H
CALENDARS.
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U 51912. a
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CALENDAR
OP
STATE PAPERS,
COLONIAL SERIES, AMERICA AND WEST INDIES.
a 2
Voto \ i c.»-V i e nc.
CALENDAR
OF
STATE PAPERS,
COLONIAL SERIES, jy«I.Tj
AMERICA AND WEST INDIES,
1669—1674.
PRESERVED IN
HER MAJESTY'S PUBLIC RECORD OFFICE.
EDITED BY
W. NOEL SAINSBURY,
ASSISTANT KEEPER OF THE PUBLIC RECORDS,
HON. MEMBER OF THE AMERICAN ANTIQUARIAN SOCIETY AND OF THE HISTORICAL
SOCIETIES OF MASSACHUSETTS, MAINE, NEW YORK, MARYLAND,
PENNSYLVANIA, CAROLINA, GEORGIA, VIRGINIA, ETC.
UNDER THE DIRECTION OF THE MASTER OF THE ROLLS, AND WITH THE SANCTION OF HER MAJESTY'S SECRETARY OF STATE FOR THE COLONIAL DEPARTMENT.
LONDON:
PRINTED FOR HER MAJESTY'S STATIONERY OFFICE,
BY EYRE AND SPOTTISWOODE, PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY.
And to be purchased, either directly or through any Bookseller, from EYRE AND SPOTTISWOODE, EAST HARDING STREET, FLEET STREET, E.G.; or ADAM AND CHARLES BLACK, 6, NORTH BRIDGE, EDINBURGH ; or HODGES, FIGGIS, & Co., 104, GRAFTON STREET, DUBLIN.
1889.
Printed by
EYRE and SPOTTISWOODE, Her Majesty's Printers. For Her Majesty's Stationery Office.
CONTENTS OP THIS VOLUME.
PREFACE vii
LIST OP COLONIAL ENTRY BOOKS • xli
CALENDAR, 1669-1674 - 1
GENERAL INDEX - - 639
ERRATA ..... - 715
PREFACE.
THIS volume of the Calendar of State Papers, America and West Indies, is in continuation of the previous volume of the same series ending with the year 1668, and comprises six years of our Colonial History, from 1669 to 1674, abstracted from 1,433 documents in the National Collection of the Public Kecords.
The American Colonies, 11 of which were in course of settlement and development during these six years, and Our Possessions in America, in the "West Indies, and in Africa, form the principal contents of this Calendar. There are also many papers which relate to the French and the Dutch West Indies and to South America.
Attention was drawn in the Preface to the last volume of this Calendar, to the valuable collection of " Shaftes- bury Papers," relating to the early settlement of Carolina, which was presented to the Public Kecord Office, by the late Earl of Shaftesbury. About 150 of these " Shaftes- bury Papers " are abstracted in this volume, and illustrate very fully the progress of the settlements in Carolina during this period.
By Articles of Agreement signed by all the Lords Pro- Carolina, prietors, they undertook to contribute 500?., to be laid out in shipping, arms, ammunition, tools, and provisions for the settlement of Port Eoyal, and a further sum of 2001. per annum for the next four years (54). A fleet of three ships was, consequently, sent out in August 1669, at a cost
viii PREFACE.
of 3,2001 16s. 6d. (55), viz., the Carolina, Henry Brayne, master ; the Port Royal, John Russell, master ; and the Albemarle, Edward Baxter, master (99.- i.). The list of passengers on board 'the Carolina contains the names of some of the most prominent settlers in the new Colony, many of them taking out with them from five to 10 servants, the total number of passengers being 92 (97. i.). The Albemarle arrived three days after the other ships, but broke her cables and was lost on the rocks (124). The Port Royal was also cast away and lost near the Bahamas, but although Florence 0. Sullivan, who went out as Surveyor of the new settlement, wrote to Lord Ashley that all were lost but the master and two or three men (250), the " humble declaration of John Russell, late master of the " Port Royal " (434), in his circumstantial account of the loss of his ship, records that after beating about for six weeks, and being driven to the greatest extremities, all their people were put safely ashore, by the help of their boat, and ultimately " got transportation " to Bermudas (see also p. 622). Early in 1671, the John and Thomas arrived at Albemarle Point from Barbadoes, with 42 pas- sengers (433, 471. i.), and on 14th August of the same year, the Blessing landed 96 passengers at Ashley River (541, 612, p. 280). Joseph Dalton, a passenger on the Carolina, wrote to Lord Ashley from Charles Town, upon Ashley River, in January 1672 (736), an " essay of affairs in this place " and on the nature and properties of the country, in which he says that 337 men, 71 women, and 62 children or persons under 16 years of age, was the full number of persons who had arrived since the first fleet from England and up to that date, whereof 43 men, 2 women, and 3 children had died, and 16 were absent, leaving a total of 406 then in the colony, 278 of whom were men able to bear arms.
PEEFACE. ix
Conditions of encouragement by grants of land and other " concessions " (918) were held out by the Lords Proprietors of Carolina to all who would settle in their Colony, whether from Ireland or elsewhere, likewise to the English Planters in Surinam, who were willing to remove to Port Koyal (41), which induced " multitudes," and many " considerable men " (688) from Barbadoes, New England, and other parts, to fit out for Carolina (473). Six hundred industrious people from New York also resolved to settle at Ashlev River, the Governor and
tf
others being much troubled at the inclination of the people of New York that way (p. 279), and many removed from Antigua "weary of the hurricanes " (1388), and from the Bermudas (p. 278).
On 6th May 1674, further Articles of Agreement were signed by the Lords Proprietors, who then undertook to subscribe each 100/. per annum, for seven years, to supply Carolina with clothing and other necessaries, until the inhabitants, by the product of vendible commodities, were able to draw a trade of merchandise to themselves (1270). Governor Sayle, very soon after his arrival in the Colony, urged upon the Lords Proprietors the want of a godly and orthodox minister " which I and many others have lived " under as the greatest of our mercies " (202), and he strongly recommended one Sampson Bond, of long standing in Exeter College, Oxford, who was " in my late country " of Bermudas, under whose powerful and sole edifying " ministry, I have lived about eight years past, . . . and " I have written to him to come and sit down with us, " which is the most hearty request of the Colony in " general." In another letter (246), Governor Sayle again dwelt upon the great want of an able minister in the Colony by whose means, he said, corrupted youth might be much reclaimed, the people instructed, and the Sabbath
x PREFACE.
and service of God not neglected. The prosperity of the Israelite, Sayle warned the Lords Proprietors, decayed when their prophets were wanting, " for where the Ark of God " is there is peace and tranquillity." The " good, aged, Governor," who was at least 80 years of age, died of a consumption on 4th March 1671, very much lamented "by " our people, whose life was as dear to them as the hopes " of their prosperity" (433, 474). The Rev. Sampson Bond remained at the Bermudas many years after Governor Sayle's death.
The original or first set of the Fundamental Constitutions of Carolina in 111 articles, a little volume of 75 leaves, bound in vellum, entirely in the handwriting of John
»
Locke, and full of corrections by him, is dated 21st July 1669 (84). The Fundamental Constitutions, known as the second set, and dated 1st March 1670, consisted of 120 articles, which were to " remain the sacred and unalter- " able form and rule of government of Carolina for " ever," but a third set is dated 12th January 1682, a fourth set 17th August 1682, and a fifth and last set llth April 1698 (157).
All the Lords Proprietors of Carolina did to promote the welfare of their Colony, and the progress of its rapid growth and development, may readily be traced in these " Shaftesbury Papers " by the help of the General Index, which is so constructed that full details will be found of all our other Colonies and Possessions referred to in this Calendar.
Virginia The prosperity of Virginia is evidenced in the accounts
received from the Colony during the six years of this Calendar. By 1673 twenty regiments of foot had been raised, and as many troops of horse, without making use of any slaves, or few English servants. Virginia yearly raised a greater revenue to the Crown by customs than any
PREFACE. xi
Plantation under his Majesty's dominions, therefore, as " they may justly hope for" so the Governor and As- sembly petitioned for a sufficient supply of arms and ammunition, for they had not arms for every tenth man (1118).
Sir John Knight told the J^arl of Shaftesbury, then Lord Chancellor, that Virginia paid 150,000/. revenue in customs for tobacco alone imported into England, which would in a few years probably increase to 250,0002., " so " that Virginia is of as great importance to his Majesty " as the Spanish Indies to Spain, and employs more ships *' and breeds more seamen for his Majesty's service than any " other trade " (1159). The Governor reminded the King that soldiers will not serve for tobacco, because the merchants give them so little for it that a year's salary will hardly clothe them. Locke has noted that corn was worth in September 1674, 150 Ibs. of tobacco per barrel (1428).
The transportation of convicted felons and other prisoners Convicts to Virginia was a subject of frequent complaint. It was not Virginia unusual for a convict to be discharged from prison on giving security for his or her transportation to Virginia or some other Colony (11-14), and the influx of these felons became so great a grievance that an order of the General Court, held at James City, was issued, setting forth the danger to the Colony caused by the great numbers of felons and other desperate villains being sent over from the prisons in England, " the horror yet remaining of the " barbarous designs of those villains in September 1663, " who attempted at once the subversion of our religion, " laws, liberties, rights, and privileges," and prohibiting the landing of any " jail birds" from and after 20th January 1671, upon pain of being forced to carry them to some other country (175). This order was approved by the Home Government, as appears by a despatch from Thos.
xii PREFACE.
Ludwell, the Secretary of Virginia, to Lord Arlington, thanking the Secretary of State, in his country's behalf, for his Lordship's assistance in the confirmation of said order, prohibiting the importation of " Newgateers." " The safety of this country depends upon the continuance " of it," wrote Secretary Ludwell, " so many insolent " villanies having been committed by men of that sort that " greater numbers would hazard the peace of it " (590).
There is a notable exception to this condemnation of " Newgateers " in the person of one William Sherwood, who became a respected inhabitant and in a letter to Sec- retary Lord Arlington's private secretary says, he " cannot " without shame look upon the foul act which was the " cause of his being in Virginia." Williamson has endorsed this letter " one of those who robbed me whom I saved " (564).
Massachu- The disputes between the Governments of Massachusetts setts and an(j Maine are the main features in the papers relating to these Northern Colonies, abstracted in this volume, out of which, however, no inconsiderable portion of the history of the several Provinces of New England can be gleaned. The petitions of Ferdinando Gorges to the King and Council (150, 439) throw considerable light on this controversial subject, and led to " New England affairs " being brought before the Council for Plantations (184, 512, 566, 753) who, after a full hearing, ordered that the King should be moved to send Commissioners over, which was agreed to, and Commissioners were accordingly appointed, and their instructions prepared. Colonel Cart- wright, one of the Commissioners who had been sent over some years before, told the Council at their meeting in June 1671, that he had sent a narrative of former proceed- ings in New England to the King at Oxford in 1665. He also informed the Council that the Ministers in New Eng-
PREFACE. Xlii
land having no settled salary would, he 'believed, be contented if the Government might be changed. He affirmed that the country was healthful and fruitful, and provisions plentiful ; that they had store of good horses, and, doubtless, lead and copper mines, and that the number of people fit to bear arms might probably double in ten years. In 1652 they began to coin money with a palm branch on one side, and Salem (their greatest town save Boston) on the other ; that they still continued to coin money, but put the date of 1652 upon it, so as not to seem to trespass on the King's prerogative. [N.B. — This is ivorth the notice of coin collectors.'] Their total forces by land were nearly 50,000, viz., Massachusetts, 30,000 ; Connecticut, 14,000; New Hampshire, 1,800; Maine, 1,000; Plymouth, 1,000, and Providence, &c., 1,000; and he conceived there might be about 200 sail belonging to New England. The " differences in the several Provinces of New England " were, however, no nearer being settled in 1674 (1420) than they had been six years before, excepting as regarded the disposing of lands. " The Mas- " sachusetts, though affecting an universal authority, will " allow the Proprietors Gorges and Mason, if they had " their right to the Massachusetts, power to have free " disposing of the land" (1397).
" There is a place," wrote a correspondent of Sir Joseph New York. Williamson's from Barbadoes, " much cried up of late, " taken from the Dutch, now called New York " (126), the Governor of which Colony, Francis Lovelace, told Williamson their conveyance [of letters] was so slow, " like " the production of * ellephats ' once almost in two years," and that if he did but know in what darkness they live " as if we had as well crossed Lethas as the Atlantic Ocean," he could not but take compassion and solace them (285). A year later, in October 1671, Governor Lovelace thanks the
PREFACE.
Under Secretary of State for that light of intelligence he vouchsafes to favour them with, without which they were in Egyptian darkness. " It is some satisfaction," he says, " to hear what is acted in the theatre of their native " country." He then goes on to describe New York as smiling in a hopeful and thriving condition, their harbour being fuller with shipping than ever was known since the discovery was made, but he adds, " a little countenance from " their mother would refresh them much " (646). By the following year, however, a spirit of immigration, chiefly among the English colonists, set in, and 200 families were ready to remove to the new and prosperous Colony on Ashley River in Carolina, and 600 industrious people resolved to go thither from New York (664, 746).
Colonel Francis Lovelace had succeeded Richard Nicolls as Governor of New York (under the Duke of York) in August 1668, and it was under his Government that the Colony was retaken by the Dutch on 30th July 1673, either " by treachery or negligence " (1138), with the loss of one man on each side. The Dutch fleet consisted of 20 ships, and the army landed of about 800 men. Only seven of these ships came from Holland, the rest were prizes. They were not exactly privateers, though commissioned by the States to make spoil where they could. They had previously, it seems, brought 100 Frenchmen off from Surinam and burnt it, leaving none there. Governor Leverett of Massachusetts gives a full account to Secretary Lord Arlington of the surrender of New York, which will be found abstracted at pp. 520-525. A full and circum- stantial account of the taking of New York, which is not printed in Documents relating to the History of New York (11 Vols. 4fo), is to be found in a letter from Richard "Wharton, written from Boston to one of his kinsmen. "Wharton was owner of large tracts of territory in Maine
PKEFACE. XV
and New Hampshire, and he subsequently became a mem- ber of the Council of New York, when Major Andros was the Governor. Colonel Lovelace was away in Connecticut at the time, through whose neglect and the treachery of Captain Manning, who was left Commander-in- Chief, New York was surrendered to the Dutch, who had private intel- ligence of the weakness and disorder of the place. The garrison soldiers were mostly drawn out, the guns dis- mounted or the carriages rotten or unserviceable, and the people dissatisfied with the oppression of their rulers and ready to revolt, on which invitations and encouragements they were emboldened to bring up their ships against the town, and, finding no resistance, landed about 500 men, who in a straight and long street marched up to the fort, and were saluted with only one gun, and on their approach the English flag was struck and the gates set open, so that without the least dispute or complaint the English marched out and the Dutch marched in to the fort (1144). Many proposals were submitted to the English Government for the " retaking of New York," notably by Wm. Dyre, Sir John Knight, and Lord Culpeper, together with the opinion and humble advice of the Council for Trade and Plantations to the King, which was most probably drawn up by John Locke (1145, 1159, 1164-1166) ; but neither of these was adopted, for in the following year a formal cession of the whole territory was made to England by the States-General by Treaty, and on 1st July 1674 the Duke of York commissioned Major Edmund Andros his Lieutenant and Governor for his province of New York (1311).
Sir Thomas Temple, in letters to Secretary Lord Arlington Nova Scotia. (24, 25) describes in detail his purchase of Nova Scotia for the sum of 16,260Z., of which he was for some years the resident Governor, but was, in August 1669, commanded by
U 51912.
xvi PEEFACE.
Charles II. forthwith to restore to the French King, in pursuance of the Treaty of Breda (95), and he hopes God may inspire his Lordship's heart to do a charitable deed to a friendless person in distress, " a rare thing, I confess, at Court." In a letter to the King, written 18 months later (384), he recounts " the whole truth of his heart }> and his own sad condition consequent upon the King's commands to surrender his country to the French, which he says is annexed to the Crown of Scotland, as the records in Edinburgh Castle show, and is of infinite more value than St. Christopher's. He beseeches the King to take his 12 years' faithful services into consideration, and points out his reason for first coming to Nova Scotia, which he says George Kirke, the Master of the King's House, can testify. Sir Thomas Temple describes his design more fully in his letter to Secretary Lord Arlington, written two years before his said letter to the King, wherein he says that the true reason of his coming into those parts was to fly Cromwell's fury for having laid a design for his
King late Majesty's escape when he was at his trial, which Mr.
Charles 1st. Kirke> if te be aliv6j will informhis Lordship, Sir Thomas,
had very nearly effected, having made a brother of his, Colonel Edmund Temple, for one night, Captain of the guard of the King's person. This coming to Cromwell's ears, Sir Thomas was privately advised by his kinsman, the then Lord Fienes (in great favour with Cromwell), to absent himself till the times might be more propitious, and his good friend and uncle, old Lord Say, then advised and assisted him to purchase Nova Scotia. This " design " for the escape of Charles 1st, which it will be remembered is graphically depicted in a popular novel of the present day, is undoubtedly an historical fact, otherwise it is scarcely probable that Sir Thomas Temple would relate the cir- cumstance to Charles II. and to his Secretary of State.
PREFACE. Xvii
Another interesting reference to Charles 1st will be found in Jo. Newington's address, written in 1670, to Jas. Dra- water, merchant, at Jo. Lindnpp's, at the Bunch of Grapes, in Ship Yard, by Temple Bar (282). Newington says all the news he can write about is that one Hugh Peachell, who has lived in Barbadoes almost 20 years with many persons of good esteem, and lately with Colonel Bar wick, has gained much money, yet it was observed none thrived less than he. That falling sick some three weeks since he was much troubled in his conscience, but would not " utter himself" to any but a minister, who being sent for, Peachell acknowledged himself to be the person that cut off the head of King Charles, for which he had 100/. He received such comfort as the divine, one parson Leshley, could afford him, and, with much seeming penitence, died in a quarter of an hour. " This I may report for a real truth," Newington says, " and think that one Mr. Hewel, " condemned for the same and "now in Newgate, would be " glad to be acquainted with this."
The controversy as to whether Newfoundland should be Newfouud- an English Colony un.der a " settled government " or be a used simply as a station for the great fisheries carried on there, which is the subject matter of numerous papers in the previous volume of this Calendar, is brought to a con- clusion in this volume. The arguments for a settled government tendered by Captain Robertson to the Duke of York, together with his Keply to the Answer of the West Country Gentlemen to his own proposals about Newfound- land, will be found abstracted Nos. 368, 369. But the address of the merchants, owners and masters of ships, and the inhabitants of the western parts to the King prays for " additional powers about the Newfoundland fishing only." They declared that in process of time loose persons stay
b 2
xviii PREFACE.
in the country, who tend to destroy the trade and are useless in all respects. That in consequence the fisher- men's houses are torn down, timber is burnt, and the seamen are debauched, and the French, in their seamen and shipping, by their fishery, do much increase. Upon this address the King issued an Order in Council directing all parties concerned to give their attendance at the Board, when they were fully heard, and his Majesty's Council for Plantations were ordered to consider the best ways and means whereby the fishing trade in Newfoundland may be regulated, advanced, and protected and secured from foreigners, and managed for the increase of seamen and the advantage of his Majesty and his subjects. The Council thereupon made their report to the King upon the whole matter in controversy, and offered, as their opinion and advice, that his Majesty, by way of addition to his former charter, should grant certain rules and orders for government of the said fishery. That all his Majesty's subjects should enjoy the freedom of taking fish in any of the rivers in Newfoundland provided they submitted to the orders established for the fishery. That no stranger should be permitted to take bait or fish, and no inhabitant to burn or destroy any wood or plant within six miles of the sea shore, nor take up any stage before the arrival of the fishermen out of England. And that masters of ships were to bring back all seamen and others, and none to be suffered to remain in Newfoundland. Fines and forfei- tures were to be levied upon all offenders, and encourage- ment given to the inhabitants of Newfoundland to go to Jamaica or other foreign plantations. The King, by an Order in Council, approved this report, and the Attorney- General was directed to prepare a Bill for his Majesty's signature to pass the Great Seal accordingly (362. i.-v.).
PREFACE.
The imposition of an additional duty on sugar was the Barbadoes. subject of heated debates in both Houses of Parliament during the Session of 1671, and a "full account of all passages in this business " was transmitted by a Committee of the " Gentlemen Planters [of Barbadoes] in London to the Assembly of that island" (519). This Committee "ap- plied themselves " to the Council for Plantations, as well as to several leading members of the House of Commons, to show how ruinous any additional duty on sugar would be to the settlement of Barbadoes, nevertheless the Bill passed the Commons. The Committee then put in their Addresses to the Upper House, knowing the Lords " to be " unconcerned and of more discerning judgment than the " generality of the Commons," and undoubtedly would have had the same [ill] success as in the Commons had not the Governor of Barbadoes, William Lord Willoughby, who was then in London, and one of the Committee, with great efficacy convinced the Lords of the mistake the merchants were " running them upon." So the Lords re- turned the amended Bill to the Commons who " flew into a heat," voted the Lords had no right to abate of any aid granted to the King, and both Lords and Commons adher- ing strictly to their privileges, the King prorogued Parlia- ment. A full account of this debate will be found in the Lords' Journal [Vol. XII., April 12-22.]
The King was not " over well pleased " with the loss of his Bill (for laying an additional duty on foreign com- modities) " which was occasioned wholly by the dispute on sugar." There are many papers on this subject ab- stracted in this Yolume, all of which may readily be referred to by means of the General Index. Certain it is that the representations of the Gentlemen Planters of Barbadoes of the ruinous effects any additional imposition would have upon the chief produce of that island were
XX PREFACE.
strictly accurate inasmuch as there is evidence in a petition from the Assembly to the King in Dec. 1671, that through the apprehension of customs on sugars being increased, upwards of 4,000 inhabitants within three years had deserted the island, many being led through great encour- agement to settle in foreign plantations (674. i.)
William Lord William Lord Willoughby, Governor of Barbadoes wrote Willoughby.
for the last time to the Council for Plantations on 7th March
1673 (1044). At a meeting of the Council on the 5th of the following month it was announced that the Governor's " indisposition of health " had caused him to appoint Sir Peter Colleton Deputy Governor and President of the Council (1065, 1068). Governor Lord Willoughby " lay sick " only a few days and departed this life on 10th April 1673 (1098, 1104). Sir Peter Colleton announced the death of the Governor and his own appointment as Deputy Governor and President of the Council to the Privy Council in England, and at same iime enclosed detailed statements of the inhabitants and the public stores in the island, as well as lists of the most eminent planters and the number of acres possessed by each one (1101. i. n. in.). By these state- ments it appears that the population of Barbadoes in 1673 was 21,309 whites and 33,184 negroes, but as a report was current that these lists were taken in order to a tax on negroes, Sir Peter Colleton was of opinion that one-third of the negroes was not given. Of the white population, 8,435 were women, and 3,600 boys, of which one-half may be English, and the rest Scotch, Irish, French, Dutch, and Jews. More than half the estimated number of negroes were boys and girls, while the women numbered nearly 1,700 more than the men, the numbers being 11,914 women and 10,236 men. All the names of the most eminent planters in Barbadoes will be found on pp. 496-7, with the number of acres possessed by each planter, which
PREFACE.
range from 200 to 1,000 acres, the average number held by each planter being 300 acres.
In connexion with Barbadoes there is a curious specimen of spelling in a letter from a Quaker, one Lewis Morris, to Secretary Lord Arlington (635). The diction is unique and so characteristic that it has been printed verbatim et literatim. We may, while on the subject of letter writing, refer to the Earl of Shaftesbury's letter " to his very affec- " tionate friend, Sir John Yeamans." As the last line is John Locke, in Locke's handwriting, and the letter book from which it is taken contains many letters in his handwriting though all were sent in the name of his employer, the Earl of Shaftesbury, it may be inferred that this volume was Locke's letter book and that the letter in question was written by the Great Philosopher. It is a masterpiece of composition, and has been printed in full (861). It is well known the deep interest that Locke took in the settling of Carolina, which is fully evidenced in the " Shaftesbury Papers " as the contents of this Calendar show, but it has never been suggested that he contemplated a visit to what might be called in those days " that distant region." Yeb he must have thought of doing so sometime in the year 1673, which we gather from a letter addressed to him at Lord Shaftesbury's residence in little Exeter House in* the Strand (1103). In this letter Sir Peter Colleton tells Locke that he has been long expecting to hear news from him from New England, and Lord Willoughby and himself
*
had projects of taking Carolina in their way (from Barba- does) and visiting Locke there. But, adds Sir Peter, it has pleased God to dispose things otherwise. Lord Willoughby is dead, Locke in employment in England, and himself tied by the leg with an office in Barbadoes until the King pleases to release him. Locke was appointed Secretary to the Lords Commissioners for Foreign Plantations on
xxii PREFACE.
14th October 1673, with a salary of 5001. per annum, and his 10 years' experience of Colonial affairs, especially as regards Carolina, must have materially added to his use- fulness at that Board.
Twenty-two years later he was appointed one of the Lords Commissioners, and it is worthy of remark that several literary and scientific men of this and a later period were rewarded with seats at the Board of Trade and Plantations, to mention only, besides Locke, the names of Waller and Newton. Pepys was made Secretary to the Admiralty, while Addison became Under Secretary of State, and Steele held the office of Commissioner of Stamps, besides other appointments.
Jamaica. At the close of the year 1668 Jamaica was in a very
thriving condition, and growing rich by privateering and the produce of the country, and the Governor, Sir Thos. Modyford, had the character of a prudent and obliging person (Cal. 1661-8, No. 1892), Six years later, in 1674, Governor Sir Thos. Lynch reported to the Home Govern- ment that the island had improved to a marvel, and the people were as contented as Englishmen could be (1389). A survey had been made [of Jamaica in 1670 by " the " extraordinary diligence " of Thos. Tothill, the King's Receiver-General, which showed that at that date there were above 209,000 acres granted by patent to the in- habitants, there being 717 families, estimated at about 15,000 persons, and the prosperity of the island is evidenced in an abstract of the commodities produced. There were 57 sugar works, producing yearly 1,710,000 (? Ibs.) weight • of sugar, 47 cocoa walks yielding 180,000 Ibs. of nuts,, and 49 indigo works, producing 49,000 (? Ibs.) weight of indigo per annum, besides pepper, salt, and other pro- ducts. No island abounded in cocoa more than Jamaica, " and the profit is such that if it keep up the moiety of
PREFACE. xxiii
" the price it will be of far more gain to the planter than " indigo, cotton, ginger, or sugar." Great stock of cattle, 60 tame cattle had in six years increased to 6,000, and sheep, goats, and tame hogs in plenty, " so that all danger " of want is past, and in a short time they hope to furnish " the ships homeward bound" (270, 271, 375).
The revenue of Jamaica in the year 1670, arising from duties on wines, spirits, &c., quitrents, and fines and forfeitures, was 1,870£. per annum, while the necessary disbursements for support of the Government, which in- cluded 1,OOOZ. salary to the Governor, 400?. to the Deputy Governor, 200Z. to the Major-General, and 801. to the Chief Judge, and other salaries, amounted in all to 1,960Z., and with incidental expenses for the fort, to nearly 3,500Z. (264. i.).
Governor Modyford's Answers to the Queries of the Lords for Trade and Plantations, abstracted pp. 302-307, contain a complete history of the island, and show besides the numbers of ships under the command of Admiral Morgan, those which arrived at and traded with the island, the '* trained bands," with names of the captains and number of privates, which were in all 2,386 men and officers, also a horse regiment with 222 men and officers, the " establish - " ment of Jamaica," which was settled in 1663 at 2,500L per annum, and the ammunition, guns, and stores, and how disposed of.
One John Style, a fellow student with Lord Arlington at Christ Church, continues in this volume his correspondence with the Secretary of State, with letters of considerable interest. He had been a resident in Jamaica since 1665 [1023, previous FoL], and wrote on most matters that con- cerned the island, which he affirmed would maintain more people than England (7). He complained of the great number of " tippling houses," and that there were not more
xxiv PREFACE.
than 10 men resident to every licensed house that sold strong liquors, and of the wickedness of those who called themselves Christians. " "Were the most savage heathens " here present," wrote Style, " they might learn cruelty " and oppression, the worst of Sodom, or the Jews that " crucified our Saviour might behold themselves matched " if not undone " (138). As opposed to this we have the Governor's statement that the King was " piously pleased" to pay five ministers 100L each until a law for the main- tenance of the ministry was passed. In 1671 Mr. Howser, " a Switzer," Mr. Maxwell, a Scotchman, Mr. Lemmings, an Englishman, and Mr. Zellers, another Switzer, all orthodox men of good life and conversation, preached every Sunday ; but Mr. Pickering is dead, and there is none to supply his place, " but, alas," writes Governor Modyford, " these five do not preach to one third of the " island, and the plantations are at such a distance that " it is impossible to make up congregations, but they " meet at each other's houses as the primitive Christians " did, and there pray, read a chapter, sing a psalm, and *•' home again, so that did not the accessors to this island " come so well instructed in the articles of our faith, " it might well be feared the Christian religion would " be quite forgot" (p. 305).
Jamaica was divided into 15 parishes, but " many a " parish had as yet no church " at the close of the year 1671, when the Governor said that he could not give any account of the number of the dead, as few were brought to the parish church to be buried (p. 304). Within a year, however, this state of things was altered, for the Council of Jamaica, in September 1672, ordered that in all parishes where there were ministers either the parson or sexton was to keep a true account of all burials and christenings, " which has been much neglected," and once
PREFACE. xxv
a year deliver it to the churchwardens to make entry in the parish book ; and that in all parishes without ministers, and where the inhabitants live at such distances from the parish church that they cannot conveniently bury there, " and possibly the rites of burial are not used," all masters of families be obliged in such cases to give account of the death and birth of any in their families to the next Justice of the Peace, and he to deliver it to the churchwardens, who are to enter it as aforesaid, so that a certain record be kept throughout the island for the future (933).
Gambling seems to have been a crying evil in Jamaica. Gambling in " Through the immoderate use of unlawful gaming many " mischiefs daily arose," both in maintaining idle and dis- orderly persons and in coercing and debauching many young gentlemen and others to the loss of their time and fortunes, so that few escaped a prison or being made servants in a very short time. In order to put a stop to these abuses it was ordered by the Council of the island that all persons keeping public -houses of gaming, or per- mitting it, should, on conviction, be fined 101. or more, that common gamesters should pay double the money they had won, as well .as those winning money at any game by fraud or false dice, and that bonds, bills, and promises to pay money lost at play or in betting should be utterly void ; but " it was not intended," by this Order of Council, " to restrain masters of families and others " known to be men of at least 2,OOOZ. estate in the island " from innocent diversion in said games" (645). The remarks in a paper addressed to Governor Lord Vaughan some years later are appropriate to this subject. Public manly sports, says the writer, instead of cards, dice, and tables, should be brought into fashion among the young gentry, as riding at the ring, tilting on horseback, shoot- ing, running, wrestling, and the like, and prizes should
xxvi PKEPACE.
be given to the victors by way of encouragement. A good collection of books should be gotten at the public expense, and disposed " in the most conspicuous places" for such of the gentry as are studious to read, since there is nothing more ridiculous than ignorance in a person of quality. That idleness be utterly discountenanced as un- worthy of a man and most unworthy of a gentleman, and certainly the father of expensive vices, and the undoubted mother of poverty and shame. That penalties be set on men's vices, especially upon swearing, " that unpleasant, " unprofitable piece of irreligion," and upon intemperance, that shame of society, so that at least it may be brought to the state it was formerly, when those that were drunk were drunk in the night. That Government would do well to make the laws few and plain, and the execution certain and severe. If the law be good it ought to be executed, if ill, repealed. Besides the laws designed for the redress of immoralities must receive their true value from the example of the Court. Shame is a greater re- straint upon vice than penalties or pain itself, therefore the Governor ought to begin the reformation at his own house (1425).
Governors of During the six years comprised in this volume, there were three Governors of Jamaica. Sir Thomas Modyford was recalled in January 1671, having been Governor seven years (377). A petition to the King to continue him Governor, which was numerously signed, was read by the King in Council, but rejected (331). He was sent home a prisoner and committed to the Tower, because of his proceedings with the Privateers, and giving them com- missions and encouragement to attack the possessions of Spain, in the West Indies. We are told that the Privateers gave him 20L for every commission, " which, in all, may " amount to about 400Z.," and all their presents and his
PREFACE. xxvii
gains by them, directly or indirectly, Charles Modyford said, never exceeded 500L The King's fifteenth of prizes, brought in by Privateers, amounted to 600Z. or TOOL, but were expended on fortifications (573. i.). The considera- tions which moved Sir Thos. Modyford to give his consent for fitting the Privateers of Jamaica against the Spaniards, and showing how his Majesty's interest may be strengthened in the West Indies by coming into a nearer friendship with the Buccaniers of Hispaniola, with his reasons why Privateers should not be discontinued in the West Indies, and many other propositions presented to the Privy Council, are abstracted in this volume, and furnish a full and complete record of his conduct in relation to the Privateers (276-281 and 577-578).
Sir Thos. Lynch arrived Governor in June 1671 (552), and in August following he sent Sir Thos. Modyford home a prisoner on board the Jamaica Merchant, wrote a full account of his proceedings by that ship to the Secretary of State, and enclosed an elaborate report on the present state of the Government of Jamaica, this 20th August 1671 (604), which was followed by a further report to the President of the Council for Plantations, two months later (640).
When Lord Vaughan was appointed Governor of Jamaica, in April 1674 (1258-9), the Earl of Carlisle had been first nominated, the Council consisted of 12 persons, all of whom are named in his Draft Commission (1251), and the Assembly of 19 members (1233). Captain Brayne, refusing to stand for an Assembly man, was committed to prison without bail during pleasure (1224). The last abstract but one in this volume is of a map of Jamaica, showing the boundaries of the parishes as fixed in 1674, and also the mountains, harbours, rivers, islands, &c. The churches are also delineated, and many houses
XXVlii PREFACE.
and plantations are numbered (1432). A full description of the Great Seal of Silver is given by Governor Lynch at p. 250, who made several Orders in Council for the better regulating the delivery of letters, which was complained of as "a grand mischief " to every person or merchant, as any man opens as he pleases, stifBess (i.e. without cere- mony), and it was urged that the establishment of an office for receipt of all letters, both coming in and out, "would well satisfy the people" (331, 633, p. 268).
Henry It was in consequence of the receipt by Sir Thos.
and the Modyford of a commission from the Queen Regent of ers' Spain which the Governor of Curagoa sent to the Governor of Jamaica, in which her Governors in the West Indies 'were commanded to make open war against his Majesty's subjects, and because the Spanish Governors granted commissions and were levying forces against the English, that it was ordered by the Council of Jamaica that a commission be granted to Admiral Henry Morgan to be Commander-in-chief of all ships of war belonging to that harbour, and to attack, seize, and destroy the enemy's vessels (209). Admiral Morgan had been 11 or 12 years in the Indies, and, "from a private gentleman by his " valour has raised himself to now what he is." He and his old Buccaniers knew every creek, and the Spaniards' mode of fighting, and be a town never so well fortified, and the numbers never so unequal, if money or good plunder be in the case, they will either win it manfully or die courageously. One of the first places taken by Capts. Prince and Harris was Granada, in the river of Nicaragua, without any considerable loss, when each man shared between 30Z. and 40Z. (293). Governor Modyford told Secretary Lord Arlington that but 120 men entered the town undiscovered, and by their usual wiles got the best of the town prisoners, plundered till noon, which they say
PREFACE. xxix
yielded but 7 Ibs. in silver and 12L in money per head, which is nothing to what they had five years since, but the town is much decayed, and the principal men gone to Guatemala, as being more secure. A singular challenge from Sign or Pardal, " the vapouring [Spanish] Admiral of " St. Jago," to Admiral Morgan, was nailed to a tree near the west point of Jamaica, but Pardal being soon after found by Capt. Morrice, he was attacked in a bay at the east end of Cuba, and killed by a shot in the throat (310, 310. i. n.) On their way to Panama, the Buccaniers took Providence, where they found 300 men in garrison, who yielded next day, but only 60 slaves and 500?. in plunder (483, 494). Admiral Morgan had previously taken pos- session of Eio del Hacha (359).
There are several accounts of the taking of Panama Taking of (483, 504-506, 542), but Admiral Morgan's " true account " and relation of this my last expedition against the " Spaniards " is the fullest and the best, and shows there was hard fighting and great slaughter before they got possession of the city. Finding that Chagres Castle blocked the way, it was determined to attack it, which was done by Lieutenant-Colonel Joseph Bradley, with 470 men, who, after fighting in the trenches from 3 till 8 the next morning, stormed the castle. The enemy refused quarter, which cost them 360 men, while Bradley 's loss was 30 killed and 76 wounded, himself amongst the number, who died 10 days after. Leaving 300 men to guard the castle, they started up the river with 1,400 men in seven ships and 36 boats. The enemy had set on fire their first entrenchments before quitting them, " as " they did all the rest without striking a stroke." The Admiral was there forced to leave his ships and boats, with 200 men to guard them, and to betake the rest of his men to the wild woods. They routed the enemy two
XXX PREFACE.
miles from Venta Cruz, a very fine village, where all goods are landed and embarked for Panama ; but this, as all the rest, was found to be on fire and the enemy fled. They began their march next day, the enemy constantly galling them with ambuscades and small parties, so they had to march four abreast. At length they reached the desired place, where they saw " a good parcel of cattle and horses," which served all their men, and came in sight of the enemy, with 2,100 foot and 600 horse. Next morning Admiral Morgan drew up his men " in the form of a tertia." The vanguard of 300 men was led by Lieut.-Col. Lawrence Prince, the main body, 600 strong, by Major John Morris, the right wing by Morgan himself, the left by Col. Edw. Collier, and the rearguard of 300 was commanded by Col. Bledry Morgan. One Francesco de Harro charged with the horse so furiously that he could not be stopped till he lost his life, upon which the horse wheeled off and the foot advanced, but met with such a warm welcome and were pursued so close that the enemies' retreat came to plain running, though they worked a stratagem seldom heard of, that is attempting to drive two droves of 1,500 cattle into their rear. In the city they had 200 fresh men, two forts, all the streets barricaded and great guns in every street, but instead of fighting commanded it to be fired and blew up the chief fort, which was done in such haste that 40 of their^ own soldiers were blown up. In the market place some resistance was made, but at 3 o'clock they had quiet possession of the city, although on fire, with no more loss in the day's work than five killed and 10 wounded, and of the enemy about 400. They endeavoured in vain to put out the fire, but by 12 at night all was con- sumed but two churches and 300 houses in the suburbs. " Thus was consumed the famous and ancient city of " Panama, which was the greatest mart for silver and gold
PREFACE. xxxi
" in the whole world, for it received all the goods that " came from Spain in the King's great fleet and delivered " all the gold and silver that came from the mines of " Peru and Potozi." Here they stayed 28 days, making daily incursions on the enemy for 20 leagues without having one gun fired at them "in anger," though they took 3,000 prisoners and kept cruising and fetching pri- soners who had fled to the islands. They marched back with all their prisoners to Chagres Castle, where the plunder, amounting to 30,OOOL, was divided, the castle fired, and the guns spiked, and then began their voyage to Jamaica, where some are arrived and the rest daily ex- pected. The reason there was no more wealth was, the prisoners said, because they had two months' notice and had laden two great ships of 350 and 700 tons with money, plate, gold, and jewels (504). At a meeting of the Council of Jamaica, Admiral Henry Morgan received " many thanks " from the Council, after hearing a relation of his voyage for the execution of his commission, and they approved very well of his action therein (542. i.). But Morgan's proceedings were severely condemned by the English Government, and he was sent home prisoner, and a pamphlet containing a relation of " the late attempt upon Panama " was by the King's warrant ordered to be suppressed (1061). Sir Thos. Modyford had told the Council for Trade that there was much reason for a stand- ing force of Privateers, or somewhat equivalent, to give Jamaica seasonable intelligence and to be prompt to resist the first attempts of an enemy, the island being " circled with enemy's countries " (p. 303). Governor Lynch com- puted the Buccaniers to be near 3,000 strong, themselves say above 4,000, in 1671 (p. 247). The following year Henry Morgan was sent to England a prisoner on H.M.S. Welcome by Sir Thos. Lynch (p. 323), Lawrence Prince,
U 51912. c
xxxii PREFACE.
" one of the most famous of the Privateers," being appointed by Lynch, Lieutenant in one of the King's ships, " so that " the Spaniards should see they were willing to serve his " Majesty" (p. 299). To speak the truth of Morgan, wrote Governor Lynch to the Secretary of State, he's an honest, brave fellow, and has both Sir Thos. Modyford and the Council's commission and instructions, which they thought he obeyed and followed so well that they gave him public thanks, which is recorded in the Council books (p. 299). Major Banister also told Secretary Lord Arling- ton that Admiral Henry Morgan was sent home to appear, as it is suspected, on account of his proceedings against the Spaniard. He said he did not know what approbation he might find in England, but that in Jamaica he received " a very high and honourable applause for his noble " service therein," both from Sir Thos. Modyford and the Council that commissioned him, and Major Banister hoped he might without offence say, " he is a well deserving " person and one of great courage and conduct, who may, " with his Majesty's pleasure, perform good public service at " home or be advantageous to Jamaica if war should again " break forth with the Spaniard" (789). The disappear- ance of the " Admiral " from the scene of his many exploits was followed by a general break-up of the whole body of privateers towards the close of the year 1 672, if Governor Lynch's report to the Council for Plantations is to be relied upon, where he says planting in Jamaica is heartily and successfully intended, and to his own wonder, and he hopes to their Lordships' satisfaction, he has reduced all the Privateers, so that now there is not one English pirate in these Indies, unless some few in French vessels (954).
St. Christo- There were at least 10,000 planters and inhabitants of pher s.
St. Christopher's before the French invasion in 1666, which
reduced them to about one-third, when it was calculated
PREFACE. xxxiii
two-thirds of the land formerly possessed by English was uninhabited (292). For the more speedy replanting of which it was the advice of the Council for Plantations to the King in 1674 that such malefactors as are by law to be transported may be sent to St. Christopher's (879), and the Governor entreated the King to send Englishmen out of prisons for small debts for defence of the island, " because it cannot defend itself but by English " (p. 291). St. Christopher's had been taken by the French in April 1666, but by the Treaty of Breda, France engaged that restitution should be made of the English part. Many difficulties arose before the actual restitution took place, to determine which Commissioners were appointed on three several occasions, in February 1668, March 1670, and March 1671, and the final " Act of Surrender " to England was dated T5T July 1671 (583-585). The negotiations on both sides, which were long and complicated, may all readily be referred to by means of the Index, and the Report of two Conferences of the Council for Plantations with Sir Charles Wheler, who was then Governor of St. Kitts, contains a full account, in 12 pages, of all that had taken place (977).
The Colony of Surinam, which had surrendered to the Surinam. Dutch fleet in February 1667, was retaken by Lieut.-Col. Henry Willoughby and Sir John Harman in the following October, and became once more an English possession, but, as we have seen in the. last volume of this Calendar, it was again given up to the Dutch in 1668, in accordance with certain Articles of the Treaty of Breda. Disputes arose respecting the restitution between the Dutch Go- vernor and the English settlers, and the King appointed Commissioners for the settlement of these disputes and for bringing off his Majesty's subjects, their families, and estates from Surinam (320-325), though' the "perverseness "
xxxiv PREFACK.
of the Dutch Governor forced Major Bannister to leave above half the English and those who had the best estates in the Colony (485). Soon afterwards Governor Vorsterre sent home a dismal account of the state of the Colony after Major Banister had taken off two ship loads of English. He says, by death and sickness, the number had fallen to 200 men only, and there were 50 or 60 sick, and they have nothing to eat but rotten bacon, peas, and " gruts " (920). Finally, in October 1674, in consequence of an Article in the Treaty of Westminster, wherein his Majesty had taken particular care that his subjects in Surinam should have liberty to depart whenever he should send for them, and three years after Major Banister had left Surinam, the Council for Trade and Plantations re- ported to the King that three ships should be forthwith made ready to bring off the 300 English still there, with 1,100 or 1,200 slaves, besides household stuff. These numbers were made up (by Locke) of 20 persons who had sugar works and 675 negroes, and of 26 persons who had provision plantations and 382 negroes, besides several poor people, who may have 60 or 70 negroes, so that there may be about 300 Christians, male and female, the total being 1,397 (1249, 1364, 1368, 1375, 1427). Advices received at Jamaica by Governor Lynch computed the number of English left in the Colony at very much. less. He wrote home that there were not above 40 English at Surinam, the ill climate and illusage having killed the rest ; that Major Bannister left 100 there, and of all he brought thence to Jamaica there were but four dead (p. 624). We find, by an agreement for the sale of two plantations in Surinam, that 1,600 acres of land sold for 600,000 Ibs. of muscovado sugar (1380).
The Koyal The Company of Royal Adventurers trading into Africa,
African
Company, having sustained great losses during the late wars, treated
PREFACE, xxxv
with certain persons to enable them to pay their debts and became suitors to the King, to accept a surrender of their propriety and privileges, and to make said persons a new Corporation for carrying on the trade. The King him- self was an " Adventurer " for 5,OOOZ. (426). His Majesty therefore on 27th September 1672, granted a Charter of Incorporation to the " New Royal African Company," who were to enjoy all privileges in the City of London as fully as any company of merchants heretofore established by patent (934). An account of the limits and trade of the Royal African Company shows that their limits began at Sallee in South Barbary, near Tangier, and ended at the Cape of Good Hope, where the East India Company's limits take place. This " account " contains a particular relation of their several factories, where they were situated, and the trade carried on by each. The " slaves " were sent to all his Majesty's American Plantations, which could not subsist without them, and other commodities were brought into England, the gold coined in his Majesty's Mint, and all other goods always sold publicly at a candle (936).
In a list of ships freighted by the Royal African Com- Negroes, pany, with the names of their commanders, the places to which they were bound, and the number of negroes they carried, by far the largest number of negroes was sent to Jamaica, which received seven ships with 2,320 negroes ; five ships carried 1,720 negroes to Barbadoes ; two ships, 650 negroes to Virginia ; and three ships took 530 negroes to Nevis (1215). The price of negroes was fixed at 171., or 2,400 Ibs. of sugar, in Barbadoes and in Surinam (341, 1132. ii.), but "found not that good acceptance by " the planters as was hoped for," although Sir Thomas Lynch, the Governor of Jamaica, wrote in January 1672, that three days ago 400 negroes were bought at 221. per
xxxvi PREFACE.
head, and he believed 1,500 would have sold (p. 316). Therefore in a declaration of the Duke of York, Governor, and the rest of the Royal African Company, in December 1672. they resolved and declared that they would deliver negroes from 12 to 40 years old at 151. per head at Barba- does, at the Leeward Isles at 16 L, at Jamaica at 171., and at Virginia at 18/. per head (985). Many died on the voyage, which is not surprising when one reads that Captain Tallers had them three months on board, that they were almost all starved and " surfeycatted," as he fed them with little else but musty corn (946). According to Sir Charles Wheler, Governor of the Leeward Islands, there were at the close of the year 1671 some 1,500 negroes in Antigua and Montserrat, worth near40,OOOL (678). Charles Mody- ford reported to Secretary Lord Arlington in January 1670, that there were at that date 2,500 negroes or slaves in Jamaica (144), while four years later, in 1674, in a paper presented to the Council for Trade and Plantations, Bar- badoes is stated to have been " managed " with 5,000 English, who had purchased 70,000 negroes (1244).
Murders, robberies, and other outrages on the King's subjects were not of unfrequent occurrence by " out- lying " or runaway negroes, and the murder " in cold blood " of five Englishmen was the cause of the Council of Jamaica issuing very stringent orders against these " rebel" negroes. No person was to travel two miles from home without being armed, or to give clothes or victuals, or parley with such traitors and rebels, but on the contrary, he was strictly enjoined to shoot, and, by all means possible, endeavour to destroy them, and the wives and children of those killed were to become the property of the slayers (179, 181, 844). Orders were also given by the Council of Jamaica that all masters and overseers, under a penalty of 51., were to keep their negroes within
PREFACE. xxxvii
their own plantations, and permit none to leave without a ticket with their numbers and names, and the merchandise they carry, and " it shall be lawful for any person to take " up and whip any negroes found out of their master's " plantations without a ticket, and return them to their " masters without respect to their distance from home " (1020). The King, in a Proclamation dated 25th No- vember 1674, prohibits all his Majesty's subjects, except those of the Royal African Company, from trading to any of his plantations for negroes, on pain of his Majesty's highest displeasure and forfeiture of " said commodities " (1393). An Act passed in Barbadoes making negroes real estate 1214). One Nicholas Blake, a planter there, writing to Williamson in November 1669, says not a month ago he had a negro woman who was delivered of a child with five fingers and a thumb on each hand (126). Sir Peter Colleton recommended that negroes in Barbadoes should be clothed with dimity of the manufacture of that island, and that in no trade should any negroes be employed except as artificers to the masters of sugar works on their own plantations (357).
When Governor Sayle arrived at Ashley River in 1670 Indians. he was carried ashore by the Indians, who gave the stroking compliments of the country, and brought deer skins to trade with, for which they gladly took knives, beads, and tobacco. " A pretty sort of bread " made by the women and hickory nuts were brought. When Sayle came to the hut palace, the King took the Governor on his shoulders and carried him into the house in token of his cheerful entertainment, where they had nuts and root cakes, and water, " for they use no other liquor." While there, the King's three daughters entered the palace, all in new robes of new moss, which they are never beholden to the tailor to trim up, with plenty of beads of divers colours
xxxviii PREFACE.
about their necks. Governor Sayle could not imagine that the savages could so well comport themselves, coming in according to their age, saluting the strangers, and stroking them (255). Henry Woodward, in giving " a " faithful relation of his Westoe voyage, begun from the
u head of Ashley river," to the Earl of Shaftesbury in
^ December 1764, describes his reception by a concourse of
some hundreds of Indians, dressed up in their antique fighting garb, through the midst of whom he was conducted to their Chieftain's house, which, not being capable to contain the crowd that came to see him, the smaller fry uncovered the top of the house to satisfy their curiosity. The Chiefs made long speeches, intimating their own strength, and, as Woodvard judged, their desire for friend- ship with them. Their town consisted of many long houses, the sides and tops of which are of bark, and upon the tops of most are fastened long poles with " the locks of hair" of the Indians they have slain at the end. They are well provided with arms and ammunition, trading cloth, and other things from the northward, for which they truck skins, furs, and young Indian slaves. A young Indian boy was given to Woodward (1422). In Major-General Wood's relation of his discoveries across the mountains, " to the south or west seas," during two years of travel, upon which Locke has made many marginal notes, he gives graphic accounts of several tribes of Indians which he and his party visited, and many strange adventures are recorded by him in 14 pages of narrative (1347). All the names of the Indian emperors, kings, princes, sachems, and chiefs, as well as the different Indian tribes mentioned in this volume, will be found in the General
Index.
Maps. There are in this volume references to several maps of
the Colonies in America as well as of the West Indies. Sir
PREFACE. xxxix
Peter Colleton writes to " his honoured friend John Locke " that Mr. Ogilby is printing a relation of the West Indies, and wishes to get a map of Carolina, and he desires he will ask Lord Ashley for the maps of Cape Fear and Albemarle, so as to draw them into one with that of Port Royal, and he will wait upon his Lordship for the nomina- tion of the rivers, &c. And Sir Peter adds, if Locke would draw up a discourse to be added to this map in the nature of a description, " such as might invite people " without seeming to come from us," it would very much conduce to the speedy settlement of Carolina (715). The Sieur Sanson published two maps of Carolina some years after Ogilby's map was printed, in which the several counties and some of the rivers and capes are named after the Lords Proprietors, viz., Albemarle, Ashley, Berkeley, Clarendon, Carteret, Craven, and Colleton. John Ogilby was appointed cosmographer to Charles II., and supplanted Sir William Davenant as Master of the Revels in Ireland ; he was also the originator of " Paterson's Roads." His " Advertisement " at the end of this volume contains some of his contributions to cosmography -and a list of the several atlases he was engaged upon. His map of Africa was published in 1670, America in 1671, and the first part of Asia in 1673, but his Description of the British Monarchy, referred to in his " Advertisement," was not published until 1675, under the title of !' Britannia : a " description of the Kingdom of England and Dominion " of Wales." All these maps are to be found in the British Museum. Ogilby died in 1676, and was buried in St. Bride's Church, Fleet Street.
Augustine Hermann obtained a grant from the King in 1674 of the privilege of the sole printing of his map of Virginia and Maryland for 14 years, on the ground that he had been for several years engaged upon this
U 51912.
xl PREFACE.
map, which consisted of four sheets of paper, and that it was " a work of very great pains and charge, and " for the King's special service " (1210). John Seller held the appointment of hydrographer to the King, and his chart of the sea coast from the Land's End to the Cape of Good Hope is to be found with a dedication, in Latin, to the Eoyal African Company, abstract No. 937. His " English Pilot," published in 1671, Atlas Maritimus in 1675, and Atlas Celestis in 1677, are all in the British Museum.
Many names of places mentioned in this Calendar and on the old maps above referred to, are no longer to be found in modern atlases or gazetteers. It will be sufficient to quote one or two, as others will be noticed in the General Index, where are cross references to avoid in- convenience to the reader. Surinam is now merged in Guiana, while Hispaniola, or San Domingo, is called Hayti.
It is again my pleasing duty to express my best thanks to my colleague, J. E. Ernest S. Sharp, Esq., for his valuable assistance. «
W. NOEL SAINSBURY. 9th April 1889.
xli
LIST OF COLONIAL ENTRY BOOKS.
|
No. |
COLONY, |
DATE. |
No. |
COLONY. |
DATE. |
|
1 |
AFRICA |
1672 to 1686 |
25 |
HUDSON'S BAY |
1687 |
|
2 |
ANTIGOA - Acts |
1684 „ 1688 |
26 |
JAMAICA |
1658 Nov. 30 |
|
27 |
» |
1661 to 1674 |
|||
|
3 |
PROVIDENCE ISLAND |
1630 „ 1650 |
|||
|
28 |
» ~ |
1667 „ 1677 |
|||
|
4 |
» » |
1630 „ 1641 |
|||
|
29 |
» |
1674 „ 1681 |
|||
|
30 |
» ™ *• |
1681 „ 1684 |
|||
|
5 |
BARBADOES |
1627 „ 1674 |
|||
|
31 |
» " |
1684 „ 1687 |
|||
|
6 |
» |
1675 „ 1680 |
|||
|
32 |
»» |
1686 „ 1688 |
|||
|
7 |
» |
1680 „ 1688 |
|||
|
33 |
„ Inclosures |
1685 „ 1688 |
|||
|
8 |
» |
1688 |
|||
|
9 |
„ laclosures |
1678 „ 1688 |
34 |
„ Minutes of \ Council -/ |
1661 „ 1672 |
|
10 |
» » |
1679 „ 1688 |
35 |
» » |
1672 „ 1678 |
|
11 12 |
„ Minutes of"! Council - J » 5> |
1660 „ 1686 1687 „ 1688 |
36 37 |
" » „ Minutes ofl Assembly J |
1682 „ 1688 1661 „ 1679 |
|
38 |
,, - Acts |
1672 |
|||
|
13 |
„ Minutes of\ Assembly J |
1670 „ 1683 |
39 |
» - » |
1674 |
|
14 |
" >» |
1684 „ 1688 |
40 |
» • » |
1675 |
|
15 |
„ Acts |
1643 „ 1688 |
41 |
» ~ » |
1677 |
|
16 |
» » |
1682 „ 1688 |
42 |
» " »> |
1678 |
|
43 |
» ~ n |
1681 „ 1683 |
|||
|
17 |
BERMTIDAS- |
1615 „ 1686 |
44 |
» ~ » |
1681 „ 1688 |
|
18 |
?> ~ |
1686 „ 1688 |
|||
|
45 |
LEEWARD ISLES |
1670 „ 1671 |
|||
|
19 |
,, Inclosure |
1688 July 24 |
|||
|
46 |
>» |
1675 „ 1681 |
|||
|
20 |
CAROLINA - |
1663 „ 1683 |
47 |
» |
1681 „ 1688 |
|
21 |
» ~ ~ |
1674 „ 1685 |
48 |
„ Minutes of \ Council -J |
1680 „ 1688 |
|
22 |
5> |
1682 „ 1688 |
49 |
„ - Acts |
1668 „ 1672 |
|
23 |
„ Grants of Land |
1674 „ 1688 |
50 |
>» • » |
1668 „ 1682 |
|
24 |
„ Acts |
1663 „ 1688 |
51 |
» ~ 5> |
1680 „ 1688 |
U 51912.
xiii
LIST OF COLONIAL ENTRY BOOKS— continued.
|
No. |
COLONY. |
DATE. |
No. |
COLONY. |
DATE. |
|
52 53 54 |
MARYLAND „ Acts „ Minutes of"l Council - j |
1632 to 1687 I«40 „ 1676 1686 „ 1688 |
74 75 |
NEW YORK, Com- "| missions J „ Minutes of ) Council -/ |
1686 1687 to 1688 |
|
55 |
MONTSERRAT - Acts |
1668 „ 1688 |
76 |
PENNSYLVANIA |
1681 „ 1688 |
|
56 |
» » |
1680 „ 1688 |
77 |
SURINAM - |
1667 „ 1674 |
|
57 |
NEVIS - Acts |
1664 „ 1688 |
78 |
» • |
1668 „ 1677 |
|
58 |
» • » |
1680 „ 1688 |
79 |
VIRGINIA - |
1606 „ 1662 |
|
80 |
» |
1675 „ 1681 |
|||
|
59 |
NEW ENGLAND |
1620 „ 1639 |
81 |
»> |
1676 „ 1677 |
|
60 |
» |
1661 „ 1679 |
82 |
» |
1678 |
|
61 |
» |
1679 „ 1688 |
83 |
»» |
1681 „ 1685 |
|
62 |
»> |
1688 |
84 |
»> |
1685 „ 1688 |
|
63 64 |
„ Inclosures „ Minutes of "1 Council - J |
1686 „ 1688 1686 „ 1688 |
85 86 |
„ Minutes of"! Council -j „ Minutes of \ Assembly/ |
1680 „ 1688 1683 „ 1688 |
|
87 |
„ - Acts |
1661 „ 1684 |
|||
|
65 |
NEWFOUNDLAND - |
1623 „ 1671 |
88 |
» • » |
1661 „ 1688 |
|
66 |
j> |
1677 |
89 |
» " » |
1661 „ 1688 |
|
90 |
>» ~ » |
1661 „ 1688 |
|||
|
67 |
NEW HAMPSHIRE - |
1679 „ 1686 |
91 |
»> * » |
1661 „ 1688 |
|
68 |
NEW YORK |
1664 „ 1687 |
92 |
PLANTATIONS "1 GENERAL j |
1661 „ 1672 |
|
69 |
» |
1687 „ 1688 |
93 |
» » |
1663 „ 1684 |
|
70 |
•> |
1674 „ 1684 |
94 |
»> » |
1670 „ 1674 |
|
71 |
„ Grants of Land |
1665 „ 1688 |
95 |
5) »> |
1674 „ 1679 |
|
72 |
„ - Acts |
1667 |
96 |
•> >» ~ |
1675 „ 1677 |
|
73 |
„ Patents |
1686 |
97 |
» » |
1675 „ 1687 |
xliii
LIST OF COLONIAL ENTRY BOOKS— continued.
|
No. |
COLONY. |
DATE. |
No. |
COLON v. |
DATE. |
|
98 |
PLANTATIONS "1 GENERAL J |
1677, May |
104 |
JOURNALS OP THE BOARD OF TRADE. |
1675 to 1677 |
|
99 |
» » |
1679 to 1684 |
105 |
» » |
1677 „ 1679 |
|
100 |
» » |
1687 „ 1688 |
106 |
n 5> |
1679 „ 1682 |
|
107 |
)> j> |
1682 „ 1684 |
|||
|
101 |
LISTS OF ACTS |
1638 „ 1688 |
108 |
» 51 ~ |
1684 „ 1686 |
|
102 |
» » |
1668 „ 1688 |
109 |
» » |
1686 „ 1688 |
|
103 |
» » |
1687 „ 1688 |
COLONIAL PAPERS.
AMERICA AND WEST INDIES.
1669.
7. 1. Memorial of the Spanish Ambassador to King Charles II. Re- dan* ^- presents that the answer of Sec. Lord Arlington and Sec. Trevor to London, his paper of 8th August concerning hostilities committed by his Majesty's subjects of Jamaica is so different from what has been promised, that he is obliged to demand what was agreed upon in writing, and cannot determine upon the expedients offered till he receives orders from his Queen. But the truth of the account he gave his Majesty on the 12th December last of a new incursion of his Majesty's subjects of Jamaica upon Puerto Bello, pillaging and committing outrages scarce heard of, being now confirmed by the George and Samuel from Jamaica, by whose bills of lading it appears that besides what George Potts and other merchants re- ceived of plate, the share of every soldier was 600 (oz.) or SQL at half a crown an ounce, whence it may be guessed what quantity the officers, Governor, and their confidants had; the Ambassador desires that his Queen may have full satisfaction, and the Governor of Jamaica the punishment due for an incursion so unjust and contrary to the faith of the new Treaty of the general peace. And as other vessels are arrived with part of the booty, and the number of ships designed for Jamaica is increased, he desires that just restitution be made, and convenient orders given for the future. Annexed,
1. I. "The Spanish Ambassador's paper" [above referred to as delivered on 12th December last]. Being an account of what happened at the taking of Puerto Bello by the English of Jamaica under the command of John Doglar, which account he sent to Havre de Grace : — On 10-20 June 1668 we landed at Puerto Velo with 422 men in 28 canoes, leaving our ships 37 leagues off the west coast. On llth we advanced to the walls of Fort St. James, where were 30 pieces of artillery. After three or four hours hard fighting we assaulted the fort and made ourselves masters of the garrison, all of which refusing quarter were either killed, wounded, or cut to pieces. The next day we attacked Fort St. Philip, on the other side of the coast, where were 12 pieces of artillery, and after fighting three or four hours it surrendered. After remaining some
U 5191.2. Wt. 8023. £ i A
2 COLONIAL PAPERS.
1669.
days in said fort sickness broke out among our troops, of which we lost half by sickness and fighting, so that we were obliged to abandon these places and received 100,000 crowns from the Spaniards for retiring. Had we had 800 men we might have gone to Panama, about 18 leagues to the south of Puerto Velo, and have easily made ourselves masters of it, as also of the Kingdom of Peru. The chiefs of the Expedition were Henry Morgan, Commander-in-Chief, John Doglar, Julian John Salter, Enoch Clarke, Capt. Rudolph Court, Colliar, John James, Maurice. French. Together 3£ pp. [Col. Papers, Vol. XXIV., Nos. 1-2.]
1669 ? 2. Mem. " Your Honor" [? Under Sec. Williamson] is desired to request of the King a supply of fire arms and ammunition for the Somers Islands, also a convoy for the Comp. magazine ship, John Jenkins, Commander. Governor Sir John Hey don arrived at the Bermudas on 1 6th May 1669, in the magazine ship, Capt. John Jenkins. Lefroy, II. 286. \ p. [Col. Papers, Vol. XXIV., No. 3.]
1669. 3. The King to the Governor of Barbadoes. To seize the
Jan. 13. Mathew and Francis of 300 tons, Rich. Bread, Master, and the Sarah and Mary of 270 tons, Edw. Burton, junr., Master, laden in the Texel, upon the account of several Jews and others at Amster- dam, immediately they arrive in any port under his Government, and to proceed with rigour against them according to the late Acts of Navigation. Draft by Williamson. See No. 48. 1 p. [Col. Papers, Vol. XXIV., No. 4.]
T 1& 4. Memorial of M. Colbert, French Ambassador in England. n* 23? The Directors of the West India Company, having seen the answer
London, given by Sec. Lord Arlington to the French Ambassador, concerning the restitution of part of St. Christopher's to the English, represents that orders should be given to the Commissioners to enquire what is due for the maintenance of the English prisoners, and cause reim- bursement to be made. If the King desires that the English should have a year for re-entering their habitations sold to the French the Company submit that a year and a half has already elapsed, and three months would suffice. The nomination of Commissioners for the execution of the treaty is absolutely necessary, and will be very advantageous to both sides, if they have full powers to act in good faith. With regard to Acadia the Directors complain of the refusal of Sir Thos. Temple to surrender Pentagouet, St. John's, Port Royal, Cape Sable, and La Have, which he says compose Nova Scotia, before St. Christopher's is surrendered to them, although expressly ordered by his Britannic Majesty to do so ; the West India Company request that fresh orders be sent to him punctually to obey the first order, copy of which is annexed. Endorsed by Williamson, Rec. -|-f-. Encloses,
4. I. The King of France to M. De la Barre. Wrote to him on the 17th July, 31st Oct., and llth Dec. last concerning St. Christopher's ; but since then the Sieur Colbert has adjusted the whole matter with the Ministers of the King of England,
AMERICA AND WEST INDIES. S
1669.
and the King desires, whether he has received said letters or not, that he will execute precisely all that he finds in this despatch, which contains his final intentions. As soon therefore as this shall be presented to him he is to put those empowered by the King of Great Britain into possession of that part of the Island, as also of the forts, which the English possessed on Jan. 1, 1665, and re-establish those English in their goods and habitations which have not been sold to the French ; but such as have been sold are not to be re established until the price paid has been reimbursed, and if such reimbursement shall not have been made. within a year, no demand shall be made for same. The points of ameliorations and maintenance of prisoners to be accommo- dated by Commissioners to be named on either side; and the King of Great Britain has declared that the French who remain in the surrendered part of the Island shall receive equal justice with the English, provided they take the Oath of Allegiance. Said restitution to be made without delay or difficulty en pain of disobedience and rebellion. M. De la Barre is to make known his Majesty's pleasure to the Chevalier de St. Lawrence; and if De la Barre should have set out on his return home when this arrives; the Sieur de Baas, who will have succeeded, is to execute all con- tained herein. Endorsed by Williamson, French King's 4th Order for restitution of St. Christopher's. French. Together 6 pp. [Col Papers, Vol. XXIV., Nos. 5, 5 I.]
T 13. 5. Copies of the preceding memorial of M. Colbert and Louis 23~ XIV.'s letter to Mons. De la Barre inclosed. Together 5 pp. [Col. Papers, Vol. XXIV., Nos. 6, 6 I.]
Jan. 14. 6. Farmers of the Customs to the Clerk of the Privy Council. Custom House, Understanding that the Commissioners for Trade have given direc- on- tions for letters to be sent to the Governors of the Plantations blam- ing them for their neglect, and enjoining a strict observance of the laws concerning ships from foreign ships trading there, pray that (if not perfected) a draft thereof may be sent to the farmers, which shall without delay be returned. 1 p. [Col. Papers, Vol. XXIV., No. 7.]
Jan. 14. 7. John Style to Sec. Sir Wm. Morrice. Refers to his letter of Jamaica. 27 Oct. by Capt. Barnard Nicholls, wherein he presented his own sad and unjustly abused condition, and that his appeal to his Majesty and Council would not be allowed, and begged for com- mands to the Governor here for himself to return, either to be punished or acquitted. Has since been brought to his trial, of which he sends an account. Description of the island ; affirms it will maintain more people than England if it be as large as re- ported, viz., 7,000,000 acres, not an acre of which but yields some food for man or beast — the great increase of all things according to their kind. Lays down, according to his ability, such things as hitherto have hindered any great progress in this settlement, and
A 2
4 COLONIAL PAPERS.
1669.
which for ever will unless remedied. Begins from his own time in July 1665. For the first two years things went well forward, as appears by the number of patents taken out ; then the old soldiers, who call themselves the conquerors of the land, took advantage of the Dutch wars to work upon pretending danger to destroy their neighbours and keep up their own boundless tyrannical power under pretence of carefulness. Martial law was set up, and courts martial called at pleasure, and plarters obliged to come down 20 and 30 miles to keep guard, and not one Christian must be left at home. This was the first destruction of small settlements, and the hindrance of greater, and many were forced to sell their plantations to their lords and masters for what they could get, or else run from them and leave all. Had himself the boldness to inform the Governor of these great inconveniences, who said they should be remedied. Complains of the jurisdiction in the quarter sessions and courts of common pleas, which if continued, will prove the utter destruction of his Majesty's interest in this island — were the judges and justices men of discretion and knowledge, and not beasts, drowning the reason God hath given them with strong liquors. The first and chief is Lt.-Col. Cope, who knows not one letter in the book, yet of late hath learnt to write his name ; he was long imprisoned in Dublin and elsewhere to save him from the gallows his crime deserved. Then Capt. Olefield, a man con- demned to be hanged in England, but who got sent hither to labour as a servant. Maj. Ascough, judge of the Court of Common Pleas, Capt. Aileman, and Capt. Lahor, whose further description may be found in Job xxx., all trained up from boys in rebellion and murder. Capt.. Nelson, justice of the peace, is a stout man, one of the old soldiers and of good estate, but not being of their turn, is in all business left out. Abuses in the election of churchwardens ; the vestry raise what money they please and how they please, but the enquiry what becomes of it is not to be made ; " that is my crime, and I think that for it they have made me an example sufficient to deter all others." More than 500£. raised in the parish of St. John's under various pretences, of which he is certain the poor never had five pounds. The church not yet finished. Complains of sum- moning jurymen to the quarter sessions 16 and 20 miles off when there is nothing to do. States what he conceives ought to be done in order to the making the best advantage of this place and the peace and quiet of the planter, as to planting, feeding and breeding of horses, cattle, and sheep. Instances himself and two neighbours, about a mile and half a mile distant, who having fenced and secured what they had planted in two years, from a small begin- ning, got to such a great number that had such laws as he describes have been made they would have been able to have killed nearly a thousand fat hogs, if not more. Argues against the planting al- together with Indian commodities, which here are destructive. If this island were able to maintain itself with diet and other neces- saries what would become of the New England trade. The trade now consists principally in plate, money, jewels, and other things brought in by the privateers, who sell them cheap to the merchant,
AMERICA AND WEST INDIES. 5
1669.
and then are sent to New England and the Madeiras and returned chiefly in wine, brandy, and victuals. That a proportion of Christian indented servants or hired freemen should be allotted against such a number of negroes to secure the island from danger ; proposes that every one that has six negroes should keep one Christian servant and one hired freeman and so on, and be compelled to allow them food, clothing, and lodging ; also other regulations in reference thereto. The contrary to what he writes is justly a great hind- rance to the settlement of this island. Examination of their present strength. In St. John's, about 150 men; in St. Katherine's, where is St. Jago de la Vega, about 250 foot and 60 horse ; Port Royal, about 200; Lygonee, about 400; Clarendon, 160; Port Morant and Yellowes, 250 ; on the north side, 140, but they are mostly people run thither for shelter from creditors or masters ; in all 1,580, besides some merchants and few others not appearing on duty. Dares say there are not 300 Christians upon the whole island who would not be glad to be gone upon easy terms. The dangers of settlements being so far distant one from the other, and the difficulty of guarding against such. In Col. D'Oyley's time the enemy landed and were beaten off, but it is not now as then, for there was a considerable army of young lusty men under command and pay, but now almost all are gone, or dead, or out for privateers. About 800 privateers out on that employment. Questions, if there be need of their help, whether they would afford any, when they have none or so little interest upon land that they value it not ; gold and gain is the only god they worship ; they can drive the same trade with far more profit and advantage under French com- missions, paying neither tenths, fifteenths, nor waiting for Admiralty Courts ; they are the only able and serviceable men in this island. A second number, if shipping be saved, cannot be raised here or sent forth from hence ; H. M. ships Oxford and Lilly the chief defence of this place at present from foreign power. The settlement of Jamaica will never b'e in a better condition without a speedy supply from England of Christian planters, not merchants, as well as servants, and bringing up negro children in the Christian •religion. 10£ closely written pages. [Col. Papers, Vol. XXIV., No. 8.]
Jan. 14. 8. John Style to [Sec. Sir Wm. Morrice]. Since he wrote has [Jamaica.] happened the blowing up of the Oxford frigate and men. Refers to his past letters, but has little reason to expect to see any fruits of his labours, for before he was imprisoned he had notice he was waylaid to be murdered going to take ship, so his return for England might be hindered. Their malice is not now less than before, but does not accuse the Governor, or think it is with his good liking ; is persuaded as things stand he cannot help it because on Friday last he gave Style liberty to go home on giving good security not to go off the island, so is now going forward with English hus- bandry, and hopes by Christmas corn, hemp and flax. Must return to prison upon notice left at his house. 1 p. [Col. Papers. Vol. XXIV., No. 9.]
6
COLONIAL PAPERS.
1669. Jan. 18.
Jan. 18.
Jan, 21.
Whitehall.
Jan. 21.
Whitehall.
Jan. 22.
Jan. 29.
Jan.?
Whitehall.
9. Peter Du Moulin to Sir Edwd. Walker. In reference to his desire for an explanation of the third proposal in the address of the Council of Trade to his Majesty, touching the Plantations, is com- manded to let him know that said Council took that proposal from the Act of Navigation, 12 Car. 2, wherein it is provided that no goods be brought from his Majesty's Plantations, but in ships that belong to, and whereof the master and three-fourths of the mariners are English, on penalty of forfeiture of ship and goods, and that all ships of war or ships having commission from his Majesty be required to seize them, which Act is further explained by the Acts of 14 and 15 Car. 2, and they intend that his Majesty's ships of war should have instructions, and any other ships desiring a commission might, on giving security, be commissioned accordingly. H PP- [Col. Papers, Vol. XXIV., No. 10.]
10. Mem. by J[oseph] W[illiamson] of a despatch delivered to Mr. Champante to be sent by the William and John, Samuel Weaver, Master, for Barbadoes, the 18th Jan. 1668-9. [Col. Papers, Vol. XXIV., No. 11.]
11. Petition of Margaret Griffith, prisoner in Newgate, convicted of felony, and desiring to be transported to Virginia, referred to the Lord Chief Justice or Mr. Recorder, who sat on her trial, to consider and report to his Majesty. Minute. [Dom. Entry Bk., Chas. II., Vol. 33, p. 4.]
12. Petition of John Ludlowe, convicted of felony to the value of 14s. Qd, and desiring to be transported to some of his Majesty's Plantations, referred to the Lord Chief Justice or Mr. Recorder, who sat on his trial, to consider and report to his Majesty. [Dom. Entry Bk., Chas. II., Vol. 33, p. 4]
13. Henry Wasey's acknowledgement of the receipt of a letter from Richard Elkin " by his hand directed to Lord Willobey in Barbadoes." Endorsed, " Against Jewes and Dutch Traders." [Col. Papers, Vol. XXIV., No. 12.]
14. Warrant to the Sheriffs of London to discharge Margaret Gryffyth, convicted of felony at the Old Bailey the 14th Oct. last, on her giving security for her transportation into Virginia, to live with her brother there, f p. [Dom. Entry Bk., Chas. II., Vol. 30, pp. 99, 100.] Another warrant to tJw same effect is dated 3 March, ibid., p. 115.
15. The King to Wm. Lord Willoughby and Council at Barba- does. To cause the demands of the owners of the Pearl to be fairly examined and payment made for the expences, freight and damages of same in accordance with the Order of Council of 18th Nov-. last, taking care to settle the account as low as may be within the sum already certified, and registering the orders of payment in a register to be kept for debts of this kind. Draft with corrections by Williamson. See No. 20. 1 p. [Col. Papers, Vol. XXIV., No. 13.J
AMERICA AND WEST INDIES.
1660. Jan. ?
Feb. 3.
Whitehall.
Feb. 3.
Feb. 6.
Feb. 10.
Feb. 18.
Port Royal, Jamaica.
Feb. 19.
Feb. 26.
Whitehall.
16. Copy of preceding, with corrections by Williamson. 2 pp. [Col. Papers, Vol. XXIV., No. 14.]
17. Sir John Trevor to Sir Edward Walker. To deliver to Peter du Moulin the papers in his custody relating to Surinam. •£• p. [Col. Papers, Vol. XXIV., No. 15.]
18. Keceipt of Peter Du Moulin for 4 papers concerning Surinam from Sir Edward Walker, viz. : — 1. Abstract of the narrative sent by Major Bannister, Governor of Surinam. Aug. 2, 1668. 2. Letter from Lord Willoughby of llth Aug. 1668. 3. Copy of Lord Willoughby's letter to Admiral Crynsens. 4. Letter of Lord Wil- loughby to the Lords of the Council, received 27th Oct. 1668. ^ p. [Col. Papers, Vol. XXIV., No. 16.]
19. Mem. in the handwriting of Under Sec. Williamson con- cerning the restitution of St. Christopher's. Lord Willoughby never agreed nor treated with De La Barre for an equivalent. N.B. We do and must insist on reparation of damages for non-execution on the French part. Plantations : by what we have yielded of repaying first, no man will be restored, none being able to pay. French delays were upon the points of reimbursement, ameliorations and the entertainment of prisoners. Indorsed: Feb. 6, 1668-9. i p. [Col. Papers, Vol. XXIV.} No. 17.]
20. The King to Lord Willoughby, or other Commander-in-Chief for the time being, and to the Council of Barbadoes. Fair copy of draft letter dated January See ante, No. 15. 1^ pp. [Dom. Entry Bk., Chas. II., Vol. 31, p. 17-
21. Richard Browne to Williamson. Gave him account about a month since of the unhappy blowing up of the Oxford Frigate and the taking of M. La Vivon, of the Cour Volant, of 18 guns and 10 petar- ders, which was condemned as a Pirate; she is now called the Satisfaction, and victualled for four months, to go as a Privateer against the Spaniards in the Bay of Campeachy ; goes surgeon in her. Here is one, John Johnson Romane, of the West Friesland of Home, ready to sail for Holland ; her consort was taken six weeks since by a French privateer, and made a man-of-war of 12 guns, which now lies cruizing about the port for this vessel, but as she is going in our company, presumes they dare not meddle with her. Here are 10 sail of ships lading for England, the products of this country. Indorsed: Rec. 4 May. 1 p. [Col. Papers, Vol. XXIV., No. 18.]
22. Warrant to the Sheriffs of London to discharge John Ludlow, convicted of felony, on giving security to transport himself to some of His Majesty's Colonies or Foreign Plantations, f p. [Dom. Entry Bk., Chas. IL, Vol. 30, p.
23. Order in Council. Notwithstanding some reasons and pre- tensions alleged by Sir Thomas Temple why Alexandria and Caledonia, Members of Nova Scotia, should not be surrendered to the French King as part of Acadia, it is ordered that Sec. Lord Arlington forthwith prepare a second order to Sir Thomas for the
8 COLONIAL PAPERS.
1669.
present delivery of Acadia to the French King according to the Treaty of Breda in the very same terms as the former order. £ p. [Col Papers, Vol. XXIV., No. 19.]
Mar. 2. 24. Sir Thomas Temple to Sec. Lord Arlington. His last two letters were sent by Captains John Fayreweather and John Long, with a map of Nova Scotia, the best he could get. His vessels are now returned 'from Port Royal, which is in the same posture as before the Monsieurs arrival, as are all the rest under his command, though these motions have put him to excessive charge. Was about to return to England when intelligence came from Nevis that St. Christopher's was speedily to be delivered to His Majesty ; whereupon, considering that His Majesty sent him word in his last letter of 1 Aug. 1668 that M. Colbert was then to come to England with new overtures concerning Nova Scotia, he thought it his duty to remain till His Majesty's further pleasure were known. Has fully informed his Lordship of his sad condition, unless His Majesty, in case Nova Scotia be surrendered to the French, should make provision with the French Ambassador to reimburse Temple what he paid M. De La Tour for the purchase of his lands in Nova Scotia and Acadia, extending about 1,000 miles along the sea coast. Beseeches him to be a means to His Majesty that he may be heard in his defence as to anything Mr. Elliott hath to object against Temple. The country never yielded above 900?. per annum in furs and elk skins, and Elliott receives 600?. Has had to pay merchants 180?. yearly to remit it. Has already paid 2,600?. to Elliott in London and 700?. more to merchants here for returning it to Elliott there in old English money. Thos. Breedon, who Temple employed in England to make his addresses to His Majesty, on his return from Breda worked so craftily with Elliott and the Lord Chancellor that this part of the country, which is propriety and Temple's purchase confirmed under the Great Scale of England, was given to Elliott, " under the pretence that I was a delinquent and a great Crorn- wellist; though I made it appear to his Majesty at my arrival into England, by old Mr. George Kirke, then Master of Whitehall, that the true reason of coming into these parts was to fly Cromwell's fury, for having laid a design for his late Majesty's escape when he was at his trial ; which Mr. Kirke, if he be alive, will inform your Lordship I had very near effected, having made a brother of mine, Col. Edmund Temple, captain of the guard for one night of his Majesty's person ; it coming to Cromwell's ears I was privately advised by the then Lord Fiens (in great favour with Cromwell) to absent myself till the times might be more propitious, he being my kinsman ; and my old Lord Say, my very good friend, and my uncle advised and assisted me in making this purchase, which, as I have declared, was thus injuriously and unjustly given to Mr. Thos. Elliott, who gave the government to Captain Breedon, he indenting to pay fine 600?. yearly. So soon as I was informed of the treachery I repaired into England, and finding Mr. Kirke alive he very nobly informed his Majesty of the truth, who very graciously gave me the government again ; but finding the Chancellor then so great in favour, and Mr.
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Elliott, their power being too great for me to struggle with, I con- sented to give Mr. Elliott the 600?. Breedon promised him, and performed it until the war, and then also he pressing for his rent as he termed it, I sent him a ship with 40,000 Ibs. weight of sugar and 500?. bills, which was unfortunately taken in sight of Barbadoes by a Zealander, which great loss I was never able to repair, the ship being wholly my own, and indeed all I ever had in my life."
Beseeches pardon for acquainting him with his sad miserable con- dition. Has never had above 120?. a year to live upon since his last coming over, more than seven years ago ; but has supported our pigmy war with the French, and preserved the King's country at his own proper charge, which has cast him into a debt of 5,000?., for which he has mortgaged his very house and goods. Has never received the least comfort or assistance from the Lord Chancellor or Mr. Elliott, and has not dared to write to his Majesty, in which he now finds he committed a great mistake. His only hope is in Lord Arlington's noble disposition and favour ; being altogether friendless, and receiving intelligence that Elliott intends to take away both his government and propriety, and now being near 60 years of age, infirm and broken with grief and cares, and much in debt, his intentions are to make all speed to London so soon as he receives his Majesty's pleasure concerning this country. Is sensible that this is a most impertinent letter, yet hopes God may inspire his Lordship's heart to do a charitable deed to a friendless person in dis- tress, (" a rare thing I confess at Court/') for bis Lordship spoke so obligingly when Temple took leave of the King at Hampton Court, that the very thought thereof has kept his heart up ever since. 4 pp. [Col Papers, Vol. XXIV., No. 20.]
March 2. 25. Sir Thos. Temple1 to Sec. Lord Arlington. Excuses for Boston, his having insensibly fallen into presumption and impertinent tediousness in the above (inclosed) letter, and begs his Lordship's favour to hinder Elliott from doing Temple any injury before he has time given to answer for himself. . Hopes Lord Anglesea will join in his behalf to the King, and that his Majesty will be informed that Temple was never in any capacity to open the rich copper mine whereof he left a piece in his Majesty's hands, for Elliott promised to send miners, but they never came. His inten- tions are for London as soon as he receives his Majesty's pleasure concerning Nova Scotia, but if the King part not with it to the French King, Temple will at his coming reveal a way to improve this country so as in a few years to bring in a greater revenue to the Crown than he dares to write, for fear his Lord- ship should think it a romance, or some end of his own ; but will not desire one penny benefit to himself. Annexed,
25. I. A breviate of the purchase by Sir Thos. Temple, Governor of Nova Scotia, for his Majesty, with M. de la Tour, of all his lands in Nova Scotia and part of Acadia, all duly passed under the Great Seal, with rent paid to Elliott, &c., all lands from Marliquesta on the East to La Have, Port de La Tour, Port Koyal Mines, Seganecto, St, John's, and
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Pentagoet bordering on New England on the West ; for which was paid, to Maj. Gibbons and family, 3,350?. ; to Maj. Leverett, 1,800?. ; to M. De La Tour, about 1,200?. ; for seven years rent, &c. to Mr. Elliott, 5,460?. ; for building at Port Rosi- gnol, Port La Tour, Port Royal and St. John's, about 1,1 50?. ; owing by the French at Port Royal, about 700?. ; and by the Indians, 2,600?. ; total, 16,260?.; of which there is still due to noblemen, gentlemen, and merchants in Old and New England to the value of 7,000?. Together 3 pp. [Col. Papers, Vol. XXIV., Nos. 21, 21 i.]
March 2. 26. Petition of Sir Gilbert Talbot, Knt., [to the King]. For the Whitehall, estate of John Colleton, planter in Barbadoes, forfeited to his Majesty by killing one Yeamans, a planter there. With reference to the Commissioners of the Treasury to give order for passing it to him in such manner as they shall find necessary. £ p. [Dom. Entry Bk., Chas. II., Vol. 33, p. 11.]
March 3. 27. Petition of Major Wm. Nedham, Joseph Archer, and 19 others to the King. The Petitioners being commissioned to go against the Indians on the coast of Guiana, his Majesty's enemies, did long after the peace with the Dutch put into Surinam, where being unjustly seized by Admiral Crynsens, they were sent in irons into Zealand, and used with extraordinary cruelty, where they have been many months waiting to represent their condition, being not able to subsist for want. Pray his Majesty to order some compensation for their subsistence, till there may be satisfaction had for their sufferings. Endorsed, Rec. 3rd March. Read 5th March 1668-9. 1 p. [Col. Papers, Vol. XXIV., No. 22.]
M 4. 28.- Declaration of Peter Van Buytene, Notary Public of T4. Amsterdam, in the presence of Gerrit Slechtenhorst, Adrian Ger-
Amsterdam. ritson, Peter Jacobson, William Abrahamson, and Claes Ripse; also on behalf of Oloff Stevenson, Dirck Van Oleeff, Immetge Volckerson, Marritge Van Doesburch, and the wife of Maes Cornelis- son, all in this country, subjects of his Majesty of Great Britain dwelling at New York and Albany, impowering Jaques Cousseau, a subject of his Majesty at New York, to entreat his Majesty, the Duke of York, and where else is requisite to obtain freedom for them, their families, and companions to sail to New York by a certain vessel made in New England, lying at Amsterdam, and belonging to New York, they being not able to depart to their respective habitations in the ship that sailed hence to New York last winter. Endorsed, "Received 2nd April 1669. Read in Council, April 14th 1669." Certified translation from the original Dutch. 2£ pp. [Col. Papers, Vol. XXIV., No. 23.]
[1669.] 29. Petition of James Cousseau and Frederick Phillips, in behalf of themselves and other free denizens of New York and Albany, to the King in Council. On the 23rd June 1668, Petitioners, owners and masters of the ship Fort Albany, built at Barnstable, New England, and belonging to New York, obtained a
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March 5.
March 6. Whitehall.
March 8.
pass from the Governor of New York for said ship to make her voyage out of Europe to New York ; and they also obtained a pass from the Duke of York, dated 24th Oct. last. But by .reason of a later order of the 18th Nov. which puts a restriction on Dutch ships trading to that Plantation, several families, denizens of New York and Albany, now in Amsterdam, where said ship is ready to receive its lading, are unwilling to ship themselves and goods unless Petitioners may enjoy the privilege of said pass. Wherefore, as Petitioners and said families are in danger of being ruined unless they can transpot themselves and goods in said ship to New York, and forasmuch as the Duke of York has been authorised to grant a pass for the King Charles, a Dutch ship, not- withstanding the said order of restriction of 18th Nov., Petitioners (" being the first proprietors of any ship which as yet hath belonged to the said port of New York ") pray that said ship may be permitted to proceed on her voyage, or that said order of restriction may not extend to hinder said ship from trading to New York as an English built ship. Endorsed, " The Petition of James Cousseau and Frederick Phillipps and others, 1669." 1 p. [Col. Papers, Vol. XXIV., No. 24.]
30. Petition of William Griffith, on behalf of John Style of Jamaica, to the King and Council. Refers to a previous petition of John Style of 26th Feb. last, setting forth the grievances and sufferings of himself and other planters in Jamaica, from which the Governor gave them no redress, so Petitioners appealed to his Majesty, and in order to the prosecution of the same, licence was taken out for John Style's departure thence in the next ship home- ward bound, but he was apprehended by warrant from the Governor, kept close prisoner, and bail refused. Forasmuch as his Majesty has thought fit to refer the examination of said petition to the Lords Commissioners of Foreign Plantations, prays for order to said Governor of Jamaica to permit said John Style to go aboard the next ship from thence homeward bound. Endorsed, Rec. and read March 5-6. \ p. [Col Papers, Vol., XXIV., No. 25.]
31. Petition of William Earl of Kinnoul to the King. Desiring to be restored to his estate in St. Christopher's, or have a considera- tion for his interest therein. With reference to Committee for Plantations to report to the end his Majesty may give Petitioner just satisfaction. \ p. [Dom. Entry Bk., Chas. II., Vol. 33, p. 12.]
32. The King to Sir Thomas Temple, Governor of Nova Scotia. Whereas by letter of 31 December 1667 his Majesty signified his pleasure for the immediate restoration of the country of Acadia to the French King, and by letter of 1 August directed him to forbear the delivery thereof until further order ; his Majesty's final pleasure is, that according to his said letter of 31 December, he immediately give order for restoring, without any delay or difficulty, the said country of Acadia to the said King or such as he shall thereto appoint under the Great Seal of France. Draft, with cor- rections in Williamson's hand. 1 p. [Col. Papers, Vol. XXIV. No. 26.]
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March 22. 33. Commission to Sir John Yeamans, Col. Philip Bell, Col. Whitehall. Samuel Barwicke, Col. Win. Sharpe, and Capt. Philip Payne, or any one or more of them, to demand and receive that part of St. Christopher's which his Majesty's subjects possessed on January 1, 1665, in pursuance of the Treaty of Breda and of orders from the Most Christian King and the West India Company. All previous commissions, particularly one dated 13 February 1668 to Wm. Lord Willoughby, Col. Morice, Col. Hooper, and Lieut.-Col. Lambert to be revoked. 3 pp. [Col. Papers, Vol. XXIV., No. 27.]
March 22. 34. Draft of preceding, with corrections by Williamson. 2 pp. [Col. Papers, Vol. XXIV., No. 28.]
March ? 35. Draft in Williamson's hand of part of the above commission, i p. [Col Papers, Vol. XXIV., No. 29.]
March 22. 36. Commission appointing the above-named Commissioners Whitehall, finally to determine and adjust all differences and disputes that may arise concerning the putting in execution the orders for the restitution of that part of St. Christopher's which the English possessed before the declaration of the late war. 3 pp. [Col. Papers, Vol. XXIV., No. 30.]
[March ?] 37. Draft of preceding, mostly in Williamson's hand, with cor- rections. Indorsed by him, Powers to adjust differences. 2 pp. [Col. Papers, Vol. XXIV., No. 31.]
March 22. 38. Mem. of a Warrant to the Lord Keeper to seal two Instruments for receiving St. Christopher's and composing the differences that may may arise thereupon. [Dom. Entry Bk., Chas. II., Vol. 30, p. 121 <f.]
March ? 39. Instructions to Sir John Yeamans and the other Commis- sioners above named for the amicable composure of differences that may arise between his Majesty and the French King about the restitution of St. Christopher's. To give the Sieur De la Barre notice of their Commission, and adjust with him the time and place of meeting with the French Commissioners. The great difficulty which his Majesty can yet foresee will occur in that which concerns the re-entry of the English into such of their estates as have been actually sold to the French, for. which provision is made in the 8th article of the treaty, and which is therefore to be the rule to determine those differences. As to all moveables, the words of the article are express that they shall not be restored till the price paid for them be first refunded by the English. As to immoveables, as lands, houses, plantations, &c., his' Majesty, having seriously considered the matter, finds upon the whole that he could not evince that the word Bona in the treaty did not also signify im- moveables, his Majesty has therefore concluded to make the case of lands, houses, &c. the same with moveable goods, and the English must agree to repay what they have actually received for their estates before same are restored to them. If within one year and a day from the time that the French Bang's orders of the -j^- January
\
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last are presented to the French Commander-in-Chief, the English shall not refund the price paid for said goods and estates the same shall for ever remain to the French that bought them. 4 pp. [Col. Papers, Vol. XXIV., No. 32.]
[March 24.] 40. Petition of several officers of Sir Tobias Bridge's regiment to the King. Whereas they have already presented a petition to his Majesty representing the miseries they have indured since their going to the West Indies, and the miserable condition they are in at present, upon which his Majesty ordered a committee to consider how said regiment might be paid. Petitioners, being pressed daily to it by their fellow sufferers, beg his Majesty "to order some speedy course for the payment of them their arrears, as also for the future, and not to suffer so many of your subjects and their relations to perish for want of their pay." " Received March 24. Read at Committee the 27, 1669." 1 p. [Col Papers, Vol. XXIV., No. 33.]
March 24. 41. Memorial of " the persons concerned in Carolina " to the King. Surinam being more proper for the production of sugar than any of his Majesty's Plantations, the Dutch are in great hopes to beat the English out of that -trade, but the Dutch are no planters, and should the English and their slaves be removed Surinam must sink. These planters are willing to quit Surinam, and in regard many of them are desirous to* remove to Port Royal, in Carolina, Memorialists offer that if his Majesty will send a ship of war to demand these people and protect their ships, they will, at their own charge, send two ships to transport those willing to Port Royal, with victuals and necessaries, or if his Majesty will add a fly-boat or other vessel they will fit her with masts for his Majesty's use. Endorsed, Received 24 March 1668-9. Read the same day: sus- pended till we hear from Holland. \ p. [Col. Papers, Vol. XXIV., No. 34.]
[April 5.] 42. Memorial to the Duke of York. 1. That he move his Majesty to allow 2,000?. yearly for the security of those his domi- nions [in New York] by garrisons. 2. That he obtain permission that his Majesty's subjects in Scotland, who shall be induced to take conditions as planters, may not only transport themselves but be allowed to make voyages thither and thence, or remain on account of the fishing trade or transporting commodities of the growth and manufacture of his Majesty's territories to Barbadoes and other Plantations. Endorsed: "Read in Council, April 5, 1669. Scotch ships to trade to New York." I p. [Col. Papers, Vol. XXIV. No. 35.]
April 5. 43. Order in Council. On the proposal of the Duke of York ordered that H.R.H. be authorised to grant passes for two- Scotch ships, one of 500 tons and the other of 250, to pass from Scotland to New York with such as shall desire to plant there, and to trade between said places, or remain at New York on account of the fishing trade or for transporting the growth and manufacture of that place to any his Majesty's Plantations. Provided that said ships do not carry said commodities to any foreign territory,
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Endorsed : " Read in Council, 16th April 1669. Read in Council, 23rd April 1669." 1£ pp. Printed in New York Documents, III., 180. [Col. Papers, Vol. XXIV., No. 36.]
[April 6.] 44. Petition of Nathaniel Kingsland, on behalf of himself and William Sandford of Barbadoes, to the King and Council. Having suffered great outrages at Surinam by command or permission of Lieut-General Henry Willoughby, and finding no remedy from Lord Willoughby, Petitioners addressed his Majesty ; whereupon this Board on 8 July last signified to Lord Willoughby that these matters should be redressed, or " that Petitioners have the law open." But on said letter being delivered to Lord Willoughby he put Kings- land out of commission, and resolved to bring him to England and ruin him. Prays that his Majesty will appoint a day for hearing that if Petitioner appears to have right they may be relieved. Endorsed : " Read in Council, April 6, 1669." 1 p. [Col. Papers, Vol. XXIV., No. 37.]
April 7. 45. Petition of Jacob Lucy and Samuel Swinnock of London, Merchants, and Company, to the Lords Commissioners of his Majesty's Treasury. That his Majesty, by letters patent of 3rd April 1666, thought fit that the commodities of Jamaica should not be burdened with any impost or custom, for five years from 18th February 1663-4. That Petitioners freighted the Mary and Jane for Jamaica, which arrived at Plymouth from thence 26th January 1668-9, but could not recover the port of London till about 18th February, when the time limited was expired. But as said ship would have arrived if wind and weather had permitted, Petitioners pray for a warrant to the Farmers of the customs, to permit Petitioners to unlade said goods without paying custom. Read April 7, 1669. The petition to be sent to the custom Farmers, who with the Petitioners are to attend the 21. April 21. The Lords will present the case to his Majesty. Read in Council April 29, 1669. Granted. Annexed,
45. i., ir. Affidavits of Barnard Nicholas of Jamaica, Commander of the Mary and Jane, and Francis Dilly of Wapping, Master. That said ship arrived at Plymouth from Jamaica 26 January 1668-9, but they could not bring her to London, by reason of foul weather, till the time granted for importing merchandise from Jamaica free of custom wa,s expired. 1668-9. March 17. Together 3 pp. [Col. Papers, Vol. XXIV., Nos. 38-40.]
April 13. 46. The titles of twenty Acts passed at a General Assembly begun Maryland, and held at St. Mary's, 13 April 1669, viz.: An Act for the contin- uance of peace with and protection of our neighbours and confed- erate Indians in Choptanke river. 2. Limiting ordinary keepers. 3. For limitation of certain actions for avoiding suits at law. 4. For providing of sufficient freight and carriage for the proper goods and commodities of his Lordship the Lord Proprietary of this Pro- vince and of the Governor of this Province for the time being. 5. For reviving of certain laws within this Province. 6. Of gratitude to the Lieut.-Gen. Chas. Calvert. 7. Limiting the extent of all
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April 16.
April 21.
Barbadoes.
April 21.
Barbadoes.
attachments and providing what shall be levied upon attachments and executions. 8. To avoid double payment of debts. 9. For marking highways and making the heads of rivers,creeks,branches, and swamps passable for horse and foot. 10. For payment of money debts with tobacco. 11. For recording the Journal of the Lower House. 12. For the relief of prisoners taken in execution. 13. Providing what shall be good evidence to prove foreign debts. 14. For encouragement of such persons as will undertake to build water mills. 15. Appointing court days in each respective county in this Province. 16. Provi- ding against sheriffs taking excessive fees. 17. For preventing servants and criminal persons from running out of this Province. 18. for the revival and amendment of an additional Act concerning the payment of fees due from criminal persons. 19 and 20. Two Acts for the payment of the public charges of this Province. All said laws passed under the great seal of the Province, 27 May 1669. Together 48 pp. [Col. Entry Bk, No. LIII., pp. 129^177.]
47. Order of the Committee for Trade and Plantations. That the petition and address of the planters and inhabitants of Barba- does, and the addresses from Antigua, Montserrat, and the rest of the islands under the government of Lord Willoughby, be seriously considered by his Lordship, who is to extract out of them in writing such articles of their demands as he shall think fit for his Majesty's concession, and offer them to this Committee to be reported to his Majesty in Council for his Majesty's approbation and further direc- tion. Endorsed, Referred to Lord Willoughby. Draft with corrections. I p. [CoL Papers, Vol. XXIV., No. 41.]
48. Chr. Codrington, Deputy Governor, to [Sec. Lord Arlington]. In the absence of his Excellency has received his Majesty's commands of 13th January [see ante, -No. 3] for seizing two ships for having infringed the Act of Navigation. Had already seized and brought to trial the Matthew and Francis, but through some ill management she was acquitted ; but will bring her to a new trial. The Sarah and Mary is not yet arrived, but will not fail in his duty ; being very glad to find himself so well backed by his Majesty's commands, since his former actions of this nature have with some gained him the imputation of severity. Conceives the customers in England give some occasion to such things, by permitting ships from Holland to touch in England and bring certificates, upon which license of trade hath always been heretofore granted. Endorsed, Aug. 21, 1669. 2pp. [Col Papers, Vol. XXIV., No. 42.]
49. Sir Tobias Bridge to [Lords of the Privy Council]. Sends herewith, in obedience of their Lordships' commands of 31st July last, account of the receipts and disbursements of his Majesty's moiety of the duty of 4£ per cent, in this island from 14th October 1668 to 14th April 1669. Has paid already four months half-pay to the officers, two months quarters for the soldiers, and has completed the soldiers' pay for two months on the muster of 20th October, besides a good part of 85,361 Ib. of sugar for provisions sent with Lieut.-
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Colonel Stapleton and Captain St. John, together with the salaries of the officers of the Custom House. There was always allowed 10 per cent to the chief collector, which is charged in the account for himself and deputy ; if it be thought too much, is very willing to submit to what their Lordships shall direct. Has not been idle in improving his Majesty's revenue. It is impossible to have an account from the other islands so soon. Will send the muster rolls of the four companies to Leeward as soon as received. 1 p. [Col. Papers, Vol. XXIV., No. 43.]
April 21. 50. Petition of the Farmers of his Majesty's Customs to the King.
(Received.) Having taken notice of an Order in Council which gives liberty to two Scotch ships to pass from Scotland to New York, &c. (see ante, No. 43), and finding some ambiguous words, especially in the last clause, which seem to mean that they may trade with any of his Majesty's dominions, not excepting Scotland, and having cause to believe that the end thereof is to settle a trade betwixt the Planta- tions and Scotland, and that these ships, under pretext of this order, may withdraw above 7,000?. per annum from the Customs in England, and deface three Acts of Parliament made in direct oppo- sition to it, pray his Majesty to revoke said order, or make this condition, that they first touch in some port of England and there pay custom, and enter bond not to carry any goods to any other place than England or the Plantations, " for otherwise they will be in a more free and unlimited condition than any free built ship of England and out of the reach of any English law/' Signed by Richard Browne. Endorsed: Received 21 of April 1669. Read in Council 23 April 1669. 1 p. Printed in New York Documents, III., 180-181 also copy. [Col Papers, Vol. XXIV., Nos. 44, 45.]
April ? 51. Reply to preceding petition of the Farmers of .H. M. Customs. The whole design of the Duke of York in obtaining permission for two Scotch Ships to trade to New York and transport planters there is merely for the general good of those of his Majesty's late acquired Dominions. It is acknowledged that by the said Acts of Parliament English built ships only are permitted to trade in the Plantations, yet certain merchandize from Scotland and Ireland may be shipped in either Kingdom in English built ships, so that the main objection lies upon the ships being Scotch, and not on the voyage, passengers or planters as Scotchmen, nor on the accommodation of necessaries for any number of considerable planters, and that the pretended damage is denied, and that the farmers themselves may be convinced of our just intentions if his Majesty so ordain, they will (as the farmers desire) give security not to carry goods to any place but England and the Plantations, paying custom as the law directs. No Scotch ship can possibly (without ruin to the adventurers) engage in her outward voyage to touch in an English port, by reason of demurrage on contrary winds or other accidents. As to the burden of ships, smaller ships will be of no great use to a Plantation that affords horses, boards, timber frames, houses, and other bulky goods
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for trade to Barbadoes and the Leeward Isles, besides their return to England (if laden) will be more acceptable to the farmers than smaller ships. Other Plantations have by his Majesty's royal pro- genitors and himself been given temporary exemptions from customs, and New York stands in as much need of the like grace, yet they only importune the privilege for these two Scotch ships not to touch in England outward bound, for if brought into an English port they wiU not yield to the farmers any considerable profit worth naming, necessaries to planters being no wise liable to pay customs. Lastly, it is for the security and welfare of Plantations, in great measure seated with Dutch, Swedes, and Finns, that such of his Majesty's born subjects as desire to be transported thither may not want Royal encouragement, by which means the numbers of his Majesty's foreign subjects ma^ in a short time be balanced if not exceeded by his Majesty's native subjects. 2 pp. Printed in New York Docu- ments, III., 181-182. [Col. Papers, Vol. XXIV., No. 46.]
April 22. 52. M. De Baas, French Lieut. -General in America, to Henry May 1. Willoughby, Governor of Antigua. Sent advice to Barbadoes in St. Feb. last to Lord Willoughby of his powers for tendering that part Christopher's. Of gt Christopher's which in Jan. 1665 belonged to the English, but has received no positive answer. Conjures him, in the absence of Lord Willoughby, to come and receive the same, " as I intend per- fectly to repossess you, and to re-establish a firm peace and of long duration." Incloses,
52. i. Protest of De Baas. That as soon as his master sent him to command in America, he was ordered to surrender the English part of St. Christopher's, that in the beginning of Feb. last the Comte d'Estre'e sent a vessel to Barbadoes to give notice of their powers, but the Governor returned an ambiguous answer, and they have not received any news since. Has sent to Lieut.-Gen. Willoughby at Antigua to declare that if within one month some person does not come with sufficient order from the King of England and the order of their King of 31st Oct. last, to receive that part of St. Christopher's, they have no power to make restitution, but will keep the same until their King shall give them a new power. Protests that the delay cannot be imputed to France, and against all costs and losses which said delay may occasion to the French King and his subjects. Together 2| pp. [Gol. Papers, Vol. XXIV., Nos. 47, 47 i].
[April 23.] 53. Answer of Win. Lord Willoughby to petition of Nathaniel Kingsland [see ante No. 44]. Believes it true that before the taking of Surinam by the Dutch, Petitioner was possessed of a plantation and negroes there, farmed to William Sandford, his nephew, at the rendition of which Colony all the estates of absent persons were confiscated to the Dutch, amongst them his son Harry's, left to him by Fras. Lord Willoughby, and Petitioners, but in said articles was one in favour of agents or tenants living on said confiscated estates, that they were to retain possession for the time of their agreement with their employers, paying to the States of Zealand what they were bound to pay to their employers.
U 51912.
18 COLONIAL PAPERS.
1669.
But Sandford refused to continue on his uncle's estate, and the Dutch having him in suspicion, commanded him off from the Colony, and placed Charles Nightingale to manage the plantation for the States of Zealand, who continued possessed till the Colony was retaken by Harry Willoughby on 7th Oct. 1667. Before the taking it was concluded that all estates formerly confiscated to the Dutch should be equally divided between the officers and soldiers, who were to have no other pay for their services, and accordingly Harry's estate and negroes, as well as Petitioner's, were seized and divided. Sandford was but a private soldier, and. of no more use than any other ; but one John Kettle, an old planter, was chief guide and director ; notwithstanding whatever belonged to Sandford remaining on his uncle's plantation was restored to him by the officers. About the 1st Nov. they left Surinam, and the officers empowered Col. Saml. Barry and Capt. Nath. Clarke to employ to their use the confiscations left; but no profit was received, nor did his son ever sell Petitioner's lands or house, or receive a farthing advantage thereby. On arriving at Barbadoes the soldiers offered Petitioner's negroes for sale, whereupon Petitioner, without Lord Willoughby's knowledge, hired the bellman to make public outcry that no person should dare to buy any of them ; whereupon the soldiers grew into a very great mutiny, and one of them discharged his musket at Petitioner. On information of this uproar, by advice of Council, as well for pacifying the mutiny as preserving Petitioner's life, whom the soldiers h,ad vowed to kill, Lord Willoughby com- mitted Petitioner, and after three days, he, being a Member of the Assembly, by their desire was released. Petitioner then petitioned for relief, but was referred to recover by law ; yet the negroes sold to several planters Petitioner inveigled away and kept them by force ; whereupon the planters petitioned for justice, who were also re- ferred to a due course of law. When Lord Willoughby had notice of Petitioner's first petition against him in England, he asked the whole Assembly, whereof Petitioner was one, whether any of them had made any complaints to the King and Council, which they all, and Petitioner particularly, denied ; whereupon he produced the petition and letters, " and upon that the whole Assembly reproved him (Petitioner) very severely as a foolish and false fellow." Lord Willoughby told the Assembly he had His Majesty's license to go for England, and desired Petitioner to prepare to go with him to verify before the King and Council his accusation; which, in truth, his Lordship did not intend, nor did he take him, but told him before his Lordship's departure that he doubted not the King, when His Majesty understood how boldly and falsely he had traduced his Lordship, would send for him. "And these were all the reproachful or threatening expressions I ever used to him." Had the truth examined before his own departure by depositions of witnesses, at which Petitioner and his counsel were present, and has now ready to deliver. Lord Willoughby, on petition of those claiming right to the negroes, proposed that all five judges of Bar- badoes should try the cause ; but Petitioner peremptorily refused. Thus was the matter left depending ; but is since informed that Petitioner, despairing of the legality of his cause, has suffered judg-
AMERICA AND WEST INDIES.
19
1669.
ment to go by default, which " I suppose has now again excited the rage of that passionate man " to a second clamour. Is ready to verify all this, and hopes that some way may be found for vin- dicating his own honor and the due punishment of his malicious prosecutor. Begs, if other complaints have been made against him, to be made acquainted therewith, and the complainants ordered to attend to justify them ; to all which, knowing the integrity of his own actions, his Lordship will give a plain and positive answer on the first hearing ; and thereby doubts not to make it appear that in all things he has been a faithful and industrious servant to the King and his Majesty's subjects under his government to the best of his understanding and ability. Endorsed: Read in Council, Ap. 23, 69 ; referred to the Committee for Trade and Plantations. [Col Papers, Vol. XXIV., No. 48.]
Shafteslmry Tapers.
April 26. 54. Articles of Agreement between the Lords -Proprietors of Carolina in order to the speedy settlement of the said Province. That each Proprietor before 25 May next pay to John Portman 500?. sterling, to be laid out in shipping, arms, ammunition, tools and provisions for the settlement of Port Royal, for the purchase of which a Husband shall contract and render an account to the Lords Proprietors. It is also agreed that each Lord Proprietor shall pay for the next four years a further sum not to exceed 200?. per annum, and that any Proprietor neglecting or refusing to pay any of the said sums shall relinquish and convey his share to the rest of the said Proprietors. Endorsed by John Locke. 1 p. [Shaftes- bury Papers, Section IX., No. 9.]
16(59.
Shaftesbury Papers.
April 27.
Antigua.
55. Account of the cost of the ship Carolina and her setting to sea, 930?. 17s. lid.; of the ship Port Royal, 199?. 5s. 8d; and of the Albemarle, 821. Is. lOd. Also of the provisions bought for the expedition to Carolina, 54:01. Us. 8d. ; of the clothes, 2121 4s. ; arms, powder, and ammunition of war, 397?. 15s. ; tools and iron ware, 188?. 9s. Id. ; cask, 87?. Os. Id. ; fishing trade, 281. 10s. ; Indian trade, 50?. 18s. 8d. ; charges of shipping goods, &c., 581. 4s. ; a surgeon's chest and instruments, 30?. ; seamen's wages, 76?. 15s. ; Mr. West at Kinsale, 30?., and for his pains 20?. ; Lent Capt. O'Sullivan, 10?. ; cargo sent to Virginia to Win. Burgh for account of Duke of Albemarle ; in Mr. West's hands, 26?. 5s. 6d. ; abated on several bills, 39?. 7s. lid. Total expended, 3,200?. 16s. 6d The Dr. side amounts to 2,645?., viz., 550?. each from the Duke of Albemarle and Earl of Craven, 545?. from Sir Peter Colleton, and 500?. each from Lord Ashley and Sir G. Carteret. 14 pp. [Shaftesbury Papers, Section IX., No. 13.]
56. Lieut.-Gen. Henry Willoughby to the Sieur De Baas (at St. Christopher's). Has received his letter and protest of April 22-May 1 [see ante, No. 52], importing his readiness to deliver up the English part of St. Christopher's, and were Willoughby im powered thereto would use his best endeavours for ending that troublesome business. But for that Lord Willoughby, authorised by his Majesty of Great Britain to receive it, made two voyages
B 2
20
COLONIAL PAPERS.
1669.
April 30.
Barbadoes.
April. Whitehall.
[April.]
New York.
to that purpose, and was refused by M. De La Barre and M. St. Laurence, and has left no orders, but has given his Majesty an account of it ; expects very shortly some commands. 1 p. [Col. Papers, Vol. XXIV., No. 49.]
57. Sir Tobias Bridge to Lords of the Privy Council. Sent their lordships an account of the collecting of the moiety of the King's duty of 4^ per cent, on 21 inst. [see ante, No. 49]. Was in good hopes of a considerable receipt from Nevis, Montserrat, and Antigua; has heard nothing yet from Nevis. Lt.-Col. Stapleton writes from Montserrat that he will be very diligent in collecting the duty ; and from Antigua there is nothing to be expected, as their lordships will understand by the inclosed order of the Governor and Council there. 1 p. [Col. Papers, Vol. XXIV., No. 50.]
58. The King to the Colony of New England. His Majesty was well pleased to understand from William Lord Willoughby, Governor of the Caribbee Islands, of their great readiness, during the late war with France and Holland, to assist Barbadoes and the other Caribbee Islands with provisions, &c. Has thought good to let them know how well his Majesty takes these expressions of their loyalty and good affection, and particularly that of their present of masts lately made to him. Will not be wanting on his Majesty's part by all good ways to further their welfare. 1 p. [Col Papers, Vol. XXIV., No. 51.]
59. Samuel Mavericke to Col. Nicolls, Groom of H.R.H. Bed- chamber, Whitehall. Has lately written by way of Boston and Virginia, giving account how things stand in these northern parts, as how those of the Massachusetts have "unranckled" all that was done in the Province of Maine and committed Major Phillipps and others to prison for receiving commissions from the Commis- sioners ; and given out that if they could take any of those that signed them they would punish them severely ; so that at present it would not be safe for Mavericke to go thither. Not long since tribute was demanded of the Narragansett Sachems, but they said " they would pay King Charles and none else." At York, trials have been made this spring for cod fish, with very good success ; a small ketch sent out by the Governor has found several good fishing banks, one not above three leagues from Sandy Hook, where in a few hours four men took 1,100 or 1,200 excellent cod fish. That vessel is to go to Newfoundland for fishermen, lines, hooks, &c. ; most of the vessels that go to and from Virginia take good quantities. "Doubts not but this coast will afford fish in abundance. On the east end of Long Island 12 or 13 whales were taken before the end of March, and some are daily seen in the harbour; the Governor has encouraged this design, and two shallops are made for it. The Governor with some partners is building a ship of 120 tons by Thos. Hall's house, and another of 60 or 70 tons is building at Gravesend. Nutt Island, by making a garden and planting fruit trees, &c., is made a very pleasant place. Thinks
AMERICA AND WEST INDIES. . 21
16 9,
the old house must conie down to the bottom, and will prove a tedious and chargeable piece of work. There is good correspondence between English and Dutch, and to keep it closer 10 Dutch and 6 English have meetings at each other's houses twice a week in winter and once in summer. Several people in and about Boston have inclination to come hither to live. New England men have found the way hither again from Virginia ; this week past there were here at one time nine vessels which brought tobacco ; some are returned to Virginia for more, others gone to -Boston with corn, besides several Dutch sloops. 1£ pp. Printed in New York Documents, III., 182-183. [Col Papers, Vol. XXIV., No. 52.]
1669 ? 60. Report of the Lords Committee for Foreign Affairs to the King. In obedience to his Majesty's order of the 13th instant, certify : 1. That they conceive it contrary to law and very preju- dicial to trade for license to be granted to three Swedish ships to trade at Plymouth. 2. As to the business of Surinam, and Serjt. Major Banister's imprisonment in Zealand ; are of opinion that hrs Majesty may demand his liberty, no just cause of imprisonment appearing ; and as to the difference between the Dutch and the English on Surinam, and how far the latter ought to have liberty to transport themselves and estates off the Colony, have considered the articles of the Treaty of Breda as well as those for the surrender of said Colony to the Dutch in 1667, which were confirmed at this last delivering up of that Colony ; but not being of one mind among themselves in the interpretation, have thought fit to annex them for his Majesty's judgment. Annexed,
60. i. Articles 5, 19, and 20 of the Treaty of Surinam between Col. Byam and Adm. Crynsens. 5. In case any inhabitant intend to depart, he shall have power to sell his estate, and the Governor shall procure that he be transported at moderate freight with his estate. 19. Such as intend off shall be furnished with a vessel to transport themselves, slaves, and goods, and be permitted to take their sloops.
60. n. Second Articles of Surinam bet ween Major Bannister and Adm. Crynsens, 1668. That all articles heretofore made with Commander Crynsens are hereby fully confirmed and ratified, and shall in all particulars be observed without any addition or diminution. Dated on board the States ship Surinam, the f-g- of April 1668. Signed by Abraham Crynsens and others. Together 4 pp. [Col. Papers, Vol. XXIV., Nos. 53-55.]
1669. 61. Petition of Major James Bannister, late Governor of Surinam,
May 5. to the King. That Petitioner surrendered Surinam to the Dutch, who agreed that himself and his fellow subjects should have shipping at moderate rates to remove themselves and estates to some other of his Majesty's Colonies, in order to which Petitioner demanded shipping, which the Dutch not only refused, but on 22nd July last seized Petitioner and carried him prisoner into Zealand, where he so continued 10 weeks, In December last the Lords of Zealand passed
22 COLONIAL PAPERS.
1669.
a resolution that Petitioner should forthwith depart thence, never return to Surinam, and be enjoined to sell his estate to an in- habitant of that place ; whereupon Petitioner repaired hither to acquaint his Majesty. The Zealanders also seized 9,500 Ibs. sugar sent for Petitioner's support in Zealand, and he is like to lose two considerable plantations there, for which he has been proffered 2,200£. All these injuries have been done him for no other cause than insisting to have the articles performed, as has been sufficiently manifested before his Majesty's Council for Trade, which articles Petitioner understands the Dutch have lately agreed to perform. Prays that the Dutch may give satisfaction for his losses, and restore the sugar seized, and that his Majesty will bestow on Petitioner a vessel of 100 tons for the removal of his family and moveable estate from Surinam. Endorsed, Read 5th May 1669. I p. [Col Papers, Vol. XXIV., No. 56.]
[May 7.] 62. Reply of Nathaniel Kingsland to Lord Willoughby's answer to his petition [see ante, No. 53], That Sandford did stay at Surinam to enjoy the articles after the capture by the Dutch, but it was Col. By am who accused him to the Dutch, and 'twas his business to have persuaded them to keep to the articles. That the confiscation of Kingsland's plantation was an agreement preceding the undertaking is very improbable, being unknown to Sandford, and against the rules of common justice to make the " recaption " more fatal to their fellow subjects than the loss itself; but if it were, the reinstating of Sandford in the plantation by the General's order had determined this to be his booty ; and " 'tis easy to prove that the Lieut.-General had nothing confiscated, and whoever lost in the expedition got amply." By law any man may take his own goods wherever he finds them, and 'twas rather a kindness to give notice by the crier than affront to the Governor or cause of imprisonment. It was as reasonably propounded by Kingsland to give security to abide the law concerning his negroes as it was unrea- sonable to imprison him that he might not follow the law. As to discovering Kingsland's complaint before the Council, affirms the contrary, for the order and letter were sent inclosed to Kingsland, and his Lordship could not have them but from Kingsland's hand ; but if true, it is expressly against the law for any man to be menaced for complaining to the King ; and to answer his petition for justice with imprisonment was a severity not unworthy his Majesty's notice. He suffered judgment to go against him by default by advice of counsel, because some of the judges were in possession of part of the negroes in demand ; and now the whole matter is before his Majesty and Council, Kingsland will acquiesce in whatsoever shall be determined. Desires some day next week may be appointed for hearing the matter. Endorsed, Received and read May 7, 1669. 1£ pp. [Col. Papers, Vol. XXIV., No. 57.]
May 8. 63. Grant to Henry Earl of St. Albans, John Lord Berkeley,
Westminster. Baron of Stratton, Sir Wm. Moreton, and John Tretheway. Whereas
by letters patents, bearing date at St. Germain-en-Laye the 1 8th
September 1649, his Majesty granted to Ralph Lord Hopton, Henry
AMERICA AND WEST INDIES. 23
1669.
Earl of St. Albans (by the name of Henry Lord Jermyn), John Lord Culpeper, John Lord Berkeley of Stratton (by the name of Sir John Berkeley), Sir William Moreton, Justice of the King's Bench, Sir Dudley Wyatt, and Thomas Culpeper, their heirs and assigns for ever, all that tract of land in America " bounded by and within the head of the rivers of Tappahannock, alias Rapahannock, and Qui- riough or Pattawomacke Rivers, the courses of the said rivers, as they are commonly called or known by the inhabitants, and descriptions of those parts and Chesapoyocke Bay, together with the rivers themselves and all the islands within the banks of those rivers, and all woods," waters, harbours, fish, beasts, fowl, mines, quarries, &c. within the precincts thereof, royalties of hawking and hunting, &c., reserving to his Majesty, his heirs and successors, the fifth of all gold mines and ore, and the tenth of all silver mines and ore ; paying yearly at the Feast of St. John the Baptist the sum of 61. 13s. 4d. at his Majesty's receipt of James Town, in Virginia. And whereas said Lords Hopton and Culpeper, Sir Dudley Wyatt, and Thomas Culpeper are dead, and said Lord Hopton conveyed all his estate and interest in the premises to John Tretheway, all said premises were vested in said Earl of St. Albans, John Lord Berkeley, Sir William Moreton, and John Tretheway. And whereas said Earl of St. Albans, John Lord Berkeley, Sir William Moreton, and John Tretheway have surrendered said letters patents, to the intent that his Majesty should grant them new letters patents thereof, his Majesty hereby grants to said grantees all that tract of land, with the appurtenances and privileges, and on the same terms as before described. And further, power to divide the same into counties, • hundreds, parishes, and townships, and to erect cities, churches, and colleges, and endow them with lands and goods; and to be perpetual patrons of said churches, colleges, schools, «fec. ; and to divide any part of said territory into manors, and hold therein courts baron for all actions where the demand exceeds not the value of 40s., and receive the fines and emoluments thereof; and to hold within said manors a court leet and view of frankpledge of all tenants and inhabitants of the hundreds within which said manors may be, within one month after Michaelmas, and before Easter, according to the custom of England ; and £o hold in said manors in every week one market and two fairs every year, • with a court of pypowder in every fair, and with all liberties, tolls, customs, fines, &c. belonging to any market, fair, or court of pypowder in England ; and to erect parks for deer and other beasts of chase, and enclose them and enjoy them for ever, so that no other person may presume to enter therein or kill any of the beasts therein without the license of said grantees ; and to grant or sell all or any of the premisses to any persons, to be holden of said grantees in free and common soccage, or any other tenure in England, any statutes, &c. to the contrary notwithstanding. And his Majesty covenants at any time hereafter to enlarge and confirm these letters patents, Provided always that these presents shall not extend to infringe or prejudice any contracts or grants made by the Governor and Council of Virginia of the premisses or any part
24 COLONIAL PAPERS.
1669.
thereof to any inhabitants now in actual possession thereof by virtue of any grant made before the 29th September 16G1, which grants shall continue good and effectual without paying any fines other than the rents thereon reserved, together with the remainders, reversions, and escheats to the said grantees; which lands so granted by the said Governor and Council shall not be drawn into manors, nor the grantees compelled to do suit or service to any court of the manors without their voluntary consent, but shall enjoy all privileges, &c. granted to them by said Governor and Council, with such limitations as by these presents are declared. And when any of said territories shall have been distributed into manors, it shall be lawful for any inhabitants to appeal from any sentence in any manor court to the Quarter Courts of Virginia. Provided that, as to so much of the premisses as within 21 years shall not be possessed, inhabited, or planted by the means of said grantees, these premisses shall cease and be void. Provided lastly, that the said grantees shall not intermeddle in the military affairs of or within the premisses, or with the command of the castles, forts, &c. thereof without the authority of the Governor and Council of Virginia ; and that said Governor and Council shall have full power to impose any taxes and impositions upon the said territories and the inhabitants thereof for the public defence of Virginia and the territories hereby granted, as upon other parts of Virginia pro- portionably; and that said grantees and the inhabitants of the premisses shall be in all things subject and obedient to such laws and constitutions as are or shall be made by said Governor and Council and Assembly for said Colony. And these letters patents or the enrollment thereof shall be valid without any further con- firmation, and shall be sealed with the Great Seal. [Patent Roll, 21 Chas. II., part 4>, No. 6.]
May? 64. Mem., in the handwriting of Under Sec. Williamson, of . commissions and papers concerning St. Christopher's to be de-
spatched to Barbadoes. His Majesty's commissions to receive the Island, and to compose disputes ; the instructions ; the French King's last order and the preceding ones; and a letter from M.
4 Colbert. The whole to be addressed to — , with a letter from
Lord Arlington accompanying it. Lord Willoughby to give the necessary orders for establishing a Governor in the island. £ p. [Col. Papers, Vol. XXIV., No. 58.]
May 19. 65. [Sec. Lord Arlington] to Sir John Yeamans (at Barbadoes).
Whitehall. The Most Christian King having at .length issued the necessary orders for effectually restoring to his Majesty the English part of St. Christopher's, and having agreed for the composing by Com- missioners on both sides of all disputes that may arise ; his Majesty has issued two commissions to Sir John Yeamans and others ; one, for receiving restitution of said part of said island which ought by the treaty to have been restored forthwith, but has been thus long delayed by the insufficiency of the orders issued by the Most Christian King ; the other, to empower his Majesty's Commissioners with the Commissioners on the French
AMERICA AND WEST INDIES. 25
1669.
part to adjust all differences that may arise on the points specified. Each are accompanied by necessary instructions from his Majesty, so that it only remains to recommend them to set about the work with all expedition, to proceed towards the French with all clear- ness and fair meaning according to the rules set down in said instructions, and to advertise his Majesty from time to time of their progress. Draft with corrections in Williamson's hand- writing. 1 p. [Col Papers, Vol. XXIV., No. 59.]
May 19. 66. M. Mignon, Secretary to the French Ambassador, to [Under Sec. Williamson]. Called to put into his hands a letter from the French Ambassador to M. De la Barre, or M. de Bas, and wishes to know if it is in such terms as he desires. French. Endorsed, 19 May 1669. Surrender of St. Christopher's. 1 p. [Col. Papers, Vol. XXIV., No. 60.]
[May 20.] 67. Mem., by Under Sec. Williamson, of despatches sent away by the ship (blank) for Barbadoes, in a black box addressed to Sir John Yeamans. Mr. Champante had the care to deliver them on board, May 20, 1669. J.W.
Commission for receiving the island from the French [dated 22
March 1668-9 [see Cal. ante, No. 33]. Commission for composing and determining all differences with
the French [same date see ante, No. 36]. Instructions for executing those two Commissions [see Cal. ante,
No. 39]. French King's Orders for restoring the island, of 31 Oct. 1668,
11 Dec. 1668, 16 Jan. 1668-9 [see ante, No. 4 i.]. French Ambassador Colbert's letter to De la Barre or De Baas
[dated -|-f January 1668-9, see Cal, ante. No. 4]. Lord Arlington's letter accompanying them, directed to Sir Robt.
[mistake for Sir John] Yeamans [dated 19 May 1669, see
Cal. ante, No. 65]. Copy of letter of Commissioners of sick and wounded and
prisoners at war, about entertainment of prisoners. Printed copy of the Treaty of Breda. 1 'p. [Col. Papers, Vol.
XXIV., No. 61.]
May 20. 68. Edward Rawson, Sec., by order of the Council of Massa- Boston, chusetts, to Sec. Lord Arlington. By express from his Majesty last year for keeping Nova Scotia, they had hopes they might have been silent as to that affair without disservice to God, their Kino-, and country, but understanding by a letter from Mr. Barker to Sir Thos. Temple of 18th Feb. last, that there is a resuming of that matter, they account it their duty to present their sense of the affair. Should the French have that country it would not only obstruct the trade of peltry, but of fishing, which is most con- siderable ; for when they had possession of it, even in peace, the least occasion was taken by them to make prize of vessels fishing on those coasts, and should there happen a war, how bold their attempts may be to annoy these plantations needs no great fore- reach to apprehend. It would be doubtless not only a reviving of
26
COLONIAL PAPERS.
1669.
the French King's withering interest in North America, but a very large Augmentation of advantage to their settlement at Kebeck (Quebec), and become as an half girdle to the English settlements by laud, added to their sea advantage for the obstruction of naviga- tion ; so that the parting with Nova Scotia or Acadia for St. Christopher's holds slender proportion. Need not suggest the English right by discovery, patent, and possession. 2 pp. [Col. Papers, Vol. XXIV., No. 62.]
[May 23.] 69. Col. Nicolls to Secretary Lord Arlington. The clamours of a people oppressed by the Massachusetts Colony are addressed by petition to his Majesty and humbly recommended to his Lordship. Their importunity to Nicolls (who knows the justice of their cause) compels him to be concerned in their complaint, though he would more willingly have contributed to the reconcilement of differences ; but now matters are flown so high that the oppressed people of Maine implore his Majesty's protection against the Massachusetts, who have at once invaded his Majesty's authority and their fellow subject's liberties, some of whom remain in prison for asserting their Government, established pro tempore by his Majesty. The whole matter is left to his Lordship's consideration. Endorsed, Bead in For[eign] Committee, 23 May 1669. 1 p. [Col. Papers, Vol. XXIV., No. 63.]
May 27.
Virginia.
June 7.
Virginia.
70. Gov. Sir Wm. Berkeley to Sec. [Lord Arlington]. Last spring, in the company of 200 gentlemen, he made an essay to find out the East Indian Sea, and had hopes to find silver mines, as the Spaniard had done in the same latitude, but unusual rains hin- dered their intentions. Is of that age which requires that very little time should be misspent, and has since considered that he had not his Majesty's commission to justify so bold an undertaking, added to the memory of the misfortune of Sir Walter Raleigh. The bearer, Col. Parkes, will now solicit his Majesty's commission to prosecute the design next spring. The King may please to divert himself by asking the Colonel questions on the nature, posture, and condition of the Colony. Endorsed, Answered 12 Nov. 1669. 2 pp. [Col. Papers, Vol. XXIV., No. 64.]
71. Thos. Ludwell, Secretary, to Sec. [Lord Arlington]. The Colony in a very peaceable condition, but apprehensive of the French preparations for war. In great want of at least 40 or 50 culverin, not one out of the burnt frigate having endured the trial ; also shot, as they cannot apparel their forts. Will write to Col. Mory- son to wait upon him on this subject and others. All very joyful at the King's acceptance of their present of silk. Sends all their made laws and accounts of 2*. per hogshead. Begs to be
new
nominated to the government in the Governor's absence, who has solicited leave to go home. 2 pp. [Col. Papers, Vol. XXIV., No. 65.]
[June 9.] . 72. Petition of William Isles, late commander of the Bachelor,
and 130 poor men who belonged to said vessel, to the King and Council. Said ship was in 1666 impressed into his Majesty's service in the Leeward Isles, and honourably lost in that expedition,
AMERICA AND WEST INDIES.
1669.
June 12.
Virginia.
June 15.
Jamaica.
There is about 350?. due to the ship's company for two months' wages, besides the loss of ship and freight, for which Petitioner has attended 10 months, to his great damage. Prays his Majesty to refer same to the Commissioners of the Navy, and order speedy payment. Endorsed, Received June 9. Read in Council the llth, 1669. 1 p. [Col. Papers, Vol. XXIV., No. 66.]
73. Governor Sir W. Berkeley to [Sec. Lord Arlington]. Has received his Majesty's gracious acceptance of their present of silk, and have most of them laid up vows in their hearts, with their utmost endeavours so to improve their skill and industry in that excellent work that they shall in few years be able to make a far greater present to his Majesty. When he comes to Europe will make a voyage to France or Italy to be taught more. Begs he will present the inclosed petition ; has not been able in seven years to bring home enough to keep him half a year in England. His salary less than any other Governor of America, though the King has more revenue from Virginia " than all the Islands together." Incloses,
73. I. Petition of Sir Wm. Berkeley to the King. Though the terms on which his Majesty's promise was made are not fully performed, prays for the customs of a ship of tobacco to enable Petitioner to wait on his Majesty's royal person one half year " that your Majesty, God's Vice-regent, will imitate your great Exemplar, God, and reward good in- tentions."
73. II. Warrant of King Charles II. declaring that when Governor
Berkeley shall send to England a ship of 300 tons laden with silk, hemp, flax, pitch, and potashes, the growth of Virginia, he shall have the customs and duties of a ship of tobacco of the same burthen. Whitehall, 1662, Sept. 22. Together 4 pp. [Col. Papers, Vol. XXIV., Ufa. 67, 67 1. II.]
74. Governor Sir Thos. Modyford to the Spanish Ambassador " You cannot be ignorant how much your whole nation in these parts did applaud my justice -and civility to them at my first coming to this government, which (notwithstanding the small returns I received) I should have continued to this day, had not an invincible necessity compelled me to allow our privateers their old way, that I might keep them from joining with mine and your master's enemies. And now I believe you will find some reason to thank me that I took that course ; for had they, or should . they yet join with the French forces (to which I find them too much inclinable), your master's interest in the Barlevanta Islands, Nova Andaliizia, Nova Reyno de Granada, and the Main, would be in great hazard,
ceif not quite lost ; especially if our advice be true, that they have lately with a considerable fleet approached St. Domingo of Hispa- niola. I know, and perhaps you are not altogether ignorant of your weakness in these parts, the thinness of your inhabitants, want of hearts, arms, and knowledge in war, the open opposition of some, and doubtful obedience of other, .of the Indians : so that you have
28
COLONIAL PAPERS.
1669.
June 15.
Whitehall.
June 17.
1609?
no town on this side the line, but that my master's forces here would give him, did not his signal generosity to yours restrain them. What we could have done the French will do, unless these men may by your intercession be brought to serve your master ; and then you will be so sensible of their usefulness, that you will no longer malign me for the evils they have done the vassals of your Prince, but rather applaud that providence which by these means kept them to serve you in this exigent. It is possible this frank discovery of my knowledge in your affairs will invite you the more earnestly to endeavour my'oppression ; but I am secure in the goodness and wisdom of my Sovereign Lord, and you may be in his affection and tenderness to your nation, (so many ways and so fully evidenced,) so that, unless by some non-sincere dealing the same be justly forfeited, my knowledge and experience in your affairs may prove your advantage and security. These men will put themselves under any employment (as most will) rather than starve ; that the good encouragement your master will give them may prevent their seeking other, is recommended to your care and consideration." Two copies, 1| pp. [Got. Papers, Vol. XXIV., No. 68, and Col Entry Bk., No. 27, p. 41.]
75. Warrant to the Commissioners of Ordnance. To deliver to Joseph West, for the defence of the plantation called Carolina in the West Indies, four iron demi-culverin and eight sacres, with ship carriages, ladles, sponges and linstocks, and 12 rounds of shot for each. £ p. [Dom. Entry Bk, Chas. II., Vol. 29, p. 34.]
76. Petition of Anthony Bryskett to the King. Petitioner's father, by commission from the Earl of Carlisle, at his own great cost gained from the Indians and planted the Island of Montserrat, where Petitioner had a valuable estate destroyed at the capture by the French, January 30, 1666. At which time his Majesty's poor distressed subjects importuned Petitioner to receive a power from the French to protect them ; which Petitioner obstinately refused ; yet at their lamentable complaints, importunate tears, and most deplorable sufferings Petitioner afterwards most unwillingly accepted for their sakes, but submitted at the first moment of his Majesty's fleet appearing for their relief. Yet so it is, Petitioner's estate of ruined lands has been confiscated to his Majesty ; craves his Majesty's clemency, and that his estates may be restored to him. With refer- ence to Lord Willoughby to report the true state of Petitioner's case ; dated Whitehall, 1669, June 17. 2 pp. [Col Papers, Vol. XXIV., No. 69.]
77. Petition of Anthony Bryskett to the King. Refers to his Majesty's order of reference of 17th June last on his former petition, and to Lord Willoughby 's report annexed. And in regard Petitioner accepted a French commission for the preservation of his Majesty's most distressed subjects from the fury of barbarous bloody Indians and others, and most willingly submitted to his Majesty's forces ; prays his Majesty's pardon and to be restored to his lands, of which
AMERICA AND WEST INDIES. 29
1669?
Petitioner was divested by Act of the Assembly at Montserrat. Annexed,
77, I. Report of William Lord Willoughby on above petition. That at the time of the capture of Montserrat by the French, 30th January 1666, Petitioner was possessed of a plantation there, since by his Lordship 's-order divided into three plantations, viz., the Fort House Plantation of 525 acres, the Water work Plantation of 573 acres, and the South side of the River Plan- tation of 300 acres ; that on 23rd February following Petitioner, being of the Irish nation, accepted a commission from the French King and M. De la Barre, to be Governor, especially over the Irish inhabitants of the Leeward side, and was Governor there till the retaking of the island by his Majesty's forces. Soon after, on 16th April 1668, an Act was passed by the Assembly to reinstate former proprietors, but Petitioner, without his Lordship's moving at all in it, was amongst others excepted ; Petitioner applied to Lord Willoughby for relief, but he did not think it expedient to do anything contrary to the Act of the country ; whereupon Petitioner soon after left the country, and his Lordship heard no more of him. Afterwards Lord Willoughby,.by ad vice, allotted part of the Fort House Plantation for building a town and fort, and the remainder for the future maintenance of the Deputy Governor ; and Col. Stapleton being afterwards appointed Deputy Governor, and the country not being in a condition to support a Governor, Lord Willoughby settled upon him and his heirs the Waterwork Plantation ; the other plantation remains undisposed of. But Petitioner has now produced certificates under the hands of several con- siderable planters of Montserrat, testifying that Petitioner accepted the government under the French at the request of his Majesty's subjects and to preserve them from danger, and that he did protect his Majesty's English subjects from the fury of the rebellious Irish to the hazard of his own life, and by reason thereof was necessitated to keep a guard in his house every night till the arrival of his Majesty's fleet. Together 3 pp. [Col Papers, Vol. XXIV., Nos. 70, 71.]
i!669. 78. A discourse by Mr. De Witt, Pensioner of Holland, with
June 22. Sir TJhos. Temple, the King's Ambassador at the Hague, and the
July 2. English Ambassador's answer concerning the surrender and capitu- lations of Surinam to the Dutch in accordance with the Treaty of Breda. 13 pp. [Col. Entry Bk, No. 77, pp. 13-19.]
June ? 79. Petition of Wm. Lord Willoughby, on behalf of himself and his son Henry, to the King. Petitioner has heretofore moved his Majesty for the vindication of his son Harry from aspersions touching his management of affairs at St. Christopher's, at which time his Majesty declared himself well satisfied with what his son had done. But Petitioner has lately by accident discovered that there is a combination against them touching that affair, as will appear by the affidavit and articles annexed. Now though
30 COLONIAL PAPERS.
1669.
Petitioner well knows his own and his son's unblameable carriage, he desires to have the cause heard whilst the witnesses on both sides are here in person. Prays therefore that notice of this petition may be given to the persons mentioned in the affidavit annexed, and that a speedy day be appointed to alter or amend their articles, to which he is ready to give answer in writing. Annexed,
79. I. Affidavit of Capt. Thos. Malet, sworn 25th June 1669. On the 17th inst. met with one St. Barbe, who had marched under him at St. Martin's, and said he was employed by Sir Peter Colleton to draw up articles, draft of which he showed deponent, against Lord Willoughby ; that he should be backed by eminent persons, and Lord Willoughby would be sharply set upon next day at White- hall ; and that those who employed him had promised to restore him to his condition of a merchant of good repute. But deponent knowing St. Barbe to be a person of very mean condition, and believing Lord Willoughby and his son to be persons of great honour and integrity, acquainted his Lordship therewith ; who told him he was very glad of it, for he was resolved to petition the King to hear the whole business. Since which St. Barbe has discovered several malicious practices to deponent.
79. II. Wm. Lord Willoughby's crimes urged by Wm. St. Barbe. That whereas the planters and merchants of Barbadoes during the war raised 3,200,000 Ibs. of sugar, besides the duty of 4£ per cent., for raising fortifications, payment of soldiers, hire of ships, provisions and ammunition ; those sugars were never expended on the account for which they were raised. (2.) That Lieut.-Gen. Henry Willoughby through delay lost the opportunity of releasing the English at Todos Los Santos, and by a shameful flight from the French near Guadaloupe left 400 men and their vessels captives. (3.) That after Antigua was retaken from the French the Lieut.-Gen. commissioned one Col. Fitz to fight the French there ; yet when they came he charged the people on pain of death not to fight till he came to lead them, and then went to his own plantation, fired his own house, took his negroes into a sloop, and came to Nevis, which was the occasion of the loss of that island and the persons there ; for all which actions he was never ques- tioned by the Lieut.-Gen., but looked on as his friend. That on 6th June 1667, in the design for reducing St. Christopher's, the Lieut.-Gen. neglected the opportunity of landing in a convenient and safe place near the Salt- ponds, but ordered every vessel, on sight of three flashes of powder from the Jersey frigate, to fall down to Pelham's Pviver ; but, being overtaken by wine, Lieut.-Gen. Wil- loughby overslept himself, and it was upon break of day ere the sign was made. The French followed to Pelham's River, where the forlorn hope and part of the main body,
AMERICA AND WEST INDIES. 31
1669.
being landed in a bad place, were most of them killed by the French from trenches on the top of the rock ; but the Lieut.-Gen. kept himself aboard the Jersey, beholding the slaughter, but would not permit any boats to fetch the soldiers aboard again. Endorsed, Read in Council, 28 June 1669. Together 4£ pp. [Col. Papers, Vol. XXIV., Nos. 72-74.]
June 28. 80. Order of the King in Council on the above petition of Whitehall. William Lord Willoughby. That the whole matter be taken into consideration on Wednesday the 7th July, at which time Lord Willoughby, Sir Peter Colleton, Wm. St. Barbe, and all others con- concerned are to attend, with their witnesses and counsel learned, if they please. 1 p. [Col Papers, Vol. XXIV., No. 75.]
[July 4.] 81. Wm. Lord Willoughby to Under Sec. Williamson. All he can say in answer to the long memorial received last night is in the words of Col. Codrington's letter. " " The 6th of February arrived a small French man of war with a letter from M. De La Barre, only in my opinion for a colour to his old spy Grand Mason. The pert Monsieur was not willing to do his duty to the King's flag, but being before hand doubtful of some such thing, I had ordered Major Bate into the fort, with orders to make him strike or sink him. The Monsieur stood two shot through him the loward a maine ; this I thought my duty." This being all written concern- ing the affair, cannot easily credit the Ambassador's narrative, knowing the Governor to be a person of honour and punctual to his word, and that Major Bate well understands the duty of his ' place ; nor could they want a pilot, Grand Mason being on board and as well acquainted with the road as himself. They also differ much in dates, but presumes there are many now in town that were present at this intended salute. Endorsed, Rec. 4 July 1669. 1 p. [Col Papers, Vol. XXIV., No. 76.]
July 5. 82. Samuel Mavericke to Col. Nicolls. Sends copy of his letter New York. Of April last [see ante, No. 59]. Mr. Laurence has arrived, but has not brought one line from Nicolls, which is very strange. Is informed how exceedingly those of Boston boast of the gracious letters received from his Majesty, of his kind acceptance of the masts and of the provision they sent to the fleet at Barbadoes, all which were paid for by a rate levied upon the inhabitants. The loyal party which groan under the burthen of the Massachusetts Government now despair of relief. Those in Maine are in exceeding bondage, and most earnestly desire him to endeavour to purchase their freedom. How they have lately acted in the King's province, Nicolls will see by a letter from Mr. Gorton inclosed. It grieves him exceedingly that he should live to see his Majest's loyal subjects and his ancient friends enslaved, for they are now in a far worse condition than before ; doubts not they have petitioned his Majesty, and craved his assistance, which Mavericke in their behalf humbly begs of him, and may come' to his hands if not intercepted. The ship in building goes on slowly, so does the house, though one-third
32 COLONIAL PAPERS.
1669.
of the old house is left out ; wishes Nicolls' advice had been attended to. Many from Bermudas and 'Barbadoes intend to remove hither ; some are come as agents and have already bought houses and plantations. Mr. Davenport has made such a rent in the church of Boston as will never be reconciled ; another great church is erect- ing for the Dissenters, and some will remove. Hopes Nicolls will not forget what he desired him to do ; since Mavericke came over he has never received directly or indirectly to the value of sixpence, one horse excepted, which Mr. Winthrop presented him with. What he had by his Majesty's order he has spent, and 400£. besides, in England in prosecution of this design. If any course be taken , for reducement of the Massachusetts, hopes Nicolls will not leave him out as one that may be employed in it. 1£ pp. Printed in New York Documents, III., 183-184. [Col Papers, Vol. XXIV., No. 52, pp. 2-3.]
July 10. 83. Warrant to all Admirals, &c. to permit Sir Robert Cann, Knight, merchant trading to Barbadoes, and a planter there, to transport 50 nags, not exceeding the price of 101 each, to Barbadoes, to be employed on his sugar works, paying customs for the same. 1 p. [Dom. Entry Bk., Chas. II., Vol. 25, p. 111.]
July 21. 84. The original or first set of the Fundamental Constitutions of Carolina. A little volume of 75 leaves bound in vellum, entirely in the handwriting of John Locke, and full of corrections by him. Ill articles. Printed in full, with all the additions and correc-
Shaftesbury tions, in the 33rd Report of the Deputy Keeper of the Public Records, Papers. Appendix 3, pp. 258-269. [Shaftesbury Papers, Section VIII., No. 3.]
July 26. 85. The Lords Proprietors of Carolina to William Sayle, Governor of that part of Carolina to the southward and westward of Cape Carteret, and his Council. Giving them power to grant land, with such provisoes, conditions, and limitations as are directed by their Lordships' instructions and concessions annexed ; and ratifying and confirming every act which the Governor and Council shall do in the premises ; also instructions in case of the absence or death of the Governor. 2 pp. [Col. Entry Bk., No. 20, pp. 41-42.]
July 27. 86. Instructions from the Lords Proprietors of Carolina (to William Sayle) annexed to the commission for the Governor and Council. In regard the number of people which will at first be set down at Port Royal will be so small that it will not be possible to put our grand model of Government in practice at first ; but that it may be as near as practicable, the Governor on his arrival at Port Royal is to summon the freemen to elect five persons to be joined with the five deputed by the respective Proprietors to be of his Councill, and to govern according to the following limitations, observing what can be put in practice of the Fundamental Constitu- tions. Councillors to take the oath "of allegiance, but if any person for religion's sake be not free to swear he shall subscribe the same in a book. To choose a place whereon to build a fort, under the protection of which is to be their first town, and in which their
AMERICA AND WEST INDIES. 33
1669.
stores of all sorts are to be kept. If the first town be built upon an island, the whole island to be divided into colonies and reserved for the use of the people and no signory or barony to be taken up in it, if on the mainland the six next adjoining squares of 12,000 acres each to be all colonies, so that the people may at first plant together in convenient numbers. No one to take up land within two miles and a half of any Indian town if it be on the same side of a river " we hoping in time to draw the Indians to our government " and the quantity of a barony to be left about every cassique's house or town. To establish Courts for the administration of justice until our grand model of government can be put in execution. To summon the freeholders to elect twenty persons who together with the depu- ties shall for the present by their Parliament make laws to be ratified as as is provided in the 12th and other articles of said Con- stitutions. To take notice that the Lords Proprietors grant to all freemen above the age of sixteen that come to Port Royal to plant before 25th March, 150 acres and 150 for every able man servant they bring with them, 100 acres for every woman servant and man servant under sixteen, and 100 acres to any servant when out of his or her time to their own proper use ; proportions of land to be granted to those who come to Port Royal to plant before 25th March, 1671, and 25th March, 1672, to cause land to be laid out in squares each containinig 1 2,000 acres, every of which squares that shall be taken up by a proprietor to be a signory, if by a landgrave or cassique to be a barony and if planted by any of the people to be a colony and reserved wholly for their use, keeping the proportion of twenty- four colonies to eight signories and eight baronies. To order the people to plant in towns and one town at least in each colony, and no inhabitant to have more than a fifth of the depth of his land to front the river ; the form of grant to be passed and the manner of passing it ; weekly distribution of stores under certain restrictions to those people who thro' poverty have not been able to supply them- selves. To direct the storekeeper how much of the Indian trade sent shall be delivered to any of the Indian cassiques to purchase their friendship and alliance, and never to let the Indians know what stores there are which has been observed to be prejudicial. 3£ pp» [Col Entry, Bk, No. 20, pp. 43-46.]
July 27. 87. Commission from the Lords Proprietors of Carolina to Joseph West. Appointing him during pleasure Commander-in-Chief of their fleet arid the persons embarked in it bound for Carolina. 1 p. [Col. Entry Bk, No. 20, p. 39.]
July ? 88. Instructions from the Lords Proprietors of Carolina for Joseph West. To sail with all possible speed with the fleet under his command for Kinsale in Ireland, where he is to endeavour to get 20 or 25 servants for their lordships' own proper account, and then sail direct for Barbados, but no servant to be put on board until their own number be first complete. To take the best order for the fleet keeping company. In case the master of a family die at sea, his servants to be reserved to the use of their lordships, who pay their passage and have the most right to them. To apply to Mr. Southwell and Thos. Gookin at Kinsale for servants. Not to
U 51912.
34 COLONIAL PAPERS.
suffer any freeman to leave the ship without giving security for his return, nor to suffer any servants ashore at Barbados. 1 p. [Col, Entry Bh, No. 20, p. 38.]
July ? 89. Instructions from the Lords Proprietors of Carolina to Joseph West " about our plantation." On his arrival at Barbados to apply to Thos. Colleton to furnish him with cotton and indigo seed and ginger roots, which roots he is to carry planted in a tub of earth that they may not die before his arrival at Port Royal, as also some canes, several sorts of vines and olive sets. On his arrival at Port Royal to take up one side of the town, where least incon- venient to the people, as much land for their lordships' own use as their proportion will come to at 150 acres per head of 30 ser- vants, taking care to have some marsh land and as many varieties of soil as may be, some sandy, for the purpose of trying what soil agrees best with the several things planted. To have convenient housing erected for himself and his servants, making them warm and tight, which is a great means of preventing sickness, and so place the houses that upon a division of their lordships' land, each man may have a share of them. When the houses are built the land is to be cleared ; the canes and ginger to be planted in a rich soil and light mould. Directions for planting the seeds, as also Indian corn, beans, peas, turnips, carrots, and potatoes and grape vines, and for keeping the cattle to be sent from Virginia. To take with him from Barbados six young sows and a boar. To consult in all things with John Rivers, agent for Lord Ashley and agent for Sir Peter Colleton. 2 pp. [Col Entry Bh, No. 20, pp. 34-35.]
July ? 90. Instructions from Lords Proprietors of Carolina to Joseph West, storekeeper. To have erected within the port at Port Royal two nouses, which are not to be thatched, for stores of war and for victuals, clothes, tools, &c. The key of the war stores to be given to John Rivers, who is to have the charge and make an in- ventory of them. The presents to be given to the Indian Kings and the distribution of victuals, clothes, and tools and the prices at which certain commodities are to be reckoned in regard there is no money in Carolina. To take account of passengers and goods laden from or brought to Port Royal. In the handwriting of John Locke. 1-|- pp. [Col. Entry BL, No. 20, pp. 31-32.].
July ? 91. Instructions from the Lords Proprietors of Carolina to Henry Brayne. To sail to Kinsale in Ireland and thence to Barbados, under the command of Joseph West, appointed Commander-in- Chief of the fleet, and observe the orders of their lordships' Governor for his proceedings to Port Royal, and to return to Barbados or to Virginia as directed by Sir John Yearn an s} Thos. Colleton, and Major Kingsland, and there take in passengers and freight for Port Royal. If he go to Virginia to apply to Wm. Burgh in Chocatuck Creek, James 'River for instructions ; if to Barbados to deliver the goods from Port Royal to John Hallet for the Lords Proprietors account, and take his and Thos. Colleton's advice for his proceedings
AMERICA AND WEST INDIES.
35
1669.
July ?
July.
Shaftesbury Papers.
July.
Aug. e.
Whitehall.
to Virginia or back to Port Royal. At Port Royal to consult with Jos. West or the Governor there to what port he shall sail. To send their lordships from time to time accounts of his proceed- ings. | p. In the handwriting of John Locke. [Col. Entry Bk., No. 20, p. 33.]
92. Instructions from the Lords Proprietors of Carolina for John Rivers. To take charge of the storehouse at Port Royal and to deliver out such quantities of guns, powder, shot, and other stores as directed by the Governor and Council in writing. To keep account and take receipts for the same and deliver them to Joseph West, who is to charge the persons with them in his books and account with Rivers for the same. \ p. [Col. Entry Bk., No. 20, p. 37.]
93. Account of monies received [by John Rivers] from Thomas South and laid out for clothes, &c. Total, 151. Is. 3d., which includes 7s. 6d for three weeks' lodgings. Indorsed by Lord Ashley, " Carolina. July 1669. Rivers accounts." [Shaftesbury Papers, Section IX., No. 10.]
94. The form of appointment of a Deputy. Whereas in the fundamental constitutions and form of government of Carolina it is ordained that each proprietor shall have his deputy who shall sit in the Grand Council and Parliament and have several other powers, as in said constitutions are set forth. And whereas there is no landgrave or cassique in Carolina at present, or such a number of people as will admit of said constitutions and form of government entirely to be put in practise, yet that their Lordships may come as nigh as is practicable at present, it is agreed that each Lord Proprietor shall choose a deputy who for the present shall act with the Governor as provided in said constitution is there appointed deputy to [sic, blanks]. 1 p. [Col. Entry Bk., No. 20, p. 40.]
95. The King to (Sir Thos. Temple, Governor of Nova Scotia). In pursuance of the Treaty of Breda and of his Majesty's former letter of 31st Dec. 1667, his Majesty did by his letters of 8th March 1668/9 signify his final pleasure that he should immediately upon receipt thereof give effectual orders for restoring forthwith, to the most Christian King, the country of L'Accadie, which formerly belonged to said King, as namely the fort and habitations of Pen- tagouet, St. John, Port Royal, La Have, and Cape Sable ; but which the English possessed themselves of in the years 1654 and 1655, and proceed therein really and sincerely according to the 10th and llth articles of said treaty, his Majesty's letters of 1st August, or anything therein to the contrary in anywise notwith- standing. And whereas some doubt hath arisen to the Sieur Colbert, ambassador from the French King, whether his Majesty's letters of 8th March may not meet with some difficulties or delay in their execution, and his Majesty resolving that the same shall be duly and fully executed, and the French King having on his part according to said treaty issued his orders for restoring to his
C 2
36
COLONIAL PAPERS.
Aug. 6.
Aug. 10.
Aboard the
Carolina.
The Downs.
Shaft esbury Papers.
1669.
Majesty the English part of St. Christopher's, it is the King's most express will and pleasure that forthwith and without all manner of doubts, difficulties, scruples, or delays the said country of L'Accadie be restored to the French King or to whomsoever he shall thereto appoint. 2 pp. [Col. Entry Bh, No. 60, pp. 20-21.]
96. Draught in Williamson's hand of the latter part of the preceding letter. 1 p. [Col Papers, Vol. XXIV., No. 77.]
97. Joseph West to Lord Ashley at his house near Exeter House in the Strand. The ships are now riding at anchor in the Downs, which he has taken all the care he can to fit out and make ready, he hopes to his Lordship's satisfaction; expecting a good wind he intends to set sail for the port of Kinsale, from whence his Lordship shall receive a fuller account. Sends par- ticulars of passengers on board. Encloses,
97. i. List of names of masters, free passengers, and servants aboard the Carolina, viz., Masters, Capt. O'Sullivan and 7 servants, Step. Bull and 6 servants, Ed. Hollis and Jos. Dalton and 9 servants, Thos. and Paul Smith and 7 ser- vants, Hambleton and 10 servants, John Rivers and 4 ser- vants, Nich. Cartwright and 5 servants, Morris Mathews and 4 servants, Wm. Bowman and 2 servants, Dr. Wm. Scrivener and 1 servant, Wm. Owens and 3 servants, Thos. Midleton, Eliz. his wife and 2 servants, Samuel West and 2 servants, Joseph Bailey and 1 servant. Passengers without servants: Thos. Rideall, Will. Haughton, Will. Hennis, Thos. Humfreys, Eliz. Humfreys, Marie Clerke, Sampson and Nathaniel Dorkenwell, Sarah and Eliz. Erpe, Mary Erpe, Martha Powell, and Thomas Motteshed. Total number of passengers 92. [Shaftesbury Papers, Section IX., No. 11.]
Aug. 11. 98. Petition of John Jefferies and Thomas Colclough, of London, merchants, to the King and Council. Traders to Virginia, peti- tioners took into their service Giles Cale, merchant, at a yearly salary, who now refuses to give any account of the estate entrusted to him. Prays their Lordships' letter to the Governor of Virginia to cause said Cale to give security or to account with petitioners. Endorsed, Recd 11 Aug*. Read and ordered 28th August 1669. 1 p. [Col. Papers. Vol. XXIV., No. 78.]
Aug. 17.
The Downes.
Shaftesbury Papers.
99. Henry Brayne to Lord Ashley. The ships have been stayed by the common inconveniences incident to outward-bound ships, and provision is far spent. Beseeches him to consider their want when they come to Ireland, where they are to take in a great number of passengers. The ships just going to sail with a fair wind. Encloses,
99. i. Inventory of all the appurtenances belonging to the Carolina, with a list of the seamen's names belonging to her, Henry Brayne, master, as also to the Port Royal, John Russell, master, and to the Albemarle, Edward Baxter, master. [Shaftesbiwy Papers, Section IX., No, 12.]
AMERICA AND WEST INDIES. 37
1669.
Aug. 19. 100. Minutes of the Council of Barbadoes. Ordered that Major Win. Bate remove the powder from the new church to Fontabell House ; and that writs issue for the election of an assembly on the 30th inst., and a return to be made on the 31st. 1^ pp, [Col. Entry Bk, No. 11, pp. 181-182.]
August? 101. Chr. Codrington, Deputy Governor of Barbadoes, to (Wm. Lord Willoughby). Sends copy of his answer to M. De la Barre's letter. Encloses,
101. i. M. De la Barre to (Col. Codrington). Concerning Joseph Oaker, who was well treated at Marie Galante and reported among the negroes that the English expected a fleet to destroy the French islands ; that he debauched five negroes, whom he hid in his barque, but were arrested at Mar- tinique, and Oaker for having debauched them was con- demned to be hanged and executed, in which he will see by copies of the proceedings that there was neither precipitancy nor violence, and though the barque was rightly confiscated, as Codrington says she belongs to him, it is sent. Morris is still in hold for accusations of depredations by sea before and after the war against him. Shall be glad if he be found innocent, but cannot refuse justice to his King's subjects. A barque of St. Lucia has been since taken, whose commander is Morris' lieutenant, which is taken to Barbadoes ; prays he will send her back, or it may defer Morris' liberty. Sends two negroes belonging to Barbadoes, and entreats him not to pardon any French who have committed the least piracy, desiring "with an extreme passion" peace and amity between the two nations. His own interpreter will deliver this packet and inventory of his messenger's goods, who has died from fever.
101. II. Col. Codrington to M. De la Barre. Has received his letter. Can hardly judge that Oaker was guilty of invent- ing a report that could not have the least ground, and is informed that at least four of the negroes were taken in the late war from his Majesty's islands of Antigua, Mont- serrat, &c. Hopes it will not appear that a revengeful prejudice occasioned this example. Will only add that had he seized a Frenchman charged with the same facts, he would have sent him to De la Barre for punishment, or at least given him notice before either trial or execution ; but assures him he will be severe on all offenders, as well of the French as his own nation. Knows that Morris did his Prince good service in the war, and hopes that will not be an aggravation of any crime they will make him guilty of. Has ordered this vessel to receive him if he will enlarge him. Knows nothing of the barque, but if she come will seize and send her down and punish the offenders. Together 4 pp. [Col. Papers, Vol. XXIV., Pos. 79, 80.]
38 COLONIAL PAPERS.
1669.
Aug. 23. 102. Warrant to prepare a Bill for making Philip Foussier, an alien born at Rochelle of Protestant parents and himself a Pro- testant, now residing in Barbadoes, a free denizen of England ; but with a clause that he shall have no benefit of the denization till he has taken the oaths of allegiance and supremacy before the Governor, Deputy Governor, or Chief Magistrate of the island. £ p. [Dom. Entry Bh, Chas. IL, Vol. 25, p. 119.]
Aug. 23. 103. A Narrative of Sir Thos. Modyford, Governor of Jamaica, setting forth the grounds and reasons for granting commissions against the Spaniards. His letters to Lord Arlington from Bar- badoes will testify what an aversion he had for the privateers, as also his affectionate letters to the Spanish Governors after his landing in Jamaica on 4th June 1664, and his severe handling those people, by imprisoning them, executing some, and restoring their prizes, to the great hazard of the peace. But when he found how powerful an enemy he had made of those who were formerly the best friends to this place, and who not only knew all their ports, bays, and creeks, but every path in the island, and had many correspondents on shore, and that some of them were gone to the French at Tortuga and Hispaniola, and the rest preparing to go, and could better attempt this place than we could defend it, Modyford found the fatal error he was running into, and having notice of the Dutch war by Lord Arlington's despatch of 12th November 1664, he changed his behaviour so effectually that he persuaded all in or near this harbour to undertake against the Dutch at Cura£ao, giving them suitable commissions and Col. Ed. Morgan, his Deputy Governor, for their general ; they went cheerfully without putting the King to one penny charge, and took Statia and Saba, but by the death of Col. Morgan they scattered and left the rest of that service unperformed. He sent Major Beeston to treat with them for a second voyage to Cura9ao, which they promised to undertake. Meantime he advised the Duke of Albe- marle of the state of this place in relation to the privateers by letters of 6th March 1665; in answer to which he had orders of 30th May 1665 to grant or not commissions against the Spaniards, as to him should seem most advantageous for his Majesty's service, and letters from Lord Arlington, that from the Lord General he should receive his Majesty's directions touching the privateers, and also letters from the Lord Chancellor to the same purpose, and from Sir James Modyford, and also his Grace's own letter in Feb. 1667, confirming all the former, and that after the peace with Spain, as by the abstracts annexed may appear. The privateers meantime were driven to leeward, and the admiral fell in with the^ island of Providence and without any commission took it ; to which Modyford sent a Governor, which was not only approved of at home, but another Governor under the broad seal of England authorised and sent. Yet notwithstanding this full power he would not proceed to grant commissions until the council of this island unanimously affirmed it was for the good of the island and gave their reasons hereto annexed (see previous Vol., 22 Feb. 1666) ;
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and thereupon in March 1666, there being also war with France, he granted commissions, which was approved by his Grace, his end being only to keep them from joining with the French, but they had only commissions for taking ships, and none for landing. He always reproved" them for so acting, especially in the business of Puerto Bello and Maracay ; to which they made their defence by writing, which he sent home, but never received any answer to. Meantime, by reason of their numbers and not knowing the sense at home, he thought it prudential to forbear punishing them ; and, receiving an intimation of his Majesty's sense in his son's letters, and also advice of the intentions of the Spaniards to attempt them, the galleons being daily expected in the Indies, and the New Spain fleet already there, in order to detain the privateers on the island, he repealed all their powers. Hears that divers of them intend to set up for themselves, and only two have as yet joined the French. " If the peace with France were immortal, or if that warlike Prince had no design this way, I should be little con- cerned at the lawless motions of these privateers, but well knowing the uncertainty of the former, and the assuredness of the latter, I must confess it troubles me to be driven to that saddest error of all Governments to act so imprudently as in this most active age to weaken ourselves and strengthen our enemies." Will say something to the unreasonable rumours of the great wealth these privateers are said to gefc ; the Puerto Bello business cleared them 601. per head, and the fight with Don Alonso at Maracay SOL ; this the common sort spent immediately in arms, clothes, and drink, and the owners of the ships in refitting, and some of the officers and civiller sort are settling plantations, and the owners of ships spend their shares in refitting, so that they are from hand to mouth and have little or nothing left. His Majesty's fifteenths he keeps to be employed in fortification, which may be about 6001., and his Royal Highness's tenths he always sent home to Sir William Coventry and Mr. Wren for his Royal Highness's account. To himself they gave only 201. for their commission, which never exceeded 300?. Affirms this to be true touching his transactions with the privateers of this port, and challenges all the bold maligners and rash talkers against his actings in this particular, to disprove the least inconsiderable tittle or circum- stance- herein, not doubting but all sober and true Englishmen will not only absolve him but approve of his proceedings. Annexed, 103. I. Abstract of several letters from Sir James Modyford, the Duke of Albemarle, and the Lord Chancellor to Sir Thos. Modyford. Governor of Jamaica, from 6 Ma.rch 1665 to Feb. 2, 1667, Granting him liberty to give commissions to privateers to take Spaniards rather than lose them from his Majesty's service; notwithstanding the treaty with Spain, in which the Lord General said the West Indies were not at all concerned. Lastly, the Duke of Albemarle, by his letter of 2nd February 1667, hath these expressions, " and for your giving commissions to the privateers (against the Spaniards,) I think you have
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done pursuant to your own instructions and orders sent you, until there shall be some other alternative of these orders." Signed by Sir Thos. Modyford. Together 5 pp. [Col Papers, Vol. XXIV., Nos. 81, 82.]
104. Warrant approving an Order of Council of 20 January 1669 concerning the redress of abuses in the plantations and the appointment by the Farmers of his Majesty's customs of Edward Diggs for the plantation of Virginia as a fit person to execute the articles and instructions in such Order of Council and requiring the Governor of Virginia to be aiding and assisting said Diggs. 1 p. [Dom. Entry Bh, Vol. 25, p. 120.]
105. Robert Southwell to Lord Ashley. Has received his letter of 16 July to procure servants in these parts to serve the Lords Proprietors of Carolina at Port Royal, but though he has explained to some and advised with others how to raise servants, hitherto he could not obtain any, for the thing at present seems new and foreign to them, and they have been so terrified with the ill practise of them to the Caribbee islands, where they were sold as slaves, that as yet they will hardly give credencce to any other usage. Withal they are loth to leave the smoke of their own cabins if they can but beg near it. Observes that the chief hindrance is the many build- ings, repairs, and contrivances that are in all the towns in this country since the settlement of the 49 interest, which has made work for all that will serve, and again it is harvest time where they may earn or steal a sheaf. The Carolina, Joseph West commander, arrived last night, the Albemarle the day before, but the Port Royal has not yet arrived. Has sent a very intelligent person into the country, where he is confident he will prevail with some, who will be the easier persuaded now the ships are here. Knows most of the people will give credit to him, because he never had anything to do with any of the West India trade, but rescued many who were snatched up and conveyed aboard the shipping bound that way. Will do all in his power to serve the Lords Proprietors. 2 pp. [Shaftesbury Papers, Section IX., No. 14.]
106. Joseph West to Lord Ashley. The three ships have been here 1 2 days, but now the wind being fair intends sailing, for he clearly finds his Lordship's expectations will not be any ways answered there in getting servants and a brave wind has been lost going there. The sovereign here and other gentlemen have used all endeavours, but to no purpose, for he is not assured of a man that will go. Mr. Bowman and others not in the way, but hopes they will be aboard before the ships sail. Mr. Reade, a deputy or steward to Major Hambledon, has clearly run away, and so have Humfreys with his wife and child, and he like a rascally knave reported very high and scandalous words against the Proprietors. Has laid out the 30£. received in provisions. Endorsed by John Locke also, (( Post paid 4d." [Shaftesbury Papers, Sectiou IX., No. 15.]
Sept. 1 3. 107. Minutes of the Council of Barbadoes. A black box directed from Whitehall the 20th May last, containing two commissions and
Sept. 10.
Kiasale.
Shaftesbury Papers.
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Sept. 16. Barbadoes.
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other papers relating to St. Christopher's, was delivered to Sir John Yeamans, Col. Philip Bell, Col. Samuel Barwicke, and Col. William Sharpe, by Richard Noke, deputy secretary. \ p. [Col. Entry Bk., No. 11, p. 182.]
108. Sir Jno. Yeamans, Phill. Bell, Sam. Barwicke, and Wm. Sharpe to (Col. Codrington,) Deputy Governor of Barbadoes. In pursuance of his Majesty's commission concerning the English interest at St. Christopher's, have prepared a letter to the Sieur De la Barre to give notice of their powers. And seeing they have no intimation of any shipping appointed for transporting them or pro- vision for defraying the charge of this affair, they desire to know whether he has any orders from his Majesty or Lord Willoughby to supply them, and if not, whether as his Majesty's deputy he will do the same. 1 p. [Col Papers, Vol. XXIV., No. 83.]
109. Sir John Yeamans, Phillip Bell, Will. Sharpe, and Sam. Barwicke to the Sieur De la Barre or the Commander at Martinique. Having received commissions from his Majesty of Great Britain to treat with him or commissioners authorised by the most Christian King, for composing differences that may arise upon putting into execution the most Christian King's orders of 16th January last, for restoring that part of St. Christopher's which the English possessed on 1st January 1665, and concerning ameliorations, diet of prisoners, re-eutry of the English into estates sold to the French, and all other matters, and being instructed to give him notice, and with him fix time and place for meeting, have sent this express that by his answer they may understand his intentions. 1 p. [Col. Papers, Vol. XXIV., No. 84.]
110. Joseph West to Lord Ashley. On leaving this harbour the wind veered and has been against them ever since, but hopes soon to sail. Has received a letter from Mr. Blany with two bills from Robt. Southwell for 30?., which, however, he shall not pass except necessity forces by a long stay here for want of wind. Endorsed by John Locke. [Shaftesbury Papers, Section IX., No. 16.]
[Sept. 22.] 111. Petition of Robert Forth, Merchant, to the King and Council. Petitioner pays his Majesty yearly in customs and excise to the value of 3,000?. or 4,000?., and having several ships now bound for Barbadoes, prays for licence to transport 150 geldings to said island. Endorsed, Rec. Sept. 22, read the 28 June 1669, and granted. 1 p. [Col. Papers, Vol. XXIV., No. 85.]
[Sept. 28.] 112. Narrative of the usages and customs of Barbadoes concern- ing proceedings in the Court of Common Pleas, approved by his Excellency and Council, 17th October 1664. See previous Vol. No. 833, Enclosure I. Endorsed, Read in Council, 28 Sept. 1669. 1 p. [Col. Papers, Vol., XXIV., No. 86.]
[Sept. 30.] 113. Deposition of William Lowe before Sir Thos. Modyford
Jamaica. Deponent with 11 others prisoners in Cartagena, made their escape
the £fth June last, and left behind them 27 English prisoners :
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Shaftesbury Papers.
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viz., Henry Bragg, John Elliott, Hugh Long, Robt. Cookei', Edward Browne, Roger Caun, Richard Wight, Emanuel Manchy, Hainan Howman, Hugh Hunter, George and his wife, Richard Glascow, Richard Trelawny, Jno. Brewen, Thomas Holland, Godfry, Jno. Woodham, James — , Arthur Certis, Paul Hopely, Mathew Rider, Edwd. Gameu, Thomas Cree, Win. Beates, William Pike, and John Richardson. All which were cruelly used, and put to hard labour daily frorn'4 in the morning till 7 in the evening, each being in irons of the weight of 26 lb., many days without any allowance and at best but half a rial a day, often times beaten cruelly by the over- seers and soldiers, and upon complaint to the Governor of the small- ness or no allowance of provisions, had this return, " starve for hunger, and go to hell." After escape they took some Spaniards prisoners, who informed them that the above 27 were in irons, and it 's thought they will be starved, if relief be not obtained. 1 p. [Col. Papers, Vol. XXIV., No. 87.]
Oct. 1. 114. Governor Sir Thos. Modyford to Sec. Lord Arlington. Has Jamaica, lately received his of llth May, in favour of John Woolley. Since his Lordship referred him to the Lord General's directions touching the privateers of this port, he has corresponded with his Grace about their motions and the powers he gave them, which his Grace in all his returns approved of; and had the same been remembered by his Lordship, he should not in the late debates touching these matters, have been thought so imprudent as he hears he has been. Has sent his son a narrative of that affair, to present his Lordship with, also abstract of the General, the Chancellor, and his Lord- ship's letters touching the same [see ante No. 103. I.] which he promises himself will