America and West Indies: May 1680, 17-31

Pages 524-543

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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May 1680, 17–31

May 17. 1355. Lords Proprietors of Carolina to the Governor and Council of Ashley River. We desire you again to take notice that Oyster Point is the place that we appoint for the port town to be called Charles-town, and to take care that all ships that enter the Ashley and Cooper rivers do load and unload there. Each of the Lords Proprietors is to have five acres reserved within the said town for the town lot, which you shall cause to be run out to such as shall send to demand it in such places as their agents require. And you will leave as much land in one piece in other convenient places for the Lords that do not send to demand it, taking care always for the regularity and straightness of your street as directed in our last. And since the taking up of town lots by persons who do not build thereon may be a means to binder others who would presently build, thereby delaying the building of the town, you are to pass the grant of every man under the decree of a Proprietor, with a proviso that the foundation of his house shall be laid in less than one year and a house erected before the expiration of two years; otherwise it shall be lawful for any other to take the said land and build thereon. And if any person having already erected one house on his town lot desires to build more, we are content that he shall have more lots, provided he will erect a house of at least thirty feet long and sixteen feet broad and two stories high, besides garrets, in each lot within twelve months after taking up the lot. Mr. Beresford having given us assurance that he will in three years' time have over forty able persons upon his plantation, we have granted him a manor of 3,000 acres of land, for which you will pass him a grant when he desires it. We are informed that there are many whales upon the coast of Carolina, which fish is reserved to us by our fundamental constitution. We have notwithstanding thought fit (for the benefit of Carolina) to give all inhabitants of our province free leave for seven years from Michaelmas next to take what whales they can and convert them to their own use. And this concession you are to make public that any who will may take the benefit of it. That more than ordinary care may be taken to do justice to the Indians, we have appointed by our Commission a particular judicature for that purpose; you will publish this and yield obedience thereto. We have also granted 3,000 acres of land to Mr. Christopher Smith in the same terms as we have granted them to Mr. Beresford; but note that if the persons to whom we have made these grants fail to bring in the hands within the time that they have promised "you are at liberty to grant to other persons so much of the said land, taking it proportionally fronting to the river as after the rate of 70 acres per person they shall have failed to bring of the number promised." Signed, Albemarle, Berkeley, P. Colleton, Craven, Shaftesbury. [Col. Entry Bk., Vol. XX., pp. 147–149.]
May 17. 1356. Commission from the Lords Proprietors of Carolina to Colonel Joseph West, one of the Landgraves of Carolina (or to the Governor for the time being), Andrew Perceval, Maurice Mathewes, William Fuller, John Smith, Jonathan Fitz, and John Boone, appointing them or any three of them to take cognisance of an determine any disputes between Indians and Englishmen. Signed and sealed by the five proprietors named in the preceding abstract. [Col. Entry Bk., Vol. XX., pp. 149, 150.]
[May 17.] 1357. Instructions to the Commissioners aforesaid. (1) To meet and sit once in two months on a fixed day at Charlestown; and if there be any occasion the Governor and three of the Commissioners may summon the rest to sit elsewhere between the fixed days. (2) To take care that no Indians that are friendly and that live within 200 miles of the territory be made slaves or sent out of the country without special orders. (3) To examine all quarrels likely to produce misunderstanding between the Proprietors and the Indians and report to the Grand Council the best means of reconciliation. If the Grand Council will not act, they are to report to the Proprietors. (4) To regulate all trade difficulties between Christians and Indians, but not to meddle with any orders given or to be given concerning the trade with the Vestos or other remote tribes. Their powers are to redress injuries done to Indians, not to involve the Proprietors in war. (5) To represent to the Governor and Council any case where an Indian is deserving of reward; and if anything be defective in this matter that concerns the Proprietors' interest to report the same to the Proprietors. (6) To keep a book of their proceedings, orders, &c., also the petitions, grievances, &c., of Indians, the latter to be attested by the Commissioners. This journal to be kept by the Secretary of the Province and a copy therefore sent home every year. (7) To publish their Commission. (8) All embassies from Indians about peace or war to go to the Governor and Council, all leagues and treaties being left to the Governor and Council, and grievances only left to the Commissioners. Signed as the foregoing. [Col. Entry Bk., Vol. XX., pp. 150–152.]
May 18.
1358. Governor Sir William Stapleton to Lords of Trade and Plantations. Your orders of the 23rd January and despatches for the other Islands reached me on the 8th instant; also the order for 1,500l., which is not enough to complete the building of the faces and flanks of a good fort. There is one point in connection with the seizure of the English ship by the French on which you may wish to be satisfied. By the sentence of the French Judge the seizure was made on pretence that the goods were brought to St. Christophers by a Dutch ship from St. Eustatius. I protest before God that there is no such thing really as goods brought by a Dutch ship to English St. Christophers—to the best of my knowledge and as far as any negative can be sworn to. The partial Judge Dupas never wanted a pretence for biassed judgments, and so I told the French General when I met him. But if there were any such thing as goods brought by a Dutch ship to St. Christophers, where is his reason or jurisdiction for condemning an English ship for it? The truth is that after the trial, but not before nor during it, there was a Dutch ship at St. Eustatius, which might have traded there in defiance of me, I having no fort built nor guns mounted there. Hearing that she was there, I ordered the Captain of the ketch (copy of order enclosed) to seize her; but the bird was flown, and I thereupon dismissed the then Commander and appointed one Captain Peter Batterie Commander in that place. "It were to be wished that St. Eustatius, Saba, and Anguilla were as much under water as above it, so the people were off."
In accordance with your orders of 14th November (which took twelve weeks in its passage) I have sent an express to these Islands to learn their past and present condition. It is impossible to restore them to the state in which they were when taken by me; for St. Eustatius was subsequently retaken by Mynheere Bynckes and Everson, who plundered their own nation and the few of ours that were there. After they were gone for Virginia and New York, some poor people left there for their poverty and a few others who had come there since the peace, applied to me for protection, and in the King's name I did protect them from the French. The only expense on this account was 16,000 lbs. of sugar, which at our prices current is 100l. sterling, and fifty muskets out of the King's stores. I await your decision whether this should be charged against the States-General or His Majesty, only remarking, if it be urged that the money was spent in preparing defence against the Dutch, that they themselves pillaged the Island, while I never took the value of a sixpence from it. I beg to be pardoned if I do not answer your questions fully in this letter; this is rather an acknowledgment than a report, which I have not yet had time to prepare. Saba is in a better condition than when taken; it matters not much how soon it is restored to the Dutch. Pending receipt of the King's orders for restitution I shall endeavour to persuade as many as I can to go to St. Christophers or Antigua, or any other of these four Islands that they may prefer, but they are such a mixed brood that they are more prone to stay than come off. If you will search the records of the old Committee of Plantations you will find the former and present condition of the two Islands as well described as in any letter that I could send. My care must now be to prevent their trading, which I judge to be the design of the States or the Proprietors, the Dutch having now no sugar colony in these parts since the Indians have confined them to their Surinam fort. They will lose that unless reinforced, part of the succour having, as I am told, been captured by the Algerines. I must beg you to procure me the payment of my arrears in Sir Tobias Bridge's regiment. I am at more contingent charges than any Governor, owing to the dispersion of my Government and its intermixture with French Islands. Saba was taken by English privateers 5th August 1665; retaken by John Sympson, Governor of St. Martin's; taken from them in the last war by my Commission on 4th July 1672. St. Eustatius was taken 23rd July 1665 by the privateers; retaken from the Dutch by my Commission on 4th July 1672 as above. Both Islands are very insignificant for any settlement. Holograph. 2 pp. Endorsed, Read 21 July 1680. [Col. Papers, Vol. XLIV., No. 59, and Col. Entry Bk., Vol. XLVI., pp. 426–429. Annexed,
1358, i. Order to Captain James Aire, of the Deptford ketch, to seize a Dutch vessel reported to be at anchor in St. Eustatius Roads. Dated 29th November 1680. [Col. Entry Bk., Vol. XLVI., p. 429.]
May 18.
1359. Governor Sir William Stapleton to Mr. Secretary Coventry. I received by Captain Crispe your letter respecting the negotiations that are to be set on foot in France for the Treaty of Neutrality, for which and for all your care my hearty thanks. It is no small shame to the French General that the Treaty is not confirmed, for he pretended to me that his power was absolute. Both he and Count d'Estre'es believed mine to be deficient, whereupon, at the supplication of the inhabitants, I consented, much against my will, to give supernumerarry hostages. I suppose they hold for a maxim in that Court an answer given once by Cardinal Mazarin in my own hearing to an officer who alleged a promise made to him, "Le roy n'est pas esclave de sa parolle." It was during that King's minority at Fontainebleau. Pray recommend the affairs of these Islands to Lord Sunderland or to any others that may be concerned, Holograph. 1 p. Endorsed, Recd. 27 July 1680. [Col. Papers, Vol. XLIV., No. 60, and Col. Entry Bk., Vol. XLVI., pp. 429, 430.]
May 18.
1360. Governor Bradstreet to the Committee of Trade and Plantations. Encloses answers to inquiries. Desires His Majesty and their Lordships to be fully informed of the state and condition of the Colony, as, he understands, there have been several misinformations, as, for instance, that they have no right to land and government, that they protected the regicides, which is manifestly untrue, and that they violate the Trade and Navigation Acts, whereby His Majesty is damaged to the extent of 100,000l. yearly. But, on the strictest inquiry from merchants, it is found that there has never been 5,000l. irregularly traded, and then the damage is inconsiderable, as for what they carry hence they pay full custom at the place from whence they first bring them. Has helped Mr. Randolph as much as he could, who has been very active; does not hear that he has met with any forfeits there to bring to trial; he has complained of affront and discouragement, which would have been severely punished had the persons been known; the people here show him little respect, as they look upon him as one that has sought the ruin of the Colony by incensing His Majesty and their Honours against it. Signed, Simon Bradstreet. Endorsed, Recd. 29th June 1680. 1 p. With seal. Enclosure,
1360. i. Answers from Massachusetts to the 27 inquiries of the Committee for Trade and Plantations, concerning government, population, trade, &c. Have no standing forces, but in each of their 40 towns a foot company of listed soldiers, trained six times a year; in Boston there are eight, in Salem two companies; have also six or seven troops of horse. No privateers or pirates frequent their coasts; perhaps once in seven or ten years a prize may be brought to the harbour; two years since Captain Bernard Lamoyne, a Frenchman, brought a Dutch prize taken on the coast of Cuba. The strength of their neighbours is not great; the greatest strength of the Indians since the war being the Maquees 200 miles to the west towards Canada; have little commerce with the French at Canada, who are reported to be 4,000 or 5,000 men; they at Nova Scotia are few and weak. Their bounds are by land 40 or 50 miles, by sea not more than eight or ten leagues; not one acre of ten or twenty in many places improvable. Chief trading towns, Boston, Charlestown, and Salem, a little trade for country people at Newbury and Ipswich; houses in the country generally of timber, many with strong palisadoes; since the last great fire in Boston it is ordered that all houses should be built of brick or stone, which will yet hardly be attained by reason of the inhabitants' poverty. The country is divided into about 40 divisions; in Boston there are three large churches, with four ministers, in the other towns generally one minister, sometimes two. Have few manufactures vendible in foreign parts; the linen and woollen cloth, shoes, hats, &c., made there are chiefly used in the country; their staple commodities are fish, peltry, horses, provisions, cider, boards, timber, pipestaves; fish formerly more beneficial for trade with the plantations in America than now, wherewith their merchants produced sugar, rum, indigo, cotton-wool; tobacco which they transport usually in their own vessels to England; some pipe-staves and fish sent to Madeira for wine. There is good timber, tar, pitch, and iron made in the country, though of no great quantity; hemp and flax grow well, but labour is so dear that it cannot be made a commodity to send to other parts; their rigging is sent from England much cheaper than it can be made there. The country in general is very poor, and it is hard for the people to clothe themselves and families, but they make a good shift for victuals owing to the free allotting of lands at their first coming thither. Near 20 English merchants there, and as many more trading thither, no foreign merchants. Very few English, Scots, Irish, or foreigners have come to plant there for seven years; they rather go to Carolina and places less inhabited, all their lands near the sea-coast being appropriated, while to subdue the upper country is more difficult, and must be done by degrees by the settled inhabitants. No company of blacks has been brought there for fifty years from the beginning of the plantation, but one small vessel arrived two years since after 20 months' voyage from Madagascar with 40 or 50 negroes, mostly women or children, who sold for 10l., 15l., 20l., which stood the merchants in near 40l. apiece one with another. Now and then two or three negroes are brought from Barbadoes and other English plantations and sold for about 20l. apiece, so that there may be in their government about 120, and it may be as many Scots bought and sold for servants in the time of the war with Scotland, and most now married and living there, and about half so many Irish. Not above five or six blacks born in a year, none baptised; about 400 or 500 whites born one year and another, most baptised except those who do not desire it. About 200 or 300 marriages a year; generally there are more born than die, except at the Indian war, when 700 or 800 died in war and no less from small-pox. There are two or three merchants worth 18,000l. apiece; he is counted a rich man in the country who is worth 1,000l. or 1,500l.; it must be a very great stock of cattle that will amount to 500l. There are about 100 or 120 ships of all kinds trading there, their own or English build; six or eight English ships come in a year. The obstructions to trade are the swamping of markets with English goods, the Algiers men-of-war infesting the seas, the French at Nova Scotia and the Governor of New York interrupting their fishing, and the paying double customs for sugar, indigo, cotton-wool, first at the places where they are laden and again in England. The greatest encouragements to their trade would be the confirmation of their privileges and making them a free port. No duties on exports, 1d. a lb. on imports, 1s. 8d. a head poll-tax, and a small rate on wines imported and retailed, amounting in all to 1,500l. a year, which is all the revenue they have. Their religion in doctrine is the same with the reformed churches, in discipline congregational, except about 80 or 100 Anabaptists, generally of the meaner sort, and near half so many Quakers, whom they account not among the number of Christians. The instruction of the people is by public preaching and lectures, catechising the youth, &c. In Boston ministers are maintained by a voluntary weekly contribution, in the rest of the towns by a yearly assessment of the inhabitants, to which they freely assent, the several courts taking care that all ministers have comfortable maintenance. Have no beggars and few idle vagabonds, except now and then some few Quakers from Rhode Island; all towns are required to provide for their poor and impotent. Endorsed, Recd. 28th June 1680. 5 pp. [Col. Papers, Vol. XLIV., No. 61, and Col. Entry Bk., Vol. LXI., pp. 40–55.]
May 20.
Port Royal.
1361. The Council of Jamaica to Lords of Trade and Plantations. On reading your Lordships' letter of 14th January we must express our satisfaction for His Majesty's care in all the methods of government appointed for this Colony, and, in requiring frequent reports of all transactions and of our opinions for the improvement of the Island. Our transactions and debates in Council have been inconsiderable since the dissolution of the Assembly. We have met but three times—for swearing in the new Chief Justice, for the regulation of cask, and for adding a supplemental clause to the Revenue Act. As to what passed during the sitting of the Assembly, Lord Carlisle has doubtless acquainted you, the said Assembly allowing us (according to this new model, wherein the word Council is omitted from the enacting part) so small a share in the legislative authority that they would never vouchsafe us debate or conference on any point in difference, thereby rendering us only a useless part of the Government, to be bound and concluded by all they shall do or say as our representatives under their title of General Assembly of the Island.
As to our trade, nothing can further it more than a firm and uninterrupted preservation of the peace made with the Spaniard in these parts. Though instructed by the King to this end, the Governor can do little from want of ships to reduce the privateers, and of plain laws to punish them. Could this peace but be well kept, a good and neighbouring correspondence would follow, and a private trade connived at by the Spanish Governors and officers both on the Main and in the Islands adjacent to the great expense of our English manufactures, and the general benefit of the nation, as well as of this Island and the shipping trading unto it (sic). For the vast duties paid in Spain on our English goods, and the great advance upon them made by the Spaniards (with all the charges of transporting them here to the West Indies), will by this more direct conveyance come to be divided between His Majesty's subjects, and be an inducement to afford them here to the Spaniards on much easier terms than can be brought from Spain, and an encouragement to the Spaniards not only to admit us to a private trade in their outports and creeks, but also to come to us and bring us money and goods wherewith to purchase our English commodities. We cannot give better proof of this than the trade that at present is, and of late hath been, driven with them by divers people from hence, notwithstanding the detestable depredations of some of our nation (who pass for inhabitants of Jamaica) under colour of French commissions. How much greater would their confidence be in us could these "ravenous vermin" be destroyed. His Majesty to this very end keeps a fourth-rate frigate or two constantly about this Island, but with no better success than to drive the privateers into distant and secure creeks and holes to commit their robberies on canoes, sloops, and barks where no fourth-rate frigate can follow them, as they have done in the bays of Nova Hispania and Honduras, and in the gulf of Matica. Despairing of any countenance or protection here, the privateers resort for protection to the French, thereby strengthening them and weakening us, and they never want specious protests for irreconcilable hostility to the Spaniards in the horrid butcheries of divers of their fellow subjects, who have unhappily fallen into their power. The number of the privateers is also increased hereby, for any sailors that escape these cruelties forget their duty to God and man, and give themselves wholly up to implacable revenge, having no hope of redress here or in Europe.
For the preservation of peace, therefore, it is absolutely necessary that the Spanish Governors and officers in the West Indies do their duty, for all the acts of our privateers are disowned by us and every endeavour made to bring the offenders to justice, whereas the acts of the Spaniards are encouraged and owned by authority. We humbly suggest, as the surest way of putting down these incorrigible robbers, the ratification of an Act, formerly transmitted by us, declaring it felony, without benefit of clergy, for any of the King's subjects in the West Indies, to serve any foreign prince against any other foreign prince at amity with England without a licence from the Governor. And for the better enforcement of the Act we suggest the appointment of a couple of sixth-rate frigates or "yatches" Whic can follow them into shoal water, with a fifth-rate frigate to support them, with orders to demand and take from them all English subjects in their service. They are now grown to such a height of strength and desperation that a smaller force will not suffice for the first year. They have one ship of 28 guns, one of 24, one of 12, one of 8 (besides sloops and barks), all extraordinarily well manned, and much better armed than any of our European shipping. The biggest of them was the prize taken by one Peter Harris from the Dutch, in chase of which His Majesty's ship Success was unfortunately lost.
Lastly, as your Lordships require our opinions as to what is best for the improvement of the Island, we would represent to you the discouragement given to planting by the diversity of sentiment and opinion respecting the new model of Government, which we hope, by your Lordships' prudence and Lord Carlisle's mediation, may be in some measure removed. We humbly offer it to your better judgments (as taught by experience what is best for the King's service), that the same trust may be lodged in the present Governor as in his predcessors for framing and passing of laws. If anything should pass us by error or mistake it may be soon and easily remedied as soon as the King shall declare the determination of that Act. Signed, Hen. Morgan, F. Watson, Rob. Byndloss, Charles Whitfeld, Tho. Ballard, Tho. Freeman, John Webb, Hder. Moleworth, Wm. Ivy. "Subscribed at the Council board in my presence at Port Royal, 21st May 1680." Signed, Carlisle. Countersigned, Rowland Powell. "Read, 10 Sept." 4½ pp. [Col. Papers, Vol. XLIV., No. 62, and Col. Entry Bk., Vol. XXIX., pp. 405–412.]
May 21.
1362. Governor Sir Jonathan Atkins to Lords of Trade and Plantations. My last was of 1st April, wherein I answered as many as were possible in the time of your questions of 26th June 1679. Your letters come so confusedly to me that it is impossible to answer them in order, for by reason of cross-winds the letters of August, November, and January came to my hands not long before April, and the alarm of Algerine pirates joined to the former misfortune of cross winds makes their voyages long. Some were fourteen, some seventeen weeks on the voyage. The backwardness of the sugar crop this year has caused some ships to wait here six months for freight, very little sugar being yet ready for them, and the dread of the Turks makes most of them resolve to go round byIreland and Scotland, which will make their voyages longer than ever. I am forced to mention this since I find your Lordships much inclined to believe that when returns come not according to expectation the fact is imputable to negligence or disobedience, for which there is no reason on my part. In further answer to your letter of 16th January 1679–80, it is true that when I found out my mistake in passing the Act for the 4½ per cent. I did ingeniously confess my error, since your Lordships thought it such, though I gave you the reasons which induced me to it, and which might have prevailed with a wiser man than myself, considering that I could not convince myself that any harm would accrue to the King from it. I hope your Lordships will be more favourable than to draw the conclusion that because I made that one mistake I am therefore always in fault, for my sole endeavour is to satisfy you. It is true also that I assented to some temporary laws, according to the occasion whereby they were enforced and in pursuance of the constant practice of the Island, such as the impost on liquors. The taxes raised by the country for repair of existing works and construction of new, for providing ordnance and arms for defence of the Island, and for payment of gunners and matrosses and for many other charges, all of which determine and cease when the occasion for such extraordinary provision passes away, have been a very great charge to Barbadoes. The taxes once imposed, the Barbadians order the collecting and disposing of the money. I never concerned myself with any of the public moneys, nor touched them. I gave my orders as to repairs, new works, arms and other matters of military defence, and they appoint their own Treasurer and Receiver and Commissioners to see the work done. In my Commission it is laid down that the laws to which I am to assent should be made as near as may be to the laws of England. I found that many of the laws of England were temporary, some till next session of Parliament, some for a longer time; and as it has always been the practice here to make laws according to the necessity of their duration, I esteemed it no crime to follow those examples. Your Lordships are pleased to say in the same letter that you are well informed that divers Assemblies have met since the 2nd October 1678, and that many Acts were since passed which have not been transmitted to you. The Acts now sent will show that you were mistaken. You acknowledge receipt of the Acts to that time, which must needs be within the time limited, since it is not four years since my assumption of the Government to the time when I sent them, and from the day of their despatch to the day when they came to you must needs be a competent time. Neither, again, were the Acts made at the same time, but at different times according to the different adjournments, which are sometimes for two months, sometimes for three. When the Legislature does sit, it seldom sits more than a day, and when Acts are sent up from the Assembly to the Council they sometimes lie under consideration for a month or two, or are returned with amendments which delays their passing still longer. I have often repeated to your Lordships that by express law of the country the Assembly can sit no more than a year, and that a new one must then be summoned as occasion requires, so that from the time noticed by your Lordships there was a cessation; and although there was an Assembly at that time in being, yet few Acts were passed, as the dates of those now transmitted will show. The Assembly passed three other Acts as well as those sent, but the Council conceived them to encroach on the Royal prerogative and laid them by. By one of them they undertook to erect a new Court of Chancery and to appoint fees and orders for the same, imposing intolerable penalties upon the offenders that should take or proceed by any other orders than those expressed in the Act, and concluding with the binding proviso that it should not be in the power of anyone to pardon or remit these penalties. All these matters were well enough settled already, and the Council utterly rejected the bill. The Council also rejected another Act, for Habeas Corpus, as unnecessary, unfit, and impracticable. I know of no one that has been imprisoned except condemned criminals since I came here, but one Mr. Smith, shop keeper in the town, who, having behaved himself very rudely and reproached one of the Council sitting in Court, was by order of the Council committed to the Marshal, and after a short imprisonment discharged. The third Act referred to is one concerning the Jews. The King by several Letters Patent grants denizenation to most part and indeed to all the considerable part of that nation here, amounting to 28 or 30 persons. The Assembly would deprive them of the benefit of His Majesty's grant, as the severe Act presented by them will show. These three Acts were most of the work done by that Assembly, which the Council, finding the King's prerogative so much concerned therein, thought not fit to offer to me to pass. The present Assembly, which was not summoned until some months after, was called to provide money to finish the fortifications, a very necessary work. The Acts passed since their sessions, and all others that I know of, I have sent to you according to your late orders. I submit it to your Lordships to consider whether those are Acts fit to be passed or not, and shall proceed according to your resolutions. As to the next paragraph in your letter, I think I told you in my last that the churches, thanks to my Lord of London, are well supplied with orthodox ministers, who receive a competent maintenance from the country, so that they do not regret their voyage. I also gave you full particulars of the militia, of the judges, of the land and the negroes. I have also delivered your letter to the Council, which has been recorded according to your orders, also the letters to the Clerk of the Assembly and to the Secretary.
I have often complained of the great invasion of the rights of the Government by the granting of Patents for all the officers of this Island, but as yet without remedy. Now, however, that your Lordships have called attention to this evil, I doubt not that you will prevail with His Majesty to redress it. It must needs be very prejudicial to a place to have all the offices of trus in the hands of strangers, most of them little accountable, and without exception acting only by a deputy of as little credit as themselves. By my commission I am not prohibited from disposing of any office unless it be such as was formerly granted by Patent, which were only two. The first of these is the Secretaryship, granted to Mr. Morley, whose Deputy is Mr. Stede, a man of ability and fit parts for the post; the other is the Marshalship, vested in Mr. Stede himself, but the profits thereof are so small that it will scarce maintain his deputy with the charge belonging to it. Notwithstanding the King's Patent and a law of the country that all offices of trust shall be disposed of by the Governor, there is not the smallest office, though not worth the expense of obtaining, but is under a Patent. When I came first I confirmed the place of the Clerk of the Market by a patent, as they call it here, under the seal of the country, which according to my Commission is good against the King and his successors. But one Mr. Wyatt obtained a Patent under the Great Seal, and the other gentleman was removed. I was not willing to dispute it, he being very old, and having served the late King and being a great sufferer, as they pretended. But this poor gentleman lived not long, and the next news I hear is that another Patent was granted in the name of one Mr. Thomas Robson, who likewise appointed his deputy. And there the office now remains. The breach thus begun upon the Government, the next Patent was obtained by one Abraham Langford for the Naval Office, which certainly by the Acts of Parliament and of Navigation were never intended to be disposed of by any but the Governors of the Plantations, who are solely accountable for the same, as having power to erect the office and being subject to great penalties for any miscarriage therein. The Governor forfeits 1,000l. and is declared incapable of serving the King, yet still this man is imposed on me, and I have no security from him or his deputy. The next Patent was obtained by one Jones, who having lived some time by play and other courses as idle here, went to England and obtained a Patent for the Post Office, which, indeed, is no office, at least no office established, but only permitted by the Governor for the convenience of those that lived far up country, in order that when ships arrive the letters may be sent there where people can know where to find them. The post is of so small concernment that it was not worth the cost of the Patent, wherefore Jones obtained another for the Registrar's place of the A lmiralty. The two together are not worth enough to maintain a deputy, though he has ordained a deputy to each; but the King has revoked this last by Privy Seal and replaced the man who was turned out. The last Patent was brought me by one Mr. Binkes who is deputy's deputy to two persons whom I never heard of before. Their names as inserted therein are John Benlows and Samuel Winslow. They have obtained a patent for two lives of the place of Examiner and Clerk of the Chancery which I had disposed of before, on the death of the late officer, by a grant under the Seal of the Island, as I had power to do. But these two places would not content them, and they got the Clerk of the Crown's place joined in the same Patent, which, though of little value, would serve to recompense some honest and deserving person. For my part I never did nor ever will make profit out of any office whatsoever, whereby the King's honour may seem to be lessened and his interest converted into disservice, which must needs follow the diminution of the Government's authority, for where there is no dependence, obedience seldom follows. Knowing the power of my commission and having received your Lordships' letter, I have not accepted that Patent and shall not until I receive further orders. I have at last procured a chart of the Island, but I cannot commend it much. It cost the fellow a good sum of money to get it perfected, for he was forced to send it for England, but that it is true in all particulars I cannot assume. There is none that ever undertook it here except himself. He is a Quaker, as your Lordships may perceive by his not mentioning the churches nor expressing the fortifications, of both which they make great scruple. Endorsed, "Recd. 13 August 1680. Read, 17th. Transmitting several Acts and a Map." 6½ closely written pages. [Col. Papers, Vol. XLIV., No. 63, and Col. Entry Bk., Vol. VII., pp. 11–20.]
May 22.
1363. The Governor and Company of Massachusetts to the Earl of Sunderland. At a General Court convened in obedience to His Majesty's letter of 24th July 1679, it was ordered that the number of assistants should be filled up, all military commissions run in His Majesty's name, and all persons coming to any office or trust take the oath of allegiance; all which is practised. All their commissions for the government of New Hampshire have been recalled, the Governor has taken the oath to observe the Trade and Navigation Acts. A considerable number of the members of the General Assembly not being able to attend from the extremity of the season, further consideration of the remaining particulars of His Majesty's letter was deferred till this present court of election, wherein they are now assembled, though prevented from making further answer by the sudden departure of the ship by which this is sent. Know no colour for the complaint of their severity from the people of Maine, the Massachusetts having defended them from utter ruin during the Indian war at the charges of the Massachusetts, amounting to many thousands of pounds. Signed, Simon Bradstreet. 1p. [Col. Papers, Vol. XLIV., No. 64, and Col. Entry Bk., Vol. LXI., pp, 85, 86.]
May 22. 1364. Journal of Assembly of Nevis. The circular letter of the Lords of Trade and Plantations to the Clerk of Assembly, dated 14th January (ante, No. 1263). Proposal by the Governor, touching the continuance of the fort on Pelican's Point, that the Assembly meet on Tuesday to consider of it. [Col. Papers, Vol. XLIV., No. 65.]
May 24. 1365. The Duke of York to Sir Edward Andros. Recent proposals tendered to me about faiming my revenue in New York have given me occasion to make further inquiry thereunto. I have therefore sent out Mr. Lewen to make such inquiry and expect you to give him all possible help. On his arrival I think it well that you should repair hither not only to give us information, but also the better to obviate such matters as might, however undeservedly, leave a blemish on you. You may commit the government to the care of Lieutenant Brockholes. [Col. Entry Bk., Vol. LXX., p. 31b.]
May 24.
St. James
1366. Sir John Werden to Sir Edward Andros. I have received yours of 10th and 15th February, but as it is the Duke's pleasure that you repair hither as soon as you can, I can then better say all that I have to tell you. Meanwhile the Duke approves of the several officers proposed by you consequently on the death of Lieutenant Salisbury. You will see from the Duke's letter and from Mr. Lewen's commission that what we chiefly inquire after is the charge and revenue of your Government, of which we have met with calculations so vastly differing from your accounts that the Duke has sent out Lewen if for no more than to justify you. For the rest and all that relates to your behaviour in your government, whatever the complaints and charges against you, it is best that you should be here, not only to defend yourself but to explain these and other points in your Government as to which I, for my part, can only confess to having loose and scattered notions. [Col. Entry Bk., Vol. LXX., p. 32.]
May 24. 1367. Commission from the Duke of York to John Lewen. To inquire and find out the estate, rents, revenues, and perquisites of his lands in New York and Albany, and to be his agent in America generally. 1¼ pp. [Col. Entry Bk., Vol. LXX., pp. 28, 29.]
May 24. 1368. Instructions to John Lewen in his capacity as Agent to the Duke of York. Fifteen heads. [Col. Entry Bk., Vol. LXX., pp. 28, 31.]
May 25. 1369. Journal of Assembly of Nevis. Nine members present. Address to the Governor, that looking to the inconsiderable sum given by the King towards the building of the fort on Pelican's Point, the work be not resumed as his Excellency had proposed. Ordered, that an answer to the letter of Lords of Trade and Plantations of 14th January be drawn up. Copy of the letter, dated 10th July, acknowledging receipt of the circular, and signed by Thomas Thorne, Clerk of Assembly. [Col. Papers, Vol. XLIV., No. 65.]
May 26. 1370. The Secretary for Jamaica to Lords of Trade and Plantations. Your Lordships' letter of 14th January received. The suddenness of my Lord Carlisle's departure hath prevented my discharging my duty so amply as your Lordships direct, having by his Excellency made as large a return of obedience as the time would enable me. I enclose the muster rolls of all the Horse and Foot in Jamaica, the Surveyor-General's account of land "run out" by him, and present state of Jamaica's Government, both civil and military. I have not received any account of the numbers of whites and blacks, dead and born, from any Custos Rotulorum, except from Sir Henry Morgan and Colonel John Cope, in Port Royal and Guanaboa. Captain Charles Morgan's return of the stores in the forts is enclosed. I have again and again demanded from the Receiver-General a rental of the quit rents, but can get none from him. He alleges that he cannot as yet give a perfect one, which he hath been long and still is endeavouring to effect by searching after document patents, either off the Island in possession of persons not known, or unwilling from some sinister end to produce them, or which have not been enrolled in the office of enrolments. I shall pursue the matter till I get it to a better maturity, and meanwhile have already a rental from the Clerk of the Patents. Your Lordships' queries are before me, but from the pressure on the officers caused by my last demands I cannot answer them categorically yet. Signed, Rowland Powell. Inscribed, Received from E. of Carlisle, 20 Sept. 1680. [Col. Papers, Vol. XLV., No. 1; and Col. Entry Book, Vol. XXIX., pp. 412–414.] Annexed,
1370. i. A List of the several Regiments of Foot and Troops of Horse in Jamaica, with their several quotas:—
Regiment. Number of Companies. Officers and Men.
1. Port Royal Regiment, commanded by Sir Henry Morgan 10 1,101
2. Colonel Freeman's 6 377
3. Colonel Cope's 8 535
4. Colonel Whitfield's 7 661
5. Sir Francis Watson's 5 496
6. Colonel Byndloss's 6 592
7. Colonel Fuller's 7 420
In all 49 4,162
The Troops of Horse are six, with 364 men. Total officers and soldiers, Horse and Foot, 4,526.
1370. ii. Abstract of the Port Royal Regiment under the command of Sir Henry Morgan, Lieutenant-General of Jamaica. "In all eleven hundred and eighty-one men, officers and soldiers, of which there are about a third part belonging to sloops and barks trading about the Island, and therefore inconstant in their appearances."
1370. iii. Nominal Rolls of the Companies in the Regiment of Port Royal, Colonel Sir Henry Morgan, viz.:—
A. Sir Henry Morgan's Company, 4 officers, 76 men.
B. Lieutenant-Colonel Beeston's Company, 3 officers, 90 men.
C. Major Molesworth's Company, 3 officers, 152 men.
D. Captain Bach's Company, 3 officers, 124 men.
E. Captain Charles Morgan's Company, 2 officers, 92 men.
F. Captain Anthony Swimmer's Company, 3 officers, 200 men.
G. Captain Richard Heme's Company, 3 officers, 107 men.
H. Captain Penhallow's Company, 3 officers, 139 men.
J. Captain Hudson's Company, 3 officers, 105 men.
K. Captain Hodgkin's Company, 3 officers, 66 men.
1370. iv. Nominal Rolls of the Companies in Colonel Thomas Freeman's Regiment of Foot, viz.:—
A. Colonel Thomas Freeman's Company, 3 officers, 75 men.
B. Major Edward Stanton's Company, 3 officers, 43 men.
C. Captain Classen's Company, 3 officers, 30 men.
D. Captain Fargar's Company, 3 officers, 55 men.
E. Captain Richardson's Company, 3 officers, 82 men.
F. Lieutenant-Colonel Whitfield's Company, 3 officers, 74 men.
1370. v. Nominal Rolls of the Companies in Colonel John Cope's Regiment of Foot, viz.:—
A. Colonel Cope's Company, 3 officers, 31 men.
B. Lieutenant-Colonel Aylemore's Company, 3 officers, 46 men.
C. Major George Reed's Company, 3 officers, 35 men.
D. Captain Edward Cooke's Company, 3 officers, 91 men.
E. Captain Benjamin Smith's Company, 3 officers, 65 men.
F. Captain Richard Fleminge's Company, 3 officers, 81 men.
G. Captain William Brewer's Company, 3 officers, 71 men.
H. Captain John Moone's Company, 3 officers, 78 men.
1370. vi. Nominal Rolls of the Companies of Colonel Charles Whitfield's Regiment, viz.:—
A. Colonel Whitfield's Company, 3 officers, 68 men.
B. Lieutenant-Colonel Samuel Barry's Company, 3 officers, 79 men.
C. Major Parker's Company, 3 officers, 96 men.
D. Captain Delacree's Company, 3 officers, 83 men.
E. Captain Henry Archbold's Company, 3 officers, 82 men.
F. Captain Francis Scarlett's Company, 3 officers, 120 men.
G. Captain John Parnaby's Company, 3 officers, 112 men.
1370. vii. Nominal Rolls of the Companies in Sir Francis Watson's Regiment, viz.:—
A. Colonel Sir Francis Watson's Company, 3 officers, 102 men.
B. Lieutenant-Colonel William Ivey's Company, 3 officers, 107 men.
C. Major Robert Varney's Company, 2 officers, 99 men.
D. Captain George Fawcett's Company, 3 officers, 69 men.
E. Captain Andrew Knight's Company, 3 officers, 74 men.
1370. viii. Nominal Rolls of His Excellency's Regiment of Foot Guards, commanded by Colonel Robert Byndloss, viz.:—
A. Colonel Byndloss's Company, 3 officers, 81 men.
B. Lieutenant-Colonel Theodore Cary's Company, 3 officers, 117 men.
C. Major George Nedham's Company, 2 officers, 41 men.
D. Captain Edmund Duck's Company, 3 officers, 131 men.
E. Captain Henry Hezey's (? Vesey) Company, 3 officers, 33 men.
F. His Excellency's Company, 3 officers, 171 men.
1370. ix. Nominal Rolls of the Troops of His Excellency's Regiment of Horse, commanded by Colonel Thomas Ballard:—
A. His Excellency's particular Troop of Guards, 3 officers, 79 men.
B. Major Ayscough's Troop, 3 officers, 56 men.
C. Captain Henry Rymes's Troop, 3 officers, 56 men.
D. Captain Richard Brayne's Troop, 3 officers, 42 men.
E. Captain Julius Herring's Troop, 3 officers, 58 men.
F. Captain Thomas Reeves's Troop, 3 officers, 54 men.
The muster rolls of the infantry are in nearly every case made out in files, six men to a file, sometimes alphabetically only, more often according to the actual constitution of the file. In one case a company, evidently commanded by an old-fashioned officer, is mustered in files of ten men. The cavalry muster rolls are drawn up in three parallel columns according to the three divisions in which each troop was organised; the Captain's division to the left of the sheet, the Cornet's in the centre, and the Lieutenant's to the right.
May 26. 1370. x. The Surveyor-General's general abstract of land run out. The total of land granted is 68, 534 acres, of which 17,983¾ acres are surveyed, leaving 50,550¼ acres. The quit rent of the acre land granted that is already surveyed is 36l. 1s. 10d. and of the foot land 28l. 8s., making in all 64l. 9s. 10d, Signed, R. Felgate, Surveyor-General.
May. 1370. xi. Returns showing the number of inhabitants, male and female, black and white, together with the births and deaths since the 18th July 1678.
Inhabitants. Births. Deaths.
White Black White. Black. White. Black.
1370. XI. In the Parish of Port Royal 554 228 37 9 32 9
1370. XII. Port Royal, Middle Precinct 263 171 19 20 25 17
1370. XIII. Port Royal, Western Precinct 806 271 32 4 26 7
1370. XIV.St. John's 199 751 9 11 10 50
[Col Papers, Vol. XLV., Nos. 1, i.–xiv.]
[May ?] 1371. A brief account of the Government of Jamaica, Civil and Military. The Island is divided into fifteen parishes, which make several precincts or countries in which are Courts of Common Pleas and Quarter Sessions established. The Parishes are St. Thomas, St. David's, St. Andrew's, Port Royal, St. Catherine's, St. Thomasin-the-Vale. St. Dorothy's, Clarendon, Vere, St. Elizabeth's, St. James', St. Ann's, St. Mary's, and St. George's.
Parishes. Judges of Court of Common Pieas. Custos Rotulorum. Justices of the Peace.
Precinct (I). St. Thomas.
St. David.
Ralph Whitfield.
Edward Stanton
Clement Richardson.
Thomas Freeman. Ralph Whitfield.
Edward Stanton.
Clement Richardson.
Thomas Byves.
Eleazar Wignall.
Precinct (II). St. Andrew's. Richard Brayne.
William Parker. Edmond Delacree.
Charles Whit-field, J.P. Samuel Barry.
Richard Brayen.
William Parker.
Francis Scarlett.
Edmond Delacre.
John parnaby.
Precinct (III). Port Royal. William Beeston.
Reginald Wilson. Anthony Swimmer.
Sir Henry Morgan, J.P. William Beeston.
John White.
Reginald Wilson.
Reginald Wilson.
Theodore Cary.
Anthony Swimmer.
Richard Herne.
Harbottle Wingfield.
Precinct (IV). St. Catherine's
St. Thomas-in-the-Valc.
St. Dorothy's.
(Supreme Court.) Sir Thomas Modyford, J.P. Robert Byndloss.
Thomas Ballard.
Samuel Long.
John Colebeck.
Samuel Bernard.
Edmond Ducke.
George Nedham.
John Bourden.
Humphrey Freeman.
Rowland Powell.
Fulke Rose.
John Tolderoy.
Precinct (V). Clarendon. Vere. Theodore Cary.
George Fawcelt. Andrew Knight.
Samuel Long, J.P. Robert Varuey.
George Fawcett.
Andrew Knight.
Thomas Sutton.
William Dawkins.
Precinct (VI). St. Elizabeth's. St. James'. Richard Scott.
Jonathan Ashurst. John Barrow.
Thomas Fuller, J.P. Richard Scott.
Jonathan Ashurst.
Samuel Jenks.
John Barrow.
John Vassall.
John Favell.
Jer. Westhorp.
Precinct (VII).
[Each of these parishes has its own Court of Common Pleas, but one Com-missioner of the Peace.]
St. John's Thomas Ayscough. Whitgift Aylemore.
Richard Oldfield.
John Cope, J.P. Thomas Ayscough.
Whitgift Aylemore.
St. Anno's Richard Oldfield.
Richard Hemmings.
William Drax.
Richard Guy.
George Read.
St. George's Whitgift Aylemore.
John Fountain.
Richard Hemings.
William Drax.
St. Mary's Whitgift Aylemore.
William Brewer.
John Fountain.
Edward Cooke.
William Brewer.
The Supreme Court of Judicature is established at St. Jago de la Vega and held every three months.
Chief Justice: Samuel Long (late).
Judges: John Colebeck, Samuel Bernard, Samuel Barry.
Attorney-General: Edmond Ducke.
Registrar: Reginald Wilson.
Provost Marshal: Edward Yeomans.
Judge of the Admiralty: Richard Brayne.
There are in the Island seven regiments of foot and one of horse.
In the Parishes of:—
St. Thomas's
St. David's
Colonel Thomas Freeman's Regiment of Foot (See ante, No. 1370 v. Captain Richardson's Company is here given as Captain Christopher Cope's).
Captain Thomas Reeves' Troop of Horse (see ante, No. 1370 ix).
St. Andrew Colonel Charles' Whitfield's Regiment of Foot.
Captain Richard Brayne's Troop of Horse (see ante, Nos. 1370 vi. and ix.)
Port Royal Sir Henry Morgan's Regiment of Foot (see ante, No. 1370 III. Major Theodore Cary appears here instead of Major Molesworth, Captains Samuel Gerard and Robert Hewet instead of Hudson and Hodgkins).
St. Catherine's
St. Dorothy's
St. Thomas-in the-Vale
His Excellency's Regiment of Foot (Lieutenant-Colonel Colebeck, Major John Bourden, Captains George Nedham, Edmond Ducke, John Vesey).
Lieutenant-Colonel Ballard's Troop of Horse (see ante, Nos. 1370 viii. and ix.).
Clarendon Vere Colonel Anthony Collier's Regiment of Foot (Lieutenant-Colonel Samuel Long, no Major, Captains Robert Varney and George Fawcett, see ante No. 1370 vii., where the regiment appears as Sir Francis Watson's).
Captain Henry Rymes's Troop of Horse.
St. John's
St. Ann's
St. Mary's
St. George's
Colonel John Cope's Regiment of Foot I (given here as of but six companies, Major Richard Oldfield, Captains Reed, Brewer, Cooke, and Moone, see ante, No. 1370 v.).
Major Thomas Ayscough's Troop of Horse.
St. Elizabeth's
St. James's
Colonel Thomas Fuller's Regiment of Foot (Lieutenant-Colonel Richard Scott, Major Samuel Jenks, Captains John Vassall, John Barrow, John Davis. N.B.—This regiment does not appear in the other return).
Captain Julius Herring's Troop of Horse.
Signed, Rowland Powell, Secretary. 4 pp. [Col. Papers, Vol. XLIV., No. 2, and Col. Entry Bk., Vol. XXIX., pp. 434–440.]
May ? 1372. Colonel Francis Moryson to [William Blathwayt?]. I write in favour of the petition of a poor man, the only person saved of all those condemned in Virginia [Robert Jones of Charles City County, see below, his petition]. By my own and Lady Berkeley's means, I have been expecting some general act of grace, hoping to get his name inserted to save his fees; but now Lord Culpeper is going to Virginia, I conceive he will carry an Act of Oblivion with him, which will be as proper at this time for that meridian as it was formerly for England. If it should be omitted, I hear there will always be troubles there. It will be an act of charity to save the life of the poor man. Encloses,
1372. i. Petition of Robert Jones, of Charles City County in Virginia, to the King. Sets forth his loyalty during the time of the unhappy troubles in England and the many wounds he then received; that he was taken prisoner by the said rebels and by them banished and sold into Virginia; that he was seduced into the late rebellion in Virginia, but returned to his obedience to the Government, and served under Colonel Epps, but was afterwards seized by Governor Berkeley's warrant, tried and brought in guilty of treason, and sentenced to death. Prays for pardon and forgiveness for his rebellion free of charge, being very poor, and that his poor estate may not be taken from him. 1 p. [Col. Papers, Vol. XLV., Nos. 3, 3 I.]