|
Aug. 1.
Jamaica. |
375. Peter Beckford, Clerk of the Council, to Secretary
Williamson. Sends the Acts already passed. The Assembly met
9th April last, and sat after two adjournments till 26th July; they
had prepared more Acts, but some difference arising, the Governor
after he had consented to these Acts, dissolved them, and new
writs are out for a new Assembly to convene 6th September.
Supposes they may finish all there is to do in a week. The last
difference arose from one Browne, a privateer, taking a Dutch ship
freighted with negroes, to trade with the Spaniards. Relates the
circumstances. At least 300 come in since the passing of the Act
against serving under a foreign prince. Men will not venture their
lives to serve the French, it being death by said Act to do so.
Several Spanish towns taken by the French of late at the taking of
Sta Martha, they had about 100 English, who have all since come
in upon the Act. Some of the prisoners taken brought to Jamaica
by the French. Begs to be favoured with an open letter of
recommendation to deliver at the arrival of the Earl of Carlisle, as
Williamson gave him to Lord Vaughan. 2½ pp. [Col. Papers,
Vol. XLI., No. 48.] |
| Aug. 1. |
376. Thomas Watkins to Secretary Sir Joseph Williamson.
Sends papers which came to his hands this day by a master of a
Virginia merchantman (the enclosures are the letters of 28th April
and 11th June of Governor Berkeley and Lieutenant-Governor
Jeffreys, see ante, Nos. 198, 293). [Col. Papers, Vol. XLI.,
No. 49.] |
Aug. 2.
(Whitehall). |
377. Journal of Lords of Trade and Plantations. Debate upon the
business of Virginia and upon expedients to quiet the minds of the
people there. Notice taken of certain laws made since the Rebellion
for restitution of plundered goods, and that His Majesty's Proclamation for General Pardon did not hinder such restitution, but did
only pardon the crime against his authority, also of a proclamation
of Sir W. Berkeley contrary thereto. It is conceived much for
His Majesty's honour as for the quiet of that place to issue a new
proclamation confirming the former, and absolutely pardoning as
to the crime of rebellion all that laid hold on the conditions of
the same. Lord Culpeper and Colonel Parks examined in reference
to the estates confiscated. Agreed to report to His Majesty that a
proclamation may issue in Virginia to disannul whatever the
Governor did in derogation of what, in His Majesty's name, was
first proclaimed, and that restitution be made of all confiscations
made by the Governor upon his proceedings contrary to the King's
proclamation. Restitution of goods found in the hands of any
that "partaked" in the Rebellion to be made to the lawful owners.
Objections to a law passed since the Rebellion; that part relating
to incapacitating those concerned in the late Rebellion from bearing
office to be reconsidered. These Minutes to be sent to Mr. Secretary
Coventry, and further proceedings respited till his health permit
him to be present. Lord Culpeper, Governor of Virginia, to have
access to all Virginia papers in the Plantation Office. 3 pp. [Col.
Entry Bk., Vol. CV., pp. 99–101.] |
| [Aug. 2.] |
378. "Objections against the laws of New England by Mr.
Attorney." P. 1. Offences made capital which are so by the word
of God; if by the word is meant the Mosaical law the obligation
ceaseth and the patent will not in many instances be fit to be
followed by Christians, e.g., to make it death to gather sticks on the
Sabbath, and many others. P.15. Stubborn son on complaint of
father or mother to be put to death. Part of the Mosaical law
which makes it suspicious what is meant by the word of God; the
law against the stubborn son took its original from the power of
life and death which parents anciently had which by consent hath
been long since disused. Pp. 12, 13. Burglary and robbery not
punishable with death till the third offence. P. 15. Rebellion only
such as is against the Commonwealth. P. 34. General Court called
the chief civil power in the Commonwealth. P.58. Fine of 5s.
for the observance of Christmas. P. 102. Civil marriage. P. 132.
Penalty for walking in streets or fields, and for children playing on
the Sabbath. P. 119. No provision for taking the Oath of
Allegiance by common persons. Pp. 163, 164. The preamble of the
oaths taken by the officers too restrictive, viz., "considering how
I stand obliged to His Majestie by our Charter and the Government thereby established." P. 167. In the oath of a major of a
regiment and other inferior officers no obedience sworn to the King.
P. 117. Power assumed to coin money. P. 154. To make money
current. "Recd. 2 Aug. 1677." 1 p. [Col. Papers, Vol. XLI.,
No. 50; also Col. Entry Bk., Vol. LX., p. 231.] |
| Aug. 2. |
379. Massachusetts laws repugnant to the laws of England
[Presented by the Attorney-General] comprised under these heads:
Civil privilege; liberty to dispose of estates; apparel; capital laws;
power of courts; ecclesiastical laws; magistrates' election; freemen;
dancing and gaming; observation of Christmas; marriages; coining
of money; oaths; torture; drinking of healths; entertaining
strangers; possession of lands, Anno 1672; single women not to
entertain lodgers; oppression in trade; impressing soldiers. 1 p.
[Col. Papers, Vol. XLI., No. 51; also Col. Entry Bk., Vol. LX.,
p. 231.] |
| [Aug. 2.] |
380. Case on the Patent of the Massachusetts Corporation. The
Patent confirms the right of soil and erects a corporation; the
common privileges of corporation are granted with the reserving
clause that the laws, &c. be not repugnant to the laws of England.
The Company have not jura regalia, but by virtue of their patent
have erected courts and digested the laws into a volumn in 1650–51.
These laws are (1) defective (a) in making no provision for High
Treason, (b) in not requiring the oaths of allegiance and supremacy
as the laws of England direct; (2) objectionable (a) in the style,
the word commonwealth being used, (b) in comprising under heresy
several punishments disproportionate to the offences as by banishment and death, the pecuniary penalty for keeping Christmas day
ought to be struck out; (c) in appointing civil marriage; (d) in
the law that none shall be put to death without the oath of two
or three witnesses, which may be a means of encouraging murder
and other great offences. These instances are put as a guide that
the Massachusetts may proceed according to their patent that they
must act according to the laws of England. Signed by Sir Fra.
Winnington, Solicitor-General, 1 August 1677. Underwritten,
"Read 22 Aug. "77." 2 pp. [Col. Papers, Vol. XLI., No. 52; also
Col. Entry Bk., Vol. LX., p. 231.] |
Aug. 2.
Whitehall. |
381. Journal of Lords of Trade and Plantations. Read a
Catalogue of Laws sent in by the Attorney and Solicitor General
passed by the Government of New England which are repugnant
to the laws of England, and their Lordships find much reason to
advise His Majesty-to write to New England for the abolishing all
these laws. Mr. Attorney acquainted their Lordships that the
Agents were in a manner ashamed of them, only as regards that
concerning the observation of the Lord's day they seemed somewhat tenacious. Their Lordships take notice from the complaint
of Mr. Randolph that although the law limiting the Government
to Church members was "abolished," yet the practice had
been all along quite otherwise. Touching the principles and
discourses of Governor Leverett, savouring of very little obedience
to His Majesty, their Lordships deliberated upon it as a point
much importing His Majesty's service that no Governor there should
be established and confirmed without His Majesty's approbation,
some of their Lordships added his Majesty's Commission, but this
was thought at present unseasonable. The Agents were called in
and several points repeated to them, more particularly the many
repugnances found in their laws against those of England, all
which His Majesty would expect to have repealed; that His Majesty
would not suffer the abuse of the Navigation Act to continue, but
they should receive an officer of the customs to see that Act in
His Majesty's behalf fully conformed to. The Agents replied that
as regarded Church members only they knew of no such practice
as that complained of, but that any freeman is capable of being
Governor, that several freemen are not Church members and that
'tis not the point of opinion in religion but the number of votes
that prefers one and lays by others according to their constitution.
And their Lordships seemed to acquiesce in this answer. The
Agents were further told that their Principals were faulty in raising
taxes on the King's subjects who traded with them, so that they
must expect to undergo the amendment of these and other abuses,
and attend the Attorney-General, (1) to observe his objections to
their laws, if they can allege anything why they should not be
abolished; (2) for the model of a pardon from His Majesty for
coining money without authority; (3) for an additional Charter to
give them power to coin money and make foreign coins current in
that country; (4) for Mr. Attorney te report how he finds His
Majesty's authority preserved in the present Charter. The agents
were also ordered to give in a list of the Plantations which by the
Judge's late report are outside the Massachusetts government that
they may the better advise His Majesty how they might be governed
Mason is called in and prays that the Agents might before their
Lordships disclaim any title to the soil of his province. The Lords
acquaint Mason that if they do not agree to give him his own there
is a third power to be erected for the decision of what he and
Gorges claim. After the Agents had spoken Mason is told they do
disclaim title to anything Mason has title to. [Col. Entry Bk.,
Vol. CV., pp. 101–104.] |
Aug. 3.
Whitehall. |
382. Secretary Sir Henry Coventry to Herbert Jeffreys, Lieutenant Governor of Virginia. Thomas Webb goes to Virginia to
obtain satisfaction of Robert Spring an inhabitant for a considerable
sum of money due to him for goods and money supplied to said
Spring, who it seems, thinking himself secure by the remoteness of
the place where he is, will neither give satisfaction nor come to any
account. Webb is altogether a stranger, both as to the country and
their laws, and hath desired a few lines of recommendation to
"your favour in his person and to your justice in his affairs," which
Secretary Coventry has no doubt he will extend to him. [Col.
Entry Bk., Vol. CX. p.114.] |
Aug. 5.
Jamaica. |
383. Sir Thomas Lynch to Secretary Williamson. Was to have
waited upon him with the further advice received yesterday from
Jamaica. Governor Vaughan's endeavours to restrain the Governor
of Sta Martha and other Spanish prisoners aboard Captain Legarde,
proved ineffectual, "the French being obstinate and damnably enraged
the English had left them" for divers of our privateers are come in
since that upon the Act. The Bishop of Sta Martha still here,
Governor Vaughan is hiring a vessel to send him to Carthagena with
which he is exceedingly pleased. My Lord and the Assembly have
not agreed, so he has dissolved them. Relates the circumstances of
the taking of a Dutch negro ship by one Browne a Scotchman, who
had a commission from Mons. Ogeron, Governor of Tortugas, who
has been dead above a year; the trial and condemnation of Browne
and his Company for piracy, Browne was ordered to be executed,
his men being pardoned, but he petitioned the Assembly that he
might have the benefit of their Act, who petitioned the Governor for
a reprieve, but he sent orders for immediate execution "whereupon
the fellow was hanged." Half-an-hour after the Marshal came
with an order signed by the Speaker to observe the Chief Justice's
writ of habeas corpus which had been granted, but superseded by
the Governor's order. My Lord resented this proceeding and
immediately sent for the Assembly which after reproving he
dissolved. 2½ pp. [Col. Papers, Vol. XLI., No. 53.] |
Aug. 6.
Whitehall. |
384. Secretary Coventry to the Lieutenant-Governor and Council
of Virginia. It having pleased God lately to take Sir William
Berkeley out of this life, His Majesty hath declared Lord Culpeper,
Governor of Virginia according to his former grant under the great
seal, and intends to dispatch him with all speed to take charge of
that Government. In the meantime the management thereof is
recommended to their care in their joint and several stations until
Lord Culpeper's arrival which, according to His Majesty's especial
injunction and the assurance his Lordship hath given, shall be by
Christmas next without fail. [Col. Entry Bk., Vol. XCV., p. 210.] |
Aug 6.
Whitehall. |
385. Secretary Coventry to Colonel Jeffreys. Notifies death of
Sir William Berkeley and appointment of Lord Culpeper to the
Government of Virginia. His Majesty's command to give Jeffreys
particular notice thereof, and also His Majsty's kind and gracious
intentions towards him, to wit, that although Lord Culpeper is to
enter upon and enjoy the salary of Governor from the time of Sir
William Berkeley's death, yet His Majesty will take care Jeffreys
shall be no loser thereby, and that no part of the salary he now
receives shall be abridged so long as he continues in that Government.
[Col. Entry Bk., Vol. XCV., p. 211.] |
Aug. 6.
Whitehall. |
386. Secretary Coventry to Colonel Jeffreys. Has received his
letter of 11th June, but it came in the beginning of a sickness
which is yet so severe he is hardly able to write congratulations on
the peace he has made with the Indians. As for the letter and
other transactions of Sir William Berkeley, he came here alive, but so
unlike to live that it had been very inhuman to have troubled him
with any interrogations, so he died without any account given of his
Government. Upon his death Lord Culpeper kissed the King's
hands as Governor by virtue of his former patent. Has not been able
to attend the Council since the declaring Lord Culpeper Governor,
but with returning strength will draw clear and positive resolutions
concerning Jeffreys and the Government. Wishes his brother
Commissioners were here, for till they come we must remain in the
dark as to many very essential things. 2 pp. [Col. Entry Bk.,
Vol. XCV., pp. 213–214.] |
Aug. 6/16.
Barbadoes. |
387. Governor Atkins to Secretary Sir Joseph Williamson. Has
received his of 1st June with the King's commands concerning
Judge Sharpe which shall speedily be put in execution. Is sorry
he should give His Majesty any occasion of offence, for he is a man
very considerable in the island, both for his knowledge of the law
of which they have very few as also in interest. Knows nothing
of his offence therefore cannot say anything for him. Has not
yet recovered from a sickness which has brought him very near
to death, but hopes the dangerous part is over. 1 p. [Col. Papers,
Vol. XLI., No. 54.] |
Aug. 9.
Whitehall. |
388. Journal of the Lords of Trade and Plantations. That His
Majesty was hastening the Lord Culpeper to his government in
Virginia, and having proposed to him to be ready by Christmas,
His Lordship had offered to be ready even by Michaelmas. Lord
Berkeley complains of the accusations against his brother, the
Governor, and desired them in writing that he might disprove
them; he also complained against the officers now in Virginia,
particularly Colonel Jeffreys, for assuming the style of Governor,
and that he is about to call an Assembly which may prove of
pernicious consequence. Their Lordships answer that, when
Mr. Attorney shall report upon the law there touching confiscations, it will naturally lead to the consideration of what is
moved in the first point, and as to the second their Lordships
agree that a sudden meeting of the Assembly there may not be for
His Majesty's service; to be added to the instructions of Colonel
Parks (who is now on his departure), to advertise the officers
there that Lord Culpeper would be suddenly on the place, and
would bring with him all materials from His Majesty touching
their laws and the composure of all things in that Colony, and that
they desist from calling an Assembly, unless there do fall out some
such extraordinary occasion for it as cannot be here foreseen. It
was observed by Sir Jos. Williamson that though Colonel Parks
carries with him the powers of a Governor, he could not assume
any other title than what the Broad Seal gave him, and that it was
a vanity in him to go beyond it, yet having taken the oath
administered to Governors he pretends to justify what he has done
in point of the title. [Col. Entry Bk., Vol. CV., pp. 105, 106.] |
| Aug. 20. |
389. Abstract of Laws made at Jamaica on 20th August 1677.
Also, List of seven Laws made at Jamaica at same time, four being
in said Abstract. Also, An Act for regulating Surveyors and
clearing of Lines, passed 20th August 1677, "Amended but not
approved." Two papers. [Col. Papers, Vol. XLI., Nos. 55, 56;
see also Col. Entry Bk., Vol. XXIX., p. 142.] |
Aug. 25.
Whitehall. |
390. The King to Lieutenant-Governor Herbert Jeffreys and
the Council of Virginia. To the same effect and almost in the
same words as the letter from Secretary Coventry of 6th August,
see ante, No. 384. [Col. Entry Bk., Vol. XCV., p. 215.] |
Aug. 25.
Whitehall. |
391. The King to Herbert Jeffreys, Lieutenant-Governor of
Virginia. To the same effect and almost in the same words as
Secretary Coventry's letter of the 6th August, see ante, No. 385.
[Col. Entry Bk., Vol. XCV, p. 216.] |
Aug. 30.
Whitehall. |
392. Sir Robert Southwell to Colonel Stapleton. This serves
only to accompany a number of printed books, containing regulations for giving passes suitable to what has been established in
England, yet with the variations necessary for his parts. With
mem., "Sent to Sir Jonathan Atkins Oct. 19. Twelve books of
passes." [Col. Papers, Vol. XLI., No. 57.] |
Aug. 30.
Whitehall. |
393. Journal of Lords of Trade and Plantations. Letter from
their Lordships to Colonel Stapleton read acknowledging receipt
of all his letters, and informing him with the state of affairs here
in relation to the Leeward Islands. Ordered that it be made ready
for signing against next meeting. [Col. Entry Bk., Vol. CV., p. 109.] |
Aug. 30./Sept. 2.
(sic) London. |
394. The Directors of the Dutch West Indies Company to the
Royal African Company of England. On the importance and
usefulness of there being a mutual understanding between the
two Companies as to the traffic in negroes on the coasts of Africa
and the preventing the trading there of interlopers. Endorsed by
Secretary Williamson, "The Dutch West Ind. Co. propositions.'
French. 6 pp. [Col. Papers, Vol. XLI., No. 58.] |
