America and West Indies: April 1678

Calendar of State Papers Colonial, America and West Indies: Volume 10, 1677-1680. Originally published by Her Majesty's Stationery Office, London, 1896.

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'America and West Indies: April 1678', in Calendar of State Papers Colonial, America and West Indies: Volume 10, 1677-1680, ed. W Noel Sainsbury, J W Fortescue( London, 1896), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol10/pp232-251 [accessed 29 November 2024].

'America and West Indies: April 1678', in Calendar of State Papers Colonial, America and West Indies: Volume 10, 1677-1680. Edited by W Noel Sainsbury, J W Fortescue( London, 1896), British History Online, accessed November 29, 2024, https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol10/pp232-251.

"America and West Indies: April 1678". Calendar of State Papers Colonial, America and West Indies: Volume 10, 1677-1680. Ed. W Noel Sainsbury, J W Fortescue(London, 1896), , British History Online. Web. 29 November 2024. https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol10/pp232-251.

April 1678

April 3.
Port Royal.
646. Minutes of Council of Jamaica. Present—Sir Henry Morgan, and in addition to the Councillors named, ante No. 622, March, these four, viz.:—Colonels Thomas Modyford, John Coape, and Charles Whitfield, and Captain Hender Molesworth. This day Sir Henry Morgan took the oath of Commander-in-Chief, and the councillors also took their oaths to be true to him. No persons to have a ticket to leave the island except such as are necessary for sailing vessels. Upon apprehensions of a foreign enemy ordered that a council of war be called to consider the best means for securing this island, and that notice be given to the several field officers. [Col. Entry Bk., Vol. XXXV., pp. 646–647.]
April 4.
Whitehall.
647. The King to Charles, Earl of Carlisle, Governor of Jamaica, Having lately received from John, Lord Vaughan, then Governor, certain Bills concerning matters necessary for the good government of that island and having caused other Bills to be prepared likewise for the good government of Jamaica, we do by these present declare our approbation of same. Then follow the titles of forty bills which "We have caused to be affiled to these presents and our Great Seal of England to be affixed thereunto." He is directed to cause said bills "to be considered and treated upon in our General Assembly." And that to said Bills or such of them as shall be consented and agreed to, he declare the King's assent by virtue of these presents, his warrant in that behalf. [Col. Entry Bk., Vol. XLII., pp. 1–310.]
April 4.
Whitehall.
648. Warrant declaring the King's approval of forty Acts for the good government of Jamaica received from Governor Lord Vaughan and prepared by His Majesty with the advice of His Privy Council under the Great Seal of England. Lord Carlisle is directed to cause said Bills to be considered by the General Assembly and to those consented to, to declare our Royal assent by virtue of these presents. Mem.—This warrant passed under the Great Seal, 13th April 1678. [Col. Entry Bk., Vol, XCV., pp. 283–285.]
April 5.
Port Royal.
649. Minutes of a Council of War. Present, LieutenantGeneral Sir Henry Morgan and seventeen other officers. The articles of war set forth by Governor Vaughan confirmed and ordered to be proclaimed, and that the common laws cease for twenty days. The oath to be administered at general trials or regimental courts martial. Ordered, that the colonels forthwith call regimental courts martial and publish the articles of war, exercise the companies, examine that they be well provided with arms and ammunition, and make a return to the Commander-inchief. Ordered, that the captain of the fort make a return to the Governor of arms and ammunition in the possession of merchants on Port Royal. And that no water canoe land at Port Royal after ten at night till sunrise. The orders to be observed in case of a general alarm. Ordered, that the tenth negro of all negroes in the island be employed on the fortifications, all of which are specified in the several parishes. Orders for the patrol of Colonel Ballard and Captain Rymes' troop every night and for companies of men to wait every night at St. Jago de la Vega, at the Salt Pond, and at Port Royal. [Col. Entry Bk., Vol. XXXV., pp. 647–652.]
April 5.
Port Royal.
650. Minutes of Council of Jamaica. Ordered that an Assembly be convened on 10th June at St. Jago de la Vega; that proclamation be issued that the Courts of Common Pleas do sit and adjourn to the usual times; and that the public monies in Captain Beckford's hands be paid to Thomas Martin, the King's Receiver, and his receipt be Beckford's discharge. [Col. Entry Bk., Vol. XXXV., p. 652.]
April 8. 651. [Sir Robert Southwell] to Sir Edmund Andros. The Lords of Trade and Plantations being desirous to receive information concerning the present state of New England with which the neighbourhood of his Government of New York and frequent conversation cannot but have rendered him well acquainted, propound several heads of inquiry to guide him. The inquiries follow, seventeen in number. 4 pp. [Col. Papers, Vol. XLII., No. 51, and Col. Entry Bk., Vol. LX., pp. 248–255.]
April. 652. Answers of Sir Edmund Andros to the above inquiries concerning New England. As to boundaries, laws, population, standing forces, fortifications, correspondence with the French and Indians, cause of the Indian war, relations between New York and the other colonies, capacity for resistance, commodities, trade, customs, relations of the colonies to one another, disposition of the people towards the King, differences of religion, trade between each colony and New York. Endorsed, "Recd 16 April 1678," Read in part, 16 May 1678. 3 pp. Printed in New York documents III., pp. 262–264. [Col. Papers, Vol. XLII., No. 52, and Col. Entry Bk., Vol. LX., pp. 259–255.]
April 8. 653. Journal of Lords of Trade and Plantations. Their Lordships taking notice of the several parts of the business of New England, Mr. Secretary Williamson acquaints them that his Royal Highness, intending suddenly to dispatch Sir Edmund Andros to his Government of New York, had commanded him to attend their Lordships before his departure and give them the best informations he could on the state of New York and New England. Sir E. Andros is called in and informs the Committee of the state of New York, the boundaries, and how they were disputed and a great part of the country possessed by Connecticut, whereby great animosities had arisen much to the prejudice of His Majesty's affairs. He also takes notice of the violent proceedings of the Boston magistrates in the Indian War, their neglect of the matters he moved them in for a more timely suppressing of the Indians, and receiving the assistance he was ready to give them by sending a considerable force, and by drawing the Mohawks to join against the enemies of the Colonies, in acknowledgement whereof they had published in printed books, and in their Manifesto of War, that the Indians had been recruited with ammunition from Albany and thereby had registered such a penalty on the inhabitants of his Government, that he has reason to fear that many may suffer on pretence of this crime, if they come within the reach of the Massachusetts; whereas he made severe injunctions against furnishing the Indians with ammunition, that he is confident they had no sort of supplies from his Government; he further sets forth how useful he had been to them in the final subduing their Indian enemies and settling of peace. Whereupon the Committee propose to move His Royal Highness that Sir E. Andros may give in some information touching New York on the General Heads of Inquiry, which are usually sent to the Plantations. As to New England, particular Queries are ordered to be prepared. Their Lordships having read the heads of business depending, propose to go on with the first, i.e., to give their opinion on Mr. Randolph's objections, and the agent's answer. On the first head, their Lordships were positive that the Oath of Allegiance ought to be given in New England without any mixture of fidelity to that Government, and their Charter ties them also to the Oath of Supremacy. Mr. Randolph called in for his additional objections, but began with another matter, how one Mr. May could witness that the agents had discoursed the matter of his narrative long before the time they pretended to have had it from Mr. Mason; Mr. May called in and swore to the same; the agents denied positively that they had seen any copy till that which they had from Mr. Mason; Mr. Mason said that Mr. Wade, a servant of my Lord Privy Seal's, commended to him exceedingly Mr. Randolph's narrative which he had seen, and Mr. Anslow, one of my Lord's servants, had copied it out, and the agents coming sometimes to my Lord's house he concluded that they had seen the narrative, because they could so well discourse the matter of it, and therefore he lent them a copy; Mr. Wade denied that he said any such thing. The agents alleged that they might discourse of several things, because Mr. Mason had spoken freely to them, and they had often attended the Committee and heard objections. Mr. Randolph enumerated several of their discourses to convince them that they had an earlier knowledge of his narrative than in July or August last, when they own to have had it only from Mr. Mason, and assured their Lordships of great detriment likely to follow in New England upon several loyal persons by reason of the character he had given them and his discourses with them, and prayed that His Majesty be moved to forbid any detriment to those persons. The Agents press to have a former petition of theirs read, referred to the Committee by order of 23rd January, for a grant of the Government tract of land that by the Judges' report belonged to Mr. Mason; which was read. Mr. Randolph opens unto their Lordships, pursuant to an order of 25th March, his new charge against the Massachusetts, for the extension of their bounds, the neglect of His Majesty's commands, the discouraging of the Church of England, leaving great numbers unbaptised, and deprived of the Communion, limitation of the Government to Church members, and making all who refused to attend the public worship of God there established uncapable of voting in public assemblies, preference of their own laws to those of England, their obstinancy and refusal to come to any sort of amendment, they having only ordered the execution of the Acts of Parliament restraining their liberty of trade, and persuaded themselves of the necessity of craving pardon, with resolution not to alter any essential part of their Government, a law re-enacting the oath of fidelity having lately been passed; they had pretended ignorance of the Acts of Parliament and taxed His Majesty and ministers for not acquainting them therewith, although it appeared by an Act of their own in 1663 that they had received His Majesty's order; they had made no order for the Oath of Allegiance, so much pressed upon them, nor had they suspended the coining of money. The agents endeavoured to excuse what was alleged, and assured their Lordships that the allegation in the preamble of the New Law concerning Trade was an act of precipitation made just as the General Court was rising, and a few hours after the receipt of their letters, and as to the errors of their Government they had not received His Majesty's final commands. All parties being withdrawn, the Committee entered into a debate of the matter before them, and ordered the Minutes of 27th July and 2nd August to be read (vide under dates). Their Lordships observe that though the orders therein contained had been received eight months ago, and the Boston Government informed of them, no amendment followed, except a law concerning the Acts of Trade and Navigation, in which there was a preamble flatly declaring that they were never before advertised of His Majesty's pleasure therein, whereas it appeared by the Council Books that a circular letter was sent in 1662 enforcing the same, and by an Act of theirs in 1663 the receiving of orders is acknowledged, and instead of enjoining the Oath of Allegiance the Oath of Fidelity to the country had been enforced. Mr. Secretary Williamson produced a paper of Minutes which he had himself taken, and confirming the Minutes in the Journal of the Committee, and particularly expressing that the agents had charged themselves with the care of communicating all to their principals. On the whole matter their Lordships very much resented that no more notice was taken of those points which were so fairly and with so much softness intimated to the agents, from whose modest deportment in general it was hoped there was a much more inclinable temper towards obedience in New England; and were so far from advising His Majesty to grant them a pardon, much less the accession of Government petitioned for, that they are of opinion the whole matter ought seriously to be considered from the whole root, for if fair persuasions will not take place, neither will they take notice of commands, if nobody be there on the place to give countenance to His Majesty's orders, which none of the Lords inclined to think that nothing but the establishment of a government there will accomplish, yet all agreeing that it must be a Governor wholly to be supported by His Majesty, and such a government was what even great numbers of the people there did languish after. Mr. Attorney and Mr. Solicitor are directed to examine the grounds of what has been some time objected:—That the Massachusetts has no legal Charter at all, that in 1635 a Quo Warranto was brought against it, whether, if the Charter were originally good, the Corporation have by mal-administration forfeited the same. Mr. Randolph is appointed to attend with information. Memorandum.—On the 17th Mr. Secretary Williamson delivered to Sir Robert Southwell in Council a petition presented by Mr. Randolph in behalf of His Majesty's subjects under the Bostoner's Government, with directions that a copy be sent to the Agents and their attendance required on the 19th to give answer. The first part of this is printed in New York Documents III., pp. 257, 258. [Col. Entry Bk., Vol. CV., pp. 233–245.]
April 9. 654. Petition of Sir Edmund Andros to the King and Privy Council. Notwithstanding his great services during the Indian war and his subjection of the Eastern Indians, and prohibition of the sale of powder and ammunition, the Massachusetts have in the Declaration of War, printed in the beginning of winter 1675, and in books of war, printed since, aspersed His Majesty's subjects at Albany with having recruited Philip and other Indians particularly with ammunition, and forborne to allege the least colour or give satisfaction for the imputation. On behalf of His Majesty's subjects at Albany and for securing them from the penalties which may be inflicted on them if found within the Masachusetts jurisdiction, prays that inquiry be made into the truth of the matter while the agents are yet attending His Majesty. Endorsed, "Read in Council 9 April 1678." 1 p. Printed in New York Documents, Vol. III., pp. 258, 259. [Col. Papers, Vol. XLII., No. 53.]
April 9. 655. Copy of the preceding Petition. Also Order of the King in Council that copy of said petition be given to the Massachusetts agents, who are required forthwith to return their answer to this complaint, that thereupon His Majesty may declare his further pleasure. Printed in New York Documents, Vol. III., p. 259. [Col. Entry Bk., Vol. LXVIII., pp. 34–37.]
April 12.
Whitehall.
656. Order of the King in Council. That copies of all charters and commissions as shall be found of use to the Lords of Trade and Plantations be delivered to their Lordships without fees or charges except the labour of the clerks employed in the searches and transcribing said copies according to custom. [Col. Entry Bk., Vol. XCVII., pp. 54, 55.]
April 16.
Whitehall.
657. The King to Lieutenant-Colonel Stapleton. There being some cause to believe that a breach may happen between us and the most Christian King which may occasion the invading of our islands in the West Indies, We have thought fit to give you warning to put the places under your command into the best posture you can. Adds these particular instructions. First, to consider whether by the strength at St. Christopher's, with assistance from Sir Jonathan Atkins from Barbadoes, he can get any considerable advantage upon the French, in such case as soon as war shall be known he shall attack them in the most vigorous manner he can; secondly, if that cannot reasonably be undertaken, yet if His Majesty's subjects there are in a condition to defend themselves, to give them all assistance in so doing; lastly, if he apprehends they are unable either to offend the enemy or defend themselves, then to take order for their timely withdrawing their persons and goods off the island to a place of better security. The management of these things is left to his prudent conduct. [Col Entry Bk., Vol. XCV., pp. 243, 244.]
April 16.
Whitehall.
658. The King to Sir Jonathan Atkins. It cannot be unknown to him that there may possibly be a breach with France, in which case hostility may arise with the French on St. Christopher's. Has written to Colonel Stapleton to borrow such assistance from Governor Atkins as may be needful, and hereby requires and authorizes him to furnish such proportion of men, ammunition, and other necessaries as Lieutenant-Colonel Stapleton shall desire, so far as the safety of Barbadoes will permit. [Col. Entry Bk., Vol. XCV., p. 245.]
[April 16.] 659. "Heads of Inquiry to the Proprietors of the English Plantations delivered to Sir John Werden, Secretary to his Royal Highness for Sir Edmund Andross knt. Gov. of New York;" also "The Answers to Inquiries made by Sir Edmond Andross, Governor there," under twenty-seven heads. [Col. Entry Bk., Vol. LXVIII., pp. 18–33.]
[April 16.] 660. Copy of the preceding Answers to Inquiries concerning New York. The Governor and Council not to exceed ten. Law and Admiralty Courts. The law-book in force was made by the Governor and Assembly at Hempsted in 1665 and since confirmed by His Royal Highness; militia about 2,000, of which 140 horse, foot formed into companies most under 100 men each, indifferently armed, good firemen; one standing company of soldiers for the forts, James Fort and Albany and Pemaquid, victualled for a year. No privateers about the coasts. Boundaries, neighbours, with whom they keep good correspondence, but differ with Connecticut for bounds and mutual assistance, which they nor Massachusetts will not admit. Most of the land taken up except on Long Island, New York, Southampton, and Albany, principal places for trade; buildings most of wood, some lately stone and brick. Twenty-four towns, villages, or parishes. Rivers. Produce, mostly provisions and timber. No experience of saltpetre in large quantities. Merchants not many, but with inhabitants and planters about 2,000 able to bear arms, old inhabitants of the place or of England, except in and near New York of Dutch extraction and some of all nations, but few servants, much wanted, and but very few slaves. No persons to come from any place but according to Act of Parliament; the plantation is these late years increased but not known how much; some few slaves brought from Barbadoes, most for provisions, sold at 30l. or 35l. country pay. Ministers so scarce and religions many that no account can be given of births or christenings, marriages, or burials. A man worth 1,000l. or 500l. accounted a good substantial merchant, and a planter worth half that in moveables accounted rich; all the estates valued at about 150,000l. Ten or fifteen ships a year, of about 100 tons each, may trade to the Colony, English, New England, and their own, of which there are five small ships and a ketch. Obstruction to trade the distinction of colonies. Duties on exports, 2s. per hogshead of tobacce, 1s. 3d. a beaver skin, and peltry proportionably; provisions and all else pay nothing; imports 2 per cent., liquors particularly rated and Indian trade 3 per cent.; some few quit rents and excise for retailing strong drinks applied to the garrisons and public charge, to which it has not hitherto sufficed. Religions of all sorts; Presbyterians and Independents most numerous and substantial. The Duke maintains a chaplain, which is all the certain allowance or Church of England but people's free gifts; all places obliged to build churches and provide for a minister, in which most very wanting, but Presbyterians and Independents desirous to have and maintain them if to be had. About 20 churches or meeting-places, above half vacant; their allowance like to be from 40l to 70l. a year, with house and garden. No beggars, but all poor cared for. If good ministers could be had, might do well and gain much upon those people. Endorsed, "Recd. from Sir E. Andros 16 April." 3 pp. Printed in New York Documents, Vol. III., pp. 260–262. [Col Papers, Vol. XLII., No. 54.]
April 16. 661. Journal of Assembly of Barbadoes. William Sharpe re-elected Speaker. Ordered that John Hallett, Treasurer, buy of Richard Seawell his great guns and shot and also great shot of other persons for the use of the country, and make payment out of the excise on liquors; also to seize and pay for shovels, coals, and other necessaries for the fortifications, in whose custody soever that have them for sale, likewise pike staves at 18d. each. Order on petition of Arthur Middleton for remittance of duty on Madeira. Act to prevent Quakers bringing negroes to their meetings passed, also an Act for repairing and finishing fortifications. On consideration of the approaching war with France the House "tender themselves and all the interest they have to your Excellency and Council in order to the security and defence of this His Majesty's Island," and request that a vessel be immediately dispatched to the Leeward Isles to inform them of the posture of the French fleet and their intentions. The Assembly also petition the Governor and Council to inquire whether the Quakers have of late appointed solemn meetings and resolved not to send their hands to the fortifications or submit to pay the sugar appointed by law, which being contempt of law to the scandal of Government and great danger of this place, the House prays the Governor and Council to take fitting courses to prevent such pernicious practices. They also desire that the watch houses be established, and that the ships in the Bay be ranged in the best order of defence. John Higinbotham, clerk of the Assembly, to be paid his salary. [Col. Entry Bk., Vol. XIII., pp. 306–309.]
Ap. 16–17.
St. John's (Antigua.)
662. Minutes of the Council of Antigua. Present the whole Council, and 17 of the Assembly. 16 April. Ordered, that Captain Paul Lee of the Council, and Major Boraston of the Assembly for the Precincts of Falmouth, and Captain Samuel Jones of the Council, and Mr. Samuel Winthrop of the Assembly for St. John's, buy up all the arms and ammunition to be sold by any masters of ships or merchants, out of the common stock. That all persons making sugar pay their duties and levies in specie for the encouragement of masters or merchants. That the Captains in the divisions take an exact list of all men, women, and children, black and white, and that each man's family follow with the name of each white and black man, woman, or child, and the same to be forthwith sent to his Excellency. That an account to be brought in of all orders for payment out of the Common Stock, that new orders may be granted for what is unpaid. That the Ministers have 12,000 lb. sugar or tobacco paid them annually out of the Public Stock.
April 17. Ordered, that three horsemen in each division by appointment of the chief officers there, ride about on Saturday afternoons and Sundays to take up all negroes without tickets. That no merchant or other be forced to take rattoon tobacco instead of plant or sugar, otherwise than as he and the debtor shall agree for. That a petition be preferred to his Excellency to supplicate His Majesty to include this Island in the peace here with the French, and that provision to be made for the necessary charges. 1½ pp. [Col. Papers, Vol. XXV., No. 55*, pp. 760–761.]
April 17.
Virginia.
663. Thomas Ludwell to Secretary Sir Joseph Williamson, Acknowledges his letter of 31st Dec. (see ante No. 543) hopes he shall never lose his Majesty's favour nor His Honour's good opinion, for he will never err but through want of judgment. Their present condition doth not mend, since the disloyal party are still very high and insolent, and the loyal party much dejected for want of that countenance their actions and sufferings seem to merit, and by putting several of the most active out of civil and military offices. It is extremely necessary for His Majesty's service and the safety of this country that the next Assembly be commanded to send home a full and impartial account of all transactions since the beginning of the Rebellion. Likelihood that some of the Indians intend more mischief, in the event of a war with France. Heartily wishes Lord Culpeper's arrival, his long stay begins to be the wonder of all here. Alderman Jeffreys is too powerfully recommended by His Honour not to engage his best endeavours, but is afraid he shall not be able to do him that service he would, since his kindness hath brought him into inconveniences. Ludwell doubts, past his help. Endorsed, "R. 3 June." 2 pp. [Col. Papers, Vol. XLII., No. 55.]
April 17.
[Barbadoes.]
664. An Act to continue an Act to prevent the People called Quakers from bringing Negroes to their Meetings. Passed 17 April 1678. Printed. [Col. Entry Bk., Vol. XV., pp. 102–3.]
April 18.
Nevis.
665. Governor Stapleton to Lords of Trade and Plantations. Refers to his letters of 18th [February], and 30th March (see ante Nos. 605, 642). Is informed that yesterday the Count d'Estrées sailed from Martinique to join with the Governor of Tortugas who is at Basseterre on the French St. Christopher's with 1,200, some say 1,500, Buccaneers. His reinforcements from France and present forces. We are in what readiness the places can afford. He that is master of the sea will go near to be the same at land. Has their Lordships' commands of 9th January last (see ante No. 566). Concerning the stores which have been sent. Notwithstanding the great preparations of the French, their General, the Count de Blenac, has empowered the Chevalier St. Lawrence to treat with Stapleton or his Deputy upon St. Christopher's for the continuance of friendship. Judges it not imprudent or dishonourable to embrace their offer. His reasons. "Be pleased to beseech and advise his Majesty not to take it amiss from me, who may do it for the good of the poor planters, and not through any act of timidity, for I protest their great strength does not in the least terrify me, nor for ought I can see by the countenance of our men, the meanest soldier." "Recd. and Read to his Maj. in Council 14 June 1678." [Col. Papers, Vol. XLII., No. 56, and Col. Entry Bks., Vol. XLVI., pp. 393–306, and Vol. CV., pp. 258–259.]
April 18. 666. Petition of Edward Randolph to the King in behalf of many of his loyal subjects living under the Boston Government. Complains that the Boston agents have by indirect means obtained copies of his Narrative of the State of New England and have sent over the same to their superiors, thereby discovering the King's councils and laying a scene of ruin to those persons whose names are expressed in his papers, or are suspected of loyalty to the King, and a test has been lately imposed, an oath of fidelity to their country, to be taken by all persons under penalty of being deprived the benefit of the law and being proceeded against as capital offenders. That there is a ship, one Phillips master by special leave now ready for his voyage to Boston, and because of the embargo no other convenience is like to offer for a considerable time. Prays that orders may be sent to the Boston Government to put no discountenance on those who have refused the test or have been favourable to him during his stay there or have corresponded with him since. Underwritten, "Read 18 Apr. 1678." 1 p. [Col. Papers, Vol. XLII., No. 57, and Col. Entry Bk., Vol. LX., pp. 255–256.]
April 18. 667. Report of Edward Randolph to Lords of Trade and Plantations concerning the Massachusetts Government. Charges the Massachusetts Government with being guilty of all the mis demeanours formerly exhibited against them, even by the confession of their agents in the position wherein they desire pardon for the same, with having encroached on the bounds of the southern colonies in New England, with having fundamental laws repugnant to the laws of England, with not allowing liberty of conscience or the exercise of the religion of the Church of England, constraining all persons to be present at their meetings, with admitting none to a share in the Government, except those in full communication with them, with acting contrary to their charter and the King's commands in 1662 and others, with assuming powers not granted in the charter, entrenching on the Royal prerogative, with having lately enforced an oath of fidelity to the country instead of the oaths of allegiance and supremacy, with permitting no law of England to be in force there except first allowed and enacted by them, with falsely charging the King and his Ministers of State with not proceeding to any amendment, though timely administered thereto. Endorsed, "Read at the Committee, 18 April 1678." 3 pp. [Col. Papers, Vol. XLII., No. 58; and Col. Entry Bk., Vol. LX., pp. 267–275.]
April 18. 668. Journal of Lords of Trade and Plantations. Randolph's petition complaining of the re-imposition of the oath of fidelity at Boston, read. The agents answer that a law was passed for administering the usual oath of fidelity to the country to such as had not taken it before, by reason of several malicious endeavours for firing the town fomented by the Quakers. The oath comprehends allegiance to His Majesty, and they cannot believe any thing of detriment was intended to the persons named by Mr. Randolph with favour, inasmuch as some who left Boston in February were ready to attest that none of them had received prejudice thereby. Mr. Randolph alleged that the oath was made at the very time their General Court acknowledged to have received intimation of what was under consultation before His Majesty, and, probably surmising there might ensue some alteration in their Government, revived this oath by way of test; where no mention is made in the Act to limit it to such as had not taken the oath before, but the words are general and that not only to be imposed in the town, where the danger of fire was pretended, but even over the whole country, and that by going from house to house; the allegiance to His Majesty comes in, but in the second place; although he could not give any instances of detriment hitherto befallen any of his friends, he well remembered the complaints he heard of the hard usage of those who submitted to His Majesty's Commissioners in 1664, in verification whereof he quoted His Majesty's letter of 1666. The agents endeavoured to mitigate any apprehension of ill that could possibly befall the parties mentioned by Mr. Randolph; they would answer it there to His Majesty at their perils; those very friends of Mr. Randolph's were chiefly instrumental in reviving the oath, and Governor Leverett expressed his dissatisfaction at the passing the Act at such a time; the form of the oath they acknowledged to be ill-advised; if His Majesty would enjoin the oath of allegiance separate, it would not be refused, and they themselves were ready to take it when required. Their Lordships agree to report that Mr. Randolph had sufficient ground for his petition, and that the unseasonable enjoining of the oath looked very suspicious, that all things stand not so fair in reference to many of His Majesty's good and loyal subjects as were to be wished; it is manifest the Government knew of the dislike which was expressed to the form of the oath, when the allegiance to His Majesty seems only grounded on their charter and not in natural obedience. Their Lordships advise His Majesty to signify his resentment of the enjoining that oath, as being a snare in the way of bis loyal subjects, derogatory to his honour and defective in point of duty, allegiance to His Majesty and fidelity to the country being joined together in the same undecent form, and the fidelity even made to precede the allegiance. His Majesty does not for the present prescribe a form proper for them, but strictly commands the oath of allegiance to be taken by all his subjects within the colony. [Col. Entry Bk., Vol. CV., pp. 246–250.]
April 18. 669. "A short account of New York's assistance to New England," being repetition of parts of "A short account of the General concerns of New York," see ante, No. 502. Endorsed. "Recd. from Sir E. Andros, 18 April 1678." 2 pp. Printed in New York Documents, Vol. III., pp. 264, 265. [Col. Papers, Vol. XLII., No. 59.]
April 19.
Council Chamber.
670. [Sir Robert Southwell] to Commissioners of the Customs. The Lords of Trade and Plantations having it under their special care to lay before His Majesty the general state of the Caribbee islands and to propose somewhat for their security, are very desirous that you would furnish them with some general computation of the number of ships and men with their burthen that trade to said islands, what are the general commodities sent thither, what returns are made with estimate of what importance this trade is to the kingdom, and in particular to His Majesty's customs, and what else the Commissioners conceive proper for their Lordships' information. [Col. Entry Bk., Vol. XCVII., p. 56.]
April 19.
Whitehall.
671. Journal of Lords of Trade and Plantations. Their Lordships enter upon the business of the Leeward Isles, and propose to lay before His Majesty a true and particular state thereof so. that he may be the better enabled to make such provisions as their defence and security require. Colonel Stapleton's letters and accounts of the condition of the islands, under his government are read. Mr. Harris, His Majesty's engraver, called, in and promises to finish the seal for the Leeward Isles within a month at farthest. Upon the whole matter ordered that a report be prepared. On 25th April the report was read and approved, See No. 679. [Col. Entry Bk., Vol. CV., pp. 252–254.]
April 22.
Custom House, London.
672. Commissioners of Customs to Lords of Trade and Plantations. Incloses Returns asked for in Sir Robert Southwell's letter. Ships bound to the Plantations from England usually carry great quantities of all English manufactures and commodities, also considerable quantities of foreign goods imported into England whereof half the custom upon exportation remains to the King. The Plantation trade is one of the greatest nurseries of the shipping and seamen of this Kingdom, and one of the greatest branches of its trade, venting yearly manufactures and commodities of this kingdom to a very great value. As to Scotland and Ireland they cannot by law have any trade with the Plantations except in servants, horses, and provisions. Enclosed,
672. i. ii. iii. Number of ships with their burdens entered inwards in the Port of London in the year ended Michaelmas 1677 from Barbadoes, Nevis, Jamaica, Antigua, Bermudas, Montserrat, St. Christopher's and Anguilla. Similar account of ships entered outwards in the Port of London for the same period and from the same islands. Total 26,687l. "Recd. 23 April 1678." Together, 4 pp. [Col. Papers, Vol. XLII., Nos. 60, 60 I., II., III.; and Col. Entry Bk., Vol XCVII., pp. 56–59.]
April 23.
Spring Gardens.
673. Sir Robert Southwell to Governor Sir Jonathan Atkins. Acknowledges receipt of his letters of 31st January (see ante No. 592). Finds it his duty to acquaint Sir Jonathan that their Lordships are in extreme impatience for the receipt of the laws of Barbadoes which they have so often and so long time pressed for, and considering the compliance they find with other Governors, fears he may be censured if more inclined to satisfy others than answer their Lordships extracts of whose letters to him on this subject are transmitted, to which after all Governor Atkins says he must speak with the Assembly. Good wishes for his prosperity make Sir Robert so plain in this matter. The particular law recommended to his care shall have the fruits of it as soon as possible. Draft with corrections. 2 pp. [Col. papers, Vol. XLII., No. 61.]
April 23.
St. Christopher's.
674. Minutes of the Council of St. Christopher's. Proposed by the Governor to the Council and Assembly that as to the proposals of peace between England and France in this island, if concluded on, they will consent to and petition Governor Stapleton touching the same; unanimously consented to. [Col. Papers, Vol. XXVIII., No. 69, p. 19.]
April 24. 675. Order of the Privy Council. Empowering the Lords of Trade and Plantations to administer the Oath of Allegiance to the Agents of New England. Underwritten, "Mem. The Committee took the oath accordingly 26 of Ap. 1678." 1 p. [Col. Papers, Vol. XLII., No. 62; and Col. Entry Bk., Vol. LX., p. 284.]
April 24.
Whitehall.
676. William Blathwayt to William Freeman. Remembers Colonel Stapleton formerly made some account of Saba and Statia as necessary for the defence of other islands, saying on the latter he had left 140 men and 17 guns, but cannot tell if since then the Dutch have not pillaged it. Pray write by bearer what you know of these islands. On same sheet.
676. i. Wm. Freeman to William Blathwayt. Supposes since that advice from Colonel Stapleton, it was taken by the Dutch and consequently the Fort demolished and guns taken off. Cannot give any further account. Purposes waiting upon him to-morrow. 1 p. [Col. Papers Vol. XLII., No. 63.]
April 24. 677. Answer of William Stoughton and Peter Bulkley the Massachusetts Agents to Sir Edmund Andros' petition. Are not furnished with those informations given by captive Indians and English taken by the enemy, concerning the supply of powder, &c., from the parts of Albany which Sachem Philip and the enemy Indians received during the late war, nor what part between the Petitioner and the Governor and Council of Mass achusetts on his taking exception to a clause in their Declaration. Understand not how the Petitioner or any under him have been reflected upon, it being very possible that notwithstanding prohibition and care to the contrary, Philip and his accomplices might obtain ammunition without the knowledge of those in authority, of the indirect and wicked practices of such who will easily venture all for gain; who these were having never (as they know) discovered to the Massachusetts, there can be no danger of any man being punished by them as suggested. If a fuller answer is required from the Governor and Council, doubt not of a ready obedience. Endorsed, Recd. April 24, 1678. 1½ p. Printed in New York Documents, Vol. III. p. 266. [Col. Papers, Vol. XLII., No. 64; also Col Entry Bk., Vol. LXVIII., pp. 37, 38.
April 24. 678. Order of the King in Council on the preceding answer of the Massachusetts agent. That His Majesty was pleased to declare that he found no cause to believe that any of his subjects from the parts of Albany supplied materials for war to Philip or other Indian enemies, nor could he perceive any ground for the imputation laid upon his subjects of Albany by the Massachusetts, and ordered that none of these be liable to any such imputation, unless the Massachusetts accuse any particular person and legally proceed against him within a year. This order to be transmitted by the Agents to the Massachusetts Colony. 1¼ pp. Printed in New York Documents; Vol. III., p. 267. [Col. Entry Bk., Vol. LXVIII., pp. 39–40.]
April 25.
Council Chamber.
679. Report of Lords of Trade and Plantations to the King. A long document of twenty-five pages recapitulating their several reports to his Majesty since 1675, on the state of the Leeward Islands, and stating how far some particulars have had their effect, viz.:—1. That the Lord Treasurer has satisfied all Colonel Stapleton's arrears of pay and the [two] companies to 7th July 1677. 2. That the Quaker, ketch, has been sent to attend the service of those islands. 3. That fifty-seven soldiers recruits have arrived. 4. That the Commission for a Court of Admiralty was also sent. 5. That five of the six Ministers have arrived, were well received and provided for by the Governor's care. 6. That the other Minister sailed in February last with warlike stores to the amount of 1,039l. but as yet no news of their arrival. 7. That in same vessel was sent 400l. towards the fort at Cleverley Point. So what is left undone of what hath been proposed is:—1. As to the restitution of His Majesty's subjects, that the French possess on His Majesty's part of St. Christopher's above 4,000 acres of land and exclude 243 of His Majesty's subjects, from their estates without any hopes of redress, "so that we are quite at a loss to know what to propose more than we have done, but must needs say that Your Maj. honor as well as the interest of Your languishing subjects, is highly concerned therein." 2. As to a certain fund for paying the Governor and the two companies. 3. As to sending over malefactors. 4. As to the seal. 5. As to more forts and new stores for the other islands. As to Barbadoes the dangerous neighbourhood of the French and a superior power at sea, may hazard that island by intercepting all supplies which it always needs. Yet otherwise it is very sufficiently defended by the inhabitants, who are listed to the number of 10,000 men that bear arms, in constant discipline, well appointed, and have two regiments of horse. Particular account of St. Christopher's containing 60,000 acres. The French are planted at the two ends of the island, and have at least one half: their Governor is the Sieur de St. Laurens. Nevis contains 32,000 acres. They have a regiment of Militia of 1,300 men with a troop of 60 horsemen. Antigua contains 120,000 acres, a regiment of 770 Militia and a troop of 33 horsemen. Montserrat contains 60,000 acres, one regiment of 877 Militia, and a troop of 40 horsemen; most of the inhabitants are Irish. In these four islands there are 15 forts, and 100 guns, and 3,871 of His Majesty's subjects bearing arms. The French and Dutch in St. Christopher's are 270, and the Irish 700 in Montserrat. For naval strength there is nothing but the Quaker, ketch. There are also four smaller islands not unworthy of protection, viz.:—Anguilla, Statia, Saba, and Tortola. Description of and remarks upon their importance. Have much esteemed the vigilance of Colonel Stapleton in possessing himself of these islands; reasons. There is also Barbuda which serves only for pasture; there are only twenty servants on this island to tend the cattle. Account of the French islands adjoining, their force and the care taken for their preservation. How much the French wish to be masters in all these parts. The General Governor in a letter to the King his master before the late war, earnestly solicited four ships and 500 men with which he would carry the Leeward Isles, and, he hoped, Barbadoes. Estimate of stores of war needful to be sent to the Leeward Isles. What is proposed as necessary to defend them. Upon the whole matter presume to lay before His Majesty's consideration: 1. That these islands are annexed to His Majesty's Crown and the trade of them appropriated by law to this Kingdom, 2. That the capital stock of His Majesty's subjects, the inhabitants, is worth above a million. Considerations of the importance of these islands and the detriment that might follow on their seizure by France, with the probability thereof. Advice upon the whole. Of opinion that the first distress and shock of war will fall upon these islands. That he who begins at St. Christopher's will undoubtedly carry it. That if the French take away only the stock and materials, and leave these islands desolate they will not as to themselves be worth the charge of retaking. That the preservation of other parts lying in the defence of these "it concerns Your Maj. honor, your profit and the public advantage to speed away such supplies of ships & men as may be necessary." Think a force at sea necessary above all things, and conceive a very little force more than what will suffice for defence may be able to subdue all "which we cannot, in the season that shall be fit but advise Your Maj. unto, inasmuch as between taking all and losing all, there seems no middle way left." Signed by Anglesey, Bridgwater, Craven, Essex, Fauconberg, G. Carteret, J. Ernle, and Robert South well. [Col. Papers, Vol. XLII., No. 65; and Col. Entry Bk., Vol. XLVI., pp. 273–299.]
April 25. 680. Journal of Lords of Trade and Plantations. The Agents of New England ordered to attened the Committee next day for the Oath of Allegiance to be administered. [Col. Entry Bk., Vol. CV., p. 254.]
April 25.
Barbadoes.
681. Governor Sir Jonathan Atkins to Lords of Trade and Plantations. Received His Majesty's letter, with petition enclosed of Richard Payne, a pretended deputy to Sir Ernestus Byron, long since dead, who had the King's patent for Escheator of Barbadoes, with command to inquire into the truth of Petitioner's complaint, which he has done, and sends copies of the records concerning same. When Sir Jonathan arrived Payne petitioned complaining of hard usage and three years' imprisonment, and the Governor found Petitioner was in upon execution at the suit of Colonel Henry Walrond for slocking, as they call it here, of four negroes from him, and as he was never able to pay the Governor prevailed with Colonel Walrond to set him at liberty. The French have continued long at Martinique since their enterprise of Tobago, which much amused us, but did us no harm, for it quickened us as to our own security. Has advice from the Leeward Islands that 800 Buccaneers landed at St. Christopher's for the French. Knows not how those islands are furnished for defence. Encloses,
681. i. Colonel Henry Walrond and Samuel Farmer to Governor Atkins. Present him with a true and impartial narrative of the case of Richard Payne and Colonel Walrond and Samuel Farmer. 1678, April 18.
681. ii. Minute of the Council of Barbadoes. That Richard Payne was committed by Samuel Farmer, Judge of the Court of Common Pleas, for contempt in refusing to give security to Colonel Walrond for negroes found on trial to belong to Walrond's estate. That said Payne was legally committed and is hereby ordered to continue in custody. 1672, Dec. 17. Attested copy by Edwyn Stede Deputy Secretary.
681. iii. Journal of the Lords of Trade and Plantations. On 13th June a packet is received from Sir Jonathan Atkins enclosing papers concerning the case of Richard Payne, deputy to Sir Ernestus Byron, Escheator of Barbadoes. Also another letter from Sir Jonathan to William Blathwayt. 1678, June 13. [Col. Papers, Vol. XLII. Nos. 66, 66 I., II.; also Col. Entry Bks., Vol. VI. pp. 229, 230; and Vol. CV., pp. 258, 259.]
April 25.
Port Royal.
682. Minutes of a Council of War. Report of LieutenantGovernor Sir Henry Morgan of what has been done to the fortifications on Port Royal since their last meeting, and what he proposed to complete there and at other places on the Island; and, as they could not be finished within the time in their last order, that martial law be in force till 10th June. [Col. Entry Bk., Vol. XXXV., p. 653.]
April 25.
Port Royal.
683. Minutes of Council of Jamaica. That the Judges meet at their usual terms and issue the Proclamation which follows for martial law to be in force untill 10th June. That the Governor expected Lord Carlisle would suddenly arrive, but he was unwilling to draw off the officers from their respective commands, so did not intend to issue writs for calling an Assembly. Petition of James Hardin, John Willmott, and others, executors of Nicholas Alexander, deceased, in behalf of his daughter, an infant, to LieutenantGovernor Morgan and Council. For securing the estate of Andrew Abbington, a debtor to Nicholas Alexander, in favour of the daughter of deceased. Council being heard on both sides, agreed that the relief prayed for was not in their jurisdiction to grant, so petition was dismissed. [Col. Entry Bk., Vol. XXXV., pp. 654–657.]
April 25.
Whitehall.
684. Petition of Frances, wife of Adjutant William Morris, in His Majesty's service in Virginia, to the King. That some part of her husband's arrears may be paid her. Referred to the Lord High Treasurer to report what His Majesty may fitly do for Petitioner's relief. ½ p. [Dom. Entry Bk., Chas. II., Vol. XLVI., p. 228.]
April 26.
Whitehall.
685. Order of the Privy Council. Report of Lords of Trade and Plantations of 18th April last read, on petition of Edmund Randolph complaining of the reimposition of the oath of fidelity in Massachusetts; the Massachusetts agents being summoned to attend the Committee, acknowledged that in the Assembly at Boston in October the usual oath of fidelity to the country was ordered to be administered to those who had not taken it before, by reason of several malicious endeavours for firing the town fomented by the Quakers, but that the oath comprehended allegiance to the King, and they cannot believe any detriment was intended to those named with favour by Randolph, as some of them were at the door to attest that they had not received any prejudice. To this it was answered that the Oath was made at the very time that the General Court received intimation of what was under consultation before the King, and by way of test revived the imposing this oath anew, where no mention is made to limit it to those who had not taken it before, but the words are general, to be imposed not only in the town where there was danger of fire, but all over the country, with new penalties on refusers; that the allegiance to the King came in the second place and not with the requisite solemnity; that, although he could not instance any detriment hitherto befallen any of his friends, he well remembered the complaints he heard of the hard usage which had befallen those who submitted to the King's Commissioners sent over in 1664, for verification of which he referred to the King's letter sent in 1666. The agents endeavoured to mitigate any apprehension of ill that could possibly befall the parties mentioned, and would answer for it at their perils; that those very friends of Randolph were chiefly instrumental in reviving the oath; that the Governor intimated his dissatisfaction with it; that they themselves consider the form ill-advised, and are assured that if the King should enjoin the Oath of Allegiance separate, it would not be refused, and they, though not having taken such oath, are ready to take it when required. The Committee, being of opinion that Randolph had sufficient ground to petition, and that the unseasonable enjoining of the oath made it look suspicious that all things stand not so fair with reference to the King's loyal subjects as were to be wished, advise that the King by letter should signify his displeasure at the untimely enjoining of the Oath, which is derogatory to the King's honour and defective in point of duty, and that orders should be given for the administering of the Oath of Allegiance as by law established, to all in the Colony of years to take it, and that though other matters are before the King, yet this is of so fundamental concern that the signification of his pleasure could not be longer omitted. Approving said report and ordering Mr. Secretary Williamson to prepare a letter for the King's signature pursuant thereunto. 6 pp. [Col. Papers. Vol. XLII., No. 67; and Col. Entry Bk., Vol. LX., pp. 257–263.]
April 26. 686. Journal of Lords of Trade and Plantations. The Oath of Allegiance administered to the Agents of New England, who declare that as they have taken the oath, so they believe the magistrates of Massachusetts, and all other inhabitants will most willingly do the like, except such as refuse to take any oath whatsoever. Mem.—Their Lordships' report about the Oath of Allegiance to be taken by the Massachusetts was this day approved in Council, and a letter accordingly despatched by Mr. Secretary Williamson on the 27th was delivered to Captain Philips, bound for New England, as appears by his receipt of the 29th instant, [Col. Entry Bk., Vol, CV., p. 255.]
April 26.
Nevis.
687. Governor Stapleton to Lords of Trade and Plantations. "The foregoing lines" (see ante, No. 665) were designed to be sent when they were alarmed by the sight of the Count d'Estrées' fleet, when he came near the Fort (he fired never a gun). Thought his striking was enough. He is still at Basseterre; his force. We are in arms constantly two hours before day (sic). All the people at St. Christopher's retired to the new Fort. Has sent to d'Estrées to demand, 150 or 200 of His Majesty's subjects among the Buccaneers, he has promised to discharge them. Sends power to Secretary Coventry given by the French General to conclude a peace in case of rupture in Europe. Prays he may have the like. This poor island has lost the making of a million of sugar every week these two months. "Rec. & Read to his Maj. in Council 14 June 1678." [Col. Papers, Vol. XLII., No. 56; and Col. Entry Bks., Vol. XLVI., pp. 306–308; and Vol. CV., pp. 253–259.
April 26.
Nevis.
688. Governor Stapleton to Sir Robert Southwell. Has received the several books and parchments and commissions to swear the Deputy Governors and be sworn. Is constantly in arms to observe the motion of the Count d'Estrées' fleet; his strength. Not knowing when he may be attacked or when he may see English St. Christopher's afire; will plead his excuse for not executing their Lordship's commands. Before this could have conveyance the French fleet sailed from St. Christopher's, but knows not whither. "Recd. and Read to his Maj. in Council 14 June 1678." [Col. Papers, Vol. XLII., No. 68; and Col. Entry Bks., Vol. XLVI., pp. 312–314; and Vol. CV. pp. 258–259.]
April 26.
Nevis.
689. Governor Stapleton to William Blathwayt. By Captain Hare has received the Commissions to swear and be sworn. Is now in arms at the seaside, having in sight of Basseterre road 35 French men-of-war, 20 King's men-of-war, the others privateers; does not know their design, whether war or peace. Cannot execute their Lordships' orders yet. Has with much ado borrowed from his military duty to give them information of occurrences. Has received nothing. Mrs. Hall of Antigua. "Rec. and Read to his Maj. in Council 14 June 1678." 1 p. [Col. Papers, Vol. XLII., No. 69; and Col. Entry Bks. Vol. XLVI., pp. 311–312; and Vol CV. pp. 258–259.]
April 26.
Nevis.
690. Governor Stapleton to (Secretary Sir Joseph Williamson). Sends as often as he can to their Lordships, being in arms night and day to prevent surprise from the French fleet under the Count d'Estrées who is in sight at Basseterre road in French St. Christopher's with 35 sail, besides four fire ships; fifteen are small privateers or buccaneers as we call them, with 1,200 men at least, and twenty are ships of war. Two hours of a north wind might bring them here.
April 29. Before sealing the preceding. At daybreak on 27th twenty-eight of the ships were discovered tacking, but the wind being south they could not come in, and about sunset went away either to Martinique or Curacao. They give them the trouble of being in arms to the incredible detriment of the poor planters. 2 pp. [Col. Papers, Vol. XLII., No. 70.]
April 27.
Whitehall.
691. The King to the Governor and Council of the Massachusetts Colony in New England. The King understands that in October last a law was passed in their Assembly at Boston for reviving and administering a certain oath of fidelity to the country when they had intimation by their agents here of His Majesty being displeased at the form thereof, as highly disrespectful to His Majesty, "and seems to be intended as a snare in the way of many of our good subjects there, of whose preservation we shall ever be tender." The King has thought fit to signify that His Majesty takes the untimely renewing of this oath very ill, as derogatory to His Majesty's honor as well as defective in point of their duty, inasmuch as the allegiance due to us and the fidelity to the country are joined together in the same indecent form, wherein such fidelity is made even to precede your allegiance to us." The King does not for the present prescribe the form of the corporation oath, but strictly commands that the Oath of Allegiance as by law established in England be administered and taken by all His Majesty's subjects who are of years to take an oath. This being so fundamental a concern to our dignity and government, we could not omit any longer to signify our pleasure therein, though other matters of moment relating to that our Colony are still depending before us. [Col. Entry Bk., Vol. LX., pp. 263–264.]
April 27.
Whitehall.
692. The King to John, Lord Vaughan, Governor of Jamaica. Requires him upon the receipt of these our letters, to surrender the Government of Jamaica to Charles, Earl of Carlisle, and acquaint him with all matters concerning the present state of the island necessary for his information, and then to repair to His Majesty's presence to give account of affairs in those parts. [Col. Entry Bk., Vol. XCV., p. 268.]
April 27.
Whitehall.
693. Secretary Sir H. Coventry to John, Lord Vaughan. At last the Earl of Carlisle has taken leave of His Majesty in order to his voyage to Jamaica, which will give Lord Vaughan the opportunity of returning to the embraces of his friends here who will rejoice to see him in safety. Shall receive particular satisfaction in enjoying his Lordship here again. "And as I know my Lord of Carlisle to be a person of that great wisdom and honor that no misunderstanding can possibly arise between you two, so I shall as little doubt but your Lordship will yield him sufficient reason to applaud the method you have used in your government there." [Col. Entry Bk., Vol. XCV., p. 269.]
April 27. 694. Report of [Attorney and Solicitor General] to Lords of Trade and Plantations. Have considered the paper, and the Connecticut and Rhode Island Charters, and the maps and other papers sent, and find that the Narraganset country is granted to both colonies, but the Connecticut grant being first has priority of title, yet in the Rhode Island grant there is some mention of a consent by Connecticut, and after all this on a Commission of the King lies seized and made the King's Province and neither of the colonies to have it. Cannot reconcile these matters, but submit whether their Lordships will not be pleased to let the matter remain as it has been settled by the King's Commission till the parties be heard and the matter better explained. Endorsed, "Recd. & presented the 27 April 1678." 1 p. [Col. Papers, Vol. XLII., No. 71.]
April. 695. [Sir Robert Southwell] to the Attorney and SolicitorGeneral, with their Answers. As to the legality of the original charter of Massachusetts, of the Quo Warranto of 1635, and whether the Corporation by mal-administration has forfeited their charter. In the opinion of the King's two Chief Justices the original charter is good in point of creation, the Quo Warranto was not so brought or the judgment so given as to cause a dissolution of the charter, if the misdemeanours objected against the Massachusetts can be proved to be true and that they were committed since the Act of Oblivion, they contain sufficient matter to avoid the Patent, but that can only be done by a Quo Warranto. Endorsed, "Read 16 May 1678." Two papers. [Col. Papers, Vol. XLII., Nos. 72, 73, and Col. Entry Bks., Vol. LX., pp. 265–268.]
April 27.
Barbadoes.
696. Governor Sir Jonathan Atkins to William Blathwayt. Has received a letter from His Majesty and enclosed a petition of Richard Payne complaining of hard usage here by false imprisonment, which was done before Sir Jonathan came. By His Majesty's commands has examined the truth of the proceedings, and sends copies of all records concerning same, that their Lordships may have a true account. ½ p. With seal. [Col. Papers, Vol. XLII., No. 74.]