America and West Indies: May 1669

Pages 21-26

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 1669

May 5.
61. Petition of Major James Bannister, late Governor of Surinam, to the King. That Petitioner surrendered Surinam to the Dutch, who agreed that himself and his fellow subjects should have shipping at moderate rates to remove themselves and estates to some other of his Majesty's Colonies, in order to which Petitioner demanded shipping, which the Dutch not only refused, but on 22nd July last seized Petitioner and carried him prisoner into Zealand, where he so continued 10 weeks. In December last the Lords of Zealand passed a resolution that Petitioner should forthwith depart thence, never return to Surinam, and be enjoined to sell his estate to an inhabitant of that place; whereupon Petitioner repaired hither to acquaint his Majesty. The Zealanders also seized 9,500 lbs. sugar sent for Petitioner's support in Zealand, and he is like to lose two considerable plantations there, for which he has been proffered 2,200l. All these injuries have been done him for no other cause than insisting to have the articles performed, as has been sufficiently manifested before his Majesty's Council for Trade, which articles Petitioner understands the Dutch have lately agreed to perform. Prays that the Dutch may give satisfaction for his losses, and restore the sugar seized, and that his Majesty will bestow on Petitioner a vessel of 100 tons for the removal of his family and moveable estate from Surinam. Endorsed, Read 5th May 1669. 1 p. [Col. Papers, Vol. XXIV., No. 56.]
[May 7.] 62. Reply of Nathaniel Kingsland to Lord Willoughby's answer to his petition [see ante, No. 53]. That Sandford did stay at Surinam to enjoy the articles after the capture by the Dutch, but it was Col. Byam who accused him to the Dutch, and 'twas his business to have persuaded them to keep to the articles. That the confiscation of Kingsland's plantation was an agreement preceding the undertaking is very improbable, being unknown to Sandford, and against the rules of common justice to make the "recaption" more fatal to their fellow subjects than the loss itself; but if it were, the reinstating of Sandford in the plantation by the General's order had determined this to be his booty; and "'tis easy to prove that the Lieut.-General had nothing confiscated, and whoever lost in the expedition got amply." By law any man may take his own goods wherever he finds them, and 'twas rather a kindness to give notice by the crier than affront to the Governor or cause of imprisonment. It was as reasonably propounded by Kingsland to give security to abide the law concerning his negroes as it was unreasonable to imprison him that he might not follow the law. As to discovering Kingsland's complaint before the Council, affirms the contrary, for the order and letter were sent inclosed to Kingsland, and his Lordship could not have them but from Kingsland's hand; but if true, it is expressly against the law for any man to be menaced for complaining to the King; and to answer his petition for justice with imprisonment was a severity not unworthy his Majesty's notice. He suffered judgment to go against him by default by advice of counsel, because some of the judges were in possession of part of the negroes in demand; and now the whole matter is before his Majesty and Council, Kingsland will acquiesce in whatsoever shall be determined. Desires some day next week may be appointed for hearing the matter. Endorsed, Received and read May 7, 1669. 1 1/2 pp. [Col. Papers, Vol. XXIV., No. 57.]
May 8.
63. Grant to Henry Earl of St. Albans, John Lord Berkeley, Baron of Stratton, Sir Wm. Moreton, and John Tretheway. Whereas by letters patents, bearing date at St. Germain-en-Laye the 18th September 1649, his Majesty granted to Ralph Lord Hopton, Henry Earl of St. Albans (by the name of Henry Lord Jermyn), John Lord Culpeper, John Lord Berkeley of Stratton (by the name of Sir John Berkeley), Sir William Moreton, Justice of the King's Bench, Sir Dudley Wyatt, and Thomas Culpeper, their heirs and assigns for ever, all that tract of land in America "bounded by and within the head of the rivers of Tappahannock, alias Rapahannock, and Quiriough or Pattawomacke Rivers, the courses of the said rivers, as they are commonly called or known by the inhabitants, and descriptions of those parts and Chesapoyocke Bay, together with the rivers themselves and all the islands within the banks of those rivers, and all woods," waters, harbours, fish, beasts, fowl, mines, quarries, &c. within the precincts thereof, royalties of hawking and hunting, &c., reserving to his Majesty, his heirs and successors, the fifth of all gold mines and ore, and the tenth of all silver mines and ore; paying yearly at the Feast of St. John the Baptist the sum of 6l. 13s. 4d. at his Majesty's receipt of James Town, in Virginia. And whereas said Lords Hopton and Culpeper, Sir Dudley Wyatt, and Thomas Culpeper are dead, and said Lord Hopton conveyed all his estate and interest in the premises to John Tretheway, all said premises were vested in said Earl of St. Albans, John Lord Berkeley, Sir William Moreton, and John Tretheway. And whereas said Earl of St. Albans, John Lord Berkeley, Sir William Moreton, and John Tretheway have surrendered said letters patents, to the intent that his Majesty should grant them new letters patents thereof, his Majesty hereby grants to said grantees all that tract of land, with the appurtenances and privileges, and on the same terms as before described. And further, power to divide the same into counties, hundreds, parishes, and townships, and to erect cities, churches, and colleges, and endow them with lands and goods; and to be perpetual patrons of said churches, colleges, schools, &c.; and to divide any part of said territory into manors, and hold therein courts baron for all actions where the demand exceeds not the value of 40s., and receive the fines and emoluments thereof; and to hold within said manors a court leet and view of frankpledge of all tenants and inhabitants of the hundreds within which said manors may be, within one month after Michaelmas, and before Easter, according to the custom of England; and to hold in said manors in every week one market and two fairs every year, with a court of pypowder in every fair, and with all liberties, tolls, customs, fines, &c. belonging to any market, fair, or court of pypowder in England; and to erect parks for deer and other beasts of chase, and enclose them and enjoy them for ever, so that no other person may presume to enter therein or kill any of the beasts therein without the license of said grantees; and to grant or sell all or any of the premisses to any persons, to be holden of said grantees in free and common soccage, or any other tenure in England, any statutes, &c. to the contrary notwithstanding. And his Majesty covenants at any time hereafter to enlarge and confirm these letters patents, Provided always that these presents shall not extend to infringe or prejudice any contracts or grants made by the Governor and Council of Virginia of the premisses or any part thereof to any inhabitants now in actual possession thereof by virtue of any grant made before the 29th September 1661, which grants shall continue good and effectual without paying any fines other than the rents thereon reserved, together with the remainders, reversions, and escheats to the said grantees; which lands so granted by the said Governor and Council shall not be draw into manors, nor the grantees compelled to do suit or service to any court of the manors without their voluntary consent, but shall enjoy all privileges, &c. granted to them by said Governor and Council, with such limitations as by these presents are declared. And when any of said territories shall have been distributed into manors, it shall be lawful for any inhabitants to appeal from any sentence in any manor court to the Quarter Courts of Virginia. Provided that, as to so much of the premisses as within 21 years shall not be possessed, inhabited, or planted by the means of said grantees, these premisses shall cease and be void. Provided lastly, that the said grantees shall not intermeddle in the military affairs of or within the premisses, or with the command of the castles, forts, &c. thereof without the authority of the Governor and Council of Virginia; and that said Governor and Council shall have full power to impose any taxes and impositions upon the said territories and the inhabitants thereof for the public defence of Virginia and the territories hereby granted, as upon other parts of Virginia proportionably; and that said grantees and the inhabitants of the premisses shall be in all things subject and obedient to such laws and constitutions as are or shall be made by said Governor and Council and Assembly for said Colony. And these letters patents or the enrollment thereof shall be valid without any further confirmation, and shall be sealed with the Great Seal. [Patent Roll, 21 Chas. II, part 4, No. 6.]
May ? 64. Mem., in the handwriting of Under Sec. Williamson, of commissions and papers concerning St. Christopher's to be despatched to Barbadoes. His Majesty's commissions to receive the Island, and to compose disputes; the instructions; the French King's last order and the preceding ones; and a letter from M. Colbert. The whole to be addressed to—, with a letter from Lord Arlington accompanying it. Lord Willoughby to give the necessary orders for establishing a Governor in the island. 1/2 p. [Col. Papers, Vol. XXIV., No. 58.]
May 19.
65. [Sec. Lord Arlington] to Sir John Yeamans (at Barbadoes). The Most Christian King having at length issued the necessary orders for effectually restoring to his Majesty the English part of St. Christopher's, and having agreed for the composing by Commissioners on both sides of all disputes that may arise; his Majesty has issued two commissions to Sir John Yeamans and others; one, for receiving restitution of said part of said island which ought by the treaty to have been restored forthwith, but has been thus long delayed by the insufficiency of the orders issued by the Most Christian King; the other, to empower his Majesty's Commissioners with the Commissioners on the French part to adjust all differences that may arise on the points specified. Each are accompanied by necessary instructions from his Majesty, so that it only remains to recommend them to set about the work with all expedition, to proceed towards the French with all clearness and fair meaning according to the rules set down in said instructions, and to advertise his Majesty from time to time of their progress. Draft with corrections in Williamson's handwriting. 1 p. [Col. Papers, Vol. XXIV., No. 59.]
May 19. 66. M. Mignon, Secretary to the French Ambassador, to [Under Sec. Williamson]. Called to put into his hands a letter from the French Ambassador to M. De la Barre, or M. de Bas, and wishes to know if it is in such terms as he desires. French. Endorsed, 19 May 1669. Surrender of St. Christopher's. 1 p. [Col. Papers, Vol. XXIV., No. 60.]
[May 20.] 67. Mem., by Under Sec. Williamson, of despatches sent away by the ship (blank) for Barbadoes, in a black box addressed to Sir John Yeamans. Mr. Champante had the care to deliver them on board, May 20, 1669. J.W.
Commission for receiving the island from the French dated 22 March 1668–9 [see Cal. ante, No. 33].
Commission for composing and determining all differences with the French [same date see ante, No. 36].
Instructions for executing those two Commissions [see Cal. ante, No. 39].
French King's Orders for restoring the island, of 31 Oct. 1668, 11 Dec. 1668, 16 Jan. 1668–9 [see ante, No. 4 I.].
French Ambassador Colbert's letter to De la Barre or De Baas [dated 13/23 January 1668–9, see Cal, ante. No. 4].
Lord Arlington's letter accompanying them, directed to Sir Robt. [mistake for SirJohn] Yeamans [dated 19 May 1669, see Cal. ante, No. 65].
Copy of letter of Commissioners of sick and wounded and prisoners at war, about entertainment of prisoners.
Printed copy of the Treaty of Breda. 1 p. [Col. Papers, Vol. XXIV., No. 61.]
May 20.
68. Edward Rawson, Sec., by order of the Council of Massachusetts, to Sec. Lord Arlington. By express from his Majesty last year for keeping Nova Scotia, they had hopes they might have been silent as to that affair without disservice to God, their King, and country, but understanding by a letter from Mr. Barker to Sir Thos. Temple of 18th Feb. last, that there is a resuming of that matter, they account it their duty to present their sense of the affair. Should the French have that country it would not only obstruct the trade of peltry, but of fishing, which is most considerable; for when they had possession of it, even in peace, the least occasion was taken by them to make prize of vessels fishing on those coasts, and should there happen a war, how bold their attempts may be to annoy these plantations needs no great forereach to apprehend. It would be doubtless not only a reviving of the French King's withering interest in North America, but a very large augmentation of advantage to their settlement at Kebeck (Quebec), and become as an half girdle to the English settlements by land, added to their sea advantage for the obstruction of navigation; so that the parting with Nova Scotia or Acadia for St. Christopher's holds slender proportion. Need not suggest the English right by discovery, patent, and possession. 2 pp. [Col. Papers, Vol. XXIV, No. 62.]
[May 23.] 69. Col. Nicolls to Secretary Lord Arlington. The clamours of a people oppressed by the Massachusetts Colony are addressed by petition to his Majesty and humbly recommended to his Lordship. Their importunity to Nicolls (who knows the justice of their cause) compels him to be concerned in their complaint, though he would more willingly have contributed to the reconcilement of differences; but now matters are flown so high that the oppressed people of Maine implore his Majesty's protection against the Massachusetts, who have at once invaded his Majesty's authority and their fellow subject's liberties, some of whom remain in prison for asserting their Government, established pro tempore by his Majesty. The whole matter is left to his Lordship's consideration. Endorsed, Read in For[eign] Committee, 23 May 1669. 1 p. [Col. Papers, Vol. XXIV., No. 63.]
May 27.
70. Gov. Sir Wm. Berkeley to Sec. [Lord Arlington]. Last spring, in the company of 200 gentlemen, he made an essay to find out the East Indian Sea, and had hopes to find silver mines, as the Spaniard had done in the same latitude, but unusual rains hindered their intentions. Is of that age which requires that very little time should be misspent, and has since considered that he had not his Majesty's commission to justify so bold an undertaking, added to the memory of the misfortune of Sir Walter Raleigh. The bearer, Col. Parkes, will now solicit his Majesty's commission to prosecute the design next spring. The King may please to divert himself by asking the Colonel questions on the nature, posture, and condition of the Colony. Endorsed, Answered 12 Nov. 1669. 2 pp. [Col. Papers, Vol. XXIV., No. 64.]