|
| March 1. |
1308. Nathaniel Colson to Mr. Blathwayt, respecting the
Narragansett country. At the desire of Mr. Crown gives an
account of the Narragansett country, describes the surrender to
the King's Commissioners, the disputes between Rhode Island
and Connecticut for it. Is of opinion that the jurisdiction and
property lies wholly in the King; reckons the undisposed part at
100,000 acres and the selling price at 1,000l. or 1,500l. Endorsed,
"Recd. 1 March 1679–80." 1 p. [Col. Papers, Vol. XLIV.,
No. 33.] |
| March 2. |
1309. Journal of Lords of Trade and Plantations. Petition of
John Crown for the gift of Boston-neck in Narragansett, with His
Majesty's reference of 14th February, read. Also read, a paper
printed at Boston in July 1678, declaring the property of this tract
of land to belong to the persons there named and the government
to Connecticut; the representation of Randall Holden and John
Greene of 4th December 1678 setting forth the submission of the
Indians in 1644 and the decision of the Commissioners in 1664
committing the government to Rhode Island; His Majesty's letters of
12th February 1678/9 to the four colonies of New England, requiring
all things relating to the Narragansett to be left in the same
condition till further orders, and that persons pretending claims
thereto should send over agents; the answer thereto of New
Plymouth of 1st July; the letter from Rhode Island of 1st August,
and the letter of the Commissioners of the three united colonies
dated from Boston the 25th August. Their Lordships order the
respective charters to be produced at their next meeting, when
they will examine the state of the province in order to settle the
government and propriety thereof. |
|
Order of Council of 28th January last read referring to the
Committee an appeal from the judgment given in New York in the
case of Ward against Palmer. This being the first appeal made
from that place, the charter to the Duke of York of 29th June
1674 is first read, and then after a brief state of the case the parties
are called in. But as only Captain Ward and his Counsel on one
side appeared, their Lordships examined the reason of Mr. Palmer's
default, and found that by letters to Captain Ward and Colonel
Thornburgh he confesses the equity of the debt claimed. The
various documents having been read, their Lordships agree that the
judgment of the Mayor's Court in New York should be upheld and
that of the Mayor's Court reversed, the appellant to come to terms
with the defendant's representatives as to costs if possible. |
|
3rd March. Arrived a packet from Sir W. Stapleton containing
the laws of Antigua from the year 1668. [Col. Entry Bk., Vol. CVI.,
pp. 138–144.] |
| [March 2.] |
1310. Proposals of William Downing and Thomas Oxford
towards the support and maintenance of a Governor in Newfoundland at the rate of 400l. a year. The most just and ready
way is to lay a tax upon the boats kept by each inhabitant, to be
paid in fish cured and ready for the market, money, or bills of
exchange for England. The following, being able men of estates,
to be receivers:—George Kirke at Fermooze, John Downing at
Queue de Vide, Thomas Oxford at St. John's, and John Pinn at
Havre de Grace. Signed, Willm. Downing, Tho. Oxford. 1 p.
Endorsed, Recd. 2 March, Read 12 March 1679–80. [Col. Papers,
Vol. XLIV., No. 34.] |
| [March 2.] |
1311. Petition of John Ward to Lords of Trade and Plantations.
Their Lordships have decided in the case between petitioner and
the defendant Palmer that the judgment obtained by petitioner in
New York should be confirmed, with allowance of charges and
interest. But money due upon the bond being to be paid in
England, sterling money, and the difference of payment in New
York being mostly 80 per cent. between the commodities of the
country and the payment of wampum, beaver and New England
money, prays that he may have his money made sterling by any of
the last three payments. Endorsed, Read March 2, 1679–80. 1 p.
Annexed, |
|
1311. i. Abstract of John Ward's principal debt, interest, and
charges. Bond, 80l.; interest, 17th April 1675–17th
August 1680, at 6 per cent., 25l. 12s.; allowance for
105l. 12s. at 25 per cent. difference of money if paid in
beaver or wampum or New England money, 26l. 8s.;
commission at New York, 10l. 10s.; charges his attorney
has been at in the Counter at New York, 20l.; charges in
prosecuting the appeal, 20l. Total, 182l. 10s. Scrap.
[Col. Papers, Vol. XLIV., No. 35.] |
| [March 3.] |
1312. Proceedings of the Commissioners of the two Nations in
St. Christopher's. Extract from the Minutes of the National Court
at Basseterre, 29th November 1671, in the matter of certain
English negroes taken by a Frenchman named "Le Barroone." The
views of the different Commissioners, French and English, in the
case, and their decision, being unable to agree, to remit it to the
Governors. Similar extract of date 26th January 1671–72,
respecting an English complaint against Monsieur John Jeffard,
with the same result. Similar extract respecting complaints against
divers Frenchmen for encroaching on the lands of the English, with
same result. Another case of the same kind, 27th February 1672;
another, 12th March 1672; another, 10th April 1672. Several
more of various dates to the 4th March 1679, the French Commissioners in all cases refusing redress to the English claimants.
18 closely written pages. Inscribed, Recd. 3 March. Probably the
enclosure referred to in Stapleton's letter of 5th January (ante,
No. 1252). [Col. Papers, Vol. XLIV., No. 36.] |
| March 4. |
1313. Journal of Lords of Trade and Plantations. The parties
concerned in the case of Ward against Palmer being unable to agree
as to the payment of costs, their Lordships consider the matter
further, and agree to report to the King, as they had first decided
that the appeal be allowed. |
|
Sir George Downing and Mr. Lithcot, Controller General of the
Customs, called in to inform the Committee that they had received
no account concerning the trade and customs of Jamaica since
Lord Carlisle's Government save that of exports from the 9th June
to 9th October 1679. Ordered that Lord Carlisle and the other
officers concerned in Jamaica be directed to furnish punctual
accounts of the trade inward and outward. Mr. Lithcot also
presented an account showing the trade of the Plantations with
each other. |
|
Sir George Downing is then asked to give his opinion respecting
the business of Newfoundland, and sets forth by many arguments
the mischiefs that would attend the fishery by the institution of a
Governor on a plantation; but at length he is told that not his
opinion only but that of all the Commissioners of Customs is
required in this matter, so far as it affects the question of Customs.
The Captains of the convoys, Sir William Poole, Sir Robert
Robinson, and others being called in, declare the great use of a
plantation and a Governor, and say that without them the French
will get possession of Newfoundland. Sir William Poole mentions
as one disturbance to the fishery that men occupy too much
room with their stages, and that a fixed space should be assigned
to every boat. [Col. Entry Bk., Vol. CIV., pp. 144–150.] |
March 4.
Council Chamber. |
1314. Report of Lords of Trade and Plantations to the King.
On an appeal brought from New York on the case between John
Ward and John Palmer, recommended that the judgment given in
the Court of Assizes against John Ward be repealed, and a former
judgment granted in the Mayor's Court confirmed. Signed,
Anglesey, L. Jenkins, Radnor. Endorsed, Read in Council, March 9,
1679–80. [Col. Papers, Vol. XLIV., No. 37, and Col. Entry Bk.,
Vol. LXVIII., pp. 47–49.] |
|
1315. Draft of foregoing in William Blathwayt's handwriting.
4 pp. [Col. Papers, Vol. XLIV., No. 38.] |
| [March 4.] |
1316. A collection of papers bearing on the lawsuit mentioned
in the foregoing paper. |
|
1316. i. Letter from J. Palmer to Mr. Lewin, dated 12th
October 1677. 2 pp. Endorsed, Read 4 March 1679–80. |
|
1316. ii. Letter from the same to Colonel Thornburgh, same
date and endorsement. 2 pp. |
|
1316. iii. Copy of the Order and Judgment of the Court of
Assizes at New York in the appeal of John Palmer et
vxor, against John Ward of London, from the Court of
Mayor and Alderman. Judgment for the plaintiff.
Defendant appeals to the King of England. Appeal
allowed. Endorsed, "Read, 2 March 1679–80." 1½ pp.
[Col. Papers, Vol. XLIV., Nos. 39 I.–III.] |
|
1316. iv. Copy of the bond of security entered into by John
Ward, through his attorney, William Pinhorne, to
prosecute his appeal in the case of Palmer v. Ward, before
the King in Council in England. Dated 6th October
1679. Endorsed, "Read, 2 March 1679–80." |
|
1316. v. John Palmer to John Ward. The trouble I now give
you is occasioned by the violent proceedings of your
attorney, William Pinhorne. I wish you could have
found a more moderate person, for he will not hear of a
friendly settlement, but I hope to find more civility from
yourself. I have overthrown him in the Court here, but
I think the money which you claim is your due. I
cannot possibly pay the money in England, but if you
will drop your appeal I pledge myself to pay it here in
provisions or tobacco, and allow you interest for the
delay. The event of lawsuits is uncertain and the
charges great, so I would willingly do anything reasonable
to avoid them. I always intended to pay the money, and
would never have denied it if Pinhorne had asked me
first. He alone is to blame. Give me eighteen months
wherein to pay the debt. I trust much to your goodness
herein. 1 p. Dated 23rd October. 1679. Endorsed,
"Read, 2 March 1679–80." |
|
1316. vi. John Palmer to Colonel Thornburgh. Encloses the
foregoing letter and begs Thornburgh to use his influence
with Ward to persuade him to accept his offer. "Your
most affectionate kinsman and humble servant." 1 p.
Dated 23rd October 1679. Endorsed, Read 2 March. |
|
1316. vii. State of John Ward's appeal. 1 p. Endorsed, Recd.
21 Feb. 1679–80. |
|
1316. viii. Duplicate of foregoing, with an additional statement
respecting exchange between New York and England.
Endorsed, Read 4 March 1679–80. |
|
1316. ix. Account of principal and interest due upon John
Winder's bond to plaintiff, as adjusted between plaintiff
and Colonel Thorneburgh, amounting to 135l. 14s.
Endorsed, Presented 4 March 1679–80. |
|
1316. x. Charges of John Ward's suit at New York. 1½ pp
Endorsed, Presented 4 March 1679–80. |
|
1316. xi. John Palmer's bill in the Court of Assize. Endorsed,
Recd. 2 March 1679–80. |
|
1316. xii. Answer of John Ward, by William Pinhorne his
attorney to the said bill. 2 pp. Endorsed, Read 4 March
1679–80. [Col. Papers, Vol. XLIV., Nos. 39 IV.–XII.] |
March 4.
Council Chamber. |
1317. [William Blathwayt to Lord Vaughan]. The Lords of
Trade and Plantations desire an account in writing from you
concerning the alleged omission or razing of the King's name from
the Bill of Revenue passed in Jamaica during your government.
Copies of the papers referred to are enclosed to you (ante, No. 1188).
Draft [Col. Papers, Vol. XLIV., No. 40.] |
| March 5. |
1318. Journal of Lords of Trade and Plantations. Lord
Carlisle's letter of 23rd November read (ante, No. 1188). Their
Lordships think that his reading aloud of their report of 28th May
was disagreeable to their direction, and they particularly take note
that it was neither necessary nor convenient for him to expose their
Instructions to the Assembly. They approve, however, of his
appointment of the Clerk of Assembly. Agreed to report that Lord
Carlisle be ordered to send home Colonel Long; also to discourage
Privateers and prevent the landing of plundered goods by all the
means in his power. Their Lordships, however, take notice that
Lord Carlisle has not sent home a copy of the petition presented by
the Assembly for the suppression of privateering, nor copies of two
laws lately passed for paying the expenses of the fortifications and
for prolonging the Revenue twelve months longer. Further, in the
law for paying for the fortifications, the Collector established by
Patent to collect the parochial tax is passed by and another
appointed. The Address of the Assembly of Jamaica being read,
their Lordships observe that there are many mistakes and falsities
therein, as that the Island took up the civil form of government in
the time of Sir Thomas Modyford, whereas it is certain that Colonel
Doyley soon after the King's Restoration governed by the Civil
power. Again their denial of having razed the King's name from
the Revenue Bill is refuted by the evidence of the Governor and
Council. The Assembly is guilty of another mistake or falsity in
respect of the perpetuity of Revenue Bills, which was possible to
effect in the time of Sir Thomas Lynch. Further though they
speak of the misapplication of public monies they can give no
instance of such misapplication by any of the Governors, and in
various other points they equally mistake or misstate the facts, "so
that upon the whole matter they have reason to beg His Majesty's
pardon for all their errors and mistakes." [Col. Entry Bk.,
Vol. CVI., pp. 151–157.] |
| March 8. |
1319. Journal of Lords of Trade and Plantations. Lord Vaughan
attends concerning the charge against Colonel Long of Jamaica for
leaving the King's name out of the Revenue Bill, and declares he is
confident that the Bill came up from the Assembly to the Council
with the King's name in, and that it was not struck out by the
Council. He first perceived the erasure when Mr. Martin came
out to be Collector, when he sent for the Act and perceived the
erasure to be in Colonel Long's hand. |
|
Sir William Stapleton's proposal for the exchange of Montserrat
against French St. Christopher's considered and report agreed on.
[Col. Entry Bk., Vol. CVI., pp. 158, 159.] |
March 8.
Council Chamber. |
1320. Report of Lords of Trade and Plantations to the King.
We have read Colonel Stapleton's letters of 18th December and
5th January last (ante, Nos. 1235, 1252), reporting his failure to
obtain satisfaction from the Count de Blenac for certain injuries to
British subjects, and encroachments in British territoryn St. Christopher's; and we recommend that copies of Sir William Stapleton's
demands, and of his answer to Count de Blenac's reply, be sent to
the English envoy at the Court of France with instructions to
pursue the orders formerly given to him, and in particular to press
for the restitution of the Salt Ponds and to offer Brimstone Hill in
exchange for them. As to Sir William Stapleton's suggestion to
offer Montserrat in exchange for the French territory on St. Christopher's, we recognise the advantages that would accrue, but can
come to no decision until we know the feelings of the French on
St. Christopher's itself as to such an exchange. We therefore
advise that Sir William Stapleton be directed to sound the French
community on the subject, and report to us on the best information
that he can privately make, how the balance shall be struck between
the two nations, and by what rules the arrangement may be
accomplished and negotiated in Europe. We cannot omit further
to bring before your Majesty Colonel Stapleton's opinion that ships
of war are essential to the safety of your possession in the Leeward
Islands, but that a ketch is both useless and discreditable for such
a purpose. Signed, Anglesey, J. Bridgwater, L. Jenkins. 2½ pp.
Endorsed, Read in Council, 9 March. [Col. Papers, Vol. XLIV.,
No. 41, and Col. Entry Bk., Vol. XLVI., pp. 416, 418.] |
March 9.
Whitehall. |
1321. Order of the King in Council. After report of the illsuccess of Sir W. Stapleton's conference with the Count de Blenac
(see ante, No. 1235). Ordered, that a copy of Sir W. Stapleton's
demands, with the French Governor's reply and other papers
concerning the negotiation be sent by Secretary Coventry to the
King's envoy in France, who is hereby ordered to push forward
the negotiations according to his former instructions and in
particular to press for the restitution of the Salt Ponds offering
Brimstone Hill as an offset. 1 p. [Col. Entry Bk., Vol. XLVI.,
pp. 418, 419.] |
| March 11. |
1322. Journal of Lords of Trade and Plantations. The proposals
of Mr. Downing and Thomas Oxford on behalf of the inhabitants of
Newfoundland (ante, No. 1310) for maintenance of a Governor read,
and approved on condition that the money be raised voluntarily
and without the constraint of the Order in Council. |
|
Business of Jamaica resumed. Four queries (see next abstract)
addressed to the Attorney and Solicitor General, respecting the
operation of English laws, &c. in the Island. [Col. Entry Bk,
Vol. CVI., pp. 159, 160.] |
March 11.
Council Chamber. |
1323. William Blathwayt to the Crown Law Officers. The
Lords of Trade and Plantations desire your answers to the following
questions:—(1.) Have the King's subjects in Jamaica a right to
the laws of England as Englishmen, or in virtue of the King's
proclamation or otherwise ? (2.) Are not those subjects in Jamaica
who claim to be governed by the laws of England bound as well by
such laws as are beneficial to the King (e.g., for subsidies) as by
such as tend only to the benefit of the subject? (3.) Are not the
subsidies of tonnage and poundage upon goods lawfully carried to
Jamaica payable by law by the King's subjects that inhabit it, or
that trade thither by virtue of Acts of Tonnage and Poundage or
other Acts made in England ? (4.) If wine or other goods be brought
into England for re-export and rebate allowed thereon according
to law, and the same be afterwards carried to Jamaica, shall they
not there be liable to the full tonnage and poundage which should
have been paid if they had been consumed in England, with the
deduction of the sum not rebated in England ? [Col. Entry Bk.,
Vol. XXIX., pp. 376, 377.] |
March 12.
Whitehall. |
1324. Lords of Trade and Plantations to Governor Sir William
Stapleton. We have received your letter of the 18th December
(ante, No. 1235) reporting your demands of satisfaction from the
French Governor in St. Christopher's. Copies of your demands
have been sent to our envoy in France (see ante, No. 1321). We
like your proposal for the exchange of Montserrat for the French
half of St. Christopher's well, and could wish the same were brought
to effect, but we desire first to know the inclination of the French
inhabitants thereunto and, if it be favourable, how the exchange
may be duly balanced. We have also laid before the King your
request for a frigate instead of a ketch; and we doubt not but that it
will receive such consideration as will be for His Majesty's service.
We have also received your despatch of 5th January last with
several Acts of Antigua, whereof the latest is dated the 9th January
1676–77, so that all others made since that time, which we esteem
of great importance to be transmitted to us, are wanting, as likewise
all others last made in the other islands, which by your instructions
should have been sent directly after they were enacted. We refer
you to those instructions and to our letter of 23rd January wherein
we ask for authenticated copies of all laws. The directions which
you ask for guidance in relation to French men-of-war which come
under the King's forts have already been sent to you. As to the
French threats to chase or sink all ships approaching their roads
the King has received such assurances from the French Court as
encourage him to believe they will make good their former promises
of civility and friendship made in the French ambassador's memorial
of 9th September 1670. Signed, Anglesey, J. Bridgewater, L. Hyde,
L. Jenkins, Winchester, 3 pp. [Col. Entry Bk., Vol. XLVI.,
pp. 419–422.] |
| March 17. |
1325. Journal of Assembly of Barbadoes. Bill presented by the
Joint Committee for amendment of the Militia Act, read a first
time and ordered to be transcribed. |
| March 18. |
The new Militia Bill passed. Bill for the levy on land returned
from the Council with amendments. Voted that the levy be 2 lbs.
of sugar per acre. Bill passed. Bill to continue the Act appointing
a committee for public accounts passed. Bill to prohibit negroes
from learning a trade passed. Bill of Replevins passed. [Col. Entry
Bk., Vol. XIII., pp. 378–380.] |
March 18.
Virginia. |
1326. Nicholas Spencer to Lords of Trade and Plantations
I did not write before for I could not write with certainty on our
Indian affairs, but must now assure you that we cannot be sure in
any Indian treaty. In my last of 15th January I told you what
we had in hand, and the ways and means chosen by the Governor
and Council to effect it by Colonel Wood, a person well skilled in
all Indian affairs. He negotiated the same with great prudence
and at length arranged that the chief men of the Indian confederate
hostile towns should meet at Jamestown on the 10th of this month,
to be heard on behalf of their towns and to answer the charges
against them. They received every assurance of safe protection but
appeared not, whether kept back by the knowledge of their guilt,
or misapprehensions of our sincerity (for which the Christians have
given but too good reasons), or perverted by the clandestine designs
of some Indian traders, who wished to upset this arrangement of
Colonel Wood for their own ends, I cannot guess. I incline to
think the last is the true reason, because, since the day when the
Indians failed to appear, two interpreters with great seeming
confidence undertook to bring the Indians in. I informed the
Deputy Governor, but there has been no time yet to take action.
I can give no reasons for the late murder, but suspect revenge to be
the motive. When we consider that Captain Byrd killed seven
surrendered Indians and took away their wives and children prisoners,
on the mere suspicion that they were assassins of our people, we can
hardly wonder at the failure of the treaty. The interpreters say
that the murderers came from that town of Indians. I hope the
matter may be cleared up soon, but we are full of doubt, so false
are the Indians and falser the interpreters. By my next I may tell
you positively whether it is war or peace. Signed. One closely
written page. [Col. Papers, Vol. XLIV., No. 42.] |
March 19.
Whitehall. |
1327. Order of the King in Council on Report of the Lords of
Trade and Plantations of 4th March (see ante, No. 1314).
Repealing the sentence of the New York Assize Court of 3rd
October 1679 and affirming the judgment of the Mayor's Court of
22nd July 1679 in the plaintiff Ward's favour. [Col. Entry Bk.,
Vol. LXXXVIII., p. 50.] |
| March 25. |
1328. Commission for Thomas Sharp to be Ensign to the
company of foot soldiers raised for the defence of New York. ¼ p.
[Col. Entry Bk., Vol. LXX., p. 38.] |
| March 26. |
1329. Journal of Lords of Trade and Plantations. Petition of
the Dutch West India Company for new arrangements on receiving
the proceeds of the negroes seized in 1677 on the Golden Sun read.
Agreed to report in favour thereof. [See Letter to Lord Carlisle
of 8th April, No. 1340.] |
|
Report from the Commissioners of Customs concerning the
fishery and Colony of Newfoundland read, and ordered to be
presented to the King in Council. |
|
The business of the Narragansett country or King's province
being brought up, ordered that all charters and papers material
thereunto be sent to the Attorney and Solicitor General for their
report. Three questions to be put to them (see next abstract). [Col.
Entry Bk., Vol. CVI., pp. 162–164.] |
| March 26. |
1330. William Blathwayt to the Attorney and Solicitor General
about the Narragansett country. By command of the Lords of
Trade and Plantations transmits charters and papers and desires
their answers to the following questions:—(1.) Whether the said
tract of land is contained within the bounds of the Connecticut
Charter. (2.) Whether Rhode Island has any lawful pretensions
to it. (3.) Whether the said country which continucd till of late
in the possession of the Indian Princes who formerly subjected
themselves to His Majesty, be forfeited by conquest into the hands of
the English of those parts and what degree of sovereignty remains
in His Majesty. |
|
Answer of the Attorney and Solicitor General. Find that the
Narragansett country was granted to both Connecticut and Rhode
Island, but the grant to Connecticut being first has the priority of
title; yet in the grant to Rhode Island there is some mention of a
consent by Connecticut; and after all this on a Commission of His
Majesty's it is seized and made the King's Province. Cannot
reconcile these things, therefore must submit it to their Lordships'
judgment whether it would not be better that the matter remain
as it has been settled by His Majesty's Commission, till the parties
be heard and the matter better explained than yet it appears to be.
3 pp. [Col. Entry Bk., Vol. LXI., pp. 38–40.] |
| [March 26.] |
1331. Petition of Peter Hacker, acting for John Wachtendonck,
Commissary for the United Provinces, to Lords of Trade and Plantations. By Order in Council (see ante, No. 900) His Majesty
directed Lord Carlisle that, as soon as the evidence making out the
right of the Dutch West India Company and Balthazar de la Rue to
200 negroes seized in the ship Golden Sun in 1677 should be
produced by the Company's Agent in Jamaica, the bond of 3,000l.
given for restitution of the said negroes should be delivered to the
said agent. The agent, Sir Thomas Modyford, died before the
money was received, and Balthazar de la Rue is also dead. Prays
that Lord Carlisle be instructed to proceed on behalf of the Dutch
West India Company with the execution of the said order with
the representatives of the deceased Balthazar de la Rue as if Sir T.
Modyford were still living. [Col. Papers, Vol. XLIV., No. 43.] |
| March ? |
1332. Report of Lords of Trade and Plantations to the King.
On petition of Peter Hacker, we recommend that, owing to the
death of Sir Thomas Modyford, attorney and procurator of the
Dutch West India Company in Jamaica, before the King's commands
could be executed, Sir Charles Modyford, Francis Hanson, and
Hender Molesworth be empowered to receive in his stead the bond
entered into by Richard Brayne for restitution of certain negroes.
[Col. Entry Bk., Vol. XXIX., p. 377.] |
March 26.
Whitechappell. |
1333. John Ward to William Blathwayt. Desires his bond and
other papers; has set his name to a blank receipt to be filled up.
On the same sheet: Receipt for a bond from John Winder of 17th July
1674, Winder's order for sending another quantity of iron wares,
5th June 1675, Winder's letter owning the receipt of the goods;
promises to produce the three papers on occasion. 1 p. [Col.
Papers, Vol. XLIV., No. 44.] |
March 26.
Barbadoes. |
1334. Governor Sir Jonathan Atkins to Lords of Trade and
Plantations. I have taken all imaginable care to satisfy you in the
material things required in your letter of 6th July 1679. I have
more than once written to you most of the things then required,
but, as it seems, in too general terms, which was my mistake, for I
thought such details would not be grateful to you amid your many
other great occasions. I have furnished you with everything that
you ordered so far as possible, but I cannot omit to give an answer
to your objection of sending the laws made here within the limited
time expressed in my Commission and Instructions, which I hope to
show was due not to wilfulness but to accident, for it could be
of no advantage to me to conceal them from you if you desired
to know them. My first arrival here was in November 1674 (I
must mention this since much of the charge rests on the circumstance of time), and some little time must be allowed for the
ceremonies usual on the entrance of a new Governor. An Assembly
cannot be called suddenly, the law enacting that the writs for
elections must be published three Sundays in every parish before
electing. When the Assembly meets it seldom sits for more than a
day and then adjourns for a month or longer, so that very great
laws are made in a very short time. Moreover not long after my
arrival the old Council of Plantations was dissolved, and there was
no one to whom I could write except Mr. Secretary Coventry,
and him I acquainted with all occurrences. In May 1675 came
the negro insurrection which interrupted all other public affairs.
Few laws were made except with reference to it, and I reported
everything to Secretary Coventry. Your Lordships' letter
announcing your appointment to the Committee of Plantations was
dated 11th August 1675, which could not reach my hands until
long after, for on the last day of that month came the fatal
hurricane which destroyed every ship in the harbour, and levelled
almost every building in the Island. The people required a long
time to recover themselves after this disaster, and were so discouraged last year and this succeeding that many of them resolved
never to be at the charge of repairing their works again. This was
no time for public business, every man being busy with his own
concerns, which was the reason why no ships came to us for some
time, and when they did come were obliged to stay for a long
time before they were laden, for the canes were so twisted that they
could not be easily wrought out, and when they were wrought out
yielded very little. |
|
I conceived it my duty to acquaint you with the whole state of
Barbadoes so near as I could, and therefore I told you that the
arms were wholly in the people's hands, and for the following
reasons:—1st. All other islands have some standing force in the
King's pay, and we have none. 2nd. The revolt in Virginia took
place just about this time, and it was my duty to provide against
any ill consequences thereof, for I remembered how Sir Thomas
Modyford, who had a regiment here, combined with Sir George
Ascue and the Parliamentary fleet to drive the King's Governor,
Lord Willoughby, from the Island. Not that I distrust the people.
I believe their professions of fidelity to the King, but how long this
may continue is uncertain, and I esteem it not impertinent to give
you a true account of the place and of my condition since I found
you so much require it. I have said thus much in the hope that
consideration of accidents, times, and circumstances may somewhat
alienate your Lordships' censure from me. I have sent you all the
laws made in my time by two several expresses within four years,
and the rest as soon as they could be written out. If there has
been any defect by mistake, I must strive to amend it. It is true
that the Militia Act has been re-enacted, but there was good reason
for it, for the continuous cruising of the French fleet compelled us
to put ourselves in a state of defence, and, as I have often told your
Lordships, nothing can be done here without laws. The people
are very obedient to their laws when made and published, and if
disobedient they cannot be punished but by those laws. I never
imagined that the circumstance of time was so material to the
confirmation of laws, especially a law so necessary as this of the
Militia. As your Lordships observe, I am Captain General of
the King's forces in these dominions, of whom, however, I have no
great command except under that Act, for they are under no restraint
except so far as they are bound by that law, and have neither
salaries nor articles of war to oblige them. |
|
Your Lordships' letter of 11th August 1675 enclosed thirty-two
queries. I answered them as fully as I eould on the 4th July
following, and by other letters, yet not, it seems, to your Lordships'
satisfaction; so I have, pursuant to your orders, sent you the
particulars so far as I could get them collected, and your Lordships
have no conception of the difficulty with which they have been
obtained. The inquiries as to their land and the number of their
negroes raised a hundred apprehensions of heavy taxation. As
evidence of their suspicion, when the French were cruising in these
parts, a letter written me from England gave the people alarm
that the Island was to be sold to the French; and because I spoke
French, I was put down as Frenchified and the fittest man to
deliver it up. It is easy to deceive these people, but very hard to
rectify it. Now, as to the answers to your queries:—(1.) I send the
accounts of the christenings and burials registered in the several
parishes, certified under the hands of the ministers and churchwardens; but that it is complete I cannot affirm, for the Anabaptists
and Quakers never bring their children to be christened, and they
bury their dead in their own places, while many others bury their
dead in the gardens and other spots near their houses, the parishes
being some six miles, some seven miles in length, and containing
most of them many thousand acres. It is forbidden under a
considerable penalty of sugar to bury any Christian servant until
so many freeholders of the neighbourhood have viewed the corpse
to make sure that he may not have met a violent death at the
hands of his master, the distance from the church being often so great
that those who live far off know not how to get the corpse down.
This is an old custom which they will not easily forsake. (2.) I
send next a list of all the acres of land in each parish, the number
of negroes and white men-servants, with the master's names in
alphabetical order. These also are attested by the ministers and
churchwardens, since I find that I have so little credit with your
Lordships. (3.) Next, a list of all the militia, horse and foot, of
the eight regiments in the Island; but the whole cannot be expected
to be as they should be, by reason of their want of servants. Nor
are they more certain than the Militia in England, for they alter
every year, as the servants get their freedom, for when their time
is expired they seek a new master or a new fortune. These lists
are attested by the Colonels, except Colonel Lambert's regiment
and Colonel Lyne's, which are attested by their Lieutenant-Colonels,
the former being dead and the latter in Jamaica. They have never
had a muster-master nor can I persuade them to appoint one, for
they think it will be a great expense, so they leave the duty to the
field-officers. (4.) Next is a list of all that have left the Island,
and that you may be the better informed I have sent you all the
tickets from the Secretary's office, for by law of the country no
man is permitted to leave the Island unless he set up his name
three weeks before his departure in the Secretary's office, where it
may be underwritten. This is to prevent the carrying off of
servants, and the absconding of debtors and others who would leave
their wives and children to be a burden to the parish. Every
master of a ship gives a bond in considerable security to carry
away no one without a ticket. I can give no account of the
people that arrive in the Colony; few white servants come, from
the scarcity of land available for them when they have served
their time; they prefer Virginia, New York, and Jamaica, where
they can hope for land, to Barbadoes, where they are sure there is
none. Very few come hither to stay; the names of those few are
in the parish books or the Militia lists, it being not worth while to
erect a new office to take account of them. (5.) An account of
negroes imported, with the prices which they fetched. Further
information, if required, may be obtained from the books which
are sent every year to the Royal Society. (6.) I send also a copy
of the law for taking the oath of allegiance, which, as it refers only
to the present occasion, I thought you would not wish to be
troubled with, and, with your Lordships' favour, I find nothing in
my Commission or Instructions which forbids me to consent to
anything that may tend to the security of the King and the safety
of the Island. I assure your Lordships that the heat here was
such that if I had not passed the law, I should myself have passed
for as arrant a Papist as ever was hanged at Tyburn. There is a
clause in my Instructions forbidding me to put the oaths of
allegiance and supremacy to Quakers, but to govern them "some
other way." What that "other way" means I am still to seek,
But if that be the meaning of your Lordships' exceptions, you will
see in perusal of the Act that it extends only to such as are in any
public trust or office, in which the Quakers have no share. But
to the great discontent of the people and their own great ease and
advantage, they will neither serve on juries, find arms, send to the
Militia, or bear any office, shifting it off with the trick of inability
to swear, whereas profit is all that they aim at. Thus the King's
faithful and dutiful subjects are forced to bear their burden, when
by Act of Parliament the Quakers, for refusing to take the oath,
were banished to this and other of the Plantations, whereof they
have made such good use as to put themselves into a better condition than they could be in elsewhere. (7.) As to the establishment
of the Courts, they were established by law of the Island long
before I came and have continued many years. I have made no
alteration therein, except to remove Judge Sharpe by the King's
order on complaint of the Royal African Company. This made
some removals. Mr. John Witham was by the King's Mandamus
made one of the Council, and Mr. Reid and Mr. Ruddock took their
places, the one at Speight's, the other at the Court of Scotland.
They call them all Courts of Common Pleas, and they are so fond
of them that Lord Willoughby, who tried to do away with them,
was obliged by the general stir to restore them. These Courts are
of no profit to anyone but the lawyers and officers of the Court. I
have sent you the names of the Judges and officers according to
your order. I have erected no new jurisdictions, nor Courts, nor
offices. The officers whom I appointed at my coming were turned
out by patents obtained in England, and that by people who
never came here to execute the same, and who had no interest or
credit in the country. (8.) The account of the stores is attested
by Colonel William Bate, who is in charge thereof. Every ship
pays a pound of powder for every ton if it trade here, but the
extreme charge is seldom collected. This has been a custom here
from the beginning of this Plantation, and is practised, I believe,
in all the other Plantations. (9.) As to entry of goods made
throughout the Island, I can give you no certain account, for there
is no customs-house here. All ships from England or any other
place pay at their first ports, for which their cockets serve them
for a discharge, and they make their entries in the Naval Office,
where, if they are free ships they have a licence for trade, and give
other securities, as the law requires them to pay their powder and to
carry off no one without a ticket, as also to carry their goods to
England. All these documents must be signed by me; I believe I
set my hand a thousand times a year, by which I have not a
farthing profit. No imported goods that I know of pay any duty,
except liquors, of which Madeira wine is the chief. This was done
long before I came, and is continued always by temporary Acts,
sometimes for three months and never for more than six. This
they uphold, as they say, for paying gunners and matrosses, storekeepers and others, and for keeping the forts in repair. You will
find these Acts among the collected Acts. They have now let it
fall, for reasons explained in a letter to Sir P. Colleton and Colonel
Drax, of which I have sent a copy to Secretary Coventry. (10.) The
amount and value of exported goods lie under inexplicable difficulties.
First, they ship from all quarters of the Island, where, being bound
to ship their goods to England, they make no entry but with the
farmers of the 4½ per cent. duty, who keep no records beyond
what concern their own business. The value must, of course, vary
according to the market in England, of which none but particular
persons can have advice. Of all goods that do alone pay customs
the Commissioners in England appointed to receive them give every
year an account, which is sworn before me and transferred to the
Customers there attested by those employed here. For four years
past, as long as that farm was in being, I was ordered to send home an
account of all the collections of that impost. This is the only light
that I can give to your inquiries in this particular. (11.) For
imported goods there is no duty paid since the laying down of the
liquors. For goods exported that pay duties I have sent the last
half-year's account. For the revenue of 4½ per cent., the former
rent of two pounds an acre was swallowed by the Act of the 1½ per
cent., as will plainly appear by the Act itself. I gave you an
account of that very Act, though I perceive that it is forgot; I did
so, but that Act being passed by the King I believe the record
remains with you, and therefore thought it would seem impertinent
to repeat it. The Act is also to be found among the Acts transmitted. Your Lordships refer to two Acts passed for particular
persons, which were sealed with the seal of the Island; they were
two Acts of such a nature as were never passed before, and related
to particular persons, whose confirmation was to be transacted by
themselves, and who therefore desired the seal to strengthen their
pretences. I did not know till after the Acts had been sent that
you wished them to be sent by the seal, for if I had known it I
could as easily have set the seal on them as otherwise. I shall cause
them to be newly transcribed and sent to you, for I find in my
Commission and Instructions no such thing required as to send
them under the seal. (12.) The list of shipping is enclosed, the
same that I have sent to the Commissioners of the Customs by
particular order of the Lords ever since I came here. (13.) As to
Acts of State, we make none in Council. All these things are done
by Acts of the country, according to the old custom, which are
confirmed by the Council and myself, when they become laws and
are afterwards well obeyed. They must be published in all the
churches of the Island on the Sunday after they are confirmed. As
to what I sent you of the proceedings at the General Sessions, it
was what was done often before, and I believe the records thereof
are with you. I thought it a duty not an offence to do it. As to
the merchants, I have always done my best to encourage them.
As to the gentlemen you speak of, who are employed by the country
by any authority they can show but private letters from some of
the Assembly, I know of none. |
|
It is true that upon the going of Colonel Drax the Assembly
addressed the Council asking their consent to certain propositions
in a paper delivered by them, which, as they alleged, was much for
the good of the country. The Council did not approve these
propositions except in certain points which were reasonable and did
not concern the Royal prerogative, but sent down the paper,
unconfirmed, with such amendments as it thought fit. As the
propositions might be for the country, they were content that the
Assembly should proceed, but they were never satisfied by me nor
the Council. After Colonel Drax had been some time in England
he returned an answer to these gentlemen that he had good hope
that they might redeem the 4½ per cent. duty from the farmers on
indifferent terms, with some other things that might please them,
adding that they had prevented the Governor's power of placing
and displacing Councillors, but for which power, then vested in
Lord Willoughby, the Act for the 4½ per cent. had never been
passed. I have no desire for more power than I possess, but I am
sure that it may be to the King's service that my successor should
enjoy it; but this must be left to your Lordships' consideration.
On receipt of Colonel Drax's letter those gentlemen prepared an
answer which they presented to the Council for its concurrence,
but on consideration the Council found that the measure was not
for the country's good but would lay a general burden on it, that
it was to ease those that did not ship sugar (who alone were
concerned) rather than benefit the public at large, and that it was
not right to concur with them in a matter which might prejudice
the King, the existing arrangement being more advantageous to
His Majesty than any new one. These and other considerations
made the Council utterly reject joining with them in that letter or
in anything that they thought might be to the King's detriment.
A copy of the letter I have sent to Mr. Secretary Coventry, from
which your Lordships will see what they are about and take
measures to defeat them, for though the Council has refused to join
with them I doubt not that they will send their instructions home
to their correspondents. I protest that I have no animosity against
either of these gentlemen but have always kept on good terms
with them, and I look upon them as two persons as considerable as
any in the Island while they are here. But it is strange to me
that Sir Peter Colleton could give your Lordships so much
satisfaction as you are pleased to express, considering that he has
not seen this place for five years or thereabouts, and therefore
could not have been present at the making of any of these laws or
give you as good a reason for them as I, who was on the spot.
The other gentleman, Colonel Drax, was present at the making of
the law wherein the 4½ per cent. duty was concerned and was the
most forward of all persons to have it passed, and as much
concerned, if not more, than any. He might easily have done me
the justice to acquaint your Lordships with the reasons that
induced me to consent to it, and the importunity and the reasons
wherewith they persuaded me to it. But having already dealt
with this subject I shall say no more. It is indifferent to me whose
intelligence you are pleased to make use of so you inform yourselves, but I hope that you will not permit unjust reflections on me,
for no man living can endeavour to fulfil your wishes better than
myself. It is not to be wondered at that, upon the great mutations
I see your Lordships are about to make, I at this distance may
mistake some of your orders, where I cannot be present to ask
questions when I doubt, nor penetrate into your reasons but by
guess. No man has tried more faithfully to serve the King than
I. I am now seventy years of age, and it may be that my inactivity
for business lays me under some stress, but my experience and
judgment, I thank God, remain. I know I serve a gracious master.
Forty-two years have been consumed in his and his father's service
in England, Ireland, and elsewhere. But this is unfashionable
discourse and I leave it, placing myself at the King's disposal and
willing, if he think anyone more fit to serve him here, to submit
to his pleasure. 10½ closely written pages. [Col. Papers,
Vol. XLIV., No. 45, and Col. Entry Bk., Vol. VI., pp. 313–322.] |
|
[For enclosures see post No. 1336.] |
March 27.
Greenwich. |
1335. Captain Sir Robert Robinson, R.N., to [William Blathwayt].
Though the Lords of Trade and Plantations have commanded the
opinion of the Captains that have been at Newfoundland touching
the method that is fitting to be used between the fishers and planters
in their ground-stages, &c., in time of the fishing season, I humbly
offer that they will order the Captains that have the convoy this
summer to take advice in every point on the spot with the fishers,
planters, and sacks, and to draw up a written report signed by them
all with their general freedom and opinion in every particular.
(1) "What everyone will be willing to allow, and nothing to be
expected from them but by their own free consent" (sic). (2) "The
fortification and how to be done" at St. John's this year if the Lords
approve, and how to be kept up. (3) Concerning the stages, outhouses, flakes, &c., that belong to each fisher. (4) The security of
each stage, the preservation of forests, the spoiling of the harbours
by throwing press-stones overboard 1½ p. Signed. Endorsed,
Recd. 27 March 1680. [Col. Papers, Vol. XLIV., No. 46.] |
