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DA 25.L3
V.I
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
E. PONSONBT, 116, GBAITON STREET, DDBLnr.
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). [166 
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