a 
mighty conquest. The Indian prisoners were some of them sold 
by Bacon and the rest disposed of by Sir William Berkeley, all but 
five which were restored to the Queen by Ingrain who was Bacon's 
general. The Queen of Pamunkey flies for her life and is lost four- 
teen days and almost starved in the woods. The Governor returns 
to James Town. Speech of Bacon to his soldiers going to James 
Town against the Governor. The siege of James Town. Note 
that Bacon's men had marched that day between thirty and forty 
men to James Town. The provisions raised by Act of Assembly to 
supply the Indian war are by the Governor's party forcibly taken 
away to maintain a civil war against the givers of it. Bacon's 
letter from the camp. Bacon's oath of fidelity ; one shot to death 
by Bacon for flying from his colours. Bland, Carver, and Farlow 
executed two days before our arrival by Martial law, but Bland upon 
the commission of Oyer and Terminer. Bacon's death and disease. 
The Assembly observing the late rebellion to be set on foot by new 
comers have now enacted that no man shall receive advancement till 
he has been above three years in Virginia, Bacon being preferred to a 
Councillorship at his very first coming over. The rebellion sup- 
pressed and the Governor's return to Green Spring. 3. A review 
breviary and conclusion (see No. 438). It is said by some that 
there was a paper publicly read to the people that the Governor 
designed only to raise a party to go out against the Indians and 
not against Bacon and offered their estates and an oath to bind this 
pretension to the people. 4. A faithful account in what condition 
they found Virginia (see No. 439). 5 pp. [Col. Papers, Vol. XLI., 
No. 79.] 

Oct. 15. 434. An exact repertory of the general and personal grievances 
presented to us, His Majesty's Commissioners, by the people of 
Virginia, to which we have hereto annexed our most humble 
opinions, remarks, report, and observations with reference to the 



COLONIAL PAPERS. 

1677. 

grievances themselves, as the same are also herewith presented at 
large in their own words and subscribed with the inhabitants own 
hands, as also the particular petitions and proofs of sundry persons 
which for ease and method sake arc here briefly recited and most 
humbly presented 15th October 1677 as follow: James City 
County grievances. Kappahanock County, Citternborne Parish 
in Rappahanock County ; Stafford County, Surrey County, 
Westmorland County, Northampton County, Accomack County, 
Lancaster County, Warwick County, Isle of Wight County, New 
Kent County, Elizabeth City County, Henrico County, York 
County, Gloucester County, Lower Norfolk County, and Nancymond 
County. Signed by Sir John Berry and Colonel Francis Moryson 
[See the original papers abstracted ante, Nos. 116-141.] [Col. 
Entry Bk. t Vol. LXXXI.,pp. 291-333,] 

Oct, 435. Personal grievances of divers inhabitants within His 

Majesty's Colony of Virginia proved before us, His Majesty's 
Commissioners, by oath, all of which we do herewith, according to 
their own desires, most humbly present in their own words as we 
received the same, and do give this short abstract with our ob- 
servations and opinion. The names of the petitioners are Alexander 
Walker, Henry Jenkins, Otho Thorp, Thomas Grendon, Thomas 
and William Dudley, John Page in behalf of John Jeffreyes, Anne 
widow of William Hunt, Nicholas Prynne, Thomas Palmer, Sandes 
Knowles, William Howard, John Deane, John Williams, Thomas 
Bobby, Nicholas Toope, John Johnson and James Barrow, William 
Hoare, Edward Lloyd, Thomas Glover, Andrew Godean, William 
Rowland, Thomas Lushington, Richard Clarke, George Seaton, and 
Sandes Knowles. " There are also other sufferers whose complaints 
are not as yet given in, which at present cannot be presented by 
us, John Berry, Francis Moryson." The originals of most of these 
petitions will be found abstracted ante, Nos. 143-165. [Col Entry 
Bk, Vol. LXXXL, pp. 337-352.] 

Oct. 15. 436. List of the names of those worthy persons whose services 
and sufferings by the late rebel Nathaniel Bacon, junior, and his 
party have been reported to us (His Majesty's Commissioners) 
most signal and eminent during the late unhappy troubles in 
Virginia, and particularly of such whose approved loyalty, 
constancy, and courage hath rendered them most deserving of His 
Majesty's remark. This list is headed by Sir William Berkeley, 
then follow Sir Henry Chicheley, Colonel Nathaniel Bacon, Colonel 
Philip Ludwell, Colonel Augustine Warner, Thomas Ludwell, and 
upwards of forty others, and to each name the Commissioners have 
added some account of their services, character, and sufferings. 
The two last on the list are " the good Queen of Pamunkey," to 
whom it is recommended a present of small price should be sent, 
and Major Robert Bruton, a gentleman of good estate and an 
eminent sufferer. Signed by Sir John Berry and Colonel Francis 
Moryson, [Col. Entry Bk., Vol. LXXXL, pp. 353-357-] 



AMERICA AND WEST INDIES. 167 

1677. 

Oct. 15. 437. A particular account how we your Majesty's Commissioners 
for the affairs of Virginia have observed and comply 'd with our 
Instructions. On one column are the King's Instructions to 
Herbert Jeffreys, Sir John Berry, and Francis Moryson, dated 9th 
November 1676, and on the opposite column the answer of His 
Majesty's Commissioners how they have acted by and performed 
said Instructions. Signed by Sir John Berry and Colonel Francis 
Moryson. [Col. Entry Bk., Vol. LXXXI., pp. 365-367.] 

Oct. ? 438. A Review, Breviary, and Conclusion drawn from the 

foregoing Narrative, being a summary account of the late Rebellion 
in Virginia, the first occasion of the late commotions, followed by 
a short diary of events from 30th April 1676 to 22nd January 
1677. 1676, Oct. 26. Bacon having lain some time sick of a 
bloody flux dies at Mr. Pate's house in Gloucester county ; after 
his death the rebel party were headed by Lawrence Ingram and 
Walklate. 1677, Jan. 22. Governor Berkeley returns to his own 
house at Green Spring, which was not above a week before our 
arrival. Signed by Herbert Jeffreys, Sir John Berry, and Francis 
Moryson. [Col. Entry Bk. } Vol. LXXXI., pp. 41 1-4 1 9.] 

Oct. ? 4397 A true and faithful Account in what condition we found 

your Majesty's Colony of Virginia. Of our transactings during 
our stay there, and how we left it, together with our most humble 
opinion what means will best conduce to the firm grounding and 
securing the future peace thereof. In the handwriting of Samuel 
Wiseman, Clerk to His Majesty's Commissioners. Signed by Sir 
John Berry and Colonel Francis Moryson. [Col. Entry BJc., 
Vol. LXXXL, pp. 423-427.] 

Oct. ? 440. List of Bonds taken to the King's use for securing 

Delinquents' Estates till His Majesty's pleasure be known. With 
receipt signed by Thomas Ludwell for the above-mentioned bonds, 
being fifteen in number. [Col. Entry Bk., Vol. LXXXI., pp. 497, 
498.] 

Oct. 18. 441. Petition of John Jeffreys to the Lords of Trade and 
[Read.] Plantations. That Governor Berkeley by virtue of an Order 
impressed for His Majesty's service twenty pipes of Fayal wines 
belonging to petitioner at James Town, Virginia, which were 
delivered at 81. sterling per pipe. Petitioner lost above sixty-three 
pipes by the rebels burning the town, and the Assembly will only 
allow but half pay for ] 8 pipes, alleging they were taken from 
town, disposed on the public account, and so saved from the fire. 
Prays that he may receive the full rate of 81. per pipe out of the 
public money of the county here (in England). Annexed, 

441. T. Report of the Lords of Trade and Plantations to the 
King. That after conference with Sir John Berry and 
Colonel Moryson, they conceive petitioner deserves His 
Majesty's justice for his whole debt, which they recommend 
Gawen Corbin, in whose hands is a sum of money raised 



168 



COLONIAL PAPERS, 



1G77, 



Oct. 18. 

Whitehall, 



Oct. 18. 
Whitehall. 



Oct. 19. 

Council 
Chamber, 
Whitehall. 



by the Assembly of Virginia, be ordered to pay. Signed 
by Finch, C[hancellor] Anglesey, G. Carteret, J. 
Williamson, J. Ernie, Thomas Dolman. Endorsed, " Read 
in Council Oct. 24 1677. Approved." Conncil Chamber, 
1677, Oct. 22. 

441. II, Petition of John Page in behalf of John Jeffreys to His 

Majesty's Commissioners for grievances. For payment 
of twenty pipes of wine ordered by Sir W. Berkeley for 
His Majesty's service at the rate of SI. per pipe. With 
Order of Assembly, 20th February 1677, and Opinion of 
the Commissioners referring same to His Majesty's 
consideration and justice. 1677, March 10. [Col. Papers, 

Vol. XLI., No, 80, 80 L, ii. ; and Col Entry Bk., 

Vol LXXX., pp. 202-205.] 

442. Journal of the Lords of Trade and Plantations. The 
Articles of Peace made on 29th May last between Lieutenant - 
Governor Jeffreys and the Indian Princes read, Sir John Berry and 
Colonel Moryson with several merchants and planters being 
present. Debate concerning the boundaries settled by this Peace 
and limitation of three miles, which distance from the Indian 
towns the English are to keep in their settlements. The Treaty to 
be printed and copies sent to Virginia after certain amendments 
are made. Colonel Moryson remarks on the advantage and security 
to the inhabitants of Virginia by restraining settlements to a 
lesser compass, it being certain that all the planters are not so 
many as the inhabitants of Stepney parish, and yet have taken up 
as much land as all England. In answer to Lord Culpeper it is 
agreed that the Indians ought to receive the same measure of 
justice from the English as the English by law expect from them. 
[Col. Entry Bk, Vol. CV., p. 130, 131.] 

443. Journal of the Lords of Trade and Plantations. Petition 
of Alderman Jeffreys read (see ante, No. 441), also Order of the 
Asst-mbly of Virginia, dated 20th February 1677. Agreed to 
report to His Majesty the injustice done to the petitioner by the 
Assembly (who deserve censure for the same) and that therefore an 
Older be passed for petitioner's entire satisfaction at SI. per pipe to 
be paid out of the stock of money raised by the Assembly of 
Virginia now remaining in the hands of Gawen Corbin. In 
reference to Sir John Berry's account of goods belonging to widow 
Drummond's husband, their Lordships not being fully satisfied 
concerning this matter order an authentic copy of an Admiralty 
Minute thereon to be written for, with the names of the Lords 
then present. [Col Entry Bk., Vol CV., pp. 132, 133.] 

444. Report of the Lords of Trade and Plantations to the 
King. That the Articles of Peace made between the Lieutenant 
Governor of Virginia and the Indian Princes their neighbours, 
namely, the Queen of Pamunkey, the King of the Nottoways, John 
West, son to the Queen of Pamunkey, the Queen of Raonoke, and 



AMERICA AND WEST INDIES. 



169 



1677. 



Oct. 19. 

Whitehall. 



Oct. 20. 

Jamaica. 



Oct. 20. 



Oct. 22. 



Oct. 22. 



the King of the Nancymoncl Indians be printed and copies sent to 
Virginia for the better publication and observance thereof. Signed 
by Anglesey, Essex, Craven, and Williamson. Endorsed, "Read in 
Council Oct. 20th 1077 and ordered." 2 pp. [Col Papers, 
Vol. XLL, No. 81.] 

445. Order in Council for printing the Articles of Peace lately 
made between His Majesty's Lieutenant Governor of Virginia and 
several Indian Princes in those parts. Mem. That this report was 
made on the 19th and approved in Council, and ordered that the 
treaty be sent to Mr. Secretary Coventry to be printed. \_Col. 
Papers, Vol. XLL, No. 82 ; and Col. Entry Bks., Vol. LXXX., 
pp. 198-200.] 

446. Governor Lord Vaughan to Secretary Sir Joseph Williamson. 
About a fortnight since received two letters from His Majesty, one 
to admit John Ball to the Council, which he accordingly did, the 
other to permit Spanish vessels to buy blacks here, and not be 
imposed upon by any extraordinary duties (see ante, Nos. 235, 253). 
Has used two Spanish ships since put into this port with all 
kindness and friendship, and believes it will prove of infinite 
advantage to the Royal Company and this place. " Rec. 3 Jan. 
1678." 1 p. [Col. Papers, Vol. XLL, No. 83.] 

447. Order of a Grand Assembly begun at Middle Plantation 
at the house of Captain Otho Thorp, in reference to a petition of 
Captain Nathaniel Bacon and the rest of the owners of the ship. 
Planters adventure to be freed from paying the import of 2s. per 
hogshead and Castle duties, as by Act of Assembly lately repealed, 
which law they pray may not be construed to look backward. To 
be allowed that privilege so long as said ship shall wholly belong 
to Virginia owners. 1 p. [Col. Papers, Vol. XLL, No. 84.] 

448. The King to the Lieutenant Governor and Council of 
Virginia. Recites the report of the Lords of Trade and Plantations 
on petition of Richard Booth and others in reference to the seizure 
bv Sir William Berkeley of goods on board the Richard and 
Elizabeth, Nicholas Pryn, Commander, upon supposition that they 
belonged to William Hunt their Agent in Virginia, to whom the 
whole were consigned, and that he was concerned in the rebellion 
there. That said goods be delivered to said petitioners or their 
agents wherever they may be found in specie, and in case em- 
bezzled or disposed of that they may be assisted by all lawful 
means in the recovery of them. [Col. Entry Bit., Vol. XCV., 
pp. 216, 217.] 

449. The King to the Lieutenant Governor and Council of 
Virginia. Recites the Report of the Committee of Trade and 
Plantations on petition of Sarah Drummond, relict of William 
Drummond, late an inhabitant of Virginia, who was after the late 
rebellion there taken, stript, and brought before Governor Berkeley, 



170 COLONIAL PAPERS. 

1677. 

and by him immediately sentenced to die by martial law, although 
he never bore arms, and his small plantation seized, directing them 
to give all sort of assistance for the quieting of said Sarah 
Drummond in the possession of all she hath, as also in the recovery 
of what she is not hitherto restored unto, or the value thereof, in 
whose hands soever the same may be found, but that she give full 
security for the same until His Majesty's final determinations upon 
the whole matter. [Col Entry Bk., Vol. XCV., pp. 217, 218.] 

Oct. 22. 450. The King to Governor Stapleton and the Council of the 
Whitehall. Leeward Islands. At the request of Captain Garrett Cotter, who 
by letters patent of 9th March 1G77 the King appointed Secretary 
and Marshal of the islands of Nevis, St. Christopher's, Antigua, 
and Montserrat, His Majesty recommends him most effectually for 
all just assistance in the execution of his said office. [Col. Entry 
Bk., Vol. XCIIL,p. 155.] 

Oct. 22. 451. Mem. The Lord Privy Seal is desired by the Lords of 
Trade and Plantations to move His Majesty in Council that certain 
Commissions for taking the oaths of the Governors of Barbadoes, 
the Leeward Islands, and Deputy Governors be approved and 
ordered to be dispatched. The Form of Oath to be taken by the 
respective Governors and Commanders of His Majesty's Plantations. 
Also Commission for giving the oaths to the Governors, and Order 
of the King in Council approving Form of Oath which is to be 
annexed to said Commission. Two papers. [Col. Papers, Vol. XLI., 
Nos. 85, 86 ; also Col. Entry Bks., Vol. XCVIL, pp. 49-54, and 
Vol. CV.pp. 135,136.] 

Oct. 22. 452. License from the Lords Proprietors of Carolina to Solomon 
Blackleech, Master of the James frigate, to trade from Ashley river 
with the Spaniards or any Indians dwelling near or amongst them 
or any where upon the coast south of them or upon the cape of 
Florida, and the Governor, Council and officers there are recom- 
mended to assist and treat said master with all justice, civility, and 
respect. [Col. Entry Bk., Vol. XX., p. 130.] 

Oct. 23. 453. Representation of the House of Burgesses to Herbert 
Jeffreys, Governor of Virginia. Complain of a Warrant of the 
Commissioners for Virginia of 19th April last, by which all their 
original Journals, Orders, Acts, Laws, and Proceedings which 
concerned the Assembly begun at Green Spring 20th February last, 
and also those relating to the Assemblies, were forced from their 
Clerk Beverley and kept in March and June 1676 in the hands of 
said Commissioners for several months as a great violation of their 
privileges, and inasmuch as said Commission was never published 
desire that they may have a view of the same. [Col. Papers, 
Vol. XLI., No. 87.] 

Oct. 24. 454. Order of the, King in Council. Approving Draft of 
Commissions for the Governors of the Plantations to take the oaths 



AMERICA AND WEST INDIES, 



171 



1677. 



Oct. 24. 



Oct. 24. 

Boston. 



Oct. 25. 

Whitehall. 



Oct. 25. 

St. 
Christopher's. 



and directing the Attorney or Solicitor General to prepare Warrants 
for His Majesty's signature in order to the passing said Com- 
missions under the Great Seal. 1 p. [Col Papers, Vol. XLI., 
No. 88.] 

455. Order of the King in Council on Report of the Lords of 
Trade and Plantations of 22nd October. On petition of John 
Jeffreys, directing the payment by Gawin Corbin of IQQl. to 
petitioner in accordance with the prayer of his petition. Draft 
signed by Philip Lloyd. 1 p. [Col. Papers, Vol. XLI., No. 89 ; 
also Col, Entry Bk, Vol. LXXX.,pp. 206-208.] 

456. Governor Leverett " with the consent of the General Court 
of the Massachusetts," to Secretary Sir Joseph Williamson. He 
has laid them under a most deep obligation for his most friendly 
and Christian readiness to promote the equity and righteousness 
of their cause, when they were almost sacrificed to the private 
interests and designs of some that made it their work to clamour 
and falsely represent them to His Majesty. Acknowledges his great 
candour and moderation towards them. 1 p. [Col. Papers, 
Vol. XLI., No. 90.] 

457. Journal of the Lords of Trade and Plantations. That 
Lord Berkeley has permission to send his secretary to the office of 
Plantations to peruse and take copies of papers relating to Virginia 
wherein the late Sir William Berkeley is concerned. 

The Earl of Carlisle proposes several considerations concerning 
Jamaica, whereupon their Lordships declare their opinion that no 
escheat, fine, forfeiture, levy of money, or any tax be applied to 
the public use of the island. That the Governor may suspend any 
member of the Council without consent of the Council, which is 
required in Lord Vaughan's Commission. That the names of the 
Council be named in the Governor's instructions, but not in his 
Commission. That a displaced Councillor be not permitted in the 
Assembly. That no Legislative Assembly be called without the 
King's special leave, and that no proclamation touching the laws 
in England be made. The prices of commodities imported and 
exported from the Plantations to be regulated for prevention of 
monopolies, which occasion so much disadvantage to the planters 
and to the trade of the nation in general. On reading again the 
petition of Widow Drummond, and considering a minute of the 
Board of Admiralty wherein His Majesty grants the wines to 
Sir John Berry, it is thought fit that petitioner represent her 
case by petition unto His Majesty in Council. [Col. Entry Bk. t 
Vol. CV., pp. 137-139.] 

458. Certificate of Abednego Mathew, Deputy Governor of St. 
Christopher's. That Sergeant Joseph Potterton has delivered fifty- 
seven soldiers to the Deputy Governor, and " hath merited a good 
repute, and according to my judgment is very worthy thereof." 
[Col Entry Bk., Vol. XLVL, p. 259.] 



172 



COLONIAL PAPERS. 



1677. 
Oct. 26. 

London. 



Oct. 26. 

Boston. 



459. Sir John Berry to [the Secretary to the Lords of Trade 
and Plantations], Is taken ill on his way to attend their Lordships 
on Mrs. Drummond's business. All he desires is that the widow 
may receive what of right appertains to her, and himself no 
prejudice in relation to the wines and brandies expended in his 
public employment at Virginia. 1 p. [Col. Papers, Vol. XLL, 
No. 91.] 

460. Order of the General Court held at Boston. That the 
Acts of Trade and Navigation be strictly observed. Also an Act 
made at Boston by the General Court in 1663 to the same effect. 
2 pp. [Col Papers, Vol. XLL, No. 92.] 



Oct. 28. 

Whitehall. 



Oct. 29. 



461. Journal of Lords of Trade and Plantations. Their Lordships 
inquire into the last despatches of the Leeward Isles upon occasion 
of the attendance of Colonel (Edmund) Stapleton, who is going to 
Nevis within two days, and the letter sent to Colonel William 
Stapleton, the Governor-in-Chief, dated 10th September last, is 
read ; after which ordered that care be taken for sending the three 
hundred malefactors to St. Christopher's, as also for the despatch 
of other matters ordered in Council. 

Having debated several points in relation to the government of 
Jamaica and Lord Carlisle's Commission, their Lordships do not 
now come to any resolution, but notice that Sir Thomas Lynch 
transmitted a law for raising a public revenue without any limi- 
tation of time, it is thought fit that Mr. Attorney and Solicitor 
General give their opinions whether His Majesty may not at any 
time give his assent to that law to make it perpetual, as it is 
necessary such a law be settled in Jamaica. Further consideration 
to be had of this matter. 

Agreed to meet to-morrow at nine o'clock on the business of 
Mr. Martin and Sir Henry Morgan, and on Thursday to consider 
the laws of Jamaica, and despatch Lord Carlisle, when Mr. Attorney 
and Solicitor General are to attend and the Lord Chancellor is 
particularly desired to be present. To consider whether the map 
of Jamaica transmitted by Lord Vaughan be made public by print 
or be kept private. 

The business of Sir Henry Morgan and Colonel Byndlosse 
as they stand accused by Lord Yaughan for corresponding with 
privateers taken into consideration. Abstract of the articles 
against them read, and their Lordships do not come to any reso- 
lution until they have proceeded to a further examination of the 
whole matter. 

Petition of Thomas Martin, Receiver in Jamaica, read, praying 
their Lordships to procure His Majesty's recommendation to the 
Earl of Carlisle that petitioner may find no obstruction in the 
execution of his office. Whereupon notice is taken that sufficient 
orders are already issued from His Majesty to Lord Vaughan for 
release of petitioner from imprisonment, and his admittance to the 
due execution of his office. [Col. Entry Bk.lVol. CV., pp. 140-142.] 



AMERICA AND WEST INDIES. 173 

1677. 

463. Petition of George Compeare of London, merchant, on 
behalf of Thomas Martin, to Lords of Trade and Plantations. 
Recites what has been done on Martin's several petitions, notwith- 
standing all which he is still detained a close prisoner, as appears 
by the enclosed. Encloses, 

463. I. Thomas Martin to his brother. Is still in prison. Has 
petitioned the Assembly of Jamaica, sends petition, and 
relates what has taken place thereon. St. Jago prison. 
1677, Oct. 20. Two papers. [Col. Papers, Vol. XLL, 
Nos. 93, 93 i.] 

Oct. 30. 464. The King to Colonel Stapleton, Governor of the Leeward 
Whitehall. Islands. Is glad to put him in mind how entirely His Majesty relies 
on his care and circumspection in whatever may relate to the 
safety and improvement of the plantations under his government, 
arid how much it is therefore his part to be early and frequent in 
advertising the Lords of Trade and Plantations and the Secretaries 
of State whatever he finds of consequence to those ends. He has 
neighbours that employ all their care and costs for getting more 
footing in the West Indies, and, if we do not look well abou^ us 
in time, is afraid how dear it may one time or other cost us. The 
meaning of this is that our islands and plantations should be put 
into such a posture as to forts, militia, munition of all sorts as may 
prevent any surprise at least, if not to put them into a condition 
to make a just and a solemn defence. [Col. Entry Bk., Vol. XCIII., 
p. 155.] 

Oct. 465. Sir Thomas Lynch's proposals about settling the government 

of Jamaica. The Governor to have a title answerable to his quality, 
and no Councillors named in his Commission. It would be hazardous, 
and exceedingly inconvenient, to remove all the seven Councillors 
who have affronted and dissented from Lord Vaughan, but the 
new Governor might have a dormant order to remove the prin- 
cipal, and make him incapable of all other employments and 
sitting in the Assembly. The Governor to carry over a proclamation 
that the people shall be governed by the laws of England, and 
that no man's property shall be taken away but by known laws. 
This His Majesty has formerly published, and seems particularly 
needful to be done now for the reasons which are stated at length. 
That greater authority be given the Governor in the matter of 
passing laws, and that he be empowered to give the Royal assent 
to those laws His Majesty has approved of. The Governor to be 
instructed to apply all the revenue to the uses of the island, and 
permit the Assembly to name the uses for what they raise. The 
Act of the revenue being passed there will not need sucli frequent 
Assemblies. The Council to govern in the Governor's absence. 
The present Lieutenant-Governor incapable of such a trust ; he is 
governed by his brother-in-law, Colonel Byndlosse, " a very ill man," 
many complaints of him before the Lords of the Council. Last 
Session he struck Lord Vaughaii's Secretary , to justify which the 



17-1 



COLONIAL PAPERS. 



1077. 



[Oct.] 



Nov. 1. 

Whitehall. 



[Nov. 1.] 

Whitehall. 



Lieutenant-Governor and another brother-in-law challenged the 
Secretary. 3 pp. [Col. Papers, Vol. XLI., No. 94.] 

466. The Form of an Oath to be taken by the respective 
Governors and Commanders of His Majesty's Plantations amended 
by the Committee of Trade and Plantations from a previous form 
of 3rd May 1676. In this oath the statute made in the 12th year 
is referred to as an Act for the encouraging and increasing of 
shipping and navigation, and that in the 15th year an Act for the 
encouragement of trade. [Col. Entry Bk., Vol. XCVII., p. 53.] 

467. Lords of Trade and Plantations to Colonel William 
Stapleton. Having on the grounds of his report laid before the 
King the necessity of sending over six ministers to the Leeward 
Islands, the Bishop of London was directed to find out persons fitly 
qualified. Five of them, viz., Messrs. Foster, Jones, Molineux, 
Davis, and Milward are embarked in the Olive Branch, Captain 
Giles Lawrence, commander, and the other, Mr. Grief, will follow 
in a few days in another ship. Recommend them all to his 
particular favour and respect, and that he dispose the planters 
and inhabitants to receive them courteously, as they are most likely 
to do, and from time to time to acquaint the Bishop of London as 
to the deportment of said persons, and the answering or falling 
short of those ends for which they are sent over. Mem. This 
letter was immediately enclosed to Colonel Edmund Stapleton, the 
Governor's brother, and sent to his lodgings as he had directed. 
[Col. Entry Bks., Vol. XLVI., pp. 252, 253, and Vol. CV., p. 143.] 

468. Petition of Dame Joan Hall, widow and executrix of 
Colonel Christopher Kaynell, Jate [Governor] of Antigua, to Lords 
of Trade and Plantations. Had been in lawful possession of a 
plantation in that island called Berryes Hope above 14 years, when 
the French in 1667 invaded it. That she was forced to transport 
herself and children to Nevis, leaving her whole stock and about 
three score negroes, which were taken by the French. That on 
the island being reduced to His Majesty's obedience in May 1668, 
petitioner returned to Antigua, and had quiet possession of her 
plantation for some time until William Lord Willoughby assigned 
it to Colonel Codrington. who has ever since detained the same, 
but it is now offered for sale. Prays their Lordships to intercede 
with His Majesty on her behalf that such orders may be given that 
petitioner and children may be restored to their just rights. 

Whereupon their Lordships order that, because no certificate 
appears to make out the truth of the allegations, Colonel 
Stapleton, Governor of the Leeward Isles, be written to to inquire 
into the true state of the case and occasion of this assignment made 
by Lord Willoughby, and return answer with all convenient speed. 
See 9 Jan. 1678, Colonel Christopher Kaynell was Governor of 
Antiguai n 1656, see first Volume of this Calendar. [Col. Paper*, 
Vol. XLI., No. 95 ; and Col. Entry Bks., Vol. XLVI., pp. 256, 257, 
Vol. CV., and pp. 143,144.] 



AMERICA AND WEST INDIES. 



175 



1677. 

[Nov. 2.] 



Nov. 2. 

Whitehall. 



Nov. 6. 



Nov. G. 

Whitehall. 



Nov. 8. 

Whitehall. 



469. Petition of Sarah Drummond to the King in Council. 
That Sir John Berry may be authorized to restore petitioner's 
goods seized by him in Virginia, which he promises to do if he may 
be ordered. [Col Papers, Vol. X LI., No. 96.] 

470. Order of the King in Council. On petition of Sarah 
Drummond authorizing and requiring Sir John Berry to cause the 
petitioner's plate, clothes, and goods to him seized and remaining 
unsold, also the product of other goods disposed of, together with 
the papers and protested Bills of Exchange to be forthwith restored 
to her. As to the wines and brandy their Lordships will report 
the state thereof to His Majesty. [Col. Entry Bk., Vol. LXXX., 
pp. 196, 197.] 

471. Petition of Richard Carver, son and heir of William 
Carver, late of Lower Norfolk County in Virginia, to the Lords of 
Trade and Plantations. That the late William Carver, under 
colour of the late rebellion, was executed by martial law, and all 
his property seized till His Majesty's pleasure be known. Prays 
that the Lieutenant-Governor and Council of Virginia have orders 
to give petitioner as heir assistance in recovering his father's and 
his own estates. Two Petitions and three depositions on oat/t. 
4 pp. [Col. Papers, Vol. XLI., Nos. 97-101.] 

472. Journal of the Lords of Trade and Plantations. That the 
petition of Richard Carver is received, and John Warner sworn 
to a paper in his behalf. [Col. Entry Bk., Vol. CV., p. 144.] 

473. Journal of the Lords of Trade and Plantations. The 
depositions of Lucy Bower and Mary Dannel in the case of 
Richard Carver are taken, and petition of Carver read. Their 
Lordships of opinion he ought to make a legal proof that he 
is the true son and heir, after which he may have recourse to His 
Majesty's grace and favour for the recovery of his estate. Sir 
John Berry declares William Carver to have been a principal actor 
in the rebellion, and to have endeavoured the surprizal of Governor 
Berkeley at Accomack, in which expedition he was taken and soon 
after executed. After which His Majesty's proclamation of 27th 
October 1676 is read, also an Act of Indemnity made in Virginia 
29th February last, wherein amongst others said Carver is 
excepted, together with an Act of Attainder of 20th February, in 
which Carver and others are attainted of high treason, and their 
estates forfeited to His Majesty. Debate whether same be taken 
off as was resolved 9th October last to be further considered. 

Sir Jonathan Atkins' letter of 13th May last (see ante, No. 241), 
touching a trade for negroes with the Spaniards, read 17th July 
last, again read, also the Answer of the Royal African Com- 
pany to a copy of same, together with a letter to Mr. Solicitor- 
General, and his opinion on the legality of such a trade. After 
which their Lordships leave the matter unto further consideration. 
[Col. Entry Bk., Vol. CV.,pp. 146-148.] 



176 COLONIAL PAPERS. 



1677. 

[Nov. 10.] 474. Memorial of the Earl of Carlisle to the Lords of Trade and 
Plantations of several heads concerning Jamaica, with their Lord- 
ships' opinions thereon. To raise money in the King's name for 
the use of the island. For the better government of the Council, 
that their names be left out of the Governor's commission, and 
their election depend upon the Governor as in the time of Sir 
Thomas Modyford and Sir Thomas Lynch. That proclamation be 
issued for securing to the inhabitants laws conformable to those in 
England. The logwood trade to be adjusted. The Governor to 
grant let passes for 21 years of the Mines Royal, reserving a tenth 
to the King. And that a Mint be allowed or bullion from Jamaica 
coined in England with a particular mark. "Read 10 Nov. 1677." 
[Col. Papers, Vol. XLL, No. 102, and Col. Entry Bks., Vol. XXIX., 
pp. 158-160, and Vol. CV, pp. 152, 153.] 

[Nov. 10.] 475. Memorandum by the Bishop of London. That in Jamaica 
are 15 parishes, six churches, and three ministers. By an Act 
Si Jago is obliged to give 130?. per annum to support their 
minister, at Port Royal 200?. per annum, and every parish else in 
the island 100?. per annum. Proposes, being ordinary of the place, 
that, in case he sends ministers over, none without his license be 
received, and that those he sends over with licenses be not rejected 
without sufficient cause alleged, and that they admit their ministers 
to be of their vestries. In Blathwayt's hand. To be made part 
of the Governor's instructions. Endorsed, " Jan^ 1677. Mem. 
from my Lord Bishop of London when the Jamaica laws come on. 
Read and considered at the Committee 10 Nov. 1677." 

Journal of Lords of Trade and Plantations. In relation to the 
law for the maintenance of the ministry, all the particulars in the 
Bishop of London's Memorandum their Lordships think very 
necessary to be observed, and are of opinion they ought to make 
part of the Governor's instructions. [Col. Papers, Vol. XLI., 
No. 103, and Col. Entry Bks., Vol. XXIX., pp. 157, 158, and 
Vol. CV.,p. 151.] 

476. Memorandum. That the Lord Privy Seal is desired by the 
Lords of Trade and Plantations to represent to His Majesty that, 
having considered several laws made in Jamaica 6th September 
1677, their Lordships do not find any matter of moment not 
already contained in the laws which are now passing the Great 
Seal except an Act for confirmation of pious, charitable, and public 
gifts and grants, which, after some amendment their Lordships 
offer to His Majesty, may likewise pass under the Great Seal. 1 p. 
[Col, Papers, Vol. XLL, No. 104.] 

Nov. 10. 477. Minutes of the Council of Jamaica. Ordered that warrant 
be issued to the Treasurer for payment of 600?. sterling to the 
Commissioners for repairing Fort Charles and Fort James, and to 
Captain Charles Morgan, for what is due for contingencies of said 
forts, 153?. 13s., and what is due for repairing the King's House 
and what is due for reducing rebellious negroes, and to Major 



AMERICA AND WEST INDIES. 



177 



1677. 



Nov. 13. 

Whitehall. 



Nov. 14. 

Whitehall. 



Nov. 16. 

Whitehall. 



y S3072, 



Yeamans, Provost Marshal, 39. 2s. for the execution of several 
persons as per his account, also 80Z. each to the said Provost 
Marshal and to James Barclay, Clerk of the Council, for their 
attendance in the two last Assemblies, and to 'Nicholas Scarlet the 
money due to him according to the Act. Proclamation by the 
Governor on 25th October of the King's letter of 12th May last 
(see ante, No. 235) about the purchase of Blacks by the Spaniards. 
[Cot. Entry Bk., Vol. XXXV., pp. 639, 640.] 

478. Journal of Lords of Trade and Plantations. Debate 
whether the law against taking foreign commissions is fit to 
be laid aside because thereby the privateers would be terrified from 
coming in. Agreed to send the following question to King's 
Counsel ; Whether the King having made a treaty with any 
foreign Prince agreeing to punish such as by colour of commissions 
from enemies to his allies shall take arms against the King'.s peace 
and treaty proclaimed and spoil the King's allies be not levying 
war against the King and punishable by death, Or what crime it is 
and how punishable. [Col. Entry Bk. t Vol. CV., p. 154.] 

479. Order of the King in Council. That Thomas Earl of 
Danby, Lord High Treasurer, give directions for speedy payment, 
of 3,672?. 5s. 4c?. to George Wharton, Treasurer of the Ordnance, 
on account for furnishing and transportation of ordnance, arms, 
ammunition, and other stores and provisions of war for the 
re-supply of Jamaica, to complete those sent with Governor Lord 
Vaughan, 16th November 1674. Annexed, 

479. 1. Estimate of the charge of the above, signed by Jonas 
Moore and Edw. Sherburne, Office of the Ordnance, 1677, 
November 6th. " Rec. and Read in Council 13 Nov. Io77." 
2 pp. [Col, Entry Bk., Vol. XXIX., pp. 165-168 ; also 
Col. Papers, Vol. XLL, No. 105.] 

480. Order of the King in Council. Approving report of Lords 
of Trade and Plantations of the present state and government of 
Jamaica, and particularly such matters as they judge necessary to 
be recommended to the Earl of Carlisle, Governor of said island. 
As to the power and manner of enacting laws for the civil, military, 
and ecclesiastical Government that Lord Vaughan was empowered 
with advice of Council to summon assemblies to make laws to be 
in force two years unless His Majesty signified his pleasure to the 
contrary. Their Lordships observe that the effects produced by this 
authority receive daily increase by the resolutions of the Assembly 
which are less agreeable to His Majesty's intentions, and offer their 
opinion that the laws transmitted by Lord Vaughan may be 
entrusted to the Earl of Carlisle to offer to the next Assembly that 
they may be consented to as laws originally coming from your 
Majesty. And that in future no legislative Assembly be called 
without His Majesty's special directions, the Governor upon 
emergencies to acquaint His Majesty by letter with the necessity 
of calling such an Assembly, and pray for consent to their meeting 

X 



178 COLONIAL PAPERS. 

1677. 

and present at same time the Acts he thinks necessary. That the 
same method be made use of in legislative matters in Jamaica as in 
Ireland according to the form prescribed in Poyning's law, and that 
the present style of enacting laws By the Governor, Council, 
and Representatives be convened to, By the King's most excellent 
Majesty by and with the consent of the General Assembly. That no 
escheats, fines, forfeitures, or penalties be applied to the public use of 
the island but for support of the government. The style of laws 
for levying money arid raising a public revenue should be altered 
as recommended. That no minister be received in Jamaica without 
the Bishop of London's license, and no such license to be rejected 
without sufficient cause alleged and ministers to be admitted to 
their respective vestries. The Council to be named in the 
Governor's instructions and not in his commission, with power to 
suspend any Member without advice or consent of Council, and 
none suspended to be received into the General Assembly. That a 
mint be allowed in. Jamaica, or that bullion brought from thence be 
coined in England, all such coins to bear His Majesty's superscription 
and not to be imposed in payment elsewhere. And ordering that 
Secretary Coventry prepare a commission and instructions for His 
Majesty's signature according to the tenor of this report. [Col. 
Entry BL, Vol. XXIX., pp. 160-165.] 

Nov. 16. 481. Order of the King in Council. That the Lords of Trade 
Whitehall, and Plantations prepare the Draft of a Law for establishing a 
perpetual revenue in Jamaica for support of the government there 
agreeable to that transmitted from the island for His Majesty's 
approbation about two years ago. " Read 20 Nov. 1677." [Col. 
Papers, Vol. XLL, No. 100, and Col. Entry Bk, Vol. XXIX., 
pp. 168, 169.] 

;[Nov. 16.] 482. Petition of Abraham Langford, senior, to the King. That 
His Majesty grunted petitioner by patent on 8th May 1676 the 
place of Clerk of the Naval Office in Barbadoes with all perquisites 
and privileges, but Governor Atkins not only refused petitioner the 
place but detains one of the chiefest perquisites for warrants of 
arrest. Prays for His Majesty's letters to said Governor that said 
warrants of arrest may be restored to petitioner or his deputy. With 
reference from Secretary Coventry to the Lords of Trade to report 
what they think fit to be done in petitioner's behalf. Annexed, 
482. I. II. Certificates from Francis Tyrwhitt, William Bond, and 

Richard Payne, that these warrants of arrest always 

belonged to the Naval Officer as a perquisite. 3oth 

August and 1st September 1677. Endorsed: Rec. 

22 Nov. Mead 27 Nov. 1677. 
482. III. The King's Patent to Abraham Langford for the Naval 

Officer in Barbadoes. Westminster, 1676, 8th May. [Col. 

Papers, Vol. XLI., Nos. 107, 107 I., n. ; also Col. Entry 

Bk., Vol. VI., pp. 193-197.] 

Nov. 19. 483. Certificate of John Lord Berkeley. That he employed 
Mr. Culpeper to view the Virginia Papers and to take copies of 



AMERICA AND WEST INDIES. 179 

1677. 

such as most concerned his deceased brother which Berkeley desires 
he may continue to do. For Sir Thomas Doleman or any other 
Clerks of the Council in waiting. [Col. Papers, Vol. XLI., 
No. 108 ; also Col. Entry Bk., Vol. LXXX., p. 209.] 

Nov. 20. 484. The King to Governor Lord Vaughan. Some of the 
Whitehall. Ministers of His Majesty's Allies residing at Court have made com- 
plaint that ships of war are permitted to lie in the ports and harbours 
of His Majesty's colonies and islands abroad from whence they 
put to sea and make prize of vessels belonging to Nations in enmity 
with them but in amity with His Majesty, and having seized such 
vessels at sea presume to bring them into said ports and harbours 
to the great abuse of that freedom which His Majesty allows to his 
friends there. Thinks fit that a speedy and effectual remedy be 
applied. Therefore, if Governor Vaughan has cause to suspect any 
vessel of war putting into Jamaica with such intention, he suffer 
them not to remain much less to return with the vessels seized, and 
enable them to offend those in amity with His Majesty " than which 
nothing can be more opposite to that fair indifference and common 
justice which we profess and will maintain towards all our allies 
impartially." [Col Entry Bk., Vol. XCV., pp. 227, 228.] 

Nov. 20-29. 485. Journal of the Lords of Trade and Plantations. Their 
Whitehall. Lordships met in pursuance of an Order of the King in Council (see 
ante, No. 481) to prepare a law for establishing a perpetual revenue 
in Jamaica, for support of the government there, and proceeded 
to read an Act made by Sir Thomas Lynch in 1672 entitled An Act 
for raising a public revenue out of all strong liquors and other 
goods of the production of Foreign Plantations imported or to be 
imported into the Island of Jamaica, and for the disposal thereof 
which, if it had been approved by His Majesty, must have become 
perpetual ; after which is read an Act with the same title made by 
Lord Vaughan, wherein are several innovations derogatory to His 
Majesty's prerogative and authority there, all of which are specified, 
the first, instead of a Receiver of the revenues appointed by His 
Majesty's patent, the Act appoints a Collector. Then follow the 
opinions of their Lordships, that the preambles of both the said 
laws be joined together, as stated with other amendments and 
observations in " this new Act for raising money " as to naming the 
salaries of the Governor and other officers of the Government. 
Nov. 22. The Minutes of the last meeting read concerning the Act for 
raising a public revenue in Jamaica together with draft of a new 
law prepared, whereupon ordered that neither the officers enumerated 
in the former Acts nor their salaries be mentioned in this new law. 
The preamble. Both the Treasurer and Collector appointed to receive 
the duties raised by this Act are belonging to Thomas Martin by 
the King's patent of. 3rd April 1674. Sir Thomas Lynch and 
Captain Molesworth called in to give account of the present settle- 
ment of the revenue in Jamaica. Being withdrawn their Lordships 
signify their dislike of a Collector being appointed by the Act, and 
their opinion that no further use should be ma.de of a Collector or 

M 2 



180 COLONIAL PAPERS. 

1677. 

Treasurer in the island since His Majesty's Receiver is empowered 
to receive all manner of duties, therefore ordered that a new draft 
of a law be prepared. 

Nov. 29. On reading the law for raising a revenue in Jamaica their 
Lordships think fit it be sent to the Commissioners of the Customs 
for their opinions and remarks. Letter writ to Mr. Bertie (see 
No. 501). Letter read from Lord Vaughau of 30bh October 1676, 
concerning Deane the pirate, and the manner of proceeding against 
pirates for the future. Agreed to report that a standing Commission 
of Oyer and Terminer be sent to Jamaica, in which the chief resident 
officers are to be nominated, Mr. Attorney General to prepare a bill 
to this effect. [Col. Entry Bk., Vol. CV., pp. 155-162, 164, 165, 169.] 

Nov. 21. 486. Answer of King's Counsel to the qiiestion about pirates 
(see ante, 478.) This is not levying war against the King or by 
the law of the land punishable by death. It is a crime against His 
Majesty's Treaties of Peace and the Proclamations for their observ- 
ance. It is also an offence against the law of nations and by the 
civil law it is crimen Icesce majestatis, but by the law of England 
no more than a confederacy against His Majesty's Crown and Dignity 
and by the statute for the trial of piracy (28 H. 8, cap. 15.) 
punishable only by fine and imprisonment. And there is an offender 
in the Marshalsea who hath accordingly been so punished. Signed 
by Thomas Exton and Richard Lloyd. [Col. Entry Bk., Vol. CV., 
p. 155.] 

[Nov. 21.] 487. Petition of Henry West, a Planter of Virginia, now in 
England, in behalf of himself and brother, to the King. William 
West was seduced to accept a commission under the late rebel 
Bacon against the Indians who had inhumanly murdered petitioner's 
parents about thirty years since ; both brothers surrendered them- 
selves to Colonel Bridger on promise of pardon, but were tried by 
a Council of War, and William was sentenced to death, and Henry 
to be transported to England and to give bond to His Majesty to 
leave Virginia. Prays for leave to return to his family in Virginia 
and to be discharged of his bond, and for pardon for his brother 
William who made his escape out of prison, and is ready to take 
the oath of obedience and give security for his future good 
behaviour, as many other more notorious offenders have been 
admitted to do. Endorsed, " Read in Council Nov. 21, 1677." 
1 p. [Col P^ers, Vol. XLL, No. 109.] 

[Nov. 22.] 488. Petition of Thomas Sands of London, Merchant, to the 
King in Council. For leave to ship 580 hogsheads of tobacco 
from Virginia for England, free of the Virginia impost, in lieu of a 
like quantity upon which he paid the duty of 2s. per hogshead, but 
was taken by the Dutch. Endorsed, " Read 22 Nov. 77. Read in 
Council 23rd." 1 p. [Col. Papers, Vol. XLL, No. 110.] 

Nov. 23, 489. Petition of William Howard, a loyal subject of His 
Majesty, and a great sufferer by the late unhappy troubles there, 



AMERICA AND WEST INDIES. 



181 



1677. 

now in England, to the King. Has lived 41 years quietly in 
Virginia, and served as a volunteer under Sir William Berkeley 
against the Great Indian Emperor Appochaukonaugh, when he 
received several wounds. His great age prevented his serving in 
the time of the late rebellion, but he sent his only son well 
mounted and several of his ablest servants against the rebels, 
Some of Bacon's men were forcibly quartered at petitioner's house 
when Major Robert Beverley, with a party of 30 armed men, took 
them prisoners and plundered petitioner's house to the value of 
500Z. sterling. Is now come to England, and prays that his 
servants and goods, possessed by Beverley, may be restored to 
petitioner. Endorsed, "Read in Council Novr. 23 1677." I p. 
[Col Papers, Vol. XLL, No. 111.] 

[Nov. 24.] 490. The Earl of Carlisle to Sir Thomas Doleman. Pray do 
me the favour to send the map of Jamaica to me, and entrust it 
with the bearer. With receipt for the map, this 24th November 
by W. Delamain. [Col. Papers, Vol. XLL, No. 112.] 

[Nov. 24.] 491. Petition of Colonel Francis Moryson to the King. Has all 
his life served His Majesty, and particularly as one of His Majesty's 
late Commissioners in Virginia. Is now grown aged, and having 
as yet no other employment as the other Commissioners have prays 
that His Majesty will give such directions in the premises as in 
his princely wisdom shall be thought fit. [Col. Entry Bk., 
Vol. LXXXI., p. 272.] 



Nov. 24. 

Whitehall. 



Nov. 27. 

Whitehall. 



492. Order of the King in Council upon above petition of Colonel 
Moryson. His Majesty looking upon the service of the petitioner 
to be no way inferior to that of the other two Commissioners for 
Virginia who had, to wit, Colonel Jeffreys, command of a company 
of foot, and Sir John Berry of a man-of-war, His Majesty is pleased 
to make up petitioner's allowance equal to the best of said two Com- 
missioners, and to refer it to Lord Treasurer Danby to adjust the 
same accordingly, and to report how it may be best effected. 
[Col. Entry Bk., Vol. LXXXI., pp. 273, 274.] " 

493. Journal of Lords of Trade and Plantations, Letter from 
Sir Jonathan Atkins of 6th September last read, transmitting a 
manuscript book, containing 23 laws enacted in Barbadoes since his 
arrival in that Government, together with list of the Council and 
artillery, &c. Whereupon ordered that letter be written acknow- 
ledging receipt of his former letters, and directing him to send with 
speed all laws in force in Barbadoes, with reasons for making them, 
and all other laws that have been abrogated. Petition of Abraham 
Langford read, complaining that the perquisites of issuing out 
warrants of arrest in Barbadoes are refused him by Governor 
Atkins, notwithstanding His Majesty's patent of 8th May 1674, 
granting him the office of Clerk of the Navy. Ordered that report 
be prepared, with their Lordships' opinion, that Governor Atkins 
admit petitioner to the execution of this perquisite, unless he can 



182 



COLONIAL PAPERS, 



1677, 



Nov. 27. 

Whitehall, 



Nov. 27. 

Whitehall. 



Nov. 28. 

Whitehall. 



Nov. 28. 

Whitehall. 



Nov. 28. 

Barbadoes. 



give cause for the contrary, in which case he is to secure the 
benefit arising thereby to petitioner if His Majesty shall adjudge 
the right to belong to him. [Col Entry Bk, Vol. GV., pp. 1C7, 
168.] 

494. The Secretary to the Lords of Trade and Plantations to 
Governor Sir Jonathan Atkins. Acknowledges receipt of his 
several letters and a manuscript book containing twenty-two laws 
enacted since his arrival, but their Lordships observing many Acts 
said to be re-enacted and explained which do not appear in the 
volume, earnestly desire him to furnish them by the next conveyance, 
not only all Acts that are now in force in Barbadoes, but all other 
Acts that at any time were in force there. Also to inform their 
Lordships of the reasons which he says make them inevitably 
necessary for the safety and government of the island. [Col. Entry 
Bk, Vol. VI., pp. 192,103.] 

495. Report of the Lords of Trade and Plantations to the King. 
On the petition of Abraham Langford concerning the perquisites 
belonging to his place of Naval Officer for warrants of arrest in 
accordance with their Lordships' order in preceding abstract. [CoL 
Papers, Vol. XLI., No. 113.] 

496. The King and Council to the Master of the Ordnance. To 
cause to be delivered to the Earl of Carlisle, whom His Majesty 
hath constituted Governor of Jamaica, the several stores and 
provisions of war in the estimate (see ante, No. 479 I.) mentioned 
to be transported to said island for His Majesty's service. [Col. 
Entry Bk, Vol. XXIX., pp. 175, 176.] 

497. Order of the King in Council. That the ship Mary 
designed for trade within the limits of the Royal African Com- 
pany's Charter, in contempt of His Majesty's Proclamation, be 
stayed by the Commissioners of Customs, and the master summoned 
before Council, and that in the intervals of Council the Lord 
Treasurer be authorized to stay all interlopers on request of said 
Company. [Col. Entry Bk, Vol. I., p. 79.] 

498. Governor Sir Jonathan Atkins to Lords of Trade and 
Plantations. As to the complaints made to him of injuries done by 
the French to English ships, he sent the King's frigate to the 
Governor of Martinique and received a very civil and satisfactory 
answer from Mons. St. Marthe which Governor Atkins recapitulates. 
Advice by a ship from Madeira of a French fleet not far from that 
island of ten men-of-war and three fire ships, besides victuallers, in 
all 18 sail, and the next morning from the Leeward Isles of the 
same fleet which came up close to that part of Barbadoes where we 
are now building. Gave orders to all the regiments in the island 
" to draw to their colours." At eleven o'clock at night had advice 
from Colonel Lambert that Count d'Estre'es had sent a gentleman 
ashore to speak with the Governor, who said the Count's reason for 



AMERICA AND WEST INDIES, 183 

1677. 

coming so near the island was, that he had appointed four frigates 
to meet him there, and that the firm friendship between their 
masters might take from us all suspicion of each other. Had sent 
His Majesty's frigate to M. d'Estrees to compliment him, but she 
was mistaken for a merchant " an ordinary error that always hath 
attended that frigate the Constant Warwick." The Lieutenant of 
the French fleet went away well satisfied with the civility he had 
received, and something of admiration to see so great a strength of 
Horse and Foot in so small an island, so " you may see the Barbadoes 
is not neglected." Further intelligence from the Leeward Isles of 
a frigate taking in planters and soldier's from St. Christopher's. 
The Fiench fleet sailed direct for Tobago to block the Dutch out 
or force them to come out and fight. The complaints of the Royal 
Company of Africa concerning interlopers are no small scandal to 
him. Account of an action that hath happened which " cleared the 
whole point," by a vessel being brought in by His Majesty's frigate 
and the case publicly heard in the Court of Admiralty where the 
Governor presided, and the right of the African Company was fully 
asserted, which gave satisfaction to the whole Assembly, insomuch 
that Mr. Sharpe who otherwise is a very honest man, very popular 
arid ingenuous, did before them all acknowledge he had been 
deceived and was sorry for what he had done, and that he would 
never more act in it, so hopes that uncertain trade will be given 
over. Explains ts two necessary but unusual acts " concerning the 
estates of Thomas Middleton and one Plmnley. " Rec. 10 Jan. 
1677." 4 pp. [Col. Papers, Vol. XLI., No. 114 ; and Col Entry 
Bk., Vol. VI., pp. 210-218.] 

Nov. 29. 499. Mem. That the Lord Privy Seal is desired by the Lords 
of Trade and Plantations to report to His Majesty in Council that 
the Lord Culpeper humbly prays that his commission and instruc- 
tions as Governor of Virginia may be taken into consideration in 
order to his despatch. [Col. Entry Bk, Vol. LXXX., p. 229.] 

Nov. 29. 500. Mem. The Lord Privy Seal is desired by the Lords of 
Whitehall. Trade and Plantations to move His Majesty that a standing 
commission of Oyer and Terminer for trial of pirates in Jamaica be 
granted without term, wherein the chief resident officers may be 
named and Mr. Attorney General to prepare a Bill to this effect. 
[Col. Papers, Vol. XLI., No. 115, and Col. Entry Bk., Vol. XXIX., 
p. 170.] 

Nov. 29. 501. Sir Philip Lloyd to Mr. Bertie. Encloses by order of the 
Lords of Trade and Plantations draft of a law they have 
prepared for raising a revenue in Jamaica, which the Earl of 
Carlisle on his arrival is to offer to the Assembly for their consent, 
and upon which their Lordships wish to receive the opinion of the 
Commissioners of the Customs. [Col. Entry file., Vol. XXIX., 
pp. 169, 170.] 

Nov. 502. " A short account of the General Concerns of New York 

from October 1074 to November 1677." Settlement of New York 



COLONIAL PAPERS. 

1677, 

in 1674, demand made in May 1675 to Connecticut of that part oi 
His Royal Higlmess's Colony in their possession, journey to 
Delaware to settle things particularly as to New Jersey Indians, of 
which great apprehensions composed by their submission, observed 
by them since d.uring all the troublesome war ; news of Indian 
troubles eastward in June following, Governor sent an express to 
Hartford and repaired with a force to the mouth of Connecticut 
river, as the " properest " place to advise and act, but supply was 
refused and after four days' waiting a severe protest made against 
his coming ; went over without delay to Long Island, sent ammu- 
nition and arms to Mar tin's Vineyard and Nantuckett, proceeded by 
land through Long Island to New York, to satisfy the great jealousy 
of their neighbours, disarmed all their Indians and saw all the 
militia ; sent for all the neighbouring Sachems who renewed their 
submissions and engagements, went in August up Hudsons' River 
to Esopus and Albany and most warlike Indians near a 
hundred miles beyond and associates about 400 miles further 
submitted in an extraordinary manner with reiterated promises ; 
returned to New York, sent his first Lieutenant with recruits to 
command at Albany ; on the notice of the Indians in war coming 
more westward, prohibited the sale of powder on penalty of 101. for 
each lb., or corporal punishment extending to life, sent unasked 
six barrels of powder and some match to Rhode Island which they 
thankfully accepted and lent part to New England. Sent two 
gentlemen to Boston to complain of the aspersion in the Massa- 
chusetts Declaration, published in the beginning of the winter, that 
the Indians were supplied with powder at Albany, demanding that it 
might be made to appear or the false informer punished. In Novem- 
ber and December Philip and the Indians to about 1,000 went up 
into the country and came within 40 miles of Albany, the Governor 
immediately ordered his remove and sent an express to Connecticut 
desiring leave to pursue the enemy into their parts, which being 
refused and the river opening unexpected, the beginning of February 
1676, took the first opportunity to go up with an additional force 
and six sloops, and found at Albany 300 Maquaes returned from 
the pursuit of Philip and a party of 500 with him, whom they had 
beaten, having some prisoners and the crown or hair and skin of 
others whom they had killed ; erected a new stockadoed fort with 
four bastions to command Albany, sent an officer through the woods 
to demand Christian captives and command all strange Indians out 
of the government, the officer met with five nations together, about 
f(ive) hundred in arms, which readily obeyed ; erected small forts in 
all the towns and villages for the retreats of women and children. 
In the spring and beginning of summer 1676, the Indians having 
committed great ravages in all parts, Connecticut sent two com- 
missioners pretending full powers, though none but the Governor 
assured them he would not be wanting and offered either to procure 
them an honourable peace or to assist them in war and to forbear 
claims of territory for the present, but had no answer, however 
continued to keep down all Indians in war with them from the 
inland country. The Eastern Indians about Kennebec prevailing 



AMERICA AND WEST INDIES. 185 

1677. 

mucli and driving all Christians from the fishing islands and 
continent, the Governor sent a sloop to Boston and Piscataqua 
offering free passage to any driven from His Royal Highness' 
territories at Pemaquid, of which he gave notice to the Massachusetts, 
but they were by them prohibited to come to New York. In Jnne 
1G77 the Eastern parts being deserted by the Indians and neglected 
by Boston, the Governor sent to take possession of Pemaquid in 
His Royal Highness' right, giving notice to the Massachusetts, 
immediately the Massachusetts press vessel and about 120 men to 
send that way and proclaim a day of prayer in print, which forces 
attacked the Indians at Black Point but lost about 60 men, so 
Major Clarke went on to Pemaquid, and finding His Royal 
Highness' forces already in possession made only some questions 
and so returned. A few days afterwards some Indians came in and 
offered submission but not to include Massachusetts, which not 
being accepted they went away but in a few days returned and in 
less than a month submitted to include Boston and all His Majesty's 
subjects, submitting (as they said) to Providence, and brought in 
prisoners. Port at Pemaquid a wooden redoubt, victualled for eight 
months, the charge with that of a sloop has been very great. 
Colonel Coursey, Ambassador from Maryland to the Indians, and 
the Governor both received satisfactory assurances from the Indians. 
On November 16th, after taking the advice of the Council and the 
Country being quiet, the Governor started from New York and 
sailed the next day. Endorsed " Rec d from Sir E. Andros, March 
1.678." 4 pp. Printed in New York Documents III. 254-257. 
[Col. Papers, Vol. XLL, No. 116.] 

Nov. 503. Petition of Rowland Simpson, Merchant [late a planter in 

Surinam], to the King and Privy Council. Recites former petitions 
(see previous volume of Calendar, No. 1018 and enclosures) 
concerning the seizure of the Golden Lion laden with sugar, the 
produce of his plantation in Surinam, by a French privateer the 
Golden Fleece, Bernardo Lemoyne, Commander, who by force carried 
petitioner's ship and sugars from Milford Haven into France and 
His Majesty's recommendation of his case to Lord Lockhart, 
Ambassador in France, that petitioner hath used all means and 
pursued all the methods required either by law or treaty to obtain 
satisfaction, all which have been fully reported to His Majesty by 
the Lords of Trade arid Plantations, but has been unable to obtain 
reparation. Prays for letters of reprisal or marque the only 
means now left for his redress. Signed by petitioner. Annexed, 

503. I. The Case of Rowland Simpson, a planter in Surinam, 
He had according to the 5th Article of the last Treaty with 
the Dutch to move from thence into England and to that 
end sold his plantation and shipped 309 hogsheads of 
sugar aboard the Golden Lion. Having no other way to 
get to England but by way of Holland, said ship on her 
course to Amsterdam was taken by a French Privateer. 
Recapitulates all his proceedings to obtain reparation as 
set forth in his several petitions and prays for letters of 



186 



COLONIAL PAPEES. 



1C77. 



Dec. 3. 

Falmouth, 

Antigua. 



Dec. 4. 

Whitehall. 



reprisal which Simpson is advised he has the right to 
have granted by the Law of Nations and the articles of 
peace aforsaid. 

503. if. Memorial of the English ambassador in Paris, Edward Lord 
Montagu, to the King of France, referred to in Simpson's 
petition. Paris 1677, July 26. [Col. Papers, Vol. XLI., 
Nos. 117, 117 L, ii.] Also, 

Journal of Lords of Trade and Plantations. Petition of 
Rowland Simpson with several papers read. Mr. Bris- 
bance acquaints their Lordships that upon instance made 
by him for satisfaction in France he could get no other 
answer than that the parties might have a revision of the 
sentence of condemnation in France, and that when it 
was demanded that the value of petitioner's goods should 
be deposited in the Admiralty of England they absolutely 
refused. After a very long debate upon the whole matter 
it was thought fit to propose to Sir Thomas Exton and 
Sir Richard Lloyd (Judges of the Admiralty) certain 
questions as to whether the obstruction given to the 
remedy petitioner might have had if tried while his goods 
were in England be subject for letters of reprisal. The 
letter to the Judges of the Admiralty. [Col, Entry Bk., 
Vol. CV., pp. 209-210, 215-216.] 

504. Journal of the Council and Assembly of Antigua. Present : 
Lieutenant-Colonel Rowland Williams, Captains Jeremiah Watkins, 
Paul Lee, John Cade, Richard Ayres, and Samuel Jones, and John 
Parry, Esq. Of the Assembly, Major Richard Boraston, Speaker, 
Major Thomas Malett, Lieutenant Daniel Mitchell, Ensign Francis 
Carlisle, and Samuel Irish. Upon Colonel Philip Warner laying 
down his Commission, His Excellency proposed the election of 
Lieutenant-Colonel Williams to the Council and Assembly, who 
concurring, desired his acceptance of the Government but received 
an utter denial, whereupon His Excellency empowered the two 
Judges, Captains Paul Lee and Jeremiah Watkins, to preside, each 
in his precinct, and at the end of a year to dissolve the Assembly 
and issue writs for a new one. [Col. Papers, Vol. XXV., No. 55*.] 

505. Journal of Lords of Trade and Plantations. Consideration 
of the business of Virginia as referred to their Lordships by Orders 
of 6th and 17th July last (see ante, Nos. 318, 336.) Lord Berkeley 
moves that the narrative of the late rebellion in Virginia presented 
by His Majesty's Commissioners ba read (see ante, No. 432). 
Lord Culpeper, the Commissioners, and Colonel Culpeper called in, 
when said papers are read, and Lord Berkeley presents an answer 
to the objections against Sir William Berkeley signed by Colonel 
Culpeper which is also read. Sir John Berry and Colonel Moryson 
declare their narrative to be a faithful and impartial account of 
things and assure their Lordships they never had any design to 
diminish the credit of Sir William Berkeley. All being withdrawn 
the Minutes of 2nd August last (see ante, A r o, 377) are read, and it 



AMERICA AND WEST INDIES. 



187 



1677. 



Dec. 4. 



Dec. 5. 

Whitehall. 



Dec. 5. 

Whitehall. 



Dec. 6. 

Whitehall. 



is inquired by what Order this answer in favour of Sir William 
Berkeley is brought before them ; agreed to desire His Majesty's 
directions how to proceed. Being informed by Lord Berkeley that 
Major Robert Bristow recommended by the Commissioners for his 
loyalty and sufferings in the late rebellion had taken the oath of 
fidelit}^ to Bacon, Sir John Berry declares that the character given 
of Bristow was from Sir William Berkeley's own mouth, who said 
Bristow was a great sufferer and had been kept prisoner by the 
rebels until Bacon's death, and Colonel Moryson could bear witness. 
Colonel Culpeper's request to alter some expressions in the paper 
signed by him in justification of Sir William Berkeley not 
permitted. Agreed to move His Majesty for directions for the 
dispatch of Lord Culpeper and the consideration of his Commission 
and Instructions. 3 pp. [Gol. Papers, Vol. XLI. y No. 118, and 
Col. Entry Bk., Vol. GV., pp. 170-172.] 

506. An answer to the objections against Sir William Berkeley 
in justification of his proceedings. Signed by Alexander Culpeper. 
The last paragraph is as follows : All these things considered, Sir 
William Berkeley had great reason to differ from the opinion of 
the learned Lord Coke mentioned by the Commissioners, and to 
appeal to His Majesty and most honourable Privy Council and the 
learned Judges of the law who it is hoped will find cause to justify 
Sir William Berkeley's proceedings, which, when the case shall be 
clearer stated and better understood that yet it is, will be found 
to have been entirely for the good of the Colony and His Majesty's 
service though to his own loss and ruin. [Col. Papers, Vol. XLI., 
No. 119, and Col Entry Bk., Vol. IX XX., pp. 230-239.] 

507. Order of the King in Council. That Mr. Secretary Coventry 
move His Majesty for his directions about preparing the instructions 
and other necessary despatches for John Lord Culpeper as His 
Majesty's Governor of Virginia. [Col. Entry Bk., Vol. LXXX., 
p. 230.] 

508. Order of the King in Council. That Sir William Jones, 
Attorney- General, prepare draft of a Commission of Oyer and 
Terminer, as desired by the Lords of Trade, for trial of pirates 
in Jamaica, see ante, No. 500. [Col. Entry Bk., Vol. XXIX., 
p. 171.] 

509. Order of the Lords of Trade and Plantations. Upon 
reading a particular account delivered by His Majesty's late Com- 
missioners for the affairs of Virginia, directing Sir John Berry and 
Colonel Moryson to give in a list of the Council in Virginia, 
some of whom are described as rash, fiery, &c., without naming 
any other than Colonel Ballard, together with a particular character 
of each member ; that, according to the 9th Article of their 
Instructions, they examine the laws of Virginia, and return their 
opinions how far they find them consistent with His Majesty's 
authority and the welfare of his Colony, and what they find 
inconvenient and fit to be altered or discontinued. 2pp. [Col, 



188 



COLONIAL PAPERS. 



1677. 



Dec. 6. 

Council 
Chamber. 



Dec. 6. 

Whitehall. 



Papers, Vol. XLL, No. 120, and Col. Entry Bk, Vol. IX XX., 
pp. 209, 210.] 

510. Sir John Berry and Colonel Francis Moryson, late Com- 
niisioners for the affairs of Virginia, to the Lords of Trade and 
Plantations. Present a list of the Council of that Colony, with 
characters of those who may be thought most fit for His Majesty's 
ser/vice at this present juncture. To the names of Sir Henry 
Chicheley, Thomas Ludwell, Colonel Thomas Swann, Colonel 
Nathaniel Bacon, Colonel Robert Smith, Colonel William Cole, 
Colonel Richard Spencer, Colonel Daniel Parks, Colonel Rowland 
Place, Captain Ralph Wormeley, Colonel Augustine Warner, Major 
Richard Lee, and Major-General John Custis, the word " STET " 
has been afterwards added (by William Blathwayt ?) ; to those 
of Major Robert Beverley and Colonel Edward Hill the words 
PUTT OUT ;" to Colonel Francis Willis, " not now in the country," 
the words "to be inquired of;" to Colonel Thomas Ballard and 
James Bray, " discont. " [inue ?] ; Colonel Thomas Bridger, " Qu. ;" 
Colonel Philip Ludwell, " determine." Opinion upon the Acts of 
Oblivion and Attainder, and as to taking into deliberate con- 
sideration the laws of Virginia, " a work of time and difficulty," 
requiring the assistance of some learned Counsel to advise with. 
5 pp. [Col Papers, Vol. XLL, No. 121.] 

511. Memorandum that the Lords of Trade and Plantations 
desire the Lord Privy Seal to report to the King in Council that 
there is lying before them an answer to objections against Sir 
William Berkeley in justification of his proceedings (see ante, 
No. 506), upon which they desire His Majesty's directions, as also 
in relation to the return the late Commissioners of Virginia, who 
have been long attending His Majesty's commands, have made of 
their commission. Endorsed, " Read in Council Dec 7. 1677." 

Also Mem. In consideration whereof it was ordered in Council 
that no further notice should be taken of the aforesaid papers, and 
the same day His Majesty was pleased to dismiss the Commissioners 
from further attendance. [Col. Papers, Vol. XLI., No. 122, and 
Col Entry Bk., Vol. LXXX., p. 240.] 

512. Journal of the Lords of Trade and Plantations. A list of 
the business of Virginia depending at the Committee read. Answer 
of the Commissioners presented to His Majesty in reference to their 
instructions ; remarks ; Sir William Berkeley's refusal to inform 
the Commissioners on certain heads ; the grievances in relation to 
the great sahries paid to the Assembly redressed ; the characters 
of some of the Council, Colonel Ballard, as rash and fiery, to be 
excluded the Council, and Colonel Swann continued ; Bray and 
Colonel Philip Ludwell also rash and fiery men ; a list of the 
Council to be prepared by the Commissioners that His Majesty 
may distinguish who are fit to be continued and who to be excluded. 
As to the 9th Instruction requiring the Commissioners to return 
copies of all laws in force in Virginia, the Commissioners declare 
that Sir William Berkeley did not observe the directions of 14th 



AMERICA AND WEST INDIES. 189 

1677. 

April 1676 as to certain heads of inquiry annexed. Inventory of 
delinquents' estates delivered to their Lordships ; agreed to recom- 
mend that the gentlemen be rewarded for their labour therein. 
The case of Hunt recommended by the Commissioners as very hard 
and severe ; he was never in arms and died before Bacon, yet his 
estate confiscated. Refusal of Berkeley to receive His Majesty's 
Commissioners into his house ; Colonel Swann to be recommended 
to Colonel Jeffreys for some reward for his kindness and expense 
in doing so. The narrative of the Commissioners of the rise, 
progress, and cessation of the late rebellion read ; the observations 
of their Lordships thereon as to the occasions oi the troubles for 
which Sir William Berkeley is greatly blamed in disowning the 
expedition of Brent and Mason, in the small care that was taken 
to subdue the Indians, his private trade with them, his sudden 
motion to pardon Bacon when he was taken prisoner and admitting 
him again of the Council ; his conduct to Gardner who took Bacon 
prisoner ; and how he might have prevented Bacon having his (the 
Governor's) commission against the Indians. A brother to the 
Queen of Wianoke taken prisoner by Bacon and brought to England 
by Colonel Culpeper, Administrator to Berkeley at Kent in Lord 
Culpeper's house. Agreed to report in Council for some con- 
sideration to Sir John Berry and Colonel Moryson for their 
attendance on His Majesty's commands since the return of their 
commission. 7 pp. [Col. Entry Bk., Vol. CV., pp. 1 73-179.] 

[Dec. 6.] 513. Inventories of Delinquents' Estates in Virginia, prefixed by a 
list of debts claimed by divers persons out of said estates. The first 
name is William Sherwood (see his petitions ante, Nos. 329, 330). 
With Mem. signed by Sir John Berry and Francis Moryson, that on 
His Majesty's determination concerning the disposal of said estates 
herein set down, Lieutenant-Colonel George Jordan and Major 
Theophilus Hone, employed by His Majesty's Commissioners to 
report what estates have been seized as forfeited to His Majesty, 
they may be considered out of the said estates for their great 
trouble. The following are the names of the persons whose estates 
are " inventoried " : William Hunt, Giles Bland, Robert Jones, 
Colonel James Crewe, Nathaniel Bacon, William Cookson, William 
Dawson, John Greene, John Hes, Captain William Carver, William 
Rookings, Thomas Hall, Thomas Willforde, Anthony Arnold, Henry 
Page, Thomas Hunsfordc, Thomas Whally, Edmund Cheeseman, 
John Whitson, William Scarborough, William West, Robert Stokes, 
John Younge, John Turner, Richard Farmer, and Richard Pomfrey, 
there executed but had no estate, not so much as to pay for a 
shroud to bury them. [Col. Entry Bk., Vol. LXXXI., pp. 429- 
495.] 

[Dec. 6.] 514. A. true Narrative of the rise, progress, and cessation of 
the late Rebellion in Virginia, most humbly and impartially 
reported by His Majesty's Commissioners appointed to inquire into 
the affairs of the said Colony. This is a beautifully written manu- 
script by Samuel Wiseman (Clerk to the Commissioners), of thirty- 



190 COLONIAL PAPERS. 

1677. 

five pages, signed by Sir John Berry and Colonel Francis Morysqn, 
prefixed by a rough drawing of the siege of an Indian fort by the 
Virginians and Mary landers, collected " from a strict inquiry, 
observation, examination, and the most probable impartial reports 
by us made and received during our stay upon the place," see 
ante, No. 433, " The Heads of such papers, 2." [Col. Entry Bk., 
Vol. LXXXI.,pp. 369-405.] 

[Dec. 7.] 515. Petition of Wolfgang Howser, Attorney of Henry Howser 
and James Zellar, His Majesty's Chaplains in Jamaica, to the King 
and Council. That said Chaplains were chosen in 1663 by the 
Bishop of London, who promised each 100/. a year, until a stop 
was made by the Lords of the Treasury, and, notwithstanding His 
Majesty's recommendation to the Bishop of London to pay the 
100. in arrear, he refuses to do so. Prays for His Majesty's order 
to said Bishop to pay the same, and also to consider a letter from 
His Majesty's chaplains in Jamaica, which declares the island, in 
regard of its great poverty, is nob able to allow maintenance for the 
four Chaplains resident there. "Read in Council 7 Dec. 1677." 
[Col. Papers, Vol. XLL, No. 123.] 

Deo. 11. 516. Journal of the LorJs of Trade and Plantations. In refer- 
Whitehail. e nce to the Commissioners' account of the condition of Virginia 
and of their transactions during their stay there, with their opinion 
what means will best conduce to the firm grounding and securing 
the future peace thereof (which is read), and on Lord Berkeley's 
remarks on the unusual manner in which they made their inquiries 
into the state and grievances of the country, seeing Sir William 
Berkeley refused to give them any account of the state of matters, 
their Lordships " seem to remain satisfied with the proceedings of 
the Commissioners in this regard." Lord Culpeper arid Colonel 
Morysou culled in the laws lately made in Virginia for pardoning, 
attainting, and punishing offenders ; considered also Berkeley's 
proclamation in contradiction to that of His Majesty for pardoning 
all except Bacon. Agreed that the Governor, Council, and Assembly 
have too far extended their authority and privilege in enacting 
them; against justice itself, particularly in the case of Hunt. 
Agreed to report to His Majesty their advice that all laws made 
contrary to the powers residing in the Government of Virginia or 
in derogation to His Majesty's Proclamation be disanulled, and 
other laws sent to Virginia more agreeable to His Majesty's justice 
and honour. How far His Majesty will extend his mercy toward 
the several degrees of offenders in Virginia is left to His Majesty's 
determination. [Col. Entry Bk, Vol. CV., pp. 180, 181.] 

Dec. 11-13. 517. Journal of Assembly of Barbadoes. Ordered that 
200,000 Ibs. of muscovado sugar be presented to the Governor for 
his better support in the government of this island. 

Dec. 12. Election of John Hallett as Treasurer, vice Colonel William 
Bate, and Captain John Johnson, Comptroller of the duty of 
excise. Acts for laying an imposition on wines and other liquors 
imported, and to enable Colonel William Bate to receive the debts 



AMERICA AND WEST INDIES. 191 

1677. 

by him contracted for the excise passed. Ordered that the 
Treasurer put on board ship so much of the public sugars as may 
reasonably be computed to make in England 1,500?. sterling for 
payment of 1,200 firelocks arid 200 carbines with cartouch boxes, 
&c. Ordered, that if any member of this House shall hereafter 
discover or divulge any of the arguments of any particular members 
in the House to the prejudice of any of them he shall be expelled 
the House. Ordered on petition of Captain Thomas Morris and 
Thomas Beresford, merchant, that the duty on eighteen pipes [of 
wine] be remitted. John Forbes chosen Marshal on decease of Joseph 
Withers. Act passed to explain a branch of a former Act for 
ordering and governing of negroes. Ordered that the members 
bring in a true list of arrears and taxes in the several parishes 
they represent, and that the beginning of this crop they make 
speedy prosecution against the several persons in arrears. This to 
be published in all parish churches two Sundays before the next 
sitting. Motion to the Governor to order the Commissioners for 
the several precincts to take account of the carriages, ammunition, 
and other necessaries wanting in the forts, and report the same at 
the next sitting of the Assembly. That the manner of giving and 
setting forward an alarm be ascertained, and the forces of the 
country upon such occasion appointed at such posts as formerly, 
and not at their usual rendezvous, for the better preventing any 
sudden surprisal wherein our danger chiefly consists ; that the 
Colonels may have power to take provision for the poor people upon 
alarm, to maintain them at their posts, setting reasonable rates 
thereon, and drawing on the public for satisfaction. That good 
part of the magazine may be distributed to the care of the field 
officers to be kept near the several posts, and to draw upon the 
Treasurer for any charge of building for securing same. That said 
Commissioners take a view of the breast works, and report what 
are in want of repair and where new ones will be convenient, also 
upon the best way of preserving the great guns and carriages from 
decay. That a thousand spades be distributed for the use of the 
several breastworks. That said Commissioners be desired to cause 
wood and trees prejudicial to the breastworks to be cut or in 
default to appoint other persons who may take said wood for their 
pains. 

Dec. 13. Petition drawn by order of the House to the King. In relation 
to their Speaker, Colonel William Sharpe, being sent for to England 
upon a complaint to His Majesty and Council, who made an order 
commanding the Governor to send over Colonel Sharpe. That 
petitioners are much afflicted at His Majesty's displeasure, but 
humbly presume to lay before His Majesty that those inhabiting 
this extreme part of his dominions have been settled by the King's 
Commission and his laws, and hitherto at all times offenders have 
by virtue of them been duly punished. That if removed from 
their estates and families upon any suggestion or accusation they 
are as inevitably ruined though innocent as they would be if 
guilty. Pray His Majesty to take away those fears, and by some 
gracious expression to confirm them, that they shall not be removed 



192 



COLONIAL PAPERS. 



1677. 



Dec. 12. 

Whitehall. 



[Dec. 12.] 



Dec. 13. 

Whitehall. 



from their houses and families upon the pretence of any crime 
before they are first heard in this place. Resolved unanimously 
that this petition be sent to England. Acts to continue the Act of 
the Militia of this island, and to prevent the clipping, washing, or 
impairing of the Spanish money here current, passed. Voted that 
the Treasurer and Comptroller of the Excise do not give security. 
Ordered that the Treasurer pay to John Higinbotham, Clerk of the 
Assembly, and to Mary, widow of John Withers, late Marshal, 
their respective salaries in sugars. John Forbes took the usual 
oath as Marshal to the Assembly. Adjourned to 22nd January 
1678. [Col. Entry Bk., Vol. XIII., pp. 282-268.] 

518. Order of the King in Council. Permitting the ship Mary 
to proceed, on securities of 500?. each, given by Lionel Craft and 
Henry Ramsey, two of the proprietors. That she shall not touch 
at Guinea or any part of Africa to the prejudice of the Royal 
African Company. [Col. Entry Bk., Vol. /., p. 80.] 

519. Petition of Thomas Gardner, late Commander of the ship 
Adam and Eve, of London, to the King. That by command of 
Sir William Berkeley he seized the late rebel Bacon, with forty 
armed men in a sloop, in James River, and delivered them, all 
prisoners, to the Governor at James Town. That he was soon 
after committed to prison by the then Assembly till he should pay 
seventy pounds for the loss of Bacon's sloop. That after the 
Governor's return from Accomack, and until the arrival of His 
Majesty's Commissioners he attended to said Governor's orders. 
Pi ays for satisfaction for his services. Endorsed, (< Read in Council 
Dec. 12 77." Annexed, 

519. I. Certificate signed by Sir John Berry and Colonel 
Francis Moryson in favour of Captain Thomas Gardner, 
that his ship was a receptacle for the loyal party, and a 
jail for the late rebels, and is now taken from him by 
reason of the neglect and losses occasioned by his 
attending the Governor's orders. Endorsed, " Read. 
18 Dec, 1677." 

519. II. Order of the Assembly of Virginia. That for violating 
the privilege of a burgess in the person of Nathaniel 
Bacon, and for damages about a sloop, and the loss of 
arms, Captain Thomas Gardner pay to the said Bacon 
7QL, and crave Bacon's pardon, 24 June 1676. 

519. III. Order of the King in Council. On petition of Captain 

Thomas Gardner, referring same to Lords of Trade and 
Plantations, to examine the petitioner's case, and report 
how he may be satisfied for the great hardships and 
charge of his imprisonment by order of the Assembly of 
Virginia. Whitehall, 1677, Dec. 12. Together, 5 papers. 
[Col. Papers, Vol. XLL, Nos. 124. 124 L, n., in. ; and 
Col. Entry Bk., Vol. LXXX., pp. 215-22-2.] 

520. Journal of the Lords of Trade and Plantations. A Report 
to His Majesty about the laws of Virginia read and approved. A 



AMERICA AND WEST INDIES. 103 

1677, 1 

repertory of Grievances presented to the late Commissioners of 
Virginia by the people there is read in part. Opinions of their 
Lordships on several of the Articles. [Col. Entry BJc., Vol. GV., 
pp. 182-184.] 

{Dec. 14. 521. Commissioners of the Customs to the Lord Treasurer. 
Custom House, Have considered the draft of an Act for raising money in 
on> Jamaica for support of that government, and offer their opinions 
on the proposal to lay duties on sugar, tobacco, indigo, ginger, rum, 
and cocoa, which they suppose are rather intended for preventing 
their importation than out of any expectation of raising a revenue, 
also as to spirits, beer, cider, mum, and metheglin, which last and 
spirits are mostly of the manufacture of this kingdom. Do not 
find that anything is charged upon rum or other strong waters of 
the manufacture of the Island. Concerning the difference made 
between free ships and foreign ships and other details in con 
nection with said Act. Signed by Sir Richard Temple, Sir George 
Downing, and five others. "Rec d from M r Brent 31 Dec. 1677." 
2 pp. [Cot Papers, Vol. XL I., No. 126 ; and Col. Entry Bk t 
Vol. XXIX., pp. 172-175.] 

Dec. 18. 522. Journal of the Lords of Trade and Plantations. In 
Whitehall, reference to the eighth grievance of Northampton County, Virginia, 
their Lordships think fit that the Courts of Judicature be not 
adjourned so often as is complained of without sufficient cause, and 
that the Governor be directed to regulate this abuse. Letter signed 
to Colonel Jeffreys, Governor of Virginia, requiring of him an 
account of the affairs of Virginia since his arrival there, and 
transmitting several heads of inquiry relating to the present state 
of the country. 

Their Lordships receive several laws of Jamaica enacted 9th 
April 1677, which they will consider at their next meeting. 

Lord Baltimore attends as ordered in relation to the corre- 
spondence in Maryland with the Indians, and says the peace with 
the Northern Indians bordering upon his provinces has held for 
twenty years and is yearly confirmed by the Indians. That in 
this Treaty as well as in a peace now making with the Cuingo and 
other Indians Virginia is expressly included, and produced letters 
vouching his assertion, whereupon Lord Baltimore withdraws, and 
it is agreed to report in Council that effectual care has been taken 
by Lord Baltimore to include Virginia within the treaties of peace 
made with the Indians, but that their Lordships observe the like 
has not been done by the Governor of Virginia in the late peace 
concluded with the Indian kings and queens, with their opinions 
that orders be sent to Colonel Jeffreys that he endeavour to 
comprehend the Province of Maryland and other English Coloniea 
within the said Treaty and others which shall hereafter be made 
by him with the Indians. 

Their Lordships agree to report in Council their opinion for 
regulating the fishing trade of Newfoundland in accordance with 
His Majesty's Letters Patent, as prayed in a petition of several 

7 88078, N 



194 



COLONIAL PAPERS. 



1677. 



towns in the west of England. 
187.] 



[Col Entry Bk., Vol. CV.,pp. 185- 



Dec. 18. 

CouDcil 
Chamber. 



Dec. 18. 

Whitehall. 



Dec. 18. 523. William Blathwayt to Colonel Moryson. Has got ready 
Whitehall, the names of such as the Acts lately made in Virginia had excepted 
out of the free pardon granted by His Majesty's Proclamation, but 
as to his request for a copy of the Objections signed by Colonel 
Culpeper against Moryson's narrative, the Lords of the Committee 
say that as His Majesty in Council had not thought fit to take any 
notice of that paper, so the reply could only multiply disputes to 
no purpose, and therefore it was not necessary that any copy should 
be given to him. [Col. Entry Bk., Vol. LXXX., p. 211.] 

524. Report [of Lords of Trade and Plantations] to the King. 
That a letter be written to Lieutenant-Governor Herbert Jeffreys 
directing him to use all effectual means to comprehend as well 
within the late peace made with the Indians as in all other Treaties 
of Peace to. be negotiated hereafter, not only the Province of 
Maryland, but all other neighbouring C6lonies of His Majesty's 
subjects. Endorsed, " Read and approved January 8th 1678." 
2 pp. [Col. Papers, Vol. XLL, No. 127.] 

525. Lords of Trade and Plantations to Colonel Jeffreys, Lieu- 
tenant-Governor of Virginia. Notify their appointment by His 
Majesty, and that he may be the better guided in the representation 
of things which their Lordships expect from him, they send several 
Heads of Inquiry formerly recommended to Sir William Berkeley, 
to which as yet they have received no answer, with Additional 
Heads relating to the present conjuncture and changes. Require 
him to transmit a Journal and Deduction of all things since his 
arrival, also authentic copies of all laws. Annexed are the Additional 
Heads of Inquiries. [Col. Entry Bk., Vol. LXXX., pp. 241-243.] 

[Dec, 1 9.] 526. Petition of the inhabitants of Newfoundland to the King. 
That Petitioners' ancestors settled in said island under certain 
laws and orders " formed to them by Patents by yo r Maj. royal 
Ancestors " and now number 1,600 persons. That a patent has 
lately been obtained by persons in England without the privity 
of Petitioners, not only contrary to said laws and orders, but 
absolutely destructive to Petitioners and their families, and should 
it proceed would prove the certain loss of said island. That 
Petitioners have petitioned His Majesty to set aside said patent, 
and several reports have been made how necessary it is the 
inhabitants be there continued, whereupon His Majesty has 
suspended the execution of said patent till the full hearing of said 
cause. That Petitioners also petitioned for a Governor, Minister 
and settled forts for their security at their own costs, which still 
remains undetermined. Pray His Majesty to suspend the granting 
of any order until Petitioners be further heard. "Rec. 19 Dec. 
Read in Council 22 Dec. 1677." [Col. Papers, Vol. XLL, 
Wo, 128.] 



AMERICA AND WEST INDIES. 



195 



1677. 
Dec. 20. 

Whitehall. 



Dec. 22, 

Whitehall. 



Dec. 22. 

Whitehall. 



Dec, 22. 



Dec. 22. 



527. Journal of Lords of Trade and Plantations. In reference 
to the case of Thomas Gardner, late Commander of the ship Adam 
and Eve, agreed to report to His Majesty that, in consideration of 
the good service done by Gardner in seizing Bacon with forty 
armed men in his sloop in James River, for which he was cast into 
prison and fined 701. for the loss of Bacon's sloop and for re- 
imbursement of the same, His Majesty would assign him 100?. out 
of the money raised by the Assembly of Virginia. 

Two laws for settling the Militia in Jamaica taken into con- 
sideration, one made in 1075, the other in 1677, and the former 
being read, their Lordships will consider at a full meeting whether 
the preamble of this law be not fit to be left out as 'tis in the late 
law, also what provisions to be made in case of damages. [Col. 
Entry Bk, Vol. CV., p. 188-190.] 

528. Order of the King in Council. On petition of Otho Thorpe 
of York county, Virginia, setting forth his great losses by plunder 
during the rebellion, that himself and wife were imprisoned by the 
rebels for refusing to take up arms with them, and that Governor 
Berkeley seized the remainder of his estate, and praying for 
restitution. His Majesty being very sensible that many of his poor 
subjects there must necessarily have suffered many hardships in 
that calamitous time- and desiring they may be restored to all they 
can justly lay a claim to, orders that said petition and papers 
annexed be referred to Lords of Trade and Plantations for their 
report, when His Majesty will declare his further pleasure. 2 pp. 
[Col. Papers, Vol. XLl, No. 129.] 

529. Order of the King in Council. On petition of Elizabeth 
Dudley, widow of William Dudley, late of Middlesex county, 
Virginia, on behalf of herself and her three sons, setting forth 
that her husband was forced to administer Bacon's unlawful oath, 
but with a salve to his allegiance to His Majesty and before he 
could obtain the benefit of His Majesty's pardon, Sir William 
Berkeley seized fifteen hogsheads of tobacco to his own use, and 
praying restitution, His Majesty being very desirous to have the 
Petitioners restored to whatever may have unjustly been taken 
from them in the hurry and distraction of the late rebellion there, 
orders that said petition and papers annexed be referred to Lords 
of Trade and Plantations for their report. 2 pp. [CoL Papers, 
Vol. XLL, No. 130.] 

530. Petition of Sands Knowles of Gloucester county, Virginia, 
to the King. Setting forth the seizure of himself and servants and 
the plundering of his estate to the value of 400?. sterling, by Major 
Robert Beverley in October 1676, and his having obtained the 
benefit of His Majesty's pardon. Prays for the restitution of his 
estate. 1 p. [Col. Papers, Vol. XLL, No. 132.] 

531. Petition of Sands Knowles to Governor Herbert Jeffreys. 
For permission, for the reasons therein stated, to put in security 

N 2 



106 COLONIAL PAPERS. 

1677. 

according to the tenor of His Majesty's Proclamation of Pardon, 
with certificate by Sam Wiseman that Petitioner duly performed 
what is enjoined by said Proclamation. 1 p. [Col. Papers, 
Vol. XLL, No. 133.] 

Dec. 22. 532. Petition of Sands Knowles to the Commissioners for 
Virginia. That Major Beverley has seized his servants, and 
negroes and goods to the value of 400. sterling. Prays he may 
receive the full benefit of His Majesty's pardon, and have liberty 
to recover his estate. Annexed, 

632. I. II. in. Three depositions taken in Virginia in behalf of 
Petitioner concerning his losses and imprisonment. 4 pp. 
[Col Papers, Vol. XLL, Nos. 134, 134 I. n. in.] 

Dec. 22. 533. Order of the King in Council. On petition of Sands 
Knowles of Gloucester county, Virginia, with the papers annexed, 
praying restitution of his estates there, referring same to Lords of 
Trade and Plantation for their report, that thereupon His Majesty 
may declare His further pleasure. 1 p. [Col. Papers, Vol. XLL, 
No. 131.] 

Dec. 22. 534. Order of the King in Council. On petition of William 
Whitehall. Mumford, of London, Merchant, on behalf of Alexander Walker, of 
Virginia, Planter, for restitution of his goods seized by Sir William 
Berkeley and converted to his own use, Petitioner's only offence 
being the taking Bacon's unlawful oath, which he was forced to by 
threats ; referring same to Lords of Trade and Plantations for 
their report. 2 pp. [Col. Papers, Vol. XLL, No. 135.] 

^ Dec. 22, 535. Petition of Thomas Martin, Receiver in Jamaica to the 
King. That notwithstanding His Majesty's letters to Governor 
Lord Vaughau, Petitioner is still a prisoner as by the annexed 
certificate will appear. Prays His Majesty to give further orders 
for his release. Annexed, 

535. I. Certificate of Sir Henry Morgan. That at Martin's 
request he delivered on 24th November last the King's 
letter to Lord Vaughan to admit Petitioner to his office, 
but that he is still a prisoner in the gaol of St. Jago de la 
Vega. St. Jago de la Vega, 1677, Dec. 8. Two copies. 

535. II. Order of the King in Council. On above petition of 
Martin. That Lord Carlisle, Governor of Jamaica, on his 
arrival, cause Petitioner to be forthwith discharged from 
his confinement and restored to the full enjoyment of his 
office pursuant to his grant and His Majesty letters of 14th 
July and 28th September last. Whitehall, 1678, March 27, 
[Col. Papers, Vol. XL., Fos. 93, 93 I., n.] 

Dec. 22. 536. Petition of Thomas Martin, Receiver of Jamaica to the 
King. Recites the proceedings on his previous petitions and prays 
His Majesty to recommend Petitioner to the particular regard of the 
Earl of Carlisle now going as Governor to Jamaica so that on hi 



AMERICA AND WEST INDIES. 197 

1677. 

Lordship's arrival Petitioner may be effectually relieved and restored 
to his office " Read in Council 22 Dec. 1677." Also, 

536. i. Order of the King in Council on preceding petition. His 
Majesty out of his princely compassion of the great 
sufferings and hardships Petitioner has undergone is 
pleased to grant his request and it is ordered that as soon 
as Lord Carlisle arrive in Jamaica he restore Petitioner 
to the full exercise of his office and assist him all that 
can be in the recovery of the profits and damages for his 
unjust imprisonment and great expense. Whitehall, 1 677, 
Dec. 22. [Col. Papers, Vol. XLI., No. 136, and Col Entry 
Bk, Vol. XXIX., pp. 177-179.] 

Dec. 24. 537. Colonel Francis Moryson to Sir Thomas Dolman, Clerk of 
the Council. Is glad to hear His Majesty has ordered Captain 
Gardner a reward for his eminent services. Is in favour of his 
having a reward, both his imprisonment and sickness were a great 
charge to him and loss to his owners in neglecting their service. 
2 pp. [Col Papers, Vol. XLI., No. 137, and Col Entry Bk, 
Vol. LXXX., pp. 212-3.] 

Dec. 24? 538. "Memorial for my Lord Privy Seal in Capt. Gardner's 
business." Being abstract of his petition (see ante, No. 519.) That 
the Lords of Trade and Plantations agree to move His Majesty 
whether the 100?. to be paid to Gardner is to come out of the 
public stock of Virginia or out of his own treasure. [Col Entry 
Bk, Vol. LXXX., p. 214.] 

Dec. 27. 539. The King to Colonel Herbert Jeffreys Lieutenant-Governor 
Whitehall. O f Virginia. Refers to his letter of 25th August last, (see ante 
No. 391), and explains that Lord Culpeper's salary shall be paid out 
of the receipt of His Majesty's Exchequer here after the rate of 
1,200?. a year since the time of Sir William Berkeley's death until 
25th March next ensuing arid that Jeffreys receive proportionably 
the like sum out of the pay appointed for the Governor of Virginia 
until 25th March. But that from and after that time vice versa, 
Lord Culpeper shall be paid wholly in Virginia and Jeffreys in 
England. He is not to intermeddle with the revenues in Virginia 
the King having granted all perquisites since Sir William Berkeley's 
death to Lord Culpeper. [Col Entry Bks., Vol. LXXX., pp. 307-8, 
and Vol. XCV., pp. 235, 236.] 

Dec. 27. 54O. Journal of the Council and Assembly of Antigua. The 

St. John's. w hole Council and a new Assembly chosen. Ordered that the 

account of powder and impost of liquors be examined. Also that 

thirteen of the Assembly being in all 22 Members make a full 

House and not under. [Col Papers, Vol. XXV., No. 55*.] 

Dec. 30. 541. Abstract of letter from Lieutenant-Governor Herbert Jeffreys 
to Colonel Francis Moryson. Impudent conduct of Robert Beverley 
since his departure in denying the authority of the Commission 



COLONIAL PAPERS. 

1077, 

and calling all his proceedings unjust and illegal. Colonel Phillip 
Ludwel under restraint, so believes both may come home together. 
He shall have their accusations by the next, [Col. Papers, 
Vol. XLL, No. 138.] 

Dec. 30. 542. Edward Rous to Secretary Sir Joseph Williamson. About 

Virginia. ten days hence the Unity will 'sail with 400 of His Majesty's 

soldiers under his command for London. Begs for a Captain's 

Commission in the room of John Meoles deceased. 1 p. [Col. 

Papers, Vol. XLL, No. 139.] 

Dec. 31. 543. Secretary Sir Joseph Williamson to Mr. Ludwell. Is very 
Whitehall. gi a( j to find him well arrived after so ill a passage, and writes this 
at the desire of some of Lud well's friends on this side and to assure 
him that he (Williamson) is far from having entertained the least 
prejudice against him or any man, as to his person. Has heretofore 
fully explained himself on that subject. " I pray you know me better 
than to believe I have any other measure or rule in my judging or 
favouring of men in public station than their merits or demerits 
towards His Majesty and the service they are in, and that you shall 
ever find me just and punctual by the blessing of God to this 
principle." Shall be glad as there is occasion to hear from him, of 
the temper and condition things are in, and prays he will please to 
be impartial in it for the consequence such information may be to 
His Majesty's service. Alderman Jeffreys, our good friend, deserves 
too well of all good men to need much recommendation. [Col. 
Entry Bk., Vol. XCIIL, p. 94.] 

[Dec.] 544. Warrant to Lemuel Kingdon, Paymaster to the Forces. To 
pay to Charles, Earl of Carlisle, out of such moneys as shall come 
to his hands for pay of the forces and garrisons in England, 400Z. 
due to him as Governor of Jamaica on account of an allowance of 
2,500Z. per annum for the use of that island for one quarter of a 
year from 25th September to 25th December 1677. p. [Dom. 
Entry Bk., Chas. L, Vol. XLVIIL, p. 41.] 

545. Representation of the Agents of New England. The 
letters of Mr. Mason, and endeavours of Mr. Randolph to the great 
disservice of the King, have caused a great deal of disquiet in the 
minds of the inhabitants of New England, to which claims are laid 
as if the King were resolved to alter their government and take 
them off from the Massachusetts, under whom they have prospered 
near 40 years. Although they doubt not that, on further con- 
sideration and judgment of artists in the thing, such a construction 
of the clause of the patent determining their bounds will be evident 
as to extend them to all their plantations, yet the Chief Justices' 
present opinion leaves out six plantations that are frontier to the 
enemy, and, if not under the Massachusetts, under no government 
at all upon the place, and so neither in a way of being levied upon 
towards the discharge of their share of the public debt contracted 
by the war, nor able in the least to defend themselves. As the 
continuance of these places as part of the Massachusetts will be for 



AMERICA AND WEST INDIES. 



199 



1C77. 



the King's service and to the content of the inhabitants, pray that 
the plantations be kept in their present settlement. 1 p. [Col, 
Papers, Vol. XLL, No. 140.] 

546. Case of Ferdinando Gorges presented to the Lords of 
Trade and Plantations. Recapitulates the grant of Maine to his 
grandfather, the sum spent in planting the colony, the loss of the 
Province owing to the troubles in England, the restitution of 
the Province according to the King's order of llth June 1664, 
seizure of the Province by the Boston Government after three years 
quiet possession, contrary to the King's mandamus of 10th April 
1666, the disobedience of several of the Bo&toners in refusing to 
come over at the King's bidding. Prays that the Province may be 
restored to him, that the persons who have disobeyed the King's 
commands be sent for over, and that satisfaction be given to those 
who have suffered only for acting according to the King's orders. 
[Col. Papers, Vol. XLL, No. 141.] 

547. Abstract of the record of all grants of land in South 
Carolina during the year 1677 in continuation of those abstracted 
for 1674-1676 in the previous Volume of Calendar, see Nos. 717, 
1224. 



Persons Names to 
whom granted. 


Number 
of Acres. 


In what County, 
Parish, or Township, 
or in what River or 
Creek situated. 


Date of Grant. 


Sir Peter Colleton 
James and Thomas Colleton 
Sir Peter Colleton 
John Chambres 
Colonel John Godfrey 
Thomas Rose 


| 373 

12,000 
36 

300 
500 


Near Ashley River - 
On Cooper River 

On Ashley River 


20 September 1677. 

7 September 1677. 
20 April 1677. 
24 October 1677. 
16 June 1677. 



[Col Entry Bk., Vol. XXIII., pp. 1-5.] 

548. Eleven Acts passed in the Island of Antigua, viz. : I. An 
Act for putting the Articles of War in due execution upon this 
island as they are in other islands under the command of His 
Excellency our Captain-General. 2. An Act empowering and 
enabling William Byam, for himself and his brother Edward, to 
sell and dispose of a certain plantation at Willoughby Bay for the 
better paying and discharging of his father's debts and legacies. 
3. An Act for the establishing and confirming of the inhabitants 
of this island in their titles to their lands. 4. An Act against 
enticing servants from their masters. 5. An Act against the 
unlawful practising of pretended surgeons and doctors. 6. An Act 
for the due paying, collecting, and receiving of gunpowder from 
shipping. 7. An Act against all such as shall embezzle away 
goods under attachment or execution. 8. An Act against indebted 
idlers and other persons living out of a lawful calling. 9. An Act 
for damning and making void several titles to land, 9th January. 



200 COLONIAL PAPERS. ^ 

1G77, 

10. An Act obliging the inhabitants of this island to keep and 
maintain Christian men servants. 11. An Act against runaway 
servants, 5th July. [Col. Entry Bk., Vol. L., pp. 305-329.] There 
are copies of the Acts numbered 2, 6, 7, and 10 endorsed, 
" Reed. 25 April 1684. Read 29 Nov. 6 Dec. 1684," in Col. Papers, 
Vol. XXIII., Nos. 109, 110.] 

549. Two Acts passed in Barbadoes, viz. : An Act appointing 
the sale in open market of effects attached for the excise, the parish 
dues and servants wages. Passed 15th March 1677. 

An explanatory Act to the Act of Underwritings and Arrests. 
Passed llth July 1677, [Col Entry Bk., Vol. XV., pp. 100-102.] 

550. Titles of two Acts passed in the island of Montserrat, viz. : 
An Act prohibiting the importation of Fayal wine and all liquors 
to be entered before landed and an impost on the same. An Act 
confirming levies formerly raised, Treasurers notes to be accepted, 
Minister and Clerk's salary, and cattle trespassing. Printed. 
[Col Entry Bk., Vol. LV., p. 33.] 

551. Two Acts passed in the island of St. Christopher's, viz. : 
An Act for a levy. 21st May 1677. An additional Act to the Act 
entitled an Act for the erecting a fort on Cleverley Hill on this 
island. 2nd August 1677. [Col Entry Bk., Vol. L, pp. 17-18.] 

552. Printed paper entitled, " The Virginia Trade stated," also 
reasons showing " if a further imposition be laid upon Tobacco it 
will produce the inconveniences that follow." Endorsed by Sir 
Joseph Williamson with memorandum about Sir Thomas Sandys 
and some disturbance in which soldiers were " called out of their 
quarters "... he crying out murder . . . why not run 
that rogue through, stopped*his mouth with a handkerchief and took 
his sword from him." The writing is difficult to decipher. [Col. 
Papers, Vol. XLI. y No. 142.] 

553. "[Mem. Touching the Government of Maryland." That 
my Lord carries money of which he has received a I2d., Qd., 3d. 
No oath of allegiance taken but an oath to the Proprietor. All 
trials in the Proprietor's name and not in the King's. Writs sent 
out in the Proprietor's own name in the words " To our trusty and 
welbeloved in such a year of our Dominion." \ p. [Col Papers, 
Vol. XLL> No. 143.] 

554. Minute of a warrant for the Attorney General to draw a 
patent for John Lightfoot to be Auditor General of His Majesty's 
Colony of Virginia, in the room of Thomas Stegg lately deceased. 
1 p. [Col Papers, Vol. XLL, No. 144.] 

555. Petition of Garrett Cotter to the King. His Majesty having 
granted Petitioner a patent dated 9th March 1677 for the offices of 
Secretary and Marshal of Nevis, St, Christopher's, Antigua and 



AMERICA AND WEST INDIES. 



201 



1677. 



1678. 

Jan. 2. 

Plantation 

Office. 



Jan. ? 



Jan. ^. 
Barbadoes. 



Montserrat, with all fees, salaries and profits thereto belonging. 
Prays His Majesty's order to the Governor and Council to be 
assisting Petitioner or his Deputies in the execution of said offices, 
1 p. [Col Papers, Vol. XLL, No. 145.] 

556. Petition of Manuel Martinez Dormido of London, Merchant, 
and Daniel Bueno Henriquez, Merchant in Barbadoes, Hebrews, to 
the King. That His Majesty by warrant under his Sign Manual 
granted Petitioners letters of denization which have passed the 
Signet but are denied the Privy Seal, Petitioners' religion being 
only objected, pray that said two bills may pass the Privy and Great 
Seals notwithstanding said objection, several of their nation having 
enjoyed lately the like privilege. Signed by the first Petitioner. 
[Col. Papers, Vol. XLL, No. 146.] 

557. William Blathwayt to Colonel Moryson. His report and 
narrative concerning Gardner and Drummond hare been received. 
Though Drummond's guilt be very great, it has been the sense of 
the Lords of Trade and Plantations that the case of the poor widow 
and her children is very deplorable, and a fit object of His Majesty's 
compassion. Draft with corrections. [Col. Papers, Vol. XLIL, 
No. 1.] 

558. Minutes of the Lords of Trade and Plantations in reference 
to the petition and case of Captain Thomas Gardner. He took 
Bacon prisoner, who prosecuted him for this injury and loss of 
his sloop. Gardner was imprisoned, and gave bond for payment 
of 701. to Bacon. Bacon is attainted, and the bond and rest of his 
estate forfeit to the King. Gardner petitions for reimbursement. 
To move His Majesty as to the payment of 100?. as a reward to 
Gardner. [Col Papers, Vol. XLIL, No. 2.] 

559. Governor Sir Jonathan Atkins to Lords of Trade and 
Plantations. Refers to his last letter of 28th November (see ante, 
No. 498). When the French fleet left our coast they sailed directly 
for Tobago ; the Dutch were very much 'dismayed, having neither 
men nor provisions. The French put 1,000 men ashore, who 
entrenched themselves upon a hill near the fort, commanded by 
Monsieur Blinart, now General, in the place of De Baas, and the 
third shot from a mortar piece fell into a house where Admiral 
De Binkes was, and most of the officers within the fort, and where 
their ammunition was, which blew up and killed De Binkes, who 
deserved a better fate for his behaviour in the former engagement, 
with him the officers and 250 men were slain. This put them into 
such a consternation that they surrendered at discretion, and the 
French carried to Martinique five or six hundred prisoners. They 
have demolished the fort, burnt all houses, and carried all the people 
and ordnance with them, and so have quit the island, with which 
we here are not much displeased. Believes he shall hear next the 
French have taken Surinam, a place in no condition to resist. 
Cannot tell whether they will attempt Curasao, but conceives they 



202 COLONIAL PAPERS. 

1678. 

have more considerable designs in America. Is informed that the 
buccaneers, as they are called, are preparing a fleet of 18 sail, and 
expect a fleet from France to join them. Passports received from 
Count D'Esfcre'es by the Commanders of two Dutch men of war 
riding in this road giving leave to the 600 prisoners to be 
transported in those two ships to their own country. Encloses the 
transactions of their late Sessions of Gaol Delivery; there were 
many criminals in prison. The woman that killed her husband 
was burnt according to the law. Proofs against the fellow that 
poisoned his master were very slender, and, as the chief proof was 
a boy not above eleven years old, reprieved the prisoner, " and 
more particularly because here wanted a hangman, which is hard 
to get here, and he now supplies that office." Has reprieved 
Charles Grimlin for killing his maid servant at the earnest 
importunity of most of the Ministers and very many gentlemen of 
the island. For clippers of money the jury stuck at two things, 
whether the Acts of Elizabeth, and later Acts made before any 
settlement here, could be extended to these islands, and also whether 
foreign coin current here by His Majesty's proclamation shall be 
refused within the Act. 3 pp. Encloses, 

559. I. An abstract of the whole business heard and determined 
before His Majesty's Commissioners of Oyer and Terminer 
and General Gaol Delivery for Barbadoes in November 
and December 1677. With names of those present, viz., 
Members of the Council, Judges of the Common Pleas, 
Justices of the Peace, Coroners, Counsel, Marshals and 
Juries of the grand inquest and of life and death. Total, 
43 cases. 11 pp. Endorsed, Rec, 24 Feb. 1678. [Col. 
Papers, Vol. XLIL, Nos. 3, 3 I., and Col. Entry Bk. 
Vol. VI., pp. 219-223.] 

Jan. 3. 560. Representation of the late Commissioners of Virginia to 
the Lords of Trade and Plantations. That the several Petitions 
herewith given in according to promise when in Virginia to the 
poor Petitioners may be read and considered and reported on to 
His Majesty that so they may receive such redress as their 
respective cases require, and be mentioned in a general letter to 
Virginia or otherwise as may seem most expedient. " The 
petitions are in two small bundles delivered in by Sa. Wiseman." 
See next Abstract. 1 p. [Col Papers, Vol. XLIL, No. 4.] 

Jan. ? 561. " Personal grievances of divers inhabitants within His 

Majesty's Colony of Virginia, proved before us, His Majesty's 
Commissioners by oath, all which we do herewith (according to 
their desires) most humbly present, in their own words, as we 
received the same, and do give this short abstract as followeth :" 
Then follow the abstracts of the several petitions, with, in parallel 
columns, the Commissioners observations and opinions. Names 
of Petitioners, viz. : Alexander Walker, Henry Jenkins, Otho 
Thorp, Thomas Grendon, Thomas and William Dudley, John Page, 
William Hunt, Nicodemus Prynne, Thomas Palmer, Sandes 



AMERICA AND WEST INDIES. 203 

1678, 

Knowles, William Howard, John Deane, John Williams, Thomas 
Bobby, Nicholas Loope, John Johnson, James Barrow, William 
Hoare, Edward Lloyd, Thomas Glover, Andrew Godean, William 
Rowland, Thomas Lushington, Richard Clarke, and George Seaton. 
Most of the Petitions above-named will be found calendared under 
their respective dates in March, April, and May 1<>77. [Col. Entry 
Bk., Vol.LXXXL.pp. 337-352.] 

Jan. 562. Petition of Samuel Wiseman to Lords of Trade and 

Plantations. That he went to Virginia with His Majesty's late 
Commissioners, and has constantly attended His Majesty's service 
there and at home, up to their dismission, as clerk to that 
Commission. Has written three reams of paper besides three 
large books of their proceedings, one for each Commissioner and 
only received 100?. towards all his expenses. Prayi for some 
further allowance for his services. " Read, 26 Jan. 1678." Col. 
Entry Book, Vol. LXXXI. is almost all of it in the handwriting of 
Wiseman and is probably one of the " three large books " he refers 
to, and a great many papers in the Colonial Correspondence are 
also in his handwriting. Annexed, 

562. I. Certificate signed by Sir John Berry and Colonel Frances 
Moryson, late Commissioners for Virginia. In favour of 
and relation to the services of Samuel Wiseman, clerk to 
the late Commission, who behaved himself with great 
honesty and unwearied industry. 1678, Jan. 3. 

562. II. Colonel Moryson to William Blathwayt? In favor of 
Samuel Wiseman an able clerk to the Commissioners for 
Virginia, wherein he carried himself most industriously 
and honestly without looking at all to his own benefit but 
wholly to His Majesty's service. Persuaded him to under- 
take the voyage to Virginia upon Sir Joseph Williamson's 
assurance that this employment should be but an earnest 
to a better ; he had only a poor 100?. to set him out 
and provide for his family he left behind him, so that he 
cannot have sixpence. Thinks a man so qualified might 
easily get into some way of living, especially at these 
times when there will be use of honest men and good 
scribes. The Lord Chancellor told the writer His 
Majesty must use Wiseman's services in setting the laws 
of Virginia, beseeches his advocacy with the Lords of 
Trade and Plantations that there may be a compensation 
settled for Petitioner's pains and charge. Together three 
papers. [Col. Papers, Vol. XLII., Nos. 5, 5 i-u. and Col. 
Entry Bk., Vol LXXX.,pp. 245-248.] 

Jan. 8. 563. Governor Stapleton to Lords of Trade and Plantations. 

Nevis. Their letter of 10th September (see ante No. 404) came last night. 
Gratitude for their Lordships extraordinary care and goodness by 
their ample representations to his Majesty on all the public and 
private grievances he offered, and for their character of him. Designs 
next week to visit all the islands, and then answer their Lordships 



204 



COLONIAL PAPERS. 



Jan. 8. 

Nevis. 



1678. 

enquiries. Has re-appointed the Collector of the 4 per cent. 
Taking of Tobago by the French Squadron when the Dutch 
Commander and all his officers were blown up, and the French lost 
but one man. The French expect more ships and 500 soldiers. 
1 p. Mem. On 13th March this letter and a list of the French 
ships in the West Indies was received and delivered to the Lord 
Privy Seal and other Lords and read by them. [Col. Papers, 
Vol. XLIL, No. 6, and Col Entry Bks., Vol. XLVL, pp.- 259-262 s 
and Vol. CV.,p. 222.] 

564. Governor Stapleton to [Secretary Sir Joseph Williamson]. 
Has received his commands from Whitehall of 30th October 1677, 
and expresses his gratitude. Has desired Captain William Free- 
man to give him a list of the officers blown up at Tobago by a shell 
from the French camp which fell in the magazine where there were 
1,500 barrels of powder, they design to destroy CuraQao and Porto 
Rico, if a Dutch squadron which is now in the Indies does not 
obstruct their proceedings. 1 p. [Col. Papers, Vol. XLII., 
No. 7.] 

Jan. 8. 565. Governor Stapleton to William Blathwayt. Has but a 
Insuia Nevis, short time to acknowledge their Lordships commands and des- 
patches by this ship. Will gladly serve him in his sphere when 
occasion offers. " Rec. 13 March." [Col. Papers, Vol. XLII., 
No. 8.] 

Jan. 9. 566. Lords of Trade and Plantations to Colonel William 
Whitehall. Stapleton, Governor of the Leeward Isles. Enclose petition of 
Dame Joan Hall as a matter arising within the limits of his 
Government and desire him to make enquiries into the Petitioner's 
allegations that by his report their Lordships may be enabled to 
represent to his Majesty what is most tit to be done. Enclose, 

566 I. Petition of Dame Joan Hall, widow, the relict and 
executrix of Colonel Christopher Keynell, late of Antigua, 
to Lords of Trade and Plantations. See ante No. 468. 
[Col. Entry Bks., Vol. XLVL, pp. 254-257, and Vol. CV., 
p. 197.] 

567. Lords of Trade and Plantations to Governor Stapleton. 
Directing him to administer the oath to the Deputy Governors 
under his Government for the due execution of the Acts of Trade 
and Navigation for which his Majesty has sent him a Commission 
under the Great Seal. Mem. A Commission was also sent to 
several gentlemen of the Leeward Isles to administer the oath to 
Governor Stapleton. [Col. Entry Bks., Vol. XLVL, pp. 257-258, 
and Vol. CV.,p. 197.] 

Jan. 9. 568. Lords of Trade and Plantations to Council of Earbadoes. 
Send the King's Commission to administer to Governor Sir 
Jonathan Atkins an oath for the due observance of the Acts of 
Trade and Navigation pursuant to an order of the Privy Council 
of 24th October last. [Col. Entry Bk., Vol. VI., pp. 209-210.] 



Jan. 9. 

Whitehall. 



AMERICA AND WEST INDIES. 



205 



1678. 
Jan. 12. 

Whitehall. 



Jan. 14-. 



Jan. 15. 



Jan. 17. 



Feb. 2. 



Jan. 13. 

Whitehall. 



Jan. 13. 

Whitehall. 



Jan. 13. 
Jamaica. 



569. Journal of Lords of Trade and Plantations. Mr. Attorney 
General reported the alterations made by him in the laws of 
Jamaica, which were all approved. Sir Richard Temple and 
Sir George Downing, Commissioners of Customs, attend in relation 
to the law for raising a public revenue when their report of 
14th December (see ante, No. 521) is read, upon which their 
Lordships make certain resolutions. Drafts of the Earl of Carlisle's 
Commission and Instructions considered ; to be compared with those 
to Lord Vaughan. 

Opinions concerning the power of the Earl of Carlisle, as Vice- 
Admiral of Jamaica, to erect Courts of Admiralty. Clause in his 
instructions relating thereto. Also in reference to Members of 
Council suspended by the Government to be incapable, during 
such suspension, of being admitted into the Assembly. Additional 
article settling the manner of making laws. 

Draft of instructions to the Earl of Carlisle, delivered by 
Secretary Coventry on 12th instant, read, and alterations agreed 
to. The 4th paragraph to run thus, " And to communicate such 
of your instructions as you shall find convenient to be imparted 
unto them " [the Council]. 

The remaining part of the Earl of Carlisle's instructions taken 
into consideration, and alterations agreed to ; also his Commission, 
to which additions are made, concerning raising money and mines 
royal. Mr. Attorney General to be desired to prepare a clause for 
settling a mint in Jamaica pursuant to the Order in Council, and 
that a clause to the same effect be put in the instructions, and for 
the sending over bullion to be coined here for the use of that 
island. 

Mr. Secretary Coventry sent for the Commission and instructions 
prepared for the Earl of Carlisle, which were accordingly delivered. 
[Col. Entry Bk., Vol. CV., pp. 195-204, 216.] 

570. The King's warrant to Charles, Earl of Carlisle, Captain- 
General of Jamaica. To cause drums to be beat about the city of 
London for raising 200 men for His Majesty's service in Jamaica. 
| p. [Dora. Entry Bk., Chas. II., Vol. XXIX., p. 230.] 

571. Commission to Charges, Earl of Carlisle, Captain-General 
and Governor-in-Chief of Jamaica and the territories depending 
thereon, to be Captain of a company of foot, consisting of 100 men 
besides officers, to be raised for His Majesty's service in Jamaica. 
[Dom. Entry Bk., Chas. II., Vol. XXIX., p. 230.] 

572. A like Commission to Sir Henry Morgan, Lieutenant- 
Governor of Jamaica, to be Captain of a company of 100 men 
besides officers. Also Commissions to Ralph Fetherstonhaugh to be 
Lieutenant, to Sir Henry Morgan ; Elias Markham to be Ensign 
to the Earl of Carlisle, John Tolderoy to be Lieutenant to the Earl 
of Carlisle, and Usher Tyrell, gent., to be Ensign to Sir Henry 
Morgan. [Dom. Entry Bk., Chas. IL, Vol. XXIX., p. 235.] 



206 COLONIAL PAPEKS. 



1678. 

Jan. 13. 573. Commission to Sir Francis Watson, Knight, to be Major- 
Jamaica. General of the Forces employed and to be employed in Jamaica. 
Minute only. [Dom. Entry Bk., Chas. II., Vol. XXIX. t p. 237.] 

Jan. 14, 574. Proclamation of Colonel William Stapleton, Governor of 

St. the Leeward Islands. That all passes granted in St. Christopher's 

Christopher's. ^ gj^pg en t erec i O ut for His Majesty's plantations, determine within 

six months of the date of this Proclamation and passes granted 

before this date to ships entered out for Europe determine upon 

their return. [Col. Papers, Vol. XXVIII., No. 69, p. 16.] 

Jan. 15. 575. Journal of Lords of Trade -and Plantations. Letter of 
3rd October last read from the Council and Assembly of Barbadoes 
(see ante, No. 421), whereupon ordered that Sir Peter Colleton 
and Colonel Thornburgh, who had petitioned for the pikes, give 
their attendance when the business of Barbadoes shall be considered. 
Mem. This letter was transmitted from Sir Jonathan Atkins by 
Mr. Stede, Deputy Secretary of Barbadoes. 

Draft of instructions to the Earl of Carlisle (for Jamaica) 
delivered by Secretary Coventry. Resolutions on several articles 
in reference to communicating his instructions to the Council, that 
Members of the Council may be made Judges, the manner of 
making laws, and the oaths of allegiance and supremacy for the 
Assemblymen, and the laying of customs upon imports or exports to 
be left out, " the consideration being now ceased for which it was 
recommended to former Governors." 

Mem. On 16th their Lordships sign a letter to several Members 
of the Council of Barbadoes transmitting a commission to them for 
administering to Sir Jonathan Atkins the oath for the due execution 
of the Acts of Parliament concerning trade and navigation. [In 
Col. Entry Bk, Vol. VI., pp. 209, 210, this letter will be found, 
which is there stated to have been signed by their Lordships on 
9th January.] 

Jan. 17. The remaining part of the Earl of Carlisle's instructions t iken 
into consideration, and also his Commission. Mr. Attorney General 
to be desired to prepare a clause for settling a mint in Jamaica, 
and for sending over bullion to be coined there for tihe use of the 
island. 

Jan. 19. Letter read from Sir* Jonathan Atkins, dated 16th September 
(see ante, No. 403). Upon the first head their Lordships after 
debate agree to write to Governor Atkins signifying their dislike 
of this complaint made by him and the Assembly about sending 
over pikes, inasmuch as Sir Peter Colleton and Colonel Thornburgh 
concurred that there was a necessity for them, and their Lordships 
cannot but report to the King that the 1,500 pikes be sent, and" the 
country pay for them according to custom. On the second head 
they agree to report that the Assembly may be their own chapmen 
for the arms they provide for their own defence. Their Lordships 
will also acquaint Governor Atkins that Sir Peter Colleton did not 
voluntarily meddle with the proposal of pikes, but was called in 
by thair Lordships to give his opinion. In relation to the Royal 



AMERICA AND WEST INDIES. 



207 



1678. 

African Company, Governor Atkins is to be admonished that they 
did never accuse him without great cause for injuries not as yet 
reformed. On the fourth head ordered that extracts be made of all 
Governor Atkins' letters and accounts concerning artillery arms and 
ammunition, so that their Lordships may judge how satisfactory 
his returns have been. On the fifth article their Lordships will 
assure Governor Atkins that all due care is had of his papers, and 
such secrecy used as the nature of them requires. [Col. Entry Bk., 
Vol. CV.,pp. 201-208.] 

Jan 16. 576. Grant to Robert Ayleway, of the office of Auditor-General 

Westminster. o f the Colony of Virginia, during life, with the like fees, profits, 

and advantages as Edward Diggs or Thomas Stegg, or any other 

heretofore executing said office hath received or enjoyed. 4 pp. 

[Col Papers, Vol. XLIL, No. 9.] 



Jan, | 

Madrid. 



Jan. 18. 

Whitehall. 



577. Sir William Godolphin to [Captain Ccoke]. Has received 
His Majesty's new commands about the ship Virgin, and as soon 
as things appeared with a clearer face " I presented my new 
Memorial on your behalf to this King." It is remitted to the 
Council of the Indies. Their defence hitherto has been only certain 
arts to gain time. Has spoken earnestly to Don Juan of Austria 
on the business, and will use all diligence to draw from them a 
positive a*hd plain answer one way or the other. Has received 
Secretary Coventry's repeated directions in the affair. Annexed, 

577. i. The King of Spain's commission to Don Juan Baptista 
de Santiago, Lieu tenant -Governor of the Island of Cuba 
and City of the Havanna. Commanding him to execute the 
former commission of the Queen, late Regent of Spain, 
dated 2nd July 1075, for restoring to Captain Edmund 
Cooke the value of the ship Virgin and her lading. The 
original of this commission was offered by the Lord 
President of the Indies to Lord Ambassador Godolphin 
in answer to his new instances, but rejected by his 
Excellency as insufficient and no ways satisfactory, for 
reasons which he gave at large. 

577. H. The King of Spain's order for satisfaction for the ship 
Virgin. Madrid 1678, Feb. 15. 

577. ill. Order of the King in Council. That Secretary Coventry 

take care that in the treaty with Spain now under 
consideration provision be made for the losses sustained 
by Captain Cooke. Together, four papers. [Col. Papers, 
Vol. XLIL, Nos. 10, 10 I., IL, in.] 

578. Order of the King in Council. Approving Report of the 
Lords of Trade and Plantations of 20th December 1677, on petition 
of Captain Thomas Gardner, and directing payment of 100J. by 
Gawen Corbin out of the public stock of Virginia to Petitioner. 
3 pp. [Col. Papers, Vol. XLII., No. 11, and Col Entry Bk,, 
Vol. LXXX., pp. 219-221.] 



208 COLONIAL PAPEES. 

1678. 

Jan. 18. 579. Order of the King in Council. Upon a Report of the 
Whitehall. Lords of Trade and Plantations, dated llth December 1677, in 
reference to the Colony of Virginia, and several papers, letters, and 
narratives, transmitted to Secretary Coventry by Colonel Jeffreys, 
Sir John Berry, and Colonel Moryson, His Majesty's Commissioners 
for Virginia, but particularly as to three laws made at Green 
Spring, 20th February last, viz., of indemnity and free pardon ; of 
attainder; and inflicting pains, penalties, and fines upon great 
offenders ; approving said Report, and directing that said laws and 
all others made in Virginia, either disagreeable to the powers 
residing there or derogatory to His Majesty's Proclamation of 
Pardon, be in due time abrogated and made void ; and that all 
persons, whether tried or not, be rendered capable of the conditions 
in said Proclamation in relation to His Majesty's pardon and 
restitution of all confiscations made by Governor Berkeley upon 
his proceedings contrary thereto. Also that a new Proclamation 
be immediately issued out confirming the former and restoring the 
persons who have been confiscated contrary thereunto ; that the 
Government in Virginia countenance prosecutions against such of 
the rebellious party as possess the goods of honest men ; and that 
laws be prepared for the punishment of those who persisted in 
abetting said rebellion and contemned the offer of pardon. 7 pp. 
[Col. Entry Bk., Vol. LXXX., pp. 222-229.] 

Jan. 18. 580. Order of the King in Council. On Report of Lords of 
Whitehall. Trade and Plantations to the King of 18th December 1677, in 
reference to including the neighbouring Colonies to Virginia in 
the late Peace and any other treaties for peace with the Indians, 
approving same, and directing Secretary Coventry to proceed 
therein according to their Lordships' opinion and advice. [Col. 
Entry Bk., Vol. LXXX., pp. 243-245.] 

[Jan. 18.] 581. Petition of Rowland Simpson to the King and Privy 
Council. Sets forth the depredation committed by Captain Bernard 
Lemoine, a French privateer, in seizing 309 hogsheads of sugar on 
board the Golden Lion, and carrying said ship into France, where, 
ever since January 1674 petitioner has been endeavouring to obtain 
satisfaction, and prays that letters of marque or reprizal be forth- 
with granted to him. *' Rec. 18 Jan. Read at the Committee 
21 Jan. 1677-8." Annexed, 

581. I. Minutes of the Lords Committee of Trade and Planta- 
tions. After consideration of the above petition and very 
long debate it is thought fit to propose to Sir Thomas 
Exton and Sir Richard Lloyd, Judges of the Admiralty, 
the question whether Petitioner's goods under the circum- 
stances set forth be subject for letters of reprizal. Two 
papers. Draft and fair copy. "Read in Council, 
8 Feb. 1677-8." 

581. it. The Report of.Sir Richard Lloyd and Sir Thomas Exton 
on the above question of law. That there are just 



AMERICA AND WEST INDIES. 209 

1678, 

grounds for granting to Simpson letters of reprisal. 
Doctor's Commons, 1678, 29th January. 

581. III. Petition of Rowland Simpson to the King and Privy 
Council. Sets forth what has been done on his previous 
petition, incloses report of the Judges of the Admiralty 
and prays that letters of marque or reprisal be forthwith 
granted to him that so Petitioner and his family may be 
preserved from ruin. " Read in Council 8 Feb. 1677-8." 

581. IV. The Report of the Judges of the Admiralty above 
referred to. Duplicate of Inclosure No. 581 u. Together, 
Jive papers. [GoL Papers, Vol. XLII., Nos. 12, 12 l.-iv., 
and Col. Entry Bh, Vol. CV., pp. 209-210.] 

Jan. 19. 582. Governor Stapleton to Lords of Trade and Plantations. Is 
St. Christoplier's-now going from one island to another to obey what their Lordships 
require of him. The 57 soldiers are arrived, as he has informed 
Lord Craven, by whose orders they were shipped, " but my Lords 
" in that condition that never soldiers were sent without arms, 
" ammunition or money to subsist withal not as much as a sword 
" nor the ammunition loaf to a place where there is no magazine or 
" any stores to be purchased/' The two companies they have 
completed have hardly any themselves, arms decay here more 
than anywhere. Submits to their Lordships serious consideration 
how dishonourable to the King and nation to send soldiers to 
garrison where French and Dutch are spectators of such their naked 
condition. They have given him one of the greatest confusions he 
ever had. Sent to Tobago to purchase French or Dutch muskets, 
but the island is deserted of both nations. Captain Haddock, of 
the Quaker Ketch, brought instead seventy or eighty negroes the 
Indians were carrying away. The Count d'Estrces expected in the 
French part of this island, from thence to Porto Rico or Cura9ao or 
to both if successful in the first. The 300 malefactors when arrived 
will be benefactors, as they will increase our numbers. The arms 
and ammunition, the seal and 500., for erecting a fort, are wanting. 
A fort begun. Forts building in the French island under an 
engineer sent by the King of France. Necessity of a fund being 
settled for the soldiers' pay. " Rec. 1 April 1678." 1 pp. [Col. 
Papers, Vol. XLII., No. 13, and Col. Entry Bk, Vol. XLVL, 
pp. 262-265.] 

Jan. 21. 583. An account of the ordnance, carriages, shot, powder, 

Office of an d, other stores and habiliments of war issued out of His 

lce- Majesty's stores and shipped on board the Unity of London, 

Arthur Haire, Commander, to be transported to Nevis and delivered 

to Governor Stapleton, since the time of his government, which 

began in 1672. Total, 1,039. 12s. 2d. "Rec. from the Office of 

Ordnance, 15 April 1678." ] p. [Col, Papers, Vol. XLII. .No. 14, 

and Col, Entry M., Vol. XLVL, p. 270.] 

Jan. 22. 584. Journal of Lords of Trade and Plantations. Governor . 
Atkin's letter of |f May last (see ante, No. 241) considered, and 

y 83072. 



2lO COLONIAL PAPERS. 

1678. 

having read answer of Royal African Company (see ante, No. 369), 
am] opinion of the Solicitor-General (see ante, No. 346), that negroes 
ought to be esteemed goods or commodities forbidden to be exported 
out of His Majesty's Plantations in other than English shipping, 
their Lordships will report that this trade with the Spaniards ought 
not to be permitted, and also upon this pretence the Spaniards may 
entertain a trade for all other commodities upon the island. [Col. 
Entry Bk., Vol. CV. t p. 211.] 

Jan. 22. 585. Minutes of the Council of Barbadoes. Present, Sir 
Jonathan Atkins, Governor, Henry Drax, Samuel Farmer, Samuel 
Newton, John Peers, Simon Lambert, and John Stanfast. Ordered 
that John Witham be sworn a Councillor, and he accordingly took 
the oath and his place in the Council. [Col. Entry Bk., Vol. XL, 
p. 297.] 

Jan. 22-24. 586. Journal of Assembly of Barbadoes. The House, appre- 
hensive of a war, conclude it of absolute necessity to provide for 
defence of the island by repairing the forts and erecting new ones 
furnished with arms and other necessaries. Ordered by Governor, 
Council, and Assembly, that John Hallett, Treasurer, send for 
England for 1,000 iron shovels for the fortifications and 500 
ammunition swords, the charge to be allowed out of the moiety of 
the duty on wines and liquors reserved to public use, also 4,000 
steel lance heads according to pattern. Ordered, that a Bill be 
prepared for assessing the labour of hands from the owners of land, 
and for setting a tax on the towns for repairing the fortifications. 
The Jews to be rated by the vestries. The Bill entitled an Act 
for the Supply of Labourers for Repairing Fortifications and Building 
new passed. 

Jan. 24. An Act appointing a committee for settling the public accounts 
of this island, passed. Also an Act to continue an Act for allowance 
of a second free entry of the dead productions of this island lost or 
taken, and relating to the four-aiid-a-half per cent. Petition of 
Cornwall Somers granted, and Colonel William Bate, treasurer, to 
give credit fur the duty of three pipes of Madeira, and John Hallett, 
treasurer, to give petitioner credit for ten pipes. Thomas Larkham, 
gunner of Charles Fort, William Bragg, gunner of Willoughby's 
Fort, Henry Cross, gnnner of James Fort, and John Hare, gunner 
of New Battery, to be paid .their respective salaries. On petition 
of Jane, widow of Richard Barnes, killed by a great gun in one of 
the forts, ordered that Petitioner be paid 3,000 Ibs. of muscovado 
sugar per annum during her widowhood. Petition of Mrs. Dorothy 
White to be recommended to the Governor and Council to be 
tender of the privileges of infancy, and not to subject estates of this 
country to debts further than by law they are subject. Petitions 
of William Brooking, purser of H.M.S. Constant Warwick, to be 
allowed 91, duty on five hogsheads of brandy, and of Captain 
John Johnson to be allowed duty on thirty tons of beer, sour 
and unsaleable. Adjourned to 19th February. [Col. Entry Bk., 
., pp. 289-294.] 



AMERICA AND WEST INDIES. 211 

1678. 

Jan. 23. 587. Order of the King in Council. On enclosed petition of 
Whitehall. William Stoughton and Peter Bulkeley. That copies of said 
petition and papers annexed, and also of a petition of Mason and 
Gorges relating to the government of the Provinces of Maine and 
New Hampshire, be delivered to the Lords of Trade and Plantations, 
to consider the matter of both petitions and the true state of that 
Colony, and report their opinion thereupon. Enclosed, 

587. l.-u. Petition of William Stoughton and Peter Bulkeley to 
the King. Having received a signification of the King's 
promise of pardon to the Massachusetts Government, and 
particularly of the offence of coining money without the 
King's authority, with His Majesty's license for setting 
up a Mint within said Colony for coining gold and silver 
with such impress as His Majesty shall think fit to 
pass current in said Colony only, and the matter between 
the Company and Mr. Mason and Mr. Gorges being 
settled by the Lords Chief Justices' Report, that denies 
Mr. Mason's right of government, but excludes from the 
bounds of the Massachusetts the four towns of Dover, 
Portsmouth, Exeter, and Hampton, the inhabitants of 
whicli by the annexed petitions have prayed to be con- 
tinued under the Massachusetts ; implore His Majesty 
to add the grant of these four towns, with the land and 
royalties, and the liberty of coining there. With the under- 
written reference: "His Majesty hath thought fit that 
this Petition and the Papers thereunto annexed be brought 
into the Councell with all convenient speed, to be there 
considered and such resolution taken thereupon as shall 
seeme best for His Majesty's service and the good of that 
his Colony in New England." Signed by H. Coventry. 
Whitehall, Dec. 16, 1677. Two copies. 

587. ill. Petition of the Inhabitants of Dover upon Piscataqua 
to the King. That through the goodness of God and the 
favour of His Majesty, " which like the sweet influences 
of superior or heavenly bodies to the tender plants have 
cherished us in our weaker beginnings, having been 
continued through your special grace under your Majesty's 
protection and government of the Massachusetts, to which 
we voluntarily subjected ourselves many years ago, yet 
not without some necessity in part felt for want of 
government and in part feared upon the account of 
protection." Are earnest suppliants to be continued 
under the jurisdiction of the Massachusetts as formerly. 
Signed by John Evens, William Shuckford, a'nd thirty-seven 
others. Dover, 1677, Oct. 22. 

587. IV. Petition of the Inhabitants of Portsmouth on Piscataqua 
to the King. " The fear of losing the long enjoyed and 
still desired benefit of the Massachusetts Government hath 
occasioned us to adventure to speak unto our Sovereign 
Lord the King ; it may be the words of our Lord the 
King may be comfortable to us, and he may perform the 

o 2 



212 COLONIAL PAPERS. 

1678^ 

request of his servants that we may be continued and 
settled under the same jurisdiction as formerly unto which 
we at first voluntarily subjected ourselves and have never 
yet had any cause to repent of our so doing." Signed by 
Joshua Moody, Tobias Leave, and fifty-four others. 
Portsmouth in Piscataqua river 1677, Oct. 22. 

587. V. Memorial of the Inhabitants of Exeter. Desiring that 
their names be inserted should an address be sent to the 
King praying that they may be continued under the 
Massachusetts Government. Signed by Samuel Dudley, 
John Gillman, and thirty others. 

587. VI. Petition of the Inhabitants of Hampton (co. Norfolk), 
New England, to the King. "Awed by the Divine 
aphorism of that wisest of Princes who hath commanded 
us to fear God and honor the King and not meddle with 
men given to change," beseech if it may consist with His 
gracious pleasure and their allegiance and duty that 
they may be continued under the Government of the 
Massachusetts. Signed by Seaborne Cotton, Christopher 
Hussey, and forty-seven others. Hampton, 1677, Oct. 22. 

687. VII. Petition of Robert Mason and Ferdinando Gorges to 
the King. It having been decided that the Massachusetts 
Government have no authority over the rich and extensive 
Provinces of New Hampshire and Maine, Petitioners, 
sensible of the mischief that has befallen those Colonies 
from a divided Government, offer to surrender to the 
King their right to government, when it shall please him 
to establish a General Governor in those parts. Pray 
that, if it is not the King's pleasure to establish a General 
Government over all New England, a Governor may be 
appointed over the two Provinces of New Hampshire and 
Maine ; for the great damage sustained by the usurpation 
of the Massachusetts, they submit the manner of their 
reparation to the King's pleasure. Underwritten: " Read 
9 Jan. 1678. Referred to the Comtee. 23rd." Together, 
eight papers. [Col Papers, Vol. XLII., Nos. 15, 
15 i.-vn. ; also Col Entry Bk, Vol. LX., pp. 239-247.] 

Jan. 24. 588. Governor Stapletou. to Lords of Trade and Plantations. 
Nevis. How the five ministers sent over by the Bishop of London are 
disposed of. In St. Christopher's, Mr. Davis and Mr. Milward ; in 
Nevis, Mr. Foster: in Montserrat, Mr. Mollineux; in Antigua, 
Mr. Jones and one Mr. Lambert, " who is none of the six nominated" 
by the Bishop, the sixth being left behind : if Mr. Grief conies he 
shall be provided for as well as any. Does not question but that 
each will have as good as 100Z. sterling per annum or 16,000 Ibs. 
of sugar, besides the perquisites of marriages and funeral sermons. 
"Rec. 1 April 1678." [Col Papers, Vol. XLIL, No. 16, and 
Col Entry Bk, Vol. XLVI.,pp. 265, 26(1.] 

Jan. 26. 589. Journal of Lords of Trade and Plantations. In reference 
Whitehall, to a petition of Samuel Wiaeman, late Clerk to the Commissioners 



AMERICA AND WEST INDIES. 



213 



1678. 

for Virginia, praying for a reward for his services ; also certificate 
of Sir John Berry and Colonel Moryson in favour of Petitioner for 
preferment. Agreed to represent Petitioner to His Majesty as a 
person fit to be employed in His Majesty's service. 

Report made by their Lordships on the ship Sherrard of Boston, 
and letter ordered to be sent to the Judges of the Admiralty. 
On the ship Sherrard being condemned upon revision in France 
without other reason given than that she had not touched at an 
English port since her purchase in Holland, the following points 
arose: (1) whether every prince in war has not power to make 
what laws he please as to the trade and commerce that friends 
or neuters are to exercise with his enemies ; what goods to be 
prohibited, and under what sorts and degrees of penalties even 
though such goods be not otherwise according to the general law 
of nations contraband, supposing there is no treaty of commerce 
between such prince and his allies ; (2) what sort of publication is 
necessary for such prince to make his allies concerning these 
laws ; (3) whether there be any ordinance in France forbidding to 
purchase foreign ships that can justify the capture and confiscation 
in this case. The opinions of the Judges of the Admiralty are 
desired herein. Council Chamber, 1678, Jan. 26. [Col. Entry Bk, t 
Vol. CV.,pp. 212-213, 215.] 

Jan. 30. 590. Daniel Parke to Secretary Sir Joseph Williamson. Encloses, 
Virginia. j n obedience to his commands, the best account he can give of 
Virginia. Enclosed, 

590. I. D. Parke to Secretary Williamson. Arrived in Virginia, 
25 October 1677, and waited upon the Governor next day, 
whom he found very sick and weak and very unfit for 
business, the Assembly was then sitting. The King's 
letter making void Sir W. Berkeley's proclamation and 
assuring his subjects of His Majesty's grace and mercy was 
concealed for some time by order of the Council, the 
Secretary and his brother Colonel Philip Ludwell saying 
it was procured from the King by false information ; but 
has since been published to the great joy .of all the burgesses 
and people except Sir W. Berkeley's party. Evils the 
country has suffered through the King's letter having been 
concealed ; fears of Berkeley's return and confirming all 
done by the Assembly at Green Spring. Great poll-tax 
levied upon the people, very heavy upon the poorer sort. 
Together 3 pp. [Col. Papers, Vol. XLIL, Nos. 17, 17 I.] 

Jan. 30. 591. Samuel Pepys to Matthew Lock, Secretary at War. Is 
Derby House, commanded by the Duke to ascertain the names of the ships ready 
to transport 425 soldiers for Virginia, 1 p. [Col. Papers, 
Vol. XLIL, No. 18.) 

Jan 31. 592. Governor Sir J. Atkins to Lords of Trade and Plantations. 

Barbadoes. Finds they are not satisfied with all his particulars and that he 

misunderstood the word Journal " which being given in general 



COLONIAL PAPERS. 

1678, 

terms till I had your Lordship's explained pleasure therein 'tis 
possible I might." Tis the common fate of missions by letters 
that men are often mistaken in the meaning, which is his misfortune 
who not being able to receive their Lordship's meaning but by a 
second discovery nor give them his but by a second address, he 
sometimes lyes under a fatal misconstruction. If anything has 
fallen from his pen they approve not, hopes they will charitably 
interpret 'tis the language of a soldier not of an orator, and that it 
comes from intentions zealously inclined for the King's service and 
solidly disposed to give all respect and reverence to their Lordships. 
Has given them from time to time the best account of all 
occurrences but did not know they wished to have all acts of 
Council. There are here five Courts of Judicature besides the 
Chancery, which consist of a judge and four assistants in each 
Court, and trial by jury as in England. Explains why, when he 
sent the laws, he did not send the reasons for making them. Most 
of the laws are for ordering their slaves and distinguishing their 
property for therin consists their wealth, therefore have made them 
all chattels and real estate of no such practise in England, and 
therefore may be esteemed erroneous. Explains the necessity of 
doing so. The Act made expressly against Quakers seems severe, 
but is necessary, there is not a more deceitful people. Explains 
their designs with the slaves which might have brought in question 
the ruin of the place for they drew hundreds of negroes to their 
meetings who, when they had no mind to work, claimed the 
privilege of going. Ten days ago the French were at Martinique 
and Grenada. Expects his Majesty's frigate. Endorsed, " Rec. 
11 April 1678." 3 pp. [Col. Papers, Vol. XLII., No. 19; also 
Col. Entry Bh, Vol. VI., pp. 224-228.] 

Jan. 31. 593. Minutes of the Council of St. Christopher's. Ordered that 
St.Christopher's.^000 (Ibs.) weight of bullets and 10,000 flints which Captain 
Joseph Crispe has promised to deliver be put into the magazine at 
Sandy Point, and that order be drawn on John Vickers, treasurer, 
for 6,000 Ibs. of muscovado sugar for payment of same. The 
gunner at Sandy Point to render account of the country store to 
Captain Joseph Crispe, Captain Christopher Jeaffreson, Thomas 
Soley, and William Colhoun who are ordered to examine Major 
Roger Elrington's account. [Col Papers, Vol. XXVIII., No. 69, 
pp. 16-17.] 

Jan. ? 594. Case of Sir Arthur Ingram in reference to a debt due to 

him from George Needham. Sir Thomas Modyford, and Samuel 
Barnard at Jamaica, are authorised by Ingram to recover said debt. 
The interest allowed by law in Jamaica was 15 per cent, now 
reduced to 10 per cent. Principal 640L, and interest for nine years 
576?. Total, 1,216?. 1 p. [Col. Papers, Vol. XLII., No. 20A.] 

Jan.-Feb. 595. Deposition of Christopher Martin of Cockington, Devon, 

mariner, concerning the Newfoundland fishery. That the Masters 

and Companies of the fishing ships are faulty, and he believes have 



AMERICA AND WEST INDIES. 



215 



Feb. 4. 

Whitehall. 



1678. 

done coequal spoil to stages and flakes and boats, as much as the 
inhabitants and were it not for the inhabitants, men could not be 
ready to fish by a considerable time so soon as they do, for they 
now take care to preserve the stages that the ice would in the 
winter otherwise throw down, and the sea carry away. Advantages 
of the inhabitants living there. 1678, Jan. 28. 

Deposition of Thomas Martin. That in his judgment there is an 
absolute necessity for settling and encouraging the inhabitants by 
reason of the potency of the French there or any other enemy. 
1678, Jan 29. 

Deposition of Nehemiah Troute of Plymouth purser of H.M.S. 
Swan. That there is a necessity of the inhabitants being continued 
for the reasons at length stated. 1678, Feb. 1. Endorsed : 
" Rec. 6 Feb. 1678." " Together 3 papers. 7 pp. [Col. Papers, 
Vol. XLIL, Fos. 20, 21, 22.] 

596. Journal of Lords of Trade and Plantations. Several laws 
enacted at Jamaica, 9th April 1677, and received from Secretary 
Coventry on 18th December last read. Here follow the titles. 
Whereupon ordered that these laws so approved be sent to 
Mr. Attorney General for his review and amendments according 
to the method prescribed in the perusal of the former laws 
transmitted to him. Having thus finished their consideration as 
well upon the Commission and Instructions of the Earl of Carlisle 
as upon the laws to be transmitted to Jamaica, agreed to report to 
his Majesty the most material points that have occurred to them. 
Mem. This report was read on 15th instant and approved with 
order that Mr. Secretary Coventry prepare a Warrant for passing 
the laws under the Great Seal of England. [Gol. Entry Bks., 
Vol. XXIX., p. 179, and Vol. CV., 217-221.] 

597. Survey of His Majesty's Magazine at Virginia ; by virtue 
of an Order from Herbert Jeffreys, Governor, of 16th January last. 
Signed by Edward Rous, James Archer, junior, George Wachop, 
Thomas Needier, and William Morris. [Col. Entry Bk. Vol. LXXX., 
293-299.] 

Feb. 9. 598. The case of William Sherwood of James City in Virginia 
James City, declaring the hard and severe usage he hath met with since his 
last arrival there as also concerning the concealing His Majesty's 
Royal letter dated 15th of May 1677. Also copy of the Act of 
Assembly by which County Courts are appointed, and copy of his 
answer to Colonel Hill's complaint, addressed to Herbert Jeffreys, 
Governor of Virginia. 2 papers. 6 pp. [Col. Papers, Vol. XLII., 
Nos. 23, 24.] 

Feb. 11-25. 599. Minutes of the Council of St. Christopher's. Two letters 

St. Christopher's.read by Governor Abed. Matthew from Colonel Stapleton, Governor 

of the Leeward Isles touching the rumour of a war between 

England and France. Ordered that the field pieces in the fort at 

Sandy Point be removed to Cleverley Hill fort, a large guard house 



Feb. 8. 

Middle 

Plantation. 



216 



COLONIAL PAPERS. 



1678, 



Feb. 25, 



Feb. 1 5. 

Whitehall, 



Feb. 15. 

Whitehall. 



Feb. 1 5. 



Feb. 16. 

Nevis. 



erected there, and a guard forthwith settled there, and two barrels 
of powder with shot. 

Representation by the Governor of the great necessity of for- 
warding the fortifications. Boat to be sent to Tortola for timber 
with four white men and eight free negroes, William Colhoun's 
boat to be employed at the rate of 150 Ibs. of sugar per day. Nine 
canon lying useless at Stones Fort and the Old Road to be brought 
to the New Fort at Cleverley Hill. [Col Papers, Vol. XXVI I L, 
No. 69, pp. 17-] 8.] 

600. Order of the King in Council. Approving Report of 
Lords of Trade and Plantations on the Commission and Instructions 
of the Earl of Carlisle [Governor of Jamaica] and directing Mr. Secre- 
tary Coventry to prepare them accordingly, also that the Laws of 
Jamaica pass under the Great Seal of England. [Col. Papers, 
Vol. XLH., No. 25, and Col. Entry Bh, Vol. XXIX., pp. 180- 
183.] 

601. Order of the King in Council. Approving thirty seven 
laws of Jamaica, the titles of which are given and directing that 
they be transmitted to Secretary Coventry and that he prepare a 
Warrant for the immediate passing said laws under the Great Seal 
of England, and that the Lords of Trade and Plantations consider 
the law sent from Jamaica for calling in and suppressing Privateers 
and if they can by any fitting amendments agree to same to send it 
with the rest to Secretary Coventry, but if it may be better settled 
by instruction to prepare same for Lord Carlisle to take with him. 
And their Lordships are also to consider the Statute of Henry the 
Eighth for trying pirates, and to frame a law making said Statute 
in force in Jamaica. [Col. Entry Bk., Vol. XXIX.} pp. 183- 
188.] 

602. Account of the establishment for Virginia (as compared 
with the establishment for Jamaica). Total 6,040?. 10s. per annum. 
The amount is thus made up ; The Governor, 1,000?. ; Deputy 
Governor, 600?. ; Major General, 300?. ; Surgeon, 91?. 5s. ; inci- 
dental charges, 600?. ; chaplain, 121?. 13s. 4d Two Companies, 
3,327?. 11s. 8d,, exceeding that of Jamaica by 212?. 18s. 4sd. 1 p. 
[Col. Papers, Vol. XLH., No. 26.] 

603. Governor Stapleton to [Wm. Blathwayt]. French men of 
war cruising to and from Martinique to St. Christopher's besides 
a considerable squadron Vice-Admiral Count d'Estrdes has at 
Martinique. It is surmised he designs for Porto Rico or Curacao. 
He has lately sent a frigate with a French company of land forces 
to St. Christopher's where they have no need of them their number 
far exceeding ours. Prays their Lordships to consider what strength 
the French have here. Wishes we may not be thought of too late 
as in the last war. A ketch is but of little credit to the nation 
especially when commanded by a mere brute unfit to live among 



AMERICA AND WEST INDIES. 



217 



1678. 



Feb. 18. 

Nevis. 



Feb. 18. 

Nevis. 



Feb. 19. 

Whitehall. 



men, daily quarrelling and as often baffled. Prays their Lordships 
and the Lord Treasurer to let him have the 4^ per cent, for ono 
year in lieu of his arrears in Sir Tobias Bridge's regiment. " I 
suppose a word speaking to the Duke or the Committee might 
procure it." 2 pp. [Col. Papers, Vol. XL1T., No. 27.] 

604. Governor Stapleton to Lords of Trade and Plantations. 
Daily expectation of war with France obliges him to get all hands 
to the sea side to repair former and erect new fortifications. The 
Vice Admiral of France at Martinique with a considerable 
squadron ; he has sent some to Petit Guavos for 900 Buccaneers. 
His " weak conception " of their designs ; to remain at Martinique 
three months without attempting upon Dutch or Spaniards "is 
strange to my feeble apprehension." Have had but the Quaker 
Ketch here for the reputation of the nation as meanly manned as 
ever he saw a King's vessel. Have several ketches from New 
England which in a few days might be manned and fitted with as 
much credit to the Crown as the Quaker Ketch was often repre- 
sented. The condition of the islands, instances nothing through 
timidity, has a strong dilemma to answer. If he goes not to 
St. Christopher's with a strong force it must needs be lost, and if 
he goes he weakens Nevis and the rest of the islands, and if success 
or miscarriage attend he endangers all ; reasons. Remarks upon 
the 10th and llth rules of the Printed Orders as to let passes. 
"Rec. 18 April 1678." 1$ pp. [Col Papers, Vol. XLII., No. 
28, and Col Entry Bk., Vol. XLVI., pp. 267-209.] 

605. Governor Stapleton to Sir Robert Southwell. Sends 
Barnes' answer if he be not as good as his word ; will be pleased 
to know " that he may be obliged to effect it." All persons who 
arrive have nothing but report of a war with France. The French 
are powerful by sea and land and the Vice- Admiral is here with a 
considerable squadron ; what his design is cannot be conjectured ; 
he makes a great stay at Martinique, and does riot proceed upon 
his former supposed design on Porto Rico and Cura9ao. " Rec. 
23 April." [Col. Papers, Vol. XLIL, No. 29.] 

606. Journal of Lords of Trade and Plantations. Consideration 
of the law sent from Jamaica for calling in and suppressing 
privateers ; also of the statute of Henry VIII. for trying pirates 
and to prepare a law for putting the same in force in Jamaica. 
Whereupon Mr. Attorney-General presents a draught for the more 
effectual punishment of pirates, which is not approved. Agreed 
to report to His Majesty their amendments to the law for calling 
in privateers. Petition of Charles Modyford, Surveyor-General 
of Jamaica, read. Whereupon, Sir Thos. Lynch and Mr. Attorney- 
General having explained the case, their Lordships agree to make 
report to His Majesty. Mem. Their Lordships report was 
approved on 22nd inst., in relation to the above laws, but nothing 
was resolved on the case of Charles Modyford. [Col. Entry Bk., 
Vol. CV.,pp. 221-222, 



218 COLONIAL PAPERS. 



1678. 

Feb. 19. 607. Report of Lords of Trade and Plantations to the King. 
That they have agreed upon an Act for the more effectual punish- 
ment of pirates in Jamaica and also an Act for calling in the 
privateers which serve under foreign commissions in those parts, 
and they have considered Charles Modyford's petition, and been 
attended by Sir Thomas Lynch who says nothing can more con- 
tribute to the encouragement of planting than that Petitioners' 
office should be supported, and their Lordships are of opinion that 
the regulation of fees relating to a surveyor in the Act of Jamaica 
may be left out of such Act, and Lord Carlisle be ordered to 
regulate the fees of the Surveyor-General according to his 
instructions in reference to other fees. Draft, 2 pp. [Col. Papers, 
Vol. XLII.,No. 30, and Col. Entry Bk., Vol. XXIX. pp. 192-193.] 

Feb. 19. 608. Petition of Charles Modyford, Surveyor-General of 
Jamaica, to Lords of Trade and Plantations. That he was appointed 
by Letters Patent of 27th April 1675 Surveyor-General of 
Jamaica, and the Assembly have transmitted to His Majesty an 
Act regulating the Surveys. Prays that said Act and list of fees 
may not be passed to obstruct Petitioner acting under his patent, 
but that same may be encouraged by the Earl of Carlisle. " Rec. 
19th Feb. 1678." Annexed, 

608. J. The patent of Charles Modyford above referred to. 
Westminster, 1675, April 27. 

608. II. Reasons for supporting and encouraging Charles Mody- 
ford's patent. [Col Papers, Vol. XLII., Nos. 31, 31 n., 
and Col. Entry Bk., Vol. XXIX., pp. 188-191.] 

Feb. 19. 609. Journal of Assembly of Barbadoes. Having sat three 
several times by adjournment, according to the rules of the House, 
they proceeded to elect a Speaker, and William Sharp was chosen. 
Committee appointed to consider what amendments are convenient 
to be made in the Act of the militia of this island. 

Feb. 20. An Act to repeal an Act to prohibit the bringing heading and 
timber (sic) from Surinam read first time, also an Act to encourage 
the bringing in of Christian servants, which was passed. Pro- 
posals having been made by Captain John Poines to make a good, 
safe, and sufficient haven for ships of the creek or swatch of salt 
water that runs by the town of St. Michael's, and it being thought 
of great conveniency and safety to ships, if it were well effected 
Colonel William Bate, Colonel Richard Guy, Major John Hallett, 
and Captain John Johnson are appointed a committee to hire so 
many boats as they find needful, and working negroes not exceeding 
one hundred to be employed by Captain Poines for three weeks, and 
to draw upon the Treasurer of the Excise for the charges. Captain 
John Johnson to have credit upon his account of excise for the 
half duty of eleven pipes of Madeira. Committee appointed to 
consider the presentment of the last grand jury and draw into a 
bill what they think necessary. Adjourned to 19th March. [Col. 
Entry Bk., Vol. XIII., pp. 294-297.] 



AMERICA AND WEST INDIES. 



210 



1678. 

Feb. 22. 

Jamaica. 



Feb. 22. 
Whitehall. 



Feb. 22. 



Feb. 



Feb. 22. 



610. The King's Warrant to Sir Tbomas Chicheley, Knight, 
Master General of the Ordnance. To appoint some fitting person 
to take charge of all the munition and habiliments of war now 
sending or hereafter to be sent to Jamaica and render account of 
the expenditure, and to make him reasonable allowances out of the 
Treasury of that office. f p. [Dom. Entry BJc., Chas. II., 
Vol. XXIX., p. 241.] 



611. Order of the King in Council. Approving Report of Lords 
of Trade and Plantations (see ante, No. 607), upon two Acts of 
Jamaica touching pirates and privateers and transmitting same to 
Secretary Coventry to prepare warrant for His Majesty's signature 
for the immediate passing of the rest of the laws of that island 
under the Great Seal of England. [Col Entry Bk., Vol. XXIX., 
pp. 193, 194.] 

612. Petition of Henry West of the Isle of Wight county in 
Virginia, now in London, to the King. For a pass for leave to 
return home to his poor family in Virginia by a ship ready to sail 
within a very few days, else he will lose his passage this year ; 
also that his bond not to return may be cancelled and his estate 
discharged from seizure without the payment of fees. Endorsed, 
" Read in Council Feb. 22, 1678." 1 p. [Col. Papers, Vol. XLIL, 
No. 32.] 

613. Report of Thomas Lord Culpeper to the King. On petition 
of Henry West of Virginia, Planter, referred to him as Governor of 
that Colony by an Order in Council. That, upon the best informa- 
tion he can obtain from Colonel Moryson and others, inasmuch as 
the Petitioner came voluntarily in to submit himself in the time of 
the late rebellion, he conceives him a fit object for His Majesty's 
compassion and pardon, and to have liberty to return home to his 
wife and children in Virginia. Endorsed, " Rend 22d of Feby. 
1678." 1 p. [Col. Papers, Vol. XLIL, No. 33.] 

614. Minutes of the Council of Antigua. Address of the Judges 
and Council to the Assembly. Have this day perused a letter from 
His Excellency intimating a great suspicion of a war with the 
French, and commending to their consideration, to consult the 
preservation of the Leeward Isle?, and in particular St. Christopher's, 
as most subject to innovation, and that some secure plot of ground 
be fortified for the preservation of women, children, and impotent 
persons. Answer of the Assembly, Desire that the island maybe 
furnished with ammunition and good arms, in readiness to attend 
His Excellency's commands, and that two of the Council be 
appointed to join with three of the Assembly to view a place for a 
fortification, arid that, negroes be appointed to attend them. Con- 
ceive that one negro in 20 may be sufficient for the work. That 
the Commanders with one of the Assembly should make a just list 
of every able working slave in their divisions, the public work to 
be satisfied out of the public stock, Ordered, by reason of a 



220 



COLONIAL PAPERS. 



Feb. 25. 



Feb. 27. 

Whitehall. 



1678. 

disrepute cast on the common stock of this island, that the Treasurer 
bring in their account of debt and credit against next meeting, that 
a course may be taken to prevent the like disrepute for the future. 
1 p. [Col. Papers, Vol. XXV., No. 55* p. 759.J 

615. Colonel Francis Moryson to Samuel Wiseman. Sends 
Colonel Jeffrey's letter about Beverley and Ludwell (see ante, 
No. 541). They will never be other than mutineers and will 
undoubtedly cause new disturbances in the country as soon as the 
soldiers are gone. Replies to Beverley 's accusations against the 
Commissioner's proceedings ; believes that those two by their 
advice to Sir William Berkeley occasioned the civil war " which 
had never been if that fatal petition of Gloucester had not been 
prosecuted." Shall think it hard to be forced to take a journey 
to charge so inconsiderable fellows. Hopes their Lordships will 
think the trust too great to be questioned by a pirate, and such a 
contemptible fellow as LudweH. That they may stand committed 
until Governor Jeffreys comes home to bring his charge against 
them. 1 p. [Col Papers, Vol. XLL, No. 138]. 

616. Warrant to Heneage Lord Finch, Lord Chancellor. 
Approving thirty-nine laws of Jamaica, the titles of which are 
specified, and ordering that he immediately pass them under the 
Great Seal of England. Countersigned by Secretary Coventry. [Col. 
Entry Ms., Vol. XCV., pp. 240-42, and Vol. CX.,pp. 122-124.] 

Feb.-April. 617. Three Acts, passed in the island of Montserrat, viz., An 
[Montserrat] Act prohibiting the importation of Fayal wine and all liquors to 
be entered before landed, and an impost on the same (expired). 
An Act confirming levies formerly raised, treasurer's notes to be 
accepted, minister and clerk's salary and cattle trespassing (expired), 
passed 18 February 3678. An Act about contracting marriages, 
and the Governor, Secretary, and Marshal to be free from all taxes. 
Passed 2 April 1678. [Col. Entry Ms., Vol. L., pp. 229-236, and 
printed in Vol. LV., pp. 33, 34.] 

March 1. 618. The King's Commission to Charles, Earl of Carlisle, ap- 
Westmiuster. pointing him Governor of Jamaica. [Col. Entry Bks., Vol. XXIX., 
pp. 198-214, and Vol. XCV., pp. 247-254.] 

March 4. 619. Colonel Moryson to Samuel Wiseman. Thinks Colonel 
Jeffreys must think him in love with business or would never write 
that he intended to send Moryson the charge against Ludwell and 
Beverley ; the Commissioners are ignorant of what has passed in 
Virginia since their coming away, therefore, if the Governor charges 
them he must make the proofs. Because he was once employed in 
Virginia, sees no reason that any affairs of that place must still 
require his attendance. Desires him to put in a memorial that the 
Commissioners have done nothing more than what was enjoined 
both by their Commission and Instructions. If they had counten- 
anced the unjust and rigorou courses against those His Majesty 



AMERICA AND WEST INDIES. 221 

1678. 

pardoned, three parts of the country would have been plundered 
after their coming in. Begs he will discourse with Sir Thomas 
Dolman and say it is Mory son's opinion that if all former actings 
be not buried in oblivion, new disturbances will arise, now the 
soldiers are drawn off. The party likely to be persecuted is six 
times the number of the other, and take away 30 or 40 gentlemen, 
and the rest deserve more punishment for deserting the King's 
Governor, than others that stayed at home and followed not the 
Governor to Accomack. 1 p. [Col. Papers, Vol. XLI., No. 138.] 

March 5. 620. Minutes of Council of St. Christopher's. That a larger 
St. Christopher's. SU pply o f workmen be employed to finish the fortification on 
Cleverley Hill ; all hands in two parishes at a time, any white 
person neglecting to be amerced 500 Ibs. of sugar, and for every 
negro kept back 300 Ibs. to be paid by the owner. Nine vessels to 
be pressed to bring the cannon at Stones Fort and the old road to 
the new fort at Cleverley Hill. Ordered that Major Roger Elrington 
and Captain James Phipps make search amongst all the merchants' 
warehouses for gunpowder and secure it in the magazine and pay- 
ment made for what shall be used by the public at the country's 
charge. And that all carts on the plantations lying convenient be 
pressed to transport the ammunition and artillery from the old 
fort to the new fort. The Assembly being assembled the Governor 
and Council proposed the laying in a stock of provisions in Cleverley 
Hill Fort. The Assembly voted 40,000 Ibs. of sugar for that 
purpose to be levied on all slaves from 14 years old and upwards, 
to be laid out by four discreet gentlemen. Forty pounds of sugar 
per poll to be levied on said slaves in consideration that the next 
levy be made only on the whites not to exceed 20 Ibs. of sugar per 
poll. Ordered that an Act be forthwith made for said levy, and to 
be paid to William Colhoun at Sandy Point, Lieutenant-Colonel John 
Estridge, and Captain Joseph Crispe, of the Council, and Thomas 
Soley and William Colhoun, of the Assembly, to see to the disposal 
of the goods hereby raised. [Col. Papers, Vol. XXVIII., No. 69, 
pp. 18, 19.] 

March 6. 621. Secretary Coventry's Minutes about the new levies [for 
Virginia]. The King to allow 20s. a man for levy money, that is 
100?. a company. Two papers. [Col. Papers, Vol. XL II., 
Nos. 34, 35.] 

March 11. 622. Minutes of Council of Jamaica. Piesent, Governor Lord 
Port Royal. Vaughan and Sir H. Morgan, Colonels Thomas Freeman and 
Thomas Fuller, Lieutenant- Colonels Thomas Ballard, Robert Byml- 
losse, :md Samuel Long, John White, and John Ball. The Governor 
communicated that if he had not been so much indisposed in hia 
health of late he would have had frequenter meetings. Account 
of moneys in the collector's hands issued out for the fortifications 
and other contingencies, the forts all perfectly repaired and well 
finished. No quit-rents received by the Governor since March 
1676, nor has he received one farthing from any public revenue 



222 COLONIAL PAPERS. 

1678. 

towards his support and charge of Government since April last, 
but now intending to embark for England very speedily, he has 
delivered to Sir Henry Morgan, Deputy Governor in his absence, 
attested copies of his Commission and Instructions and other papers 
necessary for the administration of Government. His private fortune 
was much impaired, but he should depend upon his Majesty's bounty. 
Captain Wilson and John Crompton sent for and ordered to bring 
in their books ; balances in their hands, Captain Wilson's account of 
the impost money entered at large, according to order. [Col. Entry 
Bh, Vol. XXXV., pp. 641-645.] 

March 15. 623. The past and present state of the Leeward Islands. When 
(Received.) j n I6(j6 His Majesty's declaration of war against the French came 
to the islands, Watts, then Governor of St. Christopher's, more 
generous than prudent, gave the French three days' notice for 
submission, but they fell on the English and forced them to submit, 
becoming masters of the whole island. Francis Lord Willoughby 
came from Barbadoes with a fleet, but perished in a hurricane near 
Guadaloupe with most of his men. Not long after Monsieur de la 
Barre attacked Antigua and forced them to capitulate, and then 
made themselves masters of all the said islands, disarming the 
inhabitants, carrying away their negroes and every thing of worth, 
destroying their sugar works and cattle, exposing them to the 
cruelty of the barbarous Indians who accompanied them in taking 
said islands. The Dutch, coming from the taking of Surinam, 
joined with the French, but Sir John Berry engaged them so 
smartly they were forced to retreat from Nevis and Antigua, and 
Montserrat soon after returned to their obedience to His Majesty. 
After the fight by Nevis the French never more appeared in those 
seas during that war. St. Christopher's, being much depopulated 
by the French, is at present far inferior to them in number, and in 
great danger, in case of a breach with France, of being taken again. 
Antigua and Montserrat are in a fine thriving way again, but 
weak as to their defence. Necessity of guarding Nevis the most 
considerable of all. Those who are masters at sea in those parts 
may upon occasion take all these islands. He that gives the first 
onset may easily master St. Christopher's if anything equal in 
strength. Experience of the late war hath shown that he that is 
first ready and strikes hath great advantage, as the French had 
then. Great trade of the Leeward Islands, they trade yearly some 
200 ships with sugar, tobacco, and indigo, considerable to His 
Majesty's customs. The islands may moderately be estimated to be 
worth one million sterling, and the loss of them may endanger 
Barbadoes. If a war be designed a good squadron of ships with 
some forces should attack first and attempt the conquest of all the 
French islands. Marigalante and the Saints near Guadaloupe, both 
small islands, the first may have 250, the other some 80 men ; 
Guadaloupe and Grancera about 1,500 men ; St. Christopher's 
some 1,200 men ; St. Bartholomew some 200 men ; St. Martin the 
same ; St. Croix cannot exceed 300 or 400 men. The strength 

O 

upon the English islands, Antigua, the largest, about 1,300 or 



AMERICA AND WEST INDIES. 



223 



1678. 

1,400 men; Montserrat some 1,200 men; St. Christopher's, 400, 
besides His Majesty's two companies of soldiers ; Nevis some 1,600 
or 1,700 men ; St. Eustatius some 80 men ; Anguilla 150 men. A 
present supply of four or five ships of war, with 500 or 600 soldiers, 
would be a great encouragement to the inhabitants until more ships 
and men can be sent. " Received from Mr. Freeman and presented 
to the Lords 15 March 1677(-8)." 6 pp. [Col. Papers, Vol. XLIL, 
No. 36.] 

March 19-28. 624. Journal of Assembly of Barbadoes. Ordered that John 
Hallett, Treasurer, do cause to be put on board the first ship or 
ships so much of the first of the public sugars as may reasonably 
be computed to make in England 1,500. sterling, and consign to 
whom his Excellency thinks fit far payment of 1,200 firelocks and 
200 carbines, with cartouch boxes, belts, and swivels. An Act to 
repeal an Act to prohibit the bringing heading and timber from 
Surinam, read second time. An Act to continue the Act of the 
Militia, read first time. An Act to continue an Act to prevent the 
people called Quakers from bringing negroes to their meetings, 
passed. It having been noticed that Solomon Eccles and other new 
comers to this country frequently teach and preach at Quakers' 
meetings, contrary to an Act of this island, ordered that John 
Hallett, Treasurer, employ an attorney to prosecute, according to 
said Act, said Eccles and others upon account of the public. Every 
member of this House not appearing to-morrow morning to pay five 
shillings. 

March 21. Orders for getting in arrears of taxes made since 20th March 
1671 by the gentlemen of the Assembly in their respective parishes, 
and in default themselves to be charged with and liable to make 
satisfaction out of their own estates. Act to continue the Act of 
Militia, passed. Acts to be drawn for raising a sum of goods for 
carrying on the fortifications. Ordered that John Higinbotham, 
Clerk of the Assembly, be paid his salary of 10,000 Ibs. of sugar 
for six months. 

March 27. Acts against Quakers, for the Militia, and for the fortifications, 
passed. Ordered that John Hallett buy iron or other shovels not 
exceeding one thousand, to be had in shops or houses. Other Acts 
passed. 

March 28. Ordered that the Commissioners appointed for repair of the 
Indian Bridge and other repairs have power to accept voluntary 
subscriptions for same. The House moves his Excellency that no 
ships in the road be permitted to leave the island till he has news 
from England, and for safety that they be drawn into Carlise Buy. 
Petition of the Representatives to Governor Atkins against the 
practice of molesting and disquieting His Majesty's subjects traders 
to this island, on pretence of the Acts of Trade and Navigation, 
who have been condemned in the Court of Admiralty, when by law 
informations upon penal statutes ought to be brought to the Courts 
of Common Law. Ordered that the Commissioners for repairing 
and finishing the fortifications be empowered to make payment for 



224 COLONIAL PAPERS. 



1678. 



same as herein directed. Adjourned to 16th April. [Col Entry 
BL, Vol. XIII., pp. 297-306.] 



March 20. 625. Journal of Lords of Trade and Plantations. That a letter 
Whitehall. was this day received from Colonel Moryson to Sir Thomas Dolman, 

enclosing abstract of letters from Colonel Jeffreys to Colonel 

Moryson. [Col. Entry Bk., Vol. CV., p. 223.] 

[March 22.] 626. Petition of Thomas Martin, Receiver in Jamaica, to the 
Head. King. That notwithstanding His Majesty's letter to Lord Vaughan 
(see ante, No. 416) Petitioner is still detained prisoner in the gaol 
of St. Jago de la Vega. Prays for such further orders for his 
release as shall seem meet. " To be released. Read March 22, 
1678." Annexed, 

626. I. Order of the King in Council. That the Earl of Carlisle, 
Governor of Jamaica, do on his arrival cause Petitioner 
Thomas Martin to be forthwith discharged from his 
confinement and restored to the full enjoyment of his 
office. 1678, March 27. [Col. Papers, Vol. XLIL, 
Nos. 37, 37 L] 

March 22. 627. Journal of Lords of Trade and Plantations. Notice taken 
of a paper presented by Mr. Masou and received on the 21st instant 
from Mr. Secretary Williamson about New England, but by reason 
of Mr. Secretary's absence nothing is resolved thereupon. [Col. 
Entry Bh, Vol. CV.,p. 224.] 

March 25. 628. Lords of Trade and Plantations to the Earl of Carlisle, 
Whitehall. Governor of Jamaica. Recommend to him several heads of inquiry 
concerning Jamaica to which they expect his answer, and require 
him from time to time after his arrival to send clear and full 
accounts of the state of the island. Mem. The inquiries were 
such as were sent to Lord Vaughan, those being left out upon 
which their Lordships were sufficiently satisfied. [CoL Entry 
Ms., Vol. XXIX., pp. 194-196, and Vol. CV., p. 227.] 

March 25. 629. Robert Mason to Lords of Trade and Plantations. 
Mr. Gorges has sold the Province and Government of Maine to the 
Boston agents notwithstanding his often offers to His Majesty and 
His Maiesty's seeming inclinations of buying the Province. Has 
lately had overtures made for his Province ; has hitherto declined 
the thoughts of a treaty (although for many years oppressed by the 
Massachusetts Government) in confidence that the King himself 
will do him right by establishing his Royal authority in New 
England. Underwritten, " Read March 25 at Comfee. No further 
consideration had of the Province of Maine. This was rejected. 
Read again ye 28, and ordered that His Matie be again moved in 
Council on this matter." 1 p. [CoL Papers, Vol. XLIL, No. 38.] 

March . 630, Petition of William Hou[gliton and] Peter Bulke[ly] to the 
Lords of Trade and Plantations. Pray their Lordships to appoint 



AMERICA AND WEST INDIES. 



225 



1678. 

some short day for reading their petition and hearing Petitioners. 
Underwritten, "Read at Comtee. 25 and 28 March 1678." I p. 
[Col. Papers, Vol. XLII., No. 39, and Col. Entry Bk., Vol. LX. % 
p. 247.] 

March. 631. Petition of Edward Randolph to the Lords of Trade and 
Plantations. Has attended His Majesty and their Lordships upon 
the business of New England for 18 months. Prays their Lord- 
ships to signify whether his attendance may be further serviceable, 
wherein he hath many material things yet to offer, or if otherwise 
to report his faithful endeavours and great pains to His Majesty, 
having been forced to lay aside all thoughts of his private concerns 
that he might be the better at leisure to serve His Majesty. [Col. 
Entry Bk., Vol. LX., p. 248.] 

March 25. 632. Journal of Lords of Trade and Plantations, On reading 
petitions of William S tough ton and Peter Bulkeley, and of Edward 
Randolph, and hearing several of the allegations on both sides, the 
Committee order a copy of Heads of Inquiry concerning His 
Majesty's Plantations to be adapted to the colony of Massachusetts, 
and delivered to the agents for them to return an answer thereto ; 
and as the agents declare that they are possessed of a copy of 
Mr. Randolph's narrative to the Committee, and are ready to 
discover several falsehoods therein, their Lordships direct the 
agents to prepare their answer in writing and to attend on the 28th 
instant. Mr. Randolph praying the Committee to signify whether 
his attendance be further necessary or to report his faithful service 
to His Majesty, their Lordships, seeming well satisfied with his 
past service, and taking notice that he has many material things 
yet to offer, direct that he take a view of the papers formerly given 
in by him, and of those delivered by the agents, and draw up a 
paper containing all such new matter as he shall think fit to 
present. The order and inquiries delivered to Mr. Bulkeley. 
Answer of the Judges of the Admiralty in the case of the Sherrard 
referred 26th January, read, dated 2nd February, to the effect that 
(1.) No prince in war can prohibit his allies to trade with his 
enemies except in goods accounted contraband, or such as are for 
the support of the war, or encouragement of the enemy, which 
may be confiscated, if there be no Treaty providing for their freedom. 
(2.) The prohibition must be proclaimed, and a convenient time 
allowed for it to arrive to the knowledge of those whom it is to 
affect, and it is agreeable to the law and practice of nations when 
a neuter trades with a nation at war with another in goods not 
expressly contraband, but such as may be judged by the other 
nation to be advantageous to the enemy, to send over agents to 
expostulate the case of such trade, and give them notice to desist 
from carrying such goods under pain of confiscation. (3.) Know of 
no such ordinance in France, and, if any such be, it cannot operate 
against His Majesty's subjects so as to justify their c ipture and 
confiscation, for, if they were really bought and paid for, she cannot 
by the Law of Nations be condemned, although she was takeu 

y 83073, 



COLONIAL PAPERS. 

1678. 

before she touched in an English port. [Col. Entry Bk., Vol. CV., 
pp, 225, 226, and pp. 228, 229.] 

March 26. 633. Answer of Charles Lord Baltimore to the Inquiries concerning 
London. Maryland presented to Lords of Trade and Plantations on 26th 
March 1678. Original grant of King Charles I. to his father. The 
making of laws. Courts of judicature. The records are in the 
Province, " and necessarily remaining there," copies would make a 
long and tedious volume. Laws generally temporary, and continue 
only for three years. Where the exigencies of the Province do not 
force any particular laws to be made no other laws are used than 
those of England. Concerning the castles and forts and trained 
bands ; three troops of horse, about 180 in all. Does not know of 
any privateers or pirates frequenting the coasts. Their neighbours 
either English or Indians. The English know their own strength 
of which he can give no account. The strength or number of their 
Inilian neighbours is not considerable, as they live under several 
distinct governments, some having two hundred, some three, some 
five hundred subjects, generally a good correspondence with all. 
The more remote Indians more numerous, but their strength cannot 
be guessed. Their trade not considerable ; they are generally an 
idle people who take no care for anything but food which they gain 
by hunting and fishing, and sometimes they sell to the English 
skins which is their only commodity. The boundaries, &c., well 
net forth in a map of Maryland lately made by Augnstin Herman, 
an inhabitant, and printed and sold in London by His Majesty's 
license (see a previous volume of this Calendar, 1674, No. 1210). 
Impossible to give the number of acres patented and settled or 
unsettled. The principal town called St. Maries, where the 
Assembly and Provincial Court sit, and where all trading ships in 
the first place resort. Description of St. Maries, not above thirty 
houses, and those at considerable distances from each other. The 
Province very mean and little, and generally after the manner of 
the meanest farmhouses in England ; no other places can be called 
towns. Reasons why hitherto they have been only able to divide 
the Province into counties without making any sub-division into 
parishes or precincts. The only considerable commodity is tobacco ; 
the customs amount as near as he can guess to more than 40,000. 
per annum, more than double the amount the planters receive for 
their commodity. The commodities imported are all manner of 
cloths and other necessaries for wearing, also iron tools, given in 
exchange for tobacco. The imports arise to near the value of the 
exports. Does not know of any saltpetre produced or produceable. 
Whereas in many other parts of America they refuse (out of 
covetousness) to permit negroes and mulattos to be baptized out of 
an opinion that baptism is a manumission, and the same thing as if 
their servants were dead, and this opinion beginning to take place 
in Maryland, a law was made to encourage the baptizing of them, 
by which it is declared that as in former times the baptizing of 
villains in England was not taken by the law of England to be a 
manumission in enfranghisiny the villains, SQ neither ghall it be la 



AMERICA AND WEST INDIES. 22? 

1678. 

this Province as to negroes or mulattos ; and there have been found 
good effects from this law, all masters since having been willing to 
instruct those kind of servants in the faith of Christ, and to bring 
them to desire and receive baptism. Reasons against the making 
such scrutinies as their Lordships require which would certainly 
either endanger insurrections or a general dispeopling of the Province 
which is at present in great peace and quiet, all persons being 
secured to their content of a quiet enjoyment of everything that 
they can reasonably desire. Reasons why such scrutinies would 
be dangerous. His father had absolute liberty to carry over any 
from His Majesty's dominions willing to go, but he found very few, 
but such as for some reason or other could not live in other places, 
and could not conform to the laws of England relating to religion ; 
these declared their willingness to plant in this Province if they 
might have a general toleration settled by a law by which all of all 
sorts who professed Christianity in general might be at liberty to 
worship God in the manner most agreeable to their conscience 
without being subject to any penalties. These were the conditions 
proposed, and without the complying with them in all probability 
this province had never been planted, All the planters in general 
affect the style of merchants, because they all sell tobacco, and their 
chief estates is the number of their servants, who serve generally five 
or six years, and then become planters and call themselves merchants. 
They are generally poor, their commodity only tobacco, not selling 
for more than Is. per Ib. Can give no probable guess of the number 
of masters or servants, nor of the number imported for any time, 
but are generally English and Irish. No certain answer can be 
given as to the number of vessels trading, not any of the build of 
this Province, the only certain course to know their number is by 
inquiry at the several ports of England. The greatest obstruction 
to trade is the late Act of Parliament for navigation. Does not 
conceive that their Lordships intend to make inquiry into or expect 
from Lord Baltimore a particular of his own rents, and what is his 
property and revenue. All public rates are laid by the General 
Assemblies who consider what is fit to be raised and how to raise 
it, but being always various and uncertain, it is impossible for him 
to give any certain account of them or of their various applications. 
Signed. [Col. Papers, Vol. XLII., No. 40, and Col. Entry Eks. t 
Vol. LII., pp. 35-45, and Vol. CV. t p. 224.] 

March 26. 634. Minutes of the Council of Antigua. Present, the whole 
St. John's. Council and 18 of the Representatives. Ordered, that four of the 
Assembly and two of the Council forthwith audit the country 
accounts ; that the gentlemen of the Assembly in their respective 
divisions be appointed to receive the public stock for the future, 
and to have for their pains what the former Treasurer had ; that a 
speedy reparation of the forts of Falmouth and St. John's be made, 
and all the great guns in the island mounted ; that no order be 
issued for payment of any public debts till the ammunition be 
satisfied for, except what is due to the forts j that in compliance 
with his Excellency's request a shallop be provided to give iu- 

i' I 



COLONIAL PAPERS. 



1678. 

telligence ; that storehouses be set up as formerly in each division, 
good security taken for each storekeeper, and the most eminent 
men in each division appointed surveyors of the same. That war- 
rants be issued to the constables to bring in lists as usual in order 
to levying the common stock, and that thereupon orders be sent to 
the Assembly men in each division to collect the same. That, as 
the levy and arrears will fall short of defraying their debts, besides 
the great charge of making provision for the supposed approaching 
war, one Ib. of sugar or tobacco per acre on all Innds laid out be 
added to the above levies, and that the same continue no longer 
than this year. 1 p. [Col. Papers, Vol. XXV., No. 55*, p. 760.] 

March 27. 635. Order of the King in Council. Approving reports of Lords 
of Trade and Plantations on an Act of Jamaica for confirmation 
of pious charitable and public gifts and grants and directing 
Secretary Coventry to prepare a Warrant for the immediate 
passing of said law under the Great Seal of England. Annexed, 

635. I. The above Act. Endorsed, " Read in Council and 
approved 27 March 1078." 2 pp. [Col. Papers, 
Vol. XLII., No. 40 L, and Col. Entry Bk., Vol. XXIX., 
pp. 196, 197.] 

March ? 636. Petition of Ferdinando Gorges, Agent for Colonel William 
Stapleton, Governor of the Leeward Islands, to the King. That 
His Majesty has allowed Colonel Stapleton 700/. per annum as 
Governor, and also to establish two companies of foot in St. Chris- 
tophers with 2,7 7S. 10s. 8d. pay per annum none of which has 
been paid since June 1671, whereby the soldiers are reduced to 
great necessity. The French have seldom less than six ships of 
war, and have lately sent ten companies of old soldiers well clothed 
and paid. Fears His Majesty's service and interest in those parts 
will be injured if not timely prevented. Prays His Majesty to do 
therein as shall seem most agreeable to His Majesty's service. J p. 
[Col. Papers, Vol. XL! I., No. 41.] 

March 28. 637. Representation of William Freeman to Lords of Trade and 
(Received.) Plantations. Has received instructions from Colonel William 
Stapleton, Governor of the Leeward Islands, to represent the 
great fears and dangers the inhabitants of those islands are 
apprehensive of, by reason of the great force and naval strength of 
the French in those parts. That it l>e represented to His Majesty 
they are altogether unprovided against such great forces, and to 
beseech His Majesty to send timely assistance of land and sea forces 
as may fully protect them. The ruin to the inhabitants, trade, 
and His Majesty's customs in case the French should make them- 
selves masters of said islands. " Rec. 28 March 1678." li pp. 
Annexed, 

637. I. An estimate of the stores needful to be sent to the 
Leeward Isles. "Rec. from Mr. Freeman !> April 1678," 
1 jj. [Col. Pope/-*, Vul. XLll. t NQS. 42, 42 i.J 



AMERICA AND WEST INDIES, 



220 



1678. 

March 28. 638. Memorial of the Ambassador of the States General of the 
United Provinces to the King. That seventy negro slaves belonging 
to the Admiralty of Amsterdam as masters of Tobago, hid in a 
wood after the French had abandoned said island, were removed 
and delivered to Governor Stapleton, and because the English can 
have no right to said slaves by reason the French made, but a 
temporary invasion without settling themselves or ever seizing said 
slaves ; prays that Governor Stapleton m;iy be ordered to restore 
them or the money they have been sold for. French. Annexed, 

638. I. Order of the King in Council. Referring above petition 
to Lords of Trade and Plantations for their report what 
they conceive fit for His Majesty to do. Whitehall, 1678, 
April 5. Two papers. [Col. Papers, Vol. XLII., Nos. 43, 
43 i. ; and Col. Entry Bh, Vol. XLVL, pp. 271, 272.] 

March 28. 639. Sir Robert Southwell to the Attorney and Solicitor General. 
In accordance with their Lordships' direction of 27 July 1677, they 
are to examine the Massachusetts Charter as to whether the autho- 
rity of the Crown be sufficiently preserved, as it may be more 
advisable to try them according to the Rule of the Charter than 
wholly to overthrow it by what Mr. Mason alleges sufficient to that 
effect ; that it be observed how far their power of legislation 
and taxation extends, especially on trade, which if abused might 
affect the course of trade in other of the King's dominions. Copy 
of Charter enclosed to be returned with their opinion. 2 pp. [Col. 
Papers, Vol. XLII., No. 44.] 

March 28. 640. Journal of Lords of Trade and Plantations. The Boston 
agents having declared that they were possessed of the Narrative 
of the State of New England presented by Randolph to the Com- 
mittee in pursuance of his instructions of 20 March 1676, and the 
clerks disowning knowledge of it, the agents were interrogated and 
declared that they had it from a private hand, and being pressed to 
know the hand said they had received it 6 months since from 
Mr. Mason, who, being asked by what authority he had given a 
copy and how he himself came by it, answered that he thought 
himself a party concerned in the matter and had assisted Randolph 
in drawing it up and gave a copy to the agents because he had 
heard from Wade, a servant of the Lord Privy Seal, that another 
of the servants had made a copy for them ; therefore, he was 
willing to give it them without fault or mistake, but they affirmed 
that they had not had it before, but acknowledged to have sent a copy 
to New England. Upon which their Lordships think fit to report 
the state of the case to the King, to know whether it is his pleasure 
that an attested copy should be given to the agents for them to 
answer the particulars thereof. Mr. Stoughton, one of the Agents 
of New England being interrogated if they had not desired 
Mr. Blathwayt to give a copy of Lord Carlisle's Commission and 
Instructions, said he had not desired to see the Instructions but 
only the form of a Commission out of curiosity. Upon reading 
again Randolph's petition their Lordships agree to report to His 



COLONIAL PAPERS. 

1678, 

Majesty in favour of him as a fit person to be Collector of Customs 
in New England, or deserving some other reward for his services. 
[Col Papers, Vol. XLIL, No. 45 ; also Col Entry Bk, Vol., CIV., 
pp. 231, 232.] 

March 30. 641. The King's Instructions to Charles, Earl of Carlisle, 
Whitehall. Governor of Jamaica. On his arrival to call a meeting of the 
Council, by name Sir Henry Morgan, Sir Francis Watson, Thomas 
Modyford Thomas Freeman, John Cope, Robert Byndlosse, Charles 
Whitfield, Thomas Ballard, Thomas Fuller, William Fry, Hender 
Molesworth, John White, and Samuel Long, and with due solemnity 
to cause his Commission (see ante, No. 618), to be published at the 
said meeting. Not to express any limitation of time in hia com- 
missions to Judges and Justices of the Peace. In case of vacancies 
in the Council to transmit the names and qualities of the new 
members he appoints. Freedom in matters of religion and the 
oaths of allegiance, and supremacy to be dispensed with under 
certain conditions " but we oblige you in your own house and 
family to the profession of the Protestant religion." For the 
future no general assembly to be called without His Majesty's 
directions. Drafts of Acts he thinks necessary to be passed to be 
transmitted to His Majesty. Has ordered to be delivered to him 
a certain body of laws for the use of Jamaica, framed in pursuance 
of other laws transmitted by former Governors with such alterations 
and amendments as we have thought fit, which he shall offer to the 
next Assembly that they may be enacted as laws originally coming 
from us. Nevertheless, in case of rebellion, invasion or some urgent 
necessity, he may pass Acts to raise money. The present style of 
enacting laws by the Governor, Council, and Representatives of the 
Commons assembled to be converted to, Be it enacted by the King's 
most Excellent Majesty by and with the consent of the General 
Assembly. To demand an account from Lord Vaughan how the 
arms, ammunition, and stores have been employed. In case of 
distress to assist any of the Plantations on application of their 
several Governors. As to trade and duties upon imports and 
exports, and supply of negroes at merchantable rates. To send 
account of number of planters and inhabitants. To appoint markets 
and fairs, and cause surveys to be taken of the considerable landing 
places and harbours. To inform himself what hath been done 
concerning the setting apart of 400,000 acres for our Royal demesne 
suspended by His Majesty's instructions to Sir Thomas Modyford 
and Sir Thomas Lynch. To encourage the improving of cocoa 
walks and the plantations of sugar and indigo. Servants to serve 
their masters four years who, for every servant, is to have thirty 
acres of land, and said servants at the end of their term to have 
thirty acres. Offices held by the King's letters patent to be freely 
enjoyed and held without molestation. He is to take a salary of 
2,000?. sterling per annum, and the third part of fines, forfeitures, 
and escheats. The Lieutenant-Governor a salary of 600?. per annum, 
the Major-General 300?., and the Chief Justice 120?. per annum. 
I*o minister to be preferred to any Ecclesiastical benefice without a 



AMERICA AND WEST INDIES, 



March 30. 

Nevis. 



1678. 

certificate from the Bishop of London that he is conformable to the 
doctrine and discipline of the Church of England. No Councillor 
suspended to be received into the General Assembly. [Col. Entry 
Bks., Vol. XXIX.. pp. 216-241 ; and Vol, XCV., pp. 255-267.] 

642. Governor Stapleton to Lords of Trade and Plantations. 
The report of war with France is so fresh that he has no time 
to comply with their Lordships' commands. Is night and day 
at the sea side with all the white men in arms, and some negroes 
with lances, and all the rest completing our trenches. Expects the 
French Admiral to pass by or attack them ; it is likelier he will go 
to St. Christopher's, where he has 1,200 buccaneers from Hispaniola. 
Cannot but sufficiently "admire" if there be likelihood of a 
breach; there are neither English nor Dutch squadrons to watch his 
designs, he has now 20 men of war besides 1 3 buccaneer vessels. 
Wishes it may not be said instead of sero sapiunt Phryges, sero 
sapiunt Angli. Although the lesser number and destitute of men 
of war, hopes they may preserve the King's right. Reasons for his 
not going to St. Christopher's. They may imagine under what 
burthen he groans for want of a squadron to relieve these islands 
which may be taken before he knows it. The Governments of 
Barbadoes and .Jamaica have not near the trouble, their forces 
being united. " Rec. 31 May." [Col. Papers, Vol. XLIL, No. 46, 
and Col. Entry Bks., Vol. XLVL, pp. 300-302 and Vol. CV. 
p. 258.] 

643. Estimates of the charge of transporting to Jamaica two 
hundred soldiers with two hundred and foHy tons of stores, 
ammunition and other goods, with the Earl of Carlisle going over 
as Governor. Signed by Finch, C., Monmouth, Anglesey, S. Pepys, 
and others. Three papers. [Col. Papers, Vol. XLIL, Nos. 
47, 48, 49.] 

644. Information of Thomas Grendon, of Charles City county, 
on behalf of the King, to Governor Herbert Jeffreys. Against 
Edward Hill and John Stith for their wicked designs against the 
people of Charles City county, maligning the King's Commis- 
sioners and publicly declaring they have done what they could not 
answer. 3 pp. [Col. Papers, Vol. XLIL, No. 50.] 

March-Sept. 645. Four Acts passed in the island of St. Christopher's, viz. : 
. St - , An Act for the raising of 40 Ibs. of sugar per poll by all the 
1 working slaves in His Majesty's part of this island, 8th March 
1678. An Act prohibiting the transportation of anything tending 
to the making of sugar, indigo, or tobacco out of the English part 
of this island, or cattle, or horses, 30th September 1678. An Act 
touching tavern keepers and rum punch house keepers not to trust 
any person upon account for above 200 Ibs. of sugar before take a 
note (sic) for the same, 30th September 1678. An Act concerning 
debts made by account in this island that a lawful demand be 
made of the same within four years next after, 30th September 
1078. [Col Entry Bk., Vol, I., pp, 19-21.] 



March. 

Navy Office. 



March. 

Virginia. 



232 



COLONIAL PAPERS. 



1678. 
April 3. 

Port Koyul. 



April 4. 

Whitehall. 



April 4. 
Whitehall. 



April 5. 
Fort Royal. 



646. Minutes of Council of Jamaica. Present Sir Henry 
Morgan, and in addition to the Councillors named, ante No. 622, 
March, these four, viz. : Colonels Thomas Modyford, John Coape, 
and Charles Whitfield, and Captain Hender Molesworth. This day 
Sir Henry Morgan, took the oath of Commander-in-Chief, and the 
councillors also took their oaths to be true to him. No persons to 
have a ticket to leave the island except such as are necessary for 
sailing vessels. Upon apprehensions of a foreign enemy ordered 
that a council of war be called to consider the best means for 
securing this island, and that notice be given to the several field 
officers. [Col Entry Bk. t Vol. XXXV., pp. 646-647.] 

647. The King to Charles, Earl of Carlisle, Governor of Jamaica, 
Having lately received from John, Lord Vaughan, then Governor, 
certain Bills concerning matters necessary for the* good government 
of that island and having caused other Bills to be prepared likewise 
for the good government of Jamaica, we do by these present 
declare our approbation of same. Then follow the titles of forty 
bills which " We have caused to be affiled to these presents and 
our Great Seal of England to be affixed thereunto." He is directed 
to cause said bills u to be considered and treated upon in our 
General Assembly." And that to said Bills or such of them as 
shall be consented and agreed to, he declare the King's assent by 
virtue of these presents, his warrant in that behalf. [CoL Entry 
Bk, Vol. XLII., pp. 1-310.] 

648. Warrant declaring the King's approval of forty Acts for 
the good government of Jamaica received from Governor Lord 
Vaughan and prepared by His Majesty with the advice of His 
Privy Council under the Great Seal of England. Lord Carlisle is 
directed to cause said Bills to be considered by the General Assembly 
and to those consented to, to declare our Royal assent by virtue of 
these presents. Mem. This warrant passed under the Great Seal, 
18th April 1678. [Col. Entry Bk., Vol. XCV., pp. 283-285.] 

649. Minutes of a Council of War. Present, Lieutenant - 
General Sir Henry Morgan and seventeen other officers. The 
articles of war set forth by Governor Vaughan confirmed and 
ordered to be proclaimed, and that the common laws cease for 
twenty days. The oath to be administered at general trials or 
regimental courts martial. Ordered, that the colonels forthwith 
call regimental courts martial and publish the articles of war, 
exercise the companies, examine that they be well provided with 
arms and ammunition, and make a return to the Commander-in- 
chief. Ordered, that the captain of the fort make a return to the 
Governor of arms and ammunition in the possession of merchants 
on Port Royal. And that no water canoe land at Port Royal after 
ten at night till sunrise. The orders to be observed in case of a 
general alarm. Ordered, that the tenth negro of all negroes in the 
island be employed on the fortifications, all of which are specified 
in the several parishes. Orders for the patrol of Colonel Ballard 



AMERICA AND WEST INDIES. 233 

1678. 

and Captain Rymes' troop every night and for companies of men 
to wait every night at St. Jago de la Vega, at the Salt Pond, and 
at Port Royal. [Col. Entry Bk., Vol. XXXV., pp. 647-652.] 

April 5. 650. Minutes of Council of Jamaica. Ordered that an Assembly 
Port Royal, be convened on 10th June at St. Jago de la Vega; that procla- 
mation be issued that the Courts of Common Pleas do sit and 
adjourn io the usual times ; and that the public monies in Captain 
Beckford's bands be paid to Thomas Martin, the King's Receiver, 
and his receipt be Beckford's discharge. [Col. Entry Bk,, Vol. 
XXXV., p. 652.] 

April 8. 651. [Sir Robert Southwell] to Sir Edmund Andros. The 
Lords of Trade and Plantations being desirous to receive infor- 
mation concerning the present state of New England with which 
the neighbourhood of his Government of New York and frequent 
conversation cannot but have rendered him well acquainted, 
propound several heads of inquiry to guide him. The inquiries 
follow, seventeen in number. 4 pp. [Col. Papers, Vol. XLII., 
No. 51, and Col Entry Bk., Vol. LX., pp. 248-255.] 

April. 652. Answers of Sir Edmund Andros to the above inquiries 

concerning New England. As to boundaries, laws, population, 
standing forces, fortifications, correspondence with the French and 
Indians, cause of the Indian war, relations between New York 
and the other colonies, capacity for resistance, commodities, trade, 
customs, relations of the colonies to one another, disposition of the 
people towards the King, differences of religion, trade between each 
colony and New York. Endorsed, "Rec d 16 April 1678," Read in 
part, 16 May 1678. 3 pp. Printed in New York documents III., 
pp. 262-264. [Col Papers, Vol. XLII., No. 52, and Col Entry 
Bk., Vol. LX., pp. 259-255.] 

April 8. 653. Journal of Lords of Trade and Plantations. Their Lord- 
ships taking notice of the several parts of the business of New 
England, Mr. Secretary Williamson acquaints them that His Royal 
Highness, intending suddenly to dispatch Sir Edmund Andros to 
his Government of New York, had commanded him to attend their 
Lordships before his departure and give them the best informations 
he could on the state of New York and New England. Sir E. 
Andros is called in and informs the Committee of the state of New 
York, the boundaries, and how they were disputed and a great 
part of the country possessed by Connecticut, whereby great 
animosities had arisen much to the prejudice of His Majesty's 
affairs. He also takes notice of the violent proceedings of the 
Boston magistrates in the Indian War, their neglect of the matters 
he moved them in for a more timely suppressing of the Indians, 
and receiving the assistance he was ready to give them by sending 
a considerable force, and by drawing the Mohawks to join against 
the enemies of the Colonies, in acknowledgement whereof they had 
published in printed books, and in their Manifesto of War, that 



234 COLONIAL PAPERS. 

1678. 

the Indians had been recruited with ammunition from Albany and 
thereby had registered such a penalty on the inhabitants of his 
Government, that he has reason to fear that many may suffer on 
pretence of this crime, if they come within the reach of the 
Massachusetts ; whereas he made severe injunctions against 
furnishing the Indians with ammunition, that he is confident they 
had no sort of supplies from his Government ; he further sets forth 
how useful he had been to them in the final subduing their Indian 
enemies and settling of peace. Whereupon the Committee propose 
to move His Royal Highness that Sir E. Andros may give in some 
information touching New York on the General Heads of Inquiry, 
which are usually sent to the Plantations. As to New England, 
particular Queries are ordered to be prepared. Their Lordships 
having read the heads of business depending, propose to go on with 
the first, i.e., to give their opinion on Mr. Randolph's objections, 
and the agent's answer. On the first head, their Lordships were 
positive that the Oath of Allegiance ought to be given in New 
England without any mixture of fidelity to that Government, 
and their Charter ties them also to the Oath of Supremacy. 
Mr. Randolph called in for his additional objections, but began 
with another matter, how one Mr. May could witness that the 
agents had discoursed the matter of his narrative long before the 
time they pretended to have had it from Mr. Mason ; Mr. May 
called in and swore to the same ; the agents denied positively that 
they had seen any copy till that which they had from Mr. Mason ; 
Mr. Mason said that Mr. Wade, a servant of my Lord Privy Seal's, 
commended to him exceedingly Mr. Randolph's narrative which he 
had seen, and Mr. Anslow, one of my Lord's servants, had copied 
it out, and the agents coming sometimes to my Lord's house he 
concluded that they had seen the narrative, because they could so 
well discourse the matter of it, and therefore he lent them a copy ; 
Mr. Wade denied that he said any such thing. The agents alleged 
that they might discourse of several things, because Mr. Mason had 
spoken freely to them, and they had often attended the Committee 
and heard objections. Mr. Randolph enumerated several of their 
discourses to convince them that they had an earlier knowledge of 
his narrative than in July or August last, when they own to have 
had it only from Mr. Mason, and assured their Lordships of great 
detriment likely to follow in New England upon several loyal 
persons by reason of the character he had given them and his 
discourses with them, and prayed that His Majesty be moved to 
forbid any detriment to those persons. The Agents press to have a 
former petition of theirs read, referred to the Committee by order of 
23rd January, for a grant of the Government tract of land that by 
the Judges' report belonged to Mr. Mason ; which was read. 
Mr. Randolph opens unto their Lordships, pursuant to an order 
of 25th March, his new charge against the Massachusetts, for the 
extension of their bounds, the neglect of His Majesty's commands, 
the discouraging of the Church of England, leaving great numbers 
unbaptised, and deprived of the Communion, limitation of the 
Government to Church members, and making all who refused to 



AMERICA AND WEST INDIES. 235 

1678. 

attend the public worship of God there established uucapable of 
voting in public assemblies, preference of their own laws to those 
of England, their obstinancy and refusal to come to any sort of 
amendment, they having only ordered the execution of the Acts of 
Parliament restraining their liberty of trade, and persuaded them- 
selves of the necessity of craving pardon, with resolution not to 
alter any essential part of their Government, a law re-enacting the 
oath of fidelity having lately been passed ; they had pretended 
ignorance of the Acts of Parliament and taxed His Majesty and 
ministers for not acquainting them therewith, although it appeared 
by an Act of their own in 1663 that they had received His 
Majesty's order ; they had made no order for the Oath of Alle- 
giance, so much pressed upon them, nor had they suspended the 
coining of money. The agents endeavoured to excuse what was 
alleged, and assured their Lordships that the allegation in the 
preamble of the New Law concerning Trade was an act of 
precipitation made just as the General Court was rising, and a few 
hours after the receipt of their letters, and as to the errors of their 
Government they had not received His Majesty's final commands. 
All parties being withdrawn, the Committee entered into a debate 
of the matter before them, and ordered the Minutes of 27th July 
and 2nd August to be read (vide under dates). Their Lordships 
observe that though the orders therein contained had been received 
eight months ago, and the Boston Government informed of them, 
no amendment followed, except a law concerning the Acts of 
Trade and Navigation, in which there was a preamble flatly 
declaring that they were never before advertised of His Majesty's 
pleasure therein, whereas it appeared by the Council Books that a 
circular letter was sent in 1662 enforcing the same, and by an Act 
of theirs in 1663 the receiving of orders is acknowledged, and 
instead of enjoining the Oath of Allegiance the Oath of Fidelity to 
the country had been enforced. Mr. Secretary Williamson pro- 
duced a paper of Minutes which he had himself taken, and 
confirming the Minutes in the Journal of the Committee, and 
particularly expressing that the agents had charged themselves 
with the care of communicating all to their principals. On the 
whole matter their Lordships very much resented that no more 
notice was taken of those points which were so fairly and with 
so much softness intimated to the agents, from whose modest 
deportment in general it was hoped there was a much more 
inclinable temper towards obedience in New England ; and were 
so far from advising His Majesty to grant them a pardon, much 
less the accession of Government petitioned for, that they are of 
opinion the whole matter ought seriously to be considered from the 
whole root, for if fair persuasions will not take place, neither will 
they take notice of commands, if nobody be there on the place to 
give countenance to His Majesty's orders, which none of the Lords 
inclined to think that nothing but the establishment of a govern- 
ment there will accomplish, yet all agreeing that it must be a 
Governor wholly to be supported by His Majesty, and such a 
government was what oven great numbers of the people there did 



236 



COLONIAL PAPERS. 



1678, 



April 9. 



April 9. 



April 12. 

Whitehall. 



April 16. 
Whitehall. 



languish after. Mr. Attorney and Mr. Solicitor are directed to 
examine the grounds of what has been some time objected : That 
the Massachusetts has no legal Charter at all, that in 1635 a Quo 
Warranto was brought against it, whether, if the Charter were 
originally good, the Corporation have by mal-administration 
forfeited the same. Mr. Randolph is appointed to attend with 
information. Memorandum. On the 17th Mr. Secretary William- 
son delivered to Sir Robert Southwell in Council a petition 
presented by Mr. Randolph in behalf of His Majesty's subjects 
under the Bostoner's Government, with directions that a copy be 
sent to the Agents and their attendance required on the 19th to 
give answer. The first part of this is printed in New York 
Documents ///., pp. 257, 258. [Col. Entry Bk., Vol. CV., 
pp. 233-245.] 

654. Petition of Sir Edmund Andros to the King and Privy 
Council. Notwithstanding his great services during the Indian 
war and his subjection of the Eastern Indians, and prohibition of 
the sale of powder and ammunition, the Massachusetts have in the 
Declaration of War, printed in the beginning of winter 1675, and 
in books of war, printed since, aspersed His Majesty's subjects at 
Albany with having recruited Philip and other Indians particularly 
with ammunition, and forborne to allege the least colour or give 
satisfaction for the imputation. On behalf of His Majesty's 
subjects at Albany and for securing them from the penalties which 
may be inflicted on them if found within the Masachusetts 
jurisdiction, prays that inquiry be made into the truth of the 
matter while the agents are yet attending His Majesty. En- 
dorsed, " Read in Council 9 April 1678." 1 p. Printed in New 
York Documents, Vol. III., pp. 258, 259. [Col. Papers, Vol. XLII., 
No. 53.] 

655. Copy of the preceding Petition. Also Order of the King 
in Council that copy of said petition be given to the Massachusetts 
agents, who are required forthwith to return their answer to this 
complaint, that thereupon His Majesty may declare his further 
pleasure. Printed in New York Documents, Vol. III., p. 259. 
[Col. Entry Bk., Vol. LXVIII., pp. 34-37.] 

656. Order of the King in Council. That copies of all charters 
and commissions as shall be found of use to the Lords of Trade and 
Plantations be .delivered to their Lordships without fees or charges 
except the labour of the clerks employed in the searches and 
transcribing said copies according to custom. [Col. Entry Bk., 
Vol. XGVII., pp. 54, 55.] 

657. The King to Lieutenant-Colonel Stapleton. There being 
some cause to believe that a breach may happen between us and 
the most Christian King which may occasion the invading of our 
islands in the West Indies, We have thought fit to give you 



AMERICA AND WEST INDIES. 237 

1678. 

warning to put the places under your command into the best posture 
you can. Adds these particular instructions. First, to consider 
whether by the strength at St. Christopher's, with assistance from 
Sir Jonathan Atkins from Barbadoes, he can get any considerable 
advantage upon the French, in such case as soon as war shall be 
known he shall attack them in the most vigorous manner he can ; 
secondly, if that cannot reasonably be undertaken, yet if His 
Majesty's subjects there are in a condition to defend themselves, 
to give them all assistance in so doing ; lastly, if he apprehends 
they are unable either to offend the enemy or defend themselves, 
then to take order for their timely withdrawing their persons and 
goods off the island to a place of better security. The management 
of these things is left to his prudent conduct. [Col Entry Bk., 
Vol. XCV., pp. 243, 244.] 

April 16. 658. The King to Sir Jonathan Atkins. It cannot be unknown 
Whitehall, to him that there may possibly be a breach with France, in which 
case hostility may arise with the French 011 St. Christopher's. 
Has written to Colonel Stapleton to borrow such assistance from 
Governor Atkins as may be needful, and hereby requires and 
authorizes him to furnish such proportion of men, ammunition, and 
other necessaries as Lieutenant-Colonel Stapleton shall desire, so far 
as the safety of Barbadoes will permit. [Col, Entry Bk., Vol. XCV., 
p. 245.] 

[April 16.] 659. "Heads of Inquiry to the Proprietors of the English 
Plantations delivered to Sir John Werden, Secretary to his Royal 
Highness for Sir Edmund Andross knt. Gov. of New York ;" 
also "The Answers to Inquiries made by Sir Edinond Andross, 
Goveinor there," under twenty-seven heads. [Col. Entry Bk., 
Vol. LXVIIL, pp. 18-33.] 

[April 16.] 660. Copy of the preceding Answers to Inquiries concerning 
New York. The Governor and Council not to exceed ten. Law 
and Admiralty Courts. The law-book in force was made by the 
Governor and Assembly at Hempsted in 1665 and since confirmed 
by His Royal Highness ; militia about 2,000, of which 140 horse, 
foot formed into companies most under 100 men each, indifferently 
armed, good firemen ; one standing company of soldiers for the 
forts, James Fort and Albany and Pemaquid, victualled for a year. 
No privateers about the coasts. Boundaries, neighbours, with whom 
they keep good correspondence, but differ with Connecticut for 
bounds and mutual assistance, which they nor Massachusetts will 
not admit. Most of the land taken up except on Long Island, 
New York, Southampton, and Albany, principal places for trade ; 
buildings most of wood, some lately stone and brick. Twenty-four 
towns, villages, or parishes. Rivers. Produce, mostly provisions 
and timber. No experience of saltpetre in large quantities. 
Merchants not many, but with inhabitants and planters about 
2,000 able to bear arms, old inhabitants of the place or of England, 
except in and near New York of Dutch extraction and some of all 



238 COLONIAL PAPERS. 

1678. 

nations, but few servants, much wanted, and but very few slaves. 
No persons to come from any place but according to Act of 
Parliament ; the plantation is these late years increased but not 
known how much ; some few slaves brought from Barbadoes, most 
for provisions, sold at 301. or 35?. country pay. Ministers so scarce 
and religions many that no account can be given of births or 
christenings, marriages, or burials. A man worth 1*0001. or 500?. 
accounted a good substantial merchant, and a planter worth half 
that in moveables accounted rich ; all the estates valued at about 
150,000?. Ten or fifteen ships a year, of about 100 tons each, may 
trade to the Colony, English, New England, and their own, of which 
there are five small ships and a ketch. Obstruction to trade the dis- 
tinction of colonies. Duties on exports, 2s. per hogshead of tobacco, 
Is. 3d. a beaver skin, and peltry proportionably : provisions and all 
else pay nothing ; imports 2 per cent., liquors particularly rated 
and Indian trade 3 per cent. ; some few quit rents and excise for 
retailing strong drinks applied to the garrisons and public charge, 
to which it has not hitherto sufficed. Religions of all sorts ; 
Presbyterians and Independents most numerous and substantial. 
The Duke maintains a chaplain, which is all the certain allowance 
or Church of England but people's free gifts ; all places obliged to 
build churches and provide for a minister, in which most very 
wanting, but Presbyterians and Independents desirous to have and 
maintain them if to be had. About 20 churches or meeting-places, 
above half vacant ; their allowance like to be from 40? to 70?. 
a year, with house and garden. No beggars, but all poor cared for. 
If good ministers could be had, might do well and gain much upon 
those people. Endorsed, "Reed, from Sir E. Andros 16 April." 
3 pp. Printed in New York Documents, Vol. III., pp. 260-262. 
[Col Papers, Vol. XLIL, No. 54.] 

April 16. 661. Journal of Assembly of Barbadoes. William Sharpe 
re-elected Speaker. Ordered that John Hallett. Treasurer, buy of 
Richard Seawell his great guns and shot and also great shot of 
other persons for the use of the country, and make payment out 
of the excise on liquors ; also to seize and pay for shovels, coals, 
and other necessaries for the fortifications, in whose custody soever 
that have them for sale, likewise pike staves at 18c?. each. Order 
on petition of Arthur Middleton for remittance of duty on Madeira. 
Act to prevent Quakers bringing negroes to their meetings passed, 
also an Act for repairing and finishing fortifications. On con- 
sideration of the approaching war with France the House " tender 
themselves and all the interest they have to your Excellency and 
Council in order to the security and defence of this His Majesty's 
Island," and request that a vessel be immediately dispatched to the 
Leeward Isles to inform them of the posture of the French fleet and 
their intentions. The Assembly also petition the Governor and 
Council to inquire whether the Quakers have of late appointed 
solemn meetings and resolved not to send their hands to the 
fortifications or submit to pay the sugar appointed by law, which 
being contempt of law to the scandal of Government and great 



AMERICA AND WEST INDIES. 



239 



1678. 



Ap. 16-17. 

St. John's 
(Antigua.) 



April 17. 



April 17. 

Virginia. 



danger of this place, the House prays the Governor and Council to 
take fitting courses to prevent such pernicious practices. They 
also desire that the watch houses be established, and that the 
ships in the Bay be ranged in the best order of defence. John 
Higinbotham, clerk of the Assembly, to be paid his salary. [Gal. 
Entry Bk., Vol. XIII., pp. 306-309.] 

662. Minutes of the Council of Antigua. Present the whole 
Council, and 17 of the Assembly. 16 April. Ordered, that Captain 
Paul Lee of the Council, and Major Boraston of the Assembly for 
the Precincts of Falmouth, and Captain Samuel Jones of the 
Council, and Mr. Samuel Winthrop of the Assembly for St. John's, 
buy up all the arms and ammunition to be sold by any masters of 
.ships or merchant?, out of the common stock. That all persons 
making sugar pay their duties and levies in specie for the 
encouragement of masters or merchants. That the Captains in 
the divisions take an exact list of all men, women, and children, 
black and white, and that each man's family follow with the name 
of each white and black man, woman, or child, and the same to be 
forthwith sent to his Excellency. That an account be brought in 
of all orders for payment out of the Common Stock, that new orders 
may be granted for what is unpaid. That the Ministers have 
12 000 Ib. sugar or tobacco paid them annually out of the Public 
Stock. 

Ordered, that three horsemen in each division by appointment of 
the chief officers there, ride about on Saturday afternoons and 
Sundays to take up all negroes without tickets. That no merchant 
or other be forced to take rattoon tobacco instead of plant or sugar, 
otherwise than as lie and the debtor shall agree for. That a, 
petition be preferred to his Excellency to supplicate His Majesty 
to include this Island in the peace here with the French, ami that 
provision be made for the necessary charges. 1 pp. [Gol. 
Papers, Vol. XXV., No. 55* pp. 760-761.] 

663. Thomas Ludwell to Secretary Sir Joseph Williamson, 
Acknowledges his letter of 31st Dec. (see ante No. 543) hopes he shall 
never lose his Majesty's favour nor His Honour's good opinion, for 
he will never err but through want of judgment. Their present 
condition doth not mend, since the disloyal party are still very high 
and insolent, and the loyal party much dejected for want of that 
countenance their actions and sufferings seem to merit, and by 
putting several of the most active out of civil and military offices. 
It is extremely necessary for His Majesty's service and the safety of 
this country that the next Assembly be commanded to send home 
a full and impartial account of all transactions since the beginning 
of the Rebellion. Likelihood that some of the Indians intend more 
mischief, in the event of a war with France. Heartily wishes Lord 
Culpeper's arrival, his long stay begins to be the wonder of all here. 
Alderman Jeffreys is too powerfully recommended by His Honor 
not to engage his best endeavours, but is afraid he shall not be able 
to do him that service he would, since his kindnees hath brought 



240 



COLONIAL PAPERS. 



1678. 

him into inconveniences. Ludwell doubts, past his help. Endorsed, 
" R. 3 June." 2 pp. [Col Papers, Vol. XLIL, No. 55.] 

April 17. 664. An Act to continue an Act to prevent the People called 

[Barbadoes.] Quakers from bringing Negroes to their Meetings. Passed 17 April 

1678. Printed. [Col. Entry Bk., Vol. XV., pp. 102-3.] 

April 18. 665. Governor Stapleton to Lords of Trade and Plantations. 
Nevis. Refers to his letters of 18th [February], and 30th March (see ante 
Nos. 605, 642). Is informed that yesterday the Count d'Estrees 
sailed from Martinique to join with the Governor of Tortugas who 
is at Basseterre on the French St. Christopher's with 1,200, some 
say 1,500, Buccaneers. His reinforcements from France and present 
forces. We are in what readiness the places can afford. He that 
is master of the sea will go near to be the same at land. Has their 
Lordships' commands of 9th January last (see ante No. 566). Con- 
cerning the stores which have been sent. Notwithstanding the 
great preparations of the French, their General, the Count de 
Blenac, has empowered the Chevalier St. Lawrence to treat with 
Stapleton or his Deputy upon St. Christopher's for the continuance 
of friendship. Judges it not imprudent or dishonourable to 
embrace their offer. His reasons. "Be pleased to beseech and 
advise his Majesty not to take it amiss from me, who may do it 
for the good of the poor planters, and not through any act of 
timidity, for I protest their great strength does not in the least 
terrify me, nor for ought I can see by the countenance of our men, 
the meanest soldier." "Reed, and Read to his Maj. in Council 14 
June 1678." [Col Papers, Vol. XLIL, No. 56, and Col Entry 
Blcs., Vol. XLVl.,pp. 393-306, and Vol. CV.,pp. 258-259.] 

April 18. 666. Petition of Edward Randolph to the King in behalf of 
many of his loyal subjects living under the Boston Government. 
Complains that the Boston agents have by indirect means obtained 
copies of his Narrative of the State of New England and have sent 
over the same to their superiors, thereby discovering the King's 
councils and laying a scene of ruin to those persons whose names 
are expressed in his papers, or are suspected of loyalty to the King, 
and a test has been lately imposed, an oath of fidelity to their 
country, to be taken by all persons under penalty of being deprived 
the benefit of the law and being proceeded against as capital offenders. 
That there is a ship, one Phillips master by special leave now ready 
for his voyage to Boston, and because of the embargo no other con- 
venience is like to offer for a considerable time. Prays that orders 
may be sent to the Boston Government to put no discountenance on 
those who have refused the test or have been favourable to him 
during his stay there or have corresponded with him since. Under- 
written, "Read 18 Apr. 1678." 1 p. [Col. Papers, Vol. XLIL, 
No. 57, and Col. Entry Bk., Vol. LX. } pp. 255-256.] 

April 18. 667. Report of Edward Randolph to Lords of Trade and 
Plantations concerning the Massachusetts Government, Charges 
the Massachusetts Government with being guilty of all tlie mis- 



AMERICA AND WESt INDIES. 

1678. 

demeanours formerly exhibited against them, even by the confession 
of 'their agents in the petition wherein they desire pardon for the 
same, with having encroached on the bounds of the southern 
colonies in New England, with having fundamental laws repugnant 
to the laws of England, with not allowing liberty of conscience or 
the exercise of the religion of the Church of England, constraining 
all persons to be present at their meetings, with admitting none to 
a share in the Government, except those in full communion with 
them, with acting contrary to their charter and the King's com- 
mands in 1662 and others, with assuming powers not granted in 
the charter, entrenching on the Royal prerogative, with having 
lately enforced an oath of fidelity to the country instead of the 
oaths of allegiance and supremacy, with permitting no law of 
England to be in force there except first allowed and enacted by 
their, with falsely charging the King and his Ministers of State 
with not proceeding to any amendment, though timely ad- 
ministered thereto. Endorsed, " Read at the Committee, 18 April 
1678." 3 pp. [Col. Papers, Vol. XLII., No. 58 ; and Col. Entry 
Bk, Vol. LX.,pp. 267-275.] 

April 18. 668. Journal of Lords of Trade and Plantations. Randolph's 
petition complaining of the re-imposition of the oath of fidelity at 
Boston, read. The agents answer that a law was passed for 
administering the usual oath of fidelity to the country to such as 
had not taken it before, by reason of several malicious endeavours 
for firing the town fomented by the Quakers. The oath com- 
prehends allegiance to His Majesty, and they cannot believe any 
thing of detriment was intended to the persons named by Mr. 
Randolph with favour, inasmuch as some who left Boston in 
February were ready to attest that none of them had received 
prejudice thereby. Mr. Randolph alleged that the oath was made 
at the very time their General Court acknowledged to have received 
intimation of what was under consultation before His Majesty, 
and, probably surmising there might ensue some alteration in their 
Government, revived this oath by way of test ; where no mention 
is made in the Act to limit it to such as had not taken the oath 
before, but the words are general and that not only to be imposed 
in the town, where the danger of fire was pretended, but even over 
the whole country, and that by going from house to house ; the 
allegiance to His Majesty comes in, but in the second place ; although 
he could not give any instances of detriment hitherto befallen any 
of his friends, he well remembered the complaints he heard of the 
hard usage of those who submitted to His Majesty's Commissioners 
in 1664, in verification whereof he quoted His Majesty's letter of 
1666. The agents endeavoured to mitigate any apprehension of ill 
that could possibly befall the parties mentioned by Mr. Randolph ; 
they would answer it there to His Majesty at their perils ; those 
very friends of Mr. Randolph's were chiefly instrumental in reviving 
the oath, and Governor Leverett expressed his dissatisfaction at 
the passing the Act at such a time ; the form of the oath they 
y 83071, ~ 



COLONIAL PAPERS. 



1678. 



April 18. 



April 1 9. 

Council 
Chamber. 



April 19. 

"Whitehall. 



acknowledged to be ill-advised ; if His Majesty would enjoin the 
oath of allegiance separate, it would not be refused, and they them- 
selves were ready to take it when required. Their Lordships agree 
to report that Mr. Randolph had sufficient ground for his petition, 
and that the unseasonable enjoining of the oath looked very sus- 
picious, that all things stand not so fair in reference to many of 
His Majesty's good and loyal subjects as were to be wished ; it is 
manifest the Government knew of the dislike which was expressed 
to the form of the oath, when the allegiance to His Majesty seems 
only grounded on their charter and not in natural obedience. Their 
Lordships advise His Majesty to signify his resentment of the 
enjoining that oath, as being a snare in the way of his loyal subjects, 
derogatory to his honour and defective in point of duty, allegiance 
to His Majesty and fidelity to the country being joined together in 
the same undecent form, and the fidelity even made to precede the 
allegiance. His Majesty does not for the present prescribe a form 
proper for them, but strictly commands the oath of allegiance to be 
taken by all his subjects within the colony. [Col. Entry Bk., 
Vol. CV., pp. 246-250.] 

669. "A short account of New York's assistance to New 
England/' being repetition of parts of " A short account of the 
General concerns of New York," see ante, No. 502. Endorsed. 
"Reed, from Sir E. Andros, 18 April 1678." 2 pp. Printed in 
New York Documents, Vol. III., pp. 264, 265. [Col. Papers, 
Vol. XLIL, No. 59.] 

670. [Sir Robert Southwell] to Commissioners of the Customs. 
The Lords of Trade and Plantations having it under their special 
care to lay before His Majesty the general state of the Caribbee 
islands and to propose somewhat for their security, are very desirous 
that you would furnish them with some general computation of the 
number of ships and men with their burthen that trade to said 
islands, what are the general commodities sent thither, what returns 
are made with estimate of what importance this trade is to the 
kingdom, and in particular to His Majesty's customs, and what else 
the Commissioners conceive proper for their Lordships' information. 
[Col. Entry Bk. t Vol. XGVII. y p. 56.] 

671. Journal of Lords of Trade and Plantations. Their Lordships 
enter upon the business of the Leeward Isles, and propose to lay 
before His Majesty a true and particular state thereof so that he 
may be the better enabled to make such provisions as their defence 
and security require. Colonel Stapleton's letters and accounts of 
the condition of the islands under his government are read. 
Mr. Harris, His Majesty's engraver, called in and promises to finish 
the seal for the Leeward Isles within a month at farthest. Upon 
the whole matter ordered that a report be prepared. On 25th April 
the report was read and approved. See No, 679. [Col. Entry lk. t 
VolCV.,pp, 252-254.] 



AMERICA Atf D WtiST INDIES. 243 

1678. 

April 22. 672. Commissioners of Customs to Lords of Trade and Plantations. 
Custom House, Incloses Returns asked for in Sir Robert Southwell's letter. Ships 
OD ' bound to the Plantations from England usually carry great 
quantities of all English manufactures and commodities, also 
considerable quantities of foreign goods imported into England 
whereof half the custom upon exportation remains to the King. 
The Plantation trade is one of the greatest nurseries of the shipping 
and seamen of this Kingdom, and one of the greatest branches of 
its trade, venting yearly manufactures and commodities of this 
kingdom to a very great value. As to Scotland and Ireland they 
cannot by law have any trade with the Plantations except in 
servants, horses, and provisions. Enclosed, 

672. i. ii. in. Number of ships with their burdens entered 
inwards in the Port of London in the year ended Michael- 
mas 1677 from Barbadoes, Nevis, Jamaica, Antigua, 
Bermudas, Montserrat, St. Christopher's and Anguilla. 
Similar account of ships entered outwards in the Port of 
London for the same period and from the same islands. 
Total 26,687/. "Reed. 23 April 1678." Together, 4 pp. 
[Col. Papers, Vol. XLII., Nos. 60, 60 i., II., in. ; and Col. 
Entry BIc., Vol. XCVIL, pp. 56-59.] 

April 23. 673. Sir Robert Southwell to Governor Sir Jonathan Atkins. 
Spring Gardens. Acknowledges receipt of his letters of 31st January (see ante No. 592). 
Finds it his duty to acquaint Sir Jonathan that their Lordships are 
in extreme impatience for the receipt of the laws of Barbadoes 
which they have so often and so long time pressed for, and 
considering the compliance they find with other Governors, fears he 
may be censured if more inclined to satisfy others than answer 
their Lordships extracts of whose letters to him on this subject 
are transmitted, to which after all Governor Atkins says he 
must speak with the Assembly. Good wishes for his prosperity 
make Sir Robert so plain in this matter. The particular law 
recommended to his care shall have the fruits of it as soon as 
possible. Draft with corrections. 2 pp. [Col. papers, Vol. XLIL, 
No. 61.] 

April 23. 674. Minutes of the Council of St. Christopher's. Proposed by 
St. Christopher's, the Governor to the Council and Assembly that as to the proposals 
of peace between England and France in this island, if concluded 
on, they will consent to and petition Governor Stapleton touching 
the same; unanimously consented to. [Col. Papers, Vol. XX VIII. , 
No. 69, p. 19.] 

April 24. 675. Order of the Privy Council. Empowering the Lords of 
Trade and Plantations to administer the Oath of Allegiance to the 
Agents of New 'England. Underwritten, "Mem. The Com- 
mittee took the oath accordingly 26 of Ap. 1678." 1 p. [CoL 
Papers, Vol. XLII., No. 62 ; and Col. Entry Bk. t Vol. 
p. 284,] 

M 



COLONIAL PAPERS. 

1678. 

April 24. 676. William Blathwayt to William Freeman. Remembers 
Whitehall. Colonel Stapleton formerly made some account of Saba and Statia 
as necessary for the defence of other islands, saying on the latter he 
had left 140 men and 17 guns, but cannot tell if since then the 
Dutch have not pillaged it. Pray write by bearer what you know 
of these islands. On same sheet. 

676. I. Wm. Freeman to William Blathwayt. Supposes since 
that advice from Colonel Stapleton, it was taken by the 
Dutch and consequently the Fort demolished and guns 
taken off. Cannot give any further account. Purposes 
waiting upon him to-morrow. 1 p. [Col. Papers, 
Vol. XLII., No. 63.] 

April 24. 677. Answer of William Stoughton and Peter Bulkley the 
Massachusetts Agents to Sir Edmund Andros' petition. Are not 
furnished with those informations given by captive Indians and 
English taken by the enemy, concerning the supply of powder, &c., 
from the parts of Albany which Sachem Philip and the enemy 
Indians received during the late war, nor what part between the 
Petitioner and the Governor and Council of Massachusetts on his 
taking exception to a clause in their Declaration. Understand not 
how the Petitioner or any under him have been reflected upon, it 
being very possible that notwithstanding prohibition and care 
to the contrary, Philip and his accomplices might obtain ammunition 
without the knowledge of those in authority, of the indirect and 
wicked practices of such who will easily venture all for gain ; who 
these were having never (as they know) discovered to the Massa- 
chusetts, there can be no danger of any man being punished by 
them as suggested. If a fuller answer is required from the 
Governor and Council, doubt not of a ready obedience. Endorsed, 
Reed. April 24, 1678. 1 p. Printed in New York Documents, 
Vol. III. p. 266. [Col Papers, Vol. XLII., No. 64; also Col 
Entry Bk, Vol. LXVIIL, pp. 37, 38. 

April 24. 678. Order of the King in Council on the preceding answer of 
the Massachusetts agent. That His Majesty was pleased to declare 
that he found no cause to believe that any of his subjects from the 
parts of Albany supplied materials for war to Philip or other Indian 
enemies, nor could he perceive any ground for the imputation laid 
upon his subjects of Albany by the Massachusetts, and ordered that 
none of these be liable to any such imputation, unless the Massa- 
chusetts accuse any particular person and legally proceed against 
hirn within a year. This order to be transmitted by the Agents to the 
Massachusetts Colony. 1 pp. Printed in New York Documents, 
Vol. III., p. 267. [Col. Entry Bk, Vol. LXVIIL, pp. 39-40.] 

April 26. 679. Report of Lords of Trade and Plantations to the King. A 

Council long document of twenty-five pages recapitulating their several 

Chamber. re p 0r t s fa his Majesty since 1675, on the state of the Leeward Islands, 

and stating how far some particulars have had their effect, viz. : 

1, That the Lurd Treasurer has satisfied all Colonel Stapleton. '$ 



AMERICA AND WEST INDIES. 245 

1678. 

arrears of pay and the [two] companies to 7th July 1677. 2. That 
the Quaker, ketch, has been sent to attend the service of tho. c e 
islands. 3. That fifty-seven soldiers recruits have arrived. 4. That 
the Commission for a Court of Admiralty was also sent. 5. That 
five of the six Ministers have arrived, were well received and provided 
for by the Governor's care. 6. That the other Minister sailed in 
February last with warlike stores to the amount of 1,039. but as 
yet no news of their arrival. 7. That in same vessel was sent 400L 
towards the fort at Cleverley Point. So what is left undone of 
what hath been proposed is: 1. As to the restitution of His 
Majesty's subjects, that the French possess on His Majesty's part of 
St. Christopher's above 4,000 acres of land and exclude 243 of His 
Majesty's subjects from their estates without any hopes of redress, 
" so that we are quite at a loss to know what to propose more than 
we have done, but must needs say that Your Maj. honor as well 
as the interest of Your languishing subjects, is highly concerned 
therein." 2. As to a certain fund for paying the Governor and the 
two companies. 3. As to sending over malefactors. 4. As to the 
seal. 5. As to more forts and new stores for the other islands. As 
to Barbadoes the dangerous neighbourhood of the French and a 
superior power at sea, may hazard that island by intercepting all 
supplies which it always needs. Yet otherwise it is very sufficiently 
defended by the inhabitants, who are listed to the number of 10,000 
men that bear arms, in constant discipline, well appointed, and have 
two regiments of horse. Particular account of St. Christopher's 
containing 60,000 acres. The French are planted at the two ends 
of the island, and have at least one half: their Governor is the Sieur 
de St. Laurens. ISIevis contains 32,000 acres. They have a regiment 
of Militia of 1,300 men with a troop of 60 horsemen. Antigua 
contains 1 20,000 acres, a regiment of 770 Militia and a troop of 33 
horsemen. Montserrat contains 60,000 acres, one regiment of 877 
Militia, and a troop of 40 horsemen; most of the inhabitants are 
Irish. In these four islands there are 15 forts, and 100 guns, and 
3,871 of His Majesty's subjects bearing arms. The French and 
Dutch in St. Christopher's are 270, and the Irish 700 in Montserrat. 
For naval strength there is nothing but the Quaker, ketch. There 
are also four smaller islands not unworthy of protection, viz. : 
Anguilla, Statia, Saba, and Tortola. Description of and remarks upon 
their importance. Have much esteemed the vigilance of Colonel 
Stapleton in possessing himself of these islands ; reasons. There is 
also Barbuda which serves only for pasture ; there are only twenty 
servants on this island to tend the cattle. Account of the French 
islands adjoining, their force and the care taken for their preservation. 
How much the French wish to be masters in all these parts. The 
General Governor in a letter to the King his master before the late 
war, earnestly solicited four ships and 500 men with which he 
would carry the Leeward Isles, and, he hoped, Barbadoes. Estimate 
of stores of war needful to be sent to the Leeward Isles. What is 
proposed as necessary to defend them. Upon the whole matter 
presume to lay before His Majesty's consideration : 1. That these 
islands are annexed to His Majesty's Crown and the trade of them 



COLONIAL PAPERS. 

1.678. 

appropriated by law to this Kingdom, 2. That the capital stock o! 
His Majesty's subjects, the inhabitants, is worth above a million. 
Considerations of the importance of these islands and the detriment 
that might follow on their seizure by France, with the probability 
thereof. Advice upon the whole. Of opinion that the first distress 
and shock of war will fall upon these islands. That he who begins at 
St. Christopher's will undoubtedly carry it. That if the French 
take away only the stock and materials, and leave these islands 
desolate they will not as to themselves be worth the charge of 
retaking. That the preservation of other parts lying in the 
defence of these " it concerns Your Maj. honor, your profit and the 
public advantage to speed away such supplies of ships & men as 
may be necessary." Think a force at sea necessary above all things, 
and conceive a very little force more than what will suffice for 
defence may be able to subdue all " which we cannot, in the season 
that shall be fit but advise Your Maj. unto, inasmuch as between 
taking all and losing all, there seems no middle way left." Signed 
by Anglesey, Bridgwater, Craven, Essex, Fauconberg, G. Carteret, 
J. Ernie, and Robert Southwell. [Col Papers, Vol. XLIL, No. 65 ; 
and Col. tintry Bk, Vol. XLVL.pp. 273-299.] 

April 25. 68O, Journal of Lords of Trade and Plantations. The Agents 
of New England ordered to attend the Committee next day for the 
Oath of Allegiance to be administered. [Got. Entry Bk., Vol. CV., 
p. 254.] 

April 25. 681. Governor Sir Jonathan Atkins to Lords of Trade and 
Barbadoes. Plantations. Received His Majesty's letter, with petition enclosed 
of Richard Payne, a pretended deputy to Sir Ernestus Byron, long 
since dead, who had the King's patent for Escheator of Barbadoes, 
with command to inquire into the truth of Petitioner's complaint, 
which he has done, and sends copies of the records concerning same. 
When Sir Jonathan arrived Payne petitioned complaining of hard 
usage and three years' imprisonment, and the Governor found 
Petitioner was in upon execution at the suit of Colonel Henry 
Walrond for slocking, as they call it here, of four negroes from 
him, and as he was never able to pay the Governor prevailed with 
Colonel Walrond to set him at liberty. The French have continued 
long at Martinique since their enterprise of Tobago, which much 
amused us, but did us no harm, for it quickened us as to our own 
security. Has advice from the Leeward Islands that 800 Buccaneers 
landed at St. Christopher's for the French. Knows not how those 
islands are furnished for defence. Encloses, 

681. I. Colonel Henry Walrond and Samuel Farmer to Governor 
Atkins. Present him with a true and impartial narrative 
of the case of Richard Payne and Colonel Walrond and 
Samuel Farmer. 1678, April 18. 

681. II. Minute of the Council of Barbadoes. That Richard 
Payne was committed by Samuel Farmer, Judge of the 
Court of Common Pleas, for contempt in refusing to give 
security to Colonel Walrond for negroes found on trial 



AMERICA AND WEST INDIES. 



2*17 



1678. 



April 25. 
Port Royal. 



April 25. 
Port Royal. 



April 25. 
Whitehall. 



April 26. 
Whitehall. 



to belong to Walrond's estate. That said Payne was 
legally committed and is hereby ordered to continue in 
custody. 1672, Dec. 17. Attested copy by Edwyn Stede 
Deputy Secretary. 

681. in. Journal of the Lords of Trade and Plantations. On 

13th June a packet is received from Sir Jonathan Atkins 
enclosing papers concerning the case of Richard Payne, 
deputy to Sir Ernestus Byron, Escheator of Barbadoes. 
Also another letter from Sir Jonathan to William 
Blathwayt. 1678, June 13. [Col Papers, Vol. XLII. 
Nos. 66, 66 L, ii. ; also Col. Entry Bks., Vol. VI. 
pp. 229, 230 ; and Vol. CV., pp. 258, 259.] 

682. Minutes of a Council of War. Report of Lieutenant- 
Go vernor Sir Henry Morgan of what has been done to the 
fortifications on Port Royal since their last meeting, and what he 
proposed to complete there and at other places on the Island ; and, 
as they could not be finished within the time in their last order, 
that martial law be in force till 10th June. [Col. Entry Bk., 
Vol. XXXV., p. 653.] 

683. Minutes of Council of Jamaica. That the Judges meet at 
their usual terms and issue the Proclamation which follows for 
martial law to be in force until 10th June. That the Governor 
expected Lord Carlisle would suddenly arrive, but he was unwilling 
to draw off the officers from their respective commands, so did not 
intend to issue writs for calling an Assembly. Petition of James 
Hardin, John Willmott, and others, executors of Nicholas Alexander, 
deceased, in behalf of his daughter, an infant, to Lieutenant- 
Governor Morgan and Council. For securing the estate of Andrew 
Abbington, a debtor to Nicholas Alexander, in favour of the 
daughter of deceased. Council being heard on both sides, agreed 
that the relief prayed for was not in their jurisdiction to grant, 
so petition was dismissed. [Col. Entry Bk., Vol. XXXV., 
pp. 654-657.] 

684. Petition of Frances, wife of Adjutant William Morris, in 
His Majesty's service in Virginia, to the King. That some part of 
her husband's arrears may be paid her. Referred to the Lord High 
Treasurer to report what His Majesty may fitly do for Petitioner's 
relief. p. [Dom. Entry Bk., Chas. II., Vol. XLVI., p. 228.] 

685. Order of the Privy Council. Report of Lords of Trade 
and Plantations of 18th April last read, on petition of Edmund 
Randolph complaining of the reimposition of the oath of fidelity in 
Massachusetts ; the Massachusetts agents being summoned to 
attend the Committee, acknowledged that in the Assembly at 
Boston in October the usual oath of fidelity to the country was 
ordered to be administered to those who had not taken it before, 
by reason of several malicious endeavours for firing the town 
fomented by the Quakers, but that the oath comprehended allegiance 



COLONIAL PAPERS. 

1678. 

to the King, and they cannot believe any detriment was intended 
to those named with favour by Kandolph, as some of them were at 
the door to attest that they had not received any prejudice. To 
this it was answered that the Oath was made at the very time 
that the General Court received intimation of what was under 
consultation before the King, and by way of test revived the 
imposing this oath anew, where no mention is made to limit it to 
those who had not taken it before, but the words are general, to be 
imposed not only in the town where there was danger of fire, but 
all over the country, with new penalties on refusers; that the 
allegiance to the King came in the second place and not with the 
requisite solemnity ; that, although he could not instance any 
detriment hitherto befallen any of his friends, he well remembered 
the complaints he heard of the hard usage which had befallen those 
who submitted to the King's Commissioners sent over in 1664, for 
verification of which he referred to the King's letter sent in 1666. 
The agents endeavoured to mitigate any apprehension of ill that 
could possibly befall the parties mentioned, and would answer for 
it at their perils ; that those very friends of Randolph were chiefly 
instrumental in reviving the oath ; that the Governor intimated his 

o * 

dissatisfaction with it; that they themselves consider the form 
ill-advised, and are assured that if the King should enjoin the Oath 
of Allegiance separate, it would not be refused, and they, though 
not having taken such oath, are ready to take it when required. 
The Committee, being of opinion that Randolph had sufficient 
ground to petition, and that the unseasonable enjoining of the oath 
made it look suspicious that all things stand not so fair with 
reference to the King's loyal subjects as were to be wished, advise 
that the King by letter should signify his displeasure at the 
untimely enjoining of the Oath, which is derogatory to the King's 
honour and defective in point of duty, and that orders should be 
given for the administering of the Oath of Allegiance as by law 
established, to all in the Colony of years to take it, and that though 
other matters are before the King, yet this is of so fundamental 
concern that the signification of his pleasure could not be longer 
omitted. Approving said report and ordering Mr. Secretary 
Williamson to prepare a letter for the King's signature pursuant 
thereunto. 6 pp. [Col. Papers, Vol. XLII., No. 67; and Col 
Entry Bk, Vol. LX. t pp. 257-263.] 

April 26. 6813. Journal of Lords of Trade and Plantations. The Oath of 
Allegiance administered to the Agents of New England, who 
declare that as they have taken the oath, so they believe the 
magistrates of Massachusetts, and all other inhabitants will most 
willingly do the like, except such as refuse to take any oath 
whatsoever. Mem. Their Lordships' report about the Oath of 
Allegiance to be taken by the Massachusetts was this day approved 
in Council, and a letter accordingly despatched by Mr. Secretary 
Williamson on the 27th was delivered to Captain Philips, bound 
for New England, as appears by his receipt of the 29th instant. 
[Col. Entry Bk, Vol. CV., p. 255.] 



AMERICA AND WEST INDIES. 



219 



1678. 
April 26. 

Nevis. 



April 26. 

Nevis. 



April 26. 

Nevis. 



April 26. 

Nevis. 



April 29. 



687. Governor Stapleton to Lords of Trade and Plantations. 
"The foregoing lines" (see ante, No. 665) were designed to 
be sent when they were alarmed by the sight of the Count 
d'Estrees' fleet, when he came near the Fort (he fired never a gun). 
Thought his striking was enough. He is still at Basseterre ; his 
force. We are in arms constantly two hours before day (sic). All 
the people at St. Christopher's retired to the new Fort. Has sent 
to d'Estre'es to demand 150 or 200 of His Majesty's subjects among 
the Buccaneers, he has promised to discharge them. Sends power 
to Secretary Coventry given by the French General to conclude a 
peace in case of rupture in Europe. Prays he may have the like. 
This poor island has lost the making of a million of sugar every 
week these two months. " Rec. & Read to his Maj. in Council 
14 June 1678." [Col. Papers, Vol. XLIL, No. 56 ; and Col. Entry 
Bks., Vol. XLVL, pp. 306-308 ; and Vol. CV., pp. 253-259. 

688. Governor Stapleton to Sir Robert Southwell. Has received 
the several books and parchments and commissions to swear the 
Deputy Governors and be sworn. Is constantly in arms to observe 
the motion of the Count d'Estre'es' fleet ; his strength. Not 
knowing when he may be attacked or when he may see English 
St. Christopher's afire ; will plead his excuse for not executing 
their Lordship's commands. Before this could have conveyance 
the French fleet sailed from St. Christopher's, but knows not 
whither. "Reed, and Read to his Maj. in Council 14 June 1678." 
[Col. Papers, Vol. XLIL, No. 68 ; and Col. Entry Bks., Vol. XLVL, 
pp. 312-314; and Vol. CV. pp. 258-259.] 

689. Governor Stapleton to William Blathwayt. By Captain 
Hare has received the Commissions to swear and be sworn. Is now 
in arms at the seaside, having in sight of Basseterre road 35 French 
men-of-war, 20 King's men-of-war, the others privateers ; does not 
know their design, whether war or peace. Cannot execute their 
Lordships' orders yet. Has with much ado borrowed from his mili- 
tary duty to give them information of occurrences. Has received 
nothing. Mrs. Hall of Antigua. "Rec. and Read to his Maj. in 
Council 14 June 1678." 1 p. [Col Papers, Vol. XLIL, No. 69; 
and Col Entry Bks. Vol. XLVL, pp. 311-312 ; and Vol CV. pp. 
258-259.] 

690. Governor Stapleton to (Secretary Sir Joseph Williamson). 
Sends as often as he can to their Lordships, being in arms night 
and day to prevent surprise from the French fleet under the 
Count d'Estre'es who is in sight at Basseterre road in French 
St. Christopher's with 35 sail, besides four fire ships ; fifteen are 
small privateers or buccaneers as we call them, with 1,200 men at 
least, and twenty are ships of war. Two hours of a north wind 
might bring them here. 

Before sealing the preceding. At daybreak on 27th twenty-eight 
of the ships were discovered tacking, but the wind being south 
they could not come in, and about sunset went away either to 



250 



COLONIAL PAPERS. 



1678. 



April 27. 

Whitehall. 



April 27. 

Whitehall. 



April 27. 

Whitehall. 



April 27. 



Martinique or Curacao. They give them the trouble of being in 
arms to the incredible detriment of the poor planters. 2 pp. [Col. 
Papers, Vol. XLIL, No. 70.] 

691. The King to the Governor and Council of the Massa- 
chusetts Colony in New England. The King understands that in 
October last a law was passed in their Assembly at Boston for 
reviving and administering a certain oath of fidelity to the country 
when they had intimation by their agents here of His Majesty 
being displeased at the form thereof, as highly disrespectful to His 
Majesty, " and seems to be intended as a snare in the way of many 
of our good subjects there, of whose preservation we shall ever be 
tender." The King has thought fit to signify that His Majesty 
takes the untimely renewing of this oath very ill, as derogatory to 
His Majesty's honor as well as defective in point of their duty, 
inasmuch as the allegiance due to us and the fidelity to the country 
are joined together in the same indecent form, wherein such fidelity 
is made even to precede your allegiance to us." The King does not 
for the present prescribe the form of the corporation oath, but 
strictly commands that the Oath of Allegiance as by law established 
in England be administered and taken by all His Majesty's subjects 
who are of years to take an oath. This being so fundamental a 
concern to our dignity and government, we could not omit any 
longer to signify our pleasure therein, though other matters of 
moment relating to that our Colony are still depending before us. 
[Col. Entry Bk t Vol. LX., pp. 263-264] 

692. The King to John, Lord Vaughan, Governor of Jamaica. 
Requires him upon the receipt of these our letters, to surrender 
the Government of Jamaica to Charles, Earl of Carlisle, and 
acquaint him with all matters concerning the present state of the 
island necessary for his information, and then to repair to His 
Majesty's presence to give account of affairs in those parts. [Col. 
Entry Bh, Vol. XCV.,p. 268.] 

693. Secretary Sir H. Coventry to John, Lord Vaughan. At 
last the Earl of Carlisle has taken leave of His Majesty in order to 
his voyage to Jamaica, which will give Lord Vaughan the oppor- 
tunity of returning to the embraces of his friends here who will 
rejoice to see him in gafety. Shall receive particular satisfaction in 
enjoying his Lordship here again. " And as I know my Lord of 
Carlisle to be a person of that great wisdom and honor that no 
misunderstanding can possibly arise between you two, so I shall as 
little doubt but your Lordship will yield him sufficient reason to 
applaud the method you have used in your government there." 
[Col. Entry Bh, Vol. XCV.,p. 269.] 

694. Report of [Attorney and Solicitor General] to Lords of 
Trade and Plantations. Have considered the paper, and the Con- 
necticut and Rhode Island Charters, and the maps and other papers 
sent, and find that the Narraganset country is granted to both 



AMEKICA AND WEST INDIES. 



251 



1678. 



April. 



April 27. 

Barbadoes. 



May 2. 

Nevis. 



May 7. 



colonies, but the Connecticut grant being first has priority of title, 
yet in the Rhode Island grant there is some mention of a consent 
by Connecticut, and after all this on a Commission of the King 
lies seized and made the King's Province and neither of the colonies 
to have it. Cannot reconcile these matters, but submit whether 
their Lordships will not be pleased to let the matter remain as it 
has been settled by the King's Commission till the parties be heard 
and the matter better explained. Endorsed, " Reed. & presented 
the 27 April 1678." 1 p. [Col Papers, Vol. XLll, No. 71.] 

695. [Sir Robert Southwell] to the Attorney and Solicitor- 
General, with their Answers. As to the legality of the original 
charter of Massachusetts, of the Quo Warranto of 1635, and whether 
the Corporation by mal-administration has forfeited their charter. 
In the opinion of the King's two Chief Justices the original charter 
is good in point of creation, the Quo Warranto was not so brought 
or the judgment so given as to cause a dissolution of the charter, 
if the misdemeanours objected against the Massachusetts can be 
proved to be true and that they were committed since the Act of 
Oblivion, they contain sufficient matter to avoid the Patent, but 
that can only be done by a Quo Warranto. Endorsed, "Read 
16 May 1678." Two papers. [Col Papers, Vol. XLIL,Nos. 72, 73, 
and Col Entry Btcs. } Vol. LX. t pp. 265-268.] 

696. Governor Sir Jonathan Atkins to William Blathwayt. 
Has received a letter from His Majesty and enclosed a petition of 
Richard Payne complaining of hard usage here by false imprison- 
ment, which was done before Sir Jonathan came. By His Majesty's 
commands has examined the truth of the proceedings, and sends 
copies of all records concerning same, that their Lordships may 
have a true account. p. With seal [Col Papers, Vol. XLII., 
No. 74.] 

697. Governor Stapleton to Lords of Trade and Plantations. 
Movements of the French fleet ; they could not fetch any part of 
the island without several tacks though they kept in sight all day, 
about sunset they bore away. Apprehensive they have gone to 
Martinique to wait for further orders or to take in men to attack 
some part of this Government, if they have the first news of war. 
They expect more ships and a regiment of 8 companies from 
home. The French who have sworn allegiance have deserted us 
at St. Christopher's and repaired to the French ground on the 
arrival of d'Estre'es at Basseterre road. The Indians strike a 
greater terror for their cruelties than any Christian strength of 
which there has been woeful experience. Was forced by the clamours 
and cries of the people to secure the helpless sex, old men, and 
children. " Rec. and Read to his Maj. in Council." 1 p. [Col. 
Papers, Vol. XLII., No. 75, and Col. Entry Bks., Vol. XLVL, 
pp. 308-311 ; and Vol. CV., pp. 258, 259.] 

698. Journal of Assembly of Barbadoes. Matters under con- 
sideration: 1. Account of the arrears of levies since 1671, 2. The 



252 



COLONIAL PAPERS. 



1678. 



May 8. 



May 8. 

Sadler's Hall, 
Cheapside. 



May 15. 

Whitehall 



May 15. 

Whitehall. 



May 15. 

Whitehall. 



poor serving as guards not able to provide for themselves. 3. The 
number of negroes to be brought down upon alarm, and how to be 
managed. The second taken care of by an Act allowing each poor 
guard *t\d. a day, and the third also by an Act this day passed. 
Acts to strengthen the Militia and for establishing the Courts of 
Common Pleas, passed. 

Ordered that John Hallett, Treasurer, pay 200,000 Ibs. of 
Muscovada sugar to the Governor, for his better support in the 
Government, out of the excise on liquors imported. Order for the 
disposal of the supply of arms received from Captain Charles 
Howard, the prices to be paid and the commission to Robert 
Chaplin for his kindness to the country, and the remainder of the 
money returned to him as far as will make him full payment and 
satisfaction for what he has disbursed for said arms. Duty on 
twenty puncheons of beer to be remitted to Captain Thomas Crofts. 
Salary of John Forbes, Marshal, to be paid, also 51. 15s. to Paul 
Gwynn for the accommodation of the officers of the Assembly. 
Ordered that John Hallett, Treasurer, hire a vessel to be sent to 
the Leeward Isles for intelligence. The Assembly, finding their 
year will expire on Tuesday (14th), order that their records be left 
in the hands of the present Speaker until a new election, and then 
delivered to the then Speaker. [Got. Entry Bk., Vol. XIII., 
pp. 309-313.] 

699. Minutes of a Great and General Quarter Court, being a 
Court the election of officers for the Somers Islands Company. 
Concerning the cause between Henry Sandys and William Righton 
with reference to a share of land in Bermuda ; that said Righton 
have time until next Quarter Court to make out his title to his 
said share of land, when the Court will give judgment in said 
cause. Underwritten is a notice to William Righton to attend the 
Quarter Court at Sadler's Hall in Cheapside, on 26th June 1678, 
when judgment will be given. Signed by Robert Harison, Beadle. 
3 pp. [Col. Papers, Vol. XLII., No. 76.] 

700. Order of the King in Council. The Lords of Trade and 
Plantations having represented to His Majesty the necessity of a 
regiment for the security of the Leeward Islands, the Duke of 
Monmouth is directed to cause estimate to be made of the charge of 
raising one thousand foot soldiers, with clothes, provisions, and 
arms, and transportation and subsistence for one year. [Col. Entry 
Bk., Vol. XLVI.,p. 381.] 

701. Order of the King in Council. The Lords of Trade and 
Plantations having represented the necessity of sending six ships 
of war for the security of the Leeward Islands, the Lords of the 1 
Admiralty are directed to prepare estimate of the charge. [Col. 
Entry Bk., Vol. XLVL, pp. 281, 282.] 

702. Order of the King in Council. The Lords of Trade and 
Plantations having presented an account of stores of war necessary 



AMERICA AND WEST INDIES. 253 

1678. 

for the Leeward Islands, the Master of the Ordnance is directed to 
prepare estimate of the charge. Annexed, 

702. I. Estimate of the charge of Ordnance carriages, shot, powder, 
arms, and gunners' stores for supply of the Leeward 
Isles. Total, 3.69U 18s. " Rec. 31 May 1678." [Col 
Papers, Vol. XLIL, No. 77 i. ; and Col Entry Bk. 
Vol. XLVL, pp. 380-384.] 

Mny 16. 703. Petition of William Stough ton and Peter Bulkeley to Lords 
of Trade and Plantations. Acknowledge their misundertanding in 
not representing over to their superiors anything presently to be 
done (save in the matter of Trade and Navigation), which was the 
true cause of the omission which their Lordships have taken notice 
of. Dwell on the benefits that would follow on the King granting 
the petition of the inhabitants of the four towns. Crave their 
Lordships' consideration of their long absence from home for 
18 months, so that they may receive a gracious answer from the 
King. "Read May '16, 1678." I p. [Col. Papers, Vol. XLIL, 
No. 78 ; and Col. Entry Bk., Vol. LX., pp. 276-278.] 

May 16. 704. Lords of the Privy Council to the Lord Treasurer. Have 
Whitehall, received a petition from Mr. Randolph setting forth his services in 
New England and entreating their commendation of his pretensions 
to be employed as Collector of the Customs at Boston. Declare that, 
if ever they are able (as they are endeavouring) to lay before the 
King a full and perfect narrative of the condition of New England 
and what may conduce to the King's service in the settlement of 
that great affair ; they have had more light and information from 
Mr. Randolph, than from any person else, he having at all times 
attended their meetings. Cannot but acquaint his Lordship with 
their good opinion of his zeal and capacity to serve the King in 
that employment ; recommend him to his Lordship's favour. 1 p. 
[Col Papers, Vol. XLIL, No. 79 ; and Col Entry Bk., Vol. LX., 
pp. 278, 279.] 

May 16. 705. Journal of Lords of Trade and Plantations. Petition of 
the Agents of Boston read, with the answer of Mr. Attorney and 
Mr. Solicitor-General to the queries referred to them by Order of 
8 April (see ante, No. 653). Report ordered to be prepared, reciting 
all things past from the first settlement of New England, the 
encroachments and injuries practised by the Massachusetts on their 
neighbours, their contempts of His Majesty's commands, and their 
Lordships' offer their opinions that a Quo Warranto be brought 
against the charter, and new laws framed instead of such as are 
repugnant to the laws of England. Recommend Mr. Randolph to 
the Lord Treasurer for a favourable issue of his pretentious to be 
Collector of Customs in New England. Mem. The Lord Treasurer 
having received the recommendation and acquainted His Majesty, 
His Majesty approves and orders a commission to be prepared, 
\Col Entry Bk., Vol CV.,pp. 256-258.] 



254 



COLONIAL PAPERS. 



May 17. 

Whitehall. 
Treasury 
Chambers. 



May 18. 

St. James'. 



May 18. 

St. James' 



1078. 

May 16, 706. Inquiries delivered to Wm. Stoughton and Peter Bulkley, 
Agents for Massachusetts, for their answer pursuant to the Order 
of the Lords of Trade and Plantations. See No. 746 for answer to 
same. 6 pp. [Col. Entry Bk, Vol. LX., pp. 279-283.] 

707. Report of Lord Treasurer Danby to the King. On petition 
of Thomas Sands of London, merchant, praying, for reasons therein 
set forth, liberty to ship out of Virginia free of impost, 580 hogs- 
heads of tobacco ; that he concurs with the Council of Virginia, who 
have thought it reasonable Petitioner should have the reparation 
prayed for. Endorsed, " Read and approved May 24, 1678." 2 pp. 
[Col. Papers, Vol. XLII., No. 80.] 

708. Commission to Sir Edmund Andros. His Royal Highness' 
Governor of New York and Dependencies to be His Royal Highness' 
Vice- Admiral of said colony. Mem. only. [Col. Entry Bk., 
Vol. LXX., p. 26.] 

709. Warrant of the Duke of York to Sir Allen and Sir Peter 
Apsley. To pay to Sir Edmund Andros 1,100?., the equivalent of 
1,381. 10s. 5^d., Beaver pay, due to him on the accounts for New 
York, from June 1074 to Nov. 1677, "in order to his speedy return 
into those parts." Printed in .New York Documents, Vol. III., 
p. 267. [Col. Entry Bk., Vol. LXX., p. 25.] 

710. Warrant of the Duke of York to Sir E. Andros. To increase 
the duty on rum imported into New York, on account of its 
excessive use and pernicious consequences, being particularly fatal 
to the health of many of His Majesty's subjects there, owing to the 
smallness of the duty imposed, " which the Bostoners have already 
in some measure prevented by raising the said duty considerably 
within their colony." Printed in New York Documents, Vol. III., 
p. 268. [Col Entry Bk., Vol. LXX., p. 256.] 

711. Warrant of the Duke of York to Sir E. Andros. To appoint 
a Judge Register and Marshal of the Admiralty in New York. 
Printed in New York Documents, Vol. III., p. 268. [Col. Entry 
Bk., Vol. LXX., p. 26.] 

712. Receipt of Captain John Ward for 62. 2s. 10c?. from John 
Levin and Edward Thornburgh, by order of John Palmer of New 
York, who married the relict and executrix of John Winder, 
deceased. Endorsed, "Read 4 March 1680." [Col. Papers, 
Vol. XLIL, No. 81.] 

May 24. 713. Lords of Trade and Plantations to the Earl of Clarendon. 
Being engaged in preparing a report concerning New England, and 
finding by report of Lord Gorges that one William Lutterell, a 
servant of his grandfather, Sir Ferdinando Gorges, President of the 
Council of Plymouth, had given the Earl of Clarendon, soon after 
the King's restoration, a book of the Council's proceedings which 
was never returned, and Mr. Robert Mason informing them that in 



May 18. 

St. James'. 



May 20. 

St. James'. 



May 22. 



AMERICA AND WEST INDIES. 255 

1678. 

1662, at the Earl's command, he delivered to him a large book in 
folio bound in parchment, being a Journal of the Council's pro- 
ceedings from 1620 to 1 639, containing the grants made by the 
Council and the Act of Surrender, and gave also several other 
papers belonging to his grandfather, Mr. John Mason, but that he 
never received back any of them, and on application had answer 
as if they did not now appear, yet may easily be buried among the 
many books and papers the Earl, his father, left, and seem too 
many to be lost, if a strict search were to be made, the Committee 
desire his Lordship as a matter of much consequence to cause a 
diligent search to be made for those things, and to give an account 
thereof with all convenient speed. 2 pp. [Col. Papers, Vol. XLII., 
No. 82.] 

May 26. 714. Marke Fletcher to Secretary Sir Joseph Williamson. Wrote 
6. to him on 23 September last requesting his favour to procure His 



Middelburg. Majesty's patent for erecting a new colony on the main continent 
of America, according to the tenor of his petition, copy of which he 
encloses. If it succeeds it must be of advantage to the nation, and 
no prejudice to any one, and is willing to adventure the charges, 
for to any one but himself it IB not of the least worth or value. 
Promises himself shortly to see the effects of his good will. " Rec. 
19 July 1678." Annexed, 

714. I. The petition above referred to (but the name of Marke 
Fletcher has been struck thro' and the letters A. B. sub- 
stituted). Offering to settle a plantation under His 
Majesty's authority on the main continent of America to 
the leeward of Surinam and Essequibo, called Demerara 
in case His Majesty would grant his patent for the esta- 
blishment thereof, or at Jeast a provisional order to 
prosecute the affair. Order of the Lords of Trade and 
Plantations on said petition of A. B. presented by Secretary 
Williamson. That Petitioner more fully explain himself 
in some necessary particulars which are by letter put into 
Secretary Williamson's hands for Petitioner's answer. 

714. II. Sir Robert Southwell to Secretary Williamson. Their 
Lordships not having an opportunity of discoursing with 
" the proposer " desire to be informed on certain points. 
As to whether any are seated thereabouts, what tract of 
land he means to take in, and the description, under what 
tenure the benefits to be expected, what associates, stock 
and strength to maintain the place, and lastly, how far 
he proposes free trade contrary to the Act of Navigation. 
Council Chamber, 1 678, July 30. [Col. Papers, Vol. XLII., 
Nos. 83, 83 I., n. ; also Col Entry Bk., Vol. CV., p. 265.] 

[May 27 ?] 715. The Duke of Monmouth to Sir Thomas Chicheley. Has 
received an Order of the Privy Council to prepare an estimate of 
the charge of 1,000 soldiers in 10 companies, to be raised for defence 
of the Leeward Isles, and their subsistence there for 12 months 
Desires him to send an account of the charge of arms and ammunition 



256 



COLONIAL PAPERS. 



1678. 

for that number of men for one year, also for the officers requisite 
to take care of said stores. p. [Dom. Entry Bk., Chas. II., 
Vol.XLL.p. 129.] 

[May 27 ?] 716. The Duke of Monmouth to Mr. Pepys. Similar letter to 
the preceding, but desires him to send an account of the charge of 
their transportation, and of the necessary provisions for the officers 
and soldiers. p. [Dom. Entry Bk., Chas. IL, Vol. XLL, 
p. 128.] 



May 31. 

Port Royal, 
Jamaica. 



June 1. 



June T 2 j-. 
Barbadoes. 



June T 2 T . 

Barbadoes. 



717. Minutes of Council of War. Upon the present emergency 
of affairs, ordered, after debate, that no ship be permitted 
to sail for Europe until a fortnight hence, when a good fleet of 
merchantmen would be ready, whereby they might in some 
measure secure themselves. [Col Entry Bk., Vol. XXXV., 
p. 658.] 

718. Relation of Thomas Wigfall, Master of the Advice sloop, 
sent to the coast of Hispaniola. That upon 3rd or 4th May last, as 
Count d'Estrees was sailing with his whole fleet to Cura9ao, about 
8 at night, he ran upon the shores of the Isle of Aves, who, with 
two frigates finding themselves aground, fired three guns apiece, 
but the rest mistaking it for the signal of a council of war crowded 
in, and there perished with near 500 men, 250 brass, and 300 iron 
guns. All had run the same fate but for a small privateer who 
gave notice of the danger. Count d'Estrdes' ship " burst " all at 
once, who was saved with difficulty, but most of his men lost. The 
Count stayed off Petit Guavos until 28th May, and then sailed with 
seven ships, all that remained, to France, but was forced to leave 
500 of the Old France men behind. 2 pp. [Col. Papers ,' Vol. XLIL, 
No. 84.] 

719. Governor Sir J. Atkins to Lords of Trade and Plan- 
tations. Actively providing for their own defence. Have repaired 
former fortifications and built new ones, and provided new arms, 
the air very pernicious against keeping things made of iron. In a 
very short time their defences and their militia will be in good 
posture. The last intelligence, the French fleet at St. Christopher's, 
then thirty sail, including fourteen men-of-war ; they used no acts 
of hostility, and believes they have gone home for they have been 
long at sea, and their men very sickly, and many dead. Everyone 
thinking of fitting and putting on his armour. Has thought fit to 
send ships home in fleets, thirty-seven went in the last fleet, and 
twelve go in this. 2 pp. [Col. Papers, Vol. XLIL, No. 85, and 
Col Entry Bk, Vol. 6, pp. 233, 234.] 

720. Governor Sir J. Atkins to [Sir Thomas Dolman]. Refers to 
former letters which have not been understood, the common fate of 
letters of business. Has endeavoured to give their Lordships 
satisfaction as to the laws, and explains their necessity, and why 
some have been re-enacted. It will take some time to transcribe 



AMERICA AND WEST INDIES. 



257 



1678. 



June 4. 



June 5. 



June 7. 

St. James's. 6 



June 7, 



June 7. 

Port Koyal. 



83073. 



all the former laws. The Council and Assembly very averse to 
part with them, which were the foundation of the first settlement, 
and upon which they conceive their proprietary depends. Shall 
very rarely, if the war proceeds, have opportunity of correspondence. 
Our business is to secure ourselves as well as we can. The lying of 
the French fleet in these parts hath given us no small trouble and 
charge. "Rec. 29 July." 2pp. [Col. Papers, Vol. XLIL,No. 86, 
and Col. Entry Bks., Vol. VI., pp. 230-232, and Vol. CV. t 
p. 260.] 

721. Report of King's Counsel to the Duke of York on the 
Petition of Killian van Rensselaer. Find that to the heirs of William 
van Rensselaer the lands called the Rensselaers Wyck, heretofore 
called Williamstad, and now Albany, doth of right belong by a sale 
made to their predecessors in the year 1630, and that they have 
been for some years unduly kept out of the enjoyment thereof. 
Conceive that it is just that the s;dd lands with all former privileges 
be granted to the Petitioners, excepting Orange Fort and the land 
it stands upon, and that those who have built houses on the lands 
while the Petitioners have been out of possession, since 1652, should 
hold the same for 31 years, paying two beaver skins or ono 
according to the value of the houses, and that the Petitioners should 
perform all public duty and pay impositions imposed upon them. 
Signed by John Churchill and Heneage Finch. 2 pp. Printed in 
New York Documents, Vol. III., p. 269. [Col. Papers, Vol. XLIL, 
No. 87.] 

722. The Aggrievances of the Queen of Pamunkey and her son 
Captain John West. Against the Chickehominies, who were once 
under her command, and being reduced to a small number, were by 
the peace by their own consent annexed again to her Government. 
Mem. These were presented to the Court 5th June, the Governor 
not being well, the Secretary sat as President, and returned back. 
2 pp. [Col Papers, Vol. XLIL, No. 88.] 

723. Warrant of the Duke of York to Sir Edmund Andros. 
To grant to the heirs of Killian van Rensselaer the lands called 
Rensselaer's Wick, heretofore called Williamstad, and now Albany, 
excepting Orange's Fort and its outworks. 1 p. Printed in New 
York Documents, Vol. III., p. 269. [Col. Entry Bk., Vol. LXX., 

p. 26.] 

724. Sir John Werden to Sir Edmund Andros. Transmits the 
warrant in favour of Rensselaer's petition, with directions to regulate 
the rent to be charged on existing settlers on his lands. % p. [Col. 
Entry Bk., Vol. LXX., p. 266.] 

725. Minutes of Council of Jamaica. Ordered, the Advice sloop 
having returned from Hispaniola, that she have 201., and Mr. Wigfall 
Wl. for his particular good service and readiness to obey the 
Governor's orders. Upon the news from Hispaniola, ordered that 



258 



COLONIAL PAPERS. 



1678. 

all ships now in harbour be permitted to sail. The Council of 
opinion that martial law be not continued, the same reasons 
prevailing in that as in taking off the embargo. [Col. Entry Bk., 
Vol. XXXV., pp. 658, 659.] 

June 7. 726. Petition of Lieutenant-Colonel Augustine Warner to 
Secretary Ludwell, President, and the Council of Virginia. That 
Captain William Bird of Henrico county, in September 1676, with 
Bacon and about 200 armed men forcibly entered Petitioner's 
dwelling-house in Abbington parish in Gloucester county, and took 
his goods and merchandise to the value of 845 1. 2s. sterling, to the 
Petitioner's damage of at least 1,000/. sterling, who has brought 
his action against said Captain Bird. Prays for judgment, -with 
depositions of John Townley, William Blackburn, William Sympson, 
Richard Scarlett, and William Overton, and Minute of the General 
Court that Thomas Grindon, Attorney of said Bird confesseth 
judgment, which is granted to Petitioner on condition that Captain 
Bird by 3rd November next have liberty to appear in his own 
defence against said judgment, and that in case he die before such 
time, this judgment be void and of none effect. 3 pp. [Col. Papers, 
Vol. XLIL, No. 89.] 

June 8. 727. Orders of a General Court, held at James City. After 
James City, reading His Majesty's letter in behalf of Sarah, widow of William 
Virginia. Dniminond, wn had commenced suit against Lady Frances, as 
executrix of Sir William Berkeley, deceased, and after debate 
thereon it was urged that her petition to the King was in many 
particulars highly false and scandalous. Captain Thomas Swann, 
son of Colonel Thomas Swann, and son-in-law to said Sarah 
Drummond, appearing in her defence, declared that the substance of 
said petition was not so much her averment as that of His Majesty's 
Commissioners. The Council is of opinion that the matter doth 
not lye before them, the Governor by reason of sickness not being 
present. Certified copies by Henry Hartwell, Cl. Con. 1 p. [Col. 
Papers, Vol. XLIL, No. 90 ; also Col Entry Bk., Vol. LXXXI., 
pp. 531, 532.] 

June 10. 728. An exact state of the establishment in Virginia, made this 
10th day of June 1678 (in the handwriting of Governor Lord 
Culpeper). Total amount 6,2831. 16s. 8d. This slightly differs 
from the Establishment in February last, see ante, No. 602, besides 
there are several other persons who were sent over to reduce the 
rebellion, and remain undischarged by Colonel Jeffreys, which Lord 
Culpeper thinks should be all paid off and discharged. 1 p. [Col. 
Papers, Vol. XLIL, No. 91.] 

June 10. 729. Minutes of the Council of St. Christopher's. On proposal 

Pt. christopher's.of the Governor Lieutenant-Colonel John Estridge, Captain Joseph 

Crispe, and Captain Christopher Jeatfreson, of the Council, and 

Thomas Soley, William Colhoun and Ralph Willett, of the Assembly 

are appointed to go forthwith to Nevis to speak with Governor 



AMERICA AND WEST INDIES. 



259 



1678. 



June 26. 



June 11. 



June 14. 

Whitehall. 



June 14. 

Falmouth. 



June 19. 

Whitehall. 



Stapleton touching the affairs of the island. Read the Articles of 
Peace and Neutrality made, dated T 9 May 1678, between the 
English and French in the Caribbee Islands, notwithstanding war 
should happen between England and France in Europe. Proposed 
by the Governor and Captain Joseph Crispe chosen to go to Europe 
as hostage, and promote the amity concluded between the two 
nations and other affairs of this island. Ordered that the negroes 
at work on the fort at Cleverley Hill be dismissed until further 
summons. 

Order of the Governor Council and Assembly to Captain Joseph 
Crispe read to him as their Agent and Procurator touching their 
addresses to be made to His Majesty in behalf of themselves, and 
other His Majesty's subjects in the English part of this island. 
The French hostage having been at the Governor's house at the 
desire of the Assembly, James Laty consented to entertain him at 
his house who was voted 800 Ibs. of sugar per month for his 
accommodation. Major Roger Ellington to take account of all the 
ammunition belonging to the country on Cleverley Hill. [Col. 
Papers, Vol. XXVIII., No. 69, pp. 19, 20.] 



730. Minutes of the Council of Barbadoes. 
issue for calling an Assembly, the election 
[Col. Entry Bk., Vol. XL, p. 297.] 



Ordered that writs 
to be on 8th July. 



731. Journal of Lords of Trade and Plantations. Five letters 
received and read to His Majesty in Council from Governor 
Stapleton, one of 18th April, three of 26th April, and one of 
2nd May (see ante, Nos. 665, 687-9, 697). [Col. Entry Bk. Vol. GV., 
pp. 258, 259.] 

732. Minutes of the Council of Antigua. Present, Colonel 
James Vaughan, Governor, the whole Council and 17 of the 
Assembly. Ordered, that the Justices of the Peace make return 
to the Secretary of any recognizance taken for the King. Full 
power given, in obedience to an order of His Excellency of the 8th 
instant for the speedy coming down of the Governor to Nevis with 
two of the Council and the Speaker of the Assembly to confer for 
the good of His Majesty's service and welfare of this island, to the 
said Governor and Captains William Thomas and Samuel Jones to 
act on their behalf with the consent of Major Thomas Malet, 
Speaker of the Assembly. 1 p. [Gol. Papers, Vol. XXV., No. 55, 
p. 761.] 

733. Order of the King in Council, referring Petition of 
Thomas Gould, John Jeffreys, Alexander Culpeper, George 
Richards, Edward Carter, Henry Meese, Thomas Lane, James 
Tubb, Micajah Perry and Thomas Sands to the Lords of Trade and 
Plantations for their Report. Annexed, 

733. I. The Petition above referred to. Setting forth there is due 
to Petitioners upon several Bills of Exchange a considerable 
sum of money out of the public treasury in Virginia, whicli 

2 



266 



COLONIAL PAPERS. 



1678. 



June ft. 

Barbadoes. 



June 21. 

Whitehall. 



June 22. 

Council 
Chamber. 



June 22. 



Bills were due, and accepted before the Order in Council of 
13th July 1677 (see ante, No. 332). Pray His Majesty in 
Council to order the Treasurer to make speedy payment of 
all said Bills " A true copy, Phil. Lloyd." Rec. and Read 
21st June 1678. 2pp. [Col. Papers, Vol. XLIL, Nos. 92, 
92 i., and Col. Entry Bk. Vol. LXXX., pp. 248-251.] 

734. Governor Atkins to Lords* of Trade and Plantations. 
Refers to his letter of 2nd instant (see ante, No. 719). Sends home 
all the ships now in fleets as most convenient for safety which carry 
a number of seamen who may be useful for His Majesty's present 
occasions. This is the third fleet gone home this year and another 
preparing will be the last this year. The echo from England of the 
war with France makes as great a sound as in England. We are 
employed in fitting our militia and all things necessary. Believes 
D'Estre'es has got home " so that cloud is vanished." Want nothing 
for their defence and doubts not the people will fight to preserve 
their interests. "Reed. 10 August 1678." 1 p. [Col. Papers, 
Vol. XLIL, No. 93 ; also Col. Entry Bk., Vol. VI., pp. 235, 236, and 
Vol. OF., p. 267.] 

735. Journal of Lords of Trade and Plantations. On reading 
an Order of Council of 19th June 1678, referring petition of Thomas 
Gold, John Jeffreys, and others for payment of several sums due 
to Petitioners upon Bills of Exchange out of the public Treasury in 
Virginia, their Lordships are of opinion that the Treasurer in 
whose hands the money lies should forthwith pay those Bills 
accepted by him, and their Lordships will advise His Majesty to 
revoke the Order of 13th July 1677, directing Gawen Corbin to 
forbear payment of said sums until further order. Their LorJships 
report being read in Council on 26th July, following His Majesty's, 
revoked said Order, and Corbin is left at liberty to give Petitioners 
and all others satisfaction according to right. [Col. Entry Bk. } 
Vol. CV.,pp. 259,260.] 

736. Sir Robert Southwell to Gawen Corbin. In reference to 
the petition of Thomas Gould, John Jeffreys, and others for taking 
off the restraint on the Treasurers of Virginia, not to dispose of any 
of the public moneys ; desires him to certify how much remains in 
his hands, and if he have any objections to the moneys being paid. 
[Col. Entry Bk., Vol. LXXX., pp. 251, 252.] 

737. Gawen Corbin to Sir Robert Southwell. Desires His 
Majesty will be pleased to take off the restraint laid on the 
Treasurers of Virginia, forbidding the payment of Bills drawn by 
ordet of the Assembly, by His Majesty's Order in Council of 
13th July 1677, seeing the causes for same are removed by the 
address of the Assembly of Virginia to the King. 1 p. [Col. 
Papers, Vol. XLII No 94, and Col. Entry Bk., Vol. LXXX,, 

f 



AMERICA AND WEST INDIES. 201 



1678. 

June 22. 738. Account of the Bills of Exchange drawn by the Assembly 
of Virginia on Thomas Ludwell, paid to several persons by Gawen 
Corbin, also of Bills drawn by the Assembly of Virginia on Thomas 
Ludwell, which are accepted by Gawen Corbin, but not yet paid 
by reason of the restraint. 1 p. [Gol. Papers, Vol. XLIL, No. 95, 
and Gol Entry Bk., Vol. LXXX., pp. 254, 255.] 

June 26. 739. Order of the King in Council on Report of Lords of Trade 
Whitehall, and Plantations on Petition of Thomas. Gould, John Jeffreys, and 
others as to the payment of Bills of Exchange drawn by the 
Assembly of Virginia out of the public Treasury there, revoking a 
previous Order and leaving Gawen Corbin at liberty to give the 
Petitioners and all others satisfaction according to right. This is 
the order referred to in their Lordships' Journal (see ante, No. 735). 
2 pp. [Gol. 'Papers, Vol. HI., No. 96, and Gol. Entry Bk. Vol. 
LXXX., pp. 256, 258.] 

June 28. 740. Answer of William Stoughton and Peter Bulkeley to 
Mr. Randolph's nnrrative of the State of New England, especially 
as it concerns Massachusetts. Mr. Randolph's stay in New Eng- 
land was so short, his acquaintance there so partial, his prejudices 
so great, that he cannot be thought to attain that truth and 
certainty of information which ought to be in matters of such 
moment. Many of his statements are mere scandals and calumnies 
and misrepresentations. Answer : The freemen have liberty to 
choose or leave out whom they please as Magistrates by a law made 
several years since ; others besides Church members can be made 
freemen, and several have been ; each Magistrate defrays his own 
expenses except for passage over public ferries ; the Massachusetts 
Government in 1652 made no other charge except taking in the 
plantations beyond the Piscataqua which were ruined for want 
of government. Mr. Randolph's statement that the laws are only 
observed as they stand with the Magistrate's convenience is a 
notorious falsehood, as the records of the administration of justice 
will show ; it is a gross mistake to say that five years' possession 
gives a title to land ; the number of those who are not Church 
members is inconsiderable, and there was never such nickname 
between the one and the other as that of Dissenting Party. The 
expenses of those in the Magistracy are far beyond their recom- 
pense, the Governor's salary being 1201., and the magistrate's 35. 
which being not paid in money will amount to little more than 
half so much sterling. The ancient bounds were as far as they are 
now stated by the Lords Chief Justices' opinion ; the stating and 
running of the lines between Massachusetts and Plymouth and 
Connecticut was done to mutual satisfaction. The Massachusetts 
Government never concerned themselves with the giving up of 
Nova Scotia to the French, though they would rather have had 
their fellow subjects neighbours ; the Indian war had its rise in 
New Plymouth, and had the Massachusetts stood neutral they 
would have had no disturbance from the Indians ; the war was not 
provoked by the Massachusetts, who never had any quarrel with 



262 . COLONIAL PAPERS. 

1678. 

Philip 1 iff ore the war broke out, but had often interposed as 
mediators. The Indians have been furnished with arms by the 
French and others, and there was as little liberty, if not less, in 
Massachusetts than in other colonies to sell arms to the Indians. 
Tho Praying Indians were mostly faithful and serviceable in the 
war ; Church members were sent to the war promiscuously with 
others, and of the captains and chief officers slain the greater part 
were Church members. Massachusetts had seven plantations 
utterly, and nine or ten partially, destroyed in the war, while 
Connecticut did not lose one town, and Plymouth only two or three 
villages. The Magistrates are not excused from taxes, which are 
payable in any pay of the country ; the standing revenue of the 
colony has never yet amounted to 7002. sterling per annum, and 
what this comes short of defraying the Government charges (which 
in the whole, communibus annis, before the war did never rise to 
above 1,5002., if so much) is wont to be levied by a common tax. 
There is a full account given every year of the income and 
expenditure by the Treasurer to the General Court, so that there 
can be no corrupt disposal ; the statement of a belief that there 
was a great bank of money in the Treasury is utterly untrue, the 
country being most commonly indebted to the Treasurer and not 
the Treasurer to the country. The people throughout the colony 
generally are earnestly desirous to have the present Government 
continued, and there never was any ground for the insinuation of a 
chance of a civil war between the colonies. There are only six or 
seven Ruling Elders in the whole colony who assist the ministers, 
but are far from keeping them in subjection ; Mr. Graves was not 
turned out of any fellowship, but voluntarily quitted his fellowship, 
intending other employment ; it is notoriously false that any 
person on account of dutifulness to the King has been suffered to 
be ruined. The Massachusetts spent near 8,0002. and many lives 
on the defence of Maine ; Mr. Winslow has declared that his 
answer to Mr. Randolph was that the Massachusetts had carried it 
fairly and neighbourly, and that he never made it his design to 
desire a change in the Government ; as for the petition referred to, 
are not prepared with an answer, as they were not at the time 
supposed concerned in the transactions of Government, but deny 
that persons have been sufferers in estates or denied the privilege 
of choosing magistrates on the account mentioned, and the two 
persons named by him as the chief Petitioners have been long 
entrusted in considerable places of public service, and might have 
been elected magistrates if they had received a sufficient number of 
votes. Endorsed, "Answer to some parts of Mr. Randolph's 
narrative, given to me by the Agents of New England, 28 June 
1678." 8 pp. [Col. Papers, Vol. XLIL, No. 97.] 

June 29. 741. Governor Stapleton to Lords of Trade and Plantations. 

Nevia. Hopes his answer to their letter of 10th September last (see ante, 

No. 404) will be satisfactory. Offers for consideration the Articles 

of Agreement which he has presumed to subscribe with the Count 

de Blenac by virtue of the 19th Article of his instructions. Two 



AMERICA AND WEST INDIES. 203 

1678. 

gentlemen go home, Mr. De Falneau, a Frenchman, and Captain 
Joseph Crispe, of the Council of St. Christopher's, to solicit the 
ratification of the Articles. Reasons for having consented to these 
Articles. The ratification will be of the greatest importance to 
all the planters and merchants, and will much promote His 
Majesty's revenue ; other reasons also given. Sends also the oaths. 
Colonel Randal Russell, the Deputy Governor of Nevis, deceased ; 
no necessity to appoint another, as Stapleton's residence is there. 
Is bold to trouble their Lordships 1. For the seal which is much 
wanted for authorizing public Acts and confirmation of land. 
2. The order for 300 malefactors for St. Christopher's; and 3. His 
arrears in Sir Tobias Bridge's regiment, with many incidental 
charges disbursed for curing wounded soldiers, burying some, and 
on account of arms and certain employments he names. No news 
of M. D'Estrees, or whether he has made any attempt upon Dutch 
or Spanish territory. Since writing the above, news of the loss of 
thirteen sail of the French fleet. Encloses, 

741. I. Answer to the several heads of their Lordships' letter 
above-mentioned of 10th September 1677. 1. The Acts 
now in force are sent from St. Christopher's and Nevis. 
2. Council of the Island of St. CHRISTOPHER'S: 

Deputy Governor Colonel Abednego Mathew. 
Lieutenant-Colonel John Estridge. 
Lieutenant-Colonel John Crook. 
Major Roger Elrington. 
Captain John Pogson. 
Captain Joseph Crispe. 
Captain Samuel Jeaffreson. 

Colonel Francis Morton, of Nevis, having an estate 
in St. Christopher's. 

And Assembly : 

Thomas Soley, Speaker. 
Robert Cave. 
William Calhoun. 
Captain Robert Nesmith. 
James Latty. 
John Wilkins. 
Charles Morris. 
Richard Bespick. 
George Persivall. 
Ensign Zachary Rice. 
Ralph Willett. 

Council of the Island of NEVIS : 

Justice Walter Symonds. 
Colonel Francis Morton. 
Sir James Russell. 

Lieutenant-Colonel Daniel Lanhather. 
John Coombes. 



COLONIAL PAPERS. 

1678. 

Lieutenant-Colonel John Smith. 
Major William Burtt. 
Major John Nethway. 
Justice John Hughes. 

And Assembly : 

Captain Charles Pym, Speaker, 
Captain William Howard.^ 
Phillip Lee. 
Edward James. 
Thomas Bartlett. 
John Bruett. 
Lieutenant John Abbott. 
Ensign Joseph Janey. 
Richard Gary. 

Note. That Colonel Randall Russell, Deputy Governor, is 
deceased, and not yet substituted. 

Council of MONTSERRAT : 

Deputy Governor Colonel Edm. Stapleton. 

Lieutenant-Colonel John Cormack. 

Captain Anthony Hodge. 

Captain John Symms. 

Captain William Freeman, now in England. 

Major Thomas Cane. 

Captain Peter Cove. 

Major Daniel Gallway. 

And Assembly : 

Captain John Devereux, Speaker. 
William Fox. 
John Ryan. 
John Cormack. 
Captain John Bromley. 
Lieutenant William Knoweles. 
Lieutenant John Dames. 
Thomas Daniell. 

Council of ANTIGUA : 

Colonel Phillip Warner, Deputy Governor, being 
removed by His Majesty's Order in Council, now 
is Deputy Governor one 

Colonel James Vaughan, lately commissioned by 
me. 

Lieutenant-Colonel Rowland Williams. 

Lieutenant-Colonel John Mayers. 

Captain Paul Lee. 

Captain John Cade. 

Captain Jeremy Watkins. 

Captain Samuel Jones, 



AMERICA AND WEST INDIES. 265 

1678. 

Captain John Parry, 
Captain Richard Ayers. 

And Representatives : 

William Barnes, Speaker. 

Nathaniel Munk. 

Captain John Winthrop. 

Samuel Maylard. 

Ensign Joseph Hall. 

Lieutenant Peter Willcock. 

Edw. Pauly. 

Lieutenant Samuel Winthrop. 

Thomas Beck. 

Samuel Irish. 

Major Richard Burreston. 

Major Thomas Mallett. 

Christopher Rymer. 

Lieutenant Daniel Mitchell. 

Lieutenant Archibald Cockram. 

William Reynolds. 

John Hamilton. 

John Bryan. 

Lieutenant John Fry. 

Captain John Vernon. 

Anguilla, Statia Saba, and Tor tola having but few 
inhabitants, there are neither Councillors nor Represen- 
tatives, only the Deputy Governor of Anguilla sworn 
Councillor for Anguilla. 3. There are so many Orders 
and Acts of Council in all the islands to copy them would 
take twelve months the quickest pen in the country, and 
has nothing to satisfy any person doing it ; the original 
books can be sent. 4. Concerning an account of warlike 
stores sent by His Majesty's orders since his restoration. 
This island (Nevis) has purchased to the value of near 
130,000 Ibs. of sugar this last year, for here is a great 
consumption of powder in compelling French men of 
war and their merchants to strike to the King's flag. 

5. Accounts of stores of war landed from the Unity of 
London, Captain Arthur Hare sent from the Tower, 

6. Then follows a list of the whites and blacks in the 
several islands. There is an order of the Governor, 
Council, and Assembly for a register to be kept. Has 
made two regiments of that which was but one, and one 
regiment he designs for Antigua. Saba and Statia, each 
about eight miles in length and four miles in breadth. 
Anguilla about 20 miles long and seven wide. List of the 
names of all able men bearing arms, together with the 
number of women and children, as well whites as black, 
specifying whether English, Irish, or French taken 
28th January 1678. In ST. CHRISTOPHER'S, in the 
following parishes, viz., St, John Capistar, St. Anne, Sandy 



266 COLONIAL PAPERS. 

1678. 

Point, St. Mary Cayenne Division, Halfwaytree Division, 
St. Thomas, Middle Island, Trinity Palmeto Point, 
Christ Church, Nicola Town. Total number in the seven 
parishes or divisions white men 695, women 539, children 
663, negroes 1,436 men, women, and children, the Irish 
being 187, French 369, Dutch 11. In NEVIS ISLAND. 
List of the names of Colonel Randall Russell's company 
or division, men, women, and children, whites and blacks ; 
also of the companies or divisions of Lieutenant-Colonel 
Morton, of Major Daniel Lanhather, Captain John 
Hughes, Captain William Burt, Captain Edward Bridge- 
water, Captain William Howard, Captain Edward Earle. 
Captain John Smith, Captain Robert Hammond, Captain 
Thomas Butler, Captain Robert Choppin, and Captain 
John Nethway. Total number of whites, men, women, 
and children, 3,521, of which 800 are Irish and 51 Scotch, 
and 3,849 negroes. In MONTSERRAT. List of the names 
of men, women, and children, whites and blacks, in the 
several divisions of the island, viz., in the divisions of 
Lieutenant- Colonel Cormack, Major Galloway, Captain 
Richard Basse, Captain Nicholas Mead, Captain Peter 
Cove, and Captain Andrew Booth, Within the Cove and 
Palmeto Point Division, St. Peter's Parish, the Northward 
Division, and Captain John Devereux's division. Total 
number of whites, men, women, and children, 2,682, of 
which 1,869 are Irish and 52 Scotch, and 992 negroes. 
In ANTIGUA. List of men, women, and children, whites 
and blacks, in the several divisions of the island, viz., 
Falmouth, Southside Nonsuch Division, Northside 
Nonsuch Division, Belfast Division, Old and New North 
Sound Divisions, Pope's Head Division, Dixon's Bay 
Division, St. John's Division, Carlisle Road Division. 
Total number of whites, men, women, and children, 2,308, 
including 610 Irish and 98 Scotch, and 2,172 negroes. 
In STATIA there are about 69 whites and 100 negroes. 
In SABA 90 whites. In TORTOLA 15, and in ANGUILLA 
550 whites. Total number of persons, 19,692. 

Since writing the foregoing lists Governor Stapleton 
has divided the Nevis regiment into two companies, and 
the Antigua regiment into two companies. Names of all 
the 89 officers. 97 pp. 

741. II. Minutes of the Governor, Council, and Assembly of 
St. Christopher's between February 1676 and February 
1678 in reference to fortifications and provisions and 
the security of the island from invasion. Names of those 
elected to the Assembly April 1676 and April 1677. 
Orders prohibiting the slaves to travel on the Sabbath. 
" Rec. from Col. Stapleton 27 Aug. 1678." 12 pp. 

741. III. Oath of Colonel William Stapleton, Governor of the 
Leeward Islands, for the due execution of the Acts of 
Trade and Navigation. 1678, June 18. 



AMERICA AND WEST INDIES, 2G7 

1678. 

741. IV. Similar oath of Colonel Edmond Stapleton, Deputy 
Governor of Montserrat. 1678, June 18. 

741. V. Similar oath of Colonel Abednego Mathew, Deputy 
Governor of St. Christopher's. 1678, June 18. 

741. VT. Similar oath of Colonel James Vaughan, Deputy Governor 
of Antigua. ] 678, June 22. 

741. VIT. Colonel James Vaughan, Deputy Governor, and William 
Barnes, Speaker of Antigua, to Governor Stapleton. 
Report on the case of Mrs. Joan Hall, formerly 
Mrs. Keynell, concerning her plantation called Betty's 
Hope. Finds that those divested were persons that had 
more lands than they managed or were ever like to 
manage, and were contented at that time with their 
several proportions remaining, and those very lands lay 
so convenient for new settlers that, had it not been so 
ordered, it had been great prejudice to the island, 
Antigua. 1678, June 8. 

741. viu. Governor Stapleton to [Sir Kobert Southwell]. Has 
entered into articles for the continuance of amity and 
good correspondence with the French General the Count 
de Blenac. Begs his assistance for His Majesty's ratifi- 
cation. The bearer, Colonel Morton, of the Council of 
Nevis, goes home for his health and other occasions ; 
asks for kindness to be shown to him. To put their 
Lordships in mind of the 300 malefactors for St. 
Christopher's, and of the seal also, which is long in 
hand and much wanting. As to the balance due from 
Mr. Barnes. Nevis, 1678, June 29. 

741. IX. Articles of neutrality between the English and French 
in the Leeward Islands. St. Christopher's, 1678, May -fa. 
Signed by Abed. Mathew and the Chevalier St. Sanresis. 
Also ratified by Governor Stapleton at Nevis, 12th May 
1678, with his signature and seal, and by the Count 
De Blenac at Martinique, 2nd June (23rd May O.S.) 
1678, with his signature and seal. 8 pp. 
741. x., xi. Copy of the preceding, and a copy in French. 
741. xii. Petition of the Assembly of St Christopher's to 
Governor Stapleton. Praying for a continuation of a 
peace between the English and French at St. Christopher's. 
With twelve signatures. 1678, April 16. 

741. xni. Similar petition to the preceding from the Assembly 
of Nevis. Signed by Charles Pym, Speaker, and seven 
others. 1678, April 16. 

741. xiv. Governor Stapleton to Lords of Trade and Planta- 
tions. Sends annexed account of the ships lost of Count 
D'EstreVs squadron upon the Isle of Aves, ten leagues from 
Curagao. 

741. XV. The list of the ships lost on llth and 13th May 1678. 
Ten French men-of-war, with 490 guns, three Spanish 
capers, with 36 guns and about 500 men. Also list " or 
those remaining." 



268 



COLONIAL PAPERS. 



1678. 



June 29. 



June 29. 

Virginia. 



June 29. 

Virginia. 



July 1. 

Whitehall. 



741. XVI. List of Ships that have laden plantation commodities 
in Nevis from 29th September 1677 to 16th May 1678. 
Total number of ships 65, of 2,078 tons burthen, with 
68 guns, with 1,730 tons of sugar, besides tobacco, indigo, 
and cotton. 

741. xvn. Letter of attorney and procuration given by the 

Governor, Council, and Assembly of St. Christopher's to 
Joseph Crispe, sent to obtain a ratification of the Treaty 
of Neutrality. 1678, June 25. [Col. Papers, Vol. XLII., 
Nos. 98 i-xvu. ; also Col. Entry Bks., Vol. XLVL, 
pp. 314-320, and Vol. CV., pp. 266, 267.] 

742. Abstract of the most remarkable articles contained in the 
several concords of St. Christopher's which are to be confirmed by 
the Treaty of Neutrality with the French in the West Indies. Also 
Observations upon the demands made by Sir William Stapleton to 
the French General in the Leeward Islands. Two papers. 4 pp. 
[Col. Papers, Vol. XLII., Nos. 99, 100.] 

743. Cockaccewe, Queen of Pamunkey,to Colonel Francis Mory- 
son. Finds by experience the great King of England to be her 
very good friend. Shall make it her business to possess her 
neighbour Indians and others to be of the same mind and affection 
to His Majesty as herself, and hopes her example will be a pattern 
to all those who are concerned in these late Articles of Peace, never 
to be violated. If any insurrection arise, it shall be contrary to 
the knowledge of the Queen, who shall endeavour to put a period 
to the least of differences. Has vowed perpetual fidelity to His 
Majesty. Confesses her fault in running away. Yet, His Majesty 
having pardoned it, thinks all others ought to blot it out of their 
remembrance. Is discontented in several things, her grievances 
given in to the Government and Council are deferred to the next 
Assembly. Is very much dissatisfied with the Rappahannocks, 
but especially about the Chickahomineys, who are very disobedient 
to her command for what she bids them do in behalf of the 
English ; they are a deceitful people. Her son presents his humble 
service to the great King of England. " This is the interpretation 
of the Queen of Pamunkey with her mark, attested by me, Cornelius 
Dabney." 1 p. [Col.Papers, Vol. XLII., No. 101.] 

744. Cornelius Dabney, Interpreter to the Queen of Pamunkey, 
to Colonel Francis Moryson, London. That the Indians in peace 
with the English are in fear of the foreign Indians that lately 
attempted against the English, which were none of those included 
in the late peace. It is reported Lord Culpeper will be in at the 
fall, when his advice is much desired by the Queen and himself. 
Fears it will be hard to procure an elk ; the Senecas having put our 
Indians into a fear, they dare not go so high to hunt. His wife 
sends her service. 1 p. [Col. Papers, Vol. XLII., No. 102.] 

745. Warrant to the Lord Chancellor. To apply the Great Seal 
to a Commission, bearing this date, empowering Lieutenant-Colonel 



AMERICA AND WEST INDIES. 269 

1678. 

William Stapleton, Captain-General and Governor- in-Chief of 
St. Christopher's, Nevis, Montserrat, and all other the Caribbee 
Islands lying to Leeward, from Guadaloupe to Porto Rico, to 
conclude with the French Governor in St. Christopher's a peace 
and neutrality to be observed in the islands within Sir William 
Stapleton's jurisdiction, and those belonging to the most Christian 
King, though things should come to a rupture in Europe between 
the two crowns. 1 p. [Dom. Entry Bk., Chaa. //"., Vol. LI. t 
p. 29.] 

July 1. 746. [William Sherwood] to [Secretary Sir Joseph Williamson]. 
James City, Has given account of his severe usage since his last arrival, 
irgima. occasioned by his preferring the country's grievances to the King's 
Commissioners when here. Because of their good Governor's sick- 
ness His Majesty's commands are slighted and contemned by the 
Green Spring faclion, who still endeavour to continue their old 
exactions and abuses. The bearer, Colonel Rowland Place, one of 
the Council here, can give an ample account of matters. 1 p. 
[Col. Papers, Vol. XLIL, No. 103.] 

July 2. 747. Answers of William Stoughton and Peter Bulkeley to the 
Inquiries delivered to k them by order of the Lords of Trade 
and Plantations. Information about the Government, courts of 
judicature, trade and general condition of Massachusetts. The com- 
modities of the country are furs, whale oil, masts, sent to England, 
fish and slaves for Spain and other foreign ports, beef, pork, fish, 
bread, flour, peas, horses, deal boards, timber, &c., for the other 
plantations. The commodities yearly imported are English goods, 
and other the commodities of Europe, as salt, oil, wines, fruits, 
spice, iron, and from the other plantations sugar, cotton, wool, &c. 
Materials for shipping such as masts are to be had and timber for 
building, and tar. Estates of the planters are mean ; of merchants 
there are not above 12 or 14 whose estates reach to 5,000?., and not 
half of these that come to 10,000?. The chief obstructions on 
trade which they desire to have removed are (1) the paying duties 
twice over when they export goods from the plantations, namely, 
once in New England, and again in England ; (2) being obliged, if 
in Europe they take in any goods besides salt, to go to England 
and pay duties on them there. There are no duties on goods 
exported, but goods imported pay \d. in the pound, except salt, 
wool, fish, &c., wh.ch pay nothing. There are higher duties on 
wine and spirits, reaching from 2s. 6d. a hogshead to 10s. a pipe ; 
each vessel that arrives has to pay a small duty towards the 
maintenance of fortifications. In religion there is a full agreement 
with the Articles of the Church of England, but the practice is 
congregational: some few Presbyterians, some Anabaptists and 
Quakers there are, but not in considerahle number. Care is taken 
by law for schools in every town, and select persons are appointed 
to see that children arid servants be taught to read, and to be 
instructed in religion. There are 40 churches, each supplied with 
one or more able ministers, and a sufficient number of scholars are 



270 COLONIAL PA PEES. 

1678. 

educated for the supply of all the colonies. Each town is enjoined 
by law to raise a competent maintenance for their ministers, which 
is done sometimes by a voluntary public contribution, sometimes by 
a common tax. The poor of each town are provided for by each 
town, there are no beggars or idle vagabonds. " Reed. 2 July 
1678." 6 pp. [Col Papers, Vol. XLII., No. 104, and Col. Entry 
Bk., Vol LX., pp. 284-295.] 

July 3. 748. Petition of Richard Smith to the King. Has been for 
many years lawfully seised of a small island in Narragansett Bay, 
anciently called Chissawanock, now Hog Island, lying within the 
New Plymouth jurisdiction. The Rhode Island Government, 
consisting chiefly of Quakers and other sectaries, pretend this 
island to be within their jurisdiction, and for that he will not 
submit to their usurpation have committed many outrages on him, 
despoiling him of his goods and chattels. Prays that letters be 
sent to the Connecticut and New Plymouth Magistrates for 
appointing a commission, one of each colony, for determining these 
complaints, and that the Rhode Island Government be commanded 
to submit to such determination. Underwritten, " Read 3 July 
1678." 1 p. [Col. Papers, Vol XLII., No. 105.] 

July 3. 749. Order of the King in Council. Referring annexed 
Petition to the Lords of Trade and Plantations for their report on 
what they judge most fit to be done for redressing the inconveniences 
complained of. Annexed, 

749. I. Petition of Richard Smith in behalf of himself, John 
Winthrop, Esq., Josiah Winslow, William Harris, John 
Viall, and others to the King. Are inhabitants of the 
Narragansett country, where their ancestors settled 
40 years since, in 13 Charles II., on the petition of John 
Winthrop, John Mason, Samuel Willis, and others, the 
said inhabitants were incorporated as the Governor and 
Company of Connecticut, granting them the land in 
New England, bounded on the East by Narragansett 
Bay, with the adjoining Island; in 15 Charles II. John 
Clark, on behalf of .Benjamin Arnold, William Brenton, 
and others, procured an incorporation grant by the name 
of the (Governor and Company of Rhode Island, and the 
rest of the Colony of Providence Plantations, including 
the lands formerly granted to Connecticut. The Peti- 
tioners, finding many inconveniences arising daily by 
reason of a Government usurped by Rhode Island imposing 
other laws and forms of government, seven years ago 
sent by Richard Smith a petition from the principal 
inhabitants of the Narrangansett country, praying relief 
from the Rhode Island Government, but, the wars with 
Holland intervening, were referred to a more convenient 
time, so that they are without any settled Government. 
Had sent in the late Indian war to Rhode Island for 
protection, which was absolutely denied them, the 



AMERICA AND WEST INDIES. 271 

1678, 

Governor being a Quaker and thinking it perhaps not 
lawful either to give commission or take up arms, so that 
their towns, goods, corn, and cattle was by the " salvage " 
nations burnt and totally destroyed. Pray that letters 
be sent to Rhode Island requiring them to forbear to 
exercise authority over the Narragansett country, and 
that the inhabitants of this country, with the islands 
Qouaniquett, Hope, Patience, and Dutch Island, be 
restored to the Connecticut jurisdiction. Endorsed, " Rec. 
and read, 3 rd of July 1678." Signed copy of same. 
"Read 29 July 1678." Together, three papers. [Col. 
Papers, Vol. XLIL, Nos. 106 i.] 

July 4. 750. Secretary Sir H. Coventry to Lieutenant-Colonel Stapleton, 
Whitehall. Governor of the Leeward Islands. Has lately received his letters 
of 18th April and 2nd May (see ante, Nos. 665, 697), and 
acquainted His Majesty with their contents. He will receive a 
commission under the Great Seal, with full power to treat and 
conclude a peace, and he must look carefully that the French 
powers be every way sufficient as his, to avoid cavils and the 
danger of playing fast and loose. His Majesty approves his 
proceedings, and he may rest secure of his Royal favour. To 
continue his watchfulness and stand upon his guard. [Col. Entry 
Bk., Vol. XCV., p. 280.] 

July 6. 751. Deposition of Paul Williams. In reference to what Colonel 
Edward Hill said concerning His Majesty's letter if any should 
come in favour of Captain Bird, " who was a prisoner of Bacon's, 
and carried about with him when Colonel Warner was plundered, 
for which they have awarded a thousand pound for Bird to pay, 
tho' after His Majesty's pardon." Certified copy by Governor 
Jeffreys. Endorsed by Colonel Moryson, " Head 14 Dec. 1678." 
Two copies. [Col. Papers, Vol. XLII., Nos. 107, 108.] 

July. 752. Petition of Sarah, widow of William Drummond, to 

Governor Jeffreys and the Council of Virginia. Sets forth the 
seizure of her estate by Sir William Berkeley, her petition to His 
Majesty for relief, and the order thereon, and that she has 
summoned Dame Frances Berkeley to this Honourable Court, 
according to His Majesty's command. Prays to be restored to the 
possession of her estate. Also, Account of goods carried to the 
Green Spring, March 1677, amounting to 144. 10s. Certified 
copy by Hen. Hartwell, Cl. Con. 2 pp. [Col. Papers, Vol. XLII. t 
No. 109., and Col. Entry Bk., Vol. LXXXI.,pp. 523-526.] 

July. 753. Petition of Sarah, widow of William Drummond, to 

Governor Jeffreys and the Council of Virginia. Setting forth the 
forcible entry of some twenty persons with swords and guns into 
Petitioner's plantation, by order of Lady Frances Berkeley, and 
the carrying away of certain Indian corn, and that Petitioner has 
commenced her action against said Lady Berkeley in this Court, 



272 COLONIAL PAPERS. 

1678. 

Prays such damages as the Governor or an able jury shall award, 
with costs. Certified copy by Hen. Hartwell, CL Con. 2 pp. [Col. 
Papers, Vol. XLIL, No. 110, and Col. Entry Bk., Vol. LXXXI., 
pp. 527-530.] 

July 8. 754. Sarah Drummond to Colonel Francis Moryson. In justice 
Virginia, to w hat he has done for the lives, liberties, and estates of the 
King's subjects in Virginia, gives him a narrative of her success here 
in his business, and the bad reflections upon himself and Sir John 
Berry concerning same ; and how His Majesty's letter about her 
business was received by the Council, the Governor being sick and 
absent. 3 pp. [Col. Papers, Vol. XLII., No. Ill, and Col. Entry 
Bk. Vol. LXXXI., pp. 533-542.] 

July 9. 755. Order of the King in Council. That copy of the Memorial 
Whitehall. o f the Ambassador of the States General of the United Provinces, 
concerning the ship Asia belonging to the Dutch West India 
Company, seized by Captain Watson of Phoenix, and carried to 
Barbadoes, be sent to Governor Atkins for his answer why 
said ship and goods were not restored according to the sentence 
of the High Court of Admiralty. [Col. Entry Bk, Vol. VI., 
p. 234.] 

July 9. 756. Minutes of the Council of Barbadoes. Present : Sir 
Jonathan Atkins, Governor, Henry Drax, Henry Walrond, Samuel 
Farmer, John Sparkes, Samuel Newton, Thomas Wardall, John 
Peers, Simon Lambert, John Stanfast, and John Witham. The 
Members of the Assembly elected by virtue of the new writs 
presented, viz. : 

St. Thomas, Lieutenant- Colon el James Carter and John Davis, 

returned by Samuel Farmer. 
St. Phillips, Richard Pocock and John Beeke, returned by John 

Witham. 
St. John's, Colonel Christopher Codrington and Colonel Thomas 

Colleton, returned by Henry Walrond. 
St. George's, Rowland Bulkley and Samuel Husband, returned 

by Henry Drax. 
Christchurch, Richard Sea well and Major Richard Williams, 

returned by Samuel Newton. 
St. James', Edward Littleton and James Walwyn, returned by 

John Stanfast. 
St. Andrews, Captain John Gibbs and Captain John Merrick, 

returned by John Sparkes. 
St. Michael's, Colonel William Bate and Colonel Richard Guy, 

returned by Colonel Bate. 
St. Joseph's, Colonel William Sharpe and Edward Binney, 

returned by Thomas Wardall. 
St. Lucy's, John Maddock and Captain Thomas Dowden, 

returned by Simon Lambert. 
St. Peter's, Alexander Ruddock and Major John Steart, returned 

by said Ruddock. 



AMERICA AND WEST INDIES. 



273 



1678. 



July 9. 



July 10. 



July 10. 

Virginia. 



July 15. 

Whitehall. 



July 15. 

Whitehall. 



July 19. 

Port Royal. 

July 20. 



The Assembly presented Colonel Christopher Codringfcon for their 
Speaker, to whom his Excellency desired that the Excise Act 
might be revived and continued. Col. Entry Bk. t Vol. XI. t 
pp. 298, 299.] 

757. Journal of Assembly of Barbadoes. Return of the names 
according to election for the several parishes (see previous 
Abstract). The Assembly being met at the house of Paul Gwynn 
in St. Michael's Town, proceeded to elect a Speaker, and Colonel 
Christopher Codrington was chosen, and presented to the Governor 
and Council, John Higinbotham chosen Clerk, and John Forbes, 
Marshal. The oath taken by the Clerk. 

The House met at the Roebuck in St. Michael's Town. Orders 
and Rules for governing the Assembly in their votes, debates, and 
other proceedings for the honour of the House. An Act to 
revise the Act of Excise passed. The oath administered to 
John Forbes, Marshal. [Col. Entry Bk., Vol. XIIL, pp. 314- 
319.] 

758. Governor Herbert Jeffreys to Colonel Francis Moryson. 
Wrote him a full account of all affairs last week by Captain 
Jeffreys of the Golden Fortune, and now refers him to the bearer, 
Colonel Place, an eye witness of many of the particulars. Desires 
he will inform himself of what he long since prophesied, what a 
sad and hard game Jeffreys had, and has still to play, besides the 
misery of sickness he has undergone, and is not quite rid of. 1 p. 
[Col. Papers, Vol. XLIL, No. 112.] 

759. The King to the Earl of Carlisle, Governor of Jamaica. 
Expected by this time to have been able to have made a more 
certain judgment of the event of things, but some new diffi- 
culties have since arisen which hinder us from seeing clearly which 
way things may turn, or how they will settle. His Majesty has 
thought n't to signify his pleasure that Lord Carlisle continue his 
watchfulness and stand upon his guard as recommended when he 
was here. [Col. Entry Bk., Vol. XCV., p. 281.] 

760. The King to Sir Jonathan Atkins, Governor of Barbadoes. 
To % the same effect as the preceding. To continue his watch- 
fulness and stand upon his guard as formerly. [Col. Entry Bk. t 
Vol. XCV., p. 282.] 

761. Minutes of Council of Jamaica. Present : Governor the 
Earl of Carlisle, Lieutenant-General Sir Henry Morgan and eight 
others. The oaths taken by the Governor and the Council. 

Rowland Powell producing his deputation from Mr. Harris 
took the oath of Secretary and CJerk of the Enrolments ; William 
Barber, deputy of Mr. Dereham, took the oath of Clerk of the 
Patents and Registrar and Clerk of the Chancery. The Governor 
acquainted the Council he had brought over divers laws engrossed 
in parchment under the Great Seal of England. Here follow the 



1071. 



274 



COLONIAL PAPERS. 



1678. 



July 25. 

St. John's 
(Antigua). 



titles. Ordered that Writs be forthwith issued for an Assembly 
to meet on 2nd September. [Col. Entry Bks., Vol. XXXV., 
pp. 060-062.] 

762. Minutes of the Council of Antigua. Present: the whole 
Council and Assembly. Ordered, that two of the Council and two 
of the Assembly examine and return whether the Records be 
sufficiently kept in order ; That an Act be made for payment of 
the powder and ball sent for, repairing churches, forts, and prisons, 
a house to secure ammunition arid the records, and for the charges 
arising by the Treaty of Peace ; That 250,000 Ibs. of sugar or 
tobacco be raised for the above charges, and that an exact account 
be taken of all polls dutiable, both whites and blacks, and of the 
number of acres taken up and returned by the chief officers of 
every division ; That a Committee of the Council and Assembly view 
the records in the Register Office for information of all lands given 
out, and make return before 10th September next; that Commissioners 
be appointed out of the Council and Assembly to audit the Treasury 
accounts for the past year, and call the collectors to account. 1 p. 
[Col Papers, Vol. XXV., No. 55, p. 762.] 



July 23. 

St. 
Christopher'*. 



763. Minutes of the Council of St. Christopher's. Letter lately 
received by the Governor from Governor Stapleton to go forward 
with the fort on Cleverley Hill. Debate concerning the 500Z. 
sterling given by His Majesty out of the Exchequer for the use of 
said fort, but bills having come over for only 400Z. to be paid in 
commodities and pieces of eight at great rates, agreed that they 
do not make use of any part of said money except they have the 
whole ; and for the gunpowder and medicaments received from 
Nevis they are willing to pay in sugar on demand, Governor 
Stapleton to be thus advised and requested to return said bills to 
Captain William Freeman, or order Captain Crispe to receive them 
in London. Ordered that Cleverley Hill fort go forward after the 
bad time of the year is over ; details of the work to be done; any 
slave neglecting to work in his turn his master or mistress to pay 
a fine of 500 Ibs. of sugar. Ordered that 80 Ibs. of sugar a day to 
be allowed for the use of a cart with four able , cattle and two 
carters for carrying stores to said fort. Articles of Peace between 
the English and French in St. Christopher's, consisting of eleven 
articles signed by Abed. Matthew, Governor, John Estridge, John 
Cooke, Roger Elrington, and Joseph Crispe. Also by Le Chevalier 
de St. Lauren s and five others, and by Bigott, interpreter. 
Credentials of Governor Stapleton to Colonel Abednego Matthew, 
Governor of St. Christopher's, to conclude a Treaty of Peace with 
the Chevalier de St. Laurens. Nevis, 1 678, April 23. Also similar 
credentials from the Earl of Blenac, Governor of the French islands 
in America, to the Chevalier de St. Laurens, to conclude a Treaty 
of Peace. St. Christopher's;, 1678, May 2. With the ratification 
of said Articles of Peace by Governor Stapleton and Governor the 
Earl of Blenac. [Col Papers, Vol. XXVIII., No, 69, pp. 21-26.J 



AMERICA AND WEST INDIES. 



275 



1678, 
July 26, 

; Whitehall. 



July 28. 
Whitehall. 



July 30. 



764. Order of the Privy Council on Petition of Robert Morris, 
Nicholas Prynn and John Consett for repayment of certain dis- 
bursements incurred in His Majesty's service and something of His 
Royal Bounty, referring same to Lords of Trade and Plantations 
for their Report. Annexed, 

764. I. Petition of Robert Morris Commander of the Young 

Prince, Nicholas Prynn, Commander of the Richard and 
Elizabeth, and John Consett, Commander of the Mary, to 
the King and Privy Council. That they were com- 
missioned by Governor Berkeley for reducing Virginia to 
its due obedience to which they wholly applied themselves, 
their ships, and their whole strength, and with submission, 
conceive themselves to have been no small instruments in 
suppressing that rebellion. Petitioners have hitherto 
received no manner of reward or even payment of their 
extraordinary expences. Prays for an order for their 
unavoidable disbursements, and for His Majesty's Royal 
Bounty in consideration of their services. The Journal 
or Log of the Young Prince is abstracted in the previous 
volume of this Calendar No. 1035. [Col. Papers, 
Vol. XIII., Xos. 113,1131.] 

765. The King to Herbert Jeffreys, Lieutenant Governor, and the 
Council of Virginia. John Bland has represented that he has 
spent a large part of his estate in settling several plantations in 
Virginia which were entrusted to two of his brothers, who having 
died there he sent over his son Giles Bland as his agent, but he 
suffered death there, and divers persons under several pretences 
have possessed themselves of the slaves, cattle and other goods 
belonging to said John Bland, who being under great weakness is 
necessitated to send his wife to Virginia to recover his estate. 
Recommends Eland's wife to him that he administer unto her 
speedy and impartial justice. [Col. Entry Bk., Vol. CIX.,p. 130.] 

766. Reply of William Stoughton and Peter Bulkeley to the 
complaint of Randall Holden and John Greene. The matters with 
which the complaint began happened about 35 years ago ; were not 
of age to acquaint themselves with those proceedings and can give 
no particular account ; believe that the complainants may be traced 
in the colonies where they have dwelt from place to place as the 
authors and f omenters of trouble and disquiet ; Samuel Gorton (the 
chief among them while he lived) was first expelled from New 
Plymouth, thence removing to Rhode Island was publicly whipped 
for hia seditious carriage and affronting of authority ; thereupon he 
and Randall Holden were made to quit that island^ and went to 
Providence then under no settled government, but what was by 
combination, where though they could not obtain the consent of the 
bettor part to be entertained as dwellers, yet for some time forcing 
an abode on them they soon broke the peace of that place also, 
which forced those of Providence to petition the help of Massa- 
chusetts. The original ground of difference between them and the 

a a 



276 COLONIAL PAPERS. 

1678. 

Massachusetts was not anything of religion, but of a more civil 
nature, for these men leaving Providence went to a place adjacent 
(now called Warwick), and by a pretended purchase from an 
usurping Narragansett Sachem forced themselves into the possessions 
of two other Sachems, the rightful lords, who having submitted 
themselves before to the Massachusetts Government craved their 
interposition. The Massachusetts endeavouring to issue the matter 
with the complainants in a just way of procedure, were entertained 
with the most opprobrious messages and affronts ; the complainants 
have little reason to entitle their sufferings to their not relinquishing 
the sound doctrine and Christian principles taught them in their 
minority by the Church of England, as will appear on perusal of 
their letters sent to the Massachusetts and the writings of that 
grand heresiarch, Samuel Gorton, full of most absurd opinions, 
notorious heterodoxies and some things bordering on blasphemy, so 
that his book was called in by a Committee of Parliament. The 
proceedings of the Massachusetts against them were, by the consent 
and advice of the other colonies who took themselves jointly and 
equally concerned therein, for the security of the whole, inasmuch 
as the Civil War in England prevented an appeal to the King for 
a more regular decision. About 1644 the complainants came into 
England and made their address, not to the King, but to the 
Parliament and their Committee of Lords and Commons for Foreign 
Plantations, nor did their loyalty in the least hinder them from 
seeking and receiving a constitution of government from the powers 
then in being, in which loyalty doubtless they still held when 
afterwards, Randall Holden being on the Bench, one John Gold 
was fined 31. for drinking an health to his present Majesty, and 
also when these men of Warwick did with the joy of bonfires 
voluntarily proclaim Richard Cromwell Protector. Answer, as to 
the withdrawing of the colonies' forces from their towns in the 
Indian War, that the Rhode Island Government would never yield 
any joint assistance against the common enemy nor even within 
their own bounds, on the main, nor garrison their own towns of 
Warwick and Providence, so that if on the necessary withdrawing 
of the forces to pursue the routed enemy up into the wilderness 
they suffered damage, the blame must be on their own Government. 
As for their last complaint in the matter of William Harris, the 
judgment given and the whole powers in pursuance of the King's 
commands to the colonies was since the respondent came over, yet 
they and all others knew that the two gentlemen deputed by 
Massachusetts to be judges were of known moderation and in- 
differency, not at all concerned in the controversy, and such 
doubtless the rest deputed from the other colonies will appear to 
have been and not professed mortal enemies as is most slanderously 
and unchristianly represented. Endorsed " Rec. 30 July 1678." 
Signed. 3 pp. [Col. Papers Vol. XLIL, No. 114.] 

July 30. 767. Reply of Randall Holden and John Greene, Deputies for 
Warwick, to the Answer of William Stoughton and Peter Bulkley, 
Agents for the Massachusetts. Had lately presented to the King 



AMERICA AND WEST INDIES. 277 

1678. 

an account of the many hardships put upon them and others of 
Warwick by the Massachusetts Government, to invalidate the 
sentence given against them by the Deputies of the Massachusetts 
and to show the incom potency for any of that Government to be 
judges in their concerns, they having been from their infancy the 
professed enemies of Rhode Island and having by all means sought 
its ruin. A copy of the complaint was ordered by the King to be 
delivered to the Massachusetts agents to make answer thereto, 
who only recriminated with false and slanderous accusations, which 
they delivered for truth without alleging anything of their own 
knowledge or offering testimony of any witness. Whereas they 
represented the Petitioners along with Samuel Gorton as vagabonds 
and fomenters of disquiet, it appeared, by their own confession, 
that the Massachusetts along with the Plymouth and Connecticut 
Governments were the prosecutors (sic) of the Petitioners and 
other loyal persons who could not submit to their new-fangled 
inventions and rigid discipline and only sought to enjoy the liberty 
which the late King had granted them, with quiet possession of 
their lands which they had improved without the bounds of the 
Massachusetts grant. If the ground of controversy be granted to 
be Massachusetts laying claim to their plantation under pretence of 
two petty Sachems' submission (whom the Massachusetts supported 
in their disloyalty to the Narragansett Sachems), they ought to 
show by what authority they had passed the bounds of their 
jurisdiction and acted barbarously in arming the Indians and in 
joining with them to destroy the Rhode Island people, as is set 
forth in the Petitioners' printed book in 1644. Which proceedings 
show the Massachusetts Government not to be competent judges of 
their right or in the pretences of William Harris. Matter of wonder 
that these agents complain against one Gorton as a grand 
heresiarch, when none have been so great heretics and schismatics 
as themselves, it being notoriously known that Samuel Maverick 
(since one of His Majesty's New England Commissioners), Dr. Child, 
John Smith, Foreless and others, inhabitants of Boston and other 
towns in the colony, on petitioning the General Court for the 
liberty of the Church of England in baptizing of their children, 
were imprisoned and proceeded against, so that it was the common 
report that they would lose their lives, but, after much hardship, 
were released on the payment of a fine of 100. apiece. As for 
Gorton's book which, they say, was called in by a Committee of the 
then Parliament in the rebellion, it can receive no blemish by 
disallowance of that authority. And as the agents dispute loyalty 
with the Petitioners, charging them with making their address in 
1644 not to the King but to the Parliament, reply that the appeal 
was made to the King from the Massachusetts Court, but denied by 
them saying the King had his hands full at home, and on their 
going to England owing to the unnatural war could not come near 
the King, and being a poor yet loyal people, oppressed by potent 
and ill neighbours and reduced to the greatest extremity for 
livelihood, were necessitated to seek relief where only it could be 
had, so far as to return home, leaving the matter of damage for a 



278 COLONIAL PAPERS. 

1678, 

fitter season. As testimony of their loyalty did by a treaty with 
the Narragansett Sachems the chief of all New England bring 
them to acknowledge the King and his successors as the supreme 
lords of that country ; took the Act of Submission with them to 
England, but, not being able to see the King, published it in their 
printed book in 1644, and afterwards in 1665 gave it to the King's 
Commissioners. Challenge the Massachusetts agents to show if at 
any time they had brought any of the Sachems to obedience to the 
King ; on the contrary they had forced them to submit to their 
State without any relation to the King. Dare them to instance 
one act of duty or loyalty towards the King or his father since the 
establishment of the colony or one act of justice done by them 
against one of their own members. The King had been publicly 
proclaimed at Rhode Island, as soon as the Restoration was made 
known to them, with demonstrations of duty, love and loyalty by 
bonfires, feasting and rejoicing. The King's Commissioners in 
1665 and the King's letter in 1666 commend their loyalty and 
the contrary of the Massachusetts, copies of which letters are 
annexed. As for the fining of John Gold by their colony for 
drinking the King's health before his return and that the present 
Complainant Randal Holden sat then on the bench, it is absolutely 
denied as false and scandalous, nor have they ever heard of any 
person that was fined in their colony for expressions of loyaltj', 
although the Massachusetts, by a formal law, made it highly 
punishable to drink that health as any other. In answer to the 
recriminations of the Massachusetts agents, give a few instances 
of the deportment of the Massachusetts Government since the 
Restoration. In 1662 the King appointing Captain Thomas 
Breedon Governor of Nova Scotia and Acadie, with power to expel 
the French there and to raise men in New England for that 
purpose. Captain Breedon coming to Boston and showing the 
commission was told by the Government that the King had no 
authority over them to grant such a commission within their 
jurisdiction ; yet the same Government had readily obeyed the like 
commission sent by that usurper Cromwell under the command of 
one Sedgewick. The King's Commissioners in 1665 were not only 
not permitted to act in their colony, but also in the Northern 
Provinces without their patent, and the inhabitants forbidden to 
obey the Commissioners, and the Commissioners themselves in a 
scornful manner were trumpeted out of Boston. In 1666 several 
eminent gentlemen, for petitioning the Court to obey the King's com- 
mands, were threatened with severe punishment and called factious 
persons, and made incapable of any office in Government. As to 
the charge that Rhode Island lent the other colonies no assistance 
in the late Indian war, answer that Rhode Island and Providence 
did at the request of the other colonies assist them with several 
sloops well manned, when the war began in Plymouth colony, to 
the utmost of their power and great damage of the enemy. But, 
as for the war against the Narragansett Indians, who are the King's 
subjects and have always been friendly- to them, the other colonies 
did not treat with Rhode Island and Providence as to the lawfulness 



AMERICA AND WEST INDIES. 279 

1678. 

or necessity of that war, but proceeded, notwithstanding the King's 
commands in his Letters Patent which forbade any of the Colonies 
to attack the natives without the knowledge of the others. It will 
appear on examination that the Massachusetts Government have 
been the occasion of all those miseries that befell New England in 
the late war by their barbarous usage of the poor Indians that 
border on them or live within their jurisdiction, which caused them 
to fly to arms to right themselves. Humbly submit that the loss 
sustained by Rhode Island in that war ought to be made good by 
Massachusetts, instead of the latter challenging and demanding the 
King's Province and their lands as their right of conquest. As a 
further proof of their loyalty beseech their Lordships to move the 
King to erect a Supreme Court of Judicature over all the colonies 
in New England to decide the long disputes about boundaries and 
relieve the King's subjects from the oppressions of an insulting 
and tyrannical Government. Pray for the renewal of the Royal 
Letters of 10 April 1666 ; that no alteration be made as to the 
bounds settled by the Commissioners in 1665 till all parties shall 
have been heard ; that Connecticut be ordered to restore the town 
of Westerly which they had taken by force ; that all sentences and 
judgments given by the Massachusetts and others against the 
inhabitants of Warwick be declared void, particularly the sentence 
of banishment against the Petitioner, Randal Holden, done in 1643, 
copy of which is annexed. Humbly beg to be suddenly dismissed 
home with this mark of the King's favour, to return to their 
desolate families, friends and plantations ruined and laid waste by 
the late cruel war, and now raising themselves out of the ashes. 
Signed " Randal Howlden " and " John Greene." 7 pp. Col 
Papers, Vol. XLII., No. 115. 

July 30. 768. Journal of Lords of Trade and Plantations. On receipt 
of the reference of 17th July on petition of Randall Holden and 
John Green in behalf of the town of Warwick in New England, 
complaining of the violence of the Massachusetts, and the unjust 
proceedings of the Commissioners in awarding to William Harris, 
of Patuxes, lands belonging to the Petitioners, and 011 His Majesty 
having ordered the part referring to the Massachusetts to be 
delivered to the agents to return answer thereto, the Committee 
order a copy of the agents' answer to be delivered to the men of 
Warwick (together with a copy of the petition of Richard Smith 
and others referred by order of the same date concerning the 
jurisdiction of the Nnrragansett country) to reply to the objections. 
Many of their Lordships do from these dissensions infer the great 
necessity for some General Governor or Supreme Authority over 
the colonies. Their Lordships, being moved at the desire of the 
agents of Boston lor leave to go home, and the debate of that 
matter being entered into, Sir R. Southwell gives an account of his 
report of the whole matter from the root, which, when ready, will 
enable their Lordships to take final resolutions on the whole affair. 
Minutes of 8th April and the points intimated to the agents so 
long since argued over, which confirm many of their Lordships in 



280 



COLONIAL PAPERS. 



1678, 



July 30. 

Whitehall. 



July 31. 

Port Royal. 



their opinions of the necessity of a General Governor. The agents, 
being called in and demanded what answer they had received from 
their principals in the points intimated to them on the 27th July 
and 2nd August 1677, replied that the General Court though 
just rising when their letters were received in October, yet enforced 
the Navigation Act ; that it had since met in May for the election 
of officers, but there is no full account of what they did, the small- 
pox having then very much interrupted their meeting. They 
further said that they always expected to know the full mind of 
His Majesty in all points to be finally signified unto them by their 
Lordships. Being asked if they had powers to sue for a new 
charter, the old one by the report of the Attorney and Solicitor- 
General by many transgressions and forfeitures having become 
void, and that standing so much in need of His Majesty's clemency 
they ought to be very solicitous for pardon and privileges, they 
answer that they had not hitherto been acquainted that their 
charter was declared void, and though they had besides coining 
money exercised jurisdiction on Mr. Gorge's country, they never 
put anyone to death, and till the Judges determined otherwise, 
thought they had liberty so to do. Their Lordships tell them they 
do not declare their charter void, but only intimate to them the 
condition they are in, that they might pray of His Majesty what 
their cause required, as one of their Lordships said they had, upon 
kissing His Majesty's hand, promised to submit to him in all things. 
As to their desiring to go home or be justified in their stay, they 
are told that if they prepare a petition to that effect to His Majesty 
in Council, it will be intimated to them that their stay would be 
convenient to them even for their own interest. Sir K. Southwell 
ordered to make haste with his report, to state therein not only the 
mismanagement but the management without powers, the whole 
fact from the beginning, and to collect what their Lordships had at 
any time proposed for the final regulation of the matter. [Col. 
Entry Bk., Vol. CV., pp. 261-264.] 

769. Journal of Lords of Trade and Plantations. William 
Blathwayt presents an article of disbursement for books and maps 
bought by him at Paris. Their Lordships seem well pleased with 
the collection and order that a list be made of all books, maps and 
papers belonging to the Committee, and that an authentic copy be 
lodged in the Council chest. [Col. Entry Bk., Vol. CV, p. 266.] 

770. Governor Lord Carlisle to Secretary Coventry. Arrived 
on 18th and came on shore next day. His Commission solemnly 
published. Called a Council, only three away, who were sick, of 
the 13, but the name of Ball, one of the African corn-factors 
omitted, so purposes swearing him in next Council. Writs issued 
for calling an Assembly on 2nd September. This harbour much 
strengthened by two new batteries, the Rupert and the Carlisle, by 
the diligence of Sir Henry Morgan since Lord Vaughan left. On 
expectation of war with France many privateers under French 
Commissions coming in ; employing them will be a difficulty unless 



AMERICA AND WEST INDIES. 



281 



1678, 



July. 



Aug. 2. 

Whitehall. 



Aug. 8. 

Whitehall. 



Aug. 8. 



the trade of logwood be adjusted with the Spaniard. Proposes 
trying to recover the French guns. Has ordered the two frigates 
to cruize at sea 14 days. Only two of the soldiers dead, thro' 
excessive drinking of water; they are very necessary for sup- 
pressing the negroes who have been lately very outrageous. Has 
acquainted the Council with most of his instructions, and shall 
endeavour to remove all prejudices and misunderstandings. " Read 
at the Committee 6 Feb. 1679." [Col. Entry Bk., Vol. XXIX., pp. 
251-254.] 

771. Petition of A. B. to the King. Having pitched upon a 
place to the leeward of Surinam and Essequibo, called Demerara, 
fitting for a plantation and place of trade which Petitioner is 
willing, at his own cost, to try if he can bring to perfection, 
requests His Majesty will grant his patent for establishment of 
same, or at least a provisional order to prosecute the affair with 
assistance from the Governors of the Leeward or Caribbee Islands, 
and privilege to transport to Barbadoes and other islands the trees 
and canes cut down for clearing the ground, which are specially 
wanted at Barbadoes for heading staves and hoops for casks. 
Annexed, 

771. I. [Sir Robert South well] to Secretary Sir Joseph Williamson. 

The Lords of Trade and Plantations have perused a 
proposal of a stranger not unknown to him to erect a 
plantation at Demerara, but not having opportunity to 
discourse with him desire he will more fully explain 
himself in some necessary points, which are particularised, 
and put them in Williamson's hands. [Col. Entry Bk., 
Vol. XCVIL, pp. 60-62.] 

772. Petition of John Martyn of Plymouth to the King. The 
Commissioners of the Treasury having ordered him 8001. for the 
service of his ship, the Peter of Plymouth, irnprested in 1667 by 
Lord Willoughby against the French and Dutch at the Leeward 
Islands and payable out of the 4 per cent, on sugars, but being 
clogged with previous orders, prays that payment with interest 
may be appointed on some other fund, with reference to the Lord 
High Treasurer to report. $ p. [Dom. Entry Bk., Chas. //., Vol. 
XLVL,pp. 238.] 

773. Warrant to Lemuel Kingdon, Paymaster of His Majesty's 
forces, to pay to Frances, wife of Lieutenant William Morris, now 
in the King's service in Virginia, all sums due to her said husband, 
according to the closing of the Muster rolls here. [Dom. Entry 
Bk., Chas. II., Vol. XXIX., p. 284.] 

774. Governor Stapleton to Lords of Trade and Plantations. 
The Quaker, ketch, Captain Richard Haddock, has returned from 
Barbadoes, and has ordered him to sail for some secure port until 
after hurricane time. Has thoughts to send her home. Is very 
much afraid that through the Captain's bad usage of warrant 



282 



COLONIAL PAPERS. 



1678. 



Aug. 8. 

St Jagro 
de la Vega. 



Aug. 30. 



Aug. 8. 

James City, 
Virginia. 



Aug. 10. 



officers and seamen hardly any will go home in her, above a third 
being forced by his cruelty to desert the King's service. Captain 
William Freeman will present depositions by which the matter will 
more fully appear. Neither the Commander nor the vessel are fit 
for the service required. " Rec. 28 and Head in Council 30 Oct. 
1678." 2 pp. [Col. Papers, Vol. XLIL, No. 116, and Col. Entry 
Bk., Vol. XLIL, pp. 321-323.] 

775. Minutes of Council of Jamaica. Oaths administered to 
some of the Council. Order for Captain Temple to go with two 
frigates to recover the guns lost by Captain Knapman. That the 
Chief Justice consider of a way for settling a market at St. Jago 
de la Vega for the sale of fish, flesh, fruit and herbs. The 
Surveyor-General's patent read, and Robert Fellgate deputed by 
Charles Modyford to give in 2,000. security. That John Crompton 
pay Thomas Martin 64. 7s. (}d., the moiety of his Commission 
money and mutually seal to each other their releases. 

Return by the Provost Marshal of the writs of election of 
Assembly men. Proclamation to be prepared by the Attorney- 
General prohibiting the making waste and cutting down pimento 
trees without the Governor's license. [Col. Entry Bk., Vol. XXXV., 
pp. 662-666.] 

776. William Sherwood to Secretary Sir Joseph Williamson. 
The peace of the country interrupted by the malice of discontented 
persons of the late Governor Berkeley's party who endeavour to 
bring a contempt upon Colonel Jeffreys, their present good Governor, 
the chief being Lady Berkeley, Colonel Philip Ludwell, Thomas 
Ballard, Colonel Edward Hill, and Major Robert Beverley, all 
cherished by Secretary Ludwell, who acts severely. Their faction 
upheld by the hope of Lord Culpeper doing mighty things for them. 
Is hated and abused for opposing that faction and vindicating the 
King's authority. Refers to the bearer Colonel Rowland Place for 
a more ample account. 1 p. [Col. Papers, Vol. XLII., No. 117.] 

777. Answer of Randal Holden and John Green to the Petition 
of Richard Smith in obedience to the order of the Lords of Trade 
and Plantations of 30th July. Wonder at the confidence of the 
Petitioners in claiming the lands, the King having been declared 
sole proprietor, and the lands called the King's Province (by the 
Royal Commissioners in 1665), who having heard the Petitioners' 
claim with respect to their alleged deed made in 1659, pronounced 
the pretended Indian purchase void, (copies of writings concerning 
this they have to show), and prohibited Connecticut and the other 
colonies from exercising any jurisdiction there, John Winthrop, 
Governor of Connecticut, being then present and ordered the 
temporary jurisdiction of these lands to Rhode Island and Provi- 
dence Plantations. Four years after Connecticut raised new 
disturbances claiming jurisdiction of the King's Province, whereupon 
a Treaty was held at New London, but they remained obstinate 
and perverse and refused an appeal to the King and by violence 



AMERICA AND WEST INDIES. 283 

1678. 

compelled one town, Westerley, to submit to them, and have since 
endeavoured to break in farther into the said province, not regarding 
the Commissioners' decision on the King's declaration of 10th April 
1666, commanding the observance of all determinations made by 
the Commissioners till the King's final determination should be 
made, nevertheless under pretext of conquest from, those Indians 
they strive to take those lands by force from the King. As for 
Rhode Island not sending them help in the Indian war, the 
Petitioners not only disclaimed its jurisdiction, but strove to bring 
in the jurisdiction of Connecticut. Nevertheless the other colonies' 
forces dealt not well by the Petitioner, for after they had made use 
of his house for tbeir head-quarters and garrison they deserted it, 
so that it was soon after burned by the Indians. Commissions were 
given forth by Khode Island in the war with Philip and good 
assistance was given to the other colonies by sloops well-manned 
transporting their men and often venturing hard on shore to fetch 
off their men when in danger, taking care of the wounded men and 
providing quarters. Pray that the jurisdiction of Khode Island may 
be continued entire and that Connecticut be ordered to restore the 
place taken from them. Signed and Endorsed : " Answer of the 
Men of Warwick in Rhode Island." 2 pp. Enclose, 

Petasguamskuck. 777 If Papers delivered by the men of Warwick touching the 
Narragansett Indians surrender," viz. : (1) Acceptance 
by the King's Commissioners of the submission of the 
Narragansett Indians on condition of paying two wolves' 
skins a year on May 29. 1665, March 20. (2) Sir George 
Cartwright to Mr. Gorton. Regretting that at present he 
can do nothing on his behalf, but promising his assistance 
on his return to England. Boston, 1665, May 26. 
(3) Proclamation of the King's Commissioners. Settling 
for the present the government of the Narragansett 
country. 1665, April 8. (4) Proclamation of the Com- 
missioners. Declaring the reception of the Narragansett 
Indians under the King's protection, settling the boun- 
daries and lands of the King's Province. Petaguamscatt, 
1665, March 20. (5) Proclamation of the owners and in- 
habitants of Shaw-Omett to the men styled Commissioners 
sent from Boston. Forbidding them to set foot in their 
land in a hostile way. Shaw-Omett, 1643, September 28. 
(6) Order for the confinement of Samuel Gorton to Charles- 
town during the pleasure of the Court with a copy of the 
charge of heresy against him. 1643, Nov. 3. Endorsed : 
" Copy of papers by the men of Warwick in New England 
on the 10th of Aug. 1678." 7 pp. [Col. Papers, Vol 
XLII.,No8. 118, 



Aug. 12. 778. Sir John Werden to Major Andros. It is his Royal High- 
ness's pleasure that he protects and secures in quiet possession to 
Hippolit Lefevre and John Pledges, his brother-in-law, and one 
Malster, divers parcels of land they have bought from John 
Fenwick in New Jersey, who hath earned one-tenth of that moiety 



284 COLONIAL PAPERS. 

1678. 

of New Jersey which was heretofore Lord Berkeley's, f p 
[Col. Entry Bk., Vol. LXX., p. 27.] 

Aug. 14. 779. Governor Lord Carlisle to [Secretary Coventry]. Arrived 
St. Jago i n seven days from Barbadoes on 18th July. Gave an account by 
ega " the ship Dragon of his reception and of Sir Henry Morgan building 
two new batteries at Port Royal (see ante No. 770). Also sent 
account from the Governor of Cura9ao of the French losses and his 
purpose to recover their brass guns which were sunk. Has also 
proposed to the Council the recovery of their own guns lost three 
years since on the coast of Hispaniola, in between five and nine 
feet of water. Some of the Council much dissatisfied at the 
alterations in the laws and the manner of passing them, particularly 
at a clause in the Militia Bill which they are jealous of lest that 
thereby they make it legal to execute all instructions that are or 
shall be sent to Carlisle or any succeeding Governor, " which scruple 
might easily be avoided, but that the Great Seal being affixed to 
the laws I have no power to make any alteration which I might 
have done both to their satisfaction and the preservation of the 
King's right." Fears the Act for the revenue will not pass without 
difficulty, but shall endeavour all he can. The Treasury exhausted 
and in debt for their new fortifications. The least coin here is 7^d. 
so that the inhabitants suffer much in their way of trade. Desires 
an authority to erect a Mint which the King and Council granted 
to the island. Encloses, 

779. I. An instruction to Governor Lord Carlisle to erect a Mint 
in Jamaica " Read at the Committee 6 Dec. 1678." [Col. 
Papers, Vol. XLII., No. 118*, and Col. Entry Bk., 
Vol. XXIX. pp. 244-247.] 

Aug. 25. 780. Governor Leverett to Secretary Sir Joseph Williamson. 
Boston. Received on July 10 by Mr. Phillips the King's commands, dated 
27 April 1678, and a copy of the oath of allegiance. Presently 
called the Council, but by reason of sickness could not meet till the 
23rd of the same month, when the Governor, Council, and Secretary 
took the oath by the copy sent. On the meeting of the General 
Court the King's commands will be communicated to them and 
doubts not but there will be a ready compliance, p. [Col. Pavers 
Vol. XLII., No. 119.] 

Aug. 26. 781. Commission to Thos. Lord Culpeper, Governor of Virginia, 
appointing him Captain of a company of foot in Virginia, con- 
sisting of one hundred men besides officers. Also Thomas Leigh, 
Lieutenant, and William Armiger, Ensign. [Dom. Entry Book 
Chas. II., Vol. XXIX., pp. 294-5.] 

Aug. 782. " Papers about Captain Breedon " concerning New England. 

During the time of Oliver, New England had always an agent here, 
one Winslow, one-fourth of the children there are not christened 
for they neither baptise nor give the sacrament to other than those 



AMERICA AND WEST INDIES. 285 

1678. 

of their congregation in fellowship. The' most come to Church for 
fear of the 5s. per Sunday. They must enter covenant. One 
Sedgwick was sent, about 1656, to raise men at Boston, which he 
did to reduce New Amsterdam, which being given up by treaty he 
carried those men (and Leverett with them, he thinks) to subdue 
the French broil wherein one of the parties appealed to the Protector. 
But when, in June 1662, Captain Breedon was listing men for that 
expedition under the title he derived from Mr. Elliott of the Bed- 
chamber (before Sir T. Temple regained it) the Governor of Boston 
called for his commission which having shown, he said, " he has 
granted what was not in his power, for we have a charter for all," 
put Breedon in prison for 24 hours till he gave security to desist 
(no such behaviour to Sedgwick, sent by Cromwell ; he was after 
Governor of Jamaica). When the Commissioners went over they 
had different quarters assigned them, but chose to lodge at Captain 
Breedon's. They had exposed their commission about a week before 
to the Governor and Council, but as they were beginning with the 
case of one Deane (about a ship seized contrary to the Act of 
Navigation) there came a rabble of about 100 before the door, a 
sort of herald and a trumpeter, proclaiming a prohibition to the 
Commissioners to proceed or to any to attend at their peril. One 
Peirce, (?) a great fanatic, came first with news of the King's Restora- 
tion with the King's flag in the maintop ; he brought Goffe and 
Whalley who called themselves Richardson and Stevenson (as their 
fathers were called) : Breedon advised seizure ; the Governor saved 
them. Note to mention how Humphries and Cradock were here 
and called on to answer by the Great Council. Was it proposed 
that all the patentees should go over, or were they here such men 
of bulk and estate as to make that unlikely ? If so, explain that 
and speak of the men. How were they to fare who never went 
over and what was their advantage ? Note. The King must either 
have Governor there, or have the absolute government of the place 
here. Did the Company ever sit here, as the Quo Warranto 
explains, or was that only to lay the action ? The ship Eagle 
was here bought by the Company. 3 pp. Printed in New 
York Documents, III., pp. 270, 271. [Col. Papers, Vol. XLIL 

No.no.] 

Aug. 27. 783. Journal of the Lords of Trade and Plantations. There was 

Whitehall, received a box from Governor Stapleton inclosing the following 

papers. Here follows a list of inclosures to the Governor's letter of 

29 June 1 678, which are calendared (see ante, Nos. 74 1 1. - x vii,). Col. 

Entry Bks., Vol. CV., pp. 266, 267, and Vol. XLVI.,pp. 314, 315.] 

Aug. 30. 784. Sir Robert Southwell to Secretary Sir Joseph Williamson. 
Encloses copy of Governor Stapleton's letter of 29 June last, the 
most material of the papers sent is the Treaty of Neutrality he has 
made with the French in St. Christopher's. Encloses, 

784. I. Governor Stapleton to Lords of Trade and Plantations. 
Nevis, 1678, June 29 (see ante, No. 741). " Rec. 27 Aug. 
1678, from Col. Crispe." 



286 COLONIAL PAPERS. 

1678. 

784. ir. Treaty of Neutrality between Governor Stapleton and 
the French Governor in the Leeward Islands. Nevis, 
1678, May ^. " Rec. from Capt. Crispe, 27 Aug. 1678." 
[Col. Papers, Vol. XLIL, Nos. 121, 121 i., ii.j 

Sept. 2. 785. Minutes of Council of Jamaica. The Assembly meeting in 
a full body, the oaths were severally administered to them by the 
Council. William Beeston presented to the Governor, as Speaker, 
who commended their choice. 

Sept. 3. Five Acts sent to the Assembly. The King's instructions to the 
Governor read in open Council. Message from the Assembly 
desiring copy of the Governor's Commission and the oaths to be 
administered to Charles Boucher, Clerk of the Assembly, and both 
were accordingly done. The Attorney-General to attend on Council ; 
the oath to be taken by him. Mem. "Minutes of Council of 
Jamaica wanting from 3 Sept. 1678 to 14 May 1682." [Col. 
Entry Bk, Vol. XXXV., pp. 666-668.] 

Sept. 2. 786. Journals of the Assembly of Jamaica. Heads of a speech 
St. Jago de la which Governor, the Earl of Carlisle, made to the General Assembly 
Veg8 ' on Monday 2nd September. Then the Assembly waited upon the 
Governor at his own house where they took the oaths and after- 
wards went to the Court House and chose William Beeston Speaker. 
Election of Charles Boucher, Clerk of the Assembly, and George 
Bedworth, messenger. 
Sept. 3. Return of the members elected, viz. : 

St. Thomas, Ralph Whitfield and Edward Stanton. 

St. David's, Thomas Ryves and Eleazar Wignall. 

St. Andrew's, Samuel Barry and Richard Braine. 

Port Royal, William Beeston, Samuel Bach, and Anthony 

Swymmer.. 
St. Katherine's, John Bourden, Samuel Bernard and Henry 

Fenwick. 

St. Dorothy's, John Colebeck and Theodore Gary. 
St. John's, Peter Beckford and William Bragg. 
St. Thomas-in- the- "Vale, George Nedham and Fulke Rose. 
Clarendon, Charles Atkinson and Thomas Sutton. 
Vere, George Fawcett and Andrew Langley. 
St. Elizabeth's, Robert Bridgewood and Jonathan Ashurst. 
St. James', Samuel Jenks and Augustine Gavell. 
St. Anne's, Richard Hemings and Benjamin Smith. 
St. Mary's, John Bathurst and Thomas St. Nicholas. 
St. George's, Andrew Orgill and Hump. Baskerville. 

Voted that twenty-one be a quorum. Rules of the House which 
are read. Colonel Long attested that Lieutenant -Colon el Colebeck 
was sworn before three of the Council. Mr. Howser to be requested 
to say prayers every morning between 6 and 7 o'clock. Committee 
to wait on his Excellency for the returns to the writs of election 
that they may examine whether the elections were duly made and 
to desire a copy of his commission ; the former were sent and the 
latter promised as soon as it could be writ out. Form of the oath 



AMERICA AND WEST INDIES. 287 

1678. 

administered by the Council to Charles Boucher, Clerk to the 
Assembly. Mr. Powell, Secretary, brought to the House six papers 
(Titles of Acts). Voted that Samuel Jenks, a member, be sent for 
by a messenger. 

Sept. 4. Copy of his Excellency's Commission brought in ; voted that lie 
be addressed for the original ; the Governor's answer. Another 
address voted, to which his Lordship answered, " that he thought 
they were very nice," but would give order for them to be brought. 
The originals of the papers brought in. Copy of the Commission to 
which the Bills are filed with the titles of the forty Acts. 

Sept. 5. Committee appointed for examining Bills. The Secretary 
brought in three papers ; the titles. Mr. Howser's answer that he 
would give his attendance as requested. 

Sept. 6. Report of the Committee appointed for examining the bills, viz., 
the title of each Act examined, and the variations and omissions as 
sent home by Lord Vaughan. 

Sept. 7. Several Bills brought to the House. Four taken from the 
Committee by the Secretary promising to return them presently, 
which he not doing the House ordered the Clerk to demand them, 
but the Secretary answered His Excellency was perusing them, and 
had ordered no more Bills to be delivered, and he believed no more 
would be till some of those they had were passed. Committee 
appointed to attend His Excellency, whose answer was that he had 
not yet read them, and that we had Bills enough to last until 
Wednesday, which he desired might be read, and what we liked 
passed, and what not to draw up our reasons. Committee appointed 
to examine the Bills and draw up reasons. 

Sept. 12. Voted that every Member who does not appear to-morrow, and 
to every other adjournment, be fined. 

Sept. 13. Voted that the Speaker's warrant be issued to Major Stan ton 
to show cause for his long absence. Reasons drawn up by the 
Committee against passing certain Bills sent to the Assembly by His 
Excellency. 

Sept. 14. Further reasons to be added to those already affected against 
passing the Act for the revenue. The Speaker reported that His 
Excellency demanded the reasons and that the Bills be brought to 
him, but was answered they were in the custody of the Clerk, 
to which His Excellency replied he knew no reason why the Clerk 
should keep any papers His Excellency had a mind to see, and that 
he might in another Assembly appoint a Clerk himself. Put to the 
vote whether the Bills and reasons should be sent to His Excellency, 
and voted in the negative. 

Sept. 17. Ten Bills brought from His Excellency, their titles. The House 
waited on His Excellency. Proceedings on various Bills. On the 
Bill of revenue being about to be read the Speaker informed the 
House His Excellency desired that they would acquaint him before 
reading it, to which the House dissented, and ordered Captains 
Brayne and Nedham to wait on His Excellency and acquaint him 
therewith. They reported he took the message from the House 
kindly, and repeated his wish for them to defer putting the Bill 



288 COLONIAL PAPERS. 

1678. 

for the Revenue to the vote until the Speaker and the whole House 
or a Committee should wait upon him this evening to discuss these 
reasons, that it was a thing of great concern and better delayed 
for five or six days, and to proceed upon some other of the new 
Bills. Voted that the whole House wait upon His Excellency. 

Sept. 18. The Bill for regulating hunting voted not to pass. The Bill for 
Revenue being called, the Speaker said His Excellency had ordered 
the House to be adjourned till Monday if they would proceed upon 
that Bill ; whereupon question whether they should adjourn till 
Monday or address for a longer adjournment, and voted to adjourn 
till Monday. 

Sept. 23. Copy of the writ of election ordered to be entered in the 
Journals. The Clerk attended His Excellency, and said it was 
contrary to his oath to bring to him the reasons of the Assembly 
for not passing the Bill of Revenue, but His Excellency answered 
he mistook the oath, and that it was not meant he should keep any 
secrets from His Excellency, for he would not suffer any such thing ; 
that the meaning was he should not idly tell them about in 
taverns and such like places, and that if he did not bring them 
by six in the morning " he would lay him by the heels and put in 
another clerk next morning." His Excellency sent for the Clerk 
again and told him that things, after they had passed the vote, 
were not secrets, that it was very unreasonable to keep the 
knowledge of the reasons from him, since without them he and 
the Council could not draw up other Bills that might be more to 
their satisfaction. Address of the Assembly to His Excellency 
in reference to their proceeding upon the Bill of Revenue and the 
papers in the custody of their Clerk. Put to the vote whether 
the clause about the Clerk be left out, and carried in the negative. 
Committee who presented the Address reported His Excellency 
desired the Assembly to wait upon him in the morning when he 
would give them an answer. 

Sept. 24. Further proceedings in reference to the Bill of Revenue, and His 
Excellency's answer to their Address. 

Sept. 25. His Excellency's answer to the reasons against the Bill of 
Revenue. " Upon the whole matter, if my advice may prevail 
with you, it shall be that you pass this Bill, and in the most 
obliging manner to His Majesty. You have something to petition 
for ; this may smooth your way to make you successful, your 
posterities and this island happy." Put to the vote whether the 
Bill of Revenue be read or not before any other, voted to be read 
next, and being read voted not to pass. Titles of other Bills voted 
not to pass ; and of other Bills delivered to the Assembly to 
examine by the originals. 

Sept. 26. Reasons drawn up against fifteen Bills that were voted delivered 
to His Excellency, who demanded them. The whole House waited 
upon His Excellency at his request. Bills examined with the 
originals. Message voted to be sent to His Excellency. That the 
reasons sent to him against the Bills were the reasons of the whole 
House, so that no Members ought to be distinguished or parti- 



AMERICA AND WEST INDIES. 289 

1678, 

cularly sent for, neither should they be debated or discoursed by 
any private members now the matter is past. Bills read a first 
time. 

Sept. 27. Bills examined by the Committees, and titles of other Bills read 
a first time. Five Committees appointed to draw up reasons for 
the passing or not passing of certain Bills and examining other 
Bills, the titles of which are given. 

Sept. 28-30. Reports made by the above Committees to the House. [Col. 
Entry Bk. t Vol. XXXVlI.,pp. 195-206.] 

Sept. 3. 787. Warrant to [the Attorney and Solicitor General]. To 
Windsor, prepare a Bill containing a Commission under the Great Seal to 
Edward Randolph, Collector, Surveyor, and Searcher of His 
Majesty's Customs in New England, Thomas Savage, William 
Tayler, George Curwin Wheeler, Thomas Brattle, Thomas Deane, 
James Whetcombe, Richard Wharton, John Richards, Humphrey 
Warren, Thomas Kellum, John Hubbard, Humphrey Davey, and 
Samuel Moseley, also the Council of Our Corporation of Massa- 
chusetts Bay, and the Members of said Council, or any five, power 
and authority to administer to John Leveret, Governor of Our said 
Corporation of Massachusetts Bay, the oath to do his utmost to 
cause the Acts relating to Trade and Navigation to be duly observed. 
Annexed, 

787. i. Form of the oath to be taken by Governor John 
Leveret. [Col. Entry Bk. t Vol. CX., pp. 131-135.] 

Sept. 3. 788. Journal of Assembly of Barbadoes, Conference with the 
Governor and Council. Debate on the paper of heads received ; 
agreed that these answers be returned, viz. : 1. An Act ordered 
to be drawn for reviving the power of Commissioners for settling 
the public accounts. 2. Also an Act to continue the Act of the 
Militia. 3. The Committee of Public Accounts and the gentlemen 
of the Assembly will bring an account of their parishes, and also 
of all arrears. 4. The Committee will also inquire into the 
accounts of the Commissioners for the fortifications, the works 
being near finished. 5. Ordered is prepared for the establishment 
of a gunner and two mattresses to every fort. 6. Ordered that an 
Act be drawn concerning the paying for negroes executed. Order 
for the establishment of a gunner and mattresses to each fort. 
Voted that 200,000 Ibs. of muscovado sugar be presented to His 
Excellency for his better support in the government. 

Sept. 4. Ordered that by the Council and Assembly that the above sugar 
be presented to the Governor. Orders for payment' of salaries to the 
gunners and mattrosses of the several forts ; also to Thomas Rawlins, 
chief gunner. Ordered that the representatives for each parish 
bring in a list of the land and negroes in their respective parishes, 
the total amount of the two last levies, and an account of persons 
in arrear ; also that the Commissioners of the Fortifications bring 
to the Committee for settling the public accounts a perfect account 
of all charges and disbursements for same. Various Acts passed. 

y 8?078. T 



290 



COLONIAL PAPERS. 



1678. 



Sept. 4. 

Antigua. 



Adjourned 
320-325.] 



to 1st October. [Col Entry Bk., Vol. XI II., pp. 



789. Two Acts passed in the island of Antigua, viz., An Act 
enabling Mr. Henry Winthrop, Captain Joseph Winthrop, and 
Lieutenant Samuel Winthrop to sell or divide their estate for 
the payment of debts and legacies. An Act for the enabling 
Mrs. Dorothy Everard, by Major William Barnes and John 
Parry, Esq., her guardians, to make a firm conveyance of her part 
of a certain plantation in old North Sound, late the estate of 
Mr. Thomas Everard, her father, deceased, unto Captain John 
Vernon, her now father-in-law. 4th September 1678. [Col. Entry 
Bk., Vol. L., pp. 329-331.] 



Sept. 7. 

St. 



790. Minutes of the Council of St. Christopher's. Act to be 
made against transporting sugar, indigo, or tobacco except to His 
r s ' Majesty's islands, plantations or dominions, or cattle or horses bred 
in the island on penalty of a firxe of 1,000 Ibs. of sugar for everv 
such offence. [Col Papers, Vol. XX VIII., No. 69, p. 27.]^ 



Sept. 9. 

Windsor. 



Sept. 9. 

Windsor. 



Sept. 9. 

Windsor. 



Sept. 10. 
St. Jago. 



791. Warrant to [the Attorney and Solictor General]. To 
prepare a Bill containing a Commission under the Great Seal to 
Edward Randolph, John Cranston, Francis Brenley, Randal 
Holden, John Sandford, and Arthur Fenner ; also the Members of 
the Council of Our Corporation of Rhode Island and Providence 
Plantation and the Members of the Council, or any five, power and 
authority to administer to Benedict Arnold, Governor of Our said 
Corporation, the oath to do his utmost to cause the Acts relating 
to Trade and Navigation to be duly observed. [Col Entry Bk. t 
Vol. CX., p. 136.] 

792. Similar warrant for a Commission to Edward Randolph, 
James Cudworth, William Bradford, Constant Southworth, 
Peregrine White, Benjamin Church, and Nathaniel Morton to 
administer aforesaid oath to Josias Winslow, Governor of New 
Plymouth. [Col. Entry Bk., Vol. CX.,p. 136.] 

793. Similar warrant for a Commission to Edward Randolph, 
John Fitz Winthrop, Edw. Palms, John Talcot, Richard Smith, 
John Allen, James Richards, Samuel Willis, and Thomas Stoughton 
to administer said oath to William Leet, Governor of Connecticut. 
[Col Entry Bk., Vol. CX.,p. 136.] 

794. Governor Lord Carlisle to Secretary Coventry. The 
Assembly met on the 2nd instant, and are so dissatisfied with 
the alterations in the Government that the Governor questions 
whether they will pass any of these laws. They object to the 
Act for revenue, and are nettled at the expression in the preamble 
that the revenue was raised by the Governor and Council. Has 
given them copies of fourteen more Acts ; only one man can 
write at a time, as they are bulky. Lieutenant-Colonel Beeston is 
Speaker, whom the Governor recommended to them. The Assembly 



AMEBICA AND WEST INDIES. 291 

1678, 

say the laws differ in many things from those sent by Lord 
Vaughan, " which are most usefully framed for their present 
benefit." Popular discourses prevail here as in England ; finds the 
leading men of the Assembly rather frame arguments against the 
present constitution than accommodate things under it. Will do 
his best to remove this difficulty. One of the Council more faulty 
than any man, but is unwilling to name him till he has tried his 
best to reclaim him. " Read at the Committee 6 Feb. 1679." [Col. 
Entry Ms., Vol. XXIX., pp. 249-251.] 

Sept. 14. 795. Governor Atkins to William Blathwayt. In a letter dated 
Barbadoes. a twelvemonth before he received it, the Lords complain that all 
the laws are not sent. They are as voluminous as the statutes of 
England, and has no press and no clerks to dispatch so much 
writing, but all haste possible shall be made to finish and send 
them. Has taken the oath which is registered in the Secretary's 
Office. 1 p. [Col. Papers, Vol. XLII. t No. 122 ; also Col Entry 
Bk., Vol. VI., pp. 236-237.] 

Sept. 16. 796. [Sir Robert Southwell] to Mr. Stoughton. Was sorry to 
Spring GardenB. understand by his letter of Saturday that he lay under any 
indisposition of health ; was lately in the same condition but has 
passed it over. If the papers he desired are only mislaid, hopes 
that with further search they may be retrieved ; would willingly 
vouch nothing but what seemed authentic in all things he touched 
upon. Finds by a letter from Mr. Rawson to Secretary Morice that 
the first Petition and Address from their Colony had a gracious 
answer ; the same appears by another address in form of a letter 
to the King signed 7th August 1661 by Mr. Endicot, whereby it 
appears that the King's said answer mentioned somewhat of Venner, 
who made the Insurrection in Cheapside. Supposes that this letter 
had no answer from the King being on the main only thanks for 
the kindness of the first answer. If otherwise, desires to know. 
Wants hitherto the Petition and Address brought by Mr. Broad- 
street and Mr. Norton after this letter of 7th August 1661. Finds 
in turning over the Council Books an entry on 10th April 1663 to 
the effect that a Letter from New England, and several Instru- 
ments and Papers being read at the Board, the King declared that 
he intended to preserve the Charter of that Plantation and to send 
Commissioners thither speedily to see how the Charter is main- 
tained and to reconcile differences. Would like to see copies of 
that letter, instruments, and papers, which seem to have been sent 
over to uphold the validity of the Charter ; shall be glad to make 
mention of all that has been said. 2 pp. [Col. Papers, VoL 
XLIL, No. 123.] 

Sept. 16, 797. Sir Edmund Andros to William Blathwayt. Arrived on 
York, the 7th after nine weeks passage, found things quiet though much 
alarmed with rumours of war, which occasioned extraordinary 
public charges. Has since received letters from the Governor of 
Maryland of mischiefs done by strange Indiana in the parts of 

Tl 



292 COLONIAL PAPERS. 

1678. 

Virginia and Maryland, apprehending 'tis the Sineques [Senecas] 
and the beginning of a war, which he cannot think, said Sineques 
as well as Moquas having been always very good and faithful to 
this government, though since being treated with by their 
neighbours they have been rude and insolent, and the Moquas 
publicly fetched away by fierce friend Indians of Connecticut, as 
they write, and was owned when they sent to demand but no 
satisfaction given ; which must be expected so long as each petty 
colony hath or assumes absolute power of peace and war, which 
cannot be managed by such popular governments, as was evident 
by the late Indian War in New England. They are as high as ever, 
as appears by the inclosed printed paper disposing of the Narra- 
gansett country ; also how well they observe Acts of Parliament for 
entries and clearings of ships and take the oaths is daily seen. 
Thought to have gone to Peruaquid this year, it having proved 
very advantageous to the fishery by containing all the Indians in 
those parts within the bounds prescribed, but by advice of his 
Council has deferred going till spring to settle things as they ought 
for a continuance ; in the meantime former orders to be observed as 
far as Black Point, being what the Indians were possessed of when 
they submitted ; shall not value the Bostoners talking high of their 
pretended purchase from Gorges, unless ordered from home. 
Endorsed, " Received 18 Nov. 1678. Read in Council 4 Dec. ] 678." 
2 pp. Printed in New York Documents, Vol. III., pp. 271, 272, 
[Col Papers, Vol. XLIL, No. 124; also Col. Entry Bk, Vol. 
XLVIII.,pp. 40-42.] 

[Sept. 17.] 798. Petition of Merchants and Traders of Jamaica and the 
Western Plantations to the King and Privy Council. That the 
intollerable injuries, unheard of cruelties, innumerable depredations 
and bloody murders, committted by the Spaniards upon His 
Majesty's subjects in the West Indies ever since the Peace with Spain 
of July 1670, far exceed those so much worthily detested tortures 
of Amboyna. Recite the petitions of Edmund Cook, Martin 
Stamp and others, the former going with credentials to the Court 
of Spain to demand satisfaction which the Spaniards deny. Pray 
for speedy relief, otherwise Jamaica and all persons trading to those 
parts must inevitably be ruined. " Read in Council 1 7 Sept. 1678." 
1 p. [Col. Papers, Vol. XLIL, No. 125.] 

[Sept. 17.] 799. Petition of Martin Stamp to the King and Privy Council. 
Has obtained several Orders in Council touching the robbing, 
torturing and murdering petitioner's brother Timothy Stamp and 
other English mariners by the Spaniards. His Majesty by com- 
putation has lately lost 1,000 English mariners, in all probability 
murdered by the Spaniards at sea, for seventy sail of merchants are 
lately missing. Recites the proceedings that have been taken by 
the King's Ambassador in Spain and the sufferers to obtain satis- 
faction for upwards of three years and prays for letters of reprisal. 
" Read in Council 17 Sept. 1678." Signed by Martin Stamp. 1 p. 
[Col, Papers, Vol. XL1L> No, 126.] 



AMEKICA AND WEST INDIES. 



293 



678. 

Sept. 18. 800. Warrant to Lemuel Kingdon. Authorising him to redemand 
Windsor. from the officers lately come from Virginia the pay of twenty men 
left behind in Virginia which said officers have received more than 
their due. [Dom. Entry k. t Chas. II., Vol. XLL, p. 170.] 

Sept. 18. 801. [Sir Robert Southwell] to the Earl of Clarendon. Has 
already presented his Lordship with a letter from the Committee 
touching a Book of Entries and some papers of former times. Has 
lately been turning over the Council books and collecting all papers 
he could of what passed to and fro on the King's Restoration, and 
so on to the going over of the Commissioners in 1664 with their 
returns while there. But the account of things is so broken 
notwithstanding what he has got from the Secretary's Offices that 
his entire hope is on what his Lordship will be able to furnish out 
of his father's papers on his arrival at Cornbury. Has much 
reason to hope from them all that he wants, as this affair passed 
under his Lordship's particular conduct. Is at a dead stand till 
his Lordship favour him, but 'tis for His Majesty's and the public 
service. 1 pp. [Col. Papers, Vol. XLIL, No. 127.] 

Sept. 18. 802. [Sir Robert Southwell] to Captain Breedon. Has found 
out, in the Journal of the first Council for Plantations after 
the King's happy return, the narrative he presented ; encloses it 
for perusal, and in order to have it authentic to have it sworn 
to before a master in Chancery. Sends also a letter from 
Mr. Randolph for him to peruse and set forth the particulars 
thereof, if not fully expressed before in the narrative in the best 
manner he could call to mind, and to subscribe and make affidavit 
of it. These things will be evidence of moment in the memorial 
that he is drawing up about the affairs of New England ; shall make 
due report of his loyalty to the Commission. Endorsed) "18 Sept. 
1678. To my Lord Clarendon at Swallowfield for New England 
Papers. Also to Captain Breedon at Dublin." l^pp. [Col. Papers, 
Vol. XLIL, No. 128.] 

803. Caveat to the Clerk of the Signet (on behalf of Dr. Hugh 
Chamberlain ?). Let no Grant pass of the Estate of one Mr. Brett 
of Barbadoes, who has lately laid violent hands on himself until 
notice be given to me. Signed J. W. (Joseph Williamson). N.B. 
This entry has been crossed through with the pen. p. [Dom,. 
Entry Bk., Chas. II., Vol. XLV., p. 55.] 

Sept. 18. 804. Colonel Francis Moryson to [William Blathwayt.] Sends 
papers which show he had a just occasion to desire his vindication 
in the particular of Mrs. Drummond's report, and which he desires 
may be presented to the Lords of Trade and Plantations, that they 
may see how well His Majesty's orders are obeyed iu Virginia. 
1 p. [Col. Papers, Vol. XLIL, No. 129.] 

Oct. 1. 805. The King's Warrant to the Attorney or Solicitor General. 

Whitehall. To prepare a Bill to pass the Great Seal containing a pardon to 

Sands Knowles, a planter of Virginia, for erasing, altering, or 



Sept. 18. 

Whitehall. 



291 COLONIAL PAPERS. 

1678, 

counterfeiting any orders of His Majesty's Commissioners for the 
affairs of Virginia. 1 p. [Doin. Entry Bk., Chaa. II., Vol. XXVIII., 
p. 222.] 

Oct. 1. 806. Journal of Assembly of Barbadoes. Several Acts with 
amendments by the Governor and Council passed. 

Oct. 2. Ordered that the Treasurer make payment to His Excellency of 
one third part of the sums of sugar voted to him, in money or 
what thereof is yet unpaid, and also give him credit for the duty 
of four pipes and a half of Madeira turned sour and altogether 
unsaleable. Two Acts passed. Adjourned to 26th November. 
[Col Entry Bk., Vol. XIII.,pp. 325-327.] 

Oct. 1. 807. Journals of the Assembly of Jamaica. Reports of the 
Committees brought in against those Bills given to them to 
examine. Committee appointed to draw up a Revenue Bill, and 
with it to prepare an Address to his Excellency and to bring them 
both in at 7 o'clock to-morrow morning. Ordered that a Messenger 
with the Speaker's Warrant be sent for Captain Brayne to give 
reason for his non-attendance. 

Oct. 2. Reasons in extenso by the Committee against passing twenty- 
five Bills. 

Oct. 3. Question put whether the enacting part of the Bill for the Public 
Impost should pass under these words, by the Governor, Council, 
and Assembly, or, by the King's most excellent Majesty, by and 
with the consent of the Council and General Assembly, and it was 
voted, by the Governor, Council, and Assembly. Question then 
put whether the Bill should pass under the style of Governor, 
Council, and Assembly, or otherwise, and it was voted otherwise. 
Question put under what style it should pass, by the King's most 
Excellent Majesty by and with the advice and consent of the 
Council and General Assembly. The Bill was then read a first 
time and voted to pass. 

Oct. 4. The above Bill read a second and third time, and voted to pass 
with the " following interlining." Then the House waited upon 
the Governor and Council with said Bill, and the Address which 
follows. 

Oct. 5. The reasons for not passing the twenty-five Bills last read were 
carried to his Excellency by the Speaker. 

Oct. 8. The Bill of Imposts with the Council's amendments brought 
from his Excellency to the House by the Speaker. Committee 
appointed to meet the Council, and also to report thereon. 

Oct. 9. Report of the Committee of the Assembly to the Committee of 
the Council. The Speaker with the whole House waited upon his 
Excellency with the Bill of Impost, and the amendments made by 
the Committee of the Council. Report of the Speaker to the 
House thereon. After several messages betwen the House and his 
Excellency a Committee was appointed to meet with a Committee 
of the Council on their amendments to the Bill of Impost. 
Oct. 10. Report of the Committee to the House on the amendments and 
alterations in the Bill for the Public Imposts. Votes on the several 



AMERICA AND WEST INDIES. 296 

1678. 

amendments. Message to his Excellency, who desired said amend- 
ments to be brought to him in the morning, and if he saw occasion 
he would have another conference. 

Oct 11. Votes on each amendment, the second time and the third time. 
The Bill was engrossed and examined, then signed by the Speaker 
and ordered to be sent to his Excellency. The Speaker with the 
whole House waited upon his Excellency according to his desire. 
[Col. Entry Bk., Vol. XXXVII., pp. 206-214.] 

Oct. 12. 808. Captain Thomas Breedon to Sir Robert Southwell. 

Dublin. Received his of the 18th September (see ante, No. 802), two days 
since with Randolph's enclosed, and copy of a narrative Captain 
Breedon gave in to the Council of Trade about 1660, and will send 
it by Captain Daniel Burgess, who was with Breedon in Nova Scotia 
and New England. Has been ill ever since his arrival her& 1 p. 
[Col. Papers, Vol. XLIL, No. 130.] 

Oct. 12. 809. Sir E. Andros to William Blathwayt. On his arrival 
York, found the country quiet, but much alarmed with news of 
a French war, and has since had several rumours of Indian 
troubles ; his neighbours of Connecticut have written of it, copies 
enclosed with answers ; their acting has made the Indians high if 
not insolent ; never made treaty with the Indians but dealt with 
them as a part of the Government, which he told their neighbours, 
and many more arguments against their going to treat, assuring 
them that as long as the Indians would hearken to this Govern- 
ment they should not hurt them. Now all his hope is regulations 
and orders from the King, as the only means which will keep 
them well in peace. Endorsed, " Received 24 Nov. 1678. Read in 
Council 4* Dec. 1768." Encloses, 

809. i. The Commissioners of the United Colonies to Sir Edmond 
Andros. Congratulate him on his return. Inform him 
of a misunderstanding between the Maquas and their 
friend Indians, the Maquas having made a depredation 
near their English houses, killing and carrying captive 24 ; 
sent for them to be returned, but obtained no more than 
that they should be returned if again sent for ; the Indians 
under the Government of the United Colonies greatly 
complain of the mischiefs done by them ; fear if the 
future quarrel be not prevented it will quickly break out 
into a flame. Hope he will exert his power and interest 
for the return of the captives, and quieting those dis- 
turbances of mankind. Signed by Will. Leete, Joseph 
Dudley, Tho. Hinkley, James Cud worth, John Allen. 
Hartford, 1678, Sept. 6. 

809. II. Answer of Governor Andros to the above. Shall not be 
wanting on his part to act as they may suggest to prevent 
any trouble. Endorsed, " Reed, from Sir E. Andros, 
24 Nov. 1678." New York, 1678, Sept. 10. 

809. m. The Commissioners of the United Colonies to Sir E. 
Andros, Acknowledge his friendly lines. Request him 



COLONIAL PAPERS. 

1678. 

speedily to improve his interest and power for the 
return of those poor captives yet remaining alive among 
the Mohawks, and for the security of their friendly 
Indians ; their bowels cannot but yearn towards them, 
considering how friendly and faithfully they have 
manifested themselves to the English in the late troubles, 
and many of them are amongst the number on whom the 
blessed God has had compassion in sending to them his 
everlasting gospel, hope, not without success to some of 
their poor souls ; have not yet been informed of any just 
grounds that the Maquas pretend for their daily ex- 
cursions. Hartford, 1678, Sept. 14. 

809. IV. Governor Leete to Governor Andros. His letter of 
8th August only just come to hand. Thanks him for 
his loving and neighbourly notice of one so unworthy, 
and for the grateful news of a peace through " Urope," 
hoping such peace may be endeavoured with the 
barbarians who are so apt to revenge and quarrel, and 
thereby embroil their English neighbours. Hartford, 
1678, Sept. J8. 

809. v. Sir E. Andros to the Commissioners of the United 
Colonies. Finds that they having made a particular 
treaty with the Maquas, and afterwards sent to demand 
satisfaction without his knowledge, or notice to any one 
in his absence ; it is not advisable for him to treat 
with the Maquas on their account, unless they send 
some sufficiently authorized for that purpose; is ready 
further to advise on the matter, and to give a meeting 
at Newhaven, or any other fitting place between this and 
that. New York, 1678, Sept. 25. 

809. VI. Governor Andros to Governor Leete. Thanks him for 

his letter. Repeats what he has already said to the 
Commissioners. New York, 1678, Sept. 25. Endorsed, 
"Received from Sir E. Andros, 24 Nov. 1678." Together, 
8 pp. Printed in New York Documents, Vol. III., 
pp. 271-276. [Col Papers, Vol. XLIL, Nos. 131, 
131 I.-VL; see also Col Entry Bh, Vol. LXVIIL, 
pp. 43, 44.] 

Oct. 15. 810. Governor Leverett to Secretary Sir Joseph Williamson. 
Boston. gince his account by Thomas Sexton of the Governor and Magistrates 
taking the oath, the General Court has taken it and ordered its 
taking. Encloses the return of the Court on William Harris's case in 
pursuance to the King's commands from Hampton Court, 4th August 
1675. Thanks his Lordship for his favourable aspect on their 
messengers William Stoughton and Peter Bulkeley. Underwritten, 
'' Read at Committee, 6 Dec. 1678." Encloses, 

810. i. Account of the proceedings of the Commissioners in 

Harris's case. Signed by Thomas Hinckley (President), 
Simon Lynde, James Cudworth, D, Henchman, and 



AMERICA AND WEST INDIES. 297 

1678, 

George Denison. Providence, Rhode Island, 1678 Oct. 5. 
Authenticated copy reed. 7 Oct. 1678 by John Leverett. 
[Col Entry Bk., Vol. LX., pp. 296, 308 ; and Col Papers, 
Vol. XL1L, No. 132.] 

Oct. 17. 811. "Narrative and Deposition of Captain Breedon, concerning 
New England." Being summoned to appear before the Council for 
Foreign Plantations this day, llth March 1660, presents the Massa- 
chusetts Book of Laws ; the distinction between members and 
non-members is as famous as Cavaliers and Roundheads in England ; 
the grievances of non-members who are for the King are really very 
many ; since the King has granted a general pardon it will not 
become him to say they had so much as a stinking breath, although 
they apprehended a gentleman not many years ngo (supposing him 
to be the King) resolving to send him for England, had not Sir 
Henry Moody and others better known His Majesty. They look 
upon themselves as a free State, and in December last sat a week 
in Council before they could agree on writing to the King, there 
being so many against any dependence on England. Asks why 
they do not proclaim the King, or act in his name, or give the 
oath of allegiance to the King instead of an oath of fidelity to 
themselves. On the arrival of Whalley and Gofie in New England, 
advised the Governor to secure them, who answered without a com- 
mission from England none should meddle with them. Was for 
this abused by many, calling him malignant, and the Marshal-General 
of the country coming to him in Court time and grinning in his face 
said, " Speak against Whalley and Goffe, if you dare, if you dare, 
if you dare." Afterwards, the Act of Parliament and King's Pro- 
clamation came into his hands, which some vilified as being more 
malignant pamphlets that he had picked up. Wrote to the Deputy 
Governor a letter (a copy of which is presented), sent it by his 
man with orders to bring an answer, but he was told to begone. 
Many of the soldiers would be glad to have officers by the King's 
commission, two-thirds being now freemen, and a Governor sent 
from the King ; others fear it, and say they will die before they 
lose their liberties, by which it may appear how difficult it is to 
reconcile monarchy and independency. There is a law punishing 
any attempt to subvert their frame of government with death, and 
if any speak for the King's interest they are esteemed as against 
the frame of government and as mutineers, under which pressure 
many groaned at his coming away. Of great concernment that a 
speedy course should be taken for settling the country in due 
obedience, the two Hectors, Whalley and Goffe, daily buzzing in 
their ears a change of Government in England, and multitudes of 
discontented persons of their gang going and sending their estates 
thither. What the effects will be is to be feared, they being the 
key of the Indies, without which Jamaica, Barbados, and the 
Caribbee Islands are not able to subsist, there being many thousand 
tons of provisions, as beef, pork, peas, biscuit, butter, fish, carried 
to'Spain, Portugal, and Indies every year, besides sufficient for the 
country's use. The French and Dutch trading to the English 



298 COLONIAL PAPERS. 

1678. 

Plantations in America is much to the prejudice of England and to 
the loss of Customs many thousands pounds yearly. Advises that 
the merchants trading to New England should give security for 
their friends' allegiance there under pain of an embargo being laid 
on all shipping bound thither, and that the King should conclude 
of sending over for establishing the colony in peace and obedience. 
Deposition attesting the above as a true copy of a paper delivered 
to the Committee for Plantations signed by Thomas Breedon. 
jurat, coram me xvii die Oct r 1678. Jo. Topham. 3 pp. [Col. 
Papers, Vol. XLIL, No. 133.] 

Oct. 21. 812. The King's Warrant to Henry Harris, " one of our chief 
Whitehall. Gravers." To prepare two great seals of silver for our Leeward 
Islands, on one side to be engraven our effigies crowned in royal 
vestments holding a trident in one hand placed sitting on a chariot 
in the ocean drawn by two sea horses, with this inscription : 
Sigillum Insularum S fi Christophori, Nevis, Antegoa, Montserrat, 
&G., on the other side our arms with the garter, crown, supporters, 
and mottoes, and this inscription : Carolus II. Dei Gratia Magnce 
Eritannioe Francice et Hibernce Rex Fidei Defensor. Annexed, 

812. I. Order of the King in Council. The Lords of Trade and 
Plantations having this day presented to His Majesty a 
seal for the Leeward Islands, ordered that same be trans- 
mitted to Governor Stapleton, and that the charge for 
cutting be put to the account of contingent expenses and 
satisfied out of the Exchequer. Whitehall, 1678, Oct. 30. 

812. II. Order of the King in Council. His Majesty being willing 
to contribute by all possible means to the welfare and 
prosperity of the Leeward Islands, and as nothing can 
prove of greater encouragement to planting than that the 
possessions of his subjects may be made firm to them and 
their posterity, approves the seal for the Leeward Islands, 
and orders that it be affixed to all patents and grants of 
land and all other public acts and instruments made 
within said islands, and that the same be immediately trans- 
mitted to Governor Stapleton; and it is further ordered 
that publication hereof be made in each of said islands by 
Governor Stapleton. Whitehall, 1678, Oct. 30. 

812. ill. Reference by Sir John Ernie, Chancellor of the Ex- 
chequer, to Henry Slingesby, master and worker of His 
Majesty's Mint, to report what he thinks may be a 
reasonable price to be paid to Henry Harris for cutting 
the seal for the Leeward Islands, the price demanded 
seeming by the Lords of Trade and Plantations to be too 
great .and unreasonable. Whitehall, 1678, Nov. 19. 

812. IV. William Blathwayt to Mr. Lawrence. Sends copy of 
the above reference to H. Slingesby for appraising a seal 
cut by Mr. Harris of the Play House. Plantation Office, 
1678, Nov. 20. 

812. V. Report of H. Slingesby to the Chancellor of the Ex- 
chequer. That he has perused the accounts of Mr. 



AMEBICA AND WEST INDIES. 299 

1678. 

Symonds, chief graver of His Majesty's seals, and finds 
he demanded 701. for making a large double seal of silver 
for Barbadoes, weighing ten pounds, but does not find he 
was allowed or paid for it according to his demands. Has 
likewise seen the impressions of the new seal for the 
Leeward Islands which he conceives may be mended, yet 
cannot judge it equal in value with that of Mr. Symonds, 
who was a great artist and an excellent graver, never- 
theless submits same to his better judgment. 1678 
Nov. 21. 

812. VI. Receipt by William Freeman for the great seal of the 
Leeward Islands from Sir Philip Lloyd, Clerk of the Privy 
Council, to be transmitted to Governor Stapleton, 1678, 
Nov. 30. Together, Jive papers. [Col. Papers, Vol. XLII., 
Noa. 134, 134 I., in., iv., V. ; and Col. Entry Bks., 
Vol XLVI.,pp. 323-327, and Vol. CX.,p. 137.] 

Oct 23. 813. Captain Thomas Breedon to [Edmund Randolph]. Received 
his enclosed in Sir Robert Southwell's, to which he answers that, 
on his coming from Nova Scotia to Boston to raise forces according 
to the King's Commission, the Governor having read the Com- 
mission, told him that it was more than the King could grant, by 
which it may appear that, though they obeyed Cromwell's Commis- 
sion given some years before to Major Sedgwick, they would not the 
King's, but committed him [Breedon] to prison and tried him for 
his life at a General Court, they being accusers, jury, and judges, 
to whom he refused to plead ; but Captain Luke after, some debate, so 
moderated the Court that they only fined him 200. and bound 
him to his good behaviour during his stay in the country, both of 
which he avoided by going to England. The matter was referred 
in 1664 to the Commissioners, who, sitting at his house at Boston, 
summoned all persons concerned to attend, but the Government 
sent a herald and trumpeter and 100 people accompanying them 
to proclaim that the Commissioners should not act in that govern- 
ment nor any persons give obedience, by which the meeting was 
dissolved and nothing farther done, the Commissioners leaving 
Boston about a week after ; has heard since then that Captain 
Nicholas, Sir Robert Carr, Colonel Cartwright, and Mr. Maverick 
are all dead, knows not what account any of them gave of it. 
Need say no more of the reception of Whalley and Goffe at Boston, 
and of^ Mr. Norton and Mr. Broadstreet ; Broadstreet's agencies ; 
adds that one Winslow was their agent maintained in Cromwell's 
time, and after him Captain John Leverett till some time after the 
restoration ; humbly submits how requisite it may be that they 
maintain an Agent now in England. 2 pp. [Col. Papers, 
Vol. XLII., No. 135.] 

Oct. 24. 814. Governor Lord Carlisle to Lords of Trade and Plantations. 

St. Jagoiela Has met with the difficulties he foresaw, but could neither avoid 

Vega- nor prevent, in England. The Assembly met 2nd September last. 

Recommended to them several bills he brought over under the 



300 COLONIAL PAPEES. 

1678. 

Great Seal of England for their consent, but being much dissatisfied 
at the new form of government and losing their deliberative part 
of power in altering and amending laws, they would not pass one 
of them, but threw them all out. They prepared an Address with 
a Bill of Imposts on wines and strong liquors for a year in such 
terms it was not fit for the Governor to pass, but afterwards 
making amendments, he gave the Royal assent and dissolved them 
on 12th instant. His earnest suit to all their Lordships is to take 
the present state of this colony into their consideration for some 
expedient which may quiet the minds of persons generally dis- 
satisfied in this island, " which is most certainly under the greatest 
hopes of an improvement of all the islands in the West Indies, and 
therefore most fit to be encouraged with the King's countenance 
and supported with good and acceptable laws." Begs that the Bills 
he may send may be despatched speedily. Has lately recovered 
out of the sea on the coast of Hispaniola the twenty great guns 
with 212 great shot lost in Captain Knapman's ship in Lord 
Vaughan's voyage to this island. Endorsed, " Read in Council 
22 Feb. 1679." [Ool. Papers, Vol. XLIL, No. 136 ; and Col Entry 
Bk, Vol. XXIX., pp. 270-272.] 

Oct. 24. 815. Governor Lord Carlisle to Secretary Coventry. H.M.S. 
St. Jago de la Jersey has brought into Port Royal twenty great guns and 
Vega. 212 great shot from the wreck. The Hunter much disabled 
with lightning and thunder while cruizing, but has been refitted 
and gone out again. Remarks on the Assembly to the same effect 
as in his letter to Lords of Trade and Plantations. Put this 
question to each of the Councillors, " Do you submit and consent 
to this present form of government which His Majesty hath been 
pleased to order for this island of Jamaica ?" to which Colonel 
Long, Chief Justice, and Colonel Thomas Freeman and Charles 
Whitfield refused to answer, but sent their submission the next 
morning, except Whitfield, otherwise a very good man, who went 
into the country. Reasons drawn up by the Assembly against 
passing the laws, many very frivolous, but the best was because 
they were not compared with and amended by the last laws of 
Lord Vaughan, now with Secretary Coventry, received some two 
days before Lord Carlisle's coming away. Has answered their 
reasons against the Revenue Bill. But no means would prevail 
with them to pass any one of them. Describes what he looks 
upon to be their chief reason. In one part of their objection thinks 
they are right, for they will want temporary laws till the Colony 
be better grown. Is of opinion it's very advisable and requisite 
that here should be power from the King to make laws, not 
relating to His Majesty's power or prerogative, to endure for some 
term until his approbation may be had ; earnestly entreats his 
care in this. Remarks on the address to the Governor on a Bill 
for a Public Impost. Dissolved the Assembly on 12th instant. 
Many English prisoners at the Havaun and other places, of whom 
he has a list. About 1,'200 privateers abroad, but some come in 
since his arrival, and more hoped for from the encouragement 



AMERICA AND WEST INDIES. 301 

1678. 

he has given them to stay ; they have generally French com- 
missions. Some of them in revenge for Spanish injuries took 
Campeachy and kept it several days. If a war with France, this 
island will stand in need of their assistance, for we have not above 
four thousand whites able to hear arms, a secret not fit to be 
made public. Our best lawyers of opinion that all the laws are 
determined, though the people believe them to be still in force. 
If he finds any questions in the Courts of Judicature, has a 
Proclamation ready to declare them good till His Majesty's 
pleasure be known. " Read at the Committee 5 April 1679." 
[Col. Entry Bk., Vol. XXIX., pp. 277-284.] 

Oct. 24. 816. Governor Lord Carlisle to Secretary Sir Josiah Williamson. 

St. Jago. Will most readily show any kindness to Captain Beckfort. Has 
recovered the twenty great guns lost when Lord Vaughan came 
over. The proceedings of the Assembly have been so cross-grained 
that they have thrown out all the Bills he brought under the Great 
Seal. The disgust to the new frame of Government occasioned it. 
Some of the laws were faulty themselves. Withstood some of 
these alterations for in some measure he foresaw what has 
happened. It rests now with the King and those about him to 
consider whether you will gratify the people in reverting to the 
former way. The dilatoriness of passing laws in a new Colony is 
a sting he shall beg may be altered. Has taken more pains than 
ever he did in any business in his life to make the Assembly 
sensible of the hurt they did themselves and the island, but all to 
no purpose ; they will not consent to lose their deliberative power. 
Great difficulty in getting the Bill of Impost for one year amended 
in any measure fit to pass. His health better than in England. 
2 pp. [Col. Papers, Vol. XLIL, No. 137.] 

Oct. 25. 817. Colonel Francis Moryson to W. Blathwayt. Sends an 
order lately received from Virginia which will show the Lords of 
Trade and Plantations a prospect of the arrogancy of Virginia 
Assemblies. This order was made by an Assembly that was called 
after our coming away, that which sat during the time the 
Commissioners executed their Commission never so much as 
questioned their power, which was sufficiently understood. This 
very Beverly that complained had a sight of as much as concerned 
his delivery of the records before we had them. Did not think it 
necessary to record an executed Commission in an inferior Court 
" This order was made by the House of Burgesses and not by both 
Houses, thus you will see how unfit appeals in causes lye to them 
from the Governor and Council that make the other House." 
Encloses, 

817. I- Representation of House of Burgesses of Virginia to 
Governor Jeffreys. That Sir John Berry and Colonel 
Moryson, His Majesty's Commissioners, by warrant dated 
19th April 1677, commanded and forced from Robert 
Beverly, Clerk of the Assembly, into said Commissioners' 
keeping for several months, all the original journals, Acts, 



302 



COLONIAL PAPERS. 



1678. 



Oct. 29. 



Oct. 30. 



Oct. 30. 

Whitehall. 



Oct. 30. 

Whitehall. 



orders, laws, proceedings, gifts, levies, accounts, and all 
other public allowances whatsoever which concern the 
Assembly begun at Green Spring 20th February 1677, 
and also in March and June 1676, "which we take to be 
a great violation of our proceedings," declaring they had 
full power from His Majesty, " which this House do 
humbly suppose His Majesty would not grant or command, 
for that they find not the same to have been practised by 
any of the kings of England in the like case." And 
because this Commission was never published, or put on 
record, this House prays His Honour to grant them a 
view of it, and as His