America and West Indies: February 1677

Pages 13-27

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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February 1677

Feb. 1.
31. Secretary Sir Joseph Williamson to Sir Andrew King. His Majesty having been pleased at the desire of His Royal Highness to allow of the Royal African Company's proceeding to treat with the Dutch West India Company upon a late overture they have made, sends declaration of His Majesty's pleasure in the form His Royal Highness approved. Encloses,
31. i. His Majesty's allowance to the Royal African Company to treat with the Dutch West India Company for the restraining interlopers and for the mutual good of both Companies in their trade, upon the overture made on the part of the Dutch Company by their letter of the 22nd January instant. Whitehall, 1677, 31 Jan. Together, 1¼ pp. [Dom. Entry Bk., Chas. II., Vol. XLIII., pp. 130, 131.]
Feb. 2.
On board H.M.S. "Bristol," in James River, Virginia.
32. Sir John Berry and Colonel Francis Moryson to Secretary Sir Joseph Williamson. Arrived within the Capes of Virginia after a tedious passage of ten weeks and a day, and delivered all papers to Governor Berkeley who came aboard. The rebel Bacon is dead, his accomplices dispersed, and about twenty of the ringleaders lately executed. The poor loyal party beginning to return to their ruined homes. James City totally burnt to the ground by Bacon, who with his own hand set fire to the church. The small number of soldiers already arrived quite destitute of quarters; no place fit to receive them, much less the number that are coming after, whereat the Governor, who believed a frigate or two would have been sufficient, and never desired soldiers, is much amused, and the whole people startled, and many ready to desert their plantations, which will force them to continue the soldiers, on board till Colonel Jeffery and the rest arrive. In praise of the Governor's conduct. Good foundations laid of a peace with the Indians. The Assembly summoned to meet on the 20th instant. Are about to summon the respective counties to bring in their grievances, but as yet can find no appearance of any, save only the great salary paid to the members of the Assembly. The Governor much concerned about the distribution of the forfeited estates. Can see no cause to apprehend a long stay. [Col. Papers, Vol. XXXIX., No. 22; also Col. Entry Bk., Vol. LXXXI., pp. 27–33.]
33. The oath that Nathaniel Bacon administered to the people of Virginia. To oppose the King's forces until Bacon acquaints His Majesty with the state of this country and has an answer. That the actions of the Governor and Council are illegal and destructive to the country, but his own according to law. That his Commission is lawful and legally obtained. To divulge anything spoken against Bacon, and to keep his secrets. 1 p. [Col. Papers, Vol. XXXIX., No. 23.]
Feb. 2. 34. Sir John Berry and Colonel Francis Moryson to Sir John Werden, Secretary to the Duke of York. Similar letter to preceding, with addition similar to extract of their letter to Mr. Watkins, and postcript: That the Governor intends to try Bland, one of the rebels in custody, by a jury, &c., after the manner of the laws in England, those that have already been executed having been tried and sentenced by a Council of War. [Col. Entry Bk., Vol. LXXXI., pp. 34, 35.]
Feb. 2.
James River.
35. Sir John Berry and Colonel Moryson to Mr. Watkins. To let the Secretaries of State know that, in regard Bacon is dead, the Governor conceived it altogether improper to publish the King's printed Proclamations, but spoke of another, wherein he intends to exempt about eight persons not yet taken, besides those already in custody, who are the chief of the rebels. Also that they had advised the Governor not to suspend publishing His Majesty's pardon. Extract. 1 p. [Col. Papers, Vol. XXXIX., No. 24.]
Feb. 2. 36. Sir John Berry to Sir John Werden. The Dartmouth arrived yesterday, having lost company of the fleet of merchant ships in bad weather. Has received His Majesty's Instructions by Captain Temple, but hopes to be removed hence before the sickly months of June, July, &c. Sir W. Berkely of opinion to keep the Deptford ketch till the arrival of His Majesty's forces and the meeting of the Assembly. Postscript.—The Governor has upon second thoughts issued forth this day the King's printed Pro clamation, and has excepted 18 persons whose names or crimes the Commissioners do not yet know. Mem.—"This P.S. was designed to the Duke's Secretary, Sir John Werden, but remanded." [Col. Entry Bk., No. LXXXI., pp. 36–38.]
Feb. 3.
On board H.M.S. "Bristol" (James River).
37. Interlocutory heads of such matters in conference with Sir William Berkeley, His Majesty's Governor of Virginia, as his Majesty's Commissioners for the affairs of Virginia conceive necessary for His Majesty's service. Comprised under ten separate heads relating to the providing convenient quarters and diet for His Majesty's soldiers, storehouses for ammunition and provisions, the proclamation about Bacon administering the oaths of allegiance, the calling a new assembly, the submission of the whole country of Virginia, peace with the Indians, his answer to certain heads of inquiry, and the great salary to the members of the Assembly. [Col. Entry Bk., Vol. LXXXI., pp. 21–26.]
Feb. 3. 38. Warrant from Sir William Berkeley to the Sheriff of—County. To call a county count and there to take a report of the inhabitants of the county, what abuses and aggreivances have been done to them at such time as he shall receive orders from His Majesty's Commissioners. [Col. Entry Bk., Vol. LXXXI., pp. 45, 46.]
Feb. 3.
Port Royal.
39. Minutes of the Council of Jamaica. Present, John Lord Vaughan, Governor, Sir Henry Morgan, Colonel Thomas Freeman, Colonel Thomas Ballard, Lieutenant-Colonel Robert Byndlosse, Colonel Charles Whitfield, Lieutenant-Colonel Samuel Long, Colonel Thomas Fuller John White, Esq. The Governor desired to represent to His Majesty and the Council of Trade that the island would take off 3,000 negroes per annum. Fees to be established in the Admiralty and elsewhere. The public account of the Treasury for six months to September 1676.
Feb. 14. Writs to be issued for the next assembly to meet on 9th April. Adjourned to 26th March. [Col. Entry Bk., Vol. XXXV., pp. 544–550.]
Feb. 5.
40. Relation of Captain Roger Marsh and Captain William Jaques, Commanders of His Majesty's hired sloops the Primrose and Cold Harbour given to Governor Lord Vaughan. Account of their convoying the turtling and fishing belonging to this island and of being attacked by a Spanish man-of-war of their flight and chasing the Spaniard until they lost sight of the ship. 2 pp. [Col. Papers, Vol. XXXIX., No. 25.]
Feb. 6. 41. Report [of the Lords of Trade and Plantations]. Having prepared rules for passes to all ships trading to and from England and settled the rules to Ireland, Jersey, Guernsey, and Tangier, advise that the rules be printed. Have forbore to frame any rules for New England, as they do not conform themselves to the laws, but take a liberty of trading where they think fit, so that until His Majesty comes to a better understanding touching what degrees of dependance that government will acknowledge to His Majesty, or that His Majesty's officers may be there received and settled, to administer what the laws require in respect of trade suitable to the practices in other plantations. Their Lordships have not thought fit to offer any rules for passes in that place, but conceive it fit for His Majesty's service that some speedy care be taken to come to a settlement and resolution in this matter which is of so great importance to trade. 2 pp. [Col. Papers, Vol. XXXIX., No. 26; also Col. Entry Bks., Vol. LX., p. 179, and Vol. CIV., p. 291.]
Feb. 6. 42. Journal of Lords of Trade and Plantations. Their Lordships hear Counsel in behalf of Robert Clowes referred by Order in Council of 31st January last (see ante No. 28 I). Petitioner's patent is read and they agree to report to His Majesty that copy of this complaint be sent to Lord Vaughan, with their opinion "that there appears no reason why petitioner's deputy should not be admitted or the man continue who is put in by his Lordship and not as deputy to the patent," but if his Lordship hath any objection to the party presented to signify the same.
Feb. 12. That part of Clowes' petition considered to recover arrears due to him for fees and profits, and after debate agreed to offer to His Majesty that during the time petitioner's deputy exercised his offices he receive all fees, but from the death of said deputy their Lordships think nothing can be reasonably claimed from the Governor's nominee who filled the vacancy until the presentation of another by the patentee. [Col. Entry Bk., Vol. CIV., pp. 293, 294, and 300, 301.]
Feb. 6.
H.M.S. "Bristol." James River.
43. A declaration from His Majesty's Commissioners for the affairs of Virginia to His Majesty's loving subjects of Virginia. Setting forth the causes of His Majesty sending Commissioners to Virginia and inviting and requiring every inhabitant of the Colony without exception freely and impartially to state his grievance, and more particularly what he conceives to have been the true grounds and original occasion of these late troubles and disorders, which they may do in duplicate, one for the member of assembly of the particular county and for His Majesty's Commissioners. Signed by Sir John Berry and Colonel Francis Moryson and addressed to the High Sheriff of James City County. [Col. Entry Bk., Vol. LXXXI., pp. 39–44.]
Feb. 6. 44. Warrant by His Majesty's Commissioners for Virginia to the Sheriffs of the several counties to dispatch away the (preceding) Declaration herewith sent, viz.: James City, Charles City, Henrico, Isle of Wight, Nancymond, Lower Norfolk, Kiquotan alias Elizabeth City County, Warwick, York, New Kent, Gloucester, Middlesex, Rappahanock, Lancaster, Stafford, Westmorland, Accomack, Northampton, and Northumberland. [Col. Entry Bk., Vol. LXXXI., p. 45.]
Feb. ? 45. Sir John Berry and Colonel Francis Moryson to Colonel John Custis. Have made choice of him to communicate with all possible expedition the above Declaration by the hands of the Sheriffs of Accomack and Northampton to the inhabitants of said counties as directed, and to say that their personal attendance, by reason of distance, will be dispensed with, and that, as to the great salary and too frequent meetings of the Assembly, the Commissioners have His Majesty's express directions for redress thereof. With postscript signed by Moryson to Honest Jack, assuring him of his real friendship and that His Majesty shall know of his just merits. [Col. Entry Bk., Vol. LXXXI., pp. 47–49.]
Feb. ? 46. Sir John Berry and Colonel Francis Moryson to Captain Armsted, at Peancatanck in Gloster county. In case the grievances of said county extend not to matters requiring personal proof, the charge and trouble of attending His Majesty's Commissioners may be spared. Also similar letter to Captain John Tiplady in York county, who is desired to let a copy of this letter go from Sheriff to Sheriff. [Col. Entry Bk., Vol. LXXXI., pp. 50, 51.]
Feb. 7.
47. Order of the King in Council. On the hearing of several things alleged by Mason and Gorges, Petitioners on the one hand and the Massachusetts agents on the other, coucerning their claims to territories in New England, His Majesty referred the whole matter to the Lords of Trade and Plantations to examine the bounds to which each of the parties pretend, and the patents insisted on by either side, to find out how far the rights of soil and government belong to any of them; the Lords Chief Justices of the King's Bench and Common Pleas to give assistance. [Col. Papers, Vol. XXXIX., No. 27, and Col. Entry Bk., No. 60, p. 198.]
Feb. 8/18.
48. Governor Sir Jonathan Atkins to Lords of Trade and Plantations. The French King has lately sent a very considerable fleet under Mons. d'Estrees to these parts, who has taken all the French soldiers of the islands on board his ships and a great number of volunteers, seventeen sail. They alarmed us, and "coasted us all night," but has reason to believe they are bound for Tobago, where the Dutch fleet is, which has endured both want and sickness. Has no reason to fear them. Wishes the Leeward Isles were as secure. Mons. de Baas, the old French General, is dead, and Mons. d'Estrees commands in America. 'Tis thought they have some design upon Hispaniola or the Spanish fleet. 1 p. [Col. Papers, Vol. XXXIX., No. 28; also Col. Entry Bk., Vol. VI., pp. 149, 150.]
Feb. 8.
On board the "Bristol," Newport, Newes.
49. Sir John Berry and Colonel Francis Moryson to Governor Sir William Berkeley. More soldiers come in and more hourly expected. To hasten preparations for their landing, and for their station and storehouses for the King's ammunition, provisions, &c. Necassity of publishing the King's proclamation of grace and pardon, that the people, who look very amazed at the Commissioners and the forces coming over, may have a right information of the true end and occasion of it. And as no material grievance has been yet so much as whispered against him, they advise him, like faithful and well-meaning friends to him and good subjects to His Majesty, not to give just occasion to merchants and traders to complain that he obstructs trade by marking hogsheads with the broad arrow as forfeited to the King, especially when the King has granted full restitution of estate, &c., by express words in the proclamation and pardon. As for disposing of delinquents' estates in restitution to the loyal sufferers, they conceive that most fit to be referred to His Majesty. Pray his answer in writing, as also all future conference between them, because of his defect of hearing, which not only denies privacy, but looks angerly by loud and fierce speaking. [Col. Entry Bk., Vol. LXXXI., pp. 55–60.]
Feb. 8 ? 50. Colonel Francis Moryson to Governor Berkeley. Has just come to Colonel Swann's, and begs his excuse for not waiting on him. Is indisposed and about taking physic. [Col. Entry Bk., Vol. LXXXI., p. 61.]
[Feb. 8.] 51. Account by John Rich, Commander of the Blackmore of Dartmouth, Admiral of the Harbour of St. John's, Newfoundland, of the number and names of ships, boats, and persons fishing in said harbour of Newfoundland. Signed, John Rich. Endorsed, "Rec. from Sir T. Lynch, 8 Feb. 1677." 1 p. [Col. Papers, Vol. XXXIX., No. 29.]
Feb. 9. 52. Governor Berkeley to Colonel Francis Moryson and Sir John Berry. Is yet very ill. Has not marked one hogshead of tobacco, nor does he intend to do so until he has the King's permission, which he has written to Secretary Coventry to obtain for him. As to providing magazines for the soldiers' victuals and ammunition, hopes they do not think he can do impossibilities. The rebels left him but one ox and he has borrowed six to bring wood and victuals for 200 men now in his house. Has not left one grain of corn or a cow to feed himself, or, God knows, five pounds in the world. Glad that all their transactions be in writing, which he will send to the Secretaries of State, beginning with these two letters of the Commissioners and his own. The proclamation shall be sent out to-morrow, with the exceptions which he has authority from the King to make, and thinks them necessary for His Majesty's honour and the future peace of the country, "least too much lenity should incline the rabble to a new rebellion." If they send him word it is lawful to press oxen or horses for His Majesty's service he will immediately do it. [Col. Entry Bk., Vol. LXXXI., pp. 62–64.]
Feb. 9.
53. News letter. Lord Vaughan intends to send to St. Jago to expostulate with that Governor on the wrongs and injuries our fishermen have received by a Spanish vessel fitted at the Havanna. The Marquis de Maintenon likely to do nothing, although he has all the French on Hispaniola and all their vessels ready for a design. The Governor of Tortugas lately made prize of two of our vessels and forbids trade. He expects Count d'Estrees will be there speedily with his fleet. Cannot hear of any Dutch men-of-war at Curaçao, one of 40 guns cruising off Hispaniola. Two French vessels lately well beaten by a Spanish hulk in the Gulf of Mexico with the loss of 80 men, Captain Bennet killed in the engagement. Apprehends the loss of San Domingo, for unless the Dutch assist it will be impossible for the Spaniards to save it. 2½ pp. [Col. Papers, Vol. XXXIX., No. 30.]
Feb. 10.
Green Spring (Virginia).
54. Proclamation by Governor Sir William Berkeley of full free and absolute pardon and indemnity of life and estate to all persons within the colony of Virginia, since the beginning of the late horrid rebellion, wherein Nathaniel Bacon, junior, was the chief, except to those particularly named herein, provided such persons do, within 20 days of the date hereof, take the oath of obedience made in the third year of King James' reign. [Col. Papers, Vol. XXXIX., No. 31; also Col. Entry Bk., Vol. LXXXI., pp. 276–286.]
Feb. 10. 55. Sir John Berry and Colonel Moryson to Mr. Watkins. Have sent forth a declaration in His Majesty's name to the people of Virginia (see ante No. 43), who have received it with abundant satisfaction and hearty expressions of gratitude. But though Bacon be dead, they could heartily have wished the King's proclamation in print, and the other instruments of His Majesty's pardon had been published, instead of the Governor's written one, contrary to their advice. Of above 15,000 there are not above 500 untainted persons in this rebellion, and but few eminent sufferers that they can hear of. Complain of the Governor for seizing the estates of pretended delinquents without any legal power. As no one can be a delinquent before conviction so no one can be now convicted that was not taken before His Majesty's acts of grace. It was against their advice that any should be excepted out of the pardon, but those excepted by the King himself. Sir William Berkeley's contrariety to them, the patent and the proclamation seeming to clash in one clause as to his power he has excepted about eight persons without naming them, which they consider fatal as putting the whole people of the country in dread of their lives. The Governor should no longer act as in furore Belli, but let the laws return into their own proper channel. The people who are sullen and obstinate must be treated as befits their condition; the evil effects that will follow if they are not so treated. The Governor, on second thoughts, has this day issued the printed proclamations, but has excepted 18 persons, whose names or crimes the writers know not. Desire all their letters, &c., may be read before the King and Council. 3 pp. [Col. Papers, Vol. XXXIX., No. 32.]
[Feb. 10.] 56. "An insolent letter from the Massachusetts [Government] to His Majesty's Commissioners upon settlement of the Province of Maine, with warrant to the Constable of Portsmouth to disturb the same." Also the "Commissioners' answer to the Massachusetts letter" of 12th July 1665. Signed by Robert Carr, George Cartwright, and Samuel Mavericke. Piscataway river, 1665, July 16th, All these papers are calendared under their proper dated in a previous volume of this Calendar. Endorsed: "Rec. from Mr. Mason, 10 Feb. 1676–7." 6 pp. [Col. Papers, Vol. XXXIX., No. 33.]
Feb. 11.
Swanns Point.
57. Colonel Moryson to Governor Berkeley. Cannot conceive anything in their joint letter can give him the least distaste if rightly considered, since it is no more than a friendly advice, at his own choice to reject or embrace as his reason shall direct him. Beseeches him to lay aside all jealousies; is very confident they have given him no cause for them, therefore cannot but wonder at his asking whether he may press horses or oxen for His Majesty's service as though he had power to act nothing because they are here. They came to vindicate not to lessen his authority. Assurances of their right meaning towards him, and the writer's own particular friendship to his person. [Col. Entry Bk., Vol. LXXXI., pp. 65–67.]
Feb. 11.
From my bed expecting my fever.
58. Governor Berkeley to Colonel Francis Moryson, His Majesty's Commissioner for Virginia. Confesses he was troubled to be admonished for that which was ever practised in all nations. He knows that Colonel Jarrett (now Lord Jarrett) went to Lord Northumberland's house and took away all his horses for the King's service, yet that Lord, though manifestly against the King, never bore arms nor was ever convicted. When Berkeley waited on the King in the pursuit of Essex, the King gave orders to seize the houses, goods, and cattle of many that had declared against him, and Berkeley was by when Sir Richard Grenville took the house of Lord Roberts and at least 2,000l. sterling out of it, yet that Lord was so far from being convicted that at the King's coming into England he was made Lord Privy Seal. Has seized no toll or goods but in the height of the war, but hears that those who are criminally obnoxious daily and hourly convey away their goods and cattle. Shall ever seek and be most proud of his friendship. His wife, who lay by him last night, sends her service, "God help us, nothing but vocal kindness passed between us." Mem.—Colonel Jeffreys came up with Sir John Berry to Swann's Point this day. [Col. Entry Bk., Vol. LXXXI., pp. 68–70.]
Feb. 12. 59. Governor Sir William Berkeley to Herbert Jeffreys, LieutenantGovernor of Virginia. His Majesty, having given the Governor leave to throw himself at his feet to give an account of the condition of the Colony, shall do so with all the haste the miserable condition of his affairs will permit, and will gladly obey the King's commands by leaving the Government during his absence in the LieutenantGovernor's hands. 1 p. [Col. Papers, Vol. XXXIX., No. 34.]
Feb. 12. 60. Mem.—That the Commissioners went over to Green Spring to Sir William Berkeley's house where they found the Council with him and Colonel Jeffrey's commission &c. being read, it was put by Sir William Berkeley to his Council whether he was immediately to resign the Government to Colonel Jeffreys, or no ? whose result (sic) was in the negative, and that he had this latitude by the word conveniency to take his own convenient time of departure hence. The Council maturely to consider whether the word conveniency shall be meant in respect to His Majesty's service or Sir William Berkeley's own private convenience. [Col. Entry Bk., Vol. LXXXI., p. 83.]
Feb. 12. 61. The Council of Virginia to Herbert Jeffreys, LieutenantGovernor of Virginia. Have diligently read over "a commission requiring Sir William Berkeley's return from Virginia, and appointing Herbert Jeffreys Lieutenant-Governor in his absence," and they conceive that upon Governor Berkeley's absence from Virginia, Jeffreys, as Lieutenant-Governor, is to execute all powers belonging to the office of Governor; and they shall be most ready upon said Governor's departure from Virginia to obey, assist, and advise him according to His Majesty's command. Signed by Nathaniel Bacon, Thomas Ballard, Joseph Bridger, and James Bray. With Mem.—That this was all the answer they would give in this affair, although pressed to expound the word conveniency, upon which Berkeley clung taking the latitude of that word to serve his own turn and private interest and advantage. [Col. Entry Bk. Vol. LXXXI., pp. 84, 85.]
Feb. 13. 62. His Majesty's Commissioners for Virginia to Governor Berkeley. Complain of the seizure of peoples' goods by his own servants which they will not believe to be by his knowledge or connivance; and desire he will stop and redress such un warrantable practices. If the same be by his own privity and directions that he reflect with how ill a face a grievance of this nature will look at home. This must be so necessary a caution and advice to him as must needs deserve his serious consideration and reforming for the future, and he must not take amiss their concernment in the peoples' grievances which make them hereby acquaint him with their contariety to such proceedings wherein they conceive he has neither law, right, nor His Majesty's royal will to support him. The bearer, Captain Tongue, can clear the particulars of their information. [Col. Entry Bk., Vol. LXXXI., pp. 78–80.]
Feb. 13. 63. Governor Berkeley to His Majesty's Commissioners for Virginia. Thanks for their admonition in so weighty an affair, but truly it is beyond his knowledge. Those that have done it when complained of shall be punished. Almost all his neighbours had considerable shares of his goods and they have been willing to spare some corn and hogs in lieu of what they stole. Added to which he keeps at least thirty prisoners in his house and maintains a guard of fifty to secure them, and this he has done this month on the charity and benevolence of some charitable people. When the Assembly removes these prisoners and their guard he doubts not but he shall have credit enough to feed his own poor family. They will highly oblige him by sending this answer to the Secretaries of State. [Col. Entry Bk., Vol. LXXXI., pp. 81, 82.]
Feb. 13. 64. The Council of State of Virginia to His Majesty's Commissioners for Virginia. Return their opinions upon, with His Majesty's commission to Colonel Jeffreys, and would have waited upon them had not the weather unfortunately prevented that visit. Their readiness to serve His Majesty's Commissioners in their joint or several qualifications in which the bearer Colonel Bridger concurs. Signed by Nathaniel Bacon, Thomas Ballard, and James Bray. [Col. Entry Bk., Vol. LXXXI., pp. 86, 87.]
Feb. 14. 65. Herbert Jeffreys to Governor Berkeley. Since he and the Council have passed their "conjunct opinion" that Jeffreys' commission does not take place until after Berkeley's departure from Virginia, desires speedily to know his express determination what provision is to be made ready for the necessary reception of His Majesty's forces under Jeffreys' command as to carts and storehouses for the ammunition, &c., belonging to the train of artillery. [Col. Entry Bk., Vol. LXXXI., pp. 88, 89.]
Feb. 14. 66. The Commissioners for Virginia to Secretary Coventry. Refer to their last letters of the 3rd instant. The rest of the fleet lately arrived, their interview with Governor Berkeley and the Council at Green Spring. Their commission read; Sir W. Berkeley left at large to interpret his own conveniency (the express word of the Commission). His Majesty's Commission of Oyer and Terminer to Berkeley (as then Governor) bearing date 16th November, and subsequent to the Secretary of State's letter, has caused the Council to decide that by virtue thereof he was continued in, not recalled from the Government, which neither the letters of State nor His Majesty's particular instructions, which are quite thwarted by it, can yet possibly evince the contrary to them. Send copies of the letters that have passed between the Governor and themselves, and complain of the great difficulties by which they have been surrounded in disposing of the soldiers, and that very much still remains undone therein, by reason of the whole country being so ruined and desolate a place, and not a house left in all James Town to shelter them. The climate proves so severely sharp and the ground is so covered with snow and ice that it is almost impossible for men to subsist on shore. [Col. Entry Bk., Vol. LXXXI., pp. 90–94.]
Feb. 20. 67. Twenty Acts passed at a Grand Assembly, begun at Green Spring, the 20th day of February in the 20th (sic. should be 29th) year of His Majesty's reign, viz.:—
Of Indemnity and free pardon. Of Attainder. Inflicting pains, penalties, and fines upon great offenders. Declaring all Acts and Proceedings of Assembly held in June 1676 null and repealed. For the relief of loyal persons who have suffered by the Rebellion. Ascertaining the price of cockets. Limiting Masters' dealing with their Servants. Limiting times of receipt and payment of public tobaccos. Repealing Acts allowing free tythables to divers persons. Regulating Ordinaries and the Prices of Liquors. Disposing Amerciaments upon cast Actions. Concerning servants who were out in Rebellion. For the laying of Parish levys. Repealing the Act of encouragement for killing Wolves. Giving seven years to seat Frontier Lands. Giving liberty of appeal to the Eastern shore people. Regulating Burgesses' Expenses. For setting apart a day of Humiliation and Thanksgiving. Of Naturalization for Garret Johnson. For opening Courts of Judicature. 39 pp. [Col. Papers, Vol. XXXIX., No. 35; see also Col. Entry Bks., Vol. LXXXVIII., pp. 91–96, and Vols. LXXXIX., XC., and XCI.]
Feb. 20. 68. Abstracts of the preceding twenty Acts passed at Green Spring in Virginia, 20th February 1677. 7 pp. Two copies. [Col. Papers, Vol. XXXIX., Nos. 36, 37; also Col. Entry Bk., Vol. LXXX., pp. 156–164.]
Feb. 20. 69. Minutes and Orders made by the Grand Assembly, begun at Green Spring 20th February in the 29th year of the reign of King Charles II. Certified copy by Robert Beverley, Clerk of Assembly. 16 pp. [Col. Papers, Vol. XXXIX., No. 38.]
Feb. 20. 70. Reports made to the House of Burgesses from several Committees read in the House and allowed and confirmed by the House. Certified Copy by Robert Beverley. 11 pp. [Col. Papers, Vol. XXXIX., No. 39.]
Feb. 20. 71. Detailed account of the orders of public charge and levy in lbs. of tobacco made at a Grand Assembly begun at Green Spring the 20th February 1676(7), being a list of the names of all those who paid. Also a list of the names of those who were ordered to be paid out of the public monies in England. These lists comprise about 250 names, the last being Lieutenant-Colonel John Washington and Major Isaac Allerton. Also account of the charges of the forts of Mattapony, James River, Appamatix, Rappahannock, Mahixon, Susquehannah, Surrey, and Potomac. Total levy, 1,140,939 lbs. of tobacco, of which 2,900l. 13s. 10d. was ordered to be drawn in England in payment for 301,648 lbs. of tobacco. 8 pp. Two copies. [Col. Papers, Vol. XXXIX., Nos. 40, 41; also Col. Entry Bk., Vol. LXXX., pp. 172–179.]
Feb. 20. 72. Thomas Notley, Governor of Maryland, to Lord Baltimore. That Virginia is wholly reduced to its allegiance, and most of the grand rebels brought in and some of them executed. That the frigates have arrived in Virginia with a fleet of merchant men. 1 p. [Col. Papers, Vol. XXXIX., No. 42.]
Feb. 20. 73. Colonel Francis Moryson to Governor Berkeley. At the desire of the bearer, Captain Swann, though his fellow Commissioners are both absent, acquaints him that divers people who are enjoined by the King's proclamation to take the oath and give security for their future good behaviour are rendered incapable by their own defection, of procuring any of the loyal party to stand bound for them. Desires he will advise with the Assembly upon this, being an important part of said proclamation. When a speaker is chosen desires to be acquainted therewith, that the Assembly may receive from His Majesty's Commissioners an account of the occasion of the King's sending them over. 2 pp. [Col. Entry Bk., Vol. LXXXI., pp. 71, 72.]
Feb. 20. 74. Journal of Assembly of Barbadoes. Being put to the vote the four following Acts were passed, viz.:—For securing the possession of negroes and slaves; to enable every tenant in tail to bar the issue in tail and all remainders and reversions; appointing the sale in open market of effects attached for the excise, the parish dues, or servants' wages; appointing what freeholders shall be capable to elect at the choosing of representatives. Order upon petition of Richard Lintott, merchant, to be allowed the duty paid on sixteen pipes of Madeira "turned eager" and altogether unsaleable.
Feb. 21. On petition of some of the freeholders an Act empowering the freeholders of the parish of St. Peters, All Saints, to meet and choose a vestry of said parish was passed as was also an Act appointing what freeholders shall be capable to elect at the choosing of representatives for this island. Ordered that the Treasurer bring for the inspection of this House at their next meeting all accounts of arrears of levies and excise. The four following Acts were passed, viz,:—Appointing the sale in open market of effects attached for the excise parish dues or servants; to enable every tenant in tail to bar the issue in tail and all remainders and reversions; repeal of an Act entitled an Act for encouragement of the manufacture of this island; and for continuance of an Act entitled a supplemental Act to a former Act for the better ordering and governing of negroes. Ordered that a Bill be drawn by John Witham against their next sitting for a levy upon lands and negroes, &c., to defray the necessary charge of our fortifications. Adjourned to 15th March. [Col. Entry Bk., Vol. XIII., pp. 241–244.]
Feb. 21. 75. Order of the King in Council. Referring petition of the merchants and traders to Newfoundland in fishing voyages to Lords of Trade and Plantations to examine the complaint and report what they conceive is yet further to be done, His Majesty being willing to gratify petitioners in anything that may cause the late Letters Patent touching the fishery of Newfoundland to be made effectual to them. [Col. Papers, Vol. XXXIX., No. 43.]
Feb. 21. 76. Governor Berkeley to Colonel Moryson. Has received his letter by Captain Swann and will do as he required him and consult with the Assembly, and not only with them but with the only Commissioners. Thanks God he is so perfectly recovered that he hopes to go for England with the first ship. [Col. Entry Bk., Vol. LXXXI., p. 73.]
Feb. 22. 77. Warrant to the Attorney or Solicitor General. To prepare a Bill for the King's signature to pass the great seal containing a grant to Charles Herbert of the office of Clerk of the Supreme Court of St. Jago de la Vega, Jamaica, during life, after the death or other termination of the interest of Robert Clowes, with power to sign writs, enter decrees, and keep records, and with all the fees and advantages belonging to said office. [Col. Entry Bk., Vol. CX., p. 109.]
Feb. 23. 78. Colonel Francis Moryson to Governor Berkeley. Must needs say he is a little troubled to find Berkeley use this expression "I shall do as you require me," which is a language the Colonel never uses to his equals much less to a person of the Governor's honourable character. Thinks it must needs be a mistake in the reading not in the writing of his own. Conceives he has the liberty without his fellow Commissioners to write anything that imports his Majesty's service by way of advice. The title of Right Honourable in no capacity belongs to Moryson, but he desires to do His Majesty service under his true title. When his fellow Commissioners return from placing the King's stores, they will write to the Assembly of the occasion of their coming. 2 pp. [Col. Entry Bk., Vol. LXXXI., pp. 74, 75.]
Feb. 23. 79. Benjamin Rozer to Lord Baltimore. That the rebellion in Virginia is totally suppressed and a new Assembly sitting. Sir William Berkeley hath hanged several persons since his return but hath executed none since the arrival of Sir John Berry. That Jeffreys, one of the Commissioners for Virginia, was not then arrived. 1 p. [Col. Papers, Vol. XXXIX., No. 42.]
Feb. 24. 80. Governor Berkeley to Colonel Francis Moryson. Thinks all His Majesty's Commissioners of so high a quality that he writes and styles Colonel Jeffreys and Sir John Berry Right Honourable, who have not yet taken it ill neither does Berkeley while he is the King's Governor. For the word require truly he knows not whether it were desire or not. The Burgesses are not yet half met, the northern and those of Accomack being kept back by the weather to the Governor's great charge. "Colonel Moryson, my friend, I would fain have you think me yours." [Col. Entry Bk., Vol. LXXXI., pp. 76, 77.]
Feb. 27.
Swanns Point, James City.
81. The Commissioners for Virginia to Thomas Watkins. Upon second thoughts, desire he will deliver Secretary Coventry's letter, whose Province Virginia is, in the first place and advise with him how much of its contents may be communicated to the other ministers. The Assembly have begun to sit, and the Commissioners have prepared a letter to acquaint them with the cause and end of their coming which they will send with answer by next conveyance. [Col. Entry Bk., Vol. LXXXI., pp. 95, 96.]
Feb. 27.
Swanns Point, in James River.
82. The Commissioners for Virginia to the Governor, the Council, and the Speaker of the House of Burgesses at Green Spring, to be communicated to the whole Assembly. Congratulations on their return to their late interrupted freedom and liberties from the force, fury, and constraint of the late wicked and ruinous rebellion. Prayers for divine assistance in their debates and consultations. That they search into the depths and yet hidden root and source of the late rebellious distemper, and devise wholesome laws to prevent the like evil consequences for the future, and effectually to staunch and heal the fresh and bleeding wounds among them. Notify the King's Commission and Instructions, and the Commissioners' power and readiness to assist and advise with the Assembly, and then speedily to return home to His Majesty fraught with those burdens wherewith they have been oppressed and have groaned under, who out of his royal compassion has promised a fit and speedy redress thereof. To join their utmost endeavours with their own to procure a peace with the neighbour Indians. Tribute to Governor Berkeley's equitable policy and prudence, first by his successful conquest, next by his wise and just peace formerly made with the Indians. Remarks on the base ingratitude or nameless prodigy of infatuation and meer madness in those who would make a breach with or strive to extirpate the amicable Indians. Exhortations to gain and preserve a good and just peace and correspondence with their neighbour Indians, least God "look on while, like men devoid of reason, religion, loyalty or humanity, we were murdering, burning, plundering and ruining one another without remorse or consideration." Recommend the reducing the great salary of the members of the Assembly to such moderate rates as may render them less grievous and burthensome to the country; His Majesty has shown himself signally concerned therein; their opinions as to an immediate redress under five heads, viz., the calling a new Assembly every two years; no member to receive any salary unless personally sitting; no accounts for liquors drunk by members at committees, chairmen of committees to draw up their own reports themselves; (some clerks employed having 4,000 lbs. of tobacco for scarce 20 lines); and the abatement of the excessive rates set by ordinary keepers about James City at Assembly times; that Acts may be speedily considered to reform the same; recommend the "transmuting that odius name of Informer into that more genuine one of calling such men Conservators of the Law." Other grievances shall be transmitted home for His Majesty's redress; those between party and party which relate only to private interests to be left to the Assembly. Hearty wishes that the Assembly may unite in their endeavours to resettle this distressed country, so that a timely stop be put to His Majesty's resolve to send a far greater force over to effect it and that the soldiers now here may be recalled home. 19 pp. [Col. Entry Bk., Vol. LXXXI., pp. 97–115.]
Feb. ? 83. The Commissioners for Virginia to the Council and Assembly of Virginia. As touching His Majesty's desire for peace with the Indians; the sole power of peace and war are only inherent to His Majesty's royal prerogative, and it is therefore to be understood that that part of the letter is not before the Council and Assembly to judge or determine whether it be fit or no, but to offer their best judgments as to what means shall safely and honourably conduce thereto, "and no further are you to concern yourselves in this matter." As to the salaries of the Assembly members, His Majesty's instructions are peremptory in that particular; they must be reduced so as to be no grievance to the country. These two articles to be recommended particularly to the Governor as appertaining solely to his province. 4 pp. [Col. Entry Bk., Vol. LXXXI., pp. 116–119.]