|
| Feb. 3. |
876. Answer of Randall Holden and John Greone to Lords
of Trade and Plantations in obedience to their commands of 29th
January signified by Mr. Blathwayt. The extent of land in
Mounthope is not much, it being a neck of land abutting upon the
sea and lying between Rhode Island and Plymouth, containing about
4,000 acres, and at present uninhabited. Conceive the value to be
4,000l., and the propriety to be in the King; that no Corporation
in New England has any right thereunto, it having lately belonged
to the Sachem Philip and been inhabited by him and his subjects,
who were wholly destroyed in the Indian war. Some of the
neighbouring colonies would pretend a right by conquest, but
conceive none can have a real title thereto but from the King.
Signed, Randall Howlden, John Greene. Endorsed, "Read the
6th of Feb. 1678–9." 1 p. [Col. Papers, Vol. XLIII., No. 11, and
Col. Entry Bk., Vol. LX., p. 329.] |
| Feb. 4. |
877. The Boston Agents to the Committee for Trade and
Plantations, in answer to their Lordships' directions of 15th January
on Mr. Mason's petition (ante No. 861). The whole matter having
been decided by the Report of the Lord Chief Justice, and
confirmed by the King in Council, and all parties being required
to acquiesce therein, we have received no further instructions and
have nothing in commission from those that are in possession of the
said lands to answer on their behalf, their claims being, however,
nowise quitted on that account. The northern bounds of Massachusetts are set forth in their charter, which, though they seemed
to them to intend a straight line drawn E. and W. from sea to sea,
three miles to the N. of the most northerly part of the Merrimack,
were retrenched by the abovesaid report, which allowed only three
miles to the N. by the side of the Merrimack. For that part of
Mr. Mason's claim that falls to the N. of their line the right to the
soil is not yet determined between the inhabitants (who have been in
possession about 50 years) and Mr. Mason and others who have
as good claims as he. Meantime the people of the four small
plantations on this tract (which are all that it is capable of,
notwithstanding Mr. Mason's large representation of 30 miles), not
being sufficient to be put under a separate Government, have
petitioned unanimously to be annexed to the Massachusetts. As
to what Mr. Mason challengeth within our northern bounds, those
lands are in the possession of particular persons who purchased the
right of the natives, subdued, planted, and builded upon them at
their own charge, conveyed them to one another, and have enjoyed
them for 50 years without any forbidding them at the first, or
interruption from any one until now. Mr. Mason can only set
forth his title on account of a bare grant of late produced from the
Council of Plymouth, uncertain in its boundaries, never pursued or
executed by livery of seizin made, which cannot be of force to
eject the inhabitants, and is a poor foundation to build the title of
sole proprietor of New Hampshire upon, a name not pretended to
bo in being till six years after the obtaining of the Massachusetts'
charter. Signed, William Stoughton, Peter Bulkeley. 2 pp. [Col.
Papers, Vol. XLIII., No. 12, and Col. Entry Bk., Vol. LX.
p. 332.] |
Feb. 5.
Boston. |
878. Governor Leverett to Secretary Williamson. The oath of
allegiance has been administered and freely taken throughout the
towns in Massachusetts. The Lord's hand bath been stretched forth
upon us in great mortality by fevers and the small-pox. Postscript.—Whilst this was writing, intelligence was brought of the
death of Colonel Jeffreys, late Governor of Virginia. 1 p. [Col.
Papers, Vol. XLIII., No. 13.] |
Feb. 5.
Whitehall. |
879. Instructions to John Harvey, President of the Council of
the County of Albemarle in the Province of Carolina. We (the
Proprietors) having agreed upon the model of Government to be
the fundamental constitutions and form of Government of our
Province of Carolina, but being unable to put it fully in practice by
reason of the want of Landgraves and Caciques and a sufficient
number of people, yet intend to come as nigh it as we can in the
present state of affairs:—1 and 2. You are therefore required to
issue out writs to the four precincts of the county of Albemarle, for
the election of five freeholders who are to be their representatives;
to these the five persons chosen by us (to represent for the
present the nobility) will be added, and will make up your
Assembly. They having chosen their Speaker, will be required by
you to elect five persons, which added to five more deputed by us
will form your Council. You will govern by the advice and
consent of this Council, or a majority thereof according to our
fundamental constitutions; and for the present this Council will
represent the Grand Council therein mentioned. 3. You will cause
all persons so chosen to swear allegiance to the King and to the
Government; if any man from religious scruples decline to
swear then he shall sign his name in a book provided for the
purpose, which signature shall be deemed the same with swearing.
Yourself and the five deputies of the respective Proprietors will
represent the Palatine Court of the grand model of Government
and exercise all its powers. 4. You will with consent of the
Council establish as many Courts of Justice as are necessary, till
our Grand Model can be put into execution. 5. You shall make,
with consent of the Council, such laws as you shall from time to
time find necessary, which laws being ratified by you and three
out of our five deputies shall be in force as provided in the 12th
Article of the Grand Model. You will also as soon as possible
cause the Surveyor-General to divide up the country into squares
of 12,000 acres, not to alter any man's right, but for the easier
enforcement of our Grand Model. 6. We grant to all free persons
that come to plant in Carolina before the 25th December 1684,
and are above the age of 16 years, 60 acres of land; and for
every able manservant with a good firelock, 10 lbs. of powder, and
20 lbs. of bullet, 60 acres; and for every other servant 50 acres.
7. On arrival of such persons you, being satisfied concerning them,
shall issue warrants to the Surveyor-General to lay them out a
parcel of land according to the rule aforesaid, which being returned
by him, and the people having sworn allegiance to King and the
Government, you will pass them a grant of land under the seal
provided for the purpose in the form following (form here set out
in full, rent 1d. per acre per annum, to begin from 29th September
1684). 8. Notwithstanding that 1d. per acre is the rent fixed by
our Grand Model, yet those who possess land by virtue of grants
from Sir William Berkeley at ¼d. per acre, quit rent, or from
ourselves at ½d., shall keep their land at the rent, and on satisfactory proof made to you. you will issue to them grants accordingly;
but such owners shall not be allowed the same time for the
beginning of the payment of their rent as the others. 9. You will
choose a fitting site for the chief town of Albemarle, having regard
to health, plenty, and access, and endeavour to get the Parliament
to raise wherewithal to build a house for the meeting of the Council
and Parliament: the Public Offices and the Courts shall likewise be
there. You will also get the Parliament to pass an Act that in no
store shall be kept strong drink, or any goods sold by retail save
in the said town, and you will cause all vessels that enter the
Albemarle River there to load and unload, as provided in our
Grand Model. 10. You, the President of the Council, will be
Commander-in-Chief of all the forces in the country; and 11,
will have power, with the consent of the majority of our deputies
to adjourn, prorogue, and dissolve Parliament. 4½ pp. [Col. Entry
Bk., Vol. XX., pp. 135–139.] |
| Feb. 6. |
880. The Boston Agents to the Committee for Trade and
Plantations. Answer to Mr. Crown's petition. Mounthope not
being in Massachusetts, and neither of them having been on the
place, cannot certainly inform the quantity thereof, but suppose it
may contain not above five or six thousand acres at the most.
Cannot acquaint their Lordships with the value of the tract, there
being no common rule in New England whereby to set a price
upon lands, especially such as are not inhabited or improved by
the English. Know in general that the soil of New Plymouth,
being mostly poor and barren, this neck of land is accounted one
of the best parts thereof, and was never doubted to be within the
bounds of that Colony; very probable it is that it will be disposed
of to particular persons before any notice of Mr. Crown's petition
will arrive there. Pray that the King may be informed that there
are no lands lying amongst them that are not clearly contained and
fully conveyed in the charters already granted, and that besides the
lands now vacant by removal of the Indians they have nothing else
to come into their hands towards the defraying of the vast charge of
the late war, whereby not only many families, but whole towns were
ruined, and the country extremely impoverished and brought into
debt. Are confident that, with these great sufferings on the place,
the losses of a particular person on other accounts and elsewhere
sustained could not stand in competition for the King's favour as
to the granting away of such lands. New Plymouth claims these
lands by former letters patent, and will be ready to make out her
title when required. Signed, William Stoughton, Peter Bulkeley.
Endorsed, "Read the 6th Feb. 1678/9." 2 pp. [Col. Papers,
Vol. XLIII., No. 14, and Col. Entry Bk., Vol. LX., p. 334.] |
| 6 Feb. |
881. Journal of Lords of Trade and Plantations. Edward
Randolph's petition read, praying their Lordships to consider his
answer concerning the Church of England referred to them by
order of 15th January, and to report the necessity of sending
an orthodox minister to New England. Their Lordships agree to
report that the Bishop of London be directed to appoint forthwith
some able minister to go and reside at Boston, and others from time
to time, as the country shall be willing to maintain; advise that
all persons taking the oath of allegiance and joining themselves to
the ministers thus appointed, and having obtained a certificate
from the minister and three of the congregation, shall be declared
as capable of all freedoms and privileges as any other person, and
that penalties imposed on such persons for not attending any other
public meetings of divine service be taken off. On reading the
petition of John Crown for the grant of Mounthope referred by order
of 24th January, report that letters be sent to the four New England
colonies requiring them to certify to His Majesty the extent, &c., of
Mounthope, His Majesty not having received any intimation of the
conquest or disposal of the country. |
|
The first personal grievance of Virginia, proved by oath before
His Majesty's late Commissioners, is read. Also letter from said
Commissioners to Sir William Berkeley protesting against the illegal
seizures made by him. Their Lordships think fit to report the
injustice of the seizure of the goods belonging to the petitioner
Alexander Walker, and that restitution be made by Berkeley's
executors if the same were seized after 16th January 1676–77, or
the surrender of West Point, which put an end to the rebellion.
Draft of instructions to be delivered to Lord Culpeper, who is
to attend on Monday next with his proposals. The latter part of
his Lordship's paper, presented 14th December last, is considered
in reference to the impost of tobacco, presents for the Indian
princes, a mace and sword for Virginia, and furniture for a chapel,
furniture for 200 dragoons and 50 horse with tents, an auditor,
and writs to be issued in the King's name. On reading Order
in Council of 30th October last (No. 821), their Lordships, looking
upon this declaration to be seditious and even tending to rebellion,
think fit that Lord Culpeper, at his arrival in Virginia, do signify
His Majesty's high resentment thereof, and inquire, with the
assistance of the Council, who were the authors and abettors of this
presumption. |
|
Two letters of 1st July and 11th September read from Lord
Carlisle at Jamaica. To be considered whether his Lordship had
power to admit Mr. Ball into the Council. As to the adjusting of
the logwood trade with the Spaniards, their Lordships think
nothing can be done at present, the Spaniards seeming resolved to
agree to no accommodation; nevertheless the matter to be made, if
possible, a part of the first treaty with Spain, and meanwhile to
be neither publicly allowed nor expressly discouraged. 7 pp.
[Col. Entry Bk., Vol. CV., pp. 295–302.] |
Feb. 6.
Whitehall. |
882. Order in Council on the Report of Lords of Trade and
Plantations. The Lords have taken such informations concerning
Mounthope as the Deputies of New England attending His Majesty
were able to give, but finding they do not give any positive or
concurrent account of the extent, value, and propriety of the said
lands, advise that letters be sent to the four colonies requiring
them to certify with all speed the true extent, value, and propriety
with the grounds of their respective claims, His Majesty having
not as yet received the least intimation from any of the said
colonies concerning the conquest, claim, or disposal of the said
country. Signed, Anglesey, Essex, Craven, Aylesbury, H., London,
6 Feb. 1678/9. Report approved. Ordered, that the matter therein
contained be added to a letter now preparing for His Majesty's
signature to be sent to New England. 3 pp. [Col. Entry Bk.,
Vol. LX., pp. 336–338.] |
| Feb. 7. |
883. H. Slingesby to the Lords of Trade and Plantations. In
reference to the Earl of Carlisle's desire to erect a mint in Jamaica,
would call attention to a report made by the Earl of Southampton
to the King and Privy Council on 14th November 1662, and in
particular to one clause advocating an uniform standard in weight
for the coinage, and deprecating any debasement thereof. Nevertheless, if Lord Carlisle can raise three or four thousand pounds in
Jamaica itself, for the expense of buildings and engines, and a
thousand pounds at least annually for repairs and for salaries of
officers, is most ready to offer his services towards the establishment of a mint according to the standards, rules, and orders of the
mint in England. Signed. Endorsed, "Recd and Read 8th Feb.
1678/9." [Col. Papers, Vol. XLIII., No. 15, and Col. Entry Bk.,
Vol. XXIX., p. 254.] |
| Feb. 8. |
884. Journal of Lords of Trade and Plantations. Mr. Slingesby
presents his report on the proposed mint at Jamaica, giving, besides
his own opinion that the question is of dangerous consequence, a
previous report of 14th November 1662, by the then Lord Treasurer
about a mint in Ireland. Ordered, that extracts be made from the
Council book of such papers as relate to a mint, to be sent to Lord
Carlisle together with the report. 1½ pp. [Col. Entry Bk.,
Vol. CV., p. 302, 303.] |
Feb. 8.
Whitehall. |
885. The Lords Proprietors of Carolina to the Governor and
Council of the Province of Albemarle. We had commissioned
Mr. Seth Southell to be your Governor, and did not doubt but by
his prudence he would have remedied the disorders among you and
established good government, but he being taken by the Turks and
carried into Algiers we have appointed Mr. John Harvey to be
president of the Council until his arrival. Herewith we send you
our instructions (ante No. 879), our temporary laws, and our
fundamental institutions; and we look for your utmost endeavours
to settle order and quiet among you, and we hope that we shall not
be constrained to use force to reduce the seditious to reason. 1 p.
[Col. Entry Bk., Vol. XX., p. 140.] |
| (Feb. 10.) |
886. Petition of William Downing, on behalf of the inhabitants
of Newfoundland, to Lords of Trade and Plantations. The
prohibition to transport any men but those of the ship's company
to Newfoundland was brought to the King's notice, as being
detrimental to the Colony, as far back as January 1677, and the
matter was then referred to their Lordships for regulation. The
Colony is at present so naked of defence that it could not oppose
any foreign enemy. The King's interest is in danger to be lost,
the fishing trade to be discouraged, and the inhabitants to be not
only disturbed but supplanted for want of government, a minister,
and fortifications. There are several ports so well fortified by nature
that a little art would make them inexpugnable. Owing to the
embargo imposed by the King on all fishing ships in February 1677,
no vessels went last year to Newfoundland to carry the necessary
supplies for the inhabitants. Nevertheless, eighteen ships belonging
to some western owners did, contrary to the said embargo, go to
Newfoundland, where, finding the coast clear, they did great damage
by pulling down stages and making havoc of the timber belonging
to other shipping, which waste they scandalously impute to the
inhabitants. Prays that their report may be expedited and may
remedy these grievances. Endorsed, "Read 10 Feb. 1678–9." 1 p.
[Col. Papers, Vol. XLIII., No. 16.] |
Feb. 10.
Council Chamber. |
887. Lords of Trade and Plantations to the King. Report on
petition of Elizabeth Dudley, widow of William Dudley, senior, of
Middlesex County, Virginia. The late William Dudley took the
oath imposed by Nathaniel Bacon, under force, but never did any
mischief, and was included in His Majesty's pardon. But before
he could obtain the benefit of it the Governor Sir William Berkeley
took from him a bill of obligation to pay fifteen hogsheads of
tobacco by way of composition for his pardon, which were
accordingly seized in March 1677. The story is confirmed by the
bill itself produced by the Petitioner, and the case was recommended
to the King by the late Commissioners. As the Royal proclamation
of pardon was made 20th October 1676, Sir William Berkeley's
Act was in derogation of that gracious pardon; and the Lords
therefore advise that the tobacco should be restored to the dead
man's assigns, that the Petitioner may not be deprived of the full
benefit of the Royal pardon on any pretence whatever. Draft.
[Col. Papers, Vol. XLIII., No. 17, and Col. Entry Bk., Vol. LXXX.,
pp. 276–278.] |
Feb. 10.
Whitehall. |
888. Journal of Lords of Trade and Plantations. On Order of
Council of 26th July last (which see), on petition of Morris, Pryn,
and Consett, that His Majesty grant them double the sum
expended by them in extraordinary charges, and cause their
names to be lodged in the Admiralty as deserving persons to
serve His Majesty. Answer of Sir John Berry and Colonel
Moryson concerning the present Council in Virginia read, names
of persons to be proposed as fit to serve His Majesty in that
trust. As to Colonel Francis Willis and Colonel Jos. Bridger
their Lordships will make further inquiry concerning their ability
and deserts. Colonel Ballard, Colonel Phil. Ludwell and Colonel
Bray to be excluded out of the Council. Major Robert Beverley
and Colonel Edward Hill "of evil fame and behaviour" to be put
out of all employment and declared unfit to serve His Majesty.
Consideration of grievances from several counties; also of petition
of Elizabeth Dudley, her tobacco or the value thereof forced from
petitioner by Sir William Berkeley for her husband's pardon to be
restored to her. Agreed, that all injuries committed since 16th
January 1676–77 be redressed; and for those complaints of injuries
done by Sir William Berkeley or his order during the rebellion, unto
such as continued loyal, their Lordships will take them into
consideration as they shall offer, and will recommend the case of
William Carver for restitution of his estate unto Lord Culpeper. |
|
Order of Council of 24th January (ante, No. 867) read,
respecting the representation of the Commissary of the Dutch West
India Company on the piratical seizure of the ship Sun. After
examination of evidence, resolved that Lord Carlisle be instructed,
on delivery of said evidence, to hand over the bond for the value
of the stolen goods to the agent of the Company in Jamaica. |
|
Petition of Réné Petit (see Nos. 918, 919) read, praying that
fourscore Protestant families skilled in the manufacture of
silks, oils, wines, &c., may be transported to Carolina in two of
His Majesty's small ships; and that 2,000l. to be advanced for this
undertaking may be reimbursed upon the first moneys accruing to
His Majesty's customs by import into England of the commodities
of that Plantation. Their Lordships desire the consent of the
Lords Proprietors of that province, as far as they are concerned
therein before making their report. 5 pp. [Col. Entry Bk.,
Vol. CV., pp. 304–308.] |
Feb. 12.
Whitehall. |
889. The King to Sir Jonathan Atkins, Governor of Barbadoes.
That he forthwith cause Edwyn Stede, Agent for the Royal African
Company in Barbadoes, to be sworn one of the Council "of that our
island." [Col. Entry Bk., Vol. VI., p. 238.] |
| Feb. 12. |
890. The King to the Governor and Magistrates of Massachusetts. Describes the proceedings about the Narragansett
country and the King's province; requires them to take care that
all things relating to it be left in the same condition as they have
been as to the possession and Government thereof, and that
claimants to it send over properly instructed agents to make their
right appear, in default whereof the King will take measures for
settlement and government. Desires them to certify what right
any of the Colonies have to Mounthope, its size, value, &c., in view
of the petition put forward by John Crown. Cannot but take notice
that no account has been received from them or the other Colonies
of the conquest of that county, not doubting but for the future they
will be more careful to advertise him or the Privy Council of matters
relating to his prerogative and authority. Signed, Sunderland.
Note.—The like letter was sent to the other three Colonies, Rhode
Island, New Plymouth, and Connecticut. 5 pp. [Col. Entry Bk.,
Vol. LX., pp. 338–342.] |
| (Feb. 18.) |
891. Petition of John Thornbush of London, Merchant, in
behalf of Lieutenant-Colonel Augustine Warner, now resident in
Virginia, to the King. Setting forth the seizure in September 1676
by Captain William Bird of Henrico County, of goods from petitioner's house in Abbington Parish to the value of 1,000l., for which
he has obtained judgment with costs, and praying that said Captain
Bird (being a notorious offender) may be excepted from the Act
of Indemnity now obtaining, whereby petitioner may have his
course of law against him. With
|
|
Reference to the Lords of Trade and Plantations for their
Report thereon. Whitehall, 1678–79, February 12. "Read at
the Committee 18 Feb. 1678–9." [Col. Papers, Vol. XLIII.,
No. 18, and Col. Entry Bk., Vol. LXXX., pp. 264, 265.] |
| (Feb. 18.) |
892. Petition of Robert Mason to Lords of Trade and Plantations. Prays that the disclaimer of the Massachusetts Agents to
New Hampshire be reported to the King, to move the King to
declare the Massachusetts usurpation thereof to be illegal, and
to command the inhabitants of the province to receive the petitioner as their true and lawful proprietor. Signed. Subscribed,
"Read 18 Feb. 1678." 1 p. [Col. Papers, Vol. XLIII., No. 19.] |
Feb. 18.
Whitehall. |
893. Journal of Lords of Trade and Plantations. Answer of the
Massachusetts Agents to Mr. Mason's petition and Mr. Mason's reply
read; the parties called in and the papers again read. Their
Lordships agree to advise that His Majesty declare void the
pretensions of the Massachusetts to lands north of their line or to
any between their north bounds and the Naumkeck River, and
command the inhabitants of the lands between the Piscataqua and
the Merrimack to acknowledge Mr. Mason as their proprietor,
unless they can make out any title to the contrary before His
Majesty in Council; the inhabitants of the lands between the
Naumkeck and the Merrimack not to be disturbed till directions
for their making out their titles before the proper judicature in
New England. |
|
Several heads of instructions for Lord Culpeper are read and
approved; such as relate unto the Church being put off till Thursday
next. Agreed, to move His Majesty that some men of war be appointed
to cruise off the channel to protect a considerable fleet of homeward
bound ships from the Algerines. On reading petition of Colonel
Augustine Warner to except Captain Bird, one of the late rebels
in Virginia, out of the Act of Indemnity which is preparing, by
reason of petitioner having obtained a judgment of 1,000l. against
him, it is referred to the Attorney-General. [Col. Entry Bk.,
Vol. CV., pp. 309–311.] |
Feb. 18.
St. Jago de la Vega. |
894. Governor Lord Carlisle to Secretary Coventry. We have
strange reports of plots and conspiracies in England. I have lost
no opportunity of telling you all that passes here, and am much
troubled that your despatch of the business of this Island should
have been hindered by disorders at home. Your duplicate of
16th November last is the first I have received from you since my
arrival, and all, except one from the King of 15th July, A fortnight
since five men of His Majesty's Ship Jersey were tried for
sodomy, and four found guilty and sentenced to die, whereof I
suffered but one to be executed, viz., Francis Dilly, who appeared
to be the chief ringleader. The other three I have pardoned,
white men being scarce with us. I desire you to move the King
herein in the disbandment of the army; all tradesmen coming hither
much advance themselves and improve the Island, which advances
the King's interest both here and at home. Exposing myself late
one evening in the Savanna to the north wind, I took cold, which
hath occasioned the gout gently to visit me for some days, but it
is going off again. I desire your ordering Mr. Field to take abstracts
of my letters, that no concern of this place slip your memory
charged with a crowd of important affairs. [Col. Entry Bk., Vol.
XXIX., p. 288.] |
| Feb. 18. |
895. Journal of the Assembly of Barbadoes. Put to the vote
whether an additional Act for securing the possession of negroes
and slaves pass as now read and passed this House 2nd of October
last, or with the amendments made by his Excellency and Council.
Passed unanimously as it was formerly passed. |
| Feb. 19. |
Three Acts to continue the Acts of the Militia, to continue the Acts
of the Excise, and for preventing dangers which may happen from
Popish recusants, passed unanimously. Adjourned to 18th March.
[Col. Entry Bk., Vol. XIII., pp. 335, 336.] |
Feb. 19.
[Barbadoes.] |
896. An Act for the more effectual putting in execution a
statute of England intituled "An Act for preventing dangers which
may happen from Popish recusants." [Col. Entry Bk., Vol. XV.,
pp. 103, 104.] |
| Feb. 19. |
897. Warrant of the Lords Proprietors of Carolina. Appointing
Robert Holden, Receiver General, Receiver of Rents, and Escheator
General of the County of Albemarle in Carolina. Signed,
Albamarle, G. Carteret, Shaftsbury, Craven, P. Colleton. 1 p.
[Col. Entry Bk., Vol. XX., p. 133.] |
| (Feb. 19.) |
898. Instructions to Robert Holden from the Lords Proprietors
of Carolina. You are responsible for wrecks, ambergris, and other
"ejections of the sea," as well as rents, and will receive 10 per
cent. of all receipts and recoveries for your pay. You are also to
explore and obtain intelligence of new nations, countries, mines,
and precious stones, and ascertain the number of fighting men of
such nations; and you will receive 20 per cent. of any trade
discovered by you with any nations, either amongst or beyond the
Apeletian Mountains. Signed as the preceding. [Col. Entry Bk.,
Vol. XX., p. 134.] |
| Feb. 20. |
899. Minutes of the Council of Antigua. Present, Colonel
James Vaughan, Governor, and eight of the Council named (ante,
No. 871). Having regard to a late precedent of his Excellency
in relation to the appointing storekeepers, resolved, that such
choice ought to rest only in the Governor of this Island. Also,
that for this year all Jury Courts of Common Pleas be held
according to the former method in March, May, and June, and
next year in April, May, and June, and so to continue annually,
allowing all persons free admission for preferring complaints for
debt, besides the benefit of two other Courts of Complaints annually
in March and July. 1 p. [Col. Papers, Vol. XXV., No. 55*,
p. 763.] |
Feb. 21.
Whitehall. |
900. Order of the King in Council on Report of the Lords
of Trade and Plantations. On the case of the Golden Sun
(see ante, No. 867) we are of opinion that the Governor of
Jamaica should be instructed that as soon as the proper evidence
shall have been produced by the Agent for the Dutch West
India Company in Jamaica, Sir Thomas Modyford, and by
Richard Braine, the Judge of the Admiralty Court, the bond
entered into by the said Braine for repayment of the proceeds
of the sale of the negroes be delivered to Sir Thomas Modyford.
Signed, J. Bridgewater, Sunderland, Ailesbury, Craven, Clarendon,
H. Coventry. Ordered, that the Earl of Carlisle be instructed to
proceed accordingly. [Col. Entry Bk., Vol. XXIX., p. 264.] |
Feb. 21.
Whitehall. |
901. Order of the King in Council on Report of the Lords of
Trade and Plantations. Respecting Lord Carlisle's letter of 14th
August 1678 (see No. 779). We are of opinion that nothing in the
clause of the Militia Bill complained of can be departed from
without great prejudice to the Royal authority, and therefore
recommend that Lord Carlisle be ordered to insist thereon, as
essential to the trust reposed on him. In the matter of the erection
of a mint, we have consulted the officers of the Mint, and recommend reference to Lord Southampton's report, &c. (see above,
No. 883), and that if Lord Carlisle provide the necessary moneys the
Rules and Standards of His Majesty's Mint be taken for Jamaica.
Signed, Ailesbury, J. Bridgewater, Clarendon, Craven, Sunderland,
Henry Coventry, 8th February. Ordered, on this report, that the
particulars relating to the Mint be communicated to Lord Carlisle
that he may govern himself accordingly. As for the clause of the
Militia Bill His Majesty will consider further thereof. [Col.
Papers, Vol., XLIII., No. 20, and Col. Entry Bk., Vol. XXIX.,
p. 257.] |
Feb. 21.
Whitehall. |
902. Lords of Trade and Plantations to Governor Lord Carlisle.
Instructing him to proceed according to Report and Order in Council
of same date (ante, No. 900), for restoring to the Dutch West India
Company the proceeds of the sale of their negroes piratically seized
by Captain James Browne. Signed, Worcester, J. Bridgwater,
Sunderland, Craven, Clarendon, Fauconberg, H. Coventry. [Col.
Entry Bk., Vol. XXIX., p. 268.] |
Feb. 22.
Whitehall. |
903. Lords of Trade and Plantations to Governor Lord Carlisle.
Referring to his letter of 14th August (see ante, No. 779) respecting
erection of a mint in Jamaica. Answer in the terms of Mr. Slingesby's
letter of 7th February (see ante, No. 883). Signed, J. Bridgewater,
Clarendon, Craven, Sunderland, Worcester, Henry Coventry. [Col.
Entry Bk., Vol. XXIX., p. 261.] |
| (Feb. 22). |
904. Edward Randolph to the Lords of Trade and Plantations.
Proposals for the better establishing the King's authority in New
England, that the King's commands of June 1662 sent to the
Massachusetts be duly observed; (1) that the number of magistrates
be not fower than 18; (2) that all laws repugnant to the laws of
England be declared void, and no law for the future be valid till
confirmed by the King in Council; (3) that all inhabitants taking
the oath of allegiance (as directed in the King's letters of April last)
be admitted freemen, and all that refuse the oath be ipso facto made
uncapable of voting or acting as freemen; (4) that for present
security from foreign or Indian invasion, till the King appoint a
General Governor, that Josiah Winslow (late General of the United
Forces in the Indian War), be appointed Major-General of the
whole plantation, that John Winthrop, Majors Dennison, Savage,
Bradford, Treat, Talcot, Shapleigh, Cranston, Phillips, Captains
Champernoun, Saltonstall, Holden, Green, Richard Smith and
Sandford, be constituted Deputy Lieutenants to settle the Militia
and to give out Commissions for the future only in the King's name.
Signed. Subscribed, "Read 22 Feb. 1678/9. Referred to Sir Robt.
Southwell." 1 p. [Col. Papers, Vol. XLIII., No. 21.] |
| Feb. 22. |
905. Journal of Lords of Trade and Plantations. On the desire
of the Lord Treasurer that the Committee would consider a paper
of Mr. Randolph's concerning the Customs in New England,
Mr. Randolph is called in, and offers another paper containing
several points necessary towards the reducing that people to their
due obedience, which he prayed might be forthwith considered
that he might be the better enabled to pursue his instructions.
Their Lordships order the papers to be put into the hands of Sir
R. Southwell to consider what points are to be agreed for
Mr. Randolph's despatch and what for the General Report. [Col.
Entry Bk., Vol. CV., p. 312.] |
| Feb. 24. |
906. Journal of Lords of Trade and Plantations. The Boston
Agents, attending by order on an information that they were
preparing for their departure to New England contrary to His
Majesty's commands, and assuring their Lordships that they had no
other intention than to attend His Majesty's orders, are assured on
their request to be despatched after so long attendance, that no time
would be lost, but that their stay had been occasioned by their not
complying with the directions of the Committee on several
particulars, which they were ordered to transmit to their principals,
as appeared by the minutes of 17th July 1677 and 8th April 1678.
The Agents denied that they had received any other orders than
such as had already been effectually complied with in their Colony,
the law against the keeping of Christmas having been repealed, the
Acts of trade enforced, and the oath of allegiance taken. Their
Lordships, being unwilling to enter further on this matter, tell the
Agents to attend till His Majesty's further order. |
|
Draft of an Act of Indemnity for Virginia being presented to the
Committee their Lordships think fit to refer it to Mr. AttorneyGeneral. [Col. Entry Bk., Vol CV., pp. 313, 314.] |
Feb. 24.
St. Jago de la Vega. |
907. Governor Lord Carlisle to Secretary Coventry. Since the
18th a vessel has arrived from Montserrat, bringing over some
25 persons of a family belonging to Captain Carryl, a planter
of considerable condition in that Island. He is now settled here,
and complains to me that it was only with difficulty that his wife
got off with this part of his family, there being an Act there that
no family shall remove from thence owing to the desire of many
families to be transported to Jamaica. Surely it was the King's
desire that the inhabitants of St. Christopher's should be encouraged
to move to Jamaica, and it will greatly improve his interest in this
place if people be permitted to leave other islands where they are
constantly in apprehension, and live here in security. Pray move
the King in the matter that I may know his pleasure. [Col. Entry
Bks., Vol. XXIX., p. 290.] |
| Feb. 26. |
908. Lords of Trade and Plantations to [the Attorney-General].
Requesting his report upon a draft of an Act of Indemnity for
Virginia, prepared by His Majesty's Order in Council, whether it
be agreeable to same and in a legal form, and desiring him to
make such alterations as he shall find necessary. Draft. [Col.
Papers, Vol. XLIII., No. 22.] |
| Feb. 26. |
909. Deposition on oath of Major Robert Bristow, late of
Virginia, but now of London, merchant. That upon delivery up
of West's Point the rebels laid down their arms and dispersed
themselves; that Sir William Berkeley and his party then came
ashore and went to Green Spring, and afterwards caused several
persons' estates to be seized, including a parcel of tobacco belonging
to Alexander Walker of Virginia. [Col. Papers, Vol. XLIII.,
No. 23.] |
| Feb. |
910. Memorandum that the Committee for Trade and Plantations, having received the opinion of Mr. Attorney-General, agree
on a proviso to be inserted in the Act of Oblivion, whereby all
judgments given until the 24th of April 1679 for spoils committed
during the rebellion are to remain in force; which Act His Majesty
was pleased to approve in Council. [Col. Entry Bk., Vol. LXXX.,
p. 265.] |
| Feb. 27. |
911. Mem.—Upon reading an Act received from Sir Jonathan
Atkins on 12th January 1678 for His Majesty's confirmation,
enabling Thomas [sic, Benjamin] Middleton, of Barbadoes, to sell
his estate for payment of debts, their Lordships ordered a letter to
be sent to Mr. Attorney-General. |
|
Sir Robert Southwell to Mr. Attorney-General. That said
Thomas Middleton died seised of a considerable estate, but clogged
with great debts, so that his son and heir, Benjamin Middleton, was
disabled from selling any part of said estate. Wherefore it was
found reasonable to pass an Act to enable the son to sell so much
as might discharge the incumbrances, which Act has been sent over
for His Majesty's confirmation. Their Lordships desire him to see
if anything in point of form be incongruous or fit to be objected
against. With Mem.—"I have perused the said Act and have
nothing to object against the same." 1 p. [Col. Papers, Vol. XLIII.,
No. 24, and Col. Entry Bk., Vol. VI., pp. 253–255.] |
| Feb. |
912. Memorandum of the Lords of Trade and Plantations. As
the Lords have been diverted by the multiplicity of affairs in
Parliament and prosecution of the Plot, from offering such regulations as may be thought fit for bringing the Massachusetts to a
due acknowledgment of their duty and dependence on His
Majesty, and as the two Agents here pretend that they are not
instructed to anything besides Mr. Mason's complaints, and that
their domestic affairs very much press their return, it is offered
that the Boston Government be ordered to send over two other
Agents fully instructed to answer the misdemeanours imputed to
them, and to attend the King's farther commands in the affairs
now depending relating to that Colony. And as liberty of
conscience has been the pretence for settling and maintaining that
plantation, it is suggested that all penalties imposed for not
resorting to the congregation of the churches, and submitting to
that ecclesiastical Government be taken off; that the free exercise
of religion established in England be permitted and countenanced;
that there be no other distinction in making freemen than that
they be of competent estates (viz., rateable at 10s. according to
their law), and that all such be made capable of the magistracy;
that all military commissions and public proceedings run in the
King's name; that as the province of Maine has been secretly
conveyed from the true proprietor and disposed of to particular
persons within that Colony without the King's participation or
consent, the Massachusetts be ordered to send an account by their
agents how the propriety and government of that province doth
stand at present; that a Committee be appointed to settle
Mr. Mason's pretensions; that New Hamphire, remaining without
any lawful government, certain of the chief inhabitants, according
to the Commissioner's Settlement in 1665, be commissionated and
appointed as His Majesty's Counsel, to take care of the government until further order; that the King's pleasure in all these
things be signified in a letter to be carried over by the Agents that
are here; that no person be admitted to any office in the Colony
without first taking the oath of allegiance. Draft. Endorsed,
"Present E. of Sunderland, E. of Essex, V. Fauconberg, V. Halifax,
Mr. Sec. Conventry." 3 pp. [Col. Papers, Vol. XLIII., No. 25.] |
