America and West Indies
March 1661

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Institute of Historical Research

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W. Noel Sainsbury (editor)

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1880

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14-21

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'America and West Indies: March 1661', Calendar of State Papers Colonial, America and West Indies, Volume 5: 1661-1668 (1880), pp. 14-21. URL: http://www.british-history.ac.uk/report.aspx?compid=76437 Date accessed: 30 July 2014.


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March 1661

[Mar. 1.] 39. Petition of Planters of Barbadoes inhabiting in and about London, to the King.—Whilst petitioners were endeavouring to lay before His Majesty some disadvantages that arose in Barbadoes by the Patent of the Earl of Carlisle, and praying either for no change of Governor or a disinterested person to be appointed, and were addressing certain proposals to the Lord Treasurer, letters from His Majesty were procured which have removed the Governor and given countenance to some settlement intended by Lord Willoughby, which tends much to the grief of petitioners and many of the ablest planters. Having stated to the Lords Chancellor and Treasurer the illegality of the Earl of Carlisle's Patent, and the advantage to His Majesty in sovereignty and revenue, in case the Planters have an immediate dependence on His Majesty, petitioners pray that fresh letters may be sent to Barbadoes, intimating His Majesty's resolution of taking the Plantations in America, and particularly Barbadoes, into a more immediate dependence on the Crown ; what the Crown will do for them ; and what it expects from them. Petitioners are confident that if no such despatch speedily be made the present power may be so made use of as many of the best planters may be forced to withdraw. Signed by Peter Lear, And. Riccard, Richard Batson, Jno. Colleton, Wm. Williams, Thos. Middleton, Martin Noell, Tobias Frere, Thomas Kendall, John Roberts, Will. Chamberlaine, Jona. Andrewes, & Thos. Parris. Indorsed : Read in Council, Mar. 1, 1660-1. 1 p. [Col. Papers, Vol. XV., No. 25.]
March? 40. Petition of the Planters, merchants, and traders to Barbadoes to the King.—Petitions by reason the laws for the recovery of debts in Barbadoes have not been fully put in execution through the want of knowledge of former Governors, have very much suffered, and forasmuch as the present Governor, Col. Thos. Modyford is by profession a lawyer, and "full of justice and ability," that he may be continued in the Government until His Majesty has had some further trial of him. Signed by Jon. Keate, Knt. ; And. Riccard, Knt. ; Hen. Batson ; Tho. Overall ; Jno. Berwick ; Tho. Frere ; Jno. Pemell ; Jona. Andrewes ; Seth Rowley ; Wm. Beale ; George Keate ; Wm. Williams ; Rich. Batson ; Tho. Middleton ; Tobias Frere ; Da. Skynner ; and Ri. King. [Col. Papers, Vol. XV., No. 26.]
1661? 41. Reasons of the Commissioners appointed by the Governor Council, and Assembly of Barbadoes against holding any treaty with Lord Willoughby upon his designs and propasals until they receive direction from some noble persons in the King's interest how to proceed therein. They have been entrusted with an Address to the King on his most happy and blessed restoration, and desire immediate protection against any proprietary claim, for which purpose they have been advised to commence a suit by scire facias to overthrow Lord Willoughby's claim. The Governor's interest in the island and the state of both parties for and against. It is complained that a petition is set on foot by several seamen and other inconsiderable persons praying that Lord Willoughby may be sent over as Governor. Annexed,
Names of persons improper for the Council of Plantations [sic? Barbadoes] and fit to be put out : Wil. Glascock, Wm. Watts, and Alex. Howe. Those fit to be added—John Lewes, Thos. Middleton, and John Jeffreys, of great experience and interest in several plantations and of clear reputation. Together 2 pp. [Col. Papers, Vol. XV., Nos. 27, 28.]
March 4.
Inner Court of Wards.
42. Minutes of the Council for Foreign Plantations. Capt. Breedon and Messrs. Godfrey, Gifford, and Mavericke to attend on the 11th inst., with such papers and writings as together with their own particular knowledge may give information of the present condition and government of the several Colonies commonly known by the name of New England. Mr. Bonnell to attend the Sec. of State about his petition touching the transport of men and goods for Jamaica. ¾ p. [Col. Papers, Vol. XIV., No. 59, p. 22.]
March 4. 43. Copy of preceding. [Col. Papers, Vol. XV., No. 29.]
March 8.
Whitehall.
44. Order of the Privy Council on petition of Charles St. Stephen, Lord de Latour, Baronet of Nova Scotia, Thomas Temple, and William Crowne, concerning their right in Nova Scotia ; directing said petition to be referred to the Committee formerly appointed to consider some matters in relation to Nova Scotia. See Vol. XIV., No. 64. I., Cal. pp. 496, 497. 4½ p. [Col. Entry Bk., Vol. LX., p. 15.]
[March 11.] 45. Capt. Thos. Breedon to the Council for Foreign Plantations. Relation of the state of affairs in New England at his coming from thence in 1660. Having been summoned to appear before the Council this 11th of March 1661 to give information of the condition and Government of the several colonies of New England, he herewith presents in the first place the book of laws of the Massachusetts Colony, whereby they will understand the Government better than himself, which they assert to be by patent from the King, which patent he never saw, therefore cannot tell how agreeable to their patent they act. The distinction between freemen and non-freemen, members and non-members, is as famous as Cavaliers and Roundheads was in England, and will shortly become as odious. The grievances of the non-members, who are really for the King, and also some of the members, are very many. A gentleman not many years ago, supposed to be the King, was apprehended and would have been sent to England, had not Sir Henry Moody and others better known His Majesty. They look on themselves as a free state, sat in Council in December last a week before they could agree in writing to His Majesty, there being so many against owning the King or having any dependence on England. Has not seen their petition, but questions their allegiance to the King, because they have not proclaimed him, they do not act in his name, and they do not give the oath of allegiance, but force an oath of fidelity to themselves and their Government, as in Book of Laws, pp. 62 63, 68, and 84. For his conduct to Whalley and Goffe, who came to New England under the names of Richardson and Stephenson, and who he commanded to appear before the Governor, he was called a malignant, and the Marshal-General abused him, "grinning in my face speak against Whalley and Goffe if ye dare, if ye dare, if ye dare." The Act of Parliament and the King's Proclamation villified by the Deputy Governor. None but freemen who take the oath of fidelity are capable of bearing office in military or civil affairs, yet two-thirds of the soldiers are non-freemen, who, he is confident, would be glad to have officers with the King's commission, and desire a Governor from the King ; others fear it, and say they will die before they will lose their liberties and privileges, "by which it may appear how difficult it is to reconcile Monarchy and Independency." Refers to the laws against the King's interests ; these laws contrary to the laws of England. Necessity for speedily settling this country in due obedience and subjection to the King. The two Hectors, Whalley and Goffe, daily buzzing in their ears a change of Government. Multitudes of discontented persons of their gang sending their estates thither ; the bad effects that will follow. The French and Dutch trade to the English Plantations very much to the prejudice of England, and the loss of many thousands of pounds yearly to His Majesty's customs. "This was given in by Capt. Thomas Breedon." 3 p. Printed in New York documents, III., 39-41. [Col. Papers, Vol. XV., No. 30 ; also another copy, Vol. XV., No. 31, pp. 5-7.]
March 11.
Inner Court of Wards.
46. Minutes of the Council for Foreign Plantations. The Council having heard some informations concerning the condition and government of New England, Capt. Breedon and Messrs. Godfrey and Gifford are again requested to attend on the 14th inst., as also Mr. Mavericke, Capt. Leveret, Thos. Bell, and Mr. Wollnough. ½ p. [Col. Papers, Vol. XIV., No. 59, p. 22.]
March 13. 47. Minutes of the Council of Barbadoes. The King's Proclamation prohibiting unlawful and seditious meetings and conventicles, under pretence of religious worship, to be published in St. Michael's. Being asked by the President and Council to consent to the levying of the 2 and 4 per cent. granted to Lord Willoughby during the tenure of his lease, and to the Earl of Carlisle and his heirs for ever, when the Island was under the King's obedience, the Assembly in their answers signed by Geo. Thornburgh, Clerk of the Assembly, desire a respite until it be determined in England, in whom the proprietorship now is. Two Committees to be appointed, for the Windward and Leeward Precincts, to revise the Statute Books, and Coll. Ellice's Books of Collections, and present them to the Council and Assembly. The Council Books also to be sent to the Windward Committee, for the expunging of any matters contrary to the King's right or dignity. 2½ pp. [Col. Entry Bk., Vol. XI., pp. 42-44.]
March 14.
Inner Court of Wards.
48. Minutes of the Council for Foreign Plantations.—Messrs. Bell and Wollnough to be discharged from further attendance on the Council, but Capts. Breedon and Leveret, and Messrs. Godfrey, Gifford, and Mavericke to attend on the 18th, and Capt. Leveret to bring the copy of the patent for New England which he acknowledges to have. ½ p. [Col. Papers, Vol. XIV., No. 59, p. 23.]
1661? 49. Petition of divers persons who have been sufferers in New England on behalf of themselves and thousands there to the Council for Foreign Plantations. Through the tyranny and oppression of of those in power there, multitudes of the King's subjects have been most unjustly and grievously oppressed contrary to their own laws and the laws of England, imprisoned, fined, fettered, whipt, and further punished by cutting off their ears, branding the face, their estates seized and themselves banished the country. They would willingly petition the King for relief but dare not knowing the danger, should not his Majesty own them they would be for ever undone by that power that assumes the privilege of a free State which makes and breaks laws at pleasure. Pray that they may be owned and their oppressions relieved, that the law of England may be established amongst them and a Governor in general appointed over them, or what else their Lordships shall think fit. Signed by John Gifford, Archibald Henderson Edw. Chapman, James Bate, Henry Wilson, Robert Seymor, Edward Godfree, Theophilus Salter, John Dand, George Baxter, John Baker, Arch. Crowder, and John Baxe. 1 p. [Col. Papers, Vol. XV., No. 31, p. 1.]
50. Petition of Lyonell Copley, Thomas Foley, Thos. Pury, Nicholas Bond, John Pocock, Wm. Heycock, John Beex, Wm. Greenhill, Geo. Sherpuls, and Wm. Beck on behalf of themselves and other merchants adventurers in the iron-works in New England to the Council for Foreign Plantations. Above 10 years since they erected sundry iron-works there at a cost of 15,000l., and left John Gifford and Wm. Avery to manage same. For supposed debts the petitioners, estates were seized and their agents imprisoned. About three years since the petitioners dispatched an agent to implore the common justice of the country, which they were so far from obtaining that their estates are still witheld even by some of the Judges themselves so that petitioners are without hope of remedy. Pray for relief. 1 p. [Col. Papers, Vol. XV., No. 31, p. 2.]
51. Petition of Archibald Henderson to the Council for Foreign Plantations. Through injuries offered him by the Government and Planters of New England he was endamaged to the value of 800l. as by the annexed paper may appear. Prays for satisfaction from said country as the Council think fit and appertains to justice. Annexed,
1. State of the injurious usages of those of New England towards Archibald Henderson. He arrived at Boston from Barbadoes in May 1652 being enforced thence after it was surrendered to Sir Geo. Ayscue. Ignorant of their laws, which in several particulars are contrary to the laws of England, he had been walking in the street half an hour after sunset one Saturday when a constable entered his lodging, dragged him downstairs by the hair of his head, beating his head against the stairs, stripped him of his purse and clothes and carried him as a dead man to prison. Recites the charges and proceedings against him, Capt. John Leverett, as Attorney-General prosecuting. His petition to Governor Endecott for redress, the stay and loss of his ship bound for Barbadoes in consequence, his fines, charges of Court, payment of his ship's company. and damage to his goods amount to 800l. Together 4 pp. [Col. Papers, Vol. XV., No. 31, pp. 2-4.]
52. Petition of Gyles Sylvester, merchant, on behalf of himself and other inhabitants of Shelter Island, near the Colony of New Haven in New England, to the Council for Foreign Plantations. That Charles I. by letters patent granted Shelter Island to Lord Sterling, who employed an agent to purchase from the Indians their right and title therein, and who continued in possession thereof for several years. For want of supplies the island was sold to Stephen Goodyere, then Deputy Governor of New Haven, who in 1651 sold it to Col. Thos. Middleton, who with his partners, at great charges, settled a plantation on said island, under whom petitioners claim their interest. The Government of New Haven, because of petitioner's refusal to yield obedience, have laid violent hands on the inhabitants of said plantation, have seized and confiscated all estates they could find, and most wrongfully detain about 3,000 acres of very good land upon Long Island, which the petitioners lawfully purchased of the Indian king of those parts. Pray that they may be restored to their lands and goods and receive satisfaction from the Government of New Haven for the insupportable injuries they have received, and be preserved from like outrages until the King be pleased to settle the government of those parts. 1 p. [Col. Papers, Vol. XV., No. 31, p. 5.]
1661. March 14. 53. Letter and information of Edward Godfrey, sometime Governor of the Province of Maine. In reference to Capt. John Leveret, agent for the Massachusetts. To consider his acting there in subjugating the eastern parts in New England presumptuously and audaciously without any power from England, as by Jo. Baker's deposition and other papers Godfrey can show. After three years spent there in vain for redress, Godfrey came for England, showed Capt. Leveret his papers and complaints, but stayed two years without any answer. Then he got a reference from O[liver] P[rotector], but nothing effected, then one from R[ichard] P[rotector], when Leveret acted for and acknowledged himself to be agent for the Massachusetts. In this reference now of Mason and Godfrey's, though at first he refused [to act as agent], yet a process being fixed on the Exchange, he made an excuse. After he sent a letter with one from the Court [of the Massachusetts] accusing receipt of their petition, which answer is most unjust and untrue, as by sundry depositions may appear. Capt. Leveret presented the country's addresses to the King. As touching New England, Godfrey has known the country from the first discovery ; he lost his nearest relations, slain by the Indians, and has faithfully served the country 25 years ; his only son transported his wife and family there, and now hearing of Godfrey's ruin abides here to present these few lines. He always said that Piscattaqua River and the Province of Maine were of more concernment to the King for trade, present and future, and discovery of the country, than all New England besides, and other reasons as by the maps may appear. Whether it be not fitting, that a general Governor should go. The jurisdiction of those eastern parts may not be regulated by commission as formerly 30 years [ago] without complaint there or here, nor never questioned till 1652. Boston would be a free state. His reasons. The Commissioners formerly and now living are Capt. Henry Jocelyn, Capt. Fran. Champernowne, Thos. Jordan, an orthodox Dean for the Church of England and of great parts and estate. John Gifford goes this year, Joseph Mason is there for Godfrey, who is too old to act, yet Oliver Godfrey, his son and grandchild, being well versed in the country, will assist to the uttermost. Indorsed, "The information of Mr. Edward Godfrey, sometime Governor of the Province of Maine, concerning the consequence of that Province and the usurpation of the Bostoners." 2 pp. [Col. Papers, Vol. XV., No. 32.]
March 18.
Inner Court of Wards.
54. Minutes of the Council for Foreign Plantations. Mr. Froude to move the Lord Treasurer for expediting the payment of 500l. remaining unpaid of the money ordered to Sir James Drax for the brandy wine [sic] shipped and sent for Jamaica. Messrs. Denham, Waller, Povey, and Noell to draw up a letter for New England like those sent to Barbadoes and Virginia, but with such alterations as they shall think suitable to the condition of the place ; the direction to be left to the King. ½ p. [Col. Papers, Vol. XIV., No. 59, p. 23.]
March 19. 55. — to Henry Hobbes, Barnstaple. As for New England, though he has not yet altogether layd aside all thought of it, yet hardly thinks he shall go this summer, and whenever he goes it will not be so much the desire to see his father and friends there, though he is not without natural affection to them, as mere necessity that shall drive him away. Neither is he for leaving the land till all means possible have been tried for their liberty, and till the cause and truth of God, which they profess, have been more witnessed to by suffering, which the writer prays Hobbes to acquaint Mr. Bartlet withal, and to send word whether it was the father or son who spake to him concerning New England, for he purposes to write about it. [Extract from Dom. Chas. II., Vol. XXXII., No. 113, Cal., p. 540.]
March 25.
Inner Court of Wards.
56. Minutes of the Council for Foreign Plantations. Mr. Froude to speak with the officers of the Receipt of the Exchequer to expedite the payment of 500l. due to Sir James Drax for brandy sent to Jamaica. Letter drawn up by Mr. Povey and the rest of the Committee for New England to be engrossed, and said Committee to report on the several petitions and declarations concerning New England, that it may be presented to the King. Lord Berkeley, who presented Mr. Cleyton's proposals for transporting 1,000 able men to Jamaica, to desire Cleyton to attend on the 1st April. 200l. to be paid to Mr. Froude, Secretary, towards his charges. ½ p. [Col. Papers, Vol. XIV., No. 59, p. 24.]
March 26.
H.M.S. Convertive, Plymouth Sound.
57. Thos. Wilkes to the Commissioners of his Majesty's Navy. Set sail from Jamaica on Jan. 23rd last, and is wanting victuals. Sends by post the packet of Lieut.-General D'Oyley, who, with all the people of the island, is in health. The place prospers with plenty of all things, and many resort thither from the Windward Isles, but his Majesty's protection, commission, and laws are much wanted, especially by the soberest sort of people, for the others are ready to mutiny. 1 p. [Col. Papers, Vol. XV., No. 33.]
March 28. 58. Copy of petition of John Clarke to the King, and inclosure [see ante, No. 18]. Indorsed, Rec. from Mr. Sec. Nicholas the 28th of March 1661, with directions from his Majesty that it be read at the next sitting in Council. 2 pp. [Col. Papers, Vol. XV., No. 34.]
March 28. 59. John Clarke to the King. Humble and hearty thanks of the Colony of Rhode Island and Providence Plantations for the late grant bestowed upon them. Awaits the King's commands, being about to return to those parts. 1 p. [Col. Papers, Vol. XV., No. 35.]
March 29.
Barbadoes.
60. Col. Humphrey Walrond to [Sec. Sir Edward Nicholas]. Is emboldened by the reception of the late address of himself and the Council, begging the recall of the King's late patents with regard to Barbadoes, and that whatever the King might do with the Earl of Carlisle's patent he would "not interest himself in each little office here, as to grant immediate commissions from England," but leave them to the disposal of the Governor, and the consent of the country, as used to be the custom, "till treason by the treachery of Col. Modyford and his party found a way to tyrannize over us." Hears that Mr. Kendall and Mr. Colleton, to oppose Lord Willoughby, are offering in the name of the Council four per cent. on all commodities to be paid to his Majesty if he will take into his hand the Earl of Carlisle's interest, and appoint Col. Modyford Governor. Entreats he will acquaint the King that these gentlemen have no power from them to act so ; that the assumption of the Earl's patent by the King would give great satisfaction if he will not exact more than the Earl did, for so the people of Barbadoes would suffer an undeserved loss, as they were the first to proclaim his present Majesty immediately upon the news of their late dread Sovereign's horrid murder, and should have defended the island under Lord Willoughby had not Col. Modyford betrayed them. None would be more acceptable as Governor than Lord Willoughby. Should Col. Modyford be appointed "it would be no little discouragement to those who forfeited their lives and fortunes by a constant loyalty ;" his treachery in betraying the island to the usurper and his persecution of royalists ever since, has rendered him odious to all honest people. Prays these evils may be averted from them. If further information in their affairs is desired it will be given by Mr. John Walrond. Indorsed, Received 25th May. 2 pp. [Col. Papers, Vol. XV., No. 36.]
March? 61. Col. Edward D'Oyley, Governor of Jamaica, to his kinsman, Sec. Nicholas. Has impatiently expected orders from his Majesty, how to carry himself in this great and happy change, but in their absence has pursued his former instructions. Received on 4th of February last from the Governor of St. Jago upon Cuba, a letter with an order from Sir Henry Bennet, his Majesty's Resident in Spain, for a cessation of arms, and with it about 30 prisoners. Has issued an order for the cessation. Saw a proclamation of peace with Spain in print on 9th February ; that very day the soldiers brought in 100 negroes from the mountains, being the last of 2,000 who had infested them since their arrival. This put him to another stand, for the negroes were the prize of the soldiers, who receive no pay, and know his want of authority ; whereupon he called a council of war, who adjudged that the Proclamation did not concern this side of the line, and if it did restitution might be made. Judged it therefore safest to let them alone, having already, by the order for cessation, sufficiently enraged the populacy, who live only upon spoil and depredations, and whom nothing but strict law and severe justice can keep in obedience. Hopes Nicholas has received his letter of the 11th September last. Indorsed, "Rd. 21 Junii 1661, brought by Mr. Bird." 1¼ pp. [Col. Papers, Vol. XV., No. 37.]
1661? 62. Petition of Cecil Lord Baltemore to the King. Recites his former petition, and the proceedings thereon [see Col. Papers, Vol. XIV., No. 9, calendared in Vol. I., pp. 481-2], with his Majesty's order (of 20th March 1660/1) to restore petitioner to his possession and rights in Newfoundland, but that he hath yet no satisfaction for the great damage done him by Sir David Kirke and others in dispossessing petitioner of his house, goods, and rights in the province of Avalon, and keeping him out of possession many years, to his prejudice of above 20,000l. sterling, for which damages petitioner sued said Sir David Kirke at his first return thence into England about ten years since, and laid him in prison, where he died before making any satisfaction to petitioner. That nevertheless Sir Lewis Kirke claims satisfaction for the charges wrongfully bestowed by his brother upon said province to petitioner's prejudice. Prays that persons may be appointed to examine petitioner's claim for damages and some order be given for his satisfaction. With reference, supposed to belong to this petition, to Sir Heneage Finch, Sir James Ware, and Sir Maurice Eustace, for their examination and report. [Col. Papers, Vol. XV., No. 38.]