America and West Indies
July 1676

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Institute of Historical Research

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W. Noel Sainsbury (editor)

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1893

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417-435

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'America and West Indies: July 1676', Calendar of State Papers Colonial, America and West Indies, Volume 9: 1675-1676 and Addenda 1574-1674 (1893), pp. 417-435. URL: http://www.british-history.ac.uk/report.aspx?compid=70110 Date accessed: 19 April 2014. Add to my bookshelf


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July 1676

? 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 sheets690
Paid Mr. Slingesby for a map of Newfoundland in vellum156
To Mr. Seller [hydrographer to the King], for a large chart, in 16 sheets, of the maritime coast of America1100
Also for a chart of the West Indies0150
For a Mercator's map of the West Indies0120
For a map or his Majesty's dominions in America0120
For a map of Virginia, &c.060
Mr. Ogilby's History of America, in folio250
Ligon's History of Barbados050
Hakluyt's Relation of the West Indies0100
Déscription de l'Amerique, 2 vols.070
Smith's Voyages050
Natural History of the West Indies040
Papers of Carolina and New England036
[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.]