America and West Indies
December 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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258-265

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'America and West Indies: December 1664', Calendar of State Papers Colonial, America and West Indies, Volume 5: 1661-1668 (1880), pp. 258-265. URL: http://www.british-history.ac.uk/report.aspx?compid=76482 Date accessed: 02 September 2014.


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Contents

December 1664

Dec. 1-28. 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., pp. 94-104.]
Dec. 2.
Whitehall.
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.]
Dec. 7.
Whitehall.
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. 152.]
Dec.? 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.]
Dec. 13. 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.]
Dec. 13.
Barbadoes.
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.]
Dec. 14.
Madrid.
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.]
Dec. 20.
[Newhaven.]
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.]
Dec. 20.
Boston.
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.]
Dec. 28. 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.]
[1664.] 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.]
1664.
Jamaica.
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.]
1664.
Nevis.
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.]
1664.
Nevis.
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.]
1664? 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.]
1664. 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.]
1664? 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.]
1664? 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.]
1664? 889. Copy of the preceding. [Col. Papers, Vol. XVIII., No. 162.]
1664? 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.]
1664. 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.]
1664. 892. Fair copy of the preceding, indorsed by Williamson, The French pretences to Sta. Lucia. 2½ pp. [Col. Papers, Vol. XVIII., No. 166.]
1664. 893. Another copy of the above. 2½ pp. [Col. Papers, Vol. XVIII., No. 167.]
1664? 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.]
1664? 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.]