America and West Indies: February 1674

Pages 552-559

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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February 1674

Feb. 5. 1216. An Act passed in the island of Montserrat empowering Justices of the Peace to order labourers' wages, and restraining persons going on board ships or other vessels. 5th February 1674. In margin, "Print this. These to be printed before the Parchmt Book" Col. Entry Bk., No. L., 224, 225.]
Feb. 6. 1217. Commission to Sir Jonathan Atkins to be Governor-in-Chief of Barbadoes, &c. (See ante, No. 1185.) 13 pp. [Col. Entry Bk., No. XCV., 72–84.]
Feb. 9/19 1218. The Fifth Article of his Majesty's Treaty with the States-General, dated 9/19 of February 1673–4. Whereas the Colony of Surinam and the Articles made on the surrender thereof in 1667 betwixt William Byam, then Governor for his Majesty, and Abraham Quirini (Crynsens), Commander for the States-General, have administered much occasion of dispute and contributed much to the late misunderstanding betwixt his Majesty and the said States; to remove all grounds of future mistakes, the said States agree, that not only the said articles shall be executed without any manner of equivocation, but that it shall be free for his Majesty to depute one or more persons thither to see the condition of his subjects, and to adjust a time for their departure; and that it shall be lawful for his Majesty to send one, two, or three ships at one time to carry away his said subjects, their goods, and slaves; and that the Governor there shall not make any law whereby the buying or selling of land, paying off debts or commutation of goods shall be otherwise qualified to the English than to other inhabitants of the colony, but they shall enjoy the same laws and privileges as are usually practiced amongst the other inhabitants; and that when his Majesty shall desire of the said States authentic letters to the Governor to suffer the English to depart and the ships to come, said States shall within 15 days deliver the same to whomsoever deputed by his Majesty. 21/2 pp. [Col. Entry Bk., No. LXXVIII., 56–58.]
Feb. 12.
1219. The King to all Admirals, Governors of Foreign Plantations, &c., &c. Whereas Isaac Foxcroft, master of the ship Carolus Secundus, about 300 tons, come into this Kingdom upon the encouragement of his Majesty's Declaration of 12 July 1672 in favour of the subjects of the United Provinces, has petitioned for leave to sail with goods of his Majesty's dominions to Virginia with his own outlandish seamen; his Majesty (in accordance with an Order in Council of the 6th instant) declares his pleasure that they suffer the said Isaac Foxcroft with the said ship laden and manned as aforesaid freely to proceed to Virginia and there dispose of his goods and trade as freely as if he were a natural-born subject; provided that he pay all such duties and observe all such orders as are in such cases to be paid and observed. 2 pp. [Dom. Entry Bk., Chas. II., Vol. XXXVI., pp. 327, 328.]
Feb. 12.
1220. The like Licences for trade to Virginia to John Harlowe, master of the ship Charitas, about 200 tons, and to Jeroln Jerolnson, master of the ship Liefde, about 200 tons. [Dom. Entry Bk., Chas. II., Vol. 36, pp. 328, 329.]
Feb. 13. 1221. The Council for Trade and Foreign Plantations to the King. Humbly offer their advice that Sir Jonathan Atkins and all other Governors or Deputy-Governors of Foreign Plantations may henceforth before their departure take the oaths of allegiance and supremacy, and perform such other things as are required in a late Act of Parliament intituled an Act for preventing dangers which may happen from popish recusants, and also take an oath for the due execution of their commands, and the oath appointed in the Act for encouraging shipping and navigation. Endorsed, "Council of Plantations, Feb. 13th. R 19th 1673. Read at the "Committee of Foreign Affairs, Feby 22nd." 1 p. [Col. Papers, Vol. XXXI., No. 11.] See also copy with Mem. that this was delivered by Mr. Locke to Lord Arlington, 19th Feb. 7 3/4 [Col. Entry Bk., No. XCIV., 102.]
Feb. 1222. The King's Commission to John Willoughby, Henry Drax, Henry Walrond, Samuel Newton, John Stanfast, and John Peers, to administer to Sir Jonathan Atkins, Governor-in-Chief of Barbadoes and the rest of the Windward Islands, the oaths for the observance of the Acts of Navigation and Trade. With Mem. in the margin, That the same Commission (mutatis mutandis) is sent at the same time to the Leeward Islands directed to Randolph Russell, Francis Morton, Daniel Lanhathern, John Hughes, J. Estridge, and Roger Eldrinton, to give the oaths to Col. Stapleton, the Chief Governor, and another to Col. Stapleton to administer said oaths to his Deputy Governors and Commanders of said islands. 4 1/2 pp. [Col. Papers, Vol. XXXI., No. 11*.]
Feb. 18–19.
St. Jago de la
1223. Minutes of the Council of Jamaica. Returns of elections to the Assembly, brought in by the Marshal, vizt.:—For the parish of St. Thomas, Capts. William Rives and Edw. Stanton; St. David, Lt.-Col. William Beeston and Capt. Clement Richardson; Port Royal, Capt. Anthony Swymmer and Majr. Benj. Whitcombe; St. Andrew, Capts. Rich. Brayne and Edmond Delacre; St. Katherine, Capt. Saml. Long and Majors John Colebeck and Wm. Nedham; St. John, Majors Thomas Ascough and Whitgift Aylemore; Clarendon, Capt. Gifford Pennant; Vere, George Asborn; St. Elizabeth, Robert Bridgewood and Jonathan Ashurst; St. Mary and St. George, Capt. George Nedham; St. Ann and St. James, Capt. Richard Guy; who, having approved his Excellency's nomination of Capt. Sam. Long to be their speaker, returned to their House, where the oaths of allegiance and supremacy were administered by Col. Thos. Modyford and John White, and they adjourned till next morning.
Feb. 19.—A vote presented by some of the Assembly that writs be issued for supplying two Assembly-men for every parish, except three for St. Katherine and three for Port Royal; to which was answered that to issue writs while they were sitting would retard public business, but that the Governor and Council would join in an Act for ascertaining their number for the future. Committees appointed to join with the Assembly in drawing Acts for the amendment of several Acts, the regulation and adjournment of Courts, suppressing of lawyers, appointing of judges, and regulating the Marshal's proceedings in levying executions. 4 pp. [Col. Entry Bk., No. XXXV., 360–364.]
Feb. 18–26.
St. Jago de la
1224. Journals of the Assembly of Jamaica. Present Capt. Sam. Long, chosen speaker on recommendation of the Governor, Lt.-Col. Beeston, Capt. Stanton, Capt, Rynes, Maj. Ayscue, Capt. Needham, Maj. Colbeck, Maj. Needham, Maj. Aylemore, Capt. Delacree, Capt. Pennant, Capt. Guy, Capt. Swimmer, Mr. Asborne, Capt. Richardson, Mr. Bridgewood, and Mr. Whitcomb, all of whom were sworn in the presence of Lt.-Col. Byndlosse and Chief Justice White. Mr. Ashurst refusing to take the oath of supremacy, two members were sent to the Governor and Council to know if it might be dispensed with. Mr. Ashurst sent to the Governor and Council, when the oath was administered to him. Two members sent to acquaint the Governor and Council that Capt. Brayne refused to stand for an Assembly-man, brought word it was without precedent. Ordered, that he be committed to prison without bail during pleasure. The rules for keeping good order, read the last Assembly, again read and approved. Two members to go to the Governor and Council to express their desire that writs be issued for making up the number of Assembly-men to three for Port Royal and St. Katherine's, and two for every other parish. The Act of toleration in religion read first time and passed with amendments. Act against tippling, cursing, &c., read first time and passed.
Feb. 19.—Voted that Port Royal have three representatives. Answer from the Governor and Council that they would consider the Assembly's proposal for a new election. Bounds voted of the respective parishes of St. Thomas, St. David, St. Katherine, St. Dorothy, St. John, St. Andrew, and Vere; Sixteen-mile walk, to be a parish of itself, and to be called St. Stephen's; Clarendon, St. Elizabeth; Point Conway to be called Port Royal. The amendments of these parish bounds sent to the Governor and Council to consider. Acts for the Marshal's levying executions, governing negro slaves and Christian servants, hunting, preventing damage by fire, ascertaining the number of Assembly-men, and celebrating 10th May, considered with divers amendments.
Feb. 20.—Acts for surveying the highways, and maintenance of the ministry, considered with amendments. Voted that the Grand Court be held every three months, with five Judges, three to be a quorum, that all lawyers be wholly suppressed, and all Courts adjourned for six months, except Port Royal, for non-residents and persons going off the island. Several Acts considered, with amendments, and some sent to the Governor and Council. Proposal of the Council for raising the interest of money to 15l. per cent. voted.
Feb. 21.—Several Acts considered, with amendments, and sent to the Governor and Council.
Feb. 23.—Act for retailing strong liquors, read and passed.
Feb. 24.—Five members to be fined for not appearing. Capt. Brayne discharged till summoned by the House, having received some loss by fire. Several Acts considered, with amendments, and sent to the Governor and Council.
Feb. 25.—Several Acts considered, with amendments, and sent to the Governor and Council.
Feb. 26.—Several. Acts read and passed. 12 pp. [Col. Entry Bk., No. XXXVII., 88–95.]
Feb. 23. 1225. The Council for Plantations to the King. In obedience to his Majesty's order of the 16th, herewith present the state of the case between Capt. John Rodney and others, wherein are contained the grounds of their proceedings therein. Mem. Herewith were presented copies of Capt. Rodney's petition, his Majesty's reference thereon, and the report of this Council, all which were to that purpose delivered to Sir Robert Southwell the 24th Feb. 1674. 1/2 p. [Col. Entry Bk., No. XCIV., 76.]
Feb. 27. 1226. Petition of Thomas Jarvis, William How, Robert Higgins, Richard Ashall, Edmond Cooke, Matthew Fox, and divers others trading into the Western Plantations to the King in Council. Petitioners have heretofore in their several petitions laid at his Majesty's feet the consideration of their particular losses by the treacheries and force of the Spaniards in the West Indies, with their barbarous inhuman cruelties committed upon his Majesty's subjects, during a league strictly observed by his Majesty's subjects; and finding no redress by their own applications and those of his Majesty's Ambassador in Spain, where they find their delays as cruel as their other inhumanities; they present in a paper annexed their several cases, whereby his Majesty may take a prospect how much the acts of the Spaniards tend to the destruction of his Majesty's subjects and Plantations, and the diminution of his Majesty's honour, no small aggravations to petitioners' miseries. Pray his Majesty to appoint some way for their speedy and effectual relief, and for preventing these spoils and insolencies for the future. Signed by all the petitioners, "Read in Council Feb. 27, 1673–4." Annexed,
1226. I. Order of the King in Council. That the above petition be referred to the Lords Committee for Trade and Plantations, to consider the allegations and several cases and reports to his Majesty in Council, what is fit to be done for the petitioners' relief. And it is further ordered that said Committee meet on Monday next, when some of his Majesty's Council for Plantations are to be present, and such papers as have been before them in reference to the cutting of logwood and the contentions which have arisen thereon are also to be sent to the Committee the better to enable them to report to his Majesty the full state of this concern. Whitehall 1674, February 27. Endorsed by Locke, Rec. 28 Feb. 7 3/4 in the afternoon.
1226. II. Order of the Lords Committee of Council for Trade and Plantations. That Edmond Cooke, master of the Virgin pink, Wm. How, master of the Thos. and Mary, Math. Fox, master of the Humility, and John Channon, master of the Rebecca sloop, severally make out on oath before the Judge of his Majesty's High Court of Admiralty the manner and circumstances of the capture of said respective ships by the Spaniards in the West Indies, and the damages and losses sustained by reason of such capture, and present same to their Lordships with all speed. Whitehall 1674, March 5.
1226. III. Minutes of the Committee for Trade and Plantations. No answer has yet come from Spain to the complaints in behalf of Stamp. The King's Ambassador in Spain to represent the complaints of Jarvis, How, Higgins, &c., to the Queen, as directed in former cases, and to the Spanish Ambassador here. The parties first to make out their complaints in the Court of Admiralty. The Council for Plantations called in; they delivered 6 papers about cutting logwood, and said the matter of right was a point of great difficulty which they had not touched. The merchants called in; Wm. How, and Richard Ashall : the ship Thomas and Mary had no log-wood in her when taken. Edmond Cooke informed that the Rebecca sloop, John Channon, master, had no logwood; Channon sick at Dover, this ship went directly from Barbadoes to Jamaica. The Virgin pink, Edmond Cooke, commander, was seized off Santa Lucia on Cuba, by Capt. Philip Fitzgerald and two other men-of-war, who demanded French goods, and then seized the ship and turned them all into a boat with a fortnight's provisions. They were two months and three days reaching Jamaica; and the Governor of Trinidad would neither give nor sell them victuals, but bid Cooke go like a dog and thief. He had 42 tons of logwood laden at Jamaica, and the Spaniards said they had commission to destroy all ships that had two pounds of logwood in them. All this proved in the Admiralty. Cooke says there have been 300 of his Majesty's subjects inhabiting winter and summer at Yucatan for eight years past, and not any of them within 45 leagues of any Spanish Plantations. Matthew Fox, master of the Humility of London, coming from Jamaica towards Virginia, was seized off Havana by Captain Perez Pensall, and carried to Havana, where he was first cleared by the Governor, who afterwards sent men on board and kept him, till, as soon as he was out, Captain Fitzgerald, an Irish Papist, who was preparing all the time of his stay, took him, and used him and his company barbarously, giving no reason but that his countrymen were ill-used by the English 24 years ago, and he should never be satisfied with English blood, but could drink it as freely as water when he was adry; and he had commission to sink or take all ships trading from Jamaica, "and kill those." The Spaniards trade at Jamaica, for logwood. Coming back to Havana he complained of the Governor's pass broken and his men murdered; but the Governor replied, "you are a heretic dog, why did he not kill you as the rest?", and told him it was a crime for any Englishman to come into the Indies. This has been proved by Fox in the Admiralty; and he says that in the Havana they told him the Spaniards had taken 75 ships of Jamaica, New England, Virginia, and Old England. since the peace in 1670. The Committee to meet again on Tuesday. 1674, March 5.
Similar Minutes. To demand satisfaction, notwitstanding our matter of right be not certain; our men to have warning to defend themselves; 'tis a beneficial trade; a proclamation to forbid Yellows and Fitzgerald to serve any foreign Prince, if the Spaniards deny the satisfaction to grant letters of reprisal; divers English ships ill-treated who have not had any logwood on board. 1674, March 10.
1226. IV. Order of the King in Council on report of the Lords for Trade and Plantations on the cases of the above-named petitioners, as abstracted in the preceding minutes of the Committee for Trade and Plantations. Conceiving these usages may have arisen by the English cutting logwood at Yucatan, which is a beneficial trade and used in uninhabitated places only, and being informed that there have been 300 of his Majesty's subjects inhabiting winter and summer at Yucatan for eight years past, and none of them within 45 leagues of any Spanish plantation; and for that it appears that divers English ships have been ill-treated by the Spaniards in the same manner that had not any logwood on board, and divers that had bought logwood in Jamaica; their Lordships are of opinion, That reparation and satisfaction be earnestly demanded, both in the Court of Spain, and of the Spanish Ambassador here, and particularly for the injuries sustained by Edmond Cooke, master of the Virgin; Wm. How, of the Thomas and Mary, of Virginia; Matthew Fox, of the Humility; and John Channon, of the Rebecca, and their owners; that if the same be denied or unreasonably delayed, his Majesty cannot in honour or justice deny his subjects the liberty of reprisals; and in the interim that notice be given to his Majesty's subjects there to prepare to defend themselves against the like attempts; and in regard Captains Yellows and Fitzgerald, two of his Majesty's subjects, appeared to be the chief instruments of said depredations, That a Proclamation be issued for recalling his Majesty's subjects from the service of any foreign Prince between the tropics in America, with promise of pardon if they render themselves within a convenient time; and that the Governor of Jamaica receive speedy order for securing both said persons if found so offending after the time limited within his Government, and cause them to be sent prisoners to England. To all which his Majesty declared his approbation, and ordered that said report be put into the hands of Secretary Lord Arlington, to make such use thereof as he shall think most expedient for obtaining satisfaction for said injuries, and procuring the continuance of the trade of logwood, as far as possibly maybe allowed. Whitehall, 1674, March 11. Together, 7 pp. [Col. Papers, Vol. XXXI., Nos. 12. 12. I., II., III., IV.]
Feb. 27. 1227. Copy of preceding Petition and Enclosures I., II., III., with Mem. that copies of the several papers concerning the logwood trade were delivered to the Committee of the Privy Council, 5th March 1674. [Col. Entry Bk., No. XCIV., 77.]
Feb. 28. 1228. Commission to Sir Henry Chicheley; knight, to be Deputy Governor of Virginia and other the territories thereon depending, during his Majesty's pleasure, as also to command-in-chief there in the absence or disability of the Governor, with all such powers as Sir William Barclay [Berkeley], knight, or any other Governor has or shall have. Two copies. 2 pp. [Col. Papers, Vol. XXXI., Nos. 13, 14. Another copy is in Dom. Entry Bk., Chas. II., Vol. XXXVa., pp. 85d–86.]
Feb. 28. 1229. The King to the Governor and Council of Virginia. Has appointed Sir Henry Chicheley Deputy-Governor of Virginia, in the absence or disability of the Governor, and recommends it to them in the most effectual manner to make him an allowance to enable him to support his said character with dignity. [Dom. Entry Bk., Chas. II., Vol. XXIX., p. 125.].
Feb. 28.
1230. Instructions for Sir Jonathan Atkins, Governor of Barbadoes. (See ante, No. 1186.) 8 pp. [Col. Entry Bks., No. XCIII., fo. 87–90; also No. XCV., 85–91.]