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
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