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June 3.
Inner Court
of Wards.
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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. p. [Col. Papers, Vol. XIV.,
No. 59, pp. 30, 31.]
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June 5.
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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.]
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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].
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[June 14.]
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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.]
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June 14.
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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.]
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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.]
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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.]
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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 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 :
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600 pipes of wine imported per ann., at 2l.
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-
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1,200l.
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10,000 gall. brandy " " at 6d.
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-
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250l.
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100 tuns beer " " at 1l.
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-
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100l.
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20 ships (say) " " at 1s. per ton
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100l.
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1,650l.
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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].
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June 18.
|
109. Copy of the preceding orders of the Governor and Council
of Jamaica. [Col. Entry Bk., No. 37, pp. 1, 2.]
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June 18.
to end of
1663.
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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.]
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[June 22.]
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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.]
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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.]
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June 17.
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113. Copy of the preceding. Indorsed by Joseph Williamson,
Nova Scotia, but without date. [Col. Papers, Vol. XV., No. 66.]
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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. 3 pp. [Col. Papers,
Vol. XV., No. 67.]
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June 22-26.
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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.]
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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. p.
[Col. Papers, Vol. XIV., No. 59, p. 32.]
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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.]
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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.]
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June 27.
|
119. Copy of preceding. [Col. Papers, Vol. XIV., No. 59, p. 33.]
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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.]
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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.]
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