|
| (May 1.) |
545. "Considerations in order to his Majesty establishing his
interests in New England." Robert Mason's proposals concerning
the Commissioners to be sent to New Hampshire. Deprecates delay,
considering the concurrence of the Proprietors of the best provinces
and the inclinations of the people; success will be of manifold ad
vantage to the King and the charge will be altogether inconsiderable.
The King's counsels leading him to bring all the provinces in New
England into a nearer inspection and management, and the first
step being to vindicate the grants made to the ancestors of
Robert Mason and Ferdinando Gorges, in order to the taking of
their properties to himself, it seems advisable that the King should
interpose by way of mediation. And as the Massachusetts, by
their letter to Secretary Morrice of 30 May 1665 desired to be
heard before they were judged, the King may send them a letter
by Commissioners (according to their representation by the late
Council of Plantations, 12 Aug. 1671) to reconcile all differences,
whereby the King may interpose without any dissatisfaction of the
Massachusetts, who may be fairly admonished of their duty and be
at liberty either to acquiesce in the arbitration of the Commissioners or be heard by agents before the King. Thus the King
may be perfectly informed of all interests, and may raise such
observations as to lead him to further counsels and settlements.
The Commissioners may have instructions open and answerable
to the letter written to the Massachusetts and others reserved, by
which they may govern themselves according to the temper of
affairs. That the Commissioners be about five in number, of a
prudent and sober conversation and of several professions, to have
limited instructions to some purposes and powers less limited to
others. That they proceed first to Portsmouth, where there are
said to be many well-inclined to admitting the King's interests as
far as they can, being lately oppressed by the Massachusetts,
publish the King's declaration, summon the inhabitants of Hampshire
and Maine to hear their Commission read, send a messenger to
Boston to signify their arrival and carry the King's letter, and
choose some convenient town as a place of treaty with the
Massachusetts Deputies. That they use means to make an acquaintance with the chief and best-inclined persons in the two
provinces, to let them understand that the King has taken counsel
for employing his care for their further prosperity, and giving a
good title of inheritance to all in possession that desire confirmation
under the King's authority, paying only the twentieth penny of
the yearly value for yearly rent. That, as soon as they find a fit
temper in the people, they treat about the improvement of trade,
the supplying the King with masts, &c., and show the advantages
which will arise by a better correspondence with England and by
their cheerful submission to those ordinary duties which are set
upon trade in all other the King's dominions, the inconsistency of
the King's permitting any people, especially his own, to be exempt
from those rules of government and commerce which support trade
and the interest of State; seeing that he provides for the safety of
New England as belonging to the Crown, he may justly expect
some benefit from their trade, it belonging to the King's care to
provide for the general balance of trade. As soon as good impressions are made on the inhabitants, the Commissioners should
declare the King's intention to give all possible encouragement to
trade in New England, but if any town does not readily submit to
the necessary regulations and duties, it will not be permitted
to trade with any other of the King's plantations and dominions
but on payment of double duties. That the Commissioners be empowered to leave one or more of their number in such places as
they shall find requisite, and join other persons in commission who
may signally show their forward affections to the King's service,
so that the provinces may be sooner settled. Draft of the
King's declaration to be published in New England, informing the
people that he has appointed Commissioners to examine and accommodate differences and return after 12 months, and that if the
differences are not settled then, the disagreeing parties are to choose
agents to appear before the King for his final determination.
Draft of the King's letter to the Massachusetts to the same
effect. Endorsed, "Read by the Lords of the Committee, 1 May
1675." 4 pp. Two copies. [Col. Papers, Vol. 34, Nos. 68, 69.]
Annexed, |
|
545. i. Richard Bellingham, Governor of the Massachusetts, to
Sec. Sir Wm. Morrice, 30 May 1665. Calendared in a
previous volume (1661–68), p. 301, No. 1001, with Returns of the Massachusetts Commissioners respecting the
northern bounds. Endorsed, "Read before the Lords of
the Comtee, 1 May 1675." [Col. Papers, Vol. 34, No. 70.] |
|
545. ii. The King to the Governor of the Massachusetts, 10 April
1666. Calendared in a previous volume (1661–68), p. 372,
No. 1171. [Col. Entry Bk., Vol. LX., pp. 21–22.] |
| May 1. |
546. Copies of the above "Considerations" and the papers
annexed. Annexed, |
|
546. i. "Result of the Committee." Their Lordships having
considered the aforesaid papers, order that Mr. Attorney
and Mr. Solicitor General do examine the titles of Mason
and Gorges, that his Majesty be moved to send 5 men
of great sobriety and discretion as Commissioners to New
England, to end all differences, or to tell those on the other
side to send back Commissioners; that the Lord Treasurer
be desired to send to the Commissioners of Customs for
their opinion about the Acts of Trade and Navigation in
New England. Conceive the charge may amount to
8,000l., but the advantages of a settlement make it
inconsiderable. |
|
546. ii. The Committee of Trade and Plantations to the Lord
Treasurer. Desire to understand the opinion of the Commissioners of Customs how far the Acts of Trade and
Navigation take notice of New England, what violations
thereof they have observed there, and of what ill
consequence, and what rules they think most proper for
the remedy. |
|
546. iii. Order of the Committee. Directing the Attorney and
Solicitor General to examine the titles of Mason and
Gorges. [Col. Entry Bk., Vol. LX., pp. 9–25.] |
| May 1 |
547. Copies of the above "Result of the Committee" and "Letter
to the Lord Treasurer." [Col. Entry Bks., Vol. CIV., pp. 22, 23,
and Vol. XCVII., p. 11.] |
May 3–8.
St. Jago de la Vega. |
548. Minutes of the Council of Jamaica. The Act for
Naturalization returned from the Assembly, with amendments.
The Acts for preventing nuisances, regulating Marshall's proceedings in executions, rating meat, preventing trusting seamen,
preventing fraud in rum, against tippling, cursing, and swearing,
for preventing stealing of boats, for foreign attachments, empowering the Secretary to take sufficient security, and against
excessive usury, read and passed; also for Surveyors, with amendment. The Act for raising money read; and French pistols to pass
current at 20s., silver French crowns at 5s., and all other moneys
of that coin proportionably. |
| May 4. |
The following Acts read and passed, viz.: for freight of boats,
prohibiting commodities, celebration of the 10th May, empowering
the Churchwardens of St. Katherine's to prevent the retailing of
strong liquors, for encouragement of Mr. Lassel, for preventing
damage by fire, preserving Savannas, regulating hunting, for
Mr. Tothill's estate, against suing foreign debts in 5 years, and for
Recovery of Subsriptions. |
| May 5. |
The Act for the enrolment of Deeds, with amendment, considered,
and further amendment proposed. The Act of Revenue returned
with divers amendments from the Assembly, at whose request 3
of the Council were appointed to confer thereon with a Committee
of the Assembly. |
| May 6. |
Sir Thos. Modyford and Sir Thos. Lynch's accounts returned
by the Assembly with divers observations. The Act for encouraging
the building of a town at Old Harbour read and passed. Report
of the Committee of Council on the amendments agreed upon for
the Act of Revenue; 1,500l. to be given to his Excellency and paid
next after the contingent charges; the residences of St. Jago and
Port Royal for the Captain-General and Lieutenant-General to be
omitted; the salaries to be 2,000l. and 600l. per annum, paid proportionably; and the General's order to be Warrant to the
Treasurer. Thomas Freeman and Hender Molesworth appointed
to join a Committee of the Assembly in drawing up said Act. |
| May 7. |
The Act for Liberty of Conscience referred to further debate.
The Act confirming Orders of Council read; the present Chief
Judge, &c., to be inserted in the order about Mr. Cussans and
Capt. Rose, instead of John White; other clauses about Jews and
Capt. Richard Brayne, &c., to be omitted. The Act for collecting
Quit Rents read, with amendments. The Act for Enrolment of
Deeds passed, with amendments. |
| May 8. |
The Act for preservation of cattle read. Also for Negro Slaves,
Maintenance of the Ministry, Christian Servants, and Repairing
and Amending Highways, read and passed. [Col. Entry Bk.,
No. XXXV., 410–419.] |
May 5.
Whitehall. |
549. Order of the King in Council. The Committee for Foreign
Plantations having this day reported their opinion touching the
inconveniencies of a Colony and inhabiting of his Majesty's subjects
in New foundland, and his Majesty having thought fit to order the
Commander of his convoy bound this year to that place to
admonish the inhabitants either to return to England or betake
themselves to other of his Majesty's Plantations; ordered, that
Sec. Williamson prepare letters to the several Governors of said
Foreign Plantations to receive any of said inhabitants of Newfoundland with favour, and afford them all convenient help towards their
settlement. 1 p. [Col. Papers, Vol. 34, No. 71.] |
May 5.
Whitehall. |
550. Order in Council. Upon reading the Report of the Committee for Foreign Plantations of 15th April, as follows: they have
in obedience to his Majesty's Order of 12th February considered
Mr. Hinton's petition and papers touching the necessity of placing
a Governor at Newfoundland for the advantage of that fishery, and
have perused all the papers touching this affair and sent advertisement to all the Western Ports, and heard their agents and other
principal Merchants of the Exchange, some for the encouragement
of a Colony and Governor, but many more against both; and the
points that seemed very clear were as follow:—(1) The French have
of late years applied themselves with great industry and public
encouragement to the fishing trade on one of the sides of Newfoundland, so that the English serve none of the markets of France as
formerly, but on the contrary, the French are found in many other
foreign markets as early as the English; (2) the people of New
England take about 60,000 kintals of fish a year on their own
coasts, and by increasing that trade bring much detriment to that of
Newfoundland; (3) for some years the fish has failed in Newfoundland, and the Adventurers have lost many ships and hands in the
wars, especially with Spain, and the inhabitants and planters who,
contrary to their Charter, live within six miles of the sea, destroy
the woods and whatever the Adventurers yearly leave, possess the
best places before the Adventurers return, and mostly sell wine and
brandy, whereby the seamen are withdrawn from their labour and
seduced to stay, leaving their families a burden to their parishes at
home. From all which t'was easy to believe that the complaints of
a decay of trade were very just, but as for Mr. Hinton's proposal,
their Lordships could not find that a Governor would cure any
part, (1) because the planters, numbering 800 or 1,000,. live
scattered in 25 harbours, betwixt Renouse (?) and Bonavista, which
are almost 80 leagues asunder; (2) in all the winter, when the abuses
are many of them done, there is no passing from one place to another,
so that near 40 harbours would have no Government though a
Governor were in the country; (3) besides the charge of forts and
a Governor which the fish trade cannot support, any such defence
against foreigners is needless, the coast being defended in the
winter by ice, and must in summer be the resort of his Majesty's
subjects, for that place will always belong to him that is superior
at sea. So that unless their Lordships saw reasons for a Colony,
they could see none for a Governor; and against a Colony there
are not only the rigours of the climate and infertility of the land,
but the inhabitants chiefly consume the products of New England,
and would in time tread in the same steps, to the loss of England,
for a like regulation on the products of this place as on those of
other Plantations could not be expected, because fish cannot bear
the charge of coming home but must go directly to the markets
abroad. As concerning the French, find they manage the trade by
the Adventurers ships that yearly go out and return, for their fort
at Placentia in the south part of the island is only to defend them
from the Indians who come off from the main and molest them in
their beaver trade, for which trade only they inhabit there. Find
also that the Adventurers can catch fish cheaper than the Planters,
and that the English do in general still preserve a superiority in the
trade over the French. So that on the whole matter their Lordships
find the Rules formerly settled in Council, the 10th March 1670–71,
needed only some few additions to make the trade revive, which
are proposed as follow:—(1) That all inhabiting in that country be
discouraged, and that the Commander of his Majesty's convoy this
year, declare his Majesty's pleasure to all Planters that they come
voluntarily away, and that next year his Majesty's convoys will
begin to put in execution the ancient Charter forbidding any
Planters to inhabit within six miles of the shore from Cape Race to
Bonavista, and to seize and send home any offenders, and in this
single point their Lordships conceive consists the validity and good
effect of the whole regulation; (2) that the convoy assist in
transporting those desirous to return home, and to declare that if
they choose to betake themselves to other Plantations, the Governors
are now written to and commanded to receive them with all
favour; and such letters it is proposed may be speedily sent to said
Governors. Also that the convoy be ordered to enquire whether
any strangers, in this time of war, come there to fish under pretext
of being English; and in case of jealousy, to enquire into their
passes and sea briefs, and how they have been procured; also to
enquire into the state of the French trade, the number of their ships
and whether a more or less number this year than formerly; and of
all his observations and journals to send a duplicate to this Committee; (3) that his Majesty's Counsel be directed, as formerly, to
review the powers formerly given by his Majesty's Charter of
Confirmation, for trying treasons, felonies, murders there, and if
deficient, report what sort of judicature should be erected; (4) and
that when his Majesty has settled in what hands that power shall
be placed, the Mayors of the Western Ports be required to renew
their Charter, with the additional Rules and Powers, and that the
same be printed, and a proclamation issued to enforce the same.
Ordered, that all necessary orders forthwith issue for the better
effecting the several thing's advised in the above Report, that so by
a due course to be taken in Newfoundland and by a renewal and
enlargement of the Charter for better regulation of things at home
and the punishment of crimes committed, said trade may recover
and mariners be increased to the public benefit and welfare of this
Kingdom. [Col. Entry Bk., No. XCVI., 2–8.] |
| May 5. |
551. Mem. of preceding Order in Council, though headed
"Order upon report of the Committee concerning Surinam"
"that island" is corrected to "Newfoundland." Also Draft Mem.—That when Mr. Attorney returns his Report of the Judicature, there
must issue a new Order requiring the Mayors to surrender their
old Charter and take a new one, with the additional powers of
10th March 1670–71, concluding with a direction to the Attorney
General to prepare a Bill for the King's signature accordingly; and
order for printing the Charter, and for Proclamation of the matter.
1 p. [Col. Papers, Vol. 34, No. 72.] |
May 9.
Whitehall. |
552. Warrant to (the Attorney General). Whereas his Majesty
has received information from Sir Jonathan Atkins, Knt., Governor
of Barbadoes, and from the testimony on oath of William Hamlyn
of Antigua, mariner, that in 1673, Col. Philip Warner, Deputy
Governor of Antigua, having undertaken an expedition against the
Indians to windward of Dominica, with the assistance of Thomas
Warner, Deputy Governor of Dominica, after the enterprise was over
invited said Thomas Warner and the Indians with him to the number
of 60 or 70 men, women, and children to an entertainment of thanks
for their good service, and having made them drunk, the English,
upon signal from Col. Warner, fell upon Thomas Warner and his
company and killed all or the greater part of them, and it is
believed that this slaughter was committed by the sole direction of
said Col. Plilip Warner. To the end that so inhuman an attempt
should be duly examined, and the persons convicted brought to
condign punishment, it is his Majesty's pleasure that a Bill be
prepared to pass the Great Seal containing a Special Commission
of Oyer and Terminer, authorizing Sir Jonathan Atkins, Governor of
Barbadoes, and (blank) whereof said Governor to be always one, to
hear the matter aforesaid, pass such sentence and judgment as shall
be agreeable to law and justice, and cause the same to be put in execution. Beneath is a memorandum. This warrant passed no further
but instead thereof a letter was signed by his Majesty, to Sir
Jonathan Atkins (and entered in the Plantation Book) requiring him
to try the parties accused according to the powers of his Commission,
3 pp. [Dom. Entry Bk. Chas. II., Vol. 28, pp. 131d, 132d.] |
May 11.
Whitehall. |
553. Warrant to (the Attorney General). Whereas Thomas
Lewis has informed his Majesty that he lately sent one of his sons,
Thomas Lewis, on the frigate Foresight to Jamaica to settle there,
but some differences happening between him and another young
man it was the fortune (sic) of said Lewis to kill the other in a duel
at Barbadoes, for which he has been condemned but reprieved for
his Majesty's pleasure, and said Thomas Lewis having besought his
Majesty's mercy for the life of his son, it is his Majesty's pleasure
that he prepare a Bill to pass the Great Seal. containing a grant
of his Majesty's pardon to said Thomas Lewis for the death of
William Acton, gent., and all indictments and forfeitures by reason
thereof. [Dom. Entry Bk., Chas. II., Vol. 28, pp. 133, 133d.] |
May 11–15.
St. Jago de la Vega. |
554. Minutes of the Council of Jamaica. Three Acts, for collecting the Quit Rents, for enrolment of Deeds; and for preservation
of Cattle, read and passed. An Act for dividing the Parishes read
and sent to the Assembly, with an Amendment. An Act empowering
Justices of the Peace to decide all differences under 40s.
read, with an Amendment. An Act declaring the Laws of England
in force read, with an Amendment. The several Amendments in
the Act of the Militia sent from the Assembly consented to, except
the omission of the Proviso concerning his Excellency's Commission,
which the Council still adhere to, and an additional Clause to be
inserted. Petition to His Royal Highness, proposed by his Excellency instead of re-enacting the Law for free importation of
negroes, ordered to be signed by the Clerk and recorded, and sent
to the Assembly to be signed by the Speaker. His Excellency's
representations of the great affection His Royal Highness has for
this place have transported them with joy, and that they may be
better enabled to make some grateful returns, they beg His Royal
Highness to interpose with the Royal African Company to furnish
the Island annually with a plentiful supply of negroes at moderate
rates, whereby his Majesty's Customs will be considerably increased
and the Colony exceedingly strengthened. |
| May 12. |
Concurrence of the Assembly in the Petition to the Duke, with
the thanks of the whole House to his Excellency for proposing so
good an expedient. Accounts presented by Sam. Bernard, Esq.,
Treasurer, examined, and ordered to be filed with the Clerk of
the Council, as also the Account current which follows, total
1,854l. 9s. 3d., leaving a balance due from the Treasury of
269l. 10s. 9d. |
| May 13. |
Acts for dividing the Island into Parishes, declaring the Laws of
England in force, empowering Justices of the Peace to decide all
differences under 40s., establishing the Fees of the several Officers,
and collecting Quit Rents, read and passed. The Act for the
Militia returned from the Assembly; his Excellency and Council
consented to the omission of shopkeepers, but adhered to the last
Clause, his Excellency declaring his meaning was only to preserve
his commission from being encroached upon. |
| May 14. |
The Act of Revenue read and passed. His Excellency and
Council consented to the Act of Militia, which was read and passed.
Acts, for repealing an Act for the Suppression of Lawyers, for
quieting all persons' estates against dormant titles, and for confirming divers Orders of Council, read and passed. Acts, about
Surveyors, for raising the value of money, and for the better
maintenance of the Ministry, read and passed. |
| May 15. |
The Act of Revenue presented from the Assembly, with an
Amendment; his Excellency urged that the Committee had agreed
that the Governor's warrant should be the Treasurer's discharge,
and sent it back to be further considered. Reasons sent from the
Assembly for adhering to their vote, which his Excellency debated
with them, saying he had no other meaning than that the Treasurer
should be secure. After an hour's adjournment Wm. Beeston, Esq.,
acquainted his Excellency from the Assembly that the Act of
Revenue was passed, and prayed that all the Acts might now be
presented to his Excellency by their Speaker, and signed in their
presence according to the custom of this place; to which his Excellency answered that he should guide himself according to the
usage of Parliaments in England, and desired that the Speaker and
all the Assembly should attend him. The Acts presented to his
Excellency by the Speaker and Assembly as fully passed in their
house, praying he would sign them in their presence; to which he
answered that they must withdraw, for they could not be witnesses
to anything he did by virtue of his negative voice; on which the
Speaker said a vote had passed that unless his Excellency would
sign them in their presence he was to bring them all back, and by
no means to part with them, to which his Excellency replied the
vote was altogether unparliamentary, and that having passed the
Acts 3 times their consents were bound, and they were wholly
dispossessd of them, and could not consider them as any records
belonging to them; whereupon the Speaker desired to know what
means the subjects might use to procure an Act beneficial to themselves; to which his Excellency answered that it was in their power
to delay any other Act till their petition was granted. The
Speaker and Assembly having withdrawn, his Excellency signed
the ensuing Acts, being what the Speaker had presented, viz.: Acts
for better maintenance of the Ministry; for ascertaining the number
of Assembly men; for raising the public Revenue; for dividing the
Island into Parishes; for foreign Attachments; for regulating the
Marshal's proceedings in levying Executions; for settling the Militia;
for taking out Patents and speedily collecting his Majesty's Quit
Rents: requiring the enrolment of Deeds; for repairing Highways;
for compensation of Mr. Scarlett, &c.; to prevent the retailing of
Strong Liquors by unlicensed persons; for remedying Nuisances;
empowering the Secretary to take security; against tippling,
cursing, and swearing; for the good governing of Servants; for the
good government of Negroes; for regulating Fees; for confirming
Orders of Council; to prevent fraud in makers and sellers of Rum;
to prevent Damages by Fire; establishing the current price of
Money; repealing the Act suppressing multiplicities of Lawsuits;
for regulating Hunting; for establishing the Supreme Court of
Judicature at St. Jago de la Vega; for the recovery of Subscriptions, &c.; preventing abuses by Surveyors; for preserving
Savannas; against excessive usury; empowering Justices of the
Peace to decide differences under 40s.; for rating meat sold by
retail; prohibiting the transportation of several commodities out
of this Island; declaring it felony to steal a boat; for quieting all
Estates against dormant Titles; for naturalization; empowering
the Churchwardens of St. Katherine's; against suing for foreign
debts for 5 years; declaring the Laws of England in force; for
regulating the freight of boats; for the keeping holy the 10th of
May; for the preservation of cattle; to prevent seamen leaving
their ships; to encourage shipping to load at Old Harbour; for
the encouragement of Mr. Lassells; and for the sale of Mr. Tothill's
Estate. The Speaker and Assembly sent for by his Excellency,
who having declared that he had signed all the Acts presented by
the Speaker, prorogued them to December next. [Col. Entry Bk.,
No. XXXV., 419–434.] |
May 12.
Whitehall. |
555. Warrant confirming Nathaniel Bacon, one of his Majesty's
Council for Virginia, in consideration of his good services and
abilities in the office of Auditor of the public accounts of that
Colony, in the room of Edward Diggs, late Auditor, deceased.
1 p. [Col. Papers, Vol. 34, No. 73; also Col. Entry Bk., Vol. 110,
p. 66.] |
| May 12. |
556. Report of the Commissioners of the Customs to the Council
for Foreign Plantations on the execution of the Navigation Acts in
New England. New England is subject to the laws that relate to
the Plantation Trade, abstract of which is annexed. As regards the
violation of these laws, they are informed that before the law for
regulating the Plantation Trade made in the 25th year of the
King imposing certain duties on sugar, tobacco, cotton wool,
indigo, ginger, logwood, fustick, and cocoa-nuts, several of these
commodities were brought from the respective plantations to New
England, thence transported to Ireland and other foreign parts.
They hope that since the making of the said law and officers
appointed to carry it into execution, the inconveniences may be
prevented, and they are advised that since the King's letter to the
Government of Virginia they have taken bonds of some ships as
the law formerly directed. They are informed that several ships
have laden commodities of the growth and manufacture of Europe
in other parts of Europe than the King's dominions, and have
unladen the same in New England contrary to the said law. As
to the damage arising thereby to the King's profit, it is provided
by the said law that England should be a staple for the commodities of the plantations and of other countries for their supply
to be carried directly from England and from no other place; but if
contrary to the law through the connivance or negligence of the
officers in the other plantations, the enumerated commodities should
be laden for New England without payment of duties and without
a bond to bring them to England, foreign parts may be made a
magazine for these commodities; and if European goods should be
exported there from other places, the plantations will be thence
supplied with them to the prejudice of the trade of England. They
have nothing on which to ground a calculation of the particular
detriment thus arising. As for rules to remedy these inconveniences, they advise that all Governors be required to take the
oath for executing the law, and be strictly required to suffer no
ship to trade there, but those belonging to England or some
English plantation and navigated according to law, to seize any
vessel importing European commodities proscribed by law if not
actually laden in England, and to take bonds with securities of all
masters of vessels to bring and unlade in some port of England,
Wales, or Berwick, all the enumerated plantation commodities.
Signed: Geo. Downing, Wm. Garway, Fr. Millington, and John
Upton. Annexed, |
|
556. i. Abstract of laws relating to the plantation trade. 3 pp.
[Col. Papers, Vol. 34, Nos. 74, 75; also Col. Entry Bks.,
No. 60, p. 29, and No. 97, p. 12.] |
| May 12. |
557. Caveat that no grant pass of any fine of 500l. imposed
upon Giles Bland in Virginia for some quarrel with the Secretary
of the Council there. 4 lines. [Dom. Entry Bk., Chas. II., Vol. 45,
p. 10.] |
| May 13. |
558. Minutes of the Council of Barbadoes. Ordered, that the
Grand Sessions be holden on 8th June next, and that summons be
timely issued as accustomed, and sent to the Privy Council living
in the parish. ½ p. [Col. Entry Book, No. XI., 288.] |
| May 14. |
559. Report of Sir Wm. Jones and Sir Fras. Winnington,
Attorney and Solicitor General to the Committee for Foreign
Plantations. Have considered the matter referred to them 1st
instant [see ante, No. 546 I.]. Find that Sir Ferdinando Gorges in
the 15th year of Charles I. obtained a grant to him and his heirs
under the great seal, of a considerable part of New England in
America called Maine, to be holden of some rents as of the manor
of East Greenwich; are of opinion that Ferdinando Gorges, being
the grandson and heir of Sir Ferdinando Gorges, has a good title
to the province of Maine. Underwritten, Read at the Committee,
24th May 1675. 1 p. [Col. Papers, Vol. 34, No. 76; also Col.
Entry Bk., No. 60, p. 26.] |
May 14.
Aboard the America. |
560. Edward Cranfield and Ri. Dickenson to Sir Robt.
Southwell. Left Madeira 27th April, and meeting with ships
bound for Barbadoes, took the opportunity of sending duplicates
of their proceedings at Madeira and rendering account how propitious the winds have been. If they meet with a courteous
reception at Surinam, doubt not their dispatches may be effected
without much demurrage of time, and will take care to discharge
the ships with all expedition according to their instructions. ½ p.
[Col. Entry Bk., No. LXXVIII., 95.] |
May 17.
Shaftesbury Papers. |
561. Earl of Shaftesbury to his affectionate and faithful friend
Capt. John Wentworth, Governor of New Providence. Has
received his letters of 26th August and 13th October. Can give
no further directions concerning the Brazilletto than were in their
general letter. The Lords Proprietors are resolved not to be
wronged, they have a good right to the land and the wood that
grows upon it, and will not want means to make good their right.
Thought himself very truly his friend, and that his Lordship had
made the Proprietors, Adventurers, and his interest the same, and
had the design to bring Wentworth to a great and lasting condition
and quality had he proved himself as expected, but his Lordship
must tell him plainly that he has reason to apprehend Capt.
Darrell and Mr. Colleton have found ways to lead him more to
their interest than to that of the Proprietors or Adventurers, though
in the end Wentworth will find the difference in dealing with such
men rather than with the Proprietors, who not only walk by rules
of honour but have the power to right themselves. Do not think
such men as those are able to overthrow the design. As still
desirous to be his friend, tells him plainly if he desires to continue
Governor he must break off all correspondence with them or any
other interest against the Proprietors or Adventurers. Leaves
the Spanish trade to the Adventures management though his
Lordship thought he might have been very useful to them. Desires
to know whether he holds the place of Governor as chosen by the
people or the Proprietors, for if by the former the latter will
quickly try how safe the island will be under another. Reasons
for this question, offers his friendship if Wentworth will have it,
the terms are not difficult, to be just and faithful to those who
employ him. [Shaftesbury Papers, Section IX., Bundle 48.
No. 55, p. 149.] |
May 17.
Exeter House.
Shaftesbury Papers. |
562. Earl of Shaftesbury to his assured good friend [Laac]
Rush. Has received his of the 10th Aug., and is sorry there was any
mistake concerning him, for the Proprietors opinion of him is that
he is a discreet, honest, and plain dealing man. Is not satisfied
that the Adventurers' agent has not made better use of his assistance. Hopes his island will be much better supplied for the future,
for it is intended to be a mart and staple for the neighbouring
plantations. If he continue on the island be may expect better
advantages every way than he can have in any other place. Has
spoken to the Adventurers' agent to make use of his assistance in
future and will get him profitable employment. Commends his
honesty and integrity and assures him of his Lordship's friendship
upon all occasions. [Shaftesbury Papers, Section IX., Bundle 48.
No. 55, p. 150.] |
| May 17. |
563. Report of the Attorney and Solicitor General to the Committee of Plantations. Have examined the claims of Robert
Mason to the province of New Hampshire, and find that King
James, 3rd November 1620, granted to several persons under the
name of the Council of New England all the mainland in America
lying between 40° and 48° N. lat., and that John Mason, grandfather of Robert Mason, by several grants from this Council, dated
9 March 1620, 7 November 1629, and 22 April 1635, was instated in
fee in sundry great tracts of land in New England by the name of
New Hampshire. Are of opinion that Robert Mason, being the
heir of the said John Mason, hath a good and legal title to the
lands called New Hampshire. Underwritten, Read at Committee,
24 May 1675. 1 p. Two copies. [Col. Papers, Vol. 34, Nos. 77, 78;
also Col. Entry Bk., No. 60, pp. 27, 28.] |
May 17.
St. Jago de la Vega. |
564. Peter Beckford (Sec. of Jamaica) to Sec. Sir Joseph
Williamson. Since his last little of moment has happened. The
Assembly met 26th April and my Lord made them a pithy and
gracious speech. Will send copies of some of the Acts by the
next; all that were new were an Act for naturalizing all strangers
here, and an Act to repeal a former Act against the pleading of
lawyers in any of our Courts of Common Pleas. In the Act of
Revenue they have given my Lord 1,500l. to be paid out of the
Public Treasury next after the contingencies, and 2,000l. per annum
to his Excellency, and 600l. per annum (if the Treasury hold out) to
our Lieut.-Governor, his Lordship to be judge of the contingencies,
and all to be paid by Warrant from his Exchequer to the Treasurer.
Advice from Tortudas, that the French are making up a fleet, and
a great body of men to attack some considerable place of the
Spaniards; and from St. Jago on Cuba, that the Queen Regent of
Spain has sent orders to the Governor there, on notice of the
arrival of Sir Thos. Modyford and Sir Henry Morgan in Jamaica
immediately to advise her thereof. Two days since they had
advice of a ship of this island laden with logwood taken by the
Spaniards and carried into San Domingo. Sends copy of address
from the Assembly to his Royal Highness. The 14th inst. his
Excellency, having consented to the Acts, prorogued the Assembly
till the 13th Dec. next. 2 pp. [Col. Papers, Vol. 34, No. 79.] |
May 18.
Wallingford House. |
565. Earl of Danby, Lord Treasurer, to the Committee for
Foreign Plantations. Has transmitted to the Comissioners of
Customs the paper sent to him concerning the pretensions of
Mason and Gorges to the provinces of New Hampshire and Maine,
who have reported their opinion on the whole matter, which is
herewith sent. Encloses, |
|
565. i. The Report of Commissioners of Customs about New
England, calendared, see ante, No. 556. Endorsed, Read
before the Lords of the Committee 24 May 1675. Read
again 2 Dec. 1675. Together, 7 pp. [Col. Papers, Vol. 34,
Nos. 80, 80 I.; also Col. Entry Bks., Vol. LX., pp. 29–36,
and Vol. XCVII., pp. 12–21.] |
May 18.
Jamaica. |
566. Governor Lord Vaughan to Sec. Sir Joseph Williamson.
Wrote about a month since advising of his arrival and the receipt
of his letter by Peter Beckford, to whom he has been very kind
and will continue so to be. Sends this by their friend Sir Thos.
Lynch, for he shall now always call him so, being very well satisfied
with his prudent government and conduct of affairs; to whom he
refers for particulars of what has occurred since his landing, as
likewise of the unlucky shipwreck of Sir Hen. Morgan and loss of
his Majesty's stores occasioned by his particular ill conduct and
wilful breach of his positive and written orders, and his behaviour
and weakness since at the meeting of the Assembly; which, with
other follies, have so tired him that he is perfectly weary of
him, and frankly tells Williamson that he thinks it for his
Majesty's service he should be removed, and the charge of so useless
an officer saved. What he strove for in England was not so much
for Sir Henry as against the dividing of the Commissions, which he
considered would cause disputes. What he has further discoursed to
Sir Thos. Lynch he will communicate. Has written all the Ministers
the truth of this miscarriage, and believes his Majesty and his
Royal Highness will much resent it. Should the King make this
alteration that in the absence or approaching death of the Governor
he should have power to appoint a fitting deputy, approved by his
Majesty, there being need of none during the Governor's residence,
a power Lord Windsor had, he would rather recommend Sir Thos.
Lynch than any one, 2 pp. [Col. Papers, Vol. 34, No. 81.] |
| May 22. |
567. The King to Lord Vaughan, Governor of Jamaica. Thomas
Martyn having been obliged to remain in England some time
since the granting his Letters Patent for the place of Receiver in
Jamaica and now repairing to the execution of his charge, the
King commands that no advantage be taken of his stay here, and
that he suffer no molestation in relation to his said office, and that
the Governor recommend him to the Council there that he proceed
with the better success in the discharge of his place, but that he
give the Governor once a year a regular account of his receipts.
1½ pp. [Col. Entry Bk., Vol. 110, pp. 72, 73.] |
| May 24. |
568. Minutes of the Committee for Plantations. Reports of the
Attorney and Solicitor General on the claims of Corges and Mason
read, in which the Lords acquiesce as finding the title good. Letter
from the Lord Treasurer of the 18th, enclosing report of the Commissioners of the Customs of the 12th, read. Commissioners to be
consulted as to whether all Governors have taken the oath for the
observance of the Navigation Acts and before whom, and whether
all such Governors return the bonds taken. Collection to be made
of all Commissions given to foreign Governors, of the Charters and
Grants of the American plantations, at what time and how they
came under the sovereignty of his Majesty, and how they hold of
him. Copies ordered of the grants of Mason and Gorges, the
Massachusetts Charter in Mr. Slingsby's hands; enquiry to be
made about the two warrants in 1637, the answer of the Bostoners
to his Majesty's letter of 1666, for the papers of Col. Nicholls and
the Commissioners sent to New England; to see into the Council
Books for all papers relating to New England. Those papers were
presented to the Council of Plantations by Lord Arlington 26 June
1671. Quaere Mr. Slingsby about them. Series of all papers
possible to be got in this affair to be collected and put together.
3 pp. [Col. Entry Bk., No. 104, pp. 23–25.] |
May 25.
Livorne (? Leghorn). |
569. Mr. Ball's proposals about the Mainotti. Has often much
compassionated the Mainotti, who are the inhabitants of the
famous Morea, and has discovered much with a Greek, an intelligent man, who manages all their affairs, and who doubts not, if
his Majesty please, or any of his subjects who can give them land,
to procure many thousands of them to go and inhabit any secure
part of America under his Majesty's dominion. They have been
turbulent, and the Turk endeavours what possible to drive them
out of the country, laying a tax of so much per head, taking away
their children, and not suffering them to exercise their religion,
which is of the Greek Church. The Grand Duke pays the passage
of all that will come at 5s. 4d. per head; many English ships have
brought them in his time, and this year past came 400 or 500, and
hears they have freighted two French polaccas, and want more.
The Duke gives them land on the sea coast of Sienna, which is so
bad an air that few live, and corn to sow, but otherwise treats
them badly, so that they come to nothing. The Duke of Savoy
has likewise lately courted them to come into their country, and
whoever brings them to Villafranca is to have 5½ pieces of 8
per head. Ships go to Porto Vitolo, and an open road called
Praitea, over against Candia (here called Braccia de Main), and
men, women, and children embark, the Turk having no command
to hinder them. Near that place may be 6,000 or 7,000, and on
the Morea 4,000, who live in caves, woods, &c., and might all be
got off. They are very laborious, great herdsmen, and make much
oil, wine, wax cotton, and silk, and doubtless would produce the
like in any proper country, as Virginia, Jamaica, &c., with which
his Majesty is so well furnished, wanting only people to be the
greatest prince in the world. They only desire the free exercise of
their religion, and enough land to maintain them. His Majesty
might order that commanders of ships bringing them to Tangiers
or rather England shall have so much per head, and then ships
bound for the place alloted have so much per head again; and the
many ships going yearly home from Zante might carry a great
many, or as these ships of war now bound for the Levant are
called home, they might be ordered to bring them away, and this
great deed of charity might be done with little charge, 15 or 20
pieces of 8 per head would do, for they live almost on nothing, and
commonly carry their own provisions. About 400 of them bound
hither were lately carried to Algiers, it would be a great deed of
charity to redeem them, 100 pieces of 8 per head would do it, and
they would be slaves to his Majesty till they had paid it with
interest. Endorsed. "Read at the Committee of Plantation
24 Sept. 1675." 3½ pp. [Col. Papers, Vol. 34, No. 82; also Col.
Entry Bk., Vol. 97, p. 25.] |
May 26.
Nevis. |
570. Forty-eight Acts passed in the island of Nevis, 26th May
1675, viz.:—(1.) An Act for settling an Impost on the Commodities of the growth of this Island. (2.) Against profanation of
the Sabbath. (3.) For encouragement of Ministers and other
Church officers. (4.) Constables not to refuse to serve. (5.)
Plantations not to be sold again until first paid for. (6.) Actions
of Nisi Prius. 1,000 lb. sugar. (7.) Ships and boats to enter into
security. (8.) Women servants inveigled. (9.) Instead of torches,
lanthorn and candle (against the use of torches for crabbing, or
smoking tobacco near any canes or other combustible matter).
(10.) Executions and their penalties. (11.) Breadth of common
paths. (12.) Non-subscribers to elections. (13.) Negroes not to
sport or absent themselves on the Lord's day. (14.) Marshal's
duty to the public. (15.) Running away with boats. (16.)
Servants sold by indenture or otherwise. (17.) Washing in
cisterns, ponds, slabbs, or guts. (18.) Provision for the Poor.
(19.) Powder duties. (20.) Prohibition against clearing into other
men's lands. (21.) White men not to keep company with negroes.
(22.) Damages against trespass. (23.) Accounts left upon oath
not pleadable, no assignments of bills without the knowledge of
the debitor. (24.) Marshal or deputy not to serve or levy any
execution or warrant in time of Court. (25.) Penalty on persons
denying to serve in the public employ. (26.) Women not to
answer in lieu of their husbands in any Court of Judicature.
(27.) Chirurgeons not to practice without licence from the authority.
(28.) For encouraging import of servants: for encouragement
of servants by indenture. (29.) Prohibition of importing rum.
(30) Concerning rates of liquors for taverns and tippling houses.
(31.) Regulation of Secretary's and Marshal's fees (title only).
(32.) Against running away with boats (dated 19th May 1675).
(33.) Concerning appraisement of lands and houses (dated 19th
May 1675). (34.) For suppression of thatched houses. (35.)
Against killing negroes. (36.) Concerning going on board ships
and other vessels. (37.) For due places for payment of sugar.
(38.) For raising the price of money. (39.) For rates of sugar in
money. (40.) For establishment and settlement of lands. (41.)
For tickets and let passes. (42.) For storehouse-keepers to keep
56 lbs. of powder. (43.) Concerning outeries, (44.) For killing
hogs, goats, and fowls. (45.) Concerning labourer's hire. (46.)
For planting of corn. (47.) Against demolishment of fortifications. And (48.) against carrying of commodities and entertaining foreigners. Endorsed, "Read. from Col. Stapleton, 27th
of Aug. 1678." Together, 47½pp. [Col. Entry Bk., No. L.,
89–140.] |
[May.]
Jamaica. |
571. Sir Thos. Lynch's account of the state of the Church in
Jamaica. Mr. Hayne, a young man, good scholar, and ortholox
preacher, is minister at Port Royal; he has 200l per annum, and
the greatest cure, where all the merchants and tradesmen reside,
and vessels and strangers resort. Mr. Hansyer, an honest man,
good liver, and reasonable preacher, is minister at St. Jago, where
the Governor and some gentlemen live, the parish is called
St. Catherine's, out of which St. Thomas and St. Dorothy's have
lately been taken, but as yet they jointly contribute to pay the
minister 130l. per annum. Mr. Lemon, a sober young man, and
very good preacher, is minister at Guinaboa, St. John's parish; he
has 100l. per annum from the parish, and about as much from
Col. Coape for keeping a free school he has erected. Mr. Cellar,
esteemed a sober honest man, is minister at Lygonce, St. Andrew's
parish, where he has a house, glebe land, and 100l. per annum;
he and Mr. Hansyer are Swiss by birth. None but these four
parishes are supplied, though there are 14 in the island. In Vere
or Wyttiywood there is a church, and that and Clarendon parish
adjoining are able and willing to give a minister 100l. per annum;
at Yhallahs or St. David's there is another church, and that
parish and St. Thomas' adjoining might well pay 100l. per
annum. All the other parishes on the north side and St. Elizabeth's on the south, are great and ill settled, without churches,
being mostly planted in Sir Thos. Lynch's time. who ordered glebe
lands to be reserved in two or three places in every parish, which
in time may prove convenient. He likewise, observing how prejudicial and dishonourable it was for the ministers to be at the
will of the vestries, prevailed with the Assembly to make a law
that every parish should pay their parson 100l. per annum at
least. If two good, grave, and learned men were sent over they
would do God and that island great service, but they may not
expect above 100l. per annum there, so that without some
encouragement here such will not go; but if the King would affix
to that island two considerable prebendaries, as of Eton, Westminster, Lincoln, &c., such persons by the Bishop of London's
directions might have a superintendence of Church affairs, keep
people in their duty, convert sectaries, and suppress atheism and
irreligion, which people there much incline to. Endorsed, "Sir
Thomas Lynch, his acct. about the Church in Jamaica, May 1675."
2 pp. [Col. Papers, Vol. 34, No. 83.] |
May 27.
Whitehall. |
572. The King to Lord Vaughan, Governor of Jamaica. Whereas
Thomas Martyn has been obliged to attend here the prosecution of
justice for losses sustained from the French, on which account he
was sent by his Majesty into France, but is now repairing to the
execution of his charge, as receiver in Jamaica, it is the King's
pleasure that no trouble or molestation be given him in relation to
said office by reason of his absence since the granting of the said
Letters Patents [see previous volume of Calendar, No. 1260], but
that all just favour be shown him in the execution of same, yet so
as the Governor calls him once a year to give account of all receipts
as is usual with offices. 1 p. [Col. Papers, Vol. 31, No. 31.] |
| May 31. |
573. Mem. of petition of the creditors of Edward Billing,
purchasers of a part of New Jersey, to be defended from all visits
and troubles arising by Sir George Carteret who claims part of it;
with reference by the Duke of York to the Committee for
managing his revenue. [Col. Entry Bk., No. 70, p. 18.] |
| May ? |
574. The King to Sir Jonathan Atkins, Governor of Barbadoes.
Thomas Lewis bound for Jamaica but touching at Barbadoes, had
some difference with William Acton by whose importunity and
provocations Lewis was drawn to determine the difference by duel
wherein he had the misfortune to kill Acton, the king has thought
fit to grant his pardon to Lewis, which is now going forward to the
great seal with all diligence and will be sent over by his father as
soon as it is past. Countersigned by Sec. Coventry (see ante,
No. 553). 1 p. [Col. Entry Bk., Vol. 110, p. 67.] |
