America and West Indies
June 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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212-220

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'America and West Indies: June 1664', Calendar of State Papers Colonial, America and West Indies, Volume 5: 1661-1668 (1880), pp. 212-220. URL: http://www.british-history.ac.uk/report.aspx?compid=76476 Date accessed: 22 October 2014.


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Contents

June 1664

June 4-25.
Port Royal.
746. Minutes of the Council of Jamaica. Present, Gov. Sir Thos. Modyford, Col. Edw. Morgan, Maj.-Gen. John Modyford, Lt.-Col. Thos. Lynch, Lt.-Col. John Coape, Capt. John Man, Thos. Fuller, Maj. Robt. Freeman, Maj. Wm. Ivey, and Peter Pugh, Sec. Ordered that all officers, both military and civil, continue in their offices until further notice. Lieut.-Gen. Edw. Morgan, Maj.-Gen. Modyford, Capt. John Man, Major Wm. Ivey, and Sec. Peter Pugh sworn of the Council. The Governor's oath administered to Sir Thos. Modyford. Copies of the oaths.
June 6.—Lieut.-Col. Thos. Lynch, Col. Sam. Barry, and Lieut.-Col. Archbold sworn councillors.
June 9.—Lieut.-Col. John Coape and Maj. Thos. Fuller sworn councillors. Capt. John Gaywood and Bartholomew Font sworn Deputy Marshals. Commission to be drawn empowering Capt. Rutter to reduce the runaway negroes on the north side. Mr. Nicolls to be recommended as minister to the parishioners of St. Thomas', and to have an order from the Surveyor-General for 300 acres in the centre of the parish for him and his successors for ever. Mr. Sellers, minister, to be recommended to the parishioners of St. Andrews, and Mr. Howson, minister, to those of St. David's. The public seal to be delivered into the custody of Lt.-Gen. Edw. Morgan, Maj.-Gen. Modyford, and Major Ivey, with power to determine any case of equity or passing of grants. Order of Governor Sir Thos. Modyford and Council that a commission be granted to Captain Abraham Rutter to assemble a number of persons for apprehending certain runaway blacks from Barbadoes who have committed murder and other felonies upon the north side of the island, and in case of resistance to slay and kill said slaves. In case any be taken who have no proprietors, such negroes to belong to the takers and their heirs for ever ; and for such as belong to the inhabitants of Jamaica the takers shall receive 5l. reward.
June 11.—Similar order. That all subjects of his Catholic Majesty are to be treated, by the King's commands, as friends and allies, and prize is not to be made of their ships or goods by virtue of any commission heretofore granted or under any other pretence whatever.
June 25.—Capt. Thos. Ballard sworn councillor. 6 pp. [Col. Entry Bk., No. 34, pp. 91-93, 117-120.]
June 7. 747. Deposition of Stephen Ustick, late commander of James Island, in the river Gambia. On the 4th or 5th Dec. 1661 Morgan Facy, commander of Charles Island in said river, gave leave to Francis Franson de Sluyter, commander of the Black Eagle, belonging to the West India Company of Amsterdam, with Petro Justo Bacque and Jan Vandervoort, two factors from Cape Verd, to trade in the river, who coming to anchor before James Island, after having been some time with said Facy, told Ustick they would give him 1,000 pieces of 8 and goods to the value of 500 pieces of 8, if he would deliver up said island ; that they had brought 30 soldiers to settle there, and that they "had some assurance from one that had a greater command than this deponent ;" but Ustick replied that none should command him to betray his trust, that he scorned both their money and goods, and as long as he had powder and shot they should never effect their desires ; on which the Dutch went away to trade at Vintan. Soon after came Capt. Quick of the Kingsale and Patrick Robertson, factor for the Dutch, who said it was better to let the Dutch have the island for so much goods, for if ever any ships arrived from the Royal Company James Fort would be slighted, but this deponent utterly refused. On 25th Jan. 1662 said factors came again with their former discourse, saying the negroes would surely cut them off, that the Royal Company were no more a company, and the Dutch would give him a ship and provisions to carry himself and his men away. But Ustick commanded them to depart, or he would proceed against them as enemies, upon which they went down and stayed two days at Charles Island. On 19th June 1662 the King of Barra sent word there were two Dutch ships come over the bar, and he believed they meant no good to the English. On 21st, when said ships came within shot, deponent fired to bring them to anchor, but the wind being strong, they passed by after this deponent had shot 20 guns at them, and they 15 or 16 at the King's flag. Then they went to Vintan, and declared to Capt. Manoel Vas de Franca and Manoel Aluris de Britto, the Portuguese Commander-in-Chief and chief merchant, "that though that young fellow at James Island was so quick at their coming in, they were resolved to have the said fort ere they went out," and had 100 men for that business. On 2nd July they came by again at night, and this deponent fired at the biggest and shot away her topmast. In December 1661 Justo Bacque gave the King of Barra brandy and linen to war with the English by land, for he was come with his ship "to rout them out of the river," and once the King attacked Charles Island, but were repulsed with loss, and after peace was made with the negroes they declared that the Dutch factor moved them to war, and promised them great things. 2¼ pp. [Col. Papers, Vol. XVIII., No. 69.]
June 8. 748. Report of Sir Geoffrey Palmer, Attorney-General, in obedience to the King's commands, on petition of Ferdinando Gorges, grandson of Sir Ferdinando Gorges [see ante, No. 64]. That Sir Ferdinando obtained a grant of the Province of Maine, 15 Car. I., which he governed for some years without disturbance, and expended about twenty thousand pounds in the plantation thereof. That he was in actual service for the King during the unhappy wars, whereby he was a great sufferer, plundered and imprisoned several times, and thereby disabled from further expense in carrying on said plantation, and his commissioners forced to return by the then pretended Commissioners for Foreign Plantations, and so lost the possession. The inhabitants then petitioned the Governors of the Massachusetts or bay of Boston to take them under their Government, which they did, and have continued under their Government ever since. That petitioner's commissioners since his Majesty's restoration have endeavoured to take possession of said Province for petititioner, being heir to his grandfather, but have been hindered by said Governor of Massachusetts, who required said commissioners to proceed no further until they had order from the supreme authority of England, all which is certified. Certified copy by Michael Brighouse. 2 pp. [Col. Papers, Vol. XVIII., No. 70.]
June 8. 749. Another copy of the preceding. 2 pp. [Col. Papers, Vol. XVIII., No. 71.]
June 11.
Whitehall.
750. The King to the Inhabitants of the Province of Maine. Recites above report of Sir Geoffrey Palmer on petition of Ferdinando Gorges, grandson of Sir Ferdinando Gorges, touching his title to the Province of Maine. Has taken the whole matter into consideration and finds the petitioner's allegations and said report so consonant that the King has thought fit to require them forthwith to make restitution of said Province unto petitioner or his commissioners, and to deliver to him or them the quiet and peaceable possession thereof, "otherwise that without delay you show us reason to the contrary." 3 pp. [Col. Papers, Vol. XVIII., No. 72.]
June 11. 751. The King to the Governor of the Massachusetts Colony and Council of New England. The second letter was directed thus, To the inhabitants of the Province of Maine in New England. Copy of the preceding letter. 5 pp. [Dom. Entry Bk., Chas. II., Vol. XIV., pp. 28-30.]
June 13.
Whitehall.
752. Warrant to the Clerk of the Signet. To prepare a bill to pass the Privy Seal, authorising and requiring Francis Lord Willoughby of Parham, Governor of Barbadoes, to deliver to Sir Thomas Modyford, Bart., Governor of Jamaica, or his assigns, sugars belonging to his Majesty in Barbadoes to the value of 1,000l., to be employed towards the finishing of the Great Fort of Jamaica, necessary for the security of that island. ½ p. A docquet of this warrant is dated June 29th. [Dom. Entry Bk., Chas. II., Vol. XVI., p. 150.]
June 15.
Whitehall.
753. The King to Sir Thos. Modyford, Governor of Jamaica. His Majesty cannot sufficiently express his dissatisfaction at the daily complaints of violence and depredations done by ships, said to belong to Jamaica, upon the King of Spain's subjects, to the prejudice of that good intelligence and correspondence which his Majesty has so often recommended to those who have governed in Jamaica. He is therefore again strictly commanded not only to forbid the prosecution of such violences for the future, but to inflict condign punishment on offenders, and to have entire restitution and satisfaction made to the sufferers. 1 p. [Col. Papers, Vol. XVIII., No. 73.]
June 15.
754. Entry of the above. 1 p. [Dom. Entry Bk., Chas. II., No. XVI., pp. 41, 42.]
[June 15.] 755. Draft of the preceding, with corrections in the handwriting of Williamson. 1 p. [Col. Papers, Vol. XVIII., No. 74.]
June 15. 756. Petition of the Royal African Company to the King. Have eight ships with ladings, worth 50,000l., ready to depart for supply of garrisons and factories along the whole coast of Africa : have received insolent protests and threats from the Dutch at Castle de Mina, who propose to put down the English trade by force, and are said to have sent ships of war that way ; petitioners having laid so liberally the foundations of the trade for the good of the nation and support of the very being of the American plantations (which must fall with the loss of the African trade through want of negro servants), pray for the Royal protection, and for a convoy of ships to protect their intended expedition along the whole coast of Africa from Cape Verd to Cape Lopez. [Dom., Chas. II., Vol. XCIX., No. 83, Cal., p. 617.]
June 16. 757. Grant to John Collins, Gent., of the moiety of the rents and profits reserved for the Island of Barbada, alias Barbuda, in America, for the residue of the term of seven years, for which it is granted to Francis Lord Willoughby, with a further grant of said island for 31 years, rendering yearly four per cent. for all goods of the production of the island exported, or such duties as shall be payable for any goods brought from Jamaica. Indorsed, June the 16th, 1664. See also ante, Nos. 514, 745. [Dom., Chas. II., Docquets.]
June 17.
Barbadoes.
758. Governor Lord Willoughby to the King. A Spanish ship had arrived from Cadiz on the part of the Royal African Company to take 1,000 negroes to the Spanish main, but owing to the short notice given, the factors had only been able to supply 800. The captain on being told that he would be allowed, promised to come again for other trade, which will be beneficial to the island and his Majesty, who reaps no advantage from the present traffic. Has obeyed his Majesty's command, and not demanded the tax of 10 pieces of eight on each of these negroes. The money coming in is only sufficient to pay the assignments which his Majesty has put upon his revenue, for paying the creditors of the Earl of Carlisle. If Lord Willoughby had not had a little credit of his own he could not have settled Sta. Lucia ; has placed a number of men in that island of which he hopes to send his Majesty a particular account. 3 pp. [Col. Papers, Vol. XVIII., No. 75.]
June 22.
Whitehall.
759. Order of the King in Council. Certain reasons of the Council of Barbadoes having been presented by William Willoughby against the grant under the Great Seal of England, of the Provost-Marshal's place to Fras. Cradock for life, Capt. George who brought same from Barbadoes is ordered to attend the Attorney-General with said reasons, who will report to the Board his opinion thereon. Annexed,
759 I. Reasons of the Council of Barbadoes against Mr. Cradock's appointment. That the Provost-Marshal is in nature of a sheriff, and he ought not, therefore, to continue in office beyond one year. Unless the Provost-Marshal give proper security there will be no remedy against his or his deputy's acting unfaithfully ; and claiming under the Great Seal, he conceives himself not obliged to give such security. If these officers are not accountable to the authorities in the island, they will grow careless and neglect their duties.
759 II. Report of Sir Geoffrey Palmer, Attorney-General, to the King. Finds that by Letters Patent of 2 Aug. 1660 the office of Provost-Marshal General of Barbadoes was granted to Fras. Cradock for life ; also that by Letters Patent of 12 May [mistake for June] 1663 Fras. Lord Willoughby of Parham was appointed Governor of Barbadoes and all the Caribbee Islands, with power to make sheriffs and other officers there, and orders and ordinances as near as may be to the laws of England. It is alleged on behalf of the Governor and Council that the authority claimed by said Cradock is the same in substance with the office of sheriff in England, and that the office of sheriff is distinct from the office of Provost-Marshal, and that process of law ought to be executed there by the sheriff, which allegations said Cradock doth deny. Certifies that the laws of England take no notice of a Provost-Marshal, who is a military and not a civil authority, and did never execute process of law, but what the use has been in Barbadoes, and whether it be convenient to put the power of executing process there into the hands of a Provost-Marshal, is proper to be informed from the place. Conceives however that it being a new plantation his Majesty might dispose the power of executing process at his pleasure. Indorsed, June 26, 1665, "Appointed to be heard the second Council day in Michs term." Together 3 pp. [Col. Papers, Vol. XVIII., Nos. 76, 77, 78.]
[June 23.] 760. Petition of Benjamin Bueno de Mesquita, a Portuguese merchant resident at Jamaica, to the King. That by a late Act of Parliament petitioner as a foreigner is prohibited from trading to his Majesty's plantations, to his utter ruin, he having all his estate there. Prays for Letters Patent making him a free denizen, and so drawn that he may take the oath of allegiance there. With reference to the Attorney-General. And on same leaf. Report of Sir Geoffrey Palmer, Attorney-General, to the King. That he has considered this petition and conceives his Majesty may legally grant the same, 1664, July 5. 1¼ pp. [Col. Papers, Vol. XVIII., No. 79.]
June 23. 761. Entry of the preceding. [Dom. Entry Bk., Chas. II., Vol. XVIII., p. 68.]
June 26.
Port Royal, Jamaica.
762. Joseph Martyn to Sec. Bennet [Lord Arlington]. Is writing by Thomas Clifford's commands. Governor Sir Thos. Modyford arrived on the 7th inst. [sic, ? 1st inst.], with the Marmaduke, Capt. Stokes, and another ship from Barbadoes, with 700 planters, who are very well pleased with the country. It was formerly supposed that private men-of-war going out from this harbour did much obstruct planting ; their commissions being now repealed they will no longer be able to impede it. His Excellency has been very studious in endeavouring to procure trade with the Spaniards, but the Governor of San Domingo has only given leave for the ships to water and careen in Spanish ports. Not above three of the privateers have as yet brought in their commissions. Instances the ill resentment of the Spaniards against trade with the English, nevertheless his Excellency powerfully invites them. The privateers are a little discouraged by the peace ; one has captured a vessel bound from Jamaica to Holland. Indorsed, Per the Nicholas of London. 1 p. [Col. Papers, Vol. XVIII., No. 80.]
June 26.
Jamaica.
763. Capt. A. Vandiemen Swart to Lord Windsor. Received orders to return, but has been 17 months at sea with very bad success, cables and anchors lost, sails worn, and was not able to put to sea ; now Sir Thos. Modyford has taken the frigate for his Majesty's service. [Dom., Chas. II., Vol. XCIX., No. 137, Cal., p. 626.]
June 27-29.
Barbadoes.
764. Gov. Lord Willoughby to Sec. Lord Arlington. Has just returned from the Leeward Isles, suffering much from the gout, which he shuffled off during his voyage ; and will give more particular account of the settlement of the King's business, the payment of 4½ per cent in goods, for they have no money, and the encroachments of the French in the islands, when he is able to sit up. Has furnished Sir Thos. Modyford with about 800 people, who sailed with them himself, but makes it his humble request that he will divert his Majesty from giving any more such orders, for it is not beginning at the right end to improve his interest in these parts, for he doth but take out of his right pocket to put into his left. Europe is the magazine of people, and from thence his Majesty ought to send them a constant supply every year. It has been found by woeful experience, that in all new settlements whither people are removed from the old ones, 10 die for one that comes fresh and raw out of Europe ; must refer to the physicians for the reason. Refers to the cases of Santa Cruz, settled by the Earl of Marlborough, and Jamaica by the usurper O. Hears of some in England trying to get grants, but without the King's special order he will stop all such cries ; let them be obliged to settle with men out of Europe. Has almost run himself out of breath, but now returns his most humble thanks for his favours and friendship which his brother assures him of, and he needs with as great satisfaction as the first night he went to bed to his mistress.
June 29.—The ship having stayed longer than she expected, some more strength has come to him, by which he can use his pen himself, to inform him of one most necessary particular, viz., that some able and honest lawyer be sent out with a suitable salary to be Lord Chief Baron of the Court of Exchequer, which Lord Willoughby has erected here ; for since Sir Thos. Modyford's departure, the judges, being all planters, through ignorance and timorousness, neglect the King's business. An able person should also be sent to prosecute as the King's attorney, for those on the island are mostly broken attornies who have either committed some misdemeanor for which they could not stay in England, or else could get no practice there. Desires a warrant for granting patents for these places according to his commission. 3 pp. [Col. Papers, Vol. XVIII., No. 81.]
June 28.
Port Royal.
765. Col. Edward Morgan to Sec. Bennet [sic]. Would not have troubled his seriousness with this second, were he not assured that his first had been taken by one of the pirates from this place, the number of which he fears will very much increase by this inhibition of privateers. There are 14 or 15 sail still abroad who will not come in unless it be to lead the enemy in upon us, which is easily done, they being 2,000 or 3,000, we having not so much fortification as to lodge 100 men. Believes no place in the world hath been so much "let at perdu" as this place, and will now be a great deal more, for we have nothing but the bodies of men dispersed near 150 miles asunder to resist. The privateers do not now hinder the planters at all, since it is not permitted to send any more out of the country, but are a great security, and it is very necessary to continue them till the land is better settled. Near 1,000 came down with our incomparable Governor, and believes as many more will follow with his lady. Has related to his Majesty his great punishments, and hopes his plantation will soon afford something for acknowledging his favours. In the Westergate they took a privateer ; another under Captain Swart has come in voluntarily ; and a third with a Spanish prize ; but the rest he warrants will keep aloof, unless it be to do us a mischief. Indorsed by Williamson, want of fortifications, usefulness of privateers, desires your Honours' protection. Answered Nov. 12th, 1664. 2½ pp. [Col. Papers, Vol. XVIII., No. 82.]
June 28. 766. Petition of Thomas Lord Windsor to the King. According to his instructions, contracted with the Royal [African] Company for 300 negroes at 20l. per head, but not being delivered within the time appointed, petitioner was occasioned several expenses more than his Majesty's (allowance?). Desires his accounts may be examined. Referred to the Lord High Treasurer and Lord Ashley, Chancellor of the Exchequer. ½ p. [Dom. Entry Bk., Chas. II., Vol. XVIII., p. 68.]
June 30.
Jamaica.
767. Sir Thos. Modyford to Sec. Bennet [Lord Arlington]. Has been here about 30 days ago, during which time has viewed the country. Finds it very healthful and pleasant, and divided into pastures, woods, and rivers. The people generally settled about the first, which would yield great profit if well stocked ; grass for 100,000 cattle is thus lost, but their cattle is the fairest in the world. Those who came with him have pierced into the heart of the island, which is as good land as the Cliff in Barbadoes, and their remaining friends there will need no other invitation. Has published his commission, and filled up his Council to 12. Was received with the utmost kindness, and his flatterers say he has seen more of Jamaica in a fortnight than all his predecessors saw during their reign. Has settled to the general contentment of the people his abode at the Town instead of at the Point, which could not be reached without passing six miles by water and was an uncertain, tedious, costly, and intolerable grievance to the country. Is now settling the courts of justice and militia. The envoys to San Domingo were very courteously received, and promised all kindness imaginable. Encloses English copy of the Governor's letter ; is now preparing a despatch for Carthagena. 987 persons came with him in the Westergate, Blessing, Marmaduke, and Swallow ; many more would have come had Modyford had conveyance for them ; all these were persons out of debt and mostly belonging to composed families and are now planting apace, having been set down where they desired to plant ; they are very healthful and well contented with the soil they manure. Doubts not his Majesty will find a speedy change both of reputation and returns from this place. Found Capt. Swart with the Griffin without men and money, and his vessel impossible to go to sea. Has presumed to fit her up on his Majesty's account, and will if he can get men, send her to Barbadoes to carry the inviting news and bring down his wife with the rest of his family, being resolved thoroughly to execute his Majesty commands or perish. Is persuaded by this time that orders have been sent to Barbadoes for payment of the passages on the Blessing at 250 lbs. sugar per head, and that Sec. Bennet will intercede for payment to the Royal Company for those on the Marmaduke at 30s. per head, that it may not lie on him as a too severe reward for the forwardness of his service in procuring so many to go with him. Has made the enclosed publication against privateers in pursuance of his Majesty's commands, but fears it will drive them to the French at Tortugas, and turn their forces against this island and all trading with us, which was in some part effected on Captain Watson, who was surprised by them at Bluefields Bay. Hears they are 1,500 brave men ; has therefore thought it more prudent to do by degrees and moderation what he had resolved to execute suddenly and severely, hoping to gain them off more safely by fair means and reduce them to planting, to accomplish which he must somewhat dispense with the strictness of his instructions. Has incumbent on him, besides the public, the settlement of his own private family consisting of eighty persons. With marginal notes by Williamson. Indorsed, "Rec. Oct. 7." Incloses,
767. I. Proclamation of Governor Sir Thos. Modyford strictly charging all his Majesty's loving subjects to treat all the subjects of his Catholic Majesty as friends and allies, and not make prize of any of their ships or goods by virtue of any commission. Port Royal, 1664, June 15. Together 4 pp. [Col. Papers, Vol. XVIII., No. 83, 83 I.]