America and West Indies
December 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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186-198

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'America and West Indies: December 1677', Calendar of State Papers Colonial, America and West Indies, Volume 10: 1677-1680 (1896), pp. 186-198. URL: http://www.british-history.ac.uk/report.aspx?compid=69970 Date accessed: 31 July 2014.


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December 1677

Dec. 3.
Falmouth, Antigua.
504. Journal of the Council and Assembly of Antigua. Present: Lieutenant-Colonel Rowland Williams, Captains Jeremiah Watkins, Paul Lee, John Cade, Richard Ayres, and Samuel Jones, and John Parry, Esq. Of the Assembly, Major Richard Boraston, Speaker, Major Thomas Malett, Lieutenant Daniel Mitchell, Ensign Francis Carlisle, and Samuel Irish. Upon Colonel Philip Warner laying down his Commission, His Excellency proposed the election of Lieutenant-Colonel Williams to the Council and Assembly, who concurring, desired his acceptance of the Government but received an utter denial, whereupon His Excellency empowered the two Judges, Captains Paul Lee and Jeremiah Watkins, to preside, each in his precinct, and at the end of a year to dissolve the Assembly and issue writs for a new one. [Col. Papers, Vol. XXV., No. 55*.]
Dec. 4.
Whitehall.
505. Journal of Lords of Trade and Plantations. Consideration of the business of Virginia as referred to their Lordships by Orders of 6th and 17th July last (see ante, Nos. 318, 336.) Lord Berkeley moves that the narrative of the late rebellion in Virginia presented by His Majesty's Commissioners be read (see ante, No. 432). Lord Culpeper, the Commissioners, and Colonel Culpeper called in, when said papers are read, and Lord Berkeley presents and answer to the objections against Sir William Berkeley signed by Colonel Culpeper which is also read. Sir John Berry and Colonel Moryson declare their narrative to be a faithful and impartial account of things and assure their Lordships they never had any design to diminish the credit of Sir William Berkeley. All being withdrawn the Minutes of 2nd August last (see ante, No. 377) are read, and it is inquired by what Order this answer in favour of Sir William Berkeley is brought before them; agreed to desire His Majesty's directions how to proceed. Being informed by Lord Berkeley that Major Robert Bristow recommended by the Commissioners for his loyalty and sufferings in the late rebellion had taken the oath of fidelity to Bacon, Sir John Berry declares that the character given of Bristow was from Sir William Berkeley's own mouth, who said Bristow was a great sufferer and had been kept prisoner by the rebels until Bacon's death, and Colonel Moryson could bear witness. Colonel Culpeper's request to alter some expressions in the paper signed by him in justification of Sir William Berkeley not permitted. Agreed to move His Majesty for directions for the dispatch of Lord Culpeper and the consideration of his Commission and Instructions. 3 pp. [Col. Papers, Vol. XLI., No. 118, and Col. Entry Bk., Vol. CV., pp. 170–172.]
Dec. 4.506. An answer to the objections against Sir William Berkeley in justification of his proceedings.Signed by Alexander Culpeper. The last paragraph is as follows: All these things considered, Sir William Berkeley had great reason to differ from the opinion of the learned Lord Coke mentioned by the Commissioners, and to appeal to His Majesty and most honourable Privy Council and the learned Judges of the law who it is hoped will find cause to justify Sir William Berkeley's proceedings, which, when the case shall be clearer stated and better understood that yet it is, will be found to have been entirely for the good of the Colony and His Majesty's service though to his own loss and ruin. [Col. Papers, Vol. XLI., No. 119, and Col. Entry Bk., Vol. LXXX., pp. 230–239.]
Dec. 5.
Whitehall.
507. Order of the King in Council. That Mr. Secretary Coventry move His Majesty for his directions about preparing the instructions and other necessary despatches for John Lord Culpeper as His Majesty's Governor of Virginia. [Col. Entry Bk., Vol. LXXX., p. 230.]
Dec. 5.
Whitehall.
508. Order of the King in Council. That Sir William Jones, Attorney-General, prepare draft of a Commission of Oyer and Terminer, as desired by the Lords of Trade, for trial of pirates in Jamaica, see ante, No. 500. [Col. Entry Bk., Vol. XXIX., p. 171.]
Dec. 6.
Whitehall.
509. Order of the Lords of Trade and Plantations. Upon reading a particular account delivered by His Majesty's late Commissioners for the affairs of Virginia, directing Sir John Berry and Colonel Moryson to give in a list of the Council in Virginia, some of whom are described as rash, fiery, &c., without naming any other than Colonel Ballard, together with a particular character of each member; that, according to the 9th Article of their Instructions, they examine the laws of Virginia, and return their opinions how far they find them consistent with His Majesty's authority and the welfare of his Colony, and what they find inconvenient and fit to be altered or discontinued. 2 pp. [Col. Papers, Vol. XLI., No. 120, and Col. Entry Bk., Vol. LXXX., pp. 209, 210.]
510. Sir John Berry and Colonel Francis Moryson, late Commisioners for the affairs of Virginia, to the Lords of Trade and Plantations. Present a list of the Council of that Colony, with characters of those who may be thought most fit for His Majesty's service at this present juncture. To the names of Sir Henry Chicheley, Thomas Ludwell, Colonel Thomas Swann, Colonel Nathaniel Bacon, Colonel Robert Smith, Colonel William Cole, Colonel Richard Spencer, Colonel Daniel Parks, Colonel Rowland Place, Captain Ralph Wormeley, Colonel Augustine Warner, Major Richard Lee, and Major-General John Custis, the word "Stet" has been afterwards added (by William Blathwayt ?); to those of Major Robert Beverley and Colonel Edward Hill the words "putt out;" to Colonel Francis Willis, "not now in the country," the words "to be inquired of;" to Colonel Thomas Ballard and James Bray, "discont." [inue ?]; Colonel Thomas Bridger, "Qu.;" Colonel Philip Ludwell, "determine." Opinion upon the Acts of Oblivion and Attainder, and as to taking into deliberate consideration the laws of Virginia, "a work of time and difficulty," requiring the assistance of some learned Counsel to advise with. 5 pp. [Col. Papers, Vol. XLI., No. 121.]
Dec. 6.
Council Chamber.
511. Memorandum that the Lords of Trade and Plantations desire the Lord Privy Seal to report to the King in Council that there is lying before them an answer to objections against Sir William Berkeley in justification of his proceedings (see ante, No. 506), upon which they desire His Majesty's directions, as also in relation to the return the late Commissioners of Virginia, who have been long attending His Majesty's commands, have made of their commission. Endorsed, "Read in Council Dec 7. 1677."
Also Mem.—In consideration whereof it was ordered in Council that no further notice should be taken of the aforesaid papers, and the same day His Majesty was pleased to dismiss the Commissioners from further attendance. [Col. Papers, Vol. XLI., No. 122, and Col. Entry Bk., Vol. LXXX., p. 240.]
Dec. 6.
Whitehall.
512. Journal of the Lords of Trade and Plantations. A list of the business of Virginia depending at the Committee read. Answer of the Commissioners presented to His Majesty in reference to their instructions; remarks; Sir William Berkeley's refusal to inform the Commissioners on certain heads; the grievances in relation to the great salaries paid to the Assembly redressed; the characters of some of the Council, Colonel Ballard, as rash and fiery, to be excluded the Council, and Colonel Swann continued; Bray and Colonel Philip Ludwell also rash and fiery men; a list of the Council to be prepared by the Commissioners that His Majesty may distinguish who are fit to be continued and who to be excluded. As to the 9th Instruction requiring the Commissioners to return copies of all laws in force in Virginia, the Commissioners declare that Sir William Berkeley did not observe the directions of 14th April 1676 as to certain heads of inquiry annexed. Inventory of delinquents' estates delivered to their Lordships; agreed to recommend that the gentlemen be rewarded for their labour therein. The case of Hunt recommended by the Commissioners as very hard and severe; he was never in arms and died before Bacon, yet his estate confiscated. Refusal of Berkeley to receive His Majesty's Commissioners into his house; Colonel Swann to be recommended to Colonel Jeffreys for some reward for his kindness and expense in doing so. The narrative of the Commissioners of the rise, progress, and cessation of the late rebellion read; the observations of their Lordships thereon as to the occasions of the troubles for which Sir William Berkeley is greatly blamed in disowning the expedition of Brent and Mason, in the small care that was taken to subdue the Indians, his private trade with them, his sudden motion to pardon Bacon when he was taken prisoner and admitting him again of the Council; his conduct to Gardner who took Bacon prisoner; and how he might have prevented Bacon having his (the Governor's) commission against the Indians. A brother to the Queen of Wianoke taken prisoner by Bacon and brought to England by Colonel Culpeper, Administrator to Berkeley at Kent in Lord Culpeper's house. Agreed to report in Council for some consideration to Sir John Berry and Colonel Moryson for their attendance on His Majesty's commands since the return of their commission. 7pp. [Col. Entry Bk., Vol. CV., pp. 173–179.]
[Dec. 6.]513. Inventories of Delinquents' Estates in Virginia, prefixed by a list of debts claimed by divers persons out of said estates. The first name is William Sherwood (see his petitions ante, Nos. 329, 330). With Mem. signed by Sir John Berry and Francis Moryson, that on His Majesty's determination concerning the disposal of said estates herein set down, Lieutenant-Colonel George Jordan and Major Theophilus Hone, employed by His Majesty's Commissioners to report what estates have been seized as forfeited to His Majesty, they may be considered out of the said estates for their great are "inventoried":— William Hunt, Giles Bland, Robert Jones, trouble. The following are the names of the persons whose estates are "inventoried":—William Hunt, Giles Bland, Robert Jones, Colonel James Crewe, Nathaniel Bacon, William Cookson, William Dawson, John Greene, John Hes, Captain William Carver, William Rookings, Thomas Hall, Thomas Willforde, Anthony Arnold, Henry Page, Thomas Hunsforde, Thomas Whally, Edmund Cheeseman, John Whitson, William Scarborough, William West, Robert Stokes, John Younge, John Turner, Richard Farmer, and Richard Pomfrey, there executed but had no estate, not so much as to pay for a shroud to bury them. [Col. Entry Bk., Vol. LXXXI., pp. 429–495.]
[Dec. 6.]514. A true Narrative of the rise, progress, and cessation of the late Rebellion in Virginia, most humbly and impartially reported by His Majesty's Commissioners appointed to inquire into the affairs of the said Colony. This is a beautifully written manuscript by Samuel Wiseman (Clerk to the Commissioners), of thirty- five pages, signed by Sir John Berry and Colonel Francis Moryson, prefixed by a rough drawing of the siege of an Indian fort by the Virginians and Marylanders, collected "from a strict inquiry, observation, examination, and the most probable impartial reports by us made and received during our stay upon the place," see ante, No. 433, "The Heads of such papers, 2." [Col. Entry Bk., Vol. LXXXI., pp. 369–405.]
[Dec. 7.]515. Petition of Wolfgang Howser, Attorney of Henry Howser and James Zellar, His Majesty's Chaplains in Jamaica, to the King and Council. That said Chaplains were chosen in 1663 by the Bishop of London, who promised each 100l. a year, until a stop was made by the Lords of the Treasury, and, notwithstanding His Majesty's recommendation to the Bishop of London to pay the 100l. in arrear, he refuses to do so. Prays for His Majesty's order to said Bishop to pay the same, and also to consider a letter from His Majesty's chaplains in Jamaica, which declares the island, in regard of its great poverty, is not able to allow maintenance for the four Chaplains resident there. "Read in Council 7 Dec. 1677." [Col. Papers, Vol. XLI., No. 123.]
Dec. 11.
Whitehall.
516. Journal of the Lords of Trade and Plantations. In reference to the Commissioners' account of the condition of Virginia and of their transactions during their stay there, with their opinion what means will best conduce to the firm grounding and securing the future peace thereof (which is read), and on Lord Berkeley's remarks on the unusual manner in which they made their inquiries into the state and grievances of the country, seeing Sir William Berkeley refused to give them any account of the state of matters, their Lordships "seem to remain satisfied with the proceedings of the Commissioners in this regard." Lord Culpeper and Colonel Moryson called in the laws lately made in Virginia for pardoning, attainting, and punishing offenders; considered also Berkeley's proclamation in contradiction to that of His Majesty for pardoning all except Bacon. Agreed that the Governor, Council, and Assembly have too far extended their authority and privilege in enacting them; against justice itself, particularly in the case of Hunt. Agreed to report to His Majesty their advice that all laws made contrary to the powers residing in the Government of Virginia or in derogation to His Majesty's Proclamation be disanulled, and other laws sent to Virginia more agreeable to His Majesty's justice and honour. How far His Majesty will extend his mercy toward the several degrees of offenders in Virginia is left to His Majesty's determination. [Col. Entry Bk., Vol. CV., pp. 180, 181.]
Dec. 11–13.517. Journal of Assembly of Barbadoes. Ordered that 200,000 lbs. of muscovado sugar be presented to the Governor for his better support in the government of this island.
Dec. 12.Election of John Hallett as Treasurer, vice Colonel William Bate, and Captain John Johnson, Comptroller of the duty of excise. Acts for laying an imposition on wines and other liquors imported, and to enable Colonel William Bate to receive the debts by him contracted for the excise passed. Ordered that the Treasurer put on board ship so much of the public sugars as may reasonably be computed to make in England 1,500l. sterling for payment of 1,200 firelocks and 200 carbines with cartouch boxes, &c. Ordered, that if any member of this House shall hereafter discover or divulge any of the arguments of any particular members in the House to the prejudice of any of them he shall be expelled the House. Ordered on petition of Captain Thomas Morris and Thomas Beresford, merchant, that the duty on eighteen pipes [of wine] be remitted. John Forbes chosen Marshal on decease of Joseph Withers. Act passed to explain a branch of a former Act for ordering and governing of negroes. Ordered that the members bring in a true list of arrears and taxes in the several parishes they represent, and that the beginning of this crop they make speedy prosecution against the several persons in arrears. This to be published in all parish churches two Sundays before the next sitting. Motion to the Governor to order the Commissioners for the several precincts to take account of the carriages, ammunition, and other necessaries wanting in the forts, and report the same at the next sitting of the Assembly. That the manner of giving and setting forward an alarm be ascertained, and the forces of the country upon such occasion appointed at such posts as formerly, and not at their usual rendezvous, for the better preventing any sudden surprisal wherein our danger chiefly consists; that the Colonels may have power to take provision for the poor people upon alarm, to maintain them at their posts, setting reasonable rates thereon, and drawing on the public for satisfaction. That good part of the magazine may be distributed to the care of the field officers to be kept near the several posts, and to draw upon the Treasurer for any charge of building for securing same. That said Commissioners take a view of the breast works, and report what are in want of repair and where new ones will be convenient, also upon the best way of preserving the great guns and carriages from decay. That a thousand spades be distributed for the use of the several breastworks. That said Commissioners be desired to cause wood and trees prejudicial to the breastworks to be cut or in default to appoint other persons who may take said wood for their pains.
Dec. 13.Petition drawn by order of the House to the King. In relation to their Speaker, Colonel William Sharpe, being sent for to England upon a complaint to His Majesty and Council, who made an order commanding the Governor to send over Colonel Sharpe. That petitioners are much afflicted at His Majesty's displeasure, but humbly presume to lay before His Majesty that those inhabiting this extreme part of his dominions have been settled by the King's Commission and his laws, and hitherto at all times offenders have by virtue of them been duly punished. That if removed from their estates and families upon any suggestion or accusation they are as inevitably ruined though innocent as they would be if guilty. Pray His Majesty to take away those fears, and by some gracious expression to confirm them, that they shall not be removed from their houses and families upon the pretence of any crime before they are first heard in this place. Resolved unanimously that this petition be sent to England. Acts to continue the Act of the Militia of this island, and to prevent the clipping, washing, or impairing of the Spanish money here current, passed. Voted that the Treasurer and Comptroller of the Excise do not give security. Ordered that the Treasurer pay to John Higinbotham, Clerk of the Assembly, and to Mary, widow of John Withers, late Marshal, their respective salaries in sugars. John Forbes took the usual oath as Marshal to the Assembly. Adjourned to 22nd January 1678. [Col. Entry Bk., Vol. XIII., pp. 282–288.]
Dec. 12.
Whitehall.
518. Order of the King in Council. Permitting the ship Mary to proceed, on securities of 500l. each, given by Lionel Craft and Henry Ramsey, two of the proprietors. That she shall not touch at Guinea or any part of Africa to the prejudice of the Royal African Company. [Col. Entry Bk., Vol. I., p. 80.]
[Dec. 12.]519. Petition of Thomas Gardner, late Commander of the ship Adam and Eve, of London, to the King. That by command of Sir William Berkeley he seized the late rebel Bacon, with forty armed men in a sloop, in James River, and delivered them, all prisoners, to the Governor at James Town. That he was soon after committed to prison by the then Assembly till he should pay seventy pounds for the loss of Bacon's sloop. That after the Governor's return from Accomack, and until the arrival of His Majesty's Commissioners he attended to said Governor's orders. Prays for satisfaction for his services. Endorsed, "Read in Council Dec. 12 '77." Annexed,
519. i. Certificate signed by Sir John Berry and Colonel Francis Moryson in favour of Captain Thomas Gardner, that his ship was a receptacle for the loyal party, and a jail for the late rebels, and is now taken from him by reason of the neglect and losses occasioned by his attending the Governor's orders. Endorsed, "Read. 18 Dec. 1677."
519. ii. Order of the Assembly of Virginia. That for violating the privilege of a burgess in the person of Nathaniel Bacon, and for damages about a sloop, and the loss of arms, Captain Thomas Gardner pay to the said Bacon 70l., and crave Bacon's pardon, 24 June 1676.
519. iii. Order of the King in Council. On petition of Captain Thomas Gardner, referring same to Lords of Trade and Plantations, to examine the petitioner's case, and report how he may be satisfied for the great hardships and charge of his imprisonment by order of the Assembly of Virginia. Whitehall, 1677, Dec. 12. Together, 5 papers. [Col. Papers, Vol. XLI., Nos. 124. 124 I., II., III.; and Col. Entry Bk., Vol. LXXX., pp. 215–222.]
Dec. 13.
Whitehall.
520. Journal of the Lords of Trade and Plantations. A Report to His Majesty about the laws of Virginia read and approved. A repertory of Grievances presented to the late Commissioners of Virginia by the people there is read in part. Opinions of their Lordships on several of the Articles. [Col. Entry Bk., Vol. CV., pp. 182–184.]
Dec. 14.
Custom House, London.
521. Commissioners of the Customs to the Lord Treasurer. Have considered the draft of an Act for raising money in Jamaica for support of that government, and offer their opinions on the proposal to lay duties on sugar, tobacco, indigo, ginger, rum, and cocoa, which they suppose are rather intended for preventing their importation than out of any expectation of raising a revenue, also as to spirits, beer, cider, mum, and metheglin, which last and spirits are mostly of the manufacture of this kingdom. Do not find that anything is charged upon rum or other strong waters of the manufacture of the Island. Concerning the difference made between free ships and foreign ships and other details in con nection with said Act. Signed by Sir Richard Temple, Sir George Downing, and five others. "Recd from Mr Brent 31 Dec. 1677." 2 pp. [Col. Papers, Vol. XLI., No. 126; and Col. Entry Bk., Vol. XXIX., pp. 172–175.]
Dec. 18.
Whitehall.
522. Journal of the Lords of Trade and Plantations. In reference to the eighth grievance of Northampton County, Virginia, their Lordships think fit that the Courts of Judicature be not adjourned so often as is complained of without sufficient cause, and that the Governor be directed to regulate this abuse. Letter signed to Colonel Jeffreys, Governor of Virginia, requiring of him an account of the affairs of Virginia since his arrival there, and transmitting several heads of inquiry relating to the present state of the country.
Their Lordships receive several laws of Jamaica enacted 9th April 1677, which they will consider at their next meeting.
Lord Baltimore attends as ordered in relation to the correspondence in Maryland with the Indians, and says the peace with the Northern Indians bordering upon his provinces has held for twenty years and is yearly confirmed by the Indians. That in this Treaty as well as in a peace now making with the Cuingo and other Indians Virginia is expressly included, and produced letters vouching his assertion, whereupon Lord Baltimore withdraws, and it is agreed to report in Council that effectual care has been taken by Lord Baltimore to include Virginia within the treaties of peace made with the Indians, but that their Lordships observe the like has not been done by the Governor of Virginia in the late peace concluded with the Indian kings and queens, with their opinions that orders be sent to Colonel Jeffreys that he endeavour to comprehend the Province of Maryland and other English Colonies within the said Treaty and others which shall hereafter be made by him with the Indians.
Their Lordships agree to report in Council their opinion for regulating the fishing trade of Newfoundland in accordance with His Majesty's Letters Patent, as prayed in a petition of several towns in the west of England. [Col. Entry Bk., Vol. CV., pp. 185–187.]
Dec. 18.
Whitehall.
523. William Blathwayt to Colonel Moryson. Has got ready the names of such as the Acts lately made in Virginia had excepted out of the free pardon granted by His Majesty's Proclamation, but as to his request for a copy of the Objections signed by Colonel Culpeper against Moryson's narrative, the Lords of the Committee say that as His Majesty in Council had not thought fit to take any notice of that paper, so the reply could only multiply disputes to no purpose, and therefore it was not necessary that any copy should be given to him. [Col. Entry Bk., Vol. LXXX., p. 211.]
Dec. 18.
Council Chamber.
524. Report [of Lords of Trade and Plantations] to the King. That a letter be written to Lieutenant-Governor Herbert Jeffreys directing him to use all effectual means to comprehend as well within the late peace made with the Indians as in all other Treaties of Peace to be negotiated hereafter, not only the Province of Maryland, but all other neighbouring Colonies of His Majesty's subjects. Endorsed, "Read and approved January 8th 1678." 2 pp. [Col. Papers, Vol. XLI., No. 127.]
Dec. 18.
Whitehall.
525. Lords of Trade and Plantations to Colonel Jeffreys, Lieutenant-Governor of Virginia. Notify their appointment by His Majesty, and that he may be the better guided in the representation of things which their Lordships expect from him, they send several Heads of Inquiry formerly recommended to Sir William Berkeley, to which as yet they have received no answer, with Additional Heads relating to the present conjuncture and changes. Require him to transmit a Journal and Deduction of all things since his arrival, also authentic copies of all laws. Annexed are the Additional Heads of Inquiries. [Col. Entry Bk., Vol. LXXX., pp. 241–243.]
[Dec. 19.]526. Petition of the inhabitants of Newfoundland to the King. That Petitioners' ancestors settled in said island under certain laws and orders "formed to them by Patents by yor Maj. royal Ancestors" and now number 1,600 persons. That a patent has lately been obtained by persons in England without the privity of Petitioners, not only contrary to said laws and orders, but absolutely destructive to Petitioners and their families, and should it proceed would prove the certain loss of said island. That Petitioners have petitioned His Majesty to set aside said patent, and several reports have been made how necessary it is the inhabitants be there continued, whereupon His Majesty has suspended the execution of said patent till the full hearing of said cause. That Petitioners also petitioned for a Governor, Minister and settled forts for their security at their own costs, which still remains undetermined. Pray His Majesty to suspend the granting of any order until Petitioners be further heard. "Rec. 19 Dec. Read in Council 22 Dec. 1677." [Col. Papers, Vol. XLI., No. 128.]
Dec. 20.
Whitehall.
527. Journal of Lords of Trade and Plantations. In reference to the case of Thomas Gardner, late Commander of the ship Adam and Eve, agreed to report to His Majesty that, in consideration of the good service done by Gardner in seizing Bacon with forty armed men in his sloop in James River, for which he was cast into prison and fined 70l. for the loss of Bacon's sloop and for reimbursement of the same, His Majesty would assign him 100l. out of the money raised by the Assembly of Virginia.
Two laws for settling the Militia in Jamaica taken into consideration, one made in 1675, the other in 1677, and the former being read, their Lordships will consider at a full meeting whether the preamble of this law be not fit to be left out as 'tis in the late law, also what provisions to be made in case of damages. [Col. Entry Bk., Vol. CV., p. 188–190.]
Dec. 22.
Whitehall.
528. Order of the King in Council. On petition of Otho Thorpe of York county, Virginia, setting forth his great losses by plunder during the rebellion, that himself and wife were imprisoned by the rebels for refusing to take up arms with them, and that Governor Berkeley seized the remainder of his estate, and praying for restitution. His Majesty being very sensible that many of his poor subjects there must necessarily have suffered many hardships in that calamitous time and desiring they may be restored to all they can justly lay a claim to, orders that said petition and papers annexed be referred to Lords of Trade and Plantations for their report, when His Majesty will declare his further pleasure. 2 pp. [Col. Papers, Vol. XLI., No. 129.]
Dec. 22.
Whitehall.
529. Order of the King in Council. On petition of Elizabeth Dudley, widow of William Dudley, late of Middlesex county, Virginia, on behalf of herself and her three sons, setting forth that her husband was forced to administer Bacon's unlawful oath, but with a salve to his allegiance to His Majesty and before he could obtain the benefit of His Majesty's pardon, Sir William Berkeley seized fifteen hogsheads of tobacco to his own use, and praying restitution, His Majesty being very desirous to have the Petitioners restored to whatever may have unjustly been taken from them in the hurry and distraction of the late rebellion there, orders that said petition and papers annexed be referred to Lords of Trade and Plantations for their report. 2 pp. [Col. Papers, Vol. XLI., No. 130.]
Dec. 22.530. Petition of Sands Knowles of Gloucester county, Virginia, to the King. Setting forth the seizure of himself and servants and the plundering of his estate to the value of 400l. sterling, by Major Robert Beverley in October 1676, and his having obtained the benefit of His Majesty's pardon. Prays for the restitution of his estate. 1 p. [Col. Papers, Vol. XLI., No. 132.]
Dec. 22.531. Petition of Sands Knowles to Governor Herbert Jeffreys. For permission, for the reasons therein stated, to put in security according to the tenor of His Majesty's Proclamation of Pardon, with certificate by Sam Wiseman that Petitioner duly performed what is enjoined by said Proclamation. 1 p. [Col. Papers, Vol. XLI., No. 133.]
Dec. 22.532. Petition of Sands Knowles to the Commissioners for Virginia. That Major Beverley has seized his servants, and negroes and goods to the value of 400l. sterling. Prays he may receive the full benefit of His Majesty's pardon, and have liberty to recover his estate. Annexed,
532. i. ii. iii. Three depositions taken in Virginia in behalf of Petitioner concerning his losses and imprisonment. 4 pp. [Col Papers, Vol. XLI., Nos. 134, 134 i. ii. iii.]
Dec. 22.533. Order of the King in Council. On petition of Sands Knowles of Gloucester county, Virginia, with the papers annexed, praying restitution of his estates there, referring same to Lords of Trade and Plantation for their report, that thereupon His Majesty may declare His further pleasure. 1 p. [Col. Papers, Vol. XLI., No. 131.]
Dec. 22.
Whitehall.
534. Order of the King in Council. On petition of William Mumford, of London, Merchant, on behalf of Alexander Walker, of Virginia, Planter, for restitution of his goods seized by Sir William Berkeley and converted to his own use, Petitioner's only offence being the taking Bacon's unlawful oath, which he was forced to by threats; referring same to Lords of Trade and Plantations for their report. 2 pp. [Col. Papers, Vol. XLI., No. 135.]
Dec. 22.535. Petition of Thomas Martin, Receiver in Jamaica to the King. That notwithstanding His Majesty's letters to Governor Lord Vaughau, Petitioner is still a prisoner as by the annexed certificate will appear. Prays His Majesty to give further orders for his release. Annexed,
535. i. Certificate of Sir Henry Morgan. That at Martin's request he delivered on 24th November last the King's letter to Lord Vaughan to admit Petitioner to his office, but that he is still a prisoner in the gaol of St. Jago de la Vega. St. Jago de la Vega, 1677, Dec. 8. Two copies.
535. ii. Order of the King in Council. On above petition of Martin. That Lord Carlisle, Governor of Jamaica, on his arrival, cause Petitioner to be forthwith discharged from his confinement and restored to the full enjoyment of his office pursuant to his grant and His Majesty letters of 14th July and 28th September last. Whitehall, 1678, March 27. [Col. Papers, Vol. XL., Nos. 93, 93 i., ii.]
Dec. 22.536. Petition of Thomas Martin, Receiver of Jamaica to the King. Recites the proceedings on his previous petitions and prays His Majesty to recommend Petitioner to the particular regard of the Earl of Carlisle now going as Governor to Jamaica so that on his Lordship's arrival Petitioner may be effectually relieved and restored to his office "Read in Council 22 Dec. 1677." Also,
536. i. Order of the King in Council on preceding petition. His Majesty out of his princely compassion of the great sufferings and hardships Petitioner has undergone is pleased to grant his request and it is ordered that as soon as Lord Carlisle arrive in Jamaica he restore Petitioner to the full exercise of his office and assist him all that can be in the recovery of the profits and damages for his unjust imprisonment and great expense. Whitehall, 1677, Dec. 22. [Col. Papers, Vol. XLI., No. 136, and Col. Entry Bk., Vol. XXIX., pp. 177–179.]
Dec. 24.537. Colonel Francis Moryson to Sir Thomas Dolman, Clerk of the Council. Is glad to hear His Majesty has ordered Captain Gardner a reward for his eminent services. Is in favour of his having a reward, both his imprisonment and sickness were a great charge to him and loss to his owners in neglecting their service. 2 pp. [Col. Papers, Vol. XLI., No. 137, and Col. Entry Bk., Vol. LXXX., pp. 212–3.]
Dec. 24?538. "Memorial for my Lord Privy Seal in Capt. Gardner's business." Being abstract of his petition (see ante, No. 519.) That the Lords of Trade and Plantations agree to move His Majesty whether the 100l. to be paid to Gardner is to come out of the public stock of Virginia or out of his own treasure. [Col. Entry Bk., Vol. LXXX., p. 214.]
Dec. 27.
Whitehall.
539. The King to Colonel Herbert Jeffreys Lieutenant-Governor of Virginia. Refers to his letter of 25th August last, (see ante No. 391), and explains that Lord Culpeper's salary shall be paid out of the receipt of His Majesty's Exchequer here after the rate of 1,200l. a year since the time of Sir William Berkeley's death until 25th March next ensuing and that Jeffreys receive proportionably the like sum out of the pay appointed for the Governor of Virginia until 25th March. But that from and after that time vice versa, Lord Culpeper shall be paid wholly in Virginia and Jeffreys in England. He is not to intermeddle with the revenues in Virginia the King having granted all perquisites since Sir William Berkeley's death to Lord Culpeper. [Col. Entry Bks., Vol. LXXX., pp. 307–8, and Vol. XCV., pp. 235, 236.]
Dec. 27.
St. John's. (Antigua).
540. Journal of the Council and Assembly of Antigua. The whole Council and a new Assembly chosen. Ordered that the account of powder and impost of liquors be examined. Also that thirteen of the Assembly being in all 22 Members make a full House and not under. [Col. Papers, Vol. XXV., No. 55*.]
Dec. 30.541. Abstract of letter from Lieutenant-Governor Herbert Jeffreys to Colonel Francis Moryson. Impudent conduct of Robert Beverley since his departure in denying the authority of the Commission and calling all his proceedings unjust and illegal. Colonel Phillip Ludwel under restraint, so believes both may come home together. He shall have their accusations by the next. [Col. Papers, Vol. XLI., No. 138.]
Dec. 30.
Virginia.
542. Edward Rous to Secretary Sir Joseph Williamson. About ten days hence the Unity will sail with 400 of His Majesty's soldiers under his command for London. Begs for a Captain's Commission in the room of John Meoles deceased. 1 p. [Col. Papers, Vol. XLI., No. 139.]
Dec. 31.
Whitehall.
543. Secretary Sir Joseph Williamson to Mr. Ludwell. Is very glad to find him well arrived after so ill a passage, and writes this at the desire of some of Ludwell's friends on this side and to assure him that he (Williamson) is far from having entertained the least prejudice against him or any man, as to his person. Has heretofore fully explained himself on that subject. "I pray you know me better than to believe I have any other measure or rule in my judging or favouring of men in public station than their merits or demerits towards His Majesty and the service they are in, and that you shall ever find me just and punctual by the blessing of God to this principle." Shall be glad as there is occasion to hear from him, of the temper and condition things are in, and prays he will please to be impartial in it for the consequence such information may be to His Majesty's service. Alderman Jeffreys, our good friend, deserves too well of all good men to need much recommendation. [Col. Entry Bk., Vol. XCIII., p. 94.]