America and West Indies: September 1677

Pages 145-160

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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September 1677

Sept. 4.
395. Secretary Sir H. Coventry to the Earl of Carlisle, Governor of Jamaica. It is the King's pleasure that he repair to the Lords of the Admiralty with all speed, in order to the hastening of his preparations for his voyage to Jamaica, the ship appointed to carry his Lordship being also designed to attend upon said island in the room of the Phœnix, now come home. His Majesty's command and the present exigency will have such influence upon his Lordship that he need add no more. [Col. Entry Bk., Vol. CX., p. 115.]
Sept. 4. 396. Minutes of the Council of Barbadoes. The Governor summoned the Assembly and told them the King had sent the Constant Warwick to do service in the island, and not by any means to impose upon them, and the King's orders were delivered to the Speaker. He also acquainted the Assembly they had begun the works to leeward, and propounded Commissioners for paying the wages of the workmen. Also that he had to give an account of arms and ammunition sent from the King's stores, that he had sent for match for which he desired payment, that 1,500 pikes moved for in England without his orders he should not engage for, and that they ought to return their thanks to the King for sending the Constant Warwick. [Col. Entry Bk., Vol. XI., pp. 296, 297.]
Sept. 4–6. 397. Journal of Assembly of Barbadoes. Orders for payment of salaries to the gunners of several forts and batteries. Act for empowering Benjamin Middleton to sell his estate for payment of his debts read a third time and passed, also an Act for the more speedy remedy in distresses. Remonstrance of William Walley in relation to irregular proceedings of John Gibbs, Marshal of the Court at St. Peter's, to be examined by Henry Quintine, Judge. Resolved that 300l. be given to Colonel Daniel Searle, "as the kindness of the inhabitants of this island," who are sensible of his present poverty, but not to be in any way liable to the demands of his creditors. Petitions of divers persons in relation to sour wines recommended to the care of the Treasurer and Major John Hallett. Letter from the King to Sir Jonathan Atkins, appointing and sending His Majesty's ship the Constant Warwick, Captain Ralph Delavall commander, to Barbadoes, to be employed for the security of the trade and other public services of the island, communicated by the Governor to the House.
Sept. 6. Orders upon petitions of Walter Benthall, merchant, Thomas Doxey, merchant, Josiah Ingle, Richard Bubb, merchant, and Captain John Johnson praying for remission of duty on wines and beer turned sour and unsaleable. Act for reviving and continuing an Act for laying an imposition on wines and other liquors imported; also an Act to prevent frauds and concealments in the payment of excise. The Governor communicated to the House a letter from Colonel Edward Thornburgh, and enclosed copies of petition of the Gentlemen Planters in England to the King. Report of the Lords of Trade and Plantations to the King, and Order of the King in Council thereon (see ante Nos. 231, 259, 264), in reference to a supply of match, pikes, and small arms for Barbadoes. Resolved that the 1,500 pikes therein mentioned are wholly useless to the island, and would be a great and unnecessary charge, but that a letter of thanks be written to the Lords of Trade and Plantations for their care and readiness in favour of the country. That the Governor be moved to employ some one in England to purchase 1,200 plain firelocks "after the French work, about the value of twenty shillings each," and two hundred carbines, with cartouch boxes, &c., for which the Assembly promise to ship sugars from hence. Ordered that the Commissioners of the Forts have power to charge the Receivers of the public levies for payment of workmen, materials, and other incidents and necessaries for making, repairing, and finishing said forts. Order repealing an Order of 16th March 1677 concerning the filling up of strong liquors on shore, and ordering that same be filled up on board ship. Adjourned to 2nd October. [Col. Entry Bk., Vol. XIII., pp. 265–277.]
Sept. 4. 398. Minutes of the Council of Jamaica. The Provost Marshal brought in the returns of the several elections as follow:—
St. David's, Thomas Ryves and Captain Thomas Fargor.
St. George's, William Nedham and George [Robert] Philipps.
St. Dorothy's, John Colebeck and Theodore Cary.
St. Thomas, Captain Edward Stanton and Clem. Richardson.
Clarendon, Thomas Sutton and Jonathan Ashurst.
St. Andrew's, Samuel Barry and John Barnaby.
St. Elizabeth, Richard Scott and Thomas Raby.
Port Royal, William Beeston, Anthony Swimmer, and Charles Morgan.
St. John's, Whitgift Aylemore and Richard Oldfield.
St. Mary's, John Fountain and Andrew Orgill.
Vere, Andrew Knight and Andrew Langly.
St. Thomas-in-the-Vale, Fulke Rose and George Nedham.
St. Katherine's, John Bowden, Samuel Bernard, and William Bragg.
St. Ann's, Richard Hemmings and John Gawden.
St. James', Richard Guy and Samuel Jenks.
Sept. 6. The Assembly attended in a full body except seven, and took the oaths of allegiance and supremacy. They afterwards chose William Beeston as Speaker, of whom the Governor approved.
Sept. 7. The oaths administered to Andrew Knight and Captain Clem Richardson. Committee sent from the House to return thanks for the Governor's favourable speech, and said they were resolved to comply in all things with the Governor's directions to fortify the island with good laws and forts. They desired the Acts which lay before the Council.
Sept. 8. Proceedings on Bills brought from the House.
Sept. 10. Captain Richard Guy and Captain Edw. Stanton take the oaths Bill for prevention of lawsuits brought from the House, read three times, and passed.
Sept. 11. Oaths administered to Lieutenant-Colonel Whitgift Aylemore. Bills brought from the House. Captain Anthony Swimmer sworn.
Sept. 12. Proceedings on several Bills.
Sept. 13. Debate on several Bills, which are read a first and second time, and some of them a third time and passed.
Sept. 14. The Act for preventing damages in Plantations, preserving cattle, and regulating highways, and the Act for ordering boats and wherries were passed; also the Act for establi-hing and regulating several courts of justice.
Sept. 15. Bills for the sale of Nicholas Hick's estate and for the sale of Benjamin Whetcombe's estate read a second time and committed.
Sept. 17. Several Bills, with amendments, brought from the House, read a second time and committed.
Sept. 18. The oaths taken by Samuel Jenks. Amendments to Bills brought from the House agreed to.
Sept. 19. Proceedings on various Bills.
Sept. 20. The Speaker, with the whole House, attended when the Governor signed the Bills enumerated, but declared his confirmation should not put an end to the Session.
Sept. 21. Bills read a third time and passed.
Sept. 25. Conference desired by the House agreed to. Bills advanced a stage. Petition of John Collett referred to the Assembly.
Sept. 26. An amendment desired by the House in the Bill for confirmation of pious, charitable, and public gifts and grants agreed to, and ordered to be sent down. Proceedings on other Bills.
Sept. 27. Two letters from the King dated respectively 12th May and 17th May (see ante, Nos. 235, 253) ordered to be entered in the Council Book. John Ball was accordingly admitted to the Council and took the oaths. Bills read a third time and passed.
Sept. 28. The Governor signs several Bills in presence of the Speaker and the whole House.
[Col. Entry Bk., Vol. XXXV. pp. 613–639.]
(Sept. 6.) 399. Representation of William Stoughton and Peter Bulkeley to the Lords of Trade and Plantations. Their Lordships having required an account of such places as by the report of the Lords Chief Justices are without the bounds" of the Massachusetts and within the limits of no other jurisdiction, the Agents inform them that between the N. bounds of the Massachusetts as now retrenched and the S. bounds of Maine adjudged to Mr. Gorges, lies a small tract of land which (though begun to be planted upwards of 40 years since) yet, by reason of its scantiness of accommodation, contains only four plantations or towns, the inhabitants whereof are but few in number and the generality of mean and low estates; that those places have never been taken in by any other government but that of the Massachusetts, under which they have been, to their great advantage and content, fixed very near 40 years, but if taken off from that government will be under none, and so at the King's immediate dispose. The Agents therefore pray on behalf of these plantations, the minds of the people being very well known to them, that they may be continued under the Massachusetts govern ment, whereby the N. bounds of the Colony will be free from intricacy, many hazards and changes will be prevented, the inhabitants will be gratified, and no injury will be done to any one claiming propriety in the soil, the determination of which is not desired to be hereby obstructed. Signed by William Stoughton and Peter Bulkeley. "Presented 6 Sept. 1677." 1 p. [Col. Papers, Vol. XLI., No.59; also Col. Entry Bk., Vol.LX., p. 237.]
Sept. 6.
400. Journal of Lords of Trade and Plantations. The Agents of Boston give in a paper declaring the extent of the plantations without their jurisdiction according to the Judges' report, and pray that His Majesty would contiune them under the Massachusetts government for the reasons mentioned which their Lordships read and lay aside until a fit time for consideration. The Agents, in regard they are required to stay in England until next spring, desire leave to go for some short time into the country promising to be ready to attend upon summons.
The laws of Jamaica having been since May last lying before Mr. Attorney-General to report his opinion, their Lordships think fit he be put in mind of them in order to his hastening their return, see letter 9th October, No. 423. [Col. Entry Bk., Vol. CV., pp. 109, 110.]
Sept. 6. 401. Journal of Lords of Trade and Plantations. Mr. Secretary Coventry delivers a journal of the proceedings of the Assembly of Jamaica against Thomas Martin, Receiver of His Majesty's duties. Annexed,
401. i. The Journal of Assembly of Jamaica above referred to. 11 pp.
401. ii. Articles exhibited against Thomas Martin by the Assembly of Jamaica. 1½ pp.
401. iii. Answer of Thomas Martin, one of the representatives of the Commons of Jamaica. 3 pp. (Nos. II. III. are included in the preceding Journal.)
401. iv. A true account of what passed between the Assemblyof Jamaica and Thomas Martin, one of their Members, since 25th May 1677. 7 pp. [Col. Papers, Vol. XLI., Nos. 60, 60 I.–IV., and Col. Entry Bk., Vol. CV., p. 110.]
Sept. 6. 402. Journal of the Assembly of Jamaica, Names of the Members elected,' see ante No. 398. William Beeston chosen Speaker. Mr. Howser to be desired "to make a sermon" to-morrow and the Governor to have notice.
Sept. 7. Their former Clerk chosen. Committee to return thanks to the Governor for his favourable speech. Mr. Bayley chosen Messenger of the House. Committee to demand from the Governor the Bills of the House before Council and the writs and returns of the elections. Rules to be observed for their proceeding, the last being that the Speaker and Assembly imprison such of their members as are disobedient, drunken, or prophanc, that all may be done to the glory of God.
Sept. 7–9. Debate on various Acts.
Sept. 10. Captains Guy and Stanton sent to the Council to be sworn. Debate on the Parish tax. Various Acts forwarded a stage.
Sept. 11–14. Lieutenant-Colonels Barry and Aylemore sent to the Council to be sworn, also Captain Swimmer. Procedings on several Acts. Conference desired with the Council concerning the amendments in the bills of fees and enrolments. Moved that the island be fortified and the survey made of the forts desired by the Governor. Bills for sale of the estates of Nicholas Hicks and Benjamin Whitcombe for satisfaction of debts.
Sept. 15, 17, 18. Debate on various Acts. Major Jenks sent to the Council to be sworn. The House satisfied with his excuse for his long absence. In reply to the House the Governor said the Assembly could not employ a Committee to take oaths, but must send after examination to the Council to have the parties sworn. Reginald Wilson to appear before the Committee appointed to make inspection into the revenue.
Sept. 19, 20. Debate upon several Acts including the Act for fortifications and Act of the revenue. Voted that James Barclay, Clerk of the Assembly, be paid 80l. for his attendance at the former Assembly, and this, also that Major Yeamans, Provost-Marshal be paid 80l. for his attendance. Message from the Governor to be present at the signing of several Acts which are enumerated.
Sept. 21. Proceedings on various Acts. Voted that Governor Lord Vaughan have 1,000l. and Sir Henry 300l. Also that a messenger be sent for Major Jenks to make his appearance and answer his contempt. Committee appointed to examine Acts in which are fines, and no care taken for the levying. Petition of George Freeman about his brother's estate.
Sept. 24. Petition of Captain James Davis read for satisfaction for services against the rebellious negroes. Committee to enquire of Colonel Fuller what number of negroes were killed by petitioner and the satisfaction already had. Petitions of Captain Haughton and Mr. Ridgeway read; no petitions to be received founded upon an Order of the Council.
Sept. 25. Debate on the Act of the Revenue. Conference desired about the Act of pious grants, committee appointed. Voted that Major Jenks be fined 3l. Petition of Mr. Ball for Daniel Jordan's real estate to be sold for payment of his debts. Major Nedham's petition for satisfaction for a negro executed for rebellion referred to the Council.
Sept. 26. Debate on several Acts. Title of the Act of revenue. Petition of Thomas Martin praying to be released by the House. Another paper of his read, wherein he questions the power of the former Assembly to imprison him, which made the House resolve to proceed no further in this business unless he make his application to the Governor or a more humble address to the House. Committee to examine the charge occasioned by the rebellion of the Northside negroes.
Sept. 27, 28. Petition of Thomas Martin representing his disability to satisfy his fine and charges and praying they may be moderated and be released and the House intercede with the Governor in petitioner's behalf—carried in the negative. Proceedings on several Acts. The whole House went to the Council table to be present as the several bills passed both houses. The Provost-Marshal returned to the House and desired by the Governor's order that there be no debate before they waited upon him, [Col. Entry Bk., Vol, XXXVII., pp. 186–193.]
Sept. 6/16.
403. Governor Sir Jonathan Atkins to Lords of Trade and Plantations. Has received theirs of the last of May (see ante, No. 276) with very great satisfaction "I lying before under a despair to find all my endeavours encounter so many misapprehensions as was signified to me by your former letters." Has not neglected his duty or oppressed any body, for he has maintained the King's honour and interest and all that tends to his service. If he has erred by mistake shall readily incline himself to reform. As to Sir Peter Colleton's address for 1,500 pikes, wonders no less than their Lordships that without order from himself the Council and Assembly any should venture to make such an address to put the country to charge without their own consents. Reasons why pikes have become useless, besides their is a worm in the country that eats the wood that comes from England, wherefore their Lordships are begged to supercede that order. He had been a very ill husband for the King if he had sent for any arms upon the King's account, since the country are obliged to pay for their own arms and ammunition by the Earl of Carlisle's charter, so has prevailed with them to send for 1,200 firelocks with cartridge boxes and girdles, and 200 carbines, for payment whereof they have passed an Act and beg they may be their own chapmen and permitted to transport them by their own agents. Will see the Master of the Ordnance is paid for the match sent for. Complains that merchants upon the Exchange and of the Guinea Company, and others, take upon themselves in some measure to be Governors of Barbadoes, so having so many masters he knows not who to please. And that the places of profit are given away by patent from England which was never done before. It were to be wished that Sir Peter Colleton and those other. gentlemen would move in their own spheres for the future. Answer to query about the arms and ammunition sent since the King's restoration, also Artillery, powder, etc. "three times my Lords already I have given you this account * * * * the strength and weakness of any place of this importance ought to be kept secret. And therefore, my Lords, His Majesty having been pleased to appoint me here his Captain General, for which I am accountable to him, either with the utmost peril of my life to defend it or if I neglect my duty to answer it with my head, and usually those are privacies seldom imparted but to the officers of the place and that but upon occasion, I beg your Lordships' pardon that I use these expressions, not having the least thought of derogating from your Lordships' power, or that I am ignorant your Lordships are not trusted with greater secrets than these. But I fear my papers are neglected, that you are pleased to take no more notice of what I writ before, and that papers of that kind are made more public than the nature of the thing will admit. But to show I will disobey your Lordships in nothing, I have sent you herewith a new list agreeable to your last commands." Complaints made to him on behalf of masters of ships seized by the French. Has sent the King's frigate to the Governor of the French islands to demand a reason for these proceedings. Is confident the Dutch plantations at Tobago and Surinam will come to nothing. Disastrous design of the Dutch replanting Tobago, most either starved or dead. Has sent the law against Quakers bringing negroes to their conventicles necessary for the safety of the island. 4 pp. Endorsed "Rec. 18 Nov. Read 27 Nov. 1677." Encloses,
403. i. List of the King's Council in Barbadoes, viz:—
Colonel John Willoughby.
Sir Peter Colleton, Bart.
Colonel Henry Drax.
Samuel Farmer, Esq.
Colonel Henry Walrond.
Thomas Wardall, Esq.
Lieutenant-Colonel Samuel Newton.
Colonel Simon Lambert.
John Peers, Esq.
Colonel John Standfast.
John Sparkes.
Colonel Henry Hawley, dead. Expects the King's Order for another in his place.
Henry Walrond, Junr., Judge of Austins.
John Wilham, Esq., Judge of Bridge Town.
Edw. Littleton, Esq., Judge of the Hole Court.
Henry Quinto, Esq., Judge of Speights.
John Reid, Esq., Judge of Scotland Court.
Military Officers.
Sir Peter Colleton, Colonel of Horse.
Samuel Newton, Lieutenant-Colonel.
John Hallet, Major.
Colonel Symon Lambert, Colonel of Horse.
Lieutenant-Colonel James Carter, Lieutenant-Colonel.
Major John Steart, Major.
Colonels of Foot.
Colonel John Willoughby.
Lieutenant-Colonel Thomas Colleton.
Major Thomas Jolley.
Colonel Christopher Lyne.
Lieutenant Colonel Lewis.
Major Richard Williams.
Colonel William Bate.
Lieutenant-Colonel John Codrington.
Major Paul Light.
Colonel Timothy Thornbill.
Lieutenant-Colonel Affrick.
Major Helmes.
Colonel Richard Bayley.
Lieutenant-Colonel Samuel Tidcombe,
Major Foster.
Colonel John Standfast.
Lieutenant-Colonel Alexander Ruddock.
Major Robert Legarde.
Great Artillery.
Austin's Bay, 25 guns.
Battery within the Bay, 10 guns.
James Battery, 20 guns.
Read's Bay, 12 guns.
Charles Fort, 40 guns.
Willoughby Battery, 13 guns.
The Hole, 13 guns.
Speights Bay, 25 guns.
The Militia consists of 10,000 horse and foot. Between 400 and 500 barrels of powder. Are rebuilding two of the chief batteries of the island at a cost of 1,500l. and the arms sent for will cost 1,500l. more. Together, 8 pp. [Col. Papers, Vol. XLI., Nos. 61, 61 I., and Col. Entry Bk., Vol. VI., pp. 185–191, and 197–199.]
Sept. 10.
404. Lords of Trade and Plantations to Colonel William Stapleton. Acknowledge receipt of five letters from him from 26th April to 22nd November 1676 (all calendared in previous Volume, see Nos. 902, 954, 990, 1017, and 1150), and "cannot but acknowledge your great diligence and punctuality in giving us so frequent and circumstantial accounts of His Majesty's islands under your government, and the methods you pursue in discharge of the trust reposed in you." Their Lordships have considered and selected the matters fit for His Majesty's knowledge, and reported upon such things as are necessary for the support and encouragements of the Plantations within his care. As to the English being kept out of their possessions in St. Christopher's, and His Majesty's sovereignty being disputed; supply of ministers; the recruiting of the two companies at St. Christopher's, and the establishing a fund for their pay; the sending to St. Christopher's of 300 malefactors, "whereby that island may be peopled in some equality with their neighbours"; the raising of forts, supply of arms and ammunition, and a frigate to attend the Governor, and the payment of his arrears in Sir Tobias Bridge's regiment. Relate what His Majesty has been pleased to order in reference to each of these separate wants, and also that a commission from the Duke of York as ViceAdmiral will be transmitted to him, as well as a public seal for settling and assuring the particular interests of the planters, and countenancing his own authority. Have considered his representation concerning Statia, Saba, and Tortola, and for the reasons set forth are of opinion that be continue the possession and posture of these islands as at present, and not admit of any claim without His Majesty's special directions. Desire him to send the laws now in force, and so from time to time to receive His Majesty's approbation; also the names of the Council and Assembly, and of the civil and military officers and their estates, and copies of all Acts of Council, and public orders. Likewise account of warlike provisions transmitted to the Leeward Islands since His Majesty's restoration, how they were received, disposed of, and paid for. Signify their satisfaction with his answers to their inquiries. Expect from him a distinct account of the men, women, and children, blacks and whites, English, Scotch, and Irish inhabits, the number that are born, christened, and die, for which purpose a register must be kept. Also his probable conjecture of the length, breadth, and circumference of Statia, Saba, and Tortola, as no survey has ever been made of those islands. 57 men have been raised to recruit the two companies, and were put on board the Hospewell 9th August last. [Col. Entry Bk., Vol. XLVI., pp. 241–251.]
Sept. 10.
H.M.S. Leopard, St. John's, Newfoundland.
405. Sir William Poole to Lords of Trade and Plantations Has made the best inspection he can relating to the affairs of this country, and has conversed with the fishers, the "sackes," and the planters, and inquired into all their grievances, which he fears will scarce be composed while left to their own "managery," in that they are so envious one towards another, and this particular harbour of St. John's makes more trouble than all the country beside. Has sent answers at large to every head of inquiry both from inhabitants and fishers, where their Lordships will discover how they differ, and wherein they transgress the patent which they say cannot be performed at all points. Sends also account of the number of men, women, children, and servants inhabiting from Trepasse to the westward of Cape Race to Cape Bonavista; also the number of their houses, gardens, cattle, boats, stages, trainfats, &c, account of the fish ships and by boats, number of men, boats, stages, and fishing in every particular port or harbour this year; also of all the sacks, their number of men, tons, and guns in every port or harbour where they laded their fish, and to what ports transported, and as near as he could the provisions of all sorts imported this year, and from whence, as France, Portugal, Western Islands, New England, New York, and Barbadoes. How the planters pass away the winter, the quantity of fish they make, and whether cheaper or dearer than the fishermen, and the quantity they have also made. Transmits the best account he can of the French in this country, and how they manage their fishery, and much outdo our people by taking more and better fish and running to market before us; their forts, ships with their burthen, and guns. There is still an ancient animosity between the fishers and planters. Some fishers grumble the inhabitants live near the seaside, and some that they are permitted to stay in the country, notwithstanding they confess and it is very apparent that the planters are of very great use to them, because they have not all the flakes next the seaside to dry their fish, and cannot dispossess them of their storehouses and stages when they please. The next, which has some reason, is that the planters' houses and stages are scattered too much about the harbour, that they cannot avoid mixing one with another, which may admit of many inconveniences, but there is now no separating them without pulling down the planters' houses and rooms, which will cost them dear to rebuild, having no wood nearer than three miles. The next cavil is against the planters' hogs and cattle, which sometimes break out to their stages and spoil some of their fish, but this is no great prejudice, the custom of the country obliging a return of the fish spoilt. Another is the planters' increase, especially in St. John's, and will do faster when their children marry, and then this place cannot afford accommodation for all to fish. This must be granted if they conclude the planters to be immortal, but if succeeding years produce not more fish than this year, in six years there will not be ten planters left, for they have not this year caught fish enough either to pay their servants or the provisions bought. These are the chiefest grievances, and not very difficult to be relieved. Describes how the planters are useful to the fishers by employing their people in the woods to fell trees in the winter to saw into boards to build boats and make oars against next season, and to secure in their houses the unused salt till next year. In cases of sickness there are no other nurseries but the planters' houses, which are always at their service and their wives to attend them. But the chiefest use of the planters, as the fishers say, is at their first coming upon the coast, if by contrary winds they do not fall in with the harbour they despatch away their boats to take possession of the harbour, for first come first served, and sometimes their ships don't atrive for ten or twelve days, in such case what would become of the poor men at such a cold season if they were not relieved by the planters. At going the planters will give the fishers, or take from them, provisions for fish. To remove the planters six miles into the country is worse than to turn them off, and to turn them quite off the masters of the fishery cry God forbid. Assures their Lordships there is room enough and conveniences for all the fishers and planters that are here for this season; some of both have had more room and more stages than they have employed, "yet they would fain be injuring one another." As to the French fishery, refers to the answers to heads of inquiry, "Rec. 16 Oct. 1677." 3 pp. Encloses,
405. i. Answers to the heads of inquiry by several inhabitants and masters of fish ships in their respective harbours on the coast of Newfoundland. "Transmitted by Sir Wm. Poole pursuant to an Order of 17 May 1677. Rec. 16 Oct. 1677." 8 pp.
405. ii. Description of the harbours and coves between Trepasse and the Bay of Bulls, with the bearings and distance of the several capes and headlands. "Rec. from Sir Wm. Poole 16 Oct. 1677." 2 pp.
405. iii. An account of all the harbours and bays to the northward of St. John's. "Rec. from Sir Wm. Poole 16 Oct. 1677." 3 pp.
405. iv. A particular account of all the inhabitants and planters living in every fishing port or harbour on Newfoundland from Cape Bonavista to Cape Race, with the number of boats, stages, trainfats, houses, beach rooms, cattle, &c., belonging to them. 2 pp.
405. v. Names of inhabitants, with number of wives, sons, daughters, servants, houses and lodging houses, gardens, boats, stages, trainfats, rooms or flaks, horses, cattle, sheep, hogs, quintals of fish per boat, and names of harbours. 2 pp.
455. vi. Account of all inhabitants or planters from Trepasse to St. John's; also of houses, &c., as in No. V. 2 pp.
405. vii. Total account of the inhabitants in Newfoundland, with their boats, stages, &c. "Rec. from Sir Wm. Poole 16 Oct. 1677." 4 pp.
405. viii. A particular account of every fish ship in each day or harbour, and of every sack ship, and whither bound. "Rec. from Sir Wm. Poole 16 Oct. 1677." 2 pp.
405. ix. Account of fishing and sack ships from Balene to St. John's Harbour. "Rec. from and signed by Sir Wm. Poole." 4 pp.
405. x. Account of fishing and sack ships from St. John's to Bonavista. The whole account of all the inhabitants in Newfoundland, with all the fish ships, boats, and sack ships for the year 1677; also the several sorts of wines and provisions imported this year only in St. John's Harbour. Number of men, including housekeepers, their sons and servants, 1,631; of wives, widows, daughters and maid servants, 253; total inhabitants, 1,884. The nearest estimate of fish taken, 180 kintals per boat, which makes [for 1,229 boats] 221,220 kintals. Usual estimate of salt, 30 hogsheads of salt per boat, sometimes much more, which makes 9,217 tons of salt. For every 40 kintals of fish they account one hogshead of train oil, which makes 5,530 hogsheads of train oil. There is room enough in this harbour for more boats than fished this summer without injuring one another. Signed by Sir William Poole, and received from him 16 Oct. 1677. 4 pp. [Col. Papers, Vol. XLI., Nos]. 62, 62 I.–X.]
406. "An account of the Colony and Fishery of Newfoundland and the present state thereof," with a manuscript map in colours on vellum of the whole island. Probably compiled expressly for Secretary Sir Joseph Williamson, whose signature is on the title page. A manuscript volume of 33 pages bound in vellum and lettered "Newfoundland." After describing the situation and discovery, and the four several patents to Sir Humphrey Gilbert ing 1578, the Earl of Northampton, Sir Francis Bacon, and others in 1610, to Sir George Calvert in 1620, and to the Marquis of Hamilton, Earls of Pembroke and Holland, Sir David Kirke, and others (in 1637), and the commissions granted by "the late Usurper," the "account" goes on to say that the fishery "became liable to several abuses," upon which a commission of inquiry was issued, and rules and regulations established, and a charter was granted in 1661 to merchants and traders to Newfoundland. Then followed additional rules and sundry petitions for and against a Governor upon which the Lords of Trade and Plantations made reports, and the King issued Orders in Council. In 1670 on petition of the western merchants additional rules were framed for regulation of the fishery. The King was then petitioned on the great advantages that would attend the fishing trade by a settlement in Newfoundland under a Governor, upon which the Lords of Trade and Plantations made a further report to the King, who approved of their Lordships' proposition. In 1675 Sir John Berry was appointed a convoy to the ships trading to Newfoundland, and on his return he attended their Lordships and urged the necessity of encouraging a colony or else, he said, the French would take advantage by the intended removal to make themselves masters of all the harbours and fishing places. Then come petitions from John Downing, an inhabitant on behalf of the planters, and the proceedings thereon in 1676 and 1677, and finally Sir William Poole's answers to inquiries, and his letter of 10th September 1677, with enclosures of particulars, some of which are entered in full in this volume. Also account of the fishing trade in 1615 and in 1677, and of the French colony and Trade of Newfoundland. "Besides the English and French there are some few and inconsiderable ships from Biscay and Portugal that use this trade and keep their station on the north coast of Newfoundland, and' upon the Bank. But no other nation has been known to frequent this fishery." The petitions, reports, Orders in Council, and other papers referred to are abstracted under their respective dates in the previous volumes of this Calendar. [Col. Entry Bk., Vol. LXVI.]
Sept. 11. 407. Petition of Richard Booth, Samuel Story, Samuel Chaphamson, and William Paggen, of London, merchants, to Lords of Trade and Plantations. That certain goods laden on board the Richard and Eliza, Nicholas Pryn commander, were seized on their arrival in Virginia, upon supposition that they belonged to William Hunt, to whom one fourth part only was consigned, who was concerned in the rebellion there, though he was never convicted of any crime. Pray for an order to have same delivered to petitioners, or if embezzled or disposed of, that the Governor and Council in Virginia have directions from His Majesty to be aiding and assisting in the recovery of same. Annexed,
407. i. Certificate sworn before their Lordships by petitioners of the truth of their statements. 11th September 1677. "Read 9 Oct. 1677," Two papers. 2 pp. [Col. Papers, Vol. XLI., Nos. 63, 63 I.; also Col. Entry Bk., Vol. LXXX., pp. 180–182.]
407. ii. Order of the King in Council on Report of the Lords of Trade and Plantations on above petition. Approving same, and directing that letters be written to LieutenantGovernor Jeffreys that the goods so taken be delivered to petitioners or their agent, and in case they be disposed of, that said agent be assisted in the recovery of same. [Col. Entry Bk., Vol. LXXX., pp. 183–186.]
[Sept. 11.] 408. Petition of Thomas Martin, of Jamaica, and Leonard Compeare, of London, merchants, to the Lords of Trade and Plantations. Recite former petition (see ante, No. 327). That Compeare has received advice that Governor Lord Vaughan not only continues to oppose Martin but has cast him into prison without bail, "being done out of a mere malice, with a design utterly to ruin him." That petitioners are informed the Earl of Carlisle is designed to succeed Lord Vaughan. Pray their Lordships to interpose with His Majesty on petitioners' behalf to recommend them to the care and favour of Lord Carlisle, and that in meantime Martin be released from imprisonment. "Read 11 Sept. 1677. Ordered to be reported." [Col. Papers, Vol. XLI., No. 64, and Col. Entry Bks., Vol XXIX., pp. 135–138, and Vol. CV., p. 112.]
Sept. 11. 409. Report of Lords of Trade and Plantations to the King on preceding petition. That by reason the Earl of Carlisle is not ready to depart for his government of Jamaica, His Majesty would immediately grant petitioner his letters to Lord Vaughan, directing him not only to release petitioner from prison, but to permit him quietly to enjoy the right of His Majesty's patent without molestation. Draft and fair copy. Two papers. [Col. Papers, Vol. XLI., Nos. 65, 66.]
Sept. 11. 410. Order of the King in Council. Approving preceding report, and directing Secretary Coventry to prepare for His Majesty's signature the letter therein recommended to Governor Lord Vaughan. [Col. Entry Bk., Vol. XXIX., pp. 138, 139.]
411. Twenty Acts in Jamaica (9th April and 6th September) 1677. The first an Act for the celebration of the 10th May (1655, "the conquest of this His Majesty's island by the English forces,") is ordered by the Lords of Trade and Plantations to be abolished. 44 pp. [Col. Papers, Vol. XLI. No. 67, and Col. Entry Bk., Vol. CV., pp. 115–119.]
Sept. 11, 12.
412. Journal of Lords of Trade and Plantations. Secretary Coventry acquaints their Lordships that Lord Carlisle is hastening by the King's order to Jamaica, and Lord Culpepper to Virginia, to take upon them their respective governments, and delivers a book of new laws made at St. Jago de la Vega, 9th April last, but before further progress be made in their examination, ordered that a letter be written to Mr. Attorney-General, in whose hands the old laws remain, that he give his attendance if his health permit, or send them to their Lordships. Debate concerning the manner and circumstances of enacting laws in Jamaica. Thought fit that no Assembly be called thenceforward without His Majesty's special directions, that no law be consented unto by the Governor until it be first approved by the King, and that no Assembly be called at the pleasure of the Governor but upon emergency, first to acquaint His Majesty by letter with the necessity of calling an Assembly.
Sept. 12 to
Nov. 10.
Secretary Sir Henry Coventry reads letter from Lord Vaughan of 26th June last (see ante, No. 313) transmitting Acts already made, and mentions others which will be ready next session. Their Lordships enter upon reading and taking said laws into consideration. After several meetings, extending to 10th November following, their Lordships, upon the whole matter, agree to report to His Majesty that these laws be sent over to Jamaica in the form and method proposed to be there received by the Assembly, and that for the future all laws be made in Jamaica as the laws of Ireland in the manner prescribed by Poyning's laws. Ordered that a copy of the Minutes taken upon reading the foregoing laws be sent to Sir William Jones, Attorney-General, with their Lordships desire that he frame accordingly a body of laws which they will offer for His Majesty's approbation (see No. 423). [Col. Entry Bks., Vol. CV., pp. 110–127, and pp. 149–151; also Vol. XXIX., pp. 143–153 and p. 157.]
Sept. 14.
413. Governor Sir Jonathan Atkins to [the Clerk of the Council]. Encloses the Acts of Assembly passed since his arrival which will be delivered to him by Robert Chaplin, and desires him to present them to the Lords of Trade and Plantations. Annexed,
413. i. Titles of the (22) Laws enacted at Barbadoes from 14th January 1675 to 11th July 1677. [Col. Entry Bk., Vol. VI., p. 91 and pp. 200–202.]
Sept. 21.
414. Order of the King in Council. That the six ministers going to the Leeward Islands be allowed 20l. each to defray the expenses of their transportation, and the Lord Treasurer is to pay 120l. to the Bishop of London for their use without account, clear of any fees, for which an additioned 6l. is allowed. [Col. Entry Bk., Vol. XLVI., pp. 251, 252.]
[Sept 21.] 415. Petition of Richard Payne to the King. That petitioner, as Deputy to Sir Ernestus Byron, Bart., Escheator-General for the Caribbee Islands, seized the estates of James Defield, an alien Frenchman, John Downell, and Anne, his sister, who died without heirs, and Francis Adgate, who hanged himself, but Colonel Henry Walrond pretending a right by purchase to Defield's estate, procured the imprisonment of petitioner by Samuel Farmer, Judge of Common Pleas in Barbadoes, where he remained upwards of three years. Prays that said Farmer may be sent for home to answer his contempt to His Majesty, or be ordered to give security to answer what the law shall adjudge here to petitioner. "Read in Council, 21 Sept. 1677." [Col. Papers, Vol. XLI., No. 68.)
Sept. 28.
416. The King to Lord Vaughan, Governor of Jamaica.
Right trusty, &c. Besides the discouragement you put upon our trusty and welbeloved Thomas Martin, Esq., Receiver of the duties and impositions payable unto us within our island of Jamaica, by requiring too great a security from him, whereof we take notice in our letter to you of July the 14th last past, we are again informed by the humble petition of the said Thomas Martin that he is not only obstructed by you our Governor there in the execution of the said office, but that he is also cast into prison, and kept there without bail or mainprize, praying us that he may be relieved from those hardships which he now lyes under. We having considered the premises cannot but declare ourselves very much displeased with the manner of the proceding of the Assembly at Jamaica in fining and imprisoning the said Thomas Martin, and with you also in permitting them to do so towards an officer so qualified by our great seal. We do therefore require that he be forthwith discharged of his imprisonment, and also of the fine imposed on him by the said Assembly, of which Our command all Our officers and ministers there whom it may concern are to take notice and yield obedience thereunto; and from you we expect a further account touching the extraordinary proceeding of this whole affair. And so we bid you farewell, &c. Countersigned by Secretary Coventry.
[Col. Entry Bk., Vol., CX., p. 116.]
Sept. 29.
417. The King to Sir Jonathan Atkins, Governor of Barbadoes. Complaint has been made to His Majesty by petition of Richard Payne, Escheator of Barbadoes, that according to the duty of his office he caused a jury to be summoned to inquire into the estate of James Defield, an alien, John Donnell (sic), and Anne, his sister, dying without heirs, and Francis Adgate, that hanged himself, whose estates are escheated to the Crown, by virtue of several offices thereupon found, and several negro slaves of said Defield, were seized to the King's use, but that this Payne's diligence in His Majesty's service hath met with very severe usage from Samuel Farmer, Judge of the Common Pleas of St. Michael's, who caused petitioner to be closely imprisoned on account of Colonel Henry Walrond pretending a right to Defield's estate, as in said petition herewith sent is more at large expressed. If the matter be as alleged His Majesty cannot but think it a huge piece of injustice, besides the invasion of his right and contempt of his authority. But that His Majesty may be better informed, has thought fit to require Governor Atkins to examine petitioner's complaint, and with all speed report to the King in Council, as vell how he finds the same in its several particulars, as also how the law of Barbadoes stands in petitioner's case, that when His Majesty hath considered same, he may give further order therein agreeable to Justice. [Col. Entry Bk., Vol. CX., p. 117.]
Sept. 30.
418. The conditions of the Dutch for the encouragement of the planting of Tobago. "From Sir Jonathan Atkins, 20 Dec. 1677." 2 pp. [Col. Papers, Vol. XLI., No. 69.]