|
| ? July. |
969. Bacon's appeal to the people of Accomack. "Of part of
our victory and the misery of your own and Sir Wm. Berkeley's
condition yourselves are judges how unjust your cause was, how
unheard of his and your manner of proceeding against your neighbours and friends to invade this poor colony … for hopes of
plunder … how you have been deluded and gulled by 'that
abominable juggler, whose cheats and base actions you are all
acquainted with, and whose oppressions you have a long time
groaned under." What Bacon has done has been in defence of his
Majesty's interest (by a power derived from his Majesty) being a
Commission signed by Sir W. Berkeley at the request of the
Assembly, and ratified by an Act of Assembly, so that no reasonable
man can imagine compulsion otherwise than a ridiculous evasion.
In taxing Bacon contrary to the tenor of his Commission Berkeley
taxeth himself of treason, for it is not to be supposed his Majesty
would trust either a coward or a fool, so it follows if Bacon's
Commission were granted for reasonable grounds then this complaint against us is unjust and abominable, or if I were what he
pretends, he at once confesses himself both a coward and a traitor,
which he very well knows, and it is on that score by his folly and
passion that he hath involved himself and this poor Colony in
such a labyrinth of ruin that he well knows he never can answer
what he has done before his Majesty, who must needs count him
unfit to be Governor who neither had the principle to do what was
just nor the courage to oppose what was unjust. Invites them
within fifteen days after the arrival of this paper to send discreet
persons to make satisfaction for our losses sustained by your
piracies, and to deliver up the ringleaders to be sent into England,
there to have their trial, that is Custis, Stringer, Foxcraft, Littleton,
and to send back what persons of Bacon's party are there detained
as prisoners, then that the Colony may not be ruined by their
rashness he will rather treat with them as brothers and friends,
and endeavour that their sad differences may be composed. If
through the seducement of that abominable juggler Sir—they deny this, appeals to themselves if they can justly blame
Bacon if he prosecute them with all extremity of war to the utmost
of his powers. [Col. Entry Bk., Vol. LXXXI., pp. 254–263.] |
| July 1. |
970. Commission from the Lords Proprietors of the Bahama
Islands to Charles Chillingworth. Appointing him during pleasure
Governor and Commander-in-Chief of the Bahama Islands. [Col.
Entry Bk., Vol. XX., p. 108.] |
| July 1. |
971. Instructions to Charles Chillingworth, Governor of New
Providence and the rest of the Bahama Islands. To fill up the
Council from time to time with Councillors chosen by the Parliament equal to the number of their Lordships' deputies. To prepare
bills for the Parliament, for there is nothing to be debated or voted in
Parliament but what is proposed by the Council. Prohibition to
cut braziletto, cedar, or other wood except on his own plantation
unless licensed by the Governor and three deputies. Also to go
coasting for ambergris, whalefishing or wrecks without license.
To persuade the people to plant provisions and clear the ground for
cattle and planting tobacco, indigo, and specially cotton. To prepare a bill for the preservation of turtle if necessary. [Col. Entry
Bk., Vol. XX., pp. 109–111.] |
| July 4. |
972. Report of Dr. Lloyd to Lords of Trade and Plantations
concerning the interloping ship in Jamaica laden with negroes
which after seizure was dismissed the Court of Admiralty there.
Recites the King's patent to the Royal Company, and his Proclamation prohibiting any to exercise their trade, the seizure of the ship
and the proceedings at the trial in Jamaica. To make it appear to
their Lordships that the Judges of the Admiralty ought not to have
admitted the pleas. 1. The Judge of the Admiralty Court in England
would not have dismissed a cause of this nature but would have
proceeded until final sentence. 2. That the place where said ship was
seized, granting it was within three-quarters of a mile of Old Harbour and within all the "Kays," was on the sea, there being no river
at all and therefore within the jurisdiction of the Admiralty. 3.
Conceives it is not in the power of the Governor, Council, and
Assembly of Jamaica by any Act of theirs for dividing the Island
into parishes to make the high sea part of a parish, much less to
deprive the Lord Admiral of his jurisdiction, therefore the Act of
26th April 1675 cannot be of force to take away or lessen the
Admiral's jurisdiction granted to his Royal Highness by patent.
Also that the Statutes of 13 and 15 Richard II., and 2 Henry IV.
being made for England are not law in Jamaica, except his Majesty
has declared them so to be. And whether his Majesty's subjects of
Jamaica ought to arraign his royal charter as a monopoly, and what
course should be taken to give the Royal Company satisfaction
and prevent such proceedings in the future. Endorsed, "Read at
the Committee, 6 July 1676." 3 pp. [Col. Papers, Vol. XXXVII.,
No. 21; also Col. Entry Bk., Vol. XXIX., pp. 56–60.] |
July 4¼.
Barbadoes. |
973. Governor Sir Jonathan Atkins to the Lords of Trade
and Plantations. Acknowledges the receipt of their letter of 11th
August last. Reasons for addressing his letters to the Secretaries
of State which was agreeable to his former practise in three other
Governments wherein his Majesty employed him. Did not receive
their said letter till the December following. In obedience to their
commands has given a summary account of this place since his
arrival to the best of his knowledge and skill. The great difficulties
of correspondence with this place from the distance from England,
"besides accidents." We esteem it a quick dispatch of our letters
if our returns are within six months, often eight months; at
the time of hurricanes we have no ships here for five months.
Answers to their Lordships' enquiries. 1. The Council consists of
twelve of the principal or so esteemed of the Island whose names are
inserted in his Commission with so strict rules of changing or
renewing that they seem rather to be ordained to be his Governors
than he their Governor. Gave reasons against some part of his
Commission and Instructions, but they were not taken notice of.
The people conform to him in all things just and no dispute hath yet
arisen amongst them. The Assembly consists of two-and-twenty, two
being chosen from every parish elected by freeholders who must have
ten acres a-piece. When a law has three times passed the House,
and the Governor and Council approve it, he sets the King's
stamp upon it and then it becomes a. law, and the next Sunday it is
published in the churches, and this the people call their birthright
derived from the King's patent to the Earl of Carlisle, but his
Majesty reserves to himself the confirming these laws after two
years. There are five Courts of Judicature in the five districts of
the Island all called Courts of Common Pleas, trials by Jury as in
England, proceedings almost the same intermingled with the local
laws and customs so necessary that few things can be determined
without them. There is a Judge of every Court with three
assistants, their commissions under the King's seal of the Island
with no profit or salary. The Governor and Council make a Court
of King's Bench where writs of error are judged. The Governor is
Chancellor and calls to his assistance as many of the Council as he
thinks fit, and two Masters of Chancery by whom causes are heard
according to equity. Wills are proved before the Governor for
which he receives not one shilling. The places of benefit are
disposed of by patents in England and acted by deputies to the
great discontent of the people who have received much damage by
the loss concealment and embezzling of the records. 2. The Court of
Admiralty is held by commission from the Duke of York as Admiral
of these parts; the Duke told him he should have commission
from none but himself and appointed him Vice-Admiral in the
Caribbee Islands, and to erect a Court of Admiralty over which he is
compelled to preside, there being no profit nor anything but
trouble, the business is not very great. 3. Their third query is
answered in the first. 4. The laws are numerous and the proceedings upon them for the most part according to the laws of
England. They have Justices of the Peace, Constables, Churchwardens, Overseers of the Poor, and other local sworn officers as in
England. The prosecution of their laws lay formerly in a small
compass till some little English lawyers crept over and brought
writs of error and other dilatory pleas to increase their own estates
but to the ruin of many particulars. Then the Clerks of Courts
followed example. At last it was presented by the people as a
grievance, and a Select Committee of the Council and Assembly
has been appointed to regulate the laws and cashier those that are
useless, and regulate proceedings in the Courts of Justice, and
appoint proportionable fees. 5. The standing Militia consists of two
regiments of horse, for the most part well armed, and six regiments
of foot. Can likewise upon any sudden occasion raise 2,000
dragoons. There is likewise the lifeguard, usually about eighty
horse, all gentlemen and merchants of the best quality, and upon
alarms at least 200 horse. There are none in the King's pay. The
whole may amount to ten thousand horse, foot, and dragoons;
there was formerly a great number, when whites alone were made
use of for plantations and not negroes, who much exceed the whites
in number. A considerable number were carried off on the first
expedition to Hispaniola, many since gone to Jamaica, and great
numbers to plant Surinam, Antigua, and St. Lucia, many lost in
endeavouring to recover the Leeward lost islands taken by the
French and Dutch, and not a few lost when my lord perished
himself. 6. No. fortification or regular works, nor any castle or
place of strength, nor so much as a house for the Governor to put
his head in. Their strength is in their situation and the hands
they can bring to fight. Their landing-places are only bays, for
they have no harbours, though very good ones might be made to
defend their chief road before the town of St. Michael's, or, more
commonly called, Bridge Town. Four considerable batteries,
erroncously called forts, with forty guns, ten guns, thirteen guns,
and twenty guns respectively. At Oyster Bay or Bridge Town
are batteries of twenty-five guns, besides others to the Leeward.
Reasons why they distinguish the Island by Windward and Leeward. The supply of stores and ammunition for defence left to
the General. 7. Never saw or heard of any pirates. A few
privateers come this way whose prey is on the Spanish coast;
sometimes a little rogue creeps in here for wood, water, or fresh
provisions, who, not able to bear up with those Alexanders of
Hispaniola, lies sneaking about the Dutch plantation of Surinam,
and sometimes bears down to Curacoa, where if he can light upon
anything he can grapple with he either carries it down to Jamaica
or to their own quarters at Hispaniola. 8. It is a very hard
question to answer what force our neighbours have. The French
are possessed of the islands of Martinique, Guadaloupe, great part
of St. Christopher's, Marigalante, Cayenne, and some other small
islands. That their strength is very considerable appears by the
resistance they made last year to an attack by the Dutch, and
what they did during the last war, taking several places from us
in these parts. The French King keeps a sequadron of seven
frigates to attend these his plantations, and they are relieved
every year. Commerce with them we can have none. "None
can resolve me" the strength of the Indians, and by the late
attempt of Colonel Warner all correspondence with them is taken
from us by the death of Indian Warner. Report of French
proceedings on Dominica when Colonel Warner landed there. 9. The
correspondence kept up with their neighbours; has been forced to
complain of M. de Baas for confiscating a ship put in by stress of
weather; has transferred the particulars to Secretary Coventry.
10. Found no arms or ammunition on the King's account nor any
sent since; the stores are subject to the King's commands, but are
the people's own purchase. When he delivered their Lordships'
order to deliver him 350 barrels of powder and other stores to the
value of 6,000l., the Master of the Ordnance said he must give
security, to which he replied he would by way of indenture to be
accountable to his Majesty as when he was Governor of Guernsey.
Found in the stores 400 barrels of powder and a good quantity of
ammunition and other stores; every ship arriving pays one pound
of powder. 11. Never received any of the King's money by
appointment; the levies of the country made according to emergency,
upon lands, negroes, coppers, and stills, at so many pounds of sugar.
12. Barbadoes is computed to be 30 miles in length and 14 in
breadth. Is confident that there is not a foot of land in Barbadoes
that is not employed even to the very seaside and the proprietary
settled long ago by Lord Carlisle and his agents, so that whoever
will have land in Barbadoes must pay dearer for it than for land
in England. 13. St. Michael's commonly called Bridge Town, is the
chief town for trade and shipping; it has within a few years been
twice burnt down but is rebuilt with very fair houses, some of brick
but most of stone, and handsome streets. Spikes Bay is the next
considerable town ten miles to leeward. The Hole Bay is a convenient place for shipping sugar from the adjacent plantations; this
was the first town built and both these towns and their churches
"were all layd flat with the ground" by the last hurricane, but are
rebuilding, though meanly, the people being almost ruined by that
prodigious storm. 14. The parishes are eleven, the precincts five,
distinguished according to the five courts of Judicature. 15. There
is no river deserving that name, but many springs, most part of
the Island being very well watered; the best water is by the seaside,
the springs being washed over by the sea every tide. Ships ride in
the bay from 16 to 40 fathom; the ground is very foul; half-a
mile from the shore you can find no bottom, which makes the
southern and south-west winds raise such mighty seas when a
hurricane comes. 16. The commodities are sugars, cotton, ginger,
and indigo, no manufactures; impossible to say the value of imports
or exports, for no man will discover his estate and there are the
same jealousies as in England; can find no way to compute it but by
the customs which are mostly paid in England or accounted for by
the farmers of the 4½ per cent. who will hardly be induced to do
it. No wood or shipping. Imports are from England and Ireland
from whence customs certificates are brought which are registered
in the Naval Office here and bonds given for return to England.
17. No saltpetre or other mines. There is a kind of "metal" much
resembling "cannel coal" in Lancashire, called Moniack, with which
sugar is boiled; it resembles pitch and is also made use of to trim
boats; with the springs and the sun a scum is made called tar,
which is very medicinal some say for the gout, and is certainly
very penetrative and a remedy against all sorts of aches. 18. If
their Lordships mean merchants as the Dutch call them, which is
every man that sells and buys who is called a copeman, there are
many, but if meant such as trade and barter commodities, there are
not now many. Account of the making of sugars and the works
from the first, which required a great charge so that no man
was able to do it of his own purse but was compelled to take up at
great rates of interest, and merchants upon that account carried off
great estates from the Island, it being the surest trade for profit in
the world, to the ruin of many of the people, but finding, in course
of time, their industry produced no other effect than to satisfy the
appetites of the merchants, the more prudent began to trade for
themselves, which in time obtained an influence, and they will in a
short time pay their debts and be for ever kept out of that trap.
For these reasons the merchants are now very few. Not above
thirty Jew families of Dutch extraction from Brazil; many are very
poor, but the better sort have been made denizens; they are very quiet
and submit to the Government, religion excepted. The chief trade
inwards is for provisions from England and Ireland, and the King's
Plantations, who pay customs from their first port. 19. 'Tis impossible for him who has only been here a year and a half to say
what was done here seven years ago, but neither English, Scotch,
nor Irish can come to plant here there being no ground to plant
upon. Believes not 2,500 blacks brought since he came; if three
times as many had been brought they might have been sold, as
they did at their own rates, for they that can stop the market
when they please may make the market when they please. 20. No
record of the number of blacks, mulattoes, or whites that have
been christened the last seven years; a register has lately been kept
of Christian burials and christenings in the Church of England.
As to Anabaptists, Jews, Quakers, and other separatists they will
bury where they please, and observe the rules they list. The
negroes bury one another in the ground of the plantation where
they die, not without ceremonies of their own. 21. As to marriages, for seven years past finds no rule to guide him, or any
living to inform him, all who conform to the Church of England
are either married by license or are asked three times in Church,
"which will bring it soon into form." 22. No bills of mortality
or register kept of the dead; a great mortality swept away a great
number, especially in Bridge Town, but there is an order to record
burials as well as christenings. 23. Is sure no merchant will tell
him or anybody else what he is worth, for his chief guard is his
credit, but has observed amongst those merchants who living were
esteemed rich men but dying either their factors run away with
their estates or their wives that little was left for their creditors
but bad debts. No one can compute the wealth of the Island as
no one can know their debts. Very considerable plantations in
the Island, some belonging to gentlemen who remain here, and
some to merchants who go away, but 'tis much altered from what
it was; cannot reckon five estates in the Island that are not
clogged with considerable debts, which in time will be worked off.
24. About 150 sail come to the Island every year from 20 to 300
tons. Trade from England, Ireland, Virginia, New York, New
England, and adjacent Plantations, all shipped from hence goes to
England. When bond is not given the rest goes to the Plantations
in return for peas, pork, fish, flour, and other provisions, for which
they carry back very little sugars, rum, and a kind of spirit extracted from the refuse of sugar of molasses. There may be sixty
sloops belonging to this place, one lately come from New England
built by a planter of about 200 tons. One half of the year there
is little use of shipping, and thinks this is the first ship of burthen
they were ever masters of. 25. No likelihood of any plantations
upon Dominica, St. Vincent, St. Lucia, and Tobago; all the English
plantations lie under great discouragements and little hope of any
new, the maintaining of the old being almost grown desperate.
Gives a long account of the "resolutions" of Francis Lord
Willoughby, "a gentleman of a stirring spirit," of beginning new
plantations, and what he attempted to do upon "the firm land" of
Surinam, and the islands of Antigua and St. Lucia, "too much for
any one man's undertaking, though he had been a prince considerable." Argues that for the first Surinam had been a proper
place for his design if he could have procured a colony of 20,000 or
30,000 persons "of some excrescent nation that were to wander to
some other country for a fortune, because their own could not
contain them or we feed them," but to think to plant these places
from the small Caribbee islands, who wanted people themselves,
were measures very ill taken, and a policy as ill-grounded as
appears by the consequences. Money, as well as men, requisite to
establish new settlements. Shows how Lord Willoughby was
compelled to mortgage and sell his lands in England "to manage
these fruitless designs," which cost him 50,000l., and his misfortunes
and what followed; that the Dutch took Surinam, the French
Antigua, and he carried 1,000 people from Barbadoes to St. Lucia,
where they were discouraged and died, very few, if any, returning.
Likewise, the King, engaged in point of honour, was forced at great
charge to send a fleet and a regiment for defence of those islands,
and Lord Willoughby having prevailed with the people to engage
with him in his expedition to St. Christopher's, both he and they
perished, and the King's fleet and soldiers came to little better
reckoning. There is one thing more their Lordships may admit as
a maxim, that wheresoever you intend to plant a new colony you
must make their port a free port for all people to trade with them
that will come. The settlement of this Island came first from the
Dutch, and they are a people the planter is not jealous of. Conceives the ordinary way taken for new plantations to be a little
erroneous, for if it be by societies of noblemen, gentlemen, and
merchants, the two first will commonly venture no more than they
will throw away at dice or cards; the merchants do it in hopes of
extraordinary gain; but if returns come not in the gentleman
grows suspicious, the merchant grows "restie," and the people
employed upon the place will make the best use of their time;
but when the machine fails that supplies the people with provisions,
utensils, &c., the engine must needs stand still, but if the bucket
goes into the well the rope must needs go with it. 26. This is a
very binding article, "What obstructions I find in the improvement
of trade and navigation in the islands under my government ?
The last words signify to me your demand of me as the King's
Governor by a Commission of much largeness and great trust being
thus far removed from usually knowing his Majesty's pleasure, I
am entrusted with his sovereign power, with his honour, his people,
safety, and propriety." Reasons why the Act of Trade and
Navigation in England will certainly in time be the ruin of all his
Majesty's plantations. Who is the loser ? His Majesty and his
poor subjects who labour for him. The King's customs would be
considerably advanced, and the risks of the seas prevented, if
customs of all sorts were paid here according to the rates in
England, and their goods allowed to be carried where they may
make their best market, not making use of any but English ships;
no foreign ships are ever permitted to come to this port. Last
year the King lost (in customs) above 2,000l. by the loss of four
ships going home, and others lost in the hurricane. Esteems it his
duty to deliver this for their Lordships' consideration. 27.
Answered in the last. 28. But little customs outward paid here to
officers appointed by Commissioners of Customs in England.
29. The King's revenue is the 4½ per cent. of the produce of this
Island farmed to gentlemen in England. There is no land revenue,
the Earl of Carlisle, Lord Hay and agent having disposed of all
lands long ago. 30. As to religion, there are Jews, Anabaptists,
and Quakers, but none considerable, the last the most troublesome,
as being the most repugnant to all laws and orders. 31. The
generality serve God according to the established Church; there are
11 parishes all supplied with ministers. The churches are well
frequented, and the sacraments celebrated every Sunday, when the
whole liturgy is read and then a sermon; in the afternoon, evening
prayers are read and the children catechized. The ministers are
honestly provided for by the parish, also the impotent poor
by a tax in every parish; these charges are very great, and
must increase, many churches having to be rebuilt. The tax
on Bridge Town is above 1,000l. sterling this year. No wanderers
or vagabonds suffered, and is confident there is not less debauchery
and disorder in any part of his Majesty's dominions. 32. To
describe the hurricane is impossible; it is a mutiny or contention
of the winds issuing from all quarters, accompanied with such
vehement rains that one washes the way upon the buildings for
the other to ruin them, which was performed with such violence
that most of the churches were thrown down to the ground, and
most of the houses leeward, 15 mills of stone and wood demolished
in one parish, and all sugars spoilt. In brief, 200,000l. will not
repair damages, besides 200 people killed, and many great trees
broken off in the middle. Fair hopes of a good crop next year.
If the people might have a free trade or be eased of the 4½ per
cent. for some time it would be a great encouragement to them.
16 pp. [Col. Papers, Vol. XXXVII., No. 22.] |
July 4/14.
Whitehall. |
974. Two copies of the preceding. 33 pp. and 34 pp. [Col.
Papers, Vol. XXXVII., No. 23, and Col. Entry Bk., Vol. VI.,
pp. 57–91.] |
July 6.
Whitehall. |
975. Journal of the Lords of Trade and Plantations. Letter
read from Commissioners of Customs about passes for ships going
for Newfoundland, wherein they inform their Lordships they have
written to all ports that trade to Newfoundland for a list of the
ships gone thither this year, and give their opinion that no rule
can be made in relation to passes without giving occasion of frauds
and abuses for the reasons stated which their Lordships approve
and order all things to be regulated accordingly. Four cases of
John Day of Bideford, who desires passes for ships going, to be
strictly examined. [Col. Entry Bk., Vol. CIV., pp. 153, 154.] |
July 6.
Whitehall. |
976. Journal of the Lords of Trade and Plantations. The Lord
Privy Seal presents a letter he had received from Lord Vaughan,
dated 3rd May (see ante, No. 916), touching the condemnation of
Deane the pirate, with exemplification of his proceeding in the
Admiralty. Ordered, that all papers relating to this matter be sent
to the Judge of the Admiralty, who is to report his opinion. The
report of Dr. Lloyd read (see ante, No. 972) concerning the interloping ship at Jamaica laden with negroes, which, after seizure and
being libelled against in the Admiralty, was dismissed that Court.
Ordered, that this business be "re-assumed" on Thursday next
(13th July) when my Lord Chancellor is prayed to be present with
the King's Counsel and Dr. Lloyd, to bring copy of the Lord
Admiral's patent that the Lords may see how far the jurisdiction
of the Admiralty does extend itself, and consider whether the trial
of this ship removed from the Admiralty to the Common Law can
be justified on pretence that his Majesty's grant to the Royal
Company is a monopoly, or that said ship was not seized super
altum mare, but in the port of old harbour, in the parish of
St. Dorothy, infra corpus comitatus, according to a late Act of
Jamaica preceding this late touching the bounds of parishes where
a tract of water is made part of the parish of St. Dorothy, and
therefore not of the proper cognizance of the Court of Admiralty
by reason of the Statute 15 Richard II. cap. 3. [Col. Entry Bk.,
Vol. CIV., pp. 154–156.] |
July 6.
[Rec.] |
977. Complaint and request of the people called Quakers to
the Lords of Trade and Plantations. Concerning a new Act made
against them in Barbadoes, that the King would be pleased to put
a stop to the execution of said Act, or at least give order for the
suspension of it until further consideration. Annexed, |
|
977. i. An Act to prevent the people called Quakers from
bringing negroes to their meetings, passed 19th April
1676. |
|
977. ii. Copy of said Act with exceptions made by Counsel
against the Act. Endorsed, "Rec. 6 July 1676, not
allowed to be read." On 27th July this petition was
presented to the Lords of Trade and Plantations.
Whereupon their Lordships refuse to take immediate
cognizance of complaints brought to them by this sort of
people, and order their petition to be returned to them, to
the end that thay may apply themselves to his Majesty in
Council if they think fit. [Col. Papers, Vol. XXXVII.,
No. 24; also Col. Entry Bk., Vol. CIV., p. 184.] |
July 6.
[Rec.] |
978. Answer of the Royal African Company to the complaint
of the Council and Assembly of Barbadoes about negroes. Signed
by Andrew King, Sub-Governor, and Gabriel Roberts, Deputy
Governor. Endorsed, "Read 26th and 31st Oct. 1676," see
these dates. See Abstract, ante No. 911. 1 p. [Col. Papers, Vol.
XXXVII., No. 25.] |
July 6
to
Aug. 25. |
979. Four Warrants from Colonel Thomas Ballard for pressing
men and provisions for Nathaniel Bacon's service. Endorsed, The
several warrants bear date 6th July, 10th July, 18th August, and
25th August 1676, which was near a month after Sir William
Berkeley left his house. Young was hanged for executing these
warrants and commanding the Company, which he was compelled to
by Colonel Ballard, Colonel of the County. 4 pp. [Col. Papers,
Vol. XXXVII., No. 26.] |
July 8.
Virginia. |
980. Giles Bland to Thomas Povey at his house in Lincoln's Inn
Fields, next door to the Earl of Northampton's. The country has
resolved to make known to his Majesty their deplorable and distressed condition, through the great and heavy burthens and taxes
laid upon them, and the continual murders committed by the
heathens, whereby the greatest part of the Colony is deserted.
Sends remonstrance which has gone through the several counties to
be signed, which when finished he intends to embark for England,
being desired to supplicate for a stop to be put to what appears
prejudicial to the country's interest. Hopes to arrive as soon as
this, for he waits only for money. Encloses, |
|
980. i. Remonstrance of the inhabitants of [blank] county. Appointing Giles Bland their agent in England to supplicate
his Majesty on behalf of us his poor distressed subjects,
and promising to pay all expenses. 2 pp. Endorsed,
"Rec. Aug. 28." [Col. Papers, Vol. XXXVII., Nos. 27,
27 I.] |
July 10.
Whitehall. |
981. Journal of the Lords of Trade and Plantations. It is
thought fit to report to his Majesty next Council day that whereas
no certain rule can be made in relation to Newfoundland passes
without opening a door to many frauds and abuses, their Lordships
propose that the respective cases as they arise be examined by the
Commissioners of Customs, and upon their inquiry and attestation
passes be granted by the Lords of the Admiralty on giving bond
the pass is applied to no other ship but returned at the end of the
voyage. [Col. Entry Bk., Vol. CIV., p. 158.] |
July 10.
New York. |
982. Sarah Winder to John Lewin and Robert Woolley.
Keeps a distinct account of what came by the Robert and
Anthony, and promises returns as fast as she can. Is sensible of
their kindness in furnishing Mr. Winder with part of the cargo.
Her whole care is to satisfy her debts, so has ordered payment of
171l., after deducting Mr. Ward's. 2 pp. Endorsed, "Read
4 March 1680." [Col. Papers, Vol. XXXVII., No. 28.] |
July 11.
Whitehall. |
983. Journal of the Lords of Trade and Plantations. Account
of money due to Sir Robert Southwell, one of the clerks of the
Council, for disbursements, from December 1674 to June 1676,
viz.:— |
|
[Extracts]:— |
£ |
s. |
d. |
|
Paid Mr. Slingesby for copies of two grants to
Connecticut and Rhode Island, as he had paid
for them at the Rolls, being 126 sheets |
6 |
9 |
0 |
|
Paid Mr. Slingesby for a map of Newfoundland
in vellum |
1 |
5 |
6 |
|
To Mr. Seller [hydrographer to the King], for a
large chart, in 16 sheets, of the maritime coast
of America |
1 |
10 |
0 |
|
Also for a chart of the West Indies |
0 |
15 |
0 |
|
For a Mercator's map of the West Indies |
0 |
12 |
0 |
|
For a map or his Majesty's dominions in America |
0 |
12 |
0 |
|
For a map of Virginia, &c. |
0 |
6 |
0 |
|
Mr. Ogilby's History of America, in folio |
2 |
5 |
0 |
|
Ligon's History of Barbados |
0 |
5 |
0 |
|
Hakluyt's Relation of the West Indies |
0 |
10 |
0 |
|
Déscription de l'Amerique, 2 vols. |
0 |
7 |
0 |
|
Smith's Voyages |
0 |
5 |
0 |
|
Natural History of the West Indies |
0 |
4 |
0 |
|
Papers of Carolina and New England |
0 |
3 |
6 |
|
[Col. Entry Bk., Vol. CIV., pp. 162, 163.] |
July 11.
Jamaica. |
984. Governor Vaughan to Sir Robert Southwell. Sends
duplicate of his last letter to the Lords. Finds his Majesty and
their Lordships have been misinformed in Gollop's case, but the
business will fall into his hands. News of a Dutch fleet of 24
men-of-war, Jacob Binkes, Admiral, Peter Constant, Vice-Admiral,
come into the Indies. They intend first to attack Cayenne, and so
take all the French islands in their way until they come to
Tortugas and the coast of Hispaniola. Will send by next ships
divers bills of lading and other papers relating to Gollop's prize.
Their Lordships' letter has been six months coming to him, asks
him to inquire into the reasons of the delay. "Rec. 10 Oct.
1676, by Capt. Gatling." 1 p. [Col. Papers, Vol. XXXVII.,
No. 29.] |
| July 11–12. |
985. Journal of Assembly of Barbadoes. Ordered that the Treasurer pay to Colonel William Sharpe and Colonel Richard Guy,
for account of Colonel Timothy Thornhill and Colonel Richard
Hawkins, 130l. 11s. sterling, for 746 feet of mastick timber, at the
rate of 3s. 6d. a foot, for the country's use. Ordered on petition of
Captain Edward Ditty that he be credited on account of excise
for fifteen pipes of Madeira wine, turned sour. An Act for better
enabling the executors of William Plumley, deceased, to sell his
estate; also an Act to prevent frauds and concealments in payment
of excise, passed. |
| July 12. |
An Act for securing the possession of negroes passed. Ordered
that the Treasurer pay Francis Seaton certain sums on account of
the trial of negroes upon their intended rebellion. An Act to
prevent inconveniences upon the inhabitants of this Island by
forestallers, ingrossers, and regrators, passed. [Col. Entry Bk.,
Vol. XIII., pp. 226–228.] |
| [July 12.] |
986. Petition of Thomas Martyn and Leonard Compeare of
London, but residing in Jamaica, to the King and Lords of Trade
and Plantations. That they are not only obstructed and discouraged by the Governor of Jamaica in the execution of the office
granted to them by his Majesty's patent of Receiver of duties and
impositions payable to his Majesty within said Island, but such
things are imposed upon them by the Governor's Instructions as
it is impossible for them to undergo without being losers by said
employment. Pray his Majesty to interpose his power so that
petitioners may receive the benefit of his grant to them. With
marginal notes of their grant and the King's directions thereon.
Signed by Thomas Martyn. Annexed, |
|
986. i. Order of the King in Council. Referring above petition to
Lords of Trade and Plantations for their report, when his
Majesty will declare his further pleasure. Whitehall,
1676, July 12. Endorsed, "Read at the Committee, 31
July 1676; also on 6th Feb. 1677." |
|
986. ii. The King's Patent to Thomas Martyn and Leonard
Compeare of the office of Receiver of all duties, impositions, payments, quit-rents, fines, forfeitures, and
escheats payable to his Majesty, his heirs or successors, in
Jamaica. Westminster, 1674, April 3. Also Leonard
Compeare's Declaration of Trust, 1676, June 9. |
|
986. iii., iv. Copies of a clause in Governor Lord Vaughan's
Commission and the 49th Article of his Instructions in
reference to the suspension and nomination of officers in
Jamaica. |
|
986. v. Governor Lord Vaughan's Instructions to Thomas Martyn
for the better execution and discharge of his office of
Receiver of his Majesty's quit-rents in Jamaica. St. Jago
de la Vega, 1676, Feb. 5. |
|
986. vi. Another copy of preceeding, also an additional instruction to Thomas Martyn. Port Royal, 1676, May 16. |
|
986. vii. Objections to the instructions given by Governor Lord
Vaughan to Thomas Martyn, Receiver of his Majesty's
quit-rents. |
|
986. viii. Bond of Thomas Martyn and Robert Byndlosse in the
sum of 6,000l. for Martyn's faithful discharge of the duties
of his office as Receiver. 1676, Feb. 1. |
|
986. ix., x. Order of the Council of Jamaica directing the fees
to be paid to Thomas Martyn as Receiver of his Majesty's
quit-rents. Whereupon, said Martyn being called in,
declared he would not act in said employment until he
heard from his Majesty, and thereupon gave up his instructions, desiring his Excellency to put another in the
employment. Two copies. Port Royal, 1676, July 24. |
|
986. xi. Order of the King in Council on Report of Lords of
Trade and Plantations in the case of Thomas Martyn and
Leonard Compeare. That their Lordships have heard
Counsel in behalf of petitioners, and it appears their
patent is very full, and the accustomed fees granted for
collection and receipt of the revenue [in Jamaica]. And
although informed by Sir Thomas Lynch and [Colonel]
Molesworth that the Patent Officer was not esteemed to
have any right to the receipt of other taxes imposed and
assessed for the particular use of the Island, their Lordships could not approve of said distinction, but are of
opinion that, as in England, so in Jamaica, no public
levies of money ought to be made otherwise than in your
Majesty's name, and therefore petitioners were entitled to
receive same and enjoy the fees mentioned in your
Majesty's Letters Patent. And further that Lord
Vaughan required a security from them of 6,000l.,
cannot but offer their opinion that his Majesty signify
his pleasure to Lord Vaughan forthwith to admit
petitioners into the full possession of the office of Receiver, and likewise mitigate the great security at present
demanded from petitioners. His Majesty approved said
report, and ordered Secretary Coventry to prepare a
letter for his Majesty's signature to Governor Lord
Vaughan to admit petitioners to enjoy the full benefit
and advantage of their said patent, giving security proportionable to the receipt. Whitehall, 1677, July 13.
Together, 15 pp. [Col. Papers, Vol XXXVII., Nos. 30,
30 1.–X.; also Col. Entry Bk., Vol. XXIX., pp.
106–111.] |
|
987. "Royal Company. Negroes at Jamaica, 1676." Endorsed by Secretary Williamson, probably the Opinion of the
Attorney-General. Patent to the Duke of York of the office of
Admiral of Jamaica and all other his Majesty's Plantations and
Dominions. Also the King's patent (sic) of privileges, &c., by way
of encouragement to Planters and inhabitants of Jamaica. Charter
to the Royal Company. The case of the ship [St. George], laden
with negroes from Angola, seized at Jamaica, and cited at the
Admiralty there, and why the Judge suffered the case to be dismissed to law. At common law they pretend the grant of the sole
trade is void by the statute against monopolies. So first they
ou[s]t the Admiralty of his jurisdiction by a subsequent Act of
their Assembly, and then the King of his prerogative under colour
that this grant is against said statute, and that the King is as well
bound thereby at Jamaica as here. As to the first point, "it is
conceived" that the first letters patent to the Admiral cannot be
altered or abridged by any subsequent grant. And no Act of the
Assembly which is "derivitive" from the second grant can prejudice the prior right granted to the Admiral. As to second
point, "I cannot see" upon what terms the inhabitants of Jamaica
are as to their being governed and enjoying the benefits of the
laws of England. "I know not what opinion to give. But this, I
conceive, is plain, that by his Majesty's acquisition of that country
he is absolute sovereign, and may impose what form of constitution
both of government and laws, he pleaseth, and the inhabitants are
in no sort entitled to the laws of England or to be governed
thereby, but by the mere grace and grant of the King. And,
therefore, until it shall be seen what the King has granted, I do
forbear to give any further direction." 2 pp. [Col. Papers,
Vol. XXXVII., No. 31.] |
13 July.
Whitehall. |
988. Journal of the Lords of Trade and Plantations. The Lords
take in hand the case of the negro ship (St. George) in Jamaica.
Mr. Attorney-General explains the whole matter. The Deputy and
others of the African Company attend. Dr. Lloyd's report read.
Ordered, after debate, that Lord Vaughan be written to that he
take care to preserve the jurisdiction of the Admiralty, and that
the King's prerogative be not called in question concerning forfeitures, notwithstanding an Act of the Island dividing it into
several parishes which cannot lessen the Lord High Admiral's
jurisdiction granted to his Royal Highness; and that to prevent
such disputes, all offenders be, at least, fined to the value of the
ship and cargo upon indictment for their contempt in bringing in such
ships. Their Lordships likewise consider the case of John Deane, who
has lately been apprehended in Jamaica by Lord Vaughan, and
condemned to suffer death as a pirate for having seized an English
vessel the John Adventure, drunk out several pipes of wine and
taken away a cable value 100l., forcibly carrying the ship to
Jamaica, besides wearing Dutch, French, and Spanish colours
without lawful commission as is seen in the exemplification of said
Deane's trial. Upon which the Lords direct that the Judge of the
Admiralty have orders to consider how far said proceedings are
warrantable by the laws and practise of England. Sir John Werden
who is present is desired to move his Royal Highness for a Com
mission of Oyer and Terminer to be sent to Governor Lord Vaughan,
which is to be a dormant commission for trial of pirates and every
new Governor to carry one over with him. [Col. Entry Bk., Vol. CIV.,
pp. 167–168.] |
| July (?). |
989. "Royal Company." Endorsed by Secretary Williamson.
Mem.—That letter be procured by his Majesty's command purporting
that his Majesty has been acquainted with the proceedings against
the St. George and her lading of negroes at Jamaica, and declares
his dissatisfaction with the admission of the pretended plea that
said ship was siezed within a parish of the Island thereby declining
the Admiral's jurisdiction and questioning his Majesty's charter to
the Royal African Company. That his Majesty will not have his
authority questioned at Jamaica, His Royal Highness' jurisdiction
trampled on as Lord High Admiral, or the Charter to the Royal
African Company questioned as a monopoly. That an appeal
being made to his Majesty, the Governor cause good security to be
given by the Master of said ship, or others who had the negroes, to
answer their full value in case same shall be declared forfeited
according to the Royal African Company's charter. 1 p. [Col.
Papers, Vol. XXXVII., No. 32.] |
July 17.
Nevis. |
990. Governor Stapleton to Lords of Trade and Plantations.
Sends map of St. Christopher's and Nevis and excuses some
errors of orthography; cannot yet get drawn that of Antigua. The
bearer [Joseph Rokeby], Secretary of the Island for several years is
able to give account of these islands as well as most men, and [John]
Coombes of this Council has also gone home. Sends copies of bonds;
little trade at St. Christopher's. Beseeches their Lordships to
reiterate the condition of the officers and soldiers to his Majesty and
to consider his own great charges and arrears still due to him.
Endorsed, "Rec. from the Secretary of Antigua [Nevis ?] with
maps of Nevis and St. Christopher's, read 14 Sept. 1676," 1 p.
[Col. Papers, Vol. XXXVII., No. 33, and Col. Entry Bk., Vol.
XLVI., pp. 134, 135.] |
July 17.
Nevis. |
991. Governor Stapleton to Sir Robert Southwell. Begs the
continuance of his favours and that if he hears anything against
Stapleton from Sir Charles Wheler or Sir Jonathan Atkins to let
him know; hears they are inveterate against him, but knows not
why. Two of the Council, Joseph Rokeby, a Yorkshire gentleman,
and John Coombes, of Southampton, are able to give their Lordships information of these parts, also Captain Peter Cove, all gone
home about their private affairs. Endorsed, "Rec. 14 Sept. 1676.'
[Col. Papers, Vol. XXXVII, No. 34.] |
July 19.
Whitehall. |
992. Order of the King in Council. That the Lord High
Treasurer of England do issue Orders and Warrants for payment of
the sum of 2,497l. 6s. 8d. to George Wharton, Treasurer of the
Ordnance, to be employed in providing and transporting certain
stores to Virginia. SeeEstimate, ante No. 948. [Col. Entry Bk.,
Vol. LXXX., p. 69.] |
| July 20. |
993. Dr. Richard Lloyd to Lords of Trade and Plantations. In
obedience to their commands, certifies his opinion whether the trial
and condemnation of John Deane for piracy by Lord Vaughan, as
Vice-Admiral to his Royal Highness in Jamaica, can be justified by
law, as also what has been the practise of the High Court of
Admiralty here before the Statutes of 27 & 28 Hen. VIII. and
since as to the trial of pirates. That Lord Vaughan has not
regularly proceeded in said trial and condemnation for the reasons
stated. Pirates and sea rovers are in the eye of the law outlawed,
every man is commissioned to seize and stay them if they make
opposition, but if they yield or be taken they are to be tried
criminally according to the prescribed form and the practise in such
cases. Endorsed, "Read, 20 July 1676." 2 pp. [Col. Papers, Vol.
XXXVII., No. 35, and Col. Entry Bk., Vol. XXIX, pp. 80–83.] |
July 20.
Whitehall. |
994. Journals of the Lords of Trade and Plantations. On
reading the report of Dr. Lloyd concerning Lord Vaughan's proceedings in Jamaica in the condemnation of Deane the pirate, their
Lordships agree to present said report to his Majesty in Council
with their opinion that letters should be writ to Lord Vaughan to
stop execution, and that his Majesty should command a Commission
of Oyer and Terminer to be sent over for the trial of this and all
other pirates according to the method of law as prescribed in the
Statute of Henry VIII. [Col. Entry Bk., Vol. CIV., p. 176.] |
| July 20. |
995. Memorandum of the Lords of Trade and Plantations.
That my Lord Privy Seal present his Majesty with the report of
Dr. Lloyd touching the condemnation of a pirate (Deane) in Jamaica,
with their Lordships' opinion that letters should be written to Lord
Vaughan as expressed in preceding abstract. [Col. Entry Bk.,
Vol. XXIX., pp. 83, 84.] |
| July 20. |
996. Invoice of goods and servants aboard the Richard and
Elizabeth, Nicholas Pryn, Master, for Virginia for the account of
[Alderman] Richard Booth and Samuel Story, of Samuel Claphamson, William Hunt, and William Paggen. These consist of linen,
woollen, silk and hoods, upholstery, stockings, shoes, saddles, gloves,
seeds, haberdashery, iron ware, knives, combs, buttons, bodices, hats,
grocery ware, gunsmith, "cheesemonger's bill," powder and shot,
anchovies, soap and salt, stationers' ware, wine and brandy amounting to 263l. 12s. 7 pp. [Col. Papers, Vol. XXXVII., No. 36.] |
July 21
Whitehall. |
997. The Privy Council to Sir Thomas Chicheley, Master of
his Majesty's Ordnance, directing him to cause certain stores (see
Estimate, ante No. 948) to be forthwith provided and transported
to Virginia and delivered to the Governor there for his Majesty's
service in that Colony. [Col. Entry Bk., Vol. LXXX., pp. 69, 70.] |
July 24.
St. Jago de la Vega. |
998. Journal of the Council of Jamaica. His Excellency having
acquainted the Council that he had divers matters to object against
Sir Henry Morgan and Robert Byndlosse in his Majesty's behalf,
Sir Henry was called in and his Excellency proceeded to examine
him on certain interrogatories in reference to his dealings with the
privateers in 1675 which follow with his answers to same. Then
his Excellency exhibited certain articles against Sir H. Morgan with
the several proofs to each of them, the 1st Article being that
Morgan in March 1675 presumptuously made use of his Excellency's
name and authority without his orders in divers letters he wrote to
the privateers, to which are added Morgan's answers to each Article.
Then follow the Articles exhibited against Robert Byndlosse with
his answers to each of them, which have also reference to Byndlosse's
dealings with the privateers, especially his correspondence with
M. Ogeron, Governor of Tortugas, about the recovery of certain
tenths due to the French Admiral by captains of privateers who
touched at Jamaica. Ordered that the examinations, articles, and
answers aforesaid, with all the letters, depositions, and proofs, be
kept upon the Council file and entered upon the records, fairly
copied, and transmitted to his Majesty under the hand of the Clerk
of the Council and the seal of his Excellency. On petition of John
Martyn, the Council were of opinion that the customs raised in
Jamaica were not in his patent; but on perusing his instructions for
collecting the quit rents, it was resolved that his fee should be 2s.
per 1l., for the first 2,000l. and above that sum 1s. per 1l., whereupon
said Martyn being called in, declared he would not act and desired
his Excellency to put another in that employment. Letter from the
King to Governor Lord Vaughan, dated 28th March 1676, to admit
Samuel Long a Privy Councillor in pursuance of which said
Lieutenant-Colonel Samuel Long was sworn and took his place at
the Board. [Col. Entry Bk., Vol. XXXV., pp. 471–514.] |
July 27.
Whitehall. |
999. Journal of the Lords of Trade and Plantations. On
reading letter from Colonel Stapleton, Governor of the Leeward
Isles, of 26th April last (see ante, No. 902), ordered that Captain
Gorges, Colonel Stapleton, Colonel Freeman, and others soliciting
the business of those parts attend on Monday morning. [Col. Entry
Bk., Vol. CIV., pp. 183, 184.] |
July 27.
Whitehall. |
1000. Journal of the Lords of Trade and Plantations. On
consideration of the affairs of Jamaica, their Lordships think fit
that when the letter ordered by his Majesty in Council concerning
Deane the pirate and other despatches be sent to Lord Vaughan he
have at the same time an account of all his letters received by their
Lordships, and that the laws transmitted by him are making ready
for his Majesty's approbation. [Col. Entry Bk., Vol. CIV., p. 184.] |
July 28.
Whitehall. |
1001. Lords of Trade and Plantations to Lord Vaughan,
Governor of Jamaica. Find that his Lordship's proceedings in the
trial of John Deane, lately tried and condemned for piracy by his
Lordship, are not warranted by the laws of this Kingdom, it not
appearing that pirates were de facto tried by the civil law. though
it is supposed they were so tried, but by Commission of Oyer and
Terminer under the great seal of England, therefore their Lordships
advised his Majesty that the execution of said Deane might be
stopped, and a commission sent for his new trial which his Majesty
approving has given directions for a Commission of Oyer and
Terminer to be prepared and sent to Lord Vaughan with all speed;
to the end his Lordship may cause the execution of said Deane to
be stopped and proceed to a new trial. 2 pp. [Col. Papers, Vol.
XXXVII., No. 37, and Col. Entry Bks., Vol. XXIX., pp. 84–86,
and Vol. XCVI., pp. 103–105.] |
| [July 31.] |
1002. Sir Robert Southwell to Governor Lord Vaughan.
Acknowledges receipt of several letters from him. Doubts not that
the frigate Phœnix which had already been ordered to succeed the
Foresight has long since arrived in Jamaica. Received the map
by Captain Davis, and their lordships are extremely pleased with
the beauty and exactness of it, and when pasted on cloth will present
it to his Majesty. His letter which accompanied the general
account of the island was very well received but not perused
because he so much pressed a dispatch of the laws. Their Lordships have spent many days in the perusal of them, and, having
finished the whole, they propose a short review of their observations
and will then deliberate upon what sort of report they shall make
to his Majesty "in that great affair," so that his Lordship will see
from hence that Sir Robert is not able to tell him what is the
result of the Committee upon these laws. But for his Lordship's
own private satisfaction, names some of the observations that were
made. Recites the hearing before the Lords about the interloping
ship of negroes and the African Company, and the letter ordered to
be written to his Lordship on the subject. Also sends letter from
the Lords touching the pirate Deane. See preceding letter. [Col.
Entry Bk., Vol. XXIX., pp. 86–89.] |
| July. |
1003. Twenty-one Acts and one Petition made at a General
Assembly held at St. Maries [Maryland], the 15th day of May, in
the first year of the dominion of Charles, &c., A.D. 1676, the titles
of which are as follows:—1. An Act for continuing the payment of
the imposition of 2s. per hogshead during the life of the Honourable
Cecil Calvert, son and heir of the Right Honourable Charles,
absolute Lord Proprietor of the Provinces of Maryland and Avalon,
Lord Baltimore, &c., in case he survives his Lordship. |
|
Petition of Philip Calvert, your Lordship's Judge in testamentary
causes, and John Jourdain, the two overseers of the last will of
Lieutenant-Colonel John Jarbee, late deceased. 2. For securing
merchants and others tobacco after they have received it. 3. Relating to the seizure of tobacco by the sheriff. 4. For the relief of
Ann Cawood, widow, and her children. 5. For the publication of
marriages. 6. Relating to servants and slaves. 7. Providing for
the security and defence of the Province. 8. Touching coopers
and gauge of tobacco hogsheads. 9. For the settling the inheritance of the real estate of Robert Cager as also his personal estate
upon the Mayor, Recorder, Aldermen, and Common Council of the
City of St. Maries, and their successors to the uses in the said
Robert Cager's will mentioned. 10. Concerning order keepers.
11. For limitation of Officers' fees. 12. Against exportation of corn.
13. For easement of the inhabitants of this Province in suits at
law for small debts. 14. For the constables taking the list of
the taxables. 15. To prevent the unnecessary delays of executions.
16. For punishment of a certain abuse committed by Henry Ward,
of Cecil County, gentleman, against the Right Honourable the Lord
Proprietor and the public. 17. Against the importation of convicted persons into this Province. 18. For securing creditors.
19. For reviving of certain laws within this Province. 20. For
repeal of certain laws and also for ascertaining what laws are in
force within this Province. 21. For payment and assessing the
public charges of this Province. "These laws passed the seal, 3rd
July 1676. Philip Calvert, Cañc." [Col. Entry Bk., Vol. LIII.,
pp. 295–346.] |
