|
May 1.
Whitehall. |
981. Lords of Trade and Plantations to Governor Stapleton.
Informing him of the proceedings relative to the Tobago negroes
(see ante, No. 972), and that the King has ordered that the
arms he desired may be exported custom free (ante, No. 978),
and acknowledging receipt of his letter of 20th January. Précis
only. [Col. Entry Bk., Vol. XLVI., p. 354.] |
| May 1. |
982. Memorandum.—On the 1st of May a letter was written to
Sir Jonathan Atkins giving him an account of the change in the
Privy Council, and of the constitution of the Committee of Trade
and Plantations under the same regulation as formerly. [Col. Entry
Bk., Vol. CVI., pp. 10, 11.] |
| May 1. |
983. Memorandum of receipt by James Kynvin of papers from
William Blathwayt relating to the case of the Widow Dudley of
Virginia, including her petitions to the King, Sir William Berkeley,
and the Commissioners of Virginia. Together, 6 papers. [Col.
Papers, Vol. XLIII., No. 52.] |
May 1.
Jamaica. |
984. Nominal roll of Sir Henry Morgan's company of foot.
Lieutenant-General the Right Hon. Sir Henry Morgan, Knight,
Captain; Ralph Fetherstonhaugh, Lieutenant; Uther Tyrrill,
Ensign. 3 serjeants, 3 corporals, 2 drums, 100 private soldiers,
all completely armed; the muster being for 123 days, from the 1st
of May to the 1st of September inclusive. Parchment. Signed,
W. Delamayne. [Col. Papers, Vol. XLIII., No. 53.] |
May 7.
Whitehall. |
985. Warrant to Heneage Lord Finch, Lord Chancellor, to pass
under the Great Seal three laws for the Colony of Virginia,—An
Act of Oblivion,—of Naturalization,—and for a Public Revenue to
be raised in Virginia. [Col. Papers, Vol. XLIII., No. 54, and
Col. Entry Bks., Vol. XCV., p. 169, and Vol. LXXXVII., p. 1.] |
| May 11. |
986. Charles Van Benningen, Ambassador Extraordinary of the
United Provinces, to Lords of Trade and Plantations. In the war
of 1674 the States-General became masters by force of arms of the
fort of the French in Aeadia or Nova Scotia, and gave, in September
1676, John Rodes, an Englishman, commission to trade with the
natives therein. But now Captain Hampton, commanding a British
fort in the neighbourhood, has by force of arms seized the said
Rodes and his ship and detained him prisoner, an open violence and
injustice which is contrary to His Majesty's intentions. Asks the
release of Rodes and the issue of orders forbidding future molestation
of the Dutch in Acadia. Translation. Subscribed, With a minute by
Sir R. Southwell that the above was read in Council 21 May, and
referred to the Lords of Trade and Plantations for their report.
1 p. [Col. Papers, Vol. XLIII., No. 55.] |
| May 11. |
987. The original of the foregoing in French. Signed. [Col.
Papers, Vol. XLIII., No. 56.] |
| (May 12.) |
988. Estimate of monthly charge for maintaining at sea three
fourth and three fifth rate men-of-war for the security of the
Leeward Islands, manned (according to the establishment for war
abroad) with 200 men for each fourth-rate and 110 men for each
fifth-rate, making in all 930. |
|
|
£ |
s. |
d. |
|
Wages of the men at 30s. per man per
month of 28 days |
1,395 |
0 |
0 |
|
Victuals with extraordinary necessary
money and contingencies, 20s. per man
per month |
930 |
0 |
0 |
|
Wear and tear of ships, at 30s. per man
per month |
1,395 |
0 |
0 |
|
Total per month |
£3,620 |
0 |
0 |
|
Endorsed, "Recd. from Mr. Pepys 12 May 1679." [Col. Papers,
Vol. XLIII., No. 57, and Col. Entry Bk., Vol. XLVI., p. 387.] |
| May 13. |
989. Minutes of the Council of Barbadoes. Edwyn Stede this
day took the oaths of allegiance and supremacy, as also the oath of
a Councillor in this Island, and took his place in Council accordingly.
[Col. Entry Bk., Vol. XI., p. 301.] |
| May 16. |
990. Order of the King in Council, that the complaint of the
inhabitants of the Bermuda Islands be referred to the Lords of
Trade and Plantations with copy of their petition. Signed, Robert
Southwell. Annexed, |
|
990. i. The petition referred to, from the Freeholders, Inhabitants,
and Merchants. In the 13th year of his reign King
James the First granted certain privileges to the proprietors to make laws for Government, provided that
they were not contrary to the law of England, in virtue
of which many good and wholesome laws have been
enacted by the Governor, Council, and Assembly. Since
then many of the proprietors have disposed of their
interest to merchants and inhabitants of Bermuda, the
latter believing that they would enjoy the benefit of the
laws above mentioned; but now the Company in London
contrary to all law and justice have given orders to their
officers in Bermuda to dispossess the inhabitants of their
freeholds or estates without any trial at law whatsoever,
and have ordered that no more Assemblies shall be convened, so that the inhabitants for want of any Assembly
to press their grievances are almost ruined by the unjust
taxes imposed upon their commodities by order of the
London Company, and His Majesty's poor subjects are
made slaves as enclosed documents will prove. They
therefore pray relief. Signed, John Stow, Thomas Smith,
Christopher Smith. "Recd. 14th June." 1 p. [Col.
Papers, Vol. XLIII. No. 58, and Col. Entry Bk., Vol.
XVII., p. 62.] |
|
990. ii. The aggrievances and complaints of the freeholders, etc.
against the Company: (1) The dispossession without trial
at law above mentioned. (2) That many ships bound
from Jamaica and other parts to the Port of London with
full freight prove so leaky that they cannot keep the sea
being destitute of provisions and water and ready to
perish, and yet would not put in for relief to obtain
what they want and pay punctually for the same, because
the Governor and officers of Bermuda have forbidden
them to come in unless on payment of dues as trading
vessels, which is unreasonable. By this means many
ships are constrained to run great hazards which might
be spared, to the refreshment of the crews and the relief
of the people of Bermuda. (3) The Company has ordered
the freeholders, merchants, and planters to pay fourpence
on every gallon of rum imported from Barbados, notwithstanding that the King's 4½ per cent. is paid by the
owner thereof before he can obtain a cocquet for shipping
the same. (4) The Company is bound by the Letters
Patent to provide the inhabitants with ships, yet during
the late Dutch war it never sent a ship in two years'
time, so that the inhabitants are destitute, not only of
merchandise, but of arms and ammunition. Yet they
were not permitted to consign their tobacco for the port
of London in their own vessels or any other, but must
keep it till it perish and be utterly lost, notwithstanding
that security was tendered for His Majesty's customs.
(5) The inhabitants have no redress, the Company's own
book of laws being designed to stifle their rights and
privileges. (6) The inhabitants frequently have occasion
to petition His Majesty for relief from many injuries, but
the present Government will not suffer such petitions to
come for England, unless allowed and approved by them;
and if the scope of the petition touch the Government for
its illegal proceedings, then it must not be put into the
Company's box nor allowed of, and so the petitioner's cry
is not heard and unrelieved; for, if the petitions come not
in the Company's box, by the allowance of the Government and Council here, the foresaid petitions are slighted,
buried in oblivion, and never read. (7) By the Letters
Patent, the fourth part of the island is allotted for
defrayal of its public charges, yet the Government do
meet, sit, and tax the inhabitants to pay a general levy,
as they call it, both by the land and by the poll, and upon
refusal of payment attach and condemn the goods of
persons so refusing, and keep the same till they will
pay or imprison them till they do. (8) The Company
have made a law forbidding the importation of any dry
goods whatsoever from the English plantations, either
Jamaica, Barbadoes, or the Leeward Islands, on pain of
forfeiture of ships and cargo. (9) The Company prohibits the inhabitants from building vessels for their own
relief, to the discouragement of navigation and trade,
that so the inhabitants shall have neither ships nor
goods but what shall come from them when and at what
rates they please. (10) The inhabitants do greatly groan
under the burden of a want of free trade to dispose of
their commodities for their own advantage where and to
whom they please, paying His Majesty's customs, and
under the compulsion to send it to the port of London,
though it will bring the owner in debt, for no other
purpose than that the Company may have a third part of
the value of the tobacco for duties, as they call it. By
such means the planters are discouraged from planting
great quantities for freighting many vessels, since they
can have but one yearly. (11) The inhabitants complain
that they are prohibited from carrying on the whale
fishery, which tends to the increase of the King's customs,
of navigation and trade, the employment of the inhabitants, and the enriching of the island. Signed, John
Stowe, Thomas Smith, Richard Mathalin, Christopher
Smith. 4½ pp. [Col. Papers, Vol. XLIII., No. 58,
and Col. Entry Bk., Vol. XVII., pp. 65–69.] |
May 16.
Whitehall. |
991. Order of the King in Council. That Captain Rudge of the
Hopewell, lately come from Virginia, and able to give information
concerning the state of that Colony, attend the Lords of Trade and
Plantations on the 20th May instant. [Col. Papers, Vol. XLIII.,
No. 59.] |
May 19.
Whitehall. |
992. The Lords Proprietors of Carolina to the Governor and
Council of Ashley River. Former instructions respecting landgrants revoked. Looking to the remoteness of families one from
another, by reason of the great tracts of land possessed by men who
will not be able for a long time to stock them fully, it is ordered
that every free person arriving in Carolina after 25th December
shall have but 70 acres of land, and but 70 acres more for each
man servant, 50 acres for every woman servant or man servant
between the ages of twelve and sixteen, and 60 acres to his or
her proper use on the expiration of their time. The Proprietors are
informed that, to evade their instruction that no man under the
degree of a Proprietor, Landgrave, or Cacique, shall have above a
fifth part of the depth of his land to the river, the Governor and
Council have suffered people to take up the land by several warrants,
whereby they obtained a much greater proportion of land on the
river than they would have had if they had taken up their land all
by one warrant. Such a proceeding will make the land thinly
peopled, and is in no way pleasing to the Proprietors. They expect
the Governor to be more careful in husbanding their land, or they
will be forced to find others that will. They are further informed
that many persons who arrive to plant, spend their time idly, and
consume what they bring with them, and then, finding themselves
unable to quit the place, lay the blame on the soil and the country.
To remedy this, all new comers are to be called upon to employ
themselves in planting provisions. Ten barrels of gunpowder are sent
herewith, but the Colony, for the future, must provide herself with
such things at the public charge. Some Indian trade also is sent to
Mr. Perceval and Mr. Maurice Mathewes to purchase from the
Indians the land of Adisto ("Edistoh") or Colleton River. 1½ pp.
Sent per Captain John Comins. [Col. Entry Bk., Vol. XX.,
pp. 141, 142.] |
| (May 19.) |
993. The King to Sir Jonathan Atkins, Governor of Barbadoes.
Strictly charges, authorizes, and commands him to pay all sums of
money, goods, and other things for which he is accountable to His
Majesty for his part or share of the negroes belonging to interlopers
condemned in that island, to Anne, Countess Dowager of Bristol,
her executors or assigns, to whom the King has granted the same.
[Col. Entry Bk., Vol. VI., pp. 262, 263.] |
May 20.
Virginia. |
994. Governor Sir Henry Chicheley to Secretary Coventry.
Encloses letter from the Grand Assembly of Virginia to the King,
being a compendious narrative of the country's suffering and its
application for relief, and would enlarge thereon to Secretary
Coventry's worthy self, Virginian affairs being his special department.
This sessions the Assembly has received complaints from the counties
of York, Nancimond, Isle of Wight, and James City as to the quartering
of the King's soldiers. Isle of Wight and Nancimond received
command from the late Lieutenant Governor to quarter and provide
for Major Mutlow's company from 14th July 1677 to 16th January
1678, for which they are still indebted to the inhabitants for
249l. 6s. 3d., as certified by the hand of Lieutenant John Tong, of
that company. York and James City have so far had no satisfaction for twelve month's quartering of the King's troops under
command of Captain William Morris, whose pay is not yet arrived
for any part of that time. Hence inhabitants and soldiers are
equally distressed. Also the late troubles and distractions, with the
frequent incursions of Indians on the frontier and murder of the
whites thereon, have so much impaired the stocks that the remnant
thereof will barely give assistance for defence of the country and
support of the families therein. Hence begs Mr. Secretary to
further the humble motion to the King for release from all arrears
of quit-rents. 2 pp. [Col. Entry Bk., Vol. LXXX., pp. 360, 361.] |
| May. |
995. Sir Henry Chicheley and Mathew Kemp, Speaker of the
Assembly of Virginia, to the King. The late intestine divisions
of the Colony and the charge of a tedious war with the Indians
have reduced them to a poor and distressed state, and to supplicate
in behalf of His Majesty's soldiers and themselves. Pray for a
remission of all arrears of quit-rents and for the supply of the
excessive charge they must necessarily undergo in defence of their
frontiers. Read in Council 25 July 1679. [Col. Entry Bk.,
Vol. LXXX. p. 362.] |
May 20.
Whitehall. |
996. Journal of Lords of Trade and Plantations. Information
of Captain Rudge of the ship Hopewell, summoned by Order in
Council of 16th instant. Left the falls of James River in March
last; understood that the Indians who had lately made peace
with the English had committed great disorders, killed several
people, and totally ruined the estate of Colonel Place; the country
in great alarm of an Indian attack in the summer; eight or ten
thousand Indians in the Blackwater, on the northern border of
Carolina. The people not yet reconciled to each other since the
rebellion, which bred a deal of bad blood; Assembly to meet
20th May; the present Governor, Sir Henry Chicheley, very old,
sickly, and crazy. Captain Rudge's report confirmed by several
other masters of ships trading to Virginia. Information of Captains
Grantham and Rider, lately returned from York River, Virginia.
Report of great incursions of Indians about the Rappahannock;
alarm of a summer attack so great that people were leaving their
plantations for a safer part of the country. Lord Culpeper and
the captains represented the danger to ships trading to Virginia
from the Algerines, who are now very strong and come into the
channel, and asked for a convoy. The Committee agreed to lay
the matter before the King. Secretary Coventry presented a
petition from Bartholomew Price, guardian to John Jeffreys son of
Colonel Herbert Jeffreys, late Governor of Virginia, complaining of
the hard usage received from Colonel Spencer, attorney to Lord
Culpeper, who proceeded against Mrs. Jeffreys on pretence of a
debt for all perquisites received since Colonel Jeffreys came into
the country. Lord Culpeper answered that he is confident that
Colonel Spencer has not exceeded the instructions given in the
King's letter of 27th December 1677 on the subject, and offers
500l. security to make good anything that may have been done by
Colonel Spencer contrary thereto. |
|
Their Lordships, finding the Massachusetts' Agents very impatient
to return home, agree to report that such a letter be written to
the Colony as may keep things there in a fair way of amendment
until a fitter season shall present to reassume the whole business.
The letter to set forth that His Majesty has consented to the
return of the Agents, the rather that the prosecution of the Popish
plot has not left sufficient leisure for the perfect settlement of the
Colony, and commands them to send over two other persons
within six months, fully instructed. It is expected that the
Government will intercede for His Majesty's favour; that the
letter of 8th June 1662 be complied with; that those who serve
God in the way of the Church of England be made capable of the
magistracy; that there be no other distinction in making freemen
than that they be of competent estates; that the ancient number
of 18 assistants be observed, none be admitted to any office without
taking the oath of allegiance, and all Commissions run in the
King's name. They are to abolish all laws inconsistent with the
Acts of Trade, and to assist Mr. Randolph in the discharge of his
trust. His Majesty took it very ill that they should presume
to purchase Gorges' interest in the province of Maine, and was
informed of their severities to the inhabitants of that province.
His Majesty does not think fit to gratify them with the government of New Hampshire, north of the Merrimack, being resolved
to take it into his own immediate care, and therefore requires
them to recall all Commissions, &c. 6½ pp. [Col. Entry Bk.,
Vol. CVI., pp. 5–11.] |
| (May 20.) |
997. Petition of Bartholomew Price, guardian to John Jeffreys,
a minor, son to Colonel Herbert Jeffreys, to the King. For
payment of 300l. granted by His Majesty to Colonel Jeffreys, but
still in the hands of Alderman John Jeffreys, and of arrears of his
salary from 25th March 1678 for the relief of the poor widow,
now in prison, and the maintenance of her poor orphan, and to
grant an order for her release. "Delivered to the Committee by
Mr. Secretary Coventry 20th of May 1679." [Col. Entry Bk.,
No. LXXX., p. 304.] |
May 21.
Whitehall. |
998. Order of the King in Council. On Report of Committee
for Trade and Plantations respecting petition of Bartholomew
Price, guardian to Colonel Jeffrey's son, Ordered that Sir Henry
Chicheley, Governor of Virginia, inform himself, and give speedy
report, of the differences depending between Lord Culpeper or his
agents, and take care that Mistress Jeffreys be permitted to come
to England to settle her deceased husband's debts; also that
Secretary Coventry take sufficient security on the part of Lord
Culpeper, as of said Mistress Jeffreys, that all things be duly
performed pursuant to His Majesty's letter of 27th December 1677
(ante, No. 539). 3 pp. [Col. Entry Bk., No. LXXX, pp. 309–311.] |
| May ? |
999. Petition of John Van Wachtendonck, Commissary for the
States-General and the Dutch West India Company, to Lords of
Trade and Plantations. Praying that the answer received from
Sir Jonathan Atkins concerning the ship Asia may be communicated to him. Annexed, |
|
999. i. Sentence of the High Court of Admiralty that the ship
Asia, with her lading and appurtenances, belongs to the
Dutch West India Company. London, 1678, April 9. |
|
999. ii. Order of the King in Council. That copy of the
memorial of the Ambassador Extraordinary of the
States-General of the United Provinces be sent to
Sir Jonathan Atkins, Governor of Barbadoes, who is
hereby required to return his answer how the product
of the ship Asia and her goods hath been disposed
of, and why they were not restored according to the
sentence of the High Court of Admiralty. Whitehall,
1678, July 9. |
|
999. iii. The memorial of C. Van Benningen to the King above
referred to. That His Majesty would be pleased to
employ his authority to cause the ship Asia, together
with her lading and appurtenances, to be restored to her
owners, or the just value, amounting to 72,704 livres,
money of Holland. Westminster, 1678, July 10. |
|
999. iv. Copies of the above Order of the King in Council and
the memorial of C. Van Benningen. Together, 6 pp.
[Col. Papers, Vol. XLIII., Nos. 60, 60 I–IV.] |
May 22.
Whitehall. |
1000. Journal of Lords of Trade and Plantations. Petition of
Johan Van Wachtendonck read, asking that Sir Jonathan
Atkins's letter respecting the ship Asia may be communicated to
him. Sir Jonathan Atkins' letter of 3rd March (ante, No. 914)
read, at which their Lordships are much dissatisfied, inasmuch as
he does not mention the sum for which he expects to be reimbursed,
and questions the power of the Admiralty in England to take
cognisance of the case. They will therefore report that the 300l.
for which the ship is said to have been sold be paid to the Dutch
Agent, and consult Sir Richard Lloyd, one of the Judges Surrogates
of the Admiralty, as to the liability of the Dutch West India
Company for the salvage and necessary charges incurred by the
officers of Barbadoes. |
|
Lord Carlisle's letters of 31st July, 11th September, 24th October,
15th November 1678, 26th January, 18th February, and 20th March
1679, read (see ante, Nos. 869, 894, 943), whereon their Lordships
report:—(1) That no ship can be sent to Surinam without liability
to confiscation, the English therein having had ample time and
opportunity to remove themselves; yet that the Governor has no
reason to detain them if they choose to depart by a trading vessel.
(2) No government can be maintained at Trist without violation
of the Treaty with Spain; the logwood trade must be regulated by
the Order in Council of 19th March 1679. (3) Private trade with
the Spaniards would be offensive to them and contrary to the
Navigation Act. (4) The people of St. Christopher's should not be
encouraged to move to Jamaica. (5) The King cannot be at the
expense of transporting disbanded soldiers to Jamaica. Report on
the state of Jamaica and system of law-making, taken according to
Minutes of 4th April, read. Their Lordships agree to present the
same unsigned. |
|
Petition of Réné Petit concerning transportation of Protestant
families to Carolina, together with report of Commissioners of
Customs, read. Their Lordships agree to recommend the preparation and fitting out of two ships, drawing not more than twelve
feet of water, to transport the said families. The families to victual
themselves, and the King to be at no charge further than to
maintain the ship's company and his own officers. The families,
also, shall be such as are specially fitted for the design, shall be
genuine arrivals from across the seas, and shall not settle further
south than the 34th degree of latitude; and the reimbursement
desired by them shall be made out of the customs arising from
commodities brought out of such plantations in Carolina as
lie within that latitude. 5 pp. [Col. Entry Bk., Vol. CVI.,
pp. 11–16.] |
| May 22. |
1001. Memorandum.—The Lords of Trade and Plantations,
having had in consideration the state of Jamaica in relation to the
laws to be settled there, together with a report prepared in accordance with His Majesty's orders, entered into debate thereof, and by
reason of disagreement in their opinions agreed to present that
report to His Majesty without signing, for His Majesty's directions
thereupon. [Col. Entry Bk., Vol. XXIX., p. 293.] |
May 22.
Council Chamber. |
1002. The Lords of Trade and Plantations to the King. (1) In
the matter of Lord Carlisle's request for permission to send a vessel
to bring off the residue of the English from Surinam (see above,
No. 869), although, by the 5th Article of the last treaty with Holland,
your Majesty is entitled to depute persons to see the condition of
your subjects at Surinam and send one, two, or three ships at a
time for the embarkation of them and of their goods, yet, conceiving
the permission of the Dutch to be temporary only, and all British
subjects having had fair warning, we do not think any of your
Majesty's Governors may with success, or without exposing their
vessels to confiscation, send thither at this time to transport the
English from Surinam, at least not until the States-General shall,
in like manner as formerly, grant letters to the Governor of the
Colony to suffer the said English to depart, and permit the
coming of ships for their transportation; on the other hand, we
see no reason, unless for present defence against the Indians,
why the Dutch Governor should forbid the English to transport
themselves elsewhither, such contingency being expressly provided
for by the 5th Article of the surrender between Colonel Byam,
Governor of Surinam, and Abraham Crinsens, who took the same.
(2) In the matter of the complaints from Trist respecting the
disorders through want of regulation of the logwood trade, and
Lord Carlisle's recommendations thereon, although your Majesty's
subjects have long resorted to Trist for the cutting and selling of
logwood, yet it does not seem to us that any government was ever
constituted there, nor any settlement regularly established which
would amount to lawful and quiet possession. The island is
surrounded on all sides by the Spanish Plantations on the Main, and
although not actually possessed by the Spaniards has always been
accounted part of their dominions, and we are therefore of opinion
that no habitation or government can be allowed or maintained
there by your Majesty, without violation of the Treaty which
forbids your Majesty's subjects to sail or trade in the havens of the
Catholic King in the West Indies. As to the trade of logwood, for
the sake of which alone the settlement can be useful, we advise
that Lord Carlisle may guide himself according to the Order in
Council of 19th March last, and discourage as far as in him lies the
cutting of logwood in the Bay of Campeachy or any other of the
King of Spain's dominions. (3) In the matter of the desire
of the French in Hispaniola to trade with Jamaica we are of
opinion that Lord Carlisle should be put in mind of the Acts of
Parliament forbidding and restraining all trade with strangers to
and from your Majesty's plantations, which Acts his Lordship has
has sworn to obey; moreover a public allowance of Trade with
either Spaniards or French would give matter of offence to those
Kings, who are so strict in prohibiting traffic with strangers.
(4) Respecting the planter who found obstacles from local Acts in
the way of transporting himself and his family from the Leeward
Islands to Jamaica (see ante, No. 907), we presume that, whatever
instructions your Governors in those years have formerly had in
relation to the French fleet which then seemed to threaten the
Leeward Islands, your Majesty cannot but esteem these Islands a
considerable parcel of your Plantations, not only for their trade,
but for their absolute necessity for opposing the French, and
hindering their progress and designs against your other Colonies.
(5) As regards Lord Carlisle's suggestion that, owing to the scarcity
of white men in Jamaica, and the opportunities enjoyed by tradesmen to improve themselves therein, your Majesty may be moved
therein in disbanding of the Army, we think it not convenient for
your Majesty to be at further charge and trouble herein, further
than that, if any person or tradesman should desire to repair to
Jamaica, your Majesty permit them to go upon such terms and
encouragements as are usual in like cases. (6) Lastly, we note
the strengthening of Port Royal by two new batteries, Forts
Rupert and Carlisle, through the diligence of Sir Henry Morgan,
and bring the same to your Majesty's notice. Signed, Anglesey,
Shaftesbury, Sunderland, H. Powle, Thomas Dolman, Henry
Coventry. Ordered, that Mr. Secretary Coventry signify His
Majesty's pleasure to Lord Carlisle that he govern himself
according to their Lordships' opinion aforesaid. [Col. Papers,
Vol. XLIII., No. 61, and Col. Entry Bks., Vol. XXIX., p. 305, and
Vol. XCV., pp. 293–296.] |
| May 23. |
1003. Proposals from the New England Agents. It is humbly
moved and thankfully accepted that the King in his letter to be
sent by the Massachusetts Agents on their return may signify
his pleasure in the particulars following:—(1) the continued
administering of the oath of allegiance to all who settle or grow
up in this their jurisdiction, and to all admitted to places of
government and trust; (2) the annulling of laws repugnant to the
laws of England, and due care that no such be made for the future;
(3) the due observation of the Acts of Trade and Navigation, and
encouragement of officers appointed to that end; (4) moderation
and forbearance towards such as dissent in matters of conscience
and worship; (5) that membership of the Church of England be no
hindrance to admittance to freedom or election to offices; (6) that
there be appointed annual acknowledgment to be rendered to the
King by way of recognition of dependence on the Crown: the fifth
part of royal ore cannot be yielded, as no such ore has yet been
found there. Annexed, |
|
1003. i. An unfinished draft of a warrant under the Sign Manual
to Edward Randolph, Chief Collector of Customs. 2 pp.
[Col. Papers, Vol. XLIII., No. 62.] |
| May 23. |
1004. Copy of the foregoing paper. [Col. Papers, Vol. XLIII.,
No. 63.] |
| (May 23.) |
1005. Petition of Benedict Arnold to the King. His grandfather, William Arnold, of Patuxet in Rhode Island, by his last
will made him his heir, but Stephen Arnold, youngest son of
William Arnold, detains the deeds and embezzled the said will, to
the petitioner's damage about 400l. Can expect no remedy in
Rhode Island, for the most of them are of kin to Stephen Arnold,
and will not allow challenge of juries according to law. Prays for
a royal order to the Governor of Plymouth to hear the case.
Signed, on behalf of Benedict Arnold, William Harris. Subscribed, A reference, dated 23 May 1679, to the Committee for
Trade and Plantations. Signed, Robert Southwell. Endorsed,
"Recd & read 23 May 1679; recd 6 June 1679, read 19 June
1679, not granted." 1 p. [Col. Papers, Vol. XLIII., No. 64.] |
May 28.
Whitehall. |
1006. Order of the King in Council. Report (dated 22nd May)
of Lords of Trade and Plantations on the petition of Réné Petit
and Jacob Guerard (ante, Nos. 918, 930 I), recommending that the
prayer of the petition be granted, subject to certain conditions.
(See ante, Journal of Lords of Trade and Plantations, No. 1000).
Ordered, that as soon as the petitioners or others in their behalf
shall execute the promises made in their petition the King will
give orders for the said ships to be fitted out and despatched, and
for the reimbursement of the 2,000l. The report is a draft with
additions in the handwriting of Sir T. Dolman, who has also filled
in the signatures. Together, 4 pp. [Col. Papers, Vol. XLIII.,
No. 65.] |
| (May 28.) |
1007. Petition of Sir Francis Morton, John Netheway, and
Captain Joseph Crispe, on behalf of the English in the Leeward
Islands, to the King and Privy Council. The French King having
refused to confirm the treaty concluded by Comte de Blenac and
Sir W. Stapleton unless Jamaica and Barbadoes be included,
petitioners pray that the English Envoy at Paris be instructed to
conclude a peace for them for a certain number of years, as His
Majesty shall think fit. Signed, Fra. Morton, Jno. Netheway.
" Recd. 28 May 1679, read 31 May 1679." [Col. Papers, Vol. XLIII.,
No. 66.] |
May 28.
Whitehall. |
1008. Order of the King in Council. After reading of report
from the Lords of Trade and Plantations (ante, No. 1002), ordered,
that Mr. Secretary Coventry do signify to the Earl of Carlisle that
he govern himself in respect of the several matters according to the
opinions of their Lordships expressed in the said report. [Col.
Papers, Vol. XLIII., No. 67. and Col. Entry Bk., Vol. XXIX.,
p. 305.] |
May 28.
Whitehall. |
1009. Report of the Lords of Trade and Plantations to the
King in Council. We have considered the present state of the
Government and laws of Jamaica, and believe the troubles and
dissatisfactions to have arisen as followeth. By the commission
given to Lord Vaughan and the Governors that preceded him,
power was given to the Assembly of Jamaica to enact laws with
the advice of the Governor and Council, but by reason of the
irregular, violent, and unwarrantable proceedings of the Assembly
that power was altered in the commission of Lord Carlisle to the
present system [i.e., the Irish system fixed by Poyning's law]. A
body of laws sent over by Lord Carlisle has been rejected by the
General Assembly of Jamaica for the following reasons, which
appear in their letters and addresses:—(1) They objected to a
clause in the Militia Bill providing that on all occasions and
emergencies the Governor may act as Governor in Chief according
to the powers trusted to him in his commission, fearing that by
passing the same they may make it legal to execute all instructions
that are or shall be sent to the Governor. (2) They have rejected
the Revenue Bill as being perpetual and liable to be diverted.
(3) They object to the laws as containing divers fundamental errors
and (4) as having not been compared with and amended by the
last laws sent over by Lord Vaughan. (5) They object, that the
distance of the place renders the present method impracticable;
(6) that the nature of all colonies being changeable, their laws
should be adaptable to those changes; (7) that they lose the satisfaction of a deliberative power in making laws; (8) that this form
of Government renders the Governor absolute; (9) that the royal
Prerogative was better secured by the former system. Answer to
the above objections:—(1) It is presumptuous in the Assembly to
question the King's power over the militia in Jamaica, seeing that
by the laws of the kingdom the sole supreme government and
command of the militia and all forces by sea and land resides in
His Majesty in all his realms and dominions. (2) The objection
against the Revenue Bill is groundless, seeing that its perpetuity
was no more than was formerly offered to them by Sir Thomas
Lynch; nor can the revenue be diverted, for provision is expressly
made for its application to the better support of the Government.
Moreover it is not suitable to the duty and modesty of subjects to
question the King's care for the Government of the Colony, whose
settlement and preservation has been most particularly carried on
by His Majesty at great expense to his Treasury. (3) It cannot be
truly said that the laws contain many and great errors, nothing
having been done therein but in pursuance of former laws enacted
by the Assembly with the advice of the Privy Council and the
approval of the Attorney General. (4) To the fourth objection it
may be answered that had anything of moment or importance
been found in the last parcel of laws sent by Lord Vaughan, His
Majesty's tender care for his subjects would not have permitted
those Bills to be sent imperfect or defective in any necessary
matter. (5) As to the distance of Jamaica from England, the
Irish system was adopted for the Colony by advice of the Privy
Council, and care was taken that no law necessary to the well being
of the Colony should be omitted according to the experience of
former Governments. It is not likely that Jamaica is subject to
greater accidents than Ireland, so as to require more sudden and
frequent change of laws in other cases than those provided for in
cases of emergency or in other manner than is provided for in
the King's Commission, whereby free access is granted to the
inhabitants to make complaint to the Governor and Council of any
defect in old laws or any reasons for making new ones. Such
amendments or new enactments can then be modelled by the
Governor, sent home, and retransmitted for enactment by the
Assembly in due course. (6) The principle that laws must alter
according to the interests of the Colony is recognised by the
lodging of power with the Government to enact new laws with the
approbation of the King and Privy Council in England and
the Governor and Council in Jamaica. On urgent occasions power
is given to raise money even without waiting for the King's
consent. (7) The Assembly has doubtless tried to grasp all power
as well as that of a deliberative voice in making laws, but not
without encroachment on the royal prerogative and transgression
of the bounds of loyalty and duty; witness their exorbitant and
unwarrantable proceedings under Lord Vaughan, when they ordered
and signed a warrant to the Marshal of the Island, the King's
officer of justice, to stay and prevent execution of sentence on a
notorious pirate and disturber of the King's peace. Further they
have taken on themselves, in virtue of their deliberative power, to
make laws contrary to those of England and imprison the King's
subjects; and they have raised money by public Acts and disposed
of the same without mention made of the King, a thing unprecedented in His Majesty's kingdoms. The question how far it was
fit to entrust them with power which they have thus abused was
considered when His Majesty determined to put a restraint on these
enormities and take the reins of Government into his own hands,
a decision which the Assembly, against their duty and allegiance,
have challenged. (8) It is untrue that by the new system the
Governor is rendered absolute; on the contrary he is more
strictly accountable than ever, through his Commission and Instructions, to the King for all his most important actions. (9)
Whether the royal prerogative be prejudiced or no by the new
constitution is rather the King's business than the Assembly's.
Lastly, we think that it would be a great satisfaction to the King's
subjects in Jamaica to know what laws they are to be governed
by, and an ease to the planters not to be obliged continually to
attend the Assembly and re-enact old laws. The late power of
making temporary laws could only be understood to endure until
such wholesome laws, founded on many years' experience, should
be agreed to by the people and enacted by the King as in all
other Colonies. The people of Jamaica cannot pretend to greater
privileges than those granted them by Charter or Act under the
Great Seal, and have from the first been governed pursuant to the
King's Instructions to the Governor according to his royal power,
wherewith His Majesty has never yet parted by one authentic
Act. The Assembly has no right to meet but by the Governor's
permission, and that temporary and for probation. It is therefore
surprising that they should regard as a right what was granted as
a favour, thus discouraging future royal favours of the same kind,
and treat all temporary and experimental constitutions as a
resignation and devolution to them of the royal authority. Since,
therefore, it is evident that the Assembly of Jamaica rejects the
King's favours, and that the King's resolution is likely to be
the measure of their respect and obedience, we recommend that
the Governor be empowered to call another Assembly, and represent
to it the expediency of accepting the laws transmitted by the
King; and that in case of refusal the Governor be furnished with
such powers as were formerly given to Colonel Doyley, the first
Governor of Jamaica, and to other Governors since, whereby
Lord Carlisle may be enabled to govern according to the laws of
England, where the nature and constitution of the Colony permit
the same, and in other cases to act by the advice of his Council,
until further orders. Also that Lord Carlisle be instructed to send
constant and particular reports of his proceedings. |
|
Upon reading of the report and full debate His Majesty approved
the same. Secretary Coventry directed to prepare suitable orders
and instructions accordingly. 11½ pp. [Col Entry Bks., Vol. XXIX.,
p. 293, and Vol. XCV., pp. 299–307.] |
| May 31. |
1010. Journal of Lords of Trade and Plantations. Read, the
petition of Sir Francis Morton and others on behalf of the Leeward
Islands, on the refusal of the French to ratify the West Indian
Treaty of Neutrality (ante. No. 1007). Their Lordships, on reading
the report of 25th April 1678 (ante, No. 679) on the state and
strength of the Leeward Islands, think the demand of France for
the inclusion of Jamaica and Barbadoes to be somewhat unreasonable,
but defer further consideration pending the arrival of Mr. Crispe
from France. [Col. Entry Bk., Vol. CVI., pp. 17, 18.] |
| May 31. |
1011. The King to Governor Lord Carlisle. Having learned the
unwillingness of the Assembly of Jamaica to accept the body of laws
lately sent from hence, we handed over the grounds and reasons of
the Assembly for its refusal thereof to the Committee of Trade and
Plantations, who having well weighed them, have given them such
answers as do not only satisfy us but we are persuaded will
convince the Assembly of Jamaica also. These we now transmit to
you (ante, No. 1009), and order you to call an Assembly and
represent to it the great convenience and expediency of accepting
the laws which we have sent them. If they should still persevere
in their refusal you will act according to the powers in your
commission and instructions, or in other cases by the advice of your
Council. 1½ pp. [Col. Entry Bk., Vol. XCV., pp. 297, 298.] |
May 31.
Council Chamber. |
1012. Lords of Trade and Plantations to Governor Lord Carlisle
Your letters of 24th October and 15th November 1678 received
(see ante, Nos. 814, 815, 827), acquainting us that the Assembly of
Jamaica had thrown out the Bills transmitted under the Great
Seal, and recommending the speedy dispatch of the Bills sent to
Secretary Coventry through the offices here. We find that these
Bills contain such clauses as were formerly disallowed by us, your
Lordship being present, when transmitted by Lord Vaughan,
as prejudicial to the King's rights and prerogative; one clause
appropriating and disposing of the quit rents in the same terms as
formerly gave the King such dissatisfaction; another declaring the
laws of England to be in force which (as you cannot but remember)
was postponed here after very serious deliberation, besides other
causes for divers reasons unfit to be passed. We could not advise
His Majesty to proceed otherwise than according to our report and
the Order of Council thereupon (see ante, No. 1009). The other
matters mentioned by you have likewise been considered and
instructions ordered to be sent to you (see ante, No. 1002).
There remains, therefore, but to show what has been defective on
your part; that you have not reflected on your instructions which
make you accountable to us for arms and ammunition in the
magazines, entries of goods, revenue and expenditure, importation
of negroes, number of planters and inhabitants fit to bear arms,
their increase and decrease, trade of the Island, strength of your
neighbours. Our general letter and inquiries of 25th March 1678
still remains unanswered; a duplicate has been sent pressing for
speedy reply. But what most surprises us is that you should
have informed us of the passing of a Bill of Impost and sent no
copy thereof. We cannot do our full duty to His Majesty without
full information on matters of moment. Signed, Anglesey,
J. Bridgewater, Henry Coventry. 3½ pp. [Col. Entry Bk.,
Vol. XXIX., p. 313.] |
