America and West Indies: July 1677, 16-31

Pages 116-138

Calendar of State Papers Colonial, America and West Indies: Volume 10, 1677-1680. Originally published by Her Majesty's Stationery Office, London, 1896.

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July 1677, 16–31

July 16.
Aboard the Bristol, Virginia.
334. Thomas Ludwell to Secretary Sir Joseph Williamson. Seven months on his passage; the three weeks he has been back too short a time to enquire into the true causes of the discontents yet amongst the people which the Commissioners have not effectually taken away. Is of opinion it will very much contribute to their future settlement if His Majesty send a full Act of Indemnity, but with reservation of every man's right to the recovery of just debts. Doubts not many will beg the estates of those who suffered for their rebellion; his opinion thereon, "since in such disturbances it is impossible, but all who had estates must suffer loss, so such course may be taken to lessen it as shall be found practical." His Majesty's ships under the command of Sir John Berry near sailing; no supplies can be had this time of year where the people make tobacco their sole commodity. Wants of the soldiers; in a very sickly condition. Thinks 200 men placed in a good fort sufficient to prevent any future disturbances; suggests an impost upon all liquors imported, as at Barbadoes, to defray the charges. 2 pp. [Col. Papers, Vol. XLI., No. 17.]
July 17.
335. The King's Warrant to Sir John "Robinson, or in his absence to Captain Francis Rainsford at the Tower of London. To raise by beat of drum about the City of London 57 men for recruiting the two foot Companies in St. Christopher's. Countersigned by Secretary Sir Henry Coventry. Annexed,
335. i.–ii. Two lists of the names of the fifteen and forty-two private soldiers raised by Captain Rainsford and mustered at the Tower. Signed by D. Cranford.
335. iii.—iv. Contract with the Commissioners of the Navy for transporting the above soldiers to St. Christopher's in the Hopewell, 120 tons, Michael Russell, Master. Also Heads of said Contract. 1677, July 24.
335. v.—vii. Receipts for the soldiers aboard the Hopewell with their names. Also for 57 beds, rugs, blankets and pillows, and for clothing. 1677. August 9th–11th.
335. viii. Account of the red coats, breeches, shirts, shoes, stocking, hats, neck-cloths, beds and beddings, hammocks for the above 57 soldiers. Total cost 160l. 5s. 6d. "Allowed this 21st September 1677."
335. ix. Account of the charges for raising, keeping, and embarking 57 men, reeruits for His Majesty's service in St. Christopher's. Total, 115l. 11s. od. "Allowed, 8th November 1677." Together, ten pages. [Col. Papers, Vol. XLI., Nos. 18, 18 I.—IX., and Col. Entry Bk., Vol. XLVI., pp. 232–240.]
July 17.
336. The King's Order, signed by Secretary Sir Henry Coventry. That the seven papers herein described relating to the affairs of Virginia be referred to the consideration of the Lords of Trade and Plantations. [Col. Papers, Vol. XLI., No. 19; also Col. Entry Bk., Vol. LXXX., pp. 151, 152.]
July 17. 337. Memorial of abuses which are crept into the Churches of the Plantations presented to the Lords of Trade and Plantations by [Henry Compton], Lord Bishop of London. In reference to the King's right of partonage and presentation to all vacant benefices; the profits of each vacant parish; the hiring of ministers; the payment to them in commodities, generally the worst and over-rated; the want of public places in Virginia to bury the dead, "insomuch that that profane custom of burying in their gardens, orchards, and other places still continues"; the authority of vestries; the defect in the execution of two Acts in Virginia, prohibiting the solemnization of marriages without a lawful minister, imposing punishment for fornication, and making the children illegitimate, and prohibiting the exercise of the ministerial function without ordination from some Bishop in England; and the want of care for the passage and other accommodations of ministers sent over. Endorsed, "Received from the Bishop of London, 17 July 1677, and read at the Committee. [Col Papers, Vol. XLI., No. 20, and Col. Entry Bks., Vol. LII., p. 27, Vol. LXXX., p. 150, and Vol. XCVII., pp. 47–49.]
July ? 338. Answers to the preceding memorial [? in the handwriting of the Lord Bishop of London]. Desires that notice be given of all vacancies, and that none without orders be permitted to officiate; that profits of vacant parishes be laid out for repairs of the church, and for conveying over ministers to supply them; that ministers be constantly resident in their parish, and not permitted to hold more than one parish; that churchyards be allotted, and bounded in; that vestries be reformed, according to the use of England; that all marriages be solemnized by lawful ministers; and that some provision be always ready for transporting ministers. 1 p. [Col. Papers, Vol. XLI., No. 21.]
July 17.
339. Journal of the Lords of Trade and Plantations. On consideration of the Order of Council requiring the Committee to take care for the raising recruits for St. Christopher's, their Lordships desire Mr. Secretary Coventry to deliver a warrant to Captain Rainsford for beating drums in order to raise 57 men for this purpose, which Mr. Secretary promised to do. Letter written to Mr. Cook to this effect, and a warrant issued accordingly.
My Lord Bishop of London presents a memorial of abuses crept into the churches of the Plantations containing nine articles, as follow:—1. That Governors keep parishes vacant, and commission persons to officiate without orders. Whereupon ordered that this abuse be represented to the Governors of the Plantations under His Majesty's immediate jurisdiction for redress. 2. That the profits of vacant parishes are converted by the people to their own use.
This to be redressed by the Governors. 3. That ministers are hired for time. To be likewise remedied. 4. That the ministers are ill paid. The Governors in this particular to observe the laws of England. 5. That in Maryland and other places there is no settled maintenance for ministers at all. Upon which heading Lord Baltimore is called in, that he may propose a means for the support of a convenient number of ministers against Thursday (see No. 348), and it is further agreed that this defect ought to be supplied in all the Plantations remaining under propriety, and that letters be written accordingly. 6. That in Virginia there are no places allotted to bury the dead; which is to be signified to the Governor for redress. 7. That the vestry exercise a power over the ministry. Their Lordships will consider the law of Jamaica, which concerns the vestry in reference to the ministry. 8. That in Virginia the laws are not duly executed, prohibiting marriages to be solemnized without lawful ministers, and persons to exercise the ministry without proof that they are in orders. These laws are to be observed in every place. 9. That no care is taken for the passage of new ministers. It is thought fit that the Governors provided for the expense of transporting ministers and other charges out of the profits arising by the vacancies.
Several members of the Royal African Company attending upon summons, Sir Jonathan Atkins' letter of 13th May (see ante, No. 241) is read; ordered that copy be delivered to the Company for their answer in writing, with the proposals they think fit to make. Letter likewise written to Mr. Solicitor, enclosing copy of Governor Atkins' letter for his opinion whether negroes ought to be esteemed goods or commodities intended by the Acts of Trade, which provide that no commodities be imported or exported out of His Majesty's plantations, but in ships that belong to the people of England. Letters written accordingly. [Col. Entry Bk., Vol. CV., pp. 82–86.]
July 17. 340. Warrant from the King to Sir John Robinson, knt. (Lieutenant of the Tower), or in his absence to Captain Francis Rainsford at the Tower, forthwith to cause drums to be beat about the City of London for raising 57 men for recruiting the two foot companies employed in the island of St. Christopher's. ½ p. [Dom. Entry Bk., Chas. II., Vol. XXIX., p. 214.]
July 17. 341. Warrant from the King to the Commissioners of the Admiralty. That whereas His Majesty has given order for raising 57 men for recruiting the two Companies of Foot in St. Christopher's, they give orders for transporting them thither by the first opportunity. ½ p. [Dom. Entry Bk., Chas. II., Vol. XXIX., p. 214.]
[July 17.] 342. Report of Lords Chief Justices Sir Richard Raynsford and Sir Francis North to the Lords of Trade and Plantations. Had appointed a day for the hearing of all parties according to their Lordships order and received such papers as they were pleased to deliver, at which time the Respondents (Massachusetts) disclaimed title to the land claimed by the Petitioners (Mason and Gorges); and it appeared that the said lands are in the possession of several persons not before the Lords Chief Justices, whereupon it was not thought fit to judge of any title without hearing the Tertenants or their agents, but to direct the paties to such course of justice as there might be on the place. Examined the parties' claims to the Government, and the petitioners having waived the pretence of a grant of Government from the Council at Plymouth, their own counsel convincing them that no such jurisdiction could be transferred by any course of law, the question was reduced to the Province of Maine, whereto the the Petitioner Gorges made his title by a grant from Charles I. in the 15th year of his reign to Sir Ferdinando Gorges and his heirs of the Province of Maine, and the government thereof. The Respondents answered that before, viz., in 4 Charles I., the government was granted to them, and produced copies of Letters Patent which recited a grant to certain persons from the Council of Plymouth; by said Letters Patent the King confirmed the grant, made them a corporation and gave them power to make laws. To this it was replied that the Patent of 4 Charles I. was invalid for the reasons set forth. Conceive that the patent of 4 Charles I. is good notwithstanding the grant of 18 James I., for it appeared by the recital in the patent of 4 Charles I. that the Plymouth Council had granted away all their interest in the lands the year before, and it must be presumed that they then deserted the Government, whereupon it was lawful and necessary for the King to establish a suitable frame of government as was done by the Patent of 4 Charles I., making the Adventurers a corporation upon the place. As to the second matter, it is clear that the grant extends no farther than the boundaries expressed in the Patent, which cannot be construed to extend farther than three miles north of the Merrimack. The north and south bounds of the lands granted so far as the rivers extend are to follow the course of the rivers, which make the breadth of the grant and the words describing the length to compehend all the lands from the Atlantic to the South Sea of all the breadth aforesaid do not warrant the overreaching of these bounds by imaginary lines; the breadth was not intended an imaginary line laid upon the broadest part, but the breadth respecting the continuance of the boundaries by the rivers as far as they go, and when they stop to be carried on by imaginary lines to the South Sea. If Maine lies more northerly than three miles north of the Merrimack, the Patent of 4 Charles I. gives no right to govern there, and the Patent of 15 Charles I. is valid to the Petitioner Gorges. Are of opinion on the whole matter as to the power of Government that the Massachusetts and their successors by the Patent of 4 March, 4 Charles I., have such right of government as is granted by the patent within the boundaries therein expressed according to the exposition above made, and that the Petitioner Gorges his heirs and assigns by the Patent of 3 April, 15 Charles I., have such right of government as is granted by the Patent in this the Province of Maine according to the boundaries therein expressed. "Recd and read at Comt", 17 July 1677." Two papers. 3 pp. [Col. Papers, Vol. XLI., Nos. 22 and 23; also Col. Entry Bk., Vol. LX., pp. 213–218.]
July 17. 343. Report of the Lords of Trade and Plantations to the King. Recite the preceding Report of the Lords Chief Justices with which they fully agree.Signed Anglesey, Ormond, Craven, Bath, H. London, J. Williamson, G.Carteret, Edward Seymour, and Thomas Chicheley. "Read in Council, 18 July 1677." 4 pp. [Col. Papers, Vol. XLI., No. 24; also Col. Entry Bk., Vol. LX., pp. 219, 220.]
July 17.
344. Journal of Lords of Trade and Plantations. Reports of the Lords Chief Justices touching the pretensions of Mason and Gorges against the Government of Boston read and copies ordered to be given to the respective parties. [Col. Entry Bk., Vol. CV., p. 81.]
July 17.
Council Chamber (Whitehall).
345. William Blathwayt to Royal African Company [Mr. Roberts? Secretary]. Encloses copy of Sir Jonathan Atkins' letter (see ante, No. 241) by order of the Lords of Trade and Plantations, who desire the Company to take it into their consideration, and return their opinion in writing on Thursday next with such proposals as they may think fit to make. [Col. Entry Bk., Vol. I., p. 76.]
July 17.
Council Chamber (Whitehall).
346. Philip Lloyd to the Attorney-General [Sir William Jones] or the Solicitor-General [Sir Francis Winnington]. The Lords of Trade and Plantations desire to know their opinion whether negroes ought to he esteemed goods or commodities intended by the Acts of Trade and Navigation, which provide that no goods or commodities whatsoever shall be imported or exported out of any of His Majesty's plantations in other ships than such as belong to the people of England. On same sheet: Opinion of the SolicitorGeneral that negroes ought to be esteemed goods and commodities within the Acts of Trade and Navigation, and so it hath been admited upon debate before the Lords Committees of Plantations. 1677, July 24. [Col. Papers, Vol. XLI., No. 25, and Col. Entry Bk., Vol. I., p.78.]
July 18.
347. Newsletter of Sir Thomas Lynch. Five or six French and English privateers lately come to Jamaica from taking Sta Martha, Barnes being one and Coxon expected every hour. On board the Governor and the Bishop, and Captain Legarde has promised to put them on shore The plunder of the town was not great, money and broken plate about 20l. a man. To-morrow Captain Lynch, a Dutchman, of 25 guns, goes out of harbour, two Frenchmen wait for him, but he is resolved to fight them both. The Governor and the Bishop, that the town might not be burnt, agreed with them for the ransom, but instead of pieces of eight, the Governor of Carthagena sent 500 men by land and three vessels by sea, but the privateers fought them and killed about 50 in their first volley, the rest fled.
July 23. Two days since, Coxon came in and surrendered and brought ashore the Bishop and a friar. His Lordship (Governor Vaughan) has taken care to lodge the Bishop well, "the good old man is exceedingly saisfied." Means taken by Governor Vaughan to procure the liberty of the Governor and others, but finding thern (the privateers) all drunk, it was impossible to persuade them to do anything by fair means. Colonel Ballard and myself now going to see what we can do. The taking of Sta Martha was by surprise and at break of day, as most of their enterprises are The French came not near till the fort was taken and they out of danger of the great guns, so that Coxon and the English with him did all. The (Spanish) ships, perceiving the French colours set up on the castle and town, sailed away. So this great expedition ended, in which most of the warriors at Carthagena were engaged, and old Quintano, Admiral at sea. 4pp. [Col. Papers, Vol. XLI., No. 26.]
July 19. 348. Minutes of the Lords of Trade and Plantations. On reading a letter from the Archbishop of Canterbury to the Bishop of London [see No. 1005 previous volume of Calendar], Lord Baltimore presented a paper setting forth the present religion in Maryland. That for the encouragement of those willing to settle in Maryland a law was made giving toleration to all believing in Jesus Christ, nor should they be molested in respect of religion, and for many years this toleration and liberty has been known in the government of that province. That there are now four ministers of the Church of England residing there who have plantations of their own, and those who have not are maintained by voluntary contributions of their own persuasion, as others are of the Presbyterians, Independents, Anabaptists, Quakers, and Romish Church. That there are a sufficient number of churches and meeting-houses for the people there which are kept in good repair by voluntary contributions. That the laws are made by advice and consent of the freemen by their Delegates in Assembly, as well as by the Proprietors and Council. That three-fourths of the inhabitants are Presbyterians, Independents, Anabaptists, and Quakers, the rest being of the Church of England and Romish Church, so it would be most difficult to draw such persons to consent to a law to maintain ministers of a contrary persuasion to themselves, having by that act of religion an assurance of freedom in divine worship and no penalties or payments in that particular. That this same toleration. is in Carolina, New Jersey, and Rhode island.
"Whereupon their Lordships sign a letter to Lord Baltimore as follows:"—Have received very credible information that many inhabitants of Maryland live very dissolute lives, committing notorious vices and profaning the Lord's Day. Hope there are sufficient laws to restrain and punish such evil lives and oblige men to live at least like Christians, though not of the same profession. If the laws be full enough, desire his Lordship to have them put in execution, or, if defective, to pass-such new laws as the occasion requires. Have reason to believe this wicked kind of living proceeds from there being no certain established allowance for the ministers of the gospel, especially of the Protestant religion according to the Church of England, the cause of a great want of able ministers. Know how necessary it is to have this want supplied without imposing any burthen upon the inhabitants that they are willing freely to settle, therefore desire his Lordship to write to the Governor and Council of Maryland to send over an account of the number of Protestant ministers of the Church of England and their allowances, also of the number of Protestant families and the value of their plantations, and how many congregations they make up; also to inquire what each congregation will freely settle for the maintenance of an able minister, which, when agreed upon, to be enacted into a law as in His Majesty's other plantations. Would likewise be glad to have account of the number of ministers or teachers, of dissenters and their allowances, and of the number of the planters, their persuasions, and the number of each persuasion Two papers. The first is endorsed, "Recd from Lord Baltimore 19 July 1677 and read at the Committee"; the second is endorsed, "Letter to be sent to my Lord Baltimore, Governor of Maryland. Approved and delivered to my Lord Baltimore on 19 July 1677." [Col. Papers, Vol. XLI., Nos. 27, 28; also Col. Entry Bk., Vol. LII., pp. 31–35.]
July 19. 349. Journal of Lords of Trade and Plantations. Letter read from a minister in Maryland (John Yeo) to Archbishop of Canterbury(see No. 1005 I. previous volume of Calendar.) Whereupon Lord Baltimore is called in, who offers a paper. Their Lordships therefore agree to write to Lord Baltimore (see preceding abstract.) After which the law of Maryland concerning religion, permitting liberty of conscience, and a free exercise of service to all persons and sects professing to believe in Jesus Christ.
Mem.—Their Lordships think fit that, when allowances are settled by law in Maryland and other parts, according to the abilities of the inhabitants, some means be found out here for the charitable supply of what shall be wanting for the subsistence of the ministers. Also the several Governors are to find out some further encouragement for them when they have been there some time, either by assigning them lands or otherwise.
The Bishop of London represents the ill-usage of ministers in the Plantations, and their too great subjection to the vestrymen, as particularly appeared by the law of Jamaica, entitled An Act for the better Maintenance of the Ministry, for remedy whereof their Lordships think fit that the ministers make a part of the vestry in the regulation of all matters except in the settlement of their maintenance.
Mem.—Ten Acts made in Maryland received from Lord Baltimore, and at same time delivered to his Lordship a letter from the, Committee concerning religion and orderly living in that colony. [Col. Entry Bk., Vol. CV., pp. 87–89, and pp. 92–93.]
July 19.
350. Journal of Lords of Trade and Plantations. Mr. Randolph called in, and after informing their Lordships that the New England Government had settled several Custom-houses without any authority from His Majesty withdrew. Whereupon the agents of New England are called in and examined npon the representations of Mr. Randolph, with the exception of the first article concerning the charter and other points. And their Lordships report upon the whole matter to His Majesty (see next entry). [Col. Entry Bk., No. CV., pp. 89, 90.]
July 19. 351. Report of Lords of Trade and Plantations [through the Lord Privy Seal] to the King. The Massachusetts agents declared that they had no other instructions than to answer the particular claims of Mason and Gorges, and were not capacitated to satisfy their Lordships on any other questions otherwise than as private men and His Majesty's subjects. As to the opposition to the King's Commissioners in 1665, and the turning out of Justices of the Peace settled by His Majesty's authority, they answered that they knew nothing of any act of violence, and could only remember that some alteration did at that time happen in the Province of Maine without any violence or hostility. They had seen Whalley and Goffe in those parts, but on His Majesty's proclamation warrants were immediately issued out against them and persons commissioned to pursue them, notwithstanding which they made their escape. They acknowledge His Majesty to be their sovereign, and submit to his authority; they never proclaimed or acknowledged the late usurping powers, but conformed themselves to the rules of their charter, and are willing to take the Oaths of Allegiance and Supremacy in terminis, as is prescribed by their charter. They confess the charge of coining money, having been necessitated to it about 1652 for the support of their trade, and have not yet discontinued it, it being never excepted against, and submit this matter to His Majesty and beg pardon if they have offended. They deny putting any persons to death for matters of religion only, but there being a law that no Quakers, being strangers, should come into their Government, some did transgress it notwithstanding banishment, and were therefore executed; there are now many Quakers living among them. As to the violation of the Navigation Acts, there are perhaps some private persons who trade indirectly not having understood them, but the Governor is obliged to take bonds to hinder it, and will submit to His Majesty's orders therein. The law against Christmas was made in the late troubles, but not to their knowledge put in execution; they confess that they collect small customs on imports for the support of the Government. 2 pp. Col. Papers, Vol. XLI., No. 29; and Col. Entry Bks., Vol. LX., p. 223, and Vol. CV., pp. 90–92.]
352. "The case of the Governor and Company of the Massachusetts Colony in New England." The three patents are recited, and the report of the Lords Chief Justices on the claims of Mason and Gorges. The report excluded from the Massachusetts Government the four towns of Dover, Portsmouth, Exeter, and Hampton, parcel of Mason's claim. Not long after the Lord Chancellor informed the agents of the Massachussetts Company that the King would pardon them for coining and other offences, and grant them a license for coining in the future. The news of this brought great joy into the colony, but the inhabitants of those four towns, finding themselves excluded from the Massachusetts Government, and that Mason had no right to govern them and so were under no government, petitioned the King to continue them under the Massachusetts Government by whom they have been peaceably governed for the last 40 years. Hereupon the agents besought the King for a grant of the government of the four towns, because the inhabitants desire it, because the Government is vested in the King, because a government there is absolutely necessary for the prevention of distraction and violence, and that no other government can so conveniently protect them, the Company being content that there should be a saving to Mason or any other's right. This petition being referred to the Lords of Trade and Plantations, where it now depends, a petition is put in against the grant by Mason and Gorges, but Gorges on examination disowns the petition. The agents, having spent 15 months in England, and the season of the year and their private affairs calling them home, pray a hearing before the Committee and a grant of the matter petitioned for, not doubting but at their return home to give a testimony of the duty of the Massachusetts Company, who are now resolved to give an entire obedience to the Trade and Navigation Acts and to continue loyal to the King. 3 pp. [Col. Papers, Vol. XLI., No. 30.]
July 20. 353. Order of the King in Council. The Lords of Trade and Plantations having presented a report on the matters of controvsrsy concerning Massachusetts, and having on the 18th instant ordered the agents of the Massachusetts and Mason and Gorges to attend if they had objections to make, who not alleging anything material to prevail with His Majesty and the Board, the report was confirmed and all parties ordered to acquiesce therein. 2 pp.[Col. Entry Bk., Vol. LX., p. 221.]
July 20. 354. Order of the King in Council. The Massachusetts agents having offered in writing their answers to the objections against the Massachusetts corporation, they are referred to the Lords of Trade and Plantations to meet next Thursday, and on every Thursday till they have brought the business to maturity. 2 pp. Annexed,
354. i. The answer of the agents of the Massachusetts referred to, ante No. 351. Premise that being sent over to answer Mason and Gorges' petitions they come only prepared for that, but as regards other things they answer as private persons according to their best judgment. (1.) The oath of allegiance: Is according to the substance thereof taken by all magistrates, freemen, and those who take the oath of fidelity though not in the from enjoined by law in England; know of no objection against that form if it is required. (2.) The protection of the Regicides: On the coming over of the King's declaration of 6th June 1660 warrants were issued for the seizure of Goffe and Whalley, who, conveying themselves away, were followed by messengers of good repute for fidelity to the King; these strictly pursued them through their colony into the neighbour colonies, and were rewarded for their pains though not able to overtake them. (3). The coining of money: About 1652, the necessity of the country calling for it in support of commerce, they began to coin silver money to pass current in their own colony and not to be exported, which money they have continued to coin, no prohibition having been received from the King, for which they implore the King's pardon, and beg that the privilege being of prejudice to none yet extremely useful to the colony may be continued under what impress the King pleases. (4.) Putting to death for opinion in religion: Some time before the King's restoration some quakers were put to death, but not for their opinion in religion only but because being strangers and turbulent seducers in opposition to the laws in that case established they did after conviction and banishment wilfully force themselves in again, but for the time to come they suppose no capital punishment will in such case be inflicted. (5.) Opposition to the King's Commissioners in 1665 and forcible expulsion of Justices of the Peace in 1668: Cannot give a particular account of the reception of the King's Commissioners as they were not then concerned in the government, but know that many public respects were paid them; acknowledge that after their departure there was an alteration in civil government in Maine which was with the desire and consent of the generality of the inhabitants and not in any hostile manner; several of the Justices themselves from a consciousness of their own unfitness for the charge and the small effect it had urged that change. (6.) Oath of Fidelity to the Government: An oath of fidelity is required to the King's government by charter there established wherein the oath of allegiance is comprised, there being no fidelity required inconsistent with allegiance to the King. (7.) Violation of the Act of Trade and Plantations: These acts have not been observed strictly by some merchants but the damage to the King is very inconsiderable compared with what is reported, and there is no doubt that on due consideration of the matter the Massachusetts Government will apply themselves to their duty in this; hope that the King will experience their managery before any other be employed therein. (8.) Collection of customs, &c.: Goods exported pay no duty, but there are some small customs on goods imported which with the excise on taverns, alehouses, and the beaver trade, could never be farmed at above 700l., which was thought necessary for the support of Government and the ease of the Planters on whom otherwise the burthen would have been disproportionable. (9.) Making laws repugnant to the laws of England: Acknowledge that they have only power to make laws not contrary to the laws of England and will take care there be no other. Endorsed, "Read in Council July 20th 1677." 4 pp. [Col. Papers, Vol. XLI., No. 31; also Col. Entry Bk., Vol. LX., pp. 226–227.]
355. Memoranda concerning New England. Charles I., by letters patent dated 4th March in the 4th year of his reign created the Governor and Company of Massachusetts Bay, a body corporate, to have power to purchase and dispose of lands, to elect freemen of the Company, to appoint those to direct its affairs, to make laws for the welfare of the plantations and people, so as such laws were not repugnant to the laws of England, to settle the forms of government, to name officers, to set forth their duties and the forms of oaths to be administered to them, to impose lawful fines and imprisoment or other correction according to the courts of corporations in England, and to dispose other matters whereby the people may be peaceably, civilly, and religiously governed, and the natives be won to the knowledge of God, which was declared to be the principal end of the intended plantation. The oaths of allegiance and supremacy were also recommended to the Company. It may be seen from a book of the laws and liberties of the Massachusetts, printed at Cambridge in New England, 1672, by order of the General Court of Boston, how the Company, being a mere corporation restrained by their charter to act according to the Court of Corporations in England, has yet taken upon itself to act contrary to the laws of England. (1). That no man's life should be taken away nor good name stained nor person arrested nor deprived of wife or children or goods unless by virtue of some express law of the country established by a General Court and sufficiently published, or in defect of a law by the word of God. Qu. Whether the charter gives power to make such absolute laws or any law extending to life, member, or banishment. (2.) That the General Court consisting of Magistrates and Deputies is the chief power of the Commonwealth which only has power to raise taxes, dispose of lands, confirm proprieties, and may act according to this power in matters of judicature, making of laws, impeaching, sentencing, receiving, and hearing complaints. Qu. Whether the charter gives power to raise taxes or make such absolute laws as if it were a commonwealth. (3.) That any man conspiring or attempting an invasion or insurrection or the subversion of the government be put to death. Qu. Whether this does not show how they forget that they are only a corporation without power to put to death. (4.) That a mint be erected at Boston with liberty to bring thither bullion, plate, or Spanish coins to be coined into 12d., 6d, and 3d pieces, with the inscription Massachusetts and a tree on one side, New England, the year of our Lord, and the figure XII, VI, III, according to the value of the piece, Qu. Whether treason be not here committed, the Corporation dissolved and charter foreited. (5.) That no person shall join persons in marriage but the magistrate or such other as the General Court or Court of Assistants may authorise when no magistrate is near, and that no one shall marry except before such magistrate or person. Qu. Whether this law be not repugnant to the laws of England, as marriage is of ecclesiastical jurisdiction, and should be performed by the priest, and loyalty of matrimony ought to be certified by the bishop. (6.) That persons excommunicated or condemned have power to dispose of their estates. Qu. Whether the Charter gives power to excommunicate or condemn, and if it does, whether the law is not repugnant to the law of England. Qu.Whether several laws be not repugnant to the laws of England and above the power given by the Charter, e.g., to put to death for adultery, to deliver a stubborn and rebellious son to the magistrates to be put to death. 5 pp.[Col. Papers, Vol. XLI., No. 32.]
356. An abridgement of part of the Massachusetts Charter, showing them a Corporation of England to reside in England. James I., by letters patent dated 10th April, in the fourth year of his reign, granted to Sir Thomas Gates, Sir. George Somers, knts., and others, liberty to divide themselves into two colonies in the parts of America between 34° and 45°, the first.colony to be undertaken by gentlemen and merchants of London, the second by gentlemen and merchants of Plymouth. King James, 3rd November, in the eighteenth year of his reign, established that the continent in America lying between 40° and 48° N. lat. from, sea, to sea should be the limits of the second colony, and be called New England in America, and established a Corporation of 40 persons under the name of the Plymouth Council, for planting, &c., New England. Further, the Duke of Lennox, Marquis of Buckingham, and others, to the number of 40, were confirmed the first Council, with power to purchase lands, to sue and be sued, &c., and the Council was empowered to grant liberty of traffic to New England and possession of lands, and to make laws, &c., so long as they were not repugnant to the laws of England. This Council, 19th March, in the third year of Charles I., in an indenture reciting how, the. Continent was granted to be held by them, paying only to the King the fifth part of the gold and silver ore, granted to Sir Henry Rosewell, Sir John Young, knts., Thomas Southcot, &c., all that part of New England within certain mentioned limits, to be holdern, of the King as they had held it. Sir Henry Rosewell and the others obtained from the King, 4th March, in the fourth year of his reign, a confirmation of this grant, in which they were constituted a Corporation by the name of the Governor and Company of Massachusetts Bay, with power to purchase and alien lands, to choose a Governor, Deputy Governor, and 18 Assistants for the government of the plantation. Matthew Cradock was nominated first Governor, and Thomas Goffe Deputy Governor; 18 Assistants were chosen: the Governor to have the power of assembling the Company and to hold a Court once a month, the Governor or Deputy Governor and seven Assistants to be a sufficient Court, and on the last Wednesday in Easter, Trinity, Hilary, and Michaelmas Terms one great general assembly to elect freemen, appoint officers, make laws, &c.; the Governor and Assistants to be chosen yearly on the last Wednesday in Easter Term. The Governor and Company to have liberty to export persons willing to live there; all persons born in New England or on the passage by sea to have the immunities of natural subjects. On the whole matter foregoing it appears that the Plymouth Council was incorporated in England to be resident there, and that the Massachusetts Company was also intended to be resident in England, to hold their Courts there, and not to have liberty to export themselves beyond the seas, and the Governor and Company were empowered to delegate their authority to their officers resident in New England. It appears also from the docket that the Governor and Company were created a Corporation to have residence in England like other corporations of England. 11 pp. [Col. Papers, Vol. XLI., No. 33.]
357. Narrative of the State of New England. The English plantation in America called New England cannot subsist without a General Governor, for their petty governments, independent in all respects, occasion differences that cannot be decided, as there is no Court of Appeal, every colony having absolute authority with different laws and judicature. These separate governments (six in number from New Jersey-south to Duke's Province north) are not able to defend themselves, much less make an attempt on an enemy, whereas, united under one chief and with the militia under loyal and good officers, the whole plantation would be in a ready posture to defend itself (now an easy prey to every invader) and prove very serviceable in case of a difference with France, especially in sea affairs. The place abounds everywhere with good ports, all kinds of victual, many able shipwrights, thousands of stout braw fellows for sea and land service, with timber, pitch, tar, and cordage, so that the King's ships might be refitted there with expense of little time. Some object to the difficulty and hazard that the inhabitants are all or almost of phannatick (sic) principles, that their patents will be destroyed, that it will be an expenseful undertaking, a continual charge, and no advantage. It is answered that the inhabitants have been misrepresented by a factious party, being generally desirous to be under the King's government. Was in four of their colonies and made it his business thoroughly to understand their inclinations, and found that from the minister to the common people they all longed to have the King's authority established. But before his coming away the Boston Government (aiming by all methods at the general government of all New England, and thinking to alien the people's affections by misrepresenting the King) gave out that the King intended to send over some beggarly courtier to be their Governor, who would raise 20,000l. a year to maintain himself and his followers and set up episcopacy. Hence the petitions to be continued under the Boston government, signed by those who had declared their dislike to him in private conference. But a declaration of sending over a General Governor with the royal pardon, confirmation of lands to the legal proprietors, and liberty of conscience in matters of religion, will expel all jealousy and fear and make a happy reception to whomsoever the King shall recommend that trust. Their charters will remain undisturbed, every corporation will enjoy their privileges by virtue of the first charter granted to several of the nobility to dispose of the lands in America; they had a power to establish one General Governor, which power, on the surrender of the charter, was reinvested in the late King, who appointed Sir Ferdinando Gorges, but he was prevented by the wars from going over. Money will be wanted for setting out a Governor, but the existing customs and duties with some small appendants will honourably contribute to his support. Great advantages will arise to the Crown, the composure of the minds of the neighbours who have attempted to set up for themselves, the presence of a discreet gentleman will confirm the country in true obedience, the King's authority and commands will be observed. The whole country will have a pledge of the King's fatherly care that cannot be expected from the Boston Government, that is hated for aspiring to the dominion of the whole plantation on which depends the security of the English West Indies. 3 pp. [Col. Papers, Vol. XLI., No. 34]
358. Objections against the Massachusetts Charter. James I. by letters patent, 3rd November, 18th year of his reign, created the Council of Plymouth, and granted to them, their successors and assigns for ever, all the land in America now called New England, to be held as of the manor of East Greenwich, and granted full and absolute power of government, and that no one should inhabit within the said territory without the license of the Council. Objections to the Massachusetts Charter of 4 Charles I. (1.) The grant of lands pretended by the Massachusetts from the Council of Plymouth, 19th March, 3 Charles I., to Sir Henry Rosewell and five other persons never took place. (2.) These lands were long before granted by the Plymouth Council to Lord Gorges, Mason, and others. (3.) The patent of 4 Charles I. was only a confirmation of the pretended grant, and was not inntended to operate as a new grant. (4.) The King by his patent of 4 Charles I. grants no lands to the Corporation of Massachusetts Bay, but only confirms lands pretended to be granted to certain persons in their private capacities. (5.) King Charles could not grant any lands or government in New England during the continuance of the Plymouth Council. (6.) All the powers granted to the Massachusetts, 4 Charles I., were vested in the Council of Plymouth, and so continued long after 4 Charles I. (7.) At. the time of the patent of 4 Charles I. the jurisdiction and government remained with the Council of Plymouth. (8.) The Council of Plymouth did not divest themselves of these powers till 11 Charles I., when they surrendered their Charter to the King. (9.) The Massachusetts patent of 4 Charles I. cannot begin to be valid after this surrender in 11 Charles I. Proceedings of Charles I. against the Massachusetts: On many complaints of the horrid violence committed by the Massachusetts the King commanded the Council of Plymouth to give him an account of what people they were, and finding that a grant had been surreptitiously obtained under the great seal, a Quo Warranto was brought (11 Charles I.) against all the members named in the patent of 4 Charles I. The Governor, Deputy-Governor, and major part disclaimed the Charter, the rest were outlawed, and judgment was given that the liberties of the Massachusetts Corporation should be seized into the King's hands, and the Governor Matthew Cradock be taken into custody, whereby the King determined his grant of 4 Charles I.; not above five persons named in the patent even inhabited in New England. An Order in Council was directed to the Attorney-General to bring in the Charter to the Council Board, and it is supposed it was brought in and cancelled. The wars immediately ensuing in Scotland and England there was no more done, only Sir Ferdinando Gorges was constituted General Governor over New England, but the rebellion stopped his going over, he serving the King in his wars in England. Crimes committed and powers usurped by the Massachusetts: (1.) Erection of a public mint and coining of money with their impress. (2.) Putting to death for matters in religion and otherwise. (3.) Making laws repugnant to the laws of England. They had invaded the neighbouring colonies and forced them to submit. (5.) Levied taxes, &c., by their own authority. (6.) Denied the inhabitants the exercise of the religion established in England. (7.) Denied appeals to England. (8.) Violated the Acts of Trade and Navigation and all other His Majesty's laws. (9.) Declared themselves a commonwealth and acted accordingly. (10.) Protected Goffe and Whalley, the late King's murderers, although demanded to be delivered up. (11.) Opposed by force the King's Commissioners in 1665, and without the limits of their patent. (12.) Turned out by force the King's Justices of the Peace in 1668. (13.) Have not taken nor do administer the oaths of allegiance and supremacy as commanded in their patent. (14.) Have enforced an oath of fidelity to be taken to their government by both inhabitants and strangers. (15.) Have granted commissions in their own name. (16.) Deny baptism to children of those not in church fellowship. (17.) Have fined people for not coming to their meeting-houses, and whipped others for not paying the fines. (18.) Have forbid, under a penalty, the observation of Christmas Day, and other festivals of the Church. (19.) Impose a duty on all shipping not built within their jurisdiction. (20.) Have altered the number of their assistants from 18 to 10. (21.) Have changed the days of their General Courts, and contracted the number from four to two yearly. (22.) Have erected and annexed the Court of Deputies to make laws. (23.) Pretend to an absolute authority. (24.) Alone pay no acknowledgment and own no service to the Crown. 3 p. [Col. Papers, Vol. XLI., No. 35.]
359. Brief of the prosecution against the Massachusetts Charter. Sir John Banks, knight, Attorney-General, in Trinity Term, 11 Charles I., prosecuted in the King's Bench, Westminster, Sir Henry Rosewell, Sir John Young, knights, and others mentioned in the charter of 4 Charles I., Freemen of the Company of Massachusetts Bay, for having claimed and used the liberties, &c., therein granted without warrant as to be a body politic by the name of Governor and Company of Massachusetts Bay. That amongst other things, they had used to have one Council in England and another in Massachusetts Bay, to call assemblies of their Company, to make laws concerning the property of the freemen and others being in their plantation, to imprison and fine those who refused obedience, and to levy fines for their own use; to export out of England any manner of persons and to rule and govern in their passage and upon their plantation. That they claimed authority to export all manner of goods prohibited by the laws of England, to export all manner of arms and stores without paying any customs to the King, to exact from all trading to their plantation not of their Company sums of money, to imprison those who refused, to have the sole allowance of goods to be brought out of their plantation, to prohibit all persons not free of their Company to transport goods out of England to them, to impose fines on and imprison persons trading to them with merchandise, to use military force when they pleased, to examine without oath any persons they pleased in any matter and to proceed to trial, sentence and execution concerning life and member, lands, &c., against the statutes of England and in contempt of the King's prerogative. Thereupon final judgment was obtained against the Company in default of answer, that their liberties should be seized to the King, and that Matthew Cradock should forbear any further meddling therein and that his body should be taken and imprisoned. 3 pp. [Col. Papers, Vol. XLI., No. 36.]
July 20. 360. Order of the King in Council. His Majesty having by Letters Patent of 8th July 1675 appointed Thomas Lord Culpeper, Governor of Virginia, to take effect after the death or surrender of Sir W. Berkeley then Governor there, and Lord Culpeper attending was commanded to take the oaths which he did accordingly. [Col. Entry Bk., Vol. LXXX., p. 150.]
July 20. 361. Petition of Merchants and Traders to your Majesty's most flourishing island of Jamaica and the Western Plantations to the King and Privy Council. That the Governor of Havanna has fitted forth several vessels which have seized English ships and robbed them and interrupted the whole navigation and fishery declaring all ships good prize that had anything on board of the "growth of the Indies although sugars growing in Jamaica." That there are hundreds of His Majesty's subjects, besides those sent to the galleys and mines, slaves at the Havanna in a much worse condition than the slaves in Turkey. Pray His Majesty to give such orders that petitioners may be encouraged to continue their. traffic and have security from the hostilities of the Spaniards "Read in Council 20 July 1677." [Col. Papers Vol. XLI., No. 37.]
[July 20.] 362. Petition of Martin Stamp to the King and Council. Sets forth the robbing, torturing, and murdering of petitioner's brother, Timothy Stamp, by the Spaniards, and prays for letters of reprisal to reimburse himself for losses and damages amounting to 5,000l. There are previous petitions and papers of Martin Stamp abstracted in the previous volume of this Calendar, Nos. 642, 687. [Col. Papers, Vol. XLI., No. 38.]
July 20/30;.
363. Governor Sir Jonathan Atkins to Lords of Trade and Plantations. All things well and peaceable with seasonable expectation of a good crop and great plenty of all ground provisions. Can give little account of the French since their last engagement with the Dutch at Tobago, who are there in great misery by sickness and want of provisions, and would have been starved if not relieved from hence and if not speedily relieved from Holland that will be their fate yet. Their plantation at Surinam not in much better condition; supplied the Governor's garrison last week with provisions, which is surely a poor one. Much joy and thankfulness of the people to His Majesty on the arrival of the Constant Warwick. "Rec. 21 Sept." [Col. Papers, Vol. XLI., No. 39, and Col. Entry Bk., Vol. VI., pp. 184–185.]
July 23.
364. Governor Lord Vaughan to Secretary Sir Joseph Williamson. Refers to his previous letter of 14th May (see ante, No. 243) about his seizure of negroes piratically taken, that they have been condemned in the Admiralty and sold in pursuance of the sentence. Has since understood that Governor Douncker of Cura¸ao and two merchants there are the owners, so has written to the Governor if he will send sufficient procuration hither the agents shall immediately receive their effects. Has given this account "that you might satisfy the Dutch Ministers in the justice of this government and what extraordinary care I have taken to do full right to His Majesty's allies."1 p. [Col. Papers, Vol. XLI., No. 40.]
July 23. 365. Journal of the Assembly of Jamaica. Voted that members absent who could not make satisfactory excuse to the House be fined twenty shillings.
July 24. "Captain James Browne and the depositions thereupon read," and because the business is of that consequence that it ought maturely to be considered, Committee sent to acquaint the Governor that Captain Browne had petitioned the House to have the benefit of the Act of Privateers and that they were informed he was to be executed to-morrow, wherefore the House desired he might be reprieved until Tuesday that they might have time to confer whether his business comes within the Act. The Gentlemen on their return reported the Governor could not be spoken to. Mr. Scroop called upon to give his account of Benjamin Whitecombe's estate; proceedings on Scroop's report; Act to be drawn for the sale of said estate for payment of deceased debts. Debate on Captain Browne's business and Committee again sent to the Governor about reprieving him. The Governor's written answer, that he has pardoned eight of those criminals who by verdict of jury were sentenced to death, but cannot in justice think Captain Browne a fit object of mercy and believes that hindering the sentence of execution will be of evil example and bad consequence. Voted that a further written address be sent to the Governor in which the Assembly urge that if this execution take place all our privateers which are out may think this Act a snare and possibly make those already in go out again as they do not enjoy the security they expected and so become most dangerous enemies and they desire a few days reprieve for Browne. Reply of the Governor that he had already given his mind in writing and did not share their fear of discouraging other privateers for the reasons stated.
July 25. Report on the late rebellion of Negroes to be brought in. Voted that there be further examination of Captain Browne's trial.
July 26. Petition of Captain Browne read, that when he claimed the benefit of the Act no notice was taken by the Court, but he was condemned and his writ of execution signed. Voted that the warrant for the execution of Captain Browne be suspended. Warrant from the House to the Provost-Marshal commanding him in His Majesty's name to forbear the execution of Captain Browne notwithstanding any warrant issued as he shall answer the same at his peril. The Speaker and Assembly sent for to attend the Governor who signed several Acts and then dissolved the House. [Col. Entry Bk., Vol. XXXVII., pp. 180–182.]
[July 24.] 366. Reasons to prove the Massachusetts Patent of 4 Charles I. void in point of law, both as to land and government. As to land: (1) the grant of lands pretended from the Council of Plymouth, 19th March, 3 Charles I., is merely fictitious; (2) the Massachusetts cannot produce the grant or any record thereof; (3) the lands pretended to be granted were long before sold to John Mason and others; (4) the patent of 4 Charles I. intended only a confirmation and, there being no grant from the Council of Plymouth, the King was deceived; (5) the King grants no lands to the Massachusetts Corporation but only confirms the lands (pretended to be granted) unto certain persons, so that as a corporation they cannot pretend to any land; (6) the King could not grant any lands in any part of New England within the patent of the Plymouth Council during their lawful continuance. As to government: (1) the patent of incorporation was grounded on a supposed grant of lands, there being no such grant it is void; (2) all the powers granted to Massachusetts 4 Charles I. were absolutely vested in the Plymouth Council 18 James I., nor can both grants stand together, and therefore the first shall take place; (3) at the time of the patent 4 Charles I. all New England was under the government of the Plymouth Council, which did not divest itself of the power of government till 11 Charles I when a solemn surrender of the charter was made into the hands of the King; (4) the Massachusetts patent cannot begin to be valid after the surrender of the charter of the Plymouth Council, for Quod ab initio non valet, tractu temporis non convalescit; (5) Charles I. in the 11th year of his reign caused a Quo Warranto to be brought against the members named in the patent, whereof the major part appeared at the King's Bench Bar and disclaimed the charter, the rest were outlawed and judgment given that the liberties of the Corporation be seized into the King's hands, and the body of Mathew Cradock (the nominal Governor) be taken into custody for usurping these liberties, whereby the King determined and made void his own grant. "Recd 24th July 1677 from Mr. Mason." Two copies. 2 pp. [Col. Papers, Vol. XLI., Nos. 41–42.]
July 24. 367. "A list of [Thirty] Acts passed at the General Assembly in Maryland, March 1638. Received from the Lord Baltimore the 24th day of July 1677." N.B.—The earliest Acts abstracted in the first Volume of this Calendar, page 316, are dated in 1640. Also the titles of eight other Acts and of ten Acts passed 3rd May 1682. 4 pp. [Col. Papers, Vol. XLI., No. 43.]
July 25. 368. Minutes of the Council of Jamaica. Ordered that a Proclamation be issued for full and ample satisfaction to all who have been or are out in any Foreign Prince or State's service, particularly as many of the Captain's names as can be thought of to be drawn by five of the Council. Ordered that the respective captains and masters of vessels that shall arrive in this island claiming the benefit of the Act for serving under any Foreign Prince, give within three days of his arrival the names of such persons as they bring in their vessels, and that the Secretary make entry in a book to be kept at his office. Proceedings on various Bills.
July 26. Speech of the Governor to the Speaker and Assembly dissolving the Assembly.
July 27. Relation by the Governor of his proceedings in reference to Captain Browne who took upon the coast of Carthagena a Dutch vessel with near 200 negroes aboard. The Treasurer's account from September 1676 to April 1677. The Governor communicated to the Assembly that he would order writs to issue out immediately for the next Assembly that they might meet on 6th September. Petition of John Purseley to the Governor and Council, that he was shot in the shoulder in the King's service against the enemy and is disabled from working, prays for relief for his maintenance, referred to Dr. Richard Herne to examine petitioner's wound, and in the meantime to be allowed 5l. sterling more. Order about levying executions and selling goods and chattels on writs. [Col. Entry Bk., Vol. XXXV., pp. 603–613.]
[July 26.] 369. The Royal African Company to Lords of Trade and Plantations. Have received copy of Sir Jonathan Atkins letter (see ante, No. 241), and offer as their opinion that permitting Spahish ships to come to His Majesty's plantations to buy negroes will be of great advantage to all His Majesty's subjects, especially those inhabiting in and trading to His Majesty's Plantations as also to the Royal African Company, in order thereto that they may have free liberty to buy negroes of the Company, and of whom they please and receive all due encouragement from the respective Governors. "Rec. 26 July. Read 8 Nov." [Col. Papers, Vol. XLI., No. 44, and Col. Entry Bk., Vol. I., pp. 76–77.]
July 26. 370. [Sir Robert Southwell] to Sir John Werden, Secretary to the Duke of York. The Lords of Trade and Plantations having been acquainted by Colonel Stapleton, Governor of the Leeward Isles, of the great inconvenience to His Majesty's service in those parts for want of a Commission to him from His Royal Highness to be his Vice-Admiral throughout his government, request that a Commission may be granted to Governor Stapleton. Encloses,
370. i. Reasons for a Commission of Admiralty. [Col. Entry Bk., Vol. XLVI., pp. 227–230.]
July 27.
371. Journal of Lords of Trade and Plantations. Their Lordships debate the business of New England, and the necessity of bringing those people under a more palpable declaration of their obedience to His Majesty, and that they may be of use to him in times of necessity, which hath hitherto remained too long undecided. Therefore, having agreed on several heads, the agents are called in and told: — (1) That their mathematical line, whereby they pretended to extend the limits of their patent, was an imaginary thing and no longer to be thought upon by them, but to confine themselves to the limits lately reported by the Judges; (2) As to the propriety of the soil in Maine, if they will not agree to the pretensions of the claimers, it shall not be left to their will, but His Majesty will constitute some third authority to determine therein according to justice; they were advised to retract their rash declaration of abandoning Maine, if their authority to govern it were set by, as it was part of His Majesty's dominions, and ought not by any of his subjects to be abandoned to his enemies; (3) That they had transgressed in presuming to coin money, which is an act of sovereignty; that though His Majesty may upon application grant them a charter containing such a power, yet they must solicit his pardon for the offence that is past; (4) The Act of Navigation must for the future be religiously observed; (5) That there were great defects in some of their laws, and they must expect change, and to this effect it was recommended to His Majesty's Counsel to point out such as should need amendment; (6) That although they might think their attendance here long, it was necessary and perhaps useful to themselves, and although they might not be qualified with power sufficient to authorize them in all these matters, they were to know that His Majesty did not think of treating with his own subjects as with foreigners and to expect the formality of powers, but having resolved to do all things that were fit for them and consistent with his own service, they might from time to time intimate the same to their principals, and give their attendance on Thursday next. The agents excuse the mistake of that rash expression about abandoning the defence of Maine; their principals had done otherwise, and should still think themselves obliged to continue in case of danger; they excuse their want of sufficient powers, but are ready to obey in all things that in them lies. Their Lordships tell them that His Majesty will not destroy their charter, but rather by a supplemental one set all things right that are now amiss, and their charter of 4 Car. I. should be inspected, and, according as they administered the power therein given, so should they be measured and considered. The charter ordered to be sent to Mr. Attorney and Mr. Solicitor, to examine whether the authority of the Crown be sufficiently preserved, as it may be more advisable to measure their behaviour according to the rule of the charter than wholly to overthrow it by what Mr. Mason alleges sufficient for that effect. That it be observed how far their power extends of making laws and levying taxes, especially on imports and exports; their Lordships think that no laws of this kind should pass without receiving His Majesty's approbation, and no taxes be raised but in His Majesty's name and by His Majesty's appointment to the uses of the government, and that their method of swearing all to be true to that government be abolished.
Mr. Secretary Williamson acquainted their Lordships that Virginia was still in a very unsettled condition, so that their Lordships appointed the Lord Culpeper and Colonel Parks to attend on Thursday next, and that the papers relating hereunto be laid before their Lordships, to determine upon all the points of difficulty that therein occur. [Col. Entry Bk., Vol. CV., pp. 95–98.]
[July 27.] 372. Representation of the Commissary of the Dutch West India Company to the King. That Captain James Browne piratically took the ship Sun on the coast of Carthagena, and 200 negroes belonging to said Company, and landed them at Jamaica, which the Governor seized, and were by the Judge Admiral ordered to be sold and the proceeds secured to the rightful owners. Having proved the right of the Dutch West India Company, prays the proceeds may be assigned to Sir Thomas Modyford, acting by virtue of procuration for said Company. With Minute of Council held at St. Jago de la Vega, 1677, July 27. Endorsed, "Rec. Jan. 22 and read in Council Jan. 24, 1679. 3 pp. [Col. Papers, Vol. XLI., No. 45.]
373. Abstract of the laws in Massachusetts relating to assessments, customs, excise, and militia. Every inhabitant to be compelled to contribute to all charges in church and commonwealth by assessment and distress; lands to be rated where they lie, persons where they dwell. All persons, except magistrates and elders of churches, to be rated at 1s. 8d the head, and all estates, both real and personal, at 1d. every 20s., the estates of merchants, shopkeepers, factors, &c., to be assessed by rule of estimation at the will and doom of the assessors; if they can make it appear that they are over-valued, they may be eased by the assessors, otherwise by the next county court; houses and lands to be valued at an indifferent rate in places where they lie; cattle to be valued thus, every bull and cow of four years old and upward at 3l., every ox of like age at 5l., heifers and steers between three and four years old at 50s., and between two and three at 40s., every horse and mare of three years old and upwards at 5l., between two and three at St., 3l., and between one and two at 30s., ewes and heifers of one year at 10s., goats at 8s., swine at 20s., and asses at 40s.; all cattle under a year old are exempted, as also all corn and hay in the husbandman's hands, because the lands and cattle are rateable as aforesaid; important persons are exempted from paying the poll; the Commissioners to perfect the assessments in the first week of the seventh month at the respective shire towns, and to transmit copies to the Treasurer, to make warrants to the constanbles to collect and levy the same by the twentieth day of the ninth month yearly; strangers to be rated according to the cargoes they bring into the country, and in case of refusal to give a true account of their estates, the select men are empowered to assess them in proportion to a single rate by will and doom as inhabitants of the country are rated; the ministers of God's word regularly ordained over any church to be free of all rates and taxes. Customs: All persons importing wine or strong waters (except directly from England as their first port) to make just entry of all their goods before bringing them on shore on pain of forfeiture, half to the country and half to the officer, and to pay customs for wines according to these rates: for every butt of Fayal wines, or others of the Western Islands, 5s., for Madeira wines, 6s. 8d. a pipe, for sherry, sack, Malaga, Canary, muscatels, malmoies, and other wines from the Straits, bastards, tents, and Allicants 10s. a butt, French wine 2s. 6d. per hogshead, strong water 10s. per hogshead; besides these, all merchants of stranger ships to pay at the rate of 6d. a ton for every ship out of the merchandise that they sell, and the master of every such ship, 10s., but no English ship or ships of confederates to pay the 6d. a ton, but only 10s. for every ship above 200 tons, and 6s. 8d. for every ship of less burden; all goods imported except fish, wool, cottonwool, salt, and other things exempted, to pay for every 20s. value 1d. every 100l. worth of goods at the port whence they came to be valued at 120l.; for all cattle brought into their jurisdiction to be sold, killed, or transported, the rate before mentioned to be paid for every head on penalty of forfeiture. Excise: For every hogshead of cider, ale, and beer sold in public houses 2s. 8d., and for mum 5s. Several fines bringing in a large revenue, such as: for galloping in Boston streets 3s. 4d., for playing at shovel board, bowling or other game, the house to pay 208., and every person playing 5s.; persons playing for money to forfeit treble value of the money played for, half to the informer, half to the Treasury; every person dancing in ordinaries to pay 5s.; every person offending by observing Christmas to pay 5s.; every person bringing playing cards into the jurisdiction, or playing with them, to pay 5l., half to the informer, and half to the Treasury. The Militia: The military forces of Suffolk, Middlesex, and Essex to be under the command of the sergeant-major in each county, and the militia of Norfolk to be under the command of the Major of the Essex regiment; every sergeant-major once in three years to draw his regiment in a convenient place to instruct and exercise it in military discipline, and to have for this 20l. allowed him out of the Treasury of the country, and if he thinks fit, to require the chief officers of each company to meet and settle the particular company and may impose fines on delinquents for defects in arms, ammunition, &c., and to give orders to the clerks of the company to take distress within a month; the regiments being increased from three to six are to meet each in the counties of Suffolk, Norfolk, Middlesex, Yorkshire, Essex, and Hampshire; 64 soldiers besides officers to form a foot company, and to have two drums; commission officers to be chosen by the General Cóurt, or in case of emergency (except the Major-General and Admiral) by the Council of the Commonwealth; the officers of each company to attend to the complete arming of the company, of which two-thirds shall be musketeers and the rest pikes; the chief officers may punish the soldiers' disorders with any usual military punishment, or by fines not exceeding 20s., or may hand them over to the magistrate; the pikeman to be furnished with corslet, headpiece, sword, and snap-sack (or by a buff or quilted coat, instead of a corslet), the musketeers to have in readiness musket, priming wire, warm scourer, mould, sword rest, bandoliers, 1 Ib. of powder, 20 bullets, and two fathom match, under penalty of 10s. for every defect, and so must all inhabitants under like penalty (except magistrates, elders of churches, &c.); all persons above 16 to attend military exercise in training, watching, warding, &c., under penalty of 5s., except magistrates, deputies, officers of courts, elders, &c. 5 pp. [Col. Papers, Vol. XLI., No. 46.]
374. Petition of Alexander Culpeper, Administrator of the estate of Sir William Berkeley, late Governor of Virginia, to the King. There remains unpaid the salary of Sir William Berkeley for a considerable time before his death, which is now legally due to his widow, Lady Berkeley; prays that His Majesty will send orders to the Governor in Virginia to direct the payment of all such moneys due to Midsummer last out of the first public moneys raised for that purposes. 1 p. [Col Papers, Vol. XLI., No. 47.]