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Full text of "Acts of the Privy Council of England"

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Acts of the Privy Council of England. 




3 1924 026 356 299 




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ACTS 



OF THE 



PKIVY COUNCIL 

OF ENGLAND. 



COLONIAL SERIES. 

VOL. I. 

AD. 1613-1680. 



EDITED THROUGH THE DIRECTION OP THE 

LORD PRESIDENT OF THE COUNCIL 

BY 

W. L. GRANT. M.A.. 

Beit Lecturer in Colonial History in the 
University of Oxford, 

AND 

JAMES MUNRO. M.A., 

University Assistant in History in the 
University of Edinburgh. 

UNDKK THE QENEKAL SUPEKVISIOIT OT 

ALMERIC W. FITZROY. C.V.O., 

Clerk of the Privy Council. 



PTJBIilSHED BY THE 
AUTHOKITY OF THE LOEDS COMMISSIONERS OF HIS MAJESTY'S TREASURY. 



HEREFORD: 

PRINTED FOR HIS MAJESTY'S STATIONERY OFFICE, 

BY ANTHONY BROTHERS, LIMITED. 



And to be purchased, either directly or through any Bookseller, from 
WTMAN" & .SONS, I/TD., PETTBR LANE, B.O. ; or 
OLIVER & BOTD, TWEEDALE COUBT, EDDranBOH; or 
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1908. 



Price Ten Shillings. 



V. I 



A' 2.3?. J-V*^ 



CONTENTS. 

PAGE 

Preface ^• 

Errata xxxix. 

Acts of the Privy Cotincil 1 



Appendix 

Index 



889 
891 



Wt. 16497/84 750. A. B., Ltd. 



A-z^-ix^^ 



PREFACE. 



Between 1834 and 1837 Sir Harris Nicholas published seven Origin of 
volumes of "The Acts of the Privy Council" bringing the *^'' ^""^^ 
record of the proceedings of that body from the earhest times 
down to 1542. Prom 1890 to 1906 a new series was issued 
under the editorship of Sir J. R. Dasent, the 32 volumes of 
which carry the record to the death of Queen Elizabeth. 
Further than this the Treasury do not for the present propose 
to continue it. 

Thus the published records of the Council ended just where 
its colonial activities began. The Elizabethans had indeed made 
Empire possible by weakening the power of Spain, and by their 
daring infringements on her monopoly ; their traffics and 
discoveries in many lands had filled England with the lust 
of a.dventure and of travel ; but the attempts at colonisation 
of Raleigh in Virginia and of Gilbert in Newfoundland had 
been failures. By the end of the reign of James I, Virginia 
had not only been refounded, but had passed from the control 
of a Company to the King ; at Massachusetts Bay the Puritans, 
though looked on with httle royal favour, had estabhshed a 
theocracy among the wilds of the north ; the Bermudas, then 
usually known as the Somers, or Summer, Islands, were 
flourishing ; in 1625 the joint English and French occupation 
of Saint Christopher was at once the beginning of our West 
Indian Empire, and the presage of the bloodshed which was 
to stain it. 

The share of the Council in the work of colonial admin- 
istration was known to have been large ; and it has been 
found possible to make an arrangement, partly through 
the generosity of private persons and bodies, and partly 
through that of the Treasury, for pubUshing a record of 



vi PREFACE. 

these activities. Funds sufficient to defray the expenses 
of two editors and of a transcriber have been provided by 
the Carnegie Trust for the Universities of Scotland, on 
the initiative of its Chairman, the Earl of Elgin, then 
Secretary of State for the Colonies, by the American 
Historical Society, the Canadian Archives Department, and 
Mr. H. E. Egerton, Beit Professor of Colonial History 
in Oxford University ; the Treasury have agreed to bear 
the expense of the printing and publication of a limited 
number of volumes. By the kindness of Mr. A. W. FitzRoy, 
C.V.O., Clerk of the Privy Council, who from the first took 
the greatest interest in the undertaking, and to whose efforts 
it is largely due, a room and all other facilities were provided 
at the Council office. The present editors were appointed, 
and began work, under instructions from Mr. FitzRoy, in 
November, 1907. 

Records The MSS. Records of the transactions of the Council, now 

Council."^^ preserved at the Council Office, fall into three parts. 

(1) A large number of foho volumes, similar to those described 
by Sir John Dasent, written by one or other of the Clerks of 
the Council, and giving a chronological account of its 
proceedings. The volumes to May 1, 1613, containing the 
record of the first ten years of James I., were biu-nt in 
the fire at Whitehall of 1618. From August 30, 1645, to May 3, 
1649, the confusions of the Civil War cause another blank. 

(2) The " Plantation Register," bound separately, in which 
from 1677 to 1806, though with certain gaps, are recorded 
various colonial laws passed or approved by the Council, the 
Instructions issued to Governors, and certain formal letters 
written to them. (3) A large mass of unbound papers, 
consisting mainly of petitions and reports submitted to the 
Council by the Board of Trade, and beginning a little before 
the reign of Queen Anne. The Register itself has been carefully 
and intelhgently indexed ; the Plantation Register contains 
a short Index at the end of each volume ; the unbound 
papers are merely arranged in a rough chronological order. 



PREFACE. yjj 



These three sources, however, do not contain a complete 
record of the work of the Council. The matters discussed 
were sometimes too secret, sometimes too trivial, to be 
entrusted to the Register ; the Clerk was sometimes careless 
or indolent ; in the Calendars of State Papers and in other 
printed collections are found references to proceedings of the 
Council of which no trace occurs in the Register. Of such of 
these as relate to the colonies a list is given at the end of each 
volume, though others probably remain in the uncalendared 
collections of the Public Record Office. 

Owing to the immense mass of material after the accession 
of Charles II and the hmited number of volumes to which 
we were restricted, it soon became evident that to give m 
full all the extracts would be impossible. Nor would it have 
been advisable. Much of the work of the Council was 
purely formal ; and its reproduction woidd have involved 
endless repetition. We have, however, endeavoured in every 
case to give the essentials in the words of the original, and 
to condense only the verbiage. How far this has been done 
can easily be seen, everything in the body of the text which 
is due to the editors having been enclosed in square brackets.* 
The notes and marginal references, though not so enclosed, 
are also our own, save in one or two cases where quotation 
marks show that they are from the Register. 

The Register of the Council has been for some time open to 
historical students, and numerous extracts from it have been 
pubhshed in various forms. It was at first our intention 
to append a reference to any extract which had been already 
published, but we have decided to do this only in the case of 
the great series of Calendars of State Papers in course of 
piibhcation by the Master of the Rolls. 

* In our opinion the adoption of some such system would add to the 
usefulness of the "Calendars of State Papers, America and West Indies." 
The calendars in this series are often so full as to be really transcriptions of 
documents. Some such system as we have employed would enable the_ 
historian to see whether the exact words of the original are given, and the 
additions to the length of the sections would be inflnitesiraal. 



yjjj PREFACE. 



The present series will be of value to the historian of the 
Colonies chiefly as supplementing the Calendars, the colonial 
series of which has now reached 1699.* More and more as 
time went on, the Council tended to refer matters to 
Committees, whose papers are for the most part in the Record 
Office, and therefore figure in the Calendars. Again and again 
one finds in the Calendars the petition, or perhaps the report 
of a Committee upon it, and in the Register the final resolution 
of the Council. Cf. e.g. [6] with C.S.P. (Am. and W.I.) 
Vol. I. p. 15, February 22, 1615. It is hoped that by the use of 
the index, students will be enabled to refer without difficulty 
from one series to the other. After the cessation of the 
Calendars, the present series must be used in conjunction with 
such pubUcations as the Documents relative to the Colonial 
History of New York, (11 vols) edited by E. B. O'Callaghan 
and J. R. Brodhead, the Colonial Records of North 
Carolina (16 vols), and the numerous collections of documents 
pubHshed by the State Governments and Historical Societies 
of the United States. 

Owing to the limited number of volumes at our disposal, 
we have been compelled to omit all extracts from the 
Plantation Register, save that in Vol. I. we have included 
[1202-3, 1209] extracts from certain proposed laws for Jamaica, 
which help to illustrate the constitutional struggle then 
begiiming. The rest of its contents is for the most part 
either formal, or repeats papers of which several copies are 
preserved at the Record Office. We understand also that 
the commissions and instructions to the governors of the 
continental colonies are being prepared for pubhcation by 
Miss Adelaide R. Hasse. It has therefore seemed sufficient to 

* For convenience of reference we have referred to the Calendars of State 
Papers (America and West Indies) as C.S.P. and to the respective volumes as 
follows : 

1574-1660 = I. 1685-1688 = VII. 

1661-1668 = 11. 1689-1692 = VIII. 

1669-1674 = III. 1693-1696 = IX. 

1675-1676 = IV. 1696-1697 = X. 

1677-1680 = v. 1697-1698 = XI. 

1681-1685 = VI. 1699 = XII. 



PREFACE. iX 

print at the end of each volume a brief list of its contents for 
the period in question. 

All proclamations issued between 1607 and 1783 relating 
to America and the West Indies are shortly to be published 
under the editorship of Mr. Clarence S. Brigham of the 
Rhode Island Historical Society. The originals may be found 
by consulting the Hand List of Proclamations (1893) issued 
by Lord Crawford, under whose direction a Calendar of all 
Tudor and Stewart Proclamations up to 1714 is shortly to be 
published by Mr. Robert Steele. We have therefore thought it 
sufficient to give simply the titles of such as occur in the 
Register. But while thus compelled to keep within strict 
limits, the editors believe that no reference to the colonial 
activity of the Privy Council in either the Register or the 
Plantation Register has been, left unmentioned. The mass 
and importance of the unbound papers render their inclusion 
at present impossible, but it is hoped that some arrangement 
for making them more accessible than at present may be 
reached. 

Even after such general decisions as to proclamations and Selection 

Ot IVI&it)6ri£lI. 

instructions had been formed, a wide margin of selection was 
left to the editors in the case of extracts only slightly or 
indirectly affecting the colonies. Should the papers referring 
to Sir Walter Raleigh's last voyage to Guiana be given ? If so, 
are the references to his subsequent trial and execution to 
be included ? How far are the doings of the Royal African 
Company on the West Coast of Africa in quest of slaves for 
Virginia and the West Indies to be related ? A ship sails 
from Newfoundland for Plymouth laden with fish ; on the 
way she is captured by a Dutch privateer, and retaken by 
a French man-of-war. Vexatious questions of international 
law arise ; is the mere fact that she sailed from a colony 
sufficient to warrant a detailed account of the case? Often 
when debating such questions the editors have wished that 
the series planned by Sir J. R. Dasent might have been 
continued, even if on a less generous scale. Our principle has 



PREFACE. 
X 

been to include everything of direct interest to the student 
of British colonial poHcy, administration and history ; matters 
which depended for their interest on something non-colonial, 
and in which the mention of the colony was purely accidental, 
have been omitted. 

Treatment Another question which arose was the extent to which the 
of Material. ^^^^^ ^^ ^^^^^ present should be inserted. To do so in every 
case was a counsel of perfection, rendered impossible by our 
limits. Up to the reign of Charles II we have retained them 
for matters of importance ; thereafter they have almost always 
been omitted, though the signatures to a letter or to the 
report of a Committee have in cases of pubhc importance been 
given. 

In the earlier volumes, in which strict chronological order 
is not always observed [c/. 79-80], we have been troubled by 
uncertainties of name and place. Thus [37] there was a meeting 
on April 18, 1619, but no place of meeting is given. That of 
April 11 was held "At the Bishop of London his house in 
London " ; that of April 21 " At the Starr Chamber." In 
this and a few other cases we have left the place of meeting 
blank, but in most cases there is evidence that where the 
Clerk has not inserted the place of meeting, it may be regarded 
as continued from the previous entry. 

In dating extracts we have employed the new style as to 
the year, save in one or two cases in the body of the text 
where both old and new style have been given. The day of 
the month has been left as in the Register, i.e., O.S. up to 1753, 
N.S. thereafter. In transcribing names the spelling of the 
Register has been left unchanged. In the summaries we have 
usually given the modern form though occasionally the original, 
when the name appears only in the summary. In the index 
the modern form has been employed. 

In the transcription of manuscript the spelling of the 
original has been retained ; so also has the system — if 
system it can be called — of capital letters and of punctuation. 



PREFACE. xi 

Contractions have been expanded. To the purist this may 
seem a defect, and to this extent the series is certainly a less 
faithful reproduction of the original than, e.g., the Records 
of the Virginia Company, now being edited by Miss Gertrude 
Kingsbury. Such faithfulness to the original is, however, open 
to two objections. The reproduction of some of the contractions 
of the seventeenth century involves the casting of fresh type ; 
and the result is exceedingly trying to the eyes. It is 
doubtful if the historian gains much by being dazzled by such 
coiatr actions as Lips, for Lordships. 

At the end of each extract we have given a reference to 
its place in the Register. Some of the earlier volumes are 
numbered not by pages but by folios ; in these cases both 
recto and verso are cited by the niimber of the folio, to the 
verso being added a, b. In each case the section number 
refers to the first section which begins on the page. 

So far as possible references have been given in chronological 
order. ' Exigencies of space have compelled us, in some cases, 
to group several purely formal references into one section, 
e.g., 690. We have also allowed ourselves one important 
deviation from our principle, and from the Restoration 
have grouped into one large section at the end of each 
volume of the Register the numerous passes given to ships 
to trade with the colonies. 

On the whole a study of the Register adds more to our The Privy 
knowledge of British colonial pohoy and administration than and Hs Com- 

, . .. T. ■ , • 1 1 J mittees for 

to that of the internal history of any British dependency, plantations. 
The present record of its activities gives a most favour- 
able impression of the Council as a governing body, 
anxious to help, willing to take advice, free from preconceptions. 
Though necessarily giving over more and more of the routine 
work to various committees and commissions, it did not— 
during the period covered by this volume— become a mere 
recording body. Instructions were given to committees as 
to the lines on which they should proceed [522], and 



jjj PREFACE. 



their reports were seriously discussed, and on occasion 
altered. It was not afraid, on occasion, to change its 
decisions on fuller information [130, 131, 564-6], or to 
make a handsome apology to a man unjustly censured 
[240, 245, 261, 264]. It showed a constant desire to help, 
and in every way endeavoured to promote colonial prosperity, 
[208, 630]. Even to a colony Hke New England, which 
rested more or less permanently under suspicion, justice and 
even favour was shown [258 and 306]. In this connection, 
the omission of names has done an injustice to the last two 
Stewart kings, especiaUy to Charles II. If he sometimes 
yawned in Council, as Pepys would have us beheve, and as 
is by no means unlikely, he was unfailing in his attendance. 
" The King's Most Excellent Majesty " figures at the head 
of the list of those present much more regularly than did his 
royal father and grandfather, and clauses in the letters sent 
out to governors often have a special word or two added 
by the monarch himseK.* 

The gradual development of the system of Committees 
has recently been traced with great thoroughness and lucidity 
by Professor C. M. Andrews, f who has supplemented the 
references in the Register by a careful study of the State 
Papers and other sources. At first temporary committees 
were appointed to examine into single questions ; of these 
the first recorded in this volume is that appointed on 
November 4, 1618, to inquire into the grievances of the 
Western Ports against the Newfoundland Company [31 J. 
So on July 16, 1622, the dispute between John Bargrave and 
Sir Thomas Smyth, Treasurer of the Virginia Company, was 
referred to a Committee [86], a minute of one of the sittings 
of which has been entered in the Register [92]. From this 

* Yet in the Notes which passed at meetings of tfie Privy Council between 
Charles II and the Earl of Clarendon, 1660-1667, edited from the Clarendon 
Papers in the Bodleian by Rev. W. D. Mackay, M.A., F.S.A. {Boxburghe 
Club), 1896, there is but one reference to colonial matters, and that is by 
Clarendon. 

t British Committees, Comm.issions and Councils of Trade and Plantations, 
1622-1675, by Charles M. Andrews. ^Johns Hopkins University Studies, 
Series XXVI, Nos. 1-3, Baltimore 1908.) 



PREFACE. XJjj 

time colonial matters were frequently referred to such Com- 
mittees or Commissions, which often included members not 
of the Privy Council itself, [97] ; thus in 1623 and 1624 several 
sets of Commissioners were appointed " to inquire and search 
into all abuses and grievances " connected with the Virginia 
and Somers Islands Plantations [98, 122, 123]. The 
Commission appointed on June 24, 1624 [122, 123] consisted 
of 16 members, of whom eight were members of the Council ; 
six were to form a quorum, " whereoff two to bee of his 
Majesties Privie CounciU." During the Canada dispute 
(1629-32), various sub-committees were appointed [e.g., 223, 
234]. On December 19, 1632, the first Committee of Council for 
plantations of a broader scope was appointed — the Committee 
on the New England plantations [307]. This Committee was 
re-appointed in 1633 [313], but was soon overshadowed by 
the Commission for Foreign Plantations, in reahty a Committee 
of the Privy Coimcil, which was appointed on April 28, 1634 
[330: cf. C.S.P. I. p. 177], renewed on April 10, 1636 [C.S.P. I. 
p. 232], and remained in existence till August 1641 [C.S.P. IV. 
p. 193]. Though given the most extensive powers, no 
machinery for enforcing its decrees was provided, and the 
special committees of experts which were appointed for 
particular questions are really of greater importance. The 
first mention of " Sub Committees for forraigne Plantations " 
in the Register is on June 27, 1638, but the name is the only 
novelty [391]. 

The activities of the successive Councils of State and of the 
Council of Trade during the Commonwealth are beyond our 
province. Soon after the Restoration, on July 4, 1660, a Com- 
mittee was appointed to sit twice a week "to receive, heare, 
examine, and deliberate upon any Petitions, propositions, 
Memorialls, or other Addresses which shalbee presented or 
brought in by any person or persons concerninge the Plantations, 
as weU in the Continent as Islands of America. And from tyme 
to tyme make their Report to this Bord of their proceedings." 
[484]. This body " had aU the essential features Qi a, 



XIV PREFACE. 

standing Committee and, after the experiment with separate 
and select Councils had proved unsatisfactory, it assumed 
entire control of trade and plantation affairs in 1675, a control 
which it exercised until 1696."* Minutes of its proceedings 
are entered in the register for September 15 and 25, 1662. 
For a time, however, control of colonial affairs was shared by 
it with the Council of Trade of 62 members, and the Council 
of Plantations of 48 members, appointed respectively on 
November 7 and December 1, 1660. On both of these bodies 
the Privj- Coimcil was represented [488] and both were largely 
under the influence of Clarendon. In addition to its standing 
Committee, the Council continued its poUcy of appointing special 
Committees to deal with special questions. Thus on October 17, 
1660, " A Committee to consider of the Businesse of Jamaica " 
is appointed, [491 : see also 522] ; on March 8, 1661, a Committee 
on "the Island of Nova Scotia" [508]; on May 17, 1661, "A Com- 
mittee touching the setlement of the Government of New 
England " [513] ; on August 16, 1661, " concerning the 
Restitution of Acadia " [529] ; and on December 2, 1663, a 
Committee "touching the Fishing in Xe\^-foundland " [610]. 

After a period of great activity, the Council for Plantations 
came to an end early in 1665, and for some years colonial 
affairs were managed by the Privy Council and its Committees. 
Early in 1668 the .system of standing Committees was 
reorganised, [747], the Committee for Trade and Foreign 
Plantations cimsi.sting at first of 14 members, tlu^ee to be 
a quorum, but despite this change, special committees, such 
as that " for the Affayres of New England " [725], and that 
on the Newfoundland trade [735] continued to be appointed. 

An attempt was soon made to revive the system of 
separate Councils [720]. In 1668 a Council of Trade was 
appointed, and on July 30, 1670 a Council of Plantations, 
which showed great activity, and to which numerous matters 
were referred by the Privy Council [e.g. 826, 915]. 
In September 1672 these two bodies were united, but in 
* Andrew.^, op. cit., pp. 62-3. 



PREFACE. XV 

December 1674 their commission was revoked by the King, 
and power again centred in the reorganised Committee of the 
Privy Council [1021]. This Council of 1672 was a paid 
body, and its aboUtion was perhaps due to motives of 
economy. It had been extremely efficient, and to the 
instructions for colonial governors prepared by it under the 
guidance of Shaftesbury and Locke, is due in large measure 
the scheme of plantation control followed by successive 
governments until the American Revolution. From 1675 till 
the appointment of a separate Board of Trade and Plantations 
in 1696, "the Right Honourable the Lords of the Committee 
for Trade and Plantations " are the real administrative centre 
for the British plantations, and the records of the Council 
largely consist of references to and reports from this body. 

Besides the references to the Council of Trade and to special 
or to standing Committees [641, 770, 818] the Council fre- 
quently referred the consideration and occasionally even the 
settlement, of colonial matters to other officers and depart- 
ments of state, to colonial officials, to ambassadors abroad, 
or to committees of experts not connected with the Council. 
Thus we have references to the Principal Secretaries of 
State [519], the Lord High Treasurer [151], the Lord 
High Admiral [659], to the Lords Commissioners of the 
Treasury [714], the Lord Lieutenant of Ireland [851], 
to the Lords Chief Justices [1119], to the Attorney and 
Solicitor General [117 and 460], his Majesty's Advocate 
[669], the Chancellor of the Exchequer [151], the Judge 
of the High Court of Admiralty [321], the Farmers of the 
Customs [368], the Commissioners of the Customs [606], 
the Officers of the Ordnance and the Commissioners of the 
Navy [556], the Commissioners for Prizes [739], the Com- 
missioners of Appeals in Cases of Reprisals [1056]: to Colonial 
Governors [e.g., 175, 558 (note), 666], to the Governor of the 
Bermuda Company [80], to the Clerk of the New England 
Company [441] to ambassadors abroad [997] and to various 
committees of experts [72, 300, 795]. 



XVI 



PREFACE. 



Questions came before the Council mainly by petition, either 
of individuals or of corporate bodies. It was thus occupied 
mainly with cases of private interest. The chief matters of 
pubUc importance dealt with in the present volume are aheady 
well-known and many of the extracts have been summarised 
in the Calendars— such as those deahng with the transportation 
of criminals and of pohtical offenders [12], with boundary 
disputes, with Edmund Randolph's charges against Massa- 
chusetts, with Bacon's rebelMon in Virginia, and with the 
attempts at inter-colonial agreements in Indian affairs or as 
to a stint of tobacco. In more private matters Ught is thrown 
on colonial justice by a series of cases dealing with wills or 
with fraud on the part of the agents of absentee landowners 
[e.g. 333] ; on the course of colonial trade, by disputes with 
the Officers of the Customs, by requests for passes, and by 
appeals for redress for unjustifiable seizures of ship and goods 
by one of the other three powers still strugghng for commercial 
and colonial predominance ; on colonial defence by petitions 
for satisfaction for losses sustained during imprisonment in 
his Majesty's service [741], by demands for ships and 
munitions of war, and by the demands for their arrears of 
West India garrisons, their creditors and executors [947, 
1258] ; and on colonial administration by the complaints of 
officials against governors who sought to exclude them from 
the exercise of their office, and by revelations of a combination 
of absenteeism with plurahty. 

The greatly increased interest taken in colonial adminis- 
tration after the Restoration is very striking. From 1613 
to 1645 occupies §§1-483; the same amount of space is 
covered by the first eleven years of Charles II. Under James I 
and Charles I one hears much about the Eastland, the 
Turkey, the Levant merchants, httle about the colonies save 
when a quarrel among factions, as in the case of the Virginia 
Company in 1623, or among rival traders, as in the case of the 
Canada embroglio in 1629-32, brought them to the fore. 
Under Charles II we have a definite colonial policy, the 



PREFACE. Xvii 

pursuance of which is regarded as an essential part of 
England's greatness. The transition is made to appear more 
abrupt than it really was by the absence in this series of any 
direct reference to the colonial activities of the Protectorate, 
which must be sought in the Calendars of State Papers, both 
Colonial and Domestic. Though the Privy Council of 
Charles II maintained a shadowy existence during his exile, 
and though a thin volume of the Register chronicles meetings 
at Breda, Bruges, Brussels, and in the Channel Islands, it 
found enough to do in preserving its own existence, without 
concerning itself with that of the colonies. 

Yet though the Restoration Monarchy had an undoubted ^ng^^/jije 
insight into questions of trade and commerce, and saw the Navigation 
part which the colonies were to play in their development, 
its sagacity must not be exaggerated. The change is at 
least as much due to the growing importance of the colonies 
as to any superiority of insight in Charles II or in Clarendon. 
This becomes clear on a close study of the Navigation Acts, 
the famous product of the Mercantile System. The more they 
are studied, the more they appear not as the inauguration of 
a new policy, but as the final embodiment of the old. The 
essence of Mercantilism as apphed to the colonies lay in the 
pacte coloniale by which the colonies were at once guaranteed 
the English market, and restricted to it. Such colonial 
commodities as were " enumerated," had to be sent direct to 
England for use or re-export. On the other hand the Enghsh 
market was assured to them by a rebate of a large part of the 
duty, or in some cases by the total prohibition of home or 
foreign competition. Instances of each of these restrictions 
may be found before the Restoration, or before the Act of 
1651, sometimes described as the first Navigation Act. 

The order of October 24, 1621, directing that commodities 
brought from Virginia were to be appropriated unto 
his Majesty's subjects "and not communicated to foreign 
Countries but by way of trade and commerce from hence 



Xviii PREFACE. 

only," and that "from henceforth all Tobacco and other 
commodities whatsoeuer to be brought and traded from the 
foresaid plantation shall not be carried into any forraine partes 
vntill the same haue beene first landed here and his Majesties 
Customes paid therefore," [77], contains in it the promise and 
potency of the colonial clauses of the Navigation Act. 
A httle later we have the complementary part of the theory, 
and the restriction of the colonies to the English market is 
offset by the restricting of that market to their produce, by 
a system of preferential trade which lasted until the middle 
of the nineteenth century. In 1 632 the highly important warrant 
of February 24 to the Attorney General marks the system 
full grown. Tobacco from the plantations is given a heavy 
preference over that from Spain and the Spanish colonies ; 
it must be brought to England, and to England only ; 
but if re-exported within a year, a rebate of half the duty 
is allowed. 292, 321, 332, 334-5 show how strictly colonial 
trade was confined to the home market, though 283 and 355 
show that the Council remained the master, and not the servant, 
of its own rules. Similarly 181 shows that the restriction 
by the Navigation Acts of the carrying trade to English 
bottoms was no new thing. The idea that " the preservation 
of Shipping and Nauigation, and the supporting and incour. 
ragement of Marchants by the excluding of Strangers from 
Shipping, and transporting our Commodities in theire Bottomes, 
is verie considerable, in reason of State, and is agreeable to 
seuerall Lawes and Statutes of this Realme, in that Case 
provided," and the ensuing order " That noe Hearrings or 
any other fish whatsoever, taken by any his majesties Subiects, 
vpon any the Coasts or places of fishing, belonging to this 
Kingdome or within the aforesaid fishings, of Newfoundland 
or New England, shalbe from henceforth Shipt, or transported 
in any Strangers Bottomes, but in English Bottomes onely," 
mark a restriction which, confirmed by the Act of 1660, did 
not disappear till the nineteenth century. 



PREFACE. Xix 

The Act thus marks rather the culmination than the The . 
mauguration of a poHcy, and its importance is due mainly to tioTJi^the' 
its coming just at the period when the colonies were rising Actt^^''°" 
to importance. Of its history after 1660, and of its bearing 
upon colonial trade, this volume gives many instances. The 
act was not interpreted in an iUiberal spirit. Numerous 
petitions were granted, freeing from penalties those who had 
transgressed formally or inadvertently {e.g., 606); in time 
of war certain provisions were slackened or waived. Thus the 
order of February 13, 1661 [504], allowing the New England 
merchants to sail direct to Europe, on condition of bringing 
the proceeds of their sales to England, shows a real sense of 
the true principles of trade, in laying down that if they brought 
back the proceeds of the goods, there was no need for the 
goods themselves to be brought [c/. 990]. The order of 
February 8, 1665, shows how the Dutch War compelled 
the relaxation of certain clauses. On October 28, 1665, Samuel 
Wilson is allowed to plead ignorance as a sufficient excuse 
[662; cf. 608 and 644]. On December 11, 1668, a curious 
case was settled, a ship built at Dunkirk during its 
EngHsh occupation being made a free ship [817]. Yet the 
stringency tended to increase [618], and was fostered by 
mercantile cupidity masking under its usual guise of patriotism. 
On October 23, 1667, the Dutch settlers of New York 
were allowed to keep up a limited trade with the home land, 
with three ships a year for seven years. The Enghsh 
merchants discovered that this was the thin end of the 
wedge, and would " haue an unhappy Influence by opening 
a Way for fforrainers to trade with the rest of His Majestys 
Plantations, and preventing the Exportation of the Manu- 
factures of England, and thereby destroy his Majestys 
Customes, and the Trade of this Kingdome, which is in a great 
measure upheld by the Plantations " [812], and succeeded 
on November 18, 1668, in having the privilege cancelled, 
one ship for one year only being allowed, though on 
December 11 [819] a second was allowed to sail. Soon 



XX PREFACE. 

after, on January 20, 1669, we find one of the first of the 
numerous circular letters urging Governors of Plantations 
not to be wanting to their duty. 

Much of the trouble came from the question of the bearing 
of the act on the outlying portions of the British Isles, Ireland, 
Scotland, the Channel Islands, and during a brief space, of 
Dunkirk. Thus, after a brief respite, on November 22, 166L [537] 
the Scottish subjects of the King were excluded from the 
benefits of the Act,* and the smugghng trade began between 
Scotland and the colonies, which lasted till the Union, and 
of which the complete history is still to be written. When on 
March 6, 1665, the pressure of the Dutch War compelled the 
relaxation of certain clauses of the acts, and neutral vessels 
and crews were allowed to trade to or from any port in England, 
Ireland, or Wales, a significant memorandum of the Clerk 
reads " The word Ireland left out in the severall clauses per 
22th instant." So on March 20, 1667, though an attempt was 
made to improve Irish trade, the restraints on intercourse 
with the plantations were left as before. See also 1287. 
Similarly the orders of July 28 and August 4, 1671, and of 
March 10 and 20, 1675, placed the Channel Islands outside 
the benefits of the Act. 
The Old But the poHcy of which the Navigation Acts were the 

System. embodiment has been too long regarded as the exploitation of 
its colonies by a selfish, or at best, ignorant mother-country. 
Undoubtedly the control of colonial trade by a parliament 
which sat at Westminster, in which the colonies were without 
representation, and over which they could exercise no control, 
was a grievance, and the sense of inferiority which it created 
was one of the causes of the American rebelhon ; but the 
ideal of Mercantihsm was much less that of a superior power 
exploiting dependencies, or even that of a mother-country 
exacting commercial obedience in return for naval protection, 
than that of an Empire commercially self-contained, in which 
each part suppUed that for the production of which it was best 

* See however 841, and 848. * 



PREFACE. Xxi 

fitted. Hence the Colonists were encouraged at least as much aa 
they were thwarted, though doubtless in their eyes the 
restrictions were so many unjustifiable grievances, the bounties 
mere matters of course. 

Of this mingled restriction and encouragement the course Destruction 
of the tobacco trade is an example. We have already seen Tobacco! 
how colonial tobacco was at once restricted to the English 
market, and given a preference over that from the Spanish 
islands. But the history of the stamping out of tobacco- 
growing in England is one of the best proofs that restrictions 
were laid not on the colonies alone. There is nothing in the 
climate or in the soil of England hostile to the growth of 
tobacco, and early in the seventeenth century its cultivation 
was begun. In 1619 (40) we find that it was largely planted in 
the outskirts of London, a proceeding httle Ukely to be per- 
mitted by the author of " A Counterblast to Tobacco." 
In 1621 (71) all such tobacco was confiscated ; and early in 
the reign of Charles I (148) we find it ordered "that noe 
Tobacco be suffered to be planted within this Kingdome," 
the object of the order being expressly stated to be " the 
better encouragement of aU English planters to goe on 
chearfuUy in the advancing of any the Enghsh plantations." 
Andthewarrantsof August 17(172), and of Septembers, 1626, 
(176) and stiU more of July 10, 1627 (188) show that the 
order was no idle threat. 

On December 21, 1627, the order was repeated in more 
stringent terms " that for the preservation and encouragement 
of those Enghsh plantations abroad, no Tobacco shalbe 
planted either in England, or Ireland, or any the Islands 
thereto belonginge, nor any such tobacco shaU be brought, 
or sold, altered or used, by any, but shaU be utterly destroyed, 
and consumed " [197]. 

On September 28, 1628, a hah-comic interlude is supphed :— _ 
" Whereas his Majestie hath bin credibly informed, that the 
Tobacco of the grouth of England and Ireland, and Dominions 
thereof, is not onely found to be vnholsome for mens bodies, 



Xxii PBEFACfi. 

but a great hindrance, and tending to the ruyne and ouerthrow 
of his Majesties Plantations in Virginia, and other partes 
beyond the Seas, and being desirous, and willing, out of his 
Princely Care, and Roy all disposition for the good of his 
people, to be throughly informed before any further course 
be taken . . . did command, and their Lordshipps 
doe accordingly order, that the President, and the rest of the 
CoUedge of Phisitions, shall assemble themselues together, 
and after mature, and good deliberation, certifie their opinions 
therein " [218]. The hint was apparently taken by the 
medical fraternity, for we find later that they had declared 
tobacco to be " noe victual! nor medicinable foode " [346]. 

During the Commonwealth the growth of EngUsh tobacco 
increased, and centred at Winchcombe in Gloucestershire. 
Various measures were indeed taken against it "on considera- 
tion of the prejudice to EngUsh Plantations abroad, and to 
the trade at home," but they do not seem to have been 
rigorously enforced.* 

On December 21, 1660, "An Act for prohibiting the Planting, 
setting, or sowing of Tobacco in England and Ireland " was 
read and approved, the main reason given being that it is 
of great concern and importance that " the Colonies and 
Plantations of this Kingdome in America be defended protected 
maineteyned and kept up and that all due and possible 
Encouragement be given unto them in regard the Strength and 
Welfare of this Kingdome doe very much depend upon them by 
reason of the Employment of a very considerable part of 
Shipping and seamen and of the Vent of very greate 
Quantities of its native Comodities and manufactures as 
also of the supply of several considerable commodities which 
it was wont formerly to have only from fforraigners and at 

* See O.S.P. Domestic, s.v. Tobacco; and especially 1654: pp. 211-2, 
229-30, where the inhabitants of Winchcombe petition that " it has been our 
trade for 40 years." 1655 : pp. 100-101. 1658-9 : pp. 55, 104^5. In 
Washboum's Biblioiheca Gloucestrensis p. 415 is a letter of the Council of 
State to the Mayor of Gloucester for suppressing tobacco planting. The 
Commonwealth Acts and Ordinances of April 1, 1652, September 3, 1653, 
April 11, 1654, and a confirmation in 1656-7 are given in H. Scobell : A 
Collection of Acts and Ordinances (London 1658). 



PREFACE. xxiii 

far dearer Rates And for that Tobacco is one of the maine 
products of severall of those Plantations."* In March, 1661, 
a proclamation was issued ordering the act to be put in 
execution. The hapless people of Winchcombe struggled 
hard ; not till the reign of James II was their prosperous 
industry finally crushed, but the Council was merciless. The 
course of the struggle may be traced in the Index. The 
people of Winchcombe " gathering themselves together in a 
riotous and tumultuous manner did not only offer violence 
but had like to have slaine the Sheriff, Giving out, that they 
would loose their Lives rather than obey the Lawes in that 
case provided." [673]. Is it reading too much into the letters 
of June 20, 1666, in which his Majesty complains that " the 
stubborn spirits of Non-confoi mists are improved " [682] 
by the continuance of the tobacco industry, to suppose that 
the ringleaders in this riot were some of the old Commonwealth 
men ? The local authorities were not unnaturally negligent 
[713, 715], and first the mihtia, and then the regulars [616, 623] 
were called into play, and for many years in June, July, and 
early August, troops of horse trampled down the ripening 
tobacco. At length the Council won, the last order for the 
destruction of English tobacco occurring early in the reign 
of James II. No better proof could be given of the desire 
of the Council to aid colonial development than this long 
continued struggle with the Midland farmers, in which the 
scanty regular forces of the kingdom were so ruthlessly 
employed. Though the centres of the industry were around 
Winchcombe in Gloucestershire and Evesham in Worcester- 
shire, orders for the destruction of English grown tobacco are 
issued to no less than eighteen counties : — Kent, Essex, 
Middlesex, Surrey [71], Nottingham, Buckingham, Lincoln, 
York [176], Gloucester, Worcester, Wilts [188], Hereford, 
Monmouth, Oxford [602], Warwick, Brecknock [682], 

Shropshire, and FUnt [781].t 

• This is Charles II, xii., Cap. 34. In 1670 a more stringent Act was 
passed. Charles II, xxii. and xxiii., Cap. 26. ■ j .„ <j,„=b,x 

Under the Commonwealth orders had also been issued to Sussex, 
Kadnor, Montgomery, Denbigh See O.S.P. Domestic, 1655, p. 101. 



XXIV 



PREFACE. 



Encourage- 
ment of 
Colonial 
Industries. 



Not that the Council looked with favour on the enormous 
growth of the tobacco industry in the plantations. Frequent 
efforts were made to divert the attention of the colonists to 
other forms of agriculture, and though the results were 
trifling, the attempts to stay a trade so gainful to the revenue, 
with the object of establishing the colony on a more solid 
and healthy foundation, are at least a proof of well-meaning 
if somewhat grandmotherly unselfishness. By the letter of 
October 24, 1625, the people of Virginia are urged to " vse their 
best endevors, to bring all other Commodities of that 
County to perfection, as Corne, Wine, Silke, Cotton, Salte, 
Salt-fish, fflax Hempe, Indico, Woade, Madder, and the Uke, 
wherein that they may proceede with the more alacrity wee 
wilbe humble sutors to his Majestie, that he wilbe gratiously 
pleased to ease or fauour them in his Majesties imposition, 
vntiU the same may be brought to full perfection " [154 and 
262]. The instructions giveil to Sir George Yeardley, the 
next Governor sent out, urge him to use his best endeavours 
" to cause the people there to applie themselves to the raising 
of more staple Commodities " ; [162 (13)], and to Sir John 
Harvey, his successor, the same instruction is given in more 
detail [211 (13)]. After the Restoration the same policy was 
maintained, and in 1664 orders were issued exempting from 
duty for five years the hemp, pitch, and tar of Virginia and 
Maryland [639]. 

The letter to the Governor of Jamaica of October 16, 1668, 
urging him to pay special attention to " the Cherishing and 
Preserving the Plants and Trees" on which were grown 
"Pepper, Cloves, and other Spices," and directing that 
" as any New Plants of that nature come to be discovered, 
you from time to time send some of the severall Species, to the 
Clerk of the Council attending, to be by him presented to the 
Board, and that you make triaUs and take the best care you 
can by Cultivateing and Transplanting to Improve them to 
Pubhque Benefitt," shows that the Council, in its desire to 
break down the monopoly of the Dutch Spice Islands, did 
not disdain the functions of the Board of Agriculture. 



PRBFACli. XX^ 

A more striking instance is the Order of April 11, 1620, in 
which, " to the end that some of the wood landes might ^th 
lesse charge be converted into pasture and arable, as also that 
the Colony might be sett on worke the whole yeare," the 
Company of the Newfoundland Plantation were permitted 
" to transport thither the materialls to make barre yron, as yron 
oare, stone and cinders, as also the instrumentes for that 
worke, that thereby they might be incouraged to goe on 
in their purpose of creating yron workes in that plantation ' ' 
[51 and 53]. 

The activity of the American State Governments, of various West Tndiep. 
historical societies, and of individuals, has left little material 
of importance unpubUshed for the history of the continental 
colonies. More is added to our knowledge of the West Indies 
and of Newfoundland, though the present volume covers 
much the same ground as the early volumes of the Calendars 
of State Papers. Many of the Orders deal with such matters 
as the constitutional struggle in Jamaica (1677-82) and the joint 
occupation with the French of St. Christopher, and we are 
enabled to trace more completely the story of the 4^ per cent, 
duty on all commodities exported from Barbados and the 
Leeward Islands, originally imposed as a commutation of the 
proprietary rights of Lord Carlisle, a burden under which these 
colonies suffered till 1838. In the penury to which the Exchequer 
of Charles II was reduced [1052] the most various charges 
were placed to the account of this all-enduring impost. Lord 
WiUoughby's instructions, issued on June 13, 1663, had told 
him to urge on the planters " that some Returne of Profitt, 
as well as Duty ought to be made us for our continuall and 
unwearied care of them " [598(6)]. The care was perhaps 
less unwearied than the desire for a visible return. 

On May 20, 1668, Lord Willoughby is ordered to apply it 
to the pay of the garrison [775]. On July 31, its collection 
is put into the hands of Sir Tobias Bridge, the Colonel 
of the regiment, and his letter of December [832] shows that 
Sir Toby had no easy task. On November 18 compensation 



XXVI 



PBEB'ACE. 



for the Pearl of Bristol is ordered to be made from " Your 

Majesty's Revenue in the Charibee Islands " [813]. On 

May 12, 1669, we have the first attempt of the island to shake 

off its burden [852]; on December 22, the Barbados duty 

alone is farmed out for 7,000Z. to Sir Charles Wheeler and others ; 

the proceeds are to go " first to the support of the MiUtia 

remaining there, and the satisfaction of their Arreares, and 

next to the Satisfaction of all such Persons who have in those 

Parts sustained losses of Shipps and Goods employed in his 

Majesties Service in the late Warre"[881]. On September 22, 

1671, the Assembly of Barbados desire that from it should be 

defrayed the expenses of rebuilding the common prison, 

which had faUen into decay [930]. Meanwhile the unhappy 

garrisons, unpaid and unfed, were dying of fever, and 

the recommendation of the Lord Treasurer [1052] that the 

expenses of the garrisons of all the Leeward Islands be 

paid out of the Barbados duty was httle better than a mockery. 

The last charge put upon it in this volume is given under 

November 28, 1679, when 1,500L is ordered to be paid out of 

it for the building of forts in the Leeward Islands [1317]. 

Spain and Meanwhile in the cockpit of the Caribbean, EngUshman, 

in"thT Dutchman and Frenchman wrangled fiercely with the Spaniard 

West. Indies. ^^^ ^^^ mastery. Spain still claimed lordship of the Indies, and 

the smuggUng of the English merchants, the logwood cutting 

in Yucatan, and the lawless cruelty of Spanish captains kept 

alive the irritation which endured for more than a century. 

The latter part of this volume is filled with complaints of 

violence, and with demands for letters of reprisal. But though 

letters of reprisal did not constitute an open declaration of 

war, they tended to lead to one, and Charles II showed an 

unwilhngness to issue them which, if chiefly due to laziness, 

was not without a touch of the enlightenment and even 

heroism which made him in a sense the forerunner of Walpole. 

Of this a good example is seen in the case of the Virgin. 

On October 24, 1673, on the petition of the owners that the 
ship had been seized in May near Havana by Spaniards under 



tEfiPACE. xxvii 

the renegade Philip Fitzgerald, the Council gave order that 
representations should be made at the Court of Spain [970]. 
The Governor of Jamaica had already in July vainly sought 
redress at Havana, where the ship had been condemned and 
sold as prize [1164]. On December 5 the Council directed 
that instructions be given to the Ambassador at Madrid to 
demand reparation [972], and on February 27, 1674, the case 
with several others was referred to the Committee of Trade 
and Plantations [984], whose report, read on March 11, 
suggested that if redress " be denyed or unreasonably delayed 
His Majesty cannot in Honour or Justice deny his 
Subjects the Liberty of taking such course for their reparation, 
as is agreeable to the Law of Nations by way of Reprizall," 
and was ordered to be given to Lord ArHngton for use 
in obtaining satisfaction [984]. In April, however, the 
Spanish Council of the Indies confirmed the sentence of the 
prize court. On July 3 Edmond Cooke master of the vessel 
prayed definitely for letters of reprisal, but it was ordered that 
the issue of these be postponed while a special envoy was sent 
to press the case at Madrid. Should this last attempt at 
peaceful settlement fail, the desired letters were promised 
at the end of four months [996]. Cooke was accordingly 
sent to the Spanish Court, his credentials appearing in a letter 
to Sir Wm. Godolphin calendared in C.S.P. III. 1335. 
In C.S.P. IV. 640, forty documents relating to Cooke's nego- 
tiation at Madrid are summarised, but no success was 
achieved, and after nine months the owners petitioned for 
his recall [1024]. This seems to have alarmed the Spanish 
Court, and on July 2, 1675, the Queen of Spain gave Cooke 
a despatch for Havana [1164] but as the owners regarded 
this as "having not the least prospect towards Satisfaction," 
they again appealed for letters of reprisal, and after the 
Spanish envoy had been duly notified the case was ordered 
to be heard immediately on his Majesty's return to Whitehall 
[1033]. On his return in September Cooke gave a verbal 
report to his Majesty [1048], and on September 30 was 



XXVIU PREFACE. 

heard by the Committee, when the matter was referred to Sir 
LeoUne Jenkins, Judge of the Admiralty [C.S.P. IV. 687]. 
On December 1, though the letters of reprisal were still 
delayed, Cooke was granted a chain of gold for his services 
at Madrid [1048], and on January 14, 1676, a Flemish- 
built vessel of 300 tons was made a free ship for him in 
consideration of his losses [1055]. On December 3, 1675, 
the Council had ordered that the Spanish envoy be 
informed of his Majesty's resentment and intention no longer 
to defer the issue of letters of reprisal (C.S.P. IV. 730); 
yet nothing was done, and in February, 1676, it was 
ordered that the owners be given a copy of Sir L. Jenkins' 
report of October 8, 1675 [1060], which stated his 
opinion " that Captain Cooke must prosecute the effect 
of those two sentences at the Havana, and must affect 
the Ministers of Justice there with a denial to execute the 
Queen's Commissions, or else with such delays as amount to 
a flat denial, before his cause be ripe for granting reprisals " 
(C.S.P. IV. 693). Nothing further is heard of the case till 
in May, 1677, Sir Robert Southwell made a report to the Lord 
Treasurer (C.S.P. V. 205. II.). On July 13 the owners 
petitioned for, and were granted, a further hearing [1153]. 
On the 18th Sir WiUiam Godolphin was directed earnestly to 
press the Spanish Court to make satisfaction or to give their 
reasons in writing why they refuse the same, contrary to the 
Treaty [1152], and, on the 24th, it was ordered "that he 
do vigorously insist for satisfaction, and let them know His 
Majesty hath under his Consideration the Granting of them 
Letters of Reprizall, and must give effectuall Order therein, 
if speedy justice be not done them " [1102]. Godolphin's 
memorial in accordance with these Orders is dated 
August 10, 1677. The Spanish answer (February 15, 1678 : 
C.S.P. 577. i.-ii.) was a repetition of the former unsatisfactory 
commission to the Governor of Havana granted by the Queen to 
Cooke. Meanwhile the whole matter was examined by "Sir 
Richard Lloyd, Surrogate Judge of the Admiralty and 
Sir Thomas Exton of his Majestys Councill in the said Court," 



PREFACE. Xxix 

whose report again threw the blame on the Spanish Government, 
and suggested that another application be made to the SiJanieh 
Court and six months allowed them before the issue of letters 
of reprisal. This report was forwarded to the Ambassador at 
Madrid with directions to refrain from making use of the 
suggestion of reprisals [1164]. The last mention of the Virgin 
in the present volume is the recommendation to the 
Secretary of State in March, 1678, "to take Care, that in the 
Treaty with Spain now under consideration some Provision be 
made for satisfaction of the great Losses and Damages susteyned 
by the Petitioner " [1206], but on November 17, 1680, a 
petition of the owners for payment of damages and of 
2,000L expended in the seven years' prosecution of their claims 
was referred to the Committee (C.S.P. V. 1591 and 1626), 
and on their report, on 11 August, 1681, Sir Leohne Jenkins is 
directed to press the Spanish ambassador for satisfaction, and 
to send a statement of the case to the English ambassador 
at the Court of Spain. 

Newfoundland, " the sport of historic misfortune," figures Newfound- 
prominently in this volume, which throws not a httle light '*"'^' 
on the history of the long dispute between the planters, or 
early settlers, and the merchants of the Western Ports. 
The view that the early settlers were a race of Hampdens, who 
withstood the cruelty and persecutions of the bloody and bar- 
barous Stewart, has been expressed with great force and 
learning by Judge Prowse, the historian of the island,* and 
faUs in with the popular colonial theory that it is the 
undoubted right of every Englishman to settle where he likes, 
to behave as he sees fit, and to call upon the Mother Country 
to foot the bill. But there is another point of view, put 
forward by the Devon and Dorset merchants, as early as 
1618 [31]. To them the planters were a lawless rabble, who 
lived largely by robbing the fishing fleet, and who debauched 
the seamen by setting up drinking shops and brothels. 
On January 24, 1634, a long list of laws (calendared in C.S.P. 
I. p. 173-4) was submitted by Attorney General Noye, which 

* Newfoundland, by D. W. Prowse. (MaoMillan & Co., 2nd edition 1896.) 



XXX PEEP ACE. 

seems to show that the planters " Upon Conceipt, that for 
wrongs, or Injuries don there, either on the Shore, or in the 
Sea adjoyning, they cannot be here impeached," Hved at 
least as much by depredation as by fishing or farming. 
The list of their misdeeds is too long to quote, but one section 
so exactly describes what has happened in every frontier and 
seaport town the world over that it may be reproduced : — 
" That no person doe sett vpp anie Tauem for selling of 
Wine, Beare, or strong waters, or Tabaco to entertaine the 
iBshermen because it is found that by such meanes they are 
debauched, neglecting, and poore euiU gouemed men, not 
onely spend most part of their shares before they come home, 
vppon which, the life and mayntenance of their wife and 
Children dependeth, but are likewise in diuers other wayes as 
by neglecting, and makeing them selues vnfitt for their Labour, 
by purloyning and stealing fiom their Owners, and by makeing 
vnlawfuU Shifts to supphe their disorders, &c., which disorder 
they frequently follow, since those actions haue presented 
themselues " [323]. 

A further report of the Committee of Trade and Plantations, 
approved on May 5, 1675, states that the planters " do most 
of them sell wine and Brandy, whereby the Seamen are 
withdrawne from their Labor, and many seduced to stay in 
the place, while their Familyes do thereby become Burthens 
to their respective Parishes, at home " [1023]. 

A httle later (April 19, 1676) the Heads for Enquiries to be 
made by the Commander in Chief on the Newfoundland 
Station puts the blame chiefly on the good folk of New England. 
He is directed to inquire—" Whether the New England Men 
bring not Brandy and Wyne from the Madera's, and Rum from 
home to debauch the Pishers,who (as is represented) doe thereby 
run greatly in debt, and are forc't to sell themselves to the 
Planters in New-found Land for the payment of their 
Debts " [1073]. 

At least it seems clear that if the aversion of the West 
Country merchants from the settlement of Newfoundland was 
due to a selfish desire to monopolise the fisheries, and if they 



PREFACE. XXXI 

vilified its climate and resources in the same way as the 
Hudson's Bay Company in later years did those of the Canadian 
West, the early settlers of the island were in the main a pack 
of rum-selling ruffians, on whose misfortunes no very great 
pity need be expended. 

Though most of the papers have been calendared in C.S.P- Canada. 
Am. and W.I., 1574-1660, some new Ught is thrown by this 
volume on the history of the British occupation of Canada 
from 1629-1632.* In 1628 David Kirke had attacked and 
destroyed the French provision fleet off Gaspe, and he and his 
partner William Berkeley, afterwards Governor of Virginia, 
seem to have shown some harshness to two of the prisoners, 
whose hberation was ordered, though security was taken from 
them not to depart the Kingdom till ransom had been paid 
[223, 224, 227]. On July 20, 1629, Quebec surrendered to 
Lewis Kirke, his brother's lieutenant ; and on October 28 
the French Ambassador petitioned the board on the behalf of 
Emery de Caen, a Frenchman, who had already begun suit 
against Kirke and his fellow adventurers in the Admiralty 
Court, claiming that some of the goods brought home by 
Kirke were his private property, " the English claymeing 
them, by way of Trade and barganing. And the French 
affirming, that they took them away by force " [236]. The 
goods were accordingly sequestrated, and an official lock put 
upon the warehouse to which the merchants had removed them. 
The lock was soon wrenched off, and possession of the goods 
retaken by the Adventurers. Prompt submission and 
restoration of the goods was at once ordered, " And because the 
Board did thinke fitt and resolue that an Insolencie of soe 
high an natiwe, in Contempt of all authoritie and gouernment 
was not to be past ouer without some exemplarie punishment. 
It is ordered that the Judge of the Admiraltie should by 
Examination vpon oath or otherwise inquire and find out, who 
were the principall Actors in the breakeing open of the said 

* " Tlie First English Conquest of Canada," by Henry Kirke, M.A. (first 
edition 1871, second edition 1908), is really a life of David Kirke; the author 
has consulted the papers in the Record Office, but does not seem to have 
known of the Council Register, and hischronology is sometimes confused, 



Y^ -yi J PREFACE , 

Warehouse, and carrying away the said goods, and therevpon 
make Certifficate to the Board, to the end such further course 
mought be taken for the punishing of tliem as theire llordshipps 
shaU find cause " [231]. 

The goods which consisted of " certaine Beauer Skinns, 
flfures, Coats of Beauvor wool ' ' [236] and deer-skins [235] were 
evidently restored, for on November 10 their strict sequestration 
is ordered [233]. On December 2 the Adventurers represent 
that the goods are fast rotting away owing to the dampness 
of the warehouse [234], and this having been found true at 
least in part, the sale of such as are perishable is ordered, 
the money to be deposited in the Admiralty Court [235]. 
On January 22, 1630, "Uppon a long heareing, and debate at 
the Board," a new order is made that such as are perishable 
shall be sold. " And lastly for the better and quieter sale of 
the said goods, their Lordshipps thought fitt and ordered, 
that none of the said parties shalbe present at the sale of the 
said goods, but both parties to appoint some sufficient parties 
for either side. And for the residue of the said goods, which 
are drye and well conditioned, and out of danger suddenly to 
decay, or be impaired either in qualitie or value. Their 
Lordships thought fitt they should remaine vnder such locks 
and custodie as they are at this present" [236]. 

Six days later, however, part of the order is rescinded 
and permission to attend the sale given to both parties [237]. 
On February 3, however, the Board found that their order 
" had beene eluded and disobeyed," and " that the carriage 
of the said Merchants hath been indirect and Refractorie to 
the said orders " [239] ; they accordingly confirmed the order, 
and appointed the Clerk of the Council with two others to 
see to its performance ; "on which behalf e the said 
Marchants and everie of them, are hereby expressly charged 
and required to perniitt and suffer the said Sir William Beoher, 
Sir WiUiam RusseU, and such others as shalbe by them 
appoynted to assiste therein, to enter into any of the Store- 
houses, and places wher any the said goods are ; And in 



PREFACE. XXXm 

case of theire Refusal!, the said Sir William Becher, is hereby 
required and authorized, to commaund any Constables, or 
other officers to assist him, in the breaking open of the Locks 
or doores of the said warehouses." 

But while the offenders were vigorously prosecuted, the 
nobler side of their enterprise was not forgotten, and in spite 
of an embargo due to scarcity at home, they were allowed to 
send provisions to " diverse of his Majesties loving subjects," 
whom they had left behind " in those partes ; upon discoueries. 
Plantations, and other designes " [242]. 

By April an agreement had been come to that the furs were 
to " bee sold to the said Generall de Caen for twentie fiue 
shillinges sterling the pound ready Money, to be deposited in 
the hand of the said Lord Mayor " ; and certain expert furriers 
are appointed by the Board to supervise the inventory and 
the weighing [244]. At the last moment, however, the mer- 
chants proved refractory, and on May 18 the Board writes 
angrily to the Lord Mayor to summon them a second time, 
and if they still refuse to break down the warehouse door, 
and deliver the goods to de Caen [246]. Ten days later, the 
second summons having been unheeded, order for promptly 
breaking open the warehouses is given. But the steed had 
already been stolen, for when the doors were forced but a 
small quantity of the furs was there. For this high contempt 
one Thomas Pitz, a minor member of the company, was at 
once brought before the Board, and committed to the Fleet. 
Fitz at first refused to tell either where they were or to produce 
his accounts showing to whom they had been sold [248] ; 
whereupon a week later the Clerk of the Council and 
a Sergeant at arms are ordered to require him to "deliuer 
vnto you the said Books of Accounts ; which if he shall refuse 
to doe. That then by virtue of this our warrant, you breake 
open the doores of the house or Studdie of the said ffitz : 
where the said Books are remayneing, and the same to take 
and bring with you vnto Mr. Atturney Generall " [249]. 
Pitz still showing " greate contempt and affront of all 



XXXiv PREFACE. 

authoritie and justice," the Attorney General is ordered to 
proceed against him in the Court of Star Chamber [251]. 
This threat brought submission. Fitz with some difficulty- 
restored the skins to his warehouse, and on July 4 was set 
at liberty [254-5].* The Board had evidently no desire to 
be hard on the Adventurers, for when in the autumn a demand 
was made by the French ambassador for the sequestration of 
the goods brought from Canada by the ships of the Company, 
their Lordships found " no cause to grant the sequestration 
desired," and merely requested the Adventurers to deposit a 
list of the goods brought with the Judge of the Admiralty 
[260]. 
Interlopers The Adventurers were soon to find that lawlessness had its 

in Canadian 

Trade. disadvantages, and on October 14, 1631, appeared before the 

Board to protest against certain interlopers, imauthorised 
traders who were the torment of all the monopolists and 
chartered companies so favoured by the Tudors and Stewarts. 
Bond was taken of the interlopers not to depart without 
warrant from the Board, and further consideration of the 
matter was referred to Mr. Sergeant Berkley, Sir WiUiam 
Becher, and Sir Edward Nicholas [279]. A fortnight later there 
is a new complaint against other interlopers, among whom was 
the well-known Maurice Thomson, whose goods the Board 
ordered to be seized on arrival [281]. On November 16 
the matter is referred to Sir Henry Martin, Judge of 
the Admiralty Court [283], and nothing more is heard of the 
Committee of Three. The interlopers, however, proved as 
contumacious as the Adventurers themselves had done on 
an earher occasion, and on January 18, 1632, the Adventurers 
report that in spite of former orders "the said Ricroft is 
gone to Canada, sent out by Maurice Thomson, and John de 
la Barr, who knew he was vnder command, and Captaine Man 
absenteth himselfe and cannot be found, and that Richard 



other? foLl-rfS'"''"'' ^.^^ is^"ed -'to Lord Keeper Coventry and 
ntw A ^''''™^ Thomas Fitz, and to discover what beaver skhis or 
other goods were brought in by Captain Kirke." [C.S.P. DomestL. 1629-31, 
Smnlv to th! '''^^'!°' ^^ liberation [25-t-5] makes no reference to this, but 
simply to the report of the Attorney General. 



PREFACE. XXXV 

Brereton, and Maurice Thomson refuse to be examined, con- 
trary to the orders of the Board ; Their Lordshipps taking 
notice of this complaint, and withall the contempt of the said 
Interlopers, considering that the said Companie had bin at 
great charge in takeing of the Countrie, and maintaining the 
same to his Majesties vse, at their Lordshipps command ; did 
order that all the parties that haue not already bin examined 
should be examined by Sir Henry Martin according to former 
orders of this Board, and that the names of all those who shall 
in this case refuse to be examined be retourned, and the 
parties who are mentioned in the former orders should attend 
the Board the 25th of this present " [287]. 

On the 22nd February, on the matter being discussed, 
" Inasmuch as it was insisted on by the said Interlopers, that 
the said Adventurers had noe Patent or Commission which 
did appropriate that Trade wholly unto them, the contrary 
whereof was affirmed by the said Adventurers, and alsoe that 
they had severall orders of this Board for the better authorizeing 
and strengthening of them in the pursuite of the said Trade. 
It was thereupon thought fitt and ordered that the said Judge 
should examine the truth thereof, as lykewise of the Contempt 

of the said Interlopers And that both sides 

attend the Board on ffryday next " [290]. 

After some delay owing to the illness of the Judge [294], 
full satisfaction was given to the adventurers on July 25, 1632, 
[296], and on further delay being interposed by Maurice 
Thomson, he was threatened with the Marshalsea [297]. 
Meantime, in April, 1632, by the Treaty of St. Germain-en-laye, 
Canada was restored to the French in return for payment 
of the dowry of Henrietta Maria, and on November 21 
[298] we find the Adventurers pleading that in return for their 
heavy losses at the capture of Quebec they may be granted : — 
"royaU letters Patent accordingly, vizt. : for sole trading in 
the GuKe and River of Canada, and partes therevnto adiacent, 
and to place a Colony and fortresse there if they thinke fit, 
from the latitude of fourty foure degrees to the latitude fifty 
foure degrees for one and thirty yeares." His Majesty having 



XXXVl PREFACE 

referred the petition to the Board, their Lordships refer it 
to Mr. Attorney General, with instructions to examine into 
the matter, and to report " with the best expedition " [298]. 

The adventurers now fell to quarrelling among themselves, 
the greater party being represented by Sir Wm. Alexander, 
the Ktrkes and Berkeley, while certain Scottish adventurers 
formed another section, and tAvo malcontents a third [300J. 
On December 12 the patent desired was granted to the larger 
party, the Board expressing a charitable wish " that the said 
Scottish Aduenturers should ioyne in the said Patent, and 
Trade, if the parties cann agree amongst themselves " [301]. 
A caution was also inserted that no Treaties of his Majesty 
with his allies were to be infringed, quahfied, however, on 
December 22 by the declaration : " yet neuerthelesse that it 
may bee lawfull for the said Patentees their Deputies or 
Assignes to defend themselues in case they shall bee assaulted 
by any contrary to his said Treaties " [304]. And so the 
curtain drops on the first British possession of Canada. 
The affair from first to last evidently excited great interest, 
and the large attendance at the Council during its continuance 
is noticeable. 

Pim^" Many more points might be touched on. In some of these 

dull extracts are concealed stories of heroism tales of dangers 
of the sea faced with Enghsh courage. The sailor of the 
times of Charles II had many foes, pirates in the West 
Indies, pirates in the Red Sea, Algerines in the Mediterranean, 
who pushed out into the Atlantic and at times came up into 
the narrow seas, dangers of war and shipwreck. What ship 
in fiction had more manifold changes of fortune than the 
King David, sailing from Newfoundland to Tangier ? " Being 
vpon her said Voyage to Tangier shee was Mett with off Cape 
St. Vincent by the Argier Pirats, and there after Three days 
resistance Boarded by Seventy Moores which they kiUed and 
Drowned, after mett with Five Pirats more, when they 
were forced to Surrender, but some dayes after were retaken 
by Captaine Kempthome ; but he meeting with Six Piratts 
more, was forced to leaue the Petitioners Shipp, after which 



PREFACE. XXXvii 

shee was retaken by the Turkes, and then retaken againe by 
Sir Thomas Allen, who sent her into Malaga, and hath giuen 
order to Sell the said Shipp with her Lading ; " her owners 
therefore pray that "in regard the said Shipp hath so 
well Defended her selffe The Master, Edward Clements, 
being made a Slave, And that the Mariners are still on 
Board her, both Shipp and Lading may be Eestored to 
the Petitioners or their Order, by Sir Thomas Allen and his 
Agents .... the Duke of York . . is desired 
and Authorised to favour the Petitioners what he may in 
order to the Restitution of their said Shipp and Ladeing, 
and to giue such Directions therein as to his Royall Highness 
shall seeme fitt and just." [885]. 

On July 15, 1670, " His Majesty was pleased to Declare, 
That the Proceed of all Turkes and Moors, which are, or shall 
be taken by any of his Majestys Ships of War, and haue or 
shalbe sold, be employed towards the Redemption of such 
of his Subjects as are Slaves at Argiers." The Master, Super- 
cargo, and 24 mariners of the King David are to be the first 
so ransomed, and order is given that " for the future such as 
haue made the best and gallantest Defence before they fell 
into the Enemies hands haue preference in redemption out 
of the said Monies before any others " [894] ; an order 
which shows the curious state of affairs caused by the 
existence of a nest of pirates with whom peace was impossible, 
but whose extermination was forbidden by international 
jealousies, each nation being unwilhng to proceed to 
extremities against a power whose depredations upon her 
rivals were often so convenient.* 

In conclusion, the Editors must thank those to whose 
generosity the publication of these volumes is due, and the 
numerous friends whose suggestions and advice have been most 
helpful. A divided editorship has certain advantages and certain 
drawbacks. We trust that the latter are not unduly apparent. 

Privy Council Office, 
September 22, 1908. 

* For the relations between England and Algiers, see Sir R. L. Playfair, 
The Scourge of Christendom (1884), 



( xxxix ) 



ERRATA. 



Page 156, line twelve, jor " 20 September " read " 30 
September." 

„ 310, line four, far " ^j and 12 " read " Ij 1 and 2." 

,, 365, line ten, for " [pp. 436-439.] " read " [pp. 437- 
439.]." 

„ 409, line two, for " (620).] " read " (602).]." 

,, 504, line fourteen, for " {cf. 885)" read "{cf. 825)." 

„ 655, line ten, after " 828 " delete " i." 

„ 663, line eighteen, for " [C.S.P. IV. 89.5] " read 
"[C.S.P. IV. 895.]." 



ACTS 



OF 



THE PRIVY COUNCIL (COLONIAL;. 



ACTS OF THE 
PEIYY COUNCIL (COLONIAL). 

JAMES I. VOL. T. (1 May, 1613—31 May, 1615.) 



1613. 



[1.] Greenwich, 12 July : Present : — Lord P. Seale, Lord 
Chamberlen, Lord Zouch, Lord KnoUis, Lord Wotton, Lord 
Stanhope, Sir Julius Csesar. 

A Letter to the Lord Deputie of the Realme of Ireland. Newfound- 
Your Lordship shall vnderstand that the Queene Regent 
of ffraunce hath by her Letters complayned to her Majestie 
of great wronges Done to the Subiectes of that Kingdome 
the last yeare by the English in their ffishinge at Newe- 
found-lande, in takeinge their ffish from them, and offeringe 
violence and Disturbance vnto them in their peaceable Trade 
of ffishinge, which they have vsed there (as is informed) tyme 
out of myhde : and by the Ambassador here resident here 
with his Majestie for that Kinge the matter is pressed with 
much importunitie for restitution, and such other satisffaction 
as is meete in a ease of this nature conceminge the Subiectes 
of a Prince, that is in such Amitie, and fireindshipp with his 
Majestie whereof consideration beinge had it is not conceaued 
what preiudice, or incommoditie at all the Enghsh haue Done 
vnto them, either the last yeare, or at anie tyme before ; 
vnles it bee that which happenned vnto them there by Easton 
the Pyrate, and his Consortes, which is the rather belieued 
for that the complaine there were then Diuers Barques 
taken from them which are yet kept, and Detayned. Con- 
cerninge which it is not vnknowne to your Lordship that 



4 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1613. 

there was a smale Shippe of the burthen of fiftie Tonnes called 

the Katheren of Clone brought into the Harbor of Eansale 

by Gilbert Roope the Pyrate, and one of Eastons Consortes, 

which Shipp is there remayneinge. fforasmuch as this poore 

man the bearer hereof Christopher Berocke hath made proofe 

in his Maiesties hiegh Courte of Admiraltie here, that the 

said vShipp, and ffurniture Doeth belonge vnto him, and 

accordingly hath a Comission graunted out of that Courte for 

restitution thereof : wee Doe therefore hereby pray your 

Lordship to giue order for the Due execution of the said 

Comission, that the poore man may find that reliefe, as to 

Justice, and good reason shall appertaine : Whereof wee pray 

your Lordship to take notice, the rather in respect it is 

informed that one Marlott hath combyned with the said 

Roope purposely to Defeate the petitioner of that smale shipp, 

which is all the livinge hee hath. 

[/o. 4P. Tl 1.] 

[2.] Greenwich, 12 July : Present : — Lord P. Seale, Lord 
Chamberlen, Lord KnoUis, Lord Wotton, Lord Stanhope, 
Sir Julius Caesar. 

Newfound- A Letter of Assistance with generaU Direction for the fuU, 
and Due executinge of a Comission graunted out of the hiegh 
Courte of Admiraltie for restitution of a smale Shipp of the 
burthen of 50 Tonnes, or thereaboutes, called the Katherine 
of Olon in Srance which beinge sett forth to fish in New- 
found-land was there taken in May 1612 by Peeter Easton, 
and Gilbert Roope Pyrates, and brought into the Realme 
of Ireland, and there left in the Custodie of one Marlot, and 
vpon proofe made that the said Shipp and ffurniture did 
belonge to Christopher Berock to whom the Comission was 
granted. 

[fo. 41b ^ 3.] 

[3.] Whitehall, 1.5 July: Present :— Lord Archbishop. Lord 
Chancellor, Lord P. Seale, Lord Chamberlen, Lord Zouch, 
Lord KnoUis, Lord Wotton, Lord Stanhop, Sir Ju. Caesar, 
Sir Tho. Parry. 



1613.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 5 

A Letter to Mr. Sollieitor generall. Wee send you Guiana 
herewithaU twoe Petitions the one exhibited to the Kinges 
Majestie and the other to vs of his Councell by Robert 
Harcourt esqr. wherein hee Desireth Letters Pattents from 
his Majestie of a parte of Guyana in the West Indies, 
haueinge heretofore with greate travaile and Charge discovered 
that Contry and inhabited there by himself and his freinds 
for the space of these three or foure Yeares last past and still 
houldeth the possession thereof without impeachment or 
interruption whereby he hopeth in shorte tyme to plant that 
Contry with his Majesties Subiects to the greate benifitt of 
this Kingdome by the increase of Trade, and the reduceinge 
of that People to civility of life and Christianity, ffor asmuch 
as it seemeth a matter worthie Consideration, and carrieth 
hope of benifite and good endeavour as well by the enlarge- 
ment of Trade as by imployment of shippinge and Marryners, 
And that it is informed that those Contrys are not actually 
possessed or inhabited by the Subiects of any Christian Prince 
or State in Amity with his Majestie Wee haue thought 
meete hereby to pray and require you to draw a bill ready 
for his Majesties Signature containinge a Graunt to the said 
Robert Harcourt and such others as he shall name vnto you 
of aU. that parte of Guyana, as it standeth Limitted in his 
Petition to his Majestie, together with such Cautions, Limit- 
tations and Priviledges, as are contained either in the said 
Petition or the Letters Patents formerly graunted for Vrginia 
and the Plantation for Newfoundland, And as may stand 
with the furtherance of the said intended Plantation and 
the honor of his Majestie ffor which this shalbe your 

warrant. 

[/o. 43"- If 1.] 

[4.] Windsor, 22 July: Present: — Lord Archbishop, Lord 
Chancellor, Lord Chamberlen, Earl of Shrewsbury, Lord 
Viscount Rochester, Lord Stanhope, Sir Jul. Csesar. 

A Letter to the Judge of the Admiraltie. Whereas Newfound- 
the Kings most excellent Majestie for the suppressinge 



6 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1613-14. 

of Pyratts which haunt and frequent the Seas to the 
quiett and disturbance of the pubhque traffique and Trade 
of his Majesties Louing Subiects, hath authorize our 
very good Lord the Lord High Admyrall of England to 
graunt and make fourth vnder the Seale of the Admyralty 
Comission to such person or persons as shalbe thought meete, 
by which they may be warranted and haue fuU power and 
authority given them to presse and take vpp as many Shippes 
and other Vessells furnished and provided in such manner 
as may be sufficient for the apprehention and takeinge of all 
such Pyratts in all Places where it shalbe expedient. And 
for as much as Complainte is now made to the Board by the 
Company of Marchants tradinge Newfound Land of greate 
damage and losse they haue lately received to the value 
of 20,400?. by divers Piratts haunting those partes Humbly 
desiring that a Comission may be graunted them to sett 
fourth a Shipp of warr to defend and guard the Sea coasts 
of Newfoundland, and the same to be mayntained at the 
costs and Charges of the ffishing ffleete which request being 
iust and reasonable for security of their quiett course of trade 
there wee haue thought meete to condiscend therevnto, and 
do hereby pray and require you to graunt fourth a Comission 
out of the High Courte of Admyralty contayning a warrant 
vnto the said Company to sett fourth a Shipp of warr for the 
suppressinge and apprehending of all such Piratts as roue 
vpon the Seas to the generaU. preiudice of trading and 
Marchandizing ffor which this shalbe your warrant. 

[fo. 47.] 

[5.] Whitehall, 4 January : Present : — Lord Chamberlaine, 
Duke of Lenox, Earl of Worcester, Lord ffenton. 
Virginia. A letter to Sir Thomas Smith. Wee haue lately receiued 

diuers Complaints exhibited by the ffrenohe Embassador on 
the behalfe of Certaine ffrenchemen of Rochell, St. John de 
Luz and others, some of them Concerning outrages Committed 
vpon them (as is alleadged) on the Coast of Canada by Captain 
Argall employed for Virginia, others in their fishing voyage 



1614.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 7 

towards Greenland by one Captain Benjamin Joseph, who 
Commaunding a Shipp of the Muscovie Companie this last 
Sommer found some of those ffrenchemen in those parts and 
tooke from them a greate quantitie of Trayne and Whale bones 
wherewith they had laden their Shipp, and sent them away 
emptie as appeareth by the memorialls presented by the 
ffrenche Embassador which wee send you heere withall. 
fforasmuche as it wilbe expected that his Majestie should forth- 
with giue some satisfaction to the sayd Embassador touching 
theese Complaints. Wee haue thought good first to require 
you to acquainte some of the Councell of Virginia heere 
withall, as also some of the Muscovie Companie, so farr as it 
Concernes eyther of them respectiuely, and to retourne vs 
their seuerall and particular answers vnto eache of them 
with all expedition, that the Embassador may likewise receiue 
his answer from his Majestie or this Board. 

[/o. 116. H 3.] 

[6.J Whitehall, 23 January : Present : — Lord Archbishop of 
Canterbury, Lord Chancellor, Lord Pr. Scale, Lord Cham- 
berlaine, Lord Knollys, Lord Wotton, Lord Stanhope, Sir 
Jul. Csesar. 

The answere of the Uords of his Majesties Privie Councell Virginia, 
vnto the complaynts exhibited by the Lord Embas- 
sador of ffrance touching spoyles and other violences 
supposed to be committed by his Majesties Subiects 
of great Brittaine vpon the subiects of France, on 
the Coast of Greeneland and Canada, 
ffor the matter of Canada their llordships having required 
the Treasurer and Councell of Virginia whom it concernes 
to make answere therevnto, they say that since the Moneth 
of June, they haue not received any shipp, or advice from 
Virginia, whereby they cannot be informed of any such 
misdemeanours but vpon Captain Argalls returne whom they 
expect about the beginning of the Spring, or vpon any other 
notice of the fact (whereof they wiU seeke to be informed 
by all the meanes they may) they will certifie their llordships, 



8 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1614-5. 

wherevpon suche course shalbe taken, for restitution and 
punishment of the offendors, as shalbe to the good satisfaction 
and contentment of the sayd Lord Embassador and the parties 
interessed. [/o- 121. 



f ^ 1 & 5.] 



The ship 
Catherine. 



" The Lord 
Deputy of 
Ireland, 
made 

acquainted 
with this 
busines, 
and knew 
noe cause 
but that 
the said 
Birush 
might be 
discharged.' 



Virginia. 



[7.] WTiitehall, 10 May : 

Whereas Christopher Birushe of Clone within the Ivingdome 
of ffraunce, and Martine fioster of DubUn Marchante did 
become bound in a bond of 1001. bearing date the 10 of 
September 1613 unto Sir Wilham Ussher Knight Clarke of 
his Majesties Privy Councell in Ireland, that the said Birushe 
should make his personall appearance within six monethes 
after the date thereof before the Lords of his Majesties Most 
honourable Privy Councell here in England, and to submitt 
himself to such order, as should be taken touching a Controursie 
depending betweene the said Birushe and one WiUiam 
Marlott for a Shipp called the Kathren of Olone. iiorasmuch 
as the said Birushe, hath now presented himself before their 
Lordships, and shewed good testimony that he could not 
tender his appearance Avithin the tyme Limitted by reason of 
Sickness - and other hinderances, .... In regard 
whereof and for that there hath been no Suite made 
to their Lordships by the said Marlott or any others concerning 
that Shipp, nor any other Cause knowne whie he should attend, 
he is therefore dismissed of any further attendance on their 
Lordships in respect of the said Bond, which is hereby dis- 
charged, [/o. 159b. ^ i_j 

[8.] Yorkhouse.Thursday afternoon, 16 February: Present:— 
L. Archbisshop of Canterbury, L. Chancelor, L. Treasorer, 
E. of Worcester, E. of Pembroke, L. KnolHs, L. Wotton, 
Mr. Secy. Winwood, Mr. Chancelor of the Exchequer, L. Cheife 
Justice, Master of the RoUes, Sir Tho. Lake. 

Wheras it pleased their Uordships some Moneths past, at 
the humble suite of the Company of Virginia, to gyve order 
for the writing of certeine Letters vnto the seueraU Cittyes 
and Townes of this Kingdome, inviting and perswading the 



1615-16] ACTS OP THE PRIVY COUNCIL (COLONIAL). 9 

Inhabitants there, to adventure in a certejoie Lotterye such 
Somes of monye as they should tliinck fitting, according to 
the Rules enclosed in the sayd Letters, therby the better to 
enable the sayd Companye to proceede in that Plantation 
of Virginia : And for asmuch as vpon further consideration 
it was eomaunded by the Boarde, that stay should be made 
of the sayd Letters, vntill further Order might be gyven on 
that behalfe : It was this day (vpon the humble Suite of 
Sir Thomas Smith, with the rest of the Company of Virginia) 
thought fitting, and so accordingly ordered, that the sayd 
Letters should furthwith be deUvered vnto Sir Thomas 
Smyth, to the end they might be sent and dispersed 
according to their seueraU directions.* [/o. 273. •! l.j 

[9.] Greenwich, 26 May ; 

[The imposition of two shillings upon every pound of Tobacco. 

tobacco imported into the Kingdom is to come into force on 

1 June, and not before.] [/o. 315. ]J 1.] 



JAMES I. VOL. IL (1 June, 1615—31 March, 1617.) 
[10.] Whitehall, 19 March: Present : — Lord Tresorer, Lord 

AdmiraU, Lord Chamberlaine, Mr. Secretary Winwood, Mr. 

Secretary Lake, Mr. Chancellor Exchequer. 

A Letter to Sir Walter Raleigh. His Majestie out of his Sir \yalter 

rlaleigh. 

gratious incUnation towards you, being pleased to release you 
of your ymprisonment in the Tower to goe abroade with 
a Keeper to make your provisions for your intended voyage, 
wee thinke good to admonishe you (though wee do not 
prejudicate your owne discretion so much, as to thinke that 
you would attempt it without leaue) that you should not 
presume to resort either to his Majesties Court, the Queenes, 
or Princes, nor goe into any publique assemblies wheresoever, 
without espetiall hcence obtayned from his Majestie for your 



* For one of these letters see C. S. P. L p. 17. 22 Feb. 1615. 



10 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1616-17. 

warrant, But onely that you vse the benefitt of his Majesties 
grace to foUowe the businesse which you are to vndertake, 
And for which vpon your humble request his Majestie hath 
beene gratiously pleased to graunt you that freedome. 

[p. 202. ]I 2.] 



[11.] Whitehall, 17 June. 
Virginia This day Antonio da Costa doliueiro presented a Certificate 

vnder the hand of Sir John Digby knight Vicechamberlen 
to his Majestic and late Ambassador with the Kinge of Spayne, 
bearinge date the 26 of January 161G Stilo nouo. Importinge 
in effect That John Clarke an English Pylott taken formerly 
by the Spaniards in Virginia, thence brought into Spajme and 
imprisoned, was safely delivered into his hands and that the 
said John Clarke was then freely in his House, and might goe 
at liberty whether it pleased him. fforasmuch as Antonio 
da Costa was formerly bound in an obhgation of lOOOZ. 
pennalty that the said Clarke should be deliuered as afore- 
said ; And that the said obhgation is in the hands and 
custody of Mr. Cottington now in Spajme, he hath therefore 
prayed, that notice may be taken of the said Certificate and 
for his indempnity entry may be made thereof in the 
Register of Councell Causes. [p. 301. •[[ 2.J 



Traiaport- 
afcioQ of 
criminals. 



[12] Hinchingbrooke, 24 March: Present: — Lord Keeper, 
Earl of Arundell, Lord Wotton, Lord Carew, Mr. Secretary 
Winwood, Master of the RoUes. 

An open Warrant. Whereas it hath pleased his Majestie 
oute of his singular Clemencie and mercy to take into his 
princely Consideration the wretched estate of diuers of his 
Subiectes who by the Lawes of the Realme are adiudged to 
dye tor sondry offences thoughe heynous in themselues, yet 
not of the highest nature, soe as his Majestie both out of his 
gracious Clemencye, as also for diuerse weighty Considerations 
Could wishe they mighte be rather Corrected then destroyed, 
and that in theire punishmentes some of them might hue, and 



1617.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 11 

yealde a profitable Service to the Common wealth in partes 
abroade, where it shall bee founde iitt to imploye them. fEor 
which purpose his Majestie having directed his Commission 
vnder the greate Scale of England, to vs and the rest of his 
privey Counsell, gyving full power Warrant and Authoritye 
to vs or any Sixe or more of vs whereof the Lord Chancelor 
or Lord Keeper of the Greate Scale, Lord Treasurer, Lord 
Priuy Seale, and one principall Secretarye to be two, to 
Reprive and stay from execution suche persons as now stand 
Convicted of any Robbery or felony (willful! murther. Rape, 
witchcraft or Burglary onely excepted) who for strength of 
bodye or other abiUtyes shall be thought fitt to be imployed 
in forreine disco veryes or other Services beyond the Seaes, 
as shall be Certifyed vnto vs in writing by any one or more 
of the Judges, or Serjeantes at La we before whome suche 
felonyes haue been tryed, or in theire absence, then by two 
suche principall Comissioners, before whome suche felons 
haue been Convicted, and the sayd partyes so reprived and 
certifyed as aforesayd, to appoint, bestowe, and Committ 
to serve in suche Discoveryes or other forraigne imploymentes, 
as wee or any Sixe or more of vs shall assigne, or appointe, 
and the time to be prefixed by vs or any suche Sixe of vs as 
aforesayd, how long the sayd Ofiendors or any of them shall 
remayne in suche Imploymentes. Willing and Commaunding 
by vertue of the sayd Commission aU his Majesties Judges, 
Justices, Sherifes, Gaolers, and aU other his Majesties ofiicers 
and loving Subiectes to whome it shall apperteyne to be 
ayding and assisting to the Due performance of the premisses 
with this speciaU proviso, that if any of the sayd OfEendors 
shall refuse to goe, or yealding to goe, shall afterwardes come 
back, and returne from those places where they are, or shall 
be sent or imployed, before the time hmmitted by vs his 
Majesties Commissioners be fully expired, that then the sayd 
Reprivall shall noe longer stand nor be of any force, but the 
sayd Offender or Offenders shall from thence forth be subject 
to the execution of Lawe, for the offence whereof he was first 
convicted as if nothing had been doon by vertue of this 



12 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1617. 

Commission. Theese are therefore to signifye vnto aU his 
Majesties Officers and other persons whome it may Conceme, 
that having received a Certificate from Sir Henry Finche 
knight, one of his Majesties Serieantes at Lawe, and Sir 
Wilham Louelace knight one of the Justices of peace in the 
Countye of Kent, that John Browne now prisoner in his 
Majesties Castle of Canterbury, being a person of able bodye, 
and fitt to be imployed in the partes beyond the Seaes, hath 
had his Tryall before them, and standes convicted of felonye 
(but not for any Murther, Rape, Burglary or Witchcraft) Wee 
doe by vertue of his Majesties sayd Commission Reprive the 
sayd John Browne from execution of Lawe, and doe appoint 
him to be dehuered vnto Sir Thomas Smith knight Gouernor 
of the East Indie Company or his Assignees, to be Conveyed 
into the East Indies or other partes beyond the Seaes where 
he shall direct, with aU convenyent speede, and not to retume 
agajme vpon the payne before specif yed, without Warrant 
first obteyned vnder the handes of Sixe of vs of his Majesties 
Privey CounceU. And doe will and in his Majesties name 
Commaund the Highe Sherife of the Countye where the sayd 
John Browne doth remayne, to deliuer him accordingly to 
the sayd Sir Thomas Smith or those whome hee shall appoint 
to receiue him. ffor doing whereof this being according to 
his Majesties Commission, shall be to him a sufficient Warrant 
and discharge in that behaKe. [pp, 601-2.] 



JAMES I. VOL. IIL (1 April, 1617-31 Oct., 1618.) 
[13.] Whitehall, Sunday afternoon, 13 July : 
Sinsported. ^^ °P^^ Warrant for the Reprive of Christopher Potley 
Roger Powell, Sapcott MoUneux Thomas Middleton, arid 
Thomas Chrouchley Prisoners in Oxford Gaole, and to dehver 
them vnto Sir Thomas Smyth knight to be transported 
mto Virginia or other partes beyound the Seas with prouisoe 



1617.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 13 

that they retourne not againe into England according to the 
forme of a former Warrant entred at large the 24 March last. 

Upon Certificate from Sir Peter 
Warberton and Sir Randall Crew. 
VV- 91- H 2.] 
[14.] Whitehall, 24 August: 

[A similar warrant for the transportation of] George Criminal 
Harrison out of Hartford Gaole condempned for steahng of ''^"^P"'' ^ 
a Horse. [p. 121. ]f 2.] 

[15.] Whitehall, Simday afternoon, 1 8 November : Present : — 
Lord Treasorer, Lord Carew, Mr. Secretary, Master of the 
RoUs. 

A Letter to the Lord highe Admirall of England. Wee Sir ^Valter 
are very sorry to, vnderstand that your Lordshipps ill ^'^ 
disposition of health hath beene such as not to suffer you 
to bee present at the day appointed for the examination of 
Captaine Bayhe, But that businesse may well attend your 
Leasure ; In the meane time if your Lordship can discover 
any thing against Bayhe, or to cleere those doubts which 
vpon this occasion haue beene raysed of Sir Walter Raleighs 
courses and intentions as it seemes by a Letter which wee 
haue seene from your Lordship vnto Sir George Caluert 
Clarke of the Councell, wee shalbee as wilhng to entertaine 
the knowledge thereof as your selfe. But till then wee are 
stiU of the same opinion vnder your Lordships favor, as wee 
were before, for the Release and the dehvery of the shippe 
and goods vnto Captaine Baylie, hee putting in such suificyent 
caution as the Judge of the Admiralty, shall thinke meete 
to giue satisfaction vnto all such as shall make any just 
clayme to haue Interest in her or the goods by way of 
Adventure or otherwise. £Eor which wee pray your Lordship 
to giue ymmediate order accordingly. [p. 175, ^ 2.] 

[16.] Whitehall, 4 December : Present : — Lord Archbishop 
of Canterburie, Lord Keeper, Lord Treasurer, Lord Priuie 
Scale, Lord Stewarde, Lord Chamberlein, Earl of Arundell, 



14 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1617-]8. 

Lord Bishop of Elie, Lord Zouch, Lord Wotton, Lord Hay, 
Mr. Comptroller, Mr. Seoretarie, Mr. Chancellor of the 
Exchecquer, Master of the RoUes, Sir Edwarde Coke. 
Virginia. Vpon a Referrence from hia Majestie to this Boards, 

concerninge a petition exhibited by the Councell, and 
Adventurers of the Virginia Plantation, for some further 
time to bee Custome free for goodes retorned from Virginia, 
longer then the Tearme of Seaven yeares mentionned in theii 
Letters patents, or otherwise, that they may enioye that 
finale remainder of the Tearme contayned in their said Graunt. 
It is vpon due consideration thereof this day orderred, that 
the Lord hiegh Treasurer of Englaunde doe giue Warraunt, 
and direction to his Master Officers, and fiarmors of his 
Customes of the Porte of London, that the said Companie 
of Virginia bee exempted, and discharged, of Customes, Sub- 
sidies, and other duties to his Majestie for anie goodes, or 
Marchaundizes transported to the CoUonie in Virginia, or 
imported from thence into this Realme, dureinge the Tearme 
of Priuiledge contayned in their Letters patentes : which is 
vnderstoode to bee for a yeare to come, or thereaboutes, and 
noe longer : which their Uordships doe yeild vnto as a special] 
fauour to that Companie in regarde of their charge, and 
Industrie in the Settleinge of that Plantation, and not to bee 
further continewed, or expected, after the expiration of their 
said Graunt. [p. 201 II 1 1 

[17.] Whitehall, Sunday, 11 January: 
Captain A Warrant to the Keeper of the Gatehowse to receive into 

his Custodie Captainc John Bailie and to keepe him close 
prisoner. ^^ 231. H 2.] 

[18.] Ibid. 

Captain The Judge of the Admiraltie this Day attending the 

Boord, together with the Register of the Courte, and aU suche 

Exammations and Depositions as had been formerly taken 

touchmg the Departure of Captaine John Bayly with his 



1618.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 15 

Shippe and Company from Sir Walter Raleigh at the Island 
of Lancerota, and the Causes pretended to move him there- 
vnto, as also the Copie of his Majesties Comission graunted 
vnto the sayd Sir Walter Raleigh for his intended voyage vnto 
certeyne partes of America ; together with a paper in the nature 
of a Relation or Joumall of what had passed in the same voyage 
from the time of their setting forth, vntill their Arrivall at 
Lancerota, written by Captaine Bayly, and dispersed by him 
in severaU Copies vnto some of his particular freindes after 
his retume into England, being all this Day pubHckly read 
before their Lordshipps and the sayd Captayne Bayly himselfe 
viva voce heard what he Could saye in his owne iustification 
and Defence : Their Lordshipps having first grauely debated 
and weighed the same, and aU considerable Circumstances 
thereto apperteyning, doe with full Consent agree and con- 
clude, that the sayd Captaine Bayly hath behaved himselfe 
vndutifully and Contemptuously not only in flying from his 
Generall vpon some false and other frivolous suggestions with- 
out any iust Cause at all, but also in Defaming his sayd Generall 
in the before mentioned Joumall or Relation, wherein he 
Chargeth him with Cousenage and layeth vpon him other fowle 
and base imputations, ffor which Cause their Lordshipps haue 
thought him worthie of Imprisonment for the present, and 
to be proceeded withaU afterwardes for his sayd Offences as 
to Justice doth belong. Moreover whereas vpon another 
Information lately brought vnto the Lord Admirall, and by 
his Lordshipp this day (after the other Businesse had been 
heard ^.t large) communicated vnto the Boord, shewing that 
Captaine Baily dyd vpon Thursday last the 8 of this Moneth, 
in the presence and hearing of one Captaine Chester, Hasell, 
Wilkes and others, vtter Certejme threatning Speeches against 
the sayd Sir Walter Raleigh, which Bayly then sayd hee 
would this Day acquaynt the Lordes withall, synce Sir Walter 
Raleighs freindes went about to vndoe him, and overthrowe 
his fortunes ; the effect of which Speeches were, as some of 
the Witnesses aforesayd being Called and present dyd averre 
at the Boorde, That he Could Charge Sir Walter Raleighe and 



16 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1618. 

other greate ones with matter of Treason against his Majesty 
Committed or conceived about a Tweluemoneth since, as his 
wordes at that tyme are sayd to importe. The sayd Bayly 
was this day also interrogated thereupon by their Lordshipps 
who Denyeth the same in parte, that is, that hee never sayde 
he could Charge any greate ones, other then Sir Walter Raleigh 
with Treason, nor him neyther, but out of the Mouth and 
Reporte of one Mr. Hastinges Brother vnto the Earle of 
Huntingdon who is gone with Sir Walter Raleigh this Joumy, 
and at Plimouth tolde the said Bayly (as hee affirmeth) that 
hee had matter of Treason to Charge Sir Walter Raleigh 
withall, but in what particular Bayly knoweth not ; Never- 
theles forasmuch as the sayd Baily having a Matter of see 
highe and haynous a nature as this is concernyng his Majesties 
person or state (whome God preserue) revealed vnto him soe 
long synce, and hee not discovering the same sooner, as in 
duty and by the Lawe he was bound upon his peril! ; besydes 
that hee blauncheth and Deales not ingenuously in his Answer 
to that point as their Lordshipps doe suppose They haue 
thought fitt, and soe doe Order, that hee shall be first Com- 
mitted to Close Prison for this Cause alone, and Direction 
given to his Majesties learned Councell for the further 
Examination of him, and suche others as were present when 
the sayd wordes were spoken ; And howbeit it should soe 
fall out that he might be acquitted touching the sayd Matter 
of Treason, and noe Cause founde in that respect to deteyne 
him any longer in Close Prison, Yet is it ordered that hee shall 
neverthelesse there Continew vnder Restraint for his Mis- 
demeanor towardes his Generall Sir Walter Raleigh, and 
bee proceeded withall otherwise according to Lawe, and as in 
the first parte of this Act is aboue mentioned and Declared. 

[p. 231. ^ 4.] 

[19.] Whitehall, Sunday, 11th January. 
Captain A letter to the King. [The Council report to his 

Majesty the whole proceedmgs touching Captain Bayly.] 
If any thing more shall occurre upon a new Examination 



Bayly. 



1618.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 17 

before your Learned Councell wourthie your Majesties know- 
ledge, wee shall humbly advertize the same. \p. 233.] 

[20.]* , 13 January : Present : — Lord Archbishop, Lord 

Chancellor, Lord Treasorer, Lord P. Scale, Lord Steward, 
Lord Bishop of Ely, Lord Carew. 

A Letter to Mr. Atturny generall. You shall receiue Captain 
heerewithall a copie of an Order made at this Boord ^^ ^ ' 
concerning Captaine Bayly, by which it will appeare vnto 
you, that besides his first contempt and offence, for 
which hee was convented before tkis Boord, there is other 
matter layd to his charge of a higher nature discouered vpon 
this Examination, fforasmuch as the same toucheth vpon 
matter of Treason, Wee haue committed him to close Prison 
and do require you to take some time as soone as you may 
for his further examination vpon that point, and of such 
wittnesses also as heard the same, and are readie to testifie 
it against him, whose Names you shall finde mentioned in 
the sayd Order. Hee is Prisoner in the Gatehowse and shalbee 
readie to attend you, whensoeuer you giue order vnto the 
Keeper to bring him before you. [p. 234. Tl 1.] 

[21.] Whitehall, 1 February : 

[Captain Bayly is admitted the hberty of the prison, Captain 

on his wife's petition and representation that close ^^^' 
imprisonment had much impaired his health.] 

[p. 257. ^ 1.] 

[22.] Whitehall, 23 February : 

[A contemptuous and insolent petition having been Captain 
exhibited in behalf of Captain Bayly, he is] againe comitted 
closse prisoner, and aoe to remayne untill further order. 

[p. 281. last If.] 

[23.] Whitehall, 27 February : 

A Warrant to the Keeper of the Gatehouse in Westmynster. Captain 
[As Captain Bayly] hath now made an humble acknow- 

* The Register leaves it doubtful where this meeting was held. 



18 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1618 

ledgment vndor his hand of his offence, and harty 
sorrowe tor the same, and withall humbly craned his Majesties 
pardon and forgivcnes. Theis shalbe to will and require you 
to enlarge and sett at Liberty the person of the said John 
BayUe vpon Bond to be first taken by the Clerke of the Councell 
attendant for his forth comeing and appearance before vs 
at all tymes within tenn Dayes after warning given him in 
that behalf ffor which this shalbe your Warrant. 

To the right honourable the llords and others of ^his 
Majesties most honourable Priuy Councell. 

The humble petition of Capten John Bayhe now 
close prisoner in the Gatehouse. 
Humbly shewing to your llordships that my departure 
from Sir Walter Raleigh was for that I conceived that he 
did not proceed according vnto his Majesties Comission, 
therefore for feare of offence to his Majestie T departed 
although that thereby I lost my advejiture being a greats 
parte of my Estate. 

But forasmuch as vpon full hearing of the Cause before your 
llordships it appeareth to your llordships that your petitioner 
hath much offended not only in leaueing his T\Iajesties 
Comission but also in defameing Sir Walter Raleigh. 

Yotxr petitioner vpon deliberate consideration with himself 
doth humbly confesse and acknowledg his punishment to be 
most iust, and is very hartely sorrie for his said offence, and 
doth humbly intreate your llordships honorable mediation 
to his Majestie for pardon and forgivenes of the same. 

And for that yoiu- petitioner hath sustayned greate losse 
by his said departure and indured long imprisonment for his 
said offence, your petitioner doth therefore most humbly 
beseeche your Honors not to conceive his said offence proo- 
ceeded either of malice or willfuUnes but for want of true 
Judgment which hath turned to his owne vndoinge. 

And therefore I humbly intreate and beseeche 
your Honors to be pleased to pardon my said offence 
and to take such compassion of me that I may be 



1618.] ACTS OF THE PRIVY COtTNCIL (COLONIAL). 19 

restored vnto my libertie. And (as in duty bound) 
I wiU dayUe pray for your Uordships longe life and 
continewall happines. 

John Baylio. 

[p. 28S.] 

[24.J Whitehall, 5 March : Present :— Lord Archbishop, 
Lord Chancelor, Lord Viscount Fenton, Lord Bishop of Elie, 
Lord Carew, Mr. Treasorer, Mr. Secretary Lake, Mr. Secretary 
Naunton, Master of the RoUes. 

A letter to the Lord De la Ware. Whereas Henry Virginia. 
Sherley sonne of Sir Thomas Sherley knight, being im- 
prisoned in the Kinges Bench vpon an Execution for 
severall Actions of Debt, hath made an Escape out of 
that prison, and as it is thought will attempt to transport 
himself e into some partes beyond the Seaes, and happily into 
Virginia now vpon this occasion of your Lordships going 
thither : Although wee presume your Lordship is soe noble 
as you will not Countenance or protect him, or shellter him 
vnder your Company, standing in soe ill tearmes as hee doth : 
yet because he may without your privity enterprize such a 
thing, Wee haue thought good to pray and require your 
Lordship to be as careful! as you may, not to suffer any such 
attempt, being of ill example; whereof wee doubt not. 

[p. 295. ^ 3.J 

[25.1 Whitehall, 20 March: 

[A warrant (cf. 12) for the transportation to Virgim'a of] Criminal 

. -»T ' transported. 

William Lambe, prisoner in Newgate. 

Ip. 319. ^1 6.] 

[26.] Whitehall, 23 July : Present :— I^ord Archbishop of 
Canterbury, Lord Chancellor, Lord P. Scale, Lord Chamberlen; 
Earl of Arundell, Lord Carew, Mr. Treasorer, Mr. Vice 
Chamberlen, Mr. Secretary Naunton. 

A letter to Sir Lewis Stewkley knight vice admirall of Sir Waiter 
Devon. You have vnder your Charge the person of Sir **"§'■ 



20 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1618. 

"Sentposte Walter Raleigh knight touching whome and his safe 

Tailor bringing hether before vs of his Majesties privey Counsell 

the same jou haue received sondry directions signifying his Majesties 

'^'^X ^1 ^ f pleasure and Comaundement. Notwithstanding wee finde noe 

noone." execution thereof as had becomed you, but vayne excuses 

vnworthie to be offered vnto his Majestye or to those of his 

Counsell from whome you received his pleasure. Wee haue 

therefore now dispatched this letter vnto you, and hereby 

doe will and Comaund you in his Majesties name and vpon 

your Allegiance, that all Delay es and excuses sett aparte (of 

which wee will heare noe more) you doe safely and speedily 

convey hether the person of the sayd Sir Walter Raleigh, to 

answer before vs such matters as shall be obiected against 

him on his Majesties behalfe. And of this you are to be 

carefuU as you will answer the contrary at your perill. 

[p. 474. last If.] 

[27.] Whitehall, 30 July : 

Sir Walter [A letter to the lieutenant of the Tower, requiring him to 

^®^s • receive Sir Walter Raleigh into his charge and keeping], 

with that Liberty as hee enjoyed when he was last discharged 

thence. [p_ 494. ^ 3.] 

[28.] Windsor, 9 September : 
Sir Walter A letter to Sir Thomas Will son knight. Whereas his 

Raleigh. tit • , i .1 . 

Majesty hath given speciall order for some person of 
trust to be placed in the Tower with Sir Walter Raleigh 
now prisoner there, and to remayne in his Company vntill 
his Majesties pleasure be further knowne, [Wilson, as a 
trustworthy person, is required to repair to the Tower and 
take charge of Raleigh,] Hot suffering any person to haue 
accesse vnto him, or to haue speeche with him but in your 
hearing, nor any at all but suche as of necessity must attend 
him for his dyett and such ordinary occasions as close 
prisoners vsually haue, and not otherwise. And whatsoeuer 
you shall obserue worthie our Advertisement, to acquaynt 
vs with it from time to time as becometh you. 

[p. 509. •! 3.] 



1618.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 21 

[29.] Hampton Court, Sunday, 27 September : 

[A letter to the Lord High Admiral. Notwithstanding the sir Walter 
stay of such ships as went with Sir Walter Raleigh in his ^'^^®'^*' 
voyage to Guiana, his Majesty has been pleased to grant a 
petition of Captain Chudeley for the delivery of his ship to 
him, and it is accordingly to be so deUvered.j 

[p. 518. 11 1.] 

[30.] Star Chamber, 31 October: 

[Ann RusseU to be transported to Virginia according to criminal 
the form laid down in 12.] [p. 545. ^ 3.] transported. 



JAMES I, VOL. IV. (1 Nov. 1618—28 Feb. 1621.) 
[31. J Star Chamber, 4 November: 

Whereas a Petition was this day presented vnto the Boord Newfonnd- 
in the name and on the behalfe of the Owners of Shippes, ''^"'*' 
Merchantes adventurers, and ffisshermen within the seuerali 
Ports of Plimouth, Dartmouth, Barnstable, Weymouth, Poole, 
Hampton, and other the Sea Port Townes within the Countyes 
of Devon and Dorsett, and the same Recommended by letters 
from the Earle of Bathe Lord Leiuetenant of the County of 
Devon, by which Petition their Lordshipps are informed that 
the ffisshermen of the sayd Ports having allwayes heretofore 
accustomed vpon their ArrivaU in New found land, to make 
their owne Choise of places fitt for making their ffishe, and 
after their fisshing to leave suche Salt, Caske, and other 
provisions as they could not bring away, as also their Boates, 
vntiU the next yeare following, are now by those of the New 
Plantation there resiant put from sondry of their Places, 
vnder pretence of a Charter graunted by his Majesty and greate 
quantityes of their Salte, Caske and other Provisions taken 
away, with diverse other wronges and abuses offered vnto 
them, as by their Petition more at large will appeare. Their 
Lordshipps well vnderstanding the singular importance of 
that Newfound land fishing vnto the westerne parts of this 



22 ACTS OK TIIK I Ml IVY COUNCIL (COLONIAL). [1618. 

Kii\ji;(loiiio, l)oing a priticipall Nursery and meanes to increase 
Mariiiors and Njivi!.,'jit.i(iii, and a greate Maintenance to an 
infinite numlnT ol liiw [Vlaj(^'^tio8 Subiectes inhabiting in that 
part of tlie Roabiic, me pleased to take the reformation of 
the sa yd Greevanoes into thoir honorable Care and consideration. 
And for that it is fitt that the New found land Company should 
be first heard what they can answer vnto the Complaints 
conteyned in the Petition afore mentioned, It is ordered by 
the Boord, that Sir Thomas Edmondes knight Treasorer 
and Sir Henry Carew knight Comptroller of his Majesties 
most honorable Howsholde, Mr. Secretary Naunton, Mr. 
Chauncellor of the Exchequer and Sir Edward Coke or any 
three or more of them, shall call before them some of the 
Company of the Newfound land plantatyon resiant heere in 
London, as also the party that solliciteth the Cause in the 
behalfe of the westeme Ports. And informing themselues as 
in their discretion shall seeme good, of the truthe of the 
particulars suggested in the Petition, to make Reporte vnto 
the Boord of their opinions touching the same. As also what 
in their Judgments they thinck meete for establishing some 
such settled order and course for the time to come, as that 
the petitioners may peaceably proceede in their ffishing, as 
in former times they haue done, without preiudice to the 
plantation or interruption from them. [jyp. 10-11.] 

[32.] Whitehall, 30 November : 

(^.^.j^^^ [An open warrant for James Stringer, prisoner in Newgate, 

transported, to be sent over and disposed of by Sir Thomas Smyth into 

Virginia and other foreign peirts.] [p. 53. last %] 

[33.] ^Tiitehall, on Sonday aftemoone, 13 December : 
Present: — Lord Archbishop of Canterburie, Lord Chancellor, 
Lord M. Hamilton, Lord Bishop of Elie, Lord Bininge, Mr. 
Treasurer, Mr. Secretary Xaunton, 3Ir. Chancellor, Master of 
the RoUes. 

Newfound Whereas Diners articles of greevances haue ben ofEred to 

this Boarde by way of petition from the westeme partes of 
this Kingdome, touchinge those of the Plantation in Newfound- 



1618-19.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 23 

launde. Wherewith the Governors of that Plantation beinge 
made acquainted, did retorne aunsweare in writeinge there- 
vnto. All which beinge Duly considerred of, fforasmuch as 
it appeareth that his Majestie in his Pj-incely care and proui- 
dence, was graciously pleased to prouide by his letters patentes 
for the settlinge of that Plantation that there bee saued, and 
reserved vnto all manner of persons of what Nation soever, 
and allsoe to all and every his lovinge Subiects, which doe 
or hereafter shall trade, or voyage to the partes of Newfounde 
launde for ffishinge, all and singular liberties, powers, ease- 
ments, and other benefitts whatsoever, as well conoerninge 
their said ffishinge, as all other circumstances and incidents 
therevnto, in as large and ample manner, as they haue 
heretofore vsed, and enioyed the same, without anie Impeach- 
ment disturbance or exaction anie thinge in that Patent to 
the contrary notwithstaundinge It is held very iust, and 
expedient, and accordingly orderred, that 'the said prouisoe 
bee duly, and punctually observed. And that neither the 
Governors here, nor such as are resideinge in that Plantation 
doe direct or attempt anie thinge in that place, contrary to 
the said Prouisoe or anie parte of the same, to the disadvantage 
of the ffishinge vpon that Coast, vpon such punishment, as 
shalbe thought fitt to bee inflicted vpon offenders in that 
kinde. [p. 58.] 

[34.] Whitehall, 7 March: 

Vpon Complaint made by Roger North esqr. on the behalf e Guiane. 
of himself, and divers Noblemen, and gentlemen of quallity, 
That whereas it pleased his Majestie by Letters Pattentes bearing 
date the 28 of August in the eleventh yeare of his Majesties 
Raigne to graunt vnto Capten Harecourt that parte of Guiana, 
or Continent of America that Lyeth betweene the River of the 
Amazones, and the River Desequebe contayning 300 Leagues 
vpon the Sea Coast, and inwarde into the Lande without 
Lymittation ; The said Capten Harecourt hath not hitherto 
proceeded in any Plantation there according to the intent 
of that Graunt, but withall hath refused reasonable and honest 



24 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1619. 

Conditions offerred vnto him from the petitioners for the 
Plantation thereof to the greate preiudice of his Majesties 
Seruice in those partes. It is this Day orderred that the Lord 
Archbishop of Canterbury, Lord Stewarde of his Majesties 
Houshold, the Earle of Arundell, the Lord Digbie, Mr. 
Comptroller of his Majesties Houshold, and Mr. Chancellor 
of the Exchequer or any fowre of them, calhng both parties 
before them, shall vpon hearing of the Cause settle such 
a Course therein as shalbe most expedient for his Majesties 
Seruice. [p. 124. ^ 1.] 

[35.] WhitehaU, 14 March : 

Guiana. The busines concerning the Plantation of the Country 

lying vpon the River of the Amazons in the West Indies being 
this day heard at the Boarde, [the patent formerly granted 
to Captain Harcourt was referred to Sir Juhus Caesar and Sir 
Edward Coke, to be perused and looked into]. 

IV- 13L II 1.] 

[36.] Whitehall, 16 March : Present : — Lord Archbishop 

of Canterbury, Lord Chamberlen, Earl of Arundell, Lord 

Bishop Winton, Lord Digbie, Mr. Treasurer, Mr. Comptroller, 

Mr. Secretary Naunton, Master of the RoUes, Sir Edwarde Coke. 

Guiana. Vpon retorne of the report from the Master of the Roles, 

and Sir Edward Coke concerninge the Plantation of that 
parte of Guiana lyinge vpon the Riuer of the Amazons in the 
West Indies : It was orderred that the Patent formerly graunted 
to Capt. Hareoourt should bee called in, and Comissions of 
Discouery graunted to him, and Capt. North to bee drawen 
vp by the advise, and Direction of the Master of the RoUes, and 
Sir Ed. Coke, And vpon their proceedings, and Discoueries vpon 
those Comissions further order may be taken as shalbe found 
requisite. [p. 133. last \'] 

[37.] * , 18 April: Present :— Lord Archbishop of 

Canterbury, Lord Chancellor, Lord Priuy Seale, Lord Stewarde, 
Lord Chamberlen, Earl of ArundeU, Lord Viscount Walling- 

* The Itegister leaves it doubtful where this meeting was held. 



1619.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 25 

forde, Lord Bishop of Winchester, Lord Carew, Lord Digbie, 
Mr. Treasurer, Sir Edward Coke. 

A letter to Sir Thomas Couentree knight his Majesties Guiana. 
Sollicitor generall. fforasmuch as our very good Lordes the 
Lord Duke of Lenox, and the Earle of Arundell, and Roger 
North esqr. haue found out and discouered meanes by 
Shipping, and are very desirous to vndertake Journeys by Ship- 
ping vnto the River of the Amazons in America, and into the 
Countries Lying thereaboutes (being inhabited with Heathen 
and sauage people, that haue no knowledg of any Christean 
Religion for the saluation of their Soules, and that are "not 
vnder the Gouerment of any Christian Prince, or State). As 
well for the conversion of them to the Christian ffaith, and 
for a further Discouery into those Countries. As for setthng 
a Trade and Traficke with them for some Comodities and 
Marchandises which are found necessary for the Subiectes of 
our kingdomes and Domynions. Wee haueing had Con- 
sideration hereof by his Majesties Direction, hold it very 
necessary for the furtherance of this intended Worke. That 
the said Lordes and such othrs as they shall sufierr to be 
Adventurers with them be incorporated as is vsuaU in 
Like cases. And therefore wee pray and require you to 
prepare a BiU ready for his Highnes Signiture to that purpose, 
whereby they may haue as Large power, and priviledges for 
carrying over of Shipps, Men, Munition, and Armour, and 
doeing of other thinges necessary for their Voyages, and 
settling of their Company or otherwise as haue ben graunted 
to any others heretofore vpon Like Vndertakinges and Dis- 
coueries with such further priviledges as you shall thinke 
fitt And that the places where they shall haue their Plantation 
or vse their Trade, and trafficke shaU extend from the River 
of Wyapoco to fine Degrees of Southerly Latitude, from any 
parte or Braunch of the River of Amazons otherwise called 
Orehana and for Longitude into the Lande to be Lymitted from 
Sea to Sea fEor which this shalbe your warrant. 

b- 158. H 2. 1 



26 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1619. 



Sir Walter 
Raleigh. 



Ouiana. 



[38.] Greenwich, 23 May : Present : — Lord Archbishop of 
Canterbury, Lord Marq. Hamileton, Lord Chamberlen, Earl 
of Arundell, Earl of Southampton, Lord Viscount Wallingford, 
Lord Bishop Winton, Lord Digbie, Mr. Treasurer, Mr. Comp- 
troller, Mr. Secretary Naunton, Mr. Secretary Caluert, Master 
of the Rolles, Sir Edward Coke. 

A Letter to the Lord Carew. Whereas the Earle of 
Huntingdon, did, at the instance and request of some freindes 
lend vnto Sir Walter Raleigh in his Late Voyage to Guiana 
two greate cast Pieces of Ordinance of Brass to be restored 
backe to his Lordship at Sir Walter Raleighs retourne And 
that his Lordship is an humble suitor that the same being 
now mounted, and disposed in one of his Majesties Shipps 
may be dehuered vnto him accordingly, fforasmuch as Sir 
Walter Rahegh by a Letter written vnto vs a little before his 
Death did acknowledg those two Pieces to belong to the Earl 
of Huntingdon. Wee haue thought good hereby to pray 
your Lordship to give order, that those two said Pieces of Brasse 
Ordinance be dehuered vnto such as his Lordship shall 
appointe and authorize to receive the same, ffor which this 
shalbe your warrant. [p. 199. ^ 3.] 

[39.] Star Chamber, 13 June : Present : — Lord Archbishop 
of Canterbury, Lord Chancellor, Lord Priuy Scale, Lord 
Steward, Lord Viscount Wallingford, Lord Zouch, Lord 
Carew. 

A Letter to Mr. SoUicitor. Whereas his Majestic hath ben 
graciously pleased at the humble Suite of divers of the NobiQity 
and other principall gentlemen to give way to a Plantation 
vpon 'the River of the Amazones in the West Indies : To 
which purpose there is a Comission of Priuiledge to be graunted, 
and prepared ready for his Majesties royall Signiture. These 
shalbe to pray and require you to prepare and make readie 
the said graunt, with as many PriuUedges and Immunities, 
as are contayned in a Graunt formerly made to Capt. 
Harecourt of some of those partes, Saucing only, that in this 
Graunt now in hand, there be noe tyme given by way of fauor 



1619.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 27 

to exempt the Comodities brought from thence from Custome 
dutie : But that they pay Custome for all such Comodities as 
shalbe brought from thence : His Majestie being gratiously 
pleased to forbeare the Impositions due vpon the same, 
ffor which this shalbe vnto you sufficient warrant. 

Vp. 218. TI 1.] 

[40.] Hampton Court, 28 September : 

A Letter to the Justices of peace of the Countie of Middlesex. Tobacco. 
Information hath ben made to his Majestie That the Gardens, 
yardes, and such like places in and aboute the Skirtes and Con- 
fynes of London, that haue heretofore ben vsed for settinge 
of rootes, herbes, and other necessary provisions of foode, to 
the greate benefitt of the poorer sort of people, doe nowe of 
late begin to bee soe generally taken vp at hiegh rates, and 
imployed for plantinge of Tobacco as is like to proue very 
preiudiciall, and of ill consequence, in Looseinge the good, 
and vsefull fruits, which those grounds formerly produced : 
ffor the preventinge whereof wee haue thought it expedient to 
giue you notice of this information, and withaU to pray and 
require you to take order for the restraint of this growinge 
evill, by prohibitinge the plantinge of anie Tobacco in anie 
place neere the Citties of London or Westminster reservinge 
the Soyle, and groundes there for such necessary vses as for- 
merly was accustomed, and limitinge the Tobacco-Owners to 
places further of and such as may bee without the inconveni- 
ences before mentionned : Which you are to see accord- 
ingly performed. \jp. 289. last ^.] 

[41.] Star Chamber, 6 December: 

A Letter to Abraham Jacob esqr. fiorasmuch as the Tobacco, 
detayning of a parcel! of Tobacco belonging to the Treasurer, 
Councell and Company for Virginia amounting to Twenty 
Thousand pound waight, and brought home in a Shipp retourned 
from thence in June Last vpon a question of payment of some 
duties which the said Company doe pretende not to be lyable 
vnto; is very preiudicall and hurtfuU to the said Company 



28 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1619-20. 

aswell by the decay of that Comodity as it now lyeth as 
otherwise by discouraging the Adventurers speciaUy at thia 
tyme, that the Plantation groweth so well on to perfection : 
Wee haue thought it very expedient peremptorily to require 
and comaund you to dehuer as well that parcell of twenty 
Thousand pound waight retoumed in June Last, and now in 
the Custom house as alsoe any other quantity of Tobacco 
which shalbe shortely imported from the Summer Islandes, 
and is now daylie expected to arriue here vnto the Treasurer 
and Company for Virginia : Whoe haue submitted them- 
selues to pay such duties vnto you for the foresaid quantities 
of Tobacco as shalbe adiudged by vs to be due vnto you in 
Justice Soe as you need not doubt but you shall haue and 
enioye what soever is due vnto you according to the tenor 
and true intent of Your Letters Pattentes. [p. 358. ^ 1.] 

[42.] Whitehall, 31 January : Present : — Lord Archbishop 
of Canterbury, Lord Chancellor, Lord Priuy Scale, Earl of 
ArundeU, Earl of Southampton, Lord Carew, Lord Digbie, 
Mr. Treasurer, Mr. Comptroller, Mr. Secretary Naunton, Mr. 
Chancellor, Master of^the RoUes, Master. of the Wardes. 

Virginia. Whereas wee are informed that the Citty of London hath 

by an Act of Comon Councell appointed one hundred Children 
out of the Multitudes that swarme in that place, to be sent 
to Virginia there to be bound apprentices for certaine yeares, 
with very benificall Conditions for them afterwardes : And 
haue moreover yeUded to a Leauy of five hundred poundes 
for the apparrelling of those Children, and towardes the charge 
of their transportation : Wherein as the Citty deserueth 
thankes, and Comendations, for redeemeing so many poore 
Soules from mysery, and ruyne, and putting them in a Con- 
dition of vse and Seruice to the State : Soe forasmuch as 
Information is Likewise made : That among that nomber 
there are divers vnwilling to be carryed thither : And that it 
is conceived that both the Citty wanteth authority to deliuer, 
and the Virginia Company to receive, and carry out theis 
persons against their Wills. Wee haue thought meete for the 



1620.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 29 

better furtherance of so good a Worke, hereby to authorize 
and require, as weU such of the Citty as take Charge of that 
Seruice as the Virginia Company or any of them to dehuer, 
receive and transports into Virginia all and every the foresaid 
Children as shalbe most expedient And if any of them shalbe 
found obstinat to resist or otherwise to disobey such direc- 
tions as shalbe given in this behalf : Wee doe likewise hereby 
authorize such as shall haue the Charge of this Seruice to 
Imprison, punish, and dispose any of those Children vpon any 
disorder by them or any of them comitted, as cause shall 
require : And so to Shipp them out for Virginia, with as much 
expedition as may stand with conveniencie. ffor which this 
shall be vnto all persons whom the same may any way 
concerne a sufficient warrant. [p. 400. ^2.] 

[43.] Star Chamber, 14 February : 

Vpon a Proposition made, and a Booke this day delivered Newfound 
to the Boarde by Captaine Whitborne for a Plantation in 
Newfoundland, to the benifitt of the ffishing there and the 
good of his Majesties Subiectes otherewise. It is orderred 
that the Earle of Arundell, the Lord Carew, the Lord Digbie, 
Mr. Treasurer and Mr. Comptroller of his Majesties Houshold, 
Mr. Secretary Naunton, Mr. Secretary Caluert, and the Master 
of the Wardes or any foure of them shall take as well that 
Proposition and Booke as what is likewise offerred by Mr. Guy 
of BristoU and others in that behalf, into their serious con- 
sideration, and vpon Conference with such persons as they 
shall thinke fitt to call before them, and due Information of 
the Condition of that Country and the benifitt of a Plantation 
there, to make Reporte to the Boarde of their opinions, and 
what course shalbe most requisite for estabhshing that 
Plantation in case the same be found fitt to be entertayned, 
and proceeded in. [p- 425. 

[44.] Whitehall, 21 February : 

[A letter to Lord Carew, similar to 38 with the additional Sir Walter 
details that the guns were sakers cast in Queen Mary's time, * ^'^ ' 



V^irginia. 



Newfound- 
land. 



30 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1620. 

weighing respectively 1524 and 1527 pounds, and that they 
were then in the ship Destiny at Rochester. The order, 
however, is struck out, and " vacat " appears in the margin. 
Yet underneath this cancellation appears the further note : — 
" This letter was renewed mutatis mutandis the 20th of 
December, 1621 " — a date on which there is no corresponding 
entry.J [p. 428. last \] 

[45.] Whitehall, 25 February : 

This Day Sir Edwin Sands, Gouemor, and others of the 
Virginia Companie represented vnto the Boord ; That whereas 
a Shipp called the Treasurer, sent out to the West Indies, at 
such tyme as Captaine Argall, was Gouemor of Virginia, 
had committed offence against the Spaniard, And that by 
pubhque letters from that Colonic, that Act was by them 
disavowed. So likewise the Councell and Companie of Virginia 
heere, ioined in the vtter disclayming of the same, of which 
especiaUe care of theirs, to giue vnto his majesties freinds and 
AUies no offence, their lordships gaue good allowance and 
approbation. It appeared also by a letter produced at the 
Boord, That the Spanish Agent heere residing, had receaued 
satisfaction, for the offence aforesaid. [p. 433. last \] 

[46.] Whitehall, 18 March : Present : — Lord Archbishop 
of Canterbury, Lord Chancellor, Earl of Arundell, Lord 
Bishop Winton, Lord Digbie, Mr. Treasurer, Mr. Secretary 
Naunton, Mr. Chancellor, Master of the RoUes, Sir Edw. 
Coke, Master of the Wards. 

Letters of the tenor following. Whereas wee haue ben 
given to vnderstand of many disorders, and abuses comitted of 
Late, and specially the Last yeare betweene such as reside in 
the Plantation in Newfoundland, and those that frequent 
the fishing vpon that Coast, to the greate preiudice, Losse, and 
discouragment of both parties ffor prevention whereof for 
the future : As wee haue given directions and commaund to 
the Governors of the Plantation in that behalf : Soe wee do 
hereby will and require you to give charge and comaund in 



1620.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 31 

our names to the Maisters and Companies of such Shipps as 
are or shalbe bound from that Porte or any the Members 
thereof, for the ffishing voyage to Newfoundland : That they 
doe not only forbeare aU Actes of hostiUitie and such other 
disorders as heretofore haue ben comitted there : but also to 
entertaine all freindly amy tie, and correspondence with those 
of the Plantation : The rather for that the furtherance and 
Settlement thereof is like to proue many waies commodious 
and benificiall to their ffishing vpon that Coast Hereof they 
may in no waies faile assuring themselues, that there wilbe 
a strict accompt taken of any thinge they shall presume to 
doe to the Contrary. 

Maior of Poole. Maior of Plimouth. 

Maior of Southampton. Maior of BristoU. 

Maior of Dartmouth. Maior of Barnstable. 

[p. 453. last ^.] 

[47.] Whitehall, 4 April : Present : — Lord Archbishop of 
Canterbury, Lord Chancellor, Lord Steward, Lord Marquis 
Hamilton, Lord Chamberlain, Earle of Arundell, Lord Viscount 
Doncaster, Lord Bishop of Winchester, Lord Digbie, Mr. 
Treasurer, Mr. Comptroler, Mr. Secretary Naunton, Mr. 
Secretary Caluert, Mr. Chancellor Exchequer, Master of the 
Holies, Master of the Wards. 

This Day the Count of Gondamar Ambassador for the Guiana. 
King of Spayne had audience atfc the Board, where he repre- 
sented vnto their Lordshipps, That he was informed, that 
Captaine Roger North (of whom he spake verie honorablie) 
intended a voyage to the river of Amazons, with purpose to 
make Conquest in that place, fforasmuch as it appeared to 
the said Ambassador, that his Maister the King of Spayne, had 
as iust title to the river of the Amazons, and the whole Tract 
thereaboutes as to any other of his Kingdomes, he required 
in his Masters name, that stay might be made of that Shipp 
or Shipps now bound for those partes vnder the conduct of 
Capteine North, vntill he by an expresse Currier might make 
signification thereof into Spaine, and from thence receiue 



32 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1620. 

the reasons of the pretences and Claymes of the king his 
Maister to those partes, which he promised to performe with 
aU possible speede : whereunto their Lordshipps (after they 
had acknowledged that he had propounded the matter with 
great discretion and moderation) made him againe this answere, 
That the Board conceiued it to be a matter of great importance 
and consequence, not yet readie for a mature answere, That 
his Lordshipp would in the meane tyme take notice, that it 
was not a trafficke new begunne and erected, but vpheld and 
contynued by this voyage, And lastlie, that his Lordshipp 
would be pleased to exhibite his proposition in writing, with 
the reasons that he was instructed in, of the King his Masters 
clayme, To which he replyed that although he could not 
amphe doe it, Yet he would endeavor to giue their Lordshipps 
satisfaction in the best manner he was able. 

[f. 469. H 1.] 



[48.] Whitehall, 5 April: 
Tobacco. rpj^ig (Jay Sir Thomas Rowe Mr. Leate, Mr. Caning and 

other marchantes presented themselues with their petition 
(which was referred by his Majestic to the Board to obtaine a 
Patent for seaven yeares for the sole importation of Tobacco 
paying an annuall rent aboue the former increase of six 
pence in the pownd, of ten thowsande powndes besides 
defalcations with conditional! offer to straine themselues to a 
higher rate. 

fforasmuch as it appeared, that many other gentlemen and 
marchantes of goode qualitie had interest in this buisines, 
against which no pregnant obiections were produced, and was 
therefore conceaued to bee worthie of further deliberation. 
Their lordships were pleased to differ it, vntill Saterday morning 
next, against which tyme. Sir Thomas Rowe and the rest were 
to deliberate vpon the answearing of such obiections as might 
arise, either from the Spanish Ambassador or the marchantes 
trading into Spaine or from the westerne or out Ports of this 
Kingdome or from the duch and french or lastUe from the 



1620.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 33 

Retailers of Tobacco. As also to provide against the indamaging 
of the Virginia or Bermiida plantations, by the desiered Patent 
of the sole importation. [p. 471. ^ 2.] 

[49.] Whitehall. 10 April : Present : — Lord Archbishopp 
of Canterburie, Lord Chancellor, Lord Chamberlaine, Earl of 
Arundell, Lord Viscount Doncaster, Lord Digbie, Mr. 
Secretarie Nanton, Mr. Secretarie Calvert, Mr. Chancellor of 
the Exchequer, Master of the RoUes, Master of the Wards. 

Vpon hearing of the proposition touching Tobacco exhibited Tobacco. 
by the marchantes togither with the reasons and answeres to 
the obiections of the contrarie part, and upon due consideration 
of that, which is done by other kings abroad, and of that which 
hath bin done by his Majestic by forbiding the inland" plan- 
tation to his own subiectes. Their Lordships do conceiue. It 
may bee fitt for his Majestic to aUowe the sole importation ; 
Provided that the Proclamation may bee so penned, as may 
take away the feare of President, And that the valewe which 
shall arise to the King bee worth the alteration. 

Neuerthelesse whether there may bee any other way to raise 
profitt to the king, then by the sole importation, and what 
the bargaine it self shalbe and the conditions is referred to 
further consultation. [p. 475. last ^.] 

[50.] , 11 April: Present: — Lord Archbishop of 

Canterburie, Lord Chancellor, Earl of Arundell, Lord Digbie, 
Mr. Controlleur, Lord Steward, Earl of Kellie, Mr. Treasurer, 
Mr. Secretarie Caluert, Master of the RoUes. 

A Letter to Sir Thomas Smith. Whereas his Majestie hath Bermudas. 
now vnder his pardon many condemned persons of both 
sexes, And out of his singular mercie is graciouslie incljmcd 
rather to send them to some forrayne plantation, and more 
particularly for the Sommer Islandes, then here to suffer the 
law to take the forfaiture of their Lines, These are therefore 
to lett you know, that his Majestie not doubting of your 
zeale and good affection vnto any service that may concerne 
him or the Commonwealth, hath directed vs to require you 
as from himself e to take presently into your care, the trans- 
portation of some 20 of them, either all women, or 10 men, 



34 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1620. 

and 10 women as you shall best approoue vnto the 
said Islandes who shall accordingly with warrant from this 
Board for their transportation, by vertue of a Commission 
dormant vnder the great Seale sent vnto you so soone as wee 
shall vnderstand that you are ready to receiue them. 

[p. 476. H 1.] 

[51.] , 11 April: Present: — Lord Archbishop of 

Canterburie, Lord Chancellor, Earl of Arundell, Lord Digbie, 
Mr. ControUeur, Lord Steward, Earl of Kellie, Mr. Treasurer^ 
Mr. Secretarie Caluert, Master of the Rolles, Mr. Secretary 
Nanton, Mr. Chancellor of the Exchequer. 
Newfound- Vpon reference from the Kinges Majestic there was 
exhibited this day vnto the Board, the petition of the Treasurer 
and company of the newfoundland plantation, to this effect, 
That whereas for the better overcomming of the difi&culties 
of that plantation, And to the end that some of thewoodlandes 
might with lesse charge be converted into pasture and arable, 
as also that the Colony might be sett on worke the whole 
yeare, whereas the fishing lasted but for three Moneths, 
fforasmuch as the Treasurer and Companie intended to sett 
vpp jrron workes in that plantation, And that hitherto they 
haue not found any yron mynes in that land, they might 
obtayne leaue to transport thither the materialls to make barre 
yron, as jTon oare, stone and cinders as also the instrumentes 
for that worke, that thereby they might be incouraged to gee 
on in their purpose of erecting jrron workes in that plantation. 
Their Lordshipps were pleased to grant them liberty of trans- 
porting yearely from the date of this order one Thousand 
Tunne of the materialls specified, and the instrumentes agree- 
able to that proportion. Provided that they should convert 
the said Oare into barre yron, and not to abuse their lord- 
shipps grant by casting it into any kind of Ordynance what- 
soeuer, ffor which they are before the transportation to giue 
such sufficient security as shalbe approoued by the Board, 
Of all which the Commissioners of the Treasurie are prayed 
hereby to take notice, and to giue order accordingly to the 
Portes to suffer the transportation of the said proportion. 

[p. 477. last %] 



1620.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 35 

[52.] , 11 April: Present :— Lord Archbishop of 

Canterburie, Lord Chancellor, Earl of Arundell, Lord Digbie, 
Mr. Controlleur, Lord Steward, Earl of Kellie, Mr. Treasurer, 
Mr. Secretarie Caluert, Master of the Rolles, Mr. Secretary 
Nanton, Mr. Chancellor of the Exchequer. 

Vpon a petition this day exhibited to the Board by the Ladie Lady 
Rawleigh, wherein shee shewed that having procured a privie ^^l^igl^- 
Seale from his Majestic (no other person being named therein) 
that the Lordes of the Treasurie should agree with her for her 
shipp called the Destinie . . . And that one Mr. Herbert 
hath since that tyme made clayme to the fourth part of this her 
portion which shee thinketh is not due vnto him att all, or if it 
bee, yet shee offereth to prooue that it is not payable by 
her. It was therefore thought fitt that after assignation made 
of the summe due by privy Seale . . three fourths 

of it should be allotted to the Ladie Rawleigh and the other 
part be deposited vntill it doe appeare vnto Mr. Chancellor 
of the Exchequer, the Master of the RoUes, and Sir Edward 
Coke (to whom this busines was formerly referred by the 
Board), whether the Ladie Rawleigh bee in right to pay the 
money demanded by Mr. Herbert out of the portion assigned 
to her, or not. [p. 478. ^J 1]. 

[53.] Whitehall, 25 April : 

[With reference to the Order of 1 1 April for the impor- Newfound- 
tation of ixon ore into Newfoundland], This day their lordships 
were pleased to giue order that a bond of 2,000Z. should bee 
accepted of for that purpose to bee taken to his majesties vse 
by the Clarke of the Councell attendant which was performed 
accordingly. [p. 482. 1| 2.] 

[54.] WhitehaU, 7 May: 

A letter to the Lord Deputy of Ireland. Whereas Captaine Captain 
Roger North is of late gone out of the Port of Plymouth in a North. 
shippe bound for the River of Amazons in the West Indies, 
without Lycence or leave from His Majestic or the State here 
and contrary to his Majestys Commandment, [and whereas 
it is probable that he wiU touch at some Irish port, he is, if 



36 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1620. 

so, to be captured and] safely conveyed unto us, and his 
shipe or ships soo bestowed as they may be safe without 
further proceeding in that voyage. [p. 487. last %] 

[55.] Whitehall, 7 May : 
Captain Whereas Captaine Koger North is lately gonn out from 

North. the Port of Plimouth in a Shipp bound for the River of the 

Amazons in the West Indies, contrary to his Majesties 
expresse pleasure, and Comaundement signifyed vnto him by 
a Secretarie of State. And that it is thought fitt, and 
requisite, that the Comission formerly graunted forth Concerning 
the voyage and Plantation in the Countrey vpon the foresaid 
River bee called in. It is this day ordred that Sir Clement 
Edmonds knight Clerke of the Councell attendant, doe forth- 
with repare to the Earle of Warwick, in whose custodie, it is 
conceaued, the said Comission is nowe remayneing and doe 
pray and require his lordship in his Majesties name, to dehuer 
the same vnto him which hee is to bring to their Uordships 
to bee disposed of as his Majestic shall please to Direct. 

[p. 488 U 1.] 

[56.] Ibid. 
Captain A Letter to the Lord Marquis Buckingham, Lord hiegh 

North Admirall of England. [In view of Captain North's unauthorised 

departure for Guiana], Theis shalbe to pray your Lordship to 
take speciall order that all Shippes hereafter outward bound may 
haue Direction, and Commaundement. That if they meets 
with the said Captaine North, and his Companie, they appre- 
hend and take him, and his Shipp (if they bee able) and to 
bring him back into this Kingdome to aunsweare his said 
Contempt. Or otherwise if they shall not find themselues of 
sufficient streingth to bring him in, that then they commaund 
him in his Majesties name and vpon his AUegeance; to deUuer 
vp vnto them the Comission hee hath for the said voyage to 
the River of the Amazons, and to commaund him to desist 
from anie further prosecution of the same, but ymediatly to 
retorne to Englaunde : And lastly that noe Shipp doe assist 
him or convay vnto him either victuaU, or anie other prouision, 
as they will aunsweare the contrary Hereof wee pray your 
Lordship to haue a speciall care. [p. 488. ]f 2.] 



1620.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 37 

[57.] Star Chamber, 16 May : Present :— Lord Archbishop Captain 
of Canterbury, Lord Steward, Lord Chamberlen, Earl of .""f^^^ 
Arundell, Earl of Southampton, Lord Digbie, Mr. Treasurer, 
Mr. Secretary Naunton, Mr. Secretary Caluert, Mr. Chancellor. 

Letters of the tenor following directed to the persons 
vnder named. Whereas his Majestic taketh notice that you 
haue ben a fauorer and Assistant vnto Capten North now in 
his Voyage to the River of the Amazon?, as well by yeilding 
vnto him many Supplies, as by exchainging his Moneys, 
keepeing of his Accomptes and otherwise : And that wee 
hold it expedient seriously to admonish you not to medle 
any further in that busines for the future. These shalbe to 
will and require you and in his Majesties name straitly to 
charge and Comaund you upon your duty, and allegiance not 
to ayde or assist or by any waies or meanes directly or 
indirectly to furnish the said Capten or his Companie with any 
Supphe of Money Victuall or other prouision whatsoever as 
you will answere the Contrary at your vttermost perrill. 

Sir Edward Seimour, knight. Mr. Tuck. Robert Bateman. 
Jenninges. of Plymouth Marchant. Bagg Comptroller of 
the Porte of Plymouth. [p. 495. ]| 2.] 

[58.] Whitehall, 23 May : 

This day the Governor and Companie of Noblemen, and Guiana. 
Gentlemen of the Cittie of London : Adventurers in and about 
the Riuer of the Amazons vizt. the Earle of Rutlande, the 
Earl of Dorsett, the Earl of Warwick, the Lord Pagett, the 
Lord Peetre, Sir Thomas Somersett, Sir Edward Cecill, Sir 
Thomas Cheek, Sir WiUiam Haruie, Sir John Danuers, Sir 
WiUiam Cauendish, Sir Marmaduke Dorrell, Sir Francis Louett, 
Sir Francis Kinnaston, Sir Peregrine Bartie knightes and others, 
presenting themselues to the Boarde, made Surrender of their 
Charter; And Deliuered alsoe a letter of Attorney vnto Sir 
Clement Edmonds knight Gierke of the CounceU attendaunt, 
to acknowledge the said Surrender : which was accordingly 
acknowledged before the Lord Chancellor. And withaU the 



38 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1620. 

said Governor and Companie humbly prayed, That whereas 
they had humbly submitted themselues to his Majesties 
gracious pleasure and Commaunde in surrendring their saii 
Charter : their CounceU might attend hi? Majesties CounceU 
learned, for the draweinge vp of an Act of CounceU : whereby 
they may bee freed from anie Dainger of anie precedent Acts 
Donn by them by virtue of their said Charter, before the Sur- 
render of the same: which was thought fitt, and ordred 
accordingly. [P- ^05. 1j 2.] 

[59.] Whitehall, 23 July : Present :— Lord Chancellor, Lord 
P. Scale, Earl of Arundell, Lord Digbie, Mr. Secretary 
Naunton, Mr. Secretary Caluert, Master of the RoUes, Master 
of the Wards, Mr. Comptroller. 
Plymouth A Letter to Sir Thomas Couentrie knight his Majesties 

Company, gojijcitor generall. Whereas it is thought fitt that a Patent 
of Incorporation be graunted to the Adventurers of the 
Northerne Collonye in Virginia, to containe the hke Uberties, 
priviledges, power, authorities Landes and aU other thinges 
within their Lymittes, vizt. betweene the degrees of 40 and 
48 as were heretofore graunted to the Companie of Virginia : 
Excepting only that whereas the said Companie haue a freedome 
of Custome and Subsidie for xxj"" yeares and of Impositions 
for ever This new Company is to be free of Custome and 
Subsidie for the hke Tearme of yeares and of Impositions for 
so longe tyme as his Majestie shall please to graunt vnto 
them. These shalbe therefore to will and require you to 
prepare a Patent readie for his Majesties Royall Signiture to 
the purpose aforesaid leaueing a blancke for the tyme of 
fireedome from Impositions to be suppUed and put in by his 
Majestie ffor which this shalbe your warrant. [p. 574. ^f 2.] 

[60.] Ibid. 

Newfound- Whereas Capt. Wytborne hauinge spent much tyme in 
Newfoundland ; hath set downe in writinge divers obser- 
vations and noates, touchinge the state and Condition of that 
Plantation; which hee desireth may bee pubhshed, for the 



1620-1. J ACTS OP THE PRIVY COUNCIL (COLONIAL). 39 

fortherance and advansment of the said plantation; and to 
give incorragment to such as shall adventur therein. There 
llordships did give good approbation of his good indevor and 
purpasse. And ordered that accordinge to his desire hee 
should haue the printinge of that Booke ; with this forther 
addition of favor that the Booke soe printed bee recommended 
to the Lord Archbishop of Canterburie and the rest of the 
Lord Bishops, To bee distributed to the severall parishes of the 
Kingdom for the Incoridgment of such as shalbee wilUnge 
to assist that Plantation ether in there persons or otherwise. 

if. 578. Tf 2.] 

[61.] Whitehall, 6 January: 

A Warraunt to committ Captaine Roger North to the Tower Captain 
of London. [p. 661. Tj 4.] ^°'**^- 

[62.] Whitehall, 28 February : ^ 

A Letter to the Lieutennaunt of the Tower requireing him Captain 

„ . il North. 

to enlarge and sett at libertie the person of Captaine Roger 
North heretofore comitted prisonner to his charge. 

[p. 685. 1[ 3.] 



JAMES I. VOLUME V. (4 Mar. 1621—30 May 1623.) 
[63.] Whitehall, 4 March : Present :— Lord Archbishop of 
Canterburie, Lord Chancellor, Lord Treasurer, Lord Priuie 
Scale, Lord Stewarde, Lord Chamberlein, Earl of Arundell, 
Earl of Southampton, Earl of Kellie, Lord Viscount Doncaster, 
Lord Viscount Falklande, Mr. Treasurer, Mr. Secretarie Caluert, 
Mr. Chancellor of the Exchecquer, Sir Edwarde Coke, 
Master of the Wardes. 

Whereas his Majestic was moved at the instaunce of the Virginia 
Companie for the Plantation in Virginia to giue them lycence 
by Proclamation to sett forth, erect, and pubhsh Lottaries 
within this Kingdom^, for the rayseinge of moneis towards 



40 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1621, 

the advancement of that Plantation, and the rehefe of the 
Distressed Collonies there. And that Complaint hath hen 
made to his Majestic by the Commons House of Parlament 
of the great abuse of the said Lottaries, and the preiudice the 
Comonwealth hath thereby sustayned. His Majesties pleasure 
is, and accordingly it is this day ordred that the further 
execution of those Lottaries bee suspended. And forasmuch 
as the same were lycenced by Proclamation, it is thought 
fitt the Suspension bee Ukewise by Proclamation : which is to 
bee prepared and made readie for his Majesties Royall Signature 
accordingly. [P- H- If 2.] 

[64.] Whitehall, 12 April : 

Captain A Letter to the Lievtenant of the Tower to receive into his 

North. charge and keepeing the person of Capten Roger North to 

remayne prisoner there upon Comaund from his Majestie 

untill further order. [p. 30. ^ 3.] 

[65.] Whitehall, 18 June : Present : — Lord Archbishopp of 
Canterburie, Lord Treasurer, Lord Privie Seale, Lord Steward, 
Lord Admirall, Lord Chamberlaine, Earl of ArundeU, Lord 
Viscount Doncaster, Lord Viscount Falkland, Lord Carew, 
Mr. Secretarie Calvert, Mr. Chancellor of the Exchequer, 
Master of the RoUes, Master of the Wards, Mr. Deane of 
Westminster. 

New Whereas there was a petition exhibited vnto his Majestie 

in the name of the Pattentees and Adventurers in the Plan- 
tation of New-England concerning some difference betweene 
the Southerne and Northerne Colonies, the which petition 
was by his Majestie referred to the consideration of the Lords. 
Their Lordshipps vpon the hearing and debating of the matter 
att large and by the consent of both Colonies did estabhsh 
and confirme two former orders, the one bearing date the 
16th of March 1619 agreed vpon by the Duke of Lenox 
and the Earle of ArundeU (to whom the busines was referred 
by the Board) the other of the 21th of July 1620 ordered 
by the Board, whereby it was thought fitt, that the said 



1621.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 41 

Colonies should fish att Sea within the limitts and bounds of 
each other reciprocally, with this Umitation that it bee onely 
for the sustentation of the people of the Colonies there and 
for the transportation of people into either Colonic (as by the 
said order more att large appeareth) And further it was 
ordered att this present by their Lordshipps, That they should 
haue freedome of the Shore for drying of their nettes, and 
taking and saving of their fish, and to haue wood for their 
necessary vses, by the assignement of the Governors att 
reasonable rates. Lastly that the Patent of the northerne 
plantation shalbe renewed, according to the premises. And 
those of the Southerne plantation to haue a sight thereof 
before it be ingrossed, And the former Patent to be dehvered 
into the handes of the Pattentees. [p. 58. ]| 2.] 

[66.] Whitehall, 30 June : 

A Letter to Lord Archbishop of Canterburie. Whereas Newfound- 
Captaine Richard Whitbume of Bxmouth in the County of 
Devon gentleman having spent much time in Newfoundland 
(whither he hath made sundry voyages and some by expresse 
Commission) hath sett downe in writing divers good obser- 
vations and notes touching the state and condition of that 
Country and the plantation there, which being by order from 
vs now printed he desireth may be pubUshed throughout 
the kingdome for the furtherance and advancement of the 
said plantation, and to giue encouragement to such as shalbe 
willing to adventure therein and assist the same either in 
their persons or otherwise, to which wee thinke the publication 
of his booke may much conduce. As wee doe giue good 
approbation of his endeavoiirs and purpose, Soe haue wee 
thought fitt earnestly to recommend him vnto your Lordshipps 
good favour both for the distribution of his bookes within 
that Province of Canterbury vnto the severall parishes 
thereof. As also for your Lordshipps helpe and furtherance, 
That after his great travell and charges, wherein he hath 
spent much of his time and meanes (having formerly beene 
a Merchant of good estate) he might reape by your lordshipps 



42 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1621. 

assistance some profitt of his labors from such voluntarie 
contributions as shalbe willingly given and collected for him 
within the severall parish Churches of the said Province 
Which wilbe both a good encouragement to others in the like 
endeavours for the service of their Countrie, And not onely 
a reward to him for his said travell and charge, but also a 
helpe to repaire his estate much decayed by losses att sea. 
And soe recommending him earnestly to your lordshipps 
good favour, Wee bidd, &c. [p. 76. ^ 2.] 

Another letter of the same tenor mutatis mutandis to the 
Lord Archbishopp of Yorke. [p. 76. ^ 3.] 



[67.] Theobalds, 18 July : 
Captain A Letter to the Lieutenant of the Tower. Whereas his 

North. Majestie is graciously pleased to give order, that Capten Roger 

North now Prisoner vnder your charge in the Tower be 
inlarged and sett at hberty vpon Caution to be taken by the 
Judg of the Admiralty, that he shaU not hereafter any way 
prosecute his voyage and Adventure to the Riuer of the 
Amazons which Caution is already taken accordingly. These 
shalbe to will and require you to sett Capten North at liberty 
fEor which this shalbe your warrant. [p. 100. ^ 1.] 

[68.] Whitehall, 18 July : Present : — Lord Archbishop of 
Conterburie, Lord Keeper, Lord Tresorer, Lord Priuie Seale, 
Lord Steward, Earl Marshall, Lord Bishop of Winton, Lord 
Brook, Lord Cranfield, Mr. Tresurer, Mr. Secretarie Caluert, 
Master of the Rowles. 

Guiana. Vppon a petition exhibited to his Majestie by the Irish 

interressed in the Tobacco lately brought from the River of 
the Amazons, and referred to the Lord Heigh Treasurer of 
England, and now brought to be orderred by the Boarde, 
concerning an Imposition of Qd. vpon the pound demaunded 
by the ffarmors of Tobaccoe for Importation. Their llordships 
haueing had consideration thereof, doe see noe cause, where- 
fore any thing should be demaunded for any the Tobaccoe soe 



1621.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 43 

imported by way of Imposition, And doe therefore order, that 
the Lord Heigh Treasurer of England doe give present order 
to discharge the Tobaccoe out of the Custome House brought 
from the River of Amazons vpon the payment of his Majesties 
Custome for the same. [p. 102. last ^.] 

[69.] Whitehall, 27 July : 

The business concerning the Tobaccoe, and other goodes Guiana, 
brought from the River of the Amazons formerly orderred by 
this Boarde, was this day brought againe to their Uordships 
at the Instance of the ffarmors of the Impostes vpon 
Tobaccoe, And . . . . It is now finally orderred with 
consent of all parties. That the Lord Heigh Treasurer of 
England doe give order for the delivery aswell of the said 
Tobaccoe, as the other goodes brought from the River of the 
Amazons, paying besides the duties of Custome to his Majestic 
three pence vpon the pound by way of Impost And likewise 
to make defalcation of the other three pence vpon the pound 
vnto the ffarmors of the Impost. And withaU to prouide 
that what shalbe wanting of the Assignement made over 
to the Lord Digbie out of those Impostes be otherwise suppUed. 
And lastly it is orderred that such of the Irish or others as 
haue Interrest in this Tobaccoe or other goodes, shall not 
take any advantage against Captaine North, or any other 
of the late Adventurers to the Amazons for not performance 
of Articles formerly agreed on or vppon any other pretences 
concerning theis retoumes from thence. [p. 109. ]| 1.] 

[70.] At Sir ffrancis Jones his house Lord Maior of the 
Cittie of London, 30 July : 

Whereas the Vndertakers for the Importation of Tobaccoe, Tobacco, 
haue ben earnest Suitors to the Board that some speedie 
course may be taken for preventing the Importation of 
Tobaccoe brought in by connivancie and contrary to his 
Majesties Proclamation and other his Heighnes royall direc- 
tions, Nevertheles divers of his Majesties Subiectes and 
Straingers haue and doe presume to plant. Import, receive, 
buy and seU Tobaccoe, to the greate preiudice of the said 



44 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1621. 



" direction 
was given 
for this 
order by Mr. 
Secretary 
Caluert 
which 

remaynes in 
the handes 
of Sir 
Albertus 
Morton 
knight." 



Tobacco. 



Vndertakers. In regard whereof, it is this day orderred that 
the Lord Heigh Treasurer of England, doe presently graunte 
such Warrant and severall warrantes of Assistance in as full 
and ample manner as may be, for the preventing, and sup- 
pressing of the Importation and sale of all Tobaccoe, other 
then shalbe first imported and sould by the Vndertakers. 
And where they the said Vndertakers their Assignes or his 
Majesties officers or others shalbe with the assistance of a 
Constable or other officer refused to search, see, finde out, 
and to discover any Tobaccoe suspected to be brought in, or 
disposed of contrary to his Majesties Proclamation, that in 
such case the Constable or other officer shall or may breake 
vp any doore or locke in any House Shipp, or other place to 
search and see whether any such Tobaccoe be there or not, 
and with such other clauses and considerations as his 
Lordship shall thinke fitt. [p. 113. ^ 2.] 

[71.] Att Mr. Sheriffe Aliens house, 6 August : Present :— 
Lord Keeper, Lord Treasurer, Lord Brooke, Mr. Secretarie 
Calvert, Master of the Rolles. 

A letter to the Lord Mayor and Aldermen of the Citty of 
London. Whereas divers of his Majesties Subiectes as also 
Strangers haue presumed to plant Tobacco within this king- 
dome contrary to his Majesties Proclamation, and other his 
Royall Directions, to the hurt and preiudice of his subiectes 
and the high contempt of his Majesties RoyaU authority, 
His Majestie being resolved not to indure such a insolencie, 
but to lett those oifendors know what it is to contemne his 
Princely pleasiire, hath given vs directions by vertue whereof 
wee require your I^ordship &c to take present order, that all 
such Tobacco as is now planted, within the Citty and the 
liberties thereof may be viewed by your selues or some two 
or three of you att the least and sequestred into safe handes, 
taking such course that those that haue planted the same 
may neither make nor meddle therewith from henceforth vntill 
you receiue further order, for which this shalbe your 
warrant 



1621. J ACTS OF THE PRIVY COUNCIL (COLONIAL). 45 

ffoure other letters of the same tenor to the high Sheriff es 
and Justices of peace in the Counties of Kent, Essex, 
Middlesex, and Surrey with this difference, Wee require you 
to take present order that all such Tobacco as is now planted 
in the County of Etc [p. 117. Illj 1 and 2.] 

[72.] Hampton Court, 24 September : Present : — Lord 
Archbishop, Lord Keeper, Lord Treasurer, Lord Steward, 
Lord Brooke, Lord Cranfielde, Mr. Treasurer, Mr. Secretarie 
Caluert, Master of the Roles, Sir Richard Weston. 

A Letter to Sir Albert Moreton knight one of the Clerkes Captain 
of the Councell. Information is made vnto vs by the humble °^^ ' 
petition of Roger North esqr. that the Tobaccoe brought by 
him from the River of the Amazons belonging to his share, 
and nowe a long time detayned in the Custome house, 
touching some question, and differrence about the Custome and 
Impost due for the same, is by meanes thereof soe extreamely 
decayed, as the dutie of nyne pence in the pound demanded 
and insisted vpon by the ffarmors is esteemed to bee neere 
the full worth of the Tobaccoe, which if it bee true As it 
ought in all reason, and conscience to bee considered of by the 
ffarmors themselues and such abatement made as should 
bee reasonnable and iust : Soe wee haue thought meete hereby 
to authorize and require you, takeiage to your assistance 
such persons experienced in Tobaccoe as you shall thinke meete, 
to repare to the Custome House, and vpon view of the foresaid 
Tobaccoe, to certefie vs of the true state, value, and con- 
dition thereof that therevpon such further order may bee taken 
as shalbe meete. [p- 144. last ^.] 

[73.] Hampton Court, 26 September : 

A letter to the ffarmors of the Custome, and Impost vpon ^^'P^j^™ 
Tobaccoe. [Captain North having represented] that the 
Tobaccoe belounginge to his share, and not exceedeing 7,000 
waight or thereabouts, did lye there in the Custome House 
for waunt of meanes to satisfie the Custome, [and since Sir 



46 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1621. 

Albert Moreton] vpon view and tryaU thereof hatji certefyed 
vs that the state, and condition thereof is soe badd, as it is 
now of verie smale value, not exceedeing at the most, by the 
estimation of the parties that viewed it, twelue pence in the 
pound, which yet the said parties doe refuse to giue, or to 
haue anie dealeing at all with so badd a parceU. Vpon due 
consideration whereof as his Majestie thinketh it fitt both 
in honor and Justice to remitt his part : Soe it is expected 
that if the said Tobaccoe bee of soe base a quallitie you should 
discharge and dehuer the same to Captaine North by Bill 
of Stoare : whereof you are to inform yourselues, and to 
retome your aunsweare vnto vs by ffryday morneinge next. 

[V- 148. Tl 1.] 
[74.] , 28 September : Present : — Lord Arch- 
bishop, Lord Keeper, Lord Treasurer, Lord Stewarde, Earl 
Marshall, Lofd Viscount Falkland, Lord Bishop Winton, 
Lord Brooke, Lord Cranfield, Mr. Secretarie Caluert, Master 
of the Roles, Sir Rich. Weston. 

New A letter to the Mayor of Bristoll, Exeter, Plimouth, 

England. Dartmouth, Barnestable, and Waymouth, and to each of 
them, and to all Marchaunts, Owners of Shipps and other 
his Majesties Subiects to whom it shall or may appertains 

Whereas wee haue ben informed on the behah of the 
President, and Councell of New England, that although they 
by their Ordinances estabhshed by the authoritie of his 
Majesties Letters patents haue freely giuen way to anie 
marchaunts, or others to become Adventurers with them in 
their Trade and Plantation in those parts, soe as they submitt 
themselves to such convenient Orders as shalbe sett downe 
for the advancement of that Plantation, and more regular 
and free increase of pubhck Trade : notwithstaundinge there 
are some whoe haue alreadie attempted and are in further 
preparation to assume a Hbertie to themselues to trade, to 
the preiudice of the said Plantation, without respect to the 
said Government or Orders estabhshed for the pubhck good : 
which if it should bee toUerated in them, would not only bee 



1621.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 47 

a prejudice to the present Adventurers, who by their industrie 
haue discouered those remoate places, and with the hazard 
of the hves of their people, and expence of their Estates, haue 
layd the first foundation of soe honorable an Enterprize, but 
would alsoe bring a confusion to the said Plantation, and 
an overthrowe vnto that Trade, and bee likewise an vtter dis- 
couragement to all futiu-e endeavours of the like kind : Wee 
haue therefore thought fitt hereby to lett you knowe, and 
doe requiere you to signifie as much vnto such of his Majesties 
Subiects inhabiting neere vnto that Coast whom the same 
may concerne : That if anie person shal presume to attempt, 
or doe anie thing in that behalf contrarie to his Majesties 
said Graunt, hee is to expect noe les then the due execution 
thereof, and such further punishment as is fitt to bee inflicted 
vpon those that shall contemne his Majesties Royall authoritie 
neuertheles it is hereby intended and soe ordred, that the 
Agreement made by order of this Board betweene them of 
New England, and Virginia shall in all respects bee duly observed 
by either partie. [p. 148. last ^.] 

[75.] Whitehall, 10 October : 

Whereas Diego de Castro Cartesar a Spanish Gentleman Sir Walter 
did this dale make knowne to the Board (in the behalfe of ^^^^ 
Francisco Davila) that he had beene long depending vpon 
his Royall Majestie about the restitution of certaine goodes 
taken by Sir Walter Rawleigh in St. Thome of Guiana, 
. . shewing that in his Majesties Exchequer there is 
detained and arrested att his demand the summe of 7001. 
sterling being the fourth part belonging to Mr. Herbert one 
of Sir Walter Rawleighs Associattes which Mr. Herbert was 
to haue out of the shipp he went in and which he desired 
might be delivered vnto him . . . Their lordships did 
order. That the said Diego de Castro should be recommended to 
the Court of the Admiraltie to follow his cause there. . . . 

[p. 157. U 2.] 

[76.] Whitehall, 19 October : Present :— Lord Archbishop 
of Canterburie, Lord President, Earl Marshall, Mr. Secretarie 
Calvert, Master of the RoUes, Sir Richard Weston. 



Captain 
North. 



48 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1621. 

A Letter to the ffarmors of the Custome and Impost vpon 
Tobacco. Wee conceived that our late directions of the 
26th of September last for the discharge and deliverie of that 
parcell of Tobacco brought by Captaine Roger North from 
the River of Amazons would haue both freed this board from 
any further trouble, and him from further charge concerning 
that busines. But forasmuch as wee are informed by his 
humble petition that although you the customers haue yeelded 
to the remitting of M. vpon the pound being one halfe of 
the Custome, yet you insist vpon satisfaction for the other 
halfe As in Uke manner you the ffarmors of the Impost 
refuse to dispence with the other three pence vpon the pound 
due for your partes, although the Tobacco be now found and 
soe certified to vs to be of verie httle value Vpon consideration 
whereof as also of former directions from his Majestic and 
this Board, and of the Patent granted to the Adventurers for 
those partes, which though it be recalled, yet in divers good 
respectes it was intended they should inioy the benefitt thereof 
for this yeare in the point of exemption from the payment 
of Impost, Wee haue thought good hereby to lett you know 
that wee doe accordingly expect you should presently discharge 
and deliver vnto the said Captaine North the Tobacco 
belonging to his share and not exceeding 7000 waight or 
thereaboutes without custome or Impost to be paid or without 
any defalcation to be accounted vnto his Majestie for the 
same. \p. 166. ^I 1.] 



[77.] Whitehall, 24 October : Present : — Lord Archbishopp 
of Canterburie, Lord Keeper, Lord Treasurer, Lord President, 
Lord Carew, Mr. Treasurer, Mr. Secretarie Calvert, Master of 
the Rolles, Sir Richard Weston. 

Virginia. Whereas the kinges most excellent Majestic duely waighing 

in his princely Judgement the great advantages both of honor 
and profitt wiiich this Crowne and state might receiue from 
a setled and well ordered plantation in Virginia was graciously 
pleased for the better encouragement and furtherance of the 
undertakers therein to grant vnto them sundrie verie large 



1621.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 49 

immunities and priviledges, as not doubting but that they 
would apply themselues vnto such courses as might most 
firmely incorporate that plantation vnto this Commonwealth 
and be most benefioiall to the same, which will best be done 
if the Commodities brought from thence were appropriated 
vnto his Majesties subiectes, and not communicated to 
forraine Countries but by way of Trade and commerce from 
hence onely. fforasmuch as their lordshipps having beene 
informed that the said Vndertakers haue for private respectes 
setled their Magazin of Commodities to be brought from 
Virginia in a forraine Countrie which course in noe wise is to 
be suffered, neither in policie nor for the honor of the state 
(that being but a Colonic derived from hence) as also for that 
it may be a losse vnto his Majestic in his Customes, if not 
the hazarding of the Trade which in future times is well hoped 
may be of' much profitt vse and importance to this Common- 
wealth, Their Lordshipps for these and sundry other reasons 
of state, and vpon full hearing of the foresaid vndertakers 
now the second time called to the Board, thought fitt and 
accordingly ordered that from henceforth aU Tobacco and 
other commodities whatsoeuer to be brought and traded from 
the foresaid plantation shall not be carried into any forraine 
partes vntill the same haue beene first landed here and his 
Majesties Customes paid therefore. Neverthelesse for that 
the ffactors of the Merchantes now abroad cannot soe 
suddainely haue notice hereof, and that they may haue time 
to vent those commodities which att this present they may 
haue in forraine partes. Their lordshipps were pleased to 
respite the execution of this present order for foure Moneths, 
which time being expired their lordshipps pleasure is the 
same should be duely kept and observed. [p. 173. ]| 2.] 

[78.] Whitehall, 15 December: Present: — Lord Treasurer, 
Lord President, Lord Pr. Scale, Lord Steward, Earl Marshall, 
Lord Digbie, Mr. Secretarie Calvert. 

A letter to Sir Dudley Carleton knight his Majesties New 
Ambassador resident with the States of the United Provinces. 



50 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1621-22. 

Whereas his Majesties Subiectes haue many yeares since taken 
possession of the whole precinct and inhabited some partes 
of the North of Virginia (by vs called New-England) Of all 
which Countries his Majestic hath in like manner some yeares 
since by Patent granted the quiet and fuU possession vnto 
particular persons, Neverthelesse wee vnderstand that the 
yeare past the Hollanders haue entred vpon some part thereof, 
and there left a Colonie and given new names to the severall 
Portes appertaining to that part of the Countrie, And are now 
in a readines to send for their supply six or eight shipps. 
Whereof his Majestie being advertised, wee haue received his 
royall Commaundement to signifie his pleasure that you should 
represent these thinges vnto the States generall in his 
Majesties name (who iure primce occupationis hath good and 
sufficient Title to those partes) and require of them that as 
well those shipps as their further prosecution of that plan- 
tation may be presently stayed. [p. 209. ^ 3.] 

[C.S.P. I., p. 26.] 

[79.] , 17 February : Present : — ^Lord President, 

Marquis Hammilton, Earl Marshall, Earl Digbie, Mr. 
Secretarie Calvert. 

^ew A Letter to the Lord Carew Master of the Ordnance. 

Whereas it hath pleased his Majestie by his letters Paten tes 
granted vnto the President and Counsell of the plantation 
in New England among other Hberties and immunities 
therein mentioned to giue them free licence to transport 
munition and Ordnance for the necessarie defence of that 
Country fforasmuch as humble sute is now made vnto vs 
that licence may be granted vnto Thomas Weston Merchant 
of London one of the Aventurers for those partes to send 
over in the shipp called the Charitie of London of the burden 
of one hundred Tunne, whereof William Reynolds is Maister 
(or in any other shipp or shipps that hereafter shall goe for 
the said place) Thirty peeces of Iron Ordnance, namely fifteene 
demy Culveringes, waighing betweene thirty and thnty six 
hundred waight the peece, ten Sakers betweene twenty and 



1622.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 51 

twentie eight hundred the peece, and fine Minions betweene 
ffourteene and twenty hundred waight the peece : These are 
to pray and require your lordship that according to such 
cautions as are prescribed in certaine orders estabhshed about 
the exportation of Ordnance you permitt and suffer the trans- 
portation of the foresaid Thirty peeces of yron ordnance vnto 
the plantation in New-england in the manner abouesaid ffor 
which this shalbe your warrant. [p. 253. ^ 2.] 

[80.] Whitehall, 19 February: Present: — Lord President, 
Lord Chamberlaine, Lord Viscount Falkland, Lord Digbie, 
Lord Brooke, Mr. Secretarie Calvert, Master of the Rolles. 

A Letter to the Governor and the rest of the Barmuda Com- Bermudas. 
pany . Vpon the information of the Spanish Ambassador (a Copie 
whereof wee send you inclosed) wee haue taken notice of a 
Complaint concerning a wrong supposed to be done to the 
subiectes of his Maister the King of Spaine by some of your 
Company, £Eor satisfaction wherein he hath beene verie earnest 
and himselfe in person with vs att the Board Wee haue 
therefore thought good to referre the matter to you, Requiring 
you to take it into your serious consideration, and when 
you.haue weU waighed and examined the particulars mentioned 
in the said information to take such a course for restitution 
and satisfaction as may be answerable to the good friend- 
shipp and correspondencie betweene these two Crownes, soe 
as there be no iust cause of further complaint. 

[p. 252. 11 4.] 

[81.] Whitehall, 4 March : 

A passe for Captaine Diego Ruys de la Vega and two Bermudas. 
Negrowes, John Gomes Marin and his wife Donia Lucia with 
two other Negroes haueing sufferred Shippwracke neere the 
Island of Barmudoes were sent hither by the Governor there, 
and are now to take their Journey into Spaine and to carrie 
ouer with them such prouisions as they haue (not being 
prohibited) and are to be afforded fauor and assistance vpon 
all occasions for their more convenient passage. 

[p. 271. U 3.] 



52 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1622. 

[82.] Whitehall, 2 May : 

Virginia. [A warrant for the reprieve of] DanieU ffrank William 

Beare and John Ireland now Prisoners in the White lyon in 

Southwarke, [and for their transportation to Virginia, not 

to return without warrant.] [p. 342. ^ 1.] 



Bermudas, 



[83.] Whitehall, 8 May : Present : — Lord Keeper, Lord 
Treasurer, Lord President, Lord Priuy Scale, Lord Steward, 
Marquis Hamilton, Earl Marshall, Lord Viscount fEalkland, 
Lord Carew, Mr. Treasurer, Mr. Secretary Caluert, Master 
of the RoUes. 

Whereas Complainte hath ben made by Captaine Diego 
Ruiz de la veja, and John Gamez Marine Spaniardes, that 
they haueing sufferred shippwracke neere vnto the Bermoudoes, 
were forced by NathanieU Butler Governor there, amongst 
many other hard vsages, to give Bond for the payment of 801. 
for the transportation of themselues and their Companie into 
England, And vpon their arriveall here, a Brother of the said 
Governors hath caused them to be arrested vpon the foresaid 
Bond, and comenced his Suite at the Comon law. It was 
thought meete at the instance of the Earl of Gondomar 
Ambassador from the Kinge of Spaine, that forasmuch as the 
said Gouernor of the Bermudoes, is very shortely expected 
here, and that the Complainantes pretend to haue divers 
matters against him, the proceedinges vpon the Bond be for- 
borne vntill his comeing ; And that the Action be transferred 
to the Court of Admiralltie as the most proper place for 
determynation thereof, where sufficient Caution is to be given 
on the behalf of the said Straingers for answering the same 
as the. said Court shall sentence it whereof aU parties whom it 
may concerne are hereby to take notice as they wiU answere 
the contrary at their perrills. [p. 352. ^ 2.] 



Bermudas. 



[84.] Whitehall, 31 May: 

[The case of Captain Butler against Captain Diego Ruiz de 
la Vega and John Gomez Marine, had been stayed in view 



1622.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 53 

of the expected arrival of the Governor of the Bermudas, 
and transferred to the Court of Admiralty ; but] their Lord- 
ships upon better information therein doe now thinke meete, 
that forasmuch as the Action is grounded upon the specialtie 
of a Bond, the same be leaft to a Tryall in any His Majestys 
Courts of Justice, that may properly take cognizance thereof, 
without tyeing either party to any particular Courte. 

iV- 378.] 

[85.] Star Chamber, 11 July: 

Some of the Virginia Companie presenting themselues this Bermudas. 
day at the Boarde informed their Uordships That the Spanish 
Ambassador had sent vnto them to acknowledg the speedie 
Justice they had done him touching the recouery of such 
goodes as were saued vppon a late wracke of a Spanish Shipp 
vpon the Summer Islandes, and withall to desire, that for the 
further recouery of such goodes as were there lost, he might 
be permitted to send over a man of his owne to the said 
Islandes, with which request the Company thought it their 
dutie to acquainte the Board : themselues being very readie 
and wiUing to appoint some of their owne people to goe over 
with fuU authoritie, to search for, and discouer, for the 
Ambassadors vse, any goodes lost as aforesaid, whereof their 
Uordships haueing taken consideration. As they held it 
expedient to give the Ambassador aU due content, soe they 
were loath to put his lordship to the trouble of sending over 
a man of his owne. And therefore resolued for his better 
satisfaction to appointe some meete person themselues, to 
goe over to prosecute that busines whoe should give the 
Ambassador a iust and true Accompt of the State thereof, and 
of whatsoever may be further recouered of the said goodes. 

VV- 431. H 2.] 
[C.S.P. L p. 31.] 

[86.] Whitehall, 16 July: 

Whereas John Bargraue, esqr hath by his petition this Virginia. 
day presented to the Boarde made earnest instance to be 
hearde and releeved in the Complainte made by him against 



54 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1622. 

Sir Thomas Smyth Alderman Johnson, and others for vniust 
practices, and miscarriage in the Gouerment of the Virginia 
Plantation, to the greate dammage of the publicke, and the 
losse of the Petitioner, and his partner to the value of Six 
Thousand and Six Hundred poundes. It was this day orderred 
that the Lord Viscount Grandison, the Lord Brooke, the 
Master of the Holies, and Sir Edward Conway knight calling 
the parties before them shall take due examynation of the 
said Complainte and haueing informed themselues of the true 
state thereof make reporte of the same to the Boarde, 
together with their opinions that further order may be given 
therein as the cause shall require. [p. 439. ]| 1.] 

[C.S.P. I. p. 31.] 

[87.] Whitehall, 29 July : Present :— Lord Archbishop of 
Canterbury, Lord Keeper, Lord Treasurer, Lord President, 
Lord Priuy Scale, Lord Viscount ffalkland, Lord Viscount 
Grandison, Mr. Treasurer, Mr. Secretary Caluert, Master of 
the Rolles. 

Virginia. The Company for the Virginia Plantation haueinge through 

negligence and too much securitie of their people there, and 
the trecherie of the Savages received a losse of neere 400 persons, 
did make humble Suite to his Majestic for certaLne old cast 
Armes remayning m the Tower and the Mynorites ; Which 
though they were altogether vnfitt, and of no vse for modeme 
Service, might nevertheles be serviceable against that naked 
people, wherevnto his Majestie for the better strengtheniag 
of that Plantation, and the saf etie of his Subiectes there, haueing 
graciously condiscended. Ana the Company presenting this 
day to the Board a note of such of the said vnserviceable 
Armes as they desired. It was orderred that the Lord Heigh 
Treasurer of England caUing vnto him some of the Officers of 
the Ordinance shall advise what sortes and proportions of 
the said Armes, are fitt to be dehvered for the vse afore- 
said and therevpon give order for delivering the same 
accordingly. |-p_ 449^ ^ 3.] 

[C.S.P. I. p. 32.] 



1622.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 55 

[88.] Windsor, 12 August : 

[A warrant to the High Sheriff of Norfolk for the reprieve, Virginia. 
and for the transportation to Virginia of] James Wharton 
convicted and condemned .... for drawing of a 
purse. [p. 465. ^f 2.] 

[89.] Whitehall, 23 October: Present :— Lord Archbishop 
of Canterburie, Lord Treasurer, Lord President, Lord Priuie 
Seale, Lord Steward, Lord Marquisse Hamilton, Earl Marshall, 
Earl of KelHe, Lord Viscount Grandison, Lord Carewe, Mr. 
Treasurer, Mr. Comptroler, Mr. Secretarie Calvert, Mr, 
Chancellor of the Exchequer, Master of the Rolles, Sir Edward 
Conwey. 

The CounceU for the affaires of New England, presenting New 
their humble Petition this day vnto the Board, and shewing, 
That whereas his majestie by his letters Patentes hath bin 
pleased to grant vnto them the managing of the affaires of 
New England prohibiting all other his Subiectes, not Adven- 
turers or Planters to frequent those Coastes, And that letters 
were written from the Board, to severall Townes of the west 
partes of the Kingdome, to conform themseluesvnto his majesties 
said RoyaU grant, nevertheless sundrie irreguler persons 
(Contrarie to the tenor of the said letters Patentes and the said 
letters written from the Board) haue this last yeare sent and gone 
into those partes. And disposessed some of the Shipps and 
Planters of their proper places and Committed other outrages, 
tending to the hinderance and great preiudice of the Plantation, 
as in their said Petition more at large is expressed. Vpon this their 
information. It was this day ordered by their lordships, that Mr. 
Attorney GeneraU, should make readie a Proclamation fitt for 
his majesties Signature, prohibiting all persons to resort vnto 
the Coastes of New England, contrarie to his majesties said 
RoyaU grant. [p. 498. If 1.] 

[90.] Whitehall, 31 October: 

[Consideration of the dispute between Sir Thomas Smith Virginia. 
and John Bargrave is postponed till Thursday morning, 



56 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1622-23. 



Criminal 
Transported 



Virginia. 



November 14th, at which date they are commanded to 
attend.] [p- 509. 1| 1.] 

[91.] Whitehall, 20 November: 

[A warrant to the Sheriff of London concerning John 
Carter, who was convicted for the stealing of a horse. 
Carter having an able body to do his Majesty and his 
country service, and it being doubtful upon the evidence 
whether the horse was stolen or not, he is to be handed 
over to Sir Edward Sackville for transportation into Virginia 
or the Bermudas.] [p- 516. ^ 1.] 

[92.] Whitehall, 26 November: Present: — Lord Viscount 
Grandison, Lord Brooke, Master of the Rolles, Sir Ed. 
Conway. 

To whom the examination of the differences betwene John 
Bargraue Esquier plaintife and Sir Thomas Smith and other 
defendants, was referred by an Order of the 16th of July last 
past. 

After that the plaintifs Counsell had bene hearde at large, 
for the more cleare and orderly proceding in the examination 
of the cause betwene both parties. It was ordered, that the 
plaintif shall deliuer the defendants his charge or accusation 
in writing with the notes of his proofes on thursday next, 
which wilbe the 28th of this moneth, and that the defendants 
shall exhibite their answer thereunto, and notes of proofes 
accordingly on the thursday next following in the morning. 
And it was farther Ordered, that both the one and the other 
shall conteine themselues within the extent of the complaint 
and of the reference thereupon. [p. 518. T|]J 1 & 2.] 

[93.] WhitehaU, 20 January : 
Virginia. Vpon reporte made this day to the Boarde, by the Lord 

ab^ueXt ^^ ^i^'^ou'^* Grandison how far he and the rest of the Committies, 
deliuered vizt. the Lord Brooke, the Master of the Rolles and Sir 
after." Edward Conway had proceded in hearing the cause betwene 

Sir Thomas Smyth knighte with other defendants, and John 



1623.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 57 

Bargraue Esquire, and how weakely they found the same 
grounded one the said Bargraues parte. It was Ordered that 
the saide John Bargraue should forbeare from troubhng any 
farther his Majestie or the Boarde with this cause, els receiue 
condigne punishment according to his Majesties pleasure 
heretofore signified to the Boarde in that behalfe. 

[p. 564. II 1-] 

[94.] Whitehall, 7 February: 

[A petition by John Bargrave that as he] is now becomme Virginia, 
farr indebted, and much pressed by hard and greedie Creditors, 
his Majestie should be graciously pleased to 
releeue his distressed estate, by granting him a Protection for 
some reasonable tyme. [The Council recommends that in 
view of his former good service, such protection be granted 
to him and to his sureties for six months.] [p. 580. ^ 1.] 

[95.] Whitehall, 12 February : 

This Day certaine Articles importing a Contract, made Virginia, 
betweene the Lord Treasurer of England on the behalfe of his 
majestie, and the Virginea Company, touching the importation 
of Tobacco, were read and allowed by the Board. 

[p. 583. last 1I-] 
[C.S.P. I. p. 37.] 

[96.] Whitehall, 4 March : Present : — Lord Treasurer, 
Lord President, Lord Marshall, Lord Brooke, Lord Chichester, 
Mr. Treasurer, Mr. Controller, Mr. Secretarie Caluert, Mr. 
Chancelor of the Exchequer, Master of the RoUes. 

Whereas by an order of the Board, bearing date the 24th of Tobacco. 
October 1621 it was upon diuers weighty and iust Con- 
siderations and upon full hearing of the vndertakers of 
Virginia, ordered, that no Tobacco or other Merchandize should 
be transported out of any of the plantations of Virginia into 
any forreigne partes, vntill the same should be first landed 
heere in England and his Majesties Customes payd therefore. 
Their Lordshipps hauing beene informed that notwithstanding 



58 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 

the same Order, there haue very lately Certaine shipps laden 
with Tobacco both from Virginia and Summer Tslandes been 
conueyed into forreigne partes without euer landing heere 
The Board hath thought fitt to renew the said Order as well 
for Virginia as the Summer Islandes and withall to enio3me 
the Gouernors Officers and all other particuler members of 
both those Companies who may any way be interressed 
therein, to giue order as weU to preuent the hke fault heerafter 
as to redeeme that already committed by procuring the said 
shipps to returne hither vpon those penalties that the 
refractories and contemners of the authoritye of the Board, 
may expect. And the Gouernors and Officers of the said 
Companies, are to take notice heereof , and to pubhsh it in their 
Courtes respectiuelye, and to looke that it be executed 
accordinglye. [p. 618. ]f 1.] 

[97.] Whitehall, 25 March: 
Virginia. A letter to the Master of the Rolles, Sir Robert Rishe, 

Sir Peter Hayman Sir Thomas Wilford Christopher Brooke, 
Henry Denne and John WiUyams or any 3 of them, 
[authorizing them to call before them John Bargrave, his 
sureties and his creditors, and to make such arrangement 
as they see fit.] [p. 637. 1| 2.] 

[98.] WhitehaU, 17 April: Present :— Lord Archbishop, 
Lord Keeper, Lord Treasurer, Lord President, Lord 
Priuie Seale, Lord Steward, Earle Marshall, Earle of KeUie, 
Lord Viscount Grandison, Lord Carew, Mr. Treasurer, 
Mr. Comptroller, Mr. Secretarie Caluert, The Master of the 
Rolles. 

sirm^dT'^ "^^^^^ lordships hauing this day by order from his Majesty 
hearde at large the lorde Cauendish with others representing 
the body both of the Virginia Company and the company of 
the sommer Ilandes and diuerse particular Adventurers and 
Planters, who had complayned to his Majesty of somme 
grievaunce and hauing throughly considered the allegations 



1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 59 

and answers on both partes, did order according to his 
Majesties pleasure in that behalfe, that there shalbe a 
Commission vnder the great Seale of Englande directed vnto 
certaine persons of knowne suf3ficiencie and sincerity, who 
shalbe thereby autorised to examine by oath and otherwyse 
by all lawfuU meanes and wayes to make inquirie of the true 
Estate of the Plantation both of Virginia and the Sommer 
Ilandes, with all incidentes therevnto belonging from the 
very begining of those Plantations vnto this present tyme, 
As also what monyes haue since that tyme bene Collected for 
those Plantations, by whom, and how those monyes were 
procured, and also in what maner those monyes haue bene 
expended. And after the expence of so great summes 
of monye, what the true Estate and conditions are of those 
Plantations now at this present. And to inquire and search 
into aU abuses and grievances concerning the former par- 
ticulars, and of all wronges and iniuries done to any of the 
Adventurers or Planters, and the groundes and causes thereof, 
and to propound after what sorte the same may be better 
menaged. And lykewyse to inquire, who they be that pray 
vpon the Inhabitantes and Planters, by selhng and bartering 
commodities or victualls at excessiue and vndue rates, whether 
the Magazme or priuate men, and at what price each Commodity 
is solde. And to the ende there may no discouragement 
amongst those who are now in Virginia or the Sommer-Ilandes 
by particular Advertisementes that may proceed from any 
factious humors, or priuate endes. Their llordships did 
lykewyse farther order, that no particular letters shalbe sent 
thither by any man, for or about any other matter, or 
intelligence then onely concerning their priuate businesses. 
That such as are wrytten or dehuered already, which are to 
any other effect, shalbe taken back, and if any be sent not- 
withstanding this Prohibition, the sending thereof shalbe 
taken as a contempt, and infringing of this Order, and they 
who send the same shall stande liable to such punishment 
as the saide contempt shalbe found to deserve. Lastly their 
llordships did order that the said Companyes shall wrjrte 



60 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 

general letters to those who are now in Virginia to exhorte 
and admonish them to liue together in Concorde and vnity, 
and to employ their endeavors ioynctly for the pubHque 
good of those Plantations. To which purpose It was ordered 
that letters of lyke tenor shalbe wrjrtten from the Boarde. 

[p. 668. U 1.] 
[C.S.P. I. p. 41] 

[99.] Whitehall, 28 April : Present : — Lord Archbishop 
of Canterburie, Lord Treasurer, Lord President, Lord Bishop 
of Winchester, Mr. Treasurer, Mr. ComptroUor, Mr. Secretarie 
Caluert, The Maister of the RoUes. 
Bermudas. There hauing bene red this day at the Boarde a petition 
presented by those Planters who came lately from the 
Summer-Bandes, wherein they humbly sue, that they may be 
againe possessed of the Tobacco that was brought by them 
into Englande and seised by the Companie vpon their deniall 
to pay an imposition of foure pence vpon every pounde of the 
same Tobacco, which woulde tende to their exceding preiudice 
and almost vndoing ; by meanes of which seisure and detention, 
they are both barred from the enioying and vse of their owne 
goodes, and are also in hasarde of sustaining greate losse by 
the spoile thereof lying thus vnder arrest : Their llordships 
vpon mature dehberation did thinke fit and Order, that the 
saide Tobacco shalbe dehuered vnto them according to their 
humble sute. But whereas it appeareth, that the aforesaide 
imposition is intended for the payment of a great summe of 
money taken vp vpon the credit of some particular persons, 
for the general! seruice of the Companie, and therefore in 
reason and equitie to be generally borne of all the members 
and Aduenturers thereof ; their llordships did lykewise thinke 
fit and Order that the Commissioners who are to examine the 
estate and conditions both of that Companie and of the Companie 
of Virginia, from the begining vntill the present, with all 
thinges incident and conserning the same, shall lykewise take 
into their consideration and aduise what proportion of 
imposition may be fit to bee leauied and continued vntill 



1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 61 

the aforesaide monies be fuUy repayed That in the meane 
tyme the imposition shalbe suspended, and that after the 
aduise giuen by the aforesaide Commissioners, and the pro- 
portion set downe, the petitioners shalbe lyable to the 
payment of such a proportion as by them shalbe set downe, 
euerie man for his parte, as well for the Tobacco which shall 
now be deliuered vnto them, as for that which they may 
hereafter bring or receiue from the Summer -Ilandes aforesaide 
vntill this debt of the Companie be fully discharged. 

[p. 672.] 
[C.S.P. I. V. 44.] 

[lOO.J Whitehall, 28 April : Present :— Lord Carew, Lord 
Bishop of Winton, Mr. Treasurer, Mr. Comptroller, Mr. 
Secretarie Caluert, Mr. Chancellor of the Exchequer. 

The letters of the Virginia and Summer- Ilandes Companies Virginia and 

" '- Bermudas. 

being this day perused were disallowed for that they did 
not pursue the former directions giuen by this Boarde, which 
was to certifie in their generall letters to the Plantations his 
Majesties great grace and fauour towardes both the saide 
Plantations ; And whereas a contract was formerly made 
whereby his Maiestie shoulde haue had one third parte of all 
the Tobacco coming thence, and also six pence vpon the pound 
of the other twoe partes with diuerse other clauses in the saide 
contract mentioned ; Now that their llordships vpon full debate 
did finde that if the contract did procede in that manner as 
was agreed, it woulde tende to the vtter overthrowe and 
subuersion of the saide Plantations, they did therefore thinke 
fit, and accordingly Order that the contract aforesaide con- 
cerning Tobacco shoulde forthwith be disolued ; And for the 
better encouragement of the Planters it was declared that 
although there was formerly answered twelue pence vpon the 
pound to the King, yet his Majestie woulde be now pleased 
onely with nyne pence vpon the pound to bee answered to 
him for all charges whatsoeuer belonging to his Maiesty. And 
did also order that euerie of the Planters who haue lately 
sent in Tobacco hither into England, shall haue the same 



62 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1623, 

deliuered vnto them paying this nyne pence the pound to 
the King. And moreouer their Uordships finding that to grant 
to the saide Companies the sole importation of Tobacco into 
his Majesties Dominions, would greatly aduance those Plan- 
tations, had accordingly moued his Majesty therein who was 
gratiously pleased therewith, so that alwaies, all the Tobacco of 
those Plantations be brought directly hither into England. 
To which purpose an Act of Counsel! was heretofore made. 
Of these thinges their Uordships expected that publique notice 
shoulde haue bene giuen to bothe the Companies here, as also 
to haue aduertised the same by their generall letters to the 
Planters there for their better encouragement and comfort. 

[p. 674. Tj 2.] 
[C.S.P. I. p. 45.] 

[101.] Whitehall, 28 April; Present: — Lord Archbishop, 
Lord Keeper. Lord Treasurer, Lord Priuie Scale, Lord 
Bishop of Winton, Mr. Treasurer, Mr. Comptroller, Mr. 
Secretarie Caluert, The Master of the Rolles. 

Virginia. [Letters to the Governor Council and Colony in Virginia and 

in Bermudas.] His Majesty hauing vpon diuerse informations 
presented vnto him, taken into his gratious consideration the 
present estate of the Colonies and Plantations in Virginia and 
the Bermudos or Summer-Bandes, hath so farre extended his 
royaU care, both for the redresse of that which is amisse and for 
the establishing of fit directions and Orders for the future, 
whereby all indirect courses, misunderstandinges, and dissen- 
sions may bee prevented, as wee doubt not, but the effectes 
thereof wiU both aduance the pubUque good and also redounde 
to the particular contentment and benefite of everie honest 
person who is any way tnterressed in that cause, which we 
haue thought good to signifie vnto you, to the ende that there 
be no discouragement taken or apprehended by any loose 
aduertisementes from any person, proceding from factions 
[? factious] humors or priuate endes, but that you comfort 
yourselues in attending the fruites of that good worke, which 
by his Majesties expresse commande is now in hande. And 



1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 63 

we doe therefore require, and in his Majesties name streightly 
charge you, to liue together in that concorde, vnitie, and ioinct 
care of the common good of that Plantation, which becometh 
the vndertakers of such an action, the Subiectes of such a 
King, and the professors of one Rehgion. And whereas we 
are informed by those who were not long since eye witnesses, 
that neither your ffortifications, houses of habitation, nor 
prouision of victuals are cared for in such sorte as they ought. 
We cannot but let you knowe how displeasing it is to his 
Majesty to heare of these thinges. And withall require you 
to be more carefull for yourselues and the good of the Plan- 
tation hereafter. [p. 675. ^ 1.] 

[C.S.P. I. p. 45.] 

[102.] Whitehall, 13 May ; Present -.—Lord Arch Bishop 
of Canterbury, Lord Keeper, Lord Treasurer, Lord President, 
Lord Steward, Lord Marquis Hamilton, Lord Chamberlaine, 
Lord Carewe, Lord Brooke, Mr. Treasurer, Mr. Comptroler, 
Mr. Secretary Caluert, Mr. Chancellor, Master of the Roles, 

The Earle of Warwicke and the principal! personns Adven- Virginia and 
turers in the Plantation of Virginea and the Sommer Hands : '"^"" 
Haveinge made Complainte to this Board. That wheras both 
they, and the Virginea Company were directed to attend the 
Commissioners (authorized vnder the great Seale of England, 
for the handling of matters, importing those Plantations, the 
particulers wherof appeare at large in the Comission itself e) 
to the end they should informe the said Commissioners, of 
such abuses and greevances, either in poynt of gouernment 
misimployment of moneys or the lyke, wherof either side 
mought have any iust cause of Complaint with expresse 
Charge, and Comaund neuerthelesse from this Table, that in 
the prepareing of the informations, each partie should goe 
directly to the. matter, and avoyde all bitternes and sharpnes 
of Stile, or other impertinent provocation, tending rather to 
revive, and kindle former heates, and distractions betweene 
the said twoe Companies, then any waygconducting to the 
worke, and seruice intended. That notwithstanding theire 



64 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 

Uordshipps Commaundes soe given, those of the Virginea 
Company, have Contrived and sett downe in writting, and 
caused pubUquely to be reade, a longe and impertinent 
declaration, consisting 'for the most parte, of bitter and vn- 
necessarie invectiues, and aspertions, vpon the person of the 
Earle of Warwicke, and others whom they stiled his instni- 
mentes and Agentes. Theire Uordships takeing the same into 
theire Considerations, caused forthwith the said writing itselfe, 
togeither with such persons, as were nomminated, to have a 
cheefe hand in the penning therof, to be brought before the 
Board, and haveing at large pervsed the said writinge, (con- 
tayneing five or six sheetes of paper) and lykewise taken 
examination of the persons themselues, then called before 
them, and findeing the said writing, to be for the most parte 
such, as was complayned of, and that the personna who were 
cheefe Actors in the indicting, and penning therof, were the 
Lord Cauendish, Sir Edwin Sandis Nicholas ffarrer and John 
ffarrer. Have thought fitt, and accordingly ordered, that 
they fower should be forthwith restrayned of theire libertie, 
and confyned to theire seuerall lodginges or bowses, (as personns 
guilty of a Contempt, against the directions and Comaundes 
of this Table) wher they are to remayne, vntill his majestie or 
this Board shall give further order.* [p. 699. ^ 2.] 

[C.S.P. L pp. 45-6.] 

[103.] Whitehall, 22 May : Present : — Lord Arch Bishop 
of Canterbury, Lord Keeper, Lord Treasurer, Lord President, 
Lord Steward, Earl Marshall, Lord Viscount WaUingford, 
Mr. Treasurer, Mr. Comptroler, Mr. Secretarie Caluert, Mr. 
Secretarie Conway, Mr. Chancellor, Master of the Roles. 
Virginia and Theite Uordships being this Day informed that notwith- 
standinge theire former Commaundes and Directions. That 
aU Charters, bookes (and byname the blurred booke, or bookes) 
Letters, Petitions, Lists of names, and provisions, Invoyes of 

* By an order of the 18th May, Lord Cavendish is released from his 
confinement, and the other three are also set at hberty by the succeeding 
order, which seems to be dated on the 21st. [P. 709 1111 1-2.] 



Bermudas. 



1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 65 

goodes, and all other -writinges whatsoever, and Transcriptes 
of them, belonging to, or any wise importing, the Plantations of 
Virginea, and the Summer Islandes, should be forthwith brought 
in, to the Gierke of the CounceU, to the end they mought be 
delivered, to the Commissioners for the said Plantations, 
That nevertheless Divers of them, and by name the blurred 
booke, or bookes, are still concealed, and kept backe, which 
neglect towardes the Commaundes of this Board, theire 
Uordships finding iust cause to reprove. Have thought fitt, 
hereby strictly to will and require, both the said Companies, 
and in particuler the Officers of the same, that they Cause 
all the said Charters, Bookes &c aboue mentioned, to be 
forthwith Deliuered in, to the said Commissioners, and that the 
Clerke of the CounceU doe lykewise dehuer in vnto them, such 
of the said Bookes &c as are in his Custodie, of all which, 
each partie may have free vse, in such sorte, as to the Com- 
missioners shall seeme good. And that all Boxes, and Packettes 
of letters, which hereafter shalbe brought over from Virginea, 
or the Sommer Islandes Dureing this Commission, shalbe first, 
and ymediatehe dehuered to the Commissioners, by them 
to be broken open, pervsed, or otherwise Disposed, as they 
shall fynde Cause. [p. 7U. ]{ 1.] 

[C.S.P. I. p. 46.] 



JAMES I. VOLUME VI. (4 June 1623—28 March 1625.) 

[104.] Whitehall, 4 July : Present : — Lorde Archbishop 
of Canterbury, Lord Treasurer, Lord President, Lord priuy 
scale. Lord Stewarde, Lord Marquis Hamilton, Erie Marshall, 
Lord Chamberlain, Erie of Carlile, Lord Viscount Grandison, 
Lord Brooke, Lord Chichester, Mr. Treasurer, Mr. Comp- 
troller, Mr. Secretary Caluert, Mr. Chancellor of the Exchequer, 
The Master of the Rolles. 

This day the Lorde Cauendishe with the deputie and many Virginia, 
other who represented the bodie of the Virginia Companie 
presenting themselues at the Boarde to giue accompt of the 



66 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 

charge they had receiued from their lordships for a speedie 
rehefe of his Majesties Subiectes in the Plantation of Virginia 
who as appeareth by sondry Advertisementes from thence 
are in great danger of perishing by famin, declared, that 
diverse priuat members of the Companie ioyning together 
haue alreadie vnderwritten to the summe of seauen hundred 
poundes, all which shalbe layde out in meale, the freighte and 
other charges not included therein, and immediatly dispatched 
by a ship, which they of the sayde company vndertake to 
sende on purpose with all expedition. They declared also, 
that for the supply of particular Hundredes and priuat persons 
in Virginia, as also by way of priuat Marchandise, there is 
another Roole vnderwritten to the summe of eightene hundred 
poundes which yet they doe not conceiue to be the halfe of 
that which wilbe in this maner sent. But their lordships 
finding it necessary that for the supply of so generaU a want, 
and the prevnting of so imminent a danger, there shoulde be a 
common and generaU Contribution, made by all those who are 
any way interessed in that busines, haue thought fit and 
Ordered that the several names of all the whole company, 
as well of those who haue shares as of those who haue had 
and the severall shares and Adventures shalbe certified to the 
Boarde, on monday next in the afternoone : and that every 
man shall contribute to the presente reUefe proportionally 
according to their shares, not restrayning mans farther liber- 
alitie to giue what more he pleaseth. And to the ende that 
the desire of priuat gaine may not ceasse his Majesties royal 
intention and the honorable care taken by the Boarde, for the 
relief 6 of his Majesties Subiectes there, their lordships did 
lykewyse expressly Order and commande that when the meale 
and other prouisions of victualls are brought thither, they 
shalbe solde at reasonable prices. [pp. 55-56.1 

[C.S.P. I. p. 49.] 
[105.] Whitehall, 4 July : Present :— As before. 
X'irginia. [Samuel Wrote is restored to his position as Counsellor for 

Virginia, and member of the Summer Islands Company.] 

[p. 57. H 2.] 



1623]. ACTS OP THE PRIVY COUNCIL (COLONIAL). 67 

[106.J Whitehall, 19 July : 

Their Lordships hauing taken into consideration the seruice Virginia. 
of certaine persons that attended the Commissioners who 
were deputed to examine the state of the businesse of 
Virginia, vizt their Clerke, their Messenger, and the Keeper 
of the house, in which they helde their meetinges and con- 
ferences ; thought fit and ordered that some allowance shall 
be made to each of them, the seuerall proportions whereof, 
their lordships referre to the righte honorable, the Lorde 
high Treasurer of Englande, to be set downe and rated by 
his lordship, as he shall iudge convenient. 

[p. 72. last ^.] 
[C.S.P. I. v. 50.] 

[107.] Whitehall, 22 July: 

Whereas his Maiesty being gratiously pleased to take Virginia, 
into his RoyaU care the State of the Plantation of Virginia, 
and of the Gouuernment thereof refferred the same to the 
deliberation of their Uordships ; who hauing considered 
thereof, did accordingly make reporte vnto his Maiesty : 
It is thought meete and Ordered that the Lord Viscount 
Grandison, the Lord Carew and the Lord Chichester shall 
take the notes hereto adioined into particular consideration, 
and out of them frame and set downe in wryting such Orders 
as they conceiue to be fittest for the regulating of all thing 
in Virginia and for the Ordering of the Gouuernment 
and to present, there to be red and aduised on. 

[p. 76. U 1.] 
[C.S.P. I. p. 50.] 

[108.] Whitehall, 8 October : Present : — Lord Keeper, 
Lord President, Lord Viscount Grandison, Lord Carew, Lord 
Chichester, Mr. Secretary Caluert, Master of the Rolles. 

[Sir WilUam Jones and others are instructed to continue Virginia and 
their inquiry into the state of Virginia and the Somers 
Islands.] [P- 123. ^ 1.] 

[C.S.P. L p. 52.] 



68 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 

[109.] Whitehall, 8 October: Present :— .Lord Keeper, 
Lord President, Lord Viscount Grandison, Lord Carew, Lord 
Chichester, Mr. Secretary Caluert, Master of the Rolles. 
Virginia. This day the Deputy and diuers of the Aduen- 

turers and Companie of Virginia were called to the 
Boarde, vnto whom their llordships declared that his Maiesty 
hauing taken into his Princely Consideration the distressed 
estate of that Colonie and plantation, occasioned (as it 
semeth) by the miscaryage of the gouuernment in that Com- 
panie, which cannot welbe remedied but by reducing the 
gouuernment into the handes of a fewer nomber of gouuemors 
neare to those that were in the first Patentes of that Plan- 
tation But specially to be prouided that the interest of 
all aduenturers, and priuate persons whosoeuer shalbe pre- 
serued and continued as they are. Hath therefore resolued by 
a new Charter to appoint a Gouuemor and twelue assistantes 
resident here in England, vnto whom shalbe committed the 
gouuernment of that Companie and Colonie, which gouuernor 
and assistantes his Maiesty wilbe pleased to nominate, and 
make choise of for the first tyme, and afterwardes the election 
of the gouuernor to be in this manner Vizt : The Assistantes 
to present the names of three to his Maiesty, of whom his 
Maiesty wilbe pleased to nominate one to be gouuernor, and 
the Assistantes to be chosen by the greater parte, of the 
gouuernor and Assistantes for the tyme being, the names of 
them being chosen being first presented to his Maiesty or to 
this Boarde, to be allowed or disalowed by his Maiesty, and 
the gouuernor and six of the Assistantes to be changed thus 
once in twoe yeares. And his Maiesty is pleased that there 
shalbe resident in Virginia a gouuernor and twelue .Assistantes 
to be nominated by the gouuernor and Assistantes here resi- 
dent, they presenting the names to his Maiesty or this Boarde 
that his Maiesty may allowe or disallowe the same. And as 
the gouuernor and Assistantes resident in Virginia shall haue 
dependance and relation to the gouuernor and Assistantes 
resident here. So the gouuernor and Assistantes here shall 
haue relation and dependance on this Boarde, whereby all 
matters of importance may be directed by his Maiestie or this 



1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 69 

Boarde. And that in the same Charter his Maiestie purposeth 
to make the lyke grantes aswell of landes, as of franchises, 
and other benefites, and things, as well granted in the former 
Charters, with declaration that for the setling and establishing 
of priuate interestes of all men, this new Companie shall 
continue or newly grant vnto them the lyke interest as they 
enioy, by grant, order, or allowance of the former Companie. 
And therefore the said Deputie, and others of the said Com- 
panie, were by their Uordships required to assemble a Court 
on Wednesday next, therein to resolue whither the Companie 
wilbe content to submit and surrender their former Charter, 
and accept of a new Charter with the alteration aboue men • 
tioned, and to retourne their answer with all expedition to 
this Boarde, his Maiesty being determined, in default of such 
submission to proceede for the recaUing of the said former 
Charters in such sorte as shalbe iust. [p. 123. ^ 2.] 

[C.S.P. I. p. 52.] 

[110.] Whitehall, 15 October : 

[Mr. Justice Jones is excused attendance on the Virginia Com- Virginia, 
mission, owing to his other employments.] [p. 125. ^ 2.] 

[C.S.P. L p. 52.] 

[111.] Whitehall, 17 October: Present: — Lorde Arch- 
bishop of Canterburie, Lord Treasurer, Lord President, Erie 
Marshall, Erie of CarUle, Erie of Kelly, Lord Viscount 
Grandison, Lord Chichester, Mr. Treasurer, Mr. Secretarie 
Caluert, Mr. Chancellor of the Exchequer, the Master of the 
RoUes. 

This day the Deputie and others representing the bodv of Virginia; 
the Virginia Companie, did in conformitie to the Order they 
had receiued, exhibite at the Boarde their Answer to that 
which according to his Maiesties pleasure, their lordships had 
both propounded vnto them viua voce, and also declared 
by an act of Counsell Dated the eighth of this moneth, whereof 
a Copie was deUuered them ; in which doth manifestly appeare 
his Maiesties gratious intention and royal care of the Plan- 
tation both generally for the pointe of gouuernment, and par- 
ticularly for the conseruing of every mans priuat interestes. 



70 ACTS OF THE PRIVY COCTNCIL (COLONIAL). [1623. 

Now for as much as the saide answer is merely dilatorie 
the saide Deputie and the rest pretending thereby that 
by reason of a hmitation in their Patent, they may not 
handle matters of that nature and weight, but at a quarter 
Courte, which will not be vntill the 19th of Nouember next; 
their lordships being no way satisfied with this pretense, 
considering that his Maiestie expecteth a speedy accompt 
of the proceeding in this businesse, which also in it seKe requireth 
expedition, in regarde of the importance and consequence 
thereof : haue therefore Ordered, and expresly charged the 
saide Deputie and the rest, that they assemble themselues 
againe forthwith, and on Monday next in the aftemoone 
which wilbe the xx"^ of this moneth deUuer a cleare, direct, 
and final answer, to that which hath bene before propounded 
and was this day reiterated vnto them; vizt whether the 
same Companie wilbe content to submit and surrender their 
former Charter and accept of a niew Charter, with the alter- 
ations mentioned in the af oresaide Act of CounseU. And to this 
purpose the Deputie was lykewyse expresly commanded to 
propound the question to the saide Companie in those cleare 
and plaine tearmes in which it was dehuered. 

[pp. 126. H 2.] 
[C.S.P. I. pp. 52-3.] 
[112.] Whitehall, 20 October: Present :— Lord Archbishop 
of Canterburie, Lord Keeper, Lord Treasurer, Lord President, 
Lord Priuie Scale, Erie Marshall, Lord Viscount Grandison, 
Lord Chichester, Mr. Secretarie Caluert, the Master of the 
RoUee. 

Virginia. Whereas their lordships were this day informed that there 

is a great discouragement amongst many aduenturers of the 
Plantation in Virginia, by reason of the intended reforming 
and change of the gouuernment, wherevpon they are fearefull 
to prosecute their aduentures, so as it may occasion some stop 
of those Ships which are now readie fraugted, and bound for 
that Country : Although their Uordships merueile that any 
should be so far mistaken, considermg the declarations that 
haue bene made at the Boarde viua-voce, as also by an Act 



1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 71 

of CounseU and otherwise ; yet for the better satisfying of those 
who rather through error or mistaking or through the vntrue 
suggestions of others, haue receiued any such feare and dis- 
couragement their lordshipps doe thinke fit hereby to declare 
againe, that there is no other intension then merely and onely 
the reforming and change of the present gouuernment, whereof 
his Maiesty hath sene so many bad effectes, as wilbe to the 
endangering of the whole Plantation, if it continue as it is, 
Neuerthelesse for so much as concerneth the priuate interestes 
of any men, his Maiesties Royall care is such, that no man shall 
receiue any preiudice, but shall haue his Estate fully and wholly 
concerned and if in any thing it be defectiue better to be 
secured so as they neede not apprehend any such feares or 
other inconvenience. It is therefore Ordered by their Uord- 
ships, and thought fit to be pubhshed to the Companie, that 
it is his Maiesties absolute command, that the Ships which were 
intended to be sent at this tyme to Virginia, and are in some 
readinesse to goe, be with aU spede sent away for the reUefe 
of those that be there, and the good of that Plantation, and 
this to be presently done without any stop or dilay. 

b. 131.] 
[C.S.P. I. p. 53. 

[113.] Whitehall, 24 October: Present :— Lord Arch- 
bishop of Canterburie, Lord Keeper, Lord President, Lord 
Steward, Lord Carew, Mr. Treasurer, Mr. Secretarie Caluert. 

A letter directed to John Harvy, John Pory, Abraham Virginia. 
Percey, Samuel Mathews and John JefEreson. His Maiesty 
hauing taken into his Royall care the Plantation in Virginia, 
besides the Order hee hath here giuen for the redresse and 
reformation of the gouuernment hath bene lykewise pleased 
for the better aduancing of so good a worke, to command that 
information be taken of the present State of the Plantation 
in diuerse considerable pointes. ffor which cause we haue 
thought fit and doe hereby will and require you, in regarde 
you are well acquainted with the coursses and conditions of 
thinges there, to make diUgent enquire of these particulars 



72 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 

following, and certify vs accordingly what you finde; vizt 
How many seuerall Plantations there be, and which of them 
be publique, and which priuate and particular ; what people, 
men women and Children be in each Plantation ; what fortifi- 
cations, or what place is best to be fortifyed ; what howses 
and how many ; what Cattle, what Armes Ammunition, and 
Ordinance mounted and seruiceable; what Come and other 
prouision of victuals ; what Boates and Barques ; what Bridges 
and pubhque workes ; how the Colonie standeth in respect of 
the Sauuages ; what hopes may be truly and really conceiued 
of that Plantation ; And lastly the directest meanes to attaine 
to those hopes. And so expecting a diligent accompt from 
you touching these particulars, wee, etc. [p. 137. If 2.] 

[C.S.P. I. p. 53.] 

[lU.j Whitehall, 24 October: Present :— Lord Arch- 
bishop of Canterburie, Lord Keeper, Lord President, Lord 
Steward, Lord Carew, Mr. Treasurer, Mr. Secretarie Caluert. 

Virginia. Another letter to the Gouuernor and Counsell m Vir- 

ginia. Whereas we haue thought fit to appoint John 
Haruy and others to make particular and dihgent enquiry 
touching diners particulars which concerne the State of that 
Plantation where you remaine : To the ende they may the 
better performe the Order they haue receiued from vs, and 
discharge the trust we haue committed vnto them, we doe 
hereby will and require you to yeald them your best ayde and 
assistance vpon all occasions, and in all those thinges wherein 
they shall finde cause to vse the same to the ende aforesaid. 

[p. 137. H 3.] 

[C.S.P. I. p. 54.] 

[115.] Whitehall, 21 November: Present :— Lord Arch 

Bishop of Canterbury, Lord President, Lord Priuie Scale, Lord 

Steward, Earl of Kelley, Lord Carewe, Mr. Treasurer, Mr. 

Comptroler, Mr. Secretary Caluert, Master of the Roles. 

Virginia. The Board being made acqainted by Mr. Atturney generall 

That wheras a Quorranto was issued out of the Kinges Bench 
against the Company of Virginea, for the questioning of theire 
Charters, and thervpon a Rule given, for the said Companie 



1623.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 73 

to make theire answeres by Christmas Eue next. And that 
the said Company pretend, they cannot make perfect answer 
thervnto, without the sight and vse of aU such Bookes and 
writinges, as have beene by them formerly delivered into the 
handes of his maiesties Commissioners appoynted for the 
Examination of the busines concerning theVirginea and Summer 
Island Companyes. Theire Uordships haveing Considered 
therof, did thinke fitt and accordingly order, that all the fore- 
said Bookes and writinges, whether remayneing in the handes 
of the Commissioners or els wher, shalbe forthwith dehuered 
by Inventorie vnto the said Company. [p. 155. ^ 2.] 

[C.S.P. I. p. 54.] 

[116.] Whitehall, 8 December: Present: — Lord Keeper, 
Lord President, Lord Grandison, Mr. Secretary Caluert. 

There was this day read at the Boord a Petition of the Bermudas. 
Deputie and Companie of Adventurers, to the Summer Islandes, 
Shewing That whereas It had bin oftentimes debated before 
this Boord, in the presence of diuerse of the Adventurers and 
Planters of the said Islandes by what course the debtes of 
the said Companie might bee paid, and the pubhque Charges 
bee heereafter borne. And whereas by an order of this Boord 
of the 28th of Aprill last, the Commissioners for that Plan- 
tation and that of Virginia, were required to aduise of a Course, 
for the dischargeing of the said debts and pubhque Charges 
of the Summer Islandes, And that after great paines taken by the 
said Commissioners they did finaUie set downe and order vnder 
their handes of the 8th of July last now shewed to their lord- 
ships in theise wordes following. 

Whereas by an order of the Uords of his maiesties most hie 
privie Counsell bearing date the 28th of ApriU last, certaine 
differences arrising betweene the Gouernor and Companie 
of the Summer Islandes, and the Adventurers and Planters 
there, were referred to our Consideration, concerning a late 
Imposition of fower pence laid vpon euerie pownd of Tobacco 
that came from thence, toward the payment of pubhque Charges, 
for which some private men are alreadie ingaged for the vse of 
the Companie, wee haue endeavored to set an end to the 
Controversie. And vpon fuU hearing of the same and the reasons 



74 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 

on each part, It is agreed before vs by Consent, That 
whereas it appeareth that the *Bonde of the said Companie, 
hath bin giuen for about 1,400L ffower hundred pownd 
thereof shalbe borne, by an Imposition to that value 
to bee laid vpon all the Tobacco that came from the Summer 
Islandes this yeare into England. The residue of the said 
debt and all other debtes and duties and all other future 
Charges to bee layd for the pubhque they shalbe borne equaUie 
by the Adventurers according to the number of each mans 
Shares and for the more ease of Adventurers It is hkewise 
thought fitt that two pence vpon the pownd shalbee layed vpon 
the Tobacco of the Planters towards publick Charges and six 
pence vpon the pownd of all the Tobacco that shalbe brought in 
from the Summer Islands, by such as are neither Planters 
nor ffreemen of the Companie. And if any man hath alreadie 
sent in more, then the rateable part amounteth vnto according 
to the Proposition aforesaid. It is thought fitt and iust that he 
bee satisfied out of the thowsand pownds to bee leavied. 
which 
"mm that the [fforasmuch as the] said order of the 8th of July was 

words inter- ,., . '' 

lined were bkewise 26th of the last 

bydTrldion ^"^lA agreed and Consented vnto vpon the [third of this 
after the moneth 

order was 

entred." present] by a generall Quarter Court of the said Plantation 
of the Summer Islandes. 

It was therefore ordered by their lordships this day that 
the said order of the Commissioners of the 8th of July shall 
accordingly bee put in execution and stand ratified and 
Confirmed by an Act of this Boord. And that whoseuer shall 
heereafter oppose the same or shall refuse to pay such assess- 
ment as by vertue of the said order shalbe laid vpon him, 
shalbe proceeded against as Contemners of the authoritie of 
the Boord, and compelled to satisfie the same by such Course 
as by their lordships vpon Complaint thereof shalbe thought 
fitt and Convenient. [p_ igg, ^ 2.] 

[C.S.P. I. p. 55-] 

* This word ia very badly written, and may be Voate, Noate, or Seale. 



1623.] ACTS OF THE PRIVY COTJNCIL (COLONIAL). 75 

[117.] Whitehall, 8 December : Present : — Lord Keeper, 
Lord President, Lord Grandison, Mr. Secretary Caluert. 

This day there was read a Petition at the Boord Virginia, 
of willyam Cunnyn complayning that their lordships having 
requiered the Virginia Companie to giue answere, whether 
they would deUuer vpp their Patent to his Maiestie, That the 
said Petitioner did vse some reasons in Court to perswade the 
deliuerie of the same and not to contest with his maiestie 
about the Gouernment, the King ofEring that allmens partiouler 
Interestes should bee preserved, which words one Thomas 
Kighley a marchant dishking answered that it was neither 
iust nor honest to deliuer vpp the Patent and some other 
wordes of distast ensuing betweene them afterwardes at the 
Exchange vpon the foresaid occasion and the Petitioner 
thrusting Kighley from him that the said Kighley arrested the 
Petitioner vpon an Action of 5001. and hath since on the said 
Action recouered 201. of him The Boord did order that Mr. 
Atturney shall examine the truth of the said wordes aUeadged 
to bee spoken, and whether the cause of the said Action did 
growe in Consequence of the said speeches, and shall certifie 
to the Boord what hee finds, wherevpon such further shalbe 
taken as shalbe fitting. [p. 187. Tf 2.] 

[C.S.P. L p. 55.] 
[118.] Ibid. 

Whereas diuerse of the Companie of the Summer Virginia and 
Islandes did this day complain, that a Petition had ®'^™'^ *^' 
bin dehuered, to this Boord by Nicholas Farrar Deputy of 
the Companie of Virginia (whereby some order did ensue 
from the Boord) affirming that the Commissioners for the 
examining of the State of the affaires of the Companies of 
Virginia and the Summer Islandes, had not set an order for 
the payment of the debtes and publique Charges of the said 
Companie of the Summer Islandes according as had bin referred 
vnto them from the Boord. And that aU they whose names 
were vsed to the said Petition were consenting therevnto ; 
In both which points hee had misinformed the Boord Their 
lordships did this day order, that the said Petition should bee 



76 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623. 

sent to Mr. Attumy Generall togither with the order vnder- 
written to examine and report to the Boord, whether it bee 
true as is affirmed in the said Petition, That the Commissioners 
in the Petition mentioned haue not set any Course for paying 
the debtes of the said Companie as was by this Boord referred 
vnto them, As also whether all the parties to the said petition 
gaue their Consent therevnto. And such other particulers 
as were then Complained of, against the Carriage of the said 
Nicholas Ferrar. [p. 188. If 1.] 

[C.S.P. I. p. 55.1 

[119.] Whitehall, 8 December: Present: — Lord Keeper, 
Lord President, Lord Grandison, Mr. Secretary Caluert. 
Virginia. There was this day read at the Boord a Petition in the 

name of sundrie Adventurers and Planters of the Virginia 
Plantation Complayning that whereas sundrie of them are 
wilhng to surrender vpp their Patent, for point of Government 
his maiestie taking care to preserue euery particuler mans 
interest as hath bin required by his maiestie And that diuerse 
others of the said Companie refusing to conforme themselues 
to his maiesties pleasure are proceeded against by Mr. Attumy 
Generall by a writt of quo warranto, That yet they haue lately 
made an order in Court, that the Charge of their defence shalbe 
borne by the pubhque stocke, to the preiudice (as is conceiued) 
of those others who are willing to surrender vpp their Patent. 
It was this day ordered. That all those who are questioned 
in the said Quo warranto shall make their defence at their 
owne particuler Charge without any helpe or dispending any part 
of the pubUque stocke in that Case, And that such as are willing 
to surrender shalbe discharged from all contribution towards 
the expence of the said suite, both in their persons and their 
goodes. [p. 188. Tj 2.] 

[C.S.P. I. p. 55.] 

[120.] Whitehall, 19 December: Present :— Lord Arch- 
bishop of Canterbury, Lord Keeper, Lord Treasurer, Lord 
President, Lord Steward, Lord Chamberlaine, Earl of CarUle, 
Lord Viscount Grandisone, Lord Chichester, Mr. Secretary 
Caluert, Mr. Chancellor Exchequer, Master of the Rolles. 



1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 77 

A letter to Sir Francis Wiatt Gouernor and the rest of Virginia, 
the Councell of Virginia. Whereas Captaine John Martine 
Esqr., being a Planter in Virginia, hath bin detayned a good 
space heere, by reason of diuerse Controversies which haue risen 
concerning the Plantation of Virginia wherein (as wee conceaue) 
hee hath behaued himself honestlie and discreetlie. fforas- 
much therefore as hee is now returning backe againe with 
some of his servants and manie others that would plant and 
ioine with him, and beginne againe to settle himself and them 
vpon his ruinated Plantation, wee haue thought good for his 
better incouragement, to accompanie him with theise our letters 
vnto you the Gouernor and Counsell there, And although wee 
doubt not but that you will vse him and his asociates, as be- 
cometh you, and may stand with the advancement of the Plan- 
tation ; yet wee will expect that for this our recommendation 
somewhat more then ordinarie respect should bee had of 
him. And do require you to take care (so much as in you 
lieth) that hee and such as shalbe vnder his Command, may bee 
free from all danger of oppression, and peaceably inioye, all 
such landes and goodes as belonge vnto them, behaving them- 
selues as faithfuU subiects ought to doe whereof nothing 
dowbting wee bid you hartilie farewell. [p. 199. ^ 1.] 

[C.S.P. I. p. 55.] 

[121.] Whitehall, 30 December : Present : — Lord Keeper, 
Lord Treasurer, Lord Steward, Earl of Garble, Lord Brooke, 
Mr. Chancellor Exchequer. 

A letter to Nicholas Farrar deputie of the Virginia Virginia. 
Companie. Wee are informed that there is a Shipp lately 
arriued from Virginia, And for some causes knowne vnto vs, 
wee do heereby require you to seaze vpon all the letters asweU 
publique as private that come in the said Shipp, and to bring 
or cause them to bee safely brought vnto vs vnopened with 
as much expedition as you can whereof you may not faile 
and this shalbe your warrant. [p. 215. ^ I.] 

[C.S.P. I. p. 55.] 



78 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1624. 



Virginia. 



Virginia. 
" mm: all 
theise 
Patentes 
bookes of 
account &c. 
were 

deliuered to 
Henry 
Fotherby 
clarke to the 
Commission- 
ers, by order 
from the 
Lords the 
19 of July 
1624 •' 



Virginia. 



[122.] Greenwich, 24 June: 

[The former Charter of the Virginia Company having heen 
cancelled,] His Majestic is resolved to renew a Charter with the 
former priviledges, and with amendment of such imperfections, 
as concerne the Government of that Plantation and Colony. 
Therefore his Majestic did order and appoint, 
with the advise of the Board, The Lord President, the Lord 
Pagett, the Lord Chichester, Mr. Treasurer, Mr. Comptroler, 
both the Principal! Secretaries, Mr. Chancellor of the 
Exchequer, Mr. Chancellor of the Duchy, Mr. Attumy, Mr. 
Solicitor generall. Sir Robert Killegrew, Sir Thomas Smyth, 
Sir Francis Gofton, Sir John Wolstenholme, and Alderman 
Johnson, or any six of them, whereoff two to bee of his 
Majesties Privie CounciU, [to consult together concerning 
the well settling of the said Colony, and to report from 
time to time to his Majesty, or to the Board.] 

[p. 342. 11 1.] 
[C.S.P. I. p. 62.] 

[123.] WhitehaU, 26 June : 

The Commissioners aboue named lately apointed (with 
others) by his Majestic for the setUng of the affaires of 
Virginia meeting this day did order ; That Mr. Ferrar Deputy 
for the late Companie of Virginia, should bring in, all the 
Patentes, bookes of account, together with the invoises con- 
cerning the late Corporation of Virginia, and the lists of the 
people there to the Councell Chamber, to bee there kept by the 
keeper of the Councell Chest till further order should bee 
given. [p_ 344. last %] 

[C.S.P. I. p. 62.] 

[124.] Ibid. 

Present -.—Lord Archbishop Canterbury, Lord President, 
Lord Priuie Scale, Lord Marshall, Mr. Treasurer, Mr. 
Comptroller, Mr. Secretary Caluert, Mr. Chancellor of the 
Exchequer, Master of the Rolles. 

The Commissioners lately appointed by his Majestic and 
the lordes for the direction of the Virginia busincs did this 



1624.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 79 

dale order that all the Stocke, Arrerages, dues upon Acoomptes 
allowed or not allowed, Merchandize, Proffittes of landes or 
other emolumentes whatsomeuer belonging to the PubUke of 
the late Corporation of Virginia into whose handes someuer 
they shall come, shalbe reserued and accompted for to his 
Majestic and to the Commissioners appointed by him for the 
vse of the Corporation, which his Majesty intendeth of newe 
to erect for the Plantation of Virginia. [p. 345. ^ 2. 

[125.] Whitehall, 15 July: 

Whereas Thomas Pory Gentleman, hath bene employed Virginia. 
from the Board into Virginia about his Majesties speciall 
affaires, in which hee hath expended one hundreth pounds, 
as by his Petition presented vnto vs hee humbly sheweth. 
fforasmuch as wee find that hee hath taken paines, and vsed 
dihgence in the performance of the said seruice, wee doe 
thinke fit that his Majesty be moued to allow vnto him the 
somme of one hundreth and fifty pounds ; whereof the Clerke 
of the Signed now attendant, is to take notice, and to prepare 
a Bill to that purpose, ready for his Majesties signature. 

Ip. 376. Tl 1.] 
[C.S.P. I. p. 64] 

[126.] Hampton Court, 28 September: 

A letter to Sir Francis Wyatt, Governor of Virginia, and the Virginia, 
rest of the Counsell there. [John Puntis, Esq, Vice Admiral of 
Virginia, having lately died, and his Executor, Sir Thomas 
Merry, being prevented by his duties as Clerk of the Green 
Cloth from attending adequately to so dispersed an estate,] 
wee have thought good to make use of your Care and paines 
therein. And doe to that end earnestly praie and require you 
with aU convenient speed to cause an exact and particular 
Accompt to be taken of all and singular the debts and creditts 
goods and Comodities of the said Mr. John Puntesse. 
[The inventory and the goods, (being first carefully sealed up 



80 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1624. 

with your own seal) are then to be despatched to Sir Thomas 
Merry. In the meantime, everything is to be kept carefully 
sealed up.] [p- 449. last %] 

[C.S.P. I. p. 70.] 

[127.] Hampton Court, 30 September : 
Bermudaa. A Letter to the Lord Carew, Master of the Ordinance. 
[The company of the Somers Islands are to be furnished] 
with twenty barrells of Powder to be sent into the saide 
Islands in regarde that they cannot finde anie that is good 
to be bought in the Cittie. [For this they are to pay ready 
money, at the rate of tenpence the pound.] [p. 455. 1| 1.] 

[C.S.P. I. p. 70.] 

[128.] Whitehall, 22 October : 

Virginia. A Letter to the Lord Carew, Master of the Ordinance. 

[His Majesty is pleased, upon the humble suit of the Virginia 

Commissioners, freely to give and grant unto them one last 

of powder, to be employed for the better defence and security 

of that plantation.] [p. 474. ^ 1.] 

[C.S.P. I. p. 70.] 

[129.] WhitehaU, 17 November : 
Virginia. [A letter to the Lords Commissioners of Virginia, referring 

to them a petition presented by the Lady Wyatt on the behalf 
of her husband Sir Francis Wyatt, in which she complains 
that the Virginia Company has failed to perform conditions 
agreed upon between them.] [p. 496. ^1.] 



Newfound- 
land. 



[130.] Whitehall, 20 December: Present— Lord Arch- 
bishop, Lord Keeper, Lord Treasurer, Lord President, Lord 
Priuie Scale, Lord Viscount Grandisone, Lord Chichester, Mi'. 
Treasurer, Master of the Rolles. 

A letter to the Duke of Buckingham Lord high Admirall 
of England and Lord Warden of the cincque Ports. 

Whereas wee do find that his majestic will verie shortlie haue 
great occasion to make provision of victualls, for diuers 



1624-5.] ACTS OF THE FUIVY COUNCIL (COLONIAI;). 81 

important services of his owne, and that there are at this time 
great numbers of Shipps laden with fish of Newfoundland arriued 
in England, whereof a great part is hkelie to bee transported 
into Spaine and Portugall and his majesties provisions thereby 
disappointed except some speedie order may bee taken therein ; 
wee haue thought fitt to pray and require your lordship to 
cause the officers vnder your lordship in the severall Ports to 
make staye for his majesties vse of theise Shipps following 
laden with Newfoundland fish (paying the vsuaU price for 
the said fish), viz. : the Thomas of London whereof John 
Breadcake is Master the William and John whereof Nott 
is master the Sarah Bonaventure whereof Luke Whetstone 
is master, the great Saiser, whereof Peter Rewttan is master 
the Globe whereof Thomas Newport is master the Beare 
whereof Robert Satman [? Latman] is master and the 
Seahorse whereof Thomas Hackwell is master, and generalhe 
to make stay of all such shipps laden with Newfoundland fish 
and Corne for the Ports aforesaid, which in your lordships 
approued wisedome and discreation you shall find fitt for his 
majesties service, as is formerhe specified to be stayed vntill 
further order shalbee giuen in that behalf, wherefore theise 
letters shalbee your lordships sufficient warrant. 

Ip 556. Tl 2.] 
[C.S.P. Domestic. 1623-5. p. 414.] 

[131.] Whitehall, 8 January: 

[The merchants concerned having petitioned against the Newfound- 
above order 130, and the evidence having been taken of 
Sir Allan Apsley, Lieutenant of the Tower and one of the 
victuallers of his Majesty's navy,] it was thought fit and 
accordingly ordered, that when the said Sir AUin Apsley is 
fournished by them with so much fish, as shall be needeful 
for his Majestys present service, they may without farther 
stop or restraint transport the remainder thereof, in the said 
Ships, to those partes and places for which they have designed 
and appointed the same. 



82 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625. 

[132. J Whitehall, 22 January: 

New [This day the petition was read of Andrew Dickson] 

England. concerning the controuersie between him and Sir fferdinando 
Gorge and Doctor Gooch about a Ship called the Neptune 
built by the said Dickson, who was therein employed and 
set on worke by certaine noble-Men for themselves and other 
Patentees for New England, and pretendeth, besides the 
money and wages due unto himselfe, such summes as hee 
standeth engaged for to sundry persons, which as hee 
aUeageth were disbourssed about the said ship, amounting in 
all to one thousand one hundreth pounds. [Dickson and 
Sir Ferdinando Gorges having been personally examined, it 
was resolved that the sum due should be assessed by three 
of the Trinity House, chosen by the rest of the body there, 
and three of the Company of Shipwrights, chosen by the 
Master, Wardens and Assistants of that Company, Gorges 
expressing his wilhngness to pay promptly whatever they 
should think fair.] [p. 603.] 

[133.] WhitehaU, 31 January: 

Orange Tree. A letter directed to Sir John Elyot knight vice-Admirall 
of Deuon, The Mayor of Plymouth, Sir fferdinando Gorge Etc, 

Whereas wee haue receiued information that there is now 
a Dutch-Ship ryding in the hauen at Plymouth called the 
Orenge-tree of Amsterdam, being of the burthen of one 
hundreth and fifty Tunes or thereabouts, and bound to a place 
in America which is comprehended in a Grant made by his 
Maiesty vpon iust consideration to diuerse of his Subiectes : 
wee doe therefore hereby will and require you to take Order 
that the Captaine or Maister of the said Ship, be presently sent 
vp hither with his Commission, and the plat which hee hath 
that vpon his apparence and hearing and examining the cause, 
wee may determine what wee shall farther thinke fit to bee 
done. And wee doe lykewise will and require you, to make 
stay of the Ship, vntill you shall receiue other directions. 

[p. 616. H 2.] 



1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 83 
[134.] Whitehall, 23 February : 

A letter to the llords and others Commissioners for Virginea Bermudas, 
and the Summer Islands. Whereas Lewis Hughes Minister 
of gods word, haueing humbly complayned by Peti- 
tion to this Board, against the late Company of 
the Summer Islands, for detajnieing from him a great 
part of his wages, and Salary due to him, for seuerall 
yeares, dureing which he did exercise his Ministerie 
in those Islands. We referred the further Examin- 
ation thereof, to such fitt persons, both Diuines and 
others, as we thought good, fforasmuch as we fynde by 
CertifRcate retourned to the Board vnder the hand of the 
greatest parte of the said Referrees, that ther is a good Arreire 
of Salarie due to the Petitioner and that an Imposition of iijc^. 
the pound had beene layd by the Company vpon everie mans 
Tobacco there, pretending the same to be for the better main- 
tenance of theire Ministers (which Imposition had beene 
accordingly leavied and accounted, to the Company here, 
amounting to aboue 2000i!. sterhng). [The Commissioners, 
or any three of them are required] to examine the truth 
therof and accordingly to make Certifficate in writing to this 
Board. [p. 665. ^ 2.] 

[C.S.P. I. p. 72] 

[135.] Whitehall, 28 February: Present:— The Arch- 
bishop of Canterbury, The Lord Keeper, Lord President, Duke 
of Buckingham, Lord Carewe, Mr. Treasurer, Master of the 
Wards, Mr. Secretary Morton, Mr. Chancellor. 

[A Warrant is directed to the Vice-Admirals of Corn- Newfound- 
wall and Devon, or their Deputies, the Mayors, Magistrates, ''^'^'^• 
Customers, Comptrollers, and all others his Majesty's Officers, 
to whom it may appertain within the several ports of 
Plymouth, Dartmouth, Barnstaple, and other the western 
ports, charging them, that whereas] the Marchaunts and 
owners of Shipps, ymployed in the Annuall fishing voyage, to 
Newfoundland, (which takes upp greate nombers of Marriners) 
doe hasten theire said Voyage this yeare, a month sooner 



Bermudas. 



Newfoiind- 
land. 



Newfound- 
land. 



84 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625. 

than they neede, or have formerly been accustomed, of purpose 
as is conceived to prevent a Presse, which they feare, of some 
of theire Marriners, for the furnishing of the Kings Shipps, 
and the rest of the ffleete now in prepareing here, [no such 
ships are to be allowed to sail until April 1st, being as soon as in 
former years they have used to set forward.] [p. 677 ^ 2.] 
Another Warrant of the same Tenor directed to the 
Ports of Hampton, Poole, Waymouth and Lyme. 

[p. 678. ^ 1.] 

[136.] Whitehall, 28 February : Present : — The Archbishop 

of Canterbury, The Lord Keeper, Lord President, Duke of 

Buckingham, Lord Carewe, Mr. Treasurer, Master of the 

Wards, Mr. Secretary Morton, Mr. Chancellor. 

A letter on the behalfe of Lewis Hughes Minister, directed 
to the Master of the Rolls, Sir Thomas Smith, Sir Charles 
Mountague, Sir Nathaniell Rich, Mr. Alderman fireeman, and 
Thomas Gibbs Esqr, or any three of them ; of the same 
Tenor of the letter entred the 23th of this moneth directed 
to the Uords and others Commissioners for Virginea on the 
behalfe of the said Lewis Hughes. [p 687. ^ 2.] 

[137.] At Sheriff Parkhurst's, London, 18 March. 

[In directions for a rigorous press of seamen [pp. 698-702], 
occurs the following passage :] 

And that his Majestys Service, may not occasion the 
too long stay of the Newfoimdland fishing, you may forbeare 
to press in everie of the said shipps, one Maister, one 
Boateswaine, and one Boat-Mate, and for the rest, to take 
such care, that his Majestic being first served with able and 
sufficient men, the fishing may alsoe proceede [p 701. U 1.] 

[138.] Lambeth, 23 March : 

A letter to the Mayor of Plymouth and Sir John EUiott 
and James Bagge, Vice-Admiralls of Devon, [commanding them, 
in spite of the letter of the last of February,] to release and 
discharge the Shipps called the Arke, the George, the Wrenn, 
and the Uttle Barke called the Anne, riding at Plymouth, with 
all their Marriners, and Carpenters. [p 709. ^ 2.] 



1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 85 

[139.] Whitehall, 25 March: 

There was this dale read at the Board a Petition in the Tobacco 
name of the Grocers Apothecaries and Druggists of the Cittye 
of London and signed with very many names humbly 
shewing, that whereas his Majestie by his Proclamation dated 
the 29th of September last did commaund that all Tobacco 
being not of the proper growth of the Colonies of Virginia 
and the Sumer Islands, which should then be remayning or 
brought in before the 20th daie of October next ensuing 
the date of the said Proclamation should be brought to the 
Custome house and there marked and sealed by certaine 
persons assigned for that purpose by his Majestie, and that 
after the said 20th of October no other Tobacco but of the said 
Plantations should bee imported. And further shewing that 
the said Petitioners haue in obedience to his Majesties 
Proclamation forborne to import any other Tobacco since the 
said daie hmited vnto them, and did before the said 20th of 
October cause great quantities of other Tobacco which they 
then had in theyr handes to bee sealed and marked accord- 
ingly. But that it hath not beene possible for them to 
make sale of all the Tobacco so marked and sealed within the 
time limited vnto them by the said Proclamation And doe 
therefore humbly desire, that by their Lordshipps mediation 
the Petitioners male haue a longer time giuen vnto them for 
the sale of their Tobacco so marked and sealed, or else to order 
that his Majesties Agentes for the Tobacco of the said Plan- 
tations may take the said Tobacco of their handes at the prices 
paid for the same by the said Petitioners. Their Lordshipps 
doe order that the consideration heereof and of all the other 
partes of the said Petition shalbe referred to the Comissioners 
of the said Plantations of Virginia and the Sumer Islands 
to call the said Petitioners and the said Agentes of his Majestie 
before them, and to settle a course with satisfaction of both the 
said Parties, if they can, or otherwise to certifie how they 
find the said busines to stand together with their opinions 
what they conceaue fitt to bee done therein. 

[p. 709. H 3.] 



Newfound- 
land. 



86 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625. 

[140.] Whitehall, 28 March : 

Eight letters of the tenor following directed to the Vice 
Admiralls of Cornwall and Deuon or theire Deputies the 
Mayors or other officers of BristoU Plymouth Dartmouth, 
Barstable Hamton Poole Waymouth and Lyme or to the 
officers of any the Westerne Ports. [In consequence of the 
sudden death of the King, the Newfoundland fleet is not to 
sail before April 10th, unless the press be fuUy and effectually 
performed before that date. A special clause exempts from 
this the four ships mentioned in the letter of Maroh 23rd.] 

[P 712. U 2.] 

[This item is also found in Charles I., Vol. 1. fo. 3^.] 



Virginia. 



Virginia. 



CHARLES I. VOLUME I. (27 March 1625-17 July 1626.) 

[141.] Whitehall, 1 April: 

[Captain Whitaker has come from Virginia with a quantity 
of tobacco, which he claims as his own, and of which he wishes 
to dispose. The Solicitor General affirms that Whitaker has 
no right to it, because he was sent and employed into 
Virginia, as a servant to the late Company. The case is 
accordingly referred to the Lords and other Commissioners for 
Virginia, to report to the Board. In the meantime, the 
tobacco is to remain on ship -board.] [jo. 11''- If 2.] 

[142.] Whitehall, 11 April : Present— Lord Treasurer, 
Lord President, Lord Chamberlaine, Lord Conway, Mr. 
Chancellor of the Exchequer, Master of the Rolles. 

This day the Committees specially appointed by his Majesty 
to consider of the businesses concerning the Plantation of 
Virginia, entring into debate about the Contract now in hand 
concerning the importation of Tobacco out of Virginia, and 
the debarring of the same to be imported from all other places, 
Manie of those who were of the Lato Companie of Virginia being 
present, and also diners of the Commissioners for Virginia, 
and others being also present, And both parties desirous to 



1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 87 

haue that done which might best sorte to the good of the 
Plantation, and that which with honor might aduance most 
profit to his Majesty, Some thing was handled touching a 
Contract intended about the Tobacco of Virginia, wherein 
diuers exceptions were taken by those that late were of the 
Companie of Virginia, but the draught of the contract 
intended, not being then in a readinesse to be shewed, nor 
any other offer prepared by them of the late Companie of Vir- 
ginia, to be made, that might be better for his Majesties seruice, 
and more good to the Plantation ; The Committees thought 
fit and haue so appointed, for the better effecting hereof : 
That the Erie of Dorset, the Lord Cauendish and the Lord 
Sheffield, being now present, and hauing bene formerly of the 
late Companie of Virginia, or any of them, shall haue Uberty 
and power to convent and call vnto them, such and so many 
persons that were of the said late Companie of Virginia, as 
they shall thinke fit and convenient to be assembled, to 
conferre and agree vpon an offer to be made by them concern- 
ing Tobacco. And withaU to giue their opinions which ia 
the best course to be taken for the gouuernment of the Plan- 
tation in Virginia. And for the other parte, Mr. Sohcitor 
general! Sir Nathaniell Rich, Sir John Worstenholme, or any 
of them, shall haue lyke power to call vnto them, or any of 
them, such persons as they shall thinke fit and convenient 
to the end aforesaid. And both parties are to attend the 
Committees with their seuerall offers in wryting, on Monday 
next at twoe of the clock in the afternoone at Whitehall. 

Ho. 16.] 

[143.] Whitehall, 16 April : 

A warrant of Protection for Captain Haruie with generall Virginia, 
directions : — Whereas Captaine John Haruy, being lately 
retourned out of Virginia, is to attend this Boarde for the 
discouverie of some things concerning his Majesties service 
in that Plantation, and doubteth he may be arrested for 
some debts, which he hath disabled himseff to discharge by 
his retourne thence after a short tyme : [he is to be secured 
from arrest or molestation for three months]. [/o. 18 . II 1.] 



88 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625. 

[144.] Whitehall, 18 April : 
Tobacco. Whereas Captaine John Haruie hath lately brought a great 

quantyty of Tobacko from Virginia which is still aboarde the 
Ship wherein it was laden, which Ship doth now ride at the 
Cowes. Vpon his humble suite, it is this day thought fit and 
Ordered, that he may land the said Tobacco, and put it into 
such a place, as hee shall thinke most fit, for the better 
keping and preseruing of the same. Provided neverthelesse, 
that hee shall not dispose thereof by sale or otherwise, vntill 
he shall receiue other Order from the Boarde. 

[/o. 19^ T[ 1.] 
[145.] Whitehall, 18 April: 

Tobacco. [Lest his tobacco may take hurt on ship-board] and the 

condition thereof be much impaired. . . . Captaine Whitaker 
may bring the same on lande, and put the same tobacco in such 
a place, with the consent of the Farmers of his Majestys 
Customes, as he shall thinke fittest, for the better keeping 
and preserving of it, provided, that he shall first give 
sufficient security to the Officers of his Majestys Customes in 
the Port of London, not to dispose thereof by sale or other- 
wise, but to keep it whole and entire, untill hee shall receiue 
other Order from the Boarde." [fo. 19^ ]{ 2.] 



[146.] WhitehaU, 20 AprU: 

Tobacco. [Captain Harvey is permitted to] sell so much of the said 

tobacco, as shall amount in value to the summe of five 

hundreth pounds, for the payment of his Mariners and other 

private charges." [/o. 20. ^ 1.] 

[147.] Whitehall, 22 April : Present :— Lord President, 
Lord Chamberlain, Erie of Montgomery, Mr. Chancellor of 
the Exchequer. 

Virginia. A Letter to the Lorde Conwey and the Lorde Carewe, 

[instructing them,] in the businesse of Virginia . . to take into 
consideration that parte which may concerne the securitie 
and safety of the places and persons that shal be there ; 
what fforts and places of strength are to be erected and main- 



1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 89 

tained there : And lastly to give an estimate what present 
charge those things will require, and how much annually, to 
maintaine them ; [and to report thereon.] [p 22''. ^ 1.] 

[C.S.P. I. p. 73.] 

[148.] Whitehall, 24 May : Present : — Lord Arch Bishopp 
of Canterburie, Lord Treasurer, Lord President, Lord Pryuy 
Seale, Earl Marshall, Lord Chamberlaine, Lord Chancellor of 
Scotland, Earl of KeUie, Lord Conway, Mr. Treasurer, Mr. 
Comptroller, Mr. Chancellor of the Duchie. 

Vpon seuerall petitions presented to the Board by diuers Tobaocio. 
Planters and Marryners lately come from Verginia wherein 
they were humble Suitors, for the obtayning of leaue to vtter 
and sell for their best proffitt and advantage such quantities 
of Tobacco of the groath of Virginia, as they or any of them 
had brought over with them. In the venting whereof they 
were now hindred and restrayned, to the great damage and 
almost vndoing of most of them as was alledged, the same 
being their whole meanes and Ijnielyhood Their lordshipps 
vpon full Debate and Consideration had thereof haue in fauour 
of the petitioners for their present releif and Comfort, thought 
fitt and hereby ordered, that they and every of them, shalbe 
at libertie to vtter and sell, all such quantities of Tobacco, as 
they haue brought over of the groath of the foresaid Plan- 
tation, they first satisfying and paying for the same to the 
Collecter or Collecters of his Majesties imposts vpon Tobacco — 
9d. — vpon each pound for Impost, and to the ffarmors of his 
Majesties Customes 3d. vpon the pound, for Custome, And 
for the better encouragement of all English planters to goe' 
on ChearfuUy in the advancing of any the Enghsh plantations 
Their lordshipps haue lykewise thought fitt and ordered, that 
thease Instructions following be strictly obserued and putt in 
Execution viezt 

That all Tobacco whatsoever, which shall not be of the 
groath of the English Plantations, be vtterly prohibited to 
bee imported into this Kingdome 

That noe Tobacco be suffered to be planted within this 
Kingdome 



90 ACTS OF THE PRIVY COUNCIL (C0L0NL4L). [1625. 

That all Tobacco of the groath of any English Plantations 
whatsoever be brought into this Kingdome 

Lastly whereas it was now informed, by some of the 
Planters that Spanish Tobacco was frequently vented in diuers 
shopps, and other places vnder the name of Virginia and 
Bermoodos Tobacco to the great preiudice of those Plan- 
tations, and defrauding of his Majesties Proclamation pro- 
hibiting the same. Their lordshipps for the better discovery 
and reforming of the said abuse doe hereby Declare and Order, 
that the discouerer shalbe well rewarded, and every such 
Offendor seuerely punished, vpon information thereof at any 
tyme giuen, and prooved before this Board.* [fo 53.] 

[149.] Star Chamber, 31 May : 
Bermudas. [The permission to sell their tobacco granted to the Vir- 
ginia planters on May 24, is extended to those from the 
" Bermoodus or Sumer Islands."] [/o. 62". ^f 1]. 

[150.] Southampton, 30 August : Present— Lord Keeper, 
Lord Treasurer, Lord Duke [Buckingham ?], Earl of Carlile, 
Earl of Holland, Lord Conway, Mr. Treasurer, Mr. Comptroller, 
Master of the Wards, Mr. Chancellor of the Exchequer. 
West Indies. Whereas Thomas Warner at the Charge of Raphe Merifield, 
haueing lately discouered towards the Continent of America 
fower Islands vizt S'. Christophers alias Merwarshope, Meuis, 
Barbador, and Monserate inhabited by Savage people, and 
not in the possession or gouemment of any Christian Prince 
or State, and haueing begune a Plantation, and Trade there. 
Hath beene an humble Suitor to his majestie, to take the 
said Islands into his Royall Protection and to grant Lycence 
to the said Raph Merifeild his Partners and Agents, to traffique 
to and from the said Islands paying the Customes Due, and 
to transporte men, and doe all such things as tends to settle 
a Colony and advance Trade there. And alsoe to grante to 
the said Thomas Warner, and in Case of his Death to John 

• Numerous trials for fraudulent importation of Spanish tobacco are entered ; 
though if talien on prizes permission to sell it was usually given to the captors 
e.g. Charles I. Vol. U., part i., fo. 105. 



1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 91 

Jeaffreson dureing pleasure the Custodie of the said Islands 
and to gouerne and rule all persons there, and to punish the 
disobedient, and by force to represse all such as shall seeke 
in hostile manner to invade the said Islands. And lastly to 
giue power to the Englishmen there resident, after the death 
of the said Warner and Jeaffreson from tyme to tyme, to elect 
a newe Lieutenante, who by his majesties grante mought haue 
and Exercise, dureing his majesties pleasure, the lyke power 
and authoritie as is lymited to the said Warner. Theire 
llordshipps did thinke fitt, and this day order, that his majestie 
be mooved to passe such a graunte as is desyred. Whereof 
his majesties Atturney generall is to take notice, and to prepare 
the same readie for his majesties Royall Signature. 

[fo. 103. H 2.] 

[151.] Southampton, 7 September : 

Whereas a petition preferred to his Majestie by the Maior Plantation 
and Burgesses of Portsmouth was this daye reade att the 
Boord for renewinge of their Previledges, with Addition of 
some other by advice of his Majesties Counsell learned att 
iawe, with an humble request likewise to grant vnto them that 
all Tobaccoe brought into this Kingdome might bee vnladed 
there, and not ellswhere. And that the Companies tradinge 
for newe England might sett fourth theire Shippinge from the 
saide Porte only ; And that his Majestie would bee pleased 
to grant the libertie of prizage to that Porte, which is granted 
to the Towne of Southampton (whereof Portesmouth is a 
member). . . It was this daye ordered that the Lord 
Treasurer and Chancellor of the Exchequer should take the 
saide severall requestes into theire Considerations, and Re- 
porte their opinions thereof vnto the Boord. [/o 112. ^ 1.] 

[152.] , 12 September : 

[In a letter authorising a press of 500 seamen, occurs the Newfound- 
statement that the Newfoundland fleet is instantly expected, 
and that the men are not to be allowed] to slipp away untiU 
the saide Mathewe Brook can come unto you for the Prestinge 
of them. [/o. 118^] 



92 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625. 
[153.] Wilton, 12 October : 

Virginia. A letter to the Mayor and Aldermen of Southampton. 

[Commends the zeal with which they] set forth a ship of three or 
foure hundreth tuns for the better supply of the Colonie of 
Virginia, besides that Ship which Mr. Pescod is now presently 
setting forth . . . But withall, we must require you to dispatch 
and hasten the sending of the ship, in regarde the wants of the 
Colonie are so great, that vnlesse his Majesties subiects there, 
receiue tymely supply, and reliefe, it may hasarde the over- 
throwe of the whole businesse, and make frutelesse aU the 
charges, and labour of so many yeares. [fo. 129". *^ 2.] 

[154.] Salisbury, 24th October : Present : — Lord Treasurer, 
Lord Priuie Seale, Erie of Carlile, Lord Conway, Mr. Treasurer, 
Mr. Comptroller, Mr. Chancellor of the Exchecquer, Lord 
Chamberlaine. 

Virginia. To the gouuernor and Counsell in Virginia. The present 

miserie and wants of that Collonie, for ApparreU, Armes, 
Munition tooles and other necessaries, hau'e bene related at 
large both to his Majestie and this Boarde ; whereupon his 
Majestie hauing bene pleased to demande our aduise, and 
vnderstanding the great necessitie of sending speedy rehef 
for the support of the Plantation, out of that royall care 
wherewith hee tendereth the good of his louing Subiects there, 
hath commanded that the best and readiest meanes be vsed, 
whereby they may be accordingly reheued ; To which ende 
order is taken with his Majesties gratious approbation for the 
remitting of the imposition vpon Tobacco, already imported 
from thence vnto seueraU persons, who haue vndertaken to 
cary ouer those necessaries aforesaid, the same to be solde at 
reasonable rates, to the Planters there. And for the same 
purpose, this Ship is now presently set forth, laden with 
Munition, Aparrell, and other prouisions, to be solde likewise 
vnto the said Planters there, at indifferent prises ; Atid for a 
further reliefe, the Towne of Southampton vpon the persuasion 
of our very good Lorde, the lord high Treasurer, seconded 
by letters from this Boarde, hath also vndertaken to set 



1625.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 93 

forth with all expedition another Ship of 80 Tuns, laden with 
the like Commodities, so as wee conceiue that by these and 
other meanes, the wantes of the CoUonie wilbe supplyed, vntil 
the next Spring, at which tyme his Majestie who hath taken 
into his Princely consideration, how much it tendeth to the 
glorie of God, his owne honor, and the generall benefit of his 
Kingdomes, that so good an action should be cherished, and 
throughly aduanced, doth gratiously intend to take such 
effectual! order, that the said CoUonie shalbe effectually sup- 
plyed, and peopled, and the gouuernment setled and established 
in such manner, that euery Man shall haue his particular righte 
preserued for the enioying of landes, goodes and whatsoeuer 
els may iustly belong vnto him, and likewise in generall the 
Planters shall holde aU such reasonable priuileges, as they haue 
formerly enioyed, with an addition of their immunities, that 
shalbe founde requisite, and may lawfully be granted, them, 
neither shall any man haue power to force any contracts vpon 
them for their Commodities, but they shall haue free trade 
and liberty to make the best of their owne labours, and for 
their better aduantage, enioy the benefit of the sole impor- 
tation of Tobacco, but with these conditions, that they shall 
sell it alwaies at a reasonable price, and that whereas now 
they employ their whole Industrie in excessiue planting thereof, 
neglecting other things, they shall Ukewise vse their best 
endevors, to bring all other Commodities of that County to 
perfection, as Corne, Wine, Silke, Cotton, Salte, Salt-fish, 
fflax Hempe, Indico, Woade, Madder, and the hke, wherein 
that they may proceede with the more alacrity wee wilbe 
humble sutors to his Majestie, that he wilbe gratiously pleased 
to ease or fauour them in his Majesties imposition, vntiU the 
same may be brought to full perfection. And for the pre- 
uenting of all factions [? factious] apprehensions, and feares 
that might discouurage them, his Majesties pleasure is that no 
person of whom they haue heretofore iustly complained, shall 
haue any hande in the gouuernment, either here, or there, and 
it is his farther pleasure, that they shalbe gouuerned by the 
same lawes as his other Subiectes are, and enioy the same 
freedomes. Now whereas it highly concemeth both the safety 



94 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1625. 

and benefit of the CoUonie, that the Sauuages who cannot 
be woone by faire meanes, be subdued by force, as likewise 
that the country be discouuered, as well within the lande as 
all along the Sea-coste, whereby also the trade of ffurrs may 
be vphelde, if his Majestie shall finde such diligence in the 
Planters, that they vse their best endevors, for the perfecting 
of so good an Action, he doth in like sorte gratiously intend to 
send ouer Soldiers with Armes and Munition, and to take 
order that nothing shalbe wanting whereby a full discouuerie 
may be made, and will also be at some charge, for the 
fortifying of the Country against a forraine Enimie. And 
wee doubte not, but that the CoUonie shall in the meane 
tyme be strenghtened by the coming ouer of more people, 
who shalbe encouraged to goe thether, by which meanes 
there may be at aU tymes store of Shipping in the 
Riuer there, as a ready helpe for defense vpon any 
attempte. These things wee haue thought fit to signifie 
vnto you, and doe hereby require you, to liiake the same knoAvne 
vnto the whole CoUonie, that euery man may be the better 
encouraged for to proceede, in his good and diligent endevors 
for the publique benefit. And whereas his Majestie is 
gratiously pleased, to autorise Sir ffrancis Wyat knight to be 
the gouuernor there, and such as are now employed for his 
Majesties Counsell there to haue autority to continue the 
same employment during his Majesties pleasure, his Majesties 
further pleasure is that aU iudgements and decrees, and all 
important Actions, be giuen, determined, and vndertaken, by 
the aduice and voices of the greater parte. And that all be 
done in his Majesties name, who out of his Princely care of the 
good of that CoUonie, doth take all the Country and people 
into his royaU protection, and gouuernment. Lastly wee require 
you to certifie hither the tytles and Estates of aU such as 
claime to be owners of inheritances of lands, the seuerall 
quahties and names of those lands, and what lands were not 
assigned by the late Corporation, and by whom the same 
are now held and manured, to the ende that if they ly waste, 
his Majestie may sende able persons to manure them, and 



1625.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 95 

further to signifie vnto vs what Maisters of famelies are there, 
to whom Estates of lande may be disposed of by his Maiesty, 
and also to aduertise what nomber of Soldiers is requisite for 
Garnisons there, and any thing els that may conduce to the 
setling of a firme Plantation, and make for the good of that 
Country and the honor of his Majesty. And wee farther require 
you to forbeare the granting or appointing of anie Officers for 
any longer tyme, then during his Maiesties pleasure. 

f/o 147. H 3.] 

[155.] Salisbury, 24 October: Present — Lord Treasurer, sir George 
Lord Priuie Seale, Erie of Carlile, Lord Conway, Mr. Treasurer '^'^'^ ^^' 
Mr. Comptroller, Mr. Chancellor of the Exchecquer, Lord 
Chamberlaine. 

Whereas Sir George Yeardly knight hauing for diuerse 
yeares beene Gouuemor of Virginia is now come over into 
this Kingdome abut the publique seruice of that Country, 
and therefore may haue occasion to trauaile into diuerse places 
of this Realme about seuerall afEayres, wherein he is 
employed, in which he may .doe good seruice vnto his Majesty 
and the State : And forasmuch as the saide Sir George may 
doubt that in regarde of manie seuerall accidents which might 
happen during the tyme of his late Gouuernment in Virginia 
aforesaide, he may be troubled by arrests vpon some pre- 
tended debts or otherwyse hath therefore beene an humble 
sutor to be protected by the autoritie of the Boarde for the 
space of one whole yeare : In regarde his seruice is vsefuU 
for the good of the state, we thinke fit to graunt this his humble 
Sute, and doe hereby streightly charge and require all his 
Majesties Officers and louing subiects and every of them 
whom it may conoerne, to forbeare the lajring of anie Arrest 
vpon him, or otherwyse to molest him during the terme afore- 
saide, whereof they nor any of them may faile as they wiU 
answeare the contrarie 

The lyke Protection for Robert Guyer shipmaster bound 
for Virginia. ifo 149. 1} 2.] 

[156. J Reading, 14 November : Present— Lord Treasurer, 
Lord President, Earl Marshall, Lord Chamberlaine, Earl of 



96 ACTS OF THE PRIVY COUNCIL (COLONIAL), [1625-6. 

Montgomerie, Earl of Carlile, Earl of Kelley, Mr. Treasurer, 
Mr. Secretary Coke. 

Virginia. An open warrant as foUoweth. Whereas we vnderstand that 

ther is an English Shipp called the Virgin to be set forth from 
Southampton, well victualled and manned, readie to put to 
Sea, and bound for Virginea, wherof his majestic hath taken 
knowledge, and weU approved, we vpon signification of his 
majesties pleasure on that behahe, haue thought fitt hereby 
to wiU and require, all Mayors SherrifEs, Justices of peace Vice 
Admiralls, BaylifEs, Constables, Head borroughes, and all 
other his majesties officers and loueing Subiects whom it 
may concerne, to forbeare, to giue interruption, to theire 
said Voyage, either by impresting any of the Mariners, or Sea- 
men, belonging to the said Shipp, or by any other impediment 
whatsoever. Hereof neither they, nor any of them may fayle 
at theire perihe. [/o IfiS. last ^.] 



[157.] Hampton Court, 16 December: 

Virginia. Twoe warrants of the tenor of the warrant entered the 14th 

of Nouember last ; The one to free the Mariners and Seamen 
of the Shipp called the Anne (of the burthen of 160 Tonnes, 
wherof James Carter is Master bound for Virginea) from 
imprestinge &o The other on the behalfe of the Shipp called 
the James, of the same burthen, (wherof Tobias ffelgate is 
Master) bound for Virginea as aforesaid. [/o 184\ ^ 3] 

[158.] Whitehall, 28 February : 
Virginia. A letter to Sir Francis Wiatt Gouemor in Virginea. 

Whereas wee are giuen to vnderstand by sundry of the Virginea 
Aduenturers, of one Abraham Peirce, now resident in Vir- 
ginia to whose disposeing long since they committed a great 
Magazine of goods, but he being now gotten thether, and 
knowing himself to be out of their reach, kepeth possession 
of their goods, without making them satisfaction, wee are 
therefore moued for the better encouragement of the 
Aduenturers to write vnto you, and to will you, to cause the 
said Peirce to send them satisfaction, according to his agree- 



1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 97 

ment with them, by the first retourne of Shippinge to London, 
which agreement the said Aduenturers will make appeare 
vnto you by their letters, which if he shall delay or refuse to 
doe, that then you cause himself to answere their demands, 
and in his owne person to come hether in the first returne of 
shipping, they haueing no other remedy but by this meanes 
to gett satisfaction at his hands. [fo. 240. ^ 2.] 

[159.] At the Lord Mayor's, 18 March : 

An open warrant with generall directions. Whereas Sir New 
Walter Earle, Sir Richard Strode, and divers other gentlemen °^ '^'^ ' 
and Marchants Adventurors and Planters in new England, 
haue made humble Suite vnto vs, for our Lycence, freely to 
transporte, out of this kingdome, vnto the Plantation of New 
England, the nomber of twentie Rother Cattell, by the increase ■ 
whereof tillage might be furthered, and the Planters enabled, 
by this meanes, in some reasonable tyme, to subsist of them- 
selues, without transportation of VictuaUs, out of this king- 
dome for theire sustentation, . . . the said persons are 
to be permitted to transporte the same. [/o. 254. 1| 4. J 

[160.] At the Lord Mayor's, 20 March : 

[An open warrant similar to 156 in favour of a ship called] Bermudas, 
the Victorie, of the burthen of 150 Tonne (whereof William 
Kempthome is Master) weU victualled and readie to put to 
Sea bound for the Somer Islands. [/o. 256. Tj 1.] 

[161.] Whitehall, 15 April: 

A letter to the Earle of Totnes Master of the Ordinance Virginia, 
[directing him] to haue ten BarreUs of Gunpowder dehuered 
to Sir George Yardley Knight to bee transported to Virginia, 
and imployed in his Majesties seruice there. [fo. 300*.] 

[162.] Whitehall, 19 April : 

Instructions from the- Lords of his Majesties most Virginia. 
honorable priuy CounceU to Sir George Yardley Knight 
Gouemour of Virginia and to the CounceU of State there. 

1 That you Sir George Yardley doe use your best 



98 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626. 

endeauors to bee ready with such Shipps and Vesselles, men 
and prouision as you haue furnished for that purpose vpon 
the first faire winde and weather to put to Sea, and to sails 
directly for Virginia, vnlesse you shall finde it requisite for 
the good of the Plantation and peoples healths to touch at the 
Somer Islandes by the way, whence after you haue refreshed 
you shall proceed on to Virginia, And vpon your arriuall there 
according to your Comission graunted by his most excellent 
Majestic vnder the great Seale &c take vpon you the present 
gouernment of that Collonie. 

2 That in the first place you bee carefuU Almighty God 
may bee duely and daily serued, both by yourselfe and all 
the people vnder your Charge, which may draw downe a 
blessing vpon all your endeauors. 

3 That you faile not by the first Shipp to send vs a List 
of all the seuerall Plantations, the place where they are planted, 
the distance betweene the Plantations, the number of the 
people in euery Plantation distinguished by their Sexes, ages, 
professions and Conditions, and also by the place of euery 
ones birth, and the names of their Parentes heere in England ; 
what Armes, Munition, Boates or Shipps, Dwelhng houses 
and other buildinges, what impaled groundes, prouisions of 
food or store of tame Cattell are in euery of the said Plan- 
tations. 

4 That you diligently and particularly inquire by oath 
and all other lawful! meanes what landes, goodes. Seruantes, 
Tenantes, houses, Boates, Shipps, debtes &c were in Nouem- 
ber ]623 belonging to the late Company how and to whome 
they haue since beene disposed, by what order and authority 
they haue beene so disposed, and what you shall finde remayn- 
ing, to reserue to the pubhque use. All which you are to 
certefie vnder your hand, and the Seale of the Collonie. 

5 That all new Commers bee well entertained and lodged 
in houses by the ould Planters, till they can house themselues, 
that they bee not suffered to sitt downe straggling, but injoyned 
to Hue by those already planted, or in sufficient numbers 



1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 99 

by themselues, And if they bee vnprouided of landes fitt to 
manure, then to bee permitted to sett downe vpon the Com- 
panies land, vpon the Conditions expressed in the Treasurer 
and CounseUs letter sent immediately after the massacre in 
August 1622. 

6 That aU new Commers bee exempted the first yeare 
from going in person or contributing to the warre, saue onely 
in defence of the place, where they shall inhabite. And that 
onely when the enemye shall assaile it, but all others in the 
Collonie shalbe rated to the maintenance of the warres pro- 
portionably to their abiUities, neither shall any man bee priui- 
ledged from going to the warrs, that is aboue 17 years oulde, 
and vnder 60, respect being had to the quallitie of the persons, 
that Officers bee not forced to goe as priuate Souldiers, or 
in places inferior to their degrees, vnlesse in case of extreame 
necessitie. 

7 That the Marchant bee not constrained to take 
Tobacco, at 3s. the pound in exchange for his wares, but that 
it bee lawful for him to make his owne bargaine for his goodes 
hee so changeth, notwithstanding any Proclamation there 
pubhshed to the Contrary. 

8 That you call for the Charter parties, that the Masters 
of Shipps bring along with them, and strictly examine whither 
they haue truely performd the Conditions of their Contractes, 
especially to inquire whither they haue not pestred their 
Shipps with Passengers, and whither they haue giuen suffi- 
cient and wholesome food and drinke during the voyage, and 
as you finde to certefie the Uords of his Majesties priuy 
CounceU, or the Comissioners for Virginia. 

9 That you bee Carefull that the good Shipp the Anne, 
wherein you are to imbarque your seKe and the James that 
goeth in consort with you bee not pestred with Passengers, 
and that the Masters of the same Shipps doe giue the said 
Passengers sufficient and wholesome food and drinke during 
the voyage. 

10 That in reguard you may daily expect the Comming 
of a forreigne Enemye, Wee require you soone after your first 



100 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626. 

landing that you publish by Proclamation through the Collonie, 
that no person whatsoeuer vpon the arriuaU of any Shipp 
or Shipps shall dare to goe aboard without expresse warrant 
from you the Gouernor and CounceU least by that meanes, 
they bee surprized to the great preiudice, if not the ouerthrowe 
of the whole Plantation. 

11 To auoyd that intoUerable abuse of ingrossing Com- 
modities and forestalling the Markett, that you require all 
Masters of Shipps, not to breake Bulke till their arrmall at 
James Cittie, or otherwise without especiall order from you 
the Gouernor and Councell. 

12 That you indeauor by seuere punishment to suppresse 
Drunkenesse, and that you bee careful! that the great quan- 
tities of wine and strong drinke bee not sould into the handes 
of those that are likeliest to abuse it, but that as neere as you 
can it may bee equally disposed for the comfort and reliefe 
of the whole Plantation, And if any Marchant or other for 
priuate lucre shall bring in any rotten or vnholesome wines 
or strong drinke, such as may indanger the healths of the people, 
that you suffer it not to bee sould there, but to cause them 
to shipp it backe againe. 

13 And whereas your Tobacco falleth euery day more 
and more to a baser price, Wee require you to use your best 
indeauor to cause the people there to applie themselues to the 
raising of more staple Commodities, as Ukewise to the impaling 
of Gardens and Orchardes, and inclosing of groundes for all 
manner of Cattell, whereby the store of the Countrey may bee 
aduanced in aboundance. 

14 That you cause the people to plant such store of Come, 
as there maye bee a whole yeares prouision before hand in the 
CoUonie, least in relying vpon one single Haruest by Drought, 
blasting or otherwise they faU into such wantes and famines, 
as formerly they haue endured. 

15 And that you may the better auoyd the Treachery of 
the Sauages, and preuent such dangers as heeretofore haue 
fallen vpon the Countrey, Wee strictly forbidd all persons 



1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 101 

whatsoeuer to receiue into their houses the person of any Indian 
or to parley, conuerse or trade with them, without the speciall 
Ucence and Warrant giuen to that purpose according to your 
Comission inflicting seuere punishment vpon the Offendors. 

16 And whereas by the last letters from Virgmia, Wee 
are giuen to vnder stand that of those, that are now nominated 
for Councellors there, some are dead and others are comming 
home Wee doe authorize you the Gouernor to make choyce 
of such as you in your Judgment shall thinke most fitt to 
supply their places, and to administer to them an oath, as 
you are directed by your Comission, that so in these dangerous 
times there may not bee wanting a sufficient number to 
gouerne in the affaires of that CoUonie, as also to minister 
the Oaths of Allegiance and Supremacye to all such, as come 
thither with an intention to plant and reside there, which if 
any shall refuse hee is to bee returned and Shipped from thence 
home, the same oaths to bee administred to all other persons, 
when you shall see it fitt, as Marriners, Marchantes &c to 
preuent any danger by Espyes. 

17 And to conclude that in aU thinges according to your 
best vnderstanding you indeauor the extirpating of Vice, and 
th' encouragement of vertue and goodnes. 

Signed by the Lord Keeper, Lord Treasurer, Lord Priuy 
Scale, Lord Chamberlaine, Earl of Mongomery, Earl of Kellye, 
Lord Conway, Mr. Treasurer, Mr. Comptroller, Mr. Vice- 
Chamberlaine, Mr. Secretary Coke, Mr. Chancellor of the 
Dutchye. [//• 303-304.] 

[C.S.P. I. vp- 79-80.] 

[163.] Whitehall, 19 April: 

[A letter to Captain Henry Woodhouse, Governor of the Bermudas. 
Bermudas, requiring him to assist Sir George Yeardley 
with plants and other necessaries, fit for the use of Virginia.] 

\jo. 304^ \ 1.] 

[164.] Star Chamber, 3 May : 

[A petition is presented by Ralph Merifieid, gentleman. 



102 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626. 

remonstrating that a Dunkirker prize taken on the way to 
the Downs by virtue of Letters of Marque by Captain 
Warner, the commander of his expedition to the new planta- 
tion in the Caribbee Islands (2 small ships), had been taken 
from him by Vice-Admiral Sir Henry Palmer, who required 
him to clear the prize in the Court of the Admiralty. As 
one of his own vessels is leaky and they are somewhat over- 
charged with men and provision, he seeks redelivery of the 
prize that He may use it to transport some of the men and 
supphes. To prevent a long delay, and considering that 
Merifield and Warner have already given bonds of great value 
to the Admiralty, the petition is granted on further security 
being given.] [/o. 322 ]f 1.] 



[165.] Whitehall, 7 July : Present — Lord Treasurer, Lord 
President, Earl of Bridgwater, Earl of Totnes, Lord Conway, 
Mr. Secretary Coke. 

Virginia. A letter to the Gouernour of Virginea. Wheras we haue beene 

given to vnderstand, that ther is a greate abuse practized, by 
those of that Plantation in transporting and venting (much 
more frequently then heretofore) theire Tobacco into the 
Lowe Countries, and elswher, wheras the same ought wholy 
to be brought into this Kingdome, which practize appeares 
to be verifyed, aswell by the diminition of his majesties 
profitt, arriseing vpon Virginea Tobacco as lykewise by Infor- 
mation otherwise from verie good hands, both out of the 
Lowe Countries and other parts on that side : which being 
lykewise comne to his majesties knowledg he is much offended 
therat, and that with noe small Reflection of his displeasure 
vpon those vnto whom the oversight and charge, of that 
Gouernment hath beene comitted (as conceeveing it to be much 
in theire power by theire Care and authoritie to prevent the 
same). And hath therfore required vs in his name, hereby 
straitly to charge and Comaund you, that aswell by punishing 
such, as shalbe found to haue alreadie offended, or who shall 
hereafter offend in that Kind, as lykewise by such other 



1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 103 

effectual! Course, as may be thought on or devised the lyke 
abuse may be by you prevented for the tyme to come. Hereof 
his majestie and this Board, expect a Reall and dutiful! 
Account from you. [fo. 383*.] 

[166.] Whitehall, 10 July: 

A warrant similar to 156 exemptmg from impressment Virginia. 
&c. An English shipp under the Comand of Captaine 
John Prein, called the Peeter and John of Ijondon of the 
Burthen of 220 tonne well victualled and manned ready to 
putt to Sea, and bound for Virginia which appeareth by oath 
in the Admiralty Court . . . for the better encourag- 
ment of the Planters in that worke of Plantation. 

[fo. 389. Tl 2.] 



CHARLES II. VOLUME II. (Part 1.) 
(18 July 1626-1 Jan. 1627.) 

[167.] WhitehaU, 21 July : 

A letter to the Gouemour and Councell of Virginea. Virginia. 
fEorasmuch as we are informed by a Petition exhibited vnto 
the Board by one Thomas Powell Brother and Administrator 
of the Estate of Capt. Nathaniell Powell deceased in Virginea, 
that the Company did heretofore in oomiseration of the great 
povertie of the Petitioner his brother and sisters, giue order 
vnto the Gouemour and Councell in Virginea, to cause 
inquirie to be made, what goods or debts the said Capt. 
Nathaniell Powell dyed seized of, and to cause the proceede 
thereof, to be duely retourned, to the vse of the poore men. 
And wheras the said Councell, haue certifyed by theire letters, 
to the late Company, that one William Powell, being onely 
of name but noe way of Kine, to the said Capt. Powell, tooke 
out letters of Administration in Virginea, and became bound 
with good Suirties to be answerable to the right Heires of the 
said Capt. Nathaniell Powell, for the said Estate. By Virtue 



104 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626. 

of which letters of Administration the said William Powell 
made seizure of one Capt. John Hudlestones goods, then in 
Virginea, for satisfaction of a debte of 2i0l. appeareing to 
be due and not paid partly by Bond, and partly by Comodities 
that was to be retourned that yeare, to the vse of the said 
Capt. NathanieU Powell, whervpon Captaine Hudlestone 
was constrayned, vpon Composition to deliver soe much 
goods, as amounted to 1081. 15s. lOd. : towards the discharge 
of the said Somme of 240Z. And wheras alsoe the said 
William PoweU is since Deade, and the said Capt. Nathaniel] 
Powells Estate is comne nowe, to the possession, of Mr. 
Blanye that married the wife of the said William Powell, and 
who was alsoe one of the Suireties for secureinge the Estate 
aforesaid. And forasmuch as the said Thomas Powell, being 
the elder brother of the said Capt. Nathaniell Powell, and 
haueing taken out letters of Administration, out of the Pre- 
rogatiue Courte here in London, and became bound to bring 
in a true Inventorie, and to deale vprightly, with the rest of 
his poore Brothers and Sisters, in allowing them theire iust 
Shares. Wee takeing the same into our considerations Haue 
thought good hereby, to will and require you, to take effectual! 
order, that right and Justice may be donne to the Petitioner 
his Brothers and Sisters, theire Assigne or Assignes for and 
in theire behalf e. And what you shaU fynd due to the said 
Thomas Powell his Brothers and Sisters, you cause it to be 
sent with all convenient Expedition, in good Tobacco, to the 
vse aforesaid, according to such directions and Instructions, 
as shalbe given by the the said Tho. Powell, to the said 
Assigney or Assigneys. [/o. 5. Tf 3.] 

[168.] Whitehall, 22 July: 
Virginia. An humble petition was this day presented to the Board 

in the name of Samuell sharpe gentleman, and 12 persons latelie 
arrived out of Virginia, at the Port of the Cowes in the Isle 
of Wight, in a shippe called the Temperance, in which Port 
they left the saide shippe, wherein they complaine, that by 
reason of some differences, growne betweene Marmaduke 



1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 105 

Raynor Master and Captaine William Sacar owner of the said 
shippe : theire seuerall goodes and proportions of Tobacco 
aboard the saide shippe are detayned from them, by the saide 
Sacar to theire great damage in particular, and the preiudice 
of the Plantation, for that there being now, two shipps ready 
to goe for Virginia, the petitioners intended to haue sent 
thether some suppUes by them, wherein they are now disabled 
and hindred by hauing theire Tobacco detayned from them, 
as aforesaid, And therfore humbly besought the Board to giue 
order, that theire seuerall goodes remayning aboard, might 
vppon the demand of any of them be deliuered into the handes 
of his Majesties Customers or other principall officer of the said 
Porte, or of any other Porte whether the said shippe may happen 
to be brought, vntiU they had paid both Custome and ffreight 
due for each of them. And that therevppon theire goodes might 
be deliuered them by the saide Customer or other officer 
[Their Lordships, considering the petitioners' desire to be just 
and reasonable, gave orders accordingly.] [/o. IS*". Tj 4.] 

[169.] WhitehaU, 24 July : 

Whereas Marmaduke Rayner Master of the shippe called Virginia, 
the Temperance, latelie arriued from Virginia, in the Port 
or harbor of the Cowes in the Isle of Wight, hath by Petition 
humbly complained to the Bord that Captaine WiUiam Sacar, 
owner of the saide shippe, and not hauing bin the saide voyage, 
had some fewe dayes since violenthe thrust the petitioner out 
of the said shippe and possesed himseKe, asweU of all the 
goodes and proportions of Tobacco belonging to about 13 
persons, who came as passengers from Virginia in the saide 
ship, and of other goodes consigned to diuers persons here 
in london, as also of letters to this board, from the Gouernor 
and CounceU of Virginia with diuers other letters to priuate 
men, from the aduenturers there, and that he had hkewise 
gotten into his handes to the petitioners great preiudice his 
bookes of Accompt ; all which goodes letters and Accomptes 
as aforesaid, he had detayned from the petitioner, and those 
to whome of right they belonged, to theire great dammage 



106 ACTS OF THE PETVY COUNCIL (COLONIAL). [1626. 

and hinderance. And therefore humbly sought for reliefe, 
asweU on the behalfe of the said Passengers and others owners 
of the saide goodes as of him selfe and Ukewise on the behalfe 
of the Marriners, who as he aUeadged were in great danger to 
loose theire wages (which they had dearly earned) in case the 
fEreight monyes, (out of which the marriners were to be paid) 
should come to the handes of the saide Captaine Sacar ; 
[The Board conceives that the complaint of the passen- 
gers has been settled by the order of 22 July.] But as 
for the ffreight monyes thereby ordered to be receaued by 
the Customers or principall ofi&cers as aforesaide, theire lord- 
shipps now thinke fitt and order, that it should remayne in 
the saide Customers or Officers handes for satisfaction of the 
Marriners, vnles they shalbe otherwayes satisfied, or the bord 
giue further order therein, as for the goodes belonging to the 
saide Rayner and those consigned to other persons here in 
London, and for his the saide Rayners bookes of Accompt and 
the not suffring him to come aborde to dehuer out euerie man 
his goodes, wherewith he is best acquainted, as also for the 
letters to this board, or to any priuate persons, from the 
Aduenturers in Virginia, theire lordshipps thinke fitt and order, 
that in all those particulars the sayde Captaine Sacar should 
forthwith conforme himselfe, according to the desire of the 
petition, or otherwise attend the borde, and shewe good cause 
to the contrary, hereof the said Captaine Sacar or any other 
person, whome it may concerne, are to take knowledge, and 
accordingly to performe the same, as they wiU answer the 
contrary at theire perilles. [fo 16. 

[170] WhitehaU, 31 July: 

Virginia. L^" *^6 matter of the ship Temperance, lately arrived from 

Virginia], fforasmuch as the said Capt. Saker did by petition 
this dale represent to the Board the indirect and iniurious 
Carriage and proceedings of the said Reynor in this Voyage 
first for that he being only a Hyred Master of the said Shipp 
by the petitioner who was Ownor of the same, and who intended 
himself to haue gone the said voyage, watched his oportunitie 



1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 107 

when he the said Ownor was gone ashore, and sett saile for 
Virginia leaving him behynd And for that afterwardes 
hee had sent ouer goodes in his owne name, and to his owne vse 
making the whole voyage meerly for his owne benefitt and 
not for the petitioners with other vniust deaUnges mentioned 
more att large in the said petition, and therefore humbly 
besought the Board that the buisines might be left to a legall 
proceeding. There lordshipps taking the same into their Con- 
siderations, and being satisfied with the Cause shewed by the 
petitioner being such as afforesaid. Did thinke fitt and order, 
that both parties be left for their remedie, to the ordinary 
Course of Justice Notwithstanding the said former order of 
this Board grounded vpon the petition of the said Reynor. 

[/o. 33.] 

[171. J Whitehall, 14 August : 

Whereas Sir Francis Wyatt Knight newly returned from the Virginia, 
gouemment of Virginia did this day present an humble petition 
to the Board desiring that the Impost of his Tobacco lately 
brought home by him, not exceeding ten thousand waight might 
bee remitted vnto him. Their Lordshipps taking notice that the 
said Sir fErancis did with good satisfaction and commendation 
exercise the said gouernment for diuers yeares, vnder the Com- 
panie of Virginia, and since the dissolution of the said Com- 
pany hath for diuers yeares performed very acceptable seruice 
there in the same Charge by Comission without any allowance 
from his Majestic vpon his owne Charge, doe thinke hee hath 
weU deserued the suite now by him moued and a much 
better. And doe therefore praie and require the Lord Treasurer 
of England to giue order that the Impost of his said Tobacco 
may bee discharged in recompence of his said sendee. 

[fo. 5V' . II 1.] 

[172.] Whitehall, 17 August: 

ffower letters to fower Justices of Peace in the fower Tobacco. 
Counties abouvewritten Lincolne, Nottingham, Glocester and 
Essex. Whereas . . Michael Bland of Batterby in the 
County of Lincolne . . . hath planted a great quantitye of 



108 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626. 

English Tobacco neere about the same place which by the 
great proportion thereof appeareth, not to bee intended for 
medicine but to bee taken in the pipe or otherwise as forraine 
Tobacco, [he is therefore to give two good sureties not to 
dispose of it otherwise than as the Board or the Court of Star 
Chamber shall direct. If he refuses, the tobacco is to be 
seized]. [/o. 58. last If.] 

[173.] Whitehall, 23 August: 
Sir F. [In a consideration of certain grievances of the Commons, 

Gorges. occurs] : 10""'' the Complaint against Sir fferdinando Gorges 

pattent is referred to the Commissioners for Trade. 

[/o. 67\ ^ 1.] 
[174.] Whitehall, 24 August: 
Virginia. A letter to the Earle of Totnes Master of his Majesties 

Ordinance Whereas his Majestie in whose Protection the Plant- 
ation of Virginia wholly at this time remayneth hath 
signified his pleasure vnto vs for the sending of ten BarreUes 
of Gunpowder out of his Majesties Stores to that plantation 
for defence thereof, as well against the Indians of the same 
place, as against any forraine Enemies Wee haue thought 
good heereby to praie and require your Lordshipp to cause the 
BarreUes oi Gunpowder to bee dehuered for the use aforesaid 
to bee sent by the Shipps called the Peter and John now readye 
bound thither, for which this shalbe your Lordshipps sufficient 
Warrant. [/o. 69\ last %] 

[175.] Whitehall, 31 August: Present— Lord Keeper, 
Lord President, Earl of Bridgwater, Earl of Kelley, Master 
of the Wards, Master of the Roles, Mr. Chancellor of the 
Duchy. 

Virginia. A letter to the Gouernor and CounceU of Virginea. Wheras 

we are informed that aboute eight yeares since one John 
Pountis of London Marchant was sent into Virginea, by divers 
Aduenturers for the good of that Plantation vpon a Proiect 
of Sturgeon fisheing, which cost the said Adventurer at the 
least seaventeene hundered pounds, and that the said John 



1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 109 

Pountis, after he had remayned there fiue yeares being one of 

the Councell of State, for that Plantation, was by the then 

Gouemor and Councell there, sent into England, to his then 

majestie and the llords of the Councell, as an Agent for the 

generall good of the whole Plantation, with promis of twoe 

hundered pounds, and other Rewards and allowances, for the 

defraying of his Charge, and satisfaction for his paines, which 

the said Pountis vndertooke but in his said Jorney at his 

landing in England Dyed. [The Governor is therefore 

ordered to assemble his Council], and to take such Course, as 

shalbe fitting for the Examination of witnesses and searching 

out of the particulars of the Estate of the said John Pountis, 

which being by your Care found out then to be aydeing and 

assisting vnto Richard Lother, or Capt. Tho. Prime or to any 

other, whom the said Sir Tho. Merry shall make his lawfuU Attur- 

ney in that behalf e, for the speedie recovering and gathering into 

his hands of everie the particulars of the said Estate, that the 

Retoume therof may without farther delay be made at the 

Retoume of Capt. Tho. Prim. And if you shall fynd, any 

neglect oposition or hindrance of this Course then we require 

you by all lawfuU meanes, either to remoove or redresse the 

same or els fco signifie vnto vs, the names of the opposers, and 

further to send over vnto vs, or to the said Sir Tho. Merry 

Knight true Coppies of the Examinations and depositions of 

all such witnesses as shalbe produced, for the searching out 

and discouering of any of the Estate of the said John Pountis 

either in Virginea or in England or els where, [/o. 82. last \'] 

[176.] Whitehall, 3 September : 

A warrant directed to Henry Somerscales, gentleman of Tobacco. 
the County of Nottingham or to his Deputie. These 
are to will and comande you to make your presente 
and undelayed repaire unto the house or houses of all such 
persons within the Countyes of Buckingham Lincolne and 
Yorke, or any other County Cittie or Towne within the Realme 
of England onely the Citties of London and Westminster 
or the Suburbs thereof excepted as you shall either knowe. 



no ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626. 

or be probably informed, to receive, conceale, kepe, now sell, 
or have in their custodie anie Tobacco of the English growth 
or making, or anie Spanish or foreigne growth or maldng, 
or anie Spanish or foreigne Tobacco, except onely such as is 
of the growth of the English Plantations in foreigne parts 
[All such tobacco is to be seized and a bond of £100 
apiece to be taken of its possessors to appear before the 
Board to answer for their high contempt]. [fo. ST*"- ^ 1]. 

[177.] Whitehall, 11 September: 

Virginia. A Commission to John Preen, Captaine of the Peter and 

John Whereas the said John Preene is to deliver letters of 
importance from this Boarde to Sir George Yardley knight 
the present Governor of Virginia and in the aforesaid Ship to 
transport ten barrels of powder of his Majestys guift for the 
defence of that plantation, and to command and governe the 
said Ship and Mariners, and also all the passengers shipped for 
the said voyage untill their Landing in Virginia to the number 
of one hundreth persons or thereabouts, [he is to put to sea 
with the first favouring wind, to sail direct to his destination, 
to land his letters, provisions, and passengers, and to suppress 
all disorders and mutinies both going and coming.] \fo. 95\ ^1.] 

[178.] WhitehaU, 13 Sept : 

Virginia. [A letter to Sir George Yeardley and his Council, requiring 

them to give all due assistance to George Lisle], touching 
a stock of Cattle which he pretendeth to be left him in 
Virginia by the decease of an Uncle of his in that Countrie. 

[fo. 98^ ]| 2.] 

[179.] Whitehall, 15 September: 

Virginia. [Captain John Preen, bound for Virginia, is to be allowed 

to purchase for ready money fifteen barrels of powder 
out of his Majesty's stores], because there is so great a 
scarcitie of powder at this tyme that it cannot be had in anie 
other place for money. [/o. 102''. ^ 1.] 



1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). Ill 

[180.] Whitehall, 2 November: 

AVhereas Complainte hath bin made to the Board on the Newfound - 
behaKe of Bernard Tartas, and Megelot de Pontneuf, Marriners ^^ ' 
belonging to the two shipps called the St. Leo, and the St. 
Peter of Bayon in ffrance. Shewing that the said shippes being 
laden with ffishe and Trayne oyle, brought from Newfoundland^ 
were taken by an English shippe belonging to Sir Edward 
Seymor Barronet (wherof Captaine Hart was Comander) and 
brought into Dartmouth, And that a Sentence had bin since 
obtayned in the Court of Admiraltie, in the absence of the 
Owners of the saide shippe, or any other persons interessed 
on theire behalf es. Whereby the saide shippe and goodes 
haue bin adiudged lawfuU prize, and likewise a Comission 
issued out of that Courte, to make sale of the same, [stay 
of the said sentence and commission is ordered] vntiQ the 
Complaintes allegations and proof es mav be heard before the 
Court of Admiralty. [fo. 151". Ij l.] 

On 8 November the pretended owners of the French ships 
appear, but as they produce nothing material, the seizure is 
confirmed. [fo. 154. ^ 3.] 

[181.] Whitehall, 10 November : Present : — Lord Keeper, 
Lord Treasurer, Lord President, Ijord Priuie Seale, Lord 
Steward, Earl of Carhel, Lord of Bridgwater, Lord Chancellor 
of Scotland, Earle of Kelhe, Lord Conway, Lord Viscount 
Grandison, Mr. Treasurer, Mr. Secretary Coke, Master of the 
Wards, Master of the RoUes, Mr. Chancellor of the Duchie. 

[A dispute having arisen between the inhabitants of Great Newfound- 
Yarmouth and the London merchants regarding the sale and ^^few 
transport of herrings, the Board ordered that while herrings England, 
could be bought by Enghshmen and foreigners alike, they 
should be transported in EngUsh bottoms only.] And wheras 
it was further represented to the Board, by the ffermors of 
his majesties Customes, the Masters of the Trinitie house, 
and divers principaU Marchants (then present) with many 
important and weightie reasons, and allegations by them made. 
That for the mayntenance of Shipping and Navigation, and 



112 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626-7. 

the better supporte of the Marchants, of this kingdome. It 
were necessarie that the lyke Restrainte, and Inhibition of 
transporting of Hearrings, or anj other ffish in Strangers 
bottomes, should be extended aswell to all the Ports, and 
places of fishing within this Kingdome, and the Realme of 
Ireland, as lykewise to the fi&shings by any his majesties 
Subiects, in Newfoundland and New England. Theire Uord- 
shipps haueing maturely dehberated thervpon, and knowing 
well that the preservation of Shipping and Nauigation, and 
the supporting and incourragement of Marchants by the 
excluding of Strangers from Shipping, and transporting our 
Commodities in theire Bottomes, is verie considerable, in 
reason of State, and is agreeable to seuerall Lawes and Statutes 
of this Realme, in that Case provided. Haue thought fitt and 
ordered. That noe Hearrings or any other fish whatsoever, 
taken by any his majesties Subiects. vpon any the 
Coasts or places of fishing, belonging to this Kingdome 
or within the aforesaid fishings, of Newfoundland or 
New England, shalbe from henceforth Shipt, or trans- 
ported in any Strangers Bottomes, but in English Bottomes 
onely. [The farmers and ofiicers of the Customs and all 
other his Majesty's subjects are ordered to conform themselves 
accordingly.] And for the more speedie, and effectuall putting 
in Execution of this Order. The Lord Treasurer is hereby 
prayed and required forthwith to direct his letters to all the 
seuerall Ports within this Kingdome on that behalfe. 

[fo. 160.] 



CHARLES I. VOLUME II. Pakt 2. (1 Jan.-l June 1627.) 

[182.] Whitehall, 19 January : 

Newfound [A petition of Francis Morel merchant of Rouen, and 

AUin Lyot mariner. The said AUin Lyot, being master 
of a ship called the Mouton of New Haven, coming from New- 
foundland, was by stress of weather forced to take refuge in 
Plymouth harbour, where his ship was seized. As his cargo 
of fish is rapidly deteriorating, he sues that it may be 



land. 



1627.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 113 

appraised and released, offering to give security. His petition 
is granted, Philip Burlemachi, merchant, being named as 
security]. [fo. 233. ^ 1.] 

[183.] Whitehall, 9 February : 

An open warrant directed to WUliam Bedo, to repaire into Tobacco. 

the County of Glocester. to seize upon all English and Spanish 

Tobacco and to bind over the parties so offending, in a bond 

of 100?. to answere their defaults, before their Uordships. 

[fo. 255"- ^ 4.] 
[184.] Whitehall, 27 March : 

Memorandum that the 24th of March 1626 It was agreed Cochineal 

1 • 1 • r-i • I- I- n- ^ ^^ IndigO 

betwixt his majesties Comissioners for sale of ffrench goods 
. . . . and PhiHipp Burlemachi of London Marchante, 
that the some of seaven thousand pounds shalbe assigned 
vnto him, out of the proceede of the goods which 
were brought to London from Portsmouth, and that 
for the Remaynder of such somes of money which the said 
Commissioners shalbe ordered, by the llords of his majesties 
Privie Councell, to pay vnto him the said Phillipp Burle- 
machi, vpon the arrivall of the goods taken out of the Shipp 
called the Loue at Plymouth and other ffrench Shipps at 
Portsmouth, and other Ports, the seuerall parcells of Cochinell 
and Indicoe hereafter mentioned, shalbe dehuered vnto him 
at the rates and prizes hereafter expressed vizt. 

Twoe thousand pound weight of CochineU mesteca at thirtie 
three shillings and fower pence per pound. 

Twoe thousand pound weight of CochineU Tescala at thirtie 
shilhngs per pound. 

Twoe thousand pound weight of Cochinell Campeiana at 
six shillings per pound. 

Twoe thousand pound weight of Cochinell Siluester fine 
shillings per pound. 

ffower thousand pound weight of Indico Honduroes at 
fiue shillings and fower pence per pound. 

Twoe thousand pound weight of Indico Guatumalo at six 
shilhngs per pound. [/o. 319.] 



114 ACTS OF THE PRTVY COUNCIL (COLONIAL). [1627. 

[185.] Whitehall, 5 April: 
West Indies. ^ letter to the Lord Admirall. Wheras a Petition was 
this day presented to the Board, by Capt. John Powell. Shew- 
ing that the Petitioner beinge Captaine and owner of a small 
Shipp, called the Peeter, being bound for the West Indies, 
with a letter of Marque, readie manned to put to Sea, was by 
Commaund from your Grace (vpon Restrainte by order of this 
Board) stayed from his intended voyage, to the Petitioners 
greate charge and hindrance not onely in the losse of 
tyme, but in consumeing his provision and Victuall: 
your Grace [is] to giue present order and leaue to the 
said Capt. Powell to proceede on his intended Voyage, 
Notwithstanding any former order or Restrainte. 

[fo. 345. TI 1.] 

[186.] , 6 April : 

West Indies. The Hke letter of one dated the 5t of this present to the 
Lord Admirall for release of a Shipp called the St. George and 
a Pinnace called the Guifte of God being bound for the West 
Indies with letters of Marque. [fo. 345*. ^ 2.] 



CHARLES I. VOLUME 3. (1 June 1627-28 Feb. 1628.) 
[187.] Whitehall, 8 June: 
West Indies. An humble petition haueing ben presented to the King 
by Sir John Wentworth knight and Baronett. Shewing that 
he had heretofore wiUingly aduentured his hfe in the service 
of his Majesties Royall Progenitors and therein gained some 
approbation, soe now his desire was to continew the like to 
his Majestie and in that regard he humbly sued that for the 
better explanation of his zeale and dutie to his Majestie he 
would be gratiously pleased to graunt vnto him for one yeare 
the loane of 2 prize Shipps called the Nostre Dame of Haure 
de Grace of the burthen of 160 tonus, and the St. Peter afly 
boate of 60 tonus, or thereabouts, when they shall be vn- 
laden ; furnished with all their Anchors Cables, Sayles, Tack- 
lings, Apparrell, ffurniture, Ordnance Amunition, and Equi- 



1627]. ACTS OF THE PRIVY COUNCIL (COLONIAL). 115 

page whatsoeuer, therevnto belonging, with supplie of such 
Ordinance powder, shott and amunition as is wanting, and 
rpon Survay to be made by his Majesties Officers shall be 
found requisite and necessary ; which Shipps the said Peti- 
tioner will vndertake to victuall, and man at his owne Charges, 
intending a voyage to the West Indies, to trade with the 
Indians and his Majesties Subjects there Inhabiting ; And 
with letters of Marque outwards, and homewards bound, to 
adventure his Hfe against his Majesties enemy es ; And for the 
safe Retume of the said Shipps, with their prouisions and 
other appurtenances whatsoeeuer abouementioned, after the 
tyme shall be expired (the hazard at Sea, and fights excepted) 
to putt in good security to performe the same, as in like cases 
is vsuall. [His Majesty and the Board granted the ships 
on the conditions named.] [fo. 11.*] 

[188.] WhitehaU, 10 July: 

[An open warrant to William King, authorisiag him to Tobacco, 
root up and destroy all English-grown tobacco in the Counties 
of Worcester, Gloucester, and Wilts. All Justices of the 
Peace are required to assist him. 17 places in Worcestershire, 
40 in Gloucestershire, and Wotton Basset in Wiltshire are 
named as especially guilty.] [fo. 54. ]I 5.] 

[189.] WhitehaU, 13 July : Present :— Lord Keeper, Lord 
Treasurer, Lord President, Earl of Bridgwater, Earl of Kellie, 
Mr. Secretary Coke, Mr. Chancellor of the Exchequer, Mr. 
Chancellor of the Duchy. 

Whereas the Board was made acquainted by the Lord Virginia. 
Treasurer and by late letters from the Gouemor of Virginea, 
it was informed that some English Marchants, respecting 
meerely theire owne profitt, without any regard at aU, to the 
good of that Plantation, had of late transported thither, greate 
quantities of sacke, which sorted much to the preiudice and 
impoverishing of the said Plantation, aswell in being an 
occasion of Drunkennes and Idlenes, amongst the people as 

* This entry is repeated on fo. 19& with some verbal additions. 



116 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1627. 

lykewise in draweing from them theire gaines, and fruites of 
theire Labours, to the inriching onely of the said Marchanfcs 
and the impouerishing of themselues. Theire llordshipps 
vpon consideration had therof, did thinke fitt and order, well 
weighing the inconvenience and mischeefe, that mought ensue 
therby to that Plantation, if some remeadie were not pro- 
vided, did thinke fitt and order, that the proportion onely 
of ten pipes of Sack per annum, should be suffered to be 
transported thether. And the same to be by Planters onely, 
and not by Marchants. And that to this end, the Lord 
Treasurer be hereby prayed and required, to take effectuall 
order, with the officers of the Customes here, and all other 
officers of the out Ports, to whom it appertaines, to cause 
this order to be duely put in Execution. [/o. 57\ ^ 2.] 

[190.] Whitehall, 25 July : Present : — Lord Keeper, Lord 
President, Earl of Dorsett, Earl of Bridgwater, Master of the 
Wards, Mr. Secretary Coke, Mr. Chancellor of the Exchequer, 
Master of the Roles, Mr. Chancellor of the Duchy. 

Virginia; A letter to the Gouemoiir and Councell of Virginea. 

Wheras George Sandis Esqr. hath humbly petitioned the Board. 
Shewing that he hauoing beene elected by the late Com- 
pany of Virginea to be theire Treasurer ther, for three yeares. 
It was by them at a generall quarter Courte the 9th of June 
1624 : ordered, that he should haue the remainder of the 
Tearmes of those Tenants and Youthes, then in his service, 
in parte of satisfaction of a greater nomber, due to him by 
Contract, with the said Company vnder theire Common Scale, 
but that notwithstanding the said order, the Gouernour and 
Councell there, since the Petitioners Retourne from thence, 
haue by late order enioyned his ffactor there, to giue securitie 
for the profitts recemed of those mens labours, in former yeares, 
and lykewise that theire persons should be taken, from the 
Service of the Petitioner and ymployed de futuro, for the 
beriefitt of the said Councell, wherin he humbly besought 
to be releeued. Shewing further that he haueing in the years 
1624 : by virtue of his said office of Treasurer there, ymployed 



1627.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 117 

his Servante Thomas Swifte, to receiue the Companies Rents 
in Tobacco with Charge that he should accept of none, but 
what was good and marchantable, that one Capt. Whitakers 
ouerseer ther for the said Company, paid in such, as however 
it were fayre and good to the Eye, and could not be dis- 
couered at first, yet as appeared afterwarde, was soe corrupted 
by haueing Salte water throwne vpon it, as that it made the 
whole parcell become vnmarchantable, and that the same 
remayneth still in theire Storehouse, and was never medled 
with since by the Petitioner but that the said Councell (how- 
euer this appeare to be his Case) doe threaten, to make him 
and his Estate there, accomptable for the same and therfore 
humbly besought the Board to be lykewise releeved herein. 
The further Examination of all which, being referred to his 
majesties Atturney generall, and others Comittees appoynted 
by the Board, fforasmuch as we haue found by Certifficate 
from them, that the Petitioners Allegations appeare to be 
true, aswell out of the aforesaid orders, mentioned in the said 
Petition, as lykewise by seuerall depositions shewed vnto them, 
taken before divers of the Councell resident there. We haue 
thought good hereby, to wiU and require you, the Gouernour 
and Councell there, to restore and Continewe vnto the Peti- 
tioner, the quiett possession of all such Tenants and Servants, 
togeither with the profitt of theire labours past and to come, 
as were by the aforesaid order, of the 9th of June 1624: con- 
firmed vnto him by the late Company. And concerning the 
said Companies Rents received in Tobacco in the yeare 1624 
by the Petitioners Servant as aforesaid. We thinke fitt and 
doe hereby further require you, that in Case any proceedings 
on that behalfe, be there had against the Petitioner dureing 
his absence, that noe fynall Judgment be passed thervpon, 
tiU the said proceedings be first transmitted hither, and that 
this Board giue further order therin. [/o. 72''. ^ 1.] 

[191.] WhitehaU, 25 July: 

[A letter to the Governor and Council of Virginia, recapitu- Virginia, 
lating the resolution of 13 July regarding the importation of 
Sack, and further requiring them] not to suffer any Sacke 



118 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1627. 

atall brought in by Strangers, or in Strangers Bottomes, to 
be either landed or vented there. [/o. 73. If 2.] 

[192.] Whitehall, 27 July : Present — Lord President, 
Earl of Dorsett, Mr. Chancellor of the Duchy. 
Virginia. A letter to Sir George Yardley Knight Gouernor of the Enghsh 

Collony in Virginea. Wheras the late Earle of Southampton, 
then Gouernour of the Company of Virginea, assisted with 
divers noblemen and other persons of quallitie, did for the 
advancement of that Plantation, send over at theire greats 
Charge, divers Shippwrights, Boatewrights, with store of neces- 
sarie provisions and materialls, for the building and setting 
vp of Shipps Pinnaces and lesser Boates, for the service and 
advancement of that Collony which worke amongst sunderie 
other of greate importance was vtterly distroyed by the Mas- 
sacre which happened soone after. Now forasmuch as we 
are giuen to vnderstand, that by the Care and dilligence of 
Mr. George Sandis, then Treasurer for the Company in Virginea, 
by direction from the said Earle, and other the adventurers 
the remaynes of the said worke were sould, and disposed of 
soe as to be converted vpon accounte to the behoofe of the 
Adventurers. And that Mr. Sandis at his comeing away, did 
eaue with Sir fErancis Wyatt, then Gouernor of that Collony, 
twelue hundered weight of stript Tobacco, togeither with 
sunderie Couenant Seruants and other Materialls, amounting 
to aboute the valewe of fower thousand weight of Tobacco 
more. All which at the comeing away of Sir ffrancis Wyatt, 
were consigned into the hands of Abraham Peirce, who had 
formerly beene Cape marchante for the Company, we haue 
therfore thought fitt to pray you, asweU in reguard of right 
to be donne, to the said Adventurers, as alsoe for a future 
incourragement to others vpon lyke occasion, to take especiall 
care that those goods, and other remajmes belonging to the 
said Adventurers, may be ordered by the said Peirce to theire 
best profitt, and the Tobacco, and other Comodities, which 
shall arrise therof to cause him to transmitt hither, by the 
next opertunitie deducting the Charge, and to consigne the 



1627.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 119 

same vnto Mr. Nicholas ffarrer Treasurer here for the said 
Adventurers, vnlesse the said Peirce can shewe good Cause to 
the Contrarie. [fo. 78. If 2.] 

[193.] WhitehaU, 31 July. 
[~ [A warrant dispensing from impressment &c,] an English Virginia 
Shipp under the Commaund of Captain John Preen called the 
Samuell of New Castle, of the burthen of 250 Tonnes,, .readie 
to put to sea, and bound for Virginea, which Appeareth by Oath 
in the Admiraltie Courte. [/o. 80. ]J 2.] 

[194.] Whitehall, 5 September : 

Whereas the Companie of the west Indies in the vnited Pro- West Indies. 
uinces ; hath made humble suite vnto his Majestie, that their 
Shipps employed thether, either in Trade of Marchandize, or 
on warrf are for the weakening of the Common Ennemy ; might 
quietly pass on their intended voyages, both outward, and 
homeward bound, without anie molestation, stay, or hinderance, 
by his Majesties owne Shipps, or those of his Subjects, employed 
with Letters of Marque, to the Southward, or elswhere. It 
pleased his Majestie therevpon to declare, that his Royall 
will and pleasure is, the said west India Companie, their 
Captaines, Masters Marriners, Shipps, and Prizes by them taken, 
or to be taken hereafter, vpon the said Enemy ; and all their 
goods and other things, whatsoeuer to them belonging ; 
shall haue free ingrees egress and regresse into, and out of all 
his Majesties Ports, Hauens, Roads, and Creekes, as by the 
Articles of the Treaty, made at Southampton, the 7th of Sep- 
tember 1625 more at large appeareth. vizt. [Here follow 
§§ 15, 16, 17, 18, 19, 23 and 24 of the treaty,* and an 
injunction to aU his Majesty's servants punctually to observe 
them.] [/«• 126". If 2.] 

[195.] WhitehaU, 14 September : 

[A Commission to John Preen,] Captaine of the good Shipp Virginia, 
the SamueU of Newcastle, and of a Pinnace called the Endeavor 
of London now bou nd for Virginia. 

* The treaty is given in the Clarendon State Papers (Oxford, 1767) 
Vol. i. pp. 27-33. 



120 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1627. 

Whereas the said John Preen, att his great chardge, and perill 
is to transport people and provisions unto the said Plantation 
to the strengthening and advancement thereof, and is during 
the whole voyage to have the government and command of 
the said Shipp and Pinnace, and of aU passengers, Marriners, 
and saylors therein to be shipped to the nomber of two hun- 
dred, and twenty persons or thereabout, [he is given the same 
instructions as on 11 Sep. 1626]. [fo. 140. TJ 2.] 

[196.] Whitehall, 19 September : 

West Indies. [With reference to the Order of 8 June, Sir Henry Martin, 
Judge of the Admiralty, finding no precedents, desires further 
directions from the Board. Sir John Wentworth alleges that 
he has already given bond of 4000Z. in the Admiralty Court 
for his Letters of Marque, and offers his own bonds and those 
of the masters of the ships (" they beeing housekeepers, and 
haveing wives and children residing here" ) and the usual 
assurance for the munition and ordnance. The securities 
offered are to be accepted, and the ship and pinnace dehvered 
to Sir John Wentworth.] [fo. 144. Tj 3.] 

[197.] Whitehall, 21 December : Present— The Kings 
most excellent Majestic, Lord Keeper, Lord Treasurer, Lord 
President, Lord Admirall, Lord Steward, Lord Chamberlaine, 
Earl of Suffolk, Earl of CarUle, Earl of Holland, Earl Morton, 
Lord Viscount Conway, Lord Viscount Grandison, Lord 
Bishop of Duresme, Lord Bishop of Bath and Wells, Mr. 
Treasurer, Mr. Comptroller, Master of the wards, Mr. Chan- 
cellor of the Exchequer, Mr. Chancellor of the Duchey. 
Tobacco. This day the Boord, in the presence of his Majestie and 

by his speciall direction, takeing into their considerations, 
the enghsh plantations in Virginia, and the Sommer Islands 
especially, and consideringe that for the present they cannot 
subsist, but by the vent of their Tobacco planted there, and 
from thence transported heather : haue thought fitt and soe 
resolued and ordered : That for the preservation and incourage- 
ment of those English plantations abroad, no Tobacco shalbe 



1627-8.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 121 

planted either in England, or Ireland, or any the Islands thereto 
belonginge, nor any such Tobaco shall be brought, or sold, 
vttered or vsed, by any but shalbe vtterly destroyed, and 
consumed wheresoeuer it shalbe found either simply, 
or mixt, with any other Tobacco ; . . . and no 
Spanish Tobacco, or other Tobacco, of the growth of any of 
the King of Spaines Dominions shall be imported into this 
Realme, other then such as shalbe imported by his Majesties 
Agents only, and only for his Majesties vse . . . 

[fo. 240.] 
[198.] Whitehall, 20 January : 

It was this day ordered by his majesties Commaund, that Tobacco. 
Mr. Atturney Generall, shall drawe vpp a Proclamation, that 
all the Tobacco comeing from Virginea and the Burmodoes or 
any other place, shalbe brought to the Port of London. 
And that noe Tobacco shalbe transported out of the Kingdome 
but by his majesties speciall Lycence. Prohibiting lykewise 
aU persons to plante Tobacco in any place within this Realme. 
And if any person ofiend against the said Proclamation the 
same to be punished, without Remission by seuere Censure 
in the Starr-Chamber. [/o 267. U 3.] 

[199.] Ibid. 

Wheras Raphe Merifeild did by his humble Petition St. 
informe the Board, that he hath brought from St. Christophers 
Island about x™ weight of Tobacco, which according to his 
majesties Grant, for the encourragement of the Planters, he 
is to Land and dispose of Custome free. But that since the 
said Grant, a Proclamation hath beene published, prohibitting 
the Sale of aU Tobacco to others then such as shalbe appoynted 
Commissioners for his majestie to buye the same, and that noe 
such Commissioners were yet appoynted ; wherby the Petitioner 
sustayned much preiudice, and therfore humbly sought for 
Releefe by order of this Board. It was thought fitt, to referr 
the further Consideration of the said Petition to his majesties 
Atturney Generall. [The Attorney General having reported 



122 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628. 

favourably, their Lordships allow the sale of the tobacco 
provided that this special case shall not hereafter be " drawne 
into President."] [/o. 268\ Tf 1.] 

[200.] Whitehall, 20 January: 

St. Whereas a Petition was this day presented to the Board in 

Christopher. ^^^ ^^^^ ^f Thomas Combes, Maurice Tompson and Roger 
Barwicke Seruant to Captaine Warner Gouernour at St. Chris- 
tophers Island Shewing that the Petitioners Combes and 
Tompson about July last by aduice from the said Capt. Warner 
did for the supply of that Plantation, and with the approbation 
of the Earle of Carlile a Member of this Board, to whome his 
Majestic hath graunted the said Island, send the good Shipp 
called the Plough of London, which returned and came to 
Southampton about the 15th of December last in which 
Shipp the said Captaine Warner sent home by the Petitioner 
Barwicke, about 10500 weight of Tobacco, and for the Account 
of the Petitioners Combea and Tompson about 9500""- weight, 
which according to his Majesties Graunt for encouragement 
of the Planters, they are to sell and dispose of Custome and 
Impost free. And that the Lord Treasurer had giuen Warrant 
accordingly, but with Caution of putting it in safetye at South- 
ampton vnder two Keyes, the one to remayne with the Cus- 
tomers and the other with the Petitioners, [and praying for 
relief, no Commissioners having yet been appointed under 
the Proclamation (cf. 199), order is made similar to that in 
the case of Mr. Merifield, with the same provision against its 
being drawn into precedent.] [fo. 275. ^ 2.] 



CHARLES I. VOLUME 4. (1 Mar. 1628-19 Dec. 1628.) 

[201.] Whitehall, 11 March: Present— Lord President, 
Lord Steward, Lord Chamberlain, Earl Morton, Earl of Kelly, 
Lord Viscount Conwey, Lord Viscount Wimbledon, Master 
of the wards, the twoe Chancellors. 



1628.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 123 

A Warrant with generall directions Whereas his Majestie West Indies, 
hath lately graunted by Letters Patents vnder the great Seale 
of England, the Island of St. Christophers and others the Caribe 
Islands, vnto our very good lorde the Erie of Carhle, with full 
power and autoritie for himseKe and anie other whom he shall 
employ or licence to bransporte thither men munition and 
whatsoeuer else shalbe necessary for the beginning and estab- 
lishing of a Plantation in the aforesaid Islands : These are 
therefore to require and ia his Majesties name expresly to 
charge you and euery of you whom it may in anywyse con- 
cerne, to be ayding and assisting vnto the sayde Erie, and 
those whom he shall therein employ, with all necessary 
prouisions to that ende ; And to suffer all such men and 
Munition, and other necessaryes, as he or they shall thinke 
good to sende to those places, to passe freely and quietly 
without anie lett, hinderance or molestation. Hereof faile 
you not &c. [p 23. ^j 2.] 



[202.] WhitehaU, 14 March : 

This day, Sir John Wolstenholme, Sir Paul Pinder Mr. Jacobs, Tobacco. 
and Mr Dawes attending the Boarde declared to their lord- 
ships in their owne names and in the names of the rest of the 
ffarmers, who together with them, did attende his Maiestie 
sitting in Counsell yesterday, about the busiaesse of Tobacco, 
that they cannot furnish a stock, to vndertake the Agencie for 
Tobacco. And they farther declared that they haue intel- 
ligence of some ships arriued at Southampton, or there about 
freighted with Tobacco ; which Shipps if Order be not taken, 
that they may discharge paying Custome and impost, wiU goe 
forthwith for Hollande, and Zealande. Whereof the Lorde 
Treasurer is prayed and required to .take notice, and to giue 
present direction to the Officers of the Ports, to suffer them to 
discharge, and to giue Kbertie to all other Shipps, that shall 
arriue hereafter furnished with Tobacco, from Virginia and the 
summer-Islandes, thereby to prevent the preiudice, which 
otherwyse may growe to his Majestie by the losse of the 



124 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628. 

aforesayd Custome and impost, besydes the carrying of the 
Tobacco out of the Kingdome. [p. 30. ^ 1.] 

[203.] Whitehall, 9 May. 

West Indies. A Warrant to Mr. John Eueling. Whereas his Majestie, 
for the incourragement of Planters, hath vsually granted, 
Ordinance, and Powder to furnish theire Plantations. And 
our very good lord the Earl of Montgomery vndertakeing a 
Plantation in the West Indies cannot be otherwise furnished 
with Powder then from you. And doth at this tyme desier 
a proportion of one hundred Barrells. [You are forthwith 
to furnish the same at the usual rate.] [p. 102. ^ 1.] 

[204.] WhitehaU, 7 June : 

West Indies. A warrant with generaU directions, to free all such Gunners 
Marriners &c from impresting, as belong to the Shipp the 
Archangell Michell and the Pinnace the litle Hay, being pre- 
pared by the Earle of Carlile, and readie to put to Sea for the 
West Indies. [p. 201. If 1.] 

[205.] WhitehaU, 14 June : 

Lady l^^ ^ financial settlement between the King and Lady 

Raleigh. Raleigh, her claim for 600?., as part of her composition for 
the ship called the Destiny is ordered to be left] without 
preiudice in Statu quo prius, to such former orders as haue 
beene made therin, and to such right as the said Ladie 
shall make appeare vpon further heareing. [p 228. 1| 1.] 

[206.] WhitehaU, 23 June: 
Sir John [Concerning the ship and pinnace lent to Sir John Went- 

worth], fforasmuch as we are informed that the said Sir John 
Wentworth is now retourned with his said Shippe into the 
harbour of Portsmouth, And that the said Pinnace being 
severed from him by Storme at Sea, is driven upon the Coaste 
of Ireland, where she yet remaynes, and for that both the 
said Shippe and Pinnace are become soe defective and decayed, 



1628.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 125 

as that the Charge of repairing and makeing them serviceable 
is lyke to be greate. And for that he hath not since his goeing 
out had any successe, or taken any Prize answerable to the 
Charge he was at before, in setting out the said Shipps, [he 
therefore humbly asks for the free loan of the said ships for 
one year longer j which is granted.] [p. 234. ]| 2.] 

[C.S.P. Domestic. 1628-9. p. 174] 



[207.] Whitehall, 5 July : 

Whereas it hath pleased his Majestie to referre the annexed Virginia, 
articles* concerning the Colonie of Virginia vnto the Lord 
Treasurer to be by him considered of : It is therefore ordered 
that Captaine Harvy who presented the said Articles shall 
attende the said Lord Treasurer, for his lordships better and 
fuller information in every particular, and for the spedier 
expediting of aU other businesse that conceme Virginia ; 
which is likewise referred to his lordship. [p. 262. ^ 2.] 

[208.] WhitehaU, 7 July : 

Vpon a petition this day presented to the Boarde, by a Bermudas, 
great Companie of poore aduenturers and planters in the 
summer-Islands, in which they remonstrate that they haue 
brought home a smaU quantitie of Tobacco, which hath long 
lyen in the Custome house, through the detained whereof they 
sufEer great dammage, and therefore humbly sue that they 
may haue their Tobacco restored in paying reasonable Custom es. 
Their llordships taking this their humble suite into considera- 
tion did thinke fit and order that the petitioners shall haue an 
abatement of three pence Impost vpon everie pound of 
Tobacco mentioned in the petition, but they may not expect 
anie abatement hereafter vpon that commodity. And the 
petitioners are therefore hereby required to forebare the plant- 
ing of so much Tobacco hereafter as formerly they haue done, 

* Not given in Register. 



126 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628. 

in regarde the lande which is almost wome out, may be 
employed to more profitable and necessarie vses. [The Lord 
Treasurer is required to give orders accordingly.] 

[p. 268. Tl 2.] 

[209.] Whitehall, 18 July : 

St. Vpon a petition which was this day presented to the Board 

by George Rookes and his Companie wherein they remonstrate, 
that having set forth a Ship called the George, in which there 
are one hundreth passengers in consort with other Ships 
belonging to the Erie of Carhle, for the Islands of Saint 
Christopher, which Ship is stayed at the Isle of Wight, where 
the Victuals are daily consumed, and the passengers and 
Mar5Tiers in danger of perishing, before they can be able to 
attaine their Porte, vnlesse spedy order be giuen for their 
releasse, . . the lord Admirall his Grace is prayed . . 
to giue directions accordingly. [p. 302. ^ 1.] 

[C.S.P. I. p. 93.] 

[210.] WhitehaU, 4 August : 
Virginia. I* "^^^ t^s day ordered that the overplus of his majesties 

Customes Imposts, and other duties aswell for Tobacco, as 
for other Staple Comodities out of Virginea, which shall in 
the yeares hereafter to come encrease beyond the Somes, which 
the said Customes Imposts and other duties shall come vnto 
this growing yeare, ending at Michaellmas next, shalbe ymployed 
to satisfie aswell 5001. to be allowed to Capt. Haruie Gouernor 
of Virginea, for the transportation of himselfe, and his fEamily, 
and one thousand pounds for his yearely entertaynement, as 
alsoe to defray the Charges of fortifying, and other necessarie 
occasions, for the defence and securitie of the Countrie, and 
Inhabitants. Wherof the Lord Treasurer is prayed and 
required to take notice and to giue efEectuall order therin 
accordingly. [p. 366. "[j 2.] 

[211.] Whitehall, 6 August: Present :— Lord President, 
Lord Priuie Seale, Lord Admirall, Lord Steward, Earl of 



1628.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 127 

Holland, Lord Chancellor of Scotland, Earl of Kelley, Lord 
Bishopp of London, Lord Viscount Dorchester, Master of the 
Wards. 

Instructions from the Lords of his majesties most Vjginia. 
honourable Privie Councell to Captain John Harvie 
Governor of Virginea and to the Councell of State there. 

[In these Instructions Clauses 1, 3, 4, 5, 7, 8, 10, 11, 12, 14, 
15, 16 are the same as the corresponding clauses in the In- 
structions to Sir George Yeardley [162], 6 is the same save 
that 16 is substituted for 17 years ; in 9 the William and 
John is substituted for the Anne and the James. The other 
sections follow :] 

2. That in bhe first place, you be carefuU Almightie God, 
may be duly and dayly served, both by your selfe and all 
the people vnder your Charge, which may drawe downe a 
blessing vpon aU your Endeavours. And lett everie Congre- 
gation that hath an able Minister, build for him a Convenient 
Parsonage house ; to which for his betber maintenance, over 
and aboue the vsuall Pension, you shall lay 200 acres of Glebe 
land, for the cleereing and inoloseing of that Ground, everie 
of his Parishoners for three years, shall giue some daies labours, 
of themselues and theire Servants. And see that you haue 
an especiall Care, that the Glebe land be sett, as neere to his 
Parsonage house as may be, and that it be of the best con- 
ditioned land. Suffer noe Innouation in matters of Religion, 
and be carefuU to appoynt sufficient, and conformable 
Ministers, to each Congregation that may Catechise and instruct 
them, in the grounds and principles of Religion. 

13. And wheras your Tobacco faUeth everie day more 
and more to a baser price, we require you to vse your best 
endeavour, to cause the people there to applj^ themselues, to 
the raiseing of more Staple Comodities, as Hempe and fiiax, 
and rape seed and madder, and lykewise to the impaleing of 
Orchards, and Gardens, and incloseing of Grounds for CatteU, 
wherby the Store of the Countrie may be advanced in 



128 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628. 

aboundance Lykewise everie Plantation to plant a proportion 
of Vines, answerable to theire numbers, and to plant mulbury 
trees, and to attend silke wormes. 

17. That especiall Care be had, of the encrease and 
preservation of neate Cattell, that the ffemales be not killed 
vpp as formerly. And that his majesties wiU and pleasure 
(concerning the running of a pale, twixt Martins hundred, and 
Cheskay, and planting the same sufficiently for the resisting 
the Natiues) be declared to a Grand Assemblee, by which 
meanes ther may be safe Range, for Cattle of all sorts, wherby 
the Collonie, in shorte tyme may haue such plentie of victuall 
that much people may come thither for the setting vpp of 
Iron Works, and other Staple Comodities. 

18. [To prevent surprizes by savages or other enemies, 
beacons are to be prepared,] the erecting of their Beacons, 
and the watching them to be at the Charge of the Countrie 
as shall be determined in a Grand Assembly. 

19. [Every setfcler is to provide himself with arms, both 
offensive and defensive, within a year from date, on pain of 
punishment.] 

20. And for that Armes, without the knowledge of the 
vse of them, are to noe effect, we ordaine that there be one 
Muster Master generaU appoynted for the Collonie who shall 
fower tymes in the yeare, and oftener (if cause be) not onely 
view the Armes, munition and furniture, of everie person in 
the Collonie, but alsoe traine and exercise the people, teaching 
them the vse and order of Armes, and shall alsoe certifie the 
defects (if any be) either of appearance or otherwise to you 
the Gouernor and Councell. And for the present, we doe 
nominate and appoynt Capt. Robert ffelgate (haueing beene 
formerly Muster Master in the Sommer Islands, and of whose 
sufficiencie we are fully informed) to be the Muster Master 
of the Collonie for three yeares, after his ariuall in Virginea. 
And after the three yeares expired, we wiU that hee continewe 
Muster Master still, vnlesse we shall otherwise dispose of his 
pliace. And for his Competent maintenance, we will that you 



1628.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 129 

the Gouernor and Councell, soe order the busines at the Grand 
Assembly, that everie Plantation be rated equally, according 
to the nomber of the persons, wherin you are to follow the 
Coarse practized in the Realme of England. 

21- Whereas many Shipps laden with Tobacco, and other 
marchandize from thence, carry the same ymediately into 
forraigne Countries, wherby his majestic looseth the Custome, 
and duties thereupon due, [no ship is to sail without giving 
bond to sail directly to his Majesty's dominions, and is] to 
bring a BiU of Ladeing from thence, that the Staple of those 
Comodities may be made here. 

22. And to conclude, that in all things, according to 
your best understanding, you endeavour the extirpation of 
Vice, and the encourragement of Religion Virtue, and good- 
ness, [pp. 373-7.] 

[212.] Whitehall, 6 August : Present : — The same. Lord 
Treasurer replacing Master of the Wards. 

Vpon consideration and debate this day had at the Board of Virginia, 
diuers thinges for the good and aduancement of the Plantation 
of Virginia, and for the incouragement of his Majesties Sub- 
jectes there It was thought fitt and ordered, that his Majestic 
should bee moued on that behalf to write his gracious letters 
to the Gouernor and Colonic there, according to the Articles 
heerafter following vizt. 

1. First that his Majestic wilbee please to promise his 
protection to the Collony of Virginia. 

2. That hee will likewise promise to confirme vnder his 
great Scale their landes and Priuiledges formerly graunted. 

3. To signifie that there is already assigned by the Lordes 
a proportion of monyes for maintenance of the Gouernor, and 
for other publique vses, issuable out of his Majesties proffittes 
from that Plantation, his Majestic will not onely confirme, but 
also enlarge the same, as his occasions wiU permitt. 

4. That hee wilbee the Rewarder of such well deseruing 
Planters, as by their good seruices shall merritt it. 



130 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1628. 

5. That hee charge the Gouernor and Councell to cherish, 
fauour and respect such persons as intend to make Virginia 
their Countrie, and to preferre such to places of benefitt and 
trust, that there may bee a reall difference made betweene 
them, and such as goe onely thither to inrich themselues by a 
Cropp of Tobacco. 

6. That in respect of these his ffauors hee expectes that 
all Planters and Aduenturers of that Colonie shall retume 
their Commodities into his owne Dominions. 

7. That hee requires the Gouernor and Councell, and all 
other Officers, to execute Justice indifferently to all men, of 
which hee wiU expect due performance. 

8. That there are certaine Instructions signed by the Lordes 
of his Majesties priuy Councell, which they must bee carefull 
to obserue. 

Heereof Mr. Secretary Coke is prayed and required to take 
notice, and to prepare a letter, and moue his Majestie therein 
accordingly. [p. 381. ^f 4.] 

[213.] Whitehall, 8 August : 
Virginia. A warrant with generaU directions to discharge John HlU 

Mariner being imprested for his majesties service, and lyke 
wise to free from impresting Lawrence May: Jhon Mixton, 
Tho. CouUe, William Louewell, John Ashne, and twelue 
other Mariners belonging to the Shipp called the Paramor 
being bound for Virginea. [p. 385. ^ 4.] 

[214.] Whitehall, 27 August : 

Christopher. t"^ Warrant dispensing from any let or hindrance the ship 
Lemon] and the little Hey bemg bound for St. Christophers 
Islands. [p. 41 g. ^ 1.] 

[215.] Windsor, 12 September : 
Virginia. [A letter from his Majesty to Sir John Harvey, Governor 

of Virginia, in accordance with the headings decided on on 
6 August.] j-p, 454. ^ 1.] 

[CS.P. I. p. 94.] 



1628.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 131 

[216.] WhitehaU, 16 September : Signed [by] Lord Keeper, 
Lord President, Earl of Dorset, Earl of KeUie, Lord Viscomit 
Dorchester, Lord Bishop of London, Master of the RoUes. 

A Warrant with GeneraU directions. Whereas his Majestic, Virginia, 
haueing taken into his Princely care the Plantation of Virginia, 
is RoyaUie disposed, to further, and aduance the same, by all 
the best meanes, and wayes that can be thought vpon ; And 
whereas the transportation of diuerse things thither, (which 
were formerlie prohibited for reason of State, and causes sute- 
ing those times) are now thought fitt to be transported, for 
the furterance of the said Plantation. Theise are therefore 
to wiU and Command you, and euery of you whom it may con- 
ceme, to suffer all the particulers hereafter sett downe to be 
transported for Virginia, notwithstanding any former prohibi- 
tion to the Contrarie. Vizt. Men, Woemen, and Children, 
all manner of Cattaile, All manner of VictuaU, All manner of 
Munition, Shoes, Bootes, Brasse in household implements, 
and VtensilLs, and all other necessarie provisions, for the Plan- 
tation consisting of materialls, prohibited to bee transported, 
(all which were formerly graunted to be transported for that 
Plantation, by the late letters Patents of the Virginia Com- 
panie) for which this shalbe your warrant. [p. 456. ^3.] 

[217.] Hampton Court, 28 September: 

A warrant for dischargeing of John Burley, John Gates, Virginia. 
Francis Perin, Prudence Mathewes, Ehzabeth Holland, and 
Damoris Adderton and to cause them to bee deliuered to Lwis 
Hughs Minister, to be sent into Virginia, by vertue of a Com- 
mission directed to the llords and others of the Priuie Councell 
dated the 20. of September 1628. remayning in the Counsell 
Chest. [p. 490. If 1.] 

[218.J Ibid. 

Whereas his Majestic hath bin credibly informed, that the Tobacco 
Tobacco of the grouth of England and Ireland, and Dominions 
thereof, is not onely found to be vnholsome for mens 
bodies, but a great hindrance, and tending to the ruyne and 



132 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628. 

ouerthrow of his Majesties Plantations in Virginia, and other 
partes beyond the Seas, and being desirous, and willing, out 
of his Princely Care, and Royall disposition for the good of 
his people, to be throughly informed before any further course 
be taken, [he] did command, and their Lordshipps doe 
accordingly order, that the President, and the rest of the 
CoUedge of Phisitions, shall assemble themselues together, 
and after mature, and good deliberation, certifie their opiaions 
therein. [p. 484. •! 2.] 

[219.] Whitehall, 18 October: 

Virginia. A letter to Sir John Haruie Knight Gouernor of Virginea 

and to the reste of the CounceU there. Wheras John 
Perse hath by his humble Petition (which we send you 
inclosed) complajTied to the Board, that he was per- 
swaded and drawne by Abraham Perse his brother, to 
sell vnto him certaine lands, which the Petitioner did 
convey vnto his said brother, asweU to supporte his Creditt, 
and Reputation being then a Marchant, as alsoe for and in 
consideration of the some of 496?. or therabouts. ffor pay- 
ment of which some, the said Abraham Pearse, became bound 
to the Petitioner as by a Coppie of the Bond (which we send 
you lykewise inclosed) doth at large appeare, but performed 
not the same accordingly. And wheras the Petitioner doth 
further informe that his said brother afterwards, went over 
into Virginea and there obtayned a greate Estate, and is lately 
deceased, but that the Petitioner cannot heare how his said 
brothers Estate is disposed of, or what Course he hath taken 
for satisfying the somes due vnto him, and therfore hath made 
humble smte vnto vs, for our Letters vnto you for his Releefe 
herein. [Their Lordships therefore pray and require you to 
inquire into the disposal of the said estate, and to report 
to them.] [p. 529. ^f 1.] 

[220.] Whitehall, 26 October: 
Sir John A letter to Capt. Bassett Vice Admirall of the North. 

We send you herewithall, an order of the Board, for con- 



1628-9.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 133 

tinuance of the loane of a ffrench Shipp and Pinnace, to Sir 
John Wentworth Knight and Barronet for a yeare longer, 
vpon the Conditions, and for the reasons expressed in the order. 
And because it is informed, that the Pinnace was carryed away 
from him fraudulently by the Captain and that she is now 
vnder your Commaund. we doe hereby will and require you to 
dehver over the Pinnace with all the Tackle and provisions 
appertaineing to her, vnto Sir John Wentworth or such 
other as he shall appoynte to receaue her for him. 

[p. 544. Tl 2.J 



CHARLES L VOLUME V. (24 Dec. 1628-31 Mar. 1630.) 

[221.] Whitehall, 1 6 February : 

[Permission is given to Sir John Wentworth to use the two Sir John 
ships lent him for another year, and an order issued for the 
return to him of " victualle, fiurniture. Tackle, Apparrell, 
or Provisions " " imbezelled and stolen " from his ship in the 
harbour of Portsmouth]. [pp. 93-4.] 

[222.] Whitehall, 25 February : 

Wheras humble suite was this day made vnto the Board Newfound- 
on the behalfe of the Lord Baltimore now remayneing m 
Newfoundland, that in regard of the scarsetie of come there, 
and of the greate plentie therof in this Kingdome Lycence 
mought be granted for the bujdng here, and transporting to 
his Lordshipp 14 Lasts of Wheate and the lyke quantitie of 
Maulte, for the Releefe of those of that Plantation. [The 
desired license is given] Provided that such person as is 
imployed on that behalfe shall first pay his majesties Customes 
and duties for the same, and giue good securitie not to dispose 
of any parte therof, but for the Releefe of the Plantation 
aforesaid. Hereof the Lord Treasurer is prayed and required 



134 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1629. 

to take knowledge and to giue efEectuall order therin 
accordingly. [p. 106. last %] 

[223.] Whitehall, 11 March: 

Canada. Whereas his Majestie is pleased to refer to the Boarde a 

Petition presented vnto him by Claude de Rocquemont and 
ffrancis Derre of Gan ffrench gentlemen, in which they com- 
plaine of the greate inhumanity of one Kerck of Deepe, now 
dweUing in London, of his breach of faith and promise when 
he had taken them at Sea in a voyage in which they were 
making for a Plantation in Canada : Their Lordships for the 
better expediting of the Cause, doe pray the Erie of Dorset, 
Mr. Treasurer and Mr. Secretarie Coke, or anie twoe of them, 
calling both parties before them to examine the state of the 
saide Cause and after a full hearing of the allegations on both 
sydes to report their opinions to the Boarde, that thereupon, 
such finaU Order may be taken therein, as shalbe consonant 
to iustice and equitie. [p. 129. last ^.] 

[224.] WhitehaU, 25 March : Present :— Earl of Dorset, 
Mr. Treasurer, Mr. Secretary Coke. 

Canada. Vpon a full hearing of the Cause betweeno William 

Barkley and Geruais Kerck on the one parte, and Claude de 
Roquemont and ffrancis Derre of Gan ffrench gentlemen 
Prisoners vnto them on the other parte ; which ffrancis Derre 
was also presenb. It was finalhe Ordered, that the saide 
Claude de Roquemont hauing made humble sute to his Majestie 
to be removed from priuate Custodie, to some publique Prison, 
should be committed to the fffeete, there to remaine vntill 
farther Order from the Boarde ; whereof the meaning is, that 
he shall continue there vntill the aforesaid William Barkeley 
and Geruais Kerck shall haue sufficient tyme to enforme 
themselues of the true value of his Estate, that thereupon the 
point of Randsome may be accommodated and lykewyse 
before his releasse, he is to pay the charges of his diet and 
lodging to WiUiam Barkeley aforesaid in whose howse he now 



1629.] ACTS OF THE PMVY COUNCIL (COLONIAL). 135 

remayneth ; vizt. fiftie foure pounds and twelue shillings 
for one hundreth eightie twoe dayes at the rate of six 
shillings per diem, ffor so much as concerneth ffrauncis Derre, 
it was at the same tyme Ordered that he shall haue libertie 
to lodge and diet himselfe at his o^vne choice, vpon sufficient 
Caution first giuen by him that he shall not departe this 
Kingdome without permission it being hereby lykewyse in- 
tended that WiUiam Barkely and Geruais Kerck aboue men- 
tioned may haue convenient tyme to enforme themselues of 
the true value of his Estate and also that before his departure 
he shall giue satisfaction at the rate of foure shiUings per 
diem for one hundreth eightie twoe dayes the totaU amounting 
to thirtie six pounds and twelue shillings. [p- 151. ]j 1.] 

[225.] Whitehall, 31 March: 

Letter to the deputy lieutenants of the County of Suffolke. Bermudas. 
Captaine Woodhouse hath made complaint to his Majesty 
of your neglect, shewing that he left a sufficient Deputy, when 
he was chosen and employed Governor of the Summer-Islandes, 
to supply and discharge the place of Muster Master in his 
absence, vntiU the death of the Erie of Suffolke ; from which 
tyme, he can neither get his arreares for the last yeare, whyle 
he was at the Summer-Islandes nor for the twoe yeares last 
past, having bene all that tyme employed by his Majesties 
commande to the Isle of Rets, and at RocheU. [His 
Majesty therefore orders that the arrears be paid at once.] 

[p. 158, last %] 

[226.] Whitehall, 14 July : 

A Passe for Sir John Haruey knight appointed Gouuernor of Virginia. 
Virginia to goe thither in a Ship called the ffriendship of three 
hundreth and fiftie Tuns or thereaboutes : with a Clause 
requiring his Majesties Officers whom it may conceme to for- 
beare the impresting, or empeachment of anie Person going 
in the said Ship with Sir John Haruey aforesaid, for that it is 
conceiued this their voyage tendeth to the good of his 
Majesties seruice, [p. 352. last %] 



Canada. 



Sir John 
Wentworth. 



Virginia. 



Virginia. 



Canada. 



136 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1629. 

[227.] Whitehall, 17 July: 

[De Roquemont and Berre are ordered to be set at Uberty, 
on payment of such charges as are due.] [p. 361. If 2.] 

[228.] WhitehaU, 22 July : 

[Upon certificate from Sir Henry Martin, Judge of the High 
Court of Admiralty, that the ship Saint John-Baptist with 
its tackle had been adjudged to Sir John Wentworth and his 
company by a sentence of 3 Nov. 1628, directions are given 
for its dehvery accordingly] Provided that they shall not 
sell the same to anie, but to his Majesties Subjectes onely. 
and that such parte thereof as is due to his Majestic, be 
answered to the Commissioners for prize-goods, for his 
Majesties use. [p- 372. TI 1.] 

[229.] Whitehall, 29 July : 

[A petition having been presented] by Elizabeth Barwick 
the Relict of Thomas Baiwick who died at Christmas six yeares 
since, or thereabout m Virginia, and left diverse goods at his 
decease, [the Governor and Council of Virginia are instructed 
to inquire into the matter, and to see that she receives what- 
ever is her due, after any debts of her late husband have 
been paid.] [p. 385. Tf 2.] 

[230.] WhitehaU, 13 August: 

[A commission to John Preen, Captain of the ship Friend- 
ship of London, of three hundred tons and upwards, sailing 
to Virginia with the Governor and other passengers. Similar 
to his previous commissions 195.] [p. 4-16. ^ 1.] 

[231.] WhitehaU, 28 October : Present :— Lord Keeper, 
Lord Priuie Seale, Earl MarshaU, Lord Steward, Earl of 
Dorsett, Earl of Bridgwater, Earl of CarlUe, Earl of KeUey 
Lord Viscount Dorchester, Lord Samle, Lord Newburgh, 
Master of the Roles. 

Wheras the Lord Ambassador here Resident for the ffrench 
King haueing made Clayme to certaine goods on the behalfe 



1629.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 137 

of the Subiects of that King lately brought from Canada in 
an Enghsh Shipp Wherof Dauid Kirke gentleman was Captain 
wherin divers Marchants of London (by whom the said Captain 
was ymployed and sett out) were Aduenturers and Sharers ; 
did Comence suite in the Courte of Admiraltie here against the 
said Captain and the Marchants interessed therin, for the 
Recouerie of the said goods, and thervpon obtayned warrant 
out of the said Courte, for putting the said goods in Seques- 
tration and safe Custodie, vntill it should be decided by a 
Legall proceeding there, to whom the same did of right apper- 
taine. In persuance wherof, the said goods (howeuer they 
were in the interim betwene the granting out of the said 
warrant, and before the of&cers could execute the same 
vnladen by the said Marchants, and put into theire warehouse) 
were by the said officers attached and the said warehouse 
doores fastened, with a Lock hung on by them, besides the 
Locks wherwith the same was formerly fastened by the said 
Marchants, and notice therof accordingly giuen them, ffor- 
asmuch as vpon Remonstrance made to his majestie by the 
said Ambassador that the said Marchaunts had since forcebly 
broken open the said Locks, and conveyed away the said 
goods, his majestie was pleased to referr the farther Exami- 
nation and ordering therof to the Board. Theire Uordshipps 
well knowing it to be agreeable, to his majesties Royall pleasure, 
to preserue all amitie and good Corespondence with his deere 
brother the ffrench King, and that the Subiects of that State 
should vpon all occasions receiue aU iust and lawful favour 
and haueing thervpon called before them divers of the said 
Marchaunts, and fully heard theire Allegations concerning 
the said fact did resolue that theire proceedings and carriage 
therin, had beene soe disorderly and contemptious as they 
deserued to be committed to Prison, and to be further ques- 
tioned for the same : but the said Committment was afterwards, 
vpon theire humble submission, and promise of conformitie 
to such order as theire Uordshipps should sett downe, thought 
fitt to be forborne, and it was thervpon hereby ordered, that as- 
well the said Captain as alsoe all other the Marchaunts interessed 



138 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1629. 

in any the said goods, should forthwith redeliuer and restore 
the same in Statu quo prius to be put vnder Sequestration, 
and safe Custodie in such place and manner, as by the Judge 
of the said Courte of Admiral tie should be directed, or in case 
of theire Refusall to stand comitted to the fleete. And that 
for such of the said goods, which were pretended by the said 
Marchants to haue taken wett in the said warehouse wherby 
they were become more perishable vnlesse some care were 
taken in the drying and well ordering of them. Theire llord- 
shipps thinke fitt that leaue be giuen to the said Marchaunts 
to vse such meanes for the prcserueing of the said goods from 
spoyle, as shalbe requisite, vpon Caution giuen to redeliuer 
the same, to be deposited with the rest, within such con- 
venient tyme, as shalbe required of them, by the said Judge 
of the Admiraltie. And because the Board did thinke fitt 
and resolue that an Insolencie of soe high an nature, in Con- 
tempt of all authoritie and gouernment was not to be past 
ouer without some exemplarie punishment. It is ordered that 
the Judge of the Admiraltie should by Examination vpon oath 
or otherwise inquire and find out, who were the principall 
Actors m the breakeing open of the said Warehouse, and 
carrying away the said goods, and thervpon make Certifficate 
to the Board, to the end such further course mought be taken 
for the punishing of them as theire Uordshipps shall find 
cause. And lastly to the end that noe vnnecessarie delay may 
be vsed in bringing the said cause to a heareing theire Uord- 
shipps doe especially recommend it to the Judge of the 
Admiraltie, to proceede therin with all expedite Justice. 

[pp. 472-473.1 

[232.] WhitehaU, 31 October: 
Guiana. A warrant as folio weth. Wheras we haue beene moued 

by the Gouernor of the Company, tradeing to the Riuer of 
the Amazons in the West Indies : that for the defence of theire 
plantation and residence there, they may be permitted to 
furnish themselues with fower peeces of Iron Ordinance called 
Drakes, and to buy the same in the Markett here, for theire 



1629.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 139 

money, and to transporte them for the vse aforesaid. 
[Their Lordships give licence accordingly.] [p. 483.] 

[233.] WhitehaU, ]0 November: 

[A letter to Sir Henry Martin, Judge of the Court of Canada. 
Admiralty :— The goods taken at Canada by Captain Kirke 
and his Company are to remain in sequestration, and not to 
be delivered to any person upon any caution or security 
whatsoever.] [p, 491. ^ 2.] 

[234,] WhitehaU, 2 December : 

[The adventurers to Canada having represented that the Canada, 
goods in sequestration are " so perrished with wett, that they 
would be quite spoyled, unless some course were taken to 
preserve them," their Lordships appoint Sir WiUiam RusseU, 
Sir John Wolstenholme, and Sir Paul Pinder to examine the 
said goods, and to report on their state, and on what course 
they think fit to be taken. For this purpose Sir Henry Martin, 
Judge of the Admiralty, and all others who have any locks 
or keys of the warehouse wherein the goods are, are to deliver 
them to the referees.] [p. 521.] 

[235.] WhitehaU, 31 December: 

Whereas vpon Complaint of the Aduenturers of Canada, Canada. 
Order was giuen to Sir William RusseU Sir Paule Pindare and 
Sir John Walstenham of the said Aduenturers vnder seques- 
tration, who did therevpon make Reporte to the Board as 
foUoweth. According to your Lordshipps Order dated the 
second of this instant December wee haue beene at the Ware- 
house wherein the goods are lately brought from Caneda, and 
in sequestration. Amongst which said goodes, wee find cer- 
taine India Coates made of Beauer Skinnes, and some small 
quantitie of Beauer Skinnes not in garmentes, which are in 
very iU Condition by reason of wett and Moysture they haue 
taken, by which meanes they are perrishable, and wUl come 
( by long lying) to bee of little value. And therefore our opinions 
are (vnder your Lordshipps fauor) That vnlesse the said 



140 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1629-30. 

Coates and Skinnes may be sold or otherwise disposed of 
presently ; It will turne to the great dammage of the Pro- 
prietors wee haue there hkewise seene Deare Skinnes, which 
are dry and well Conditioned for ought wee can perceiue by 
them And so in aU humblenes wee take our leaues this 5th 
of December 1629 : 

Vpon a new Request presented by Generall de Caen for 
sale of the said goodes. Is was this day ordered by the 
Board that the Judge of the Admiraltie shall giue direction 
for two fitt men to bee deputed on the parte of the 
said Aduenturers and Generall-De-Caen on the parte of the 
ffrench to take view of the said Beuer Skinnes and Coates, and 
to lay aside such as are dry and out of daunger, and to aer 
such of them as by aering of them wilbee sufficiently secured, 
and to appoint a certaine day with aU possible speed for the 
sale of the rest, and that they bee sold to him that shall ofier 
most, in the presence of the foresaid Parsons, so deputed by 
both parties, who may bee admitted to rayse the price by 
offering more if they shall so thinke fitt, and paying redy Money 
for the same. The Money proceeding of which Sale is to bee 
deposited in the Admiraltie Court vntiU further Order. And 
if the said Aduenturers shall refuse to depute two fitt men 
on their partes as aforesaid, then the Judge of the Admiraltie 
is to appoint two such Parsons on the behahe of the said 
Aduenturers as hee shall thinke fitt. [p. 566. ^ 2.] 

[236.] WhitehaU, 22 January: Present :— Lord Arch- 
bishop of Yorke, Lord Treasurer, Lord President, Lord Previe 
Scale, Earl of Suffolk, Earl of SaUisbury, Earl of Exeter, Earl 
of Northampton, Earl of Carhle, Earl of Danby, Earl of KelUe, 
Lord Viscount Dorchester, Lord Viscount ffalkland. Lord 
Bishop of Winton, Lord Newbourgh, Lord Sauile, Master 
of the wards, Mr. Secretary Coke. 
Canada. Vppon a long heareing, and debate at the Board, touching 

the buisines in difference betwixt the Enghsh Aduenturers 
to Canada, and Monsieur de Caen a ffrench gentleman about 
certaine Beauuer Skinns, ffurrs. Coats of Beauuor wooll and 



1630] ACTS OP THE PRIVY COUNCIL (COLONIAL). 141 

other Comodities, brought the Last Autumne, from that Coun- 
trie, Each partie alledging that the goods abouementioned 
did belong vnto them. The EngHsh claymeing them, by way 
of Trade and barganing, And the ffrench affirming, that they 
tooke them away by force and that some of the said goods 
are perishable. It was ordered by their Lordships that what- 
soeuer the Board shaU declare, and Sir Henry Martin knight 
Judge of the high Court of Admiralty execute in this busines, 
by their Lordships command, shall in no sort alter the pro- 
pertie, possession or interest in the goods, or of the moneyes 
proceeding of the sale of the perishable goods. And their 
Lordships did further order, that the said EngHsh Aduenturers 
to Canada shall on Munday next in the forenoone, bring or 
send to Sir Henry Martin the key of their warehouse, where 
the said goods doe now remaine that are perishable, which 
now are also vnder the lock of Sir Henry Martin, who therevpon 
is to cause the perishable goods to be apraised in due and 
accustomed manner by honest and able men at the highest 
and vttermost value, and afterwards to be sold openly, to those 
that will giue most for the same, and the money receiued 
for them to be deposited in the hands of the Lord Mayor 
vntill it shalbe determined, to whome it doth iustly belong. 
And lastly for the better and quieter sale of the said goods, 
Their Lordshipps thought fitt and ordered, that none of the 
said parties shalbe present at the sale of the said goods, but 
both parties to appoint some sufficient parties for either side. 
And for the residue of the said goods, which are drye and 
well conditioned, and out of danger suddenly to decay, or be 
impaired either in qualitie or value. Their Lordships thought 
fitt they should remaine vnder such locks and custodie as they 
are at this present. The said Aduenturers haueing engaged 
their promise, that if it should happen, the rates of those 
Comodities to faU in price, that then and in such case the said 
Aduenturers shall and will make good, the rate whereat the 
said goods may be now sold, which that it may the better 
appeare Sir Henry Martin is to caU before him such furriers, 
Skinners, Haberdashers and other Tradesmen as are Accus- 



142 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 

tomed to buy and worke the like Commodities and take their 
approbation of the Value of the said goods at present, whereof 
the said Sir Henry Martin is to keepe an exact note, that it 
may appeare afterwards vppon all occasions, [pp. 595-596.] 

[237.] Whitehall, 28 January : 
Canada. It was this day ordered (his Majestie being present in 

Counsell) that the said former order should be explained, and 
enlarged thus farr vizt. : That aU the Goods shaU be viewed 
in the presence of Monsieur de Caen, And the Aduenturers, 
that an exact Inventorie shall be taken of all, and those that 
are wett, or ill conditioned, to be ajrred, and those that are 
perishable to be sould, and Monsieur de Caen, and the Enghsh 
Aduenturers to be present at the sale, with libertie each 
to bid, and raise the price to the highest value, notwithstanding 
the former Order ; prouided that this permission doe not alter 
the propertJe, possession, or interest of the goods in any sorte 
whatsoever .... And that the visitt shall be made. 
And Inuentarie taken on S^terday next being the 30th of this 
present, and the sale of the perishable goods, on Munday 
following, being the first of fifebruary, by ten of the Clock in 
the morning, without any further delay. And all other direc- 
tions in the said former Order to stand in force. [p. 607.] 

[238.] WhitehaU, 31 January: 

oh'ristopher. "^ Letter to ffrancis Bassett Esqr. ViceadmiraU of the Countie 
of Cornewall. Wee have bin informed that one Captaine 
Reynault did land at St. lues in Cornwall some EngUshmen 
with his Shipp called the ffrancoise Hauere de Grace laden 
with Tobacco, and yellow wood, and that he is arrested, and 
his said Shipp in the names of Thomas Littleton, Anthoney 
Hilton, Roger Glover, and others Marchants of London, upon 
pretence that they came from St. Christophers, and were 
present at the execution of Monsieur de Cuzac. fforasmuch as 
the said Captaine Reynault alledgeth that his pass taken in 
ffrance, was a moneth after the said Monsieur de Cuzac came 
from St. Christophers, and that therefore the said pretence is 



1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 143 

false, wee haue thought good, hereby to require to informe 
yourself carefully of the said information, and if you finde 
it to be true and that there be no other iust cause, for the deten- 
tion of the said Shipp, that then you take present order that 
shee may be restored, together with the goods, and that the 
Captaine and his Companie may be set at libertie, for which 
this shall be your warrant. [617. ^ 2.] 

[239.] Whitehall, 3 February : 

The Board being this day made acquainted, that theire Canada. 
former orders, and in particuler that of the 28th of January 
Last, concerning the goods brought from Canada, had beene 
eluded and disobayed, by the English Marchants, who pretend 
to be Proprietors of the same, and finding vpon Examination 
of some particulers complayned of, that the carriage of the said 
Marchants hath beene indirect and Refractorie to the said 
orders, did now againe vpon mature debate, and aduise had 
therof ratifie theire said former order of the 28th of January 
last, and doe lykewise further order, that Sir WiUiam Becher 
Knight Clerke of the CounceU, in the Company of Sir William 
RusseU, and the Marshall of the Admiraltie shall take an exact 
viewe and Inuentorie of all the said goods, in the presence of 
Monsieur du Can, and other the persons mentioned in the 
said former orders : on which behaKe the said Marchants and 
everie of them, are hereby expressly charged and required to 
permitt and suffer the said Sir William Becher, Sir WiUiam 
Russell, and such others as shalbe by them appoynted to assiste 
therin, to enter into any the Storehouses, and places wher 
any the said goods are ; And in case of theire Ref usall, the said 
Sir William Becher, is hereby required and authorized, to 
commaund any Constables, or other officers to assist him, in 
the breaking open of the Locks or doores of the said ware- 
houses. And concerning such other particulers incident to 
this busines, wherin the said Marchants shalbe required, to 
yeild conformitie by Sir Henry Marten Knight Judge of the 
Admiraltie, and the said Sir William Becher, (vnto whom theire 
Uordshipps haue committed the Care therof) they are hereby 



144 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 

ordered and enioyned to giue obedience thervnto. And it is 
further ordered, that Capt. Kirke and all the Marchants Pre- 
tendors to the said goods, doe attend the Board at Whytehall 
on ffryday next at twoe of the Clocke in the after noone. 
Lastly it is thought fitt that Sir John Wolstenholme, one of 
the ff armors of the Customes, be lykewise hereby required 
to be present at the said next sitting, and that he bring with 
him a true note of the entrie of aU the said goods, and that Sir 
William Becher, doe accordingly send him notice therof. 

[pp. 635-6.] 
[240.] Whitehall, 13 March : 

St- A Letter directed to ffrancis Bassett, Esqr. vice Admirall 

Christopher. n /-v t -r. 

of Cornwall. [On 31 Jan. Bassett had been required to restore 
La ffrancoise of Havre de Grace with its lading and to liberate 
Captain Reynault and his men if he found their statements 
to be correct. Bassett still detains the ship alleging that the 
directions for its release are conditional upon his being satisfied 
that the pretence on which they were arrested is false : mean- 
while the Council has had no report of his proceedings or the 
result of his investigations into the truth of the French claim. 
Bassett is accordingly admonished to show greater respect 
to the Council, and as that body is now satisfied with the 
state of the cause, he is ordered to make restitution of 
the vessel forthwith.] [p. 691 IT 4.] 

[241.] Whitehall, 22 March : 

Christo her ^ I-'etter directed to ffrancis Basset Esqr vice- Admirall 
ns op ei. ^j ^j^g -^oTth of Cornwall. Whereas compla^Tit hath beene 
made by some ffrenchmen who came from St. Christophers 
into the Porte of St. lues, whereof you are Vice Admirall, that 
their Ship and goodes by reason of an undue stay made by 
you of them are perished, to their great preiudice and losse, 
for which they presse to haue recompense, this hauing beene 
done since the Peace estabUshed with firaunce: Wee doe 
therefore hereby wiU and require you to make your speedie 
repake hither, to make answere to the saide complaint. 
Hereof you are in no wyse to faile. [p 709. ^f l.J 



1630.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 145 
[242.] WhitehaU, 24 March : 

Whereas a Petition was presented to his Maiestie by the Canada. 
Aduenturers of Canada in which they humbly remonstrate 
that the Last yeare they left diuerse of his Maiesties louing 
subiects in those partes, vpon discoueries, Plantations, and 
other designes, who without reliefe are lyke to perish. And 
they hauing now fitted shipping for those partes cannot be 
permitted to transports Meale, and other prouisions for the 
releefe of them without Licence. In regarde whereof they 
doe humbly sue, that they may haue Licence to transports 
thither twentie Tuns of Meale, with Pease, clothing, and other 
necessaries fitting for twoe hundreth men. The Boarde being 
informed, by the Lorde viscount Dorchester, of his Maiesties 
gracious pleasure in that behalf e, doth hereby pray and require 
the Lord high Treasurer to guie Order that they may trans- 
porte the particulars before mentioned, they paying his Maiesties 
Customes and duetyes, and giuing good securitio not to trans- 
ports them to anie other parts, nor for anie other purpose. 

[p 712. TI 1.] 

[243.] Whitehall, 2 April: 

[Concerning the business of Canada, the Merchant Adven- Canada, 
turers thither and Monsieur de Caen shall meet before the 
Lord Mayor on Monday next in the forenoon. The beaver- 
skins, which are previously to be weighed by the Judge of 
the Admiralty in presence of the Lord Mayor's appointee, shall 
be adjudged to the French if they offer more, but to the EngHsh 
if they offer more, or as much. The price is to be paid at once 
into the hands of the Lord Mayor, and there to remain until 
it be determined to whom the same shall be paid.] 

[p. 737. H 2.] 
[C.S.P. I. p. 112.] 

[244.] Whitehall, 9 April : 

Whereas it appeares by Certificate from the Lord Mayor that Canada, 
it is agreed, aswell by the Aduenturers of Canada, as by the 
Generall de Caen, that all the Beauor Skinnes, in Deposito, in 

10 



146 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 

the warehouses in Bishopsgate Streets, and in Canning Streete, 
shall bee sold to the said Generall de Caen for twentie fiue 
shillinges sterling the pound ready Money, to be deposited 
in the hand of the said Lord Major according to an order of 
the Board of the second of this Moneth. It was this day ordered 
that Solomon Smith Marshall of the Admiraltie, in whose 
Custodie the said goodes are, shall cause the said Skinnep to 
bee counted in the presence of Abraham Taylor, and some of 
the Aduenturers and the said Generall de Caen if he shall so 
desire ; by WilUam Smith, Thomas Barnes, and Samuell Pierce, 
or any two of them, being men expert in ffurres, and formerly 
employed therein by direction of the Boord ; and then weighed 
in the presence of the said Abraham Taylor and some of the 
Aduenturers and the said de Caen, which being rtonne, the said 
Marshall of the Admiraltie shall then resigne the Custodie of 
the said Beauers into the handes of the said Abraham Taylor 
for the Lord Major who is to deliuer the said Beauers to the 
said Generall de Caen, or his Assignes vpon the receipt of the 
Money, whereunto they amount, after the rate of twentie 
fiue shillings the pound, whereof the said Solomon Smith 
Marshall of the Admiraltie is not to faile, and for his discharge 
in that behalfe this order shall bee his sufficient warraunt. 

[p. 744.] 

[24,5.] Whitehall, 21 April: 

St. [Concerning the complaint made against Mr. Francis Bassett 

Christopher, ^y certain Frenchmen, their Lordships, after hearing the report 
of the Lord Privy Seal, the Lord Viscount Dorchester, and 
Mr. Secretary Coke,] were pleased this day to call Mr. Bassett 
before the Table, and did there declare unto him that they had 
found his Carriage towards the ffrench to have beene both 
discreete and courteous, [and that he should not upon any 
occasion want the good opinion and favour of the Board. 
Reparation is if possible to be obtained from the French]. 

[p. 766. If 1.] 

[246.] Whitehall, 18 May : Signed [by] Lord Keeper, Lord 
President, Lord Chamberlaine, Earl of Suffolk, Earl of Kelhe, 



1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 147 

Lord Viscount Dorchester, Lord Viscount Wentworth, Lord 
Viscount Falkland, Mr. Treasurer, Mr. Secretary Coke. 

A letter to the lord Mayor and Sheriffs of London. 
Whereas you haue formerly receiued Order from this Boord 
to summon the Marchants trading for Canada, to deliuer the 
keyes of the warehouses, where the Beauer Skins remaine, vnto 
your lordship (vpon the depositing of a certaine summe of 
money) which as wee are informed the said Marchants refuse 
to doe ; Wee do therefore pray, and require your lordship &c 
to giue the said marchants another summons to deliuer the 
said keyes, that so the said Skinnes may be deliuered vnto 
Generall de Cane, vpon the depositing of so much money as was 
agreed vpon, by our said former direction which if they refuse 
now againe to doe, vpon this second signification, then wee 
require and hereby authorise your lordship <fec to breake open the 
doore of the said warehouses, and to see the Beauer skines 
deUuered vnto the said Generall de Cane, or his Assignes vpon 
the depositing of the said summe of money as aforesaid, for 
which this shalbe to your lordship &c sufficient warrant. 

[p. 802. last ^.] 
[C.S.P. I. p. 115.] 
[247.] Whitehall, 28 May : 

A Warrant of the tenor foUowing directed to Robert Canada. 
Maxwell one of his Majesties Sarieants at Armes. [The mer- 
chants trading for Canada having been given a second sum- 
mons, and still refusing, the instructions given on 18 May 
to the Lord Mayor and Sheriffs are to be at once carried 
out.] tP 828. II 2.] 



CHARLES I. VOLUME VI. (1 June 1630-31 May 1631.) 

[248.] Whitehall, 2 June : 

This day Tho. ffitz Marchant, being convented before the Canada. 
Board, for a notorious misdemeanor in ImbezeUmg and con- 



148 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 

veying away certaine Beuer Skins out of a warehouse wherin 
they were deposited by way of Sequestration vnder Lock 
hung on by order of the Courte of Admiraltie, was after- 
Examination taken of his Carriage therin committed to the 
Prison of the ffleete. And it was further ordered that the 
Examinations taken before the Board, should be transmitted 
to Mr. Atturney Generall, who after pervsall of them, is 
hereby prayed and required, to take strict Examination of 
this busines, aswell to discouer who were Actors or Abettors 
any way in conveying away the said goods, as to whose hands 
any parte of the same, either in Specie, or any parte of the 
moneys, ariseing vpon the sale of them are come and how 
the same hath beene ymployed, or disposed of and by whose 
direction, with all such other Circumstances as he shall find 
requisite touching the same. And that the Messenger who 
hath the said ffitz. in Custodio doe forthwith carry him before 
Mr. Atturney to the end he may take order for the present 
produceing of the said ffitz his Books of Account without 
which he refuseth (as appeareth in his Examination before 
the Board) to declare what parte of the money aryseing vpon 
the Sale of the said goods he had alreadie receiued. 

[p. 10. If 1.] 
[C.S.P. I. p. 117.] 

[249.] Whitehall, 9 June : 

Canada. An open Warrant directed to Sir William Becher Knight 

Clerke of the Councell, and to Robert Maxwell Esqr. one of 
his majesties Seriants at Armes. fEorasmuch as the Board, was 
this day made acquainted, by Mr. Atturney Generall, that the 
said ffitz : doth absolutely refuse to produce his said Books of 
Account, notwithstanding the said order. Theise shalbe therfore, 
to will and require you, that takeing along with you, 
the said Thomas ffitz : in the Company of the Warden 
of the ffleete or his deputy, you make your ymediate Repairs, 
vnto the dwelling house of the said ifitz : and there require 
him, to make search for, and deliuer vnto you the said Books 
9f Account ; which if he i^hall refuse to doe. That then by 



1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 149 

virtue of this our warrant, you breake open the doores of the 
house or Studdie of the said ffitz : where the said Books are 
remajTieing, and the same to take and bring with you vnto 
Mr. Atturney Generall. ffor which this shalbe your sufficient 
warrant. [p. 16. ^f 2.] 

[250.] Whitehall, June 16. 

An open Warrant directed to Gabriell Marsh, Marshall of the Virginia. 
Admiraltie. Whereas we are informed that there is a shipp which 
came lately from Virginea laden with tobacco, belonging 
to one Mr. SamueU Vassall, and hath beene anchored 
three or fower dayes in Tilbury hope, with purpose to 
defraude his Majestie of his Customes and other Duties. These 
are therefore to authorize and require you forthwith to repaire 
her, and to bring her to the Custome house key, as soone as 
she arrives there you are leaveing some honest man aboard 
her to see that nothing be landed or imbezelled. 

[p. 27. H 1.] 

[25] .] Whitehall, 1 6 June : 

[In view of] the greate contempt and affront of all authoritie Canada, 
and justice showed by the said ffitz, . it was thought 

fitt and ordered, that his Majesties Atturney Generall, doe 
proceed in Starr Chamber against the said ffittz : with all 
expedition, and that he lykewise hasten the Commission, 
agreed on and directed for the examination and discoverie 
of the rest of the Actors or Abettors in the said Misdemeanour, 
and that hereof he give their Lordships an account at their 
next sitting on Fryday in the afternoone ; [in the meantime 
Fitz is to be kept a close prisoner in the Fleet], [p. 28. ^ 2.] 

[C.S.P. L p. 117.] 

[252.] Whitehall, 30 June : 

Wheras a Petition was this day presented to the Board by Virginia, 
ffrancis Weste Esqr. late Gouemor of Virginea. Shewing that 
Sir George Yardley Knight did aboute three yeares since by 
his Last will in writing, with a Schedule thervnto annexed, 
bequeath vnto Dame Temperance his then wife (whom he 
made his sole Executrix) all his Lynen, household stuffe, and 
other things then in his house in St. James Citty, and lykewise 



150 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 

ordayned, that all his other Estate in Virginea, should be by 
her sould, and disposed of for Tobacco, to be conveyed into 
England, and that a. third parte of the pjoceede therof should 
be for the vse and benefitt of his said wife and the other twee 
parts, for his three Children. That the said Sir George soone 
after the makeing of the said wiU deceased, and the Petitioner 
marrying his Widowe, did dureing her life wholy referr vnto 
her, the ordering of all the said Sir Georges Estate who 
according to the intent of the said will converted such parte 
therof as aforesaid into Tobacco, and sent the same for Eng- 
land, which comeing into the hands of Raphe Yardley Citizen 
and Apothecarie of London, and brother to the said Sir George, 
and he being by this meanes possessed therof, and vnder- 
standing that the Petitioners said wife, was since deceased in 
Virginea, vnder pretence of affection to the said Children pro- 
cured to himself e, aswell the Administration of the said Sir 
Georges Estate, as alsoe the Administration of the goods and 
Chattells of the Petitioners said wife, and being thus possessed 
of the Estate aforesaid, doth refuse to accounte with the 
Petitioner for the same, or to come to any reasonable or freindly 
mediation or agreement with him, and therefore the Petitioner 
humbly sought to be releiued herein by order from the Board. 
Theire llordshipps vpon Consideration had therof, conceiueing 
the Petitioners Case (if it be such as is informed) to be Con- 
siderable, and to deserue all iust favour and Releefe. And 
considering the difference betweene them, rests cheefely vpon 
matter of Accounte doe thinke fitt and order, that the further 
Examination therof be referred, to Sir Paule Pinder and Sir John 
Wolstenholme Knights — Perry and — Dauis Marchants persons 
experienced in busines of this nature, requireing them, or any 
three of them after due Information had therof, to mediate 
and settle such an end betweene them (if they can) as shalbe 
indifferent and equitable, or otherwise to make Certifficate 
in writinge to the Board, of the true State of the Cause, and 
in whom the default is togeither with theire opinions con- 
cerning the same, whervpon theire llordshipps will giue such 
further order as they shaU find Cause. [pp. 53-54.] 



1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 151 

[253.] WhitehaU, 2 July : Present :— Lorde Keeper, Lord 
Treasurer, Erie of Bridgwater, Lord viscount Dorchester, Mr. 
Treasurer, Mr. Secretarie. 

Whereas a petition was this day presented to the Boarde The 
by Captaine Luke ffox, wherein he doth humblie remonstrate, Kg^^'* 
that his Majestic was gratiously pleased to lende the Pinnace 
called the Charles with the Ordinance, Munition, and four- 
niture necessarie, vnto the Adventurers for the North-west 
passage, to be set foorth this spring for the discoverie thereof, 
but by reason the tyme of the yeare was so farr spent, before 
the provisions could be made ready, the Adventurers out of 
their speciall care to take a seasonable and fit tyme, that they 
may giue his Majesty a good account of their diligence therein, 
are resolved to def erre the voyage vntiU the next yeare ; havmg 
before the deferring thereof, bene at the charge of thirty fiue 
pounds, for bringing the said Pinace from Chatham with 
docking, graving, and preparing her for the voyage intended. 
In regarde whereof he doth humbhe sue, that if their lordships 
shall not thinke fit to appoint the said Pinnace for his Majesties 
seruice, they wilbe pleased to grant permission to him, and 
the aforesaid Adventurers, to employ the said Pinnace along 
the Coast or otherwise, vntill the season shalbe fit for the 
aforesaid intended voyage, the rather for that it is reported, 
that she is slowe of saile, and being a cast Ship, and appointed 
to be solde, may want many repaires, and other Carpenters 
worke, not yet knowne vnto them, to make her seruiceable, 
for a voyage of discovery, which wilbe founde by her employ- 
ments, the Ship much bettered, and the charge past, and to 
come defrayed : Their lordships having taken this his humble 
suite into consideration, doe pray, require, and autorise the 
Lords and others Commissioners for the Admiralty, to cause 
the same his Majesties said Pinnace, with her Tackle, Ordi- 
nance, and fourniture, to be lent to the petioner, and the afore- 
said Adventurers, to be set foorth and employed, either as 
a mere Man of Warr, or in Marchandising with letters of 
Marque, vntill the season shalbe fit, for the vndertaking of 



152 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 

the voyage, for which his Majestie was gratiously pleased to 

lende the same vnto them. [p- 6].] 

[C.S.P. Domestic. 1629-31. p. 300.] 

[254.] Whitehall, 9 July : 
Canada. Their lordships hauing heard the Reporte of Mr. Attorney 

Generall vpon the examination which he hath taken of 
Thomas ffitz Marchant by direction from the Boarde, doe 
thinke fit and Order that the said ffitz may haue permission 
to goe abrode with a Keeper to performe that which he did 
offer to Mr. Attorney at the tyme of his examination, and 
particularly to deposite into the Lorde Mayors hands the 
Severs which he had taken from the place where they were 
formerly deposited, by order of the Boarde. And when he 
shall haue thus yeilded obedience to the Orders of the Boarde. 
Their Lordships will take farther consideration of him. 

[p. 69. H 1.] 
[C.S.P. I. p. 118.] 

[255.] Whitehall, 14 July : 

Vpon the humble Petition of Thomas ffitz Marchant now 
Prisoner in the ffleet, which was this day reade at the Boarde 
wherein he doth remonstrate, that he hath to his greate losse 
recovered back all the Beauer skins, which were in his ware- 
house, and that the same skins are now there againe at their 
Lordships commande, and doth therevpon humbly sue that 
he may be releassed from his imprisonment, whereby he doth 
greatly suffer, both in his credit and Estate. It is Ordered 
that his Majesties Attorney generall shaU examine the truth 
thereof, and if he shall finde that it is so as the Petitioner 
informeth, and vpon good securitie that they shall not be 
removed from thence, nor any way disposed of without 
direction from the Boarde he is then required and hereby 
autorised to take order that the Petitioner may be discharged 
from his imprisonment, and haue his libertie. 

[p. 78. last If.] 
[C.S.P. I. p. 118.] 



1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 153 

[256.] Saint James, 27 July : 

An open Warrant with generaU directions to Captaine Mathew Virginia. 
Smalwood, Captaine of the Ship called the Tryall of London 
set forth by Captaine Preene, And is to carry- such Artists, 
Munition, and provisions, to the Colony in Virgina, as are 
requisite for the Planters there ; And lykewise to transport 
thither such passengers, and Mariners, as are to goe in the 
said Ship, without molestation, or imprest. [p. 88. ^ 1.] 

[257.] WhitehaU, 15 September : 

Whereas Captaine John Preene by an humble Petition Virginia, 
this day exhibited to the Board, did shew that he haueing 
sould vnto Captaine William Smyth a Shipp called the Tryall 
of London for 400Z. to pay 133Z. 65. 8d. in hand, and to 
procure one Mr. John Smyth to Joyne with himselfe as his 
surety for the rest being 266/. 135. 4d. to be paid at the end 
of 12 Moneths following, wherevpon the Petitioner receiued 
in parbe of the first payment 100?. but the said Smyth hath 
neither paid the 331. 6s. Sd. nor can he procure his pro- 
pounded securitie, to stand bound with him. Wherevpon 
the said Petitioner finding his Shipp at "Drift and damnified 
to the value of 100/., besides parte of his stores embesiled 
to the value of 80/. or thereabouts (as is alleaged by the 
Petitioner, and hopeless of any farther satisfaction from the 
said Smyth) rigged and prepared her for a voyage to Verginia, 
by vertue of a warrant from the Board, beareing date the 27th of 
July last, Neuertheles the said Smyth hath arrested the said 
Shipp as his o wne, merely to hinder, and ouerthrow the Voyage, 
and to preiudice the Plantation, by staying the Artificers, and 
promsions alredy prepared, and furnished for that service, 
In consideration whereof, and that the said Captaine Preene, 
maketh offer to giue good Bayle to Sir Henry Martin, or his 
Surrogate, to answer the suite at Law, wee doe therefore 
hereby wiU and require the said Sir Henry Martin or his 
Surrogate presently vpon sight hereof to giue effectuall order 
to 4 of the Masters of the Trinity house to vieu and apprize 
the said shipp ; And vpon retoume of the Apprizment vnto 
them or either of them, to take sufficient bayle of the said 



154 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 

Captaine Preene as aforesaid, and that being done likewise 
to giue direction to the Officers of the Admiralty, and all 
others whome it may concerne to suffer the said Shipp togeither 
with her furniture passingers, and lading to proceed on her 
intended voyage. [p. 104. last ^.] 

[C.S.P. I. p. 120.] 

[258.] Hampton Court, 29 September : Present : — Lord 
Keeper, Lord Treasurer, Lord President, Lord Privie Seale, 
Earl Marshall, Lord Chamberlaine, Earl of SaUsbury, Earl of 
Carlile, Earl of Holland, Earl of Monteith, Lord Viscount 
Dorchester, Lord Viscount Wimbledon, Lord Viscount fifalk- 
land, Mr. Vice Chamberlaine, Mr. Treasurer, Mr. Secretary 
Coke, Sir William Alexander. 

Massa- Whereas a Petition was this day presented to the Board. 

Bay. '^^ th® behalf e of the Gouernor, and Companie of the Matta- 

cheusetts Bay in now England, in America, whereby they desired 
(amongst other things) leaue to transport certaine Corne, and 
other necessarie prouisions for the releife of the Plantation 
theire, which the Board thought fitt to graunt vnto them, 
as also for the preuentmg of disorderly Trade, of ffishermen, 
and other interlopers, that a Proclamation sett out by King 
James of blessed memorie beareing date the 6th of Nouember 
in the 20th yeare of his Raigne should be renewed with some 
other needfull and benificiall additions which may tend to 
the safety and prosperitie of the said Plantation. The Board 
being allwayes ready to giue their best assistance to works 
of this kinde, which ayme at the propagation of the Christian 
Religion, the honor of his Majestic, and increase of Trade, 
thought fitt and ordered that his Majesties Attumey generall, 
shall be prayed and required to call vnto him the Gouernor, 
or such assistants rf the said Companie, as are here in 
England, and vpon conference with them to insert them into 
a draught of a Proclamation, and prepare a bill fitt for his 
Majesties Royall signature accordingly.* [p. 118. ^f 2.] 

• This permission was given to Massachusetts though there was so great 
a tamme m England that all export of grain and beer had been prohibited. 
10 prevent the undue use of wheat, restrictions had been put ou the 
makmg of beer, starch &c; 



1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 155 

[259.] Hampton Court, 29 September : Present : As before. 

Captaine William Smyth haueing this day shewed to the virgii 
Board, by his humble Petition, that he had bought a Shipp 
called the Tryall of Captaine John Preen, and had formerly 
the possession of the said shipp, hauemg paid lOOZ. in parte 
of payment, and bestowed to the value of 400Z. in rigging and 
prepareing her for a voyage. And that notwithstanding the 
said Shipp was to be appraised, and possession thereof to be 
dehuered to the said Preen (he giueing in bayle to Sir Henry 
Martin) by vertue of a Warrant from this Board of the 15th 
of this Instant as in the said Petition more at large is 
expressed ; On the other side the said Captaine Preen 
complained of great preiudice that he had receiued, by the 
not payment of the full somme according to the bargaine 
betweene him and Captaine Smyth, fforasmuch as this 
buisines dependeth in the Admiralty Court, and diuers Wit- 
nesses haue bin examined there, insomuch as the said 
Captaine Smyth sett forth in his Petition, that he had desired 
publication, and is willing within three dayes to proceed 
to sentence, if the said Captaine Preen be so content. Their 
Lordshipps haueing considered of the allegation on both 
sides, and finding that the finall decision, and ending thereof, 
is most proper to the Admiralty Court, [do refer it 
thereto.] [p. 118. H 3.] 

[260.] Ibid. 

Whereas a Motion was made to the Board, m the name of 
the ffrench Ambassador residing here. That the goods brought 
home in the Shipps lately retourned from Canada, might be 
sequestred, supposeing that some of the said goods might 
be taken from the ffrench. The Board haueing this day called 
the Aduenturers trading to Canada before them, and strictly 
examined them whether they had brought home any goods 
or Marchandiije taken from the ffrench, who did constantly 
aiiirme, and protest, that they had brought home this Voyage 
no goods but onely such as they had bought and bartered 
for with their owne proper goods by way of Trade, and further 



156 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 

that they had neither seene, nor had any difference, with any 
of the ffrench Kings Subjects, either at Canada, or in the Voyage 
outward, or homewards bound. Their Lordshipps finding 
no cause to graunt the sequestration desired, dismissed the 
said Aduenturers with permission to dispose of their said 
goods, and Marchandize, to theire owne best benifitt and 
advantage. Prouided neuertheless that the said Aduenturers 
doe make a perfect Inuentorie, containing the quantities, and 
qualities of their said goods, and deliuer it to Sir Henry 
Martin knight Judge of the Court of Admiralty, to remayne 
with liim vpon all occasions. [p. 121. last ^.] 

[26].] , 20 September: 

Virginia. A Letter to the Gouernor and Counsell of Virginia. 

Complaint hath bin made both to his Majestie, and this 
Board against you in a petition presented by the brother of 
Doctor Pott, a man that hath bin employed as you are, and 
for ought wee yett know to the contrary, hath demeaned 
himselfe weU, and wee haue heard two Certificate read 
at the Board, the one from Captaine Richard Stephens of the 
Councell there, and the other from Captaine Thomas 
Willowby, which seeme to importe some hard measure against 
him. But wee are not apt to giue creditt to any Complaints 
of this kinde, against a man that is intrusted by his Majestie 
m a place of gouemment as you are. And therefore wee 
haue sent you the said Petition that was exhibited to his 
Majestie, the other that was presented to the Board being 
to the same effect, to th'end that you may take it into con- 
sideration, and therevpon proceed according to Justice, and 
the orders Estabhshed in that Gouemment which wee pray 
and require you to doe with conuenient expedition, that so 
there may be no further iust cause of complaint, withall 
assuring you, that ill grounded Clamors shall haue no coun- 
tenance from hence, but in the meane while we further pray 
you to call the said Doctor Pott before you, and aU the rest 
of the Councell there, and to giue him a fuU hearing in such 



1630.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 157 

matters as he may stand charged withall, or can alleage for 
his iustification. [p. i25. Ust %] 

, „ [C.S.P. L f. 121.1 

[262.] , 30 September : y- f i 

A Letter to the Gouernor and Councell of Virginia. Virginia. 
Whereas Thomas Grendon hath by his petition humbly 
represented vnto vs, that he haueing disboursed to the value 
of 1400?. in diuers partes of Virginia, for the furtherance, 
and benifit of the Plantation there, and finding the people 
there planted, haue applied themselues onely to the planting 
of Tobacco, which is the decay of that Plantation, to which 
wee gme no incouragment or Licence. And that the said 
Grindon hath lately at his farther charge sent into those 
partes diuers ingenious Artificers for the makeing of Artificiall 
Mills vsefull for sundrie Comodities, And Sawes, for the sawing 
of Timber for diuers purposes ; as also other people skillfull 
in makeing Rape Oyles, and Sope Ashes, all which are things 
vsefull, and necessarie for this Kingdome ; his intention being 
to bend all his indevors for the imployment of his Majesties 
Subjects, and the good of the Common Weale. Wee haueing 
taken the said Grendons petition, and relation into due con- 
sideration, and conceiueing therevpon that his good indeauors 
aboue mentioned deserue countenance and incouragement 
doe earnestly recommend him, and his said vndertakeings 
vnto you. [p. 128. last ^.] 

[263.] Whitehall, 29 October : 

Whereas the Board was this day made acquainted by Sir Virginia. 
John ffinch Knight that the now Gouernor of Virginia had 
ellected and established Henry ffinch brother to the said Sir 
John Councellor and Secretary there ; Whereof theire Lord- 
ships (taking good knowledge of the quallitie and sufficiencie 
of the Gentleman) did well approve : fforasmuch as the said 
Sir John ffinch did now humbly move theire Lordships, that 
considering ordinarily the Secretary there, was remou cable 
vpon the death or change of euerie Gouernor, that therefore 
they would be pleased in favour of him and his said Brother, 



158 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630. 

soe to establish him in the said place, as to continue the same 
during the pleasure of his Majesty or this Board, and not to 
be remoueable otherwise. [The Attorney General is] re- 
quired to drawe vp a Bill ready for his Majesties signature 
contayning a Graunt of the said Secretaries place of Vir- 
ginia to the said Henry ffinch during his Majesties pleasure. 

[p. 143. last 11.] 

[264.] Whitehall, 31 October: 
Virginia. A letter to the Governor of Virginia. By your letter of 

the 29th of May last, wee haue receaued an Account 
of your proceedings since your coming thether as well in 
pursueance of the Instructions given you, both from his Majesty 
and this Board, as also of such other particulars mentioned in 
your said letter, as tende to the rectifieing of abuses and the 
advancement of that Plantation. In all which wee finde cause 
well to approve of your Judgment and Industry, and par- 
ticularly of the course by you taken, against Dr. John Potts 
whose lewde and Insolent practizes and behaviour (if they be 
such as are informed) have well deserued a more severe and 
exemplary punishment then that wherewith you haue 
acquainted vs ; And doe therefore thinke fitt that you 
further proceed against him according to his demerittes. 
And in Case you shall finde him for the future to perseuer in 
the lyke enormeous courses and demeanor soe much to the 
disturbance of that Plantation and the orderly gouernment 
thereof, that then you cause him to be sent ouer hether in safe 
custody, to be proceeded with heere as shalbe thought fitt. 
Soe assuring ourselues that you will goe on as you have well 
begunne, in discharge of the great Trust comited to you by 
his Majesty for the good and improavement of that Plantation, 
and assuring you likewise that wee will not be wanting to 
represent to his Majesty your seruices and good endeauors 
to your best aduantage, vpon all occassions. 

Postscript.— In Case any letter of this Board of a former 
date, on the behalfe of the said Dr. Potts, come to your 
hands, the same being procured (if any such be) surreptitiously 



1630-1.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 159 

and by misinformation, you are notwithstanding the same 
to proceede against him according to the direction of these 
our letters. ^p 144 ^ 3.] 

[265.] Whitehall, 10 January: signed :— Lord Keeper, 
Lord Previe Seale, Earl Marshall, Earl of Sahsbury, Earl of 
Holland, Mr. Treasurer, Mr. Secretary Coke. 

A Letter to the Lord Vere. His Majestie hath lately Weat indie, 
by Patent giuen leaue to our very good Lord the Earle 
of Warwick, and others to settle a Plantation in 
certaine Island in the Coast of America, to which 
places there are already transported men and pro- 
uisions. And it is his Majesties pleasure (vpon the 
humble suite of the said Earle) that he shall Shipp 
and Carrie thether twenty peeces of Ordnance, with their 
Carriages, and appurtenances, and one last of Powder, for 
the defence, and safety of those Islands, and their Trade, 
fEor the doing whereof we pray your Lordship to giue 
Warrant and direction accordingly, the Earle of Warwick or 
his Assignes paying for the same, for which this shall be to 
your Lordship Sufficient Warrant. [p. £83. 1| 1.] 

[266.] Whitehall, 4 February : 

Wheras the Board was this day made acquainted aswell Weat indies 
by the humble petition of the Planters and Aduenturers to 
the Caribbee Islands, as by the Earl of CarlUe present in 
Councell of the greate distresse wherin the said Planters and 
theire servants, were at this present by reason of the greate 
want of bread, and other victualls there. fEor whose releefe 
there being as is lykewise informed six Shipps now bound thither 
in each of which there is to be transported twentie Hogsheda 
of Meale, with other provisions of victuall, all or the most 
parte akeadie put aboard. It was therfore moued that Lycence 
mought be giuen for transportation therof, notwithstanding 
the stay therof made by the Customers. Theire llordshipps 
well allowing therof did thinke fitt and order, that the same 



160 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631. 

be recom ended to the Lord Treasurer, to giue order to the 
officers of the Customes therein accordingly. 

[p. 337. last ^.] 

[267.] Whitehall, 2 March : 
Canada. Whereas the Adventurers for Canada made humble Sute 

to the Boarde for permission to buy one hundreth quarters 
of Pease here m London and to embarque the same in the 
Ships which they now are sending for Canada aforesaid : 
And whereas also they made lyke Sate for permission to 
ship and embarque for the same purpose one hundreth hogs- 
heads of Meale, which they haue prouided at Plymouth Their 
lordships thinking fit to graunt both these their Suits, doe 
therefore pray and require the Lorde Treasurer to take notice 
thereof, and to giue permission accordingly, the Petitioners 
gluing good securitie that the same shall onely be employed 
for the vse of the Company now resyding in Canada, and of 
those that are now to goe in the Ships which the saide 
Adventurers are sending thither. [p. 377. ^f 1.] 

[268.] Whitehall, 6 March : 
New Whereas Captaine Henry Keyes hath made humble sute 

England. i . -r. n p • • 

to this Boarde tor permission to transporte thirtie quarters 
of Meale, and twenty quarters of Pease, from the Porte of 
Portsmouth to Pascatoway in New-England, for the rehefe of his 
Majesties Subjects the planters there, who through want of 
such supply are not able to proceede to a farther discovery 
of those partes, fforasmuch as it is meet that a seruice of 
that Nature should haue all convenient furtherance and 
encouragement, [the Lord Treasurer is directed to give 
order accordingly]. [p, 382. last %] 

[269.] Whitehall, 12 March: 

Tobacco. A Letter to Sir James Bag Vice Admirall of the County of 

Deuon. We are giuen to vnderstande that a Ship laden by 

Mr. John Deloudp [Delond] with Tobacco from Virginia and 

St. Christophers, ^s lately arrived at Ilforde Combe, which 



1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 161 

by his Majesties Proclamation lately published ought to be 
brought about to the Porte of London. These are therefore 
to pray require you to take present Order, that the 
saide Ship with her lading of Tobacco, may be accordingly 
brought to the saide Porte of London at the charge of the 
Marchant, or if he shall refuse to doe it in such maner as is 
fit, but most convenient for himselfe in diuerse respects, then 
you are to receiue the saide Ship and goods by inventorie with 
the Marchant into your charge, or if you finde difficultie therein, 
you are to make vp the hatches, and bring the Master and 
Purser about with you, in the Ship, and to man and victuall 
the Ship, and sende it to the saide Porte of London with all 
convenient speede. [p- 393. 1| 2.] 

[270.] Whitehall, 12 April : 

A Letter to Sir James Bagge vice AdmiraU of Deuon. Tobacco. 
Whereas we are informed that one Capt. Peeter Andrewes is 
lately come from Virginia in a Shipp laden with Tobacco 
now putt into the Porte of Plymouth and intends to conuey 
the same from thence into the Lowe Countryes contrary to 
his Majesties Proclamation on that behalfe. These shall be 
therefore to authorise and require you to cause the said Capt. 
Andrewes to giue good Security to the full valew of the said 
Tobacco and for the brmging of the same to his Majesties 
Custome house at the Porte of London or otherwise vpon his 
refusall so to doe that you detaine the said Captaine with the 
Shippe and Goodes therein vntill further order for which this 
shall bee your warratint. [P- 446. ^ 5.] 

A like Letter to Captaine Mince, Captaine of one of his 
Majesties Shipps riding in the Downes. [p. 447. Ij 1.] 

Another Letter to the Lord Treasurer to giue like directions 
to his Deputy or Officers in the Isle of Wight if the said 
Captaine Andrewes come vpon those Coasts. [p. 447. H 2.] 

[271.] Ibid. 

Another Letter to Sir James Bagg Knight. Wheras by our Tobacco. 
Letter of the 22th of March we gaue you order to send from 



11 



162 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631. 

Elford Combe, or Bamestable to London, all such Tobacco 
as was brought into that Porte from Virginea. But forasmuch 
as we are informed that the Shipp which brought thither the 
said Tobacco is leake and insufficient, and that the owners 
of the Tobacco, conceaues it wilbe more comodiously trans- 
ported from Barnstable to Bristoll, and from thence to 
London, by Land, and yet neuerthelesse will not vndertake 
the doeing therof himselfe, which if he or they shall againe 
refuse as alsoe to giue Bond for the due performance therof. 
Theise are to authorize you or your Deputy to take the said 
Tobacco by weight into your Custodie, and to require the 
owners therof, and the officers of the Custome house to be at 
the weighinge therof, and the same to send from Bamestable 
to London by Sea, or from thence to Bristoll by Water, and 
thence to London by Land, takemg Care that none be 
imbezelled but that all be deMuered into his majesties Store- 
houses at his Custome house in London. And for your better 
doeing hereof. Theise are to authorize and require you, to 
take vpp and presse, a fitt Barke or Shipp, and a convenient 
nomber of Seamen and Mariners, for which this shall be your 
Warrant, &c. [p. 447. v 3 j 

[272.] Whitehall, 14 April : 

A letter to Captain Mennas, Captain of one of his Majestys 
ships riding in the Downs, [repeating the letter of 12 April 
with the addition] :— These are further to will and require 
you to make stay of the Shipp called the Christopher and Mary, 
and of another called the Love, or of any other Shipp or Shippes 
that shall come from Virginia, with Tobacco into those 
parts where you are ; for which this shall bee your warrannt. 

ip. 451. H 2.] 

[273.] WhitehaU, 31 May: 

West Indies. Whereas our verie good Lord, the Earle of Carhle hath 

appomted a Shipp of 150 Tonns called the Robert Bona- 

venture of Plymouth to be sent with fiftie men, as Planters 

to the Island called St. Christophers, or anie other of the Caribe 



Tobacco. 



1631.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 163 

Islands, within his Lordshipps Plantations. Theise are there- 
fore to will and Comand you and eiiery of you, whome it may 
concerne to permit and suffer Robert Trelawny Robert Gande 
[? Gaude] or anie other aduenturers in the said Shipp, to lade 
and transport a sufficient proportion of Victualls, Beare, and 
other provisions necessarie, to serue for 50 : men (besides the 
Shipps Companie, for a whole yeare, for which this shall be 
your warrant. [p. 551. ^| 1.] 



CHARLES I. VOLUME VII. (1 June 1631-30 Ap. 1632.) 
[274.] WhitehaU, 30 June: 

A Letter to the Gouemor and Councell of Virginea. Virginia. 
Whereas by former Letters from this Board, of the last of 
Aprill 1630 : We recomended vnto your especiaU Care, the 
busines of Mr. John Woodhall, an Aduenturer and Planter 
in that Collony, concerning the restoreing him to his right 
in an Estate of land and Cattell which he had heretofore 
purchased of the heires of Sir Samuell ArgoU Knight, 
fforasmuch as the said Mr. Woodhall hath now againe com- 
playned vnto vs, that notwithstanding our said Letters, his 
cause is still delayed there, and he as yet frustrate of any 
Releefe therin through the opposition and practize of some 
of you of the CounceU who being the cheefe detaynors of his 
said land and Cattell from him, are both parties and Judges 
in the Cause. As we cannot but marvell at such your neglect 
of the Comaunds, and Recomendations from this Board and 
haue iust cause not onely to blame you for the same but for 
your partiaU and delatory proceedings (if they be such as is 
informed) in the administration of Justice. And being ever 
carefull not to suffer the same to be interrupted or preiudiced, 
out of priuate Respect or Interest of any particular persons 
whatsoeuer. Soe we doe hereby againe expressly will and 
require you, to afford the Petitioner expedite Justice, with 
aU lawfull favour, that he may enioy the benefitt intended 



164 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631. 

him by our said former Letters, and haue noe further cause 
to complaine or trouble this Board concerning the same. 

[p. 71. last %] 

[275.] WhitehaU, 15 July: 

Virginia. Vpon a Petition of the Planters of Virginia being at this 

present in Englande, wherein they humbly sue for the reasons 
conteined in the saide Petition, that they may haue Bils of 
store without Custome and Impost, for the Tobacco which they 
haue now in England amounting to one hundreth thowsande 
weighte or thereabout, hauing bene brought in severaU ships ; 
It was Ordered that they shoulde attende the Lorde high 
Treasurer, and the Lorde Cottington Chancellor of the 
Exchecquer, who were prayed to treate with them vpon such 
Propositions to be by them made as might be thought reason- 
able and indifferent for the sethng of that busines ; Where- 
upon the saide Lord high Treasurer hauing called before him 
the aforesaid Planters and the ffarmors of the Customes did 
Order that a thirde parte of the quantity of Tobacco before 
mentioned, should be deHuered to the Owners by Bills of 
Store, and that for the rest, vizt the other twoe thirde partes, 
they shall pay foure pence a pownde custome and impost 
to the King, and that onely those shalbe comprehended in 
this Order whose names are set downe in the annexed Schedule ; 
Which Order was this day approved and ratified by the 
Boarde. 

A Note of such parcells of Tobacco as the Planters 
of Virginia now in Englande haue come home this yeare 
in severall shipps. 
In the Ship the Christopher and Marie, 
markt I. S. Inprimis Joseph Stratton 32 Hogsheads, 4 

Butts, 1 chest, 
1 Barrel!, 
markt E. R. Itm Edward Johnson . . 2 hogs, 
markt H: L. Itm Thomas Atwell . . .. 10 hogs, 
markt G. B. Itm Anne Burcher . . . . 4 hogs, 
markt J : B : Itm Joseph Brewer . . . . 82 hogs. 



1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 165 



markt M. 


J: 


markt R : 


F 


markt R H 


markt S ' 


3 


markt P : 


C: 


markt R 


: S: 


markt S : 


C: 


markt A 


: R: 


markt G 


: B: 



Itm margaret Jones 
Itm Robert ffit 
Itm Randel Holte . 
Itm Simon Sturgis . 



6 hogs. 
12 hogs. 

6 hogs, 1 Barrel. 
14 hogs. 



markt A : W : 
markt F F &c 



markt E : F. 
markt P : C 
markt C F 



In the ship called the Vnicorne. 

Itm PercivaU Champion 9 hogsheads, 

Itm Robt. Sabin 

Itm Silvester Colton 

Itm Dorothy Keinston . . 

Itm Anne Burcher . . 

Itm Robt. Scotsmore 

Itm Mrs. Pott 

Itm Mr. Grindon 
Itm John Brewer 
In the Ship called the Loue 
Itm Antony WiUs . . 
Itm fEarrar fflinton . . 



markt R : 
markt R : 
markt P : 
markt W 
markt R : 
markt E : 
markt W 
markt W 



M: 
C: 
C: 

R 
S: 
F. 

R 

T: 



8 hogs. 

3 hogs. 

6 hogs: 1 Barrel. 

2 hogs. 

1 hogs. 
13hoggs:8Butts 

2 hogs. 



Itm Edward ffisher . . 

Itm PerciuaU Champion 

Itm Clement Jones . . 

Itm John Chue . . 

Peter Stafferton 

In the Ship called the Jane. 

Itm Mr. ffarrar 60 hogsheads 



16 hogsheads. 
10 hogs: 6 markt 
F. F : and 4 
D: W: 
13 hogs. 
3 hogs. 
10 hogs. 
6 hogs. 
20 hogs. 



Itm Mr. Thomas Palmer 
Itm Rich : Machinn . . . 
Itm Robert Clements 
Itm PerciuaU Champion 
Itm Wm. CasteU 
Itm Robt : Sabin 
Itm Edward ffisher . . 
Itm WatsaU Roynor 
Itm Wm. Turner .. . 

Thomas Osborne . . . 



30 hogs. 

4 hogs. 

6 hogs. 

6 hogs. 
15 hogs. 

3 hogs. 

2 hogs. 

6 hogs. 

6 hogsheads : 3 

barr: 
xi. hogs. 



Tobacco. 



Guiana. 



166 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631. 

In the Ship called the Philip, 
markt H : H : Itm Henry Hartwell . . 4 hog3. 
Wm. Harris xi. hogs markt 

W : H : and 2 W : B :— 13 hogs, 
markt T : C : Robt. Scotsmore . . . . 8 hogs. 

Anne Burcher 2 hogs. 

Mrs. Hill 2 hogs. 

Mrs. Barnaby 10 hogs. 

Captame ffrancis Baldwine 6 hogs : and 1 

Chest. 

Hannah Snode 01 hogs. 

Ehz : Johnson 03 

Mr. Hotchkins 18 hogs. 

Mr. fflinton more then for- 
merly iiOlbs. Tobacco in Rolle. 
one Janes a very poore woeman 4 hogs. 

Ehz : Peddock 12 hogs. 

Clement Evans 10 

Mary Harvy 6 

Christopher Bancks . . . . 6 

[pp. 100-101.] 

[276. J Whitehall, 15 July : 

Whereas the Boarde is informed that there is a Ship 
lying in the Riuer of Thames called the Jane laden with 
Tobacco the Master whereof doth keepe all the Tobacco a 
Boarde for freight, and wiU not sufEer the same to be landed 
and brought into the Kings storehouses : It is therevpon 
Ordered that the saide Tobacco shalbe landed and brought 
into the saide Storehouses that his Majestyes duetyes may 
be paide. Whereof the Lorde Treasurer is prayed and 
required to take notice, and to giue efEectuaU Order that the 
same be perfourmed accordingly. [p. 103. ^ 2.] 

[277.] WhitehaU, 22 July : 

Whereas our very good Lorde the Erie of Barkshire hauing 
bestowed great costes in making a Plantation in the Southerne 
Continent of America and shall haue necessary vse for diuerse 



1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 167 

pieces of Ordinance, both for the fournishing of such Ships 
as his Lordship shall haue occasion to sende thither. As also 
for the better strengthening and fortifying of the saide Plan- 
tation against the invasion of an Enimy, and doth therefore 
desire he may buy for his money ffifty pieces of these severall 
sortes, vizt fowre Culverin, fower demi Culverin, twelve 
Saker, Twelue Minion tenne ffaulcon, foure Saker-Cutts, and 
foure Minion Cuts. These are therefore to signify vnto all 
such persons whom it may any concerne, that they are not 
to interrupt or hinder the saide Erie either from buying, putting 
on Shipboarde, or from transporting any such Ordinance, 
not exceeding the number nor the seueral sortes before specifyed 
in this our Warrant, prouided also that good security be 
giuen that they shall not be otherwyse employed then for the 
saide Ships and Plantation And this shalbe their warrant. 

[p. 116. 11 1.] 

[278.] Whitehall, 24 July : 

Twoe Letters of the tenor following, the one to the Justices EngUsh 
of Peace of the County of Gloucester, the other to the Justices ° 
of the Peace of the County of Worcester. Wee could not 
haue behaved that after so many commands by his Majesty, 
and his royal ffather of blessed memory by ther royal Pro- 
clamations grounded vpon such weighty reasons as are therein 
expressed, anie man would haue presumed to haue planted, 
or maynteined anie Enghsh Tobacco, which hath beene found 
so full of inconvenience, vntill wee haue beene lately informed 
that in diuerse partes of this Kmgdome especially in 
that County of Gloucester there is yet great quantitie of 
Enghsh Tobacco planted and continued contrary to these 
strict prohibitions. [You are therefore to send] for the 
Conestables and head-bourroughes of those parishes and 
places where of youre owne knowledge, or by credible iofor- 
mation you shall vnderstand Tobacco to be planted or 
maynteined, and shall commande them in their owne persons, 
taking vnto them such of their neighbors for their assistance 
as they shall thinke fit vtterly to destroy the saide Tobacco, 
and to certifie vnto vs the names of all such as haue offended 



168 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631. 

herein, or shall make anie resistance against the destruction 
of such Tobacco, and lykewyse the names of such Officers 
as shall negligently execute his Majesties commands signifyed 
by these our Letters, ffor which purpose wee haue sent one 
of the Messengers of his Majesties Chamber to attende yow 
with our Letters, by whom, upon his returns wee expect an 
Account from yow of this seruice. [p. 121. ^f 2.] 

[279.] Whitehall, 14 October : Present : — Lord Keeper, 
Lord Treasurer, Lord Priuie Scale, Earl Marshall, Earl of 
Kelley, Lord Viscount ffalkland. Lord Bishop of London, 
Mr. Secretary Coke. 
Canada. Whcras Capt. Kirk and others, the Aduenturers of Canada, 

did humbly shew to the Board that they haueing the sole 
trade into those parts granted vnto them prohibiting all others 
to trade thither. That neuerthelesse divers persons vizt 
John Baker, James Ricroft, Capt. Eustas Man Henry West 
and others, haue as Interlopers presumed to carry away a 
greate parte of the said Trade to the greate Dammage and 
disablement of the Aduenturers to mayntayne theire CoUony 
there for defence of the said Isle, and to proceede in the said 
Trade, fforasmuch as the said persons were thervpon this 
day convented before the Board some of the said Aduenturers 
being then alsoe present. And vpon entrance into the heare- 
ing of the Cause, however the said Information in the generall 
appeared to be true ; yet for that the examination of divers 
particulars, obiected on either parte, required a further tyme 
then the leisure of the Board would permitt. Theire Uordshipps 
did think fitt and order that the further examination therof 
be referred to Mr Seriant Berkley, Sir Wilham Becher, and 
Mr. Nicholas authorizing and requireing them, to call for 
and pervse all such writings Letters Charter parties and 
Bookes of Account, as they shall thinke fitt, as lykewise to 
call before them, and examine, aU such persons as they shall 
find cause, aswell for the finding out of the Contemptuous 
carriage of the said persons complayned of, as for the dis- 
couerie of the particular goodes and Comodities and the true 



1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 169 

valewe of the same by them brought from thence. And ther- 
vpon to make Certifficat to the Board, to the end such further 
order may bee giuen as shalbe requisite. Lastly it is ordered 
that the said persons complayned of, shall enter into sufficient 
Bond to his majesties vse, before the Clerk of the Councell 
Attendant, not to sett out from hence forth, any more Shipps 
to trade thither without Lycence from his majestic or this 
Board. And shall giue theire attendance de die in diem and 
not departe the Towne vntiU further order. Which Bond if 
they shall refuse to enter into, then to stand comitted to the 
custodie of a Messenger vntill they shall conforme them- 
selues, [p. 191. last *^.] 

[C.S.P. I. p. 135.] 
[280.] Whitehall, 28 October : 

An open warrant to the Marshall of the Admiraltie. §*• . , , 

Chnstopher. 

Wheras we are informed that Capt. Cock Master of the Shipp 
called the Anne and Elizabeth of London, lately come from 
St. Christophers laden with Tobacco, and now lying neere 
Tilbury, intendeth to carry the said Shipp with her ladeing 
for forraigne parts, contrarie to former orders on that behalfe 
made, and to the defraudeing of his majestic of the duties 
thervpon due. Theise shalbe therfore to will and require 
you, to make your ymediate Bepaire to the said Shipp, and 
to cause the same to be forthwith brought hither into the 
Porte of London. And in case the said Cock, shall not 
bring vpp his said Shipp accordingly. That then you take him 
into your Custodie, and bring him before vs, to answer his 
Contempt. Wherof you may in noewise fayle. And this 
shalbe your warrant. [p. 206. ^ 3.] 

[281.] Ibid. 

Wheras the aduentures to Canada, did this day Canada, 
petition the Board. Shewing that they haueing by Grant 
from his majestic the sole trade to Canada inhibiting all 
others, to trade thither, and being at a greate and dayly 
charge, in the defending and keepeing the fEorte, and Country 
there and manageing the said Trade. That neuerthelesse 



170 ACTS OF THE PRIVY COUNCII. (COLONIAL) [1631. 

one Richard Brereton, Wolston Gosline (Captain and Master of 
of the Shipp called the Whall of London), Maurice Tompson, 
and others well knowing the premises, haue in contempt of 
his majesties said Grant, and to the greate damage of the 
Petitioners presumed to trade thither, and bring thence 
Beauer Skinns, and other Comodities to a greate valewe, and 
are now retouming home with theire Shipp and ladeing, and 
therefore humbly besought the Board asweU that the said 
persons might vpon theire arriuall be sent for to answer theire 
Contempts as lykewise that seizure may be made, of the 
said Shipp and goods. Theire Uordshipps vpon Consideration 
had therof [gave order accordingly]. [p. 210.] 



Newfound- 
land. 



Canada. 



[282.] Whitehall, 4 November : 

Whereas the Inhabitants of the Westeme partes vsing the 
ffishing of Newfound-land, haue now lying on their hands, 
greate store of Newfound-land fish and Pilchards taken on 
the Westeme Coast which they cannot vent here in England, 
nor make sale thereof to Strangers vnlesse the said Strangers 
may carry the same in their owne Vessels : Their lordships 
considermg the maintenance of manie thousand persons that 
depende vpon the same, and is a great Nourserie of Seamen, 
and Mariners, and an enorease of Nauigation, doe thinke 
fit and order that the Inhabitants aforesaid shall haue per- 
mission, hac vice tantum, to sell, their Newfound-lande fish 
and Pilchards to Strangers to be caryed away by them in their 
owne Vessels notwithstanding anie prohibition of transpor- 
tation in foreine bottomes. Whereof the Lorde high-Treasurer 
is prayed and required to take notice, and to giue directions 
accordingly. [p. 224. last %] 

[283.] WhitehaU, 16 November : 

Whereas the Cause concerning Canada is now in agitation 
and handMng in ffrance, the accommodating whereof doth 
greatly import the good agreement betweene the twoe 
Crownes : fforasmuch as diuerse thinges are to be done for 
the setthng of that businesse, which thinges cannot be done, 



1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 171 

vnlesse Sir Isac Wake his Majesties Ambassador there be well 
instructed, by the Adventurers here, so that he may throughly 
vnderstande the particular state of the saide cause, which the 
said Aduenturers haue not yet done : It was therefore this 
day Ordered vpon a motion made by the Lorde high Treasurer 
that the aforesaid Adventurers shall presently sende over a 
person fully instructed, according to his Majesties Letters 
directed to them to that purpose to attende Sir Isac Wake, 
who wiU giue them all due assistance and fartherance. And 
Captaine Kirck who did then attende the Boarde, was expresly 
required to giue notice thereof vnto them. [p. 242. ^ 2.] 

[Repeated on pp. 243-4.] 

[284.] Whitehall, 18 Nouember: 

Vpon information given to their lordships that one Mr. Virginia. 
Bennet a Marchant dweUing in Croched fEriers had bought 
three hundreth quarters of meale, which were not dehvered 
in open Market whereof he had barrelled vp, fiue and fifty 
quarters, it being suspected that he purposed to transport 
the said meale beyonde the seas, Hee was commanded to 
attende the Boarde, which hee did accordingly, and being de- 
manded what he intended by buying so much meale in such 
maner acknowledged, that his intention was to sende it into 
Virginia for the supply and fournishing of the Plantation there. 
Wherevpon it was ordered, that Mr. Attorney general shal 
sende for the said Mr. Beimet, and throughly examine the 
matter with the dependances thereof, and lykewise sende to 
Sir John Wolstenholme to haue informabion from him what 
course is held concerning the exporting of anie comodities to 
Virginia, and particularly whether it be by particular hcence, 
at everie exporting, and in what maner, and that he shall 
make reporte of all to the Boarde. [p. 246. ^ 2.] 

[285.] Ibid. 

[Sir Henry Martin, Judge of his Majesty's High Court of Canada. 
Admiralty, is to examine Eustace Man, Henry West, John 
Baker, and James Ricroft, complained of as interlopers by 
the Adventurers to Canada], and lykewise to examine such 



172 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631-2. 



New 
England. 



Canada. 



other persons concerning the same matter as the said 
Adventurers shall name vnto him, and to retoume all the 
examinations to the Boarde . . . that thereupon their lordships, 
may finally order and determine the cause. [In the mean 
time the four persons named are to remain in the Messenger's 
custody.* [P- 247. ^ 1.] 

[286.] Whitehall, 30 December : 

Whereas Information was giuen to the Board that one 
Edward Ashleyf had contrary to his Majesties Proclamation 
traded with the Saluage people at New England ; and had 
foumished them with Powder Shott Peeces, and other 
Prouisions of Armes very preiudiciall and danngerous to the 
EngUsh Inhabitarmtes in those partes. And whereas diuers 
examinations and Papers were presented to the Board to con- 
firme the said Information. Their Lordshipps did therevpon 
Committ the said Ashley to the Prison of the ffleete and did 
order that the said examinations and Papers should bee referred 
to his Majesties Atturney Generall to take further Con- 
sideration thereof and to proceed against the said Ashley in 
Starre Chamber ; or otherwise as he shall find Cause vpon 
examination of the said Ashley. [p. 340. last ^.] 

[287.] Whitehall, 18 January : 

[The Adventurers to Canada report that in spite of former 
orders] the said Ricroft is gone to Canada, sent out by 
Maurice Thomson, and John de la Barr, who knew he was 
vnder command, and Captaine Man absenteth himselfe and 
cannot be found, and that Richard Brereton, and Maurice 
Thomson refuse to be examined, contrary to the orders of the 
Board ; Their Lordshipps taking notice of this complaint, 
and withaU the contempt of the said Interlopers, consideriag 
that the said Companie had bin at great charge in takeing 
of the Countrie, and maintaining the same to his Majesties 

' Notices are entered on 15 November that Man "tendered his appear 
ance," on 2 December that Brereton and Thomson did likewise and were 
remanded and on 14 December that an order was maxle for Brereton 
and Thomson of the same tenor as that of 18 November touching Canada. 
[pp. 233, 283, 307.] 

t A warrant for Ashley's commitment to the Fleet is entered on 21 
December, [p. 325.] 



1632.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 173 

vse, at their Lordshipps command ; did order that all the 
parties that haue not already bin examined should be 
examined by Sir Henry Martin according to former orders of 
this Board, and that the names of all those who shall in this 
case refuse to be examined be retoumed, and the parties who 
are mentioned in the former orders should attend the Board 
the 25th of this present, at which tyme John de la Barr is 
likewise required to give his attendance. And it is ordered 
that Sir Henry Martin knight, Judge of the Admiralty shall 
be hereby required vpon information from the said Aduen- 
turers, to cause all the Shipps to be stayed that are going 
or bound for those partes. [p. 352. ^ 2.] 

[288.] Whitehall, 25 January : 

[A petition from the Adventurers to Canada states that Cana<in. 
they have returned] the examinations of those Interlopers 
that would be examined, with an affidavit against those that 
refused, [and recapitulates their past services, and the great 
expense incurred. Their Lordships therefore refer such 
depositions and examinations as have been taken to Sir Henry 
Martin, Judge of the Admiralty Court, with instructions to 
take the whole matter into consideration, and to give a 
written report]. And it was also ordered that John de la 
Barr, Richard Brereton and Maurice Tompson shall be 
examined by the said Judge, and likewise all such other per- 
sons as the Adventurers shall name unto him ; [in the mean 
time they stand remitted to the custody of a messenger]. 

[p. 361.] 

[289.] Whitehall, 17 February: 

[In the case of Edward Ashley accused of selhng arms to New 

„ _ ,. England. 

the New England Indians] fforasmuch as vpon reading 
of a Certifficate this day retourned to the Board by 
Mr. Attumey Generall, with the examinations by him taken 
of the said Ashley concerning the said Complaint. It appeared 
not that any of the said offences were comitted since the said 
Proclamation, which howeuer it did not iustifie the said ffact 
the same being in it selfe vnlawfuU though noe such 



174 ACTS OF THE PRIVY COUNCIL (COLOISTIAL'). [16'32 

Proclamation had beene, yet for that it doth in parte exten- 
uate the same. And for that the said Ashley hath alreadie 
suffered imprisonment for the said offence. It was thought fitt 
and ordered, that he should be discharged vpon Bond entered 
into before the Gierke of the Counsell Attendant, not to offend 
in the lyke kind hereafter. [p. 392. ^f 1.] 

[290.] Whitehall, 22 February: 

Canada. [The certificate from Sir Henry Martin being presented and 

considered], Inasmuch as it was insisted on by the said 
Interloopers, that the said Adventurers had noe Patent or 
Comission which did appropriate that Trade wholly unto them, 
the contrary whereof was affirmed by the said Adventurers, 
and alsoe that they had severall orders of this Board for the 
better authorizeing and strengthening of them in the pursuite 
of the said Trade. It was thereupon thought fitt and ordered 
that the said Judge should examine the truth therof, as lyke- 

wise of the Contempt of the said Interlopers 

And that both sides attend the Board on ffryday next, when 
the said Judge of the Admiraltie, is lykewise hereby prayd 
and required to be present, and to make Reporte. 

[p. 403. If 1.] 
[291.] WhitehaU, 24 February: 

Tobacco. ^^ OP®^ warrant directed to his majesties Attumey Generall. 

[Recapitulates the duties estabUshed on tobacco on March 2, 
1631, viz. On all tobacco from Virginia and the Somers Islands, 
M. per lb. Custom, and Qd. per lb. Impost ; On all tobacco 
from St. Christopher and the other Caribbee Islands, 3d. 
per lb. Custom, and 9d. per lb. Impost ; All such tobacco 
to be landed at the port of London only : and continues] :— 
His majestic haueing taken into his princely Care, the 
Estate of the Plantations of his Subiects in Virginia, Summer 
Islands, St. Christophers, Caribee Islands, and other places 
(for the present) subsisting by Tobacco, although with 
appearant hopes of better and more vsefuU Comodities, from 
thence shortly to be had, and considering that much of that 
Tobacco, is but of a meane Condition, is graciousely pleased 



1632.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 175 

to mitigate and abate, a greate parte of the duties, appoynted 
by the said Letters of Priuie Seale to be receiued. And there- 
fore his majesties pleasure is, that all Tobacco of the growth 
of Virginea and the Summer Islands alreadie imported, and 
not yet entered in any of his majesties Custome houses, and 
which henceforth shalbe brought into the Kingdome of Eng- 
land, Dominion of Wales, Port and Towne of Berwick, and 
the Islands to the same belonging, by any of his majesties 
naturaU borne Subiects, [shall pay 2d. per lb. subsidy and 
2d. per lb. impost, or increase of subsidy, and all tobacco 
from St. Christopher, the Caribbee Islands and other 
plantations, Zd. per lb. subsidy and M. per lb. impost] the said 
Letters of Priuie Seale, or any thing els to the Contrarie 
notwithstanding. And his majestie is graciousely pleased, that 
all Tobacco may from henceforth, be brought into any Port 
of this Kingdome, wher there is a Custome house, and 
officers attending his majesties service, at the pleasure 
of the Marchants and owners therof, soe as due entrie 
before landing be made, and the said last mentioned 
duties duely paid or compounded for. And his majestie 
for the better incourragement of his Subiects in theire seuerall 
Plantations, and vpon Condition that all the Tobaccoes of 
Virginea, Summer Islands, St. Christophers, Caribee Islands, 
and all other the Plantations of any his Subiects, which shalbe 
from thence transported, be ymediately brought from those 
places and Plantations into this Kingdome, and duely entered 
in some of his majesties Custome houses, in some of the Ports 
of this Kingdome, is graciousely pleased. That if any Mar- 
chant or other shall shipp any of the said Tobacco, of any the 
said Plantations of his Subiects to be transported out of this 
Kingdome againe, within a yeare after the first importation 
therof, in this case the Impost aforesaid, to be repaid to him 
and them his majesties Subiects, that shall soe transport the 
same, vppon the entrie therof outwards . ... soe as 
the same Tobacco, be first duely entered inwards, and 
the Subsedie and Impost as aforesaid first duely paid, and 
soe as the same be shipped, to be transported from the same 



176 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632. 

Port, where first it was imported and entered inwards. 
And his majesties pleasure further is, that all Spanish Tobacco, 
aswell of the growthe of any the Dominions of the King of 
Spaine, as of any other Countrie, or place (being not of the 
Plantations of his majesties owne Subiects) from henceforth 
to be brought into this Kingdome, Dominion of Wales, and 
Port and Towne of Berwick, shall stand charged with the 
payment of Subsedie as m the Booke of rates is expressed 
for Tobacco vizt to pay six pence for each pound of pudding 
or role Tobacco, and fouer pence for everie pound of leafe 
Tobacco, and to stand and remayne charged with payment 
of Impost, as Spanish Tobacco hitherto hath continued (vizt) 
to pay eighteene pence for each pound weight therof. And 
if any Tobacco, be brought in by Strangers, then a fourth 
parte more vpon the Subsedy for pettie Custome, and a 
fourth parte more vpon the Impost for pettie Impost respec- 
tiuely is to be paid. And that aU the said duties, be from 
tyme to tyme duely paid to the Collectors ffarmors or other 
Receiuors therof, nowe being or hereafter to be appo3nited 
respectiuely, with power to punish offendors as in lyke Case 
is vsuall. Theise are therfore to require you, to prepare a Bill 
fitt for his majesties Signature, to containe his majesties 
Letters of Privie Scale, for the sethng and estabhshing all 
the said duties accordingly to bee directed as the late Letters 
of Priuie Scale afore recited were directed. And for soe doeing 
this shall be your warrant. 

Signed -.—Lord Keeper, Lord Priuie Scale, Lord high 
Chamberlaine, Lord Viscount Wentworth, Lord Viscount 
ffalkland, Lord Bishop of London, Lord Bishop of Winton, 
Lord Cottington. [pp. 408-411.] 

[292.] WhitehaU, 6 April : 

Plantation An open Warrant as foUoweth to the Lords Commissioners 
for the Admiraltie. Wheras we haue beene informed that 
divers Shipps and Vessells comeing from St. Christophers the 
Barbathoes, the Caribee Islands in the West Indies Virginea, 
Barmothoes, and other Enghsh Plantations in those parts. 



Trade. 



1632.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 177 

doe goe into f orraigne Countries with theire goods and Marchan- 
dize to his majesties great losse, and preiudice in his Customes. 
Theise are therfore to pray and require you the Lords Com- 
missioners for the Admiraltie to take effectuaU order, that all 
the foresaid Shipps and VesseUs (when they come vpon the 
Coaste of England or shall at any tyme be mett with, by any 
of his majesties Shipps at Sea) may come for the Porte of 
London, or some other of the Ports of this Kingdome, and 
there duly to enter and vnlade theire goods, that his majestie 
may not be defrauded of his Custome by the evell disposition 
of any person, or the vndue Courses aforesaid. 

Signed .-—Lord Treasurer, Earl MarshaU, Earl of Bridgwater, 
Earl of Kelley, Lord Viscount ffalkland. Lord Bishop of 
London, Lord Cottington, Mr. Secretary Coke. [p. 502. ^ 4.] 



CHARLES I. VOLUME VIII. (1 May 1632-30 Ap. 1633.) 
[293.] WhitehaU, 12 May : 

A Warrant to Dauid Stott one of the Messingers of his Canada. 
Majesties Chamber, to fetch before their Lordshipps the person 
of Eustace Man.* [p, 33. r 3/1 

[294.] WhitehaU, 30 May : 

The Aduenturers to Canada haueing this day presented an Canada. 
humble petition to the Board, thereby shewing that according 
to an order of the Board, of the 22th of ffebruary last, the 
petitioners together with Captaine Man, and the rest of the 
interlopers, should attend Sir Henry Martin Knight, Judge of 
the Admiraltie, and he to heare the allegations on both sides, 
which accordingly was donn, but the day hmitted in the said 
order was so Short, and Sir Henry Martin so much indisposed 
in his health, as it could not then be ended, wherevpon the 
petitioners againe humbly sued (to the end they might be no 

* Man's appearance is accordingly entered on May 24 [p. 40 H 3], and on 
the 30fch he is ordered to be detained in the " Counter in the Poltry " 
[p 50 H 3]. 

12 



178 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632. 

further troublesome to the Board) for a day of heareing, which 
their Lordshipps were pleased to graunt ; Ana appointed 
Wednesday the sixt of June in the afternoone, to heare the 
cause, at the CounceU Chamber, Whitehall, whereof [all parties 
concerned] are to take notice, and to come prepared with 
their Councell. [p. 52. ^f 1.] 

[295.] Whitehall, 27 June: 

Virginia. A Letter to the Gouemor and Councell of Virginea. 

Wheras a Petition hath beene presented to the Board in the 
name of PhiUipp Meade, Robert Hudson, and WiUiam Barker, 
Citizens of London. Complayneing that the Petitioners aboute 
fower yeares since, did trust one Richard Steeuens, with goods 
to the valewe of 180?. or therabouts, vpon his promise (as 
by his Bills appeareth) to be paid within nyne monethes after 
the deliuerie therof. An being an able man, and an 
Inhabitant in Virginea, and of the Councell there, hath since 
obtayned 40Z. more of the Petitioners Goods which they 
sent by way of Marchandize, and refuseth to giue satisfaction 
for the same. . . . We vpon Consideration had therof finding the 
Petitioners Case (if it be such as is informed) to be verie Just 
and Considerable, and to deserue all lawfuU favour and Releefe ; 
Haue thought good hereby, to recommend this Case to your 
especiall Care. [p. 116.] 

[296.] Whitehall, 25 July : present : — Lorde Keeper, Lord 
Treasurer, Lord Priuy Scale, Lord high Chamberlain, Earl of 
Dorset, Earl of Bridgewater, Earl of Kelley, Lord Viscount 
Wimbledon, Lord Bishop of London, Lord Cottington, Mr. 
.Secretary Coke, Mr. Secretary Windebanke. 

Canada. This day was hearde at large the Cause betwene the Adven- 

turers into Canada autorised by his Majesties Commission, 
and Captaine Eustace Man, Captaine Henry West, and James 
Ricroft who in the yeare 1630 did sett foorth from London 
a small shipp called the Ehzabeth which sayled to Canada and 
traded there with the Sauages, as also betweene the saide 
Adventurers and Maurice Thomson with his Associates. 



1632.J ACTS OP THE PRIVY COUNCIL (COLONIAL). 179 

. . . . Their lordships hauing seriously weighed all 
that was aUeaged on either parte, and considering the meritts 
of the sayde Aduenturers who with hazarde of their Hues 
and fortunes haue perfourmed their vndertaking, to the honor 
of the state, and are therefore worthy of aU fauor and 
encouragement in that behalfe did thinke fit and Order that 
both partes shall attende his Majesties Attorney generall, and 
that he shall throughly informe himselfe what dommage the 
Aduenturers haue susteined by the aforesayd interloping, and 
what proifit and benefite the other parties haue made severally 
by their tradings there and that to this purpose he shall 
particularly examine the aforesayd Maurice Thomson and his 
partners of whose former contempts certifyed by the sayde 
Judge of his Majesties high Courte of Admiralty, their lordships 
tooke notice. And it was farther Ordered, that after such 
particular examination his Majesties Attorney generall shall 
sett downe what reparation or restitution he shall thinke 
fit to be made by them seuerally, and respectiuely to the sayde 
Adventurers, which they are to performe without farther 
dispute or delay. To which Order, Eustace Man,* Henry 
West, and Maurice Thomson, (who were present) did submit, 
and the rest are hereby expresly charged to conforme them- 
selues lykewyse, that the Boarde may be no more troubled 
with this Cause. IPP- 167-1 68. J 

[297.] Hampton Court, 30 September: 

A warrant as foUoweth directed to Edward Wiggins Canada. 
one of the Messengers of his Majesties Chamber. 

[In pursuance of the previous order the] Attumey 
Generall awarded Morrice Thomson to pay fowre hundred 
Markes which hath ben demanded as appeareth by affidavit, 
but refused to be payed. [Prompt payment is to be 
required from Thomson] which if he shaU refuse to 
doe, you are then by vertue hereof to carrie him to the 
Marshalseas, where he is to stand and remaine Committed, 
vntill he shall performe th e same. 

* Man had been released from the Compter by an order of the Board on 
June 20. [p. 90 H 4]. 



180 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632. 

Another of the same tenor to wiggins to demand two 
hundred pounds of Captaine Eustace Man, this clause folloing 
excepted, which hath ben demanded as appeareth by affidauit 
but refused to be paid. [p. 210.] 

[298.] Star Chamber, 21 Nouember: 
Canada. This day was read at the Boarde a petition which had 

bene preferred to his Majestic by Sir WiUyam Alexander 
Knighte, George Kirke Master of the Robes David Kirke 
Esqrs. Lewis Kirke, Thomas Kirke John Kirke James Kirke 
gentlemen, Willyam Barkley, Josua GaUard and Charles 
Attye, of London Marchants, wherein they remonstrate, that 
in the late warrs betweene his Majesty and the ffrench Kinge, 
some of them did take the Country of Canada to the honor 
of his Majesty and the State, and in the yeare following, vpon 
his Majestys commande, and Commission vnder the greate 
Seale of England, did take the fforte of Quebeck, the taking 
and keeping whereof stoode them in about fifty thousand 
pounds, and that since that tyme, vpon his Majestys 
pleasure signified restored the said fforte of Quebeck vnto the 
ffrench without any satisfaction for their aforesaid greate 
charges ; In regarde whereof, and forasmuch as it pleased 
his Majesty in the same Commission to promise vnto them 
a grante of letters Patent, for the sole trading in the partes of 
Canada aforesaid the better to enable them for future dis- 
coveries to be made there, they doe humbly beseech his 
Majesty to grant now vnto them, his said royall letters Patent 
accordingly, vizt : for sole trading in the Guhe and River 
of Canada, and partes therevnto adiacent, and to place a Colony 
and fortresse there if they thinke fit, from the latitude of 
fourty foure degrees to the latitude fifty foure degrees for one 
and thirty yeares. [His Majesty having referred the petition 
to the Board, their Lordships refer it to the Attorney General, 
with instructions to examine into the matter, and to report 
with the best expedition.] [p, 281. TJ 2.] 

[299.] Star Chamber, 30 November: 
Virginia A letter directed to the Erie of Dorset and Erie of Danby. 



1632.] ACTS or THE PRIVY COUNCIL (COLONIAL). 181 

Whereas by a petition presented vnto vs on the behaMe of 
Margeret Dowber and Ehzabeth Gates Daughters of Sir John 
Gates, and of Margeret the rehct of his eldest sonne, wee are 
informed that the said Sir Thomas Gates having in his like 
tyme bene for many yeares Governor of the plantation 
established in Virginia, did vpon that dessigne pay severall 
sumes of money vnto the then Treasurer amounting to twoe 
thousand pounds or there about, and was owner of much 
goods and Cattel, which at his coming from thence, he left in 
the custodie of some of his Servants and friends there ; but 
the said Sir Thomas dying in the Lowe Countries the parties 
entrusted by him are neither knowne vnto his daughters whom 
he left his executrices nor haue made over vnto them any 
parte or parceU of the said goodes and Cattel, the want whereof 
hath hindred them in the preferment ; and occasioned their 
povertie and greate necessitie. Wee well remembring the 
aforesaid Sir Thomas Gates to haue bene an ancient servitor 
and a person of very good deserte, and commiserating the 
distressed estate of his said Daughters, haue thought fit to 
recommend the cause to your lordships as being Chiefe Gover- 
nors of that Plantation, and doe accordingly pray you to direct 
your letters vnto the Governor there requiring him to call before 
him aU such persons as are knowne to haue the said goodes, 
and Cattell in their hands, and to examine them or any 
other whom he shall thinke fit concerning the same, and to 
take effectuall order asweU that satisfaction be made to the 
petitioners or their assignes for their vse, as also that they may 
haue due proportions of lands allotted vnto them, according 
to the monyes adventured by their father. 

[pp. 314^315.] 

[300.] Whitehall, 12 December : 

This day asweU Captain Kirk and Mr. Barkley on the Canada, 
behalfe of themselues, and the rest of the Suitors for the 
Patent of Trade into the Gulfe of Canada, were called before 
the Board, as alsoe the Scottish Aduenturers, and Mr. 
Charleton for himselfe and Mr. Henry Wilson. And the said 
Scottish Aduenturers, and Mr. Charleton, Complayneing that 



182 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632. 

the said Suitors did now endeavour to gett a Patent, for the 
sole tradeing into the said Gulfe of Canada to themselues, 
without giueing any account or satisfaction to the rest of the 
Aduenturers, for the former ymployment. It was alleadged, 
by the said Captain Eark and Mr. Barkley, that on theire partes 
they were readie and desireous to giue an Account and satis- 
faction of all former ymployments in the said Trade, but that 
the said Charlton and Wilson were in defaulte therof , partely 
by default of dilligent attendance, where the said Accounts 
were appojmted to bee audited, and partely by forbeareing 
to bring in theire moneyes, the said Charlton being behynd 
with the Company 700?. and the said Wilson 3001. the whole 
debt of the said Company being but 1100?. which was by 
the said Charlton constantly denyed. Herevpon the Lords by 
Consent of all parties, did this day thinke fitt and order that 
a Comission shall forthwith issue out of the Chancerie, to such 
fitt Commissioners as the Lord Keeper of the greate Scale, 
shall nominate and appojoit [to examine into and report 
upon the whole business.] [p. 333.] 

[301.] Whitehall, 12 December : 

Canada. Theire Lordshipps takeing this day into Consideration, the 

Patent now desired by Sir WilUam Alexander, George Kirk 
Esqr Master of his majesties Robes, Dauid Kirk Esqr Wilham 
Barkley and the rest, for the Trade into the Gulfe of Canada : 
Vpon the Reporte of Mr. Secretarie Coke that he findeth nothing 
desired by the parties contrarie to the Treaties with his majesties 
AUies, did thinke fitt and order, that the same should pro- 
ceede and that his majesties Atturney GeneraU, should be 
required to prepare a BiU for his majesties Roy all Signature, 
for passing the said Patent agreeable to his owne Report ; 
and the order of the 21th and 28th of Nouember last made 
"This clause *^®^^P°^' "'"^^ *^** ^"''"'*'^on ne.uerthelesse.^ that his majesties 
was left out intention is that his Treaties with his AUies should not be 

by order the • j • 7 7 . , 

22 : of _this mnnged, by any pretence of this Patent. And their Lord- 
present." ahipps doe further wish and aduise, that the said Scottish 
Aduenturers in former association, should ioyne in the said 



1632.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 183 

Patent, and Trade, if the parties cann agree amongst them- 
selues, but that the expectation therof shalbe noe ympediment 
to the present proceeding of the said Patent, [p. 334. ^ l.J 

[302.] Whitehall, 19 December: 

Vpon reading this day of seuerall Petitions preferred by New 
some Planters of New England and a written Relation by ^''^ ''"'^' 
Sir Cristopher Gardiner Knight and vpon long debate of the 
whole carriage of the Plantations of that Countrey It was this 
day ordered That the lord Arch Bishopp of Yorke, the lord 
Treasurer lord Priuie Seale, lord high Chamberlaine of Eng- 
land, the Earl Marshall, Earl of Dorsett, the lord Vice Count 
ffalkeland, the lord Bishop of London the lord Cottington, Mr. 
Treasurer, Mr. Secretary Coke and Mr. Secretary Windebanck, 
or any fower or more of them, caUing to their Assistannce such 
other persons as they shaU thinke fitt, shall examine how 
the Patentes for the said Plantation, haue been grannted, and 
how carried ; and shall examine the truth of the aforesaid Infor- 
mations, or such other Informations as shall bee presented to 
them. And shall make Reporte thereof to the Board and of 
the true state of the said Plantations, as they find them now to 
stand. £Eor which purpose, they are to call before them such 
of the Patentees and such of the Complaynanntes and their 
Wittnesses, or any other persons as they shaU thinck 
fitt. Lp. 346. If 2.] 

[C.S.P. I. p. 158.] 

[303.] Whitehall, 21 December: 

This day Sir Richard Saltonstall of London Knight and Canada. 
Mathew Cradock Merchannt of London being sent for by 
warrannt from the Board ; vpon entring into Bond to attend 
the Committees appointed for the businesse of Caneda at aU 
times. Notice being giuen or left at their houses on that 
behaKe ; were discharged from further attendannce on their 
Lordshipps. IP- 348. ^ 1.] 

[304.] Whitehall, 22 December: 

Whereas an order was made on the 12th of this Moneth for Canada. 
the Patent of Trade into the Gulph of Canada, it was this day 



184 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632-3. 

declared by the Board that his Majesties intention is, That 
his Treaties with his Allies should not bee infringed by any 
Pretence of the said Patent, yet neuerthelesse that it may bee 
lawfull for the said Patentees their Deputies or Assignes to 
defend themselues in case they shall bee assaulted by any, 
contrary to his said Treaties. And that if complainte shall 
bee made of breach of the Treaties by the said Patentees their 
deputyes or Assignes his Majesty will cause iustice to bee 
donne according to the said Treatyes. [p. 354. ^ ].] 

[305.] Whitehall, 11 January: 

Virginia. [A letter to the Governor and Council of Virginia, from the 

Earls of Dorset and Danby, Mr. Secretary Coke, Sir J. 
Danvers, and Sir John Wolstenholme. Recapitulates the 
letter sent by the Privy Council to the Earls Dorset and 
Danby on 30 Nov, 1632, and orders the Governor and 
Council to take action accordingly. The sum adventured by 
Sir Thomas Gates in the Company is given as 2,000Z.] 

[p. 365.1 
[306.] Whitehall, 19 January : Present : — Lord Privie 
Scale, Earl of Dorset, Lord Viscount ffalkland. Lord Bishop of 
London, Lord Cottington, Mr. Treasurer, Mr. Vice Chamber- 
lain, Mr. Secretary Coke, Mr. Secretary Windebanke. 

[The Committee appointed to inquire into the rumoured 
disorders and distractions of New England having made report, 
their Lordships decide that] most of the things informed 
being denyed, and rested to be proued by parties that 
must be called from that place, which required a long 
expence of tyme ; And at the present their Lordshipps finding, 
that the Aduenturers were vpon the dispatch of men 
Victualls and Marchandizes for that place, All which would 
be at a Stand, if the Aduenturers should haue discorag- 
ment, or take suspition that the State here, had no good 
opinion of that Plantation. Their Lordshipps not[with- 
standing] the faults or fancies (if anie be) of some particular 
men vpon the generall Gouemment, or principall Aduenturers, 
(which in due tyme is further to be enquired into) haue 



1633.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 185 

thought fitt in the meane tyme to declare, that the appearances, 
were so faire, and the hopes so great that the Countrie would 
proue, both benificiaU to this Kingdome, and profitable to 
the perticular Aduenturers, as that the Aduentures had 
good cause to goe on cherefuUy with their vndertakeings, and 
rest assured, that if things were carried as was pretended when 
the Patents were grannted, And accordingly as by the Patents 
is appointed. His Majestic would not onely mayntaine the 
hberties, and Priviledges heretofore grannted, but supphe 
anie thing further that might tend to the good Gouernment 
of the place, and prosperitie, and comfort of his people there. 

b. 384. ^ 1.] 
[307.] Whitehall, 23 January : 

[A petition of Edward Wickens, one of the messengers of Canada, 
his Majesty's Chamber. Thomson and Brereton were nine 
months in his custody but have since been committed to the 
Marshalsea, with direction that before they were released they 
should pay his fees. Now Thomson undertook to free Brereton 
from charges and thereupon sent him to sea, " yet neverthe- 
less by reason of the hbertie he hath to goe abroad, he in 
neglect of the former orders still remayneth obstinate, and 
wiU not give the Petitioner satisfaction." Order is given that 
Maurice Thomson be not released from the Marshalsea until 
he have given the petitioner contentment.] [p. 395. ^ 1.] 

[308.] Star Chamber, 25 January : 

[Captaine Kirke and the other Adventurers to Canada Canada, 
having petitioned for the insertion into their patent of] 
Licence for the yearely transportation of fifty quarters of 
Pease, and 501. worth of Biskett bread for the furtherance and 
support of the Trade in those partes, Their Lordshipps, upon 
the debate of the petitioners demands, did not hould it con- 
venient to have the said quantitie of graine and bread expressed 
in the Patent, But nevertheless being willing and desirous to 
advance and support that trade there, [ordered that the 
petitioners should be given a yearly hcence to transport the 
quantity of bread and pease desired.] [p. 39S. 1[ 1.] 



186 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1633. 

[309.] Star Chamber, 6 February : 
Canada. An open warrant with generaU directions. Wheras we 

are informed that Captain Richard Brereton and James Ricroft, 
twoe of the Interloopers to Canada, and now remayneing 
Prisoners in the Custodie of one of the Messengers of the Cham- 
ber : haue in contempt of his majesties Commission lately sett 
forth a Shipp, called the Charles of London, with intent to 
trade into the Gulfe and Riuer of Canada, which Shipp is now 
fallen downe, to proceede on the said voyage. Theise shalbe 
therfore to will and require you Sir to make stay of the said 
Shipp, whersoeuer she shall be found and not suffer her to 
departe, vntill you shall receiue further order from the Board, 
ffor which this shalbe your warrant. 

A warrant to Edward Wickens one of the Messengers to 
bring Captain Brereton and James Ricroft before the Board. 

[p. 426. Iflf 5-6.] 

[310.] Star Chamber, 13 February : 

Canada, [A warrant with general directions, ordering " everie of you 

to whom it doth appertaine, forthwith to discharge and sett 
at Ubertie ' ' the ship Charles of London, and to suffer Brereton 
and Ricroft to proceed on their intended voyage.] 

[p. 448. last |.] 
[3H.] WhitehaU, 1 March: 

Virginia. A letter directed to ffrancis Brookes of Portsmouth. By 

your letter of the 26th of the last moneth to Sir John 
Wolstenholme, Abraham Dawes, and John Jacob ffarmers of his 
Majesties Customes, wee finde, what endavor you haue vsed for 
the bringing in of the Virginia Ship called the America of Lon- 
don, which being put back into the roade of Stokes bay, and 
in how insolent and rebeUious a maner you were resisted by 
those of the said Ship at your first coming to goe aboard. Now 
as wee cannot but be greatlie sensible of such desperate bold- 
nesse, which in regarde both of the Act it selfe, and of the con- 
sequence, deserveth severe and exemplarie punishment : so 
we doe altogether approue and commende your care and 
the coursse which you haue taken, and doe hereby require 
and charge you to continue and prosecute the same accordingly. 



1633.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 187 

vsing aU possible meanes for the bringing in of the aforesaid 
ship ; to which purpose also you are to require the assistance 
ot George Bonde and to commande him from vs, to be ayding 
vnto you herein by his best endevors ; which if he refuse, he 
shal thereby encrease and agravate those former offences' for 
which he is now in custodie, where wee thinke fit that he remaine 
vntiU you shaU receive other directions from this Boarde. 

[p. 490. If 1.] 
[312.] WhitehaU, 8 March : 

Whereas a Ship caUed the America of London was lately Virginia 
stayed at Portesmouth by fifrancis Brooke, who to that pur- 
pose receiued Order from the Boarde, which Ship came from 
Virginia laden with Tobacco and is bound for Hollande : ffor 
as much as it appeareth by information giuen by the ffarmers 
of his Majesties Customes that Maurice Thompson chief e 
owner of the said Tobacco, doth offer to pay b"s Majesties 
Customes and duetyes ;* The Lorde high Treasurer of Eng- 
lande is therefore prayed and required to giue present Order 
vpon the payment thereof for the discharge of the saide Ship 
and goodes. [p. 497. i[j 2.] 



CHARLES I. VOLUME IX. (1 May 1633-30 May 1634.) 

[313.] Committee for new England: — Lord Arch Bishop New 
Canterbury, Lord Keeper, Lord Arch Bishop of Yorke, Lord ^"S*^""^- 
Treasurer, Lord Priuy Seal, Earl Marshall, Earl of Dorset, 
Lord Cottington, Mr. Treasurer, Mr. Comptroller, Mr. Secre- 
tary Coke, Mr. Secretary Windebanck. [p. l.] 

[314.J Star Chamber, 26 May. 

A Warrant as followeth directed to Sir John Harvy Virginia, 
knight Gouernor in Virginia, the rest of the CounceU 
there, and to all others whome it may conceme. 

* A warrant for Thomson's appearance had been directed to Wickens on 
the 4th March, [p. 494 It 2]. 



188 ACTS OF TEE PRIVY COUNCIL (COLONIAL). [1633. 

Whereas William, and Thomas WiUoby, Symon Turgus, 
Humphrey, and Thomas ffarley, WiUiam and Stephen Barker 
Thomas Browne, WiUiam Ewins, and Richard Wake Planters 
in Virginia haue giuen vs to vnderstand, that at their great 
costs and charges for mania yeares, they haue Mved, maintained, 
and supplied diuers ffamilyes there, of their owne perticular 
Estates, and now (haueing brought their labours to some 
reasonable effect, whereby they may conceiue some hopes of 
a small benifitt towards their former great expences) One 
Morris Thompson, and his Adherents Marohants of London, 
haue contracted with the Gouernor, and CounceU of Virginia 
(as by afJ&dauitt appeareth the said Thompson hath confessed) 
that no Shipp, but such as the said Morris Thompson and his 
Adherents, or their Assignes shall send thether, shall haue 
anie lading from thence, nor that anie Planter there, shall 
sell any of his Tobacco, or other goods, but to the said 
Thompson &c which wiU not onely be preiudiciall to his 
Majesties Customes but tends to their great loss, and 
hindrance, besides they shall bee forced to abandon a great 
number of poore people there, which for want of SuppUes 
will not be able to subsist, and so of necessitie must 
retoume hether to be an vnneoessarie burthen to this King- 
dome. Wee haueing taken the premisses into our consideration 
doe hereby require you, and aU others whome it may con- 
ceme to permitt and suffer the said Planters (notwithstanding 
anie contract made by Morris Thompson, or anie other person 
whatsoeuer) at aU tyme and tymes (as they shall haue 
occasion) to take in and fraight their owne Shipp called the 
Amenca of London, or anie other English Shipps, with their 
owne, or the goods of their freinds, and to employ the said 
Shipp and Shipps, to, and from Virginia as often as their 
occasions shall require, vntiU farther order from this Board, 
without lett molestation or hindrance, whereof aU persons 
whome it may conceme, are to take notice, as they will answere 
the same at their perills. [p. 63.] 

[315.] Star Chamber, 28 June : 
Virginia. Wheras a Petition heretofore presented to the Board by the 



1633.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 189 

Aduenturers and Planters, of Virginea. Shewing that by reason 
of some Grants lately obtayned, of a greate proportion of Lands 
and Teritories within the Lymitts of theire Colonye, and places 
of theire Traffique, they were much preiudiced and discourraged 
in the proceedeing with the said Plantations ; was by his 
majestie referred to the Consideration of the Board. .... 
This day the Lord Baltimore, who hath a Grant from his 
majestie of a proportion of the said Lands, and divers of the 
principall Adventurers, and Planters, being called before the 
Board, and theire Lordshipps haueing heard, the allegations 
then made, on both sides, did . . . order and direct 
that the Lord Baltimore and twoe or three of the said 
principall Aduenturers should forthwith meete and conferr 
togeither, and indeavour amongst themselues, to accomo- 
date the poynts in difference, ariseing betweene them, 
or soe many of them as they could, and to sett downe 
the same soe agreed on, in writing, as lykewise such 
poynts, wherin they shall differ, togeither with theire 
exceptions and reasons, and to present the same to the Board, 
at theire said next sitting, at which tyme they are lykewise 
to bring with them, a Mapp of the said Plantation, vpon 
viewe wherof, theire Lordshipps may better discearne, how the 
proportion granted to the Lord Baltimore is limitted and 
bounded. [pp. 118-119.] 

[316.] Whitehall, 30 June: 

[A letter to the Governor and Council of Virginia. Virgin 
Recapitulates the letter of 18 Oct., 1628-219, concerning John 
Perse and the debt of 496L due from his brother Abraham 
Perse, deceased, who left an estate of 5,000?. or thereabouts. 
Perse has again complained that he is stiU unable to get satis- 
faction, and states that] the Widow and Relict of the said 
Abraham Perse, hath married with one Mathewe, who doth 
unconscionably studie and endeavour to prevent and hinder, 
the payment of the Petitioners debts, and the Legacies given 
by his said Brother. [Their Lordships marveU at and repre- 
hend your neglect, and order all due dihgence to be used in 



190 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1633. 

the matter and prompt certificate in writing to be made to 
them.] IVV- 134-5.] 

[317.] Star Chamber, 3 July : Present : — Lorde Keeper, 
Lord Priuie Seale. Lord high Chamberlain, Earl of Dorset, 
Earl of Bridgwater. Erie of Danby, Lord viscount wentworth, 
Lord viscount FaMande, Lord Cottington, Mr. Secretarie 
Windebanck. 

Virginia. [Lord Baltimore and the Virginia planters having met 

together, and submitted their propositions to the Board.] 
Now their lordships hauing heard and maturely considered 
the saide propositions, answers, and reasons, and whatsoever 
else was alleaged on either parte, did thinke fit to leave the 
Lord Baltimore to his Patent, and the other parties to the 
course of Lawe according to their desire. But for the pre- 
venting of farther questions and differences, their lordships 
did also thinke fit and Order, that things standing as they doe 
the Planters on either syde shall haue free traffique and Com- 
merce each with other and that neither parte shall reciue any 
fugitiue persons belonging to the other, nor doe anie Act 
which may drawe a Warre from the Natives vpon either of 
them. And lastly that they shall sincerely enterteine all 
good correspondence and assist each other on all occasions 
in such manner as becometh fellow Subiects and members of 
the same State. [p. 139.] ' 

[C.S.P. L p. 169.] 
[318.] WhitehaU, 12 July: 

Virginia. [A Warrant directed to Sir John Harvey, Governor of Vir- 

ginia, and to his Council, of the same tenor as that of 26 May, 
1633-314.] [p. 152. 1j 2.] 

[319.] Whitehall. 7 August: 

Virginia. [Certain propositions (not specified) concerning Virginia 

having been read, they are referred to the farmers of the 
Customs for consideration and report. [p. 196. ^ 1.] 



1633.] ACTS OF THE PEIVY COUNCIL (COLONIAL). 191 

[320.] WhitehaU, U August : 

[The following proclamation, drawn by the Attorney Tobacco. 
General, is ordered to be entered in the Register ; letters in 
accordance with it are to be written to the] seuerall Counties 
Citties and Townes Corporate of England and Wales, for 
the better effecting of his majesties pleasure in this service. 
Whereas the Plant or drugg called Tobacco, scarce knowne 
to this Nation in former tymes, was in this Age first vsually 
brought into this Realme and in small quantity as medicine 
soe vsed, and by divers taken as Medicine. But in processe 
of tyme to satisfie the inordinate Appetite of a greate nomber 
of rden and women, it hath beene brought in, in greate quan- 
titie and taken for wantonnes, and excesse, provokeing them 
to drinkeing, and other Inconveniences, to the greate 
impayreing of theire healthes, and depraueing of theire 
Manners, soe that the Care which his majestic hath of his 
people, hath enforced him to thinke of some meanes for the 
preventing of the Euill Consequence of this immoderate vse 
thereof. And albeit his majesties Dearest ffather of blessed 
memorie, had giuen directions therein aswell by Proclamation 
as otherwise, yet those wayes tooke not soe good effect, as 
was desired, for that therin was noe Restraint of the nomber 
of those that should sell Tobacco by Retayle, nor Care taken 
of the quallitie of those, that should make such Sale, but 
Victuallers Taverners, Alehouse keepers. Tapsters, Cham- 
berlaines Hostlers, and others of the meanest Condition haue 
promiscuously vsed to regrate the same, as allurements to 
other naughtines, keepeing therein noe Assise, to the preiudice 
of the rest of his loueing Subiects. ffor repressing therfore 
of all such excesses, and for preventing of future inconvenience, 
[tobacco is hereafter only to be sold by retail in such towns 
and places and by such persons as have been nominated to 
the Board by the Justices of the Peace of the several counties 
of England and Wales, or by the Mayors, BaihfEs, and other 
chief officers of divers cities and towns corporate. AU 
persons thus authorised are expressly forbidden to keep 
any tavern, alehouse, or victualling house, or otherwise sell any 



192 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1633-4. 

distilled, or hot waters, wine, ale, beer or cider in their houses, 
so long as they shall be permitted to sell tobacco by retail. 
The proclamation is to come into force on Candlemas day 
next.] [pp. 204-207.] 



Virginia 



Maryland. 



[321.] — 
A Letter 



to 



— ,16 August : 
the Gouernor and Councell of Virginea. 



Wheras we haue receiued information from the ffarmors of his 
majesties Customes and the Planters of Virginea (to whom we 
referred the Consideration therof) of the sunderie preiudices 
that doe growe, and are dayly lyke to encrease, aswell to his 
majestie in his Customes, and the Shipping of the Kingdome, 
as alsoe to the Colony and the Planters therof, by the Trade 
vsed by Strangers, of verie late tyme in that Country. We 
haue thought fitt herevpon to authorize and require you, not 
to permitt any Strangers, to trade within that Colony, by 
Shipping as alsoe to take Bond of all the Kings Subiects there 
that they shall land theire goods here in England, the per- 
formance of which directions you may not fayle of. 

[p. 214. U 4.] 
[322.] Star Chamber, 31 October : 

[The ship Ark of Maryland, and a pinnace called the Dove, 
belonging to the Lord Baltimore, having been lately stayed at 
Tilbury, upon information that divers persons on board had 
refused to take the oath of allegiance, and an officer sent by 
the Board having reported that all on both vessels, to the 
number of 128, had taken the said oath, they are allowed to 
proceed on their voyage to Maryland], provided there be no 
other person or persons aboard the said Shippe or Pinnace, 
but such as have or shall take the oath of Allegiance as afore- 
said- [p. 291. If ].] 

[C.S.P. L p. 171.] 

[323.] Star Chamber, 24 January : Present : — Lord Arch- 
bishop of Canterbury, Lord Keeper, Lord Archbishop of York, 
Lord Privle Scale, Lord Great Chamberlen, Earl Marshall, 
Earl of Dorset, Lord Viscount Wimbledon, Lord Cottington, 



1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 193 

Lord Newburgh, Mr. Treasurer, Mr. Comptroller, Mr. Vice- 
chamberlen, Mr. Secretary Coke, Mr. Secretary Windebank. 

[The merchants and owners of shipps of Plymouth, Dart- Newfound- 
mouth, and Barnstaple, and other creekes adjoining, 
who use the fishing trade in Newfoundland, complain- 
ing of sundry abuses committed in the said trade, and 
the petition having been referred for examination and 
report to the Attorney General, his report was this day 
presented as follows.] May it please your Lordshipps In 
this acquired Dominion, I doe conceiue his Majestie may giue 
Laws, And some that may serue for the present I haue pre- 
sumed to present to your Honors to stand vntill it be other- 
wise ordained, with power to certaine Mayors of Townes to 
execute them. And a command that they be published 
there, which are humbly submitted to your honors Judge- 
ment and sent annexed, signed WiUiam Noye. 

Whereas the Region or Countrie called Newfound land 
hath ben acquired to the Dominion of our Progenitors which 
wee hould, and our people haue manie yeares resorted to those 
parts, where, and in the Coast adjoyning they imployed them- 
selues in fishing, whereby a great number of our people, haue 
ben sett on worke, and the Navigation, and Marriners of our 
Realme hath ben much increased And our Subjects resorting 
thither, one by the other, and the Natiues of those partes were 
orderly and gently intreated, vntill of late some of our sub- 
jects of the Realme of England planting themselues in that 
Countrie, and there residing, and Inhabiting, vpon conceipt, 
that for wrongs, on Iniuries don there, either on the Shore, or 
in the Sea adio3ming, they cannot be here impeached, and the 
rather, for that wee, or our Progenitors, haue not hetherto, 
giuen Lawes to the Inhabitants there, and by that example, 
our Subjects resorting thither, iniure one another, and vse all 
manner of excess, to the great hindrance of the voyage, and 
common domage of this Realme. ffor preuenting such incon- 
veniences hereafter wee doe hereby declare in what manner 
our people in Newfound land, and vpon the Sea, adjoyning, 
and the Bayes, Creeks, or fresh Riuers there, shall be guided, 

13 



194 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1634. 

and gouemed ; doe make and ordaine the Lawes following in 
the things after specified, commanding that the same be obeyed, 
and putt in execution. 

1. ifirst if anie man on the land there shall kill another, 
or if anie shall secretly or forceably steale the Goods of anie 
other to the value of fourty shillings, he shall be forthwith 
apprehended, and arrested, detained, and brought Prisoner 
into England, and the Crime Comitted by him, shall be made 
known to the Earle Marshall of England, for the tyme being 
to whom the delinquent shall be deliuered as prisoner, And the 
said Earl Marshall shall take Cognisance of the cause, And 
if he shall finde by the testimoney of two wittnesses, or more, 
that the party had there killed a man, not being at that tyme 
first assaulted by the partie slajnie, or that the kilUng were 
by misaduenture, or stolen such goods, the delinquent shall 
suffer paine of death, and all the Companie shall endeauor to 
apprehend such Malefactors. 

2. That no ballast, Prestones, or anie thing else hurtful! 
to the Harbours be throwne out, to the preiudice of the said 
Harbours, but that it be carried ashoare, and layd where it 
may not doe annoyance. 

4. [Sic] That no person whatsoeuer either fishermen, or 
Inhabitants doe distroy, deface, or anie way worke anie spoyle 
or detriment to anie Stage, Cookeroome, fflakes. Spikes, Nayeles, 
or anie thing else, that belongeth to the said Stages whatso- 
euer, either at the end of the voyage when hee hath don, and 
is to departe the Countrie, or to anie such Stages as he shall 
fall withaU, at his coming into the Countrie, but that hee, or 
they content themselues with such Stage, or Stages onely, 
as shall be needfull for them, and that for the repaireing of 
such Stages, as he or they take, they shall fetch timber out of 
the woods, and not to doe it with the ruining or tearing downe 
of other Stages. 

That according to the auncient Custome, euery Shipp, or 
ffisher, that first entereth a harbour in behalfe of the Shipp be 
Admirall of the said Harbour, wherein, for the tyme being hee 
shall reserue onely so much Beach, and flakes, or both as is 



1634.J ACTS OP THE PRIVY COUNCIL (COLONIAL). 195 

needfull for the number of Boates that he shall vse with an 
ouerplus onely for one Boate more then he needeth, as a 
priviledge for his first coming, and that euery shipp, coming 
after, content himself e with what he shall haue necessary 
vse for, without keeping, or detaining anie more to the pre- 
iudice of others next coming. And that anie that are possessed 
of seuerall places in seuerall harbours with intent to keepe 
them all before they can resolue, vpon which of them to chuse, 
shalbe bound to resolue, and send advise to such after com- 
mers in those places, as expect his resolution, and that within 
48 houres, if the weather so serve, that the said after 
comers, may likewise chuse their places, and so none receiue 
preiudice by others delayes. 

5. That no person cutt out, deface, or anie way alter or 
change the Markes of anie Boates, or Traine-fEatts, whereby 
to defraud the right Owners, And that no person conuert to 
his owne vse the said Boates, or Trajnie ffatts, so belonging 
to others, without their consents, nor remoue nor take them 
from the places where they be left, by the Owners, except in 
case of necessity. And then to giue notice thereof to the 
Admirall, and others whereby the right Owners may know 
what is become of them. 

6. That no person doe diminish, take away, purloyne, or 
steale anie of the ffish, or Trajoie, or Salt which is putt in Cask, 
trayne ffatts, or Cookerome, or other house, in anie of the 
Harbours, or ffishing-places of the Countrie, Or anie other 
provision belonging to the ffishing Trade or to the Shipps. 

7. That no person sett fire in anie of the woods of the Coun- 
trie or worke anie detriment or distruction to the same, by 
Rynding of the Trees, either for the seehng of Shipps, houlds, 
or for Roomes on Shoare, or for anie other vses, except for 
the couering of the Roofes, for Cookeroomes to dress their 
meate in, and those Roomes not to extend aboue 16 foote in 
length at the most. 

8. That no man cast Anchor or ought else hurtfull which 
may breede annoyance, or hinder the haleing of Seanes for 
bait, in places accustomed therevnto. 



196 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634. 

9. That no person robb the Netts of anie drift boate, or 
drouer, for baite by night, nor take away anie baite out of 
their fishing boates by their Shipps sides, nor robb, or steale 
anie of their Netts or anie part thereof. 

10. That no person doe sett vpp anie Tauem for selling 
of Wine, Beare, or strong waters, or Tobaco to entertaine the 
ffishermen because it is found that by such meanes they are 
debauched, neglecting, and poore euiU gouerned men, not onely 
spend most part of their shares before they come home, vppon 
which, the life and mayntenance of their wife and Children 
dependeth, but are likewise in diuers other wayes, as by neglect- 
ing, and makeing them selues vnfitt for their Labour, by pur- 
loyning and steahng from their Owners, and by makeing 
vnlawfuU Shifts to supplie their disorders &c which disorders 
they frequently follow, since those actions haue presented 
themselues. 

11. That vppon the Sondayes the Companie assemble in 
meete places, and heare divine service to be said, by some of 
the Masters of the Shipps or some others, which prayers shall 
be such, as are in the booke of Common prayer. 

12. And because that speedy punishment may be inflicted 
vpon the offenders against those Lawes, and Constitutions ; 
wee doe ordaine that euery of the Mayors of Southampton, 
Weymouth and Melcomb Regis, Lyme, Plymouth, Dartmouth, 
Eastlow, ffoy, and Barnstaple, for the tyme being may take 
cognisance of all complaints made by anie Offendor, against 
anie of their Ordenances, vpon the Land, and by oath of 
witnesses, examine the truth thereof, awarde amends to the 
parties greiued, and punish the Delinquents, by fine and 
imprisonment, or either of them, and of their goods, found 
in the parts of Newfound Land, or in the Sea, cause satisfaction 
to be thereof made, by warrants vnder their hands and 
Scales. 

And our Vice Admiralls in our Counties of Southampton 
Dorset Deuon, and Cornwall, vpon complaint made of anie 
of the premisses comitted vpon the Sea, shall speedily and 
effectually proceed against the Offenders. 



1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 197 

Also wee will and ordaine that theise Lawes and ordinances 
shall stand in force, and be putt in due execution vntill wee 
shaU otherwise prouide, and Ordaine. 

And wee doe require the Admirall in euery Harbour in 
this next Season ensuing, calling together such as shall be 
in that Harborough publiquely to Proclayme theise presents, 
and that they also proclayme the same on the Shoare. In 
Witness 

Their Lordshipps haueing perused, and seriously con- 
sidered the Report and Propositions (Mr. Atturney likewise 
being present) did fully approue confirme, and ratifie the 
same in euery perticular, And did also Order, that the said 
Propositions shall be remitted to Mr. Atturney who is hereby 
required to cause them to be forthwith ingrossed for his 
Majesties Royall Signature (in regard the fishing Season is 
now at hand, and then passed vnder the Great Scale of Eng- 
land. And afterwards a sufficient number of the Copies 
thereof printed to be pubhshed, as well in the seuerall western 
Ports of this Kingdome, as in the Newfound Land. . , . 

[pp. 451-455.] 
[C.S.P. L p. 173-4.] 

[324.] Star Chamber, 29 January : 

Whereas the Marchants, and owners of Shipping, Marriners Newfound- 

land. 

and ffishermen, of the Ports of Plymouth Dartmouth and 
Barnstaple vseing the fishing trade in the Newfoundland, did 
this day by their humble Petition shew, that by virtue of 
Letters from the Board dated the 23th of Nouember last, the 
Mayors of the said Townes, were required forthwith to send 
a man, or two, from each of them to shew reason why the 
transportation of fish, and other commodities in ahans bottoms 
should not be prohibited, which they obeyed, and stUl attend the 
same ; And whereas those that are sent, and employed by 
the said Townes, by orders from the Marchants, and owners 
of the said Shipps, as also by the instance, and intreatie of 
the Inhabitants without the Townes, in the Countrie adiacent, 
and elsewhere, that vse likewise the said ffishing trade in the 
Newfoundland, haue procured from his Majestic, and the 



198 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634. 

Board, the confirmation of some good, and wholsome Lawes, 
vnder the Great Scale of England, for the better regulating, 
and Gouernment of those that Uve there, as also, aU such as 
shall hereafter resort thether in the said fishing voyages, 
which will be a great charge and hindrance to the Petitioners 
should it lye soly vpon them. Now forasmuch as almost 
halfe the Shipping, that are employed that way, belongeth 
not to the Petitioners but to such as are Inhabitants in the 
Countrie, and partes there adjo3ming, and elsewhere, they 
besought their Lordshipps for reMefe therein. Their Lord- 
shipps . . . did accordingly Order that both . . . should 
contribute and beare their partes towards the charge by equal 
proportions, according to their Tonnage, shares, and aduenture, 
as it shall be assessed, rated or thought fitt by indifferent 
men, to be chosen both by the said Townes, and Inhabitants 
of the Countrie vseing the said fishing trade. [Anyone refusing 
to do so is to be reported to the Board.] [p. 461.] 

[C.S.P. L p. 174. J 
[325.] WhitehaU, 10 February: 

Newfound- Whcras divers principall Marchants of London, the Masters 
Wardens, and Assistants of the Trinitie house, and divers 
Marchants of the Westerne Ports, were this day called before 
the Board to the end that vpon heareing the Allegations and 
propositions on aU parts some Course might be aduised on, and 
settled for the causeing of aU the ffish, taken by his majesties 
Subiects, vpon his owne Coasts or in Newfoundland, to be 
bought vpp and taken off, by EngUsh Marchants, and trans- 
ported in Enghshe Bottomes onely, and not in fforraigne 
Bottomes, as formerly hath beene accustomed. Inasmuch 
as vpon debate therof. It appeared that the accomoda- 
tion of the said busines could not bee soe speedely effected, 
as that the Marchants and ffishermen of the said Westerne 
Ports, could stay theire voyage vntiU the issue and Conclusion 
therof without sustayneing greate and irrecouerable losse 
and damage therby some of them being ah-eadie gone and 
the rest readie to put to Sea. In which reguard they were 
humble Suitors to the Board, for leaue to sell theire ffish to 



1634,1 ACTS OF THE PRIVY COUNCIL (COLONIAL). 199 

Strangers, to be transported in theire Bottomes, as formerly 
they had beene accustomed. It was therfore thought fitt 
and ordered, that the said Merchants and ffishermen, should 
be at liberty to sell theire ffish, to Strangers, to be trans- 
ported in Strangers Bottomes, for this tyme onely. 

[p. 487. II ].] 
[326.] Whitehall, 13 February : 

A letter to the BaihfEs and Officers of the Customs at New 

X • 1 1 I. 1 • • 1 England, 

Ipswich, requiring them to make stay of a ship now m the 
port, bound for New England, and also to] send upp some 
fitt person to attend the Board on ffryday next, authorized 
and instructed to showe unto us upon what Grounde, or by 
what warrant, or authority the said Shipp and Passengers goe 
thither. [p. 488. H 1.] 

[327.] WhitehaU, 21 February : 

Wheras the Board being giuen to vnderstand, of the frequent New 
transportation of greate nombers of his majesties Subiects out 
of this Kingdome to the Plantation called New England 
(whom divers persons knowe to be ill affected, and discon- 
tented, aswell with the CiviU as Eoclesiasticall Gouerment) 
are observed to resorte thither, wherby such confusion and 
disorder is alreadie growne there, especially in poynt of 
ReUgion, as besides the ruine of the said Plantation, cannot 
but highly tend to the ScandaU both of the Church and State 
here. And wheras it was informed in particular that there 
were at this present, divers Shipps now in the Riuer of Thames, 
readie to sett Sayle thither fraighted with Passengers and 
provision. It was thought fitt and ordered that stay should 
be forthwith made of the said Shipps vntill further order 
from the Board. And that the seuerall Masters and fEraighters 
of the same should attend the Board on Wednesday next in 
the afternoone, with a List of the Passengers and Provisions 
in each Shipp : And that Mr. Cradock, a Cheefe Aduenturer 
in that Plantation now present before the Board, should be 
required to cause the Letters Patents for that Plantation to 
be brought to the Board. [p. 503. ^ 2.] 



200 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634. 



New 
England. 



[328.] Whitehall, 22 February: 

An open Warrant directed to Gabriell Marsh Esqr. Marshall 
of the Admiralty and to all Captains and Masters of his 
Majesties Shipps, officers of his Majesties Customes &c. 

Whereas wee finde cause to haue stay made of the seuerall 
Shipps, hereafter named, bound for New England and now 
lying in the Riuer of Thames, vizt. The Clement and Job ; 
The Reformation ; The True Loue ; The EHzabeth Bon- 
aduenture, the Sea fflower, The Mary and John, The Planter ; 
The EHzabeth and Dorcas, The Hercules of Doner, and 
another Shippe whereof one Barnes is Master* Theise shalbe 
therefore to will and require you and euerie of you to whome 
it shall appertaine, to cause the said Shipps to be forthwith 
stayde accordingly And not to suffer them nor any of them 
to departe out of the said River, vntill you shall receaue further 
order from this Board. [p. 501. Tj 1.] 



New 
England. 



[329.] Whitehall, 28 February : Present :— Lord Arch 
Bishop of Canterbury, Lord Keeper, Lord Priuie Seale, Lord 
high Chamberlaine, Earl of KeUey, Lord Cottington, Mr. 
Comptroler, Mr. Secretary Windebank. 

[The masters of the ships stayed by Order of the 22nd] were 
this day called before the Board and seuerall particulars giuen 
them in charge to be performed in theire said Voyage, amongst 
which the said Masters were to enter into seuerall Bonds of one 
hondreth pounds a peece to his Majesties vse, before the 
Clarke of the Counsell attendant, to obserue and cause to be 
duely obserued and putt in execution theise Articles following 
\dzt. 

1. That all and euerie person aboard theire Shippes now 
bound for New England as aforesaid, that shall blaspheme or 
prophane the holly name of God be seuerely punished. 

2. That they cause the Prayers contayned in the Booke 
of Common Prayers estabUshed in the Church of England to 

* The Neptune of London, named at the beginning of the next section, 
^n 24 March she was again stayed, but on 28 March released. [pp. 555 and 



1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 201 

be sayde dayly at the vsuall bowers for morning and Evening 
Prayers, and tbat tbey cause all persons aboard theire said 
Shippes to be present at the same. 

3. That they doe not receaue aboard or transporte any 
person that hath not Certificate from the officers of the Port 
where he is imbarqued that he hath taken both the oaths of 
Allegiance and Supremacie. 

4. That vpon theire retourne into this Kingdome they 
certefie to the Board the names of all such persons as they 
shall transport, together with theire proceedings in the 
execution of the aforesaid Articles. 

It was therefore, and for diuers other reasons best knowne 
to theire Lordships thought fitt, that for this tyme they 
should be permited to proceed on theire voyage. And it 
was therevpon ordered, that GabrieU Marsh Esqr. Marshall of 
the Admiraltie, and all other his majesties officers to whome 
the said Warrant was directed, should be required vpon sight 
hereof to discharge all and euerie the said Shipps and suffer 
them to departe on theire intended voyage to New England. 

A lyke order mutatis mutandis. Requiring the BaiMffes and 
officers of the Customes of the Port of Ipswich to discharge 
the fErancis and the Elizabeth, bound likewise for New Eng- 
land and stayde by hke warrant within that Port. [p. 519.] 



CHARLES I. VOLUME X. (1 June 1634-30 June, 1635.) 
[330.] The Committee for foreigne Plantations : 

The Lord Arch Bishop of Canter- 
bury Earl of Dorset 

Earl of SterUng since 
added 
Lord Keeper Lord Cottington 

Lord Arch Bishop of Yorke Mr. Treasurer 

Lord Treasurer Mr. Comptroller 



202 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634. 



Lord Priuy Seale 
Earl Marshall 

or any fiue of them. 



Mr. Secretary Coke and 

Mr. Secretary Winde- 

bancke 

[p. 1.] 



[331.] Whitehall, 7 June : 
Tobacco. [An open warrant to all Justices of the Peace to aid William 

King "to cause to be rooted up and atterly destroyed" all 
EngUsh tobacco.] [p- 19.] 

[332.] Whitehall, 2 July: 
Virginia. Whereas the Board is informed that diverse EngUsh 

ships laden with Tobacco in Virginia and other Plantations 
of his Majestys Subjects, have taken their course from thence 
into the United Provinces of the Low Countryes, and other 
foreigne parts and there unladen and solde the same, contrarie 
to severall orders and Proclamations, and to the manifest 
prejudice of his Majestys service, [it is therefore expressly 
ordered that the master, owner, or owners of any ship bound 
for the plantations shall before his departure give bond to 
return direct to the port of London, and there unload his whole 
freight of tobacco]. [p. 27. ^f 2.] 

[333.] Whitehall, 14 July : 
Virginia. A Letter directed to the Governor and Counsell in Virginia. 

Wee sende you herewith a Petition presented vnto vs by 
John Woodall an ancient Adventurer and Planter in the 
Colonic of Virginia whereby you may well vnderstande what 
complaint he maketh of diuerse servants of his who haue the 
menaging of his Estate there which he conceiveth to be the 
value of a thousand poundes at the least, which they seeke 
to convert to their owne vse not regarding the Petitioners 
instructions or Commissions, nor their owne Sondes, but with 
a high hande execute their owne will and pleasure without 
rendring anie iust account of what they doe ; which if it be 
true ought in no wyse to be tolerated ; Wherefore wee will 
and require you vpon receit of these or Letters, to call all 



1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 203 

the servanntes of the said WoodaU before you, and also such 
other persons whom it may concerne, and throughly to 
examine the truth of the Petitioners allegations, and there- 
upon to take such speedie and effectual! coursse for his reliefe 
therein, as you shall finds to be fit and iust. And so expecting 
to receive an account of your proceedings herein. 

[p. 84. U 1.] 
[334.] WhitehaU, 14 July : 

A Letter to the Governor of Virginia. By our Letters of Virginia, 
the 16th of August last, wee did autorise and require you not 
to permit anie straunges to trade within that Colonic by 
Shipping in regarde of the preiudice which doth thereby growe, 
and is dayly lykely to increasse aswell to his Majesties Customes 
and the shipping of this Kingdome as to the plantation it selfe, 
and did lykewise expresly require you to take Bonde of aU 
his Majesties Subiectes there that they shall Lande their goodes 
here in Englande and not elsewhere ; fforasmuch as wee have 
bene informed that our directions in that behalfe haue not 
bene put in due execution, but that some strangers haue lately 
traded there, and some EngUsh ships laden with tobacco, gone 
directly for HoUande, and there solde the same : Wee cannot 
but greatly merveyle at youre neglect, especially in a matter 
of so great consequence ; and doe therefore againe strictly 
charge, and in his Majesties name comande you to see our 
aforesayd directions carefully and fuUy executed ; whereof 
wee will expect from you a particular and exact Account. 

[p. 86. U 1.] 

[335.] Whitehall, 19 July: 

A Letter to the Governor of St. Christophers. [All the st. Christ- 
growth of tobacco of that plantation shall be brought into °^ ^' 
England, and there unladed ; for which the Governor will 
be held answerable.] [p. 98. ^ 2.] 

[336.] WhitehaU, 22 July: 

A Letter to the Governor and Counsell in Virginia. Virginia. 
Wee haue thought fit hereby to certifie you that his Majesty 
of his royal favor, and for the better encouragement of the 



204 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634. 

planters there, doth let you knowe that it is not intended that 
the interestes which men had settled vrhen you were a Cor- 
poration should be impeached ; that for the present they 
may enioy their estates and trades with the same freedome 
and privileges as they did before the recalling of their 
Patentes. To which purpose also in pursuance of his Majesties 
gracious intention, Wee doe hereby authorize you to dispose 
of such proportions of Landes to all those planters being 
freemen, as you had power to doe before the yeare 1625. 
Wee haue also thought meet to recommende vnto you in 
particular, Captaine William Button in regarde of the services 
done by him to the Plantation as wee are informed, and is best 
knowne to your selues ; requiring you to allowe him so much 
Lande on either syde of the Riuer Apamatock, where it may 
be most convenient for him, as hath bene heretofore vsually 
granted, for himselfe, and so many servantes as he hath, or 
shall now transporte ; And for your further powers ; It is 
now had in consideration; And you shall shortly knowe the 
Kings farther pleasure. [p. 105. ^ 2.] 

[C.S.P. I. p. 185. J 

[337.] Whitehall, 24 July : 

Tobacco [A warrant to the Justices of the Peace of the county of 

Gloucester. William King having found] that divers persons 
inhabiting the Townes of Winchcombe, Cheltenham, gutherton 
Tewkesbury, Arle Charlton Kinge and Ryple . . . have 
at this tyme greate store of Enghsh Tobacco growing con- 
trary to his Majestys Proclamation who by reason of their 
povertie thinke to be excused, [it is to be at once destroyed.] 

[p. 109.] 
[338.] WhitehaU, 6 August : 

Virginia. A Letter directed to the Gouemor and Councell of Virginia. 

[After referring to the letter of 22 July on behalf of Captain 
Button, proceeds to] recommend vnto you Adam Thorow- 
good Esqr ; whose especiall seruices and industry in those partes, 
haue been carefully applyed, to the aduancement of the Plan- 
tation, as wee are particularly certified, and your selues weU 



1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 205 

know, so as for his incouragement in his further proceedings 
and vndertakinges, wee doe hereby require you to sett forth 
and allow vnto him so much land on Chisopahseck Riuer to 
the Southward of the Bay, where it may be most conuenient 
for him, as haue been heretofore vsually graunted for him- 
self e and so many persons as he hath, and shall now trans- 
porte ; together with such Priuiledges and immunities as 
any haue by the Custome of your Plantation. 

[p. 115. •! 4.] 

[339.] Hampton Court, 29 September: 

An humble Petition haueing this day ben read at the Board Carolana. 
in the name of Edward KingsweU Esqr. setting forth diuers 
complaints, and greivances against SamueU Vassall of London 
Marchant, and one Peter Andrewes his brother in law, Master 
of a Shipp, for faileing the Petitioner contrary to Agreements 
and vndertakeings made by the said Vassall, and Andrewes 
with the Petitioner for the makeing of a Plantation in 
Carolana. Their Lordshipps haueing taken the said Com- 
plaints into their due consideration, thought fitt and ordered, 
that the said Andrewes being already in the Custodie of the 
Messenger, shalbe there continued vntDl farther order from 
the Board, And that the said Vassall and Andrewes shall 
without faile attend the Lords Commissioners at their next 
sitting in Councell for fforraine Plantations, at which tyme 
the Petitioner is also to giue his attendance, and prosecute 
his complaint ; further that Vassall, and Andrewes shall not 
depart vntill by their Lordshipps they shalbe discharged, 
whereof all parties whom it may conceme are required to 
take notice, and to regulate themselues accordingly. 

[p. 136. H 1.] 

[340.] Star Chamber, 26 November: 

[The Lieutenant of the Ordnance is directed to supply Peter Carolana 
Andrewes, Master of ship the Mayflower, of about 400 tons 
burden, with 30 barrels of gunpowder, to be paid for at the 
rate of il. 4s. 'id. per barrell.] [p. 245. T[ 1.] 



206 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1635. 



New 
England. 



New 
England. 



[341.] Wliitehall, 21 January : 

John Cuttings Master of the Shipp called the Francis, and 
William Andrewes, Master of the EUzabeth both of Ipswich, 
[having] according to their llordships Order of the last 
of February 1633 [1634] brought a list of the names 
of all the Passengers, that went in the said Shipps for New 
England, in Aprill following [with certificate that these had 
duly taken the Oaths, their petition for the restoration of 
their bonds is granted, and Mr. Meautys ordered to deliver 
them accordingly.] [p. 336. ^ 3.] 

[342.] Whitehall, 18 February : 

[A similar petition having been presented by Thomas 
Graves, Master of the Reformation, and Nicholas Travill, 
Master of the Planter, " on the behalfe of themselves, and 
the rest of the Masters of the Shipps that went to New 
England in February 1633 [1634]," the Clerk of the Council 
is ordered to return their bonds to them.] [p. 401. 1| 2.] 



S. VasBall. 



New 



[343.] Star Chamber, 18 February: 

A warrant to discharge Samuell Vassaile from the ffleete. 

[p. 394. If 3.] 
[344.] Whitehall, 20 March : 

A Letter to the Erie of Portland. Whereas wee are informed 
Amsterdam, that there lyeth now a Ship of Holland of foure hundreth tuns 
at the Cowes bound for the Hollanders Plantation in Hudsons 
River, the Officers of which Ship seeke to drawe, as many of 
his Majesties subiectes as they can to goe with them 
by ofEring them large conditions. fEor the preuenting of 
so preiudiciall a course, wee haue therefore thought fit 
hereby to pray and require your lordships to take speedy 
and effectuall order, that all the Enghsh as well in that Ship 
lying there at this tyme as in any other that shall hereafter 
come thither or into any of his Majesties Portes, within your 
Jurisdiction may be stayed, and none of his Majesties Sub- 
iects suffered to serue any foreine Prince or State without 
licence from his Majesty or this board which wee earnestly 
recommende to your lordships especiaU care. [p. 494. f 2.] 



1635.] ACTS OF THE PRIVY COUNCIL (COLONIAL) 207 

[345.] Whitehall, 30 April : 

[A warrant with general directions states that much Tobacco. 
English tobacco is grown in several places, and orders it 
to be destroyed.] [pp. 543-4.] 

[346.] Starr-Chamber, 12 June : 

To the Kings most Excellent Majestie. The humble Petition Tobacco, 
of Diuers Marchants and Seamen. Humbly shew to your 
Majestie that your Petitioners tradeing for Holland in 
Virginea Leafe Tobacco of your majesties CoUonies Growth 
&c and sending theire goods thither in Enghsh Shipps, haue bin 
much vexed and taken by the Dunkirke men of Warr, 
who haue taken the Shipp Roberte Bonaduenture, Shipp 
Charitie and Shipp fEortune &c . . . And if any Shipp 
Carries Tobacco, they thervpon confiscate Shipp and 
goods pretending Tobacco to be Victualls, when by 
the opinion of the learned Doctors of Phisick Doctors 
of Civill Lawe and Councellors at Lawe of this King- 
dome and of ffrance and fflanders it is held to be 
noe victual! nor medicinable foode, and soe not Subiect 
to confiscation, which if it be suffered, will be the overthrowe 
of many your majesties Subiects,'and decay of the Nauigation 
of this Kingdome. And although your Royall Majestie was 
graciousely pleased to grant your Letters to the Prince 
Cardinall for deUuerie of your Petitioners Shipps and goods. 
Yet through the meanes of the Judges of Dunkirke such wayes 
are wrought that your Petitioners goods are sould for them, 
and the Petitioners cannot get theire goods according to your 
majesties Request in the said Letters. 

[The petitioners now present before the Board further 
ask for Letters of Marque ; the case is referred to Sir 
Henry Martin for consideration and written report.] 

[pp. 612-613.] 



208 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1635, 

CHARLES I. VOL. XI. (1 July 1635-28 Feb. J 636.) 

[347.] Whitehall, 10 July : 

Tobacco, [-An order to the Justices of the Peace of Gloucester : 

" divers inhabitants within the towne of Winchcombe have 
threatened that they will not suffer their sayd Tobacco to 
be destroyed." At other places William King has been 
violently resisted. " The Constables of the Townes and 
Parishes of Cheltenham, Tewkesburie Winchcomb and 
Gulferton " are therefore to take sufficient aid, and to root 
out the said tobacco.] [pp. 27-8.] 



[348.] Whitehall, 10 August : 

Virginia. This day Tho. Horwood of Virginia, being sent for by 

warrant entered his apearannce and is to remaine in the 
Messengers custody till further order. [p. 97. ^ 2.] 

Whitehall, 30 September : 

A warrant for Tho. Horwood (now close prisoner in the 
Gatehouse) to have libertie to goe abroad with his Keeper 
for the preparing of his business to be heard before his 
Majesty. [p. 124. ^ 3.] 

[349.] Star Chamber, 22 Nouember : 

Virginia. A Letter directed to the Counsell in Virginia. Whereas 

wee are informed that there is in that Plantation one 
Thomas Harwood living in the house of WiUiam Horwood of the 
same Plantation : fforasmuch as there speciall cause for his 
attendance vpon vs here, wee doe therefore thinke fit, and 
hereby expresly require you to sende hither the said WiUiam 
Harwood in safe custody with the first shipp that shall come 
over. [p, 236. ^ 1.] 

[350.] Whitehall, 23 December : 
S. Vassall. Whereas by the humble Petition of Samuell Vassell 
Merchant this Day read at the Boord. Shewinge that vpon 



1635.] ACTS OF THE PRIVY CO UNCH^ (COLONIAL). 209 

a Complaint made by Edward Kinswell against the Petitioner 

and Peter Andrewes, it was ordered Sir Abraham Dawes 

Knight and Mr. Edward Nicholas Esqr Clearke of the Counoell 

in ordinary should consider of such dammages, as the said 

Kinswell should present, and make report thereof vnto vs 

which they did, but it is alleadged the Petitioneres were not 

heard therein. And for that the said Kinswells demands were 

for Servantes and goodes transported to Virginia, as by 

Certificate appeares Wee did order the Petitioner and Andrewes 

to pay Kinswell Sixe hundred eleaven pounds one shiUinge 

and foure pence : But now it is alleadged by the said 

Vassall that the said Kinswell not only enioyed all the said 

Servantes, and Goodes, but also Converted to his owne vse 

17 Servants, and some Goods of the Petitioners for which 

as the Petitioner Conceaveth bee receaved at least fower 

hundred and fifty pounds so that if the Petitioner pay the 

said Sixe hundred eleaven pounds one shillinge and fower 

pence KinsweU will not only bee double satisfied for one and 

the same thinge ; but also will enioy fEower hundred and ffifty 

pounds more of the Petitioneres : And forasmuch as the 

Petitioner doeth now ofEer to obey our Order and to pay 

Kinswell the said Money, so hee would assigne the Petitioner 

those Servantes, and Goods for which hee demaunded the 

same ; which hee refusinge to doe, the Petitioner only forbore 

payment, and the Petitioner beinge still ready to deposite the 

said Money vntill his Cause bee better made knowne : his 

humble Suite therefore is that wee would graunt a newe 

Ref errence of his Cause to the said Sir Abraham Dawes Knight 

and Mr. Nicholas Esq or such others as wee shall appointe, 

and that the depositions taken for discovery of the trueth, 

may bee veiwed and Considered [The case is referred to Sir A. 

Dawes and E. Nicholas again, upon VassaU and Andrewes 

depositing QUI. Is. id. as security to abide by the Council's 

decision on their report ; on doing which they are to be] 

set at liberty, and freed from the Serieant at Armes, the 

Messenger and Keeper of the Prison of the Marshalsea. 

[p. 299. If 2.] 
u 



210 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1636. 



St. 
Christopher. 



S. Vassall. 



S. Vassall. 



[351.] Whitehall, 14 January : 

A warrant directed to the Customers and officers of the 
Port of Lyme. Whereas Richard Tapper and Henry Stone 
Merchantes of Plymouth haue petitioned for leaue to land 
about : 12 : Tonn of St. Cristophers Tobaccoe now on Board 
the shipp called the Margarett of Plymouth which now rideth 
at Lyme forced in thither in coming for the Port of London 
by great extremity of weather : 3 : shippes comming in com- 
pany with them, being cast away as they alleadge in their 
petition which wee send vnto you here inclosed, praying and 
requiring you if you find the Information therein to bee true 
to giue order that the petitioners or their Assignes may haue 
liberty to land the said Tobaccoe in the Port of Lyme they 
paying such custome and dueties for the same as is due. 

[p. 354. ^ 2.1 
[352.] Whitehall, 16 January : 

[On the petition of Samuel Vassall for a rehearing of the 

case between him and Kingswell by Sir A. Dawes and Mr. 

Nicholas], Theire Lordshipps takeing into Consideration that the 

Lords Commissioners for Plantations had formerly made 

an order in this busines, did not thinke fitt to haue any new 

examination for any thing setled alreadie by that order, but 

that it should stand in force and vnquestioned. And that the 

Petitioners should not trouble the Board any further to that 

purpose. [p. 358. ^ 2.] 

[353.] Whitehall, 22 January : 

[After consideration of the case between Vassall and 
Kingswell,] Theire Lordships did hereby authorize and require, 
the said Sir Abraham Dawes, forthwith to pay unto the said 
Kingswell or his Assigne on that behalfe, the said sume of 
61 li. Is. 4d., ffor doeing whereof, this shall be his sufficient 
warrant. And touching the fower hundred pounds, whereof 
the said Vassall doth demaund an Account from Kingswell 
as also concerning the further demaunds made by the said 
Kingswell against Vassall, [the Board will give order upon 
receipt of the report from Sir Abraham Dawes and Mr. 
Nicholas.] [y,p. 378-9.] 



1636.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 211 
CHARLES I. VOL. XII. (1 Mar. 1636-27 Nov. 1636.) 

[354.] Whitehall, 29 April : 

Whereas a petition was this day presented to the Board S. Vasaall. 
by Roger Wingate gentleman and Dorothie his wife 
Executors of Edward Kingswell Esqr Deceased ; Shewing 
that the Commissioners for plantations vpon consideration of the 
cause between the said Kingswell on the one parte, and Samuel 
Vassall and Peeter Andrewes on the other parte ; did the 2 of 
July last [authorise the Lord Keeper to issue a Commission 
to the former referees to consider the particulars of Kings- 
well's remaining claims amounting to 2099L lis. 9>d., but that 
Kingswell died after procuring a warrant for this Commission, 
leaving the petitioners his executors, who now request that 
the suit may proceed in their names and that the Commission 
may issue accordingly. The petition is granted and order 
given as desired.] [p. 119. last ^.] 

[355.] Star Chamber, 11 May : 

Wheras an humble Petition hath beene presented to the Virginia. 
Board by John Constable Sonne of WiUiam Constable, late 
Clerke of his majesties Munition at fHushing of his Garrisson 
there. Shewing that the Petitioner haueing heretofore traded 
for Virginea and haueing divers debts, oweing to him there, 
had lately freighted and laden a Shipp at fflushing for a voyage 
to Virginea and was now come over to put in securitie heere, 
for the Retourne of his said Shipp and goodes, from Virginea 
to the Port of London, according to his majesties late 
Proclamation published on that behalfe. But that the fEarmors 
of his majesties Customes, of the said Port of London, haue 
refused to accept of such Bond as aforesaid in reguard the said 
Shipp is to sett sayle from a forraigne Port. [On consideration 
of an opinion received from the Farmers of the Customs], 
Theire Lordshipps . . . did thinke fitt and order that 
the Petitioner should be permitted for this tyme, in 
reguard his said Shipp is alreadie freighted, to proceede 
on his intended voyage, from fflushing aforesaid, hee first 



212 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1636. 

entring into sufficient Bond before the officers of his 
majesties Customes of the said Port of London, for the Re- 
tourne of his said Shipp and goods hither, and for due 
payment of his majesties Customes and duties for the same. 

[p. 165. last ^.] 
[356.] Star Chamber, 31 May: 

St. Wheras an humble Petition was this day presented to the 

r 9 op eu -g^g^j,^ i^y Nathaniell Cale, Walter Barret, and Myles Collowhill 
Marchants. Shewing that theire Shipp called the ffaulcon of 
Bristoll being lately vpon her Retoume homewards, from St. 
Christophers with aboute 14000 weight of Tobacco sprung a 
Leake by the way wherby the said Shipp, with her men and 
ladeing, being in greate danger to be lost, were forced to runne 
a Shoare, into the Harbour of Kingsale, in Ireland, and from 
thence to come afterwards with much hazard into the Port 
of Bristoll, where the said Tobacco being almost quite spoyled 
with Salte water, was vnladed. The truth of all which 
appeareing by good Certiffioate The Petitioners were humble 
Suitors that in reguard of the premises, they might be per- 
mitted to dispose of the said Tobacco in those parts without 
any aduantage to be taken against them or any of them, 
vpon the Bonds by them entered into, for bringing 
the same to the Port of London [Their Lordships 
upon certificate from the Officers of the Customs gave 
permission as requested] provided they sell the same 
vnto none, but such as are Lycenced vnder the greate Scale 
to Retaile Tobacco. [p. 216. last %] 

[357.] Ibid. 
Barbados. A letter to the Gouernor of the Island of Barbados. 
[To ensure the safety of the creditors of Captain William 
Birch you are] to informe your selfe what Estate the said 
Birch hath in those parts, and in whose hands soeuer you 
shall finde any parte of the same, if such partie be soluent, 
that then you continue it in theire hands by way of 
Sequestration vpon good and sufficient Securitie by them 
giuen, to be answerable for the same, when they shall 



1636.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 213 

be required, or if otherwise you conceiue the parties 
in whose hands any of the Estate shall be found, not to be of 
themselues sufficient nor able to giue good securitie to answer 
the same. That then you cause the said Estate to be put by 
way of Sequestration into the hands of such person as shall 
be desired by the said Creditors vpon lyke Caution and 
securitie as aforesaid. And the same to be soe continued, vntill 
you shall haue made CertifRcate vnto vs of your proceedings 
herein and what the Estate of the said Birch truly is : and 
vntill you shall thervpon receiue further order from vs for the 
disposeing therof. [p. 224. last %.] 

[358.] Whitehall, 19 June : 

[An order similar to that of 10 July 1635.] [p. 226.] Tobacco. 

[359.] Hampton Court, 24 June : 

A Letter to the Govemour and Councell of Virginia. Wee Virginia. 
haue herein sent you the Petition of John WoodaU who 
deserveth encouragement for his chargeable and constant 
Adventures into that Plantation : Praying and requiring you 
to take his Complaint into serious Consideration, and not 
onely to cause speedy Justice, either to bee done him there 
against such of his Servantes as shall not give him iust 
Accompts of his goods and Cattle Committed to them, or other- 
wise to send them for England to giue him satisfaction for the 
same here, But also to put and establish his new Agent John 
Convers in possession of his the said John WoodaUs Estate 
there whereby hee may at length enioye the same with quietnesae 
and advantage. As concerning his Commoditie of Bees, Wee 
conceave it reasonable that hee haue the sole Profifit of those 
which are his owne, and the disposinge of them as hee desires 
in his Petition, leaving the same to you to take order therein 
as shalbee iust, and may bee for the encouragement of him 
and other the like Adventurers : Wee haue by former Letters 
recommended to your Care this Petitioners Estate which hee 
alleageth doeth appeare in your Registers and Bookes to haue 
formerly been there adiudged to him. Whereof since the Poore 
Man hath not hitherto receaved that effect and Justice Wee 



214 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1636-7. 



The 
Committee 



Tobacco. 



Newfound- 
land. 



expected. Wee haue thought good by these our second Letters 
to recommend him againe to you for your furtherannce and 
assistance in his iust and lawfull requests, praying and requiring 
you to take the same into your nearer Care, and to giue vs 
such an Accompt (in convenient time) of your proceedings 
herein, as that the Petitioner may not haue cause further to 
trouble vs with his Petitions on this behalf e.* 

[p. 283. last ^.] 
[C.S.P. L p. 238.] 

CHARLES I. VOLUME 13. (4 Dec. 1636-30 May 1637.) 
[360.] The Committee for fforeign Plantations : 
Lord Arch Bishop of Canterbury, Lord Keeper, Lord Arch 
Bishop of Yorke, Lord Treasurer, Lord Priuie Seale, Earl 
Marshall, Earl of Dorset, Earl of Sterling, Lord Cottington, 
Mr. Treasurer, Mr. Comptroller, Mr. Secretary Coke, 
Mr. Secretary Windebank or any fiue of them.t 

[361.] Whitehall, 24 February : 

[A warrant directed to Gilbert Hyde, Gent.] Whereas we 
are given to understand, that ther is a greate quantitie of 
Enghsh tobacco lately brought up to London, out of the 
County of Glocester, and that there is more dayly exported 
from thence ; [it is to be seized and kept in safe keeping till 
further order.] [p. 185. ^ 1.] 

[362.] Whitehall, 10 March : 

This day his Majesty and their Lordshipps, did heare the 
Businesse, touching the Plantation of Newfoundland ; the 
Deputies for the west Country being present, and Ukewise 
heard ; wherevpon (the lords interresed in the said Plantation ; 
Declareing, that they had no intent to abridge the ffishing, 
or to restraine them from any Liberties or Priuiledges, which 
they had formerly enioyed in the ffishing, but rather to increase 
the same) His Majesty with the aduise of the Board, did order ; 

* Is this the same Woodall mentioned on 27 March, 1636. " A Warrant 
to the Warden of the ffleete to set at liberty the person of John Woodall, 
formerly Committed to his Custody " [p. 56] ? 

t The same list is given in vol. xv. p. 1. 



1637.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 215 

that his Sollicitor Generall, shall prepare a Draught of a 
Patent for Plantation in Newfoundland, to bee presented to 
his Majesty and the Board ; and then to be Communicated to 
the said Deputies of the west Country, and their Councell ; 
to the end they may make their exceptions to anything therein, 
Concerning their fishing, if they shall find Cause. 

[p. 235. U 2.] 
[363.] Whitehall, 4 April : 

A Warrant directed to the ffarmors and officers of his Virginia. 
Majestys Customes and to all others his Majestys officers 
whom it may concerne. 

Whereas John ffarrington John Bradley and Thomas 
Jennings on the behalfe of themselues and others the 
Adventurers and Planters in Virginea did by their hiimble 
petition informe the Board that the officers of the 
Custome House in London would not now suffer the petitioners 
to transport such Provisions for that Plantation as formerly 
they were accustomed (in regard the Pattent for the said 
Plantation is called in,) wherein the petitioners made humble 
Sute for releife by warrant from the Board : Theis are there- 
fore to wiU and require you and every of you whom it may 
concerne to permitt and suffer the petitioners to Shipp and 
transport such proportions of Powder Shott and other 
munitions, As alsoe such Butter meale Candles and all other 
necessary provisions whatsoeuer as are provided by the peti- 
tioners aswell for supply of the Passengers (now furnished with 
Shipping and ready to put to sea) in their Voyage thither, as 
likewise for supply of the Cuntrey and Planters : And this 
to be performed and allowed vnto them in as full and ample 
manner as was wont to bee before the calling in of the said 
Pattent : Though not to be vnderstood to extend further 
then the present occasion of such Shipps as they haue prepared 
in readinesse for this one Voyage. [p. 30L last ][.] 

[364.] Whitehall, 19 April: 

[John Crewkerne and other deputies for the Western Ports Newfound- 
petition that a time be appointed them for presenting to the *°*^' 



uxd. 



216 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1637. 

Board their exceptions against the desired Patent for New- 
foundland. The 26th is accordingly fixed for the hearing 
and all concerned are to take notice and give their atten- 
dance.] [p. 319. H 1.] 

[365.] Whitehall, 30 April : 

rewfound- [Both parties having been heard with regard to the 
proposed plantation of Newfoundland, and the patentees 
professing all wiUingness to come to terms] It was 
ordered by his Majesty that the said Deputies of 
the said Westerne Portes should give Coppies of their 
said exceptions and petition vnto his Majestys SoUicitor 
generall (being specially intrusted and Charged by his 
Majesty with the Care of this Businea, and that a Coppie 
of the said Pattent as it now stands, should by him 
bee given vnto the said Deputies, to the end that they by 
their Councell learned or otherwise, might the better consider 
of such Clauses therein as they should thinke to neede 
alteration, explanation or addition, and make an other Draught 
such as they shall like best to secure themselues from 
oppression or Damage, the same to bee Communicated vnto 
hia Majestys Sollicitor generall, who is required to heare both 
parties with their Councell Learned, and to agree and settle 
such Pointes wherein either Side shall remayne vnsatisfied ; 
But yf a perfect Agreement betwixt the said Patentees and 
the said Westerne Portes shaU not this way bee obtayned, 
then his Majestys said Sollicitor to sett downe in writing the 
Pointes that shaU Remaine in difference to bee presented to 
hia Majesty or to the Board (together with his opinion) for 
such fynall order and determination therein, as shall bee 
found fittest for the Common good and welfare of aU his 
Majestys loving Subiectes whether Planters or ffisshers which 
for such ends shall repaire unto or frequent the said Coast and 
Countrey of Newfound Land aforesaid : And in the agitation 
• of theise things and the Conferrences, and Reportes thus 
appointed, touching the same. It was his Majestys speciall 
Commaund, That noe time should bee mispent nor protraction 



1637.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 217 

or delay vsed by the parties, Considering the Season of the 
Yeare, soe neare allready and att Hand : Of all which the 
parties aforesaid are hereby required to take notice, And 
to governe themselues accordingly. [p. 349. ^ 2.] 

[366.J Inner Star Chamber, 3 May : 

Their Lordships, taking into consideration the Pattent New 

graunted to the Governour of New England, did this day Order 

That Mr. Attumey generall bee hereby prayed and required 

to call in for the said Pattent and present the same to the 

Board or the Committee for forraigne Plantations. 

[p. 372. II 2.] 

[C.S.P. I. p. 251.] 
[367.] Star Chamber, 25 May : 

A Letter directed to the Governour and Company of all his Virginia. 
Majestys Colony att Virginia. Whereas a Petition hath been 
presented to Vs in the names of John West esqr Samuell 
Matthew, John Vtye and William Pierce, Shewing That they, in 
obedience to his Majestys Command given to you the Governor 
of Virginia having all of them (excepting onely William 
Pierce who came into the Kingdome a yeare past) been sent 
as Prisoners into England That since their arrivaU here, the 
Petitioners vnderstand by severall Letters from Virginia that 
divers of their Goods Cattle and Servants have been seized 
on by Order from you the said Governor vpon what 
pretences they knowe not, as by the said Petition a Coppy 
whereof is here inclosed appeares. fforasmuch as the said 
Persons have hitherto (since your last Arrivall in those parts 
shewed Obedience to the Commands and directions that have 
been delivered to them from hence, and for that they are 
here attending his Majestys pleasure for a hearing [those with 
whom they have left their servants, goods and cattle are 
quietly and peaceably to enjoy the same tiU further order, 
and any such goods, servants or cattle which have been taken 
are to be at once restored]. And Wee moreover require aswell 
you the said Governor as all others whatsoever to forbeare to 
vse or suffer any such course or proceedings against any of 



218 ACTS OP THE PEIVY COUNCIL (COLONIAL). [1637. 



Virginia. 



the said Petitioners Estates Servants or Trustees on that 
side till further Order from his Majestic or this Boord. 

[p. 452.] 
[C.S.P. I. p. 252-3.] 

[368.] Star Chamber, 25 May : 

The Petition of Edward Walker Master of a Ship called 
the Ensurance whereby hee humbly desired leave for reasons 
therein mentioned to transport into the parts beyond the Seas 
fower Tons or thereabouts of Campechia wood brought out of 
Virginia being referred by the Board to the ffarmers of the 
Custome house London to examine, [and the said farmers 
having reported that the said wood] was laden for England 
conditionally if it might bee here Landed otherwise to bee 
exported . . and the Master of the Shipp was 

bound in a Bond of 1,000Z. to returne with his lading from the 
English Plantations into England, and did give notice of the 
said fower Tonus of Capechia wood to the Oificers, at his 
first arrivall, [the Farmers of the Customs recommend that 
his petition be granted, which is accordingly done]. 

[p. 456. II 1.] 



Newfound- 
land. 



CHARLES I. VOLUME XIV. [1 June 1637-28 Feb. 1638.] 

[369.] Star Chamber, 25 June : 

His majestie being this day present in Councell the 
Question in debate betweene the Patentees for the Plantation 
in Newfound Land and the Deputies of the Westerne ports 
concerning the imposition of 5 : in the hundred to be leauied on 
all such sacks of Stranger which shall come and take off 
theire ffishes in the Ports there, was debated and settled as 
foUoweth. ffirst the said Patentees did consent, that if any 
Strangers doe come to buy fish in theire Plantation the said 
Imposition of 5 in the hundered shall be leauyed vpon them as 
well as vpon those Strangers that trade with the ffisherme. 
Which was ordered accordingly. Secondly the said Patentees 
doe vndertake that for Releefe of the said ffishermen, because 



1637.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 219 

the Strangers (as the deputies of the westerne ports doe 
apprehend) wiU not come with theire Sacks to take off theire. 
ffishe as heretofore in reguard of this new imposition. They 
the said Patentees will take off such quantities of theire ffish 
yearely from tyme to tyme as vsually they haue sould to 
Strangers by a medium of 7 yeares last past which is to be 
setled and agreed betweene the said Patentees and the 
deputies of the said Westerne ports. And that they the said 
Patentees will pay such Rates for the same, and in such 
manner as the English which goe thither doe yearely pay and 
wiU forthwith giue sufficient security by Marchants of London 
for the due performance of the same. AU which was lykewise 
ordered accordingly. Lastly it was ordered that the Patent 
should be perfected and passed, without any further delay. 

[p. 66. last ^.] 
[370.] Star Chamber, 30 June : 

[The case of the creditors of Captain William Birch, whose Barbados, 
goods had formerly, by direction from the Board, been seques- 
tered by the Governor of Barbados, having been referred 
to Sir Paul Pinder and Sir John Wolstenholme, the Council 
approve, and give order in accordance with their re- 
port, dated 28 June,] — According to your Lordshipps 
order, we haue called before vs the widow Byrch, Ad- 
ministratrix Thomas Wannerton, Capt. Hyde, with divers 
other Creditors of Capt. William Byrch deceased, and in our 
presence vpon the 16th day of May last aswell the said 
Administratrix as the said Tho. Wannerton and others on the 
behalfe of the Rest of the Creditors did acknoledge to haue 
formerly contracted and agreed. That the said Widowe 
(surrendering her Administration to the said Thomas Wannerton 
for and to the behoofe, of the rest of the Creditors) should haue 
one fifth parte of the Estate of her said husband deceased 
(the Charges deducted) togeither with the overplus if any 
should be. Which Contract being presented vnto vs was againe 
acknowledged and confirmed by the said widowe, and Creditors 
and Coppies thereof subscribed respectiuely deliuered each to 
other. Whervnto we haue thought fitt to add. That the 



220 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1637. 

said Thomas Wannerton (asigned for the rest of the Creditors) 
shall promise to ayde the said Widowe the best he cann if 
she shall be troubled with any suite hereafter, for or concerning 
the said Administration. And herevpon wee conceiue your 
Lordshipps may be pleased to order the Gouemor to deliuer 
or cause to be deliuered, aswell all the goods and debts of the 
said Capt. Byrch deceased, by him formerly sequestered, into 
the hands and possession of the said Thomas Wannerton, or his 
Assignes to the vse of the said Widowe, and Creditors afore- 
said, according to the tenor and intent of the said Contract. 
And alsoe to ayde and assist, the said Wannerton or his 
Assignes, in the Recouerie of what els of the said Estate can 
be discouered in the Barbadoes or elswher. [pp. 83-84. J 

[371.] Greenwich, 9 July : 

Newfound- It was this day ordered at the Board, (his Majesty being 
present) that the Patentees for the Plantation for Newfoundland, 
shall haue their Patent forthwith passed, according as it 
hath been directed, by former orders of the Board ; wherein it 
is to bee expressed, that the Patentees, shall take of strangers, 
that buy of the fish from the fishermen, an Impost of fiue fishes 
in the hundrith ; the hundrith of fish, conteyning 120 fishes. 
And it is further ordered, that the fishermen of the West 
Countrey, before their setting forth from this Countrey, shall 
declare to the said Patentees, what quantities of fish, they will 
vndertake, to deliuer to the said Patentees, in the Newfound- 
land, by a Medium of .7. yeares last past, according to an order 
of the Board, of the 25th of June last ; And the said Patentees 
are to giue them security here, by sufficient Merchantes of 
London, according to the said order, to take off and pay for 
the same. And it is ordered, that vntill the same be performed, 
the shipps of the said Patentees, shall not bee suffered to departe 
hence. And this is to bee performed from yeare to yeare. 

[p. 122. last %] 
[372.] Oatlands, 6 August : 

Virginia. [Upon a petition of the planters and adventurers for Vir- 

ginia, they are permitted to] shipp and transport to the Place 



1637.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 221 

aforesaid as formerly, Powder, Shott and other Munitions, as 
also Butter, Meale, Candles, and all other necessary provisions 
. according to a warrant of the fifth of Aprill 
last. [This permission is to be for this occasion only, and 
subject to the consent of the Lord Treasurer, on whom 
the petitioners are forthwith to attend.] [p. 171. ^ 3.] 

[373.] Oatlands, 27 August: 

A Letter to Sir Henry Marten Knight Judge of the Admyralty. Virginia. 
Wee send you inclosed a Petition presented vnto vs by Joseph 
Sanders Marchant shewing that the Petitioner about a yeare 
agoe sent to Virginea in two Shipps Goods to the Valewe of 
3500Z. and vp wards reckoning with the same the VictuaUing of 
the said Shipps and other Charges, And also sent 83 Servants 
to bee employed there And that one Hugh Weston going 
Master of one of the said Shipps (in which the Petitioners 
ff actors went over who all dyed by the way in that Voyage) 
did most dishonestly and vnconscionably take into his posses- 
sion (as his owne proper goods all the Adventure and goods 
of the Petitioner and his said fEactors and also diverse goods 
of other Marchants, causeing the proper and pecuUer Markes 
of severall parcells of goods to bee cutt out, and his owne 
Markes to bee sett thereon. And that soe soone as the Petitioners 
said ffactors were dead the said Weston tooke there Trunckes 
wherein their moneyes were into his handes, with all their 
Bookes of Account and all their other Specialties and writings 
concerning the said Adventure . . . the Petitioner for his 
better releife makes humble suite to haue this Complaint 
recommended vnto you from this Board, he haveing arrested 
the said Weston and being to proceed with him before you. 
[If the case prove to be such as is alledged, the petitioner 
is to be afforded aU lawful favour; the Judge to re- 
port to the Board, and] to Certify what further directions 
you conceaue fitt to bee given from the Board for the Peti- 
tioners reliefe or for the explary punishment of the said 
Weston. [p. 183. «[ 1.] 

[To a similar letter sent to the Governor and Council of 



222 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1637. 



Virginia. 



Providence 
and 

Henrietta 
Islands. 



Virginia is added a postcript, which has been erased, with 
the marginal note " Postscript Vacat." It reads as fol- 
lows] : fEorasmuch as at the signing hereof wee are informed 
that the said Weston is arrested here, Whereupon wee have 
recommended the Busines to the especial care of the Judge 
of the Admyralty : You are therefore to seize and cause to 
remayne in safety and forth-coming such goods and servants 
as you shall finde to belong to the Petitioner, And to make 
retourne to the said Judge of the Admyralty here. 

[pp. 183-4.J 

[374.] Hampton Court, 19 September : 

A Letter to the Governoxir and Councell of Virginia. 
Whereas Lawrence Evans Merchaunt this last yeare sent for 
Virginia, in the Rebecca, the George and the HopeweU whereof 
were Masters Richard Buckham, Robert Page and William 
Smith, not onely divers Servaunts but Goods to the value of 
Two thousand pounds and a ffactor who being Imbarqued 
in one of them died by the way, wherevpon much of his Goods 
were embezeled by the said Masters and their Mariners, and 
the residue were deUvered to one Francis Poeties another of 
his ffactors there, to whome having consigned the aforesaid 
Servaunts and Goods in case his said ffactor should dye at 
Sea, the said Poetres signifies by his Letters to Evans that the 
parcells of Goods receaved by him came farre short of the Bill 
of Lading, and returnes him but One hundred and fifty pounds 
in Commodities for his said 2000L [Their Lordships there- 
fore refer the petition of Evaias to the Governor and 
Council, with strict injunctions to examine thoroughly into 
the matter.] [p. 220. If 2.] 

[C.S.P. I. p. 258.] 

[375.] Hampton Court, 29 September : 

The annexed Petition of the Right honourable the Earle of 
Holland, touching the Islands of Providence and Henrietta, 
together with divers other Isles lying betwixt the degrees of 
6 and 24, from the Equinoctiall Lyne in Northerly latitude, 
and betweene 290 and 310 of Longitude being this day 
presented to his Majesbie, sitting in CounceU and read at the 



1637.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 223 

Boord, It was Ordered that the same should bee referred to 

the consideration of the Lords and others Commissioners for 

Plantations, who are prayed to meete vpon the second Tuesday 

in the next Terme at Whitehall, and to call thither vnto them 

Sir Henry Martin Knight Judge of the Admiralty, and Mr. 

Atturney generall, and vpon advice and debate of the par- 

ticulers contained aswell in the said Petition, as in the Paper 

thereto annexed, to certefie to his Majestic, whether all or 

what part thereof they conceave may bee fit to bee graunted. 

[p. 228. last ^.] 

[C.S.P. I. p. 258.] 
[376.] Hampton Court, 29 September : 

Vpon a Petition presented to the Boord in the name of Virginia. 
William Peirce, shewing that about 18 moneths since, hee 
came into England from Virginia, in which time there was 
a Complaint made to his Majestic against the Petitioner and 
others. Whereupon, his Majestys Atturney generall, hath of 
late exhibited an Information in the Star chamber, to which the 
Petitioner hath answered, and been examined vpon Interroga- 
tories, and wilbee ever ready to abide such order as shalbee 
given vpon hearing of the said Cause. And having spent the 
meanes he brought over with him, soe as hee is vnable to subsist 
here any longer, besought their Lordshipps to give him Licence 
to goe backe into Virginia, for some short time, to make his 
Provision, and to settle his Estate there, which is in danger 
to bee lost, to his vtter mine, having noe other meanes to 
maintaine himselfe, his wife and Children. It was this day 
Ordered that the said William Peirce putting in good Security, 
in the Sum of one thousand pounds before Mr. Goad Deputy 
Clerck of the Star chamber, to appeare and attend in his 
Majestys Court of Star chamber at such day as his Majestys 
Atturney generall shall appoint and set downe, shalbee per- 
mitted to repaire into Virginia for the better disposing of his 
affaires there. [p. 230. last %] 

[C.S.P. I. p. 258.] 

[377.] Ibid. 

Margaret and Elizabeth Gates Daughters of Sir Thomas Virginia, 



224 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1638. 

Gates Knight and Margaret Gates the Widdow of Anthony 
Gates Sonne of the said Sir Thomas, [set forth that there are] 
certaine moneys due vnto Captaine Thomas Gates deceased, 
Sonne of the said Sir Thomas, for his Services in the Voyages 
to Cades, Rez, and Rochell in which Service by a Cannon shot 
hee lost his Ufe. . . . Being destitute of meanes to re- 
lieve their wants, or to convey them into Virginia where their 
father Governor of that Isle died, and left his Estate in the 
hands of divers Persons who have ever since vnlawfuUy 
detained the same, [they besought speedy payment of the 
moneys. The Lord Treasurer is prayed to give order for 
speedy payment]. [p. 231. ]f 3.] 

[C.S.P. IV. 182.] 

[378.] Star Chamber, 18 October : 
Virginia. A Letter to Sir John Haruy Knight Gouemor of Virginea. 

We send you inclosed a petition presented to this Board by 
John Woodhall a Planter there wherby he hath represented 
vnto vs, what Care and Expedition you haue vsed, (according 
to our Letters of Recomendation on that behalf e) in doeing 
him Justice against such persons as had preiudiced him in his 
Estate there, or detayned any parte therof from him, for 
which your readines and good Endeavours, expressed in pur- 
suance of the directions of this Board, we take very well at 
your hands, and doe hereby retourne you thanks for the same 
praying you to continue your Care, towards him for the better 
preservation of his Estate from the lyke Inconveniences here- 
after ; And further we doe thinke fitt, that for the Petitioners 
particular Releefe in this Case, he be lycenced to transporte, 
and make sale of his Stock of Cattell, according to his petition 
to such other English Plantations thereaboutes as may be most 
aduantagious vnto him. [p. 307. If 1.] 

[379.] Whitehall, 12 January : 
Bermudas. Whereas a petition was this day presented to the Boord 
in the name of the Governor and Company of London for the 
plantation of the Summer Islands shewing That whereas there 



1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 225 

being lately wrecked upon the Coast of the said Summer Islands 
a small Spanish vessell whose lading was Logwood to the 
quantity of about 100 Tunnes (as they are informed) the same 
hath been recovered out of the Sea by the Governor there 
resident at the greate charge and expence of the said Com- 
pany which said Commodity (as they beleeve) the Governor 
there will lade vpon the shipp or shipps sent by the petitioners 
this yeare for bringing the Crop of Tobacco of those Islands for 
the Port of London, fforasmuch as the Petitioners vnderstand 
that the importation of Logwood is prohibited (whereof they 
conceaue the Governor there is ignoraunt) And for that also 
the Adventurers are bound by ObUgation to bring the said 
Tobacco to the port of London onely in respect of the Customes 
due vpon that Commodity. The petitioners besought their 
Lordshipps, that since it is impossible for them in this Case 
to avoid one of the Inconveniences aforesaid, to graunt them 
Licence for bringing in of the said Wood, and Libertie for 
transportation of the same within 1 2 moneths, and the rather 
for that it fell by such an accident to the Petitioners who other- 
wise would not haue permitted the same to bee done : 
[Their Lordships, in view of the special circumstances, gave 
order accordingly.] lP- 507.] 

[C.S.P. L p. 261.] 



CHARLES I. VOLUME XV. (1 March 1638-29 Dec. 1638.) 
[380.] Whitehall, 14 March : Present : — The Kings most 
Excellent Majesty, Lord Arch Bishopp of Canterbury, Lord 
Keeper, Lord Treasurer, Lord Priuie Seale, Lord Marquis 
Hamilton, Lord Chamberlaine, Earl of Northumberland, 
Earl of Dorsett, Earl of Salsbury, Earl of Holland, Lord 
Cottington, Lord Newburgh, Mr. Treasurer, Mr. Comptroller, 
Mr. Secretary Coke, Mr. Secretary Windebanke. 

His Majesty and the Board, did this day take into Con- Tobacco, 
sideration, the businesse of Tobacco ; And finding, that it will 
bee impossible for those, whose Stock and seruice, his Majesty 

15 



226 ACTS OF THE PETVY COUlSrCIL (COLONIAL). [1638. 

is pleased to commaund, for the Regulating of the Trade of 
Tobaccoe, and increase of his Reuennew by that Commodity ; 
to master so great a worke, without a power to Reduce the 
vast quantities of Tobaccoe, which now are planted vpon euery 
severall plantation, to some reasonable proportion ; and to 
doe diuers other Actes, of as great a consequence for the 
setling of the businesse. And in regard it cannot bee done, 
without treating with the seueraU Marchants, and owners 
liueing here, and in other parts of this Kingdome, who haue 
interrest in the said Plantations. And also, because they, 
who are ingaged in the woorke, haue yet no power to call so 
many seuerall men together, or to treate with them effectually 
in it, for the aduancement of his Majestys seruice, which not- 
withstanding, the time of the yeare requires, to bee done with 
all expedition, and before the Patent cann bee passed ; by 
which they shall haue power to effect it otherwise. It was by 
his Majesty with the aduise of the Board, thought fitt and 
ordered, That all those, whose Stocks and seruice, are 
ymployed in the said Trade, or so many of them, as shall by 
them, bee thought conuenient, shall bee hereby authorised, 
to call before them, all, or so many, as they shall thinke fitt, 
of the Merchants, oweners, and Planters, and Masters of 
Shipping, as haue interrest in the severall Plantations, and are 
here now resident, in or neare about this Citty ; whether 
they bee Inhabitants here, or dwelling in other parts of the 
Kingdome ; To treate with them, about the Regulation, Plant- 
ing, Condition, and makeing vp, and generally, whatsoeuer 
may concerne the quaUytie, quantity, or price of the Tobacco, 
which shall bee brought from the Plantations for the future. 
To doe as much as may bee done here ; to reduce them to 
a reasonable quantity, and more vendible proportion for the 
time to come ; and agree on such a price, as may bee both 
for the good of the Planter, and the aduancement of the 
seruice vndertaken ; To informe themselues, which way, the 
plantations may hereafter bee serued, with those necessary 
Commodities, which they wannt, at such reasonable Rates, 
as may both giue them a better subsistance that way, then 



1638.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 227 

they haue formerly enioyed, and preuent the miseries, which 
heretofore haue fallen vpon them. And generally to treate 
with them, on all such heades, and to informe themselues, in 
all such particulars, as may eyther giue them light, how to 
instruct their Agentes, who shall bee hereafter sent to the 
seuerall Plantations, to treate with such as Inhabite there ; 
or to facillitate the setling of the businesse here ; All which, 
and what els shall bee necessary, for that seruice, they are to 
doe, as Agentes, appointed by his Majesty and this Board, for 
the aduancement of his Majesties seruice, and are authorised 
hereby to that effect. Hereof all persons, whom it may con- 
cerne, are required to take knowledge, and to conforme, and 
gouerne themselues accordingly. [p. 26. ^ 2.] 

[381.] Whitehall, 30 March : 

It was this day ordered for reasons importing the State best New 
knowne vnto theire Lordshipps. That the Lord Treasurer "^ ^^ 
of England shaU take speedy and efEectuaU order, for the 
stay of eight Shipps now on the Riuer of Thames, prepared 
to goe for new England : And shall lykewise giue order for 
the putting on land, of all the Passengers and provisions 
therin intended for that Voyage. [p. 46. ^ 2.] 

[382.] Whitehall, 31 March : 

A Letter directed to the Gouernor of the Barbadoes. Barbados. 
Whereas Mr. Courtine and Mr. Munsey, haue by their humble 
petition, informed the Board ; that Sir William Courteene, the 
father of the one, and Mr. Munsey husband to the other, vsed 
much endeuour, and were at great Charge, for the aduance- 
ment of that Plantation ; and did employ one Capt. Powell 
whom they fournished with monies and prouisions of good 
valew, from time to time, on that behalfe. And that the said 
Capt. Powell, being lately dead, his Executors haue taken 
into their Custody, and possessed themselues of the Estate and 
goodes there, belonging to the petitioners and onely managed 
by the said Powell, in trust for them ; wherein the petitioners, 



228 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638. 

humbly besought the Board for Releefe. Wee vpon Consider- 
ation had thereof, finding the petitioners Case (if it bee such as 
is informed) fitt to bee releeued, Haue thought good hereby, 
to recommend it to your especiall Care, to giue eflectuall order, 
that the petitioners Agentes, may receaue lawfull assistance 
and Countenance in the prosecuting of the recouery of the 
petitioners Goodes and Estate, belonging to them there, as 
you shall find the iustnesse of their Case to deserue ; so that 
others, may not bee discouraged hereafter (by such persons 
as they employ) to further and aduance Plantations, or ; 
workes of Mke kind. [p. 55. T| 1.] 

[383.] Whitehall, 1 April : 

jd-g^ Whereas by order of the 30th of March last, the Lord 

England. Treasurer was prayed and required to giue order for the stay 
of : 8 : Shipps prepared for New-England : fforasmuch as the 
Board was this day informed that there are diverse other 
Shipps bound or prepareing to goe for New-England aforesaid ; 
of which some being allready stayed, It was further ordered, 
by his Majesty with the vnanimous consent of the whole 
Board, That the Lord Treasurer shall bee hereby prayed and 
required to take effectuall order for the stay of all Shipps 
now discovered to bee bound for New-England, or that shall 
hereafter bee discovered to bee prepared or to intend to goe 
thither, vntill further order from the Board : And that his 
Lordshipp cause the Passengers and Provisions to bee put on 
Shoare, as was directed touching the said 8 Shipps. 

[p. 62. 11 2.] 

[384. J Whitehall, 6 April: Present :— The Kings most 
excellent Majestic, Lord Arch Bishop of Canterbury, Lord 
Keeper, Lord Treasurer, Lord Privy Scale, Lord Duke of 
Lenox, Earl Marshall, Earl of Northumberland, Earl of 
Salisbury, Lord Cottington, Lord Newburgh, Mr. Treasurer, 
Mr. Vice Chamberlayne, Mr. Secretary Coke, Mr. Secretary 
Windebanke. 



1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 229 

His Majestie and the Board takeing this day into Con- New 
sideration, the frequent resort to New England, of diverse "^^'^ ' 
persons ill affected, to the Religion established in the Church 
of England, and to the good and peaceable Goverment of this 
State ; However vpon the humble petition of the Marchants, 
Passengers and owners of Shipps now bound for New Eng- 
land, and vpon the reasons by them represented to the Board, 
his Majestie was gratiously pleased, at this time to free them 
from a late restraint, and to sett them at Libertie to proceed 
on in their intended voyage : Nevertheles, his Majesty well 
knowing the factious disposition of the People (for a great 
parte of them) in that Plantation, and how vnfitt and vn- 
worthie they are of any support or Countenance from hence, in 
respect of the great disorders and want of Goverment amongst 
them, whereof sundry and great Complaints haue beene 
presented to the Board, and made appeare to bee true, by those 
that being well affected both for ReUgion and Goverment 
haue suffered much losse in their Estates by the vnruly and 
factious partie, did thinke fitt and order That Mr. Atturney 
Generall shall forthwith draw vpp a Proclamation expresseing 
his Majestys Royall pleasure to prohibite all Marchants, Masters 
and Owners of Shipps from henceforth, to sett forth any shipp 
or Shipps, with Passengers for New England, till they haue 
first obtayned special! Lycence on that behalfe, from such of 
the Lords of his Majestys most honourable Privy CounceU, 
as are appointed for the Businesses of fforraigne Plantations, 
by SpeciaU Commission. [p. 79. ^1.] 

[385.] Whitehall, 6 April : Present : — ^Archbishop of Canter- 
bury, Lord Keeper, Lord Treasurer. 

[■petitions having been presented] in the names of the New 

England. 

Marchants Passengers, Masters and Owners of shipps bound 
for New England, [their Lordships, for the reasons expressed 
therein], as also for other good causes falling within their 
Lordships grave and wise Considerations, . . thought 
fitt and orderea that the said Restraint should bee 
taken off . . . And that for this one voyage, as well 



230 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638. 

the shippa and provisions, as also the passengers thereon 
depending should be cleared and suffered to proceed in their 
intended Journey on such Termes and Conditions only as 
they were formerly subject unto before the time of their late 
restraint and noe other. [p. 86. ^ l.J 



New 
England. 



Virginia. 



[386.] WhitehaU, 10 April : 

A Passe for Nehemiah Bourne of the parish of White 
Chappell White Baker to Travayle into the partes of 
America : with a Clause to the Searchers touching prohibited 
goods. [p. 81. ^ 2.] 

[387.] Whitehall, 17 AprU : 

A Letter to the High Sherriffs and Justices of Dorsettshire 
and Hampshire. Whereas wee are informed of the great and 
secrett abuses committed in that Countie and other the Westerne 
partes, by the Company of New England and such as send 
Commodities thither who vnderhand provyde and secrettly 
transport extraordinary quantities of Wheate, Beanes, Butter 
Beere, Cheese Bacon and Uke Provisions to the great 
preiudice of the Poore thereaboutes, and the inhaunceing of 
the Prices of those Commodities, whereof wee haveing taken 
Consideration, haue thought good hereby, to recommend it 
to your especiaU Care to take notice of the same, and to cause 
diligent Search to bee made for all such provisions as afore- 
said, and that you take view and make stay of all such Com- 
modities of Victuall as shalbee found prepared to bee trans- 
ported, in manner aforesaid ; And to make Certificate to the 
Board, of what quantity and value they are, and to whom 
they doe belong and in the meane time, to stay them in safe 
handes till you receiue further directions from vs. 

[p. 99. ^ 3.] 
[388.] Inner Star Chamber, 4 May. 

Whereas the Planters in Virginea did by their Petition 
represent that having brought such goodes as might furnish 
and supply their occasions at their arrivall here they found 



1G38.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 231 

a prohibition of Trade except to some particuler men, who will 
not giue a price whereby the Petitioners may subsist and pro- 
vide for their necessities here or maintaine their ffamilies in 
Virginea. And therefore besought their Lordshipps that those 
men who are appointed buyers may either giue the same rates 
for the Petitioners Commodities as they gaue for the first 
shipp, or that the Petitioners may bee left to a free trade paying 
his Majestie the same Custome and Impost (Vizt 4d. per pound) 
as formerly they haue done. Their Lordships taking the same 
into consideration did Order that a Coppy of the Petition 
should bee delivered to the Agentes for Tobacco who are to 
consider of the particulars and returne their Answere to the 
same in writing to the Boord betweene this and Wednesday 
next. [p. 164. ^ 2.] 

[C.S.P. I. p. 273.] 

[389.] Whitehall, 10 May : 

A Passe for Thomas Hawkins of White Chappell Carpenter New 
to goe into the parte of America called New England, and to 
take with him his Trunck of AppareU and other necessaries 
with the ordinary Clauses for searching. [p. 184. ^ 2.] 

[C.S.P. I. p. 274.] 

[390.] Greenwich, 12 June : 

A Letter to Sir John Haruey Knight Gouemor of Virginia. Virginia. 
Wee send you inclosed a Petition with an affidavit annexed 
presented by Richard Ell Mariner whereby you will more at 
large perceaue the State of his Case and humble Suite vnto vs ; 
Whereof wee hauing taken consideration, finding that the 
default of planting the landes mentioned in the Petition, 
within the tyme lymited by the Graunt thereof by you made 
vnto him, proceeded from the breach of Trust of one Thomas 
Stegg a Merchant now resident there, vnto whome the 
Petitioners had written and giuen order for building and 
planting vpon the said landes, and had left meanes with him 
there on that behalfe, and that the petitioner being himseKe 
imployed in a voyage to Guiana was inforced to stay abroad 
Aboue a yeare longer then he expected, whereby he could 



232 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638. 



New 
England. 



Tobacco. 



not vnderstand of the neglect of the said Stegg in not 
planting his said landes according to the order giuen him as 
aforesaid ; [the time is therefore to be extended for three 
years.] Ip- 265. ^ 1.] 

[391. J Whitehall, 27 June : 

Vpon readinge of a Certificate returned to their Lordships 

from the Sub Committees for forraigne Plantations, vnto 

whom their Lordships had formerhe referred the heareinge 

and examininge of the Complaints made by John Michell a 

Minister and divers other poore people conceminge certaine 

moneys due vnto them from Sir fferdinando Gorges Knight vpon 

his adventures to Laconia and vpon readinge of a former 

Certificate made in the busines by Sir John Wolstonhoimo, 

and Sir Abraham Dawes, who had by order from their Lordships 

examined the Bookes and accompts of the Adventures to 

Laconia concerninge the same ; fEorasmuch as it appeared 

by the said Certificates that there are moneys in arreare and 

due from Sir fEardinando Gorges vpon his said Adventures 

which ought to goe to the satisfaction of the poore petitioners 

and without which they could not be satisfied. It was there- 

vpon thought fitt and ordered that the said Sir fEardinando 

Gorges should be required and enioyned forthwith vpon sight 

hereof, to make payment of the said Arrears, vnto the Clark 

of the Councell Attendant, appearinge by Certificate vnder 

the hand of Thomas Ayres Clarke and Register to the said 

Adventurers to be 254:1. (whereof the said S' fEardinando 

Gorges hath payd onlie 101.) which money is to be distributed 

and payd vnto the said poore people proporcionabhe accordinge 

to the several! somes due vnto every of them respectiuely. 

[p. 300. last %] 
[392.] Ibid. 

[Resistance having been made in the Coimty of Gloucester 
in a riotous and tumultuous manner to the destruction of 
Enghsh tobacco, the Justices of the Peace of the County are 
sharply reprimanded, and urged not again to be remiss.] 

[p. 308. II 1.] 



1638.] ACTS OP THE PR^VY COUNCIL (COLONIAL). 233 

[393.] Whitehall, 20 July : 

Vpon the humble Petition of WiUiam Piers Master of the New 
shippe called the Desire Shewing that the Petitioner with ^°^'^'^' 
diverse others inhabiting in New England, did lately arryve 
in the Port of London in the said shippe being wholy built 
in New England, whither the said Master doth nowe desire to 
retorne in the same, and did therefore desire the leave of the 
Board according to his Majestyes late Proclamation, and to 
transport such Passingers and their necessary provisions of 
Howshold, as by true Certificate shalbe qualified according 
to the Tenor of his Majestyes former Proclamation : [leave 
is accordingly given] Provided that the said Certificates 
of the Passingers be first brought to the Clarke of the 
Councell attendant, to be by him allowed, and that they 
doe transport noe other Passingers or Provisions but such as 
shalbe soe allowed. [p. 341. f 2.] 

[394.] Theobalds, 22 July : 

A Letter to the Governor and Coimcell of Virginia. Whereas 
a petition was preferred vnto vs by Captaine Samuell Mathewes 
complayning of the vniust Seasure and Sequestration of his 
whole Estate in Virginia in his absence by Order from you 
the Governor, which petition wee did referre to the Sub Com- 
mittee appointed by vs, whoe haue made a Report vnto vs 
therevpon, a Copie of which petition and Report wee send 
you lykewise here inclosed. Wee haue thought fitt and ordered 
for the reasons expressed in the said Certificate, And doe 
accordingly hereby will and require you without any delay 
or Excuse whatsoeuer to cause our former Letters of the 
25th of May. 1637. to be duely performed and putt in 
Execution And that you cause aU and every the Servauntes 
Cattle and goodes whatsoeuer of the said Captaine Mathewes, 
which haue at any time since his comming thence, bene taken 
out of the Custody of any the persons, with whome hee 
entrusted or left his Estate, to be immediatly vpon the Receipt 
hereof entyrely restored backe vnto Thomas Bernard, and 
Humphry Uoyd gentleman resident there, or either of them, 



234 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1638. 

together with all such Encrease wages and advantages, as 
haue arysen and resulted from any of them in the meane time, 
And in Case Thomas Hill mentioned in the said Certificate 
shall vpon the administration sued forth here out of the Pre- 
rogatiue Court, procure any Order or Decree against the said 
Captaine Mathewes from Sir Henrie Martin, judge of that 
Court, to whome wee haue referred that Cause as most proper 
for him, Wee haue given direction to the Clarcke of the Councell 
now attending to take sufficient Bond of the said Captaine 
Mathewes with Security to make good and satisfy any such 
Order or Decree, which shalbe made by vs or any other to 
whome wee shall referre it, vpon Complaint to be made here 
by any other person against him the said Captaine Mathewes, 
whiles he shall remayne here in England by our Commaund 
and direction : Hereof you may not fayle : [p. 343. last ^.] 

[395.] Theobalds, 22 July : 

Virginia. -^ Letter to the Governor of Virginia. Whereas this petition 

enclosed was presented vnto vs by Ambrose Harmar an In- 
habitant of Virginia concerning the Custody of an Ideott Sonne 
of Richard Bucke Minister, graunted vnto him by his Majesty, 
and afterwardes assigned to him by a Commission out of the 
Court of wardes, whereof he complayneth that he cannot enioy 
the fruict, in regard you doe deteyne the said Com- 
mission, and pretend a power in your selfe to dispose of 
the Ideot by vertue of your owne Commission : And whereas 
there hath bene presented vnto vs a Certificate vnder the 
handes of his Majestys Attorney generall and his Attomye 
of the Court of Wiardes declaring their opinions, that the 
Custody of any Ideot in Virginia belongeth to his Majesty, 
and is in his dispose according to the Lawes of this Kingdome, 
a Copy of which Certificate we haue likewise sent you : Wee 
haue therefore thought fitt to pray and require you, without 
all further delay or excuse, to giue order that the said 
Harmar may haue the tuition of the said Ideot and his Estate, 
And that Mr. Rich. Kempe may render him a iust accompt of 
the estate of the said Ideot any way come to his handes, and 



1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 235 

« 
deliver the same over into the handes of the said Harmar, 

whereof you may not fayle. [p. 344.] 

[396.] WhitehaU, 27 July : 

A Letter to the Governor and Councell of Virginia. Virginia. 
Whereas a petition was moved at the Board on the behalfe 
of John Woodcoeke of London Merchant, who having adven- 
tured the greatest part of his estate into Virginia is in danger 
to loose the same by reason that his fEactors, as likewise diverse 
of his debtors are dead. [You are enjoined to aid him and 
his agents in every way.] And to this wee are the rather 
induced, because wee understand that Mr. Secretary Coke 
having heretofore written to you the Governor to this pur- 
pose. Not only there was nothing effected for the Releife of 
the poore man, but you did not soe much as give an Aunswere 
to Mr. Secretary. [p. 348. ^ 3.] 

[[C.S.P. L p. 281.] 

[397.] Oatlands, 27 July: 

A letter directed to the Gouernor and Counsell of Virginea. Virginia. 
Wee send you inclosed a petition presented to this Board 
in the name of Lawrence Evans Marchant Complayning of 
a great and foule abuses donne vnto him by one ffrancis 
Poetris resident in Virginea which by the said petition you 
may att large perceave fforasmuch as the matters in the said 
petition complayned of yf the allegations therein vpon 
examination shall appeare to bee true seemeth to vs to bee very 
fowle and iniurious [the matter is to be examined, and if 
the truth of the petition shall appear, the Governor and 
Council are ordered] to afforde him your best helpe and 
assistance for the recovery of his goodes and debtes vniustly 
deteyned by the said Poetris, and to take order that his 
BiUs of debt mentioned in the said petition may bee re- 
delivered and his fEactors not molested for the tyme to come 
by the said Poetris. [p. 357. If 1.] 

[398.] Oatlands, 29 July : 

A Letter directed to the Gouernor and Counsell of Virginea. Virginia. 
Whereas two petitions were presented vnto vs, in the name 



236 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638. 

* 

of the Planters and Traders to Virginia, complayning of some 
restraintes and Impositions lately putt vpon them by you the 
Gouernor there, which petitions wee did referre to the Sub 
committee for fEoraigne Plantations who made Certifficatt vnto 
vs therevpon, which Certifficatt wee doe well approve of, The 
copies of which petitions and Certifficatt wee send here inclosed 
Wee have therefore thought fitt hereby to pray and require 
you the Gouernor and Counsell there to deale with such 
particular fit persons, who for the profitt, and benifitt which 
they may reape thereby ; may bee induced to build Storehouses 
for receite of the Marchantes and Planters goodes, and when 
that is donne wee shall like very well that you shall order 
aU Marchantes, Planters Masters and owners of Shipps to vnlade 
all their goodes att James Towne, and not before, bycause it 
may otherwise turne to the ruine of the Traders and spoile 
of their goodes, and in the meane tyme wee pray and require 
you to permitt them to land their goodes in such places as 
shalbee for their owne convenience. And whereas there hath 
been taken a Proportion of Powder and A munition of every 
Ship that commeth into that Country wee like very weU that 
the same should stiU bee continewed bycause there may bee 
good vse made thereof for the provision and defence of the 
Country, but withaU wee pray and require you to sende vs 
a particular accounte thereof for three yeares last past how 
the same hath been ymployed, and what provision thereof 
remayneth and in what places As for the six pence taken of 
every person coming thither and two pence of every hogshead 
of Tobacco being exacted in SterUng money not there to bee 
had without extreame difficulty and inconvenience as by the 
said Certifficatt appeareth Wee doe pray and require you 
to suspend the taking thereof vntil vpon your aunswere to 
the said petitions, wee shall give further order therein 
Prouided nevertheless that the owners or Masters of Shipps 
doe give Bond for payment thereof, if vpon your aunswere 
wee shall order the same to bee paid, and generally wee doe 
recommend vnto you to see the said Certifficatt observed and 
exequuted. ^ 356.] 



1638.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 237 

[399.] WhitehaU, 31 July: 

A letter directed to the Governor and Counsell of Virginea. Virginia 
Whereas John Woodall an antient Planter in Virginea hath 
declared vnto vs by his humble petition the good and redy 
Justice in his personall estate,, which he hath receaved from 
you vpon our former letters to you on his behalfe, and hath 
further shewed vnto vs, that there is a division of Land 
belonging to him as well in reguard of the Estate of Sir 
Samuel Argall which he purchased as in respect of his owne 
adventure being a thousand pounds laid out many yeares 
since. Wee have thought fitt to pray and require you to 
assigne him out such a proportion of land as belongeth to him 
of right in the foresaid reguards and to pass the same to him 
by Pattent or such other way as is accustomed there and fitt 
for the condition of that place. [p. 358. last ^.] 

[400.] Ibid. 

[A letter to the Governor and Council of Virginia, recites Virginia 
the former order concerning William Pierce] to the end the 
said WiUiam Peirse behaving himselfe peaceablie, may have 
libertie without trouble or molestation to follow his affaires 
there, and to returne againe for England according to the 
tyme prefixed for his attendance in the Starr Chamber here. 

[p. 366. 1| 1. repeated p. 373 ^ 2.] 

[401.] Oatlands, 5 August: 

Whereas an humble Petition was presented to the Board Virginia 
in the name of the Masters and owners of the Shippe called the 
True Love of London, Shewing, That they had fully fraighted 
the said Shippe both with Passengers and goodes to bee 
transported for Virginia and ready to putt to Sea. And 
therefore humbly desired theire Lordshipps to giue the hke 
order for the Cleareing of theire Shippe, Menne, and goodes, 
as was given for those other Shipps lately gon to Virginia, 
Theire Lordshipps vpon consideration had thereof, doe 
accordingly hereby pray the Lord Treasurer, to giue the Hke 



238 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638. 

order for the cleareing of this Shippe, as hee lately did for the 
Shipps, the Rebecca, the Globe, and the Honor of London. 

[p. 368. last %] 

[402.] Oatlands, 5 August: 
Virginia. [A Similar order is given in reply to the petition of] 

Thomas Jennings, John ffarrington, John Bradley and others 
Marchantes, Shewing that they are prepareing and lading 
three Shipps to goe for Virginia, vizt : The ffreindshippe 
whereof Leonard Betts is Master The George whereof Patrick, 
Canada is Master and the John and Barbara whereof John 
Barker is Master furnished with provisions of Bedding, Lynnen) 
Wollen, Shoes, Candles, Stockins, Apparrell, Powder, Shott, 
Butter, Cheese and divers other necessaryes for theire Plans 
tations theire ; which Shipps will bee very shortly ready to 
putt to Sea. [p. 369. ^1.] 

[403.] Ibid. 

Virginia. Vpon an humble representation and Petition heretofore 

made by the Commissioners for the plantation of Virginia 

authorised by a Commission of the 27th of June Anno : 

and this day read att the Board (his Majestie being present — 
These Articles following were agreed vpon for the future 
gouernement and ordering of the said Plantation. 

1. ffirst. That a Commission bee granted vnder the greats 
Seale of England to a President and Twenty fower Councellor 

to bee nominated by his Majestie and to bee made members of 
the said Company, and to reside in or about London, for the 
gouerneing and manageing of the affaires of the said Plantation 
of Virginia. 

2. That the said President and Councell may haue power 
to giue Instructions for the gouernement in generall of the 
Plantation vnto the Governor, Councell and Mayne Body of 
the people in Virginia, which said Instructions being trans- 
mitted thither the Governor, and Councell there are to see 
forthwith without dispute or suspension to bee duely 
executed. 



1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 239 

3. That the said President and CounceU, shall haue power 
also to receiue, heare, and determine, all Complaints and con- 
trouersies aryseing amongst the Planters, and which shall bee 
brought before them, and likewise all differences growing att 
any time betweene the Adventures and Planters liveing 
here, and those liveing in Virginia : or any of them. 

4. That the President and Councell shall haue power to 
elect inferior Officers, to appoint fforts to bee erected, to con- 
signe the Planters to such places of habitation, and planting 
themselves in, as shall bee most convenient for mutuall defence 
and their security, to dispose of the Planters, to applye them- 
selues to improvement of such seueraU sorts of Staple 
Comodyties, as the said President and Councell shaU direct. 

5. That all the said powers, and authorityes granted to 
the said President and Councell, bee noe otherwise but vnder 
the Correction, and reformation of his Majesties sacred 
parson, and of his privy Councell, and particularly of the 
Lords and others Commissioners for forraigne Plantations, vpon 
Appeale or other information. 

6. That the Governor and CounceU hereafter constituted 
to bee resident in Virginia, shall bee nominated by his Majestic 
vpon his owne knowledge of theyre abihtye, or vpon recom- 
mendation of the said President and CounceU here. 

7. That the said Gouernor and Councell resident in Vir- 
ginia, may bee enabled to make Ordinances and Constitutions 
for the better Reglement of the affaires of the Colony, which 
shalbe of force tiU such time as the said President and CounceU 
here shaU signifie, that they haue declared them void. 

8. That the Governor, Councell, and Planters, resident there 
att theire generall assemblyes may haue power of propounding 
and makeing lawes, which lawes are to bee correspondent 
to the lawes of England and but Probationers onely, tiU con- 
firmed here. 

9. That a new Charter bee granted for incorporateing 
a Companie of Adventures for this Plantation, whereof the 
Adventures in Virginia to bee members, and thereby they 



240 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1638. 

may haue granted, confirmed, and restored, vnto them all 
such rights, goods, libertyes, and priviledges whatsoever, 
att any time heretofore granted vnto the late Companie : 
Saveing to his Majestic the supreame and Regall power of 
govemement, The which Charter of Incorporation of the 
said Companie. shall likewise conteyne the Constitution of the 
aforesaid President and CounseU, according to the former 
Article, that both of them may ioyntly passe vnder the same 
Scale. 

10. That by this new Charter of Incorporation, the said 
Companie may haue eranted vnto them the auncient 
Terrytories, Lands and Islands of and belonging to Virginia 
in as ample manner as the same were bounded and granted 
vnto the late Companie, by all or anye the seuerall grants or 
Letters Pattents whatsoever, of his Majesties late Royall 
ffather King James of blessed memory : Excepting the Pro- 
vince of Carolana, heretofore granted to Sir Robert Heath 
and lately with the Kings approbation, assigned by the said 
Sir Robert Heath to the Lord Maltravers : And excepting also 
the Province of Maryland, granted by his Majestie to the Lord 
Baltemore and all the Islands to the said seueraU" Provinces 
aforesaid belonging, ffor itt is not intended that eyther of 
the said grants, to the said Lord Maltravers, or Lord Balte- 
more, of the said seuerall Provinces aforesaid, should by this 
new Commission for a President and Councell and Charter of 
Incorporation for Virginia, bee any waye impeached or 
infringed, eyther in the Interest of soyle, in the Royaltyes, 
immunities, govemement, and Jurisdiction, in and vpon the 
Land and waters of the said severall Provinces, or in any other 
thinge whatsoever conteyned in the said severaU grants, and 
by virtue thereof belonging to the said Lord Maltravers or 
Lord Baltemore. And therefore such clauses are to bee 
inserted in this new Commission and Charter aforesaid, (for 
the prevention of any future question or preiudice to the said 
Lord Maltravers and Lord Baltemore, and for the preservation 
and confirming of theire said severall Interests and Juris- 
dictions and other rights aforesaid) as shall bee reasonably 



1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 241 

desired by theire Councell learned in the Law. who are there- 
fore for that purpose to pervse the Commission and Charter 
aforesaid, before itt bee prepared for his Majesties Signature. 

11. That in legard the Conduct of these affaires will 
require the Care and industry of divers able and trusty Officers, 
and Ministers, His Majestie is pleased to allow vnto them such 
Annuall pension, or reward to bee issued out of his Customes 
of Virginia, as shall bee thought fitt by his Majestie for their 
better encouragement and support in the execution of theire 
severaU places. 

12. Lastly, Whereas there may bee some things to be 
inserted in these new Letters Pattents, which may fall out to 
bee different from the former Pattents and cannot bee so 
suddenly determined of, His Majestie is pleased to authorise 
the said Commissioners who made this representation or some 
of them, to conferre with his Attorney generall, for the recon- 
cileing and perfecting of the same, and for the making of such 
further additions and alterations as shall bee thought fitt and 
convenient for the said governement, to bee brought afterwards 
to the Councell Board, or to the Lords Commissioners for 
forraigne Plantations, to bee by them pervsed and approved 
of. All which seuerall Articles being agreed and resolved his 
Majesties Attorney generall is prayed and required to prepare 
a booke for his Majesties Signature according to the same. 

[pp. 377-379.] 

[404.] Oatlands, 19 August : 

A Letter directed to the Earle of Dorsett Governor of the Bermudas. 
Company of the Summer Islands : Whereas itt is observed 
that such Ministers, who are vnconformable to the discipline 
and Ceremonyes of the Church here, haue and doe frequently 
transport themselves vnto the Sommer Islands and other his 
Majesties plantations abroad, where they take libertye to 
nourish and preserve theire factious and Schismaticall humors 
to the seduceing aod abuse of his Majesties Subiects, and the 
hindrance of that good conformitye and v^nitye in the Church, 
which his Majestie is carefull and desirous to establish 

16 



242 ACTS OF THE PRIVY COUNCIL (COLOISTIAL). [1638. 

throughout his Dominions : Wee are therefore in his Majesties 
name, and by his expresse Commaund hereby to pray and 
require your Lordshipp to take a present and strickt order 
that noe Clergie men bee from henceforth suffered to goe over 
into the Sommer Islands, but such only as shall haue appro- 
bation in that behalfe, from our very good Lords the Lord 
Arch Bishopp of Canterbury his grace, and the Lord Bishopp 
of London. And that for all such of them as are already 
gon thither without such approbation, that you cause them 
forthwith to be remanded back hither. And so expecting 
a good Account hereof from your Lordshipp : Wee bidd you 
very hartily farewell. [p. 393. ^ 2.] 

[405.] Oatlands, 19 August : 
West Indies. Whereas, this day his Majestie sitting in CounseU, Itt was 
humbly shewed by the Petition of Henley, PhiUipps, Polhill, 
and theire partners, that they since his Majesties graunt 
vnto them of Letters of ReprisaU, against the Lords the States 
of the vnited Provinces, or theire Subiects, haueing armed 
Shipps to Sea accordingly, and being att the Monthlye Charge 
of 8501. had made prise of a Shipp laden with goods and 
Marchandises, belonging to the West India Companie, of the 
said vnited Provinces, and repared to his Majesties Court of 
Admiraltye, trusting that they might proceede in a legall 
waye to obtaine execution vpon the said Shipp and goods 
according as is vsually allowed to others in cases of the same 
nature, But that they had bin denyed the Common course of 
Justice there vntill his Majesties further pleasure were knowen 
concerning them, ffor which cause they humbly prayed that 
itt might please his Majestie to declare and order, that in the 
particular of the foresaid Shipp by them taken, they might 

their legall proceeding in his Majesties said Court 

of Admiraltye like as others haue donne, where the question 
hath layen against the ffrench Kinge and Kinge of Spaine, 
or theire Subiects, respectiuely. Itt was therevpon by his 
Majestie with advice of the Board ordered that the foresaid 
humble suite, and desire of the Petitioners shall bee taken 



1638.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 243 

into consideration by Sir Henry Martin Knight Judge of his 
Majesties said Court of Admiraltye, [who is to examine 
into the matter with all speed, after requesting the Ambassador 
of the United Provinces to attend, and to make report to his 
Majesty]. [p. 395. ^ 2.] 

[406.] Hampton Court, 30 September : 

Whereas his Majestic hath been graciously pleased to referre West indies, 
to this Boord the consideration of the severall petitions of 
George Henley and Nicholas Polhill, touching a Complaint 
made against them by the Dutch West India Company. 
Their Lordships have appointed to heare that busines upon 
Wednesday the 10th of October at two of the Clock in the 
afternoone at their Lordships sitting in Councell in the Inner 
Starrchamber, when as well the saide Petitioners as the 
solUcitor for the said West India Company of Holland are to 
attende their Lordships with their Councell if they desire it. 

[p. 439. If 1.] 
[C.S.P. Domestic, 1638-9. p. 38.] 

[407.] Inner Star Chamber, 10 October : 

This day vpon the humble Petitions of Nicholas Polehill West indies 
George Henley and Augustine Philips referred by his Majestie 
to the Board ; The Complaint depending concerning the Arrest 
lately made by the Petitioners by vertue of Letters of Reprizall 
of a Shipp called the Golden Wolfe belonging to the West India 
Companie of Holland, was fully debated all parties being heard 
with theire learned Counsell, At which hearing howeuer nothing 
materiall in theire Lordshipps Judgments was produced or 
prooued to impeach the said Letters of Reprizall either as 
vnduely obtaind or vnduely executed, Yet in regard somme 
matters of fact which may fall out to be considerable (if they 
be prooued) were now offred and insisted on by the Counsell 
on th'other side ; Theire Lordshipps therevpon, and in con- 
sideration of the dayly expence and Charge the petitioners 
sustaine, and of the hazard of such goods as are of a 
perishable nature by delay of Proceedings, did thinke fitt and 



244 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1638. 

order that the Cause should be entirely and without preiudice 
to either parte left to a legall Proceeding in the high Court 
of Admiralty ; Praying and Requiring Sir Henry Martine 
Knight Judge of that Court to cause the Proceedings therein 
to be with all expedite Justice. [p. 491. ^ 1.] 

[408.] Whitehall, 21 October : 
West Indies. . . . fforasmuch as Sir Henry Marten • . . . did now 
humbly represent to the Board his majestic being present in 
Counsell, That in regard the said West India Company of 
Holland doe pretend a Priviledge (against letters of Reprisall) to 
bee graunted vnto them by an Acte of State made the 5th of 
September Anno 1627* that therefore he could not proceede 
to expedite the said Cause vntill his Majestic should bee 
pleased in that point to declare, how farr the said Acte is to 
bee extended. His Majestic vpon Aduise and Debate thereof 
hadd with his Counsell did Resolue and declare that the said 
Acte of State giues noe such Priviledge and exemption. 

[p. 505. TJ 1.] 

[409.] Inner Star Chamber, 24 October : 

Virginia. [The Complaint of John WoodhaU, surgeon, against Captain 

Samuel Mathews having been argued before the Board by 
counsel, it is referred to the Sub-Committee for foreign plan- 
tations, to investigate and report.] [p. 508. ^ 3.] 

[410.] Inner Star Chamber, 29 November : 
Virginia. A Letter directed to the Governor and Councell of Virginea, 

or to the Governor and Councell for the tyme being. 
[Recapitulates the letter of 22 July, 1638, and proceeds:] 
fforasmuch as John Woodall an Antient Planter there 
hath now by petition humbly represented vnto vs, That 
by an orderly proceeding and Tryall, before you the 
Governor and CounceU there in a Cause wherein he was 
plaintif against the said Captain Mathewes defendant 

* See C.S.P. Domestic, 1627—8 p. 323. 



1638.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 245 

Certaine goods, and Cattoll in question were adiudged vnto 
him the said WoodaU on the third day of March 1 636 as appeares 
by the Coppie of the Sentence, and Aote of Councell there now 
shewed vnto vs, and therefore humbly prayed that his 
Agents being according to the said Sentence and Judgment 
putt in possession of the said goods and Cattell might quietly 
enioy th.e same without disturbance of the said Mathewes or 
any Clayming vnder him. Vpon consideration of the premises 
and vpon hearing the further Allegations of both parties now 
present before the Boord, and also in reguard it appeares by 
Certifficatt from you, that the said Captain Mathewes was 
required by you to leave an Agent in his absence authorized 
to prosecute and make his defence. And for that it is Confi- 
dently affirmed by the said WoodaU, that the said Captain 
Mathewes did accordingly authorize one Maior to bee his 
Agent there, and to prosecute and defend the said Cause in his 
absence. Wee have therefore thought good hereby to lett 
you know that the directions given in our foresaid letters of 
the 25th of May 1637 and of 22th of July last, are not att all 
to bee extended or applyed to the foresaid Cause betweene 
WoodaU and Mathewes But wee doe thinke fitt and require 
that you Cause all the Goods and Cattell adiudged to the said 
WoodaU as aforesaid to bee restored and continewed in the 
possession of his Agents there The rather for that it is ordered 
that the said WoodaU shall enter into sufficient Bond here to 
bee aunswerable for the valew of the said goods and Cattell 
in Case the same shaU hereafter happen vpon any proceeding 
or Tryall directed by this Board to bee adiudged against him. 
And wee doe Kkewise thinke fitt, and accordingly require you 
duly to Informe your selves, and make Certifficatt vnto vs of 
the true state of the said Cause, and the proceedings had there- 
vpon And in particular whether the same were Commensed 
before, or after the said Mathewes his Coming away for Eng- 
land, And whether hee did leave "any Agent Authorized to 
foUow, and defend the said Cause in his absence Lastly wee 
doe (as by some former letters wee have done already) recom- 
mend vnto you the Care of the said Woodalls Estate there that 
he may not by his Agents or Servants bee abused or wronged 



246 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638. 

soe farr as it shalbee in your power to prevent the same, or 
to give him releife vpon any iust Complainte. 

[p. 568. U 2.] 

[4n.] Inner Star Chamber, 30 November: 

Virginia. A Letter to the present Governor and Councell of Virginea, 

and to the Governor and Councell there for the time being. 
Whereas a petition was this day presented to the Board in the 
name of Thomas CoveU of the Citty of London, Shewing that 
for thirty yeares past the Petitioner hath bene an Adventurer 
to Virginia and that about the year 1623 he began to setle a 
plantation there, and soe continued for about 14 yeares sending 
over thither yearly good Supplies vntill the yeare . 1636 . when 
vpon the death of one Thomas Kaynton (factor there for the 
Petitioner, the said Kayntons widow was maryed to one 
Thomas Loving then in those partes, whoe (as in the said peti- 
tion is alleadged) vpon the said mariage possessed himselfe of 
all the Petitioners estate there to a great value, as by the petition 
herewith sent you wiU at large perceue : Wee being very 
sensible of the great danger and hazard, that may ensue to 
the Petitioners estate in Case the said Loving should through 
his ill husbandry wast or embezill the same to the Petitioners 
wrong and prejudice : Haue thought fitt to recommend this 
matter to your particuler and especiaU Care. To th'end that 
sufficient Security may be taking of the said Loving without 
delay upon Receipt hereof for the making good of the 
Petitioners said plantation, goodes and Servauntes with the 
profitts thereof since they first came into his handes And 
to take such further Course therein, that the Petitioner here 
may haue such satisfaction from him for soe much as the 
Petitioner shall make appeare to be due vnto him, as shalbe 
iust and agreeable to equity. [p. 572. last ^.] 



1639.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 247 

CHARLES I. VOLUME XVI. (4 Jan. 1639-30 Oct. 1639.) 

[412.J Whitehall, 4 January : 

Vpon an humble Petition this day presented to this Plantation 
Boord in the name of the Owners of the Ship the Elizabeth 
of London Shewing that they haue of late yeares imployed 
the said Shipp to New England, Newfoundland and Spaine, 
and haue thereby brought home such goods for returnes as 
haue yeelded his Majestic much Custome yearly, And there- 
fore besought their Lordshipps to grannt Licence, that the 
said Shipp may passe to New England with Goodes Cattell 
and such passengers as shall bring such Certificates as are 
required by his Majestys Proclamation in that behalfe. 
Their Lordshipps thought good to referre the said Petition 
to the Sub Committee appointed for forraigne Plantations 
[for examination and report]. [p. 9. last ^.] 

[C.S.P. L p. 286.] 
[413.] Ibid. 

Whereas a Petition was this day presented to this Boord New 
in the name of Walter Barret and Walter Sandy and Com- 
pany of the Citty of BristoU Merchants Shewing that they 
haue by themselves and their fireinds disbursed great charges 
for many yeares in setling of a Plantation in New England, 
which Plantation was by them begun long before such mul- 
titudes of People were sent as now are planted there, That 
those whome the said Petitioners haue there already and all 
such as they intend now to send are regular people, and neither 
factious or various in Religion, but conformable to his 
Majestic and the Lawes of the Church of England That 
their Plantation is apart from all others and hath noe 
relation to them. That they desire now to send 180 persons to 
provide and gather vp in that Countrey a sufficient quantity 
of Victualls for furnishing of such Shipps and men as the 
Petitioners intend to keepe and imploy in a ffishing Trade 
vpon that Coast all the yeare, ffor which workes it hath ever 
been permitted to export Provisions from hence ; That the 
Petitioners haue built and prepared two shipps for that 



Trade. 



248 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 

purpose onely, And vnlesse they may haue leave to proceed, 
not onely their Estates and livehhood, but that Trade of 
ffishing will come to ruine. Wherefore they besought their 
Lordshipps to give them leave and Warrant speedily to pro- 
ceed in their Voyage for perfecting the said ffishing Plantation 
which may prove a good imployment for Shipps and increase 
of Seamen, And that the Maior and some Aldermen of the 
Citty of Bristoll might bee appointed to viewe the Passengers 
tp bee imbarqued and to dismisse such of them as shalbee 
found vnfit. Their Lordshipps after due consideration of 
the said Allegations did thinke fit to referre the same to the 
Sub Committee appointed for forraigne Plantations [for 
examination and report]. [p. 10.] 

[C.S.P. L p. 286.] 

[414.] Whitehall, 11 January : 

Plantation Whereas the Merchants trading to Spaine Portugall the 
Straights &c did this day humbly represent that the pro- 
hibiting of Ships by Proclamation to goe for New England 
without speciall Warrant was a foundation to deprive the 
Kingdome of much Trade, the importation of much money, 
his Majestic of much Custome and many Ships and Seamen 
of Imployment. And therefore humbly besought the Boord 
to grannt them Liberty to send their Shipping intended for 
Newfoundland and other places, and that by the way they 
may take in such helpe of fraight by Passengers and Goodes 
for New England as shalbee presented to them, that soe his 
Majestys Customes Navigation and Merchants may bee 
cherished and increased. Their Lordshipps vpon Debate 
and consideration of the premisses did declare. That for all 
those Ships that are ready to take ffraight for the imployment 
aswell for Newfoundland Spaine Portugall the Straights &c 
as for New England, their Lordshipps are content to giue 
way And doe Order that all the said Shipps now in such 
readinesse bee permitted to depart and take their Passengers 
with them without any Let or hinderance, but as concerning 
the Goodes and provisions they are to carry that is wholly 



1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 249 

referred to the Lord Treasurer who is prayed to give such 
direction therein as his Lordshipp shall conceave to bee best 
for his Majestys Service. And their Lordships did further 
declare that when there shalbee other Shipps ready for the 
like imployment to those parts vpon the Petition of the 
Owners of them, their Lordships wilbee ready to give the like 
sufferance for their proceeding in the like wayes, if there 
shalbee good cause shewen to the Boord for it. [p. 22. last ^.] 

[C.S.P. I. p. 287.] 

[415.] Whitehall, 17 February : 

Whereas by seuerall late Proclamations published on that Tobacco, 
behalfe all Tobacco whatsoeuer was directed to bee brought 
into the Port of London, and restrayne the landing of the 
same in any other Portes of this Kingdome or Dominion of 
Wales fEorasmuch as diuers Inconveniences arysing by the 
said Restraint were this day presented in wryting to the 
Board by the ffarmers of his Majestys Customes, which 
followeth in hsec verba. 

The ffarmers of his Majesties Customes and Imposts fynd, 
that the restriction of bringing Tobacco shipps, directly to 
the Porte of London, turnes to very many inconveniences 
and losse to them, for notwithstanding that vpon pretences 
of Distress of Weather or other occasion, the Masters make 
to some other of the Out portes. And the Officers not pre- 
suming to take any entry, or land their Tobacco without 
Order, In the meane while the shipps Company doe steale 
night and day notwithstanding aU the Watch the Officers 
and ffarmers Deputies can doe, That thereby the ffarmers 
receiue excessiue losse in their particulars As also the Lycences 
are likely to bee vndone by the secrett serving of the 
Country by theise practises Wherefore the ffarmers fynding, 
that in some principall Portes diuers shipps doe Attend that 
Trade, and the Aduenturers there Resident, And the Com- 
pany rather then to Come to London will pretend many 
excuses and reasons to make to any of those Portes being 
all dwellers in some or neare of them. 



250 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 

Doe humbly pray that there may bee a warrant to giue 
way to the landing of the same Tobacco, that shall come in 
as afEoresaid at some Certaine Ports Westward, where indeede 
they most vsually putt in and dwell as afforesaid, and noe 
other which are, Plymouth, Dartmouth, BristoU and 
Southampton, which they Conceiue will encourage their 
honnest proceedings and noe doubt bee a meanes of 
avoyding all theise indirect practizes which their necessities 
seemed to inforce vpon them that are inclyned to take hould 
of any thing to deceiue his Majestie. And this libertie to 
bee giuen till there shalbe thought more reason to alter the 
same. 

Vpon Consideration hadd thereof his Majestie being present 
in Counsell [the desired liberty is given] to Contynew vntill 
the Lord Treasurer shall fynd cause to the Contrary.* 

[p. 101. H 2.] 

[416.J Whitehall, 22 February : 
Sir F Gorges This day Sir fferdinando Gorge being called before the Board, 
to shewe Cause why hee opposed, the Order of the 11th of 
October last Affirmed by Mr. Meautys Clerke of the Counsell 
before the Sub-Comittee for fforraine Plantations to bee 
the Order of the Board. And why hee exhibited a different 
Order of his owne drawing. Confidently affirming the same, 
and denying the other, to bee the Order of the Board. 
Thire Lordshipps disliking and reproving the peremtory 
Cariage of the said Sir fferdinando Gorge therein. Did now 
againe Ratifye and Confirme their foresaid Order, and did 
require the said Sub comittee to proceede in the Examination 
of the buisines accordingly, which Order ffoUoweth in hsec 
verba. Whereas it was objected by Sir fferdinando Gorge, 
that his promise whereby he is Charged with the ,4jreare 
Complained of to bee due from him, did only looke forward 
to such Shipps as should bee sett out, and voyages made 
after his said promise bearing date in June 1632 and not to 

* In an order of 17 March, 1639, dealing chiefly with the retailing of 
tobacco, London is again made the sole port of importation " unless by dis- 
pensation from the Lord Treasurer directions bee given to the contrary." 



1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 251 

the Shipps sett out, and voyages mentioned in the Certifficate 
of Sir John Wolstenholme and Abraham Dawes which were 
before the date of the said promise. Their lordshipps doe 
therefore Referr it againe to the Sub comittee, to examine 
and Certiffy whether his said promise did relate to the 
Shipps ana Voyages sett out, before or after or to both. 

[p. 107. la.it ^.] 
[417.] Whitehall, 17 March : 

[The petition of the merchants and passengers of the ship Virginia. 
Elizabeth of London, who ask aid from his Majesty in 
obtaining restitution, because] Eleaven Sayle of Spanish 
shippes part of the ffleet surprized and tooke the shippe 
Elizabeth from the petitioners in October 1637 in her course 
upon a trading voyage for Virginia and carryed her and all 
that was in her into Spaine, and there deteyneth her, [is 
referred to Lord Aston, late Ambassador to Spain, to 
explain upon what grounds the Spanish fleet did surprise 
the petitioners].* [p. 169. ]f 1.] 

[418.] Whitehall, 20 March : 

[In the case between Sir F. Gorges and Captain John Sir F. Gorges. 
Mason, the Committee report :] Wee haue examined the same 
and fully heard the said Sir fierd : Gorges, in whatsoever he 
could alleadge for himselfe, and doe find that his said promise 
made in June 1632 as aforesaid had Relation to the Shipps sett 
out and Voyages mentioned in the said Certificatt of Sir John 
Wolstenholme and Sir Abraham Dawes which were before 
the date of his said promise. And it appeared clearely vnto 
vs that the obiection made by the said Sir fEer Gorges that 
his said Promise related only and was to bee applyed to such 
Shipps as were sett out and Voyages made after his said 
promise was a meere subterfuge and altogether groundless 
for that after his said promise made hee paid in lOOl. which 
must necessarily bee in relation to the Voyages and Shipps 

* On 30 April, 1639, thia matter is referred to Sir Arthur Hopton, 
Ambassador to Spain, to demand satisfaction there, [p. 325. last H.] 



252 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1639. 

sett out before his said promise in reguard that since the date 
of his said promise there hath not bene any Shipp sett out 
nor voyage att all made by te said Adventurers Besides it 
appeared vnto vs aswell by the Register Booke of Mr. 
E3a-es Clarke and Accountant for the said Company as by 
the Testimonyes vpon oath asweU of the said Mr. Ejrres as 
of George Griffith and Thomas Wannerton Merchants that 
the said Sir fEerd : Gorges did promise as aforesaid to bee an 
Adventurer in all the Voyages sett forth by the said Adven- 
turers in equall proportion with the said Captain Mason 
As concerning the somme of 254?. charged to bee owing and 
in Arreare by the said Sir fierdenando Gorges (which was 
ordered to goe towards the satisfaction of the wages and 
salaries due to the poore petitioners The proofe thereof is 
the said Register Booke of Accompts kept by the said Eyres, 
attested by him vpon oath to bee a true Accompt Vpon all 
which wee are of opinio i that the said Sir ffard : Gorges 
was in Arreare the said summe of 254:1. whereof lOl. only 
hath been by him paid since the first complainte of the 
petitioners to this Boord Nevertheless in reguard Sir fEerd : 
Gorges did obiect one particular whereby he endeavoured to 
disable the Testimony of the said Eyres, and the Creditt 
of his Register Booke Wee haue att his Instance thought 
fitt to represent the same to your Lordshipps vizt That in 
a cause lately depending in the Court of Requestes betweene 
one Cotton Plaintiiie and Sir fferd : Gorges and Henry 
Gardiner defendantes concerning the somme adventured 
by Sir fEerd : Gorges in a flfishing voyage to New England The 
question being whether his Adventure were llOZ. or 50l. It 
was notwithstanding the Answere of the said Eyres vpon 
oath to an Iterrogatory ministred on that behalfe, wherein 
he affirmd that the Adventure of the said Sir fEerd : Gorges 
was llOl. Resolued by the said Court that the said Adventure 
was only 50L and soe ordered accordingly a Coppie of which 
deposition and order he now produced before vs Which whether 
it may trench to the impeachment of the Testimony of the 
said Eyres or the Credite of his Register Booke of Accompts 



1639.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 253 

in the matters referred by your Lordshipps to vs Wee 
presume not to iudge but humbly submitt the same to your 
Lordshipps Only we conceaue it fitt to acquainte your 
Lordshipps likewise with Mr. Eyres his Answere therevnto, 
which was That the Court of Requests did not reiect his 
Testimony there in such a sence as Sir fferd : Gorges now 
vrges and would make vse of to disable his Testimony in 
other thinges. But that although the said order of Court, 
determined it otherwise then as he had deposed, yet the same 
was but according to the Course of all Courts, in reguard there 
was but singularis Testis And therefore humbly desiered that 
in Case the said obiection of Sir fierd Gorges made any 
impression with your Lordshipps that he might be heard to 
give further answere therevnto. Signed Will Becher ffrancis 
Wyatt Abraham Williams Tho: Meautys Laur: Whitaker. 

Vpon reading whereof theyr Lordshipps being satisfied 
that there was no Cause for their Lordshipps to retract 
their former order of the 27th of June last, doe in all thinges 
ratifie and confirme the same and doe order that the sayd 
Sir fferdinando Gorges shall pay forthwith vpon sight hereof 
into the hands of the Clarke of the CounseU attending of 
244i. to bee distributed to the petitioners and paid pro- 
portionably according to the severall summes dew vnto every 
of them respectiuely as by the sayd former order is appointed. 

[pp. 179-180.] 

[419.] Whitehall, 31 March: 

[In a list of 32 patents, commissions, and grants to bo Nova Scotia, 
revoked by proclamation, No. 15 is] An Inhibition to be 
published that noe Englishmen doe henceforwarde take upon 
them the degree of Barronetts in Scotland or nova Scotia. 

[p. 209. 11 l.J 

[420.] Whitehall, 24 April : 

Whereas the Kings Majestic being humbly moved by the Virginia. 
Petition of Roger Wyngat in regard of his service in the plan- 
tation of Virginia ; and losses there sustayned ; to bestowe 



254 ACTS OF THE PRIVY COUNCIL (COLONIAL), [1639. 

vpon him the place of Treasurer of Virginia, was gratiously 
pleased vpon the 15th of July last to referre it to the Lordes 
and others Commissioners for forraigne plantations ; to take 
the same into consideration together with the Petitioners 
merit, and to giue such order therein as they in their Wise- 
domes should think fitt. Now this day the Earle of Dorsett, 
one of the said Lordes Comissioners proposeing the same att 
the Board, and the suite and desire of the said Roger 
Wingate being after good deliberation and mature advice 
approved of by the said Commissioners there present It was 
therevpon by their Lordshipps thought fitt, and ordered that 
his Majestys Attorny generall should bee hereby prayed and 
required to prepare a Bill ready for his Majesties royall 
Signature, contayneing a grant of the said place and office 
of Treasurer of Virginia vnto the said Roger Wyngatt accor- 
dingly for his life. [p. 292. ^ 1.] 

[421.] Whitehall, 30 April: 

Virginia A Letter directed to the Governor of Virginia for the tyme 

being and to the Counsell there. Wee haue receaved and 
duly considered your Letters of the 18th of January (with 
the writings included) sent in answear to those wee directed 
to you the 12th of June preceding, touching the suite made 
vnto vs by Richard Elle Mariner, .... And forasmuch 
as it now appeareth to vs by what you Certiiie, that 
the suggestions of the said Elle which moved vs to 
favour him with those our foresaid Letters, were vntrue 
and that hee intended only his owne profitt and not the 
good of the Colonie, and likewise that before the receipt 
of the same, other graunt had bin made of the said Lands 
vnto one John fHudd a man of a longe continued service and 
great desert in that Plantation, ffor these reasons and those 
other motiues expressed in your Letters Wee haue thought 
fitt hereby to signifie vnto you, that wee remaine satisfied 
with your proceedings held in this particular, notwithstanding 
our said former Letters, and doe well approue of the grant 
made vnto John ffludd as aforesaid. [p. 324. last %] 



1639.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 255 

[422.] Inner Starchamber, 28 May : 

[Sir Ferdinando Gorges acquainting their Lordships that he Sir F. Gorges 
was now ready to make payment of the sum of 244L, ordered 
to be paid on 20 March, the money is ordered to be paid 
to Sir William Becher] who . . is prayed and required to 
see the said money distributed ana paid respectively to the said 
poore people expressed in a Register kept by Mr. Eyres 
proportionably according to the severall Summs justly due 
and owing vnto every of them for Wages And if there shalbee 
any Overplus It was further Ordered that the same should 
bee restored to the said Sir Ferdinando. [p. 393. 1j 2.] 

[423.] Ibid. 

Whereas the Earl of Carlile and Sir James Hay and Archi- West Indies. 
bald Hay Trustees for the late Earl of Carlile did by their 
Petition (for the safety and defence of his Majestys Subiects 
planted in St. Christophers and Caribie Islands) humbly desire 
to bee furnished with 20 Lasts of Gunpowder, [the Officers 
of the Ordnance are required to sell to them such a fitting 
proportion of powder as they shall desire for the use of the 
said plantation at the usual rate of IS''- the pound.] 

[p. 394. If 3.] 
[C.S.P. L 295.] 

[424.] Whitehall, 14 June : 

[The Adventurers for the Plantation of Newfoundland are Newfound 
allowed, on payment of the usual customs duties, to transport 
thither the several provisions hereafter mentioned.] 
23 butts conteyneing 39 quarters of Wheate 
15 butts and two Puncheons cont 28 quarters of Malt 
5 Puncheons and one hogshead cont 59 busshells of Pease 
2 Pucheons and 2 hogsheads cont 39 busshells of Oatemell 
2 hogsheads cont 600 weight of Cheese 

2 Rondletts cont 27 Gallons of sweet oyle 
4 halfe ffirkins of ordinary Soape 

1 Rondlet of Castle Soape 

3 ffirkins of butter 



256 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 

1 Rondlet cont 2 busshells of Mustard seeds 

2 Boxes cont 26 doozen of Candells 
2 Hogsheads of wyne Vinager 

2 ffirkins of smale Nayles 

[p. 432. 1[ 1.] 

[425.] Whitehall, 30 June : 
Virginia. A Letter to the Gouernor and Councell of Virginia. 

Whereas by former Letters from this Board vpon the Petition 
of some Planters and Traders to Virginia, you were required 
to suspend the taking of the Imposition of 6d. per poU (here- 
tofore vsually paid for euerie Passenger arriuing in that 
Collony vnto the Commander of the ffort caUed Point Com- 
fort in Virginia for keeping an exact Register of all such 
Passengers and for administring vnto them the oathes of 
Supremacy and allegiance) vntill vpon the Answer of you the 
Governor therevnto wee should giue other order therein, 
vpon consideration had of a Certificate since 
retourned to the Board from you the Gouernor and Counsell 
. . . as likewise of a Report made therevpon by the Sub 
Comitee for forraigne Plantations vnto whome wee formerly 
referred the same, wee iinde the said Imposition fitt to be 
continued, as beng very necessary and of importance for his 
Majestys seruice. [p. 472. last %] 

[426.] Whitehall, 21 July: 

New Vpon the humble petition of Gyles Elbridge of the Citty of 

ngan . BristoU Merchant praying licence for the exportation of 
about eighty passengers and some provisions formerly accus- 
tomed for the encrease and support of his fishing plantation 
in New England [the licence is granted, on his giving bond] 
by himselfe or some other sufficient man to the Clarke of the 
Counsell to his Majestys vse that none of the said persons 
shaibee shipped vntill publikely before the Maior of Bristol! 
they have taken the Oathes of Allegiance and Supremacie. 
And the Lord Treasurer is hereby prayed and required to giue 



1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 257 

order to the officers of the Port of Bristoll accordingly any 
former Order of tho Boord, or other revStrainte to the contrary 
in anjnvise notwithstanding. [p. 530. last "[j.] 

[427.] WhitehaU, 26 July: 

Vpon reading this day att the Boord aswell the humble Virginia, 
petition of Captain Samuel Mathewes against Thomas Hill 
as alsoe a Certificatt of the Sub committee for foraigne Plan- 
tations retorned to vs in Aunswere to a former Reference of 
the Boord of the 12th of June last made vpon the petition 
of the said Hill, which Certificatt the said Hill hath neglected 
to call on and is as followeth in h sec verba. 

May it please your Lordshipps 

According to your Reference of the 12th of June last 
vpon the petition of Thomas Hill against Captaine Mathewes, 
We have heard the partyes and theyr Councell, And vpon 
pervsall of our former Certificatte and your Lordshipps Order 
therevpon Wee find that it was directed, that this business 
should bee examined by Sir Henry Martin, which wee conceave 
to bee the best way by way of Reference onely from your 
Lordshipps in reguard of many Circumstances concurring in 
this particuler Cause. And that he bee ordered to vse all 
expedition the partyes being here reteyned from their affaires 
in Virginia) to accommodate and settle the business if hee 
can or otherwise to reporte the true state thereof to your 
Lordshipps. And the rather in reguard wee find that the 
Gouernor and Councell of Virginia take much Exception to 
our former Report which notwithstanding vpon our last 
hearing of all the partyes and the Witnesses produced verbally 
before vs, wee find noe Cause in any part to retract But in 
what way soe ever it bee putt, Wee thinke fitt, that both sides 
should give sufficient security forthwith to abyde and per- 
forme such finall Order, or decree as shalbee made vpon the 
hearing. And whereas Captaine Mathewes complaines that 
notwithstanding your Lordshipps Letter of the 25th of July 
1638 neither hee nor his Agentes are putt in possession of 

17 



258 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 

the Estate and goodes directed to bee delivered him by the 
said letter, but that some parte thereof to a good value is still 
deteyned from him Wee conceave it fitt that Sir ffrancis Wyatt 
the now Governor and Councell should by Order from your 
Lordshipps bee directed to putt him in possession of such part 
of the said Estate as is remayning vnrestored and was taken 
from him vpon the complainte of the said Thomas Hill vpon 
the said Governors Arryvall there according to the intent 
of your Lordshipps sayd Letter dated the 9th of July 1639. 
Signed Sir Wm. Beecher Sir Abraham Williams Sir ffrancis 
Wyatt Mr Meautys. 

[ The certificate is approved, and orders given accordingly.] 

[p. 542. last %] 

[428.] Whitehall, 28 July: 

Virginia, Vpon the humble petition of the Marchantes, Masters and 

Owners of fower severall Shippes called the Honour, the 
Rebecca the Blessing and the Love of London. Shewing 
that to further his Majestys service in his severall Plantations 
of Virginia, they have provided the said Shipps to goe thither, 
with men and provision for Servantes, which alredy they have 
there, and that the said Shipps in or aboute AprUl last payed 
his Majestic great Summes of money for the Custome and impost 
of the goodes which they brought from the said Plantations, 
which said Shippes being now att Gravesend fully fraighted 
with the supply aforesaid, ana ready to putt to Sea againe, 
are by the officers of his Majestys Customes within the Portes 
of London and Gravesend there stayed to the great hindrance 
of the petitioners and to the hazard of the loss of theyr 
severall Voyages. And that the officer appointed to take 
theyr Oathes of Allegiance and Supremacy refuse to goe 
downe to Gravesend to take the same, as he hath ever bene 
accustomed to doe Theire Lordshipps having heard and con- 
sidered of the said petition did this day thinke fitt and Order 
that the said Marchantes, Masters or Owners of the said Shipps 
respectively shall bring vnto the Lord high Treasurer of 



1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 259 

England a List of all goodes and provisions which are to bee 
transported in them. And if his Lordshipp shall find the same to 
bee such as are vsuall or fitt to bee transported in them, Then his 
Lordshipp is hereby prayed to talce order with the officers of 
his Majestys Customes, that the said Shippes may bee forth- 
with cleared and permitted to proceed in their intended 
Voyages Provided that all the Passengers in them or any of 
them before the said Shippes bee permitted to pass, doe first 
take their Oathes of Allegiance and Supremacy And in Case 
the officer appointed doe not goe downe to take the said 

Oathes Theire did thinke fitt and Order that the Minister 

there in presence of some of the Officers att Grauesend may 
take the same aboard the Shipps. [p. 548. last ^.] 

[429.] Whitehall, 31 July: 

Vpon reading this day att the Boord the humble petition Virginia. 
of Thomas Deacon William Harris, Thomas Allen, William 
Allen and others Merchantes and Planters in Virginia Shewing 
that by reason of a Restrainte that noe Shipps shall goe from 
James River vnto Charles River in Virginia the petitioners 
have beene forced to sende theire goodes in open boates to 
and from the Plantations neare Charles River to theire great 
dammage discouragment and daunger of the loss of theire 
lives and goodes [in accordance with a certificate from the Sub 
committee for foreign Plantations it is ordered] that the Shipp 
the Honour whereof Thomas Harrison is now Master shall 
for this yeare bee permitted to putt into Charles Ryver 
aforesaid, and the Men and goodes to bee there landed, 
Provided that aU Passengers in her doe take the Oathes of 
Allegiance and Supremacy And that a Ust of all the said 
Passengers bee sent to the Gouernor and Councell in Virginia. 

[p. 551. last T|.] 

[430.] Ibid. 

A Letter directed to Sir ffrancis Wyatt Knight Gouernor Virginia, 
of Virginia and to the Councell there. Whereas Edmond 
Dawber Administrator of the Estate of Sir Thomas 
Gates Knight deceased in the Right of Margarett Dawber 



260 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1639. 

and Elizabeth Gates, daughters of the said Sir Thomas Gates 
and of Margarett the Relict of his eldest sonne hath petitioned 
this Boord that all such Estate of lands Cattle or other goodes, 
as were properly belonging to Sir Thomas Gates att his last 
coming from Virginia might bee restored and made good vnto 
him, and his assignes [the orders given on 11 January, 1633 
(c/. 305 & 299) are repeated.] [p. 558. ]f 1.] 

[431.] Whitehall, 31 July: 
Virginia. A letter directed to Sir ffrancis Wyatt Knight Gouernor of 

Virginia. Whereas an humble petition of William BuHocke 
hath bene brought to the Subcommittee for for- 
raigne Plantations and by them recommended vnto vs for 
our letters on the petitioners behalfe, whoe complayneth of 
very great wrong and Iniury done vnto him by one Mr. 
Br ocas as by the said petition you will more clearly disceme, 
Wee haveing considered of the said petition and how fitt it 
is that those whoe have made great Adventures for the good 
and advancement of the Plantation should bee encouraged, 
and receave speedy Justice against such, who have been 
trusted by them, with their adventures, and deprived of the 
fruite as this Case is expressed in the petition shalbee made 
appeare. [Do therefore refer it to you to investigate, and 
to cause justice to be done.] [p. 558. *1 2.] 

[432.] Ibid. 

Virginia. A letter directed to Sir ffrancis Wyatt Knight Gouernor of 

Virginia and to the Councell there. Whereas wee did 
this day heare read before vs the Certiflficatt of the 
Sub committee for forraigne plantations retourned in aunswere 
to our Reference vpon the petition of Laurence Evans against 
ffrancis Poethris which petition wee herewith send you together 
with a Coppie of the said Certificatt whereby wee find that 
although the Gouernor and Councell there have vpon our 
former letters proceeded in the Cause betweene them with 
great Care and Caution. Yet in reguard it hath bene made 
appeare vnto the Sub committee and vs by a letter from the 



1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 261 

Secretary to the Councell of Virginia (being one of the Councell 
there) that there was a notorious deficiency in the prosecution 
by those intrusted by the said Laurence Evans with his Cause 
and likewise a great mischaunce by which (as he alleadgeth) 
the Evidence and Instruction sent by him from hence came 
not to his Agentes handes, whereby his Cause might well 
miscarry . . . And that the said Evans now intends himselfe 
in person to prosecute his Cause Wee . . . have thought 
fitt againe to recommend this Cause vnto you ... to 
reheare the differences betweene the said parties and to 
determine and settle the same . . . provided that the 
said Evans doe pay vnto the said Poethris such Costs and 
charges for the former suite as you the said Gouernor and 
Councel shall thinke fitt and order. [p. 559.] 

[433.] Whitehall, 31 July : 

[A warrant to the Justices of the Peace in the Counties of Tobacco. 
Worcester, Gloucester, and Monmouth. WiUiam King and 
others, having authority to displant, pull up and destroy all 
Enghsh tobacco, report that evasions and resistance have 
been made by the inhabitants of Winchcombe, Cheltenham, 
Tewkesbury, and other places, under colour of their poverty. 
The tobacco is to be at once destroyed.] [p. 564. ^ 1.] 

[434.] Whitehall, 2 August: 

[Upon hearing Counsell on both sides in the business between Virginia. 
Captain Samuel Mathews and John Woodhall the busines is] 
hereby referred back to be heard and examined anewe, 
by the newe Governor and Councell of Virginia vpon the 
said Governors arrivall there, wherein their Lordshipps 
doe especially recommend it to the said Governor to 
take care that there be a full number of Councellors present 
at the said heareing, and that Captaine Mathewes (according 
to his owne offer) nor any other that is a formall party in the 
cause, be not admitted to be present dureing the said 
heareing as Councellors, And the Decree to bee made there- 
vpon by the said Governor and Councell to be finall and 



262 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 

bindeing to both sides, and to bee put in execution and neither 
side to trouble this Board any more touching this busines 
wherein it is Ukewise ordered that in case the said former 
proceedings and sentence on the halfe of Woodhall appeare 
to haue bin iust and regular and the complaint of the said 
Captaine Mathewes to haue beene causeless, then the said 
Captaine (according to his owne offer alsoe) is to satisfie and 
pay such further costs and damages vnto the said Woodhall 
as the said Governor and Councell shall conceiue fitt and reason- 
able Lastly it is ordered that in the meane tyme the Cattail 
in question shalbe continued in the possession of the said 
Woodhall. [p. 568. H 2.] 

[435.] Whitehall, 2 August : 
Virginia. Whereas it was this day presented to the Board on the 

behalfe of Captaine John West Capt. Samuell Mathewes Capt. 
William Pierce Capt. WilHam Tooker and others against 
them an Information by order of the Board was formerly 
exhibited in the Starr chamber by his Majesties Attorney 
Generall vpon the Complaint of Sir John Harvey. That they 
haue now attended here for the space of three yeares or 
thereabouts concerneing the said cause and noe prosecution 
hath beene had therevpon to bringe it to a heareing and 
haueing spent all the meanes they can procure heere, and their 
Estates in Virginia being in danger to be vtterly ruined by 
reason of their soe long absence thence. They were now 
become humble suitors that they might bee Lycensed to repairs 
into Virginia to take care for the preservation of their said 
Estates, they haueing noe other way to maintaine themselues, 
their wiues and Children, being ready to enter into new Bondes 
to attend againe within any convenient tyme after notice giuen 
them on that behalfe. Their Lordshipps vppon consideration 
had thereof alsoe for that John Donne the prosecutor on behalfe 
of Sir John Harvey is lately dead. Sir John Harvey himself e 
remaineing yet by occasion of sicknesse in Virginia. And his 
Majesties Attorney Generall haueing likewise informed their 
Lordshipps that noe man hath giuen attendance or infor- 



1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 263 

mation in the said cause for theise three Tearmes past and 
more, Conceaveing their desire fitt to bee granted. Did order 
that the said persons should bee heereby accordingly lyconsed 
to goe ouer into Virginia they first glueing Bond of 500Z. 
apeece before the Clarke or Deputy Clarke of the Starr- 
Chamber to retourne againe and attend the said Court of 
Starr chamber within eight Monthes after notice left in writting 
on that behalfe at the house of the said William Tooker scituate 
in Tower streete London. And therevppon their former bonds 
... are to be delivered vnto them. [p. 572.] 

[436.] Whitehall, 11 August: 

A Letter directed to Sir ffrancis Wyatt Knight Governenor Virginia, 
of Virginia att his Arrivall there. Wee send you inclosed a 
petition presented to this Board by Jane Hart Widdow. 
Complajming against Capt. Christopher Wormley for most 
vniust and Indirect practices and proceedings to defraud 
her of a due aebt of 350Z. owing by him vnto her deceased 
husband John Hart, vpon Bond. [Wormeley is to be examined, 
and justice done.] [75. 585. *I 4.] 

[437.] Whitehall, 18 August : 

[The Sub-Committee report on a petition of the Somers Virginia. 
Islands Company] : — 

According to your reference made vnto vs of the 28th of 
July last, vppon the petition ; we haue considered thereof, 
and wee doe finde vppon Inquiry that the Sommer Islandes 
doe much increase in people and are much scanted by the 
narrownesse of the Soyle and that there was an agreement 
heretofore by the Company of Virginia while the same sub- 
sisted that there should bee granted vnto the said Company 
of the Sommer Islandes a large proportion of Landes in 
Virginia to supply the defect of the said Islandes. And wee 
conceaue that the land lying betweene two Rivers of Rapa- 
hanock and Patawmeck may bee very fitt and convenient for 
them, neither is it yet Inhabited by any of his Majesties 



264 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1639. 

subiects, nor as yet any grant thereof (now in being) passed 
vnto any others, by reason that the Grant to the Company 
of Virginia is long since disolued. But wee hold it our Duties 
to informe your Lordshipps that if the said Land bee now 
passed to them in grant, it will bee consequently exemted 
from the Jurisdiction of Virginia neither Doe the Company of 
the Summer Islands desire the same to be att their Charge 
Inhabited and planted except they may enioy it in the same 
Condition that they doe the rest of the Sommer Islands which 
they alleadge was the meaneing of their former agreement with 
the Company of Virginia whUe it subsisted And in further 
satisfaction to those of Virginia they doe offer that if the other 
parts within the limitts of Virginia which haue since beene 
graunted vnto others and are consequently exempted from 
the Jurisdiction thereof shall hereafter bee ordered and 
adiudged to bee restored againe to the Jurisdiction of Virginia 
they will likewise submit their graunt to the like order : which 
poynt wee humbly submit to your Lordshipps graue Considera- 
tions without interposing any opinion therein. Signed :— 
Lord Goring, Sir Wm.'Becher, Sir Abraham Dawes, Sir Abraham 
Williams, George Sandis Esqr., Tho. Meautys Esqr. 

Their Lordshipps vpon Consideration had thereof well 
approueing of the same, Did thinke fitt and order that his 
Majesties Attorney generall should forthwith Drawe vpp 
a Grant for his Majesties Signature of the aforesaid Land 
lyind betweene the two Rivers of Raphanock and Ratowmeck 
in Virginia to bee past vnto the said Companie of the Sommer 
Islands in as large and ample manner as those Grants formerly 
past vnto the Lord Baltimore Sir Robert Heath and Sir Edmond 
Plowden or any of them, with this Prouiso neverthelesse 
according to the opinion delivered in the said Certificate that 
if the parts within the limits of Virginia which haue beene 
soe granted vnto others since the Dissolution of the Virginia 
Companie and are thereby exempted from the Jurisdiction 
of Virginia, shall hereafter bee ordered and adiudged to bee 
all restored againe to that Jurisdiction they shall likewise 
submitt their Grant to the like order. [p. 603. H 2.] 



1639] ACTS OF THE PRIVY COUNCIL (COLONIAL). 265 

[438.] Whitehall, 25 August : 

Whereas an humble Petition was this day presented to the Bermudas. 
Board by the Conipanie of the Summer Islands, praying . . . 
that in the Shipp the Dorse tt now by them prepared and 
bound for the said Islands, they might for the releife of that 
Plantation bee licensed to export thether sundry provisions ... 
as also that theire passengers might take the oath of Allegiance 
at Gravesend and bee examined by the Minister there and not att 
the Custome house . . . his Majestie with the advice of their 
Lordshipps did order that the said Companie should be hereby 
authorised and licensed to send vnto the Islands aforesaid 
and Plantation twenty hoggsheads of Meale forty dousin of 
Candles seaventy dousin of Shooes &c [and] that the Searchers 
or other his Majestys Officers hereto authorised at Gravesend 
may and shall there administer the said oath vnto the said 
Passengers, as also that the said examination of them, be 
performed at Gravesend by the Minister of the place : Whereof 
the fEarmers of his Majestys Customes and others whome 
it may concerne are hereby to take notice and to governe 
themselves accordingly. [p. 611. last ^.] 

[439.] Whitehall, 15 September: 

A Warrantt of the Tenor following directed to the Officers Virginia 
of his Majestys Customes within the ports of London and 
Gravesend and to all others whome it may concerne. Whereas 
the Merchants Master and Owners of the Ship called the 
Charles of London did by their petition presented to the 
Boord humbly shewe That having brought a greate quantity 
of Tobacco to the port of London and paid his Majestie a greate 
Summ of money for the Custome thereof. And being now 
ready to returne with the said Ship to Virginia againe humbly 
desired leave to transport the number of passengers and 
other commodities herevnder specified for the better accoih- 
modation in the said plantation, which Wee hereby thought 
good to grant vnto them. [The said ship is therefore to 
be allowed to pass, on her passengers taking the Oaths of Alle- 
giance and Supremacy at Gravesend.] 



266 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 



T3 



for the Charles 
100 Passengers 
5 quarters of Mault 
55 dozen of Shooes 
30 ffirkins of Butter 
2000 weight of Cheese 
10 barrells of Powder 
500 weight of small shot 
70 dozen of Candles 
50 Hogsheads of Oatmeale 
20 hogsheads of naeale 
100 weight of Pewter 
2000 nailes of severall sorts 
Clothes for ye hundred ] 
Servants, vizt Suits Capg V 
Stockena and Hamacoes J 
3 tons of Spanish and 

Srenoh wines 
2 touns of strong waters. 
50 Case. 



The like Warrants for the 
Shipps the William and Sara, 
the George, and Charity of 
London to transport the passen- 
gers and provisions following 
in each. 



100 Passengers 
40 Dozen of Shooes 
10 quarters of Mault 
50 ffirkins of Butter 
3000 weight of Cheese 
4 barrells of powder 

500 weight of small shott 
60 dozen of Candles 

100 bushells of Salt 
40 bushells of Oatmeale 
10 hogsheads of Meale 



[p. 643.] 
[440.] Whitehall, 23 October: 
Virginia. Whereas Thomas Phillips formerly sentenced by the late 

Gouvernour and Councell of Virginia for schandalous woords 
as hee alleadgeth by him uttered and spoken against Sir John 
Harvey, Knight, then Gouvernor thear, for which hee hath 
already suffered Imprisonment and other Corporall punish- 
ment, And parte of the said sentence beyiige that hee should 
bee banished out of the said plantatyon, hee was an humble 
suitor by Petition to the Board that parte of the said sentence 
might bee released, and that hee might be permitted to retourne 
Into Virginia his Estate wife and Children still remayninge 
there, the consideration of which Petition their Lordshipa 
were pleased to referr to the Sub Committee for fforraigne 
Plantatyons, [and whereas the certificate of the said sub- 
committee recommends that his petition be granted, on con- 
dition that he give bond for his good behaviour in the future, 
the Governor and Council of Virginia are requested to give 
order accordingly]. [p. 690. ^ 1.] 

[441.] Inner Star Chamber, 31 October: 
SirF. Gorges. Vpon Consideration had of the petition of Adrian Tucker 



1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 267 

Concerninge wages owinge to him by Sir fferdinando Gorge and 
others Adventurers In new England Their Lordshipps were 
pleased to referr (the farther Examination of the Petitioners 
demands as alsoe of the Cause why hee was omitted In the 
former List of those who Claymed wages, likewise from the said 
Adventurers) vnto Thomas Ayres who was Gierke of the said 
Company and Kept the Bookes of Accompt for those wages, 
who therevpon made Certificate to the Board as foUoweth . . . 
I doe finde that there is owinge vnto the said Tucker for his 
wages for 3 yeares 3 moneths endinge the 17th of June 1633 
the somme of eleuen pounds nyneteene shillings and 5d. [His 
omission from the former list] was because when the rest of the 
seruants wages was audited before Sir John Wolstenholme 
and Sir Abraham Dawes, the said Adrian Tucker appeared 
not, nor any for him to make his demand as others did. 

Their Lordshipps findinge noe Cause to disalow of the 
oppinion deliuered in the said Certifficate . . . did there- 
fore thinke fitt and order that Sir fferdinando Gorge should 
vpon sight hereof pay vnto the petitioner the said somme . . . 
or otherwise shew good Cause to the Contrary betweene this 
and the first Day of the next Tearme. [p. 697. ^f 1.] 



CHARLES I. VOLUME XVII. Part 1. 
(2 Nov. 1639-25 Sept. 1640.) 

[442.] Star chamber, 6 Nouember : 

Vpon the petition of the Marchants Master and Owners of Virginia, 
the Shipp called the Suzanna of London, Shewing that the 
said Shipp came from Virginia about May last laden with 
Tobacco, and other Commodityes and paid his Majestic great 
sommes of money for the Customes thereof, and that the said 
Shipp is now ready to goe to Virginia againe, with such 
Passengers, and provisions, as here vnder written are mentioned, 
but cannot bee permitted by the officers of the Ports of 
London, and Grauesend, to cleare the said Shipp without 
order from this Boord. [The desired permission is ordered 



268 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 



New 
England, 



to be granted, on the] Passengers takeing the Oathes of 
Allegiance, and Supremacy, before the officer appointed for 
that Service, att Grauesend (or in Case he shall refuse to goe 
downe thither, then before some other officer, or Minister 
there, as hath bene vsuall. 



80 Passengers 
15 quarters of Mault 
55 dozen of Shooes 
30 fl&rkins of Butter 
2000 weight of Cheese 
10 barrells of Powder 
500 weight of Small shott 
70 dozen of Candells 
30 hogsheads of Oatmell 
50 Cace. 



100 weight of Pewter 

20 hogsheads of Meale 

500 weight of Soape 

20000 Nayles of severall sorts 

Clothes for the 80 Servants (vizt 

Sutes, Caps, Stockings, 

Hanuuackoes and Beds. 

3 Tonns of Spanish and Srench 

wines 
2 Tonnes of strong water 

[p. 17. II 2.] 
[443.] Inner Star chamber, 22 Nouember : 
Vpon reading this day the humble petition of Richard 
Long, John Taylor and John Gonning of the Citty of 
BristoU Merchants Owners of the Ship the Mary Rose of the 
burthen of 180 tonnes Shewing that the petitioners haue 
for many yeares together adventured vnto the Newfoundland 
and those Westerne partes the sayd shipp and diverse others 
in ffishing voyages which ffish they haue carryed into Spaine 
and retourned wynes into England which payes vnto his 
Majestic great Summes of money praying lycence for sending 
the said ship with the Passengers and provisions vndernamed 
from Bristol! to New England [The desired permission 
is ordered to be granted on the passengers taking the Oath 
of Allegiance]. 



120 Passengers 
20 quarters of Meale 
60 dozen of shooes 
20 Kinderkins of butter 
30 hundred wayt of Cheese 
10 Barrells of Powder 
500 weight of small shott 
80 dozen of Candells 
30 hogsheads of meall 
30 hogsheads of oatemeale 
10 hogsheads of Peas 



100 weight of Pewter 

1000 weight of Soape 

20 thousand Nayles of all sorts 

Clothes for the Passengers vizt 

Shirts, Caps Stockings Beds 

and hamackos 
4 Tonns of Spanish and Srench 

wynes 
2 Tonns of Veniger 
1 Tonne of hot waters in Caske, 
bottells and Cases 

[p. 59. H I.] 



1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 269 

[444.] Inner Star chamber, 22 Nouember : 

Vpon the petition of Gilbert Grymes and Orpheus West Indies. 
Duman Masters of the two Shipps the fEortune, and the Ann 
and John of London Shewing that the petitioners having 
theyr Shipps already fallen downe to Grauesend bound for 
the Carabee Islands but being there they and theyr passengers 
are stayed for that they have not a lycence for transporting 
the Commodityes hereafter written [The license is ordered 
to be granted on the usual conditions. — Cf. 442.J 



In the ffortune 




In the 


Ann 


and John 


Shooes 


150 dozen 


Shooes 




200 dozen 


Canvas suits 


300 




Canvstss suits 


100 


Shirts 


300 




Shirts 




200 


Stockings 


100 




Stockings 




150 dozen 


Caps 


100 




Caps 




40 dozen 


Powder 


10 


barrells 


Powder 




10 barrells 


Musketts 


100 




Musketts 




100 

[p. 60. H 1.] 



[445.] Inner Star chamber, 29 Nouember : 

Vpon reading this day an humble petition of the ^aimda and 
Marchants and Owners trading to the Plantations of Can- England, 
nada and Newengland Shewing that in reguard the Trade 
to these Plantations hath beene a meanes for to increase the 
trade of ffishing, and by theire outwarde bound Voyages hath 
of late procured almost all the trade from Newfound land 
from the Dutch, and that by trading in those parts they 
haue discovered other places for fishing where they find fish 
to bee of greater sise, one hundred of it to bee worth two 
of that in New found land, the petitioners praying lycence 
for sending two Shipps the John, and the James of London 
for to proceed thither to supply the Wants of the Planters 
there, and ffisher men, and alsoe to take from hence Planters 
and ffishermen with theire goods and provisions [The license 
is ordered to be granted. No list of the cargo is appended]. 

[p. 92. 5f 1.] 

[446.] Whitehall, 17 December: 

A Letter directed to Sir fErancis Wyatt knight Governor Virginia, 
of Virginia, for the tyme being, and to the Counsell ther. 



270 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639. 

Whereas, by our Letters to you directed of the 11th of 
August vppon the Complaint of Anthony Panton Clark Rector 
of York and Cheskyack, in Virginia, against a sentence giuen 
against him by the Governor and Counsell there, beareing date 
the eight of October, 1638, wherein the busines was referred 
back againe vnto you to be reheard vppon a Certiiicat 
retourned to vs from the Sub-Commissioners for forraine Plan- 
tations, you were authorised and required, to cause that part 
of the said sentence, which directed his banishment, from the 
Colonyes vppon paines of death, if he retoume to be sus- 
pended vntill further order from this Board, where allso we 
recommended it to your Care that neither Sir John Harvey, 
nor Mr. Kempe, should be admitted to be present as Coun- 
sellors dureing the said heareing. Wee vppon the humble 
petition, of the said Anthony Panton, and farther con- 
sideration of the said Certificat, returned from the Sub- 
Commissioners aforesaid, do hereby further recommend the 
case of the said Panton vnto your Care authorising and 
requireing you the now Gouernor and Counsell there, to 
cause Sir John Harvey Knight late Gouernor there, to deliver 
over such goods and estate of the Petitioners, as he hath in 
his hands, and what he hath distributed to his Sherriffs and 
other Officers, vnto such persons whom you the present 
Governor and Counsell shall appoynt, where they are to remayne 
till from this Board you shall haue further order therein. And 
we do further authorise and require you if that vppon the 
reheareing of the said cause the Petitioner be found inocent, 
to restore him to his Cure againe, and to giue us a true 
Account of your proceedings herein. [p. 191. ^ 3.] 

[447.] Whitehall, 22 December: 
Barbados. [A license to go to Barbados is granted for the Love 
and the Planter of London, one of them recently 
returned thence with "Cotton WoUes, Tobacco and other 
Comodities." The oaths are to be taken by the passengers 
" before the Officer thereto appoynted, or before the Rectory 
Minister, and some of his Majesties officers." Details of the 
lading are appended] : — 



1639-40.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 271 

In the Shipp Planter of London In the Love of London 

Passengers 250 Passengers 200 

Shooes 300 dozen Shooes 250 dozen 

Shirts 300 dozen Shirts 250 dozen 

Drawers 300 dozen Drawers 250 dozen 

Munmoth Caps 30 dozen Munmoth Caps 20 dozen 

Crocus Canvas for cotton Baggs, Crocus Canvas to make Cotton 

250 peeces Bages 250 peeoes 

Cloth to make shirts 40 ells Linnen for Shirts 400 ells 
Iron Tooles to the value of 40Z. Iron Tooles 40 pounds worth 
Wax Candles 300 pounds weight Wax Candles 300 pounds worth 
Wine two Tonns Wine two Tonns 

Oyle 100 gaUons Oyle 100 Gallons 

Nayles 10000 Nayles 10000 

Cheese 2000 weight Cheese 2000 weight 

Musketts 40 Musketts 40 

Aqua vite or strong waters Aqua vitse or strong water] | 

2 Tonns 2 Tonns 

hatts 10 dozen Hatts 10 dozen 

Powder 4 Barrells Powder 4 Barrells 

Stockings 20 dozen , Stockings 20 dozen 

Butter 20 ffirkins Butter 20 ffirkins 

A Kke order Mutatis Mutandis, for the Ships the Peter 
Bonaventure, and the Marcus of London, for the same 
number of Passengers and quantities of provisions. 

{p. 212. H 1.] 
[448.] Whitehall, 10 January : 

Vpon hearing the petition of his Majestys Subiects Inhabi- Barbados, 
tants of the Island of Barbados presented by the Councell 
and Burgesses their representative body to his Majestic and by 
him referred to this Boord, and likewise the petition of Edward 
Cranfield and Edward Shelley now attending his Majestie 
and their Lordships from the Inhabitants of the said Island. 
[All concerned are required to give their attendance at the 
hearing of the business on the 15th instant, when the Earl 
of Carhsle, Sir James Hay, and Archibald Hay, Esqr., (who 
are to receive copies of the petition) will bring with them 
the commission mentioned in the petition.] And Mr. Secre- 
tary Windebank is desired to move his j Majestie to bee 
graciously pleased to stay the proceedings on the said Com- 
mission in the meane time. [p. 229. ^ 2.] 

[C.S.P. I. p. 306.] 



Barbados. 



272 ACTS OP THE PEIVY COUNCIL (COLONIAL). [1640. 

[449.] Whitehall, 15 January : 

His Majestie and their Lordships having this day fuUy heard 
aswell the Earle of Carlile and his Councell as some of the 
Inhabitants of the Island of Barbados and their Councell, 
touching a petition formerly presented to his Majestie, in the 
name of the Inhabitants of the said Island, concerning a Com- 
mission lately given by the said Earle, to Serjeant Major 
Huncks, to bee Governor of the said Island, and his Majestys 
Letter sent therewith approving of the said Governor fEoras- 
much as it now appeared that there was not such respect and 
obedience given to his Majestys saia Letter of the 16th of 
March last, nor to the Commission graunted by the said Earle, 
which the Inhabitants ought to have yielded ; His Majestie 
and the Boord declaring that they ought to have admitted 
the said Serieant Major Huncks according to his said Commission 
and his Majestys expresse Commands, and after to have repre- 
sented their Reasons of Greivances to his Majestie or the now 
Earle, to the contrary (if they had iust cause) and not to have 
taken vpon them to determine the right of the place, contrary 
to his Majestys expresse Declaration, vpon any implyed Stile 
to Captaine Hawley in a subsequent Letter or Commission given 
him to another purpose, and then to render reasons of their 
disobedience ; It was now Ordered by his Majestie (with the 
advice of their Lordshipps) that the Inhabitants of the said 
Island shall, in the first place, receive the said Serjeant Major 
Huncks as their Governor, and settle him the said charge, 
according to the Tenor and true meaning of the Commission 
given him by the said Earle, ratified by his Majestys said Letter, 
and vntill the said Huncks can, or shall, come to the said 
Island to receave such Governor or depiity as the said Earle 
shall appoint. And that if the ffreinds of Captaine Henry 
Hawley shall within ten dayes after notice given to Edward 
Cranfeild or Edward Shelley (who followe the cause for the 
Island,) of this Order put in sufficient Security for Twenty 
thousand pounds before the Clerck of the Councell attendant 
to present himselfe within fower moneths (or as soone as hee 
can get passage from thence) at the Councell Boord here, 
aswell to answere such misdemeanors as are and shalbee 



1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 273 

objected against him, touching his Carriagein the said place, 
as to bee responsible for such Sums of money and other 
demands as the said Earle shall hereafter make to appeare at 
the Boord to bee due from him, to his Lordship and the ff cof- 
fees of his Lordships ffather, then the said Captaine Hawley 
shall haue leave to repaire hither as a ffreeman ; And, in such 
case, It is Ordered by his Majestie that hee shall quietly enjoy 
his Estate in Land and Goods in the said Island without any 
Impeachment of the said Serieant major Huncks or of his 
Majestys Commissioners aforesaid or any others whatsoever. 
But if such Security shall not by the said day prefixed bee 
here given by the ffreinds of the said Captaine Hawley, 
according to this Order, and Certificate thereof given vnder the 
hands of the Clerck of the CounceU attendant or if hee shall 
not conforme vnto this Order and performe the same, then 
the said New Governor or Deputy and his Majestys Com- 
missioners are hereby Ordered and required to send him over 
prisoner and to put all his Lands and Goods (by way of 
Sequestration) into safe hands till further Order and direc- 
tions from this Boord. Hereof all those whome it may concerne 
are to take notice and to conforme themselves accordingly. 

Ip. 244. H 2.] 
[C.S.P. I. p. 306.] 

[450.] Whitehall, 17 January : 

[A pass to be granted for the Nephine of Bristol to go ^J.^^tj^*'°" 
for New England and from thence to Newfoundland and so to 
Spain for wines to bring for Bristol. The 125 passengers are to 
take the Oaths at Crocan Pill, and the cargo list comprises] :— 
150 Barrells of Beefe 150 dozen of Shooes 200 ella of Cloth to make 

40 hogsheads of Mault 150 Suits of Clothes Shirts 

40 hogsheads of Meale 150 dozen of Shirts 20 pounds worth of Iron 

150 dozen of Stookins 150 dozen of Drawers Tooles 

2 Tons of Wine 20 dozen of Monmouth 1000 weight of Candles 

100 Gallons of Oyle Caps 20 dozen of Bootes 

10000 Nayles 10 dozen of Hatts 10 hogsheads of pease 

1 Tonn and halfe of 4 barrells of powder 250 weight of pewter 

Strong water 20 Musketts 500 weight of Soape 

500 weight of small shot 2 Tonus of Vinegar 
15 hogsheads of Oatmeale [p. 249. T| 1.] 

[C.S.P. I. p. 307.] 

18 



274 ACTS OF THE PETVY COUNCIL (COLONIAL). [1640. 



Plantation 
Trade. 



Plantation 
Trade. 



[451. J Whitehall, 17 January : 

[A like pass for the Felloiuship of Bristol for a similar 

voyage (calling at Malaga for wines). The lading for the 

outward journey is as follows] : — 

40 dozen of monmouth Caps 

400 els of Cloth to make 8 barrells of Powder 

shirts 
40 pounds worth of Iron 

Tooles 
2000 weight of Candles 
4 Tonns of Wine 
200 Gallons of Oyle 
20000 of nailes 
3 Tonus of Strongwater 
20 dozen of Hatts 



250 Passengers 
300 barrells of Beefe 
80 hogsheads of mault 
80 hogsheads of meale 
300 dozen of Stockings 
300 dozen of Shooes 
300 Suits of Clothes 
300 dozen of Shirts 
300 dozen of Drawers 



40 musketts 

1000 weight of small shott 
30 hogsheads of Oatmeale 
20 hogsheads of Pease 
500 weight of Peweter 
1000 weight of Soape 
2 Tonns of Vinegar 



[p. 250. II 1.] 
[C.S.P. I. p. 307.] 

[452.] Ibid. 

[A like order for the Desire of New England on the petition 
of George Foxcroft and the other owners, who] having Estates 
lying in New England aforesaid in Clapboords pipestaves 
Hoopes ffish and other Commodities and intending to buy ffish 
in Newfoundland to transport into Spaine and other places 
humbly besought the Boord that they might bee permitted 
not onely to proceed with their said ship in this Voyage, but 
have leave to take in and carry such passengers and pro- 
visions for New England, as shalbee offered, without which 
helpe they cannot proceed in theire Intentions nor possesse 
themselves of their Estates in New England. [The Desire is 
to carry passengers and provisions as follows] : — 

50 Passengers 
Butter 15 firluns 
Cheese 10c. weight 
Beefe 20 hogsheads 
Porke 10 hogsheads 
Wheate and Wheat 

meale 30 quarters 
Rye and Rye meale 20 quarters 
Gates and Oatmeale 

20 quarters 



Mault and Barley 

150 quarters 
Powder 10 Barrills 
Bisquit 10 thousand 
Tallow and Suet 

40 Barrells 
Shooes 200 dozen 
Bootes 10 dozen 
Pease 20 quarters 
Candles 50c. weight 



1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 275 



The like Order for the Ship called the William and George 
of London to export the passengers and provisions following : — 



Passengers 180 

Butter 40 fi&rkins 

Cheese 35c. weight 

Beefe 50 hogsheads 

Porke 20 hogsheads 

Wheat and Meale 100 quarters 

Rye and Rye meale 60 quarters 

Oates and Oatmeale 60 quarters 



[453.] Whitehall, 19 January: 



Mault and Barley 200 quarters 
Powder 30 Barrells 
Bisquet 30 thousand 
Tallow and Suet 60 barrells 
Shoes 300 dozen 
Bootes 20 dozen 
Pease 60 quarters 
Candles 80c. weight 

[p. 250. ]I 2.] 
[C.S.P. I. p. 307.] 



[A license for the Sparrow of New England (50 tons) Plantation 
to proceed thither is granted on the petition of Thomas 
Hawkins and Nehemiah Bourne, merchants, the owners of 
the vessel. Besides fifty passengers the ship's consignment 
includes] : — 



50 quarters of Mault 
30 quarters of Pease 
10 quartersof Oatmeale 
20 quarters of Wheate 
20 hogsheads of Meale 
50 dozen of Shooes 
10 dozen of Bootes 
30 Hides for Soles 
40 hides for vpper 

leather 
50 dozen of Candles 



The Shipp the Merchant 
Adventurer of London 
burthen of 300 Tonns 
180 Passengers 
300 quarters of Mault 
200 quarters of Pease 
200 quarters of Wheate 
200 hogsheads of Meale 
200 dozen of Shooes 
100 hogsheads of 
Oatmeale 
50 dozen of Bootes 
200 dozen of Candles 



The Shipp the Schipio 
of London, burthen 
300 tonus 
180 Passengers 
300 quarters of Mault 
200 quarters of Pease 
200 quarters of Wheate 
200 hogsheads of Mealo 
200 dozen of Shooes 
100 hogsheads of 
Oatmeale 
50 dozen of Bootes 
200 dozen of Candles 

[p. 253. H 1.] 
[C.S.P. I. p. 307.] 

[454.] Whitehall, 24 January : 

A Letter directed to the Earl of Northumberland Lord high Newfound- 
Admirall of England. Whereas John Lane Merchant dwelling ^^ ' 
at or neare Dartmouth is now preparing and making ready 
a ship called the Woolfe of the burthen of 320 Tonns or 



276 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640 

thereabouts to gee to the Bay of Verds with an intention 
to disturbe and preiudice the ffishery there which Lane having 
been sent for by Warrant from the Boord vpon pretence of 
sicknesse refuseth to appeare at this Boord on purpose to 
gaine time to set forth the said shipp. Wee have therefore 
thought good hereby to pray and require your Lordshipp forth- 
with to give directions for the sure staying the said ship, vntill 
such time as the said Lane hath answered vnto such things as 
shalbee objected against him, or till further Order from this 
Boord. [p. 255. ^ 3.] 

[C.S.P. Dom. '39-'40. p. 369.] 

[On the 28th December 1639 a warrant had been directed 

to Wilham Martin, messenger, to bring Lane before their 

Lordships.] [p. 214. last %] 



Plantation 
Trade. 



Newfound- 
land. 



[455.] Whitehall, 26 January : 

[On the petition of " Stephen Goodyere Merchant and 
Richard Russell Partner and Master of the Shipp the St John 
of London of the burthen of 320 tonus," a pass is granted 
for the vessel to proceed on a voyage to New Eng- 
land, Newfoundland, and Spain. Two hundred and fifty 
passengers are carried and the lading is returned as follows] :— 
40 dozen Monmouth Caps 20 dozen of Hatts 



300 barrells of Beefe 400 ells Cloth to make 

180 hogsheads of Mault shirts 

80 hogsheads of Meale 40 pounds worth Iron 



300 dozen of Stockins 
300 dozen of Shooes 
300 suites of Clothes 
300 dozen of Shirts 
300 dozen of Drawers 



Tooles 
2000 weight of Candles 
a Bell of 20c. weight 
4 Tonns of Wine 
200 Gallons of Oyle 
2000 Nailes 
3 Tonus of Strong water 



8 BarreUs of Powder 
40 Musquetts 
1000 weight of small shot 
300 hogsheads of 
Oatmeale 
200 hogsheads of Pease 
500 weight of Pewter 
1000 weight of Soape 
2 Tonns of Vinegre. 

[p. 262. H 1.] 
[C.S.P. I. p. 307.] 



[456.] Inner Star chamber, 31 January : 

Whereas John Lane of Drexham [Brixham] in the County of 
Devon Merchant did this day by his petition represent that being 
served with a Warrant from the Boord dated the 24th of 



1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL) 277 

December wherein hee is required to attend their Lordships ; 
Hee being fallen sick some dayes before and soe continuing 
still is at the present soe weake that hee is not able to travell 
as may appeare by a Certificate vnder the hand of 
Frederick Wauchope Doctor in Phisick dwelling in Totnes ; 
but soe soone as hee shalbee able, if it bee their Lordships 
pleasures, he will not faile to attend the Boord ; and humbly 
desired that his stay might bee respited till the 25th of Maich 
[permission is given with an order] not to faile to give 
his Attendance at that time. [p. 270. ^ 4.] 

[C.S.P. Dom. '39-'40. p. 409.] 

[On 21 March notice is entered that Lane attended 

according to his bond.] [p. 387 *[| 2.] 

[457.] Inner Star chamber 31 January : 

A Letter directed to the Governor and Councell of Virginia. Virginia 
Wee perceave by an Order made at the Quarter Court holden 
at James Citty in Virginia the 26th of March 1639. That 
Thomas Stegg Merchant and Jeremy Blackman Mariner 
having made an offer to furnish that Plantation with Horses 
Mares and such like Beasts of Carriage provided that they 
might bee permitted to export from thence the like number 
of Neate Cattle which Sir John Harvy Knight then Governor 
and the rest vpon consultation finding to bee of greate vse 
and consequence to the Colony and an Advancement of the 
publique good both in Warre and peace in accomodating 
Marches vpon the Enemies and discoveries with other private 
Affaires, did passe an Act in that Court wherein they did 
allowe the said Thomas Stegg and Jeremy Blackman or their 
Assignes to bring in the said Horses Mares and Assenicoes 
and to take from thence Neate Cattell accordingly, which 
Wee well approving of have thought good hereby to recom- 
mend the same vnto you the now Governour and Councell 
praying and requiring you to confirme the said former Act of 
Court and see that it bee duely kept and observed. 

[p. 283. t 2.] 
[C.S.P. I. p. 308.] 



278 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640. 



New 
England. 



Barbados. 



Newfound- 
laud. 



[458.] Whitehall, 29 ffebruary : 

[On the petition of Edward Payne, owner, and Robert 
Clay, master, of the Susan and Helen, a pass is granted 
for the vessel to proceed to New England thus freighted, 
viz] : — 



Meale 100 hogsheads 
Mault 100 quarters 
Rye 40 hogsheads 
Pease 40 quarters 
Oatmeale 30 quarters 
Candles 150 dozen 
Oates 40 quarters 
Showes 200 dozen 



Butter 200 ffirkins 
Cheese 200 waight 
Beefe 150 hogsheads 
Powder 8 Barrells 
Porcke 4 hogsheads 
Aquauit» 4 hogsheads 
Bisckett 10000 



[p. 323. 1! 1.] 



[459.] Ibid. 

[A pass for the Victory bound for Barbados with] 

200 Passengers 200 gallons of oyle 30 hogsheads of oatemeale 

250 dozen of Shoes 20000 of nayles 500 weight of pewter 

300 dozen of Shirts 3000 weight of Cheese 1000 weight of Soape 

300 dozen of drawers 60 fifirkins of Butter 2 tuns of Vineger 
SOdozenof MunmothCapps 40 Musketts 



250 peeees of Crocus 
Canvas for Cotton 



400 ells of Cloth to 

make shirts 
50 pownds woorth of 

Iron tooles 
2000 weight of Candles 
4 tunnes of wyne 



4 tuns of aqua uitse 
and strong water 
20 dozen of hatts 
8 Barrells of powder 
200 dozen of Stockings 
2000 weight of small 
shott 



40 dozen of Bootes 
40 hogsheads of Mault 
40 hogsheads of Meale 
20 Barrells of Pease 



[p. 323. % 2.] 
[460.] Whitehall, 8 March : 
'...Whereas his Majestie and the Boord did this day heare 
the Complaints of Mr. ffowell of Plymouth authorized from 
the ifishermen of the West Cuntry trading on the coast of 
Newfoundland, to complaine against Captain David Kirke 
knight and others of the Planters residing there. It was 
this day in the first place by him declared that hee did not 
complaine, neyther had Commission to complaine against the 
Plantation of that Cuntry or against the Patent granted by 
his Majestie to the Lord Marquis Hambleton the Lord 
Chamberlaine the Earle of Holland and others, but only of 
the grievous oppressions, exactions, and iniuries, by him 



1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 279 

aUedgod to bee committed against the ffishermen of the West 
cuntrey by Captain David Kirke knight and other the 
Planters residing there contrary to the provisions of his 
Majestie expressed in the sayd lietters Pattents, and contrary 
to the Ordinances setled by his Majestie with advise of the 
Boord for the goverment, and preservation of the ffishermen 
of New found land, in the 9th yeare of his-Majestys Raigne 
which Ordinances are liltewise in the saj^d Letters Pattents 
for Plantation provided for that they shall bee duely, and 
inviolably kept by all persons. Which declaration is ordered 
to bee Registred in the Councell Booke. It was likewise by 
his Majestie with advise of the Boord fm-ther ordered, that in 
reguard the sayd Complainte were of very many heads, and 
that the proofes thereof were like to prove very long, that 
his Majesties Attorney and SoUicitor generall shall take the 
said Complaynts and proofes taken by the Mayors of Plymouth, 
and Dartmouth now offered to bee shewne into consideration 
and make Report to the Boord of the true state thereof, with 
aU possible speed, and that in the meane tyme Letters shalbee 
written by the Boord in his Majestys name (in reguard infor- 
mation is given that the fishing shipps are shortly to goe on 
theyr voyage) requiring and strictly enioyning Captain Klirke 
and the planters to conform to the directions contained in the 
Letters Patent and the Ordinance already mentioned. 

[f. 351.] 
[461.] Whitehall, 11 March : 

A letter directed to Sir David Kirke knight. [Whereas Newfound- 
many grievous complaints have been made to his Majesty of ^"'^• 
your disregard of the Ordinance touching Newfoundland and 
the letters patent of the plantation, which] his Majestie and 
this Boord are not apt or hasty to believe, by reason of the 
good opinion had of your fidelity and discretion, but have 
referred the same to further examination and proofe to bee 
made whereof you shall heare further hereafter as the same 
shall fall out eyther to your condemnation or to your 
cleering and reparation for a causeless clamor against you 
But in the meane tyme wee doe by his Majesties especiall 



280 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640. 

command strictly enio3Tie and require you, that you bee very 
carefull punctually to observe and performe all the provisions 
inserted [in the documents already referred to for the 
government of Newfoundland]. 

Postscrip — Our intention by this letter is not to restreyne 
you, but that you may reserve roome for one of the Shipps 
of the Pattentees in each of the 4 harbors following 1 Petty 
Harbor 2 St Johns 3 Torbar 4 Bay of Verds, so as you 
deteyne not any more roome then is iust and necessary for 
you to make vse of. [p. 356. ^ 1.] 

[462.] Whitehall, 13 March : 
SuF. Gorges. A letter directed to Sr fEerdinando Gorge. Vpon Con- 
sideration this day had of the humble petition of Adrian 
Tucker for the payment of a summe of 111. 19s. 5d. claymed 
by him from you for wages for service done long since vnto 
you and others Adventurers to New England . . fforasmuch as it 
appeareth by Certificatt of . . . Mr. Thomas Eyre of the 31th of 
October last that the sayd Summe of 111. 19s. 5d. is iustly due 
vnto him the sayd Tucker from you for his sayd wages for three 
yeares and three monethes ended the 17th of June 1633 and 
ought to haue bene payed him out of [the 24.41. ordered on 
20 March and 28 May 1639 to be paid to the poor people 
on Mr. Thomas Eyre's register for wages due to them]. And 
that the reason why the sayd Tucker was not comprised in 
a list of those whose demaunds were formerly examined and 
ordered to bee paied, was because when the rest of the Ser- 
vants wages were audited before Sir John Wolstenholme and 
Sir Abraham Dawes, the sayd Tucker appeared not, the sayd 
Tucker being then sicke as is alleadged. [You are therefore 
to pay the said sum or to] shew Cause (if you can) why a 
iust debt soe long since due to the petitioner should not bee 
payed vnto him, for that your petition formerly exhibited 
in aunswere to the complainte of the sayd Tucker doth not 
any waies satisfie vs. [p. 366. Tf 1.] 

[463.] Whitehall, 18 March : 
Christopher. ^^^ *^® petition of the trustees for the late Earl of CarHsle 
for military stores for St. Christopher in supplement to those 



1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 281 

voted on 28 May 1639, the Lord Treasurer is required 
to give warrant for transporting thither] both such 
quantities of powder as are directed by the Order of the 28th 
of May last., and such proportionable match and shott, and 
such number of Musketts Rests and Bandoliers, as they att 
convenient tymes shall desier, and his Lordshipp shall find 
not inconvenient for his Majestys service. [p. 380. If 1.] 

[464.] Whitehall, 20 March : 

Vpon the humble petition of William Harris and Thomas Plantation 

Trade 

Deacon Cheesemongers Shewing that there is now gi-eat plenty 
of butter and Cheese in this Kingdome And that there is 
sufficient to supply all the Kings occasions att very reasonable 
prices and yet there will remaine greater quantityes of those 
Commodityes on theyr hands then they can vend whiles they 
are good which might tend to theyr Ruyne if not seasonably 
vended, and therefore did humbly desier Lycence to transport 
a thousand ffirkins of butter and five hundred weigh of 
Cheese from the Port of London to any of his Majestys forraigne 
plantations paying his Majestie such Customes and dutyes as 
hath ben vsuall [the petition is granted]. [p. 382. ^ 2.] 

[On the 27th, John Bailey having a great quantity of good 
cheese left on his hands after provisioning the King's Army 
in the North, is permitted to furnish the plantations with 
•WO weys at 2kZ. per lb.] [P- 407. ^ 1.] 

[On 10 April license to export 300 weys of cheese to the 
plantations is granted to John Chesten and Dennis Gauden, 
they having after the Scottish expedition purchased large 
quantities from John Crane, victualler for the Navy, at 
36/8 and 40/- per wey.J [p. 434. If 1.] 



CHARLES I. VOLUME XVII. Part 2. (Ap.-Sep. 1640). 

[465.] Whitehall, 10 AprU : 

[A pass to New England, Newfoundland and Spain for Plantation 
the Hopewell of Barnstaple, carrying : — ] 

120 Passengers 015 : hogsheads of Porke 

060 : quarters of Wheate and 060 : farkins of Bacon 

Wheate Meale 060 : hundredweight of Cheese 



Plantation 
Trade. 



Plantation 
Trade. 



282 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640. 

040 : quarters of Bye and Bye 030 : Hundredweight of Tallow and 

meale suett 

040 : quarters of Oates and oate- 100 : dozen of Shooes 

meale 

100 : quarters of Mault and Barley 020 : hundredweight of Candles 

040 : quarters of Pease 010 : BarreUs of Gun-powder 
030 : hogsheads of Beefe 

[In justification of the export of provisions, the petitioners 
plead parenthetically] — the rather for that those parts have 
(God be praysed) plentifully abounded this yeare with all 
manner of Graine and other provisions. [p. 428. f 1.] 

[466.] WhitehaU, 10 April : 

[A pass for Matthew Abroy, master of the Hopewell of 
London, lately returned to Bristol from New England, New- 
foundland, and Malaga in Spain, to repeat the voyage, carry- 
ing on the outward journey : — ] 

Passengers . . . . 120 Porke 15 : hogseheads 

Wheate and wheat meale 060 : qra Bacon 60 : ffirkins 

Bye and Bye meale . . 040 qrs Cheese 60 : C. 

Oates and Oate Meale . . 040 : qrs Tallow and suet . . 30 : C 

Mault and Barley 100 qt Shooes 100 : dozen 

Pease 040 qrs Candles 20 : C 

Beefe 30 hogseheads. Gunpowder . . . . 10 Barrells. 

[p. 429. H I.] 
[467.] Ibid. 

[A similar pass for the Charles of Bristol, with — ] 

250 Passengers 004 Toims of Wyne 

300 Barrells of Beefe 200 Gallons of Gyle 

100 Barrells of Butter 20000 of Nayles 

200 Kentills of Cheese 040 Musketta 

080 hogesheads of Molt 003 Tonns of strong water 

080 hogseheads of Meale 020 dozen of Hatts 

300 dozen of Stookins 008 Barrells of Powder 

300 dozen of Shirts 050 dozen of Bootes 

300 suites of Clothes 040 hogseheads of Pease 

300 dozen of Drawers 040 hogseheads of oatemeale 

300 dozen of shooes 002 Tonns of Vinigere 

040 dozen of Munmoth Capps 040 quarters of Come 

400 Ells of Cloth for shirts 1000 weight of smaU Shott 

1001. worth of Iron Tooles 500 weight of Pewter 

2000 weight of Candles 1000 weight of Soape 

012 Tonns of sheet Lead. 

[p. 430. ^ 1.] 



1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 283 

[468.] WhitehaU, 10 April : 

[A similar pass for the William and John of Bristol Plantation 
with—] T^^'l^- 



060 Passengers 

060 dozen of shooes 

020 hogsheads of Beefe 

020 peeces of broad cloth to 

make suits 
2500 bushells of Mault in Bulke 
050 barrells of Butter 
020 hundred of Cheese 
012 Tonns of Lead 
010 dozen of hatts 



200 ells of Lynnen Cloth for shirts 

020 dozen of Drawers 

20 dozen of Monmoth Caps 

020?. worth of Iron Tooles 

010 Barrells of Oatemeale 

020 barreUs of Meale 

020 barrells of pease 

2 Tonns of strongwater 

2 Tonus of W3fne. 

[p. 431. 11 1.] 



[469.] Whitehall, 27 May : 

[A pass for the Charles of Gloucester, a new ship, to go Plantation 
to the Plantations and Newfoundland with — ] 



Trade. 



100 pa.ssengers 
80 hogsheades of Mault 
40 hogsheades of Meale 
150 dozen of Stockings 
150 dozen of Shooes 
500 yards of WoUen cloth 
20 dozen of Bootes 



400 elles of linen 40 hogsheades of Pease 

Cloth for Shirtes 1 Tonne of Soape 

40?. worth of Iron Tooles 150 dozen of Pins 

20c. weight of Candles 4 Tonn of Cheese 

5000 weight of Nailes 30 barrells of Butter 

2 Tons of Strongwaters 50 head of Neat Cattle 

40 hogsheades of 50?. worth woUen Cloth 

Oatemeale to make suites. 

10 dozen of Hatts 



[In the petition it is said that the trade of Gloucester] by 
reason of the shelves and foulnesse of the River (which the 
Petitioners together with divers other Merchants intend to 
cleere, and make navigable and fit for Trade as formerly) 
is much neglected and decayed. [p. 509 ]] I.] 



[470.] Ibid. 

[A like pass for the Amity 



of London, carrying — ] 



120 Passengers 
100 Hogsheades of Meale 
50 hogsheades of Mault 
20 hogsheades of Oat- 

meale 
80 ffirkins of Butter 



300 weight of Cheese 
60 dozen of shoes 
2000 wt. of Bisquit. 
80 dozen of Candles 
30 ffirkins of Suett 



8 hogsheades of Beefe 
26 hogsheades of Pease 
6 Barrells of Powder 
30 Musquetts. 



[p. 510. 1| 1.] 



284 ACTS OP THE PRIVY COUNCIL (COLONIAL). [J 640. 

[471.] WhitehaU, 15 July: 
Bermudas Whereas theyr Lordshipps were this day informed that the 

Shipp the Diamond whereof Thomas Burton is Master and 
sett forth by Maurice Thompson and others is now att Graves- 
end and ready to sett sayle as is supposed for the Summer 
Islands . . . the Earle of Northumberland Lord Generall of 
his Majesties Army and Lord high Admiral! of England [is] 
to cause stay to bee forthwith made of the sayd shipp the 
Diamond untill theyre Lordshipps have receaved further 
Information and shall give further order herein. 

[p. 633. H 5.] 

[472.] WhitehaU, 26 July : 
Virginia. Whereas his Majestic and the Board were this day informed 

that the Gouernor and Councell of Virginia had corapla3Tied 
against Richard Kempe Esqr. Secretary of that Colony whoe 
being questioned for some very scandalous speeches charged 
upon him against the Lord Arch Bishop of Canterbury his 
Grace, secretly departed without Lycence into England 
leaving the Records and other papers in that Colony both 
concerning his Majesties Service, and private mens Interests 
in great confusion, and had complayned likewise against one 
Dyer Master of a Shipp for transporting the said Kempe 
without lycence, out of the Colony which Complaints were 
referred by the Lords Commissioners for forayne Plantations 
under the Great Seale of England to the Lord Goring Sir 
Thomas Rowe and other the Subcommittees for forayne 
Plantations who did convent before them the sayd Richard 
Kempe and PhiUp Dyer and acquainted them with the sayd 
complainte and reference unto them whoe for Aunswere there- 
unto produced unto them a petition of his owne unto his 
Majestic pretending to informe his Majestie of some thinges 
done there, by the Governor, and Councell to the preiudice of 
his Majesties Revenew and that he came away to informe 
his Majestie thereof. And further by the sayd petition desiered 
that instead of being referred unto them the Subcommittee 
for foraigne Plantations for the Examination of his sayd 



1640.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 285 

Information and his coming away thereupon he might bee 
referred unto some honorable persons by him named in the 
sayd petition. And shewed them a Reference from his Majestic 
of the 14th of this Moneth to the effect by him desiered and 
a Coppie of a Letter from his Majestic to the Goiiernors and 
CounceU of Virginia by which his Majestic doth approve of 
the said Kemps coming away and of the sayd Dyers trans- 
porting of him, the business being lefte to bee examined 
afterwards by the said Referrces Whereupon the sayd Com- 
mittee did forbeare any further proceeding upon the Reference 
of the Lords Commissioners for fforayne Plantations and did 
now represent the same to his Majestic and the Board. 
[His Majesty, considering the irregular procuring of his 
own letter and reference, revokes these, and renews the 
reference of 19 July to the Sub-Committee, who are to report 
the matter for final decision to the Commissioners for 
Foreign Plantations.] [p. 665. Tf 1.] 

[473.] *Whitehall, 31 July: 

Whereas an humble petition was presented to theire Lord- Virginia and 
shipps in the name of the Gouernor Councell and Burgesses of ^^'^''yi'^nd. 
of the Grand Assembly in Virginia Shewing That his Majestic 
and the Board had bine pleased from tyme to tyme, to require 
the Gouernor and Councell of Virginia by Instructions directed 
to them to cause the people there, to lessen the quantityes of 
their Tobacco, and to ymploy themselves to the raysing of 
some more staple commodityes which was never yet duly 
executed though the same hath bine often treated on att 
Grand AssembKcs The great Ingagements and debts of the 
Planters specified in Tobacco having hitherto byn constantly 
pleaded as the maine obstacle and pretended impossibihty 
for the effecting thereof and hath still occasioned the Planting 
of such great and vast quantityes of Tobacco whereby the 
sayd Comodity is brought to noe esteme or value to the great 

* This section itself is imdated, but the following section is dated 31 July. 
Both occur on interpolated leaves, found according to a memorandum 
inserted in the Register — "by Mr. Lemon in the month of January 1856 in the 
State Paper Office, where they had been for above 160 years among some 
undated papers relating to Trade and Plantations." 



286 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640. 

loss and preiudice of the Adventurers and the utter ruine of 
the Planters in theire maintenance and subsistence That for 
redress therein and for the Advancement of the price of Tobaccoe 
de futuro, the principall Marchants and most considerable 
number of Adventurers to the said Colony had by propositions 
subscribed with theire hands and transmitted thither the last 
yeare 1639 consented and agreed That in case all the Tobacco 
planted there in the sayd yeare 1639 were absolutely destroyed 
and burnt, Excepting onely soe much in equall proportion 
for each Planter as should make in the whole Twelve hundred 
thousand pounds of the Absolute best of the sayd Tobacco, 
and noe more, and that the same have all the Stalks stripped 
forth and smoothed. That in consideration thereof they were 
content to accept and receive fforty pounds of the sayd best 
Tobacco soe stripped and smoothed in full satisfaction of 
every hundred pound weight of Tobacco then due unto them, 
and which should grow due unto them for any goods solde 
untill or before the Publication thereof in Virginia. Provided 
that the said iOlb. wt. for every hundred wt. bee paid att such 
tymes respectively as the sayd debts shall grow due. And 
further that in two yeares then next ensuing vizt 1640 and 
1641 such restrainte bee had in planting as that there bee 
onely made twelve hundred thousand weight yearely of the 
like good absolute Tobacco strippt and smoothed and noe 
more, and if there bee any surplus beyond that quantity 
the same to bee yearely destroyed and burnt in consideration 
of the aforesayd Abatements. Which aforesayd Propositions 
haveing bin debated and duly weighed att the Grand Assembly 
in Virginia summoned by the new Gouernor Sir ffrancis Wyatt 
presently after his comeing over, and the same being 
found and conceived to bee for the Advancement of the sayd 
Commodity and theire aU good and prosperity of the 
said Colony as likewise the ready and onely meanes in con- 
formity to the sayd Instructions of his Majestic and this 
Board for the gayning of tyme towards the raysing of more 
usefuU and profitable Commodityes hytherto wholly neglected 
through the sole intendment of Tobacco. .The sayd Assembly 



1640.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 287 

in discharge of theire dutyes to his Majestie and the Weale 
publique did thereupon thinke fitt to comply with the sayd 
Propositions or att least with the intent of them testified by 
divers present att the subscription, by enacting a Law in the 
first place for the burning of all the bad Tobacco of that 
yeere 1639 which being done, in reguard by such burning of 
the bad as aforesaid, it was found that the Tobacco would 
not bee reduced and lessened to the proportion desiered in 
the Propositions It was thereupon further ordered that halfe 
the good Tobacco should bee likewise destroyed and burned. 
And that for the then two next ensueing yeares there should 
not bee planted above twelve hundred thousand weight per 
Annum within the sayd Colony and the same to have the 
stalkes striped forth and smoothed. [Now, although most 
of the planters and adventurers subscribed these pro- 
positions, yet some individuals who were not present 
and did not subscribe may] upon pretence of Injustice 
done unto them by such burninges and destroying of 
theire Goods traduce the good intents of the petitioners 
by Complainte to this Board aggravating the bare Acts 
without the Circumstances thereof [or bring actions against 
their agents in VirgiDia or against the Governor and Assembly, 
the petitioners therefore seek confirmation of the Act by 
the Council, with a further order] to other Plantations especially 
to those that are neighbouring and confyneing on them within 
the auntient bounds and lymitts of Virginia that there bee the 
like stinting and regulation of Tobacco there, because other- 
wise it may be doubted that the excessive quantityes planted 
by them will keepe the same still as despicable a drugg as it 
is besides the desier of planting att their full Uberty will induce 
numbers to .remove from Virginia, whereby the sayd Colony 
would in short tyme bee deserted. [Lastly, in consideration 
of the pubhc charges akeady heavy on the planters and now 
to be more heavy by reason of the stinting of tobacco, the 
petitioners pray his Majesty to remit the arrearages of the 
quitrents of twelve pence on every fifty acres of land, 
promising to pay these thenceforth as they should fall due. 



288 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640. 

The petition was remitted to the Rub-committee for Foreign 
Plantations who reported that on consideration of the 
petition and of Lord Baltimore's objections against the restraint 
of neighbouring plantations, they were of opinion] that they 
of MaryLand ought to conforme themselves for the future 
in theire planting of Tobacco, to a proportion agreable to the 
sayd Reglement now established in Virginia. [The only part 
of Lord Baltimore's objections which appears material or 
considerable concerns provision of shipping for their yearly 
supply of clothes and other necessaries out of England, and 
to meet this demand it is recommended that there be 
allotted to Maryland such part of the shipping sailing for 
Virginia as they shall demand or as shall be otherwise 
assigned unto them by the Commissioners for Foreign Plan- 
tations or by the Sub-committee. It is recommended that 
the arrears of quitrents be remitted — ] the rather for that 
the gathering of the sayd Arerages woulde bee very difficulte 
(if not impossible) in reguard scarce the hundreth parte of 
the sayd Lands hath been planted, and manured, being taken 
up, more to keepe the clayme on foot then for any benifitt 
made thereof [Finally it is recommended that the regu- 
lations be ratified as desired and entered in the Book of 
Council Causes. This report of the Sub-committee is approved 
and confirmed by the Council save in respect of the stinting 
of Maryland tobacco. This is not to be enforced during the 
present two year term specified in the Virginia Act, but if the 
regulation should be continued for any longer time in Vir- 
ginia] then the sayd Reglement and restrainte shalbee estab- 
lished and observed in MaryLand for such tyme and in such 
manner as the same shalbee continewed in Virginia. 

[pp. 680 a-d.] 

[474.] Hampton Court, 6 September : 

Hantation [Passes for the Honour, the Oeorge and Rebecca, the Richard 
and Anne, the Gift of God, and the Dorset, aU of London, to 
sail for Virginia, with lading given for four of them as 
follows :] 



1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 289 



150 Passengers 
150 dozen of shooes 
90 doz. of shirts 
65 doz. of drawers 
25 doz. of Monmouth 

Caps 
800 ells Linnen Cloth for 

shirts 



The Honor. 
60 dozen of Candles 1500 weight of Cheese 
6 BarreUes of Gunpowder 3 Tunnes of Wine 



9000 weight of shot 
3000 weight of Soape 
150 Suits of Clothes 
30 doz. of WoUen 

Stockings 
80 doz. of Irish 



15 Peices of WoUen Cloth Stockings 

to make Suites 15 doz. of Wastcoates 

30' worth of Iron Tooles 15 doz. of Hatts 
10™ ot Nayles. 30 ffirkins of Butter 



The George and Rebecca 

140 Passengers 
140 dozen of shooes 
80 dozen of shirts 
60 dozen of Drawers 
20 dozen of Monmouth 

Caps 
12 peices WoUen Cloth 

for Suits 
500 elles Liimen Cloth 

for shirtes 
25' worth of Iron Tooles 
80 thousand of Nailes 
46 dozen oi Candles 
6 barrells of Powder 
6000 of shott 
2000 of Soape 
40 Suites of Clothes 
25 dozen woUen stockings 
70 dozen Irish stocking 
12 dozen of Wastcoates 
10 doz. of hatts 
25 ffirkins of Butter 
12c. pound wt. of Cheese 
3 Tunus of Wines 
150 Gallons of Oyle 
12 hogsheads Mault 
30 Musquetes 8 barr: 

Meale 
6 hogsheads Vinegar 
600 of Pewter 
400 ells Canvasse 
50 cases of Strongwater 



200 Gallons of Oyle 
200 Gallons of Strong 

waters 
16 hogshead es of Mault 
30 Musquets 
8 Barrells of Meale 
8 hogsheades of Vinigar 
100 weight of pewter 
600 ells of Canvasse 

The Dorsett. 

100 Passengers 

5 quarters of Mault 

10 dozen of shooes 

30 ffirkins of Butter 

20e. weight of Cheese 

10 barrells of Powder 

20000 nailes of all sorts 

900 wt. of smaU shot 

70 doz. of Candles 

50 hogsheads Oatmeale 

100 wt. Pewter 

3 Tun of ffir. and Spanish 

wines 
2 Tuns of strong waters 
Clothes for 100 Servants 

Suits 
Caps, stockings, a,nd 

Hamackoes, 80 cases 

[At the same time the 
Charles of London 
has a pass for the Sum- 
mer Islands, carrying 
passengers, and] 
20 Barrells of Gunpowder 
100 Musquets and Banda- 

hers 
50 haUe Pikes 
2000 wt. of shot : 1000 

of Match 
20 hogsheads of Meale 
100 dozen of Candles 
150 dozen of Shooes 

[p. 714. ^ 3.] 
[For the Honour, C.S.P. I. p. 315.] 

19 



The Gui/t of God 

100 Passengers 
100 dozen of shooes 
60 dozen of drawers 
15 dozen of Mon- 
mouth Capps 
200 ells of Linnen 

Cloth for shirts 
10 peices of WoUen 
Cloth for suites 
20' worth Iron Tooles 
50 thousand of Nailes 
40 dozen of Candles 
40 barreUs of powder 
6000 weight of shot 
2000 weight of Soape 
100 suites of cloth 
20 dozen of stockings 
10 dozen of Wastcoates 
10 dozen of Hatts 
20 ffirkins of Butter 
1000 weight of cheese 
2 Tuns of Wine 
100 Gallons of Oyle 
120 GaUons of Strong- 
water 
20 Musquets 
60 busheUs of Mault 
40 busheUs of Meale 
4 hogsheads of 

Vinegar 
500 weight of Pewter. 



290 ACTS OF THE PRIVY COUNCIL (COLONIAL). L1640. 
[475.] Whitehall, 9 September : 
Newfound- [j^ the ease of the complaints of the Devonshire men 
using the Newfoundland fisheries against Sir David Kirke 
and other planters there, the Attorney and Solicitor General 
to whom the matter was remitted on the 8th of March, report 
that the truth of the matter set forth in the petition is con- 
troverted and in part denied by the defendants, and recom- 
mend] that a Commission bee awarded into the Westerns 
parte where the Witnesses reside, to examine the truth of all 
the matters complajnied of. [The Council accordingly order 
such a Commission to be drawn up by the Lord Keeper for] 
such persons as his Lordship shall thinke fit to name and 
appoint for that purpose. [p. 722. T| 1.] 

[C.S.P. L p. 315.] 



CHAELES I. VOL. XVIIT. (4 Oct. 1640-30 Aug. 1645.) 
[476.] Whitehall, 29 November: 

St. Lucia. [Captain Philip Bell representing to the Board] that 

there is an Island in the West India called Santa Ijucia not 
farre distant from Barbados lately planted by the English who 
are now in great want for food and Cloathing and of Armes, and 
Amunition whereljy to keepe and maintaine the said Island 
and defend themselves from the enemies and Indians. And 
therefore humbly besought theire Lordshipps to grant him 
Fiycence to transport and cary to the said Island one hundred 
and forty passengers with such goods and provisions as is 
hereunder specified, [license is accordingly given to him to 
transport to St. Lucia in the Friendship of London (Peter 
Dod master): — ] 

140 Passengers 30 Hogsheds of Meale 

10000 Weight of Shot 50 ffirkings of Butter 

1000 Weight of Soape 2000 of Cheese 

30 Musketts 600 Dozen of CandeUs 

200 Weight of Pewter 20 Hogsheds of Maulte 

300 dozen of Shooes 20 Barrells of Powder. 

[p. 60. H 2.] 



1»41.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 291 

[477.] Whitehall, 17 January : 

[Captain Hawley's estate having been sequestrated according Barbados, 
to the Order of 15 January 1640], His Majestie and their 
Lordships having this day fully heard aswell the now Earle 
of Carlile and some of the ffeoffees of the late Earl of Carlile, 
as the said Captaine Hawley and CounceU on both sides. 
It was . . ordered . . . That the said Captaine 
Hawley or his Assignes shalbee forthwith put into quiet 
possession of all his Estate in Lands and Goods whereof hee 
was (by vertue of the said Sequestration) dispossessed, or of 
soe much thereof as shalbee now remayning. And that the 
now Earle and the said ffeoffees shall give good Security to 
make good and satisfy unto the said Captaine Hawley what- 
soever he shalbee damnified in his said Estate by the said 
Sequestration. [On the other hand] Captaine Hawley shall 
give Security to bee responsible to the said ffeoffees for 
soe much as shall upon a just Accompt appeare to bee due 
from him to the said late Earle or his Lordships ffeoffees 
shortly after hee shall have possession of his said Estate 
[Even if there is delay or difficulty about the giving of security 
by any of the parties, Hawley's estate is to be restored forth- 
with. If the securities be not given, the parties are left for 
satisfaction of their respective claims for debt or damages 
to the course of law. Hawley is neither to give security nor 
to be sued before he has been repossessed of his estate. 
Sergeant Major Huncks or whoever is now Governor of the 
Island is to see to the speedy and complete execution of the 
orders of the Board. [p. 79. 1| 1.] 

[C.S.P. L p. 317.] 
[478.] Whitehall, 31 March: 

A Letter directed to the Lord high Treasurer of England New 

England. 

Whereas the Merchants Planters of New England have by 
their petition complained that they have not been nor yet 
are permitted to ffreight their Ships and to transport to the 
said Plantations necessary Commodities for the safeguard and 
defence thereof, as also for the support and rehefe of the 
Inhabitants there. [Order is to given allowing them to 



292 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1641. 



transport not only passengers, but also all such commodities 
as by their charter they are permitted and allowed to do.J 

[p. 111. ^ 1.] 
[479.] Whitehall, 23 September : 
Virginia. A letter directing the Treasury, despite orders prohibiting 

the export of certain of the goods, to grant passes for 
Richard Quincy, William Allen, and other Virginia merhants 
and planters, to transport thither in the Rebecca and the 
Honour of London besides 1 40 and 1 60 passengers respectively 
the following stores] to supply the wants of many thousands 
of his Majesties Subiects there being otherwise unable to 
Cloth and defend themselves. 

In the Rebecca of London. 
30 Musketta and fowling pieces, 2000 of Iron and Steele, 



4 dozen of course Pettycoates 

and wastcoats, 
4 dozen of course felt hatts, 
300 course Cloth suites, 

4 dozen of boddyes for women, 
50 course Ruggs, 
100 course bedticks and matterises, 

12 stufie sutes, 
100 Come sacks, 
1800 Ells of Canvas and Vitrys, 
1800 Ells of Lockaram, 
1000 weight of gunpowder, 
1200 weight of Shott and buUetts, 
1500 weight of Soape, 400 weight 

of Suger, 
1500 weight of Currans, Raisons, 
and pruins. 
50 pound of all sort of spices. 
100 pound of pepper, 100 pound 

of pewter. 
100 pound of black, brown and 

other thread. 
100 gallons of Sallet oyle, 
200000 of Nayles, 100 of Cheese. 

haberdashers wares to the value 



20 dozen of wollen Stockinn, 
120 dozen of course shirts and 

smocks, 
200dozen of shoes, 100 doz. of Candles, 
80 doz of Axes and Heads. 
12 doz of Sythes and sickles 
200 doz. of Irish and cotton stockina 
20 doz of Munmouth Copps 
50 doz of Cotton Wastcoates 
50 dozen of vitry drawers[?] 
10 peices of course broad cloth 
15 peices of course kersey. 
20 peices of course ffreeze. 
20 peices of course Cottons 
15 peices of perpetuanaes 
40 peices of course Holland and 
dowlasse 

15 hogsh. of Malt, 16 hogsh. of Salt. 
8 hogsh. of Meale, 8 hogsh. of Wyne. 

16 hogsh. of Viniger, 12 firkins of 

butter. 
400 gallons of strong water and 

Aquavitae 
10 barrells of plough Irons, haspes, 

hinges, and garnetts 
of 101. 



In the Honor of London. 
10 barrells of gunpowder, 2000 20 hogsh. of Salt, 5 Tonns of Wyne 

weight of shott, 5 Tonns of Viniger, 8 barrells of 



60 fowling peices and Musketts 



oyle 



1641.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 293 



200 



2000 
4000 
5000 

100 
800 
800 
200 
10 



dozen of shoes, 200 doz. of 

Candles, 
hogsh. of Meale, 12 hogsh. of 

Malt. 
Ells of course Canvas 
Ells of course Lockaram 
Ells of dowlas, 20 barrells of 

Nayles 
dozen of Axes and Heads 
yards of course Sreeze 
yards of course Cottons 
dozen of Irish stockins 
firkins of butter, 10 barrells 

of plough Irons, 



[480.] Whitehall, 9 and 20 



80 cases of strong water, 2 Tonns 
of Aquavita 
300 course Cloth sutes, 300 Canvis 
Sutes, 
20 doz of Monmodth Capps, 2000 
weight of Soape 
500 weight of suger, 100 weight of 
pepper. 
40 pound of severaU sorts of spices 
1900 weight of Raisons, Currants, and 
Pruans. 
20 doz of wollen stockins 
10 dozen of black and browne thread 
10 peices of course broad Cloth 
15 peices of course perpetuanaes 
1200 weight of Cheese, 12 dozen of 
Hatts 

[p. 181. II 3.] 
October : 



[A pass for the Mayflower of London, John Cole master, Vir-inia. 
to proceed to Virginia with — ] 



passengers 
350 Ells of Canvas 
160 Ells of Holland 
600 EUs of blew linning 
600 peices of white CalUcoe 
550 peices of Lockaram 
100 cases of strong water 
100 gallons of strong water in 
Rundletts 

40 peices of kersey 

10 peeces of ffreezes 
100 dozen of Irish stockins 

40 Ruggs and other bedding 
100 dozen of Candles. 

20m. of Bread. 
Im. of fiish 50 gallons of oyle 

20 fSrkins of butter 



400 dozen of Shooes 

300m. of Nayles of all sorts 

50 dozen of Baggs 
4 Tonus of Canary Wine 

10 peices of broad Cloth. 

10 hogsheads of Meale and flower 

12 cases of Soape cont. 60001. 

1 hogshead of thread cont 6001. 
30 kettles 20 potts 

20 stewing panns 

4 frying panns 

haberdashers' ware 401. sterling. 
24 hogsheads of Beefe 
40 Tonns of Beere 
60 busheUs of Pease 

2 barrells of Gate Meale 
40 dozen of Candles 



16 barrells of gunpowder 

[This warrant is dated the 20th and is followed by another 

of the 9th permitting Lawrence Greene, merchant, to ship in 

the same vessel] — 

20 Passengers 200000m. of Nayles 

1500 Ells of Canvas 39 Iron Potts and Kettles 

450 Ells of Lockaram 6 stewing panns 

830 Ells of Isingham Holland 12 Chafing dishes 

30 EUs of bagg HoUaud 24 frying panns 



Virginia and 
Bermudas. 



294 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1641 

400 Ells of blew Linning 280 gallons of strong water 

50 peices of Callicoe 400 gaUons of Canary wine 

500 yards of Hreeze 2000 weight of hard soape 

250 pound of course thread 35 dozen of Shoes 

haberdashers wares to ye value of 101. 2 hogsheads of Malt 
50 dozen of Irish stockins. 2 hogsheads of fflower. 

[p. 186. II 1.1 

[481.] Whitehall, 12 December: 

[A warrant for the ship Dorsett of London to sail to 
Virginia with] — 



150 Cotton. 

OlOBarrells Malt . 



Passengers 

Powder 

Peeces 030 

Shott 2000 

Servants shutes Course . . 300 

Shirts 040 dozen 

Shooes 300 dozen 

Candles 100 dozen 

Canvis 2000 ells 

Tregers 400 ells 

Lockrum 2500 ells 

Nayles 0200 m. 

Howes and Axes . . . . 40 doz 
Course Broad-Cloth . . 10 peeces 

Course Carseyes . . . . 020 peeces 
Irish Stockins . . . . 150 doz. 



20 oeoes 
06 Hogsh. 

Salt 12 hogsh. 

06 hogsh. 
20 dozen 
04 Tonns 
15 peeces 
03 Tonns 
150 Cases 
03 Tonns 



Meal 

Monmouth Capps 

Wine 

Perpetuanies 

Sack 

Strongwaters 

Viniger 

Oyle OSBarrells 



Hard Soape 
Sema Reasons . . 
Course frise 
Haberdashery Weares 
of all sorts . . 



25001bs. 
2000 pound 
0020 peeces 

50 pound. 



[A similar pass is granted for the Friendship of London, 
bound for the Somers Islands with — ] 

Salt 12 hogsh. 

Monmouth Caps . . 20 doz 

Wine 04 Tonna 

Perpetuanes . . . . 12 peeces 

Strong Waters . . . . 30 Cases 

Aqua vitae 02 Tonus 

Oyle 01 hogsh 

Hard Soape . . . . 2300 pound. 

Haberdasheries' wares 

of all sorts . . . . 40 pound. 

[p. 199. f 1.] 
[C.S.P. I. pp. 322-3.] 
[482.] Whitehall, 15 December : 

West Indies. A Passe for CoUonel ffrancis Trafford to go to the parts of 
America and the West Indies and to take with him his 



30 

Servants shutes Course . . 300 

Shirts 20 doz 

Shooes 100 doz 

Canvis 2000 ells 

Lockrum 2000 ells 

Tregers 1000 ells 

Nayles 200 m 

Howes and Axes . . . . 010 doz 
Irish Stockins . . . . 050 doz 
Cotton 020 peeces 



1641-60.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 295 

servants with his Truncks of Apparell and other Necessaries, 

with the Proviso not to go to Rome and the Usuall Clause to 

the Searchers. [p. 202. ^3.] 

[C.S.P. I. p. 323.] 
[483.] Whitehall, 29 December : 

[A warrant for the Samson and the Discovery of London West indies, 
to go to the Caribbee Islands on the account of Edward 
and Maurice Thomson and Edward Snelling, merchants and 
adventurers to his Majesty's plantations in America, the 
lading including for the use, service, and defence of the plan- 
tation, the following prohibited commodities, viz. — 500 dozen 
shoes, 200 swords and 200 muskets.] [p. 205. *f 1.] 



CHARLES II. VOL. I. (3 May 1649-28 Sep. 1660). 

[484.] Whitehall, 4 July, 1660 : 
Upon a petition presented to his Majestic by divers Merchants Committee 

for 

and others, interessed in, and Tradinge to the English Plan- Plantations. 

tations in America, exposinge the good behauiour and great 

Meritt of Colonell James Russell (late Gouernor of the Island 

of Nevis in the West Indies) : And humbly beseechinge his 

Majestie to graunt his Comission for contynuance of him 

the said Colonell Russell ia the Gouernment of the said 

Island ; His Majestie this day sittinge in CouncUl hath 

appointed the Lord Chamberlin, the Earle of Southampton, 

the Earle of Leicester, the Lord Viscount Say and Scale, the 

Lord Roberts, Mr. DenziU Holies, Mr. Secretary Nicholas 

Mr. vSecretary Morice, Mr. Arthur Annesley, and Sir Anthony 

Ashley Cooper or any three or more of them, to meet and 

sitt as a Committee euery Munday and Thursday at Three 

of the Clock in the afternoone, to receive, heare, examine, and 

deliberate upon any Petitions, propositions, Memorialls, or 

other Addresses which shalbee presented or brought in by any 

person or persons concerninge the Plantations, as well in the 

Continent as Islands of America : And from tyme to tyme 

make their Report to this Bord of their proceedJnges. 

[p. 63. IT 1.] 
[C.S.P. I. p. 483.] 



296 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1660. 

[485.] Whitehall, 16 July : 
West Indies. Seuerall of the Lords then sitting as a Comittee, touching 
the Plantations of the Islands and Continent of America, And 
having heard the Lord WiUoughby of Parham, who derives his 
Title from the Earle of CarUsle for the Gouernment of the 
Province of Carliola, wherein those Islands are contayned, 
As also touching his Lordships pretence to a Grant of part of 
Guiana, wherein Saranam, a Plantation of his Lordships, is 
comprehended, Upon the one part, and upon the other part, 
having heard seuerall Merchants Planters in the Barbadoes 
against the deriuatiue Authority and desires of the said Lord 
WiUoughby, both touching the Gouerment of those Islands, 
and the Grant of part of Guiana, [the Committee are 
directed to hear both parties on the 26th, and report to 
the Council]. [p. 82. ][ 2.] 

[C.S.P. I. pp. 483-4.] 

[486.] Whitehall, 26 July : 

Kidnapping. To the Cheife Officers of his Majestys Customes in the Port 
of London, and to all Searchers and other Officers and 
Ministers in the said Porte or at Graues-End or elswhere 
whom it may concerne. Whereas an Information hath been 
this day giuen at this Board, That diuerse Children from their 
Parents, and Seruants from their Masters, are dayUe inticed 
away, taken upp, and kept from their said Parents and Masters 
against their Wills, by Merchants, Planters, Commanders of 
Shipps, and Seamen trading to Virginia, Barbado's, Charibee 
Islands and other parts of the West Indies, and their Factors 
and Agents, and shipped away to make Sale and Merchandize 
of, And if it happen any such bee found and discouered on 
board of any Shipp or Vessell outward bound, and the said 
Parents, Masters or other freinds of such Children or Seruants 
demaund or require them of the said Merchants, Planters, 
Commanders of Shipps or Seamen, Yet they will not lett them 
goe, or sett them free, unlesse they have such Composition 
for releasing them, as they shall rest satisfyed with ; A thinge 
so barbarous and inhumane, that Nature itself, much more 



1660.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 297 

Christians, cannot but abhorre. And whereas this Board 

was Informed, That, at this tyme, there is a Shipp, called 

the Seuen Brothers, lately fallen downe towards Graues-End, 

and two other Shipps in the Riuer of Thames in good f orward- 

nesse to follow after in which there are sundry such Children 

and Seruants of seuerall Parents and Masters, so deceived and 

inticed away Cryinge and Mourninge for Redemption from 

their Slauery. [The searchers and other officers at Gravesend 

and in the Thames are to board these vessels and examine 

the truth of the complaint, discharging any persons found 

forcibly detained and in case of resistance placing the ship 

under arrest and bringing the Masters before the Council. If 

the Seven Brothers have left Gravesend, it is to be stopped in 

the Downs and similar measures taken there.] 

IfPV- 92-93.] 
[487.] WhitehaU, 26 July: 

A letter to the Earl of Carlisle. [The Committee of Plan- West indies. 
tations] have this day heard a long debate between the Lord 
Willoughby of Parham and the Planters of Carhola, Wherein 
your Lordshipps Interest, aswell as the pretensions of others 
persons, seemes to bee much concerned. And because wee 
cannot make any cleare or satisfactory Report to his Majestie 
or CounciU untill we haue had further Inspection into the 
Grounds of the severall pretenders. Our desire is. That your 
Lordshipp bee Pleased to send unto Us eyther the Originalls 
or authentique Coppies of those seuerall Concessions and 
Grants, which the late Earle (your Father) or your Lordshipp 
haue had from the Crowne, those to bee heere ready to bee 
produced at our meetinge appointed on Thursday the second 
of August next. [p. 94. ^1.] 

[488.] Whitehall : 17 August : 

FA letter to the Lord Mayor and Aldermen of London.] Committee 

of Trade 

The Turkye, the Merchant Aduenturers, the East-India, 
Greenland and East-Land Companys and likewise the iucor- 
porated Traders for Spain, France, Portugall, Italy, and the 
Weft-India Plantations [are to be desired] to present unto 



298 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1660. 



Jamaica. 



Navigation 

Act. 



his Majestie, the Names of fowre of their most knowing actiue 
Men (of whom, when his Majestie shall haue chosen two, and 
unto this Number of Merchants added some other able and 
well experienced persons, dignifyed also with the presence 
and assistance of some of his Majesties Privy CouncUl) All 
these to bee by his Majestie appointed, constituted, and 
authorised, by Comission under the Great Scale, a^ a Standinge- 
Comittee, to inquire into, and certify all thinges tending to 
the Advancement of Trade and Commerce ; That so by their 
prudent and faithfull Councill and Advice, his Majestie may 
(now in this conjuncture, whil'st most Foraigne Princes and 
Potentates doe, upon his Majesties most happy estabhshment 
upon his Throne, seeke to renew their former AUyances with 
this Crowne) insert into the seuerall Treatyes, such Articles 
and Clauses as may render this Nation more prosperous and 
flourishing in Trade and Comerce. Thus by Prudence, Care, 
and Tndustr}^ improuinge those great Advantages to the 
highest point of Felicity, which by its admirable situation, 
Nature seemes to have indulged to this his Majesties King- 
dome. 

Signed : Edw. Hyde, chancellor : Albemarle : Ed. Manchester : 
Tho. Southampton : Wm. Say and Scale : Jo. Roberts : 
Arthur Annesley : Wm. Morice. [p. 131. If 2.] 

[489.] WhitehaU : 5 September : 

Ordered by his Majestie in Councell that the Committee 
for the American Plantations doe informe thimselves of the 
state of the Island of Jamaica, and to that end to send for any 
persons that have beene imployed unto, or have traded thither, 
and perticularly to send for Mr. Thurloe to receive such 
Information as hee can give them of the state of that Island 
in all respects, and accordingly to make theu- Report unto 
his Majestie. [-^^ ^54 ^ 2.] 

[490.] Whitehall : 9th September : 

This day Mr. Attorney Generall attended the Board, 
and with him Mr. Browne Clerke of the ParUament, who 



1660.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 299 

brought with him 13 Acts that have passed both Houses of 
Parhament, which were read, and passed his Majesties appro- 
bation in manner following. — 1. An Act for Encourageing and 
increaseing Shipping, and Navigation. 

[pp. 157-8.] 



CHARLES II. VOLUME 11. 

[491.] Whitehall, 17 October: 

It was also Ordered, That the Duke of Albemarle (Lord Jamaica. 
Generall) Mr Secretory Nicholas Mr. Secretary Morice and 
Mr Arthur Annesley, bee a Comittee to consider of the 
Businesse of Jamaica, and to put in Execution the Order 
of this Board of the fift of September last And forthwith to 
prepare a Coinission for Edward Doylie to bee Gouernor of 
the said Island untill further Order, This to be dorm with 
convenient Speed. [p. 8 ^ 3.] 

[On 5 December the Duke of York, the Earl of Sandwich, 
Mr. Denyil HoUes, and Mr. Vice-Chamberlain are added to 
the Committee, which is directed to meet on the next day. 
[p. 63.] On 1 February 1661, all business relating to 
Algiers and Tunis are referred to this Committee, as well as 
a paper from the Dutch Ambassador asking for the assistance 
of some men of war from his Majesty, [p. 119.] On 7 Aug. 
1661, the Duke of Albemarle is added to the Committee. 
[p. 318.] On 14 Aug. the Earl of Manchester, Lord 
Chamberlain to his Majesty, is added, [p. 337.] 

[492.] Whitehall, 24 October : 

[A Letter to the Master of the Ordnance in accordance Jamaica, 
with an Order of the 1 9th on the report of the Committee for 
Jamaica] : These are to pray and require you forthwith to deliuer 
or cause to bee deliuered out of his Majesties Stoars vnder your 
Commaund vnto Captain WiUiam Whiting Commaunder of 
the Diamond Frigot these particuler provisions of Amunition, 



MiHsioiis. 



Jamaica, 



300 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1660. 

Cloaths, and other Necessaryes for Supply of the Stoars for 
defence of that Island Vizt 



Barrella of Powder . . . . 500 


Suits of Fustian 


1000 


Barrells of Musket-shott . . 500 


Shirts 


. 2000 


Match A double Proportion . . 


Shooes pairs . . 


1000 


Pikes 1000 


Footmens pumps 


1000 


Flint-stones . . . . two hhds. 


Lynnen Stockings 


2000 pair 



[A letter to the Lord High Admiral in accordance with 
the same Order, desiring him to give] speedy and effectuall 
Warrant to the Victualler of his Majestys Nauy to prouide 
forthwith fifty thousand weightt of good Bisquit for Stoars 
for the Souldiers in the said Island, And the same to 
deliuer or cause to bee deHuered to Captain WiUiam 
Whiting Commaunder of the Diamond Frigot, Which the 
Gouernour of the said Island is to take care to cause to bee 
supplyed with Indian Corne, as it shaU bee spent. 

[p. 16. Tin 1 & 2.] 

[493.] Whitehall, 14 November : 

Vpon reading . the Petition of Divers of his Majesties 
Subjects Ministers and others for propagateing the Gospell 
among the miserable Heathens in America setting forth the 
hopefuU proceedings of that worke amongst the said Heathen 
and humbly pra3dng that the Corporation mentioned in their 
petition might be continued and the lands sett forth for main- 
tenance thereof Secured [the Attorney General is directed to 
prepare a draft for renewing the said charter, and to report]. 

[p. 33. 11 3.] 

[494.] Ibid. 

[Letters to the Officers of the Navy and Ordnance respec- 
tively : — The Diamond frigate in which stores were to have 
been conveyed to Jamaica being reported unfit for the voyage, 
such other ship or vessel as the Duke of York shaU appoint 
is to be employed]. [p. 33. last %] 



Jauiaica. 



[495.] Whitehall, 21 November : 

[In making provision for the garrison of Dunkirk, order 



1660.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 301 

is given for the further payment to the Lieutenant of the 
Ordnance of 11651. 6s. 8d. for ammunition for Jamaica.] 

[p. 40. last %] 

[496.] Whitehall, 28 November : 

[A Privy Seal is to be prepared for his Majesty's signature Jamaica. 
for issuing to a nominee of the Duke of York fifty pounds] 
for buying of Seacoale for the Supply of his Majesties Forces 
in the Island of Jamaica. [p. 49. last %.] 

[497.] Ibid. 

[The Committee for Jamaica are ordered to] meet on Friday Jamaica. 
morning next at nine of the Clocke to take care of the speedy 
prepareing and sending away such Provisions and Ammu- 
nition as are already appointed to be sent to the said Island 
and [to] give order for the speedy Dispatch of all such Com- 
missions Instructions and Letters as are necessary to be 
transmitted thither [and to consider, and report upon] the 
humble Petition of Captain Thomas Linch and Capt. Epinetus 
Crosse. [p. 50. 1j l.J 

[C.S.P. I. p. 491.] 

[498.] Whitehall, 29 November : 

[The petition of the Earl of Kinnoull] concerning his Pretence Caiibbee 
of Interest to the Caribee Islands by deed from^ the late Earle 
of Carlisle [is referred to the Attorney General for examination.] 

[p. 51. t 3.] 

[499.] Whitehall, 30 November : 

[Captains Lynch and Crosse of the forces in Jamaica Jamaica 
returning from furlough are to have free passage in the frigates 
Rosebush and Diamond with four servants and a ton of 
goods for each. They are entrusted with the transport of 
the ammunition and provisions being sent to Jamaica ; and 
orders are issued to the Master of the Ordnance and the 
Victualler of the Navy to deliver the stores to the captains 
and pursers of the frigates named.] {pp. 54-6.] 



Jamaica. 



302 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1660. 

[On 28 December free passage on these ships is allowed to 
Colonel Samuel Barry with seven servants and four tons of 
goods and on 4 January 1661 "upon his Majesty's allowance 
of provisions by the way ' ' to Clemence Hillyard and 
Martha Winter (with their families not exceeding five in 
number) going to rejoin their husbands in Jamaica.] 

[pp. 83 and 91.] 

[500.] Whitehall, 30 November : 

[The draft of a Commission for the Governor of Jamaica 
is referred to the Jamaica Committee for consideration and 
report.] [p. 57. H 2.] 



[501.] Whitehall, 6 December : 

Jamaica. La Response des Seigneurs du Conseil Priue du Roy 

a son Excellence I'Ambassadeur d'Espagne sur ce 
qu'il a propose au Roy. 
Le Roy notre Seigneur nous ayant communique le Cayer 
que votre Excellence luy a presente ou vous luy demandez 
que suiuant les articles . . de la Paix faite avec 
I'Espagne en Pan 1630, et I'ordre qui sa Majeste a donne dans 
sa Proclamation date du 10-20 de Septembre 1660 de restituer 
tout ce que ses sujets ont pris ou vsurpe appartenant au Roy 
d'Espagne pendant leur rebellion, il luy plaise faire restitution 
de la Jamajque et de Dunquerque. A quoy nous respondons 
que le Roy notre Seigneur nous a tesmoigne auoir en son 
intention vn desir forme de s'aquitter religieusement de tout 
a quoy U peut estre oblige enuers les Roys et Estats ses voysins 
& bons amis soit par aucun Traitte ou par honneur, et en 
bonne conscience, et particuherement qu'il a fort a coeur 
d'entretenir vne bonne correspondence et amitie auec le Roy 
d'Espagne son bon frere et aUie . Aussi ne 

trouue il pas, que par le dit Traitte de 1630, ou par cet Ordre 
de quoy vous faites mention qui ne regarde que la restitution 
de choses prises depuis son arriuee en Angle terre, il soit obUge 
de rendre ces deux places de la Jamajque et Dunquerque, 



1660-1.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 303 

Qui est tout ce que nous avons a dire a vostre Excellence sur 
ce suiet en response de vostre escrit. [An English trans- 
lation foUows.J [p. 66.] 

[502.] WhitehaU, 7 December : 

[A letter to the Master of the Ordnance. In accordance Jamaica, 

with a report of the Jamaica Committee the following 

stores are to be deUvered to Capt. Whiting of the Diamond 

instead of those ordered on 24 October.] 

200 Barrells of Powder 1000 suits of ffustian 

500 Barrells of Muskett shott 2000 Shirts 

2 Tunns of Match 1000 Paire of Shooes 

1000 Pikes 1000 Paire of ffootmens Pumps 

4 Hoggsheads of fflints 2000 Paire of Linnen Stockings 

6 Hoggsheads of Brimstone 

[A letter to the Duke of York foUows, desiring him to send 
a warrant to the Victualler of the Navy to put on board the 
Diamond and the Rosebush victuals sufficient to supply the 
two ships now at Jamaica for their voyage home.] 

- [p. 67. last 1|.] 

[503.] Whitehall, 21 December : 

An Act for Prohibiting the Planting, setting, or sowing Tobacco. 
of Tobacco in England and Ireland [was read in Council].* 

[p. 76. H 3.] 

[504.] Whitehall, 13 February : 

Vpon reading a Narratiue from the Officers and Commis- Act of 
sioners of his Majestys Customs setting forth, That some 
Merchants trading for New England, finde themselues much 
greiued in respect of the strictnesse of the Act for Nauigation 
. And the Commodityes of that Countrey, being 
generally Cloue-Boards, Pipe-staues and other Tymber, Fish, 
and such other Gruff-Comodityes do better vend in other 
parts then heere in England ; and, by proceed thereof, Comodit- 



* On 28 February 1661 on the petition of sundry merchants and planters 
of tobacco in foreign parts, an Order was issued for the Attorney General to / 
draw up a proclamation ordering this Act to be put in execution. On 
20 March 1661 the draft of the proclamation was read and approved. 



304 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 

yes of greater Value from Spain and other parts haue been 
vsuaUy imported into England, and his Majestie thereby 
much advantaged in his Revenew ; Vpon due consideration 
whereof, and at the humble suit of some Merchants, now 
outward bound, vpon that Trade, the Lord high Treasurer 
[is ordered to] giue power and authority to the Officers 
and Commissioners of his Majestys Custom es in this 
Port of London, That they take Bond of the Merchants 
tradinge to those parts, onely to returne the Proceed of those 
Comodityes that they shaU there lade, and not binde them 
vp to returne the Comodityes in Specie ; the said Clause in 
the said Act of Nauigation notwithstanding. [He is further 
desired to write to the Governor of that plantation, giving 
him the same liberty to take the like bond there.] 

[p. 126. Tl 1.] 
[C.S.P. II. 30.] 
[505.] WhitehaU, 13 February : 

Barbados. Vpon reading the Petition of William Maskalyn, and Edward 

Cowse of London Merchants Ordered That the same bee 
recommended to Mr. Secretary Nicholas to prepare Letters 
from his Majestic to Sir Henry Benet Resident at Madrid to 
demaund right for damage sustayned by seisinge fifty Negroes 
at Teneriffe, by them brought thither, taken from them and 
sould for the King of Spains vse, by the Judge of the Con- 
trabando ; Vpon pretence only That the Shipp called the 
Welfare of London came from the Barbadoes, which they 
affirmed was in the Kinge of Spains Dominions, to 30001. 
Damage; This donn about December 1660. [p. 126. H 2.] 

[506.] WhitehaU, 20 February : 
Barbados It is also this Day Ordered (his Majestie present in CouTicill) 

l^iandT ^^ *^^t tlie Rt. honble. Wm. Earle of Kinnoule, Francis Lord 
Willoughby of Parham, Mr. Thomas Kendall, Merchant (on 
behalfe of Mr. Courteene And all other Persons who pretend 
any Interest, Right or title in or to the Barbado's and other 
the Carybee Islands in America, do forthwith deliver to bis 



1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 305 

Majesties Attorney-Generall their severall and respective 
Proprietyes, by him to be considered of ; And [attend the 
Board with their counsel on 1 March, when further Order 
will be given]. [p. 137. T] 2.] 

[C.S.P. II. 36.] 

[507.] Whitehall, 1 March : 

It is this day Ordered by the Board his Majestie sitting in Caribbee 
Councell That aU Persons whatsoever who pretend any Right 
title or Interest in or to any of the Islands of the Caribees or 
any other Island in the Atlantique Sea or to any Part thereof 
by and through any Concession or Grant derived from his 
late Majesties Letters Pattents to the Earle of Carhsle shall 
or may attend Mr Generall to whome they are to declare 
their severall Pretences to the End hee may Report his Opinion 
thereof to the Board concerning his Majesties agreeing with 
the said parties for their Respective Interests or for trying the 
Validity of the said Letters Patents at Law. [p. 149. ^ 3.j 

[508.] Whitehall, 8 March : 

Upon reading the humble Petition of Charles St. Stephen, Nova Scotia. 
Lord de la Tour, Barronet of Nova Scotia Thomas Temple and 
William Crowne Esqrs. concerning their Right in Nova Scotia 
It is . . referred to the Committee of this Board 
formerly appointed to consider of some matters in Relation 
to the said Island of Nova Scotia and the said Committee 
are to meet on Tuesday next. [p. 164. ^ 1.] 

[C.S.P. II. 44.] 

[509.] WhitehaU, 28 March : 

Upon reading a letter this day at the Board from ColoneU Barbados 
Thomas Modiford directed to his Grace the Duke of 
Albemarle and dated at the Barbado's the 25th of January 
1660. Declareing his ready Complyance with his Majesties 
warrant of the 23th of June last for resigneing the Govern 
ment of that Island to ColoneU Walrond, appoynted by the 
Lord WiUoughby of Parham President there, Since when 

20 



306 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 

severall Articles of pretended high-Treason hath been exhibited 
against him the said Modiford in that Island upon which two 
hearings haue been had before the Councill there, but the 
Articles not being fully proued, his prosecutitrs doe now 
insist Cheifly On his putting in Execution a Comission sent 
unto him by the said Duke, Upon Conideration thereof it 
is Ordered (His Majesty sitting in Councill) That Sir WiUiam 
Morris Knight his Majesties Principall Secretary of State, doe 
speedily prepare a Letter for his Majesties Signature, thereby 
signifying his Majesties expresse pleasure to the President 
Councill and Inhabitants of the said Island, That the said 
Colonell Thomas Modyford bee not disturbed, or further prose- 
cuted, for any thing he hath formerly acted, but that hee 
be permitted to enioy the full benefitt of his Majesties Gratious 
act of ObKuion, As also declareing unto them, that the 
proprietors-ship of the said Island is invested in his Majestie 
And that they are to take notice thereof. [p. 184. f 3.] 

[510.] Whitehall, 10 April : 
Missions. [Qn consideration of the Attorney General's report on the 

reference of 14 November 1660 and of his draft of a charter 
for the Corporation for Propagating the Gospel in New 
England] It is Ordered That the said Corporation may, by the 
said Charter, haue power to purchase two thousand pounds 
per annum, and may haue Liberty to transport yearlie one 
thousand pounds in Bullyon, or forraine money, making 
Entry from time to time of what shalbee so transported in 
the Port of London in the Custome house there ; And the 
Lord Viscount Valentia is to consider of, and examine the 
List of Names of the Members, whereof the said Corporation 
is to consist ; and to offer the same to the Board ; And, 
according to this direction, Mr. Attorney is to fiU up the 
Blancks, and perfect the said Draught of a Charter, And also 
to add thereunto a Clause, That all Lands, tenements and 
hereditaments, heretofore giuen or bought to the Vse or Vses 
in this Charter mentioned, shall, from henceforth, be Vested 



1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 307 

in the said Corporation and their Successors, with power to 
sue for, and recouer the same, or any Arrears thereof due. J j 

[p. 201. H 3.] 
[C.S.P. II. 67.] 
[511.] WhitehaU, 29 April: 

[In pursuance of a report of the Committee of 15 April,] Jamaica. 
It is Ordered by his Majestie, That the Two thousand pounds 
designed to his Majestys Island of Jamaica, for perfecting 
the Fort of Cagway, and the Platforme vpon the adjacent 
Island, and now to bee sent vpon the Shipp Charity, be layed 
out, as foUoweth. Vizt 

In Stilles and Wormes . . . . 3001. In Bisquit, Meale and Oat- 

In Carpenters, Smithes, Masons ) meale 50^." 

and Planters Tooles - ■ I In Panns, graters, and Bak- 

In Iron and Iron potts . . 140 ing-jrons 60 

In Steele 10 In Nayles of all sorts . . 100 

In Sea coale 20 In shirts, shoes, capps, and 

In Oyle Oliue 80 Drawers 450 

In Seines and Fishing tooles 50 

In Lynnen 250 

In Serges and Tryminge . . 100 

And that the 90 L Ouerplus be for contingent Charges ; Of 
which, if anythinge remaynes, It is to be disposed of to his 
Majesties best Advantage by the Gentlemen that are imployed 
to take care of the Particulers : [The goods are to be provided 
with aU expedition by the Commissioners of the Navy, 
this being recommended by the Duke of York as the 
speediest way of dispatch : and the proceeds are to be spent 
only on the forts and places aforesaid]. And Sir James Deax, 
Mr. NoweU, Mr. Howe and Mr. Kendall, or any two of them 
[are] to advise with [the Commissioners of the Navy], and 
assist them in the Inspection of the Goodnesse and 
Quahty of the Goods to be prouided, as aforesaid ; and to 
take care, that his Majestys Tonnage, reserved vpon the Shipp 
Charity aforesaid, bee filled up for the best advantage of 
his Majestie. 

[Directions foUow to] the Clerk of the Signet now attending, 
[to] prepare a Bill for his Majesties Signe Manuall to passe 



308 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 

a Priuy Scale for payment of the said Two thousand pounds, 
vpon Accompt, to the Treasurer of his Majesties Nauy, out 
of his Majesties Treasure of his Exchequer, for the Service 
aforesaid. [p. 208. last %] 



J amaica. 



New 
England. 



New 
England. 



[512.] Whitehall, 15 May : 

[Captain Wilhara Poole of his Majesty's ship the Great 
Charity bound for Jamaica is to] have free leave and licence 
to authorise his assignes by the sound and beating of Drummes 
within the Cityes of London and Westminster and the 
Suburbs thereof pubUquely to invite any person or persons to 
transport themselves in his said Shipp unto the said Island, 
And for his so doeing this to be his sufficient Warrant. 

[p. 215. U 2.] 

[513.] Whitehall, 17 May : 

It was then Ordered by his Majestie in Councell, That the 
Lord Chancellor, the Lord Treasurer, the Lord Privy Scale, 
the Duke of Albemarle, the Duke of Ormond, the Lora Cham- 
berlaine, the Earle of Anglesey, Lora Viscount Say and Scale, 
Lord HoUes, Lord Cornwalleis, Sir Edwara Nicholas and 
Sir William Morice Knights Principall Secretaryes of State 
should be a Committee touching the setlement of the Govern- 
ment of New England, and to that end that they or any 4 
or more of them should flfirst meete at Worcester-house upon 
Tewesday next at 3 in the afternoone then to consider o* 
drawing up and framing such Letters, Proclamations, or 
Orders as they shall judge fitt to offer to his Majestie to signe 
or publish m referrence to the setlement of the Government 
of that Plantation ; And afterwards the said Committee to 
meete at such time and place as they shall from time to time 
appoint untill they have perfected that Affaire. 

[pp. 216-7] 
[C.S.P. II. 88.] 

[514.] Ibid. 

Whereas Mr. Attorney Generall had formerly directions to 
prepare a Charter of Corporation for New-England and to 



1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 309 



insert therein such names as hee should receive Order for ; 
[he is ordered to prepare the said Charter and to insert 
therein the following names] 



To be Added 
Lord Chancellor 
Lord Treasurer 
Lord Privy Seale 
Duke of Albemarle 
Lord Steward 
Lord Chamberlaine 
Earle of Anglesey 
Lord Viscount Say and Seale 



Members of the Corporation of 
New-England now in being. 

Alderman Francis Warner 

Erasmus Smith Esqr 

Henry Ashurst Treasurer 

Richard Hutchinson 

Josuah Woolnough 

George Clarke 

Thomas Speed 

Thomas Bell 

John Rolfe Gentleman 



Robert Boyle Esqr 
Sir William Thompson 
Sir William Bateman 
Sir Anthony Bateman 
Sir Theophilus Bydolph 1 
Sir Lawrence Bromfield / 
Alderman Tempest Milner 
Alderman William Love 
Aldermian William PeaUe 
Thomas Foley Esqr 
Dr. Thomas Cox 
Dr. John Micklethwaite 
Dr. — Trench 
Dr. Charles Doyly 



Names of new Members. 

Deputy Thomas Staynes 

Deputy John Juryan 

Deputy William Antrobus 
~ Knights John Bathurst 
I Harman Sheafe 

' Thomas Gillibrand 

James Hayes 

John Benbow 

Lawrence Brinsley 

Barnabas Meares 

John Acrod 

John Dockett Gentleman 

Edward Biscowen Merchant 

Martin Noell Gentleman 

[p. 217. H 2.] 
[C.S.P. TI. 88.] 



[515.] Whitehall, 22 May: 

[Sir George Carteret, Vice-Chamberlain 



Addition to 
Committees. 



of his Majesty's 
Household, is added to the Committee for Foreign Plantations 
and to the Committee for the afEairs of New England.] 

[p. 222. II 2.1 

[516.] Whitehall, 5 June : 

[The Commissioners for Foreign Plantations are desired Jamaica, 
forthwith to take into their serious consideration the affairs 
of the Island of Jamaica : and to report to the Committee 
of Council for Foreign Plantations, who shall draw up some 
model of Instructions for the newly-appointed Governor, 



310 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 



Transporta- 
tion of 
Criminals. 



Jamaica 



Lord Windsor, who is now added to the Commission for 
Foreign Plantations. Bills granting him the office and allow- 
ing him a salary of 2,000Z. per annum are to be prepared for 
his Majesty's signature.] [p. 235. 1| and 12.] 

[517.] Whitehall, 19 June : 

This day seuerall Lists of the Names of Prisoners remayning 
in the Prisons of Newgate, White Lyon in South-warke, Gate 
house at Westminster, New Bridewell (otherwise called the 
house of Correction) at St James Clerkenwell, Bridewell in 
London, House of Correction at Westminster in Tuttlefeilds, 
and the Prison of the Marshalsey, being presented to this 
Board, together with the humble petition of Jeremy Boimell, 
Edward Bernerd and Company of London Merchants Shewing, 
That whereas his Majestic hath been graciously pleased to 
lauour them with his Shipp the Great Charity for the better 
setling the Island of Jamaica, and to that purpose haue putt 
themselues in good forwardnesse to proceed in their Voyage 
for Advance of that Plantation. And hauing notice of many 
convicted persons, and others of loose and idle Conversation 
who remayn in the said Prisons, which being transported 
thither, might do his Majestic good Service, And prayed his 
Majestie to graunt Warrant to the Lord Maior of London for 
dehuery of the said convicted persons into the petitioners 
possession to bee transported to the Island aforesaid : [the 
petition and Hsts] are Referred to the Lord Cheife Justice 
of the Kings Bench and to the Recorder of the Citty of 
London, to consider which and how many of the said 
Prisoners are fitt to bee sent to Jamaica ; and to giue Warrant 
. . for dehuery of them to the said Merchants . . in 
such manner as his Lordshipp and Mr. Recorder shall conceive 
best and safest for the more certain putting them on Ship 
board, and acquitting this Nation from them. [p. 255. If 2.] 

[518.] Ibid. 

[Proposals of the Council of Trade concerning Jamaica are 
referred to the Committee of Plantations for consideratioD 



1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 311 

when the Lord Treasurer shall be present,] And Thursday 
come sevenight appointed purposely. [p. 256. ^ 2.] 

[519.] Whitehall, 26 June : 

Vpon the Petition of Rowland SearchfeUd Merchant, this New 
day read at this Board, Shewing that the Ambassador from '^^^"' ' 
Portugall in July 1655, contracted with Edward Winslow 
for a Shipp and Goods seised by the then King of Portugall 
to giue the Summe of fifive hundred twenty three pounds fine 
philUngs six pence in satisfaction thereof ; and in pursuance 
thereof drew a BiU of Exchange for the aforesaid value on the 
cheife Treasurer of Portugall payable to the said Winslowe ; 
And although many Addresses haue been made for obtayning 
satisfaction, yet all haue proued ineffectuall ; That the peti- 
tioner, by letters of Attorney from the Executors of the said 
Edward Winslow, is fuUy impowered for Recouery of the said 
money for the Use of the Proprietors resident in New England, 
[On the petitioner satisfying one of the Secretaries of State 
of the truth of his allegations, his case is to be recommended 
to the Portuguese Ambassador]. [p. 271. ^1.] 

[520.] Ibid. 

A 

Upon the humble petition of Morgan O Bryen and others st. 
Planters and Inhabitants of the Island called St. Christofers "^ ^ 
in America, showing. That they were Planters in that Island 
long before the Rebellion in Ireland, and were loyall Subjects 
to his Majestic ; that they were dispossest of their Estates 
Goods and Fortunes by Clement Everatt (the Apostate 
Gouernor) who banished them to an un-in-habitable place (called 
Crabs Island) being in number 104 persons ; And all (except 
12) perished at Sea, or dyed so soone as they came to Land ; 
150 Familyes of Planters more fledd to the French Colonyes, 
where they have hved in great misery and want ; The survivors 
and the widowes and Children of the deceased, pray an Order 
for restitution of their Estates. It is Ordered, That the 
Petition and their sad condition be recomended to the Lord 



312 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 

Willoughby of Parham to examine the truth of their allegations, 
and if his Lordship bee satisfyed therein, That then hee direct 
the Governour of St. Christofers to putt the Petitioners into 
possession of their Goods and Estates, So farr forth as the 
Act of obhuion will admitt the doing thereof. [p. 271. ^ 2.] 



Quakers in 

New 
England. 



Jamaica. 



[521.] Whitehall, 28 June : 

[The Council for Foreign Plantations report on] a Paper 
delivered to his Majestie by sundry Persons (called Quakers) 
intituled a Representation of the Sufferings of their Freiads 
in New England, and their Request and desire ; [the matter 
is referred to the Committee for New England for their 
opinion]. [p. 281. last \] 

[522.] WhitehaU, 3 July : 

[Upon reading a report from the Council for Foreign 
Plantations recommending] that every person who shall 
haue Land allotted unto him upon Jamaica shall haue 
the same by Grant from his Majestie Rent free and 
without payment for the Space of seven yeares But after 
the said seven yeares expired shall pay unto his Majestie 
five per Cent, for all native Goods whatsoever exported and 
in case any shall faile to pay the said five per cent, or Defraud 
his Majestie of the same or of any part thereof That hee or 
they so faihng or defrauding his Majestie shall forfeit twenty 
times so much in Value of the same Commodityes as hee failed 
to pay as aforesaid and this to bee expressed in every such 
Grant to be paid by way of Rent such Rent and forfeitures 
aforesaid to be gathered collected and Leavyed in such manner 
as hereafter shalbe thought fitt and declared And . . • 
that four hundred^ foot Souldiers and a hundred and 
fifty Horse be kept up under command and disciphne 
at halfe pay for such time as shalbe thought Necessary 
for the preservation of the said Island and that two Ships 
be constantly plying upon that Coast And further likewise 
that the Lord Archbishop of Canterbury and the Bishop of 



1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 313 

London be desired to chuse five able Ministers to be sent thither 
and maintained by his Majestie for one yeare The allowance 
for each Minister for that yeare to be an hundred Pounds 
and the Governor to take Care of and settle a Competent 
livelyhood for them upon the place for the time to come 
Lastly that his Majestie wilbe pleased to sett forth a Procla- 
mation therein declaring uponwhatTearmes and incouragements 
people may plant upon the said Island and giveing Liberty 
to Strangers to plant there together and mixed with his owne 
people and Subjects Provided they bee Protestants and will 
submitt with all due Obedience to his Majesties Government 
and be ruled by the Lawes of England. 

Philip Frovvde Secretary. 
It is this day Ordered his Majestie sitting in Councell That 
the right Honorable the Lord Chancelor of England The 
Lord Treasurer Lord privy Seale Earle of Anglesey Lord 
Hollis Lord Ashley Mr Secretary Nicholas Mr Secretary 
Morris or any three of them be appointed a Committee to 
consider of and frame a Modell for the Governement of 
his Majesties Island of Jamaica and to prepare a Draught of 
such Instructions as they shall conceive fitt and necessary 
for the increase and preservation of his Majesties Interest 
and the incouragement of his Majesties Subjects there and 
thereof to make Report unto the Board. [pp. 283-284.] 

[523.] Whitehall, 5 July : 

[A Letter to the Lords Justices of Ireland to examine into West Indies, 
the allegations of the French as to the capture of the 
Golden Tree by Jacob Reynolds. The vessel was taking 
out the Chevalier Hovell with the Marquis de Cugnac and 
many French gentlemen in his company, to secure possession 
of Guadeloupe and Mariegalante for the French King. 
Reynolds, an Englishman, acting under a Portuguese com- 
mission against the Dutch, decoyed HoveU on board his own 
vessel off Plymouth, forced him to surrender, stripped him 
and his servants and put into Kinsale, claiming the Golden 
Tree as good prize.] [pp. 286-7.] 



314 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 

[On 16 August a further letter is written concerning the 
goods of Sieur la Garde Belin of St. Malo, seized at the 
same time.] [p. 339 ^ 1.] 

[524.] Whitehall, 12 July: 

Barbados. [The Council refer to the Council for Foreign Plantations 

for examination and report] the humble Petition of the 
Planters Marchants marriners and Traders to the Island 
of Barbadoes representing the great Prejudice that hath 
risen and is still continued upon the trade of the said 
Island by the makeing and vending of Unmarchandable 
Sugars almost to the totall losse of the Trade of the 
said Island and praying that forasmuch as the Petitioners 
are not able of themselves to apply such a Remedy as 
wilbe suteable and sufficient to so great a Mischeife and 
EviU His Majestic would be. pleased to provide that such 
countenance may be given to the said Commodity as may 
Answer the duty and Customes of it and that the Price of 30*. 
per hundred waight by his Majesties speciall Favour layd and 
Fixt upon all unpurged Sugars of the said Island none may 
dare or presume to make that which is unmarchandable nor 
any permitted to sell what shalbe imported under the price 
Currant for ready mony upon Paine of such penaltyes as to 
his Majestie shalbe thought fitt to inflict. [p. 291. last %] 

[525.] WhitehaU, 19 July : 
Jamaica. Upon reading the humble Petition of Jeremiah Nathaniell 

Symon Donnell Edward Bernard and severall other Marchants 
setting forth that [in accordance with the Order of 19 June 
for the transportation of criminals to Jamaica they had 
attended the Lord Chief Justice, but that] his Lordship by 
reason of much Business had no time to consider of the said 
matter and the said Recorder answering that the said Persons 
could not be released till they sued out their Pajdons under 
the great Scale of England and therefore praying amongst 
other things that his Majestie would issue a Warrant for the 



1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 315 

transporting such persons accordingly It is Ordered by his 
Majestie sitting in Councell that such of the said Prisoners in 
the annexed Lysts as are or shalbe certifyed by the said Lord 
chief Justice or Mr. Recorder of London to be Pardoned or 
such others of them for whom his Majestie hath signed 
Pardons be forthwith delivered over to the petitioners or to 
such person or persons as they shall give Order to receive 
them in Order to their being transported to the said Island of 
Jamaica hereof the Respective Goalers and Keepers of the 
said severall risons are to take Notice. [p. 297.] 

[526.] Whitehall, 24 July : 

The humble Petition of divers poore widdowes and others Jamaica, 
haveing relations in his Majesties Service in Jamaica 
is referred to the right Hon. the Earle of Berkeshire 
according to the Petitioners Request. [p. 301. ^ 3.] 

[527.] Ibid. 

[Letters to the Lord Mayor of the City of London, Jamaica, 
and to the High SherifE of the County of Surrey. The 
petitions and orders of 19 June and 19 July are repeated. 
On July 23 at the Assizes at Kingston-on-Thames the 
Recorder signified to an agent of the petitioners his opinion 
that, as he could not, owing to his absence from London, 
certify to each man's particular case, he] did think it 
expedient. That all such persons as are now in Newgate under 
Condemnation, and not for Murder, should be Transported, 
the Merchants undertakeing to keepe them from returning by 
the space of term yeares at the least. 

[The respective Gaolers are ordered, on the warrant of 
the Mayor and -Sheriffs, to deliver to the petitioners for 
transportation to Jamaica] all such Prisoners in the said 
severall and respective Gaoles as are now under Condem- 
nation (not being for Murder and Burglary) as also such . . 
as after Conviction of being incorrigble Roques or Vaga- 
bonds are condemned to death. [pp. 319-20.] 



316 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661. 

[528.] Whitehall, 24 July : 
New [Letters patent to be prepared constituting Robert Boyle, 

"^ ^^ ' Esqr. , Governor of the Corporation for Propagating the Gospel 
in New England.] [p. 321. ^ 4.] 

[C.S.P. II. 152.] 

[529.] Whitehall, 16 August : 
Acadia. It was Ordered by his Majestie in Councell, that the Right 

Honourable the Lord Privy Seale, the Lord Chamberlaine of 
his Majesties Household, the Earle of Anglesey, the Lord 
HoUes, Mr. Vice-Chamberlaine, Mr. Secretary Nicholas, and 
Mr. Secretary Morice, or any three, or more of them bee (and 
accordingly they are hereby appointed) a Committee to con- 
sider of a Memoriall presented by the ffrench Ambassador 
to this Board concerning the Restitution of Acadia, and to 
report their Opinion unto this Board. [p. 338. ]f 1.] 

[530.] Whitehall, 26 August : 
Nova Scotia. It was Ordered by his Majestie sitting in Councell, that 
Dr. Mason, Dr. Wiseman, and Dr. Walker, or any one or 
more of them doe attend the Committee of his Majesties 
most Honourable privy Councell for fEorreigne Plantations, at 
the Councell Chamber, to morrow (the 27th of August) at 3 
of the Clock in the afternoone, and that Sir Lewis Kirke, 
Knt. Thomas Elliott Esqr. and Robert Nelson Esqr. doe then 
and there attend accordingly about the busines of Nova 
Scotia. [p. 350. ^ 2.] 

[C.S.P. II. 163.] 

[531.] Whitehall, 28 August : 
Virginia. Upon reading the petition of Sir William Berkeley Knt. 

Governor of Virginia, [he is ordered to attend the Board on 
Priday morning, the 30th inst] together with such principal, 
planters of Virginia as are at present in this Towne, and 
some of the Cheife Masters of Shipps, and others who trade 
thither. [p. 357. ^ 1.] 



1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL) 317 

[532.] Whitehall, 6 September : 

Whereas the 31st of August past upon the humble Repre- Virginia and 
sentation of Sir WilHam Berkeley Knt. Governor of Virginia, 
and severall Merchants Tradeing thither, and unto Mary-Land, 
that it was for the benefitt and advantage of the said Plan- 
tations, that no Shipps should come from thence with any ' 
Merchandise before the fiirst of May next, which was accord- 
ingly Ordered, and Letters directed to the said Sir William 
Berkeley Governor of Virginia, and to the Lord Baltimore, 
Lord and Proprietor of Mary-Land. And whereas severall 
other Merchants Tradeing unto the said Plantations did this 
day humbly present a Petition unto the Board with their 
reasons against the said Prohibition [both parties are ap- 
pointed to attend the Board on 27 September and produce 
their reasons for or against the prohibition]. [p. 370. Tj 2.] 

[533.] 18 September : 

Upon the petition of John Smith and Wilham Chamberlaine Barbados. 

Merchants on the of themselves and divers other 

Merchants and Inhabitants of the Island of Barbadoes showing 
the great Want of Horses for the carying on of the Sugar Workes 
in the said Island [permission is given them to export fifty 
horses, not to exceed 101. each in value, the usual dues on 
the export of horses to the plantations being paid, and 
security given to transport them only to Barbados.] 

[p. 377. H 1.] 

[534.] Whitehall, 27 September : 

[As ordered on 6 September, both parties appear and are heard Virginia, 
regarding the order in restraint of trade with Virginia, and] 
The Right Honourable the Lord High Chancellor of England 
had Order from his "Majestiejboth partyes being called in) to 
lett Sir William Berkeley and all the Merchants know, that 
if hereafter they should make any Proposall unto his Majestie 
that should tend to the future good and advantage of those 
Plantations his Majestie would readily receive and authorise 
the same ; But as for this particular restraint seeing many 



318 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661 

Shipps were gonne before it was proposed, and that if it should 
be executed it would tend to the great prejudice of many of 
his loveing Subjects trading to those Plantations, His Majestic 
did at this time absolutely revoke his said former Order, per- 
mitting all his Subjects freely to Trade and returne to the said 
Plantations as formerly they have donne. [pp. 384-5.] 

[535.] Whitehall, 4 October : 

gt [The petition of Jonathan Pelham, merchant of London, 

christophei-. ^^^ -j^y^j.^ j^-g ^jfg^ j.gi-(,^ Qf James Barrey of St. Christopher, 

for restitution of the estate of James Barrey in the parish of 
Palmeto point, sequestered by Clement Everard then 
Governor for his loyalty to the King and since illegally 
detained, is ordered to be examined by the Governor and 
Council of St. Christopher, and if its allegations are found 
to be true, the estate is to be restored according to equity 
and justice.] [p. 391. If 1.] 

[536.] Whitehall, 6 November : 
Plantation [On a petition by the Scots on the 30th of August,] it was 

Trade 

ordered that the Execution of that Act prohibitinge his 
Majestie's subjects, of the Scottish nation to Trade in manner 
and forme as in the said Act is expressed be suspended and 
taken of untiU further Order. [The officers of the Customs 
now present a report and it is ordered that the Lord Treasurer, 
the Earl of Anglesey, the Earl of Lauderdale, the Chancellor 
of the Exchequer, Mr. Vice-Chamberlain, Mr. Secy. Nicholas, 
and Mr. Secy. Morice or any four of them be a Committee 
to consider the order of 30 Aug. and the report of the Customs 
officers : who, with the Lord Treasurer and Lord Clerk-Register 
of Scotland, are desired to attend this Committee on Saturday 
next at the Lord Treasurer's house.] [pp. 427-8.] 

[537.] WhitehaU, 22 November : 
Navigation [The Committee to consider Scotland's position under the 
Navigation Act receive an unfavourable report from the 



1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 319 

Commissioners of the Customs under four heads. No. 2 
concerns the Plantation trade : — ] 

(21y) They by this Liberty may trade to the Plantations 
which are absolutely English which will bring infinite losse 
to his Majestic and as much prejudice to the English Subject. 

1st. They may carry, by this Admittance, all the 
Growth of these Plantations into fEorraine parts, 
which must lessen his Majestys duties and by this 
they may carry away the English mens Estates, 
who haue propriety both in goods and Lands, by 
whose Cost and Industiy they haue beene Planted, 
and who euery yeare looke for the returnes as well 
to Improue their Estates as pay their Debts, 

(2ly) They may serue all forraine Parts (as Germany, 
Holland &c:) with the fruits of the English Labours 
and make Scotland the Magazine, and leaue this 
Nation to its home Consumption, and the King in 
his Duty, and the Merchant in his returnes fall 
short in their exspectation, and perhaps the Pro- 
prietor forct to goe into Scotland to looke his 
Estate. 
(Sly) If they should say that they would come for 
England, Ireland, or Wales &c: They can giue no 
security either to the Gouernor there, or the Officers 
of the Customes here, Where they haue no Interest, 
they cannot be responsible, and their Bonds are 
worth little, if once gonn, and the forfeiture is 
little worth to his Majestic they being as forregners 
to this Nation, being not vnder our lawes and 
Gouernment In fine the Plantations are his Majestys 
Indies without Charge to him raysed and sup- 
ported by the English Subjects, who Imploy aboue 
200 Sayle of Good Shipps euery yeare, breed abun- 
dance of MarjTiers, and begin to growe into 
Comodities of great value and Esteeme, and 
though some of them continue in Tobacco, Yett 



Jamaica. 



Jamaica. 



Barbados. 



Barbados. 



320 ACTS OF THE PRIVY COUNCIL (COLONIAL) [1661. 

vpon the Returne hither it smeUs well and payes 
more Custome to his Majestie then the East Indies 
foure times ouer. 
[And as it appears that an Act of Parliament would be 
necessary for granting such liberty to the Scots, the order of 
30 August in their favour is accordingly revoked, and they 
are referred to Parliament for redress.] [pp. 453-455.] 

[538 ] Whitehall, 25 November : 

[The Committee for Jamaica is ordered to meet] on Thursday 
next at two in the afternoone. [p. 457.] 

[539.] Whitehall, 4 December : 

[The Earl of Northumberland is added to the Committee 
for Jamaica and they are ordered to meet] on ffryday next 
before the sitting of the Councell to consider of the proposalls 
of the Lord Windsor ; as also of the paper exhibited this 
day from the Councell of fforraigne plantations. 

[p. 469. Tf 5.] 

[540.] Whitehall, 11 December: 

[On the petition of Mary Clarke, an orphan, for her portion 
of the estate of her father, who died in Barbados, leaving the 
estate in the hands of her uncle, Peter Cole, now under 
restraint in the hands of one of the messengers of his 
Majesty's Chamber, order is made that she and her counsel 
have free access to Cole to advise with him about such affairs 
as concern the petitioner's and other orphans' estates in his 
hands and trust. [pp, 479-80.] 

[541.] Whitehall, 13 December : 

[A letter to Lord Willoughby of Parham, Governor of 
Barbados, concerning the suit of Elianor and Robert 
Langdon for the estate of John Langdon, husband of Elianor 
and brother of Robert. Seven years after commencing their 
suit and a year after verdict given in their favour by the 
Court of Barbados, the estate (of 300?.) is still illegally 



1661-2.] ACTS OF THE PRIVY COXJNCIL (COLONIAL). 321 

detained by one Thrale or his assignes with 3,000Z. arrears 
of rent, while the petitioners are unable to go over them- 
selves to prosecute the right. Directions are to be given that 
justice be dispensed effectually and speedily to the peti- 
tioners according to the merit of their cause.] [p. 500.] 

[542.] Whitehall, 13 December : 

[A petition of merchants and others trading to Virginia Virginia and 
and Maryland having been read, his Majesty] intending the ^^''^^*°''" 
advancement of his Plantations, and the generall good and 
encouragement of Adventurers therein, and not willing to 
Conclude any Interesses, but ffirst to be heard [commands 
the governors of these plantations and aU others concerned 
to view the petition and to attend the Board on 29 January 
at 3 in the afternoon, when further order will be given.] 

[p. 521. TI 2.] 

[543.] Whitehall, 24 January : 

The businesse concerning the Barbado's [is to be considered Barbados. 
on Jan. 29 : Lord WiUoughby of Parham and Lord Kinnoull 
to attend]. [p. 524. ^ 2.] 

[544.] Whitehall, 29 January : 

[Lord Hatton, Mr. Treasurer, and Mr. Comptroller are Virginia and 
added to the Committee for Foreign Plantations, who are ^^ 
to meet on Monday next to consider the petition of Sir 
Wm. Berkeley and the interests of the merchants and others 
trading to Virginia and Maryland.] [p. 528. f[ 1.] 

[545.] Whitehall, 7 Febniary : 

The interests of the severaU pretenders to Nova Scotia Nova Scotia. 
[are to be considered by the Committee for Foreign Planta- 
tions on the 10th instant, when aU concerned are to attend. 
Report to be made to the Council on the 14th].[^[p. 540. ]f 4.] 

[C.S.P. n. 224.] 
21 



322 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662. 

[546.] Whitehall, 7 Pebraary : 

West Indies. [Owen Martin Esqr and Humphrey Seaward, merchant, 
pray confirmation of his Majesty's grant to them of certain 
concealed goods in the West Indies by them discovered, and 
detained from them by the deputy and Lord WiUoughby of 
Parham : They are ordered to bring evidence and documents 
to prove their title to the goods.] [p. 541. ^ 1.] 

[C.S.P. II. 213.] 
[547.] Ibid. 

Jamaica. Upon reading the petition of the Officers and Souldiers 

returned from the service of Jamaica It was Ordered (his 
Majestie present in CounceU) That if the petitioners who 
returned from Jamaica desire to retume thither againe, they 
shaU be recommended to the Lord Windsor to be well treated 
by him. [p. 541. f 2.] 

[548.] Whitehall, 19 February : 

Nova Scotia. [Lord Willoughby of Parham and aU others concerned in 
the business of Nova Scotia are to attend the Board on 
Friday, and the treaty between England and France is to 

* The page be then brought before the Board.]* [p. 549. ^ 5.] 

is disfigured 
here. 

[549.] Ibid. 

West Indies. [Martin and Seaward produce his Majesty's grant to them 
and pray for an early hearing of Lord WiUoughby's claim- 
whereupon the 26th Sept. is fixed for hearing aU parties.] 

[p. 550. If 2.] 

[550.] WhitehaU, 26 February : 

Nova Scotia. [The petitions of Sir Lewis Kirke, John Kirke Esqr. and 
others on one part, and of Colonel Thomas Temple, m his 
own behalf, having been read, all interested in the claims 
to Nova Scotia are ordered to attend for a final hearing on 
Friday, 7th March, notice being given also to the French 
Ambassador.] [pp. 557-8.] 



1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 323 

[551.] Whitehall, 26 February r 

It was Ordered, That all persons that have any Commis- New 

^ England. 

sions from those in New England interessed in the anayres 
of that Plantation, and all others who can give any Accompt 
in Reference to his Majesties service, and the good and beneiitt 
of those parts doe attend the Board on Thursday next the 
6t of March ensueing at 3 in the afternoone, And particularly, 
That Colonell Thomas Temple, and Mr. Wentrop, and such 
as they shall advise and think fitt be summoned and required 
then and there at the tyme aforesaid to give their attendance 
also. [p. 558. Tf 1.] 

[C.S.P. II. 244.] 
[552.] Whitehall, 28 February : 

[The Committee for the Affairs of Jamaica are to consider Jamaica, 
and report on three papers exhibited at the Board by Lord 
Windsor, entitled — Instructions given to Major Thomas 
Fairfax, Reasons for buUding Shallops &c in England, and 
Dimensions of these Shallops.] [p. 560. ^ 1.] 

[553.] Whitehall, 6 March : 

Ordered that all addresses and other papers concerning New 

. , England. 

New England be looked out agamst to-morrow to be pre- 
sented to the CounceU. [p. 566. ^ 1.] 

[554.J Whitehall, 7 March. 

This daie Dr. Walker and Dr. Turner attendinge the Nova Scotia. 
Board as Counsell for severall persons claimeinge interests 
in Nova Scotia, and beinge called in and heard at the Board, 
It was ordered by his majestie in CounseU that the said 
Doctor Walker and Doctor Tm-ner doe drawe up a state of 
the case, concerninge Nova Scotia, both in reference to the 
Croune and to the titles of their Clients, And that they doe 
present the same to this Board drawne up in Latine to the 
end such further use may bee made of them as shall bee 
thought fitt. [p. 568. If 1.] 



324 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662. 

[555.] Whitehall, 7 March : 

Nova Scotia, [^jj parties having claims in Nova Scotia having been 
heard, the Earl of Lauderdale is] desired to write into 
Scotland to have all the letters Patents, Concessions, Trans- 
actions, and writeings, whatsoever, that conceme Nova Scotia 
or any part thereof sent unto him, to the end that they may 
bee presented to the Board, [P- 568. If 2.] 

[556.] Whitehall, 12 March : 

Jamaica. [A report of the Earl of Anglesey from the Committee for 

Jamaica giviag the following list of stores desired by Lord 
Windsor for Jamaica is referred to the Ordnance for an 
estimate of the cost.] 

Two whole Cannon of Brasse 

Two demy cannon of Brasse 

^0 Culveren of Iron 

20 demy Culveren of Iron 

ten Sakers 

six Minions also 

12000 Foot of Deale Boards 

18000 Spikes of five Inches long 

400 Shovells 

200 Baskets 

80 Handbarrowes to carry Stones 

30 Close barrowes for Morter 

Flatt and square Barrs of Iron six Tunn 

That Lead to make a Cisterne of 30 Foot long 20 Foot 
broad and six Foot deepe be likewise sent. 
[On a similar report from the Committee for Jamaica the 
Commissioners for the Navy were ordered to return an 
estimate of the cost of the following particulars : — ] 

Two double Shallops with SaUes Oares and other neces- 
saries belonging to them to be prepared and made 
ready here 

Fower YaUs likewise to be carryed from hence 



1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 325 

A sufficient Number of Planks of two Inches and an 
Inch and a haKe for the Building of three Boates of 
about six Tunn. 

Pitch Tarr Oakeham and Nayles proportionable for the 
building the said Boates to be provided and sent over 

More of Tarr twelve Barrells and fower BarreUs of Pitch 

Five hundred weight of TaUow 

Term Tunn of Hoggsheds and Punchons hooped with 
Iron 

Also that a fitt number of Ship Carpenters be sent for 
the Building of the said Boates. [p. 572. last 1|.] 

[557.] WhitehaU, 21 March: 

The Petition of Thomas EUiott Sir John CoUiton and Francis Barbados. 
Cradocke being this day read at the Board his Majestie present 
in Councili Setting forth that after severaU References made 
by his Majestie to the right Honorable the Lord Berkely Lord 
Ashley and others his Majestie granted a Warrant directed to 
his Majesties Solicitor generall for the Erecting a Bank upon 
the Secmrity of Lands &c. in the Barbadoes and therein did 
appoint the Petitioners and a fowerth Person to be chosen 
by the Governor Council! and assembly of that Island to 
erect and Governe the same which grant comeing in usuaU 
Forme to the right Honorable the Lord Chancelor his Lordship 
was pleased to suspend the passing thereof untO hee had 
advised with his Majestie and Councell thereupon And praying 
his Majesties Pleasure therein in regard there is nothing in 
the said Grant but what is Profitable for the Country It was 
thereupon Ordered that the said Sir John CoUiton the Lord 
WiUoughby and such of the Planters in the Barbadoes as 
are now in Towne and some of the Councell of Trade do attend 
the board on Wednesday the 26 of this instant March at 
3 of the clock in the afternoone [when further notice will be 
given]. [p. 579. Tj 1.] 

[558.] Ibid. 

A Relation of what passed at the Barbadoes concerning Barbados 
the Captain of his Majesties Ship the Diamond being this 



326 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662. 

day read at the Board that the said Ship the Diamond and the 
Rosebush touching at Barbadoes on their way to Jamaica 
found many Obstructions by diverse persons and more especially 
by Col. Wahond and his soim Capt. George Walrond who 
because they could not find a Submission to their Humors 
concerning two vessells they had then in Question of being 
lawf uU prize granted a Warrant of Arrest against the Captains 
of the said Ships with many Threatnings which they being 
advertised of gott aboard and sett Saile The Captaine of the 
Diamond being agauie returned to the Barbadoes found 
great Opposition in the procuring Planters and severall of 
his Seamen were committed to Prison and the Captaine 
writeing but a Letter for their Release the Gouernor caused 
him to be apprehended upon pretence that hee was like to 
breake the Kings Peace and the same Evening his Purser 
and Chaplain lyiag on Shore, the dores where they lay beiag 
broken open they were seized and clapt in the Common Goalo 
where they lay for 24 houres without any Mittimus or Cause 
showne In the morning the Captain being denyed a Coppy of 
the Mittimus he wrote to the President and was sent for by 
a Guard before him and two of his Councell where the said 
Captain was vpbraided with strange Language That the 
President caused Mr. Jennins one of the Justices to write 
downe three Articles for Capt. Whiteing to signe which if 
he refused he declared that it was Ordered by him and his 
CounceU that hee should Remaine a Prisoner till hee did and 
that hee could send him for England and the Ship to 
Jamaica and on the 25 of November the Captain was carryed 
to the Presidents house where after many Threats hee ordered 
him and his Chaplaine also a Prisoner to repaire on Board but 
that a Band of men should continue in Armes untill they were 
under Saile It was thereupon Ordered by his Majestie in 
Councell that* [p 532. ^ 1.] 

* A blank apace of about four Unes follows, but on II and 13 AprU, it is 
ordered that Lord Windsor examine the case at Barbados on his way to 
Jamaica, without any reflection on the Governor of Barbados, and report to 
the Duke of York. The order of the Uth is misplaced and correctly dated 
m a, marginal note. [ 602, H 4, and 609, f 2.] 



1662.] ACTS OF THE PRIVY COUNCIL (C0L0NL4L). 327 

[559.1 WMtehaU, 4 AprU : 

[The Council approve the estimates returned by the Jamaica. 
Ordnance and Navy Boards according to the Order of 
12 March, and order the stores to be provided and pay- 
ment to be made accordingly : — 

The Officers of the Ordnance are] also to provide and send 

six able and skilfuU workemen, for the makeing of Brick and 

Tyle for the buUdirig his Majesties forts at Jamaica. 

[p. f 
[Ordnance Estimate] : — 

Cannon 2 at vjl. a peece 

Demy Cannon 2 at vL a peece 

Culvering 20 at iiij Z. a peece . . 

Demy Culvering 20 at iijZ. x»\ a peece 

Saker 10 at Ivs. a peece . . 

Mynion 6 at xlvs. a peece . . 

Deale Boards for Plattformes .. .. 12000footeat 8 ffoote perj 

Deale amounts to 1500 1 087 10 
Deales at xiiijd. each] 



92, p 


59*.] 


I. 


o. 


d. 


.. 012 


00 





. . 010 


00 





. . 080 


00 





. . 070 


00 





.. 027 


10 





. . 013 


10 






12000 fioote at vi3. perl 

ffoote [300 00 



040 


00 





006 


13 


4 


014 


00 





013 


10 





132 


00 






Which said Deales being conceived 

to be vnservicable for Plattformes 

it is humbly proposed that the 

like Quantity of Oaken Plancke 

of 2 inch may be provided instead 

thereof vizt 

( 18000 poizperest. 5ts. atl 
Spikes of Iron of 5 Inches longe j ^j^ _gj. to^n [ 210 00 

ShoveUs 400 at ijs. a. peece . . 

Basketts 200 at viijd. a peece 

Handbarrowes to carry Stones . . 080 at iijs. vj a peece . . 

Close wheele barrowes to carry Morter 030 at ix«. a peece. . .. ' 
fflatt and Square Barrs of Iron . . 006 tonn at xxiji. per ts. 
Lead to make a Cisteme of 30 ffootel poiz per est 7te. together 1 

long 20 ffoote broad and 6 Hoote I with Sodder at 201. [ 210 00 

deepe j per *« j 

ffor the Charge of Transportation of the said provisions on 
board such Shipp as shalbe appointed to carry them to 
Jamaica together with primeing and laying in oyle cuUour 
the Carriages aforesaid and other incident charges wiU 

amount to per est 

TotaU of the said provisions if the Platformes 1 .^g .o a 

be of Deale boards J 

TotaU if the samebe of Planke as is humbly) ^^39 93 4 

proposed wilbee* I 

Signed ffra: Nicholls. Edw: Sherburne 

* In a letter to the Ordnance of 16 April it is ordered that the platform be 
of two inch planks. b- *'03, H 2.] 



100 00 



328 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662. 

[Navy Estimate] : — 

I. «. d. 

Two Shallops to be in length 40 fEoote at 601. each Shallop . . 120 00 
ffotir yaules to be in length 20 fioote each at 121. a yaule . . 048 00 
Two Inch and inch and i planke 12 Loades at 41. per Load for 1 „ .„ „^ 

the building of 3 Boates to carry Six Tonnes each Boate J 
Pitch Tarre Okeham, nayles and other necessaries for the finishing 1 ai k nn n 

of 3 Boates . . . . J 

Sixteene Barrells of pitch and Tarr for Stores and other vses 1 ._. „ 

at 20s. each J 

Tallow for Stores ffive Hundred weight at ii]7. per Hundred . . 015 00 
Six Shipwrights for the building and finishing of the Boates at 1 ^„„ „„ „ 

40«. per man per mensem Hor 3 Moneths J 

Iron bound caske 10 Tonns at 44s. per Tonn 022 00 

Toto 320 00 

Signed Will Batten, Samuell Pepys. 

Whereas the Lord Windsor presented this day a memoriall 
to the Boord conteyiung the yearely charge of standing pay 
of 150 Horse and 400 ffoote for his Majestys service in the 
Island of Jamaica at a ffonrth part pay vizt 

I, 0. d, I. tf. d. 

150 Horse at Td. ob each per diem .. .. 1710 18 9 1 

400 ffoote at Id. each per diem 1216 13 4 [ 

Captaine of Horse One per annvmi 0061 16 6 ) 

Lievtenant of Horse One per annum . . . . 0041 00 

Comet of Horse One per annum 0039 00 f ^^^"^ 

Quarter master One per annum 0026 00 

Captaines of ffoote ffour at 601. each . . . . 0200 00 ' 

Lievtenants of ffoote ffour at ZOl. each . . 0120 00 

Ensignes ffower at 251. each 0100 00 

Serjeants ffour at 6/. each 0024 00 ) 

In all Horse and ffoote Officers and Soldiers . . 3539 08 7 

Which together with the Governors yearely Sal- 1 

lery of 2000?. is / ^^^^ "^ ^ 

The Lord High Treasm'er of England is hereby prayed, for 
the constant certeyne payment thereof, to place the charge 
aforesaid, vpon the Office of the Excise. 

[560.] WhitehaU, 11 AprU : 
Plantation The humble petition of John Knights, Thomas Knights, 
and Company late Owners of the ship called the Daniell 



0444 00 



1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 329 

whereof Henry Oakes was Master was this day read at the 
Boord, wherein they sett forth, that being the true and lawful! 
Owners of the Ship, about May last 1661 sett forth the same 
from the Port of London with severall Goods and Merchandizes 
for their owne Accompt, and did give Order to the said Henry 
Oake the Master to sayle to, or neere the Gold Coast at Guimiy, 
and there he safely arrived, and did barter away part of his 
Ladeing for 82 Negroes, a parcell of Elephants Teeth, and 
some Gold, and had as much Goods left, as would have pro- 
duced 100 Negroes more, and Provisions for them, and the 
3aid Oakes was to have sayled with the same from Guimiy, to 
the Barbadoes there to have refreshed his Negroes and soe 
to have gon to Cadiz in Spaine, there to have sould them, but 
as he was in his lawfull Employment, one Jasper Vanhuison 
Generall for the Dutch West India Company resideing at 
Guinny first seized his Boate and ffive of his men, goeing towards 
Cormantine and carryed them away Prisoners, and some 
few dales after, a ship of Amsterdam, of which one Aron 
Couzens was Commander belonging to the Dutch, being 
mounted with 30 Gims, and the ship DanieU haveing but ffour, 
the said shipp of Amsterdam .... tooke her and 
all the Goods and Negroes, stripping and piundring the Com- 
pany, and carried the said shipp and Goods to the said Jasper 

Vanhuisen at Castle de Maine, And had 

not the said Dutch soe interrupted the Petitioners Trade the said 
Negroes would have yeilded 7000?. sterling The shipp cost 
800?., and the Gold Elephants Teeth, and other Goods were 
worth neere 1000?. The petitioners have caused their proofes 
to be made in the High Court of Admiraltie and have sum- 
moned the Dutch by a puhque Edict, vpon the Exchange, 
and procured legaU notice by Letters to be given to their 
Ambassador and have done aU that the Law requireth on their 
part. The Boord haveing taken the perticulers into con- 
sideration It was this day ordered his Majestie present in 
CounceU that Mr. Secretary Nicholas and Mr. Secretary 
Morice, or one of them, should make the Case of the Petitioners 



Tobacco. 



330 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662. 

to be one of those they putt vpon the English demands, and 
also that bhe Petition be sent over recomended to Sir George 
Downing his Majestys Resident at the Hague, to represent 
the same effectually to the states Generall there. [p. 601.] 

[561. Whitehall, 23 April : 

Upon information given to this Boord by the Commis- 
sioners of his Majesties Customes, that there are lately Eight 
Ships arrived in the Port of Bristol! laden with Tobacco and 
six more there expected the Custome whereof will amount (as 
they conceive to about 12000?., but that there is not at 
present, readie money enough ia the Cittie to discharge the 
said Customes, His Majestic taking the same into his princely 
Consideration together with the present scarcety of money 
and deadnes of Trade did Order that [on security being 
given, payment may be delayed on this and any similar 
occasion]. [p. 613. ^ 1.] 

[562.] Ibid. 

Nova Scotia. Upon a motion made this day at the Boord his Majestic 
present in Councell concerning the Government of his Majesties 
Plantation of Nova Scotia It was ordered that a Graunt of 
the Government of Nova Scotia with the fEorts and Trade 
thereunto belonging be made to Collonell Thomas Temple 
during Life and that 4000 acres of the Soyle of the said 
Plantation in Nova Scotia be setled on the said CoUoneU 
Temple his heires and assignes. And Mr. Attorney Generall 
is to proceed in preparing a Graunt or Graunts of these 
perticulars accordingly. [p. 615. Tj 1.] 

[563.] Whitehall, 30 April : 
Tobacco. [Order to the High Sheriff of Gloucestershire to burn 

Enghsh tobacco in accordance with the Act of 12 Ch. II. 
(Cap. xxxiv.)* [p. 622. ]f 1.] 

* Hampton Couvt. 13 July 1662 : A letter to the High Sheriff of Gloucester 
acc'.i^ing him of great neglect " that there is yet very much Tobacco growing 
in that County that remaines undestroyed." On the same date letters similar 
to that of 30 April are sent to the High Sheriffs and Justices of the Peace of 
Worcester and Hereford. [IH. pp. 62-3. J 



1662] ACTS OF THE PRIVY COUNCIL (COLONIAL). 331 

[564.] WhitehaU, 26 May : 

Upon reading the Petition of the Planters and Traders to Virginia. 
Virginia, declaring that by reason of vast quantityes of 
Tobacco planted in England, and other places, as well as 
Virginia, that Commodity is brought to so low a price, that 
it hardly payes the datyes to his Majestie And praying 
his Majestie to inhibite the Planting thereof withm the 
Capes of Virginia after the 10th of June 1663, and so yearely 
till the pretended grievance be remedyed, by Planting more 
Staple Commodities of Hemp, fflax, Pitch, Tarr, Pott-Ashes 
&c. And that no Ship carr3ring any Tobacco shall come 
forth of the Capes of Virginia before the fiSrst day of May 
next ensueing : Consideration thereof being had by the 
Board, It was Ordered that the said Petition should be rejected, 
and their Lordshipps did declare that they henceforth would 
not receive any Petition of that nature. [p. 641.] 



CHARLES II. VOLUME III. (4 June 1662-29 Jan. 1664.) 

[565.] WhitehaU, 13 June : 

[On revision of the order of 26 May at the instance of some Virginia 
of the petitioners,] Their Lordshipps were pleased"to declare, 
That it was not their Intention to forbid or discourage the 
Merchants and Planters ""of Virginia from making their 
Addresses to them ; And Ordered, That the consideration of 
the whole matter should be resumed on Friday the 20th of 
June instant at 3 in the aftemoone ; At which time, as well 
the said Planters, Merchants and Traders for Virginia, and 
all persons therein concerned ; as also the Lord Baltemore, 
are required to give their attendance, when such direction 
shall be given as shalbe though fitt. [?). 10. ^ 1.] 

[C.S.P. II. 308 and 312.] 

[566.] Hampton Court, 29 June : 

His Majestie, with the Aduice of this Virginia and 

Board, taking into serious consideration the meanes of ^^^ 



332 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662. 

Improuement both of the pubUque and particuler Benefits 
and Aduantages which may accrew, from those Plantations, 
to this Kingdom, and for the more speedy and efEectuall 
Aduance thereof, hath thought fitt. And accordingly It is 
hereby Ordered, That Sir WiUiam Berkeley Knight, his 
Majesties Gouernour of Virginia, do forthwith repayre to his 
Gouernment there. And that then a Letter be written to him 
from his Majestie, signifying his RoyaU Pleasure, That the 
said Gouernour endeauour, by consulting with the Planters 
in Virginia, and with the Lord Baltemores Leiutenant in 
Maryland, or Commissioners appointed by his Lordshipp, to 
agree upon the promoting of the Planting of Hemp, Flax, and 
other like considerable Comodityes in those Plantations, and 
the Lessening of Planting Tobacco there ; And that the 
restraint for planting Tobacco, may be alike in both Places ; 
And It is also Ordered, That another Letter, at the same 
time, be written from his Majestie to the said Lord Baltemore 
(Lord and Proprietary of Mary-land) recommending the 
like unto him ; And that his Lordshipp do giue directions 
to his Lieutenant in Mary-land, to consult with the Planters 
there, and to appoint Comissioners to aduise with his 
Majesties Gouernour of Virginia, or such as he shall appoint 
for the same purpose ; And as concerning that part of the 
petition. That no Shipp or Uessell, carrying any Tobacco, 
shall come forth of the Capes of Virginia before the first day 
of May next ; It is Ordered That there shaU be no restraint 
of returne of Shipping from the seuerall Plantations of Vir- 
ginia and Mary-land, unlesse it be thought fitt by the 
respectiue Gouernours, Councells and Assemblyes of the said 
Plantations. [p. 33.] 

[567.] WhitehaU, 2 July : 

En'^iand '^^^ Petition of the Company for propagation of the Gospell 

in New England and Parts adjacent of America was this day 
read at the Boord, shewing that heretofore by the blessing 
of God on the Endeavours of some of the EngUsh nation 
many of the Heathen Natives of New England were con- 



1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 333 

verted to the ffaith of Christ, which being knowne in 
England, it invited the Pretended Powers that then were to 
constitute a Corporation for the carrying on of that Worke 
And to graunt Liberty for a generaU Collection to be made 
throughout England and Wales whereby divers Summes of 
money were raysed, and Land purchased for the setling an 
yearely Revenue for that end, wherein such a Considerable 
Progresse hath been made, that very many of the Indians 
haue been civilized and brought to hke the English Manners 
and Government and many haue been brought to the Pro- 
fession of the GospeU, And the whole new Testament, ana 
a good part of the old (whereof the rest is makeing ready for 
the Presse) hath been there printed in the Indian Language, 
That his Maiestie graciously considering the Consequences 
of so glorious a Worke, hath lately erected a Corporation to 
carry on and perfect the same, who at their first Entrance 
do find that the space of Two yeares last past the Charges 
haue much exceeded the Incomes appropriated to that Worke, 
and that their Revenue is much too small at present to carry 
on the same according to his Majestys pious intentions, 
especially in regard of the Greate Charge that wUbe requisite, 
partly for recovering the greatest part of their Revenue 
injuriously deteyned from them, and partly for the perfecting 
so costly and yet necessary a Worke as the perfecting the 
translation and printing of the Bible, and partly for the 
maintenance of Schooles for the breeding vp of the Indian 
Children, not only in the Principles of Christianity, But to 
the knowledge of good Literature, and Trades, whereby they 
be not only taught the true Religion, but civUized also and 
brought to submJtt to his Majestys gracious Government 
And therefore most humbly prayed that his Majestic would 
be pleased to graunt a Breife for a GeneraU Collection to be 
made throughout England and Wales for the Purpose afore- 
said. Which their Lordships takeing into their serious Con- 
sideration and being desirous to giue aU encouragment possible 
to the said Corporation for the carrying on of the said Worke 



334 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662. 



so well begun, did think fitt to recommend it to the right 
honorable the Lord Chancellor, who is prayed to take the 
same into his particular Care and giue order for a Breife 
accordingly. [p. 38. hst %] 

rCS.P. II. 319.] 
[568.] Whitehall, 8 August : 
Barbados. The Petition of fErancis Cradock Esqr being this day read 

at the Board, Shewing, That in August 1660 his Majestic 
was gratiously pleased by his Letters Patents vnder the 
Great Scale of England, to grant vnto the Petitioner, for 
terme of his life, the place of Provost Marshall GeneraU in the 
Island of Barbadoes, with power to substitute deputyes, and 
with such fEees, profitts, Priviledges &c as any others here- 
tofore have, or ought to have, hold or enjoy. That Colonell 
Humphry Waldram, President of the said Island, hath dis- 
posed this his Majesties favour to the Petitioner, to freinds of 
his owne, by Creating them Titles of Serjeants at Armes &c, 
and causing such Precepts and Warrants to be directed to 
them, as belong to, and were ever heretofore executed by the 
Provost Marshall. And Praying this businesse may be heard 
before his Ma]estie And that the Lord Willoughby be desired 
to attend the same &o. [The petition was ordered to be 
heard on Friday, 22 August, and Lord Willoughby is to have 
timely notice in order that he may then offer any objections 
he may have.] [p. 96. 1[ 2.] 

[C.S.P. II. 344.] 
[569.] Whitehall, 15 August : 

It was this day Ordered, That the Lord High Treasurer 
of England, and the Principall Oflficers and Commissioners of 
his Majesties Customes doe take especiall care to see that 
part of the Act for Navigation, which provides that no Shipp 
I that loades in any of the Plantations belonging to this 
Kingdome, doe goe into any fEorraigne part without touch- 
ing ffirst in England. This being grounded vpon an Advice 
given by Sir George Downing that divers English Shipps 
laden in Barbadoes are lately arrivea in HoUand without 



Barbados. 



1662.] ACTS OP THE PEIVY COUNCIL (COLONIAL). 335 

touching in England ; And likewise that Holland Shipps doe 
bring into London and other Ports Goods prohibited by the 
Act in Holland Vessells. And it is further Ordered that the 
Principall Of3&cers and Commissioners of his Majesties Customes 
doe give Order to all other Officers thereof to see the same 
put in due execution. [p. 101. ^ 2.] 

[570.] Hampton Court, 17 August : 

Whereas by the humble Petition of Henry Adys Citizen Surinam. 
and Vphoulster of London (on behaKe of himselfe and six 
ffamilyes more) who vpon pretence of tendernesse of Con- 
science desire to transport themselves into the West Indies, 
vnder the Government of the Lord WUloughby of Parham, 
Governour of his Majesties Plantation in Suranam : It was 
Ordered, That the Masters of the said severall ffamilyes sub- 
scribing their said Petition should have Passe-Ports, or 
Licences as they desired ; Which being donne and performed 
by the said Henry Adys, and hee haveing given in the names 
of such whom hee desires to transport with him. These are 
to will and require you and every of you whom it may con- 
cerne, to permitt and suffer the said Henry Adys with Mary 
his Wife, Timothy Adys his Sonne. Sarah Adys his Daughter, 
Anne Ware a Mayd-Servant, and Peter Segar, and two other 
Menservants, to Imbarque and Shipp themselves in any of 
his Majesties Ports in such Shipp or Shipps, VesseU or Vessells 
as they shall Contract or agree with for their Transportation, 
with such Goods, Househould stuffe, VtensUls for Husbandry, 
Merchandize, and other necessary Commodityes for their 
accommodation (not prohibited to be exported) and paying 
the vsuall and accustomed Dutyes for the same, and peaceably 
to proceed on their Voyage to Suranam in the West-Indies 
aforesaid. For all which this shall be asweU vnto them, as to 
aU persons whom it may concerne sufficient Warrant. 

To all and every his Majesties AdmiraUs, Vice Admiralls, 
Captaines, and Commanders of his Majesties ffleets, and Shipps 
at Sea, and also to the Commissioners and Cheife Officers of 



Virginia. 



336 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662. 

his Majesties Customes, and to all other his Majesties Officers 
and Ministers whom it may concerne. 

The like Licence granted to Richard Afflett Citizen and 
Chandler of London, Anne his Wife, Susan his Daughter, 
George Nicholson his Servant, and Mary Hall a yong ChUde, 
his Kinswoman. [p- 103. last %] 

[571.] WhitehaU, 3 September : 

[As Sir Wniiam Berkeley is speedily to return to Virginia, 
the Board wiU consider the concerns of that Plantation on 
Friday next : the Lord Treasurer, the Chancellor of the 
Exchequer, and Sir William Berkeley to attend, and the 
Secretary to the Council of Plantations to attend with all 
Transactions and Orders of that Councill relating to the said 
Plantation of Virginia.] [p. 123. If 1.] 



Committee 
of Planta- 
tions. 



[572.] Whitehall, 5 September : 

Whereas by a former Order of this Boord the Lord 
Treasurer, Lord Privy Scale, Lord Chamberlaine, Earle of 
Leicester, Earle of Anglesey, Lord Hatton, Lord Holies, Lord 
Ashley, Mr. Treasurer, Mr. Comptroller, Mr. Vice-Chamber- 
lain, Mr. Secretary Nicholas, and Mr. Secretary Morice, or 
any Three of them were appointed a Comittee to consider of 
aU Businesses relating to forrain Plantations, It was this day 
Ordered, that the Lord Chancellor, the Earle of Portland, 
and the Earle of Sandwich be added to the said Comittee. 

[p. 127. ll 3.1 

[On the 10th this Committee is directed to meet] every 
Thursday at Nine of the Clock in the morning at the Councell 
Chamber at Whitehall. And that the first meeting be on 
Thursday the 18th of this instant September. [p. 128. f 3.] 



[573.] WhitehaU, 12 September : 
Virginia. [A petition of Robert Sandford is read and ordered to be 

dehvered to Lord WOoughby of Parham, who is desired to 



1662.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 337 

attend the Council on Thursday the 15th instant,] their Lord- 
shipps intending then to take that busines into consideration. 

[V. 130. U 1.] 

[574.] Whitehall, 15 September : 

By the Committee of the Lords and others of the Councill New 

England and 
appointed for fforreigne Plantations : — It was this day Ordered, Barbadoa. 

that Colonell fErowd secretary to the CounciU of fforrain 

Plantations do attend this Comittee in the Councell Chamber 

at Whitehall on Thursday the 25th of this instant September 

at Nine in the Morning and bring with him all Orders and 

Papers relating to New England and Barbadoes. [p. 139.] 

[575.] Whitehall, 24 September : 

[On hearing the report of Dr. Exton, Judge of the St. 
Admiralty, upon a memorial from the Dutch Ambassador 
in the case of the Orange Tree of Middelburg, taken by 
virtue of a Portuguese Commission and brought to Plymouth 
and arrested there for breach of the Navigation Acts, 
referred to him on 12 September,] It was further resolved 
by the Boord, That the Issue be whether the said Goods 
and Merchandizes or any of them, were of the growth 
of an English Plantation in St. Christophers or laden from 
an English Port there. And for the better discovery of the 
truth therein. That the Judge of his Majestys High Court of 
Admiralty do proceed in due forme in the Examination of 
such proofes and Witnesses as shall be produced in the said 
Cause, and make Report thereof to this Boord within Twenty 
dayes or sooner, that so such further Order may be given 
therein as shall be just. [f. 346. ^1.] 



[576.] Whitehall, 25 September : 

At the Committee for Plantations : Present : — His Royall New 
Highness the Duke of Yorke, Lord Chancellor, Lord Privy Barbados 
Seale, Duke of Albemarle, Earle of Portland, Mr. Treasurer, ®"°- 
Mr. Vice-Chamberlain, Mr. Secretary Morice. 

23 



338 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662. 

The Settlement of the Plantations in New England seriously 
debated and discoursed and the Lord Chancellor declared 
then that his Majestie would speedely send Commissioners to 
settle the respective Interests of the severall Colonies. The 
Duke of Yorke to consider of the choice of fitt men. 

A Patent of Corporation to be graunted to Rhode Island. 

The Instructions prepared for the Lord Willoughby of Par- 
ham Captaine Generall of Barbadoes were this day read cor- 
rected and approved. And it was Ordered that Mr. Attorney 
Generall do see the same, and also prepare a forme of a 
Graunt for the said Lord WiUoughby to setle and graunt 
Lands in the said Plantations.* [p. 147.] 

[C.S.P. II. 320.] 

[577.] Whitehall, 15 October : 

St. [In the case of the Orange Tree, the Judge of the Admiralty 

Christopher. j.gpQj.^gj j ^^g finde that these Witnesses which are examined 
doe prove the difference in makeing vp of the RoUes of 
Tobacco made vp by the English in the Enghsh Plantation 
from those made vp by the ffrench, and other Inhabitants 
there, that they are easily distinguished one from the other ; 
the Enghsh makeing vp theirs constantly in short RoUes, and 
great Twists, and without Molossus, and that the ffrench 
and other Inhabitants there, doe make vp theirs in small Twists, 
and long Rolles with Molossus ; And that they haveing been 
aboard the said Shipp vpon the said Commission of Inspec- 
tion, did finde a great number of Rolles of Tobaccoes in the 
vpper part of the said Shipps hold, and that at the least one 
third part of the said Rolles were made vp in great Twist and 
short Rolls without Molossus, and to be of the English make, 
and growth of the English Plantation, and the rest in small 
Twists and long Rolles, as by the originall Depositions, which 
I have caused to be brought along herewith will appeare. 

* This entry and that of 15 September are the only Minute.s given of the 
Committee, though there is a space in the Register where the minutes of the 
meeting on 2 October may have been intended to go. The Jlinutes of this 
meeting on 15 September are placed after those of the Council meeting on 
17 September, as if the clerk had been in doubt whether to insert them, 



1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 339 

Against which proofe the other partyes are, after Publication 
to make their defence before Adjudication, if they wiU vse 
any. Besides, one of the Witnesses produced on the part of 
De leaker and Company Deposeth, that hee hath seen about 
12 Dutch Shipps at a time at St. Christophers, and that hee 
beleives about 30 Dutch Shipps in a yeare are there Laden ; 
and that another of the Witnesses produced on the same 
part Deposeth, That the Commodityes growing on the ffrench 
Grounds and Plantations on the said Island of St. Chris- 
tophers, doe, and will (as hee beleiveth) lade, one yeare with 
another about 12 Shipps of ordinary burthen. Other proof es 
there be, which are made on both sides concerning Sande 
Point whether the same be in the English Plantation or the 
ffrench, which I have likewise pervsed, but doe finde that 
they being different and various will require s'ome further Con- 
sideration vpon the hearing of Councell on both sides, which 
said originall depositions I have likewise caused to be brought 
along with the rest. All which I humbly submitt to your 
Majesties and your Lordshipps gratious Consideration, John 
Exton. Vpon due Consideration whereof this Board not 
finding any just Cause for continuing tlie said Shipp vnder 
Arrest, [give order for her discharge], [p. 170. ^ 2-p. 172.] 

[578.] Whitehall, 12 November : 

Vpon reading the Petition of John Raynor Esqr., Deputy Newfound- 
Gouernour vnder the Lord Baltimore, in Newfound-land, 
Setting forth. That the petitioner at Newfound-land, in July 
last, seised a Dutch-built Shipp, pretended to be called the 
John of Topsham, for Trading contrary to the Act of 
Navigation, having no Certificat to cleare Her ; Which Shipp 
vpon the said Seysure, was sent for England, to be here pro- 
ceeded against as forfeyted to his Majestic, and the Seysers. 
That the said Shipp putting into Dartmouth, was arrested in 
the name of John Borr of Dublin, (as belonging to himself) 
by vertue of a Warrant out of his Majestys high Court of 
Admiralty ; That, vpon that Arrest, his Majestys Councell 



340 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662. 

pleaded his Majestys Interest therein, made proof es, and 
were ready for the Sentence of that Court ; And that the 
petitioner is Informed, that the Judge of the Admiralty hath 
made a Report vnto his Majestie touching the said Shipp. 
And praying that his Majestic would please to heare his 
Councell m that Court, before any Order be. made vpon the 
said Report ; [Friday, 14 November,] is appointed for the 
reading of the Report of the Judge of the Admiralty in 
the said Cause, at this Board, and for further proceedings 
thereupon, as shall be thought fitt ; At which time Dr. John 
Exton (Judge of his Majestys said Court of Admkalty) Sir 
Robert Wiseman Knight (his Majestys Aduocate) and Sir 
Walter Walker (one of his Majestys learned Councell) and 
all other Persons concerned therein, are required to giue their 
Attendance. [p. 199-] 

[579.] Whitehall, 14 November : 
St. Vpon the Petition of John Mayer Schipper and De Leaker, 

and the rest of the Owners and Proprietors of the Shipp 
called the Orange Tree of Middleburgh, Subjects of the King 
of Prance, and the Lords States of the Low-Countryes, this 
day read at the Board, Setting forth. That their said Shipp, 
by Combynation between Captain Downeman and Francis 
Dorington Merchant, having contynued vnder Seysure in the 
Port O' Plymouth, without any cause or Colour, for eight 
moneths space, notwithstanding his Majestys high Court of 
Admiralty, and this Board, haue severally Ordered her Dis- 
charge ; And that since the Order of the 15th of October last, 
shee hath been again Arrested in Ten thousand pounds by the 
said Dorington at the Suit of Downeman, vpon the same 
pretensions for which shee was formerly Cleared, And that the 
said Dorington hath caused the said Schipper to be Arrested, 
the 3d of this Moneth, by Writ out of the Kings Bench, at 
Suit of the said Downeman, and layd him in Gaole, with 
sundry other violent proceedings ; And that besides those 
Oppressions and Injuryes a demaund was made of 901. ffees 
pretended to be due to the Vice-Admjrall of Deuon, and hau? 



1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 341 

Charged the same on the said Shipp ; This Board, having 
consulted their former Order of the 15th of October last 
[the release of the vessel is again ordered]. [pp. 203-204.] 

[580.] Whitehall, 14 November : 

[On full consideration of the case of the John of Topsham, Newfound- 
on the report of the Judge of the Admiralty, it is ordered] ^"^ ' 
That the said Cause be remitted and left to his Majesties 
High Court of Admiralty ; And in Case the Court of 
Admiralty shall Bayle the Shipp, that then they take 
caution that in what Court soever the Cause shall be 
Adjudged in that they shall be answerable to stand to the 
Judgment. [p. 206. ^ 1.] 

[581.] Whitehall, 21 November : 

The Petition of Mary the Relict of John Burghill, Elizabeth West indies. 
Relict of John Sparkes, George and Thomasine Bradford, 
Grand-Children of Nicholas Greene on behalfe of themselues 
and diuers others (who were long time Seruants to the Right 
Honorable James late Earle of Carlisle deceased) togeather 
with a Report of his Majestys Attourney Generall being this 
day read at the Board, It was Ordered that the Petitioners 
attend the Lord Willoughby of Parham Gouernor of the 
Careby Islands, &c. and his Lordshipp is desired to Consider 
of the said Petition and Report, and to returne to this board 
his Answer, which way the Petitioners shall, or may haue 
and obteyne due effects of their desires. [p. 224.] 

[582.] Whitehall, 12 December : 

[Robert Downeman having represented that] Forasmuch St. 
as the Petitioner hath legally proceeded according to his Com- ^ °^ ^^' 
mission, and hath not imbeazeled or taken any goods as is 
aUeadged, And that the said Master John Meyer hath 
acknowledged that the Petitioner hath dealt civilly with him, 
and that he could not find that any goods were taken out 
of the Hold, as by Certificate and Depositions is fully proued ; 
and the Petitioner haueing been turned out of the Orange Tree, 



342 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662. 

if there hath since happened any Imbeazlement he cannot be 
guilty thereof, And therefore humbly prayed that the like 
grace and ffavour might be extended to him and his Bayle, 
as to the Dutch, and that they may be discharged. Where- 
upon it was Ordered, that in regard the Ship Orange Tree 
is aUready ffreed and gon for Holland that the Petitioner 
Robert Downeman and his Bayle be likewise forthwith dis- 
charged for taking the said Ship, and from any Obhgation 
entred into by them in the Court of Admiralty to prosecute 
the said suite Of which not only the Judge of the Admiralty 
but all others whom it concernes are to take notice and governe 
themselues accordingly. [p. 250. ^ 1.] 

[583.] Whitehall, 17 December : 

St. Whereas the Petition of John Meyer Master and others 

Owners of the Shipp Orange Tree was read at the Boord, 
Shewing that part of her Lading to 1200L value and upwards 
was taken out of her by one Downeman That the Petitioners 
by the vexatious prosecution of one Dorrington, Bayle in the 
Court of Admiralty for the said Downeman haue been by the 
said Arrest danmifyed aboue 3000?. which they did not doubt 
to recover by due course of Law against the said Dorrington, 
But the said Dorrington upon divers false Suggestions 
that Downeman had legally proceeded according to his 
Commission, and that he had not imbeazeled or taken any 
of the Petitioners Goods but had used the Petitioners kindly, 
obteyned an Order to discharge the said Downeman and his 
Bayle, the Petitioners not being heard therein, And therefore 
humbly prayed the benefitt of the Lawes to repairs themselues 
against the said Downeman and his Bayle, Vpon consideration 
whereof, It was this day Ordered, That the Judge of the 
Admiralty do consider of the Allegations aboue mentioned, 
and of the late Order of this Boord of the 12th instant . . 
and report to the Boord in writing, upon ffriday next the 
19th present, whether notwithstanding that Order, the said 
Downemans Bayle be not lyable to all Suites that shall be 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 343 

against him, for any Imbeaaloment or depredations comitted 
on the Goods of the said Ship, since the taking thereof where- 
upon the Boord will giue such further Order therein as 
shalbe fitt. [pp, 252-3.] 

[584.] Whitehall, 4 February : 

The humble Petition of Edward Bushell Merchant being Barbados, 
this day read at the Board, Complajniing, That he hauing out 
of meere Charity and Compassion taken into his Service and 
Imployment one Thomas Bushell, a poore Kinsman of his 
to doe him good for his better Encouragement and Aduance- 
ment sent him (some yeares past) beyond the Seas and setled 
him in the Barbadoes, intrusting him as the Petitioners 
Servant and Factor, with considerable Cargoes of goods and 
Summes of Moneys and thereby hath at present in his hand 
and possession a great part of the Petitioners Estate to the 
value of 7 or 8000L Sterling, That the said Thomas Bushell 
hath, contrary to all Bonds and tyes of Duty, and humanity 
dealt vnfaithfully and ingratefuUy with the Petitioner Con- 
verting the Petitioner's Estate to his owne vse, and cosum- 
ing the same. And refuseth not onely to come to an Accompt 
of what hath beene Comitted to his trust, But assaulted and 
wounded the Petitioners freinds and Relations imployed and 
Authorised to call him to such Accompt and the more effec- 
tually to defraude the Petitioner, and Shelter himseKe from 
the Ordinary Course of Justice, he hath (with the Petitioners 
proper Estate) purchased in his owne name A small Planta- 
tion of 16 Acres in the said Island and thereby made himself e 
a Freehoulder whose priuiledge is (by the Law and Custome 
of that Countrey) to be Exempted from Arrests and giuing 
of Bayles, Whereby the Petitioner (who of late Yeares hath 
had a Considerable Trade to the said Plantation both in 
Stock and Shipping) is likely to be despoyled and Impouerished 
(at least discouraged) in that his former Trade thither, And 
humbly Praying, That the Lord WiUoughby of Parham, 
Governor of his Majesties said Island of Barbadoes, Or the 
President and Councell there, may be Ordered to Secure the 



344 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663 

person of the said Thomas Bushell vntill hee conforme to the 
setling of a perfect Accompt of his trust From the Petitioner 
and Giueing Satisfaction therevpon, Or vpon refusall thereof, 
That the said Thomas Bushell be returned for England to 
answer the Petitioner at Law. [The petition was granted, 
and directions sent to Lord Willoughby to proceed accordingly, 
certifying the Board of his action therein] that their Lord- 
shipps may therevpon giue such further Order by sending 
for him ouer into England to answer the said Edward Bushell 
at Law or otherwayes as shall be thought expedient. 

ip. 287. II 2.] 
[585.] Whitehall, 6 February : 

teTiw^^ [Sir William Compton, Master of the Ordnance, is added 
England. to the Committee appointed for the affairs of New England.] 

[p. 294. 11 1.] 
[586.] Whitehall, 25 February : 

Jamaica. It was this day Ordered by his Majestic in Councell, That 

the humble representation of the Officers of Mihtia in Jamaica 
to the Kings Majestic sent by the Lord Windsor Gouernour 
there, and by his Lordship deliuered in Councell should be 
entred in the Register Booke of CounceU Causes. 
May it please your Majestic 

Wee the Officers of the present Militia, late army, and 
Gentlemen in this your Island of Jamaica (haueing a iust 
sence and apprehension of that eminent and general] blessing 
of your Majesties Glorious Restauration, and of those particular 
Satisfactions and benefitts which wee haue had thereby) could 
not longer deferre our humble and gratefuU acknowledg- 
ments, that our pens (as well as our hearts) might speake our 
affection and thankfuUnesse, for your Majestys fauour ia 
owning vs, your bounty in supplying vs, and your gratious 
and Royall pleasure in Comanding so apt. Worthy and Honor- 
able a Person as the Lord Windesor to be our Gouernor who 
hath giuen vs such a foundation of Settlement that we can 
now call our poore Improuements our owne, when as formerly 
we were a People Exiled and throwne into all manner of 



1663.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 345 

necessities, in the vtmost corners of the earth forgotten (by 
the difference and distractions of those vnhappy times wee 
lined in) not only to our friends and the English Nation, 
but to our owne hopes also, vntill your Majestie was 
graciously pleased to let your mercy Extend it selfe to another 
World, and owne vs your Subjects, by those vnlimitted Acts 
of goodnesse which are onely proper to your Majestie who 
(aboue all the Princes of the earth) hath learned to Com- 
miserate the vnhappy, It is vnder your shaddow (our gracious 
Lord of Jamaica) that we hope to grow, and in time produce 
such fruits and aduantages to your Majestie and Kingdomes, 
that posterity will blesse your name for your Princely care in 
releiuing vs, and prudence ia Inlargeing your Majestys happy 
Dominions, Our Obligements and humble acknowledgments 
are (and ought to be) so many, that we dare not further trouble 
your Majestie, but referr the Exacter accompt of our selues and 
affaires, to our Noble Lord Gouernor who wee hope God will 
bring in Safety and health into your Royall presence to assure 
you by his mouth how passinatly and really wee are. 

Your Majesties gratefuU FaithfuU and humble 
Subiects 

This Representation was Subscribed by Richard Pouey 
John Man Thomas Hauriman Wm. Beeston, and foure-score 
more. [p. 326.] 

[587.] WhitehaU, 11 March : 

This day Mr. Secretary Bennett exhibited this ensuing Plantation 
Letter* to the Boord, which was read and approued of. And 
it was Ordered to be entred in the Register Booke of Councill 
Causes as followeth in haec verba vizt. 

Whereas Wee are certainly informed, that the Spanish 
Planters of West India haue lately attempted to trade with 
Our Island of Barbada for a supply of Negro Slaues, and did 
to that end resort thither, first with their monies onely, and 
afterwards with both money and other comodities, But then 

* It is not stated in the Register to whom the letter was to be sent. 



346 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

departed thence abruptly in greate dissatisfaction, in regard 
that they were given to understand that they could not 
lawfully import into that or any other Our American 
Dominions the Commodities of the manufacture and growth 
of their Plantations and yet left behind them a promise, that 
if they might have assurance of free accesse and recesse with 
their Shipps moneys and Goods, and free Pratique and com- 
merce with Our Subjects in Our said Plantations, they would 
make them Martes from whence they would purchase their 
supply of Negro Servants, and such other European Comodities 
of all sorts as their owne Plantations may want, and pay Vs 
a reasonable Custome for the same. 

And whereas Wee find upon good and mature dehberation, 
that Our graunting of such Assurance as is desired by the said 
Spaniards may redound not only to the increase of Our 
Revenue, but also to the signall Advantage of Our good 
Subjects both at home and abroad, in point of their trade and 
Navigation, and judging that the cause doth not in any wise 
crosse the generall or speciall intention of the Act for 
Navigation. 

Wee haue therefore thought fitt and do hereby declare, 
That Our Royall WiU and Pleasure is to giue and graunt, 
and Wee do hereby giue and graunt free hcence and Warrant 
to any of the Spanish Subjects of America, to come from any 
Port of America, and to enter into any Road, Port or Hauen, 
of Our said American Dominions, with their Shipps, Moneys, 
Bulhon, and Goods, and freely to sell barter, and exchange 
the same to and with Our Subjects there, and as freely to 
returne to any of the said Spanish American Ports with their 
Shipps, and such Goods and Negroes as they shall haue 
bought in our said Dominion, without any lett trouble or 
molestation to be made or given by you, or any other Our 
Officers or Subjects mihtary or civill, whatsoever. And Wee 
do hereby command that both you and they do lend the utmost 
assistance for the inviolable observance of this Our Graunt, 
and free Licence aforesaid, Any thing in the Act of Navigation, 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 347 

or any other Law Statute or Ordinance, or any Letters of 
Mart or Reprizall given or to be given to the contrary 
Notwithstanding. 

And Wee do further hereby impower and require you to 
make and giue free Passeports and protections accordingly 
to any such Spanish Shipps, Monies and Goods trading to 
or from any of Our said American Dominions under your 
Government, when and as often as you shall be thereunto 
requested and desired. 

Prouided allwaies, that such Spaniards do agree, and 
accordingly well and truly pay for Our use to such Person 
or Persons as Wee shall appoint to collect and receiue the 
same. 

ffor all Goods and Merchandizes whatsoever either imported 
or exported the same duties of Tonnage and Poundage as is 
now established by Law in this Our Kingdome of England, 
to be paid in peices of Eight RoyaUs at the rate of fEour 
shillings the peice. 

And for every Negro person or Slaue, that the said 
Spaniards or any other shall transport for any other Port or 
Place in America, other then such who are actually under 
Our obedience, Tenn peices of Eight for each Head. 

Excepting allwaies all such Negro-Slaues as are or shall 
be brought directly or immediatly by Contract made here 
in England with our Company of Royall Adventurers of 
England trading to Africa. All which Our Royall Will and 
pleasure is, shall and may be free exported without the 
payment of any Duty or Imposition whatsoever to Vs or Our 
Successors. 

And further Our will and Pleasure is, and Wee do hereby 
require you to giue your expresse Order and assistance to 
Our Collectors, and other Officers of Our said Customes, That 
no Negro Persons be exported from any the Islands or places 
within your Government under pretence of furnishing any 
Plantation of Our owne American Dominions, untill the 



348 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1663. 

transporter or Lader of them shall haue first given good and 
sufficient Security by Bond to the use of Vs and Our Suc- 
cessors, that he will returne Certificate within a Competent 
time from the place to which they are bound that the said 
Negros are there landed and disposed of to the use of the said 
Plantations. 

And Our further wiU and Pleasure is, and Wee do hereby 
strictly command and enjoyne you, and aU Our other Ministers 
and Officers under you, that you do not permitt or suffer 
any Goods, Monies, or Merchandizes whatsoever, that shall 
be so imported on Spanish Ships by virtue of this our Licence 
to be reshipt and exported thence, on any other Shipps or 
Vessells, then those, that do and shall properly belong unto 
Our Subjects of England, and for which the Merchants and 
Laders thereof, and the Commanders of the said Shipps and 
Vessels do giue you good security by Bond to our use, that the 
same shall be brought into Our Kingdome of England directly 
and there landed, and not elswhere. 

And further Our Will and Pleasure is, that you giue to the 
Commanders of every such Ship a Certificate of the quantity 
and quality of all such monies. Bullion Goods and Merchan- 
dizes as he shall haue given you such security for, to the end, 
that the same might be exhibited to the cheife Officers of Our 
Customes here in the port, where the same shall be entred and 
landed. 

Prouided allwaies that the King of Spaines Subjects shall 
not by virtue or colour of this Our Licence be permitted to 
import into our said Island of Barbada, or any other Our 
American Plantations, any Goods, Ware or Merchandizes 
whatsoever of the Growth or manufacture of Europe Asia, 
or Africa, It being the true intent of this our gratious Licence, 
that the said Spaniards shall import no Goods or Merchandizes 
whatsoever, saving only such as are the proper product of the 
Spanish American Plantations. Prouided also that the said 
Spaniards, shall not by virtue of this Our Licence haue Liberty 
to export from any of Our American Plantations any 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 349 

Comodities whatsoever of the product of Our said Plantation, 
sauing onely such necessary provision, as shall be requisite 
for the feeding of themselues and such others as they shall 
transport from thence. [pp. 336-338.] 

[588.] Whitehall, 13 March : 

[Upon the petition of William Chamberlain and Tobias Frere, Barbados, 
permission is granted to export fifty geldings for the use of 
their Plantations in Barbados] Provided that they do not 
exceed the prize of about seauen pounds each Gelding ; nor 
transport Stone-horse or Mare. [p. 340. ^j 3.] 

[589.] Whitehall, 10. April : 

A Letter from New England and several Instruments and J^ew 

. . . England. 

Papers being this day read at the Board, (his Majestic present 
in Councell) did declare that he intends to preserve the Charter 
of that Plantation and to send some Commissioners thither 
speedily to see how the Charter is maintayned on their part 
and to reconcile the differences at present amongst them. 

[p. 384. Tj 2.] 
[C.S.P. II. 437.] 
[590.] Whitehall, 15 April : 

Upon reading the humble Petition of Henry Janson Dr. Barbados, 
of Laws concerning a Grant made to him of all the Wasts 
and Illegal Incroachments in and about the Island of 
Barbado's. It was Ordered (his Majestic present in Councell) 
That the said Dr. Janson, Mr. Kendall, and all others therein 
concerned do attend this Board on ffryday the 24th of this 
Instant Aprill, and that the said Dr. Janson do give timely 
notice thereof to the said Mr. Kendall, giving or leaveing for 
him a copy of the said Petition. [p. 387. ^ 3.] 

[591.] Whitehall, 29 April : 

[In the matter of Dr. Janson's petition] touchmg a Bill Barbados, 
prepared to passe his Majesties Signe Manuall, for a grant 
pf all wast grounds, unplanted and unoccupyed in the 



King 
David. 



Jamaica. 



350 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

Barbado's, not heretofore graunted and which cannot be 
Claimed by the limits of the first Plantation, ... It 
was Ordered, that the said grant be and hereby is cessated 
and layd aside, and that there be noe further proceedings 
therein. [p. 391. ^ 1,] 

[592.] WhitehaU, 20 May : 

The Board being informed by the Farmers of his Majestys 
Customes, That a Ship called King David (returned from 
Virginia) with her Lading and Tackle was seised neare vnto 
Yarmouth on Saturday last, by two or three persons who 
produced Deputations from the Earle of Berkshire And that 
Walter Senserfe Master of the said Shipp hath made no entry 
of the said Ship and goods for that they are vnder seisure, 
[the persons who seized the ship are required to appear before 
the Board to explain their conduct, producing the deputation 
under which they profess to have acted : and meantime the 
ship is to be freed from arrest]. [p. 408. ]f 1.] 

[593.] WhitehaU, 1 June : 

The right honorable the Lord Privy Scale representing to 
his Majestic, that he had receiued a Warrant of an extra- 
ordinary nature authorizing the Officers of the Exchequer to 
passe and allow the Accounts of the Lord Windsor according 
to the State thereof presented to his Majestic under the hand 
of the Auditor of the Imprest being for Seaventeene Thousand 
Six Hundred Sixty Three pounds. Ten shiUings part of Twenty 
One Thousand Two Hundred pounds imprested to the said 
Lord Windsor for the Service of Jamaica, his Majestie being 
satisfyed with his care in the disposition of the said monies, 
With his Majesties Declaration, that for the further Summes 
of Three Thousand pounds or value thereof in Goods 
alleadged to be left in Jamaica towards buying of Negroes, 
and ffiue Hundred Twenty Seaven pounds Eleaven shillings 
Eight pence with Sir Charles Littleton Deputy Governor 
there towards the building of the ffort Charles, the said Lord 
Windsor shall remaine still charged therewith, untill by good 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 351 

Evidence it shall appeare [that these sums have been 
employed according to his Majesty's instructions], And that in 
regard of the distance of place Processe be staid from time to 
time as to the Lord Treasurer and Chancellor, and other the 
Officers of the Exchequer shall seeme reasonable and convenient. 
Which the Lord Privy Scale acquainted his Majestic that it 
was an unusuall manner of passing Accounts in the Exchequer, 
And therefore desired his Majesties further Pleasure therein 
before he affixed the Privy Scale thereunto Whereupon the Lord 
Treasurer hauing reported the whole state of the busines to 
his Majestic in Councill, His Majestic was pleased to Order 
that the Lord Privy Seale do cause the said Warrant to passe 
the Privy Seale, And that this Order should be his Lordships 
sufficient Warrant and discharge for so doing. [p. 421. ^ 1.] 

[594.] Whitehall, 10 June : 

It was this day Ordered That Mr. Mariott Steward to the Carolina 
Duke of Norfolke do forthwith deliver to his Majesties 
Attorney Generall a Patent graunted in the yeare 1629 to 
Sir Robert Heath concerning the Plantation of Carolina, 
together with certaine Articles relating thereunto, by the said 
Sir Robert Heath to be performed. Which afterwards he did 
assigne over to the Ancestors of the now Duke of Norfolke, 
to be perused by him the said Attorney Generall. 

It was this day Ordered, That upon Mr. Mariotts delivery 
of a Patent to Mr. Attorney Generall graunted in the yeare 
1629 to Sir Robert Heath concerning the Plantation of Caro- 
lina, together with certaine Articles thereunto relating. That 
Mr. Attorney Generall do consider thereof and informe himseK 
how those Articles haue been performed, and to make a 
speedy Report in Writing to the Boord. 

[p. 428 TIT] 1 & 2.] 

[595.] Ibid. 

Whereas a Report of his Majesties Councill for forrain Barbados, 
plantations concerning an Order late made by the Deputy 



352 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

Governor of the Barbada's, was this day read at the Boord 
as foUoweth in hsec verba 

May it please your Majestie 

The Merchants and Traders to your Majesties Plantation 
of Barbada's haue lately represented to this Council! a 
state of certaine Greivances which they ly under by reason 
of the delay of Justice, and the legall proceedings of 
that Island for recovery of Debts and rights there. 

The said Merchants do more particularly and especially 
complaine against a late Order made in that your 
Majesties Island by the President and Councill there, 
whereby upon the petition of a small number of indebted 
persons of Three Parishes only, there being Thirteene 
parishes in the said Island, The said President and Coun- 
cill do Order, That the respectiue Judges in the seuerall 
Precincts do adjourne and make generall stay of all Pro- 
ceedings of their respectiue inferiour Officers there with- 
out the consent of the Assembly there, As by a Copy of 
the said Order annexed hereunto appeares. 

Vpon which your Majesties said Councill did Order a 
Committee of that Councill to attend the Lord Willughby of 
Parham and acquaint his Lordship with the said Order, 
and to know if his Lordship had any Accompt thereof 
from the said President and Councill, His Lordship 
declared That he only heard of such an Order by seuerall 
Complaints made to him, but had receiued no other 
Account thereof but declared his dislike of the thing. 

Your Majesties Councill hauing a deepe sense of the 
evill consequences that might ensue upon such vnpresi- 
dented Proceedings did thinke it their duty to enforme 
themselues fully in point of fact. And upon information 
of sundry Merchants and others, and the perusall of 
seuerall Letters and Papers, Do find 
1st. That there are Thirteene Parishes in the said Island, 
That the Petitioners were but a few of the most indebted 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 353 

persons of Three of those Parishes, That the President 
himself and seuerall of the Councill are much indebted, That 
the ground of that Petition being the drynesse of the Season, 
by reason of which there would be a scarcity of Sugar and 
so the Planter disabled to pay his debts, was not considerable 
as is pretended, for that it is affirmed, the season was not so 
dry but that there was the Hopes of a plentiful! Crop in most 
parts of the Island That although the Stop of Justice was 
but untill the Assembly could be convened. Yet it being in 
the Presidents power to call the Assembly, he might (and it 
is suspected) would delay the calling the said Assembly untill 
the Crop were over, Or that it were to late for the Courts to 
make any Judgments to be executed upon that Cropp. 

2 That in pursuance of the said Order certaine Merchants 
hauing obtejTied Judgment and Attachments were imprisoned 
for refusing to returne the Goods in their possession already 
executed. 

That the Planters generally take advantage of the said 
Order and refuse to pay their Debts and dispose their Sugars 
to their owne particular Accompts. 

That the ffactors take advantage likewise thereof, and 
deteyne from their Principalis here the effects in their hands 
and convert the same to their owne uses leaving their Prin- 
cipalis without returnes to their very greate Losse and 
Dammage. 

Your Majesties said Councill do find just cause to suspect 
That the said President and some of the Councill being 
deeply indebted did take hold of the said Petition aswell to 
avoid the payment of their owne debts as to gratefy the 
Petitioners. 

Your Majesties said Councill do likewise find That the 
Merchants of this Citty using that Trade are generally 
discouraged, and at a greate Stand whether to trade further 
to the Plantations by reason of this stop of Justice, to the 
greate dammage of your Majesties Customes and discourage- 
ment of Navigation. 

23 



354 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

That seuerall Owners and Masters of Ships and Seamen 
using that trade are much disheartned by reason of the said 
Stop of Justice there, ffor that the Merchants dare not 
adventure to undertake ffreight either out, or home. 

Vpon the whole matter your Majesties said CouncUl of Plan- 
tations are of opinion. That the Stop of Justice by the 
said Order of the President and CounciU of Barbada's is 
without Precedent and of such evill Consequence, That 
(unlesse immediatly prevented) will not only endanger the 
ruine of the same, but also of all other your Ma3esties 
growing Plantations in America. 

It is therefore the humble advice of your Majesties 
said CounciU That your Majestie will forthwith by some 
publique Order revert the said Order of the said Presi- 
dent and CounciU, prohibiting the Course of Justice 
in your Majesties said Island, and to forbid the Kke for 
time to come upon some severe penalty, And that your 
Majestie will giue Liberty to aU Merchants and others 
who haue suffered by the said Order or stop of Justice 
thereupon to take their legaU Remedy and course, against 
the Makers of that Order for their reparations (they hauing 
no authority for the same) And that they may be remoued 
from their present Imployment, And that your Majestie 
will giue such further directions for the quickening of 
the Proceedings of the Courts of Justice in the said 
Island, and your Majesties Plantations in generaU, as 
your Majestie shaU in your RoyaU Wisedome thinke 
meete. 

Signed : — Windesor, Jo Berkley, Jo CoUeton, Alexr 
Howe Edw Diggs Edw WaUer, Tho. KendaU. 

At a meeting of the honourable the President and 
CounciU the 10th of March 1662 

Vpon Consideration had on the seueraU Petitions of the 
Inhabitants of St. Andrews, St. Peters, and St. Lucy, and 
of the common calamity of this Island at the present. It is 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 355 

ordered by the President and Councill, That the respectiue 
Judges in the seuerall precincts do adjourne their Courts and 
make stay of all Proceedings of their respectiue inferior Officers 
untill the aforesaid Petitions, and the said necessities of the 
Island can be represented and considered of by themselues, 
with the concurrence of the Assembly at their next meeting, 
And that a true Copy of this Order be immediatly presented 
to the seuerall Judges. 

Which their Lordships taking into their serious con- 
sideration, together with the said Order of the President and 
Councill of the Barbado's of the Tenth of March, 1662, Did 
order that the busines be recomended to the care of the Lord 
Willughby, And it is hereby in a speciaU manner recommended 
to his Lordship not only to examine the particulars of those 
Greivances, but to giue effectuall and speedy redresse therein, 
according to Justice and Equity. [pp. 428-431.] 

[596.] Whitehall, 10 June : 

Upon reading this day . . the Petition of Mary Burghill and Barbados. 
Elizabeth Sparks widdowes Servants of the late old Earle 
of Carlisle on behalf of themselves and other his servants 
Their Lordships did appoint to heare the busines upon fEryday 
next And it was Ordered, That the Lord Willughby see 

the Petition and have notice given him, that he is desired to 
be then present. [p. 431. ^ 1.] 

[597.] Ibid. [Cf. 123.] 

[John Tatlow and Thomas Escott, who seized the ship Ship King 

"- ^ David. 

King David at Yarmouth, having refused to obey the 
Order of 20 May for their appearance before the Board, a 
warrant is issued to Edward Flower, one of the messengers 
of his Majesty's Chamber, to take them into custody and 
produce them before the Council to answer their misdemeanours 
and contempt.] [p. 432. ^ 1.] 

[598.] Whitehall, 13 June : 

This day these Instructions following for the Lord West Indies, 



356 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

Willughby of Parham were read at the Boord, and approued, and 
Ordered to be entred in the Register Booke of Councill 
Causes. 

1. You shall with all convenient speed, make your Repaire 
to some place within Our Commission mentioned, that you 
may the better put the same in execution, you shall as soone 
as you shall judge necessary, giue Commissions and Deputa- 
tions, to such person or persons, as you shall thinke fittest 
for the good Government of the seueraU Islands and Colonies 
under your Command, with such Powers as you are inahled 
to giue by Our Letters Patents, or so many of them, as you 
shall find requisite for the good Government of Our loving 
Subjects, and with such Instructions, not contradicting these 
given by Vs to you, as shall be by you thought fitt. 

2. You shall with all Skill and force (if need so require) 
defend the Rights, Priviledges, and Prerogatiues of Our Crown 
in those Our Dominions, and provide (as well as you may 
without breaking any League or Peace between Vs and other 
Princes) that no Stranger Subject of any other Prince, or 
State do inhabit or possesse themselues of any of those places 
in Our Graunt conteyned, but such as shall acknowledge Our 
Soveraignty there, and that Our owne naturall Subjects be 
put in Remembrance of the Duty they owe Vs, and kept ia 
the same, that all Officers military and civiU, and all hauing 
ecclesiastical! promotion do at their entring on the same take 
the Oathes of Allegiance and Supremacy, which they shall 
be bound to repeat, when you shall judge it convenient. 

3. You are to take speciaU care, that the Gospell be 
preached and propogated according to the Doctrine of the 
Church of England that divine Service be decently, and 
reverently celebrated, and the Sacraments duly administred, 
that there be a setled Provision for the good incouragment 
and invitation of learned and Orthodox Ministers, and that in 
the seuerall Islands, you sett out such Bounds for parishes, 
and erect such Churches, as may be decent for the service 
of God, and convenient for the People to meete in, and that 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 357 

you shall present or collate Clerks to aU such Churches, aswell 
as to those aheady builded, who shall be knowne or recomended 
to you for Loyalty, Learnmg and Piety. 

4. You shall be vigilant and carefuU to prevent and suppresse 
all Pactions and Seditions, and that Our Subjects may be the 
more inclined to peaceable Living, you shall appoint such 
Judges and Justices as are of knowne ability, and integrity, 
and see, that great Care be had, that Justice be uprightly, 
indifferently, and with ease administred to aU our good People, 
and you are to erect such Courts and Offices as shall be 
necessary for the same. 

5. You are to apply yourself to aU prudentiall meanes to 
advance the Wealth and Prosperity of those Our Domiaions 
both within themselues, and rendring them useful! to England, 
and to aU other Our Territories and Colonies, to which end 
you shall endeavour to advance both in price and goodnes, 
the Comodities of the Growth and manufacture of those Our 
Islands, and to giue all Encouragement to such as shall find 
out waies for enriching the said Colonies. 

6. You are to take special! care of the Revenue, that is, and 
that shall become due to Vs in the seuerall Islands and Colonies, 
and that by aU good and lawfull meanes you improue the 
same, that as Our good Subjects in those remote parts, are 
neere Vs in afiection, they may be made sensible that some 
Returne of Profitt, as weU as Duty ought to be made Vs for 
our continuaH and unwearied care of them, And that the 
benefit thereof may redound to Vs, you are further required 
to appoint Customers, Collectors, Receivers, Treasurers, and 
such other Officers, as you shall thinke necessary, and to 
erect Offices in so many places, and under such Rules and 
ffees, as may be fittest for 0\ir Service, and that of all Receipts 
and Accompts, faire Books be kept, of which Copies shall be 
transmitted to Vs, or whom Wee shall appoint at the least, 
once every yeare. 

7. You are to take care that the seuerall Islands, Harbours, 
and Shores be well fortifyed, as the nature of the place, and 



358 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

number of the People will permit, and that the seiieraU places 
and Islands be sufficiently furnished with Ordnance, Armes, 
and Amunition, and other warlick provision, and our good 
Subjects the Inhabitants be put under able, and expert Com- 
manders, such as you shall judge well affected to Vs, and the 
peace of Our Dominions, and that both Officers and Souldiers 
be diligently exercised in Armes, and Our Pleasure is for the 
raising of such fforts and Castles as shall be needfull to defend 
Our seuerall Islands, or any Stations for Shipping trading 
there, that you take so much of Our Revenues (not being 
of the Moyety assigned to the Creditors of the late Earle of 
Carlisle) in those seuerall places as shall be requisite, the 
Accounts of which expence together with your Certificate 
annexed shall be a sufficient discharge to you for so much 
expended in that Our Service, as if it had been paid to Vs. 

8. You shall keepe good Intelligence and Correspondence 
with the seuerall Governors of Our America Dominions, in 
such* sort, as you be a Help, Comfort, and Assistance the 
one to the other. 

9. You are required, that the Indian Natiues (especially 
those of St. Vincents and Dominico, which haue many times 
invaded Our Subjects in those Islands) be either by force or 
Treaty kept from doing further harme to Our Colonies already 
setled, or such as shall be thought fitt to settle, to which pur- 
pose. We giue you full power to treat with, and make such 
Agreement with these People as shall be most honorable for 
Vs, and in case you shall find them injurious or contumatious, 
you haue free Leaue and power to prosecute them with fire 
and sword, and aU such wayes, as in Warr are usuall, both by 
Sea and Land, Which said Warr or Peace, without any par- 
ticular Commission from Vs, shall be made, as you in your 
Judgement shall thinke fittest for Our Service. 

10. You shall informe your seK of the Conditions of these 
Colonies, which are subject to other Princes in America, and 
particularly those of the King of Spaine, their Strength by 
Land and Sea, Scituation of their Territories, Townes and 



1663.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 359 

ffortifications, their Manner of Commerce, and Living, the 
Advantages and Disadvantages, Wee may receiue from them, 
or they from Vs, of all which you are required frequently to 
giue Vs advise. 

11. You are further required, and hereby Power is given 

to you, to make such Graunts of Land as shall be most for 

Our profitt, and conducible to the well setling and peopling 

those Our Islands, and since it seemes requisite, that the 

Occupiers and Possessors of Land need further Confirmation 

from Vs, we giue you fuU Power as from Vs, further to graunt 

and confirme the same for such Consideration, and under 

such Covenants, Conditions, and Reservations, as betweene 

you and the respectiue Parties shall be agreed on. And you 

haue hereby further Power and Authority, and are required 

for the setling the minds and Estates of Our good Subjects 

there, to assure them for Vs and in Our name, that such 

Graunts and Confirmations, shall be, and be esteemed good, 

and binding to Vs Our Heires and Successors, and that they 

their Heires and Assignes shall peaceably enjoy the said 

Estates, so graunted or confirmed. Provided you graunt not 

more then Ten Acres for every Christian Servant, who shaU 

within the space of Two yeares be sett on such Island, where 

the Land is graunted, and to continue there during the usuaU 

time of Service, this quantity of Land to be observed in such 

Islands, where any English Colony is now setled, but for the 

incouragement of such as shall plant on any desolate, or Indian 

Island you may graunt any quantity of Land not exceeding 

ffity Acres by the Head, aU the said Graunts to be made with 

reservations, that the Grantees, and their Assignes do pay 

such Rents, Dues, Duties, and Customes, as are now payable 

or shall hereafter be agreed to be paid to Vs, 

12. You are required to put an Act of Parliament in 
Execution, entituled, An Act for the Encouragement and 
encreasing of Shipping and Navigation ; neverthelesse Our 
intent and Pleasure is, that you be permitted to giue Wood 
and Water and such Ships provision, as the Subjects of any 



360 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

in amity with Vs, shall stand in need of, and Our further 
Pleasure is, that if any of the King of Spaines Subjects shall 
offer to trade with you for Pearles, Gold, Silver, or any other 
rich Commodity, which is not usuall in these Our Islands, 
and which may in probability inrich Our Subjects, and he 
an occasion of importing Bullion to Our Mint, that you may 
accept of such Traffique, giving for the same, Slaues, or any 
Commodity, which shall haue been in English Bottomes 
transported to those Our Islands, but that you part not with 
their natiue Comodities to Strangers vizt Ginger, Sugar, 
Indico, Tobacco, or Dying Wood, but that the Trade for 
the same be, as by the aboue-mentioned Act is appointed, 
and that there be no abuse in the Trade aboue permitted. Wee 
require that no person presume to use the same, but such as 
shall be authorized thereto under your Hand and Scale, or 
under the Hands and Scales of such Deputy or Deputies to 
whom you shall giue such Power and Commission, In which 
affaire you are to governe your self by Our former Warrant 
dated the — day of — concerning that Trade with the King of 
Spaines Subjects. 

13. Whereas you haue been present your self at seuerall 
Debates in Our Councill of Plantations upon the finding out 
some Expedient, by which both Merchant and Planter might 
be encouraged in car.ying on the Trade and Manufacture of 
Sugars, and preventing the same from being become a Drugg 
of small value, and to that purpose, that a Price might be 
agreed upon, at which all the Sugars growing upon that Our 
Island might be taken off, in all which Wee thought not fitt 
to make any Conclusion, till the same may be deliberately 
weighed and adjusted by the Persons concerned upon the 
Place, Wee do therefore recommend the Consideration of the 
premisses to your Wisedome and Care, that first before Our 
Councill there, it may be entred upon, and prepared to be 
discussed in Our generall Assembly, to the end you may 
propound such Rules and Orders thereupon, as you find fitt 
for the advancement of that Our Plantation, and if reasonable 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 361 

Prices be set, Wee will upon Representation made to Vs 
recommend it in such manner to a Body of good and sub- 
stantial! Merchants, that the whole Growth of Sugars shall 
be taken off, constantly at the prices so to be agreed on. 

14. And Whereas Wee find that Our Revenues are 
diminished, and Wee are defeated of a greate part thereof, 
by reason that divers Ships and Vessells which do come to 
Our Islands from other Countries haue not paid any Customes 
or Duties here, nor in any of our Dominions for the Goods 
and Commodities, which they bring unto Our said Islands, 
you are therefore hereby authorized, and impowered, that 
of all such Ships and Vessells, which shall hereafter come unto 
Our said Islands for all such Goods and Comodities which they 
shall bring thither and for which they shall not haue paid Our 
Customes and Duties in England, You and your Officers, and 
Agents shaU and may demand take and receiue such and the 
same Customes and Duties as are established and appointed 
by Our Bookes of Rates in England to be paid and receiued 
here, for all such Goods and Comodities so to be hereafter 
brought unto Our said Islands or any of them. An Account 
of which Duties must be kept apart, and sent to Our High 
Treasurer once every yeare at least. 

15. Lastly you shall use your best Endeavour, and shall 
employ all your SkUl, CouncUl, and fforce to maineteyne and 
advance Our Royall Dignity, Interest, and Profitt in those 
Islands, to preserue Our good Subjects there in Peace and 
Safety, and to encrease the Riches of the same, And Wee giue 
you free Leaue and Power to impart or keepe private such 
and so many of these Our Instructions, as you shall judge 
fittest for Our Service, and in case for the ends aforesaid, you 
shall finde any other, or further Powers requisite, you shall 
advise Vs thereof, and you shall follow such further Instruc- 
tions, as you shaU from time to time receiue from Vs. 

[pp. 436-7.] 
[C.S.P. II. 489.] 



362 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

[599.] Whitehall, 13 June: 
Caribbee His Majestie hauing this day in Council! heard the seuerall 

pretensions of the Earle of Kenoul the Lord Willughby of 
Parham, and all others who claime Title or Interest in the 
Caribdee Islands under any Graunt from the late King of 
blessed memory to the late Earle of Carlisle deceased, or from 
any Graunt or Right, before the said Graunt to the said 
Earle of Carlisle ; Vpon serious deliberation thereof, and how 
the said pretences might be best setled to their Satisfactions, 
His Majestie declaring, that though he may legally avoid the 
said Graunt made to the said Earle of Carlisle, as he is advised 
by his learned Councill, and hath beeen petitioned so to do, 
by the Planters and Proprietors of the said Island, and which 
they offered to do at their owne charge, on his Majesties behalf, 
by which all Graunts made by the said Earle of Carhsle, 
and those who claime under him would likewise be avoyded, 
and notwithstanding, that the Creditors of the said Earle for 
whose Satisfaction he principally provided, haue not receiued 
the least part of their Debts or Interest since the death of the 
said Earle, which hapned many yeares before the Troubles ; 
yet his Majesties Royall intention is, that before he assume 
to himself any Benefit from, and within the said Islands, 
he will cause such satisfaction to be made to the seuerall 
Creditors, and all the other Interests, as may consist with 
equity and good conscience, And therefore his Majesty by 
their Lordships advice was pleased to declare and Order. 

That the annuall Profits which shall arise from the 
Planters Merchants and Inhabitants of the Caribdee 
Islands, and be payable to the Crowne shall be divided 
into Two parts 

The one Moyety whereof shall be duly receiued by the 
said Lord Willughby of Parham to his owne use during 
the Remainder of the Lease by which the same is demised 
unto him ; and after the Expiration of that terms, 
the said Moyety of the Customes is to be entirely 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 363 

reserved in his Majesties dispose towards the support 
of the Government of the said Islands, and to such other 
purposes as his Majestie shaU please to assigne the same. 

The Second Moyety shall be thus disposed of yizt. 

1. To the Earle of Marleborough ffiue Himdred 
pounds per annum during his Life ; and after his 
Decease to his Vncle William Ley Esqr during his Life ; 
Which Annuity of ffive Hundred pounds to the said 
Earle and his Vncle William Ley, is to be paid yearely 
by way of preference before any of the following 
Assignements to the Earle of Kenoul or the Creditors, 
The same being agreed by the late Earle of Carlisle 
before the Graunt of his Letters Patents, to be paid 
to James Earle of Marleborough Lord Treasurer of 
England, and Grandfather to the present Earle. 

2. Secondly to the Earle of Kenoul ffiue Hundred 
pounds yearely untih such time as all the Creditors of 
the late Earle of Carlisle be fully satisfyed. Which said 
ffiue Hundred pounds is to be paid yearely before any 
thing be receiued by the Creditors of the said Earle of 
Carlisle towards satisfaction of their Debts, And after 
the Debts to those Creditors shall be fuUy discharged, 
the Earle of Kenoul is to haue One Thousand pounds 
per annum to himself and his Heires for ever. Which said 
Fine Himdred pounds per annum for the present and 
the making up the same One Thousand pounds per 
annum after the Debts paid is in consideration of the 
Surrender of the said Patent graunted to the Earle of 
Carlisle, the Remainder of the said Graunt being in the 
said Earle of Kenoul after the Debts paid. 

3. And though his Majestie will not interrupt the 
payment of the said Creditors by charging this Moyety 
with more than the said ffiue Hundred pounds to the 
Earle of Marleborough, and the said ffiue Hundred 
pounds to the Earle of Kenoul, untill the said Creditors 



364 ACTS OF THE PRIVY COCJNCIL (COLONIAL). [1663. 

be satisfyed their full Debts. Yet his Majesties further 
Pleasure is, for divers reasons him thereunto moving, 
that from and after the expiration of the present 
Lease of the first Moyety to the Lord Willughby, the 
said Earle of Kenoul shall, out of that Moyety so 
enjoyed by the Lord Willughby during his terme, and 
reserved afterwards for his Majestie for the support 
of the Government, and other uses, Receiue the yearely 
Summe of ffiue Hundred pounds to make up the Summe 
of One Thousand pounds per annum till the Creditors 
are satisfyed out of the other Moyety ; His Majestie 
never intending that, that Moyety now enjoyed by the 
Lord Willughby, shall be enjoyed by succeeding 
Governors His Majestie vouchsafing it to the Lord 
Willughby for very extraordinary Considerations. 

4. Fourthly to the Creditors of the said Earle of 
Carlisle their Executors and Assignes named in an In- 
denture and Schedule thereunto annexed bearing date 
the 29th of August 1649 betweene the said Earle of 
Carlisle and the Lord Willughby of the one part, and 
Wilham Latham and divers others Cieditors of the other 
part, they hauing voluntarily submitted to abate one 
Third part of the PrincipaU Debt due to them by the 
said Earle, which amounts unto the Summe of Thirty 
Seaven Thousand, Seventy ffour pounds Nine Shillings 
and Six pence. It is Ordered That the other Two parts 
, . . be paid to them in Goods and Commodities upon 
the said Islands according to such Rates and Valuations 
as Merchants trading there do usually take off the same ; 
as the said Debts hath beene adjudged to them by 
seueraU Decrees in Chancery Securities or Agreements 
majde with the said Earle of Carlisle, Lord Willughby, 
or either of them. The distribution of which Two 
Thirds amongst the said Creditors is to be made 
according to the proportion and precedency mentioned 
in the said Indenture of the 29th of August 1649. 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 365 

Which Second Moyety of the Customes of the said 
Caribdee Islands after satisfaction of the said Creditors 
is likewise to revert to the Crowne, Excepting onely the 
Thousand pounds per annum gruanted in perpetuity to 
the Earle of Kenoul and his Heires. 

And such Letters and Instructions to the Lord 
WiUughby shall be sent or such further Graunts shall 
be provided by Mr. Attorney Generall to the seuerall 
Persons for enjoying what is setled by this Order as 
the seuerall Persons concerned shall desire, [pp. 436-439.] 

[C.S.P. 11. 482.] 
[600.] Whitehall, 19 June : 

Upon representation this day made to his Majestie in Jamaica. 
Councill of the Condition of the Island of Turtudos by 
ColoneU Doyly late Go-^ernor of Jamaica It was Ordered 
that the busines of the said Island be taken into considera- 
tion, when his Majesty shall send a new Governor to Jamaica. 

[p. 444. II 4.] 
[601.] Whitehall, 24 June : 

A Minute of Letters to the seuerall Governors of Plantation 

Trade 

his Majesties Plantations in America, vizt 

Sir William Berkeley Virginia 

Philip Calvert Esqr. Maryland 

Lord WUlughby of Parham Barbado's 

Colonel William Watts St. Christophers 

Colonel James Russell Governor of Me vis 

Colonel Roger Osborne Mountserat 

John Bunckley Esqr. Antegoa 

Colonel William Byam Surinam 

Sir Charles Littleton Jamaica 

New Engla-nd 

Whereas by a late Act of Parliament entituled an Act 
for encouraging and encreasing of Shipping and Navigation 
all forrain Trade is prohibited to any of his Majesties Plan- 
tations, and all those of his Majesties Subjects that saUe 



366 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

unto any of them are required to giue security to retume 
with their Lading for England, Ireland, Principality of 
Wales, or Towne of Berwick upon Tweed, as in the said Act 
is expressed, with strict comand unto the Governors of the 
said Plantations to see the same performed accordingly, 
with greate penalties upon such Governors as conniue, or 
neglect putting the said Act in execution, who are enjoyned 
also to take Oath that the said Act be punctually observed. 
Yet being informed by Masters of Ships, and others trading 
to Virginia, Maryland, and other his Majesties Plantations 
of many neglects or rather contempts of his Majesties Com- 
mands for the true observance of the said Act (which so highly 
concernes the encrease of Shipping, and the regular trade 
of his Majesties Plantations, together with his Revenue that 
proceeds from thence) through the dayly practises and 
designes sett on foote, by trading into forrain parts from 
Virginia Mariland, and other his Majesties Plantations, both 
by Land and Sea aswell unto the Monados, and other Plan- 
tations of the Hollanders, as unto Spaine, Venice, and 
Holland, occasioned through the neglect of those Governors 
in not taking a Veiw of all forrain-built Ships which come 
into their Plantations, whether they haue a Certificate of 
their being made free according to the Act, as also in not 
duly taking Bond (before any ship be permitted to lade) that 
whatever Comodities they shall take in at any of his Majesties 
Plantations, the same shall be carried into some other of 
his Majesties Plantations, or into England, Ireland, Wales 
or Towne of Berwick upon Tweed which Bonds are to be 
returned twice every yeare unto the Officers of the Custome 
House in London, but hitherto it hath not been done, of 
which neglect and contempt his Majestic is sensible, and 
therefore doth require and command you, that for the time to 
come a perfect Account be kept by you in that Plantation 
of aU ships that shall loade there, and returne the names both 
of the Masters and the Ships, together with true Copies of all 
such Bonds as shall be taken by you there, twice in every 



1663.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 367 

yeare unto the Officers of the Custome House in London as 
aforesaid, Which if you shall forbeare to do, upon Infor- 
mation thereof, and that any Shipps freighted there shall 
contrary to the Law trade into forrain parts, His Majestie 
will interpret it a very greate neglect in you, for which he 
is resolued to cause the Breach of the said Act to be prose- 
cuted according to the tenour thereof, and discharge you 
from that Imployment, It being his Pleasure that the said 
Law be very strictly observed in regard it much concerneth 
the Trade of this Kingdome, AU which Wee haue thought 
good to lett you know, that you may not pretend ignorance, 
but obserue aU such Orders as are directed by the said Act, 
whereof you may not fayle as you wiU answer the Contrary 
at your periU. [pp. 450-451.] 

[C.S.P. 11. 500.] 
[602.] WhitehaU, 1 July: 

A Letter to the Sherrifs of the Countyes of Glocester, Tobacco. 
Worcester, Hereford, Monmouth and Oxford. 

Wee finde That . great Quantityes of Tobacco's 

are still planted . to the great prejudice of his Majestys 
forraine Plantations, and Custom's, and extreame hindrance 
of the Navigation of this Kingdome And Wee do will 

and require you to be ayding and assisting unto Mr. Thomas 
De la Uall Surveyor Generall to the fEarmers of his Majestys 
Custom's, and such persons as he shall thinke fitt to imploy, 
in the destroying of aU such Tobacco's.* [p. 460.] 

[603.] Whitehall, 31 July: 

[A Memorial by the Duke of York concerning exportation Plantation 
and importation of foreign coin and bullion having been 
read and approved, the Attorney General is required to draw 

* Mr. Delavall's commission follows, empowering him to demand 
assistance from " all and every the Shereifs of the said Countyes ... as 
also all Justices of Peace, Mayors, BayHffs, Constables, and all other his 
Majestys officers both Civil and Military . " [p. 461 f 1.] 

Similar letters to the sheriffs are sent on 20 January, 1664, by which they 
are further ordered to have the proclamation publicly read at the next 
Quarter Sessions. A similar letter is also directed on that date to the Bailiff 
of the town of Winchcombe. [p. 684 IT 1-1 



368 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

up a proclamation in pursuance thereof, and of the late Act 
of Parliament on the subject,] And it is further Ordered that 
a Proclamation be drawne by his Majesties said Attorney 
Generall or that it be included in the former (as he shall thinke 
most fitt) giving free Liberty for transportation of Horses 
into any of his Majesties Plantations, Lycence or Pass port 
for the same being first had, and obteyned from his Majestie 
or this Board, And that no Custome be Imposed, demaunded 
or received for the same. [p- 491. ]{ 2.] 

[On 5 August the Attorney General's draft is approved, 
and he is directed to] conferr with the ffarmers of his 
Majesties Custom's about the same, and when the said 
Proclamation is fully perfected, that It be prepared for his 
Majesties Signature, and forthwith Printed and Published. 

[p. 495. t 3.] 

[604.] Whitehall, 12 August : 

Carolina. His Majestie this day taking into Consideration the State 

and present Condition of the Province and Region called 
Carolina in America, and his Graunt of the same by his Letters 
Patents vnder the Great Scale of England, To the right 
Honorable the Lord High Chancellor of England, George 
Duke of Albemarle, William Lord Craven, John Lord Berkeley, 
Anthony Lord Ashley Chancellor of the Exchequer Sir George 
Carteret Knight Vice-Chamberlain of his Majestys Household, 
Sir William Berkeley, and Sir John CoUadon Knights And 
vpon Information that all pretenders to former Graunts of the 
said Province hauing been Summoned (according to former 
Orders of this Board) to bring or send to his Majestys Attorney 
GeneraU such Letters Patents, writings, or other Evidences 
as they or any of them had, setting forth their pretended 
Titles therevnto, yett none of them have appeared, or dis- 
covered any such pretensions or Claymes. And forasmuch 
as no English whatsoever have, by vertue of any such 
Graunts hitherto Planted in the said Province, by which 
neglect, such Letters Patents (if any were) are become voyd, 
His Majestie by and with the Advice of his Councell doth 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 369 

Order, And it is hereby Ordered, That his Majestys said 
Attorney Generall fortwith proceed eyther by Inquisition or 
by Scire facias in the revoking all former Letters Patents and 
Graunts of the said Province, or any other Legal) way, whereby 
to make and declare them voyde, And that from hence for- 
wards, when any like Graunt of any forraine Plantation shall 
be prepared to passe his Majestys Great Seale, A clause be 
inserted. That if within a Certain Number of yeares, no Plan- 
tation be made and performed the said Graunt shall become 
voyde. And it is further Ordered, That the said Lord Chan- 
cellor Duke of Albemarle and other the before-named Patentees 
do proeeed in the Planting of the said Province of Carolina 
and that in Order therevnto, they receive all Countenance 
favour and protection from this Board, And that from hence 
forwards no person or Persons whatsoever do presume to 
goe into the said Province or molest or disturbe the said 
Grantees or any Persons by them, or any of them trusted or 
imployed, vpon pretence of any former Graunt whatsoever, 
as they or any of them do tender this his Majestys Comaund, 
and wiU answer the contrary at their perills. 

Signed by Lord Chancellor, Lord Treasurer, Duke of 
Albemarle, Earle of Berkshire, Earle of St. Albans, Earle of 
Sandwich, Earle of Bathe, Earle of Middleton, Lord Bishopp 
of London, Lord Wentworth, Sir Wm. Compton, Mr. Treasurer, 
Mr. Secretary Morice, Mr. Secretary Bennet. [p. 511.] 

[C.S.P. II. 525.] 

[605.] Whitehall, 24 August : 

A Proclamation concerning the Acts of Navigation, and Plantation, 
encouragement of Trade being this day read at the Board, 
(his Majestic present in Councell) It was Ordered, That the 
same be forthwith Ingrossed and prepared for his Majesties 
Royall Signature, and, with a]l speed Printed and Published. 

[p. 525. last %] 

[606.] Whitehall, 24 August : 

The Petition of WiUiam Wood and others of London Virginia. 
Merchants (with an Affidavit annexed) were this day read 

24 



370 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

at the Board (his Majestie present in Councell) Shewing That 
they freighted the Shipp William and Marie, (Capt. William 
Greene Master) for the parts beyond the seas and haveing 
discharged herselfe at the Port designed, was to goe to 
Virginia to load Tobacco, and by Bonds entred into, the 
Petitioners were obliged to bring her and her lading to this 
Port, That she tooke in at Virginia 369 hogsheads of 
Tobacco, and in her Passage home within sight of England, 
mett with so violent a storme that she could not possibly 
recover land, and beat at Sea 14 dayes, and to preserve life 
and Goods was driven into Lisbone, where vpon Search she 
was found vnserviceable to bring her lading for England, 
and fitt for nothing but to be broken vp, and Landed her 
Tobacco there, That the Petitioners having notice thereof, 
sent William Croft (the Masters Mate) over to Lisbone in the 
Shipp Katherine of London (Thoma.s Hudson Master) for the 
said Goods, but the quantity being greater then the Shipp 
could with safety Carry, brought over onely 309 hhdds. and 
left 60 hhds. (the remainder) to be brought by the Shipp 
Marie and Agnes, John Nicholls Master That \pon her arrivall 
at this Port of London, whether they were by Bond obliged 
to bring her and her lading, she was notwithstanding seised 
by some Officers of this Port, vpon pretence of breach of 
the Act of Navigation, And Offering Proofe of the premisses 
vpon Oath, and praying to be acquitted from the Seysure, 
paying his Majestys Customes. [The petition was referred 
to the Commissioners of the Customs for consideration and 
report.] [p. 526. ^ 2.] 

[On 28 August, on a favourable report from the Farmers 
of the Customs, order is given for freeing the ship upon pay- 
naent of the Customs and satisfaction of the Officers.] 

[p. 535. If 1.] 

[607.] WhitehaU, 24 August : 

Criminala A Certificate from Sir Hugh Cartwright Knight George 

transported, farewell, Henry Peck and Richard Newman Esqrs Justices 

of Peace within the Liberties of Westminster being this day 



1663. J ACTS OF THE PRIVY COUNCIL (COLONIAL). 371 

read at the Board, Declaring, That Peter Beane Richard 
Winter Thomas Hill Prisonners in the Gatehouse, and Joane 
Taylor and Suzanna Meniok, who have been Comitted for 
severall felonyes and Misdemeanors brought before the said 
Justices and others, at the Quarter Sessions held for that 
Liberty, and for want of Proofe not found Guilty of the 
Crimes layd to their Charge, and remitted to Prison as sturdy 
and Incorrigible Persons vntill they could finde sureties for 
their good beha\iour, or for want of sureties, to be trans- 
ported to some of his Majestys Plantations beyond the Seas, 
according to the Law, And the said Justices signifyed that the 
said severall persons, have been fowre Moneths and vpwards 
in Prison, and none produced to engage for their good 
behaviour, and that they are fitt persons to be transported, 
and that there is a Merchant ready who would transport them. 
This Board declared. That if the said Prisoners will Petition 
to goe, and be transported, beyond the Seas to any of his 
Majestys Plantations, they will give Order, for the dehvering of 
them, to such Merchants as will transport them. [p. 526. Tj 3.] 

[608.] Whitehall, 9 September : 

Whereas ffrancis Warner, Richard Russell, and Richard ship 
Smith did by their petition this day read at the Boord ^*'*"S'- 
represent. That about ffourteene yeares since, they bought a 
Scotch Ship called the Blessing, and about 22 Moneths since 
furnished her out from hence to Guinney, thence to Virginia, 
and so to New England, where shee tooke in Goods of that 
Country, Shee was at her arrivall at this Port, by some of the 
Officers of the Customes, seized as forfeited, shee being not 
made free as in the Act is directed, Wherefore the Petitioners 
being so long in possession of the said Ship, and being not able 
by reason of her late Voyage to make her free accordiug to 
the Law, they humbly pray an Order for her discharge. [The 
matter is referred to the Farmers of the Customs for 
examiaa.tion and report.] [p. 549- If 2.] 

[On the 16th order is given for the discharge of the 
Blessing on satisfaction being given to the Officers, the 



372 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

Farmers of the Customs having reported that] notwith- 
standing by the Law shee is absolutely forfeited, for that 
there was no Certificate duly taken out of what Burthen 
and Built shee was, within the time limitted for returne of 
a List of all such Ships by the Officers of the Customes iato 
the Exchequer yet forasmuch as by the Affidavit and Examin- 
tions aforesaid that the said Shipp hath bin in their posses- 
sion almost ffifteene yeares, and hath not been in England 
this 22 Moneths, and were ignorant of the Law, and although 
such pretences may be alleadged by others, yet Wee conceiue 
the Petitioners would not haue falne into this omission 
knowingly but would haue freed themselues from this trouble 
in time. [p. 555. last %] 

[609.] Whitehall, 16 September : 
Maryland. A Letter to the Governour of Plymouth. You will per- 

ceiue by the enclosed Copies of a Petition and Letter this 
day humbly presented to Vs by the Lord Baltimore the reason 
and justice of his Complaint, he hauing produced Witnesses 
to proue unto Vs that the Ship Reserue with her Lading 
whereof Captaine John Tully is Master, bound for Maryland, 
was duly and legally cleered at Grauesend by the Officers of 
his Majesties Customes, and that the Servants aboord the 
said Ship were not (as some of them pretend) spirited away, 
Vpon which pretence, it seemes you sent for them ashore, 
and haue thereby much prejudiced the Adventurers, and en- 
dangered the Overthrow of their voyage, which Wee looke 
upon as a disservice to his Majestic and the pubhque, and an 
action for which you cannot pretend sufficient Authority nor 
the Towne Gierke who so officiously interposed therein, the 
assertion of the Parties themselues who were concerned being 
no sufficient Evidence, that they were surprised and em- 
barqued against their Wills, and what proofe or Evidence 
soever you had found of such an illegall Act yet you ought 
to haue first acquainted the Boord with the matter before 
you had presumed to discharge and sett free the persons and 
so haue receiued their Orders therein to warrant your pro- 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 373 

ceedings ; Wherefore Wee haue thought fitt to lett you know 
That Wee highly resent these your proceedings, and do hereby 
require you immediately to cause all those persons whom you 
commanded the Captaine or Master to sett at Liberty to be 
delivered aboord the said Ship with their Cloathes that so they 
may speedily proceed in their Voyage, wherein Wee expect 
you should giue him your best assistance, which may in part 
expiate the ffault you haue committed, And Wee require you 
hereafter to be carefuU how you act in a busines of that 
nature, it being his Majesties Pleasure, and for his service to 
giue aU due Encouragement to the Adventurers for the supply 
of forrain Plantations. [p. 557.] 

[610.] Whitehall, 2 December : 

Vpon reading this day at the Boord the Draught of a Letter Newfound- 
prepared by Order of this Boord of the 27th of November last, 
touching the Fishing in Newfoundland, It was Ordered, That 
his Grace the Duke of Albemarle, Lord Privy Scale, Lord 
Chamberlaine, Earle of Sandwich, Earle of Bath, Lord Berkeley, 
Lord Ashley, Mr. Vice-Chamberlain, Mr. Secretary Morice, 
and Mr. Secretary Bennett, or any Three of them be a 
Committee to consider of the said Letter, and to compare 
the same with the Letters Patents therein mentioned. And, 
that their Lordships do meet to morrow the Third instant, at 
Ten of the Clock in the morning at the CouncUl Chamber in 
Whitehall, at which time Mr. Clifford, and Mr. Kendall or some 
other person in the said Busines concerned are Ordered to 
attend their Lordships at the place aforesaid. 

[p. 644. last %] 

[611.] Whitehall, 4 December : 

[The Council direct that Mr. Francis Moryson receive a Virginia 
copy of, and return his answer to], the Petition of Henry 
Earle of St. Alban, John Lord Berkeley Baron of Stratton, 
Sir WiUiam Morton knight one of his Majesties Serjeants afc 
Law, and his Majesties Servant John Trethewy, Assignee of 
Ralph late Lord Hopton, on the behaK of themselues and their 



land. 



374 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663. 

Leassees, touching some part of the Colony of Virginia graunted 
to them by his Majestie in the first yeare of his Reigne. 

[p. 648. If 2.] 

[612.] Whitehall, 4 December : 
Newfound- The Letter touching the regulating of the Fishery of New- 
foundland being this day read at the Boord, His Majestie 
was pleased to approue thereof, And did Order that Copies 
thereof be sent to the Maiors of the seuerall Townes here- 
under written. 

[Southampton, Weymouth and Melcombe Regis, Lyme, 
Dartmouth, Plymouth, Fowey, Barnstaple.] 

Whereas his most gracious Majestie by Letters under his 
great Seale of England, bearing date the Six and Twentieth 
day of January in the Twelfth yeare of his Reigne, hath 
amongst other wholesome Laws and Constitutions for the well 
guiding and governing his People in Newfoundland, and the 
Seas and Creeks adjoyning, declared constituted and Ordained, 
That for the encouragement of his Subjects in the said New- 
foundland, and in the Seas adjoyning, and for the benefitt 
of the Trade there, no Owners of Ships trading in the said 
Newfoundland Fishery nor any of them, shall presume to 
carry or transport, or permitt and suffer to be carried or 
transported, in their or any of their Ships to the said New- 
foundland, other then such as are of his or their owne or 
other Ships Company, or belonging thereunto, and are upon 
the said Ships Hire or Employment, or such as are to plant, 
and do intend to settle there, Notwithstanding this Prohibition, 
his Majestie and this Boord haue receiued Complaints from 
seuerall Fishing Townes in the West of England trading to 
Newfoundland, That divers Owners of Ships do presume to 
violate this Law and Constitution for their owne private Ends 
to the greate decay of that Trade, and lessening the number 
of Ships and Seamen, the consequences of which, if not pre- 
vented, will be very prejudicial! to his Majesties service to 
the ruining of many Handicrafts men, whose Livelyhood and 
Subsistance depends thereupon, and in fine when this present 



1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 375 

Stock of Seamen is worne out, may be a destruction of the 
whole Trade for want of supplies of Mariners, who are now 
yet yearely bred by the Owners of Ships, Wee do therefore 
in his Majesties name hereby Order and require you the 
Maiors and Magistrates in your respectiue places to be care- 
fuU that the aforesaid Law and constitution be punctually 
observed, and duly executed according to the Powers graunted 
to you by the aforesaid Letters Patents, And Wee do also 
appoint that the Officers of his Majesties Customes in 
their respectiue Ports, do straitely charge all Masters of 
Ships trading to Newfoundland to obserue and keepe the 
said Rule. [p. 649. ^j 3.] 

[C.S. p. II. 595.] 

[613.] WhitehaU, 23 December : 

A Letter to the Lieutenant and Officers of the Ordnance. Jamaica. 
Whereas Wee are given to understand by a Report from the 
Commissioners for the Affaires of Tangier to whom his 
Majestie was graciously pleased to referre the Consideration 
of the intended Dispatch for Jamaica That the State of 
that Island doth require a present supply of Armes for 
the necessary defence thereof. Wherefore Wee haue thought 
fitt and accordingly do hereby will and require you to 
cause 

One Thousand Firelocks, 
Fifty Case of PistoUs with Holsters, 
Fifty Saddles with Bitts and Furniture, 
Two Hogsheads of Flints ready fitted. 

to be forthwith dehvered out of his Majesties Stoares to 

Captaine Morgan designed for Deputy Governor of Jamaica 

to be transported thither for and towards the supply of 

the said Place. [p. 666. ^ 1.] 

[On the 30th, the officers of the Ordnance are directed to 
return to the Board with all convenient speed an estimate 
of these stores.] [p. 668. T| 3.] 



376 ACTS OP THE PRIVY COUNCIL (COIONIAL). [1664. 

[On 27 January 1664, the following estimate is returned 
and approved, order being given for payment accordingly.] 

I. s. d. 

Snaphance Musquets — 1000 at xviiis. each . . 900 00 00 

PistoUs with Houlsters : 50 pr: at xxvs 062 00 00 

Saddle with Bitts and furniture — 50 at xxs. each 050 00 00 
Flints cutt for fire-Arms two hogsheads each 

containing 30000—60000 at xxs. p. M. 060 00 00 
For packing the said Armes and for Land and 
water Carriage and other incident Charges 

per estimation 040 00 00 



In all the Sume of 1112 00 00 



[p. 691. If 1.] 



Jamaica. 



New 
England. 



CHARLES II. VOLUME IV. (1 Feb., 1664—31 Dec, 1664.) 

[614.] Whitehall, 5 February : 

[On the representation of the Duke of Albemarle, 1000 pair 
of bandoliers are ordered to be provided by the oiBcers of the 
Ordnance for his Majesty's service in Jamaica.] 

[p. 5 If l.J 

[615.] Whitehall, 13 April : 

[His Majesty in Council approves an estimate from the 
officers of the Ordnance of 2,021Z. 12s. 9d. for the stores of 
war ordered on 25 February to be dehvered to Richard Nicholls 
for the plantation in New England, and orders] that the 
Clerke of the Signett attending, do forthwith prepare a Bill 
for his Majesties Royall Signature contayning a Privy Scale 
to warrant and authorise the Lord High Treasurer of England, 
the Lord Ashley Chancellor and Vnder-Treasurer of his 
Majesties Exchequer to pay, or cause to be payd . . ■ 
the said summe. [p. 58. ^ 2.] 



1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). IH? 

[616.] Whitehall, 13 April: 

A Letter to the High Sherifie of the County of Glocester. Tobacco. 
[Whereas we are informed that much Tobacco is still grown 
in and near the town of Winchcombe, it is to be at once 
destroyed]. And in case you shall meete With any opposition 
in the due execution hereof, Wee have given order to the 
Lord Herbert Lord Lieutenant of the said County to assist 
you with such Horse as shall be sufificient to enable you to 
performe this service and for suppressing of any Tumult 
which may happen thereupon.* [p. 56. ]| 3.] 

[617.] WhitehaU, 15 April : 

It was this day Ordered (his Ma3estie present in CounceU) Newfound- 
That his Royal Highnesse the Duke of Yorke Lord High 
Admirall of England be, and he is hereby desired to give 
direction, that two of his Majesties shipps, such as his 
Highnesse shall appoint, be forthwith Equipped, flitted for 
sea service, and sent to New-found-Land, with such a force, 
as may be able to secure the ffishing there, to dispossesse 
all fforraigners of that Island, and to setle the Government 
thereof, according to such Instructions as his Royall High- 
nesse shall thinke fitt to give to the Commander or Com- 
manders which he shall employ in that affayre. 

[p. 66. TI 1.] 

[618.] Whitehall, 22 April : 

[In order to gain the fuU benefit and advantage of the Plantation 
Navigation Act] It is this day Ordered (his Majestic present 
in Councell) That the ffarmers of his Majesties Customes (at 
their owne Charge) be, and hereby they are impowered, to 
send one, or more Officers, by them to be chosen, deputed, 
and authorised to the severall English Plantations, where 
they shall thinke fitt, there to have an Inspection of, and in 
the due execution of the said Act ; And thereiia to apply 

* Letters follow to the Justices of the Peace of the County ordering them 
to have the proclamation publicly read at the next Quarter Sessions, and to 
Lord Herbert ordering him to assist the Sheriff in the manner stated. 

[p. 57 HI 1-2.] 



378 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664. 

themselves to the respective Governors for their allowance, 
advice, and care herein ; And from time to time to give advise 
to the said ffarmers of their proceedings ; Provided aUwayes, 
that in the execution of this Order, there be no delay of the 
Merchants, or interruption of Trade, nor other proceeding not 
warranted by the said Act of Parliament And the several! 
and respective Governors ot all and every his Majesties said 
Plantations, and their Officers and Ministers are hereby 
required to give vnto such person or persons . all due 

assistance and encouragement. [p. 73. ^ 2.] 

[619.] Whitehall, 29 April : 

Barbados. Upon reading the Petition of Humphrey Walrond Esqr. 

Compla3ming of some hard measure ofEered unto him by the 
Lord Willoughby of Parham, Governor of the Island of 
Barbados, by dispossessing him and his sonne of their Estates ; 
and Appealing to his Majestie for Justice, It was this day 
Ordered (his Majestie present in Councell) That a Copy of the 
said Petition be delivered to Mr. William Willoughby, Brother 
to the said Lord Willoughby, and that the Petitioner and 
the said Mr. Willoughby do attend this Board on firyday 
the 6t of May next, at 3 in the afternoone, and the said 
Mr. Willoughby is to bring with him, aU Informations which 
concerne the businesse in question. [p. 80. ^ 2.] 

[620.] Ibid. 

West Indiea. [The Petition of Robert Samford is ordered to be sent by 
one of the Secretaries of State in his next despatch to Lord 
WiUoughby, who is to return his answer thereto.] 

[p. 80. II 3.] 
[621.] Whitehall, 6 May : 

Barbados. [Mr. WUloughby and Col. Walrond appear as directed,] 

and both partyes being called in and heard, and severall 
writings and Escripts transmitted from the Governor and 
Councell of that Island purporting the demeanour of the 
said Mr. Walrond being read debated and Considered of, 



1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 379 

vpon the whole matter It was ordered [that copies of all the 
papers be delivered to Mr. Walrond for his answer, and 
that in the interim he] be Committed Prisoner to the 
ffleete, for contemning the Orders of the Lord Willughby 
absenting himselfe when sent for by his Lordshipp and the 
Councell there, and for commeing from thence without his 
Lordshipps leave. [p. 86. T| 1.] 

[Warrants foUow for his arrest and detention in the Fleet 
Prison.] 

[622.] Whitehall, 18 May : 

Vpon the humble petition of Sir Thomas Player the elder Barbados. 
Sir Thomas Player the yonger. Knights, Robert Hicks and 
Thomas Thomlins esqrs (this day read at the Board) Shewing, 
That Ehzabeth Wilson, in her hfe time setled her Estate 
vpon the Petitioners in trust for her Self and two Children 
which She had by Edmund Wilson, Doctor in Physick, And 
afterwards marryed with Nicholas Blake Merchant ; Who 
decaying in his fortunes perswaded his wife to goe with him 
to the Barbadoes, and tooke with them One Daughter ; 
Since which time the said EUzabeth (the Mother) about Six 
Moneths past Dyed ; leaving the said Daughter in the 
Guardianshipp of the said Blake ; Who, since that, hath taken 
another wife ; And for that the said Childe is there remayning 
where She hath none of Her relations or kindred. And her 
portion belonging to Her is heere in England, and vnder the 
Care of the Petitioners, they humbly pray. That, for her 
better education, and due Care of her, the said Childe may 
be safely delivered unto such trusty person as the Petitioners 
shall appoint to receiue Her, from thence to be brought into 
England. [Orders are given for preparing a letter to Lord 
Wil^oughby, requiring him to see that the petitioners' request 
is granted.] [p. 95. ^ 1.] 

[623.] Whitehall, 10 June : 

A Letter to the Duke of Albemarle his Grace. [Whereas Tobacco. 
We understand that much tobacco is stiU grown] particu- 



380 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664. 

larly in or neare the Townes of Eversham in the County of 
Worcester, and Winchcombe in the County of Gloucester, 
where the Sheriff in his Attempts to execute Our Commands 
therein hath received very greate opposition, and is not able, 
without more then the standing fforce of that County, to 
destroy the same, We haue therefore thought fitt and do 
hereby pray your Grace to give Directions That a Troope of 
Horse of the Regiment under the Command of the Earle of 
Oxford do march speedily to aid and assist Thomas ffownes 
Esqr whom Wee have commissioned to cause the said 
Tobacco to be destroyed. . . [p. 117. 1| 2.] 

[A Commission follows to Thomas Fownes Surveyor General 
to the Farmers of the Customs empowering him to destroy 
all tobacco grown in the counties of Gloucester, Worcester, 
Hereford, Monmouth, and Oxford, as being] to the greate 
prejudice of the Navigation of this Kingdome, and hinderance 
of his Majestys fforain Plantations and Customes, and Losse of 
the Trade of that Comodity to other parts. [p. 118. ^f 1.] 

[The letter to the Duke of Albemarle is repeated on 7 
June, 1665.] [Vol. V. p. 165. *^ 2.] 

[624.] Whitehall, 22 June : 
Barbados. Whcreas William Willoughby Esqr did this day present 

to the Boord, certaine Reasons of the Councill of the Bar- 
bados, representing the Inconveniences which may happen 
to that Island by the Execution of a Graunt under the Greate 
Seale of England of the Provost Marshalls Place to ffrancis 
Cradock Esqr during his Life which are thereunto annexed, 
It was Ordered by his Majestie in Councill, That Captaine 
Gorge who brougt the same from the Barbados, do forthwith 
attend Mr. Attorney Generall with the said Reasons con- 
cerning the said Office of Provost Marshall there and the 
Authority claymed and executed by the present Provost 
Marshall and his Deputies, And upon consideration thereof 
and of Mr. Cradocks said Patent, to report to the Boord his 
Opinion thereupon. [p. 133. ^ 2.] 

[C.S.P. II. 759.] 



1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 381 

[625.] WhitehaU, 1 July: 

It was this day Ordered that the Committee for the Affaires Jamaiia. 
of Jamaica do meete at such time as the Lord Treasurer, and 
the Chancellor of the Exchequer shall appoint, [p. 142. ^ 3.] 

[626.] Whitehall, 3 August : 

Upon reading a Petition of the Royal! Company &c., The Barbados, 
right honourable the Lord Chancellor did undertake to write 
a Letter to be sent to the Barbado's for redress of the 
Complaint ; and the same to be signed by the Board. 

[p. 177. t 3.1 

[627.] Whitehall, 10 August : 

The Petition and Remonstrance of the Gouernour, Councell Virginia, 
and Burgesses of his Majestys Colonic of Uirginia (to his 
Majestic) being this day read at the Board, giuing an Accompt 
of their Proceedings upon his Majesties Instructions ; 
Whereby they were directed, that Commissioners, on the 
behalf e of the Colony of Uirginia, and the like on behalf e 
of the Colonic of Mary-Land, should be nominated and 
appointed to treat of the most conuenient Way of Lessening 
the quantities of Tobacco, thereby to Improue that Com- 
modity for the Aduantage of both the said Colonies ; Wherein 
some progress was made, but could not agree upon the 
Matter ; [a copy of the said petition and remonstrance is 
ordered to be delivered to Lord Baltimore, who, together 
with all parties concerned and also the Farmers of the Customs, 
is to be heard at the Board thereupon, the first Council day 
after Michaelmas day next]. [p. 181. ^ 2.] 

[628.] Ibid. 

The other Proposall then represented concerning the Island Tobago. 
Tobago was referred to the Committee of Plantations to 
consider thereof. iP- 184. ^ 2.] 

[629.] Whitehall, 24 August : 

Vpon the humble petition of the Company of Royall Barbados. 
Aduenturers of England trading into Africa, with a Paper 



382 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664. 

annexed, read at the Board the Third of August instant, 
Shewing, That the Petitioners haue giuen his Majestys Island 
of Barbado's, a Uberall Supply of Negro-Seruants ; And 
haue giuen the Planters long time of Payment for them, for 
their greater Incouragement ; Who are, at this time Indebted 
to the Petitioners, at least, forty thousand pounds sterling ; 
And that the Petitioners finde themselues very much abused 
by the tatollerable delayes of Payment amongst the most of 
the Planters, against which the present Forme of Judiciary 
proceedings in that Island afford no Remedy, but what is 
worse then the disease. So that, unless some better Con- 
stitution and Execution of Justice be suddenly established 
in that Island, the Petitioners whole Stock will be exhausted, 
and buryed in the hands of the Planters, and not recouerable 
but at the pleasure of the Debtors ; And thereby the Growth 
of the Plantations, and iust Interest of the honester Pay- 
Masters is obstructed And praying Redresse herein ; [A letter 
to the following effect was ordered to be sent to Lord 
Willoughby] : 

The inclosed Petition and Paper annexed being read to his 
Majestic in Councell, Wee haue thought fitt to transmitt the 
same to your Lordshipp : to the end that you may take such 
Order for the speedy Administration of Justice, that they be 
not forced to renew their Complaints to the King, or to this 
Board ; And Wee are, upon this Occasion, willmg to putt 
your Lordshipp in minde, how much his Majestie takes to 
heart the Good of all those his Majesties Plantations, and 
how solicitous Hee is, that all due Incouragement be giuen to 
the Planters in the first Place, and to the Merchants in the 
next, well knowing that, m-truth, their Interest is Joynct ; 
And if due Care be not taken for both, neyther of them can 
prosper. And Wee do all that is in Our power, vpon all 
Occasions, to informe and require the Merchants, not to take 
any Advantage of the necessity of the Planters, in setting 
vnreasonable and vnconscionable Prices vpon the Com- 
modities they send or carry to the Plantations, of which Wee 



1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 383 

haue receiued some generall Complaints ; But Wee do now 

the less wonder at any of those Excesses, if in-truth the 

Administration of Justice there be so delatory and uncertaine 

as is represented in the Account aimexed to this Petition ; 

For it cannot be expected, but if the Merchant foresees the 

delayes he may undergoe, euen by the Course of Justice, in 

the recouery of his Moneys for which hee parts with his 

Commodities, Hee will be sure to Sell those Commodities at 

such Prices as may make Him a full recompence he may 

sustayne by that Want of his Money ; which is in euery mans 

power to putt him, if he will breake his Word : And so they 

who are punctuall and honest Pay-Masters doe, and wiU 

alwayes suffer, for the ill demeanours of others, who wiU deale 

unjustly : Wee do therefore earnestly recommend to you, 

that you cause speedy Justice to be done to the Petitioners, 

that they may receiue what is iustly due to them by their 

Contracts, without further delay ; And that you seriously 

enter upon such DeUberations, that these and the like 

Obstructions may be remoued out of the way of Justice, 

without which Traffique and Commerce cannot be main- 

tayned, nor can any thinge seeme more, unreasonable to Us, 

or more contrary to all Rules of Law and Equity, then that, 

after a Creditor hath been forced to sue for his iust Debt, and 

hath obtayned Judgement and Execution for the same, those 

Goods, or Land, out of which the Debt should be satisfyed, 

should still remayne in the Debtors hands, and long enough, 

by ordinary Artifices, for euer to defeate the Creditor ; Wee 

expect an Account from your Lordshipp in this Matter ; as 

likewise a Draught of those Orders and Constitutions, which, 

for the present, are setled and Agreed upon there, for the 

good Gouernment of that Place, and the equall Administration 

of Justice to his Majestys Subjects, to the end, that Wee 

may offer the same to his Majestic, for his Royall approbation 

and Assent ; without which (you know) they are not of full 

force and Uertue. [p. 190. last ^.] 



384 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664. 

[630.1 Whitehall, 24 August: 

West Indies. The Proposition of Sir Thomas Modyford, and the Report 
of the Committee thereupon, is layd aside for the present ; 
Onely Allowance was given him for Transporting Men from 
Barbado's, for that time onely, at his Majesties Charge : 
And It was Ordered, That the Committee for Jamaica do 
meete, and receive an Accompt from Sir Charles Littleton of 
that Place, how he found It, and how he left It. And also 
that they consider the Planting of Coco-Nutts, Erecting Iron- 
works there, and at Virginia, and about making Pitch and 
Tarr, and whatsoever els they shall thinke fitt. 

[p. 194. Tf 1.] 

[631.] Whitehall, 7 September : 

Servants in Upon reading this day at the Boord a Report from the 
Councill of fEorraipe Plantations touching the erecting of an 
Office for taking and Registring the Consents, Agreements, 
and Covenants, of such Persons, as shall voluntarily go, or 
be sent as Servants to any of his Majesties Plantations in 
America As also a Commission appointing and Constituting 
Roger Whitley Esqr to be Master of the said Office, Upon 
consideration thereof [the Solicitor General is instructed to 
prepare the commission accordingly]. [p. 215. ^ 1.] 

[C.S.P. II. 798.] 
[632.] Whitehall, 14 September : 

Connecticut. Upon reading this day at the Boord the humble Petition 
of William Morton of the Towne of New London in the Colony 
of Connecticute in New England, touching treasonable Words 
spoken by severall Persons there [a letter was ordered to be 
written] to the Commissioners of New England requiring 
them fully to examine the Complaints . . and to proceed 
thereupon as shall be most agreeable to Justice for Vindica- 
tion of his Majesties Honour.* [p. 220. ^ 4.] 

• A Marginal Note says, " This was altered to a Letter, vide Session 26 
Sept. 1664." The letter — dated 14 Sept. 1664 — appears under the session of 
28th Bept. ^ - 



1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 385 

[633.] Whitehall, 14 September : 

A Letter to Sir William Berkeley Governor of Virginia. Virginia. 
Wee send you here enclosed a Petition with Two Affidavits 
presented to this Boord by NathanieU Buckoke and William 
Perkins of London Merchants, wherein they complaine that 
one Nathaniel! Bacon Merchant being a Prisoner at the 
Petitioners Suite under the Custody of Sir John Lenthall, 
and being charged in 500^. debt, the said Bacon subtilly and 
craftily, designing to defraud the Petitioners (not being in 
Execution) procured Liberty to go abroad with his Keeper 
from whom he made an Escape, and shipped himself for 
Virgiaia, where he liues at a high Rate having an Estate of 
3000Z. Sterling, And therefore they humbly prayed, That 
the said Bacon might be sent for England to be remanded 
to Prison, or that he giue good Security there to satisfy the 
Petitioners' Debts and Dammages. [Bacon is therefore to 
be arrested and good security for the debts exacted or 
himself sent home in custody.] [p. 222. ^ 1.] 

[634.] Ibid. 

The Relation concerning the Plantations of the Island of Jamaica. 

Turtudas in America being this day read at the Boord, And 

likewise a Report being made by the Lord Privy Scale from 

the Committee of Jamaica concerning the Advantages that 

will accrue by his Majesties taking the Miscellany Plantation 

on the North side of Hispariola into his Protection, It was 

Ordered by his Majestic that the same be forthwith sent to 

Sir Thomas Muddiford Governor of Jamaica, who is hereby 

prayed and required to take the Particulars thereof into 

consideration, and to weigh the Conveniencies that may arise 

to his Majesties Service by setling the said Plantation and 

Island under his Majesties Government of Jamaica, And if 

he shall find the Bearer Captaine Abraham Langford usefull 

for those Services, that he be employed therein. [If there be 

occasion for expense he is authorised to charge bills hither 

for a thousand pounds sterUng.] [p. 223. ]} 1.] 

25 



386 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664. 

[635.] Whitehall, 23 September : 

Jamaica. 4n Account of the State of Jamaica, prepared by Sir Charles 

Littleton [is referred to the Committee for Jamaica, who 
are required] to meete together, to consider of the best 
waies and meanes for setling a Plantation for his Majestie 
in that Island, and to finde out a Person fit to be recommended 
to his Majestie as an Agent to haue the management and 
oversight thereof, And likewise to consider how the Monies 
requisite for carrjnng on that Worke may be procured with 
most Conveniency to his Majesties Affaires, And also to 
endeavour to procure some able Miners to repaire thither to 
search and try the Oare of the Mountaines of that Island, 
and to report their Proceedings and Opinion upon the whole 
to this Boord. [p. 229. last %] 

[636.] Whitehall, 5 October : 

M^^Tand"*^ [With reference to the proposed restriction of tobacco 
production m Vii-ginia and Maryland] It was Ordered, 
That the Lord Baltimore ... as likewise Colonell 
Francis Morison, Sir Henry Chichley, Edward Diggs, and 
John JefEeryes Esqrs and others concerned in the Coloney 
of Virginia, do speedily meete, Consider of, and fframe such 
an Agreement between themselves as may best Conduce to 
the benefitt of both Plantations, and to the composeing the 
said difference : And if they cannot joyntly agree therevpon, 
that then each party draw vp distinct Proposalls, [which 
are to be discussed and reported on by the Committee for 
Plantations]. [p 234. ^ 1.] 

[On 16 Nov. the Virginia representatives, having 
failed to come to an agreement with Lord Baltimore, 
petition for a speedy hearing of their report, and are 
referred to the Committee, to which the Duke of Albemarle 
is then added. A copy of their propositions is also ordered 
to be sent to Lord Baltimore.] [p. 293. ^ 4.] 



1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 387 

[637. J WhitehaU, 21 October : 

[Order for a Bill to be drawn up containing a Privy Seal Jamaica, 
authorising the Lord High Treasurer and the Chancellor of 
the Exchequer to pay to Sir Thomas Modyford, Governor of 
Jamaica, 1,2001. for transporting a thousand passengers to 
Jamaica.] [p. jj50. f 2.] 

[638.] Whitehall, 23 November : 

Notwithstanding the present Embargue* [permission to Jamaica, 
proceed freely — without detention or impressment of her 
seamen — is granted, on the petition of Hender Molesworth, 
merchant, factor for the Royal Company for Jamaica, for] 
the Ship Jamaica Merchant, WiUiam Gainsford, Master, bound 
for Jamaica with idle and vagabond Persons, and several 
sorts of Goods whereof some are perishable — [provision being 
made] that especiall Care be taken that under pretence hereof, 
no more than the said Master and Eight EngHsh Seamen be 
allowed to navigate the said ship. [p. 297. ^j 1.] 

[639.] Whitehall, 25 November : 

[The Committee of Plantations having met on the 19th Virginia and 
November, report] Maryland. 

1. That the Proposall touching a Cessation, Stint or 
Limitation of planting Tobacco in the said Plantations is 
inconvenient both to the Planters and his Majesties Customes. 

2. That the Proposall for limiting a Time, for Ships to 
returne from Virginia or Maryland will be prejudiciall both 
to the Planters and his Majesties Customes. 

3. For Encouragement of Planters in the said Colonys to 
apply themselues to the planting other Comodities, which 
may be of more Beneiit then Tobacco, That his Majestic would 
be pleased to permit that all the Hemp, Pitch, and Tarr of 
the Growth, Production and Manufacture of Virginia or 

* T^iis embargo had been imposed by an Order of Council on 
28 October, 1664. It was removed from all save Dutch vessel^ 
oji 30 November, but renewed on 16 December. 



388 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664-5. 

Maryland which should be brought into this Kingdome for 
the space of ifive Yeares from the date hereof might be 
Custome free. 

[The Council concurred in the report, and orders were issued 
in accordance therewith.] [pp. 302-3.] 

[C.S.P. II. 863.] 
[640.] Whitehall, 7 December : 
Transporta- Whereas Nicholas Lucas, Henry Feste, Henry Marshall, 
Quakers. Francis Pryor, John Blendall, Jeremiah Hearne, and Samuel 
Treherne, Persons Conuicted at the last Assises held at 
Hertford, in the County of Hertford, and Sentenced to be 
Transported to some of His Majestys Plantations in the West 
Indies ; Who accordingly were putt on board the Shipp called 
the Anne of London, whereof one Thomas May is Master, 
who vndertooke and engaged himself for their Transportation, 
Yet sett them on-shoare in or about the Downes, leaving them 
at liberty to goe whither they pleased ; Which insolent 
demeanour being taken into Consideration ; And it appearing 
to be a Matter of Contrivance and Combination between the 
said Master and the persons before-mentioned ; It was this 
day Ordered (his Majestie present in Councell) That the high 
Sherejf of the County of Hertford (now being) do cause the 
said [persons] to be apprehended and Secured, \mtill meanes 
of transporting them can be made, by some Shipping bound 
vnto those parts. [p. 314. ^ 2.] 

[The Officers of the Customs are also ordered to arrest 
May and his vessel on his return, and to bring him before 
the Council.] [p. 315.] 

[C.S.P. II. 872.] 



CHARLES II. VOLUME V. (2 January 1665-27 April 1666.) 

[641.] Whitehall, 4 January : 

Newfound- The Right Honourable the Committee of his Majesties 
land. 

most Honourable privy Councell appointed for the Affayres 



1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 389 

of the Admiralty and Navy, [is ordered to] advise of the 
best Course how the Newfoundland ffish may be brought 
into England. [p. 9. ^ 3.] 

[642.] Whitehall, 13 January : 

Letter to the Governor of Virginia to give Order that all Plantation 
Shipps coming from thence do associate and returne in Com- 
pany for their better security. Whereas divers Merchants 
and Owners of vShipps tradeing to his Majesties Plantations 
in Virginia, by their humble Petition to his Majestic have 
Represented, that many Vessells being gonne to Virginia with 
Goods and servants, and that his Majesties great occasion for 
Seamen have enforced them to sayle Undermanned, which 
may endanger the losse both of Shipps and Goods, especially 
if they returne singly and without Association, and should 
meet with Dutch Men of Warr in the Channell, or else Where, 
in their returne for England ; .... all Shipps trade- 
ing unto, or wihhin the Capes of Virginia [are ordered to] 
Associate and returne from thence in Company for their 
mutuall assistance. 

The like Letter to the Lord Willughby of Parham Governor 
of the Barbado's and other the Caribee Islands : 

[p. 17. H 2.] 

[On 20 January a similar letter is sent to Lord Baltimore, 
Lord and Proprietary of Maryland.] [p. 25. ^ 3.] 

[On 20 January a letter to Sir Wm. Berkeley explains 
that the words " within the Capes of Virginia " do not 
authorise him to pursue the directions with reference to 
Maryland, and that a separate order to the same effect 
has been sent to the Proprietary of that colony.] 

[p. 26. ^ 1.] 

[643.] Worcester House, 29 January : 

[The Lord Chief Justice, and the major part of the Criminals 
Justices of the Peace for Middlesex, having examined into transported. 
their lives, and found them to be] Vagabonds, idle and 



390 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665. 

disorderly Persons, or else sturdy Rogues and Beggars, 
[any two or more of the said Justices are authorised to 
transport] Robert Bowley, William Grey, Moses Biggon, 
and John Otter to some of his Majesties English Planta- 
tions beyond the Seas, there to be disposed in the Usual 
way of Servants for the space of seven yeares. 

[Two or more Justices of the Peace for the City of 
Westminster in like manner to transport] William Downing 
and Ellen his wife, Thomas Bradford and Margaret his wife, 
William Naylor, Abraham Barron, John Osborne, Jolin 
Norton, and James Partridge. [p. 32. ]f 1-2.] 

[644.J WhitehaU, 8 February : 

New Upon the humble Petition of Sir William Warren Knight 

England. „, 

Shewing, that he hath Contracted with the Principall Of&cers 

and Commissioners of his Majesties Navy to supply his 
Majesties Stoares with a Competent proportion of Masts from 
New England, Swedland, &c., as also with three hundred 
Tonns of Hemp and Cordage, and that the Petitioner hath 
the said Hemp and Cordage, with three Shipps Loading of 
Masts in New England, and six Shipps Loading of Masts at 
Gottenburgh, . . And for as much as Shipps of length 
and breadth fitt for that service are scarce to be had, he 
hath bought that Shipp which was stayed with his Masts 
in Holland, but now Unladen at Chatham, and intends forth- 
with to send her to Gottenburgh, but must Sayle her with 
Swedes, and other Strangers : And the Petitioner intends 
to buy two Prize Shipps at Ports-mouth, and to ffreight such 
other Vessells as he shall finde fitt for the service, and 
(amongst them) one called the Three Kings of Norway, which 
hath lately deUvered her Loading of Masts at Portsmouth, 
and now intended for New-England, yet neither the said 
Shipp, nor any other, (although for his Majesties particular 
service) may be permitted to Sayle to any of his Majesties 
Plantations unlesse the men be three fEowerths English; 
And Praying the Licence and dispensation of this Board to 



1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 391 

send the said Shipp the Three Kings, and such other fitt 
Shipps as he shall Freight, for his Majesties Service, to New 
England, Swedeland and Norway, Sayling them with such 
Danes, Swedes and other Strangers Maryners mixt with 
English, as he can hire, It was this day Ordered by his 
Majestie in Councell [that the desired permission shall be 
granted for one whole year only]. [p. 39. ^ 2.] 

[645.] Whitehall, 15 February : 

The Petition of severall Gentlemen, and Merchants in the Newfound- 
land. 
County of Devon, trading to Newfound-land, Praying Licence 

to proceed in the Trade of Fishing there, as one cheife meanes 

of Support and maintenance of many Poore, being read. The 

consideration thereof was referred to the Comittee for the 

Affayres of the Admiralty and Navy ; And It was Ordered, 

That the said Comittee should meete on Friday the 17th of 

this instant, to consider of, and report what they conceive 

fitt to be done. [p. 49. ]} 1.] 

[C.S.P. II. 936, and C.S.P. Domestic. 1664-'65. p. 203.] 

[646.] Whitehall, 22 February : 

The Trade of Newfoundland Fishery having beene fully Newfound- 
debated, and considered of at this Board ; His Majestie 
reflecting upon the present conjuncture of Affayres, this day 
in Councell Declared ; And accordingly doth authorise and 
require his RoyaU Highness the Duke of Yorke, Lord high 
Admiral] of England, to give Licence and graunt a Passe 
for One Shipp of Dartmouth onely, and no more (such as in 
his Wisdome shall be thought fitt) to goe for Newfoundland 
aforesaid. [p. 51. ^ 1.] 

[C.S.P. 11. 936, and C.S.P. Domestic. 1664-'65. p. 213.] 

[647.] Whitehall, 24 February : 

[A Privy Seal to be issued for payment of 205/. 19s. ll(i. Barbados, 
to the Lieutenant of the Ordnance for munitions purchased 
for Barbados. Provisions for the use of the island are also 



392 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665. 



Barbados. 



Plantation 
Trade. 



' ' the word 
Ireland left 
out in the 
severall 
clauses 
per order 
22th 
instant." 



to be issued to Sir John Colleton, from his Majesty's stores, 
to the value of 123?. 6s. Od.] [p. 60. ^ 2.] 

[648.] Whitehall, 24 February : 

[The Committee for Plantations are to meet on Monday 
the 27th instant, to consider the papers returned from Lord 
Willoughby of Parham, and the petition of Mr. Cradock, 
provost-marshall of Barbados.] [p. 61. ^ 3.] 

[649.] Whitehall, 6 March : 

[Paragraphs 4, 5, 6, of an Order suspending the Navigation 
Act, are as follows : — ] 

[Notwithstanding the Navigation Acts] It shall and may 
be lawful for any English Merchants, and they are hereby 
authorized freely and without Interruption to make use of, 
and employ any forraine Ships or Vessells whatsoever navi- 
gated by Mariners or Seamen of any Nation in Amity with 
his Majestic for importing or exporting of Goods and 
Comodities to or from any Port in England, Ireland or Wales, 
or to or from any of his Majesties Plantations. 

Provided That no Goods or Comodities whatsoever be by 
them imported into any of his Majesties said Plantations, but 
what shalbe without fraud laden and Shipped in England 
Ireland or Wales, and thence directly carryed, and from no 
other Place to his Majesties said Plantations. 

Provided also That such Goods and Commodities as shall be 
by them laden or taken on board at his Majesties said Plan- 
tations or any of them be brought directly from thence to 
some of his Majesties said Ports in England Ireland or Wales, 
And all Governors and Officers of the Customes are hereby 
charg'd and required strictly to obserue all Rules, Direc- 
tions, and Orders for taking of Bonds or other Securities, and 
exacting all fforfeitures, and Penalties by the said Acts or 
either of them required or enjojoied. Save only in the Two 
Clauses concerning English Ships, or English Mariners herein 
before dispensed with. [p. 68. ^ 2.] 



1665.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 393 

[650.] WhitehaU, 8 March ; 

It was this day Ordered by their Lordships That the Officers Plantation 
and Farmers of his Majesties Customes do forthwith giue 
notice to the Masters of all Ships lately cleared at the Custome 
House, and not gone out of the River, bound to any of his 
Majesties forraine Plantations to give their personall Atten- 
dance on this Boord, on ffriday next the 10th of this instant 
March at Three of the Clock in the Afternoone at the Councill 
Chamber in Whitehall, And that in the meane time they do 
not permit any Ship bound for the said Plantations to depart 
out of the River without further Order.* [p. 69. ^ 4.] 

[651.] Ibid. 

Whereas his Majestic hath appointed severall Masters of Quakers 

. . transported. 

Ships to carry some of the Quakers now remaynmg m New- 
gate, adjudged to be transported to his Majesties Planta- 
tions according to the Liste hereunto annexed. It was this 
day Ordered by his Majestie in CouncUl, That the Lord Che if 
Justice of the Kings Bench do forthwith giue directions to the 
Sheriffs of London to cause the respectiue Numbers of the said 
Quakers adjudged to be transported, to be forthwith deliuered 
on board the said seuerall ships taking a Recognizance under 
the hands of the respectiue Masters for the safe Custody of 
the said Quakers, and delivery of them to the Governors of 
the seuerall Plantations whether they are bound. 

A Liste of the Names of the Masters of Ships bound to the 
Plantations, to transport Convicted Quakers 

Jamaica Merchant, WiUiam Gainsford Master, bound for 
Jamaica, is to carry Three Quakers. 

John and Thomas, John Ceely Master, bound for the 
Barbados, is to transport Six Quakers. 

Amity of London, Francis Appleby Master, bound for 
Mevis, is to transport Seaven Quakers. 

* An embargo had again been imposed by Order of 22 February, and on 
1 March a Proclamation had been read and approved forbidding foreign trade 
and commerce. The embargo was taken off by an Order of 21 April. The 
present order was made to give time for the putting on board of the Quakers 
mentioned in H 651. 



394 ACTS OF THE PRIVY COUNCIL (COLONIAL). [l665 

[The Officers and Farmers of the Customs are directed to 
allow these vessels to proceed as soon as they are satisfied 
that each has embarked its due contingent of Quakers. 

Instructions are given to the Governors of Nevis, Jamaica 
and Barbados to receive the transported Quakers, and to 
employ as servants in the plantation such of them as did not 
defray the cost of their own transportation. All are to be 
detained for a space of seven years.] 

[On the 15th sixty Quakers now in Newgate adjudged to 
be transported are ordered to be handed over by the Sheriff 
of London to William Fudge, master of the Black Eagle of 
London, a ship of about one hundred tons burden, manned 
by a master, eight mariners and a boy, to be conveyed to 
Jamaica, on the same conditions as in the previous order. 
The usual orders are issued for freeing the vessel from 
restrictions and for the reception of the Quakers by the 
Governor of Jamaica.] 

[Similar orders are given for the transportation of 50 
Quakers to Barbados in the John and Sarah of London, a 
ship of 100 tons burden, John Limbrey Master.] 

[pp. 73 & 78.] 

[652.] Whitehall, 19 April : 
Caribbee To ffrancis Lord Willoughby of Par ham his Majesties 

Islands. <= ./ 

Lieutenant Generall of the Caribbee Islands. After Our very 
hearty comendations unto your Lordshipp upon applicatioi) 
made unto this Boord by Thomas Henshaw Esquire, and the 
rest of the Creditors of James late Earle of Carlisle complain- 
ing that that part of the annuaU profits arising out of the 
Barbadoes, and other the Carribbee Islands which was 
Designed, and Ordered for the Satisfaction of the said Creditors, 
by Order of Councill bearing Date the 13th of June 1663, is 
wholly withheld by your Lordshipp notwithstanding the said 
.Order, and that you haue not to this day paid any part of 
the said profitts unto the said Agents as were appointed by 
the said Creditors to receive them ; and haueing for better 



1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 395 

information in this affaire heard Councill learned in the Law 
in your Lordshipps behaKe as well as in the behalfe of the 
Creditors, His Majestic alsoe being presente at the said Debate, 
was pleased to giue order for our writing to your Lordshipp 
to require you to giue speedy satisfaction to the said Creditors 
by the full and punctuall Execution of the said Order of 
Councill not doubting but you haae already made provission 
for the same, out of the profits you have receiued since your 
last accounts : And furthermore wee must take this occasion 
to teU your Lordshipp that the accounts which you have 
transmitted concerning the Revenue of the said Islands are 
under particular Examination as the nature thereof doth 
require And although for the present Wee say nothing 
concerning the particulars of them, Yet Wee are to lett your 
Lordshipp know, that Wee all concurre to think it reasonable 
that the profits of the said Island being equally divided, the 
Moytie appointed for the payment of the said Debts 
according to the Limitation of the said Order should be freede 
from all charges of Collecting, or other charges Incident to 
the Gouernment there ; And because the Creditors may here- 
after have their busines soe followed as they may acquiesce 
in the care of them that imdertake the same ; Wee doe think 
fitt to nominate as their Agent Mr. William Povey, and in 
case of his Death or leaving the said Imployment Mr. 
Thomas Dauies, And doe hereby giue the said William PoVey, 
or in Case of his Death or leaving the imployment the said 
Thomas Dauies, full power to receiue for the use of the said 
Creditors such parts of the profits of the said Islands as by 
virtue of the said order are or hereafter shalbee due unto 
them, and in such manner and method as is prescribed in the 
said order. And for the better avoyding all disputes for the 
future. It is his Majesties further pleasure that the said 
WiUiam Povey or . . Thomas Davis be by your Lordshipp 
sworne his Majesties Comptroller for his Revenue in the said 
Islands, untill his Majestie shall otherwise direct, And shall 
haue full power either themselues or their Deputies to sitt 



396 ACTS OF THE PMVY COUNCIL (COLONIAL). [1665. 

in the Custome House, there to signe Cocquets equall with 
the Searcher, to keepe Bookes of Entries of the Customes, 
which Bookes shalbee compared with those kept by your 
Lordshipps receiuers as often as the said Comptrollers shall 
think fitt, and that the profits ariseing be diuided once a 
weeke ; or as often as occasion shall require ; Provided alway 
that the Sallary of the said Comptrollers be paid them by 
the said Creditors untill their debt be fuUy satisfied, or untill 
his Majestie shall nominate some other person to be his 
Comptroller there But hereby Wee intend not that it should 
be understood, that the Interest of the Earle of Marleborough 
or any persons concerned therein, or the Interest of the Earle 
of Kynoule should be managed by the said Agents unlesse 
they are willing to approve of the same, But that they haue 
power to nominate such Agent for themselues as they shall 
think fitt, who is hereby authorized to act in their concernes as 
effectually as either of the Agents aforenamed in the con- 
cernes of the other Creditors. But whereas your Lordship 
is obliged by virtue of the Kings letters Patents to pay into 
his Majesties Exchequer the one Moytie of the profits 
arising from the said Islands which is now otherwise to be 
applyed for the satisfaction of the payments aforesaid, your 
Lordshipp is therefore by virtue of this presente order 
Declared to be indemnified for the non payment thereof into 
his Majesties Exchequer. And soe recomending to your 
Lordshipps particular care the whole composure of these 
differences, wee bid your Lordshipp heartily farewell. 

[p. 104. H 2.] 

[653.] Whitehall, 19 April : 
West Indies. Memorandum The seuerall Acts for the Barbadoes and 
other the Caribee Islands were this day approued and Rati- 
fyed in Councell And in regard It was since Ordered That the 
Acts verbatim should be Entred in the Councell Bookes and 
noe space sufficient to containe them being here left The 
P Order for AUoweing and approueing the said Acts together 
with the Acts att Length are hereafter enterd att large. 



1665.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 397 

vizt between the last of July and first of August next, 
p. 228. [p. 112. last \] 

Whereas his Majesty hath given powers by his Commission 
unto the Governor Councell and Assembly of the Caribee Islands 
to make Lawes in the said Islands Respectiuely Which Lawes 
are to continue and bee in force But one year unless his Majestie 
shall bee pleased to confirme the same And whereas the said 
Governour Councill and respective assemblyes of the respec- 
tive Islands of Antegua Mountserrate Nevis St. Christophers 
and Barbadoes Haue presented unto his Majestie severall 
Lawes hereunto annexed vizt two dated att Antegua the 
24:th and 27th dayes of May 1664 One whereof Intituled 
an Act for the repealeing of a former Act made in this Island 
Concerning Porestallerj and Regraders and for giving Ihe 
Inhabitants liberty to buy and sell The other^ Intituled an 
Act for the settling an Impost on the comodityes of this 
Islande of Antegua [and similar acts for settling the imposts 
in the islands of Montserrat, Nevis, St. Christopher, and 
Barbados] Which said Acts were read in Councell and referred 
to a Comittee of the Board And upon readeing their Report 
his Majesty with the Advice of his Privy Councell Having 
Considered the said Lawes Doth enact Confirme approve and 
Ratify the same Provided always That one Provisoe m the 
said Act for Barbadoes in theise words vizt. Provided alsoe 
That the growth and produce of the said Lands mentioned 
in the precedeing Provisoe, (That is to say the lands Com- 
monly called or knowne by the name of the Ten thousand 
Acres The merchants Lands Granted by the late Earle of 
Carlisle to Marmaduke Rowden Esquire William Perkins 
Alexander Banister Edmund Foster Captaine Wheateley and 
others their Associates) Bee not lyable to Taxe Impost or 
Custome ; Imposed by this Act any thing in the same 
seemeing to the Contrary Notwithstanding bee thereout Ex- 
cepted which said Provisoe his Majesty doth not approve of 
But disallow make void and absolutely null the same. 



398 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665. 

[All these Acts are given in full in the Eegister. The 
Antigua Act for liberty to trade runs] : Whereas by 
a former Act made in this Island of Antegua concerneing 
forestallers and Regraders intending thereby all such as 
should by Goods out of shipping and sell them againe 
Or sell without Lycence any Goods whatsoever under certaine 
penaltyes which being now taken into consideration And 
upon debate by his Excelency and his Councell and Gentle- 
men of the Assembly it appeared to bee very prejudicial! 
to the Inhabitants Especially as the Condition of the Island 
now stands for Remedy therefore for the future Bee it Enacted 
And it is hereby enacted by his said Excellency .... 
by and with the Advice of his Councell and the Gentlemen 
of the Assembly Representative of the Island And by the 
authority of the same that all such former Act or Acts see 
made as aforesaid bee hereby repealed made void and null 
And it is hereby further enacted by the Authority aforesaid 
That from the time of the publication of this Act any ship 
or vessell comeing to this Island the Master of the Ship haueing 
been with the Governour And entred his said ship or vessell 
and taken Lycence to trade That then It shall bee lawfull 
for the Inhabitants of this Island Or any merchants Factors 
or dealers to sell buy and Trade either for what they 
bring or buy without any further Lycence Anything in this 
Act or any other Act made in this Island to the Contrary In 
any wise Notwithstanding. 

[The passing of the Bill by the Representatives and by 
the Council, both on 27 May, 1664, and the assent of the 
Governor on the 30th, are attested by Charles Beavoir.] 

[The Acts for settling the 4i%duty on commodities exported 
are much alike for the several islands. That for Nevis will be 
found hi the " Acts of Assembly Passed in the Island of Nevis 
1664-1739," London 1740, pp. 1-3 : and that for Barbados 
m the corresponding collection published in 1732, like that 
for Nevis "by Order of the Lords Commissioners of Trade 



1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 399 

and Plantations."* The printed laws of Montserrat and of 
Antigua begin with the year 1668 and those of St. Christopher 
in 1711. 

The St. Christopher Law follows that for Nevis with the 
insertion in the forfeiture clause of the words — " or any wayes 
exported out of the English Quarters towards the French 
Ground or within one hundred paces of the partage Lyne of 
the two nations." 

The Montserrat Act omits the particular proviso saving the 
rights of the King and the Governor over lands granted or 
encroachments made upon the sea between 1650 and the 
appointment of a Royal Governor. 

The section regarding the confirmation of titles to land is 
expanded in the Antigua Act, which makes provision for 
forfeiting land taken up and deserted, unless the owner lay 
claim to it and bring it into cultivation within two years if 
resident in Europe or one year if in the West Indies, and 
furnish it with one Christian man servant for every twenty 
acres of land.] [pp. 228-239.] 

[C.S.P. II. 981.] 

[654.] WhitehaU, 28 April : 

Upon the Petition of Paul Hobson a prisoner in the Tower Carolina, 
setting forth his weake and Infirme Condicon in restraint 
Not likely to live unless Uberty bee given him of goeing 
abroad It is this day ordered his Majesty present in Councell 
that the said Paul Hobson giving in bonds with good security 
of one thousand pounds to the Clerke of the Councell con- 
ditioned That hee will goe on board such ship as his grace the 
Duke of Albemarle shall direct for the Province of Carolina 
in the West Indyes and shall not thence returne without 
Licence of this Board first obtained The Lieutenant of the 
Tower bee and is hereby authorised and required to 
permitt him to goe on board such ship accordingly. 

[P- 120. 1! 3.] 

• The Barbados Act may be more conveniently found in Bryan Edwards' 
"History of the West Indies." 



400 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665. 

[655.] Whitehall, 3 May : 

Jamaica. [Fifty barrels of gunpowder are ordered to be transported 

to Jamaica for his Majesty's service there.] [p. 123. ^ 3.] 

[656.] Whitehall, 12 May : 

Barbados. The Petition of Averina late Wife of Richard Holdopp 

Esquire [is ordered to be shewn to Ferdinando Gorges 
Esq. and others who are agents for Lord Willoughby of 
Parham, who are required speedily to put in their answer 
thereunto, that a convenient time may be appointed for 
hearing the same]. [p. 137. ^ 1.] 

[657.] Whitehall, 24 May : 

Barbados. This Board being Informed by the Affidavits of Nicholas 

Martyn and John Hoskins of certaine opprobious and 
reproachfull words uttered by one called Major Jacob Withers 
agaiast the Lord Willughby of Parham, [warrant is issued 
for Withers' apprehension and appearance at the Board on 
26 May. [p. 151.] 

On 14 June he appears in custody and is remanded to 
the Fleet prison till further orders.] [pp. 175 & 177.] 

[658] Whitehall, 9 June : 

Montserrat. Upon the humble petition of Peter ChamiUart, on behalfe 
of himself e, and Guy Chamillart his Brother, Subjects to the 
French King (this day read at the Board) Setting forth. That 
in August 1662, the Petitioner did Lade in the Shipp the St 
Peter of Gronnick in Holland (Christian Eluez then Master) 
sundry Goods, in an Inventary specifyed. Consigned to be 
delivered at St Christophers, to Mr. John Horst their fEaotov 
there ; That in December following, the Shipp with her 
Lading was seised by Robert Downham of Plymouth, and 
carryed to Mount Serrat, and by Mr. Osborne, (then Governor 
there) endeavoured to Condemne the said Shipp and Goods 
for Prize, upon a pretended Commission from the King of 



1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 401 

Portugall, under pretense of Warr between the said King 
and the States of Holland, whereas Peace had been published, 
and aU such Commissions revoked 4 moneths before. And 
when his Majestie had Interdicted aU his Subjects to act 
anything Upon such Commissions ; And although the said 
Osborne well knew that such Prizes were not lawfuU, yet 
he caused the Ladeing of the said Shipp to be deposited in the 
hands of one Captain Bentley in the said Island, Who remaynes 
security for the same in 5,000/. sterling. That notwith- 
standing aU I he Chargeable Meanes the Petitioners have Used, 
and his Majesties Letters of the 15th of May 1663 by which 
it Was Ordered, that Downham should be constrayned by 
Justice to do right to the Petitioners yet they could never 
receive Restitution or Satisfaction ; And Praying, that the 
said Osborne, Moyer Byde, (the present Governor of Mount 
Serrat) and Captain Bentley with whom the said Goods were 
deposited (amounting to above 120000 lbs. weight of sugar 
of the firench Islands) should make restitution, or pay the 
Value thereof in Sterling Money to the Petitioner being 782?. 
as by the said Inventary. [The petition was ordered to be 
transmitted to Lord WUloughby of Par ham with instructions 
to cause justice to be done in the matter, and to report to 
the Board.] [p. 172.] 

[A letter with these instructions to Lord Willoughby is 
appended to the Order.] [p. 173. ^ 1.] 

[659.] Whitehall, 16 June : 

Severall Merchants of London by their humble petition Plantation 

Trade 

representing, That they daylie expect the returne 
of sundry Ships of great Value from Barbado's and other of 
the Charybe Islands, Virginia the Streights and other Places, 
who are like to fall in with the Soundings, and Lands End 
in a time of imminent danger ; And there being, at present, 
a great number of Dutch Capers, or private Men of Warr 
attending thereabouts purposely, who are of so considerable 
force, that they have lately taken several Shipps of good 



402 ACTS OF THE PRIVY COUNCIL (COLONIAI.). [1665. 

Burthen and Value ; and some of them from under the 
Protection of One of his Majesties Ships ; And praying that 
they may be secured in their Trade by a competent Guard 
appointed for those Seas, [their suit is referred to the Lord 
High Admiral, with instructions to detail a competent 
guard]. [p. 180. ^ 3.] 

[660.] Whitehall, 16 June : 
Barbados. [The case of Francis Cradock's office of Provost Marshall 

in Barbados is ordered to be heard on the 23rd of June.] 

[p. 181. 11 2.] 
[661.] Whitehall, 5 July : 

Quakers [A number of convicted Quakers in the County Gaol of 

ranspor e . jjgj.|;fQj,(j g^j-g ^q ^^ transported to some of his Majesty's 
plantations " excepting Virginia and New England " in the 
Nicholas of London, Capt. Gates, who with sixteen mariners, 
is given a protection against impressment. The names are :] 
Nicholas Lucas, ffrancis Pryer, Henry ffeast, Henry Marshall, 
John Blindall, Samuel Treyherne, Jeremiah Heme, Robert 
Crooke, Robert ffairman, Richard Thomas, John Brestbone, 
Henry Stent, Lewis Lawndey, Thomas Messe, William Burr, 
Thomas Burr, Robert Hart, Henry Sweeting, William Larkin, 
Mary Whittenbury, Samuel WoUestone, Thomas Crawley, 
Edward Parkin, John Witham, William Adams, Michael 
Day, John Thorrowgood, Jeremiah Deane, John Picket, 
William ffairman. [p. 200. H 1.] 

[662.] Oxford, 20 October : 
Navigation The humble Petition of Samuell Wilson of London Merchant 
(being this day read at the Board) Shewing, That severall 
Merchants of London in January 1663 ffreighted a Shipp 
called the John of London (James Bonnell Master) for Malaga, 
to be Laden with wines, but not finding things there according 
to expectation, was necessitated to take a ffreight of wines 
for New England, from Whence, after sale of the Wines, the 
Shipp departed for Barbado's, and from thence to Piscatuqua 
in New-England, where shee was Laden with ffish for Bilboa, 



Act 



1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 403 

and from thence to Cadiz ; In which severall Voyages the 
losse amounted to about 7001., so that Upon a real] and 
urgent necessity, be was inforced to sell the Shipp at Cadiz, 
to Mr. Robert Wilson Merchant, then there, for the payment 
of Debts and Wages, who appointed Zachary CuUen Master 
of her ; And the said James BonneU (the former Master) is 
now returned into England, who having been so long abroad, 
and at so great a distance, knew nothing of the late Act, pro- 
hibiting this manner of Trade from New-England to Malaga, 
As by an Affidavit to the said Petition annexed appeared. 
The Petitioner making his humble Addresse by Petition to 
the Lord High Treasurer of England, for freeing of the said 
Shipp and Goods, His Lordship [on 16 October, 1665, 
referred the matter to the Farmers of the Customs, who on 
17 October submitted the following report :] This Case 
concerneth a Marchant that hath ever dealt fajTely, otherwise 
wee should not be easy of beliefe that the Master could be so 
long ignorant of the Act ; But it being positively sworne, wee 
cannot but give credit unto it ; And Trade being so interrupted 
as it is amongst Us by reason of the Contagion, that they want 
Shipps to bring home their effects. Wee humbly submitt it 
to your Lordshipp whether the length of the time, the ignorance 
of the Master, and the present necessity of Shipping may 
not induce a dispensation from your Lordship. Ni. Crisp, 
J. Harrison. [All which being duly considered. His Majesty 
orders that the breach of the Act of Navigation be fuUy par- 
doned, and the] said Shipp with her Lading from Malaga, or 
any other Port of Spain (wholy excepting the Canary 
Islands) be permitted freely, and without any trouble or 
molestation, to come into, and discharge her Lading in any 
of his Majesties Ports of this Kingdome, the said Act of 
Navigation, or anything therein contayned to the contrary 
in any wise notwithstanding. [pp. 275-6.] 

[663.] Oxford, 25 October : 

[License is given to all merchants trading to Malaga, Plantation 
Alicante, and other foreign parts to bring home their goods 



404 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1665. 



in foreign bottoms notwithstanding the Act of Navigation] 
Provided, that no Use or Liberty hereof be made or taken 
in relation to his Majesties fforraigne Plantations. 

[pp. 281-2.] 

[664.] Oxford, 10 November : 

Jamaica. Upon reading this day at the Boord the humble Petition 

of Don Juan Ximenes de Bohorques Knight of the Order of 
Calatrava and a Subject of the Catholique King Complajmiag, 
that 2500 Quintals of Logwood and 75 Pattachas of Spanish 
Tobacco are deteyned from him by George Robinson and 
others, And praying, That the said Robinson may be sent 
for to answer the Petitioners demands, or that the Goods, 
or Money for which they were sold may be secured in the 
hands of whomsoever it shall appeare to remaine, [the petition 
was referred to the Duke of Albemarle with instructions to 
investigate the matter, and to report]. [p. 291. f 1.] 

[C.S.P. II. 1150.] 

[665.] Oxford, 11 November : 

Barbados. [A warrant for the imprisonment in Oxford Castle of 

Samuel Parmer] for severall high Misdemeanors by him 
comitted, tending to Rebellion, and the disturbance of his 
Majesties Government in some of his Plantations. [p. 291.] 

On 15 November it is ordered that Parmer receive a 
copy of the articles exhibited against him by Lord 
Willoughby. [p. 292.] 

On the 22nd he is required, before he can be discharged, 
to pay his fees to Robert Gyde, Sergeant at Arms, in 
whose custody he remained for fifty-one days before his 
imprisonment in Oxford Castle. [p. 295.] 

On 15 December he is released on his own bond of 
WOOL and two sureties of 5001. each, and on undertaking 
to keep the Clerk of the Council apprised of his abode in 
order that he may give answer whenever summoned by the 
Council. [p. 306.] 



1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 405 

On 12 Jan. 1666 the hearing of the case is fixed for the 
26th, and Lord Willoughby's agents are to be notified of this. 

[p. 324.] 

On 23 February, the hearing of the case, not taken on 
26 Jan. because of his Majesty's sudden departure from 
Oxford, is fixed for 9 March, and Mr. Champante, Lord 
Willoughby's agent, is again to be notified. [p. 362.] 

On 2 March the hearing is postponed to the 16th, William 
Willoughy having urgent occasions which prevent his 
attendance on the 9th. [p. 372.] 

[666.] Oxford, 11 November : 

The Petition and Papers of Don Antonio de Villa Vitiosa, Jamaica. 
Councellor to his Catholique Majestic, and Agent of his 
Embassage to this Court, touching the Ship St. Michael and 
Sancto Domingo, whereof Sebastian Crespo Subject to his 
Cathohque Majestie was Owner, seized in June 1664 by an 
EngUsh Ship Henry Castines Comander, by vertue of Letters 
of Marque from the Lord Windsor then Governor of Jamaica, 
[are ordered to be sent to Sir Thomas Modyford, Governor 
of Jamaica, with instructions, if the facts are as stated, to 
obtain restitution of the ship and goods, or satisfaction for 
them, or if neither is possible, to report to the Board]. 

[p. 292. 11 1.] 
[C.S.P. II. 1076.] 
[667.] Ibid. 

Upon reading this day at the Boord the humble Petition Jamaica. 
of Don Juan Ximenes de Bohorques .... touching 
his Ship Sancto Christo with her Goods and Lading of a very 
considerable Value taken in October 1664 by Captaine Maurice 
Williams Commander of an English ffregat called the Hope- 
full Adventure, and carried to Jamaica : Which his Majestie 
having taken into his Princely Consideration, and expressing 
a great Desire, that Restitution and Satisfaction should be 
made to the Petitioner of his said Ship and Goods, Did Order, 
that the Right honourable the Lord Arlington Principall 



406 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665-6. 

Secretarie of State do write to Sir Thomas Modyford, [request- 
ing him to obtain restitution, and, if unable, to report to 
the Board]. [p- 292. Ij 2.] 

[On the 22nd, it is ordered that all parties in the suit 
regarding logwood and tobacco attend the Lords Com- 
missioners for Prizes, who shall report to the Board.] 

ip. 295. t 1.] 

[On 8 December, it is ordered that since Mr. Giles Litcot 
became possessed of the logwood and tobacco by virtue of a 
pretended sale or other assignation made with a design to 
colour them from seizure yet in trust to the only proper use 
and account of Don Juan Ximenes de Bohorques, as was 
confessed by Mr. Litcot, he therefore restore to Don Juan in 
specie or in money to the full value received such of the goods 
as were taken into his custody at London : as for the goods 
which came into the custody of Sir Martin Noell, now deceased, 
such as remain unsold are to be restored, and for what has 
been sold (Mr. Litcot assenting to the sale), Litcot must give 
or procure satisfaction, and find his own remedy at law against 
NoeU's executors or those who have received the proceeds 
of the sale. And as Sir Martin's papers wUI not be available 
for examination owing to the contagion in his house, Don 
Juan is recommended] to deale fairely and friendly with the 
said Mr. Litcot . . for haueing soe faithfully discharged 
himsehe, of the Trust comitted to him. [pp. 302-3.] 

[On the same day Thomas NoeU and George Robinson, the 
executors of Sir Martin Noell, are ordered to be discharged 
from custody.] [p. 303. f 3.] 

[On 10 January, 1666, on Litcot's petition, all parties in 
the case are ordered to be again heard by the Commissioners 
for Prizes, to whom is also referred a petition of de Bohorques 
for the imprisonment of Litcot tUl he should give satisfaction, 
with instructions to examine the whole matter, and to 
report. [pp. 321-2.] 



1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 407 

On 27 April, Robinson and Noell as well as de Bohoques 
are ordered to attend the next morning. [p. 4j8. ^ 3.] 

For the settlement of the case see ^ 676.] 

[668.] Whitehall, 25 February : 

Upon the humble petition of Robert Williams Master of the Barbados. 
Shipp called the Barbado's Merchant (this day read at the 
Board) Setting forth, That the Petitioner with his said Shipp 
sayled from Barbado's the 7th of July last ; intending for the 
Port of Berwick, in Order to his Contract in Barbado's, and 
in Obedience to the Act of Parliament, but was prevented by 
distress of weather, forced into the Isles of Orkney, and after 
long wayting there, proceeding for Berwick aforesaid, was 
constrayned to putt into the Harbour of Liath in Scotland, 
not being able to abide in the Road ; Where his Shipp proved 
Leaky ; so that for Safety of Shipp and Goods he was iaforced 
to Land his Merchandize there ; where the said Shipp 
remayns under repayre, as by Certificats and Declarations 
doth appeare ; and Praying, that his Majesties Dutyes for the 
said Goods may be paid in Scotland ; and that, upon Payment 
thereof, the Petitioners Bonds given in the Barbado's may 
be Cancelled, It was this day Ordered ; that the said Petition 
be [referred to the Chancellor of the Exchequer to] finde out 
such Expedients, that his Majesties revenew may be secured, 
and the Petitioner, so farr as with Justice may consist, be 
Indempnified and releived. [p. 357. ^ 1.] 

[669.] Whitehall, 25 February : 

Upon the humble petition of William Leaner (on behalfe New York, 
of himself and Thomas de la Vail late of London Merchant) 
this day read at the Board, Setting forth, That the said Thomas 
De la Vail did, about twelve or fowrteen yeares since, buy severall 
Shipps and Goods of the Sub-Commissioners of Prize Goods at 
Douer, and hath really and truly paid for all whatever, with 
an Overplus ; That he said Thomas de la Vail is actually in 



408 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666. 

his Majesties Service at New York in New England (formerly 

called the New-Netherlands) as by a Certificate from the 

Gouernour there appeared ; And that a Suit is prosecuted 

against him ard the Petitioner (his Bayle) by Sir Walter 

Walker, in his Majesties name ; whereby the Petitioners are 

putt to great trouble and Vexation to prove the payment of 

every parcell of his Money for Matters transacted so many 

Years since, . . . And praying that the said Suit may 

be ayther totally discharged. Or proceedings stopped untill 

the returne of the said Mr. De la Vail (he having putt in his 

Answer upon Oath before his departure upon the said 

Imployment, and theie sett out. That he hath Overpayd for 

whatsoever he bought and received upon the Accompt 

aforesaid. . . . It is referred unto Sir Robert Wiseman 

Knight his Majesties Advocate, and to Sir Walter Walker 

Knight to examine and certify unto this Board the true state 

of the Petitioners Allegations, whereupon further Directions 

will be given, as shall be thought fitt. [p. 357. If 3.] 

[670.] Worcester House, 6 March ; 
Tobacco. A Letter to the High Sheriff of Glocester. [Despite previous 

orders] Wee have lately received Information, that great 
Preparations are making in the County of Glocester, much 
new ground digged and broken up, and that the People there 
seeme much resolued to persist in their Disobedience of plant- 
ing Tobacco this yeare, to the great Prejudice of his Majesties 
forraine Plantations and Customes, and Hinderance of the 
Navigation of this Kingdome, [We therefore] wiU and require 
you, That forthwith without any manner of Connivence or 
flavour to any Person whatsoever you cause all such Tobacco 
so planted set or sowne, or which shalbe planted set or sowne 
within the said County of Glocester to be . . . destroyed 

and also . . . . to be aiding and 

assisting to Clement Dowle Esqr Collector of his Majesties 
Customes in the Port of Glocester . . . . in the 
destroying of Tobacco in that County. [p. 377. 1| 2.] 



1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 409 

[Mr. Dowle's commission precedes this entry, in terms 
similar to those of the warrant to Mr. Delavall (620).] 

[TP. 377. H 1.] 
[671.] Worcester House, 16 March : 

[Samuel Farmer's answer, wherein he recriminates Lord Barbadoes 
Willoughby, is heard, and a copy thereof ordered be sent to the 
latter.] Upon whose Reply to the said Answer, or his Lordships 
coming over into England himself in person, his Majesty will 
againe take the Busines into Consideration. And in the 
meane time, His Majesty being much dissatisfyed with the 
Deportment and Proceedings of the said Mr. ffarmer. Did 
order That he give 2,000Z. Bond with Two sufficient Sureties 
to attend his Majesty in Councill, whensoever he shalbe there- 
unto summoned, and not to depart this Kingdome without 
Licence first obteyned from his Majesty. And that he dis- 
charge the ffees due to the Serjeant of Armes and Messengers 
in whose Custody he hath been. [p. 385. ^1.] 

[672.] Worcester House, 30 March : 

A Letter to the Lord WiUughby of Parham. Whereas the Barbados 
Company of Royall Adventurers of England trading into Africa j"^a^iga 
did by their Petition desire they might have Leaue to sup- 
port the Bargaine they have made with Signior GriUo by 
such Negros as shalbe procured by Signior GriUo himseK, 
or any Agents employed by him, the better to comply with 
a Contract they have made with him. His Majesty in CounciU 
having taken the said Petition into Consideration, and finding 
that in the present juncture of Affaires the Agreement cannot 
otherwise be complyed with, Wee do in his Majesties name 
pray and require you to permit all such Negros as shalbe 
comprized within the numbers, that ought to be dehvered 
to Signior GriUo by the said Contract, whether brought in 
by Signior GriUo himself in the Ships of any Nation in 
Amity with his Majesty, or by the Company into Jamaica or 
Barbados, or by either of them procured upon the place, to 
be reimbarked and transported from thence, paying no other 



410 ACTS OP THE PRIVY COUNCIL (COLONIAL), [1666. 

Duty or Custome for the same than the Petitioners are lyable 
to pay for such as they have sold, and do and shall deliver 
unto the said Signior Grillo, the Company sending under their 
Seale a Certificate of the Number that are to be deHuered 
yearly to Signior Grillo, Which Indulgence his Majesty is 
pleased to graunt as a flavour to the said RoyaU Company 
that they may make use of it so far forth as they shall find it 
for their Interest and extend it, or withdraw it, as they shall 
see occasion, they signifying from time to time their desire 
to you. 

The like Letter was sent to Sir Thomas Mod3^ord Governor 
of Jamaica. [p. 396. ^I 2.] 

[673.] Worcester House, 30 March : 
Tobacco. A Letter to the Lord Herbert of Ragland Lord Lieutenant 

of the County of Glocester. [Upon the execution of the order 
of 6 March] the Inhabitants of Winchcombe and Cheltenham, 
as Wee are informed gathering themselues together in a riotous 
and tumultuous manner, did not only offer Violence but had 
like to have slaine the Sheriff, Giving out, that they would 
loose their Liues rather then obey the Lawes in that case 
provided, [We therefore] require your Lordship to be assisting 
to the said Mr. Dowle in destrojdng all the Plantations of 
Tobacco within that County with such parts of the Mihtia xmder 
your Lordships Command as you shall judge necessary to 
reduce those Mutineers to Obedience, and to effect that Worke 
which is so necessary for the Encouragement of Navigation, 
the benefit of his Majesties Customes, and support of his 
foraine Plantations, and Wee have Ukewise thought fit to 
acquaint your Lordship that his Majesty hath given command 
to his Grace the Lord GeneraU to send a Troope of Horse to 
lye at Teuxbury, to be assisting if there shalbe occasion. 

A Letter to the Judges of Assize for the County of Glocester. 
[Hearing that] the Inhabitants of the Townes of Winchcombe, 
Cheltenham, Evesham, Teuxbury, Parshall and other Places 
within the County of Glocester have contrary to their Duty 



1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 411 

made great preparations of Beds of Tobacco this yeare, and 
digged and broken up many Thousand Acres of Ground to 
plant the same, to the hindrance of the Navigation of this 
Kingdome, Diminution of his Majesties Customes and the 
prejudice of his forraine Plantations, [We] pray and require 
your Lordships at the next Assizes to be held for that County 
to give the said Statute against Planting Tobacco in England 
in charge to the Grand Jury, That the Breach thereof may 
be severely punished, and to enquire particularly after the 
mutinous and riotous carriage of the Inhabitants of Winch- 
combe and Cheltenham against the Sheriff of that County. 
[The Justices of the Peace, who have been very remiss in 
this matter, are especially charged to give it their attention.] 

[pp. 396-7.] 

[674.] Whitehall, 6 April : 

[A letter to Lord Willoughby of Parham. The Royal African Barbado.s 
Company having complained] That Captaine Nicholas Pep- 
pereU Commander of the Petitioners Ship Charles having 
seized in the Coast of Guinny the Ship WiUiam and Susan 
trading there in contempt of his Majesties Charter, and brought 
her to Barbados to be there adjudged in his Majesties High 
Court of Admiralty, the said Captaine was at his Arrivall 
arrested by the Owners of the said Ship in an Action of 
500000 pounds of Sugar at Common Law, Whereupon the 
Petitioners ffactors applyed themselues to Your Lordship 
and desired that the said Action may be dismissed from the 
Common Law to its proper Judicature the Admiralty, which 
your Lordship refused, and sitting in the Court of Admiralty 
would not take any Cognizance of the Cause there, but left 
them to defend his Majesties Charter at Common Law, as by 
the Petition a Copy whereof is herewith sent your Lordship 
may appeare. Which his Majesty having taken into Considera- 
tion, hath commanded us to signify unto your Lordship That 
it is his expresse Pleasure and Command That you forth- 
with dismisse the said Action and Bayle out of the Court of 
Common Pleas in that Island, in which it is depending and 



412 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665-6. 



transmit the whole Case and pretence of the Plaintiffs 
together with aU Writings and Papers thereunto belonging to 
this Boord, His Majesty intending to take Cognizance thereof 
himself. [p. 402. ^ 2.] 

[675.] [1.] WhitehaU, 17 February, 1665 : 

Bermudas. [The Govemor and planters of the Bermudas desire that the 
ammunition and habiliments of war ordered for the fortifi- 
cation and security of the islands on 28 January, as well as 
the passengers, may be transported without molestation or 
seizure in their magazine ship, the Real Friendship of London, 
Thomas Bargrave master. The Council order the particulars 
of the stores to be submitted to the Customs, who are then to 
grant the desired pass. On 13 March, despite the imposition 
of an embargo by order of 22 February, the Real FrieTidahip 
is allowed to sail to the Bermudas with 20 men and a boy.] 

[p. 50. II 3 and p. 72. "jj 4.] 

[2.] WhitehaU, 31 March : 

Whereas Andrew Hopkins Gentleman in behalf of George 
Kirke Esquire one of the Proprietors of Newfoundland, and 
now there Resident, did by his Petition this day read at the 
Board represent, that the Inhabitants of that Island are in 
a sad Condition, by reason that they are not supplyed with 
Necessaries from England as they from time to time haue 
usually been. And the Petitioner being employed to bring 
them Releife, hath in order thereunto victualled a small Vessell 
at Barnestaple called the Willing Minde Burthen 60 Tuns or 
thereabouts, but in regard to the Embarque caimot proceed 
in her Voyage, [he is granted permission for the said ship 
and four mariners to proceed despite the embargo]. 

[p. 88. t 2.] 

[3.] WhitehaU, 21 AprU : 

Barbados. [A pass is granted to Colonel John CoUins, "Governor of 

the Burbuda " for the Daniel of London, Samuel Randall 
master,] being by him freighted for Transportation, of himself 
and family, with his goods and Servants, and other passengers 



Newfound- 
land. 



1666.] ACTS or THE PRIVY COUNCIL (COLONIAL). 413 

to the Barbadoes ; [he] ofEering to attend the Lord chiefe 
Justice, of his Majesties Bench, and take with him such 
Prisoners, as his Lordshipp shall direct, and dispose of them 
in his Majesties forreigne Plantations. [p. 110. f 3.] 

[4.] WhitehaU, 7 June : 

[On a favourable report from the OfScers of the Customs, Plantations. 
Thomas Martia, merchant, is given safe conduct] for three 
Shipps to any Port in Amity with his Majesty 
saving onely to any of the Plantations, or other Places 
prohibited by Letters Patents. [p. 168. ^ 3.] 

[5.] Oxford, 3 November : 

[The Lord High Admiral is to grant the Swedish Resident Barbados. 
a pass for the King David from Rochelle to Limerick with salt, 
and thence to Barbados, on the conditions laid down in the 
dispensation of 6 March, 1665.] [p. 285. ^ 1.] 

[6.] Worcester House, 6 April, 1666: 

[The towns of Plymouth, Lyme, Dartmouth, Weymouth, Wost indies. 
Barnstaple, Topsham, Chester, Liverpool, HuU, and New- 
castle, are allowed each of them to send one ship to the 
Caribbee Islands, Jamaica, or other his Majesty's plantations, 
and MiUord Haven two, as soon as his Majesty's fleet shall 
be manned, notwithstanding the embargo.*] 

[p. 401. TI 5.] 



CHARLES II. VOLUME VI. (4 May 1666-30 Sept. 1667.) 

[676.] Worcester House, 9 May : 

[George Robinson and Thomas NoeU, executors of Sir Don 
Martin Noell, having accorded with Don Ximenes de ooh'o^ques.'' 
Bohorques for a certain sum of money to be immediately 
paid him, order is given for immediate payment of this sum 

* TMs embargo had been imposed on 22 December 1665 {p. 311. H 1) : it 
was renewed on 14 November 1666 (vi. p. 210. H 2.) 



414 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1666. 

in presence of Lord Arlington] ; And that vpon the said 
payment the said Don Juan do give them a full Discharge 
from all his pretentions to the said Wood and Tobacco which 
came into the said Sir Martins hands, and that the said 
Don Juan do dehver vnto the said Executors the Writing 
which he received from Gyles Lytcott specifjring his said 
Interest in the said Goods, and also that the said Don Juan 
do assigne his said Interest over vnto the said Executors. 

[V. 6. II 1.] 

[677.] Whitehall, 18 May: 

West Indies. [Memorandum of the renewal of the Letter of 19 April 1665 
to Lord Willoughby (652)], With the alterations following vizt. 
Instead of the Names of WiUiam Povey, who was therein 
nominated their Agent, and in case of his death, or leaving the 
"vide the Imployment Mr. Thomas Da vies to succeed in his place, Mr. 
letter WiUiam Boseman is appointed Agent, and in Case of his death, 

entered the or leaving the Imployment Mr. Alexander Beale. And in this 
Aprill 1665." Clause, And although for the present. Wee say nothing con- 
cerning the . particulars of them, yet Wee are to lett your 
Lordshipp know that Wee all concurr to think it reasonable, 
that the profitts of the said Islands being equally divided, 
the Moyety appojoited for the payment of (these words 
following vizt. (Earle of Marleborough and Earle of Kenoule 
and of) were inserted by Mr. Secretary Morice with his owne 
hand) the said Debts according to the hmitation of the said 
Order, should be freed from all Charges of Collecting, or other 
Charges incident to the Government there. All the rest of 
the said Letter passed in Terminis as the former of the 19th 
of Aprill. [p. 28. ^ 2.] 

[678.] Whitehall, 30 May : 
Tranaporta- [Warrant to the Warden of the Fleet to take into his 

tion of 

Quakers. custody Thomas May, master of the Anne of London, who 
set on shore in the Downs severall Quakers whom he had 
undertaken to transport to the Plantations.] [f. 44. \ 1.] 



1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 415 

[679.] Whitehall, 6 June ; 

[Committee for Jamaica ordered to] meete and Consider Jamaica. 
of some Bills transmitted thence, to be made into Lawes, 
and to then Report the same. [p. 48. ^ 2.] 

[680.] Whitehall, 8 J\me : 

[Cancerning the order of 30 May] Thomas May by Trausporta- 
his Petition (this day read at the Board) Represents, That Quakers, 
being bound to the Western-Indies, and having received 
from the Gaoler of Hertford some Quakers to be transported, 
arrived in the Downes, and wayting for a Winde the space of 
a Moneth, had so spent his Provisions that he returned to 
London to recrewt them, and in the interim his Passengers 
gott on shore in such manner as in his Petition is suggested ; 
And that since his late Committment, the Hatches of the 
said Shipp have been broken vp, a great part of his Loading 
taken out, without giveing any Accompt, or vpon what 
Authority he knowes not, and praying to have Liberty (vpon 
Bayle) to looke after the dehvery of the Goods in his trust 
and Charge. [The petition is referred to the Lord Chief 
Justice of the King's Bench, who is to give order for 
May's prosecution, and for the present to release him on 
bail, if he shall think fit.] [p. 48. Ij 3.] 

[681.] Ibid. 

Vpon reading the Petition of John Shorter of London Plantation 

Trade 

Merchant, Representing, That he having Contracted with 
the Commissioners of his Majesties Navy, to bring from New- 
England a Shipps Lading of Masts, and to deliver them into 
his Majesties Stoares at Portsmouth, did send the Shipp 
Orange-Tree of London (John Stubbs Master) for the same, 
Which in her returne homewards with her Lading of Masts, 
the 6th of Aprill last, was taken neare the Lands end by a 
Dutch Privatier, and carryed as Prize into the Island of St. 
Martins, where the said Master, and Nine Mariners are in a 
starving Condition, each of them being allowed but one souse 



416 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666. 

a day, and kept close Prisoners, and exposed to much misery : 
[the Council recommends the Duke of York, Lord High Admiral 
of England, to take speedy and effectuall care for their relief.] 

[p. 52. II 1], 
[682.] Whitehall, 20 June : 

Tobacco. [Letters to the Sheriffs of ' Gloucester, Warwick, Worcester, 

Oxford, Monmouth, Hereford, and Brecknock, stating that 
his Majesty is wearied with continuated complaints, and 
cannot but observe that his clemency is abused, and the 
stubborn spirits of Nonconformists improved, in that they 
continue digging up new grounds for planting tobacco; and 
therefore ordering aU such tobacco so planted, set, sown, 
curing or cured, to be destroyed, and every assistance given 
therein to Clement Dowle.] 

Also Letters of Assistance to each respectiue Lord 
Lieutenant of the said Counties to assist the Shereifs and the 
said Clement Dowle in the Service aforesaid. 

Also a Warrant directed to Francis Steuens Esqr, One of 
his Majestys Serieants at Armes, to bring before this Board 
John Ryland, Thomas Gray, and John Lamport insolent and 
tumultuous promoters, actors and assistants in Planting, 
setting, sowing, &c., of Tobacco, in those parts. [p. 62.] 

[683.] Whitehall, 6 July : 
Barbados. [Francis Cradock having petitioned with regard to the 

Attorney General's report on Lord WiUoughby's statement of 
the inconveniences that may arise from Cradock's employment 
as Provost Marshal of Barbados, that] forasmuch as the 
Petitioner hath been at 1,000?. expence in vindicating to 
Majestys Right, and his owne Interest to the said Office, and 
yet is still suspended the profits thereof, and untill this be 
determined from any other Imployment, He humbly prayed 
a day of Hearing may be appointed, and such Order taken 
for his Releife, as shalbe thought fit. His Majesty present 
in Councill did Order, That WiUiam Willughby Esqr Brother 
to the said Lord WiUughby haue a Copy of the said Petition, 



1666.] ACTS OF THE PRIVY COUlSrCIL (COLONIAL). 417 

and with aU speed returne his Answer thereunto to this Boord, 
And then his Majesty will appoint a day for hearing the 
whole matter. [p. 83. ]| 3.] 

On 4 Jan. 1667, Cradock's case is ordered to be heard 
on the 26th, all parties concerned, especially William 
Willoughby, to attend. [p. 258.] 

[684.] WhitehaU, 11 July; 

[On a petition from William Spence, John Cotter, and Transporta- 
other sailors of the Anne representing that by reason of Quakers. 
Captain May's imprisonment they are unable to recover 
twenty months' wages, it is ordered that the Anne, 
which has been seized on his Majesty's behaK as May's 
property, be discharged, since no part of the ship belongs 
to him, but] that the Judge of the Admiralty may put 
in execution all legall meanes for seUing of the said ship for 
payment of the Petitioners. [p. 90. T| 1.] 

[685.] Whitehall, 13 August : 

His Majestic taking into Consideration the present state Barbados, 
and Condition of his Plantations in America, and particularly 
that of the Island of Barbados, did Order, . . That 

William Willughby Esqr . . do call vnto him some of 

the most sufficient, able, -understanding Planters and Merchants 
now Resident in and about this City of London interessed in 
the stock of that Island, and joyntly with them advise and 
Consider of, and propose such meanes and expedients as may 
best Conduce to the present safety and preservation and future 
setlement and prosperity of the said Is'and, [and report to 
the Committee for Foreign Plantations]. [p. 128. ^ 1.] 

[On the presentations of the report and proposals on 
29 August, the Committee is directed to meet forthwith to 
consider them.] [p. 142. ^ 1.] 

[686.] Ibid. 

[The Council refer to the Committee or to any three or st- 

"• ■' Cliristopher. 

more of them the] Petition of Collonell Clement Eueritt, George 

27 



418 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666. 

Hill, George Perin, and William Sewster . . . Shewing 
That the Petitioners for severaU yeares past have Inhabited 
within his Majesties Island of St. Christophers, and carryed on 
a Considerable Trade to, and from that Island, vntill the 
taking thereof by the French, by whom they are dispoyled 
of their whole Estates to the value of fforty thousand pounds, 
their Familyes driven out of the Island, and left destitute of 
all releife ; And praying, that his Majestie would vouchsafe to 
Conferr vpon them some small Prize Shipp or ffrigott mounted 
with 30 Gunns, to carry about 40tie Men, with Tackle, Apparrell, 
and ffurniture fitt for a Man of Warr, and also Letters of 
Reprisall against the French, &c. [p. 144. | L] 

[687.] Whitehall, 21 September : 
Virginia. [The Council refer to the Judge of the Admiralty a dispute 

between the owners of the St. John Baptist, a Swedish ship 
of 500 tons, and John Reyer, who employed her for the 
owner's interest, when she had been brought to Bristol 
by a mutinous crew. It is alleged that] he hath made 3 severall 
Voyages to Virginia whereby the said Shipp hath deserved 
above 2500Z. ... [p. 165. ^ 2.] 

[688.] Whitehall, 31 October : 

Barbados. Thomas Middleton Esqr by his humble petition (this day 

read at the Board) setts forth. That Robert Greene, late of 
the Island of Barbado's deceased, by his last Will and 
Testament (amongst other things) gave to his Sonn James 
Greene One hundred acres of Land next adjoyning to a place 
called the Mount Plantation, in that Island, belonging to the 
Petitioner ; That the said Robert Greene, by his said last 
Will and Testament directed, that in case eyther of his two 
Sonns should depart this hfe before his wife Ehzabeth, then 
the remayning Estate should be to the Survivors, and their 
heyres for ever. That both the Sonns "being dead, the right 
of those 100 acres was Uested in the said Ehzabeth, being 
the longest hver of the Three. That the Petitioner bought 



1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 419 

of the said Elizabeth, Relict of the said Robert Greene, the 
Inheritance of the said One huadred acres : That one Edward 
Chamberlain Marryes the Rehct of George Greene, who left 
two Sonns ; And Chamberlain afterwards, in right of the 
Children left by George, Commenced a Suit at Common La we 
in the Barbado's against the Petitioner on the Childrens 
behaKe, and recovers the said Estate ; That at this Tryall, 
the said Chamberlain, who marryed the rehct of George 
Greene, and Guardian to his Children, being then a Member 
of the Court, and on the Bench, and his owne Brother, 
Foreman of the Jury, and the rest, Freinds and Creatures of 
their owne procureinge ; the Jury found for the Plaintiff 
Chamberlain ; many of which Jury (before Judgement) 
objected against (as is UsuaU and admitted beere) but could 
not be heard : this being the first precedent in that Country ; 
And the Sugar Canes thereon ready to breake was worth, 
at least, One thousand pounds The petitioner being aduised 
by his learned CounceU in this Land, that the said Ehzabeth, 
the Rehct of Robert Greene had a good Right and Title in 
Law to Convey the said Land to the Petitioner, and humbly 
Praying Releif therein ; [Lord Willoughby was directed to 
examine the matter], And to Certify unto this Board, with 
aU convenient speed, the true State thereof, together with 
the Lawes and Customs of that Plantation, in this and the 
like Cases. [p. 198. ^ 2.] 

[689.] Whitehall, 14 November : 

[The Farmers of the Customs are to hasten away all ships Plantation 

Trade 

outward bound and to take bond of the masters for their 
return by next spring :] to the end the Seamen and Mariners 
may be back against the next Spring for manning of his 
Majesties ffleetes .... such Ships as are bound to 
any of his Majesties Plantations to returne (Wind and 
Weather permitting) with their Complement of Seamen by 
the 20th of April next at furthest into some one Port of 
this Kingdoms." [p. 210. ^ 1.] 



420 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666. 



Virginia. 



Plantation 
Trade. 



[690.] Whitehall, 21 November : 

Vpon reading this day at the Boord the humble Petition 
of Robert Yate, Walter Tochnell, Wilham Merrick, Humphry 
Parry, Gabriel Deane, Giles Merrick, Robert Bodenham, 
Thomas EUis, John White, Wilham Downing, and Eliz : 
Ahses Merchants late Owners of the Ship Alexander of 
Bristoll, wherein they shew. That the said Ship was 
unfortunately taken by a Dutch Caper from amongst the 
rest of the Virginia ffleete about 60 Leagues to the West- 
ward of Ireland in such manner as by the Narratiue annexed 
thereunto is expressed, That had the rest of the ffleete 
endeavoured her Recovery according to the expresse Agree- 
ment of aU the Masters, she had not only been preserued, 
but in all probabihty the Caper secured, And forasmuch as 
by the long Resistance made by the said Ship the rest of 
the fHeete were secured from Danger, and also by her Losse, 
the Price of their Commodities so much advanced, as 
without prejudice to them they may contribute to the 
repayring the Petitioners Dammages, who otherwise wilbe 
thereby inevitably ruined, They therefore humbly implored 
his most sacred Majestic to consider their sad Condition 
occasioned by the Dissertion of the said Fleete contrary to 
Agreement, and that an Averidge may be set upon the 
said Fleete for their equall concernment 
[The petition was referred for examination 
Dr. Jenkins, Judge of the Admiralty.] 

On Dr. Jenkins' report on 12 December, 
the case is fixed for 11 January. 

On that date the case is referred back 



in the Losse. 

and report to 

[f. 215. II 2.] 

the hearing of 

If. 244.] 

to him as the 



other parties have not been heard by him. 



[f. 269.] 



[691.] Ibid. 

[A petition of several owners and commanders of ships 
against the order of 14 November] That being not allowed 
by the said Order any time for stay at the said Plant- 
ations either for loading or unloading their Ships they 



1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 421 

cannot returne within the time limitted, And that if any of 
their Seamen should dye or hide themselues, whereby the 
Master with all his Industry cannot find them to returne, the 
Bond is forfeited, And therefore they humbly prayed, That 
the Security for their Returne may be under the Condition 
following vizt. That if the said Ships or Vessells shall not 
stay in the Barbajios aforesaid aboue ffourty dayes to dis- 
charge and load, and shall (Wind and Weather permitting) 
and Restraint by the Kings Governors, and the Dangers of 
the Seas excepted) returne into some Port of England before 
the 20th of ApriU next, and that the said Master shall use 
aU lawfuU waies and meanes to bring back in the said Ship 
before the time aforesaid all the number of Mariners aboue 
exprest, that shall be hving, and not leaue any behind 
through his Default or Neglect, That then the ObHgation to 
be void. [The petition is granted and orders given accord- 
ingly.] [f. 216. '\ 1.] 

[692.] Whitehall, 7 December : 

[Despite the order of the Board of 6 AprU on the Royal Wost Indies. 
African Company's petition] Lord Willughby hath refused 
to Order the Judge of the Court of Common Pleas to 
dismisse or send home the Bayle Bonds which were given to 
the said Action by the Petitioners ff actors, which caused the 
Plaintiffs to threaten the said Factors, That they or their 
Heires shall suffer by them, and giue them Satisfaction. 
And therefore humbly praying, That a Second Order may be 
given to the Governor of the said Island, or the said Judge 
not to fayle forthwith to dismisse the said Baile, and to send 
the Bonds by the first Ship to this Boord. [The matter was 
referred to the Committee for examination and report.] 

[p. 231. Tl 1.] 

[693.] Whitehall, 12 December : 

[The Committee for Foreign Plantations to meet on the Committee 
15th and WiUiam Willoughby to attend. The Committee are Plantations. 
named : — Lords Chancellor, Treasurer, Privy Seal and 



422 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666-7. 

Chamberlain, Earl of Anglesey, Lords Holies, Ashley, and Arling- 
ton, Mr. Vice-Chamberlain, and Mr. Secy. Morice.] [p. 235. ^1.] 

[694.] Whitehall, 21 December : 

Barbados. Samuell ffarmer by his humble Petition to his Majestie 

this day read at the Board, Setts forth, That the Petitioner 
being sent Prisoner from Barbados, and being impatient in 
his attendance here (which he humbly acknowledgeth was 
just from his Majestie) and being wholy deprived of the best 
of Comforts this world affords (the enjoyment of his Wife and 
Children) it drove him imprudently at last on that course. 
Which he now heartily Repents him of, and humbly beggs 
leave to invoke heaven for his Witness, that in his late 
application to the Parhament he had no thoughts in the 
least of reflecting on his Majestie or his CounceU, but was 
onely carryed on, by an over eager pursuit, and desire of 
returning to his allmost ruined ffamily ; And therefore in the 
lowest humihty Imploring his RoyaU Majestie to lett his 
pitty and Compassion surmount his Justice, and vouchsafe 
to grant that the Petitioners former many and knowne 
sufferings for his Majesties sake, may plead in excuse of (though 
not justify) his fayhngs And that he may by his Majesties 
permission, and with his favour, have leave to wayte on the 
new Governor to Barbados (whose arrivaU there in that 
quahty, as it will much rejoyce the Petitioner so he doubts 
not but it will be very acceptable to the Inhabitants) and 
the Petitioners constant and vnwearyed endeavours there 
in his Majesties service, for the promoting of his Interest and 
concernes shall be vnfeignedly imployed, with cheerefuUness 
and vigour to the vttmost of his meane abiUty ; . . . . 
it is Referred to WiUiam Willoughby Esqr to do therein as 
he pleaseth, and if he shall thinke it fitt, he is hereby 
authorised to take the said Samuel ffarmer with him when 
he goeth to Barbados. [p. 245. f 1.] 

[695.] WhitehaU, 4 January : 
Virginia. Vpon a Representation of Francis Moryson (this day read 



1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 423 

at the Board) Setting forth how necessary it is for his Majesties 
service, and for the defence and security of his Majesties 
Subjects and Colony in Virginia, That twenty great Gunns, 
Culverin, Demi-Culverin and Saker, with Powder and Shott 
proportionable, and one hundred Horse Armes should be 
speedily sent thither [The petition was referred to the 
Commissioners of the Ordnance for consideration and report.] 

[Moryson also petitioned] That a Frigat may be appointed 
to Sayle from hence by the middst of February next, and to 
Ride in Chesepeake Bay to secure the Shipps Trading 
thither [This petition was referred to the Lord High 
Admu-al to do as he shall think fit.] [p. 254. ]}]{ 2 and 3.] 

[On 11 January the Lord High Admiral is authorised and 
desired to give orders for a frigate to sail for Chesapeake 
Bay by the date mentioned.] [p. 265. 1j 1.] 

[696.] Whitehall, 18 January : 

All parties having been heard, it [was ordered that] Francis Barbados. 
Cradock shall and may execute the Powers of his Office of 
Provost Marshall GeneraU of the Island of Barbado's according 
to his Patent during his Ufe ; And that the Governor of the said 
Island, may (if he finde it requisite) Constitute an Annuall 
Sheriffe to execute all such Powers belonging to that Office as are 
not within the Patent of the Provost Marshall Generall (the same 
Person not to be Sheriffe oftner then once within ffive yeares) 
And if the Inhabitants of the said Island finde themselves 
aggreived with any parts of the Provost Marshall GeneraUs 
Patent, as it is now executed, and shall desire to purchase 
Mr. Cradocks Patent, in order to vest it in the Sheriffe, That 
then the said Mr. Cradock do accept reasonable compen- 
sation for the same. [p. 276. ^ 2.] 

[697.] Whitehall, 23 January : 

A Letter to WiUiam Lord WiUoughby of Parham his West Indies. 
Majesties Captain Generall of the Caribbee Islands. [Recapitu- 
lating the letter of 19 April, 1665, with the additions of 



Barbados. 



New 
England. 



424 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667. 

18 May, 1666, to his brother Francis, who is in all probability 
cast away at sea.] [p- 281. Ust \] 

[On the same date, it is ordered that a clause be inserted 
in Lord Willoughby's instructions to obey all former orders 
sent to his brother the late Governor] except where they 
are contradictory one to the other. [p. 288. ^ 1.] 

[698.] Whitehall, 23 January : 

Vpon the Petition of Averina the Rehct of Robert Ban- 
natine in behaHe of herseKe, and Hillyard her Sonne an 
Infant, Shewing, That shee being lawfully possessed of a Plan- 
tation in the Island of Barbado's called Locust-haU, together 
with a Considerable Stock of Negroes, Cattle &c., therevpon to 
the value of twenty thousand pounds sterUng, in September 
1663, by Warrant of the Lord WiUoughby directed to the 
Deputy Marshall, with Souldiers Armed, was dispossessed, 
and his Lordshipp for the Consideration of two thousand 
ffower hundred pounds sterhng sould the same to one Py and 
his heires in ffee, granting the same vnder his Majesties Great 
Scale of that Island ; which the Petitioner pretends to be the 
proper Estate of her and her said Sonne Hillyard [The case 
was ordered to be heard at the Board on 29th January, 
Lord WiUoughby and others concerned attending]. 

[p. 287. H 2.] 

[On the 29th, the profits of the disputed plantation 
are ordered to be sequestered into some indifferent hands until 
a trial be had at law, for which the Court of Exchequer is 
to settle an issue and proceed to judgment between all parties 
pretending interest in the plantation.] [p. 297. ^ 3.] 

[699.] WhitehaU, 13 February : 

Sir WiUiam Warren . . . Setting forth, That although 
he hath hyred and bought vp all the longest Shipps that he 
could gett, fitt to fetch home from New England, for the 
Service of the Navy, the long Masts there provided ; Yet to 
prevent the vast Charge that his Majestic is at in lengthening 



1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 425 

those Masts that are brought too short, he wants One Shipp 
more for that Service ; And representing, that his Majestys 
Shipp the Mars, now at Portsmouth, is not onely a very fitt 
shipp of Length for that purpose, but also able, in this time of 
Warre to Carry Gunns for defence of her Self and the other 
Shipps that shall be on the same Service with her : Which 
said Shipp the Principal! Officers and Commissioners of his 
Majestys Navy are Ordered to Sell ; Whereupon he the said 
Sir WiUiam Warren humbly prayed that the said Shipp might 
be sould forthwith to him by Treaty and Appraisment and 
not to be exposed to Sale by the Candle ; [The petition is 
granted, and detailed orders are given for the sale to Sir W. 
Warren]. [p. 308. U 1.] 

[700.] Whitehall, 15 February : 

Upon the humble Petition of Edward BusheU, Rowland West Indies. 
Hill and John Hill Owners of the Shipp Batchelor, whereof 
WiUiam lies was late Commannder (subscribed by the said 
Owners) Showing, That their said Shipps being bound from 
this Port of London for his Majestys Island of Neuis in 
America, and touching at his Majestys Island of Barbado's 
in her Course thither, was Imprested into his Majestys Service 
by the Lord Willughby late Gouernour there, to serve in the 
expedition for St. Christofers : And was vnder Contract, at 
a certain Monethly freight, and the Shipp apprised and valued 
at a certain Summe payable by his Majestic here in England, 
or out of the Revenew of his Majestys Customs there, which 
were engaged for the Security and freight of the said Shipp. 
That the said Shipp, in the Company of his Majestys Shipp 
the Couentrye, did engage with two French Shipps of Warr, 
burnt the One, and tooke the other, and Landing their Men 
forced the Enemy out of their Fort, and tooke It, when 
suddenly a violent Hurricane arising the said Shipp Batchelor 
was cast away vpon the said Island, with the Petitioners Goods 
in her, intended for the releif of Neuis. And the Petitioners 
and their Factors haveing applyed themselues to the Deputy 
Gouernoiu- and Councell there for satisfaction for their said 



426 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667. 

Shipp and freight, according to Agreement, and vnto William 
Lord Willughby (lately appointed Gouernour of the Charybee 
Islands) their answer is. That it is oat of their power to make 
Satisfaction, without hia Majestys Order and direction ; And 
prajdng that they may haue reparation for their said Shipp, 
Freight and Losses, out of his Majestys Customs there 
according to Agreement ; [The petition is referred to the 
Lord High Treasurer and the Chancellor of the Exchequer, 
who are to confer with Lord Willoughby, and settle some 
means of satisfjdng the petitioners]. [p. 314. ^ 1.] 

[701.] Whitehall, 15 February: 

Baibados. The Owners and Commanders of the Shipps William and 

John, the Brazile Frigot, the Concord, and the Exchange of 
London . . . representing, That their said Shipps being 
at his Majestys Islands of Barbado's vpon Merchants Imploy- 
ments ; and haueing receiued on board them great Quantities 
of Sugar and other Goods to be delivered in this Port of 
London about the begining of September last, by Order of 
the Deputy Gouernour and Councell of that Island were taken 
vp ; and Imprested into his Majestys Service, and forced to 
vnload and Land again all their Goods to their great Charge, 
and wast and spoile of their Goods ; And afterwards were 
contracted with by Commissioners authorised by the Deputy 
Gouernour, and agreed to serve in those parts at a Monethly 
Freight, for two Moneths certain, and so many Moneths more 
as occasion should be ; And for payment whereof the said 
Deputy Gouernour did engage his Majestys Customs of that 
Island, in case his Majestie should not order Satisfaction in 
England, referring themselues to their Contracts : In which 
Service they contynued for some time, but were dismissed, 
and permitted to take in their ladeing again, and to retume 
for England ; [And having failed to obtain satisfaction from 
the Deputy Governor and Council or from Lord Willoughby, 
and seeking compensation either in Barbados or in England 
by an order to the new Governor ; Such an order to cause 



1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 427 

satisfaction and payment to be made from the customs revenue 
of Barbados is now issued to William, Lord Willoughby of 
Parham]. [p. 314. T| 2.] 

[702.] WhitehaU, 22 February : 

Benjamin Skutt and Joseph Skutt Owners of the Shipp Barbados. 
Allen of Poole, Captain Josias Thomas Commander Shewing, 
That the said Shipp, being vpon Merchants Trade at the Island 
of Barbado's, was hyred by the Lord Willughby of Parham . . 
to goe with him, as Rere-Admirall of the Fleet vnder his 
Commaund in the expedition for St. Christofers. That the 
Petitioners said Shipp escaped the Fury of that Storme in 
which (its feared) many of that Fleet perished, and with much 
difficulty recouered the Island of Neuis where, at the Peti- 
tioners last intelligence from thence, she was actually in his 
Majestys Service, vnder the Commaund of the Leiutenant 
Generall Henry WiUughby ; And had been severaU times 
engaged against the French with good success : [As Lord 
WiUoughby refuses satisfaction to the petitioners without his 
Majesty's order and direction, they petition for the hire of the 
ship and reparation in case of her loss. It is ordered that the 
petitioners be fuUy satisfied out of the customs of Barbados 
according to the agreement between the late Governor and 
the Captain of the ship]. [p. 3l7. 1j 3.] 

[703.] WhitehaU, 1 March : 

[On Lord Ashley's report the Governor of Barbados is ordered West indies, 
to give satisfaction to the owners of the ship Bachelor, impressed 
for service against St. Christopher and lost in a hurricane.] 

[A marginal note reads : — ] It was declared in Council! 
the 10th of AprUl, 1668, that the graunting Satisfaction for 
Ships cast away by Tempest or by Hurricane is irregular 
and not to be drawne into Precedent. [p. 325. ^ 2.] 

[704.] WhitehaU, 13 March : 

[Sir George Carteret, Treasurer of the Navy, is directed to West Indies, 
cause 66Z. 19s., expended by Lord WiUoughby of Parham 



428 ACTS OF THE PRIVY COUNCIL (COLONIAL). [l667. 

in brandy and vinegar for the use of the soldiers in the fleet 
now bound for Barbados,] to be paid to the said Lord 
Willughby of Parham, out of the Monies Ordered by Privy 
Seale to Sir Tobias Bridge for the charges of a Regiment of 
fEoote raised for his Majesties Service in the said Islands, if 
there shalbe so much thereof remayning in his hands, If not, 
That the Principall Officers and Commissioners of his 
Majestys Navy do, and they are hereby required forthwith 
to signe BiUs to the Treasurer of the Navy for payment of 
the said summe out of such other Monies as are remayning 
in his Custody, and to allow the same upon his Account 
accordingly. [p. 333. ^ 2.] 

[705.] Whitehall, 20 March : 
Navigation [A letter to the Duke of Ormond orders] That all Restraints 

Act 

upon the Exportation of Commodities of the Growth or 
Manufacture of Ireland to fforraine parts be taken off, 
And [requires him] by Advice of Our Privy Councill there 
to pubUsh such a Proclamation declaring Our Royali Pleasure 
therein, and with such Clauses as may best manifest Our 
Intentions for the preservation and prosperity of that 
Our Kingdome and People ; Taking Care, that nothing be 
done herein for Trade to or with Our fforraine Plantations 
further or otherwise then the Laws aUow. . . [p. 343.] 

[706.] Whitehall, 26 April : 

Barbados. [On the petition of the owners of the Robert of Bristol for 

compensation for guns and ammunition to the value of 
76/. 95. 6d. taken from the vessel for his Majesty's service 
at Barbados, for which redress cannot be had without 
his Majesty's order, satisfaction is ordered to be made to 
the petitioners on their convincing the Commissioners and 
Officers of the Ordnance of the truth of their allegations.] 

[p. 395. f 2.] 

[A like petition is presented by Lawrence Deane for five 

guns and furniture equal to those impressed from the Sermnna 

of Galway at Barbados, and for compensation for six months' 



1667.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 429 

detention of the ship there for his Majesty's service. When 
outward bound, the Servanna successfully defended herself 
from a French caper of 14 guns, though losing the master and 
one of the crew ; but, for want of the guns, insurance on ship 
and lading had to be effected for the homeward voyage. On his 
satisfying the Commissioners and officers of the Ordnance 
redress will be made.] [p. 396. ]| 2.] 

[On 24 May, the Coimcil refer to the Commissioners and 
Officers of the Ordnance a petition of WiUiam Webber mariner, 
for himself and other merchants of London, for satisfaction 
for guns, ammunition and materials to the value of 
115Z. 17s. 6d. taken at Barbados in July last by Lord Willoughby 
of Parham for his Majesty's service from the ship John and 
Mary of London.] [p. 431. ^ 3.] 

[707.] Whitehall, 26 April : 

Sir WilKam Peake Knight Citizen and Alderman of London . . New 
Representing, That the Petitioner for many yeares past hath ' " 
Traded into New-England, and vended there great quantityes 
of Enghsh Cloath, and other Manufactures and Commodityes 
of this Nation, and being advertised by his Agents, that there 
is a great want of Gunnpowder, aswell for the defence of that 
Plantation, as for kilUng their necessary Provisions, which by 
experience is found to be more advantagious with Gunns then 
by the Bow, as formerly hath been vsed ; And the Petitioner 
having a Considerable ifreight of Goods ready to be sent 
thither. Praying Lycence to transport ffifty Barrells of 
Gunn-Powder for the present vse and benefitt of the said 
Plantation : [Ucence was granted]. [p. 397. ^ 3.] 

[708.] Whitehall, 8 May : 

[Monsieur Gravier's memorial for the release of French West Indies 
prisoners having been read, he is required to wait on] the Lord 
Arhngton, PrincipaU Secretary of State, who is hereby 
authorised to Complement him with the release of the 
Prisoners who came from Barbados. [p. 412. ^ 1.] 

[C.S.P. II. 1478.] 



430 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667. 



Plantation 
Trade. 



Tobacco. 



Navigation 
Acts. 



Tobacco. 



[709.] Whitehall, 8 May : 

[The Order of 14- November ^ 1666] is vacated, and the 
Officers and ffarmers of his Majesties Customs are required 
to give directions to their Officers and Ministers, that from 
hence forward they forbeare to take security of any Masters 
of Shipps tradeing out of any of his Majesties Ports of this 
Kingdome who shall have authenticall Passes from his said 
RoyaU Highness to Trade to any of his Majesties Plantations, 
or other fforraigne parts, but permitt them freely to proceed 
on their respective voyages and Imployments the said Order 
of the 14th of November, or any other to the contrary 
notwithstanding. [p. 412. f 2.] 

[710.] Whitehall, 24 July : 

[Letters to the Sheriffs and Justices of the Peace of 
Gloucester, Worcester, Hereford, Monmouth, York and Essex, 
ordering them to destroy tobacco growing or grown, and] to 
returne an Account in writing to this Boord of the names of 
all such Persons in whose Grounds they shall find the said 
Tobacco to be planted or sowne, or in whose Houses the same 
is kept to be cured or saued, together with the quantity of 
Ground so employed, and Tobacco cured, to the end the 
Offenders may be proceeded against by such Exemplary 
Punishment as their Offences shall deserue. [p. 507. ^ 1.] 

[711.] Whitehall, 9 August : 

[Whereas his Majesty did by an order of the Board of 
22 March 1665 dispense for the time with certain clauses of 
the Acts of Navigation,* and also promise to give at least 
six months' notice before they again came into force, the 
Attorney General is ordered to draft a proclamation revoking 
the said order.] [P- 524. 1| 1.] 

[712.] Whitehall, 14 August : 

[The order lately issued for the destruction of Enghsh 
tobacco having been sent by Job Dowle, from Mr. Isaac 



* See entry under 6 March 1665. [649.] 



1667] ACTS OP THE PRIVY COUNCIL (COLONIAL). 431 

Morgan, was] delivered to Mr. Gorge and John Chamberlayne 
Esqr Justices of Peace of the said County [Gloucester], who 
delayed and made difficulty to obey the said Order. [They 
are therefore ordered to attend the Board on 28 August 
to explain their conduct.] [p. 527. ^1.] 

[On 30 August Chamberlayne's case is postponed to 13 
September. [p. 552. ^j 1.] 

On 6 September on his submitting a written explanation 
it is postponed indefinitely.] [p. 563. ]| 2.] 

[713.] Whitehall, 14 August: 

[The SheriflE and Justices of the Peace of Gloucester having Tobacco, 
been very neghgent in performance of their duty in destroying 
English tobacco, Mr. SoMcitor General is ordered to consider 
by what due and warrantable means and expedients its 
growth, buying and seUing may be restricted, and to prepare 
a proclamation accordingly.] [p. 528. ^ 1.] 

[All Sheriffs, Deputy Lieutenants and all other his 
Majesty's officers and subjects are ordered to assist the 
commander of the troops which have been sent to destroy 
Enghsh-grown tobacco.] [p. 528. ^ 2.] 

[The Sheriff of Gloucester having been very neghgent in 
executing the orders sent him, is required], all Excuses sett 
apart, to be personaly assisting to the commander of the 
said troopes, with such part of the Posse Commitatus as shall 
be found necessary. [p. 528. ^ 3.] 

[The Judges of Assize of Gloucester are again ordered to charge 
the Grand Jury with the execution of the statute against 
Enghsh tobacco and of the Navigation Act.] [p. 529. T| 1.] 

[714.] WhitehaU, 16 August : 

Phihpp Robinson of Much Maplested in the County of Tobacco. 
Esex [having] Planted Tobacco in that Toune . 
and .... the Constable of Maplested aforesaid 
[having] neglected his Duty in causeing the said Tobacco to 
be destroyed, [they are therefore ordered to attend the 
Board on 23 August]. [p. 530. ^ 3.] 



432 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1667. 

[On 23 August, Robinson, pleading ignorance of the Act 
against planting tobacco in England, is discharged on con- 
dition of giving to the Farmers of the Customs 500L security 
to cause the said tobacco to be totally destroyed within one 
week [p. 539]. On 4 September, the Farmers of the Customs 
being fully satisfied that the tobacco was totally destroyed, 
they are ordered to dehver up to him his bond, and he is 
discharged from further attendance, [p. 561.] On 6 September 
the Farmers who had wished to keep the bond for his 
future good behaviour and had put in a claim for their 
charges, are ordered to return the Bond at once,] admonishing 
him from henceforth not to Plant, or suffer any Tobacco 
to be Planted on his Land at his Uttmost perill. [p. 563. ^ 1.] 
[On 15 November, he petitions that the Farmers stiU detain 
his bond and are bringing an action against him for the 
forfeitures mentioned in the Act of Parhament. The matter 
is referred to the Commissioners of the Treasury.] 

[VII. p. 58. 11 3.] 
[715.] Whitehall, 16 August : 

Tobacco. [A warrant to Sergeant Harsenet. John Vaughan, Esqr. 

High Sheriff of Hereford having slighted and refused to 
receive the order of the Board tendered him by Clement Dowle, 
is to be taken into custody and brought before the Board.] 

[p. 532. 1j 2.] 

[On 28 August the Sheriff appears before the Board 
[p. 547 If 1.]. On 30 August he again appears and is 
discharged from custody on promising to conform for the 
future.] [p. 550. H 2.] 

[716.] Whitehall, 28 August : 
Newfound- Whereas sundry Petitions were this day presented and 
'*"'*■ read at the Board (his Majestic present in Councill) Subscribed 

by many Merchants, Owners of Shipps, and other Inhabitants 
of the Townes of Totnes, Plymouth, Dartmouth, and Places 
adjacent in the Westerne parts of England, Tradeing to 
Newfound-Land, Representing, That the carrying on of that 



1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 433 

vsefuU ffishing Trade tends greatly to the Increase of Mariners 
and Shipping, and augmentation of his Majesties Customs ; 
Yet severall Persons vnder specious pretences of Regulating 
that Trade, but intending ther owne sinister ends, have 
endeavoured to estabhsh a Governour, which hath heretofore 
proved very pernitious to the said Trade , And the Petitioners 
being Informed that the hke endeavours are now setting on 
ffoote without their Consent or knowledge ; And that the 
Petitioners sufferings and losses of late have been very 
great, they are disabled to attend, and beare the Charges of 
SoUicitation, and sending Witnesses at so great a distance 
to evidence the many Inconveniencies they have already 
Laboured vnder, and the impossibility that any advantage 
should accrew to his Majestie, or any Improvement to the 
ffishing Trade by such an Vseless and insupportable Charge 
of a Governour there ; And Praying his Majestie would be 
gratiously pleased to Impower such Persons of the County 
of Devon as his Majestie should thinke fitt, to heare and 
examine the whole matter, and make Report vnto his 
Majestie and this Board ... Sir Edward Seymour, 
Sir John Northcott, Sir Wilham Courtnay, Sir Thomas Carew, 
and Sir Walter Yong Baronetts John Fowell, Thomas Reynell, 
Richard Cabell, Thomas Boone, John Hale, and Gilbert 
Eveleigh Esqrs . . . are Constituted and appointed by 
this Board to Examine Matters of ffact concerning the Mis- 
carriages of former Governours of New-found-Land to the 
dammage of the Trade of that Place. [These, or any four 
of them, being Justices of the Peace are empowered to take 
depositions on oath, whch are to be forwarded under their 
seals to the Board, to which the petitioners are also to 
transmit reasons in support of their allegations that order 
may be given for the good of the trade.] [p. 547. ^ 3.] 

[C.S.P. II. 1561. IT.] 

[717.] Whitehall, 30 August : 

[The Committee, to which Sir William Coventry and Committee 

for Foreign 

Sir John Buncombe are added, is directed to meet] to Morrow Plantations. 



Sir John 
Harman's 



434 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667. 

Morning . . to advise and Consider what may be fitt 
to propose to his Majestie about the rendition of Places in 
America, with their Opinion what their Lordshipps shall 
conceive necessary for his Majestie to doe therein, and what 
Orders and Dispatches shall be thought fitt to be sent to the 
Plantations in those parts, and to whom they shall be 
directed. [p. 551. ^ 2 and p. 554. ^ I.J 

[718.] WhitehaU, 11 September : 

[The Duke of York is ordered to] send speedy Order to 
fleet. Sir John Harman, That he be permitted to receive Merchants 

Goods, the ffreight thereof to be for the Kings Accompt into 
those 12 or 13 vessells vnder his Command in America, 
assuring the Captaines of the said severall Shipps that they 
shall have a third part of the profit thereof ; Provided that 
no Goods be stowed between Decks, nor the Shipps hereby 
rendred vnfitt for service, nor that they delay their voyage 
home in expectation of ffreight, least thereby the expence of 
Victualls and Wages exceed the profitt to his Majestie, and 
further, what Prizes he hath taken which were outward bound 
that he make sale of them there, but those that were home- 
wards bound that he bring them with him to be sold here. 

[p. 568. T[ 2.] 

[C.S.P. IT. 1573.] 

[719.] 'Whitehall, 23 September : 

Navigation [The Attorney General is ordered to prepare a draught of a 

proclamation revoking the Order of 25 Oct. 1665 for importing 

and exporting goods in foreign bottoms and all other orders 

issued during the late war not in accordance with the 

Acts of Navigation.] [p- 594. ^ 2.] 

[720.] Whitehall, 23 September : 
Councils of [The Committee are directed to consider] the Commission 

Trade and of . 

riantations. and Instructions directed to the Councill of Trade, as also the 
reviving the said Comission of Trade, and Addition of some 
others vnto them, and the vniting of the Councill of Plan- 



1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 435 

tations with the other ; And that their Lordshipps do meete 
about this Business on Wednesday next in the afternoone, To 
which purpose George Duke Esqr Secretary to the CounciU 
of Trade, and Sir Philip Froud Secretary to the Commis- 
sioners for fiforraine Plantations are required then to give their 
attendance, and to bring with them all such Commissions, 
Instructions and Papers as may best Informe their Lordshipps 
in their Proceedings. [p. 594. ^ 3.] 

[721.] Whitehall, 23 September : 

FThe Lord High Admiral is desired to orderl Sir John Sir John 
° _ Harman s 

Harman to leave fifoure or ffive of his Majesties Shipps of fleet. 

Warr vnder his Command, and that the rest be sent home for 

England, and that three Moneths Victualls be sent for those 

Shipps which he shall retayue ; with especiall direction to the 

Victualler of his Majesties Navy to take great Care to provide 

good and wholesome Victualls for the Shipps aforesaid 

[p. 594. Tl 4.] 

On 30 October it is ordered that the 4 or 5 ships to 

remain in American waters are to follow directions given by 

Lord WiUoughby of Parham. [VII. p. 39. ^ 1.] 

[722.] Whitehall, 27 September : 

Vpon reading the humble Petition of Thomas Mountfort, Plantation 
and Edward Richardson Merchants, Setting forth. That on 
the 28th of January last the Petitioners did agree with 
Lancelot Anderson of Hull Mariner for the Shipp the Adventure 
of Hull to Sayle from Kinsale to Mary Land, there to take 
in Tobacco, and returne via recta to Ireland, and there dis- 
charge and dehver her Lading ; That in her returne with the 
Virginia ffleet to the Lands-end, shee was Chaced by a Dutch 
man of Warr above Londy, and forced into King-roade neare 
BristoU for safe guard, where the said Shipp and Goods are 
detayned by Order of the ffarmers of his Majesties Customes, 
vnder pretence, that the said Shipp had not brought Cer- 
tificate from the Governour of Mary Land of her entring into 
bond there for Clearing, Landing, and Dischargeing her said 



436 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1666-7. 

Ladeing of Tobacco in some of his Majesties Dominions, and 
vpon other Causes in the said Petition specifyed. [A copy 
of the petition is directed to be sent to the Farmers of the 
Customs who are required speedily to return to the Board 
their answer thereto.] [p. 606. *[| 2.] 

Ship Passes. [723.] 

[].] Whitehall, 16 May, 1666: 

[License to John Martin and company, merchants of Ply- 
mouth, to transport from Galway to Barbados in the St. Peter 
of Plymouth, (30 men and 16 guns), 2000 barrels of beef, 
which have lain a long time and will be impaired and 
utterly perish if not speedily despatched.] [p. 17. ^ I.] 



Barbados. 



Barbados. 



Barbados. 



Surinam. 



[2.] Whitehall, 18 May : 

[On the petition of Wilham Orchard and company, mer- 
chants of Poole, a pass is granted for the Diligence of Poole, 
Thomas Younge master with 10 Enghsh mariners, to go to 
Barbados for the petitioner's effects which are in a perishing 
condition there, and cannot otherwise be brought to Poole.] 

[p. 25. t 2.] 

[3.] Whitehall, 25 May : 

[The Lord High Admiral to grant a pass for the Prosperous 
of Sunderland, 100 tons, John Cullen master with 10 English 
mariners, to go to Barbados in the interest of John Lettene 
and company of Sunderland.] [p. 41. ^ 1.] 

[4.] Whitehall, 30 May : 

[Similar license for the Providence of Southampton, 80 
tons, with 9 Enghsh mariners, to go to the plantations in the 
interest of Matthew Reeves and company.] [p. 43. ^ 2,] 

[5.] Whitehall, 28 November : 

[Robert Shorten mariner and George Keck merchant peti- 
tioning for permission for the pink Partnership of 70 tons with 
8 men and a boy to sail with goods to Surinam, and tp h^ve 



1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 437 

twenty days more allowed them despite the Order for giving 
bond to return by 20th April, which would disable them 
from proceeding as the inhabitants there hve at great 
distances and could not lade their goods in time, their desire 
is granted in view of the urgent necessities of the plantation 
and the small number of the crew.] [p. 220. ^ 2.] 

[6.] WhitehaU, 5 December : 

[On the petition of Gawen Corbin and company, showing Virginia. 
that they built the Virginia Berkeley of about 80 tons in Vir- 
ginia], and sent her over hither on purpose to haue her made 
fitter for Service, and to returne thither againe Avith Com- 
modities and Necessarys for building and beautifying a Church 
there, which are accordingly provided by the Petitioners, 
But finding, that by Order of this Boord, no Ship can go 
forth without a Passe, and entring into Bond to returne againe 
by a certaine time therein prefixed, And forasmuch as the said 
Ship is to remaine in Virginia from whence shee came, and her 
master and Saylers are of that Country and fitted for that 
Service, the Petitioners humbly prayed a Passe for the said 
Ship John Watson Master and Ten Mariners for Virginia, and 
that they may be freed from entring into Bond. [The Petition 
is granted on their convincing the Farmers of the Customs 
of the truth of its contents.] [p. 229. ^ 1.] 

[7.] WhitehaU, 7 December : 

[On the petition of Matthew Page, planter in Virginia, a Virginia, 
pass is granted for the Pelican of Virginia, 45 tons with 5 
mariners, to sail to Virginia with wearing apparel and other 
goods.] [p. 233. 1[ 4.] 

[8.] Ibid. 

[License is granted to WilHam Wood and other London Barbados. 
merchants interested in some plantations in Barbados to 
transport thither in their ship Rebecca ten geldings of the 
value of 11. or Si. each, for making sugar.] {p. 235. ^ 3.] 



4S8 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666-7. 

[9.] Whitehall, 21 December : 

Newfound- [License is granted to William Bruen merchant of Exeter 

land. ^Q ggj^jj ^.jjg Reformation, WiUiam Toyer master with 8 men 

and a boy, to Newfoundland for a considerable quantity of 

fish which he has there.] [p. 243. ^ 1.1 

[10.] Whitehall, 4 January, 1667 : 
Newfound- Ambrose Mudd of Dartmouth Merchant, by his humble 
Petition setts forth, That upon Lycence obtayned, he the last 
yeare Laded for Newfound-Land, the Shipp Vnity of Dart- 
mouth, Mark Bickford Master with thirty men with necessary 
Provisions for that place, and with Orders and Instructions 
to fortify the Harbour of St. Jones in the best manner he could 
for their owne, and the Inhabitants safety ; And also to 
build three Forts, and an House to such ffort at St. Jones 
aforesaid, and to furnish them with severall Peices of Ord- 
nance and Ammunition for their better security ; All which 
was performed at the sole Charge of the Petitioner That the 
Petitioner hath a great Quantity of Tra3aie-0yle, Fish, and 
Salt remayning at St. Jones, and the said Place, the fforts, 
and Inhabitants there, without additionall meanes of better 
ffortification, subsistence, and releife of the said Inhabitants 
lye open to great dangers and extremityes. And praying 
Lycence for the Shipp Vnity (Mark Bickford Master) with 
ffourteen Men and a Boy to proceed in their intended Voyage 
to Newfound Land, to carry Provisions, and other necessaryes 
for releife of his Majesties Subjects at St. Jones, and to take 
and carry away about six Peice of Ordnance which lys at 
fferry-Land vnmounted, vnto St. Jones aforesaid ; And that 
some such proportion of Ammunition, and ffire-locks for better 
fortification of that place, may be transported thither as shall 
be thought fitt. [The petition is referred to the Duke of 
Albemarle and Sir Thomas Chfford, who are desired and 
authorised to send for Sir John Colleton Knight and to hear 
all persons interested in the business, and to report to the 
Board.] [p. 257. last IJ.] 



1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 439 

[On 16 January a pass is granted in accordance with their 
report, security being given to return by the end of May.] 

[p. 266. ^ 1.] 

[11.] Whitehall, 11 January: 

[On a memorial from Lord Willoughby of Parham, a pass- Barbados, 
port is ordered for three advice boats with a master, seven 
men and a boy in each, to sail to Barbados. Merchant ships 
in the River and in the Downs bound for Barbados are not 
to sail without the appointed convoy, the East India Merchant.] 

[p. .268. II 2.] 

[12. J Whitehall, 25 January : 

[The Royal African Company representing that they] have Barbados, 
great quantityes of Sugars lying at Barbado's perishing for 
want of Caske to fetch them home, to their exceeding great 
losse and dammage, and having a small parcell of Pipestaves 
for that purpose (not exceeding seven thousand flfive hundred) 
now ready to be sent aboard a Shipp (Ijang in the Downes) 
that should carry them to the said Island, and onely waytes 
for an opportunity of a faire winde, which cannot be Cleared 
in the Custome-house by reason of an Order of this Board 
Prohibiting the Exportation of that Commodity, and Praying 
Lycence to Transport the same. [Their Petition was granted.] 

[p. 289.] 

[13.] Ibid. 

Samuell Scarlett . . . with his Shipp the Adventure jje.;^ 
being Imployed by the Governor and Coloney of Plymouth England. 
in New-England hither to fetch Ammunition, for the necessary 
supply, defence and safety of that Plantation, having Letters 
directed to his Majestie in that behalfe, but the same, together 
with his said Shipp being cast away by distresse of Weather, 
he saved his hfe by swimming ; And Prajdng Lycence to buy 
Ammunition, and Protection for a Vessell to Transport it 
to New-England . . . he is hereby Lycenced and per- 
mitted to buy thirty BarreUs of Powder with BuUett and 
Shott proportionable, and one Tunn of Match, [and granted 



Nevis. 



Canlina. 



Surinam. 



New York. 



440 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667- 

a passport and protection for a ship of 50 to 100 tons to 
carry these stores to Plymouth in New England]. [p. 292.] 

[14.] Whitehall, 15 February : 

[John Knights and Shershaw Gary, merchants of Bristol, 
representing the distress of the island of Nevis for want of 
provisions and clothing, and offering to furnish the inhabitants, 
having the pink John of Bristol ready laden for that place, 
" if the Island contynue under his Majestys Gouernment, and 
not so straitly besieged that they cannot gett to It," the 
Lord High. Admiral is authorised to grant a pass for the 
vessel, Robert Hauskins master and six seamen.] 

[p. 313. If 3.] 

[15.] Whitehall, 22 February : 

[License to Captain Anthony Langston to go with the ship 
Elizabeth and 25 mariners to Carohna to fetch cypress masts 
for his Majesty's service.] [p. 318. ^ 2.] 

[16.] Whitehall, 27 March : 

[On the petition of Robert Fen, commander of the 
Catherine on behaK of himself and the owners, representing] 
That out of a Respect as weU to His Majestys Service, as their 
Relations in the Plantation of Surinam, they are willing to 
set forth the abouementioned Ship, Burthen 150 Tons with 
14 Guns and therein to transport thither upon their owne 
Account 20 Barrells of Powder, 300 ffirelocks. Clothing for 
500 Men, with good store of other necessary Provisions 
which by the reason of the Warr, and obstruction of Com- 
merce and Trade, the Inhabitants there stand in great need 
of, to their great Discomfort, and extreame Hazard of their 
Estates and Liues, the last Ship that was set forth for their 
Supply being taken by the Dutch, [hcense was granted for 
the Catherine to sail with twenty men]. [p. 354. % 2.] 

[17.] WhitehaU, 12 April: 

Upon the Motion of the right honourable the Lord Berkeley, 
[there is granted] a Pass-port and Protection for the Shipp 



1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 441 

Philipp of London, Henry Creyk Master, navigated with Ten 
men and a Boye, freely to passe to New Yorke, near the 
Long Island [p. 367. ^ 2.] 

[18.] WhitehaU, 26 April : 

[A pass for the flyboat Bobert of Bristol, 250 tons, Edmund Barbados. 
Ditty master with 16 seamen, to carry provisions and servants 
to Barbados.] [p. 398. f 1.] 

[19.] Whitehall, 10 May : 

[A protection granted to twenty or thirty mariners to bring Xew 
to London from Plymouth the Benjamin, 300 tons, Benjamin "^ ^ ' 
Guilham master, which has just arrived from New England 
in a leaky condition and had all her men impressed in his 
Majesty's service.] [p. 414. ^1.] 

[20.] WhitehaU, 17 May : 

[Protection for the Elizabeth and Mary of Topsham, 40 tons, Newfound- 

land. 

Giles Browne master with 8 men, prepared for the Newfound- 
land fishing trade by William Vincent of Exeter.] 

[p. 422. II 1.] 

[21.] WhitehaU, 31 May : 

[Protection for the Good Hope of London, 100 tons, Phihp ^^w 
Dedandilo master with 10 mariners, to proceed to New Newfound- 
England, Newfoundland, and Spain successively and to 
return to England.] [p. 433. ^ 1.] 

[22.] WhitehaU, 12 July : 

[The owners of the ship Royal Exchange having represented New 
that the vessel after proceeding as far as the Downs in her ^ 
voyage to New England was forced to come back to Black- 
wall for safety, where the Commissioners of the Navy took 
her for a man of war and ordered her to be ready for his 
Majesty's service by Thursday next, and having prayed for 
discharge of the vessel on the ground that] there is great 
Hopes of a Peace, and so his Majestic may very suddenly have 



442 ACTS OP THE PRIVY COUNCIL (COLONIAL). [l667. 

no Occasion for her, and there being on board 150 Tonns of 
rich Goods, which to unlade wilbe great Cost and Dammage 
to the Petitioners, [order is given for the immediate restoration 
of the ship with her tackle and furniture.] [p. 494. ]f 2.] 



CHARLES II. VOLUME VII. (2 Oct. 1667-28 Aug. 1668.) 

[724.] Whitehall, 2 October : 

Sir John [In accordance with the order of 23 September to Sir 

?eet™^"^ John Harman, the Duke of York is ordered to] Issue 
Warrant for such a Proportion of Victualls to be pro- 
vided, and sent for the whole Squadron of Shipps vnder 
Command of the said Sir John Harman, as may be sufficient 
to bring home, such as are forthwith to come home, and 
leave a fitting proportion for the rest. And if any of the said 
Shipps be come away before the said Victualls shall arrive 
at the Barbado's ; That then the Lord Willoughby Governour 
of the said Island, do take Care that the said Victualls be 
disposed of to his Majesties best Advantage. [p. 2. ^ 1.] 

[725.] Ibid. 
Committee It was this day Ordered by his Majestie in Councill, That 
EngYan'd. the Right Honourable the Lords of his Majesties most 
Honourable Privy Councill, formerly appoynted a Committee 
for the Affayres of New England do Meet in the Councill 
Chamber on Friday next the 4th instant afternoone, And 
so from time to time if occation require, to make a Re-view 
of what hath been done concerning that Plantation. 

[p. 2. f 3.] 

[726.] Ibid. 

Leeward [The Council refer to the Committee for examination and 

report the] Petition of the Merchants and Planters (in or 

neare the City of London) Tradeing to the Leeward Islands 

in the West Indies . . acknowledging his Majestys 



1667.] ACTS 0^ THE PRIVY COUNCIL (COLONIAL). 443 

Princely Care for the Re-settlement and Protection of the 
Inhabitans there, And of the Planters and Merchants 
tradeing thither, And humbly Offering severall Proposalls 
as Motives induceing their Duty and Service to his 
Majestie, and to the pubhque Concernes of those Plantations. 

[p. 4. II 1.] 

[727.] Whitehall, 4 October : 

[Concerning the ship Adventure of Hull (c/. 722)], Forasmuch Plantation 
as the Petitioners haue Informed this Board that the Farmers 
haue Appraysed the said Shipp and Goods, brought her from 
King-road into Hunger-roade and there landed a great part 
of the Tobacco, and are now dischargeing her whole Ladeing 
in BristoU, It was this day Ordered (his Majestie present in 
Councill) [that the matter be discussed on 7 October, when 
the Farmers of the Customs are required to attend.] 

[p. 5. Tl 2.] 
[On the 7th it is ordered that Mountford and Richardson 
have a copy of the answer returned by the Farmers of the 
Customs and that both parties attend the Board for further 
consideration of the business on Wednesday next the 9th 
instant at 9 in the morning.] [p. 9. ^j 2.] 

[728.] Whitehall, 9 October : 

[On information from the officers of the Navy that the masters sir John 
of several ships bound for Barbados can find storage for fleet™^"^ * 
the victuals ordered for Sir John Harman's fleet now in 
America but will only do so on payment of ready money for the 
freight, amounting to at least llOOZ. for upwards of 500 tons 
of provisions ; and that if this opportunity be lost the charge 
of sending in any other way will be above lOOOZ. more besides 
the inconvenience of a great delay : the Treasurer of the 
Navy is directed to pay llOOL or any less sum which shall 
be found requisite and to reimburse himseK out of the 
product of his Majesty's ships which are ordered to be sold.] 

Ip. 13. H 1.] 



444 ACTS OF THE PRIVY COUNCIL (COLONIAL). [l667. 

[729.] Whitehall, 16 October : 
Virginia. A Representation from the Governour and Councill of the 

CoUony of Virginia, . . Reflecting upon some pretended 
diferences between them and the Lord Baltemore, Lord, and 
Proprietary of Maryland, [is ordered to be delivered to Lord 
Baltimore ; both parties are to be heard at the Board on 
Friday the 25th of October.] [p. 23. ^ 2.] 

[730.] Whitehall, 23 October : 

New York. The Petition of Peter Stuyuesant late Governour of the 
City and Fort called Amsterdam and Generall of the New 
Netherlands, for and on the behaKe of himseKe and the Dutch 
Nation (now his Majesties Subjects in New Yorke) being this 
day read at the Board, Shewing, That the Petitioner after 
a Solemne Treaty upon Articles, Dated the 29th of August 
1664, Did Surrender the Towne and Fort called Amsterdam, 
into the hands of ColloneU Richard NichoUs, and did there- 
upon acknowledg aU due Obedience Sweare Faith and true 
Allegiance to his Majestic, That by the Sixt Artickle it was 
Consented to, That any people may come from the Nether- 
lands, and Plant in that Country, and that Dutch Vessells 
may freely come thither, and any of the Dutch may freely 
returne home, or send any Merchandize home in Vessells of 
their owne Countrye, And Praying that a free Trade may 
accordingly be allowed, Vpon Serious Consideration of the 
present necessity of Trade and Commerce to be supported 
and Encouraged in those parts, for the Common benefitt, 
which cannot, at this time be supplyed from hence, and the 
Dutch Inhabitants in New Yorke being now become his 
Majesties Subjects (as aforesaid) It was this day Ordered 
(his Majestie present in Councill) That a Temporary per- 
mission for Seaven Years, with Three Shipps only be given, 
and hereby is Granted, vnto the Dutch, freely to Trade, with 
the Inhabitants of the lands lately reduced from the Dutch 
into the Obedience of his Majestie, And that hereafter no Passe 
Lycence or permission, be at any time given to any greater 



1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 445 

Number of Shipps to Trade as aforesaid ; And hereof as 
well his Majestys Governors in those parts, as aU other 
Officers and Persons Concerned, are required to take notice, 
and yeild due Obedience accordingly. [p. 29. ^1.] 

[C.S.P. II. 1603.] 
[731.] Whitehall, 23 October : 

The Duke of Yorke . . is authorised, to Graunt his Passe New York. 
and Lycence vnto Heere Peter Stuyuesant late GeneraU of 
the New Netherlands, to returne to the place formerly called 
the New Netherlands, and now called New Yorke, pursuant 
to the Passport he had and received from CoUonell Nicholls, 
for his Safe goeing for Holland, and returne into these 
parts. [p. 30. ^ 1.] 

[732.] Whitehall, 25 October : 

Vpon reading the Petition of Nathaniell Newgate alias West Indies. 
Newdigate of London Merchant, Shewing that he hath been 
a very great Sufferer by the Losse of St. Christophers and 
the Adjacent Island.s in the West Indies, to the value of Three 
Thousand pounds and Upwards, in personall Estate, And 
haveing bought a Shipp and fitted her for a Voyage to Nevis, 
and the Islands aforesaid, And humbly Praying Lycence to 
Transport Threscore and Tenn Horses, Mares, and Geldings, 
to his Majestys Plantations in the West Indies, pajnng the 
Usuall Custome ; [permission is given him to export seventy 
geldings]. [p. 34. Tj i.] 

[On 13 December, Newdigate is further allowed to export 
to the West Indies 150 stone horses, geldings, and nags, 
but no mares.] [p. 93 ^ 2.] 

[733.] Ibid. 

[According to the Order of this Board of the 25th instant, Virginia, 
the Council consider a representation from the Governor 
and Council of Virginia with Lord Baltimore's answer thereto.] 
The said Governor and Councell of Virginia Sett forth in the 
said Representation, That in pursuance of his Majestys 



446 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667. 

Instructions, in the 14th yeare of his Majestys Reigne, and 
of an Order of Councell of the 29th of June 1662, They had 
Endeavoured by severall Treatys with Commissioners from 
the Province of Mary-land to Agree upon some Expedient 
to Lessen the Quantety of Tobacco planted in those Collonyes, 
thereby to Inhance the Prise of that Commodity, at that 
time become a Drugg (as they prentend) of no Value ; That 
at length both those CoUonyes, and Carolina also, had made 
an Act of Asembly in each Province, respectively in the 
Yeare 1666, forbidding the Planting of any Tobacco at all 
during this present yeare 1667, But the Lord Baltemore, 
Lord and Proprietary of Mary-land, haveing declared his 
Dissent to the said Act in his aforesaid Province of Maryland, 
by an Instrument vnder his hand and Scale at Armes, 
rendered the aforsaid Agrement bet-nixt those said Collonyes 
vaine, [whence this representation complaining] against the 
Lord Baltomore as an obstructer of the publique Good of 
those CoUonies. 

The Lord Batemore by his Answer to the said Repre- 
sentation, declared (amongst divers other Reasons against 
any Prohibition of Planting Tobacco in those CoUonies) [that 
upon a former petition from ^'irginia, the Committee for 
Plantations had reported against any stint or cessation of 
planting, and order had accordingly been given to that effect 
by the Council on 25 Nov. 1664], whereby the differnce 
Concerning that Matter, between both Collonyes, were (as 
he humbly conceiued) determined. And that in pursuance of 
that Order he declared his dissent to the aforesaid Act in 
Maryland. Vpon full Debate this day, [after hearing Colonel 
Morvson and Lord Baltimore, consulting the Farmers of the 
Customs, and reading the order of 25 Nov. 1664, the former 
order was confirmed and the representation dismissed]. 

[pp. 40-41,] 

[734,1 WTiitehall, 6 November : 
Nova Scotia. Thfs day the ensuing Letters from his Majestie to Colonell 
Temple Governor of Nova Scotia in North America, for the 



1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 447 

Rendition of Acadie to the French, was read at the Boord and 
approued, And it was Ordered that they be registred in the 
CounciU Booke as foUoweth vizt. 

Trusty and welbeloued Wee greet you well, Whereas by 
the late Treaty concluded at Breda, and there signed the 
31 of July last past betweene Vs, and Our good Brother 
the most Christian King, and whereof the Ratifications were 
interchanged at Breda aforesaid the ^^ day of August 
now last past, It is among other things concluded and agreed, 
That Wee shall restore unto the said most Christian King, or 
unto such Person or Persons, as to that purpose shall receiue 
his Command duly passed under the Great Seale of France, 
the Country which is called Acadie lying in North America, 
which the said most Christian King did formerly enjoy. And 
Wee desiring, that the said Treaty may on Our part haue 
its full and entire Effect and Execution, without any 
Difficulty or Delay whatsoever, Haue thought fit by these 
presents, which in pursuance of the said Treaty, Wee haue 
drected to be put into the hands of Our said Good Brother, 
to signify Our expresse Will and Pleasure to you, and 
accordingly Our Will and Pleasure is. That immediatly upon 
the Receipt hereof, you giue effectuall Order, for the restoring 
forthwith, and without all delay or difficulty to the said most 
Christian King, or to such as he shall thereto appoint, under 
the Great Seale of ffrance the said Country called Acadie 
lying in North America, which the said King did formerly 
enjoy. And that you proceed herein really and sincerely con- 
forming your self in the Execution thereof to what is set 
downe in the Tenth and Eleaventh Articles of the said Treaty, 
Copies of which Wee herewith send you attested under the 
hand of Our Principall Secretary of State. And for so doing 
this shalbe your Warrant and Discharge. [C.S.P. II. 1635.] 

[The second letter, after a reference to the first, proceeds]. 
These are therefore to second that Letter, and withall to 
giue you warning to be very carefull, as to performe punc- 
tually, what Wee haue there commanded you, and what Wee 



448 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667. 

are in Honour and Conscience by Our Treaty obliged vnto, 
so not at all to exceed and go beyond it, You are then to 
take notice, that it is onely the Country of Acadie which 
you are to restore, not any part of Nova Scotia, or of any 
other Country or Province adjojTiing which is not knowne and 
called by the name of Acadie ; nor any part even of Acadie 
itself, but that which did originally belong unto the most 
Christian King, was so enjoyed by him, and afterwards taken 
from him by the EngUsh, for if any was taken from him, 
which was not originally his, and so enjoyed by him, it is 
not within the Treaty. Threfore you are to apply your best 
Care and Diligence, making use of your owne Knowledge of 
those parts and informing your self from others. That a right 
Distinction be made of what properly belongs unto Vs, and 
what did belong unto Our good Brother the most Christian 
King : And least any thing should be wanting to you for 
your better Information and Instruction wherewith you 
may be furnished from hence, Wee haue thought fit to send 
you Copies of a Graunt heretofore made by Our Royall 
Grandfather King James of blessed memory unto Sir Wilham 
Alexander, and of another Graunt made by the late Vsurper 
Oliver Cromwell unto Crowne and Temple, where the 
Bounds and Limits of this Country of Acadie are particularly 
set forth, which wilbe a good Help unto you for the more 
exact Performance and Execution of Our Commands.* 

[C.S.P. II. 1638.] 

[The Duke of York is desired to provide one of his 

Majesty's ketches such as His Royal Highness shall judge 

fittest to sail to Nova Scotia with all expedition with the 

despatch to Col. Temple.] [pp. 51-52.] 

[736.] Whitehall, 6 December : 
Ne%%found- Vpon reading this day at the Boord the humble Petition 
of the Company of Merchants, Adventurers and Owners of 



land. 



• The copies of these letters at the Public Record OiJSce, calendared in the 
Calendars of State Papers, are indorsed A) This was not sent. B.) This w^9 
intended, but not sent. 



1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 449 

Ships trading from the Citty of Bristoll, to Newfoundland 
As also of divers Merchants and others trading thither. 
Setting forth the great Advantage of the said Trade to his 
Majestic in point of Custome, Amounting at least to 40000?. 
per annum by the Importation of Oyle, Wine, ffruit, and 
other usefull Comodities brought in from Spayne, PortugaU, 
and Italy, as Returnes for the Fish caught in those seas 
besides the breeding yearly many Hundreds of Seamen, and 
the Great Profit, his Majesties Subjects in the West of 
England and other parts of the Kingdome (which trade in 
Partnership with them do receiue thereby, And forasmuch as 
the said Trade without present Help from his Majestie is like 
to fall into the hands of the French or Dutch to his Majesties 
and the Kingdomes great Losse and Damage, They humbly 
prayed his Majestie to provide a speedy Remedy thereof by 
sending some able Person as Governor with Guns, Armes, 
Amunition and other MateriaUs, necessary for the making 
and fortifying some of the Harbours there, whereby the 
Petitioners may safely go on, and be encouraged in the said 
Fishing Trade, Which being taken into Consideration together 
with a Narratiue shewing the Benefit and Advantage of the 
Newfoundland Trade, and the Necessity of a Governor and 
fortifying the Principall and most proper Harbours for 
Defence and ffishing there. His Majestie present in CounciU 
did this day Order, That the said Petitions and Narratiue 
be, and they are hereby referred to the Right Honorable the 
Earle of Anglesey, Lord Ashley, Mr. Comptroller, Mr. Vice- 
Chamberlain, and Sir WiUiam Coventry [for examination and 
report]. [p. 80. ^ 1.] 

[736.] Whitehall, 13 December : 

Vpon reading a Petition of severaU Merchants of the City Virginia, 
of Bristoll, Shewing, That during the late Warr with the 
Dutch &c. The Petitioners had severall Shipps taken by 
the then Enemys (vizt.) in the yeare 1665 Five Shipps, with 
Two Thousand Seaven hundred hhds. of Tobacco ; in the 



450 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667-8 

yeare 1666, One Shipp, with Six hundred hhds. of Tobacco, 
and in the yeare 1667 Nine Shipps Taken and burnt in Harbour, 
in Virginia, with Six Thousand hhds. of Tobacco in them. 
That by Order of the Governor of Virginia all Merchants, 
Adventurers, before Clearing their Shipps from thence, have 
beene enforsed to giue Security, by Bills of Exchange 
Charged on the Petitioners, or their Correspondents in Eng- 
land, for Two ShilHnges Three pence, as an Impost for every 
hhd. of Tobacco Laden, pretending it to be for Erecting 
Fortifications in Virginia, although divers Carpenters belonging 
to the Petitioners Shipps have been Imprested from their 
Shipps, and have actually served in Cutting Timber, And 
Carying the same, in order to the Building of Fortifications, 
but no such yet Built, By want whereof the Petitioners 
Shipps, with their Lading, were this yeare Burnt and Lost ; 
That his Majesty having been Graciously pleased to Repay 
the Customs payd in the Ports of England, for Goods lost, in 
Shipps Lost, or to allow the like Value, to be Shipped out free. 
And praying that the Bills of Exchange, Charged on the 
Petitioners or their Correspondents, for the said Impost of 
Tobacco, in Virginia, in the years aforesaid and lost, may be 
declared to be Null and Voyd, and to be discharged, or elce 
that such of the Petitioners for whom, or whose Use 
Tobacco so Shipt, hath been lost, may have Liberty to Shipp 
the hke Quantityes of Tobacco, out of Virginia free of the 
said Impost, And that for the future the Fortifications intended 
for preservation of that Country, and protection of his 
Majestys Subjects, may be perfected and Repayred ; [the 
whole matter is referred to the Committee for examination 
and report]. [P- 92. H 1-] 

[737.] Whitehall, 10 January : 

West Indies. Sir Henry Puckering Knight, Thomas Henshaw, and George 
Goodman Esqrs in behalfe of themselves and the rest of the 
Creditors of James late Earle of Carhsle deceased, [set forth], 
That by Order of the 13th of June 1663. Francis Lord 



1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 451 

Willoughby of Parham . . . was directed to pay vnto 
the Petitioners 24716?. 6s. id. out of the Moyety of the 
Revenue of the said Islands ; That notwithstanding the said 
Order, and a Letter from this Board directed to Wilham 
Lord WiUoughby the present Lieutenant GeneraU of the said 
Islands, they have not received any part of the said summe, 
Nor is their Agent Mr. WilHam Boseman admitted his 
Majesties Comptroller of the Customs there, as by the said 
Letter was directed. [A true copy of the petition is ordered 
to be deUvered to Lord Willoughby's agent, who is required 
speedily to return his answer thereunto in writing.] 

[p. 118. II 2.] 

[This answer is returned on 13 March, and referred, with 

the petition, to the Committee]. [p. 229 ^ 1]. 

[738.] Whitehall, 15 January : 

Vpon reading this day at the Board the humble Petition Barbados 
of John Chomley Citizen and Merchant of London, Setting 
forth, That he hath been ever Loyall and faithfull to his 
Majestic, and hath payd the summe of three thousand pounds 
per Annum to and for his Majesties vse and service ever 
since his Majesties happy restauration. And Praying Lycence 
to Transport eighty Geldings to his Majesties Plantation of 
the Barbados, [the petition was granted.] [p. 124. ^ 4.] 

[739.] Ibid. 

Vpon reading this day at the Board an humble Address French West 
from the French West-India Company, desiring satisfaction Company. 
and reparation for losses and dammages sustayned by them, 
by the takeing of diverse of their Shipps before any Pro- 
clamation of Warr . . . and by whom the said Shipps 
were taken, adjudged, sold and made prize in severall Parts 
of his Majesties Dominions ; . . It was Ordered by his 
Majestie in Councill, That particular Orders should be directed 
to the Governors and Principall Officers in all his Majesties 
Dominions, where, and by whom the Shipps mentioned in the 



452 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 

said Memoriall were disposed, to give an Accompt to his 
Majestic in Councill of the disposall of the said respective 
Shipps and Goods, and the values thereof, Vpon all which 
returnes his Majestie will give such farther Order as shall 
be fitt. 

Whereas the French West-India Company have Repre- 
sented to his Majestie That in October in the yeare 1665, 
before there was any Proclamation of Warr, or any Hostility 
or ReprisaUs, The Shipp called the St. Peter belonging to 
the said Company, and returning from St. Christophers 
Laden with Sugar and Tobacco, was seized at Sea by an 
Enghsh Frigott as it went from Rochett to the Haure of Grace, 
and brought to Plymouth, where it was retayned vnder pre- 
tence that the Cooke had cast to sea some papers, though 
the same being taken vp again it was well knowne they were 
nothing Considerable, and though the Cooke himselfe tooke 
his Oath the said papers were onely to wrapp in some small 
things of his Trade ; which Shipp with the Goods, and Costs 
for the Clayming of them doth amount to 90000 ffrench 
Livers ; [the Commissioners for Prizes are ordered to examine' 
the matter and to return to the Board a speedy and detailed 
account, when further order will be given]. 

Whereas the ffrench West India Company have Repre- 
sented to his Majestie that in July 1665. the Shipp called the 
Fortune, ffreighted at Nantes, and ensured for the Accompt 
of the said Company, which returning from the Guarde Loupe 
Leaden with Sugar and Tobacco, was taken not farr from 
Vermuda by Capt. Charles Robert Enghsh, who brought it 
ffirst to the Islands of Mevis and Montferrat, but the Governors 
were so farr from adjudging it Prize, that they were against 
it as belonging to ffreinds and Allyes, wherevpon the said 
Captain brought the same to Jamaica, where it was retayned 
vnder pretence it had been ffreighted from the Dutch, The 
said Prize being worth 69000 ffrench Livers ; [the Commis- 
sioners for Prizes are desired] if they know any thing con- 
cerning the said Shipp Forttme, either by Correspence with 



1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 453 

the Governor of Jamaica or by any other meanes, that they 
speedily acquaint this Board therewith, or if otherwise, that 
they signify the same, that so such farther Order may be given 
therein as shall be fitt. 

[Similar orders are issued in the cases of the Jonas taken 
near Belle Isle and brought into Tangier, the St. John of 
Dieppe returning from Senegal and forced into Waterford 
harbour by stress of weather, and the St. John of Hamburg 
from which masts were removed for his Majesty's service, all 
vessels belonging to the French West India Company.] 

[fp. 125-127.] 

[740.] Whitehall, 15 January : 

A Memorial! from Monsieur Rouigny (Importing that Sir Cayenne 
John Harman had lately taken the Island of La Cayenne in 
America, and made the Governor, Major, and others Prisoners, 
and seized their Magazine) being Referred to [the Committee 
— ^to which the Earls of Bath and Carlisle had been added on 
3 January ; the Committee advise] (if the said Island be in 
his Majesties possession) that the same should be presently 
delivered into the possession of the French, and the Prisoners 
sett at Liberty in such manner as is agreed by the late 
Treaty at Breda. [Whereupon Lord Arlington is ordered to 
prepare the necessary papers for his Majesty's signature.] 

[p. 129. II 1.] 
[C.S.P. IL 1671.] 

[741.] "Whitehall, 22 January : 

Vpon reading this day at the Board the humble Petition West. Indies, 
of Capt. John Staplehill and Capt. Florence Osulivan, Setting 
forth. That each of them raysed a Company vpon their own 
Costs in the Barbados for his Majesties service in the 
Expedition for regajoiing St. Christophers, in which service 
they were taken Prisoners by the French in the Island of 
Tothus Santus, and detayned eleven Moneths, and Praying 
releife ; [Lord Arlington is ordered to confer with Monsieur 
de Ruvigny concerning the matter and endeavour to obtain 



454 ACTS OP THE PRIVY COUNCIL (COLONIAL). [I668. 

relief for the petitioners, [p. 139. T| I.] On 29 April a similar 
petition is referred to the Commissioners for the Treasury]. 

[p. 292 ][ 2.] 

[742.] Whitehall, 22 January : 
Surinam. A Memoriall of the Ambassadors from the States General! 

of the Vnited Provinces of the Netherlands Concerning the 
restitution of the Colony of Surinam lately taken by Sir John 
Harman, being this day presented and read at the Board ; 
[Lord Arhngton is directed to prepare papers for the rendition 
of Surinam to the Dutch similar to those for the dehvery of 
Cayenne to the French, according to the 6th article of 
the Treaty of Breda]. [p. 140. V i.i 

[C.S.P. 11. 1683.] 
[743.] Ibid. 

West Indies. Vpon reading this day at the Board the humble petition 
of Isaack le Gay, John Jurin Junior, and John DorviU of 
London Merchants, Complayning, That they haveing Hired 
a Swedish Shipp called the Castle of Stockholme to Transport 
Goods to the Barbados, and to returne for England, in her 
returne, being Laden with Cotton WooU, Sugars, and other 
Commodityes, was the 6th of December last by distress of 
Weather forced into Robadeaus neare the Groine, in the 
Territoryes of the King of Spaine, where the Shipp and her 
Ladeing are detayned, vpon pretence that shee came from the 
Spanish West-Indies without dispatches. [Lord Arhngton is 
directed to confer with the Spanish Ambassador about 
restoring the ship and likewise to recommend the petitioners' 
cause to the Earl of Sandwich, Ambassador in Spain.] 

[p. 140. H 3.] 
[744.] Whitehall, 24 January : 

Barbados. Vpon the Petition of Stephen Vines and Richard Ormsby 

Merchants, Inhabitants of Ireland (this day read at the 
Board) Shewing, That the Petitioners were Owners of the 
Shipp Hopewell of Galloway, which they Laded with Provisions 
to the Barbados, in the time of the late Warr ; And being there 



1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 455 

arrived, shee was Arrested by Charles Collins and Samuell 
Vernier, vpon pretence of a breach of Charter-party, made 
between them, and the Master of the said Shipp and others, 
before the Petitioners became possessed of her ; And vpon a 
Hearing of the said Difference before the Commissioners there, 
two of them gave their Judgments, that the said Shipp should 
be acquitted ; But Mr. Henry Willoughby at that time being 
Deputy Governor there (which was after the death of the 
late Lord Willoughby and before the now Lord Willoughby 
was constituted Governor thereof) did make a private Order 
to Condemne the said Shipp, contrary to the Law of the 
Court of Admiralty, and the Petitioners being farr distant, 
f ayling to make their Appeale in the said Court within 1 5 dayes 
after the aforesaid Order and Decree, are barr'd of their 
Appeale to their vtter ruine, and great discouragement of 
Trade, vnless they finde releife. And Praying that their case 
may be Referred to the Lord Willoughby . . to have 
a rehearing thereof before his Lordshipp [Lord Willoughby is 
ordered to] take the Allegations of the Petitioners into serious 
Consideration, and if his Lordshipp shall finde them true, that 
then a Convenient time be given and appointed for a rehearing 
of the Whole Matter, and to do the Petitioners Right 
according to Justice and Equity. [p. 147. ^ 2.] 

[745.] Whitehall, 31 January : 

A Letter to the Lord Willoughby Governour of Barbados. West'indies. 
[Whereas the Royal African Company complain that not- 
withstanding the letter of 6 April 1666 to Lord Willoughby 
and] notwithstanding Your Lordshipp (before your goeing 
to that Government) did Vndertake in the presence of the 
Lords the Committee for fforraigne Plantations, (c/. 692) 
to fuUfill the former Order sent to your Brother, Yet their 
ffactors who became Bayle to the said Action, are still prose- 
cuted in Common formes of the Law there, and are neare vpon 
sued to an Execution vpon the said Bayle Bonds, Neither 
hath there been any Obedience given to his Majesties 
Commands signifyed by our said Letter in transmitting the 



456 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668- 



Process hither ; Which his Majestie resenting, Hath again 
Commanded vs to require your Lordshipp to give speedy and 
effectuall Order for the stopping of all manner of Proceedings 
in any the Courts of the said Island against any of the 
Petitioners ffactors or others for or concerning any thing 
relateing to the Matter aforesaid ; And that you speedily send 
to vs the whole Proceedings and Bayle Bonds in that Case, 
together with all Papers relateing therevnto. [p. 162. ][ 1.] 

[746.] WhitehaU, 31 January : 

West Indies. A Letter to the Commissioners for the Office of Master of 
his Majesties Ordnance, and Officers of the same. [Whereas 
it appeared that by order of the Governor of Barbados there 
was impressed out of the Sea-flower of Bristol certain guns, 
ammunition, and other materials to the value of 761. sterling, 
and put on board his Majesty's hired ship the Companion 
for service against the enemy in the West Indies ; His Majesty 
directs that the owners of the said ship may receive satisfaction 
either in specie or in money as they shall judge most fit.] 

[p. 169. ^ 1.] 

[747.] WhitehaU, 12 February : 

His Majesty haveing vpon the 31th of January last, 
caused an Order to be Read, and Passed, for Estabhshing 
a future Regulation of Committees of his Privy Councill ; 
And some Aditions being since held necessary to be made 
thereunto, the same were this day read and allowed of as 
FoUoweth. 

His Majesty haveing among other the Important parts of 
his AfFayres, taken into his Princely Consideration the way, 
and Method of Managing Matters at the CounciU Board, And 
reflecting that his CounciUs would haue more Reputation if 
they were putt into a more settled, and Estabhshed Course : 
Hath thought fitt to Appoynt certain Standing Committees 
of the Councill for severall Businesses, together with Regular 
dayes and Places for their AssembHng, in such sort as 
foUoweth. 



Committee 
for Trade 
and Planta 
tions. 



1668.1 ACTS OF THE PRIVY COUNCIL (COLONIAL). 457 

[1. The Committee of Foreign Affairs. 

2. The Committee for such matters as concern the 
Admiralty and Navy, Mihtary Matters, Fortifications, etc.] 

3. A Committee for the Business of Trade, under whose 
Consideration is to come whatsoever Concernes his Majestys 
Forraine Plantations, as also what Relates to his Kingdomes 
of Scotland or Ireland, in such Matters only Relating to 
eyther of those Kingdomes, as properly belonge to the Cog- 
nizance of the Councill Board, the Isles of Jersey and 
Guernsey, which is to Consist of the Lord Privy Seale, Duke 
of Buckingham, Duke of Ormond, Earle of Ossory, Earle of 
Bridgewater, Earle of Anglesey, Earle of LauderdaiU, Lord 
Arlington, Lord HoUes, Lord Ashley, Mr. Comptroller, Mr. 
Vice-Chamberlain, Mr. Secretary Morice, Sir WiUiam Coven- 
trye, the usuall day of Meeting to be every Thursday in the f Earle of 
Councill Chamber, and oftner, as he that Presides shall direct. I ^^^,''''®','' 

Earle of 

And hereof Three or more of them to be a Quorum. And { Cravon 
it is further Ordered That this Committee caUing vnto them fuz- 
his Majestys Attorney Generall, or elce his Majestys Advocate, ^dded^tiT^^" 
do from henceforward heare all Causes that by way of i^i-h June 

1668. 

Appeale come from the Isles of Jersey and Guernsey, the Earle of 
Orders whereupon being in due forme prepared by the Gierke Added'by 
of the Councill : are before they are signed to be read at the 9'''^'"" ^^^^ 

•' ^ January 

Councill Board, and there Approued of, that so they may 1668[9]. 
Receiue the Approbation and Authority of the whole Councill, 
which before used to Passe distinctly from the Committee 
only, by a derivatiue power from the Board. 

[4. A Committee on grievances.] [p. 176. J 

[748.] Whitehall, 14 February : 

[The Council refer to the Committee for Trade the] Petition West Indies 
of Capt. Edward Burd, late Commander of the Shipp, Margaret 
of Leith. Setting forth That the said Vessell Burthen One 
hundred and Eighty Tunns with Twenty Guns, and Seavnty 
Men, Freighted by the Petitioner at Barbados with Tobaccos, 



458 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 

Sugars &c. to the value of Five Thousand pound Sterling, was 
Imprested by Authority from the Lord Willoughby into his 
Majestys Service against the French and Dutch in the Lee- 
ward Islands, in which service the said Shipp (amongst many 
others,) perished by the Hericano, as also Three Prizes which 
the Petitioner had taken, in the Isle of Tons les Sanctos (were 
then hkewise lost) to the very great Dammage of the 
Petitioner And Praying that the Shipp Convertine (a Prize 
shipp now in Scotland) may be giuen to the Petitioner in 
Satisfaction of his losses. [p. 181. ]f 1.] 

[749.] AVhitehall, 14 February: 

Surinam. [A letter to Lord Willoughby concerning the restitution 

of Surinam to the Dutch.] These are to acquaint your 
Lordship, That it is his Majestys pleasure, and you 
are (in his Majestys name) hereby Authorised and Required 
to take Care that Suranam be, according to the tenure 
and intent'on of the said Treaty, forthwith Restored and 
Yeilded up, to remayne in the quiett Possession of the said 
States, or such as they shall Appojmt in their name to 
take Possession thereof ; And your Lordship is Required also 
to Command all his Majestys Subjects, late Inhabitants of that 
Place upon their Allegiance, forthwith to withdraw them- 
selues with their Familyes ; into some parts of his Majestys 
Dominions in America ; And for their better Encouragment 
therein, to afford them all convenient Assistance, which may 
facihtate their Retreat. [p- 182. If 1.] 

[750.] Whitehall, 17 February : 

West Indies. [The Council refer to the Treasury the] Petition of John 
WiUiams late Commander of the Shipp called the WiUiam, 
in the behaKe of himseKe, and the rest of the Owners of the 
said Shipp Setting forth. That the said Shipp being arived 
at the Barbados, in Merchants Imployment, was there by the 
Gouernor of the said Island Imprested into his Majestys 
service vnder the Comand of Captain Bery, in an Expedition 



1668.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 459 

against the French and Dutch, in the Leeward Islands, for 
which service there is due to the Petitioner One Thousand 
Sixty Pounds, Eighteene ShilUnges, And Prajdng Payment 
of the said Summe. 

[Similar claims (for service, losses sustained, or stores 
seized) made for the John and Thomas by Samuel Randall, for 
the Constant Katherine by Thomas CoUier, for the St. Peter 
by Caleb Caine, for the Companion by John Thompson, and 
for the Owners Adventure by WiUiam Lloyd, are also referred 
to the Commissioners of the Treasury.] [p. 187. Tj 1.] 

[751.] Whitehall, 17 February : 

[The Lord High Admiral is directed to] Assigne on of his Jamaica 
Majestys Shipps of the 5t Rate for the defence of his 
Majestys Plantation of Jamaica, and suppressing the Insolence 
of Privateers upon that Coast, the Governor and Planters 
of Jamaica undertakeing to sett out and Victuall the said 
Shipp, and Pay the Wages of the Seamen, and keepe the 
said Shipp and furniture in good Repaire. [p. 191. ^f 3.] 

[752.] WhitehaU, 19 February : 

[The Lord High Admiral to assign two of his Majesty's ships Newfound- 
of such rate as he thinks fit] for the Convey and Security of ^^ ' 
the Fishery of Newfoundland. [p. 193. ]| 2.] 

[753.] Ibid. 

Lord Arlington having acqiiainted the Board, That Monsieur Acadia. 
Ruiugney made difficulty to Receive the Act of Cession 
of the Coimtry of Acadie as it was prepared by his Lordship 
in the wordes of the Treaty at Breda, untill the like 
Explanation were Added in the Cession as had been at his 
instance Inserted in the Letters of Possession heretofore 
Issued from his Majesty. It was Ordered (his Majesty present 
in Councill) That the said Act of Cession of the Country of 
I'Acadie, do Passe to the French in a Solemne Instrument, 
in the same wordes, and with the same Explanation, That the 



460 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 

Orders sometime since Issued, for giueing Possession of the 
said Country to the French King did Passe, [p. 194. ][ 2.1 

[C.S.P. II. p. 1699,] 
[754.] WhitehaU, 26 February : 

Nevis. A Letter to ColoneU Rusell Gouernor of Nevis. Wee being 

Informed by the Petition of ColoneU Edmund Scarbourgh 
his Majestys Surveyor General! of Virginia, That about August 
1666, Robert Risden Commander of the Shipp Providence 
ahas Virginia Merchant, came with the said Shipp and a 
Considerable Cargo into the Island of Nevis, and was there 
Murthered ; And that you ColloneU James Rusell Governor 
of Nevis, Seised the Shipp and Cargo, upon pretence to 
Secure the same for the Proprietors ; And the Petitioner 
AUeaging That the most part of the Shipp and Goods do belong 
vnto him, and that he hath made severaU Apphcations with 
Certificats from the Gouernor of Virginia, Manifesting his, 
the said CoUonell Scarbourghs Interest and Propriety, Yet 
you haue disposed of the said Shipp and Goods, and will giue 
no satisfaction ; Wee taking into Consideration the said 
Petition and Originall Certificate of Sir WiUiam Berkely 
Governor of Virginia (vnder the Scale of that CoUoney) And 
Ukwise a Letter of Sir WiUiam Berkelys, both of them 
directed vnto you, and Annexed vnto the Petition [require 
you to come to account with, and make due satisfaction 
unto Colonel Scarborough, and such other owners of the ship 
or goods] as the Governor of Virginia (from whence the 
said Shipp began her Voyage, and with her Lading did belong 
vnto Inhabitants of Virginia) shaU under the Scale of that Colony 
Certify the said Shipp and Goods to belong. [p. 202. *^ 1.] 

[755.] Ibid. 

West Indies [A claim by Samuel Basker for compensation for the Hoop, 
employed by the Royal Company at 160/. per month, but 
impressed for service in the late expedition in the West Indies 
against the French and Dutch, and shattered in the hurricane, is 
referred to the Commissioners of the Treasury.] [p. 203. t !•] 



1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 461 

[Similarly with the petition of George MacCartney, Hugh 
Eales, and George MacCartney, for compensation for the 
James of Belfast, impressed at Antigua, but] together with 
her said Goods taken by the French, nere the Roade of Guar- 
delope, when David Agnew Merchant of the said Shipp, 
was Wounded and payd for Ransome Six Thousand Pounds 
of Sugar. [p. 203. *\ 2.] 

[756.] Whitehall, 28 February : 

Vpon the humble Petition of Samuell Wilson, Edward Plantation 

Trflid© 

Bushell and Josiath Childe of London Merchants, Shewing, 
That John Baptista Quarenten (an Itahan Physition) about, 
a yeare since became Bound to the Petitioners in a Contract 
of Charterparty, in the penall Summe of Fiveteene Hundred 
Pounds, together with Anthonio Drera a Venetian, Master 
of the Shipp St. Joseph and Anthony, for the performance 
of the Couenants therein Contayned, Whereupon the Peti- 
tioners and their Factors at New England did not only Lade 
upon the said Shipp severall Goods and Merchandizes to the 
Value of about One Thousand Pounds ; but did also at the 
earnest request of the said John Baptista and Anthonio Drera 
lend vnto them in ready Money the summe of Three Hundred 
and Fivety Pounds besides Prouisions for setting forth and 
VictuaUing of the said Shipp ; which was to be paid them 
at the Shipps retume into this his Majestys Port of London, 
where shee was to end her Voyage ; But the said John 
Baptista and the Master Antonio Drera, Combineing and 
Contriving together to Cheate the Petitioners . . instead 
of goeing to Cadiz in Spain with the said Shipp, where they 
were bound to dehver the said Goods unto the Petitioners 
Factors, shpped by the said Port, and putt into Malaga and 
with the first opertunity of Winde, raim away from thence vp 
into the Streights, with the said Shipp and Goods. [Quarentini 
having been arrested by the petitioners in an action of 1500?. 
has procured a certificate from Baron de Lisola, the Emperor's 
envoy in England], Declareing him to be a Servant belonging 
to his Household, hopeing thereby to evade Justice, Whereas 



462 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668. 

the said John Baptista as himseK hath acknowledged is a Free 
Deny son of England, and hath lined in this Eangdome 
for these Seven yeares together, and is now an Inhabitant in 
the parish of St. Martin. [The petitioners are directed to 
enter a caveat with both his Majesty's Principal Secretaries 
of State, to the end that no protection be granted to 
Quarentini, unless this Board be first acquainted therewith. 

[p. 208.] 

[ Quarentini 's petition for release from the King's Bench 

Prison and a petition from the other parties that they be 

not interrupted in their course of law against him, are on 

3 April referred to the Committee for Grievances.] 

[p. 255 H I-2J. 

[757.] WhitehaU, 4 March : 

Newfound- Vpon reading this day at the Boord the humble Petition of 

Sir John Frederick Knight in behalf of himself and John 

Hayne of Dartmouth, Shewing, That their Factor at Nants 

being not able to procure an EngKsh VesseU did the 3d of 

January last ffreight the Ship Golden Hawke of Norcopia in 

Sweden with salt for their Accounts, for the use of Two Ships 

bound on a ffishing Voyage to Newfoundland, but by reason 

of contrary Winds she did not arriue at Dartmouth till the 

27th of ffebruary last, being ffour dayes after the Dispensation 

of the Act of Navigation was expired, That before her Arrival] 

and the Expiration of that time, the Petitioners did tender an 

Entry of the said Ship and Lading to the Officers of his Majestys 

Customes at Dartmouth, as appeared by a Certificate thereof 

from WiUiam Hurst Collector of the Customes there, who 

refused the same, as also did the Farmers of the Customes in 

London, That if they should not haue Liberty to unlade the 

Salt at Dartmouth, their Voyage to Newfoundland would 

absolutely be destroyed to their great Losse The said Ships 

being ready to set sayle, with the first oppertunity of Wind, 

but cannot proceed without the said Salt, which they want to 

carry on their ffishing. And therefore Prajdng an Order to the 



1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 463 

Ofl&cers of the Customes to admit the Entry of the said Ship 
and Lading: [the petition was granted]. [p. 214. ^1.] 

[758.] WhitehaU, 4 March: 

[The Council refer to the Treasury the petition of Captain New York. 
Thomas Morley, commander of the William and Nicholas, 
setting forth,] That in pursuance of the Commands of his 
Majestys Commissioners for his Affaires in America, the 
Petitioner employed his said Ship and Men in his Majestys 
Service for reducing the Manhatoes and other Places in 
America deteyned by the Dutch, ffor which Service he was 
to haue according to the Articles of Agreement betweene him 
and the said Commissioners 130L per mensem during that 
Expedition That accordingly the Petitioner attended that 
Service from the 24th of August 1661, to the 24th of ApriU 
1665 ffor which according to the said Contract there is due 
unto him One Thousand and ffourty pounds whereof he hath 
receiued ffiue Hundred Seaventy One pounds for ffreight due 
from seuerall Men for Tobacco transported from Virginia to 
London, To baUance which Account there remaines due unto 
the Petitioner 468Z. 19s. lid. Which he humbly prayed 
might be paid unto him by the Treasurer of the Navy. 

[p. 214. H 2.] 
[759.] Ibid. 

Busines referd to the Consideration of the Lords Com- Committee 

of Trade and 
mittees for Trade, &C. Plantations 

The Letters from the Lord Willoughby touching the State 
of Barbados, and the Leeward Islands. 

The Letter from Sir WiUiam Berkeley Governor of Virginia 
touching the State of that Plantation. [p. 215. ^ 2.] 

[760.] Whitehall, 6 March : 

[The Council refer to the Committee the] Petition of Plantation 

Trade 
Ambrose Mud and Thomas Newman Merchants of Dartmouth 

and their Company . . Shewing, That their Ship the 

Pilgrim of Dartmouth, John Ewins Master, being laden with 



464 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 

1250 Kintalls of dry Newfoundland fish, and 180 Kintalls of 
Cor ffish for Avero in Portugal!, was about the end of September 
last surprized by a Spanish Man of Warr before the Barr of 
that Port, [and condemned as good prize, although] It was 
then lawfull for the said Ship to carry ffish into any Port of 
the said Kings Enemys, not being blocked up or beseiged 
by an Enemy That the Condemnation of the said Ships Goods 
is not only a great disheartning to the Fishing Trade, but hath 
tended to the Petitioners Dammage near 4000Z., And therefore 
Praying Releife therein. r^ 2I8 ff 21 

[On 18 March, Lord Arhngton is directed to write to the 
Earl of Sandwich, Ambassador in Spain, to use his utmost 
endeavours to procure satisfaction for the petitioners, and 
also to desire the Spanish Ambassador in England to write 
effectually to the Court of Spain in their behalf.] 

Ip. 232. H 3.] 

[761.] WhitehaU, 10 March : 

Virginia. Whereas It was this day represented to the Boord by a 

Letter from Sir WiUiam Berkeley Governor of Virginia, That 

there is at present a great Want of Powder and Amunition 

for the Defence of that Plantation which cannot otherwise 

be well supplyed, then by the Merchants which trade thither. 

Vpon consideration whereof, His Majesty present in Councill 

did Order, That the Officers and Farmers of his Majestys 

Customes do forthwith send for some of the most considerable 

Merchants trading to Virginia, and treate with them about 

carrying a quantity of Powder and Amunition thither in every 

Ship that goes to that Plantation, The said Governor having 

promised not only just payment but considerable Profit for 

the same. And of their Proceedings herein the said Officers 

and Farmers are required to make Report to his Majestic in 

Councill, with all convenient speed. [p. 221. ^ 3.] 

[762.] Whitehall, 13 March : 

Jamaica. His Majestys Ship the Oxford [assigned by the Duke of 

York] to be employed for the defence of his Majestys 



1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 465 

Plantation at Jamaica, suppressing the Insolency of Privateers, 
and for the Advance of Trade and Commerce there, [being 
unable to put to sea] without some necessary Reparations 
[the Duke of York is desired to direct] the Principall Officers 
and Commissioners of the Navy to cause the said Oxford Fregat 
to be forthwith repayred, so as she may be fit for her said 
Voyage to Jamaica, Except Sheathing which the Governor 
hath voluntarily undertaken to defray, as hkewise the Victaal- 
hng of the said Ship, Wages of Seamen, and keeping her in 
Repajnre. And that they cause her to be delivered with all 
her Masts, Guns, and Standing Rigging to Mr. Charles Mody- 
ford employed hither from the Governor of Jamaica, or to 
such other Persons as shalbe sufficiently authorized to receiue 
her for the Service aforesaid. [p. 227. \\ 2.] 

[763.] Whitehall, 18 March: 

A Letter to the Lord WiUoughby Governor of the Barbados. Barbados. 
[On consideration of your letter of 16 December, giving an 
account of the plantations under your charge]. Wee are ... by 
his Majesties Command to acquaint your Lordship That as 
his Majestie is well satisfyed with your Care and Dihgence 
in the preservation and Defence of those Islands in the time 
of the late Warr, So he doth rely on the continuance thereof, 
and that you will not be wanting with the utmost of your 
Endeavours to promote the Prosperity of those Plantations 
wherein as oppertunity offers it seh, your Lordship may be 
assured of his Majestys Assistance But as to the Intimation, 
which hath been hinted to Vs of your desire to returne 
suddainly for England, His Majestie thinkes it not convenient 
in the present juncture of Affaires that those Plantations 
should want a Governor so capable to serue his Majestie, as 
Wee conceiue your Lordship, And therefore Wee are to signify 
his Majestys Pleasure, That you continue there, untill you 
shall receiue his further Directions, Wee are also to acquaint 
you. That his Majestie hath seene the Addresses of the 
Representatiues of the Island of the Barbados in behalf of 

30 



466 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668. 

themselues and the Inhabitants thereof, which conteyning 
Matters of great Conceme, it remaines under his Majestys 
Consideration. [p. 235. ]| 1,1 

[764.] WhitehaU, 27 March : 

French West Whereas the PrincipaU Officers and Commissioners of his 

Company. Majestys Navy did by their Report this day read at the 

Boord represent, That in pursuance of an Order of the 15th 

of January last, they haue examined the Allegations of the 

French West India Company, and do finde, that according 

to the said Allegations, there was in the Moneth of February 

1665 taken into his Majestys Stores at Portsmouth out of the 

Ship St. John Baptist, and employed for the use of his 

Majestys Navy seuerall Goods and Stoares in the said Report 

mentioned, which according to the then current Market, they 

find upon full Enquiry to be worth 2438L 10s. Id. for which 

no Satisfaction hath yet been made to the said French West 

India Company within their Knowledge. [The matter is 

referred to the Committee,] Who examining the Losses Our 

Enghsh Merchants haue susteyned by the French are desired 

to propose to this Boord such Expedients as they shall thinke 

proper for giving Satisfaction to the said Company, With 

regard to the pretensions of his Majestys Subjects for 

Reparation for their Damages. [p- 239. ^ 1.] 

[On 9 September 1670 the petition of the French West 

India Company for payment of the 2438?. 10s. Id. is referred 

to the Commissioners of the Navy, and on their report on 

the 22nd, to the Treasury assisted by the Commissioners 

for Prizes.] [IX. pp. 280 & 290.] 

[765.] Whitehall, 3 April: 
Maryland. Whereas Thomas Gookin of Kingsale in the Kingdome of 

Ireland Merchant, Did by his Petition this day read at the 
Boord set forth. That upon Encouragement given to him by 
his Majestys Order of the 6th of March 1664 for dispencing 
with c^rtaine Clauses in the Acts for Trade and Navigation, 



1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 467 

He freighted his Ship the Hopewell with seuerall Goods and 
Merchandizes for Maryland, where the said Ship safely 
arriving the Petitioners Factors made sale of the said Goods, 
and after they had almost reladen the said Ship, with the 
Comoditys of that Place, Charles Calvert Esqr the Deputy 
Governor there, notwithstanding he had promised him, he 
should trade freely and without molestation, suffered the 
said Ship to be unjustly and wrongfully condemned and sold 
to the Petitioners Damage of 1400?. sterling. And therefore 
he humbly prayed, That in regard he hath not done any 
thing contrary to any knowne Law, whereby the said Ship 
ought to be condemned, and that he cannot expect Justice 
from the Deputy Governor in his owne Court, That his Majestie 
would be pleased to order the Lord Baltimore .... ffather 
of the said Deputy Governor to make just and due satisfaction 
to the Petitioner for his Damages as aforesaid. [A copy of 
the petition is ordered to be sent to Lord Baltimore, who is 
to return his answer with all speed that further order may 
be given.] [p. 256. ^ 2.] 

[766.] Whitehall, 8 April : 

[A protection is granted to Edward Bushell and others for Plantation 
the Amity (formerly the Brazil frigate), Thomas Heath com- 
mander, sailing with 25 men and above 60 passengers and 
servants for Barbados.] [p. 261. ^ 3]. 

[767.] Whitehall, 10 April : 

[On the memorial of the Dutch Ambassadors desiring that] Surinam. 
His Majestie would be pleased to notify unto them, before what 
Judge or Officer, the two Dutch Seamen lately come from 
Surinam shall solemnly by Oath declare, that which happened 
at Surinam, after the Articles of Peace concluded betweene his 
Majestie and the said States Generall, as also the Patent for 
Rendition of the said Place were exhibited there. [The 
depositions were ordered to be made before the Board on the 
1 5th instant, and kept by the Clerk of the Council for produc- 
tion when there shall be occasion.] [p. 263. ^1.] 

[C.S.P. II. 1728.] 



468 ACTS OF THE PRIVY COUNCIL (COLONIAL). 11668. 

[768.] Whitehall, 10 April : 

West Indies. [Whereas Captain Edward Burd commander of the ship 
Margaret of Leith, (cf. 748) represented that the Commis- 
sioners of the Treasury, on a reference of 9 February,] 
haue declared. That his Majestic is not obliged to make 
good Ships lost by Storme, whereby the Petitioners after 
so good and remarkable Service to his Majestic in his 
said Ship, and on land, both before the Hurricane and 
after, and having lost his Bloud and Limbs, and endured 
12 Moneths Imprisonment in a wounded Condition in 
great misery under the French in the West Indies, till he 
ransomed himself at a very great Rate is now exposed to 
great Streights, and in dayly hazard of Imprisonment And 
therefore he most humbly prayed That his Majestic would 
be pleased to Order him such satisfaction in respect thereof, 
for the preventing the totall Ruine of him and his Family as 
his Majestic in his Princely Bounty shall thinke fit. [The 
Commissioners for sick and wounded men and prisoners of 
war are required to pay the petitioner 200Z.] formerly 
Ordered to him by his Royall Highnes in consideration of 
his Services and Losses aforesaid, And [to] consider him for 
a further Gratuity when there shalbe an oppertunity, as 
a Person who hath very well deserued of his Majestic by 
his Services and sufferings. [p. 263. ]f 2.] 

[On 24 April, the Duke of York is desired to give speedy 
and effectual order that Captain Burd have the same 
recompense that is given to captains in his Majesty's service 
on the hke occasions.] [p. 284. ^ 3.] 

[769.] Whitehall, 15 April: 
Surinam. [In pursuance of the order of 10 April] this day Appeared 

at the Board, Denzill Price Interpreter to the Ambassadors 
from the said States Generall, and (being sworne before 
the Lords of his Majestys most Honourable Privy Councill) 
Deposed that he did read the Depositions of John CorneUssen 
Boer, and John Crynsen Vandergracht truly to them, as it is 



1668.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 469 

written in Dutch, and subscribed by them, and that the Paper 
in EngUsh Subscribed by him the said Denzill Price, is a 
true Translation of the same ; And the said John CorneUssen 
Boer, and John Crynsen Vandergracht being then Ukewise 
sworne, Did each of them Depose, that all that is contayned 
in the Paper is true ; and it is thereupon Ordered That the Clerks 
of the Councill do safely keepe the said Depositions, to the end 
they may be produced when there shall be occation. 

[V- 274. Ij 1.] 
[770.] WhitehaU, 24 April : 

Vpon the Memoriall of Monsieur Rovigny Concerning Losses French West 
sustayned by the French West-India Company, and vpon the Company. 
Clerke of the Councills giveing an Acoompt of what returnes 
had been made to several I Orders of this Board sent to divers 
persons about that Affayre ; [it is referred to the Committee 
for Complaints and Grievances]. [-p. 284. ]| 2.] 

[77L] WhitehaU, 29 April : 

[The Duke of York] desiring his Majestie to Declare his west Indies. 
Royall pleasure about the disposall of his Majesties Shipps 
now in the West-Indies ; . . he is hereby desired and 
authorised to send speedy and effectuall Orders for recalling 
the six Fregats at present in the West-Indies, to be imployed 
here in his Majesties service. [p. 290. ^ I.] 

[772.] Ibid. 

[A petition of the owners of the Pearl of Bristol for losses West Indies. 
of 1475/. Ss. M., sustained through impressment in the West 
Indies, in the attack on St. Christopher, is referred to the 
Commissioners of the Treasury.] [p. 293. ^1.] 

[Similar reference is made in the case of the Companion, 
John Thompson commander, (cf. 750), impressed at Barbados 
without any contract and so not insured, and after three 
months service burned in the commander's absence by the 
carelessness of the seamen impressed into her at Barbados. 
The loss to the master and owners is estimated at 5000Z.] 

[p. 294. H 2.] 



470 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668. 

[773.] WhitehaU, 6 May : 

[The memorial of the Dutch Ambassadors regarding the 
surrender of Surinam is referred to the Committee, the King 
declaring] that in the interim he will have all stipulations 
punctually observed. [p. 296. Tf 1.] 

[774.J WhitehaU, 1