America and West Indies
November 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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174-186

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'America and West Indies: November 1677', Calendar of State Papers Colonial, America and West Indies, Volume 10: 1677-1680 (1896), pp. 174-186. URL: http://www.british-history.ac.uk/report.aspx?compid=69969 Date accessed: 21 October 2014.


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Contents

November 1677

Nov. 1.
Whitehall.
467. Lords of Trade and Plantations to Colonel William Stapleton. Having on the grounds of his report laid before the King the necessity of sending over six ministers to the Leeward Islands, the Bishop of London was directed to find out persons fitly qualified. Five of them, viz., Messrs. Foster, Jones, Molineux, Davis, and Milward are embarked in the Olive Branch, Captain Giles Lawrence, commander, and the other, Mr. Grief, will follow in a few days in another ship. Recommend them all to his particular favour and respect, and that he dispose the planters and inhabitants to receive them courteously, as they are most likely to do, and from time to time to acquaint the Bishop of London as to the deportment of said persons, and the answering or falling short of those ends for which they are sent over. Mem.—This letter was immediately enclosed to Colonel Edmund Stapleton, the Governor's brother, and sent to his lodgings as he had directed. [Col. Entry Bks., Vol. XLVI., pp. 252, 253, and Vol. CV., p. 143.]
[Nov. 1.]
Whitehall.
468. Petition of Dame Joan Hall, widow and executrix of Colonel Christopher Kaynell, late [Governor] of Antigua, to Lords of Trade and Plantations. Had been in lawful possession of a plantation in that island called Berryes Hope above 14 years, when the French in 1667 invaded it. That she was forced to transport herself and children to Nevis, leaving her whole stock and about three score negroes, which were taken by the French. That on the island being reduced to His Majesty's obedience in May 1668, petitioner returned to Antigua, and had quiet possession of her plantation for some time until William Lord Willoughby assigned it to Colonel Codrington. who has ever since detained the same, but it is now offered for sale. Prays their Lordships to intercede with His Majesty on her behalf that such orders may be given that petitioner and children may be restored to their just rights.
Whereupon their Lordships order that, because no certificate appears to make out the truth of the allegations, Colonel Stapleton, Governor of the Leeward Isles, be written to to inquire into the true state of the case and occasion of this assignment made by Lord Willough by, and return answer with all convenient speed. See 9 Jan. 1678. Colonel Christopher Kaynell was Governor of Antiguai n 1656, see first Volume of this Calendar. [Col. Papers, Vol. XLI., No. 95; and Col. Entry Bks., Vol. XLVI., pp. 256, 257, Vol. CV., and pp. 143, 144.]
[Nov. 2.]469. Petition of Sarah Drummond to the King in Council. That Sir John Berry may be authorized to restore petitioner's goods seized by him in Virginia, which he promises to do if he may be ordered. [Col. Papers, Vol. XLI., No. 96.]
Nov. 2.
Whitehall.
470. Order of the King in Council. On petition of Sarah Drummond authorizing and requiring Sir John Berry to cause the petitioner's plate, clothes, and goods to him seized and remaining unsold, also the product of other goods disposed of, together with the papers and protested Bills of Exchange to be forthwith restored to her. As to the wines and brandy their Lordships will report the state thereof to His Majesty. [Col. Entry Bk., Vol. LXXX., pp. 196, 197.]
Nov. 6.471. Petition of Richard Carver, son and heir of William Carver, late of Lower Norfolk County in Virginia, to the Lords of Trade and Plantations. That the late William Carver, under colour of the late rebellion, was executed by martial law, and all his property seized till His Majesty's pleasure be known. Prays that the Lieutenant-Governor and Council of Virginia have orders to give petitioner as heir assistance in recovering his father's and his own estates. Two Petitions and three depositions on oath. 4 pp. [Col. Papers, Vol. XLI., Nos. 97–101.]
Nov. 6.
Whitehall.
472. Journal of the Lords of Trade and Plantations. That the petition of Richard Carver is received, and John Warner sworn to a paper in his behalf. [Col. Entry Bk., Vol. CV., p. 144.]
Nov. 8.
Whitehall.
473. Journal of the Lords of Trade and Plantations. The depositions of Lucy Bower and Mary Dannel in the case of Richard Carver are taken, and petition of Carver read. Their Lordships of opinion he ought to make a legal proof that he is the true son and heir, after which he may have recourse to His Majesty's grace and favour for the recovery of his estate. Sir John Berry declares William Carver to have been a principal actor in the rebellion, and to have endeavoured the surprizal of Governor Berkeley at Accomack, in which expedition he was taken and soon after executed. After which His Majesty's proclamation of 27th October 1670 is read, also an Act of Indemnity made in Virginia 29th February last, wherein amongst others said Carver is excepted, together with an Act of Attainder of 20th February, in which Carver and others are attainted of high treason, and their estates forfeited to His Majesty. Debate whether same be taken off as was resolved 9th October last to be further considered.
Sir Jonathan Atkins' letter of 13th May last (see ante, No. 241), touching a trade for negroes with the Spaniards, read 17th July last, again read, also the Answer of the Royal African Company to a copy of same, together with a letter to Mr. SolicitorGeneral, and his opinion on the legality of such a trade. After which their Lordships leave the matter unto further consideration. [Col. Entry Bk., Vol. CV., pp. 146–148.]
[Nov. 10.]474. Memorial of the Earl of Carlisle to the Lords of Trade and Plantations of several heads concerning Jamaica, with their Lordships' opinions thereon. To raise money in the King's name for the use of the island. For the better government of the Council, that their names be left out of the Governor's commission, and their election depend upon the Governor as in the time of Sir Thomas Modyford and Sir Thomas Lynch. That proclamation be issued for securing to the inhabitants laws conformable to those in England. The logwood trade to be adjusted. The Governor to grant let passes for 21 years of the Mines Royal, reserving a tenth to the King. And that a Mint be allowed or bullion from Jamaica coined in England with a particular mark. "Read 10 Nov. 1677." [Col. Papers, Vol. XLI., No. 102, and Col. Entry Bks., Vol. XXIX., pp. 158–160, and Vol. CV., pp. 152, 153.]
[Nov. 10.]475. Memorandum by the Bishop of London. That in Jamaica are 15 parishes, six churches, and three ministers. By an Act St. Jago is obliged to give 130l. per annum to support their minister, at Port Royal 200l. per annum, and every parish else in the island 100l. per annum. Proposes, being ordinary of the place, that, in case he sends ministers over, none without his license be received, and that those he sends over with licenses be not rejected without sufficient cause alleged, and that they admit their ministers to be of their vestries. In Blathwayt's hand. To be made part of the Governor's instructions. Endorsed, "Jany 1677. Mem. from my Lord Bishop of London when the Jamaica laws come on. Read and considered at the Committee 10 Nov. 1677."
Journal of Lords of Trade and Plantations. In relation to the law for the maintenance of the ministry, all the particulars in the Bishop of London's Memorandum their Lordships think very necessary to be observed, and are of opinion they ought to make part of the Governor's instructions. [Col. Papers, Vol. XLI., No. 103, and Col. Entry Bks., Vol. XXIX., pp. 157, 158, and Vol. CV., p. 151.]
476. Memorandum. That the Lord Privy Seal is desired by the Lords of Trade and Plantations to represent to His Majesty that, having considered several laws made in Jamaica 6th September 1677, their Lordships do not find any matter of moment not already contained in the laws which are now passing the Great Seal except an Act for confirmation of pious, charitable, and public gifts and grants, which, after some amendment their Lordships offer to His Majesty, may likewise pass under the Great Seal. 1 p. [Col. Papers, Vol. XLI., No. 104.]
Nov. 10.477. Minutes of the Council of Jamaica. Ordered that warrant be issued to the Treasurer for payment of 600l. sterling to the Commissioners for repairing Fort Charles and Fort James, and to Captain Charles Morgan, for what is due for contingencies of said forts, 153l. 13s., and what is due for repairing the King's House and what is due for reducing rebellious negroes, and to Major Yeamans, Provost Marshal, 39l. 2s. for the execution of several persons as per his account, also 80l. each to the said Provost Marshal and to James Barclay, Clerk of the Council, for their attendance in the two last Assemblies, and to Nicholas Scarlet the money due to him according to the Act. Proclamation by the Governor on 25th October of the King's letter of 12th May last (see ante, No. 235) about the purchase of Blacks by the Spaniards. [Col. Entry Bk., Vol. XXXV., pp. 639, 640.]
Nov. 13.
Whitehall.
478. Journal of Lords of Trade and Plantations. Debate whether the law against taking foreign commissions is fit to be laid aside because thereby the privateers would be terrified from coming in. Agreed to send the following question to King's Counsel; Whether the King having made a treaty with any foreign Prince agreeing to punish such as by colour of commissions from enemies to his allies shall take arms against the King's peace and treaty proclaimed and spoil the King's allies be not levying war against the King and punishable by death, Or what crime it is and how punishable. [Col. Entry Bk., Vol. CV., p. 154.]
Nov. 14.
Whitehall.
479. Order of the King in Council. That Thomas Earl of Danby, Lord High Treasurer, give directions for speedy payment of 3,672l. 5s. 4d. to George Wharton, Treasurer of the Ordnance, on account for furnishing and transportation of ordnance, arms, ammunition, and other stores and provisions of war for the re-supply of Jamaica, to complete those sent with Governor Lord Vaughan, 16th November 1674. Annexed,
479. i. Estimate of the charge of the above, signed by Jonas Moore and Edw. Sherburne, Office of the Ordance, 1677, November 6th. "Rec. and Read in Council 13 Nov. 1677." 2 pp. [Col. Entry Bk., Vol. XXIX., pp. 165–168; also Col. Papers, Vol. XLI., No. 105.]
Nov. 16.
Whitehall.
480. Order of the King in Council. Approving report of Lords of Trade and Plantations of the present state and government of Jamaica, and particularly such matters as they judge necessary to be recommended to the Earl of Carlisle, Governor of said island. As to the power and manner of enacting laws for the civil, military, and ecclesiastical Government that Lord Vaughan was empowered with advice of Council to summon assemblies to make laws to be in force two years unless His Majesty signified his pleasure to the contrary. Their Lordships observe that the effects produced by this authority receive daily increase by the resolutions of the Assembly which are less agreeable to His Majesty's intentions, and offer their opinion that the laws transmitted by Lord Vaughan may be entrusted to the Earl of Carlisle to offer to the next Assembly that they may be consented to as laws originally coming from your Majesty. And that in future no legislative Assembly be called without His Majesty's special directions, the Governor upon emergencies to acquaint His Majesty by letter with the necessity of calling such an Assembly, and pray for consent to their meeting and present at same time the Acts he thinks necessary. That the same method be made use of in legislative matters in Jamaica as in Ireland according to the form prescribed in Poyning's law, and that the present style of enacting laws By the Governor, Council, and Representatives be converted to, By the King's most excellent Majesty by and with the consent of the General Assembly. That no escheats, fines, forfeitures, or penalties be applied to the public use of the island but for support of the government. The style of laws for levying money and raising a public revenue should be altered as recommended. That no minister be received in Jamaica without the Bishop of London's license, and no such license to be rejected without sufficient cause alleged and ministers to be admitted to their respective vestries. The Council to be named in the Governor's instructions and not in his commission, with power to suspend any Member without advice or consent of Council, and none suspended to be received into the General Assembly. That a mint be allowed in Jamaica, or that bullion brought from thence be coined in England, all such coins to bear His Majesty's superscription and not to be imposed in payment elsewhere. And ordering that Secretary Coventry prepare a commission and instructions for His Majesty's signature according to the tenor of this report. [Col. Entry Bk., Vol. XXIX., pp. 160–165.]
Nov. 16.
Whitehall.
481. Order of the King in Council. That the Lords of Trade and Plantations prepare the Draft of a Law for establishing a perpetual revenue in Jamaica for support of the government there agreeable to that transmitted from the island for His Majesty's approbation about two years ago. "Read 20 Nov. 1677." [Col. Papers, Vol. XLI., No. 106, and Col. Entry Bk., Vol. XXIX., pp. 168, 169.]
[Nov. 16.]482. Petition of Abraham Langford, senior, to the King. That His Majesty granted petitioner by patent on 8th May 1676 the place of Clerk of the Naval Office in Barbadoes with all perquisites and privileges, but Governor Atkins not only refused petitioner the place but detains one of the chiefest perquisites for warrants of arrest. Prays for His Majesty's letters to said Governor that said warrants of arrest may be restored to petitioner or his deputy. With reference from Secretary Coventry to the Lords of Trade to report what they think fit to be done in petitioner's behalf. Annexed,
482. i. ii. Certificates from Francis Tyrwhitt, William Bond, and Richard Payne, that these warrants of arrest always belonged to the Naval Officer as a perquisite. 30th August and 1st September 1677. Endorsed:—Rec. 22 Nov. Read 27 Nov. 1677.
482. iii. The King's Patent to Abraham Langford for the Naval Officer in Barbadoes. Westminster, 1676, 8th May. [Col. Papers, Vol. XLI., Nos. 107, 107 I., II.; also Col. Entry Bk., Vol. VI., pp. 193–197.]
Nov. 19.483. Certificate of John Lord Berkeley. That he employed Mr. Culpeper to view the Virginia Papers and to take copies of such as most concerned his deceased brother which Berkeley desires he may continue to do. For Sir Thomas Doleman or any other Clerks of the Council in waiting. [Col. Papers, Vol. XLI., No. 108; also Col. Entry Bk., Vol. LXXX., p. 209.]
Nov. 20.
Whitehall.
484. The King to Governor Lord Vaughan. Some of the Ministers of His Majesty's Allies residing at Court have made complaint that ships of war are permitted to lie in the ports and harbours of His Majesty's colonies and islands abroad from whence they put to sea and make prize of vessels belonging to Nations in enmity with them but in amity with His Majesty, and having seized such vessels at sea presume to bring them into said ports and harbours to the great abuse of that freedom which His Majesty allows to his friends there. Thinks fit that a speedy and effectual remedy be applied. Therefore, if Governor Vaughan has cause to suspect any vessel of war putting into Jamaica with such intention, he suffer them not to remain much less to return with the vessels seized, and enable them to offend those in amity with His Majesty "than which nothing can be more opposite to that fair indifference and common justice which we profess and will maintain towards all our allies impartially." [Col. Entry Bk., Vol. XCV., pp. 227, 228.]
Nov. 20–29.
Whitehall.
485. Journal of the Lords of Trade and Plantations. Their Lordships met in pursuance of an Order of the King in Council (see ante, No. 481) to prepare a law for establishing a perpetual revenue in Jamaica for support of the government there, and proceeded to read an Act made by Sir Thomas Lynch in 1672 entitled An Act for raising a public revenue out of all strong liquors and other goods of the production of Foreign Plantations imported or to be imported into the Island of Jamaica, and for the disposal thereof which, if it had been approved by His Majesty, must have become perpetual; after which is read an Act with the same title made by Lord Vaughan, wherein are several innovations derogatory to His Majesty's prerogative and authority there, all of which are specified, the first, instead of a Receiver of the revenues appointed by His Majesty's patent, the Act appoints a Collector. Then follow the opinions of their Lordships, that the preambles of both the said laws be joined together, as stated with other amendments and observations in "this new Act for raising money" as to naming the salaries of the Governor and other officers of the Government.
Nov. 22.The Minutes of the last meeting read concerning the Act for raising a public revenue in Jamaica together with draft of a new law prepared, whereupon ordered that neither the officers enumerated in the former Acts nor their salaries be mentioned in this new law. The preamble. Both the Treasurer and Collector appointed to receive the duties raised by this Act are belonging to Thomas Martin by the King's patent of 3rd April 1674. Sir Thomas Lynch and Captain Molesworth called in to give account of the present settlement of the revenue in Jamaica. Being withdrawn their Lordships signify their dislike of a Collector being appointed by the Act, and their opinion that no further use should be made of a Collector or Treasurer in the island since His Majesty's Receiver is empowered to receive all manner of duties, therefore ordered that a new draft of a law be prepared.
Nov. 29.On reading the law for raising a revenue in Jamaica their Lordships think fit it be sent to the Commissioners of the Customs for their opinions and remarks. Letter writ to Mr. Bertie (see No. 501). Letter read from Lord Vaughan of 30th October 1676, concerning Deane the pirate, and the manner of proceeding against pirates for the future. Agreed to report that a standing Commission of Oyer and Terminer be sent to Jamaica, in which the chief resident officers are to be nominated, Mr. Attorney General to prepare a bill to this effect. [Col. Entry Bk., Vol. CV., pp. 155–162, 164, 165, 169.]
Nov. 21.486. Answer of King's Counsel to the question about pirates (see ante, 478.) This is not levying war against the King or by the law of the land punishable by death. It is a crime against His Majesty's Treaties of Peace and the Proclamations for their observance. It is also an offence against the law of nations and by the civil law it is crimen lœsœ majestatis, but by the law of England no more than a confederacy against His Majesty's Crown and Dignity and by the statute for the trial of piracy (28 H. 8, cap. 15.) punishable only by fine and imprisonment. And there is an offender in the Marshalsea who hath accordingly been so punished. Signed by Thomas Exton and Richard Lloyd. [Col. Entry Bk., Vol. CV., p. 155.]
[Nov. 21.]487. Petition of Henry West, a Planter of Virginia, now in England, in behalf of himself and brother, to the King. William West was seduced to accept a commission under the late rebel Bacon against the Indians who had inhumanly murdered petitioner's parents about thirty years since; both brothers surrendered themselves to Colonel Bridger on promise of pardon, but were tried by a Council of War, and William was sentenced to death, and Henry to be transported to England and to give bond to His Majesty to leave Virginia. Prays for leave to return to his family in Virginia and to be discharged of his bond, and for pardon for his brother William who made his escape out of prison, and is ready to take the oath of obedience and give security for his future good behaviour, as many other more notorious offenders have been admitted to do. Endorsed, "Read in Council Nov. 21, 1677." 1 p. [Col. Papers, Vol. XLI., No. 109.]
[Nov. 22.]488. Petition of Thomas Sands of London, Merchant, to the King in Council. For leave to ship 580 hogsheads of tobacco from Virginia for England, free of the Virginia impost, in lieu of a like quantity upon which he paid the duty of 2s. per hogshead, but was taken by the Dutch. Endorsed, "Read 22 Nov. 77. Read in Council 23rd." 1 p. [Col. Papers, Vol. XLI., No. 110.]
Nov. 23.489. Petition of William Howard, a loyal subject of His Majesty, and a great sufferer by the late unhappy troubles there, now in England, to the King. Has lived 41 years quietly in Virginia, and served as a volunteer under Sir William Berkeley against the Great Indian Emperor Appochaukonaugh, when he received several wounds. His great age prevented his serving in the time of the late rebellion, but he sent his only son well mounted and several of his ablest servants against the rebels, Some of Bacon's men were forcibly quartered at petitioner's house when Major Robert Beverley, with a party of 30 armed men, took them prisoners and plundered petitioner's house to the value of 500l. sterling. Is now come to England, and prays that his servants and goods, possessed by Beverley, may be restored to petitioner. Endorsed, "Read in Council Novr. 23 1677." 1 p. [Col. Papers, Vol. XLI., No. 111.]
[Nov. 24.]490. The Earl of Carlisle to Sir Thomas Doleman. Pray do me the favour to send the map of Jamaica to me, and entrust it with the bearer. With receipt for the map, this 24th November by W. Delamain. [Col. Papers, Vol. XLI., No. 112.]
[Nov. 24.]491. Petition of Colonel Francis Moryson to the King. Has all his life served His Majesty, and particularly as one of His Majesty's late Commissioners in Virginia. Is now grown aged, and having as yet no other employment as the other Commissioners have prays that His Majesty will give such directions in the premises as in his princely wisdom shall be thought fit. [Col. Entry Bk., Vol. LXXXI., p. 272.]
Nov. 24.
Whitehall.
492. Order of the King in Council upon above petition of Colonel Moryson. His Majesty looking upon the service of the petitioner to be no way inferior to that of the other two Commissioners for Virginia who had, to wit, Colonel Jeffreys, command of a company of foot, and Sir John Berry of a man-of-war, His Majesty is pleased to make up petitioner's allowance equal to the best of said two Commissioners, and to refer it to Lord Treasurer Danby to adjust the same accordingly, and to report how it may be best effected. [Col. Entry Bk., Vol. LXXXI., pp. 273, 274.]
Nov. 27.
Whitehall.
493. Journal of Lords of Trade and Plantations, Letter from Sir Jonathan Atkins of 6th September last read, transmitting a manuscript book, containing 23 laws enacted in Barbadoes since his arrival in that Government, together with list of the Council and artillery, &c. Whereupon ordered that letter be written acknowledging receipt of his former letters, and directing him to send with speed all laws in force in Barbadoes, with reasons for making them, and all other laws that have been abrogated. Petition of Abraham Langford read, complaining that the perquisites of issuing out warrants of arrest in Barbadoes are refused him by Governor Atkins, notwithstanding His Majesty's patent of 8th May 1674, granting him the office of Clerk of the Navy. Ordered that report be prepared, with their Lordships' opinion, that Governor Atkins admit petitioner to the execution of this perquisite, unless he can give cause for the contrary, in which case he is to secure the benefit arising thereby to petitioner if His Majesty shall adjudge the right to belong to him. [Col. Entry Bk., Vol. CV., pp. 167, 168.]
Nov. 27.
Whitehall.
494. The Secretary to the Lords of Trade and Plantations to Governor Sir Jonathan Atkins. Acknowledges receipt of his several letters and a manuscript book containing twenty-two laws enacted since his arrival, but their Lordships observing many Acts said to be re-enacted and explained which do not appear in the volume, earnestly desire him to furnish them by the next conveyance, not only all Acts that are now in force in Barbadoes, but all other Acts that at any time were in force there. Also to inform their Lordships of the reasons which he says make them inevitably necessary for the safety and government of the island. [Col. Entry Bk., Vol. VI., pp. 192, 193.]
Nov. 27.
Whitehall.
495. Report of the Lords of Trade and Plantations to the King. On the petition of Abraham Langford concerning the perquisites belonging to his place of Naval Officer for warrants of arrest in accordance with their Lordships' order in preceding abstract. [Col. Papers, Vol. XLI., No. 113.]
Nov. 28.
Whitehall.
496. The King and Council to the Master of the Ordnance. To cause to be delivered to the Earl of Carlisle, whom His Majesty hath constituted Governor of Jamaica, the several stores and provisions of war in the estimate (see ante, No. 479 I.) mentioned to be transported to said island for His Majesty's service. [Col. Entry Bk., Vol. XXIX., pp. 175, 176.]
Nov. 28.
Whitehall.
497. Order of the King in Council. That the ship Mary designed for trade within the limits of the Royal African Company's Charter, in contempt of His Majesty's Proclamation, be stayed by the Commissioners of Customs, and the master summoned before Council, and that in the intervals of Council the Lord Treasurer be authorized to stay all interlopers on request of said Company. [Col. Entry Bk., Vol. I., p. 79.]
Nov. 28.
Barbadoes.
498. Governor Sir Jonathan Atkins to Lords of Trade and Plantations. As to the complaints made to him of injuries done by the French to English ships, he sent the King's frigate to the Governor of Martinique and received a very civil and satisfactory answer from Mons. St. Marthe which Governor Atkins recapitulates. Advice by a ship from Madeira of a French fleet not far from that island of ten men-of-war and three fire ships, besides victuallers, in all 18 sail, and the next morning from the Leeward Isles of the same fleet which came up close to that part of Barbadoes where we are now building. Gave orders to all the regiments in the island "to draw to their colours." At eleven o'clock at night had advice from Colonel Lambert that Count d'Estrees had sent a gentleman ashore to speak with the Governor, who said the Count's reason for coming so near the island was, that he had appointed four frigates to meet him there, and that the firm friendship between their masters might take from us all suspicion of each other. Had sent His Majesty's frigate to M. d'Estrees to compliment him, but she was mistaken for a merchant "an ordinary error that always hath attended that frigate the Constant Warwick." The Lieutenant of the French fleet went away well satisfied with the civility he had received, and something of admiration to see so great a strength of Horse and Foot in so small an island, so "you may see the Barbadoes is not neglected." Further intelligence from the Leeward Isles of a frigate taking in planters and soldiers from St. Christopher's. The French fleet sailed direct for Tobago to block the Dutch out or force them to come out and fight. The complaints of the Royal Company of Africa concerning interlopers are no small scandal to him. Account of an action that hath happened which "cleared the whole point," by a vessel being brought in by His Majesty's frigate and the case publicly heard in the Court of Admiralty where the Governor presided, and the right of the African Company was fully asserted, which gave satisfaction to the whole Assembly, insomuch that Mr. Sharpe who otherwise is a very honest man, very popular and ingenuous, did before them all acknowledge he had been deceived and was sorry for what he had done, and that he would never more act in it, so hopes that uncertain trade will be given over. Explains "two necessary but unusual acts" concerning the estates of Thomas Middleton and one Plumley. "Rec. 16 Jan. 1677." 4 pp. [Col. Papers, Vol. XLI., No. 114; and Col Entry Bk., Vol. VI., pp. 210–218.]
Nov. 29.499. Mem.— That the Lord Privy Seal is desired by the Lords of Trade and Plantations to report to His Majesty in Council that the Lord Culpeper humbly prays that his commission and instructions as Governor of Virginia may be taken into consideration in order to his despatch. [Col. Entry Bk., Vol. LXXX., p. 229.]
Nov. 29.
Whitehall.
500. Mem.—The Lord Privy Seal is desired by the Lords of Trade and Plantations to move His Majesty that a standing commission of Oyer and Terminer for trial of pirates in Jamaica be granted without term, wherein the chief resident officers may be named and Mr. Attorney General to prepare a Bill to this effect. [Col. Papers, Vol. XLI., No. 115, and Col. Entry Bk., Vol. XXIX., p. 170.]
Nov. 29.501. Sir Philip Lloyd to Mr. Bertie. Encloses by order of the Lords of Trade and Plantations draft of a law they have prepared for raising a revenue in Jamaica, which the Earl of Carlisle on his arrival is to offer to the Assembly for their consent, and upon which their Lordships wish to receive the opinion of the Commissioners of the Customs. [Col. Entry Bk., Vol. XXIX., pp. 169, 170.]
Nov.502. "A short account of the General Concerns of New York from October 1674 to November 1677." Settlement of New York in 1674, demand made in May 1675 to Connecticut of that part of His Royal Highness's Colony in their possession, journey to Delaware to settle things particularly as to New Jersey Indians, of which great apprehensions composed by their submission, observed by them since during all the troublesome war; news of Indian troubles eastward in June following, Governor sent an express to Hartford and repaired with a force to the mouth of Connecticut river, as the "properest" place to advise and act, but supply was refused and after four days' waiting a severe protest made against his coming; went over without delay to Long Island, sent ammunition and arms to Martin's Vineyard and Nantuckett, proceeded by land through Long Island to New York, to satisfy the great jealousy of their neighbours, disarmed all their Indians and saw all the militia; sent for all the neighbouring Sachems who renewed their submissions and engagements, went in August up Hudsons' River to Esopus and Albany and most warlike Indians near a hundred miles beyond and associates about 400 miles further submitted in an extraordinary manner with reiterated promises; returned to New York, sent his first Lieutenant with recruits to command at Albany; on the notice of the Indians in war coming more westward, prohihited the sale of powder on penalty of 10l. for each ¼ lb., or corporal punishment extending to life, sent unasked six barrels of powder and some match to Rhode Island which they thankfully accepted and lent part to New England. Sent two gentlemen to Boston to complain of the aspersion in the Massachusetts Declaration, published in the beginning of the winter, that the Indians were supplied with powder at Albany, demanding that it might be made to appear or the false informer punished. In November and December Philip and the Indians to about 1,000 went up into the country and came within 40 miles of Albany, the Governor immediately ordered his remove and sent an express to Connecticut desiring leave to pursue the enemy into their parts, which being refused and the river opening unexpected, the beginning of February 1676, took the first opportunity to go up with an additional force and six sloops, and found at Albany 300 Maquaes returned from the pursuit of Philip and a party of 500 with him, whom they had beaten, having some prisoners and the crown or hair and skin of others whom they had killed; erected a new stockadoed fort with four bastions to command Albany, sent an officer through the woods to demand Christian captives and command all strange Indians out of the government, the officer met with five nations together, about f(ive) hundred in arms, which readily obeyed; erected small forts in all the towns and villages for the retreats of women and children. In the spring and beginning of summer 1676, the Indians having committed great ravages in all parts, Connecticut sent two commissioners pretending full powers, though none but the Governor assured them he would not be wanting and offered either to procure them an honourable peace or to assist them in war and to forbear claims of territory for the present, but had no answer, however continued to keep down all Indians in war with them from the inland country. The Eastern Indians about Kennebee prevailing much and driving all Christians from the fishing islands and continent, the Governor sent a sloop to Boston and Piscataqua offering free passage to any driven from His Royal Highness' territories at Pemaquid, of which he gave notice to the Massachusetts, but they were by them prohibited to come to New York. In June 1677 the Eastern parts being deserted by the Indians and neglected by Boston, the Governor sent to take possession of Pemaquid in His Royal Highness' right, giving notice to the Massachusetts, immediately the Massachusetts press vessel and about 120 men to send that way and proclaim a day of prayer in print, which forces attacked the Indians at Black Point but lost about 60 men, so Major Clarke went on to Pemaquid, and finding His Royal Highness' forces already in possession made only some questions and so returned. A few days afterwards some Indians came in and offered submission but not to include Massachusetts, which not being accepted they went away but in a few days returned and in less than a month submitted to include Boston and all His Majesty's subjects, submitting (as they said) to Providence, and brought in prisoners. Port at Pemaquid a wooden redoubt, victualled for eight months, the charge with that of a sloop has been very great. Colonel Coursey, Ambassador from Maryland to the Indians, and the Governor both received satisfactory assurances from the Indians. On November 16th, after taking the advice of the Council and the Country being quiet, the Governor started from New York and sailed the next day. Endorsed "Recd from Sir E. Andros, March 1678." 4 pp. Printed in New York Documents III. 254–257. [Col. Papers, Vol. XLI., No. 116.]
Nov.503. Petition of Rowland Simpson, Merchant [late a planter in Surinam], to the King and Privy Council. Recites former petitions (see previous volume of Calendar, No. 1018 and enclosures) concerning the seizure of the Golden Lion laden with sugar, the produce of his plantation in Surinam, by a French privateer the Golden Fleece, Bernardo Lemoyne, Commander, who by force carried petitioner's ship and sugars from Milford Haven into France and His Majesty's recommendation of his case to Lord Lockhart, Ambassador in France, that petitioner hath used all means and pursued all the methods required either by law or treaty to obtain satisfaction, all which have been fully reported to His Majesty by the Lords of Trade and Plantations, but has been unable to obtain reparation. Prays for letters of reprisal or marque the only means now left for his redress. Signed by petitioner. Annexed,
503. i. The Case of Rowland Simpson, a planter in Surinam, He had according to the 5th Article of the last Treaty with the Dutch to move from thence into England and to that end sold his plantation and shipped 309 hogsheads of sugar aboard the Golden Lion. Having no other way to get to England but by way of Holland, said ship on her course to Amsterdam was taken by a French Privateer. Recapitulates all his proceedings to obtain reparation as set forth in his several petitions and prays for letters of reprisal which Simpson is advised he has the right to have granted by the Law of Nations and the articles of peace aforsaid.
503. ii. Memorial of the English ambassador in Paris, Edward Lord Montagu, to the King of France, referred to in Simpson's petition. Paris 1677, July 26. [Col. Papers, Vol. XLI., Nos. 117, 117 I., II.] Also,
Journal of Lords of Trade and Plantations. Petition of Rowland Simpson with several papers read. Mr. Brisbance acquaints their Lordships that upon instance made by him for satisfaction in France he could get no other answer than that the parties might have a revision of the sentence of condemnation in France, and that when it was demanded that the value of petitioner's goods should be deposited in the Admiralty of England they absolutely refused. After a very long debate upon the whole matter it was thought fit to propose to Sir Thomas Exton and Sir Richard Lloyd (Judges of the Admiralty) certain questions as to whether the obstruction given to the remedy petitioner might have had if tried while his goods were in England be subject for letters of reprisal. The letter to the Judges of the Admiralty. [Col. Entry Bk., Vol. CV., pp. 209–210, 215–216.]