|
Nov. 1.
Westminster. |
1171. Certificate of the Commissary of Musters. There was
mustered in Lord Carlisle's and Sir Henry Morgan's companies one
hundred soldiers besides officers to each Company on the 1st March
1677–8, which was their last muster before leaving England.
Their last muster bearing date 1st January 1678–9 shows them to
be complete, but this came to hand accidentally. What condition
the companies may be in now I know not, for the Commissary (if
any there be) in Jamaica has never yet given the CommissaryGeneral any account thereof, probably for want of definite instructions and from ignorance of his dependence on him. This may also
explain the irregularity of the musters at Jamaica where they are
taken every four, instead of as here every two, months. Signed,
J. Baynes, Commissary. 1 p. Read, 13th November 1679. [Col.
Papers, Vol. XLIII., No. 149.] |
Nov. 1.
Whitehall. |
1172. Warrant to the Paymaster-General for payment of
683l. 13s. 6d. to Lord Culpeper's company of foot in Virginia from
1st July to 1st November 1679. [Dom. Entry Bk., Chas. II.,
Vol. LIX., p. 7.] |
Nov. 2.
New Plymouth. |
1173. Governor Winslow to the King. Concerning Wm. Harris's
case referred to New Plymouth by command of 17th November
1677. The Governor and magistrates on hearing both sides, 28th
October 1679, decided in favour of Harris that the lands contained
in the second verdict of the jury, were part of the lands of Patuxet
and within the Commission of His Majesty's Court of Commissioners.
Gives particulars of the reasons of their decision. 4 pp. [Col. Entry
Bk., No. LXI., p. 81.] |
Nov. 6.
Whitehall. |
1174. Journal of Lords of Trade and Plantations. Upon the
report concerning Mounthope, agreed that the Colony of New
Plymouth be obliged to pay the King a yearly acknowledgment of
seven skins for the seven thousand acres to be granted them, or
fourteen merks for the same, those lands appearing to have been
taken by conquest from King Philip, and having never before been
in possession of England. Mr. Crown called in, who begs their
Lordships to consider his claim for compensation out of the lands of
Mounthope for his losses through the surrender of Nova Scotia.
Agreed that no part of those lands be given to Mr. Crown, whatever his pretensions to the King's favour on some other occasion. |
|
Report concerning Saba and Statia read and approved. |
|
An Act received from Barbadoes referred to the Attorney-General.
[Col. Entry Bk., Vol. CVI., p. 88.] |
Nov. 6.
Council Chamber. |
1175. Sir Robert Southwell to the Attorney-General. Sends an
Act passed in Barbadoes to enable the executors of William
Plumley, who died seised of a considerable estate but clogged with
debts, to sell said estate to provide competent portions and maintenance for the wife and children of the deceased; to see if anything
in point of form be incongruous or fit to be objected against.
With Mem.—"I have perused the Act within mentioned, and see
no cause why the same should not be confirmed. Creswell Levine,
26 Dec. 1679." 1 p. Annexed, |
|
1175. i. Order of the King in Council approving the Act above
mentioned, which is hereby confirmed, enacted, and ratified
accordingly. Whitehall, 7th January 1680. [Col. Papers,
Vol. XLIII., No. 150, and Col. Entry Bks., Vol. VI.,
pp. 298–300, and Vol. CVI., p. 88.] |
Nov. 6.
Whitehall. |
1176. Order of the King in Council. Report of Lords of Trade
and Plantations on the memorial of the Dutch Ambassador
Extraordinary respecting the restitution of the Islands of St.
Eustatius and Saba (see ante, No. 1143). We understood that
before the late war the said Islands were made use of by the
Dutch to the detriment of English trade by carrying off commodities
which ought not to have been diverted from England, and that if
they were possessed by the French they would be a great annoyance
to the English Islands; and being sensible that the only reason why
the Dutch had not demanded them was the danger of their falling
into the hands of the French, we advised in our letter of 6th
September 1677 that Governor Stapleton should be ordered not to
comply with any demand from the Dutch without express directions
from the King. But since your Majesty stands obliged by treaty
to restore the Islands, we advise that Governor Stapleton be directed
to report on the present condition of the Islands, their state when
he took them over, the cost, if any, since bestowed on them, and the
charge of keeping and maintaining them since the peace: and that
meanwhile the Dutch Ambassador be informed that His Majesty
not having been before advised of the desire of his masters to
repossess the Islands, has ordered Governor Stapleton to report as
aforesaid, and on receiving his answer, and thus enabling himself
better to dispose of his subjects, will order the restitution of the
Islands. Signed, Radnor, Lauderdale, J. Bridgewater, Sunderland,
Cavendish, H. Powle, Fauconberg. Order in Council accordingly.
[Col. Papers, Vol. XLIII., No. 151, and Col. Entry Bk., Vol. XLVI.,
p. 390.] |
| Nov. 7. |
1177. Order of the King in Council. That the Earl of Sunderland
shall apprize the Dutch Ambassador Extraordinary of the steps
taken in respect of the restoration of St. Eustatius and Saba (see
preceding abstract). [Col. Entry Bk., Vol. XLVI., p. 393.] |
| Nov. 8. |
1178. Colonel Alexander Culpeper to [the Secretary to Lords of
Trade and Plantations]. In reference to the petition of Bartholomew
Price now before their Lordships, wherein he claims for Mr. Jeffreys
300l. to which Lady Berkeley is legally entitled. Has acted for
Lady Berkeley before in this matter, but received her orders to
proceed no further, as she was coming home in the next ship to see
to it herself. Hopes therefore that the hearing of the business may
be adjourned until her arrival. 1 p. [Col. Papers, Vol. XLIII.,
No. 152.] |
| Nov. 13. |
1179. Sir Francis Watson to Mr. Blathwayte. "Memorial" to
move the Council for Foreign Plantations for a Recruit of Ammunition for His Majesty' service at Jamaica, viz. 150 barrels of
powder and 30 guns. Signed. Read 13 Novr. 1679. [Col. Papers,
Vol. XLIII., No. 153.] |
| Nov. 13. |
1180. Muster roll of Lord Carlisle's company of foot for the
sixty-one days 1st of May to 1st of July 1679. Signed, W.
Delamayne. Endorsed, Presented to the Committee 13 Nov. 1679.
Parchment. [Col. Papers, Vol. XLIII., No. 154.] |
Nov. 13.
Council Chamber. |
1181. The Secretary of the Lords of Trade and Plantations to
Mr. Guy (Secretary of the Treasury). In reference to Bartholomew
Price's petition in behalf of the widow of Colonel Jeffreys, Lord
Culpeper is of opinion that the 900l. therein stated is due; but as
the sum must be paid from the Treasury here, the Lords of the
Treasury are requested to write what may occur to them before
the matter be reported to His Majesty; and to report further in
reference to some money lately sent to Virginia by His Majesty's
orders, of which no account appears as yet to have been made.
Draft, unsigned. 2 pp. [Col. Papers, Vol. XLIII., No. 155.] |
Nov. 13.
Whitehall. |
1182. Journal of Lords of Trade and Plantations. Read, the
petition of Bartholomew Price on behalf of Mrs. Jeffreys, widow of
the late Colonel Jeffreys, Governor of Virginia (see ante, No. 997).
Lord Culpeper and Mrs. Jeffreys called in. Lord Culpeper confirms
her claim to 900l. as salary of her late husband; but their
Lordships finding that the sum must be paid out of the King's
Exchequer here decide to consult the Commissioners of the
Treasury before reporting the matter in Council. On the withdrawal of Mrs. Jeffreys, Lord Culpeper mentions a sum of money
lately sent to Virginia by the King's order, but unaccounted for,
which matter was likewise referred to the Treasury. A general
letter containing heads of inquiry, similar to those addressed to
Sir W. Berkeley, delivered to Lord Culpeper. His Lordship took
occasion to point out the evil precedent of assigning a sum of
money, out of the fund of 2s. per hogshead in Virginia, to
Mr. Sands and others, in compensation for losses sustained by
them at sea. Many other merchants will thereby be encouraged
to lay their claims before the King, the public revenue will
suffer, and the people will be disinclined to pay it, if it be
assigned to English merchants to make good their losses from
Algerine pirates. |
|
Lord Carlisle's letters of 10th July again read (ante, No. 1059).
Resolved not to recommend compliance with his Lordship's request
for ammunition, until he furnish more particular details as to the
state of the forts and stores, the more so since the French fleet is
now reported to have sailed for Europe. Resolved further, after
consideration of the reports of Mr. Baynes and Sir Francis Watson,
that there is no occasion to send more soldiers, nor another frigate
to Jamaica. Sir Francis Watson to attend at the next meeting,
and give an account of the Island and of its requirements. |
|
The Revenue Act lately sent over by Lord Carlisle was read,
and the differences betwixt this Act and that transmitted under
the Great Seal were noted, viz. (1) the wording of the preamble,
(2) the proviso which exempts Jamaica ships from all impositions,
and, (3) the limitation of the Act to a year's duration only. Lastly,
the expression that "the King thanks his good subjects and
accepts their benevolence is misliked," inasmuch as the Jamaica
Assembly has rejected the Bill transmitted by the King, and passed
one of its own choosing. This circumstance also frustrates other
of His Majesty's intentions and orders. It is noticed further from
Lord Carlisle's action that the latitude given to governors in calling
of assemblies "for answering some very urgent necessity" is too
great. Agreed to recommend that the words of the instruction
be altered to prevent governors from calling assemblies without
orders from the King, except in cases of rebellion and invasion
only. |
|
Their Lordships taking notice that the governors are generally
defective in their correspondence, resolve to issue to them an
order, requiring them to report all affairs of importance in the
plantations, together with their opinion thereon at least four
several times in the year. The Secretary of each plantation also
to correspond with the Clerk of the Council attending the Committee, and send copies of all documents of moment, and the
Clerks of the various Assemblies to furnish copies of their
journals and of the Bills passed. |
|
The appointment of Mr. John Bindloss to the posts of Clerk of
the Crown and Peace and Clerk of Markets and Fairs in Jamaica
brought before their Lordships by the Lord Privy Seal. The
appointment objected to on the grounds that the said offices are
given for life, are granted in plurality, and are all to be exercised by
deputy, contrary to the instructions given to Lord Carlisle. Sir
Thomas Lynch happening to be present was called in, and explained
that in Jamaica every district has its own Clerk of the Peace
appointed by the Custos Rotulorum of that district. Ordered, that
their Lordships' objections be laid before Secretary Coventry, by
whom the appointment of Mr. Bindloss was procured, and an
explanation required from him as to his motives and reasons
Mem. — Mr. Secretary Coventry replied that he had himself
objected to the appointment on the grounds of plurality, but was
told that the offices were of so little value that they could not be
granted separately. Also that the tenure of such offices for life is
a common practice in Barbadoes and other Colonies, and that this,
as also the exercise of such offices by deputy, are matters of His
Majesty's pleasure, Mr. Secretary drew attention withal to
abuses that have recently crept into the Plantations in respect of
offices. Formerly the power claimed by governors to dispose
thereof was so absolute that they challenged the King's appointments under the Great Seal. Now, by a rush into the other
extreme, Governors have been deprived of the authority which it
was necessary for them to maintain by disposal of offices within
their Government, which are now filled by His Majesty through
private solicitation of persons in no way concerned with the
Plantations, without the knowledge or approbation of the
Governors. These people being possessed of His Majesty's favour
perhaps in opposition to the Governors, have much thwarted and
diminished the respect and authority due to them. Mr. Secretary
therefore recommends an inspection of the offices, and a division
thereof into those that may be fitly filled by His Majesty, and
those that may be left to the disposal of the Governors. 11 pp.
[Col. Entry Bk., Vol. CVI., pp. 89–100.] |
Nov. 14.
Council Chamber. |
1183. Report of Lords of Trade and Plantations to the King.
As to the appointment of John Bindloss to be Clerk of the Crown
and Peace in Jamaica (see post, No.), and the inconveniences
to which the Government of the Plantations has been subjected in
the respect of public matters (see Journal of this date No. 1182),
we recommend an inspection of all offices, and a division thereof,
into places to be filled by the King and Governor. We have also
to complain that in spite of numerous instructions Governors are
very negligent in reporting events within their Governments. We
recommend that they be ordered to furnish us quarterly with a
journal of occurrences, and the secretary of each plantation likewise to transmit to us all public papers that we ought to see.
Signed, Radnor, Worcester, Anglesey, J. Bridgwater, Sunderland.
6 pp. [Col. Papers, Vol. XLIII., No. 156, and Col. Entry Bk.,
Vol. XCVII., pp. 67–71.] |
Nov. 14.
Whitehall. |
1184. Report of the Lords of Trade and Plantations to the King
in Council, and Order in Council thereon. On the petitions of the
inhabitants of Bermuda (ante, Nos. 990, 1052) against the Somers
Islands Company, after several attendances of both parties with
their learned Counsel, the grievances (many of them being of little
weight, and others waived by the complainants) were reduced to
the two following: (1) As to the complaint of the inhabitants that
they are forbidden by the Company to send petitions or present
appeals for relief to the King, the Lords are of opinion that the
people of Bermuda. like all subjects of the King, should enjoy the
right the appeal to him without the interposition of any person
whatsoever. (2) As to the dispossession of the owners of land by
the Company without trial at law. The Company plead that they
have power by their charter to hear and decide all differences;
that no title was ever tried in Bermuda till the year 1654, when
the Company constituted a Court of Justice upon the place, and
that that has not only reserved to itself the right of appeal, but
also of hearing divers cases at first instance. The complainants on
the other hand argue that the obligation of attending the Company
here for the decision of differences often turns to their ruin, owing
to the expense of the journey, and the neglect of their business at
home; and that if after trial at law in the Island by a jury
(as frequently happens) the Company continues to reverse the
judgment by its own order, it will always be in its power to favour
its members, and even reassume possession of the lands demised to
the inhabitants. Moreover, whereas the whole Company formerly
resided in England, three parts out of four of them are now
resident in Bermuda, and it is therefore right that the Judicature
should attend the majority on the spot. Upon the whole matter
the Lords are of opinion that the Company has no right by its
charter to determine matters as a Court of Judicature at first
instance; that the trial of causes originally by the Company in
England is illegal, and should not be continued. If the parties
will not consent to accept the decision of the Committee of Trade
and Plantations the Lords advise that the powers of the charter
be left to a trial at law by a Scire Facias or Quo Warranto.
Signed, Bath, Bridgewater, H. Coventry, J. Ernle, Fauconberg,
Lauderdale, H. Powle, Radnor. Council Chamber, 29th October
1679. Order in Council accordingly. 3 pp. [Col. Entry Bk.,
Vol. XVII., pp. 77–80.] |
| Nov. 14. |
1185. Lords of Trade and Plantations to Governor Stapleton.
Directing him to furnish a particular account of St. Eustatius and
Saba, pursuant to Order in Council of 6th November. [Col. Entry
Bk., Vol. XLVI., p. 394.] |
Nov. 20.
Whitehall. |
1186. Journal of Lords of Trade and Plantations. In the
matter of the arrears of salary of Colonel Jeffreys (ante, No. 1170).
An answer having been received from Colonel Culpeper, agent to
Lady Berkeley, Mrs. Jeffrey's petition was again read, and thereafter Colonel Culpeper's letter of 8th instant. Their Lordships,
taking notice that the continuance of Sir William Berkeley in
Virginia after the arrival of Colonel Jeffreys was contrary to the
King's pleasure, as expressed in His Majesty's letter of 13th April
1677, agree to report that the sum of 300l. claimed by Mrs. Jeffreys
be paid to her, provided she give good security (according to her
offer) to abide the King's final decision in the matter, when Lady
Berkeley shall think fit to prosecute her claim thereto. 2 pp.
[Col. Entry Bk., Vol. CVI., pp. 101, 102.] |
Nov. 20.
Whitehall. |
1187. Lords of Trade and Plantations to Thomas, Lord
Culpeper, Governor of Virginia. Recommend to him several heads
of inquiry concerning the Colony of Virginia, to which they
expect his speedy answer. Require that he transmit a clear and
full account of the state wherein he shall find said Colony, and
generally of all things entrusted to him. [Col. Entry Bk.,
Vol. LXXX., pp. 367, 368.] |
Nov. 23.
St. Jago de la Vega. |
1188. Governor Lord Carlisle to Lords of Trade and Plantations.
Mine of the 10th September has I hope reached you. The
Assembly since its meeting on 28th October, has proved my
conjectures to be no vain prophesy. On that day I went down
with the Council to their place of meeting, and again in the
Council's presence read to them your report of 28th May last, and
His Majesty's orders to me of 31st of the same, and thereupon
offered them the body of laws brought over under the Great Seal ot
England for their consent. I declared to them at the same time
the expediency it would be to all affairs of the Island; that it
would persuade the King they were another people than they
were represented at home, and be a means to induce him to gratify
them in what was necessary, whereas otherwise they could not but
appear in great contempt, to the lessening of the Islands interest in
the royal favour; and what I urged in general to them at their
meeting I had not been wanting to press to them apart individually
before it. I then swore them a clerk of my appointing, which
they took not well, alleging it was their right to appoint their own
clerk. I told them No! for that the King did grant by Patent
the Clerk of the Parliament, so that they were uneasily overruled.
My reasons were that they had an opinion that the votes of the
House should be kept a secret from me, and that they passed a vote
in former sessions, that to raise money and dispose of the same
was a right inherent in the Assembly, whereof I had no notice in
a fortnight after, either from any of them or their Speaker. I much
urged the whole Assembly to argue freely in the presence of the
Council and of their members for the reasonableness of the matter
proposed by the King, but none of them would undertake in my
presence and the Council's, so we left them and the body of laws
with them. They spent some days in reading over again the body
of laws that I had left with them, but rejected all the arguments I
had laboured them with, and threw all the laws out again.
Whereupon they appointed a Committee to draw up an address to
be presented by me to His Majesty, and in that time I drew up a
Bill of Revenue, indefinite, and presented it to the Speaker; but
that Bill was rejected also. |
|
Upon the 14th instant the Speaker and Assembly, being sent for
to attend me in Council to show cause why they had rejected the
Revenue Bill, gave me no answer, but desired to present me with
their address, the Speaker contending to give it its due accepts by
reading it himself. Copy thereof is enclosed. |
|
This address is founded greatly upon the advice of Lieutenant
Colonel Samuel Long, the Chief Justice and one of the Council,
who principally contends for the old frame of government. The
Assembly is "highly opinionated of him," and esteems him the
patron of their rights and privileges as Englishmen. He had a
hand in leaving the King's name out of the Revenue Bill, being
then Speaker, and denies not his having a hand in framing and
advising some parts of the address, which on the whole is not
truth, for—1. Whereas they allege that the civil government
commenced in Lord Windsors time, it is known and recorded in our
Council Book to have begun fifteen months before, in Colonel Doyley's
time, and will be proved by Sir Thomas Lynch, who then himself had
occasion of a trial by jury, the foreman of which was Colonel
Bindloss. 2. They allege the readiness of governors to use martial
law, particularly in Sir Thomas Lynch's time, whereas here there
was only an Order of Council for putting it in force in case of
actual descent or invasion; nor was it on foot all his time here, as I
am credibly informed on inquiry. 3. As for its being in force in
my time, it was not of my affecting, but of the Council's advising
and desiring it, as was also the putting off the courts till February,
in favour generally of the planters. Then as to their alleging so
much to have been done during the martial law wholly at the
charge of the country—that it is done is true, but they would clog
the Revenue Bill with the charge thereof, amounting to 1,228l.,
when, communibus annis, the Bill of Impost is but 1,500l.,
whereof 1,228l. is not one farthing of it paid, nor any prospect that
it will be paid; the revenue being much anticipated from the want
of money in the Treasury, owing to Lord Vaughan's letting fall
the Bill of Revenue before his departure. |
|
About the opening of this Session a depredation (of which your
Lordships will probably hear ere long) was made on the Spaniards
in the Bay of Honduras by English, French, and others, the usual
composition of privateers. These vessels were commanded by
persons belonging to Jamaica, of whom I had some jealousy before
they left Port Royal, so I stopped several of their men and took
security from some of the commanders for their good behaviour.
Notwithstanding my care they made their venture, and returning
to uncertain stations hovered about this Island. The smaller of them
having, without my knowledge or that of any of my officers, landed
her cargo of indigo in the remotest parts of the Island to leeward,
the rest, who had not landed their load, reported that unless they
were permitted to bring it into harbour on paying the King's duty
they would leave their interest in Jamaica and sail to Rhode
Island or to the Dutch, where they would be well entertained.
Upon the first news I ordered His Majesty's frigate Success to
cruise for them, which seized the empty vessel and brought her to
Port Royal. H.M.S. Hunter having a few days before coasted
round the Island for privateers, returned with one Cornelius
Essex, commander of the Great Dolphin, who was tried with
twenty of his men for riotously comporting themselves and for
plundering Major Jencks of St. James' parish in this Island, and
two of them sentenced to death. The indigo landed was laden in
small sloops, and by them entered in the Custom House at Port
Royal. The quantity thereof having much abated the price, it has
taken for some little time the place of our native sugar and indigo;
though in the main the Island is in truth much benefited, the
Treasury being near 1,000l. in arrear, which is difficult to recover
where money is so scarce. |
|
I had information some days since of the capture of a valuable
ship of 28 guns, belonging to the United Provinces, by one Peter
Harris, a privateer ever since the taking of Panama. I at once
despatched the Success to cruise for her, and my news is since
confirmed by the arrival of eleven men belonging to the Dutch
ship in their long boat. This happened at the time of the Assembly's
discontent and uneasiness. Not knowing that the frigates had my
orders to sail in pursuit of privateers, and particularly of Peter
Harris (which the King's ships have ever had from me on all
occasions) they angrily hastened to me by seven of their members
(some of them but lately rebuked by me for cherishing and
entertaining privateers) a petition, wherein apart from their
dissatisfaction at everything else they press for the doing of that
which, in spite of great difficulties, I have ever striven to effect.
Thus you will see my position towards this Island, which entertains
my services so ill; but it is not unreasonable to hope for better, since
your Lordship's own endeavours had no better success. I foresee
that the Session will not be to much purpose. You shall have full
information by H.M.S. Hunter which shortly sails for England.
"Read 26 Feb. 1679–80. Read at the Committee 4th March
1679–80." 5½ pp. [Col. Papers, Vol. XLIII., No. 157, and
Col. Entry Bk., Vol. XXIX., p. 363.] Enclosed, |
|
1188. i. "The Humble desire and Justification of the Members
of His Majesty's Council to his Excellency the Governor
in Jamaica." His Majesty having altered the frame of
government in Jamaica to that of Ireland, we his loyal
subjects do dutifully submit; but although His Majesty's
great perspicuity and truly loyal prudence is best able to
determine what government is the fittest for his subjects,
we beg leave to represent the great inconvenience caused
by transmitting laws home according to the new frame
of government:— |
|
The distance is so great for transmitting laws hither
and thither that by the time they can finally be passed
by the Jamaica Assembly there will probably be as great
cause to alter as there was at first to make them.
Hitherto our laws have required amendment at least
every two years, and we cannot foresee but that they
will require it still, which will be impossible unless we
be restored to our former powers. As to the passing of
the Revenue Bill without mention of the King's name
therein, we solemnly aver, contrary to the assertion of
the Assembly, that we read it three times and passed it
with the King's name included therein. Nor have we
ever complained of the power given by the King to the
Governor to suspend members of the Council. Copy certified by Rowland Powell, Clerk of Council. The names
of the members, seven in number, who were present at
the passing of the Revenue Bill referred to, are given in
full. Subscribed, Recd. from the Earl of Carlisle 26th
Feb. 1679–80. Read, 4th March. 4 pp. [Col. Papers,
Vol. XLIII., No. 157 I.] |
|
1188. ii. Address of the Assembly to Governor Lord Carlisle.
We, the Assembly, have heard with infinite grief of mind
of the report made to the King by the Lords of Trade
and Plantations, wherein we are held up as people full
of animosity, unreasonable, irregular, violent, undutiful,
and exceeding both the bounds of duty and loyalty.
Were we in the least conscious of having deserved so
bitter a character, we should, like Job, have said, "We
are vile, what shall we answer ? We will lay our hands
upon our mouths." To justify ourselves we are forced to
go back to the time of Sir Thomas Modyford's governorship, when we conceive the Island first to have discarded
the form of an army and taken up the form of civil
government common to all the King's more ancient
plantations. In the Militia Bill power is given to the
Governor which is not given to the King of England
over the militia. We have never in our past history
shown by our behaviour that the governors need more
power in this respect. Martial law has been frequently
declared, and we have never been backward. As to the
omission of the King's name from the Bill of Revenue we
are fully persuaded that this was an amendment of
Council. Their Lordships again are misinformed when
they say that a Revenue Bill without limitation was
passed in Sir Thomas Lynch's time. All Bills were
limited by his instructions to two years, and we have
good reason not to wish that our powers of limitation to
such Bills should be taken away. As our assertion that
the laws sent to us contain many fundamental errors, it
is true, as we can prove by instances. As to their
Lordships' contention that we cannot be subject to more
accidents than Ireland, we would point out the difference
in the distance of Ireland and Jamaica from England.
[Various other minor points dealt with seriatim at length.]
Copy certified by Rowland Powell, Clerk Council.
Endorsed as the preceding paper. 12 pp. [Col. Papers,
Vol. XLIII., No. 157 II.] |
|
1188. iii. Address of the Assembly of Jamaica to the Governor.
Urging him, in view of the many depredations committed
by pirates and privateers, to take some speedy and
effectual course for putting an end to the same with the
two frigates and two companies of foot maintained by
the King with that object. Copy. 1 p. "Read,
4 March 1680." [Col. Papers, Vol. XLIII., No. 157 III.] |
Nov. 23.
St. Jago do la Vega. |
1189. Governor Lord Carlisle to Secretary Coventry. This
letter is practically the same as the foregoing to the Lords of Trade
and Plantations until the writer speaks of the behaviour of
Colonel Samuel Long. Colonel Samuel Long refused to sign with
the Council a document of justification to which the rest had
unanimously agreed, and is now withdrawn to his plantation, thirty
miles from this town where at this juncture we have most need of
a Council. Thereupon I sent him "his quietus," and appointed
Colonel Bindloss, of whose fidelity to the King's interest I
am assured, to be Chief Justice in his place. I have also
suspended Colonel Long from the Council, and propose by advice
of the Council to send him with six more of the Assembly to
England to plead their own cause before the King and Privy
Council, the Council of Jamaica being unanimously agreed that this
is the best expedient for a satisfactory settlement. H.M.S. Hunter
is returned from Carthagena with the Spanish Governor's reply.
He was so jealous that he refused the Captain or any of his
company admittance within the gates, and received them in a
tent pitched for the purpose on the beach. He denied that he had
any English prisoners, and gave assurance that just satisfaction
should be given on Señor Quintaan's returned to Carthagena. The
Hunter is fitting for England, and will be ready to sail at Christmas.
The Revenue Bill expiring on the 2nd March, I should be glad
of further power to command the concurrence of the Council, if the
Assembly should force me to raise Revenue by order of Government and Council. If the King think fit to continue Assemblies,
I would recommend a reduction of the numbers to one for every
parish, and two apiece for St. Catherine's and Port Royal. I have
little fear of censure for his removal of Colonel Long, unless because
I did not remove him sooner. "Read at the Committee, 4 March
1679." 4 pp. [Col. Entry Bk., Vol. XXIX., p. 369.] |
| Nov. 25. |
1190. Journal of Assembly of Barbadoes. On reading an address
of Thomas Morris, Robert Draper, Jeremiah Cooke, and John Smith,
and other merchants and traders in the Island, in relation to the
great injuries and inconveniences to the English nation by the
great number of Jews inhabiting and trading in Barbadoes, it was
found worthy of speedy and serious consideration, and to be
presented to his Excellency and Council. Letter prepared by the
Committee to Sir Peter Colleton and Colonel Drax approved. |
| Nov. 26. |
Petition of the butchers for removal of the market to its former
place, recommended to his Excellency and Council. An Act for
speedy remedy in distresses passed. On complaints from inhabitants
of St. Michael's and others that James Vicars, clerk of the market,
hath taken unreasonable fees, the Assembly address his Excellency
and Council to restrain such proceedings. On consideration of the
great prejudice and oppression to the inhabitants by excessive and
exorbitant fees taken by others of the Court of Chancery, an
Act was passed to regulate the method of proceeding in said
Court. |
| Nov. 27. |
An Act to restrain the Jews from keeping and trading with
negroes passed. Also the Act for regulating the method of proceeding in the Court of Chancery and the fees. Richard Seawell
to prepare a Bill for habeas corpus as near as may be to the law of
England. Adjourned to 16th December. [Col. Entry Bk.,
Vol. XIII., pp. 367–370.] |
| Nov. 26. |
1191. Petition of the Merchants and Freeholders of Bermuda to
Lords of Trade and Plantations. Refer to their petition of May
last (see ante, No. 990), which was examined by their Lordships,
with the result that the Governor and Company were held to have
acted illegally, and that judgment confirmed in Council. The
petitioners are without relief, and having been instructed by order
of the Privy Council of 14th May to attend their Lordships for
redress, they have annexed hereunto a copy of their grievances
with the answers of the said Governor and Company, and pray
for relief accordingly. They will most cheerfully pay the 4½ per
cent. duty and submit to such Government and Governor as
His Majesty shall appoint. Recd. 1st December 1679. [Col.
Papers, Vol. XLIII., No. 158, and Col. Entry Bk., Vol. XVII.,
p. 81.] Annexed, |
|
1191. i. "An Abstract of the Planters Articles against the
Bermuda Company and their Answer." A recapitulation
of the sixteen complaints and the answers thereto already
calendared (ante, Nos. 1052, 1061), with a marginal comment on each. Four specific cases of dispossession of land
tioned in support of the first complaint, viz. those of
William Righton, Thomas Leycroft, Perient Trott, and
Mr. Delbridge, with an addition that "to disinherit the
planters and purchasers of their inheritances, the Governor
and Company have caused the records and entries made
in their books to be rased and taken off the files to their
utter ruin." 12 pp Endorsed, "26 Nov. 1679. The
humble petition of the merchants, freeholders, and inhabitants in Barmodes." [Col. Papers, Vol. XLIII.,
No. 158 I.] |
Nov. 28.
Whitehall. |
1192. Order of the King in Council. That Colonel Stapleton
be commended for his service in resenting the insult offered to the
English flag by the Comte de Sourdis (see ante, No. 1024), and
acquainted with the issue of the late negotiations for a treaty of
neutrality with the French, as also with His Majesty's bountiful
supply of 1,500l. towards the building of Forts in the Leeward
Islands, and with other necessary particulars. [Col. Papers,
Vol. XLIII., No. 159, and Col. Entry Bk., Vol. XLVI., p. 410.] |
Nov. 28.
Whitehall. |
1193. Order of the King in Council. That Sir Henry Coventry
enter claim with the French Ambassador, and through the English
Ambassador in France, for satisfaction in respect of the indignities
if offered to English subjects in St. Christophers [see Report of
Lords Trade and Plantations ante, No. 1158]. [Col. Entry Bk.,
Vol. XLVI., p. 410.] |
Nov. 28.
Whitehall. |
1194. Order of the King in Council. On Report of 22nd October
(ante, No. 1158 I.), that the Commissioners of the Treasury take care
that the farmers of the 4½ per cent. duty pay to Governor Stapleton
1,500l. out of that duty, to be by him devoted, as he shall think
most requisite, to the construction of one good fort in each of the
Islands under his Government. [Col. Entry Bk., Vol. XLVI.,
p. 397.] |
Nov. 28.
Whitehall. |
1195. Order of the King in Council. On petition of Thomas
Lord Culpeper, Governor of Virginia, to have the same honour and
privilege with all His Majesty's Governors of Plantations in
America of wearing a flag in the main top outside the limits of the
Narrow Seas. Ordered, that the Lords of the Admiralty allow the
same, if any of His Majesty's Governors under the same characters
have actually enjoyed the privilege. [Col. Entry Bk., Vol. LXXX.,
pp. 376, 377.] |
Nov.
Whitehall. |
1196. Minute of a Committee of Trade and Plantations. That
the petition of Mr. Sands concerning the custom of tobaccos to be
repaid him in Virginia is referred to the Treasury. [Col. Entry
Bk., Vol. CVI., p. 103.] |
