|
July 16.
Aboard the Bristol, Virginia. |
334. Thomas Ludwell to Secretary Sir Joseph Williamson.
Seven months on his passage; the three weeks he has been back too
short a time to enquire into the true causes of the discontents yet
amongst the people which the Commissioners have not effectually
taken away. Is of opinion it will very much contribute to their
future settlement if His Majesty send a full Act of Indemnity, but
with reservation of every man's right to the recovery of just debts.
Doubts not many will beg the estates of those who suffered for
their rebellion; his opinion thereon, "since in such disturbances it
is impossible, but all who had estates must suffer loss, so such
course may be taken to lessen it as shall be found practical."
His Majesty's ships under the command of Sir John Berry near
sailing; no supplies can be had this time of year where the people
make tobacco their sole commodity. Wants of the soldiers; in a very
sickly condition. Thinks 200 men placed in a good fort sufficient
to prevent any future disturbances; suggests an impost upon all
liquors imported, as at Barbadoes, to defray the charges. 2 pp.
[Col. Papers, Vol. XLI., No. 17.] |
July 17.
Whitehall. |
335. The King's Warrant to Sir John "Robinson, or in his absence
to Captain Francis Rainsford at the Tower of London. To raise by
beat of drum about the City of London 57 men for recruiting the
two foot Companies in St. Christopher's. Countersigned by
Secretary Sir Henry Coventry. Annexed, |
|
335. i.–ii. Two lists of the names of the fifteen and forty-two
private soldiers raised by Captain Rainsford and
mustered at the Tower. Signed by D. Cranford. |
|
335. iii.—iv. Contract with the Commissioners of the Navy for
transporting the above soldiers to St. Christopher's in the
Hopewell, 120 tons, Michael Russell, Master. Also Heads
of said Contract. 1677, July 24. |
|
335. v.—vii. Receipts for the soldiers aboard the Hopewell with
their names. Also for 57 beds, rugs, blankets and pillows,
and for clothing. 1677. August 9th–11th. |
|
335. viii. Account of the red coats, breeches, shirts, shoes,
stocking, hats, neck-cloths, beds and beddings, hammocks
for the above 57 soldiers. Total cost 160l. 5s. 6d.
"Allowed this 21st September 1677." |
|
335. ix. Account of the charges for raising, keeping, and embarking 57 men, reeruits for His Majesty's service in
St. Christopher's. Total, 115l. 11s. od. "Allowed, 8th
November 1677." Together, ten pages. [Col. Papers,
Vol. XLI., Nos. 18, 18 I.—IX., and Col. Entry Bk.,
Vol. XLVI., pp. 232–240.] |
July 17.
Whitehall. |
336. The King's Order, signed by Secretary Sir Henry
Coventry. That the seven papers herein described relating to the
affairs of Virginia be referred to the consideration of the Lords of
Trade and Plantations. [Col. Papers, Vol. XLI., No. 19; also Col.
Entry Bk., Vol. LXXX., pp. 151, 152.] |
| July 17. |
337. Memorial of abuses which are crept into the Churches of
the Plantations presented to the Lords of Trade and Plantations
by [Henry Compton], Lord Bishop of London. In reference to
the King's right of partonage and presentation to all vacant
benefices; the profits of each vacant parish; the hiring of
ministers; the payment to them in commodities, generally the
worst and over-rated; the want of public places in Virginia to
bury the dead, "insomuch that that profane custom of burying in
their gardens, orchards, and other places still continues"; the
authority of vestries; the defect in the execution of two Acts in
Virginia, prohibiting the solemnization of marriages without a
lawful minister, imposing punishment for fornication, and making
the children illegitimate, and prohibiting the exercise of the
ministerial function without ordination from some Bishop in
England; and the want of care for the passage and other accommodations of ministers sent over. Endorsed, "Received from the
Bishop of London, 17 July 1677, and read at the Committee.
[Col Papers, Vol. XLI., No. 20, and Col. Entry Bks., Vol. LII.,
p. 27, Vol. LXXX., p. 150, and Vol. XCVII., pp. 47–49.] |
| July ? |
338. Answers to the preceding memorial [? in the handwriting
of the Lord Bishop of London]. Desires that notice be given of all
vacancies, and that none without orders be permitted to officiate;
that profits of vacant parishes be laid out for repairs of the church,
and for conveying over ministers to supply them; that ministers
be constantly resident in their parish, and not permitted to hold
more than one parish; that churchyards be allotted, and bounded
in; that vestries be reformed, according to the use of England;
that all marriages be solemnized by lawful ministers; and that
some provision be always ready for transporting ministers. 1 p.
[Col. Papers, Vol. XLI., No. 21.] |
July 17.
Whitehall. |
339. Journal of the Lords of Trade and Plantations. On
consideration of the Order of Council requiring the Committee to
take care for the raising recruits for St. Christopher's, their Lordships desire Mr. Secretary Coventry to deliver a warrant to
Captain Rainsford for beating drums in order to raise 57 men
for this purpose, which Mr. Secretary promised to do. Letter
written to Mr. Cook to this effect, and a warrant issued
accordingly. |
|
My Lord Bishop of London presents a memorial of abuses crept
into the churches of the Plantations containing nine articles, as
follow:—1. That Governors keep parishes vacant, and commission
persons to officiate without orders. Whereupon ordered that this
abuse be represented to the Governors of the Plantations under
His Majesty's immediate jurisdiction for redress. 2. That the profits
of vacant parishes are converted by the people to their own use. |
|
This to be redressed by the Governors. 3. That ministers are
hired for time. To be likewise remedied. 4. That the ministers
are ill paid. The Governors in this particular to observe the laws
of England. 5. That in Maryland and other places there is no
settled maintenance for ministers at all. Upon which heading
Lord Baltimore is called in, that he may propose a means for the
support of a convenient number of ministers against Thursday
(see No. 348), and it is further agreed that this defect ought to be
supplied in all the Plantations remaining under propriety, and
that letters be written accordingly. 6. That in Virginia there are
no places allotted to bury the dead; which is to be signified to the
Governor for redress. 7. That the vestry exercise a power over
the ministry. Their Lordships will consider the law of Jamaica,
which concerns the vestry in reference to the ministry. 8.
That in Virginia the laws are not duly executed, prohibiting
marriages to be solemnized without lawful ministers, and persons
to exercise the ministry without proof that they are in orders.
These laws are to be observed in every place. 9. That no care is
taken for the passage of new ministers. It is thought fit that the
Governors provided for the expense of transporting ministers and
other charges out of the profits arising by the vacancies. |
|
Several members of the Royal African Company attending upon
summons, Sir Jonathan Atkins' letter of 13th May (see ante,
No. 241) is read; ordered that copy be delivered to the Company
for their answer in writing, with the proposals they think fit to
make. Letter likewise written to Mr. Solicitor, enclosing copy of
Governor Atkins' letter for his opinion whether negroes ought to
be esteemed goods or commodities intended by the Acts of Trade,
which provide that no commodities be imported or exported
out of His Majesty's plantations, but in ships that belong to the
people of England. Letters written accordingly. [Col. Entry Bk.,
Vol. CV., pp. 82–86.] |
| July 17. |
340. Warrant from the King to Sir John Robinson, knt.
(Lieutenant of the Tower), or in his absence to Captain Francis
Rainsford at the Tower, forthwith to cause drums to be beat about
the City of London for raising 57 men for recruiting the two foot
companies employed in the island of St. Christopher's. ½ p.
[Dom. Entry Bk., Chas. II., Vol. XXIX., p. 214.] |
| July 17. |
341. Warrant from the King to the Commissioners of the Admiralty. That whereas His Majesty has given order for raising 57
men for recruiting the two Companies of Foot in St. Christopher's,
they give orders for transporting them thither by the first opportunity. ½ p. [Dom. Entry Bk., Chas. II., Vol. XXIX., p. 214.] |
| [July 17.] |
342. Report of Lords Chief Justices Sir Richard Raynsford and Sir
Francis North to the Lords of Trade and Plantations. Had appointed
a day for the hearing of all parties according to their Lordships order
and received such papers as they were pleased to deliver, at which
time the Respondents (Massachusetts) disclaimed title to the land
claimed by the Petitioners (Mason and Gorges); and it appeared
that the said lands are in the possession of several persons not
before the Lords Chief Justices, whereupon it was not thought fit
to judge of any title without hearing the Tertenants or their agents,
but to direct the paties to such course of justice as there might be
on the place. Examined the parties' claims to the Government, and
the petitioners having waived the pretence of a grant of Government
from the Council at Plymouth, their own counsel convincing them
that no such jurisdiction could be transferred by any course of law,
the question was reduced to the Province of Maine, whereto the
the Petitioner Gorges made his title by a grant from Charles I.
in the 15th year of his reign to Sir Ferdinando Gorges and his
heirs of the Province of Maine, and the government thereof. The
Respondents answered that before, viz., in 4 Charles I., the
government was granted to them, and produced copies of Letters
Patent which recited a grant to certain persons from the Council
of Plymouth; by said Letters Patent the King confirmed the grant,
made them a corporation and gave them power to make laws.
To this it was replied that the Patent of 4 Charles I. was
invalid for the reasons set forth. Conceive that the patent of
4 Charles I. is good notwithstanding the grant of 18 James I., for
it appeared by the recital in the patent of 4 Charles I. that the
Plymouth Council had granted away all their interest in the lands
the year before, and it must be presumed that they then deserted
the Government, whereupon it was lawful and necessary for the
King to establish a suitable frame of government as was done by
the Patent of 4 Charles I., making the Adventurers a corporation
upon the place. As to the second matter, it is clear that the grant
extends no farther than the boundaries expressed in the Patent,
which cannot be construed to extend farther than three miles north
of the Merrimack. The north and south bounds of the lands
granted so far as the rivers extend are to follow the course of the
rivers, which make the breadth of the grant and the words describing
the length to compehend all the lands from the Atlantic to the
South Sea of all the breadth aforesaid do not warrant the overreaching of these bounds by imaginary lines; the breadth was not
intended an imaginary line laid upon the broadest part, but the
breadth respecting the continuance of the boundaries by the rivers
as far as they go, and when they stop to be carried on by imaginary
lines to the South Sea. If Maine lies more northerly than three
miles north of the Merrimack, the Patent of 4 Charles I. gives no
right to govern there, and the Patent of 15 Charles I. is valid to the
Petitioner Gorges. Are of opinion on the whole matter as to the
power of Government that the Massachusetts and their successors
by the Patent of 4 March, 4 Charles I., have such right of government as is granted by the patent within the boundaries therein
expressed according to the exposition above made, and that the
Petitioner Gorges his heirs and assigns by the Patent of 3 April,
15 Charles I., have such right of government as is granted by the
Patent in this the Province of Maine according to the boundaries
therein expressed. "Recd and read at Comt", 17 July 1677." Two
papers. 3 pp. [Col. Papers, Vol. XLI., Nos. 22 and 23; also
Col. Entry Bk., Vol. LX., pp. 213–218.] |
| July 17. |
343. Report of the Lords of Trade and Plantations to the King.
Recite the preceding Report of the Lords Chief Justices with which
they fully agree.Signed Anglesey, Ormond, Craven, Bath,
H. London, J. Williamson, G.Carteret, Edward Seymour, and
Thomas Chicheley. "Read in Council, 18 July 1677." 4 pp.
[Col. Papers, Vol. XLI., No. 24; also Col. Entry Bk., Vol. LX.,
pp. 219, 220.] |
July 17.
Whitehall. |
344. Journal of Lords of Trade and Plantations. Reports of
the Lords Chief Justices touching the pretensions of Mason and
Gorges against the Government of Boston read and copies ordered
to be given to the respective parties. [Col. Entry Bk., Vol. CV.,
p. 81.] |
July 17.
Council Chamber (Whitehall). |
345. William Blathwayt to Royal African Company [Mr. Roberts?
Secretary]. Encloses copy of Sir Jonathan Atkins' letter (see ante,
No. 241) by order of the Lords of Trade and Plantations, who
desire the Company to take it into their consideration, and return
their opinion in writing on Thursday next with such proposals as
they may think fit to make. [Col. Entry Bk., Vol. I., p. 76.] |
July 17.
Council Chamber (Whitehall). |
346. Philip Lloyd to the Attorney-General [Sir William Jones]
or the Solicitor-General [Sir Francis Winnington]. The Lords of
Trade and Plantations desire to know their opinion whether
negroes ought to he esteemed goods or commodities intended by
the Acts of Trade and Navigation, which provide that no goods or
commodities whatsoever shall be imported or exported out of any
of His Majesty's plantations in other ships than such as belong to
the people of England. On same sheet: Opinion of the SolicitorGeneral that negroes ought to be esteemed goods and commodities
within the Acts of Trade and Navigation, and so it hath been
admited upon debate before the Lords Committees of Plantations.
1677, July 24. [Col. Papers, Vol. XLI., No. 25, and Col. Entry
Bk., Vol. I., p.78.] |
July 18.
Jamaica. |
347. Newsletter of Sir Thomas Lynch. Five or six French
and English privateers lately come to Jamaica from taking Sta
Martha, Barnes being one and Coxon expected every hour. On board
the Governor and the Bishop, and Captain Legarde has promised
to put them on shore The plunder of the town was not great,
money and broken plate about 20l. a man. To-morrow Captain
Lynch, a Dutchman, of 25 guns, goes out of harbour, two Frenchmen
wait for him, but he is resolved to fight them both. The Governor
and the Bishop, that the town might not be burnt, agreed with them
for the ransom, but instead of pieces of eight, the Governor of
Carthagena sent 500 men by land and three vessels by sea, but the
privateers fought them and killed about 50 in their first volley,
the rest fled. |
| July 23. |
Two days since, Coxon came in and surrendered and brought
ashore the Bishop and a friar. His Lordship (Governor Vaughan)
has taken care to lodge the Bishop well, "the good old man is
exceedingly saisfied." Means taken by Governor Vaughan to
procure the liberty of the Governor and others, but finding thern
(the privateers) all drunk, it was impossible to persuade them to do
anything by fair means. Colonel Ballard and myself now going to see
what we can do. The taking of Sta Martha was by surprise and
at break of day, as most of their enterprises are The French came
not near till the fort was taken and they out of danger of the
great guns, so that Coxon and the English with him did all. The
(Spanish) ships, perceiving the French colours set up on the castle
and town, sailed away. So this great expedition ended, in which
most of the warriors at Carthagena were engaged, and old Quintano,
Admiral at sea. 4pp. [Col. Papers, Vol. XLI., No. 26.] |
| July 19. |
348. Minutes of the Lords of Trade and Plantations. On
reading a letter from the Archbishop of Canterbury to the Bishop of
London [see No. 1005 previous volume of Calendar], Lord Baltimore
presented a paper setting forth the present religion in Maryland.
That for the encouragement of those willing to settle in Maryland
a law was made giving toleration to all believing in Jesus Christ,
nor should they be molested in respect of religion, and for many
years this toleration and liberty has been known in the government
of that province. That there are now four ministers of the Church
of England residing there who have plantations of their own, and
those who have not are maintained by voluntary contributions of
their own persuasion, as others are of the Presbyterians, Independents, Anabaptists, Quakers, and Romish Church. That there
are a sufficient number of churches and meeting-houses for the
people there which are kept in good repair by voluntary contributions. That the laws are made by advice and consent of the
freemen by their Delegates in Assembly, as well as by the
Proprietors and Council. That three-fourths of the inhabitants
are Presbyterians, Independents, Anabaptists, and Quakers, the
rest being of the Church of England and Romish Church, so it
would be most difficult to draw such persons to consent to a law to
maintain ministers of a contrary persuasion to themselves, having
by that act of religion an assurance of freedom in divine worship
and no penalties or payments in that particular. That this same
toleration. is in Carolina, New Jersey, and Rhode island. |
|
"Whereupon their Lordships sign a letter to Lord Baltimore as
follows:"—Have received very credible information that many
inhabitants of Maryland live very dissolute lives, committing
notorious vices and profaning the Lord's Day. Hope there are
sufficient laws to restrain and punish such evil lives and oblige
men to live at least like Christians, though not of the same
profession. If the laws be full enough, desire his Lordship to have
them put in execution, or, if defective, to pass-such new laws as the
occasion requires. Have reason to believe this wicked kind of
living proceeds from there being no certain established allowance
for the ministers of the gospel, especially of the Protestant religion
according to the Church of England, the cause of a great want of
able ministers. Know how necessary it is to have this want supplied
without imposing any burthen upon the inhabitants that they are
willing freely to settle, therefore desire his Lordship to write to the
Governor and Council of Maryland to send over an account of the
number of Protestant ministers of the Church of England and their
allowances, also of the number of Protestant families and the value
of their plantations, and how many congregations they make up;
also to inquire what each congregation will freely settle for the
maintenance of an able minister, which, when agreed upon, to be
enacted into a law as in His Majesty's other plantations. Would likewise be glad to have account of the number of ministers or teachers,
of dissenters and their allowances, and of the number of the planters,
their persuasions, and the number of each persuasion Two papers.
The first is endorsed, "Recd from Lord Baltimore 19 July 1677 and
read at the Committee"; the second is endorsed, "Letter to be sent
to my Lord Baltimore, Governor of Maryland. Approved and
delivered to my Lord Baltimore on 19 July 1677." [Col. Papers,
Vol. XLI., Nos. 27, 28; also Col. Entry Bk., Vol. LII., pp. 31–35.] |
| July 19. |
349. Journal of Lords of Trade and Plantations. Letter read
from a minister in Maryland (John Yeo) to Archbishop of Canterbury(see No. 1005 I. previous volume of Calendar.) Whereupon
Lord Baltimore is called in, who offers a paper. Their Lordships
therefore agree to write to Lord Baltimore (see preceding abstract.)
After which the law of Maryland concerning religion, permitting
liberty of conscience, and a free exercise of service to all persons
and sects professing to believe in Jesus Christ. |
|
Mem.—Their Lordships think fit that, when allowances are
settled by law in Maryland and other parts, according to the
abilities of the inhabitants, some means be found out here for the
charitable supply of what shall be wanting for the subsistence of
the ministers. Also the several Governors are to find out some
further encouragement for them when they have been there some
time, either by assigning them lands or otherwise. |
|
The Bishop of London represents the ill-usage of ministers in
the Plantations, and their too great subjection to the vestrymen,
as particularly appeared by the law of Jamaica, entitled An Act
for the better Maintenance of the Ministry, for remedy whereof
their Lordships think fit that the ministers make a part of the
vestry in the regulation of all matters except in the settlement of
their maintenance. |
|
Mem.—Ten Acts made in Maryland received from Lord Baltimore,
and at same time delivered to his Lordship a letter from the, Committee concerning religion and orderly living in that colony. [Col.
Entry Bk., Vol. CV., pp. 87–89, and pp. 92–93.] |
July 19.
Whitehall. |
350. Journal of Lords of Trade and Plantations. Mr. Randolph
called in, and after informing their Lordships that the New
England Government had settled several Custom-houses without
any authority from His Majesty withdrew. Whereupon the
agents of New England are called in and examined npon the
representations of Mr. Randolph, with the exception of the first
article concerning the charter and other points. And their Lordships report upon the whole matter to His Majesty (see next entry).
[Col. Entry Bk., No. CV., pp. 89, 90.] |
| July 19. |
351. Report of Lords of Trade and Plantations [through the
Lord Privy Seal] to the King. The Massachusetts agents declared
that they had no other instructions than to answer the particular
claims of Mason and Gorges, and were not capacitated to satisfy
their Lordships on any other questions otherwise than as private
men and His Majesty's subjects. As to the opposition to the King's
Commissioners in 1665, and the turning out of Justices of the
Peace settled by His Majesty's authority, they answered that they
knew nothing of any act of violence, and could only remember that
some alteration did at that time happen in the Province of Maine
without any violence or hostility. They had seen Whalley and
Goffe in those parts, but on His Majesty's proclamation warrants
were immediately issued out against them and persons commissioned to pursue them, notwithstanding which they made their
escape. They acknowledge His Majesty to be their sovereign, and
submit to his authority; they never proclaimed or acknowledged
the late usurping powers, but conformed themselves to the rules of
their charter, and are willing to take the Oaths of Allegiance and
Supremacy in terminis, as is prescribed by their charter. They
confess the charge of coining money, having been necessitated to it
about 1652 for the support of their trade, and have not yet discontinued it, it being never excepted against, and submit this
matter to His Majesty and beg pardon if they have offended.
They deny putting any persons to death for matters of religion
only, but there being a law that no Quakers, being strangers,
should come into their Government, some did transgress it notwithstanding banishment, and were therefore executed; there are now
many Quakers living among them. As to the violation of the
Navigation Acts, there are perhaps some private persons who trade
indirectly not having understood them, but the Governor is obliged
to take bonds to hinder it, and will submit to His Majesty's orders
therein. The law against Christmas was made in the late troubles,
but not to their knowledge put in execution; they confess that
they collect small customs on imports for the support of the
Government. 2 pp. Col. Papers, Vol. XLI., No. 29; and Col.
Entry Bks., Vol. LX., p. 223, and Vol. CV., pp. 90–92.] |
|
352. "The case of the Governor and Company of the Massachusetts Colony in New England." The three patents are recited,
and the report of the Lords Chief Justices on the claims of
Mason and Gorges. The report excluded from the Massachusetts
Government the four towns of Dover, Portsmouth, Exeter, and
Hampton, parcel of Mason's claim. Not long after the Lord Chancellor informed the agents of the Massachussetts Company that
the King would pardon them for coining and other offences, and
grant them a license for coining in the future. The news of this
brought great joy into the colony, but the inhabitants of those
four towns, finding themselves excluded from the Massachusetts
Government, and that Mason had no right to govern them and so
were under no government, petitioned the King to continue them
under the Massachusetts Government by whom they have been
peaceably governed for the last 40 years. Hereupon the agents
besought the King for a grant of the government of the four towns,
because the inhabitants desire it, because the Government is vested
in the King, because a government there is absolutely necessary
for the prevention of distraction and violence, and that no other
government can so conveniently protect them, the Company being
content that there should be a saving to Mason or any other's
right. This petition being referred to the Lords of Trade and
Plantations, where it now depends, a petition is put in against the
grant by Mason and Gorges, but Gorges on examination disowns
the petition. The agents, having spent 15 months in England,
and the season of the year and their private affairs calling them
home, pray a hearing before the Committee and a grant of the
matter petitioned for, not doubting but at their return home to give
a testimony of the duty of the Massachusetts Company, who are now
resolved to give an entire obedience to the Trade and Navigation
Acts and to continue loyal to the King. 3 pp. [Col. Papers,
Vol. XLI., No. 30.] |
| July 20. |
353. Order of the King in Council. The Lords of Trade and
Plantations having presented a report on the matters of controvsrsy
concerning Massachusetts, and having on the 18th instant ordered
the agents of the Massachusetts and Mason and Gorges to attend
if they had objections to make, who not alleging anything material
to prevail with His Majesty and the Board, the report was confirmed and all parties ordered to acquiesce therein. 2 pp.[Col.
Entry Bk., Vol. LX., p. 221.] |
| July 20. |
354. Order of the King in Council. The Massachusetts agents
having offered in writing their answers to the objections against
the Massachusetts corporation, they are referred to the Lords of
Trade and Plantations to meet next Thursday, and on every
Thursday till they have brought the business to maturity.
2 pp. Annexed, |
|
354. i. The answer of the agents of the Massachusetts referred to,
ante No. 351. Premise that being sent over to answer
Mason and Gorges' petitions they come only prepared for
that, but as regards other things they answer as private
persons according to their best judgment. (1.) The oath
of allegiance: Is according to the substance thereof taken
by all magistrates, freemen, and those who take the oath
of fidelity though not in the from enjoined by law in
England; know of no objection against that form if it
is required. (2.) The protection of the Regicides: On
the coming over of the King's declaration of 6th June
1660 warrants were issued for the seizure of Goffe and
Whalley, who, conveying themselves away, were followed
by messengers of good repute for fidelity to the King;
these strictly pursued them through their colony into the
neighbour colonies, and were rewarded for their pains
though not able to overtake them. (3). The coining of
money: About 1652, the necessity of the country calling
for it in support of commerce, they began to coin silver
money to pass current in their own colony and not to be
exported, which money they have continued to coin, no
prohibition having been received from the King, for
which they implore the King's pardon, and beg that
the privilege being of prejudice to none yet extremely
useful to the colony may be continued under what impress
the King pleases. (4.) Putting to death for opinion in
religion: Some time before the King's restoration some
quakers were put to death, but not for their opinion in
religion only but because being strangers and turbulent
seducers in opposition to the laws in that case established
they did after conviction and banishment wilfully force
themselves in again, but for the time to come they suppose
no capital punishment will in such case be inflicted.
(5.) Opposition to the King's Commissioners in 1665 and
forcible expulsion of Justices of the Peace in 1668:
Cannot give a particular account of the reception of the
King's Commissioners as they were not then concerned
in the government, but know that many public respects
were paid them; acknowledge that after their departure
there was an alteration in civil government in Maine
which was with the desire and consent of the generality
of the inhabitants and not in any hostile manner; several
of the Justices themselves from a consciousness of their
own unfitness for the charge and the small effect it had
urged that change. (6.) Oath of Fidelity to the Government: An oath of fidelity is required to the King's
government by charter there established wherein the oath
of allegiance is comprised, there being no fidelity required
inconsistent with allegiance to the King. (7.) Violation
of the Act of Trade and Plantations: These acts have
not been observed strictly by some merchants but the
damage to the King is very inconsiderable compared with
what is reported, and there is no doubt that on due
consideration of the matter the Massachusetts Government will apply themselves to their duty in this; hope
that the King will experience their managery before any
other be employed therein. (8.) Collection of customs,
&c.: Goods exported pay no duty, but there are some
small customs on goods imported which with the excise
on taverns, alehouses, and the beaver trade, could never
be farmed at above 700l., which was thought necessary
for the support of Government and the ease of the
Planters on whom otherwise the burthen would have
been disproportionable. (9.) Making laws repugnant to
the laws of England: Acknowledge that they have only
power to make laws not contrary to the laws of England
and will take care there be no other. Endorsed, "Read in
Council July 20th 1677." 4 pp. [Col. Papers, Vol. XLI.,
No. 31; also Col. Entry Bk., Vol. LX., pp. 226–227.] |
|
355. Memoranda concerning New England. Charles I., by
letters patent dated 4th March in the 4th year of his reign created
the Governor and Company of Massachusetts Bay, a body corporate,
to have power to purchase and dispose of lands, to elect freemen of
the Company, to appoint those to direct its affairs, to make laws for
the welfare of the plantations and people, so as such laws were not
repugnant to the laws of England, to settle the forms of government, to name officers, to set forth their duties and the forms of
oaths to be administered to them, to impose lawful fines and
imprisoment or other correction according to the courts of corporations in England, and to dispose other matters whereby the people
may be peaceably, civilly, and religiously governed, and the natives
be won to the knowledge of God, which was declared to be the
principal end of the intended plantation. The oaths of allegiance
and supremacy were also recommended to the Company. It may
be seen from a book of the laws and liberties of the Massachusetts,
printed at Cambridge in New England, 1672, by order of the
General Court of Boston, how the Company, being a mere
corporation restrained by their charter to act according to the
Court of Corporations in England, has yet taken upon itself to act
contrary to the laws of England. (1). That no man's life should
be taken away nor good name stained nor person arrested nor
deprived of wife or children or goods unless by virtue of some
express law of the country established by a General Court and
sufficiently published, or in defect of a law by the word of God.
Qu. Whether the charter gives power to make such absolute laws
or any law extending to life, member, or banishment. (2.) That
the General Court consisting of Magistrates and Deputies is the
chief power of the Commonwealth which only has power to raise
taxes, dispose of lands, confirm proprieties, and may act according
to this power in matters of judicature, making of laws, impeaching,
sentencing, receiving, and hearing complaints. Qu. Whether the
charter gives power to raise taxes or make such absolute laws as if
it were a commonwealth. (3.) That any man conspiring or
attempting an invasion or insurrection or the subversion of the
government be put to death. Qu. Whether this does not show
how they forget that they are only a corporation without power
to put to death. (4.) That a mint be erected at Boston with
liberty to bring thither bullion, plate, or Spanish coins to be coined
into 12d., 6d, and 3d pieces, with the inscription Massachusetts
and a tree on one side, New England, the year of our Lord, and
the figure XII, VI, III, according to the value of the piece,
Qu. Whether treason be not here committed, the Corporation
dissolved and charter foreited. (5.) That no person shall join
persons in marriage but the magistrate or such other as the General
Court or Court of Assistants may authorise when no magistrate is
near, and that no one shall marry except before such magistrate or
person. Qu. Whether this law be not repugnant to the laws of
England, as marriage is of ecclesiastical jurisdiction, and should be
performed by the priest, and loyalty of matrimony ought to be
certified by the bishop. (6.) That persons excommunicated or
condemned have power to dispose of their estates. Qu. Whether
the Charter gives power to excommunicate or condemn, and if it
does, whether the law is not repugnant to the law of England.
Qu.Whether several laws be not repugnant to the laws of England
and above the power given by the Charter, e.g., to put to death for
adultery, to deliver a stubborn and rebellious son to the magistrates
to be put to death. 5 pp.[Col. Papers, Vol. XLI., No. 32.] |
|
356. An abridgement of part of the Massachusetts Charter,
showing them a Corporation of England to reside in England.
James I., by letters patent dated 10th April, in the fourth year of
his reign, granted to Sir Thomas Gates, Sir. George Somers, knts.,
and others, liberty to divide themselves into two colonies in the
parts of America between 34° and 45°, the first.colony to be undertaken by gentlemen and merchants of London, the second by
gentlemen and merchants of Plymouth. King James, 3rd November,
in the eighteenth year of his reign, established that the continent in
America lying between 40° and 48° N. lat. from, sea, to sea should
be the limits of the second colony, and be called New England in
America, and established a Corporation of 40 persons under the
name of the Plymouth Council, for planting, &c., New England.
Further, the Duke of Lennox, Marquis of Buckingham, and others,
to the number of 40, were confirmed the first Council, with power to
purchase lands, to sue and be sued, &c., and the Council was empowered to grant liberty of traffic to New England and possession
of lands, and to make laws, &c., so long as they were not repugnant
to the laws of England. This Council, 19th March, in the third
year of Charles I., in an indenture reciting how, the. Continent was
granted to be held by them, paying only to the King the fifth part
of the gold and silver ore, granted to Sir Henry Rosewell, Sir John
Young, knts., Thomas Southcot, &c., all that part of New England
within certain mentioned limits, to be holdern, of the King as they
had held it. Sir Henry Rosewell and the others obtained from the
King, 4th March, in the fourth year of his reign, a confirmation of
this grant, in which they were constituted a Corporation by the
name of the Governor and Company of Massachusetts Bay, with
power to purchase and alien lands, to choose a Governor, Deputy
Governor, and 18 Assistants for the government of the plantation.
Matthew Cradock was nominated first Governor, and Thomas Goffe
Deputy Governor; 18 Assistants were chosen: the Governor to have
the power of assembling the Company and to hold a Court once a
month, the Governor or Deputy Governor and seven Assistants to
be a sufficient Court, and on the last Wednesday in Easter, Trinity,
Hilary, and Michaelmas Terms one great general assembly to elect
freemen, appoint officers, make laws, &c.; the Governor and Assistants to be chosen yearly on the last Wednesday in Easter Term.
The Governor and Company to have liberty to export persons willing
to live there; all persons born in New England or on the passage by
sea to have the immunities of natural subjects. On the whole matter
foregoing it appears that the Plymouth Council was incorporated in
England to be resident there, and that the Massachusetts Company
was also intended to be resident in England, to hold their Courts there,
and not to have liberty to export themselves beyond the seas, and the
Governor and Company were empowered to delegate their authority
to their officers resident in New England. It appears also from the
docket that the Governor and Company were created a Corporation
to have residence in England like other corporations of England.
11 pp. [Col. Papers, Vol. XLI., No. 33.] |
|
357. Narrative of the State of New England. The English
plantation in America called New England cannot subsist without
a General Governor, for their petty governments, independent in
all respects, occasion differences that cannot be decided, as there is
no Court of Appeal, every colony having absolute authority with
different laws and judicature. These separate governments (six in
number from New Jersey-south to Duke's Province north) are not
able to defend themselves, much less make an attempt on an enemy,
whereas, united under one chief and with the militia under loyal
and good officers, the whole plantation would be in a ready posture
to defend itself (now an easy prey to every invader) and prove
very serviceable in case of a difference with France, especially in
sea affairs. The place abounds everywhere with good ports, all
kinds of victual, many able shipwrights, thousands of stout braw
fellows for sea and land service, with timber, pitch, tar, and
cordage, so that the King's ships might be refitted there with
expense of little time. Some object to the difficulty and hazard
that the inhabitants are all or almost of phannatick (sic) principles,
that their patents will be destroyed, that it will be an expenseful
undertaking, a continual charge, and no advantage. It is answered
that the inhabitants have been misrepresented by a factious party,
being generally desirous to be under the King's government. Was
in four of their colonies and made it his business thoroughly to
understand their inclinations, and found that from the minister to
the common people they all longed to have the King's authority
established. But before his coming away the Boston Government
(aiming by all methods at the general government of all New
England, and thinking to alien the people's affections by misrepresenting the King) gave out that the King intended to send
over some beggarly courtier to be their Governor, who would raise
20,000l. a year to maintain himself and his followers and set up
episcopacy. Hence the petitions to be continued under the Boston
government, signed by those who had declared their dislike to him
in private conference. But a declaration of sending over a General
Governor with the royal pardon, confirmation of lands to the legal
proprietors, and liberty of conscience in matters of religion, will
expel all jealousy and fear and make a happy reception to whomsoever the King shall recommend that trust. Their charters will
remain undisturbed, every corporation will enjoy their privileges
by virtue of the first charter granted to several of the nobility to
dispose of the lands in America; they had a power to establish one
General Governor, which power, on the surrender of the charter,
was reinvested in the late King, who appointed Sir Ferdinando
Gorges, but he was prevented by the wars from going over.
Money will be wanted for setting out a Governor, but the existing
customs and duties with some small appendants will honourably
contribute to his support. Great advantages will arise to the
Crown, the composure of the minds of the neighbours who have
attempted to set up for themselves, the presence of a discreet
gentleman will confirm the country in true obedience, the King's
authority and commands will be observed. The whole country will
have a pledge of the King's fatherly care that cannot be expected
from the Boston Government, that is hated for aspiring to the
dominion of the whole plantation on which depends the security of
the English West Indies. 3 pp. [Col. Papers, Vol. XLI.,
No. 34] |
|
358. Objections against the Massachusetts Charter. James I.
by letters patent, 3rd November, 18th year of his reign, created
the Council of Plymouth, and granted to them, their successors
and assigns for ever, all the land in America now called New
England, to be held as of the manor of East Greenwich, and
granted full and absolute power of government, and that no one
should inhabit within the said territory without the license of the
Council. Objections to the Massachusetts Charter of 4 Charles I.
(1.) The grant of lands pretended by the Massachusetts from the
Council of Plymouth, 19th March, 3 Charles I., to Sir Henry
Rosewell and five other persons never took place. (2.) These lands
were long before granted by the Plymouth Council to Lord Gorges,
Mason, and others. (3.) The patent of 4 Charles I. was only a
confirmation of the pretended grant, and was not inntended to
operate as a new grant. (4.) The King by his patent of 4 Charles I.
grants no lands to the Corporation of Massachusetts Bay, but only
confirms lands pretended to be granted to certain persons in their
private capacities. (5.) King Charles could not grant any lands
or government in New England during the continuance of the
Plymouth Council. (6.) All the powers granted to the Massachusetts, 4 Charles I., were vested in the Council of Plymouth, and
so continued long after 4 Charles I. (7.) At. the time of the patent
of 4 Charles I. the jurisdiction and government remained with the
Council of Plymouth. (8.) The Council of Plymouth did not
divest themselves of these powers till 11 Charles I., when they
surrendered their Charter to the King. (9.) The Massachusetts
patent of 4 Charles I. cannot begin to be valid after this surrender
in 11 Charles I. Proceedings of Charles I. against the Massachusetts: On many complaints of the horrid violence committed
by the Massachusetts the King commanded the Council of
Plymouth to give him an account of what people they were, and
finding that a grant had been surreptitiously obtained under the
great seal, a Quo Warranto was brought (11 Charles I.) against all
the members named in the patent of 4 Charles I. The Governor,
Deputy-Governor, and major part disclaimed the Charter, the rest
were outlawed, and judgment was given that the liberties of the
Massachusetts Corporation should be seized into the King's hands,
and the Governor Matthew Cradock be taken into custody,
whereby the King determined his grant of 4 Charles I.; not above
five persons named in the patent even inhabited in New England.
An Order in Council was directed to the Attorney-General to bring
in the Charter to the Council Board, and it is supposed it was
brought in and cancelled. The wars immediately ensuing in
Scotland and England there was no more done, only Sir Ferdinando
Gorges was constituted General Governor over New England, but
the rebellion stopped his going over, he serving the King in his
wars in England. Crimes committed and powers usurped by the
Massachusetts: (1.) Erection of a public mint and coining of
money with their impress. (2.) Putting to death for matters in
religion and otherwise. (3.) Making laws repugnant to the laws
of England. They had invaded the neighbouring colonies and
forced them to submit. (5.) Levied taxes, &c., by their own
authority. (6.) Denied the inhabitants the exercise of the religion
established in England. (7.) Denied appeals to England. (8.)
Violated the Acts of Trade and Navigation and all other His
Majesty's laws. (9.) Declared themselves a commonwealth and
acted accordingly. (10.) Protected Goffe and Whalley, the late
King's murderers, although demanded to be delivered up. (11.)
Opposed by force the King's Commissioners in 1665, and without
the limits of their patent. (12.) Turned out by force the King's
Justices of the Peace in 1668. (13.) Have not taken nor do
administer the oaths of allegiance and supremacy as commanded in
their patent. (14.) Have enforced an oath of fidelity to be taken
to their government by both inhabitants and strangers. (15.) Have
granted commissions in their own name. (16.) Deny baptism to
children of those not in church fellowship. (17.) Have fined
people for not coming to their meeting-houses, and whipped others
for not paying the fines. (18.) Have forbid, under a penalty, the
observation of Christmas Day, and other festivals of the Church.
(19.) Impose a duty on all shipping not built within their jurisdiction. (20.) Have altered the number of their assistants from
18 to 10. (21.) Have changed the days of their General Courts,
and contracted the number from four to two yearly. (22.) Have
erected and annexed the Court of Deputies to make laws. (23.)
Pretend to an absolute authority. (24.) Alone pay no acknowledgment and own no service to the Crown. 3 p. [Col. Papers,
Vol. XLI., No. 35.] |
|
359. Brief of the prosecution against the Massachusetts Charter.
Sir John Banks, knight, Attorney-General, in Trinity Term,
11 Charles I., prosecuted in the King's Bench, Westminster, Sir
Henry Rosewell, Sir John Young, knights, and others mentioned
in the charter of 4 Charles I., Freemen of the Company of
Massachusetts Bay, for having claimed and used the liberties, &c.,
therein granted without warrant as to be a body politic by the
name of Governor and Company of Massachusetts Bay. That
amongst other things, they had used to have one Council in
England and another in Massachusetts Bay, to call assemblies of
their Company, to make laws concerning the property of the
freemen and others being in their plantation, to imprison and fine
those who refused obedience, and to levy fines for their own use;
to export out of England any manner of persons and to rule and
govern in their passage and upon their plantation. That they
claimed authority to export all manner of goods prohibited by the
laws of England, to export all manner of arms and stores without
paying any customs to the King, to exact from all trading to their
plantation not of their Company sums of money, to imprison those
who refused, to have the sole allowance of goods to be brought out
of their plantation, to prohibit all persons not free of their Company
to transport goods out of England to them, to impose fines on and
imprison persons trading to them with merchandise, to use military
force when they pleased, to examine without oath any persons they
pleased in any matter and to proceed to trial, sentence and execution
concerning life and member, lands, &c., against the statutes of
England and in contempt of the King's prerogative. Thereupon
final judgment was obtained against the Company in default of
answer, that their liberties should be seized to the King, and that
Matthew Cradock should forbear any further meddling therein
and that his body should be taken and imprisoned. 3 pp. [Col.
Papers, Vol. XLI., No. 36.] |
| July 20. |
360. Order of the King in Council. His Majesty having by
Letters Patent of 8th July 1675 appointed Thomas Lord Culpeper,
Governor of Virginia, to take effect after the death or surrender of
Sir W. Berkeley then Governor there, and Lord Culpeper attending
was commanded to take the oaths which he did accordingly.
[Col. Entry Bk., Vol. LXXX., p. 150.] |
| July 20. |
361. Petition of Merchants and Traders to your Majesty's most
flourishing island of Jamaica and the Western Plantations to the
King and Privy Council. That the Governor of Havanna has
fitted forth several vessels which have seized English ships and
robbed them and interrupted the whole navigation and fishery
declaring all ships good prize that had anything on board of the
"growth of the Indies although sugars growing in Jamaica." That
there are hundreds of His Majesty's subjects, besides those sent to
the galleys and mines, slaves at the Havanna in a much worse
condition than the slaves in Turkey. Pray His Majesty to give
such orders that petitioners may be encouraged to continue their.
traffic and have security from the hostilities of the Spaniards
"Read in Council 20 July 1677." [Col. Papers Vol. XLI.,
No. 37.] |
| [July 20.] |
362. Petition of Martin Stamp to the King and Council. Sets
forth the robbing, torturing, and murdering of petitioner's brother,
Timothy Stamp, by the Spaniards, and prays for letters of reprisal
to reimburse himself for losses and damages amounting to 5,000l.
There are previous petitions and papers of Martin Stamp abstracted
in the previous volume of this Calendar, Nos. 642, 687. [Col.
Papers, Vol. XLI., No. 38.] |
July 20/30;.
Barbadoes. |
363. Governor Sir Jonathan Atkins to Lords of Trade and
Plantations. All things well and peaceable with seasonable
expectation of a good crop and great plenty of all ground provisions. Can give little account of the French since their last
engagement with the Dutch at Tobago, who are there in great
misery by sickness and want of provisions, and would have been
starved if not relieved from hence and if not speedily relieved from
Holland that will be their fate yet. Their plantation at Surinam
not in much better condition; supplied the Governor's garrison last
week with provisions, which is surely a poor one. Much joy and
thankfulness of the people to His Majesty on the arrival of the
Constant Warwick. "Rec. 21 Sept." [Col. Papers, Vol. XLI.,
No. 39, and Col. Entry Bk., Vol. VI., pp. 184–185.] |
July 23.
Jamaica. |
364. Governor Lord Vaughan to Secretary Sir Joseph Williamson. Refers to his previous letter of 14th May (see ante, No. 243)
about his seizure of negroes piratically taken, that they have been
condemned in the Admiralty and sold in pursuance of the sentence.
Has since understood that Governor Douncker of Cura¸ao and two
merchants there are the owners, so has written to the Governor if
he will send sufficient procuration hither the agents shall immediately receive their effects. Has given this account "that you
might satisfy the Dutch Ministers in the justice of this government
and what extraordinary care I have taken to do full right to His
Majesty's allies."1 p. [Col. Papers, Vol. XLI., No. 40.] |
| July 23. |
365. Journal of the Assembly of Jamaica. Voted that members absent who could not make satisfactory excuse to the House be
fined twenty shillings. |
| July 24. |
"Captain James Browne and the depositions thereupon read," and
because the business is of that consequence that it ought maturely to
be considered, Committee sent to acquaint the Governor that Captain
Browne had petitioned the House to have the benefit of the Act of
Privateers and that they were informed he was to be executed
to-morrow, wherefore the House desired he might be reprieved until
Tuesday that they might have time to confer whether his business
comes within the Act. The Gentlemen on their return reported the
Governor could not be spoken to. Mr. Scroop called upon to give
his account of Benjamin Whitecombe's estate; proceedings on
Scroop's report; Act to be drawn for the sale of said estate for
payment of deceased debts. Debate on Captain Browne's business
and Committee again sent to the Governor about reprieving him.
The Governor's written answer, that he has pardoned eight of those
criminals who by verdict of jury were sentenced to death, but
cannot in justice think Captain Browne a fit object of mercy and
believes that hindering the sentence of execution will be of evil
example and bad consequence. Voted that a further written address
be sent to the Governor in which the Assembly urge that if this
execution take place all our privateers which are out may think
this Act a snare and possibly make those already in go out again
as they do not enjoy the security they expected and so become
most dangerous enemies and they desire a few days reprieve for
Browne. Reply of the Governor that he had already given his
mind in writing and did not share their fear of discouraging other
privateers for the reasons stated. |
| July 25. |
Report on the late rebellion of Negroes to be brought in.
Voted that there be further examination of Captain Browne's trial. |
| July 26. |
Petition of Captain Browne read, that when he claimed the
benefit of the Act no notice was taken by the Court, but he was
condemned and his writ of execution signed. Voted that the
warrant for the execution of Captain Browne be suspended.
Warrant from the House to the Provost-Marshal commanding him
in His Majesty's name to forbear the execution of Captain Browne
notwithstanding any warrant issued as he shall answer the same
at his peril. The Speaker and Assembly sent for to attend the
Governor who signed several Acts and then dissolved the House.
[Col. Entry Bk., Vol. XXXVII., pp. 180–182.] |
| [July 24.] |
366. Reasons to prove the Massachusetts Patent of 4 Charles I.
void in point of law, both as to land and government. As to land:
(1) the grant of lands pretended from the Council of Plymouth,
19th March, 3 Charles I., is merely fictitious; (2) the Massachusetts
cannot produce the grant or any record thereof; (3) the lands
pretended to be granted were long before sold to John Mason and
others; (4) the patent of 4 Charles I. intended only a confirmation
and, there being no grant from the Council of Plymouth, the King
was deceived; (5) the King grants no lands to the Massachusetts
Corporation but only confirms the lands (pretended to be granted)
unto certain persons, so that as a corporation they cannot pretend
to any land; (6) the King could not grant any lands in any part of
New England within the patent of the Plymouth Council during
their lawful continuance. As to government: (1) the patent of
incorporation was grounded on a supposed grant of lands, there
being no such grant it is void; (2) all the powers granted to
Massachusetts 4 Charles I. were absolutely vested in the Plymouth
Council 18 James I., nor can both grants stand together, and therefore the first shall take place; (3) at the time of the patent
4 Charles I. all New England was under the government of the
Plymouth Council, which did not divest itself of the power of
government till 11 Charles I when a solemn surrender of the charter
was made into the hands of the King; (4) the Massachusetts
patent cannot begin to be valid after the surrender of the charter
of the Plymouth Council, for Quod ab initio non valet, tractu
temporis non convalescit; (5) Charles I. in the 11th year of his
reign caused a Quo Warranto to be brought against the members
named in the patent, whereof the major part appeared at the King's
Bench Bar and disclaimed the charter, the rest were outlawed and
judgment given that the liberties of the Corporation be seized into
the King's hands, and the body of Mathew Cradock (the nominal
Governor) be taken into custody for usurping these liberties, whereby
the King determined and made void his own grant. "Recd 24th
July 1677 from Mr. Mason." Two copies. 2 pp. [Col. Papers,
Vol. XLI., Nos. 41–42.] |
| July 24. |
367. "A list of [Thirty] Acts passed at the General Assembly in
Maryland, March 1638. Received from the Lord Baltimore the
24th day of July 1677." N.B.—The earliest Acts abstracted in the
first Volume of this Calendar, page 316, are dated in 1640. Also
the titles of eight other Acts and of ten Acts passed 3rd May 1682.
4 pp. [Col. Papers, Vol. XLI., No. 43.] |
| July 25. |
368. Minutes of the Council of Jamaica. Ordered that a Proclamation be issued for full and ample satisfaction to all who have been or
are out in any Foreign Prince or State's service, particularly as many
of the Captain's names as can be thought of to be drawn by five of
the Council. Ordered that the respective captains and masters of
vessels that shall arrive in this island claiming the benefit of the
Act for serving under any Foreign Prince, give within three days
of his arrival the names of such persons as they bring in their
vessels, and that the Secretary make entry in a book to be kept at
his office. Proceedings on various Bills. |
| July 26. |
Speech of the Governor to the Speaker and Assembly dissolving
the Assembly. |
| July 27. |
Relation by the Governor of his proceedings in reference to
Captain Browne who took upon the coast of Carthagena a Dutch
vessel with near 200 negroes aboard. The Treasurer's account from
September 1676 to April 1677. The Governor communicated to the
Assembly that he would order writs to issue out immediately for
the next Assembly that they might meet on 6th September. Petition
of John Purseley to the Governor and Council, that he was shot
in the shoulder in the King's service against the enemy and is
disabled from working, prays for relief for his maintenance, referred
to Dr. Richard Herne to examine petitioner's wound, and in the
meantime to be allowed 5l. sterling more. Order about levying
executions and selling goods and chattels on writs. [Col. Entry Bk.,
Vol. XXXV., pp. 603–613.] |
| [July 26.] |
369. The Royal African Company to Lords of Trade and
Plantations. Have received copy of Sir Jonathan Atkins letter
(see ante, No. 241), and offer as their opinion that permitting
Spahish ships to come to His Majesty's plantations to buy negroes
will be of great advantage to all His Majesty's subjects, especially
those inhabiting in and trading to His Majesty's Plantations as
also to the Royal African Company, in order thereto that they may
have free liberty to buy negroes of the Company, and of whom
they please and receive all due encouragement from the respective
Governors. "Rec. 26 July. Read 8 Nov." [Col. Papers, Vol. XLI.,
No. 44, and Col. Entry Bk., Vol. I., pp. 76–77.] |
| July 26. |
370. [Sir Robert Southwell] to Sir John Werden, Secretary to the
Duke of York. The Lords of Trade and Plantations having been
acquainted by Colonel Stapleton, Governor of the Leeward Isles, of
the great inconvenience to His Majesty's service in those parts for
want of a Commission to him from His Royal Highness to be his
Vice-Admiral throughout his government, request that a Commission
may be granted to Governor Stapleton. Encloses, |
|
370. i. Reasons for a Commission of Admiralty. [Col. Entry
Bk., Vol. XLVI., pp. 227–230.] |
July 27.
Whitehall. |
371. Journal of Lords of Trade and Plantations. Their Lordships debate the business of New England, and the necessity of
bringing those people under a more palpable declaration of their
obedience to His Majesty, and that they may be of use to him in
times of necessity, which hath hitherto remained too long undecided. Therefore, having agreed on several heads, the agents are
called in and told: — (1) That their mathematical line, whereby
they pretended to extend the limits of their patent, was an
imaginary thing and no longer to be thought upon by them, but to
confine themselves to the limits lately reported by the Judges;
(2) As to the propriety of the soil in Maine, if they will not
agree to the pretensions of the claimers, it shall not be left to their
will, but His Majesty will constitute some third authority to
determine therein according to justice; they were advised to retract
their rash declaration of abandoning Maine, if their authority to
govern it were set by, as it was part of His Majesty's dominions,
and ought not by any of his subjects to be abandoned to his enemies;
(3) That they had transgressed in presuming to coin money, which
is an act of sovereignty; that though His Majesty may upon
application grant them a charter containing such a power, yet they
must solicit his pardon for the offence that is past; (4) The Act of
Navigation must for the future be religiously observed; (5) That
there were great defects in some of their laws, and they must
expect change, and to this effect it was recommended to His
Majesty's Counsel to point out such as should need amendment;
(6) That although they might think their attendance here long, it
was necessary and perhaps useful to themselves, and although they
might not be qualified with power sufficient to authorize them in
all these matters, they were to know that His Majesty did not
think of treating with his own subjects as with foreigners and to
expect the formality of powers, but having resolved to do all
things that were fit for them and consistent with his own service,
they might from time to time intimate the same to their principals,
and give their attendance on Thursday next. The agents excuse
the mistake of that rash expression about abandoning the defence
of Maine; their principals had done otherwise, and should still
think themselves obliged to continue in case of danger; they excuse
their want of sufficient powers, but are ready to obey in all things
that in them lies. Their Lordships tell them that His Majesty
will not destroy their charter, but rather by a supplemental one
set all things right that are now amiss, and their charter of
4 Car. I. should be inspected, and, according as they administered
the power therein given, so should they be measured and considered. The charter ordered to be sent to Mr. Attorney and
Mr. Solicitor, to examine whether the authority of the Crown be
sufficiently preserved, as it may be more advisable to measure their
behaviour according to the rule of the charter than wholly to
overthrow it by what Mr. Mason alleges sufficient for that effect.
That it be observed how far their power extends of making laws
and levying taxes, especially on imports and exports; their Lordships think that no laws of this kind should pass without receiving
His Majesty's approbation, and no taxes be raised but in His
Majesty's name and by His Majesty's appointment to the uses of
the government, and that their method of swearing all to be true
to that government be abolished. |
|
Mr. Secretary Williamson acquainted their Lordships that
Virginia was still in a very unsettled condition, so that their
Lordships appointed the Lord Culpeper and Colonel Parks to
attend on Thursday next, and that the papers relating hereunto
be laid before their Lordships, to determine upon all the points of
difficulty that therein occur. [Col. Entry Bk., Vol. CV., pp. 95–98.] |
| [July 27.] |
372. Representation of the Commissary of the Dutch West
India Company to the King. That Captain James Browne
piratically took the ship Sun on the coast of Carthagena, and 200
negroes belonging to said Company, and landed them at Jamaica,
which the Governor seized, and were by the Judge Admiral ordered
to be sold and the proceeds secured to the rightful owners. Having
proved the right of the Dutch West India Company, prays the
proceeds may be assigned to Sir Thomas Modyford, acting by virtue
of procuration for said Company. With Minute of Council held at
St. Jago de la Vega, 1677, July 27. Endorsed, "Rec. Jan. 22 and
read in Council Jan. 24, 1679. 3 pp. [Col. Papers, Vol. XLI.,
No. 45.] |
|
373. Abstract of the laws in Massachusetts relating to assessments, customs, excise, and militia. Every inhabitant to be
compelled to contribute to all charges in church and commonwealth by assessment and distress; lands to be rated where they
lie, persons where they dwell. All persons, except magistrates and
elders of churches, to be rated at 1s. 8d the head, and all estates,
both real and personal, at 1d. every 20s., the estates of merchants,
shopkeepers, factors, &c., to be assessed by rule of estimation at
the will and doom of the assessors; if they can make it appear
that they are over-valued, they may be eased by the assessors,
otherwise by the next county court; houses and lands to be
valued at an indifferent rate in places where they lie; cattle to be
valued thus, every bull and cow of four years old and upward
at 3l., every ox of like age at 5l., heifers and steers between three
and four years old at 50s., and between two and three at 40s.,
every horse and mare of three years old and upwards at 5l.,
between two and three at St., 3l., and between one and two at 30s.,
ewes and heifers of one year at 10s., goats at 8s., swine at 20s.,
and asses at 40s.; all cattle under a year old are exempted, as also
all corn and hay in the husbandman's hands, because the lands and
cattle are rateable as aforesaid; important persons are exempted
from paying the poll; the Commissioners to perfect the assessments
in the first week of the seventh month at the respective shire
towns, and to transmit copies to the Treasurer, to make warrants
to the constanbles to collect and levy the same by the twentieth day
of the ninth month yearly; strangers to be rated according to the
cargoes they bring into the country, and in case of refusal to
give a true account of their estates, the select men are empowered
to assess them in proportion to a single rate by will and doom as
inhabitants of the country are rated; the ministers of God's word
regularly ordained over any church to be free of all rates and
taxes. Customs: All persons importing wine or strong waters
(except directly from England as their first port) to make just
entry of all their goods before bringing them on shore on pain of
forfeiture, half to the country and half to the officer, and to pay
customs for wines according to these rates: for every butt of Fayal
wines, or others of the Western Islands, 5s., for Madeira wines,
6s. 8d. a pipe, for sherry, sack, Malaga, Canary, muscatels,
malmoies, and other wines from the Straits, bastards, tents, and
Allicants 10s. a butt, French wine 2s. 6d. per hogshead, strong
water 10s. per hogshead; besides these, all merchants of stranger
ships to pay at the rate of 6d. a ton for every ship out of the
merchandise that they sell, and the master of every such ship, 10s.,
but no English ship or ships of confederates to pay the 6d. a ton,
but only 10s. for every ship above 200 tons, and 6s. 8d. for every
ship of less burden; all goods imported except fish, wool, cottonwool, salt, and other things exempted, to pay for every 20s. value
1d. every 100l. worth of goods at the port whence they came to
be valued at 120l.; for all cattle brought into their jurisdiction to
be sold, killed, or transported, the rate before mentioned to be
paid for every head on penalty of forfeiture. Excise: For every
hogshead of cider, ale, and beer sold in public houses 2s. 8d., and
for mum 5s. Several fines bringing in a large revenue, such as:
for galloping in Boston streets 3s. 4d., for playing at shovel board,
bowling or other game, the house to pay 208., and every person
playing 5s.; persons playing for money to forfeit treble value of
the money played for, half to the informer, half to the Treasury;
every person dancing in ordinaries to pay 5s.; every person
offending by observing Christmas to pay 5s.; every person bringing
playing cards into the jurisdiction, or playing with them, to pay
5l., half to the informer, and half to the Treasury. The Militia:
The military forces of Suffolk, Middlesex, and Essex to be under
the command of the sergeant-major in each county, and the militia
of Norfolk to be under the command of the Major of the Essex
regiment; every sergeant-major once in three years to draw his
regiment in a convenient place to instruct and exercise it in
military discipline, and to have for this 20l. allowed him out of
the Treasury of the country, and if he thinks fit, to require the chief
officers of each company to meet and settle the particular company and may impose fines on delinquents for defects in arms,
ammunition, &c., and to give orders to the clerks of the company
to take distress within a month; the regiments being increased
from three to six are to meet each in the counties of Suffolk,
Norfolk, Middlesex, Yorkshire, Essex, and Hampshire; 64 soldiers
besides officers to form a foot company, and to have two drums;
commission officers to be chosen by the General Cóurt, or in case
of emergency (except the Major-General and Admiral) by the
Council of the Commonwealth; the officers of each company to
attend to the complete arming of the company, of which two-thirds
shall be musketeers and the rest pikes; the chief officers may
punish the soldiers' disorders with any usual military punishment, or by fines not exceeding 20s., or may hand them over to
the magistrate; the pikeman to be furnished with corslet, headpiece, sword, and snap-sack (or by a buff or quilted coat, instead
of a corslet), the musketeers to have in readiness musket, priming
wire, warm scourer, mould, sword rest, bandoliers, 1 Ib. of powder,
20 bullets, and two fathom match, under penalty of 10s. for every
defect, and so must all inhabitants under like penalty (except
magistrates, elders of churches, &c.); all persons above 16 to
attend military exercise in training, watching, warding, &c., under
penalty of 5s., except magistrates, deputies, officers of courts,
elders, &c. 5 pp. [Col. Papers, Vol. XLI., No. 46.] |
|
374. Petition of Alexander Culpeper, Administrator of the
estate of Sir William Berkeley, late Governor of Virginia, to the
King. There remains unpaid the salary of Sir William Berkeley
for a considerable time before his death, which is now legally due
to his widow, Lady Berkeley; prays that His Majesty will send
orders to the Governor in Virginia to direct the payment of
all such moneys due to Midsummer last out of the first public
moneys raised for that purposes. 1 p. [Col Papers, Vol. XLI.,
No. 47.] |
