America and West Indies
February 1664

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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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184-191

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'America and West Indies: February 1664', Calendar of State Papers Colonial, America and West Indies, Volume 5: 1661-1668 (1880), pp. 184-191. URL: http://www.british-history.ac.uk/report.aspx?compid=76472 Date accessed: 27 November 2014.


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Contents

February 1664

Feb. 1. 649. Minutes of the Council for Foreign Plantations. The model of proposals of the Farmers of the King's Customs read, with amendments made by the Committee, and said Farmers left at liberty to have same further considered. Copy of the model of the proposals annexed. Printed in New York Documents, III., 50. 1 p. [Col. Papers, Vol. XIV., No. 59, pp. 55, 56.]
Feb. 1. Jamaica. 650. Abstract of several papers received from Sir Chas. Lyttelton, dated Feb. 1. 1664, from Jamaica. Sir Chas. Lyttelton's letter complaining of the insolencies of the Spaniards, and desiring leave for the Jamaicans to right themselves, and setting forth the necessity of his own return to England for his health sake. The depositions of Charles Hadsell, commander of the Prosperous, of London, and of John Haines [see ante, Nos. 645, 648]. Also of several letters which are stated in the margin to have been taken with the quicksilver from Salamanca and other places respecting the jealousies of the Spaniards towards the English. Indorsed, Sir Chas. Lyttelton had his own letter and the examinations. 2 pp. [Col. Papers, Vol. XVIII., No. 17.]
1664? 651. Petition of Thos. Nicolls to the King. According to his Majesty's verbal order has moved Mr. Secretary for various employments, but has missed of his expectation. Now asks for a grant of the plantation at Ligonee, in Jamaica, belonging to Colonel Humphryes, deceased about a year ago, as great an enemy to his Majesty as he ever heard of, which is free from any one's just claim ; and also an order for receiving the benevolence of the several parishes of the city of London and its suburbs to enable him to transport men to work it. 1 p. [Col. Papers, Vol. XVIII., No. 18.]
1664. Feb. 2. 652. Thomas Nicolls to the King. Has never in the least measure received the repairs of his losses promised by his Majesty on Nicolls' return from Jamaica in 1661, and being now designed upon the same employment as formerly by my Lord of London, requests free passage for himself and family on the vessel now bound thither on his Majesty's account, and a renewal of his Majesty's former letters to the Governor of Jamaica. 1 p. [Col. Papers, Vol. XVIII., No. 19.]
Feb. 6. 653. Warrant to pay to Col. Legg, Lieut, of his Majesty's Ordnance, 1,112l. for his Majesty's service in Jamaica. [Dom., Chas. II., Docquet.]
Feb. 11. 654. Minutes of the Council of Barbadoes. Order to the Provost-Marshal : Whereas Sir Robert Harley, late keeper of the Public Seal, on the 4th inst. contemptuously refused to seal a writ directed to the Escheators on his Majesty's service, could give no sufficient reason for the same, and refused to deliver up the Seal, or give any account where it was ; ordered that he be arrested and kept in custody until he shall deliver it to the Governor. Philip Bell and Ferdinando Gorges chosen and sworn Councillors. 1¼ pp. [Col. Entry Bk., Vol. XI., pp. 82, 83.]
Feb. 13. 655. Warrant to Edward Earl of Clarendon, Lord High Chancellor, to cause the Great Seal to be affixed to a Commission constituting Sir Thos. Modyford, Bart., Governor of Jamaica. ¼ p. [Dom. Entry Bk., Chas. II., Vol. XVI., p. 38.]
Feb. 15. 656. Commission to Sir Thomas Modyford, Bart., appointing him Governor of Jamaica. With power to choose a standing Council of 12 persons or to continue that already established ; to make laws with the advice of five or more of said Council, so as they do not extend to the taking away the right or interest of any persons in their freehold goods and chattels or to the loss of members, such laws to be speedily sent home, and if disallowed thenceforward to cease. To erect courts of judicature, administer oaths, and appoint judges with salaries. To muster and command military forces, and ordain martial law. Powers of Vice-Admiralty. To build forts, ports, towns, &c., and divide the island into lordships or other allotments, as he thinks fit, and grant charters of incorporation, with liberty to hold fairs and markets. To take surveys of all lands already granted, and agree with the inhabitants concerning the rest, with power to make grants of same under the public seal, which are to be enrolled, reserving moderate quit-rents to the King, and limiting the times when planters shall be bound to finish their respective plantations or forfeit the same. To appoint a Commission to find out the most useful trades and improve the same. Power to pardon and remit offences before or after sentence, treason and wilful murder only excepted, where he may reprieve for one year until the King's pleasure be known. To appoint deputies to administer oaths. Power to call Assemblies, and with their consent to make laws, reserving to himself a negative voice ; also to levy monies : said laws to agree with those of England, and to be in force for two years only, except they be confirmed by the King. To receive a salary of 2,000l. per ann., payable quarterly out of the Exchequer at Westminster ; these presents to be a sufficient warrant for payment of the same. The same powers granted to the Deputy Governor in case of his death or absence. Lord Windsor's Commission, as Governor of Jamaica, from henceforth to be void. 11 pp. [Col. Papers, Vol. XVIII., No. 20.]
Feb. 15. 657. Two copies of Sir Thos. Modyford's Commission. [Col. Entry Bks., No. 27, pp. 23-28, and No. 92, pp. 95-107.]
Feb.? 658. Draft of above Commission, with corrections in Williamson's handwriting. 6 pp. [Col. Papers, Vol. XVIII., No. 21.]
Feb.? 659. Heads of above Commission to Sir Thos. Modyford, in Williamson's hand. 1 p. [Col. Papers, Vol. XVIII., No. 22.]
Feb. 15.
Whitehall.
660. The King to Sir Thos. Modyford, Governor of Jamaica. Recommends Thomas Nicolls, clerk, who is no stranger to that place and has suffered much for his loyalty, as minister at Lygonee or the Point, or in some other convenient station ; with such salary as the sum allowed by his Majesty for the ministry of that island will bear, and with such other convenience for his family's subsistence, as may beseem his profession and employment. Signed by the King and countersigned by Sec. Bennet. 1½ pp. [Col. Papers, Vol. XVIII., No. 23.]
Feb.? 661. Draft of preceding letter, with corrections in the handwriting of Williamson. 1 p. [Col. Papers, Vol. XVIII., No. 24.]
Feb.? 662. Copy of above letter. [Dom. Entry Bk., Chas. II., Vol. XVII., pp. 10, 11.]
Feb. 16.
The Hague.
663. Memorial of Sir George Downing, Envoy Extraordinary, to the States General. Demands that satisfaction and reparation be forthwith made by the Dutch West India Company for the damage sustained by the Royal African Company in preventing their ship Mary, Capt. Den, from trading or even obtaining water at several places on the coast of Africa, where the English have long had trade and factories, and that becoming resentment and indignation be shown against these unparalleled proceedings of the Dutch West India Company. 2 pp. [Col. Papers, Vol. XVIII., No. 25.]
Feb. 18. 664. Instructions to Sir Thomas Modyford, Governor of Jamaica. Before his departure to solicit Lord Willoughby, according to the King's letter, to give him all helps towards his voyage, especially by encouraging planters in Barbadoes to accompany him, which the King by his second letter has very effectually recommended to Lord Willoughby, and to take the like care to invite any of the King's subjects from any other part. To receive from Col. Morgan, who is appointed Lieut.-Governor, 3,000l., with arms and ammunition, 1,000l. being for one year's pay to himself, 600l. to his Lieut.-Gov., 300l. to his Major, and 600l. for the pay of his body guard and the public magazine of arms ; the remaining 500l. to be laid out in iron and other useful tools for distribution to the inhabitants at reasonable rates, the product to be employed in building forts ; Col. Morgan is particularly recommended to his friendship and good usage. To assemble the Council, and publish his commission, and to add to their number if necessary. The King desiring that no one under pretence of scruples of conscience may receive any discouragement, the Governor shall dispense with the oaths of allegiance and supremacy, except to the Council, and allow free exercise of religion, obliging the Governor "in your own soul to the profession of the Protestant religion," and to recommend it to all others. To inquire into civil and criminal judicatories, and establish courts of Admiralty according to his powers from the Duke of York. To prohibit the granting letters of marque. To encourage trade, and particularly to keep good correspondence with the Spanish Dominions. To order a survey of the harbours and landing places, and erect fortifications at the public charge. The allotment of 400,000 acres of land for the Royal demesne to be suspended, for the better encouragement of the planters and those who will plant within five years, such grants to be made under the broad seal of the island to the grantees and their heirs in free and common soccage, reserving fit rents to the King ; and a register thereof to be kept and sent home. To be careful that strangers be not kept in colonies apart, but mingled with the King's subjects. In case Sir Charles Lyttelton, who has the keeping of the broad seal, be come away, according to the desire of his friends, the keeping thereof is to be consigned to three of the Council. All planters and servants to be provided with arms, mustered and trained ; and in case of insurrection or invasion to proclaim martial law. To take care that drunkenness and debauchery, swearing and blasphemy be discountenanced and punished, and none admitted to public trust and employment whose ill-fame may bring scandal thereon. To give every encouragement to merchants and traders ; no goods either imported or exported to pay customs for 21 years ; the commodities of the island brought to England to be custom free for five years. The expenses of the Government to be laid upon hot waters and strong drinks, "if it were but to restrain the excessive and vicious use of them," the King having allowed 2,500l. yearly towards the expenses of Government. To appoint markets and fairs, and take care that wild cattle, horses, hogs, and sheep be preserved, licensing or prohibiting hunters at his pleasure, to improve the cocoa walks, and repair the houses in St. Jago. To take care that plantations be made as near to one another and to the sea coast as conveniently may be, the better to prevent invasions. No one to be admitted to more than one office ; military and civil officers to be suspended upon misbehaviour or discharged, and salaries and fees duly regulated. To transmit accounts of increase of planters and servants, the wants of the place, its chief products, the necessary improvements, and the most probable advantages to be obtained. Power to call Assemblies, make laws, and levy monies ; such laws to be in force for two years and no longer, unless confirmed by the King. To ratify grants already made to the planters, their heirs and assigns, for ever, and to servants after four years' service ; 30 acres to every planter transporting a servant, and 30 acres to said servant after said term of service. To perform all things for the encouragement of the trade of the Royal (African) Company, which he managed to their interest while residing in Barbadoes. Power to act in all things not mentioned in these instructions. With marginal notes, corrections, and endorsement by Sec. Sir Henry Bennet. 13 pp. [Col. Papers, Vol. XVIII., No. 26.]
Feb. 18.
Whitehall.
665. Two copies of the above instructions. [Col. Entry Bks., No. 27, pp. 29-35, and No. 92, pp. 109-126.]
Feb. 18. 666. Blank Commission from the King to some person unnamed to be Major of his Majesty's forces in Jamaica, and command the same in the absence of and next to the Governor or Deputy Governor. ¾ p. [Dom. Entry Bk., Chas. II., Vol. XX., pp. 6, 7.]
Feb? 667. Memorandum by Williamson of "powers to be implied in the instructions." Indorsed, Commission for Jamaica ; Major to discipline and command all the forces in the absence and next to the Governor and Deputy Governor (see Establishment for Jamaica, ante, No. 616.) 1 p. [Col. Papers, Vol. XVIII., No. 27.]
Feb. 18.
Barbadoes.
668. Governor Francis Lord Willoughby to the King. Has been constant in informing his Majesty of the state of the island, and the more so now that he has to report the displacing of a great officer, Sir Robert Harlowe [? Harley], who has gone to England to lay his complaints before his Majesty. His brother has been desired to give the details to the King. In obedience to his Majesty's recommendation had appointed Sir Robert, Keeper of the Seal for life, which upon strict perusal he found contrary to his commission, as he ought before to have informed his Majesty. Has now rectified it ; for Sir Robert has given just occasion by his ill use of it, and other miscarriages in the places of judicature wherein he had been placed, for Lord Willoughby to command it from him again into his own custody, where by the grace of God he shall safely keep it, and make a right use of it according to the trust reposed in him by his Majesty, all which he hopes will be approved. 3 pp. [Col. Papers, Vol. XVIII., No. 28.]
Feb. 18.
Barbadoes.
669. Governor Francis Lord Willoughby to Sec. Sir Henry Bennet. Has had an Act passed to settle a revenue upon the King, which Act he will send with some others as soon as they are finished, for his Majesty's confirmation. In the meantime he is collecting the revenue in the time of the sugar crop which is the ready money of the island ; but owing to the bad weather the payments are very backward, so that he cannot return the King an account so soon as he expected. The island has been sadly afflicted with caterpillars, which, like the locusts in Egypt, have devoured all things, so that the poorer people must have starved if the shipping had not brought more provisions than usual ; many of them have been forced to leave Barbadoes and go to Jamaica and other places merely from want of food. Sir Robert Harley has gone off in discontent like Col. Walrond, because he could not remain to do as he listed. Did not banish him ; some actings of his did occasion his departure, which made his being here uneasy to him. If he or others make any complaints, Lord Willoughby requests that the matter may not be concluded until he can return a full account. Indorsed, "Rec. April." 1½ pp. [Col. Papers, Vol. XVIII., No. 29.]
Feb. 19. 670. Wm. Hutchinson to Williamson. Entreats him to speak to Sir Thos. Modyford to assist Hutchinson in recovering a debt of 50l. with interest for 12 years, which he lent upon bond to Capt. Barry, now in Jamaica. [Dom., Chas. II., Vol. XCIII., No. 21, Cal., p. 488.]
Feb. 24. 671. The King to Edward D'Oyley. Requires him to give speedy satisfaction to the officers and mariners of his Majesty's ship Diamond for their third part of the value of the Flemish ship Martin Van Rosen, and her ladings, seized by them in the harbour of Jamaica in 1661, and condemned by him as lawful prize. ½ p. [Dom. Entry Bk., Chas. II., Vol. XVI., p. 52, and Vol. XXI., pp. 13, 14.]
Feb.? 672. [The King] to [the Duke of York]. To make ready two ships and one of the Dutch prize ships for a voyage to New England. Also to provide arms and ammunition as per annexed list to be delivered ready for transportation, to Richard Nicolls. [Draft by Williamson with corrections.] Incloses,
Memorial for Sec. Bennet of ammunition and other necessaries to be provided for the intended voyage to New England
. [Col. Papers, Vol. XVIII., Nos. 30, 31.]
Feb. 25. 673. Warrant to Col. Wm. Legg, Lieutenant of the Ordnance. To deliver to [Richard] Nicolls packed for transportation the arms and ammunition as per annexed list, to be disposed of (for New England) according to his Majesty's directions. The list includes 500 firelocks, 500 matchlocks, pikes, pistols, 50 carabines, saddles, bridles, 2 mortar pieces, powder, match and ball, pickaxes, spades, and shovels, 2 brass sakers with field carriages, 1,000 bandoleers, holsters, bells, 500 swords, axes, hatchets, saws, wheelbarrows, hand baskets, tents, halberds, 6 drums, 3 colours, 40l. worth of nails and ironwork, one barrel of flint stones, and carriages and tackle for the mortars and sakers. Together 1 p. [Dom. Entry Bk., Chas. II., Vol. XX., p. 8.]
Feb. 27. 674. Instructions for Col. [Edward] Morgan, Deputy-Governor of Jamaica. To take charge of a packet for Sir Thos. Modyford, now at Barbadoes, who is appointed Governor of Jamaica, and to embark immediately on the Westergate bound thither, and deliver up the money to Sir Thos. designed for the King's service in Jamaica, with power to apply the same himself in case of the death or disability of Sir Thos. Modyford. 2 pp. [Col. Entry Bk., Vol. XCII., pp. 393, 394.]
Feb.? 675. Warrant to prepare a bill for the King's signature containing a grant to James Duke of York of lands in America from St. Croix, next adjoining to New Scotland, to Pemaquid, with Matawacks or Long Island abutting upon the mainland between Connecticut and Hudson rivers, also with Hudson's river, "and containing in length from east to west the whole length of the sea coast there between the said rivers." Also the islands of Block Island, Martin's Vineyard, and Nantuket, and all lands, &c. within said limits ; with powers of government, &c. This is probably a copy of the draft. It is undated, and has a few words at the end in the handwriting of Williamson. The Patent is dated 12th March 1664, see No. 685. [Col. Papers, Vol. XVIII., No. 32.]
Feb. 29.
Whitehall.
676. Copy of the preceding, but with this difference, that the words in inverted commas in the above are herein written, "and all the land from the west side of Hudson's river to the east side of Delaware Bay, all which are within the latitude 39 and 46 degrees, and containing in length from east to west the whole length of the sea coast." 2 pp. [Col. Entry Bk., No. 68, pp. 7, 8.]
Feb. 29.
Whitehall.
677. Copy of the preceding in one of Williamson's note books, who has written in the margin, "Grant to his Royal Highnesse in N. England." The King's bill is dated 8th March 1664, see No. 683. 3 pp. [Col. Entry Bk., No. 92, pp. 191-193.]
Feb. 29. 678. Another copy of the above. 2 pp. [Dom. Entry Bk., Chas. II., Vol. XVI., pp. 53-55.]
Feb. 29.
Whitehall.
679. Warrant to the Clerk of the Signet to prepare a bill for the King's signature for payment of 4,000l. to Sir George Carteret, Treasurer of the Navy, towards preparations for the service of New England. Signed by the King and countersigned by Sec. Bennet. 1 p. [Col. Papers, Vol. XVIII., No. 33.]
Feb.? 680. Another warrant to the same effect, but with the addition, to be by him paid over to Richard Nicolls, groom of the bedchamber to the Duke of York. A similar warrant is in Dom. Entry Bk., Chas. II., Vol. XVI., p. 82, dated 25th March. 1 p. [Col. Papers, Vol. XVIII., No. 34.]
Feb.? 681. Warrant to prepare a bill for the King's signature, to pass the Privy Seal, to Lord Willoughby, Governor of Barbadoes, to deliver to Sir Thos. Modyford, appointed Governor of Jamaica, sugars belonging to his Majesty to the value of 1,000l., to be employed towards the work of completing the Great Fort of Jamaica. 1 p. [Col. Papers, Vol. XVIII., No. 35.]
Feb. 29. 682. List of despatches for Jamaica, delivered to Col. Morgan in a black box locked up, 29th Feb. 1664, vizt., Sir Thos. Modyford's commission and instructions, and letters to him from the King and his Honour [Sec. Bennet] ; the Deputy Governor and Major's commissions ; letters to Sir Chas. Lyttelton from the King and Sec. Bennet ; one to Lord Willoughby from the King ; and instructions to Col. Morgan how to conduct himself in his passage, and in case of Sir Thos. Modyford's refusal, death, &c. 1 p. [Col. Papers, Vol. XVIII., No. 36.]