America and West Indies: December 1670

Pages 140-147

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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December 1670

[Dec. 4.] 352. Petition of Randall Holden and John Greene, deputies for the Colony of Rhode Island and Providence Plantation, to the King. In 1644 the chief Indian Princes of the Narragansett country submitted themselves to his Majesty's father, and renewed their submission in 1664 in the presence of his Majesty's commissioners, who named the country the King's Province, and committed the government to the Governor and Council of Rhode Island and Providence Plantation, who since that year have actually governed it, notwithstanding the many encroachments of the neighbouring colonies of Massachusetts, Plymouth, and Connecticut. But about last June the magistrates of Massachusetts set up printed papers declaring the said Narragansett country to belong to them, with offers to make sale of the lands to any who will purchase the same, and do dispose the government thereof to Connecticut Colony. All which is humbly submitted to his Majesty for redress. Endorsed, Read in Council the 4th Dec. 1670. Read again the 2nd of March 1679–80. 1 p. [Col. Papers, Vol. XXV., No. 99.]
Dec. 7.
353. Order of the King in Council. That the petition of Wolfgang Howser, attorney of Henry Howser and James Zellar, his Majesty's chaplains in Jamaica, concerning an allowance for maintenance of said chaplains, be referred to his Majesty's Council for Foreign Plantations, to report to this Board. Endorsed, Received 17th December 1670. 17th of January reported by Mr. Brouncker that the Lords of the Treasury will meet thereupon when notice given. 1 p. [Col. Papers, Vol. XXV., No. 100.]
Dec. 7. 354. Sebastian Byar [Bayer], of the Council of Antigua to [Lord Willoughby]. The French King has had two considerable men-of-war and several Biscay sloops with oars, attending his islands near 12 months, one of them carries 70 guns. For facilitating the trade has sent a considerable sum of a peculiar coin for the use of those islands. The French endeavour to make their islands very considerable, and show they set great value upon them. The inhabitants of the English Islands suspect they are neglected. 1/2p. [Col. Papers, Vol. XXV., No.100*.]
Dec. 9. 355. Warrant to the clerk of the Signet. To prepare a bill for the King's signature to pass the Privy Seal to pay to Sir Thomas Lynch 1,000l. for his equipage and expense in going to Jamaica, whereof we have designed him our Lieutenant-Governor. Signed by the King and countersigned by Sec. Lord Arlington.1p. [Col. Papers, Vol. XXV., No. 101.]
Dec. 9. 356. Minute of preceding. [Dom. Entry Bk., Chas. II., Vol. 34, p. 65.]
Dec. 14. 357. Sir Peter Colleton and other planters in London to Christopher Codrington, Deputy Governor, the Council and Assembly of Barbadoes. The prodigious power France is arrived unto has so alarmed all the states of Europe that the writers are suspicious England will not be long without a war, and therefore warn them to be thinking how to defend themselves. Are informed that nigh 2,000 people are gone off Barbadoes this last year, and more are still going. Recommend the making of a law that no man possessed of land in Barbadoes be capable of purchasing any more, which will uphold the number of freeholders; next, that negroes and servants shall be clothed with dimity, &c. of the manufacture of Barbadoes instead of the manufactures of France and Germany, which would find employment for many of the poor, who go off because they know not how to subsist, and that in no trade shall any negroes be employed, except as artificers to the masters of sugar works on their own plantations. Parliament is now laying a very heavy imposition on sugars, which is like to put the rates in favour of Portugal and the refiners of England, which the writers are labouring to withstand. The lodging some stock in England for defraying charges for the public concerns of Barbadoes, and to allow a salary to a person of quality to attend Councils. Desire they will be speedy in their resolutions, for they have powerful antagonists here, as they will see by the printed paper enclosed. Signed also by Ferd. Gorges, Thos. Wardall, Thos. Middleton, John Gregory, John Bawden, John Searle, Henry Drax, John Worsam, Ja. Lucie, and Edw. Pye. Read at a meeting of the Assembly of Barbadoes, March 7, 1670–1. 2 1/2 pp. [Col. Entry Bk., No. 13, pp. 15 and 17.]
Dec. 15.
358. Extract of a letter from Jamaica. Our fleet of 35 sail are gone to take Panama, on the South Sea, and may be landed about this time with near 2,000 men. If they take it (which we doubt not) there will be much money found in it, and it will make a great noise in Europe, being so instant on the expectation of a peace to be made in the Indies. Supposes this will be news. We have good reason for it, in that by the oaths of several Spaniards, they are there arming men against us, whom it is best to disperse before they are too strongly united. 1/2 p. [Col. Papers, Vol. XXV., No.102.]
Dec. 18.
359. Governor Sir Thos. Modyford to Sec. Lord Arlington. Has received since his last two expresses from our Admiral [Morgan] the first of 23rd November, intimating the return of Vice-Admiral Collier from the Main, where he took Rio del Hacha and possessed it above a month, and brought a reasonable supply of provisions to the fleet; the other of the 6th inst. advising that he was 1,800 strong, whereof 200 or 300 French and 36 ships, and was under sail to make further discoveries of the enemy, having by prisoners been informed that about Carthagena,'Puerto Bello and Panama, soldiers were listing against the Galleons came, to be transported against this island; but that if want of provisions or the just ends of his commission invited him on any shore, he would instantly despatch the Betty sloop to advise of it. Had despatched to the Admiral, before the first of these expresses arrived, a copy of the articles of peace with Spain, intimating that though he had them from private hands and no orders to call him in, yet thought fit to let him see them, and to advise him to mind his Lordship's letter of 10th June, and to do nothing that might prevent the accomplishment of his Majesty's peaceable intentions; but the vessel returned with Modyford's letters, having missed him at his old rendezvous, however, has returned her to the main with strict instructions to find the Admiral out. On the whole his Lordship cannot but be sensible how necessary a guard these men are to this infant island, who, on notice of Jamaica's danger, in less than four months ran together so considerable a body of men and ships. All the privateers of this port are now with the Admiral, except the logwood men, who are grown to the number of 20 small vessels, and are like daily to increase, and will be a good reserve on all accidents. The differences amongst their French neighbours still increase, which he hopes to improve for his Majesty's service, having had repeated applications from both parties. Endorsed, Rec. 7 March 1670–1. 2 pp. [Col. Papers, Vol. XXV., No. 103.]
Dec. 19. 360. Estimate of the charge of the carriages, powder, match, arms, ladles, sponges, and sundry other stores and provisions of war to be issued out of his Majesty's stores for the supply of Cabo Corso according to warrant from the Council Board, dated 2nd December 1670, amounting to 1,464l. 18s. 8d. 1 1/2pp. [Col. Papers, Vol. XXV., No. 104.]
Dec. 20.
361. Governor Wm. Lord Willoughby to Col. Chr. Codrington, Deputy-Governor of Barbadoes the Council and Assembly of Barbadoes. Received on 14th inst. a petition from the island to his Majesty of great importance, with a letter from the Council and Assembly. Sent for Sir Peter Colleton and other planters the next day to advise upon it, but all failed except Col. Drax; and presented it to his Majesty on 16th inst., who ordered Lord Arlington to make a reference upon it to the Lords of the Treasury, and two days after it was read at the Junto Council, and Lord Willoughby was ordered to attend his Majesty at the Treasury on the 22nd inst.; so that by the next they may expect a further account. Returns thanks for the 100,000 lbs. of sugar, assuring them that if the advancement of their concerns requires that or a greater sum, his credit shall be at stake to compass it. By what he has heard, even from some of their fellow planters besides courtiers, is like to have a hard task in justifying their good meaning in this petition, but will speak the truth to the hazard of the loss of his Government. Read at a meeting of the Assembly of Barbadoes, March 7, 1670–1. 1 p. [Col. Entry Bk., No. 13, pp.17 and 18.]
[Dec. 23,]
362. Petition of the merchants, owners, and masters of ships, and inhabitants of the western parts of this kingdom adventuring to the Newfoundland in fishing voyages, to the King in Council. That the laws for regulating the fishery have been confirmed by his Majesty, who by letter of 4th Dec. 1663 commanded certain mayors of corporations and others to see them put in execution. That notwithstanding private boatkeepers still continue to fish in Newfoundland and great number of passengers still go there. That the whole state of this affair is now presented in an address to the King. Pray that the fishery may be maintained by fishing ships, and that the mayors may depute persons to execute laws for the fishery. Signed by the Mayors of Exeter, Dartmouth, Plymouth, Lyme Regis, Barnstaple, Weymouth, and Poole. Annexed,
362. I. The address to the King above referred to, showing that about 30 years since 270 sail of ships were employed in the fishery and 20,000 seamen. That in process of time loose persons stayed in the country, who tend much to destroy the trade and are useless in all respects, Newfoundland being a barren island. That in consequence the fishermen's houses are torn down, timber is burnt, and the seamen are debauched. The fishery is carried on without fishing ships by the inhabitants. And the French in their seamen and shipping by their fishery do much increase. The inconveniences through permitting private boatkeepers being allowed to fish.
362. II. Additional powers desired by the petitioners about the Newfoundland fishing.
362. III. Order by the King in Council upon above petition, read at the Board 23 Dec. last, when it was ordered that Mr. Gould and all other parties concerned should give their attendance, who being fully heard it was now ordered that all papers relating thereto be referred to his Majesty's Council of Plantations, who are to consider the best ways and means whereby the fishing trade in Newfoundland may be regulated, advanced, and protected and secured from foreigners and managed for the increase of seamen and the advantage of his Majesty and his subjects; also to take into consideration his Majesty's charter and the additional powers desired by the western traders, and to report their opinion to his Majesty within 14 days. Whitehall, 11 January 1670–1.
362. IV. Report of his Majesty's Council for Foreign Plantations. Having heard the petitioners and all parties concerned, they offer, as their opinion and advice, That his Majesty grant, by way of addition to his former charter and rules and orders for the government of said fishery: That all his Majesty's subjects enjoy the freedom of taking fish in any of the rivers in Newfoundland, provided they submit to the orders established for the fishery. That no stranger be permitted to take bait or fish, no inhabitant to burn or destroy any wood or plant within six miles of the sea shore, nor take up any stage before the arrival of the fishermen out of England. Masters of ships to bring back all seamen, fishermen, and others, and none to be suffered to remain in Newfoundland. Fines and forfeitures on offenders. Encouragement to the inhabitants of Newfoundland to go to Jamaica or other foreign plantations. These rules and orders are contained in 29 articles. 1670–1, March 2.
362. V. Order of the King in Council approving above report and directing Sir Heneage Finch, Attorney-General, to prepare a bill for his Majesty's signature to pass the Great Seal, containing his confirmation of said charter, with the additional powers hereby ordered to be inserted therein, as also for establishing a certain way of judicature for hearing and determining felonies and murders and other offences committed in Newfoundland. Together 24 pp. [Col. Entry Bk., No. 65, pp. 39–62.]
[Dec. 23.] 363. Copies of the above petition, Order of 11th Jan. 1670–1, and Report dated 2nd March 1670–1 (enclosures Nos. III., IV.). Together 8 pp. [Col. Entry Bk., No. 94, pp. 18–25.]
Dec. 26.
364. Thos. Colleton to the Governor and Council of Albemarle Point, in Ashley River. Theirs by his sloop Three Brothers came lately to hand, with their desire of speeding people thence, in order to which the Carolina sails to-morrow with about 60 or 70 passengers, with orders to touch at the Leeward Isles to see what more she can get, having provisions for 120 passengers besides her crew. Also John Strode and himself send a vessel of their own, the John and Thomas, Thos. Jenner, commander, with about 40 persons to settle on their own accounts, to whom Colleton hopes the Governor and Council will be kind in assisting them, and also in dispatching the ship hither loaded with timber, which will encourage Colleton to continue a trade with them and send a great many people to them. Entreats them also to load the Carolina with timber on the Lords Proprietors' account, or she will hardly return to them; for here the seamen's wages are to be paid, and he knows not how to produce money without effects; it has cost 200l. to set the Carolina to sea this time, and will cost a great deal more. Certified copy examined 19th March 1671 by Jos. Dalton, Registrar. Endorsed by John Locke. [Shaftesbury Papers, Section IX., No. 54.]
Dec. 28. 365. Alterations and additions to be made in several articles of Sir Thos. Lynch's instructions as Lieut.-Governor of Jamaica, with respect to the King's revenue in that island. Signed by G. Downing. Endorsed,Additions to Sir Thos. Lynch's instructions made by the Commissioners of the Treasury, December 28, 1870. 1 p. [Col. Papers, Vol. XXV., No. 105.]
Dec. ? 366. "Amendments" to Sir Thos. Lynch's instructions in the handwriting of Williamson. 5 lines. [Col. Papers, Vol. XXV., No. 106.]
Dec. 31.
367. Instructions for Sir Thomas Lynch, Lieut.-Governor of Jamaica. (1.) With these instructions he will receive his Majesty's Commission as Lieut.-Governor of Jamaica, a revocation of Sir Thos. Modyford's Commission of 15 February 1664, and a letter to said Sir Thos. (2.) To deliver to Sir Thos. said letter and revocation, assemble the present Council and principal persons and officers, and publish said revocation together with his own commission. (3.) Neither to augment diminish nor suspend the present members of the Council without good and sufficient cause, but to send to his Majesty and Council of Plantations a list of their names and qualities from time to time. (4.) With the advice of the Council to call assemblies, to make laws and levy moneys; said laws to be as agreeable to those of England as may be, and to be in force two years and no longer unless confirmed by his Majesty. (5.) To appoint justices, sheriffs and other officers, and not to execute himself or by deputy any of said offices in the absence of a governor. (6.) To examine the judicatories established there, and if defective cause them to be amended. (7.) To establish courts of admiralty as he shall see cause. (8.) Not to suffer any person to execute more offices than one by deputy. (9.) To suspend or discharge all officers upon misbehaviour. (10.) Take especial care that all salaries and fees be within the bounds of moderation. (11.) That drunkenness, debauchery, swearing and blasphemy be punished, and none of illfame admitted to public employment. (12.) To send an account to his Majesty and Council of Plantations of all the arms, ammunition and stores in his Majesty's magazines, fortifications, or garrisons. (13.) Likewise to demand an account from Sir Thos. and Sir Jas. Modyford, how the arms, ammunition and stores sent from his Majesty's office of Ordnance have been employed or disposed of, and what others have been bought with public moneys; and he will herewith receive an account of what has for these last ten years been sent out from said office of Ordnance [see Cal., ante No. 294.] (14.) To cause account to be sent to his Majesty, his Commissioners of Treasury, and Council for Plantations, how his Majesty's fifteenths and other duties have been disposed of since Sir Chas. Lyttelton's return. (15.) To examine what duties and revenues arise to his Majesty, and use his best endeavours for improving them (16.) To cause a survey to be taken of landing places and harbours and erect such fortifications as shall be necessary, at the public charge there. (17.) Inform whether it may be necessary to continue the suspension of the setting apart of 400,000 acres for his Majesty's royal demesne; and, if not, then to set apart such quantities as, with the advice of the Council, he shall think fit. (18.) To forbear taking advantage of penalties against any of the present inhabitants for not manuring or planting their lands, until further directions. (19.) To contrive that the plantations be near together, and the sea coast first planted. (20.) To take care that all planters and Christian servants be well provided with arms, mustered and trained, and in case of insurrection or invasion to use martial law. (21.) To appoint markets and fairs. (22.) That wild cattle, horses, hogs, and sheep may be preserved, to prohibit or license hunters as shall be judged most requisite. (23.) To encourage the improvement of cacoa walks, plantations of sugars, indigo and vanillas, and repairing the houses in St. Jago. (24.) To give all possible encouragement to persons of different opinions in religion, he shall dispense with the oaths of supremacy and allegiance, except to members and officers of the Council, finding some other way of securing allegiance, and suffer no man to be molested, in the exercise of his religion, so he be content witha quiet and peaceable enjoying of it: but his Majesty obliges him in his own house and family to the profession of the Protestant religion, as it is practised by his Majesty in England, and the recommending of it to all others. (25.) To give encouragement to merchants, and suppress the engrossing of commodities. (26.) His Majesty is content that no custom be laid in Jamaica on any goods exported or imported for 14 years from 18 February next; but that they be not exempted from custom in England, as the rest of his Majesty's plantations. (27.) Due entries to be made of all goods imported or exported and a yearly account transmitted to his Majesty. (28.) To give due encouragement to the trade of the Royal Company. (29.) Servants transported to said island to serve four years, and every person that transports servants, for every servant, to have 30 acres of land for ever, and at the end of said term, said servants to have 30 acres. (30.) To send as often as he can account of the number of planters, masters, servants and slaves, and the wants, products, improvements and advantages of trade. (31.) To cause the treaty for establishing peace in America concluded at Madrid the 8/18 July 1670, to be published within eight months from 10/20 October 1670, if he can agree with the Spanish governors for a certain day; and at the time of publication to revoke all commissions of what kind soever, to the prejudice of the King of Spain or any of his subjects. (32.) Carefully to observe all the articles of said treaty. (33.) For the better encouragement of all belonging to the privateer ships to come in, immediately after the publication of said peace to proclaim a general pardon to all that shall submit to his Majesty within reasonable time and betake themselves to planting or merchandising, of all offences committed from June 1660 to the said publication, and assure them that they shall enjoy all such goods as they shall be possessed of at the time of said publication, except the 10ths and 15ths, and that if they will plant they shall have 35 acres by the head; that if they will employ their ships in trade, they shall be admitted to trade in them with the same freedom as if they were English built; and that if any will serve on his Majesty's ships of war, they shall be received into his service and pay. But to appoint as short a time for the coming in of the privateers as the nature of that affair will bear, and not to insist so positively on payment of the 10ths and 15ths as to discourage their submission. (34.) In case the encouragements before mentioned shall not have the effect his Majesty desires, to use all means by force or persuasion to make them submit to and continue under his Majesty's obedience. (35.) And as there are many things for which it is not easy for his Majesty to prescribe, with the advice of the Council to take care therein, giving his Majesty due information, and he shall receive further ratifications as his Majesty's service shall require. These instructions are signed by the King and countersigned and sealed by Secretary Lord Arlington, but probably Lynch did not receive his instructions until a month later, for his commission bears date 5January 1671, and a copy of these instructions is dated 31 January following. 14 pp. [Col. Papers, Vol. XXV., No. 107. See Col. Entry Bk., No. 27.pp. 88–95.]