America and West Indies: April 1669

Pages 13-21

Calendar of State Papers Colonial, America and West Indies: Volume 7, 1669-1674. Originally published by Her Majesty's Stationery Office, London, 1889.

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April 1669

[April 5.] 42. Memorial to the Duke of York. 1. That he move his Majesty to allow 2,000l. yearly for the security of those his dominions [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." 1 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. Endorsed: "Read in Council, 16th April 1669. Read in Council, 23rd April 1669." 1 1/4 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 Kingsland 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., II. 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 was 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 and held at St. Mary's, 13 April 1669, viz.: An Act for the continuance of peace with and protection of our neighbours and confederate 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 Province 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 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. Providing 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.]
April 16. 47. Order of the Committee for Trade and Plantations. That the petition and address of the planters and inhabitants of Barbadoes, 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 direction. Endorsed, Referred to Lord Willoughby. Draft with corrections. 1p. [Col. Papers, Vol. XXIV., No. 41.]
April 21.
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. 2 pp. [Col. Papers, Vol. XXIV., No. 42.]
April 21.
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 1/2 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 lb. of sugar for provisions sent with Lieut.-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. 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 Plantations and Scotland, and that these ships, under pretext of this order, may withdraw above 7,000l. per annum from the Customs in England, and deface three Acts of Parliament made in direct opposition 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 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 progenitors 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 will 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 may in a short time be balanced if not exceeded by his Majesty's native subjects. 2 pp. Printed in New York Documents, III., 181-182. [Col. Papers, Vol. XXIV., No. 46.]
April 22./
May 1.
52. M. De Baas, French Lieut.-General in America, to Henry Willoughby, Governor of Antigua. Sent advice to Barbadoes in Feb. last to Lord Willoughby of his powers for tendering that part of St. 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 perfectly 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'Estree 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 1/2; pp. [Col. Papers, Vol. XXIV., Nos. 47, 47 I].
[April 23.] 53. Answer of Wm. 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. 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 had vowed to kill, Lord Willoughby committed 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 referred 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 Barbadoes 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 judgment 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 vindicating 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. 4 1/2 pp. [Col. Papers, Vol. XXIV., No. 48.]
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 500l. 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 200l. 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. [Shaftesbury Papers, Section IX., No. 9.]
55. Account of the cost of the ship Carolina and her setting to sea, 930l. 17s. 11d.; of the ship Port Royal, 199l. 5s. 8d.; and of the Albemarle, 82l. 1s. 10d. Also of the provisions bought for the expedition to Carolina, 540l. 11s. 8d.; of the clothes, 2121. 4s.; arms, powder, and ammunition of war, 397l. 15s.; tools and iron ware, 188l. 9s. 7d.; cask, 87l. 0s. 1d.; fishing trade, 28l. 10s.; Indian trade, 50l. 18s. 8d.; charges of shipping goods, &c., 58l. 4s.; a surgeon's chest and instruments, 30l.; seamen's wages, 76l. 15s.; Mr. West at Kinsale, 30l., and for his pains 20l.; Lent Capt. O'Sullivan, 10l.; cargo sent to Virginia to Wm. Burgh for account of Duke of Albemarle; in Mr. West's hands, 26l. 5s. 6d.; abated on several bills, 39l. 7s. 11d. Total expended, 3,200l. 16s. 6d. The Dr. side amounts to 2,645l., viz., 550l. each from the Duke of Albemarle and Earl of Craven, 545l. from Sir Peter Colleton, and 500l. each from Lord Ashley and Sir G. Carteret. 14 pp. [Shaftesbury Papers, Section IX., No. 13.]
April 27.
56. Lieut.-Gen. Henry Willoughby to the Sieur De Baas (at St. Christopher's). Has received his letter and protest of April 22-May l [see ante, No. 52], importing his readiness to deliver up the English part of St. Christopher's, and were Willoughby impowered 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 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.]
April 30.
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 1/2 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.]
New York.
59. Samuel Mavericke to Col. Nicolls, Groom of H.R.H. Bedchamber, 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 Commissioners; 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 the old house must come 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 1/4 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 prejudicial 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 his 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. II. Second Articles of Surinam between 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 20/30 of April 1668. Signed by Abraham Crynsens and others. Together 4 pp. [Col. Papers, Vol. XXIV., Nos. 53-55.]