America and West Indies
December 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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448-462

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'America and West Indies: December 1679', Calendar of State Papers Colonial, America and West Indies, Volume 10: 1677-1680 (1896), pp. 448-462. URL: http://www.british-history.ac.uk/report.aspx?compid=69996 Date accessed: 18 April 2014. Add to my bookshelf


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Contents

December 1679

Dec. 1.
Whitehall.
1197. Journal of Lords of Trade and Plantations. Petition (ante, No. 1191) read from the inhabitants of Bermuda praying that the Company might be directed to attend with their final answer concerning their grievances. Ordered, that copy of the petition be sent to the Company, and that they attend with their answer upon the last Order of Council which otherwise will be pursued. ½ p. [Col. Entry Bk., Vol. CVI., p. 104.]
Dec. 1.1198. William Blathwayt to the Deputy Governor and Company of the Somers Islands. Enclosing copy of the petition of the inhabitants of Bermuda (see ante, No. 1191), with orders to attend their Lordships with their answer to the Order in Council of 14th November, or, in default, to understand that the directions therein contained will be followed. [Col. Entry Bk., Vol. XVII., p. 82.]
Dec. 1.
St. Jago de la Vega.
1199. Governor Lord Carlisle to Secretary Coventry. Since last writing, letters have come from Captain Johnson of H.M.S. Success who was ordered to coast round Jamaica in search of privateers. Johnson has taken one Captain Sawkins with his vessel and sent him to Port Royal, where he remains in custody until the King's evidence be got ready. The Success is now gone to attempt one Peter Harris on board the Dutch frigate lately surprised by him among the South Keys off the coast of Cuba, where the ship cannot safely adventure. Doubts not soon to hear a good account of him. Since the suspension and removal of Colonel Long the Assembly is a little more sedate. They have raised a parochial tax of 1,300l. to pay for the new fortifications at Port Royal, and are this day preparing a Bill to continue the revenue on foot for twelve months from the 2nd March next. Is inclined to accept this from prudence, not finding all the Council very inclinable to raise a Bill of Revenue by order of the Governor and Council without some further power from the King. "Read at the Committee 4th March 1679–80. 1 p. [Col. Entry Bk., Vol. XXIX., p. 373.]
Dec. 1.
Whitehall.
1200. Warrant to Sir Stephen Fox for payment of 339l. 1s. 2d. to Lord Culpeper's company of foot in Virginia for two months to the end of December 1679. [Dom. Entry Bk., Chas. II., Vol. LIX., p. 29.]
Dec. 3.
Whitehall.
1201. Order of the King in Council. That Lord Culpeper, according to his request, have liberty to stay in town about his affairs until Monday next "and no longer, and then to proceed forthwith on his voyage to that government" (of Virginia); of which the Commissioners of the Admiralty are to take notice. [Col. Entry Bk., Vol. LXXX., p. 373.]
Dec. 4.
St. Jago de la Vega.
1202. Governor Lord Carlisle to Secretary Coventry. On the very night when I wrote of the intended cruise of H.M.S. Success, I was surprised by the news of her being bilged upon her anchor and become irrecoverable. They say, what I can scarce believe, that her bottom is out, lying run by a current upon a bank of sand in 15 foot water. Have sent provisions and water to the men, ordered Captain Johnson to save what he can, and despatched the Hunter to his assistance. I regret the King's loss, and this Island's, and the disappointment of her commander who was a very diligent man on board, and by his carriage gave me great hopes of better success. The pilot is in prison till I can hear the matter from Captain Johnson, face to face. "Read at the Committee 4th March 1679–80." [Col. Entry Bk., Vol. XXIX., p. 374].
Dec. 4.
Whitehall.
1203. Journal of Lords of Trade and Plantations. The Bermuda Company attend with their answer to the petition of the inhabitants and are called in—Sir Gilbert Gerard, Mr. Alderman Chalnor, Mr. Banner, Secretary, and others; on the other side Mr. John Trot and Josias Pitts. The Company endeavoured to excuse their proceedings of justice but were answered with denial and proof by Mr. Trot. Finally, Sir Gilbert Gerard in the name of the Company declared that they would rely wholly on His Majesty's favour granted them in their charter, and only submit the legality of it and of their proceedings unto the law. Their Lordships thereupon agreed that the Order of Council of 12th November last should be pursued, and that the Attorney-General be directed for the prevention of further differences and complaints to bring a quo warranto against that charter, which bears date the 29th June in the eighteenth year of King Charles. I.
Report on the payment of Mrs. Jeffreys approved, a clause being added to admit Lady Berkeley to put in a further claim.
Draft report for the examination of public offices in America approved. Agreed further to recommend His Majesty to order that Governors dispose not of their places for gain, but make choice of fit persons without any other consideration.
Sir Jonathan Atkin's letter of 10th September (see No. 1113) read; extracts of the same ordered to be sent to the Commissioner of the Treasury. 2 pp. [Col. Entry Bk., Vol. CVI, pp. 104–106.]
Dec. 4.
Council Chamber.
1204. Minute of Lords of Trade and Plantations. That His Majesty be moved to order the Governors of the Plantations to dispose of no places for gain, but in consideration only of a person's ability and fidelity. Read in Council 21st December 1679. [Col. Papers, Vol. XLIII., No. 160.]
Dec. 4.
Council Chamber.
1205. Lords of Trade and Plantations to the King. Report on petition of Bartholomew Price, Administrator to the late Lieutenant-Governor Jeffreys, in reference to the right of the widow Jeffreys to 300l. for salary due to her husband for the first three months after his arrival in Virginia, and Lady Berkeley's pretensions to the same. Although Sir William Berkeley remained actual Governor three months after the arrival of Colonel Jeffreys, it was contrary to His Majesty's order, and Colonel Jeffreys had no other maintenance or support for the said term than said 300l. The Lords are of opinion that it should be paid to said Price on giving security to abide His Majosty's final determination if Lady Berkeley think fit to prosecute the matter further. 2 pp. [Col. Entry Bk., Vol. LXXX., pp. 369–371.]
Dec. 4.
Council Chambers.
1206. Report of Lords of Trade and Plantations. The business of Mounthope. Recapitulates the petition of Mr. John Crown, of 6th February, and the letter of New Plymouth. Are of opinion that the lands in Mounthope should be granted in full and entire property to New Plymouth on condition of paying a quit-rent of seven beaver skins or 14 marks a year, and that the King should promise on due application to confer on them a new charter containing all such privileges and advantages as shall be by them reasonably desired, and by the King thought fit. Signed, Radnor, Anglesey C.P.S., J. Bridgwater, Essex, L. Hyde, J. Ernle. Endorsed, " Read in Council 21 Dec. 1679." 6 pp. [Col. Papers, Vol. XLIII., No. 161, and Col. Entry Bk., Vol. LXI., pp. 10–15.]
Dec. 5.
Whitehall.
1207. The King to Thomas Lord Culpeper, Governor of Virginia. Has lately received an address from the Assembly of Virginia, dated 20th May last, in behalf of themselves and His Majesty's soldiers, for payment of arrears and remission of arrears of quit-rents. Directs him to acquaint the Assembly upon his arrival in Virginia with the care His Majesty had taken at Lord Culpeper's instance, before the receipt of their address, for payment of the arrears due to the soldiers and for the continuance of the same for the future without any charge or other trouble to the country than only to give credit for their quarters at 2s. per week each, until monies be from time to time remitted. As to the quit-rents, His Majesty will shortly give such orders as will consist with his service and the ease of the people there. His Majesty hath sent some laws to them with which he expects a cheerful and ready compliance. [Col. Entry Bk., Vol. XCIX., p. 16.]
Dec. 5.
Whitehall.
1208. Order of the King in Council. That the Commissioners of His Majesty's Ordnance forthwith put on board the Oxford frigate the proportion of arms and furniture for 200 dragoons herein set forth, to be there delivered to Lord Culpeper for the use of the Colony of Virginia. List of stores:—Powder, 100 barrels; Dragoon muskets, 100; bayonets with belts, 100; swords, 100; shoulder belts, 100; cartouche boxes with girdles, 200; French tents furnished, 15. [Col. Entry Bk., Vol. LXXX., pp. 373, 374.]
Dec. 6.
Whitehall.
1209. Journal of Lords of Trade and Plantations. Agreed to report to the Council that the several bundles of papers relating to foreign trade and plantations in the Council Office be lodged in the office of the Committee of Trade and Plantations, and a list of them left with the Clerk of the Council that they may be ready for the service of the Council and the Committee upon all occasions. [Col. Papers, Vol. XLIII., No. 162, and Col. Entry Bk., Vol. CVI., p. 107.]
Dec. 6.1210. His Majesty's Commission appointing Thomas Lord Culpeper to the office of our Lieutenant and Governor-General of Virginia during life, with all its rights, members, and appurtenances whatsoever. 14 pp. [Col. Entry Bk., Vol. LXXX., pp. 313–326.]
Another copy is entered in Col. Entry Bk., Vol. XCIX., pp. 1–14, with a marginal note that this Commission is made void by a Commission entered in this book, dated 27th January 1681–2.
Dec. 6.1211. Royal Instructions to Thomas, Lord Culpeper, Governor of Virginia. These are contained in seventy-two separate articles and have, in marginal notes, "an account of his Lordship's compliance therewith." [These notes were made by Lord Culpeper two years later, as appears by the original instructions signed by the King with Lord Culpeper's original notes in his own handwriting, dated 12th December 1681.]
The Instructions contain a list of the Council, viz.:—
Sir Henry Chicheley, Lieutenant-Governor,
Colonel Nathaniel Bacon,
" Daniel Parks,
" Ralph Wormley,
Major Richard Lee,
Colonel Joseph Bridger
Henry Meese,
Colonel Thomas Swann,
" Robert Smith,
" Nicholas Spencer,
" Rowland Place,
" Austin Warner,
Major-General Custis,
Francis Leigh,
and among other points, order the salaries of members of Assembly to be cut down. [Col. Entry Bk., Vol. LXXX., pp. 326–356, and Vol. XCIX., pp. 19–52. (Without marginal notes.)]
Dec. 6.1212. Minute of Lords of Trade and Plantations. As to the lodging the papers concerning trade and plantations in their own office, instead of in that of the Privy Council. [Col. Papers, Vol. XLIII., No. 163.]
Dec. 7.
Whitehall.
1213. Additional Instruction to Thomas Lord Culpeper, Governor of Virginia. To forbear the publication of his additional Commission, dated 6th December instant, for six months after his arrival in Virginia, if he shall so think fit. [Col. Entry Bk., Vol. LXXX., p. 404, and Vol. XCIX., p. 2.]
Dec. 8.
Whitehall.
1214. William Blathwayt to the Lord Chancellor. Has compared the three Acts, viz., for naturalization, for raising a public revenue, and of general pardon and oblivion in Virginia, as they are engrossed on parchment, and finds them to agree with the originals lying in the Council Office for Trade and Foreign Plantations.[Col. Papers, Vol. XLIII., No. 164.]
Dec. 8.
Whitehall.
1215. The King's Warrant to Lord Culpeper to assent to the Acts of Pardon and Oblivion, the Act of Naturalization, and the Act of Public Revenue for Virginia. [Col. Papers, Vol. XLIII., No. 165, and Col. Entry Bks., Vol. LXXX., pp. 395-6, Vol. XIX. p. 17, and Vol. LXXXVII., pp. 1–29. Copies of the Acts follow in the last named.]
Dec. 10.1216. Warrant to His Majesty's Officers of the Ordnance to deliver to Thomas Lord Culpeper, Governor of Virginia, or his substitute, two flags for His Majesty's forts in Virginia. [Dom. Entry Bk., Chas. II., Vol. XXIX., p. 344.]
Dec. 10.
Whitehall.
1217. Order of the King in Council, that in case Lord Culpeper do not go on board the Oxford frigate now lying in the Downs on Friday evening next or before that time, said frigate be then directed to come into the river Thames on Saturday morning next without fail or further delay. [Col. Entry Bk., Vol. LXXX., p. 375.]
Dec. 10.
Whitehall.
1218. Order of the Privy Council. For the lodgment of the papers relating to Trade and Plantations in the office of the committee for the same. [Col. Entry Bk., Vol. XCVII., p. 74.]
Dec. 11.
Plantation Office.
1219. [Sir Robert Southwell] to Mr. Guy. The complaint of the farmers of the 4½ per cent. against an Act made in Barbadoes to the prejudice of that revenue having been referred to Lords of Trade and Plantations (see ante, No. 1023), letters were sent by His Majesty to Sir Jonathan Atkins for the remedy of inconveniences that might arise. Their Lordships wishing to give the Lords of the Treasury the information come to their hands, transmit extract of a letter from Governor Atkins, by which it appears that such care had been taken by hindering the execution of the Act complained of by the farmers that no detriment had accrued to His Majesty's revenue by it. Draft with corrections. 1 p. [Col. Papers, Vol. XLIII., No. 166.]
Dec. 12.
Whitehall.
1220. Order of the King in Council. Report of Lords of Trade and Plantations, setting forth the great inconveniences to which the Government of His Majesty's Plantations hath been subjected in the matter of public offices, and therefore presenting their opinions that a full inspection be made into all public offices of trust which are under His Majesty's immediate Government in America. Ordered, That the Lords of Trade and Plantations make a full inspection into all the said public offices and places of trust, and distinguish which may be fitly left to the disposal of the Governor of each respective Plantation, from such as may be more proper for His Majesty to grant by his especial orders. [Col. Entry Bk., Vol. XCVII., pp. 71, 72.]
Dec. 12.1221. Order of the King in Council. To enforce the recommendations of the Lords of Trade and Plantations respecting the correspondence of Governors (ante, No. 1182). 1½ pp. [Col. Papers, Vol. XLIII., No. 167, and Col. Entry Bk., Vol. XCVII., pp. 72–74.]
Dec. 12.1222. Order of the King in Council. For an inspection of offices in the different plantations (see ante, No. 1183). [Col. Papers, Vol. XLIII., No. 168, and Col. Entry Bk., Vol. XCVII., p. 71.]
Dec. 12.
Whitehall.
1223. Order of the King in Council. On the following representation of the Lords of Trade and Plantations. The Lord Privy Seal having presented to the Lords of Trade and Plantations a Bill granting to John Bindloss the posts of Clerk of the Crown and Peace and Clerk of the Markets and Fairs in the Island of Jamaica, their Lordships objected, (1) That by this Bill a plurality of offices of different nature is granted to one person. (2) That the said offices are granted to him for life. (3) That it is not convenient for His Majesty's service that the said offices should be executed by deputies when the patentee resides in England. Lord Carlisle's instructions forbid him to permit any person to execute more offices than one by deputy. Their Lordships are the more confirmed in their opinion, as they learn that the received practice of the Island is that the Custos Rotulorum of each several district usually appoints the Clerk of the Peace for that district, which appears a better arrangement than that the offices should be granted to one person, who cannot so well execute so great a trust. Ordered, That the Earl of Anglesey, Lord Privy Seal, take care that this Bill do not pass the Privy Seal. [Col. Entry Bk., Vol. XXIX., p. 325.]
Dec. 12.
Whitehall.
1224. Order of the King in Council. Report of Committee for Trade and Plantations (see ante, No. 1205) on petition of Bartholomew Price, Administrator to the late Lieutenant-Governor Jeffreys, in reference to the rival claims of Mrs. Jeffreys and Lady Berkeley, to a sum of 300l. due for salary to the late Governor of Virginia. Ordered, That Alderman Jeffreys, in whose hands said money remains, do pay the same to Mrs. Jeffreys, subject to the condition laid down in the above report of 4th December. [Col. Entry Bk., Vol. LXXX., pp. 371, 372.]
Dec. 15.
Hartford.
1225. Commission to William Harris from the Governor and Council of Connecticut. Empowering him to appear on behalf of the Province and prove its title to Narragansett. Original. Signed, William Leete, Governor. Sealed and countersigned by John Allyn, Secretary. Endorsed, Recd "6 Jan. '80." [Col. Papers, Vol. XLIII., No. 169.]
Dec. 15.
Hartford.
1226. Instructions for Mr. William Harris, the representative of Connecticut. He is to take the first opportunity to proceed for England, and on his arrival there to acquaint His Majesty that he is empowered to appear on behalf of Connecticut, to repair to the best counsel learned in the law for help and advice, and to use his utmost endeavour by petition or otherwise, to obtain such a settlement as may effectually prohibit the Rhode Islanders and others from giving molestation in the exercise of their government. If his copy of the charter is not sufficient, he is to repair to Mr. James Porter of London, with whom Governor Winthrop left the exemplification of the charter, and who is hereby ordered to deliver it, and when he has done with it he is to leave it with Mr. William Whitting of London, who is hereby desired to keep it till further order. He is to give them intelligence of his progress from time to time, and to make the best dispatch. Signed, John Allyn, Secretary. Endorsed, "Recd. 6 Jan. 1680." 1 p. [Col. Papers, Vol. XLIII., No. 170.]
Dec. 15.
Whitehall.
1227. Journal of Lord of Trade and Plantations. Lord Carlisle's letters of 15th, 17th, 24th September (ante, Nos. 1118, 1119, 1122, 1129), with their enclosures read, after which Sir Thomas Lynch, Lord Vaughan, and Sir Francis Watson were called in, and the two first gave an account of what they know of the Government of Jamaica since the Restoration, and during their own tenure thereof. They were then desired by the Committee to put the same in writing, and attend the meeting on Monday next therewith. 2½ pp. [Col. Entry Bk., Vol. CVI., pp. 107–110.]
Dec. 15.
Council Chamber.
1228. Mr. Blathwayt to Lord Vaughan and Sir Thomas Lynch. Requesting statement in writing of whatever they may know of the rights, privileges, and usages claimed by the inhabitants and Assembly of Jamaica, in relation to their laws and methods of Government, particularly in the matter of disposing and accounting for the revenue, with any other matters that may have been suggested to them at their last examination before the Committee. Also bidding them attend the Lords of Trade and Plantations with this report on Monday morning next. Draft. [Col. Papers, Vol. XLIII., No. 171.]
Dec. 16.1229. Minutes of the Council of Barbadoes. Ordered, That Henry Walrond, John Witham, Richard Howell, and Edwyn Stede, be a Committee to examine the rules of the High Court of Chancery, the fees taken by the Clerk or Registrar and Examiner, and the Sergeant-at-Arms, and report to his Excellency and Council what they find necessary to be altered, added, diminished, or confirmed. [Col. Entry Bk., Vol. XI., pp. 304, 305.]
Dec. 16.1230. Journal of Assembly of Barbadoes. A Bill of habeas corpus, presented by Richard Seawell, passed unanimously.
Dec. 17.An Act for destroying monkeys to lie under consideration till next sitting. An Act for speedy remedy in distresses, returned from his Excellency and Council with amendments, referred for consideration. Adjourned to 20th January next. [Col. Entry Bk., Vol. XIII., pp. 371, 372.]
Dec. 17.
Whitehall.
1231. Order of the King in Council. Lord Culpeper having failed to go on board the Oxford frigate at the time appointed by an Order of 10th instant, His Majesty is pleased to direct one of his Principal Secretaries of State to signify by letter to the Lord Culpeper the high displeasure His Majesty hath conceived at his delay and neglect of duty, and that his royal intentions are to appoint another Governor for Virginia unless he repair without further delay on board the Oxford frigate as soon as the same returns to the Downs, the charge of pilotage which Lord Culpeper has occasioned to be deducted out of his salary. [Col. Entry Bk., Vol. LXXX., pp. 375, 376.]
Dec. 17.
Whitehall.
1232. Order of the Privy Council. That the Commissioners of the Admiralty give directions to the Captain of the Oxford frigate to return forthwith with his ship to the Downs, there to receive the Lord Culpeper on board in order to his voyage to Virginia. [Col. Entry Bk., Vol. LXXX., p. 376.]
Dec. 17.
Whitehall.
1233. Lords Proprietors of Carolina to Governor and Council of Ashley River. By the ship that carries this letter several foreign Protestant families go to Carolina to settle, whom we recommend to your care, and desire may be so treated as to encourage others to follow them. They are to have the quantities of land appointed in our letter of 19th May last (ante, No. 992), whereof we now send a duplicate. Pray let their land be "run" out to them with the least possible delay. Among them there are many well skilled in the making of wine, oil, and silk. We hope the English will learn of them. We are informed that Oyster Point is not only a more convenient place for the building of a town than that pitched on by the first settlers, but that the people's inclinations tend thither. "Wherefore we think fit to let you know that the Oyster Point is the place we do appoint for the port-town, of which you are to take notice and call it Charlestown, and order the meetings of the Council to be there held, and the Secretary's, "Registrar's, and Surveyor's offices to be kept within that town. And you are to take care to lay out the streets broad and in straight lines, and that in your grant of the town-lots you do bound everyone's land towards the streets in an even line, and suffer no one to encroach with his buildings upon the streets, whereby to make them narrower than they were first designed."
We have granted to Mr. Réné Petit and Jacob Guéard each a manor of 4,000 acres. You are to pass their respective grants as soon as you shall be desired either by them or their attorneys, and we wish you to give them all the assistance that you can in the choice of land suitable for the commodity which they intend to plant. 1½ p. Subscribed, "Per the Richmond frigate, Capt. Dunbar Commanding." Duplicate sent by Captain Comings, 17th May 1680. [Col. Entry Bk., Vol. XX., pp. 143, 144.]
Dec. 18.1234. Sir Thomas Lynch to Lords of Trade and Plantations. The Report called for on 15th December (see ante, No. 1228), headed, "A brief account of the Government of Jamaica since His Majesty's Restauration." In 1661 Colonel Doyley had a commission to govern, and having disbanded the army, to erect a civil government, and to act by advice of an elected Council. This government lasted about 8 or 10 months. In 1662 Lord Windsor succeeded. He carried over a proclamation to give 30 acres to all settlers, together with freedom and denizenation to them as natives of England. He likewise was empowered to call an Assembly and enact laws not repugnant to the law of England, to which the government of Jamaica was to be assimilated. He nominated his Council. Sir Charles Littleton succeeded Lord Windsor (who stayed about two months only), and called the first Assembly that made a body of laws, with an Act for raising money which was received by a Collector of their own, and never accounted for in England. He nominated a Council of about twelve members and governed about 20 months, leaving Sir Thomas Lynch as President of the Council to administer the government pending Sir Thomas Modyford's arrival. In May 1663 Modyford came with commission and instructions to erect judicatures, call Assemblies, to make laws that were to be in force two years and no longer unless approved by the King, after the manner of the Windward Islands, to assimilate the laws to those of England, and respect liberty of person and property according to the law of England. He had a Council like Sir C. Littleton's, and called an Assembly that re-enacted and enlarged his laws, and raised revenue by an impost on strong liquors that was called the King's, for the services in the Island named in the Act. These laws were sent home, but not being returned approved were continued by him to the end of his government by Order in Council. The people obeyed them readily enough, treating them as made by themselves rather than revived by the Council. "For that Governor had much more power than his successors, and being well supported in England, and the Colony young and poor, nobody questioned anything." In 1670 Sir Thomas Lynch came with the same commission and title of Commander-in-Chief, and with instructions to the same purpose, and to encourage the Colony. He called an Assembly soon after his arrival that altered and enlarged Modyford's laws, passed the Act of Revenue to the King as indefinite [perpetual] for the Island's services named in the Act. The revenue was received by Collectors nominated by him and approved by the Council. Two years later these laws, not being confirmed, were again re-enacted by the Assembly; the revenue was then made for two years; all officers to account to the Governor and Council; and the Assembly, or any individual thereof, might see that the money was employed to needful and public uses. In June 1674 Lord Vaughan arrived. His Council was named in his commission, whereby also he was directed to call an Assembly according to the custom of the Island, to be deemed the people's representatives, and to make laws for the preservation of property and encouragement of planting. He immediately called an Assembly which passed all the former laws, which, excepting the Act of Revenue, were sent home for confirmation. These not being returned at the two years' end, he called another Assembly and repassed the same laws. But the Act of Revenue Lord Vaughan rejected, so he and the Island were for a year without revenue. About two years ago Lord Carlisle was sent Governor with Lord Vaughan's first laws, and an Act for a perpetual revenue on the English model, which Act (as I have heard) was not to be examined by the Jamaica Council but passed by the Assembly entirely. No Assembly was to be called except by order from England or on extraordinary emergency, and no Assembly to deliberate on new laws or amendments, but such laws to be framed by the Council there, remitted to His Majesty, and, if returned with his approbation, to be passed by the General Assembly after the manner of Ireland. This they have found grievous and inconvenient, and have addressed Lord Carlisle to intercede with His Majesty to change these orders, which, as I hear, His Majesty, on report of the Committee, has not consented to do. I hear also in discourse that they will not give their consent to Acts which they have not debated, their reason, so far as I can gather, being:—1. That being English they think they have a right to be governed as such, and to have their liberties and properties secured by the laws of England, or others of their own making. 2. They believe that the King, in the proclamation brought over by Lord Windsor, granted them freedom, denizenation, and encouragement to transplant. 3. The King has declared by his several commissions that they shall be so governed, which commissions are recorded, and the people have for 16 or 17 years been governed by the laws of England and of their own making 4. All other colonies have, and always have had, Assemblies and power to originate laws. 5. The Trish system is tedious from the distance between Jamaica and England, and the frequent changes of local interest. 6. The Irish system (they say) was desired by the English to support them against the Irish, but in Jamaica they are all English. 7. They fear the rumours of such a change may drive settlers and trade from the Island. 8. If Assemblies have been constituted in all other colonies from their first settlement as a government most like that of England, they hope that an exception may not be made in their prejudice. If particular people have offended, let them suffer and not the Colony. 9. They hope the King will consider that his interests and those of trade are bound up with theirs, for the burden of improvement and defence lies on the planters, and agreeable laws will make them bear it. Further considerations. The Assembly will probably reject the laws offered to them, yet the need for revenue is urgent; the Council may join the Governor to order the laws to be continued, but I verily believe that they will not continue the Revenue Bill, for they think that belongs to the Assembly. If they do it, it will not be without process, and I doubt the Judges would quit and the juries give constantly against the officers. It would be the same, or worse, if an order to that effect were sent from England, and it would give strange umbrage to the rest of the colonies, which are too much discouraged already by low prices and French competition. 8 pp. Inscribed, "Recd. from Sir Tho. Lynch the 20 of Dec. 1679. Read at the Committee of Plantations, 22 Dec. 1679." [Col. Papers, Vol. XLIII., No. 172.]
Dec. 18.
Nevis.
1235. Governor Stapleton to Lords of Trade and Plantations. After long waiting I have had conference with the French General upon the grievances of British subjects. We had several debates upon St. Christopher's, personally, in writing, and by officers sent to and fro between us—all to little or no purpose. Particulars are annexed: my demands, his answer, and some frivolous demands of his made only to say something, and my reply to his answer. You will judge of their unjust delaying of right contrary to the law of nations and the Articles of Breda, of their obstructing His Majesty's peaceable enjoyment of his sovereignty and property in one half of the salt ponds and the lands belonging thereunto; referring still the decision, as well as that respecting Brimstone Hill, to their Majesties. Half of Brimstone Hill and the land it occupies has been offered to them and never denied, but they will not take it, and insist that the question shall be referred, because they will not part with half of the salt ponds, lands, and bays, which is at least 3,000 acres in all, besides the convenience of the bays, which are the very best in Nevis or St. Christopher's for careening of vessels. Now all Brimstone Hill is but eight acres. Having laid before you the heads of my demands, of which some might have been relinquished had we descended to particulars such as that of the ordnance and reparation of damages, I will not repeat more on this head. I venture to suggest that if any treaty be on foot concerning these Islands that something may be offered to commute or buy the French parts of St. Christopher's. They might be exchanged against Montserrat, which is next to them. St. Christopher's and Nevis being so close together could maintain so numerous a body of men that no enemy of usual strength from Europe could in any probability take either, certainly no force that the French possess in these parts. On the other hand we must never part with the English part of St. Christopher's, for then they would have a body of men that could take Nevis and all the rest of the Leeward Islands. I beg your Lordships to believe that I suggest this in the public interest only. I and some of my friends have plantations and sugar works in Montserrat so well provided with conveniences, such as waterworks, that we could not find the like in any French ground if the proposed exchange were made. I presume to speak with the true sense that we and the French can never cordially agree in St. Christopher's, and that the possession of the French therein means, upon the least breach or rupture, the loss of our portion, and for aught I know of all the other islands, unless His Majesty like the French King send considerable men-of-war here every year. Notwithstanding the return of the Vice-Admiral of France they have four men-of-war here and expect seven more. After they have left the French General at Martinique they go to Leeward to demand satisfaction of the Spaniards for the capture of one of their corvettes. I humbly pray that if any ship of war be sent hither it be not a ketch, which cannot be of any credit to the nation. I have sent the Deptford, ketch, to Surinam, to transport English subjects, or as many of them as she can carry, to Antigua, for they are in danger of being cut off by the Indians as some have been already. 1 thought this more tending to the King's service than her waiting here. "Recd. 9th and read 19 Feb. 1679–80." 3 pp. [Col. Papers, Vol. XLIII., No. 173, and Col. Entry Bk., Vol. XLVI., p. 412.] Annexed,
1235. i. Demands made by Colonel William Stapleton of Comte de Blenac. The claims made are:—(1) for the restitution of all parts of St. Christopher's possessed by British subjects in or before the year 1665, particularly half of the salt ponds now in possession of the French; (2) restoration of many dwellings given up by surprise; (3) satisfaction for ravages of the French since the Peace of Breda, 1667, destruction of churches, houses, &c.; (4) restoration of guns, 39 in number, captured in the fort; (5, 6, 7) restoration of negroes taken by the French; (8) restoration of a ship, the William Edward, and cargo belonging to two merchants of St. Christopher's; (9) satisfaction for obstruction in transport of English goods, and provision for freedom of roads and harbours in future.
1235. ii. Stapleton's demands translated into French, and refuted in parallel columns, also in French. At the close are Blenac's counter demands or complaints, eight in number and signed. Dated 6th December [26th November O. S.] 1679. 7½ pp.
1235. iii. Blenac's replies translated into English and refuted by Stapleton in parallel columns. Of these answers some are "utterly denied," others "in no way satisfactory." A note at the foot points out that "in the French roads they would cunningly surmise and conclude the salt-pond roads which are as to situation between Cayon and Pentecost River." Dated 28th November 1679. 2 pp.
1235. iv. Duplicate of No. III.
1235. v. Blenac's counter complaints translated into English and answered by Stapleton in parallel columns. A postscript desiring Blenac, if he decline the observation of former agreements respecting highways and roads, to publish the fact. Dated 28th November 1679.
1235. vi. Duplicate of foregoing. Subscribed, Recorded in the Secretary's office for this Island, St. Christopher's, 1 Dec. 1679.
1235. vii. "Form of a negotiation sent by the French General but refused by Colonel Stapleton." French, with comments scrawled by Stapleton in English over the margin. Undated and unsigned.
1235. viii. Project of negotiation sent by Colonel Stapleton to Blenac, which the latter refused to sign. Signed, Wm. Stapleton. "Recd. 3 March 1679–80." Endorsed,. . . . "did send signed to the French generall which he refused to signe."
1235. ix. Duplicate of the foregoing, dated by error the 1st Decr. [Col. Papers, Vol. XLIII., Nos. 173 I–IX.]
Dec. 19.
Whitehall.
1236. Order of the King in Council. For the arrest of John Culpeper for assuming the title of Collector of His Majesty's Customs in Carolina, and other proceedings in a rebellion contrived by him and Richard Forster. The said John Culpeper having since come to England being now upon his return back, the officers of the King's ships in the Downs are charged to search all vessels bound for Virginia, and the Custom House officials to do the same in the Western ports. Copy. 2 pp. [Col. Papers, Vol. XLIII., No. 174.]
Dec. 21.
Whitehall.
1237. Order of the King in Council. Approving report of the Lords of Trade and Plantations of 4th December (see ante, No. 1206) on the question of Mounthope, and ordering the preparation of a letter in accordance therewith to the General Court of New Plymouth for the Royal signature. 2 pp. [Col. Entry Bk., Vol. LXI., pp. 15–17.]
Dec. 22.
Whitehall.
1238. Journal of Lords of Trade and Plantations. The paper delivered by Sir Thomas Lynch on Jamaica (ante, No. 1234) read, and also a proclamation published by Lord Windsor in 1661, encouraging people to settle on the Island with promise of the same privileges to all intents and purposes as of any free-born subjects of England. The proclamation referred to Sir Charles Littleton for verification, who remembers that such an one was published in Jamaica. Agreed that Lord Carlisle be directed to give full particulars as to the quit rents, the area of the Island patented, manured, and uncultivated, and the price of Crown lands and also be ordered in very pressing terms to answer the several heads of enquiry addressed to him many months before.
The Jamaica Act of Revenue read and certain points at variance with the laws of England referred to the Attorney-General. The Jamaica Militia Bill considered, and the Attorney-General directed to explain the clause which has given alarm to the Jamaica Assembly, inasmuch as it gives the Governor no greater powers than those vested in the King by Acts of Parliament in England. Lord Vaughan's answer touching the Government of Jamaica (see next abstract) read, and his Lordship and Sir Thomas Lynch called in. Agreed to summon certain Jamaica merchants named by them to attend the Committee, viz., Mr. Charles Modyford, Mr. Waterhouse, Thomas Duck, Andrew Orgill, Mr. Potts, Alderman Beck, and Sir Francis Chaplin. The arrears of pay due to the two foot companies in Jamaica, and the injuries inflicted by Spaniards on English ships carrying logwood and cocoa, also considered. 4 pp. [Col. Entry Bk., Vol. CVI., pp. 111–114.]
Dec. 22.1239. Lord Vaughan to the Lords of Trade and Plantations, Report on the Government of Jamaica called for on the 15th (see ante, No. 1228). Jamaica seems to differ from the other plantations in that the planters have no privileges granted to them by Letters Patent, as all other Colonies had in their infancy. The King found it an acquisition to England on his restoration. This Report confirms that of Sir Thomas Lynch (see ante, No. 1234) in all particulars down to Lord Vaughan's own tenure of the government. When Lord Vaughan succeeded there was this difference in his commission; that whereas the laws passed by other Governors were to continue for two years and no longer unless confirmed by the King, the laws passed by him were to continue two years unless the King signified his pleasure to the contrary. Lord Vaughan confirms Sir Thomas Lynch also in respect of the general feeling on the question in Jamaica, but will not presume to decide such high matters as the rights that Englishmen may lawfully claim in places acquired by conquest. 2 pp. Inscribed, "Recd. 22 Dec. 1679." Signed. [Col. Papers, Vol. XLIII., No. 175.]
Dec. 22.
Council Chamber.
1240. Recommendation of the Lords of Trade and Plantations. That the Attorney-General be desired to amend the last clause of the Militia Act transmitted by the King to Jamaica, the Assembly of that Island having refused to pass it lest thereby they should make it lawful for the Governor to execute whatever instructions might be sent to him. Also, that the Attorney-General examine and report whether there be any law in England to hinder the levying on all ships that arrive in Jamaica of a certain proportion of powder per ton, according to existing laws and ancient usage in the Island. The clause of the Militia Act with its amendments is added. Draft. [Col. Papers, Vol. XLIII., No. 176.]
Dec. 22.
Council Chamber.
1241. Report of Lords of Trade and Plantations to the King. Respecting the capture of British ships laden with cacao and logwood by the Spaniards in the West Indies, and the case of Paul Abney, as reported in Lord Carlisle's letter of 15th September (see ante, No. 1118). We are of opinion that satisfaction should be demanded both of the Spanish ambassador here and by your Majesty's envoy at the court of Spain for these acts of violence, such being contrary not only to the American treaty concluded with that crown, but also to the rules of common friendship which your Majesty had particularly endeavoured to cultivate of late by discouraging all encroachment on Spanish dominions, as e.g., the order respecting logwood cutting at Campeachy (see ante, No. 950). Signed, Anglesey, Worcester, J. Bridgwater, W. Coventry. Endorsed, Read in Council 28th Jan. 1679–80. [Col. Papers, Vol. XLIII., No. 177, and Col. Entry Bk., Vol. XXIX., p. 357.]
Dec. 22.
Council Chamber.
1242. William Blathwayt to [the Commissioners of Customs]. Requesting copies of all accounts relating to the trade exports and imports of Jamaica that have been or in the future may be received from Lord Carlisle. Draft. [Col. Papers, Vol. XLIII., No. 178.]
Dec. 22.
Council Chamber.
1243. William Blathwayt to [the Secretary of the Treasury ?]. Encloses extracts from Lord Carlisle's letters respecting the state of the two Foot Companies in Jamaica, whose pay is much in arrear, as also of the General Establishment which is in the like condition, for the consideration of the Lords Commissioners of the Treasury. Draft. [Col. Papers, Vol. XLIII., No. 179.]
Dec. 25.1244. Account of the Trade of the Colonies with each other from Michaelmas 1677 to Michaelmas 1678, drawn from the Returns in the Custom Houses. Endorsed with a note, that accounts have yet been received from New York and New England, while the returns of Virginia, Antigua, and others not within mentioned, are in the hands of the auditor. [Col. Papers, Vol. XLIII., No. 180.]
Dec. ?1245. Statement of the dispute between Lord Carlisle and the Assembly of Jamaica respecting the appointment of their Clerk. There are instances in the books at the Plantation office of the Assembly's appointing its own clerk and messenger. The dispute with Lord Carlisle arose in October 1679, and the Assembly appointed four members to discourse with him, who reported that Lord Carlisle affirmed it to be the King's right to appoint the Clerk of Assembly in all his dominions, and that he would not recede from it, but that he would take a place for the journals and papers to which the subject might resort for their perusal, and that if the Assembly desired the clerk should give security. Extract from Lord Carlisle's despatch of 24th September on the subject (see ante, No. 1129). [Col. Papers, Vol. XLIII., No. 181.]
Dec. ?1246. Representation to the Lords Proprietors of Carolina concerning the rebellion in that country. The rebellion was deliberately contrived, the chief promoters being influenced by ambition or disloyalty towards the Government. Captain Valentine Bird took up arms when he heard that a new collector of His Majesty's customs was coming out to take his place, he having been guilty of fraud in that department. George Durant was always a discontented man and was the most active of the rebels. Captains William Crawford, John Willoughby, Thomas Cullum, Lieutenant-Colonel John Jenkins, John Culpeper, Patrick White, Captain James Blount, Bonner, Slocum, and others took an active part in the rebellion. 8½ pp. Endorsed, To be made use of in further examinations [of John Culpeper ?]. [Col. Papers, Vol. XLIII., No. 182.]