America and West Indies: April 1679

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 1679', 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/pp346-356 [accessed 29 November 2024].

'America and West Indies: April 1679', 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/pp346-356.

"America and West Indies: April 1679". 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/pp346-356.

April 1679

April 1. 951. The King to the Council of Virginia. His Majesty has received the ill-news of the death of Herbert Jeffreys, Governor of Virginia, and has understood by their letter to Secretary Coventry that they have received Sir Henry Chicheley as Deputy Governor according to the King's Commission under privy seal heretofore given to him. Well approves of this act of obedience. Is resolved to send Thomas Lord Culpeper, Governor, by the first ships, and His Majesty requires that all further suits relating to the late rebellion be superseded until his arrival. [Col. Entry Bk., Vol. LXXX., p. 304.]
April 2.
Whitehall.
952. The King to Sir Henry Chicheley, Deputy Governor of Virginia. Approves of his taking upon himself the command of the colony as Deputy Governor since the death of Lieutenant Governor Herbert Jeffreys. Intends despatching Thomas Lord Culpeper, Governor, by the next ships, with full instructions to settle matters there, and requires that all further suits relating to the late rebellion there be superseded till Lord Culpeper's arrival. 1 p. [Col. Papers, Vol. XXXIV., No. 73.]
April 2. 953. Journal of Lords of Trade and Plantations. Mem.—At a Council on this day was read a paper presented by the Commissary of the Admiralty of Holland touching negroes taken off Tobago by Captain Haddock, of the Quaker ketch. Ordered, that the paper be sent to Sir Richard Haddock for his answer thereto. Their Lordships, having received a paper from the Lords Proprietors of Carolina touching the transportation of several foreign families thither, order the opinion of the Commissioners of Customs to be desired herein. [Col. Entry Bk., Vol. CV., p. 320.]
(April 2.) 954. "The State of the business of Jamaica represented to His Majesty in Council on the 2nd April 1679." By Lord Vaughan's Commission the Assembly of Jamaica was empowered to make laws for two years by the advice and consent of the Governor in Council. His Majesty, finding the inconveniences that arose from that power and manner of making laws, was pleased, with the advice of the Committee of Plantations, to provide by the Earl of Carlisle's commission that no laws should be enacted in Jamaica but such as being framed by the Governor and Council and transmitted to His Majesty for his royal approbation were afterwards remitted to Jamaica and consented unto by the Assembly there according to the usage of Ireland. And in pursuance hereof the Earl of Carlisle carried over a body of laws which had passed the great seal of England, which laws, upon his Lordships arrival, have been rejected by the General Assembly, who have by an address declared that they contained divers fundamental errors, and that the method of passing them was impracticable.
The Earl of Carlisle has signified his opinion that the distance of the place does render the present manner of making laws impracticable, and desires instruction to call another Assembly and to re-enact and make what laws are fit for the place according to the former practice but disagreeable to his own commission. He has also transmitted the drafts of six bills, which have been examined by the Attorney-General and by him presented to the Committee of Plantations. The most material points in the said Bills are:—That the Laws of England be declared to be in force in Jamaica, which upon passing the late laws carried over by his Lordship was thought fit to be omitted; that in the Bill of settling the quit rents it is there declared that His Majesty has permitted them to apply the quit rents towards the support of the Government, which declaration was formerly disapproved by the Committee; that of the laws made by Lord Vaughan, by which the country is at present governed, many will expire in this instant April and all the rest in September following, without any power residing in the Governor and Assembly to make any other than such as are already rejected by the Assembly. This being the state of affairs in Jamaica, His Majesty's pleasure is desired thereupon. Draft 2 pp. Endorsed, "Read in Council 2 April 1679." [Col. Papers, Vol. XLIII., No. 39.]
April 2. 955. Memorandum of Lords of Trade and Plantations to the Lord Privy Seal. That orders may be sent to Colonel Stapleton empowering him to take the negroes taken from Tobago by Captain Haddock, or the proceeds of their sale, and detain them until the questions of right to the negroes and of salvage have been determined by the King. [Col. Entry Bk., Vol. XLVI., p. 349.]
April. 2.
Whitehall.
956. Lords of Trade and Plantations to Sir Richard Haddock. Respecting certain negroes taken off the island of Tobago by Captain Haddock, late Commander of the Quaker, ketch (see ante, Nos. 849, 863). It appears that Captain Haddock retained for his own use some of the negroes claimed by the Admiralty of Holland and the Lords call upon Sir Richard as one concerned therein to show cause why the said negroes or their proceeds of their sale may not be delivered to the Admiralty of Holland. Their Lordships will meet about the matter on Saturday 6th April, at which time Sir Richard's answer is expected. [Col. Entry Bk., Vol. XLVI., p. 348.]
(April 2.) 957. Petition of William Downing to the King and Privy Council. In substance and in most of the language identical with the petition of 10th February (ante No. 886). Signed, Willm. Downing. Endorsed, "April 2 1679. This petition was this day read and ordered in Council to be referred to the Committee of Trade and Plantations." Signed, Thomas Dolman. 1 p. [Col. Papers, Vol. XLIII., No. 40.]
(April 2.) 958. Petition of Thomas Oxford to the King and Privy Council. Petitioner and his predecessors have owned houses and stages in St. John's, Newfoundland, for seventy years past, but of late years he has not been able to call anything his own through the violence and oppression of certain West Country owners, who pretend to privilege by the King's patent not only to take petitioner's houses &c., but to injure his person, and have driven him and his family to quit the place. Last year they did such damage in several harbours that 1,500 men in the harbour of St. John's will hardly make it good. Prays therefore for a settled government with some great guns, ammunition, and an orthodox Minister, all of which the people of Newfoundland are ready to maintain at their own cost. Endorsed as the previous paper. [Col. Papers, Vol. XLIII., No. 41.]
April 3.
[Montserrat.]
959. An Act passed in the island of Montserrat on 3rd April 1679 against negroes wandering and the concealers thereof. [Col. Entry Bks., Vol. LX., pp. 237, 238, and printed in Vol. LXV., pp. 34, 35.]
April 4.
Whitehall.
960. Journal of Lords of Trade and Plantations. The Committee met pursuant to Order in Council of 2nd instant to agree upon instructions to be given to the Earl of Carlisle relating to the present way of making laws in Jamaica. His Lordship's letter of 24th October read, and the address of the Jamaica Assembly read, with other papers. Ordered, that a paper be prepared to combat the objections set forth in the address against the present method of making laws, which paper their Lordships will advise to be sent to Lord Carlisle with directions to communicate such part of it to the Assembly as he shall think fit, and inform them that unless they consent to the laws transmitted thither the King will govern the Island according to the Commission formerly given to Colonel Doyley and others, and reduce all things to the first principles of that Government. Mr. Secretary Coventry to acquaint Lord Carlisle accordingly this afternoon, directing him also to continue meanwhile the laws enacted by Lord Vaughan by proclamation or otherwise, and to send the Act of Impost lately passed by first opportunity. 2 pp. [Col. Entry Bk., Vol. CV., p. 321–323.]
April 4.
Whitehall.
961. Order of the King in Council on report of Lords of Trade and Plantations. Having considered the present state, constitution, and Government of Jamaica, pursuant to your Majesty's order, we see no reason for altering the method of making laws according to the usage of Ireland. We are preparing our reasons. Meanwhile as a ship is lying in the Downs bound for that Island, we recommend that Mr. Secretary Coventry do advise Lord Carlisle at once of your Majesty's pleasure, and that meanwhile the present laws enacted by Lord Vaughan be continued by proclamation or otherwise, also that Lord Carlisle send by prior conveyance authentic copy of the lately enacted Act of impost. Ordered that Mr. Secretary Coventry do instruct Lord Carlisle accordingly. [Col. Entry Bk., Vol. XXIX., p. 284.]
April 4. 962. Secretary Coventry to Governor Lord Carlisle. Enclosing copy of the foregoing Order in Council and recapitulating the same. "If your Excellency should chance to cast your eye first upon the "enclosed Order in Council the material part of my work would be "thereby done." [Col. Entry Bk., Vol. XCV., pp. 288, 289.]
April 4. 963. Minute upon the seizure of certain sugar passing from the French to the English in St. Christophers, by Jean Cloche, advocate in the Parliament of Paris, and director of the farm of the Royal estate of the West in the Islands of America, Nicholas Lemasle, commissioner of the said estate in the Island of St. Christophers. The document recounts that abovenamed went on a tour of inspection on 1st April to see how the French marine forces fulfilled their duty for the interruption of commerce, being specially moved thereto by news of Dutch ships coming from St. Eustatius loaded with sugar; that at Palmeto Point the guard showed them a mare laden with sugar which had been stopped half-an-hour before while going into the English quarter. This mare the said Cloche ordered to be led to the King's office, approving the capture of the same, and declaring it to be good in accordance with the decrees of His (French) Majesty's Council. Follows a representation, dated 4th April, addressed to Mons. Dupas, Judge civil and criminal in the Island of St. Christophers, by the same Jean Cloche. He apologises for the delay in following up the foregoing procés verbal, which delay was caused by the feast of Easter, but now prays for the confiscation of the captured mare, as a severe example is wanted. The Dutch in defiance of the King's orders are continually negotiating to carry on trade with St. Christophers, and the factors are too ready to consent to the ruin of their masters and correspondents. Cloche asks permission to try and discover who is responsible for the present passing of merchandise to the English that he may be punished accordingly. Signed, Cloche. Follows the judgment of Mons. Dupas ordering the confiscation of the mare and granting Cloche the permission for which he asks. 4th April 1679. Signed by Cloche with the name of Dupas. Added in Cloche's handwriting a postscript, assuring Governor "Mathieu" (Abednego Matthew) that the proceedings are legal, and that nothing therein strikes at his authority or the inviolable union between the two nations. To-morrow Cloche hopes to explain the whole business when he shall have received permission from the Chevalier de St. Laurens. French. 3 pp. Endorsed, "Judgment in French concerning the seizure of sugars passing from the French to the English in St. Christophers. Recd. 13th Aug. 1679." [Col. Papers, Vol. XLIII., No. 42.]
(April 4.) 964. Translation of the foregoing, apparently made by a Frenchman, headed, Translate of a Process upon seizure of Sugar in St. Christopher's. Recd. 13th Aug. 1679. [Col. Papers, Vol. XLIII., No. 43.]
April 5.
Whitehall.
965. Journal of Lords of Trade and Plantations. Mr. Scut and Mr. Perrot appearing on behalf of the Newfoundland fishing ships, Mr. Downing and Mr. Oxford on behalf of the Newfoundland people, attended. Order in Council of 16 January 1678 read, directing the Committee to examine and report on the business of Newfoundland. Petitions of William Downing and Thomas Oxford likewise read, praying that a Governor, fortifications, and a minister may be provided for the security of the country. Thomas Oxford makes oath that the western ships proceed on their voyages before the time appointed by the Charter, and that in February last he met twenty-five sail belonging to Dartmouth at sea, and having hailed them understood they were on their way to Newfoundland. After many discourses and arguments the Western Adventurers ask six weeks time to prepare themselves, and to give notice of His Majesty's orders to their correspondents. But it appearing that this order was delivered to Mr. Rider, Recorder of Dartmouth, twelve months past, and that these gentlemen had summons to attend upon it by letter of 10th February last, and looking to the necessity for despatch of the business by reason of the shipping and convoys that are shortly going on this voyage, their Lordships order both parties to attend on the first Saturday after Easter and bring in such proposals as they think fit for the security of the country and trade. 2 pp. [Col. Entry Bk., Vol. CV., pp. 323–325.]
April 14.
Whitehall.
966. Journal of Lords of Trade and Plantations. Lord Culpeper's commission prepared by the Committee is read, but it being doubted whether the same, being only during pleasure, might not prejudice His Lordship's former grant of the Government, which is during life, Ordered, that Mr. Attorney-General prepare such clauses and provisoes as may secure his Lordship's right. Lord Culpeper's instructions read and approved. Their Lordships, taking notice of the complaints made in Virginia of the heaviness of taxes raised by poll, order an instruction to be prepared that his Lordship recommend to the Assembly the finding out a more equal and easy way for levying money. Secretary Coventry acquaints the Committee, in reference to Robert Ayleway's petition, that the place of auditor of Virginia had been formerly possessed by Colonel Nathaniel Bacon and confirmed to him under His Majesty's Sign Manual in 1675, and that Ayleway's patent ought to be void, as obtained without a knowledge of the right already invested in Bacon. [Col. Entry Bk., Vol. CV., pp. 325, 326.]
April 14.
Custom House.
967. Commissioners of Customs to Lords of the Treasury Report on the petition of Réné Petit and Jacob Guérard. The quantity of tobacco grown in Carolina is considerable and annually increases, but the books of the Custom House give no clue to the receipts for the same, for owing to the badness of the harbours in Carolina most of the tobacco is carried in sloops and small ketches to Virginia and New England and shipped to England from thence. Would observe (1) that the Protestant families referred do not at present appear to be in parts beyond the seas, in which case it would be a good work to encourage them not to settle in Carolina, but to be settled in England. Too many families already betake themselves to the Plantations and Ireland to the unpeopling and ruin of England, and this tendency should be checked rather than encouraged. If the families are not settled in England, that is another matter; by all means let them be encouraged. (2) The Proprietors and not the King should bear the expense of the undertaking. (3) The Customs on tobacco are so considerable, twopence per pound, that it would be an injustice to other tobaccogrowing colonies to permit her to import tobacco custom free. Moreover it would lead to fraud, for the tobacco of neighbouring colonies would be shipped in small vessels to Carolina and exported to England as of the growth of Carolina. (4) If His Majesty do anything for the petitioners, let him grant them a proportion of the customs derived from the produce which they assert to be peculiar to them,—wine, oil, and silk,—and take precautions that no such commodities be accepted as the produce of Carolina without proper authentication. Signed, Richard Temple, Fr. Millington, G. Downing, Ch. Cheyne, John Upton. [Col. Papers, Vol. XLIII., No. 44.]
April 14.
custom House, London.
968. Commissioners of Customs to Commissioners of the Treasury. In answer to your Lordships' commands of 21st March (see ante, No. 944) respecting a proposal that the master or merchant of every ship trading to the Leeward Islands should carry a certain number of arms for sale therein, we report that there is no law by which merchants and masters can be compelled so to carry arms, but we doubt not that if His Majesty give them liberty to ship them off for three years custom-free, in numbers not exceeding those already suggested, and taking out a free warrant as in case of bullion, the merchants will be most likely to be encouraged to do what is required, and the loss to His Majesty's customs will not be great. Signed, Richard Temple, Ch. Cheyne, Fr. Millington, John Upton. [Col. Papers, Vol. XLIII., No. 45, and Col. Entry Bk., Vol. XLVI., p. 344.]
April 15. 969. Journal of the Assembly of Barbadoes. Having sat three several times by adjournment, the House according to the rules proceeded to election of a Speaker, and Colonel Richard Guy was chosen. Voted that any member upon breach of the rules shall not be admitted to composition or mitigation of the penalties imposed. Letter read from the House to Sir Peter Colleton and Colonel Henry Drax, containing the heads of several addresses needful to the good and benefit of the island. The letter read, of which the following is an abstract:—As free trade cannot be obtained with Scotland, that His Majesty be moved to license six ships yearly at least for that trade to bring recruits of white people, the want of whom is become an apparent hazard of the place in regard of dangers from without and much greater from within. That it be represented how poorly this island is supplied with negroes, how bad and useless the sorts that are brought, and how invincible is the trouble, slavery and attendance to the planter to procure them after they come. Whether the Royal African Company cannot be divided into sundry and separate stocks and jurisdictions, whereby the advancing the trade on the coast of Africa will not receive any disadvantage and His Majesty's revenue will be doubled. That the Commissioners of the Customs of 4½ per cent. adopt the method established by Lord Francis Willoughby and that the same may be collected without the trouble they complain of and adjust the whole matter with the Lord Treasurer. That the jurisdiction of the Court of Admiralty in this island be regulated. To apply for His Majesty's favour in setting a moderate custom on rum, the native produce of this island, that they may be enabled to transport it into England on reasonable terms, and in the room of French brandy supply it to His Majesty's fleet and other occasions. That laws appointed for the security of the island be not frustrated. The same privilege in point of trade as enjoyed by Tangiers. In order thereunto have appointed thirty butts of sugar to be consigned to them. As they have trade to Ireland for beef, desire it for tallow, without which they cannot work. That the Council be desired to concur with and sign this letter.
April 16. Provision to be made for a Habeas Corpus; that fairs be appointed. Proceedings on reviving the Act empowering a Committee for settling public accounts. The Council signifying their dislike of some part of the letter of the Assembly to Sir Peter Colleton and Colonel Drax, yesterday communicated to them, sent one of their own drawing which, if the Assembly would join, they were ready to sign. Said letter read and after debate agreed by general consent that it pass. Then was read another letter to said gentleman in London, expressing the entire confidence of the Assembly in their abilities, faithfulness, and care to appear in their behalf before His Majesty and Council and all other places they judge needful and convenient, and sending him thirty butts of sugar to lay out to their best advantage. Said letters were then presented to the Council, seven of whom signed, and also Richard Guy, Speaker of the Assembly. Ordered, that John Hallett send to Mr. Chaplin, of London, the proceeds of arms sold by the several Colonels and also what remains due upon his account for arms sent for by his Excellency. Adjourned to Tuesday come seven weeks (10th June). [Col. Entry Bk., Vol. XIII., pp. 338–346.]
April 16. 970. Petition of John Van Wachtendonck, Commissary for the States General, and William Freeman, agent for Colonel Stapleton, Governor of the Leeward Islands. Having now agreed about the dispute in respect of the negroes taken from Tobago by Captain Haddock (see ante, Nos. 863, 955, 956), pray that Colonel Stapleton may be empowered to receive all the negroes and the proceeds of such of them as may have been sold, and to keep them in his possession, or that the executors of Captain Haddock give security in the London Court of Admiralty to answer the value of the negroes detained by him when the right of them shall have been decided by their Lordships. Signed by Wachtendonck only. [Col. Papers, Vol. XLIII., No. 46, and Col. Entry Bk., Vol. XLVI., p. 346.]
April 16.
Whitehall.
971. Journal of Lords of Trade and Plantations. Petition of John van Wachtendonck, Commissary for the States General, and of William Freeman, Agent for Colonel Stapleton, read, and petitioners called in, together with Sir Richard Haddock, appearing on behalf of Captain Haddock. Their Lordships, with the concurrence and consent of Sir Richard Haddock, agreed to move His Majesty to comply with the prayer of the petitioners. Order in Council to carry out their Report on the same day.
Three Acts for Virginia, for Revenue, Naturalization, and Oblivion read, and, with several amendments, approved. Agreed also that several laws made by Sir William Berkeley on 20th February 1676 be repealed, according to an instruction given to Lord Culpeper. List of the Acts, nearly all dealing with the rebellion. His Lordship's Commission and Instructions being settled, agreed to send the same to Secretary Coventry for transmission with all convenient speed; also to warn the Master of the Ordnance to take care to change the powder now in Virginia. Ordered in Council same day and papers delivered to Secretary Coventry on 20th April. [Col. Entry Bk., Vol. CV., pp. 326–328.]
April 16. 972. Order of the King in Council, on the petition of Johan von Wachtendonck, That Colonel Stapleton be ordered to take the negroes or the proceeds of the sale of them into his possession, and detain them until the question be settled. Letter to Governor Stapleton accordingly. [Col. Entry Bk., Vol. XLVI., pp. 350–352.]
April 16.
Whitehall.
973. Order of the King in Council. That Lord Culpeper's Commission and Instructions, and the Acts of Oblivion and Naturalization be transmitted to Secretary Coventry to be despatched with all convenient speed. [Col. Entry Bk., Vol. LXXX., p. 312.]
April 17/27.
Barbadoes.
974. Governor Sir Jonathan Atkins to Lords of Trade and Plantations. Has received no commands from them for a long time, which confirms his opinion that affairs at home are very impulsive upon their Lordships and far more considered than these foreign dependencies which are of much less moment. Hear nothing more of the French, but are well resolved as to their mutual defence. Not three persons have refused to take the oath of allegiance and supremacy except the Quakers who are in no places of trust. Has sent all the laws in force; they are never under the seal of the Island, but are signed by the Governor and read in every church of the island when they pass for laws. No laws ever sent home by any preceding Governors; he has sent home all made since he was Governor which have lain some of them before their Lordships more than three years and no conclusion made, to the great confusion of the people and privilege of the country. Begs their Lordships to solve this most important impediment. Has taken the oath, which is recorded amongst the public records of the island. Sir Robert Hacker, recommended to be one of the Council, died before he was sworn, so there is still a vacancy, and Colonel Drax is going for England, so will hardly be able to make a Council. If the Council be under nine, the Governor may swear one with a proviso that the King confirm him. Will get no man to undertake it on those terms, for no man will be content to be a mock councillor. "Rec. 11 June." [Col. Papers, Vol. XLIII., No. 47, and Col. Entry Bks., Vol. VI., pp. 257–260., and Vol. CVI., p. 187.]
April 20.
St. Jago de la Vega.
975. Governor Lord Carlisle to Lords of Trade and Plantations. Is heartily sorry at the occasion of their Lordships being so much burthened with the late troubles of England that the small grievances of Jamaica can scarce find or expect time or place for redress. Has let pass no opportunity of keeping the state of affairs before Secretary Coventry, and cannot forbear to remind their Lordships that the Island, if encouraged and not neglected, may prove a considerable advantage to the Crown, as Sir Francis Watson can inform them at large. [Col. Papers, Vol. XLIII., No. 48, and Col. Entry Bk., Vol. XXIX., p. 316.]
April 22
Barbadoes.
976. Governor Sir Jonathan Atkins to William Blathwayt. Has sent his taking the oath authenticated under the hand of the Secretary in whose hands the records are. Enclosed,—
976. i. Certificate by Edwyn Stede, Deputy Secretary, that the oath taken by Governor Atkins, relating to encouraging shipping and navigation, is entered in the records of the Secretary's Office of the Island. "Rec. 11 June." [Col. Papers, Vol. XLIII., Nos. 49, 49 I., and Col. Entry Bks., Vol. VI., p. 260, and Vol. CVI., p. 18.]
April 22.
Whitehall.
977. Journal of Lords of Trade and Plantations. Order in Council constituting the Committee of Trade and Plantations, to consist of the following members: Heneage, Lord Finch, Lord Chancellor; Anthony, Earl of Shaftesbury, Lord President of the Council; John, Duke of Lauderdale, Secretary of State for Scotland; James, Duke of Ormond, Lord Steward of the Household; Charles, Marquess of Winchester; Henry, Marquess of Worcester; Henry, Earl of Arlington, Lord Chamberlain; John, Earl of Bridgewater; Robert, Earl of Sunderland, one of His Majesty's Secretaries of State; Arthur, Earl of Essex, First Lord of the Treasury; Earl of Bath; Thomas, Viscount Fauconberg; George, Viscount Halifax; Henry, Lord Bishop of London; Denzil, Lord Hollis; William, Lord Russell; William, Lord Cavendish; Henry Coventry, esq., one of His Majesty's principal Secretaries of State; Sir John Ernle, knight, Chancellor of the Exchequer; Edward Seymour, esq.; and, Henry Powle, esq.; or any three of them. Their Lordships to meet at least once a week and report to the King in Council from time to time. Mem.—That on the Friday following Sir William Temple, Baronet, was added to the Committee, as also the Lord Roberts on the 27th June 1679. [Col. Entry Bk., Vol. CVI., pp. 1, 2.]
April 23. 978. Report from the Commissioners of the Treasury on the proposal made in Council on 21st March, that merchant vessels trading to the Leeward Islands shall carry arms for sale. Enclose the Report of the Commissioners of Customs (see ante, No. 968). Signed, Essex, L. Hyde, J. Ernle, Ed. Dering, S. Godolphin. [Col. Papers, Vol. XLIII., No. 50, and Col. Entry Bk., Vol. XLVI., p. 342.]
Order in Council of same date to carry out said proposal. [Col. Entry Bk., Vol. XLVI., p. 346.]
April 29.
Whitehall.
979. Journal of Lords of Trade and Plantations. Their Lordships met to settle the regulation between the Adventurers and Planters of Newfoundland. Mr. Scut and other merchants appear on behalf of the Adventurers; Mr. Downing and Mr. Oxford on behalf of the Planters. The merchants, on being asked whether they had received any orders from the western towns to make any proposals for the settlement of the fishery and colony, replied that, having acquainted their correspondents therewith, they had only declared themselves resolved to rely upon the validity of their charter without agreeing to any qualification whatever. Whereupon was read the Report of 15th April 1675, letter from Sir John Berry of 12th September 1675, with Sir William Poole's answer to heads of inquiry. Their Lordships put two questions to the parties, (1) what prejudice the planters can do to the fishing trade ? (2) whether Newfoundland and the fishery can be secured to England without a colony? The merchants reply that the planters disturb their fishery and bring provisions from New England; and that for the security there needs no other defence in the winter than the ice, which renders the ports inaccessible, but that in summer possession can only be maintained by the fleet of fishing ships that goes thither yearly under the King's convoy. Their Lordships after debate came to no resolution hereon. Mem.—On the 12th May two copies of the heads of inquiry were sent to Mr. Pepys to be delivered to the convoys going to Newfoundland. [Col. Entry Bk., Vol. CVI., pp. 3, 4.]
[April 29.] 980. Proposals of William Downing and Thomas Oxford, acting for the inhabitants of Newfoundland, to the King and Privy Council. St. John's is a harbour so strong by nature that 25 great guns and 200 small arms would make it safe; more small arms would be required to defend the Que de vide Creek, which is important. Carbonere, in the Bay of Conception, 12 leagues from St. John's, should be fortified with 15 great guns and 80 small arms. Salvadje, 40 leagues north of St. John's, requires 10 great guns and 50 small arms. Ferry Land, 13 leagues south of St. John's, 17 great guns and 100 small arms. Formous, 16 leagues south from St. John's, 88 great guns and 60 small arms. Which of these harbours besides St. John's shall be fortified is left to their Lordships. A selected Government should be established to protect the country against foreign enemies, and in particular the French, and against the oppression of the west country owners. The inhabitants will be willing to do their duty alike by the King and the fishermen. Endorsed, "Recd. 29 April 1679." [Col. Papers, Vol. XLIII., No. 51.]