America and West Indies: March 1671, 16-31

Calendar of State Papers Colonial, America and West Indies: Volume 7, 1669-1674. Originally published by Her Majesty's Stationery Office, London, 1889.

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'America and West Indies: March 1671, 16-31', in Calendar of State Papers Colonial, America and West Indies: Volume 7, 1669-1674, ed. W Noel Sainsbury( London, 1889), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol7/pp178-189 [accessed 29 November 2024].

'America and West Indies: March 1671, 16-31', in Calendar of State Papers Colonial, America and West Indies: Volume 7, 1669-1674. Edited by W Noel Sainsbury( London, 1889), British History Online, accessed November 29, 2024, https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol7/pp178-189.

"America and West Indies: March 1671, 16-31". Calendar of State Papers Colonial, America and West Indies: Volume 7, 1669-1674. Ed. W Noel Sainsbury(London, 1889), , British History Online. Web. 29 November 2024. https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol7/pp178-189.

March 1671, 16-31

March 17.
Bermudas.
Shaftesbury
Papers.
469. Gov. Sir John Heydon to the Lords Proprietors of Carolina. Has not omitted, in obedience to their commands in their letter of 17 Nov. last, any opportunity to promote his Majesty's and their own interest in Carolina. Since when has arrived one of Colonel Sayle's sons who brings news of the health of the people and good progress in that plantation. Has procured a ship from hence which he intends setting forward the end of this month with the provisions this island can afford. Finds the people very well affected to that undertaking. Shall now send their Lordships packet to Ashley River, and hopes to get intelligence of their affairs. Has inquired after but cannot hear of any ambergris. Will instruct Captain James Harmour to examine more effectually upon the place. Endorsed by Locke. 1 p., with seal. [Shaftesbury Papers, Section IX., Bundle 48, No. 63.]
March 20.
Whitehall.
470. Warrant to the Attorney-General. To prepare a Bill empowering the Duke of York, Prince Rupert, Duke of Buckingham, Duke of Ormond, Earl of Lauderdale, and Lord Culpeper, at all times to enter the Council for Foreign Plantations and vote, the first two not to be required to take the oath, with the same privileges that were granted in the commission of 30th July 1670, constituting the said Council; and further appointing John Evelyn to be the standing Council, with the yearly salary of 500l. granted to every member of said Council;Endorsed, "Persons added to the Council of Plantations." 6 1/2 pp. [Col. Papers, Vol. XXVI., No. 43.] See also Domestic, Chas. II., Docquets.
March 21.
Albemarle
Point,
Carolina.
Shaftesbury
Papers.
471. Jos. Dalton to the Lords Proprietors of Carolina. Encloses three letters, marked A., B., and C., giving an account of the general affairs of this place, the remonstrance of the Council for the first adventurers and also themselves, and a relation of the demeanour of William Scrivener, deputy to Lord Berkeley, and William Owen, one of the first freeholders. Encloses,
471. I. The Council at Ashley River to the Lords Proprietors. The arrival of the John and Thomas with about 42 people, and the Carolina with about 64 was not a little welcome, yet this bee has its stings, for many brought little or no provision with them. There is good opinion generally in all parts concerning this place; some of those arrived are of good repute and fame and known to be experienced planters. Refer to their last letter and the election of Capt. Joseph West to be Governor, an act seemingly to vary from their Honours' directions, but for which they give reasons, the late Governor dying at a time when the Colony stood in greater need of a head than ever. Two seats vacant in the Council, the Lord Craven and Sir George Carteret's deputies. Are expecting every day the provisions their Honours sent to Barbadoes for them, having reason to believe that Capt. Stoe is waiting at Bermudas to bring people from thence in the spring. Some of those arrived in the Carolina have made claims of land pursuant to their Honours' concessions, 500 acres for every 1,000 lbs of sugar underwrit for defraying the charges of setting forth Capt. Hilton on the discovery of the province; request directions, as they have passed an order for these lands to be granted, so that no discouragement be given. Have with much ado, our people being weak from scarcity of provisions, pallisadoed about nine acres and mounted seven great guns, all the carriages having been lost in the Port Royal, and when the people have done planting hope to finish it. Are forced to encourage and invite people not only by our tongues and pens, but also by our axes. Reasons why they cannot possibly observe all their Honours' instructions concerning the land, which is not lying as they were formerly informed, but will as near as they can. Thought it most conducive to safety on their arrival to build a town, where they are now settled; describe it. To keep the planters near together were forced to grant them town lots of 11 poles or thereabouts per head and 10 acres per head to plant about the town, which it is conceived will prevent any sudden surprisal. Arguments in favour of people being allowed to choose plots for themselves; some delighting to be near the sea and others from it; the denial of this was fatal to the late settlement at St. Lucia. Hope their Honours will allow what they have done, or it may prove a great retarding of a speedy peopling this country. Having given account of the irregularity of our land, are forced to acquaint their Honours with the irregularity of our Surveyor-General, who, though receiving warrant upon warrant, has not yet completed any man's land in the Colony, though promised 2d. an acre as much again as any artist in surveying would do the like for, so have been forced to employ two gentlemen to survey the land gratis before any more people arrive. If the Surveyor-General does not complete pursuant to warrants, intend to employ John Culpeper, a very able artist, to finish the same, who will undertake to do it, return a plot (plan), keep a record of the same for 10s. a day under 500 acres, and above 500 1d. per acre, until further directions concerning Flor. O'Sullivan, Surveyor-General, and as to surveyor's fees and those to be employed. Request that two bales of parchment, one cwt. of well tempered wax, and the seal for passing grants may be sent to them, for the people very much desire the grants of their lands; also a parchment book to record the grants and six other good paper books for the Register's office and the Council. Great necessity of supplies of tools, clothing, and provisions, the want of which has not a little pinched the first adventurers, not having received any since their first arrival. Also that cattle and hogs may be brought from New York, where they understand is a very good breed, with some horses for ploughing, which the people intend to fall upon as soon as ever they can get materials, by which means the people will be sooner able to discharge themselves of their Honours' store books and raise some advantage to themselves, and the country be brought to a flourishing condition. Signed by Stephen Bull, Paul Smyth, Ro. Donne, Ra. Marshall, Samuel West, and Jos. Dalton, Registrar. Albemarle Point, 1671, March 21.
471. II. The humble remonstrance of the Council on behalf of themselves and the freeholders, the first adventurers to the province of Carolina, to the Lords Proprietors. Set forth the hardships they endured in being forced to employ themselves upon public works on their first arrival in the country to defend themselves from the attacks of the Spaniards, the destruction of their first plantations, and the necessity of their being supplied with provisions from their Honours' stores, and pray them to mitigate what is thought to lie too severely upon them in their store books, and to qualify the freight of petitioners' goods for some time yet to come, to sweeten the hardships of their late adventures, and to recover their shattered and almost worn-out fortunes. Signed by Flor. O'Sullivan, Paul Smyth, Ro. Donne, Ra. Marshall, and Samuel West. Albemarle Point, 1671, March 21.
471. III. The Governor and Council at Ashley River to the Lords Proprietors. It is not a little trouble to them to present these unsavoury actions in this Colony occasioned by troublesome spirits, a malady that all regularity in government is more or less subject to. Have hitherto smothered them, but of late those sparks meeting with more fuel have been blown into a flame by Wm. Owen chiefly and William Scrivener, deputy to Lord Berkeley, which they are unwilling to notice were it not to purge the air from such infectious actions to the exciting of mutinies among the people. Relate how at the election of five councillors after Col. Sayle was made Governor, the freemen of the Colony, having by that time thoroughly discovered Wm. Owen, wholly rejected him, which proved one spark more to his fire. How much the Sabbath day was profanely violated and divers other abuses practised by the people, which caused the Governor and Council, finding the number of freeholders in the Colony not sufficient to elect a Parliament to make and publish orders, to suppress the same, whereupon Owen endeavoured to possess the people that such orders could not pass without a Parliament, and seconded by Scrivener persuaded them to elect a Parliament among themselves, which they did and returned to the Governor, two of which Parliament men it was disputed were servants, Mich. Moran, a labouring Irishman, and Rich. Crossley, set free by his master for idleness. Thus is discovered one part more of Owen's disposition, because the altitude of his body will not show itself taller than any other man by the head and shoulders, he will climb upon the pinnacle of any desperate attempt to be seen above others. This is not all. After the arrival of the two ships the said orders, revised by the present Governor and Council, were assented to and approved by the new freemen as well as the ancient freeholders, but Owen, finding himself swallowed up in a general consent, invents a new stratagem and possesses the chief of the people, especially the new comers, that as there was no Great Seal in the province, unless a Parliament were forthwith chosen to prevent it, their lands and all their improvements thereon would not be assured to them, but might be taken away at pleasure. Now Owen hath hit the mark, he is what he would be, the leader of a company of people upon any terms, the people's prolocutor, and therefore must have room in the Council to show himself and the people's grievances. The arguments of Owen before the Governor and Council upon the true interpretation of their Honours' instructions and the people's rights patiently heard; the Governor's speech to the people, giving them to understand his power and authority to convey and assure to them all their lands until he received the Great Seal, and that he intended to summon the people for the election of a Parliament when opportunity served or necessity of making laws required, upon which all or most of the freemen were fully satisfied, which Scrivener perceiving and that himself and Owen were likely to lose the title of men of understanding, on a sudden arose up with somewhat more than ordinary heat and desired the people to take notice that he conceived their proposals were very just and reasonable, and that those who should deviate from them were disturbers of the peace and infringers of the people's liberties. For such speeches tending to the slighting and utter destruction of this present Government and inciting the people to sedition and mutiny, and consequently the ruin of this settlement, it was the same day ordered that from henceforth Scrivener be suspended from the Council, and that both he and Owen be incapable of bearing any public office or employment in this Colony until further orders. Being very sensible that the name of a Parliament is strangely resented abroad, and that the quality of our Parliament men might not give an occasion of disputing in other parts, and no great necessity at present of one, our time being well employed in planting and other necessary works, and knowing how treacherous reports are, have deferred the summoning of a Parliament till the ships be gone, at which time, the heat of planting being over, the Governor and Council will, now some more people are come, proceed to the prosecution of their Honours' instructions by and with the consent of the Parliament or the major part, to make such laws as are found necessary in this place. In the meantime desire instructions how long this Parliament is to continue, for two or three years, that they be dissolved at the pleasure of the Governor and Council and summons for a new election issued at any time. Signed by Joseph West, Ste. Bull, Flor. O'Sullivan, Paul Smyth, Ro. Donne, Ra. Marshall, and Jos. Dalton, Registrar. Albemarle Point, 1671, March 21. Endorsed by Locke. Together 10 pp. [Shaftesbury Papers, Section IX., Bundle 48, No. 64.]
March 21.
Albemarle
Point,
Ashley River.
Shaftesbury
Papers.
472. Governor Joseph West to Lord Ashley, Sir Geo. Carteret, and Sir Peter Colleton. Since his last of the 2nd instant it has pleased God to call for our Governor, who was very aged, and nature quite decayed in him. The 4th instant in the morning, finding himself very weak and sensible, he sent for the Council, and nominated the writer to succeed him in the government until their Honours' pleasure be further known, the Council being all ready to give their consents. Conscious of his weakness he dares not be a suitor for so great a charge, but desires to continue no longer than their Honours can find out a gentleman that may give more encouragement to a new settlement. To leave the people last come inexcusable he called all the freeholders of the Colony together to hear the publication of some orders made by the late Governor and Council for the better keeping of the Sabbath Day, and preserving their stock this year, but some hot spirited persons, ambitious of perpetuating their own wicked inclinations, spurn at all order and good government, fearing to be reduced from a sordid beastly life that they will rather not live than be induced to live well. Such hath been especially the life of Wm. Owen amongst them, he having some relation to his Lordship's secretary, Mr. Blany, who many times since their departure from England hath appeared at the head of the people and stirred them up to differences as their Honours may see more at large in the general letter from the Governor and Council. Has since the Governor's decease reduced the people into two companies, that they may be the better disciplined. Not 150 men yet in the colony fit to bear arms, Are still forced to lie upon their guard, keeping good watch, not trusting the Indians further than security will allow, for he is very sensible, though they carry themselves never so fair, yet are the Indians very treacherous and will let no opportunity slip to destroy us. Has taken up for present planting about 300 acres disjoined from the town by a small creek bordering upon the river, but interrupted by a marsh. Has cleared this year about 30 acres and built convenient houses for ourselves and servants, and enclosed the houses with pallisadoes as described, so do not fear what all the Indians shall attempt. Arrival of Captain Godfrey from Barbadoes in the Carolina to manage Sir Peter Colleton's interest, and is very glad of his assistance, for he believes him to be a good planter. Intend to plant most of their ground this year with provisions, it being the life of a new settlement to provide in the first place for the belly. Have already sown peas and planted some Indian corn and wheat, and believes English grain will agree very well with this soil. Have also planted ginger and several other things to make experiment of what commodities the country will best produce. The winters here prove something sharp and cold, so that he fears it will not prove a cotton country, but new comers like it very well, and say they believe it will produce any commodities that the Caribbee Islands do, as cotton, ginger, indigo, &c., and have written several letters to encourage their friends in Barbadoes to come, and he believes many will come in a short time. Stock thrives very well, especially hogs, which increase very fast. The four cows he kept are a very small breed, and will be but little profit except for stock. Is informed there is a very large breed of cattle at New York, and that one cow will give two gallons or more at a meal; they want half-a-dozen such cows, likewise horses are there very cheap and of good breed. Very much in want of some to draw down timber to the water's side, and most of the ground planted this year may be ploughed the next. Has despatched the Carolina laden with pine timber, some of it fit for masts for small ships, and for points for windmills. Supposes the inhabitants have petitioned t o take off Mr. Colleton's sloop from here to Bermudas, she being upon that voyage about three months at 30l. a month, which is charged to the inhabitants; likewise they desire a mitigation of freight upon goods sent to the first adventurers for the reasons stated. Negligence of Captain O'Sullivan in laying out the people's lands, doubts he is not capable, and if found so shall suspend him and employ another surveyor from Barbadoes. Hopes they will send the seal for the grants, two or three bales of parchment and a considerable portion of good wax, likewise the patent from his Majesty, not having so much as seen a copy. Very little of any stores left, except a few nails; requests supplies according to invoice, with instruction as to freight. In want of a good doctor and a medicine chest; believes most part of the few people have died for want of good looking after; not one has died out of their family since they came ashore. Hopes their servants who have been sickly are now seasoned to the country, and that their Honours are thinking of sending a supply from England, for some will be out of their time next year, and one English servant is worth two Barbadians, for they are so much addicted to rum that they will do little but while the bottle is at their nose. Reasons why he advises their Honours to part partnership. Wishes his salary paid to his wife, that she may supply his wants which are at present very great, and that they will consider he has managed the particular affairs in partnership. The late Governor had about 40l. worth out of the stores. Desires instructions, for he was promised 100l. per annum by Sir John Yeamans. Sends lists of people come from Barbadoes in the John and Thomas and Carolina, also note of bills to be paid. Captain Brayne hath taken some to be paid in Barbadoes. With mem. of three seamen of the Carolina, deceased, who are indebted to their Honours' stores. Endorsed by Locke. With seal. 2 pp. [Shaftesbury Papers, Section IX., Bundle 48, No. 65.]
March 21.
Ashley River,
Florida,
lat. 32, 40 m.
Shaftesbury
Papers.
473. William Owen to Robert Blayney. His Lordship (Ashley) in great esteem in the country for his prudence and wisdom and care of them all at this distance; and daily expect to hear that his Lordship has made choice of a Governor fit for such an employment, because of the continued growth of the country by the concourse of people arriving. Multitudes from Barbadoes, New England, and other parts already fitting for this country. The chief part of the fabric of this design and settlement depends upon the prudent management of things abroad and the good conduct of all affairs upon the place. Is dubious whether the late Governor, whom they took in at Bermudas, hath not done a discourtesy already, for he declared he had been an Independent these 24 years. He was, it seems, very well known at Roanoke and Virginia, and in other places, but with whom they were not well pleased. When dying, partly with age and partly with a kind of lethargical distemper, he desired that Mr. West, the Proprietors' storekeeper, should succeed him in the government. Lord Berkeley's deputy, [W. Scrivener] the most understanding amongst our statesmen here, insisted that West, by reason of his employment, was not competent and prayed the government might rest with certain other persons, in regard there was not any one fit for the place, but this was carried against him. So the same day the Governor was interred, the new Governor West, storekeeper and a deputy, feeling authority creeping over him, undertook to make a speech to the people, the sum of which was that he assured them he would inflict punishment upon them if they did swear and profane, but not a word of encouragement to industry and planting, &c. Some few days after he sent a Marshal to require all freeholders to be at the storehouse. We are about 200 and odd souls, of whom about 40 or 50 freeholders who were called before the council table, where the Governor sitting said they had made very good laws for beating down sin and swearing, which imposed equal fines upon poor people here as the greatest of estates are subject to in England, and in default gagging and whipping. Some told him the laws of England knew no such thing as gagging, others inquired why they were sent for, they might as well have posted these laws to promulgate them. He told them he intended to have a book wherein every man should subscribe his religion. The people wondered where that book hath been all this while, being one of the main things in the Governor's instructions. They then desired to withdraw and consider what they had heard, and, having done so, they unanimously agreed to adhere to the Lords concessions, saying that when laws were to be made they were to be framed by 20 persons, freeholders, in the nature of a Parliament, and that these being not founded upon the basis of the Lords' instructions for the Government, they could not concur with them, to which the Governor answered that they were but orders, but the people told him that the King of England did not by orders impose either pecuniary or corporal punishment upon his subjects, and the people very modestly told him they desired a Parliament which the Lords had prescribed for them and it were safe in them to obey and in him to command, yet nothing of this doth he clearly understand. Other reasons why a Parliament is necessary. Measures taken for the assuring of lands. Cannot believe but the man (the Governor) is honest, but whether of parts and reason sufficiently qualified in judging of civil rights he cannot tell. A man for this place must be of parts learning and policy and of a moderate zeal, not strict episcopal, nor yet licentious, nor rigid presbyterian, nor yet hypocritical, but swaying himself in an even balance between all opinions, but especially turning his fore to the liturgy of the Church of England. This country will doubtless be in a few years a place of plenty and trade; all persons who come to settle in it are pleased with it, and as they come they draw more and are encouraged by those lately arrived from Barbadoes, so that by the latter end of the year we cannot be less than 1,000 people. In the meantime they are straitened for provisions until their crop is off the ground. Those sent from England by way of Bermudas will come by Tom Long. Had but one supply in August from Virginia and a little corn and peas only from Bermudas, yet are they cheerful and want not hope that within 18 months they will be able to eat and drink plentifully. Had almost forgot to tell him the issue of their debate. When they had urged all they could that things might be acted only by the rule of the commissions, Lord Berkeley's deputy stood up saying what we had offered was but just and reasonable, and that whoever should deviate from the Lords Proprietors' directions for the Government injured their prerogative and infringed the people's liberty, whereupon the Governor for this protestation caused him to be suspended from the Council, and the rest of the Lords' Deputies concurred. This is an act which cannot be well resented by the Lords, neither can any Governor, as the Lords have qualified him here, expel any of the Lords Deputies from the Council, being upon the matter co-equal with himself, without a breach of the Lords' rights. Many here admire where my Lord Ashley hath met with his deputy. Was sorry to hear that he studied hard in a great strong house at London, and hath appeared suitable to the quality of that academy, an informer, &c. If he had 10,000l. per annum in England yet would he have an interest here, and if ginger continues a price we doubt not of more than an ordinary living. Wants only about 25l. to be returned in commodities vendible in Bermudas to buy young heifers to stock his great lot with a cooper and a carpenter and a smith. Has heard the new Governor will write to the Proprietors and bespatter Owen all he can, so that Owen may not be concerned in anything. Was charged the other day with inciting the people to muting and committed to the Marshal's hand but discharged the next day, and told forsooth that the Governor did not commit him for speaking for the people, but for scratching his head and misdemeanoring himself in his presence. By this means the Governor thought to take away his inclination from appearing in behalf of the people. Reflections upon the Government who would deter any body from acquainting the Lords Proprietors with the state of things, and to that end the Governor hath ordered that no letters be carried off before he sees them. Beseeches him to make it his business to inquire and give no credit to what they say ex parte. If he is found in the least otherwise than endeavouring the good and amity and encouraging industry he will forfeit his life and acknowledge himself guilty. Begs him to speak to Lord Ashley, and procure his letter to Sir John Yeamans if he comes Governor to see him righted or to any other person who may be appointed. Is as forward in his plantation as any man in the country and they of the Council; most of them have not one servant nor any concerns, but only once seemed to be zealous in the old Governor's time. Addressed to Robt. Blayney, Esq., at the Rt. Hon. Lord Ashley's, at Exeter House, in the Strand, London. Endorsed by John Locke. 5 closely written pages. [Shaftesbury Papers, Section IX., Bundle 48, No. 66].
March ?
Shaftesbury
Papers.
474. "An old letter," so endorsed, neither signed nor addressed. Description of "our river," by the Indians called Kiawa, but by us Ashley River. Questions whether this country may not be compared with any in the world for either health, pleasure, profit, or delight; in the summer it is like a bowling alley, full of dainty brooks and rivers of running waters; full of large and stately timber. Account of its products; the woods may rather be called a garden than an untilled place. Has seen millions of ducks in a flock darken the sky, and innumerable other birds; it would ravish a man in a morning to hear the chanting harmonious sounds. Hunting both for pleasure and profit, cattle fit for the knife all the year round, and hogs, sheep, goats, and other serviceable animals, but too plenty of wolves. The place very healthy, not one master of a family died since the settlement, except our good aged Governor, Col. Wm. Sayle, who was at least 80 years of age; no sickness, though about 200 in the Colony. All sorts of grain thrive exceedingly. In great hopes of ginger, indigo, tobacco, and cotton to he their main commodities; potatoes like to thrive. Our town, called Albemarle Point, situated on a point almost encompassed with a large marsh which may be easily strongly fortified. Mild winter, summer not extreme hot. As of the land of Canaan, it may be said it is a land flowing with milk and honey, and it lies in the same latitude. Prays God to send them more thankful spirits and grateful hearts than those stubborn, hard hearted, stiff necked and rebellious Jews. 1 1/2 pp. [Shaftesbury Papers, Section IX., Bundle 48, No. 85.]
March 22. 475. Minutes of the Council of Barbadoes. Present, the Deputy Governor and four of the Council. Ordered, on the motion of the Assembly, that William Bate forthwith deliver to Robert Rich 60 barrels, or 50, if there be not so much in the stores, of defective powder, taking security of him to redeliver the like quantity of good powder in six months. 3/4 p. [Col. Entry Bk., No. XI., 189.]
March 22.
Virginia.
476. Governor Sir William Berkeley to (the Committe of Trade and Plantations). Explains his conduct in reference to a business that concerned one Farvacks, of London, merchant, and one Scarborough, a planter in this Colony, which his Royal Highness (the Duke of York) had commanded the Governor to review; that he could not give a new hearing to Scarborough, nor would the Governor's duty suffer him to let His Royal Highness' mediation be altogether ineffectual, being the first that ever he received from his Royal Highness of this nature. Has retarded the execution ready to be issued out on Scarborough's first sailing for one year to give time to his brother, Sir Charles Scarborough, to produce anything to their Lordships that might alleviate his brother's debt in equity. Hopes this will not be too severely censured by their Lordships. Endorsed, "Rec. the 12th, showed his Royal Highness 17 May 1671." 2 pp. [Col. Papers, Vol. XXVI., No. 44.]
March 23. 477. Governor Sir William Berkeley to (Secretary Lord Arlington). Did not receive his letter of 21st August until the 17th of March, with another from the Duke of York, both intimating that he, the Governor, should review the cause of one Scarborough, who seemed to his Royal Highness and his Lordship to have more equity in his cause than appeared to the Governor. Could have wished that Scarborough's friends had procured this attestation before judgment had passed against him, but this being the first of his Royal Highness commands, he could do no less than supersede the judgment, hoping his Royal Highness will protect him from the censure of the Lords of the Council. Encloses,
477. I. Copies of the orders in Court in the case of Scarborough, 1670, Oct. 26, 27. Together 3 pp. [Col. Papers, Vol. XXVI., Nos. 45, 45, I.]
March 24.
Whitehall.
478. Warrant to Sir Thomas Chicheley, Knt., Master of the Ordnance. To deliver to such as Anthony Lord Ashley shall appoint, four sacres, four minions, and four drabes, with ship carriages to each, to be used in the plantation of Carolina in the West Indies. 3/4 p. [Dom. Entry Bk., Chas. II., Vol. XXIX., p. 53.]
March 27. 479. Minutes of Council of Antigua. Resolved, on receipt of his Excellency's letter from London of the 26th November 1670, importing his approbation of the way of government of the Council after the decease of Col. Byam; that the monthly courts be kept by the Justices, and execution granted as formerly; that no jury court be held till further order from his Excellency, but that the Judges issue out attachments on all judgments; that in case any person refuse to pay the levies per acre for the public treasury, the act be put in execution, and that payments out of the public treasury be ordered by the President, one of the Council, and one of the Assembly. 1 p. [Col. Papers, Vol. XXV., No. 55*.]
March 29.
St. Jago de la
Vega.
480. Minutes of the Council of Jamaica. Major-General James Bannister sworn of the Council. Petition of Priscilla Rignall for her husband's estate, viz., one house in St. Jago de la Vega, also several debts, and some few goods and chattels forfeited to his Majesty, by reason he was executed for killing Thomas Monroy, without which she and her three small children must immediately crave relief from the parish, she having paid 5l. 10s. to the late Provost Marshall, the coroner's fees and quitrents to his Majesty, and unable to pay her debts by reason several persons indebted to her deny to pay the same, alleging that they are forfeited to his Majesty: granted, with full power to sue for her debts, in regard of her great poverty, great charge of children, and the small value of the house and goods. Petition of Richard Taylor, planter, that having for many years laboured as a planter, and been held an industrious and sober person, he was one day provoked by one Henry Westond to try his strength and skill in the art of wrestling, when several falls were exchanged on either side, but though Westond remained well to every one's apprehension, and presently after had a more dangerous quarrel with one Wm. Heb, yet happening to die presently upon it, petitioner was arraigned as equally guilty with Heb, and the jury gave a verdict of manslaughter against both, for which, having past the clergy, petitioner lies liable to be branded in the hand, a mark of infamy to a sober minded person as grievous as death; prays his Excellency to remit the punishment, which shall teach him more caution for the future: granted. Ordered that henceforth the Secretary draw no licenses for drink unless the person bring a certificate from two Justices of the peace, one to be of the Council of the parish where he sells the drink, that he is a fit person to draw drink. Ordered, on petition of Thomas Shutt and other merchants riding at Port Royal, who having brought several quantities of liquors to the island, for which they are obliged to pay great sums to his Majesty for custom and import, according to an Act of his Excellency and Council, pray relief; that the merchants have 28 days from the arrival of their ships to make up their account of liquors, and then pay one third of the customs and give bond for the other two thirds, dated within three days of their ships coming in, and after that no allowance or dispute. 5 1/2 pp. [Col. Entry Bk., No. XXXIV., 212–217.]
March. 481. Warrant for allowing the account of William Lord Willoughby, of Parham, Governor of Barbadoes. With directions to the Auditor of the imprests for allowing on the said account 302,780 lbs. Muscovado sugars paid to the customs officers in that island, 2,500 lbs. paid to Captain Poole for a wherry for his Majesty's service, 216,912 lbs. paid to Sir Tobias Bridge and his regiment, and 616,067 lbs. paid to Jeremy Eggington and William Bate for provisions and disbursements in the time of Francis late Lord Willoughby of Parham; with further directions for certifying a mistake of 1,200 gallons of molasses instead of 120 gallons, whereby the charge will be lessened 32,400 lbs. Muscovado sugars. [Dom. Chas. II. Docquets.]