America and West Indies
March 1674

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Institute of Historical Research

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W. Noel Sainsbury (editor)

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1889

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559-573

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'America and West Indies: March 1674', Calendar of State Papers Colonial, America and West Indies, Volume 7: 1669-1674 (1889), pp. 559-573. URL: http://www.british-history.ac.uk/report.aspx?compid=70247 Date accessed: 31 July 2014.


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March 1674

Mar. 1. 1231. An Act of the Assembly of Jamaica authorising the free importation of negroes in all ships qualified according to the Acts of Navigation and Trade. "Passed the 1st day of March 1673/4;." Two copies. [Col. Papers, Vol. XXXI., Nos. 15, 16.]
Mar. 3–15. 1232. Journals of the Assembly of Jamaica. Several Acts read and passed.
Mar. 4.—Acts read and passed and sent to the Governor and Council, some of them returned. That the Governor be desired to commission some persons to inquire into alleged abuses by the Provost-Marshal of his prisoners.
Mar. 5.—Acts read and passed. Voted on petition of Mr. Scarlett that he receive 100 l. out of the Treasury, and 10l. per year during his residence here. On a message from the Governor and Council that suppressing the lawyers would be very inconvenient, voted that they ought nevertheless to be suppressed.
Mar. 10.—Acts read and passed.
Mar. 11.—The Act of Revenue considered with several amendments; other Acts read and passed.
Mar. 12.—Acts read and passed. The Acts of Revenue and Suppression of Lawyers to continue in force for one and the same time.
Mar. 13.—Acts read and passed. An Act against incontinent living voted not to pass on the third reading.
Mar. 14.—Act read third time and passed. The Governor to be desired to make up the sum voted in the Act of Revenue to Mr. Thornton, the Provost-Marshal, to 50l. for his pains and charges in serving writs for election of several Assemblies.
Mar. 15.—The Assembly sent for by the Governor, who, having signed the Acts and delivered them to the Speaker, desired the Assembly to adjourn for a time, which they did, till 11th May. 8 pp. [Col. Entry Bk., No. XXXVII., fo. 95–98.]
Mar. 4.
Barbadoes.
1233. The President and Council of Barbadoes to (the Council for Trade and Plantations). Wrote by the St. David and also by Capt. Hayles, since which they have continued in great peace and health, but, by the interruption of trade by the war, are in great want of all things, especially provisions, which has been augmented by an unusual drought. Again beseech them to intercede with his Majesty that powder, match, and small-arms be speedily sent them. By the ships that came under convoy of the Portland were sent provisions and stores for the St. David and Garland, the one being gone for England, and the other for New England to victual, said victuals and stores were received on shore till order be sent how to dispose of them, but the provisions decaying apace, they were sold, and have used the produce for payment of the bills Capt. Wyborne of the Garland drew on them from New England for provisions he took up there, of all which they have given account to the Commissioners of the Navy. Had thoughts of desiring the Assembly that the provisions taken up in New England might be paid for by the island, but the excise on liquors is already pre-engaged for debts, so thought it more for his Majesty's service to pay the bills as above said than to burden the people with a tax, who, besides dearth of provisions, labour under many other hardships, and on whom must speedily fall the charge of the repair of the fortifications which they are accomplishing. Signed by Sir P. Colleton, J. Willoughby, Hen. Drax, Hen. Hawley, Dan. Searle, Hen. Walrond, Thos. Wardall, Sam. Farmer, Sam. Newton, and John Sparke. Endorsed by Locke, "Barbadoes. The Council to the Council of Plantations." 2 pp. [Col. Papers, Vol. XXXI., No. 17.]
Mar. 4. 1234. Copy of preceding. [Col. Entry Bk., No. XCIV., 176, 177.]
Mar. 4. 1235. Minutes of Council of Antigua. Ordered, that storehouse-keepers be established in every division, under oath that they use no weights and scales not allowed by the clerk of the market; that with reference to an Act formerly passed that tobacco made on the island should be brought to the public storehouses under penalty of forfeiture, no person buy or sell goods by weight and measure not tried and allowed by the clerk of the market, which weights and measures are to be brought to the said clerk, under a penalty. 1/2 p. [Col. Papers, Vol. XXV., No. 55*.]
Mar. 6.
Whitehall.
1236. Petition of William Helyar, Esq., of East Coker, county Somerset, to the King. One Daniel Fitch, late of Jamaica, merchant, deceased, was possessed by patent from the Governor, dated in January 1667–8, of 400 acres of woodland in that island, which petitioner about November 1671 purchased of Francis Fitch, his son and heir, then in England. But before petitioner could get possession Sir Thomas Lynch, the Governor, without any colour of right, about July 1672 seized said woodland into his own hands, and refuses to restore same. Petitioner has been a great sufferer for adhering to his Majesty's father in the late war, and prays his Majesty to command Sir Thos. Lynch to restore said 400 acres to petitioner, with his just damages. With reference to the Lords of Trade and Plantations to examine and report what is fit to be done. Endorsed by John Locke, "Recd & read in Council 6th Mar. 1673/4." 1 p. [Col. Papers, Vol. XXXI., No. 18; see also Col. Entry Bk., No. XXVII., 169.]
Mar. 7.
Nevis.
1237. Gov. Stapleton to the Council for Trade and Plantations. The cowardly giving away of the Laurel of Plymouth, whose master had a packet for their Lordships, to a pitiful Dutch brigantine, makes him write the third time what he sent by the Unity in answer to their particulars of the 20th March 1673. Sends copies of all he sent by the Laurel. The Dutch privateers from Curaçoa are very thick hereabouts, and have lately chased two merchantmen ashore, one protected by their great and small shot got clear; the other homeward bound was cut from the Road, the master running her ashore on the rocks, before the enemy should have her. Presumes to represent that his Majesty in his Customs of these islands loses what might bear the charge of a frigate or two, besides the losses of his subjects by the Dutch, who so often take our vessels laden with sugar, indigo, and tobacco. The French, if they have but five or six vessels going or coming, have a frigate at least for convoy. Begs perusal of a copy of his by the Laurel. In margin, "Recd with orders of the Assembly & certificates of "collectors of the Customs concerning entries of 41/2 per cent., being "in answer to the farmers complt of a failure in the said entries." Endorsed, "Recd 29th April. Read in commtee 8 May /74." Annexed,
1237. I. Gov. Stapleton to the Council for Trade and Plantations. Hopes before this comes to their hands they have received his answer to the several particulars and a map of St. Christopher's; sends a copy, and other papers passed betwixt M. de Baas and himself; he has always one excuse or other for not appearing on St. Christopher's to decide differences. By his Majesty's letter of the 4th April last it is expressed that notwithstanding his Majesty's grant to Col. Strode for collecting the duty of 41/2 per cent., the inhabitants and merchants refuse the same, not permitting the officers to weigh the sugars before shipped. Assures their Lordships that this is not so, as by the certificates of Col. Strode's sub-commissioners hereto annexed and the several orders of Court may plainly appear. The collectors may weigh when they please, but hitherto have not erected beams in the places appointed, agreeing very well with those that ship. The rent may be well paid and the Farmer a gainer if he has faithful officers, only in St. Christopher's, where the King has commanded there should be no 4 1/2 per cent. paid for three years from the 25th March 1672; which favour is of little advantage to the planters, who are in no shipping condition, and can buy nothing the cheaper for it. Prays that the two companies at St. Christopher's may have their arrears paid, and be established in some continual way of payment. It will not be of any credit for them to have the name of soldiers and go naked, as some do, and in time of service may run to the French and Dutch. Implores their assistance in other particulars, which he has offered to Lord Arlington. P.S. "Copy of my letter sent by the Laurel of Plymouth." Nevis, 1674, Feb. 3.
1237. II. Order of the Governor, Council, and Assembly of Nevis, upon petition presented by several merchants and others touching the 4 1/2 per cent.: That the former contract made with Tho. Bradgate, commissioner, that custom be paid for 1,300 lbs. sugar per butt shipped off, stand good, or otherwise that the customer set up beams and scales and sealed weights at all places nominated by Francis Lord Willoughby for lawful ports, the merchants being allowed tare according to the rules of the Custom Houses in England. 1672, July 5.
1237. III. Similar order on petition of Jos. Martyn, sub-commissioner for the 4 1/2 per cent., touching the erecting of beams and scales: That said Martyn shall take the butts as formerly at 1,300 lbs. sugar per butt, according to the orders of 18th January 1671 and 5th July 1672, or otherwise erect beams and scales at the five several ports for shipping. 1673, May 9.
1237. IV. Certificate of Thomas Bradgate, commissioner of the King's duty of 4 1/2 per cent in the Leeward Islands, that he has always received said duty without let or hindrance, and no one has ever refused to make due entries in the Custom House and pay said duty. 1673, July 25.
1237. V. Similar certificate of Joseph Martyn, sub-commissioner and chief collector of the King's duty of 4 1/2 per cent. 1673, Sept. 25.
1237. VI. Similar certificate of Joseph Crispe and Harvey Ekins to same effect, except as to St. Christopher's, where his Majesty had commanded that no impost should be paid for three years. 1673, Oct. 8.
Nos. III., IV., V., VI. are endorsed by John Locke, Nevis, Leeward Islands. Recd 29 April 1674. Together, 7 pp. [Col. Papers, Vol. XXXI., Nos. 19. 19. I.–VI.; see also Col. Entry Bk., Vol. XCIV., 181–2.]
(8 Mar.) 1238. Report of the Council for Trade and Plantations to the King. In pursuance of his Majesty's reference of 19th November last on petition of Edwin Steed, Provost-Marshal of Barbadoes (see ante, No. 1167), not having been able to get such evidence as can make out fully to themselves either the matter of fact or right, offer it as their opinion that the Governor now going to Barbadoes have particular instructions with the advice of the Council there. (1.) To inquire how Henry Walrond behaved himself on Mr. Steed's demand to have his Majesty's letters patents read in open court, and whether he refused so to do, as alleged, and that he do therein in relation to his Majesty's honour what shall seem fit. (2.) And to inform himself what fees, perquisites, and other rights have formerly belonged to Provosts-Marshal of Barbadoes, and particularly whether they have right to nominate the under-marshals in the respective courts, and if so, to invest said Edwin Steed in the same, and in all rights, privileges, and prerogatives belonging to him by virtue of said letters patents. 2 pp. Signed by Shaftesbury, T. Culpeper, Rich. Gorges, William Hickman, and H. Slingesby. [Col. Papers, Vol. XXXI., No. 20.] See also a copy with Mem. that this report was delivered to Mr. Sec. Coventry by Mr. Locke on 8th March 1674. [Col. Entry Bk., No. XCIV, 71, 72.]
Mar. 11. 1239. Minutes of the Council of Barbadoes. Ordered, that Capt. Wyborne receive out of the magazine for H.M.S. Garland 20 barrels powder and 50 weight of match, and Capt. Delavall for the Eagle 100 saker shot; and that the Commissioners for fortifications under the Act of 31 March 1671, appear next Tuesday to give account of their proceedings, and that — (sic), a constable of the Hole precincts, who was employed by them to collect part of the duty on coppers and stills, also attend with account of what he has so received and how he has disposed of same. 1 p. [Col. Entry Bk., No. XI., 263.]
Mar. 13. 1240. Warrant to [the Attorney-General ?]. Whereas by letters patent in the 12th year of his Majesty's reign, his Majesty granted to John Dawes the offices of Secretary and Clerk of the Courts of Barbadoes, and whereas Richd. Morley, Gent., has informed his Majesty that said John Dawes is willing to surrender said grant, and prays for a new grant to himself. It is his Majesty's pleasure that he prepare a Bill containing a grant of the offices of Secretary of Barbadoes, Secretary to the Governor and Council, Secretary to the Council, and Clerk of the Courts there to said Richd. Morley for life, to execute the same by himself or his sufficient deputies, with all profits and privileges thereto belonging. 1 p. [Dom. Entry Bk., Chas. II., Vol. XXXVI., p. 347.]
1241. MS. Volume containing the "Laws enacted by Sir Thomas Lynch at Jamaica in Feby 167 3/4," with the Table of Titles of the Acts therein contained, viz. : —(1.) An Act for ascertaining the number of Assembly men; (2.) for dividing his Majesty's island of Jamaica into several parishes and precincts; (3.) for raising a public revenue out of the strong liquors and other goods of the production of foreign plantations imported or to be imported into this island, and for the disposal thereof; (4.) for the better maintenance of the ministry; (5.) for better amending and repairing and keeping clear the common highways and known broad paths within this island leading to church and market, and for laying out new highways, and turning old highways, where it shall be needful; (6.) for the speedy taking out of patents, and better adjusting and more easy collecting the quitrents of this his Majesty's island; (7.) for the good governing of servants, and ordering the rights between masters and servants; (8.) for the better ordering and governing of negro slaves; (9.) authorising the free importation of negroes in all ships qualified according to the Acts of Navigation and Trade; (10.) for settling the militia; (11.) for establishing the Supreme Court of Judicature in the town of St. Jago de la Vega; (12.) for regulating of the fees of the several offices of the island; (13.) for foreign attachments; (14.) for the regulating of the Marshal's proceedings in the levying of executions; (15.) empowering his Majesty's Justices of the Peace in this island to decide all pleas and differences between party and party not exceeding the value of forty shillings; (16.) for confirmation of divers Acts and orders heretofore made; (17.) empowering the secretary to take security of the masters of ships, &c.; (18.) requiring the enrolment of deeds for prevention of fraudulent conveyances; (19.) declaring the laws of England in force in this island; (20.) against sueing any person for foreign debts within five years after the arrival here; (21.) for the better suppressing the multiplicity of lawsuits; (22.) for quieting of all persons' estates against dormant titles; (23.) against excessive usury; (24.) for the speedy remedying of nuisances on Port Royal, and to prevent spreading fire thereon; (25.) for rating meat sold by retail; (26.) to prevent the trusting of seamen, &c.; (27.) to prevent the retailing of strong liquors by unlicensed persons; (28.) to prevent fraud and deceit in the makers and sellers of rum; (29.) against tippling, cursing, and swearing; (30.) declaring it felony without benefit of clergy to steal away any boat, canoe, or other vessel; (31.) for regulating the freight of boats; (32.) prohibiting the transportation of several commodities out of this island, being in a growing condition; (33.) for the anniversary celebrating the tenth day of May for ever, as a thanksgiving for the success and conquest made and obtained on his most sacred Majesty's island of Jamaica; (34.) for toleration in matters of religion; (35.) empowering the churchwardens of St. Katherine's to receive 12d. per ton for all goods made up in cask that are landed on or shipped from the bridge at Passage Fort, for maintaining and repairing the same; (36) for compensation of the loss of Mr. Nicholas Scarlett by his pursuit of the rebellious negroes at Lygonee; (37.) for preventing abuses by surveyors in running out land; (38.) for encouragement to Mr. James Lassells for the sugar-mill he lately contrived; (39.) for prevention of such damages as may happen by fire; (40.) for preserving the savannas and small plantations; (41.) for regulation of hunting; (42.) for preservation of cattle; (43.) for encouraging the building of a town at Old Harbour; (44.) for encouragement to shipping to take in lading at Port St. Thomas; (45.) for establishing the current price of money; (46.) for recovery of such moneys as were subscribed to for building a half-moon at Bonham's Point, that are not yet paid; and (47.) for the appointing trustees for the sale of Mr. Tothill's estate and payment of his debts. Together, 455 pp. [Col. Entry Bk., No. XXXIX.; see also Col. Entry Bk., No. XXXVII., 100–138.]
Mar. 14.
Jago de la
Vega.
1242. Minutes of the Council of Jamaica. The above Acts, the titles only of which are given, having been read and passed three times in both Houses, were [with the exception of No. 18], presented by the Speaker and Assembly to be signed by the Governor. Which Acts having been signed, the Assembly were desired to adjourn till the 11th May, their vote that the Provost-Marshal receive 50l. out of the public treasury for his extraordinary attendance and trouble having first been concurred with. 4 pp. [Col. Entry Bk., No. XXXV., 364–368.]
Mar. 17. 1243. Minutes of the Council of Barbadoes. Ordered that the Garland, Capt. John Wyborne, sail with the Eagle and the fleet of ships bound for England to the latitude of 18, and thence return to windward of this island. 1/2 p. [Col. Entry Bk., No. XI., 264.]
Mar. 17. 1244. Paper presented to the Committee of Council for Trade and Plantations by Mr. Gorge. Plantations on the continent of America or large islands which swallow up great numbers of people, and are able to produce both food and raiment for their livelihood, are doubtless rather injurious than profitable to this kingdom. But with Barbadoes and the Caribbee Islands it is otherwise, Barbadoes being managed with 5,000 English, who have purchased 70,000 negroes, and are supplied with a great part of their provisions and all their clothing, household stuff, horses, &c., from England, to the value of above 300,000l. per annum; these few English employ 200 ships yearly, with 6,000 seamen, and the other islands proportionable, and bring home a native commodity to England of 600,000l. per annum, great part whereof is yearly exported, and is no small help to the balance of trade of the nation. Upon the sugar plantations chiefly depends the Guinea trade also. By which it appears that 'tis the interest of England to encourage these small sugar plantations, and if possible to anticipate other nations their competitors. In order whereto it is offered that whereas of late years few English servants transport themselves to the sugar plantations, which stand in great need of white men to keep their vast number of negroes in subjection and defend the islands, and since many thousands of Scotch seek employment with foreign princes, many of whom might be induced to go to these plantations, where they would be ready for his Majesty's service in time of need, therefore that Scotland may be permitted to trade with the sugar plantations as Ireland has; and also that provisions and manufactures may be exported thither from the ports of England free of duties as formerly, said plantations being members of England. Endorsed by John Locke, "Plantations," and in another hand, Mr. Gorge, his paper about the Plantations. Read in Council March 17, 1674. [Col. Papers, Vol. XXXI., No. 21.]
Mar. 18. 1245. Order of the Council for Trade and Plantations. That John Locke, Esq., treasurer, pay to Thos. Roe, door-keeper to this Council, forty shillings. [Col. Entry Bk., XCIV., p. 117.]
Mar. 19. 1246. Warrant to the Attorney-General. To prepare a Bill to pass the Great Seal for erecting an office for the receipt of duties payable to his Majesty in respect of wines, spirits, and other liquors sugar, indigo, tobacco, and caviare imported into Jamaica, and of the duty of tonnage upon shipping there, and of the duties payable for licenses to sell liquors, and also quitrents, fines payable to his Majesty, his heirs and successors in that island; and for granting said office to Tho. Martyn, Esq., and Leonard Compear, of London, or their sufficient deputies, for their lives and the life of the longest liver, with the same fees and advantages as Reginald Wilson, merchant, Samuel Warren, Col. Robert Freeman, and Capt. John Boarden, or any others had for the collection of same. 3/4 p.See No. 1260. [Dom. Entry Bk., Chas. II., Vol. XL., p. 172.]
(Mar. 20.) 1247. Proposals of William Earl of Sterling, Ferdinando Gorges, and Robt. Mason, to the King. Are the Proprietors of three of the principal Provinces in New England, and willing to surrender their patent to the King for his service and the good of the kingdom, whereby the King will have a right to send over one general Governor for the three Provinces and settle a moderate government suitable to the condition of the people, which will be a means to hinder the further encroachments of the Boston Corporation and also to reduce them under the King's Government, very much to the profit of the King and of the people there. In consideration thereof and of the large sums spent by their ancestors in planting the colony they desire new grants from the King of a third of all customs, rents, fines, and other profits levied in the Provinces or some other reasonable compensation. Underwritten is the King's reference, signed by Sec. Coventry, to the Committee of Foreign Plantations to make their report to his Majesty, who will then further declare his pleasure. 20 March 1674. 1 p. [Col. Papers, Vol. XXXI., No. 22.]
Mar. 20 1248. Two copies of the preceding. [Col. Papers, Vol. XXXI., Nos. 23, 24; see also Col. Entry Bk., Vol. XCIV., p. 80.]
Mar. 23. 1249. Report of the Council for Trade and Plantations to the King. His Majesty having in the 5th Article of the Treaty at Westminster 9–19 Feb. 1673–4 taken particular care that his subjects in Surinam should have liberty to depart whenever he should send for them; their Lordships offer that his Majesty send immediately to the States-General for authentic letters giving their Governor of Surinam positive orders to execute said Article according to the full intent thereof, without any manner of equivocation; and that said letters be obtained with all possible speed and a duplicate dispatched by an advice boat with notice to the English in Surinam that his Majesty's ships for their transportation will be there by the 1st August next at furthest; for which purpose two vessels should be sent of the same burden as those formerly sent, the English there with their negroes being about 700. Further advise that his Majesty's Minister in Holland be instructed to endeavour that the orders of the States-General to the Governor be particular in the following points :—(1.) That he suffer all persons thereto deputed by his Majesty to have free liberty to converse with the English as to their removal; (2.) that the English be permitted to sell their estates, pay their debts, and commute their goods with all freedom, and that no laws or orders be made to the prejudice of those willing to remove; (3.) that the English may discount to their creditors so much as is owing them from responsible persons remaining in the country; (4.) that his Majesty's ships sent at this or any other time be not limited in their stay to a shorter time than two months, which they conceive to be as little as those affairs may require; (5.) that nothing be done which directly or indirectly may hinder the departure of any of his Majesty's subjects there willing to remove; and that his Majesty's Minister in Holland get duplicates of the States' letter to be sent away before by the advice boat. In Locke's hand, Memorand. This advice was delivered by Mr. Locke to my Lord Arlington 24o March 1673–4. [Col. Entry Bks., No. LXXVII., 61–63, and No. XCIV., 103, 104.]
Mar. 23.
Villiers House.
1250. The Council for Trade and Plantations to Sir Thomas Lynch, Lieut.-Governor of Jamaica. Send enclosed copy of Helyar's petition (see ante, No.. 1236) and his Majesty's reference, and desire by the first opportunity he will send the full state of the case, and particularly whether Mr. Helyar or anybody in his name has had recourse to any of the Courts of justice there for the recovery of the lands mentioned in said petition, and, if so, whether the ordinary course of law has been any way obstructed and justice delayed or refused. Endorsed by John Locke. 1 p. [Col. Papers, Vol. XXXI., No. 25.] See also another copy with Mem. That this letter was delivered by Mr. Locke to Mr. Helyar 24th March 1674. [Col. Entry Bk., No. XXVII., 170.]
Mar. 23 1251. Draught Commission for the Earl of Carlisle, appointed by his Majesty Governor of Jamaica, offered to his Majesty by the Council for Trade and Foreign Plantations. [The name of Lord Vaughan has been inserted beneath the King's title.] James Banister, Thomas Modyford, John Coape, Thomas Freeman, Thomas Ballard, William Ivy, Robert Byndlos, Charles Whitefield, Thomas Fuller, Anthony Collier, Hender Molesworth, and John White, Esquires, appointed of the Council, which is to consist of 12 persons, seven to be a quorum. Vacancies to be certified to his Majesty by the first opportunity, meantime the Governor to fill up the number to nine, and no more, out of the principal freeholders of the island. With power to administer the oaths to each of the Council and Deputy Governor, and to suspend or expel any member of Council. Also with consent of the Council to call general assemblies of the freeholders, according to the custom of the island, whose representatives, duly elected, shall have power, with consent of the Governor and Council, to make laws, as near as may be agreeable to those of England, which shall be of force for two years, and no more, unless confirmed by his Majesty. To exercise a negative voice in the passing of all laws; to dissolve all general or representative assemblies. With consent of the Council, to establish courts of judicature, and appoint judges, justices, sheriffs, and other necessary officers, transmitting copies of all establishments for his Majesty's approval; to pardon offences before or after sentence, treason or wilful murder excepted, in which cases he may grant reprieves till his Majesty's pleasure be known; to present to churches, chapels, and other ecclesiastical benefices; to levy and arm persons under his Government for resisting enemies by land or sea, and transport them to any of his Majesty's Plantations in America for defence of the same from invasion of enemies, and to execute all things which to a captain-general belong. To raise and build cities, boroughs, towns, and fortifications, and arm them, or demolish or dismantle them; to erect a Court of Admiralty, and exercise all powers of a vice-admiral in those seas according to Commission and Instructions from Commissioners for executing the office of Lord High Admiral of England; to grant lands on moderate quitrents, to hold fairs and markets, and appoint ports and havens, custom-houses, warehouses. But not to dispose of any office granted by his Majesty under the great seal. All inhabitants of the island to be obedient to him, and in his absence to the Deputy Governor, who shall exercise all powers hereby granted. In case he shall happen to die or be absent, and there be no Deputy Governor upon the place, the present Council of Jamaica to take upon them the Government and execute this commission. And further his Majesty declares that his commission of 5th January 1671, constituting Sir Thos. Lynch Lieut.-Governor of said island, shall henceforth cease. (Mem. in margin, "this clause was left out.") And lastly to hold office during his Majesty's pleasure. Signed by Earl of Shaftesbury, Richard Lord Gorges, Sir Wm. Hickman, Sir Hump. Winche, H. Slingesby, and Ed. Waller. Corrections by John Locke. 13 pp. [Col. Papers, Vol. XXXI., No. 26; see also Col. Entry Bk., No. XXVII., 171–177.]
Mar. 23. 1252. Draft Instructions for the Earl of Carlisle, Capt.-General and Governor-in-Chief of Jamaica, offered to his Majesty by the Council for Trade and Foreign Plantations. [N.B. The name of Lord Vaughan has also been inserted beneath the King's title.] (1.) To repair with all speed to Jamaica. (2.) Call together the Council, cause his commission to be published. (3.) Administer the oaths to the Council; (4.) and communicate, these his instructions. (5.) The members of said Council to enjoy freedom of debate and vote; and (6.) in choosing them, as also judges, justices, and sheriffs, to take care that they be men of estate and abilities, and not necessitous people, or much in debt. (7.) To prevent arbitrary removals of judges and justices, no limitation of time to be expressed in their commissions. (8.) No members of Council to be judges so long as they serve in the Council. (9.) In case of suspension or expulsion of any member of the Council, the reasons with the charges and proofs and their answers to be forthwith transmitted to his Majesty; (10.) also the names and quality of any put into the Council. (11.) Not to displace any judge, justice, sheriff, or other officer without sufficient cause, or execute himself or by deputy any of said offices, or suffer any person to execute more offices than one by deputy (12.) All officers upon misbehaviour to be by advice of the Council suspended or discharged. (13.) To regulate salaries and fees. (14.) Give encouragement to persons of different opinions in religion to transport themselves thither, to dispense with the oaths of allegiance and supremacy to those bearing any part in the Government, except the members and officers of the Council and all judges and justices, finding some other way of securing their allegiance; and in no other case to suffer any man to be molested in the exercise of his religion, so he be content with a quiet enjoyment thereof, not giving offence or scandal to the Government; but his Majesty obliges him in his own house and family to the profession of the Protestant religion as established in England, and the recommending of it to all others as far as may consist with the peace of the island. (15.) Drunkenness, debauchery, swearing, and blasphemy to be discountenanced and punished, and none to be admitted to public employment whose ill-fame may bring scandal thereon. (16.) No man's life, member, freehold goods, to be taken away or harmed but by established laws not repugnant to those of England. (17.) Copies of all laws now made or hereafter to be made to be transmitted to his Majesty by the first opportunity. (18.) No law to be re-enacted without his Majesty's confirmation except on very urgent occasion, and no such re-enacted law to be enacted again on any occasion. (19.) To take care that all planters and Christian servants be well provided with arms, listed under officers, and mustered and trained for defence of the island. (20.) That these musters and trainings be not an unnecessary impediment to the planters. (21.) To take an inventory of all arms, ammunition, and stores remaining in any of his Majesty's magazines or garrisons in the island, and send account thereof yearly to his Majesty. (22.) To demand an account from Sir Thos. Lynch, how the arms, ammunition, and stores have been disposed of, and for his better information he shall receive an account of what has been issued out of his Majesty's office of Ordnance, and also an account of what has been bought by Sir Thomas with public moneys, and the same to transmit to his Majesty. (23.) To take into his custody the powder, arms, and ammunition sent with him, and agree with the Master of the Ordnance how his Majesty may be reimbursed. (24.) In case of distress in any of his Majesty's Plantations, on application of the Governor thereof to assist with what aid Jamaica can spare. (25.) No Custom to, be laid on goods imported or exported for 14 years from 18th February 1671. (26.) To take care that entries be made of all goods imported and exported, whence and whither, and transmit a yearly account to his Majesty. (27.) Also a yearly account of rates and duties payable on goods imported or exported, and what revenues arise to his Majesty, and to use his best endeavours in their improvement. (28.) To send account of how his Majesty's fifteenths and other duties have been disposed of since Sir Thos. Lynch's taking the government. (29.) To suppress the engrossing of commodities if it tend to the prejudice of freedom of commerce, settling such regulations therein as may be most acceptable to the generality of the inhabitants. (30.) To give encouragement to merchants bringing trade to the island, and in particular to the Royal African Company. (31.) His Majesty willing to recommend to the company that the island have a constant supply of merchantable negroes at moderate rates, to take special care that payment be duly made. (32.) To give account yearly of the yearly supply of negroes and the rates. (33.) Likewise an account of the number of inhabitants, as well masters as servants and slaves, also a yearly account of their increase or decrease, and how many are fit to bear arms in the militia. (34.) With consent of his Council to appoint convenient markets and fairs. (35.) Cause a survey to be taken of all considerable landing-places and harbours, and erect necessary fortifications at the public charge there. (35.) And whereas in his instructions to Sir Thomas Modyford and Sir Thos. Lynch, his Majesty was pleased to suspend the setting apart of 400,000 acres of land for his royal revenue, before anything be done further therein to inform himself what lands there are yet undisposed of, and to inform his Majesty whether it may be necessary to continue that suspension or not, and if he find no reason, then to set apart and dispose of for his Majesty's best profit such lands as he shall think fit. (37.) To forbear taking advantage of any penalties or forfeitures against any of the present planters or inhabitants, for not manuring or planting their lands according to the times limited, till he hath represented the true state of that affair to his Majesty. (38.) To contrive that plantations be near together, that the sea coast be first planted, and, when there is opportunity that the planters build near together. (39.) That the wild cattle, horses, hogs, and sheep be preserved; to prohibit or license hunters as shall be judged requisite. (40.) Also to encourage the improvement of cacao walks, the plantation of sugars and indigo, the planting and curing of vanillas, and the repairing of the houses in St. Jago. (41.) All servants coming or transported to Jamaica to serve their masters four years, and every person transporting servants, for every such servant to have 30 acres of land, and every servant at the end of his term to have 30 acres of land. (42.) for better administration of justice, to endeavour to pass a law to set the value of men's estates under which they shall not be capable of serving as jurors. (43.) To give account from time to time of the wants and defects of the island, and its chief products and industries. (44.) The strength of its bordering neighbours by sea and land, and what correspondence is kept with them. (45.) Carefully to observe all the articles of the peace of Madrid, 8–18th July 1670. (46.) In case of injuries done to any of his Majesty's subjects by any of those of the King of Spain, to give account with all speed, and not permit reparation to be sought in any other way that is agreed in said articles. (47.) Anything for the advantage or security of the island which is not herein provided for, with the advice of Council to take present order for, giving his Majesty natice; (48.) provided he do not declare war without his Majesty's particular command. Signed by the Earl of Shaftesbury, and five others as in above Commission. 18 pp. [Col. Papers, Vol. XXXI, No. 27.]
March 23. 1253. Copy of preceding. With marginal note. N.B. It appears by the first paragraph of the 35th page of the 1st Volume of Entries relating to Jamaica (called in the stile of the office the rough books) that this Commission (and Instructions) did not take place according to its date, his Lordship not being in reality Governor of Jamaica till 1678. [Col. Entry Bk., No. XXVII., 177–185.]
March 23. 1254. Draft Commission for Colonel Morgan, appointed by his Majesty Deputy Governor of Jamaica, during pleasure, and Commander-in-Chief within said island. With the same powers in the absence or disability of the Governor, as said Governor has granted to him, and all powers, dignities, profits and advantages to the place of Deputy Governor belonging. Endorsed, "March 167 3/4." 1 1/2 pp. [Col. Papers, Vol. XXXI., No. 28; see also Col. Entry Bk., No. XXVII., 185, 186.]
March 23. 1255. Draft Instructions for Colonel Morgan, Deputy Governor of Jamaica, offered to his Majesty by the Council for Trade and Foreign Plantations. (1.) With all convenient speed to repair to Jamaica; and (2.) in the absence of the Governor-in-Chief to call together the Council and cause his Commission as well as that of the Governor-in-Chief to be solemnly published, and to take the oaths of allegiance and supremacy, and an oath for the due execution of his office. (3.) In the absence of the Governor to do such things as, by his Majesty's instructions, said Governor is authorised to do. With Mem. That Mr. Locke delivered the foregoing drafts of Commissions and Instructions for the Earl of Carlisle and Colonel Morgan sealed to Mr. Bridgeman for the Earl of Arlington. 27th March 1674. 1 p. [Col. Entry Bk., No. XXVII., 189.]
March 23
Whitehall.
1256. Humble thanks and supplications of the Deputy Governor, Council and Representatives of St. Christopher's to the King. Acknowledge his Majesty's manifold favours in restoring their estates, redeeming them out of the power of their enemies, continuing at great charge two companies of soldiers, furnishing them with cannon ammunition and other necessaries of war, taking off the duty of 4 1/2 per cent. for some time, and placing over them a person of so much worth as their present General; and being doubly his Majesty's subjects, not only by national duty and allegiance, but by redemption, they implore his Majesty to continue his favours and to take into consideration a very powerful attempt lately made by a fleet of Duch men-of-war against them where it pleased God to assist them in a successful defence, and that they of all his subjects in America are most liable to attempts not only from abroad, but by being mixed with foreign nations at home, do not move more for their own safeties than for his Majesty's honour, this island being the first of the Caribbees that was settled under his Majesty's authority. Signed by Wm. Willet, Hen. Crooke, John Estridge, John Crooke and Roger Elrington of the Council, and Robert Cave, Rich. Bespich, Rich. Warner, and nine others of the Assemly Underwritten is a reference from the King to the Council for Trade and Plantations to report what they think fit to be done when his Majesty will declare his further pleasure. Whitehall, 1674, March 23. [Col. Entry Bk., XCIV., 84–85.]
March 26 1257. Petition of the Representatives of the islands of St. Christopher's, Nevis, Montserrat, and Antigua to the King. That newly breathing from the hard pressures of the late war, petitioners last year laded 100 sail of ships for England, which blooming hopes were this year blasted for want of ships to transport their commodities; which petitioners impute only to the timorousness of the merchants to adventure their ships in these dangerous times of war without some provision for their defence, many having this year been surprised by Dutch privateers, which, by reason of his Majesty's ships lying at Barbadoes, were driven down to Leeward. Pray his Majesty for this year to spare them a small frigate or two to convoy the merchantmen and scour the coast; and further to give encouragement to merchants to bring what white people may be spared, that they may be enabled to stand in the balance with their powerful neighbours, who are yearly supplied with four or five good ships of war to their great encouragement; and especially that his Majesty would lay an injunction on the African Company to send them some considerable quantity of negroes in respect of the great quantity of unsettled land for whose good payment and honest entertainment they are ready to engage their estates and fortunes. Humbly thank his Majesty for accepting them into his protection by Lord Fras. Willoughby's Act of the 4 1/2 per cent., which they request may be continued in the full and due tenor thereof, and that the seal lost by their former General may be renewed to their present General Wm. Stapleton, whose worth commands their pens to supplicate for his continuance; but what raises their hearts "to an (o altitudo), is that his Majesty has left his proffer of farming that impost. Pray his Majesty to lend a favourable ear to their agent, who has full instructions to attend his Majesty's Commissioners. Signed by John Estridge, The. Loverawne, Walter Symonds, Jno. Nethway, Anth. Hodges, and John Bramley. Underwritten is a Reference to the Council for Trade and Plantations to report what they think fit to be done when his Majesty will declare his further pleasure. Whitehall, 1674, March 26. Endorsed by John Locke Leeward Islands, Petition 26 March 1674, and in another hand brought to the Council the 3rd of April 1674 by Mr. Slingsby." 2 pp. [Col. Papers, Vol. XXXI., No. 29; see also Col. Entry Bk., No. XCIV., 81–83.]
Mar. 31.
Whitehall.
1258. Warrant to the Attorney-General. To prepare a Bill containing a Commission to John Lord Vaughan to be Governor of Jamaica. Being the Draft Commission to the Earl of Carlisle (Lord Vaughan) (see ante, No. 1251); but the name of Thomas Freeman is omitted from the list of the Council, and a blank left. 8 pp. [Col. Entry Bk., No. XCIII., fo. 99–102.]