1355. Lords Proprietors of Carolina to the Governor and Council
of Ashley River. We desire you again to take notice that Oyster
Point is the place that we appoint for the port town to be called
Charles-town, and to take care that all ships that enter the Ashley
and Cooper rivers do load and unload there. Each of the Lords
Proprietors is to have five acres reserved within the said town for
the town lot, which you shall cause to be run out to such as shall
send to demand it in such places as their agents require. And you
will leave as much land in one piece in other convenient places for
the Lords that do not send to demand it, taking care always for the
regularity and straightness of your street as directed in our last.
And since the taking up of town lots by persons who do not build
thereon may be a means to binder others who would presently
build, thereby delaying the building of the town, you are to pass
the grant of every man under the decree of a Proprietor, with a
proviso that the foundation of his house shall be laid in less than
one year and a house erected before the expiration of two years;
otherwise it shall be lawful for any other to take the said land and
build thereon. And if any person having already erected one house
on his town lot desires to build more, we are content that he
shall have more lots, provided he will erect a house of at least thirty
feet long and sixteen feet broad and two stories high, besides
garrets, in each lot within twelve months after taking up the lot.
Mr. Beresford having given us assurance that he will in three years'
time have over forty able persons upon his plantation, we have
granted him a manor of 3,000 acres of land, for which you will pass
him a grant when he desires it. We are informed that there are
many whales upon the coast of Carolina, which fish is reserved to
us by our fundamental constitution. We have notwithstanding
thought fit (for the benefit of Carolina) to give all inhabitants of
our province free leave for seven years from Michaelmas next to take
what whales they can and convert them to their own use. And
this concession you are to make public that any who will may take
the benefit of it. That more than ordinary care may be taken to
do justice to the Indians, we have appointed by our Commission a
particular judicature for that purpose; you will publish this and
yield obedience thereto. We have also granted 3,000 acres of land
to Mr. Christopher Smith in the same terms as we have granted
them to Mr. Beresford; but note that if the persons to whom we
have made these grants fail to bring in the hands within the time
that they have promised "you are at liberty to grant to other
persons so much of the said land, taking it proportionally fronting
to the river as after the rate of 70 acres per person they shall have
failed to bring of the number promised." Signed, Albemarle,
Berkeley, P. Colleton, Craven, Shaftesbury. [Col. Entry Bk.,
Vol. XX., pp. 147–149.]
1356. Commission from the Lords Proprietors of Carolina to
Colonel Joseph West, one of the Landgraves of Carolina (or to the
Governor for the time being), Andrew Perceval, Maurice Mathewes,
William Fuller, John Smith, Jonathan Fitz, and John Boone,
appointing them or any three of them to take cognisance of an
determine any disputes between Indians and Englishmen. Signed
and sealed by the five proprietors named in the preceding abstract.
[Col. Entry Bk., Vol. XX., pp. 149, 150.]
1357. Instructions to the Commissioners aforesaid. (1) To meet
and sit once in two months on a fixed day at Charlestown; and if
there be any occasion the Governor and three of the Commissioners
may summon the rest to sit elsewhere between the fixed days.
(2) To take care that no Indians that are friendly and that live
within 200 miles of the territory be made slaves or sent out of the
country without special orders. (3) To examine all quarrels likely
to produce misunderstanding between the Proprietors and the
Indians and report to the Grand Council the best means of reconciliation. If the Grand Council will not act, they are to report to
the Proprietors. (4) To regulate all trade difficulties between
Christians and Indians, but not to meddle with any orders given or
to be given concerning the trade with the Vestos or other remote
tribes. Their powers are to redress injuries done to Indians, not to
involve the Proprietors in war. (5) To represent to the Governor
and Council any case where an Indian is deserving of reward; and
if anything be defective in this matter that concerns the Proprietors'
interest to report the same to the Proprietors. (6) To keep a book
of their proceedings, orders, &c., also the petitions, grievances, &c.,
of Indians, the latter to be attested by the Commissioners. This
journal to be kept by the Secretary of the Province and a copy
therefore sent home every year. (7) To publish their Commission.
(8) All embassies from Indians about peace or war to go to the
Governor and Council, all leagues and treaties being left to the
Governor and Council, and grievances only left to the Commissioners.
Signed as the foregoing. [Col. Entry Bk., Vol. XX., pp. 150–152.]
1358. Governor Sir William Stapleton to Lords of Trade and
Plantations. Your orders of the 23rd January and despatches for
the other Islands reached me on the 8th instant; also the order for
1,500l., which is not enough to complete the building of the faces
and flanks of a good fort. There is one point in connection with
the seizure of the English ship by the French on which you may
wish to be satisfied. By the sentence of the French Judge the
seizure was made on pretence that the goods were brought to
St. Christophers by a Dutch ship from St. Eustatius. I protest
before God that there is no such thing really as goods brought by
a Dutch ship to English St. Christophers—to the best of my
knowledge and as far as any negative can be sworn to. The
partial Judge Dupas never wanted a pretence for biassed
judgments, and so I told the French General when I met him. But
if there were any such thing as goods brought by a Dutch ship to
St. Christophers, where is his reason or jurisdiction for condemning
an English ship for it? The truth is that after the trial, but not
before nor during it, there was a Dutch ship at St. Eustatius, which
might have traded there in defiance of me, I having no fort built
nor guns mounted there. Hearing that she was there, I ordered
the Captain of the ketch (copy of order enclosed) to seize her; but
the bird was flown, and I thereupon dismissed the then Commander
and appointed one Captain Peter Batterie Commander in that place.
"It were to be wished that St. Eustatius, Saba, and Anguilla were
as much under water as above it, so the people were off."
In accordance with your orders of 14th November (which took
twelve weeks in its passage) I have sent an express to these Islands
to learn their past and present condition. It is impossible to
restore them to the state in which they were when taken by me;
for St. Eustatius was subsequently retaken by Mynheere Bynckes
and Everson, who plundered their own nation and the few of ours
that were there. After they were gone for Virginia and New
York, some poor people left there for their poverty and a few others
who had come there since the peace, applied to me for protection,
and in the King's name I did protect them from the French. The
only expense on this account was 16,000 lbs. of sugar, which at
our prices current is 100l. sterling, and fifty muskets out of the
King's stores. I await your decision whether this should be
charged against the States-General or His Majesty, only remarking,
if it be urged that the money was spent in preparing defence
against the Dutch, that they themselves pillaged the Island, while
I never took the value of a sixpence from it. I beg to be pardoned
if I do not answer your questions fully in this letter; this is
rather an acknowledgment than a report, which I have not yet had
time to prepare. Saba is in a better condition than when taken;
it matters not much how soon it is restored to the Dutch. Pending
receipt of the King's orders for restitution I shall endeavour to
persuade as many as I can to go to St. Christophers or Antigua,
or any other of these four Islands that they may prefer, but they
are such a mixed brood that they are more prone to stay than
come off. If you will search the records of the old Committee of
Plantations you will find the former and present condition of the
two Islands as well described as in any letter that I could send.
My care must now be to prevent their trading, which I judge to
be the design of the States or the Proprietors, the Dutch having
now no sugar colony in these parts since the Indians have confined
them to their Surinam fort. They will lose that unless reinforced,
part of the succour having, as I am told, been captured by the
Algerines. I must beg you to procure me the payment of my
arrears in Sir Tobias Bridge's regiment. I am at more contingent
charges than any Governor, owing to the dispersion of my Government and its intermixture with French Islands. Saba was taken
by English privateers 5th August 1665; retaken by John Sympson,
Governor of St. Martin's; taken from them in the last war by
my Commission on 4th July 1672. St. Eustatius was taken 23rd
July 1665 by the privateers; retaken from the Dutch by my
Commission on 4th July 1672 as above. Both Islands are very
insignificant for any settlement. Holograph. 2 pp. Endorsed,
Read 21 July 1680. [Col. Papers, Vol. XLIV., No. 59, and Col.
Entry Bk., Vol. XLVI., pp. 426–429. Annexed,|
1358, i. Order to Captain James Aire, of the Deptford ketch,
to seize a Dutch vessel reported to be at anchor in
St. Eustatius Roads. Dated 29th November 1680. [Col.
Entry Bk., Vol. XLVI., p. 429.]|
1359. Governor Sir William Stapleton to Mr. Secretary Coventry.
I received by Captain Crispe your letter respecting the negotiations
that are to be set on foot in France for the Treaty of Neutrality,
for which and for all your care my hearty thanks. It is no small
shame to the French General that the Treaty is not confirmed,
for he pretended to me that his power was absolute. Both he and
Count d'Estre'es believed mine to be deficient, whereupon, at the
supplication of the inhabitants, I consented, much against my will,
to give supernumerarry hostages. I suppose they hold for a maxim
in that Court an answer given once by Cardinal Mazarin in my
own hearing to an officer who alleged a promise made to him, "Le
roy n'est pas esclave de sa parolle." It was during that King's
minority at Fontainebleau. Pray recommend the affairs of these
Islands to Lord Sunderland or to any others that may be concerned,
Holograph. 1 p. Endorsed, Recd. 27 July 1680. [Col. Papers,
Vol. XLIV., No. 60, and Col. Entry Bk., Vol. XLVI., pp. 429,
1360. Governor Bradstreet to the Committee of Trade and
Plantations. Encloses answers to inquiries. Desires His Majesty
and their Lordships to be fully informed of the state and condition
of the Colony, as, he understands, there have been several misinformations, as, for instance, that they have no right to land and
government, that they protected the regicides, which is manifestly
untrue, and that they violate the Trade and Navigation Acts,
whereby His Majesty is damaged to the extent of 100,000l. yearly.
But, on the strictest inquiry from merchants, it is found that there
has never been 5,000l. irregularly traded, and then the damage is
inconsiderable, as for what they carry hence they pay full custom
at the place from whence they first bring them. Has helped
Mr. Randolph as much as he could, who has been very active; does
not hear that he has met with any forfeits there to bring to trial;
he has complained of affront and discouragement, which would
have been severely punished had the persons been known; the
people here show him little respect, as they look upon him as one
that has sought the ruin of the Colony by incensing His Majesty
and their Honours against it. Signed, Simon Bradstreet. Endorsed, Recd. 29th June 1680. 1 p. With seal. Enclosure,
1360. i. Answers from Massachusetts to the 27 inquiries of
the Committee for Trade and Plantations, concerning
government, population, trade, &c. Have no standing
forces, but in each of their 40 towns a foot company
of listed soldiers, trained six times a year; in Boston
there are eight, in Salem two companies; have also six
or seven troops of horse. No privateers or pirates
frequent their coasts; perhaps once in seven or ten years
a prize may be brought to the harbour; two years since
Captain Bernard Lamoyne, a Frenchman, brought a
Dutch prize taken on the coast of Cuba. The strength
of their neighbours is not great; the greatest strength of
the Indians since the war being the Maquees 200 miles
to the west towards Canada; have little commerce with
the French at Canada, who are reported to be 4,000 or
5,000 men; they at Nova Scotia are few and weak. Their
bounds are by land 40 or 50 miles, by sea not more
than eight or ten leagues; not one acre of ten or twenty
in many places improvable. Chief trading towns, Boston,
Charlestown, and Salem, a little trade for country people
at Newbury and Ipswich; houses in the country generally
of timber, many with strong palisadoes; since the last
great fire in Boston it is ordered that all houses should be
built of brick or stone, which will yet hardly be attained
by reason of the inhabitants' poverty. The country is
divided into about 40 divisions; in Boston there are
three large churches, with four ministers, in the other
towns generally one minister, sometimes two. Have few
manufactures vendible in foreign parts; the linen and
woollen cloth, shoes, hats, &c., made there are chiefly
used in the country; their staple commodities are fish,
peltry, horses, provisions, cider, boards, timber, pipestaves; fish formerly more beneficial for trade with the
plantations in America than now, wherewith their
merchants produced sugar, rum, indigo, cotton-wool;
tobacco which they transport usually in their own vessels
to England; some pipe-staves and fish sent to Madeira
for wine. There is good timber, tar, pitch, and iron made
in the country, though of no great quantity; hemp and
flax grow well, but labour is so dear that it cannot be made
a commodity to send to other parts; their rigging is sent
from England much cheaper than it can be made there.
The country in general is very poor, and it is hard for
the people to clothe themselves and families, but they
make a good shift for victuals owing to the free allotting
of lands at their first coming thither. Near 20 English
merchants there, and as many more trading thither, no
foreign merchants. Very few English, Scots, Irish, or
foreigners have come to plant there for seven years; they
rather go to Carolina and places less inhabited, all their
lands near the sea-coast being appropriated, while to
subdue the upper country is more difficult, and must be
done by degrees by the settled inhabitants. No company of blacks has been brought there for fifty years
from the beginning of the plantation, but one small
vessel arrived two years since after 20 months' voyage
from Madagascar with 40 or 50 negroes, mostly women or
children, who sold for 10l., 15l., 20l., which stood the
merchants in near 40l. apiece one with another. Now
and then two or three negroes are brought from Barbadoes
and other English plantations and sold for about 20l.
apiece, so that there may be in their government about
120, and it may be as many Scots bought and sold for
servants in the time of the war with Scotland, and most
now married and living there, and about half so many
Irish. Not above five or six blacks born in a year, none
baptised; about 400 or 500 whites born one year and
another, most baptised except those who do not desire it.
About 200 or 300 marriages a year; generally there are
more born than die, except at the Indian war, when 700
or 800 died in war and no less from small-pox. There
are two or three merchants worth 18,000l. apiece; he is
counted a rich man in the country who is worth 1,000l.
or 1,500l.; it must be a very great stock of cattle that
will amount to 500l. There are about 100 or 120 ships
of all kinds trading there, their own or English build;
six or eight English ships come in a year. The obstructions to trade are the swamping of markets with
English goods, the Algiers men-of-war infesting the seas,
the French at Nova Scotia and the Governor of New
York interrupting their fishing, and the paying double
customs for sugar, indigo, cotton-wool, first at the places
where they are laden and again in England. The greatest
encouragements to their trade would be the confirmation
of their privileges and making them a free port. No
duties on exports, 1d. a lb. on imports, 1s. 8d. a head
poll-tax, and a small rate on wines imported and retailed,
amounting in all to 1,500l. a year, which is all the revenue
they have. Their religion in doctrine is the same with
the reformed churches, in discipline congregational, except
about 80 or 100 Anabaptists, generally of the meaner
sort, and near half so many Quakers, whom they account
not among the number of Christians. The instruction
of the people is by public preaching and lectures,
catechising the youth, &c. In Boston ministers are
maintained by a voluntary weekly contribution, in the
rest of the towns by a yearly assessment of the inhabitants, to which they freely assent, the several courts
taking care that all ministers have comfortable maintenance. Have no beggars and few idle vagabonds,
except now and then some few Quakers from Rhode
Island; all towns are required to provide for their poor
and impotent. Endorsed, Recd. 28th June 1680. 5 pp.
[Col. Papers, Vol. XLIV., No. 61, and Col. Entry Bk.,
Vol. LXI., pp. 40–55.]|
1361. The Council of Jamaica to Lords of Trade and Plantations. On reading your Lordships' letter of 14th January we must
express our satisfaction for His Majesty's care in all the methods of
government appointed for this Colony, and, in requiring frequent
reports of all transactions and of our opinions for the improvement
of the Island. Our transactions and debates in Council have been
inconsiderable since the dissolution of the Assembly. We have
met but three times—for swearing in the new Chief Justice, for
the regulation of cask, and for adding a supplemental clause to
the Revenue Act. As to what passed during the sitting of the
Assembly, Lord Carlisle has doubtless acquainted you, the said
Assembly allowing us (according to this new model, wherein the
word Council is omitted from the enacting part) so small a share
in the legislative authority that they would never vouchsafe us
debate or conference on any point in difference, thereby rendering
us only a useless part of the Government, to be bound and concluded
by all they shall do or say as our representatives under their title
of General Assembly of the Island.
As to our trade, nothing can further it more than a firm and
uninterrupted preservation of the peace made with the Spaniard in
these parts. Though instructed by the King to this end, the
Governor can do little from want of ships to reduce the privateers,
and of plain laws to punish them. Could this peace but be well
kept, a good and neighbouring correspondence would follow, and a
private trade connived at by the Spanish Governors and officers
both on the Main and in the Islands adjacent to the great expense
of our English manufactures, and the general benefit of the nation,
as well as of this Island and the shipping trading unto it (sic).
For the vast duties paid in Spain on our English goods, and the
great advance upon them made by the Spaniards (with all the
charges of transporting them here to the West Indies), will by
this more direct conveyance come to be divided between His
Majesty's subjects, and be an inducement to afford them here to
the Spaniards on much easier terms than can be brought from
Spain, and an encouragement to the Spaniards not only to admit
us to a private trade in their outports and creeks, but also to come
to us and bring us money and goods wherewith to purchase our
English commodities. We cannot give better proof of this than
the trade that at present is, and of late hath been, driven with
them by divers people from hence, notwithstanding the detestable
depredations of some of our nation (who pass for inhabitants of
Jamaica) under colour of French commissions. How much greater
would their confidence be in us could these "ravenous vermin"
be destroyed. His Majesty to this very end keeps a fourth-rate
frigate or two constantly about this Island, but with no better
success than to drive the privateers into distant and secure creeks
and holes to commit their robberies on canoes, sloops, and barks
where no fourth-rate frigate can follow them, as they have done in
the bays of Nova Hispania and Honduras, and in the gulf of
Matica. Despairing of any countenance or protection here, the
privateers resort for protection to the French, thereby strengthening
them and weakening us, and they never want specious protests for
irreconcilable hostility to the Spaniards in the horrid butcheries of
divers of their fellow subjects, who have unhappily fallen into
their power. The number of the privateers is also increased hereby,
for any sailors that escape these cruelties forget their duty to God
and man, and give themselves wholly up to implacable revenge,
having no hope of redress here or in Europe.|
For the preservation of peace, therefore, it is absolutely necessary
that the Spanish Governors and officers in the West Indies do
their duty, for all the acts of our privateers are disowned by
us and every endeavour made to bring the offenders to justice,
whereas the acts of the Spaniards are encouraged and owned by
authority. We humbly suggest, as the surest way of putting down
these incorrigible robbers, the ratification of an Act, formerly
transmitted by us, declaring it felony, without benefit of clergy,
for any of the King's subjects in the West Indies, to serve any
foreign prince against any other foreign prince at amity with
England without a licence from the Governor. And for the better
enforcement of the Act we suggest the appointment of a couple of
sixth-rate frigates or "yatches" Whic can follow them into shoal
water, with a fifth-rate frigate to support them, with orders to
demand and take from them all English subjects in their service.
They are now grown to such a height of strength and desperation
that a smaller force will not suffice for the first year. They have
one ship of 28 guns, one of 24, one of 12, one of 8 (besides sloops
and barks), all extraordinarily well manned, and much better armed
than any of our European shipping. The biggest of them was the
prize taken by one Peter Harris from the Dutch, in chase of which
His Majesty's ship Success was unfortunately lost.|
Lastly, as your Lordships require our opinions as to what is
best for the improvement of the Island, we would represent to you
the discouragement given to planting by the diversity of sentiment
and opinion respecting the new model of Government, which we
hope, by your Lordships' prudence and Lord Carlisle's mediation,
may be in some measure removed. We humbly offer it to your
better judgments (as taught by experience what is best for the
King's service), that the same trust may be lodged in the present
Governor as in his predcessors for framing and passing of laws.
If anything should pass us by error or mistake it may be soon and
easily remedied as soon as the King shall declare the determination
of that Act. Signed, Hen. Morgan, F. Watson, Rob. Byndloss,
Charles Whitfeld, Tho. Ballard, Tho. Freeman, John Webb, Hder.
Moleworth, Wm. Ivy. "Subscribed at the Council board in my
presence at Port Royal, 21st May 1680." Signed, Carlisle.
Countersigned, Rowland Powell. "Read, 10 Sept." 4½ pp. [Col.
Papers, Vol. XLIV., No. 62, and Col. Entry Bk., Vol. XXIX.,
1362. Governor Sir Jonathan Atkins to Lords of Trade and
Plantations. My last was of 1st April, wherein I answered as many
as were possible in the time of your questions of 26th June 1679.
Your letters come so confusedly to me that it is impossible to answer
them in order, for by reason of cross-winds the letters of August,
November, and January came to my hands not long before April,
and the alarm of Algerine pirates joined to the former misfortune
of cross winds makes their voyages long. Some were fourteen, some
seventeen weeks on the voyage. The backwardness of the sugar
crop this year has caused some ships to wait here six months for
freight, very little sugar being yet ready for them, and the dread
of the Turks makes most of them resolve to go round byIreland
and Scotland, which will make their voyages longer than ever. I
am forced to mention this since I find your Lordships much inclined
to believe that when returns come not according to expectation the
fact is imputable to negligence or disobedience, for which there is
no reason on my part. In further answer to your letter of 16th
January 1679–80, it is true that when I found out my mistake in
passing the Act for the 4½ per cent. I did ingeniously confess my
error, since your Lordships thought it such, though I gave you the
reasons which induced me to it, and which might have prevailed
with a wiser man than myself, considering that I could not convince
myself that any harm would accrue to the King from it. I hope
your Lordships will be more favourable than to draw the conclusion that because I made that one mistake I am therefore always
in fault, for my sole endeavour is to satisfy you. It is true also
that I assented to some temporary laws, according to the occasion
whereby they were enforced and in pursuance of the constant
practice of the Island, such as the impost on liquors. The taxes
raised by the country for repair of existing works and construction of new, for providing ordnance and arms for defence of
the Island, and for payment of gunners and matrosses and for many
other charges, all of which determine and cease when the occasion
for such extraordinary provision passes away, have been a very
great charge to Barbadoes. The taxes once imposed, the Barbadians
order the collecting and disposing of the money. I never concerned
myself with any of the public moneys, nor touched them. I gave
my orders as to repairs, new works, arms and other matters of
military defence, and they appoint their own Treasurer and
Receiver and Commissioners to see the work done. In my Commission it is laid down that the laws to which I am to assent
should be made as near as may be to the laws of England. I found
that many of the laws of England were temporary, some till next
session of Parliament, some for a longer time; and as it has always
been the practice here to make laws according to the necessity of
their duration, I esteemed it no crime to follow those examples.
Your Lordships are pleased to say in the same letter that you are
well informed that divers Assemblies have met since the 2nd
October 1678, and that many Acts were since passed which have
not been transmitted to you. The Acts now sent will show that
you were mistaken. You acknowledge receipt of the Acts to that
time, which must needs be within the time limited, since it is not
four years since my assumption of the Government to the time
when I sent them, and from the day of their despatch to the day
when they came to you must needs be a competent time. Neither,
again, were the Acts made at the same time, but at different times
according to the different adjournments, which are sometimes for
two months, sometimes for three. When the Legislature does sit,
it seldom sits more than a day, and when Acts are sent up from
the Assembly to the Council they sometimes lie under consideration
for a month or two, or are returned with amendments which delays
their passing still longer. I have often repeated to your Lordships
that by express law of the country the Assembly can sit no more
than a year, and that a new one must then be summoned as occasion
requires, so that from the time noticed by your Lordships there was
a cessation; and although there was an Assembly at that time in
being, yet few Acts were passed, as the dates of those now transmitted will show. The Assembly passed three other Acts as well
as those sent, but the Council conceived them to encroach on the
Royal prerogative and laid them by. By one of them they
undertook to erect a new Court of Chancery and to appoint fees
and orders for the same, imposing intolerable penalties upon the
offenders that should take or proceed by any other orders than
those expressed in the Act, and concluding with the binding proviso
that it should not be in the power of anyone to pardon or remit
these penalties. All these matters were well enough settled already,
and the Council utterly rejected the bill. The Council also rejected
another Act, for Habeas Corpus, as unnecessary, unfit, and
impracticable. I know of no one that has been imprisoned except
condemned criminals since I came here, but one Mr. Smith, shop
keeper in the town, who, having behaved himself very rudely and
reproached one of the Council sitting in Court, was by order of the
Council committed to the Marshal, and after a short imprisonment
discharged. The third Act referred to is one concerning the Jews.
The King by several Letters Patent grants denizenation to most
part and indeed to all the considerable part of that nation here,
amounting to 28 or 30 persons. The Assembly would deprive
them of the benefit of His Majesty's grant, as the severe Act
presented by them will show. These three Acts were most of the
work done by that Assembly, which the Council, finding the King's
prerogative so much concerned therein, thought not fit to offer to
me to pass. The present Assembly, which was not summoned
until some months after, was called to provide money to finish the
fortifications, a very necessary work. The Acts passed since their
sessions, and all others that I know of, I have sent to you according
to your late orders. I submit it to your Lordships to consider
whether those are Acts fit to be passed or not, and shall proceed
according to your resolutions. As to the next paragraph in your
letter, I think I told you in my last that the churches, thanks to
my Lord of London, are well supplied with orthodox ministers,
who receive a competent maintenance from the country, so that
they do not regret their voyage. I also gave you full particulars
of the militia, of the judges, of the land and the negroes. I have
also delivered your letter to the Council, which has been recorded
according to your orders, also the letters to the Clerk of the Assembly
and to the Secretary.
I have often complained of the great invasion of the rights of the
Government by the granting of Patents for all the officers of this
Island, but as yet without remedy. Now, however, that your
Lordships have called attention to this evil, I doubt not that you
will prevail with His Majesty to redress it. It must needs be very
prejudicial to a place to have all the offices of trus in the hands
of strangers, most of them little accountable, and without exception
acting only by a deputy of as little credit as themselves. By my
commission I am not prohibited from disposing of any office unless
it be such as was formerly granted by Patent, which were only two.
The first of these is the Secretaryship, granted to Mr. Morley, whose
Deputy is Mr. Stede, a man of ability and fit parts for the post; the
other is the Marshalship, vested in Mr. Stede himself, but the profits
thereof are so small that it will scarce maintain his deputy with
the charge belonging to it. Notwithstanding the King's Patent
and a law of the country that all offices of trust shall be disposed
of by the Governor, there is not the smallest office, though not
worth the expense of obtaining, but is under a Patent. When I
came first I confirmed the place of the Clerk of the Market by a
patent, as they call it here, under the seal of the country, which
according to my Commission is good against the King and his
successors. But one Mr. Wyatt obtained a Patent under the Great
Seal, and the other gentleman was removed. I was not willing to
dispute it, he being very old, and having served the late King and
being a great sufferer, as they pretended. But this poor gentleman
lived not long, and the next news I hear is that another Patent
was granted in the name of one Mr. Thomas Robson, who likewise
appointed his deputy. And there the office now remains. The
breach thus begun upon the Government, the next Patent was
obtained by one Abraham Langford for the Naval Office, which
certainly by the Acts of Parliament and of Navigation were never
intended to be disposed of by any but the Governors of the
Plantations, who are solely accountable for the same, as having power
to erect the office and being subject to great penalties for any
miscarriage therein. The Governor forfeits 1,000l. and is declared
incapable of serving the King, yet still this man is imposed on me,
and I have no security from him or his deputy. The next Patent
was obtained by one Jones, who having lived some time by play
and other courses as idle here, went to England and obtained a
Patent for the Post Office, which, indeed, is no office, at least no
office established, but only permitted by the Governor for the
convenience of those that lived far up country, in order that when
ships arrive the letters may be sent there where people can know
where to find them. The post is of so small concernment that it
was not worth the cost of the Patent, wherefore Jones obtained
another for the Registrar's place of the A lmiralty. The two together
are not worth enough to maintain a deputy, though he has ordained
a deputy to each; but the King has revoked this last by Privy Seal
and replaced the man who was turned out. The last Patent was
brought me by one Mr. Binkes who is deputy's deputy to two
persons whom I never heard of before. Their names as inserted
therein are John Benlows and Samuel Winslow. They have
obtained a patent for two lives of the place of Examiner and Clerk
of the Chancery which I had disposed of before, on the death of
the late officer, by a grant under the Seal of the Island, as I had
power to do. But these two places would not content them, and
they got the Clerk of the Crown's place joined in the same Patent,
which, though of little value, would serve to recompense some honest
and deserving person. For my part I never did nor ever will make
profit out of any office whatsoever, whereby the King's honour
may seem to be lessened and his interest converted into disservice,
which must needs follow the diminution of the Government's
authority, for where there is no dependence, obedience seldom
follows. Knowing the power of my commission and having received
your Lordships' letter, I have not accepted that Patent and shall
not until I receive further orders. I have at last procured a chart
of the Island, but I cannot commend it much. It cost the fellow
a good sum of money to get it perfected, for he was forced to send
it for England, but that it is true in all particulars I cannot assume.
There is none that ever undertook it here except himself. He is
a Quaker, as your Lordships may perceive by his not mentioning
the churches nor expressing the fortifications, of both which they
make great scruple. Endorsed, "Recd. 13 August 1680. Read,
17th. Transmitting several Acts and a Map." 6½ closely written
pages. [Col. Papers, Vol. XLIV., No. 63, and Col. Entry Bk.,
Vol. VII., pp. 11–20.]|
1363. The Governor and Company of Massachusetts to the Earl
of Sunderland. At a General Court convened in obedience to His
Majesty's letter of 24th July 1679, it was ordered that the number
of assistants should be filled up, all military commissions run in
His Majesty's name, and all persons coming to any office or trust
take the oath of allegiance; all which is practised. All their commissions for the government of New Hampshire have been recalled,
the Governor has taken the oath to observe the Trade and
Navigation Acts. A considerable number of the members of the
General Assembly not being able to attend from the extremity of
the season, further consideration of the remaining particulars of
His Majesty's letter was deferred till this present court of election,
wherein they are now assembled, though prevented from making
further answer by the sudden departure of the ship by which
this is sent. Know no colour for the complaint of their severity
from the people of Maine, the Massachusetts having defended them
from utter ruin during the Indian war at the charges of the
Massachusetts, amounting to many thousands of pounds. Signed,
Simon Bradstreet. 1p. [Col. Papers, Vol. XLIV., No. 64, and
Col. Entry Bk., Vol. LXI., pp, 85, 86.]
1364. Journal of Assembly of Nevis. The circular letter of the
Lords of Trade and Plantations to the Clerk of Assembly, dated
14th January (ante, No. 1263). Proposal by the Governor, touching
the continuance of the fort on Pelican's Point, that the Assembly
meet on Tuesday to consider of it. [Col. Papers, Vol. XLIV.,
1365. The Duke of York to Sir Edward Andros. Recent proposals
tendered to me about faiming my revenue in New York have
given me occasion to make further inquiry thereunto. I have
therefore sent out Mr. Lewen to make such inquiry and expect you
to give him all possible help. On his arrival I think it well that
you should repair hither not only to give us information, but also
the better to obviate such matters as might, however undeservedly,
leave a blemish on you. You may commit the government to the
care of Lieutenant Brockholes. [Col. Entry Bk., Vol. LXX.,
1366. Sir John Werden to Sir Edward Andros. I have received
yours of 10th and 15th February, but as it is the Duke's pleasure that
you repair hither as soon as you can, I can then better say all that I
have to tell you. Meanwhile the Duke approves of the several officers
proposed by you consequently on the death of Lieutenant Salisbury.
You will see from the Duke's letter and from Mr. Lewen's commission that what we chiefly inquire after is the charge and revenue
of your Government, of which we have met with calculations so
vastly differing from your accounts that the Duke has sent out
Lewen if for no more than to justify you. For the rest and all
that relates to your behaviour in your government, whatever the
complaints and charges against you, it is best that you should be
here, not only to defend yourself but to explain these and other
points in your Government as to which I, for my part, can only
confess to having loose and scattered notions. [Col. Entry Bk.,
Vol. LXX., p. 32.]
1367. Commission from the Duke of York to John Lewen. To
inquire and find out the estate, rents, revenues, and perquisites
of his lands in New York and Albany, and to be his agent
in America generally. 1¼ pp. [Col. Entry Bk., Vol. LXX.,
pp. 28, 29.]
1368. Instructions to John Lewen in his capacity as Agent to
the Duke of York. Fifteen heads. [Col. Entry Bk., Vol. LXX.,
pp. 28, 31.]
1369. Journal of Assembly of Nevis. Nine members present.
Address to the Governor, that looking to the inconsiderable sum
given by the King towards the building of the fort on Pelican's
Point, the work be not resumed as his Excellency had proposed.
Ordered, that an answer to the letter of Lords of Trade and
Plantations of 14th January be drawn up. Copy of the letter,
dated 10th July, acknowledging receipt of the circular, and
signed by Thomas Thorne, Clerk of Assembly. [Col. Papers,
Vol. XLIV., No. 65.]
1370. The Secretary for Jamaica to Lords of Trade and
Plantations. Your Lordships' letter of 14th January received.
The suddenness of my Lord Carlisle's departure hath prevented
my discharging my duty so amply as your Lordships direct,
having by his Excellency made as large a return of obedience as
the time would enable me. I enclose the muster rolls of all the
Horse and Foot in Jamaica, the Surveyor-General's account of
land "run out" by him, and present state of Jamaica's Government, both civil and military. I have not received any account
of the numbers of whites and blacks, dead and born, from any
Custos Rotulorum, except from Sir Henry Morgan and Colonel
John Cope, in Port Royal and Guanaboa. Captain Charles
Morgan's return of the stores in the forts is enclosed. I have
again and again demanded from the Receiver-General a rental
of the quit rents, but can get none from him. He alleges that he
cannot as yet give a perfect one, which he hath been long and
still is endeavouring to effect by searching after document patents,
either off the Island in possession of persons not known, or
unwilling from some sinister end to produce them, or which have
not been enrolled in the office of enrolments. I shall pursue the
matter till I get it to a better maturity, and meanwhile have
already a rental from the Clerk of the Patents. Your Lordships'
queries are before me, but from the pressure on the officers caused
by my last demands I cannot answer them categorically yet.
Signed, Rowland Powell. Inscribed, Received from E. of Carlisle,
20 Sept. 1680. [Col. Papers, Vol. XLV., No. 1; and Col. Entry
Book, Vol. XXIX., pp. 412–414.] Annexed,
1370. i. A List of the several Regiments of Foot and Troops of
Horse in Jamaica, with their several quotas:—
||Number of Companies.
||Officers and Men.
1. Port Royal Regiment, commanded by Sir Henry Morgan
2. Colonel Freeman's
3. Colonel Cope's
4. Colonel Whitfield's
5. Sir Francis Watson's
6. Colonel Byndloss's
7. Colonel Fuller's
The Troops of Horse are six, with 364 men. Total
officers and soldiers, Horse and Foot, 4,526.
1370. ii. Abstract of the Port Royal Regiment under the
command of Sir Henry Morgan, Lieutenant-General of
Jamaica. "In all eleven hundred and eighty-one men,
officers and soldiers, of which there are about a third
part belonging to sloops and barks trading about the
Island, and therefore inconstant in their appearances."
1370. iii. Nominal Rolls of the Companies in the Regiment of
Port Royal, Colonel Sir Henry Morgan, viz.:—
A. Sir Henry Morgan's Company, 4 officers, 76 men.
B. Lieutenant-Colonel Beeston's Company, 3 officers,
C. Major Molesworth's Company, 3 officers, 152 men.
D. Captain Bach's Company, 3 officers, 124 men.
E. Captain Charles Morgan's Company, 2 officers,
F. Captain Anthony Swimmer's Company, 3 officers,
G. Captain Richard Heme's Company, 3 officers,
H. Captain Penhallow's Company, 3 officers, 139 men.
J. Captain Hudson's Company, 3 officers, 105 men.
K. Captain Hodgkin's Company, 3 officers, 66 men.
1370. iv. Nominal Rolls of the Companies in Colonel Thomas
Freeman's Regiment of Foot, viz.:—
A. Colonel Thomas Freeman's Company, 3 officers,
B. Major Edward Stanton's Company, 3 officers,
C. Captain Classen's Company, 3 officers, 30 men.
D. Captain Fargar's Company, 3 officers, 55 men.
E. Captain Richardson's Company, 3 officers, 82 men.
F. Lieutenant-Colonel Whitfield's Company, 3 officers,
1370. v. Nominal Rolls of the Companies in Colonel John Cope's
Regiment of Foot, viz.:—
A. Colonel Cope's Company, 3 officers, 31 men.
B. Lieutenant-Colonel Aylemore's Company, 3 officers,
C. Major George Reed's Company, 3 officers, 35 men.
D. Captain Edward Cooke's Company, 3 officers, 91
E. Captain Benjamin Smith's Company, 3 officers, 65
F. Captain Richard Fleminge's Company, 3 officers, 81
G. Captain William Brewer's Company, 3 officers, 71
H. Captain John Moone's Company, 3 officers, 78 men.
1370. vi. Nominal Rolls of the Companies of Colonel Charles
Whitfield's Regiment, viz.:—
A. Colonel Whitfield's Company, 3 officers, 68 men.
B. Lieutenant-Colonel Samuel Barry's Company, 3
officers, 79 men.
C. Major Parker's Company, 3 officers, 96 men.
D. Captain Delacree's Company, 3 officers, 83 men.
E. Captain Henry Archbold's Company, 3 officers, 82
F. Captain Francis Scarlett's Company, 3 officers, 120
G. Captain John Parnaby's Company, 3 officers, 112
1370. vii. Nominal Rolls of the Companies in Sir Francis Watson's Regiment, viz.:—
A. Colonel Sir Francis Watson's Company, 3 officers,
B. Lieutenant-Colonel William Ivey's Company, 3 officers, 107 men.
C. Major Robert Varney's Company, 2 officers, 99 men.
D. Captain George Fawcett's Company, 3 officers, 69
E. Captain Andrew Knight's Company, 3 officers, 74
1370. viii. Nominal Rolls of His Excellency's Regiment of Foot
Guards, commanded by Colonel Robert Byndloss, viz.:—
A. Colonel Byndloss's Company, 3 officers, 81 men.
B. Lieutenant-Colonel Theodore Cary's Company, 3
officers, 117 men.
C. Major George Nedham's Company, 2 officers, 41
D. Captain Edmund Duck's Company, 3 officers, 131
E. Captain Henry Hezey's (? Vesey) Company, 3 officers, 33 men.
F. His Excellency's Company, 3 officers, 171 men.
1370. ix. Nominal Rolls of the Troops of His Excellency's
Regiment of Horse, commanded by Colonel Thomas
A. His Excellency's particular Troop of Guards, 3 officers,
B. Major Ayscough's Troop, 3 officers, 56 men.
C. Captain Henry Rymes's Troop, 3 officers, 56 men.
D. Captain Richard Brayne's Troop, 3 officers, 42 men.
E. Captain Julius Herring's Troop, 3 officers, 58 men.
F. Captain Thomas Reeves's Troop, 3 officers, 54 men.
The muster rolls of the infantry are in nearly every
case made out in files, six men to a file, sometimes
alphabetically only, more often according to the actual
constitution of the file. In one case a company, evidently
commanded by an old-fashioned officer, is mustered in
files of ten men. The cavalry muster rolls are drawn up
in three parallel columns according to the three divisions
in which each troop was organised; the Captain's division
to the left of the sheet, the Cornet's in the centre, and the
Lieutenant's to the right.
1370. x. The Surveyor-General's general abstract of land run out.
The total of land granted is 68, 534 acres, of which
17,983¾ acres are surveyed, leaving 50,550¼ acres. The
quit rent of the acre land granted that is already surveyed
is 36l. 1s. 10d. and of the foot land 28l. 8s., making in all
64l. 9s. 10d, Signed, R. Felgate, Surveyor-General.
1370. xi. Returns showing the number of inhabitants, male and
female, black and white, together with the births and
deaths since the 18th July 1678.
1370. XI. In the Parish of Port Royal
1370. XII. Port Royal, Middle Precinct
1370. XIII. Port Royal, Western Precinct
1370. XIV.St. John's
[Col Papers, Vol. XLV., Nos. 1, i.–xiv.]
1371. A brief account of the Government of Jamaica, Civil and
Military. The Island is divided into fifteen parishes, which make
several precincts or countries in which are Courts of Common Pleas
and Quarter Sessions established. The Parishes are St. Thomas,
St. David's, St. Andrew's, Port Royal, St. Catherine's, St. Thomasin-the-Vale. St. Dorothy's, Clarendon, Vere, St. Elizabeth's,
St. James', St. Ann's, St. Mary's, and St. George's.
||Judges of Court of Common Pieas.
||Justices of the Peace.
William Parker. Edmond Delacree.
Charles Whit-field, J.P.
Reginald Wilson. Anthony Swimmer.
Sir Henry Morgan, J.P.
Sir Thomas Modyford, J.P.
George Fawcelt. Andrew Knight.
Samuel Long, J.P.
St. Elizabeth's. St. James'.
Jonathan Ashurst. John Barrow.
Thomas Fuller, J.P.
[Each of these parishes has its own Court of Common Pleas, but one Com-missioner of the Peace.]
Thomas Ayscough. Whitgift Aylemore.
John Cope, J.P.
The Supreme Court of Judicature is established at St. Jago de
la Vega and held every three months.
Chief Justice: Samuel Long (late).
Judges: John Colebeck, Samuel Bernard, Samuel Barry.
Attorney-General: Edmond Ducke.
Registrar: Reginald Wilson.
Provost Marshal: Edward Yeomans.
Judge of the Admiralty: Richard Brayne.
There are in the Island seven regiments of foot and one of
In the Parishes of:—
Colonel Thomas Freeman's Regiment of
Foot (See ante, No. 1370 v. Captain
Richardson's Company is here given as
Captain Christopher Cope's).
Captain Thomas Reeves' Troop of Horse
(see ante, No. 1370 ix).
Colonel Charles' Whitfield's Regiment of
Captain Richard Brayne's Troop of Horse
(see ante, Nos. 1370 vi. and ix.)
Sir Henry Morgan's Regiment of Foot (see
ante, No. 1370 III. Major Theodore
Cary appears here instead of Major
Molesworth, Captains Samuel Gerard and
Robert Hewet instead of Hudson and
His Excellency's Regiment of Foot (Lieutenant-Colonel Colebeck, Major John
Bourden, Captains George Nedham,
Edmond Ducke, John Vesey).
Lieutenant-Colonel Ballard's Troop of
Horse (see ante, Nos. 1370 viii. and
Colonel Anthony Collier's Regiment of
Foot (Lieutenant-Colonel Samuel Long,
no Major, Captains Robert Varney and
George Fawcett, see ante No. 1370 vii.,
where the regiment appears as Sir Francis
Captain Henry Rymes's Troop of Horse.
Colonel John Cope's Regiment of Foot
I (given here as of but six companies,
Major Richard Oldfield, Captains Reed,
Brewer, Cooke, and Moone, see ante,
No. 1370 v.).
Major Thomas Ayscough's Troop of Horse.
Colonel Thomas Fuller's Regiment of Foot
(Lieutenant-Colonel Richard Scott, Major
Samuel Jenks, Captains John Vassall,
John Barrow, John Davis. N.B.—This
regiment does not appear in the other
Captain Julius Herring's Troop of Horse.
Signed, Rowland Powell, Secretary. 4 pp. [Col. Papers,
Vol. XLIV., No. 2, and Col. Entry Bk., Vol. XXIX., pp. 434–440.]
1372. Colonel Francis Moryson to [William Blathwayt?]. I
write in favour of the petition of a poor man, the only person
saved of all those condemned in Virginia [Robert Jones of Charles
City County, see below, his petition]. By my own and Lady
Berkeley's means, I have been expecting some general act of
grace, hoping to get his name inserted to save his fees; but now
Lord Culpeper is going to Virginia, I conceive he will carry an Act
of Oblivion with him, which will be as proper at this time for that
meridian as it was formerly for England. If it should be omitted,
I hear there will always be troubles there. It will be an act of
charity to save the life of the poor man. Encloses,
1372. i. Petition of Robert Jones, of Charles City County in
Virginia, to the King. Sets forth his loyalty during the
time of the unhappy troubles in England and the many
wounds he then received; that he was taken prisoner by
the said rebels and by them banished and sold into
Virginia; that he was seduced into the late rebellion in
Virginia, but returned to his obedience to the Government,
and served under Colonel Epps, but was afterwards seized
by Governor Berkeley's warrant, tried and brought in
guilty of treason, and sentenced to death. Prays for
pardon and forgiveness for his rebellion free of charge,
being very poor, and that his poor estate may not be
taken from him. 1 p. [Col. Papers, Vol. XLV.,
Nos. 3, 3 I.]|