America and West Indies: May 1671

Pages 209-222

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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May 1671

May 1.
514. "Carolina Instructions" in twenty articles from the Lords Proprietors. To summon the freeholders of the plantation to elect twenty persons who, together with the deputies, their Lordships' representatives, are to be the Parliament to make laws, which Acts shall be in force as provided in the Fundamental Constitutions and temporary laws. To call a Parliament the first Monday in November every two years and as often besides as the state of affairs requires. To require the Parliament to choose five men to be joined with the five deputies, who, with the five eldest men of the nobility, are to be the Grand Council. To every free person arriving in Carolina before 26 March 1672 shall be granted 100 acres, 100 acres to each man servant, and 70 to each woman servant or man servant under sixteen, and to every servant that arrives before that time 70 acres to his or her proper use when out of their time and to their heirs for ever, and the same condition to all who arrive after said 26 March 1672. The land to be laid out in squares, each square to contain 12,000 acres, and to be bounded by limits running directly from east to west and from north to south, and to be set out for signories, colonies, and baronies. All who take up land in the same colony to set their houses together in one place, but the place so set out for a town to be left to the choice of the inhabitants themselves. When the town is chosen the surveyor is to lay out the streets according to the model herewith sent, those afterwards building to set their houses fronting the streets, that so when the town shall come to be built with good houses the streets also may be large, convenient, and regular. In all towns built upon navigable rivers nobody shall build a house within 80 feet of low-water mark, but it shall be left for a wharf for the public use of the town. A common of 200 acres shall be set out round about the place chosen for a town where for the first one and twenty years each householder proportionably may plant provisions, and after that time the common to be to the use of the inhabitants for feeding cattle and exercise of the people. Each freeholder to have not above one-twentieth part of his whole right for a home lot, and not more than one fifth of that lot to front upon a navigable river, the remainder, called his out lot, in what place he likes best, but not within the prescribed distance of the town designed for home lots for others. To persuade the people to plant far up the country, to avoid the ill air of the lowlands near the sea. To send a description of the first convenient healthy high land upon Ashley River where it is fit to build the chief port town for shipping. To send a description of Ashley and Wando Rivers, drawn by a compass to a scale, and a map of the country divided into squares of 12,000 acres a piece by lines running east and west, north and south. To defend themselves against acts of hostility, but to keep a fair correspondence with the people round about them, and to be careful not to give just cause of offence, and punish those who offend, and make reparation to the injured. Two of the discreetest men in every town to be chosen to trade with the Indians, that so the price of beads may not be brought low by covetousness or ill-management, the choice of these men to be once a month in every town. The stores not to be spent idly, and only given to those who stand in absolute necessity, and pay for them in work or the produce of the country. That on the arrival of the Blessing, Capt. Halstead be provided with a ship loading of timber. To endeavour to procure the collection of debts for stores by work at moderate rates, at cutting, squaring, and loading said ship with timber. To set out baronies according to the Fundamental Constitutions to James Carteret, Sir John Yeamans, and John Locke, who have been made landgraves. In setting out every man's lot to reserve convenient highways from the colony town to the plantations beyond it, and from one colony town to another. Signed by Craven, Ashley, G. Carteret, and Peter Colleton. With mem. in Locke's hand. That the model of the town above mentioned was of streets running straight, whereof the largest was 80 feet, the back street to that 40 feet, the next 60 feet, and the back street 30 feet, which streets divided the town into squares, each of whose sides was 600 feet. [Col. Entry Bk., XX., pp. 62–65.]
May ? 515. "Temporary Laws, Carolina." It is resolved and agreed by the Lords Proprietors that till by a sufficient number of inhabitants the government of Carolina can be administered according to the form established in the Fundamental Constitutions: 1. That the Palatine name a Governor, and each of the Lords Proprietors a deputy, which deputies, with an equal number of others chosen by the Parliament, shall be the Councillors till the Lords Proprietors order a new choice or the country be so peopled as to be capable of government according to the Fundamental Constitutions. And when landgraves or cassiques are created by the Lords Proprietors, an equal number of the eldest resident in Carolina of the deputies to be of the Council, that so the nobility may have a share of the government, and the whole administration come as near the form designed as the circumstances of the growing plantation will permit. 2. The Governor, with the deputies, landgraves, and cassiques chosen councillors, to be the Grand Council and have all the power and authority of the Grand Council and other courts till they come to be erected. 3. Besides the deputies for councillors, the Chief Justice shall choose and constitute the Provost Marshall, the Chancellor, the Secretary, the Treasurer, the Receiver, the High Steward, the Surveyor, the High Chamberlain, the Register of Births, Burials, and Marriages, and the Admiral, the Marshal of the Admiralty. 4. The article in the Fundamental Constitutions beginning, All the revenues and profits shall not take place till the Lords Proprietors who have laid out money in carrying on the plantations be reimbursed. 5. In the first taking up of land each Proprietor shall have but three signories, and each landgrave and cassique one barony, till by the increase of the inhabitants part of 72 colonies shall be possessed by the people, after which time every man to be free to take up the proportion of land due to his dignity. 6. All lords of baronies and manors to have each upon his barony 30 persons and upon his manor 15 persons respectively within seven years of the date of his grant, or be liable to a fine by the Parliament of Carolina, unless the Lords Proprietors allow him longer time. 7. All Acts of Parliament before the government is administered according to the Fundamental Constitutions to cease at the end of the first session of Parliament chosen according to the articles concerning Parliaments established in the Fundamental Constitutions. Signed by Craven Ashley, G. Carteret, and P. Colleton. [Col. Entry Bk., XX., pp. 66, 67.]
May 1.
516. Instructions from the Lords Proprietors of Carolina to Capt. Halstead, in 18 articles, the last being in Locke's hand, as likewise are the signatures'of the Lords Proprietors at the end. On his arrival at Ashley River to deliver the eight lesser guns, with their carriages, to the Governor and Council there, and procure a lading of timber, pipe staves, and other commodities for the Blessing, fit for the market of Barbadoes, and, if need be, have the help of the Lords Proprietors' servants, under the care of Mr. West, to fell and load. To take an account of Joseph West how the provisions of victuals and clothes and the stores of war have been disposed of, and how they are to be paid for, and what remains; also as to the fishing and Indian trade, the remainder of money sent by Lord Ashley never accounted for, the cargo from Virginia, provisions received from Bermudas, the disposal of 24,000 lbs. of sugar drawn upon Mr. [Thos.] Colleton, and the beef and flour sent by him. To deliver his cargo to Mr. West, and take his receipt for same. If there is time during the ship's loading at Ashley River, to take a view of the country and seek for a healthy high land to set out a town, also to bring descriptions of Wando and Sewee Rivers. To inform himself concerning the healthiness, richness, and other properties of the soil, and the useful productions of the country, and the size of masts, and to bring samples of casini and their dyeing stuffs. When the ship is laden to go with her to Barbadoes and touch at Augustine, and, if he may safely do so, trade at Bridge Town and dispose of the timber, if possible, for ready money, and, if not, to consult with John Strode, whom he may trust. If he hath trade at Barbadoes, to consult with Sir John Yeamans and Thos. Colleton, to get a quick freight of passengers for River Ashley the carrying of passengers thence being the main end of sending out this ship, and to lay out the produce of his timber and freight for passengers in rum and sugar for trade to Virginia. To inquire at Barbadoes what Mr. Colleton's bills charged upon the Lords Proprietors were for. After landing his passengers at Ashley River to sail to Virginia and lay out the produce of the rum and sugar in cattle, to be delivered to Mr. West at Ashley River, and the remainder of the cargo to lay out in provisions fit for Barbadoes, if no need of them in Carolina. To get statement of accounts from Messrs. Godwin and Bennet, and apply to Sir Wm. Berkeley, Henry Chicheley, and Mr. Applewright concerning these accounts, and how the Lords Proprietors may have right done them. From Ashley River to sail again to Barbadoes with another cargo of timber, and the produce to invest in a cargo fit for the Bahamas, and if passengers present to sail to Ashley River, and from there to New Providence, and there to deliver the boxes and letters sent by him, and the four sakers with their carriages, and the shot and powder to the Governor for the use of the island, and get his assistance for sale of the rum and sugar, to procure a lading of braziletto wood and what else is fit there for the market of England, and if fully laden to sail direct for London, but if not, to touch again at Ashley River, fill her with cedar, and thence sail to London. If unsafe to trade at Barbadoes by reason of any infectious disease, to deliver the timber to John Strode, and with the produce load salt at the Salt Tortugas for Virginia, and from thence as above directed. To remember the chief employment of the ship is to carry people to Ashley River, and to make other business of traffic subservient thereto. To learn as much as he can of the husbandry and manufactures of the places he goes to, particularly in Virginia of the sorts and ordering of mulberry trees and silkworms, some of the best of which he is to plant in Carolina, and the right way of making silk, tobacco, indigo, cotton, &c. To consult with the Governor as to the best way of disposing, &c. of the stores at Ashley River, and that upon the fair dealing of the people will depend the continuance of the supplies. To leave with John Dorrell, senr., at Bermudas duplicates of the Lords Proprietors' despatches to New Providence. Liberty to take a trip to any other place for the purpose of carrying people to Carolina, except to Jamaica, which we would not have you do upon any pretence. To take an account of the ship's stores and the expenses from time to time during the voyage. Signed by Craven, Ashley, G. Carteret, and P. Colleton. [Col. Entry Bk., XX., pp. 68–71.]
May 1. 517. Form of deputation for the Bahama Islands, or appointment of a deputy who shall act with the Governor as one of the Council and be the Lord Proprietors' representative in Parliament. John Robinson is hereby appointed deputy for Lord Ashley. With mem. in Locke's hand that in the same manner Sir G. Carteret deputed Richard Jones May 10, Lord Craven, Capt. David May 9. Sir P. Colleton, Jarvis Ingolsby May 13. On 30 December 1671 were sent to Capt. Halstead blank deputations to be filled with fit deputies by Capt. Halstead, Lord Craven, Lord Ashley, Sir G. Carteret, and Sir Peter Colleton. [Col. Entry Blk., XX., p. 61.]
May. 518. List of deputies in Providence. Capt. David for the Earl of Craven, John Robinson for the Earl of Shaftesbury, Richard Jones for Sir G. Carteret, and Jarvis Ingolsby for Sir P. Colleton. [Col. Entry Bk., Vol. XX., p. 83.]
May 1.
519. The Committee of Gentlemen Planters in London to the Assembly of Barbadoes. Since their last by Perryman and a copy by Capt. Yates, it has pleased God to put a better end to their solicitations in Parliament than they could have expected, and they judge it their duty to give a full account of all passages in this business. Parliament having agreed to lay an additional duty on foreign commodities, amongst which sugar was mentioned, they applied themselves to the Council of Plantations, showing how ruinous it would be, and to several leading members of the House of Commons; and then they began to perceive that the refiners had brought sugar on the stage, thinking by their interest in the House to get the tax so proportioned as to prevent the planters from making any improvement by sun-drying, claying, &c., and encouraged by the Barbadoes merchants, they dispersed the enclosed papers amongst the members of the House; petitions were put in by the refiners and the merchants, praying to be heard at the Bar of the House and what took place thereon. Knowing the Lords to be unconcerned and of more discerning judgment than the generality of the Commons, they put in their addresses to them, as will be seen by the enclosed petition and reasons, and the merchants, Lisbon merchants, and refiners, did so also; account of what followed; undoubtedly they had had the same success as in the Commons, had not Lord Willoughby, who was one of the Committee, with great efficacy convinced the Lords of the mistake the merchants were running them upon, so they reduced white sugars to 2 1/2 farthings, and returned the amended Bill to the Commons, who flew into a heat, and voted the Lords had no right to abate of any aid granted to the King; and both adhering stiffly to their privileges, the King prorogued Parliament to 16th April next; by which the Bill fell and they are eased of this tax for the present. (N.B.—A full account of this debate is in the Lord's Journal, Vol. XII., April 12 to 22.) Have thus shown with how great difficulty they kept off their ruin; and hope they are convinced how necessary it is to have the Barbadoes merchants concerned in their improved sugars, by passing some law for their receiving their outstanding debts in those sorts; which would also compel all contracts for the future to be made in money, and avoid the great objection the refiners and merchants so fiercely urged, that brown sugar was the money of the plantation. This will separate the merchants' interest from the refiners', who, united, may prove too powerful should Parliament at their next sitting think of laying an imposition upon sugar. Lord Willoughby has shown himself wonderfully affectionate and zealous in their concerns, and very instrumental with the Lords in the ease they have. Col. Thornburgh also took great pains, and, being an unconcerned person, was of great use to convince the Lords that the "improcured" sugars was the concern of all the planters; and the like did Capt. Collier, which has so angered the merchants, that it may prove prejudicial to him, unless the Assembly assist him. Hope they will mind Col. Thornburgh. Are not over hasty in promoting their addresses, by reason the King is at present not over well pleased with the loss of his Bill, which was occasioned wholly by the dispute upon sugar; but will be mindful of it when a fit opportunity presents. Again recommend the care of the fortifications, and the speedy home of money for reimbursing and defraying the charge of their affairs. Signed by Sir P. Colleton, Henry Drax, Thos. Wardall, Edw. Pye, James Lucie, Ferd. Gorges, John Bowden, Sir Paul Paynter, and John Searle. Received by the Assembly of Barbadoes 4th July 1671. Enclose,
519. I. Propositions humbly offered to the Council by the refiners of sugar in England for the encouragement of that mystery within this kingdom. 4 pp.
519. II. An exact account of the net value of white and unpurged brown sugar, imported from his Majesty's plantations in America, humbly offered to the serious consideration of the House of Commons on behalf of the planters, merchants, shipowners, and mariners trading to said plantations. 2 1/2 pp.
519. III. The state of the case of the sugar planters in America, being the planters' first paper (see No. 520). 3 pp.
519. IV. The state of the English sugar trade with that of Portugal (see No. 520). 1 p.
519. V. The case between the English sugar plantations and the refiners stated (see No. 520). 1 p.
519. VI. The case of the refiners of sugar in England stated. This was the refiners' first paper. 3 pp.
519. VII. The case between the English sugar plantations and the refiners by some of the planters stated, and by the refiners answered. 3 pp.
519. VIII. Reasons humbly offered by the refiners for the proportion of four upon white to one upon brown in the imposition to be laid upon sugars. 4 pp.
519. IX. Petition of the merchants, shipowners, and mariners trading to his Majesty's sugar plantations in America to the House of Lords. 2 pp.
519. X. An exact account of the net value of the three sorts of Barbadoes sugars presented to the House of Lords on behalf of the merchants, shipowners' and mariners trading to his Majesty's sugar plantations in America. 3 pp. Together 31 pp. [Col. Entry Bk., No. XIII., 45–76.]
520. "The state of the case of the Sugar Plantations in America." In 1666 the English possessed Barbadoes, the better half of St. Christopher's, Nevis, Montserrat, Antigua, and Surinam, which employed annually 400 English ships, with 10,000 seamen, and furnished a native commodity of above 800,000l. value per annum to the nation, besides a considerable revenue to the Crown, of which not above 40,000l. was clear gain to the planter, and the rest was distributed in England in exchange for provisions and manufactures. In 1666 the French made sugar on half St. Christophers, and a very inconsiderable quantity on Martinique and Guadaloupe; but in that year they took from the English their half of St. Christopher's, Antigua, and Montserrat, with above 15,000 negroes, and materials for 150 sugar works, amounting in value to 400,000l., which they carried to their own plantations, whereby they not only much increased the making of sugar, but increased in strength also by the great numbers coming to them from France and from our colonies. The French King knowing this trade to be the best nusery for seamen, furnished his West India Co. with a very great stock of money, with many other acts of grace and favour for beating the English out of that trade; and has imposed a custom in France but of 4 livres per cent. on sugars of his own plantations, and 15 livres on whites, and 32 livres 10 sous on English and foreign refines. By reason whereof English and foreign sugars are no longer transported into France, and great quantities of foreign sugars are imported into England; so that there is little profit to the planters, who, encumbered by a custom of 4 1/2 per cent. in the colonies, and 12 1/2 per cent. in England, will be necessitated to lay down the trade, or the poorer sort, who are the strength of the colonies, will be necessitated to go to the French or other plantations, as 1,600 within this last year have done from Barbadoes alone. By which means the French King may take the English plantations, and make himself sole master of the sugar trade. The inconveniences which would follow, England would have 400 sail and 10,000 seamen less, and France as many more; a native commodity of 800,000l. would be left, making 1,600,000l. difference in the balance of trade; and the Guinea trade would infallibly be lost also. From which it appears that the English plantations are no way able to bear further impositions on sugars; but that rather, after the example of France, a higher duty should be laid on foreign sugars.
The state of the English sugar trade with that of Portugal. The planter of Brazil can produce sugars 30 per cent. cheaper than the English planter. There is not imported from Portugal above 2,000 chests of sugar annually, costing 40,000l.; three-fourths of the sugars received in Portugal in exchange of English manufactures, being in English ships carried to the Straits and other places, it would be much more to the advantage of the nation to have all carried the same way. The sugars bought in Portugal for the English market are the very best made in Brazil, and are sold at 3l. to 3l. 10s. per cent., whereas the English being confined all to England, most of their whites are sold for 45s. per cent.; so that if ld. per lb. be laid on English as well as foreign sugars the English are charged above 35 per cent. heavier than the Portugal sugars.
Statement of the case between the English sugar plantations and refiners. Two-thirds of the planters turn all the sugars they send to England into whites, and the rest do not bring both ends together. Two lbs. brown sugar will make one lb. good white; if white sugars from the plantations be taxed one penny and browns one farthing, the refiner can supply white sugar at one halfpenny per lb. less than the planter, and a few refiners, of whom there are not above 12 in England, yet those enough to melt down all the brown sugars from the plantations, will beat out the planters from the white sugar trade, engross it themselves, and, as the only buyers of brown sugars, will set what rate they please, to the utter undoing of the sugar colonies. Printed one large folio sheet. [Col. Papers, Vol. XXVI., No. 57.] On 12 April 1671, the Earl of Sandwich gave the House of Lords an account of what the committee had prepared to be ofered at the conference with the House of Commons concerning the amendments made by their Lordships in the Bill for additional impositions on foreign commodities. Touching the imposition upon sugars of our own colonies, the committee recite the case of the planters, merchants, and refiners laid before them, and state their reasons for recommending to the House of Commons an abatemeut on the imposition of sugars. See Lords Journal XII., pp. 486, 487.
521. Address of the merchants, owners of ships, and mariners trading to his Majesty's sugar plantations to (The House of Commons). That the white sugar planters by an account delivered to the Committee of the House of Lords, have untruely stated the relative values of unpurged brown sugars and white sugars. Propose that if this honourable House will reduce the rate of unpurged brown sugar from one farthing to half a farthing per lb. his Majesty will receive a greater and more certain revenue; for most of the unpurged sugars imported would then be refined and consumed in this kingdom, and his Majesty receive the full excise. Whilst paying one farthing per lb. the refiner cannot be encouraged to manufacture them, and they must be exported. See as above, Lords' Journal, XII., pp. 486, 487. Printed, 1 p., two copies. [Col. Papers, Vol. XXVI., Nos. 58, 59.]
May 5. 522. Licence from Col. Jas. Russell, Governor of Nevis, to John Perey Marat (?), merchant, for three months. To land at his own storehouse all goods brought from any his Majesty's dominions, and the same to sell at reasonable rates; provided, he keep no disorder by drinking or other enormity on the Sabbath Day; have no dealing with any slave without licence; sell no liquors under the quantity of three gallons, nor refuse to sell the same without laying injunction to take other sort of commodities; refuse not payment in any commodities of the growth of this island; nor depart hence without the Governor's licence. 1 p. [Col. Papers, Vol. XXVI., No. 60.]
May 5.
523. Warrant to the Clerk of the. Signet. To draw a bill for making Jacob de Tones, of Jamaica, merchant, an alien born, a free denizen of England. Mem. only. [Dom. Entry Bk., Chas. II., Vol. 35A., p. 1.]
May 9.
Old Harbour.
524. Major James Bannister to Sec. Lord Arlington. Returns most humble and hearty thanks for the multitude of his favours and kindnesses. Heartily wishes the business his Majesty employed him about had received its desired issue in the exportation of all his Majesty's subjects from Surinam; but it could not be effected, as his Lordship will see from his Narrative sent to the Council for Plantations, (see ante, No. 486). Has left the greatest part, and men of the chiefest account who are all very desirous to remove, but could not clear themselves in the time limited. Earnestly begs his Lordship's favour to his Majesty that some shipping may be sent for them, otherwise they shall all be ruined and never capable to get from that colony. Hopes the original hereof will safely arrive with his Narrative, sent with Capt. Pierce Johns three weeks before. Encloses I. [Petition to his Majesty from his subjects in Surinam. (Col. ante, No. 485. I.)] Together 3 pp. [Col. Papers, Vol. XXVI., Nos. 61, 61. I.]
May 12.
Exeter House.
525. Lord Ashley to Sir H. Chicheley. The Lords Proprietors of Carolina have fallen into the hands of two men of Virginia, who have by no means used them well, but have so ordered affairs that instead of being as they should be, in debt to the Lords Proprietors, they have charged bills upon us here. He will receive a more particular account of the matter between the Lords Proprietors and his neighbours, Richard Bennet and Thomas Godwin by the bearer, Capt. Halstead, sent on purpose to procure right to be done, for they cannot patiently bear the affront to have bills drawn upon them which they must refuse as unreasonable. Wishes those gentlemen had not made choice of them to impose upon. However, doubts not the justice of his country will right them, so they will not be forced to look elsewhere for redress. His relationship to his brother makes him confident of his assistance in this business in showing Capt. Halstead the over-value put on their (Virginia) commodities and what those sent might reasonably yield in his market. [Shaftesbury Papers, Section IX., Bundle 48, No. 55, pp. 89, 90.]
May 13.
Exeter House.
526. Lord Ashley to Col. Wm. Sayle. Has received information from Barbadoes, just as the ship is ready to sail, that Mr. Woodward, when up in the Emperor of Tatchequia's country, had discovered it bordered upon the Spaniards, and that probably mines were there. Apprehends this may tempt some of our people, covetous of present booty, to some attempt that way, which the Lords Proprietors absolutely prohibit, and he is to take care that he suffers not the people out of greediness to molest either the Spaniards or any of their neighbuur Indians in their quiet possessions. And he is also required to avoid all searches too far that way lest the Spaniards, discovering how near they border on them, should join forces and attempt to cut them off; therefore that the people go no further up the country than necessary to their planting. It is the King's pleasure he looks well to this, and that they should keep themselves within the rules of peace. Neither will the Lords Proprietors allow their people to live by rapine and plunder, planting and trade is their design, and their directions shall follow to get all the Spaniards' riches in that country with their consent. Recommends him to bend the people's minds wholly to planting and trade, which will answer his Majesty's and their own ends. In Locke's hand. [Shaftesbury Papers, Section IX., Bundle 48, No. 55, p. 91.]
May 15. 527. Warrant from the King to [Sir Thos. Chicheley], Master of the Ordnance. To deliver to Sir Chas. Wheeler, going Chief Governor of the Leeward Islands, eight whole culverin, eight demi-culverin, six three-pounders on standing carriages, with powder and ball proportionably, 1,000 muskets snaphances with powder and bullet, two drawbridges ready fitted, and one tent; contracting with the said Sir Charles for the price of the said muskets to be paid by him in two years, and also contracting for the transportation of the said cannon, &c. 1 p. [Col. Papers, Vol. XXVI., No. 62, see also Dom. Entry Bk., Chas. II., Vol. XXXIV., p. 22, where the Warrant is dated 21 February 1671.]
May 16. 528. Warrant to Robert Oseler to search for and take into custody Charles Modyford, Esq., and seize his papers and writings. Mem. only. [Dom. Entry Bk., Chas. II., Vol. 34, p. 89.]
May 16. 529. Similar warrant to deliver Charles Modyford to the Lieut. of the Tower or his deputy. Mem. only. [Dom. Entry Bk., Chas. II., Vol. 34, p. 89.]
May 16. 530. Warrant to the Lieut. of the Tower or his deputy. To take the body of Charles Modyford, Esq., and detain him in custody, yet so as he may have the liberty of that place, for matters relating to misdemeanours committed by his father Sir Thos. Modyford, late Governor of Jamaica, till his Majesty's further pleasure. 1/2 p. [Dom. Entry Bk., Chas. II., Vol. 34, p. 89 đ.]
May. 531. Sir Thos. Modyford to the Governor of Porto Rico. Received last night by Don Francisco Calderon, his Excellency's despatch of 20/30 April, with the articles of peace between the crowns of Great Britain and Spain. Has not yet received any orders from his master, but is in daily expectation, having received advertisements from private hands touching same; if they come time enough, and he is not commanded any other day, will make publication of the treaty on St. John's Day, as he desires, but if his orders are for some other time, will not fail to make his Excellency acquainted. Is glad to find the Governor of Antigua so early in his duty, and could have wished that his Majesty's orders had arrived so soon as that he might have by these assured him of the like publication here, it being that which they all desire and which shall be ost religiously observed. 3/4 p. [Col. Entry Bk., No. XXVII., 130.]
May 16. 532. "Translate of a letter from Ignatio Desayas Bazan, the Governor of Sto Domingo in Hispaniola, to Sir Thomas Modyford." Received on the 11th inst. by a ship from Spain a packet whereby his Majesty Chas. II. of Spain and the Queen Regent give him to understand that there is Peace between the crowns of Spain and Great Britain, send him the Articles, and command him to endeavour that said Peace be published in these kingdoms at one and the same time. And in regard this is news of so great satisfaction, thought not fit to delay any longer, and therefore makes him participant thereof, to the end he may command said Peace to be proclaimed, and recall the ships which they are informed are gone to do acts of hostility on their coasts. On their part the Peace shall be observed in every particular. Sends Capt. Don Francisco Calderon, whom he may please to despatch away speedily and advise him of the precise day the Peace shall be published in his jurisdiction, that the same may be performed in theirs. His Honour ought to be kind to him, for the affection he has to the English nation, for being a colonel in Flanders, he had the happiness to serve under the Duke of York and received much honour from him. 1 p. [Col. Entry Bk., No. XXVII., 131.]
May 17. 533. Minutes of the Council of ,Barbadoes. Present, the Deputy Governor and three of the Council. Ordered that the fast be suspended and the first Thursday in June next kept as a day of thanksgiving throughout the island. Proclamation appointing said day of thanksgiving to God for removing a grievous sickness and pestilential distemper. All justices, &c. required to see the strict observance of so solemn and Christian a duty, not exacting labour from slaves that day, and all taverns, victualling houses, and retailers of strong drink are strictly charged to entertain no one during the time of Divine worship. 1 1/2 pp. [Col. Entry Bk., No. XI., 190–191.]
May 19.
534. Sir James Modyford to (Sir Joseph Williamson. The enclosed are copies of those formerly sent. Has given commission to one Col. Blodre Morgan, a good old soldier, to go before him (to Providence Island) as Deputy Governor, who may depart in four or five days in a ship hired on purpose, and may have 300 men by the time he arrives at the island. Doubts not but through Williamson's assistance he may be reimbursed the considerable charges he is at, and this service rendered very acceptable to his Majesty. 1 p. [Col. Papers, Vol. XXVI., No. 63.]
May 19.
535. Copy of preceding. [Col. Papers, Vol. 26, No. 64.]
May 23.
536. Commission to Lt.-Col. Wm. Stapleton. Appointing him Governor of Montserrat, to obey orders and commands from Sir Chas. Wheler, Governor-in-Chief of the Leeward Islands. Signed by the King and countersigned by Sec. Ld. Arlington. 1 skin. [Col. Papers, Vol. XXVI., No. 65.]
537. Rough draft of the preceding, with corrections by Williamson, to Lt.-Col. Robt. Stapleton. 1 skin. [Col. Papers, Vol. XXVI., No. 66.]
538. Fair copy of the preceding, with the name of Robt. Stapleton. 1 p. [Col. Papers, Vol. XXVI., No. 67.]
539. Copy of the above 1/2 p. [Col. Entry Bk., No. XCIII., fo. 98.]
May 23.
540. Governor Sir W. Berkeley to (Secretary Lord Arlington). Since his last Scarborough is dead, but assures his Lordship he has secured the estate of Scarborough for Faierfax (sic Farvacks), who will now sooner have his debt than if Scarborough had been living. Begs that the place of Surveyor-General of Virginia, formerly held by Col. Scarborough, may be confirmed to his (the Governor's) wife's brother, Culpeper. 1 p. [Col. Papers, Vol. XXVI, No. 68.]
May 25.
541. List of bills for the ship Blessing, as they were signed 25th May 1671, to be paid by Mr. Portman. These include 49l. to a sail maker in St. Katherine's, 151l. to a baker at the Blue Anchor, Limehouse, 146l. to a butcher in Little Eastcheap, 14l. to a boatmaker in Ratcliffe, 52l. to a ropemaker in Shadwell, 31l. to a brewer in Wapping, 22l. to a fishmonger at the Hermitage, 21l. to a ship chandler in Tower Street, 45l. to a cooper in Shadwell, 10l. to an apothecary in Wapping, 113l. to a shipwright in Wapping, and 5l. to Julius Fowles, pilot. Total amount, 887l. The Blessing arrived at Carolina 14th Angust 1671, see No. 612. 1 p. [Shaftesbury Papers, Section IX., Bundle 48, No. 74.]
May 31. 542. "A true Account and Relation of this my last Expedition against the Spaniards," almost identical with Admiral Sir Henry Morgan's Relation, 20th April (see ante, No. 504). Annexed,
542. I. Minute of a Council held at St. Jago, that Admiral Henry Morgan gave Governor Sir T. Modyford and Council a relation of the voyage to Panama, who gave him many thanks for the execution of his last commission and approved very well of his acting therein. 1671, May 31.
542. II. Deposition of John Peek before Sir Thos. Lynch, Governor of Jamaica, that he was secretary to Admiral Henry Morgan all the Panama voyage; was present when the two Spaniards were sworn: Sir Thos. Modyford had knowledge of the design to attack Panama by a ship sent on purpose, and in a letter 10 days after the arrival of said ship he gave no countermand, so they marched for the city; the above is a true copy of the journal delivered to the Council 31st May, for which they gave thanks and ordered it should be recorded. 1672. April 3. Together 8 pp. [Col. Papers, Vol. XXVI., No. 69.]
May 31.
St. Jago de la
543. Minutes of the Council of Jamaica. Ordered, that it shall be free for any master of a ship to take what ballast he shall want at Chocoletta Hole on Port Royal; which order is to be published forthwith by the Governor of Port Royal. Relation by Admiral Morgan of his voyage to Panama [see ante, No. 504]. The Board gave him many thanks for executing his last commission and approved well of his acting therein. On information that a verdict of a jury had been obtained against Capt. Edward Collier and that he was threatened further to be sued, for executing a warrant of the Major-General at the going out of Admiral Henry Morgan's fleet, viz., giving notice that as the Admiral intended to sail very early in the morning, all persons belonging to the fleet were immediately to repair on board their respective ships under penalty of losing the benefit of the General's protection, and that all persons keeping victualling houses were strictly commanded to draw no more drink to any person of the fleet, and that any taken offending therein by the guards appointed one hour after publication to search their houses, should be liable to imprisonment; ordered, to encourage his Majesty's officers courageously and cheerfully to execute like orders for his Majesty's service, that Lt.-Col. Robt. Byndlosse, Chief Judge of the Court of Port Royal, do not suffer any proceedings, nor grant execution on any verdict of a jury, against the said Collier for anything he was authorized to do by virtue of said warrant. Ordinance for satisfying the owners of slaves wilfully murdered, for the ease of the prison, and for putting such prisoners to work as are in gaol for such offences. 3 1/2 pp. [Col. Entry Bk., No. XXXIV., 217–221.]
544. Sir Thomas Modyford to the Governor of San Domingo of Hispaniola. Received last night by Don Francisco Calderon his Excellency's despatch of the 6/16 current, with the Articles of Peace between the crowns of Great Britain and Spain, and his desire that the same be published by them both on the same day. Has not yet received any orders from his master, but is in hourly expectation thereof, and if they come soon enough, will cause the treaty to be published on St. John's Day as the Governor of Porto Rico desires. All his master's subjects under his command rejoice much in this peace, and will contend with the Spaniards in all points of civility and friendship; and so forward was he towards it, that in May 1669, he repealed all commissions against his Catholic Majesty's vassals, until in June last Capt. Emmanuel Revera Pard[al] came on the coast with three vessels, fired their houses, destroyed their people, and sent in challenges to come and fight with him; which enforced them to this last Expedition, and the more so because having taken said Revera, they found in his vessel three commissions under the firms of the Governors of St. Jago of Cuba, Carthagena and Panama, wherein was recited the Queen's Schedula of 20th April 1669, empowering the Spaniards to make that war upon them, which they are now willing to forget. The person of Don Francisco Caldron was very acceptable, being both a soldier and planter, which is the profession of all the gentlemen of this island; also they look on it as no small advantage, that his Excellency understands their language, and has been under command of their master's royal brother. Assures him they have no ships of war on his coasts, all being commanded into port, which the major part have obeyed. 1 1/4 pp. [Col. Entry Bk., No. XXVII., pp. 132, 133.]
May. 545. Revocation of his Majesty's Privy Seal of 10th March last for 2,778l. 10s. 8d. to Sir Charles Wheler for two companies in the Leeward Isles; and warrant to the Exchequer out of the revenue of 4 1/2 per cent. at Barbadoes to pay to said Sir Charles said sum of 2,778l. 10s. 8d. on account of pay of said companies, and also to pay to Major Andros for use of Sir Tobias Bridge's regiment all such sums as shall be due till they be disbanded, and such further sums as shall amount to a moiety of the pay due to the officers. [Dom. Chas. II., Docquet.]
May. 546. Twenty Acts and two petitions made at a General Assembly begun and held at St. Maries, in the Province of Maryland, 27th day of March, in the 39th year of the Dominion of Caecilius, &c., A.D. 1671. The titles are as follow:—
(1) An Act for the advancement of foreign coins; Petition of Barnard Johnson, of Calvert County, Wm. Nengfinger, of St. Maries County, John Gotee and Margaret, his wife, of Dorchester County, and Stephen Besson, of same county; (2) An Act touching coopers; (3) for stay of executions after April Court; (4) for the reviving of certain laws within this province; (5) for the encouraging the importation of negroes and slaves into this province; (6) empowering the Commissioners of the county courts to levy and raise tobacco towards the defraying the necessary charges of their counties; (7) against divulgers of false news; (8) for the making void and punishing of all fraudulent practices tending to the defrauding of real purchasers and creditors; (9) for quieting possessions; (10) against hog stealers; (11) for the providing a standard with English weights and measures in the several and respective counties within this province; (12) for the coroners' fees; (13) prohibiting the importation of all horses, geldings, mares, or colts into this province; (14) an explanation of two clauses in an Act entitled An Act for the clerk's fees and allowance for jurors in civil causes with an addition of a fee to the seal of each respective county; petition of Alexander Shymossa, of Foster Island, County Talbot, and Margaretta his wife and others; (15) An Act for the settling the rates and prices in money of all wines, liquors and other commodities sold by retail within this province; (16) against runaways and such persons that shall give them entertainment and others that shall travel without passes; (17) for the encouragement of the sowing and making of hemp and flax; (18) for the raising and providing a support for his Lordship, the Lord and Proprietor of this Province during his natural life, and likewise supply towards the defraying the public charges of government; (19) for the payment of the public charge of this province; and (20) An Act for the enrolment of conveyances and securing the estates of purchasers. Memorandum. That the laws before mentioned passed the Great Seal the 27th of May 1671. Philip Calvert Cañc. [Col. Entry Bk., Vol. LIII., pp. 178–223.]
May ?] 547. Account by the President of Panama of the Expedition taken by a French man-of-war as it was going for Spain and sent to the Governor of Jamaica, and there faithfully translated. 4 pp. [Col. Papers, Vol. XXVI., No. 70.]