|
| Nov. 1. |
1566. Journal of Lords of Trade and Plantations. Mr. Penn's
petition read, asking that a day may be appointed for preparing
the grant to him of the land that he desires in America. |
|
Colonel Long and the other gentlemen of Jamaica attend and
are asked whether, in consideration of the King's restoring to them
a deliberative voice and appropriating the quit-rents and the rest
of the revenue to the Government, they will be prepared to vote
the King a perpetual revenue. They answer that they do not
believe the Assembly will grant the revenue for longer than seven
years, but may grant the Governor's salary perpetual and the rest
for seven years. The gentlemen being withdrawn, the Lords agree
after debate to instruct the Governor to endeavour to pass the
Revenue Bill perpetual, but, failing perpetuity, to pass it for the
longest term that he can, not under seven years. The Bill for
public Revenue passed under the Great Seal, read, and amended.
[Col. Entry Bk., Vol. CVI., pp. 224, 225.] |
Nov. 1.
Council Chamber. |
1567. [William Blathwayt] to Lord Chief Justice North. The
Lords of Trade and Plantations have this day perused an Act transmitted from Jamaica, wherein several clauses contain reference to
the laws now made or hereafter to be made in England, and,
finding the same to be of great consequence to the Government of
Jamaica, have referred the whole Act here enclosed for your
Lordship's consideration and opinion, and in particular concerning
that part which mentions the Courts of Justice and the laws and
statutes of England. Their Lordships therefore desire your
presence to-morrow at four o'clock in the afternoon. Draft. 1 p.
[Col. Papers, Vol. XLVI., No. 30.] |
| Nov. 2. |
1568. Journal of Lords of Trade and Plantations. Business of
Jamaica. The Bills transmitted by Lord Carlisle read. The
Militia Bill amended with the consent of the Jamaica gentlemen
so as to save the Governor's authority as Commander-in-Chief.
The Bills for regulating justice, ministers, and quit-rents also
amended. [Col. Entry Bk., Vol. CVI., p. 225–228.] |
Nov. 3.
Whitehall. |
1569. Order of the King in Council, to establish the following
economies in Jamaica. The two companies of foot soldiers to be
disbanded. The salaries of the Governor, Deputy-Governor, and
Lieutenant-General, at present paid out of the English Exchequer,
to be retrenched. The allowance of 600l. for maintenance of forts
to be discontinued. The grant of escheats, fines, and forfeitures to
the Earl of Carlisle to cease. [Col. Entry Bk., Vol. XXIX.,
p. 441.] |
Nov. 3.
Whitehall. |
1570. Powers given to the Earl of Carlisle for Legislation in
Jamaica. To call assemblies after the manner and form now in
practice, and for such assemblies to make laws with the advice and
consent of the Governor and Council; such laws to be agreeable, so
far as may be, with the laws of England, and every one thereof to
be transmitted to England within three months. The King
reserves the right of disallowing laws and gives the Governor the
power of veto. 4 pp. [Col. Entry Bk., Vol. XXIX., pp. 444–447.] |
Nov. 3.
Whitehall. |
1571. Royal Instructions to Lord Carlisle, Governor of Jamaica.
You will cause the Assembly to be summoned and the new powers
to be announced to them. You will then endeavour to procure the
passing of a Revenue Bill in such terms as will make it perpetual,
according to the draft herewith delivered to you, and you will
permit no material variations to be made from that draft. The
better to induce them you will announce that not the revenue only
but also the quit-rents shall be devoted to the public service.
Other Bills will also be given to you to propose in like manner to
your Council. You will send home authentic copies of all laws
passed in Jamaica, under pain of our high displeasure, and of
forfeiture of a year's salary. You will suffer no public money to
be issued but by your warrant, but the Assembly shall be
permitted to examine the accounts from time to time. All laws
for the future must, unless made for a temporary end, be perpetual,
and no law once enacted shall be re-enacted except on very urgent
occasions and with our express consent. You shall remit no fines
or forfeitures above the value of 10l. without first reporting the
matter to the Commissioners of the Treasury, but you may in the
meantime suspend payment of the fine. You will assent to no law
whereby the revenue may be lessened without our special leave.
The style of enacting laws is to be "by Governor, Council, and
Assembly," and no other. And since by former laws the parishes
of Jamaica have been so bounded as to encroach on the rights
of the Admiralty, you are to take care that a clause saving
the Admiralty's rights be inserted into such Acts in future.
You will assent to no law which exempts Jamaican shipping from
the impositions paid by shipping from the rest of our dominions;
and you will pass a law for the suppression of privateers. In all
other respects our commission and instructions of 1st March 1678
are to hold good. [Col. Entry Bk., Vol. XXIX., pp. 447–453.] |
| Nov. 3. |
1572. Private Instructions to Governor Lord Carlisle. If you
cannot secure the passing of a Revenue Act in perpetuity you are
to obtain it for as long a term as you can, not less in any case than
seven years. The salaries of the Governor, Deputy-Governor, and
Major-General are not to be specified in this Act. Among the
Acts given to you is one for the establishment of Courts of Justice
and another for prevention of law-suits, but you are not to gratify
the Assembly by passing these or any Acts like them if they refuse
to pass the Public Revenue Bill for at least seven years, and
without lessening the revenue. You will in convenient time
insinuate these directions to some members of Assembly to the end
that they may comply with our just expectations in regard to
the revenue. 2 pp. [Col. Entry Bk., Vol. XXIX., pp. 453,
454] |
Nov. 8.
Whitehall Plantations General. |
1573. Order of the King in Council. That no Governor or
Commander-in-Chief of His Majesty's plantations presume henceforward upon any pretence whatsoever to come into England from
the places of their respective Governments, without first having
obtained leave for so doing from His Majesty in Council; His
Majesty hereby declaring that his verbal leave or other permission
whatsoever, except such leave in Council, shall not be esteemed a
sufficient warrant for the same. And all Governors and Commanders-in-Chief are to conform themselves hereunto upon pain of
His Majesty's highest displeasure. [Col. Entry Bk., Vol. XCVII.,
pp. 82, 83.and Col. Papers Vol. XLVI., No 31] |
| Nov. 4. |
1574. Journal of Lords of Trade and Plantations. Sir John
Werden's letter of 16th October (see No. 1544), respecting
Mr. Penn's petition read. A draft Patent submitted by Mr. Penn
ordered to be shown to Lord Baltimore's agents and the AttorneyGeneral. |
|
The gentlemen of Jamaica and the Royal African Company
called in. A letter from the Council of St. Christophers of 12th
July, complaining of the Company, read. A paper on the negro
trade is also presented by the gentlemen of Jamaica. The Company
declares that in Jamaica 60,000l. is already owing them for negroes,
and that upon the arrival of the negro ships there will be 50,000l.
more. The negroes cost them at first price 5l., and 4l. 15s. the
freight, besides the loss of 25 per cent. by the usual mortality, and
a charge of 20,000l. a year for maintaining of ports. However,
they are ready to enter into security with the King for the
satisfaction of the planters to make good their former declarations,
if the planters on their part will perform the conditions. The
planters still complaining of the excessive price of negroes, and
praying that a reasonable rate be fixed, their Lordships order the
Company to meet and bring their answer to them, whether they
can afford their negroes at Jamaica at 18l. a head. [Col. Entry Bk.,
Vol. CVI., pp. 228–231.] |
| [Nov. 4.] |
1575. Paper from the Planters of Jamaica to the Lords of
Trade and Plantations. The Lords have made great progress in
the well settling of Jamaica, and it is therefore hoped that the
noting of what is yet wanting will be favourably received. Those
wants seem to be—(1.) An assurance to continue under what is
now settled. (2.) Discouraging privateers and pirates. (3.) Regulation of the negro trade. 1. As nothing tends more to invite new
planters to a colony, and re-assure the old, than good government
and the certainty of its continuance, it is hoped that a clause may
be inserted in the intended perpetual Revenue Bill to provide that
Jamaica shall always be governed under such laws as shall be made
through His Majesty's authority and consent of Governor, Council,
and Assembly, not repugnant to the law of England. 2. The
Commander-in-Chief in the Island should be ordered to recommend
to the Assembly the effectual suppression of piracy by punishing
not only the pirates but their abettors and comforters and all
magistrates not doing their duty. The Island has been so much
deserted and weakened of late that it will doubtless find a remedy,
but if it be only recommended to the Governor's care it will scarce
meet with any effect. If frigates be thought necessary we
recommend third-rates, less not being able to take some of the
pirates nor follow them into creeks or holes without danger of
wreck, pirates having the advantage of being the best coasters and
pilots. 3. The inhabitants beg that the foundation of the patent
may be kept, which they conceive was that the [Royal African]
Company would improve the trade by fully furnishing and at
moderate rates. As to quantity, it is supposed that three or four
thousand [negroes] would sell, and every year more and more; as
to price, 16l. or 17l. a head for lots in which are no refuse
negroes, at six months' credit, which rate the Company cannot in
reason find fault with, since many affirm that they seldom cost the
Company above half that price, and others if permitted would
furnish fully at 14l. a head. If the Company objects that
the Island has always had more than it could pay for, then it is
truly answered that the Company ruin their own chapmen by
selling at such rates and taking 20 per cent. the first six months and
15 per cent. after, so that it is hard for the poor planter ever to
pay; and it is well for the Company, if ever paid, that the Island
is in their debt; and the Islanders are under no great obligation to
the Company for biting and devouring them by such unreasonable
and unconscionable dealing. The Company also puts the King to
great expense for frigates to protect their trade to the ruin of his
customs, trade and navigation, seeing that each negro at work in
the colonies produces to His Majesty ten shillings (and most say
fifteen shillings) per annum custom, or else his master cannot be
enabled to pay for him. Governors and captains of ships also are
under many difficulties, law-suits, &c., in obeying orders in favour
of the Company. Wherefore it is hoped that His Majesty will
regulate the negro trade, and instead of giving the Commander-inChief instruction in favour of the Company, will order him not to
suffer them out of revenge for discovering their abuses to King
kingdom and colonies, to ruin the planters by hasty calling in of
their debts seeing that they receive so great interest for forbearance
and have hitherto been too hard for other interests. 1½ pp.
Unsigned. Inscribed, Read 4 Nov. 1680. [Col. Papers, Vol.
XLVI., No. 32, and Col. Entry Bk., Vol. XXIX., pp. 477–479,
and Royal African Company, p. 81.] |
Nov. 5.
Port Royal. |
1576. Minutes of the Council of Jamaica. Present: Sir Henry
Morgan, Lieutenant-Governor, and thirteen members. The King's
Order in Council of 21st July for the discharge of Francis Mingham
from prison was read; and in obedience thereto the said Francis
Mingham was sent for by Sir Henry Morgan and discharged. Francis
Hanson, counsel to Mingham, averred to the Council that the
article in Mingham's printed case alleging a writ of error to be
denied him was most false, for no writ of error was to his
knowledge demanded. Major Yeoman, Provost-Marshal, made
oath that Francis Mingham was arrested in an action upon
judgment, and that he received no orders from Sir Henry Morgan
as to Mingham's arrest and confinement. The gaol was too weak
to allow Mingham the chance of escaping in his own pink. John
Starr, clerk to the Provost-Marshal, made oath that Mingham was
not charged with Sir Henry Morgan's execution until many days
after the fourteen days mentioned in the printed case. Robert
Staley, gaoler, swore that he received no order from Sir Henry
Morgan as to the confinement of Mingham, and Harry Sound,
another gaoler, confirmed it. Francis Mingham owned that he was
kindly treated in prison and admitted that it was not true, as
stated in the printed case, that he had been charged 16l. to build
him a prison. By all of which circumstances and others too
tedious for the Lords of Trade and Plantations the Council is well
satisfied that Francis Mingham's troubles in Jamaica were due more
to his own imprudence and malicious desire for revenge than to
any purpose of Sir Henry Morgan to oppress him. Copy, certified
by Rowland Powell, Clerk of the Council. [Col. Papers, Vol. XLVI.,
No. 33.] |
Nov. 6.
Port Royal. |
1577. The Council of Jamaica to Lords of Trade and Plantations.
In obedience to your Lordships' orders to inform you every six
months of what we may think for the good of the Colony, we write
to inform you that in obedience to the King's Order in Council we
have released Francis Mingham from prison. And herein we find
occasion to represent with all humility the many great inconveniences that will attend the prosecution of justice in this Island
if this case should be drawn into precedent, or if writs of error or
habeas corpus out of the King's Bench in England be allowed to
remove any debtor in execution from this place thither, as in this
case has been practised. For it must needs tend to the defeating
of justice here and discouragement of trade (on which things the
welfare of the Island depends), especially since it is not difficult at
so great a distance to allege very fair and specious pretences which
upon proof may appear to be clearly untrue. We therefore beg
your Lordships to represent the foregoing to His Majesty in Council.
Signed, Rob. Byndloss, Hder. Molesworth, John Webbe, F. Watson,
Jo. Cope, Tho. Freeman, Charles Whitfeld, J. Fuller, Tho. Ballard.
Inscribed, Recd. 15 Feb. 1680–81. 1½ pp. [Col. Papers, Vol.
XLVI., No. 34.] |
| Nov. 6. |
1578. Duplicate of the foregoing. Copy certified by Rowland
Powell and inscribed "Recd. 6 Feb. 1680–81." [Col. Papers,
Vol. XLVI., No. 35.] |
Nov. 6.
St. James'. |
1579. Sir John Werden to Sir E. Andros. Gives him notice of
the Duke's release of both moieties of New Jersey with all his
rights. ½ p. [Col. Entry Bk., Vol. LXX., p. 34.] |
Nov. 8.
Council Chamber. Plantations General. |
1580. [William Blathwayt] to the Attorney-General. Referring
to him the draft of the grant to William Penn for his examination
and report. Draft. 1 p. [Col. Papers, Vol. XLVI., No. 36.] |
| Nov. 8. |
1581. Deposition of Sir Charles Modyford, Bart., taken before
Sir Francis Watson, a Judge of the Supreme Court of Jamaica.
After the arrival of Francis Mingham in the pink Francis, from
Jamaica, in the port of London, it was found on his delivering his
accounts to his owners that there were several articles charged to
their debt upon account of a seizure made of the said pink in
Jamaica. Thereupon questions arose whether the seizure was legal
or illegal. The majority of the owners, whereof deponent is one,
thought it was legal, and therewith declined to be further concerned
with Mingham's charges on this account, but out of pity gave him
a bill of exchange for 100l. Further, when deponent arrived in
Jamaica he moved Sir Henry Morgan on behalf of Mingham, when
Sir Henry frankly promised him that if Mingham would pay his
costs in the affair and in acknowledgment of the injury he had
done him would present his lady with such a coach and horses as
deponent might think fit, then he would fully acquit and forgive
him of his execution of 2,000l.; which offer was duly made to
Francis Mingham and refused. Copy. Certified by Rowland
Powell. Inscribed, Read 12 April 1681. [Col. Papers, Vol.XLVI.
No. 37.] |
| [Nov. 8.] |
1582. An account of the ships that came to St. Christophers
from 30th May 1677 to 20th August 1680. 84 vessels in all with
a total burden of 1,738 tons. Annexed are copies of bonds and
certificates. Five large sheets in all. Endorsed, Recd. 8 Nov.
1680, per Colonel John Thornburgh. [Col. Papers, Vol. XLVI.,
No. 38.] |
| Nov. 11. |
1583. Journal of Lords of Trade and Plantations. Sir Benjamin
Newland, with several other members of the Royal African
Company, and divers merchants and planters of Jamaica, are called
in. Both sides having been heard, and the Company having
declared itself ready to accept His Majesty's directions for
regulating the negro trade, their Lordships agree to advise the
King to order as follows:— That the Company send 3,000
merchantable negroes to Jamaica annually (provided that they
have good payment of their debts there), and sell them at 18l. a
head, the sum to be paid there at six months' forbearance upon
good security, which negroes may be sold by lots made from the
whole cargo of the merchantable negroes of every ship without any
reservation whatever. Also that the Company may be also obliged
to send constant supplies of negroes to the other plantations, and
take particular care that Montserrat and St. Christophers (from
whence came great complaints) be well provided for in future. |
|
Mr. Attorney-General presents the Committee with his observations on the draft of Mr. Penn's patent. [Col. Entry Bk., Vol.
CVI., pp. 230–233.] |
| [Nov. 11.] |
1584. "Mr. Attorney-General's observations upon William Penn's
grant, which are not agreeable to law here, but are in the Lord
Baltimore's Patent. Power to assemble the freemen and make
such laws as with their advice he shall think fit, provided they be
consonant to reason, and as near as may be agreeable to those of
England. To make judges; to pardon crimes [par. ?]. 6. Power
to make ordinances on emergencies for preserving the peace and
defence of the country without assembling the freeholders. Power
to make Corporations, pa. 11, which the King cannot do; par. 12,
power for all the inhabitants to import any goods into England or
Ireland. 13. Power to make ports. 14. He to have the customs
and subsidies in ports. 16. Power to grant to hold of himself
"non obstante the statute Quia Emptores. 17. Grant that the
K[ing] shall not set or impose any customs, taxes, &c. [In a
different hand]: No power to build churches." Scribbled on a
scrap of an old letter. Endorsed as above. [Col. Papers, Vol.
XLVI., No. 39.] |
Nov. 12.
Port Royal. |
1585. Sir Henry Morgan to Lords of Trade and Plantations.
I have duly discharged Francis Mingham from prison in obedience
to your Lordships' letter of 25th July last, though I am persuaded
that I could have given you good reasons for keeping him there.
However, my duty pleased me more than my advantage in the
2,000l. execution, and I am grateful to you in taking security for
his answering the same in England. I now beg leave to present
your Lordships with the true state of the case that you may see
how your great goodness has been abused both by his original
petition and his printed case; nor do I doubt that you will better
understand, when you have read the same, how scandalously both
I and the government have been slandered, and how much both
must suffer unless your Lordships' deep foresight and wisdom obviate
so growing an evil. Inscribed, Recd. 9 Feb. 1680. [Col. Papers,
Vol. XLVI., No. 40; and Col. Entry Bk. Vol. XXIX., p. 466.] |
Nov. 12.
Port Royal. |
1586. Sir Henry Morgan to Lord Sunderland. I have omitted
no opportunity of writing since Lord Carlisle's departure, though
so far I have received no reply from your Lordship. Captain
Heywood, of H.M.S. Norwich, arrived here 2nd instant, whereby
I am in some difficulty how to behave myself towards the French
and Spaniards, for I have no copies of the late treaties. I beg
that they may be despatched to me. Twelve days since arrived
Mr. John Crocker, merchant, from Spain with a license from the
King of Spain to trade with the English, French, and Dutch
in America for negroes, and it is confidently reported that we
shall shortly have free trade with Spain upon articles in a late
treaty. This will speedily make this Island very considerable, for
all the current cash that we now have is brought here by private
trade with them. There lately arrived here a ketch empty, with
only two men on board. Their statement on oath is that they
were bound from New England to Guinea, where they loaded with
negroes, elephants' teeth, and dust gold, and sailed for Nevis. On
their way they called at an island called St. Martin's, under the
French Government, to wood and water, and were first invited
into the harbour with much friendship, but afterwards suddenly
seized and the ship unloaded. The master and his mates stayed
there to obtain redress, but consented that these two men should
adventure by stealth to this island, and, when I have ascertained
the whole story of the master, I shall transmit it to your Lordship.
All is quiet here; grateful seasons of rain promise very plentiful
crops. 1½ pp. [Col. Papers, Vol. XLVI., No. 41]. |
Nov. 12.
Boston. |
1587. An account of moneys to remain in stock, containing
Mr. Monch's gift, 450l., Hon. Mr. Boyle's gift, 375l., and the
remainder general stock at several times transmitted. Let out:—Woodmancy, Wait, and Ingram 100l., "Collidge" stewards 100l.,
Jos. Whiteing and Jno. Pincheon 100l., Daniel Turill 150l., Major
John Pincheon 475l., Edward Rawson 300l, Captain Lawrence
Hammon 544l., Sampson Sheafe 100l., Mr. Greenoe 100l., Mr. James
Shermon 25l., Brintner and Platts 6l. Remainder of moneys this
year sent over to be received by William Stoughton, esq., not yet
put out, 230l.; total, 2,230l. Endorsed, An Account of 2,230l.
part of the stock for evangelizing Indians in New England. Recd.
25 May 1688 from Mr. Randolph. True copy. Certified by
Randolph. [Col. Papers, Vol. XLVI., No. 42.] |
| Nov. 12. |
1588. A humble motion on the part of Jamaica [to the Lords
of Trade and Plantations]. 1. That the Chancellor of Jamaica be
empowered to cause stop of execution if the creditors in Jamaica,
upon the lessening of interest, or the regulating the negro trade,
shall violently persecute the planters, yet so as the debtors pay as
much as is possible without breaking up his plantation, and
that the creditors receive the interest of the country for such
forbearance. And if it be thought best to enable the said
Chancellor so to do by an Act to be there passed, that the same be
of force for but one year. 2. It is worthy of consideration
whether a Governor solely ought to have and execute the authority
of Chancellor and Ordinary and Admiral and power of pardoning
crimes, or whether some of the Council or Judges of the Supreme
Court should not be called to his assistance. 3. Also whether
some method of appeal from the judgment of the Supreme Court
somewhat like the examination of a judgment given here in the
King's Bench by the same judges and others of the land in the
Exchequer Chamber be not needful to prevent such hardship as
Francis Mingham undergoeth, who thought he hath met with
speedy justice here, yet his imprisonment will be near two years.
4. Also whether the Supreme Court in Jamaica ought not to have
from His Majesty a scale under which the Courts at Westminster.
if occasion be, may be certified of any proceedings, and that the
Chief Justice keep the same. 5. Also whether that part of the
Commission or Instructions, which declares a suspended Councillor
incapable of being an Assembly man, as also that part which
giveth power of transporting men, seeing it is the leewardmost
island, do not deserve a new consideration and amendment.
6. Also, it conducing to the benefit of His Majesty's affairs, as well
as the inhabitants, that a true account be given to Court of affairs
there, that His Majesty will please to give leave to the inhabitants
to raise money to pay their solicitors here. 1 p. Inscribed,
Delivered by Colonel Long, Nov. 12, 1680. Read 27 Nov. 1680.
[Col. Papers, Vol. XLVI., No. 43.] |
Nov. 15.
Nevis. |
1589. Governor Sir William Stapleton to Lords of Trade and
Plantations. My last of 26th ultimo for want of conveyance goes
with this. Nothing new since then except that Count d'Estræes
with his whole squadron was at anchor at Guadaloupe bound for
St. Christophers, but on receiving news from the Governor of
Granada and Grenadilles [Grenadines] that English men-of-war
with Spanish commissions had taken some of the French fishing
sloops there, he immediately weighed anchor to pursue them, so
cannot be at St. Christophers as soon as he intended. It is now
doubtful whether he will come there or not, though a fly-boat of
800 tons, with provisions and ammunition, has arrived there for
him. They keep us as much upon the watch as if there were war,
for considering their yearly preparations we know not how matters
may stand, and fear the occurrence any instant of something which
for want of precaution may be lamented. While we live we must
repair our breaches and continue guards. Anything that I can
learn of their designs shall be duly communicated to you. Contrary
to my expectation and humble addresses for a vessel of countenance
the Deptford ketch arrived here on the 8th instant. It is my duty
to be as silent as satisfied with what is sent. Postscript.—Pray
note that the report of four English men-of-war with Spanish
commissions was a fiction of theirs to conceal the Vice-Admiral's
design of sailing to Petit Guavos again. Their object is a secret.
Inscribed, Recd. 15 Feb. 1680–81. Holograph. 1 p. [Col.
Papers, Vol. XLVI., No. 44, and Col. Entry Bk., Vol. XLVI.,
pp. 454, 455.] |
Nov. 16.
Whitehall. |
1590. The King to the Governor of Virginia. To direct the
naval officer within his government to make due entries and keep
particular accounts of all imports and exports, and of the shipping,
burthen, guns, and from whence they come, and whither bound,
said accounts to be transmitted to Lords of Trade quarterly.
Power to appoint fit officers for the same. Copy. [Col. Papers,
Vol. XLVI., No. 45, 1p., and Col. Entry Bk., Vol. LXXX., pp. 402,
403.] |
Nov. 17.
Whitehall. |
1591. Order of the King in Council. Upon reading the petition
of the owners and freighters of the ship Virgin, captured by the
Spaniards in the West Indies in 1673, claiming damages and
2,000l. spent in prosecuting their claim during the past seven
years: Ordered, that the matter be referred to the Lords of Trade
and Plantations for their report. Signed, Francis Gwyn. Endorsed, Recd. 28 Jan. 1680/81. Read, 12 Feb. 1680/81. [Col.
Papers, Vol. XLVI., No. 46.] |
| [Nov. ?] |
1592. "My Lord Chief Justice North's Memorandum on
Mr. Penn's Patent." A digest of the Patent, written on halfmargin, with comments on the other half, all fair copied and in
the same hand. 2 pp. On a third blank page is scribbled the
draft of an additional clause, providing that Penn shall constitute
an agent or agents to reside in London who shall be answerable
in the courts of law for any offences against the navigation laws,
and that in default of payment of damages adjudged against the
Colony in a court of law within the space of one year, the Crown
shall have power to resume the government of the province until
payment be made; but notwithstanding such resumption of the
Government, the property to remain always vested in Penn and
his heirs. ½ p. The paper is inscribed as above. [Col. Papers,
Vol. XLVI., No. 47.] |
| [Nov. ?] |
1593. "Restrictions proposed for Mr. Penn's Patent by my
Lord Chief Justice North. The power of making laws to bind
property and raise money is in Mr. Penn and the Assembly; the
power to make ordinances for government is in Mr. Penn alone,
and but to determine when the Assembly meets—as by the draft.
There wants a clause to enable the King within years (sic) to
repeal the laws and ordinances of either sort and to control the
ordinances of Mr. Penn for government." Proposed amendment to
the clause relating to the Navigation Acts. ½ p. [Col Papers,
Vol. XLVI., No. 48.] |
Nov. 18.
Plantations General. |
1594. [William Blathwayt] to Sir J. Werden. I laid your
report in Mr. Penn's petition before the Lords of Trade and
Plantations, and now send you an extract of so much of the Patent
which he is soliciting as concerns the boundaries, that you may
state your objections thereto, if any, at a meeting to be held next
Tuesday. Copy. ½ p. [Col. Papers, Vol. XLVI., No. 49.] |
Nov. 18.
Council Chamber. |
1595. William Blathwayt to Lord Baltimore's Agents. Your
letter of 23rd June (ante, No. 1404) was laid before the Lords of
Trade and Plantations. Their Lordships have since passed the
draft of the Letters Patent to Mr. Penn, which, Mr. Penn alleges,
has been put into your hands. Their Lordships meet on Tuesday
next to consider the matter, and unless you have any objection to
offer they will take their final resolution thereon. Draft. 1 p.
[Col. Papers, Vol. XLVI., No. 50.] |
| Nov. 18. |
1596. Copy of the Bond of Peter Lawrance to James Russel.
For the payment of 10l., part of a fine imposed by the Massachusett's
Court of Assistants for contempt of authority. Endorsed, Copy
of Lawrance's Bond to the Treasurer of the Colony and not to His
Majesty for 10l. paid. 1p. [Col. Papers, Vol. XLVI., No. 51.] |
Nov. 19.
Whitehall. |
1597. Order of the King upon the Report of John Chicheley and
William Hickman (Commissioners of the Ordnance). His Majesty
having verbally referred to them the petition of Captain John
Temple, late Commissioner of His Majesty's ship Jersey, for their
opinion what compensation was fit to be made to the said Captain
for his service in weighing several ordnance and shot lost out of
the Jamaica, merchant, and by him left at Jamaica for His
Majesty's service, they caused the principal officers of the Ordnance
to inspect the matter, who have given their opinions (hereto
annexed) that 150l. may be a fitting compensation, and they
themselves conceive the same to be reasonable. His Majesty
directs that the report with the papers annexed be transmitted
and recommended to the Lords Commissioners of the Treasury to
give order for paying petitioner the above-mentioned sum. ½ p.
[Dom. Entry Bk., Chas. II., Vol. LV., p. 94.] |
Nov. 19.
Whitehall. |
1598. Order of the King in Council to the Admiralty to prepare
a frigate to transport Sir Richard Dutton, his lady, children, and
goods to Barbadoes, and thence, after a fortnight's stay, bring home
Sir Jonathan Atkins. [Col. Papers, Vol. XLVI., No. 52.] |
Nov. 20.
St. James's |
1599. Sir J. Werden to William Blathwayt. I received your
letter of 18th instant (ante, No. 1594) at 2 o'clock to-day. I
am first to premise that in cases of this nature it were most proper
to take the advice of legal counsel as to the boundaries of a new
patent, but remembering the Duke of York's instructions as
expressed to you in my letter of 20th October last, I frankly
tell you my opinion thereon. I believe descriptions of lines of
longitude (especially) and latitude are very uncertain, as also under
what meridian the head of Delaware river lies, which I believe
has never been surveyed by any careful artist. The Duke's
intention is that Mr. Penn's grant be bounded on the east side by
Delaware river, and that his south limit be twenty or thirty miles
beyond Newcastle, which extent northward of Newcastle we guess
may reach as far as the beginning of the 40th degree of latitude. If
therefore Mr. Penn's patent be so worded as to leave Newcastle and
twenty or thirty miles beyond it free, with the Delaware river for
the eastern boundary, I think this is all the caution necessary, for
the Duke does not concern himself how far north or west Mr. Penn's
patent extends. Holograph. 1¼ pp. [Col. Papers, Vol. XLVI.,
No. 53.] |
| Nov. 20. |
1600. Major-General Smith to the Twenty Colonels of Virginia.
Two letters. (1.) Having been appointed by the King to be MajorGeneral of all the forces in Virginia, it is my duty to inform him
annually of the armed force of the country. You will therefore
carefully obey the following instructions. (2). You will list all
housekeepers and freemen fit to bear arms in your county, and
organise them in companies of foot (sixty men besides officers to
each company), and troops of horse (forty men besides officers to
each troop). You will cause the officers to exercise them, and you
will return me at the close of each year a correct list of the men
and of their arms. Total strength of the foot 7,268, of the horse
1,300, scarce one-half of them armed, especially of the horse.
Ammunition very scarce for an emergency. Copy. 1p. |
| Nov. 20. |
Duplicate of above. [Col. Papers, Vol. XLVI., Nos. 54 and 55.] |
| [Nov. 20.] |
1601. Petition of Timothy Biggs to the Lord Treasurer. Has
made his escape and come to England to give an account of the
rebellious proceedings in Carolina; prays that his case may be
considered, and that the rebels be commanded to obedience and
the King's dues received.Endorsed, Read, Nov. 20, 1680. [Col.
Papers, Vol. XLVI., No. 56.] |
Nov. 22.
Edinburgh. |
1602. The Duke of York to Sir E. Andros. Recommends
David Hepburn, master of the St. Lucar of Belfast, who wishes
to traffic with the inhabitants of New York. ½ p. [Col. Entry Bk.,
Vol. LXX., p. 34.] |
Nov. 23.
St. James'. |
1603. Sir J. Werden to William Blathwayt. "Mr. Penn having
fallen into discourse with me of his concerns in America since I
wrote to you on Saturday, I have told him the substance of what
I wrote, and he seems to fear that if his south limits be strictly set
at twenty or thirty miles north from Newcastle town, he shall
have so little of the river left as very much to prevent the hopes
he hath of improving the rest within his patent; but on the other
side he is willing that twelve English miles north of Newcastle
be his boundary, and believes that distance will fall under the
beginning of the 40th degree of latitude. I have already signified
to you all that I know of the Duke's mind herein, which is in
general to keep some convenient distance from Newcastle northward for a boundary to the Colony; but I confess I do not
understand why 'tis precisely necessary to insist on just such a
number of miles more or less in a country of which we know so
little, ard when all the benefits are intended to the patentee that
others enjoy, so as I submit this point to their Lordships' consideration, and do not think it material to add more at present."
Holograph. ¾ p. [Col. Papers, Vol. XLVI., No. 57.] |
| Nov. 25 |
1604. Journal of Lords of Trade and Plantations. Divers Acts
of Barbadoes read. Agreed that the Act appointing an impost on
powder be continued and confirmed. [Col. Entry Bk., Vol. CVI.,
p. 236.] |
| Nov. 25. |
1605. The Clerk of the Assembly of Barbadoes to Lords of
Trade and Plantations. Transmits returns of the Assembly's proceedings. No Assembly is now in being, and it is not known when
the Governor will appoint an election. Endorsed, Recd. 5th March
1680–81. ½ p. [Col. Papers, Vol. XLVI., No. 58, and Col.
Entry Bk., Vol. VII., 55a.] |
| Nov. 26. |
1606. Journal of Lords of Trade and Plantations. The Lords
Proprietors of Carolina attend in pursuance of the Order of 19th
July; also Thomas Miller, late Collector of Customs in Albemarle
county, whose petitions were read in his presence. The joint report
of the Proprietors and the Commissioners of Customs (see No. 1343)
read, and the answers of the Proprietors to the petitions of Thomas
Miller and Timothy Biggs. Divers other papers presented by
Mr. Miller and the Proprietors. Upon the whole matter the Lords
think fit that the Proprietors and Commissioners agree finally upon
the best method for the recovery of arrears and collection of
future customs. The Proprietors consent and undertake to hold the
Commissioners to establish their anthority in Carolina, and procure
compensation for Miller and other injured officers. [Col. Entry
Bk., Vol. CVI., pp. 234, 235.] |
| Nov. 29. |
1607. William Blathwayt to Governor Lord Carlisle. Transmitting copy of the paper of the Jamaican planters (ante, No. 1575)
for his consideration. [Col. Entry Bk., Vol. XXIX., p. 477.] |
| Nov. 30. |
1608. Edwyn Stede to Lords of Trade and Plantations. Transmitting quarterly accounts from the Council and the Secretary's
office. Kept these back for a month in order to carry the proceedings to the close of the then existing Assembly.Endorsed,
Recd. 24th January 1680–81. [Col. Papers, Vol. XLVI., No. 59.] |
