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Nov. 4.
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1623. Laws enacted by his Royal Highness James Duke of York
and Albany, the 4th Nov. 1667, and established at New York ;
as also some forms of oaths, &c. ; with index. These laws are
entered in alphabetical order with the following titles, viz. :
Absence, Actions, Administrations, Amerciaments, Appearance, Appeals,
Apprizement of goods, Arrests, Assessments, Assaults, Assizes,
Attachment and summons, Attorneys, Bail, Barratry, Ballast, Bills,
Bond-slavery, Bounds, Brewers, Births, marriages, and burials,
Burials, Capital Laws, Cattle, Cornfields, Fences, Causes, Church,
Churchwardens, Charges public, Children and servants, Chirurgeons,
midwives, physicians, Constables, Conveyances, deeds, and writings,
Condemned persons, Courts, Council, Defamation, Distracted persons,
Dowries, Fasting and thanksgiving days, Fees, Fees of a
Justice of peace, Fees of an High Sheriff, Fees of the High Constable
and Under Sheriff, Fees of a Petty Constable, Fees of the
Clerk of the Sessions and Writs, Fees of the Clerk of Assizes,
Fees of the Court, Fees of the Marshal, Fees of the Crier of the
Court, Fornication, Forgery, Fires and burnings, Fugitives, Horses
and Mares, Impresses, Innkeepers and ordinaries, Indians, Jurors
and juries, Justices of the Peace, Lands, Laws, Lying and false
news, Marriage, In what cases it shall not be punishable to remarry,
Masters, servants, and labourers, Military affairs, Officers
and offices, Orphans, Overseers, Payments, Packer, cask, cooper,
gager, Pipestaves, Possession, Pounds, prisons, and stocks, Public
affairs, Records, Sailors, Sheriff, Townships, Votes, Warrants,
Weights and measures, Witnesses, Wolves, and Wrecks of the sea.
The forms of oaths are for : Summons, Attachment, Replevin,
Recognizance, Fidelity to his Royal Highness, of the Council, High
Sheriff, Justice of the Peace, High Constable and Under Sheriff,
Constable, Overseers, Surveyor, Public Notary, Jury in Causes
and of Life and Death, Witnesses, Apprizers of Goods, Viewer of
Pipestaves, Packer, and Marshal. 258 pp. without Index. [Col.
Entry Bk., No. LXXII.]
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Nov. 5.
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1624. Warrant to the Farmers of the Customs. Whereas his
Majesty understands that upon his late directions for the restraint
of transportation of horses and horsemen into France, some inferior
officers in the ports make difficulty to permit horses to be shipped
for his Majesty's foreign Plantations, although the persons concerned
have obtained Royal passes for the same ; his Majesty's pleasure is
that orders be forthwith given to the inferior officers of the Customs
to permit such numbers of horses, mares, or geldings to be from time
to time transported into his Majesty's foreign Plantations as by
warrant under the Royal signature shall be authorised. 1 p. [Dom.
Entry Bk., Chas. II., Vol. XXIII., p. 576.]
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Nov. 8?
Virginia.
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1625. Thomas Ludwell, Secretary, to John Lord Berkeley of
Stratton. They are troubled that they have been so long without
any intelligence from England. This poor country is reduced to a
very miserable condition by a continual course of misfortunes. Lord
Baltimore at one stroke lopped their present and future hopes of the
benefit of a cessation ; in April following they had a most prodigious
storm of hail, many as big as turkey eggs, which destroyed most of
their young mast and fruit and forward English grain, brake all the
glass windows, and beat holes through the tiles of their houses,
killing many hogs and cattle. On 5th June the Dutch did so much
mischief they will never recover their reputations ; then came 40
days' rain, and on 27th August followed the most dreadful hurricane
that ever this colony groaned under, which lasted 24 hours. Description
of it and the ravages it committed ; the nearest computation is
10,000 houses blown down. The Assembly have voted five forts of
eight guns each ; where to be situated, and the reasons for selecting
each spot. Beseeches his influence with the Privy Council to allow
no ship to come without ammunition and shot for them. Disadvantages
of building a fort at Point Comfort. 4 pp. [Col. Papers,
Vol. XXI., No. 141.]
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Nov. 9.
Warwick.
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1626. Samuel Gorton and Randall Howldon to Col. Nicolls,
Governor of New York. Above a year ago they preferred a petition
to the Commissioners at New York about a small neck of land in
the Narragansett country, which the Sachems voluntarily gave them,
chiefly for having presented their voluntary subjection to the King's
Royal father. Said land borders upon those lands concerning which
the Massachusetts forced a deed of sale from the Sachems, and was
excepted in said deed, as being the indubitable right of the writers ;
yet one Richard Smith and his father (late deceased) have surreptitiously
and forcibly kept said lands from them for eight years past,
so have been forced to commence a suit in law against Smith, who
was the chief instrument of the intrusion of the men of Massachusetts
into the King's Province and of many other abuses which are set
forth. Pray he will give his sense of said order, whether it comprehend
any lands or privileges which are excluded the bounds of
all claim of the men of Massachusetts by virtue of that pretended
deed, procured within the confines of the King's Province, so they
may either see their way to prosecute their suit or sit down under
the burden as formerly. 1 pp. [Col. Papers, Vol. XXI., No. 142.]
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Nov. 11.
Virginia.
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1627. Gov. Sir W. Berkeley to [Sec. Lord Arlington]. Would
not be thought so negligent as to let any ship leave the colony without
writing. In great want of powder and great shot. Desires
that no ship may be permitted to come hither without bringing 10
or 20 barrels of powder, they paying for it 50 per cent. more than
it cost in England ; are building five small forts ; a mighty wind
on 27th August destroyed four-fifths of their tobacco and corn
and blew down in two hours 15,000 houses in Virginia and Maryland.
The New Englandmen with joy and confidence relate that
England is like to fall into a civil war, &c. Indorsed, Read at the
Committee 7th March 1667(-8). Read at the Council 14th March
1667(-8). 2 pp. [Col. Papers, Vol. XXI., No. 143.]
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Nov. 12.
Fort James.
New York.
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1628. Col. Nicolls to Sec. Lord Arlington. Since his last by Sir
Wm. Davison's ship the Orange Tree they have neither seen nor
heard of any ship bound for New England, but if credit be given
to flying reports they must conclude that the whole nation is more
than distressed with foreign and civil wars, and the want of ships
this whole summer gives great latitude to their apprehensions of
some extraordinary disaster befallen his Majesty. Knows not what
to believe or what to write, but counts it his duty to let slip no
opportunity that his Majesty may know that all the coasts of New
England have enjoyed peace, though through negligence and illconduct
a great part of the Virginia fleet was taken and destroyed
shamefully in June last. To prevent the incursions of the French
from Canada, Nicolls has turned one-third of the country militia
into horse and dragoons ; the like is done in Connecticut, but the
grandees of Boston are too proud to be dealt with, saying that his
Majesty is well satisfied with their loyalty and has recalled both
his Commission and disgraced his Commissioners. These discouragements
fall heavy on us poor mortals who know no interest
but his Majesty's. When his Majesty is truly informed how advantageously
we are posted by situation to bridle his enemies and
secure his good subjects, Nicolls presumes to think that his Majesty
will afford much of his countenance to them, notwithstanding he has
granted the whole tract to his Royal Highness. Indorsed, "R[eceived]
12 Feb." Printed in New York Documents, III., 167, 168. 2 pp.
Col. Papers, Vol. XXI., No. 144.]
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[Nov. 13.]
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1629. Petition of Clement Everard, Theo. Lovering, Willm.
Freeman, Roger Erington, Gilbert Loxley, Ph. Payne, Willm. Rice,
John Allen, Alexr. Overy, Wm. Willes, and Saml. Payne, in behalf
of several thousand distressed people, some time the inhabitants of
the island of St. Christopher's, to the King. "That St. Christopher's
was one of the flourishing colonies, the first and the best earth that
ever was inhabited by Englishmen amongst the heathen cannibals
in America." The loyalty of Sir Thomas Warner drew several
persons to that island after the usurped powers ruled in England.
Men who had been in his Majesty's service, their estates sequestered,
and brave able divines, all maintained the government of the
Church of England, and there was not to the last losing of the
island a factious person, as Independent, Anabaptist, Quaker, or
rigid Presbyterian. Pray that a colony so ancient and loyal, the
mother island of all these parts, the fountain from whence all the
rest of these islands have been watered with planters, may not lie
in the hands of another nation ; and since his Majesty has taken
care in the articles with France that they shall be restored to their
estates, beseech his Majesty to consider their unhappy condition as
set forth in their remonstrance. Annexed,
The humble remonstrance above mentioned set forth the
articles between the English and French upon the invasion and
surrender of St. Christopher's on 11 April 1666. The continued
oppressions of the French ever since. That many thousands
have been by them transported to Nevis, Montserrat, Antigua,
New England, Jamaica, and other parts. That many sold their
estates for almost nothing, and were stripped and plundered of
all they had at sea ; and that since the treaty of peace the
French having intelligence that petitioners are to be restored
to their estates, have ruined most of the plantations, and on
pretence of improvement challenge vast sums, although they
have carried away and destroyed since the articles 100 times
the value of what they demand. That if any were appointed
te examine the inhumanities of the French nation with the
bloody and barbarous usage of the Indians by their order, and
the miserable cruelties shown to prisoners of war, it would
make all nations abhor the name of that nation. They would
make Christians grind in the mills instead of cattle, thousands
being starved for want, thousands being sent to uninhabited
lands. If St. Christopher's should continue in the hands of
any other nation, it is not to be understood the prejudice that
will arise to all these islands, besides the want of the salt made
upon the island for New England and Virginia. Indorsed,
Read in Council, Nov. 13, 1667. Referred to the Plantations.
4 pp. [Col. Papers, Vol. XXI., No. 145.]
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Nov. 16.
Mount's Bay.
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1630. Major John Scott to Joseph Williamson. Refers to two
letters he wrote from Barbadoes, one of which he hears Lord Willoughby
has obstructed, and the other was taken by the Dutch [see
ante, No. 1531]. Presumes there is no occasion to hasten giving
an account of the defences of the Caribbee Islands, having met
with news of peace. Left Montserrat, Saba, Anguilla, Nevis, and
Antigua on the 10th Sept. in good condition, and arrived at Barbadoes
the 16th, and after giving account of the state of the
islands, being employed to St. Christopher's and Martinico to exchange
prisoners, embarked on this fleet to give an account of same
to his Majesty and his ministers. A rich fleet put to sea on 18th
Sept. ; five from Guinea, three of the Royal Company ; met with
very severe weather in which two ships foundered, and some other
ships are wanting. Made Land's End on 15th inst. with 43 sail,
but a violent wind sent some to sea. Account of the most violent
hurricane on 22 August that "ever hapned since the Uropians setled
the Creeby Islands," in which 10 New England ships were cast
away. Hopes Sir John Harman who had embarked for "Kian and
Saraim," (Cayenne and Surinam) escaped the storm. Indorsed,
Rec. 25th. 1 pp. [Col. Papers, Vol. XXI., No. 146.]
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Nov. 21.
Nevis.
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1631. Minutes of a meeting of the Governor, Council, and
Assembly of Nevis, Sir Tobias Bridge, and other military officers.
Considering the great scarcity of necessaries, whereby his Majesty's
regiment, under Sir Tobias Bridge, and the inhabitants are under
great straits, it is ordered that liberty of trade be granted to two
ships of Hamburgh, provided that it be not for a precedent. "I do
enter my dissent, Francis Sampson, Secretary." 1 pp. [Col. Papers,
Vol. XXI., No. 147.]
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Nov. 22.
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1632. A true Declaration of the carriage of the Indians about a
vessel of Will. Weexes, taken by them at one of the Elizabeth Isles.
On the night of the 18th Nov. his vessel drove ashore in the harbour
at the west end of that island next to Quickshole ; they went to
warm themselves at an Indian house, when the Indians, having consulted
with their Sachem, told them they had determined to take
the ship and goods. They would only grant his wearing clothes and
some provisions, and took his vessel of 15 tons, with all its furniture
and contents. The vessel did not seem to be staved when they
viewed her at low water, only her rudder broken. Inventory of the
freight aboard. Goody Doggett testifies that the Indians took the
ship and goods, and divided and fetched away the meat and meal.
"This is the copy of what is under oath, Thomas Mayhew."
Printed in New York Documents, III., 168, 169. 1 p. [Col. Papers,
Vol. XXI., No. 148.]
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Nov. 26.
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1633. Gov. Wm. Lord Willoughby to Sec. Lord Arlington. This
is the 12th express he has sent for England since his arrival, but his
Lordship's of Sept. 3rd is the first received, and with it the articles
(of peace). His son Harry and Sir John Harman arrived from
Cayenne and Surinam on 10th inst. ; the former they took Sept. 15th,
the latter Oct. 8th, without much loss, but Hans exceeded Mons. much
in his defence, and it was an honourable parting blow. Will send
Williamson an exact narrative. Has not received one syllable of order
either from his King or his Lordship till the last express, and pretends
not much either to civil or military govrnment, yet in both
has been successful in some measure, and had the war continued and
he could have scrambled up victuals for the fleet, is confident Mons.
had been totally routed in these parts. Intends to go for the Leeward
Isles in 10 days, where he expects disputes with Mons. about the
prisoners, the articles in that point being for their advantage ; however
will endeavour to be as good a husband for his master as he can,
and his revenue here requires it, for there is already more charged on
it than in five years it will discharge, and the creditors and Governor
not receive a penny. The whole revenue of 4 per cent, will not
amount to 6,000l. per annum, necessary charges deducted, though the
people here value it at as much more. It will be convenient for him
to come for England as soon as he has settled his Majesty's affairs at
Leeward and this island. Begs his favour to advance this request to
his Majesty. Has made some trials among the Assemblymen concerning
settling a Post Office, but being forced to be perpetually
grating on them for money, thought it not convenient to push too
hard as yet. Is informed that Mr. Hambleton [? James Hamilton,
see ante, No. 1556] has obtained a grant for the Marshal's place of this
island ; it is not the place Lord Willoughby values, but the King's
service, and if such things be done it will make his Governors
slighted by the people ; besides, that place is by an Act of this country
established in the Governor's disposal, and likewise in his patent
from his Majesty ; but no man of honour ought to make any
advantage of it, nor does he. 2 pp. [Col. Papers, Vol. XXI.,
No. 149.]
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Nov. 26.
St. Jago de la
Vega.
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1634. Minutes of the Council of Jamaica. Petition of John Stiles
to have one Christian free from military duty, not granted. Ordered
that the guards in town be dissolved, and that the Constable's
guard exercise every fortnight ; against inhabitants of Guanaboe and
Savanna passing to the north side without tickets ; and for reducing
the guards in certain places. 1 pp. [Col. Entry Bk., No. XXXIV.,
pp. 169, 170.]
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Nov.
Whitehall.
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1635. The King to Col. Temple, Governor of Nova Scotia. In
pursuance of the treaty of Breda, signed the 21/31 July last, his Majesty,
by these presents, which he has directed to be put into the hands of
the most Christian King, commands Col. Temple to restore forthwith
to said King or to such as he shall thereto appoint, the country
called l'Acadie, which said King formerly enjoyed ; conforming himself
to the 10th and 11th articles of said treaty, copies of which are
herewith sent. Signed by King Charles and countersigned by Sec.
Lord Arlington. Indorsed, This was not sent. 1 pp. [Col. Papers,
Vol. XXI., No. 150.]
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Nov.
Whitehall.
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1636. Copy of the above, with an addition to the last clause by
M. De Ruvigny, the French Ambassador, that copies of the treaty
were sent to him immediately after the ratifications were interchanged,
to the end he should conform himself to it, and now other attested
copies of said articles are sent. Indorsed, Modelle pour la restitution
de l'Acadie, 1667. Drawn but not used, with M. De Ruvigny's additions.
2 pp. [Col. Papers, Vol. XXI. No. 151.]
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Nov.
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1637. Draft of the above in the handwriting of Sir Joseph Williamson.
The last clause is altered to "the said treaty, copies of
which wee have heretofore directed to be sent you." 1 p. [Col.
Papers, Vol. XXI., No. 152.]
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[Nov.]
Whitehall.
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1638. The King to Sir Thos. Temple, Governor of Nova Scotia.
He will within a short time receive his Majesty's order of this
present November, by some person appointed by the most Christian
King, for the restitution to that King of the country called l'Acadie,
according to the treaty of Breda. These are to warn him to perform
punctually what his Majesty has commanded, but not at all to go
beyond it. It is only the country of Acadie he is to restore ; not
any part of Nova Scotia or any other country or Province ; or any
part even of Acadie itself but what originally belonged to the most
Christian King and was taken from him by the English. He is to
make use of his own knowledge and inform himself from others
of what belongs to his Majesty and what did belong to the most
Christian King ; and for his better information his Majesty sends
copies of a grant of his grandfather King James to Sir William
Alexander, and of another from the late usurper Oliver Cromwell to
Crowne and Temple, wherein the bounds of Acadie are particularly
set forth. Indorsed, "This was intended but not sent." 2 pp. [Col.
Papers, Vol. XXI., No. 153.]
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Nov.
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1639. Grant to Thomas Chicheley of 4,000l. out of the two third
parts of the freight of the ships of war now at the Caribbee Islands
under Sir John Harman, which by a late order of Council is reserved
to his Majesty. [Dom., Chas. II., Docquet.]
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