America and West Indies
April 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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196-205

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'America and West Indies: April 1664', Calendar of State Papers Colonial, America and West Indies, Volume 5: 1661-1668 (1880), pp. 196-205. URL: http://www.british-history.ac.uk/report.aspx?compid=76474 Date accessed: 19 September 2014.


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Contents

April 1664

April 2. 695. Commission from the Duke of York. Reciting the King's Letters Patent to him of 12th March last of lands in New England [see ante, No. 685], and appointing Richard Nicolls his Deputy Governor there with all the powers granted to the Duke by said Patent. 3 pp. [Col. Papers, Vol. XVIII., No. 40.]
April 2. 696. Reasons of the Council of Barbadoes against the execution of the place of Provost Marshal by Francis Cradock during life by patent under the Great Seal. Certified copy by Edward Bowden, Deputy Secretary. Calendared No. 759, with Order in Council and Report of Attorney-General thereon. 1 p. [Col. Papers, Vol. XVIII., No. 41.]
April 5-7.
Port Royal.
697. Minutes of the Council of Jamaica. Major Robert Freeman sworn Councillor. Lieut.-Col. Lynch chosen President in the absence of Sir Chas. Lyttelton until the arrival of another Governor. April 7.—Capt. Saunders, of the ship Nicholas, to give in to the Secretary an inventory of her lading, and to have full liberty to trade in the island. The justices to send in an account within 14 days, of what land may be taken up by the planters now coming from Barbadoes. ½ p. [Col. Entry Bk., Vol. XXXVII., p. 23.]
April 9. 698. Warrant to pay to Sir George Carteret the sum of 4,000l. to be paid to Rich. Nicolls for services in New England. [Dom., Chas. II., Docquets, Cal., p. 550.]
April 9.
Anta.
699. Resolution of a council of war held on board his Majesty's ship Jersey, riding before Anta. Having taken into consideration the insolencies of the Dutch upon this coast, and the many ways they have taken to destroy his Majesty's subjects, and to prejudice the Royal Company's affairs, especially in their design of destroying the factory at Anta ; said council consider it their duty not only to prevent the present designs of the Dutch, but to take or destroy the castle of Anta, if possible. It is, therefore, "our absolute result," that Capt. Peter Braithwaite be sent on shore to treat with the blacks, and in case he cannot, with 30 men and the help of the blacks, surprise said castle, to use all means to take same from the Dutch, or destroy it. Signed by Robert Holmes, Joseph Cubitt, Charles Talbot, Peter Bowen, Peter Braithwaite, Robert Fenn, John Ewers, John Holmes, and Samuel Browning. 1 p. [Col. Papers, Vol. XVIII., No. 42.]
April 13.
Whitehall.
700. The King to Francis Lord Willoughby of Parham, Gov. of Barbadoes. Has received his letter concerning Sir Robert Harley and is well satisfied with his proceedings in that business. Requires him vigorously to prosecute all that may best conduce to the settlement and advantage of Barbadoes ; and if Sir Robert Harley make application to the King, his Majesty will forbear any determination until his Lordship's reasons and answers have been heard. 1 p. [Dom. Entry Bk., Chas. II., Vol. XIV., p. 20.]
April 15. 701. Warrant to the Mayor, Recorder, Aldermen, Justices, and Sheriffs of Exeter, and to the Keeper of the prison. Whereas Richard Tilley, baker of Exeter, a condemned prisoner in their custody, was always of honest conversation, and behaved as a good subject in his Majesty's father's service, and has petitioned to be banished out of this kingdom ; his Majesty hereby requires them to send said Richard Tilley to Jamaica or any other his Majesty's Foreign Plantations, there to remain banished. 1 p. [Dom. Entry Bk., Chas. II., Vol. XVII, p. 28.]
April 21. 702. Proceedings in the House of Commons on the reading by Mr. Clifford of the report of the Committee for Trade. Wherein it was resolved that the several wrongs, dishonours, and indignities done to his Majesty by the subjects of the United Provinces, by invading of his rights in India, Africa, and America, and the damages, affronts, and injuries done by them to our merchants, be reported to the House as the greatest obstruction to our foreign trade, and that the House would support the King with life and fortune against all opposition. A conference thereon was desired with the Lords and Mr. Clifford and others appointed to manage it. [Dom., Chas. II., Vol. XCVII., No. 15, Cal., p. 562.]
April? 703. Petition of Edward D'Oyley, late Governor of Jamaica, to the King. Petitioner lying under the discouragement of the late evil times for his known principles of loyalty, accepted the command of a regiment of foot in the late expedition against Jamaica, which being brought into the power of the English he remained there several years a colonel, until the death of Colonel Bryan, when he was unanimously chosen Governor. This office petitioner continued to hold during the life of Cromwell, at whose death petitioner was compelled to inflict punishments upon mutinous and seditious persons to prevent anarchy, but being then without the formality of a Commission, petitioner is liable to be called in question for same. Prays for his Majesty's grant of pardon for all treasons, murders, felonies, and misdemeanors committed from the time petitioner was made Governor until 1 June 1661 when he received his Majesty's lawful Commission. Signed by the petitioner ; also a draft of the same petition with corrections. 2 papers. [Col. Papers, Vol. XVIII., Nos. 43, 44.]
April? 704. Warrant to prepare a bill for the King's signature to pass the Great Seal, containing a grant of pardon in the terms requested in Col. Doyley's petition, with non obstantes of the Statutes 13 Ric. II. and 10 Ed. III., and such other clauses as shall be requisite to make the pardon most full and effectual. Draft with corrections. The pardon is dated May 5, see No. 734. 1 p. [Col. Papers, Vol. XVIII., No. 45.]
April 23. 705. Copy of the preceding. [Dom. Entry Bk., Chas. II., Vol. XVI., p. 106.]
1664? 706. "Considerations in order to the establishing his Majesty's interests in New England." The King judging it convenient for his interests in New England to accept the surrender of Mason's patent for the Province of Hampshire on conditions already agreed upon, and Ferd. Gorges being in treaty for the surrender of his patent for the Province of Maine, it may be necessary that their surrenders and what is to be done in order thereunto be forthwith prosecuted. That Commissioners be sent with instructions to enable them to effect what is intended by the King. That they proceed first to Portsmouth, Province of Hampshire, where are very many persons, some of great estates, well inclined to admit the King's interests there, and the generality well affected as far as they can, being lately oppressed by the more potent corporation of the Massachusetts. That they make known to the best inclined persons in the Provinces their commission, and that the King hath now a propriety as well as a dominion by the surrender of the grants to the ancestors of Mason and Gorges, and will employ his care and indulgence for their further prosperity. To give a good and secure title of inheritance to all in possession of lands or tenements and who desire a confirmation under the King's authority "upon such small acknowledgments as shall be almost insensible to them that shall receive so considerable an advantage thereby," paying only the 20th penny of the present yearly value for rent and one 20th penny by way of fine. That as soon as they find a fit temper in that people they then treat about the improvements of trade and the supply of timber, cordage, tar, &c., and endeavour to show the advantages of a better confidence and correspondence with England, by their cheerful submission to the regulations of trade for his Majesty's dominions and plantations, although by the letter of their grant in their first infancy they may seem exempted from payment of any customs but by their own consents. The encouragements to all who submit to said regulations, but if any town or province do not submit they will not be allowed to trade with England or any other colony. The Commissioners to have power to separate and join others in commission with them. No applications or demands to be made to Boston until the King's unquestionable right of propriety to Hampshire and Maine be in a good measure settled. To aim at and obtain, in this first attempt, a submission to the King's new right upon those two Provinces and to the settlement of trade and customs there, although the Massachusetts may perhaps not be so soon brought to it, after which instructions may be framed for the Commissioners ; "and whilst they shall be found not to intermeddle with their government or matters of religion, the stiff and factious party will want pretensions for stirring up the people to an eager opposition of the fair and reasonable proceedings of the Commissioners." Arguments upon the whole matter, "scarce any future accident or state of affairs can in any probability render the reduction of that doubtful people more feasible than at this point of time they may be found to be by the easy methods here proposed, which being rather a means of insinuation than of force cannot put his Majesty's interests there into a much weaker condition than they are in at present should they fail of their effect." Lord Clarendon is supposed to be the author of this Paper, see Palfrey's History of New England, II., 578. 5 pp. [Col. Papers, Vol. XVIII., No. 46.]
1664. 707. Estimate of the expenses "relating to the expedition of the Commissioners to New England." If the number be five to allow 500l. each by way of advance, out of such rents, fines, and customs or other profits as shall be raised by them out of New England ; also 300l. for clerks, at the discretion of the Commissioners, and a further 200l. for attending the solicitation and despatch of the grants and fees relating to this affair. Total, 3,000l. A fourth-rate frigate should be appointed for transporting the Commissioners, and a small ketch to attend them. The composition to be finished with Ferdinando Gorges. 1 p. [Col. Papers, Vol. XVIII., No. 47.]
April 23.
[Westminster.]
708. Commission to Col. Rich. Nicolls, Sir Robt. Carr, Geo. Cartwright, and Sam. Mavericke, or any three or two of them, or their survivors, whereof said Col. Nicolls during his life to be always one and upon division of opinion to have a casting voice, to visit the several colonies of New England, and to examine and determine all complaints and appeals in all causes, as well military as criminal and civil, and proceed in all things for settling the peace and security of that country according to their discretions and such instructions as they receive from the King in that behalf. Copy examined, G. Palmer. Printed in New York Documents, III., 64, 65. 4 pp. [Col. Papers, Vol. XVIII., No. 48.]
April 23.
Westminster.
709. Copy of the preceding, dated by mistake April 25. 3 pp. [Col. Papers, Vol. XVIII., No. 49.] Also entry of said Commission. [Col. Entry Bk., Vol. XCII., pp. 205-209.]
[April 23.] 710. Draught of the above, but the names are not filled in, and the last paragraph is omitted. Corrected and indorsed by Williamson. 1½ pp. [Col. Papers, Vol. XVIII., No. 50.]
April 23.
Whitehall.
711. Instructions for Col. Rich. Nicolls, Sir Robert Carr, Geo. Cartwright, and Sam Maverick, Commissioners appointed to visit Massachusetts. To assure the Governor and Council of the King's good intentions towards the colony, and that the chief object of their journey is to remove all jealousies and misunderstandings caused by the late "confusion." To discourse upon the best means to reduce the Dutch in Long Island or anywhere within the King's dominions, and upon the evil consequences likely to ensue, if they be still allowed to have a Government of their own. To ascertain the condition of the Indian Kings and Princes, what treaties have been made and how observed, that no violations may be permitted. To inquire what has been done towards the foundation and maintenance of any college or schools. To observe great caution before listening to accusations against those who are or have been in authority. To examine into the administration of justice, and to see that no one is debarred the free exercise of his religion, according to the laws of England. To apprehend all persons who stand attainted of high treason, and to discover those who have entertained them since the restoration, that better care may be taken for their future behaviour. To see that the Act of Navigation be punctually observed, and to make particular inquiries into the whole frame and constitution of the Government. Printed in New York Documents, III., 51-55. 8 pp. [Col. Papers, Vol. XVIII., No. 51.]
[April 23.] 712. Another copy of the above. 14 pp. [Col. Entry Bk., Vol. XCII., pp. 224-237.]
April 23. 713. "Secret instructions for the Commissioners employed by the King to the plantations in America in and about New England to be considered and communicated only to themselves." The main object of their employment is to ascertain the true state of those several colonies ; to gain the good opinion of the principal inhabitants, so as to lead them to desire a renewal of their charter ; to secure, in the first place, possession of Long Island, and to reduce the people to obedience to the King's Government, that the whole trade may be carried on by the English. To land at Boston, but if compelled to put first into Long Island, particular instructions are given for their guidance ; should they not meet with the reception expected or the assistance required from Massachusetts, they must visit Connecticut, New Plymouth, and Rhode Island, and try and get support from thence. To examine carefully the first and second charters granted by Charles I., and any others since granted ; to inquire into all laws passed during the late usurping Government ; to be very particular not to give offence to either of the religious sects ; to frequent their churches and to be present at their devotions. On the subject of religious controversies they are particularly instructed ; "it will not be rational to appear solicitous to make any change in the matter of religion ;" to press the Governor to call a General Assembly, and to do their utmost to have members chosen who are most inclined to promote the King's service ; the nomination or approbation of their Governor, and the appointment of the commander of the militia, "we could heartily wish should be gained upon them" Dick Nicolls for their Governor, and Colonel Cartwright for Major-General. Printed in New York Documents, III., 57-61. 10 pp. [Col. Papers, Vol. XVIII., No. 52.]
[April 23.] 714. Another copy of the above. 15 pp. [Col. Entry Bk., Vol. XCII., p. 209.]
April 23. 715. The King to the Governor and Council of the Massachusetts Bay. Having taken very much to heart the welfare and advancement of the plantations in America, and particularly that of New England, which in truth hath given a good example of industry and sobriety to all the rest, whereby God hath blessed it above the rest, and desiring the conversion of infidels and pagans, which ought to be the chief end of all Christian plantations, the King has thought fit to send Commissioners to take a view of the good Government there and receive full information of the true state and condition of that plantation and of their neighbours on all sides, so that his Majesty may the better judge what he is to do either for the better repairing of any thing that is amiss, or the better improving and encouragement of what is good. The King explains under six heads his reasons for sending the Commissioners, viz., to discountenance, suppress, and utterly extinguish all unreasonable jealousies and malicious calumnies that the King's subjects in those parts do not submit to his Majesty's Government, but look upon themselves as independent upon us and our laws, and that the King has not confidence in their affection and obedience, all which lewd aspersions must vanish upon this his extraordinary and fatherly care manifested in the instructions given to his Commissioners. That all the King's good subjects may know how far his Majesty is from the least intention or thought of violating or in the least degree infringing their charter or restraining the liberty of conscience thereby allowed, the support and maintenance of which the King believes is at present as necessary as ever, and therefore is very willing to confirm and renew. That all differences betwixt the several colonies upon their bounds, limits, and jurisdictions may be composed ; all which will be easily reconciled by the Commissioners upon the place or by a just determination upon a matter of right, or representation to the King in cases of difficulty. That the King may receive full and particular information of the state and condition of the neighbour Princes, from some of whom his Majesty has received addresses of great respect, though not without some complaint or insinuation of injustice or hard measure exercised towards them from the colonies, to which Princes the Commissioners will, if necessary, repair in person and assure them of the King's friendship and protection from injustice and oppression. That the plantations may be protected from the invasion of their neighbour nations and the possession of any lands or territories by them provided against, as the Dutch have lately possessed lands to the great prejudice of the King's subjects and the obstruction of trade, so his Majesty desires they will join and assist his Commissioners vigorously in recovering his right in those places now possessed by the Dutch, and reducing them to obedience and submission to the King's Government, in which case they are to be treated as neighbours and fellow subjects, and enjoy quietly what they are possessed of by their honest industry. That the Commissioners should confer with the Governor and Council of the Massachusetts on the subject of the King's former letter of June 28th, 1662 [see ante, No. 314], and their answer of 25th November following, "of which we shall only say that the same did not answer our expectation nor the profession made by your said messengers," but the King makes no doubt the Governor and Council will give him satisfaction in all he looks for at their hands. Has now imparted the most important reasons for this extraordinary charge in sending Commissioners, and doubts not their proper reception and treatment of them. This letter to be forthwith communicated to the Council, and a General Assembly called within 20 days and this letter read to them. Printed in New York, Documents, III., 61-63. 6½ pp. [Col. Papers, Vol. XVIII., No. 53.]
April 23. 716. Another copy of the above. 8 pp. [Col. Entry Bk., Vol. XCII., pp. 195-204.]
April 23.
Whitehall.
717. Instructions to Col. Rich. Nicolls, Sir Robt. Carr, Geo. Cartwright, and Samuel Mavericke, Commissioners for the visitation of our Colony of Connecticut. To find out the full difference between them and the Massachusetts, both in their civil and ecclesiastical estate. "We conceive those of Connecticut to contrive themselves under the most rigid Presbyterian Government, so that you will find their neighbours free enough of their censures of them, of all which you will make no other use than for your own information how to govern yourselves." To declare their firm resolution to maintain the charter, without the least restraint of freedom of religious opinions. To confer with Mr. Winthrop upon the pretences of those of Rhode Island, the charter having passed the Great Seal rather upon the good opinion and confidence the King had in Winthrop than that the differences were composed on the boundaries. To inform themselves what was done about the year 1644 in reference to the purchase of a large tract of ground about the Narrangansett Bay from the chief Sachem, the formal transfer remaining still in the hands of Sam. Gorton, John Wicks, and Randall Houlden who inhabit at Warwick in Rhode Island and let the Sachems know the King will do them justice. If found belonging to his Majesty then to be called King's Province, and the inhabitants to be left undisturbed. To inform themselves what encroachments are made by any foreigners and resolve upon the most effectual means of reducing them to the King's obedience or removing them. To find out what Letters Patents have been heretofore granted, and how the lands so granted are possessed and cultivated, so that if the intention of said grants have not been pursued the King may "avoid" the same. To inform themselves what ironworks are already erected, the conveniences for others, the nature of the ore, &c. And of the discovery of any mines of gold or silver, so that the King may receive the fifth part as reserved by their charter. Printed in New York Documents, III., 55, 56. 5 pp. [Col. Papers, Vol. XVIII., No. 54.]
[April 23.] 718. Another copy of the preceding. 6 pp. [Col. Entry Bk., Vol. XCII., pp. 238-243.]
April 23. 719. The King to the Governor and Council of Connecticut. Has sent his Commissioners according to the resolution declared to Mr. Winthrop when the King renewed their charter, and makes no question said Commissioners will be respectfully received by them. Their liberties and privileges, whether ecclesiastical or civil, the King will not suffer to be violated in the least degree, which is the principal business of the Commissioners, as likewise to take care that the bounds and jurisdictions of the several colonies there may be agreed upon, and especially that the natives receive justice and civil treatment. 1 p. [Col. Papers, Vol. XVIII., No. 55.]
April 23. 720. Another copy of the preceding. 1¼ pp. [Col. Entry Bk., Vol. XCII., pp. 245, 246.]
[April 23.] 721. An additional instruction to the Commissioners as above. To observe so much of their instructions for the Massachusetts and Connecticut as may be applied to New Plymouth and Rhode Island, referring other things to their own discretion, only as to Rhode Island to let them know the Commissioners have a present of two rich scarlet cloaks from the King to the two Kings who expressed so much affection to his Majesty upon the delivery of their charter. 1 p. [Col. Entry Bk., Vol. XCII., p. 244.]
April 23. 722. The King to the Governor and Council of New Plymouth in New England. Need not enlarge upon his care and affection in sending Commissioners to visit them, that his Majesty may have a full account of their present condition and how it may be improved by any further acts of grace and favour from the King to them. Will no more suffer them to be oppressed by any foreign powers or ill neighbours than his Majesty will other of his subjects, so is the King's care no less that they should live amongst themselves and with others as become subjects born under the same Prince and in the same country and of the same faith and hope in the mercies of our Lord and Saviour Jesus Christ. Has referred all differences as to bounds and jurisdictions of their several colonies to said Commissioners. Their late address gave his Majesty good satisfaction and leaves no doubt that they will receive these Commissioners as becomes them, who will let them know the King's resolution to preserve all their liberties and privileges without the least violation. 2 pp. [Col. Papers, Vol. XVIII., No. 56.]
April 23. 723. Another copy of the preceding. 2 pp. [Col. Entry Bk., Vol. XCII., pp. 248, 249.]
April 23. 724. The King to the Deputy Governor, Governor, [sic] Assistants, and Freemen of Rhode Island and Providence Plantations. Acknowledges their thanks for their charter in their letter to the Lord Chancellor. Assures them of the continuance of all their liberties and privileges, without the least violation and of his Majesty's favour towards them upon all occasions. The King has according to his purpose often declared to them, sent his Commissioners to visit his several colonies of New England, to hear all complaints and reduce all things there to the rules prescribed in the several charters, and in the point of bounds to put an end to all differences, and in case of contradictions in said charters to settle some agreement by mutual consent, in case of great difficulty to refer same to his Majesty. 2 pp. [Col. Papers, Vol. XVIII., No. 57.]
April 23. 725. Another copy of the preceding. 2 pp. [Col. Entry Bk. Vol. XCII., pp. 246, 247.]
726. Mem. for a Privy Seal for the payment of 800l. to George Cartwright, for the use of the King's Commissioners employed for the visitation of the Colonies in New England. [Col. Papers, Vol. XVIII., No. 58.]
[April.] 727. Petition of Sam. Mavericke to the King. Acknowledges the King's favour in appointing him one of the Commissioners for New England, and to have received 250l. towards his setting forth, but having expended at least 500l. prays that the Royal bounty may be extended to him somewhat further. [Col. Papers, Vol. XVIII., No. 59.]
April 26. 728. Commission to Capt. Thos. Owen to raise and arm 100 men in England, to be employed in the service of the Royal African Company, with officers fit for transporting them into Africa. ½ p. [Dom. Entry Bk., Chas. II., Vol. XX., p. 13.]
April 28. 729. Commission to Sir Ellis Leighton and Joseph Williamson to take charge on the King's behalf of the moiety or half part reserved to the King of all forfeitures or prizes of ships, negro slaves, goods, wares, or any merchandise seized by the Royal African Company, they having by Letters Patent the right to make seizure of all such goods carried to places mentioned in their charter, and to reserve one half of such prizes to themselves, paying over the other half to his Majesty. [Dom., Chas. II., Vol. XCVII., No. 57, Cal. p. 571.]
April 29. 730. Warrant to pay to Col. Wm. Legg, lieutenant of ordnance, the sum of 2,021l. 12s. 9d. for furnishing the plantation of New England with ordnance. [Dom, Chas. II., Docquets, Cal., p. 573.]
April 29. 731. Petition of the Council and Assembly of Nevis to Francis Lord Willoughby, Governor of Barbadoes and the rest of the Caribbees. Acknowledge the blessing of God in the almost miraculous restoration of King Charles the Second, "whose appearance like the rising of the sun soon dispelled all those condensed fogs of malignity and oppression in that almost depraved nation." Complain that whereas they formerly enjoyed freedom of trade with all nations in amity with his Majesty, they are now debarred from same, by the self-driving interest "of some not well affected to our well being." Many of the meaner sort were wholly employed in the manufacture of tobacco, whereon they lived comfortably, but now that supplies come only from English ports where tobacco is no commodity, and not being able to produce sugar, they are forced daily to desert the island. Beg his Excellency to intercede with his Majesty for their re-enjoyment of their former freedom of trade, so they may transport their goods to any country in amity with England, whereby they conceive his Majesty's revenue by customs may be much augmented, and his Majesty's poor subjects encouraged to continue their stations. Signed by Jas. Russell, R. M. Russell, John Procter, Mich. Smith, Walter Symonds, Fra. Kaynell, William Freman, Rob. Trevethick, Dav. Nowell, Daniell Lanhukner (?), Albine West, and Geo. Gardyner of the Council ; and by Fra. Morton, John Jenkins, John Smith, Rob. Overton, William Childes, Roger Earle, Thomas Bartlet, John Eade, and John Hughes of the Assembly. ? inclosure to No. 804. 2 pp. [Col. Papers, Vol. XVIII., No. 60.]
April 29.
Nevis.
732. The Assembly of Nevis to Francis Lord Willoughby. Jointly submit to his Majesty as their Proprietor and to his Excellency as his Majesty's Lieutenant, and pray him to accept this their acknowledgment of 4½ per cent. to his Majesty, during the term of his commission, out of which they supplicate that his Majesty's forts and standing guards may be maintained. Signed by John Jenkins, Francis Morton, John Hughes, Robert Overton, John Eade, Roger Earle, John Smith, Willm. Childes, Willm. Howard, Francis Summers, Thomas Bartlet, and Joseph Grover. 1 p. [Col. Entry Bk., No. 49, p. 9.]
April? 733. Petition of Paul Hobson and Capt. John Gregory to Sec. Bennet. To remind the King of their petition for leave to go beyond sea as far as Jamaica, which Sir John Robinson presented five weeks ago, and reported to have been well received. [Dom., Chas. II., Vol. XCVII., No. 81, Cal., p. 574.]