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Oct. 1.
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808. Articles of agreement between Sir Robt. Carr on behalf of
his Majesty and the Burgomasters on behalf of all the Dutch and
Swedes inhabiting on Delaware Bay and river. 1. All the burghers
and planters will submit to his Majesty :2. And shall be protected
in their estates. 3. The present magistrates shall be continued.
4. Any man may depart with his goods within six months. 5. All
shall take the oath of allegiance to his Majesty and fidelity to the
present Governor. 6. And shall enjoy liberty of conscience. 7. And
be free denizens and enjoy all the privileges of trade as freely
as Englishmen. 8. The scoute, burgomaster, sheriff, and other
inferior magistrates shall exercise their customary powers for six
months, or till his Majesty's pleasure be further known. Then
follows the oath of allegiance to his Majesty, and of obedienee to his
Governor and officers. Signed, Robert Carr, Fob Out Gout, Henry
Johnson, Gerret Saunders Van Tiel, Hans Block, Lucas Peterson, and
Henry Cousturier. Indorsed, Articles of Agreement upon the Dutch
surrender of Delaware Bay and river to Sir Robert Carr for the
King. Printed in New York, Documents, III., 71. 2 pp. [Col.
Papers, Vol. XVIII., No. 106.]
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October.
Fort James,
New York.
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809. Col. Nicolls to [Sec. Lord Arlington]. Since his last by
Captains Hill and Groves, there is arrived Capt. Hyde, to whose
more ample relation of the reducing Delaware Bay he must refer
himself. His instructions to Sir Robert Carr took the effect designed,
for by [above] distinct treaty with the Swedes and Dutch planters,
the Governor was disarmed of their assistance and left to defend his
inconsiderable fort with less than 50 men. The foot company
under Lieut. Carr and Ensign Stocke stormed it without the loss of
a man, but of the Dutch 13 were wounded and three are since dead.
Within the fort a considerable cargo was found, and some part plundered,
but fears the rest is in hucksters' hands, for though Sir
Robert Carr stayed aboard the Guinea whilst his soldiers took the
fort, he came early enough to the pillage, and says it is his own,
being won by the sword, but Nicolls will dispose thereof to his
Majesty's service. Cannot but look upon it as a great presumption
in Sir Robert Carr, to assume the power not only of appropriating
the prize, but of disposing of houses, farms, &c., and not converting
them to the maintenance of the soldiers, whose necessities are so
great that many are run from him into Maryland. The better to
explain the authority Sir Robert doth usurp, has enclosed the commission
given him, and a grant he has made to Capt. Hyde. Commends
to his consideration how few hands they have to justify what
they have gained to his Majesty's obedience, and no maintenance
for officer or soldier, but such as he takes upon credit, or pays out
of his own monies. In the success in Delaware Bay, Capt. Hyde
had a considerable share, and is best able to make the narrative.
Cannot but repeat the importance of employing merchant ships with
a great proportion of merchandize suitable to the trade of New York
and Delaware Bay, otherwise his Majesty's expenses will not turn
to account ; for the Dutch have lost their trade ; by which also
many of his Majesty's subjects in Virginia, Maryland, and New
England were furnished with necessaries, and will not know how
to live unless speedy care be taken from England. Some considerable
merchants should join stock and dispatch ships to arrive in
March or April, for the loss of Delaware falls upon Amsterdam who
bought the plantation from the West India Company, which being
proud and powerful, may join with said Company next spring to
recover what they have lost this autumn, which is the whole trade
of tobacco ; and their neighbours of Maryland are much bribed by
their trade with the Dutch. Takes it for granted that Lord Baltimore
will much more solicit his Majesty to give up Delaware into
his hands, than he was solicitous to take it from the Dutch, but
hopes that at least so much of his patent may be forfeited, for
trading with the Dutch, as has been reduced at his Majesty's charge.
Submits that in case the Dutch attempt to recover New York or
Delaware, his Majesty will enjoin all his colonies, none excepted, to
resist and expel them. The very repute of such a command will
deter them. By advice of Colonels Cartwright and Maverick he
will depute Capt. Robt. Needham to command at Delaware Bay, till
his Majesty's pleasure is further known. Indorsed, "Received
Jan. 28 ; answered Jan. 28, and referred to a further consideration."
Printed in New York Documents, III., 68-70. Incloses,
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809. I. Sir Robert Carr's Commission to reduce the Dutch.
Whereas the Dutch have seated themselves at Delaware
Bay on his Majesty of Great Britain's territory without
his Majesty's consent, and have fortified themselves and
drawn a great trade thither, his Majesty's Commissioners
by virtue of their instructions have determined to bring
that place in obedience to his Majesty, and by these, order
the frigates Guinea, William and Nicholas, and all the
soldiers not in the fort, to go thither under command of
Sir Robt. Carr to reduce the same. Indorsed, "Received
Janry 28." Printed in New York Documents, III., 70.
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809. II. Sir Robert Carr's grant to Captains Hugh Hyde and
Thomas Morley, their heirs and assigns, of all that tract
of land known by the Indian name of Chipussen, and now
called the manor of Grimstead, near the head of the river
Delaware, with all the rights and privileges that to a lord
of a manor may properly belong ; they covenanting to
plant or stock the same within six years, provided always
that his Majesty's assent be procured. Sealed and delivered
by Sir Robert Carr in the presence of John Carr,
Geo. Colt, and Arthur Stock. 10th Oct., 14th (mistake
for 16th) Charles II. Indorsed, "Received Janry 28."
Printed in New York, Documents, III., 72, 73. Together
7 pp. [Col. Papers, Vol. XVIII., No. 107 107, I., II.]
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Oct. 1.
Jamaica.
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810. A view of the condition of Jamaica, attested by Governor Sir
Thos. Modyford. There are but seven established parishes, viz., St.
Katherine, St. John, Port Royal, Clarendon, St. David, St. Andrew,
and St. Thomas, in the whole island, and but one church at St.
Katherine's, being a fair Spanish church ruined by the old soldiers,
but lately in some measure repaired by Sir Chas. Lyttelton ; but
they are now levying contributions to raise churches in some of
the richest parishes. Beyond the bounds of these parishes are
many hundreds of people who have sent four representatives to
the Assembly. In these parishes are but five ministers, Mr. Webb,
Mr. Johns, an old army preacher not yet in orders, Mr. Maxfield,
and Mr. Houser and Mr. Sellers, two Germans. Mr. Nicholas, who
came on the Westergate, was settled at Port Morant but died of the
disease by which many perished. Five good regiments have been
raised, and two more are forming. The old soldiers for the most part
are turned hunters, and it is supposed kill not less than 1,000 cwt. of
hog per month, which they sell at from 15s. to 25s. per cwt. There
is scarce any place near the sea but is settled, and many have gone
into the mountains, which are most healthful and fruitful. Account
of the chief courts of common law and Chancery which are settled
at St. Jago, where also the justices of the peace hold their sessions
quarterly. The Admiralty court is held at Port Royal. Sugar,
ginger, indigo, cotton, tobacco, dyeing woods, and cocoa may be
and are produced as well as anywhere, but pimenta, China roots,
aloes, rhubarb, sarsaparilla, tamarinds, cassia, vaignillios, hides, and
tallow, are the proper commodities. There is the best building
timber and stone in the whole world, and great plenty of corn,
cassada, potatoes, yams, plantains, bananas, peas, hogs, fowls, cattle,
horses, asincoes, sheep, fish, and turtle, and pasturage. In fine
nothing wanting but more hands and cows. The low valley grounds
are feverish and aguish from June to Christmas, the rainy weather :
but the uplands and hills are as healthful as Cotsall in England.
2 pp. Two copies. [Col. Papers, Vol. XVIII., Nos. 108, 109.]
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1664?
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811. Extract of a letter from Jamaica. All people here are
well satisfied and have an extraordinary plenty of provisions and
imported goods. This last month or two there has been an uncommon
mortality, which has carried away three or four considerable
persons ; and not one planter has come from the Caribbees. Cannot
tell whether the coming of theirs, or the departure of our Lord
Governor obstructs or discourages them, but Jamaica must rise by
the King's peculiar favour and its own real advantages. Privateers
are still out, and the Governor's order for cessation will rather keep
them so than bring them in, nor is it well understood whether his
Majesty's order applies to commanding under Lord Windsor's commissions,
or prohibiting only wild excursions by the inhabitants,
for since then a letter from Mr. Sec. [Wm.] Coventry enjoins the
Governor to take care of his Royal Highness' dues from the men-of-war.
The fortune of trade here none can guess, but all think
that the Spaniards so abhor us, that all the commands of Spain and
necessity of the Indies will hardly bring them to an English port ;
if anything effect it, negroes are the likeliest. 1 p. [Col. Papers,
Vol. XVIII., No. 110.]
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Oct.?
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812. An account of the state of Jamaica [by Sir Charles
Lyttelton]. He left the Government in the Council, who chose
Colonel Lynch President, whom he also appointed commander of
the forces and judge of the courts. The situation of the island.
Being in the heart of the Spanish dominions, it is best fitted for the
seat of trade and also for war, for between the east end and Hispaniola
is the passage of about 20 leagues for all the Spaniards
that trade from Sta. Domingo, Porto Rico, and the Caracas to the
Havannah, Cuba, and Nova Hispania, and between Cuba and Cape
Catoche, but 50 leagues distant, where our men of war ply, is the
passage for the galleons of the Plate fleet from Peru to the Havannah,
where is also the rendezvous for the King of Spain's fleet
before they pass the Gulf of Florida to return to Europe. The convenience
of harbours. To the east Port Morant, and 14 leagues to
leeward, Port Royal, worthily so named from the goodness and
largeness of the harbour, where the best ships of England may
securely lie. All the merchants live here, and this port is the only
fort (of any strength) in the island not above one-third finished,
which for 2,000l. could be finished, so as to secure the harbour,
but would need a garrison of soldiers, as the trained bands could not
be so much relied on, and the inland settlements are at so great a
distance. To leeward also are the old harbour, Maccary Bay, and
Blewfields Bay. On the north side is Port Antonio or Carlisle,
where the Earl of Carlisle has begun a very hopeful plantation, and
Rio Novo, where the Spaniards last landed with 300 men and
fortified, and whence they were bravely beaten out, and almost all
killed or taken by Col. D'Oyley, then Governor ; and on this side
are Montegna Bay and other good harbours. The strength and
number of the inhabitants and their settlements. The regiment of
Port Morant, Morant and Yellows, commanded by Col. Lynch, is
the richest settlement ; that of Lygonee, the fittest, strongest, and
most numerous, by Col. Barry ; Captain John Man commands the
four companies of Port Royal, part of Lord Windsor's regiment ;
Major Fuller the regiment of Spanish Town, or St. Jago, and the
Angels and places adjacent, of which Sir Chas. Lyttelton was
colonel ; and Lt.-Col. Cope and Major Joy, the Lord Chancellor's
agent, that of Guinaboa. These regiments number 2,500, besides 400
or 500 more hunters and unsettled people, and women and children.
There will be found about 150 horse, well mounted and equipped,
but the foot ill armed with muskets and pikes, are of small use
in that place. Like all new settlements this is daily changing, and
those who knew it two years ago may be strangers to the state of
affairs now, provisions and all sorts of commodities having infinitely
increased. The design of a free trade cannot be effected but by
order from Spain, nor the privateers called in but by frigates from
England, the English being grown so hateful to the Spaniards in
those parts. There are now 14 or 15 sail in them, 1,500 or 2,000
seamen of all nations, and few will take order but from stronger
men-of-war, and as this has always been their trade and livelihood,
if they are forbidden these ports they will go to others, and find
themselves welcome enough. The Government is plain and agreeable,
and so are the laws and their execution, all suits being determined
in six weeks, with 30s. or 40s. charges. The Acts of
Assembly are here and humbly desired to be confirmed by his
Majesty. The people are generally easy to be governed, yet rather
by persuasion than severity. Privateering has let out many ill
humours, and those that remain are thriving, peaceable, and industrious.
When Sir Charles left, the island was in a very healthful
and plentiful condition, even the Spanish negroes, who had so long
disquieted the inhabitants, having come in and submitted to his
Majesty's authority. In the handwriting of Sir Charles Lyttelton,
indorsed by Sec. Lord Arlington. 2 pp. [Col. Papers, Vol. XVIII.,
No. 111.]
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Oct. 3.
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813. Copy of preceding, with mem., The original of this paper
[that is the preceding Account of Jamaica] was given to Mr. Secretary
Morrice 3rd Oct. 1664. The last 10 lines of the original, commencing
from The Government is plain and agreeable, are, however, omitted
in this copy. 2 pp. [Col. Papers, Vol. XVIII., No. 112.]
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1664.
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814. A short account of Jamaica when Sir Charles Lyttelton left
it in the year 1664 [May 2], which by his Majesty's command he
presented to the Privy Council. This is almost an exact copy of the
above, but written in the third person, and the last paragraph
about Spanish negroes is omitted. 2 pp. [Col. Entry Bk., No.
XXVII., pp. 21-23.]
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[Oct. 3.]
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815. Reasons [by Sir Charles Lyttelton] proposed by the King's
command for his Majesty's settling a plantation in Jamaica. It will
be a great encouragement to the old planters to endeavour a great
improvement on their plantations when they see his Majesty interests
himself in the country, and will take away all doubts and jealousies
of rumours too frequently spread, of his Majesty's re-delivering the
island to the Spaniards, which have hitherto been a main obstacle
to the settlement of it. It will encourage the better sort of planters
in the Windward Isles to come down to Jamaica ; and will serve for
the re-victualling ships in harbour. But the best design for his
Majesty will be a great sugar work ; and for this 30 blacks and as
many whites at first entering are thought sufficient. In about 10
months 100 more must be added, it being alike dangerous to starve
a growing plantation for want of hands as to overcharge a small one
and so starve them. Then must be added coppers, stills, and all
utensils for a mill and sugar works, and sawyers and ships' carpenters.
In managing these affairs the present Governor has greater experience
than Sir Charles, but he thinks that 2,000 or 3,000 hogs will
in a small time be raised, and the ships' carpenters should be employed
in felling and squaring timber and building shallops for his Majesty's
service. The plantation should be near a harbour, and three shallops
would be needed, which could also be employed to go a-turtleing
and in carrying despatches and provisions. The whole cost cannot,
he computes, according to his inquiries, be more than 4,000l., which
in two years would be nearly repaid. Cocoa walks, to be managed
by 16 men, who might grow indigo and tobacco besides, could be
planted with advantage ; a gentleman obtained last year from 20
acres of plants 12,000 weight of nuts, which he has sold himself
since his arrival for 8l. 12s. per cent. Thinks it a very probable
advantage if his Majesty would encourage two or three skilful miners
to search the ore of the mountains. Indorsed by Sec. Lord Arlington,
Jamaica papers. Reasons for the settling a plantation in
Jamaica at his Majesty's own expense of 4,000l. 2 pp. [Col.
Papers, Vol. XVIII., No. 113.]
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[Oct. 3.]
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816. Copy of preceding. Indorsed, Original of this [the above
reasons in the handwriting of Sir Charles Lyttelton] was given to
Mr. Sec. Morrice 3 Oct. 1664. 2 pp. [Col. Papers, Vol. XVIII.,
No. 114.]
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1664?
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817. A brief account of the island Tortudos [Tortuga], about 20
miles long and seven broad. When Gen. Venables arrived before
Hispaniola, Tortudos was inhabited by a few Spaniards, who wholly
deserted the place some six months after. Elias Watts then, with
10 Englishmen from Jamaica, took possession thereof, raised a fort
of four guns from the ruins of a great fort which the French had
erected, but they were wholly beaten off by the Spaniards. After
some time about 150 English and French settled there, which was
a great succour to the English nation. Col. Watts got a commission
for said island from General Bryant, Governor of Jamaica, and the
inhabitants increased. A poor distressed gentleman, a colonel in
the King's army, banished from England, married Watts' daughter
and became chief in Tortudos ; but a French Monsieur obtained a
commission, went for Jamaica when Col. D'Oyley was Governor,
and had possession given him on condition of holding the island for
the English nation, but proclaimed the King of France, plundered
the English, put them off the island, and has since kept possession
thereof.
The wrong that Tortudos may do the inhabitants of Jamaica. It
is a port where men-of-war may safely ride at anchor and bring
their prizes, putting them to sale, and supplying all their wants,
which will be a great discouragement to Jamaica. There are 20
privateers of all nations under the protection of Jamaica, which
being now debarred from taking in their prizes there, will from
Tortudos take French and Portugal commissions or none at all, and
will hinder all trade to and from Jamaica and obstruct Spanish
ships from going there to buy negroes. In fine, if Tortudos be
not reduced to the obedience of the Governor of Jamaica, it will
cause the ruin thereof and the harbouring of rogues and pirates
who make it [piracy] their living, by which means the inhabitants
of Jamaica will desert the country. This may be prevented by
demanding Tortudos with two of the King's ships from Jamaica,
which may very easily be done, as there are but 150 Frenchmen
and one fort with four guns, and it is certain if demanded the
island will be delivered. 3 pp. [Col. Entry Bk., No. XCII., pp.
259-262.]
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1664?
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818. A relation concerning Tortugas and his Majesty's right
thereunto, by Abraham Langford. About 28 years past, Governor
Lyttelton, of Nevis, sent 25 men to settle Tortugas, who were the
first inhabitants of any nation since the Spanish conquest of the
natives. They received as Governor Captain James, who was soon
after dispossessed by Lavasnier, a Frenchman, who fortified it with
74 guns, made himself absolute Lord of the island, imprisoned those
who had lawful commissions from the Earl of Warwick, and seized
their ships. He was murdered by two of his own kinsmen, and the
Grand Master of Malta, on St. Christopher's, appointed M. Travail
to be Governor, and afterwards M. La Fontaine, who sold the place
to the Spaniards for 15,000 pieces of eight ; they deserted the island
when the English fleet went for San. Domingo, and six months after
Elias Watts, an Englishman, re-possessed it by commission from
Lt.-Gen. Bryan, Governor of Jamaica ; he was succeeded by G. M.
Duracy by commission from Col. D'Oyley, who has declared for the
King of France, having received from him a patent for the island,
and is now following Lavasnier's track by receiving pirates into his
protection, and goes on fortifying himself, which if not prevented
may prove the ruin of his Majesty's subjects in these parts. 2 pp.
[Col. Papers, Vol. XVIII., No. 115.]
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Oct. 3.
Parson's Green.
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819. Dr. Henry Stubbs to William Godolphin, at Sir Henry
Bennet's house near Charing Cross. Gives at Sir Henry Bennet's
request his opinions as to the present design upon Tortugas. Considers
the design not worthy of his Majesty ; it may endanger a
rupture with France ; will engage the King's honour, and is difficult
to effect, and hath no considerable advantages ; it were rather an
attempt becoming some private merchants, or the Governor of
Jamaica, acting by the King's connivance. The island is small and
yields little encouragement to English to settle, and must become
either the possession of some few planters or of a Governor and
garrison. The present French Governor holds it by his domestics and
servants, nor is there one considerable plantation, since the buccaneers
have no fixed abode in Hispaniola for fear of the Spaniards. Tortugas
is their harbour, and a port for French ships, who trade with
them for tortoise-shell and hides. It lies out of the course of
English merchant ships, so that neither doth necessity enforce nor
can any advantage induce his Majesty to this design. Knows not
with what force his Majesty will possess himself of it, for opposition
must be expected from the French of Hispaniola. Albeit the
English are not overmuch concerned at the name and interest of
their King, yet those French would embrace any directions from
France, as was seen in Jamaica, when they termed Pleneville a rebel
for going against the French Governor by Lord Windsor's appointment.
It seems difficult to comprehend how any will be got to
transport themselves from Jamaica to Tortugas, and how it could be
the King's interest to disfurnish Jamaica. Col. Barry was an old
known soldier and planter in Jamaica, Capt. Pleneville a serious and
understanding planter, who, with Capt. Leveret and Capt. Langford,
and all their interest and contrivance, could not procure 20 men to
go with them to stay there ; and can it be imagined that any will be
more willing now when Jamaica is in a much more flourishing condition,
but allow that some should go, Tortugas may prove as fatal
to the Jamaicans as Jamaica does to Barbadoes, St. Kitts, Nevis, or
Bermudas. The English had it once, but never heard of any great
advantages made of it ; most of them went away, and who can
stay or govern a people that have but a barren soil to dwell on. A
design on San Domingo much more practicable. But should all
things appear different to what they really are, yet is Capt. Langford
not a fitting man to manage this design. When he went with Col.
Barry, certainly Sancho Panza with better conduct regulated himself
at the island of Baratoria. Sir Charles Lyttelton can inform the
Secretary of that novel [obviously Don Quixotte]. Capt. Langford
speaks not French, nor does he understand it ; he is a man of no
wisdom, his interest in Jamaica and person is despicable, his fortune
forlorn, his honesty questionable. Fears all his contrivance amounts
to no more than a desire to repay out of the King's purse debts he
has contracted by his debonnaire life and defrauding, as 'tis said,
his principals. Denies not he is a good seaman and skilled in those
parts, but so opiniative he will boast of much more than he knows,
and seems resolute to ignore nothing. Fears lest so exellent a
Prince should receive a blemish by the miscarriage of so puny an
attempt, to be prosecuted by so inconsiderable a person, who has
been foiled in one petty settlement at Petty-Goava, and who has
neither wit to apprehend a design, conduct to manage it, nor
honesty to be trusted with money or goods. 3 pp. [Col. Papers,
Vol. XVIII., No. 116.]
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1664?
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820. Proposals of Abraham Langford in matter to his return for
Jamaica and Hispaniola without a ship of his Majesty. That he
might have the King's commission for the government of Tortugas
and coasts of Hispaniola, with maintenance. Has been two years
endeavouring the reducement of Tortugas, see ante, No. 390, p. 116,
and in the government of the coast of Hispaniola at his own great
expense. Desires some advance to defray his transport to Jamaica.
If the King's pleasure be not to reduce Tortugas, that he may have
his Majesty's order to buy it from Mons. Duracey, who claims it as
his own and proffers it to sell. To send miners for further search
into the copper mine of Coridon. Signed by Abraham Langford.
1 p. [Col. Papers, Vol. XVIII., No. 117.]
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1664?
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821. The Benefits which will accrue by taking the Planters off
Hispaniola into his Majesty's protection and government. Increase
of revenue ; land to maintain thousands of families ; it will prevent
protection of pirates ; there are copper and silver mines ; it can be
settled at less cost than other plantations ; quantities of good tobacco
raised, and it will engross the trade from the French : 500l. desired
for the hire of a ship to settle the government and trade, and an
allowance to transport [Abraham Langford] to Jamaica. 1 p. [Col.
Papers, Vol. XVIII., No. 118.]
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Oct. 5.
Barbadoes.
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822. Governor Lord Willoughby to Sec. Lord Arlington. The
French King has sent a new Governor to settle his West India
Islands, who is intended for Canada as soon as that is done, whereby
it appears that the French King is very intent upon his affairs in
those parts. Has given his Majesty an account of the concernments
of Sta. Lucia, and doubts not but upon demand of the King of France,
the King of England will order the restitution of it. Refers to his
account of the taking possession of the island, and hopes it will not
be surrendered. Great danger to be expected from the French in
the West Indies, so that it will not only be fit to refuse this so
unreasonable demand, but to consider how to become masters of the
rest of their islands. Has ordered his nephew to wait on him with
some petitions from several of his Majesty's islands, wherein they
have laid down their condition and implore the King's relief and
help. 1 pp. [Col. Papers, Vol. XVIII., No. 119.]
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Oct. 6.
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823. Abstracts of Governor Lord Willoughby's letters from
Barbadoes of Sept. 10 and Nov. 4, 1663, and the King's letter of
Jan. 12 (11th) 1664, all calendared, see Nos. 561, 578, 628. To
the first is a marginal note by Williamson "the guns be already
sent away by Sir John Colleton." Also, Abstract of Governor Lord
Willoughby's letter of 6 Oct. 1664. That the King of France pursues
his interest in the [West] Indies very high, and backs it with power
of shipping and men ; his Lieutenant-General Mons. Tracy has 30
gentlemen for his guard and one of the King's ships of war of 50
brass guns to attend him ; the French strong and rich in trade in
Canada, and Kyan (Cayenne) in the main of Guiana near Surinam.
In fine the dispute will be whether the King of England or of France
shall be monarch of the West Indies, for the King of Spain cannot
hold it long, and this is the first year's entrance of the King of
France on his own account. The French Governor of St. Kitts
informed Lord Willoughby that the King of France would buy
their interest in the island and all the islands adjacent possessed by
the French, and appropriate them to himself, and that he was sending
a viceroy with men and shipping to secure his interest in those
parts. Williamson has added, Their ordinary gazette says that
the bargain is already made with the Order of Malta by the King
of France for their interest in St. Kitts and the money paid to the
Commander de Sounc. 2 pp. [Col. Papers, Vol. XVIII., No. 120.]
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1664?
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824. Memorandum of 2,000 firearms, 1,000 pikes, 200 barrels of
powder, with match and bullets proportionable, to be delivered to
Sir John Colleton, his deputy, for the use of Barbadoes. In Williamson's
hand. [Col. Papers, Vol. XVIII., No. 121.]
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Oct. 8.
Newport.
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825. William Brenton to Col. Nicolls. Acknowledges the
favour shown to the Governor and himself at the return of their
Commissioners, who were sent to present their allegiance to his
Majesty and service to himself, as also for his favour to this despised
colony. They are a poor despised outcast people, and it has been
his portion these 30 years to be in some trouble, yet they could
never allege anything against him of unloyalty or rebellion against
his Majesty or any of his substitutes. Is ready to serve the King
or themselves to the utmost of his ability, to whom he offers his
poor house to entertain or receive them in case they come this way.
1 p. [Col. Papers, Vol. XVIII., No. 122.]
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Oct. 11-28.
St. Jago-de-la-Vega.
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826. Minutes of the Council of Jamaica. The returns of the
several elections of Assemblymen for the island presented, viz.,
St. Andrew's, Major Richd. Hope and James Howell ; Port Royal,
William Beeston and John Loveing ; North Side, Abraham Rutter
and Saml. Ginkes ; St. John's, Thomas Ascough and Richard Offeild ;
St. David's, Major Rich. Lloyd and Matthew Eaton ; St. Katharine's,
Sir Thos. Whetstones and John Tompon ; Clarendon, Capt. Ed.
Morris and Richard Philip ; Blewfields, James Perkman and Christopher
Pinder ; and, St. Thomas', Thomas Freeman and William
Bowden.
Oct. 12.That Rich. Hemmins enjoy the house mentioned in his
Patent, but the court-house and shed adjoining to be reserved to
the use of the public.
Oct. 15.That the Provost-Marshal pay Capt. Abraham Rutter 5l.
for his great trouble in taking a negro belonging to Capt. Verney.
That the proposals of the Assembly touching the courts be debated
in full Council. That Gov. Modyford's commission be recorded in
the office of Capt. Edward Walrond of enrolments in the Chancery.
Oct. 18.Order for debate of above proposals at Mr. Martin's
chamber. That the clause in Highways Act concerning 60 feet
wide in standing wood be not put in execution for two years, but
only to be made 20 feet wide.
Oct. 20.Address of the Assembly, signed by Sir Thos. Whetstones,
Speaker, to the Governor. It is their desire and advice that
the Court of Common Pleas be constantly held in St. Jago-de-la-Vega,
and no more at Port Royal. That in regard the former is in
the heart of the country, and the latter far out in the sea, a quarter
sessions be held in every precinct ; and that not more than two
general sessions be held yearly, and those at St. Jago.
That the Council concur with the Assembly, and also in referring
the settlement of the courts of judicature to the Governor. Ordered
that the Court of Common Pleas be held at St. Jago. The following
Acts were passed by the Council(1.) Against excessive usury ; (2.)
For the good governing of servants ; (3.) For foreign attachments ;
(4.) For enrolment of deeds ; (5.) For rating of meat ; (6.) For empowering
freeholders to plead in their own cause.
Oct. 26.The former order concerning a difference between Capt.
Thos. Morgan and Wil. Crane to continue in force. Two Acts
passed by the Council, (7.) For the better maintenance of the
ministry ; (8.) Declaring war against the outlying Spanish negroes
unless they submit to the Government.
Oct. 28.Two Acts passed by the Council(9.) Concerning the
court-house ; and (10.) Concerning the regulating of the freights of
boats and wherries. 9 pp. [Col. Entry Bk., No. XXXIV., pp. 93,
94, 105-112.]
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Oct. 13.
Newhall.
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827. The Duke of Albemarle to Sec. Sir H. Bennet [sic]. Requests
him to procure a special license from the King of Portugal for Sir
Jas. Modyford, to buy 600 head of cattle at Cape de Verd Island, for
English commodities, and transport them to Jamaica. Indorsed,
Mem., Sr. Jas. Modyford interpreted the cattle meant to be young
heifers of three years old. 1 p. [Col. Papers, Vol. XVIII., No. 123.]
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Oct. 13.
Delaware Fort.
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828. Sir Robert Carr to Col. Nicolls. Arrived at Delaware the
last day of Sept., after a long and troublesome passage, passing by
the fort without taking notice of each other, the better to satisfy
the Swedes, who, notwithstanding the persuasions of the Dutch to the
contrary, were soon our friends. Afterwards held parley with the
Dutch ; the burghers and townsmen after three days consented to
his demands, but the Governor and soldiery altogether refused his
propositions. Whereupon he landed his soldiers and stormed the
fort, and plundered it ; "the seamen no less given to that sport
were quickly in," and had good store of booty. Their loss was
none ; the Dutch had 10 wounded and three killed. The fort,
although with 14 guns, is not tenable without great charge, which
must be expended to keep it. Ensign Stock ill ; will send him to
Nicolls when he recovers. If they had not come in as they did, they
would have been necessitated to quit the place in less than a month.
Has already sent some niggers to Maryland, which belonged to the
late Governor, at his plantation above [of Delaware]. The falling
of the Indians from their former civility, and abusing messengers,
being exasperated by the Dutch, the cause of his not sending to give
notice of their successes. The Indians so strong that no Christians
yet dare venture to plant on the other side, which belongs to the
Duke of York ; they stayed here three nights, but are since returned
without doing any hurt. Begs his endeavours to assist in the
reconciliation of the Indians called Synckoes, at the Fort Ferrania
[Aurania], and the Huskehanoes here, several murders having lately
been committed upon the Dutch and Swedes. To send Allison and
Thompson to "re-edify" the fort and fix our arms, all being broken
or unfixed. Printed in New York Documents, III., 73, 74. 2 pp.
[Col. Papers, Vol. XVIII., No. 124.]
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Oct. 14.
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829. to Williamson. A Dutch ship with 300 men beaten
by the English out of Amsterdam, New Netherlands, has arrived at
Mount's Bay. The Eagle, Capt. Brooke, has arrived from Gambia,
having landed 50 men there upon an island taken by Major Holmes,
who thinks the Dutch have lost their interest in those parts.
[Dom., Chas. II., Vol. CIII., No. 57, Cal., p. 32.]
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Oct. 16.
Barbadoes.
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830. Gov. Lord Willoughby to Sec. Lord Arlington. Refers
to his account of the French King's proceedings in these parts
[see ante, No. 822.] Hopes if war break out between the English
and the Hollander, that he may have timely advice to prepare
for the defence of the islands under his government, and the
shipping riding there, which without good reaching guns, can
receive little security from the shore. Unless arms and ammunition
are sent out, they are likely to feel the effects of the war very
suddenly, in revenge for the injuries inflicted upon the Hollander
during the time of the usurped powers. The Dutch have possessed
themselves of several islands within the extent of his Majesty's commission,
and of some settlements in Guiana, regarding which he
would wish to know his Majesty's pleasure with all convenient
speed. Recommends some ships of force being sent out with 500
men and two or three thousand spare arms and convenient boats for
landing a good number of men upon occasion to be employed against
the Dutch before they are able to be reinforced. 2 pp. [Col.
Papers, Vol. XVIII., No. 125.]
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Oct. 19.
[Boston.]
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831. Gov. Endecott "in the name and by the order of the General
Court" to Secretary Morrice. The confidence they have in his favour
emboldens them to give him this additional trouble in the day of
their necessity. "We are poor and destitute as to interest with any
that have power to be helpful to us at such a time, except the Lord
be pleased as formerly he hath done, to move your Honour's heart
in our behalf, to appear for us as the equity and justice of our case
may appear to you." They are necessitated to beg the King's grace
and favour that they may not be deprived at once of all that was
worthy their travels and hazard to and in this wilderness, which
is threatened by a Commission granted to four gentlemen come
into these parts, and should they make alteration in or weaken
the authority established here by their charter, they have just cause
to fear that the event of such a design will be no other than the
ruin of this hopeful and hitherto prosperous colony, and will occasion
such persons as are most considerable to provide for them in some
other place less known than New England is now made to be. The
favour they beg is, that their petition finding acceptance with his
Majesty, and coming in debate before the Council, he will appear
for them, that the authority and power of government they have
so long enjoyed may not now be made void and strangers imposed
upon them, the continuance whereof they apprehend to be their
equal right even as their houses and lands. Beg him to pardon
their boldness and plainness of speech arising from their deep sense
of the evil impending over them, and accompanied with some
measure of confidence in the candour of his spirit towards them.
1 p. [Col. Papers, Vol. XVIII., No. 126.]
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Oct. 19.
[Boston.]
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832. The Humble Supplication of the General Court of the Massachussetts
Colony in New England to the King. Set forth the sacrifices
by which the liberties hitherto possessed by Massachusetts had
been purchased, and urge the injustice of encroachment on them.
"This people did at their own charges transport themselves, their
wives and families over the ocean, purchase the lands of the natives,
and plant this colony with great labour, hazards, costs, and difficulties ;
for a long time wrestling with the wants of a wilderness and
the burdens of a new plantation ; having also now above 30 years
enjoyed the aforesaid power and privilege of government within
themselves, as their undoubted right in the sight of God and man."
They refer with gratitude to the King's gracious letters to them full
of expressions tending to confirm them in their enjoyments, viz., of
15th Feb. 1661 [see ante, No. 31], of the 28th June 1662 [see ante,
No. 314], in which "we have applied ourselves to the utmost to satisfy
your Majesty so far as doth consist with conscience of our duty
towards God, and the just liberties of our patent," and the last of
23rd April 1664 [see ante, No. 715], wherein his Majesty declares he
hath not the least intention or thought of violating or in the least
degree infringing their charter. "But now what affliction of heart
must it needs be unto us that our sins have provoked God to permit
our adversaries to set themselves against us by their misinformations,
complaints, and solicitations (as some of them have made that their
work for many years), and thereby to procure a commission under
the Great Seal, wherein four persons (one of them our known and
professed enemy) are empowered to hear, receive, examine, and
determine all complaints and appeals in all causes and matters, as
well military as criminal and civil, and to proceed in all things for
settling this country according to their good and sound discretions,
&c., whereby, instead of being governed by rulers of our own choosing
(which is the fundamental privilege of our patent), and by laws of
our own, we are like to be subjected to the arbitrary power of
strangers, proceeding not by any established law, but by their own
discretions." In this case their refuge under God is his Majesty. "If
these things go on (according to their present appearance) your
subjects here will either be forced to seek new dwellings, or sink and
faint under burdens that will be to them intolerable ; the vigour of
all men's endeavours in their several callings and occupations (either
for merchandise abroad or further subduing this wilderness at home)
will be enfeebled, as we perceive it already begins to be ; the good
work of converting the natives obstructed ; the inhabitants driven
to we know not what extremities, and this hopeful plantation in the
issue ruined." Whatever becomes of them they are sure the adversary
cannot countervail the King's damage ; it is indeed a grief to
their hearts to see his Majesty put upon this extraordinary charge
and cost about a business, the product whereof can never reimburse
the one half of what will be expended upon it. "We perceive there
have been great expectations of what is to be had here, raised by
some men's informations, but those informations will prove fallacious,
disappointing them that have relied upon them. And if the taking
of this course should drive this people out of the country (for to a
coalition therein they will never come), it will be hard to find
another people that will stay long, or stand under any considerable
burden in it, seeing it is not a country where men can subsist without
hard labour and great frugality." There have also been high representations
of great divisions and discontents among them, and of a
necessity of sending Commissioners to relieve the aggrieved, whereas
it plainly appears that the body of this people are unanimously satisfied
in the present government and abhorrent from change. "Sir,
the all-knowing God, He knows our greatest ambition is to live a poor
and a quiet life, in a corner of the world without offence to God or
man. We came not into this wilderness to seek great things to ourselves,
and if any come after us to seek them here, they will be
disappointed. We keep ourselves within our line and meddle not
with matters abroad. A just dependence upon and subjection to
your Majesty according to our charter, it is far from our hearts to
disacknowledge. And should Divine Providence ever offer an
opportunity wherein we might in any righteous way, according to
our poor and mean capacity, testify our dutiful affection to your
Majesty, we hope we should most gladly embrace it. But it is a
great unhappiness to be reduced to so hard a case as to have no other
testimony of our subjection and loyalty offered us but this, viz., to
destroy our own being, which nature teacheth us to preserve, or to
yield up our liberties, which are far dearer to us than our lives, and
which had we had any fear of being deprived of, we had never
wandered from our father's houses into these ends of the earth, nor
laid out our labours and estates therein. ... Royal Sir, it is in
your power to say of your poor people in New England they shall
not die. If we have found favour in the sight of our King, let our
life be given us at our petition (or rather that which is dearer than
life, that we have ventured our lives and willingly passed through
many deaths to obtain), and our all, at our request. Let our government
live, our patent live, our magistrates live, our laws and liberties
live, our religious enjoyments live, so shall we all have yet further
cause to say from our heart 'Let The King Live For Ever,' and the
blessing of them that were ready to perish shall come upon your
Majesty, having delivered the poor that crieth and such as had none
to help them." This paper is partly printed in Palfrey's History
of New England, Vol. II., pp. 588-590, who says a Committee consisting
of Francis Willoughby, Major-General Leverett, and Jonathan
Mitchell, minister of Cambridge, drew it up, and after more
than two months were spent in its preparation it was adopted at a
special meeting of the General Court. This the original is signed
by "Jo. Endecott, Governor, in the name and by the order of the
General Court held at Boston in New England, Oct. 19, 1664." 2 pp.
very closely written. [Col. Papers, Vol. XVIII., No. 127.]
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Oct. 19.
Barbadoes.
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833. Governor Lord Willoughby to the Lords of the Council.
Sends, in answer to their letter of Aug. 24, abstract of the usages
in the proceedings of the Court of Common Pleas in Barbadoes,
also copy of ordinance lately passed for establishing the Courts
of Common Pleas, which have been reduced to two, with one judge
and four assistants in each. Was anxious to have the courts held
by judges as in England, but the people were too much wedded to
their ancient usages, but will endeavour to effect them on his return
from Surinam. No ordinance but that of settling the customs has
been sent home, as the people have not been in a proper temper
for being called together. Hopes to rectify all in good time if their
Lordships will bear with him. Indorsed, "Referred to Council of
Plantations, Feb. 24." Incloses,
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833 I. Narrative of the usages and customs of Barbadoes concerning
proceedings in the Courts of Common Pleas. A
debt may be recovered in six months. Land is appraised
and delivered to the creditor without provision being
made for the wife and children. The planter pays fifteen
per cent. interest if he keeps the land 80 days after execution.
For fraudulently concealing attached goods the debtor
has to stand in the pillory and have his ears cut off, and
the estate is sold or appraised ; execution issues after five
days if goods are then not paid for, and the debtor's
estate is delivered to the creditor with 20 per cent. advance.
The appraisers are the ablest freeholders in the precincts,
who are neither kindred, friends, nor enemies of the parties,
and give their jugments upon oath. Approved by Governor
and Council, 17th Oct. 1664.
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833. II. Ordinance of the Governor and Council concerning the
forms of proceedings in the Common Pleas. That from
12th January next the courts be held in two places only,
viz., at St. Michael's for the parishes of Christchurch, St.
Philip's, St. Michael's, St. George's, and St. John's ; and in
Spight's town (alias Little Bristol) for the parishes of
St. James, St. Thomas, St. Peter's, All Saints, St. Lucy's,
St. Joseph's, and St. Andrew's. That there be one judge
and four assistants in each court to be appointed by the
Governor for the due administration of justice. The times
appointed for said courts to be held, Monday in January
next, and continue if need be until Friday night following ;
the other court shall be held at Spight's town the Monday
following, and continue if need be until the Thursday
night after, and so successively every four weeks. Directions
for the proceedings of the judges. Signed by Lord
Willoughby. Together 6 pp. [Col. Papers, Vol. XVIII.,
Nos. 128, 128 I., II.]
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Oct. 21-26.
New York.
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834. "Catalogue, alphabetical, of the names of such inhabitants
of New York, &c. as took the oath to be true subjects to his
Majesty, October the 21st, 22nd, 24th, and 26th days, 1664," with
the oath itself, viz., "I swear by the name of Almighty God, that I
will be a true subject to the King of Great Britain, and will obey
all such commands as I shall receive from his Majesty, his Royal
Highness James Duke of York, and such Governors and officers as
from time to time are appointed over me by his authority, and
none other, whilst I live in any of his Majesty's territories, So help
me God." Here follow the names in alphabetical order, which are
all printed in New York Documents, III., 74-77. [Col. Papers,
Vol. XVIII., No. 129.]
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1664?
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835. Proclamation in Col. Nicolls' handwriting to the inhabitants
of New York. Whereas there is a false and injurious aspersion
cast on the oath of obedience to his Majesty, the Duke of
York, and the Governor and officers appointed by his Majesty's
authority, by some persons seeking to distract the minds of the
inhabitants of New York, by suggesting that the Articles of Peace
so lately and solemnly made and signed were intended by that oath
to be made null and of no effect ; Governor Nicolls declares that
the Articles of Surrender are not in the least broken or intended
to be broken by said oath, and if any person hereafter shall presume
to give any other construction of said oath, he will be
accounted a disturber of the peace, and proceeded against accordingly.
This Declaration to be forthwith read to all the inhabitants
and registered, and every denizen who intends to remain here under
his Majesty's obedience to take the said oath. Draft, with corrections.
1 p. [Col. Papers, Vol. XVIII., No. 130.]
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