|
| [Dec.] |
1609. "Mr. Penn's boundaries settled by my Lord C. J. North."
Draft of a complicated clause as to the eastern and northern
boundaries, evidently designed to meet Sir J. Werden's objections
(see ante, No. 1603). ½ p. [Col. Papers, Vol. XLVI., No. 60.] |
| Dec. 7. |
1610. Order from the Admiralty to Captain John Ashby, of
H.M.S. Constant Warwick. To receive Sir Richard Dutton with
his four-and-twenty servants on board and transport them to
Barbadoes, touching in the passage at the Madras [sic. ? Madeira]
or such other places as he shall direct, and continuing there for
such time as he shall desire, not exceeding four days. Copy. 1p.
[Col. Papers, Vol. XLVI., No. 61.] |
| Dec. 8. |
1611. List of Particulars delivered to Sir Richard Dutton, 8th
December 1680. (1.) A circular letter from the Lords of Trade and
Plantations. (2.) Heads of Inquiry. (3.) Copy of a letter formerly
sent to the Governor and Council of Barbadoes. (4.) Letter from
the King of 9th November 1680 concerning the entry of goods.
(5.) A duplicate of Mr. Blathwayt's patent for the post of Auditor
in the Plantations. (6.) King's letter concerning that patent.
(7.) Letter from Lords of the Treasury concerning the same. (8.)
Instructions to Governor Stapleton for commuting the 4½ per cent.
duty. [Col. Papers, Vol. XLVI., No. 62.] |
| Dec 11 |
1612. Memorandum to Sir Henry Morgan for his guidance in
passing the Bills transmitted to him by the King. Militia Bill:
Clause providing that nothing in the Act be construed as altering
or abridging the power of the Governor and Commander-in-Chief.
This Clause was agreed on by the Committee of Trade and Plantations after consultation with the Attorney-General and was
acquiesced in by Colonel Long and the other gentlemen of Jamaica.
Bill for regulating the Courts of Justice: Clause enacting that all
Judges of all Courts shall, in criminal matters and matters concerning
title or property, proceed according to the laws now made or hereafter to be made in England, except where otherwise provided by
the laws of Jamaica; the words criminal matters—property altered
to matters concerning title of land and property of goods and all
matters of treason, felony, and petty larceny. This amendment
was agreed to upon very serious consideration and must not be
altered. Also, a proviso, that no English statute should apply to
Jamaica until two years after the passing thereof or promulgation
thereof in the Island, was wholly struck out. The Act concerning
Ministers: The sum of 60l. was altered by the Committee to 80l.,
the former sum appearing too small for the maintenance of any
minister. Bill for the more speedy collection of quit-rents: A
clause providing for the application of quit-rents to defrayal of the
expenses of the Government of Jamaica was agreed on in lieu of
that in the Bill transmitted to Lord Carlisle. Draft, with corrections.
2½ pp. [Col. Papers, Vol. XLVI., No. 63.] |
| [Dec.] |
1613. Rough draft of foregoing memorandum, containing some
small differences of language only. 2 p. [Col. Papers, Vol. XLVI.,
No. 64.] |
Dec. 13.
Whitehall. |
1614. Journal of Lords of Trade and Plantations. In reference
to several papers lately received from Virginia containing the laws
lately passed there and the proceedings of the Assembly, also two
letters of 9th July and 20th August last from the Secretary of
Virginia, also a request of the Assembly for a cessation from
planting tobacco in 1681, and information of a mutiny like to
happen in one of the foot companies sent over by His Majesty.
Agreed that the letter be submitted to His Majesty in Council and
debated whether their Lordships shall defer the consideration of
the other papers until Lord Culpeper's arrival, who is said to be
landed in Ireland. |
|
Agreed that further orders be given for the transmission of
returns of exports and imports. |
|
Laws of Barbadoes considered. [Col. Entry Bk., Vol. CVI., pp.
237–239.] |
| Dec. 14. |
1615. Warrant of the Commissioners of the Admiralty to
Captain Crow, commanding His Majesty's yacht Merlin. To
victual Sir Richard Dutton's servants while on board the Merlin
in the same manner as the ship's company. Copy. [Col. Papers,
Vol. XLVI., No. 65.] |
|
1616. General account of the commodities imported to Barbadoes
from 14th September to 14th December 1680. Signed by Abraham
Langford, Clerk of the Naval Office. [Col. Entry Bk., Vol. X.,
No. 4.] |
Dec. 15.
Whitehall. |
1617. Order of the King in Council. Referring to the Lords of
the Treasury two letters from the Secretary of Virginia to the Earl
of Sunderland, dated 9th July and 20th August last, touching a
cessation from planting tobacco for the year 1681, for their report
thereon. [Col. Entry Bk., Vol. LXXX., p. 399.] |
| Dec. 16. |
1618. Journal of Lords of Trade and Plantations. Lord
Carlisle, Colonel Long, Mr. Beeston, and other Jamaica gentlemen
attended upon a paper presented by them containing particulars of
the government of Jamaica, which was taken into consideration
(see Report on these proposals No. 1622). |
|
Mr. Penn is called in concerning the patent desired by him, and
upon reading the letters from Sir John Werden touching the
boundaries wherein the Duke of York is concerned, their Lordships
order that, for the settlement thereof, Sir John Werden attend
them on Saturday next, at which time Lord Baltimore's agent is
likewise ordered to attend on behalf of his Lordship's propriety of
Maryland. [Col. Entry Bk., Vol. CVI., pp. 239–243.] |
| Dec. 16. |
1619. William Blathwayt to Richard Burke. The Lords of
Trade and Plantations have appointed the 18th instant as the day
whereon they will hear the exceptions of Lord Baltimore's agents
against the draft of Mr. Penn's patent, and you are therefore
desired not to fail to be in attendance on that day at 4 p.m., their
Lordships being resolved to proceed to a resolution on the matter. |
|
The same to Sir J. Werden, desiring his attendance at the same
time. Drafts, both on one page. [Col. Papers, Vol. XLVI., No. 66.] |
Dec. 16.
Westminster. |
1620. Memorial of the Dutch Ambassador to the Court of England. Is ordered by the States General to reiterate the demands
made in his former memorial of 11/21 October 1679 (ante, No. 1143)
for the restitution of St. Eustatius and Saba, having reason to
believe that in the course of thirteen months the King must have
received an answer from his Governor on the spot, and no doubt
that on this reiteration of the demand His Majesty will give a
favourable reply. Signed D. v. Leyden de Leeuen. Copy.
Endorsed, Recd. and read at the Committee of Intelligences
19 Dec. 1680. To be referred to the Committee of Plantations to
report the state of these matters to the King. Read 15 Jan. 1680–81. The original returned to Mr. Secretary Jenkins with the Order
in Council. French. 1½ p. [Col. Papers, Vol. XLVI., No. 67.] |
Dec. 17.
Nevis. |
1621. Deposition of Joseph Harris, master of the ship Agreement of Youghal. Left Nevis roads on his passage from Youghal
to New England, 8th August. On 15th August sighted a ship in
lat. 25° 30' N. standing towards him; lay to till she came up, when
she immediately fired a great gun, shotted. Lowered topsails, and
by order of the ship went on board her with three hands and found
her to be a Spanish vessel of ten guns and twelve patararoes and
sixty men. Deponent and his three men were detained on board
while the Spaniards sent a party on board the Agreement and
ransacked it, taking whatever they pleased. Two other parties
also went on board, and took away from the cabins all that was
worth carrying to the value of 100l., and all the victuals, except
one half barrel of beef. They then sent deponent on board his
ship and sailed away. |
|
Deposition of John Rolfe, seaman, who was one of those that
went aboard the Spanish ship with Harris, confirming his
statement. |
|
Deposition of John Richman, seaman of the Agreement, confirming
Harris's statement in every particular. The Spaniards ransacked
everything, in cabins and hold alike, and carried off even the men's
clothes, and though some begged a shirt of them, answered only by
drawing their swords. The Spanish ship had a lion in the stern,
and is supposed to be the Lion of Havanna. All three depositions
sworn before Sir W. Stapleton, and attested by him in his own
hand. Endorsed, Recd., 17 Oct. 1681. 2½ pp. [Col. Papers,
Vol. XLVI., No. 68.] |
Dec. 18.
Council Chamber. |
1622. Report of Lords of Trade and Plantations to the King,
on the proposals of the merchants and planters of Jamaica (see
ante, No. 1575). (1) It is desired by the merchants that the
Chancellor of Jamaica be empowered to cause stay of execution if
the creditors of Jamaica, upon the lessening of the interest or the
regulation of the negro trade, shall violently prosecute the planters;
yet with the proviso that the debtor pay as much as possible
without breaking up his estate, and that the creditor receive the
interest from the country for his forbearance. Also that, if
thought best, an Act be passed in Jamaica to enable the Chancellor,
such Act to be in force for one year only. In answer hereto, we
do not think it consistent with justice or the good of the Island
that any such Act or Order should be made, especially since the
African Company, which is the principal creditor, will be prejudiced
thereby without its own consent, contrary to the existing agreement with the Planters, and would be discouraged from sending
further supplies of negroes to the Island. The proposal is also
repugnant to Order in Council of 12th November last, which
regulates the number and prices of negroes that are to be sent
yearly by the Company to Jamaica, and the forbearance to be
allowed to debtors. We think that the best course would be for
us to recommend the case of the planters by letter to the African
Company, informing them that it would be pleasing to your
Majesty, encouraging to the planters, and hence to the Company's
advantage that they should not be over-hasty in calling in their
debts, especially from such as cannot now pay without breaking up
their plantations. (2) We offer no opinion whether a Governor
should combine in his sole person the authority of Chancellor,
Ordinary, and Admiral. (3) As to the question of appeals from
the judgment of the Supreme Court of Jamaica, with special
reference to the case of Francis Mingham, we think it is fit that
appeals should be permitted from all the Courts of Jamaica to
the Governor and Council on civil causes (at the hearing whereof
any three or more of the Judges of the Supreme Court are to be
present), provided that the value appealed for exceed 100l., and that
the Appellant give security for such costs as shall be awarded if
the original sentence be confirmed. If the Appellant be unsatisfied
with the judgment of the Governor and Council, he should then be
at liberty to appeal to your Majesty in Council, on making good
the proviso requisite in the first appeal. In this case execution
shall not be suspended by reason of such appeal to your Majesty.
We recommend, therefore, that the Governor be directed to settle
this method in Jamaica by the best means he can. (4) On the
suggestion that the Supreme Court of Jamaica should have a seal,
to be kept by the Chief Justice, under which the Courts at
Westminster may if necessary be certified of any proceedings, we
would observe only that no such seal is appointed for other
Plantations, and that the public seal may be used if necessary.
(5) We see no reason to alter that part of the Commission and
Instructions to the Governor, whereby a suspended Councillor is
declared incapable of election to the Assembly, nor that part which
gives power to transport men from the Island. (6) Upon the
suggestion that the inhabitants be allowed to raise money to pay
their solicitors here in order that a true account may be given to
the Court of affairs there, we think that the Governor should be
empowered to consent to a law for raising money for the better
carrying on the solicitation of the public affairs in England,
provided that such levy do not exceed 300l. yearly. If the
Governor do not think fit to agree to such a law, the persons
concerned may be permitted to make voluntary contributions for
the same object, provided that such contributions do not exceed
300l. in any one year, and that if any complaint be intended
against the Governor, notice thereof be immediately given to him,
together with a copy of the charge against him. The questions
concerning the Admiralty and the restraint of privateers we have
referred to Lord Chief Justice North and Mr. Secretary Jenkins
for their report. Signed, Clarendon, Bath, L. Jenkins. 5½ pp.
[Col. Papers, Vol. XLVI., No. 69.] |
| Dec. 30. |
1623. Warrant from the Commissioners of the Admiralty to
Captain Ashby of H.M.S. Constant Warwick, to convoy the
merchant ship laden with Sir R. Dutton's baggage to Barbadoes.
[Col. Papers, Vol. XLVI., No. 70.] |
Dec. 30.
Jamaica. |
1624. Deposition of Robert Oxe, master of the ship Laurel of
London. Deponent being on a voyage in the bay of Campeachy
sent, on Sunday 2nd May 1680, his barque of about 35 tons into the
lagoon of "Treece" (Trist) to fetch a pilot aboard, and next day
stood in to pick him up. In the evening saw a sail; sent the
pinnace to meet her and found her to be a Spanish frigate in chase;
on learning this from the pinnace, fired a gun to warn James
Browne, master of the pink Recovery who waited for deponent
until he came up. That night made sundry attempts for the said
Browne, slipping anchor and cable for his assistance, until Browne
was forced to let slip both anchors and cables and be taken in tow
of the Laurel. On the 6th May the Spanish frigate, with two more
Spanish men-of-war, came up with them. Cast loose the pink and
took Browne and his men on board. The Spanish fought him for
four or five glasses and then ran ahead and took the pink. All
this while the barque sent into Trist had been, unknown to
deponent, taken by the Spaniards. Stood in that night to the
river of St. Peter and St. Paul for water and stood out off the Bay
until forced to go to the Cays of Yucatan for water. Then was
surprised by the Spaniards at night when most of his men were
ashore. The Spaniards killed two men and cruelly treated the
deponent, hanging him up at the fore braces several times, beating
him with their cutlasses, and striking him in the face after an
inhuman cruel manner. After taking his ship and cargo worth
5,000l., they turned him with eight hands into a canoe for the Cays
of Turrinife (sic) with only two days' provisions, where he lived
fifteen days before any relief came. The Spanish captain slighted
Lord Carlisle's pass, flinging it from him and boasting that
deponent's was the twenty-second ship he had captured that summer.
They said that they would come to Jamaica too presently, and that
they had taken five hundred English prisoners, which they ordered
for "Laverrecruise" [Vera Cruz]. Signed, Robert Oxe. Inscribed,
Sworn before the Deputy Governor and Council 30 December 1680.
(Signed) Rowland Powell, Cl. Council. "Recd. 19 April [1681]
from the E. of Carlisle. 1 p. [Col. Papers, Vol. XLVI., No. 71.] |
| Dec. |
1625. A list of several ships of goods seized in the King's name,
by Edward Randolph, His Majesty's Collector in Boston, Salem,
Piscataqua, and the province of Maine, between the 16th March and
the 20th December 1680. Seven ships, two lots of goods, and one
man seized, the man being Peter Lawrance, master of the ship
St. John of Dublin, for, among other offences, "firing a shot at His
Majesty's jack." 2 pp. [Col. Papers, Vol. XLVI., No. 72.] |
| Dec. |
1626. The case of the ship Virgin, taken by the Spaniards in the
West Indies in May 1673. A succinct history of the case down to
the final reference thereof to the Committee of Trade and Plantations
by Order in Council of 17th November. Printed. 1 p. [Col.
Papers, Vol. XLVI., No. 73.] |
