America and West Indies: February 1679

Pages 321-334

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 1679

Feb. 3. 876. Answer of Randall Holden and John Greone to Lords of Trade and Plantations in obedience to their commands of 29th January signified by Mr. Blathwayt. The extent of land in Mounthope is not much, it being a neck of land abutting upon the sea and lying between Rhode Island and Plymouth, containing about 4,000 acres, and at present uninhabited. Conceive the value to be 4,000l., and the propriety to be in the King; that no Corporation in New England has any right thereunto, it having lately belonged to the Sachem Philip and been inhabited by him and his subjects, who were wholly destroyed in the Indian war. Some of the neighbouring colonies would pretend a right by conquest, but conceive none can have a real title thereto but from the King. Signed, Randall Howlden, John Greene. Endorsed, "Read the 6th of Feb. 1678–9." 1 p. [Col. Papers, Vol. XLIII., No. 11, and Col. Entry Bk., Vol. LX., p. 329.]
Feb. 4. 877. The Boston Agents to the Committee for Trade and Plantations, in answer to their Lordships' directions of 15th January on Mr. Mason's petition (ante No. 861). The whole matter having been decided by the Report of the Lord Chief Justice, and confirmed by the King in Council, and all parties being required to acquiesce therein, we have received no further instructions and have nothing in commission from those that are in possession of the said lands to answer on their behalf, their claims being, however, nowise quitted on that account. The northern bounds of Massachusetts are set forth in their charter, which, though they seemed to them to intend a straight line drawn E. and W. from sea to sea, three miles to the N. of the most northerly part of the Merrimack, were retrenched by the abovesaid report, which allowed only three miles to the N. by the side of the Merrimack. For that part of Mr. Mason's claim that falls to the N. of their line the right to the soil is not yet determined between the inhabitants (who have been in possession about 50 years) and Mr. Mason and others who have as good claims as he. Meantime the people of the four small plantations on this tract (which are all that it is capable of, notwithstanding Mr. Mason's large representation of 30 miles), not being sufficient to be put under a separate Government, have petitioned unanimously to be annexed to the Massachusetts. As to what Mr. Mason challengeth within our northern bounds, those lands are in the possession of particular persons who purchased the right of the natives, subdued, planted, and builded upon them at their own charge, conveyed them to one another, and have enjoyed them for 50 years without any forbidding them at the first, or interruption from any one until now. Mr. Mason can only set forth his title on account of a bare grant of late produced from the Council of Plymouth, uncertain in its boundaries, never pursued or executed by livery of seizin made, which cannot be of force to eject the inhabitants, and is a poor foundation to build the title of sole proprietor of New Hampshire upon, a name not pretended to bo in being till six years after the obtaining of the Massachusetts' charter. Signed, William Stoughton, Peter Bulkeley. 2 pp. [Col. Papers, Vol. XLIII., No. 12, and Col. Entry Bk., Vol. LX. p. 332.]
Feb. 5.
878. Governor Leverett to Secretary Williamson. The oath of allegiance has been administered and freely taken throughout the towns in Massachusetts. The Lord's hand bath been stretched forth upon us in great mortality by fevers and the small-pox. Postscript.—Whilst this was writing, intelligence was brought of the death of Colonel Jeffreys, late Governor of Virginia. 1 p. [Col. Papers, Vol. XLIII., No. 13.]
Feb. 5.
879. Instructions to John Harvey, President of the Council of the County of Albemarle in the Province of Carolina. We (the Proprietors) having agreed upon the model of Government to be the fundamental constitutions and form of Government of our Province of Carolina, but being unable to put it fully in practice by reason of the want of Landgraves and Caciques and a sufficient number of people, yet intend to come as nigh it as we can in the present state of affairs:—1 and 2. You are therefore required to issue out writs to the four precincts of the county of Albemarle, for the election of five freeholders who are to be their representatives; to these the five persons chosen by us (to represent for the present the nobility) will be added, and will make up your Assembly. They having chosen their Speaker, will be required by you to elect five persons, which added to five more deputed by us will form your Council. You will govern by the advice and consent of this Council, or a majority thereof according to our fundamental constitutions; and for the present this Council will represent the Grand Council therein mentioned. 3. You will cause all persons so chosen to swear allegiance to the King and to the Government; if any man from religious scruples decline to swear then he shall sign his name in a book provided for the purpose, which signature shall be deemed the same with swearing. Yourself and the five deputies of the respective Proprietors will represent the Palatine Court of the grand model of Government and exercise all its powers. 4. You will with consent of the Council establish as many Courts of Justice as are necessary, till our Grand Model can be put into execution. 5. You shall make, with consent of the Council, such laws as you shall from time to time find necessary, which laws being ratified by you and three out of our five deputies shall be in force as provided in the 12th Article of the Grand Model. You will also as soon as possible cause the Surveyor-General to divide up the country into squares of 12,000 acres, not to alter any man's right, but for the easier enforcement of our Grand Model. 6. We grant to all free persons that come to plant in Carolina before the 25th December 1684, and are above the age of 16 years, 60 acres of land; and for every able manservant with a good firelock, 10 lbs. of powder, and 20 lbs. of bullet, 60 acres; and for every other servant 50 acres. 7. On arrival of such persons you, being satisfied concerning them, shall issue warrants to the Surveyor-General to lay them out a parcel of land according to the rule aforesaid, which being returned by him, and the people having sworn allegiance to King and the Government, you will pass them a grant of land under the seal provided for the purpose in the form following (form here set out in full, rent 1d. per acre per annum, to begin from 29th September 1684). 8. Notwithstanding that 1d. per acre is the rent fixed by our Grand Model, yet those who possess land by virtue of grants from Sir William Berkeley at ¼d. per acre, quit rent, or from ourselves at ½d., shall keep their land at the rent, and on satisfactory proof made to you. you will issue to them grants accordingly; but such owners shall not be allowed the same time for the beginning of the payment of their rent as the others. 9. You will choose a fitting site for the chief town of Albemarle, having regard to health, plenty, and access, and endeavour to get the Parliament to raise wherewithal to build a house for the meeting of the Council and Parliament: the Public Offices and the Courts shall likewise be there. You will also get the Parliament to pass an Act that in no store shall be kept strong drink, or any goods sold by retail save in the said town, and you will cause all vessels that enter the Albemarle River there to load and unload, as provided in our Grand Model. 10. You, the President of the Council, will be Commander-in-Chief of all the forces in the country; and 11, will have power, with the consent of the majority of our deputies to adjourn, prorogue, and dissolve Parliament. 4½ pp. [Col. Entry Bk., Vol. XX., pp. 135–139.]
Feb. 6. 880. The Boston Agents to the Committee for Trade and Plantations. Answer to Mr. Crown's petition. Mounthope not being in Massachusetts, and neither of them having been on the place, cannot certainly inform the quantity thereof, but suppose it may contain not above five or six thousand acres at the most. Cannot acquaint their Lordships with the value of the tract, there being no common rule in New England whereby to set a price upon lands, especially such as are not inhabited or improved by the English. Know in general that the soil of New Plymouth, being mostly poor and barren, this neck of land is accounted one of the best parts thereof, and was never doubted to be within the bounds of that Colony; very probable it is that it will be disposed of to particular persons before any notice of Mr. Crown's petition will arrive there. Pray that the King may be informed that there are no lands lying amongst them that are not clearly contained and fully conveyed in the charters already granted, and that besides the lands now vacant by removal of the Indians they have nothing else to come into their hands towards the defraying of the vast charge of the late war, whereby not only many families, but whole towns were ruined, and the country extremely impoverished and brought into debt. Are confident that, with these great sufferings on the place, the losses of a particular person on other accounts and elsewhere sustained could not stand in competition for the King's favour as to the granting away of such lands. New Plymouth claims these lands by former letters patent, and will be ready to make out her title when required. Signed, William Stoughton, Peter Bulkeley. Endorsed, "Read the 6th Feb. 1678/9." 2 pp. [Col. Papers, Vol. XLIII., No. 14, and Col. Entry Bk., Vol. LX., p. 334.]
6 Feb. 881. Journal of Lords of Trade and Plantations. Edward Randolph's petition read, praying their Lordships to consider his answer concerning the Church of England referred to them by order of 15th January, and to report the necessity of sending an orthodox minister to New England. Their Lordships agree to report that the Bishop of London be directed to appoint forthwith some able minister to go and reside at Boston, and others from time to time, as the country shall be willing to maintain; advise that all persons taking the oath of allegiance and joining themselves to the ministers thus appointed, and having obtained a certificate from the minister and three of the congregation, shall be declared as capable of all freedoms and privileges as any other person, and that penalties imposed on such persons for not attending any other public meetings of divine service be taken off. On reading the petition of John Crown for the grant of Mounthope referred by order of 24th January, report that letters be sent to the four New England colonies requiring them to certify to His Majesty the extent, &c., of Mounthope, His Majesty not having received any intimation of the conquest or disposal of the country.
The first personal grievance of Virginia, proved by oath before His Majesty's late Commissioners, is read. Also letter from said Commissioners to Sir William Berkeley protesting against the illegal seizures made by him. Their Lordships think fit to report the injustice of the seizure of the goods belonging to the petitioner Alexander Walker, and that restitution be made by Berkeley's executors if the same were seized after 16th January 1676–77, or the surrender of West Point, which put an end to the rebellion. Draft of instructions to be delivered to Lord Culpeper, who is to attend on Monday next with his proposals. The latter part of his Lordship's paper, presented 14th December last, is considered in reference to the impost of tobacco, presents for the Indian princes, a mace and sword for Virginia, and furniture for a chapel, furniture for 200 dragoons and 50 horse with tents, an auditor, and writs to be issued in the King's name. On reading Order in Council of 30th October last (No. 821), their Lordships, looking upon this declaration to be seditious and even tending to rebellion, think fit that Lord Culpeper, at his arrival in Virginia, do signify His Majesty's high resentment thereof, and inquire, with the assistance of the Council, who were the authors and abettors of this presumption.
Two letters of 1st July and 11th September read from Lord Carlisle at Jamaica. To be considered whether his Lordship had power to admit Mr. Ball into the Council. As to the adjusting of the logwood trade with the Spaniards, their Lordships think nothing can be done at present, the Spaniards seeming resolved to agree to no accommodation; nevertheless the matter to be made, if possible, a part of the first treaty with Spain, and meanwhile to be neither publicly allowed nor expressly discouraged. 7 pp. [Col. Entry Bk., Vol. CV., pp. 295–302.]
Feb. 6.
882. Order in Council on the Report of Lords of Trade and Plantations. The Lords have taken such informations concerning Mounthope as the Deputies of New England attending His Majesty were able to give, but finding they do not give any positive or concurrent account of the extent, value, and propriety of the said lands, advise that letters be sent to the four colonies requiring them to certify with all speed the true extent, value, and propriety with the grounds of their respective claims, His Majesty having not as yet received the least intimation from any of the said colonies concerning the conquest, claim, or disposal of the said country. Signed, Anglesey, Essex, Craven, Aylesbury, H., London, 6 Feb. 1678/9. Report approved. Ordered, that the matter therein contained be added to a letter now preparing for His Majesty's signature to be sent to New England. 3 pp. [Col. Entry Bk., Vol. LX., pp. 336–338.]
Feb. 7. 883. H. Slingesby to the Lords of Trade and Plantations. In reference to the Earl of Carlisle's desire to erect a mint in Jamaica, would call attention to a report made by the Earl of Southampton to the King and Privy Council on 14th November 1662, and in particular to one clause advocating an uniform standard in weight for the coinage, and deprecating any debasement thereof. Nevertheless, if Lord Carlisle can raise three or four thousand pounds in Jamaica itself, for the expense of buildings and engines, and a thousand pounds at least annually for repairs and for salaries of officers, is most ready to offer his services towards the establishment of a mint according to the standards, rules, and orders of the mint in England. Signed. Endorsed, "Recd and Read 8th Feb. 1678/9." [Col. Papers, Vol. XLIII., No. 15, and Col. Entry Bk., Vol. XXIX., p. 254.]
Feb. 8. 884. Journal of Lords of Trade and Plantations. Mr. Slingesby presents his report on the proposed mint at Jamaica, giving, besides his own opinion that the question is of dangerous consequence, a previous report of 14th November 1662, by the then Lord Treasurer about a mint in Ireland. Ordered, that extracts be made from the Council book of such papers as relate to a mint, to be sent to Lord Carlisle together with the report. 1½ pp. [Col. Entry Bk., Vol. CV., p. 302, 303.]
Feb. 8.
885. The Lords Proprietors of Carolina to the Governor and Council of the Province of Albemarle. We had commissioned Mr. Seth Southell to be your Governor, and did not doubt but by his prudence he would have remedied the disorders among you and established good government, but he being taken by the Turks and carried into Algiers we have appointed Mr. John Harvey to be president of the Council until his arrival. Herewith we send you our instructions (ante No. 879), our temporary laws, and our fundamental institutions; and we look for your utmost endeavours to settle order and quiet among you, and we hope that we shall not be constrained to use force to reduce the seditious to reason. 1 p. [Col. Entry Bk., Vol. XX., p. 140.]
(Feb. 10.) 886. Petition of William Downing, on behalf of the inhabitants of Newfoundland, to Lords of Trade and Plantations. The prohibition to transport any men but those of the ship's company to Newfoundland was brought to the King's notice, as being detrimental to the Colony, as far back as January 1677, and the matter was then referred to their Lordships for regulation. The Colony is at present so naked of defence that it could not oppose any foreign enemy. The King's interest is in danger to be lost, the fishing trade to be discouraged, and the inhabitants to be not only disturbed but supplanted for want of government, a minister, and fortifications. There are several ports so well fortified by nature that a little art would make them inexpugnable. Owing to the embargo imposed by the King on all fishing ships in February 1677, no vessels went last year to Newfoundland to carry the necessary supplies for the inhabitants. Nevertheless, eighteen ships belonging to some western owners did, contrary to the said embargo, go to Newfoundland, where, finding the coast clear, they did great damage by pulling down stages and making havoc of the timber belonging to other shipping, which waste they scandalously impute to the inhabitants. Prays that their report may be expedited and may remedy these grievances. Endorsed, "Read 10 Feb. 1678–9." 1 p. [Col. Papers, Vol. XLIII., No. 16.]
Feb. 10.
Council Chamber.
887. Lords of Trade and Plantations to the King. Report on petition of Elizabeth Dudley, widow of William Dudley, senior, of Middlesex County, Virginia. The late William Dudley took the oath imposed by Nathaniel Bacon, under force, but never did any mischief, and was included in His Majesty's pardon. But before he could obtain the benefit of it the Governor Sir William Berkeley took from him a bill of obligation to pay fifteen hogsheads of tobacco by way of composition for his pardon, which were accordingly seized in March 1677. The story is confirmed by the bill itself produced by the Petitioner, and the case was recommended to the King by the late Commissioners. As the Royal proclamation of pardon was made 20th October 1676, Sir William Berkeley's Act was in derogation of that gracious pardon; and the Lords therefore advise that the tobacco should be restored to the dead man's assigns, that the Petitioner may not be deprived of the full benefit of the Royal pardon on any pretence whatever. Draft. [Col. Papers, Vol. XLIII., No. 17, and Col. Entry Bk., Vol. LXXX., pp. 276–278.]
Feb. 10.
888. Journal of Lords of Trade and Plantations. On Order of Council of 26th July last (which see), on petition of Morris, Pryn, and Consett, that His Majesty grant them double the sum expended by them in extraordinary charges, and cause their names to be lodged in the Admiralty as deserving persons to serve His Majesty. Answer of Sir John Berry and Colonel Moryson concerning the present Council in Virginia read, names of persons to be proposed as fit to serve His Majesty in that trust. As to Colonel Francis Willis and Colonel Jos. Bridger their Lordships will make further inquiry concerning their ability and deserts. Colonel Ballard, Colonel Phil. Ludwell and Colonel Bray to be excluded out of the Council. Major Robert Beverley and Colonel Edward Hill "of evil fame and behaviour" to be put out of all employment and declared unfit to serve His Majesty. Consideration of grievances from several counties; also of petition of Elizabeth Dudley, her tobacco or the value thereof forced from petitioner by Sir William Berkeley for her husband's pardon to be restored to her. Agreed, that all injuries committed since 16th January 1676–77 be redressed; and for those complaints of injuries done by Sir William Berkeley or his order during the rebellion, unto such as continued loyal, their Lordships will take them into consideration as they shall offer, and will recommend the case of William Carver for restitution of his estate unto Lord Culpeper.
Order of Council of 24th January (ante, No. 867) read, respecting the representation of the Commissary of the Dutch West India Company on the piratical seizure of the ship Sun. After examination of evidence, resolved that Lord Carlisle be instructed, on delivery of said evidence, to hand over the bond for the value of the stolen goods to the agent of the Company in Jamaica.
Petition of Réné Petit (see Nos. 918, 919) read, praying that fourscore Protestant families skilled in the manufacture of silks, oils, wines, &c., may be transported to Carolina in two of His Majesty's small ships; and that 2,000l. to be advanced for this undertaking may be reimbursed upon the first moneys accruing to His Majesty's customs by import into England of the commodities of that Plantation. Their Lordships desire the consent of the Lords Proprietors of that province, as far as they are concerned therein before making their report. 5 pp. [Col. Entry Bk., Vol. CV., pp. 304–308.]
Feb. 12.
889. The King to Sir Jonathan Atkins, Governor of Barbadoes. That he forthwith cause Edwyn Stede, Agent for the Royal African Company in Barbadoes, to be sworn one of the Council "of that our island." [Col. Entry Bk., Vol. VI., p. 238.]
Feb. 12. 890. The King to the Governor and Magistrates of Massachusetts. Describes the proceedings about the Narragansett country and the King's province; requires them to take care that all things relating to it be left in the same condition as they have been as to the possession and Government thereof, and that claimants to it send over properly instructed agents to make their right appear, in default whereof the King will take measures for settlement and government. Desires them to certify what right any of the Colonies have to Mounthope, its size, value, &c., in view of the petition put forward by John Crown. Cannot but take notice that no account has been received from them or the other Colonies of the conquest of that county, not doubting but for the future they will be more careful to advertise him or the Privy Council of matters relating to his prerogative and authority. Signed, Sunderland. Note.—The like letter was sent to the other three Colonies, Rhode Island, New Plymouth, and Connecticut. 5 pp. [Col. Entry Bk., Vol. LX., pp. 338–342.]
(Feb. 18.) 891. Petition of John Thornbush of London, Merchant, in behalf of Lieutenant-Colonel Augustine Warner, now resident in Virginia, to the King. Setting forth the seizure in September 1676 by Captain William Bird of Henrico County, of goods from petitioner's house in Abbington Parish to the value of 1,000l., for which he has obtained judgment with costs, and praying that said Captain Bird (being a notorious offender) may be excepted from the Act of Indemnity now obtaining, whereby petitioner may have his course of law against him. With
Reference to the Lords of Trade and Plantations for their Report thereon. Whitehall, 1678–79, February 12. "Read at the Committee 18 Feb. 1678–9." [Col. Papers, Vol. XLIII., No. 18, and Col. Entry Bk., Vol. LXXX., pp. 264, 265.]
(Feb. 18.) 892. Petition of Robert Mason to Lords of Trade and Plantations. Prays that the disclaimer of the Massachusetts Agents to New Hampshire be reported to the King, to move the King to declare the Massachusetts usurpation thereof to be illegal, and to command the inhabitants of the province to receive the petitioner as their true and lawful proprietor. Signed. Subscribed, "Read 18 Feb. 1678." 1 p. [Col. Papers, Vol. XLIII., No. 19.]
Feb. 18.
893. Journal of Lords of Trade and Plantations. Answer of the Massachusetts Agents to Mr. Mason's petition and Mr. Mason's reply read; the parties called in and the papers again read. Their Lordships agree to advise that His Majesty declare void the pretensions of the Massachusetts to lands north of their line or to any between their north bounds and the Naumkeck River, and command the inhabitants of the lands between the Piscataqua and the Merrimack to acknowledge Mr. Mason as their proprietor, unless they can make out any title to the contrary before His Majesty in Council; the inhabitants of the lands between the Naumkeck and the Merrimack not to be disturbed till directions for their making out their titles before the proper judicature in New England.
Several heads of instructions for Lord Culpeper are read and approved; such as relate unto the Church being put off till Thursday next. Agreed, to move His Majesty that some men of war be appointed to cruise off the channel to protect a considerable fleet of homeward bound ships from the Algerines. On reading petition of Colonel Augustine Warner to except Captain Bird, one of the late rebels in Virginia, out of the Act of Indemnity which is preparing, by reason of petitioner having obtained a judgment of 1,000l. against him, it is referred to the Attorney-General. [Col. Entry Bk., Vol. CV., pp. 309–311.]
Feb. 18.
St. Jago de la Vega.
894. Governor Lord Carlisle to Secretary Coventry. We have strange reports of plots and conspiracies in England. I have lost no opportunity of telling you all that passes here, and am much troubled that your despatch of the business of this Island should have been hindered by disorders at home. Your duplicate of 16th November last is the first I have received from you since my arrival, and all, except one from the King of 15th July, A fortnight since five men of His Majesty's Ship Jersey were tried for sodomy, and four found guilty and sentenced to die, whereof I suffered but one to be executed, viz., Francis Dilly, who appeared to be the chief ringleader. The other three I have pardoned, white men being scarce with us. I desire you to move the King herein in the disbandment of the army; all tradesmen coming hither much advance themselves and improve the Island, which advances the King's interest both here and at home. Exposing myself late one evening in the Savanna to the north wind, I took cold, which hath occasioned the gout gently to visit me for some days, but it is going off again. I desire your ordering Mr. Field to take abstracts of my letters, that no concern of this place slip your memory charged with a crowd of important affairs. [Col. Entry Bk., Vol. XXIX., p. 288.]
Feb. 18. 895. Journal of the Assembly of Barbadoes. Put to the vote whether an additional Act for securing the possession of negroes and slaves pass as now read and passed this House 2nd of October last, or with the amendments made by his Excellency and Council. Passed unanimously as it was formerly passed.
Feb. 19. Three Acts to continue the Acts of the Militia, to continue the Acts of the Excise, and for preventing dangers which may happen from Popish recusants, passed unanimously. Adjourned to 18th March. [Col. Entry Bk., Vol. XIII., pp. 335, 336.]
Feb. 19.
896. An Act for the more effectual putting in execution a statute of England intituled "An Act for preventing dangers which may happen from Popish recusants." [Col. Entry Bk., Vol. XV., pp. 103, 104.]
Feb. 19. 897. Warrant of the Lords Proprietors of Carolina. Appointing Robert Holden, Receiver General, Receiver of Rents, and Escheator General of the County of Albemarle in Carolina. Signed, Albamarle, G. Carteret, Shaftsbury, Craven, P. Colleton. 1 p. [Col. Entry Bk., Vol. XX., p. 133.]
(Feb. 19.) 898. Instructions to Robert Holden from the Lords Proprietors of Carolina. You are responsible for wrecks, ambergris, and other "ejections of the sea," as well as rents, and will receive 10 per cent. of all receipts and recoveries for your pay. You are also to explore and obtain intelligence of new nations, countries, mines, and precious stones, and ascertain the number of fighting men of such nations; and you will receive 20 per cent. of any trade discovered by you with any nations, either amongst or beyond the Apeletian Mountains. Signed as the preceding. [Col. Entry Bk., Vol. XX., p. 134.]
Feb. 20. 899. Minutes of the Council of Antigua. Present, Colonel James Vaughan, Governor, and eight of the Council named (ante, No. 871). Having regard to a late precedent of his Excellency in relation to the appointing storekeepers, resolved, that such choice ought to rest only in the Governor of this Island. Also, that for this year all Jury Courts of Common Pleas be held according to the former method in March, May, and June, and next year in April, May, and June, and so to continue annually, allowing all persons free admission for preferring complaints for debt, besides the benefit of two other Courts of Complaints annually in March and July. 1 p. [Col. Papers, Vol. XXV., No. 55*, p. 763.]
Feb. 21.
900. Order of the King in Council on Report of the Lords of Trade and Plantations. On the case of the Golden Sun (see ante, No. 867) we are of opinion that the Governor of Jamaica should be instructed that as soon as the proper evidence shall have been produced by the Agent for the Dutch West India Company in Jamaica, Sir Thomas Modyford, and by Richard Braine, the Judge of the Admiralty Court, the bond entered into by the said Braine for repayment of the proceeds of the sale of the negroes be delivered to Sir Thomas Modyford. Signed, J. Bridgewater, Sunderland, Ailesbury, Craven, Clarendon, H. Coventry. Ordered, that the Earl of Carlisle be instructed to proceed accordingly. [Col. Entry Bk., Vol. XXIX., p. 264.]
Feb. 21.
901. Order of the King in Council on Report of the Lords of Trade and Plantations. Respecting Lord Carlisle's letter of 14th August 1678 (see No. 779). We are of opinion that nothing in the clause of the Militia Bill complained of can be departed from without great prejudice to the Royal authority, and therefore recommend that Lord Carlisle be ordered to insist thereon, as essential to the trust reposed on him. In the matter of the erection of a mint, we have consulted the officers of the Mint, and recommend reference to Lord Southampton's report, &c. (see above, No. 883), and that if Lord Carlisle provide the necessary moneys the Rules and Standards of His Majesty's Mint be taken for Jamaica. Signed, Ailesbury, J. Bridgewater, Clarendon, Craven, Sunderland, Henry Coventry, 8th February. Ordered, on this report, that the particulars relating to the Mint be communicated to Lord Carlisle that he may govern himself accordingly. As for the clause of the Militia Bill His Majesty will consider further thereof. [Col. Papers, Vol., XLIII., No. 20, and Col. Entry Bk., Vol. XXIX., p. 257.]
Feb. 21.
902. Lords of Trade and Plantations to Governor Lord Carlisle. Instructing him to proceed according to Report and Order in Council of same date (ante, No. 900), for restoring to the Dutch West India Company the proceeds of the sale of their negroes piratically seized by Captain James Browne. Signed, Worcester, J. Bridgwater, Sunderland, Craven, Clarendon, Fauconberg, H. Coventry. [Col. Entry Bk., Vol. XXIX., p. 268.]
Feb. 22.
903. Lords of Trade and Plantations to Governor Lord Carlisle. Referring to his letter of 14th August (see ante, No. 779) respecting erection of a mint in Jamaica. Answer in the terms of Mr. Slingesby's letter of 7th February (see ante, No. 883). Signed, J. Bridgewater, Clarendon, Craven, Sunderland, Worcester, Henry Coventry. [Col. Entry Bk., Vol. XXIX., p. 261.]
(Feb. 22). 904. Edward Randolph to the Lords of Trade and Plantations. Proposals for the better establishing the King's authority in New England, that the King's commands of June 1662 sent to the Massachusetts be duly observed; (1) that the number of magistrates be not fower than 18; (2) that all laws repugnant to the laws of England be declared void, and no law for the future be valid till confirmed by the King in Council; (3) that all inhabitants taking the oath of allegiance (as directed in the King's letters of April last) be admitted freemen, and all that refuse the oath be ipso facto made uncapable of voting or acting as freemen; (4) that for present security from foreign or Indian invasion, till the King appoint a General Governor, that Josiah Winslow (late General of the United Forces in the Indian War), be appointed Major-General of the whole plantation, that John Winthrop, Majors Dennison, Savage, Bradford, Treat, Talcot, Shapleigh, Cranston, Phillips, Captains Champernoun, Saltonstall, Holden, Green, Richard Smith and Sandford, be constituted Deputy Lieutenants to settle the Militia and to give out Commissions for the future only in the King's name. Signed. Subscribed, "Read 22 Feb. 1678/9. Referred to Sir Robt. Southwell." 1 p. [Col. Papers, Vol. XLIII., No. 21.]
Feb. 22. 905. Journal of Lords of Trade and Plantations. On the desire of the Lord Treasurer that the Committee would consider a paper of Mr. Randolph's concerning the Customs in New England, Mr. Randolph is called in, and offers another paper containing several points necessary towards the reducing that people to their due obedience, which he prayed might be forthwith considered that he might be the better enabled to pursue his instructions. Their Lordships order the papers to be put into the hands of Sir R. Southwell to consider what points are to be agreed for Mr. Randolph's despatch and what for the General Report. [Col. Entry Bk., Vol. CV., p. 312.]
Feb. 24. 906. Journal of Lords of Trade and Plantations. The Boston Agents, attending by order on an information that they were preparing for their departure to New England contrary to His Majesty's commands, and assuring their Lordships that they had no other intention than to attend His Majesty's orders, are assured on their request to be despatched after so long attendance, that no time would be lost, but that their stay had been occasioned by their not complying with the directions of the Committee on several particulars, which they were ordered to transmit to their principals, as appeared by the minutes of 17th July 1677 and 8th April 1678. The Agents denied that they had received any other orders than such as had already been effectually complied with in their Colony, the law against the keeping of Christmas having been repealed, the Acts of trade enforced, and the oath of allegiance taken. Their Lordships, being unwilling to enter further on this matter, tell the Agents to attend till His Majesty's further order.
Draft of an Act of Indemnity for Virginia being presented to the Committee their Lordships think fit to refer it to Mr. AttorneyGeneral. [Col. Entry Bk., Vol CV., pp. 313, 314.]
Feb. 24.
St. Jago de la Vega.
907. Governor Lord Carlisle to Secretary Coventry. Since the 18th a vessel has arrived from Montserrat, bringing over some 25 persons of a family belonging to Captain Carryl, a planter of considerable condition in that Island. He is now settled here, and complains to me that it was only with difficulty that his wife got off with this part of his family, there being an Act there that no family shall remove from thence owing to the desire of many families to be transported to Jamaica. Surely it was the King's desire that the inhabitants of St. Christopher's should be encouraged to move to Jamaica, and it will greatly improve his interest in this place if people be permitted to leave other islands where they are constantly in apprehension, and live here in security. Pray move the King in the matter that I may know his pleasure. [Col. Entry Bks., Vol. XXIX., p. 290.]
Feb. 26. 908. Lords of Trade and Plantations to [the Attorney-General]. Requesting his report upon a draft of an Act of Indemnity for Virginia, prepared by His Majesty's Order in Council, whether it be agreeable to same and in a legal form, and desiring him to make such alterations as he shall find necessary. Draft. [Col. Papers, Vol. XLIII., No. 22.]
Feb. 26. 909. Deposition on oath of Major Robert Bristow, late of Virginia, but now of London, merchant. That upon delivery up of West's Point the rebels laid down their arms and dispersed themselves; that Sir William Berkeley and his party then came ashore and went to Green Spring, and afterwards caused several persons' estates to be seized, including a parcel of tobacco belonging to Alexander Walker of Virginia. [Col. Papers, Vol. XLIII., No. 23.]
Feb. 910. Memorandum that the Committee for Trade and Plantations, having received the opinion of Mr. Attorney-General, agree on a proviso to be inserted in the Act of Oblivion, whereby all judgments given until the 24th of April 1679 for spoils committed during the rebellion are to remain in force; which Act His Majesty was pleased to approve in Council. [Col. Entry Bk., Vol. LXXX., p. 265.]
Feb. 27. 911. Mem.—Upon reading an Act received from Sir Jonathan Atkins on 12th January 1678 for His Majesty's confirmation, enabling Thomas [sic, Benjamin] Middleton, of Barbadoes, to sell his estate for payment of debts, their Lordships ordered a letter to be sent to Mr. Attorney-General.
Sir Robert Southwell to Mr. Attorney-General. That said Thomas Middleton died seised of a considerable estate, but clogged with great debts, so that his son and heir, Benjamin Middleton, was disabled from selling any part of said estate. Wherefore it was found reasonable to pass an Act to enable the son to sell so much as might discharge the incumbrances, which Act has been sent over for His Majesty's confirmation. Their Lordships desire him to see if anything in point of form be incongruous or fit to be objected against. With Mem.—"I have perused the said Act and have nothing to object against the same." 1 p. [Col. Papers, Vol. XLIII., No. 24, and Col. Entry Bk., Vol. VI., pp. 253–255.]
Feb. 912. Memorandum of the Lords of Trade and Plantations. As the Lords have been diverted by the multiplicity of affairs in Parliament and prosecution of the Plot, from offering such regulations as may be thought fit for bringing the Massachusetts to a due acknowledgment of their duty and dependence on His Majesty, and as the two Agents here pretend that they are not instructed to anything besides Mr. Mason's complaints, and that their domestic affairs very much press their return, it is offered that the Boston Government be ordered to send over two other Agents fully instructed to answer the misdemeanours imputed to them, and to attend the King's farther commands in the affairs now depending relating to that Colony. And as liberty of conscience has been the pretence for settling and maintaining that plantation, it is suggested that all penalties imposed for not resorting to the congregation of the churches, and submitting to that ecclesiastical Government be taken off; that the free exercise of religion established in England be permitted and countenanced; that there be no other distinction in making freemen than that they be of competent estates (viz., rateable at 10s. according to their law), and that all such be made capable of the magistracy; that all military commissions and public proceedings run in the King's name; that as the province of Maine has been secretly conveyed from the true proprietor and disposed of to particular persons within that Colony without the King's participation or consent, the Massachusetts be ordered to send an account by their agents how the propriety and government of that province doth stand at present; that a Committee be appointed to settle Mr. Mason's pretensions; that New Hamphire, remaining without any lawful government, certain of the chief inhabitants, according to the Commissioner's Settlement in 1665, be commissionated and appointed as His Majesty's Counsel, to take care of the government until further order; that the King's pleasure in all these things be signified in a letter to be carried over by the Agents that are here; that no person be admitted to any office in the Colony without first taking the oath of allegiance. Draft. Endorsed, "Present E. of Sunderland, E. of Essex, V. Fauconberg, V. Halifax, Mr. Sec. Conventry." 3 pp. [Col. Papers, Vol. XLIII., No. 25.]