America and West Indies
November 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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250-258

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'America and West Indies: November 1664', Calendar of State Papers Colonial, America and West Indies, Volume 5: 1661-1668 (1880), pp. 250-258. URL: http://www.british-history.ac.uk/report.aspx?compid=76481 Date accessed: 23 November 2014.


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Contents

November 1664

1664.
Nov. 2-11. Nov. 3.

Nov. 4.

Nov. 8.

Nov. 9.

Nov. 10.

Nov. 11.
836. Minutes of the Council of Jamaica. Acts passed [see ante, No. 826]. (11.) For the better governing of negro slaves. (12.) For regulating the freight of boats and wherries. For mending and repairing the highways. (13.) For prohibiting the transportation of commodities off the island in a growing condition. (14.) For preventing the retailing of strong liquors by persons unlicensed. (15.) For settling the militia. (16.) For the encouragement of the produce and manufacture of this island. (17.) Against tipling, cursing, and swearing. (18.) For dividing the island into several parishes and precincts. (19.) For regulating hunters. (20.) Authorising justices of the peace to decide differences not exceeding 40s. (21.) For regulating the fees of the Broad Seal. (22.) And the fees of offices. (23.) For raising a public revenue out of strong liquors. (24.) Impowering the secretary to take security of all masters of trading ships. (25.) Declaring the laws of England in force in the island. (26.) Additional Act imposing a tax on licensed alehouses ; and (27.) Repealing Acts made of the former Assembly. The Council concur with the Assembly in desiring the Governor to call the Treasurer and Receiver to account. Richard Povey, Secretary to the Council, knowing of the Governor's coming, having without permission left the island before his arrival, and Povey's deputy, Peter Pugh, refusing to keep the office in town or give 10,000l. security for its due performance, ordered that said secretary's place be disposed of as the Governor shall think fit, until his Majesty's pleasure be known. 5 pp. [Col. Entry Bk., No. XXXIV., pp. 112-116.]
Nov.?
Jamaica.
837. Articles of high and treasonable crimes and misdemeanors exhibited before the Governor, Council, and Assembly by Sir Thos. Whetstone, in behalf of his Majesty, against Samuel Long of Port Royal. That on the 17th and 18th of May last he caused himself to be elected Speaker at a meeting at Port Royal of members of the Assembly, whose authority, by the departure of Sir Chas. Lyttelton, had ceased, and passed certain orders and votes with intention to grasp the legislative power into his own hands ; and traitorously and impudently refused to take any notice of the Deputy Governor, Col. Edward Morgan's dissolution of the meeting. That he procured an Act to be passed for setting up a particular treasury of the island, with himself as Treasurer, into which all his Majesty's revenue was to be paid, and from which no monies should be issued without order from the Assembly, thus endeavouring to disinherit his Majesty of his undoubted right of receiving and disposing of public treasure. That in pursuance of this Act, he refused 20l. to Sir Thos. Modyford, for the repair of his Majesty's shallop Stingray, whereby the works of the fort have remained unprosecuted ever since. That he has also procured himself to be elected clerk of this present Assembly, and has done his utmost to infuse his traitorous principles into the members, but they altogether disown and abhor his advice. Sir Thos. Whetstone therefore requires that Long may be brought to answer for his treasonable practices and contrivances, and receive suitable censure from the Assembly. 3 pp. [Col. Papers, Vol. XVIII., No. 131.]
Nov. 3. 838. Warrant of the Governor of Jamaica to the Provost-Marshal, for the apprehension of Samuel Long, clerk of the Assembly. That he hath by seditious speeches and arguments endeavoured to infuse dangerous principles into the heads of members of said Assembly, advising them not to trust the King with any fines or other levies, but to make them all payable to a Treasurer of their own, lest the King should give them away by a Privy Seal, thereby endeavouring to take from his Majesty the disposition of public monies, which is the chief flower of his crown, being the ornament of peace and the sinews of war. Holds it his duty to stop the first steps of rebellion, the foundation of which has always been laid by placing the public moneys in private hands. 1 p. [Col. Papers, Vol. XVIII., No. 132.]
Nov. 7.
Whitehall.
839. Report of the Committee for the affairs of Jamaica to the King. That his Royal Highness be desired to write to the privateers in the West Indies to forbear all acts of hostility upon the Spaniard until further order, to give them liberty to dispossess the Dutch from Curaçao and their other plantations, and then to come and serve his Majesty in these parts. That a letter be written to the Governor to allow the planters in Jamaica to transport goods from England, for their own consumption only, free of duty, under a certificate from the Governor. And that Bishop Russell before his departure be desired to move the King of Portugal for license to transport 600 head of cattle from Portugal to Jamaica. 1 p. [Col. Papers, Vol. XVIII., No. 133.]
Nov. 7.
Chelsea.
840. Ambassador Van Gogh to [the Secretary of the States General]. Account of his audience with the King, when he deduced at large the injuries, violences, and outrages committed by the English against the subjects of this State in the taking of New Netherlands. His Majesty said that he had had both in writing and by word of mouth a full and large relation, but that the matter was so prolix that all could not be well remembered, but that he would give his answer to all particulars in writing. That it was done with his knowledge and by his order, as being a business which properly belongs to the English, that the ground was theirs and they had built upon it, and that the same was afterwards taken from the English by the Netherlands West India Company, and by them only something more built upon ; that they had not had possession thereof much above four years, and that the English will justify and demonstrate their right to all this. Van Gogh replied that the Netherlands nation had now for 50 years together had quiet possession in those parts, which ought not in equity or reason to be taken from them. To which his Majesty returned answer, "I shall cause an answer of all to be made in writing, which shall be suddenly given you." Van Gogh thereupon took occasion to say that these actions would turn to no other end but a widening of the breach between both nations, and it was to be feared further mischiefs would arise. The pressing of men is, Van Gogh adds, grown to such a height in England that prentices, handicraftsmen, and even shoemakers are pressed. 4 pp. Printed in New York Documents, III., 77-79. [Correspond. Holland.]
[Nov. 9.] 841. Thomas Kendall to Sec. Lord Arlington. Beseeches him to get the Council to grant free trade to Jamaica, and if that cannot be obtained to refer his paper to the Farmers of the customs. Also to give positive orders about the privateers that are out, concerning which he left a paper. Now sends another paper, the contents of which much concern the peace and well government of the colony, and desires it may be read at the Council. Indorsed, Rec. Nov. 9, 1664. 1 p. [Col. Papers, Vol. XVIII., No. 134.]
1664?
Nov.?
842. Propositions of Mr. Kendall (Sir Thos. Modyford's brother-in-law) concerning the settling of Jamaica. That the chiefest encouragement for the speedy peopling of Jamaica will be that the Governor have power to admit of free trade, except blacks, at least for two or three years, which cannot be 100l. a year loss in the customs. Free trade being denied to the rest of his Majesty's Plantations (except Surinam), there will be nothing more considerable to invite those that have a mind to leave Barbadoes, the Leeward Isles, and New England to settle in Jamaica ; and the Royal Company's trade will be increased ; for the planter accounts himself rich according to the number of blacks he is master of. And if his Majesty please one year more to pay for the passage of those from Barbadoes that cannot do it themselves, which will not cost 1,000l., it will encourage others to go on their own charge, when numbers take away the fear of the Spaniards. The French King permits his subjects on the Caribbee Islands free trade with all nations, and of late has taken away two-thirds of the customs on commodities imported into France from thence, and they pay him no customs there. Indorsed, Mr. Kendall's propositions concerning Jamaica. Custom free. 1½ pp. Two copies. [Col. Papers, Vol. XVIII., Nos. 135, 136.]
Nov.? 843. Proposition of Mr. Kendall concerning calling in the privateers of Jamaica. That it be referred to the Governor of Jamaica to use all possible means to get in the privateers, which must be done by fair means, and giving them leave to dispose of their prizes when they come in, otherwise they will be alarmed and will go to the French at Tortuga, and his Majesty will not only lose 1,000 or 1,500 stout men, but they will still take Spaniards and disturb the trade to Jamaica, and if war break out with Holland, will certainly go to the Dutch at Curaçao and interrupt all trade to Jamaica ; for they are desperate people, the greater part having been in men-of-war for 20 years. Therefore it will be much to the advantage of the Spaniard that the Governor has orders to permit them to sell their prizes, and set them a planting ; and if his Majesty shall think fit to have Tortuga or Curaçao taken, none will be fitter for that work than they. Indorsed, Mr. Kendall's propositions in what manner to call in the privateers of Jamaica. ¾ p. [Col. Papers, Vol. XVIII., No. 137.]
Nov.? 844. Proposals for the civil government of Jamaica by Thomas Kendall, being an extract from Sir Thos. Modyford's letter of Aug. 10 [see ante, No. 785]. Concerning the division of the country into counties, hundreds, and tythings, the appointment of sheriffs instead of a Provost-Marshal, and the establishment of courts of common pleas at St. Jago. Indorsed, Mr. Kendall's last paper, proposing some methods in the civil government for Jamaica. 1 p. [Col. Papers, Vol. XVIII., No. 138.]
1664? 845. Request [of Thos. Kendall] for payment of 1,331l. 16s. 8d. to the Royal Company, for freight of 748 persons in two ships from Barbadoes to Jamaica, for which Sir Thos. Modyford has given his obligation. Indorsed, Mr. Kendal's papers of Jamaica, money due to Sir Thos. Modyford. For 1,331l. 16s. 8d. to be paid to the Royal Company. 1 p. [Col. Papers, Vol. XVIII., No. 139.]
1664.
Nov. 11.
846. Sir Jo. Skelton to Williamson. The frigate Martagne Galley from New England gives assurance that Capt. Nicolls has reduced the New Netherlanders. The Elias frigate was cast away upon that coast. [Dom., Chas. II., Vol. CIV., No. 75, Cal., p. 60.]
Nov. 11. 847. Lists of members of Committees appointed by the Council Board ; among them the following :—For Jamaica and Algiers, Dec. 5, 1660. For Jamaica, July 3, 1661. For the Plantations, July 4, 1660, with additional members appointed, May 22, 1661, Sept. 5, 1662, and Oct. 21, 1663. For Jamaica, about instructions for government, July 3, 1661. For the Guiuea trade, Nov. 20, 1661. For the Royal Company of Adventurers, Nov. 28, 1662. For the fishing in Newfoundland, Dec. 2, 1663. To examine a proposal about preventing the running away of persons entertained [for the Plantations] upon pretence they were spirited. [Dom., Chas. II., Vol. CIV., No. 76, Cal., pp. 60-62.]
Nov. 13. 848. License to John Brown to trade with four Scotch ships to the English colonies and Plantations, notwithstanding the late Act of Navigation. [Dom., Chas. II., Vol. CIV., No. 88, Cal., p. 65.]
Nov. 14. 849. The Lords Proprietors of Carolina commission to Robt. Samford. Appointing him secretary and chief registrar for their county of Clarendon in the Province aforesaid, the duties of which offices are set forth ; with such salary, fees, and perquisites as by them and their General Assembly of the said county shall be appointed. ¾ p. [Col. Entry Bk., No. XX., p. 17.]
Nov. 14.
Chelsea.
850. Ambassador Van Gogh to [the Secretary of the States General]. Has received their High Mightinesses' letters and resolutions of 24th Oct. upon the remonstrance of the West India Company complaining of the English for making themselves masters of New Netherlands. Account of another audience with the King last evening, in which he repeated his former arguments and desired redress, also repeating the reasonable offers towards the reparation of damages pretended by the English. His Majesty added to what he had formerly said that he could also have brought a greater number of ships to sea (naming 40 sail) if that he would have followed the desires of the people, but that he has been willing to show himself inclinable to peace in all respects. Van Gogh assured his Majesty of their High Mightinesses' special and entire inclination for the continuance of mutual good correspondence, and that all possible means ought to be used to remove differences and prevent further breaches. His Majesty said he knew not what more to say, but that he had caused his answer to be drawn up in writing, which should be sent to Van Gogh in a few days. His Majesty still seemed to remain dissatisfied with all that was said, but in general referred to the answer to be given in writing. 4 pp. Printed in New York Documents, III., 80, 81. [Correspond. Holland.]
1664? 851. Alexander d'Hinoyossa [late Governor of the Delaware] to Col. Nicolls, Governor of New York. Acknowledges his very agreeable letter and his sorrow for his own loss. His Honour can console him therein by restoring his lost estate, which if the writer could get back he would live under Nicolls' government on the same conditions as he had from the city of Amsterdam—to cultivate the land for their mutual profit, should this be more advantageous to his Honour and servicable for the South River than that the writer should now quit. Answer should be sent to Capt. Thos. Howell in Maryland, where the writer will remain two or three months. If Nicolls does not accept requests a letter to the Duke of York in order that he may apply to his Highness on the subject. Dutch, 2½ pp. Printed in New York Documents, III., 82, 83. [Col. Papers, Vol. XVIII., No. 140.]
1664.
Nov. 16?
852. Petition of Henry Chicheley, Edward Digges, John Jeffries, and Francis Moryson to the King. In obedience to the orders of the Privy Council of 5th Oct. last, herewith present propositions which they conceive will conduce very much to the good of Virginia. Pray for a speedy time to be appointed for the hearing and determining of them. Annexed, Representation of the necessity of lessening the quantity of tobacco, and proposals for the effecting it. Indorsed, "Rec. Nov. 1664." Together 3 pp. [Col. Papers, Vol. XVIII., Nos. 141, 141 I.]
[Nov. 17.] 853. Warrant to pay Sir Thomas Modyford, Governor of Jamaica, 1,200l. towards transporting 1,000 passengers to Jamaica. Indorsed, 17th November 1664. [Dom., Chas. II., Docquet.]
Nov. 17. 854. Contract between the King of England and the Duke of Courland. The King grants to the Duke, his heirs and successors, liberty of trade for ships belonging to himself or themselves, but not to ships belonging to his subjects, in any river or haven within his Majesty's dominions on the coast of Guinea, also in merchandise not exceeding the value of 12,000l. yearly, with power to build warehouses under his Majesty's forts. In consideration whereof the Duke makes over to the King, his heirs and successors, the Fort of St. Andrews in Guinea, and all other his forts there, with warlike stores and instruments, and agrees to pay his Majesty 3 per cent. on all goods imported or exported by him at said ports. His Majesty further grants to the Duke, his heirs and successors, the island of Tobago, one of the Caribbee Islands, on condition that he suffer not any but his own subjects or those of his Majesty to settle in said island, who shall enjoy the same liberties, privileges, and immunities as the subjects of the Duke. And the Duke promises that no products of said island shall be imported or exported otherwise than into ports belonging to England and Courland or the port of Dantzic. And that whenever the King or his successors shall be engaged in war, except against the King of Poland, the Duke shall furnish a ship of 40 guns, to be manned and paid by his Majesty, but not for more than a year at a time. Latin and English translation. Two papers. [Col. Papers, Vol. XVIII., Nos. 142, 143.]
Nov. 19. 855. The answer of Lord Baltimore to the paper exhibited on 16th inst. to the Lords of the Privy Council by Sir Henry Chicheley, John Jeffries, Edward Digges, and Col. Francis Moryson, containing certain proposals for the lessening of the quantity of tobacco in Virginia and Maryland [see ante, No. 852]. 3 pp. [Col. Papers, Vol. XVIII., No. 144.]
Nov. 19.
Whitehall.
856. Order of Committee for Foreign Plantations. That the Farmers of the Customs appear at this Committee on the 24th inst., November (concerning the stinting of tobacco in Virginia and Maryland). 1 p. [Col. Papers, Vol. XVIII., No. 145.]
Nov. 19. 857. Col. Walter Slingsby to Williamson. Henry Miller, boatswain of the Elias, gives particulars of the taking of New Netherlands ; after taking the place they went 40 leagues higher and took Fort Aurania, which they called Fort Albany ; Sir Robert Carr went to Dilloway and surprised another Dutch fort. The Elias foundered coming from Sandy Hook on the coast of New England 140 leagues from shore. [Dom., Chas. II., Vol. CV., No. 19, Cal., p. 80.]
Nov. 19. 858. H. P— to John Knowles. The Quakers sentenced to banishment from Hertford to Barbadoes and Jamaica are returned ; the master of the ship certified that he had put them ashore by reason of disasters that had befallen him since their coming aboard, and for that he judged it contrary to the laws of England to transport men without their consent. [Dom., Chas. II., Vol. CV., No. 20, Cal., p. 80.]
Nov. 21. 859. Captain Morris Williams to Sir Thos. Modyford. Has received his letter, and is willing to bring his prize into Port Royal, if security be given that it shall be condemned to him, and will give up the English goods to Mr. Lidcott, on payment of freight. The Governor's Answer. Never was a ship condemned in the Admiralty Court until she was within its jurisdiction ; if he turns rebel to please his men, he will find that princes have long arms ; and even if he obtains the King's pardon, the prosecution of the English merchants will never leave any of you out of gaols until they are satisfied. Has now said and promised all he can or dare, to preserve him in his allegiance. 1½ pp. [Col. Papers, Vol. XVIII., No. 146.]
Nov. 24. 860. The Lords Proprietors of Carolina Commission to John Vassall. Appointing him Surveyor-General of their county of Clarendon, by himself or deputy, the duties of which office are set forth ; with such salary, fees, and perquisites as by them and their General Assembly of the said county shall be appointed. ½ p. [Col. Entry Bk., No. XX., pp. 17, 18.]
Nov. 25.
Whitehall.
861. The King to Francis Lord Willoughby, Governor of the Caribbees. In this conjuncture of a war between England and the United Netherlands, his Majesty has granted the Isle of Tobago to the Duke of Courland, his heirs and successors, for the equal benefit of his Majesty's subjects and his own. Directs him and all under his command to perform all friendly offices to said Duke's subjects and officers. 1 p. [Dom. Entry Bk., Chas. II., Vol. XIV., p. 45.]
Nov. 25. 862. Mem. in Sec. Sir H. Bennet's hand, for the Order in Council of this date, for the stinting of tobacco. That the limitation of planting the quantity of tobacco is inconvenient both to the Plantations and his Majesty's Customs. That limiting the time of ships to go or come from Virginia or Maryland will be inconvenient to the planters and to his Majesty's Customs. Encouragement to produce pitch, hemp, and tar. 1 p. [Col. Papers, Vol. XVIII., No. 147.]
Nov. 25. 863. Order of the King in Council. The hearing of the agents of Virginia and Lord Baltimore concerning the agreement of Commissioners for lessening the quantity of tobacco, consultation with the Farmers of his Majesty's Customs thereon, and their report that there should be no cessation, stint, or limitation imposed on the planting tobacco in Virginia or Maryland, nor any time limited for ships coming from either of those Plantations. Approving said report and directing accordingly, also that all hemp, pitch, and tar imported from thence of the manufacture or growth of those colonies should be custom free for five years. 2 pp. [Col. Papers, Vol. XVIII., No. 148.]
Nov. 25. 864. Order in Council, that notice be given in despatches to all foreign parts, and especially to the Plantations and factories in Africa and America, of the seizure made in England of all Dutch ships, and that letters thereof be speedily sent to Lord Willoughby of Parham, Sir Wm. Berkeley, Sir Thos. Modyford, and the Commissioners of New England. [Dom., Chas. II., Vol. CV., No. 83, Cal., p. 90.]
Nov. 25. 865. Minutes of documents relating to Naval affairs. Order for all hemp, pitch, and tar from Virginia and Maryland to be custom free for five years, in order to encourage the planters to apply themselves to commodities more beneficial than tobacco. [Dom., Chas. II., Vol. CVI., No. 99, Cal., p. 114.]
Nov. 29. 866. Circular letter from the King. Whereas his Majesty has granted licence for five years to Sir James Modyford to take all felons convicted in their circuits and at the Old Bailey, and afterwards reprieved in order to transportation to Foreign Plantations, and to transmit them to Sir Thomas Modyford, Gov. of Jamaica ; his Majesty hereby requires them to afford all requisite aid to said Sir James Modyford in the execution of this licence. 1 p. [Dom. Entry Bk., Chas. II., Vol. XIV., p. 46.]
Nov. 30. 867. Circular letter from the King to Admirals, &c. Whereas his Majesty has granted a Patent to John Browne and his heirs for setting up a work for refining sugar in Scotland, and whereas by a late Act for the encouragement of trade, all Scots ships seem to be excluded from trading with any Plantations belonging to his Majesty, by which said John Browne should be wholly destroyed as to that so public an undertaking ; his Majesty grants to said John Browne licence for four Scots ships to have free trade with those Plantations, provided said ships return directly into Scotland or England. See ante, No. 848. 1 p. [Dom. Entry Bk., Chas. II., Vol. XVI., pp. 286, 287.]
Nov. 30.
Boston.
868. Declaration at a Council held at Boston, called by the Governor, Capt. Googing, Mr. Russell, and Mr. Lousher. In answer to a letter to the Gov. and Council from Henry Joslin, John Archdale, Edward Rushworth, &c. on behalf of Ferdinando Gorges for the surrender of the Province of Maine to Gorges or his Commissioners according to the King's letter of 11 June 1664 [see ante, No. 750]. That the lands contained in the county of York by them called the Province of Maine were and are claimed as part of the Patent granted to the Massachusetts which precedes that granted to Sir F. Gorges, and therefore the Council may not give up the interest of the Colony without the consent of the General Court, who no doubt will be ready to attend the King's order to give his Majesty their reasons for their so claiming. They have good reason to believe the King has been misinformed concerning this matter, and that their messengers to him have been misrepresented or mistaken. They declare that no Commissioners from Gorges ought to exercise any government in Yorkshire or Province of Maine, but the inhabitants should yield obedience to the Massachusetts, who have the King's liberty to vindicate their right before any absolute injunction of surrender, so that in case of any evils falling out by the interposition of said Commissioners, they must be made accountable for the same. 1 p. Two copies. [Col. Papers, Vol. XVIII., Nos. 149, 150.]
Nov.? 869. Petition of Capt. Richard Carr to the King for relief and employment ; wishes to send for his wife and children from America, where they have suffered great hardships through his eight years' imprisonment in Spain. A warrant for 100l., the King's free gift, to encourage Carr in his military arts and sciences, is dated 16 Nov. Entry Bk., XVII., 71. [Dom., Chas. II., Vol. CIV., No. 135, Cal., p. 74.]