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May 3-26.
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987. The transactions of his Majesty's Commissioners, Col. Richard
Nicolls, Sir Robert Carre, George Cartwright, and Samuel Mavericke,
with the General Court of the Masachusetts at Boston. Consisting
of correspondence between the Commissioners and the General Court,
chiefly explanatory of the King's instructions and their action upon
them. 57 pp. [Col. Papers, Vol. XIX., No. 56.]
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May 13.
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988. Sir William Berkeley's letters of revocation. The King
commands the Governor's repair to his Royal presence to give an
account of the state of the colony of Virginia, and to consult upon
the welfare thereof. To constitute in his absence a discreet, able, and
sufficient Deputy to supply the place of Governor. p. [Dom. Entry
Bk., Vol. XXII., p. 134.]
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May 15.
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989. Petition of Thomas Newton, gent., in his own and fellow
subjects' behalf to the King and Council. Petitioners and others of
his Majesty's well-disposed subjects have been most illegally oppressed
by the violences and usurpations of Governor Lord Willoughby ; but
all that they would suffer with patience if they did not see greater
injuries offered to his Majesty to the concern of many thousands of
pounds ; which they are ready to make good by Lord Willoughby's
own orders and on the oaths of many credible persons. Pray for
liberty to vindicate themselves and the injuries done to his Majesty,
which by the articles annexed may more fully appear. With reference
to the Lord High Treasurer and Lord Ashley, Chancellor of the
Exchequer, to take said articles into consideration, and return an
account to his Majesty. Annexed,
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989. I. Articles exhibited by Thomas Newton against Governor
Willoughby, touching several misdemeanours by him committed
in Barbadoes since August 1663. 1. That on his
arrival the Governor procured the Assembly of Barbadoes to
settle on himself a duty formerly paid to the King on liquors
imported, worth 3,000l. per annum, which heretofore usually defrayed
the whole charge of Government, and one moiety whereof
(it is conceived) his Majesty ought to have had. 2. Before settling
said duty on the Governor, the Assembly and country seemed
unanimous to grant 5 per cent. instead of the 4 per cent. now
paid to his Majesty upon commodities exported, so that besides
the loss to his Majesty, Lord Willoughby has contrived "a dark
account," and to bring the King in a debtor, when in truth there
is 6,000l. due to his Majesty. 3. Lord Willoughby charges his
Majesty with the expense of his own voyage to the Leeward
Isles, and with collecting the duty in Barbadoes contrary to his
covenants ; also for provisions for one Mr. Dearing and the loss
of a sloop, pretended to be employed in settling St. Lucia, when
in truth it was sent long before out of private animosity in
pursuit of Col. Walrond. 4. That the Governor has received
quantities of sugar for arrears of prize goods, and profits upon
plantations seized in his Majesty's name, but has brought nothing
to account. 5. That commodities are exported and imported
contrary to the Act of Navigation by persons most intimate
with Lord Willoughby. 6. That the Governor has no power to
act in things judicial without his Council ; yet by his own single
power he has denied his Majesty's subjects the benefit of law,
and in particular Fras. Cradock who acted by the King's commission.
7. Justice is discouraged, and Henry Harvy and other
justices of the peace have been put out of commission for
endeavouring to relieve an injured person, as by law enjoined.
8. The Governor has countenanced Jews who have become very
numerous, and engrossed the greatest part of the trade of the
island, to the great discouragement of English merchants, their
dealings being principally with those of their own tribe in
Holland ; and being a people only minding trade and to be useful
to each other they will not be helpful in case of invasion or insurrection,
which is too much to be doubted, so many English
having been sent off that the few remaining cannot but stand in
fear of the blacks who are six for one in number. 9. That he has
disquieted the minds of many under pretence of their possessing
10,000 acres said to be in arrears to the Earl of Carlisle, who
not performing on his own part ought not to expect from the
planters, yet Lord Willoughby has exacted 2,400l. from one
estate of 300 acres, which the people are not able to pay. 10.
That the Governor has disobeyed his Majesty's commands, and
encouraged others to do the like, for his Majesty's commissions
and letters have several times in open Court been derided, "and
been said fit to wipe one's breech," but the offenders not questioned
but rewarded with office. 11. That he has by force
turned some out of their possessions and taken away the goods
of others without legal proceedings or accusation. 12. That
several gentlemen and merchants have been imprisoned together
against all colour of law, 12 of them for 10 days, who were not
released until they owned themselves in fault, in particular
John Sparkes. 13. That several gentlemen imprisoned wrote
that they might come to trial, but although the grand jury
presented them, the Governor would not permit, and they were
forced to give security for good behaviour. None dare appear
against Lord Willoughby, so the only hope of relief is in his
Majesty. Together 6 pp. [Dom. Entry Bk., Chas. II., Vol. XVIII.,
pp. 154-160.]
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May 15.
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990. Petition of Francis Cradocke, Provost-Marshal General of
Barbadoes [to the King], to be Receiver of his Majesty's moiety of
customs, &c. at Barbadoes. Referred to the Lord High Treasurer
and Lord Ashley whether that service be not already provided for
otherwise, and upon the whole to report their opinion. p. [Dom.
Entry Bk., Chas. II., Vol. XVIII., p. 160.]
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May 16.
Whitehall.
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991. Sec. Lord Arlington to Lord Willoughby, Governor of
Barbadoes. Hopes to send him particulars of the late general
engagement between his Majesty's fleet and the Dutch, with its
happy issue. His Lordship will not be surprised to hear that befal
you which commonly befals men in eminent command, to have their
actions censured and complained of. He will understand at large
from Mr. Willoughby what petitions have been exhibited against
him and by whom, but as yet no progress has been made in them.
Returns the Acts which had been sent home for his Majesty's approbation,
which they have accordingly received at the Council Board
without any considerable alteration, save concerning the exempting
from duty the 10,000 acres, &c. With regard to the French pretensions
on Sta. Lucia, Lord Willoughby is directed to make his party
there as good as he can, as the season of defending his Majesty's
right to that island may come ere long. At present no vessel can
be spared for the defence of the West Indies, but if the blessing of
God be upon his arms, his Majesty will no doubt make the security
of those Plantations his first care. His Lordship will be abundantly
justified in taking any advantage to endamage and prejudice the
Dutch in any of their colonies or trade, and is particularly recommended
to secure the islands under his government against De
Ruyter, who is said to have certainly gone thither. As for the
firearms he has desired, it has always been accustomed that settled
plantations should purchase arms for themselves, as in the case of
Jamaica. Draft, with corrections, in Sir Jos. Williamson's hand.
2 pp. [Col. Papers, Vol. XIX., No. 57.]
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May 20.
Barbadoes.
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992. Governor Lord Willoughby to the King. Hopes his Majesty
has been informed that his absence from Barbadoes was not owing
to negligence, but to his having been dangerously wounded in Surinam.
Has lately received his Majesty's commands of 17th Jan.
1665 concerning the protection of shipping and raising of forts,
which he will see executed, but must inform his Majesty that there
is nothing of effects in his hands to do anything, as part of the
revenue arising from the 4 per cent. has been employed in settling
Sta. Lucia and the remainder paid to the Earl of Carlisle's creditors,
who accuse him of having converted the revenue to his own use.
Prays therefore that his accounts sent home may be audited, and
that he may not any longer lie under so severe a check and scandal,
but stand clear in his Majesty's opinion ; for there is no one in Barbadoes
to receive upon account of the Earl of Carlisle's creditors,
and not having particular order from his Majesty, knows not how
better to employ the goods, which are of perishing nature, than for
his Majesty's service. His Majesty's regulations with regard to the
Spanish trade and the Royal African Company's traffic in negroes
of none effect, because the Spaniards have ceased to come to the
island, and the Company has engrossed the whole trade with the
Spaniards for negroes, so that his Majesty has no revenue within
those parts. Should be glad to receive further instructions to enable
him to execute these commands, and hopes his Majesty will make
an allowance for at least one hundred soldiers to be employed in the
forts for the defence of forts and guns, for all labour is double the
rate of labour in England. His Majesty's regiment has been under
a great discouragement owing to not having received colours and
drums, which he requests may be sent out, as well as three thousand
muskets, two or three hundred barrels of cannon powder, and about
50 of musket powder ; none of which can be got in the island. De
Ruyter cannot brag of what he did at Barbadoes, for he was unable
to carry away any ship and received great damage ; but at the Leeward
Islands he had better success, and carried away sixteen ships
from Montserrat and Nevis. The Governors of those islands have
called upon Governor Willoughby for powder ; and unless his
Majesty will send some, his interests in those parts must suffer
serious damage. Indorsed, Rec. 4 Sep. 1665. 6 pp. [Col. Papers,
Vol. XIX., No. 58.]
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May 20.
Barbadoes.
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993. Duplicate of the preceding. [Col. Papers, Vol. XIX.,
No. 59.]
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May 20.
Barbadoes.
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994. Gov. Lord Willoughby to Sec. Bennet [Lord Arlington]. Was
delayed several months longer than he intended in Surinam by reason
of a dangerous wound received from one of the inhabitants, who intended
to murder him. Unless his Majesty can spare a ship of war he
cannot well remove from one island to another ; for he is forced to hire
shipping, which is very chargeable in the West Indies, and not to be
had at all times, so that his Majesty's affairs there are likely to suffer.
Has received several duplicate letters, and the King's orders, which
shall be obeyed. As to the raising of forts, does not know how to
carry them on owing to the want of money, for his Majesty has
assigned the imposition on negroes to the Royal African Company, and
the Customs to the Earls of Marlborough and Kinnoul and the creditors
of the Earl of Carlisle, and has received very severe checks for
disposing of any of that revenue to the King's service in settling
Sta. Lucia, and is petitioned against by the Earl of Carlisle's creditors
about it. Has received the great guns and is mounting them, but
the principal verb is wanting, there being no powder sent along
with them, so they are rather weakened than any ways strengthened ;
for if another De Ruyter come (as he is advised), the little stock of
powder will soon be blown away. Requests that his Majesty may
be moved to send out three or four hundred barrels of powder, and
three thousand snaphance muskets of a bastard bore, because the
climate is hot and men are not so able to carry heavy muskets as in
other parts. The Leeward Islands are very unprotected, and it will
be hard to defend the shipping if timely supplies be not received.
Three and thirty barrels of powder were spent in the dispute with
De Ruyter wherein he was foiled in his attempt on the English
shipping, and received himself very great damage, according to the
report of some English prisoners landed on the Leeward Islands.
He was more successful at the other islands, and carried off sixteen
ships, there being no considerable forts, guns, or ammunition to
defend them. If his Majesty would preserve the trade there, which
is considerable, he must send out supplies and money to raise forts
and pay men. There is absolute necessity that some of the King's
ships of war cruise off the islands for the safety and encouragement
of shipping. His Majesty is also requested to send colours and
drums for the regiment he has permitted to be called his own. 4 pp.
[Col. Papers, Vol. XIX., No. 60.]
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May 20.
Barbadoes.
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995. Duplicate of the preceding. [Col. Papers, Vol. XIX.,
No. 61.]
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May 23.
Boston.
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996. Declaration of the General Court of the Massachusetts
Protesting against the legality of the warrant of the King's Commissioners
giving protection to John Porter, junr., a high offender
against God, the King's authority and laws, and the peace of his
good subjects here, who breaking prison, made his escape out of the
hands of justice here. With mem. that it was published 24th May
by Oliver Purchas, one of the Deputies of the Court, with sound of
trumpet in the market place in Boston, at the Dock head, and at
the cross way by Capt. Breedon's. Annexed,
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996. I. Reply of the Commissioners to the General Court of the
Massachusetts. Since they will needs misconstrue everything,
and make use of that authority which the King hath
given them to oppose that sovereignty which he hath over
them, the Commissioners will not lose more of their labours
upon them, but refer it to his Majesty's wisdom. For the
better satisfaction of all concerned they desire their commission,
the King's letters, and all the papers they have given
in to the Court may be printed and published. 24th May
1665. Printed in New York Documents. III., 95, 96.
Together 3 pp. [Col. Papers, Vol. XIX., No. 62.]
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May 23.
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997. Two copies of the preceding. [Col. Papers, Vol. XIX.,
Nos. 63, 64.]
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May 25.
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998. Warrant to the Clerk of the Signet. Whereas for the advancement
of Jamaica his Majesty has thought fit that commodities
of that island brought into this kingdom be not burdened with
impost or custom for five years from the 18th Feb. 1663, and has
directed Gov. Sir Thos. Modyford to publish the same, it is his
Majesty's pleasure that he prepare a bill to pass the Privy Seal containing
a warrant to the Treasurer, &c. of the Exchequer to allow
upon the accounts of the Farmers of the Customs all such sums as
shall be abated by them during the said five years upon the importation
of commodities of Jamaica allowed upon certificates of
the Governor thereof. 1 p. [Dom. Entry Bk., Chas. II., Vol.
XXII., p. 146.]
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May 26.
Boston.
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999. George Cartwright to Samuel Gorton the elder at Warwick.
These gentlemen of Boston would make the Commissioners believe
that they verily think that the King hath given them so much
power in their charter to do unjustly, that he hath reserved none to
himself to call them to an account for doing so. They refuse to let
the Commissioners hear complaints against them, so that at present
nothing can be done in their behalf. Hopes shortly to go for
England, where he will truly represent their sufferings and loyalty.
His kind love to Wicks, Holden, and Green, whose solicitor he is
resolved to be. 1 p. [Col. Papers, Vol. XIX., No. 65.]
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May 27.
Boston.
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1000. Sir Robert Carr, George Cartwright, and Samuel Mavericke
to Sec. Lord Arlington. Have already given their reasons for
choosing rather to visit the other colonies first ; will now give a brief
account of their success. From Plymouth they went to Rhode Island
and so to Connecticut ; in all they were welcomed with great expressions
of loyalty and joy, that Commissioners were sent to them to
regulate what was amiss and assure them of the King's favour and
protection. Heard of few complaints in Plymouth, it is certainly
by much the poorest colony. In Rhode Island they had more complaints,
yet they readily submitted, even the Governor himself, to
be tried by them. "Some we put to arbitration, some we referred
to the General Court, to the general satisfaction of them all."
Morton's case at New London. "In all these colonies they freely
consented that all administration of justice shall be in the King's
name ; that all householders shall take the oath of allegiance ; that
church membership shall not be considered in making freemen ; that
all persons of civil lives shall have liberty of conscience, so that they
deny not their share of maintenance to the public minister fairly
chosen by plurality of voices ; that all laws and expressions in laws
derogatory to the King (if any such have been made) shall be repealed
and altered. From Connecticut they came through the
Nanhyganset [Narragansett] country ; met with one of the Sachems,
who surrendered that country 20 years ago, and gave them that
very deed. They received him and his into the King's protection,
and named the country the King's Province, according to the King's
command, though it be the only ground upon the main land belonging
to the colony of Rhode Island. Have made those who were
magistrates in the colony, justices of the peace in the King's Province.
Coats presented to the Sachems, who send the King presents
as tokens of their surrender, which they hope Col. Cartwright will
deliver before long. Have met everywhere with complaints against
the Massachusetts. Col. Nicolls came to their assistance at Boston
the day before the General Court met, but their success there has
not been answerable to what they had in the other colonies.
Printed in New York Documents, III., 96, 97. 2 pp. [Col.
Papers, Vol. XIX., No. 66.]
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May 30.
Boston.
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1001. R. Bellingham, in the name and by order of the General
Court, to Sec. Morrice. In reply to the King's letter of 11th June
1664 [see ante, No. 751], commanding them to make restitution of the
Province of Maine (now called Yorkshire), or otherwise without
delay, to show reason for the contrary. The difficulties and pressures
they met with, in the first beginning of their wilderness work and
their members being small, there was then no need to seek out and
settle the bounds of their patent, only they knew their grant was
clear and extended three miles northward of the most northerly part
or branch of Merrimack river. Commissions were given to credible
persons and skilful artists by the General Court in 1652 and subsequently
to discover exactly the northernmost part or branch of
Merrimack river, who have set a bound mark and made their return
upon oath, whereby their north line is clearly settled according to
the patent. Their charter is dated 10 or 11 years before that of
Sir Ferd. Gorges, which they conceive sufficient to confirm their
right and possession of the place. Their grateful acknowledgments
to the King for granting them this opportunity to plead their right.
Annexed,
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1001. I. Return of the Commissioners, Capts. Simon Willard and
Ed. Johnson, to the order of the General Court in the year
1652, laying out the northern line of the Massachusetts
patent. 17th May 1665.
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1001. II. Similar return of Jonas Clarke and Sam. Andrewes, of
the northerly bounds of the patent upon the sea coasts.
19th Oct. 1654.
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1001. III. Similar return of Serj. John Sherman of Water Town
and Jonathan Juce, Student of Harvard College. 19th
Oct. 1652.
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1001. IV. Similar return of Peter Weare concerning the extent of
the river Merrimack. 17th May 1665.
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1001. V. Similar return of Richard Walderne of what he knows
about the name of Merrimack river. 17th May 1665.
Certified copies by Edward Rawson which are again certified by
Simon Robins and Rich. Walker. Indorsed, "Amongst the papers
of Mr. Gorges and Mr. Hartlib." 7 pp. [Col. Papers, Vol. XIX.,
No. 67.]
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May 31.
Boston.
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1002. Ri. Bellingham, Governor, in the name and by the order of
the General Court of the Massachusetts, to Sec. Sir William Morrice.
In reply to his letter of 25th Feb. [see ante, No. 945]. They cannot
acquit themselves of whatever transgression there was in their
petition by laying it upon the contrivance of some few, it being the
act of the General Court upon such considerations as their weakness
then enabled them unto. "If anything in it were unwarily or
unsuitably worded, the rudeness of a people inhabiting in a remote
wilderness and their unskilfulness in actions of so high a nature as
addressing their Prince craveth pardon for the same, and if it be
judged an unseasonable and overforward act ... we entreat
it may be imputed to a passionate solicitude for our liberties ...
and we wish we had not so much cause to say that as before our
sending that petition we received by sundry speeches and carriages
of those gentlemen commissionated what we might expect from
them, so their actings since have sufficiently showed that our fears
were not causeless." They might instance acts where the Commissioners
have sequestered the lands of his Majesty's subjects and
secured their estates ; they have protected one notorious malefactor
that escaped out of prison and fled from justice, and now have
summoned our Governor and Company whilst sitting in General
Court to answer before them to the complaints of particular persons
within their own jurisdiction, which tends not only to lay prostrate
at once the whole authority of this Government and the administrations
thereof, but also abridges them of the native privileges of
Englishmen. Complaints against Samuel Mavericke, for calling
them traitors again and again, and threats destructive to them.
"Sir, it is the cry of the poor drawn from us by our fears and
anxieties what we have before and still do present to our Lord the
King, which we beg may not be imputed to us as a crime ...
God knows it is the affliction of our souls to be thus constrained to
dissent from gentlemen come among us in such a capacity as they
are in, but when as self preservation doth enforce us, we shall be we
hope both pitied and pardoned for the same." To all these [charges
of the Commissioners] they reply in brief ; to the first in reference to
the case of Thos. Deane, to the second as to their oppressing their
neighbour colonies by their power and undue extending their bounds
and jurisdiction further than they ought, their letter to his Majesty's
Commissioners with which was inclosed a map of the lands they
conceive to be granted them by the charter. Thank his Majesty for
again assuring them of their full and peacable enjoyment of all their
privileges and liberties granted to them by charter, which is all they
desire, and crave pardon for what displeasure soever their unhandsome
expressions may have occasioned. 2 pp. [Col. Papers, Vol.
XIX., No. 68.]
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May 31.
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1003. Warrant to allow on account of the Farmers and Officers
of Customs all moneys which have been or shall be abated by them or
remitted, for five years from Feb. 18, 1664, on importation of commodities
of the growth and production of Jamaica. [Dom., Chas. II.,
Docquet, Cal., p. 397.]
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