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March 8.
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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.]
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March [10].
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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.]
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March 12.
Westminster.
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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.]
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Mar. 17.
Whitehall.
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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. p. [Dom. Entry Bk.,
Chas. II., Vol. XX., p. 11.]
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Mar. 20.
Barbadoes.
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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,
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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.]
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Mar. 20.
Barbadoes.
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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.]
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Mar. 20.
Barbadoes.
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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 Curaao 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." 3 pp. [Col. Papers,
Vol. XVIII., No. 39.]
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Mar. 22.
Port Royal.
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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. p. [Col. Entry Bk.,
Vol. XXXVII., p. 23.]
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Mar. 23.
Nevis.
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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.]
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March 28-29.
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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.]
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March 31.
Barbadoes.
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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 d. 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.]
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March?
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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.]
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