America and West Indies
April 1677

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Institute of Historical Research

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W. Noel Sainsbury and J.W. Fortescue (editors)

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1896

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54-72

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'America and West Indies: April 1677', Calendar of State Papers Colonial, America and West Indies, Volume 10: 1677-1680 (1896), pp. 54-72. URL: http://www.british-history.ac.uk/report.aspx?compid=69960 Date accessed: 30 September 2014.


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April 1677

April 2.
Green Spring, (Virginia).
167. Major Robert Beverley, Clerk of the Assembly, to Thomas Ludwell and Colonel Daniel Parke, Treasurers for Virgina. Directing them to honour and pay certain bills as per annexed list drawn upon them for satisfaction of the public debts, according to Order of Assembly of 20th February last. Annexed,
167. i. Order of Assembly begun at Green Spring empowering Major Robert Beverley to draw Bills of Exchange upon Mr. Secretary Ludwell and Colonel Daniel Parke for money ordered to be paid by said Assembly. Copy of this order to be produced with the bills drawn.
167. ii. List of bills drawn by the Grand Assembly of Virginia on Thomas Ludwell already paid by Gawin Corbin, July 1677. Endorsed, "Recd. June 1677." 3 pp. Two copies. [Col. Papers, Vol. XL., Nos. 39, 40; also Col. Entry Bk., No. 80, pp. 139–142.]
April 3.168. Affidavit of Edmond Pateshall concerning the proceedings of the Massachusetts Government in 1665. Has lived in Kennebec for 12 or 13 years; was put into a Commission of the Peace for Maine by the King's Commissioners and acted for two or three years as Justice of the Peace and was made a Captain of a foot. company. Was credibly informed that at the end of this time Captain John Leverett, Edward Ting, and Captain Robert Pike came to York in Maine with a troop of horse where several justices were sitting and commanded them not to act any more in the King's name, and by their force disturbed them in the execution of their commission, so that they never after acted any more, which made this deponent also to desist; after this the Government was usurped by the Boston Government who obliged the people to take an oath of fidelity to their Government. Believes that the wars of the Eastern Indians in August last were occasioned by the treacherous dealings of some of the Bostoners who, trading with the Indians, invited them on board and detained them, and brought them to Fayal where they sold them for slaves to the Portuguese; by reason of which deponent and many hundreds lost all they had, two or three hundred persons were murdered, and all their goods destroyed for near 100 miles in length in the Duke of York's province and in Maine. "Jurat 3° die Aprilis 1677. Coram me John Hoskyns." 1 p. [Col. Papers, Vol. XL., No. 41.]
April 4–27.169. Minutes of the Council of Jamaica. Sir Thomas Modyford took the oaths of allegiance and supremacy and of a councillor. The Provost Marshal brought in return for St. James'. Richard Guy and Augustin Gabell. His Majesty's orders of 11th December to assist Virginia ships read, and in favour of the Royal African Company which is to be proclaimed at Port Royal.
April 9.Resolved that the Assembly take the oaths of allegiance and supremacy which was then administered to all except Clem. Richardson and Augustin Gabell who were sick. Having returned to their House the Assembly chose William Beeston, Speaker, of which the Governor approved. James Barkly chosen Clerk of the Assembly, sworn by two of the Council; the oath. Deputation from the Assembly to return thanks for the Governor's speech and that they would endeavour to comply with every part of it.
April 10.Ordered that all the original Acts of the country be sent to the Assembly for perusal, and any amendments they see fit. Also that transcript of the return of the elections be delivered to the Speaker.
April 11.On reading petition of Mr. Orgill, the opinion of the Assembly is desired whether negroes in actual rebellion and not discovered by their masters should be satisfied by the public, the clause in the Act appearing dubious. The House of opinion that such negroes ought not to be paid for by the public, to which the Council agreed. Consideration of the insolencies of the privateers, H.M. Phænix to be sent to cruize. Account of her condition by the captain and officers. Resolved not to send her home till she be fully tried, and the Vulture to be fitted out to attend her.
April 12.Petition of William Nedham and John Collet referred to the Assembly.
April 19.Four bills read twice brought from the House sent back to be read a third time, the Governor in Council declaring all bills ought to be read three times before the other House can proceed with them.
April 20.Message from the Assembly that it hath hitherto been the custom to read Acts twice and send them to the Council and they should keep to that custom. A free conference of the Speaker and Assembly desired, which was agreed to.
April 21.The Speaker and Assembly in a full body met the Council in conference; they sent after to acquaint the Governor and Council that since His Excellency had so freely declared his mind they were resolved to follow the custom of the Parliament of England and read their bills three times before they sent them to the Council.
April 24.Five bills brought from the Assembly returned with amendments.
April 26.Debate on the bill declaring the rights and privileges of the subjects of this island; ordered to be recommitted to the former committee.
April 27.Said bill to be again considered and another bill read three times and sent to the Assembly. [Col. Entry Bk., Vol. XXXV., pp. 552–568.]
April 5.
Whitehall.
170. Journal of the Lords of Trade and Plantations. Mason and Gorges and the Massachusetts Agents are called in the presence of the Lords Chief Justices. The Agents insist on their right of government in the territories claimed by the petitioners as lying within their bounds, and urge the right of possession confirmed by an Act of the Boston General Court in 1652; they do not lay claim to the soil by virtue of their patent, but submit to their Lordships the great expense they have been at in protecting those countries against the Indians which Mason and Gorges could never have been able to do. These two on the other side claim both soil and government as their inheritance by virtue of patents granted to their ancestors by the Council of Plymouth. Whereupon the Agents produce copy of their charter "taken out of the Rolls." Upon the whole matter their Lordships, finding this case to require the consideration of the judges as to matter of law, order Mason and Gorges to prepare a state of their case in writing, to attend the Lords Chief Justices therewith, also to give a copy to the agents of Boston who are to make their objections, and to give a state of their case to said Lord Chief Justices and to petitioners on 6th instant. Their Lordships refer to the Lords Chief Justices the examination of the patents and titles, and they are requested to give notice when ready to give an opinion, at which time their Lordships will meet again to consider of a report on the whole matter. [Col. Entry Bks., Vol. LX, p. 201, and Vol. CV., pp. 19–21.]
April 5.
Swanns Point.
171. The Commissioners for Virginia to Secretary Coventry. On Tuesday last the Assembly concluded; only await an account of the whole of their proceedings to send away the Deptford ketch (their final despatch). The Assembly has given Berkeley 500l., but they find nothing done on his part in order to a peace with the Indians. He gives no account of his late seizures as they desired and he at first promised, nor has he yet answered in any one particular their instructions, but now insists on seeing their private power which they declined showing finding him so critical and captious at all advantages to himself. The Council, the Assembly, and people are and have been so over-awed and biassed by the Governor, that some counties dare not bring in their grievances before Berkeley be gone; fear at last Colonel Jeffreys will be forced to send him home, for he is still as backward as at first for ought they perceive; before the mists be by all artifices cast before them can be cleared. The main business of this letter by Captain Morris is to give an account of his very eminent sufferings and services; his ship has not only been a receptacle for the loyal party but to rebels a prison. Colonel Jeffreys absent at the Camp at Middle Plantation with his officers. 6 pp. [Col. Entry Bk., Vol. LXXXI., pp. 182–187.]
April 7.
Jamaica.
172. Governor Lord Vaughan to Sir Robert Southwell. Has written by all ships but as yet received no answer. Considering the laws were just expiring, he issued out writs of election for another Assembly to be convened 9th instant, and shall recommend to them the speedy re-enacting of the laws. Hopes they will prove prudent and reasonable though there are some factious people labouring what there can to prevent his good agreement with them. "Rec. 22 June, read 3 July 1677." 1 p. [Col. Papers, Vol. XL., No. 42.]
April 9.
Swanns Point.
173. The Commissioners for Virginia to Mr. Watkins. Send copy of a Commission from Sir William Berkeley to Sir Henry Chicheley to be communicated with their letters to Secretary Coventry, Sir Thomas Chicheley and Alderman Jeffreys, and represented to them as a manifest entrenchment upon the powers and authority immediately derived from His Majesty himself. Upon the conclusion of the Assembly and at their own request the Commissioners sent Wiseman to write their letters of submission to His Majesty, and of thanks to his Royal Highness and Lord Arlington, but these will be altered by Governor Berkeley and the Council as too submissive. The occasion of this is in behalf of Captain John Consett, the bearer, who, with a few other masters of ships here, has been a most eminent and signal sufferer, and with his own hand slew Groves, one of the chief of the rebels. In a postscript by Colonel Moryson, he is desired to confer with Alderman Jeffreys and sometimes to dine with him, but above all, for Jesus Christ's sake, to endeavour his return home, "for this country will make us all fools and shortly bring us to Cuddy Cuddy!" Sends two red birds for the Lady Duchess of Eston, Lord Arlington's daughter. Begs he will assist the applications of all suffering persons in the late rebellion. 5 pp. [Col. Entry Bk., Vol. LXXXI., pp. 188–192.]
April 9–27.174. Journal of the Assembly of Jamaica. Present: See list of Members, ante No. 102. The oaths administered in Council to all the Assembly except Clem. Richardson and Augustin Gavell who were sick. William Beeston elected Speaker. Samuel Long Clerk of the Assembly, sworn in Council; the oath; rules to be observed as conducing to a regular proceeding in their business Voted that Acts consented to by the Council be engrossed in a large book in the House. Minutes of the House to be entered in a book apart. Committee to inquire what is the custom in England in the lodging of Acts and concerning Grand Committees or anything else necessary for the House to know. Forty-five original Acts of the last Assembly brought to the House by the Clerk of the Council. The House to send for the original returns or transcripts of the members chosen. Thanks to Mr. Howser for his sermon; to be desired to say prayers in the House every morning between six and seven o'clock, who answered that he would give his attendance at that time. Every member not attending prayers to be fined 15d. The House not satisfied with list of names of Assembly men returned by the Council, they desired to see the original writs with the attestations or transcript attested, Committees to acquaint the Governor, answered that the Clerk in Council would attend with the original writs to compare with the lists already sent. Debate on several Acts.
April 11.Proceedings on various Acts. About enlarging the bounds of St. David and St. Katherine parishes. Petition of Orgueil for satisfaction for some negroes executed for rebellion, read. The Governor's query to be answered presently. Debate on various Acts. Voted that Peru money should not be made equal with Pillar and that interest of money should stand at 15 per cent as before.
April 12.Report of Committee where by law the original Acts of Assembly ought to be lodged, and what is the custom of the Parliament of England concerning Grand Committees. Resolved that so much as concerns the Grand Committee in above report shall be established as a certain rule in this House for the government of Grand Committees for the future. Voted that Acts passed twice be sent to the Council. Titles of Acts ordered to be drawn up by the Committees named.
April 18–19.Debate on amendments proposed to various Acts. Voted that four or more surveyors of highways be chosen in each parish at the discretion of the Justices and Vestry. Four Acts returned by the Governor because it was repugnant to the custom of the Parliament of England for him to receive them until they were thrice passed by the House; but after debate they unanimously stood to their former vote and think not fit to recede from it.
April 20.Debate on amendments to several Acts. Message from the Council to desire a free conference with the Assembly. Lassels Act and Bonham's Point Act thrown out. On considering how the conference should be managed, resolved that the Speaker only discourse the sense of the House, and speak to no other matter but the Acts being sent to the Council when twice read. Upon the free conference and better information from the Governor that it was an unparliamentary way to send up the Acts when twice read, voted that Acts be passed three times before being sent to the Council. Proceedings on several Acts. Committee to examine the Acts fairly transcribed and set their hands to the copies to be kept in the House.
April 24–25.Voted that after every adjournment the House be called over and the absent fined 15d. Debate upon various Acts and on amendments to those sent back from the Council.
April 27.Petition of Mr. Hill praying to be empowered by an Act to sell part of the real estate of Captain Nicholas Hicks to satisfy his debts referred to a Committee for their report. [Col. Entry Bk., Vol. XXXVII., pp. 154–163.]
April 10.175. Lords Proprietors of Carolina to the Governor and Council at Ashley River. After such large expressions of their gratitude and joyful acceptance of their Lordships' proposals to remit all debts owing to them in Carolina, provided Colonel West was paid what was due to him by the Lords Proprietors, and other debts, if any, they themselves had contracted in Carolina and drawn on their Lordships, concluded they should no more be importuned about them or Colonel West's salary, notwithstanding bills are drawn upon their Lordships by Colonel West which they are willing to impute to any other cause than wilful neglect. Forasmuch as the debt owing to Colonel West is in money and the means they have to pay is in goods, differences have arisen about the valuation and other methods in payments. That disputes may be avoided and Colonel West speedily paid, offer "the way following as most equal." The account owing to Colonel West is enclosed. Supplies of all sorts and at moderate rates you would not want if you would make a rational proposal how they should be paid for, or would be but so industrious as to plant tobacco or any other thing to draw a trade to you until we can furnish you with more profitable plants. Understand that the Indians have made complaints that some of our people encroach upon them. Hope you adjusted that business to their satisfaction. Are also informed that some of them have injured in their persons (sic), and that one had his fish taken from him and was afterwards killed by the same person who took it. If it be not already done, pray come to an agreement with the Indians to their satisfaction about their bounds, and let none of our people encroach upon them for the future, and let strict inquiry be made about the death of the Indian and the person who did it punished according to law, that we may demonstrate to them that we do not approve that any should oppress or injure them, without which you cannot expect long to continue in peace or draw them to be so satisfied with our department as to unite with or be useful to us. Are pleased to hear you have arrived to such plenty of provisions, and doubt not but it will draw people to increase your strength to which we shall also contribute our endeavours. Concerning the debts due to Colonel West and from others. Expect the charge of Colonel West's salary in future to be equally borne by all the inhabitants of the Colony, and as in new colonies estates are not to be measured by land but stock; hint the way most suitable to that purpose, an annual poll tax on persons and cattle, horses and hogs. Shall be well pleased if the Governor be paid his salary "for we pretend not to raise money on you without your own consent in parliament." Pray be diligent to exercise your men in arms, that if attacked the Indiams may have opinion you know how to defend yourselves and repay injuries, Whatever tax they lay the Governor cannot have less than 100l. a year. Suggestions for raising that amount which a single tax will not raise, as customs on liquors imported, but we will never consent to lay any charge on goods exported. Have a design to employ an able person for discovering and sounding roads, rivers, &c., and how far navigable for, considerable persons are now addressing us for accommodation with you, and are buying in several places in the world plants and seeds proper for the country, and looking for persons skilled in planting and producing vines, mulberry trees, rice, oils, and wines. This we are sure is the way of bestowing our money the most to our own and the place's advantage. Enclose,
175. i. Dr. and Cr. account with Colonel Joseph West, showing due to him for five years' salary at 60l. per annum, from August 1669 to August 1674, and two years and seven months salary at 100l. per annum, from August 1674 to March 1677; total balance due to him, deducting receipts, 415l. 9s. 7d. [Col. Entry Bk., Vol. XX., pp. 125–129.]
April 10.176. Lords Proprietors to the Governor, Council, and other inhabitants of our Province of Carolina. Whereas the country of the Westoes and Cussatoes, two powerful and warlike nations, have been discovered by the industry and hazard of Lt. Henry Woodward, at the charge of the Earl of Shaftesbury, and a strict peace made between them and our people in Carolina, their Lordships have thought fit for the preservation of said peace, and considering that if a general trade be allowed to those nations, and our people before our strength and numbers are increased, that our weakness may be discovered, and injuries, provocations, and quarrels may arise, strictly to command that no person under our government presume to have trade or correspondence with the Westoes, Cussatoes, Spaniards, or other Indians that live beyond Port Royal, or at the same distance from our present settlement that the Westoes and Cussatoes now inhabit, without license under the hand and seal of Lord Shaftesbury, and one or more of the Lords Proprietors, this order to continue in force for seven years only. Meanwhile no man hath reason to complain that he has not been left free to trade to the northward as far as Port Royal with those nations that lie near, or within convenient distance of them with whom they may without danger intermix and maintain a commerce. Such as presume to break these orders will be prosecuted and severely punished. [Col. Entry Bk., Vol. XX., pp. 120, 121.]
April 10.177. Articles of Agreement between the Lords Proprietors of Carolina concerning the trade there. Whereas it is necessary for the safety of those people under our government upon Ashley and Cooper Rivers and thereabouts to take into their Lordships' hands for seven years the whole trade with the Westoes, Cussatoes, and other nations that live at a great distance from said rivers, so they may be supplied with commodities according to agreement. It is therefore mutually agreed that those who set their hands and seals to this Agreement on or before 24th June next, shall pay to Mr. Saxby, our Secretary and Treasurer, 100l. each, to whom the profits of such trade shall lawfully accrue; Dr. Henry Woodward to have the fifth part of the clear profit according to agreement. [Col. Entry Bk., Vol. XX., p. 124.]
April 10.178. Lord Shaftesbury to the Governor and Council of Ashley River. Desires them to let Robert Smith take up a plantation of 600 acres, and Dr. Henry Woodward 2,000 acres, in some convenient place where they shall desire, and his Lordship will undertake for them that the Doctor shall bring over twenty persons and Robert Smith six within five years. [Col. Entry Bk., Vol. XX., p. 123.]
April 10.179. Appointment by Henry Earl of Clarendon of Richard Conant to be his deputy of Ashley River during pleasure. [Col. Entry Bk., Vol. XX., p. 123.]
April 10.180. Appointment by Anthony Earl of Shaftesbury of Henry Woodward to be his deputy of Ashley River during pleasure. [Col. Entry Bk., Vol. XX., p. 123.]
April 13.
Swanns Point.
181. The Commissioners for Virginia to Secretary Coventry. Have dispatched the ketch for England without the account of the Assembly's proceedings. Sir William Berkeley intends to embark for England the 20th; instant in the Rebecca, Captain Larrimore, and carries home his own answer to the articles of inquiry and their interlocutory heads to which Berkeley has long promised an answer, but now refuses to give them any at all; he has done all he can to persuade the people he shall certainly return Governor again a few months hence. He has kept such a brow upon his Council and the Assembly that whatever he approves or dislikes, proposes or persuades, is only done, so the Commissioners cannot inform themselves of the state of the Militia, the public accounts, &c. His system of degrading and preferring officers after his own dislike or favour; instances the advancing one Hill to the chair of President of Charles City County, and to be an officer in the Militia, a most notorious coward and insolent turbulent fellow. Berkeley's proceedings in reference to the two patents "prejudicial to this country" which his Royal Highness assured them should be called in and vacated without any charge to the country. 6 pp. [Col. Entry Bk., Vol. LXXXI., pp. 193–198.]
April 13.
James City, Virginia.
182. William Sherwood to Secretary Sir Joseph Williamson. Account of Governor Berkeley's persecution since the writer's return from England, when he said before Colonel Parkes the general cry of the country was against the Governor and that the country would not be quiet so long as he continued Governor and Ludwell Secretary. Describes the people's grievance against Governor Berkeley and their over joy at his going hence. Begs the Governor may not have the writer's letters, for he is most malicious against him. The worthlessness of the large testimony of the Assembly to the prudence of Berkeley's government, "they could not avoid giving him such a testimony that the country might be rid of him." 2 pp. [Col. Papers, Vol. XL., No. 43.]
April 13.
Swanns Point, James River.
183. Colonel Herbert Jeffreys, Sir John Berry, and Colonel Francis Moryson to Secretary Sir Joseph Williamson. The Grand Assembly lately risen from whom the Commissioners were promised and expected an ample account of their proceedings, but they have returned home without transferring to us that satisfaction. Can only at present refer him to Mr. Watkins. 1 p. [Col. Papers, Vol. XL., No. 44, and Col. Entry Bk., Vol. LXXXI., pp. 199, 200.]
April 14.
Swanns Point.
184. Colonel Francis Moryson to Lord Culpeper. In reference to the patents which Moryson confesses himself somewhat surprised to find his Lordship was now setting on foot again, the Commissioners having told the country that the Duke of York was pleased to promise the calling in, and vacating those grants that were so prejudicial to this country without any charge to them. 3 pp. [Col. Entry Bk., Vol. LXXXI., pp. 201–204.]
April 14.185. The Commissioners for Virginia to Mr. Watkins. To confer with Captain Middleton who has had a general knowledge of occurrences here upon the place, more particularly in the business of the patents, for it was he who very fortunately and prudently discovered to them Lord Culpeper's design of setting the same on foot again after his Royal Highness' commands and his own professions to the contrary. 3 pp. [Col. Entry Bk., Vol. LXXXI., pp. 205–207.]
April 14.186. Phillip Ludwell to Secretary Sir Joseph Williamson. Meeting of the Assembly for the re-settlement of the country after the mad rebellion. Sir William Berkeley is with all speed preparing to lay at His Majesty's feet an account of what has passed in the Colony "which indeed has been of that intricate unreasonable texture that I think it a task too hard for me to state in all its circumstances." Is of opinion that the ground of this rebellion has not proceeded from any real fault in the Government, but rather from the lewd disposition of some persons of desperate fortunes. Describes the miseries caused by the rebels which he considers can alone be the real grievances of the country. Duplicate of this letter is addressed to the Secretary Sir Henry Coventry. Endorsed, "Recd from Mr Cooke 17 July 77." 3pp. [Col. Papers, Vol. XL., Nos. 45, 46; also Col. Entry Bk., Vol. LXXX., pp. 152–155.]
April 17/27.
Barbadoes.
187. Governor Sir Jonathan Atkins to Lords of Trade and Plantations. Received their letter of 21st December last (see previous Vol. No. 1190) on the 12th instant. "There is no person ever served His Majesty with more zeal and circumspection with less ends of his own than I have done." This may be seen by the posture he has put this place in both in Church and State, and hasnever heard of any complaint, either to His Majesty or their Lordships. Cannot discover what unlucky star reigns over him in America, but his aim is to recover their Lordships' good opinion. Called an assembly on his arrival. Recapitulates the contents of his letter of 22nd January last to Secretary Sir Joseph Williamson (see ante, No. 11) and gives his reasons why he thought it his duty rather than otherwise to agree to the Assembly's address to the King, "not willing to resist utterly their desires lest it should make them more earnest, and by shocking with them at my first coming, might render me incapable of doing the service I had done and hope to do. This made me accompany their petition with a letter to Mr. Secretary Coventry for there was no Council of Plantations or Committee of Lords that we heard of." Explains his conduct in reference to the supply of negroes; if the Guinea Company pursue the way they are in they must needs break the interloper and quietly enjoy the trade to themselves with satisfaction to every one, "for I have made them a plain path to walk in by letting the people see 'its their interest to buy of the Guinea Company for so they are sure always to be supplied." Reasons why all the diligence in the world cannot prevent the landing of negroes in the night. Shall put in execution His Majesty's last commands, being a strengthening authority neither expressed in his commission nor instructions, though 'tis a hard task put upon Governors to square themselves in exigencies of this nature. If he disobeys his master he lies justly under his displeasure, the people say he acts contrary to his commission and instructions, "thus is the poor Governor exposed to complaints on both sides, I have but this choice to obey the first and to qualify as well as I can the last, and so take my fortune." Bewails his misfortune in having taken a journey of 4,000 miles leaving his own interests and friends at his great charge and fall under so great misconstructions. Conceives he fully answered their Lordships' queries, but will do his best to enlighten them on what seems dark. Cannot yet find a way to give satisfaction as to goods imported, exported, and consumed in the land, for the reasons given. As to the estates of the merchants and factors, and the substance and wealth of the island, they lie under the same uncertainty. The number of "Sectaries" are too many; the Anabaptists are much broken and have no public meeting-house; the Quakers daily increase in number, subtlety, and perverseness, and are grown insolent from hopes of indulgence from England, sometimes four or five hundred at a meeting, twenty of them of some estate. There are ten churches all supplied with ministers, most in orders, but all conform to the Church of England; many churches blown down by the hurricane much better rebuilt, their maintenance is by exhibition paid out of the parish stock which by law is assessed by the vestry every Easter and levyed by warrant from the Governor. The parsons and poor are provided for, the former commonly towards 100l. sterling a year, some more as esteemed by their parishioners, the poor so well that not one will be seen asking alms. Is troubled he could not send the laws sooner, they are very numerous, will use all expedition possible. Will their Lordships explain what they mean by the word journal, for if it be the daily passages of this place for three years since his arrival, 1,000l. a year will not maintain secretaries to do it. Explains why he could not give as early an account of Mr. Warner as their Lordships had from the Leeward Isles, "there is scarce an order made at your own Board that comes not from the Exchange here sometimes two or three months before your orders come to me." Read 15th June 1677. 5 pp. [Col. Papers, Vol. XL., No. 47; also Col. Entry Bks., Vol. VI., pp. 164–173, and Vol. CV., p. 63.]
April 21.188. Colonel Francis Moryson to Governor Berkeley. The Commissioners intend waiting upon him to-morrow to take their farewell leave of him before he goes hence. In reference to the two Patents they have so laboured to overthrow and the resolution of the House of Burgesses to a letter of thanks which he bears has been superseded by another letter, wherein the matter of thanks is omitted. Prays him to remember that he has twice himself superseded these patents and the charge it has been to this poor country, and now it may be had at so easy a price as thanks, and that Berkeley only is the obstructor of this good and royal Act, "especially when so near relations as yours and your lady's are concerned." Shall expect his answer which with this letter he shall send to the Duke of York. 4 pp. [Col. Entry Bk., Vol. LXXXI., pp. 208–211.]
April 23.189. The Commissioners for Virginia to Governor Sir William Berkeley. Think they deserved better than to be turned off by his coach and the common hangman postillion which is an affront not only against their Commission but themselves as gentlemen. Are resolved to make His Majesty a judge of this high indignity which they believe he well knew and was purposely sent for as a retainer to perform the ceremonies of yesterday. 1 p. [Col. Papers, Vol. XL., No. 48; also Col. Entry Bk., Vol. LXXXI., pp. 212, 213.]
April 23.
(Virginia.)
190. Governor Sir William Berkeley to (the Commissioners for Virginia). Of this particular of the postillion he is as innocent as the blessed angels themselves. But though God suffers him to be accused, he has in His mercy left him a great exemplar to comfort him, for He suffered His only glorious Son to be accused of what he was not guilty of, and our late blessed King Charles the First was brought to his death by accusations he was not in the least manner guilty of. They cannot be so angry at this last misfortune as he is sorry for it. Never saw the follow's face but once before. Has sent the negro to be racked, tortured, or whipt, till he confess how this dire misfortune happened and hopes this will give them satisfaction. 1 p. [Col. Papers, Vol. XL., No. 49; also Col. Entry Bk., Vol. LXXXI., pp. 214, 215.]
April 23.191. Lady II. Berkeley to the Commissioners for Virginia. Explains that neither Sir William Berkeley nor herself have the least thought or knowledge who was their postillion, and protests in the presence of Almighty God that the Governor gave no order for the coach. Has sent her coachman to be examined to whom the writer gave her orders. Must say the Governor is dealt more severely with than ever man of his quality and character has been in the world, to think he could be guilty of putting so vile an affront upon any person that has His Majesty's stamp and character to secure them respect from any man but a Bacon. 2 pp. [Col. Papers, Vol. XL., No. 50; also Col. Entry Bk., Vol. 81, p. 217.]
April 23.192. Memorandum in the handwriting of Secretary Sir Joseph Williamson. Ships lately arrived from Virginia bring news that last summer and autumn proved extraordinary hot and the winter as violently cold, and that a great distemper has from thence arisen amongst the inhabitants which has taken away many. Lord Berkeley arrived at Chester on the 18th; his reception due to a person of his merits and employments. Attempt of the apprentices on the New Exchange to keep this, St. George's Day, a holiday. 1 p. [Col. Papers, Vol. XL., No. 51.]
April 25.193. Governor Berkeley to Colonel Moryson. Gives hearty thanks for the tobacco and waters. Is so distracted with this last dire misfortune that he scarce knows what he does or says though he is innocent. Has sent the negro, and desires he may be examined to the quick. 1 p. [Col. Papers, Vol. XL., No. 52; also Col. Entry Bk. Vol. LXXXI., pp. 216, 217.]
April 25.194. Colonel Francis Moryson to Governor Berkeley. Has so much charity of his own as to believe his high and solemn protests and that it was no more possible the Governor should intend than ever His Majesty's Commissioners should deserve so great an indignity. Intreats him to take Moryson's last letter into his second thoughts, seriously to consider its weighty contents, otherwise he must be feign to write home on purpose to his Royal Highness whom it so highly concerns as well as himself, "therefore, good Sir, take once more my former letter in your hands and think it worthy of a full and particular reply." Hopes the waters he sent will give Berkeley great relief. 3 pp. [Col. Entry Bk., No. 81, pp. 218–220.]
April 26.
Whitehall.
195. Journal of the Lords of Trade and Plantations. It being represented that the laws of Jamaica transmitted by Lord Vaughan have been for a long time lying before their Lordships for their approbation and report to His Majesty, and that the term of two years for which they are to continue in force is shortly expiring, ordered that my Lord Chancellor and Lord Treasurer be desired to assist at the Committee as they shall think to appoint, when their Lordships will take a review of all those laws and the minutes taken upon the reading of them, in order to present them to His Majesty with such amendments, additions, and defalcations as shall be agreed on and to receive His Majesty's pleasure thereon.
Three letters presented from John Downing, an inhabitant of Newfoundland, by his correspondents at Dartmouth, concerning the detaining by the Mayor and others there of the St. John's Merchant, nominated by an Order in Council to carry orders to the masters of ships fishing in the harbours of Newfoundland. Resolved to consider this matter when they next meet in relation to the fishery and plantation of Newfoundland, and John Downing, on behalf of the planters and those concerned for the West Country Adventurers, promise to give their attendance.
Ordered, that the Attorney-General perfect the Commissions for empowering persons in the Plantations to take the oaths of Governors prescribed by the Acts of Parliament for His Majesty's approbation.
Sir Robert Southwell presented an account of Barbadoes and the Government, containing a general deduction of the most remarkable occurrences from the first discovery to this time, with a description of the country, government, &c., which is read and approved, and ordered to be entered at the head of the new book of entries (Col. Entry Bk., Vol. VI.) which is preparing for Barbadoes (see previous Volume of Calendar, No. 812).
Resolved to take into consideration at an early opportunity the present state of the Leeward Isles in order to represent to His Majesty the present need of supplies to be sent thither.
Ordered that letters be written to the Commissioners in Virginia by the first ships to hasten an answer to the circular letter and heads of inquiry sent formerly to Sir William Berkeley as desired by their Lordship's letter of 28th September last, and delivered to Sir John Berry on 16th October, which was done by a duplicate. Sir Robert Southwell gives account of the miscarriage of the despatches sent to Sir William Berkeley on 14th April 1676 by the death of the mate of the ship who undertook to deliver them. Their Lordships take notice no laws ought to be enacted in the Plantations concerning His Majesty's revenue without his particular knowledge and orders. It is further observed that Lord Vaughan in transmitting the laws of Jamaica had not sent the law concerning the revenue. [Col. Entry Bk., Vol. 105, pp. 22–26.]
April 27.
Swanns Point, Virginia.
196. Declaration of Colonel Herbert Jeffreys, Governor of Virginia. That upon Sir William Berkeley's representation of his great age and bodily weakness, and his earnest desire to retire, His Majesty, by letters patent of 11th November last, recalled Sir William Berkeley home, who is now gone on his way, and appointed Jeffreys Governor in his stead. Calls upon the inhabitants of Virginia to respect and pay obedience to his title and authority, promising to take effectual means for the propogation of the Gospel and the due observance of the Lord's Day, and sets forth the reasons of his not having sooner assumed the Government, and that he will make war and extirpate their Indian enemies. Certified copy by Samuel Wiseman. 3 pp. [Col. Papers, Vol. XL., No. 53; also Col. Entry Bk., Vol. LXXX., pp. 145–149.]
April 28
Whiehall.
197. Secretary Sir Joseph Williamson to Sir Jonathan Atkins, Governor of Barbadoes. Takes the occasion that Mr. Chaplain now offers of paying him his compliments in acknowledgment of several of his letters, and to assure him of the continuance of his hearty service and esteem. Will not repeat what he has discoursed to some of Governor Atkin's friends with relation to the station he holds in the King's service, as Williamson supposes he has been made acquainted with everything of moment. [Col. Entry Bk., Vol. XCIII., p. 151.]
April 28.198. Governor Berkeley to Colonel Jeffreys. Thinks his irresistible desire to rule the country has precipitated him on that undertaking which can neither be justified by his Commission nor Berkeley's. Points out the mis-statements in his Declaration, and believes the inhabitants will quickly find a difference between Jeffrey's management and his own, and sooner if Colonel Moryson be removed, who besides other advantages knows the laws, customs, and nature of the people, "with all which you are as yet utterly unacquainted." Copy for perusal of Sir Joseph Williamson. Received 7th June 1677. 2 pp. [Col. Papers, Vol. XL., No. 54.]
April 28.199. Caveat that no grant pass concerning the estate of William Drummond of James River in Virginia, the same being forfeited to His Majesty. [Dom. Entry Bk., Charles II., Vol. XLV., p. 38.]
April 30.200. Journal of Lords of Trade and Plantations, Sir Thomas Lynch and Captain Molesworth attending. The laws of Jamaica taken into consideration. Their Lordships having read an Act for the better maintenance of the Ministry, ordered the words not under to be left out, but at present agree to continue them for the greater encouragement of the Ministry (sic.) And whereas in the Act for confirming divers Orders of Council their Lordships had thought fit to limit the power of the Governor to fine any person who shall refuse to execute the offices of judges, justices, or other civil or military employments to military offices only, it is now agreed that the law do stand as it is enacted, but that the fine be limited to one hundred pounds and no more. Their Lordships having likewise directed that where it is enacted that slaves carrying fire near canepieces shall be punished at the discretion of the Magistrate, the punishment do not extend to life, are now of opinion that the word member be likewise added. Upon the whole matter their Lordships think fit to refer the whole body of these laws unto Mr. Attorney-General, with the observations made by the Committee thereupon, for his perusal and opinion how far they are fit to be allowed by His Majesty. And it is more particularly recommended to Mr. Attorney to consider of the Act declaring the laws of England in force in Jamaica, how far it is necessary and useful to the Island, how far consistent with the King's right of dominion, and what qualifications are proper thereunto. Likewise to desire Mr. Attorney to prepare a Bill (like Poynings Law in Ireland) directing the manner of enacting, transmitting, and amending these laws by His Majesty here in England. Search to be made in Sir Thomas Modyford's instructions and elsewhere, what evidence can be produced that the quit rents are disposed of by His Majesty to the public use of the Island. Their Lordships think fit that all fines and penalties be applied to the King, and that His Majesty do instruct his Governor to what use they are to be appropriated. [Col. Entry Bk., Vol. CV., pp. 26–28.]
April 30.201. Mem. by Secretary Sir Joseph Williamson relating to the Laws of Jamaica. Penalties reserved to the King to be for the public use, how far fit to be allowed in respect of the King's prerogative. Gentlemen of the Assembly, the style of the Commission is the Assembly. They insist the King should wholly pass or reject laws, but not have power to make any amendments. Remarks as to the law enacting all the laws of England. 1 p. [Col. Papers, Vol. XL., No. 55.]
April 30.
St. Maries, Maryland.
202. Governor Notley's Commission to Colonel Henry Coursey, one of the Council of Maryland, to conclude a firm peace with the Susquehannahs, Cinnigos (Senecas), or any other Indians now unknown to us, inhabiting to the northward within or without the territory of the Duke of York, also to treat with Governor Andros, request leave to pass through his territory, and his assistance in procuring peace for His Majesty's subjects in Virginia as well as in Maryland. 2 pp. Annexed,
202. i. Governor Notley's Instructions to Colonel Henry Coursey for a treaty with the Susquehannahs, Cinnigos (Senecas), and other Indians. 1677, April 30. 2 pp.
202. ii. Colonel Henry Coursey to Governor Notley. Wrote to him on the 19th instant. Next day came Jacob Young from Maryland, whose account is that eight Susquehannahs killed Richard Mitton's family and immediately fled to the Senecas, and all the mischief has been done by them as they come out of Virginia. The two were shot by the Susquehannahs who came with the Senecas. The same troop took thirty of the chief warriors in the Susquehannah river who had been hunting to make a present to Governor Notley for peace. Old Colleit himself was coming, but was persuaded to desist for want of a present, but has now sent for him. Purposes persuading the 26 with him to go with him to New York, it being Governor Andros' orders to Captain Collier to send them, and judges it best to knit the peace joint'y with these two governments, not leaving Virginia out, and is advised to include the Piscataways, which by their own expressions he thinks will prove the hardest part of his task. Finds by the interpreter that Captain Collier has been an evil instrument to our Province, for the Senecas offered to include Maryland, and he reported that Maryland would make war or peace at their own pleasure, which incensed Governor Andros. Finds a necessity to carry Jacob Young with him, without whom he can do nothing. He says the Senecas after ten days' march fell out about dividing the Susquehannahs they had with them, and some got away. The rest were bound, but not to hurt them, for Governor Andros strives to get them to the Masoques (? Maquas), for Captain Delavall said if they had them they would make war with the French. On 23rd came four Susquehannahs, and with them the Emperor of the Delaware Bay Indians. Finds them all inclining to peace. Two of their chief men have promised to follow him to New York, and they will endeavour to prevent the Senecas doing any mischief. Hopes he shall keep all in safety in Maryland. Major Wells must be very watchful at that side of the Bay. Has given them and the Emperor of Delaware presents, as it is the custom when you send to speak with any Indians. Told the Emperor the peace shall be drawn into writing, with which he is well 'pleased. Is now ready to take horse for New York. Sends a man with this letter, and to bring an answer and to what he wrote about Mr. Rousby. Delaware river, 1677, May 22. 3 pp.
202. iii. Governor Notley to Colonel Henry Coursey. Answer to the preceding. Is heartily glad he has made so great a discovery in so short a time as to the state of the Indians, especially the Susquehannahs, and approves of their following him to New York. In cases where he has no positive instructions, leaves it to his own discretion. Is glad Jacob Young goes with him. What he does in relation to the Piscataway Indians must and shall be affirmed. Will give Major Wells strict orders about what he mentions. Is sorry to hear of Captain Collier's ill offices, pray labour to undeceive Governor Andros. Much approves of all his proceedings so far, and doubts not he will manage the rest to the great satisfaction of this government, the content of the people here, and honour of himself. If he thinks it necessary for the Susquehannahs to live in Maryland, let him endeavour so to order it, but to make a thorough conclusion with all Indians. Depends upon his judgment and discretion, but if any difficulty arises to write with all expedition. Not to forget to include Virginia by name in all articles with the Indians. 1677, June 2. 1 p.
202. iv. Propositions made by Colonel Henry Coursey from the Lord Proprietor of Maryland and all the Christians there inhabiting, as also from the Christians of Virginia, to the Seneca Indians (to be made use of at the Congress, 15th July 1677). 3 pp.
202. v. Propositions made to the Maques and Seneca Indians by Colonel Henry Coursey on behalf of Charles, Lord Baltimore, Lord Proprietor of Maryland, for all His Majesty's subjects in Virginia and Maryland.
Answer of the Onondagas and answer of the Oneydas to Colonel Henry Coursey's Propositions of 20th July 1677.
Answer of the Maques to Colonel Coursey's Propositions in the Court House of Albany, 6th Aug. 1677.
Answers of the Sinnondowannes and Cajonges to Colonel Coursey's Propositions in the Court House of Albany, 22nd Aug. 1677. Endorsed, "Rec. from my Lord Baltimore, 15 April 1678." 7 pp.
202. vi. Proclamation of Thomas Notley, Governor of Maryland, of a peace concluded at Fort Albany, New York, by Colonel Henry Coursey, between Maryland and Virginia and the Sinnondowannes, Cajonges, Onondagas, Oneydas, Maques, and Mattawass, or Delaware Indians. St. Maries, 1677, Oct. 5. 1 p. Attested copy by John Lelwellin, Clerk of the Council. Together. 7 papers. [Col. Papers, Vol. XL., Nos. 56, 56 i.–vi.]
April.203. Memorial of the Comte de Bergeyck, the Spanish Envoy. Touching a Spanish ship, the Buen Jesus de las Almas, with 46, 471 pieces of eight, seized by Captain Bennet near San Domingo, and other hostilities committed by him on the coast of Hispaniola. With reference from Secretary Coventry to the Lords of Trade and Plantations to examine the matter and report their opinion to His Majesty. 1677, April 10. English translation. Also Minute of Lords of Trade and Plantations. Sir Thomas Lynch to have a copy of this Memorial and return account how far he is acquainted with this fact. A letter was accordingly sent to Sir Thomas Lynch with copy of this Memorial. Whitehall. 1677, April 30. Annexed,
203. i. Sir Philip Lloyd to Sir Thomas Lynch. Sends the above Memorial about a piracy committed in the West Indies by Bennet an Englishman, upon which the Lords of Trade and Plantations desire him to report what he knows about the matter of fact.
203. ii. Sir Thomas Lynch to Sir Philip Lloyd. Encloses a narrative of what he knows of Bennet and the brigantine that took the Spanish prize. Dares not presume to direct what should be answered to the Memorial, though the matter be obvious enough, for the brigantine was run away with, and the Governor of Jamaica was at great charge in endeavouring to retrieve her. Neither she, her men, nor any English that had French commissions, ever came into any port in Jamaica which the Governor knew of. The vessel was in the French Governor's power. Bennet had Frenchmen on board, French commission, fought under French colours, had the prize condemned and adjudged in French ports. Does not see how His Majesty's Government can be charged with the misdemeanours of particular persons, that they would punish if they had the power, or why the Spanish Minister here complains, since the King has subjects that serve them as well as the French. Leicester Fields, 1677, May 3.
203. iii. The Narrative above referred to, endorsed "Rec. from Sir T. Lynch concerning Bennet, a Privateer." 1677, May 3. [Col. Papers, Vol. XL., Nos. 57, 57 I.–III., and Col. Entry Bk., Vol. CV., p. 28.]
April.204. Petition of Thomas Winford, gentleman to the King. That petitioner's brother William, merchant, fourth son of Sir John Winford, and others were taken by the Spaniards in August last from aboard a ship belonging to Jamaica and are now detained prisoners in the Havanna and used in a most barbarous manner. Prays His Majesty to obtain an order from the King of Spain to the Governor of the Havanna for discharging petitioner's brother his servant and all others. With reference from Secretary Coventry to Lords of Trade and Plantations to report what they think fit to be done for petitioner's relief. Whitehall, 1677, April 10. Annexed,
204. i. Report of Lords of Trade and Plantations to the King. That orders be sent to Sir William Godolphin, Ambassador at Madrid, to solicit the release of all the said prisoners and that Lord Vaughan, Governor of Jamaica, receive instructions to make the like demand at the Havanna. Also that the Spanish Envoy residing here he desired to interpose his endeavours to this effect. Draft. 4 pp. [Col. Papers, Vol. XL., Nos. 58, 58 I.; see also Col. Entry Bk., Vol. CV., p. 28.]
Apr.–Aug.205. Charles Bertie to Sir Robert Southwell. My Lord Treasurer desires you will peruse the enclosed, and having fully informed yourself of this matter that you report your opinion to his Lordship. Wallingford House, April 30. Annexed,
205. i. The state of the case touching the ship Virgin of London, 130 tons and her lading, Edmund Cook, Master, taken in 1673 by the Spaniards in the West Indies.
205. ii. Report of Sir Robert Southwell to the Lord Treasurer on the case of the ship Virgin. 1677, May. Draft with corrections. 4 pp.
205. iii. Order of the King in Council. Referring the case of the merchants, owners, and freighters of the ship Virgin to Sir Richard Lloyd, Surrogate to the Judge of the Admiralty, and directing that Secretary Coventry write to Sir William Godolphin, Ambassador in Spain, acquainting him how His Majesty is pressed in this case and has under consideration the granting these letters of reprisal. Whitehall, 1677, July 24. 2 pp.
205. iv. The King to Sir W. Godolphin. To the same effect as the preceding Order in Council. Whitehall, 1677, July 31. 1 p.
205. v. Lord Ambassador Godolphin's Memorial to the King of Spain, demanding satisfaction for, the losses and damages suffered by the owners and freighters of the Virgin and annexing narrative of proceedings in this case. 1677, August 10. Spanish. 8 pp.
205. vi. The English Ambassador's letter and Memorial about the Virgin. "Read, 11 Feb. 1680."
205. vii. Deposition of Matthew Fox in the case of the ship Virgin. 1 p.
205. viii. The case of the merchants concerned in the loss of the ship Virgin as briefly stated and presented to His Majesty by Sir Richard Lloyd and Sir Thomas Exton being authorised so to do by His Majesty's Order in Council of 24th July, 1677. Printed. 3 pp. Together, 9 popers. [Col. Papers, Vol. XL., Nos. 59, 59 i.–viii.]
Apr.–Sept.206. A manuscript volume of "Laws and Statutes made by Lord Vaughan at Jamaica in the 29th year of His Majesty's reign" and transmitted to the Secretary of State and the Lords of Trade and Plantations, with list of contents, viz.:—Eight laws made 9th April 1677, six laws made 20th August, and 12 laws made 6th September 1677. These appear to be the laws which were considered by their Lordships at several meetings in September, October, and November following when they were altered and amended as seen in these copies. The preamble of each law, "Be it enacted by the Governor's Council and Representatives of the Commons of this Island now assembled" is struck out and written over, " Be it enacted by the King's most excellent Majesty by and with the consent of the General Assembly," and there are numerous other alterations and omissions in the text of these laws. 50 pp. [Col. Entry Bk., Vol XLI.]