America and West Indies
March 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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191-196

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'America and West Indies: March 1664', Calendar of State Papers Colonial, America and West Indies, Volume 5: 1661-1668 (1880), pp. 191-196. URL: http://www.british-history.ac.uk/report.aspx?compid=76473 Date accessed: 29 August 2014.


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Contents

March 1664

March 8. 683. The King's bill containing a grant to Jas. Duke of York of lands in New England (see the Patent, dated 12th March, No. 685, where the boundaries are described). In this document, as also in the Privy Signet, the Privy Seal, and the Patent under the Great Seal, the words are, "and of all the land from the west side of Connecticut river to the east side of Delaware Bay," and not from the west side of Hudson's river, as written in three copies of the warrant to prepare this bill for the King's signature, dated 29th Feb. (see Nos. 676-678). Indorsed, "Charles R. Our will and pleasure is that this pass by immediate warrant. Entered at the Signett 10 Martii 1663-4. John Nicholas. Entered at the Privy Seal 10 Martii 1663-4. John Caule." [Privy Seal Bundle, No. 363, D. 1.]
March [10]. 684. Docquet of the Signet Bill, containing a grant to James Duke of York of lands in New England, of which the Patent passed under the Great Seal two days afterwards. [Signet Office. Docquet Bk., No. 15, p. 292.]
March 12.
Westminster.
685. Patent granting to James Duke of York, his heirs and assigns for ever, "all that part of the mainland of New England beginning in a place called or known by the name of St. Croix next adjoining to New Scotland in America, and from thence extending along the sea coast unto a certain place called Pemaquin or Pemaquid and so up the river thereof to the farthest head of the same as it tendeth northward, and extending from thence to the river of Kenebeque, and so upwards by the shortest course to the river Canada northward. And also all that island or islands commonly called by the several name or names of Matawacks or Long Island, situate, lying, and being towards the west of Cape Codd and the Narro-Higansets, abutting upon the mainland between the two rivers there, called or known by the several names of Connecticut and Hudson's river, together also with the said river called Hudson's river and all the land from the west side of Connecticut river to the east side of Delaware Bay, and also all those several islands called or known by the names of Martin Vineyards and Nantuckes, otherwise Nantuket, together with all the lands, islands, soils, rivers, harbours, mines, minerals, quarries, woods, marshes, waters, lakes, fishings, hawking, hunting, and fowling, and all other royalties, profits, commodities, and hereditaments thereto belonging, and the reversion and remainder thereof, together with the yearly and other rents, revenues, and profits in said premises ; to be held of the manor of East Greenwich in free and common soccage, yielding and rendering to the King, his heirs and successors, forty beaver skins yearly when they shall be demanded or within ninety days after. With absolute power and authority to correct, punish, pardon, govern, and rule all the King's subjects as shall from time to time inhabit within the same, according to such laws as shall be established by said Duke of York or his assigns, and in defect thereof in cases of necessity according to the good discretions of his deputies, commissioners, officers, or assigns, in all causes and matters capital, criminal, civil, and marine, so as they be not contrary to the laws of England, reserving to the King the hearing and determining of appeals. And likewise to revoke, discharge, and alter all Governors, officers, and ministers which shall by him be thought needful. Also to put in execution or abrogate said laws, not only within the precinct of said territories, but also upon the seas in going and coming to and from the same ; also for said Governors, officers, and ministers to exercise martial law in cases of rebellion, insurrection, and mutiny ; to admit persons to trade and traffic within said territories, and to possess and enjoy any lands there as they shall think fit according to the laws aforesaid, and under such conditions as the Duke of York, his heirs or assigns, shall appoint. With power to transport the King's subjects or any strangers not prohibited or under restraint towards the plantation of said territories, together with clothing, implements, furniture, and other things usually transported and not prohibited, on payment of the customs and duties thereon ; also with power of government and command to the Duke of York and the Governors, officers, or ministers appointed by him, over inhabitants of said territories, and to resist by force of arms, as well by sea as land, all persons attempting to inhabit said territories without special license of the Duke, his heirs or assigns, and all persons as shall attempt the destruction, invasion, or annoyance to the parts, places, or islands aforesaid or any part thereof. These Letters Patent or the inrollment thereof to be good and effectual in the law to all intents and purposes whatsoever. Palfrey in his History of New England II., 580, says, "I have never seen the Duke of York's Patent entire" : that part which relates to the boundaries has been more than once printed. [Patent Roll, 16 Car. II., Part 8, No. 6.]
Mar. 17.
Whitehall.
686. Commission to John [sic? Rich.] Nicolls to raise and arm [blank] foot in London and Westminster, with officers fit for conducting them into New England. Justices of the peace, mayors, &c. are charged to permit them to march to the place of embarking, and allow them conveniences at the usual rates. ¾ p. [Dom. Entry Bk., Chas. II., Vol. XX., p. 11.]
Mar. 20.
Barbadoes.
687. Sir Thos. Modyford to Sec. Sir Henry Bennet. Has received his letter of Jan. 11th, and will pay all dutiful obedience to his Majesty's commands. Has delivered the King's letter to his Excellency (Lord Willoughby), who readily gave them permission to publish the enclosed declaration. Has inserted in it more than was contained in his directions, being encouraged by the letters of Sir Jas. Modyford and Thos. Kendall, who wrote that they had it from the Duke of Albemarle's mouth that Sir Thos. might promise them those other things. Has already enlisted near 400 persons, and is well assured that three times that number will follow him before Christmas, whose enfeebled affairs will not permit them to go with Sir Thos. Indorsed, Rec. June 5, 1664, answered July 10. Incloses,
687. I. Declaration of Sir Thos. Modyford. That the King has appointed him Governor of Jamaica, and ordered him to make himself ready to depart in a ship of his Majesty's within six weeks, and to transport free all who shall be willing to be settlers in Jamaica, provided they take victuals enough for their passage and obtain the Governor's ticket for their departure. That his Majesty will allow full liberty of conscience to all modest and tender people, freedom from custom duties for 21 years, free grants of land, and free trade with all nations in amity, except in negroes, which are to be furnished by the Royal African Company. Signed by Sir Thos. Modyford, 1664, March 2nd. Together 2 pp. [Col. Papers, Vol. XVIII., Nos. 37, 37 I.]
Mar. 20.
Barbadoes.
688. Copies of preceding letter and declaration, the former dated March 10, and indorsed by Williamson, Rec. 5 July, the latter dated 3 March, and indorsed by Sir Thos. Modyford, Copy of my declaration, made 3rd of March. [Col. Papers, Vol. XVIII., Nos. 38, 38. I.]
Mar. 20.
Barbadoes.
689. Sir Thos. Modyford and P. Colleton to the Governor, Deputy Governor, and Court of Assistants [of the Royal African Company]. Regret that their actions have not given satisfaction, which they suppose is because Hayward returned home almost empty, and Dennis loaded with other men's effects, but were not to blame for this, as they sent bills to an amount that would have loaded the vessels with sugar twice over if any sugar had been stirring. If the time of year, the baseness of the people, and their suitable laws to protect them in it had been considered, would not have been accused of indiligence and want of foresight. Complain of the delay in executions for debt, and the goods being then left in the hands of the debtor for 80 days before the marshal can sell them, which before then are generally made away with. Endeavours of Modyford to prevent the debtor being trusted with the attached goods, but it could not be obtained, which does not in the least reflect on Lord Willoughby, who was very forward to relieve the creditors. His patent, however, orders the proceedings in the courts to be regulated with consent of his Council, who, being planters, carry it in favour of their brethren. If land is attached it is always appraised by five freeholders, who commonly put too high a price upon it, and even if sold, a new suit, execution, delays, and difficulties follow ; so that it is a miracle if a creditor ever gets his estate. It would be well to lay the matter before his Majesty. Have put Rouse in suit and will order execution as soon as possible. Few blacks put out after the crops had been gathered in, until one of the new negroes set fire to the houses of the rest, when others were put out to work. Their order shall be observed not to put any abroad while the Company's plantations can keep them. At St. Christopher's the ship seized by the Alleppine had been discharged, as she had not been within the Company's limits ; the negroes on her were sold to the French there. The Company's negroes sold at 2,400 lbs. of sugar per head. The price of 12l. to 15l. for boys and girls shall be observed, but it would have been well to have expressed their age. The plantation thrives under the care of a very honest overseer and two Christian servants, but more will soon be wanted. The provisions on the farm are expected to hold out until the next crop is gathered. Lord Willoughby has given his promise, in obedience to the King's letter, to restore the 320l. received on account of negroes, but has not yet performed it. The Speedwell arrived with 282 negroes, who have greatly lost in value owing to small-pox breaking out among them. The Success brought 193 blacks, and these, with Capt. Norbrook's, have produced the best of any. The Susan brought 230 negroes, which were not allowed to be discharged until the officers of the ship had proved they had not been within the Company's limits. Duke has been furnished with 30l. and the doctor with 9l. 13s., for inspecting the negroes at 12d. per head. Enclose a bill for 10l. 13s. 4d. to pay for a puncheon of beef ; the same price cannot be expected in future. Duke is sent home empty, as there is no chance of getting a cargo within a reasonable time. Bowles had touched at Curaçao and stood over for the main. From Surinam they hear that Wood has sold all his negroes at good rates, and will depart thence laden with his own effects in six weeks. Indorsed, "This letter was received 30 May, and answered 1st June." 3¼ pp. [Col. Papers, Vol. XVIII., No. 39.]
Mar. 22.
Port Royal.
690. Minutes of the Council of Jamaica. Present : Sir Chas. Lyttelton, Col. Sam. Barry, Maj. Thos. Fuller, Capts. John Mann and Peter Pugh, and Sec. Richard Povey. Ordered, that after the departure of Sir Chas. Lyttelton Sec. Povey and any two of the Council be empowered to act as if the Governor were present. The secretary to give notice to the gentlemen of the country for their best entertainment of the new Governor when he shall visit them. The Commander-in-Chief of each regiment to appoint a rendezvous in case of alarm. Several acts of Sir Chas. and Commissary Povey signed and discharged, according to an indent, by Sir Chas. at the tower. Power to be given to Samuel Johnson, as administrator of the late Coll. Michell, to let out his plantation at Lygonee. ½ p. [Col. Entry Bk., Vol. XXXVII., p. 23.]
Mar. 23.
Nevis.
691. An Act of the Assembly of Nevis concerning trials at law, providing that persons requiring trial by jury shall pay certain fees to the Provost-Marshal for providing them with meat and drink, &c. 1 p. [Col. Entry Bk., No. XLIX., p. 10.]
March 28-29. 692. Minutes of the Council of Barbadoes. Present : Governor Lord Willoughby, Henry Willoughby, Wm. Kirton, Edmund Reid, Jas. Browne, Peter Colleton, Ferdinand Gorges, Thos. Modyford, John Yeamans, Thos. Wardell, and Philip Bell. Reasons for their late proceedings against Sir Robert Harley : that he having assumed to himself full power of judicature in matters of equity, insolently refused to take a commission from the Governor, in accordance with his Excellency's commission : that the fees to the Keeper of the Seal for confirmations of land being fixed at 4 lb. sugar per acre, he exacted 30s. more for each confirmation, and extorted 10 lb. of sugar per acre for all "within the ten thousand acres." That when constituted Chief Judge of the Court of Revenue he notoriously and scandalously misbehaved himself, for he made the rest of the judges and suitors wait four or five hours every day, so that little progress could be made in the King's business. That he called one Bawden to the Bench and privately advised him to demur to an information of extortion exhibited against him, and when the judges were equally divided on Bawden's case, "he stood up more like a comedian than a judge, and said, Gentlemen, now it is in my power to carry it which way I please, and which of you will give me the lustiest bribe shall have it." That he hindered and baffled his Majesty's attorneys in their ordinary and usual proceedings, seditiously magnifying himself by declaring to bystanders how much he was for the liberty of the subject. That, contrary to his oath, he advised Robt. Gale what to plead to an indictment. That when entrusted with receiving the certificates and entering the bonds of trading ships, he suffered the Supply, in which he was concerned, to depart without giving security. That in that office he exacted extraordinary fees, refused to seal writs directed to the Escheator for the King's service, and would not when required by the Governor deliver up the seal or declare where it was hid, until he was imprisoned. That he violently pressed the keeping of the petitioning merchants in prison, declaring that they ought to be tried by a court of war. And when in prison confessed that he only asserted the liberty of the people, when he saw he had lost the Governor's affection. March 29.—Present : Col. Henry Willoughby, Deputy Governor, and Council. The King's letter to Lord Willoughby of the 17th of January last read, which acquaints him with the designs of the Dutch against the island, and requires care to be taken, to build forts for the safety of the island, preservation of the inhabitants, and to order the ships to sail in fleets for their common security. Certified copy, with the following mem. added : "Here ends all business transacted at the Council Board from the year 1660 to January in the year 1667. Except the years 1665 and 1666, in which years there is no manner of business, save only orders for the meeting of field officers." 6 pp. [Col. Entry Bk., No. XI., pp. 84-89.]
March 31.
Barbadoes.
693. Sir Thos. Modyford and P. Colleton to the Governor, Deputy Governor, and Court of Assistants [of the Royal African Company]. Intend sending 300 negroes to Nevis and St. Kitts, having about 200 now on their hands, which nobody here will buy, and received encouragement to do so from the Company's factors there. There has been a great mortality amongst them, which our chief physician, Dr. La Rouse, assures them is through a malignant distemper contracted, they think, through so many sick and decaying negroes being thronged together, and perhaps furthered by the small-pox in Capt. Carteret's ship. Most men refused to receive any of them, and Philip Fusseire, a surgeon, to whom they sold 20 at a low rate, lost everyone. Send account of sales and dead (wanting), also bill of 320l. from Lord Willoughby, and other bills for 580l. Capt. Chevers takes home 70 tons of sugar, beside cotton, at a low freight of 50s. per ton for sugar, and ¾d. per lb. cotton. Capt. Hunt will leave in four days with 35,000 lbs. sugar, beside gold and teeth. 1 p. [Col. Papers, Vol. XVIII., No. 39.]
March? 694. Petition of Capt. John Gregory to the King. Has been long prisoner in the Tower, insomuch that his health is much impaired and his small estate exhausted ; is not kindly treated by the King's old friends on account of his employment in the late wars, and is not kindly owned by others because of his principles, which are for peace and quiet subjection ; begs therefore that his Majesty will give order for transportation of him and Paul Hobson to Barbadoes and so to Jamaica ; Hobson will give security not to return without his Majesty's leave. [Dom., Chas. II., Vol. XCV., No. 99, Cal., p. 537.]