870. Instructions for the justices of the parishes in Jamaica.
Dec. 2.—Form of the judge's oath, and warrant to Peter Pugh to
administer same to Robert Byndlos, chief judge ; and to William
Beeston and Robert Corker, judges, at the Court of Common Pleas.
Dec. 15.—The form of the coroner's oath and warrant to the Chief
Judge of the precincts of St. Katherine's parish to administer the
same to whoever shall be chosen Coroner by the Freeholders.
Dec. 28.—Orders and rules directing the jurisdiction, method, and
forms of proceedings, in the courts settled for the several precincts
and parishes within this island, set forth by the Governor and
Council of Jamaica.
Table of fees to be received at the inferior Courts, and by the
Bailiff, Marshal, or Sheriff. 10 pp. [Col. Entry Bk., No. XXXIV.,
871. License of the Committee of the Admiralty. For the ship
the Great Charles, freighted by Sir Robt. Yeamans with servants,
provisions, and horses for Barbadoes, to be free from imprest. Signed
by Duke of Albemarle, Lords Ashley and Jo. Berkeley, Sirs Henry
Bennett, Edw. Nicholas, and John Nicholas. 1 p. [Col. Papers,
Vol. XVIII., No. 151.]
872. Order of the King in Council. Whereas Nich. Lucas, Hen.
Feste, Hen. Marshall, Fras. Pryor, Jo. Blendall, Jeremiah Hearne,
and Sam. Trehorne, convicted at Hertford, and sentenced to be transported
to some of his Majesty's Plantations in the West Indies, were
put on board the Anne of London, Thos. May, master, who set them
on shore in the Downs to go whither they pleased. Ordered that
said ship be seized on her return, and Thos. May sent for to answer
his contempt and offence. 1 p. [Col. Papers, Vol. XVIII., No.
873. Petition of William Willoughby and James Halsall, his
Majesty's servants, to the King. That they may have the management
of collecting the King's moiety of the revenue of the Caribbee
Islands, which by an Order in Council [of 13th June 1663, see No.
482] is designed to pay off the late Earl of Carlisle's debts. Offer to
do so upon his Majesty receiving an annual rent of the same value
as the past year, "of as full profit as can be hoped to be made of a
declining plantation as that of the Barbadoes apparently is," and
which cannot reasonably be expected to improve. Rough draft, in
the handwriting of Williamson, full of corrections. 2 pp. [Col.
Papers, Vol. XVIII., No. 153.]
874. Petition of Wm. Willoughby and James Halsall, "who
desire to ascertain and be accountable for his Majesty's revenue in
the Barbadoes, &c." Referred to the Earl of Southampton, Lord
High Treasurer of England, to consider and report to his Majesty.
⅓ p. [Dom., Entry Bk., Chas. II., Vol. XVIII., p. 104.]
875. Presentments and requests of the Grand Jury, viz., Jeremy
Taylor, for presuming to marry without a license or being in orders ;
the inhabitants of St. Michael's for not keeping their bridges in
good repair ; sundry small houses for selling rum ; the insufficiency
of the Act for repairing the highways, and request that the justices
of the peace may have power therein ; Anne Pace, spinster, for
having a bastard child, and Robt. Tothill for frequently accompanying
her ; Robt. Inman for notorious ill behaviour ; John Fenwick,
Provost-Marshal, for taking prisoners out of the common jail and
sending them to work on his plantations ; thanks to Lord Willoughby
for the safety of the island, as by his ordinance of 12th
Oct. 1664. Request that the quarter sessions may be kept only at
St. Michaels and Spikes, that no alien or foreigner be allowed to
keep any house of entertainment ; that none of his Majesty's freeborn
subjects residing in Barbadoes be permitted to keep in their
houses within any town more negroes than Christian servants ; that
no alien be allowed to keep any negro, by which there will be more
employment for his Majesty's free-born subjects ; that four or five
troops of dragoons be formed out of the militia ; that the abuses of
the under officers in levying the customs be redressed ; that the
arms which lie useless at St. Lucia be brought back for safety ; that
for the future there be no post office for letters in the island, for that
many inconveniences and abuses are incident to it. And that these
presentments and requests may receive more attention than those
made formerly by grand juries to other Governors. Signed by Robt.
Hooper. Certified copy dated 5th July 1665. 2 pp. [Col. Papers,
Vol. XVIII., No. 154.]
876. Capt. Sam. Carrington to the King. Can destroy by fireworks
any vessel in half an hour either under or above water.
Will want a safe conduct to England, owing to debts of 3,000l.,
incurred through losses in his Majesty's service in Barbadoes and
the Caribbees in 1650, and in Gambia with Prince Rupert in 1652.
[Dom., Chas. II., Vol. CVI., No. 86, Cal., p. 112.]
877. Wm. Jones to [Sec. Morrice]. At a meeting of the deputies
of this colony [of Newhaven], it was agreed to inform [Sec.
Morrice] by letter of the injuries the colony suffered from the Dutch
at Delaware Bay about 14 years ago, being violently repulsed out
of their just purchase and possession there, and their trading house
pillaged and burnt. Two or three years afterwards a new attempt
was made, and sundry persons were imprisoned by the Dutch. The
Indians of whom they purchased the land still own the right and
much desire the coming of the English. Humbly desires that their
just claim to the premises, when more fully presented, may be admitted.
Printed in New York Documents, III., 82. 1 p. [Col.
Papers, Vol. XVIII., No. 155.]
878. Samuel Mavericke to Col. Nicolls. Col. Cartwright and
Mavericke parted at Rhode Island, whence he sent him an account
of their quick passage. Intended to have given a visit to the
Governor of Plymouth, but finding no tract, he came straight
hither, where is also Col. Cartwright. Knows not as yet how the
people stand affected, but shall by degrees find out, and to that
purpose intends going to Salem, and as the weather proves, possibly
to Piscataqua. Beseeches him to hasten away Sir Robt. Carr, and
send them instructions for their proceedings. Finds it will be
necessary that all capable of being freemen have notice to appear, as
the election is about the beginning of May. 1 p. [Col. Papers,
Vol. XVIII., No. 156.]
879. A particular of ordnance, arms, powder, shot, and other
things sent to Barbadoes per the ship John and Thomas, in order
to the planting and settling of Port Royal, total cost 284l. 12s. 3d.
Also invoice of 100 firelocks at 10s. each sent at same time, to be
sold to such persons as shall desire to go to Carolina but want arms.
1¼ pp. [Col. Entry Bk., No. XX., end of Volume.]
880. Form of a Commission from Sir Thos. Modyford, Governor
of Jamaica, for the Surveyor-General of Jamaica, with the form of
oath to be taken, and of the bond of 100l. to be entered into for the
faithful discharge of said office. Indorsed, 1664. 2 pp. [Col.
Papers, Vol. XVIII., No. 157.]
881. Mem. that Lord Willoughby before his departure last year
as Governor of Barbadoes, was empowered to lay a new custom of
4½ per cent. upon the sugars of the island, and one half was granted
to the Governor, but as he receives it all, no account has been
received by the Exchequer "nor ever will be." [Col. Papers, Vol.
XVIII. No. 158.]
882. Twenty-seven Acts passed by the Governor, Council, and
Assembly of Jamaica, viz.—1. An Act against excessive usury. 2.
For the good governing of servants and ordaining the rights between
masters and servants. 3. For foreign attachments. 4. Requiring the
inrollment of deeds. 5. Rating meat sold by retail. 6. Empowering
any freeholders to plead their own cause. 7. For the better maintenance
of the ministry. 8. Declaring war against the outlying
Spanish negroes, unless they submit to the Government. 9. Concerning
the court-house. 10, 12. For regulating of the freight of boats,
wherries, and other vessels and their owners and employers. 11.
For the better ordering and governing of negro slaves. 13. To
prohibit transportation of several commodities out of this island in
a plantable and growing condition. 14. For preventing of retailing
of strong liquors by all unlicensed persons. 15. An additional Act
for the speedy raising of a public treasury in this island. 16. For
the encouraging of the produce and manufacture of this island, &c.
17. Against tippling, cursing, and swearing. 18. For dividing
Jamaica into several parishes and precincts. 19. For regulating
hunters. 20. Authorising his Majesty's justices of the peace within
this island to take cognizance of and decide all pleas and differences
betwixt person and person, not exceeding the value of 40s., &c.
21. Appointing rates for the goods of this island. 22. For regulating
the fees of the several offices of this island. 23. For the
raising of a public revenue out of all strong liquors imported or to
be imported into this island and for the disposal thereof. 24. Empowering
the Secretary of this island to take sufficient security of
every master of a ship or vessel and other persons that depart this
island. 25. Declaring the laws of England in force in this island.
26. Requiring the speedy survey of and taking out of patents for
the several proportions and allotments of land to the respective
inhabitants of the island, together with the regulating fees for the
broad seal of the same ; as also for expediting the improvement of
the said lands. An Act for the better amending and keeping
clean the common highways and known broad paths within this
island, leading to church and market, and for laying out new
highways, and turning old ones where it shall be needful. 27.
Declaring the proceedings of the Assembly convened by the Deputy
Governor Sir Chas. Lyttelton, Knight, null and void in law. 54 pp.
[Col. Entry Bk., No. XXXVII., pp 55-81.]
883. An Act for settling an impost (4½ per cent,) on the commodities
of the growth of this island." 3 pp. [Col. Entry Bk.,
No. XLIX., pp. 6-8.]
884. Copy of the preceding Act printed in the "Acts of Assembly
passed in the island of Nevis from 1664 to 1739 inclusive. London,
1740." The second Act printed in this volume is dated 1680.
[Col. Entry Bk., No. LVII., pp. 1-3.]
885. R[ich.] N[icolls], [Sir] R[obt.] C[arr], and S[amuel]
M[averick] to Edward Rawson. Request him to deliver the enclosed
letter to the Governor and Assistants of the Massachusetts so that
they may have a full and speedy answer thereto, which they request
may be delivered to Samuel Maverick. 1 p. [Col. Papers, Vol.
XVIII., No. 159.]
886. Admiralty papers of the year ; among them is a list of tenders
of goods addressed to Navy Commissioners ; in this list is a tender,
dated July 28th, by Sir Wm. Warren, of New England masts, 33 to
35 inches diameter, at 95l. to 115l. per mast. [Dom., Chas. II., Vol.
CVIII., Cal., p. 131.]
887. "The state of the case concerning our title to Sta. Lucia."
1. By the law of nations the island is judged to belong to the first
possessors. So the title will be properly a question of fact and not
of law, viz. : Whether we or the French did first possess that
island, for a single discovery or knowledge that there was such
an island, gives no more right to it than the seeing a bird or wild
beast makes it ours ; there is required an actual possessing. 2. By
Commission granted to [Thos.] Warner in 1626, who, at the expense
of Ralph Merrifield, first made discovery of them, it is evident
he had the propriety of St. Christopher's, Nevis, Montserat, and
Barbadoes, by name of all islands by him discovered near adjoining,
and not in the possession of any Christian Prince ; and Sta. Lucia is
next adjoining to Barbadoes, so that sufficiently confirms our title,
provided we make clear proof of our first discovery. 3. By Letters
Patent of 3rd July, 3 Car. I. (1627), this island by name amongst
many others was granted to the Earl of Carlisle, and all others
within 20° N. lat. 4. The first actual possession, the English appear
to have taken of it, was in 1638, when Warner, who was content to
be Governor under Lord Carlisle's Patent, granted a commission to
one Capt. Judlee of St. Christopher's to settle it ; who accordingly
settled it with three or four hundred men, and kept the same, till
for want of supplies and being continually infested by the Indians,
abetted by the French, who were said to go naked among them and
paint themselves as the Indians do, the English were forced from
the island in 1641 ; their Governor being first killed. The island remained
for several years unpossessed by any but Indians, till in 1652,
a little before Lord Willoughby arrived in Barbadoes, a treaty was
commenced between some inhabitants of Barbadoes and the Indians
of Sta. Lucia and adjacent isles ; notice whereof being taken by the
French of Martinico, they put over 15 or 16 persons, who remained
there, not planting any settlement, but only for a pretence to make
a claim to the island. Draft in Williamson's handwriting, see ante,
Nos. 581, 582. 2½ pp. [Col. Papers, Vol. XVIII., No. 160.]
888. Fair copy of the preceding, with one or two corrections and
additions by Williamson, who has endorsed it, Sta. Lucia : Our title.
2 pp. and 2 lines. [Col. Papers, Vol. XVIII., No. 161.]
889. Copy of the preceding. [Col. Papers, Vol. XVIII., No. 162.]
890. "The state of the case, setting forth the King's right and
title to the island of Sta Lucea, and all the rest of the Caribbee
Islands." This is almost a copy of paragraphs two, three, and four
of the preceding paper. 2 pp. Two copies. [Col. Papers, Vol.
XVIII., Nos. 163, 164.]
891. "The French pretences to Sta. Lucia." 1. It is said by the
French, that in 1626 certain Frenchmen obtained a commission from
Cardinal Richelieu to plant St. Christopher's and neighbour islands.
Whether this island was in the number appears not, but be it in the
grant or not the title ariseth from actual possession. 2. This grant
was confirmed to the Company des Isles d l'Amerique by Letters
Patent of March 1642, of all islands between 10° and 30° N. lat.,
not possessed by any Prince or State Christian, or belonging to
enemies of France, or possessed by French without commission.
3. In 1650 the Sieur de Beringer and Desloynes, by a power of the
Company, sold their right, Sept. 22, to Martinique, Grenade, Grenadine,
and St. Alousie, for 41,500 livres Tournois, to the Sr. du
Parquet (Jaques Diel) [see ante, No. 568] ; Governor des Isles de la
Martinique by Letters Patent, Oct. 1651. 4. In 1663 it is said
that the right to those islands was fallen to different persons. Guadaloupe
and Mary Galande [Marigalante] belonged to the Sieurs Houet
and Boisseret (Madame Houet is alive, 1664), Martinique and Sta.
Lucia were in the heirs of the Sr. du Parquet, Grenada and Grenadines
in the Sieur Cerillac and his heirs. But the French King
minding to reunite these broken interests in himself, or to give the
whole to a West India Company now to be erected, in which he
himself goes one tenth, constitutes D'Haligne, Colbert, and De Seve
to examine all titles of pretenders to the islands, and agree with
them for their respective interests. "What was the issue of this is
worth the inquiring into, he being in a condition to make any
title valid, when it comes to be his own." Immediately upon this
transaction, viz., in March 1664, the Sr. de Tracy was dispatched
from La Rochelle, with seven ships and near 1,500 passengers and
soldiers, to recover and assert the French title as well to these
islands, as to La Cayenne and Canada. Draft full of corrections by
Williamson. 4 pp. [Col. Papers, Vol. XVIII., No. 165.]
892. Fair copy of the preceding, indorsed by Williamson, The
French pretences to Sta. Lucia. 2½ pp. [Col. Papers, Vol. XVIII.,
893. Another copy of the above. 2½ pp. [Col. Papers, Vol.
XVIII., No. 167.]
894. Notes in the handwriting of Williamson relating to the
West Indies. Providence Island, heretofore called Cateline Island,
was in the English till 1640, when the Spaniards took it. Tortuga,
afterwards called Association Island, first "habituated" by certain
English noblemen in 1629, but in 1634 the Spaniards beat them
out. Sta. Cruz, an English island till 1651, when the Spaniards
beat them out, Nich. Phelips being Governor. 1 p. [Col. Papers,
Vol. XVIII., No. 168.]
895. Notes by Williamson, relating to the West Indies. Barbadoes :—
My Lord to move next Council day for a Committee to
report whether several Acts from the islands for the imposition of
4½ per cent., and one for revoking the state in Antigua, are fit to have
the King's confirmation. Petitions from the Leeward Islands ;—by a
letter from the King to intimate to L(ord) W(illoughby) that the King
will connive at it, though he thinks it not fit to give any privy
dispensation in it. That the season for defending Sta. Lucia will be
here ere long, which his Majesty will take care to do, and his
Lordship must in the meantime make his own party as good as he
can : that a ship either is or shall be shortly sent, but the paying of
her cannot be taken up on that fund, being otherwise assigned, and
out of the King's power. To have such permission of christening the
regiment, provided it cost no money ; though its a hard chapter to
be at expense from here upon the Plantations, yet it may be recommended
by my Lord to the King to send 1,000 muskets. Designs
upon the Dutch ; the condition of things being now different, his
Lordship is to preserve himself as he is, till his Majesty's affairs suffer
him to take further thoughts in it. Indorsed, Plantacõns, Barbadoes,
Jamaica. Sr. Rich. Fanshaw. Resolucõns taken with my
Lord Chancellor. 1¼ pp. [Col. Papers, Vol. XVIII., No. 169.]
896. Petition of Gregory De La Croix to Lord Willoughby,
General of the English West India Islands. Sent for England
about Easter last by order of his Excellency, he transported himself
as far as the fleet would go, namely, to Ireland, where he was
accused of being a Jesuit and a spy, and forced to stay there four
months in great want. These ships coming for the West Indies he
was forced to beg a pass of the Governor for Antigua and Barbuda,
where petitioner has some acres of land, which pass the Governor
granted, as he knew petitioner "was never nor a Jesuit nor a spy,"
and that he had been one of the Queen Mother's servants. Prays
leave to gather his things, and then to live at Antigua, where he
promises to serve the public in matters of physic. Draft full of
corrections. 2 pp. [Col. Papers, Vol. XVIII., No. 170.]
1664 to 1671.
897. Accounts of the revenue of Jamaica and disbursements,
extracted from the books of accounts of Governor Sir Thos. Modyford,
which books were duly kept by way of debtor and creditor,
after the Italian manner, arranged under the several heads of the
King's particular account : Ammunition account ; Ale-house impost ;
Escheats belonging to the King ; Fifteenths of prizes to his Majesty ;
Quit rents ; Storehouses at Port Royal. 31 pp. [Col. Entry Bk.,
No. XXVII., pp. 138-168.]
1664 to 1672.
898. "Extract of all his Majestys despatches to the Plantations,
from 1664 to 1672. Earl of Arlington, Secretary." Being a table
of contents of three books containing the King's letters, commissions,
and instructions to his Majesty's Plantations. Indorsed as
above. 6½ pp. [Col. Papers, Vol. XVIII., No. 171.]