America and West Indies
June 1679

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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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371-384

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'America and West Indies: June 1679', Calendar of State Papers Colonial, America and West Indies, Volume 10: 1677-1680 (1896), pp. 371-384. URL: http://www.british-history.ac.uk/report.aspx?compid=69990 Date accessed: 26 October 2014.


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Contents

June 1679

June 1.
Nevis.
1013. Governor Stapleton to Lords of Trade and Plantations. Sends map of Antigua, the one thing wanted to complete the answers to their Lordships' questions (see ante, No. 741), and begs that his answer to the 12th question may be awarded according to the map, which shows the acreage of the Island to be smaller than he represented. Must also amend his answer respecting the strength of effective men in Martinique, which is nothing near what he was informed, and does not exceed 1,700 men. This he knows through an officer sent to Martinique for the purpose of ascertaining, though ostensibly with a different object. Fort Royal, Martinique, is very strong. In Guadaloupe they can raise no more than 1,200 men; the account of these islands is good, for all Stapleton can contradict. There is report that Comte de Blenac is to go home, and Comte d'Estrées to come out as Viceroy. 1 p. Recd. 1 Aug. 1679. Read 1 Oct. 1679. [Col. Papers, Vol. XLIII., No. 68; Col. Entry Bk., Vol. XLVI., p. 361.]
June 2.
Whitehall.
1014. Secretary Coventry to Governor Lord Carlisle. I have received many letters from you, but the business in Parliament and about the plot hath so entertained us that we have had no time to deal with your business till now. An Order in Council accompanies the packet which will show you the King's wishes more clearly. I heartily hope that you will persuade them to accept the King's proposals, and not think that their freedom as Englishmen is violated by being governed as Ireland is. The qualities and estates of the King's subjects in Ireland are doubtless much superior to those of Jamaica, and Irishmen are quite as careful to conserve their liberty. Your last letter of 20th March received; I will do all I can for your satisfaction. 1 p. [Col. Entry Bk., Vol. XCV., p. 298.]
June 6/16.
rbadoes.
1015. Governor Sir Jonathan Atkins to Lords of Trade and Plantations. Are all in good concord one with another, well resolved and as well prepared for their own defence. Have been sometime without any noise of the French, but has just heard that twelve French frigates and two fireships have arrived at Martinique from Brest very full both of soldiers and seamen. Has lately received a message from the Governor of Surinam that they are in great misery through the Indians, who had most barbarously killed many of their men, women, and children, and destroyed their plantations and works, so that the people were forced to quit them and are ready to starve; and if some speedy course be not taken for their relief they must abandon the place. The overture was made to him that if he would lend men to help defend them, they should be well paid, and if in ten months they were not relieved they would deliver the place and people to His Majesty, and if this were refused they should be forced to make the same offer to the King of France. Has laid this before their Lordships to present to His Majesty. 2 pp. [Col. Papers, Vol. XLIII., No. 69; and Col. Entry Bk., Vol. VI., pp. 287–289.]
June 6.1016. Order of the King in Council. That the Lords of Trade and Plantations consider how far the present allowances for maintenance of the government in the Colonies of America may be reduced with convenience to His Majesty's service. Signed, Philip Lloyd. [Col. Papers, Vol. XLIII., No. 70; and Col. Entry Bk., Vol. XCVII., p. 62, and Vol. LXXX., p. 356.]
June 10.
Boston.
1017. Robert Holden to the Commissioners of the Customs. Since his arrival at Boston (on his way for the county of Albemarle in Carolina wherein he holds their Honour's Commission for the collection of Customs), having met with divers information tending to his place there and the frauds used by the traders about tobacco transported thence to this place and elsewhere, it is his duty (and " by the greatest in junctive tie devised") to give in formation thereof. About half-a-dozen traders of this place with their complices receive the greatest part of the production of tobacco in Albemarle county, and by a person whom through their interest with the people they have factiously made one Collector of Customs, one Mr. Culpeper; by which means they and he have played such notorious pranks that a people and Customs' treasure were never more " infatuated, cheated, and exhausted by the current late receive stamp in these parts of New England Christian Policy. And as the tobacco trade current causeth their concourse thither and their ways to 'leniate,' the impost resteth not there, for from thence brought thither they have liberty without further examination to carry the same to Ireland, Holland, France, and Spain or any other place under the notion of fish and such-like goods, by which the trade is so diverted from the true rules of commerce that traffic in this western world must be monopolized in this commodity only to New England, and the rest of His Majesty's people so trading must become Bostonized or relinquish dealings if special care is not had." The Canary trade is in like nature carried on. Ships load wines there, touch at Madeira or some other of the western islands, and there take about a tun of their wines which they put in the hatchway coming home. "From whence your ship?" "From Madeira with their lading, wines"; and "so draw of the upper casks for a taste, and the whole ship under this notion is 'unlaided 'without further inquiry." Was told this by one who sailed in a ship that practised it. The Scottish trade by the like "legerdemain jugles" is driven. A ship touches at Newcastle, Berwick, and Poole, takes in coals or some slight goods, goes for Scotland and there receives great quantities of linen and other Scottish goods, and coming here by her English clearings at the above-said port, passes for current without further inquisition. The French, Spanish, and what-country-else European trade passeth home under the pretence of French or Spanish salt, &c., by which from France they import all that country wares, as linen, wines, "rubans," silks, &c.; from Spain wines, fruits, oil; from Portugal the like goods, &c.; they transport from hence under the notion of fish to all these places what will turn to account. " Here is just now a ship returned from Madagascar, by the way put several negroes on shore at Jamaica having touched at several parts of East India, and, besides, has brought 'elephant teeth.' Where she got them knows not; she hath been a year and half out. The fame that this place hath borne in this W. part of the world as well as elsewhere in this article makes me somewhat degress about their church government and integrity of life, in brief, is now almost wholly devoured with Christian Policy of New England, by which means they have made their adoration their prime best commodity of merchandise and their zeal their chief broker, as their occasions and affairs in the world shall require, that these two now may pass for the grand cheats of the world." Has thought it his duty to advise that their irregular courses may be prevented, without which not only many of His Majesty's liege people will be oppressed, but his masters the lords proprietors of Albemarle will through their interest of trade there be kept in faction and rebellion, as now it is and for several years has been, and they the cause wholly that their Lordships' government cannot take place. Would like to have a copy of the King's proclamation of 24th November in the 27th year of his reign, relating to European wares and merchandise, and all the proclamations tending to His Majesty's Customs. Postscript.—Shall depart in two or three days for Albemarle, having been 10 days here. Endorsed, "Recd. 2 March 16 79/80." 5 pp., very neatly and clearly written, leaving no doubt of the writer's sobriety. [Col. Papers, Vol. XLIII., No. 71.]
June 10.1018. Journal of the Assembly of Barbadoes. Ordered, that petition of Elizabeth Norris, widow, be considered at their next sitting, and that petitioner then appear. Having information from Captain Johnson, Dutch Commander of a vessel lately arrived, that he had seen at Martinique twelve French ships of war with fireships a few days since, resolved to address his Excellency and Council that speedy care be taken for the safety and preservation of this Island. The address. Ordered, that John Hallett, treasurer, pay out of the excise on liquors imported to John Higinbotham, clerk of the Assembly, 10,000 lbs. of Muscovado sugar for six months' salary, and to John Forbes their marshall, 1,500 lbs. for six months' salary.
June 24.An Act to revive and continue an Act for securing the possession of negroes and slaves passed. Ordered on petition of William Phillipps, surgeon, that the treasurer pay him 1,400 lbs. of sugar for the care of two poor men wounded while on duty at Austin's Bay, certified by Colonel Christopher Lyne. Ordered on petitions of Samuel Brunts and Edward Hunt, agents to Abraham Tillard & Co., that they be allowed duty on three pipes of wines unfit for sale, and that Valentine Trim be allowed the duty on a quantity of ale turned sour and unfit for sale.
June 25.An Act for speedy collecting arrears of levy for finishing the fortifications passed. Ordered that Lieutenant-Colonels Alexander Rudduck and Thomas Jolly appoint sufficient persons to watch for the approach of any number of ships, and the treasurer to pay their wages not exceeding twenty shillings per month for each man. Also that he pay Richard Tewder 5l. sterling for accommodation of the Assembly's offices since July last, and the balance due for "a parcel of arms" received from Robert Chaplin in London at his Excellency's request with interest at the rate of ten per cent. per annum for the delay of payment. Adjourned to 8th July. [Col. Entry Bk., Vol. XIII., pp. 346–351.]
June 12.
Whitehall.
1019. Journal of Lords of Trade and Plantations. On further consideration of the refusal of the French to ratify the West Indian Treaty of Neutrality (see ante, No. 1010) their Lordships agree to report that a project be prepared, pursuant to the treaty transmitted by Colonel Stapleton, including Barbadoes and Jamaica; and whereas it is thereby provided that all things be confirmed which have been done in virtue and explication of the Treaty of Breda, whereby the French may pretend that all things they have done in wrong of the English stand good, that that clause be left out and a new one inserted to the effect that satisfaction may be fully done according to that Treaty.
On the Order of 6th June 1679 to consider whether the expense of maintaining the Governments of the Plantations could be reduced, their Lordships agree to report that the allowances to Colonel Stapleton and the two companies of foot should be continued by reason of the neighbourhood of the French. Mem.—On the 16th June the establishment of Virginia, amounting to 6,040l. 10s., recommended to be continued, and all other charges taken off. [Col. Entry Bk., Vol. CVI., pp. 18–20.]
June 13.
Whitehall.
1020. Order of the King in Council. That, in pursuance of the Report of the Lords of Trade and Plantations, no part of the charge for supporting the Leeward Islands be retrenched, and no part of the allowances now made to Colonel Stapleton and the two foot companies under his command be reduced. Signed, Phi. Lloyd. [Col. Papers, Vol. XLIII., No. 72, and Col. Entry Bk., Vol. XLVI., p. 360.]
June 13.
Whitehall.
1021. Order of the King in Council on Report of Lords of Trade and Plantations. The Lords have been attended by Captain Joseph Crispe to solicit the ratification of the Treaty of Neutrality lately concluded by Governor Stapleton and the Count de Blenac. On review of his petition (see post, No. 1032) the Lords advise that a treaty of neutrality pursuant to that aforementioned be negotiated with the King of France, with the addition of Barbadoes and Jamaica to the Leeward Islands, wherein provision may be made for the restoration to His Majesty's subjects of all that rightfully belongs to them by the Treaty of Breda. In the matter of expense the Lords cannot advise any retrenchment of the charge hitherto allowed for the Leeward Islands. (Report dated 12th June and signed Anglesey, Bridgewater, H. Coventry, Shaftesbury, Sunderland.) Ordered thereupon, that Mr. Secretary make application for such a treaty to the French Ambassador, and that the Lord President, Lord Privy Seal, Lord Chamberlain, and the Principal Secretaries of State, or any three or more of them, be empowered to negotiate the same. [Col. Entry Bk., Vol. XLVI., pp. 358–360.]
June 18.
Whitehall.
1022. Order of the King in Council. On report of Committee for Trade and Plantations respecting the allowances settled by His Majesty for support of the Government in Virginia, the establishment is as follows:—To the Governor 1,000l. per annum, to the Deputy Governor 600l., Major-General 300l., incident charges 600l., the Chirurgeon 91l., 5s., the Chaplain 121l. 13s. 4d., the two foot companies 3,327l. 11s. 8d., the whole amounting to 6,040l. 10s. yearly. That no part of the above allowances be reduced, and that the Commissioners of the Treasury take sufficient care for the payment thereof. Also that James Archer, Engineer, and other military officials who were sent over for the suppression of the rebellion, be forthwith paid off and discharged, excepting the Engineer, who is to be retained in case the country proceed to build a fort, and one gunsmith with two mates, who are required to look after the King's stores. [Col. Entry Bk., Vol. LXXX., pp. 357, 358.]
June 18.
Whitehall.
1023. Order of the King in Council. Referring petition of Colonel John Strode and partners, farmers of His Majesty's revenue of 4½ per cent. at Barbadoes to the Lords of the Treasury, to the Lords of Trade and Plantations, to examine and report their opinions to His Majesty with all speed. Annexed,
1023. i. The petition above referred to. Complaining of two Acts passed in Barbadoes in November 1675 and January 1679 whereby farmers shall restores the duty of 4½ per cent. paid for goods of the growth of the Island if lost at sea or taken by enemies or pirates, both of which Acts are repugnant to law and equity and are made solely for lessening the King's revenue and discouraging petitioners; and praying His Majesty to grant his letter to the Governor of Barbadoes to abolish and invalidate said Acts.
1023. ii. An Act for allowance of a second free entry for the dead productions of this Island lost or taken, &c., relating to the 4½ per cent. Barbadoes, 25th November 1675. Certified copy by Edwyn Stede, Deputy Secretary.
1023. iii. An additional Act to an Act, entitled an Act for allowance of a second free entry for the dead productions of this Island lost or taken, &c., relating to the 4½ per cent. Barbadoes, 23rd January 1679. Certified copy by Edwyn Stede, Deputy Secretary. [Col. Papers, Vol. XLIII., Nos. 73, 73 I., II., III., and Col. Entry Bk., Vol. VI., pp. 261–265.]
June 18.
Nevis.
1024. Governor Stapleton to Lords of Trade and Plantations. His last letter was sent by Abraham Tery, Master of the pink Abraham of London, bound to Liverpool. The oldest surveyor on the land says that he will justify Antigua to be thirty thousand acres larger than shown by the map, so that the amendment to the answer (see ante, No. 1013) may be delayed. Has no hope of a conference with the French General not only because of the report that Comte d'Estrées comes out as Viceroy and that the General goes home (which Stapleton believes to be an invention), but also because of the approach of the hurricane season, and that he cannot have time enough to return to Martinique before the apprehended storms of July, August, and September. The only news is the insolent behaviour of a French man-of-war, which on Friday last between eleven and noon luffed in with one of the English platforms without striking or paying any attention to the King's flag ashore. Whereupon, according to custom, a shot was fired at her forefoot, a second aft, a third amidships; and after three more shots she bore away, putting the ships in the roadstead between her and the forts, but first shot seven bullets towards the shore whereof two fell on land about high-water mark. She was in company with four merchantmen who kept out of command (range). Would not have mentioned such matters except that she was said to have been struck by one shot in her quarter, another in her sails, and a third betwixt wind and water. In St. Christopher's, the French often commit the like arrogancy, and things of another nature as seizure of English sugars coming from one English part to another through their quarters, though the English have no other way to transport it. They have confiscated the beast and sugar besides a fine, though the roads are in common by all articles since the very first settlement. The copies of their proceedings sent herewith (see ante, No. 963) show clearly how extrajudicial and partial the judge was for giving judgment altera parte inaudita and not leaving the decision to the Governor and National Commissioners. In brief, they expect a declaration to be made of all goods passing through their ground—an entry as we term it—which would make the King's people subjects to them; which declaration shall never be made while Stapleton is Governor unless by express command from home. Expected redress for these and other indignities from a conference with Count de Blenac, who promises very fair, the correspondence being amicable and careful on Stapleton's side. Trusts that, if the Articles of Neutrality be not ratified, men and ships may be sent out to destroy the French Islands before they destroy the English. They always have a squadron on the spot, while the English have not a frigate to transfer men for the relief of any Island. Begs instructions how to behave towards all fleets that come within range of the guns, Postscript.—The French man-of-war is the Gullant of 40 or 45 guns, commanded by the Comte de Sourdis. 2 pp. "Recd. 13 Aug. 1679. Read 1 Oct. 1679." [Col. Papers, Vol. XLIII., No. 74, and Col. Entry Bk., Vol. XLVI., p. 361.]
June 18.1025. Mem.—The Lord President is desired by the Lords Committee for Trade and Plantations to report to His Majesty in Council:—That having in pursuance of an Order of the 6th instant considered the expense of His Majesty's Governments in America, they are of opinion that the allowances made by His Majesty upon the establishment of Virginia unto the Governor and other officers of that Colony, as also for payment of the two foot companies and other incident charges, ought to be continued without any alteration, the same being for His Majesty's service and necessary support of that Government. [Col. Entry Bk., Vol. LXXX., pp. 356, 357.]
June 19.1026. Journal of Lords of Trade and Plantations. Report of their Lordships concerning New England, ordered 20th May, approved with amendments:— (1) to except Papists from the injunction to remove incapacities on religious ground; (2) to order the Colony to make surrender of Maine on re-imbursement of the purchase money. Report read concerning Mr. Randolph, recommending him for a reward of 175l., and that his salary as Collector of Customs commence from 10th September 1676, the date of his arrival from New England. On the petition of William Harris, praying that his title to the lands possessed by the men of Warwick may be referred to New Plymouth for their final determination, their Lordships, taking notice that the adverse party, Holden and Greene, had objected against Massachusetts and Connecticut as being their mortal enemies, and that the Petitioner apprehended the partiality of Rhode Island, refer the examination of the case to the New Plymouth magistrates, and require the Rhode Island magistrates to put him in possession of the lands adjudged to him by Order of Council of 31st January.
Establishment of Jamaica, 5,873l. 6s. 8d., and allowance made by the King towards maintenance of the forts and garrison of New York, considered; and agreed to report continuance of same.
Read, a letter from Sir Edmund Andros, dated New York, 25th March 1679, giving an account of the Indian race, and of the hard dealings of the Massachusetts with the Province of Maine. [Col. Entry Bk., Vol. CVI., pp. 21 and 24–26.]
June 19.1027. Certificate that His Majesty's allowance towards the maintenance of the garrison and forts of New York is 1,000l. per annum; the charge above this allowance is paid by the Duke of York. Signed, Tob. Holder, Audr. 1 p. Printed in New York Colonial Documents, Vol. III., p. 278. [Col. Papers, Vol. XLIII., No. 75.]
June 20.
Whitehall.
1028. Order in Council on a Report of the Lords of Trade and Plantations. Their Lordships, finding the present conjuncture not very favourable for settling what concerns His Majesty's service in Massachusetts in such method as were to be wished, and towards which they have prepared and are preparing many materials now under the care of Sir R. Southwell, and finding the Agents impatient to return home, offer the draft of a letter for New England to be sent by the Agents. The letter follows. The Agents are dismissed, there being no prospect of speedy leisure owing to the prosecution of a Popish plot; had they had commission to negotiate a perfect settlement of affairs (which they disowned) their stay, probably, would not have been so long, nor would the matter be then undetermined. Orders, that agents with full instructions be sent over within six months of the receipt of the letter; for since the charter was originally to be executed in England, and not in New England otherwise than by a deputation, it is not possible to establish a perfect settlement until these things are better understood. The Lords doubt not but that the Agents (who have demeaned themselves with good care and discretion) will acquaint them of many important things, which may be of such use that their application may anticipate what is desired; express the King's inclination to pardon the past, satisfaction with the administration of the Oath of Allegiance; his expectation that perfect freedom of conscience will be granted to all (except Papists) and that the distinction observed in the making of freedom be abolished. They order that the ancient number of 18 Assistants be restored, and that all persons coming to any privilege, trust, or office take the oaths of allegiance, and that military commissions and the proceedings of justice run in the King's name; expect that all laws repugnant to the laws of trade will be abolished. Edward Randolph, appointed Collector of Customs for New England under the Broad Seal, is recommended to their help. The Lords express the King's displeasure at the purchase of Maine, for which he was in treaty at the time, and expect that on reimbursement of the sum paid all deeds, &c., will be surrendered by their future agents. The Colonists are not to expect the annexation of New Hampshire to their Government according to their desire, a plan for settling it being under consideration: they are ordered to recall all commissions for governing it. 19th June 1679. Signed, Finch, C., Shaftesbury, Pr., Anglesey, C.P.S., Arlington, Bridgwater, Sunderland, Fauconberg, Halifax, Cavendish, H. Coventry, J. Ernle, H. Powle. Report approved, and letter ordered to be prepared for signature. Mem.—This letter was signed 24th July 1679. 7 pp. [Col. Entry Bk., Vol. LX., p. 351.]
June 20.
Whitehall.
1029. Order in Council on a Report from the Committee for Plantations about a reward for Mr. Randolph. The Committee commend Randolph's services, and recommend that his salary as Collector of Customs should commence from 10th September 1676, the day on which he arrived in London from Boston, whereby he may receive 175l. for his past services. 19th June 1679. Shaftesbury, Anglesey, Sunderland, Bridgwater, H. Coventry, Fauconberg, J. Ernle, Edw. Seymour, H. Powle. Ordered accordingly. 3 pp. [Col. Entry Bk., Vol. LX, p. 357.]
June 20.
St. Jago de la Vega.
1030. Governor Lord Carlisle to Lords of Trade and Plantations. Acknowledges letter of 13th [21st ?] February (see No. 902). In the matter of the bond given by Captain Brayne for proceeds of sale of negroes, the property of the Dutch West India Company, I had, on the motion of Sir Thomas Modyford, some time before receipt of your letter, ordered the bond to be put in suit, but have now acquainted Captain Brayne with your orders, and, with the consent of Sir Thomas Modyford, have given him some time to pay the money. Thus your instructions have been carried out, and a tedious suit at law avoided. Received another letter of 22nd February (see ante, No. 903) with Mr. Slingesby's report about a mint in this Island. If we should make our coin of the same weight and fineness as the coin of England, we should never keep any money in the Island, which is our principal difficulty. In New England they raise money one-fourth, "a ninepence goes for twelvepence, which fills them full of money; yet though the current money here be raised above its value they carry off this Island all our ready money to other plantations, to the great incommoding of the inhabitants in their trade one with another." I deeply regret that your Lordship's troubles and disturbances at home should leave no room for hope that the grievances of Jamaica will receive attention. Our want of laws is very great. I was necessitated to continue in force those that expired in April by proclamation; the rest expire in September, and the Bill for the present revenue with them, which they are not willing to perpetuate, from apprehension either that there may be no more Assemblies, or that it would be in danger of being diverted like the four-and-a-half per cent. in Barbadoes. As for the clause as it is worded in the Militia Bill I brought over, they will not pass it even if they should be again attempted. To be plain with your Lordships, I find the inhabitants of this Island dissatisfied with having the deliberative part of making laws and power to alter and amend Bills transferred hither under the Great Seal of England taken from them; they will never be induced to accept the system, for they judge it unreasonable because of the distance of Jamaica from England. I therefore beg of your Lordships to prevent further loss of time, nor leave this Island "languishing for want of necessary laws." 2 pp. Received 26th August 1679. Read 9th October 1679. [Col. Papers, Vol. XLIII., No. 76, and Col. Entry Bk., Vol. XXIX., p. 317.]
June 21.1031. Journal of Lords of Trade and Plantations. Read, the petition of the inhabitants of Bermuda referred by Order in Council of 16th May. Their Lordships note that the heads of inquiry sent to the Governor and Company of the Somers Islands on 10th April 1679 (see post, No. 1062) remain yet unanswered, and decide, before further consideration of the present complaint, to summon the Company to attend and expostulate with them for this neglect.
Mr. Crown called in to make out his property to the lands lost by him in Nova Scotia, and prove his damage; but being unable to produce some necessary evidences, is directed to confer with one Mr. Nelson, who is likewise concerned with Nova Scotia as agent to Mr. Thomas Temple, joint proprietor with Mr. Crown.
Their Lordships, taking into consideration the part of New England claimed by Mr. Mason, which lies within the N. bounds of the Massachusetts, the government whereof belongs to His Majesty, order such rules, &c., to be prepared for settling a temporary government. [Col. Entry Bk., Vol. CVI., pp. 26–29.]
(June 21.)1032. Petition of Captain Joseph Crispe, Agent for the inhabitants of the Leeward Islands, to the Lords of Trade and Plantations. Represents that Petitioner has been to Paris to seek ratification of the treaty concluded between Governor Stapleton and Count de Blenac, where he received answer from M. Colbert, Minister of State, that the treaty could not be ratified as it was unequal, all the French islands being included, but Jamaica and Barbadoes of the English possessions omitted, and that when these two were included he would be ready and willing to ratify. Petitioner therefore begs that some safe and speedy course may be taken to provide for the security of the Islands. [Col. Papers, Vol. XLIII., No. 77, Col. Entry Bk., Vol. XLVI., p. 356.]
June 24.1033. Minutes of the Council of Barbadoes. Ordered, that a Bill be forthwith prepared for settling and ascertaining the lines and bounds of the several parishes of this Island and for admeasuring the full quantities of land contained in each parish after the bounds shall be so settled, and the same to be entered in the vestry book of each parish; and Colonel Walrond, Colonel Lambert, John Witham, and Richard Howell, or any two of them, are desired to prepare a Bill for the purpose aforesaid. [Col. Entry Bk., Vol. XI., pp. 301, 302.]
June 26.
Whitehall.
1034. Journal of Lords of Trade and Plantations. Order in Council of 18th instant read, referring petition of Colonel Strode and partners to their Lordships (see ante, No. 1023). Whereupon Colonel Strode is called in and desires that the effects of the Acts in question may be discontinued. In the first place their Lordships doubt whether there be any such laws enacted in Barbadoes, Sir Jonathan Atkins having assured them in his letter of 17th April (see ante, No. 974) that he had sent over all laws in force; but notice being taken that both laws produced by the farmers are attested by the Deputy Secretary, and that another law for taking the oaths of allegiance and supremacy is not yet transmitted, their Lordships conclude that Sir J. Atkins had omitted to send all the laws made at the last Assembly, for which neglect their Lordships agree to report that he receive a severe reproof; not only because his instructions direct him to send over all laws by the first opportunity, but because he had assured them that he had transmitted all laws in force, whereby he has not only failed in his duty, but misled their Lordships into a belief that they were possessed of all the laws. 2ndly. Their Lordships observe that these Acts are very unreasonable for the reasons herein set forth. The Governor is to be acquainted that he is the more answerable for this fault, inasmuch as by his commission he is entrusted with a negative voice in the making of all laws to the end that nothing may be passed to His Majesty's prejudice. And how far these Acts are detrimental to His Majesty could not be unknown to the Governor for the reasons specified by their Lordships. And it is much to be wondered at that Sir Jonathan Atkins should go about to dispose of His Majesty's revenue without first acquainting His Majesty with it, wherein he should not have failed, although he had no special instruction to that effect. Their Lordships agree to report accordingly, and that His Majesty's disapprobation and disallowance of his proceedings be signified to him, with orders that not only all actions and suits-at-law by colour of said Acts do immediately cease, but that the same be forthwith repealed and declared void. Their Lordships then proceed further to examine all Acts in force in Barbadoes from 1660 to 1672 transmitted by Governor Atkins, adding that the people conceive them to be perpetual, as being sufficiently confirmed by the patent to the Earl of Carlisle, which their Lordships nevertheless do not agree to and give their reasons, but resolve to speak with the merchants of Barbadoes, who are appointed to attend on Friday (27th). The other laws made during Sir Jonathan Atkins' government considered and commented upon, particularly those of the Militia and the public revenue, for which the Governor deserves very severe reproof; and he is to be strictly directed to transmit all Acts within three months after they are passed, and His Majesty to signify to him that upon his default he shall be recalled from his government. [Col. Entry Bk., Vol. CVI., pp. 30–37.]
June 26.
Council Chamber.
1035. The Report of the Lords of Trade and Plantations to the King agreed to, as calendared in the previous abstract. [Col. Entry Bk., Vol. VI., pp. 265–269.]
June 27.1036. Journal of Lords of Trade and Plantations. Read, rules drawn up for settling a government in the province of New Hampshire. Their Lordships think fit that besides a President, six Councillors be chosen by the King, and power given to them to choose three more; also that the Council do forthwith call an Assembly with power to agree with Mr. Mason concerning the title and tenure of their lands and tenements; and where any differences shall arise, the Council is to endeavour to bring about an amicable settlement; also that the impositions raised by the authority of Massachusetts be continued until the first meeting of the Council. Mr. Mason, on their Lordships' representation, promised to levy no more than sixpence per annum in the pound for every acre, and to enter into engagement with the King to this effect before his departure. As soon as the inhabitants have fixed their boundaries Mr. Mason shall remain sole possessor of all other lands within his property which are not already in the hands of terre tenants.
Agreed upon motion of Lord Essex to recommend that all payments made to the Governors and other officers of the Plantations, and for the soldiers maintained there, be transferred from the Exchequer and paid by the Paymaster of the Army upon a general establishment to be settled for that purpose.
Colonel Thornbury, Mr. Bawden, Mr. Chaplin, and Mr. Gorges, merchants concerned in Barbadoes, being called in and questioned concerning the laws of Barbadoes say, that not knowing for what business they were summoned they were not able to give a direct answer, and desire a further time when Colonel Drax and Sir Peter Colleton may attend. They give their opinions, however, that many laws made during the Earl of Carlisle's propriety and by the Lord Francis Willoughby before the surrender of the patent are still in force, Lord Willoughby having had from the King's Restoration till 1663 a mandamus from His Majesty to govern Barbadoes, besides his title from the Earl of Carlisle. They say likewise that there was formerly a duty of head-money paid in Barbadoes to the Earl of Carlisle, which was forty pounds of cotton during Colonel Bell's government, between the years 1630–1640, and that the 4½ per cent., was granted to His Majesty in 1663, in consideration of that duty and all others to the King. They add that if the laws be not sent home by the Governor in due time it is only his fault. They complain of the farmers of the 4½ per cent., and of the manner of levying it, and say Sir Peter Colleton and Colonel Drax are empowered by the Island to engage to pay the King here in England as much as the farm amounts to without any defalcation, instead of the present farm, which would be an advantage to the King and a relief to the planters. Asked whether they knew of any law allowing a second free entry, they answer that during the government of the two Lord Willoughbys they were permitted without any law to make a second free entry upon a loss at sea by taking out a new cocquett for the like quantity of goods; and that this from a custom became a law. They promise further information on Friday next. 4 pp. [Col. Entry Bk., Vol. CVI., pp. 42–46.]
June 27.
Council Chamber.
1037. Mem.—The Lord President is desired by the Lords of Trade and Plantations to report to His Majesty in Council, that upon a motion made by the Earl of Essex from the Lords of the Treasury, their Lordships are of opinion that it will best consist with His Majesty's service and the ease of the Treasury, that all allowances made by His Majesty unto the Governors and other officers of the Plantations, as also for the Companies maintained there, may be paid by the Paymaster of His Majesty's Forces upon the general establishment settled for that service. [Col. Entry Bk., Vol. XCVII., p. 63.]
June 27.1038. Order of the King in Council. To fix the establishment and allowances of the Plantations, as follows:—
Barbadoes.
£s.d.
The Governor, per annum80000
Jamaica.
The Governor, per annum1,00000
The Deputy Governor, per annum60000
The Major-General, per annum30000
Maintenance of forts, per annum60000
Two companies of 100 men apiece, besides officers, per annum3,327118
5,827118
Leeward Islands.
Governor, per annum70000
Two foot companies, each of 80 men, and officers, per annum2,778108
3,478108
New York.
Maintenance of forts, per annum1,00000
Virginia.
Governor, per annum1,00000
Lieutenant Governor, per annum60000
Major-General, per annum30000
Maintenance of forts, per annum60000
Two companies of 100 men, and officers, per annum3,327118
Chirurgeon, per annum9150
Chaplain, per annum121134
6,040100
Engineer retained for possible building of a fort, himself 10s. a day, his servant, 2s. Together per annum21900
Gunsmith and two mates at 8s. 4d. per diem. Together per annum15200
Total17,517124
The above to be paid by the Paymaster of the Forces. The allowances for the foot companies in Jamaica and Virginia, as also for maintenance of forts in New York, to be continued for one year and until further order. [Col. Entry Bk., Vol. XCVII., pp. 63–66.]
June ?1039. The title of Robert Mason to the province of New Hampshire with his case, and the proceedings of the Government of Massachusetts Bay. 3 pp. [Col. Papers, Vol. XLIII., No. 78.]
June ?1040. Reply of the Agents for Massachusetts to the title and case of Robert Mason. 3 pp. [Col. Papers, Vol. XLIII., No. 79.]