America and West Indies
January 1662

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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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66-70

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'America and West Indies: January 1662', Calendar of State Papers Colonial, America and West Indies, Volume 5: 1661-1668 (1880), pp. 66-70. URL: http://www.british-history.ac.uk/report.aspx?compid=76447 Date accessed: 23 October 2014.


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January 1662

1662. [Jan. 2.] 210. Representation of Sir Lewis Kirke and John Kirke concerning Acadia or Nova Scotia. For what concerns those three bulwarks or fortresses in Nova Scotia, by the French Ambassador pretended unto, they represent as follows :—1. It is a thing remarkably known that the whole tract lying on either side of the river Canada, long known by the names of Nova Francia and Nova Scotia, was first discovered at the charges of Henry VII., and afterwards of Queen Elizabeth ; nor was it known to any other Christian Prince till, about 1600, some French seized on the tract of land on the north side of the river, and in 1606, under the Lord de Monts and M. de Poutrincourt, possessed themselves of L'Acadie on the south side, usurping for many years possession and sole liberty of commerce there. 2. In 1621 King James, looking on the possession of the French as an invasion, granted to Sir W. Alexander (afterwards Earl of Sterling) L'Acadie by the name of Nova Scotia, who in 1622 and 1623, after Sir Sam. Argal had driven out Biard Masse and demolished their fort, planted a colony therein and kept possession for about two years, when upon the marriage of Charles I. with the Lady Henrietta Maria, Nova Scotia was returned to the French. 3. In 1627 a war arising, Sir David Kirke, his brethren and relations, by his Majesty's commission sent out nine ships to expel all the French from the River Canada, and seized 18 French ships, with 135 pieces of ordnance, designed for the relief of Royal Fort [Port Royal] and Quebec, under command of M. de Rochmand and de La Tour, father of the Governor of Royal Fort, whom with said ships and guns they brought to England. In 1628 they possessed themselves of the whole of Canada, with the castle of Quebec, Sir Lewis Kirke being then constituted Governor, and Sir Wm. Alexander, assisted by Kirke, of the whole of Nova Scotia ; the region south of the river falling into possession of Sir Wm., and north into that of the Kirkes. 4. On March 29, 1632, peace being concluded, it was agreed that all the forts, as well in L'Acadie as in Nova Francia, should be restored to the French King, which was exactly performed ; but on the part of the French nothing was ever performed, so that the Kirkes suffered loss to the value of 5,000l., which remains unpaid to this day. 5. In 1633 the King taking notice that though the forts were to be delivered to the French, the English were not to be excluded from trade in those regions, on May 11, 1633, in consideration of 50,000l. laid out by the Kirkes on the fort of Quebec, and of their ready obedience in resigning same at his command, granted to Sir Lewis Kirke and his brother John Kirke, for 31 years not yet expired, full privilege not only of trade in the river Canada, but to plant colonies and build forts where they should think fit. 6. By virtue of which commission they in Feb. 1633-4 sent the Mary Fortune laden with goods to those parts, where she was seized, carried into France, and confiscated, to the value of 12,000l. ; and though Lord Scudamore, the Ambassador, and John Kirke often urged that the moneys due to the Kirkes and the ship and lading might be restored, they could obtain nothing. 7. In 1654 Cromwell on consideration of the premises sent forth several ships under the command of one Sedgwick, who subdued said forts in Nova Scotia ; and though in 1655 commissioners were appointed for deciding the controversy about the restitution of said forts to the French, nothing was done, and the commissioners never met within the three months, as provided in the treaty. So that now the case is very clear that possession remains to the English. 1. It is insisted that there was a continued right of traffic in those parts, vested in the English, that no surrender for the time being of the forts could infringe or extinguish. 2. The forts taken in 1628 were restored to the French in 1632, under conditions which were never performed to this day, and therefore should return to their former estate. 3. And for this reason the fortress of Quebec may be justly demanded back by the Kirkes, by greater reason than those in Nova Scotia are challenged by the French. 4. But as the French, not content with their unjust detaining of Quebec, notwithstanding liberty of traffic and his Majesty's special commission, seized on the Mary Fortune, why should the French Ambassador complain against Cromwell because he seized those forts and restored them to the English? For though he could not acquire them to himself nor yet derive them to another (viz., Col. Temple), yet those forts with no less right submit to his Majesty than Dunkirk or Jamaica. 5. Hope, therefore, that his Majesty will order that the forts above mentioned (whether it shall seem good to him to retain, restore, or dispose of them) may be liable to satisfy all such losses as the Kirkes, above all other English, have sustained by the French. "This is a true translation, made Sept. 10, 1667. Wm. Turner." 10 pp. [Col. Papers, Vol. XVI., No. 1.]
Jan. 2. 211. Copy of the above representation in Latin. With "a summary [in English] of the fact on the behalf of Sir Lewis Kirke and his brother John Kirke and others, as to their concernment in the three forts in America claimed by the French Ambassador." Also the opinion of Robt. Mason, that the Kirkes ought to have their losses "provided for" from France, or else reprisals granted. Latin and English. 9 pp. [Col. Papers, Vol. XVI., No. 2.]
Jan. 2. 212. Another copy of the above representation. Latin. 8 pp. [Col. Papers, Vol. XVI., No. 3.]
[Jan. 9.] 213. Petition of Owen Martin and Humphrey Seaward, merchant, to the King. In the middle of June 1660, petitioners made discovery by a petition of concealed goods in the West Indies, of which his Majesty granted them the moiety, near 250l., and ordered the other moiety to be brought into his Majesty's Exchequer. Three months after Lord Willoughby with a high hand gets the broad seal for the whole to his own use, to the ruin of one and the great damage of the other petitioner. Pray for a confirmation of said grant and power to receive said goods from Lord Willoughby, and if the truth of this petition be doubted, to give petitioners opportunity to prove it. With reference to the consideration of his Majesty's Privy Council. Whitehall, 9 Jan. 1661-2. Also, Order of the Privy Council that petitioners make good their pretensions, and produce his Majesty's grant. Whitehall, 1661-2, 7 Feb. Annexed,
213. I. Warrant to the Attorney-General to prepare a commission empowering the Governors of Barbadoes and St. Christopher's Owen Martin and Humphrey Seaward, merchant, to call to account the commissioners appointed by the late usurped powers for prize goods on those islands, and to receive such as remain in their hands ; one half to be for the King's use, and the other for Martin and Seaward, "in consideration of Col. Veale, who is to partake therein." Draft with corrections.
213. II. Certificate concerning concealed prize goods. That there was a petition referred to the Lords of the Treasury after his Majesty's happy arrival, by Messrs. Owen Martin and Humphrey Seaward, informing of prize goods in the West Indies, Barbadoes and St. Christopher's, unaccounted for to his Majesty. Afterwards a person that had very faithfully served the King, Col. Veale, joined with them, and his Majesty made a grant, reserving a moiety to himself, and wrote several letters. How the obstruction since arose, petitioners can inform. 1661, Dec. 19. 3 Papers. [Col. Papers, Vol. XVI., Nos. 4, 5, 6.]
214. Petition of Owen Martin and Humphrey Seaward to the Privy Council. Having produced their grant according to the order on their petition annexed, beseech their Lordships to appoint a short day of hearing, and Lord Willoughby to make good his claim, and to give to each party his right. In another hand is written, "For a hearing about prize goods." Annexed,
214. I. The King to Thomas Modyford, Governor of Barbadoes, or any other Governor of the Island, Owen Martin, and Humphrey Seaward. Whereas during the late unhappy distractions within his Majesty's dominions, commissioners were appointed for prize goods in Barbadoes, who still retain prize goods, unaccounted for. They are commanded forthwith to examine the accounts of said commissioners, and receive from them all such goods remaining in their hands which are by the first opportunity to be shipped for England, consigning the full half for his Majesty's use to John Loving, one of the tellers of the Exchequer. His Majesty grants to said Martin and Seaward the other half, for their care and pains in discovering the same. Signed by the King and countersigned by Sec. Sir Wm. Morrice. Whitehall, 1660, December 10.
214. II. The King to Clement Everard, Governor of St. Christopher's, or any other Governor there for the time being. Duplicate of the preceding. Signed by the King and countersigned by Sec. Sir Wm. Morrice. Together 3 papers. 3½ pp. [Col. Papers, Vol. XVI., Nos. 7, 8, 9.]
Jan. 16. 215. Orders of the Governor and Council of Jamaica. Present Edward D'Oyley, President and Governor ; Col. Sam. Barry, Lieut.-Col. Henry Archbold, Col. Rich. Wilbraham, Major John Cope, Sec. Rich. Povey, and Capt. John Harrington. That trading and shipping be priviledged to the inhabitants of Port Morant, without application to the Governor, provided it tend not to the neglect of masters of ships coming to this harbour. That Mr. Scaman pay his wife 10s. weekly, and the next justice of the peace see it performed. That the Act of 3rd July last, prohibiting the taking of horses, be annulled. That if Lieut. Owen do not prove before two justices of the peace within 10 days, that Rich. Williams was knowing of his wife's being with child when he married her, he shall lose the debt of 1,000 lbs. tobacco, owing to him. That relief sufficient for provisions and repairs by the sale of negroes be afforded to Leonard Johnson, captain of the Martin Vanrosen, of Middleburgh. 1¾ pp. [Col. Entry Bk., No. 34, pp. 39, 40.]
Jan. 22.
Reading.
216. Sir Balthazar Gerbier Donnely to the King. Having seen his Majesty's proclamation for encouraging planters in Jamaica, thought it his duty to represent to his sacred view these following annotations. Whereas his Majesty grants but 30 acres per head, the West Indian Company of the United Provinces grants 50 ; they also give the whole profit of gold and silves mines for 10 years gratis, and allow full liberty of conscience, as being a prevalent bait to most men, and thus allure both merchants and planters ; and to make them yet more great, the States of the United Provinces are hastening to a treaty with the King of China, the secret and depth of which a zealous person offers to discover to his Majesty, or to the East India Company. If his Majesty thinks of extending his power in the West Indies, by throwing open the gold mines which a Spaniard told his late Majesty existed in Jamaica, and showing the possibility of acquiring great gain and booty in the Gulf of Mexico, Yucatan, and other adjacent places, it would draw a number of adventurers far more considerable than bare planters, who must be transported and maintained at his Majesty's own vast expense. And this will be furthered if his Majesty will hear the report of the Lord Privy Seal, which contains expedients of far more great consequence than the possessing of Lima and Potosi, for the furthering of which 600,000l. ready money will be produced. "Which truth (the Lord Privy Seal having made his report) shall endure the test, though it were laid in the balance sustained by the hands of those forgers of falsehoods who have abused my innocency, fidelity, and zeal." Indorsed by Sec. Nicholas, Received 23rd January. 2 pp. [Col. Papers, Vol. XVI., No. 10.]
Jan. 22. 217. Report of Lord Windsor, Governor of Jamaica. On petition of William Garrett for a small island near Point Marrant [Morant], on the north side of Jamaica, and 2,000 acres on the main island adjoining ; that he was very willing to grant the same. ½ p. [Dom. Entry Bk., Chas. II., No. 13, p. 52.]
Jan. 27. 218. Statement by Benj. Denham, chaplain of the Earl of Winchelsea, charging the Marquis of Dorchester with Jesuitism and Popery, and alleging, among many other matters, that whatsoever is treated of in the Privy Council concerning the Roman Catholics is by the Marquis presently discovered to Lord Brudenell and Lord Baltimore, who is Governor or (it may be said) Lord Paramount of Maryland in the West Indies, and whose chaplain, John Lugar, an English renegade and now a Romish priest, was made one of the judges, and as it were vice-gerent to Lord Baltimore in Maryland in the time of Charles I. [Dom., Chas. II., Vol. XLIX., No. 97, Cal., p. 255.]
Jan. 28. 219. Grant of pardon to Anthony Strange, late of Barbadoes, for and concerning the death and felonious killing of George Bowyer, together with restitution of lands and goods, and such other clauses and non-obstantes as are usual in pardons of like nature. [Dom., Chas. II., Docquets, Cal., p. 256.]
Jan. 30. 220. Warrant from Henry Jocelyn and Robt. Jordan, Commissioners in his Majesty's name and under the authority of Ferdinando Gorges to summon the freeholders [of the Province of Maine] on the last day of March to elect one of their best and ablest men to act in their interest in the Prudental affairs of this Province to appear at Wells on 25th May next. Certified copy by Francis Neale. Also on same sheet.
Jan. 30. Similar warrant for the inhabitants to produce on 25th May next to the General Court at Wells all deeds, conveyances, and Acts by which they claim any interest or possession to lands or privileges within this Province, "which extends from Piscataqua river along the coast unto the river of Sagadahock, and so to the head of Kennebeck and 120 miles in the mainland." [Col. Papers, Vol. XVI., No. 11.]