America and West Indies
June 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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35-42

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'America and West Indies: June 1661', Calendar of State Papers Colonial, America and West Indies, Volume 5: 1661-1668 (1880), pp. 35-42. URL: http://www.british-history.ac.uk/report.aspx?compid=76440 Date accessed: 26 October 2014.


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Contents

June 1661

June 3.
Inner Court of Wards.
101. Minutes of the Council for Foreign Plantations. Petition of Barker and a paper of reasons annexed, also another paper of proposals formerly presented by Col. Tuke being debated, a Committee is appointed to consider of the best ways of encouraging and furnishing people for the Plantations, and how felons condemned to death for small offences and single persons, men and women, found to be sturdy beggars, may be disposed of for that use, and to consider of an office of registry for same, and for the preventing of stealing of men, women, or children from their masters and parents ; and that the justices of the peace may be empowered at the general sessions or assizes to dispose of loose and disorderly people for the supply of the Foreign Plantations. Petition of the Earl of Sterling touching part of New England and Long Island referred by the King is read, and the Earl of Sterling ordered to attend on Monday next to make good his petition. ¾ p. [Col. Papers, Vol. XIV., No. 59, pp. 30, 31.]
June 5. 102. Petition of the General Court of New Plymouth to the King. They present themselves and their address in all humility for the King's gracious protection, and the confirmation of their religious and civil liberties and privileges conferred by patent by his Royal grandfather (who well knew the ends his servants aimed at in their transplantation), and since further enlarged by his most illustrious father to them the first colony of his Majesty's subjects in New England, "who did hither transport ourselves to serve our God with a pure conscience, according to His will revealed, not a three days journey as Moses, but near three thousand miles into a vast howling wilderness, inhabited only by barbarians," yet part of the King's dominion, which they chose rather than live under a foreign state, where yet they had liberty of conscience. They willingly overlooked all difficulties and discouragements, and through many hardships have lost many of their dearest relations, the living scarcely able to bury their dead, yet not without hopes that God might make them stepping stones for others more fit for such a work. In forty years they have made a wild wilderness a peaceable habitation, a barren in some measure fruitful, a desert sowed with the seed of man and beast, and all this in peace with the enjoyment of gospel liberties, which enjoyment "is our penny at first propounded, more than this we crave not with like solicitousness. This will content us without murmuring, though we have borne the heat of the day ; less than this we cannot with comfort live upon," which if his Majesty confirm as his Royal pregenitors have, "we say with him it is enough our Joseph (or rather) our Charles is yet alive." Original signed by Thos. Prence, Governor, in the name and with the consent of the General Court. Indorsed, Received in Council 6th March 1661-2. [Col. Papers, Vol. XV., No. 61.]
June 11.
Inner Court of Wards.
103. Minutes of the Council for Foreign Plantations. Every member of this Council is desired to bring in the best information he can of the condition of Jamaica, on Monday next, and to request any persons they may know lately come from thence to be then present. [Col. Papers, Vol. XIV., No. 59, p. 31].
[June 14.] 104. Petition of 17 poor widows and soldiers' wives to the King and Council. By the death and absence of their husbands in Jamaica, petitioners and their children have been reduced to a most deplorable condition, having never received any pension or other relief, though they have been long and earnest suitors, to their great charge and expense. Pray to be partakers of such relief as is intended to poor widows and others at the Savoy, or some other relief. Indorsed, Received June 14, Read June 26, 1661. 1 p. [Col. Papers, Vol. XV., No. 62.]
June 14. 105. Richd. Whiting, captain of the Diamond, to the Navy Commissioners. Has arrived safely at Jamaica, where he anchored the 29th of May, expecting daily orders from the Governor here ; all in good condition in the ship ; not one of the company hath been lost. Will not fail from time to time to advertise their Honours of his proceedings in these parts whensoever opportunity shall be offered. [Dom. Chas. II., Vol. XXXVII., No. 53, Cal., p. 8.]
June 14.
Jamaica.
106. Narrative of the buying and forfeiture of a shipload of negroes. On June 14, 1661, Col. D'Oyley, then Governor of Jamaica, received into the harbour of Cagway a Dutch ship laden with 180 negroes ; and being desirous to make a profit for himself out of them, called the Council and urged them to vote a trade with the Dutchman, though contrary to the Act of Parliament, saying that the negroes were much needed, and that the only penalty was his loss of office, which he had virtually lost already ; but, grateful for his Majesty's favour, the Council refused to infringe the Act, which so enraged the Governor that he told the Council they refused because they themselves were poor and could not buy, but, however, he would forthwith buy them all, which he did within two or three hours. Whiting, commander of his Majesty's frigate Diamond, seized said ship ; but the Governor made "rescue and retrivall," and sold 40 of the negroes to Major John Coape, a Quaker and ancient rebel, and the rest, at great price, to a Spanish ship, to which he also gave a safe-conduct. For this the Council called him in question, and desired to know by what power or reason of state he had acted, to which he replied that he brooked not such interrogatories, that he could not forget he had been a General, though it was for the rebels, that Captain Whiting's commission was not in force where Governor D'Oyley commanded, and that he was not accountable to the Council, but would answer to his Majesty at home. 2 p. [Col. Papers, Vol. XV., No. 63.]
June 17. 107. Minutes of the Council for Foreign Plantations. Report to be presented to the King that it is the humble opinion of this Council that the soldiers in Jamaica, reserving 200 men in pay, forthwith become planters, each private soldier to have an allotment of 50 acres, and an increase to officers, a colonel to have 500 acres ; also 30 acres to be allotted to each man's wife or servant above the age of 14. Such soldier planters to reserve their arms ; Jamaica to be exempted for seven years from paying custom on any commodity except sugar, tobacco, cotton, and indigo. Also, as a further encouragement, that all born, or to be born, of English parents, and their children in any of the Foreign Plantations, to be declared by Act of Parliament to be naturalised to all intents and purposes whatsoever. Petitions of Lord Sterling, B. de Caseres, and others, also the representation of the Quakers to be considered on Monday next. 1 p. [Col. Papers, Vol. XIV., No. 59, pp. 31, 32.]
June 18.
Point Cagua. [Jamaica].
108. Orders of the Governor and Council of Jamaica. Present : Edward D'Oyley, Governor and President ; Colonels Samuel Barry, Philip Ward, and Richard Wilbraham ; Lieut.-Col. Henry Archbold ; Majors Thomas Fairfax and John Coape ; Secretary Richard Povey ; and Captains William Valet, Thomas Ballard, Cornelius Burroughs, John Harrington, and Humphrey Groves. That there be two courts of judicature, one to be held at Port Morant, and the other at Point Cagua, and another at St. Jago de la Vega. Times of meeting. Each man of the Council to be a justice of the peace, who shall choose three or more constables. All hunters to be called in within one month, and no one permitted to hunt, or kill cattle, or keep a gang of dogs, unless he have ten acres of land planted, and has a license. No person to kill wild horses or any wild cattle. That no brandy be sold or bought before the King's brandy is disposed of, and that sugar shall pass at 25s. per cwt., cocoa at 4d. per lb., and tobacco at 4d. per lb. That merchants shall not sell a less quantity of brandy than 10 gallons, of Spanish wine than a ¼ cask, or of French wine than a hogshead on penalty of forfeiture to the informer. The impost for wine to be 2l. per pipe, brandy 6d. per gall., beer 1l. per tun, and other cargoes 1s. per ton. No one shall penn horses without licence. Major Hope to be a justice of peace in his quarter. No hired servant shall leave his service without a fortnight's notice. That Mr. Coveney be referred to Major Coape and his officers, to provide a maintenance for him. That Capt. Burroughs and Mr. Povey see what can be raised on the Point for Mr. John's, and report thereon. That every officer coming to the Point repair to the General, to know when the Council sits, which shall be once a fortnight. Every justice of peace on the Point to send word to the Governor who he thinks fit to be licensed to sell drink. Ensign Hodskins to be surveyor and sealer of merchants' commodities and allowed 2 per cent. for the same. That the inferior officers of Guinaboa have sole licence to pen horses on that side of the water, which are to be sold in "overt market" within a week of their capture, at not more than 40s. a head. No one to be employed with a boat or wherry without licence. Col. Wilbraham, Capt. Burroughs, and Mr. Povey, to report how a maintenance may be raised for the Government and other public charges, which they effected as follows :—
600 pipes of wine imported per ann., at 2l. - 1,200l.
10,000 gall. brandy " " at 6d. - 250l.
100 tuns beer " " at 1l. - 100l.
20 ships (say) " " at 1s. per ton 100l.
1,650l.
To be disposed of as follows, vizt. : 800l. to the Governor, 200l. to a prison, 200l. to the judges, 80l. for a storehouse and other charges, 150l. to a church and court-house, 150l. for contingencies, and 60l. for a court-house and prison at Port Morant. That for every special court the parties concerned shall pay 5l. besides court fees. That the vote concerning the advance of money be suspended for a month. And that inferior officers under Major Fairfax have the Cocoa walk after this crop be in. 5 pp. [Col. Entry Bk., No. 34, pp. 1-5].
June 18. 109. Copy of the preceding orders of the Governor and Council of Jamaica. [Col. Entry Bk., No. 37, pp. 1, 2.]
June 18.
to end of 1663.
110. Acts passed in the island of Jamaica, viz. :—For Establishing Courts of Judicature ; for the Regulating and Establishing the Provost-Marshall's Office and Fees ; for Repairing and Mending the King's Highways and Bridges ; for the Maintenance of Ministers ; for the encouragement of the Inhabitants of the Island in Recovering of their Debts and Buying of Servants ; for the better Regulating of Boats and Wherries and their respective Employers ; Port Royal late called Point Cagua ; for Preventing of Idle Livers ; for the better Regulating the Inhabitants and Hunters in the remote parts of this Island ; for the Encouraging of the Produce and Manufacture of this Island ; for the encouragement of Planters, and Prohibitions to the public Levies of Men and Arms upon Foreign designs ; for Importing Servants and Passengers into this Island ; for Dividing the Island into several Parishes and Precincts ; for preventing of retailing of strong Liquors by all unlicenced Persons ; for Marriages, Christenings, Churchings, and Burials ; for the confirming divers Acts of the Governor and Council of this Island, and repealing all other Acts and Orders ; for the punishing and ordering of Negro slaves ; for the Regulating and Establishing the Secretary's Office and Fees ; for preventing neglect and fraud in receiving Customs and Public Money. An additional Act for the speedy raising a Public Treasury in this Island ; for the speedy raising of a Public Treasure ; for issuing money out of the Public Treasury ; to prohibit the transporting of several Commodities out of this Island in a plantable or growing condition ; for appointing Rates for the Goods of this Island ; for the raising of a Public Revenue out of all strong Liquors imported or to be imported into this Island ; for the establishment of the office of Surveyorship in this Island ; and for the settling of the Militia. 36 pp. [Col. Entry Bk., No. 37, fol. 33-50.]
[June 22.] 111. Statement of the case of Thomas Temple and William Crowne, and how they became proprietors of Nova Scotia. In 1656, when the Lord de La Tour was compounding with Cromwell to get his country of Nova Scotia again, but not being able to pay what Cromwell required, he requested Temple and Crowne to undertake it for him, and so by the advice of Sir Orlando Bridgeman, La Tour by deed conveyed all his right and title in Nova Scotia, with all his profits and privileges, to said Temple and Crowne and their heirs and assigns for ever, the consideration to pay 1,800l. to Cromwell's soldiers, then in La Tour's forts ; 3,376l. 18s. to the relict of Major Gibbons, of New England, for redemption of mortgage on La Tour's fort of St. John's, the 20th skin of all furs taken within said country, and the 20th part of the increase of the earth, free from all charge. Accordingly they took possession and built houses, and to regain a house taken by the French cost men's lives and 10,000l. La Tour's title :—As a discoverer 55 years since, where he built his fort upon the river of St. John, and bath continually dwelt. In 1621 Sir Wm. Alexander obtained a grant of all Nova Scotia to him, his heirs and assigns for ever, with power to create baronets to encourage planting, which in 1625 was confirmed by Charles I. In 1630 Sir Wm., then Lord, Sterling, conveyed part of Nova Scotia to La Tour and his father, and their heirs and assigns for ever, with certain privileges under the Great Seal of Scotland, and both Lord La Tour and his father were made baronets of Nova Scotia. Lord Sterling two or three years after surrendered Port Royal to the French, for which the King "gave him the Great Seal for 10,000l., not yet paid as 'tis said." Port Royal was not within La Tour's grant from Sterling. The French made war upon La Tour at Fort St. John ; he mortgages it to Major Gibbons at New England, but during his absence his fort was surprised by one Doney [D'Aulney] of Port Royal, his men were put to the sword, and his lady was poisoned. La Tour repairs to the King of France for justice, but on his return to Port Royal finds D'Aulney dead, and Port Royal and Penobscot were surrendered to La Tour on his marrying D'Aulney's widow, and he has enjoyed that part ever since. Major Sedgwick without orders takes La Tour's forts, kills his men, demolishes his chief fort, plunders him to above 10,000l. in value, and brings him to Cromwell, who restores La Tour to his forts and country upon payment of the sums aforesaid. La Tour for constant adherence to the King of England and being a Protestant is condemned as a traitor in France, and if taken will suffer death, and therefore doubts not of receiving protection in England. Temple and Crowne, the proprietors of Nova Scotia, present certain proposals to the consideration of their Lordships [the Committee of Foreign Plantations], that they be reimbursed the moneys they have paid, or keep the whole trade to themselves, paying to the King 5 per cent. on all goods carried out of the country. They implore a suitable strength against the natives, that they may remain where they have purchased and built in said country, and have liberty to collect their debts from the Indians, which are above 1,000l. There are no families considerable upon the place but the two proprietors. Indorsed, "Received 22 June 1661." 3 pp. [Col. Papers, Vol. XV., No. 64.]
June. 112. Report of the Committee of Council appointed by the King to examine the pretensions of such persons as claim interest in Nova Scotia or L'Acadie. Thos. Elliot, the plaintiff, claims by a warrant from his Majesty. Thos. Temple and Wm. Crowne, the defendants, by right of discovery, the King's grant, and many years' possession. The Committee, having upon the 17th of this present June heard the several parties, find :—That on 10th Sept. 1621 King James granted Nova Scotia to Sir Wm. Alexander. King Charles continued this grant 1625. Sir Wm. granted on the 12th April 1630 to De La Tour part of the territories, by the names of two baronies, St. Estienne and La Tour, on condition they should remain faithful to the King of Scotland. A deed of 20th Sept. 1656 from La Tour recites the former grant, and grants to Tho. Temple and Willm. Crowne all the lands, paying the 20th of all pelts and profits of the earth ; and of this they have since been possessed. In 1639 Sir Claude and Sir Chas. St. Estienne, father and son, were made baronets of Nova Scotia for good service. Port Royal and Penobscot were granted by the French for 30,000l. damages about St. John's Fort, and the French King has condemned La Tour as a traitor. They yield the Dominion of Nova Scotia to the King, and the power of sending a Governor, and offer 5 per cent. customs to support the charge. Quebec they claim not. Mr. Elliott's counsel allege : That the King was not in possession at the time of his grant, so his grant is void ; and that Sir Wm. Alexander's grant to La Tour is void, the French being then in possession ; in 1629 the English took all ; in 1632 the French were restored, and La Tour was made Governor ; in 1656 Cromwell having recovered it, passed it to La Tour, Temple, and Crowne ; La Tour held it against Cromwell for the King of France ; Sir Wm. Alexander's grant to La Tour is void, because to an alien. Elliot's counsel desire the government and trade as it was granted to Temple and Crowne by virtue of the King's warrant. Reply : The King may grant by the law of nations what he is not in possession of, and empower to take possession. He that discovers and yields a country to the King of Scotland is therein equal with a native of his dominions. To give free trade to strangers would overthrow the Plantation, but if it be judged of public advantage to discourage and remove the present planters after so many years' settlement, they desire that the 5,712l. which they paid to those before them for damages and purchases of the propriety may be first paid to them. Indorsed, "Report of the Committee of Council for Nova Scotia, 17 June 1661." 2 pp. [Col. Papers, Vol. XV., No. 65.]
June 17. 113. Copy of the preceding. Indorsed by Joseph Williamson, Nova Scotia, but without date. [Col. Papers, Vol. XV., No. 66.]
June. 114. Another copy of the above signed R[ichard] B[lathwayt]. With a memorandum, That by an agreement between Sir Thos. Temple and Wm. Crowne, dated 12th September 1657, it is provided that Crowne shall possess all lands westward from the mouth of the River Dumache alias Machias for 100 leagues into the country, to Muscentus on the confines of New England, and into the sea 30 leagues with all islands, and particularly the Port of Pentagouet or Penobscot, and the sole trade with the natives. That Temple shall have the sole trade on the River Dumache for the 100 leagues mentioned, provided Crowne pay at the due terms five moose and five beaver skins, as part of the honorarium due to Cromwell and heirs, and the 20th part of all furs and fruits to Sir Charles. Signed Stephen La Tour. "Memorandum. The interest of Maj. Edward Gibbons." Indorsed, The case of Elliot, La Tour, Crowne, and Temple, abt. Nova Scotia. 3½ pp. [Col. Papers, Vol. XV., No. 67.]
June 22-26. 115. Proclamations of Edward D'Oyley, Governor of Jamaica :— Concerning the sale of a certain proportion of brandy sent by the King for raising money for the fortifications on Point Cagua ; concerning the duties on wines, spirits, and beer which shall be sealed, and any counterfeiting the same to stand in the pillory and lose both ears.
June 25.—Regulating the sale of liquors.
June 26.—Concerning licenses to wherrymen with the names of twenty persons so licensed ; appointing Ensign Thomas Hodskins judge in matters in dispute relating to the sale of sugar, tobacco, and cocoa ; concerning the hunting or killing of cattle and hogs. See Orders of the Governor and Council, ante, No. 108. 9 pp. [Col. Entry Bks., No. 34, pp. 8-16, and No. 37, pp. 3-5.]
June 24. 116. Minutes of the Council for Foreign Plantations. Mr. Bird, lately come from Jamaica, to go with Mr. Froude to the Secretary of State to inform him of the condition of the island and that he be desired to impart nothing of his information to any other. Lord Sterling's petition again referred for consideration, and Sir William Glasscock to report upon the title set forth in said petition. Messrs. Boyle and Povey to report on petition of de Caseres and others to the Privy Council. Mr. Froude to deliver report concerning the Quakers brought in by Mr. Povey to the Secretary of State. ½ p. [Col. Papers, Vol. XIV., No. 59, p. 32.]
June 24. 117. Petition of Michael Bland, John Filking, Nicholas Halford, Thos. Howard, John Paris, and Edmund Huddle, in behalf of the officers and soldiers returned by order from Jamaica to the King. Truly supposed to be disaffected, they were in 1654 engaged and sent by Oliver Cromwell to the West Indies ; after the reducement of two regiments into one, and their miseries and sufferings continually increasing, were discharged to return for England, where some have starved, others are in gaol for debt, and most in like danger ; some have received a small part of their pay, but it proved rather prejudicial than advantageous. Considering that Jamaica is annexed to the Crown, as they understand, and that the officers and soldiers of Dunkirk have been considered, beseech his Majesty to consider their number (being about 340 persons who were established with the army of England, and their arrears already stated by courts, upon orders of the Council under the late power), and to order some course for their satisfaction. This petition was referred to the Commissioners for the Army and recommended to Parliament. [Dom., Chas. II., Vol. XXXVIII., No. 4, Cal., p. 16.]
June 27.
Inner Court of Wards.
118. Minutes of the Council for Foreign Plantations. On view of their former report of 17th inst. resolved that a further report on Jamaica be presented to the King, that every person with land allotted to him shall have a grant of same from the King rent free without payment for seven years, after which to pay five per cent. on all native goods exported, upon penalty of twenty times the amount. Also that 400 foot and 150 horse soldiers be kept on half pay for preservation of the island, and that two ships be constantly plying upon that coast ; that the Archbishop of Canterbury and the Bishop of London choose five able ministers to be maintained there at the King's expense for one year, at 100l. each, and the Governor to settle a competent livelihood for them in time to come. And that the King issue a Proclamation declaring upon what encouragements people may plant upon the said island, provided they be Protestants. Signed by Philip Froude, Secretary. Indorsed, Read and approved, July 3, 1661. 1 p. [Col. Papers, Vol. XV., No. 68.]
June 27. 119. Copy of preceding. [Col. Papers, Vol. XIV., No. 59, p. 33.]
June 29. 120. Warrant to pay Thomas Holder the sum of 90l. for the King's additional adventure in the business of Guinea. [Dom., Chas. II., Docquets, Cal., p. 22.]
June. 121. Warrant to pay Thomas Holder, or whom he shall appoint, the sum of 250l. for his Majesty's adventure in the business of Guinea. [Dom., Chas. II., Docquets, Cal., p. 25.]