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Aug. 3.
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781. Remonstrance of the Governor, Council, and Burgesses of
Virginia to the King. Setting forth the meeting of the Commissioners
for Virginia and Maryland for lessening the planting of
tobacco in both colonies, according to his Majesty's instructions and
the agreement that was concluded between them, which the Assembly
of Maryland have utterly rejected, and beseeching his Majesty to
take the same into his consideration. Signed by Sir William
Berkeley, Governor, and Robert Wynne, Speaker. Indorsed, "Recd.
8th August, read in Council 10th August 1664. 1 p. [Col. Papers,
Vol. XVIII., No. 89.]
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Aug. 10.
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782. Minutes of the Committee for the affairs of Jamaica, on the
nine articles of proposals concerning the peopling of Jamaica,
extracted from Governor Sir Thos. Modyford's letter of 10th May
last [see ante, No. 739]. 2 papers, one in the handwriting of Sec.
Bennet. 1 pp. [Col. Papers, Vol. XVIII., Nos. 90-91.]
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Aug. 10.
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783. Minutes of a report of the Council appointed a Committee
for the affairs of Jamaica on the above proposals of Sir Thos. Modyford.
Some of said articles of proposals are not to be yielded to,
some nothing said thereupon, and denied, and others altered and
found reasonable. See next abstract. 1 p. [Col. Papers, Vol. XVIII.,
No. 92.]
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Aug. 10.
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784. Report of the Committee of the Privy Council for the
affairs of Jamaica on the above-mentioned nine articles of proposals
by Governor Sir Thos. Modyford.Article 1. That the King be
prodigal in giving away the first million of acres, allowing 30 acres
per head to men, women, and children, white or black, agreed.
2. Grants to be limited to 30 acres per head and planted within
three years, under a penalty of 12d. per ann. per acre. 3. Freedom
from custom on goods : denied ; trade to be allowed only with the
Spaniards in American commoditites. 4. More strict directions to
be given to Lord Willoughby to encourage it : denied. 5. The great
men of England to be obliged by his Majesty's example to settle
plantations there : no remarks. 6. The Royal Company to be
obliged to furnish negroes : recommended and their answer desired.
7. That the meaner sort of people and children that lie on the
parish, as also delinquents, fit subjects of mercy, be transported
thither : the former cannot be complied with, of the latter care is
already taken. 8. That encouragement be given to Germans and
others by making them free denizens only within the island : this
is reasonable, and in some degree provided for in the Governor's
instructions. 9. For power to coin money : denied. Upon the two
propositions for allowing 1,200l. for transportation of passengers and
the appointment of a person to defray expenses of same from
Barbadoes to Jamaica, the King's pleasure is to be known. 2 pp.
[Col. Papers, Vol. XVIII., No. 93.]
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Aug. 10.
Jamaica.
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785. Gov. Sir Thos. Modyford to his brother [Sir James Modyford].
Thinks this better than to write directly to the General
[Duke of Albemarle], for now he can offer what he thinks fitting.
Annexes,
Considerations touching Jamaica, presented by Sir Thos.
Modyford, with his desires thereon. It is calculated that
5,160l. 10s. will finish the fort at Port Royal, and 1,648l. per
ann. maintain it, besides a constant supply of ammunition ;
it would then be one of the strongest places in the world.
Three hundred negroes would "excuse" much of the charge,
and an assignment of part of the King's revenue in Barbadoes
would in less than three years finish it. With these negroes a
Royal plantation might then be settled. On consideration of the
large extent of the island and the wide settlementsfrom Port
Morant to Bluefields Bay is at least 170 milesbesides many
on the north side, the only way to keep them in order and to
give speedy justice is to divide the whole island into counties,
hundreds, and tythings, with a sheriff to be chosen yearly, constables,
and tythingmen, to keep monthly county courts, also
courts leet, to secure the allegiance of the inhabitants. Instead
of a sheriff there is a Provost-Marshal, an officer only fit for an
army ; a sheriff is absolutely necessary for the peace and happiness
of the island, therefore the King's positive orders are
desired for one to be appointed. A court of common pleas,
consisting of three judges, to be held in St. Jago, is most necessary,
and has been in part begun, but positive orders are desired
to take off all envy and repining, especially at Cagway, where
they were settled to the almost ruin of the colony. On same
sheet.
July 21, Jamaica.Sir Thos. Modyford to his brother. Desires
him to communicate the above to his brother [Kendall], and both to
"our Duke" [of Albemarle], and advise seriously what is obtainable.
Desires him especially to press for the sheriff, absolutely necessary
for the good of this place, and begs there be no hint of Modyford's
desire in it, because it will make Col. Lynch, who has that unreasonable
patent for Provost-Marshal, resent it, who Modyford would
not willingly disoblige, for he is a pretty understanding gentleman,
and very useful here ; he has an estate, and would be very well
beloved were he sheriff instead of marshal. As to the fort, prosecute
it as far as he can. Shall settle the courts as fast as he can,
and if his Majesty's directions come after it will do well. Is just
despatching Jack for Barbadoes to fetch his mother. Indorsed
Rec. from Sir Jo. Rob[inson?]. 3 pp. [Col. Papers, Vol. XVIII.,
No. 94.]
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Aug. 10.
Jamaica.
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786. Gov. Sir Thos. Modyford to his brother, Sir James [Modyford].
Is troubled for Sir Charles (Lyttelton), but truly he was a
weak man and much lead by mean fellows here, and lately sent out
so many privateers, which renders Modyford's actions very difficult ;
for he has an account of no less than 1,500 lusty fellows abroad, who
if made desperate by any act of injustice or oppression, may
miserably infest this place, and much reflect upon Sir Thos. Therefore
he has hit it right that unless Tortudas be reduced, and a fleet
of frigates to awe them, they must be "tempored" with. Accordingly,
he privately told the captain who brought in the last Spanish
prize, that he only stopped the Admiralty proceedings to give a good
relish to the Spaniard ; that he should have satisfaction, but that Sir
Thos. durst not secure him nor his ship ; so got some merchants to
buy the prize for 400l., and went one-fourth part with them himself,
with a promise to get nothing if the Spaniards came for her. The
creditors of this privateer pressed the Capt. so hard that he fled in the
night, and was put out of command the next day, but he told the
Marshal he would advise all privateers to come in and give over
until further power from his Majesty. The fault was wholly in
Sir Charles to grant, for the commission was good to the poor man,
and therefore to imprison him or alter his property, had been injustice
and oppression. Hopes this will come soon enough for his own
vindication. 1 pp. [Col. Papers, Vol. XVIII., No. 95.]
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Aug. 12.
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787. Sir Edward Harley to Lord Conway. Lord Willoughby,
by promises and entreaties, engaged the writer's brother Robert to
go to America with a great part of his estate, but there used him
most severely, and sent him home sick ; he is still in a deplorable
condition of health. [Dom., Chas. II., Vol. CI., No. 39, Cal., p.
665.]
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Aug. 19/29.
to
Aug. 29./Sept. 8.
New York.
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788. "Copies of the several letters which passed between Col.
Nicolls, the present Governor, and the late Dutch Governor Stuyvesant,
before the surrender of New York, under his Majesty's
obedience, with the articles upon which it was surrendered."
Annexed,
"Governor Stuyvesant's first letter sent on board his Majesty's
ship Guyny (? Guinea), riding at Nayack Point near Long
Island." Having received various reports concerning the
arrival of four English men-of-war upon this coast, has sent
the bearers John de Decker, one of the Council, Rev. John
Megapolensis, Paul Leenderzen Vandergrift, and Samuel Megapolensis,
to intreat of their commander the intention of their
approach, without first acquainting him with their design,
which in respect of the Government of the place they ought
to have done. Fort Anill, New Netherlands, 1664, Aug. 19/29.
Col. Richd. Nicolls to Governor Stuyvesant. Has received
his letter of August 19/29, and thinks it fit to let him know that
his Majesty of Great Britain, whose right and title to these
parts of America is unquestionable, well knowing how much
it derogates from his crown and dignity to suffer any foreigners
to usurp a dominion and inhabit in any of his territories, has
commanded Nicolls to require a surrender of all forts, towns,
or places of strength possessed by the Dutch under Stuyvesant's
command. And in his Majesty's name Nicolls demands
the towns situate on the island Manhatans, with all the
forts thereto belonging. His Majesty, being tender of the
effusion of Christian blood, confirms and secures estates, life,
and liberty to every Dutch inhabitant who shall readily submit
to his Government, but those who shall oppose his Majesty's
gracious intention must expect all the miseries of a war which
they bring on themselves. Expects his answer by Col. Geo.
Cartwright, one of his Majesty's Commissioners in America,
Capt. Robt. Nedham, Capt. Edward Groves, and Thos. Delavall.
His Majesty's ship Guinea riding before Nayack, 1664,
Aug. 20/30.
"Governor Stuyvesant's answer to the letter of summons,
sent to Gravesend upon Long Island." That his Majesty of
England hath an indisputable right to all the lands in the north
parts of America, the Kings of France and Spain will disallow
as he absolutely does, by virtue of a Commission from the
States General, over New Holland and the isles of Curaao,
Bonair, and Aruba, bearing date July 16/26, 1646, as also a grant
to the West India Company in 1621, as authentic as his
Majesty can give to any colony in America, as appears by a
Patent shown to Nicolls' deputies, Col. Cartwright, &c. Moreover
it is without dispute that Stuyvesant's predecessors have
peaceably enjoyed Fort Orange 48 or 50 years, the Manhatans
41 or 42 years, the South river 40 years, and Freshwater river
about 36 years. As to his Majesty requiring a surrender of
the places possessed by the Dutch under Stuyvesant's command,
is so confident of the equity of his Majesty, that in
case his Majesty were informed of the truth, that the Dutch
came not by any violence but by virtue of commission from
the States General in 1614-1616 up the North river to near Fort
Orange, and in 1626 by a grant to the Burgomasters of Amsterdam
of the South river, and that these Provinces have been
governed and consequently enjoyed, in regard of first discovery,
uninterrupted possession, and purchase of the natives and other
private persons (though Gentiles). Makes no doubt that his
Majesty would be too judicious to make such an order, in a
time when there is so straight a friendship and confederacy
between their superiors, to trouble the Dutch in demanding
fortresses, put into their hands with order dated 18/28 July 1646,
to maintain them for the States General. Stuyvesant is therefore
obliged to repel and take revenge of all threatenings, injustice,
attempts, or any force whatsoever committed against the faithful
subjects of the States General, it being a very considerable
thing to affront so mighty a State. About three years ago
some English frigates on the coast of Africa, upon a pretended
Commission, demanded Cape Verd, the river of Gambia, and
all other places in Guinea, to the States General belonging,
which his Majesty disallowing gave order that restitution
should be made to the East India Company, which makes
Stuyvesant think that a more express order should appear, as
a sufficient warrant for himself towards the States General.
To conclude, though his Majesty's Governor and Commissioners
have divers times quarrelled with him about the bounds of his
jurisdiction, they have never yet questioned the jurisdiction
itself ; on the contrary, in 1650 at Hertford, and last year at
Boston, they treated with us about this subject, a sufficient
proof that his Majesty has never been well informed of the
equity of their cause, so they cannot imagine his Majesty would
give a Commission to molest and endamage them, or attempt
any act of hostility or violence against them. But in case
Nicolls will act by force of arms, protests that he will act
an unjust violence and a breach of the 14 Articles of Peace
between England and the States General. To prevent the
shedding of blood, in February last we treated with Capt.
John Scott, touching the limits of Long Island, and concluded
for the space of a year, so that in the meantime the business
might be treated on between the King and the States General,
and again at present Stuyvesant offers a treaty by his deputies
Cornelius Van Ruyven, Secretary and Receiver of New Holland,
Cornelius Steenwick, Samuel Megapolensis, and James Cousseau.
Stuyvesant fears not any threats, for we may as well be
preserved by God with small forces as by a great army. At
the Fort at Amsterdam, 1664, Aug. 23/Sept. 2.
Governor Stuyvesant to Colonel Nicolls at Gravesend.
The discovery of the news from Holland, which makes us not
to doubt that the King and States are agreed upon their limits.
This had given us hope that you would have desisted from
your design, or at least have given time for an answer from
our masters. But as by the report of our deputies, you persist
in your summons of 20/30 August, we are obliged to defend our
place. However, as no doubt there will be a great deal of
blood spilt, and greater difficulty may arise hereafter, we have
thought fit to send John de Decker, Councillor of State, Cornelius
Van Ruyven, Cornelius Steenwick, and James Cousseau,
to the end of finding some means to prevent the spilling of
innocent blood, praying that Nicolls will appoint a place and
hour, and send deputies with full commission to treat of a
good accommodation. The Manhattans in the Fort of Amsterdam
in New Holland, 1664, Aug. 25/Sept. 4.
Col. Nicolls to Governor Stuyvesant. In answer to his of
Aug. 25/Sept. 4, thinks it agreeable to the King's intentions to receive
all ways of avoiding the effusion of Christian blood, and would
willingly comply with his proposition to appoint deputies to
treat, but unless by such meeting he intends to treat upon
articles of surrender, Nicolls does not see just cause to defer
the pursuance of his Majesty's commands for reducing his
towns and forts to his Majesty's obedience. Gravesend, 1664,
Aug. 25.
"Governor Stuyvesant's commission under the seal of the
town, empowering several persons to treat upon articles of
surrender." The Governor-General and Council of the New
Netherlands, to prevent the effusion of Christian blood, and
moved by the summons of the Hon. Lord Richard Nicolls,
promising freely to redeliver the fort and city of Amsterdam,
in case the difference of limits be agreed upon by his Majesty
and the States General, have "committed" John de Decker,
Capt. Nicholas Verlett, commissary concerning matters of
traffic, Samuel Megapolensis, Cornelius Steenwick, Oloffe
Stevens Van Kortlandt, and James Cousseau, to agree with the
Lord General Richd. Nicolls or his deputies upon further
articles, promising to fulfil whatsoever shall be by them agreed
upon. Fort Amsterdam, New Netherlands, 1664, Aug. 26/Sept. 5.
"Colonel Nicolls, his answer consenting to the Treaty of
Surrender, and nominating his Commissioners." Col. Nicolls,
Commander-in-Chief of his Majesty's forces now beleaguering
the town on the Manhatans, accepts the proposals of the
Governor and Council there residing, to treat of articles of
surrender of said town and forts ; and whereas they have been
pleased to appoint John de Decker, &c. to agree upon further
articles, Nicolls on his part appoints Sir Robert Carr, Kt., Col.
George Cartwright, John Winthrop, Governor of his Majesty's
Colony of Conecticut, Saml. Willis, one of the Council of said
colony, Capt. Thos. Clarke, and Capt. John Pinchon, Commissioner
from the General Court of Massachusetts, to be his
deputies to treat and conclude upon articles of surrender, promising
to fulfil whatsoever they shall conclude upon. At the
camp before the Manhatans, 1664, Aug. 26.
Mem.That it is agreed upon by the Commissioners on
both parts above-named that they meet to-morrow, 27th Aug.
(old style), at 8 o'clock in the morning, at a place called
the Governor's Bowry on the Manhatans. On said 27th day
the Commissioners met at the place appointed and agreed upon
the following Articles of Surrender, which were consented to
by the persons thereunder subscribed, and dated 1664, Aug. 27
[see Cal. in full, No. 794.]
Certificate of Governor Stuyvesant's consent to the above
Articles of the 27th Aug./6th Sept. agreed upon by the Commissioners appointed
by him and Col. Richard Nicolls, under his hand and
the public seal of the town. Signed P. Stuyvesant, and certified
by Cornelius Van Ruyven, Secretary. Fort Amsterdam,
New Netherlands, 1664, Aug. 29/Sept. 8. "Upon the same day the town
and fort were delivered accordingly." Together 26 pp. [Col.
Papers, Vol. XVIII., No. 96.]
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Aug. 19-22.
St. Jago-de-la-Vega.
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789. Minutes of the Council of Jamaica. On reading the King's
letter of June 15 last commanding restitution of captured ships and
goods to the Spaniards ; ordered that the ship and bark brought in
by Capt. Searles of the Port Royal be seized and restored to that
nation, and also all specie that can be found ; that notice thereof be
sent to the Governor of Havannah ; that persons making any further
attempts of violence and depredation upon the Spaniards be looked
upon as pirates and rebels ; and that Capt. Searles' commission be
taken from him, and his rudder and sails taken ashore for security.
Col. Theodore Cary, judge admiral, John Man, sergt.-major at the
Point and Capt. Peter Pugh, to see these orders duly executed.
Aug. 22.Ordered that the judge forbear to grant execution upon
the verdict of the jury at the last Court of Common Pleas, against
Capt. Thos. Morgan, for a negro taken at Campeachy, whilst Capt.
Christopher Mings was disabled by a dangerous wound, until further
notice, as matters of this nature do not come under the cognizance
of a civil court. 3 pp. [Col. Entry Bk., No. 34, pp. 121-123.]
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Aug. 24.
Inner Court of
Wards.
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790. Minutes of the Council for Foreign Plantations. Petition of
merchants, planters, and masters of ships trading to the Plantations
to the King, with his Majesty's reference, the report of Sir Heneage
Finch [see ante, No. 769], and a signed bill preparatory to a grant of
said office to Col. Roger Whitley under the Great Seal [see No. 802]
being read and debated upon, according to the King's directions ;
ordered, being a matter of great moment and the day far spent, that
the further consideration be deferred for a week. p. [Col. Papers,
Vol. XIV., No. 59, p. 57.]
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1664?
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791. Report of Committee of Council for Foreign Plantations,
entitled, "Certain propositions for the better accommodating the
foreign Plantations with servants," in 20 articles. The servants are
classed under two heads, blacks and whites. The blacks bought by
way of trade, and sold about 20l. a head, the most useful appurtenances
of a plantation and perpetual servants. The whites divers
ways gathered up in England, few from Ireland or Scotland, transported
at the rate of about 6l. per head, are entertained by those to
whom they are consigned or are exchanged for commodities at
different rates according to their condition or trade ; after certain
years these are free to plant for themselves or take wages for their
service, and have to the value of 10l. to begin planting for themselves.
Ways of obtaining these servants from felons condemned to death,
sturdy beggars, gipsies, and other incorrigible rogues, poor and idle
debauched persons. Recommend as a remedy to the evils complained
of in the petition above referred to, that an Act of Parliament should
pass with such powers and provisions as may be proper to the thing
intended and necessary to the Plantations. And that the secretaries
of the respective colonies transmit the names of said servants every
six months, and the places and persons to whom they are dispersed.
9 pp. [Col. Entry Bk., No. XCII., pp. 275-283.]
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1664.
Aug. 25.
Barbadoes.
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792. Gov. Lord Willoughby to Sec. Lord Arlington. Has received
his letter of March 1, 1664, in answer to the Governor's of 30th
November 1663, stating that the King would have Walrond's
house and land reserved for the Governor as his Majesty's house, if
they became legally forfeited. The land was first seized with the
stock upon it for the King as alien land, but this was avoided by a
dormant conveyance which Walrond had fraudulently made to one
of his sons. His Majesty has been entitled to it by jury of inquest
of office, but it is not convenient to put it upon any further trial
with the son, as the juries always give their verdict for the planter
against the King, without regard to right or wrong. The friends of
Walrond are offering to compound for him, which it might be well
to listen to, as it will be very difficult to recover anything in a legal
way in Barbadoes. It is a new thing to the people to have the
King's authority among them, for in the Earl of Carlisle's time it
was Governor and people that did all, but little of my Lord of Carlisle's
name, being very rarely and seldom used amongst them. The
Leeward Islands are very small and poor, and can raise but little
for the King's revenue, particularly as they are too hard pinched by
the Acts of Trade and Navigation ; their ports are almost empty,
whereas the French, who allow free trade, have theirs crowded with
shipping, which used to be quite otherwise before the passing of these
Acts. The French islands were formerly settled by private persons,
but now their King has taken the property of them into himself,
and has sent out 1,500 men in six ships, three of which are men-of-war,
and have been left to protect French interests in the West
Indies. Requests the secretary to put the King in mind of his
promise to send a man-of-war to support him, which is now more
necessary both on account of the French proceedings, and because
he has settled 1,000 men in Sta. Lucia, which borders close on the
French, and intends taking some more there soon. Indorsed, "Rec.
29 Oct. Extract to be made of this for the Council, or offered to
the Committee of Plantations." 4 pp. [Col. Papers, Vol. XVIII.,
No. 97.]
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Aug. 25?
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793. List of arms and ammunition desired by Lord Willoughby
for his Majesty's service in Barbadoes and the Caribbee Islands.
20 pieces of cannon for the forts, six light brass Drakes, six brass
bosses, 60 barrels of powder, 3,000 muskets, a good proportion of
bullets and flints for muskets and pistols, drums and colours, with
all things belonging to the King's regiment. Indorsed, "Rec. 29
Oct. 1664." 1 p. [Col. Papers, Vol. XVIII., No. 98.]
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Aug. 27.
The Governor's
Bowry.
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794. Articles consented to by the persons hereunder subscribed,
at the Governor's Bowry, August 27th, 1664. 1. The States General
or West India Company shall freely enjoy all farms and houses
(except those in the forts), and within six months have liberty to
transport all their arms and ammunition or else be paid for them.
2. All public houses shall continue for the uses which now they are
for. 3. All people shall continue free denizens, and enjoy their
lands, houses, goods, &c. 4. If any inhabitant have a mind to remove,
he shall have a year and six weeks to do so and to dispose of his
lands. 5. If any officer of state have a mind to go for England he
shall be transported freight free in his Majesty's frigates. 6. Dutch
people and vessels may freely come and return. 7. All Dutch ships
and goods shall be received after the manner they formerly were
for six months next ensuing. 8. The Dutch here shall enjoy
liberty of conscience. 9. No Dutchman or ship shall be pressed to
serve in any war. 10. The townsmen of the Manhatans shall not
have any soldiers quartered upon them without being paid by their
officers. 11. The Dutch shall enjoy their own customs concerning
inheritances. 12. All public records shall be carefully kept by those
in whose hands they now are ; such as particularly concern the States
General may be sent to them. 13. No judgment that has passed
shall be called in question. 14. If any Dutch here shall desire to
travel or traffic he shall have a certificate that he is a free denizen
of this place, and have liberty to do so. 15. If there is a public engagement
of debt by the town of the Manhatoes, and a way agreed
on for satisfying it, the same way shall go on. 16. All inferior
officers and magistrates shall continue till the customary time of new
election, and then new ones be chosen, who shall take the oath of
allegiance to his Majesty of England. 17. All differences of contracts
made before this day shall be determined according to the manner of
the Dutch. 18. If it appear that the West India Company of
Amsterdam owe any money to persons here, the duties payable by
ships going for the Netherlands shall be continued six months longer.
19. The officers and soldiers shall march out with their arms, drums
beating, colours flying, and lighted matches ; if any will plant they
shall have 50 acres, &c. 20. If at any time the King of Great
Britain and the States agree that this place be redelivered to the
States, it shall immediately be done. 21. The town of Manhatans
shall choose deputies, who shall have free voices in all public affairs.
22. Those who have any propriety in the fort of Aurania shall (if
they please) slight the fortifications there, and enjoy all their houses.
23. If any soldiers will go into Holland, they shall have safe passports
from Col. Nicolls, Deputy Governor under his Royal Highness
to defend the ships that transport them from any acts of hostility
from his Majesty's subjects. Copies of the King's grant to his Royal
Highness, and his Royal Highness' commission to Col. Richard
Nicolls, shall be delivered to Mr. Stuyvesant on Monday next by
8 o'clock in the morning, and these articles signed by Col. Richard
Nicolls, and within two hours after the fort and town called New
Amsterdam, on the Isle of Manhatans, shall be delivered into the
hands of Col. Nicolls. Signed, John de Decker, Nicholas Verlett, Sam.
Megapolensis, Cornelius Steenwick, Oloffe Stevensen Van Cortlandt,
and James Cousseau, also by Robert Carr, George Cartwright, John
Winthrop, Samuel Willys, Thomas Clarke, and John Pincheon. "I
do consent to these articles, Richard Nicolls." Printed in New York
Documents, II., 250-253. 2 pp. [Col. Papers, Vol. XVIII., No. 99.]
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Aug. 27.
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795. Another copy of the preceding articles, headed "A true
copy," concluded 27th day of September (clearly a mistake for
August), ratified and by their subscription confirmed 29th day of said
month and year, August 1664. Indorsed, "Ordered in Council, 7 Oct.
1667." 5 pp. [Col. Papers, Vol. XVIII., No. 100.]
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