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June 4-25.
Port Royal.
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746. Minutes of the Council of Jamaica. Present, Gov. Sir Thos.
Modyford, Col. Edw. Morgan, Maj.-Gen. John Modyford, Lt.-Col.
Thos. Lynch, Lt.-Col. John Coape, Capt. John Man, Thos. Fuller,
Maj. Robt. Freeman, Maj. Wm. Ivey, and Peter Pugh, Sec. Ordered
that all officers, both military and civil, continue in their offices until
further notice. Lieut.-Gen. Edw. Morgan, Maj.-Gen. Modyford, Capt.
John Man, Major Wm. Ivey, and Sec. Peter Pugh sworn of the
Council. The Governor's oath administered to Sir Thos. Modyford.
Copies of the oaths.
June 6.Lieut.-Col. Thos. Lynch, Col. Sam. Barry, and Lieut.-Col.
Archbold sworn councillors.
June 9.Lieut.-Col. John Coape and Maj. Thos. Fuller sworn
councillors. Capt. John Gaywood and Bartholomew Font sworn
Deputy Marshals. Commission to be drawn empowering Capt.
Rutter to reduce the runaway negroes on the north side. Mr.
Nicolls to be recommended as minister to the parishioners of St.
Thomas', and to have an order from the Surveyor-General for 300
acres in the centre of the parish for him and his successors for ever.
Mr. Sellers, minister, to be recommended to the parishioners of St.
Andrews, and Mr. Howson, minister, to those of St. David's. The
public seal to be delivered into the custody of Lt.-Gen. Edw. Morgan,
Maj.-Gen. Modyford, and Major Ivey, with power to determine any
case of equity or passing of grants. Order of Governor Sir Thos.
Modyford and Council that a commission be granted to Captain
Abraham Rutter to assemble a number of persons for apprehending
certain runaway blacks from Barbadoes who have committed murder
and other felonies upon the north side of the island, and in case
of resistance to slay and kill said slaves. In case any be taken
who have no proprietors, such negroes to belong to the takers and
their heirs for ever ; and for such as belong to the inhabitants of
Jamaica the takers shall receive 5l. reward.
June 11.Similar order. That all subjects of his Catholic Majesty
are to be treated, by the King's commands, as friends and allies, and
prize is not to be made of their ships or goods by virtue of any commission
heretofore granted or under any other pretence whatever.
June 25.Capt. Thos. Ballard sworn councillor. 6 pp. [Col.
Entry Bk., No. 34, pp. 91-93, 117-120.]
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June 7.
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747. Deposition of Stephen Ustick, late commander of James
Island, in the river Gambia. On the 4th or 5th Dec. 1661 Morgan
Facy, commander of Charles Island in said river, gave leave to
Francis Franson de Sluyter, commander of the Black Eagle, belonging
to the West India Company of Amsterdam, with Petro Justo
Bacque and Jan Vandervoort, two factors from Cape Verd, to
trade in the river, who coming to anchor before James Island, after
having been some time with said Facy, told Ustick they would
give him 1,000 pieces of 8 and goods to the value of 500 pieces of
8, if he would deliver up said island ; that they had brought 30
soldiers to settle there, and that they "had some assurance from
one that had a greater command than this deponent ;" but Ustick
replied that none should command him to betray his trust, that he
scorned both their money and goods, and as long as he had powder
and shot they should never effect their desires ; on which the
Dutch went away to trade at Vintan. Soon after came Capt.
Quick of the Kingsale and Patrick Robertson, factor for the Dutch,
who said it was better to let the Dutch have the island for so much
goods, for if ever any ships arrived from the Royal Company James
Fort would be slighted, but this deponent utterly refused. On
25th Jan. 1662 said factors came again with their former discourse,
saying the negroes would surely cut them off, that the Royal Company
were no more a company, and the Dutch would give him a
ship and provisions to carry himself and his men away. But Ustick
commanded them to depart, or he would proceed against them as
enemies, upon which they went down and stayed two days at
Charles Island. On 19th June 1662 the King of Barra sent word
there were two Dutch ships come over the bar, and he believed
they meant no good to the English. On 21st, when said ships
came within shot, deponent fired to bring them to anchor, but the
wind being strong, they passed by after this deponent had shot 20
guns at them, and they 15 or 16 at the King's flag. Then they
went to Vintan, and declared to Capt. Manoel Vas de Franca and
Manoel Aluris de Britto, the Portuguese Commander-in-Chief and
chief merchant, "that though that young fellow at James Island
was so quick at their coming in, they were resolved to have the
said fort ere they went out," and had 100 men for that business.
On 2nd July they came by again at night, and this deponent fired
at the biggest and shot away her topmast. In December 1661
Justo Bacque gave the King of Barra brandy and linen to war
with the English by land, for he was come with his ship "to rout
them out of the river," and once the King attacked Charles Island,
but were repulsed with loss, and after peace was made with the
negroes they declared that the Dutch factor moved them to war,
and promised them great things. 2 pp. [Col. Papers, Vol.
XVIII., No. 69.]
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June 8.
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748. Report of Sir Geoffrey Palmer, Attorney-General, in
obedience to the King's commands, on petition of Ferdinando Gorges,
grandson of Sir Ferdinando Gorges [see ante, No. 64]. That Sir
Ferdinando obtained a grant of the Province of Maine, 15 Car. I.,
which he governed for some years without disturbance, and expended
about twenty thousand pounds in the plantation thereof.
That he was in actual service for the King during the unhappy
wars, whereby he was a great sufferer, plundered and imprisoned
several times, and thereby disabled from further expense in carrying
on said plantation, and his commissioners forced to return by
the then pretended Commissioners for Foreign Plantations, and so
lost the possession. The inhabitants then petitioned the Governors
of the Massachusetts or bay of Boston to take them under their
Government, which they did, and have continued under their
Government ever since. That petitioner's commissioners since his
Majesty's restoration have endeavoured to take possession of said
Province for petititioner, being heir to his grandfather, but have
been hindered by said Governor of Massachusetts, who required said
commissioners to proceed no further until they had order from the
supreme authority of England, all which is certified. Certified copy
by Michael Brighouse. 2 pp. [Col. Papers, Vol. XVIII., No. 70.]
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June 8.
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749. Another copy of the preceding. 2 pp. [Col. Papers, Vol.
XVIII., No. 71.]
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June 11.
Whitehall.
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750. The King to the Inhabitants of the Province of Maine.
Recites above report of Sir Geoffrey Palmer on petition of Ferdinando
Gorges, grandson of Sir Ferdinando Gorges, touching his title to the
Province of Maine. Has taken the whole matter into consideration
and finds the petitioner's allegations and said report so consonant
that the King has thought fit to require them forthwith to make
restitution of said Province unto petitioner or his commissioners, and
to deliver to him or them the quiet and peaceable possession thereof,
"otherwise that without delay you show us reason to the contrary."
3 pp. [Col. Papers, Vol. XVIII., No. 72.]
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June 11.
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751. The King to the Governor of the Massachusetts Colony and
Council of New England. The second letter was directed thus,
To the inhabitants of the Province of Maine in New England. Copy
of the preceding letter. 5 pp. [Dom. Entry Bk., Chas. II., Vol.
XIV., pp. 28-30.]
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June 13.
Whitehall.
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752. Warrant to the Clerk of the Signet. To prepare a bill to
pass the Privy Seal, authorising and requiring Francis Lord
Willoughby of Parham, Governor of Barbadoes, to deliver to Sir
Thomas Modyford, Bart., Governor of Jamaica, or his assigns, sugars
belonging to his Majesty in Barbadoes to the value of 1,000l., to be
employed towards the finishing of the Great Fort of Jamaica, necessary
for the security of that island. p. A docquet of this warrant is
dated June 29th. [Dom. Entry Bk., Chas. II., Vol. XVI., p. 150.]
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June 15.
Whitehall.
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753. The King to Sir Thos. Modyford, Governor of Jamaica.
His Majesty cannot sufficiently express his dissatisfaction at the
daily complaints of violence and depredations done by ships, said to
belong to Jamaica, upon the King of Spain's subjects, to the prejudice
of that good intelligence and correspondence which his
Majesty has so often recommended to those who have governed in
Jamaica. He is therefore again strictly commanded not only to
forbid the prosecution of such violences for the future, but to inflict
condign punishment on offenders, and to have entire restitution and
satisfaction made to the sufferers. 1 p. [Col. Papers, Vol. XVIII.,
No. 73.]
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June 15.
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754. Entry of the above. 1 p. [Dom. Entry Bk., Chas. II.,
No. XVI., pp. 41, 42.]
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[June 15.]
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755. Draft of the preceding, with corrections in the handwriting
of Williamson. 1 p. [Col. Papers, Vol. XVIII., No. 74.]
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June 15.
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756. Petition of the Royal African Company to the King. Have
eight ships with ladings, worth 50,000l., ready to depart for supply
of garrisons and factories along the whole coast of Africa : have
received insolent protests and threats from the Dutch at Castle de
Mina, who propose to put down the English trade by force, and are
said to have sent ships of war that way ; petitioners having laid so
liberally the foundations of the trade for the good of the nation and
support of the very being of the American plantations (which must
fall with the loss of the African trade through want of negro
servants), pray for the Royal protection, and for a convoy of ships
to protect their intended expedition along the whole coast of Africa
from Cape Verd to Cape Lopez. [Dom., Chas. II., Vol. XCIX.,
No. 83, Cal., p. 617.]
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June 16.
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757. Grant to John Collins, Gent., of the moiety of the rents
and profits reserved for the Island of Barbada, alias Barbuda, in
America, for the residue of the term of seven years, for which it is
granted to Francis Lord Willoughby, with a further grant of said
island for 31 years, rendering yearly four per cent. for all goods of
the production of the island exported, or such duties as shall be
payable for any goods brought from Jamaica. Indorsed, June
the 16th, 1664. See also ante, Nos. 514, 745. [Dom., Chas. II.,
Docquets.]
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June 17.
Barbadoes.
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758. Governor Lord Willoughby to the King. A Spanish ship
had arrived from Cadiz on the part of the Royal African Company
to take 1,000 negroes to the Spanish main, but owing to the short
notice given, the factors had only been able to supply 800. The
captain on being told that he would be allowed, promised to come
again for other trade, which will be beneficial to the island and his
Majesty, who reaps no advantage from the present traffic. Has
obeyed his Majesty's command, and not demanded the tax of 10
pieces of eight on each of these negroes. The money coming in is
only sufficient to pay the assignments which his Majesty has put
upon his revenue, for paying the creditors of the Earl of Carlisle.
If Lord Willoughby had not had a little credit of his own he could
not have settled Sta. Lucia ; has placed a number of men in that
island of which he hopes to send his Majesty a particular account.
3 pp. [Col. Papers, Vol. XVIII., No. 75.]
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June 22.
Whitehall.
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759. Order of the King in Council. Certain reasons of the Council
of Barbadoes having been presented by William Willoughby
against the grant under the Great Seal of England, of the Provost-Marshal's
place to Fras. Cradock for life, Capt. George who brought
same from Barbadoes is ordered to attend the Attorney-General
with said reasons, who will report to the Board his opinion thereon.
Annexed,
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759 I. Reasons of the Council of Barbadoes against Mr. Cradock's
appointment. That the Provost-Marshal is in nature of
a sheriff, and he ought not, therefore, to continue in office
beyond one year. Unless the Provost-Marshal give proper
security there will be no remedy against his or his deputy's
acting unfaithfully ; and claiming under the Great Seal,
he conceives himself not obliged to give such security.
If these officers are not accountable to the authorities in
the island, they will grow careless and neglect their duties.
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759 II. Report of Sir Geoffrey Palmer, Attorney-General, to the
King. Finds that by Letters Patent of 2 Aug. 1660 the
office of Provost-Marshal General of Barbadoes was granted
to Fras. Cradock for life ; also that by Letters Patent of
12 May [mistake for June] 1663 Fras. Lord Willoughby
of Parham was appointed Governor of Barbadoes and all
the Caribbee Islands, with power to make sheriffs and
other officers there, and orders and ordinances as near as
may be to the laws of England. It is alleged on behalf
of the Governor and Council that the authority claimed
by said Cradock is the same in substance with the office
of sheriff in England, and that the office of sheriff is distinct
from the office of Provost-Marshal, and that process
of law ought to be executed there by the sheriff,
which allegations said Cradock doth deny. Certifies that
the laws of England take no notice of a Provost-Marshal,
who is a military and not a civil authority, and did never
execute process of law, but what the use has been in
Barbadoes, and whether it be convenient to put the power
of executing process there into the hands of a Provost-Marshal,
is proper to be informed from the place. Conceives
however that it being a new plantation his Majesty
might dispose the power of executing process at his pleasure.
Indorsed, June 26, 1665, "Appointed to be heard
the second Council day in Michs term." Together 3 pp.
[Col. Papers, Vol. XVIII., Nos. 76, 77, 78.]
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[June 23.]
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760. Petition of Benjamin Bueno de Mesquita, a Portuguese
merchant resident at Jamaica, to the King. That by a late Act
of Parliament petitioner as a foreigner is prohibited from trading
to his Majesty's plantations, to his utter ruin, he having all his
estate there. Prays for Letters Patent making him a free denizen,
and so drawn that he may take the oath of allegiance there.
With reference to the Attorney-General. And on same leaf. Report
of Sir Geoffrey Palmer, Attorney-General, to the King. That he
has considered this petition and conceives his Majesty may legally
grant the same, 1664, July 5. 1 pp. [Col. Papers, Vol. XVIII.,
No. 79.]
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June 23.
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761. Entry of the preceding. [Dom. Entry Bk., Chas. II., Vol.
XVIII., p. 68.]
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June 26.
Port Royal,
Jamaica.
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762. Joseph Martyn to Sec. Bennet [Lord Arlington]. Is writing
by Thomas Clifford's commands. Governor Sir Thos. Modyford
arrived on the 7th inst. [sic, ? 1st inst.], with the Marmaduke,
Capt. Stokes, and another ship from Barbadoes, with 700 planters,
who are very well pleased with the country. It was formerly
supposed that private men-of-war going out from this harbour
did much obstruct planting ; their commissions being now repealed
they will no longer be able to impede it. His Excellency has been
very studious in endeavouring to procure trade with the Spaniards,
but the Governor of San Domingo has only given leave for the ships
to water and careen in Spanish ports. Not above three of the
privateers have as yet brought in their commissions. Instances
the ill resentment of the Spaniards against trade with the English,
nevertheless his Excellency powerfully invites them. The privateers
are a little discouraged by the peace ; one has captured a vessel
bound from Jamaica to Holland. Indorsed, Per the Nicholas
of London. 1 p. [Col. Papers, Vol. XVIII., No. 80.]
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June 26.
Jamaica.
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763. Capt. A. Vandiemen Swart to Lord Windsor. Received
orders to return, but has been 17 months at sea with very bad
success, cables and anchors lost, sails worn, and was not able to put
to sea ; now Sir Thos. Modyford has taken the frigate for his
Majesty's service. [Dom., Chas. II., Vol. XCIX., No. 137, Cal.,
p. 626.]
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June 27-29.
Barbadoes.
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764. Gov. Lord Willoughby to Sec. Lord Arlington. Has just
returned from the Leeward Isles, suffering much from the gout,
which he shuffled off during his voyage ; and will give more particular
account of the settlement of the King's business, the payment of
4 per cent in goods, for they have no money, and the encroachments
of the French in the islands, when he is able to sit up. Has
furnished Sir Thos. Modyford with about 800 people, who sailed
with them himself, but makes it his humble request that he will
divert his Majesty from giving any more such orders, for it is not
beginning at the right end to improve his interest in these parts,
for he doth but take out of his right pocket to put into his left.
Europe is the magazine of people, and from thence his Majesty ought
to send them a constant supply every year. It has been found by
woeful experience, that in all new settlements whither people are
removed from the old ones, 10 die for one that comes fresh and raw
out of Europe ; must refer to the physicians for the reason. Refers
to the cases of Santa Cruz, settled by the Earl of Marlborough, and
Jamaica by the usurper O. Hears of some in England trying to
get grants, but without the King's special order he will stop all such
cries ; let them be obliged to settle with men out of Europe. Has
almost run himself out of breath, but now returns his most humble
thanks for his favours and friendship which his brother assures him
of, and he needs with as great satisfaction as the first night he went
to bed to his mistress.
June 29.The ship having stayed longer than she expected, some
more strength has come to him, by which he can use his pen himself,
to inform him of one most necessary particular, viz., that some able
and honest lawyer be sent out with a suitable salary to be Lord
Chief Baron of the Court of Exchequer, which Lord Willoughby has
erected here ; for since Sir Thos. Modyford's departure, the judges,
being all planters, through ignorance and timorousness, neglect the
King's business. An able person should also be sent to prosecute as
the King's attorney, for those on the island are mostly broken
attornies who have either committed some misdemeanor for which they
could not stay in England, or else could get no practice there. Desires
a warrant for granting patents for these places according to his
commission. 3 pp. [Col. Papers, Vol. XVIII., No. 81.]
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June 28.
Port Royal.
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765. Col. Edward Morgan to Sec. Bennet [sic]. Would not
have troubled his seriousness with this second, were he not assured
that his first had been taken by one of the pirates from this place, the
number of which he fears will very much increase by this inhibition
of privateers. There are 14 or 15 sail still abroad who will not come
in unless it be to lead the enemy in upon us, which is easily done,
they being 2,000 or 3,000, we having not so much fortification as to
lodge 100 men. Believes no place in the world hath been so much
"let at perdu" as this place, and will now be a great deal more, for
we have nothing but the bodies of men dispersed near 150 miles
asunder to resist. The privateers do not now hinder the planters at
all, since it is not permitted to send any more out of the country,
but are a great security, and it is very necessary to continue them
till the land is better settled. Near 1,000 came down with our
incomparable Governor, and believes as many more will follow with
his lady. Has related to his Majesty his great punishments, and
hopes his plantation will soon afford something for acknowledging
his favours. In the Westergate they took a privateer ; another
under Captain Swart has come in voluntarily ; and a third with a
Spanish prize ; but the rest he warrants will keep aloof, unless it be
to do us a mischief. Indorsed by Williamson, want of fortifications,
usefulness of privateers, desires your Honours' protection.
Answered Nov. 12th, 1664. 2 pp. [Col. Papers, Vol. XVIII.,
No. 82.]
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June 28.
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766. Petition of Thomas Lord Windsor to the King. According
to his instructions, contracted with the Royal [African] Company for
300 negroes at 20l. per head, but not being delivered within the
time appointed, petitioner was occasioned several expenses more
than his Majesty's (allowance?). Desires his accounts may be
examined. Referred to the Lord High Treasurer and Lord Ashley,
Chancellor of the Exchequer. p. [Dom. Entry Bk., Chas. II.,
Vol. XVIII., p. 68.]
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June 30.
Jamaica.
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767. Sir Thos. Modyford to Sec. Bennet [Lord Arlington]. Has
been here about 30 days ago, during which time has viewed the
country. Finds it very healthful and pleasant, and divided into
pastures, woods, and rivers. The people generally settled about the
first, which would yield great profit if well stocked ; grass for 100,000
cattle is thus lost, but their cattle is the fairest in the world. Those
who came with him have pierced into the heart of the island, which
is as good land as the Cliff in Barbadoes, and their remaining friends
there will need no other invitation. Has published his commission,
and filled up his Council to 12. Was received with the utmost kindness,
and his flatterers say he has seen more of Jamaica in a fortnight
than all his predecessors saw during their reign. Has settled
to the general contentment of the people his abode at the Town
instead of at the Point, which could not be reached without passing
six miles by water and was an uncertain, tedious, costly, and intolerable
grievance to the country. Is now settling the courts of justice
and militia. The envoys to San Domingo were very courteously
received, and promised all kindness imaginable. Encloses English
copy of the Governor's letter ; is now preparing a despatch for
Carthagena. 987 persons came with him in the Westergate, Blessing,
Marmaduke, and Swallow ; many more would have come had
Modyford had conveyance for them ; all these were persons out of
debt and mostly belonging to composed families and are now planting
apace, having been set down where they desired to plant ; they
are very healthful and well contented with the soil they manure.
Doubts not his Majesty will find a speedy change both of reputation
and returns from this place. Found Capt. Swart with the Griffin
without men and money, and his vessel impossible to go to sea.
Has presumed to fit her up on his Majesty's account, and will if he
can get men, send her to Barbadoes to carry the inviting news and
bring down his wife with the rest of his family, being resolved
thoroughly to execute his Majesty commands or perish. Is persuaded
by this time that orders have been sent to Barbadoes for
payment of the passages on the Blessing at 250 lbs. sugar per head,
and that Sec. Bennet will intercede for payment to the Royal Company
for those on the Marmaduke at 30s. per head, that it may not
lie on him as a too severe reward for the forwardness of his service
in procuring so many to go with him. Has made the enclosed
publication against privateers in pursuance of his Majesty's commands,
but fears it will drive them to the French at Tortugas, and
turn their forces against this island and all trading with us, which
was in some part effected on Captain Watson, who was surprised
by them at Bluefields Bay. Hears they are 1,500 brave men ; has
therefore thought it more prudent to do by degrees and moderation
what he had resolved to execute suddenly and severely, hoping
to gain them off more safely by fair means and reduce them to
planting, to accomplish which he must somewhat dispense with the
strictness of his instructions. Has incumbent on him, besides the
public, the settlement of his own private family consisting of eighty
persons. With marginal notes by Williamson. Indorsed, "Rec.
Oct. 7." Incloses,
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767. I. Proclamation of Governor Sir Thos. Modyford strictly
charging all his Majesty's loving subjects to treat all the
subjects of his Catholic Majesty as friends and allies, and
not make prize of any of their ships or goods by virtue
of any commission. Port Royal, 1664, June 15. Together
4 pp. [Col. Papers, Vol. XVIII., No. 83, 83 I.]
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