America and West Indies: November 1680

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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'America and West Indies: November 1680', in Calendar of State Papers Colonial, America and West Indies: Volume 10, 1677-1680, ed. W Noel Sainsbury, J W Fortescue( London, 1896), British History Online [accessed 14 July 2024].

'America and West Indies: November 1680', in Calendar of State Papers Colonial, America and West Indies: Volume 10, 1677-1680. Edited by W Noel Sainsbury, J W Fortescue( London, 1896), British History Online, accessed July 14, 2024,

"America and West Indies: November 1680". Calendar of State Papers Colonial, America and West Indies: Volume 10, 1677-1680. Ed. W Noel Sainsbury, J W Fortescue(London, 1896), , British History Online. Web. 14 July 2024.

November 1680

Nov. 1. 1566. Journal of Lords of Trade and Plantations. Mr. Penn's petition read, asking that a day may be appointed for preparing the grant to him of the land that he desires in America.
Colonel Long and the other gentlemen of Jamaica attend and are asked whether, in consideration of the King's restoring to them a deliberative voice and appropriating the quit-rents and the rest of the revenue to the Government, they will be prepared to vote the King a perpetual revenue. They answer that they do not believe the Assembly will grant the revenue for longer than seven years, but may grant the Governor's salary perpetual and the rest for seven years. The gentlemen being withdrawn, the Lords agree after debate to instruct the Governor to endeavour to pass the Revenue Bill perpetual, but, failing perpetuity, to pass it for the longest term that he can, not under seven years. The Bill for public Revenue passed under the Great Seal, read, and amended. [Col. Entry Bk., Vol. CVI., pp. 224, 225.]
Nov. 1.
Council Chamber.
1567. [William Blathwayt] to Lord Chief Justice North. The Lords of Trade and Plantations have this day perused an Act transmitted from Jamaica, wherein several clauses contain reference to the laws now made or hereafter to be made in England, and, finding the same to be of great consequence to the Government of Jamaica, have referred the whole Act here enclosed for your Lordship's consideration and opinion, and in particular concerning that part which mentions the Courts of Justice and the laws and statutes of England. Their Lordships therefore desire your presence to-morrow at four o'clock in the afternoon. Draft. 1 p. [Col. Papers, Vol. XLVI., No. 30.]
Nov. 2. 1568. Journal of Lords of Trade and Plantations. Business of Jamaica. The Bills transmitted by Lord Carlisle read. The Militia Bill amended with the consent of the Jamaica gentlemen so as to save the Governor's authority as Commander-in-Chief. The Bills for regulating justice, ministers, and quit-rents also amended. [Col. Entry Bk., Vol. CVI., p. 225–228.]
Nov. 3.
1569. Order of the King in Council, to establish the following economies in Jamaica. The two companies of foot soldiers to be disbanded. The salaries of the Governor, Deputy-Governor, and Lieutenant-General, at present paid out of the English Exchequer, to be retrenched. The allowance of 600l. for maintenance of forts to be discontinued. The grant of escheats, fines, and forfeitures to the Earl of Carlisle to cease. [Col. Entry Bk., Vol. XXIX., p. 441.]
Nov. 3.
1570. Powers given to the Earl of Carlisle for Legislation in Jamaica. To call assemblies after the manner and form now in practice, and for such assemblies to make laws with the advice and consent of the Governor and Council; such laws to be agreeable, so far as may be, with the laws of England, and every one thereof to be transmitted to England within three months. The King reserves the right of disallowing laws and gives the Governor the power of veto. 4 pp. [Col. Entry Bk., Vol. XXIX., pp. 444–447.]
Nov. 3.
1571. Royal Instructions to Lord Carlisle, Governor of Jamaica. You will cause the Assembly to be summoned and the new powers to be announced to them. You will then endeavour to procure the passing of a Revenue Bill in such terms as will make it perpetual, according to the draft herewith delivered to you, and you will permit no material variations to be made from that draft. The better to induce them you will announce that not the revenue only but also the quit-rents shall be devoted to the public service. Other Bills will also be given to you to propose in like manner to your Council. You will send home authentic copies of all laws passed in Jamaica, under pain of our high displeasure, and of forfeiture of a year's salary. You will suffer no public money to be issued but by your warrant, but the Assembly shall be permitted to examine the accounts from time to time. All laws for the future must, unless made for a temporary end, be perpetual, and no law once enacted shall be re-enacted except on very urgent occasions and with our express consent. You shall remit no fines or forfeitures above the value of 10l. without first reporting the matter to the Commissioners of the Treasury, but you may in the meantime suspend payment of the fine. You will assent to no law whereby the revenue may be lessened without our special leave. The style of enacting laws is to be "by Governor, Council, and Assembly," and no other. And since by former laws the parishes of Jamaica have been so bounded as to encroach on the rights of the Admiralty, you are to take care that a clause saving the Admiralty's rights be inserted into such Acts in future. You will assent to no law which exempts Jamaican shipping from the impositions paid by shipping from the rest of our dominions; and you will pass a law for the suppression of privateers. In all other respects our commission and instructions of 1st March 1678 are to hold good. [Col. Entry Bk., Vol. XXIX., pp. 447–453.]
Nov. 3. 1572. Private Instructions to Governor Lord Carlisle. If you cannot secure the passing of a Revenue Act in perpetuity you are to obtain it for as long a term as you can, not less in any case than seven years. The salaries of the Governor, Deputy-Governor, and Major-General are not to be specified in this Act. Among the Acts given to you is one for the establishment of Courts of Justice and another for prevention of law-suits, but you are not to gratify the Assembly by passing these or any Acts like them if they refuse to pass the Public Revenue Bill for at least seven years, and without lessening the revenue. You will in convenient time insinuate these directions to some members of Assembly to the end that they may comply with our just expectations in regard to the revenue. 2 pp. [Col. Entry Bk., Vol. XXIX., pp. 453, 454]
Nov. 8.
Whitehall Plantations General.
1573. Order of the King in Council. That no Governor or Commander-in-Chief of His Majesty's plantations presume henceforward upon any pretence whatsoever to come into England from the places of their respective Governments, without first having obtained leave for so doing from His Majesty in Council; His Majesty hereby declaring that his verbal leave or other permission whatsoever, except such leave in Council, shall not be esteemed a sufficient warrant for the same. And all Governors and Commanders-in-Chief are to conform themselves hereunto upon pain of His Majesty's highest displeasure. [Col. Entry Bk., Vol. XCVII., pp. 82, 83.and Col. Papers Vol. XLVI., No 31]
Nov. 4. 1574. Journal of Lords of Trade and Plantations. Sir John Werden's letter of 16th October (see No. 1544), respecting Mr. Penn's petition read. A draft Patent submitted by Mr. Penn ordered to be shown to Lord Baltimore's agents and the AttorneyGeneral.
The gentlemen of Jamaica and the Royal African Company called in. A letter from the Council of St. Christophers of 12th July, complaining of the Company, read. A paper on the negro trade is also presented by the gentlemen of Jamaica. The Company declares that in Jamaica 60,000l. is already owing them for negroes, and that upon the arrival of the negro ships there will be 50,000l. more. The negroes cost them at first price 5l., and 4l. 15s. the freight, besides the loss of 25 per cent. by the usual mortality, and a charge of 20,000l. a year for maintaining of ports. However, they are ready to enter into security with the King for the satisfaction of the planters to make good their former declarations, if the planters on their part will perform the conditions. The planters still complaining of the excessive price of negroes, and praying that a reasonable rate be fixed, their Lordships order the Company to meet and bring their answer to them, whether they can afford their negroes at Jamaica at 18l. a head. [Col. Entry Bk., Vol. CVI., pp. 228–231.]
[Nov. 4.] 1575. Paper from the Planters of Jamaica to the Lords of Trade and Plantations. The Lords have made great progress in the well settling of Jamaica, and it is therefore hoped that the noting of what is yet wanting will be favourably received. Those wants seem to be—(1.) An assurance to continue under what is now settled. (2.) Discouraging privateers and pirates. (3.) Regulation of the negro trade. 1. As nothing tends more to invite new planters to a colony, and re-assure the old, than good government and the certainty of its continuance, it is hoped that a clause may be inserted in the intended perpetual Revenue Bill to provide that Jamaica shall always be governed under such laws as shall be made through His Majesty's authority and consent of Governor, Council, and Assembly, not repugnant to the law of England. 2. The Commander-in-Chief in the Island should be ordered to recommend to the Assembly the effectual suppression of piracy by punishing not only the pirates but their abettors and comforters and all magistrates not doing their duty. The Island has been so much deserted and weakened of late that it will doubtless find a remedy, but if it be only recommended to the Governor's care it will scarce meet with any effect. If frigates be thought necessary we recommend third-rates, less not being able to take some of the pirates nor follow them into creeks or holes without danger of wreck, pirates having the advantage of being the best coasters and pilots. 3. The inhabitants beg that the foundation of the patent may be kept, which they conceive was that the [Royal African] Company would improve the trade by fully furnishing and at moderate rates. As to quantity, it is supposed that three or four thousand [negroes] would sell, and every year more and more; as to price, 16l. or 17l. a head for lots in which are no refuse negroes, at six months' credit, which rate the Company cannot in reason find fault with, since many affirm that they seldom cost the Company above half that price, and others if permitted would furnish fully at 14l. a head. If the Company objects that the Island has always had more than it could pay for, then it is truly answered that the Company ruin their own chapmen by selling at such rates and taking 20 per cent. the first six months and 15 per cent. after, so that it is hard for the poor planter ever to pay; and it is well for the Company, if ever paid, that the Island is in their debt; and the Islanders are under no great obligation to the Company for biting and devouring them by such unreasonable and unconscionable dealing. The Company also puts the King to great expense for frigates to protect their trade to the ruin of his customs, trade and navigation, seeing that each negro at work in the colonies produces to His Majesty ten shillings (and most say fifteen shillings) per annum custom, or else his master cannot be enabled to pay for him. Governors and captains of ships also are under many difficulties, law-suits, &c., in obeying orders in favour of the Company. Wherefore it is hoped that His Majesty will regulate the negro trade, and instead of giving the Commander-inChief instruction in favour of the Company, will order him not to suffer them out of revenge for discovering their abuses to King kingdom and colonies, to ruin the planters by hasty calling in of their debts seeing that they receive so great interest for forbearance and have hitherto been too hard for other interests. 1½ pp. Unsigned. Inscribed, Read 4 Nov. 1680. [Col. Papers, Vol. XLVI., No. 32, and Col. Entry Bk., Vol. XXIX., pp. 477–479, and Royal African Company, p. 81.]
Nov. 5.
Port Royal.
1576. Minutes of the Council of Jamaica. Present: Sir Henry Morgan, Lieutenant-Governor, and thirteen members. The King's Order in Council of 21st July for the discharge of Francis Mingham from prison was read; and in obedience thereto the said Francis Mingham was sent for by Sir Henry Morgan and discharged. Francis Hanson, counsel to Mingham, averred to the Council that the article in Mingham's printed case alleging a writ of error to be denied him was most false, for no writ of error was to his knowledge demanded. Major Yeoman, Provost-Marshal, made oath that Francis Mingham was arrested in an action upon judgment, and that he received no orders from Sir Henry Morgan as to Mingham's arrest and confinement. The gaol was too weak to allow Mingham the chance of escaping in his own pink. John Starr, clerk to the Provost-Marshal, made oath that Mingham was not charged with Sir Henry Morgan's execution until many days after the fourteen days mentioned in the printed case. Robert Staley, gaoler, swore that he received no order from Sir Henry Morgan as to the confinement of Mingham, and Harry Sound, another gaoler, confirmed it. Francis Mingham owned that he was kindly treated in prison and admitted that it was not true, as stated in the printed case, that he had been charged 16l. to build him a prison. By all of which circumstances and others too tedious for the Lords of Trade and Plantations the Council is well satisfied that Francis Mingham's troubles in Jamaica were due more to his own imprudence and malicious desire for revenge than to any purpose of Sir Henry Morgan to oppress him. Copy, certified by Rowland Powell, Clerk of the Council. [Col. Papers, Vol. XLVI., No. 33.]
Nov. 6.
Port Royal.
1577. The Council of Jamaica to Lords of Trade and Plantations. In obedience to your Lordships' orders to inform you every six months of what we may think for the good of the Colony, we write to inform you that in obedience to the King's Order in Council we have released Francis Mingham from prison. And herein we find occasion to represent with all humility the many great inconveniences that will attend the prosecution of justice in this Island if this case should be drawn into precedent, or if writs of error or habeas corpus out of the King's Bench in England be allowed to remove any debtor in execution from this place thither, as in this case has been practised. For it must needs tend to the defeating of justice here and discouragement of trade (on which things the welfare of the Island depends), especially since it is not difficult at so great a distance to allege very fair and specious pretences which upon proof may appear to be clearly untrue. We therefore beg your Lordships to represent the foregoing to His Majesty in Council. Signed, Rob. Byndloss, Hder. Molesworth, John Webbe, F. Watson, Jo. Cope, Tho. Freeman, Charles Whitfeld, J. Fuller, Tho. Ballard. Inscribed, Recd. 15 Feb. 1680–81. 1½ pp. [Col. Papers, Vol. XLVI., No. 34.]
Nov. 6. 1578. Duplicate of the foregoing. Copy certified by Rowland Powell and inscribed "Recd. 6 Feb. 1680–81." [Col. Papers, Vol. XLVI., No. 35.]
Nov. 6.
St. James'.
1579. Sir John Werden to Sir E. Andros. Gives him notice of the Duke's release of both moieties of New Jersey with all his rights. ½ p. [Col. Entry Bk., Vol. LXX., p. 34.]
Nov. 8.
Council Chamber. Plantations General.
1580. [William Blathwayt] to the Attorney-General. Referring to him the draft of the grant to William Penn for his examination and report. Draft. 1 p. [Col. Papers, Vol. XLVI., No. 36.]
Nov. 8. 1581. Deposition of Sir Charles Modyford, Bart., taken before Sir Francis Watson, a Judge of the Supreme Court of Jamaica. After the arrival of Francis Mingham in the pink Francis, from Jamaica, in the port of London, it was found on his delivering his accounts to his owners that there were several articles charged to their debt upon account of a seizure made of the said pink in Jamaica. Thereupon questions arose whether the seizure was legal or illegal. The majority of the owners, whereof deponent is one, thought it was legal, and therewith declined to be further concerned with Mingham's charges on this account, but out of pity gave him a bill of exchange for 100l. Further, when deponent arrived in Jamaica he moved Sir Henry Morgan on behalf of Mingham, when Sir Henry frankly promised him that if Mingham would pay his costs in the affair and in acknowledgment of the injury he had done him would present his lady with such a coach and horses as deponent might think fit, then he would fully acquit and forgive him of his execution of 2,000l.; which offer was duly made to Francis Mingham and refused. Copy. Certified by Rowland Powell. Inscribed, Read 12 April 1681. [Col. Papers, Vol.XLVI. No. 37.]
[Nov. 8.] 1582. An account of the ships that came to St. Christophers from 30th May 1677 to 20th August 1680. 84 vessels in all with a total burden of 1,738 tons. Annexed are copies of bonds and certificates. Five large sheets in all. Endorsed, Recd. 8 Nov. 1680, per Colonel John Thornburgh. [Col. Papers, Vol. XLVI., No. 38.]
Nov. 11. 1583. Journal of Lords of Trade and Plantations. Sir Benjamin Newland, with several other members of the Royal African Company, and divers merchants and planters of Jamaica, are called in. Both sides having been heard, and the Company having declared itself ready to accept His Majesty's directions for regulating the negro trade, their Lordships agree to advise the King to order as follows:— That the Company send 3,000 merchantable negroes to Jamaica annually (provided that they have good payment of their debts there), and sell them at 18l. a head, the sum to be paid there at six months' forbearance upon good security, which negroes may be sold by lots made from the whole cargo of the merchantable negroes of every ship without any reservation whatever. Also that the Company may be also obliged to send constant supplies of negroes to the other plantations, and take particular care that Montserrat and St. Christophers (from whence came great complaints) be well provided for in future.
Mr. Attorney-General presents the Committee with his observations on the draft of Mr. Penn's patent. [Col. Entry Bk., Vol. CVI., pp. 230–233.]
[Nov. 11.] 1584. "Mr. Attorney-General's observations upon William Penn's grant, which are not agreeable to law here, but are in the Lord Baltimore's Patent. Power to assemble the freemen and make such laws as with their advice he shall think fit, provided they be consonant to reason, and as near as may be agreeable to those of England. To make judges; to pardon crimes [par. ?]. 6. Power to make ordinances on emergencies for preserving the peace and defence of the country without assembling the freeholders. Power to make Corporations, pa. 11, which the King cannot do; par. 12, power for all the inhabitants to import any goods into England or Ireland. 13. Power to make ports. 14. He to have the customs and subsidies in ports. 16. Power to grant to hold of himself "non obstante the statute Quia Emptores. 17. Grant that the K[ing] shall not set or impose any customs, taxes, &c. [In a different hand]: No power to build churches." Scribbled on a scrap of an old letter. Endorsed as above. [Col. Papers, Vol. XLVI., No. 39.]
Nov. 12.
Port Royal.
1585. Sir Henry Morgan to Lords of Trade and Plantations. I have duly discharged Francis Mingham from prison in obedience to your Lordships' letter of 25th July last, though I am persuaded that I could have given you good reasons for keeping him there. However, my duty pleased me more than my advantage in the 2,000l. execution, and I am grateful to you in taking security for his answering the same in England. I now beg leave to present your Lordships with the true state of the case that you may see how your great goodness has been abused both by his original petition and his printed case; nor do I doubt that you will better understand, when you have read the same, how scandalously both I and the government have been slandered, and how much both must suffer unless your Lordships' deep foresight and wisdom obviate so growing an evil. Inscribed, Recd. 9 Feb. 1680. [Col. Papers, Vol. XLVI., No. 40; and Col. Entry Bk. Vol. XXIX., p. 466.]
Nov. 12.
Port Royal.
1586. Sir Henry Morgan to Lord Sunderland. I have omitted no opportunity of writing since Lord Carlisle's departure, though so far I have received no reply from your Lordship. Captain Heywood, of H.M.S. Norwich, arrived here 2nd instant, whereby I am in some difficulty how to behave myself towards the French and Spaniards, for I have no copies of the late treaties. I beg that they may be despatched to me. Twelve days since arrived Mr. John Crocker, merchant, from Spain with a license from the King of Spain to trade with the English, French, and Dutch in America for negroes, and it is confidently reported that we shall shortly have free trade with Spain upon articles in a late treaty. This will speedily make this Island very considerable, for all the current cash that we now have is brought here by private trade with them. There lately arrived here a ketch empty, with only two men on board. Their statement on oath is that they were bound from New England to Guinea, where they loaded with negroes, elephants' teeth, and dust gold, and sailed for Nevis. On their way they called at an island called St. Martin's, under the French Government, to wood and water, and were first invited into the harbour with much friendship, but afterwards suddenly seized and the ship unloaded. The master and his mates stayed there to obtain redress, but consented that these two men should adventure by stealth to this island, and, when I have ascertained the whole story of the master, I shall transmit it to your Lordship. All is quiet here; grateful seasons of rain promise very plentiful crops. 1½ pp. [Col. Papers, Vol. XLVI., No. 41].
Nov. 12.
1587. An account of moneys to remain in stock, containing Mr. Monch's gift, 450l., Hon. Mr. Boyle's gift, 375l., and the remainder general stock at several times transmitted. Let out:—Woodmancy, Wait, and Ingram 100l., "Collidge" stewards 100l., Jos. Whiteing and Jno. Pincheon 100l., Daniel Turill 150l., Major John Pincheon 475l., Edward Rawson 300l, Captain Lawrence Hammon 544l., Sampson Sheafe 100l., Mr. Greenoe 100l., Mr. James Shermon 25l., Brintner and Platts 6l. Remainder of moneys this year sent over to be received by William Stoughton, esq., not yet put out, 230l.; total, 2,230l. Endorsed, An Account of 2,230l. part of the stock for evangelizing Indians in New England. Recd. 25 May 1688 from Mr. Randolph. True copy. Certified by Randolph. [Col. Papers, Vol. XLVI., No. 42.]
Nov. 12. 1588. A humble motion on the part of Jamaica [to the Lords of Trade and Plantations]. 1. That the Chancellor of Jamaica be empowered to cause stop of execution if the creditors in Jamaica, upon the lessening of interest, or the regulating the negro trade, shall violently persecute the planters, yet so as the debtors pay as much as is possible without breaking up his plantation, and that the creditors receive the interest of the country for such forbearance. And if it be thought best to enable the said Chancellor so to do by an Act to be there passed, that the same be of force for but one year. 2. It is worthy of consideration whether a Governor solely ought to have and execute the authority of Chancellor and Ordinary and Admiral and power of pardoning crimes, or whether some of the Council or Judges of the Supreme Court should not be called to his assistance. 3. Also whether some method of appeal from the judgment of the Supreme Court somewhat like the examination of a judgment given here in the King's Bench by the same judges and others of the land in the Exchequer Chamber be not needful to prevent such hardship as Francis Mingham undergoeth, who thought he hath met with speedy justice here, yet his imprisonment will be near two years. 4. Also whether the Supreme Court in Jamaica ought not to have from His Majesty a scale under which the Courts at Westminster. if occasion be, may be certified of any proceedings, and that the Chief Justice keep the same. 5. Also whether that part of the Commission or Instructions, which declares a suspended Councillor incapable of being an Assembly man, as also that part which giveth power of transporting men, seeing it is the leewardmost island, do not deserve a new consideration and amendment. 6. Also, it conducing to the benefit of His Majesty's affairs, as well as the inhabitants, that a true account be given to Court of affairs there, that His Majesty will please to give leave to the inhabitants to raise money to pay their solicitors here. 1 p. Inscribed, Delivered by Colonel Long, Nov. 12, 1680. Read 27 Nov. 1680. [Col. Papers, Vol. XLVI., No. 43.]
Nov. 15.
1589. Governor Sir William Stapleton to Lords of Trade and Plantations. My last of 26th ultimo for want of conveyance goes with this. Nothing new since then except that Count d'Estræes with his whole squadron was at anchor at Guadaloupe bound for St. Christophers, but on receiving news from the Governor of Granada and Grenadilles [Grenadines] that English men-of-war with Spanish commissions had taken some of the French fishing sloops there, he immediately weighed anchor to pursue them, so cannot be at St. Christophers as soon as he intended. It is now doubtful whether he will come there or not, though a fly-boat of 800 tons, with provisions and ammunition, has arrived there for him. They keep us as much upon the watch as if there were war, for considering their yearly preparations we know not how matters may stand, and fear the occurrence any instant of something which for want of precaution may be lamented. While we live we must repair our breaches and continue guards. Anything that I can learn of their designs shall be duly communicated to you. Contrary to my expectation and humble addresses for a vessel of countenance the Deptford ketch arrived here on the 8th instant. It is my duty to be as silent as satisfied with what is sent. Postscript.—Pray note that the report of four English men-of-war with Spanish commissions was a fiction of theirs to conceal the Vice-Admiral's design of sailing to Petit Guavos again. Their object is a secret. Inscribed, Recd. 15 Feb. 1680–81. Holograph. 1 p. [Col. Papers, Vol. XLVI., No. 44, and Col. Entry Bk., Vol. XLVI., pp. 454, 455.]
Nov. 16.
1590. The King to the Governor of Virginia. To direct the naval officer within his government to make due entries and keep particular accounts of all imports and exports, and of the shipping, burthen, guns, and from whence they come, and whither bound, said accounts to be transmitted to Lords of Trade quarterly. Power to appoint fit officers for the same. Copy. [Col. Papers, Vol. XLVI., No. 45, 1p., and Col. Entry Bk., Vol. LXXX., pp. 402, 403.]
Nov. 17.
1591. Order of the King in Council. Upon reading the petition of the owners and freighters of the ship Virgin, captured by the Spaniards in the West Indies in 1673, claiming damages and 2,000l. spent in prosecuting their claim during the past seven years: Ordered, that the matter be referred to the Lords of Trade and Plantations for their report. Signed, Francis Gwyn. Endorsed, Recd. 28 Jan. 1680/81. Read, 12 Feb. 1680/81. [Col. Papers, Vol. XLVI., No. 46.]
[Nov. ?] 1592. "My Lord Chief Justice North's Memorandum on Mr. Penn's Patent." A digest of the Patent, written on halfmargin, with comments on the other half, all fair copied and in the same hand. 2 pp. On a third blank page is scribbled the draft of an additional clause, providing that Penn shall constitute an agent or agents to reside in London who shall be answerable in the courts of law for any offences against the navigation laws, and that in default of payment of damages adjudged against the Colony in a court of law within the space of one year, the Crown shall have power to resume the government of the province until payment be made; but notwithstanding such resumption of the Government, the property to remain always vested in Penn and his heirs. ½ p. The paper is inscribed as above. [Col. Papers, Vol. XLVI., No. 47.]
[Nov. ?] 1593. "Restrictions proposed for Mr. Penn's Patent by my Lord Chief Justice North. The power of making laws to bind property and raise money is in Mr. Penn and the Assembly; the power to make ordinances for government is in Mr. Penn alone, and but to determine when the Assembly meets—as by the draft. There wants a clause to enable the King within years (sic) to repeal the laws and ordinances of either sort and to control the ordinances of Mr. Penn for government." Proposed amendment to the clause relating to the Navigation Acts. ½ p. [Col Papers, Vol. XLVI., No. 48.]
Nov. 18.
Plantations General.
1594. [William Blathwayt] to Sir J. Werden. I laid your report in Mr. Penn's petition before the Lords of Trade and Plantations, and now send you an extract of so much of the Patent which he is soliciting as concerns the boundaries, that you may state your objections thereto, if any, at a meeting to be held next Tuesday. Copy. ½ p. [Col. Papers, Vol. XLVI., No. 49.]
Nov. 18.
Council Chamber.
1595. William Blathwayt to Lord Baltimore's Agents. Your letter of 23rd June (ante, No. 1404) was laid before the Lords of Trade and Plantations. Their Lordships have since passed the draft of the Letters Patent to Mr. Penn, which, Mr. Penn alleges, has been put into your hands. Their Lordships meet on Tuesday next to consider the matter, and unless you have any objection to offer they will take their final resolution thereon. Draft. 1 p. [Col. Papers, Vol. XLVI., No. 50.]
Nov. 18. 1596. Copy of the Bond of Peter Lawrance to James Russel. For the payment of 10l., part of a fine imposed by the Massachusett's Court of Assistants for contempt of authority. Endorsed, Copy of Lawrance's Bond to the Treasurer of the Colony and not to His Majesty for 10l. paid. 1p. [Col. Papers, Vol. XLVI., No. 51.]
Nov. 19.
1597. Order of the King upon the Report of John Chicheley and William Hickman (Commissioners of the Ordnance). His Majesty having verbally referred to them the petition of Captain John Temple, late Commissioner of His Majesty's ship Jersey, for their opinion what compensation was fit to be made to the said Captain for his service in weighing several ordnance and shot lost out of the Jamaica, merchant, and by him left at Jamaica for His Majesty's service, they caused the principal officers of the Ordnance to inspect the matter, who have given their opinions (hereto annexed) that 150l. may be a fitting compensation, and they themselves conceive the same to be reasonable. His Majesty directs that the report with the papers annexed be transmitted and recommended to the Lords Commissioners of the Treasury to give order for paying petitioner the above-mentioned sum. ½ p. [Dom. Entry Bk., Chas. II., Vol. LV., p. 94.]
Nov. 19.
1598. Order of the King in Council to the Admiralty to prepare a frigate to transport Sir Richard Dutton, his lady, children, and goods to Barbadoes, and thence, after a fortnight's stay, bring home Sir Jonathan Atkins. [Col. Papers, Vol. XLVI., No. 52.]
Nov. 20.
St. James's
1599. Sir J. Werden to William Blathwayt. I received your letter of 18th instant (ante, No. 1594) at 2 o'clock to-day. I am first to premise that in cases of this nature it were most proper to take the advice of legal counsel as to the boundaries of a new patent, but remembering the Duke of York's instructions as expressed to you in my letter of 20th October last, I frankly tell you my opinion thereon. I believe descriptions of lines of longitude (especially) and latitude are very uncertain, as also under what meridian the head of Delaware river lies, which I believe has never been surveyed by any careful artist. The Duke's intention is that Mr. Penn's grant be bounded on the east side by Delaware river, and that his south limit be twenty or thirty miles beyond Newcastle, which extent northward of Newcastle we guess may reach as far as the beginning of the 40th degree of latitude. If therefore Mr. Penn's patent be so worded as to leave Newcastle and twenty or thirty miles beyond it free, with the Delaware river for the eastern boundary, I think this is all the caution necessary, for the Duke does not concern himself how far north or west Mr. Penn's patent extends. Holograph. 1¼ pp. [Col. Papers, Vol. XLVI., No. 53.]
Nov. 20. 1600. Major-General Smith to the Twenty Colonels of Virginia. Two letters. (1.) Having been appointed by the King to be MajorGeneral of all the forces in Virginia, it is my duty to inform him annually of the armed force of the country. You will therefore carefully obey the following instructions. (2). You will list all housekeepers and freemen fit to bear arms in your county, and organise them in companies of foot (sixty men besides officers to each company), and troops of horse (forty men besides officers to each troop). You will cause the officers to exercise them, and you will return me at the close of each year a correct list of the men and of their arms. Total strength of the foot 7,268, of the horse 1,300, scarce one-half of them armed, especially of the horse. Ammunition very scarce for an emergency. Copy. 1p.
Nov. 20. Duplicate of above. [Col. Papers, Vol. XLVI., Nos. 54 and 55.]
[Nov. 20.] 1601. Petition of Timothy Biggs to the Lord Treasurer. Has made his escape and come to England to give an account of the rebellious proceedings in Carolina; prays that his case may be considered, and that the rebels be commanded to obedience and the King's dues received.Endorsed, Read, Nov. 20, 1680. [Col. Papers, Vol. XLVI., No. 56.]
Nov. 22.
1602. The Duke of York to Sir E. Andros. Recommends David Hepburn, master of the St. Lucar of Belfast, who wishes to traffic with the inhabitants of New York. ½ p. [Col. Entry Bk., Vol. LXX., p. 34.]
Nov. 23.
St. James'.
1603. Sir J. Werden to William Blathwayt. "Mr. Penn having fallen into discourse with me of his concerns in America since I wrote to you on Saturday, I have told him the substance of what I wrote, and he seems to fear that if his south limits be strictly set at twenty or thirty miles north from Newcastle town, he shall have so little of the river left as very much to prevent the hopes he hath of improving the rest within his patent; but on the other side he is willing that twelve English miles north of Newcastle be his boundary, and believes that distance will fall under the beginning of the 40th degree of latitude. I have already signified to you all that I know of the Duke's mind herein, which is in general to keep some convenient distance from Newcastle northward for a boundary to the Colony; but I confess I do not understand why 'tis precisely necessary to insist on just such a number of miles more or less in a country of which we know so little, ard when all the benefits are intended to the patentee that others enjoy, so as I submit this point to their Lordships' consideration, and do not think it material to add more at present." Holograph. ¾ p. [Col. Papers, Vol. XLVI., No. 57.]
Nov. 25 1604. Journal of Lords of Trade and Plantations. Divers Acts of Barbadoes read. Agreed that the Act appointing an impost on powder be continued and confirmed. [Col. Entry Bk., Vol. CVI., p. 236.]
Nov. 25. 1605. The Clerk of the Assembly of Barbadoes to Lords of Trade and Plantations. Transmits returns of the Assembly's proceedings. No Assembly is now in being, and it is not known when the Governor will appoint an election. Endorsed, Recd. 5th March 1680–81. ½ p. [Col. Papers, Vol. XLVI., No. 58, and Col. Entry Bk., Vol. VII., 55a.]
Nov. 26. 1606. Journal of Lords of Trade and Plantations. The Lords Proprietors of Carolina attend in pursuance of the Order of 19th July; also Thomas Miller, late Collector of Customs in Albemarle county, whose petitions were read in his presence. The joint report of the Proprietors and the Commissioners of Customs (see No. 1343) read, and the answers of the Proprietors to the petitions of Thomas Miller and Timothy Biggs. Divers other papers presented by Mr. Miller and the Proprietors. Upon the whole matter the Lords think fit that the Proprietors and Commissioners agree finally upon the best method for the recovery of arrears and collection of future customs. The Proprietors consent and undertake to hold the Commissioners to establish their anthority in Carolina, and procure compensation for Miller and other injured officers. [Col. Entry Bk., Vol. CVI., pp. 234, 235.]
Nov. 29. 1607. William Blathwayt to Governor Lord Carlisle. Transmitting copy of the paper of the Jamaican planters (ante, No. 1575) for his consideration. [Col. Entry Bk., Vol. XXIX., p. 477.]
Nov. 30. 1608. Edwyn Stede to Lords of Trade and Plantations. Transmitting quarterly accounts from the Council and the Secretary's office. Kept these back for a month in order to carry the proceedings to the close of the then existing Assembly.Endorsed, Recd. 24th January 1680–81. [Col. Papers, Vol. XLVI., No. 59.]