America and West Indies: January 1678

Pages 198-215

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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January 1678

Jan. 2.
Plautation Office.
557. William Blathwayt to Colonel Moryson. His report and narrative concerning Gardner and Drummond have been received. Though Drummond's guilt be very great, it has been the sense of the Lords of Trade and Plantations that the case of the poor widow and her children is very deplorable, and a fit object of His Majesty's compassion. Draft with corrections. [Col. Papers, Vol. XLII., No. 1.]
Jan. ? 558. Minutes of the Lords of Trade and Plantations in reference to the petition and case of Captain Thomas Gardner. He took Bacon prisoner, who prosecuted him for this injury and loss of his sloop. Gardner was imprisoned, and gave bond for payment of 70l. to Bacon. Bacon is attainted, and the bond and rest of his estate forfeit to the King. Gardner petitions for reimbursement. To move His Majesty as to the payment of 100l. as a reward to Gardner. [Col. Papers, Vol XLII., No. 2.]
Jan. 2/12.
559. Governor Sir Jonathan Atkins to Lords of Trade and Plantations. Refers to his last letter of 28th November (see ante, No. 498). When the French fleet left our coast they sailed directly for Tobago; the Dutch were very much dismayed, having neither men nor provisions. The French put 1,000 men ashore, who entrenched themselves upon a hill near the fort, commanded by Monsieur Blinart, now General, in the place of De Baas, and the third shot from a mortar piece fell into a house where Admiral De Binkes was, and most of the officers within the fort, and where their ammunition was, which blew up and killed De Binkes, who deserved a better fate for his behaviour in the former engagement, with him the officers and 250 men were slain. This put them into such a consternation that they surrendered at discretion, and the French carried to Martinique five or six hundred prisoners. They have demolished the fort, burnt all houses, and carried all the people and ordnance with them, and so have quit the island, with which we here are not much displeased. Believes he shall hear next the French have taken Surinam, a place in no condition to resist. Cannot tell whether they will attempt Curacao, but conceives they have more considerable designs in America. Is informed that the buccaneers, as they are called, are preparing a fleet of 18 sail, and expect a fleet from France to join them. Passports received from Count D'Estrées by the Commanders of two Dutch men of war riding in this road giving leave to the 600 prisoners to be transported in those two ships to their own country. Encloses the transactions of their late Sessions of Gaol Delivery; there were many criminals in prison. The woman that killed her husband was burnt according to the law. Proofs against the fellow that poisoned his master were very slender, and, as the chief proof was a boy not above eleven years old, reprieved the prisoner, "and more particularly because here wanted a hangman, which is hard to get here, and he now supplies that office." Has reprieved Charles Grimlin for killing his maid servant at the earnest importunity of most of the Ministers and very many gentlemen of the island. For clippers of money the jury stuck at two things, whether the Acts of Elizabeth, and later Acts made before any settlement here, could be extended to these islands, and also whether foreign coin current here by His Majesty's proclamation shall be refused within the Act. 3 pp. Encloses,
559. i. An abstract of the whole business heard and determined before His Majesty's Commissioners of Oyer and Terminer and General Gaol Delivery for Barbadoes in November and December 1677. With names of those present, viz., Members of the Council, Judges of the Common Pleas, Justices of the Peace, Coroners, Counsel, Marshals and Juries of the grand inquest and of life and death. Total, 43 cases. 11 pp. Endorsed, Rec. 24 Feb. 1678. [Col. Papers, Vol. XLII., Nos. 3, 3 I., and Col. Entry Bk. Vol. VI., pp. 219–223.]
Jan. 3. 560. Representation of the late Commissioners of Virginia to the Lords of Trade and Plantations. That the several Petitions herewith given in according to promise when in Virginia to the poor Petitioners may be read and considered and reported on to His Majesty—that so they may receive such redress as their respective cases require, and be mentioned in a general letter to Virginia or otherwise as may seem most expedient. "The petitions are in two small bundles delivered in by Sa. Wiseman." See next Abstract. 1 p. [Col Papers, Vol. XLII., No. 4.]
Jan. ? 561. "Personal grievances of divers inhabitants within His Majesty's Colony of Virginia, proved before us, His Majesty's Commissioners by oath, all which we do herewith (according to their desires) most humbly present, in their own words, as we received the same, and do give this short abstract as followeth:" Then follow the abstracts of the several petitions, with, in parallel columns, the Commissioners observations and opinion. Names of Petitioners, viz.: Alexander Walker, Henry Jenkins, Otho Thorp, Thomas Grendon, Thomas and William Dudley, John Page, William Hunt, Nicodemus Prynne, Thomas Palmer, Sandes Knowles, William Howard, John Deane, John Williams, Thomas Bobby, Nicholas Loope, John Johnson, James Barrow, William Hoare, Edward Lloyd, Thomas Glover, Andrew Godean, William Rowland, Thomas Lushington, Richard Clarke, and George Seaton. Most of the Petitions above-named will be found calendared under their respective dates in March, April, and May 1677. [Col. Entry Bk., Vol. LXXXI., pp. 337–352.]
Jan. 562. Petition of Samuel Wiseman to Lords of Trade and Plantations. That he went to Virginia with His Majesty's late Commissioners, and has constantly attended His Majesty's service there and at home, up to their dismission, as clerk to that Commission. Has written three reams of paper besides three large books of their proceedings, one for each Commissioner and only received 100l. towards all his expenses. Prays for some further allowance for his services. "Read, 26 Jan. 1678." Col. Entry Book, Vol. LXXXI. is almost all of it in the handuriting of Wiseman and is probably one of the "three large books" he refers to, and a great many papers in the Colonial Correspondence are also in his handwriting. Annexed,
562. i. Certificate signed by Sir John Berry and Colonel Frances Moryson, late Commissioners for Virginia. In favour of and relation to the services of Samuel Wiseman, clerk to the late Commission, who behaved himself with great honesty and unwearied industry. 1678, Jan. 3.
562. ii. Colonel Moryson to William Blathwayt ? In favor of Samuel Wiseman an able clerk to the Commissioners for Virginia, wherein he carried himself most industriously and honestly without looking at all to his own benefit but wholly to His Majesty's service. Persuaded him to undertake the voyage to Virginia upon Sir Joseph Williamson's assurance that this employment should be but an earnest to a better; he had only a poor 100l. to set him out and provide for his family he left behind him, so that he cannot have sixpence. Thinks a man so qualified might easily get into some way of living, especially at these times when there will be use of honest men and good scribes. The Lord Chancellor told the writer His Majesty must use Wiseman's services in setting the laws of Virginia, beseeches his advocacy with the Lords of Trade and Plantations that there may be a compensation settled for Petitioner's pains and charge. Together three papers. [Col. Papers, Vol. XLII., Nos. 5, 5 1–11. and Col. Entry Bk., Vol LXXX., pp. 245–248.]
Jan. 8.
563. Governor Stapleton to Lords of Trade and Plantations. Their letter of 10th September (see ante No. 404) came last night. Gratitude for their Lordships extraordinary care and goodness by their ample representations to his Majesty on all the public and private grievances he offered, and for their character of him. Designs next week to visit all the islands, and then answer their Lordships enquiries. Has re-appointed the Collector of the 4½ per cent. Taking of Tobago by the French Squadron when the Dutch Commander and all his officers were blown up, and the French lost but one man. The French expect more ships and 500 soldiers. 1 p. Mem.—On 13th March this letter and a list of the French ships in the West Indies was received and delivered to the Lord Privy Seal and other Lords and read by them. [Col. Papers, Vol. XLII., No. 6, and Col. Entry Bks., Vol. XLVI., pp. 259–262, and Vol. CV., p. 222.]
Jan. 8.
564. Governor Stapleton to [Secretary Sir Joseph Williamson]. Has received his commands from Whitehall of 30th October 1677, and expresses his gratitude. Has desired Captain William Freeman to give him a list of the officers blown up at Tobago by a shell from the French camp which fell in the magazine where there were 1,500 barrels of powder, they design to destroy Curacao and Porto Rico, if a Dutch squadron which is now in the Indies does not obstruct their proceedings. 1 p. [Col. Papers, Vol XLII., No. 7.]
Jan. 8.
Insula Nevis.
565. Governor Stapleton to William Blathwayt. Has but a short time to acknowledge their Lordships commands and despatches by this ship. Will gladly serve him in his sphere when occasion offers. "Rec. 13 March." [Col. Papers, Vol. XLII., No. 8.]
Jan. 9.
566. Lords of Trade and Plantations to Colonel William Stapleton, Governor of the Leeward Isles. Enclose petition of Dame Joan Hall as a matter arising within the limits of his Government and desire him to make enquiries into the Petitioner's allegations that by his report their Lordships may be enabled to represent to his Majesty what is most fit to be done. Enclose,
566 i. Petition of Dame Joan Hall, widow, the relict and executrix of Colonel Christopher Keynell, late of Antigua, to Lords of Trade and Plantations. See ante No. 468. [Col. Entry Bks., Vol. XLVI., pp. 254–257, and Vol. CV., p. 197.]
Jan. 9.
567. Lords of Trade and Plantations to Governor Stapleton. Directing him to administer the oath to the Deputy Governors under his Government for the due execution of the Acts of Trade and Navigation for which his Majesty has sent him a Commission under the Great Seal. Mem.—A Commission was also sent to several gentlemen of the Leeward Isles to administer the oath to Governor Stapleton. [Col. Entry Bks., Vol. XLVI., pp. 257–258, and Vol. CV., p. 197.]
Jan. 9. 568. Lords of Trade and Plantations to Council of Barbadoes. Send the King's Commission to administer to Governor Sir Jonathan Atkins an oath for the due observance of the Acts of Trade and Navigation pursuant to an order of the Privy Council of 24th October last. [Col. Entry Bk., Vol., VI., pp. 209–210.]
Jan. 12.
569. Journal of Lords of Trade and Plantations. Mr. Attorney General reported the alterations made by him in the laws of Jamaica, which were all approved. Sir Richard Temple and Sir George Downing, Commissioners of Customs, attend in relation to the law for raising a public revenue when their report of 14th December (see ante, No. 521) is read, upon which their Lordships make certain resolutions. Drafts of the Earl of Carlisle's Commission and Instructions considered; to be compared with those to Lord Vaughan.
Jan. 14. Opinions concerning the power of the Earl of Carlisle, as ViceAdmiral of Jamaica, to erect Courts of Admiralty. Clause in his instructions relating thereto. Also in reference to Members of Council suspended by the Government to be incapable, during such suspension, of being admitted into the Assembly. Additional article setting the manner of making laws.
Jan. 15. Draft of instructions to the Earl of Carlisle, delivered by Secretary Coventry on 12th instant, read, and alterations agreed to. The 4th paragraph to run thus, "And to communicate such of your instructions as you shall find convenient to be imparted unto them" [the Council].
Jan. 17. The remaining part of the Earl of Carlisle's instructions taken into consideration, and alterations agreed to; also his Commission, to which additions are made, concerning raising money and mines royal. Mr. Attorney General to be desired to prepare a clause for settling a mint in Jamaica pursuant to the Order in Council, and that a clause to the same effect be put in the instructions, and for the sending over bullion to be coined here for the use of that island.
Feb. 2. Mr. Secretary Coventry sent for the Commission and instructions prepared for the Earl of Carlisle, which were accordingly delivered. [Col. Entry Bk., Vol., CV., pp. 195–204, 216.]
Jan. 13.
570. The King's warrant to Charles, Earl of Carlisle, CaptainGeneral of Jamaica. To cause drums to be beat about the city of London for raising 200 men for His Majesty's service in Jamaica. ¾ p. [Dom. Entry Bk., Chas. II., Vol. XXIX., p. 230.]
Jan. 13.
571. Commission to Charles, Earl of Carlisle, Captain-General and Governor-in-Chief of Jamaica and the territories depending thereon, to be Captain of a company of foot, consisting of 100 men besides officers, to be raised for His Majesty's service in Jamaica. [Dom. Entry Bk., Chas. II., Vol. XXIX., p. 230.]
Jan. 13.
572. A like Commission to Sir Henry Morgan, LieutenantGovernor of Jamaica, to be Captain of a company of 100 men besides officers, Also Commissions to Ralph Fetheronhaugh to be Lieutenant, to Sir Henry Morgan; Elias Markham to be Ensign to the Earl of Carlisle, John Tolderoy to be Lieutenant to the Earl of Carlisle, and Usher Tyrell, gent., to be Ensign to Sir Henry Morgan. [Dom. Entry Bk., Chas. II., Vol. XXIX., p. 235.]
Jan. 13.
573. Commission to Sir Francis Watson, Knight, to be MajorGeneral of the Forces employed and to be employed in Jamaica. Minute only. [Dom. Entry Bk., Chas. II., Vol. XXIX., p. 237.]
Jan. 14.
St. Christopher's.
574. Proclamation of Colonel William Stapleton, Governor of the Leeward Islands. That all passes granted in St. Christopher's to ships entered out for His Majesty's plantations, determine within six months of the date of this Proclamation and passes granted before this date to ships entered out for Europe determine upon their return. [Col. Papers, Vol. XXVIII., No. 69, p. 16.]
Jan. 15. 575. Journal of Lords of Trade and Plantations. Letter of 3rd October last read from the Council and Assembly of Barbadoes (see ante, No. 421), whereupon ordered that Sir Peter Colleton and Colonel Thornburgh, who had petitioned for the pikes, give their attendance when the business of Barbadoes shall be considered. Mem.—This letter was transmitted from Sir Jonathan Atkins by Mr. Stede, Deputy Secretary of Barbadoes.
Draft of instructions to the Earl of Carlisle (for Jamaica) delivered by Secretary Coventry. Resolutions on several articles in reference to communicating his instructions to the Council, that Members of the Council may be made Judges, the manner of making laws, and the oaths of allegiance and supremacy for the Assemblymen, and the laying of customs upon imports or exports to be left out, "the consideration being now ceased for which it was recommended to former Governors."
Mem.—On 16th their Lordships sign a letter to several Members of the Council of Barbadoes transmitting a commission to them for administering to Sir Jonathan Atkins the oath for the due execution of the Acts of Parliament concerning trade and navigation. [In Col. Entry Bk., Vol. VI., pp. 209, 210, this letter will be found, which is there stated to have been signed by their Lordships on 9th January.]
Jan. 17. The remaining part of the Earl of Carlisle's instructions taken into consideration, and also his Commission. Mr. Attorney General to be desired to prepare a clause for settling a mint in Jamaica, and for sending over bullion to be coined there for the use of the island.
Jan. 19. Letter read from Sir Jonathan Atkins, dated 16th September (see ante, No. 403). Upon the first head their Lordships after debate agree to write to Governor Atkins signifying their dislike of this complaint made by him and the Assembly about sending over pikes, inasmuch as Sir Peter Colleton and Colonel Thornburgh concurred that there was a necessity for them, and their Lordships cannot but report to the King that the 1,500 pikes be sent, and the country pay for them according to custom. On the second head they agree to report that the Assembly may be their own chapmen for the arms they provide for their own defence. Their Lordships will also acquaint Governor Atkins that Sir Peter Colleton did not voluntarily meddle with the proposal of pikes, but was called in by their Lordships to give his opinion. In relation to the Royal African Company, Governor Atkins is to be admonished that they did never accuse him without great cause for injuries not as yet reformed. On the fourth head ordered that extracts be made of all Governor Atkins' letters and accounts concerning artillery arms and ammunition, so that their Lordships may judge how satisfactory his returns have been. On the fifth article their Lordships will assure Governor Atkins that all due care is had of his papers, and such secrecy used as the nature of them requires. [Col. Entry Bk., Vol. CV., pp. 201–208.]
Jan 16.
576. Grant to Robert Ayleway, of the office of Auditor-General of the Colony of Virginia, during life, with the like fees, profits, and advantages as Edward Diggs or Thomas Stegg, or any other heretofore executing said office hath received or enjoyed. 4 pp. [Col. Papers, Vol. XLII., No. 9.]
Jan. 16/26.
577. Sir William Godolphin to [Captain Ccoke]. Has received His Majesty's new commands about the ship Virgin, and as soon as things appeared with a clearer face "I presented my new Memorial on your behalf to this King." It is remitted to the Council of the Indies. Their defence hitherto has been only certain arts to gain time. Has spoken earnestly to Don Juan of Austria on the business, and will use all diligence to draw from them a positive and plain answer one way or the other. Has received Secretary Coventry's repeated directions in the affair. Annexed,
577. i. The King of Spain's commission to Don Juan Baptista de Santiago, Lieutenant-Governor of the Island of Cuba and City of the Havanna. Commanding him to execute the former commission of the Queen, late Regent of Spain, dated 2nd July 1675, for restoring to Captain Edmund Cooke the value of the ship Virgin and her lading. The original of this commission was offered by the Lord President of the Indies to Lord Ambassador Godolphin in answer to his new instances, but rejected by his Excellency as insufficient and no ways satisfactory, for reasons which he gave at large.
577. ii. The King of Spain's order for satisfaction for the ship Virgin. Madrid 1678, Feb. 15.
577. iii. Order of the King in Council. That Secretary Coventry take care that in the treaty with Spain now under consideration provision be made for the losses sustained by Captain Cooke. Together, four papers. [Col. Papers, Vol. XLII., Nos. 10, 10 i., ii., iii.]
Jan. 18.
578. Order of the King in Council. Approving Report of the Lords of Trade and Plantations of 20th December 1677, on petition of Captain Thomas Gardner, and directing payment of 100l. by Gawen Corbin out of the public stock of Virginia to Petitioner. 3 pp. [Col. Papers, Vol. XLII., No. 11, and Col. Entry Bk., Vol. LXXX., pp. 219–221.]
Jan. 18.
579. Order of the King in Council. Upon a Report of the Lords of Trade and Plantations, dated 11th December 1677, in reference to the Colony of Virginia, and several papers, letters, and narratives, transmitted to Secretary Coventry by Colonel Jeffreys, Sir John Berry, and Colonel Moryson, His Majesty's Commissioners for Virginia, but particularly as to three laws made at Green Spring, 20th February last, viz., of indemnity and free pardon; of attainder; and inflicting pains, penalties, and fines upon great offenders; approving said Report, and directing that said laws and all others made in Virginia, either disagreeable to the powers residing there or derogatory to His Majesty's Proclamation of Pardon, be in due time abrogated and made void; and that all persons, whether tried or not, be rendered capable of the conditions in said Proclamation in relation to His Majesty's pardon and restitution of all confiscations made by Governor Berkeley upon his proceedings contrary thereto. Also that a new Proclamation be immediately issued out confirming the former and restoring the persons who have been confiscated contrary thereunto; that the Government in Virginia countenance prosecutions against such of the rebellious party as possess the goods of honest men; and that laws be prepared for the punishment of those who persisted in abetting said rebellion and contemned the offer of pardon. 7 pp. [Col. Entry Bk., Vol. LXXX., pp. 222–229.]
Jan. 18.
580. Order of the King in Council. On Report of Lords of Trade and Plantations to the King of 18th December 1677, in reference to including the neighbouring Colonies to Virginia in the late Peace and any other treaties for peace with the Indians, approving same, and directing Secretary Coventry to proceed therein according to their Lordships' opinion and advice. [Col. Entry Bk., Vol. LXXX., pp. 243–245.]
[Jan. 18.] 581. Petition of Rowland Simpson to the King and Privy Council. Sets forth the depredation committed by Captain Bernard Lemoine, a French privateer, in seizing 309 hogsheads of sugar on board the Golden Lion, and carrying said ship into France, where, ever since January 1674 petitioner has been endeavouring to obtain satisfaction, and prays that letters of marque or reprizal be forthwith granted to him. "Rec. 18 Jan. Read at the Committee 21 Jan. 1677–8." Annexed,
581. i. Minutes of the Lords Committee of Trade and Plantations. After consideration of the above petition and very long debate it is thought fit to propose to Sir Thomas Exton and Sir Richard Lloyd, Judges of the Admiralty, the question whether Petitioner's goods under the circumstances set forth be subject for letters of reprizal. Two papers. Draft and fair copy. "Read in Council, 8 Feb. 1677–8."
581. ii. The Report of Sir Richard Lloyd and Sir Thomas Exton on the above question of law. That there are just grounds for granting to Simpson letters of reprisal. Doctor's Commons, 1678, 29th January.
581. iii. Petition of Rowland Simpson to the King and Privy Council. Sets forth what has been done on his previous petition, incloses report of the Judges of the Admiralty, and prays that letters of marque or reprisal be forthwith granted to him that so Petitioner and his family may be preserved from ruin. "Read in Council 8 Feb. 1677–8."
581. iv. The Report of the Judges of the Admiralty above referred to. Duplicate of Inclosure No. 581 II. Together, five papers. [Col. Papers, Vol. XLII., Nos. 12, 12 I–IV., and Col. Entry Bk., Vol. CV., pp. 209–210.]
Jan. 19.
St. Christopher's.
582. Governor Stapleton to Lords of Trade and Plantations. Is now going from one island to another to obey what their Lordships require of him. The 57 soldiers are arrived, as he has informed Lord Craven, by whose orders they were shipped, "but my Lords in that condition that never soldiers were sent without arms, ammunition or money to subsist withal not as much as a sword nor the ammunition loaf to a place where there is no magazine or any stores to be purchased." The two companies they have completed have hardly any themselves, arms decay here more than anywhere. Submits to their Lordships serious consideration how dishonourable to the King and nation to send soldiers to garrison where French and Dutch are spectators of such their naked condition. They have given him one of the greatest confusions he ever had. Sent to Tobago to purchase French or Dutch muskets, but the island is deserted of both nations. Captain Haddock, of the Quaker Ketch, brought instead seventy or eighty negroes the Indians were carrying away. The Count d'Estrées expected in the French part of this island, from thence to Porto Rico or Curacao or to both if successful in the first. The 300 malefactors when arrived will be benefactors, as they will increase our numbers. The arms and ammunition, the seal and 500l., for erecting a fort, are wanting. A fort begun. Forts building in the French island under an engineer sent by the King of France. Necessity of a fund being settled for the soldiers' pay. "Rec. 1 April 1678." 1½ pp. [Col. Papers, Vol. XLII., No. 13, and Col. Entry Bk., Vol. XLVI., pp. 262–265.]
Jan. 21.
Office of Ordnance.
583. An account of the ordnance, carriages, shot, powder, and other stores and habiliments of war issued out of His Majesty's stores and shipped on board the Unity of London, Arthur Haire, Commander, to be transported to Nevis and delivered to Governor Stapleton, since the time of his government, which began in 1672. Total, 1,039l. 12s. 2d. "Rec. from the Office of Ordnance, 15 April 1678." 1 p. [Col. Papers, Vol. XLII., No. 14, and Col. Entry Bk., Vol. XLVI., p. 270.]
Jan. 22. 584. Journal of Lords of Trade and Plantations. Governor Atkin's letter of 132/3 May last (see ante, No. 241) considered, and having read answer of Royal African Company (see ante, No. 369), and opinion of the Solicitor-General (see ante, No. 346), that negroes ought to be esteemed goods or commodities forbidden to be exported out of His Majesty's Plantations in other than English shipping, their Lordships will report that this trade with the Spaniards ought not to be permitted, and also upon this pretence the Spaniards may entertain a trade for all other commodities upon the island. [Col. Entry Bk., Vol. CV., p. 211.]
Jan. 22. 585. Minutes of the Council of Barbadoes. Present, Sir Jonathan Atkins, Governor, Henry Drax, Samuel Farmer, Samuel Newton, John Peers, Simon Lambert, and John Stanfast. Ordered that John Witham be sworn a Councillor, and he accordingly took the oath and his place in the Council. [Col. Entry Bk., Vol. XI., p. 297.]
Jan. 22–24. 586. Journal of Assembly of Barbadoes. The House, apprehensive of a war, conclude it of absolute necessity to provide for defence of the island by repairing the forts and erecting new ones furnished with arms and other necessaries. Ordered by Governor, Council, and Assembly, that John Hallett, Treasurer, send for England for 1,000 iron shovels for the fortifications and 500 ammunition swords, the charge to be allowed out of the moiety of the duty on wines and liquors reserved to public use, also 4,000 steel lance heads according to pattern. Ordered, that a Bill be prepared for assessing the labour of hands from the owners of land, and for setting a tax on the towns for repairing the fortifications. The Jews to be rated by the vestries. The Bill entitled an Act for the Supply of Labourers for Repairing Fortifications and Building new passed.
Jan. 24. An Act appointing a committee for settling the public accounts of this island, passed. Also an Act to continue an Act for allowance of a second free entry of the dead productions of this island lost or taken, and relating to the four-and-a-half per cent. Petition of Cornwall Somers granted, and Colonel William Bate, treasurer, to give credit for the duty of three pipes of Madeira, and John Hallett, treasurer, to give petitioner credit for ten pipes. Thomas Larkham, gunner of Charles Fort, William Bragg, gunner of Willoughby's Fort, Henry Cross, gunner of James Fort, and John Hare, gunner of New Battery, to be paid their respective salaries. On petition of Jane, widow of Richard Barnes, killed by a great gun in one of the forts, ordered that Petitioner be paid 3,000 lbs. of muscovado sugar per annum during her widowhood. Petition of Mrs. Dorothy White to be recommended to the Governor and Council to be tender of the privileges of infancy, and not to subject estates of this country to debts further than by law they are subject. Petitions of William Brooking, purser of H.M.S. Constant Warwick, to be allowed 9l., duty on five hogsheads of brandy, and of Captain John Johnson to be allowed duty on thirty tons of beer, sour and unsaleable. Adjourned to 19th February. [Col. Entry Bk., Vol. XIII., pp. 289–294.]
Jan. 23.
587. Order of the King in Council. On enclosed petition of William Stoughton and Peter Bulkeley. That copies of said petition and papers annexed, and also of a petition of Mason and Gorges relating to the government of the Provinces of Maine and New Hampshire, be delivered to the Lords of Trade and Plantations, to consider the matter of both petitions and the true state of that Colony, and report their opinion thereupon. Enclosed,
587. i–ii. Petition of William Stoughton and Peter Bulkeley to the King. Having received a signification of the King's promise of pardon to the Massachusetts Government, and particularly of the offence of coining money without the King's authority, with His Majesty's license for setting up a Mint within said Colony for coining gold and silver with such impress as His Majesty shall think fit to pass current in said Colony only, and the matter between the Company and Mr. Mason and Mr. Gorges being settled by the Lords Chief Justices' Report, that denies Mr. Mason's right of government, but excludes from the bounds of the Massachusetts the four towns of Dover, Portsmouth, Exeter, and Hampton, the inhabitants of which by the annexed petitions have prayed to be continued under the Massachusetts; implore His Majesty to add the grant of these four towns, with the land and royalties, and the liberty of coining there. With the underwritten reference:—"His Majesty hath thought fit that this Petition and the Papers thereunto annexed be brought into the Councell with all convenient speed, to be there considered and such resolution taken thereupon as shall seeme best for His Majesty's service and the good of that his Colony in New England." Signed by H. Coventry. Whitehall, Dec. 16, 1677. Two copies.
587. iii. Petition of the Inhabitants of Dover upon Piscataqua to the King. That through the goodness of God and the favour of His Majesty, "which like the sweet influences of superior or heavenly bodies to the tender plants have cherished us in our weaker beginnings, having been continued through your special grace under your Majesty's protection and government of the Massachusetts, to which we voluntarily subjected ourselves many years ago, yet not without some necessity in part felt for want of government and in part feared upon the account of protection." Are earnest suppliants to be continued under the jurisdiction of the Massachusetts as formerly. Signed by John Evens, William Shuckford, and thirty-seven others. Dover, 1677, Oct. 22.
587. iv. Petition of the Inhabitants of Portsmouth on Piscataqua to the King. "The fear of losing the long enjoyed and still desired benefit of the Massachusetts Government hath occasioned us to adventure to speak unto our Sovereign Lord the King; it may be the words of our Lord the King may be comfortable to us, and He may perform the request of his servants that we may be continued and settled under the same jurisdiction as formerly unto which we at first voluntarily subjected ourselves and have never yet had any cause to repent of our so doing." Signed by Joshua Moody, Tobias Leare, and fifty-four others. Portsmouth in Piscataqua river 1677, Oct. 22.
587. v. Memorial of the Inhabitants of Exeter. Desiring that their names be inserted should an address be sent to the King praying that they may be continued under the Massachusetts Government. Signed by Samuel Dudley, John Gillman, and thirty others.
587. vi. Petition of the Inhabitants of Hampton (co. Norfolk), New England, to the King. "Awed by the Divine aphorism of that wisest of Princes who hath commanded us to fear God and honor the King and not meddle with men given to change," beseech if it may consist with His gracious pleasure and their allegiance and duty that they may be continued under the Government of the Massachusetts. Signed by Seaborne Cotton, Christopher Hussey, and forty-seven others. Hampton, 1677, Oct. 22.
587. vii. Petition of Robert Mason and Ferdinando Gorges to the King. It having been decided that the Massachusetts Government have no authority over the rich and extensive Provinces of New Hampshire and Maine, Petitioners, sensible of the mischief that has befallen those Colonies from a divided Government, offer to surrender to the King their right to government, when it shall please him to establish a General Governor in those parts. Pray that, if it is not the King's pleasure to establish a General Government over all New England, a Governor may be appointed over the two Provinces of New Hampshire and Maine; for the great damage sustained by the usurpation of the Massachusetts, they submit the manner of their reparation to the King's pleasure. Underwritten:—"Read 9 Jan. 1678. Referred to the Comtee. 23rd." Together, eight papers. [Col. Papers, Vol. XLII., Nos. 15, 15 I.–VII.; also Col. Entry Bk., Vol. LX., pp. 239–247.]
Jan. 24.
588. Governor Stapleton to Lords of Trade and Plantations. How the five ministers sent over by the Bishop of London are disposed of. In St. Christopher's, Mr. Davis and Mr. Milward; in Nevis, Mr. Foster: in Montserrat, Mr. Mollineux; in Antigua, Mr. Jones and one Mr. Lambert, "who is none of the six nominated" by the Bishop, the sixth being left behind: if Mr. Grief comes he shall be provided for as well as any. Does not question but that each will have as good as 100l. sterling per annum or 16,000 lbs. of sugar, besides the perquisites of marriages and funeral sermons. "Rec. 1 April 1678." [Col. Papers, Vol. XLII., No. 16, and Col. Entry Bk., Vol. XLVI., pp. 265, 266.]
Jan. 26.
589. Journal of Lords of Trade and Plantations. In reference to a petition of Samuel Wiseman, late Clerk to the Commissioners for Virginia, praying for a reward for his services; also certificate of Sir John Berry and Colonel Moryson in favour of Petitioner for preferment. Agreed to represent Petitioner to His Majesty as a person fit to be employed in His Majesty's service.
Report made by their Lordships on the ship Sherrard of Boston, and letter ordered to be sent to the Judges of the Admiralty. On the ship Sherrard being condemned upon revision in France without other reason given than that she had not touched at an English port since her purchase in Holland, the following points arose:—(1) whether every prince in war has not power to make what laws he please as to the trade and commerce that friends or neuters are to exercise with his enemies; what good to be prohibited, and under what sorts and degrees of penalties even though such goods be not otherwise according to the general law of nations contraband, supposing there is no treaty of commerce between such prince and his allies; (2) what sort of publication is necessary for such prince to make his allies concerning these laws; (3) whether there be any ordinance in France forbidding to purchase foreign ships that can justify the capture and confiscation in this case. The opinions of the Judges of the Admiralty are desired herein. Council Chamber, 1678, Jan. 26. [Col. Entry Bk., Vol. CV., pp. 212–213, 215.]
Jan. 30.
590. Daniel Parke to Secretary Sir Joseph Williamson. Encloses, in obedience to his commands, the best account he can give of Virginia. Enclosed,
590. i. D. Parke to Secretary Williamson. Arrived in Virginia, 25 October 1677, and waited upon the Governor next day, whom he found very sick and weak and very unfit for business, the Assembly was then sitting. The King's letter making void Sir W. Berkeley's Proclamation and assuring his subjects of His Majesty's grace and mercy was concealed for some time by order of the Council, the Secretary and his brother Colonel Philip Ludwell saying it was procured from the King by false information; but has since been published to the great joy of all the burgesses and people except Sir W. Berkeley's party. Evils the country has suffered through the King's letter having been concealed; fears of Berkeley's return and confirming all done by the Assembly at Green Spring. Great poll-tax levied upon the people, very heavy upon the poorer sort. Together 3 pp. [Col. Papers, Vol. XLII., Nos. 17, 17 i.]
Jan. 30.
Derby House.
591. Samuel Pepys to Matthew Lock, Secretary at War. Is commanded by the Duke to ascertain the names of the ships ready to transport 425 soldiers for Virginia. 1 p. [Col. Papers, Vol. XLII., No. 18.)
Jan 31.
592. Governor Sir J. Atkins to Lords of Trade and Plantations. Finds they are not satisfied with all his particulars and that he misunderstood the word Journal "which being given in general terms till I had your Lordship's explained pleasure therein 'tis possible I might." 'Tis the common fate of missions by letters that men are often mistaken in the meaning, which is his misfortune who not being able to receive their Lordship's meaning but by a second discovery nor give them his but by a second address, he sometimes lyes under a fatal misconstruction. If anything has fallen from his pen they approve not, hopes they will charitably interpret 'tis the language of a soldier not of an orator, and that it comes from intentions zealously inclined for the King's service and solidly disposed to give all respect and reverence to their Lordships. Has given them from time to time the best account of all occurrences but did not know they wished to have all acts of Council. There are here five Courts of Judicature besides the Chancery, which consist of a judge and four assistants in each Court, and trial by jury as in England. Explains why, when he sent the laws, he did not send the reasons for making them. Most of the laws are for ordering their slaves and distinguishing their property for therin consists their wealth, therefore have made them all chattels and real estate of no such practise in England, and therefore may be esteemed erroneous. Explains the necessity of doing so. The Act made expressly against Quakers seems severe, but is necessary, there is not a more deceitful people. Explains their designs with the slaves which might have brought in question the ruin of the place for they drew hundreds of negroes to their meetings who, when they had no mind to work, claimed the privilege of going. Ten days ago the French were at Martinique and Grenada. Expects his Majesty's frigate. Endorsed, "Rec. 11 April 1678." 3 pp. [Col. Papers, Vol. XLII., No. 19; also Col. Entry Bk., Vol. VI., pp. 224–228.]
Jan. 31.
St. Christopher's.
593. Minutes of the Council of St. Christopher's. Ordered that 1,000 (lbs.) weight of bullets and 10,000 flints which Captain Joseph Crispe has promised to deliver be put into the magazine at Sandy Point, and that order be drawn on John Vickers, treasurer, for 6,000 lbs. of muscovado sugar for payment of same. The gunner at Sandy Point to render account of the country store to Captain Joseph Crispe, Captain Christopher Jeaffreson, Thomas Soley, and William Colhoun who are ordered to examine Major Roger Elrington's account. [Col. Papers, Vol. XXVIII., No. 69, pp. 16–17.]
Jan. ? 594. Case of Sir Arthur Ingram in reference to a debt due to him from George Needham. Sir Thomas Modyford, and Samuel Barnard at Jamaica, are authorised by Ingram to recover said debt. The interest allowed by law in Jamaica was 15 per cent. now reduced to 10 per cent. Principal 640l., and interest for nine years 576l. Total, 1,216l. 1 p. [Col. Papers, Vol. XLII., No. 20a.]
Jan.-Feb. 595. Deposition of Christopher Martin of Cockington, Devon, mariner, concerning the Newfoundland fishery. That the Masters and Companies of the fishing ships are faulty, and he believes have done co-equal spoil to stages and flakes and boats, as much as the inhabitants and were it not for the inhabitants, men could not be ready to fish by a considerable time so soon as they do, for they now take care to preserve the stages that the ice would in the winter otherwise throw down, and the sea carry away. Advantages of the inhabitants living there. 1678, Jan. 28.
Deposition of Thomas Martin. That in his judgment there is an absolute necessity for settling and encouraging the inhabitants by reason of the potency of the French there or any other enemy. 1678, Jan 29.
Deposition of Nehemiah Troute of Plymouth purser of H.M.S. Swan. That there is a necessity of the inhabitants being continued for the reasons at length stated. 1678, Feb. 1. Endorsed:—"Rec. 6 Feb. 1678." Together 3 papers. 7 pp. [Col. Papers, Vol. XLII., Nos. 20, 21, 22.]