CALENDARS.
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y 83072. Wt. 8573.
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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 Majesty's Governor and represen-
tative to give this House such satisfaction that they may
be assured no such violation of their privileges shall
be offered for the future. " Test. Robert Beverly,
Cl. Assembly." Endorsed, " Enclosed in a letter from Col.
Moryson reed. 25 Oct. 1678." [Col. Papers, Vol. XLIL,
Nos. 138, 138 i.]
818. Colonel Francis Moryson to [William Blathwayt]. Has
sent the Commission which the Commissioners acted upon in Virginia,
that the Lords may be informed that the records and other papers
were commanded by virtue of their Commission, and not by force,
as the Order of Assembly imports (see 23rd October 1677). That
Beverly had a sight of said Commission before he delivered the
records. Replies to other points in reference to said Order. [Col
Papers, Vol. XLIL, No. 139.]
819. The King to the Earl of Carlisle, Governor of Jamaica.
To cause John Ball to be sworn one of the Council, his name
having been omitted in his Lordship's instructions among the rest
of the Members of the Council. [Col Entry Bk. t Vol. XXIX.,
p. 242.]
820. Order of the King in Council. That the letter from the
earl of Carlisle, Governor of Jamaica [to Secretary Coventry],
dated 14th August last, be referred to Lords of Trade and Plan-
tations for their report as to what they think fit to be done therein.
" Read at the Committee 6 Dec. 1678." [Col. Papers, Vol. XLIL,
No. 140, and Col. Entry Bks., Vol. XXIX., p. 243.]
821. Order of the King in Council. On representation of the
Assembly of Virginia to Governor Jeffreys, setting forth that His
Majesty's Commissioners had forced from the Clerk of the Assembly
all their original journals, Acts, and other public papers, which
they took as a great violation of their privileges, and desired that
they might be assured no such violation should be offered for the
future, His Majesty, taking notice of the great presumption of
said Assembly in calling in question his said authority derived
to his said Commissioners, refers the consideration thereof to the
Lords of Trade and Plantations for their report of what they think.
AMERICA AND WEST INDIES. 303
1678.
fit to be done in vindication of His Majesty's authority, and for
bringing said Assembly to a due sense and acknowledgment of
their duty and submission towards His Majesty, and such as are
commissionated by him. Also to prepare a scheme of laws and
orders to be transmitted to said Colony of Virginia. 1 p. [Col.
Papers, Vol. XLIL, No. 141.]
Oct. 31. 822; Minutes of a Committee of the Gambia Adventurers.
Gresham Resolved that intimation be sent to the Royal African Company
ge> that the appraisers for both stocks have agreed on the appraisement
of all ammunition, great guns, small arms, ships, boats, and all
merchandise which they had remaining on James Island, Bence
Island, and Sherbero, and said goods are delivered at each place
to the factors of the Royal Company, for which the Gambia
Adventurers expect payment according to the articles. The
appraisement of James Island amounts to G.814. 8s. 2d. t of Bence
Island to 4,644Z. 4s. 9d., and of Sherbero to 1,068Z. 13s. 5d.
Dec. 10. Ordered that copy of above resolution delivered to Royal African
Company by Squire Bence, with clause of the lease relating to the
time of payment, be presented to the Royal African Company by
Squire Bence and Benjamin Hinton, demanding payment of said
sum of 12,527?. 4s. 4d The clause of the lease that within one
month of said appraisement the money shall be paid by the Royal
Company. Answer of the Court of Assistants of the Royal African
Company, " That at present the accounts are under examination,
and so can give no further answer." 1 p. [Col. Papers, Vol. XLII.,
No. 142.]
Nov. 5 & 6. 823. Minutes of the Council of Antigua. Present, the Governor,
St. John's Council, and Assembly. Ordered, that the book of patents
(Antigua), belonging to the Registrar's Office be transcribed and a good book
provided for that purpose, and that the Acts for resettling the
island, and confirmation of all titles of land, be entered in the
frontispiece.
Nov. 6. Ordered, That a day of thanksgiving for deliverances be held on
the 21st instant, and that the 10th of June be annually kept as a
fast and day of humiliation that it may please God to avert them.
That an agreement be made by some of the Assembly with a
surveyor for drawing a map of the island. Ordered by the Governor,
That the Assembly be dissolved. % p. [Col. Papers, Vol. XXV.,
No. 55*, p. 762.]
Nov. 6. 824. Minutes of the Council of St. Christopher's. Proposed
St. by the Governor that Lieutenant-Colonel John Estridge go to
Chmtophers. Q overnor gt. Laurens, and complain of the many injuries and
abuses the English daily receive from the French and their negroes
while going about their lawful occasions. [Col. Papers, VoL XX VIII ,
No. 69, p. 27.]
Nov. . . 825 k Governor Sir Jonathan Atkins to Lords of Trade and
Barbadoes. Plantations. Their letter of 14th April 1676 came not to his hand
until July 1678, "and 'tis often so here," inore than twenty weeks
304 COLONIAL PAPERS.
1678.
since any ship arrived from London. Has made return of all laws
since he came Governor. Remarks on the object of passing some
of them. Two years ago sent the laws since made. The people
conceive that, until His Majesty confirm or reject the laws presented
to him, that they continue to be laws, for 'tis a dangerous thing to
leave them without laws, they having never yet been governed
but by laws of their own making. Ill effects of waiting for their
confirmation, inevitable ruin may fall upon the place. The
Assembly seldom sets long. Now in time of the great noise of
war are preparing for their defence. Neither press nor clerks here
to transcribe the laws, so could not be sent sooner. The people
very jealous of their laws, apprehending that, if they were taken
away, their proprietors might follow them. When a law is made
and published, which is done in every church in the island the
Sunday after the confirmation, none observe them or obey them
better than these people, the Quakers excepted, who oppose all
that concerns the Church or State, and they are so well acquainted
with them, keeping copies of them. Death of Samuel Farmer
and John Sparkes, of the Council. Sir Peter Colleton has been
away three years, and Colonel Willoughby, now Lord [Charles]
Willoughby, returned to England, so can hardly make a Council,
Wardell being an ancient gentleman and sometimes not able to
attend, and without the quorum of seven no order can pass. Has
sworn Richard Howell a Member, and represented to Secretary
Coventry three others, Colonel Codrington, once Deputy Governor,
William Bates, and William Sharpe. Others may deserve well, but
none very desirous to be of the Council, for 'tis a great burden to
attend every month and neglect their own charge. Endorsed,
" Rec. 20 Feb. 1679 with the laws by Capt. John Price." 3 pp.
Annexed,
825. I. The titles of the Twenty-seven laws transmitted by
Governor Atkins made in March, July, October, and
December 1677, and in January, March, April, May, and
October 1678. [Col Papers, Vol. XLIL, No. 143, and
Col. Entry Bks., Vol. VI., pp. 238-249.]
Nov. 14. 826. Governor Atkins to [William Blathwayt ?]. Has sent the
B 
