America and West Indies: December 16-31, 1675

Pages 316-327

Calendar of State Papers Colonial, America and West Indies: Volume 9, 1675-1676 and Addenda 1574-1674. Originally published by Her Majesty's Stationery Office, London, 1893.

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December 16–31, 1675

Dec. 16.
743. Minutes of the Committee of Trade and Plantations. Copy presented of the memorials given in by the Lord Ambassador Lockhart in Paris the 6/16th May 1674 touching the business of St. Christopher's, as also his letter to Mr. Slingsby, but no reason seen to alter the last resolution, only that notice should be taken at Paris of the said memorial to gain the aggravation of so much delay. Sir Chas. Wheler to be asked whether he were not in full possession of the sovereignty of the island, because in the memorial something of it seems wanting. No demand for damages in Mr. Slingsby's memorial from the time possession was refused to Lord Willoughby, which at least would serve to balance other things. Desire of the Lords to see the heads of the points agreed to be remitted to the two Kings, and those not referred but agreed, and if agreed why not executed ? The Lords seem of opinion that none of the points to be demanded of the French seem to be of courtesy, but that about lengthening the time for repossessing the English. Ordered, that the books and papers in this whole affair be turned over, and a deduction made of the difficulties that have occurred; that the heads of a memorial for Lord Berkeley (now at Paris) be prepared; and that the scope thereof be to induce the King of France to impower his Minister to treat and determine all differences here. The Order of 18th June last read, on the petition of Lieut. Greatbach to move the Lord Treasurer to hasten the money appointed him; the Lords much concerned that the money is not yet furnished, and a fund appointed for the future; the Lieutenant to attend next Council day, and the Lord Treasurer to be moved therein. Many laws remitted from Jamaica for approbation, attending their Lordship's leisure to peruse them. [Col. Entry Bk., No. CIV., 54, 55.]
Dec. 17.
H.M.S. Bristol, Leghorn Road.
744. Sir John Berry to Sec. Sir Joseph Williamson. Hopes the accounts he sent from Newfoundland are long since come to hand. When he left there, all the stages, storehouses, cook-rooms, flakes, &c., were entirely preserved for next year's season, which formerly were destroyed after the fishing voyage was ended. Cannot but pity the poor inhabitants, considering so many false informations have been laid to their charge, as formerly reported. Sailed from Bay Bulls the 26th Sept. with about 40 sail which he has seen to their ports as high as Livorn. Has received his Majesty's command to follow Sir Jno. Norbrough's orders, but is in ill condition for that service. His complement of men for Newfoundland was but 150, nor does he know how many are allowed since this new regulation, but will entertain any men fit for service, and is using all possible dispatch to careen and revictual. Begs him to recommend to his Majesty his long and faithful services in the Navy, having 10 years since commanded a squadron of 12 sail in the West Indies, and been in all actions against Algiers and the Dutch, yet never received any gratuity, bounty, or half-pay, for want of a friend to recommend these things. Is the eldest Captain in the Starists, and hopes if any chance should befall the flag he may not be thought unworthy of it, as his Majesty has hitherto preferred persons by eldership and desert. 2 pp. [Col. Papers, Vol. 35, No. 60.]
Dec. 18.
745. Governor Leverett to Sir Joseph Williamson. Received the King's command, dated 4 Aug. 1675, referring to Mr. Harris of Patuxet, in the following October, which shall be attended to as soon as the providence of God shall give opportunity by restoring peace, for such is the state of the plantations in New England by reason of the Indian natives rising up in hostility that Mr. Harris saith he must wait a more calm season for his business. Their taking to arms not a matter of choice but necessitated for the defence of the King's rights and upholding the authority in the government and defending the rights of the subjects against the barbarous rage and inhumanity of the pagans that have not assigned any cause of their acting. He will see by the enclosed what the gradual proceedings of authority have been and how they are compelled to secure themselves from those whom they would, if possible, have held in friendship, but who have been instead their most dangerous enemies, viz., the Narragansets, in supplying Philip with men and entertaining his men, women, and children. The loss of the English in all parts has been about 300 men, 200 in battle under extreme disadvantages by numbers and places, the rest by their skulking upon travellers or labouring men. Their ranging has been as in a crescent from Mounthope where they first rose, westward and northward to the Connecticut, northward and eastward to the Kennebec, through the country about 300 miles. The county of York, called the province of Maine, much wasted although supplies of men have been sent to them; in the whole seven villages have been wasted, of them many of the people and goods saved but houses, corn, and cattle destroyed; several other plantations have suffered by fire and gun, that many families have been distressed. Josiah Winslow, Governor of Plymouth, is advanced from Boston with nigh 600 men to the rendezvous in the Narraganset country, where he will have to make up complete 1,000 under his control, of whom they daily expect to hear. Received in November the King's commands of Aug. last referring to Mr. Bellingham's business, which was under consideration before and had been heard but deferred until May court by reason of the present troubles. Whilst writing this Sir Joseph Williamson's letter of the 13th Sept. came to his hand with the articles of peace concluded at London, Dec. 1674, with the StatesGeneral of Holland; will regulate his motion therein to the King's service. Endorsed by Williamson, "Rec. 1 Feb. 167 5/6" 2 pp. Encloses,
745. i. Proclamation of the Massachusetts setting forth the reasons of the war against the Indians. Their confederates of Plymouth informed them, in June last, that Philip the Sachem of Mounthope was in arms and had solicited the Indians to Join with him against the English, desired their assistance, which by the Articles of Confederation they could not deny. Desirous to prevent war, they sent messengers to treat with Philip, but these arriving at Swansea found divers English murdered on the road, and were informed of divers hostilities by the Indians, which rendered their negotiation hopeless. Marched with forces hereupon in aid of their friends at Plymouth, and having driven Philip from his country, the soldiers were ordered to march to Narraganset to keep the Indians there quiet; after some delay the Indians promised not to assist the enemies of the colonies, and to deliver up those of Philip's party that had fled to them on his rout near Seaconck, but have failed in every particular. Before the soldiers marched to Mount-hope, being careful to understand the state of the Nipnet Indians, they despatched two messengers to certify them of Philip's motions and of their desire to keep amity according to the covenants made long since; and for their further satisfaction sent by Ephraim Curtice a declaration under the public seal that they had no intention to disturb any Indians that would remain peaceable, which message and messenger were evilly entertained and the messenger much endangered by the younger men, and not with any satisfaction by the Sachems as the event showed, though at first more moderately received. Soon after this and before Philip's flying from Pocasset and march toward the Nipnet country, some of the Nipnet Indians assaulted and slew divers of their people at Mendam, whereupon Captain Hutchinson, with a small guard, was sent up to the Nipnets to keep them quiet, if possible, who arriving at Quabaog, whereabouts was a rendezvous of Indians, sent to them, who promised to meet him at a certain place, whither he repaired, but found not the Indians, and being encouraged by the English of Quabaog that the Indians were peaceably advanced toward the place of the Indians' rendezvous, but was on the way by ambuscado treacherously waylaid, by which himself and several others were wounded and slain, the English of Quabaog assaulted immediately, and the town, except one house, totally destroyed. Upon which Philip, with his broken party, came up to the Indians, and upon the first, or immediately on the arrival of the forces sent to the relief of Quabaog, retreated towards Connecticut River, from whence, recruiting himself with ammunition from Albany and men from the treacherous Indians about Hadly and Springfield, he hath prosecuted his design to destroy the English, and spite of all the opposition of their forces hath done much mischief; and, since the repulse he received at Hatsfield, withdrew into the Nipnet country and since toward the Narragansets, who, it is concluded, have assisted him, and have dealt falsely with them, whereby the Massachusetts Government find themselves necessarily engaged, with the consent, advice, and assistance of the rest of the colonies, in war with them as well as with Philip (unless they prevent the same by a timely compliance and performance and security for the future), for the managing and carrying on whereof they expect the assistance of all the King's subjects of the colony, in just defence of the glory of God, the honour, defence, and safety of their King, country, and themselves from the subtlety, rage, and treacherous attempts of their barbarous enemies. Dated in Boston, the 7th December 1675. By the Council, Edward Rawson. Secret. Printed, 1 p. [Col. Papers, Vol. 35, Nos. 61, 61 i.]
Dec. 18. 746. Copies of the above letter and enclosure. Endorsed, "Read at Comtee of Plantation, 3 Feb. 1675–76." [Col. Papers, Vol. 35, Nos. 62, 62 i. See also Col. Entry Bk., No. LX., pp. 90–93.]
Dec. 20. 747. Minutes of the Committee for Plantations. Report prepared touching the pretensions of Mason and Gorges, who give in large petitions, which are to be transmitted to the Bostoners, and they required to send over their agents to answer thereunto. Ordered, that inquiry be made in the Secretary's offices touching the administration of oaths to the Governors that go abroad for the better executing the Act of Navigation. Also, that a full draft of circular letter be prepared to all Governors abroad, and that strict care be given about taking of bonds and knowing what has been done herein according to law. The late letters to Barbadoes and Jamaica to be duplicated. The laws lately transmitted from Jamaica to be presented to the Lords, and the Secretary's office to be searched for any laws that may be transmitted from other islands. [Col. Entry Bk., No. CIV., p. 55.]
Dec. 20.
Insula Nevis.
748. Col. Stapleton, Governor of the Leeward Islands, to the Committee of Council for Plantations. Begs their Lordships to peruse his repeated grievances in his letters to the former Council for Plantations, and to supplicate his Majesty for redress. Beseeches them to weigh in particular what he wrote of the Caribbee Indians, who have murdered on Antigua the King's subjects of both sexes, ravished women, carried away men, women, and children, kept them salves, burned houses, and committed other enormities; for which causes he sues for their grave advice to his Majesty for the release of Col. Philip Warner, whom he understands to be a close prisoner for taking some revenge on these treacherous and bloody malefactors, for that it is suggested that he has killed his brother, and that in cold blood. Both assertions are equally untrue, for the Indian Warner was not Sir Thomas's son but his slave, and the blood could not be cold, Col. Warner having twice fought the Indians out of pallisadoed trenches and pursued them to the leeward part of Dominica, where they found them harboured by this Indian Warner, who before had given notice to the Windward Indians of the design against them; he fell amongst them, and not by Col. Warner's hand nor aboard; the son pretended to be killed is at St. Christopher's. A clause in Stapleton's Commission will justify his empowering Col. Warner; besides 3 several addresses made to him by the Deputy Governors, Councils, and Assemblies of the respective islands. But 8 days since the Marquis of Temericourt, Governor of Marigalante, delivered him 4 negroes carried from Antigua by those heathens, having redeemed them for 4,000 lbs. of sugar. Hopes to give a fuller account of the matter of fact by the next opportunity, but in the interim desires their Lordships to peruse the annexed depositions concerning Indian Warner's fraternity with Col. Warner, who, had he destroyed all the Caribbee Indians, had done the best piece of service for the settlement of these parts. The subject requires more time and more energetic lines than he is able to offer. "Presented to the Committee, 6th April 76, together with some depositions concerning Col. Warner." Encloses,
748. i. Deposition of Walter Carwardine. Came over with Sir Thos. Warner to the Indies about 46 years since, and waited on him about 4 years, and Sir Thomas had in his family of Indian slaves a male child commonly called Warner, or Indian Warner, who, at their arrival at St. Christopher's, was not above 6 months' old, and was never baptized or looked on as any other than a slave or negro's child, and was not reputed the child of Sir Thos. Warner. 1675, Dec. 18.
748. ii. Deposition of Lieut. Robert Choppin. To the same effect; and that shortly after their arrival in St. Christopher's, Sir Thomas called all his Indian slaves before him, to the number of 24, and named a child (the first-born in his family of slaves) Warner; he was afterwards carried off by his mother and others who ran off, and some years after brought from Antigua by Capt. Fletcher, and lived as a slave, fishing and fowling with Sir Thos. Warner, after whose death he served his lady (now Lady March), and is reputed to be killed at Dominica. 1675, Dec. 18.
748. iii. Deposition of Sarah Choppin, wife of the above. Was servant to Sir Thos. Warner. Indian Warner always lodged in the Indian house, and never was reputed Sir Thomas's son, but remained a slave with him and Lady March till with 2 Indians more he ran away. 1675, Dec. 18.
748. iv. Deposition of Col. Randal Russell, Deputy Governor of Nevis. Arrived out of Europe in the year 1637, and lived in Sir Thos. Warner's employ several years, and took account of his family, both of Indian slaves and others. Several ran away, one being the mother of Warner, so called because he was the first-born slave in the General's family in St. Christopher's. To the same effect as the preceding depositions. 1675, Dec. 20.
Together, 5 pp. [Col. Papers, Vol. 35, Nos. 63, 63 i.–iv.]
Dec. 20. 749. Copies of preceding letter and depositions. With mem. as follows:—Upon this occasion Sir Robt. Southwell acquainted their Lordships that he had been at the Tower with Col. Warner, and finding him intelligent in the affairs of the West Indies had taken from him an account of the Caribbee Islands. 3 April 1676, under which date this account is abstracted. [Col. Entry Bk., Vol. XLVI., 70–76 and 195.]
750. Petition of Colonel Philip Warner, Deputy Governor of Antigua, to the King and Council. He has been accused by the malice of a profligate seaman of crimes committed upon the Indians in Dominica (see ante, No. 439 I.), of which he is innocent, the witnesses at the last hearing having left out several circumstances, as also the distinction of time of 14 days between drinking with the Indians and killing them. Prays that his case may be re-heard, in order that he may prove his innocence, the petitioner giving bail to appear in six months, and thereby prevent the charge of sending him over as a prisoner. Annexed,
750. i. "The case of Col. Warner, now prisoner in the Tower." His answers to the charges against him for killing his half brother, an Indian, and several other Indians, at an entertainment, after they had, as friends to the English, assisted them against other Indians that were enemies. The reason alleged, that he had a pique against his brother.
750. ii. Arguments by Col. Warner, prisoner in the Tower, in his justification and reasons in favour of his being allowed to put in bail, in case it should be judged necessary to try him. N.B.—By Order in Council of 18 May 1677, Col. Philip Warner was put out of the government of Antigua and any other employment or trust in the King's service. Together, 6 pp. [Col. Papers, Vol. XXXV., Nos. 64, 64 i., ii.]
Dec. 20. 751. Petition of Anne March, widow of Sir Geo. March, and late wife of Sir Thos. Warner, deceased, to the King. That Sir Thos. Warner was the only person who reduced at his own charge the Caribbee Islands, to whose government they were afterwards committed; that the present Governor appointed the Petitioner's eldest son Deputy Governor of Antigua, who raised forces and destroyed many of the Indians, but has been accused by the malicious information of one Hamlin of murdering his own brother and killing Indians in friendship with the English, and is now prisoner in the Tower. Prays, although innocent of those crimes, that he may have liberty to go to the petitioner's house at Limehouse, that she may take care of his health, he being dangerously sick, and finding security for his appearance. 1 p. [Col. Papers, Vol. XXXV., No. 65.]
Dec. 20.
Spring Garden.
752. Sir Robert Southwell to Sir Chas. Wheler. Finds, in perusing some papers relating to St. Christopher's, that 299 of the ancient inhabitants put in their claims within the time appointed of whom 195 were in actual possession of their estacts. Begs him to let him know by what rule these possessions were given, and what became of the common obstacles of melioration, actual price, &c., and whether these possessions were given by the National Court, by order of the two Governors, or by voluntary agreement of the parties, the Lords of the Committee having commanded him to make inquisition herein. 1 p. [Col. Papers, Vol. 35. No. 66.]
(Dec. 22.) 753. Petition of Robert Mason to the King. Recapitulates his former petitions giving account of the grant of New Hampshire to his grandfather, and of the doings of the Massachusetts, and prays for reparation. Endorsed, "Read in Council, 22 Dec. 1675." See No. 506. 4 pp. [Col. Papers, Vol. 35, No. 67; also Col. Entry Bk., Vol. LX., pp. 63–73.]
(Dec. 22.) 754. Petition of Ferdinando Gorges to the King. Recapitulates the grievances set forth in his former petition and prays for redress. Underwritten, Read in Council 22nd December 1675. Ordered, that letters be sent forthwith requiring the Bostoners to send Agents into England to answer for them, his Majesty resolving to right his subjects and put them into possession. 1 p. [Col. Papers, Vol. 35, No. 68; also Col. Entry Bk., Vol. LX., pp. 74–78.]
Dec. 22. 755. Order of the King in Council. Recites the report of the Committee of 20th December, proposing that the copies of Mason and Georges' petitions be sent to New England, with orders for the despatch of agents to England, and order that one of the principal Secretaries of State prepare a letter in accordance with the above report. 4 pp. [Col. Entry Bks., Vol. 60, pp. 79–82; and Vol. 96, p. 30.]
Dec. 23. 756. Report of the Committee of Council for Plantations, &c., to the King. Their Lordships having debated the business in relation to the injuries done the English by the French, together with a memorial for Lord Berkeley to present in the Court of France, made report to his Majesty that on 18th June last they offered to his Majesty in Council how they found the state of St. Christopher's, as to the Governor and the two companies, and his Majesty was then pleased to give order in that particular. Have since been considering a way of redress for the Planters there who are still out of their estates; and their Lordships' next care will be to propose what they think expedient for the standing defence of all the other Leeward Islands. Find that 299 Planters claimed their estates, of whom only 195 are in possession, and 139 have not claimed as yet, so that of 438 who appear to have lost their estates, 243 are still dispossessed, and the French now enjoy on the English part 4,108 acres, whereof 2,708 have been duly claimed but in vain, as also a tract of land from Savanna to the Nag's Head on which are the salt pans, of which a moiety belongs to his Majesty, yet the whole is still detained by them. The principal points of difference have been as follows:—The English demand—(1) restitution of their Plantations paying only back the purchase money they received and subtracting for pejorations done during that time; (2) for the want of their estates from the time of Lord Willoughby's demand; (3) the 39 guns taken out of the English Fort; (4) that the negroes should be brought to make their choice as agreed by the Articles of Breda. The French demand—(1) from the English who would redeem their estates, the price mentioned in each Contract; (2) to be satisfied for meliorations; (3) the diet of prisoners while they did not work; (4) that the negroes taken at Cayan should have a free choice of their masters. These contradictions his Majesty referred to the late Council of Plantations, who by their address of 9th June 1673 (see preceding Vol., No. 1105), plainly set forth how unjust a part had been acted by the French Ministers, and other ill accidents in the management of that affair, and advised his Majesty for peace sake to quit several just and considerable pretensions, which are stated. To this effect Lord Arlington presented M. Colbert, the French Ambassador, with a memorial, but never any return could be obtained; so that he gave Sir W. Lockhart, when sent Ambassador into France, earnest instructions to revive all the demands relating to the island; who accordingly by his memorial of 6/16 May 1674 (see preceding Vol., No. 1365 I.) set forth many of the obstructions so long given to justice, and made several demands which are summarised, and wrote home that he could have no answer than that they wanted time till the campaign was past to consider those things. Thus the whole affair has remained without redress, so that considering the many contradictions that have attended this work in St. Christopher's, and the delays in France, they propose that his Majesty's Ambassador, Lord Berkeley, may solicit in the Court of France for powers to the French Minister here to conclude this affair. And in order hereto their Lordships have prepared the heads of a Memorial for Lord Berkeley to present, as follows:— That there was presented to his Most Christian Majesty a memorial by his Majesty's late Ambassador, Sir W. Lockhart, dated 6/16 May 1674, setting forth in some measure the wrongs of his Majesty's subjects in St. Christopher's to which no other than a verbal answer could be received from M. Pompone remitting the whole matter to the end of the campaign; but neither all the hardships are there expressed nor all the remedies proposed, which are necessary to fulfil the Articles of Breda in favour of the English. That his Majesty is become very sensible of these delays, and presumes the King of France would not allow such obstructions, if any certain method were proposed for verification thereof; and therefore, seeing that many authentic papers and witnesses are now in England, prays that he impower his Minister in London to receive proofs of what is to be alleged, and agree upon such a regulation as may be made binding in St. Christopher's, that so the rights of either party being settled, their estates and friendships may be also mutually improved. 6 ½ pp. [Col. Entry Bk., XLVI., 29–36.]
Dec. 23.
757. Minutes of the Committee of Trade and Plantations. The report touching St. Christopher's read and approved; also Memorial for Lord Berkeley to present in France to get powers to the French Minister to determine all differences of the Planters here, but the form to be left to Lord Berkeley, and the heads to be prepared to, be laid before his Majesty against next Council day. All papers of the late Council of Plantations touching the standing defence of the island to be looked into and laid before their Lordships. Complaint of Capt. Gorges, Lt. Greatbach, and Mr. Freeman, junr., of the sad condition of Col. Stapleton and his soldiers for want of pay, and that the Planters who were forced to maintain them would leave for Jamaica, seeing his Majesty had no care for the place; that it was a shame to see how well the French forces were provided for, with constant pay, good clothes, bread, and wine from France, and several frigates still on the coast; that the English had but few great guns; that of the 6,000l. and more ordered in Council in June last, not one farthing was yet paid by the Lord Treasurer; that Mr. Nelthorpe had refused to advance money on tallies certainly payable in March; and that by the late disorder among the Bankers there was now so general a distrust, that it was in vain to expect any money on credit. Captain Gorges, being pressed, excused himself from furnishing the money, but spake much of the advantage of these Plantations, computing 50,000 men to be in Barbadoes, and as many more in the Leeward Islands, and that it was incredible how vast a stock, and how much navigation those few hands employed, to the benefit of England; and that it was not the Islands which drained men from England, but the Plantations on the Continent, which drained very many. 1 ½ pp. [Col. Entry Bk., Vol. CIV., 56, 57.]
Dec. 27. 758. Sir Chas. Wheler to Sir Robert Southwell. Has his of the 20th instant. Cannot remember that he ever heard how many put in their claims, but thinks that very few of them had sold their estates, and therefore the common obstacles of melioration, actual and pretended price, and demand of mere profits were out of doors, but were such as had deserted their estates because they would not take an oath of allegiance to the French King, but rather seek their bread in the wild world (a second history of the loyal Cavaliers); who hearing Sir Charles was again in possession of his Majesty's right, and had cannon and soldiers to defend them, came to take possession of their estates, which having been relinquished by the French after the Treaty of Breda had laid waste to the time of Sir Charle's arrival, and were called the King's lands. Made a rule that all men should enter their claims at the Secretary's office (which was but a shilling charge), not only that every man might be directed how to proceed in the National Court to demand his house, mills, and sugar-works which the French had taken, but that he might prevent multitudes of Irish who came from neighbouring Islands to get other men's lands. Any man who was a proprietor was directed to the Sheriff or Marshal, who without charge was to put him into immediate possession, and if he complained of any injury done by the French in his absence, he was directed to the English Judges of the National Court, who were to enter his demands without fee. Any who came to seek land were directed to two gentlemen appointed for each side of the Island, who without charge were to set them down according to their stock, with this condition, that in case the proprietor should return, quiet possession should be given him as soon as they had taken off the crop planted, otherwise they might continue till his Majesty should dispose of the land to them or any other; so that neither National Court nor Governors had anything further to do in these cases, and to the best of his remembrance of the 195 put into possession, there were not 20 who had sold their estates. Formerly told him that the proprietor who had sold, finding the French purchaser on his estate, could not be put in possession by the Marshal, but was directed to the English Judges of the National Court, of which there were three a week, to enter process against the Frenchman; who in so many days was to come to trial, and thereupon came in melioration and pretended price, then surveying, and the French Judges adhering to the Frenchman's, and the English to the Englishman's cause, and at last referring the process to the two Lieutenant-Generals, who never met. Endorsed, "Recd 29th Decr." 4 pp. [Col. Papers, Vol. 35, No. 69.]
Dec. 759. Abstract of a Report of the Council of Plantations concerning St. Christopher's of 9th June 1673 (see preceding Vol., No. 1105); with note that in this paper are remitted to the French (1) all slaves carried away or not suffered to return, (2) all wastes and spoils within the last three years; and no mention is made of goods plundered coming off from St. Christopher's, nor of any other robberies in execution of the Edict of 10 June. 2 pp. [Col. Papers, Vol. 35, No. 70.]
Dec. 760. Abstract of "the Report concerning St. Christopher's" (see ante, No. 671). Their Lordships represented the injuries done by the French, as follow: (1) after the rendition they forced his Majesty's subjects that would not swear allegiance to sell their estates at a small value for goods at high rates; (2) and forced them to sign the receipt of greater sums than received; (3) afterwards plundered them at sea; (4) at the notice of peace made spoil and wastes; (5) refused to surrender the sovereignty to Lord Willoughby; (6) refused to re-deliver several plantations though never sold; (7) refused to restore those sold for the real price, unless paid for meliorations; (8) refused to publish the peace, whereby notice might be given to the English slaves that they might return to their masters, but shifted them to other places; (9) the Commissioners for composing differences would not conclude anything, that the time of repurchasing might be elapsed; (10) the French had taken several English ships on account of approaching their coast, and killed a man for not striking [sic]. All which may appear by the respective papers. Advice for remedy: (1) that such English as did not sell their estates may be put in possession with reparation of the spoils committed; (2) that a longer time be agreed to for ascertaining the sums paid, and bringing back the slaves; (3) that such as sold might be restored to their estates on a due reimbursement, defalking the value of spoils and wastes; (4) that those that having sold their estates were plundered, may receive satisfaction; (5) and such as suffered by the Edict of 31 May 10 June; (6) that the French King may be informed of all wrongs done to the English; (7) to get his order for speedy restoration; lastly, that all other damages be less insisted on, or be set in balance against meliorations, &c. 1 p. [Col. Papers, Vol. 35, No. 71.]
Dec. 761. Memorandum of the full extent of the English and French demands in St. Christopher's. English demands: (1) that the whole part of St. Christopher's formerly belonging to the English be submitted to the sovereignty of his Majesty in the same condition as it was before the war, and reparation made of what shall be found defective, as cannon, churches, &c.; (2) that his Majesty's subjects who did not sell, and those that did sell, on reimbursement of what was actually received, may re-enter upon their estates, reparation being made for all pejorations since the war, and damages sustained by being unjustly kept out of their estates from the time Lord Willoughby demanded restitution; (3) that all depredations made by the French at sea contrary to their capitulation may be repaired; (4) that the slaves taken by the French at St. Christopher's, Antigua, and Montserrat may have a free choice of their masters on due notice given them; (5) that the English may discount the diet of the French prisoners of Cayenne. French demands: (1) that the purchase money be repaid according to the value mentioned in the agreement; (2) that satisfaction be given for meliorations; (3) and for the prisoners' diet while they did not work; (4) that the negroes taken by the English from the French at Cayenne may enjoy a free choice of masters. 1 p. [Col. Papers, Vol. 35, No. 72.]
Dec. 762. Articles agreed upon between Sir C. Wheler and M. de Baas, in the 2nd and 3rd Articles of the Treaty of Breda. That an account of wrongs and injuries done by persons not present in the English or French Islands be sent to their Majesties to do right, and those done by persons remaining there be repaired by the actors; that the negroes or their price be restored; that all pejorations and depredations be defalked on reimbursement, and meliorations likewise considered. On the 5th Article, that for the time the English prisoners did any work, their diet shall not be reckoned for, and that what shall be found owing for the French prisoners of Cayenne be lessened on account. On the 8th Article, that the English have liberty to re-enter on their estates after due reimbursement; and that on such default the King or Sir C. Wheler may re-enter in their names upon estates in the hands of Frenchman who shall refuse the Oath of Allegiance, and that a year and a day be allowed hereto; and as to those contracts said to mention more than was effectually paid, they are referred to the consciences of Sir C. Wheler and M. de Baas. On the 12th Article, Sir C. Wheler remits all pretences on the island of Statia. On the 13th Article, that all English slaves that are returned under the English subjection, and those that are still under the French, shall appear on the frontier to make choice of their masters; and that those slaves that are returned to the English from Antigua and Montserrat shall be equally divided between Sir C, Wheler and M, de Baas, till the two Kings have decided whether they shall be excluded the choice of their masters and return to the French, or otherwise enjoy a free choice. To each article is written in the margin "Agreed." 1½ pp. [Col. Papers, Vol. 35, No. 73.]
(Dec.) 763. Abstract of Articles concerning St. Christopher's remitted to the decision of the two Kings. On the 2nd and 3rd Articles of the Peace, Sir C. Wheler demands reparation for all buildings, churches, cannon, sugar works, &c., taken from the English part of the island since the publication of the Peace, in execution of the 7th and 8th Articles. On the 5th Article M. de Baas demands payment for the diet, medicines, and clothes of the English prisoners, and more especially by virtue of a promise from Lord Willoughby. On the 8th Article, Sir C. W. demands that the English pay no more for their plantations than they actually received and effectually enjoyed, according to an account to be made and that defalcation be made of all depredations at sea. On the 13th Article, Sir C. W. demands a due publication hereof, and that the said slaves be brought before certain Englishmen thereto deputed to make a free choice of their masters, those of Antigua and Montserrat not excepted; or that some other expedient be found that the English may be acquainted with the free choice of their negroes, that they may be ready to make due payment for those that were sold. If this demand be granted M. de Baas requires that the like be done for negroes taken from the French at Cayenne. 1 p. [Col. Papers, Vol. 35, No. 74.]
(Dec. ?) 764. Extracts from Sir Wm. Lockhart and Mr. Montague's Instructions to demand satisfaction for St. Christopher's. In Article 3 of Sir W. Lockhart's Instructions, it is directed that a copy of that paper be delivered to him, which was given last summer to the French Ambassador here, upon which he shall press for such speedy and effectual order that that matter may hang no longer in suspense, to the great scandal and offence of his Majesty's subjects. In Article 2 of Mr. Montague's Instructions, he is directed on any occasion that offers itself to express his Majesty's satisfaction in the last orders given by the French King for the surrender of his Majesty's part of St. Christopher's, hoping there will be no further difficulty in his Governors to give obedience thereto; and also to let him know his Majesty has renewed his orders, for the speedy delivery of Acadia to those empowered to receive it, which are put into his Ambassador's hands. 1 p. [Col. Papers, Vol. 35, No. 75.]