America and West Indies
September 1663

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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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158-164

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'America and West Indies: September 1663', Calendar of State Papers Colonial, America and West Indies, Volume 5: 1661-1668 (1880), pp. 158-164. URL: http://www.british-history.ac.uk/report.aspx?compid=76467 Date accessed: 22 October 2014.


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Contents

September 1663

1663. Sept. 1.
Point Cagua.
552. Minute of the Council of Jamaica. Ordered that every person in the several quarters be assessed one lb. of sugar for repairing the bridge at Passage Fort. [Col. Entry Bk., No. 37, p. 22.]
Sept. 2-12.
Castle of St. George de Mina.
553. Protest of John Valckenburgh, Director-General of the north coast of Africa and the island of St. Thome, on behalf of the States General and their authorised West India Company, against John Stoaks, Commander-in-Chief of all the English forces upon the coast of Africa, for this present expedition. That Capt. Stoaks has disturbed their Company in their lawful possessions, and has a clear intention to expel the Dutch by subtlety or force if possible, by erecting a warehouse at Anchiang upon the Stranel, under the jurisdiction of the county of Fantyn, pretending that the English have heretofore possessed a factory there. No person with a knowledge of the coast of Africa can be ignorant that the Portuguese, as the first discoverers, have maintained against all, the Gold Coast of Guinea ; and the Dutch Company, who have obtained such conquests at the expense of much treasure and blood, ought to be left undisturbed, particularly by friends, especially about Anchiang, in regard the whole strand of Fantyn, with the traffic therein, was made over in March 1629 to the States General and the Dutch West India Company. "We do kindly and neighbourly pray and entreat you to desist and forbear from further building of the said factory," which being an unheard of novelty we cannot connive at or tolerate, but must hinder and prevent ; and also that the English no longer continue to debauch the people of the Dutch Company out of their service, or shelter any longer, declared rebels to their Company. Huybert Van Gazeldoncq, chief factor at the Fort Nassau Tot Moree, is commanded with two witnesses to go on board his Majesty's ship Marmaduke, and intimate to Admiral John Stoaks the contents of this protest, and deliver it duly attested and signed. With certificate that the insinuation and delivery "of the aforegoing act of protest was performed" as it ought to be, the 3-13 Sept. 1663. Indorsed, The 2nd protest of ye Dutch. 7 pp. [Col. Papers, Vol. XVII., No. 77.]
Sept. 5.
Bath.
554. Warrant to the Duke of York. Forthwith to deliver to the Royal African Company his Majesty ships Welcome, Sophia, and Rosebush, or such of them as the Company shall desire, with rigging, tackle, and furniture, making first an inventory of what is delivered, and of the state of the ships ; the Company to enter into articles with the Commissioners of the Navy for delivering the same back in the same condition (dangers of the sea only excepted) within 18 months. 1½ pp. [Dom. Entry Bk., Chas. II., Vol. XV., pp. 189, 190.]
Sept.?
Cocpkit.
555. Commission to Sir Wm. Berkeley to constitute a Governor for Albemarle river. Full power is given by the Lords Proprietors of Carolina to Sir Wm. Berkeley, Governor of Virginia, to appoint a Governor of all that part of Carolina on the N.E. or starboard side of the river Chowan, now named Albemarle river ; also the same or some other person, Governor of the S.W. or larboard side ; and six fitting persons to be a Council to each. Said Governors to have full power to appoint all officers (the secretary and surveyor only excepted), and, with the consent of the major part of the freemen, to make laws according to such proposals and instructions as the Lords Proprietors send herewith. 1½ pp. [Col. Entry Bk., No. XX., pp. 3-5.]
Sept.?
Cockpit.
556. Instructions from the Lords Proprietors of Carolina to Sir William Berkeley in relation to the settling and planting some part of the province of Carolina. 1. In regard that all men will desire to settle upon the river, each planter is to have 1 chain (66 feet) in breadth and 100 chains from the river up into the country, and the remainder of his proportion not less than 200 chains from the river, that there may be room for a second row of planters ; by means whereof there will be 200 men within each mile and a quarter square, which is conceived to be better than in towns. Ten acres will be as much as one man can well plant and keep clean in that growing country, the remainder to be laid out where the Governor and Council think most convenient. 2. 20,000 acres to be set out for the Proprietors in several places, part where a town is like to be built, and other parts some miles up the river or up the country, where the land is good, and, especially, best for vineyards, which it is conceived will be most profitable, "an acre in the Canaries producing 60l. per annum." 3. The people may have three, four, or five years given them before payment of the quit rent of ½d. per acre. 4. Those who have purchased land of the Indians and have cleared more than their proportion to be compounded with. 5. The Governor and Council to give warrants for the proportion of land to the surveyor, who shall certify to the secretary the quantity laid out ; this certificate to be recorded in a book kept for the purpose, and then the Governor and Council to make a grant (under a seal the Proprietors will send) to the party and his heirs for ever ; the quit rent of ½d. per acre to commence within five years from the Feast of All Saints next. 6. If he cannot find some other way to support the Governor, that then he have the sole trade in furs for three years, and that some fees be established for maintenance of the secretary and surveyor. 1½ pp. [Col. Entry Bk., No. XX., pp. 5, 6.]
Sept. 8.
Cock Pit.
557. The Lords Proprietors of Carolina to Sir Wm. Berkeley. Since he left they have procured his Majesty's charter for Carolina, and send him a copy. After the sealing of it there started a title under a Patent granted in the 5th Charles I. to Sir Robt. Heath, under which there has been a claim by the Duke of Norfolk's agents and another by Sir Richard Greenefield's heirs, but that Patent has been made null by the King and Council [see ante, No. 525,] and is ordered to be made so by the King's authority in the courts of law. Are informed that there are some people settled on the river Chowan, and therefore have by Capt. Whittey sent him a power to constitute one or two Governors and other officers, having only reserved the nomination of the surveyor and secretary, as officers fit to take care of his and their interests. The surveyor, M. Lepreyrie, is recommended by Sir George Carteret ; and the secretary, Richd. Cobthrop, by Lord Jno. Berkeley, and will sail within a month. Send proposals to all who will plant, in which "our condescensions are as low as it is possible for us to descend." This was not intended for his meridian, where the Lords Proprietors hope to find more facile people, who by his interest may settle upon better terms for the Lords Proprietors, which they leave to his management, but recommend him to grant as much as is possible rather than deter any from planting there. Refer to their instructions and proposals as to the proportions of land, but understand that the people there have bought great tracts from the Indians, wherefore for the reasons given, the Lords Proprietors desire that he persuade or compel those persons to be satisfied with such proportions as are allotted to others, for more will but scatter the people, and render them easily liable to be destroyed by enemies. Desire him to keep this letter and their instructions and proposals private. The reason of their giving him power to settle two Governors is, because those who are for liberty of conscience may desire a Governor whom those of the other side of the river may not like, the design being to encourage all sorts of persons to plant. Have granted to Sir Jno. Colleton Carlisle Island, near Roanoke and Chowan river,—he will leave it to Berkeley to take a part with him if he please. Though the Lords Chancellor, Berkeley, and Ashley's hands be not to the papers, yet they consent to what is done. The entrance to Chowan river is difficult, and but for small vessels ; understand there is an entrance bold and deep in lat. 34, near the rivers Newse and Pamplycoe. Desire him to procure at freight some small vessel to make discovery of a sound through which "big great ships" may come to Chowan and the other brave rivers ; and to look into Charles river, a little to the south of Cape Fear, and give account of what is there, to the charge of which each Lord Proprietor will pay his share. This work is held necessary to be done that the King may see they sleep not with his grant, but are promoting his service and his subjects' profit. By Captain Whittey's relation he may easily pass from his government to Chowan ; earnestly intreat him to make a journey thither. 2 pp. [Col. Entry Bk., No. 20, pp. 6, 8.]
Sept. 8. 558. Minutes of a meeting of the Lords Proprietors of Carolina. Present, Duke of Albemarle, Lord Craven, Sir George Carteret, and Sir Jno. Colleton. The island heretofore called Carlisle, now Colleton Island, near the mouth of Chowan, now Albemarle river, containing 5 or 6 miles by 2 or 3 miles, granted to Sir Jno. Colleton and his heirs for ever, on paying yearly for all plantable land one halfpenny per acre, if all others in Carolina pay as much. ½ p. [Col. Entry Bk., No. 20, p. 14.]
Sept. 9. 559. [The Lords Proprietors of Carolina] to [Coll. Tho. Modyford and Peter Colleton]. Have sent two letters with copy of charter and proposals touching the settlement of Carolina, desiring to persuade such persons of their island as have inclinations to plant in those parts, and cannot recede from the method therein proposed. Have since received theirs of 12th August, with proposals of several gentlemen of Barbadoes ; to which an answer is now sent. If other ways of framing the Government will please them better, without lessening the powers and the rent they have reserved, they may close with them, and if gratifying some of the chief with 100 to 300 acres of land extraordinary will forward the work, it shall be given to them. If the undertakers be concluded with, Coll. Modyford and Colleton may make choice of a surveyor and secretary ; whom the Lords Proprietors intend shall be subject to the Government, and upon just complaint be removed. Desire them to give notice who will be fittest for the Government and Council. If it be thought fit, the first Governor may be continued five years, and the people to find some way for his maintenance. Have a settlement begun on the Chowan river, and have proposed for the Governor's support the fur trade. Wish the place (of settlement) may be near Port Royal. If any argument be made concerning the charge of discovery, it will be answered what the Proprietors have done from Virginia. Hope by their next to send the King's letter to the Governors for the promotion of this settlement. Conceive the planting of Carolina will be of great advantage to the King and people, particularly the planters in Barbadoes and Caribbee Islands, in regard it will divert further raising of sugar, ginger, cotton, indigo, and tobacco, of which enough is already made to supply all markets, and more will impoverish the planters, by lowering the prices ; in regard Carolina will produce wines, silk, rasins, currants, figs, olives, oil, capers, and tobacco, as good as that of Virrques, sic.? Virginia, all which are easier produced than sugar, and not yet planted in the King's dominions. 1¼ pp. [Col. Entry Bk., No. 20, pp. 13, 14.]
Sept. 9. 560. Answer of the Lords Proprietors of Carolina to certain Proposals of several gentlemen of Barbadoes [see ante, No. 528]. Are well pleased to find so many public spirits in Barbadoes concerned in the intended discovery, although orders had been before given for a vessel to be sent from Virginia, to discover from Cape Hatteras to Cape Florida, fit places for his Majesty's subjects to settle in. As to their desires ; a copy of the Charter has been sent to Barbadoes by Thos. Colleton, and if an exemplification under the broad seal be desired, it shall also be sent. Coll. Tho. Modyford and Peter Colleton have taken with them a declaration and proposals in which is set forth the method of government, settlement, and granting of land ; which the Lords Proprietors hold to be better for the people in general than the corporation way proposed, but if it be desired that more than six be of Council, then may the undertakers propose double the number, and the Proprietors shall choose the moiety. The Governor and Council shall be empowered to grant lands, as set forth in the proposals, for which they may contract with the Indians, and make choice of all officers, civil and military, the secretary and surveyor only excepted. The Lords Proprietors will endeavour to procure his Majesty's letters to the Governors of Barbadoes, Caribbee Islands, Virginia, New England, and Bermudas, not to hinder free and unengaged persons from going to Carolina ; and have given directions to Coll. Modyford and Peter Colleton, to treat with them concerning the premises, not receding from the substance of their declaration. 1¼ pp. [Col. Entry Bk., No. 20, pp. 12, 13.]
Sept. 10.
Barbadoes.
561. Lord Willoughby to the King. Arrived in Barbadoes on Aug. 10th, and laid his Majesty's commands before the Assembly in being, to avoid the delay of calling together a new one, which might be done if the present Assembly should not answer his Majesty's expectations. They have agreed to levy a custom of 4½ per cent. on all commodities grown in the island, and hope it may be hereafter advanced, if his Majesty would grant them some privileges which the Act of Navigation doth debar them of. Hopes the relief will be given to them and the other plantations. Will visit these with what speed he can, and send his Majesty a further account ; and then visit Guiana and execute his commands there, returning thence to Barbadoes. Prays, therefore, that a small frigate may be placed at his order, as ships are very scarce and cannot be hired but at excessive rates ; besides in case the Spaniards should trade with the island it would be a great encouragement to them to see a man-of-war riding in the road for their protection. Indorsed, Answered 11 Jan. 2 pp. [Col. Papers, Vol. XVII., No. 78.]
Sept. 10.
Virginia.
562. Seventeen Acts passed at a Grand Assembly held at James City, Virginia, by prorogation from 2 Dec. 1662 to 10 Sept. 1663, but the titles only are given of those Acts against which is written in the margin repealed, expired, obsolete, useless. Printed in Col. Entry Bks., Nos. 89, 90, 91, see ante, No. 262. N.B.—In the printed editions of 1733 and 1752 of the Acts of Assembly is to be found the title of an Act repealing the Act of Amerciaments, which is not included in the above seventeen Acts. [Col. Entry Bk., No. 88, pp. 53-56.]
Sept. 12. 563. An Act for settling an impost on the commodities of this island's [Barbadoes] growth. With memorandum that the Order of Council confirming and ratifying this Act [dated 21 April 1665] is entered at p. 122. One proviso of this Act was however disallowed and made void in said Order of Council. 4 pp. Three copies. [Col. Entry Bk., No. 5, pp. 47-50 ; also No. 92, pp. 1-9 and pp. 323-330.]
Sept. 15.
St. Mary's' Maryland.
564. The titles of twenty-nine Acts made at the General Assembly begun at St. Mary's 16th September 1663 in the 32nd year of the dominion of the Rt. Honble. Cœcilius, absolute Lord Proprietor of the Provinces of Maryland and Avalon, Lord Baron of Baltimore, &c. ; and there continued till Saturday the 3rd of October following, and thence adjourned till the 2nd Tuesday in September (13th) 1664, viz. :—1. An Act for the quieting possessions of lands and establishing the manner of conveyances of lands for the future. 2. Concerning English servants that run away in company of negroes or other slaves. 3. Imposing a penalty on all such who shall dispose of tobacco seized and received by the sheriff or others. 4. For a prison at St. Mary's. 5. Prohibiting arrests upon the Sabbath day, and days of general musters and training. 6. Erecting a Pillory, Stocks, and Ducking Stool, in every county of this province. 7. For the continuance of an Act intituled an Act of Gratitude for the Lieutenant-General's allowance. 8. Providing irons in each county for burning malefactors. 9. For repeal of the second branch of the Act made at St. John's, 4th March 1657, by Thomas Greene, Esqre., Governor, intituled an Act Touching Payment of Debts. 10. Enjoining Sheriffs to take bail. 11. For amerciaments in the Provincial and County Courts. 12. To give Smiths execution for their debts. 13. For the preservation of Orphans' Estates. 14. Against exportation of Wool and Old Iron. 15. For the repeal of a clause in an Act made the 23rd day of October 1640, by Leonard Calvert, Esqre., Lieutenant-General of this province, intituled an Act for servants' clothes. 16. A general Act for administration of Justice. 17. For levying the Surveyor-General's fees. 18. For the rule of arrests and summons for witnesses by all sheriffs, and a rule for entering actions and filing actions and petitions. 19. For proceedings at law. 20. For appointing a public notary. 21. For seating of lands in Baltimore county. 22. Prohibiting trading and gaming with servants. 23. For the repeal of an Act made anno 1661, intituled An Act concerning killing wild cattle. 24. For land five years in possession. 25. Providing what shall be good evidence upon Bills, Bonds, and Specialties, coming out of England and other parts. 26. For the explanation of that clause in an Act made by Capt. Wm. Stone, 21st April 1649, touching hogs and marking of cattle. 27. Concerning proceedings at law, and 28. Payment of debts due by bill (2). 29. For the burgesses' expenses and other public debts. 32 pp. [Col. Entry Bk., No. 53, pp. 61-92.]
Sept. 23.
Barbadoes.
565. Francis Lord Willoughby, Governor of Barbadoes, to M. de Laubiere, Governor of Martinico. Has received his wherein he takes notice of some late transactings by some people of this island to possess themselves of St. Lucia. Barbadoes, finding itself overburdened with people, had proceeded before Lord Willoughby's coming to enter into treaty with the Indians for their compliance therein : and finds them very much resolved to pursue the settling of that island, in regard it lies so convenient for supply of the settlements on this island. Hopes it shall not be taken for any breach of the friendship which has ever been between the Governors of these islands if Lord Willoughby grants liberty to the people of this island to settle upon St. Lucia. 1½ pp. [Col. Papers, Vol. XVII., No. 79.]