America and West Indies: December 1660

Pages 492-498

Calendar of State Papers Colonial, America and West Indies: Volume 1, 1574-1660. Originally published by Her Majesty's Stationery Office, London, 1860.

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December 1660

Dec. 1.
59. Commission to Edw. Hyde, Lord Chancellor, Thos. Earl of Southampton, Lord Treasurer, Edw. Earl of Manchester, Lord Chamberlain, Theop. Earl of Lincoln, John Earl of Clare, Jas. Earl of Marlborough, Jerome Earl of Portland, Will. Visct. Say and Sele, and others. The King judging it necessary that so many remote colonies and governments, "so many ways considerable to our crown," should be brought under an uniform inspection and conduct for their future regulation, security, and improvement, they are appointed a standing Council, with authority to any five to take into their consideration the condition of the foreign plantations, according to instructions annexed. Power to appoint clerks, messengers, &c., whose salaries are not to exceed 300l. per annum. [Copy.] Annexed,
59. I. Instructions for the Council appointed for Foreign Plantations. To inform themselves of the state of the plantations, and by what commissions they are governed, copies of which, and of all grants, are to be registered in a book to be provided for that purpose. To write to every Governor and to all who hold patents from the Crown, that a general Council of trade has been erected, and "this particular Council" appointed, and to require an exact account of their affairs, of the nature and constitution of their laws and government, the number of men, fortifications, &c. To establish a correspondence with the several Governors, so as to be able to give the King an account of the government of each colony, their complaints, wants, growth, commodities, trade, that all may be regulated upon equal ground and principle. To adopt means for rendering those dominions and England mutually helpful, to bring them into a more uniform government, and order the better distribution of justice. To inquire into the government of the colonies of foreign states, and to apply what is good and practicable to the English plantations. To call experienced merchants, planters, seamen, &c., to their assistance. To take especial care for the strict execution of the late Act for the encouragement and increase of shipping and navigation. To consider how the colonies may be best supplied with servants; that no persons may be forced or enticed away by unlawful or indirect ways; that those willing to be transported thither may be encouraged; and a course legally settled to send over vagrants and others "who remain here noxious and unprofitable." To provide learned and orthodox ministers for the plantations, and instructions for regulating and reforming the debaucheries of planters and servants. To consider how the natives and slaves may be invited and made capable of baptism in the Christian faith. To dispose of all matters relating to the good government, improvement, and management of the plantations.
[Dec. 4.] 60. Petition of Colonel John Blount, and Ladies Mary and Jane Alexander, daughters of the late Earl of Stirling, to the King. William, late Earl of Stirling, Secretary of Scotland, having at vast expense planted a colony in Nova Scotia, lost his whole fortune, when at the conclusion of peace, it was restored to the French. For his relief, the late King granted him 10,000l. out of the exchequer and profits in Scotland. The Earl died before payment was made, and the petitioner Blount, who married Dame Mary, Countess of Stirling, has disbursed for her and her children 2,500l. Pray for letters patent for satisfaction of the 10,000l. out of the King's receipts in Scotland, Col. Blount having faithfully served his late Majesty and the King ever since the first was in Scotland, and commanded the King's own regiment of horse. With reference to the Lord Chamberlain, to report what is fit to be done. Annexed,
60. I Report of Edward Earl of Manchester to the King. Finds by the patent to William late Earl of Stirling, that his plantation of Nova Scotia was rendered back to the French according to the treaty, and that the late King granted him 10,000l. payable out of the first profits of the revenue of Scotland, which the petitioner affirms to be yet unsatisfied. Conceives it equitable that the petitioners should be paid. Endorsed, "Read at the Committee 12 March 1661."
Dec. 10.
Star Chamber, Westminster.
Minutes of Council for Foreign Plantations. Notifying the names of those members who attended to hear their commission and instructions read; and appointing Philip Froude, recommended by the King, Clerk or Secretary of the Council. [Colonial Corresp., 1660, Dec. 1., p. 5.]
Dec. 11. 61. Petition of Sir Lewis Kirke, John Kirke and Francis Berkeley to the King. Have an interest in Nova Scotia and Canada, on account of 60,000l. sterling due to them by articles of agreement with the French at the surrender of Quebec 1632; pray that those countries may not be put into the hands of any other until their grievances are heard. With order of reference to the Earl of Lindsey, Lord Great Chamberlain, the Lord Vist. of Valentia, Sir Fredk. Cornwallis and others, including Sir Ed. Nicholas and Sir William Morrice, Secretary of State, to examine [Thos.] Elliott and the petitioners, and report to the King. Annexed,
61. I. The title and interest of England to the Gulf of St. Lawrence, the Great River of Canada, and all the northern territories and countries of America bordering upon either of them, and now called Canada and Nova Francia. Also, on the same sheet,
61. II. The situation of the Gulf of St. Lawrence and the Great River of Canada, and estimate of the profits that will arise to England by the possession of them, and the danger and discommodity if it be not done.
Dec. 11.
Minutes of Council of Barbadoes. Examination of the public accounts. Committee appointed. Appointment of Col. Humphrey Walrond, President of the Council; of Fras. Lord Willoughby, of Parham, Lieut.-Gen. of the province of Carliola; his letter to Col. Thos. Modyford, concerning the powers deputed to him by Lord Willoughby. Col. Modyford's reply, requesting to see Walrond's powers. Humphrey Walrond's message to Modyford, desiring him first to disband the soldiers. Modyford's answer, setting forth that the forces were raised for common security only; that they have two patents under His Majesty's broad seal and commission, from Lord Carlisle, demanding a Secretary only to be admitted, which they are ready to show. The President's reply, that upon disbanding the soldiers he will show his commission and the powers he has received. Order dismissing the troops and proclaiming that Colonels H. Walrond, Daniel Searle, Sir Rich. Peers, Cols. Henry Shelly, Edmund Reid, Thos. Ellis, Lt-Col. Jas. Browne, Wm. Kirton, and Col. John Yeamans have full powers to carry on the government of the island. Disbanding of the forces and submission to Willoughby's President and Council. Order for publication of His Majesty's royal title, and for proclaiming the King in a legal and sufficient manner. Proclamation by Col. Humphrey Walrond in virtue of a commission of 24 Sept. 1660, from Lord Willoughby to himself and the Council above-named, requiring all officers and public ministers under the degree of a field officer to continue in their several offices. [Colonial Entry Bk., Vol. XI., pp. 30–37.]
Dec. 17–31. Minutes of three meetings of the Council for Foreign Plantations. The names of those present are recorded, when adjournments took place on the 17th, 21st, and 31st Dec., without proceeding to any business. [Colonial Corresp., 1660, Dec. 1, p. 7.]
[Dec. 19.] 62. Petition and address of Governor Endecott, in the name of the General Court of Boston, to the King. Set forth the reasons of their transporting themselves "into this vast and waste wilderness;" the complaints against them, which they are ready to answer; and the open blasphemies of the Quakers, and their incorrigible contempt of authority. Pray for the King's protection and a continuance of those privileges and liberties which they have hitherto enjoyed. Endorsed, "Dated and delivered to the care of [Capt. John] Leverett, with a paper of instructions, Dec. 19, 1660, and presented by him Feb. 11, 1660–61." Annexed,
62. I. Instructions for our honoured and loving friend, John Leverett, or, in his absence, for Richard Salstonstall and Henry Astwood. To take the first opportunity to deliver the petitions to the King and Parliament. To intreat gentlemen of worth in Parliament or near the King to favour the cause, and immediately ascertain His Majesty's sentiments upon their petition. If demanded what their privileges were, to answer those granted by patent and hitherto enjoyed in Church and Commonwealth, without any other power imposed on them, and to use his utmost endeavours to free them from customs. In matter of complaints relating to the bounds of their patent, to let them have notice before any determination is concluded against them, which being done they will acquiesce in the decision of Parliament relating to ironworks. Concerning the Quakers, their answer is in the printed declaration and petition to the King, which it is hoped will satisfy, but if there be any desire to encourage their coming to New England, or to permit them liberty there, which God forbid, to use his utmost interest "to prevent; as being destructive to our being here, and so contrary to our consciences to permit; and no less `apprehension' of us than the destroying of us and ours by the sword." To give timely intelligence of all that concerns them. If objection is made that their patent is forfeited, to ask for particulars, when reply will be give in due season. If called upon to answer these or other matters, to let it be understood that an agent could not be authorized to act for them without the charges were known against them. "A true copy of what was said to be the original."
62. II. Another copy of the preceding [the word apprehension is written appression].
62. III. Another copy of the above [the word appression is written oppression]. With the speech of Daniel Denison, called the Major-General in New England, to the Quakers, when he sat in a Court of Judicature: "You will go to England to complain this year, the next year they wil send to see if it be true, and by next year the government in England will be changed; 80 speaking in a scoffing manner, rejecting the thing."
Dec. 24.
63. Col. Humphrey Walrond to [Sec Nicholas?] On 17th inst, John Walrond, Secretary to Lord Willoughby, arrived with the King's mandamus, requiring Willoughby to take charge of the government of Barbadoes, who has directed a commission to himself as President and to several others of the island to administer the government. On 20th inst. the King was proclaimed with all expressions of joy and thankfulness.
64. Colonel Temple to [Thos. Povey]. His last was by Capt. Woodgreene [see ante, p. 489, No. 44]. Not having received a line from England thinks his letters have miscarried. Hears the King has granted the country he possesses to [Thomas] Elliott of the Bedchamber. Confesses he was at first extremely dismayed, having in a manner been banished to a wilderness for adhering to the late King's interest. It was requisite to accept a commission from "the present power" for protection from all invasion; hopes it will not be imputed a crime. His faithfulness in the late King's service is well known. "One of the last commands that he [the King] whispered to Kirke on the scaffold was to charge this King to have a care of honest Tom Temple." Has sent a copy of his case and title to the land he possesses, and written to Lord Say, but knows not what the issue will be. Account of monies he has paid to the State and others for these lands. Hopes the King will not ruin him. "Whither shall afflicted and oppressed suppliants fly if not to the thrones of their Princes?" Sends by Col. Crowne petition to the King in both their and Delatour's names. Excuses for not yet sending any returns for the Company's goods. The bearer, Capt. Breedon, will inform him of the state of his affairs. Reasons that prevented his going to England. Sends piece of rock from a copper mine, as rich as any in the world; description. Capt. Breedon, to whom he has promised an equal share with his own, will amply inform him about it. Was very ill used by Capt. Middleton. Conjures him not to withdraw his assistance in this his great adversity. His brothers or some friends may help vindicate his right, or with a little money "he may take off Mr. Elliott," or, in any case, he may rent it rather than be utterly ruined. If Elliott knew how much more in fame than value it [Nova Scotia] was, he would rather give than take it from any man. Has acquainted no one in England but the bearer with the richness of the mine. Annexed,
64. I. Petition of Charles St. Stephen, Lord Delatour, Baronet of Nova Scotia, Thos. Temple, and Wil. Crowne to the Privy Council. Set forth King James's grant of 1621 to Lord Stirling of all Nova Scotia, with power to create baronets there, confirmed by King Charles in 1625. Lord Stirling's grant of part of the country to Delatour, who with his father first settled in the wilderness among the savages, 15 years before any grant was passed. Their quiet possession of those lands until Maj-Gen. Sedgwick in 1654 violently forced them out and plundered them of their goods to the valve of about 10,000l. Right of Temple and Crowne by purchase from Delatour. Are informed that some, not knowing the true state of their right, have endeavoured to obtain a grant of Nova Scotia from His Majesty. Pray for permission to prove their title, and that nothing may be done in the interim to their prejudice. Endorsed, "Received 1 March 1660–61. Refd 8 March. Read at the Committee 12 March." [See also ante, Nos. 28, 60, pp. 485, 493.]
1660? 65. Petition of Giles Silvester, merchant, on behalf of himself and other inhabitants of Shelter Island, near the colony of New Haven, in New England, to the Council for Plantations. Set forth King Charles I.'s grant to Lord Stirling of Shelter Island, the purchase from the Indians of their right and title, the desertion of the island by Lord Stirling's deputy for want of seasonable supplies, and the sale of it in 1651 to Col. Thomas Middleton, who at great charges settled the plantation. Prays for satisfaction from the Government of New Haven for breaking open their houses and seizing and confiscating all their estates, because of their refusal to acknowledge obedience to the jurisdiction of the Governor.
1660? 66. The case of Henry, Earl of Stirling, concerning Nova Scotia. Recital of the patents to Sir Will. Alexander of 10 Dec. [sic, should be Sept.] 1621, of 12 July 1625, and 3 May 1627. Sir William being dead, and also his son Henry, late Earl of Stirling, the present Earl is heir. It was said that, at the King's command, Sir William withdrew his plantations in New Scotland, but if so, it was upon a consideration of 10,000l. to be paid by His Majesty, Sir William having expended above 20,000l. in settling the plantation. Lord Stirling prays, in regard the 10,000l. remains unpaid, that the King will continue to him the grant of that country.
1660? 67. Mem. relating to Sir Will. Alexander's title to Nova Scotia. The country was granted to him by patent, dated 10 Sept. 1621. On 30 April 1630, for good considerations, he granted it to Delatour. Major Sedgwick takes it from Delatour [in 1654], and Cromwell by letters patent of 10 Aug. 1656, grants it to Delatour, Thos. Temple, and Will. Crowne and their heirs for ever, with certain reservations. Delatour then makes over his right to Temple and Crowne, 20 Sept. 1656, and Colonel Temple is now in possession.
1660? 68. "Extracts from several pieces relating to the title to Nova Scotia," in the handwriting of Sir Jos. Williamson. Discovery by Delatour in 1606, who built for his own habitation St. John's Fort. Recapitulation of the several patents and grants from King James and Cromwell in 1656, "and so it remained when the King returned." Williamson adds that it may be doubted in which Prince is the right of sovereignty, whether of England or France, and asks what pretensions are to be allowed, Kirke and Berkeley for 60,000l Gibbons for mortgage, or the Earl of Stirling's heirs for 10,000l.
1660? 69. Memorial concerning Lord Willoughby, of Parham, for accommodating Barbadoes and the Caribbee Islands. A good strong ship of 200 tons at least, well furnished and victualled for 50 men for 12 months, to be sent to Barbadoes; all charges to be paid out of the King's revenue in the island; arms and ammunition to be provided.