America and West Indies
November 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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436-448

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'America and West Indies: November 1679', Calendar of State Papers Colonial, America and West Indies, Volume 10: 1677-1680 (1896), pp. 436-448. URL: http://www.british-history.ac.uk/report.aspx?compid=69995 Date accessed: 18 April 2014. Add to my bookshelf


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Contents

November 1679

Nov. 1.
Westminster.
1171. Certificate of the Commissary of Musters. There was mustered in Lord Carlisle's and Sir Henry Morgan's companies one hundred soldiers besides officers to each Company on the 1st March 1677–8, which was their last muster before leaving England. Their last muster bearing date 1st January 1678–9 shows them to be complete, but this came to hand accidentally. What condition the companies may be in now I know not, for the Commissary (if any there be) in Jamaica has never yet given the CommissaryGeneral any account thereof, probably for want of definite instructions and from ignorance of his dependence on him. This may also explain the irregularity of the musters at Jamaica where they are taken every four, instead of as here every two, months. Signed, J. Baynes, Commissary. 1 p. Read, 13th November 1679. [Col. Papers, Vol. XLIII., No. 149.]
Nov. 1.
Whitehall.
1172. Warrant to the Paymaster-General for payment of 683l. 13s. 6d. to Lord Culpeper's company of foot in Virginia from 1st July to 1st November 1679. [Dom. Entry Bk., Chas. II., Vol. LIX., p. 7.]
Nov. 2.
New Plymouth.
1173. Governor Winslow to the King. Concerning Wm. Harris's case referred to New Plymouth by command of 17th November 1677. The Governor and magistrates on hearing both sides, 28th October 1679, decided in favour of Harris that the lands contained in the second verdict of the jury, were part of the lands of Patuxet and within the Commission of His Majesty's Court of Commissioners. Gives particulars of the reasons of their decision. 4 pp. [Col. Entry Bk., No. LXI., p. 81.]
Nov. 6.
Whitehall.
1174. Journal of Lords of Trade and Plantations. Upon the report concerning Mounthope, agreed that the Colony of New Plymouth be obliged to pay the King a yearly acknowledgment of seven skins for the seven thousand acres to be granted them, or fourteen merks for the same, those lands appearing to have been taken by conquest from King Philip, and having never before been in possession of England. Mr. Crown called in, who begs their Lordships to consider his claim for compensation out of the lands of Mounthope for his losses through the surrender of Nova Scotia. Agreed that no part of those lands be given to Mr. Crown, whatever his pretensions to the King's favour on some other occasion.
Report concerning Saba and Statia read and approved.
An Act received from Barbadoes referred to the Attorney-General. [Col. Entry Bk., Vol. CVI., p. 88.]
Nov. 6.
Council Chamber.
1175. Sir Robert Southwell to the Attorney-General. Sends an Act passed in Barbadoes to enable the executors of William Plumley, who died seised of a considerable estate but clogged with debts, to sell said estate to provide competent portions and maintenance for the wife and children of the deceased; to see if anything in point of form be incongruous or fit to be objected against. With Mem.—"I have perused the Act within mentioned, and see no cause why the same should not be confirmed. Creswell Levine, 26 Dec. 1679." 1 p. Annexed,
1175. i. Order of the King in Council approving the Act above mentioned, which is hereby confirmed, enacted, and ratified accordingly. Whitehall, 7th January 1680. [Col. Papers, Vol. XLIII., No. 150, and Col. Entry Bks., Vol. VI., pp. 298–300, and Vol. CVI., p. 88.]
Nov. 6.
Whitehall.
1176. Order of the King in Council. Report of Lords of Trade and Plantations on the memorial of the Dutch Ambassador Extraordinary respecting the restitution of the Islands of St. Eustatius and Saba (see ante, No. 1143). We understood that before the late war the said Islands were made use of by the Dutch to the detriment of English trade by carrying off commodities which ought not to have been diverted from England, and that if they were possessed by the French they would be a great annoyance to the English Islands; and being sensible that the only reason why the Dutch had not demanded them was the danger of their falling into the hands of the French, we advised in our letter of 6th September 1677 that Governor Stapleton should be ordered not to comply with any demand from the Dutch without express directions from the King. But since your Majesty stands obliged by treaty to restore the Islands, we advise that Governor Stapleton be directed to report on the present condition of the Islands, their state when he took them over, the cost, if any, since bestowed on them, and the charge of keeping and maintaining them since the peace: and that meanwhile the Dutch Ambassador be informed that His Majesty not having been before advised of the desire of his masters to repossess the Islands, has ordered Governor Stapleton to report as aforesaid, and on receiving his answer, and thus enabling himself better to dispose of his subjects, will order the restitution of the Islands. Signed, Radnor, Lauderdale, J. Bridgewater, Sunderland, Cavendish, H. Powle, Fauconberg. Order in Council accordingly. [Col. Papers, Vol. XLIII., No. 151, and Col. Entry Bk., Vol. XLVI., p. 390.]
Nov. 7.1177. Order of the King in Council. That the Earl of Sunderland shall apprize the Dutch Ambassador Extraordinary of the steps taken in respect of the restoration of St. Eustatius and Saba (see preceding abstract). [Col. Entry Bk., Vol. XLVI., p. 393.]
Nov. 8.1178. Colonel Alexander Culpeper to [the Secretary to Lords of Trade and Plantations]. In reference to the petition of Bartholomew Price now before their Lordships, wherein he claims for Mr. Jeffreys 300l. to which Lady Berkeley is legally entitled. Has acted for Lady Berkeley before in this matter, but received her orders to proceed no further, as she was coming home in the next ship to see to it herself. Hopes therefore that the hearing of the business may be adjourned until her arrival. 1 p. [Col. Papers, Vol. XLIII., No. 152.]
Nov. 13.1179. Sir Francis Watson to Mr. Blathwayte. "Memorial" to move the Council for Foreign Plantations for a Recruit of Ammunition for His Majesty' service at Jamaica, viz. 150 barrels of powder and 30 guns. Signed. Read 13 Novr. 1679. [Col. Papers, Vol. XLIII., No. 153.]
Nov. 13.1180. Muster roll of Lord Carlisle's company of foot for the sixty-one days 1st of May to 1st of July 1679. Signed, W. Delamayne. Endorsed, Presented to the Committee 13 Nov. 1679. Parchment. [Col. Papers, Vol. XLIII., No. 154.]
Nov. 13.
Council Chamber.
1181. The Secretary of the Lords of Trade and Plantations to Mr. Guy (Secretary of the Treasury). In reference to Bartholomew Price's petition in behalf of the widow of Colonel Jeffreys, Lord Culpeper is of opinion that the 900l. therein stated is due; but as the sum must be paid from the Treasury here, the Lords of the Treasury are requested to write what may occur to them before the matter be reported to His Majesty; and to report further in reference to some money lately sent to Virginia by His Majesty's orders, of which no account appears as yet to have been made. Draft, unsigned. 2 pp. [Col. Papers, Vol. XLIII., No. 155.]
Nov. 13.
Whitehall.
1182. Journal of Lords of Trade and Plantations. Read, the petition of Bartholomew Price on behalf of Mrs. Jeffreys, widow of the late Colonel Jeffreys, Governor of Virginia (see ante, No. 997). Lord Culpeper and Mrs. Jeffreys called in. Lord Culpeper confirms her claim to 900l. as salary of her late husband; but their Lordships finding that the sum must be paid out of the King's Exchequer here decide to consult the Commissioners of the Treasury before reporting the matter in Council. On the withdrawal of Mrs. Jeffreys, Lord Culpeper mentions a sum of money lately sent to Virginia by the King's order, but unaccounted for, which matter was likewise referred to the Treasury. A general letter containing heads of inquiry, similar to those addressed to Sir W. Berkeley, delivered to Lord Culpeper. His Lordship took occasion to point out the evil precedent of assigning a sum of money, out of the fund of 2s. per hogshead in Virginia, to Mr. Sands and others, in compensation for losses sustained by them at sea. Many other merchants will thereby be encouraged to lay their claims before the King, the public revenue will suffer, and the people will be disinclined to pay it, if it be assigned to English merchants to make good their losses from Algerine pirates.
Lord Carlisle's letters of 10th July again read (ante, No. 1059). Resolved not to recommend compliance with his Lordship's request for ammunition, until he furnish more particular details as to the state of the forts and stores, the more so since the French fleet is now reported to have sailed for Europe. Resolved further, after consideration of the reports of Mr. Baynes and Sir Francis Watson, that there is no occasion to send more soldiers, nor another frigate to Jamaica. Sir Francis Watson to attend at the next meeting, and give an account of the Island and of its requirements.
The Revenue Act lately sent over by Lord Carlisle was read, and the differences betwixt this Act and that transmitted under the Great Seal were noted, viz. (1) the wording of the preamble, (2) the proviso which exempts Jamaica ships from all impositions, and, (3) the limitation of the Act to a year's duration only. Lastly, the expression that "the King thanks his good subjects and accepts their benevolence is misliked," inasmuch as the Jamaica Assembly has rejected the Bill transmitted by the King, and passed one of its own choosing. This circumstance also frustrates other of His Majesty's intentions and orders. It is noticed further from Lord Carlisle's action that the latitude given to governors in calling of assemblies "for answering some very urgent necessity" is too great. Agreed to recommend that the words of the instruction be altered to prevent governors from calling assemblies without orders from the King, except in cases of rebellion and invasion only.
Their Lordships taking notice that the governors are generally defective in their correspondence, resolve to issue to them an order, requiring them to report all affairs of importance in the plantations, together with their opinion thereon at least four several times in the year. The Secretary of each plantation also to correspond with the Clerk of the Council attending the Committee, and send copies of all documents of moment, and the Clerks of the various Assemblies to furnish copies of their journals and of the Bills passed.
The appointment of Mr. John Bindloss to the posts of Clerk of the Crown and Peace and Clerk of Markets and Fairs in Jamaica brought before their Lordships by the Lord Privy Seal. The appointment objected to on the grounds that the said offices are given for life, are granted in plurality, and are all to be exercised by deputy, contrary to the instructions given to Lord Carlisle. Sir Thomas Lynch happening to be present was called in, and explained that in Jamaica every district has its own Clerk of the Peace appointed by the Custos Rotulorum of that district. Ordered, that their Lordships' objections be laid before Secretary Coventry, by whom the appointment of Mr. Bindloss was procured, and an explanation required from him as to his motives and reasons Mem. — Mr. Secretary Coventry replied that he had himself objected to the appointment on the grounds of plurality, but was told that the offices were of so little value that they could not be granted separately. Also that the tenure of such offices for life is a common practice in Barbadoes and other Colonies, and that this, as also the exercise of such offices by deputy, are matters of His Majesty's pleasure, Mr. Secretary drew attention withal to abuses that have recently crept into the Plantations in respect of offices. Formerly the power claimed by governors to dispose thereof was so absolute that they challenged the King's appointments under the Great Seal. Now, by a rush into the other extreme, Governors have been deprived of the authority which it was necessary for them to maintain by disposal of offices within their Government, which are now filled by His Majesty through private solicitation of persons in no way concerned with the Plantations, without the knowledge or approbation of the Governors. These people being possessed of His Majesty's favour perhaps in opposition to the Governors, have much thwarted and diminished the respect and authority due to them. Mr. Secretary therefore recommends an inspection of the offices, and a division thereof into those that may be fitly filled by His Majesty, and those that may be left to the disposal of the Governors. 11 pp. [Col. Entry Bk., Vol. CVI., pp. 89–100.]
Nov. 14.
Council Chamber.
1183. Report of Lords of Trade and Plantations to the King. As to the appointment of John Bindloss to be Clerk of the Crown and Peace in Jamaica (see post, No.), and the inconveniences to which the Government of the Plantations has been subjected in the respect of public matters (see Journal of this date No. 1182), we recommend an inspection of all offices, and a division thereof, into places to be filled by the King and Governor. We have also to complain that in spite of numerous instructions Governors are very negligent in reporting events within their Governments. We recommend that they be ordered to furnish us quarterly with a journal of occurrences, and the secretary of each plantation likewise to transmit to us all public papers that we ought to see. Signed, Radnor, Worcester, Anglesey, J. Bridgwater, Sunderland. 6 pp. [Col. Papers, Vol. XLIII., No. 156, and Col. Entry Bk., Vol. XCVII., pp. 67–71.]
Nov. 14.
Whitehall.
1184. Report of the Lords of Trade and Plantations to the King in Council, and Order in Council thereon. On the petitions of the inhabitants of Bermuda (ante, Nos. 990, 1052) against the Somers Islands Company, after several attendances of both parties with their learned Counsel, the grievances (many of them being of little weight, and others waived by the complainants) were reduced to the two following: (1) As to the complaint of the inhabitants that they are forbidden by the Company to send petitions or present appeals for relief to the King, the Lords are of opinion that the people of Bermuda. like all subjects of the King, should enjoy the right the appeal to him without the interposition of any person whatsoever. (2) As to the dispossession of the owners of land by the Company without trial at law. The Company plead that they have power by their charter to hear and decide all differences; that no title was ever tried in Bermuda till the year 1654, when the Company constituted a Court of Justice upon the place, and that that has not only reserved to itself the right of appeal, but also of hearing divers cases at first instance. The complainants on the other hand argue that the obligation of attending the Company here for the decision of differences often turns to their ruin, owing to the expense of the journey, and the neglect of their business at home; and that if after trial at law in the Island by a jury (as frequently happens) the Company continues to reverse the judgment by its own order, it will always be in its power to favour its members, and even reassume possession of the lands demised to the inhabitants. Moreover, whereas the whole Company formerly resided in England, three parts out of four of them are now resident in Bermuda, and it is therefore right that the Judicature should attend the majority on the spot. Upon the whole matter the Lords are of opinion that the Company has no right by its charter to determine matters as a Court of Judicature at first instance; that the trial of causes originally by the Company in England is illegal, and should not be continued. If the parties will not consent to accept the decision of the Committee of Trade and Plantations the Lords advise that the powers of the charter be left to a trial at law by a Scire Facias or Quo Warranto. Signed, Bath, Bridgewater, H. Coventry, J. Ernle, Fauconberg, Lauderdale, H. Powle, Radnor. Council Chamber, 29th October 1679. Order in Council accordingly. 3 pp. [Col. Entry Bk., Vol. XVII., pp. 77–80.]
Nov. 14.1185. Lords of Trade and Plantations to Governor Stapleton. Directing him to furnish a particular account of St. Eustatius and Saba, pursuant to Order in Council of 6th November. [Col. Entry Bk., Vol. XLVI., p. 394.]
Nov. 20.
Whitehall.
1186. Journal of Lords of Trade and Plantations. In the matter of the arrears of salary of Colonel Jeffreys (ante, No. 1170). An answer having been received from Colonel Culpeper, agent to Lady Berkeley, Mrs. Jeffrey's petition was again read, and thereafter Colonel Culpeper's letter of 8th instant. Their Lordships, taking notice that the continuance of Sir William Berkeley in Virginia after the arrival of Colonel Jeffreys was contrary to the King's pleasure, as expressed in His Majesty's letter of 13th April 1677, agree to report that the sum of 300l. claimed by Mrs. Jeffreys be paid to her, provided she give good security (according to her offer) to abide the King's final decision in the matter, when Lady Berkeley shall think fit to prosecute her claim thereto. 2 pp. [Col. Entry Bk., Vol. CVI., pp. 101, 102.]
Nov. 20.
Whitehall.
1187. Lords of Trade and Plantations to Thomas, Lord Culpeper, Governor of Virginia. Recommend to him several heads of inquiry concerning the Colony of Virginia, to which they expect his speedy answer. Require that he transmit a clear and full account of the state wherein he shall find said Colony, and generally of all things entrusted to him. [Col. Entry Bk., Vol. LXXX., pp. 367, 368.]
Nov. 23.
St. Jago de la Vega.
1188. Governor Lord Carlisle to Lords of Trade and Plantations. Mine of the 10th September has I hope reached you. The Assembly since its meeting on 28th October, has proved my conjectures to be no vain prophesy. On that day I went down with the Council to their place of meeting, and again in the Council's presence read to them your report of 28th May last, and His Majesty's orders to me of 31st of the same, and thereupon offered them the body of laws brought over under the Great Seal ot England for their consent. I declared to them at the same time the expediency it would be to all affairs of the Island; that it would persuade the King they were another people than they were represented at home, and be a means to induce him to gratify them in what was necessary, whereas otherwise they could not but appear in great contempt, to the lessening of the Islands interest in the royal favour; and what I urged in general to them at their meeting I had not been wanting to press to them apart individually before it. I then swore them a clerk of my appointing, which they took not well, alleging it was their right to appoint their own clerk. I told them No! for that the King did grant by Patent the Clerk of the Parliament, so that they were uneasily overruled. My reasons were that they had an opinion that the votes of the House should be kept a secret from me, and that they passed a vote in former sessions, that to raise money and dispose of the same was a right inherent in the Assembly, whereof I had no notice in a fortnight after, either from any of them or their Speaker. I much urged the whole Assembly to argue freely in the presence of the Council and of their members for the reasonableness of the matter proposed by the King, but none of them would undertake in my presence and the Council's, so we left them and the body of laws with them. They spent some days in reading over again the body of laws that I had left with them, but rejected all the arguments I had laboured them with, and threw all the laws out again. Whereupon they appointed a Committee to draw up an address to be presented by me to His Majesty, and in that time I drew up a Bill of Revenue, indefinite, and presented it to the Speaker; but that Bill was rejected also.
Upon the 14th instant the Speaker and Assembly, being sent for to attend me in Council to show cause why they had rejected the Revenue Bill, gave me no answer, but desired to present me with their address, the Speaker contending to give it its due accepts by reading it himself. Copy thereof is enclosed.
This address is founded greatly upon the advice of Lieutenant Colonel Samuel Long, the Chief Justice and one of the Council, who principally contends for the old frame of government. The Assembly is "highly opinionated of him," and esteems him the patron of their rights and privileges as Englishmen. He had a hand in leaving the King's name out of the Revenue Bill, being then Speaker, and denies not his having a hand in framing and advising some parts of the address, which on the whole is not truth, for—1. Whereas they allege that the civil government commenced in Lord Windsors time, it is known and recorded in our Council Book to have begun fifteen months before, in Colonel Doyley's time, and will be proved by Sir Thomas Lynch, who then himself had occasion of a trial by jury, the foreman of which was Colonel Bindloss. 2. They allege the readiness of governors to use martial law, particularly in Sir Thomas Lynch's time, whereas here there was only an Order of Council for putting it in force in case of actual descent or invasion; nor was it on foot all his time here, as I am credibly informed on inquiry. 3. As for its being in force in my time, it was not of my affecting, but of the Council's advising and desiring it, as was also the putting off the courts till February, in favour generally of the planters. Then as to their alleging so much to have been done during the martial law wholly at the charge of the country—that it is done is true, but they would clog the Revenue Bill with the charge thereof, amounting to 1,228l., when, communibus annis, the Bill of Impost is but 1,500l., whereof 1,228l. is not one farthing of it paid, nor any prospect that it will be paid; the revenue being much anticipated from the want of money in the Treasury, owing to Lord Vaughan's letting fall the Bill of Revenue before his departure.
About the opening of this Session a depredation (of which your Lordships will probably hear ere long) was made on the Spaniards in the Bay of Honduras by English, French, and others, the usual composition of privateers. These vessels were commanded by persons belonging to Jamaica, of whom I had some jealousy before they left Port Royal, so I stopped several of their men and took security from some of the commanders for their good behaviour. Notwithstanding my care they made their venture, and returning to uncertain stations hovered about this Island. The smaller of them having, without my knowledge or that of any of my officers, landed her cargo of indigo in the remotest parts of the Island to leeward, the rest, who had not landed their load, reported that unless they were permitted to bring it into harbour on paying the King's duty they would leave their interest in Jamaica and sail to Rhode Island or to the Dutch, where they would be well entertained. Upon the first news I ordered His Majesty's frigate Success to cruise for them, which seized the empty vessel and brought her to Port Royal. H.M.S. Hunter having a few days before coasted round the Island for privateers, returned with one Cornelius Essex, commander of the Great Dolphin, who was tried with twenty of his men for riotously comporting themselves and for plundering Major Jencks of St. James' parish in this Island, and two of them sentenced to death. The indigo landed was laden in small sloops, and by them entered in the Custom House at Port Royal. The quantity thereof having much abated the price, it has taken for some little time the place of our native sugar and indigo; though in the main the Island is in truth much benefited, the Treasury being near 1,000l. in arrear, which is difficult to recover where money is so scarce.
I had information some days since of the capture of a valuable ship of 28 guns, belonging to the United Provinces, by one Peter Harris, a privateer ever since the taking of Panama. I at once despatched the Success to cruise for her, and my news is since confirmed by the arrival of eleven men belonging to the Dutch ship in their long boat. This happened at the time of the Assembly's discontent and uneasiness. Not knowing that the frigates had my orders to sail in pursuit of privateers, and particularly of Peter Harris (which the King's ships have ever had from me on all occasions) they angrily hastened to me by seven of their members (some of them but lately rebuked by me for cherishing and entertaining privateers) a petition, wherein apart from their dissatisfaction at everything else they press for the doing of that which, in spite of great difficulties, I have ever striven to effect. Thus you will see my position towards this Island, which entertains my services so ill; but it is not unreasonable to hope for better, since your Lordship's own endeavours had no better success. I foresee that the Session will not be to much purpose. You shall have full information by H.M.S. Hunter which shortly sails for England. "Read 26 Feb. 1679–80. Read at the Committee 4th March 1679–80." 5½ pp. [Col. Papers, Vol. XLIII., No. 157, and Col. Entry Bk., Vol. XXIX., p. 363.] Enclosed,
1188. i. "The Humble desire and Justification of the Members of His Majesty's Council to his Excellency the Governor in Jamaica." His Majesty having altered the frame of government in Jamaica to that of Ireland, we his loyal subjects do dutifully submit; but although His Majesty's great perspicuity and truly loyal prudence is best able to determine what government is the fittest for his subjects, we beg leave to represent the great inconvenience caused by transmitting laws home according to the new frame of government:—
The distance is so great for transmitting laws hither and thither that by the time they can finally be passed by the Jamaica Assembly there will probably be as great cause to alter as there was at first to make them. Hitherto our laws have required amendment at least every two years, and we cannot foresee but that they will require it still, which will be impossible unless we be restored to our former powers. As to the passing of the Revenue Bill without mention of the King's name therein, we solemnly aver, contrary to the assertion of the Assembly, that we read it three times and passed it with the King's name included therein. Nor have we ever complained of the power given by the King to the Governor to suspend members of the Council. Copy certified by Rowland Powell, Clerk of Council. The names of the members, seven in number, who were present at the passing of the Revenue Bill referred to, are given in full. Subscribed, Recd. from the Earl of Carlisle 26th Feb. 1679–80. Read, 4th March. 4 pp. [Col. Papers, Vol. XLIII., No. 157 I.]
1188. ii. Address of the Assembly to Governor Lord Carlisle. We, the Assembly, have heard with infinite grief of mind of the report made to the King by the Lords of Trade and Plantations, wherein we are held up as people full of animosity, unreasonable, irregular, violent, undutiful, and exceeding both the bounds of duty and loyalty. Were we in the least conscious of having deserved so bitter a character, we should, like Job, have said, "We are vile, what shall we answer ? We will lay our hands upon our mouths." To justify ourselves we are forced to go back to the time of Sir Thomas Modyford's governorship, when we conceive the Island first to have discarded the form of an army and taken up the form of civil government common to all the King's more ancient plantations. In the Militia Bill power is given to the Governor which is not given to the King of England over the militia. We have never in our past history shown by our behaviour that the governors need more power in this respect. Martial law has been frequently declared, and we have never been backward. As to the omission of the King's name from the Bill of Revenue we are fully persuaded that this was an amendment of Council. Their Lordships again are misinformed when they say that a Revenue Bill without limitation was passed in Sir Thomas Lynch's time. All Bills were limited by his instructions to two years, and we have good reason not to wish that our powers of limitation to such Bills should be taken away. As our assertion that the laws sent to us contain many fundamental errors, it is true, as we can prove by instances. As to their Lordships' contention that we cannot be subject to more accidents than Ireland, we would point out the difference in the distance of Ireland and Jamaica from England. [Various other minor points dealt with seriatim at length.] Copy certified by Rowland Powell, Clerk Council. Endorsed as the preceding paper. 12 pp. [Col. Papers, Vol. XLIII., No. 157 II.]
1188. iii. Address of the Assembly of Jamaica to the Governor. Urging him, in view of the many depredations committed by pirates and privateers, to take some speedy and effectual course for putting an end to the same with the two frigates and two companies of foot maintained by the King with that object. Copy. 1 p. "Read, 4 March 1680." [Col. Papers, Vol. XLIII., No. 157 III.]
Nov. 23.
St. Jago do la Vega.
1189. Governor Lord Carlisle to Secretary Coventry. This letter is practically the same as the foregoing to the Lords of Trade and Plantations until the writer speaks of the behaviour of Colonel Samuel Long. Colonel Samuel Long refused to sign with the Council a document of justification to which the rest had unanimously agreed, and is now withdrawn to his plantation, thirty miles from this town where at this juncture we have most need of a Council. Thereupon I sent him "his quietus," and appointed Colonel Bindloss, of whose fidelity to the King's interest I am assured, to be Chief Justice in his place. I have also suspended Colonel Long from the Council, and propose by advice of the Council to send him with six more of the Assembly to England to plead their own cause before the King and Privy Council, the Council of Jamaica being unanimously agreed that this is the best expedient for a satisfactory settlement. H.M.S. Hunter is returned from Carthagena with the Spanish Governor's reply. He was so jealous that he refused the Captain or any of his company admittance within the gates, and received them in a tent pitched for the purpose on the beach. He denied that he had any English prisoners, and gave assurance that just satisfaction should be given on Señor Quintaan's returned to Carthagena. The Hunter is fitting for England, and will be ready to sail at Christmas. The Revenue Bill expiring on the 2nd March, I should be glad of further power to command the concurrence of the Council, if the Assembly should force me to raise Revenue by order of Government and Council. If the King think fit to continue Assemblies, I would recommend a reduction of the numbers to one for every parish, and two apiece for St. Catherine's and Port Royal. I have little fear of censure for his removal of Colonel Long, unless because I did not remove him sooner. "Read at the Committee, 4 March 1679." 4 pp. [Col. Entry Bk., Vol. XXIX., p. 369.]
Nov. 25.1190. Journal of Assembly of Barbadoes. On reading an address of Thomas Morris, Robert Draper, Jeremiah Cooke, and John Smith, and other merchants and traders in the Island, in relation to the great injuries and inconveniences to the English nation by the great number of Jews inhabiting and trading in Barbadoes, it was found worthy of speedy and serious consideration, and to be presented to his Excellency and Council. Letter prepared by the Committee to Sir Peter Colleton and Colonel Drax approved.
Nov. 26.Petition of the butchers for removal of the market to its former place, recommended to his Excellency and Council. An Act for speedy remedy in distresses passed. On complaints from inhabitants of St. Michael's and others that James Vicars, clerk of the market, hath taken unreasonable fees, the Assembly address his Excellency and Council to restrain such proceedings. On consideration of the great prejudice and oppression to the inhabitants by excessive and exorbitant fees taken by others of the Court of Chancery, an Act was passed to regulate the method of proceeding in said Court.
Nov. 27.An Act to restrain the Jews from keeping and trading with negroes passed. Also the Act for regulating the method of proceeding in the Court of Chancery and the fees. Richard Seawell to prepare a Bill for habeas corpus as near as may be to the law of England. Adjourned to 16th December. [Col. Entry Bk., Vol. XIII., pp. 367–370.]
Nov. 26.1191. Petition of the Merchants and Freeholders of Bermuda to Lords of Trade and Plantations. Refer to their petition of May last (see ante, No. 990), which was examined by their Lordships, with the result that the Governor and Company were held to have acted illegally, and that judgment confirmed in Council. The petitioners are without relief, and having been instructed by order of the Privy Council of 14th May to attend their Lordships for redress, they have annexed hereunto a copy of their grievances with the answers of the said Governor and Company, and pray for relief accordingly. They will most cheerfully pay the 4½ per cent. duty and submit to such Government and Governor as His Majesty shall appoint. Recd. 1st December 1679. [Col. Papers, Vol. XLIII., No. 158, and Col. Entry Bk., Vol. XVII., p. 81.] Annexed,
1191. i. "An Abstract of the Planters Articles against the Bermuda Company and their Answer." A recapitulation of the sixteen complaints and the answers thereto already calendared (ante, Nos. 1052, 1061), with a marginal comment on each. Four specific cases of dispossession of land tioned in support of the first complaint, viz. those of William Righton, Thomas Leycroft, Perient Trott, and Mr. Delbridge, with an addition that "to disinherit the planters and purchasers of their inheritances, the Governor and Company have caused the records and entries made in their books to be rased and taken off the files to their utter ruin." 12 pp Endorsed, "26 Nov. 1679. The humble petition of the merchants, freeholders, and inhabitants in Barmodes." [Col. Papers, Vol. XLIII., No. 158 I.]
Nov. 28.
Whitehall.
1192. Order of the King in Council. That Colonel Stapleton be commended for his service in resenting the insult offered to the English flag by the Comte de Sourdis (see ante, No. 1024), and acquainted with the issue of the late negotiations for a treaty of neutrality with the French, as also with His Majesty's bountiful supply of 1,500l. towards the building of Forts in the Leeward Islands, and with other necessary particulars. [Col. Papers, Vol. XLIII., No. 159, and Col. Entry Bk., Vol. XLVI., p. 410.]
Nov. 28.
Whitehall.
1193. Order of the King in Council. That Sir Henry Coventry enter claim with the French Ambassador, and through the English Ambassador in France, for satisfaction in respect of the indignities if offered to English subjects in St. Christophers [see Report of Lords Trade and Plantations ante, No. 1158]. [Col. Entry Bk., Vol. XLVI., p. 410.]
Nov. 28.
Whitehall.
1194. Order of the King in Council. On Report of 22nd October (ante, No. 1158 I.), that the Commissioners of the Treasury take care that the farmers of the 4½ per cent. duty pay to Governor Stapleton 1,500l. out of that duty, to be by him devoted, as he shall think most requisite, to the construction of one good fort in each of the Islands under his Government. [Col. Entry Bk., Vol. XLVI., p. 397.]
Nov. 28.
Whitehall.
1195. Order of the King in Council. On petition of Thomas Lord Culpeper, Governor of Virginia, to have the same honour and privilege with all His Majesty's Governors of Plantations in America of wearing a flag in the main top outside the limits of the Narrow Seas. Ordered, that the Lords of the Admiralty allow the same, if any of His Majesty's Governors under the same characters have actually enjoyed the privilege. [Col. Entry Bk., Vol. LXXX., pp. 376, 377.]
Nov.
Whitehall.
1196. Minute of a Committee of Trade and Plantations. That the petition of Mr. Sands concerning the custom of tobaccos to be repaid him in Virginia is referred to the Treasury. [Col. Entry Bk., Vol. CVI., p. 103.]