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DA 25.L3
V.I
Acts of the Privy Council of England.
3 1924 026 356 299
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ACTS
OF THE
PKIVY COUNCIL
OF ENGLAND.
COLONIAL SERIES.
VOL. I.
AD. 1613-1680.
EDITED THROUGH THE DIRECTION OP THE
LORD PRESIDENT OF THE COUNCIL
BY
W. L. GRANT. M.A..
Beit Lecturer in Colonial History in the
University of Oxford,
AND
JAMES MUNRO. M.A.,
University Assistant in History in the
University of Edinburgh.
UNDKK THE QENEKAL SUPEKVISIOIT OT
ALMERIC W. FITZROY. C.V.O.,
Clerk of the Privy Council.
PTJBIilSHED BY THE
AUTHOKITY OF THE LOEDS COMMISSIONERS OF HIS MAJESTY'S TREASURY.
HEREFORD:
PRINTED FOR HIS MAJESTY'S STATIONERY OFFICE,
BY ANTHONY BROTHERS, LIMITED.
And to be purchased, either directly or through any Bookseller, from
WTMAN" & .SONS, I/TD., PETTBR LANE, B.O. ; or
OLIVER & BOTD, TWEEDALE COUBT, EDDranBOH; or
E. PONSONBT, 116, GBAITON STREET, DDBLnr.
1908.
Price Ten Shillings.
V. I
A' 2.3?. J-V*^
CONTENTS.
PAGE
Preface ^•
Errata xxxix.
Acts of the Privy Cotincil 1
Appendix
Index
889
891
Wt. 16497/84 750. A. B., Ltd.
A-z^-ix^^
PREFACE.
Between 1834 and 1837 Sir Harris Nicholas published seven Origin of
volumes of "The Acts of the Privy Council" bringing the *^'' ^""^^
record of the proceedings of that body from the earhest times
down to 1542. Prom 1890 to 1906 a new series was issued
under the editorship of Sir J. R. Dasent, the 32 volumes of
which carry the record to the death of Queen Elizabeth.
Further than this the Treasury do not for the present propose
to continue it.
Thus the published records of the Council ended just where
its colonial activities began. The Elizabethans had indeed made
Empire possible by weakening the power of Spain, and by their
daring infringements on her monopoly ; their traffics and
discoveries in many lands had filled England with the lust
of a.dventure and of travel ; but the attempts at colonisation
of Raleigh in Virginia and of Gilbert in Newfoundland had
been failures. By the end of the reign of James I, Virginia
had not only been refounded, but had passed from the control
of a Company to the King ; at Massachusetts Bay the Puritans,
though looked on with httle royal favour, had estabhshed a
theocracy among the wilds of the north ; the Bermudas, then
usually known as the Somers, or Summer, Islands, were
flourishing ; in 1625 the joint English and French occupation
of Saint Christopher was at once the beginning of our West
Indian Empire, and the presage of the bloodshed which was
to stain it.
The share of the Council in the work of colonial admin-
istration was known to have been large ; and it has been
found possible to make an arrangement, partly through
the generosity of private persons and bodies, and partly
through that of the Treasury, for pubUshing a record of
vi PREFACE.
these activities. Funds sufficient to defray the expenses
of two editors and of a transcriber have been provided by
the Carnegie Trust for the Universities of Scotland, on
the initiative of its Chairman, the Earl of Elgin, then
Secretary of State for the Colonies, by the American
Historical Society, the Canadian Archives Department, and
Mr. H. E. Egerton, Beit Professor of Colonial History
in Oxford University ; the Treasury have agreed to bear
the expense of the printing and publication of a limited
number of volumes. By the kindness of Mr. A. W. FitzRoy,
C.V.O., Clerk of the Privy Council, who from the first took
the greatest interest in the undertaking, and to whose efforts
it is largely due, a room and all other facilities were provided
at the Council office. The present editors were appointed,
and began work, under instructions from Mr. FitzRoy, in
November, 1907.
Records The MSS. Records of the transactions of the Council, now
Council."^^ preserved at the Council Office, fall into three parts.
(1) A large number of foho volumes, similar to those described
by Sir John Dasent, written by one or other of the Clerks of
the Council, and giving a chronological account of its
proceedings. The volumes to May 1, 1613, containing the
record of the first ten years of James I., were biu-nt in
the fire at Whitehall of 1618. From August 30, 1645, to May 3,
1649, the confusions of the Civil War cause another blank.
(2) The " Plantation Register," bound separately, in which
from 1677 to 1806, though with certain gaps, are recorded
various colonial laws passed or approved by the Council, the
Instructions issued to Governors, and certain formal letters
written to them. (3) A large mass of unbound papers,
consisting mainly of petitions and reports submitted to the
Council by the Board of Trade, and beginning a little before
the reign of Queen Anne. The Register itself has been carefully
and intelhgently indexed ; the Plantation Register contains
a short Index at the end of each volume ; the unbound
papers are merely arranged in a rough chronological order.
PREFACE. yjj
These three sources, however, do not contain a complete
record of the work of the Council. The matters discussed
were sometimes too secret, sometimes too trivial, to be
entrusted to the Register ; the Clerk was sometimes careless
or indolent ; in the Calendars of State Papers and in other
printed collections are found references to proceedings of the
Council of which no trace occurs in the Register. Of such of
these as relate to the colonies a list is given at the end of each
volume, though others probably remain in the uncalendared
collections of the Public Record Office.
Owing to the immense mass of material after the accession
of Charles II and the hmited number of volumes to which
we were restricted, it soon became evident that to give m
full all the extracts would be impossible. Nor would it have
been advisable. Much of the work of the Council was
purely formal ; and its reproduction woidd have involved
endless repetition. We have, however, endeavoured in every
case to give the essentials in the words of the original, and
to condense only the verbiage. How far this has been done
can easily be seen, everything in the body of the text which
is due to the editors having been enclosed in square brackets.*
The notes and marginal references, though not so enclosed,
are also our own, save in one or two cases where quotation
marks show that they are from the Register.
The Register of the Council has been for some time open to
historical students, and numerous extracts from it have been
pubhshed in various forms. It was at first our intention
to append a reference to any extract which had been already
published, but we have decided to do this only in the case of
the great series of Calendars of State Papers in course of
piibhcation by the Master of the Rolls.
* In our opinion the adoption of some such system would add to the
usefulness of the "Calendars of State Papers, America and West Indies."
The calendars in this series are often so full as to be really transcriptions of
documents. Some such system as we have employed would enable the_
historian to see whether the exact words of the original are given, and the
additions to the length of the sections would be inflnitesiraal.
yjjj PREFACE.
The present series will be of value to the historian of the
Colonies chiefly as supplementing the Calendars, the colonial
series of which has now reached 1699.* More and more as
time went on, the Council tended to refer matters to
Committees, whose papers are for the most part in the Record
Office, and therefore figure in the Calendars. Again and again
one finds in the Calendars the petition, or perhaps the report
of a Committee upon it, and in the Register the final resolution
of the Council. Cf. e.g. [6] with C.S.P. (Am. and W.I.)
Vol. I. p. 15, February 22, 1615. It is hoped that by the use of
the index, students will be enabled to refer without difficulty
from one series to the other. After the cessation of the
Calendars, the present series must be used in conjunction with
such pubUcations as the Documents relative to the Colonial
History of New York, (11 vols) edited by E. B. O'Callaghan
and J. R. Brodhead, the Colonial Records of North
Carolina (16 vols), and the numerous collections of documents
pubHshed by the State Governments and Historical Societies
of the United States.
Owing to the limited number of volumes at our disposal,
we have been compelled to omit all extracts from the
Plantation Register, save that in Vol. I. we have included
[1202-3, 1209] extracts from certain proposed laws for Jamaica,
which help to illustrate the constitutional struggle then
begiiming. The rest of its contents is for the most part
either formal, or repeats papers of which several copies are
preserved at the Record Office. We understand also that
the commissions and instructions to the governors of the
continental colonies are being prepared for pubhcation by
Miss Adelaide R. Hasse. It has therefore seemed sufficient to
* For convenience of reference we have referred to the Calendars of State
Papers (America and West Indies) as C.S.P. and to the respective volumes as
follows :
1574-1660 = I. 1685-1688 = VII.
1661-1668 = 11. 1689-1692 = VIII.
1669-1674 = III. 1693-1696 = IX.
1675-1676 = IV. 1696-1697 = X.
1677-1680 = v. 1697-1698 = XI.
1681-1685 = VI. 1699 = XII.
PREFACE. iX
print at the end of each volume a brief list of its contents for
the period in question.
All proclamations issued between 1607 and 1783 relating
to America and the West Indies are shortly to be published
under the editorship of Mr. Clarence S. Brigham of the
Rhode Island Historical Society. The originals may be found
by consulting the Hand List of Proclamations (1893) issued
by Lord Crawford, under whose direction a Calendar of all
Tudor and Stewart Proclamations up to 1714 is shortly to be
published by Mr. Robert Steele. We have therefore thought it
sufficient to give simply the titles of such as occur in the
Register. But while thus compelled to keep within strict
limits, the editors believe that no reference to the colonial
activity of the Privy Council in either the Register or the
Plantation Register has been, left unmentioned. The mass
and importance of the unbound papers render their inclusion
at present impossible, but it is hoped that some arrangement
for making them more accessible than at present may be
reached.
Even after such general decisions as to proclamations and Selection
Ot IVI&it)6ri£lI.
instructions had been formed, a wide margin of selection was
left to the editors in the case of extracts only slightly or
indirectly affecting the colonies. Should the papers referring
to Sir Walter Raleigh's last voyage to Guiana be given ? If so,
are the references to his subsequent trial and execution to
be included ? How far are the doings of the Royal African
Company on the West Coast of Africa in quest of slaves for
Virginia and the West Indies to be related ? A ship sails
from Newfoundland for Plymouth laden with fish ; on the
way she is captured by a Dutch privateer, and retaken by
a French man-of-war. Vexatious questions of international
law arise ; is the mere fact that she sailed from a colony
sufficient to warrant a detailed account of the case? Often
when debating such questions the editors have wished that
the series planned by Sir J. R. Dasent might have been
continued, even if on a less generous scale. Our principle has
PREFACE.
X
been to include everything of direct interest to the student
of British colonial poHcy, administration and history ; matters
which depended for their interest on something non-colonial,
and in which the mention of the colony was purely accidental,
have been omitted.
Treatment Another question which arose was the extent to which the
of Material. ^^^^^ ^^ ^^^^^ present should be inserted. To do so in every
case was a counsel of perfection, rendered impossible by our
limits. Up to the reign of Charles II we have retained them
for matters of importance ; thereafter they have almost always
been omitted, though the signatures to a letter or to the
report of a Committee have in cases of pubhc importance been
given.
In the earlier volumes, in which strict chronological order
is not always observed [c/. 79-80], we have been troubled by
uncertainties of name and place. Thus [37] there was a meeting
on April 18, 1619, but no place of meeting is given. That of
April 11 was held "At the Bishop of London his house in
London " ; that of April 21 " At the Starr Chamber." In
this and a few other cases we have left the place of meeting
blank, but in most cases there is evidence that where the
Clerk has not inserted the place of meeting, it may be regarded
as continued from the previous entry.
In dating extracts we have employed the new style as to
the year, save in one or two cases in the body of the text
where both old and new style have been given. The day of
the month has been left as in the Register, i.e., O.S. up to 1753,
N.S. thereafter. In transcribing names the spelling of the
Register has been left unchanged. In the summaries we have
usually given the modern form though occasionally the original,
when the name appears only in the summary. In the index
the modern form has been employed.
In the transcription of manuscript the spelling of the
original has been retained ; so also has the system — if
system it can be called — of capital letters and of punctuation.
PREFACE. xi
Contractions have been expanded. To the purist this may
seem a defect, and to this extent the series is certainly a less
faithful reproduction of the original than, e.g., the Records
of the Virginia Company, now being edited by Miss Gertrude
Kingsbury. Such faithfulness to the original is, however, open
to two objections. The reproduction of some of the contractions
of the seventeenth century involves the casting of fresh type ;
and the result is exceedingly trying to the eyes. It is
doubtful if the historian gains much by being dazzled by such
coiatr actions as Lips, for Lordships.
At the end of each extract we have given a reference to
its place in the Register. Some of the earlier volumes are
numbered not by pages but by folios ; in these cases both
recto and verso are cited by the niimber of the folio, to the
verso being added a, b. In each case the section number
refers to the first section which begins on the page.
So far as possible references have been given in chronological
order. ' Exigencies of space have compelled us, in some cases,
to group several purely formal references into one section,
e.g., 690. We have also allowed ourselves one important
deviation from our principle, and from the Restoration
have grouped into one large section at the end of each
volume of the Register the numerous passes given to ships
to trade with the colonies.
On the whole a study of the Register adds more to our The Privy
knowledge of British colonial pohoy and administration than and Hs Com-
, . .. T. ■ , • 1 1 J mittees for
to that of the internal history of any British dependency, plantations.
The present record of its activities gives a most favour-
able impression of the Council as a governing body,
anxious to help, willing to take advice, free from preconceptions.
Though necessarily giving over more and more of the routine
work to various committees and commissions, it did not—
during the period covered by this volume— become a mere
recording body. Instructions were given to committees as
to the lines on which they should proceed [522], and
jjj PREFACE.
their reports were seriously discussed, and on occasion
altered. It was not afraid, on occasion, to change its
decisions on fuller information [130, 131, 564-6], or to
make a handsome apology to a man unjustly censured
[240, 245, 261, 264]. It showed a constant desire to help,
and in every way endeavoured to promote colonial prosperity,
[208, 630]. Even to a colony Hke New England, which
rested more or less permanently under suspicion, justice and
even favour was shown [258 and 306]. In this connection,
the omission of names has done an injustice to the last two
Stewart kings, especiaUy to Charles II. If he sometimes
yawned in Council, as Pepys would have us beheve, and as
is by no means unlikely, he was unfailing in his attendance.
" The King's Most Excellent Majesty " figures at the head
of the list of those present much more regularly than did his
royal father and grandfather, and clauses in the letters sent
out to governors often have a special word or two added
by the monarch himseK.*
The gradual development of the system of Committees
has recently been traced with great thoroughness and lucidity
by Professor C. M. Andrews, f who has supplemented the
references in the Register by a careful study of the State
Papers and other sources. At first temporary committees
were appointed to examine into single questions ; of these
the first recorded in this volume is that appointed on
November 4, 1618, to inquire into the grievances of the
Western Ports against the Newfoundland Company [31 J.
So on July 16, 1622, the dispute between John Bargrave and
Sir Thomas Smyth, Treasurer of the Virginia Company, was
referred to a Committee [86], a minute of one of the sittings
of which has been entered in the Register [92]. From this
* Yet in the Notes which passed at meetings of tfie Privy Council between
Charles II and the Earl of Clarendon, 1660-1667, edited from the Clarendon
Papers in the Bodleian by Rev. W. D. Mackay, M.A., F.S.A. {Boxburghe
Club), 1896, there is but one reference to colonial matters, and that is by
Clarendon.
t British Committees, Comm.issions and Councils of Trade and Plantations,
1622-1675, by Charles M. Andrews. ^Johns Hopkins University Studies,
Series XXVI, Nos. 1-3, Baltimore 1908.)
PREFACE. XJjj
time colonial matters were frequently referred to such Com-
mittees or Commissions, which often included members not
of the Privy Council itself, [97] ; thus in 1623 and 1624 several
sets of Commissioners were appointed " to inquire and search
into all abuses and grievances " connected with the Virginia
and Somers Islands Plantations [98, 122, 123]. The
Commission appointed on June 24, 1624 [122, 123] consisted
of 16 members, of whom eight were members of the Council ;
six were to form a quorum, " whereoff two to bee of his
Majesties Privie CounciU." During the Canada dispute
(1629-32), various sub-committees were appointed [e.g., 223,
234]. On December 19, 1632, the first Committee of Council for
plantations of a broader scope was appointed — the Committee
on the New England plantations [307]. This Committee was
re-appointed in 1633 [313], but was soon overshadowed by
the Commission for Foreign Plantations, in reahty a Committee
of the Privy Coimcil, which was appointed on April 28, 1634
[330: cf. C.S.P. I. p. 177], renewed on April 10, 1636 [C.S.P. I.
p. 232], and remained in existence till August 1641 [C.S.P. IV.
p. 193]. Though given the most extensive powers, no
machinery for enforcing its decrees was provided, and the
special committees of experts which were appointed for
particular questions are really of greater importance. The
first mention of " Sub Committees for forraigne Plantations "
in the Register is on June 27, 1638, but the name is the only
novelty [391].
The activities of the successive Councils of State and of the
Council of Trade during the Commonwealth are beyond our
province. Soon after the Restoration, on July 4, 1660, a Com-
mittee was appointed to sit twice a week "to receive, heare,
examine, and deliberate upon any Petitions, propositions,
Memorialls, or other Addresses which shalbee presented or
brought in by any person or persons concerninge the Plantations,
as weU in the Continent as Islands of America. And from tyme
to tyme make their Report to this Bord of their proceedings."
[484]. This body " had aU the essential features Qi a,
XIV PREFACE.
standing Committee and, after the experiment with separate
and select Councils had proved unsatisfactory, it assumed
entire control of trade and plantation affairs in 1675, a control
which it exercised until 1696."* Minutes of its proceedings
are entered in the register for September 15 and 25, 1662.
For a time, however, control of colonial affairs was shared by
it with the Council of Trade of 62 members, and the Council
of Plantations of 48 members, appointed respectively on
November 7 and December 1, 1660. On both of these bodies
the Privj- Coimcil was represented [488] and both were largely
under the influence of Clarendon. In addition to its standing
Committee, the Council continued its poUcy of appointing special
Committees to deal with special questions. Thus on October 17,
1660, " A Committee to consider of the Businesse of Jamaica "
is appointed, [491 : see also 522] ; on March 8, 1661, a Committee
on "the Island of Nova Scotia" [508]; on May 17, 1661, "A Com-
mittee touching the setlement of the Government of New
England " [513] ; on August 16, 1661, " concerning the
Restitution of Acadia " [529] ; and on December 2, 1663, a
Committee "touching the Fishing in Xe\^-foundland " [610].
After a period of great activity, the Council for Plantations
came to an end early in 1665, and for some years colonial
affairs were managed by the Privy Council and its Committees.
Early in 1668 the .system of standing Committees was
reorganised, [747], the Committee for Trade and Foreign
Plantations cimsi.sting at first of 14 members, tlu^ee to be
a quorum, but despite this change, special committees, such
as that " for the Affayres of New England " [725], and that
on the Newfoundland trade [735] continued to be appointed.
An attempt was soon made to revive the system of
separate Councils [720]. In 1668 a Council of Trade was
appointed, and on July 30, 1670 a Council of Plantations,
which showed great activity, and to which numerous matters
were referred by the Privy Council [e.g. 826, 915].
In September 1672 these two bodies were united, but in
* Andrew.^, op. cit., pp. 62-3.
PREFACE. XV
December 1674 their commission was revoked by the King,
and power again centred in the reorganised Committee of the
Privy Council [1021]. This Council of 1672 was a paid
body, and its aboUtion was perhaps due to motives of
economy. It had been extremely efficient, and to the
instructions for colonial governors prepared by it under the
guidance of Shaftesbury and Locke, is due in large measure
the scheme of plantation control followed by successive
governments until the American Revolution. From 1675 till
the appointment of a separate Board of Trade and Plantations
in 1696, "the Right Honourable the Lords of the Committee
for Trade and Plantations " are the real administrative centre
for the British plantations, and the records of the Council
largely consist of references to and reports from this body.
Besides the references to the Council of Trade and to special
or to standing Committees [641, 770, 818] the Council fre-
quently referred the consideration and occasionally even the
settlement, of colonial matters to other officers and depart-
ments of state, to colonial officials, to ambassadors abroad,
or to committees of experts not connected with the Council.
Thus we have references to the Principal Secretaries of
State [519], the Lord High Treasurer [151], the Lord
High Admiral [659], to the Lords Commissioners of the
Treasury [714], the Lord Lieutenant of Ireland [851],
to the Lords Chief Justices [1119], to the Attorney and
Solicitor General [117 and 460], his Majesty's Advocate
[669], the Chancellor of the Exchequer [151], the Judge
of the High Court of Admiralty [321], the Farmers of the
Customs [368], the Commissioners of the Customs [606],
the Officers of the Ordnance and the Commissioners of the
Navy [556], the Commissioners for Prizes [739], the Com-
missioners of Appeals in Cases of Reprisals [1056]: to Colonial
Governors [e.g., 175, 558 (note), 666], to the Governor of the
Bermuda Company [80], to the Clerk of the New England
Company [441] to ambassadors abroad [997] and to various
committees of experts [72, 300, 795].
XVI
PREFACE.
Questions came before the Council mainly by petition, either
of individuals or of corporate bodies. It was thus occupied
mainly with cases of private interest. The chief matters of
pubUc importance dealt with in the present volume are aheady
well-known and many of the extracts have been summarised
in the Calendars— such as those deahng with the transportation
of criminals and of pohtical offenders [12], with boundary
disputes, with Edmund Randolph's charges against Massa-
chusetts, with Bacon's rebelMon in Virginia, and with the
attempts at inter-colonial agreements in Indian affairs or as
to a stint of tobacco. In more private matters Ught is thrown
on colonial justice by a series of cases dealing with wills or
with fraud on the part of the agents of absentee landowners
[e.g. 333] ; on the course of colonial trade, by disputes with
the Officers of the Customs, by requests for passes, and by
appeals for redress for unjustifiable seizures of ship and goods
by one of the other three powers still strugghng for commercial
and colonial predominance ; on colonial defence by petitions
for satisfaction for losses sustained during imprisonment in
his Majesty's service [741], by demands for ships and
munitions of war, and by the demands for their arrears of
West India garrisons, their creditors and executors [947,
1258] ; and on colonial administration by the complaints of
officials against governors who sought to exclude them from
the exercise of their office, and by revelations of a combination
of absenteeism with plurahty.
The greatly increased interest taken in colonial adminis-
tration after the Restoration is very striking. From 1613
to 1645 occupies §§1-483; the same amount of space is
covered by the first eleven years of Charles II. Under James I
and Charles I one hears much about the Eastland, the
Turkey, the Levant merchants, httle about the colonies save
when a quarrel among factions, as in the case of the Virginia
Company in 1623, or among rival traders, as in the case of the
Canada embroglio in 1629-32, brought them to the fore.
Under Charles II we have a definite colonial policy, the
PREFACE. Xvii
pursuance of which is regarded as an essential part of
England's greatness. The transition is made to appear more
abrupt than it really was by the absence in this series of any
direct reference to the colonial activities of the Protectorate,
which must be sought in the Calendars of State Papers, both
Colonial and Domestic. Though the Privy Council of
Charles II maintained a shadowy existence during his exile,
and though a thin volume of the Register chronicles meetings
at Breda, Bruges, Brussels, and in the Channel Islands, it
found enough to do in preserving its own existence, without
concerning itself with that of the colonies.
Yet though the Restoration Monarchy had an undoubted ^ng^^/jije
insight into questions of trade and commerce, and saw the Navigation
part which the colonies were to play in their development,
its sagacity must not be exaggerated. The change is at
least as much due to the growing importance of the colonies
as to any superiority of insight in Charles II or in Clarendon.
This becomes clear on a close study of the Navigation Acts,
the famous product of the Mercantile System. The more they
are studied, the more they appear not as the inauguration of
a new policy, but as the final embodiment of the old. The
essence of Mercantilism as apphed to the colonies lay in the
pacte coloniale by which the colonies were at once guaranteed
the English market, and restricted to it. Such colonial
commodities as were " enumerated," had to be sent direct to
England for use or re-export. On the other hand the Enghsh
market was assured to them by a rebate of a large part of the
duty, or in some cases by the total prohibition of home or
foreign competition. Instances of each of these restrictions
may be found before the Restoration, or before the Act of
1651, sometimes described as the first Navigation Act.
The order of October 24, 1621, directing that commodities
brought from Virginia were to be appropriated unto
his Majesty's subjects "and not communicated to foreign
Countries but by way of trade and commerce from hence
Xviii PREFACE.
only," and that "from henceforth all Tobacco and other
commodities whatsoeuer to be brought and traded from the
foresaid plantation shall not be carried into any forraine partes
vntill the same haue beene first landed here and his Majesties
Customes paid therefore," [77], contains in it the promise and
potency of the colonial clauses of the Navigation Act.
A httle later we have the complementary part of the theory,
and the restriction of the colonies to the English market is
offset by the restricting of that market to their produce, by
a system of preferential trade which lasted until the middle
of the nineteenth century. In 1 632 the highly important warrant
of February 24 to the Attorney General marks the system
full grown. Tobacco from the plantations is given a heavy
preference over that from Spain and the Spanish colonies ;
it must be brought to England, and to England only ;
but if re-exported within a year, a rebate of half the duty
is allowed. 292, 321, 332, 334-5 show how strictly colonial
trade was confined to the home market, though 283 and 355
show that the Council remained the master, and not the servant,
of its own rules. Similarly 181 shows that the restriction
by the Navigation Acts of the carrying trade to English
bottoms was no new thing. The idea that " the preservation
of Shipping and Nauigation, and the supporting and incour.
ragement of Marchants by the excluding of Strangers from
Shipping, and transporting our Commodities in theire Bottomes,
is verie considerable, in reason of State, and is agreeable to
seuerall Lawes and Statutes of this Realme, in that Case
provided," and the ensuing order " That noe Hearrings or
any other fish whatsoever, taken by any his majesties Subiects,
vpon any the Coasts or places of fishing, belonging to this
Kingdome or within the aforesaid fishings, of Newfoundland
or New England, shalbe from henceforth Shipt, or transported
in any Strangers Bottomes, but in English Bottomes onely,"
mark a restriction which, confirmed by the Act of 1660, did
not disappear till the nineteenth century.
PREFACE. Xix
The Act thus marks rather the culmination than the The .
mauguration of a poHcy, and its importance is due mainly to tioTJi^the'
its coming just at the period when the colonies were rising Actt^^''°"
to importance. Of its history after 1660, and of its bearing
upon colonial trade, this volume gives many instances. The
act was not interpreted in an iUiberal spirit. Numerous
petitions were granted, freeing from penalties those who had
transgressed formally or inadvertently {e.g., 606); in time
of war certain provisions were slackened or waived. Thus the
order of February 13, 1661 [504], allowing the New England
merchants to sail direct to Europe, on condition of bringing
the proceeds of their sales to England, shows a real sense of
the true principles of trade, in laying down that if they brought
back the proceeds of the goods, there was no need for the
goods themselves to be brought [c/. 990]. The order of
February 8, 1665, shows how the Dutch War compelled
the relaxation of certain clauses. On October 28, 1665, Samuel
Wilson is allowed to plead ignorance as a sufficient excuse
[662; cf. 608 and 644]. On December 11, 1668, a curious
case was settled, a ship built at Dunkirk during its
EngHsh occupation being made a free ship [817]. Yet the
stringency tended to increase [618], and was fostered by
mercantile cupidity masking under its usual guise of patriotism.
On October 23, 1667, the Dutch settlers of New York
were allowed to keep up a limited trade with the home land,
with three ships a year for seven years. The Enghsh
merchants discovered that this was the thin end of the
wedge, and would " haue an unhappy Influence by opening
a Way for fforrainers to trade with the rest of His Majestys
Plantations, and preventing the Exportation of the Manu-
factures of England, and thereby destroy his Majestys
Customes, and the Trade of this Kingdome, which is in a great
measure upheld by the Plantations " [812], and succeeded
on November 18, 1668, in having the privilege cancelled,
one ship for one year only being allowed, though on
December 11 [819] a second was allowed to sail. Soon
XX PREFACE.
after, on January 20, 1669, we find one of the first of the
numerous circular letters urging Governors of Plantations
not to be wanting to their duty.
Much of the trouble came from the question of the bearing
of the act on the outlying portions of the British Isles, Ireland,
Scotland, the Channel Islands, and during a brief space, of
Dunkirk. Thus, after a brief respite, on November 22, 166L [537]
the Scottish subjects of the King were excluded from the
benefits of the Act,* and the smugghng trade began between
Scotland and the colonies, which lasted till the Union, and
of which the complete history is still to be written. When on
March 6, 1665, the pressure of the Dutch War compelled the
relaxation of certain clauses of the acts, and neutral vessels
and crews were allowed to trade to or from any port in England,
Ireland, or Wales, a significant memorandum of the Clerk
reads " The word Ireland left out in the severall clauses per
22th instant." So on March 20, 1667, though an attempt was
made to improve Irish trade, the restraints on intercourse
with the plantations were left as before. See also 1287.
Similarly the orders of July 28 and August 4, 1671, and of
March 10 and 20, 1675, placed the Channel Islands outside
the benefits of the Act.
The Old But the poHcy of which the Navigation Acts were the
System. embodiment has been too long regarded as the exploitation of
its colonies by a selfish, or at best, ignorant mother-country.
Undoubtedly the control of colonial trade by a parliament
which sat at Westminster, in which the colonies were without
representation, and over which they could exercise no control,
was a grievance, and the sense of inferiority which it created
was one of the causes of the American rebelhon ; but the
ideal of Mercantihsm was much less that of a superior power
exploiting dependencies, or even that of a mother-country
exacting commercial obedience in return for naval protection,
than that of an Empire commercially self-contained, in which
each part suppUed that for the production of which it was best
* See however 841, and 848. *
PREFACE. Xxi
fitted. Hence the Colonists were encouraged at least as much aa
they were thwarted, though doubtless in their eyes the
restrictions were so many unjustifiable grievances, the bounties
mere matters of course.
Of this mingled restriction and encouragement the course Destruction
of the tobacco trade is an example. We have already seen Tobacco!
how colonial tobacco was at once restricted to the English
market, and given a preference over that from the Spanish
islands. But the history of the stamping out of tobacco-
growing in England is one of the best proofs that restrictions
were laid not on the colonies alone. There is nothing in the
climate or in the soil of England hostile to the growth of
tobacco, and early in the seventeenth century its cultivation
was begun. In 1619 (40) we find that it was largely planted in
the outskirts of London, a proceeding httle Ukely to be per-
mitted by the author of " A Counterblast to Tobacco."
In 1621 (71) all such tobacco was confiscated ; and early in
the reign of Charles I (148) we find it ordered "that noe
Tobacco be suffered to be planted within this Kingdome,"
the object of the order being expressly stated to be " the
better encouragement of aU English planters to goe on
chearfuUy in the advancing of any the Enghsh plantations."
Andthewarrantsof August 17(172), and of Septembers, 1626,
(176) and stiU more of July 10, 1627 (188) show that the
order was no idle threat.
On December 21, 1627, the order was repeated in more
stringent terms " that for the preservation and encouragement
of those Enghsh plantations abroad, no Tobacco shalbe
planted either in England, or Ireland, or any the Islands
thereto belonginge, nor any such tobacco shaU be brought,
or sold, altered or used, by any, but shaU be utterly destroyed,
and consumed " [197].
On September 28, 1628, a hah-comic interlude is supphed :— _
" Whereas his Majestie hath bin credibly informed, that the
Tobacco of the grouth of England and Ireland, and Dominions
thereof, is not onely found to be vnholsome for mens bodies,
Xxii PBEFACfi.
but a great hindrance, and tending to the ruyne and ouerthrow
of his Majesties Plantations in Virginia, and other partes
beyond the Seas, and being desirous, and willing, out of his
Princely Care, and Roy all disposition for the good of his
people, to be throughly informed before any further course
be taken . . . did command, and their Lordshipps
doe accordingly order, that the President, and the rest of the
CoUedge of Phisitions, shall assemble themselues together,
and after mature, and good deliberation, certifie their opinions
therein " [218]. The hint was apparently taken by the
medical fraternity, for we find later that they had declared
tobacco to be " noe victual! nor medicinable foode " [346].
During the Commonwealth the growth of EngUsh tobacco
increased, and centred at Winchcombe in Gloucestershire.
Various measures were indeed taken against it "on considera-
tion of the prejudice to EngUsh Plantations abroad, and to
the trade at home," but they do not seem to have been
rigorously enforced.*
On December 21, 1660, "An Act for prohibiting the Planting,
setting, or sowing of Tobacco in England and Ireland " was
read and approved, the main reason given being that it is
of great concern and importance that " the Colonies and
Plantations of this Kingdome in America be defended protected
maineteyned and kept up and that all due and possible
Encouragement be given unto them in regard the Strength and
Welfare of this Kingdome doe very much depend upon them by
reason of the Employment of a very considerable part of
Shipping and seamen and of the Vent of very greate
Quantities of its native Comodities and manufactures as
also of the supply of several considerable commodities which
it was wont formerly to have only from fforraigners and at
* See O.S.P. Domestic, s.v. Tobacco; and especially 1654: pp. 211-2,
229-30, where the inhabitants of Winchcombe petition that " it has been our
trade for 40 years." 1655 : pp. 100-101. 1658-9 : pp. 55, 104^5. In
Washboum's Biblioiheca Gloucestrensis p. 415 is a letter of the Council of
State to the Mayor of Gloucester for suppressing tobacco planting. The
Commonwealth Acts and Ordinances of April 1, 1652, September 3, 1653,
April 11, 1654, and a confirmation in 1656-7 are given in H. Scobell : A
Collection of Acts and Ordinances (London 1658).
PREFACE. xxiii
far dearer Rates And for that Tobacco is one of the maine
products of severall of those Plantations."* In March, 1661,
a proclamation was issued ordering the act to be put in
execution. The hapless people of Winchcombe struggled
hard ; not till the reign of James II was their prosperous
industry finally crushed, but the Council was merciless. The
course of the struggle may be traced in the Index. The
people of Winchcombe " gathering themselves together in a
riotous and tumultuous manner did not only offer violence
but had like to have slaine the Sheriff, Giving out, that they
would loose their Lives rather than obey the Lawes in that
case provided." [673]. Is it reading too much into the letters
of June 20, 1666, in which his Majesty complains that " the
stubborn spirits of Non-confoi mists are improved " [682]
by the continuance of the tobacco industry, to suppose that
the ringleaders in this riot were some of the old Commonwealth
men ? The local authorities were not unnaturally negligent
[713, 715], and first the mihtia, and then the regulars [616, 623]
were called into play, and for many years in June, July, and
early August, troops of horse trampled down the ripening
tobacco. At length the Council won, the last order for the
destruction of English tobacco occurring early in the reign
of James II. No better proof could be given of the desire
of the Council to aid colonial development than this long
continued struggle with the Midland farmers, in which the
scanty regular forces of the kingdom were so ruthlessly
employed. Though the centres of the industry were around
Winchcombe in Gloucestershire and Evesham in Worcester-
shire, orders for the destruction of English grown tobacco are
issued to no less than eighteen counties : — Kent, Essex,
Middlesex, Surrey [71], Nottingham, Buckingham, Lincoln,
York [176], Gloucester, Worcester, Wilts [188], Hereford,
Monmouth, Oxford [602], Warwick, Brecknock [682],
Shropshire, and FUnt [781].t
• This is Charles II, xii., Cap. 34. In 1670 a more stringent Act was
passed. Charles II, xxii. and xxiii., Cap. 26. ■ j .„ <j,„=b,x
Under the Commonwealth orders had also been issued to Sussex,
Kadnor, Montgomery, Denbigh See O.S.P. Domestic, 1655, p. 101.
XXIV
PREFACE.
Encourage-
ment of
Colonial
Industries.
Not that the Council looked with favour on the enormous
growth of the tobacco industry in the plantations. Frequent
efforts were made to divert the attention of the colonists to
other forms of agriculture, and though the results were
trifling, the attempts to stay a trade so gainful to the revenue,
with the object of establishing the colony on a more solid
and healthy foundation, are at least a proof of well-meaning
if somewhat grandmotherly unselfishness. By the letter of
October 24, 1625, the people of Virginia are urged to " vse their
best endevors, to bring all other Commodities of that
County to perfection, as Corne, Wine, Silke, Cotton, Salte,
Salt-fish, fflax Hempe, Indico, Woade, Madder, and the Uke,
wherein that they may proceede with the more alacrity wee
wilbe humble sutors to his Majestie, that he wilbe gratiously
pleased to ease or fauour them in his Majesties imposition,
vntiU the same may be brought to full perfection " [154 and
262]. The instructions giveil to Sir George Yeardley, the
next Governor sent out, urge him to use his best endeavours
" to cause the people there to applie themselves to the raising
of more staple Commodities " ; [162 (13)], and to Sir John
Harvey, his successor, the same instruction is given in more
detail [211 (13)]. After the Restoration the same policy was
maintained, and in 1664 orders were issued exempting from
duty for five years the hemp, pitch, and tar of Virginia and
Maryland [639].
The letter to the Governor of Jamaica of October 16, 1668,
urging him to pay special attention to " the Cherishing and
Preserving the Plants and Trees" on which were grown
"Pepper, Cloves, and other Spices," and directing that
" as any New Plants of that nature come to be discovered,
you from time to time send some of the severall Species, to the
Clerk of the Council attending, to be by him presented to the
Board, and that you make triaUs and take the best care you
can by Cultivateing and Transplanting to Improve them to
Pubhque Benefitt," shows that the Council, in its desire to
break down the monopoly of the Dutch Spice Islands, did
not disdain the functions of the Board of Agriculture.
PRBFACli. XX^
A more striking instance is the Order of April 11, 1620, in
which, " to the end that some of the wood landes might ^th
lesse charge be converted into pasture and arable, as also that
the Colony might be sett on worke the whole yeare," the
Company of the Newfoundland Plantation were permitted
" to transport thither the materialls to make barre yron, as yron
oare, stone and cinders, as also the instrumentes for that
worke, that thereby they might be incouraged to goe on
in their purpose of creating yron workes in that plantation ' '
[51 and 53].
The activity of the American State Governments, of various West Tndiep.
historical societies, and of individuals, has left little material
of importance unpubUshed for the history of the continental
colonies. More is added to our knowledge of the West Indies
and of Newfoundland, though the present volume covers
much the same ground as the early volumes of the Calendars
of State Papers. Many of the Orders deal with such matters
as the constitutional struggle in Jamaica (1677-82) and the joint
occupation with the French of St. Christopher, and we are
enabled to trace more completely the story of the 4^ per cent,
duty on all commodities exported from Barbados and the
Leeward Islands, originally imposed as a commutation of the
proprietary rights of Lord Carlisle, a burden under which these
colonies suffered till 1838. In the penury to which the Exchequer
of Charles II was reduced [1052] the most various charges
were placed to the account of this all-enduring impost. Lord
WiUoughby's instructions, issued on June 13, 1663, had told
him to urge on the planters " that some Returne of Profitt,
as well as Duty ought to be made us for our continuall and
unwearied care of them " [598(6)]. The care was perhaps
less unwearied than the desire for a visible return.
On May 20, 1668, Lord Willoughby is ordered to apply it
to the pay of the garrison [775]. On July 31, its collection
is put into the hands of Sir Tobias Bridge, the Colonel
of the regiment, and his letter of December [832] shows that
Sir Toby had no easy task. On November 18 compensation
XXVI
PBEB'ACE.
for the Pearl of Bristol is ordered to be made from " Your
Majesty's Revenue in the Charibee Islands " [813]. On
May 12, 1669, we have the first attempt of the island to shake
off its burden [852]; on December 22, the Barbados duty
alone is farmed out for 7,000Z. to Sir Charles Wheeler and others ;
the proceeds are to go " first to the support of the MiUtia
remaining there, and the satisfaction of their Arreares, and
next to the Satisfaction of all such Persons who have in those
Parts sustained losses of Shipps and Goods employed in his
Majesties Service in the late Warre"[881]. On September 22,
1671, the Assembly of Barbados desire that from it should be
defrayed the expenses of rebuilding the common prison,
which had faUen into decay [930]. Meanwhile the unhappy
garrisons, unpaid and unfed, were dying of fever, and
the recommendation of the Lord Treasurer [1052] that the
expenses of the garrisons of all the Leeward Islands be
paid out of the Barbados duty was httle better than a mockery.
The last charge put upon it in this volume is given under
November 28, 1679, when 1,500L is ordered to be paid out of
it for the building of forts in the Leeward Islands [1317].
Spain and Meanwhile in the cockpit of the Caribbean, EngUshman,
in"thT Dutchman and Frenchman wrangled fiercely with the Spaniard
West. Indies. ^^^ ^^^ mastery. Spain still claimed lordship of the Indies, and
the smuggUng of the English merchants, the logwood cutting
in Yucatan, and the lawless cruelty of Spanish captains kept
alive the irritation which endured for more than a century.
The latter part of this volume is filled with complaints of
violence, and with demands for letters of reprisal. But though
letters of reprisal did not constitute an open declaration of
war, they tended to lead to one, and Charles II showed an
unwilhngness to issue them which, if chiefly due to laziness,
was not without a touch of the enlightenment and even
heroism which made him in a sense the forerunner of Walpole.
Of this a good example is seen in the case of the Virgin.
On October 24, 1673, on the petition of the owners that the
ship had been seized in May near Havana by Spaniards under
tEfiPACE. xxvii
the renegade Philip Fitzgerald, the Council gave order that
representations should be made at the Court of Spain [970].
The Governor of Jamaica had already in July vainly sought
redress at Havana, where the ship had been condemned and
sold as prize [1164]. On December 5 the Council directed
that instructions be given to the Ambassador at Madrid to
demand reparation [972], and on February 27, 1674, the case
with several others was referred to the Committee of Trade
and Plantations [984], whose report, read on March 11,
suggested that if redress " be denyed or unreasonably delayed
His Majesty cannot in Honour or Justice deny his
Subjects the Liberty of taking such course for their reparation,
as is agreeable to the Law of Nations by way of Reprizall,"
and was ordered to be given to Lord ArHngton for use
in obtaining satisfaction [984]. In April, however, the
Spanish Council of the Indies confirmed the sentence of the
prize court. On July 3 Edmond Cooke master of the vessel
prayed definitely for letters of reprisal, but it was ordered that
the issue of these be postponed while a special envoy was sent
to press the case at Madrid. Should this last attempt at
peaceful settlement fail, the desired letters were promised
at the end of four months [996]. Cooke was accordingly
sent to the Spanish Court, his credentials appearing in a letter
to Sir Wm. Godolphin calendared in C.S.P. III. 1335.
In C.S.P. IV. 640, forty documents relating to Cooke's nego-
tiation at Madrid are summarised, but no success was
achieved, and after nine months the owners petitioned for
his recall [1024]. This seems to have alarmed the Spanish
Court, and on July 2, 1675, the Queen of Spain gave Cooke
a despatch for Havana [1164] but as the owners regarded
this as "having not the least prospect towards Satisfaction,"
they again appealed for letters of reprisal, and after the
Spanish envoy had been duly notified the case was ordered
to be heard immediately on his Majesty's return to Whitehall
[1033]. On his return in September Cooke gave a verbal
report to his Majesty [1048], and on September 30 was
XXVIU PREFACE.
heard by the Committee, when the matter was referred to Sir
LeoUne Jenkins, Judge of the Admiralty [C.S.P. IV. 687].
On December 1, though the letters of reprisal were still
delayed, Cooke was granted a chain of gold for his services
at Madrid [1048], and on January 14, 1676, a Flemish-
built vessel of 300 tons was made a free ship for him in
consideration of his losses [1055]. On December 3, 1675,
the Council had ordered that the Spanish envoy be
informed of his Majesty's resentment and intention no longer
to defer the issue of letters of reprisal (C.S.P. IV. 730);
yet nothing was done, and in February, 1676, it was
ordered that the owners be given a copy of Sir L. Jenkins'
report of October 8, 1675 [1060], which stated his
opinion " that Captain Cooke must prosecute the effect
of those two sentences at the Havana, and must affect
the Ministers of Justice there with a denial to execute the
Queen's Commissions, or else with such delays as amount to
a flat denial, before his cause be ripe for granting reprisals "
(C.S.P. IV. 693). Nothing further is heard of the case till
in May, 1677, Sir Robert Southwell made a report to the Lord
Treasurer (C.S.P. V. 205. II.). On July 13 the owners
petitioned for, and were granted, a further hearing [1153].
On the 18th Sir WiUiam Godolphin was directed earnestly to
press the Spanish Court to make satisfaction or to give their
reasons in writing why they refuse the same, contrary to the
Treaty [1152], and, on the 24th, it was ordered "that he
do vigorously insist for satisfaction, and let them know His
Majesty hath under his Consideration the Granting of them
Letters of Reprizall, and must give effectuall Order therein,
if speedy justice be not done them " [1102]. Godolphin's
memorial in accordance with these Orders is dated
August 10, 1677. The Spanish answer (February 15, 1678 :
C.S.P. 577. i.-ii.) was a repetition of the former unsatisfactory
commission to the Governor of Havana granted by the Queen to
Cooke. Meanwhile the whole matter was examined by "Sir
Richard Lloyd, Surrogate Judge of the Admiralty and
Sir Thomas Exton of his Majestys Councill in the said Court,"
PREFACE. Xxix
whose report again threw the blame on the Spanish Government,
and suggested that another application be made to the SiJanieh
Court and six months allowed them before the issue of letters
of reprisal. This report was forwarded to the Ambassador at
Madrid with directions to refrain from making use of the
suggestion of reprisals [1164]. The last mention of the Virgin
in the present volume is the recommendation to the
Secretary of State in March, 1678, "to take Care, that in the
Treaty with Spain now under consideration some Provision be
made for satisfaction of the great Losses and Damages susteyned
by the Petitioner " [1206], but on November 17, 1680, a
petition of the owners for payment of damages and of
2,000L expended in the seven years' prosecution of their claims
was referred to the Committee (C.S.P. V. 1591 and 1626),
and on their report, on 11 August, 1681, Sir Leohne Jenkins is
directed to press the Spanish ambassador for satisfaction, and
to send a statement of the case to the English ambassador
at the Court of Spain.
Newfoundland, " the sport of historic misfortune," figures Newfound-
prominently in this volume, which throws not a httle light '*"'^'
on the history of the long dispute between the planters, or
early settlers, and the merchants of the Western Ports.
The view that the early settlers were a race of Hampdens, who
withstood the cruelty and persecutions of the bloody and bar-
barous Stewart, has been expressed with great force and
learning by Judge Prowse, the historian of the island,* and
faUs in with the popular colonial theory that it is the
undoubted right of every Englishman to settle where he likes,
to behave as he sees fit, and to call upon the Mother Country
to foot the bill. But there is another point of view, put
forward by the Devon and Dorset merchants, as early as
1618 [31]. To them the planters were a lawless rabble, who
lived largely by robbing the fishing fleet, and who debauched
the seamen by setting up drinking shops and brothels.
On January 24, 1634, a long list of laws (calendared in C.S.P.
I. p. 173-4) was submitted by Attorney General Noye, which
* Newfoundland, by D. W. Prowse. (MaoMillan & Co., 2nd edition 1896.)
XXX PEEP ACE.
seems to show that the planters " Upon Conceipt, that for
wrongs, or Injuries don there, either on the Shore, or in the
Sea adjoyning, they cannot be here impeached," Hved at
least as much by depredation as by fishing or farming.
The list of their misdeeds is too long to quote, but one section
so exactly describes what has happened in every frontier and
seaport town the world over that it may be reproduced : —
" That no person doe sett vpp anie Tauem for selling of
Wine, Beare, or strong waters, or Tabaco to entertaine the
iBshermen because it is found that by such meanes they are
debauched, neglecting, and poore euiU gouemed men, not
onely spend most part of their shares before they come home,
vppon which, the life and mayntenance of their wife and
Children dependeth, but are likewise in diuers other wayes as
by neglecting, and makeing them selues vnfitt for their Labour,
by purloyning and stealing fiom their Owners, and by makeing
vnlawfuU Shifts to supphe their disorders, &c., which disorder
they frequently follow, since those actions haue presented
themselues " [323].
A further report of the Committee of Trade and Plantations,
approved on May 5, 1675, states that the planters " do most
of them sell wine and Brandy, whereby the Seamen are
withdrawne from their Labor, and many seduced to stay in
the place, while their Familyes do thereby become Burthens
to their respective Parishes, at home " [1023].
A httle later (April 19, 1676) the Heads for Enquiries to be
made by the Commander in Chief on the Newfoundland
Station puts the blame chiefly on the good folk of New England.
He is directed to inquire—" Whether the New England Men
bring not Brandy and Wyne from the Madera's, and Rum from
home to debauch the Pishers,who (as is represented) doe thereby
run greatly in debt, and are forc't to sell themselves to the
Planters in New-found Land for the payment of their
Debts " [1073].
At least it seems clear that if the aversion of the West
Country merchants from the settlement of Newfoundland was
due to a selfish desire to monopolise the fisheries, and if they
PREFACE. XXXI
vilified its climate and resources in the same way as the
Hudson's Bay Company in later years did those of the Canadian
West, the early settlers of the island were in the main a pack
of rum-selling ruffians, on whose misfortunes no very great
pity need be expended.
Though most of the papers have been calendared in C.S.P- Canada.
Am. and W.I., 1574-1660, some new Ught is thrown by this
volume on the history of the British occupation of Canada
from 1629-1632.* In 1628 David Kirke had attacked and
destroyed the French provision fleet off Gaspe, and he and his
partner William Berkeley, afterwards Governor of Virginia,
seem to have shown some harshness to two of the prisoners,
whose hberation was ordered, though security was taken from
them not to depart the Kingdom till ransom had been paid
[223, 224, 227]. On July 20, 1629, Quebec surrendered to
Lewis Kirke, his brother's lieutenant ; and on October 28
the French Ambassador petitioned the board on the behalf of
Emery de Caen, a Frenchman, who had already begun suit
against Kirke and his fellow adventurers in the Admiralty
Court, claiming that some of the goods brought home by
Kirke were his private property, " the English claymeing
them, by way of Trade and barganing. And the French
affirming, that they took them away by force " [236]. The
goods were accordingly sequestrated, and an official lock put
upon the warehouse to which the merchants had removed them.
The lock was soon wrenched off, and possession of the goods
retaken by the Adventurers. Prompt submission and
restoration of the goods was at once ordered, " And because the
Board did thinke fitt and resolue that an Insolencie of soe
high an natiwe, in Contempt of all authoritie and gouernment
was not to be past ouer without some exemplarie punishment.
It is ordered that the Judge of the Admiraltie should by
Examination vpon oath or otherwise inquire and find out, who
were the principall Actors in the breakeing open of the said
* " Tlie First English Conquest of Canada," by Henry Kirke, M.A. (first
edition 1871, second edition 1908), is really a life of David Kirke; the author
has consulted the papers in the Record Office, but does not seem to have
known of the Council Register, and hischronology is sometimes confused,
Y^ -yi J PREFACE ,
Warehouse, and carrying away the said goods, and therevpon
make Certifficate to the Board, to the end such further course
mought be taken for the punishing of tliem as theire llordshipps
shaU find cause " [231].
The goods which consisted of " certaine Beauer Skinns,
flfures, Coats of Beauvor wool ' ' [236] and deer-skins [235] were
evidently restored, for on November 10 their strict sequestration
is ordered [233]. On December 2 the Adventurers represent
that the goods are fast rotting away owing to the dampness
of the warehouse [234], and this having been found true at
least in part, the sale of such as are perishable is ordered,
the money to be deposited in the Admiralty Court [235].
On January 22, 1630, "Uppon a long heareing, and debate at
the Board," a new order is made that such as are perishable
shall be sold. " And lastly for the better and quieter sale of
the said goods, their Lordshipps thought fitt and ordered,
that none of the said parties shalbe present at the sale of the
said goods, but both parties to appoint some sufficient parties
for either side. And for the residue of the said goods, which
are drye and well conditioned, and out of danger suddenly to
decay, or be impaired either in qualitie or value. Their
Lordships thought fitt they should remaine vnder such locks
and custodie as they are at this present" [236].
Six days later, however, part of the order is rescinded
and permission to attend the sale given to both parties [237].
On February 3, however, the Board found that their order
" had beene eluded and disobeyed," and " that the carriage
of the said Merchants hath been indirect and Refractorie to
the said orders " [239] ; they accordingly confirmed the order,
and appointed the Clerk of the Council with two others to
see to its performance ; "on which behalf e the said
Marchants and everie of them, are hereby expressly charged
and required to perniitt and suffer the said Sir William Beoher,
Sir WiUiam RusseU, and such others as shalbe by them
appoynted to assiste therein, to enter into any of the Store-
houses, and places wher any the said goods are ; And in
PREFACE. XXXm
case of theire Refusal!, the said Sir William Becher, is hereby
required and authorized, to commaund any Constables, or
other officers to assist him, in the breaking open of the Locks
or doores of the said warehouses."
But while the offenders were vigorously prosecuted, the
nobler side of their enterprise was not forgotten, and in spite
of an embargo due to scarcity at home, they were allowed to
send provisions to " diverse of his Majesties loving subjects,"
whom they had left behind " in those partes ; upon discoueries.
Plantations, and other designes " [242].
By April an agreement had been come to that the furs were
to " bee sold to the said Generall de Caen for twentie fiue
shillinges sterling the pound ready Money, to be deposited in
the hand of the said Lord Mayor " ; and certain expert furriers
are appointed by the Board to supervise the inventory and
the weighing [244]. At the last moment, however, the mer-
chants proved refractory, and on May 18 the Board writes
angrily to the Lord Mayor to summon them a second time,
and if they still refuse to break down the warehouse door,
and deliver the goods to de Caen [246]. Ten days later, the
second summons having been unheeded, order for promptly
breaking open the warehouses is given. But the steed had
already been stolen, for when the doors were forced but a
small quantity of the furs was there. For this high contempt
one Thomas Pitz, a minor member of the company, was at
once brought before the Board, and committed to the Fleet.
Fitz at first refused to tell either where they were or to produce
his accounts showing to whom they had been sold [248] ;
whereupon a week later the Clerk of the Council and
a Sergeant at arms are ordered to require him to "deliuer
vnto you the said Books of Accounts ; which if he shall refuse
to doe. That then by virtue of this our warrant, you breake
open the doores of the house or Studdie of the said ffitz :
where the said Books are remayneing, and the same to take
and bring with you vnto Mr. Atturney Generall " [249].
Pitz still showing " greate contempt and affront of all
XXXiv PREFACE.
authoritie and justice," the Attorney General is ordered to
proceed against him in the Court of Star Chamber [251].
This threat brought submission. Fitz with some difficulty-
restored the skins to his warehouse, and on July 4 was set
at liberty [254-5].* The Board had evidently no desire to
be hard on the Adventurers, for when in the autumn a demand
was made by the French ambassador for the sequestration of
the goods brought from Canada by the ships of the Company,
their Lordships found " no cause to grant the sequestration
desired," and merely requested the Adventurers to deposit a
list of the goods brought with the Judge of the Admiralty
[260].
Interlopers The Adventurers were soon to find that lawlessness had its
in Canadian
Trade. disadvantages, and on October 14, 1631, appeared before the
Board to protest against certain interlopers, imauthorised
traders who were the torment of all the monopolists and
chartered companies so favoured by the Tudors and Stewarts.
Bond was taken of the interlopers not to depart without
warrant from the Board, and further consideration of the
matter was referred to Mr. Sergeant Berkley, Sir WiUiam
Becher, and Sir Edward Nicholas [279]. A fortnight later there
is a new complaint against other interlopers, among whom was
the well-known Maurice Thomson, whose goods the Board
ordered to be seized on arrival [281]. On November 16
the matter is referred to Sir Henry Martin, Judge of
the Admiralty Court [283], and nothing more is heard of the
Committee of Three. The interlopers, however, proved as
contumacious as the Adventurers themselves had done on
an earher occasion, and on January 18, 1632, the Adventurers
report that in spite of former orders "the said Ricroft is
gone to Canada, sent out by Maurice Thomson, and John de
la Barr, who knew he was vnder command, and Captaine Man
absenteth himselfe and cannot be found, and that Richard
other? foLl-rfS'"''"'' ^.^^ is^"ed -'to Lord Keeper Coventry and
ntw A ^''''™^ Thomas Fitz, and to discover what beaver skhis or
other goods were brought in by Captain Kirke." [C.S.P. DomestL. 1629-31,
Smnlv to th! '''^^'!°' ^^ liberation [25-t-5] makes no reference to this, but
simply to the report of the Attorney General.
PREFACE. XXXV
Brereton, and Maurice Thomson refuse to be examined, con-
trary to the orders of the Board ; Their Lordshipps taking
notice of this complaint, and withall the contempt of the said
Interlopers, considering that the said Companie had bin at
great charge in takeing of the Countrie, and maintaining the
same to his Majesties vse, at their Lordshipps command ; did
order that all the parties that haue not already bin examined
should be examined by Sir Henry Martin according to former
orders of this Board, and that the names of all those who shall
in this case refuse to be examined be retourned, and the
parties who are mentioned in the former orders should attend
the Board the 25th of this present " [287].
On the 22nd February, on the matter being discussed,
" Inasmuch as it was insisted on by the said Interlopers, that
the said Adventurers had noe Patent or Commission which
did appropriate that Trade wholly unto them, the contrary
whereof was affirmed by the said Adventurers, and alsoe that
they had severall orders of this Board for the better authorizeing
and strengthening of them in the pursuite of the said Trade.
It was thereupon thought fitt and ordered that the said Judge
should examine the truth thereof, as lykewise of the Contempt
of the said Interlopers And that both sides
attend the Board on ffryday next " [290].
After some delay owing to the illness of the Judge [294],
full satisfaction was given to the adventurers on July 25, 1632,
[296], and on further delay being interposed by Maurice
Thomson, he was threatened with the Marshalsea [297].
Meantime, in April, 1632, by the Treaty of St. Germain-en-laye,
Canada was restored to the French in return for payment
of the dowry of Henrietta Maria, and on November 21
[298] we find the Adventurers pleading that in return for their
heavy losses at the capture of Quebec they may be granted : —
"royaU letters Patent accordingly, vizt. : for sole trading in
the GuKe and River of Canada, and partes therevnto adiacent,
and to place a Colony and fortresse there if they thinke fit,
from the latitude of fourty foure degrees to the latitude fifty
foure degrees for one and thirty yeares." His Majesty having
XXXVl PREFACE
referred the petition to the Board, their Lordships refer it
to Mr. Attorney General, with instructions to examine into
the matter, and to report " with the best expedition " [298].
The adventurers now fell to quarrelling among themselves,
the greater party being represented by Sir Wm. Alexander,
the Ktrkes and Berkeley, while certain Scottish adventurers
formed another section, and tAvo malcontents a third [300J.
On December 12 the patent desired was granted to the larger
party, the Board expressing a charitable wish " that the said
Scottish Aduenturers should ioyne in the said Patent, and
Trade, if the parties cann agree amongst themselves " [301].
A caution was also inserted that no Treaties of his Majesty
with his allies were to be infringed, quahfied, however, on
December 22 by the declaration : " yet neuerthelesse that it
may bee lawfull for the said Patentees their Deputies or
Assignes to defend themselues in case they shall bee assaulted
by any contrary to his said Treaties " [304]. And so the
curtain drops on the first British possession of Canada.
The affair from first to last evidently excited great interest,
and the large attendance at the Council during its continuance
is noticeable.
Pim^" Many more points might be touched on. In some of these
dull extracts are concealed stories of heroism tales of dangers
of the sea faced with Enghsh courage. The sailor of the
times of Charles II had many foes, pirates in the West
Indies, pirates in the Red Sea, Algerines in the Mediterranean,
who pushed out into the Atlantic and at times came up into
the narrow seas, dangers of war and shipwreck. What ship
in fiction had more manifold changes of fortune than the
King David, sailing from Newfoundland to Tangier ? " Being
vpon her said Voyage to Tangier shee was Mett with off Cape
St. Vincent by the Argier Pirats, and there after Three days
resistance Boarded by Seventy Moores which they kiUed and
Drowned, after mett with Five Pirats more, when they
were forced to Surrender, but some dayes after were retaken
by Captaine Kempthome ; but he meeting with Six Piratts
more, was forced to leaue the Petitioners Shipp, after which
PREFACE. XXXvii
shee was retaken by the Turkes, and then retaken againe by
Sir Thomas Allen, who sent her into Malaga, and hath giuen
order to Sell the said Shipp with her Lading ; " her owners
therefore pray that "in regard the said Shipp hath so
well Defended her selffe The Master, Edward Clements,
being made a Slave, And that the Mariners are still on
Board her, both Shipp and Lading may be Eestored to
the Petitioners or their Order, by Sir Thomas Allen and his
Agents .... the Duke of York . . is desired
and Authorised to favour the Petitioners what he may in
order to the Restitution of their said Shipp and Ladeing,
and to giue such Directions therein as to his Royall Highness
shall seeme fitt and just." [885].
On July 15, 1670, " His Majesty was pleased to Declare,
That the Proceed of all Turkes and Moors, which are, or shall
be taken by any of his Majestys Ships of War, and haue or
shalbe sold, be employed towards the Redemption of such
of his Subjects as are Slaves at Argiers." The Master, Super-
cargo, and 24 mariners of the King David are to be the first
so ransomed, and order is given that " for the future such as
haue made the best and gallantest Defence before they fell
into the Enemies hands haue preference in redemption out
of the said Monies before any others " [894] ; an order
which shows the curious state of affairs caused by the
existence of a nest of pirates with whom peace was impossible,
but whose extermination was forbidden by international
jealousies, each nation being unwilhng to proceed to
extremities against a power whose depredations upon her
rivals were often so convenient.*
In conclusion, the Editors must thank those to whose
generosity the publication of these volumes is due, and the
numerous friends whose suggestions and advice have been most
helpful. A divided editorship has certain advantages and certain
drawbacks. We trust that the latter are not unduly apparent.
Privy Council Office,
September 22, 1908.
* For the relations between England and Algiers, see Sir R. L. Playfair,
The Scourge of Christendom (1884),
( xxxix )
ERRATA.
Page 156, line twelve, jor " 20 September " read " 30
September."
„ 310, line four, far " ^j and 12 " read " Ij 1 and 2."
,, 365, line ten, for " [pp. 436-439.] " read " [pp. 437-
439.]."
„ 409, line two, for " (620).] " read " (602).]."
,, 504, line fourteen, for " {cf. 885)" read "{cf. 825)."
„ 655, line ten, after " 828 " delete " i."
„ 663, line eighteen, for " [C.S.P. IV. 89.5] " read
"[C.S.P. IV. 895.]."
ACTS
OF
THE PRIVY COUNCIL (COLONIAL;.
ACTS OF THE
PEIYY COUNCIL (COLONIAL).
JAMES I. VOL. T. (1 May, 1613—31 May, 1615.)
1613.
[1.] Greenwich, 12 July : Present : — Lord P. Seale, Lord
Chamberlen, Lord Zouch, Lord KnoUis, Lord Wotton, Lord
Stanhope, Sir Julius Csesar.
A Letter to the Lord Deputie of the Realme of Ireland. Newfound-
Your Lordship shall vnderstand that the Queene Regent
of ffraunce hath by her Letters complayned to her Majestie
of great wronges Done to the Subiectes of that Kingdome
the last yeare by the English in their ffishinge at Newe-
found-lande, in takeinge their ffish from them, and offeringe
violence and Disturbance vnto them in their peaceable Trade
of ffishinge, which they have vsed there (as is informed) tyme
out of myhde : and by the Ambassador here resident here
with his Majestie for that Kinge the matter is pressed with
much importunitie for restitution, and such other satisffaction
as is meete in a ease of this nature conceminge the Subiectes
of a Prince, that is in such Amitie, and fireindshipp with his
Majestie whereof consideration beinge had it is not conceaued
what preiudice, or incommoditie at all the Enghsh haue Done
vnto them, either the last yeare, or at anie tyme before ;
vnles it bee that which happenned vnto them there by Easton
the Pyrate, and his Consortes, which is the rather belieued
for that the complaine there were then Diuers Barques
taken from them which are yet kept, and Detayned. Con-
cerninge which it is not vnknowne to your Lordship that
4 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1613.
there was a smale Shippe of the burthen of fiftie Tonnes called
the Katheren of Clone brought into the Harbor of Eansale
by Gilbert Roope the Pyrate, and one of Eastons Consortes,
which Shipp is there remayneinge. fforasmuch as this poore
man the bearer hereof Christopher Berocke hath made proofe
in his Maiesties hiegh Courte of Admiraltie here, that the
said vShipp, and ffurniture Doeth belonge vnto him, and
accordingly hath a Comission graunted out of that Courte for
restitution thereof : wee Doe therefore hereby pray your
Lordship to giue order for the Due execution of the said
Comission, that the poore man may find that reliefe, as to
Justice, and good reason shall appertaine : Whereof wee pray
your Lordship to take notice, the rather in respect it is
informed that one Marlott hath combyned with the said
Roope purposely to Defeate the petitioner of that smale shipp,
which is all the livinge hee hath.
[/o. 4P. Tl 1.]
[2.] Greenwich, 12 July : Present : — Lord P. Seale, Lord
Chamberlen, Lord KnoUis, Lord Wotton, Lord Stanhope,
Sir Julius Caesar.
Newfound- A Letter of Assistance with generaU Direction for the fuU,
and Due executinge of a Comission graunted out of the hiegh
Courte of Admiraltie for restitution of a smale Shipp of the
burthen of 50 Tonnes, or thereaboutes, called the Katherine
of Olon in Srance which beinge sett forth to fish in New-
found-land was there taken in May 1612 by Peeter Easton,
and Gilbert Roope Pyrates, and brought into the Realme
of Ireland, and there left in the Custodie of one Marlot, and
vpon proofe made that the said Shipp and ffurniture did
belonge to Christopher Berock to whom the Comission was
granted.
[fo. 41b ^ 3.]
[3.] Whitehall, 1.5 July: Present :— Lord Archbishop. Lord
Chancellor, Lord P. Seale, Lord Chamberlen, Lord Zouch,
Lord KnoUis, Lord Wotton, Lord Stanhop, Sir Ju. Caesar,
Sir Tho. Parry.
1613.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 5
A Letter to Mr. Sollieitor generall. Wee send you Guiana
herewithaU twoe Petitions the one exhibited to the Kinges
Majestie and the other to vs of his Councell by Robert
Harcourt esqr. wherein hee Desireth Letters Pattents from
his Majestie of a parte of Guyana in the West Indies,
haueinge heretofore with greate travaile and Charge discovered
that Contry and inhabited there by himself and his freinds
for the space of these three or foure Yeares last past and still
houldeth the possession thereof without impeachment or
interruption whereby he hopeth in shorte tyme to plant that
Contry with his Majesties Subiects to the greate benifitt of
this Kingdome by the increase of Trade, and the reduceinge
of that People to civility of life and Christianity, ffor asmuch
as it seemeth a matter worthie Consideration, and carrieth
hope of benifite and good endeavour as well by the enlarge-
ment of Trade as by imployment of shippinge and Marryners,
And that it is informed that those Contrys are not actually
possessed or inhabited by the Subiects of any Christian Prince
or State in Amity with his Majestie Wee haue thought
meete hereby to pray and require you to draw a bill ready
for his Majesties Signature containinge a Graunt to the said
Robert Harcourt and such others as he shall name vnto you
of aU. that parte of Guyana, as it standeth Limitted in his
Petition to his Majestie, together with such Cautions, Limit-
tations and Priviledges, as are contained either in the said
Petition or the Letters Patents formerly graunted for Vrginia
and the Plantation for Newfoundland, And as may stand
with the furtherance of the said intended Plantation and
the honor of his Majestie ffor which this shalbe your
warrant.
[/o. 43"- If 1.]
[4.] Windsor, 22 July: Present: — Lord Archbishop, Lord
Chancellor, Lord Chamberlen, Earl of Shrewsbury, Lord
Viscount Rochester, Lord Stanhope, Sir Jul. Csesar.
A Letter to the Judge of the Admiraltie. Whereas Newfound-
the Kings most excellent Majestie for the suppressinge
6 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1613-14.
of Pyratts which haunt and frequent the Seas to the
quiett and disturbance of the pubhque traffique and Trade
of his Majesties Louing Subiects, hath authorize our
very good Lord the Lord High Admyrall of England to
graunt and make fourth vnder the Seale of the Admyralty
Comission to such person or persons as shalbe thought meete,
by which they may be warranted and haue fuU power and
authority given them to presse and take vpp as many Shippes
and other Vessells furnished and provided in such manner
as may be sufficient for the apprehention and takeinge of all
such Pyratts in all Places where it shalbe expedient. And
for as much as Complainte is now made to the Board by the
Company of Marchants tradinge Newfound Land of greate
damage and losse they haue lately received to the value
of 20,400?. by divers Piratts haunting those partes Humbly
desiring that a Comission may be graunted them to sett
fourth a Shipp of warr to defend and guard the Sea coasts
of Newfoundland, and the same to be mayntained at the
costs and Charges of the ffishing ffleete which request being
iust and reasonable for security of their quiett course of trade
there wee haue thought meete to condiscend therevnto, and
do hereby pray and require you to graunt fourth a Comission
out of the High Courte of Admyralty contayning a warrant
vnto the said Company to sett fourth a Shipp of warr for the
suppressinge and apprehending of all such Piratts as roue
vpon the Seas to the generaU. preiudice of trading and
Marchandizing ffor which this shalbe your warrant.
[fo. 47.]
[5.] Whitehall, 4 January : Present : — Lord Chamberlaine,
Duke of Lenox, Earl of Worcester, Lord ffenton.
Virginia. A letter to Sir Thomas Smith. Wee haue lately receiued
diuers Complaints exhibited by the ffrenohe Embassador on
the behalfe of Certaine ffrenchemen of Rochell, St. John de
Luz and others, some of them Concerning outrages Committed
vpon them (as is alleadged) on the Coast of Canada by Captain
Argall employed for Virginia, others in their fishing voyage
1614.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 7
towards Greenland by one Captain Benjamin Joseph, who
Commaunding a Shipp of the Muscovie Companie this last
Sommer found some of those ffrenchemen in those parts and
tooke from them a greate quantitie of Trayne and Whale bones
wherewith they had laden their Shipp, and sent them away
emptie as appeareth by the memorialls presented by the
ffrenche Embassador which wee send you heere withall.
fforasmuche as it wilbe expected that his Majestie should forth-
with giue some satisfaction to the sayd Embassador touching
theese Complaints. Wee haue thought good first to require
you to acquainte some of the Councell of Virginia heere
withall, as also some of the Muscovie Companie, so farr as it
Concernes eyther of them respectiuely, and to retourne vs
their seuerall and particular answers vnto eache of them
with all expedition, that the Embassador may likewise receiue
his answer from his Majestie or this Board.
[/o. 116. H 3.]
[6.J Whitehall, 23 January : Present : — Lord Archbishop of
Canterbury, Lord Chancellor, Lord Pr. Scale, Lord Cham-
berlaine, Lord Knollys, Lord Wotton, Lord Stanhope, Sir
Jul. Csesar.
The answere of the Uords of his Majesties Privie Councell Virginia,
vnto the complaynts exhibited by the Lord Embas-
sador of ffrance touching spoyles and other violences
supposed to be committed by his Majesties Subiects
of great Brittaine vpon the subiects of France, on
the Coast of Greeneland and Canada,
ffor the matter of Canada their llordships having required
the Treasurer and Councell of Virginia whom it concernes
to make answere therevnto, they say that since the Moneth
of June, they haue not received any shipp, or advice from
Virginia, whereby they cannot be informed of any such
misdemeanours but vpon Captain Argalls returne whom they
expect about the beginning of the Spring, or vpon any other
notice of the fact (whereof they wiU seeke to be informed
by all the meanes they may) they will certifie their llordships,
8 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1614-5.
wherevpon suche course shalbe taken, for restitution and
punishment of the offendors, as shalbe to the good satisfaction
and contentment of the sayd Lord Embassador and the parties
interessed. [/o- 121.
f ^ 1 & 5.]
The ship
Catherine.
" The Lord
Deputy of
Ireland,
made
acquainted
with this
busines,
and knew
noe cause
but that
the said
Birush
might be
discharged.'
Virginia.
[7.] WTiitehall, 10 May :
Whereas Christopher Birushe of Clone within the Ivingdome
of ffraunce, and Martine fioster of DubUn Marchante did
become bound in a bond of 1001. bearing date the 10 of
September 1613 unto Sir Wilham Ussher Knight Clarke of
his Majesties Privy Councell in Ireland, that the said Birushe
should make his personall appearance within six monethes
after the date thereof before the Lords of his Majesties Most
honourable Privy Councell here in England, and to submitt
himself to such order, as should be taken touching a Controursie
depending betweene the said Birushe and one WiUiam
Marlott for a Shipp called the Kathren of Olone. iiorasmuch
as the said Birushe, hath now presented himself before their
Lordships, and shewed good testimony that he could not
tender his appearance Avithin the tyme Limitted by reason of
Sickness - and other hinderances, .... In regard
whereof and for that there hath been no Suite made
to their Lordships by the said Marlott or any others concerning
that Shipp, nor any other Cause knowne whie he should attend,
he is therefore dismissed of any further attendance on their
Lordships in respect of the said Bond, which is hereby dis-
charged, [/o. 159b. ^ i_j
[8.] Yorkhouse.Thursday afternoon, 16 February: Present:—
L. Archbisshop of Canterbury, L. Chancelor, L. Treasorer,
E. of Worcester, E. of Pembroke, L. KnolHs, L. Wotton,
Mr. Secy. Winwood, Mr. Chancelor of the Exchequer, L. Cheife
Justice, Master of the RoUes, Sir Tho. Lake.
Wheras it pleased their Uordships some Moneths past, at
the humble suite of the Company of Virginia, to gyve order
for the writing of certeine Letters vnto the seueraU Cittyes
and Townes of this Kingdome, inviting and perswading the
1615-16] ACTS OP THE PRIVY COUNCIL (COLONIAL). 9
Inhabitants there, to adventure in a certejoie Lotterye such
Somes of monye as they should tliinck fitting, according to
the Rules enclosed in the sayd Letters, therby the better to
enable the sayd Companye to proceede in that Plantation
of Virginia : And for asmuch as vpon further consideration
it was eomaunded by the Boarde, that stay should be made
of the sayd Letters, vntill further Order might be gyven on
that behalfe : It was this day (vpon the humble Suite of
Sir Thomas Smith, with the rest of the Company of Virginia)
thought fitting, and so accordingly ordered, that the sayd
Letters should furthwith be deUvered vnto Sir Thomas
Smyth, to the end they might be sent and dispersed
according to their seueraU directions.* [/o. 273. •! l.j
[9.] Greenwich, 26 May ;
[The imposition of two shillings upon every pound of Tobacco.
tobacco imported into the Kingdom is to come into force on
1 June, and not before.] [/o. 315. ]J 1.]
JAMES I. VOL. IL (1 June, 1615—31 March, 1617.)
[10.] Whitehall, 19 March: Present : — Lord Tresorer, Lord
AdmiraU, Lord Chamberlaine, Mr. Secretary Winwood, Mr.
Secretary Lake, Mr. Chancellor Exchequer.
A Letter to Sir Walter Raleigh. His Majestie out of his Sir \yalter
rlaleigh.
gratious incUnation towards you, being pleased to release you
of your ymprisonment in the Tower to goe abroade with
a Keeper to make your provisions for your intended voyage,
wee thinke good to admonishe you (though wee do not
prejudicate your owne discretion so much, as to thinke that
you would attempt it without leaue) that you should not
presume to resort either to his Majesties Court, the Queenes,
or Princes, nor goe into any publique assemblies wheresoever,
without espetiall hcence obtayned from his Majestie for your
* For one of these letters see C. S. P. L p. 17. 22 Feb. 1615.
10 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1616-17.
warrant, But onely that you vse the benefitt of his Majesties
grace to foUowe the businesse which you are to vndertake,
And for which vpon your humble request his Majestie hath
beene gratiously pleased to graunt you that freedome.
[p. 202. ]I 2.]
[11.] Whitehall, 17 June.
Virginia This day Antonio da Costa doliueiro presented a Certificate
vnder the hand of Sir John Digby knight Vicechamberlen
to his Majestic and late Ambassador with the Kinge of Spayne,
bearinge date the 26 of January 161G Stilo nouo. Importinge
in effect That John Clarke an English Pylott taken formerly
by the Spaniards in Virginia, thence brought into Spajme and
imprisoned, was safely delivered into his hands and that the
said John Clarke was then freely in his House, and might goe
at liberty whether it pleased him. fforasmuch as Antonio
da Costa was formerly bound in an obhgation of lOOOZ.
pennalty that the said Clarke should be deliuered as afore-
said ; And that the said obhgation is in the hands and
custody of Mr. Cottington now in Spajme, he hath therefore
prayed, that notice may be taken of the said Certificate and
for his indempnity entry may be made thereof in the
Register of Councell Causes. [p. 301. •[[ 2.J
Traiaport-
afcioQ of
criminals.
[12] Hinchingbrooke, 24 March: Present: — Lord Keeper,
Earl of Arundell, Lord Wotton, Lord Carew, Mr. Secretary
Winwood, Master of the RoUes.
An open Warrant. Whereas it hath pleased his Majestie
oute of his singular Clemencie and mercy to take into his
princely Consideration the wretched estate of diuers of his
Subiectes who by the Lawes of the Realme are adiudged to
dye tor sondry offences thoughe heynous in themselues, yet
not of the highest nature, soe as his Majestie both out of his
gracious Clemencye, as also for diuerse weighty Considerations
Could wishe they mighte be rather Corrected then destroyed,
and that in theire punishmentes some of them might hue, and
1617.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 11
yealde a profitable Service to the Common wealth in partes
abroade, where it shall bee founde iitt to imploye them. fEor
which purpose his Majestie having directed his Commission
vnder the greate Scale of England, to vs and the rest of his
privey Counsell, gyving full power Warrant and Authoritye
to vs or any Sixe or more of vs whereof the Lord Chancelor
or Lord Keeper of the Greate Scale, Lord Treasurer, Lord
Priuy Seale, and one principall Secretarye to be two, to
Reprive and stay from execution suche persons as now stand
Convicted of any Robbery or felony (willful! murther. Rape,
witchcraft or Burglary onely excepted) who for strength of
bodye or other abiUtyes shall be thought fitt to be imployed
in forreine disco veryes or other Services beyond the Seaes,
as shall be Certifyed vnto vs in writing by any one or more
of the Judges, or Serjeantes at La we before whome suche
felonyes haue been tryed, or in theire absence, then by two
suche principall Comissioners, before whome suche felons
haue been Convicted, and the sayd partyes so reprived and
certifyed as aforesayd, to appoint, bestowe, and Committ
to serve in suche Discoveryes or other forraigne imploymentes,
as wee or any Sixe or more of vs shall assigne, or appointe,
and the time to be prefixed by vs or any suche Sixe of vs as
aforesayd, how long the sayd Ofiendors or any of them shall
remayne in suche Imploymentes. Willing and Commaunding
by vertue of the sayd Commission aU his Majesties Judges,
Justices, Sherifes, Gaolers, and aU other his Majesties ofiicers
and loving Subiectes to whome it shall apperteyne to be
ayding and assisting to the Due performance of the premisses
with this speciaU proviso, that if any of the sayd OfEendors
shall refuse to goe, or yealding to goe, shall afterwardes come
back, and returne from those places where they are, or shall
be sent or imployed, before the time hmmitted by vs his
Majesties Commissioners be fully expired, that then the sayd
Reprivall shall noe longer stand nor be of any force, but the
sayd Offender or Offenders shall from thence forth be subject
to the execution of Lawe, for the offence whereof he was first
convicted as if nothing had been doon by vertue of this
12 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1617.
Commission. Theese are therefore to signifye vnto aU his
Majesties Officers and other persons whome it may Conceme,
that having received a Certificate from Sir Henry Finche
knight, one of his Majesties Serieantes at Lawe, and Sir
Wilham Louelace knight one of the Justices of peace in the
Countye of Kent, that John Browne now prisoner in his
Majesties Castle of Canterbury, being a person of able bodye,
and fitt to be imployed in the partes beyond the Seaes, hath
had his Tryall before them, and standes convicted of felonye
(but not for any Murther, Rape, Burglary or Witchcraft) Wee
doe by vertue of his Majesties sayd Commission Reprive the
sayd John Browne from execution of Lawe, and doe appoint
him to be dehuered vnto Sir Thomas Smith knight Gouernor
of the East Indie Company or his Assignees, to be Conveyed
into the East Indies or other partes beyond the Seaes where
he shall direct, with aU convenyent speede, and not to retume
agajme vpon the payne before specif yed, without Warrant
first obteyned vnder the handes of Sixe of vs of his Majesties
Privey CounceU. And doe will and in his Majesties name
Commaund the Highe Sherife of the Countye where the sayd
John Browne doth remayne, to deliuer him accordingly to
the sayd Sir Thomas Smith or those whome hee shall appoint
to receiue him. ffor doing whereof this being according to
his Majesties Commission, shall be to him a sufficient Warrant
and discharge in that behaKe. [pp, 601-2.]
JAMES I. VOL. IIL (1 April, 1617-31 Oct., 1618.)
[13.] Whitehall, Sunday afternoon, 13 July :
Sinsported. ^^ °P^^ Warrant for the Reprive of Christopher Potley
Roger Powell, Sapcott MoUneux Thomas Middleton, arid
Thomas Chrouchley Prisoners in Oxford Gaole, and to dehver
them vnto Sir Thomas Smyth knight to be transported
mto Virginia or other partes beyound the Seas with prouisoe
1617.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 13
that they retourne not againe into England according to the
forme of a former Warrant entred at large the 24 March last.
Upon Certificate from Sir Peter
Warberton and Sir Randall Crew.
VV- 91- H 2.]
[14.] Whitehall, 24 August:
[A similar warrant for the transportation of] George Criminal
Harrison out of Hartford Gaole condempned for steahng of ''^"^P"'' ^
a Horse. [p. 121. ]f 2.]
[15.] Whitehall, Simday afternoon, 1 8 November : Present : —
Lord Treasorer, Lord Carew, Mr. Secretary, Master of the
RoUs.
A Letter to the Lord highe Admirall of England. Wee Sir ^Valter
are very sorry to, vnderstand that your Lordshipps ill ^'^
disposition of health hath beene such as not to suffer you
to bee present at the day appointed for the examination of
Captaine Bayhe, But that businesse may well attend your
Leasure ; In the meane time if your Lordship can discover
any thing against Bayhe, or to cleere those doubts which
vpon this occasion haue beene raysed of Sir Walter Raleighs
courses and intentions as it seemes by a Letter which wee
haue seene from your Lordship vnto Sir George Caluert
Clarke of the Councell, wee shalbee as wilhng to entertaine
the knowledge thereof as your selfe. But till then wee are
stiU of the same opinion vnder your Lordships favor, as wee
were before, for the Release and the dehvery of the shippe
and goods vnto Captaine Baylie, hee putting in such suificyent
caution as the Judge of the Admiralty, shall thinke meete
to giue satisfaction vnto all such as shall make any just
clayme to haue Interest in her or the goods by way of
Adventure or otherwise. £Eor which wee pray your Lordship
to giue ymmediate order accordingly. [p. 175, ^ 2.]
[16.] Whitehall, 4 December : Present : — Lord Archbishop
of Canterburie, Lord Keeper, Lord Treasurer, Lord Priuie
Scale, Lord Stewarde, Lord Chamberlein, Earl of Arundell,
14 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1617-]8.
Lord Bishop of Elie, Lord Zouch, Lord Wotton, Lord Hay,
Mr. Comptroller, Mr. Seoretarie, Mr. Chancellor of the
Exchecquer, Master of the RoUes, Sir Edwarde Coke.
Virginia. Vpon a Referrence from hia Majestie to this Boards,
concerninge a petition exhibited by the Councell, and
Adventurers of the Virginia Plantation, for some further
time to bee Custome free for goodes retorned from Virginia,
longer then the Tearme of Seaven yeares mentionned in theii
Letters patents, or otherwise, that they may enioye that
finale remainder of the Tearme contayned in their said Graunt.
It is vpon due consideration thereof this day orderred, that
the Lord hiegh Treasurer of Englaunde doe giue Warraunt,
and direction to his Master Officers, and fiarmors of his
Customes of the Porte of London, that the said Companie
of Virginia bee exempted, and discharged, of Customes, Sub-
sidies, and other duties to his Majestie for anie goodes, or
Marchaundizes transported to the CoUonie in Virginia, or
imported from thence into this Realme, dureinge the Tearme
of Priuiledge contayned in their Letters patentes : which is
vnderstoode to bee for a yeare to come, or thereaboutes, and
noe longer : which their Uordships doe yeild vnto as a special]
fauour to that Companie in regarde of their charge, and
Industrie in the Settleinge of that Plantation, and not to bee
further continewed, or expected, after the expiration of their
said Graunt. [p. 201 II 1 1
[17.] Whitehall, Sunday, 11 January:
Captain A Warrant to the Keeper of the Gatehowse to receive into
his Custodie Captainc John Bailie and to keepe him close
prisoner. ^^ 231. H 2.]
[18.] Ibid.
Captain The Judge of the Admiraltie this Day attending the
Boord, together with the Register of the Courte, and aU suche
Exammations and Depositions as had been formerly taken
touchmg the Departure of Captaine John Bayly with his
1618.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 15
Shippe and Company from Sir Walter Raleigh at the Island
of Lancerota, and the Causes pretended to move him there-
vnto, as also the Copie of his Majesties Comission graunted
vnto the sayd Sir Walter Raleigh for his intended voyage vnto
certeyne partes of America ; together with a paper in the nature
of a Relation or Joumall of what had passed in the same voyage
from the time of their setting forth, vntill their Arrivall at
Lancerota, written by Captaine Bayly, and dispersed by him
in severaU Copies vnto some of his particular freindes after
his retume into England, being all this Day pubHckly read
before their Lordshipps and the sayd Captayne Bayly himselfe
viva voce heard what he Could saye in his owne iustification
and Defence : Their Lordshipps having first grauely debated
and weighed the same, and aU considerable Circumstances
thereto apperteyning, doe with full Consent agree and con-
clude, that the sayd Captaine Bayly hath behaved himselfe
vndutifully and Contemptuously not only in flying from his
Generall vpon some false and other frivolous suggestions with-
out any iust Cause at all, but also in Defaming his sayd Generall
in the before mentioned Joumall or Relation, wherein he
Chargeth him with Cousenage and layeth vpon him other fowle
and base imputations, ffor which Cause their Lordshipps haue
thought him worthie of Imprisonment for the present, and
to be proceeded withaU afterwardes for his sayd Offences as
to Justice doth belong. Moreover whereas vpon another
Information lately brought vnto the Lord Admirall, and by
his Lordshipp this day (after the other Businesse had been
heard ^.t large) communicated vnto the Boord, shewing that
Captaine Baily dyd vpon Thursday last the 8 of this Moneth,
in the presence and hearing of one Captaine Chester, Hasell,
Wilkes and others, vtter Certejme threatning Speeches against
the sayd Sir Walter Raleigh, which Bayly then sayd hee
would this Day acquaynt the Lordes withall, synce Sir Walter
Raleighs freindes went about to vndoe him, and overthrowe
his fortunes ; the effect of which Speeches were, as some of
the Witnesses aforesayd being Called and present dyd averre
at the Boorde, That he Could Charge Sir Walter Raleighe and
16 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1618.
other greate ones with matter of Treason against his Majesty
Committed or conceived about a Tweluemoneth since, as his
wordes at that tyme are sayd to importe. The sayd Bayly
was this day also interrogated thereupon by their Lordshipps
who Denyeth the same in parte, that is, that hee never sayde
he could Charge any greate ones, other then Sir Walter Raleigh
with Treason, nor him neyther, but out of the Mouth and
Reporte of one Mr. Hastinges Brother vnto the Earle of
Huntingdon who is gone with Sir Walter Raleigh this Joumy,
and at Plimouth tolde the said Bayly (as hee affirmeth) that
hee had matter of Treason to Charge Sir Walter Raleigh
withall, but in what particular Bayly knoweth not ; Never-
theles forasmuch as the sayd Baily having a Matter of see
highe and haynous a nature as this is concernyng his Majesties
person or state (whome God preserue) revealed vnto him soe
long synce, and hee not discovering the same sooner, as in
duty and by the Lawe he was bound upon his peril! ; besydes
that hee blauncheth and Deales not ingenuously in his Answer
to that point as their Lordshipps doe suppose They haue
thought fitt, and soe doe Order, that hee shall be first Com-
mitted to Close Prison for this Cause alone, and Direction
given to his Majesties learned Councell for the further
Examination of him, and suche others as were present when
the sayd wordes were spoken ; And howbeit it should soe
fall out that he might be acquitted touching the sayd Matter
of Treason, and noe Cause founde in that respect to deteyne
him any longer in Close Prison, Yet is it ordered that hee shall
neverthelesse there Continew vnder Restraint for his Mis-
demeanor towardes his Generall Sir Walter Raleigh, and
bee proceeded withall otherwise according to Lawe, and as in
the first parte of this Act is aboue mentioned and Declared.
[p. 231. ^ 4.]
[19.] Whitehall, Sunday, 11th January.
Captain A letter to the King. [The Council report to his
Majesty the whole proceedmgs touching Captain Bayly.]
If any thing more shall occurre upon a new Examination
Bayly.
1618.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 17
before your Learned Councell wourthie your Majesties know-
ledge, wee shall humbly advertize the same. \p. 233.]
[20.]* , 13 January : Present : — Lord Archbishop, Lord
Chancellor, Lord Treasorer, Lord P. Scale, Lord Steward,
Lord Bishop of Ely, Lord Carew.
A Letter to Mr. Atturny generall. You shall receiue Captain
heerewithall a copie of an Order made at this Boord ^^ ^ '
concerning Captaine Bayly, by which it will appeare vnto
you, that besides his first contempt and offence, for
which hee was convented before tkis Boord, there is other
matter layd to his charge of a higher nature discouered vpon
this Examination, fforasmuch as the same toucheth vpon
matter of Treason, Wee haue committed him to close Prison
and do require you to take some time as soone as you may
for his further examination vpon that point, and of such
wittnesses also as heard the same, and are readie to testifie
it against him, whose Names you shall finde mentioned in
the sayd Order. Hee is Prisoner in the Gatehowse and shalbee
readie to attend you, whensoeuer you giue order vnto the
Keeper to bring him before you. [p. 234. Tl 1.]
[21.] Whitehall, 1 February :
[Captain Bayly is admitted the hberty of the prison, Captain
on his wife's petition and representation that close ^^^'
imprisonment had much impaired his health.]
[p. 257. ^ 1.]
[22.] Whitehall, 23 February :
[A contemptuous and insolent petition having been Captain
exhibited in behalf of Captain Bayly, he is] againe comitted
closse prisoner, and aoe to remayne untill further order.
[p. 281. last If.]
[23.] Whitehall, 27 February :
A Warrant to the Keeper of the Gatehouse in Westmynster. Captain
[As Captain Bayly] hath now made an humble acknow-
* The Register leaves it doubtful where this meeting was held.
18 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1618
ledgment vndor his hand of his offence, and harty
sorrowe tor the same, and withall humbly craned his Majesties
pardon and forgivcnes. Theis shalbe to will and require you
to enlarge and sett at Liberty the person of the said John
BayUe vpon Bond to be first taken by the Clerke of the Councell
attendant for his forth comeing and appearance before vs
at all tymes within tenn Dayes after warning given him in
that behalf ffor which this shalbe your Warrant.
To the right honourable the llords and others of ^his
Majesties most honourable Priuy Councell.
The humble petition of Capten John Bayhe now
close prisoner in the Gatehouse.
Humbly shewing to your llordships that my departure
from Sir Walter Raleigh was for that I conceived that he
did not proceed according vnto his Majesties Comission,
therefore for feare of offence to his Majestie T departed
although that thereby I lost my advejiture being a greats
parte of my Estate.
But forasmuch as vpon full hearing of the Cause before your
llordships it appeareth to your llordships that your petitioner
hath much offended not only in leaueing his T\Iajesties
Comission but also in defameing Sir Walter Raleigh.
Yotxr petitioner vpon deliberate consideration with himself
doth humbly confesse and acknowledg his punishment to be
most iust, and is very hartely sorrie for his said offence, and
doth humbly intreate your llordships honorable mediation
to his Majestie for pardon and forgivenes of the same.
And for that yoiu- petitioner hath sustayned greate losse
by his said departure and indured long imprisonment for his
said offence, your petitioner doth therefore most humbly
beseeche your Honors not to conceive his said offence proo-
ceeded either of malice or willfuUnes but for want of true
Judgment which hath turned to his owne vndoinge.
And therefore I humbly intreate and beseeche
your Honors to be pleased to pardon my said offence
and to take such compassion of me that I may be
1618.] ACTS OF THE PRIVY COtTNCIL (COLONIAL). 19
restored vnto my libertie. And (as in duty bound)
I wiU dayUe pray for your Uordships longe life and
continewall happines.
John Baylio.
[p. 28S.]
[24.J Whitehall, 5 March : Present :— Lord Archbishop,
Lord Chancelor, Lord Viscount Fenton, Lord Bishop of Elie,
Lord Carew, Mr. Treasorer, Mr. Secretary Lake, Mr. Secretary
Naunton, Master of the RoUes.
A letter to the Lord De la Ware. Whereas Henry Virginia.
Sherley sonne of Sir Thomas Sherley knight, being im-
prisoned in the Kinges Bench vpon an Execution for
severall Actions of Debt, hath made an Escape out of
that prison, and as it is thought will attempt to transport
himself e into some partes beyond the Seaes, and happily into
Virginia now vpon this occasion of your Lordships going
thither : Although wee presume your Lordship is soe noble
as you will not Countenance or protect him, or shellter him
vnder your Company, standing in soe ill tearmes as hee doth :
yet because he may without your privity enterprize such a
thing, Wee haue thought good to pray and require your
Lordship to be as careful! as you may, not to suffer any such
attempt, being of ill example; whereof wee doubt not.
[p. 295. ^ 3.J
[25.1 Whitehall, 20 March:
[A warrant (cf. 12) for the transportation to Virgim'a of] Criminal
. -»T ' transported.
William Lambe, prisoner in Newgate.
Ip. 319. ^1 6.]
[26.] Whitehall, 23 July : Present :— I^ord Archbishop of
Canterbury, Lord Chancellor, Lord P. Scale, Lord Chamberlen;
Earl of Arundell, Lord Carew, Mr. Treasorer, Mr. Vice
Chamberlen, Mr. Secretary Naunton.
A letter to Sir Lewis Stewkley knight vice admirall of Sir Waiter
Devon. You have vnder your Charge the person of Sir **"§'■
20 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1618.
"Sentposte Walter Raleigh knight touching whome and his safe
Tailor bringing hether before vs of his Majesties privey Counsell
the same jou haue received sondry directions signifying his Majesties
'^'^X ^1 ^ f pleasure and Comaundement. Notwithstanding wee finde noe
noone." execution thereof as had becomed you, but vayne excuses
vnworthie to be offered vnto his Majestye or to those of his
Counsell from whome you received his pleasure. Wee haue
therefore now dispatched this letter vnto you, and hereby
doe will and Comaund you in his Majesties name and vpon
your Allegiance, that all Delay es and excuses sett aparte (of
which wee will heare noe more) you doe safely and speedily
convey hether the person of the sayd Sir Walter Raleigh, to
answer before vs such matters as shall be obiected against
him on his Majesties behalfe. And of this you are to be
carefuU as you will answer the contrary at your perill.
[p. 474. last If.]
[27.] Whitehall, 30 July :
Sir Walter [A letter to the lieutenant of the Tower, requiring him to
^®^s • receive Sir Walter Raleigh into his charge and keeping],
with that Liberty as hee enjoyed when he was last discharged
thence. [p_ 494. ^ 3.]
[28.] Windsor, 9 September :
Sir Walter A letter to Sir Thomas Will son knight. Whereas his
Raleigh. tit • , i .1 .
Majesty hath given speciall order for some person of
trust to be placed in the Tower with Sir Walter Raleigh
now prisoner there, and to remayne in his Company vntill
his Majesties pleasure be further knowne, [Wilson, as a
trustworthy person, is required to repair to the Tower and
take charge of Raleigh,] Hot suffering any person to haue
accesse vnto him, or to haue speeche with him but in your
hearing, nor any at all but suche as of necessity must attend
him for his dyett and such ordinary occasions as close
prisoners vsually haue, and not otherwise. And whatsoeuer
you shall obserue worthie our Advertisement, to acquaynt
vs with it from time to time as becometh you.
[p. 509. •! 3.]
1618.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 21
[29.] Hampton Court, Sunday, 27 September :
[A letter to the Lord High Admiral. Notwithstanding the sir Walter
stay of such ships as went with Sir Walter Raleigh in his ^'^^®'^*'
voyage to Guiana, his Majesty has been pleased to grant a
petition of Captain Chudeley for the delivery of his ship to
him, and it is accordingly to be so deUvered.j
[p. 518. 11 1.]
[30.] Star Chamber, 31 October:
[Ann RusseU to be transported to Virginia according to criminal
the form laid down in 12.] [p. 545. ^ 3.] transported.
JAMES I, VOL. IV. (1 Nov. 1618—28 Feb. 1621.)
[31. J Star Chamber, 4 November:
Whereas a Petition was this day presented vnto the Boord Newfonnd-
in the name and on the behalfe of the Owners of Shippes, ''^"'*'
Merchantes adventurers, and ffisshermen within the seuerali
Ports of Plimouth, Dartmouth, Barnstable, Weymouth, Poole,
Hampton, and other the Sea Port Townes within the Countyes
of Devon and Dorsett, and the same Recommended by letters
from the Earle of Bathe Lord Leiuetenant of the County of
Devon, by which Petition their Lordshipps are informed that
the ffisshermen of the sayd Ports having allwayes heretofore
accustomed vpon their ArrivaU in New found land, to make
their owne Choise of places fitt for making their ffishe, and
after their fisshing to leave suche Salt, Caske, and other
provisions as they could not bring away, as also their Boates,
vntiU the next yeare following, are now by those of the New
Plantation there resiant put from sondry of their Places,
vnder pretence of a Charter graunted by his Majesty and greate
quantityes of their Salte, Caske and other Provisions taken
away, with diverse other wronges and abuses offered vnto
them, as by their Petition more at large will appeare. Their
Lordshipps well vnderstanding the singular importance of
that Newfound land fishing vnto the westerne parts of this
22 ACTS OK TIIK I Ml IVY COUNCIL (COLONIAL). [1618.
Kii\ji;(loiiio, l)oing a priticipall Nursery and meanes to increase
Mariiiors and Njivi!.,'jit.i(iii, and a greate Maintenance to an
infinite numlnT ol liiw [Vlaj(^'^tio8 Subiectes inhabiting in that
part of tlie Roabiic, me pleased to take the reformation of
the sa yd Greevanoes into thoir honorable Care and consideration.
And for that it is fitt that the New found land Company should
be first heard what they can answer vnto the Complaints
conteyned in the Petition afore mentioned, It is ordered by
the Boord, that Sir Thomas Edmondes knight Treasorer
and Sir Henry Carew knight Comptroller of his Majesties
most honorable Howsholde, Mr. Secretary Naunton, Mr.
Chauncellor of the Exchequer and Sir Edward Coke or any
three or more of them, shall call before them some of the
Company of the Newfound land plantatyon resiant heere in
London, as also the party that solliciteth the Cause in the
behalfe of the westeme Ports. And informing themselues as
in their discretion shall seeme good, of the truthe of the
particulars suggested in the Petition, to make Reporte vnto
the Boord of their opinions touching the same. As also what
in their Judgments they thinck meete for establishing some
such settled order and course for the time to come, as that
the petitioners may peaceably proceede in their ffishing, as
in former times they haue done, without preiudice to the
plantation or interruption from them. [jyp. 10-11.]
[32.] Whitehall, 30 November :
(^.^.j^^^ [An open warrant for James Stringer, prisoner in Newgate,
transported, to be sent over and disposed of by Sir Thomas Smyth into
Virginia and other foreign peirts.] [p. 53. last %]
[33.] ^Tiitehall, on Sonday aftemoone, 13 December :
Present: — Lord Archbishop of Canterburie, Lord Chancellor,
Lord M. Hamilton, Lord Bishop of Elie, Lord Bininge, Mr.
Treasurer, Mr. Secretary Xaunton, 3Ir. Chancellor, Master of
the RoUes.
Newfound Whereas Diners articles of greevances haue ben ofEred to
this Boarde by way of petition from the westeme partes of
this Kingdome, touchinge those of the Plantation in Newfound-
1618-19.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 23
launde. Wherewith the Governors of that Plantation beinge
made acquainted, did retorne aunsweare in writeinge there-
vnto. All which beinge Duly considerred of, fforasmuch as
it appeareth that his Majestie in his Pj-incely care and proui-
dence, was graciously pleased to prouide by his letters patentes
for the settlinge of that Plantation that there bee saued, and
reserved vnto all manner of persons of what Nation soever,
and allsoe to all and every his lovinge Subiects, which doe
or hereafter shall trade, or voyage to the partes of Newfounde
launde for ffishinge, all and singular liberties, powers, ease-
ments, and other benefitts whatsoever, as well conoerninge
their said ffishinge, as all other circumstances and incidents
therevnto, in as large and ample manner, as they haue
heretofore vsed, and enioyed the same, without anie Impeach-
ment disturbance or exaction anie thinge in that Patent to
the contrary notwithstaundinge It is held very iust, and
expedient, and accordingly orderred, that 'the said prouisoe
bee duly, and punctually observed. And that neither the
Governors here, nor such as are resideinge in that Plantation
doe direct or attempt anie thinge in that place, contrary to
the said Prouisoe or anie parte of the same, to the disadvantage
of the ffishinge vpon that Coast, vpon such punishment, as
shalbe thought fitt to bee inflicted vpon offenders in that
kinde. [p. 58.]
[34.] Whitehall, 7 March:
Vpon Complaint made by Roger North esqr. on the behalf e Guiane.
of himself, and divers Noblemen, and gentlemen of quallity,
That whereas it pleased his Majestie by Letters Pattentes bearing
date the 28 of August in the eleventh yeare of his Majesties
Raigne to graunt vnto Capten Harecourt that parte of Guiana,
or Continent of America that Lyeth betweene the River of the
Amazones, and the River Desequebe contayning 300 Leagues
vpon the Sea Coast, and inwarde into the Lande without
Lymittation ; The said Capten Harecourt hath not hitherto
proceeded in any Plantation there according to the intent
of that Graunt, but withall hath refused reasonable and honest
24 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1619.
Conditions offerred vnto him from the petitioners for the
Plantation thereof to the greate preiudice of his Majesties
Seruice in those partes. It is this Day orderred that the Lord
Archbishop of Canterbury, Lord Stewarde of his Majesties
Houshold, the Earle of Arundell, the Lord Digbie, Mr.
Comptroller of his Majesties Houshold, and Mr. Chancellor
of the Exchequer or any fowre of them, calhng both parties
before them, shall vpon hearing of the Cause settle such
a Course therein as shalbe most expedient for his Majesties
Seruice. [p. 124. ^ 1.]
[35.] WhitehaU, 14 March :
Guiana. The busines concerning the Plantation of the Country
lying vpon the River of the Amazons in the West Indies being
this day heard at the Boarde, [the patent formerly granted
to Captain Harcourt was referred to Sir Juhus Caesar and Sir
Edward Coke, to be perused and looked into].
IV- 13L II 1.]
[36.] Whitehall, 16 March : Present : — Lord Archbishop
of Canterbury, Lord Chamberlen, Earl of Arundell, Lord
Bishop Winton, Lord Digbie, Mr. Treasurer, Mr. Comptroller,
Mr. Secretary Naunton, Master of the RoUes, Sir Edwarde Coke.
Guiana. Vpon retorne of the report from the Master of the Roles,
and Sir Edward Coke concerninge the Plantation of that
parte of Guiana lyinge vpon the Riuer of the Amazons in the
West Indies : It was orderred that the Patent formerly graunted
to Capt. Hareoourt should bee called in, and Comissions of
Discouery graunted to him, and Capt. North to bee drawen
vp by the advise, and Direction of the Master of the RoUes, and
Sir Ed. Coke, And vpon their proceedings, and Discoueries vpon
those Comissions further order may be taken as shalbe found
requisite. [p. 133. last \']
[37.] * , 18 April: Present :— Lord Archbishop of
Canterbury, Lord Chancellor, Lord Priuy Seale, Lord Stewarde,
Lord Chamberlen, Earl of ArundeU, Lord Viscount Walling-
* The Itegister leaves it doubtful where this meeting was held.
1619.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 25
forde, Lord Bishop of Winchester, Lord Carew, Lord Digbie,
Mr. Treasurer, Sir Edward Coke.
A letter to Sir Thomas Couentree knight his Majesties Guiana.
Sollicitor generall. fforasmuch as our very good Lordes the
Lord Duke of Lenox, and the Earle of Arundell, and Roger
North esqr. haue found out and discouered meanes by
Shipping, and are very desirous to vndertake Journeys by Ship-
ping vnto the River of the Amazons in America, and into the
Countries Lying thereaboutes (being inhabited with Heathen
and sauage people, that haue no knowledg of any Christean
Religion for the saluation of their Soules, and that are "not
vnder the Gouerment of any Christian Prince, or State). As
well for the conversion of them to the Christian ffaith, and
for a further Discouery into those Countries. As for setthng
a Trade and Traficke with them for some Comodities and
Marchandises which are found necessary for the Subiectes of
our kingdomes and Domynions. Wee haueing had Con-
sideration hereof by his Majesties Direction, hold it very
necessary for the furtherance of this intended Worke. That
the said Lordes and such othrs as they shall sufierr to be
Adventurers with them be incorporated as is vsuaU in
Like cases. And therefore wee pray and require you to
prepare a BiU ready for his Highnes Signiture to that purpose,
whereby they may haue as Large power, and priviledges for
carrying over of Shipps, Men, Munition, and Armour, and
doeing of other thinges necessary for their Voyages, and
settling of their Company or otherwise as haue ben graunted
to any others heretofore vpon Like Vndertakinges and Dis-
coueries with such further priviledges as you shall thinke
fitt And that the places where they shall haue their Plantation
or vse their Trade, and trafficke shaU extend from the River
of Wyapoco to fine Degrees of Southerly Latitude, from any
parte or Braunch of the River of Amazons otherwise called
Orehana and for Longitude into the Lande to be Lymitted from
Sea to Sea fEor which this shalbe your warrant.
b- 158. H 2. 1
26 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1619.
Sir Walter
Raleigh.
Ouiana.
[38.] Greenwich, 23 May : Present : — Lord Archbishop of
Canterbury, Lord Marq. Hamileton, Lord Chamberlen, Earl
of Arundell, Earl of Southampton, Lord Viscount Wallingford,
Lord Bishop Winton, Lord Digbie, Mr. Treasurer, Mr. Comp-
troller, Mr. Secretary Naunton, Mr. Secretary Caluert, Master
of the Rolles, Sir Edward Coke.
A Letter to the Lord Carew. Whereas the Earle of
Huntingdon, did, at the instance and request of some freindes
lend vnto Sir Walter Raleigh in his Late Voyage to Guiana
two greate cast Pieces of Ordinance of Brass to be restored
backe to his Lordship at Sir Walter Raleighs retourne And
that his Lordship is an humble suitor that the same being
now mounted, and disposed in one of his Majesties Shipps
may be dehuered vnto him accordingly, fforasmuch as Sir
Walter Rahegh by a Letter written vnto vs a little before his
Death did acknowledg those two Pieces to belong to the Earl
of Huntingdon. Wee haue thought good hereby to pray
your Lordship to give order, that those two said Pieces of Brasse
Ordinance be dehuered vnto such as his Lordship shall
appointe and authorize to receive the same, ffor which this
shalbe your warrant. [p. 199. ^ 3.]
[39.] Star Chamber, 13 June : Present : — Lord Archbishop
of Canterbury, Lord Chancellor, Lord Priuy Scale, Lord
Steward, Lord Viscount Wallingford, Lord Zouch, Lord
Carew.
A Letter to Mr. SoUicitor. Whereas his Majestic hath ben
graciously pleased at the humble Suite of divers of the NobiQity
and other principall gentlemen to give way to a Plantation
vpon 'the River of the Amazones in the West Indies : To
which purpose there is a Comission of Priuiledge to be graunted,
and prepared ready for his Majesties royall Signiture. These
shalbe to pray and require you to prepare and make readie
the said graunt, with as many PriuUedges and Immunities,
as are contayned in a Graunt formerly made to Capt.
Harecourt of some of those partes, Saucing only, that in this
Graunt now in hand, there be noe tyme given by way of fauor
1619.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 27
to exempt the Comodities brought from thence from Custome
dutie : But that they pay Custome for all such Comodities as
shalbe brought from thence : His Majestie being gratiously
pleased to forbeare the Impositions due vpon the same,
ffor which this shalbe vnto you sufficient warrant.
Vp. 218. TI 1.]
[40.] Hampton Court, 28 September :
A Letter to the Justices of peace of the Countie of Middlesex. Tobacco.
Information hath ben made to his Majestie That the Gardens,
yardes, and such like places in and aboute the Skirtes and Con-
fynes of London, that haue heretofore ben vsed for settinge
of rootes, herbes, and other necessary provisions of foode, to
the greate benefitt of the poorer sort of people, doe nowe of
late begin to bee soe generally taken vp at hiegh rates, and
imployed for plantinge of Tobacco as is like to proue very
preiudiciall, and of ill consequence, in Looseinge the good,
and vsefull fruits, which those grounds formerly produced :
ffor the preventinge whereof wee haue thought it expedient to
giue you notice of this information, and withaU to pray and
require you to take order for the restraint of this growinge
evill, by prohibitinge the plantinge of anie Tobacco in anie
place neere the Citties of London or Westminster reservinge
the Soyle, and groundes there for such necessary vses as for-
merly was accustomed, and limitinge the Tobacco-Owners to
places further of and such as may bee without the inconveni-
ences before mentionned : Which you are to see accord-
ingly performed. \jp. 289. last ^.]
[41.] Star Chamber, 6 December:
A Letter to Abraham Jacob esqr. fiorasmuch as the Tobacco,
detayning of a parcel! of Tobacco belonging to the Treasurer,
Councell and Company for Virginia amounting to Twenty
Thousand pound waight, and brought home in a Shipp retourned
from thence in June Last vpon a question of payment of some
duties which the said Company doe pretende not to be lyable
vnto; is very preiudicall and hurtfuU to the said Company
28 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1619-20.
aswell by the decay of that Comodity as it now lyeth as
otherwise by discouraging the Adventurers speciaUy at thia
tyme, that the Plantation groweth so well on to perfection :
Wee haue thought it very expedient peremptorily to require
and comaund you to dehuer as well that parcell of twenty
Thousand pound waight retoumed in June Last, and now in
the Custom house as alsoe any other quantity of Tobacco
which shalbe shortely imported from the Summer Islandes,
and is now daylie expected to arriue here vnto the Treasurer
and Company for Virginia : Whoe haue submitted them-
selues to pay such duties vnto you for the foresaid quantities
of Tobacco as shalbe adiudged by vs to be due vnto you in
Justice Soe as you need not doubt but you shall haue and
enioye what soever is due vnto you according to the tenor
and true intent of Your Letters Pattentes. [p. 358. ^ 1.]
[42.] Whitehall, 31 January : Present : — Lord Archbishop
of Canterbury, Lord Chancellor, Lord Priuy Scale, Earl of
ArundeU, Earl of Southampton, Lord Carew, Lord Digbie,
Mr. Treasurer, Mr. Comptroller, Mr. Secretary Naunton, Mr.
Chancellor, Master of^the RoUes, Master. of the Wardes.
Virginia. Whereas wee are informed that the Citty of London hath
by an Act of Comon Councell appointed one hundred Children
out of the Multitudes that swarme in that place, to be sent
to Virginia there to be bound apprentices for certaine yeares,
with very benificall Conditions for them afterwardes : And
haue moreover yeUded to a Leauy of five hundred poundes
for the apparrelling of those Children, and towardes the charge
of their transportation : Wherein as the Citty deserueth
thankes, and Comendations, for redeemeing so many poore
Soules from mysery, and ruyne, and putting them in a Con-
dition of vse and Seruice to the State : Soe forasmuch as
Information is Likewise made : That among that nomber
there are divers vnwilling to be carryed thither : And that it
is conceived that both the Citty wanteth authority to deliuer,
and the Virginia Company to receive, and carry out theis
persons against their Wills. Wee haue thought meete for the
1620.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 29
better furtherance of so good a Worke, hereby to authorize
and require, as weU such of the Citty as take Charge of that
Seruice as the Virginia Company or any of them to dehuer,
receive and transports into Virginia all and every the foresaid
Children as shalbe most expedient And if any of them shalbe
found obstinat to resist or otherwise to disobey such direc-
tions as shalbe given in this behalf : Wee doe likewise hereby
authorize such as shall haue the Charge of this Seruice to
Imprison, punish, and dispose any of those Children vpon any
disorder by them or any of them comitted, as cause shall
require : And so to Shipp them out for Virginia, with as much
expedition as may stand with conveniencie. ffor which this
shall be vnto all persons whom the same may any way
concerne a sufficient warrant. [p. 400. ^2.]
[43.] Star Chamber, 14 February :
Vpon a Proposition made, and a Booke this day delivered Newfound
to the Boarde by Captaine Whitborne for a Plantation in
Newfoundland, to the benifitt of the ffishing there and the
good of his Majesties Subiectes otherewise. It is orderred
that the Earle of Arundell, the Lord Carew, the Lord Digbie,
Mr. Treasurer and Mr. Comptroller of his Majesties Houshold,
Mr. Secretary Naunton, Mr. Secretary Caluert, and the Master
of the Wardes or any foure of them shall take as well that
Proposition and Booke as what is likewise offerred by Mr. Guy
of BristoU and others in that behalf, into their serious con-
sideration, and vpon Conference with such persons as they
shall thinke fitt to call before them, and due Information of
the Condition of that Country and the benifitt of a Plantation
there, to make Reporte to the Boarde of their opinions, and
what course shalbe most requisite for estabhshing that
Plantation in case the same be found fitt to be entertayned,
and proceeded in. [p- 425.
[44.] Whitehall, 21 February :
[A letter to Lord Carew, similar to 38 with the additional Sir Walter
details that the guns were sakers cast in Queen Mary's time, * ^'^ '
V^irginia.
Newfound-
land.
30 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1620.
weighing respectively 1524 and 1527 pounds, and that they
were then in the ship Destiny at Rochester. The order,
however, is struck out, and " vacat " appears in the margin.
Yet underneath this cancellation appears the further note : —
" This letter was renewed mutatis mutandis the 20th of
December, 1621 " — a date on which there is no corresponding
entry.J [p. 428. last \]
[45.] Whitehall, 25 February :
This Day Sir Edwin Sands, Gouemor, and others of the
Virginia Companie represented vnto the Boord ; That whereas
a Shipp called the Treasurer, sent out to the West Indies, at
such tyme as Captaine Argall, was Gouemor of Virginia,
had committed offence against the Spaniard, And that by
pubhque letters from that Colonic, that Act was by them
disavowed. So likewise the Councell and Companie of Virginia
heere, ioined in the vtter disclayming of the same, of which
especiaUe care of theirs, to giue vnto his majesties freinds and
AUies no offence, their lordships gaue good allowance and
approbation. It appeared also by a letter produced at the
Boord, That the Spanish Agent heere residing, had receaued
satisfaction, for the offence aforesaid. [p. 433. last \]
[46.] Whitehall, 18 March : Present : — Lord Archbishop
of Canterbury, Lord Chancellor, Earl of Arundell, Lord
Bishop Winton, Lord Digbie, Mr. Treasurer, Mr. Secretary
Naunton, Mr. Chancellor, Master of the RoUes, Sir Edw.
Coke, Master of the Wards.
Letters of the tenor following. Whereas wee haue ben
given to vnderstand of many disorders, and abuses comitted of
Late, and specially the Last yeare betweene such as reside in
the Plantation in Newfoundland, and those that frequent
the fishing vpon that Coast, to the greate preiudice, Losse, and
discouragment of both parties ffor prevention whereof for
the future : As wee haue given directions and commaund to
the Governors of the Plantation in that behalf : Soe wee do
hereby will and require you to give charge and comaund in
1620.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 31
our names to the Maisters and Companies of such Shipps as
are or shalbe bound from that Porte or any the Members
thereof, for the ffishing voyage to Newfoundland : That they
doe not only forbeare aU Actes of hostiUitie and such other
disorders as heretofore haue ben comitted there : but also to
entertaine all freindly amy tie, and correspondence with those
of the Plantation : The rather for that the furtherance and
Settlement thereof is like to proue many waies commodious
and benificiall to their ffishing vpon that Coast Hereof they
may in no waies faile assuring themselues, that there wilbe
a strict accompt taken of any thinge they shall presume to
doe to the Contrary.
Maior of Poole. Maior of Plimouth.
Maior of Southampton. Maior of BristoU.
Maior of Dartmouth. Maior of Barnstable.
[p. 453. last ^.]
[47.] Whitehall, 4 April : Present : — Lord Archbishop of
Canterbury, Lord Chancellor, Lord Steward, Lord Marquis
Hamilton, Lord Chamberlain, Earle of Arundell, Lord Viscount
Doncaster, Lord Bishop of Winchester, Lord Digbie, Mr.
Treasurer, Mr. Comptroler, Mr. Secretary Naunton, Mr.
Secretary Caluert, Mr. Chancellor Exchequer, Master of the
Holies, Master of the Wards.
This Day the Count of Gondamar Ambassador for the Guiana.
King of Spayne had audience atfc the Board, where he repre-
sented vnto their Lordshipps, That he was informed, that
Captaine Roger North (of whom he spake verie honorablie)
intended a voyage to the river of Amazons, with purpose to
make Conquest in that place, fforasmuch as it appeared to
the said Ambassador, that his Maister the King of Spayne, had
as iust title to the river of the Amazons, and the whole Tract
thereaboutes as to any other of his Kingdomes, he required
in his Masters name, that stay might be made of that Shipp
or Shipps now bound for those partes vnder the conduct of
Capteine North, vntill he by an expresse Currier might make
signification thereof into Spaine, and from thence receiue
32 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1620.
the reasons of the pretences and Claymes of the king his
Maister to those partes, which he promised to performe with
aU possible speede : whereunto their Lordshipps (after they
had acknowledged that he had propounded the matter with
great discretion and moderation) made him againe this answere,
That the Board conceiued it to be a matter of great importance
and consequence, not yet readie for a mature answere, That
his Lordshipp would in the meane tyme take notice, that it
was not a trafficke new begunne and erected, but vpheld and
contynued by this voyage, And lastlie, that his Lordshipp
would be pleased to exhibite his proposition in writing, with
the reasons that he was instructed in, of the King his Masters
clayme, To which he replyed that although he could not
amphe doe it, Yet he would endeavor to giue their Lordshipps
satisfaction in the best manner he was able.
[f. 469. H 1.]
[48.] Whitehall, 5 April:
Tobacco. rpj^ig (Jay Sir Thomas Rowe Mr. Leate, Mr. Caning and
other marchantes presented themselues with their petition
(which was referred by his Majestic to the Board to obtaine a
Patent for seaven yeares for the sole importation of Tobacco
paying an annuall rent aboue the former increase of six
pence in the pownd, of ten thowsande powndes besides
defalcations with conditional! offer to straine themselues to a
higher rate.
fforasmuch as it appeared, that many other gentlemen and
marchantes of goode qualitie had interest in this buisines,
against which no pregnant obiections were produced, and was
therefore conceaued to bee worthie of further deliberation.
Their lordships were pleased to differ it, vntill Saterday morning
next, against which tyme. Sir Thomas Rowe and the rest were
to deliberate vpon the answearing of such obiections as might
arise, either from the Spanish Ambassador or the marchantes
trading into Spaine or from the westerne or out Ports of this
Kingdome or from the duch and french or lastUe from the
1620.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 33
Retailers of Tobacco. As also to provide against the indamaging
of the Virginia or Bermiida plantations, by the desiered Patent
of the sole importation. [p. 471. ^ 2.]
[49.] Whitehall. 10 April : Present : — Lord Archbishopp
of Canterburie, Lord Chancellor, Lord Chamberlaine, Earl of
Arundell, Lord Viscount Doncaster, Lord Digbie, Mr.
Secretarie Nanton, Mr. Secretarie Calvert, Mr. Chancellor of
the Exchequer, Master of the RoUes, Master of the Wards.
Vpon hearing of the proposition touching Tobacco exhibited Tobacco.
by the marchantes togither with the reasons and answeres to
the obiections of the contrarie part, and upon due consideration
of that, which is done by other kings abroad, and of that which
hath bin done by his Majestic by forbiding the inland" plan-
tation to his own subiectes. Their Lordships do conceiue. It
may bee fitt for his Majestic to aUowe the sole importation ;
Provided that the Proclamation may bee so penned, as may
take away the feare of President, And that the valewe which
shall arise to the King bee worth the alteration.
Neuerthelesse whether there may bee any other way to raise
profitt to the king, then by the sole importation, and what
the bargaine it self shalbe and the conditions is referred to
further consultation. [p. 475. last ^.]
[50.] , 11 April: Present: — Lord Archbishop of
Canterburie, Lord Chancellor, Earl of Arundell, Lord Digbie,
Mr. Controlleur, Lord Steward, Earl of Kellie, Mr. Treasurer,
Mr. Secretarie Caluert, Master of the RoUes.
A Letter to Sir Thomas Smith. Whereas his Majestie hath Bermudas.
now vnder his pardon many condemned persons of both
sexes, And out of his singular mercie is graciouslie incljmcd
rather to send them to some forrayne plantation, and more
particularly for the Sommer Islandes, then here to suffer the
law to take the forfaiture of their Lines, These are therefore
to lett you know, that his Majestie not doubting of your
zeale and good affection vnto any service that may concerne
him or the Commonwealth, hath directed vs to require you
as from himself e to take presently into your care, the trans-
portation of some 20 of them, either all women, or 10 men,
34 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1620.
and 10 women as you shall best approoue vnto the
said Islandes who shall accordingly with warrant from this
Board for their transportation, by vertue of a Commission
dormant vnder the great Seale sent vnto you so soone as wee
shall vnderstand that you are ready to receiue them.
[p. 476. H 1.]
[51.] , 11 April: Present: — Lord Archbishop of
Canterburie, Lord Chancellor, Earl of Arundell, Lord Digbie,
Mr. ControUeur, Lord Steward, Earl of Kellie, Mr. Treasurer^
Mr. Secretarie Caluert, Master of the Rolles, Mr. Secretary
Nanton, Mr. Chancellor of the Exchequer.
Newfound- Vpon reference from the Kinges Majestic there was
exhibited this day vnto the Board, the petition of the Treasurer
and company of the newfoundland plantation, to this effect,
That whereas for the better overcomming of the difi&culties
of that plantation, And to the end that some of thewoodlandes
might with lesse charge be converted into pasture and arable,
as also that the Colony might be sett on worke the whole
yeare, whereas the fishing lasted but for three Moneths,
fforasmuch as the Treasurer and Companie intended to sett
vpp jrron workes in that plantation, And that hitherto they
haue not found any yron mynes in that land, they might
obtayne leaue to transport thither the materialls to make barre
yron, as jTon oare, stone and cinders as also the instrumentes
for that worke, that thereby they might be incouraged to gee
on in their purpose of erecting jrron workes in that plantation.
Their Lordshipps were pleased to grant them liberty of trans-
porting yearely from the date of this order one Thousand
Tunne of the materialls specified, and the instrumentes agree-
able to that proportion. Provided that they should convert
the said Oare into barre yron, and not to abuse their lord-
shipps grant by casting it into any kind of Ordynance what-
soeuer, ffor which they are before the transportation to giue
such sufficient security as shalbe approoued by the Board,
Of all which the Commissioners of the Treasurie are prayed
hereby to take notice, and to giue order accordingly to the
Portes to suffer the transportation of the said proportion.
[p. 477. last %]
1620.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 35
[52.] , 11 April: Present :— Lord Archbishop of
Canterburie, Lord Chancellor, Earl of Arundell, Lord Digbie,
Mr. Controlleur, Lord Steward, Earl of Kellie, Mr. Treasurer,
Mr. Secretarie Caluert, Master of the Rolles, Mr. Secretary
Nanton, Mr. Chancellor of the Exchequer.
Vpon a petition this day exhibited to the Board by the Ladie Lady
Rawleigh, wherein shee shewed that having procured a privie ^^l^igl^-
Seale from his Majestic (no other person being named therein)
that the Lordes of the Treasurie should agree with her for her
shipp called the Destinie . . . And that one Mr. Herbert
hath since that tyme made clayme to the fourth part of this her
portion which shee thinketh is not due vnto him att all, or if it
bee, yet shee offereth to prooue that it is not payable by
her. It was therefore thought fitt that after assignation made
of the summe due by privy Seale . . three fourths
of it should be allotted to the Ladie Rawleigh and the other
part be deposited vntill it doe appeare vnto Mr. Chancellor
of the Exchequer, the Master of the RoUes, and Sir Edward
Coke (to whom this busines was formerly referred by the
Board), whether the Ladie Rawleigh bee in right to pay the
money demanded by Mr. Herbert out of the portion assigned
to her, or not. [p. 478. ^J 1].
[53.] Whitehall, 25 April :
[With reference to the Order of 1 1 April for the impor- Newfound-
tation of ixon ore into Newfoundland], This day their lordships
were pleased to giue order that a bond of 2,000Z. should bee
accepted of for that purpose to bee taken to his majesties vse
by the Clarke of the Councell attendant which was performed
accordingly. [p. 482. 1| 2.]
[54.] WhitehaU, 7 May:
A letter to the Lord Deputy of Ireland. Whereas Captaine Captain
Roger North is of late gone out of the Port of Plymouth in a North.
shippe bound for the River of Amazons in the West Indies,
without Lycence or leave from His Majestic or the State here
and contrary to his Majestys Commandment, [and whereas
it is probable that he wiU touch at some Irish port, he is, if
36 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1620.
so, to be captured and] safely conveyed unto us, and his
shipe or ships soo bestowed as they may be safe without
further proceeding in that voyage. [p. 487. last %]
[55.] Whitehall, 7 May :
Captain Whereas Captaine Koger North is lately gonn out from
North. the Port of Plimouth in a Shipp bound for the River of the
Amazons in the West Indies, contrary to his Majesties
expresse pleasure, and Comaundement signifyed vnto him by
a Secretarie of State. And that it is thought fitt, and
requisite, that the Comission formerly graunted forth Concerning
the voyage and Plantation in the Countrey vpon the foresaid
River bee called in. It is this day ordred that Sir Clement
Edmonds knight Clerke of the Councell attendant, doe forth-
with repare to the Earle of Warwick, in whose custodie, it is
conceaued, the said Comission is nowe remayneing and doe
pray and require his lordship in his Majesties name, to dehuer
the same vnto him which hee is to bring to their Uordships
to bee disposed of as his Majestic shall please to Direct.
[p. 488 U 1.]
[56.] Ibid.
Captain A Letter to the Lord Marquis Buckingham, Lord hiegh
North Admirall of England. [In view of Captain North's unauthorised
departure for Guiana], Theis shalbe to pray your Lordship to
take speciall order that all Shippes hereafter outward bound may
haue Direction, and Commaundement. That if they meets
with the said Captaine North, and his Companie, they appre-
hend and take him, and his Shipp (if they bee able) and to
bring him back into this Kingdome to aunsweare his said
Contempt. Or otherwise if they shall not find themselues of
sufficient streingth to bring him in, that then they commaund
him in his Majesties name and vpon his AUegeance; to deUuer
vp vnto them the Comission hee hath for the said voyage to
the River of the Amazons, and to commaund him to desist
from anie further prosecution of the same, but ymediatly to
retorne to Englaunde : And lastly that noe Shipp doe assist
him or convay vnto him either victuaU, or anie other prouision,
as they will aunsweare the contrary Hereof wee pray your
Lordship to haue a speciall care. [p. 488. ]f 2.]
1620.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 37
[57.] Star Chamber, 16 May : Present :— Lord Archbishop Captain
of Canterbury, Lord Steward, Lord Chamberlen, Earl of .""f^^^
Arundell, Earl of Southampton, Lord Digbie, Mr. Treasurer,
Mr. Secretary Naunton, Mr. Secretary Caluert, Mr. Chancellor.
Letters of the tenor following directed to the persons
vnder named. Whereas his Majestic taketh notice that you
haue ben a fauorer and Assistant vnto Capten North now in
his Voyage to the River of the Amazon?, as well by yeilding
vnto him many Supplies, as by exchainging his Moneys,
keepeing of his Accomptes and otherwise : And that wee
hold it expedient seriously to admonish you not to medle
any further in that busines for the future. These shalbe to
will and require you and in his Majesties name straitly to
charge and Comaund you upon your duty, and allegiance not
to ayde or assist or by any waies or meanes directly or
indirectly to furnish the said Capten or his Companie with any
Supphe of Money Victuall or other prouision whatsoever as
you will answere the Contrary at your vttermost perrill.
Sir Edward Seimour, knight. Mr. Tuck. Robert Bateman.
Jenninges. of Plymouth Marchant. Bagg Comptroller of
the Porte of Plymouth. [p. 495. ]| 2.]
[58.] Whitehall, 23 May :
This day the Governor and Companie of Noblemen, and Guiana.
Gentlemen of the Cittie of London : Adventurers in and about
the Riuer of the Amazons vizt. the Earle of Rutlande, the
Earl of Dorsett, the Earl of Warwick, the Lord Pagett, the
Lord Peetre, Sir Thomas Somersett, Sir Edward Cecill, Sir
Thomas Cheek, Sir WiUiam Haruie, Sir John Danuers, Sir
WiUiam Cauendish, Sir Marmaduke Dorrell, Sir Francis Louett,
Sir Francis Kinnaston, Sir Peregrine Bartie knightes and others,
presenting themselues to the Boarde, made Surrender of their
Charter; And Deliuered alsoe a letter of Attorney vnto Sir
Clement Edmonds knight Gierke of the CounceU attendaunt,
to acknowledge the said Surrender : which was accordingly
acknowledged before the Lord Chancellor. And withaU the
38 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1620.
said Governor and Companie humbly prayed, That whereas
they had humbly submitted themselues to his Majesties
gracious pleasure and Commaunde in surrendring their saii
Charter : their CounceU might attend hi? Majesties CounceU
learned, for the draweinge vp of an Act of CounceU : whereby
they may bee freed from anie Dainger of anie precedent Acts
Donn by them by virtue of their said Charter, before the Sur-
render of the same: which was thought fitt, and ordred
accordingly. [P- ^05. 1j 2.]
[59.] Whitehall, 23 July : Present :— Lord Chancellor, Lord
P. Scale, Earl of Arundell, Lord Digbie, Mr. Secretary
Naunton, Mr. Secretary Caluert, Master of the RoUes, Master
of the Wards, Mr. Comptroller.
Plymouth A Letter to Sir Thomas Couentrie knight his Majesties
Company, gojijcitor generall. Whereas it is thought fitt that a Patent
of Incorporation be graunted to the Adventurers of the
Northerne Collonye in Virginia, to containe the hke Uberties,
priviledges, power, authorities Landes and aU other thinges
within their Lymittes, vizt. betweene the degrees of 40 and
48 as were heretofore graunted to the Companie of Virginia :
Excepting only that whereas the said Companie haue a freedome
of Custome and Subsidie for xxj"" yeares and of Impositions
for ever This new Company is to be free of Custome and
Subsidie for the hke Tearme of yeares and of Impositions for
so longe tyme as his Majestie shall please to graunt vnto
them. These shalbe therefore to will and require you to
prepare a Patent readie for his Majesties Royall Signiture to
the purpose aforesaid leaueing a blancke for the tyme of
fireedome from Impositions to be suppUed and put in by his
Majestie ffor which this shalbe your warrant. [p. 574. ^f 2.]
[60.] Ibid.
Newfound- Whereas Capt. Wytborne hauinge spent much tyme in
Newfoundland ; hath set downe in writinge divers obser-
vations and noates, touchinge the state and Condition of that
Plantation; which hee desireth may bee pubhshed, for the
1620-1. J ACTS OP THE PRIVY COUNCIL (COLONIAL). 39
fortherance and advansment of the said plantation; and to
give incorragment to such as shall adventur therein. There
llordships did give good approbation of his good indevor and
purpasse. And ordered that accordinge to his desire hee
should haue the printinge of that Booke ; with this forther
addition of favor that the Booke soe printed bee recommended
to the Lord Archbishop of Canterburie and the rest of the
Lord Bishops, To bee distributed to the severall parishes of the
Kingdom for the Incoridgment of such as shalbee wilUnge
to assist that Plantation ether in there persons or otherwise.
if. 578. Tf 2.]
[61.] Whitehall, 6 January:
A Warraunt to committ Captaine Roger North to the Tower Captain
of London. [p. 661. Tj 4.] ^°'**^-
[62.] Whitehall, 28 February : ^
A Letter to the Lieutennaunt of the Tower requireing him Captain
„ . il North.
to enlarge and sett at libertie the person of Captaine Roger
North heretofore comitted prisonner to his charge.
[p. 685. 1[ 3.]
JAMES I. VOLUME V. (4 Mar. 1621—30 May 1623.)
[63.] Whitehall, 4 March : Present :— Lord Archbishop of
Canterburie, Lord Chancellor, Lord Treasurer, Lord Priuie
Scale, Lord Stewarde, Lord Chamberlein, Earl of Arundell,
Earl of Southampton, Earl of Kellie, Lord Viscount Doncaster,
Lord Viscount Falklande, Mr. Treasurer, Mr. Secretarie Caluert,
Mr. Chancellor of the Exchecquer, Sir Edwarde Coke,
Master of the Wardes.
Whereas his Majestic was moved at the instaunce of the Virginia
Companie for the Plantation in Virginia to giue them lycence
by Proclamation to sett forth, erect, and pubhsh Lottaries
within this Kingdom^, for the rayseinge of moneis towards
40 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1621,
the advancement of that Plantation, and the rehefe of the
Distressed Collonies there. And that Complaint hath hen
made to his Majestic by the Commons House of Parlament
of the great abuse of the said Lottaries, and the preiudice the
Comonwealth hath thereby sustayned. His Majesties pleasure
is, and accordingly it is this day ordred that the further
execution of those Lottaries bee suspended. And forasmuch
as the same were lycenced by Proclamation, it is thought
fitt the Suspension bee Ukewise by Proclamation : which is to
bee prepared and made readie for his Majesties Royall Signature
accordingly. [P- H- If 2.]
[64.] Whitehall, 12 April :
Captain A Letter to the Lievtenant of the Tower to receive into his
North. charge and keepeing the person of Capten Roger North to
remayne prisoner there upon Comaund from his Majestie
untill further order. [p. 30. ^ 3.]
[65.] Whitehall, 18 June : Present : — Lord Archbishopp of
Canterburie, Lord Treasurer, Lord Privie Seale, Lord Steward,
Lord Admirall, Lord Chamberlaine, Earl of ArundeU, Lord
Viscount Doncaster, Lord Viscount Falkland, Lord Carew,
Mr. Secretarie Calvert, Mr. Chancellor of the Exchequer,
Master of the RoUes, Master of the Wards, Mr. Deane of
Westminster.
New Whereas there was a petition exhibited vnto his Majestie
in the name of the Pattentees and Adventurers in the Plan-
tation of New-England concerning some difference betweene
the Southerne and Northerne Colonies, the which petition
was by his Majestie referred to the consideration of the Lords.
Their Lordshipps vpon the hearing and debating of the matter
att large and by the consent of both Colonies did estabhsh
and confirme two former orders, the one bearing date the
16th of March 1619 agreed vpon by the Duke of Lenox
and the Earle of ArundeU (to whom the busines was referred
by the Board) the other of the 21th of July 1620 ordered
by the Board, whereby it was thought fitt, that the said
1621.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 41
Colonies should fish att Sea within the limitts and bounds of
each other reciprocally, with this Umitation that it bee onely
for the sustentation of the people of the Colonies there and
for the transportation of people into either Colonic (as by the
said order more att large appeareth) And further it was
ordered att this present by their Lordshipps, That they should
haue freedome of the Shore for drying of their nettes, and
taking and saving of their fish, and to haue wood for their
necessary vses, by the assignement of the Governors att
reasonable rates. Lastly that the Patent of the northerne
plantation shalbe renewed, according to the premises. And
those of the Southerne plantation to haue a sight thereof
before it be ingrossed, And the former Patent to be dehvered
into the handes of the Pattentees. [p. 58. ]| 2.]
[66.] Whitehall, 30 June :
A Letter to Lord Archbishop of Canterburie. Whereas Newfound-
Captaine Richard Whitbume of Bxmouth in the County of
Devon gentleman having spent much time in Newfoundland
(whither he hath made sundry voyages and some by expresse
Commission) hath sett downe in writing divers good obser-
vations and notes touching the state and condition of that
Country and the plantation there, which being by order from
vs now printed he desireth may be pubUshed throughout
the kingdome for the furtherance and advancement of the
said plantation, and to giue encouragement to such as shalbe
willing to adventure therein and assist the same either in
their persons or otherwise, to which wee thinke the publication
of his booke may much conduce. As wee doe giue good
approbation of his endeavoiirs and purpose, Soe haue wee
thought fitt earnestly to recommend him vnto your Lordshipps
good favour both for the distribution of his bookes within
that Province of Canterbury vnto the severall parishes
thereof. As also for your Lordshipps helpe and furtherance,
That after his great travell and charges, wherein he hath
spent much of his time and meanes (having formerly beene
a Merchant of good estate) he might reape by your lordshipps
42 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1621.
assistance some profitt of his labors from such voluntarie
contributions as shalbe willingly given and collected for him
within the severall parish Churches of the said Province
Which wilbe both a good encouragement to others in the like
endeavours for the service of their Countrie, And not onely
a reward to him for his said travell and charge, but also a
helpe to repaire his estate much decayed by losses att sea.
And soe recommending him earnestly to your lordshipps
good favour, Wee bidd, &c. [p. 76. ^ 2.]
Another letter of the same tenor mutatis mutandis to the
Lord Archbishopp of Yorke. [p. 76. ^ 3.]
[67.] Theobalds, 18 July :
Captain A Letter to the Lieutenant of the Tower. Whereas his
North. Majestie is graciously pleased to give order, that Capten Roger
North now Prisoner vnder your charge in the Tower be
inlarged and sett at hberty vpon Caution to be taken by the
Judg of the Admiralty, that he shaU not hereafter any way
prosecute his voyage and Adventure to the Riuer of the
Amazons which Caution is already taken accordingly. These
shalbe to will and require you to sett Capten North at liberty
fEor which this shalbe your warrant. [p. 100. ^ 1.]
[68.] Whitehall, 18 July : Present : — Lord Archbishop of
Conterburie, Lord Keeper, Lord Tresorer, Lord Priuie Seale,
Lord Steward, Earl Marshall, Lord Bishop of Winton, Lord
Brook, Lord Cranfield, Mr. Tresurer, Mr. Secretarie Caluert,
Master of the Rowles.
Guiana. Vppon a petition exhibited to his Majestie by the Irish
interressed in the Tobacco lately brought from the River of
the Amazons, and referred to the Lord Heigh Treasurer of
England, and now brought to be orderred by the Boarde,
concerning an Imposition of Qd. vpon the pound demaunded
by the ffarmors of Tobaccoe for Importation. Their llordships
haueing had consideration thereof, doe see noe cause, where-
fore any thing should be demaunded for any the Tobaccoe soe
1621.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 43
imported by way of Imposition, And doe therefore order, that
the Lord Heigh Treasurer of England doe give present order
to discharge the Tobaccoe out of the Custome House brought
from the River of Amazons vpon the payment of his Majesties
Custome for the same. [p. 102. last ^.]
[69.] Whitehall, 27 July :
The business concerning the Tobaccoe, and other goodes Guiana,
brought from the River of the Amazons formerly orderred by
this Boarde, was this day brought againe to their Uordships
at the Instance of the ffarmors of the Impostes vpon
Tobaccoe, And . . . . It is now finally orderred with
consent of all parties. That the Lord Heigh Treasurer of
England doe give order for the delivery aswell of the said
Tobaccoe, as the other goodes brought from the River of the
Amazons, paying besides the duties of Custome to his Majestic
three pence vpon the pound by way of Impost And likewise
to make defalcation of the other three pence vpon the pound
vnto the ffarmors of the Impost. And withaU to prouide
that what shalbe wanting of the Assignement made over
to the Lord Digbie out of those Impostes be otherwise suppUed.
And lastly it is orderred that such of the Irish or others as
haue Interrest in this Tobaccoe or other goodes, shall not
take any advantage against Captaine North, or any other
of the late Adventurers to the Amazons for not performance
of Articles formerly agreed on or vppon any other pretences
concerning theis retoumes from thence. [p. 109. ]| 1.]
[70.] At Sir ffrancis Jones his house Lord Maior of the
Cittie of London, 30 July :
Whereas the Vndertakers for the Importation of Tobaccoe, Tobacco,
haue ben earnest Suitors to the Board that some speedie
course may be taken for preventing the Importation of
Tobaccoe brought in by connivancie and contrary to his
Majesties Proclamation and other his Heighnes royall direc-
tions, Nevertheles divers of his Majesties Subiectes and
Straingers haue and doe presume to plant. Import, receive,
buy and seU Tobaccoe, to the greate preiudice of the said
44 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1621.
" direction
was given
for this
order by Mr.
Secretary
Caluert
which
remaynes in
the handes
of Sir
Albertus
Morton
knight."
Tobacco.
Vndertakers. In regard whereof, it is this day orderred that
the Lord Heigh Treasurer of England, doe presently graunte
such Warrant and severall warrantes of Assistance in as full
and ample manner as may be, for the preventing, and sup-
pressing of the Importation and sale of all Tobaccoe, other
then shalbe first imported and sould by the Vndertakers.
And where they the said Vndertakers their Assignes or his
Majesties officers or others shalbe with the assistance of a
Constable or other officer refused to search, see, finde out,
and to discover any Tobaccoe suspected to be brought in, or
disposed of contrary to his Majesties Proclamation, that in
such case the Constable or other officer shall or may breake
vp any doore or locke in any House Shipp, or other place to
search and see whether any such Tobaccoe be there or not,
and with such other clauses and considerations as his
Lordship shall thinke fitt. [p. 113. ^ 2.]
[71.] Att Mr. Sheriffe Aliens house, 6 August : Present :—
Lord Keeper, Lord Treasurer, Lord Brooke, Mr. Secretarie
Calvert, Master of the Rolles.
A letter to the Lord Mayor and Aldermen of the Citty of
London. Whereas divers of his Majesties Subiectes as also
Strangers haue presumed to plant Tobacco within this king-
dome contrary to his Majesties Proclamation, and other his
Royall Directions, to the hurt and preiudice of his subiectes
and the high contempt of his Majesties RoyaU authority,
His Majestie being resolved not to indure such a insolencie,
but to lett those oifendors know what it is to contemne his
Princely pleasiire, hath given vs directions by vertue whereof
wee require your I^ordship &c to take present order, that all
such Tobacco as is now planted, within the Citty and the
liberties thereof may be viewed by your selues or some two
or three of you att the least and sequestred into safe handes,
taking such course that those that haue planted the same
may neither make nor meddle therewith from henceforth vntill
you receiue further order, for which this shalbe your
warrant
1621. J ACTS OF THE PRIVY COUNCIL (COLONIAL). 45
ffoure other letters of the same tenor to the high Sheriff es
and Justices of peace in the Counties of Kent, Essex,
Middlesex, and Surrey with this difference, Wee require you
to take present order that all such Tobacco as is now planted
in the County of Etc [p. 117. Illj 1 and 2.]
[72.] Hampton Court, 24 September : Present : — Lord
Archbishop, Lord Keeper, Lord Treasurer, Lord Steward,
Lord Brooke, Lord Cranfielde, Mr. Treasurer, Mr. Secretarie
Caluert, Master of the Roles, Sir Richard Weston.
A Letter to Sir Albert Moreton knight one of the Clerkes Captain
of the Councell. Information is made vnto vs by the humble °^^ '
petition of Roger North esqr. that the Tobaccoe brought by
him from the River of the Amazons belonging to his share,
and nowe a long time detayned in the Custome house,
touching some question, and differrence about the Custome and
Impost due for the same, is by meanes thereof soe extreamely
decayed, as the dutie of nyne pence in the pound demanded
and insisted vpon by the ffarmors is esteemed to bee neere
the full worth of the Tobaccoe, which if it bee true As it
ought in all reason, and conscience to bee considered of by the
ffarmors themselues and such abatement made as should
bee reasonnable and iust : Soe wee haue thought meete hereby
to authorize and require you, takeiage to your assistance
such persons experienced in Tobaccoe as you shall thinke meete,
to repare to the Custome House, and vpon view of the foresaid
Tobaccoe, to certefie vs of the true state, value, and con-
dition thereof that therevpon such further order may bee taken
as shalbe meete. [p- 144. last ^.]
[73.] Hampton Court, 26 September :
A letter to the ffarmors of the Custome, and Impost vpon ^^'P^j^™
Tobaccoe. [Captain North having represented] that the
Tobaccoe belounginge to his share, and not exceedeing 7,000
waight or thereabouts, did lye there in the Custome House
for waunt of meanes to satisfie the Custome, [and since Sir
46 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1621.
Albert Moreton] vpon view and tryaU thereof hatji certefyed
vs that the state, and condition thereof is soe badd, as it is
now of verie smale value, not exceedeing at the most, by the
estimation of the parties that viewed it, twelue pence in the
pound, which yet the said parties doe refuse to giue, or to
haue anie dealeing at all with so badd a parceU. Vpon due
consideration whereof as his Majestie thinketh it fitt both
in honor and Justice to remitt his part : Soe it is expected
that if the said Tobaccoe bee of soe base a quallitie you should
discharge and dehuer the same to Captaine North by Bill
of Stoare : whereof you are to inform yourselues, and to
retome your aunsweare vnto vs by ffryday morneinge next.
[V- 148. Tl 1.]
[74.] , 28 September : Present : — Lord Arch-
bishop, Lord Keeper, Lord Treasurer, Lord Stewarde, Earl
Marshall, Lofd Viscount Falkland, Lord Bishop Winton,
Lord Brooke, Lord Cranfield, Mr. Secretarie Caluert, Master
of the Roles, Sir Rich. Weston.
New A letter to the Mayor of Bristoll, Exeter, Plimouth,
England. Dartmouth, Barnestable, and Waymouth, and to each of
them, and to all Marchaunts, Owners of Shipps and other
his Majesties Subiects to whom it shall or may appertains
Whereas wee haue ben informed on the behah of the
President, and Councell of New England, that although they
by their Ordinances estabhshed by the authoritie of his
Majesties Letters patents haue freely giuen way to anie
marchaunts, or others to become Adventurers with them in
their Trade and Plantation in those parts, soe as they submitt
themselves to such convenient Orders as shalbe sett downe
for the advancement of that Plantation, and more regular
and free increase of pubhck Trade : notwithstaundinge there
are some whoe haue alreadie attempted and are in further
preparation to assume a Hbertie to themselues to trade, to
the preiudice of the said Plantation, without respect to the
said Government or Orders estabhshed for the pubhck good :
which if it should bee toUerated in them, would not only bee
1621.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 47
a prejudice to the present Adventurers, who by their industrie
haue discouered those remoate places, and with the hazard
of the hves of their people, and expence of their Estates, haue
layd the first foundation of soe honorable an Enterprize, but
would alsoe bring a confusion to the said Plantation, and
an overthrowe vnto that Trade, and bee likewise an vtter dis-
couragement to all futiu-e endeavours of the like kind : Wee
haue therefore thought fitt hereby to lett you knowe, and
doe requiere you to signifie as much vnto such of his Majesties
Subiects inhabiting neere vnto that Coast whom the same
may concerne : That if anie person shal presume to attempt,
or doe anie thing in that behalf contrarie to his Majesties
said Graunt, hee is to expect noe les then the due execution
thereof, and such further punishment as is fitt to bee inflicted
vpon those that shall contemne his Majesties Royall authoritie
neuertheles it is hereby intended and soe ordred, that the
Agreement made by order of this Board betweene them of
New England, and Virginia shall in all respects bee duly observed
by either partie. [p. 148. last ^.]
[75.] Whitehall, 10 October :
Whereas Diego de Castro Cartesar a Spanish Gentleman Sir Walter
did this dale make knowne to the Board (in the behalfe of ^^^^
Francisco Davila) that he had beene long depending vpon
his Royall Majestie about the restitution of certaine goodes
taken by Sir Walter Rawleigh in St. Thome of Guiana,
. . shewing that in his Majesties Exchequer there is
detained and arrested att his demand the summe of 7001.
sterling being the fourth part belonging to Mr. Herbert one
of Sir Walter Rawleighs Associattes which Mr. Herbert was
to haue out of the shipp he went in and which he desired
might be delivered vnto him . . . Their lordships did
order. That the said Diego de Castro should be recommended to
the Court of the Admiraltie to follow his cause there. . . .
[p. 157. U 2.]
[76.] Whitehall, 19 October : Present :— Lord Archbishop
of Canterburie, Lord President, Earl Marshall, Mr. Secretarie
Calvert, Master of the RoUes, Sir Richard Weston.
Captain
North.
48 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1621.
A Letter to the ffarmors of the Custome and Impost vpon
Tobacco. Wee conceived that our late directions of the
26th of September last for the discharge and deliverie of that
parcell of Tobacco brought by Captaine Roger North from
the River of Amazons would haue both freed this board from
any further trouble, and him from further charge concerning
that busines. But forasmuch as wee are informed by his
humble petition that although you the customers haue yeelded
to the remitting of M. vpon the pound being one halfe of
the Custome, yet you insist vpon satisfaction for the other
halfe As in Uke manner you the ffarmors of the Impost
refuse to dispence with the other three pence vpon the pound
due for your partes, although the Tobacco be now found and
soe certified to vs to be of verie httle value Vpon consideration
whereof as also of former directions from his Majestic and
this Board, and of the Patent granted to the Adventurers for
those partes, which though it be recalled, yet in divers good
respectes it was intended they should inioy the benefitt thereof
for this yeare in the point of exemption from the payment
of Impost, Wee haue thought good hereby to lett you know
that wee doe accordingly expect you should presently discharge
and deliver vnto the said Captaine North the Tobacco
belonging to his share and not exceeding 7000 waight or
thereaboutes without custome or Impost to be paid or without
any defalcation to be accounted vnto his Majestie for the
same. \p. 166. ^I 1.]
[77.] Whitehall, 24 October : Present : — Lord Archbishopp
of Canterburie, Lord Keeper, Lord Treasurer, Lord President,
Lord Carew, Mr. Treasurer, Mr. Secretarie Calvert, Master of
the Rolles, Sir Richard Weston.
Virginia. Whereas the kinges most excellent Majestic duely waighing
in his princely Judgement the great advantages both of honor
and profitt wiiich this Crowne and state might receiue from
a setled and well ordered plantation in Virginia was graciously
pleased for the better encouragement and furtherance of the
undertakers therein to grant vnto them sundrie verie large
1621.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 49
immunities and priviledges, as not doubting but that they
would apply themselues vnto such courses as might most
firmely incorporate that plantation vnto this Commonwealth
and be most benefioiall to the same, which will best be done
if the Commodities brought from thence were appropriated
vnto his Majesties subiectes, and not communicated to
forraine Countries but by way of Trade and commerce from
hence onely. fforasmuch as their lordshipps having beene
informed that the said Vndertakers haue for private respectes
setled their Magazin of Commodities to be brought from
Virginia in a forraine Countrie which course in noe wise is to
be suffered, neither in policie nor for the honor of the state
(that being but a Colonic derived from hence) as also for that
it may be a losse vnto his Majestic in his Customes, if not
the hazarding of the Trade which in future times is well hoped
may be of' much profitt vse and importance to this Common-
wealth, Their Lordshipps for these and sundry other reasons
of state, and vpon full hearing of the foresaid vndertakers
now the second time called to the Board, thought fitt and
accordingly ordered that from henceforth aU Tobacco and
other commodities whatsoeuer to be brought and traded from
the foresaid plantation shall not be carried into any forraine
partes vntill the same haue beene first landed here and his
Majesties Customes paid therefore. Neverthelesse for that
the ffactors of the Merchantes now abroad cannot soe
suddainely haue notice hereof, and that they may haue time
to vent those commodities which att this present they may
haue in forraine partes. Their lordshipps were pleased to
respite the execution of this present order for foure Moneths,
which time being expired their lordshipps pleasure is the
same should be duely kept and observed. [p. 173. ]| 2.]
[78.] Whitehall, 15 December: Present: — Lord Treasurer,
Lord President, Lord Pr. Scale, Lord Steward, Earl Marshall,
Lord Digbie, Mr. Secretarie Calvert.
A letter to Sir Dudley Carleton knight his Majesties New
Ambassador resident with the States of the United Provinces.
50 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1621-22.
Whereas his Majesties Subiectes haue many yeares since taken
possession of the whole precinct and inhabited some partes
of the North of Virginia (by vs called New-England) Of all
which Countries his Majestic hath in like manner some yeares
since by Patent granted the quiet and fuU possession vnto
particular persons, Neverthelesse wee vnderstand that the
yeare past the Hollanders haue entred vpon some part thereof,
and there left a Colonie and given new names to the severall
Portes appertaining to that part of the Countrie, And are now
in a readines to send for their supply six or eight shipps.
Whereof his Majestie being advertised, wee haue received his
royall Commaundement to signifie his pleasure that you should
represent these thinges vnto the States generall in his
Majesties name (who iure primce occupationis hath good and
sufficient Title to those partes) and require of them that as
well those shipps as their further prosecution of that plan-
tation may be presently stayed. [p. 209. ^ 3.]
[C.S.P. I., p. 26.]
[79.] , 17 February : Present : — ^Lord President,
Marquis Hammilton, Earl Marshall, Earl Digbie, Mr.
Secretarie Calvert.
^ew A Letter to the Lord Carew Master of the Ordnance.
Whereas it hath pleased his Majestie by his letters Paten tes
granted vnto the President and Counsell of the plantation
in New England among other Hberties and immunities
therein mentioned to giue them free licence to transport
munition and Ordnance for the necessarie defence of that
Country fforasmuch as humble sute is now made vnto vs
that licence may be granted vnto Thomas Weston Merchant
of London one of the Aventurers for those partes to send
over in the shipp called the Charitie of London of the burden
of one hundred Tunne, whereof William Reynolds is Maister
(or in any other shipp or shipps that hereafter shall goe for
the said place) Thirty peeces of Iron Ordnance, namely fifteene
demy Culveringes, waighing betweene thirty and thnty six
hundred waight the peece, ten Sakers betweene twenty and
1622.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 51
twentie eight hundred the peece, and fine Minions betweene
ffourteene and twenty hundred waight the peece : These are
to pray and require your lordship that according to such
cautions as are prescribed in certaine orders estabhshed about
the exportation of Ordnance you permitt and suffer the trans-
portation of the foresaid Thirty peeces of yron ordnance vnto
the plantation in New-england in the manner abouesaid ffor
which this shalbe your warrant. [p. 253. ^ 2.]
[80.] Whitehall, 19 February: Present: — Lord President,
Lord Chamberlaine, Lord Viscount Falkland, Lord Digbie,
Lord Brooke, Mr. Secretarie Calvert, Master of the Rolles.
A Letter to the Governor and the rest of the Barmuda Com- Bermudas.
pany . Vpon the information of the Spanish Ambassador (a Copie
whereof wee send you inclosed) wee haue taken notice of a
Complaint concerning a wrong supposed to be done to the
subiectes of his Maister the King of Spaine by some of your
Company, £Eor satisfaction wherein he hath beene verie earnest
and himselfe in person with vs att the Board Wee haue
therefore thought good to referre the matter to you, Requiring
you to take it into your serious consideration, and when
you.haue weU waighed and examined the particulars mentioned
in the said information to take such a course for restitution
and satisfaction as may be answerable to the good friend-
shipp and correspondencie betweene these two Crownes, soe
as there be no iust cause of further complaint.
[p. 252. 11 4.]
[81.] Whitehall, 4 March :
A passe for Captaine Diego Ruys de la Vega and two Bermudas.
Negrowes, John Gomes Marin and his wife Donia Lucia with
two other Negroes haueing sufferred Shippwracke neere the
Island of Barmudoes were sent hither by the Governor there,
and are now to take their Journey into Spaine and to carrie
ouer with them such prouisions as they haue (not being
prohibited) and are to be afforded fauor and assistance vpon
all occasions for their more convenient passage.
[p. 271. U 3.]
52 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1622.
[82.] Whitehall, 2 May :
Virginia. [A warrant for the reprieve of] DanieU ffrank William
Beare and John Ireland now Prisoners in the White lyon in
Southwarke, [and for their transportation to Virginia, not
to return without warrant.] [p. 342. ^ 1.]
Bermudas,
[83.] Whitehall, 8 May : Present : — Lord Keeper, Lord
Treasurer, Lord President, Lord Priuy Scale, Lord Steward,
Marquis Hamilton, Earl Marshall, Lord Viscount fEalkland,
Lord Carew, Mr. Treasurer, Mr. Secretary Caluert, Master
of the RoUes.
Whereas Complainte hath ben made by Captaine Diego
Ruiz de la veja, and John Gamez Marine Spaniardes, that
they haueing sufferred shippwracke neere vnto the Bermoudoes,
were forced by NathanieU Butler Governor there, amongst
many other hard vsages, to give Bond for the payment of 801.
for the transportation of themselues and their Companie into
England, And vpon their arriveall here, a Brother of the said
Governors hath caused them to be arrested vpon the foresaid
Bond, and comenced his Suite at the Comon law. It was
thought meete at the instance of the Earl of Gondomar
Ambassador from the Kinge of Spaine, that forasmuch as the
said Gouernor of the Bermudoes, is very shortely expected
here, and that the Complainantes pretend to haue divers
matters against him, the proceedinges vpon the Bond be for-
borne vntill his comeing ; And that the Action be transferred
to the Court of Admiralltie as the most proper place for
determynation thereof, where sufficient Caution is to be given
on the behalf of the said Straingers for answering the same
as the. said Court shall sentence it whereof aU parties whom it
may concerne are hereby to take notice as they wiU answere
the contrary at their perrills. [p. 352. ^ 2.]
Bermudas.
[84.] Whitehall, 31 May:
[The case of Captain Butler against Captain Diego Ruiz de
la Vega and John Gomez Marine, had been stayed in view
1622.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 53
of the expected arrival of the Governor of the Bermudas,
and transferred to the Court of Admiralty ; but] their Lord-
ships upon better information therein doe now thinke meete,
that forasmuch as the Action is grounded upon the specialtie
of a Bond, the same be leaft to a Tryall in any His Majestys
Courts of Justice, that may properly take cognizance thereof,
without tyeing either party to any particular Courte.
iV- 378.]
[85.] Star Chamber, 11 July:
Some of the Virginia Companie presenting themselues this Bermudas.
day at the Boarde informed their Uordships That the Spanish
Ambassador had sent vnto them to acknowledg the speedie
Justice they had done him touching the recouery of such
goodes as were saued vppon a late wracke of a Spanish Shipp
vpon the Summer Islandes, and withall to desire, that for the
further recouery of such goodes as were there lost, he might
be permitted to send over a man of his owne to the said
Islandes, with which request the Company thought it their
dutie to acquainte the Board : themselues being very readie
and wiUing to appoint some of their owne people to goe over
with fuU authoritie, to search for, and discouer, for the
Ambassadors vse, any goodes lost as aforesaid, whereof their
Uordships haueing taken consideration. As they held it
expedient to give the Ambassador aU due content, soe they
were loath to put his lordship to the trouble of sending over
a man of his owne. And therefore resolued for his better
satisfaction to appointe some meete person themselues, to
goe over to prosecute that busines whoe should give the
Ambassador a iust and true Accompt of the State thereof, and
of whatsoever may be further recouered of the said goodes.
VV- 431. H 2.]
[C.S.P. L p. 31.]
[86.] Whitehall, 16 July:
Whereas John Bargraue, esqr hath by his petition this Virginia.
day presented to the Boarde made earnest instance to be
hearde and releeved in the Complainte made by him against
54 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1622.
Sir Thomas Smyth Alderman Johnson, and others for vniust
practices, and miscarriage in the Gouerment of the Virginia
Plantation, to the greate dammage of the publicke, and the
losse of the Petitioner, and his partner to the value of Six
Thousand and Six Hundred poundes. It was this day orderred
that the Lord Viscount Grandison, the Lord Brooke, the
Master of the Holies, and Sir Edward Conway knight calling
the parties before them shall take due examynation of the
said Complainte and haueing informed themselues of the true
state thereof make reporte of the same to the Boarde,
together with their opinions that further order may be given
therein as the cause shall require. [p. 439. ]| 1.]
[C.S.P. I. p. 31.]
[87.] Whitehall, 29 July : Present :— Lord Archbishop of
Canterbury, Lord Keeper, Lord Treasurer, Lord President,
Lord Priuy Scale, Lord Viscount ffalkland, Lord Viscount
Grandison, Mr. Treasurer, Mr. Secretary Caluert, Master of
the Rolles.
Virginia. The Company for the Virginia Plantation haueinge through
negligence and too much securitie of their people there, and
the trecherie of the Savages received a losse of neere 400 persons,
did make humble Suite to his Majestic for certaLne old cast
Armes remayning m the Tower and the Mynorites ; Which
though they were altogether vnfitt, and of no vse for modeme
Service, might nevertheles be serviceable against that naked
people, wherevnto his Majestie for the better strengtheniag
of that Plantation, and the saf etie of his Subiectes there, haueing
graciously condiscended. Ana the Company presenting this
day to the Board a note of such of the said vnserviceable
Armes as they desired. It was orderred that the Lord Heigh
Treasurer of England caUing vnto him some of the Officers of
the Ordinance shall advise what sortes and proportions of
the said Armes, are fitt to be dehvered for the vse afore-
said and therevpon give order for delivering the same
accordingly. |-p_ 449^ ^ 3.]
[C.S.P. I. p. 32.]
1622.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 55
[88.] Windsor, 12 August :
[A warrant to the High Sheriff of Norfolk for the reprieve, Virginia.
and for the transportation to Virginia of] James Wharton
convicted and condemned .... for drawing of a
purse. [p. 465. ^f 2.]
[89.] Whitehall, 23 October: Present :— Lord Archbishop
of Canterburie, Lord Treasurer, Lord President, Lord Priuie
Seale, Lord Steward, Lord Marquisse Hamilton, Earl Marshall,
Earl of KelHe, Lord Viscount Grandison, Lord Carewe, Mr.
Treasurer, Mr. Comptroler, Mr. Secretarie Calvert, Mr,
Chancellor of the Exchequer, Master of the Rolles, Sir Edward
Conwey.
The CounceU for the affaires of New England, presenting New
their humble Petition this day vnto the Board, and shewing,
That whereas his majestie by his letters Patentes hath bin
pleased to grant vnto them the managing of the affaires of
New England prohibiting all other his Subiectes, not Adven-
turers or Planters to frequent those Coastes, And that letters
were written from the Board, to severall Townes of the west
partes of the Kingdome, to conform themseluesvnto his majesties
said RoyaU grant, nevertheless sundrie irreguler persons
(Contrarie to the tenor of the said letters Patentes and the said
letters written from the Board) haue this last yeare sent and gone
into those partes. And disposessed some of the Shipps and
Planters of their proper places and Committed other outrages,
tending to the hinderance and great preiudice of the Plantation,
as in their said Petition more at large is expressed. Vpon this their
information. It was this day ordered by their lordships, that Mr.
Attorney GeneraU, should make readie a Proclamation fitt for
his majesties Signature, prohibiting all persons to resort vnto
the Coastes of New England, contrarie to his majesties said
RoyaU grant. [p. 498. If 1.]
[90.] Whitehall, 31 October:
[Consideration of the dispute between Sir Thomas Smith Virginia.
and John Bargrave is postponed till Thursday morning,
56 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1622-23.
Criminal
Transported
Virginia.
November 14th, at which date they are commanded to
attend.] [p- 509. 1| 1.]
[91.] Whitehall, 20 November:
[A warrant to the Sheriff of London concerning John
Carter, who was convicted for the stealing of a horse.
Carter having an able body to do his Majesty and his
country service, and it being doubtful upon the evidence
whether the horse was stolen or not, he is to be handed
over to Sir Edward Sackville for transportation into Virginia
or the Bermudas.] [p- 516. ^ 1.]
[92.] Whitehall, 26 November: Present: — Lord Viscount
Grandison, Lord Brooke, Master of the Rolles, Sir Ed.
Conway.
To whom the examination of the differences betwene John
Bargraue Esquier plaintife and Sir Thomas Smith and other
defendants, was referred by an Order of the 16th of July last
past.
After that the plaintifs Counsell had bene hearde at large,
for the more cleare and orderly proceding in the examination
of the cause betwene both parties. It was ordered, that the
plaintif shall deliuer the defendants his charge or accusation
in writing with the notes of his proofes on thursday next,
which wilbe the 28th of this moneth, and that the defendants
shall exhibite their answer thereunto, and notes of proofes
accordingly on the thursday next following in the morning.
And it was farther Ordered, that both the one and the other
shall conteine themselues within the extent of the complaint
and of the reference thereupon. [p. 518. T|]J 1 & 2.]
[93.] WhitehaU, 20 January :
Virginia. Vpon reporte made this day to the Boarde, by the Lord
ab^ueXt ^^ ^i^'^ou'^* Grandison how far he and the rest of the Committies,
deliuered vizt. the Lord Brooke, the Master of the Rolles and Sir
after." Edward Conway had proceded in hearing the cause betwene
Sir Thomas Smyth knighte with other defendants, and John
1623.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 57
Bargraue Esquire, and how weakely they found the same
grounded one the said Bargraues parte. It was Ordered that
the saide John Bargraue should forbeare from troubhng any
farther his Majestie or the Boarde with this cause, els receiue
condigne punishment according to his Majesties pleasure
heretofore signified to the Boarde in that behalfe.
[p. 564. II 1-]
[94.] Whitehall, 7 February:
[A petition by John Bargrave that as he] is now becomme Virginia,
farr indebted, and much pressed by hard and greedie Creditors,
his Majestie should be graciously pleased to
releeue his distressed estate, by granting him a Protection for
some reasonable tyme. [The Council recommends that in
view of his former good service, such protection be granted
to him and to his sureties for six months.] [p. 580. ^ 1.]
[95.] Whitehall, 12 February :
This Day certaine Articles importing a Contract, made Virginia,
betweene the Lord Treasurer of England on the behalfe of his
majestie, and the Virginea Company, touching the importation
of Tobacco, were read and allowed by the Board.
[p. 583. last 1I-]
[C.S.P. I. p. 37.]
[96.] Whitehall, 4 March : Present : — Lord Treasurer,
Lord President, Lord Marshall, Lord Brooke, Lord Chichester,
Mr. Treasurer, Mr. Controller, Mr. Secretarie Caluert, Mr.
Chancelor of the Exchequer, Master of the RoUes.
Whereas by an order of the Board, bearing date the 24th of Tobacco.
October 1621 it was upon diuers weighty and iust Con-
siderations and upon full hearing of the vndertakers of
Virginia, ordered, that no Tobacco or other Merchandize should
be transported out of any of the plantations of Virginia into
any forreigne partes, vntill the same should be first landed
heere in England and his Majesties Customes payd therefore.
Their Lordshipps hauing beene informed that notwithstanding
58 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623.
the same Order, there haue very lately Certaine shipps laden
with Tobacco both from Virginia and Summer Tslandes been
conueyed into forreigne partes without euer landing heere
The Board hath thought fitt to renew the said Order as well
for Virginia as the Summer Islandes and withall to enio3me
the Gouernors Officers and all other particuler members of
both those Companies who may any way be interressed
therein, to giue order as weU to preuent the hke fault heerafter
as to redeeme that already committed by procuring the said
shipps to returne hither vpon those penalties that the
refractories and contemners of the authoritye of the Board,
may expect. And the Gouernors and Officers of the said
Companies, are to take notice heereof , and to pubhsh it in their
Courtes respectiuelye, and to looke that it be executed
accordinglye. [p. 618. ]f 1.]
[97.] Whitehall, 25 March:
Virginia. A letter to the Master of the Rolles, Sir Robert Rishe,
Sir Peter Hayman Sir Thomas Wilford Christopher Brooke,
Henry Denne and John WiUyams or any 3 of them,
[authorizing them to call before them John Bargrave, his
sureties and his creditors, and to make such arrangement
as they see fit.] [p. 637. 1| 2.]
[98.] WhitehaU, 17 April: Present :— Lord Archbishop,
Lord Keeper, Lord Treasurer, Lord President, Lord
Priuie Seale, Lord Steward, Earle Marshall, Earle of KeUie,
Lord Viscount Grandison, Lord Carew, Mr. Treasurer,
Mr. Comptroller, Mr. Secretarie Caluert, The Master of the
Rolles.
sirm^dT'^ "^^^^^ lordships hauing this day by order from his Majesty
hearde at large the lorde Cauendish with others representing
the body both of the Virginia Company and the company of
the sommer Ilandes and diuerse particular Adventurers and
Planters, who had complayned to his Majesty of somme
grievaunce and hauing throughly considered the allegations
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 59
and answers on both partes, did order according to his
Majesties pleasure in that behalfe, that there shalbe a
Commission vnder the great Seale of Englande directed vnto
certaine persons of knowne suf3ficiencie and sincerity, who
shalbe thereby autorised to examine by oath and otherwyse
by all lawfuU meanes and wayes to make inquirie of the true
Estate of the Plantation both of Virginia and the Sommer
Ilandes, with all incidentes therevnto belonging from the
very begining of those Plantations vnto this present tyme,
As also what monyes haue since that tyme bene Collected for
those Plantations, by whom, and how those monyes were
procured, and also in what maner those monyes haue bene
expended. And after the expence of so great summes
of monye, what the true Estate and conditions are of those
Plantations now at this present. And to inquire and search
into aU abuses and grievances concerning the former par-
ticulars, and of all wronges and iniuries done to any of the
Adventurers or Planters, and the groundes and causes thereof,
and to propound after what sorte the same may be better
menaged. And lykewyse to inquire, who they be that pray
vpon the Inhabitantes and Planters, by selhng and bartering
commodities or victualls at excessiue and vndue rates, whether
the Magazme or priuate men, and at what price each Commodity
is solde. And to the ende there may no discouragement
amongst those who are now in Virginia or the Sommer-Ilandes
by particular Advertisementes that may proceed from any
factious humors, or priuate endes. Their llordships did
lykewyse farther order, that no particular letters shalbe sent
thither by any man, for or about any other matter, or
intelligence then onely concerning their priuate businesses.
That such as are wrytten or dehuered already, which are to
any other effect, shalbe taken back, and if any be sent not-
withstanding this Prohibition, the sending thereof shalbe
taken as a contempt, and infringing of this Order, and they
who send the same shall stande liable to such punishment
as the saide contempt shalbe found to deserve. Lastly their
llordships did order that the said Companyes shall wrjrte
60 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623.
general letters to those who are now in Virginia to exhorte
and admonish them to liue together in Concorde and vnity,
and to employ their endeavors ioynctly for the pubHque
good of those Plantations. To which purpose It was ordered
that letters of lyke tenor shalbe wrjrtten from the Boarde.
[p. 668. U 1.]
[C.S.P. I. p. 41]
[99.] Whitehall, 28 April : Present : — Lord Archbishop
of Canterburie, Lord Treasurer, Lord President, Lord Bishop
of Winchester, Mr. Treasurer, Mr. ComptroUor, Mr. Secretarie
Caluert, The Maister of the RoUes.
Bermudas. There hauing bene red this day at the Boarde a petition
presented by those Planters who came lately from the
Summer-Bandes, wherein they humbly sue, that they may be
againe possessed of the Tobacco that was brought by them
into Englande and seised by the Companie vpon their deniall
to pay an imposition of foure pence vpon every pounde of the
same Tobacco, which woulde tende to their exceding preiudice
and almost vndoing ; by meanes of which seisure and detention,
they are both barred from the enioying and vse of their owne
goodes, and are also in hasarde of sustaining greate losse by
the spoile thereof lying thus vnder arrest : Their llordships
vpon mature dehberation did thinke fit and Order, that the
saide Tobacco shalbe dehuered vnto them according to their
humble sute. But whereas it appeareth, that the aforesaide
imposition is intended for the payment of a great summe of
money taken vp vpon the credit of some particular persons,
for the general! seruice of the Companie, and therefore in
reason and equitie to be generally borne of all the members
and Aduenturers thereof ; their llordships did lykewise thinke
fit and Order that the Commissioners who are to examine the
estate and conditions both of that Companie and of the Companie
of Virginia, from the begining vntill the present, with all
thinges incident and conserning the same, shall lykewise take
into their consideration and aduise what proportion of
imposition may be fit to bee leauied and continued vntill
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 61
the aforesaide monies be fuUy repayed That in the meane
tyme the imposition shalbe suspended, and that after the
aduise giuen by the aforesaide Commissioners, and the pro-
portion set downe, the petitioners shalbe lyable to the
payment of such a proportion as by them shalbe set downe,
euerie man for his parte, as well for the Tobacco which shall
now be deliuered vnto them, as for that which they may
hereafter bring or receiue from the Summer -Ilandes aforesaide
vntill this debt of the Companie be fully discharged.
[p. 672.]
[C.S.P. I. V. 44.]
[lOO.J Whitehall, 28 April : Present :— Lord Carew, Lord
Bishop of Winton, Mr. Treasurer, Mr. Comptroller, Mr.
Secretarie Caluert, Mr. Chancellor of the Exchequer.
The letters of the Virginia and Summer- Ilandes Companies Virginia and
" '- Bermudas.
being this day perused were disallowed for that they did
not pursue the former directions giuen by this Boarde, which
was to certifie in their generall letters to the Plantations his
Majesties great grace and fauour towardes both the saide
Plantations ; And whereas a contract was formerly made
whereby his Maiestie shoulde haue had one third parte of all
the Tobacco coming thence, and also six pence vpon the pound
of the other twoe partes with diuerse other clauses in the saide
contract mentioned ; Now that their llordships vpon full debate
did finde that if the contract did procede in that manner as
was agreed, it woulde tende to the vtter overthrowe and
subuersion of the saide Plantations, they did therefore thinke
fit, and accordingly Order that the contract aforesaide con-
cerning Tobacco shoulde forthwith be disolued ; And for the
better encouragement of the Planters it was declared that
although there was formerly answered twelue pence vpon the
pound to the King, yet his Majestie woulde be now pleased
onely with nyne pence vpon the pound to bee answered to
him for all charges whatsoeuer belonging to his Maiesty. And
did also order that euerie of the Planters who haue lately
sent in Tobacco hither into England, shall haue the same
62 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1623,
deliuered vnto them paying this nyne pence the pound to
the King. And moreouer their Uordships finding that to grant
to the saide Companies the sole importation of Tobacco into
his Majesties Dominions, would greatly aduance those Plan-
tations, had accordingly moued his Majesty therein who was
gratiously pleased therewith, so that alwaies, all the Tobacco of
those Plantations be brought directly hither into England.
To which purpose an Act of Counsel! was heretofore made.
Of these thinges their Uordships expected that publique notice
shoulde haue bene giuen to bothe the Companies here, as also
to haue aduertised the same by their generall letters to the
Planters there for their better encouragement and comfort.
[p. 674. Tj 2.]
[C.S.P. I. p. 45.]
[101.] Whitehall, 28 April; Present: — Lord Archbishop,
Lord Keeper. Lord Treasurer, Lord Priuie Scale, Lord
Bishop of Winton, Mr. Treasurer, Mr. Comptroller, Mr.
Secretarie Caluert, The Master of the Rolles.
Virginia. [Letters to the Governor Council and Colony in Virginia and
in Bermudas.] His Majesty hauing vpon diuerse informations
presented vnto him, taken into his gratious consideration the
present estate of the Colonies and Plantations in Virginia and
the Bermudos or Summer-Bandes, hath so farre extended his
royaU care, both for the redresse of that which is amisse and for
the establishing of fit directions and Orders for the future,
whereby all indirect courses, misunderstandinges, and dissen-
sions may bee prevented, as wee doubt not, but the effectes
thereof wiU both aduance the pubUque good and also redounde
to the particular contentment and benefite of everie honest
person who is any way tnterressed in that cause, which we
haue thought good to signifie vnto you, to the ende that there
be no discouragement taken or apprehended by any loose
aduertisementes from any person, proceding from factions
[? factious] humors or priuate endes, but that you comfort
yourselues in attending the fruites of that good worke, which
by his Majesties expresse commande is now in hande. And
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 63
we doe therefore require, and in his Majesties name streightly
charge you, to liue together in that concorde, vnitie, and ioinct
care of the common good of that Plantation, which becometh
the vndertakers of such an action, the Subiectes of such a
King, and the professors of one Rehgion. And whereas we
are informed by those who were not long since eye witnesses,
that neither your ffortifications, houses of habitation, nor
prouision of victuals are cared for in such sorte as they ought.
We cannot but let you knowe how displeasing it is to his
Majesty to heare of these thinges. And withall require you
to be more carefull for yourselues and the good of the Plan-
tation hereafter. [p. 675. ^ 1.]
[C.S.P. I. p. 45.]
[102.] Whitehall, 13 May ; Present -.—Lord Arch Bishop
of Canterbury, Lord Keeper, Lord Treasurer, Lord President,
Lord Steward, Lord Marquis Hamilton, Lord Chamberlaine,
Lord Carewe, Lord Brooke, Mr. Treasurer, Mr. Comptroler,
Mr. Secretary Caluert, Mr. Chancellor, Master of the Roles,
The Earle of Warwicke and the principal! personns Adven- Virginia and
turers in the Plantation of Virginea and the Sommer Hands : '"^""
Haveinge made Complainte to this Board. That wheras both
they, and the Virginea Company were directed to attend the
Commissioners (authorized vnder the great Seale of England,
for the handling of matters, importing those Plantations, the
particulers wherof appeare at large in the Comission itself e)
to the end they should informe the said Commissioners, of
such abuses and greevances, either in poynt of gouernment
misimployment of moneys or the lyke, wherof either side
mought have any iust cause of Complaint with expresse
Charge, and Comaund neuerthelesse from this Table, that in
the prepareing of the informations, each partie should goe
directly to the. matter, and avoyde all bitternes and sharpnes
of Stile, or other impertinent provocation, tending rather to
revive, and kindle former heates, and distractions betweene
the said twoe Companies, then any waygconducting to the
worke, and seruice intended. That notwithstanding theire
64 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623.
Uordshipps Commaundes soe given, those of the Virginea
Company, have Contrived and sett downe in writting, and
caused pubUquely to be reade, a longe and impertinent
declaration, consisting 'for the most parte, of bitter and vn-
necessarie invectiues, and aspertions, vpon the person of the
Earle of Warwicke, and others whom they stiled his instni-
mentes and Agentes. Theire Uordships takeing the same into
theire Considerations, caused forthwith the said writing itselfe,
togeither with such persons, as were nomminated, to have a
cheefe hand in the penning therof, to be brought before the
Board, and haveing at large pervsed the said writinge, (con-
tayneing five or six sheetes of paper) and lykewise taken
examination of the persons themselues, then called before
them, and findeing the said writing, to be for the most parte
such, as was complayned of, and that the personna who were
cheefe Actors in the indicting, and penning therof, were the
Lord Cauendish, Sir Edwin Sandis Nicholas ffarrer and John
ffarrer. Have thought fitt, and accordingly ordered, that
they fower should be forthwith restrayned of theire libertie,
and confyned to theire seuerall lodginges or bowses, (as personns
guilty of a Contempt, against the directions and Comaundes
of this Table) wher they are to remayne, vntill his majestie or
this Board shall give further order.* [p. 699. ^ 2.]
[C.S.P. L pp. 45-6.]
[103.] Whitehall, 22 May : Present : — Lord Arch Bishop
of Canterbury, Lord Keeper, Lord Treasurer, Lord President,
Lord Steward, Earl Marshall, Lord Viscount WaUingford,
Mr. Treasurer, Mr. Comptroler, Mr. Secretarie Caluert, Mr.
Secretarie Conway, Mr. Chancellor, Master of the Roles.
Virginia and Theite Uordships being this Day informed that notwith-
standinge theire former Commaundes and Directions. That
aU Charters, bookes (and byname the blurred booke, or bookes)
Letters, Petitions, Lists of names, and provisions, Invoyes of
* By an order of the 18th May, Lord Cavendish is released from his
confinement, and the other three are also set at hberty by the succeeding
order, which seems to be dated on the 21st. [P. 709 1111 1-2.]
Bermudas.
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 65
goodes, and all other -writinges whatsoever, and Transcriptes
of them, belonging to, or any wise importing, the Plantations of
Virginea, and the Summer Islandes, should be forthwith brought
in, to the Gierke of the CounceU, to the end they mought be
delivered, to the Commissioners for the said Plantations,
That nevertheless Divers of them, and by name the blurred
booke, or bookes, are still concealed, and kept backe, which
neglect towardes the Commaundes of this Board, theire
Uordships finding iust cause to reprove. Have thought fitt,
hereby strictly to will and require, both the said Companies,
and in particuler the Officers of the same, that they Cause
all the said Charters, Bookes &c aboue mentioned, to be
forthwith Deliuered in, to the said Commissioners, and that the
Clerke of the CounceU doe lykewise dehuer in vnto them, such
of the said Bookes &c as are in his Custodie, of all which,
each partie may have free vse, in such sorte, as to the Com-
missioners shall seeme good. And that all Boxes, and Packettes
of letters, which hereafter shalbe brought over from Virginea,
or the Sommer Islandes Dureing this Commission, shalbe first,
and ymediatehe dehuered to the Commissioners, by them
to be broken open, pervsed, or otherwise Disposed, as they
shall fynde Cause. [p. 7U. ]{ 1.]
[C.S.P. I. p. 46.]
JAMES I. VOLUME VI. (4 June 1623—28 March 1625.)
[104.] Whitehall, 4 July : Present : — Lorde Archbishop
of Canterbury, Lord Treasurer, Lord President, Lord priuy
scale. Lord Stewarde, Lord Marquis Hamilton, Erie Marshall,
Lord Chamberlain, Erie of Carlile, Lord Viscount Grandison,
Lord Brooke, Lord Chichester, Mr. Treasurer, Mr. Comp-
troller, Mr. Secretary Caluert, Mr. Chancellor of the Exchequer,
The Master of the Rolles.
This day the Lorde Cauendishe with the deputie and many Virginia,
other who represented the bodie of the Virginia Companie
presenting themselues at the Boarde to giue accompt of the
66 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623.
charge they had receiued from their lordships for a speedie
rehefe of his Majesties Subiectes in the Plantation of Virginia
who as appeareth by sondry Advertisementes from thence
are in great danger of perishing by famin, declared, that
diverse priuat members of the Companie ioyning together
haue alreadie vnderwritten to the summe of seauen hundred
poundes, all which shalbe layde out in meale, the freighte and
other charges not included therein, and immediatly dispatched
by a ship, which they of the sayde company vndertake to
sende on purpose with all expedition. They declared also,
that for the supply of particular Hundredes and priuat persons
in Virginia, as also by way of priuat Marchandise, there is
another Roole vnderwritten to the summe of eightene hundred
poundes which yet they doe not conceiue to be the halfe of
that which wilbe in this maner sent. But their lordships
finding it necessary that for the supply of so generaU a want,
and the prevnting of so imminent a danger, there shoulde be a
common and generaU Contribution, made by all those who are
any way interessed in that busines, haue thought fit and
Ordered that the several names of all the whole company,
as well of those who haue shares as of those who haue had
and the severall shares and Adventures shalbe certified to the
Boarde, on monday next in the afternoone : and that every
man shall contribute to the presente reUefe proportionally
according to their shares, not restrayning mans farther liber-
alitie to giue what more he pleaseth. And to the ende that
the desire of priuat gaine may not ceasse his Majesties royal
intention and the honorable care taken by the Boarde, for the
relief 6 of his Majesties Subiectes there, their lordships did
lykewyse expressly Order and commande that when the meale
and other prouisions of victualls are brought thither, they
shalbe solde at reasonable prices. [pp. 55-56.1
[C.S.P. I. p. 49.]
[105.] Whitehall, 4 July : Present :— As before.
X'irginia. [Samuel Wrote is restored to his position as Counsellor for
Virginia, and member of the Summer Islands Company.]
[p. 57. H 2.]
1623]. ACTS OP THE PRIVY COUNCIL (COLONIAL). 67
[106.J Whitehall, 19 July :
Their Lordships hauing taken into consideration the seruice Virginia.
of certaine persons that attended the Commissioners who
were deputed to examine the state of the businesse of
Virginia, vizt their Clerke, their Messenger, and the Keeper
of the house, in which they helde their meetinges and con-
ferences ; thought fit and ordered that some allowance shall
be made to each of them, the seuerall proportions whereof,
their lordships referre to the righte honorable, the Lorde
high Treasurer of Englande, to be set downe and rated by
his lordship, as he shall iudge convenient.
[p. 72. last ^.]
[C.S.P. I. v. 50.]
[107.] Whitehall, 22 July:
Whereas his Maiesty being gratiously pleased to take Virginia,
into his RoyaU care the State of the Plantation of Virginia,
and of the Gouuernment thereof refferred the same to the
deliberation of their Uordships ; who hauing considered
thereof, did accordingly make reporte vnto his Maiesty :
It is thought meete and Ordered that the Lord Viscount
Grandison, the Lord Carew and the Lord Chichester shall
take the notes hereto adioined into particular consideration,
and out of them frame and set downe in wryting such Orders
as they conceiue to be fittest for the regulating of all thing
in Virginia and for the Ordering of the Gouuernment
and to present, there to be red and aduised on.
[p. 76. U 1.]
[C.S.P. I. p. 50.]
[108.] Whitehall, 8 October : Present : — Lord Keeper,
Lord President, Lord Viscount Grandison, Lord Carew, Lord
Chichester, Mr. Secretary Caluert, Master of the Rolles.
[Sir WilUam Jones and others are instructed to continue Virginia and
their inquiry into the state of Virginia and the Somers
Islands.] [P- 123. ^ 1.]
[C.S.P. L p. 52.]
68 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623.
[109.] Whitehall, 8 October: Present :— .Lord Keeper,
Lord President, Lord Viscount Grandison, Lord Carew, Lord
Chichester, Mr. Secretary Caluert, Master of the Rolles.
Virginia. This day the Deputy and diuers of the Aduen-
turers and Companie of Virginia were called to the
Boarde, vnto whom their llordships declared that his Maiesty
hauing taken into his Princely Consideration the distressed
estate of that Colonie and plantation, occasioned (as it
semeth) by the miscaryage of the gouuernment in that Com-
panie, which cannot welbe remedied but by reducing the
gouuernment into the handes of a fewer nomber of gouuemors
neare to those that were in the first Patentes of that Plan-
tation But specially to be prouided that the interest of
all aduenturers, and priuate persons whosoeuer shalbe pre-
serued and continued as they are. Hath therefore resolued by
a new Charter to appoint a Gouuemor and twelue assistantes
resident here in England, vnto whom shalbe committed the
gouuernment of that Companie and Colonie, which gouuernor
and assistantes his Maiesty wilbe pleased to nominate, and
make choise of for the first tyme, and afterwardes the election
of the gouuernor to be in this manner Vizt : The Assistantes
to present the names of three to his Maiesty, of whom his
Maiesty wilbe pleased to nominate one to be gouuernor, and
the Assistantes to be chosen by the greater parte, of the
gouuernor and Assistantes for the tyme being, the names of
them being chosen being first presented to his Maiesty or to
this Boarde, to be allowed or disalowed by his Maiesty, and
the gouuernor and six of the Assistantes to be changed thus
once in twoe yeares. And his Maiesty is pleased that there
shalbe resident in Virginia a gouuernor and twelue .Assistantes
to be nominated by the gouuernor and Assistantes here resi-
dent, they presenting the names to his Maiesty or this Boarde
that his Maiesty may allowe or disallowe the same. And as
the gouuernor and Assistantes resident in Virginia shall haue
dependance and relation to the gouuernor and Assistantes
resident here. So the gouuernor and Assistantes here shall
haue relation and dependance on this Boarde, whereby all
matters of importance may be directed by his Maiestie or this
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 69
Boarde. And that in the same Charter his Maiestie purposeth
to make the lyke grantes aswell of landes, as of franchises,
and other benefites, and things, as well granted in the former
Charters, with declaration that for the setling and establishing
of priuate interestes of all men, this new Companie shall
continue or newly grant vnto them the lyke interest as they
enioy, by grant, order, or allowance of the former Companie.
And therefore the said Deputie, and others of the said Com-
panie, were by their Uordships required to assemble a Court
on Wednesday next, therein to resolue whither the Companie
wilbe content to submit and surrender their former Charter,
and accept of a new Charter with the alteration aboue men •
tioned, and to retourne their answer with all expedition to
this Boarde, his Maiesty being determined, in default of such
submission to proceede for the recaUing of the said former
Charters in such sorte as shalbe iust. [p. 123. ^ 2.]
[C.S.P. I. p. 52.]
[110.] Whitehall, 15 October :
[Mr. Justice Jones is excused attendance on the Virginia Com- Virginia,
mission, owing to his other employments.] [p. 125. ^ 2.]
[C.S.P. L p. 52.]
[111.] Whitehall, 17 October: Present: — Lorde Arch-
bishop of Canterburie, Lord Treasurer, Lord President, Erie
Marshall, Erie of CarUle, Erie of Kelly, Lord Viscount
Grandison, Lord Chichester, Mr. Treasurer, Mr. Secretarie
Caluert, Mr. Chancellor of the Exchequer, the Master of the
RoUes.
This day the Deputie and others representing the bodv of Virginia;
the Virginia Companie, did in conformitie to the Order they
had receiued, exhibite at the Boarde their Answer to that
which according to his Maiesties pleasure, their lordships had
both propounded vnto them viua voce, and also declared
by an act of Counsell Dated the eighth of this moneth, whereof
a Copie was deUuered them ; in which doth manifestly appeare
his Maiesties gratious intention and royal care of the Plan-
tation both generally for the pointe of gouuernment, and par-
ticularly for the conseruing of every mans priuat interestes.
70 ACTS OF THE PRIVY COCTNCIL (COLONIAL). [1623.
Now for as much as the saide answer is merely dilatorie
the saide Deputie and the rest pretending thereby that
by reason of a hmitation in their Patent, they may not
handle matters of that nature and weight, but at a quarter
Courte, which will not be vntill the 19th of Nouember next;
their lordships being no way satisfied with this pretense,
considering that his Maiestie expecteth a speedy accompt
of the proceeding in this businesse, which also in it seKe requireth
expedition, in regarde of the importance and consequence
thereof : haue therefore Ordered, and expresly charged the
saide Deputie and the rest, that they assemble themselues
againe forthwith, and on Monday next in the aftemoone
which wilbe the xx"^ of this moneth deUuer a cleare, direct,
and final answer, to that which hath bene before propounded
and was this day reiterated vnto them; vizt whether the
same Companie wilbe content to submit and surrender their
former Charter and accept of a niew Charter, with the alter-
ations mentioned in the af oresaide Act of CounseU. And to this
purpose the Deputie was lykewyse expresly commanded to
propound the question to the saide Companie in those cleare
and plaine tearmes in which it was dehuered.
[pp. 126. H 2.]
[C.S.P. I. pp. 52-3.]
[112.] Whitehall, 20 October: Present :— Lord Archbishop
of Canterburie, Lord Keeper, Lord Treasurer, Lord President,
Lord Priuie Scale, Erie Marshall, Lord Viscount Grandison,
Lord Chichester, Mr. Secretarie Caluert, the Master of the
RoUee.
Virginia. Whereas their lordships were this day informed that there
is a great discouragement amongst many aduenturers of the
Plantation in Virginia, by reason of the intended reforming
and change of the gouuernment, wherevpon they are fearefull
to prosecute their aduentures, so as it may occasion some stop
of those Ships which are now readie fraugted, and bound for
that Country : Although their Uordships merueile that any
should be so far mistaken, considermg the declarations that
haue bene made at the Boarde viua-voce, as also by an Act
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 71
of CounseU and otherwise ; yet for the better satisfying of those
who rather through error or mistaking or through the vntrue
suggestions of others, haue receiued any such feare and dis-
couragement their lordshipps doe thinke fit hereby to declare
againe, that there is no other intension then merely and onely
the reforming and change of the present gouuernment, whereof
his Maiesty hath sene so many bad effectes, as wilbe to the
endangering of the whole Plantation, if it continue as it is,
Neuerthelesse for so much as concerneth the priuate interestes
of any men, his Maiesties Royall care is such, that no man shall
receiue any preiudice, but shall haue his Estate fully and wholly
concerned and if in any thing it be defectiue better to be
secured so as they neede not apprehend any such feares or
other inconvenience. It is therefore Ordered by their Uord-
ships, and thought fit to be pubhshed to the Companie, that
it is his Maiesties absolute command, that the Ships which were
intended to be sent at this tyme to Virginia, and are in some
readinesse to goe, be with aU spede sent away for the reUefe
of those that be there, and the good of that Plantation, and
this to be presently done without any stop or dilay.
b. 131.]
[C.S.P. I. p. 53.
[113.] Whitehall, 24 October: Present :— Lord Arch-
bishop of Canterburie, Lord Keeper, Lord President, Lord
Steward, Lord Carew, Mr. Treasurer, Mr. Secretarie Caluert.
A letter directed to John Harvy, John Pory, Abraham Virginia.
Percey, Samuel Mathews and John JefEreson. His Maiesty
hauing taken into his Royall care the Plantation in Virginia,
besides the Order hee hath here giuen for the redresse and
reformation of the gouuernment hath bene lykewise pleased
for the better aduancing of so good a worke, to command that
information be taken of the present State of the Plantation
in diuerse considerable pointes. ffor which cause we haue
thought fit and doe hereby will and require you, in regarde
you are well acquainted with the coursses and conditions of
thinges there, to make diUgent enquire of these particulars
72 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623.
following, and certify vs accordingly what you finde; vizt
How many seuerall Plantations there be, and which of them
be publique, and which priuate and particular ; what people,
men women and Children be in each Plantation ; what fortifi-
cations, or what place is best to be fortifyed ; what howses
and how many ; what Cattle, what Armes Ammunition, and
Ordinance mounted and seruiceable; what Come and other
prouision of victuals ; what Boates and Barques ; what Bridges
and pubhque workes ; how the Colonie standeth in respect of
the Sauuages ; what hopes may be truly and really conceiued
of that Plantation ; And lastly the directest meanes to attaine
to those hopes. And so expecting a diligent accompt from
you touching these particulars, wee, etc. [p. 137. If 2.]
[C.S.P. I. p. 53.]
[lU.j Whitehall, 24 October: Present :— Lord Arch-
bishop of Canterburie, Lord Keeper, Lord President, Lord
Steward, Lord Carew, Mr. Treasurer, Mr. Secretarie Caluert.
Virginia. Another letter to the Gouuernor and Counsell m Vir-
ginia. Whereas we haue thought fit to appoint John
Haruy and others to make particular and dihgent enquiry
touching diners particulars which concerne the State of that
Plantation where you remaine : To the ende they may the
better performe the Order they haue receiued from vs, and
discharge the trust we haue committed vnto them, we doe
hereby will and require you to yeald them your best ayde and
assistance vpon all occasions, and in all those thinges wherein
they shall finde cause to vse the same to the ende aforesaid.
[p. 137. H 3.]
[C.S.P. I. p. 54.]
[115.] Whitehall, 21 November: Present :— Lord Arch
Bishop of Canterbury, Lord President, Lord Priuie Scale, Lord
Steward, Earl of Kelley, Lord Carewe, Mr. Treasurer, Mr.
Comptroler, Mr. Secretary Caluert, Master of the Roles.
Virginia. The Board being made acqainted by Mr. Atturney generall
That wheras a Quorranto was issued out of the Kinges Bench
against the Company of Virginea, for the questioning of theire
Charters, and thervpon a Rule given, for the said Companie
1623.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 73
to make theire answeres by Christmas Eue next. And that
the said Company pretend, they cannot make perfect answer
thervnto, without the sight and vse of aU such Bookes and
writinges, as have beene by them formerly delivered into the
handes of his maiesties Commissioners appoynted for the
Examination of the busines concerning theVirginea and Summer
Island Companyes. Theire Uordships haveing Considered
therof, did thinke fitt and accordingly order, that all the fore-
said Bookes and writinges, whether remayneing in the handes
of the Commissioners or els wher, shalbe forthwith dehuered
by Inventorie vnto the said Company. [p. 155. ^ 2.]
[C.S.P. I. p. 54.]
[116.] Whitehall, 8 December: Present: — Lord Keeper,
Lord President, Lord Grandison, Mr. Secretary Caluert.
There was this day read at the Boord a Petition of the Bermudas.
Deputie and Companie of Adventurers, to the Summer Islandes,
Shewing That whereas It had bin oftentimes debated before
this Boord, in the presence of diuerse of the Adventurers and
Planters of the said Islandes by what course the debtes of
the said Companie might bee paid, and the pubhque Charges
bee heereafter borne. And whereas by an order of this Boord
of the 28th of Aprill last, the Commissioners for that Plan-
tation and that of Virginia, were required to aduise of a Course,
for the dischargeing of the said debts and pubhque Charges
of the Summer Islandes, And that after great paines taken by the
said Commissioners they did finaUie set downe and order vnder
their handes of the 8th of July last now shewed to their lord-
ships in theise wordes following.
Whereas by an order of the Uords of his maiesties most hie
privie Counsell bearing date the 28th of ApriU last, certaine
differences arrising betweene the Gouernor and Companie
of the Summer Islandes, and the Adventurers and Planters
there, were referred to our Consideration, concerning a late
Imposition of fower pence laid vpon euerie pownd of Tobacco
that came from thence, toward the payment of pubhque Charges,
for which some private men are alreadie ingaged for the vse of
the Companie, wee haue endeavored to set an end to the
Controversie. And vpon fuU hearing of the same and the reasons
74 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623.
on each part, It is agreed before vs by Consent, That
whereas it appeareth that the *Bonde of the said Companie,
hath bin giuen for about 1,400L ffower hundred pownd
thereof shalbe borne, by an Imposition to that value
to bee laid vpon all the Tobacco that came from the Summer
Islandes this yeare into England. The residue of the said
debt and all other debtes and duties and all other future
Charges to bee layd for the pubhque they shalbe borne equaUie
by the Adventurers according to the number of each mans
Shares and for the more ease of Adventurers It is hkewise
thought fitt that two pence vpon the pownd shalbee layed vpon
the Tobacco of the Planters towards publick Charges and six
pence vpon the pownd of all the Tobacco that shalbe brought in
from the Summer Islands, by such as are neither Planters
nor ffreemen of the Companie. And if any man hath alreadie
sent in more, then the rateable part amounteth vnto according
to the Proposition aforesaid. It is thought fitt and iust that he
bee satisfied out of the thowsand pownds to bee leavied.
which
"mm that the [fforasmuch as the] said order of the 8th of July was
words inter- ,., . ''
lined were bkewise 26th of the last
bydTrldion ^"^lA agreed and Consented vnto vpon the [third of this
after the moneth
order was
entred." present] by a generall Quarter Court of the said Plantation
of the Summer Islandes.
It was therefore ordered by their lordships this day that
the said order of the Commissioners of the 8th of July shall
accordingly bee put in execution and stand ratified and
Confirmed by an Act of this Boord. And that whoseuer shall
heereafter oppose the same or shall refuse to pay such assess-
ment as by vertue of the said order shalbe laid vpon him,
shalbe proceeded against as Contemners of the authoritie of
the Boord, and compelled to satisfie the same by such Course
as by their lordships vpon Complaint thereof shalbe thought
fitt and Convenient. [p_ igg, ^ 2.]
[C.S.P. I. p. 55-]
* This word ia very badly written, and may be Voate, Noate, or Seale.
1623.] ACTS OF THE PRIVY COTJNCIL (COLONIAL). 75
[117.] Whitehall, 8 December : Present : — Lord Keeper,
Lord President, Lord Grandison, Mr. Secretary Caluert.
This day there was read a Petition at the Boord Virginia,
of willyam Cunnyn complayning that their lordships having
requiered the Virginia Companie to giue answere, whether
they would deUuer vpp their Patent to his Maiestie, That the
said Petitioner did vse some reasons in Court to perswade the
deliuerie of the same and not to contest with his maiestie
about the Gouernment, the King ofEring that allmens partiouler
Interestes should bee preserved, which words one Thomas
Kighley a marchant dishking answered that it was neither
iust nor honest to deliuer vpp the Patent and some other
wordes of distast ensuing betweene them afterwardes at the
Exchange vpon the foresaid occasion and the Petitioner
thrusting Kighley from him that the said Kighley arrested the
Petitioner vpon an Action of 5001. and hath since on the said
Action recouered 201. of him The Boord did order that Mr.
Atturney shall examine the truth of the said wordes aUeadged
to bee spoken, and whether the cause of the said Action did
growe in Consequence of the said speeches, and shall certifie
to the Boord what hee finds, wherevpon such further shalbe
taken as shalbe fitting. [p. 187. Tf 2.]
[C.S.P. L p. 55.]
[118.] Ibid.
Whereas diuerse of the Companie of the Summer Virginia and
Islandes did this day complain, that a Petition had ®'^™'^ *^'
bin dehuered, to this Boord by Nicholas Farrar Deputy of
the Companie of Virginia (whereby some order did ensue
from the Boord) affirming that the Commissioners for the
examining of the State of the affaires of the Companies of
Virginia and the Summer Islandes, had not set an order for
the payment of the debtes and publique Charges of the said
Companie of the Summer Islandes according as had bin referred
vnto them from the Boord. And that aU they whose names
were vsed to the said Petition were consenting therevnto ;
In both which points hee had misinformed the Boord Their
lordships did this day order, that the said Petition should bee
76 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1623.
sent to Mr. Attumy Generall togither with the order vnder-
written to examine and report to the Boord, whether it bee
true as is affirmed in the said Petition, That the Commissioners
in the Petition mentioned haue not set any Course for paying
the debtes of the said Companie as was by this Boord referred
vnto them, As also whether all the parties to the said petition
gaue their Consent therevnto. And such other particulers
as were then Complained of, against the Carriage of the said
Nicholas Ferrar. [p. 188. If 1.]
[C.S.P. I. p. 55.1
[119.] Whitehall, 8 December: Present: — Lord Keeper,
Lord President, Lord Grandison, Mr. Secretary Caluert.
Virginia. There was this day read at the Boord a Petition in the
name of sundrie Adventurers and Planters of the Virginia
Plantation Complayning that whereas sundrie of them are
wilhng to surrender vpp their Patent, for point of Government
his maiestie taking care to preserue euery particuler mans
interest as hath bin required by his maiestie And that diuerse
others of the said Companie refusing to conforme themselues
to his maiesties pleasure are proceeded against by Mr. Attumy
Generall by a writt of quo warranto, That yet they haue lately
made an order in Court, that the Charge of their defence shalbe
borne by the pubhque stocke, to the preiudice (as is conceiued)
of those others who are willing to surrender vpp their Patent.
It was this day ordered. That all those who are questioned
in the said Quo warranto shall make their defence at their
owne particuler Charge without any helpe or dispending any part
of the pubUque stocke in that Case, And that such as are willing
to surrender shalbe discharged from all contribution towards
the expence of the said suite, both in their persons and their
goodes. [p. 188. Tj 2.]
[C.S.P. I. p. 55.]
[120.] Whitehall, 19 December: Present :— Lord Arch-
bishop of Canterbury, Lord Keeper, Lord Treasurer, Lord
President, Lord Steward, Lord Chamberlaine, Earl of CarUle,
Lord Viscount Grandisone, Lord Chichester, Mr. Secretary
Caluert, Mr. Chancellor Exchequer, Master of the Rolles.
1623.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 77
A letter to Sir Francis Wiatt Gouernor and the rest of Virginia,
the Councell of Virginia. Whereas Captaine John Martine
Esqr., being a Planter in Virginia, hath bin detayned a good
space heere, by reason of diuerse Controversies which haue risen
concerning the Plantation of Virginia wherein (as wee conceaue)
hee hath behaued himself honestlie and discreetlie. fforas-
much therefore as hee is now returning backe againe with
some of his servants and manie others that would plant and
ioine with him, and beginne againe to settle himself and them
vpon his ruinated Plantation, wee haue thought good for his
better incouragement, to accompanie him with theise our letters
vnto you the Gouernor and Counsell there, And although wee
doubt not but that you will vse him and his asociates, as be-
cometh you, and may stand with the advancement of the Plan-
tation ; yet wee will expect that for this our recommendation
somewhat more then ordinarie respect should bee had of
him. And do require you to take care (so much as in you
lieth) that hee and such as shalbe vnder his Command, may bee
free from all danger of oppression, and peaceably inioye, all
such landes and goodes as belonge vnto them, behaving them-
selues as faithfuU subiects ought to doe whereof nothing
dowbting wee bid you hartilie farewell. [p. 199. ^ 1.]
[C.S.P. I. p. 55.]
[121.] Whitehall, 30 December : Present : — Lord Keeper,
Lord Treasurer, Lord Steward, Earl of Garble, Lord Brooke,
Mr. Chancellor Exchequer.
A letter to Nicholas Farrar deputie of the Virginia Virginia.
Companie. Wee are informed that there is a Shipp lately
arriued from Virginia, And for some causes knowne vnto vs,
wee do heereby require you to seaze vpon all the letters asweU
publique as private that come in the said Shipp, and to bring
or cause them to bee safely brought vnto vs vnopened with
as much expedition as you can whereof you may not faile
and this shalbe your warrant. [p. 215. ^ I.]
[C.S.P. I. p. 55.]
78 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1624.
Virginia.
Virginia.
" mm: all
theise
Patentes
bookes of
account &c.
were
deliuered to
Henry
Fotherby
clarke to the
Commission-
ers, by order
from the
Lords the
19 of July
1624 •'
Virginia.
[122.] Greenwich, 24 June:
[The former Charter of the Virginia Company having heen
cancelled,] His Majestic is resolved to renew a Charter with the
former priviledges, and with amendment of such imperfections,
as concerne the Government of that Plantation and Colony.
Therefore his Majestic did order and appoint,
with the advise of the Board, The Lord President, the Lord
Pagett, the Lord Chichester, Mr. Treasurer, Mr. Comptroler,
both the Principal! Secretaries, Mr. Chancellor of the
Exchequer, Mr. Chancellor of the Duchy, Mr. Attumy, Mr.
Solicitor generall. Sir Robert Killegrew, Sir Thomas Smyth,
Sir Francis Gofton, Sir John Wolstenholme, and Alderman
Johnson, or any six of them, whereoff two to bee of his
Majesties Privie CounciU, [to consult together concerning
the well settling of the said Colony, and to report from
time to time to his Majesty, or to the Board.]
[p. 342. 11 1.]
[C.S.P. I. p. 62.]
[123.] WhitehaU, 26 June :
The Commissioners aboue named lately apointed (with
others) by his Majestic for the setUng of the affaires of
Virginia meeting this day did order ; That Mr. Ferrar Deputy
for the late Companie of Virginia, should bring in, all the
Patentes, bookes of account, together with the invoises con-
cerning the late Corporation of Virginia, and the lists of the
people there to the Councell Chamber, to bee there kept by the
keeper of the Councell Chest till further order should bee
given. [p_ 344. last %]
[C.S.P. I. p. 62.]
[124.] Ibid.
Present -.—Lord Archbishop Canterbury, Lord President,
Lord Priuie Scale, Lord Marshall, Mr. Treasurer, Mr.
Comptroller, Mr. Secretary Caluert, Mr. Chancellor of the
Exchequer, Master of the Rolles.
The Commissioners lately appointed by his Majestic and
the lordes for the direction of the Virginia busincs did this
1624.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 79
dale order that all the Stocke, Arrerages, dues upon Acoomptes
allowed or not allowed, Merchandize, Proffittes of landes or
other emolumentes whatsomeuer belonging to the PubUke of
the late Corporation of Virginia into whose handes someuer
they shall come, shalbe reserued and accompted for to his
Majestic and to the Commissioners appointed by him for the
vse of the Corporation, which his Majesty intendeth of newe
to erect for the Plantation of Virginia. [p. 345. ^ 2.
[125.] Whitehall, 15 July:
Whereas Thomas Pory Gentleman, hath bene employed Virginia.
from the Board into Virginia about his Majesties speciall
affaires, in which hee hath expended one hundreth pounds,
as by his Petition presented vnto vs hee humbly sheweth.
fforasmuch as wee find that hee hath taken paines, and vsed
dihgence in the performance of the said seruice, wee doe
thinke fit that his Majesty be moued to allow vnto him the
somme of one hundreth and fifty pounds ; whereof the Clerke
of the Signed now attendant, is to take notice, and to prepare
a Bill to that purpose, ready for his Majesties signature.
Ip. 376. Tl 1.]
[C.S.P. I. p. 64]
[126.] Hampton Court, 28 September:
A letter to Sir Francis Wyatt, Governor of Virginia, and the Virginia,
rest of the Counsell there. [John Puntis, Esq, Vice Admiral of
Virginia, having lately died, and his Executor, Sir Thomas
Merry, being prevented by his duties as Clerk of the Green
Cloth from attending adequately to so dispersed an estate,]
wee have thought good to make use of your Care and paines
therein. And doe to that end earnestly praie and require you
with aU convenient speed to cause an exact and particular
Accompt to be taken of all and singular the debts and creditts
goods and Comodities of the said Mr. John Puntesse.
[The inventory and the goods, (being first carefully sealed up
80 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1624.
with your own seal) are then to be despatched to Sir Thomas
Merry. In the meantime, everything is to be kept carefully
sealed up.] [p- 449. last %]
[C.S.P. I. p. 70.]
[127.] Hampton Court, 30 September :
Bermudaa. A Letter to the Lord Carew, Master of the Ordinance.
[The company of the Somers Islands are to be furnished]
with twenty barrells of Powder to be sent into the saide
Islands in regarde that they cannot finde anie that is good
to be bought in the Cittie. [For this they are to pay ready
money, at the rate of tenpence the pound.] [p. 455. 1| 1.]
[C.S.P. I. p. 70.]
[128.] Whitehall, 22 October :
Virginia. A Letter to the Lord Carew, Master of the Ordinance.
[His Majesty is pleased, upon the humble suit of the Virginia
Commissioners, freely to give and grant unto them one last
of powder, to be employed for the better defence and security
of that plantation.] [p. 474. ^ 1.]
[C.S.P. I. p. 70.]
[129.] WhitehaU, 17 November :
Virginia. [A letter to the Lords Commissioners of Virginia, referring
to them a petition presented by the Lady Wyatt on the behalf
of her husband Sir Francis Wyatt, in which she complains
that the Virginia Company has failed to perform conditions
agreed upon between them.] [p. 496. ^1.]
Newfound-
land.
[130.] Whitehall, 20 December: Present— Lord Arch-
bishop, Lord Keeper, Lord Treasurer, Lord President, Lord
Priuie Scale, Lord Viscount Grandisone, Lord Chichester, Mi'.
Treasurer, Master of the Rolles.
A letter to the Duke of Buckingham Lord high Admirall
of England and Lord Warden of the cincque Ports.
Whereas wee do find that his majestic will verie shortlie haue
great occasion to make provision of victualls, for diuers
1624-5.] ACTS OF THE FUIVY COUNCIL (COLONIAI;). 81
important services of his owne, and that there are at this time
great numbers of Shipps laden with fish of Newfoundland arriued
in England, whereof a great part is hkelie to bee transported
into Spaine and Portugall and his majesties provisions thereby
disappointed except some speedie order may bee taken therein ;
wee haue thought fitt to pray and require your lordship to
cause the officers vnder your lordship in the severall Ports to
make staye for his majesties vse of theise Shipps following
laden with Newfoundland fish (paying the vsuaU price for
the said fish), viz. : the Thomas of London whereof John
Breadcake is Master the William and John whereof Nott
is master the Sarah Bonaventure whereof Luke Whetstone
is master, the great Saiser, whereof Peter Rewttan is master
the Globe whereof Thomas Newport is master the Beare
whereof Robert Satman [? Latman] is master and the
Seahorse whereof Thomas Hackwell is master, and generalhe
to make stay of all such shipps laden with Newfoundland fish
and Corne for the Ports aforesaid, which in your lordships
approued wisedome and discreation you shall find fitt for his
majesties service, as is formerhe specified to be stayed vntill
further order shalbee giuen in that behalf, wherefore theise
letters shalbee your lordships sufficient warrant.
Ip 556. Tl 2.]
[C.S.P. Domestic. 1623-5. p. 414.]
[131.] Whitehall, 8 January:
[The merchants concerned having petitioned against the Newfound-
above order 130, and the evidence having been taken of
Sir Allan Apsley, Lieutenant of the Tower and one of the
victuallers of his Majesty's navy,] it was thought fit and
accordingly ordered, that when the said Sir AUin Apsley is
fournished by them with so much fish, as shall be needeful
for his Majestys present service, they may without farther
stop or restraint transport the remainder thereof, in the said
Ships, to those partes and places for which they have designed
and appointed the same.
82 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625.
[132. J Whitehall, 22 January:
New [This day the petition was read of Andrew Dickson]
England. concerning the controuersie between him and Sir fferdinando
Gorge and Doctor Gooch about a Ship called the Neptune
built by the said Dickson, who was therein employed and
set on worke by certaine noble-Men for themselves and other
Patentees for New England, and pretendeth, besides the
money and wages due unto himselfe, such summes as hee
standeth engaged for to sundry persons, which as hee
aUeageth were disbourssed about the said ship, amounting in
all to one thousand one hundreth pounds. [Dickson and
Sir Ferdinando Gorges having been personally examined, it
was resolved that the sum due should be assessed by three
of the Trinity House, chosen by the rest of the body there,
and three of the Company of Shipwrights, chosen by the
Master, Wardens and Assistants of that Company, Gorges
expressing his wilhngness to pay promptly whatever they
should think fair.] [p. 603.]
[133.] WhitehaU, 31 January:
Orange Tree. A letter directed to Sir John Elyot knight vice-Admirall
of Deuon, The Mayor of Plymouth, Sir fferdinando Gorge Etc,
Whereas wee haue receiued information that there is now
a Dutch-Ship ryding in the hauen at Plymouth called the
Orenge-tree of Amsterdam, being of the burthen of one
hundreth and fifty Tunes or thereabouts, and bound to a place
in America which is comprehended in a Grant made by his
Maiesty vpon iust consideration to diuerse of his Subiectes :
wee doe therefore hereby will and require you to take Order
that the Captaine or Maister of the said Ship, be presently sent
vp hither with his Commission, and the plat which hee hath
that vpon his apparence and hearing and examining the cause,
wee may determine what wee shall farther thinke fit to bee
done. And wee doe lykewise will and require you, to make
stay of the Ship, vntill you shall receiue other directions.
[p. 616. H 2.]
1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 83
[134.] Whitehall, 23 February :
A letter to the llords and others Commissioners for Virginea Bermudas,
and the Summer Islands. Whereas Lewis Hughes Minister
of gods word, haueing humbly complayned by Peti-
tion to this Board, against the late Company of
the Summer Islands, for detajnieing from him a great
part of his wages, and Salary due to him, for seuerall
yeares, dureing which he did exercise his Ministerie
in those Islands. We referred the further Examin-
ation thereof, to such fitt persons, both Diuines and
others, as we thought good, fforasmuch as we fynde by
CertifRcate retourned to the Board vnder the hand of the
greatest parte of the said Referrees, that ther is a good Arreire
of Salarie due to the Petitioner and that an Imposition of iijc^.
the pound had beene layd by the Company vpon everie mans
Tobacco there, pretending the same to be for the better main-
tenance of theire Ministers (which Imposition had beene
accordingly leavied and accounted, to the Company here,
amounting to aboue 2000i!. sterhng). [The Commissioners,
or any three of them are required] to examine the truth
therof and accordingly to make Certifficate in writing to this
Board. [p. 665. ^ 2.]
[C.S.P. I. p. 72]
[135.] Whitehall, 28 February: Present:— The Arch-
bishop of Canterbury, The Lord Keeper, Lord President, Duke
of Buckingham, Lord Carewe, Mr. Treasurer, Master of the
Wards, Mr. Secretary Morton, Mr. Chancellor.
[A Warrant is directed to the Vice-Admirals of Corn- Newfound-
wall and Devon, or their Deputies, the Mayors, Magistrates, ''^'^'^•
Customers, Comptrollers, and all others his Majesty's Officers,
to whom it may appertain within the several ports of
Plymouth, Dartmouth, Barnstaple, and other the western
ports, charging them, that whereas] the Marchaunts and
owners of Shipps, ymployed in the Annuall fishing voyage, to
Newfoundland, (which takes upp greate nombers of Marriners)
doe hasten theire said Voyage this yeare, a month sooner
Bermudas.
Newfoiind-
land.
Newfound-
land.
84 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625.
than they neede, or have formerly been accustomed, of purpose
as is conceived to prevent a Presse, which they feare, of some
of theire Marriners, for the furnishing of the Kings Shipps,
and the rest of the ffleete now in prepareing here, [no such
ships are to be allowed to sail until April 1st, being as soon as in
former years they have used to set forward.] [p. 677 ^ 2.]
Another Warrant of the same Tenor directed to the
Ports of Hampton, Poole, Waymouth and Lyme.
[p. 678. ^ 1.]
[136.] Whitehall, 28 February : Present : — The Archbishop
of Canterbury, The Lord Keeper, Lord President, Duke of
Buckingham, Lord Carewe, Mr. Treasurer, Master of the
Wards, Mr. Secretary Morton, Mr. Chancellor.
A letter on the behalfe of Lewis Hughes Minister, directed
to the Master of the Rolls, Sir Thomas Smith, Sir Charles
Mountague, Sir Nathaniell Rich, Mr. Alderman fireeman, and
Thomas Gibbs Esqr, or any three of them ; of the same
Tenor of the letter entred the 23th of this moneth directed
to the Uords and others Commissioners for Virginea on the
behalfe of the said Lewis Hughes. [p 687. ^ 2.]
[137.] At Sheriff Parkhurst's, London, 18 March.
[In directions for a rigorous press of seamen [pp. 698-702],
occurs the following passage :]
And that his Majestys Service, may not occasion the
too long stay of the Newfoimdland fishing, you may forbeare
to press in everie of the said shipps, one Maister, one
Boateswaine, and one Boat-Mate, and for the rest, to take
such care, that his Majestic being first served with able and
sufficient men, the fishing may alsoe proceede [p 701. U 1.]
[138.] Lambeth, 23 March :
A letter to the Mayor of Plymouth and Sir John EUiott
and James Bagge, Vice-Admiralls of Devon, [commanding them,
in spite of the letter of the last of February,] to release and
discharge the Shipps called the Arke, the George, the Wrenn,
and the Uttle Barke called the Anne, riding at Plymouth, with
all their Marriners, and Carpenters. [p 709. ^ 2.]
1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 85
[139.] Whitehall, 25 March:
There was this dale read at the Board a Petition in the Tobacco
name of the Grocers Apothecaries and Druggists of the Cittye
of London and signed with very many names humbly
shewing, that whereas his Majestie by his Proclamation dated
the 29th of September last did commaund that all Tobacco
being not of the proper growth of the Colonies of Virginia
and the Sumer Islands, which should then be remayning or
brought in before the 20th daie of October next ensuing
the date of the said Proclamation should be brought to the
Custome house and there marked and sealed by certaine
persons assigned for that purpose by his Majestie, and that
after the said 20th of October no other Tobacco but of the said
Plantations should bee imported. And further shewing that
the said Petitioners haue in obedience to his Majesties
Proclamation forborne to import any other Tobacco since the
said daie hmited vnto them, and did before the said 20th of
October cause great quantities of other Tobacco which they
then had in theyr handes to bee sealed and marked accord-
ingly. But that it hath not beene possible for them to
make sale of all the Tobacco so marked and sealed within the
time limited vnto them by the said Proclamation And doe
therefore humbly desire, that by their Lordshipps mediation
the Petitioners male haue a longer time giuen vnto them for
the sale of their Tobacco so marked and sealed, or else to order
that his Majesties Agentes for the Tobacco of the said Plan-
tations may take the said Tobacco of their handes at the prices
paid for the same by the said Petitioners. Their Lordshipps
doe order that the consideration heereof and of all the other
partes of the said Petition shalbe referred to the Comissioners
of the said Plantations of Virginia and the Sumer Islands
to call the said Petitioners and the said Agentes of his Majestie
before them, and to settle a course with satisfaction of both the
said Parties, if they can, or otherwise to certifie how they
find the said busines to stand together with their opinions
what they conceaue fitt to bee done therein.
[p. 709. H 3.]
Newfound-
land.
86 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625.
[140.] Whitehall, 28 March :
Eight letters of the tenor following directed to the Vice
Admiralls of Cornwall and Deuon or theire Deputies the
Mayors or other officers of BristoU Plymouth Dartmouth,
Barstable Hamton Poole Waymouth and Lyme or to the
officers of any the Westerne Ports. [In consequence of the
sudden death of the King, the Newfoundland fleet is not to
sail before April 10th, unless the press be fuUy and effectually
performed before that date. A special clause exempts from
this the four ships mentioned in the letter of Maroh 23rd.]
[P 712. U 2.]
[This item is also found in Charles I., Vol. 1. fo. 3^.]
Virginia.
Virginia.
CHARLES I. VOLUME I. (27 March 1625-17 July 1626.)
[141.] Whitehall, 1 April:
[Captain Whitaker has come from Virginia with a quantity
of tobacco, which he claims as his own, and of which he wishes
to dispose. The Solicitor General affirms that Whitaker has
no right to it, because he was sent and employed into
Virginia, as a servant to the late Company. The case is
accordingly referred to the Lords and other Commissioners for
Virginia, to report to the Board. In the meantime, the
tobacco is to remain on ship -board.] [jo. 11''- If 2.]
[142.] Whitehall, 11 April : Present— Lord Treasurer,
Lord President, Lord Chamberlaine, Lord Conway, Mr.
Chancellor of the Exchequer, Master of the Rolles.
This day the Committees specially appointed by his Majesty
to consider of the businesses concerning the Plantation of
Virginia, entring into debate about the Contract now in hand
concerning the importation of Tobacco out of Virginia, and
the debarring of the same to be imported from all other places,
Manie of those who were of the Lato Companie of Virginia being
present, and also diners of the Commissioners for Virginia,
and others being also present, And both parties desirous to
1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 87
haue that done which might best sorte to the good of the
Plantation, and that which with honor might aduance most
profit to his Majesty, Some thing was handled touching a
Contract intended about the Tobacco of Virginia, wherein
diuers exceptions were taken by those that late were of the
Companie of Virginia, but the draught of the contract
intended, not being then in a readinesse to be shewed, nor
any other offer prepared by them of the late Companie of Vir-
ginia, to be made, that might be better for his Majesties seruice,
and more good to the Plantation ; The Committees thought
fit and haue so appointed, for the better effecting hereof :
That the Erie of Dorset, the Lord Cauendish and the Lord
Sheffield, being now present, and hauing bene formerly of the
late Companie of Virginia, or any of them, shall haue Uberty
and power to convent and call vnto them, such and so many
persons that were of the said late Companie of Virginia, as
they shall thinke fit and convenient to be assembled, to
conferre and agree vpon an offer to be made by them concern-
ing Tobacco. And withaU to giue their opinions which ia
the best course to be taken for the gouuernment of the Plan-
tation in Virginia. And for the other parte, Mr. Sohcitor
general! Sir Nathaniell Rich, Sir John Worstenholme, or any
of them, shall haue lyke power to call vnto them, or any of
them, such persons as they shall thinke fit and convenient
to the end aforesaid. And both parties are to attend the
Committees with their seuerall offers in wryting, on Monday
next at twoe of the clock in the afternoone at Whitehall.
Ho. 16.]
[143.] Whitehall, 16 April :
A warrant of Protection for Captain Haruie with generall Virginia,
directions : — Whereas Captaine John Haruy, being lately
retourned out of Virginia, is to attend this Boarde for the
discouverie of some things concerning his Majesties service
in that Plantation, and doubteth he may be arrested for
some debts, which he hath disabled himseff to discharge by
his retourne thence after a short tyme : [he is to be secured
from arrest or molestation for three months]. [/o. 18 . II 1.]
88 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625.
[144.] Whitehall, 18 April :
Tobacco. Whereas Captaine John Haruie hath lately brought a great
quantyty of Tobacko from Virginia which is still aboarde the
Ship wherein it was laden, which Ship doth now ride at the
Cowes. Vpon his humble suite, it is this day thought fit and
Ordered, that he may land the said Tobacco, and put it into
such a place, as hee shall thinke most fit, for the better
keping and preseruing of the same. Provided neverthelesse,
that hee shall not dispose thereof by sale or otherwise, vntill
he shall receiue other Order from the Boarde.
[/o. 19^ T[ 1.]
[145.] Whitehall, 18 April:
Tobacco. [Lest his tobacco may take hurt on ship-board] and the
condition thereof be much impaired. . . . Captaine Whitaker
may bring the same on lande, and put the same tobacco in such
a place, with the consent of the Farmers of his Majestys
Customes, as he shall thinke fittest, for the better keeping
and preserving of it, provided, that he shall first give
sufficient security to the Officers of his Majestys Customes in
the Port of London, not to dispose thereof by sale or other-
wise, but to keep it whole and entire, untill hee shall receiue
other Order from the Boarde." [fo. 19^ ]{ 2.]
[146.] WhitehaU, 20 AprU:
Tobacco. [Captain Harvey is permitted to] sell so much of the said
tobacco, as shall amount in value to the summe of five
hundreth pounds, for the payment of his Mariners and other
private charges." [/o. 20. ^ 1.]
[147.] Whitehall, 22 April : Present :— Lord President,
Lord Chamberlain, Erie of Montgomery, Mr. Chancellor of
the Exchequer.
Virginia. A Letter to the Lorde Conwey and the Lorde Carewe,
[instructing them,] in the businesse of Virginia . . to take into
consideration that parte which may concerne the securitie
and safety of the places and persons that shal be there ;
what fforts and places of strength are to be erected and main-
1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 89
tained there : And lastly to give an estimate what present
charge those things will require, and how much annually, to
maintaine them ; [and to report thereon.] [p 22''. ^ 1.]
[C.S.P. I. p. 73.]
[148.] Whitehall, 24 May : Present : — Lord Arch Bishopp
of Canterburie, Lord Treasurer, Lord President, Lord Pryuy
Seale, Earl Marshall, Lord Chamberlaine, Lord Chancellor of
Scotland, Earl of KeUie, Lord Conway, Mr. Treasurer, Mr.
Comptroller, Mr. Chancellor of the Duchie.
Vpon seuerall petitions presented to the Board by diuers Tobaocio.
Planters and Marryners lately come from Verginia wherein
they were humble Suitors, for the obtayning of leaue to vtter
and sell for their best proffitt and advantage such quantities
of Tobacco of the groath of Virginia, as they or any of them
had brought over with them. In the venting whereof they
were now hindred and restrayned, to the great damage and
almost vndoing of most of them as was alledged, the same
being their whole meanes and Ijnielyhood Their lordshipps
vpon full Debate and Consideration had thereof haue in fauour
of the petitioners for their present releif and Comfort, thought
fitt and hereby ordered, that they and every of them, shalbe
at libertie to vtter and sell, all such quantities of Tobacco, as
they haue brought over of the groath of the foresaid Plan-
tation, they first satisfying and paying for the same to the
Collecter or Collecters of his Majesties imposts vpon Tobacco —
9d. — vpon each pound for Impost, and to the ffarmors of his
Majesties Customes 3d. vpon the pound, for Custome, And
for the better encouragement of all English planters to goe'
on ChearfuUy in the advancing of any the Enghsh plantations
Their lordshipps haue lykewise thought fitt and ordered, that
thease Instructions following be strictly obserued and putt in
Execution viezt
That all Tobacco whatsoever, which shall not be of the
groath of the English Plantations, be vtterly prohibited to
bee imported into this Kingdome
That noe Tobacco be suffered to be planted within this
Kingdome
90 ACTS OF THE PRIVY COUNCIL (C0L0NL4L). [1625.
That all Tobacco of the groath of any English Plantations
whatsoever be brought into this Kingdome
Lastly whereas it was now informed, by some of the
Planters that Spanish Tobacco was frequently vented in diuers
shopps, and other places vnder the name of Virginia and
Bermoodos Tobacco to the great preiudice of those Plan-
tations, and defrauding of his Majesties Proclamation pro-
hibiting the same. Their lordshipps for the better discovery
and reforming of the said abuse doe hereby Declare and Order,
that the discouerer shalbe well rewarded, and every such
Offendor seuerely punished, vpon information thereof at any
tyme giuen, and prooved before this Board.* [fo 53.]
[149.] Star Chamber, 31 May :
Bermudas. [The permission to sell their tobacco granted to the Vir-
ginia planters on May 24, is extended to those from the
" Bermoodus or Sumer Islands."] [/o. 62". ^f 1].
[150.] Southampton, 30 August : Present— Lord Keeper,
Lord Treasurer, Lord Duke [Buckingham ?], Earl of Carlile,
Earl of Holland, Lord Conway, Mr. Treasurer, Mr. Comptroller,
Master of the Wards, Mr. Chancellor of the Exchequer.
West Indies. Whereas Thomas Warner at the Charge of Raphe Merifield,
haueing lately discouered towards the Continent of America
fower Islands vizt S'. Christophers alias Merwarshope, Meuis,
Barbador, and Monserate inhabited by Savage people, and
not in the possession or gouemment of any Christian Prince
or State, and haueing begune a Plantation, and Trade there.
Hath beene an humble Suitor to his majestie, to take the
said Islands into his Royall Protection and to grant Lycence
to the said Raph Merifeild his Partners and Agents, to traffique
to and from the said Islands paying the Customes Due, and
to transporte men, and doe all such things as tends to settle
a Colony and advance Trade there. And alsoe to grante to
the said Thomas Warner, and in Case of his Death to John
• Numerous trials for fraudulent importation of Spanish tobacco are entered ;
though if talien on prizes permission to sell it was usually given to the captors
e.g. Charles I. Vol. U., part i., fo. 105.
1625.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 91
Jeaffreson dureing pleasure the Custodie of the said Islands
and to gouerne and rule all persons there, and to punish the
disobedient, and by force to represse all such as shall seeke
in hostile manner to invade the said Islands. And lastly to
giue power to the Englishmen there resident, after the death
of the said Warner and Jeaffreson from tyme to tyme, to elect
a newe Lieutenante, who by his majesties grante mought haue
and Exercise, dureing his majesties pleasure, the lyke power
and authoritie as is lymited to the said Warner. Theire
llordshipps did thinke fitt, and this day order, that his majestie
be mooved to passe such a graunte as is desyred. Whereof
his majesties Atturney generall is to take notice, and to prepare
the same readie for his majesties Royall Signature.
[fo. 103. H 2.]
[151.] Southampton, 7 September :
Whereas a petition preferred to his Majestie by the Maior Plantation
and Burgesses of Portsmouth was this daye reade att the
Boord for renewinge of their Previledges, with Addition of
some other by advice of his Majesties Counsell learned att
iawe, with an humble request likewise to grant vnto them that
all Tobaccoe brought into this Kingdome might bee vnladed
there, and not ellswhere. And that the Companies tradinge
for newe England might sett fourth theire Shippinge from the
saide Porte only ; And that his Majestie would bee pleased
to grant the libertie of prizage to that Porte, which is granted
to the Towne of Southampton (whereof Portesmouth is a
member). . . It was this daye ordered that the Lord
Treasurer and Chancellor of the Exchequer should take the
saide severall requestes into theire Considerations, and Re-
porte their opinions thereof vnto the Boord. [/o 112. ^ 1.]
[152.] , 12 September :
[In a letter authorising a press of 500 seamen, occurs the Newfound-
statement that the Newfoundland fleet is instantly expected,
and that the men are not to be allowed] to slipp away untiU
the saide Mathewe Brook can come unto you for the Prestinge
of them. [/o. 118^]
92 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1625.
[153.] Wilton, 12 October :
Virginia. A letter to the Mayor and Aldermen of Southampton.
[Commends the zeal with which they] set forth a ship of three or
foure hundreth tuns for the better supply of the Colonie of
Virginia, besides that Ship which Mr. Pescod is now presently
setting forth . . . But withall, we must require you to dispatch
and hasten the sending of the ship, in regarde the wants of the
Colonie are so great, that vnlesse his Majesties subiects there,
receiue tymely supply, and reliefe, it may hasarde the over-
throwe of the whole businesse, and make frutelesse aU the
charges, and labour of so many yeares. [fo. 129". *^ 2.]
[154.] Salisbury, 24th October : Present : — Lord Treasurer,
Lord Priuie Seale, Erie of Carlile, Lord Conway, Mr. Treasurer,
Mr. Comptroller, Mr. Chancellor of the Exchecquer, Lord
Chamberlaine.
Virginia. To the gouuernor and Counsell in Virginia. The present
miserie and wants of that Collonie, for ApparreU, Armes,
Munition tooles and other necessaries, hau'e bene related at
large both to his Majestie and this Boarde ; whereupon his
Majestie hauing bene pleased to demande our aduise, and
vnderstanding the great necessitie of sending speedy rehef
for the support of the Plantation, out of that royall care
wherewith hee tendereth the good of his louing Subiects there,
hath commanded that the best and readiest meanes be vsed,
whereby they may be accordingly reheued ; To which ende
order is taken with his Majesties gratious approbation for the
remitting of the imposition vpon Tobacco, already imported
from thence vnto seueraU persons, who haue vndertaken to
cary ouer those necessaries aforesaid, the same to be solde at
reasonable rates, to the Planters there. And for the same
purpose, this Ship is now presently set forth, laden with
Munition, Aparrell, and other prouisions, to be solde likewise
vnto the said Planters there, at indifferent prises ; Atid for a
further reliefe, the Towne of Southampton vpon the persuasion
of our very good Lorde, the lord high Treasurer, seconded
by letters from this Boarde, hath also vndertaken to set
1625.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 93
forth with all expedition another Ship of 80 Tuns, laden with
the like Commodities, so as wee conceiue that by these and
other meanes, the wantes of the CoUonie wilbe supplyed, vntil
the next Spring, at which tyme his Majestie who hath taken
into his Princely consideration, how much it tendeth to the
glorie of God, his owne honor, and the generall benefit of his
Kingdomes, that so good an action should be cherished, and
throughly aduanced, doth gratiously intend to take such
effectual! order, that the said CoUonie shalbe effectually sup-
plyed, and peopled, and the gouuernment setled and established
in such manner, that euery Man shall haue his particular righte
preserued for the enioying of landes, goodes and whatsoeuer
els may iustly belong vnto him, and likewise in generall the
Planters shall holde aU such reasonable priuileges, as they haue
formerly enioyed, with an addition of their immunities, that
shalbe founde requisite, and may lawfully be granted, them,
neither shall any man haue power to force any contracts vpon
them for their Commodities, but they shall haue free trade
and liberty to make the best of their owne labours, and for
their better aduantage, enioy the benefit of the sole impor-
tation of Tobacco, but with these conditions, that they shall
sell it alwaies at a reasonable price, and that whereas now
they employ their whole Industrie in excessiue planting thereof,
neglecting other things, they shall Ukewise vse their best
endevors, to bring all other Commodities of that County to
perfection, as Corne, Wine, Silke, Cotton, Salte, Salt-fish,
fflax Hempe, Indico, Woade, Madder, and the hke, wherein
that they may proceede with the more alacrity wee wilbe
humble sutors to his Majestie, that he wilbe gratiously pleased
to ease or fauour them in his Majesties imposition, vntiU the
same may be brought to full perfection. And for the pre-
uenting of all factions [? factious] apprehensions, and feares
that might discouurage them, his Majesties pleasure is that no
person of whom they haue heretofore iustly complained, shall
haue any hande in the gouuernment, either here, or there, and
it is his farther pleasure, that they shalbe gouuerned by the
same lawes as his other Subiectes are, and enioy the same
freedomes. Now whereas it highly concemeth both the safety
94 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1625.
and benefit of the CoUonie, that the Sauuages who cannot
be woone by faire meanes, be subdued by force, as likewise
that the country be discouuered, as well within the lande as
all along the Sea-coste, whereby also the trade of ffurrs may
be vphelde, if his Majestie shall finde such diligence in the
Planters, that they vse their best endevors, for the perfecting
of so good an Action, he doth in like sorte gratiously intend to
send ouer Soldiers with Armes and Munition, and to take
order that nothing shalbe wanting whereby a full discouuerie
may be made, and will also be at some charge, for the
fortifying of the Country against a forraine Enimie. And
wee doubte not, but that the CoUonie shall in the meane
tyme be strenghtened by the coming ouer of more people,
who shalbe encouraged to goe thether, by which meanes
there may be at aU tymes store of Shipping in the
Riuer there, as a ready helpe for defense vpon any
attempte. These things wee haue thought fit to signifie
vnto you, and doe hereby require you, to liiake the same knoAvne
vnto the whole CoUonie, that euery man may be the better
encouraged for to proceede, in his good and diligent endevors
for the publique benefit. And whereas his Majestie is
gratiously pleased, to autorise Sir ffrancis Wyat knight to be
the gouuernor there, and such as are now employed for his
Majesties Counsell there to haue autority to continue the
same employment during his Majesties pleasure, his Majesties
further pleasure is that aU iudgements and decrees, and all
important Actions, be giuen, determined, and vndertaken, by
the aduice and voices of the greater parte. And that all be
done in his Majesties name, who out of his Princely care of the
good of that CoUonie, doth take all the Country and people
into his royaU protection, and gouuernment. Lastly wee require
you to certifie hither the tytles and Estates of aU such as
claime to be owners of inheritances of lands, the seuerall
quahties and names of those lands, and what lands were not
assigned by the late Corporation, and by whom the same
are now held and manured, to the ende that if they ly waste,
his Majestie may sende able persons to manure them, and
1625.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 95
further to signifie vnto vs what Maisters of famelies are there,
to whom Estates of lande may be disposed of by his Maiesty,
and also to aduertise what nomber of Soldiers is requisite for
Garnisons there, and any thing els that may conduce to the
setling of a firme Plantation, and make for the good of that
Country and the honor of his Majesty. And wee farther require
you to forbeare the granting or appointing of anie Officers for
any longer tyme, then during his Maiesties pleasure.
f/o 147. H 3.]
[155.] Salisbury, 24 October: Present — Lord Treasurer, sir George
Lord Priuie Seale, Erie of Carlile, Lord Conway, Mr. Treasurer '^'^'^ ^^'
Mr. Comptroller, Mr. Chancellor of the Exchecquer, Lord
Chamberlaine.
Whereas Sir George Yeardly knight hauing for diuerse
yeares beene Gouuemor of Virginia is now come over into
this Kingdome abut the publique seruice of that Country,
and therefore may haue occasion to trauaile into diuerse places
of this Realme about seuerall afEayres, wherein he is
employed, in which he may .doe good seruice vnto his Majesty
and the State : And forasmuch as the saide Sir George may
doubt that in regarde of manie seuerall accidents which might
happen during the tyme of his late Gouuernment in Virginia
aforesaide, he may be troubled by arrests vpon some pre-
tended debts or otherwyse hath therefore beene an humble
sutor to be protected by the autoritie of the Boarde for the
space of one whole yeare : In regarde his seruice is vsefuU
for the good of the state, we thinke fit to graunt this his humble
Sute, and doe hereby streightly charge and require all his
Majesties Officers and louing subiects and every of them
whom it may conoerne, to forbeare the lajring of anie Arrest
vpon him, or otherwyse to molest him during the terme afore-
saide, whereof they nor any of them may faile as they wiU
answeare the contrarie
The lyke Protection for Robert Guyer shipmaster bound
for Virginia. ifo 149. 1} 2.]
[156. J Reading, 14 November : Present— Lord Treasurer,
Lord President, Earl Marshall, Lord Chamberlaine, Earl of
96 ACTS OF THE PRIVY COUNCIL (COLONIAL), [1625-6.
Montgomerie, Earl of Carlile, Earl of Kelley, Mr. Treasurer,
Mr. Secretary Coke.
Virginia. An open warrant as foUoweth. Whereas we vnderstand that
ther is an English Shipp called the Virgin to be set forth from
Southampton, well victualled and manned, readie to put to
Sea, and bound for Virginea, wherof his majestic hath taken
knowledge, and weU approved, we vpon signification of his
majesties pleasure on that behahe, haue thought fitt hereby
to wiU and require, all Mayors SherrifEs, Justices of peace Vice
Admiralls, BaylifEs, Constables, Head borroughes, and all
other his majesties officers and loueing Subiects whom it
may concerne, to forbeare, to giue interruption, to theire
said Voyage, either by impresting any of the Mariners, or Sea-
men, belonging to the said Shipp, or by any other impediment
whatsoever. Hereof neither they, nor any of them may fayle
at theire perihe. [/o IfiS. last ^.]
[157.] Hampton Court, 16 December:
Virginia. Twoe warrants of the tenor of the warrant entered the 14th
of Nouember last ; The one to free the Mariners and Seamen
of the Shipp called the Anne (of the burthen of 160 Tonnes,
wherof James Carter is Master bound for Virginea) from
imprestinge &o The other on the behalfe of the Shipp called
the James, of the same burthen, (wherof Tobias ffelgate is
Master) bound for Virginea as aforesaid. [/o 184\ ^ 3]
[158.] Whitehall, 28 February :
Virginia. A letter to Sir Francis Wiatt Gouemor in Virginea.
Whereas wee are giuen to vnderstand by sundry of the Virginea
Aduenturers, of one Abraham Peirce, now resident in Vir-
ginia to whose disposeing long since they committed a great
Magazine of goods, but he being now gotten thether, and
knowing himself to be out of their reach, kepeth possession
of their goods, without making them satisfaction, wee are
therefore moued for the better encouragement of the
Aduenturers to write vnto you, and to will you, to cause the
said Peirce to send them satisfaction, according to his agree-
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 97
ment with them, by the first retourne of Shippinge to London,
which agreement the said Aduenturers will make appeare
vnto you by their letters, which if he shall delay or refuse to
doe, that then you cause himself to answere their demands,
and in his owne person to come hether in the first returne of
shipping, they haueing no other remedy but by this meanes
to gett satisfaction at his hands. [fo. 240. ^ 2.]
[159.] At the Lord Mayor's, 18 March :
An open warrant with generall directions. Whereas Sir New
Walter Earle, Sir Richard Strode, and divers other gentlemen °^ '^'^ '
and Marchants Adventurors and Planters in new England,
haue made humble Suite vnto vs, for our Lycence, freely to
transporte, out of this kingdome, vnto the Plantation of New
England, the nomber of twentie Rother Cattell, by the increase ■
whereof tillage might be furthered, and the Planters enabled,
by this meanes, in some reasonable tyme, to subsist of them-
selues, without transportation of VictuaUs, out of this king-
dome for theire sustentation, . . . the said persons are
to be permitted to transporte the same. [/o. 254. 1| 4. J
[160.] At the Lord Mayor's, 20 March :
[An open warrant similar to 156 in favour of a ship called] Bermudas,
the Victorie, of the burthen of 150 Tonne (whereof William
Kempthome is Master) weU victualled and readie to put to
Sea bound for the Somer Islands. [/o. 256. Tj 1.]
[161.] Whitehall, 15 April:
A letter to the Earle of Totnes Master of the Ordinance Virginia,
[directing him] to haue ten BarreUs of Gunpowder dehuered
to Sir George Yardley Knight to bee transported to Virginia,
and imployed in his Majesties seruice there. [fo. 300*.]
[162.] Whitehall, 19 April :
Instructions from the- Lords of his Majesties most Virginia.
honorable priuy CounceU to Sir George Yardley Knight
Gouemour of Virginia and to the CounceU of State there.
1 That you Sir George Yardley doe use your best
98 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626.
endeauors to bee ready with such Shipps and Vesselles, men
and prouision as you haue furnished for that purpose vpon
the first faire winde and weather to put to Sea, and to sails
directly for Virginia, vnlesse you shall finde it requisite for
the good of the Plantation and peoples healths to touch at the
Somer Islandes by the way, whence after you haue refreshed
you shall proceed on to Virginia, And vpon your arriuall there
according to your Comission graunted by his most excellent
Majestic vnder the great Seale &c take vpon you the present
gouernment of that Collonie.
2 That in the first place you bee carefuU Almighty God
may bee duely and daily serued, both by yourselfe and all
the people vnder your Charge, which may draw downe a
blessing vpon all your endeauors.
3 That you faile not by the first Shipp to send vs a List
of all the seuerall Plantations, the place where they are planted,
the distance betweene the Plantations, the number of the
people in euery Plantation distinguished by their Sexes, ages,
professions and Conditions, and also by the place of euery
ones birth, and the names of their Parentes heere in England ;
what Armes, Munition, Boates or Shipps, Dwelhng houses
and other buildinges, what impaled groundes, prouisions of
food or store of tame Cattell are in euery of the said Plan-
tations.
4 That you diligently and particularly inquire by oath
and all other lawful! meanes what landes, goodes. Seruantes,
Tenantes, houses, Boates, Shipps, debtes &c were in Nouem-
ber ]623 belonging to the late Company how and to whome
they haue since beene disposed, by what order and authority
they haue beene so disposed, and what you shall finde remayn-
ing, to reserue to the pubhque use. All which you are to
certefie vnder your hand, and the Seale of the Collonie.
5 That all new Commers bee well entertained and lodged
in houses by the ould Planters, till they can house themselues,
that they bee not suffered to sitt downe straggling, but injoyned
to Hue by those already planted, or in sufficient numbers
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 99
by themselues, And if they bee vnprouided of landes fitt to
manure, then to bee permitted to sett downe vpon the Com-
panies land, vpon the Conditions expressed in the Treasurer
and CounseUs letter sent immediately after the massacre in
August 1622.
6 That aU new Commers bee exempted the first yeare
from going in person or contributing to the warre, saue onely
in defence of the place, where they shall inhabite. And that
onely when the enemye shall assaile it, but all others in the
Collonie shalbe rated to the maintenance of the warres pro-
portionably to their abiUities, neither shall any man bee priui-
ledged from going to the warrs, that is aboue 17 years oulde,
and vnder 60, respect being had to the quallitie of the persons,
that Officers bee not forced to goe as priuate Souldiers, or
in places inferior to their degrees, vnlesse in case of extreame
necessitie.
7 That the Marchant bee not constrained to take
Tobacco, at 3s. the pound in exchange for his wares, but that
it bee lawful for him to make his owne bargaine for his goodes
hee so changeth, notwithstanding any Proclamation there
pubhshed to the Contrary.
8 That you call for the Charter parties, that the Masters
of Shipps bring along with them, and strictly examine whither
they haue truely performd the Conditions of their Contractes,
especially to inquire whither they haue not pestred their
Shipps with Passengers, and whither they haue giuen suffi-
cient and wholesome food and drinke during the voyage, and
as you finde to certefie the Uords of his Majesties priuy
CounceU, or the Comissioners for Virginia.
9 That you bee Carefull that the good Shipp the Anne,
wherein you are to imbarque your seKe and the James that
goeth in consort with you bee not pestred with Passengers,
and that the Masters of the same Shipps doe giue the said
Passengers sufficient and wholesome food and drinke during
the voyage.
10 That in reguard you may daily expect the Comming
of a forreigne Enemye, Wee require you soone after your first
100 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626.
landing that you publish by Proclamation through the Collonie,
that no person whatsoeuer vpon the arriuaU of any Shipp
or Shipps shall dare to goe aboard without expresse warrant
from you the Gouernor and CounceU least by that meanes,
they bee surprized to the great preiudice, if not the ouerthrowe
of the whole Plantation.
11 To auoyd that intoUerable abuse of ingrossing Com-
modities and forestalling the Markett, that you require all
Masters of Shipps, not to breake Bulke till their arrmall at
James Cittie, or otherwise without especiall order from you
the Gouernor and Councell.
12 That you indeauor by seuere punishment to suppresse
Drunkenesse, and that you bee careful! that the great quan-
tities of wine and strong drinke bee not sould into the handes
of those that are likeliest to abuse it, but that as neere as you
can it may bee equally disposed for the comfort and reliefe
of the whole Plantation, And if any Marchant or other for
priuate lucre shall bring in any rotten or vnholesome wines
or strong drinke, such as may indanger the healths of the people,
that you suffer it not to bee sould there, but to cause them
to shipp it backe againe.
13 And whereas your Tobacco falleth euery day more
and more to a baser price, Wee require you to use your best
indeauor to cause the people there to applie themselues to the
raising of more staple Commodities, as Ukewise to the impaling
of Gardens and Orchardes, and inclosing of groundes for all
manner of Cattell, whereby the store of the Countrey may bee
aduanced in aboundance.
14 That you cause the people to plant such store of Come,
as there maye bee a whole yeares prouision before hand in the
CoUonie, least in relying vpon one single Haruest by Drought,
blasting or otherwise they faU into such wantes and famines,
as formerly they haue endured.
15 And that you may the better auoyd the Treachery of
the Sauages, and preuent such dangers as heeretofore haue
fallen vpon the Countrey, Wee strictly forbidd all persons
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 101
whatsoeuer to receiue into their houses the person of any Indian
or to parley, conuerse or trade with them, without the speciall
Ucence and Warrant giuen to that purpose according to your
Comission inflicting seuere punishment vpon the Offendors.
16 And whereas by the last letters from Virgmia, Wee
are giuen to vnder stand that of those, that are now nominated
for Councellors there, some are dead and others are comming
home Wee doe authorize you the Gouernor to make choyce
of such as you in your Judgment shall thinke most fitt to
supply their places, and to administer to them an oath, as
you are directed by your Comission, that so in these dangerous
times there may not bee wanting a sufficient number to
gouerne in the affaires of that CoUonie, as also to minister
the Oaths of Allegiance and Supremacye to all such, as come
thither with an intention to plant and reside there, which if
any shall refuse hee is to bee returned and Shipped from thence
home, the same oaths to bee administred to all other persons,
when you shall see it fitt, as Marriners, Marchantes &c to
preuent any danger by Espyes.
17 And to conclude that in aU thinges according to your
best vnderstanding you indeauor the extirpating of Vice, and
th' encouragement of vertue and goodnes.
Signed by the Lord Keeper, Lord Treasurer, Lord Priuy
Scale, Lord Chamberlaine, Earl of Mongomery, Earl of Kellye,
Lord Conway, Mr. Treasurer, Mr. Comptroller, Mr. Vice-
Chamberlaine, Mr. Secretary Coke, Mr. Chancellor of the
Dutchye. [//• 303-304.]
[C.S.P. I. vp- 79-80.]
[163.] Whitehall, 19 April:
[A letter to Captain Henry Woodhouse, Governor of the Bermudas.
Bermudas, requiring him to assist Sir George Yeardley
with plants and other necessaries, fit for the use of Virginia.]
\jo. 304^ \ 1.]
[164.] Star Chamber, 3 May :
[A petition is presented by Ralph Merifieid, gentleman.
102 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626.
remonstrating that a Dunkirker prize taken on the way to
the Downs by virtue of Letters of Marque by Captain
Warner, the commander of his expedition to the new planta-
tion in the Caribbee Islands (2 small ships), had been taken
from him by Vice-Admiral Sir Henry Palmer, who required
him to clear the prize in the Court of the Admiralty. As
one of his own vessels is leaky and they are somewhat over-
charged with men and provision, he seeks redelivery of the
prize that He may use it to transport some of the men and
supphes. To prevent a long delay, and considering that
Merifield and Warner have already given bonds of great value
to the Admiralty, the petition is granted on further security
being given.] [/o. 322 ]f 1.]
[165.] Whitehall, 7 July : Present — Lord Treasurer, Lord
President, Earl of Bridgwater, Earl of Totnes, Lord Conway,
Mr. Secretary Coke.
Virginia. A letter to the Gouernour of Virginea. Wheras we haue beene
given to vnderstand, that ther is a greate abuse practized, by
those of that Plantation in transporting and venting (much
more frequently then heretofore) theire Tobacco into the
Lowe Countries, and elswher, wheras the same ought wholy
to be brought into this Kingdome, which practize appeares
to be verifyed, aswell by the diminition of his majesties
profitt, arriseing vpon Virginea Tobacco as lykewise by Infor-
mation otherwise from verie good hands, both out of the
Lowe Countries and other parts on that side : which being
lykewise comne to his majesties knowledg he is much offended
therat, and that with noe small Reflection of his displeasure
vpon those vnto whom the oversight and charge, of that
Gouernment hath beene comitted (as conceeveing it to be much
in theire power by theire Care and authoritie to prevent the
same). And hath therfore required vs in his name, hereby
straitly to charge and Comaund you, that aswell by punishing
such, as shalbe found to haue alreadie offended, or who shall
hereafter offend in that Kind, as lykewise by such other
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 103
effectual! Course, as may be thought on or devised the lyke
abuse may be by you prevented for the tyme to come. Hereof
his majestie and this Board, expect a Reall and dutiful!
Account from you. [fo. 383*.]
[166.] Whitehall, 10 July:
A warrant similar to 156 exemptmg from impressment Virginia.
&c. An English shipp under the Comand of Captaine
John Prein, called the Peeter and John of Ijondon of the
Burthen of 220 tonne well victualled and manned ready to
putt to Sea, and bound for Virginia which appeareth by oath
in the Admiralty Court . . . for the better encourag-
ment of the Planters in that worke of Plantation.
[fo. 389. Tl 2.]
CHARLES II. VOLUME II. (Part 1.)
(18 July 1626-1 Jan. 1627.)
[167.] WhitehaU, 21 July :
A letter to the Gouemour and Councell of Virginea. Virginia.
fEorasmuch as we are informed by a Petition exhibited vnto
the Board by one Thomas Powell Brother and Administrator
of the Estate of Capt. Nathaniell Powell deceased in Virginea,
that the Company did heretofore in oomiseration of the great
povertie of the Petitioner his brother and sisters, giue order
vnto the Gouemour and Councell in Virginea, to cause
inquirie to be made, what goods or debts the said Capt.
Nathaniell Powell dyed seized of, and to cause the proceede
thereof, to be duely retourned, to the vse of the poore men.
And wheras the said Councell, haue certifyed by theire letters,
to the late Company, that one William Powell, being onely
of name but noe way of Kine, to the said Capt. Powell, tooke
out letters of Administration in Virginea, and became bound
with good Suirties to be answerable to the right Heires of the
said Capt. Nathaniell Powell, for the said Estate. By Virtue
104 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626.
of which letters of Administration the said William Powell
made seizure of one Capt. John Hudlestones goods, then in
Virginea, for satisfaction of a debte of 2i0l. appeareing to
be due and not paid partly by Bond, and partly by Comodities
that was to be retourned that yeare, to the vse of the said
Capt. NathanieU Powell, whervpon Captaine Hudlestone
was constrayned, vpon Composition to deliver soe much
goods, as amounted to 1081. 15s. lOd. : towards the discharge
of the said Somme of 240Z. And wheras alsoe the said
William PoweU is since Deade, and the said Capt. Nathaniel]
Powells Estate is comne nowe, to the possession, of Mr.
Blanye that married the wife of the said William Powell, and
who was alsoe one of the Suireties for secureinge the Estate
aforesaid. And forasmuch as the said Thomas Powell, being
the elder brother of the said Capt. Nathaniell Powell, and
haueing taken out letters of Administration, out of the Pre-
rogatiue Courte here in London, and became bound to bring
in a true Inventorie, and to deale vprightly, with the rest of
his poore Brothers and Sisters, in allowing them theire iust
Shares. Wee takeing the same into our considerations Haue
thought good hereby, to will and require you, to take effectual!
order, that right and Justice may be donne to the Petitioner
his Brothers and Sisters, theire Assigne or Assignes for and
in theire behalf e. And what you shaU fynd due to the said
Thomas Powell his Brothers and Sisters, you cause it to be
sent with all convenient Expedition, in good Tobacco, to the
vse aforesaid, according to such directions and Instructions,
as shalbe given by the the said Tho. Powell, to the said
Assigney or Assigneys. [/o. 5. Tf 3.]
[168.] Whitehall, 22 July:
Virginia. An humble petition was this day presented to the Board
in the name of Samuell sharpe gentleman, and 12 persons latelie
arrived out of Virginia, at the Port of the Cowes in the Isle
of Wight, in a shippe called the Temperance, in which Port
they left the saide shippe, wherein they complaine, that by
reason of some differences, growne betweene Marmaduke
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 105
Raynor Master and Captaine William Sacar owner of the said
shippe : theire seuerall goodes and proportions of Tobacco
aboard the saide shippe are detayned from them, by the saide
Sacar to theire great damage in particular, and the preiudice
of the Plantation, for that there being now, two shipps ready
to goe for Virginia, the petitioners intended to haue sent
thether some suppUes by them, wherein they are now disabled
and hindred by hauing theire Tobacco detayned from them,
as aforesaid, And therfore humbly besought the Board to giue
order, that theire seuerall goodes remayning aboard, might
vppon the demand of any of them be deliuered into the handes
of his Majesties Customers or other principall officer of the said
Porte, or of any other Porte whether the said shippe may happen
to be brought, vntiU they had paid both Custome and ffreight
due for each of them. And that therevppon theire goodes might
be deliuered them by the saide Customer or other officer
[Their Lordships, considering the petitioners' desire to be just
and reasonable, gave orders accordingly.] [/o. IS*". Tj 4.]
[169.] WhitehaU, 24 July :
Whereas Marmaduke Rayner Master of the shippe called Virginia,
the Temperance, latelie arriued from Virginia, in the Port
or harbor of the Cowes in the Isle of Wight, hath by Petition
humbly complained to the Bord that Captaine WiUiam Sacar,
owner of the saide shippe, and not hauing bin the saide voyage,
had some fewe dayes since violenthe thrust the petitioner out
of the said shippe and possesed himseKe, asweU of all the
goodes and proportions of Tobacco belonging to about 13
persons, who came as passengers from Virginia in the saide
ship, and of other goodes consigned to diuers persons here
in london, as also of letters to this board, from the Gouernor
and CounceU of Virginia with diuers other letters to priuate
men, from the aduenturers there, and that he had hkewise
gotten into his handes to the petitioners great preiudice his
bookes of Accompt ; all which goodes letters and Accomptes
as aforesaid, he had detayned from the petitioner, and those
to whome of right they belonged, to theire great dammage
106 ACTS OF THE PETVY COUNCIL (COLONIAL). [1626.
and hinderance. And therefore humbly sought for reliefe,
asweU on the behalfe of the said Passengers and others owners
of the saide goodes as of him selfe and Ukewise on the behalfe
of the Marriners, who as he aUeadged were in great danger to
loose theire wages (which they had dearly earned) in case the
fEreight monyes, (out of which the marriners were to be paid)
should come to the handes of the saide Captaine Sacar ;
[The Board conceives that the complaint of the passen-
gers has been settled by the order of 22 July.] But as
for the ffreight monyes thereby ordered to be receaued by
the Customers or principall ofi&cers as aforesaide, theire lord-
shipps now thinke fitt and order, that it should remayne in
the saide Customers or Officers handes for satisfaction of the
Marriners, vnles they shalbe otherwayes satisfied, or the bord
giue further order therein, as for the goodes belonging to the
saide Rayner and those consigned to other persons here in
London, and for his the saide Rayners bookes of Accompt and
the not suffring him to come aborde to dehuer out euerie man
his goodes, wherewith he is best acquainted, as also for the
letters to this board, or to any priuate persons, from the
Aduenturers in Virginia, theire lordshipps thinke fitt and order,
that in all those particulars the sayde Captaine Sacar should
forthwith conforme himselfe, according to the desire of the
petition, or otherwise attend the borde, and shewe good cause
to the contrary, hereof the said Captaine Sacar or any other
person, whome it may concerne, are to take knowledge, and
accordingly to performe the same, as they wiU answer the
contrary at theire perilles. [fo 16.
[170] WhitehaU, 31 July:
Virginia. L^" *^6 matter of the ship Temperance, lately arrived from
Virginia], fforasmuch as the said Capt. Saker did by petition
this dale represent to the Board the indirect and iniurious
Carriage and proceedings of the said Reynor in this Voyage
first for that he being only a Hyred Master of the said Shipp
by the petitioner who was Ownor of the same, and who intended
himself to haue gone the said voyage, watched his oportunitie
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 107
when he the said Ownor was gone ashore, and sett saile for
Virginia leaving him behynd And for that afterwardes
hee had sent ouer goodes in his owne name, and to his owne vse
making the whole voyage meerly for his owne benefitt and
not for the petitioners with other vniust deaUnges mentioned
more att large in the said petition, and therefore humbly
besought the Board that the buisines might be left to a legall
proceeding. There lordshipps taking the same into their Con-
siderations, and being satisfied with the Cause shewed by the
petitioner being such as afforesaid. Did thinke fitt and order,
that both parties be left for their remedie, to the ordinary
Course of Justice Notwithstanding the said former order of
this Board grounded vpon the petition of the said Reynor.
[/o. 33.]
[171. J Whitehall, 14 August :
Whereas Sir Francis Wyatt Knight newly returned from the Virginia,
gouemment of Virginia did this day present an humble petition
to the Board desiring that the Impost of his Tobacco lately
brought home by him, not exceeding ten thousand waight might
bee remitted vnto him. Their Lordshipps taking notice that the
said Sir fErancis did with good satisfaction and commendation
exercise the said gouernment for diuers yeares, vnder the Com-
panie of Virginia, and since the dissolution of the said Com-
pany hath for diuers yeares performed very acceptable seruice
there in the same Charge by Comission without any allowance
from his Majestic vpon his owne Charge, doe thinke hee hath
weU deserued the suite now by him moued and a much
better. And doe therefore praie and require the Lord Treasurer
of England to giue order that the Impost of his said Tobacco
may bee discharged in recompence of his said sendee.
[fo. 5V' . II 1.]
[172.] Whitehall, 17 August:
ffower letters to fower Justices of Peace in the fower Tobacco.
Counties abouvewritten Lincolne, Nottingham, Glocester and
Essex. Whereas . . Michael Bland of Batterby in the
County of Lincolne . . . hath planted a great quantitye of
108 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626.
English Tobacco neere about the same place which by the
great proportion thereof appeareth, not to bee intended for
medicine but to bee taken in the pipe or otherwise as forraine
Tobacco, [he is therefore to give two good sureties not to
dispose of it otherwise than as the Board or the Court of Star
Chamber shall direct. If he refuses, the tobacco is to be
seized]. [/o. 58. last If.]
[173.] Whitehall, 23 August:
Sir F. [In a consideration of certain grievances of the Commons,
Gorges. occurs] : 10""'' the Complaint against Sir fferdinando Gorges
pattent is referred to the Commissioners for Trade.
[/o. 67\ ^ 1.]
[174.] Whitehall, 24 August:
Virginia. A letter to the Earle of Totnes Master of his Majesties
Ordinance Whereas his Majestie in whose Protection the Plant-
ation of Virginia wholly at this time remayneth hath
signified his pleasure vnto vs for the sending of ten BarreUes
of Gunpowder out of his Majesties Stores to that plantation
for defence thereof, as well against the Indians of the same
place, as against any forraine Enemies Wee haue thought
good heereby to praie and require your Lordshipp to cause the
BarreUes oi Gunpowder to bee dehuered for the use aforesaid
to bee sent by the Shipps called the Peter and John now readye
bound thither, for which this shalbe your Lordshipps sufficient
Warrant. [/o. 69\ last %]
[175.] Whitehall, 31 August: Present— Lord Keeper,
Lord President, Earl of Bridgwater, Earl of Kelley, Master
of the Wards, Master of the Roles, Mr. Chancellor of the
Duchy.
Virginia. A letter to the Gouernor and CounceU of Virginea. Wheras
we are informed that aboute eight yeares since one John
Pountis of London Marchant was sent into Virginea, by divers
Aduenturers for the good of that Plantation vpon a Proiect
of Sturgeon fisheing, which cost the said Adventurer at the
least seaventeene hundered pounds, and that the said John
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 109
Pountis, after he had remayned there fiue yeares being one of
the Councell of State, for that Plantation, was by the then
Gouemor and Councell there, sent into England, to his then
majestie and the llords of the Councell, as an Agent for the
generall good of the whole Plantation, with promis of twoe
hundered pounds, and other Rewards and allowances, for the
defraying of his Charge, and satisfaction for his paines, which
the said Pountis vndertooke but in his said Jorney at his
landing in England Dyed. [The Governor is therefore
ordered to assemble his Council], and to take such Course, as
shalbe fitting for the Examination of witnesses and searching
out of the particulars of the Estate of the said John Pountis,
which being by your Care found out then to be aydeing and
assisting vnto Richard Lother, or Capt. Tho. Prime or to any
other, whom the said Sir Tho. Merry shall make his lawfuU Attur-
ney in that behalf e, for the speedie recovering and gathering into
his hands of everie the particulars of the said Estate, that the
Retoume therof may without farther delay be made at the
Retoume of Capt. Tho. Prim. And if you shall fynd, any
neglect oposition or hindrance of this Course then we require
you by all lawfuU meanes, either to remoove or redresse the
same or els fco signifie vnto vs, the names of the opposers, and
further to send over vnto vs, or to the said Sir Tho. Merry
Knight true Coppies of the Examinations and depositions of
all such witnesses as shalbe produced, for the searching out
and discouering of any of the Estate of the said John Pountis
either in Virginea or in England or els where, [/o. 82. last \']
[176.] Whitehall, 3 September :
A warrant directed to Henry Somerscales, gentleman of Tobacco.
the County of Nottingham or to his Deputie. These
are to will and comande you to make your presente
and undelayed repaire unto the house or houses of all such
persons within the Countyes of Buckingham Lincolne and
Yorke, or any other County Cittie or Towne within the Realme
of England onely the Citties of London and Westminster
or the Suburbs thereof excepted as you shall either knowe.
no ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626.
or be probably informed, to receive, conceale, kepe, now sell,
or have in their custodie anie Tobacco of the English growth
or making, or anie Spanish or foreigne growth or maldng,
or anie Spanish or foreigne Tobacco, except onely such as is
of the growth of the English Plantations in foreigne parts
[All such tobacco is to be seized and a bond of £100
apiece to be taken of its possessors to appear before the
Board to answer for their high contempt]. [fo. ST*"- ^ 1].
[177.] Whitehall, 11 September:
Virginia. A Commission to John Preen, Captaine of the Peter and
John Whereas the said John Preene is to deliver letters of
importance from this Boarde to Sir George Yardley knight
the present Governor of Virginia and in the aforesaid Ship to
transport ten barrels of powder of his Majestys guift for the
defence of that plantation, and to command and governe the
said Ship and Mariners, and also all the passengers shipped for
the said voyage untill their Landing in Virginia to the number
of one hundreth persons or thereabouts, [he is to put to sea
with the first favouring wind, to sail direct to his destination,
to land his letters, provisions, and passengers, and to suppress
all disorders and mutinies both going and coming.] \fo. 95\ ^1.]
[178.] WhitehaU, 13 Sept :
Virginia. [A letter to Sir George Yeardley and his Council, requiring
them to give all due assistance to George Lisle], touching
a stock of Cattle which he pretendeth to be left him in
Virginia by the decease of an Uncle of his in that Countrie.
[fo. 98^ ]| 2.]
[179.] Whitehall, 15 September:
Virginia. [Captain John Preen, bound for Virginia, is to be allowed
to purchase for ready money fifteen barrels of powder
out of his Majesty's stores], because there is so great a
scarcitie of powder at this tyme that it cannot be had in anie
other place for money. [/o. 102''. ^ 1.]
1626.] ACTS OF THE PRIVY COUNCIL (COLONIAL). Ill
[180.] Whitehall, 2 November:
AVhereas Complainte hath bin made to the Board on the Newfound -
behaKe of Bernard Tartas, and Megelot de Pontneuf, Marriners ^^ '
belonging to the two shipps called the St. Leo, and the St.
Peter of Bayon in ffrance. Shewing that the said shippes being
laden with ffishe and Trayne oyle, brought from Newfoundland^
were taken by an English shippe belonging to Sir Edward
Seymor Barronet (wherof Captaine Hart was Comander) and
brought into Dartmouth, And that a Sentence had bin since
obtayned in the Court of Admiraltie, in the absence of the
Owners of the saide shippe, or any other persons interessed
on theire behalf es. Whereby the saide shippe and goodes
haue bin adiudged lawfuU prize, and likewise a Comission
issued out of that Courte, to make sale of the same, [stay
of the said sentence and commission is ordered] vntiQ the
Complaintes allegations and proof es mav be heard before the
Court of Admiralty. [fo. 151". Ij l.]
On 8 November the pretended owners of the French ships
appear, but as they produce nothing material, the seizure is
confirmed. [fo. 154. ^ 3.]
[181.] Whitehall, 10 November : Present : — Lord Keeper,
Lord Treasurer, Lord President, Ijord Priuie Seale, Lord
Steward, Earl of Carhel, Lord of Bridgwater, Lord Chancellor
of Scotland, Earle of Kelhe, Lord Conway, Lord Viscount
Grandison, Mr. Treasurer, Mr. Secretary Coke, Master of the
Wards, Master of the RoUes, Mr. Chancellor of the Duchie.
[A dispute having arisen between the inhabitants of Great Newfound-
Yarmouth and the London merchants regarding the sale and ^^few
transport of herrings, the Board ordered that while herrings England,
could be bought by Enghshmen and foreigners alike, they
should be transported in EngUsh bottoms only.] And wheras
it was further represented to the Board, by the ffermors of
his majesties Customes, the Masters of the Trinitie house,
and divers principaU Marchants (then present) with many
important and weightie reasons, and allegations by them made.
That for the mayntenance of Shipping and Navigation, and
112 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1626-7.
the better supporte of the Marchants, of this kingdome. It
were necessarie that the lyke Restrainte, and Inhibition of
transporting of Hearrings, or anj other ffish in Strangers
bottomes, should be extended aswell to all the Ports, and
places of fishing within this Kingdome, and the Realme of
Ireland, as lykewise to the fi&shings by any his majesties
Subiects, in Newfoundland and New England. Theire Uord-
shipps haueing maturely dehberated thervpon, and knowing
well that the preservation of Shipping and Nauigation, and
the supporting and incourragement of Marchants by the
excluding of Strangers from Shipping, and transporting our
Commodities in theire Bottomes, is verie considerable, in
reason of State, and is agreeable to seuerall Lawes and Statutes
of this Realme, in that Case provided. Haue thought fitt and
ordered. That noe Hearrings or any other fish whatsoever,
taken by any his majesties Subiects. vpon any the
Coasts or places of fishing, belonging to this Kingdome
or within the aforesaid fishings, of Newfoundland or
New England, shalbe from henceforth Shipt, or trans-
ported in any Strangers Bottomes, but in English Bottomes
onely. [The farmers and ofiicers of the Customs and all
other his Majesty's subjects are ordered to conform themselves
accordingly.] And for the more speedie, and effectuall putting
in Execution of this Order. The Lord Treasurer is hereby
prayed and required forthwith to direct his letters to all the
seuerall Ports within this Kingdome on that behalfe.
[fo. 160.]
CHARLES I. VOLUME II. Pakt 2. (1 Jan.-l June 1627.)
[182.] Whitehall, 19 January :
Newfound [A petition of Francis Morel merchant of Rouen, and
AUin Lyot mariner. The said AUin Lyot, being master
of a ship called the Mouton of New Haven, coming from New-
foundland, was by stress of weather forced to take refuge in
Plymouth harbour, where his ship was seized. As his cargo
of fish is rapidly deteriorating, he sues that it may be
land.
1627.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 113
appraised and released, offering to give security. His petition
is granted, Philip Burlemachi, merchant, being named as
security]. [fo. 233. ^ 1.]
[183.] Whitehall, 9 February :
An open warrant directed to WUliam Bedo, to repaire into Tobacco.
the County of Glocester. to seize upon all English and Spanish
Tobacco and to bind over the parties so offending, in a bond
of 100?. to answere their defaults, before their Uordships.
[fo. 255"- ^ 4.]
[184.] Whitehall, 27 March :
Memorandum that the 24th of March 1626 It was agreed Cochineal
1 • 1 • r-i • I- I- n- ^ ^^ IndigO
betwixt his majesties Comissioners for sale of ffrench goods
. . . . and PhiHipp Burlemachi of London Marchante,
that the some of seaven thousand pounds shalbe assigned
vnto him, out of the proceede of the goods which
were brought to London from Portsmouth, and that
for the Remaynder of such somes of money which the said
Commissioners shalbe ordered, by the llords of his majesties
Privie Councell, to pay vnto him the said Phillipp Burle-
machi, vpon the arrivall of the goods taken out of the Shipp
called the Loue at Plymouth and other ffrench Shipps at
Portsmouth, and other Ports, the seuerall parcells of Cochinell
and Indicoe hereafter mentioned, shalbe dehuered vnto him
at the rates and prizes hereafter expressed vizt.
Twoe thousand pound weight of CochineU mesteca at thirtie
three shillings and fower pence per pound.
Twoe thousand pound weight of CochineU Tescala at thirtie
shilhngs per pound.
Twoe thousand pound weight of Cochinell Campeiana at
six shillings per pound.
Twoe thousand pound weight of Cochinell Siluester fine
shillings per pound.
ffower thousand pound weight of Indico Honduroes at
fiue shillings and fower pence per pound.
Twoe thousand pound weight of Indico Guatumalo at six
shilhngs per pound. [/o. 319.]
114 ACTS OF THE PRTVY COUNCIL (COLONIAL). [1627.
[185.] Whitehall, 5 April:
West Indies. ^ letter to the Lord Admirall. Wheras a Petition was
this day presented to the Board, by Capt. John Powell. Shew-
ing that the Petitioner beinge Captaine and owner of a small
Shipp, called the Peeter, being bound for the West Indies,
with a letter of Marque, readie manned to put to Sea, was by
Commaund from your Grace (vpon Restrainte by order of this
Board) stayed from his intended voyage, to the Petitioners
greate charge and hindrance not onely in the losse of
tyme, but in consumeing his provision and Victuall:
your Grace [is] to giue present order and leaue to the
said Capt. Powell to proceede on his intended Voyage,
Notwithstanding any former order or Restrainte.
[fo. 345. TI 1.]
[186.] , 6 April :
West Indies. The Hke letter of one dated the 5t of this present to the
Lord Admirall for release of a Shipp called the St. George and
a Pinnace called the Guifte of God being bound for the West
Indies with letters of Marque. [fo. 345*. ^ 2.]
CHARLES I. VOLUME 3. (1 June 1627-28 Feb. 1628.)
[187.] Whitehall, 8 June:
West Indies. An humble petition haueing ben presented to the King
by Sir John Wentworth knight and Baronett. Shewing that
he had heretofore wiUingly aduentured his hfe in the service
of his Majesties Royall Progenitors and therein gained some
approbation, soe now his desire was to continew the like to
his Majestie and in that regard he humbly sued that for the
better explanation of his zeale and dutie to his Majestie he
would be gratiously pleased to graunt vnto him for one yeare
the loane of 2 prize Shipps called the Nostre Dame of Haure
de Grace of the burthen of 160 tonus, and the St. Peter afly
boate of 60 tonus, or thereabouts, when they shall be vn-
laden ; furnished with all their Anchors Cables, Sayles, Tack-
lings, Apparrell, ffurniture, Ordnance Amunition, and Equi-
1627]. ACTS OF THE PRIVY COUNCIL (COLONIAL). 115
page whatsoeuer, therevnto belonging, with supplie of such
Ordinance powder, shott and amunition as is wanting, and
rpon Survay to be made by his Majesties Officers shall be
found requisite and necessary ; which Shipps the said Peti-
tioner will vndertake to victuall, and man at his owne Charges,
intending a voyage to the West Indies, to trade with the
Indians and his Majesties Subjects there Inhabiting ; And
with letters of Marque outwards, and homewards bound, to
adventure his Hfe against his Majesties enemy es ; And for the
safe Retume of the said Shipps, with their prouisions and
other appurtenances whatsoeeuer abouementioned, after the
tyme shall be expired (the hazard at Sea, and fights excepted)
to putt in good security to performe the same, as in like cases
is vsuall. [His Majesty and the Board granted the ships
on the conditions named.] [fo. 11.*]
[188.] WhitehaU, 10 July:
[An open warrant to William King, authorisiag him to Tobacco,
root up and destroy all English-grown tobacco in the Counties
of Worcester, Gloucester, and Wilts. All Justices of the
Peace are required to assist him. 17 places in Worcestershire,
40 in Gloucestershire, and Wotton Basset in Wiltshire are
named as especially guilty.] [fo. 54. ]I 5.]
[189.] WhitehaU, 13 July : Present :— Lord Keeper, Lord
Treasurer, Lord President, Earl of Bridgwater, Earl of Kellie,
Mr. Secretary Coke, Mr. Chancellor of the Exchequer, Mr.
Chancellor of the Duchy.
Whereas the Board was made acquainted by the Lord Virginia.
Treasurer and by late letters from the Gouemor of Virginea,
it was informed that some English Marchants, respecting
meerely theire owne profitt, without any regard at aU, to the
good of that Plantation, had of late transported thither, greate
quantities of sacke, which sorted much to the preiudice and
impoverishing of the said Plantation, aswell in being an
occasion of Drunkennes and Idlenes, amongst the people as
* This entry is repeated on fo. 19& with some verbal additions.
116 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1627.
lykewise in draweing from them theire gaines, and fruites of
theire Labours, to the inriching onely of the said Marchanfcs
and the impouerishing of themselues. Theire llordshipps
vpon consideration had therof, did thinke fitt and order, well
weighing the inconvenience and mischeefe, that mought ensue
therby to that Plantation, if some remeadie were not pro-
vided, did thinke fitt and order, that the proportion onely
of ten pipes of Sack per annum, should be suffered to be
transported thether. And the same to be by Planters onely,
and not by Marchants. And that to this end, the Lord
Treasurer be hereby prayed and required, to take effectuall
order, with the officers of the Customes here, and all other
officers of the out Ports, to whom it appertaines, to cause
this order to be duely put in Execution. [/o. 57\ ^ 2.]
[190.] Whitehall, 25 July : Present : — Lord Keeper, Lord
President, Earl of Dorsett, Earl of Bridgwater, Master of the
Wards, Mr. Secretary Coke, Mr. Chancellor of the Exchequer,
Master of the Roles, Mr. Chancellor of the Duchy.
Virginia; A letter to the Gouemoiir and Councell of Virginea.
Wheras George Sandis Esqr. hath humbly petitioned the Board.
Shewing that he hauoing beene elected by the late Com-
pany of Virginea to be theire Treasurer ther, for three yeares.
It was by them at a generall quarter Courte the 9th of June
1624 : ordered, that he should haue the remainder of the
Tearmes of those Tenants and Youthes, then in his service,
in parte of satisfaction of a greater nomber, due to him by
Contract, with the said Company vnder theire Common Scale,
but that notwithstanding the said order, the Gouernour and
Councell there, since the Petitioners Retourne from thence,
haue by late order enioyned his ffactor there, to giue securitie
for the profitts recemed of those mens labours, in former yeares,
and lykewise that theire persons should be taken, from the
Service of the Petitioner and ymployed de futuro, for the
beriefitt of the said Councell, wherin he humbly besought
to be releeued. Shewing further that he haueing in the years
1624 : by virtue of his said office of Treasurer there, ymployed
1627.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 117
his Servante Thomas Swifte, to receiue the Companies Rents
in Tobacco with Charge that he should accept of none, but
what was good and marchantable, that one Capt. Whitakers
ouerseer ther for the said Company, paid in such, as however
it were fayre and good to the Eye, and could not be dis-
couered at first, yet as appeared afterwarde, was soe corrupted
by haueing Salte water throwne vpon it, as that it made the
whole parcell become vnmarchantable, and that the same
remayneth still in theire Storehouse, and was never medled
with since by the Petitioner but that the said Councell (how-
euer this appeare to be his Case) doe threaten, to make him
and his Estate there, accomptable for the same and therfore
humbly besought the Board to be lykewise releeved herein.
The further Examination of all which, being referred to his
majesties Atturney generall, and others Comittees appoynted
by the Board, fforasmuch as we haue found by Certifficate
from them, that the Petitioners Allegations appeare to be
true, aswell out of the aforesaid orders, mentioned in the said
Petition, as lykewise by seuerall depositions shewed vnto them,
taken before divers of the Councell resident there. We haue
thought good hereby, to wiU and require you, the Gouernour
and Councell there, to restore and Continewe vnto the Peti-
tioner, the quiett possession of all such Tenants and Servants,
togeither with the profitt of theire labours past and to come,
as were by the aforesaid order, of the 9th of June 1624: con-
firmed vnto him by the late Company. And concerning the
said Companies Rents received in Tobacco in the yeare 1624
by the Petitioners Servant as aforesaid. We thinke fitt and
doe hereby further require you, that in Case any proceedings
on that behalfe, be there had against the Petitioner dureing
his absence, that noe fynall Judgment be passed thervpon,
tiU the said proceedings be first transmitted hither, and that
this Board giue further order therin. [/o. 72''. ^ 1.]
[191.] WhitehaU, 25 July:
[A letter to the Governor and Council of Virginia, recapitu- Virginia,
lating the resolution of 13 July regarding the importation of
Sack, and further requiring them] not to suffer any Sacke
118 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1627.
atall brought in by Strangers, or in Strangers Bottomes, to
be either landed or vented there. [/o. 73. If 2.]
[192.] Whitehall, 27 July : Present — Lord President,
Earl of Dorsett, Mr. Chancellor of the Duchy.
Virginia. A letter to Sir George Yardley Knight Gouernor of the Enghsh
Collony in Virginea. Wheras the late Earle of Southampton,
then Gouernour of the Company of Virginea, assisted with
divers noblemen and other persons of quallitie, did for the
advancement of that Plantation, send over at theire greats
Charge, divers Shippwrights, Boatewrights, with store of neces-
sarie provisions and materialls, for the building and setting
vp of Shipps Pinnaces and lesser Boates, for the service and
advancement of that Collony which worke amongst sunderie
other of greate importance was vtterly distroyed by the Mas-
sacre which happened soone after. Now forasmuch as we
are giuen to vnderstand, that by the Care and dilligence of
Mr. George Sandis, then Treasurer for the Company in Virginea,
by direction from the said Earle, and other the adventurers
the remaynes of the said worke were sould, and disposed of
soe as to be converted vpon accounte to the behoofe of the
Adventurers. And that Mr. Sandis at his comeing away, did
eaue with Sir fErancis Wyatt, then Gouernor of that Collony,
twelue hundered weight of stript Tobacco, togeither with
sunderie Couenant Seruants and other Materialls, amounting
to aboute the valewe of fower thousand weight of Tobacco
more. All which at the comeing away of Sir ffrancis Wyatt,
were consigned into the hands of Abraham Peirce, who had
formerly beene Cape marchante for the Company, we haue
therfore thought fitt to pray you, asweU in reguard of right
to be donne, to the said Adventurers, as alsoe for a future
incourragement to others vpon lyke occasion, to take especiall
care that those goods, and other remajmes belonging to the
said Adventurers, may be ordered by the said Peirce to theire
best profitt, and the Tobacco, and other Comodities, which
shall arrise therof to cause him to transmitt hither, by the
next opertunitie deducting the Charge, and to consigne the
1627.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 119
same vnto Mr. Nicholas ffarrer Treasurer here for the said
Adventurers, vnlesse the said Peirce can shewe good Cause to
the Contrarie. [fo. 78. If 2.]
[193.] WhitehaU, 31 July.
[~ [A warrant dispensing from impressment &c,] an English Virginia
Shipp under the Commaund of Captain John Preen called the
Samuell of New Castle, of the burthen of 250 Tonnes,, .readie
to put to sea, and bound for Virginea, which Appeareth by Oath
in the Admiraltie Courte. [/o. 80. ]J 2.]
[194.] Whitehall, 5 September :
Whereas the Companie of the west Indies in the vnited Pro- West Indies.
uinces ; hath made humble suite vnto his Majestie, that their
Shipps employed thether, either in Trade of Marchandize, or
on warrf are for the weakening of the Common Ennemy ; might
quietly pass on their intended voyages, both outward, and
homeward bound, without anie molestation, stay, or hinderance,
by his Majesties owne Shipps, or those of his Subjects, employed
with Letters of Marque, to the Southward, or elswhere. It
pleased his Majestie therevpon to declare, that his Royall
will and pleasure is, the said west India Companie, their
Captaines, Masters Marriners, Shipps, and Prizes by them taken,
or to be taken hereafter, vpon the said Enemy ; and all their
goods and other things, whatsoeuer to them belonging ;
shall haue free ingrees egress and regresse into, and out of all
his Majesties Ports, Hauens, Roads, and Creekes, as by the
Articles of the Treaty, made at Southampton, the 7th of Sep-
tember 1625 more at large appeareth. vizt. [Here follow
§§ 15, 16, 17, 18, 19, 23 and 24 of the treaty,* and an
injunction to aU his Majesty's servants punctually to observe
them.] [/«• 126". If 2.]
[195.] WhitehaU, 14 September :
[A Commission to John Preen,] Captaine of the good Shipp Virginia,
the SamueU of Newcastle, and of a Pinnace called the Endeavor
of London now bound for Virginia.
* The treaty is given in the Clarendon State Papers (Oxford, 1767)
Vol. i. pp. 27-33.
120 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1627.
Whereas the said John Preen, att his great chardge, and perill
is to transport people and provisions unto the said Plantation
to the strengthening and advancement thereof, and is during
the whole voyage to have the government and command of
the said Shipp and Pinnace, and of aU passengers, Marriners,
and saylors therein to be shipped to the nomber of two hun-
dred, and twenty persons or thereabout, [he is given the same
instructions as on 11 Sep. 1626]. [fo. 140. TJ 2.]
[196.] Whitehall, 19 September :
West Indies. [With reference to the Order of 8 June, Sir Henry Martin,
Judge of the Admiralty, finding no precedents, desires further
directions from the Board. Sir John Wentworth alleges that
he has already given bond of 4000Z. in the Admiralty Court
for his Letters of Marque, and offers his own bonds and those
of the masters of the ships (" they beeing housekeepers, and
haveing wives and children residing here" ) and the usual
assurance for the munition and ordnance. The securities
offered are to be accepted, and the ship and pinnace dehvered
to Sir John Wentworth.] [fo. 144. Tj 3.]
[197.] Whitehall, 21 December : Present— The Kings
most excellent Majestic, Lord Keeper, Lord Treasurer, Lord
President, Lord Admirall, Lord Steward, Lord Chamberlaine,
Earl of Suffolk, Earl of CarUle, Earl of Holland, Earl Morton,
Lord Viscount Conway, Lord Viscount Grandison, Lord
Bishop of Duresme, Lord Bishop of Bath and Wells, Mr.
Treasurer, Mr. Comptroller, Master of the wards, Mr. Chan-
cellor of the Exchequer, Mr. Chancellor of the Duchey.
Tobacco. This day the Boord, in the presence of his Majestie and
by his speciall direction, takeing into their considerations,
the enghsh plantations in Virginia, and the Sommer Islands
especially, and consideringe that for the present they cannot
subsist, but by the vent of their Tobacco planted there, and
from thence transported heather : haue thought fitt and soe
resolued and ordered : That for the preservation and incourage-
ment of those English plantations abroad, no Tobacco shalbe
1627-8.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 121
planted either in England, or Ireland, or any the Islands thereto
belonginge, nor any such Tobaco shall be brought, or sold,
vttered or vsed, by any but shalbe vtterly destroyed, and
consumed wheresoeuer it shalbe found either simply,
or mixt, with any other Tobacco ; . . . and no
Spanish Tobacco, or other Tobacco, of the growth of any of
the King of Spaines Dominions shall be imported into this
Realme, other then such as shalbe imported by his Majesties
Agents only, and only for his Majesties vse . . .
[fo. 240.]
[198.] Whitehall, 20 January :
It was this day ordered by his majesties Commaund, that Tobacco.
Mr. Atturney Generall, shall drawe vpp a Proclamation, that
all the Tobacco comeing from Virginea and the Burmodoes or
any other place, shalbe brought to the Port of London.
And that noe Tobacco shalbe transported out of the Kingdome
but by his majesties speciall Lycence. Prohibiting lykewise
aU persons to plante Tobacco in any place within this Realme.
And if any person ofiend against the said Proclamation the
same to be punished, without Remission by seuere Censure
in the Starr-Chamber. [/o 267. U 3.]
[199.] Ibid.
Wheras Raphe Merifeild did by his humble Petition St.
informe the Board, that he hath brought from St. Christophers
Island about x™ weight of Tobacco, which according to his
majesties Grant, for the encourragement of the Planters, he
is to Land and dispose of Custome free. But that since the
said Grant, a Proclamation hath beene published, prohibitting
the Sale of aU Tobacco to others then such as shalbe appoynted
Commissioners for his majestie to buye the same, and that noe
such Commissioners were yet appoynted ; wherby the Petitioner
sustayned much preiudice, and therfore humbly sought for
Releefe by order of this Board. It was thought fitt, to referr
the further Consideration of the said Petition to his majesties
Atturney Generall. [The Attorney General having reported
122 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628.
favourably, their Lordships allow the sale of the tobacco
provided that this special case shall not hereafter be " drawne
into President."] [/o. 268\ Tf 1.]
[200.] Whitehall, 20 January:
St. Whereas a Petition was this day presented to the Board in
Christopher. ^^^ ^^^^ ^f Thomas Combes, Maurice Tompson and Roger
Barwicke Seruant to Captaine Warner Gouernour at St. Chris-
tophers Island Shewing that the Petitioners Combes and
Tompson about July last by aduice from the said Capt. Warner
did for the supply of that Plantation, and with the approbation
of the Earle of Carlile a Member of this Board, to whome his
Majestic hath graunted the said Island, send the good Shipp
called the Plough of London, which returned and came to
Southampton about the 15th of December last in which
Shipp the said Captaine Warner sent home by the Petitioner
Barwicke, about 10500 weight of Tobacco, and for the Account
of the Petitioners Combea and Tompson about 9500""- weight,
which according to his Majesties Graunt for encouragement
of the Planters, they are to sell and dispose of Custome and
Impost free. And that the Lord Treasurer had giuen Warrant
accordingly, but with Caution of putting it in safetye at South-
ampton vnder two Keyes, the one to remayne with the Cus-
tomers and the other with the Petitioners, [and praying for
relief, no Commissioners having yet been appointed under
the Proclamation (cf. 199), order is made similar to that in
the case of Mr. Merifield, with the same provision against its
being drawn into precedent.] [fo. 275. ^ 2.]
CHARLES I. VOLUME 4. (1 Mar. 1628-19 Dec. 1628.)
[201.] Whitehall, 11 March: Present— Lord President,
Lord Steward, Lord Chamberlain, Earl Morton, Earl of Kelly,
Lord Viscount Conwey, Lord Viscount Wimbledon, Master
of the wards, the twoe Chancellors.
1628.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 123
A Warrant with generall directions Whereas his Majestie West Indies,
hath lately graunted by Letters Patents vnder the great Seale
of England, the Island of St. Christophers and others the Caribe
Islands, vnto our very good lorde the Erie of Carhle, with full
power and autoritie for himseKe and anie other whom he shall
employ or licence to bransporte thither men munition and
whatsoeuer else shalbe necessary for the beginning and estab-
lishing of a Plantation in the aforesaid Islands : These are
therefore to require and ia his Majesties name expresly to
charge you and euery of you whom it may in anywyse con-
cerne, to be ayding and assisting vnto the sayde Erie, and
those whom he shall therein employ, with all necessary
prouisions to that ende ; And to suffer all such men and
Munition, and other necessaryes, as he or they shall thinke
good to sende to those places, to passe freely and quietly
without anie lett, hinderance or molestation. Hereof faile
you not &c. [p 23. ^j 2.]
[202.] WhitehaU, 14 March :
This day, Sir John Wolstenholme, Sir Paul Pinder Mr. Jacobs, Tobacco.
and Mr Dawes attending the Boarde declared to their lord-
ships in their owne names and in the names of the rest of the
ffarmers, who together with them, did attende his Maiestie
sitting in Counsell yesterday, about the busiaesse of Tobacco,
that they cannot furnish a stock, to vndertake the Agencie for
Tobacco. And they farther declared that they haue intel-
ligence of some ships arriued at Southampton, or there about
freighted with Tobacco ; which Shipps if Order be not taken,
that they may discharge paying Custome and impost, wiU goe
forthwith for Hollande, and Zealande. Whereof the Lorde
Treasurer is prayed and required to .take notice, and to giue
present direction to the Officers of the Ports, to suffer them to
discharge, and to giue Kbertie to all other Shipps, that shall
arriue hereafter furnished with Tobacco, from Virginia and the
summer-Islandes, thereby to prevent the preiudice, which
otherwyse may growe to his Majestie by the losse of the
124 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628.
aforesayd Custome and impost, besydes the carrying of the
Tobacco out of the Kingdome. [p. 30. ^ 1.]
[203.] Whitehall, 9 May.
West Indies. A Warrant to Mr. John Eueling. Whereas his Majestie,
for the incourragement of Planters, hath vsually granted,
Ordinance, and Powder to furnish theire Plantations. And
our very good lord the Earl of Montgomery vndertakeing a
Plantation in the West Indies cannot be otherwise furnished
with Powder then from you. And doth at this tyme desier
a proportion of one hundred Barrells. [You are forthwith
to furnish the same at the usual rate.] [p. 102. ^ 1.]
[204.] WhitehaU, 7 June :
West Indies. A warrant with generaU directions, to free all such Gunners
Marriners &c from impresting, as belong to the Shipp the
Archangell Michell and the Pinnace the litle Hay, being pre-
pared by the Earle of Carlile, and readie to put to Sea for the
West Indies. [p. 201. If 1.]
[205.] WhitehaU, 14 June :
Lady l^^ ^ financial settlement between the King and Lady
Raleigh. Raleigh, her claim for 600?., as part of her composition for
the ship called the Destiny is ordered to be left] without
preiudice in Statu quo prius, to such former orders as haue
beene made therin, and to such right as the said Ladie
shall make appeare vpon further heareing. [p 228. 1| 1.]
[206.] WhitehaU, 23 June:
Sir John [Concerning the ship and pinnace lent to Sir John Went-
worth], fforasmuch as we are informed that the said Sir John
Wentworth is now retourned with his said Shippe into the
harbour of Portsmouth, And that the said Pinnace being
severed from him by Storme at Sea, is driven upon the Coaste
of Ireland, where she yet remaynes, and for that both the
said Shippe and Pinnace are become soe defective and decayed,
1628.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 125
as that the Charge of repairing and makeing them serviceable
is lyke to be greate. And for that he hath not since his goeing
out had any successe, or taken any Prize answerable to the
Charge he was at before, in setting out the said Shipps, [he
therefore humbly asks for the free loan of the said ships for
one year longer j which is granted.] [p. 234. ]| 2.]
[C.S.P. Domestic. 1628-9. p. 174]
[207.] Whitehall, 5 July :
Whereas it hath pleased his Majestie to referre the annexed Virginia,
articles* concerning the Colonie of Virginia vnto the Lord
Treasurer to be by him considered of : It is therefore ordered
that Captaine Harvy who presented the said Articles shall
attende the said Lord Treasurer, for his lordships better and
fuller information in every particular, and for the spedier
expediting of aU other businesse that conceme Virginia ;
which is likewise referred to his lordship. [p. 262. ^ 2.]
[208.] WhitehaU, 7 July :
Vpon a petition this day presented to the Boarde, by a Bermudas,
great Companie of poore aduenturers and planters in the
summer-Islands, in which they remonstrate that they haue
brought home a smaU quantitie of Tobacco, which hath long
lyen in the Custome house, through the detained whereof they
sufEer great dammage, and therefore humbly sue that they
may haue their Tobacco restored in paying reasonable Custom es.
Their llordships taking this their humble suite into considera-
tion did thinke fit and order that the petitioners shall haue an
abatement of three pence Impost vpon everie pound of
Tobacco mentioned in the petition, but they may not expect
anie abatement hereafter vpon that commodity. And the
petitioners are therefore hereby required to forebare the plant-
ing of so much Tobacco hereafter as formerly they haue done,
* Not given in Register.
126 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628.
in regarde the lande which is almost wome out, may be
employed to more profitable and necessarie vses. [The Lord
Treasurer is required to give orders accordingly.]
[p. 268. Tl 2.]
[209.] Whitehall, 18 July :
St. Vpon a petition which was this day presented to the Board
by George Rookes and his Companie wherein they remonstrate,
that having set forth a Ship called the George, in which there
are one hundreth passengers in consort with other Ships
belonging to the Erie of Carhle, for the Islands of Saint
Christopher, which Ship is stayed at the Isle of Wight, where
the Victuals are daily consumed, and the passengers and
Mar5Tiers in danger of perishing, before they can be able to
attaine their Porte, vnlesse spedy order be giuen for their
releasse, . . the lord Admirall his Grace is prayed . .
to giue directions accordingly. [p. 302. ^ 1.]
[C.S.P. I. p. 93.]
[210.] WhitehaU, 4 August :
Virginia. I* "^^^ t^s day ordered that the overplus of his majesties
Customes Imposts, and other duties aswell for Tobacco, as
for other Staple Comodities out of Virginea, which shall in
the yeares hereafter to come encrease beyond the Somes, which
the said Customes Imposts and other duties shall come vnto
this growing yeare, ending at Michaellmas next, shalbe ymployed
to satisfie aswell 5001. to be allowed to Capt. Haruie Gouernor
of Virginea, for the transportation of himselfe, and his fEamily,
and one thousand pounds for his yearely entertaynement, as
alsoe to defray the Charges of fortifying, and other necessarie
occasions, for the defence and securitie of the Countrie, and
Inhabitants. Wherof the Lord Treasurer is prayed and
required to take notice and to giue efEectuall order therin
accordingly. [p. 366. "[j 2.]
[211.] Whitehall, 6 August: Present :— Lord President,
Lord Priuie Seale, Lord Admirall, Lord Steward, Earl of
1628.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 127
Holland, Lord Chancellor of Scotland, Earl of Kelley, Lord
Bishopp of London, Lord Viscount Dorchester, Master of the
Wards.
Instructions from the Lords of his majesties most Vjginia.
honourable Privie Councell to Captain John Harvie
Governor of Virginea and to the Councell of State there.
[In these Instructions Clauses 1, 3, 4, 5, 7, 8, 10, 11, 12, 14,
15, 16 are the same as the corresponding clauses in the In-
structions to Sir George Yeardley [162], 6 is the same save
that 16 is substituted for 17 years ; in 9 the William and
John is substituted for the Anne and the James. The other
sections follow :]
2. That in bhe first place, you be carefuU Almightie God,
may be duly and dayly served, both by your selfe and all
the people vnder your Charge, which may drawe downe a
blessing vpon aU your Endeavours. And lett everie Congre-
gation that hath an able Minister, build for him a Convenient
Parsonage house ; to which for his betber maintenance, over
and aboue the vsuall Pension, you shall lay 200 acres of Glebe
land, for the cleereing and inoloseing of that Ground, everie
of his Parishoners for three years, shall giue some daies labours,
of themselues and theire Servants. And see that you haue
an especiall Care, that the Glebe land be sett, as neere to his
Parsonage house as may be, and that it be of the best con-
ditioned land. Suffer noe Innouation in matters of Religion,
and be carefuU to appoynt sufficient, and conformable
Ministers, to each Congregation that may Catechise and instruct
them, in the grounds and principles of Religion.
13. And wheras your Tobacco faUeth everie day more
and more to a baser price, we require you to vse your best
endeavour, to cause the people there to applj^ themselues, to
the raiseing of more Staple Comodities, as Hempe and fiiax,
and rape seed and madder, and lykewise to the impaleing of
Orchards, and Gardens, and incloseing of Grounds for CatteU,
wherby the Store of the Countrie may be advanced in
128 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628.
aboundance Lykewise everie Plantation to plant a proportion
of Vines, answerable to theire numbers, and to plant mulbury
trees, and to attend silke wormes.
17. That especiall Care be had, of the encrease and
preservation of neate Cattell, that the ffemales be not killed
vpp as formerly. And that his majesties wiU and pleasure
(concerning the running of a pale, twixt Martins hundred, and
Cheskay, and planting the same sufficiently for the resisting
the Natiues) be declared to a Grand Assemblee, by which
meanes ther may be safe Range, for Cattle of all sorts, wherby
the Collonie, in shorte tyme may haue such plentie of victuall
that much people may come thither for the setting vpp of
Iron Works, and other Staple Comodities.
18. [To prevent surprizes by savages or other enemies,
beacons are to be prepared,] the erecting of their Beacons,
and the watching them to be at the Charge of the Countrie
as shall be determined in a Grand Assembly.
19. [Every setfcler is to provide himself with arms, both
offensive and defensive, within a year from date, on pain of
punishment.]
20. And for that Armes, without the knowledge of the
vse of them, are to noe effect, we ordaine that there be one
Muster Master generaU appoynted for the Collonie who shall
fower tymes in the yeare, and oftener (if cause be) not onely
view the Armes, munition and furniture, of everie person in
the Collonie, but alsoe traine and exercise the people, teaching
them the vse and order of Armes, and shall alsoe certifie the
defects (if any be) either of appearance or otherwise to you
the Gouernor and Councell. And for the present, we doe
nominate and appoynt Capt. Robert ffelgate (haueing beene
formerly Muster Master in the Sommer Islands, and of whose
sufficiencie we are fully informed) to be the Muster Master
of the Collonie for three yeares, after his ariuall in Virginea.
And after the three yeares expired, we wiU that hee continewe
Muster Master still, vnlesse we shall otherwise dispose of his
pliace. And for his Competent maintenance, we will that you
1628.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 129
the Gouernor and Councell, soe order the busines at the Grand
Assembly, that everie Plantation be rated equally, according
to the nomber of the persons, wherin you are to follow the
Coarse practized in the Realme of England.
21- Whereas many Shipps laden with Tobacco, and other
marchandize from thence, carry the same ymediately into
forraigne Countries, wherby his majestic looseth the Custome,
and duties thereupon due, [no ship is to sail without giving
bond to sail directly to his Majesty's dominions, and is] to
bring a BiU of Ladeing from thence, that the Staple of those
Comodities may be made here.
22. And to conclude, that in all things, according to
your best understanding, you endeavour the extirpation of
Vice, and the encourragement of Religion Virtue, and good-
ness, [pp. 373-7.]
[212.] Whitehall, 6 August : Present : — The same. Lord
Treasurer replacing Master of the Wards.
Vpon consideration and debate this day had at the Board of Virginia,
diuers thinges for the good and aduancement of the Plantation
of Virginia, and for the incouragement of his Majesties Sub-
jectes there It was thought fitt and ordered, that his Majestic
should bee moued on that behalf to write his gracious letters
to the Gouernor and Colonic there, according to the Articles
heerafter following vizt.
1. First that his Majestic wilbee please to promise his
protection to the Collony of Virginia.
2. That hee will likewise promise to confirme vnder his
great Scale their landes and Priuiledges formerly graunted.
3. To signifie that there is already assigned by the Lordes
a proportion of monyes for maintenance of the Gouernor, and
for other publique vses, issuable out of his Majesties proffittes
from that Plantation, his Majestic will not onely confirme, but
also enlarge the same, as his occasions wiU permitt.
4. That hee wilbee the Rewarder of such well deseruing
Planters, as by their good seruices shall merritt it.
130 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1628.
5. That hee charge the Gouernor and Councell to cherish,
fauour and respect such persons as intend to make Virginia
their Countrie, and to preferre such to places of benefitt and
trust, that there may bee a reall difference made betweene
them, and such as goe onely thither to inrich themselues by a
Cropp of Tobacco.
6. That in respect of these his ffauors hee expectes that
all Planters and Aduenturers of that Colonie shall retume
their Commodities into his owne Dominions.
7. That hee requires the Gouernor and Councell, and all
other Officers, to execute Justice indifferently to all men, of
which hee wiU expect due performance.
8. That there are certaine Instructions signed by the Lordes
of his Majesties priuy Councell, which they must bee carefull
to obserue.
Heereof Mr. Secretary Coke is prayed and required to take
notice, and to prepare a letter, and moue his Majestie therein
accordingly. [p. 381. ^f 4.]
[213.] Whitehall, 8 August :
Virginia. A warrant with generaU directions to discharge John HlU
Mariner being imprested for his majesties service, and lyke
wise to free from impresting Lawrence May: Jhon Mixton,
Tho. CouUe, William Louewell, John Ashne, and twelue
other Mariners belonging to the Shipp called the Paramor
being bound for Virginea. [p. 385. ^ 4.]
[214.] Whitehall, 27 August :
Christopher. t"^ Warrant dispensing from any let or hindrance the ship
Lemon] and the little Hey bemg bound for St. Christophers
Islands. [p. 41 g. ^ 1.]
[215.] Windsor, 12 September :
Virginia. [A letter from his Majesty to Sir John Harvey, Governor
of Virginia, in accordance with the headings decided on on
6 August.] j-p, 454. ^ 1.]
[CS.P. I. p. 94.]
1628.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 131
[216.] WhitehaU, 16 September : Signed [by] Lord Keeper,
Lord President, Earl of Dorset, Earl of KeUie, Lord Viscomit
Dorchester, Lord Bishop of London, Master of the RoUes.
A Warrant with GeneraU directions. Whereas his Majestic, Virginia,
haueing taken into his Princely care the Plantation of Virginia,
is RoyaUie disposed, to further, and aduance the same, by all
the best meanes, and wayes that can be thought vpon ; And
whereas the transportation of diuerse things thither, (which
were formerlie prohibited for reason of State, and causes sute-
ing those times) are now thought fitt to be transported, for
the furterance of the said Plantation. Theise are therefore
to wiU and Command you, and euery of you whom it may con-
ceme, to suffer all the particulers hereafter sett downe to be
transported for Virginia, notwithstanding any former prohibi-
tion to the Contrarie. Vizt. Men, Woemen, and Children,
all manner of Cattaile, All manner of VictuaU, All manner of
Munition, Shoes, Bootes, Brasse in household implements,
and VtensilLs, and all other necessarie provisions, for the Plan-
tation consisting of materialls, prohibited to bee transported,
(all which were formerly graunted to be transported for that
Plantation, by the late letters Patents of the Virginia Com-
panie) for which this shalbe your warrant. [p. 456. ^3.]
[217.] Hampton Court, 28 September:
A warrant for dischargeing of John Burley, John Gates, Virginia.
Francis Perin, Prudence Mathewes, Ehzabeth Holland, and
Damoris Adderton and to cause them to bee deliuered to Lwis
Hughs Minister, to be sent into Virginia, by vertue of a Com-
mission directed to the llords and others of the Priuie Councell
dated the 20. of September 1628. remayning in the Counsell
Chest. [p. 490. If 1.]
[218.J Ibid.
Whereas his Majestic hath bin credibly informed, that the Tobacco
Tobacco of the grouth of England and Ireland, and Dominions
thereof, is not onely found to be vnholsome for mens
bodies, but a great hindrance, and tending to the ruyne and
132 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1628.
ouerthrow of his Majesties Plantations in Virginia, and other
partes beyond the Seas, and being desirous, and willing, out
of his Princely Care, and Royall disposition for the good of
his people, to be throughly informed before any further course
be taken, [he] did command, and their Lordshipps doe
accordingly order, that the President, and the rest of the
CoUedge of Phisitions, shall assemble themselues together,
and after mature, and good deliberation, certifie their opiaions
therein. [p. 484. •! 2.]
[219.] Whitehall, 18 October:
Virginia. A letter to Sir John Haruie Knight Gouernor of Virginea
and to the reste of the CounceU there. Wheras John
Perse hath by his humble Petition (which we send you
inclosed) complajTied to the Board, that he was per-
swaded and drawne by Abraham Perse his brother, to
sell vnto him certaine lands, which the Petitioner did
convey vnto his said brother, asweU to supporte his Creditt,
and Reputation being then a Marchant, as alsoe for and in
consideration of the some of 496?. or therabouts. ffor pay-
ment of which some, the said Abraham Pearse, became bound
to the Petitioner as by a Coppie of the Bond (which we send
you lykewise inclosed) doth at large appeare, but performed
not the same accordingly. And wheras the Petitioner doth
further informe that his said brother afterwards, went over
into Virginea and there obtayned a greate Estate, and is lately
deceased, but that the Petitioner cannot heare how his said
brothers Estate is disposed of, or what Course he hath taken
for satisfying the somes due vnto him, and therfore hath made
humble smte vnto vs, for our Letters vnto you for his Releefe
herein. [Their Lordships therefore pray and require you to
inquire into the disposal of the said estate, and to report
to them.] [p. 529. ^f 1.]
[220.] Whitehall, 26 October:
Sir John A letter to Capt. Bassett Vice Admirall of the North.
We send you herewithall, an order of the Board, for con-
1628-9.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 133
tinuance of the loane of a ffrench Shipp and Pinnace, to Sir
John Wentworth Knight and Barronet for a yeare longer,
vpon the Conditions, and for the reasons expressed in the order.
And because it is informed, that the Pinnace was carryed away
from him fraudulently by the Captain and that she is now
vnder your Commaund. we doe hereby will and require you to
dehver over the Pinnace with all the Tackle and provisions
appertaineing to her, vnto Sir John Wentworth or such
other as he shall appoynte to receaue her for him.
[p. 544. Tl 2.J
CHARLES L VOLUME V. (24 Dec. 1628-31 Mar. 1630.)
[221.] Whitehall, 1 6 February :
[Permission is given to Sir John Wentworth to use the two Sir John
ships lent him for another year, and an order issued for the
return to him of " victualle, fiurniture. Tackle, Apparrell,
or Provisions " " imbezelled and stolen " from his ship in the
harbour of Portsmouth]. [pp. 93-4.]
[222.] Whitehall, 25 February :
Wheras humble suite was this day made vnto the Board Newfound-
on the behalfe of the Lord Baltimore now remayneing m
Newfoundland, that in regard of the scarsetie of come there,
and of the greate plentie therof in this Kingdome Lycence
mought be granted for the bujdng here, and transporting to
his Lordshipp 14 Lasts of Wheate and the lyke quantitie of
Maulte, for the Releefe of those of that Plantation. [The
desired license is given] Provided that such person as is
imployed on that behalfe shall first pay his majesties Customes
and duties for the same, and giue good securitie not to dispose
of any parte therof, but for the Releefe of the Plantation
aforesaid. Hereof the Lord Treasurer is prayed and required
134 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1629.
to take knowledge and to giue efEectuall order therin
accordingly. [p. 106. last %]
[223.] Whitehall, 11 March:
Canada. Whereas his Majestie is pleased to refer to the Boarde a
Petition presented vnto him by Claude de Rocquemont and
ffrancis Derre of Gan ffrench gentlemen, in which they com-
plaine of the greate inhumanity of one Kerck of Deepe, now
dweUing in London, of his breach of faith and promise when
he had taken them at Sea in a voyage in which they were
making for a Plantation in Canada : Their Lordships for the
better expediting of the Cause, doe pray the Erie of Dorset,
Mr. Treasurer and Mr. Secretarie Coke, or anie twoe of them,
calling both parties before them to examine the state of the
saide Cause and after a full hearing of the allegations on both
sydes to report their opinions to the Boarde, that thereupon,
such finaU Order may be taken therein, as shalbe consonant
to iustice and equitie. [p. 129. last ^.]
[224.] WhitehaU, 25 March : Present :— Earl of Dorset,
Mr. Treasurer, Mr. Secretary Coke.
Canada. Vpon a full hearing of the Cause betweeno William
Barkley and Geruais Kerck on the one parte, and Claude de
Roquemont and ffrancis Derre of Gan ffrench gentlemen
Prisoners vnto them on the other parte ; which ffrancis Derre
was also presenb. It was finalhe Ordered, that the saide
Claude de Roquemont hauing made humble sute to his Majestie
to be removed from priuate Custodie, to some publique Prison,
should be committed to the fffeete, there to remaine vntill
farther Order from the Boarde ; whereof the meaning is, that
he shall continue there vntill the aforesaid William Barkeley
and Geruais Kerck shall haue sufficient tyme to enforme
themselues of the true value of his Estate, that thereupon the
point of Randsome may be accommodated and lykewyse
before his releasse, he is to pay the charges of his diet and
lodging to WiUiam Barkeley aforesaid in whose howse he now
1629.] ACTS OF THE PMVY COUNCIL (COLONIAL). 135
remayneth ; vizt. fiftie foure pounds and twelue shillings
for one hundreth eightie twoe dayes at the rate of six
shillings per diem, ffor so much as concerneth ffrauncis Derre,
it was at the same tyme Ordered that he shall haue libertie
to lodge and diet himselfe at his o^vne choice, vpon sufficient
Caution first giuen by him that he shall not departe this
Kingdome without permission it being hereby lykewyse in-
tended that WiUiam Barkely and Geruais Kerck aboue men-
tioned may haue convenient tyme to enforme themselues of
the true value of his Estate and also that before his departure
he shall giue satisfaction at the rate of foure shiUings per
diem for one hundreth eightie twoe dayes the totaU amounting
to thirtie six pounds and twelue shillings. [p- 151. ]j 1.]
[225.] Whitehall, 31 March:
Letter to the deputy lieutenants of the County of Suffolke. Bermudas.
Captaine Woodhouse hath made complaint to his Majesty
of your neglect, shewing that he left a sufficient Deputy, when
he was chosen and employed Governor of the Summer-Islandes,
to supply and discharge the place of Muster Master in his
absence, vntiU the death of the Erie of Suffolke ; from which
tyme, he can neither get his arreares for the last yeare, whyle
he was at the Summer-Islandes nor for the twoe yeares last
past, having bene all that tyme employed by his Majesties
commande to the Isle of Rets, and at RocheU. [His
Majesty therefore orders that the arrears be paid at once.]
[p. 158, last %]
[226.] Whitehall, 14 July :
A Passe for Sir John Haruey knight appointed Gouuernor of Virginia.
Virginia to goe thither in a Ship called the ffriendship of three
hundreth and fiftie Tuns or thereaboutes : with a Clause
requiring his Majesties Officers whom it may conceme to for-
beare the impresting, or empeachment of anie Person going
in the said Ship with Sir John Haruey aforesaid, for that it is
conceiued this their voyage tendeth to the good of his
Majesties seruice, [p. 352. last %]
Canada.
Sir John
Wentworth.
Virginia.
Virginia.
Canada.
136 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1629.
[227.] Whitehall, 17 July:
[De Roquemont and Berre are ordered to be set at Uberty,
on payment of such charges as are due.] [p. 361. If 2.]
[228.] WhitehaU, 22 July :
[Upon certificate from Sir Henry Martin, Judge of the High
Court of Admiralty, that the ship Saint John-Baptist with
its tackle had been adjudged to Sir John Wentworth and his
company by a sentence of 3 Nov. 1628, directions are given
for its dehvery accordingly] Provided that they shall not
sell the same to anie, but to his Majesties Subjectes onely.
and that such parte thereof as is due to his Majestic, be
answered to the Commissioners for prize-goods, for his
Majesties use. [p- 372. TI 1.]
[229.] Whitehall, 29 July :
[A petition having been presented] by Elizabeth Barwick
the Relict of Thomas Baiwick who died at Christmas six yeares
since, or thereabout m Virginia, and left diverse goods at his
decease, [the Governor and Council of Virginia are instructed
to inquire into the matter, and to see that she receives what-
ever is her due, after any debts of her late husband have
been paid.] [p. 385. Tf 2.]
[230.] WhitehaU, 13 August:
[A commission to John Preen, Captain of the ship Friend-
ship of London, of three hundred tons and upwards, sailing
to Virginia with the Governor and other passengers. Similar
to his previous commissions 195.] [p. 4-16. ^ 1.]
[231.] WhitehaU, 28 October : Present :— Lord Keeper,
Lord Priuie Seale, Earl MarshaU, Lord Steward, Earl of
Dorsett, Earl of Bridgwater, Earl of CarlUe, Earl of KeUey
Lord Viscount Dorchester, Lord Samle, Lord Newburgh,
Master of the Roles.
Wheras the Lord Ambassador here Resident for the ffrench
King haueing made Clayme to certaine goods on the behalfe
1629.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 137
of the Subiects of that King lately brought from Canada in
an Enghsh Shipp Wherof Dauid Kirke gentleman was Captain
wherin divers Marchants of London (by whom the said Captain
was ymployed and sett out) were Aduenturers and Sharers ;
did Comence suite in the Courte of Admiraltie here against the
said Captain and the Marchants interessed therin, for the
Recouerie of the said goods, and thervpon obtayned warrant
out of the said Courte, for putting the said goods in Seques-
tration and safe Custodie, vntill it should be decided by a
Legall proceeding there, to whom the same did of right apper-
taine. In persuance wherof, the said goods (howeuer they
were in the interim betwene the granting out of the said
warrant, and before the of&cers could execute the same
vnladen by the said Marchants, and put into theire warehouse)
were by the said officers attached and the said warehouse
doores fastened, with a Lock hung on by them, besides the
Locks wherwith the same was formerly fastened by the said
Marchants, and notice therof accordingly giuen them, ffor-
asmuch as vpon Remonstrance made to his majestie by the
said Ambassador that the said Marchaunts had since forcebly
broken open the said Locks, and conveyed away the said
goods, his majestie was pleased to referr the farther Exami-
nation and ordering therof to the Board. Theire Uordshipps
well knowing it to be agreeable, to his majesties Royall pleasure,
to preserue all amitie and good Corespondence with his deere
brother the ffrench King, and that the Subiects of that State
should vpon all occasions receiue aU iust and lawful favour
and haueing thervpon called before them divers of the said
Marchaunts, and fully heard theire Allegations concerning
the said fact did resolue that theire proceedings and carriage
therin, had beene soe disorderly and contemptious as they
deserued to be committed to Prison, and to be further ques-
tioned for the same : but the said Committment was afterwards,
vpon theire humble submission, and promise of conformitie
to such order as theire Uordshipps should sett downe, thought
fitt to be forborne, and it was thervpon hereby ordered, that as-
well the said Captain as alsoe all other the Marchaunts interessed
138 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1629.
in any the said goods, should forthwith redeliuer and restore
the same in Statu quo prius to be put vnder Sequestration,
and safe Custodie in such place and manner, as by the Judge
of the said Courte of Admiral tie should be directed, or in case
of theire Refusall to stand comitted to the fleete. And that
for such of the said goods, which were pretended by the said
Marchants to haue taken wett in the said warehouse wherby
they were become more perishable vnlesse some care were
taken in the drying and well ordering of them. Theire llord-
shipps thinke fitt that leaue be giuen to the said Marchaunts
to vse such meanes for the prcserueing of the said goods from
spoyle, as shalbe requisite, vpon Caution giuen to redeliuer
the same, to be deposited with the rest, within such con-
venient tyme, as shalbe required of them, by the said Judge
of the Admiraltie. And because the Board did thinke fitt
and resolue that an Insolencie of soe high an nature, in Con-
tempt of all authoritie and gouernment was not to be past
ouer without some exemplarie punishment. It is ordered that
the Judge of the Admiraltie should by Examination vpon oath
or otherwise inquire and find out, who were the principall
Actors m the breakeing open of the said Warehouse, and
carrying away the said goods, and thervpon make Certifficate
to the Board, to the end such further course mought be taken
for the punishing of them as theire Uordshipps shall find
cause. And lastly to the end that noe vnnecessarie delay may
be vsed in bringing the said cause to a heareing theire Uord-
shipps doe especially recommend it to the Judge of the
Admiraltie, to proceede therin with all expedite Justice.
[pp. 472-473.1
[232.] WhitehaU, 31 October:
Guiana. A warrant as folio weth. Wheras we haue beene moued
by the Gouernor of the Company, tradeing to the Riuer of
the Amazons in the West Indies : that for the defence of theire
plantation and residence there, they may be permitted to
furnish themselues with fower peeces of Iron Ordinance called
Drakes, and to buy the same in the Markett here, for theire
1629.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 139
money, and to transporte them for the vse aforesaid.
[Their Lordships give licence accordingly.] [p. 483.]
[233.] WhitehaU, ]0 November:
[A letter to Sir Henry Martin, Judge of the Court of Canada.
Admiralty :— The goods taken at Canada by Captain Kirke
and his Company are to remain in sequestration, and not to
be delivered to any person upon any caution or security
whatsoever.] [p, 491. ^ 2.]
[234,] WhitehaU, 2 December :
[The adventurers to Canada having represented that the Canada,
goods in sequestration are " so perrished with wett, that they
would be quite spoyled, unless some course were taken to
preserve them," their Lordships appoint Sir WiUiam RusseU,
Sir John Wolstenholme, and Sir Paul Pinder to examine the
said goods, and to report on their state, and on what course
they think fit to be taken. For this purpose Sir Henry Martin,
Judge of the Admiralty, and all others who have any locks
or keys of the warehouse wherein the goods are, are to deliver
them to the referees.] [p. 521.]
[235.] WhitehaU, 31 December:
Whereas vpon Complaint of the Aduenturers of Canada, Canada.
Order was giuen to Sir William RusseU Sir Paule Pindare and
Sir John Walstenham of the said Aduenturers vnder seques-
tration, who did therevpon make Reporte to the Board as
foUoweth. According to your Lordshipps Order dated the
second of this instant December wee haue beene at the Ware-
house wherein the goods are lately brought from Caneda, and
in sequestration. Amongst which said goodes, wee find cer-
taine India Coates made of Beauer Skinnes, and some small
quantitie of Beauer Skinnes not in garmentes, which are in
very iU Condition by reason of wett and Moysture they haue
taken, by which meanes they are perrishable, and wUl come
( by long lying) to bee of little value. And therefore our opinions
are (vnder your Lordshipps fauor) That vnlesse the said
140 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1629-30.
Coates and Skinnes may be sold or otherwise disposed of
presently ; It will turne to the great dammage of the Pro-
prietors wee haue there hkewise seene Deare Skinnes, which
are dry and well Conditioned for ought wee can perceiue by
them And so in aU humblenes wee take our leaues this 5th
of December 1629 :
Vpon a new Request presented by Generall de Caen for
sale of the said goodes. Is was this day ordered by the
Board that the Judge of the Admiraltie shall giue direction
for two fitt men to bee deputed on the parte of the
said Aduenturers and Generall-De-Caen on the parte of the
ffrench to take view of the said Beuer Skinnes and Coates, and
to lay aside such as are dry and out of daunger, and to aer
such of them as by aering of them wilbee sufficiently secured,
and to appoint a certaine day with aU possible speed for the
sale of the rest, and that they bee sold to him that shall ofier
most, in the presence of the foresaid Parsons, so deputed by
both parties, who may bee admitted to rayse the price by
offering more if they shall so thinke fitt, and paying redy Money
for the same. The Money proceeding of which Sale is to bee
deposited in the Admiraltie Court vntiU further Order. And
if the said Aduenturers shall refuse to depute two fitt men
on their partes as aforesaid, then the Judge of the Admiraltie
is to appoint two such Parsons on the behahe of the said
Aduenturers as hee shall thinke fitt. [p. 566. ^ 2.]
[236.] WhitehaU, 22 January: Present :— Lord Arch-
bishop of Yorke, Lord Treasurer, Lord President, Lord Previe
Scale, Earl of Suffolk, Earl of SaUisbury, Earl of Exeter, Earl
of Northampton, Earl of Carhle, Earl of Danby, Earl of KelUe,
Lord Viscount Dorchester, Lord Viscount ffalkland. Lord
Bishop of Winton, Lord Newbourgh, Lord Sauile, Master
of the wards, Mr. Secretary Coke.
Canada. Vppon a long heareing, and debate at the Board, touching
the buisines in difference betwixt the Enghsh Aduenturers
to Canada, and Monsieur de Caen a ffrench gentleman about
certaine Beauuer Skinns, ffurrs. Coats of Beauuor wooll and
1630] ACTS OP THE PRIVY COUNCIL (COLONIAL). 141
other Comodities, brought the Last Autumne, from that Coun-
trie, Each partie alledging that the goods abouementioned
did belong vnto them. The EngHsh claymeing them, by way
of Trade and barganing, And the ffrench affirming, that they
tooke them away by force and that some of the said goods
are perishable. It was ordered by their Lordships that what-
soeuer the Board shaU declare, and Sir Henry Martin knight
Judge of the high Court of Admiralty execute in this busines,
by their Lordships command, shall in no sort alter the pro-
pertie, possession or interest in the goods, or of the moneyes
proceeding of the sale of the perishable goods. And their
Lordships did further order, that the said EngHsh Aduenturers
to Canada shall on Munday next in the forenoone, bring or
send to Sir Henry Martin the key of their warehouse, where
the said goods doe now remaine that are perishable, which
now are also vnder the lock of Sir Henry Martin, who therevpon
is to cause the perishable goods to be apraised in due and
accustomed manner by honest and able men at the highest
and vttermost value, and afterwards to be sold openly, to those
that will giue most for the same, and the money receiued
for them to be deposited in the hands of the Lord Mayor
vntill it shalbe determined, to whome it doth iustly belong.
And lastly for the better and quieter sale of the said goods,
Their Lordshipps thought fitt and ordered, that none of the
said parties shalbe present at the sale of the said goods, but
both parties to appoint some sufficient parties for either side.
And for the residue of the said goods, which are drye and
well conditioned, and out of danger suddenly to decay, or be
impaired either in qualitie or value. Their Lordships thought
fitt they should remaine vnder such locks and custodie as they
are at this present. The said Aduenturers haueing engaged
their promise, that if it should happen, the rates of those
Comodities to faU in price, that then and in such case the said
Aduenturers shall and will make good, the rate whereat the
said goods may be now sold, which that it may the better
appeare Sir Henry Martin is to caU before him such furriers,
Skinners, Haberdashers and other Tradesmen as are Accus-
142 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630.
tomed to buy and worke the like Commodities and take their
approbation of the Value of the said goods at present, whereof
the said Sir Henry Martin is to keepe an exact note, that it
may appeare afterwards vppon all occasions, [pp. 595-596.]
[237.] Whitehall, 28 January :
Canada. It was this day ordered (his Majestie being present in
Counsell) that the said former order should be explained, and
enlarged thus farr vizt. : That aU the Goods shaU be viewed
in the presence of Monsieur de Caen, And the Aduenturers,
that an exact Inventorie shall be taken of all, and those that
are wett, or ill conditioned, to be ajrred, and those that are
perishable to be sould, and Monsieur de Caen, and the Enghsh
Aduenturers to be present at the sale, with libertie each
to bid, and raise the price to the highest value, notwithstanding
the former Order ; prouided that this permission doe not alter
the propertJe, possession, or interest of the goods in any sorte
whatsoever .... And that the visitt shall be made.
And Inuentarie taken on S^terday next being the 30th of this
present, and the sale of the perishable goods, on Munday
following, being the first of fifebruary, by ten of the Clock in
the morning, without any further delay. And all other direc-
tions in the said former Order to stand in force. [p. 607.]
[238.] WhitehaU, 31 January:
oh'ristopher. "^ Letter to ffrancis Bassett Esqr. ViceadmiraU of the Countie
of Cornewall. Wee have bin informed that one Captaine
Reynault did land at St. lues in Cornwall some EngUshmen
with his Shipp called the ffrancoise Hauere de Grace laden
with Tobacco, and yellow wood, and that he is arrested, and
his said Shipp in the names of Thomas Littleton, Anthoney
Hilton, Roger Glover, and others Marchants of London, upon
pretence that they came from St. Christophers, and were
present at the execution of Monsieur de Cuzac. fforasmuch as
the said Captaine Reynault alledgeth that his pass taken in
ffrance, was a moneth after the said Monsieur de Cuzac came
from St. Christophers, and that therefore the said pretence is
1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 143
false, wee haue thought good, hereby to require to informe
yourself carefully of the said information, and if you finde
it to be true and that there be no other iust cause, for the deten-
tion of the said Shipp, that then you take present order that
shee may be restored, together with the goods, and that the
Captaine and his Companie may be set at libertie, for which
this shall be your warrant. [617. ^ 2.]
[239.] Whitehall, 3 February :
The Board being this day made acquainted, that theire Canada.
former orders, and in particuler that of the 28th of January
Last, concerning the goods brought from Canada, had beene
eluded and disobayed, by the English Marchants, who pretend
to be Proprietors of the same, and finding vpon Examination
of some particulers complayned of, that the carriage of the said
Marchants hath beene indirect and Refractorie to the said
orders, did now againe vpon mature debate, and aduise had
therof ratifie theire said former order of the 28th of January
last, and doe lykewise further order, that Sir WiUiam Becher
Knight Clerke of the CounceU, in the Company of Sir William
RusseU, and the Marshall of the Admiraltie shall take an exact
viewe and Inuentorie of all the said goods, in the presence of
Monsieur du Can, and other the persons mentioned in the
said former orders : on which behaKe the said Marchants and
everie of them, are hereby expressly charged and required to
permitt and suffer the said Sir William Becher, Sir WiUiam
Russell, and such others as shalbe by them appoynted to assiste
therin, to enter into any the Storehouses, and places wher
any the said goods are ; And in case of theire Ref usall, the said
Sir William Becher, is hereby required and authorized, to
commaund any Constables, or other officers to assist him, in
the breaking open of the Locks or doores of the said ware-
houses. And concerning such other particulers incident to
this busines, wherin the said Marchants shalbe required, to
yeild conformitie by Sir Henry Marten Knight Judge of the
Admiraltie, and the said Sir William Becher, (vnto whom theire
Uordshipps haue committed the Care therof) they are hereby
144 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630.
ordered and enioyned to giue obedience thervnto. And it is
further ordered, that Capt. Kirke and all the Marchants Pre-
tendors to the said goods, doe attend the Board at Whytehall
on ffryday next at twoe of the Clocke in the after noone.
Lastly it is thought fitt that Sir John Wolstenholme, one of
the ff armors of the Customes, be lykewise hereby required
to be present at the said next sitting, and that he bring with
him a true note of the entrie of aU the said goods, and that Sir
William Becher, doe accordingly send him notice therof.
[pp. 635-6.]
[240.] Whitehall, 13 March :
St- A Letter directed to ffrancis Bassett, Esqr. vice Admirall
Christopher. n /-v t -r.
of Cornwall. [On 31 Jan. Bassett had been required to restore
La ffrancoise of Havre de Grace with its lading and to liberate
Captain Reynault and his men if he found their statements
to be correct. Bassett still detains the ship alleging that the
directions for its release are conditional upon his being satisfied
that the pretence on which they were arrested is false : mean-
while the Council has had no report of his proceedings or the
result of his investigations into the truth of the French claim.
Bassett is accordingly admonished to show greater respect
to the Council, and as that body is now satisfied with the
state of the cause, he is ordered to make restitution of
the vessel forthwith.] [p. 691 IT 4.]
[241.] Whitehall, 22 March :
Christo her ^ I-'etter directed to ffrancis Basset Esqr vice- Admirall
ns op ei. ^j ^j^g -^oTth of Cornwall. Whereas compla^Tit hath beene
made by some ffrenchmen who came from St. Christophers
into the Porte of St. lues, whereof you are Vice Admirall, that
their Ship and goodes by reason of an undue stay made by
you of them are perished, to their great preiudice and losse,
for which they presse to haue recompense, this hauing beene
done since the Peace estabUshed with firaunce: Wee doe
therefore hereby wiU and require you to make your speedie
repake hither, to make answere to the saide complaint.
Hereof you are in no wyse to faile. [p 709. ^f l.J
1630.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 145
[242.] WhitehaU, 24 March :
Whereas a Petition was presented to his Maiestie by the Canada.
Aduenturers of Canada in which they humbly remonstrate
that the Last yeare they left diuerse of his Maiesties louing
subiects in those partes, vpon discoueries, Plantations, and
other designes, who without reliefe are lyke to perish. And
they hauing now fitted shipping for those partes cannot be
permitted to transports Meale, and other prouisions for the
releefe of them without Licence. In regarde whereof they
doe humbly sue, that they may haue Licence to transports
thither twentie Tuns of Meale, with Pease, clothing, and other
necessaries fitting for twoe hundreth men. The Boarde being
informed, by the Lorde viscount Dorchester, of his Maiesties
gracious pleasure in that behalf e, doth hereby pray and require
the Lord high Treasurer to guie Order that they may trans-
porte the particulars before mentioned, they paying his Maiesties
Customes and duetyes, and giuing good securitio not to trans-
ports them to anie other parts, nor for anie other purpose.
[p 712. TI 1.]
[243.] Whitehall, 2 April:
[Concerning the business of Canada, the Merchant Adven- Canada,
turers thither and Monsieur de Caen shall meet before the
Lord Mayor on Monday next in the forenoon. The beaver-
skins, which are previously to be weighed by the Judge of
the Admiralty in presence of the Lord Mayor's appointee, shall
be adjudged to the French if they offer more, but to the EngHsh
if they offer more, or as much. The price is to be paid at once
into the hands of the Lord Mayor, and there to remain until
it be determined to whom the same shall be paid.]
[p. 737. H 2.]
[C.S.P. I. p. 112.]
[244.] Whitehall, 9 April :
Whereas it appeares by Certificate from the Lord Mayor that Canada,
it is agreed, aswell by the Aduenturers of Canada, as by the
Generall de Caen, that all the Beauor Skinnes, in Deposito, in
10
146 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630.
the warehouses in Bishopsgate Streets, and in Canning Streete,
shall bee sold to the said Generall de Caen for twentie fiue
shillinges sterling the pound ready Money, to be deposited
in the hand of the said Lord Major according to an order of
the Board of the second of this Moneth. It was this day ordered
that Solomon Smith Marshall of the Admiraltie, in whose
Custodie the said goodes are, shall cause the said Skinnep to
bee counted in the presence of Abraham Taylor, and some of
the Aduenturers and the said Generall de Caen if he shall so
desire ; by WilUam Smith, Thomas Barnes, and Samuell Pierce,
or any two of them, being men expert in ffurres, and formerly
employed therein by direction of the Boord ; and then weighed
in the presence of the said Abraham Taylor and some of the
Aduenturers and the said de Caen, which being rtonne, the said
Marshall of the Admiraltie shall then resigne the Custodie of
the said Beauers into the handes of the said Abraham Taylor
for the Lord Major who is to deliuer the said Beauers to the
said Generall de Caen, or his Assignes vpon the receipt of the
Money, whereunto they amount, after the rate of twentie
fiue shillings the pound, whereof the said Solomon Smith
Marshall of the Admiraltie is not to faile, and for his discharge
in that behalfe this order shall bee his sufficient warraunt.
[p. 744.]
[24,5.] Whitehall, 21 April:
St. [Concerning the complaint made against Mr. Francis Bassett
Christopher, ^y certain Frenchmen, their Lordships, after hearing the report
of the Lord Privy Seal, the Lord Viscount Dorchester, and
Mr. Secretary Coke,] were pleased this day to call Mr. Bassett
before the Table, and did there declare unto him that they had
found his Carriage towards the ffrench to have beene both
discreete and courteous, [and that he should not upon any
occasion want the good opinion and favour of the Board.
Reparation is if possible to be obtained from the French].
[p. 766. If 1.]
[246.] Whitehall, 18 May : Signed [by] Lord Keeper, Lord
President, Lord Chamberlaine, Earl of Suffolk, Earl of Kelhe,
1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 147
Lord Viscount Dorchester, Lord Viscount Wentworth, Lord
Viscount Falkland, Mr. Treasurer, Mr. Secretary Coke.
A letter to the lord Mayor and Sheriffs of London.
Whereas you haue formerly receiued Order from this Boord
to summon the Marchants trading for Canada, to deliuer the
keyes of the warehouses, where the Beauer Skins remaine, vnto
your lordship (vpon the depositing of a certaine summe of
money) which as wee are informed the said Marchants refuse
to doe ; Wee do therefore pray, and require your lordship &c
to giue the said marchants another summons to deliuer the
said keyes, that so the said Skinnes may be deliuered vnto
Generall de Cane, vpon the depositing of so much money as was
agreed vpon, by our said former direction which if they refuse
now againe to doe, vpon this second signification, then wee
require and hereby authorise your lordship <fec to breake open the
doore of the said warehouses, and to see the Beauer skines
deUuered vnto the said Generall de Cane, or his Assignes vpon
the depositing of the said summe of money as aforesaid, for
which this shalbe to your lordship &c sufficient warrant.
[p. 802. last ^.]
[C.S.P. I. p. 115.]
[247.] Whitehall, 28 May :
A Warrant of the tenor foUowing directed to Robert Canada.
Maxwell one of his Majesties Sarieants at Armes. [The mer-
chants trading for Canada having been given a second sum-
mons, and still refusing, the instructions given on 18 May
to the Lord Mayor and Sheriffs are to be at once carried
out.] tP 828. II 2.]
CHARLES I. VOLUME VI. (1 June 1630-31 May 1631.)
[248.] Whitehall, 2 June :
This day Tho. ffitz Marchant, being convented before the Canada.
Board, for a notorious misdemeanor in ImbezeUmg and con-
148 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630.
veying away certaine Beuer Skins out of a warehouse wherin
they were deposited by way of Sequestration vnder Lock
hung on by order of the Courte of Admiraltie, was after-
Examination taken of his Carriage therin committed to the
Prison of the ffleete. And it was further ordered that the
Examinations taken before the Board, should be transmitted
to Mr. Atturney Generall, who after pervsall of them, is
hereby prayed and required, to take strict Examination of
this busines, aswell to discouer who were Actors or Abettors
any way in conveying away the said goods, as to whose hands
any parte of the same, either in Specie, or any parte of the
moneys, ariseing vpon the sale of them are come and how
the same hath beene ymployed, or disposed of and by whose
direction, with all such other Circumstances as he shall find
requisite touching the same. And that the Messenger who
hath the said ffitz. in Custodio doe forthwith carry him before
Mr. Atturney to the end he may take order for the present
produceing of the said ffitz his Books of Account without
which he refuseth (as appeareth in his Examination before
the Board) to declare what parte of the money aryseing vpon
the Sale of the said goods he had alreadie receiued.
[p. 10. If 1.]
[C.S.P. I. p. 117.]
[249.] Whitehall, 9 June :
Canada. An open Warrant directed to Sir William Becher Knight
Clerke of the Councell, and to Robert Maxwell Esqr. one of
his majesties Seriants at Armes. fEorasmuch as the Board, was
this day made acquainted, by Mr. Atturney Generall, that the
said ffitz : doth absolutely refuse to produce his said Books of
Account, notwithstanding the said order. Theise shalbe therfore,
to will and require you, that takeing along with you,
the said Thomas ffitz : in the Company of the Warden
of the ffleete or his deputy, you make your ymediate Repairs,
vnto the dwelling house of the said ifitz : and there require
him, to make search for, and deliuer vnto you the said Books
9f Account ; which if he i^hall refuse to doe. That then by
1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 149
virtue of this our warrant, you breake open the doores of the
house or Studdie of the said ffitz : where the said Books are
remajTieing, and the same to take and bring with you vnto
Mr. Atturney Generall. ffor which this shalbe your sufficient
warrant. [p. 16. ^f 2.]
[250.] Whitehall, June 16.
An open Warrant directed to Gabriell Marsh, Marshall of the Virginia.
Admiraltie. Whereas we are informed that there is a shipp which
came lately from Virginea laden with tobacco, belonging
to one Mr. SamueU Vassall, and hath beene anchored
three or fower dayes in Tilbury hope, with purpose to
defraude his Majestie of his Customes and other Duties. These
are therefore to authorize and require you forthwith to repaire
her, and to bring her to the Custome house key, as soone as
she arrives there you are leaveing some honest man aboard
her to see that nothing be landed or imbezelled.
[p. 27. H 1.]
[25] .] Whitehall, 1 6 June :
[In view of] the greate contempt and affront of all authoritie Canada,
and justice showed by the said ffitz, . it was thought
fitt and ordered, that his Majesties Atturney Generall, doe
proceed in Starr Chamber against the said ffittz : with all
expedition, and that he lykewise hasten the Commission,
agreed on and directed for the examination and discoverie
of the rest of the Actors or Abettors in the said Misdemeanour,
and that hereof he give their Lordships an account at their
next sitting on Fryday in the afternoone ; [in the meantime
Fitz is to be kept a close prisoner in the Fleet], [p. 28. ^ 2.]
[C.S.P. L p. 117.]
[252.] Whitehall, 30 June :
Wheras a Petition was this day presented to the Board by Virginia,
ffrancis Weste Esqr. late Gouemor of Virginea. Shewing that
Sir George Yardley Knight did aboute three yeares since by
his Last will in writing, with a Schedule thervnto annexed,
bequeath vnto Dame Temperance his then wife (whom he
made his sole Executrix) all his Lynen, household stuffe, and
other things then in his house in St. James Citty, and lykewise
150 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630.
ordayned, that all his other Estate in Virginea, should be by
her sould, and disposed of for Tobacco, to be conveyed into
England, and that a. third parte of the pjoceede therof should
be for the vse and benefitt of his said wife and the other twee
parts, for his three Children. That the said Sir George soone
after the makeing of the said wiU deceased, and the Petitioner
marrying his Widowe, did dureing her life wholy referr vnto
her, the ordering of all the said Sir Georges Estate who
according to the intent of the said will converted such parte
therof as aforesaid into Tobacco, and sent the same for Eng-
land, which comeing into the hands of Raphe Yardley Citizen
and Apothecarie of London, and brother to the said Sir George,
and he being by this meanes possessed therof, and vnder-
standing that the Petitioners said wife, was since deceased in
Virginea, vnder pretence of affection to the said Children pro-
cured to himself e, aswell the Administration of the said Sir
Georges Estate, as alsoe the Administration of the goods and
Chattells of the Petitioners said wife, and being thus possessed
of the Estate aforesaid, doth refuse to accounte with the
Petitioner for the same, or to come to any reasonable or freindly
mediation or agreement with him, and therefore the Petitioner
humbly sought to be releiued herein by order from the Board.
Theire llordshipps vpon Consideration had therof, conceiueing
the Petitioners Case (if it be such as is informed) to be Con-
siderable, and to deserue all iust favour and Releefe. And
considering the difference betweene them, rests cheefely vpon
matter of Accounte doe thinke fitt and order, that the further
Examination therof be referred, to Sir Paule Pinder and Sir John
Wolstenholme Knights — Perry and — Dauis Marchants persons
experienced in busines of this nature, requireing them, or any
three of them after due Information had therof, to mediate
and settle such an end betweene them (if they can) as shalbe
indifferent and equitable, or otherwise to make Certifficate
in writinge to the Board, of the true State of the Cause, and
in whom the default is togeither with theire opinions con-
cerning the same, whervpon theire llordshipps will giue such
further order as they shaU find Cause. [pp. 53-54.]
1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 151
[253.] WhitehaU, 2 July : Present :— Lorde Keeper, Lord
Treasurer, Erie of Bridgwater, Lord viscount Dorchester, Mr.
Treasurer, Mr. Secretarie.
Whereas a petition was this day presented to the Boarde The
by Captaine Luke ffox, wherein he doth humblie remonstrate, Kg^^'*
that his Majestic was gratiously pleased to lende the Pinnace
called the Charles with the Ordinance, Munition, and four-
niture necessarie, vnto the Adventurers for the North-west
passage, to be set foorth this spring for the discoverie thereof,
but by reason the tyme of the yeare was so farr spent, before
the provisions could be made ready, the Adventurers out of
their speciall care to take a seasonable and fit tyme, that they
may giue his Majesty a good account of their diligence therein,
are resolved to def erre the voyage vntiU the next yeare ; havmg
before the deferring thereof, bene at the charge of thirty fiue
pounds, for bringing the said Pinace from Chatham with
docking, graving, and preparing her for the voyage intended.
In regarde whereof he doth humbhe sue, that if their lordships
shall not thinke fit to appoint the said Pinnace for his Majesties
seruice, they wilbe pleased to grant permission to him, and
the aforesaid Adventurers, to employ the said Pinnace along
the Coast or otherwise, vntill the season shalbe fit for the
aforesaid intended voyage, the rather for that it is reported,
that she is slowe of saile, and being a cast Ship, and appointed
to be solde, may want many repaires, and other Carpenters
worke, not yet knowne vnto them, to make her seruiceable,
for a voyage of discovery, which wilbe founde by her employ-
ments, the Ship much bettered, and the charge past, and to
come defrayed : Their lordships having taken this his humble
suite into consideration, doe pray, require, and autorise the
Lords and others Commissioners for the Admiralty, to cause
the same his Majesties said Pinnace, with her Tackle, Ordi-
nance, and fourniture, to be lent to the petioner, and the afore-
said Adventurers, to be set foorth and employed, either as
a mere Man of Warr, or in Marchandising with letters of
Marque, vntill the season shalbe fit, for the vndertaking of
152 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630.
the voyage, for which his Majestie was gratiously pleased to
lende the same vnto them. [p- 6].]
[C.S.P. Domestic. 1629-31. p. 300.]
[254.] Whitehall, 9 July :
Canada. Their lordships hauing heard the Reporte of Mr. Attorney
Generall vpon the examination which he hath taken of
Thomas ffitz Marchant by direction from the Boarde, doe
thinke fit and Order that the said ffitz may haue permission
to goe abrode with a Keeper to performe that which he did
offer to Mr. Attorney at the tyme of his examination, and
particularly to deposite into the Lorde Mayors hands the
Severs which he had taken from the place where they were
formerly deposited, by order of the Boarde. And when he
shall haue thus yeilded obedience to the Orders of the Boarde.
Their Lordships will take farther consideration of him.
[p. 69. H 1.]
[C.S.P. I. p. 118.]
[255.] Whitehall, 14 July :
Vpon the humble Petition of Thomas ffitz Marchant now
Prisoner in the ffleet, which was this day reade at the Boarde
wherein he doth remonstrate, that he hath to his greate losse
recovered back all the Beauer skins, which were in his ware-
house, and that the same skins are now there againe at their
Lordships commande, and doth therevpon humbly sue that
he may be releassed from his imprisonment, whereby he doth
greatly suffer, both in his credit and Estate. It is Ordered
that his Majesties Attorney generall shaU examine the truth
thereof, and if he shall finde that it is so as the Petitioner
informeth, and vpon good securitie that they shall not be
removed from thence, nor any way disposed of without
direction from the Boarde he is then required and hereby
autorised to take order that the Petitioner may be discharged
from his imprisonment, and haue his libertie.
[p. 78. last If.]
[C.S.P. I. p. 118.]
1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 153
[256.] Saint James, 27 July :
An open Warrant with generaU directions to Captaine Mathew Virginia.
Smalwood, Captaine of the Ship called the Tryall of London
set forth by Captaine Preene, And is to carry- such Artists,
Munition, and provisions, to the Colony in Virgina, as are
requisite for the Planters there ; And lykewise to transport
thither such passengers, and Mariners, as are to goe in the
said Ship, without molestation, or imprest. [p. 88. ^ 1.]
[257.] WhitehaU, 15 September :
Whereas Captaine John Preene by an humble Petition Virginia,
this day exhibited to the Board, did shew that he haueing
sould vnto Captaine William Smyth a Shipp called the Tryall
of London for 400Z. to pay 133Z. 65. 8d. in hand, and to
procure one Mr. John Smyth to Joyne with himselfe as his
surety for the rest being 266/. 135. 4d. to be paid at the end
of 12 Moneths following, wherevpon the Petitioner receiued
in parbe of the first payment 100?. but the said Smyth hath
neither paid the 331. 6s. Sd. nor can he procure his pro-
pounded securitie, to stand bound with him. Wherevpon
the said Petitioner finding his Shipp at "Drift and damnified
to the value of 100/., besides parte of his stores embesiled
to the value of 80/. or thereabouts (as is alleaged by the
Petitioner, and hopeless of any farther satisfaction from the
said Smyth) rigged and prepared her for a voyage to Verginia,
by vertue of a warrant from the Board, beareing date the 27th of
July last, Neuertheles the said Smyth hath arrested the said
Shipp as his o wne, merely to hinder, and ouerthrow the Voyage,
and to preiudice the Plantation, by staying the Artificers, and
promsions alredy prepared, and furnished for that service,
In consideration whereof, and that the said Captaine Preene,
maketh offer to giue good Bayle to Sir Henry Martin, or his
Surrogate, to answer the suite at Law, wee doe therefore
hereby wiU and require the said Sir Henry Martin or his
Surrogate presently vpon sight hereof to giue effectuall order
to 4 of the Masters of the Trinity house to vieu and apprize
the said shipp ; And vpon retoume of the Apprizment vnto
them or either of them, to take sufficient bayle of the said
154 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630.
Captaine Preene as aforesaid, and that being done likewise
to giue direction to the Officers of the Admiralty, and all
others whome it may concerne to suffer the said Shipp togeither
with her furniture passingers, and lading to proceed on her
intended voyage. [p. 104. last ^.]
[C.S.P. I. p. 120.]
[258.] Hampton Court, 29 September : Present : — Lord
Keeper, Lord Treasurer, Lord President, Lord Privie Seale,
Earl Marshall, Lord Chamberlaine, Earl of SaUsbury, Earl of
Carlile, Earl of Holland, Earl of Monteith, Lord Viscount
Dorchester, Lord Viscount Wimbledon, Lord Viscount fifalk-
land, Mr. Vice Chamberlaine, Mr. Treasurer, Mr. Secretary
Coke, Sir William Alexander.
Massa- Whereas a Petition was this day presented to the Board.
Bay. '^^ th® behalf e of the Gouernor, and Companie of the Matta-
cheusetts Bay in now England, in America, whereby they desired
(amongst other things) leaue to transport certaine Corne, and
other necessarie prouisions for the releife of the Plantation
theire, which the Board thought fitt to graunt vnto them,
as also for the preuentmg of disorderly Trade, of ffishermen,
and other interlopers, that a Proclamation sett out by King
James of blessed memorie beareing date the 6th of Nouember
in the 20th yeare of his Raigne should be renewed with some
other needfull and benificiall additions which may tend to
the safety and prosperitie of the said Plantation. The Board
being allwayes ready to giue their best assistance to works
of this kinde, which ayme at the propagation of the Christian
Religion, the honor of his Majestic, and increase of Trade,
thought fitt and ordered that his Majesties Attumey generall,
shall be prayed and required to call vnto him the Gouernor,
or such assistants rf the said Companie, as are here in
England, and vpon conference with them to insert them into
a draught of a Proclamation, and prepare a bill fitt for his
Majesties Royall signature accordingly.* [p. 118. ^f 2.]
• This permission was given to Massachusetts though there was so great
a tamme m England that all export of grain and beer had been prohibited.
10 prevent the undue use of wheat, restrictions had been put ou the
makmg of beer, starch &c;
1630.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 155
[259.] Hampton Court, 29 September : Present : As before.
Captaine William Smyth haueing this day shewed to the virgii
Board, by his humble Petition, that he had bought a Shipp
called the Tryall of Captaine John Preen, and had formerly
the possession of the said shipp, hauemg paid lOOZ. in parte
of payment, and bestowed to the value of 400Z. in rigging and
prepareing her for a voyage. And that notwithstanding the
said Shipp was to be appraised, and possession thereof to be
dehuered to the said Preen (he giueing in bayle to Sir Henry
Martin) by vertue of a Warrant from this Board of the 15th
of this Instant as in the said Petition more at large is
expressed ; On the other side the said Captaine Preen
complained of great preiudice that he had receiued, by the
not payment of the full somme according to the bargaine
betweene him and Captaine Smyth, fforasmuch as this
buisines dependeth in the Admiralty Court, and diuers Wit-
nesses haue bin examined there, insomuch as the said
Captaine Smyth sett forth in his Petition, that he had desired
publication, and is willing within three dayes to proceed
to sentence, if the said Captaine Preen be so content. Their
Lordshipps haueing considered of the allegation on both
sides, and finding that the finall decision, and ending thereof,
is most proper to the Admiralty Court, [do refer it
thereto.] [p. 118. H 3.]
[260.] Ibid.
Whereas a Motion was made to the Board, m the name of
the ffrench Ambassador residing here. That the goods brought
home in the Shipps lately retourned from Canada, might be
sequestred, supposeing that some of the said goods might
be taken from the ffrench. The Board haueing this day called
the Aduenturers trading to Canada before them, and strictly
examined them whether they had brought home any goods
or Marchandiije taken from the ffrench, who did constantly
aiiirme, and protest, that they had brought home this Voyage
no goods but onely such as they had bought and bartered
for with their owne proper goods by way of Trade, and further
156 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630.
that they had neither seene, nor had any difference, with any
of the ffrench Kings Subjects, either at Canada, or in the Voyage
outward, or homewards bound. Their Lordshipps finding
no cause to graunt the sequestration desired, dismissed the
said Aduenturers with permission to dispose of their said
goods, and Marchandize, to theire owne best benifitt and
advantage. Prouided neuertheless that the said Aduenturers
doe make a perfect Inuentorie, containing the quantities, and
qualities of their said goods, and deliuer it to Sir Henry
Martin knight Judge of the Court of Admiralty, to remayne
with liim vpon all occasions. [p. 121. last ^.]
[26].] , 20 September:
Virginia. A Letter to the Gouernor and Counsell of Virginia.
Complaint hath bin made both to his Majestie, and this
Board against you in a petition presented by the brother of
Doctor Pott, a man that hath bin employed as you are, and
for ought wee yett know to the contrary, hath demeaned
himselfe weU, and wee haue heard two Certificate read
at the Board, the one from Captaine Richard Stephens of the
Councell there, and the other from Captaine Thomas
Willowby, which seeme to importe some hard measure against
him. But wee are not apt to giue creditt to any Complaints
of this kinde, against a man that is intrusted by his Majestie
m a place of gouemment as you are. And therefore wee
haue sent you the said Petition that was exhibited to his
Majestie, the other that was presented to the Board being
to the same effect, to th'end that you may take it into con-
sideration, and therevpon proceed according to Justice, and
the orders Estabhshed in that Gouemment which wee pray
and require you to doe with conuenient expedition, that so
there may be no further iust cause of complaint, withall
assuring you, that ill grounded Clamors shall haue no coun-
tenance from hence, but in the meane while we further pray
you to call the said Doctor Pott before you, and aU the rest
of the Councell there, and to giue him a fuU hearing in such
1630.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 157
matters as he may stand charged withall, or can alleage for
his iustification. [p. i25. Ust %]
, „ [C.S.P. L f. 121.1
[262.] , 30 September : y- f i
A Letter to the Gouernor and Councell of Virginia. Virginia.
Whereas Thomas Grendon hath by his petition humbly
represented vnto vs, that he haueing disboursed to the value
of 1400?. in diuers partes of Virginia, for the furtherance,
and benifit of the Plantation there, and finding the people
there planted, haue applied themselues onely to the planting
of Tobacco, which is the decay of that Plantation, to which
wee gme no incouragment or Licence. And that the said
Grindon hath lately at his farther charge sent into those
partes diuers ingenious Artificers for the makeing of Artificiall
Mills vsefull for sundrie Comodities, And Sawes, for the sawing
of Timber for diuers purposes ; as also other people skillfull
in makeing Rape Oyles, and Sope Ashes, all which are things
vsefull, and necessarie for this Kingdome ; his intention being
to bend all his indevors for the imployment of his Majesties
Subjects, and the good of the Common Weale. Wee haueing
taken the said Grendons petition, and relation into due con-
sideration, and conceiueing therevpon that his good indeauors
aboue mentioned deserue countenance and incouragement
doe earnestly recommend him, and his said vndertakeings
vnto you. [p. 128. last ^.]
[263.] Whitehall, 29 October :
Whereas the Board was this day made acquainted by Sir Virginia.
John ffinch Knight that the now Gouernor of Virginia had
ellected and established Henry ffinch brother to the said Sir
John Councellor and Secretary there ; Whereof theire Lord-
ships (taking good knowledge of the quallitie and sufficiencie
of the Gentleman) did well approve : fforasmuch as the said
Sir John ffinch did now humbly move theire Lordships, that
considering ordinarily the Secretary there, was remou cable
vpon the death or change of euerie Gouernor, that therefore
they would be pleased in favour of him and his said Brother,
158 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1630.
soe to establish him in the said place, as to continue the same
during the pleasure of his Majesty or this Board, and not to
be remoueable otherwise. [The Attorney General is] re-
quired to drawe vp a Bill ready for his Majesties signature
contayning a Graunt of the said Secretaries place of Vir-
ginia to the said Henry ffinch during his Majesties pleasure.
[p. 143. last 11.]
[264.] Whitehall, 31 October:
Virginia. A letter to the Governor of Virginia. By your letter of
the 29th of May last, wee haue receaued an Account
of your proceedings since your coming thether as well in
pursueance of the Instructions given you, both from his Majesty
and this Board, as also of such other particulars mentioned in
your said letter, as tende to the rectifieing of abuses and the
advancement of that Plantation. In all which wee finde cause
well to approve of your Judgment and Industry, and par-
ticularly of the course by you taken, against Dr. John Potts
whose lewde and Insolent practizes and behaviour (if they be
such as are informed) have well deserued a more severe and
exemplary punishment then that wherewith you haue
acquainted vs ; And doe therefore thinke fitt that you
further proceed against him according to his demerittes.
And in Case you shall finde him for the future to perseuer in
the lyke enormeous courses and demeanor soe much to the
disturbance of that Plantation and the orderly gouernment
thereof, that then you cause him to be sent ouer hether in safe
custody, to be proceeded with heere as shalbe thought fitt.
Soe assuring ourselues that you will goe on as you have well
begunne, in discharge of the great Trust comited to you by
his Majesty for the good and improavement of that Plantation,
and assuring you likewise that wee will not be wanting to
represent to his Majesty your seruices and good endeauors
to your best aduantage, vpon all occassions.
Postscript.— In Case any letter of this Board of a former
date, on the behalfe of the said Dr. Potts, come to your
hands, the same being procured (if any such be) surreptitiously
1630-1.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 159
and by misinformation, you are notwithstanding the same
to proceede against him according to the direction of these
our letters. ^p 144 ^ 3.]
[265.] Whitehall, 10 January: signed :— Lord Keeper,
Lord Previe Seale, Earl Marshall, Earl of Sahsbury, Earl of
Holland, Mr. Treasurer, Mr. Secretary Coke.
A Letter to the Lord Vere. His Majestie hath lately Weat indie,
by Patent giuen leaue to our very good Lord the Earle
of Warwick, and others to settle a Plantation in
certaine Island in the Coast of America, to which
places there are already transported men and pro-
uisions. And it is his Majesties pleasure (vpon the
humble suite of the said Earle) that he shall Shipp
and Carrie thether twenty peeces of Ordnance, with their
Carriages, and appurtenances, and one last of Powder, for
the defence, and safety of those Islands, and their Trade,
fEor the doing whereof we pray your Lordship to giue
Warrant and direction accordingly, the Earle of Warwick or
his Assignes paying for the same, for which this shall be to
your Lordship Sufficient Warrant. [p. £83. 1| 1.]
[266.] Whitehall, 4 February :
Wheras the Board was this day made acquainted aswell Weat indies
by the humble petition of the Planters and Aduenturers to
the Caribbee Islands, as by the Earl of CarlUe present in
Councell of the greate distresse wherin the said Planters and
theire servants, were at this present by reason of the greate
want of bread, and other victualls there. fEor whose releefe
there being as is lykewise informed six Shipps now bound thither
in each of which there is to be transported twentie Hogsheda
of Meale, with other provisions of victuall, all or the most
parte akeadie put aboard. It was therfore moued that Lycence
mought be giuen for transportation therof, notwithstanding
the stay therof made by the Customers. Theire llordshipps
well allowing therof did thinke fitt and order, that the same
160 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631.
be recom ended to the Lord Treasurer, to giue order to the
officers of the Customes therein accordingly.
[p. 337. last ^.]
[267.] Whitehall, 2 March :
Canada. Whereas the Adventurers for Canada made humble Sute
to the Boarde for permission to buy one hundreth quarters
of Pease here m London and to embarque the same in the
Ships which they now are sending for Canada aforesaid :
And whereas also they made lyke Sate for permission to
ship and embarque for the same purpose one hundreth hogs-
heads of Meale, which they haue prouided at Plymouth Their
lordships thinking fit to graunt both these their Suits, doe
therefore pray and require the Lorde Treasurer to take notice
thereof, and to giue permission accordingly, the Petitioners
gluing good securitie that the same shall onely be employed
for the vse of the Company now resyding in Canada, and of
those that are now to goe in the Ships which the saide
Adventurers are sending thither. [p. 377. ^f 1.]
[268.] Whitehall, 6 March :
New Whereas Captaine Henry Keyes hath made humble sute
England. i . -r. n p • •
to this Boarde tor permission to transporte thirtie quarters
of Meale, and twenty quarters of Pease, from the Porte of
Portsmouth to Pascatoway in New-England, for the rehefe of his
Majesties Subjects the planters there, who through want of
such supply are not able to proceede to a farther discovery
of those partes, fforasmuch as it is meet that a seruice of
that Nature should haue all convenient furtherance and
encouragement, [the Lord Treasurer is directed to give
order accordingly]. [p, 382. last %]
[269.] Whitehall, 12 March:
Tobacco. A Letter to Sir James Bag Vice Admirall of the County of
Deuon. We are giuen to vnderstande that a Ship laden by
Mr. John Deloudp [Delond] with Tobacco from Virginia and
St. Christophers, ^s lately arrived at Ilforde Combe, which
1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 161
by his Majesties Proclamation lately published ought to be
brought about to the Porte of London. These are therefore
to pray require you to take present Order, that the
saide Ship with her lading of Tobacco, may be accordingly
brought to the saide Porte of London at the charge of the
Marchant, or if he shall refuse to doe it in such maner as is
fit, but most convenient for himselfe in diuerse respects, then
you are to receiue the saide Ship and goods by inventorie with
the Marchant into your charge, or if you finde difficultie therein,
you are to make vp the hatches, and bring the Master and
Purser about with you, in the Ship, and to man and victuall
the Ship, and sende it to the saide Porte of London with all
convenient speede. [p- 393. 1| 2.]
[270.] Whitehall, 12 April :
A Letter to Sir James Bagge vice AdmiraU of Deuon. Tobacco.
Whereas we are informed that one Capt. Peeter Andrewes is
lately come from Virginia in a Shipp laden with Tobacco
now putt into the Porte of Plymouth and intends to conuey
the same from thence into the Lowe Countryes contrary to
his Majesties Proclamation on that behalfe. These shall be
therefore to authorise and require you to cause the said Capt.
Andrewes to giue good Security to the full valew of the said
Tobacco and for the brmging of the same to his Majesties
Custome house at the Porte of London or otherwise vpon his
refusall so to doe that you detaine the said Captaine with the
Shippe and Goodes therein vntill further order for which this
shall bee your warratint. [P- 446. ^ 5.]
A like Letter to Captaine Mince, Captaine of one of his
Majesties Shipps riding in the Downes. [p. 447. Ij 1.]
Another Letter to the Lord Treasurer to giue like directions
to his Deputy or Officers in the Isle of Wight if the said
Captaine Andrewes come vpon those Coasts. [p. 447. H 2.]
[271.] Ibid.
Another Letter to Sir James Bagg Knight. Wheras by our Tobacco.
Letter of the 22th of March we gaue you order to send from
11
162 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631.
Elford Combe, or Bamestable to London, all such Tobacco
as was brought into that Porte from Virginea. But forasmuch
as we are informed that the Shipp which brought thither the
said Tobacco is leake and insufficient, and that the owners
of the Tobacco, conceaues it wilbe more comodiously trans-
ported from Barnstable to Bristoll, and from thence to
London, by Land, and yet neuerthelesse will not vndertake
the doeing therof himselfe, which if he or they shall againe
refuse as alsoe to giue Bond for the due performance therof.
Theise are to authorize you or your Deputy to take the said
Tobacco by weight into your Custodie, and to require the
owners therof, and the officers of the Custome house to be at
the weighinge therof, and the same to send from Bamestable
to London by Sea, or from thence to Bristoll by Water, and
thence to London by Land, takemg Care that none be
imbezelled but that all be deMuered into his majesties Store-
houses at his Custome house in London. And for your better
doeing hereof. Theise are to authorize and require you, to
take vpp and presse, a fitt Barke or Shipp, and a convenient
nomber of Seamen and Mariners, for which this shall be your
Warrant, &c. [p. 447. v 3 j
[272.] Whitehall, 14 April :
A letter to Captain Mennas, Captain of one of his Majestys
ships riding in the Downs, [repeating the letter of 12 April
with the addition] :— These are further to will and require
you to make stay of the Shipp called the Christopher and Mary,
and of another called the Love, or of any other Shipp or Shippes
that shall come from Virginia, with Tobacco into those
parts where you are ; for which this shall bee your warrannt.
ip. 451. H 2.]
[273.] WhitehaU, 31 May:
West Indies. Whereas our verie good Lord, the Earle of Carhle hath
appomted a Shipp of 150 Tonns called the Robert Bona-
venture of Plymouth to be sent with fiftie men, as Planters
to the Island called St. Christophers, or anie other of the Caribe
Tobacco.
1631.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 163
Islands, within his Lordshipps Plantations. Theise are there-
fore to will and Comand you and eiiery of you, whome it may
concerne to permit and suffer Robert Trelawny Robert Gande
[? Gaude] or anie other aduenturers in the said Shipp, to lade
and transport a sufficient proportion of Victualls, Beare, and
other provisions necessarie, to serue for 50 : men (besides the
Shipps Companie, for a whole yeare, for which this shall be
your warrant. [p. 551. ^| 1.]
CHARLES I. VOLUME VII. (1 June 1631-30 Ap. 1632.)
[274.] WhitehaU, 30 June:
A Letter to the Gouemor and Councell of Virginea. Virginia.
Whereas by former Letters from this Board, of the last of
Aprill 1630 : We recomended vnto your especiaU Care, the
busines of Mr. John Woodhall, an Aduenturer and Planter
in that Collony, concerning the restoreing him to his right
in an Estate of land and Cattell which he had heretofore
purchased of the heires of Sir Samuell ArgoU Knight,
fforasmuch as the said Mr. Woodhall hath now againe com-
playned vnto vs, that notwithstanding our said Letters, his
cause is still delayed there, and he as yet frustrate of any
Releefe therin through the opposition and practize of some
of you of the CounceU who being the cheefe detaynors of his
said land and Cattell from him, are both parties and Judges
in the Cause. As we cannot but marvell at such your neglect
of the Comaunds, and Recomendations from this Board and
haue iust cause not onely to blame you for the same but for
your partiaU and delatory proceedings (if they be such as is
informed) in the administration of Justice. And being ever
carefull not to suffer the same to be interrupted or preiudiced,
out of priuate Respect or Interest of any particular persons
whatsoeuer. Soe we doe hereby againe expressly will and
require you, to afford the Petitioner expedite Justice, with
aU lawfull favour, that he may enioy the benefitt intended
164 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631.
him by our said former Letters, and haue noe further cause
to complaine or trouble this Board concerning the same.
[p. 71. last %]
[275.] WhitehaU, 15 July:
Virginia. Vpon a Petition of the Planters of Virginia being at this
present in Englande, wherein they humbly sue for the reasons
conteined in the saide Petition, that they may haue Bils of
store without Custome and Impost, for the Tobacco which they
haue now in England amounting to one hundreth thowsande
weighte or thereabout, hauing bene brought in severaU ships ;
It was Ordered that they shoulde attende the Lorde high
Treasurer, and the Lorde Cottington Chancellor of the
Exchecquer, who were prayed to treate with them vpon such
Propositions to be by them made as might be thought reason-
able and indifferent for the sethng of that busines ; Where-
upon the saide Lord high Treasurer hauing called before him
the aforesaid Planters and the ffarmors of the Customes did
Order that a thirde parte of the quantity of Tobacco before
mentioned, should be deHuered to the Owners by Bills of
Store, and that for the rest, vizt the other twoe thirde partes,
they shall pay foure pence a pownde custome and impost
to the King, and that onely those shalbe comprehended in
this Order whose names are set downe in the annexed Schedule ;
Which Order was this day approved and ratified by the
Boarde.
A Note of such parcells of Tobacco as the Planters
of Virginia now in Englande haue come home this yeare
in severall shipps.
In the Ship the Christopher and Marie,
markt I. S. Inprimis Joseph Stratton 32 Hogsheads, 4
Butts, 1 chest,
1 Barrel!,
markt E. R. Itm Edward Johnson . . 2 hogs,
markt H: L. Itm Thomas Atwell . . .. 10 hogs,
markt G. B. Itm Anne Burcher . . . . 4 hogs,
markt J : B : Itm Joseph Brewer . . . . 82 hogs.
1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 165
markt M.
J:
markt R :
F
markt R H
markt S '
3
markt P :
C:
markt R
: S:
markt S :
C:
markt A
: R:
markt G
: B:
Itm margaret Jones
Itm Robert ffit
Itm Randel Holte .
Itm Simon Sturgis .
6 hogs.
12 hogs.
6 hogs, 1 Barrel.
14 hogs.
markt A : W :
markt F F &c
markt E : F.
markt P : C
markt C F
In the ship called the Vnicorne.
Itm PercivaU Champion 9 hogsheads,
Itm Robt. Sabin
Itm Silvester Colton
Itm Dorothy Keinston . .
Itm Anne Burcher . .
Itm Robt. Scotsmore
Itm Mrs. Pott
Itm Mr. Grindon
Itm John Brewer
In the Ship called the Loue
Itm Antony WiUs . .
Itm fEarrar fflinton . .
markt R :
markt R :
markt P :
markt W
markt R :
markt E :
markt W
markt W
M:
C:
C:
R
S:
F.
R
T:
8 hogs.
3 hogs.
6 hogs: 1 Barrel.
2 hogs.
1 hogs.
13hoggs:8Butts
2 hogs.
Itm Edward ffisher . .
Itm PerciuaU Champion
Itm Clement Jones . .
Itm John Chue . .
Peter Stafferton
In the Ship called the Jane.
Itm Mr. ffarrar 60 hogsheads
16 hogsheads.
10 hogs: 6 markt
F. F : and 4
D: W:
13 hogs.
3 hogs.
10 hogs.
6 hogs.
20 hogs.
Itm Mr. Thomas Palmer
Itm Rich : Machinn . . .
Itm Robert Clements
Itm PerciuaU Champion
Itm Wm. CasteU
Itm Robt : Sabin
Itm Edward ffisher . .
Itm WatsaU Roynor
Itm Wm. Turner .. .
Thomas Osborne . . .
30 hogs.
4 hogs.
6 hogs.
6 hogs.
15 hogs.
3 hogs.
2 hogs.
6 hogs.
6 hogsheads : 3
barr:
xi. hogs.
Tobacco.
Guiana.
166 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631.
In the Ship called the Philip,
markt H : H : Itm Henry Hartwell . . 4 hog3.
Wm. Harris xi. hogs markt
W : H : and 2 W : B :— 13 hogs,
markt T : C : Robt. Scotsmore . . . . 8 hogs.
Anne Burcher 2 hogs.
Mrs. Hill 2 hogs.
Mrs. Barnaby 10 hogs.
Captame ffrancis Baldwine 6 hogs : and 1
Chest.
Hannah Snode 01 hogs.
Ehz : Johnson 03
Mr. Hotchkins 18 hogs.
Mr. fflinton more then for-
merly iiOlbs. Tobacco in Rolle.
one Janes a very poore woeman 4 hogs.
Ehz : Peddock 12 hogs.
Clement Evans 10
Mary Harvy 6
Christopher Bancks . . . . 6
[pp. 100-101.]
[276. J Whitehall, 15 July :
Whereas the Boarde is informed that there is a Ship
lying in the Riuer of Thames called the Jane laden with
Tobacco the Master whereof doth keepe all the Tobacco a
Boarde for freight, and wiU not sufEer the same to be landed
and brought into the Kings storehouses : It is therevpon
Ordered that the saide Tobacco shalbe landed and brought
into the saide Storehouses that his Majestyes duetyes may
be paide. Whereof the Lorde Treasurer is prayed and
required to take notice, and to giue efEectuaU Order that the
same be perfourmed accordingly. [p. 103. ^ 2.]
[277.] WhitehaU, 22 July :
Whereas our very good Lorde the Erie of Barkshire hauing
bestowed great costes in making a Plantation in the Southerne
Continent of America and shall haue necessary vse for diuerse
1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 167
pieces of Ordinance, both for the fournishing of such Ships
as his Lordship shall haue occasion to sende thither. As also
for the better strengthening and fortifying of the saide Plan-
tation against the invasion of an Enimy, and doth therefore
desire he may buy for his money ffifty pieces of these severall
sortes, vizt fowre Culverin, fower demi Culverin, twelve
Saker, Twelue Minion tenne ffaulcon, foure Saker-Cutts, and
foure Minion Cuts. These are therefore to signify vnto all
such persons whom it may any concerne, that they are not
to interrupt or hinder the saide Erie either from buying, putting
on Shipboarde, or from transporting any such Ordinance,
not exceeding the number nor the seueral sortes before specifyed
in this our Warrant, prouided also that good security be
giuen that they shall not be otherwyse employed then for the
saide Ships and Plantation And this shalbe their warrant.
[p. 116. 11 1.]
[278.] Whitehall, 24 July :
Twoe Letters of the tenor following, the one to the Justices EngUsh
of Peace of the County of Gloucester, the other to the Justices °
of the Peace of the County of Worcester. Wee could not
haue behaved that after so many commands by his Majesty,
and his royal ffather of blessed memory by ther royal Pro-
clamations grounded vpon such weighty reasons as are therein
expressed, anie man would haue presumed to haue planted,
or maynteined anie Enghsh Tobacco, which hath beene found
so full of inconvenience, vntill wee haue beene lately informed
that in diuerse partes of this Kmgdome especially in
that County of Gloucester there is yet great quantitie of
Enghsh Tobacco planted and continued contrary to these
strict prohibitions. [You are therefore to send] for the
Conestables and head-bourroughes of those parishes and
places where of youre owne knowledge, or by credible iofor-
mation you shall vnderstand Tobacco to be planted or
maynteined, and shall commande them in their owne persons,
taking vnto them such of their neighbors for their assistance
as they shall thinke fit vtterly to destroy the saide Tobacco,
and to certifie vnto vs the names of all such as haue offended
168 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631.
herein, or shall make anie resistance against the destruction
of such Tobacco, and lykewyse the names of such Officers
as shall negligently execute his Majesties commands signifyed
by these our Letters, ffor which purpose wee haue sent one
of the Messengers of his Majesties Chamber to attende yow
with our Letters, by whom, upon his returns wee expect an
Account from yow of this seruice. [p. 121. ^f 2.]
[279.] Whitehall, 14 October : Present : — Lord Keeper,
Lord Treasurer, Lord Priuie Scale, Earl Marshall, Earl of
Kelley, Lord Viscount ffalkland. Lord Bishop of London,
Mr. Secretary Coke.
Canada. Whcras Capt. Kirk and others, the Aduenturers of Canada,
did humbly shew to the Board that they haueing the sole
trade into those parts granted vnto them prohibiting all others
to trade thither. That neuerthelesse divers persons vizt
John Baker, James Ricroft, Capt. Eustas Man Henry West
and others, haue as Interlopers presumed to carry away a
greate parte of the said Trade to the greate Dammage and
disablement of the Aduenturers to mayntayne theire CoUony
there for defence of the said Isle, and to proceede in the said
Trade, fforasmuch as the said persons were thervpon this
day convented before the Board some of the said Aduenturers
being then alsoe present. And vpon entrance into the heare-
ing of the Cause, however the said Information in the generall
appeared to be true ; yet for that the examination of divers
particulars, obiected on either parte, required a further tyme
then the leisure of the Board would permitt. Theire Uordshipps
did think fitt and order that the further examination therof
be referred to Mr Seriant Berkley, Sir Wilham Becher, and
Mr. Nicholas authorizing and requireing them, to call for
and pervse all such writings Letters Charter parties and
Bookes of Account, as they shall thinke fitt, as lykewise to
call before them, and examine, aU such persons as they shall
find cause, aswell for the finding out of the Contemptuous
carriage of the said persons complayned of, as for the dis-
couerie of the particular goodes and Comodities and the true
1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 169
valewe of the same by them brought from thence. And ther-
vpon to make Certifficat to the Board, to the end such further
order may bee giuen as shalbe requisite. Lastly it is ordered
that the said persons complayned of, shall enter into sufficient
Bond to his majesties vse, before the Clerk of the Councell
Attendant, not to sett out from hence forth, any more Shipps
to trade thither without Lycence from his majestic or this
Board. And shall giue theire attendance de die in diem and
not departe the Towne vntiU further order. Which Bond if
they shall refuse to enter into, then to stand comitted to the
custodie of a Messenger vntill they shall conforme them-
selues, [p. 191. last *^.]
[C.S.P. I. p. 135.]
[280.] Whitehall, 28 October :
An open warrant to the Marshall of the Admiraltie. §*• . , ,
Chnstopher.
Wheras we are informed that Capt. Cock Master of the Shipp
called the Anne and Elizabeth of London, lately come from
St. Christophers laden with Tobacco, and now lying neere
Tilbury, intendeth to carry the said Shipp with her ladeing
for forraigne parts, contrarie to former orders on that behalfe
made, and to the defraudeing of his majestic of the duties
thervpon due. Theise shalbe therfore to will and require
you, to make your ymediate Bepaire to the said Shipp, and
to cause the same to be forthwith brought hither into the
Porte of London. And in case the said Cock, shall not
bring vpp his said Shipp accordingly. That then you take him
into your Custodie, and bring him before vs, to answer his
Contempt. Wherof you may in noewise fayle. And this
shalbe your warrant. [p. 206. ^ 3.]
[281.] Ibid.
Wheras the aduentures to Canada, did this day Canada,
petition the Board. Shewing that they haueing by Grant
from his majestic the sole trade to Canada inhibiting all
others, to trade thither, and being at a greate and dayly
charge, in the defending and keepeing the fEorte, and Country
there and manageing the said Trade. That neuerthelesse
170 ACTS OF THE PRIVY COUNCII. (COLONIAL) [1631.
one Richard Brereton, Wolston Gosline (Captain and Master of
of the Shipp called the Whall of London), Maurice Tompson,
and others well knowing the premises, haue in contempt of
his majesties said Grant, and to the greate damage of the
Petitioners presumed to trade thither, and bring thence
Beauer Skinns, and other Comodities to a greate valewe, and
are now retouming home with theire Shipp and ladeing, and
therefore humbly besought the Board asweU that the said
persons might vpon theire arriuall be sent for to answer theire
Contempts as lykewise that seizure may be made, of the
said Shipp and goods. Theire Uordshipps vpon Consideration
had therof [gave order accordingly]. [p. 210.]
Newfound-
land.
Canada.
[282.] Whitehall, 4 November :
Whereas the Inhabitants of the Westeme partes vsing the
ffishing of Newfound-land, haue now lying on their hands,
greate store of Newfound-land fish and Pilchards taken on
the Westeme Coast which they cannot vent here in England,
nor make sale thereof to Strangers vnlesse the said Strangers
may carry the same in their owne Vessels : Their lordships
considermg the maintenance of manie thousand persons that
depende vpon the same, and is a great Nourserie of Seamen,
and Mariners, and an enorease of Nauigation, doe thinke
fit and order that the Inhabitants aforesaid shall haue per-
mission, hac vice tantum, to sell, their Newfound-lande fish
and Pilchards to Strangers to be caryed away by them in their
owne Vessels notwithstanding anie prohibition of transpor-
tation in foreine bottomes. Whereof the Lorde high-Treasurer
is prayed and required to take notice, and to giue directions
accordingly. [p. 224. last %]
[283.] WhitehaU, 16 November :
Whereas the Cause concerning Canada is now in agitation
and handMng in ffrance, the accommodating whereof doth
greatly import the good agreement betweene the twoe
Crownes : fforasmuch as diuerse thinges are to be done for
the setthng of that businesse, which thinges cannot be done,
1631.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 171
vnlesse Sir Isac Wake his Majesties Ambassador there be well
instructed, by the Adventurers here, so that he may throughly
vnderstande the particular state of the saide cause, which the
said Aduenturers haue not yet done : It was therefore this
day Ordered vpon a motion made by the Lorde high Treasurer
that the aforesaid Adventurers shall presently sende over a
person fully instructed, according to his Majesties Letters
directed to them to that purpose to attende Sir Isac Wake,
who wiU giue them all due assistance and fartherance. And
Captaine Kirck who did then attende the Boarde, was expresly
required to giue notice thereof vnto them. [p. 242. ^ 2.]
[Repeated on pp. 243-4.]
[284.] Whitehall, 18 Nouember:
Vpon information given to their lordships that one Mr. Virginia.
Bennet a Marchant dweUing in Croched fEriers had bought
three hundreth quarters of meale, which were not dehvered
in open Market whereof he had barrelled vp, fiue and fifty
quarters, it being suspected that he purposed to transport
the said meale beyonde the seas, Hee was commanded to
attende the Boarde, which hee did accordingly, and being de-
manded what he intended by buying so much meale in such
maner acknowledged, that his intention was to sende it into
Virginia for the supply and fournishing of the Plantation there.
Wherevpon it was ordered, that Mr. Attorney general shal
sende for the said Mr. Beimet, and throughly examine the
matter with the dependances thereof, and lykewise sende to
Sir John Wolstenholme to haue informabion from him what
course is held concerning the exporting of anie comodities to
Virginia, and particularly whether it be by particular hcence,
at everie exporting, and in what maner, and that he shall
make reporte of all to the Boarde. [p. 246. ^ 2.]
[285.] Ibid.
[Sir Henry Martin, Judge of his Majesty's High Court of Canada.
Admiralty, is to examine Eustace Man, Henry West, John
Baker, and James Ricroft, complained of as interlopers by
the Adventurers to Canada], and lykewise to examine such
172 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1631-2.
New
England.
Canada.
other persons concerning the same matter as the said
Adventurers shall name vnto him, and to retoume all the
examinations to the Boarde . . . that thereupon their lordships,
may finally order and determine the cause. [In the mean
time the four persons named are to remain in the Messenger's
custody.* [P- 247. ^ 1.]
[286.] Whitehall, 30 December :
Whereas Information was giuen to the Board that one
Edward Ashleyf had contrary to his Majesties Proclamation
traded with the Saluage people at New England ; and had
foumished them with Powder Shott Peeces, and other
Prouisions of Armes very preiudiciall and danngerous to the
EngUsh Inhabitarmtes in those partes. And whereas diuers
examinations and Papers were presented to the Board to con-
firme the said Information. Their Lordshipps did therevpon
Committ the said Ashley to the Prison of the ffleete and did
order that the said examinations and Papers should bee referred
to his Majesties Atturney Generall to take further Con-
sideration thereof and to proceed against the said Ashley in
Starre Chamber ; or otherwise as he shall find Cause vpon
examination of the said Ashley. [p. 340. last ^.]
[287.] Whitehall, 18 January :
[The Adventurers to Canada report that in spite of former
orders] the said Ricroft is gone to Canada, sent out by
Maurice Thomson, and John de la Barr, who knew he was
vnder command, and Captaine Man absenteth himselfe and
cannot be found, and that Richard Brereton, and Maurice
Thomson refuse to be examined, contrary to the orders of the
Board ; Their Lordshipps taking notice of this complaint,
and withaU the contempt of the said Interlopers, consideriag
that the said Companie had bin at great charge in takeing
of the Countrie, and maintaining the same to his Majesties
' Notices are entered on 15 November that Man "tendered his appear
ance," on 2 December that Brereton and Thomson did likewise and were
remanded and on 14 December that an order was maxle for Brereton
and Thomson of the same tenor as that of 18 November touching Canada.
[pp. 233, 283, 307.]
t A warrant for Ashley's commitment to the Fleet is entered on 21
December, [p. 325.]
1632.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 173
vse, at their Lordshipps command ; did order that all the
parties that haue not already bin examined should be
examined by Sir Henry Martin according to former orders of
this Board, and that the names of all those who shall in this
case refuse to be examined be retoumed, and the parties who
are mentioned in the former orders should attend the Board
the 25th of this present, at which tyme John de la Barr is
likewise required to give his attendance. And it is ordered
that Sir Henry Martin knight, Judge of the Admiralty shall
be hereby required vpon information from the said Aduen-
turers, to cause all the Shipps to be stayed that are going
or bound for those partes. [p. 352. ^ 2.]
[288.] Whitehall, 25 January :
[A petition from the Adventurers to Canada states that Cana<in.
they have returned] the examinations of those Interlopers
that would be examined, with an affidavit against those that
refused, [and recapitulates their past services, and the great
expense incurred. Their Lordships therefore refer such
depositions and examinations as have been taken to Sir Henry
Martin, Judge of the Admiralty Court, with instructions to
take the whole matter into consideration, and to give a
written report]. And it was also ordered that John de la
Barr, Richard Brereton and Maurice Tompson shall be
examined by the said Judge, and likewise all such other per-
sons as the Adventurers shall name unto him ; [in the mean
time they stand remitted to the custody of a messenger].
[p. 361.]
[289.] Whitehall, 17 February:
[In the case of Edward Ashley accused of selhng arms to New
„ _ ,. England.
the New England Indians] fforasmuch as vpon reading
of a Certifficate this day retourned to the Board by
Mr. Attumey Generall, with the examinations by him taken
of the said Ashley concerning the said Complaint. It appeared
not that any of the said offences were comitted since the said
Proclamation, which howeuer it did not iustifie the said ffact
the same being in it selfe vnlawfuU though noe such
174 ACTS OF THE PRIVY COUNCIL (COLOISTIAL'). [16'32
Proclamation had beene, yet for that it doth in parte exten-
uate the same. And for that the said Ashley hath alreadie
suffered imprisonment for the said offence. It was thought fitt
and ordered, that he should be discharged vpon Bond entered
into before the Gierke of the Counsell Attendant, not to offend
in the lyke kind hereafter. [p. 392. ^f 1.]
[290.] Whitehall, 22 February:
Canada. [The certificate from Sir Henry Martin being presented and
considered], Inasmuch as it was insisted on by the said
Interloopers, that the said Adventurers had noe Patent or
Comission which did appropriate that Trade wholly unto them,
the contrary whereof was affirmed by the said Adventurers,
and alsoe that they had severall orders of this Board for the
better authorizeing and strengthening of them in the pursuite
of the said Trade. It was thereupon thought fitt and ordered
that the said Judge should examine the truth therof, as lyke-
wise of the Contempt of the said Interlopers
And that both sides attend the Board on ffryday next, when
the said Judge of the Admiraltie, is lykewise hereby prayd
and required to be present, and to make Reporte.
[p. 403. If 1.]
[291.] WhitehaU, 24 February:
Tobacco. ^^ OP®^ warrant directed to his majesties Attumey Generall.
[Recapitulates the duties estabUshed on tobacco on March 2,
1631, viz. On all tobacco from Virginia and the Somers Islands,
M. per lb. Custom, and Qd. per lb. Impost ; On all tobacco
from St. Christopher and the other Caribbee Islands, 3d.
per lb. Custom, and 9d. per lb. Impost ; All such tobacco
to be landed at the port of London only : and continues] :—
His majestic haueing taken into his princely Care, the
Estate of the Plantations of his Subiects in Virginia, Summer
Islands, St. Christophers, Caribee Islands, and other places
(for the present) subsisting by Tobacco, although with
appearant hopes of better and more vsefuU Comodities, from
thence shortly to be had, and considering that much of that
Tobacco, is but of a meane Condition, is graciousely pleased
1632.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 175
to mitigate and abate, a greate parte of the duties, appoynted
by the said Letters of Priuie Seale to be receiued. And there-
fore his majesties pleasure is, that all Tobacco of the growth
of Virginea and the Summer Islands alreadie imported, and
not yet entered in any of his majesties Custome houses, and
which henceforth shalbe brought into the Kingdome of Eng-
land, Dominion of Wales, Port and Towne of Berwick, and
the Islands to the same belonging, by any of his majesties
naturaU borne Subiects, [shall pay 2d. per lb. subsidy and
2d. per lb. impost, or increase of subsidy, and all tobacco
from St. Christopher, the Caribbee Islands and other
plantations, Zd. per lb. subsidy and M. per lb. impost] the said
Letters of Priuie Seale, or any thing els to the Contrarie
notwithstanding. And his majestie is graciousely pleased, that
all Tobacco may from henceforth, be brought into any Port
of this Kingdome, wher there is a Custome house, and
officers attending his majesties service, at the pleasure
of the Marchants and owners therof, soe as due entrie
before landing be made, and the said last mentioned
duties duely paid or compounded for. And his majestie
for the better incourragement of his Subiects in theire seuerall
Plantations, and vpon Condition that all the Tobaccoes of
Virginea, Summer Islands, St. Christophers, Caribee Islands,
and all other the Plantations of any his Subiects, which shalbe
from thence transported, be ymediately brought from those
places and Plantations into this Kingdome, and duely entered
in some of his majesties Custome houses, in some of the Ports
of this Kingdome, is graciousely pleased. That if any Mar-
chant or other shall shipp any of the said Tobacco, of any the
said Plantations of his Subiects to be transported out of this
Kingdome againe, within a yeare after the first importation
therof, in this case the Impost aforesaid, to be repaid to him
and them his majesties Subiects, that shall soe transport the
same, vppon the entrie therof outwards . ... soe as
the same Tobacco, be first duely entered inwards, and
the Subsedie and Impost as aforesaid first duely paid, and
soe as the same be shipped, to be transported from the same
176 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632.
Port, where first it was imported and entered inwards.
And his majesties pleasure further is, that all Spanish Tobacco,
aswell of the growthe of any the Dominions of the King of
Spaine, as of any other Countrie, or place (being not of the
Plantations of his majesties owne Subiects) from henceforth
to be brought into this Kingdome, Dominion of Wales, and
Port and Towne of Berwick, shall stand charged with the
payment of Subsedie as m the Booke of rates is expressed
for Tobacco vizt to pay six pence for each pound of pudding
or role Tobacco, and fouer pence for everie pound of leafe
Tobacco, and to stand and remayne charged with payment
of Impost, as Spanish Tobacco hitherto hath continued (vizt)
to pay eighteene pence for each pound weight therof. And
if any Tobacco, be brought in by Strangers, then a fourth
parte more vpon the Subsedy for pettie Custome, and a
fourth parte more vpon the Impost for pettie Impost respec-
tiuely is to be paid. And that aU the said duties, be from
tyme to tyme duely paid to the Collectors ffarmors or other
Receiuors therof, nowe being or hereafter to be appo3nited
respectiuely, with power to punish offendors as in lyke Case
is vsuall. Theise are therfore to require you, to prepare a Bill
fitt for his majesties Signature, to containe his majesties
Letters of Privie Scale, for the sethng and estabhshing all
the said duties accordingly to bee directed as the late Letters
of Priuie Scale afore recited were directed. And for soe doeing
this shall be your warrant.
Signed -.—Lord Keeper, Lord Priuie Scale, Lord high
Chamberlaine, Lord Viscount Wentworth, Lord Viscount
ffalkland, Lord Bishop of London, Lord Bishop of Winton,
Lord Cottington. [pp. 408-411.]
[292.] WhitehaU, 6 April :
Plantation An open Warrant as foUoweth to the Lords Commissioners
for the Admiraltie. Wheras we haue beene informed that
divers Shipps and Vessells comeing from St. Christophers the
Barbathoes, the Caribee Islands in the West Indies Virginea,
Barmothoes, and other Enghsh Plantations in those parts.
Trade.
1632.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 177
doe goe into f orraigne Countries with theire goods and Marchan-
dize to his majesties great losse, and preiudice in his Customes.
Theise are therfore to pray and require you the Lords Com-
missioners for the Admiraltie to take effectuaU order, that all
the foresaid Shipps and VesseUs (when they come vpon the
Coaste of England or shall at any tyme be mett with, by any
of his majesties Shipps at Sea) may come for the Porte of
London, or some other of the Ports of this Kingdome, and
there duly to enter and vnlade theire goods, that his majestie
may not be defrauded of his Custome by the evell disposition
of any person, or the vndue Courses aforesaid.
Signed .-—Lord Treasurer, Earl MarshaU, Earl of Bridgwater,
Earl of Kelley, Lord Viscount ffalkland. Lord Bishop of
London, Lord Cottington, Mr. Secretary Coke. [p. 502. ^ 4.]
CHARLES I. VOLUME VIII. (1 May 1632-30 Ap. 1633.)
[293.] WhitehaU, 12 May :
A Warrant to Dauid Stott one of the Messingers of his Canada.
Majesties Chamber, to fetch before their Lordshipps the person
of Eustace Man.* [p, 33. r 3/1
[294.] WhitehaU, 30 May :
The Aduenturers to Canada haueing this day presented an Canada.
humble petition to the Board, thereby shewing that according
to an order of the Board, of the 22th of ffebruary last, the
petitioners together with Captaine Man, and the rest of the
interlopers, should attend Sir Henry Martin Knight, Judge of
the Admiraltie, and he to heare the allegations on both sides,
which accordingly was donn, but the day hmitted in the said
order was so Short, and Sir Henry Martin so much indisposed
in his health, as it could not then be ended, wherevpon the
petitioners againe humbly sued (to the end they might be no
* Man's appearance is accordingly entered on May 24 [p. 40 H 3], and on
the 30fch he is ordered to be detained in the " Counter in the Poltry "
[p 50 H 3].
12
178 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632.
further troublesome to the Board) for a day of heareing, which
their Lordshipps were pleased to graunt ; Ana appointed
Wednesday the sixt of June in the afternoone, to heare the
cause, at the CounceU Chamber, Whitehall, whereof [all parties
concerned] are to take notice, and to come prepared with
their Councell. [p. 52. ^f 1.]
[295.] Whitehall, 27 June:
Virginia. A Letter to the Gouemor and Councell of Virginea.
Wheras a Petition hath beene presented to the Board in the
name of PhiUipp Meade, Robert Hudson, and WiUiam Barker,
Citizens of London. Complayneing that the Petitioners aboute
fower yeares since, did trust one Richard Steeuens, with goods
to the valewe of 180?. or therabouts, vpon his promise (as
by his Bills appeareth) to be paid within nyne monethes after
the deliuerie therof. An being an able man, and an
Inhabitant in Virginea, and of the Councell there, hath since
obtayned 40Z. more of the Petitioners Goods which they
sent by way of Marchandize, and refuseth to giue satisfaction
for the same. . . . We vpon Consideration had therof finding the
Petitioners Case (if it be such as is informed) to be verie Just
and Considerable, and to deserue all lawfuU favour and Releefe ;
Haue thought good hereby, to recommend this Case to your
especiall Care. [p. 116.]
[296.] Whitehall, 25 July : present : — Lorde Keeper, Lord
Treasurer, Lord Priuy Scale, Lord high Chamberlain, Earl of
Dorset, Earl of Bridgewater, Earl of Kelley, Lord Viscount
Wimbledon, Lord Bishop of London, Lord Cottington, Mr.
.Secretary Coke, Mr. Secretary Windebanke.
Canada. This day was hearde at large the Cause betwene the Adven-
turers into Canada autorised by his Majesties Commission,
and Captaine Eustace Man, Captaine Henry West, and James
Ricroft who in the yeare 1630 did sett foorth from London
a small shipp called the Ehzabeth which sayled to Canada and
traded there with the Sauages, as also betweene the saide
Adventurers and Maurice Thomson with his Associates.
1632.J ACTS OP THE PRIVY COUNCIL (COLONIAL). 179
. . . . Their lordships hauing seriously weighed all
that was aUeaged on either parte, and considering the meritts
of the sayde Aduenturers who with hazarde of their Hues
and fortunes haue perfourmed their vndertaking, to the honor
of the state, and are therefore worthy of aU fauor and
encouragement in that behalfe did thinke fit and Order that
both partes shall attende his Majesties Attorney generall, and
that he shall throughly informe himselfe what dommage the
Aduenturers haue susteined by the aforesayd interloping, and
what proifit and benefite the other parties haue made severally
by their tradings there and that to this purpose he shall
particularly examine the aforesayd Maurice Thomson and his
partners of whose former contempts certifyed by the sayde
Judge of his Majesties high Courte of Admiralty, their lordships
tooke notice. And it was farther Ordered, that after such
particular examination his Majesties Attorney generall shall
sett downe what reparation or restitution he shall thinke
fit to be made by them seuerally, and respectiuely to the sayde
Adventurers, which they are to performe without farther
dispute or delay. To which Order, Eustace Man,* Henry
West, and Maurice Thomson, (who were present) did submit,
and the rest are hereby expresly charged to conforme them-
selues lykewyse, that the Boarde may be no more troubled
with this Cause. IPP- 167-1 68. J
[297.] Hampton Court, 30 September:
A warrant as foUoweth directed to Edward Wiggins Canada.
one of the Messengers of his Majesties Chamber.
[In pursuance of the previous order the] Attumey
Generall awarded Morrice Thomson to pay fowre hundred
Markes which hath ben demanded as appeareth by affidavit,
but refused to be payed. [Prompt payment is to be
required from Thomson] which if he shaU refuse to
doe, you are then by vertue hereof to carrie him to the
Marshalseas, where he is to stand and remaine Committed,
vntill he shall performe the same.
* Man had been released from the Compter by an order of the Board on
June 20. [p. 90 H 4].
180 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632.
Another of the same tenor to wiggins to demand two
hundred pounds of Captaine Eustace Man, this clause folloing
excepted, which hath ben demanded as appeareth by affidauit
but refused to be paid. [p. 210.]
[298.] Star Chamber, 21 Nouember:
Canada. This day was read at the Boarde a petition which had
bene preferred to his Majestic by Sir WiUyam Alexander
Knighte, George Kirke Master of the Robes David Kirke
Esqrs. Lewis Kirke, Thomas Kirke John Kirke James Kirke
gentlemen, Willyam Barkley, Josua GaUard and Charles
Attye, of London Marchants, wherein they remonstrate, that
in the late warrs betweene his Majesty and the ffrench Kinge,
some of them did take the Country of Canada to the honor
of his Majesty and the State, and in the yeare following, vpon
his Majestys commande, and Commission vnder the greate
Seale of England, did take the fforte of Quebeck, the taking
and keeping whereof stoode them in about fifty thousand
pounds, and that since that tyme, vpon his Majestys
pleasure signified restored the said fforte of Quebeck vnto the
ffrench without any satisfaction for their aforesaid greate
charges ; In regarde whereof, and forasmuch as it pleased
his Majesty in the same Commission to promise vnto them
a grante of letters Patent, for the sole trading in the partes of
Canada aforesaid the better to enable them for future dis-
coveries to be made there, they doe humbly beseech his
Majesty to grant now vnto them, his said royall letters Patent
accordingly, vizt : for sole trading in the Guhe and River
of Canada, and partes therevnto adiacent, and to place a Colony
and fortresse there if they thinke fit, from the latitude of
fourty foure degrees to the latitude fifty foure degrees for one
and thirty yeares. [His Majesty having referred the petition
to the Board, their Lordships refer it to the Attorney General,
with instructions to examine into the matter, and to report
with the best expedition.] [p, 281. TJ 2.]
[299.] Star Chamber, 30 November:
Virginia A letter directed to the Erie of Dorset and Erie of Danby.
1632.] ACTS or THE PRIVY COUNCIL (COLONIAL). 181
Whereas by a petition presented vnto vs on the behaMe of
Margeret Dowber and Ehzabeth Gates Daughters of Sir John
Gates, and of Margeret the rehct of his eldest sonne, wee are
informed that the said Sir Thomas Gates having in his like
tyme bene for many yeares Governor of the plantation
established in Virginia, did vpon that dessigne pay severall
sumes of money vnto the then Treasurer amounting to twoe
thousand pounds or there about, and was owner of much
goods and Cattel, which at his coming from thence, he left in
the custodie of some of his Servants and friends there ; but
the said Sir Thomas dying in the Lowe Countries the parties
entrusted by him are neither knowne vnto his daughters whom
he left his executrices nor haue made over vnto them any
parte or parceU of the said goodes and Cattel, the want whereof
hath hindred them in the preferment ; and occasioned their
povertie and greate necessitie. Wee well remembring the
aforesaid Sir Thomas Gates to haue bene an ancient servitor
and a person of very good deserte, and commiserating the
distressed estate of his said Daughters, haue thought fit to
recommend the cause to your lordships as being Chiefe Gover-
nors of that Plantation, and doe accordingly pray you to direct
your letters vnto the Governor there requiring him to call before
him aU such persons as are knowne to haue the said goodes,
and Cattell in their hands, and to examine them or any
other whom he shall thinke fit concerning the same, and to
take effectuall order asweU that satisfaction be made to the
petitioners or their assignes for their vse, as also that they may
haue due proportions of lands allotted vnto them, according
to the monyes adventured by their father.
[pp. 314^315.]
[300.] Whitehall, 12 December :
This day asweU Captain Kirk and Mr. Barkley on the Canada,
behalfe of themselues, and the rest of the Suitors for the
Patent of Trade into the Gulfe of Canada, were called before
the Board, as alsoe the Scottish Aduenturers, and Mr.
Charleton for himselfe and Mr. Henry Wilson. And the said
Scottish Aduenturers, and Mr. Charleton, Complayneing that
182 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632.
the said Suitors did now endeavour to gett a Patent, for the
sole tradeing into the said Gulfe of Canada to themselues,
without giueing any account or satisfaction to the rest of the
Aduenturers, for the former ymployment. It was alleadged,
by the said Captain Eark and Mr. Barkley, that on theire partes
they were readie and desireous to giue an Account and satis-
faction of all former ymployments in the said Trade, but that
the said Charlton and Wilson were in defaulte therof , partely
by default of dilligent attendance, where the said Accounts
were appojmted to bee audited, and partely by forbeareing
to bring in theire moneyes, the said Charlton being behynd
with the Company 700?. and the said Wilson 3001. the whole
debt of the said Company being but 1100?. which was by
the said Charlton constantly denyed. Herevpon the Lords by
Consent of all parties, did this day thinke fitt and order that
a Comission shall forthwith issue out of the Chancerie, to such
fitt Commissioners as the Lord Keeper of the greate Scale,
shall nominate and appojoit [to examine into and report
upon the whole business.] [p. 333.]
[301.] Whitehall, 12 December :
Canada. Theire Lordshipps takeing this day into Consideration, the
Patent now desired by Sir WilUam Alexander, George Kirk
Esqr Master of his majesties Robes, Dauid Kirk Esqr Wilham
Barkley and the rest, for the Trade into the Gulfe of Canada :
Vpon the Reporte of Mr. Secretarie Coke that he findeth nothing
desired by the parties contrarie to the Treaties with his majesties
AUies, did thinke fitt and order, that the same should pro-
ceede and that his majesties Atturney GeneraU, should be
required to prepare a BiU for his majesties Roy all Signature,
for passing the said Patent agreeable to his owne Report ;
and the order of the 21th and 28th of Nouember last made
"This clause *^®^^P°^' "'"^^ *^** ^"''"'*'^on ne.uerthelesse.^ that his majesties
was left out intention is that his Treaties with his AUies should not be
by order the • j • 7 7 . ,
22 : of _this mnnged, by any pretence of this Patent. And their Lord-
present." ahipps doe further wish and aduise, that the said Scottish
Aduenturers in former association, should ioyne in the said
1632.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 183
Patent, and Trade, if the parties cann agree amongst them-
selues, but that the expectation therof shalbe noe ympediment
to the present proceeding of the said Patent, [p. 334. ^ l.J
[302.] Whitehall, 19 December:
Vpon reading this day of seuerall Petitions preferred by New
some Planters of New England and a written Relation by ^''^ ''"'^'
Sir Cristopher Gardiner Knight and vpon long debate of the
whole carriage of the Plantations of that Countrey It was this
day ordered That the lord Arch Bishopp of Yorke, the lord
Treasurer lord Priuie Seale, lord high Chamberlaine of Eng-
land, the Earl Marshall, Earl of Dorsett, the lord Vice Count
ffalkeland, the lord Bishop of London the lord Cottington, Mr.
Treasurer, Mr. Secretary Coke and Mr. Secretary Windebanck,
or any fower or more of them, caUing to their Assistannce such
other persons as they shaU thinke fitt, shall examine how
the Patentes for the said Plantation, haue been grannted, and
how carried ; and shall examine the truth of the aforesaid Infor-
mations, or such other Informations as shall bee presented to
them. And shall make Reporte thereof to the Board and of
the true state of the said Plantations, as they find them now to
stand. £Eor which purpose, they are to call before them such
of the Patentees and such of the Complaynanntes and their
Wittnesses, or any other persons as they shaU thinck
fitt. Lp. 346. If 2.]
[C.S.P. I. p. 158.]
[303.] Whitehall, 21 December:
This day Sir Richard Saltonstall of London Knight and Canada.
Mathew Cradock Merchannt of London being sent for by
warrannt from the Board ; vpon entring into Bond to attend
the Committees appointed for the businesse of Caneda at aU
times. Notice being giuen or left at their houses on that
behaKe ; were discharged from further attendannce on their
Lordshipps. IP- 348. ^ 1.]
[304.] Whitehall, 22 December:
Whereas an order was made on the 12th of this Moneth for Canada.
the Patent of Trade into the Gulph of Canada, it was this day
184 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1632-3.
declared by the Board that his Majesties intention is, That
his Treaties with his Allies should not bee infringed by any
Pretence of the said Patent, yet neuerthelesse that it may bee
lawfull for the said Patentees their Deputies or Assignes to
defend themselues in case they shall bee assaulted by any,
contrary to his said Treaties. And that if complainte shall
bee made of breach of the Treaties by the said Patentees their
deputyes or Assignes his Majesty will cause iustice to bee
donne according to the said Treatyes. [p. 354. ^ ].]
[305.] Whitehall, 11 January:
Virginia. [A letter to the Governor and Council of Virginia, from the
Earls of Dorset and Danby, Mr. Secretary Coke, Sir J.
Danvers, and Sir John Wolstenholme. Recapitulates the
letter sent by the Privy Council to the Earls Dorset and
Danby on 30 Nov, 1632, and orders the Governor and
Council to take action accordingly. The sum adventured by
Sir Thomas Gates in the Company is given as 2,000Z.]
[p. 365.1
[306.] Whitehall, 19 January : Present : — Lord Privie
Scale, Earl of Dorset, Lord Viscount ffalkland. Lord Bishop of
London, Lord Cottington, Mr. Treasurer, Mr. Vice Chamber-
lain, Mr. Secretary Coke, Mr. Secretary Windebanke.
[The Committee appointed to inquire into the rumoured
disorders and distractions of New England having made report,
their Lordships decide that] most of the things informed
being denyed, and rested to be proued by parties that
must be called from that place, which required a long
expence of tyme ; And at the present their Lordshipps finding,
that the Aduenturers were vpon the dispatch of men
Victualls and Marchandizes for that place, All which would
be at a Stand, if the Aduenturers should haue discorag-
ment, or take suspition that the State here, had no good
opinion of that Plantation. Their Lordshipps not[with-
standing] the faults or fancies (if anie be) of some particular
men vpon the generall Gouemment, or principall Aduenturers,
(which in due tyme is further to be enquired into) haue
1633.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 185
thought fitt in the meane tyme to declare, that the appearances,
were so faire, and the hopes so great that the Countrie would
proue, both benificiaU to this Kingdome, and profitable to
the perticular Aduenturers, as that the Aduentures had
good cause to goe on cherefuUy with their vndertakeings, and
rest assured, that if things were carried as was pretended when
the Patents were grannted, And accordingly as by the Patents
is appointed. His Majestic would not onely mayntaine the
hberties, and Priviledges heretofore grannted, but supphe
anie thing further that might tend to the good Gouernment
of the place, and prosperitie, and comfort of his people there.
b. 384. ^ 1.]
[307.] Whitehall, 23 January :
[A petition of Edward Wickens, one of the messengers of Canada,
his Majesty's Chamber. Thomson and Brereton were nine
months in his custody but have since been committed to the
Marshalsea, with direction that before they were released they
should pay his fees. Now Thomson undertook to free Brereton
from charges and thereupon sent him to sea, " yet neverthe-
less by reason of the hbertie he hath to goe abroad, he in
neglect of the former orders still remayneth obstinate, and
wiU not give the Petitioner satisfaction." Order is given that
Maurice Thomson be not released from the Marshalsea until
he have given the petitioner contentment.] [p. 395. ^ 1.]
[308.] Star Chamber, 25 January :
[Captaine Kirke and the other Adventurers to Canada Canada,
having petitioned for the insertion into their patent of]
Licence for the yearely transportation of fifty quarters of
Pease, and 501. worth of Biskett bread for the furtherance and
support of the Trade in those partes, Their Lordshipps, upon
the debate of the petitioners demands, did not hould it con-
venient to have the said quantitie of graine and bread expressed
in the Patent, But nevertheless being willing and desirous to
advance and support that trade there, [ordered that the
petitioners should be given a yearly hcence to transport the
quantity of bread and pease desired.] [p. 39S. 1[ 1.]
186 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1633.
[309.] Star Chamber, 6 February :
Canada. An open warrant with generaU directions. Wheras we
are informed that Captain Richard Brereton and James Ricroft,
twoe of the Interloopers to Canada, and now remayneing
Prisoners in the Custodie of one of the Messengers of the Cham-
ber : haue in contempt of his majesties Commission lately sett
forth a Shipp, called the Charles of London, with intent to
trade into the Gulfe and Riuer of Canada, which Shipp is now
fallen downe, to proceede on the said voyage. Theise shalbe
therfore to will and require you Sir to make stay of the said
Shipp, whersoeuer she shall be found and not suffer her to
departe, vntill you shall receiue further order from the Board,
ffor which this shalbe your warrant.
A warrant to Edward Wickens one of the Messengers to
bring Captain Brereton and James Ricroft before the Board.
[p. 426. Iflf 5-6.]
[310.] Star Chamber, 13 February :
Canada, [A warrant with general directions, ordering " everie of you
to whom it doth appertaine, forthwith to discharge and sett
at Ubertie ' ' the ship Charles of London, and to suffer Brereton
and Ricroft to proceed on their intended voyage.]
[p. 448. last |.]
[3H.] WhitehaU, 1 March:
Virginia. A letter directed to ffrancis Brookes of Portsmouth. By
your letter of the 26th of the last moneth to Sir John
Wolstenholme, Abraham Dawes, and John Jacob ffarmers of his
Majesties Customes, wee finde, what endavor you haue vsed for
the bringing in of the Virginia Ship called the America of Lon-
don, which being put back into the roade of Stokes bay, and
in how insolent and rebeUious a maner you were resisted by
those of the said Ship at your first coming to goe aboard. Now
as wee cannot but be greatlie sensible of such desperate bold-
nesse, which in regarde both of the Act it selfe, and of the con-
sequence, deserveth severe and exemplarie punishment : so
we doe altogether approue and commende your care and
the coursse which you haue taken, and doe hereby require
and charge you to continue and prosecute the same accordingly.
1633.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 187
vsing aU possible meanes for the bringing in of the aforesaid
ship ; to which purpose also you are to require the assistance
ot George Bonde and to commande him from vs, to be ayding
vnto you herein by his best endevors ; which if he refuse, he
shal thereby encrease and agravate those former offences' for
which he is now in custodie, where wee thinke fit that he remaine
vntiU you shaU receive other directions from this Boarde.
[p. 490. If 1.]
[312.] WhitehaU, 8 March :
Whereas a Ship caUed the America of London was lately Virginia
stayed at Portesmouth by fifrancis Brooke, who to that pur-
pose receiued Order from the Boarde, which Ship came from
Virginia laden with Tobacco and is bound for Hollande : ffor
as much as it appeareth by information giuen by the ffarmers
of his Majesties Customes that Maurice Thompson chief e
owner of the said Tobacco, doth offer to pay b"s Majesties
Customes and duetyes ;* The Lorde high Treasurer of Eng-
lande is therefore prayed and required to giue present Order
vpon the payment thereof for the discharge of the saide Ship
and goodes. [p. 497. i[j 2.]
CHARLES I. VOLUME IX. (1 May 1633-30 May 1634.)
[313.] Committee for new England: — Lord Arch Bishop New
Canterbury, Lord Keeper, Lord Arch Bishop of Yorke, Lord ^"S*^""^-
Treasurer, Lord Priuy Seal, Earl Marshall, Earl of Dorset,
Lord Cottington, Mr. Treasurer, Mr. Comptroller, Mr. Secre-
tary Coke, Mr. Secretary Windebanck. [p. l.]
[314.J Star Chamber, 26 May.
A Warrant as followeth directed to Sir John Harvy Virginia,
knight Gouernor in Virginia, the rest of the CounceU
there, and to all others whome it may conceme.
* A warrant for Thomson's appearance had been directed to Wickens on
the 4th March, [p. 494 It 2].
188 ACTS OF TEE PRIVY COUNCIL (COLONIAL). [1633.
Whereas William, and Thomas WiUoby, Symon Turgus,
Humphrey, and Thomas ffarley, WiUiam and Stephen Barker
Thomas Browne, WiUiam Ewins, and Richard Wake Planters
in Virginia haue giuen vs to vnderstand, that at their great
costs and charges for mania yeares, they haue Mved, maintained,
and supplied diuers ffamilyes there, of their owne perticular
Estates, and now (haueing brought their labours to some
reasonable effect, whereby they may conceiue some hopes of
a small benifitt towards their former great expences) One
Morris Thompson, and his Adherents Marohants of London,
haue contracted with the Gouernor, and CounceU of Virginia
(as by afJ&dauitt appeareth the said Thompson hath confessed)
that no Shipp, but such as the said Morris Thompson and his
Adherents, or their Assignes shall send thether, shall haue
anie lading from thence, nor that anie Planter there, shall
sell any of his Tobacco, or other goods, but to the said
Thompson &c which wiU not onely be preiudiciall to his
Majesties Customes but tends to their great loss, and
hindrance, besides they shall bee forced to abandon a great
number of poore people there, which for want of SuppUes
will not be able to subsist, and so of necessitie must
retoume hether to be an vnneoessarie burthen to this King-
dome. Wee haueing taken the premisses into our consideration
doe hereby require you, and aU others whome it may con-
ceme to permitt and suffer the said Planters (notwithstanding
anie contract made by Morris Thompson, or anie other person
whatsoeuer) at aU tyme and tymes (as they shall haue
occasion) to take in and fraight their owne Shipp called the
Amenca of London, or anie other English Shipps, with their
owne, or the goods of their freinds, and to employ the said
Shipp and Shipps, to, and from Virginia as often as their
occasions shall require, vntiU farther order from this Board,
without lett molestation or hindrance, whereof aU persons
whome it may conceme, are to take notice, as they will answere
the same at their perills. [p. 63.]
[315.] Star Chamber, 28 June :
Virginia. Wheras a Petition heretofore presented to the Board by the
1633.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 189
Aduenturers and Planters, of Virginea. Shewing that by reason
of some Grants lately obtayned, of a greate proportion of Lands
and Teritories within the Lymitts of theire Colonye, and places
of theire Traffique, they were much preiudiced and discourraged
in the proceedeing with the said Plantations ; was by his
majestie referred to the Consideration of the Board. ....
This day the Lord Baltimore, who hath a Grant from his
majestie of a proportion of the said Lands, and divers of the
principall Adventurers, and Planters, being called before the
Board, and theire Lordshipps haueing heard, the allegations
then made, on both sides, did . . . order and direct
that the Lord Baltimore and twoe or three of the said
principall Aduenturers should forthwith meete and conferr
togeither, and indeavour amongst themselues, to accomo-
date the poynts in difference, ariseing betweene them,
or soe many of them as they could, and to sett downe
the same soe agreed on, in writing, as lykewise such
poynts, wherin they shall differ, togeither with theire
exceptions and reasons, and to present the same to the Board,
at theire said next sitting, at which tyme they are lykewise
to bring with them, a Mapp of the said Plantation, vpon
viewe wherof, theire Lordshipps may better discearne, how the
proportion granted to the Lord Baltimore is limitted and
bounded. [pp. 118-119.]
[316.] Whitehall, 30 June:
[A letter to the Governor and Council of Virginia. Virgin
Recapitulates the letter of 18 Oct., 1628-219, concerning John
Perse and the debt of 496L due from his brother Abraham
Perse, deceased, who left an estate of 5,000?. or thereabouts.
Perse has again complained that he is stiU unable to get satis-
faction, and states that] the Widow and Relict of the said
Abraham Perse, hath married with one Mathewe, who doth
unconscionably studie and endeavour to prevent and hinder,
the payment of the Petitioners debts, and the Legacies given
by his said Brother. [Their Lordships marveU at and repre-
hend your neglect, and order all due dihgence to be used in
190 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1633.
the matter and prompt certificate in writing to be made to
them.] IVV- 134-5.]
[317.] Star Chamber, 3 July : Present : — Lorde Keeper,
Lord Priuie Seale. Lord high Chamberlain, Earl of Dorset,
Earl of Bridgwater. Erie of Danby, Lord viscount wentworth,
Lord viscount FaMande, Lord Cottington, Mr. Secretarie
Windebanck.
Virginia. [Lord Baltimore and the Virginia planters having met
together, and submitted their propositions to the Board.]
Now their lordships hauing heard and maturely considered
the saide propositions, answers, and reasons, and whatsoever
else was alleaged on either parte, did thinke fit to leave the
Lord Baltimore to his Patent, and the other parties to the
course of Lawe according to their desire. But for the pre-
venting of farther questions and differences, their lordships
did also thinke fit and Order, that things standing as they doe
the Planters on either syde shall haue free traffique and Com-
merce each with other and that neither parte shall reciue any
fugitiue persons belonging to the other, nor doe anie Act
which may drawe a Warre from the Natives vpon either of
them. And lastly that they shall sincerely enterteine all
good correspondence and assist each other on all occasions
in such manner as becometh fellow Subiects and members of
the same State. [p. 139.] '
[C.S.P. L p. 169.]
[318.] WhitehaU, 12 July:
Virginia. [A Warrant directed to Sir John Harvey, Governor of Vir-
ginia, and to his Council, of the same tenor as that of 26 May,
1633-314.] [p. 152. 1j 2.]
[319.] Whitehall. 7 August:
Virginia. [Certain propositions (not specified) concerning Virginia
having been read, they are referred to the farmers of the
Customs for consideration and report. [p. 196. ^ 1.]
1633.] ACTS OF THE PEIVY COUNCIL (COLONIAL). 191
[320.] WhitehaU, U August :
[The following proclamation, drawn by the Attorney Tobacco.
General, is ordered to be entered in the Register ; letters in
accordance with it are to be written to the] seuerall Counties
Citties and Townes Corporate of England and Wales, for
the better effecting of his majesties pleasure in this service.
Whereas the Plant or drugg called Tobacco, scarce knowne
to this Nation in former tymes, was in this Age first vsually
brought into this Realme and in small quantity as medicine
soe vsed, and by divers taken as Medicine. But in processe
of tyme to satisfie the inordinate Appetite of a greate nomber
of rden and women, it hath beene brought in, in greate quan-
titie and taken for wantonnes, and excesse, provokeing them
to drinkeing, and other Inconveniences, to the greate
impayreing of theire healthes, and depraueing of theire
Manners, soe that the Care which his majestic hath of his
people, hath enforced him to thinke of some meanes for the
preventing of the Euill Consequence of this immoderate vse
thereof. And albeit his majesties Dearest ffather of blessed
memorie, had giuen directions therein aswell by Proclamation
as otherwise, yet those wayes tooke not soe good effect, as
was desired, for that therin was noe Restraint of the nomber
of those that should sell Tobacco by Retayle, nor Care taken
of the quallitie of those, that should make such Sale, but
Victuallers Taverners, Alehouse keepers. Tapsters, Cham-
berlaines Hostlers, and others of the meanest Condition haue
promiscuously vsed to regrate the same, as allurements to
other naughtines, keepeing therein noe Assise, to the preiudice
of the rest of his loueing Subiects. ffor repressing therfore
of all such excesses, and for preventing of future inconvenience,
[tobacco is hereafter only to be sold by retail in such towns
and places and by such persons as have been nominated to
the Board by the Justices of the Peace of the several counties
of England and Wales, or by the Mayors, BaihfEs, and other
chief officers of divers cities and towns corporate. AU
persons thus authorised are expressly forbidden to keep
any tavern, alehouse, or victualling house, or otherwise sell any
192 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1633-4.
distilled, or hot waters, wine, ale, beer or cider in their houses,
so long as they shall be permitted to sell tobacco by retail.
The proclamation is to come into force on Candlemas day
next.] [pp. 204-207.]
Virginia
Maryland.
[321.] —
A Letter
to
— ,16 August :
the Gouernor and Councell of Virginea.
Wheras we haue receiued information from the ffarmors of his
majesties Customes and the Planters of Virginea (to whom we
referred the Consideration therof) of the sunderie preiudices
that doe growe, and are dayly lyke to encrease, aswell to his
majestie in his Customes, and the Shipping of the Kingdome,
as alsoe to the Colony and the Planters therof, by the Trade
vsed by Strangers, of verie late tyme in that Country. We
haue thought fitt herevpon to authorize and require you, not
to permitt any Strangers, to trade within that Colony, by
Shipping as alsoe to take Bond of all the Kings Subiects there
that they shall land theire goods here in England, the per-
formance of which directions you may not fayle of.
[p. 214. U 4.]
[322.] Star Chamber, 31 October :
[The ship Ark of Maryland, and a pinnace called the Dove,
belonging to the Lord Baltimore, having been lately stayed at
Tilbury, upon information that divers persons on board had
refused to take the oath of allegiance, and an officer sent by
the Board having reported that all on both vessels, to the
number of 128, had taken the said oath, they are allowed to
proceed on their voyage to Maryland], provided there be no
other person or persons aboard the said Shippe or Pinnace,
but such as have or shall take the oath of Allegiance as afore-
said- [p. 291. If ].]
[C.S.P. L p. 171.]
[323.] Star Chamber, 24 January : Present : — Lord Arch-
bishop of Canterbury, Lord Keeper, Lord Archbishop of York,
Lord Privle Scale, Lord Great Chamberlen, Earl Marshall,
Earl of Dorset, Lord Viscount Wimbledon, Lord Cottington,
1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 193
Lord Newburgh, Mr. Treasurer, Mr. Comptroller, Mr. Vice-
chamberlen, Mr. Secretary Coke, Mr. Secretary Windebank.
[The merchants and owners of shipps of Plymouth, Dart- Newfound-
mouth, and Barnstaple, and other creekes adjoining,
who use the fishing trade in Newfoundland, complain-
ing of sundry abuses committed in the said trade, and
the petition having been referred for examination and
report to the Attorney General, his report was this day
presented as follows.] May it please your Lordshipps In
this acquired Dominion, I doe conceiue his Majestie may giue
Laws, And some that may serue for the present I haue pre-
sumed to present to your Honors to stand vntill it be other-
wise ordained, with power to certaine Mayors of Townes to
execute them. And a command that they be published
there, which are humbly submitted to your honors Judge-
ment and sent annexed, signed WiUiam Noye.
Whereas the Region or Countrie called Newfound land
hath ben acquired to the Dominion of our Progenitors which
wee hould, and our people haue manie yeares resorted to those
parts, where, and in the Coast adjoyning they imployed them-
selues in fishing, whereby a great number of our people, haue
ben sett on worke, and the Navigation, and Marriners of our
Realme hath ben much increased And our Subjects resorting
thither, one by the other, and the Natiues of those partes were
orderly and gently intreated, vntill of late some of our sub-
jects of the Realme of England planting themselues in that
Countrie, and there residing, and Inhabiting, vpon conceipt,
that for wrongs, on Iniuries don there, either on the Shore, or
in the Sea adio3ming, they cannot be here impeached, and the
rather, for that wee, or our Progenitors, haue not hetherto,
giuen Lawes to the Inhabitants there, and by that example,
our Subjects resorting thither, iniure one another, and vse all
manner of excess, to the great hindrance of the voyage, and
common domage of this Realme. ffor preuenting such incon-
veniences hereafter wee doe hereby declare in what manner
our people in Newfound land, and vpon the Sea, adjoyning,
and the Bayes, Creeks, or fresh Riuers there, shall be guided,
13
194 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1634.
and gouemed ; doe make and ordaine the Lawes following in
the things after specified, commanding that the same be obeyed,
and putt in execution.
1. ifirst if anie man on the land there shall kill another,
or if anie shall secretly or forceably steale the Goods of anie
other to the value of fourty shillings, he shall be forthwith
apprehended, and arrested, detained, and brought Prisoner
into England, and the Crime Comitted by him, shall be made
known to the Earle Marshall of England, for the tyme being
to whom the delinquent shall be deliuered as prisoner, And the
said Earl Marshall shall take Cognisance of the cause, And
if he shall finde by the testimoney of two wittnesses, or more,
that the party had there killed a man, not being at that tyme
first assaulted by the partie slajnie, or that the kilUng were
by misaduenture, or stolen such goods, the delinquent shall
suffer paine of death, and all the Companie shall endeauor to
apprehend such Malefactors.
2. That no ballast, Prestones, or anie thing else hurtful!
to the Harbours be throwne out, to the preiudice of the said
Harbours, but that it be carried ashoare, and layd where it
may not doe annoyance.
4. [Sic] That no person whatsoeuer either fishermen, or
Inhabitants doe distroy, deface, or anie way worke anie spoyle
or detriment to anie Stage, Cookeroome, fflakes. Spikes, Nayeles,
or anie thing else, that belongeth to the said Stages whatso-
euer, either at the end of the voyage when hee hath don, and
is to departe the Countrie, or to anie such Stages as he shall
fall withaU, at his coming into the Countrie, but that hee, or
they content themselues with such Stage, or Stages onely,
as shall be needfull for them, and that for the repaireing of
such Stages, as he or they take, they shall fetch timber out of
the woods, and not to doe it with the ruining or tearing downe
of other Stages.
That according to the auncient Custome, euery Shipp, or
ffisher, that first entereth a harbour in behalfe of the Shipp be
Admirall of the said Harbour, wherein, for the tyme being hee
shall reserue onely so much Beach, and flakes, or both as is
1634.J ACTS OP THE PRIVY COUNCIL (COLONIAL). 195
needfull for the number of Boates that he shall vse with an
ouerplus onely for one Boate more then he needeth, as a
priviledge for his first coming, and that euery shipp, coming
after, content himself e with what he shall haue necessary
vse for, without keeping, or detaining anie more to the pre-
iudice of others next coming. And that anie that are possessed
of seuerall places in seuerall harbours with intent to keepe
them all before they can resolue, vpon which of them to chuse,
shalbe bound to resolue, and send advise to such after com-
mers in those places, as expect his resolution, and that within
48 houres, if the weather so serve, that the said after
comers, may likewise chuse their places, and so none receiue
preiudice by others delayes.
5. That no person cutt out, deface, or anie way alter or
change the Markes of anie Boates, or Traine-fEatts, whereby
to defraud the right Owners, And that no person conuert to
his owne vse the said Boates, or Trajnie ffatts, so belonging
to others, without their consents, nor remoue nor take them
from the places where they be left, by the Owners, except in
case of necessity. And then to giue notice thereof to the
Admirall, and others whereby the right Owners may know
what is become of them.
6. That no person doe diminish, take away, purloyne, or
steale anie of the ffish, or Trajoie, or Salt which is putt in Cask,
trayne ffatts, or Cookerome, or other house, in anie of the
Harbours, or ffishing-places of the Countrie, Or anie other
provision belonging to the ffishing Trade or to the Shipps.
7. That no person sett fire in anie of the woods of the Coun-
trie or worke anie detriment or distruction to the same, by
Rynding of the Trees, either for the seehng of Shipps, houlds,
or for Roomes on Shoare, or for anie other vses, except for
the couering of the Roofes, for Cookeroomes to dress their
meate in, and those Roomes not to extend aboue 16 foote in
length at the most.
8. That no man cast Anchor or ought else hurtfull which
may breede annoyance, or hinder the haleing of Seanes for
bait, in places accustomed therevnto.
196 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634.
9. That no person robb the Netts of anie drift boate, or
drouer, for baite by night, nor take away anie baite out of
their fishing boates by their Shipps sides, nor robb, or steale
anie of their Netts or anie part thereof.
10. That no person doe sett vpp anie Tauem for selling
of Wine, Beare, or strong waters, or Tobaco to entertaine the
ffishermen because it is found that by such meanes they are
debauched, neglecting, and poore euiU gouerned men, not onely
spend most part of their shares before they come home, vppon
which, the life and mayntenance of their wife and Children
dependeth, but are likewise in diuers other wayes, as by neglect-
ing, and makeing them selues vnfitt for their Labour, by pur-
loyning and steahng from their Owners, and by makeing
vnlawfuU Shifts to supplie their disorders &c which disorders
they frequently follow, since those actions haue presented
themselues.
11. That vppon the Sondayes the Companie assemble in
meete places, and heare divine service to be said, by some of
the Masters of the Shipps or some others, which prayers shall
be such, as are in the booke of Common prayer.
12. And because that speedy punishment may be inflicted
vpon the offenders against those Lawes, and Constitutions ;
wee doe ordaine that euery of the Mayors of Southampton,
Weymouth and Melcomb Regis, Lyme, Plymouth, Dartmouth,
Eastlow, ffoy, and Barnstaple, for the tyme being may take
cognisance of all complaints made by anie Offendor, against
anie of their Ordenances, vpon the Land, and by oath of
witnesses, examine the truth thereof, awarde amends to the
parties greiued, and punish the Delinquents, by fine and
imprisonment, or either of them, and of their goods, found
in the parts of Newfound Land, or in the Sea, cause satisfaction
to be thereof made, by warrants vnder their hands and
Scales.
And our Vice Admiralls in our Counties of Southampton
Dorset Deuon, and Cornwall, vpon complaint made of anie
of the premisses comitted vpon the Sea, shall speedily and
effectually proceed against the Offenders.
1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 197
Also wee will and ordaine that theise Lawes and ordinances
shall stand in force, and be putt in due execution vntill wee
shaU otherwise prouide, and Ordaine.
And wee doe require the Admirall in euery Harbour in
this next Season ensuing, calling together such as shall be
in that Harborough publiquely to Proclayme theise presents,
and that they also proclayme the same on the Shoare. In
Witness
Their Lordshipps haueing perused, and seriously con-
sidered the Report and Propositions (Mr. Atturney likewise
being present) did fully approue confirme, and ratifie the
same in euery perticular, And did also Order, that the said
Propositions shall be remitted to Mr. Atturney who is hereby
required to cause them to be forthwith ingrossed for his
Majesties Royall Signature (in regard the fishing Season is
now at hand, and then passed vnder the Great Scale of Eng-
land. And afterwards a sufficient number of the Copies
thereof printed to be pubhshed, as well in the seuerall western
Ports of this Kingdome, as in the Newfound Land. . , .
[pp. 451-455.]
[C.S.P. L p. 173-4.]
[324.] Star Chamber, 29 January :
Whereas the Marchants, and owners of Shipping, Marriners Newfound-
land.
and ffishermen, of the Ports of Plymouth Dartmouth and
Barnstaple vseing the fishing trade in the Newfoundland, did
this day by their humble Petition shew, that by virtue of
Letters from the Board dated the 23th of Nouember last, the
Mayors of the said Townes, were required forthwith to send
a man, or two, from each of them to shew reason why the
transportation of fish, and other commodities in ahans bottoms
should not be prohibited, which they obeyed, and stUl attend the
same ; And whereas those that are sent, and employed by
the said Townes, by orders from the Marchants, and owners
of the said Shipps, as also by the instance, and intreatie of
the Inhabitants without the Townes, in the Countrie adiacent,
and elsewhere, that vse likewise the said ffishing trade in the
Newfoundland, haue procured from his Majestic, and the
198 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634.
Board, the confirmation of some good, and wholsome Lawes,
vnder the Great Scale of England, for the better regulating,
and Gouernment of those that Uve there, as also, aU such as
shall hereafter resort thether in the said fishing voyages,
which will be a great charge and hindrance to the Petitioners
should it lye soly vpon them. Now forasmuch as almost
halfe the Shipping, that are employed that way, belongeth
not to the Petitioners but to such as are Inhabitants in the
Countrie, and partes there adjo3ming, and elsewhere, they
besought their Lordshipps for reMefe therein. Their Lord-
shipps . . . did accordingly Order that both . . . should
contribute and beare their partes towards the charge by equal
proportions, according to their Tonnage, shares, and aduenture,
as it shall be assessed, rated or thought fitt by indifferent
men, to be chosen both by the said Townes, and Inhabitants
of the Countrie vseing the said fishing trade. [Anyone refusing
to do so is to be reported to the Board.] [p. 461.]
[C.S.P. L p. 174. J
[325.] WhitehaU, 10 February:
Newfound- Whcras divers principall Marchants of London, the Masters
Wardens, and Assistants of the Trinitie house, and divers
Marchants of the Westerne Ports, were this day called before
the Board to the end that vpon heareing the Allegations and
propositions on aU parts some Course might be aduised on, and
settled for the causeing of aU the ffish, taken by his majesties
Subiects, vpon his owne Coasts or in Newfoundland, to be
bought vpp and taken off, by EngUsh Marchants, and trans-
ported in Enghshe Bottomes onely, and not in fforraigne
Bottomes, as formerly hath beene accustomed. Inasmuch
as vpon debate therof. It appeared that the accomoda-
tion of the said busines could not bee soe speedely effected,
as that the Marchants and ffishermen of the said Westerne
Ports, could stay theire voyage vntiU the issue and Conclusion
therof without sustayneing greate and irrecouerable losse
and damage therby some of them being ah-eadie gone and
the rest readie to put to Sea. In which reguard they were
humble Suitors to the Board, for leaue to sell theire ffish to
1634,1 ACTS OF THE PRIVY COUNCIL (COLONIAL). 199
Strangers, to be transported in theire Bottomes, as formerly
they had beene accustomed. It was therfore thought fitt
and ordered, that the said Merchants and ffishermen, should
be at liberty to sell theire ffish, to Strangers, to be trans-
ported in Strangers Bottomes, for this tyme onely.
[p. 487. II ].]
[326.] Whitehall, 13 February :
A letter to the BaihfEs and Officers of the Customs at New
X • 1 1 I. 1 • • 1 England,
Ipswich, requiring them to make stay of a ship now m the
port, bound for New England, and also to] send upp some
fitt person to attend the Board on ffryday next, authorized
and instructed to showe unto us upon what Grounde, or by
what warrant, or authority the said Shipp and Passengers goe
thither. [p. 488. H 1.]
[327.] WhitehaU, 21 February :
Wheras the Board being giuen to vnderstand, of the frequent New
transportation of greate nombers of his majesties Subiects out
of this Kingdome to the Plantation called New England
(whom divers persons knowe to be ill affected, and discon-
tented, aswell with the CiviU as Eoclesiasticall Gouerment)
are observed to resorte thither, wherby such confusion and
disorder is alreadie growne there, especially in poynt of
ReUgion, as besides the ruine of the said Plantation, cannot
but highly tend to the ScandaU both of the Church and State
here. And wheras it was informed in particular that there
were at this present, divers Shipps now in the Riuer of Thames,
readie to sett Sayle thither fraighted with Passengers and
provision. It was thought fitt and ordered that stay should
be forthwith made of the said Shipps vntill further order
from the Board. And that the seuerall Masters and fEraighters
of the same should attend the Board on Wednesday next in
the afternoone, with a List of the Passengers and Provisions
in each Shipp : And that Mr. Cradock, a Cheefe Aduenturer
in that Plantation now present before the Board, should be
required to cause the Letters Patents for that Plantation to
be brought to the Board. [p. 503. ^ 2.]
200 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634.
New
England.
[328.] Whitehall, 22 February:
An open Warrant directed to Gabriell Marsh Esqr. Marshall
of the Admiralty and to all Captains and Masters of his
Majesties Shipps, officers of his Majesties Customes &c.
Whereas wee finde cause to haue stay made of the seuerall
Shipps, hereafter named, bound for New England and now
lying in the Riuer of Thames, vizt. The Clement and Job ;
The Reformation ; The True Loue ; The EHzabeth Bon-
aduenture, the Sea fflower, The Mary and John, The Planter ;
The EHzabeth and Dorcas, The Hercules of Doner, and
another Shippe whereof one Barnes is Master* Theise shalbe
therefore to will and require you and euerie of you to whome
it shall appertaine, to cause the said Shipps to be forthwith
stayde accordingly And not to suffer them nor any of them
to departe out of the said River, vntill you shall receaue further
order from this Board. [p. 501. Tj 1.]
New
England.
[329.] Whitehall, 28 February : Present :— Lord Arch
Bishop of Canterbury, Lord Keeper, Lord Priuie Seale, Lord
high Chamberlaine, Earl of KeUey, Lord Cottington, Mr.
Comptroler, Mr. Secretary Windebank.
[The masters of the ships stayed by Order of the 22nd] were
this day called before the Board and seuerall particulars giuen
them in charge to be performed in theire said Voyage, amongst
which the said Masters were to enter into seuerall Bonds of one
hondreth pounds a peece to his Majesties vse, before the
Clarke of the Counsell attendant, to obserue and cause to be
duely obserued and putt in execution theise Articles following
\dzt.
1. That all and euerie person aboard theire Shippes now
bound for New England as aforesaid, that shall blaspheme or
prophane the holly name of God be seuerely punished.
2. That they cause the Prayers contayned in the Booke
of Common Prayers estabUshed in the Church of England to
* The Neptune of London, named at the beginning of the next section,
^n 24 March she was again stayed, but on 28 March released. [pp. 555 and
1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 201
be sayde dayly at the vsuall bowers for morning and Evening
Prayers, and tbat tbey cause all persons aboard theire said
Shippes to be present at the same.
3. That they doe not receaue aboard or transporte any
person that hath not Certificate from the officers of the Port
where he is imbarqued that he hath taken both the oaths of
Allegiance and Supremacie.
4. That vpon theire retourne into this Kingdome they
certefie to the Board the names of all such persons as they
shall transport, together with theire proceedings in the
execution of the aforesaid Articles.
It was therefore, and for diuers other reasons best knowne
to theire Lordships thought fitt, that for this tyme they
should be permited to proceed on theire voyage. And it
was therevpon ordered, that GabrieU Marsh Esqr. Marshall of
the Admiraltie, and all other his majesties officers to whome
the said Warrant was directed, should be required vpon sight
hereof to discharge all and euerie the said Shipps and suffer
them to departe on theire intended voyage to New England.
A lyke order mutatis mutandis. Requiring the BaiMffes and
officers of the Customes of the Port of Ipswich to discharge
the fErancis and the Elizabeth, bound likewise for New Eng-
land and stayde by hke warrant within that Port. [p. 519.]
CHARLES I. VOLUME X. (1 June 1634-30 June, 1635.)
[330.] The Committee for foreigne Plantations :
The Lord Arch Bishop of Canter-
bury Earl of Dorset
Earl of SterUng since
added
Lord Keeper Lord Cottington
Lord Arch Bishop of Yorke Mr. Treasurer
Lord Treasurer Mr. Comptroller
202 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634.
Lord Priuy Seale
Earl Marshall
or any fiue of them.
Mr. Secretary Coke and
Mr. Secretary Winde-
bancke
[p. 1.]
[331.] Whitehall, 7 June :
Tobacco. [An open warrant to all Justices of the Peace to aid William
King "to cause to be rooted up and atterly destroyed" all
EngUsh tobacco.] [p- 19.]
[332.] Whitehall, 2 July:
Virginia. Whereas the Board is informed that diverse EngUsh
ships laden with Tobacco in Virginia and other Plantations
of his Majestys Subjects, have taken their course from thence
into the United Provinces of the Low Countryes, and other
foreigne parts and there unladen and solde the same, contrarie
to severall orders and Proclamations, and to the manifest
prejudice of his Majestys service, [it is therefore expressly
ordered that the master, owner, or owners of any ship bound
for the plantations shall before his departure give bond to
return direct to the port of London, and there unload his whole
freight of tobacco]. [p. 27. ^f 2.]
[333.] Whitehall, 14 July :
Virginia. A Letter directed to the Governor and Counsell in Virginia.
Wee sende you herewith a Petition presented vnto vs by
John Woodall an ancient Adventurer and Planter in the
Colonic of Virginia whereby you may well vnderstande what
complaint he maketh of diuerse servants of his who haue the
menaging of his Estate there which he conceiveth to be the
value of a thousand poundes at the least, which they seeke
to convert to their owne vse not regarding the Petitioners
instructions or Commissions, nor their owne Sondes, but with
a high hande execute their owne will and pleasure without
rendring anie iust account of what they doe ; which if it be
true ought in no wyse to be tolerated ; Wherefore wee will
and require you vpon receit of these or Letters, to call all
1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 203
the servanntes of the said WoodaU before you, and also such
other persons whom it may concerne, and throughly to
examine the truth of the Petitioners allegations, and there-
upon to take such speedie and effectual! coursse for his reliefe
therein, as you shall finds to be fit and iust. And so expecting
to receive an account of your proceedings herein.
[p. 84. U 1.]
[334.] WhitehaU, 14 July :
A Letter to the Governor of Virginia. By our Letters of Virginia,
the 16th of August last, wee did autorise and require you not
to permit anie straunges to trade within that Colonic by
Shipping in regarde of the preiudice which doth thereby growe,
and is dayly lykely to increasse aswell to his Majesties Customes
and the shipping of this Kingdome as to the plantation it selfe,
and did lykewise expresly require you to take Bonde of aU
his Majesties Subiectes there that they shall Lande their goodes
here in Englande and not elsewhere ; fforasmuch as wee have
bene informed that our directions in that behalfe haue not
bene put in due execution, but that some strangers haue lately
traded there, and some EngUsh ships laden with tobacco, gone
directly for HoUande, and there solde the same : Wee cannot
but greatly merveyle at youre neglect, especially in a matter
of so great consequence ; and doe therefore againe strictly
charge, and in his Majesties name comande you to see our
aforesayd directions carefully and fuUy executed ; whereof
wee will expect from you a particular and exact Account.
[p. 86. U 1.]
[335.] Whitehall, 19 July:
A Letter to the Governor of St. Christophers. [All the st. Christ-
growth of tobacco of that plantation shall be brought into °^ ^'
England, and there unladed ; for which the Governor will
be held answerable.] [p. 98. ^ 2.]
[336.] WhitehaU, 22 July:
A Letter to the Governor and Counsell in Virginia. Virginia.
Wee haue thought fit hereby to certifie you that his Majesty
of his royal favor, and for the better encouragement of the
204 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1634.
planters there, doth let you knowe that it is not intended that
the interestes which men had settled vrhen you were a Cor-
poration should be impeached ; that for the present they
may enioy their estates and trades with the same freedome
and privileges as they did before the recalling of their
Patentes. To which purpose also in pursuance of his Majesties
gracious intention, Wee doe hereby authorize you to dispose
of such proportions of Landes to all those planters being
freemen, as you had power to doe before the yeare 1625.
Wee haue also thought meet to recommende vnto you in
particular, Captaine William Button in regarde of the services
done by him to the Plantation as wee are informed, and is best
knowne to your selues ; requiring you to allowe him so much
Lande on either syde of the Riuer Apamatock, where it may
be most convenient for him, as hath bene heretofore vsually
granted, for himselfe, and so many servantes as he hath, or
shall now transporte ; And for your further powers ; It is
now had in consideration; And you shall shortly knowe the
Kings farther pleasure. [p. 105. ^ 2.]
[C.S.P. I. p. 185. J
[337.] Whitehall, 24 July :
Tobacco [A warrant to the Justices of the Peace of the county of
Gloucester. William King having found] that divers persons
inhabiting the Townes of Winchcombe, Cheltenham, gutherton
Tewkesbury, Arle Charlton Kinge and Ryple . . . have
at this tyme greate store of Enghsh Tobacco growing con-
trary to his Majestys Proclamation who by reason of their
povertie thinke to be excused, [it is to be at once destroyed.]
[p. 109.]
[338.] WhitehaU, 6 August :
Virginia. A Letter directed to the Gouemor and Councell of Virginia.
[After referring to the letter of 22 July on behalf of Captain
Button, proceeds to] recommend vnto you Adam Thorow-
good Esqr ; whose especiall seruices and industry in those partes,
haue been carefully applyed, to the aduancement of the Plan-
tation, as wee are particularly certified, and your selues weU
1634.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 205
know, so as for his incouragement in his further proceedings
and vndertakinges, wee doe hereby require you to sett forth
and allow vnto him so much land on Chisopahseck Riuer to
the Southward of the Bay, where it may be most conuenient
for him, as haue been heretofore vsually graunted for him-
self e and so many persons as he hath, and shall now trans-
porte ; together with such Priuiledges and immunities as
any haue by the Custome of your Plantation.
[p. 115. •! 4.]
[339.] Hampton Court, 29 September:
An humble Petition haueing this day ben read at the Board Carolana.
in the name of Edward KingsweU Esqr. setting forth diuers
complaints, and greivances against SamueU Vassall of London
Marchant, and one Peter Andrewes his brother in law, Master
of a Shipp, for faileing the Petitioner contrary to Agreements
and vndertakeings made by the said Vassall, and Andrewes
with the Petitioner for the makeing of a Plantation in
Carolana. Their Lordshipps haueing taken the said Com-
plaints into their due consideration, thought fitt and ordered,
that the said Andrewes being already in the Custodie of the
Messenger, shalbe there continued vntDl farther order from
the Board, And that the said Vassall and Andrewes shall
without faile attend the Lords Commissioners at their next
sitting in Councell for fforraine Plantations, at which tyme
the Petitioner is also to giue his attendance, and prosecute
his complaint ; further that Vassall, and Andrewes shall not
depart vntill by their Lordshipps they shalbe discharged,
whereof all parties whom it may conceme are required to
take notice, and to regulate themselues accordingly.
[p. 136. H 1.]
[340.] Star Chamber, 26 November:
[The Lieutenant of the Ordnance is directed to supply Peter Carolana
Andrewes, Master of ship the Mayflower, of about 400 tons
burden, with 30 barrels of gunpowder, to be paid for at the
rate of il. 4s. 'id. per barrell.] [p. 245. T[ 1.]
206 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1635.
New
England.
New
England.
[341.] Wliitehall, 21 January :
John Cuttings Master of the Shipp called the Francis, and
William Andrewes, Master of the EUzabeth both of Ipswich,
[having] according to their llordships Order of the last
of February 1633 [1634] brought a list of the names
of all the Passengers, that went in the said Shipps for New
England, in Aprill following [with certificate that these had
duly taken the Oaths, their petition for the restoration of
their bonds is granted, and Mr. Meautys ordered to deliver
them accordingly.] [p. 336. ^ 3.]
[342.] Whitehall, 18 February :
[A similar petition having been presented by Thomas
Graves, Master of the Reformation, and Nicholas Travill,
Master of the Planter, " on the behalfe of themselves, and
the rest of the Masters of the Shipps that went to New
England in February 1633 [1634]," the Clerk of the Council
is ordered to return their bonds to them.] [p. 401. 1| 2.]
S. VasBall.
New
[343.] Star Chamber, 18 February:
A warrant to discharge Samuell Vassaile from the ffleete.
[p. 394. If 3.]
[344.] Whitehall, 20 March :
A Letter to the Erie of Portland. Whereas wee are informed
Amsterdam, that there lyeth now a Ship of Holland of foure hundreth tuns
at the Cowes bound for the Hollanders Plantation in Hudsons
River, the Officers of which Ship seeke to drawe, as many of
his Majesties subiectes as they can to goe with them
by ofEring them large conditions. fEor the preuenting of
so preiudiciall a course, wee haue therefore thought fit
hereby to pray and require your lordships to take speedy
and effectuall order, that all the Enghsh as well in that Ship
lying there at this tyme as in any other that shall hereafter
come thither or into any of his Majesties Portes, within your
Jurisdiction may be stayed, and none of his Majesties Sub-
iects suffered to serue any foreine Prince or State without
licence from his Majesty or this board which wee earnestly
recommende to your lordships especiaU care. [p. 494. f 2.]
1635.] ACTS OF THE PRIVY COUNCIL (COLONIAL) 207
[345.] Whitehall, 30 April :
[A warrant with general directions states that much Tobacco.
English tobacco is grown in several places, and orders it
to be destroyed.] [pp. 543-4.]
[346.] Starr-Chamber, 12 June :
To the Kings most Excellent Majestie. The humble Petition Tobacco,
of Diuers Marchants and Seamen. Humbly shew to your
Majestie that your Petitioners tradeing for Holland in
Virginea Leafe Tobacco of your majesties CoUonies Growth
&c and sending theire goods thither in Enghsh Shipps, haue bin
much vexed and taken by the Dunkirke men of Warr,
who haue taken the Shipp Roberte Bonaduenture, Shipp
Charitie and Shipp fEortune &c . . . And if any Shipp
Carries Tobacco, they thervpon confiscate Shipp and
goods pretending Tobacco to be Victualls, when by
the opinion of the learned Doctors of Phisick Doctors
of Civill Lawe and Councellors at Lawe of this King-
dome and of ffrance and fflanders it is held to be
noe victual! nor medicinable foode, and soe not Subiect
to confiscation, which if it be suffered, will be the overthrowe
of many your majesties Subiects,'and decay of the Nauigation
of this Kingdome. And although your Royall Majestie was
graciousely pleased to grant your Letters to the Prince
Cardinall for deUuerie of your Petitioners Shipps and goods.
Yet through the meanes of the Judges of Dunkirke such wayes
are wrought that your Petitioners goods are sould for them,
and the Petitioners cannot get theire goods according to your
majesties Request in the said Letters.
[The petitioners now present before the Board further
ask for Letters of Marque ; the case is referred to Sir
Henry Martin for consideration and written report.]
[pp. 612-613.]
208 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1635,
CHARLES I. VOL. XI. (1 July 1635-28 Feb. J 636.)
[347.] Whitehall, 10 July :
Tobacco, [-An order to the Justices of the Peace of Gloucester :
" divers inhabitants within the towne of Winchcombe have
threatened that they will not suffer their sayd Tobacco to
be destroyed." At other places William King has been
violently resisted. " The Constables of the Townes and
Parishes of Cheltenham, Tewkesburie Winchcomb and
Gulferton " are therefore to take sufficient aid, and to root
out the said tobacco.] [pp. 27-8.]
[348.] Whitehall, 10 August :
Virginia. This day Tho. Horwood of Virginia, being sent for by
warrant entered his apearannce and is to remaine in the
Messengers custody till further order. [p. 97. ^ 2.]
Whitehall, 30 September :
A warrant for Tho. Horwood (now close prisoner in the
Gatehouse) to have libertie to goe abroad with his Keeper
for the preparing of his business to be heard before his
Majesty. [p. 124. ^ 3.]
[349.] Star Chamber, 22 Nouember :
Virginia. A Letter directed to the Counsell in Virginia. Whereas
wee are informed that there is in that Plantation one
Thomas Harwood living in the house of WiUiam Horwood of the
same Plantation : fforasmuch as there speciall cause for his
attendance vpon vs here, wee doe therefore thinke fit, and
hereby expresly require you to sende hither the said WiUiam
Harwood in safe custody with the first shipp that shall come
over. [p, 236. ^ 1.]
[350.] Whitehall, 23 December :
S. Vassall. Whereas by the humble Petition of Samuell Vassell
Merchant this Day read at the Boord. Shewinge that vpon
1635.] ACTS OF THE PRIVY CO UNCH^ (COLONIAL). 209
a Complaint made by Edward Kinswell against the Petitioner
and Peter Andrewes, it was ordered Sir Abraham Dawes
Knight and Mr. Edward Nicholas Esqr Clearke of the Counoell
in ordinary should consider of such dammages, as the said
Kinswell should present, and make report thereof vnto vs
which they did, but it is alleadged the Petitioneres were not
heard therein. And for that the said Kinswells demands were
for Servantes and goodes transported to Virginia, as by
Certificate appeares Wee did order the Petitioner and Andrewes
to pay Kinswell Sixe hundred eleaven pounds one shiUinge
and foure pence : But now it is alleadged by the said
Vassall that the said Kinswell not only enioyed all the said
Servantes, and Goodes, but also Converted to his owne vse
17 Servants, and some Goods of the Petitioners for which
as the Petitioner Conceaveth bee receaved at least fower
hundred and fifty pounds so that if the Petitioner pay the
said Sixe hundred eleaven pounds one shillinge and fower
pence KinsweU will not only bee double satisfied for one and
the same thinge ; but also will enioy fEower hundred and ffifty
pounds more of the Petitioneres : And forasmuch as the
Petitioner doeth now ofEer to obey our Order and to pay
Kinswell the said Money, so hee would assigne the Petitioner
those Servantes, and Goods for which hee demaunded the
same ; which hee refusinge to doe, the Petitioner only forbore
payment, and the Petitioner beinge still ready to deposite the
said Money vntill his Cause bee better made knowne : his
humble Suite therefore is that wee would graunt a newe
Ref errence of his Cause to the said Sir Abraham Dawes Knight
and Mr. Nicholas Esq or such others as wee shall appointe,
and that the depositions taken for discovery of the trueth,
may bee veiwed and Considered [The case is referred to Sir A.
Dawes and E. Nicholas again, upon VassaU and Andrewes
depositing QUI. Is. id. as security to abide by the Council's
decision on their report ; on doing which they are to be]
set at liberty, and freed from the Serieant at Armes, the
Messenger and Keeper of the Prison of the Marshalsea.
[p. 299. If 2.]
u
210 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1636.
St.
Christopher.
S. Vassall.
S. Vassall.
[351.] Whitehall, 14 January :
A warrant directed to the Customers and officers of the
Port of Lyme. Whereas Richard Tapper and Henry Stone
Merchantes of Plymouth haue petitioned for leaue to land
about : 12 : Tonn of St. Cristophers Tobaccoe now on Board
the shipp called the Margarett of Plymouth which now rideth
at Lyme forced in thither in coming for the Port of London
by great extremity of weather : 3 : shippes comming in com-
pany with them, being cast away as they alleadge in their
petition which wee send vnto you here inclosed, praying and
requiring you if you find the Information therein to bee true
to giue order that the petitioners or their Assignes may haue
liberty to land the said Tobaccoe in the Port of Lyme they
paying such custome and dueties for the same as is due.
[p. 354. ^ 2.1
[352.] Whitehall, 16 January :
[On the petition of Samuel Vassall for a rehearing of the
case between him and Kingswell by Sir A. Dawes and Mr.
Nicholas], Theire Lordshipps takeing into Consideration that the
Lords Commissioners for Plantations had formerly made
an order in this busines, did not thinke fitt to haue any new
examination for any thing setled alreadie by that order, but
that it should stand in force and vnquestioned. And that the
Petitioners should not trouble the Board any further to that
purpose. [p. 358. ^ 2.]
[353.] Whitehall, 22 January :
[After consideration of the case between Vassall and
Kingswell,] Theire Lordships did hereby authorize and require,
the said Sir Abraham Dawes, forthwith to pay unto the said
Kingswell or his Assigne on that behalfe, the said sume of
61 li. Is. 4d., ffor doeing whereof, this shall be his sufficient
warrant. And touching the fower hundred pounds, whereof
the said Vassall doth demaund an Account from Kingswell
as also concerning the further demaunds made by the said
Kingswell against Vassall, [the Board will give order upon
receipt of the report from Sir Abraham Dawes and Mr.
Nicholas.] [y,p. 378-9.]
1636.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 211
CHARLES I. VOL. XII. (1 Mar. 1636-27 Nov. 1636.)
[354.] Whitehall, 29 April :
Whereas a petition was this day presented to the Board S. Vasaall.
by Roger Wingate gentleman and Dorothie his wife
Executors of Edward Kingswell Esqr Deceased ; Shewing
that the Commissioners for plantations vpon consideration of the
cause between the said Kingswell on the one parte, and Samuel
Vassall and Peeter Andrewes on the other parte ; did the 2 of
July last [authorise the Lord Keeper to issue a Commission
to the former referees to consider the particulars of Kings-
well's remaining claims amounting to 2099L lis. 9>d., but that
Kingswell died after procuring a warrant for this Commission,
leaving the petitioners his executors, who now request that
the suit may proceed in their names and that the Commission
may issue accordingly. The petition is granted and order
given as desired.] [p. 119. last ^.]
[355.] Star Chamber, 11 May :
Wheras an humble Petition hath beene presented to the Virginia.
Board by John Constable Sonne of WiUiam Constable, late
Clerke of his majesties Munition at fHushing of his Garrisson
there. Shewing that the Petitioner haueing heretofore traded
for Virginea and haueing divers debts, oweing to him there,
had lately freighted and laden a Shipp at fflushing for a voyage
to Virginea and was now come over to put in securitie heere,
for the Retourne of his said Shipp and goodes, from Virginea
to the Port of London, according to his majesties late
Proclamation published on that behalfe. But that the fEarmors
of his majesties Customes, of the said Port of London, haue
refused to accept of such Bond as aforesaid in reguard the said
Shipp is to sett sayle from a forraigne Port. [On consideration
of an opinion received from the Farmers of the Customs],
Theire Lordshipps . . . did thinke fitt and order that
the Petitioner should be permitted for this tyme, in
reguard his said Shipp is alreadie freighted, to proceede
on his intended voyage, from fflushing aforesaid, hee first
212 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1636.
entring into sufficient Bond before the officers of his
majesties Customes of the said Port of London, for the Re-
tourne of his said Shipp and goods hither, and for due
payment of his majesties Customes and duties for the same.
[p. 165. last ^.]
[356.] Star Chamber, 31 May:
St. Wheras an humble Petition was this day presented to the
r 9 op eu -g^g^j,^ i^y Nathaniell Cale, Walter Barret, and Myles Collowhill
Marchants. Shewing that theire Shipp called the ffaulcon of
Bristoll being lately vpon her Retoume homewards, from St.
Christophers with aboute 14000 weight of Tobacco sprung a
Leake by the way wherby the said Shipp, with her men and
ladeing, being in greate danger to be lost, were forced to runne
a Shoare, into the Harbour of Kingsale, in Ireland, and from
thence to come afterwards with much hazard into the Port
of Bristoll, where the said Tobacco being almost quite spoyled
with Salte water, was vnladed. The truth of all which
appeareing by good Certiffioate The Petitioners were humble
Suitors that in reguard of the premises, they might be per-
mitted to dispose of the said Tobacco in those parts without
any aduantage to be taken against them or any of them,
vpon the Bonds by them entered into, for bringing
the same to the Port of London [Their Lordships
upon certificate from the Officers of the Customs gave
permission as requested] provided they sell the same
vnto none, but such as are Lycenced vnder the greate Scale
to Retaile Tobacco. [p. 216. last %]
[357.] Ibid.
Barbados. A letter to the Gouernor of the Island of Barbados.
[To ensure the safety of the creditors of Captain William
Birch you are] to informe your selfe what Estate the said
Birch hath in those parts, and in whose hands soeuer you
shall finde any parte of the same, if such partie be soluent,
that then you continue it in theire hands by way of
Sequestration vpon good and sufficient Securitie by them
giuen, to be answerable for the same, when they shall
1636.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 213
be required, or if otherwise you conceiue the parties
in whose hands any of the Estate shall be found, not to be of
themselues sufficient nor able to giue good securitie to answer
the same. That then you cause the said Estate to be put by
way of Sequestration into the hands of such person as shall
be desired by the said Creditors vpon lyke Caution and
securitie as aforesaid. And the same to be soe continued, vntill
you shall haue made CertifRcate vnto vs of your proceedings
herein and what the Estate of the said Birch truly is : and
vntill you shall thervpon receiue further order from vs for the
disposeing therof. [p. 224. last %.]
[358.] Whitehall, 19 June :
[An order similar to that of 10 July 1635.] [p. 226.] Tobacco.
[359.] Hampton Court, 24 June :
A Letter to the Govemour and Councell of Virginia. Wee Virginia.
haue herein sent you the Petition of John WoodaU who
deserveth encouragement for his chargeable and constant
Adventures into that Plantation : Praying and requiring you
to take his Complaint into serious Consideration, and not
onely to cause speedy Justice, either to bee done him there
against such of his Servantes as shall not give him iust
Accompts of his goods and Cattle Committed to them, or other-
wise to send them for England to giue him satisfaction for the
same here, But also to put and establish his new Agent John
Convers in possession of his the said John WoodaUs Estate
there whereby hee may at length enioye the same with quietnesae
and advantage. As concerning his Commoditie of Bees, Wee
conceave it reasonable that hee haue the sole Profifit of those
which are his owne, and the disposinge of them as hee desires
in his Petition, leaving the same to you to take order therein
as shalbee iust, and may bee for the encouragement of him
and other the like Adventurers : Wee haue by former Letters
recommended to your Care this Petitioners Estate which hee
alleageth doeth appeare in your Registers and Bookes to haue
formerly been there adiudged to him. Whereof since the Poore
Man hath not hitherto receaved that effect and Justice Wee
214 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1636-7.
The
Committee
Tobacco.
Newfound-
land.
expected. Wee haue thought good by these our second Letters
to recommend him againe to you for your furtherannce and
assistance in his iust and lawfull requests, praying and requiring
you to take the same into your nearer Care, and to giue vs
such an Accompt (in convenient time) of your proceedings
herein, as that the Petitioner may not haue cause further to
trouble vs with his Petitions on this behalf e.*
[p. 283. last ^.]
[C.S.P. L p. 238.]
CHARLES I. VOLUME 13. (4 Dec. 1636-30 May 1637.)
[360.] The Committee for fforeign Plantations :
Lord Arch Bishop of Canterbury, Lord Keeper, Lord Arch
Bishop of Yorke, Lord Treasurer, Lord Priuie Seale, Earl
Marshall, Earl of Dorset, Earl of Sterling, Lord Cottington,
Mr. Treasurer, Mr. Comptroller, Mr. Secretary Coke,
Mr. Secretary Windebank or any fiue of them.t
[361.] Whitehall, 24 February :
[A warrant directed to Gilbert Hyde, Gent.] Whereas we
are given to understand, that ther is a greate quantitie of
Enghsh tobacco lately brought up to London, out of the
County of Glocester, and that there is more dayly exported
from thence ; [it is to be seized and kept in safe keeping till
further order.] [p. 185. ^ 1.]
[362.] Whitehall, 10 March :
This day his Majesty and their Lordshipps, did heare the
Businesse, touching the Plantation of Newfoundland ; the
Deputies for the west Country being present, and Ukewise
heard ; wherevpon (the lords interresed in the said Plantation ;
Declareing, that they had no intent to abridge the ffishing,
or to restraine them from any Liberties or Priuiledges, which
they had formerly enioyed in the ffishing, but rather to increase
the same) His Majesty with the aduise of the Board, did order ;
* Is this the same Woodall mentioned on 27 March, 1636. " A Warrant
to the Warden of the ffleete to set at liberty the person of John Woodall,
formerly Committed to his Custody " [p. 56] ?
t The same list is given in vol. xv. p. 1.
1637.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 215
that his Sollicitor Generall, shall prepare a Draught of a
Patent for Plantation in Newfoundland, to bee presented to
his Majesty and the Board ; and then to be Communicated to
the said Deputies of the west Country, and their Councell ;
to the end they may make their exceptions to anything therein,
Concerning their fishing, if they shall find Cause.
[p. 235. U 2.]
[363.] Whitehall, 4 April :
A Warrant directed to the ffarmors and officers of his Virginia.
Majestys Customes and to all others his Majestys officers
whom it may concerne.
Whereas John ffarrington John Bradley and Thomas
Jennings on the behalfe of themselues and others the
Adventurers and Planters in Virginea did by their hiimble
petition informe the Board that the officers of the
Custome House in London would not now suffer the petitioners
to transport such Provisions for that Plantation as formerly
they were accustomed (in regard the Pattent for the said
Plantation is called in,) wherein the petitioners made humble
Sute for releife by warrant from the Board : Theis are there-
fore to wiU and require you and every of you whom it may
concerne to permitt and suffer the petitioners to Shipp and
transport such proportions of Powder Shott and other
munitions, As alsoe such Butter meale Candles and all other
necessary provisions whatsoeuer as are provided by the peti-
tioners aswell for supply of the Passengers (now furnished with
Shipping and ready to put to sea) in their Voyage thither, as
likewise for supply of the Cuntrey and Planters : And this
to be performed and allowed vnto them in as full and ample
manner as was wont to bee before the calling in of the said
Pattent : Though not to be vnderstood to extend further
then the present occasion of such Shipps as they haue prepared
in readinesse for this one Voyage. [p. 30L last ][.]
[364.] Whitehall, 19 April:
[John Crewkerne and other deputies for the Western Ports Newfound-
petition that a time be appointed them for presenting to the *°*^'
uxd.
216 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1637.
Board their exceptions against the desired Patent for New-
foundland. The 26th is accordingly fixed for the hearing
and all concerned are to take notice and give their atten-
dance.] [p. 319. H 1.]
[365.] Whitehall, 30 April :
rewfound- [Both parties having been heard with regard to the
proposed plantation of Newfoundland, and the patentees
professing all wiUingness to come to terms] It was
ordered by his Majesty that the said Deputies of
the said Westerne Portes should give Coppies of their
said exceptions and petition vnto his Majestys SoUicitor
generall (being specially intrusted and Charged by his
Majesty with the Care of this Businea, and that a Coppie
of the said Pattent as it now stands, should by him
bee given vnto the said Deputies, to the end that they by
their Councell learned or otherwise, might the better consider
of such Clauses therein as they should thinke to neede
alteration, explanation or addition, and make an other Draught
such as they shall like best to secure themselues from
oppression or Damage, the same to bee Communicated vnto
hia Majestys Sollicitor generall, who is required to heare both
parties with their Councell Learned, and to agree and settle
such Pointes wherein either Side shall remayne vnsatisfied ;
But yf a perfect Agreement betwixt the said Patentees and
the said Westerne Portes shaU not this way bee obtayned,
then his Majestys said Sollicitor to sett downe in writing the
Pointes that shaU Remaine in difference to bee presented to
hia Majesty or to the Board (together with his opinion) for
such fynall order and determination therein, as shall bee
found fittest for the Common good and welfare of aU his
Majestys loving Subiectes whether Planters or ffisshers which
for such ends shall repaire unto or frequent the said Coast and
Countrey of Newfound Land aforesaid : And in the agitation
• of theise things and the Conferrences, and Reportes thus
appointed, touching the same. It was his Majestys speciall
Commaund, That noe time should bee mispent nor protraction
1637.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 217
or delay vsed by the parties, Considering the Season of the
Yeare, soe neare allready and att Hand : Of all which the
parties aforesaid are hereby required to take notice, And
to governe themselues accordingly. [p. 349. ^ 2.]
[366.J Inner Star Chamber, 3 May :
Their Lordships, taking into consideration the Pattent New
graunted to the Governour of New England, did this day Order
That Mr. Attumey generall bee hereby prayed and required
to call in for the said Pattent and present the same to the
Board or the Committee for forraigne Plantations.
[p. 372. II 2.]
[C.S.P. I. p. 251.]
[367.] Star Chamber, 25 May :
A Letter directed to the Governour and Company of all his Virginia.
Majestys Colony att Virginia. Whereas a Petition hath been
presented to Vs in the names of John West esqr Samuell
Matthew, John Vtye and William Pierce, Shewing That they, in
obedience to his Majestys Command given to you the Governor
of Virginia having all of them (excepting onely William
Pierce who came into the Kingdome a yeare past) been sent
as Prisoners into England That since their arrivaU here, the
Petitioners vnderstand by severall Letters from Virginia that
divers of their Goods Cattle and Servants have been seized
on by Order from you the said Governor vpon what
pretences they knowe not, as by the said Petition a Coppy
whereof is here inclosed appeares. fforasmuch as the said
Persons have hitherto (since your last Arrivall in those parts
shewed Obedience to the Commands and directions that have
been delivered to them from hence, and for that they are
here attending his Majestys pleasure for a hearing [those with
whom they have left their servants, goods and cattle are
quietly and peaceably to enjoy the same tiU further order,
and any such goods, servants or cattle which have been taken
are to be at once restored]. And Wee moreover require aswell
you the said Governor as all others whatsoever to forbeare to
vse or suffer any such course or proceedings against any of
218 ACTS OP THE PEIVY COUNCIL (COLONIAL). [1637.
Virginia.
the said Petitioners Estates Servants or Trustees on that
side till further Order from his Majestic or this Boord.
[p. 452.]
[C.S.P. I. p. 252-3.]
[368.] Star Chamber, 25 May :
The Petition of Edward Walker Master of a Ship called
the Ensurance whereby hee humbly desired leave for reasons
therein mentioned to transport into the parts beyond the Seas
fower Tons or thereabouts of Campechia wood brought out of
Virginia being referred by the Board to the ffarmers of the
Custome house London to examine, [and the said farmers
having reported that the said wood] was laden for England
conditionally if it might bee here Landed otherwise to bee
exported . . and the Master of the Shipp was
bound in a Bond of 1,000Z. to returne with his lading from the
English Plantations into England, and did give notice of the
said fower Tonus of Capechia wood to the Oificers, at his
first arrivall, [the Farmers of the Customs recommend that
his petition be granted, which is accordingly done].
[p. 456. II 1.]
Newfound-
land.
CHARLES I. VOLUME XIV. [1 June 1637-28 Feb. 1638.]
[369.] Star Chamber, 25 June :
His majestie being this day present in Councell the
Question in debate betweene the Patentees for the Plantation
in Newfound Land and the Deputies of the Westerne ports
concerning the imposition of 5 : in the hundred to be leauied on
all such sacks of Stranger which shall come and take off
theire ffishes in the Ports there, was debated and settled as
foUoweth. ffirst the said Patentees did consent, that if any
Strangers doe come to buy fish in theire Plantation the said
Imposition of 5 in the hundered shall be leauyed vpon them as
well as vpon those Strangers that trade with the ffisherme.
Which was ordered accordingly. Secondly the said Patentees
doe vndertake that for Releefe of the said ffishermen, because
1637.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 219
the Strangers (as the deputies of the westerne ports doe
apprehend) wiU not come with theire Sacks to take off theire.
ffishe as heretofore in reguard of this new imposition. They
the said Patentees will take off such quantities of theire ffish
yearely from tyme to tyme as vsually they haue sould to
Strangers by a medium of 7 yeares last past which is to be
setled and agreed betweene the said Patentees and the
deputies of the said Westerne ports. And that they the said
Patentees will pay such Rates for the same, and in such
manner as the English which goe thither doe yearely pay and
wiU forthwith giue sufficient security by Marchants of London
for the due performance of the same. AU which was lykewise
ordered accordingly. Lastly it was ordered that the Patent
should be perfected and passed, without any further delay.
[p. 66. last ^.]
[370.] Star Chamber, 30 June :
[The case of the creditors of Captain William Birch, whose Barbados,
goods had formerly, by direction from the Board, been seques-
tered by the Governor of Barbados, having been referred
to Sir Paul Pinder and Sir John Wolstenholme, the Council
approve, and give order in accordance with their re-
port, dated 28 June,] — According to your Lordshipps
order, we haue called before vs the widow Byrch, Ad-
ministratrix Thomas Wannerton, Capt. Hyde, with divers
other Creditors of Capt. William Byrch deceased, and in our
presence vpon the 16th day of May last aswell the said
Administratrix as the said Tho. Wannerton and others on the
behalfe of the Rest of the Creditors did acknoledge to haue
formerly contracted and agreed. That the said Widowe
(surrendering her Administration to the said Thomas Wannerton
for and to the behoofe, of the rest of the Creditors) should haue
one fifth parte of the Estate of her said husband deceased
(the Charges deducted) togeither with the overplus if any
should be. Which Contract being presented vnto vs was againe
acknowledged and confirmed by the said widowe, and Creditors
and Coppies thereof subscribed respectiuely deliuered each to
other. Whervnto we haue thought fitt to add. That the
220 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1637.
said Thomas Wannerton (asigned for the rest of the Creditors)
shall promise to ayde the said Widowe the best he cann if
she shall be troubled with any suite hereafter, for or concerning
the said Administration. And herevpon wee conceiue your
Lordshipps may be pleased to order the Gouemor to deliuer
or cause to be deliuered, aswell all the goods and debts of the
said Capt. Byrch deceased, by him formerly sequestered, into
the hands and possession of the said Thomas Wannerton, or his
Assignes to the vse of the said Widowe, and Creditors afore-
said, according to the tenor and intent of the said Contract.
And alsoe to ayde and assist, the said Wannerton or his
Assignes, in the Recouerie of what els of the said Estate can
be discouered in the Barbadoes or elswher. [pp. 83-84. J
[371.] Greenwich, 9 July :
Newfound- It was this day ordered at the Board, (his Majesty being
present) that the Patentees for the Plantation for Newfoundland,
shall haue their Patent forthwith passed, according as it
hath been directed, by former orders of the Board ; wherein it
is to bee expressed, that the Patentees, shall take of strangers,
that buy of the fish from the fishermen, an Impost of fiue fishes
in the hundrith ; the hundrith of fish, conteyning 120 fishes.
And it is further ordered, that the fishermen of the West
Countrey, before their setting forth from this Countrey, shall
declare to the said Patentees, what quantities of fish, they will
vndertake, to deliuer to the said Patentees, in the Newfound-
land, by a Medium of .7. yeares last past, according to an order
of the Board, of the 25th of June last ; And the said Patentees
are to giue them security here, by sufficient Merchantes of
London, according to the said order, to take off and pay for
the same. And it is ordered, that vntill the same be performed,
the shipps of the said Patentees, shall not bee suffered to departe
hence. And this is to bee performed from yeare to yeare.
[p. 122. last %]
[372.] Oatlands, 6 August :
Virginia. [Upon a petition of the planters and adventurers for Vir-
ginia, they are permitted to] shipp and transport to the Place
1637.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 221
aforesaid as formerly, Powder, Shott and other Munitions, as
also Butter, Meale, Candles, and all other necessary provisions
. according to a warrant of the fifth of Aprill
last. [This permission is to be for this occasion only, and
subject to the consent of the Lord Treasurer, on whom
the petitioners are forthwith to attend.] [p. 171. ^ 3.]
[373.] Oatlands, 27 August:
A Letter to Sir Henry Marten Knight Judge of the Admyralty. Virginia.
Wee send you inclosed a Petition presented vnto vs by Joseph
Sanders Marchant shewing that the Petitioner about a yeare
agoe sent to Virginea in two Shipps Goods to the Valewe of
3500Z. and vp wards reckoning with the same the VictuaUing of
the said Shipps and other Charges, And also sent 83 Servants
to bee employed there And that one Hugh Weston going
Master of one of the said Shipps (in which the Petitioners
ff actors went over who all dyed by the way in that Voyage)
did most dishonestly and vnconscionably take into his posses-
sion (as his owne proper goods all the Adventure and goods
of the Petitioner and his said fEactors and also diverse goods
of other Marchants, causeing the proper and pecuUer Markes
of severall parcells of goods to bee cutt out, and his owne
Markes to bee sett thereon. And that soe soone as the Petitioners
said ffactors were dead the said Weston tooke there Trunckes
wherein their moneyes were into his handes, with all their
Bookes of Account and all their other Specialties and writings
concerning the said Adventure . . . the Petitioner for his
better releife makes humble suite to haue this Complaint
recommended vnto you from this Board, he haveing arrested
the said Weston and being to proceed with him before you.
[If the case prove to be such as is alledged, the petitioner
is to be afforded aU lawful favour; the Judge to re-
port to the Board, and] to Certify what further directions
you conceaue fitt to bee given from the Board for the Peti-
tioners reliefe or for the explary punishment of the said
Weston. [p. 183. «[ 1.]
[To a similar letter sent to the Governor and Council of
222 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1637.
Virginia.
Providence
and
Henrietta
Islands.
Virginia is added a postcript, which has been erased, with
the marginal note " Postscript Vacat." It reads as fol-
lows] : fEorasmuch as at the signing hereof wee are informed
that the said Weston is arrested here, Whereupon wee have
recommended the Busines to the especial care of the Judge
of the Admyralty : You are therefore to seize and cause to
remayne in safety and forth-coming such goods and servants
as you shall finde to belong to the Petitioner, And to make
retourne to the said Judge of the Admyralty here.
[pp. 183-4.J
[374.] Hampton Court, 19 September :
A Letter to the Governoxir and Councell of Virginia.
Whereas Lawrence Evans Merchaunt this last yeare sent for
Virginia, in the Rebecca, the George and the HopeweU whereof
were Masters Richard Buckham, Robert Page and William
Smith, not onely divers Servaunts but Goods to the value of
Two thousand pounds and a ffactor who being Imbarqued
in one of them died by the way, wherevpon much of his Goods
were embezeled by the said Masters and their Mariners, and
the residue were deUvered to one Francis Poeties another of
his ffactors there, to whome having consigned the aforesaid
Servaunts and Goods in case his said ffactor should dye at
Sea, the said Poetres signifies by his Letters to Evans that the
parcells of Goods receaved by him came farre short of the Bill
of Lading, and returnes him but One hundred and fifty pounds
in Commodities for his said 2000L [Their Lordships there-
fore refer the petition of Evaias to the Governor and
Council, with strict injunctions to examine thoroughly into
the matter.] [p. 220. If 2.]
[C.S.P. I. p. 258.]
[375.] Hampton Court, 29 September :
The annexed Petition of the Right honourable the Earle of
Holland, touching the Islands of Providence and Henrietta,
together with divers other Isles lying betwixt the degrees of
6 and 24, from the Equinoctiall Lyne in Northerly latitude,
and betweene 290 and 310 of Longitude being this day
presented to his Majesbie, sitting in CounceU and read at the
1637.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 223
Boord, It was Ordered that the same should bee referred to
the consideration of the Lords and others Commissioners for
Plantations, who are prayed to meete vpon the second Tuesday
in the next Terme at Whitehall, and to call thither vnto them
Sir Henry Martin Knight Judge of the Admiralty, and Mr.
Atturney generall, and vpon advice and debate of the par-
ticulers contained aswell in the said Petition, as in the Paper
thereto annexed, to certefie to his Majestic, whether all or
what part thereof they conceave may bee fit to bee graunted.
[p. 228. last ^.]
[C.S.P. I. p. 258.]
[376.] Hampton Court, 29 September :
Vpon a Petition presented to the Boord in the name of Virginia.
William Peirce, shewing that about 18 moneths since, hee
came into England from Virginia, in which time there was
a Complaint made to his Majestic against the Petitioner and
others. Whereupon, his Majestys Atturney generall, hath of
late exhibited an Information in the Star chamber, to which the
Petitioner hath answered, and been examined vpon Interroga-
tories, and wilbee ever ready to abide such order as shalbee
given vpon hearing of the said Cause. And having spent the
meanes he brought over with him, soe as hee is vnable to subsist
here any longer, besought their Lordshipps to give him Licence
to goe backe into Virginia, for some short time, to make his
Provision, and to settle his Estate there, which is in danger
to bee lost, to his vtter mine, having noe other meanes to
maintaine himselfe, his wife and Children. It was this day
Ordered that the said William Peirce putting in good Security,
in the Sum of one thousand pounds before Mr. Goad Deputy
Clerck of the Star chamber, to appeare and attend in his
Majestys Court of Star chamber at such day as his Majestys
Atturney generall shall appoint and set downe, shalbee per-
mitted to repaire into Virginia for the better disposing of his
affaires there. [p. 230. last %]
[C.S.P. I. p. 258.]
[377.] Ibid.
Margaret and Elizabeth Gates Daughters of Sir Thomas Virginia,
224 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1638.
Gates Knight and Margaret Gates the Widdow of Anthony
Gates Sonne of the said Sir Thomas, [set forth that there are]
certaine moneys due vnto Captaine Thomas Gates deceased,
Sonne of the said Sir Thomas, for his Services in the Voyages
to Cades, Rez, and Rochell in which Service by a Cannon shot
hee lost his Ufe. . . . Being destitute of meanes to re-
lieve their wants, or to convey them into Virginia where their
father Governor of that Isle died, and left his Estate in the
hands of divers Persons who have ever since vnlawfuUy
detained the same, [they besought speedy payment of the
moneys. The Lord Treasurer is prayed to give order for
speedy payment]. [p. 231. ]f 3.]
[C.S.P. IV. 182.]
[378.] Star Chamber, 18 October :
Virginia. A Letter to Sir John Haruy Knight Gouemor of Virginea.
We send you inclosed a petition presented to this Board by
John Woodhall a Planter there wherby he hath represented
vnto vs, what Care and Expedition you haue vsed, (according
to our Letters of Recomendation on that behalf e) in doeing
him Justice against such persons as had preiudiced him in his
Estate there, or detayned any parte therof from him, for
which your readines and good Endeavours, expressed in pur-
suance of the directions of this Board, we take very well at
your hands, and doe hereby retourne you thanks for the same
praying you to continue your Care, towards him for the better
preservation of his Estate from the lyke Inconveniences here-
after ; And further we doe thinke fitt, that for the Petitioners
particular Releefe in this Case, he be lycenced to transporte,
and make sale of his Stock of Cattell, according to his petition
to such other English Plantations thereaboutes as may be most
aduantagious vnto him. [p. 307. If 1.]
[379.] Whitehall, 12 January :
Bermudas. Whereas a petition was this day presented to the Boord
in the name of the Governor and Company of London for the
plantation of the Summer Islands shewing That whereas there
1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 225
being lately wrecked upon the Coast of the said Summer Islands
a small Spanish vessell whose lading was Logwood to the
quantity of about 100 Tunnes (as they are informed) the same
hath been recovered out of the Sea by the Governor there
resident at the greate charge and expence of the said Com-
pany which said Commodity (as they beleeve) the Governor
there will lade vpon the shipp or shipps sent by the petitioners
this yeare for bringing the Crop of Tobacco of those Islands for
the Port of London, fforasmuch as the Petitioners vnderstand
that the importation of Logwood is prohibited (whereof they
conceaue the Governor there is ignoraunt) And for that also
the Adventurers are bound by ObUgation to bring the said
Tobacco to the port of London onely in respect of the Customes
due vpon that Commodity. The petitioners besought their
Lordshipps, that since it is impossible for them in this Case
to avoid one of the Inconveniences aforesaid, to graunt them
Licence for bringing in of the said Wood, and Libertie for
transportation of the same within 1 2 moneths, and the rather
for that it fell by such an accident to the Petitioners who other-
wise would not haue permitted the same to bee done :
[Their Lordships, in view of the special circumstances, gave
order accordingly.] lP- 507.]
[C.S.P. L p. 261.]
CHARLES I. VOLUME XV. (1 March 1638-29 Dec. 1638.)
[380.] Whitehall, 14 March : Present : — The Kings most
Excellent Majesty, Lord Arch Bishopp of Canterbury, Lord
Keeper, Lord Treasurer, Lord Priuie Seale, Lord Marquis
Hamilton, Lord Chamberlaine, Earl of Northumberland,
Earl of Dorsett, Earl of Salsbury, Earl of Holland, Lord
Cottington, Lord Newburgh, Mr. Treasurer, Mr. Comptroller,
Mr. Secretary Coke, Mr. Secretary Windebanke.
His Majesty and the Board, did this day take into Con- Tobacco,
sideration, the businesse of Tobacco ; And finding, that it will
bee impossible for those, whose Stock and seruice, his Majesty
15
226 ACTS OF THE PETVY COUlSrCIL (COLONIAL). [1638.
is pleased to commaund, for the Regulating of the Trade of
Tobaccoe, and increase of his Reuennew by that Commodity ;
to master so great a worke, without a power to Reduce the
vast quantities of Tobaccoe, which now are planted vpon euery
severall plantation, to some reasonable proportion ; and to
doe diuers other Actes, of as great a consequence for the
setling of the businesse. And in regard it cannot bee done,
without treating with the seueraU Marchants, and owners
liueing here, and in other parts of this Kingdome, who haue
interrest in the said Plantations. And also, because they,
who are ingaged in the woorke, haue yet no power to call so
many seuerall men together, or to treate with them effectually
in it, for the aduancement of his Majestys seruice, which not-
withstanding, the time of the yeare requires, to bee done with
all expedition, and before the Patent cann bee passed ; by
which they shall haue power to effect it otherwise. It was by
his Majesty with the aduise of the Board, thought fitt and
ordered, That all those, whose Stocks and seruice, are
ymployed in the said Trade, or so many of them, as shall by
them, bee thought conuenient, shall bee hereby authorised,
to call before them, all, or so many, as they shall thinke fitt,
of the Merchants, oweners, and Planters, and Masters of
Shipping, as haue interrest in the severall Plantations, and are
here now resident, in or neare about this Citty ; whether
they bee Inhabitants here, or dwelling in other parts of the
Kingdome ; To treate with them, about the Regulation, Plant-
ing, Condition, and makeing vp, and generally, whatsoeuer
may concerne the quaUytie, quantity, or price of the Tobacco,
which shall bee brought from the Plantations for the future.
To doe as much as may bee done here ; to reduce them to
a reasonable quantity, and more vendible proportion for the
time to come ; and agree on such a price, as may bee both
for the good of the Planter, and the aduancement of the
seruice vndertaken ; To informe themselues, which way, the
plantations may hereafter bee serued, with those necessary
Commodities, which they wannt, at such reasonable Rates,
as may both giue them a better subsistance that way, then
1638.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 227
they haue formerly enioyed, and preuent the miseries, which
heretofore haue fallen vpon them. And generally to treate
with them, on all such heades, and to informe themselues, in
all such particulars, as may eyther giue them light, how to
instruct their Agentes, who shall bee hereafter sent to the
seuerall Plantations, to treate with such as Inhabite there ;
or to facillitate the setling of the businesse here ; All which,
and what els shall bee necessary, for that seruice, they are to
doe, as Agentes, appointed by his Majesty and this Board, for
the aduancement of his Majesties seruice, and are authorised
hereby to that effect. Hereof all persons, whom it may con-
cerne, are required to take knowledge, and to conforme, and
gouerne themselues accordingly. [p. 26. ^ 2.]
[381.] Whitehall, 30 March :
It was this day ordered for reasons importing the State best New
knowne vnto theire Lordshipps. That the Lord Treasurer "^ ^^
of England shaU take speedy and efEectuaU order, for the
stay of eight Shipps now on the Riuer of Thames, prepared
to goe for new England : And shall lykewise giue order for
the putting on land, of all the Passengers and provisions
therin intended for that Voyage. [p. 46. ^ 2.]
[382.] Whitehall, 31 March :
A Letter directed to the Gouernor of the Barbadoes. Barbados.
Whereas Mr. Courtine and Mr. Munsey, haue by their humble
petition, informed the Board ; that Sir William Courteene, the
father of the one, and Mr. Munsey husband to the other, vsed
much endeuour, and were at great Charge, for the aduance-
ment of that Plantation ; and did employ one Capt. Powell
whom they fournished with monies and prouisions of good
valew, from time to time, on that behalfe. And that the said
Capt. Powell, being lately dead, his Executors haue taken
into their Custody, and possessed themselues of the Estate and
goodes there, belonging to the petitioners and onely managed
by the said Powell, in trust for them ; wherein the petitioners,
228 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638.
humbly besought the Board for Releefe. Wee vpon Consider-
ation had thereof, finding the petitioners Case (if it bee such as
is informed) fitt to bee releeued, Haue thought good hereby,
to recommend it to your especiall Care, to giue eflectuall order,
that the petitioners Agentes, may receaue lawfull assistance
and Countenance in the prosecuting of the recouery of the
petitioners Goodes and Estate, belonging to them there, as
you shall find the iustnesse of their Case to deserue ; so that
others, may not bee discouraged hereafter (by such persons
as they employ) to further and aduance Plantations, or ;
workes of Mke kind. [p. 55. T| 1.]
[383.] Whitehall, 1 April :
jd-g^ Whereas by order of the 30th of March last, the Lord
England. Treasurer was prayed and required to giue order for the stay
of : 8 : Shipps prepared for New-England : fforasmuch as the
Board was this day informed that there are diverse other
Shipps bound or prepareing to goe for New-England aforesaid ;
of which some being allready stayed, It was further ordered,
by his Majesty with the vnanimous consent of the whole
Board, That the Lord Treasurer shall bee hereby prayed and
required to take effectuall order for the stay of all Shipps
now discovered to bee bound for New-England, or that shall
hereafter bee discovered to bee prepared or to intend to goe
thither, vntill further order from the Board : And that his
Lordshipp cause the Passengers and Provisions to bee put on
Shoare, as was directed touching the said 8 Shipps.
[p. 62. 11 2.]
[384. J Whitehall, 6 April: Present :— The Kings most
excellent Majestic, Lord Arch Bishop of Canterbury, Lord
Keeper, Lord Treasurer, Lord Privy Scale, Lord Duke of
Lenox, Earl Marshall, Earl of Northumberland, Earl of
Salisbury, Lord Cottington, Lord Newburgh, Mr. Treasurer,
Mr. Vice Chamberlayne, Mr. Secretary Coke, Mr. Secretary
Windebanke.
1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 229
His Majestie and the Board takeing this day into Con- New
sideration, the frequent resort to New England, of diverse "^^'^ '
persons ill affected, to the Religion established in the Church
of England, and to the good and peaceable Goverment of this
State ; However vpon the humble petition of the Marchants,
Passengers and owners of Shipps now bound for New Eng-
land, and vpon the reasons by them represented to the Board,
his Majestie was gratiously pleased, at this time to free them
from a late restraint, and to sett them at Libertie to proceed
on in their intended voyage : Nevertheles, his Majesty well
knowing the factious disposition of the People (for a great
parte of them) in that Plantation, and how vnfitt and vn-
worthie they are of any support or Countenance from hence, in
respect of the great disorders and want of Goverment amongst
them, whereof sundry and great Complaints haue beene
presented to the Board, and made appeare to bee true, by those
that being well affected both for ReUgion and Goverment
haue suffered much losse in their Estates by the vnruly and
factious partie, did thinke fitt and order That Mr. Atturney
Generall shall forthwith draw vpp a Proclamation expresseing
his Majestys Royall pleasure to prohibite all Marchants, Masters
and Owners of Shipps from henceforth, to sett forth any shipp
or Shipps, with Passengers for New England, till they haue
first obtayned special! Lycence on that behalfe, from such of
the Lords of his Majestys most honourable Privy CounceU,
as are appointed for the Businesses of fforraigne Plantations,
by SpeciaU Commission. [p. 79. ^1.]
[385.] Whitehall, 6 April : Present : — ^Archbishop of Canter-
bury, Lord Keeper, Lord Treasurer.
[■petitions having been presented] in the names of the New
England.
Marchants Passengers, Masters and Owners of shipps bound
for New England, [their Lordships, for the reasons expressed
therein], as also for other good causes falling within their
Lordships grave and wise Considerations, . . thought
fitt and orderea that the said Restraint should bee
taken off . . . And that for this one voyage, as well
230 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638.
the shippa and provisions, as also the passengers thereon
depending should be cleared and suffered to proceed in their
intended Journey on such Termes and Conditions only as
they were formerly subject unto before the time of their late
restraint and noe other. [p. 86. ^ l.J
New
England.
Virginia.
[386.] WhitehaU, 10 April :
A Passe for Nehemiah Bourne of the parish of White
Chappell White Baker to Travayle into the partes of
America : with a Clause to the Searchers touching prohibited
goods. [p. 81. ^ 2.]
[387.] Whitehall, 17 AprU :
A Letter to the High Sherriffs and Justices of Dorsettshire
and Hampshire. Whereas wee are informed of the great and
secrett abuses committed in that Countie and other the Westerne
partes, by the Company of New England and such as send
Commodities thither who vnderhand provyde and secrettly
transport extraordinary quantities of Wheate, Beanes, Butter
Beere, Cheese Bacon and Uke Provisions to the great
preiudice of the Poore thereaboutes, and the inhaunceing of
the Prices of those Commodities, whereof wee haveing taken
Consideration, haue thought good hereby, to recommend it
to your especiaU Care to take notice of the same, and to cause
diligent Search to bee made for all such provisions as afore-
said, and that you take view and make stay of all such Com-
modities of Victuall as shalbee found prepared to bee trans-
ported, in manner aforesaid ; And to make Certificate to the
Board, of what quantity and value they are, and to whom
they doe belong and in the meane time, to stay them in safe
handes till you receiue further directions from vs.
[p. 99. ^ 3.]
[388.] Inner Star Chamber, 4 May.
Whereas the Planters in Virginea did by their Petition
represent that having brought such goodes as might furnish
and supply their occasions at their arrivall here they found
1G38.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 231
a prohibition of Trade except to some particuler men, who will
not giue a price whereby the Petitioners may subsist and pro-
vide for their necessities here or maintaine their ffamilies in
Virginea. And therefore besought their Lordshipps that those
men who are appointed buyers may either giue the same rates
for the Petitioners Commodities as they gaue for the first
shipp, or that the Petitioners may bee left to a free trade paying
his Majestie the same Custome and Impost (Vizt 4d. per pound)
as formerly they haue done. Their Lordships taking the same
into consideration did Order that a Coppy of the Petition
should bee delivered to the Agentes for Tobacco who are to
consider of the particulars and returne their Answere to the
same in writing to the Boord betweene this and Wednesday
next. [p. 164. ^ 2.]
[C.S.P. I. p. 273.]
[389.] Whitehall, 10 May :
A Passe for Thomas Hawkins of White Chappell Carpenter New
to goe into the parte of America called New England, and to
take with him his Trunck of AppareU and other necessaries
with the ordinary Clauses for searching. [p. 184. ^ 2.]
[C.S.P. I. p. 274.]
[390.] Greenwich, 12 June :
A Letter to Sir John Haruey Knight Gouemor of Virginia. Virginia.
Wee send you inclosed a Petition with an affidavit annexed
presented by Richard Ell Mariner whereby you will more at
large perceaue the State of his Case and humble Suite vnto vs ;
Whereof wee hauing taken consideration, finding that the
default of planting the landes mentioned in the Petition,
within the tyme lymited by the Graunt thereof by you made
vnto him, proceeded from the breach of Trust of one Thomas
Stegg a Merchant now resident there, vnto whome the
Petitioners had written and giuen order for building and
planting vpon the said landes, and had left meanes with him
there on that behalfe, and that the petitioner being himseKe
imployed in a voyage to Guiana was inforced to stay abroad
Aboue a yeare longer then he expected, whereby he could
232 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638.
New
England.
Tobacco.
not vnderstand of the neglect of the said Stegg in not
planting his said landes according to the order giuen him as
aforesaid ; [the time is therefore to be extended for three
years.] Ip- 265. ^ 1.]
[391. J Whitehall, 27 June :
Vpon readinge of a Certificate returned to their Lordships
from the Sub Committees for forraigne Plantations, vnto
whom their Lordships had formerhe referred the heareinge
and examininge of the Complaints made by John Michell a
Minister and divers other poore people conceminge certaine
moneys due vnto them from Sir fferdinando Gorges Knight vpon
his adventures to Laconia and vpon readinge of a former
Certificate made in the busines by Sir John Wolstonhoimo,
and Sir Abraham Dawes, who had by order from their Lordships
examined the Bookes and accompts of the Adventures to
Laconia concerninge the same ; fEorasmuch as it appeared
by the said Certificates that there are moneys in arreare and
due from Sir fEardinando Gorges vpon his said Adventures
which ought to goe to the satisfaction of the poore petitioners
and without which they could not be satisfied. It was there-
vpon thought fitt and ordered that the said Sir fEardinando
Gorges should be required and enioyned forthwith vpon sight
hereof, to make payment of the said Arrears, vnto the Clark
of the Councell Attendant, appearinge by Certificate vnder
the hand of Thomas Ayres Clarke and Register to the said
Adventurers to be 254:1. (whereof the said S' fEardinando
Gorges hath payd onlie 101.) which money is to be distributed
and payd vnto the said poore people proporcionabhe accordinge
to the several! somes due vnto every of them respectiuely.
[p. 300. last %]
[392.] Ibid.
[Resistance having been made in the Coimty of Gloucester
in a riotous and tumultuous manner to the destruction of
Enghsh tobacco, the Justices of the Peace of the County are
sharply reprimanded, and urged not again to be remiss.]
[p. 308. II 1.]
1638.] ACTS OP THE PR^VY COUNCIL (COLONIAL). 233
[393.] Whitehall, 20 July :
Vpon the humble Petition of WiUiam Piers Master of the New
shippe called the Desire Shewing that the Petitioner with ^°^'^'^'
diverse others inhabiting in New England, did lately arryve
in the Port of London in the said shippe being wholy built
in New England, whither the said Master doth nowe desire to
retorne in the same, and did therefore desire the leave of the
Board according to his Majestyes late Proclamation, and to
transport such Passingers and their necessary provisions of
Howshold, as by true Certificate shalbe qualified according
to the Tenor of his Majestyes former Proclamation : [leave
is accordingly given] Provided that the said Certificates
of the Passingers be first brought to the Clarke of the
Councell attendant, to be by him allowed, and that they
doe transport noe other Passingers or Provisions but such as
shalbe soe allowed. [p. 341. f 2.]
[394.] Theobalds, 22 July :
A Letter to the Governor and Coimcell of Virginia. Whereas
a petition was preferred vnto vs by Captaine Samuell Mathewes
complayning of the vniust Seasure and Sequestration of his
whole Estate in Virginia in his absence by Order from you
the Governor, which petition wee did referre to the Sub Com-
mittee appointed by vs, whoe haue made a Report vnto vs
therevpon, a Copie of which petition and Report wee send
you lykewise here inclosed. Wee haue thought fitt and ordered
for the reasons expressed in the said Certificate, And doe
accordingly hereby will and require you without any delay
or Excuse whatsoeuer to cause our former Letters of the
25th of May. 1637. to be duely performed and putt in
Execution And that you cause aU and every the Servauntes
Cattle and goodes whatsoeuer of the said Captaine Mathewes,
which haue at any time since his comming thence, bene taken
out of the Custody of any the persons, with whome hee
entrusted or left his Estate, to be immediatly vpon the Receipt
hereof entyrely restored backe vnto Thomas Bernard, and
Humphry Uoyd gentleman resident there, or either of them,
234 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1638.
together with all such Encrease wages and advantages, as
haue arysen and resulted from any of them in the meane time,
And in Case Thomas Hill mentioned in the said Certificate
shall vpon the administration sued forth here out of the Pre-
rogatiue Court, procure any Order or Decree against the said
Captaine Mathewes from Sir Henrie Martin, judge of that
Court, to whome wee haue referred that Cause as most proper
for him, Wee haue given direction to the Clarcke of the Councell
now attending to take sufficient Bond of the said Captaine
Mathewes with Security to make good and satisfy any such
Order or Decree, which shalbe made by vs or any other to
whome wee shall referre it, vpon Complaint to be made here
by any other person against him the said Captaine Mathewes,
whiles he shall remayne here in England by our Commaund
and direction : Hereof you may not fayle : [p. 343. last ^.]
[395.] Theobalds, 22 July :
Virginia. -^ Letter to the Governor of Virginia. Whereas this petition
enclosed was presented vnto vs by Ambrose Harmar an In-
habitant of Virginia concerning the Custody of an Ideott Sonne
of Richard Bucke Minister, graunted vnto him by his Majesty,
and afterwardes assigned to him by a Commission out of the
Court of wardes, whereof he complayneth that he cannot enioy
the fruict, in regard you doe deteyne the said Com-
mission, and pretend a power in your selfe to dispose of
the Ideot by vertue of your owne Commission : And whereas
there hath bene presented vnto vs a Certificate vnder the
handes of his Majestys Attorney generall and his Attomye
of the Court of Wiardes declaring their opinions, that the
Custody of any Ideot in Virginia belongeth to his Majesty,
and is in his dispose according to the Lawes of this Kingdome,
a Copy of which Certificate we haue likewise sent you : Wee
haue therefore thought fitt to pray and require you, without
all further delay or excuse, to giue order that the said
Harmar may haue the tuition of the said Ideot and his Estate,
And that Mr. Rich. Kempe may render him a iust accompt of
the estate of the said Ideot any way come to his handes, and
1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 235
«
deliver the same over into the handes of the said Harmar,
whereof you may not fayle. [p. 344.]
[396.] WhitehaU, 27 July :
A Letter to the Governor and Councell of Virginia. Virginia.
Whereas a petition was moved at the Board on the behalfe
of John Woodcoeke of London Merchant, who having adven-
tured the greatest part of his estate into Virginia is in danger
to loose the same by reason that his fEactors, as likewise diverse
of his debtors are dead. [You are enjoined to aid him and
his agents in every way.] And to this wee are the rather
induced, because wee understand that Mr. Secretary Coke
having heretofore written to you the Governor to this pur-
pose. Not only there was nothing effected for the Releife of
the poore man, but you did not soe much as give an Aunswere
to Mr. Secretary. [p. 348. ^ 3.]
[[C.S.P. L p. 281.]
[397.] Oatlands, 27 July:
A letter directed to the Gouernor and Counsell of Virginea. Virginia.
Wee send you inclosed a petition presented to this Board
in the name of Lawrence Evans Marchant Complayning of
a great and foule abuses donne vnto him by one ffrancis
Poetris resident in Virginea which by the said petition you
may att large perceave fforasmuch as the matters in the said
petition complayned of yf the allegations therein vpon
examination shall appeare to bee true seemeth to vs to bee very
fowle and iniurious [the matter is to be examined, and if
the truth of the petition shall appear, the Governor and
Council are ordered] to afforde him your best helpe and
assistance for the recovery of his goodes and debtes vniustly
deteyned by the said Poetris, and to take order that his
BiUs of debt mentioned in the said petition may bee re-
delivered and his fEactors not molested for the tyme to come
by the said Poetris. [p. 357. If 1.]
[398.] Oatlands, 29 July :
A Letter directed to the Gouernor and Counsell of Virginea. Virginia.
Whereas two petitions were presented vnto vs, in the name
236 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638.
*
of the Planters and Traders to Virginia, complayning of some
restraintes and Impositions lately putt vpon them by you the
Gouernor there, which petitions wee did referre to the Sub
committee for fEoraigne Plantations who made Certifficatt vnto
vs therevpon, which Certifficatt wee doe well approve of, The
copies of which petitions and Certifficatt wee send here inclosed
Wee have therefore thought fitt hereby to pray and require
you the Gouernor and Counsell there to deale with such
particular fit persons, who for the profitt, and benifitt which
they may reape thereby ; may bee induced to build Storehouses
for receite of the Marchantes and Planters goodes, and when
that is donne wee shall like very well that you shall order
aU Marchantes, Planters Masters and owners of Shipps to vnlade
all their goodes att James Towne, and not before, bycause it
may otherwise turne to the ruine of the Traders and spoile
of their goodes, and in the meane tyme wee pray and require
you to permitt them to land their goodes in such places as
shalbee for their owne convenience. And whereas there hath
been taken a Proportion of Powder and A munition of every
Ship that commeth into that Country wee like very weU that
the same should stiU bee continewed bycause there may bee
good vse made thereof for the provision and defence of the
Country, but withaU wee pray and require you to sende vs
a particular accounte thereof for three yeares last past how
the same hath been ymployed, and what provision thereof
remayneth and in what places As for the six pence taken of
every person coming thither and two pence of every hogshead
of Tobacco being exacted in SterUng money not there to bee
had without extreame difficulty and inconvenience as by the
said Certifficatt appeareth Wee doe pray and require you
to suspend the taking thereof vntil vpon your aunswere to
the said petitions, wee shall give further order therein
Prouided nevertheless that the owners or Masters of Shipps
doe give Bond for payment thereof, if vpon your aunswere
wee shall order the same to bee paid, and generally wee doe
recommend vnto you to see the said Certifficatt observed and
exequuted. ^ 356.]
1638.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 237
[399.] WhitehaU, 31 July:
A letter directed to the Governor and Counsell of Virginea. Virginia
Whereas John Woodall an antient Planter in Virginea hath
declared vnto vs by his humble petition the good and redy
Justice in his personall estate,, which he hath receaved from
you vpon our former letters to you on his behalfe, and hath
further shewed vnto vs, that there is a division of Land
belonging to him as well in reguard of the Estate of Sir
Samuel Argall which he purchased as in respect of his owne
adventure being a thousand pounds laid out many yeares
since. Wee have thought fitt to pray and require you to
assigne him out such a proportion of land as belongeth to him
of right in the foresaid reguards and to pass the same to him
by Pattent or such other way as is accustomed there and fitt
for the condition of that place. [p. 358. last ^.]
[400.] Ibid.
[A letter to the Governor and Council of Virginia, recites Virginia
the former order concerning William Pierce] to the end the
said WiUiam Peirse behaving himselfe peaceablie, may have
libertie without trouble or molestation to follow his affaires
there, and to returne againe for England according to the
tyme prefixed for his attendance in the Starr Chamber here.
[p. 366. 1| 1. repeated p. 373 ^ 2.]
[401.] Oatlands, 5 August:
Whereas an humble Petition was presented to the Board Virginia
in the name of the Masters and owners of the Shippe called the
True Love of London, Shewing, That they had fully fraighted
the said Shippe both with Passengers and goodes to bee
transported for Virginia and ready to putt to Sea. And
therefore humbly desired theire Lordshipps to giue the hke
order for the Cleareing of theire Shippe, Menne, and goodes,
as was given for those other Shipps lately gon to Virginia,
Theire Lordshipps vpon consideration had thereof, doe
accordingly hereby pray the Lord Treasurer, to giue the Hke
238 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638.
order for the cleareing of this Shippe, as hee lately did for the
Shipps, the Rebecca, the Globe, and the Honor of London.
[p. 368. last %]
[402.] Oatlands, 5 August:
Virginia. [A Similar order is given in reply to the petition of]
Thomas Jennings, John ffarrington, John Bradley and others
Marchantes, Shewing that they are prepareing and lading
three Shipps to goe for Virginia, vizt : The ffreindshippe
whereof Leonard Betts is Master The George whereof Patrick,
Canada is Master and the John and Barbara whereof John
Barker is Master furnished with provisions of Bedding, Lynnen)
Wollen, Shoes, Candles, Stockins, Apparrell, Powder, Shott,
Butter, Cheese and divers other necessaryes for theire Plans
tations theire ; which Shipps will bee very shortly ready to
putt to Sea. [p. 369. ^1.]
[403.] Ibid.
Virginia. Vpon an humble representation and Petition heretofore
made by the Commissioners for the plantation of Virginia
authorised by a Commission of the 27th of June Anno :
and this day read att the Board (his Majestie being present —
These Articles following were agreed vpon for the future
gouernement and ordering of the said Plantation.
1. ffirst. That a Commission bee granted vnder the greats
Seale of England to a President and Twenty fower Councellor
to bee nominated by his Majestie and to bee made members of
the said Company, and to reside in or about London, for the
gouerneing and manageing of the affaires of the said Plantation
of Virginia.
2. That the said President and Councell may haue power
to giue Instructions for the gouernement in generall of the
Plantation vnto the Governor, Councell and Mayne Body of
the people in Virginia, which said Instructions being trans-
mitted thither the Governor, and Councell there are to see
forthwith without dispute or suspension to bee duely
executed.
1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 239
3. That the said President and CounceU, shall haue power
also to receiue, heare, and determine, all Complaints and con-
trouersies aryseing amongst the Planters, and which shall bee
brought before them, and likewise all differences growing att
any time betweene the Adventures and Planters liveing
here, and those liveing in Virginia : or any of them.
4. That the President and Councell shall haue power to
elect inferior Officers, to appoint fforts to bee erected, to con-
signe the Planters to such places of habitation, and planting
themselves in, as shall bee most convenient for mutuall defence
and their security, to dispose of the Planters, to applye them-
selues to improvement of such seueraU sorts of Staple
Comodyties, as the said President and Councell shaU direct.
5. That all the said powers, and authorityes granted to
the said President and Councell, bee noe otherwise but vnder
the Correction, and reformation of his Majesties sacred
parson, and of his privy Councell, and particularly of the
Lords and others Commissioners for forraigne Plantations, vpon
Appeale or other information.
6. That the Governor and CounceU hereafter constituted
to bee resident in Virginia, shall bee nominated by his Majestic
vpon his owne knowledge of theyre abihtye, or vpon recom-
mendation of the said President and CounceU here.
7. That the said Gouernor and Councell resident in Vir-
ginia, may bee enabled to make Ordinances and Constitutions
for the better Reglement of the affaires of the Colony, which
shalbe of force tiU such time as the said President and CounceU
here shaU signifie, that they haue declared them void.
8. That the Governor, Councell, and Planters, resident there
att theire generall assemblyes may haue power of propounding
and makeing lawes, which lawes are to bee correspondent
to the lawes of England and but Probationers onely, tiU con-
firmed here.
9. That a new Charter bee granted for incorporateing
a Companie of Adventures for this Plantation, whereof the
Adventures in Virginia to bee members, and thereby they
240 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1638.
may haue granted, confirmed, and restored, vnto them all
such rights, goods, libertyes, and priviledges whatsoever,
att any time heretofore granted vnto the late Companie :
Saveing to his Majestic the supreame and Regall power of
govemement, The which Charter of Incorporation of the
said Companie. shall likewise conteyne the Constitution of the
aforesaid President and CounseU, according to the former
Article, that both of them may ioyntly passe vnder the same
Scale.
10. That by this new Charter of Incorporation, the said
Companie may haue eranted vnto them the auncient
Terrytories, Lands and Islands of and belonging to Virginia
in as ample manner as the same were bounded and granted
vnto the late Companie, by all or anye the seuerall grants or
Letters Pattents whatsoever, of his Majesties late Royall
ffather King James of blessed memory : Excepting the Pro-
vince of Carolana, heretofore granted to Sir Robert Heath
and lately with the Kings approbation, assigned by the said
Sir Robert Heath to the Lord Maltravers : And excepting also
the Province of Maryland, granted by his Majestie to the Lord
Baltemore and all the Islands to the said seueraU" Provinces
aforesaid belonging, ffor itt is not intended that eyther of
the said grants, to the said Lord Maltravers, or Lord Balte-
more, of the said seuerall Provinces aforesaid, should by this
new Commission for a President and Councell and Charter of
Incorporation for Virginia, bee any waye impeached or
infringed, eyther in the Interest of soyle, in the Royaltyes,
immunities, govemement, and Jurisdiction, in and vpon the
Land and waters of the said severall Provinces, or in any other
thinge whatsoever conteyned in the said severaU grants, and
by virtue thereof belonging to the said Lord Maltravers or
Lord Baltemore. And therefore such clauses are to bee
inserted in this new Commission and Charter aforesaid, (for
the prevention of any future question or preiudice to the said
Lord Maltravers and Lord Baltemore, and for the preservation
and confirming of theire said severall Interests and Juris-
dictions and other rights aforesaid) as shall bee reasonably
1638.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 241
desired by theire Councell learned in the Law. who are there-
fore for that purpose to pervse the Commission and Charter
aforesaid, before itt bee prepared for his Majesties Signature.
11. That in legard the Conduct of these affaires will
require the Care and industry of divers able and trusty Officers,
and Ministers, His Majestie is pleased to allow vnto them such
Annuall pension, or reward to bee issued out of his Customes
of Virginia, as shall bee thought fitt by his Majestie for their
better encouragement and support in the execution of theire
severaU places.
12. Lastly, Whereas there may bee some things to be
inserted in these new Letters Pattents, which may fall out to
bee different from the former Pattents and cannot bee so
suddenly determined of, His Majestie is pleased to authorise
the said Commissioners who made this representation or some
of them, to conferre with his Attorney generall, for the recon-
cileing and perfecting of the same, and for the making of such
further additions and alterations as shall bee thought fitt and
convenient for the said governement, to bee brought afterwards
to the Councell Board, or to the Lords Commissioners for
forraigne Plantations, to bee by them pervsed and approved
of. All which seuerall Articles being agreed and resolved his
Majesties Attorney generall is prayed and required to prepare
a booke for his Majesties Signature according to the same.
[pp. 377-379.]
[404.] Oatlands, 19 August :
A Letter directed to the Earle of Dorsett Governor of the Bermudas.
Company of the Summer Islands : Whereas itt is observed
that such Ministers, who are vnconformable to the discipline
and Ceremonyes of the Church here, haue and doe frequently
transport themselves vnto the Sommer Islands and other his
Majesties plantations abroad, where they take libertye to
nourish and preserve theire factious and Schismaticall humors
to the seduceing aod abuse of his Majesties Subiects, and the
hindrance of that good conformitye and v^nitye in the Church,
which his Majestie is carefull and desirous to establish
16
242 ACTS OF THE PRIVY COUNCIL (COLOISTIAL). [1638.
throughout his Dominions : Wee are therefore in his Majesties
name, and by his expresse Commaund hereby to pray and
require your Lordshipp to take a present and strickt order
that noe Clergie men bee from henceforth suffered to goe over
into the Sommer Islands, but such only as shall haue appro-
bation in that behalfe, from our very good Lords the Lord
Arch Bishopp of Canterbury his grace, and the Lord Bishopp
of London. And that for all such of them as are already
gon thither without such approbation, that you cause them
forthwith to be remanded back hither. And so expecting
a good Account hereof from your Lordshipp : Wee bidd you
very hartily farewell. [p. 393. ^ 2.]
[405.] Oatlands, 19 August :
West Indies. Whereas, this day his Majestie sitting in CounseU, Itt was
humbly shewed by the Petition of Henley, PhiUipps, Polhill,
and theire partners, that they since his Majesties graunt
vnto them of Letters of ReprisaU, against the Lords the States
of the vnited Provinces, or theire Subiects, haueing armed
Shipps to Sea accordingly, and being att the Monthlye Charge
of 8501. had made prise of a Shipp laden with goods and
Marchandises, belonging to the West India Companie, of the
said vnited Provinces, and repared to his Majesties Court of
Admiraltye, trusting that they might proceede in a legall
waye to obtaine execution vpon the said Shipp and goods
according as is vsually allowed to others in cases of the same
nature, But that they had bin denyed the Common course of
Justice there vntill his Majesties further pleasure were knowen
concerning them, ffor which cause they humbly prayed that
itt might please his Majestie to declare and order, that in the
particular of the foresaid Shipp by them taken, they might
their legall proceeding in his Majesties said Court
of Admiraltye like as others haue donne, where the question
hath layen against the ffrench Kinge and Kinge of Spaine,
or theire Subiects, respectiuely. Itt was therevpon by his
Majestie with advice of the Board ordered that the foresaid
humble suite, and desire of the Petitioners shall bee taken
1638.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 243
into consideration by Sir Henry Martin Knight Judge of his
Majesties said Court of Admiraltye, [who is to examine
into the matter with all speed, after requesting the Ambassador
of the United Provinces to attend, and to make report to his
Majesty]. [p. 395. ^ 2.]
[406.] Hampton Court, 30 September :
Whereas his Majestic hath been graciously pleased to referre West indies,
to this Boord the consideration of the severall petitions of
George Henley and Nicholas Polhill, touching a Complaint
made against them by the Dutch West India Company.
Their Lordships have appointed to heare that busines upon
Wednesday the 10th of October at two of the Clock in the
afternoone at their Lordships sitting in Councell in the Inner
Starrchamber, when as well the saide Petitioners as the
solUcitor for the said West India Company of Holland are to
attende their Lordships with their Councell if they desire it.
[p. 439. If 1.]
[C.S.P. Domestic, 1638-9. p. 38.]
[407.] Inner Star Chamber, 10 October :
This day vpon the humble Petitions of Nicholas Polehill West indies
George Henley and Augustine Philips referred by his Majestie
to the Board ; The Complaint depending concerning the Arrest
lately made by the Petitioners by vertue of Letters of Reprizall
of a Shipp called the Golden Wolfe belonging to the West India
Companie of Holland, was fully debated all parties being heard
with theire learned Counsell, At which hearing howeuer nothing
materiall in theire Lordshipps Judgments was produced or
prooued to impeach the said Letters of Reprizall either as
vnduely obtaind or vnduely executed, Yet in regard somme
matters of fact which may fall out to be considerable (if they
be prooued) were now offred and insisted on by the Counsell
on th'other side ; Theire Lordshipps therevpon, and in con-
sideration of the dayly expence and Charge the petitioners
sustaine, and of the hazard of such goods as are of a
perishable nature by delay of Proceedings, did thinke fitt and
244 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1638.
order that the Cause should be entirely and without preiudice
to either parte left to a legall Proceeding in the high Court
of Admiralty ; Praying and Requiring Sir Henry Martine
Knight Judge of that Court to cause the Proceedings therein
to be with all expedite Justice. [p. 491. ^ 1.]
[408.] Whitehall, 21 October :
West Indies. . . . fforasmuch as Sir Henry Marten • . . . did now
humbly represent to the Board his majestic being present in
Counsell, That in regard the said West India Company of
Holland doe pretend a Priviledge (against letters of Reprisall) to
bee graunted vnto them by an Acte of State made the 5th of
September Anno 1627* that therefore he could not proceede
to expedite the said Cause vntill his Majestic should bee
pleased in that point to declare, how farr the said Acte is to
bee extended. His Majestic vpon Aduise and Debate thereof
hadd with his Counsell did Resolue and declare that the said
Acte of State giues noe such Priviledge and exemption.
[p. 505. TJ 1.]
[409.] Inner Star Chamber, 24 October :
Virginia. [The Complaint of John WoodhaU, surgeon, against Captain
Samuel Mathews having been argued before the Board by
counsel, it is referred to the Sub-Committee for foreign plan-
tations, to investigate and report.] [p. 508. ^ 3.]
[410.] Inner Star Chamber, 29 November :
Virginia. A Letter directed to the Governor and Councell of Virginea,
or to the Governor and Councell for the tyme being.
[Recapitulates the letter of 22 July, 1638, and proceeds:]
fforasmuch as John Woodall an Antient Planter there
hath now by petition humbly represented vnto vs, That
by an orderly proceeding and Tryall, before you the
Governor and CounceU there in a Cause wherein he was
plaintif against the said Captain Mathewes defendant
* See C.S.P. Domestic, 1627—8 p. 323.
1638.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 245
Certaine goods, and Cattoll in question were adiudged vnto
him the said WoodaU on the third day of March 1 636 as appeares
by the Coppie of the Sentence, and Aote of Councell there now
shewed vnto vs, and therefore humbly prayed that his
Agents being according to the said Sentence and Judgment
putt in possession of the said goods and Cattell might quietly
enioy th.e same without disturbance of the said Mathewes or
any Clayming vnder him. Vpon consideration of the premises
and vpon hearing the further Allegations of both parties now
present before the Boord, and also in reguard it appeares by
Certifficatt from you, that the said Captain Mathewes was
required by you to leave an Agent in his absence authorized
to prosecute and make his defence. And for that it is Confi-
dently affirmed by the said WoodaU, that the said Captain
Mathewes did accordingly authorize one Maior to bee his
Agent there, and to prosecute and defend the said Cause in his
absence. Wee have therefore thought good hereby to lett
you know that the directions given in our foresaid letters of
the 25th of May 1637 and of 22th of July last, are not att all
to bee extended or applyed to the foresaid Cause betweene
WoodaU and Mathewes But wee doe thinke fitt and require
that you Cause all the Goods and Cattell adiudged to the said
WoodaU as aforesaid to bee restored and continewed in the
possession of his Agents there The rather for that it is ordered
that the said WoodaU shall enter into sufficient Bond here to
bee aunswerable for the valew of the said goods and Cattell
in Case the same shaU hereafter happen vpon any proceeding
or Tryall directed by this Board to bee adiudged against him.
And wee doe Kkewise thinke fitt, and accordingly require you
duly to Informe your selves, and make Certifficatt vnto vs of
the true state of the said Cause, and the proceedings had there-
vpon And in particular whether the same were Commensed
before, or after the said Mathewes his Coming away for Eng-
land, And whether hee did leave "any Agent Authorized to
foUow, and defend the said Cause in his absence Lastly wee
doe (as by some former letters wee have done already) recom-
mend vnto you the Care of the said Woodalls Estate there that
he may not by his Agents or Servants bee abused or wronged
246 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1638.
soe farr as it shalbee in your power to prevent the same, or
to give him releife vpon any iust Complainte.
[p. 568. U 2.]
[4n.] Inner Star Chamber, 30 November:
Virginia. A Letter to the present Governor and Councell of Virginea,
and to the Governor and Councell there for the time being.
Whereas a petition was this day presented to the Board in the
name of Thomas CoveU of the Citty of London, Shewing that
for thirty yeares past the Petitioner hath bene an Adventurer
to Virginia and that about the year 1623 he began to setle a
plantation there, and soe continued for about 14 yeares sending
over thither yearly good Supplies vntill the yeare . 1636 . when
vpon the death of one Thomas Kaynton (factor there for the
Petitioner, the said Kayntons widow was maryed to one
Thomas Loving then in those partes, whoe (as in the said peti-
tion is alleadged) vpon the said mariage possessed himselfe of
all the Petitioners estate there to a great value, as by the petition
herewith sent you wiU at large perceue : Wee being very
sensible of the great danger and hazard, that may ensue to
the Petitioners estate in Case the said Loving should through
his ill husbandry wast or embezill the same to the Petitioners
wrong and prejudice : Haue thought fitt to recommend this
matter to your particuler and especiaU Care. To th'end that
sufficient Security may be taking of the said Loving without
delay upon Receipt hereof for the making good of the
Petitioners said plantation, goodes and Servauntes with the
profitts thereof since they first came into his handes And
to take such further Course therein, that the Petitioner here
may haue such satisfaction from him for soe much as the
Petitioner shall make appeare to be due vnto him, as shalbe
iust and agreeable to equity. [p. 572. last ^.]
1639.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 247
CHARLES I. VOLUME XVI. (4 Jan. 1639-30 Oct. 1639.)
[412.J Whitehall, 4 January :
Vpon an humble Petition this day presented to this Plantation
Boord in the name of the Owners of the Ship the Elizabeth
of London Shewing that they haue of late yeares imployed
the said Shipp to New England, Newfoundland and Spaine,
and haue thereby brought home such goods for returnes as
haue yeelded his Majestic much Custome yearly, And there-
fore besought their Lordshipps to grannt Licence, that the
said Shipp may passe to New England with Goodes Cattell
and such passengers as shall bring such Certificates as are
required by his Majestys Proclamation in that behalfe.
Their Lordshipps thought good to referre the said Petition
to the Sub Committee appointed for forraigne Plantations
[for examination and report]. [p. 9. last ^.]
[C.S.P. L p. 286.]
[413.] Ibid.
Whereas a Petition was this day presented to this Boord New
in the name of Walter Barret and Walter Sandy and Com-
pany of the Citty of BristoU Merchants Shewing that they
haue by themselves and their fireinds disbursed great charges
for many yeares in setling of a Plantation in New England,
which Plantation was by them begun long before such mul-
titudes of People were sent as now are planted there, That
those whome the said Petitioners haue there already and all
such as they intend now to send are regular people, and neither
factious or various in Religion, but conformable to his
Majestic and the Lawes of the Church of England That
their Plantation is apart from all others and hath noe
relation to them. That they desire now to send 180 persons to
provide and gather vp in that Countrey a sufficient quantity
of Victualls for furnishing of such Shipps and men as the
Petitioners intend to keepe and imploy in a ffishing Trade
vpon that Coast all the yeare, ffor which workes it hath ever
been permitted to export Provisions from hence ; That the
Petitioners haue built and prepared two shipps for that
Trade.
248 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639.
purpose onely, And vnlesse they may haue leave to proceed,
not onely their Estates and livehhood, but that Trade of
ffishing will come to ruine. Wherefore they besought their
Lordshipps to give them leave and Warrant speedily to pro-
ceed in their Voyage for perfecting the said ffishing Plantation
which may prove a good imployment for Shipps and increase
of Seamen, And that the Maior and some Aldermen of the
Citty of Bristoll might bee appointed to viewe the Passengers
tp bee imbarqued and to dismisse such of them as shalbee
found vnfit. Their Lordshipps after due consideration of
the said Allegations did thinke fit to referre the same to the
Sub Committee appointed for forraigne Plantations [for
examination and report]. [p. 10.]
[C.S.P. L p. 286.]
[414.] Whitehall, 11 January :
Plantation Whereas the Merchants trading to Spaine Portugall the
Straights &c did this day humbly represent that the pro-
hibiting of Ships by Proclamation to goe for New England
without speciall Warrant was a foundation to deprive the
Kingdome of much Trade, the importation of much money,
his Majestic of much Custome and many Ships and Seamen
of Imployment. And therefore humbly besought the Boord
to grannt them Liberty to send their Shipping intended for
Newfoundland and other places, and that by the way they
may take in such helpe of fraight by Passengers and Goodes
for New England as shalbee presented to them, that soe his
Majestys Customes Navigation and Merchants may bee
cherished and increased. Their Lordshipps vpon Debate
and consideration of the premisses did declare. That for all
those Ships that are ready to take ffraight for the imployment
aswell for Newfoundland Spaine Portugall the Straights &c
as for New England, their Lordshipps are content to giue
way And doe Order that all the said Shipps now in such
readinesse bee permitted to depart and take their Passengers
with them without any Let or hinderance, but as concerning
the Goodes and provisions they are to carry that is wholly
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 249
referred to the Lord Treasurer who is prayed to give such
direction therein as his Lordshipp shall conceave to bee best
for his Majestys Service. And their Lordships did further
declare that when there shalbee other Shipps ready for the
like imployment to those parts vpon the Petition of the
Owners of them, their Lordships wilbee ready to give the like
sufferance for their proceeding in the like wayes, if there
shalbee good cause shewen to the Boord for it. [p. 22. last ^.]
[C.S.P. I. p. 287.]
[415.] Whitehall, 17 February :
Whereas by seuerall late Proclamations published on that Tobacco,
behalfe all Tobacco whatsoeuer was directed to bee brought
into the Port of London, and restrayne the landing of the
same in any other Portes of this Kingdome or Dominion of
Wales fEorasmuch as diuers Inconveniences arysing by the
said Restraint were this day presented in wryting to the
Board by the ffarmers of his Majestys Customes, which
followeth in hsec verba.
The ffarmers of his Majesties Customes and Imposts fynd,
that the restriction of bringing Tobacco shipps, directly to
the Porte of London, turnes to very many inconveniences
and losse to them, for notwithstanding that vpon pretences
of Distress of Weather or other occasion, the Masters make
to some other of the Out portes. And the Officers not pre-
suming to take any entry, or land their Tobacco without
Order, In the meane while the shipps Company doe steale
night and day notwithstanding aU the Watch the Officers
and ffarmers Deputies can doe, That thereby the ffarmers
receiue excessiue losse in their particulars As also the Lycences
are likely to bee vndone by the secrett serving of the
Country by theise practises Wherefore the ffarmers fynding,
that in some principall Portes diuers shipps doe Attend that
Trade, and the Aduenturers there Resident, And the Com-
pany rather then to Come to London will pretend many
excuses and reasons to make to any of those Portes being
all dwellers in some or neare of them.
250 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639.
Doe humbly pray that there may bee a warrant to giue
way to the landing of the same Tobacco, that shall come in
as afEoresaid at some Certaine Ports Westward, where indeede
they most vsually putt in and dwell as afforesaid, and noe
other which are, Plymouth, Dartmouth, BristoU and
Southampton, which they Conceiue will encourage their
honnest proceedings and noe doubt bee a meanes of
avoyding all theise indirect practizes which their necessities
seemed to inforce vpon them that are inclyned to take hould
of any thing to deceiue his Majestie. And this libertie to
bee giuen till there shalbe thought more reason to alter the
same.
Vpon Consideration hadd thereof his Majestie being present
in Counsell [the desired liberty is given] to Contynew vntill
the Lord Treasurer shall fynd cause to the Contrary.*
[p. 101. H 2.]
[416.J Whitehall, 22 February :
Sir F Gorges This day Sir fferdinando Gorge being called before the Board,
to shewe Cause why hee opposed, the Order of the 11th of
October last Affirmed by Mr. Meautys Clerke of the Counsell
before the Sub-Comittee for fforraine Plantations to bee
the Order of the Board. And why hee exhibited a different
Order of his owne drawing. Confidently affirming the same,
and denying the other, to bee the Order of the Board.
Thire Lordshipps disliking and reproving the peremtory
Cariage of the said Sir fferdinando Gorge therein. Did now
againe Ratifye and Confirme their foresaid Order, and did
require the said Sub comittee to proceede in the Examination
of the buisines accordingly, which Order ffoUoweth in hsec
verba. Whereas it was objected by Sir fferdinando Gorge,
that his promise whereby he is Charged with the ,4jreare
Complained of to bee due from him, did only looke forward
to such Shipps as should bee sett out, and voyages made
after his said promise bearing date in June 1632 and not to
* In an order of 17 March, 1639, dealing chiefly with the retailing of
tobacco, London is again made the sole port of importation " unless by dis-
pensation from the Lord Treasurer directions bee given to the contrary."
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 251
the Shipps sett out, and voyages mentioned in the Certifficate
of Sir John Wolstenholme and Abraham Dawes which were
before the date of the said promise. Their lordshipps doe
therefore Referr it againe to the Sub comittee, to examine
and Certiffy whether his said promise did relate to the
Shipps ana Voyages sett out, before or after or to both.
[p. 107. la.it ^.]
[417.] Whitehall, 17 March :
[The petition of the merchants and passengers of the ship Virginia.
Elizabeth of London, who ask aid from his Majesty in
obtaining restitution, because] Eleaven Sayle of Spanish
shippes part of the ffleet surprized and tooke the shippe
Elizabeth from the petitioners in October 1637 in her course
upon a trading voyage for Virginia and carryed her and all
that was in her into Spaine, and there deteyneth her, [is
referred to Lord Aston, late Ambassador to Spain, to
explain upon what grounds the Spanish fleet did surprise
the petitioners].* [p. 169. ]f 1.]
[418.] Whitehall, 20 March :
[In the case between Sir F. Gorges and Captain John Sir F. Gorges.
Mason, the Committee report :] Wee haue examined the same
and fully heard the said Sir fierd : Gorges, in whatsoever he
could alleadge for himselfe, and doe find that his said promise
made in June 1632 as aforesaid had Relation to the Shipps sett
out and Voyages mentioned in the said Certificatt of Sir John
Wolstenholme and Sir Abraham Dawes which were before
the date of his said promise. And it appeared clearely vnto
vs that the obiection made by the said Sir fEer Gorges that
his said Promise related only and was to bee applyed to such
Shipps as were sett out and Voyages made after his said
promise was a meere subterfuge and altogether groundless
for that after his said promise made hee paid in lOOl. which
must necessarily bee in relation to the Voyages and Shipps
* On 30 April, 1639, thia matter is referred to Sir Arthur Hopton,
Ambassador to Spain, to demand satisfaction there, [p. 325. last H.]
252 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1639.
sett out before his said promise in reguard that since the date
of his said promise there hath not bene any Shipp sett out
nor voyage att all made by te said Adventurers Besides it
appeared vnto vs aswell by the Register Booke of Mr.
E3a-es Clarke and Accountant for the said Company as by
the Testimonyes vpon oath asweU of the said Mr. Ejrres as
of George Griffith and Thomas Wannerton Merchants that
the said Sir fEerd : Gorges did promise as aforesaid to bee an
Adventurer in all the Voyages sett forth by the said Adven-
turers in equall proportion with the said Captain Mason
As concerning the somme of 254?. charged to bee owing and
in Arreare by the said Sir fierdenando Gorges (which was
ordered to goe towards the satisfaction of the wages and
salaries due to the poore petitioners The proofe thereof is
the said Register Booke of Accompts kept by the said Eyres,
attested by him vpon oath to bee a true Accompt Vpon all
which wee are of opinio i that the said Sir ffard : Gorges
was in Arreare the said summe of 254:1. whereof lOl. only
hath been by him paid since the first complainte of the
petitioners to this Boord Nevertheless in reguard Sir fEerd :
Gorges did obiect one particular whereby he endeavoured to
disable the Testimony of the said Eyres, and the Creditt
of his Register Booke Wee haue att his Instance thought
fitt to represent the same to your Lordshipps vizt That in
a cause lately depending in the Court of Requestes betweene
one Cotton Plaintiiie and Sir fferd : Gorges and Henry
Gardiner defendantes concerning the somme adventured
by Sir fEerd : Gorges in a flfishing voyage to New England The
question being whether his Adventure were llOZ. or 50l. It
was notwithstanding the Answere of the said Eyres vpon
oath to an Iterrogatory ministred on that behalfe, wherein
he affirmd that the Adventure of the said Sir fEerd : Gorges
was llOl. Resolued by the said Court that the said Adventure
was only 50L and soe ordered accordingly a Coppie of which
deposition and order he now produced before vs Which whether
it may trench to the impeachment of the Testimony of the
said Eyres or the Credite of his Register Booke of Accompts
1639.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 253
in the matters referred by your Lordshipps to vs Wee
presume not to iudge but humbly submitt the same to your
Lordshipps Only we conceaue it fitt to acquainte your
Lordshipps likewise with Mr. Eyres his Answere therevnto,
which was That the Court of Requests did not reiect his
Testimony there in such a sence as Sir fferd : Gorges now
vrges and would make vse of to disable his Testimony in
other thinges. But that although the said order of Court,
determined it otherwise then as he had deposed, yet the same
was but according to the Course of all Courts, in reguard there
was but singularis Testis And therefore humbly desiered that
in Case the said obiection of Sir fierd Gorges made any
impression with your Lordshipps that he might be heard to
give further answere therevnto. Signed Will Becher ffrancis
Wyatt Abraham Williams Tho: Meautys Laur: Whitaker.
Vpon reading whereof theyr Lordshipps being satisfied
that there was no Cause for their Lordshipps to retract
their former order of the 27th of June last, doe in all thinges
ratifie and confirme the same and doe order that the sayd
Sir fferdinando Gorges shall pay forthwith vpon sight hereof
into the hands of the Clarke of the CounseU attending of
244i. to bee distributed to the petitioners and paid pro-
portionably according to the severall summes dew vnto every
of them respectiuely as by the sayd former order is appointed.
[pp. 179-180.]
[419.] Whitehall, 31 March:
[In a list of 32 patents, commissions, and grants to bo Nova Scotia,
revoked by proclamation, No. 15 is] An Inhibition to be
published that noe Englishmen doe henceforwarde take upon
them the degree of Barronetts in Scotland or nova Scotia.
[p. 209. 11 l.J
[420.] Whitehall, 24 April :
Whereas the Kings Majestic being humbly moved by the Virginia.
Petition of Roger Wyngat in regard of his service in the plan-
tation of Virginia ; and losses there sustayned ; to bestowe
254 ACTS OF THE PRIVY COUNCIL (COLONIAL), [1639.
vpon him the place of Treasurer of Virginia, was gratiously
pleased vpon the 15th of July last to referre it to the Lordes
and others Commissioners for forraigne plantations ; to take
the same into consideration together with the Petitioners
merit, and to giue such order therein as they in their Wise-
domes should think fitt. Now this day the Earle of Dorsett,
one of the said Lordes Comissioners proposeing the same att
the Board, and the suite and desire of the said Roger
Wingate being after good deliberation and mature advice
approved of by the said Commissioners there present It was
therevpon by their Lordshipps thought fitt, and ordered that
his Majestys Attorny generall should bee hereby prayed and
required to prepare a Bill ready for his Majesties royall
Signature, contayneing a grant of the said place and office
of Treasurer of Virginia vnto the said Roger Wyngatt accor-
dingly for his life. [p. 292. ^ 1.]
[421.] Whitehall, 30 April:
Virginia A Letter directed to the Governor of Virginia for the tyme
being and to the Counsell there. Wee haue receaved and
duly considered your Letters of the 18th of January (with
the writings included) sent in answear to those wee directed
to you the 12th of June preceding, touching the suite made
vnto vs by Richard Elle Mariner, .... And forasmuch
as it now appeareth to vs by what you Certiiie, that
the suggestions of the said Elle which moved vs to
favour him with those our foresaid Letters, were vntrue
and that hee intended only his owne profitt and not the
good of the Colonie, and likewise that before the receipt
of the same, other graunt had bin made of the said Lands
vnto one John fHudd a man of a longe continued service and
great desert in that Plantation, ffor these reasons and those
other motiues expressed in your Letters Wee haue thought
fitt hereby to signifie vnto you, that wee remaine satisfied
with your proceedings held in this particular, notwithstanding
our said former Letters, and doe well approue of the grant
made vnto John ffludd as aforesaid. [p. 324. last %]
1639.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 255
[422.] Inner Starchamber, 28 May :
[Sir Ferdinando Gorges acquainting their Lordships that he Sir F. Gorges
was now ready to make payment of the sum of 244L, ordered
to be paid on 20 March, the money is ordered to be paid
to Sir William Becher] who . . is prayed and required to
see the said money distributed ana paid respectively to the said
poore people expressed in a Register kept by Mr. Eyres
proportionably according to the severall Summs justly due
and owing vnto every of them for Wages And if there shalbee
any Overplus It was further Ordered that the same should
bee restored to the said Sir Ferdinando. [p. 393. 1j 2.]
[423.] Ibid.
Whereas the Earl of Carlile and Sir James Hay and Archi- West Indies.
bald Hay Trustees for the late Earl of Carlile did by their
Petition (for the safety and defence of his Majestys Subiects
planted in St. Christophers and Caribie Islands) humbly desire
to bee furnished with 20 Lasts of Gunpowder, [the Officers
of the Ordnance are required to sell to them such a fitting
proportion of powder as they shall desire for the use of the
said plantation at the usual rate of IS''- the pound.]
[p. 394. If 3.]
[C.S.P. L 295.]
[424.] Whitehall, 14 June :
[The Adventurers for the Plantation of Newfoundland are Newfound
allowed, on payment of the usual customs duties, to transport
thither the several provisions hereafter mentioned.]
23 butts conteyneing 39 quarters of Wheate
15 butts and two Puncheons cont 28 quarters of Malt
5 Puncheons and one hogshead cont 59 busshells of Pease
2 Pucheons and 2 hogsheads cont 39 busshells of Oatemell
2 hogsheads cont 600 weight of Cheese
2 Rondletts cont 27 Gallons of sweet oyle
4 halfe ffirkins of ordinary Soape
1 Rondlet of Castle Soape
3 ffirkins of butter
256 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639.
1 Rondlet cont 2 busshells of Mustard seeds
2 Boxes cont 26 doozen of Candells
2 Hogsheads of wyne Vinager
2 ffirkins of smale Nayles
[p. 432. 1[ 1.]
[425.] Whitehall, 30 June :
Virginia. A Letter to the Gouernor and Councell of Virginia.
Whereas by former Letters from this Board vpon the Petition
of some Planters and Traders to Virginia, you were required
to suspend the taking of the Imposition of 6d. per poU (here-
tofore vsually paid for euerie Passenger arriuing in that
Collony vnto the Commander of the ffort caUed Point Com-
fort in Virginia for keeping an exact Register of all such
Passengers and for administring vnto them the oathes of
Supremacy and allegiance) vntill vpon the Answer of you the
Governor therevnto wee should giue other order therein,
vpon consideration had of a Certificate since
retourned to the Board from you the Gouernor and Counsell
. . . as likewise of a Report made therevpon by the Sub
Comitee for forraigne Plantations vnto whome wee formerly
referred the same, wee iinde the said Imposition fitt to be
continued, as beng very necessary and of importance for his
Majestys seruice. [p. 472. last %]
[426.] Whitehall, 21 July:
New Vpon the humble petition of Gyles Elbridge of the Citty of
ngan . BristoU Merchant praying licence for the exportation of
about eighty passengers and some provisions formerly accus-
tomed for the encrease and support of his fishing plantation
in New England [the licence is granted, on his giving bond]
by himselfe or some other sufficient man to the Clarke of the
Counsell to his Majestys vse that none of the said persons
shaibee shipped vntill publikely before the Maior of Bristol!
they have taken the Oathes of Allegiance and Supremacie.
And the Lord Treasurer is hereby prayed and required to giue
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 257
order to the officers of the Port of Bristoll accordingly any
former Order of tho Boord, or other revStrainte to the contrary
in anjnvise notwithstanding. [p. 530. last "[j.]
[427.] WhitehaU, 26 July:
Vpon reading this day att the Boord aswell the humble Virginia,
petition of Captain Samuel Mathewes against Thomas Hill
as alsoe a Certificatt of the Sub committee for foraigne Plan-
tations retorned to vs in Aunswere to a former Reference of
the Boord of the 12th of June last made vpon the petition
of the said Hill, which Certificatt the said Hill hath neglected
to call on and is as followeth in h sec verba.
May it please your Lordshipps
According to your Reference of the 12th of June last
vpon the petition of Thomas Hill against Captaine Mathewes,
We have heard the partyes and theyr Councell, And vpon
pervsall of our former Certificatte and your Lordshipps Order
therevpon Wee find that it was directed, that this business
should bee examined by Sir Henry Martin, which wee conceave
to bee the best way by way of Reference onely from your
Lordshipps in reguard of many Circumstances concurring in
this particuler Cause. And that he bee ordered to vse all
expedition the partyes being here reteyned from their affaires
in Virginia) to accommodate and settle the business if hee
can or otherwise to reporte the true state thereof to your
Lordshipps. And the rather in reguard wee find that the
Gouernor and Councell of Virginia take much Exception to
our former Report which notwithstanding vpon our last
hearing of all the partyes and the Witnesses produced verbally
before vs, wee find noe Cause in any part to retract But in
what way soe ever it bee putt, Wee thinke fitt, that both sides
should give sufficient security forthwith to abyde and per-
forme such finall Order, or decree as shalbee made vpon the
hearing. And whereas Captaine Mathewes complaines that
notwithstanding your Lordshipps Letter of the 25th of July
1638 neither hee nor his Agentes are putt in possession of
17
258 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639.
the Estate and goodes directed to bee delivered him by the
said letter, but that some parte thereof to a good value is still
deteyned from him Wee conceave it fitt that Sir ffrancis Wyatt
the now Governor and Councell should by Order from your
Lordshipps bee directed to putt him in possession of such part
of the said Estate as is remayning vnrestored and was taken
from him vpon the complainte of the said Thomas Hill vpon
the said Governors Arryvall there according to the intent
of your Lordshipps sayd Letter dated the 9th of July 1639.
Signed Sir Wm. Beecher Sir Abraham Williams Sir ffrancis
Wyatt Mr Meautys.
[ The certificate is approved, and orders given accordingly.]
[p. 542. last %]
[428.] Whitehall, 28 July:
Virginia, Vpon the humble petition of the Marchantes, Masters and
Owners of fower severall Shippes called the Honour, the
Rebecca the Blessing and the Love of London. Shewing
that to further his Majestys service in his severall Plantations
of Virginia, they have provided the said Shipps to goe thither,
with men and provision for Servantes, which alredy they have
there, and that the said Shipps in or aboute AprUl last payed
his Majestic great Summes of money for the Custome and impost
of the goodes which they brought from the said Plantations,
which said Shippes being now att Gravesend fully fraighted
with the supply aforesaid, ana ready to putt to Sea againe,
are by the officers of his Majestys Customes within the Portes
of London and Gravesend there stayed to the great hindrance
of the petitioners and to the hazard of the loss of theyr
severall Voyages. And that the officer appointed to take
theyr Oathes of Allegiance and Supremacy refuse to goe
downe to Gravesend to take the same, as he hath ever bene
accustomed to doe Theire Lordshipps having heard and con-
sidered of the said petition did this day thinke fitt and Order
that the said Marchantes, Masters or Owners of the said Shipps
respectively shall bring vnto the Lord high Treasurer of
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 259
England a List of all goodes and provisions which are to bee
transported in them. And if his Lordshipp shall find the same to
bee such as are vsuall or fitt to bee transported in them, Then his
Lordshipp is hereby prayed to talce order with the officers of
his Majestys Customes, that the said Shippes may bee forth-
with cleared and permitted to proceed in their intended
Voyages Provided that all the Passengers in them or any of
them before the said Shippes bee permitted to pass, doe first
take their Oathes of Allegiance and Supremacy And in Case
the officer appointed doe not goe downe to take the said
Oathes Theire did thinke fitt and Order that the Minister
there in presence of some of the Officers att Grauesend may
take the same aboard the Shipps. [p. 548. last ^.]
[429.] Whitehall, 31 July:
Vpon reading this day att the Boord the humble petition Virginia.
of Thomas Deacon William Harris, Thomas Allen, William
Allen and others Merchantes and Planters in Virginia Shewing
that by reason of a Restrainte that noe Shipps shall goe from
James River vnto Charles River in Virginia the petitioners
have beene forced to sende theire goodes in open boates to
and from the Plantations neare Charles River to theire great
dammage discouragment and daunger of the loss of theire
lives and goodes [in accordance with a certificate from the Sub
committee for foreign Plantations it is ordered] that the Shipp
the Honour whereof Thomas Harrison is now Master shall
for this yeare bee permitted to putt into Charles Ryver
aforesaid, and the Men and goodes to bee there landed,
Provided that aU Passengers in her doe take the Oathes of
Allegiance and Supremacy And that a Ust of all the said
Passengers bee sent to the Gouernor and Councell in Virginia.
[p. 551. last T|.]
[430.] Ibid.
A Letter directed to Sir ffrancis Wyatt Knight Gouernor Virginia,
of Virginia and to the Councell there. Whereas Edmond
Dawber Administrator of the Estate of Sir Thomas
Gates Knight deceased in the Right of Margarett Dawber
260 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1639.
and Elizabeth Gates, daughters of the said Sir Thomas Gates
and of Margarett the Relict of his eldest sonne hath petitioned
this Boord that all such Estate of lands Cattle or other goodes,
as were properly belonging to Sir Thomas Gates att his last
coming from Virginia might bee restored and made good vnto
him, and his assignes [the orders given on 11 January, 1633
(c/. 305 & 299) are repeated.] [p. 558. ]f 1.]
[431.] Whitehall, 31 July:
Virginia. A letter directed to Sir ffrancis Wyatt Knight Gouernor of
Virginia. Whereas an humble petition of William BuHocke
hath bene brought to the Subcommittee for for-
raigne Plantations and by them recommended vnto vs for
our letters on the petitioners behalfe, whoe complayneth of
very great wrong and Iniury done vnto him by one Mr.
Br ocas as by the said petition you will more clearly disceme,
Wee haveing considered of the said petition and how fitt it
is that those whoe have made great Adventures for the good
and advancement of the Plantation should bee encouraged,
and receave speedy Justice against such, who have been
trusted by them, with their adventures, and deprived of the
fruite as this Case is expressed in the petition shalbee made
appeare. [Do therefore refer it to you to investigate, and
to cause justice to be done.] [p. 558. *1 2.]
[432.] Ibid.
Virginia. A letter directed to Sir ffrancis Wyatt Knight Gouernor of
Virginia and to the Councell there. Whereas wee did
this day heare read before vs the Certiflficatt of the
Sub committee for forraigne plantations retourned in aunswere
to our Reference vpon the petition of Laurence Evans against
ffrancis Poethris which petition wee herewith send you together
with a Coppie of the said Certificatt whereby wee find that
although the Gouernor and Councell there have vpon our
former letters proceeded in the Cause betweene them with
great Care and Caution. Yet in reguard it hath bene made
appeare vnto the Sub committee and vs by a letter from the
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 261
Secretary to the Councell of Virginia (being one of the Councell
there) that there was a notorious deficiency in the prosecution
by those intrusted by the said Laurence Evans with his Cause
and likewise a great mischaunce by which (as he alleadgeth)
the Evidence and Instruction sent by him from hence came
not to his Agentes handes, whereby his Cause might well
miscarry . . . And that the said Evans now intends himselfe
in person to prosecute his Cause Wee . . . have thought
fitt againe to recommend this Cause vnto you ... to
reheare the differences betweene the said parties and to
determine and settle the same . . . provided that the
said Evans doe pay vnto the said Poethris such Costs and
charges for the former suite as you the said Gouernor and
Councel shall thinke fitt and order. [p. 559.]
[433.] Whitehall, 31 July :
[A warrant to the Justices of the Peace in the Counties of Tobacco.
Worcester, Gloucester, and Monmouth. WiUiam King and
others, having authority to displant, pull up and destroy all
Enghsh tobacco, report that evasions and resistance have
been made by the inhabitants of Winchcombe, Cheltenham,
Tewkesbury, and other places, under colour of their poverty.
The tobacco is to be at once destroyed.] [p. 564. ^ 1.]
[434.] Whitehall, 2 August:
[Upon hearing Counsell on both sides in the business between Virginia.
Captain Samuel Mathews and John Woodhall the busines is]
hereby referred back to be heard and examined anewe,
by the newe Governor and Councell of Virginia vpon the
said Governors arrivall there, wherein their Lordshipps
doe especially recommend it to the said Governor to
take care that there be a full number of Councellors present
at the said heareing, and that Captaine Mathewes (according
to his owne offer) nor any other that is a formall party in the
cause, be not admitted to be present dureing the said
heareing as Councellors, And the Decree to bee made there-
vpon by the said Governor and Councell to be finall and
262 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639.
bindeing to both sides, and to bee put in execution and neither
side to trouble this Board any more touching this busines
wherein it is Ukewise ordered that in case the said former
proceedings and sentence on the halfe of Woodhall appeare
to haue bin iust and regular and the complaint of the said
Captaine Mathewes to haue beene causeless, then the said
Captaine (according to his owne offer alsoe) is to satisfie and
pay such further costs and damages vnto the said Woodhall
as the said Governor and Councell shall conceiue fitt and reason-
able Lastly it is ordered that in the meane tyme the Cattail
in question shalbe continued in the possession of the said
Woodhall. [p. 568. H 2.]
[435.] Whitehall, 2 August :
Virginia. Whereas it was this day presented to the Board on the
behalfe of Captaine John West Capt. Samuell Mathewes Capt.
William Pierce Capt. WilHam Tooker and others against
them an Information by order of the Board was formerly
exhibited in the Starr chamber by his Majesties Attorney
Generall vpon the Complaint of Sir John Harvey. That they
haue now attended here for the space of three yeares or
thereabouts concerneing the said cause and noe prosecution
hath beene had therevpon to bringe it to a heareing and
haueing spent all the meanes they can procure heere, and their
Estates in Virginia being in danger to be vtterly ruined by
reason of their soe long absence thence. They were now
become humble suitors that they might bee Lycensed to repairs
into Virginia to take care for the preservation of their said
Estates, they haueing noe other way to maintaine themselues,
their wiues and Children, being ready to enter into new Bondes
to attend againe within any convenient tyme after notice giuen
them on that behalfe. Their Lordshipps vppon consideration
had thereof alsoe for that John Donne the prosecutor on behalfe
of Sir John Harvey is lately dead. Sir John Harvey himself e
remaineing yet by occasion of sicknesse in Virginia. And his
Majesties Attorney Generall haueing likewise informed their
Lordshipps that noe man hath giuen attendance or infor-
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 263
mation in the said cause for theise three Tearmes past and
more, Conceaveing their desire fitt to bee granted. Did order
that the said persons should bee heereby accordingly lyconsed
to goe ouer into Virginia they first glueing Bond of 500Z.
apeece before the Clarke or Deputy Clarke of the Starr-
Chamber to retourne againe and attend the said Court of
Starr chamber within eight Monthes after notice left in writting
on that behalfe at the house of the said William Tooker scituate
in Tower streete London. And therevppon their former bonds
... are to be delivered vnto them. [p. 572.]
[436.] Whitehall, 11 August:
A Letter directed to Sir ffrancis Wyatt Knight Governenor Virginia,
of Virginia att his Arrivall there. Wee send you inclosed a
petition presented to this Board by Jane Hart Widdow.
Complajming against Capt. Christopher Wormley for most
vniust and Indirect practices and proceedings to defraud
her of a due aebt of 350Z. owing by him vnto her deceased
husband John Hart, vpon Bond. [Wormeley is to be examined,
and justice done.] [75. 585. *I 4.]
[437.] Whitehall, 18 August :
[The Sub-Committee report on a petition of the Somers Virginia.
Islands Company] : —
According to your reference made vnto vs of the 28th of
July last, vppon the petition ; we haue considered thereof,
and wee doe finde vppon Inquiry that the Sommer Islandes
doe much increase in people and are much scanted by the
narrownesse of the Soyle and that there was an agreement
heretofore by the Company of Virginia while the same sub-
sisted that there should bee granted vnto the said Company
of the Sommer Islandes a large proportion of Landes in
Virginia to supply the defect of the said Islandes. And wee
conceaue that the land lying betweene two Rivers of Rapa-
hanock and Patawmeck may bee very fitt and convenient for
them, neither is it yet Inhabited by any of his Majesties
264 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1639.
subiects, nor as yet any grant thereof (now in being) passed
vnto any others, by reason that the Grant to the Company
of Virginia is long since disolued. But wee hold it our Duties
to informe your Lordshipps that if the said Land bee now
passed to them in grant, it will bee consequently exemted
from the Jurisdiction of Virginia neither Doe the Company of
the Summer Islands desire the same to be att their Charge
Inhabited and planted except they may enioy it in the same
Condition that they doe the rest of the Sommer Islands which
they alleadge was the meaneing of their former agreement with
the Company of Virginia whUe it subsisted And in further
satisfaction to those of Virginia they doe offer that if the other
parts within the limitts of Virginia which haue since beene
graunted vnto others and are consequently exempted from
the Jurisdiction thereof shall hereafter bee ordered and
adiudged to bee restored againe to the Jurisdiction of Virginia
they will likewise submit their graunt to the like order : which
poynt wee humbly submit to your Lordshipps graue Considera-
tions without interposing any opinion therein. Signed :—
Lord Goring, Sir Wm.'Becher, Sir Abraham Dawes, Sir Abraham
Williams, George Sandis Esqr., Tho. Meautys Esqr.
Their Lordshipps vpon Consideration had thereof well
approueing of the same, Did thinke fitt and order that his
Majesties Attorney generall should forthwith Drawe vpp
a Grant for his Majesties Signature of the aforesaid Land
lyind betweene the two Rivers of Raphanock and Ratowmeck
in Virginia to bee past vnto the said Companie of the Sommer
Islands in as large and ample manner as those Grants formerly
past vnto the Lord Baltimore Sir Robert Heath and Sir Edmond
Plowden or any of them, with this Prouiso neverthelesse
according to the opinion delivered in the said Certificate that
if the parts within the limits of Virginia which haue beene
soe granted vnto others since the Dissolution of the Virginia
Companie and are thereby exempted from the Jurisdiction
of Virginia, shall hereafter bee ordered and adiudged to bee
all restored againe to that Jurisdiction they shall likewise
submitt their Grant to the like order. [p. 603. H 2.]
1639] ACTS OF THE PRIVY COUNCIL (COLONIAL). 265
[438.] Whitehall, 25 August :
Whereas an humble Petition was this day presented to the Bermudas.
Board by the Conipanie of the Summer Islands, praying . . .
that in the Shipp the Dorse tt now by them prepared and
bound for the said Islands, they might for the releife of that
Plantation bee licensed to export thether sundry provisions ...
as also that theire passengers might take the oath of Allegiance
at Gravesend and bee examined by the Minister there and not att
the Custome house . . . his Majestie with the advice of their
Lordshipps did order that the said Companie should be hereby
authorised and licensed to send vnto the Islands aforesaid
and Plantation twenty hoggsheads of Meale forty dousin of
Candles seaventy dousin of Shooes &c [and] that the Searchers
or other his Majestys Officers hereto authorised at Gravesend
may and shall there administer the said oath vnto the said
Passengers, as also that the said examination of them, be
performed at Gravesend by the Minister of the place : Whereof
the fEarmers of his Majestys Customes and others whome
it may concerne are hereby to take notice and to governe
themselves accordingly. [p. 611. last ^.]
[439.] Whitehall, 15 September:
A Warrantt of the Tenor following directed to the Officers Virginia
of his Majestys Customes within the ports of London and
Gravesend and to all others whome it may concerne. Whereas
the Merchants Master and Owners of the Ship called the
Charles of London did by their petition presented to the
Boord humbly shewe That having brought a greate quantity
of Tobacco to the port of London and paid his Majestie a greate
Summ of money for the Custome thereof. And being now
ready to returne with the said Ship to Virginia againe humbly
desired leave to transport the number of passengers and
other commodities herevnder specified for the better accoih-
modation in the said plantation, which Wee hereby thought
good to grant vnto them. [The said ship is therefore to
be allowed to pass, on her passengers taking the Oaths of Alle-
giance and Supremacy at Gravesend.]
266 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639.
T3
for the Charles
100 Passengers
5 quarters of Mault
55 dozen of Shooes
30 ffirkins of Butter
2000 weight of Cheese
10 barrells of Powder
500 weight of small shot
70 dozen of Candles
50 Hogsheads of Oatmeale
20 hogsheads of naeale
100 weight of Pewter
2000 nailes of severall sorts
Clothes for ye hundred ]
Servants, vizt Suits Capg V
Stockena and Hamacoes J
3 tons of Spanish and
Srenoh wines
2 touns of strong waters.
50 Case.
The like Warrants for the
Shipps the William and Sara,
the George, and Charity of
London to transport the passen-
gers and provisions following
in each.
100 Passengers
40 Dozen of Shooes
10 quarters of Mault
50 ffirkins of Butter
3000 weight of Cheese
4 barrells of powder
500 weight of small shott
60 dozen of Candles
100 bushells of Salt
40 bushells of Oatmeale
10 hogsheads of Meale
[p. 643.]
[440.] Whitehall, 23 October:
Virginia. Whereas Thomas Phillips formerly sentenced by the late
Gouvernour and Councell of Virginia for schandalous woords
as hee alleadgeth by him uttered and spoken against Sir John
Harvey, Knight, then Gouvernor thear, for which hee hath
already suffered Imprisonment and other Corporall punish-
ment, And parte of the said sentence beyiige that hee should
bee banished out of the said plantatyon, hee was an humble
suitor by Petition to the Board that parte of the said sentence
might bee released, and that hee might be permitted to retourne
Into Virginia his Estate wife and Children still remayninge
there, the consideration of which Petition their Lordshipa
were pleased to referr to the Sub Committee for fforraigne
Plantatyons, [and whereas the certificate of the said sub-
committee recommends that his petition be granted, on con-
dition that he give bond for his good behaviour in the future,
the Governor and Council of Virginia are requested to give
order accordingly]. [p. 690. ^ 1.]
[441.] Inner Star Chamber, 31 October:
SirF. Gorges. Vpon Consideration had of the petition of Adrian Tucker
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 267
Concerninge wages owinge to him by Sir fferdinando Gorge and
others Adventurers In new England Their Lordshipps were
pleased to referr (the farther Examination of the Petitioners
demands as alsoe of the Cause why hee was omitted In the
former List of those who Claymed wages, likewise from the said
Adventurers) vnto Thomas Ayres who was Gierke of the said
Company and Kept the Bookes of Accompt for those wages,
who therevpon made Certificate to the Board as foUoweth . . .
I doe finde that there is owinge vnto the said Tucker for his
wages for 3 yeares 3 moneths endinge the 17th of June 1633
the somme of eleuen pounds nyneteene shillings and 5d. [His
omission from the former list] was because when the rest of the
seruants wages was audited before Sir John Wolstenholme
and Sir Abraham Dawes, the said Adrian Tucker appeared
not, nor any for him to make his demand as others did.
Their Lordshipps findinge noe Cause to disalow of the
oppinion deliuered in the said Certifficate . . . did there-
fore thinke fitt and order that Sir fferdinando Gorge should
vpon sight hereof pay vnto the petitioner the said somme . . .
or otherwise shew good Cause to the Contrary betweene this
and the first Day of the next Tearme. [p. 697. ^f 1.]
CHARLES I. VOLUME XVII. Part 1.
(2 Nov. 1639-25 Sept. 1640.)
[442.] Star chamber, 6 Nouember :
Vpon the petition of the Marchants Master and Owners of Virginia,
the Shipp called the Suzanna of London, Shewing that the
said Shipp came from Virginia about May last laden with
Tobacco, and other Commodityes and paid his Majestic great
sommes of money for the Customes thereof, and that the said
Shipp is now ready to goe to Virginia againe, with such
Passengers, and provisions, as here vnder written are mentioned,
but cannot bee permitted by the officers of the Ports of
London, and Grauesend, to cleare the said Shipp without
order from this Boord. [The desired permission is ordered
268 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639.
New
England,
to be granted, on the] Passengers takeing the Oathes of
Allegiance, and Supremacy, before the officer appointed for
that Service, att Grauesend (or in Case he shall refuse to goe
downe thither, then before some other officer, or Minister
there, as hath bene vsuall.
80 Passengers
15 quarters of Mault
55 dozen of Shooes
30 fl&rkins of Butter
2000 weight of Cheese
10 barrells of Powder
500 weight of Small shott
70 dozen of Candells
30 hogsheads of Oatmell
50 Cace.
100 weight of Pewter
20 hogsheads of Meale
500 weight of Soape
20000 Nayles of severall sorts
Clothes for the 80 Servants (vizt
Sutes, Caps, Stockings,
Hanuuackoes and Beds.
3 Tonns of Spanish and Srench
wines
2 Tonnes of strong water
[p. 17. II 2.]
[443.] Inner Star chamber, 22 Nouember :
Vpon reading this day the humble petition of Richard
Long, John Taylor and John Gonning of the Citty of
BristoU Merchants Owners of the Ship the Mary Rose of the
burthen of 180 tonnes Shewing that the petitioners haue
for many yeares together adventured vnto the Newfoundland
and those Westerne partes the sayd shipp and diverse others
in ffishing voyages which ffish they haue carryed into Spaine
and retourned wynes into England which payes vnto his
Majestic great Summes of money praying lycence for sending
the said ship with the Passengers and provisions vndernamed
from Bristol! to New England [The desired permission
is ordered to be granted on the passengers taking the Oath
of Allegiance].
120 Passengers
20 quarters of Meale
60 dozen of shooes
20 Kinderkins of butter
30 hundred wayt of Cheese
10 Barrells of Powder
500 weight of small shott
80 dozen of Candells
30 hogsheads of meall
30 hogsheads of oatemeale
10 hogsheads of Peas
100 weight of Pewter
1000 weight of Soape
20 thousand Nayles of all sorts
Clothes for the Passengers vizt
Shirts, Caps Stockings Beds
and hamackos
4 Tonns of Spanish and Srench
wynes
2 Tonns of Veniger
1 Tonne of hot waters in Caske,
bottells and Cases
[p. 59. H I.]
1639.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 269
[444.] Inner Star chamber, 22 Nouember :
Vpon the petition of Gilbert Grymes and Orpheus West Indies.
Duman Masters of the two Shipps the fEortune, and the Ann
and John of London Shewing that the petitioners having
theyr Shipps already fallen downe to Grauesend bound for
the Carabee Islands but being there they and theyr passengers
are stayed for that they have not a lycence for transporting
the Commodityes hereafter written [The license is ordered
to be granted on the usual conditions. — Cf. 442.J
In the ffortune
In the
Ann
and John
Shooes
150 dozen
Shooes
200 dozen
Canvas suits
300
Canvstss suits
100
Shirts
300
Shirts
200
Stockings
100
Stockings
150 dozen
Caps
100
Caps
40 dozen
Powder
10
barrells
Powder
10 barrells
Musketts
100
Musketts
100
[p. 60. H 1.]
[445.] Inner Star chamber, 29 Nouember :
Vpon reading this day an humble petition of the ^aimda and
Marchants and Owners trading to the Plantations of Can- England,
nada and Newengland Shewing that in reguard the Trade
to these Plantations hath beene a meanes for to increase the
trade of ffishing, and by theire outwarde bound Voyages hath
of late procured almost all the trade from Newfound land
from the Dutch, and that by trading in those parts they
haue discovered other places for fishing where they find fish
to bee of greater sise, one hundred of it to bee worth two
of that in New found land, the petitioners praying lycence
for sending two Shipps the John, and the James of London
for to proceed thither to supply the Wants of the Planters
there, and ffisher men, and alsoe to take from hence Planters
and ffishermen with theire goods and provisions [The license
is ordered to be granted. No list of the cargo is appended].
[p. 92. 5f 1.]
[446.] Whitehall, 17 December:
A Letter directed to Sir fErancis Wyatt knight Governor Virginia,
of Virginia, for the tyme being, and to the Counsell ther.
270 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1639.
Whereas, by our Letters to you directed of the 11th of
August vppon the Complaint of Anthony Panton Clark Rector
of York and Cheskyack, in Virginia, against a sentence giuen
against him by the Governor and Counsell there, beareing date
the eight of October, 1638, wherein the busines was referred
back againe vnto you to be reheard vppon a Certiiicat
retourned to vs from the Sub-Commissioners for forraine Plan-
tations, you were authorised and required, to cause that part
of the said sentence, which directed his banishment, from the
Colonyes vppon paines of death, if he retoume to be sus-
pended vntill further order from this Board, where allso we
recommended it to your Care that neither Sir John Harvey,
nor Mr. Kempe, should be admitted to be present as Coun-
sellors dureing the said heareing. Wee vppon the humble
petition, of the said Anthony Panton, and farther con-
sideration of the said Certificat, returned from the Sub-
Commissioners aforesaid, do hereby further recommend the
case of the said Panton vnto your Care authorising and
requireing you the now Gouernor and Counsell there, to
cause Sir John Harvey Knight late Gouernor there, to deliver
over such goods and estate of the Petitioners, as he hath in
his hands, and what he hath distributed to his Sherriffs and
other Officers, vnto such persons whom you the present
Governor and Counsell shall appoynt, where they are to remayne
till from this Board you shall haue further order therein. And
we do further authorise and require you if that vppon the
reheareing of the said cause the Petitioner be found inocent,
to restore him to his Cure againe, and to giue us a true
Account of your proceedings herein. [p. 191. ^ 3.]
[447.] Whitehall, 22 December:
Barbados. [A license to go to Barbados is granted for the Love
and the Planter of London, one of them recently
returned thence with "Cotton WoUes, Tobacco and other
Comodities." The oaths are to be taken by the passengers
" before the Officer thereto appoynted, or before the Rectory
Minister, and some of his Majesties officers." Details of the
lading are appended] : —
1639-40.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 271
In the Shipp Planter of London In the Love of London
Passengers 250 Passengers 200
Shooes 300 dozen Shooes 250 dozen
Shirts 300 dozen Shirts 250 dozen
Drawers 300 dozen Drawers 250 dozen
Munmoth Caps 30 dozen Munmoth Caps 20 dozen
Crocus Canvas for cotton Baggs, Crocus Canvas to make Cotton
250 peeces Bages 250 peeoes
Cloth to make shirts 40 ells Linnen for Shirts 400 ells
Iron Tooles to the value of 40Z. Iron Tooles 40 pounds worth
Wax Candles 300 pounds weight Wax Candles 300 pounds worth
Wine two Tonns Wine two Tonns
Oyle 100 gaUons Oyle 100 Gallons
Nayles 10000 Nayles 10000
Cheese 2000 weight Cheese 2000 weight
Musketts 40 Musketts 40
Aqua vite or strong waters Aqua vitse or strong water] |
2 Tonns 2 Tonns
hatts 10 dozen Hatts 10 dozen
Powder 4 Barrells Powder 4 Barrells
Stockings 20 dozen , Stockings 20 dozen
Butter 20 ffirkins Butter 20 ffirkins
A Kke order Mutatis Mutandis, for the Ships the Peter
Bonaventure, and the Marcus of London, for the same
number of Passengers and quantities of provisions.
{p. 212. H 1.]
[448.] Whitehall, 10 January :
Vpon hearing the petition of his Majestys Subiects Inhabi- Barbados,
tants of the Island of Barbados presented by the Councell
and Burgesses their representative body to his Majestic and by
him referred to this Boord, and likewise the petition of Edward
Cranfield and Edward Shelley now attending his Majestie
and their Lordships from the Inhabitants of the said Island.
[All concerned are required to give their attendance at the
hearing of the business on the 15th instant, when the Earl
of Carhsle, Sir James Hay, and Archibald Hay, Esqr., (who
are to receive copies of the petition) will bring with them
the commission mentioned in the petition.] And Mr. Secre-
tary Windebank is desired to move his j Majestie to bee
graciously pleased to stay the proceedings on the said Com-
mission in the meane time. [p. 229. ^ 2.]
[C.S.P. I. p. 306.]
Barbados.
272 ACTS OP THE PEIVY COUNCIL (COLONIAL). [1640.
[449.] Whitehall, 15 January :
His Majestie and their Lordships having this day fuUy heard
aswell the Earle of Carlile and his Councell as some of the
Inhabitants of the Island of Barbados and their Councell,
touching a petition formerly presented to his Majestie, in the
name of the Inhabitants of the said Island, concerning a Com-
mission lately given by the said Earle, to Serjeant Major
Huncks, to bee Governor of the said Island, and his Majestys
Letter sent therewith approving of the said Governor fEoras-
much as it now appeared that there was not such respect and
obedience given to his Majestys saia Letter of the 16th of
March last, nor to the Commission graunted by the said Earle,
which the Inhabitants ought to have yielded ; His Majestie
and the Boord declaring that they ought to have admitted
the said Serieant Major Huncks according to his said Commission
and his Majestys expresse Commands, and after to have repre-
sented their Reasons of Greivances to his Majestie or the now
Earle, to the contrary (if they had iust cause) and not to have
taken vpon them to determine the right of the place, contrary
to his Majestys expresse Declaration, vpon any implyed Stile
to Captaine Hawley in a subsequent Letter or Commission given
him to another purpose, and then to render reasons of their
disobedience ; It was now Ordered by his Majestie (with the
advice of their Lordshipps) that the Inhabitants of the said
Island shall, in the first place, receive the said Serjeant Major
Huncks as their Governor, and settle him the said charge,
according to the Tenor and true meaning of the Commission
given him by the said Earle, ratified by his Majestys said Letter,
and vntill the said Huncks can, or shall, come to the said
Island to receave such Governor or depiity as the said Earle
shall appoint. And that if the ffreinds of Captaine Henry
Hawley shall within ten dayes after notice given to Edward
Cranfeild or Edward Shelley (who followe the cause for the
Island,) of this Order put in sufficient Security for Twenty
thousand pounds before the Clerck of the Councell attendant
to present himselfe within fower moneths (or as soone as hee
can get passage from thence) at the Councell Boord here,
aswell to answere such misdemeanors as are and shalbee
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 273
objected against him, touching his Carriagein the said place,
as to bee responsible for such Sums of money and other
demands as the said Earle shall hereafter make to appeare at
the Boord to bee due from him, to his Lordship and the ff cof-
fees of his Lordships ffather, then the said Captaine Hawley
shall haue leave to repaire hither as a ffreeman ; And, in such
case, It is Ordered by his Majestie that hee shall quietly enjoy
his Estate in Land and Goods in the said Island without any
Impeachment of the said Serieant major Huncks or of his
Majestys Commissioners aforesaid or any others whatsoever.
But if such Security shall not by the said day prefixed bee
here given by the ffreinds of the said Captaine Hawley,
according to this Order, and Certificate thereof given vnder the
hands of the Clerck of the CounceU attendant or if hee shall
not conforme vnto this Order and performe the same, then
the said New Governor or Deputy and his Majestys Com-
missioners are hereby Ordered and required to send him over
prisoner and to put all his Lands and Goods (by way of
Sequestration) into safe hands till further Order and direc-
tions from this Boord. Hereof all those whome it may concerne
are to take notice and to conforme themselves accordingly.
Ip. 244. H 2.]
[C.S.P. I. p. 306.]
[450.] Whitehall, 17 January :
[A pass to be granted for the Nephine of Bristol to go ^J.^^tj^*'°"
for New England and from thence to Newfoundland and so to
Spain for wines to bring for Bristol. The 125 passengers are to
take the Oaths at Crocan Pill, and the cargo list comprises] :—
150 Barrells of Beefe 150 dozen of Shooes 200 ella of Cloth to make
40 hogsheads of Mault 150 Suits of Clothes Shirts
40 hogsheads of Meale 150 dozen of Shirts 20 pounds worth of Iron
150 dozen of Stookins 150 dozen of Drawers Tooles
2 Tons of Wine 20 dozen of Monmouth 1000 weight of Candles
100 Gallons of Oyle Caps 20 dozen of Bootes
10000 Nayles 10 dozen of Hatts 10 hogsheads of pease
1 Tonn and halfe of 4 barrells of powder 250 weight of pewter
Strong water 20 Musketts 500 weight of Soape
500 weight of small shot 2 Tonus of Vinegar
15 hogsheads of Oatmeale [p. 249. T| 1.]
[C.S.P. I. p. 307.]
18
274 ACTS OF THE PETVY COUNCIL (COLONIAL). [1640.
Plantation
Trade.
Plantation
Trade.
[451. J Whitehall, 17 January :
[A like pass for the Felloiuship of Bristol for a similar
voyage (calling at Malaga for wines). The lading for the
outward journey is as follows] : —
40 dozen of monmouth Caps
400 els of Cloth to make 8 barrells of Powder
shirts
40 pounds worth of Iron
Tooles
2000 weight of Candles
4 Tonns of Wine
200 Gallons of Oyle
20000 of nailes
3 Tonus of Strongwater
20 dozen of Hatts
250 Passengers
300 barrells of Beefe
80 hogsheads of mault
80 hogsheads of meale
300 dozen of Stockings
300 dozen of Shooes
300 Suits of Clothes
300 dozen of Shirts
300 dozen of Drawers
40 musketts
1000 weight of small shott
30 hogsheads of Oatmeale
20 hogsheads of Pease
500 weight of Peweter
1000 weight of Soape
2 Tonns of Vinegar
[p. 250. II 1.]
[C.S.P. I. p. 307.]
[452.] Ibid.
[A like order for the Desire of New England on the petition
of George Foxcroft and the other owners, who] having Estates
lying in New England aforesaid in Clapboords pipestaves
Hoopes ffish and other Commodities and intending to buy ffish
in Newfoundland to transport into Spaine and other places
humbly besought the Boord that they might bee permitted
not onely to proceed with their said ship in this Voyage, but
have leave to take in and carry such passengers and pro-
visions for New England, as shalbee offered, without which
helpe they cannot proceed in theire Intentions nor possesse
themselves of their Estates in New England. [The Desire is
to carry passengers and provisions as follows] : —
50 Passengers
Butter 15 firluns
Cheese 10c. weight
Beefe 20 hogsheads
Porke 10 hogsheads
Wheate and Wheat
meale 30 quarters
Rye and Rye meale 20 quarters
Gates and Oatmeale
20 quarters
Mault and Barley
150 quarters
Powder 10 Barrills
Bisquit 10 thousand
Tallow and Suet
40 Barrells
Shooes 200 dozen
Bootes 10 dozen
Pease 20 quarters
Candles 50c. weight
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 275
The like Order for the Ship called the William and George
of London to export the passengers and provisions following : —
Passengers 180
Butter 40 fi&rkins
Cheese 35c. weight
Beefe 50 hogsheads
Porke 20 hogsheads
Wheat and Meale 100 quarters
Rye and Rye meale 60 quarters
Oates and Oatmeale 60 quarters
[453.] Whitehall, 19 January:
Mault and Barley 200 quarters
Powder 30 Barrells
Bisquet 30 thousand
Tallow and Suet 60 barrells
Shoes 300 dozen
Bootes 20 dozen
Pease 60 quarters
Candles 80c. weight
[p. 250. ]I 2.]
[C.S.P. I. p. 307.]
[A license for the Sparrow of New England (50 tons) Plantation
to proceed thither is granted on the petition of Thomas
Hawkins and Nehemiah Bourne, merchants, the owners of
the vessel. Besides fifty passengers the ship's consignment
includes] : —
50 quarters of Mault
30 quarters of Pease
10 quartersof Oatmeale
20 quarters of Wheate
20 hogsheads of Meale
50 dozen of Shooes
10 dozen of Bootes
30 Hides for Soles
40 hides for vpper
leather
50 dozen of Candles
The Shipp the Merchant
Adventurer of London
burthen of 300 Tonns
180 Passengers
300 quarters of Mault
200 quarters of Pease
200 quarters of Wheate
200 hogsheads of Meale
200 dozen of Shooes
100 hogsheads of
Oatmeale
50 dozen of Bootes
200 dozen of Candles
The Shipp the Schipio
of London, burthen
300 tonus
180 Passengers
300 quarters of Mault
200 quarters of Pease
200 quarters of Wheate
200 hogsheads of Mealo
200 dozen of Shooes
100 hogsheads of
Oatmeale
50 dozen of Bootes
200 dozen of Candles
[p. 253. H 1.]
[C.S.P. I. p. 307.]
[454.] Whitehall, 24 January :
A Letter directed to the Earl of Northumberland Lord high Newfound-
Admirall of England. Whereas John Lane Merchant dwelling ^^ '
at or neare Dartmouth is now preparing and making ready
a ship called the Woolfe of the burthen of 320 Tonns or
276 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640
thereabouts to gee to the Bay of Verds with an intention
to disturbe and preiudice the ffishery there which Lane having
been sent for by Warrant from the Boord vpon pretence of
sicknesse refuseth to appeare at this Boord on purpose to
gaine time to set forth the said shipp. Wee have therefore
thought good hereby to pray and require your Lordshipp forth-
with to give directions for the sure staying the said ship, vntill
such time as the said Lane hath answered vnto such things as
shalbee objected against him, or till further Order from this
Boord. [p. 255. ^ 3.]
[C.S.P. Dom. '39-'40. p. 369.]
[On the 28th December 1639 a warrant had been directed
to Wilham Martin, messenger, to bring Lane before their
Lordships.] [p. 214. last %]
Plantation
Trade.
Newfound-
land.
[455.] Whitehall, 26 January :
[On the petition of " Stephen Goodyere Merchant and
Richard Russell Partner and Master of the Shipp the St John
of London of the burthen of 320 tonus," a pass is granted
for the vessel to proceed on a voyage to New Eng-
land, Newfoundland, and Spain. Two hundred and fifty
passengers are carried and the lading is returned as follows] :—
40 dozen Monmouth Caps 20 dozen of Hatts
300 barrells of Beefe 400 ells Cloth to make
180 hogsheads of Mault shirts
80 hogsheads of Meale 40 pounds worth Iron
300 dozen of Stockins
300 dozen of Shooes
300 suites of Clothes
300 dozen of Shirts
300 dozen of Drawers
Tooles
2000 weight of Candles
a Bell of 20c. weight
4 Tonns of Wine
200 Gallons of Oyle
2000 Nailes
3 Tonus of Strong water
8 BarreUs of Powder
40 Musquetts
1000 weight of small shot
300 hogsheads of
Oatmeale
200 hogsheads of Pease
500 weight of Pewter
1000 weight of Soape
2 Tonns of Vinegre.
[p. 262. H 1.]
[C.S.P. I. p. 307.]
[456.] Inner Star chamber, 31 January :
Whereas John Lane of Drexham [Brixham] in the County of
Devon Merchant did this day by his petition represent that being
served with a Warrant from the Boord dated the 24th of
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL) 277
December wherein hee is required to attend their Lordships ;
Hee being fallen sick some dayes before and soe continuing
still is at the present soe weake that hee is not able to travell
as may appeare by a Certificate vnder the hand of
Frederick Wauchope Doctor in Phisick dwelling in Totnes ;
but soe soone as hee shalbee able, if it bee their Lordships
pleasures, he will not faile to attend the Boord ; and humbly
desired that his stay might bee respited till the 25th of Maich
[permission is given with an order] not to faile to give
his Attendance at that time. [p. 270. ^ 4.]
[C.S.P. Dom. '39-'40. p. 409.]
[On 21 March notice is entered that Lane attended
according to his bond.] [p. 387 *[| 2.]
[457.] Inner Star chamber 31 January :
A Letter directed to the Governor and Councell of Virginia. Virginia
Wee perceave by an Order made at the Quarter Court holden
at James Citty in Virginia the 26th of March 1639. That
Thomas Stegg Merchant and Jeremy Blackman Mariner
having made an offer to furnish that Plantation with Horses
Mares and such like Beasts of Carriage provided that they
might bee permitted to export from thence the like number
of Neate Cattle which Sir John Harvy Knight then Governor
and the rest vpon consultation finding to bee of greate vse
and consequence to the Colony and an Advancement of the
publique good both in Warre and peace in accomodating
Marches vpon the Enemies and discoveries with other private
Affaires, did passe an Act in that Court wherein they did
allowe the said Thomas Stegg and Jeremy Blackman or their
Assignes to bring in the said Horses Mares and Assenicoes
and to take from thence Neate Cattell accordingly, which
Wee well approving of have thought good hereby to recom-
mend the same vnto you the now Governour and Councell
praying and requiring you to confirme the said former Act of
Court and see that it bee duely kept and observed.
[p. 283. t 2.]
[C.S.P. I. p. 308.]
278 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640.
New
England.
Barbados.
Newfound-
laud.
[458.] Whitehall, 29 ffebruary :
[On the petition of Edward Payne, owner, and Robert
Clay, master, of the Susan and Helen, a pass is granted
for the vessel to proceed to New England thus freighted,
viz] : —
Meale 100 hogsheads
Mault 100 quarters
Rye 40 hogsheads
Pease 40 quarters
Oatmeale 30 quarters
Candles 150 dozen
Oates 40 quarters
Showes 200 dozen
Butter 200 ffirkins
Cheese 200 waight
Beefe 150 hogsheads
Powder 8 Barrells
Porcke 4 hogsheads
Aquauit» 4 hogsheads
Bisckett 10000
[p. 323. 1! 1.]
[459.] Ibid.
[A pass for the Victory bound for Barbados with]
200 Passengers 200 gallons of oyle 30 hogsheads of oatemeale
250 dozen of Shoes 20000 of nayles 500 weight of pewter
300 dozen of Shirts 3000 weight of Cheese 1000 weight of Soape
300 dozen of drawers 60 fifirkins of Butter 2 tuns of Vineger
SOdozenof MunmothCapps 40 Musketts
250 peeees of Crocus
Canvas for Cotton
400 ells of Cloth to
make shirts
50 pownds woorth of
Iron tooles
2000 weight of Candles
4 tunnes of wyne
4 tuns of aqua uitse
and strong water
20 dozen of hatts
8 Barrells of powder
200 dozen of Stockings
2000 weight of small
shott
40 dozen of Bootes
40 hogsheads of Mault
40 hogsheads of Meale
20 Barrells of Pease
[p. 323. % 2.]
[460.] Whitehall, 8 March :
'...Whereas his Majestie and the Boord did this day heare
the Complaints of Mr. ffowell of Plymouth authorized from
the ifishermen of the West Cuntry trading on the coast of
Newfoundland, to complaine against Captain David Kirke
knight and others of the Planters residing there. It was
this day in the first place by him declared that hee did not
complaine, neyther had Commission to complaine against the
Plantation of that Cuntry or against the Patent granted by
his Majestie to the Lord Marquis Hambleton the Lord
Chamberlaine the Earle of Holland and others, but only of
the grievous oppressions, exactions, and iniuries, by him
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 279
aUedgod to bee committed against the ffishermen of the West
cuntrey by Captain David Kirke knight and other the
Planters residing there contrary to the provisions of his
Majestie expressed in the sayd lietters Pattents, and contrary
to the Ordinances setled by his Majestie with advise of the
Boord for the goverment, and preservation of the ffishermen
of New found land, in the 9th yeare of his-Majestys Raigne
which Ordinances are liltewise in the saj^d Letters Pattents
for Plantation provided for that they shall bee duely, and
inviolably kept by all persons. Which declaration is ordered
to bee Registred in the Councell Booke. It was likewise by
his Majestie with advise of the Boord fm-ther ordered, that in
reguard the sayd Complainte were of very many heads, and
that the proofes thereof were like to prove very long, that
his Majesties Attorney and SoUicitor generall shall take the
said Complaynts and proofes taken by the Mayors of Plymouth,
and Dartmouth now offered to bee shewne into consideration
and make Report to the Boord of the true state thereof, with
aU possible speed, and that in the meane tyme Letters shalbee
written by the Boord in his Majestys name (in reguard infor-
mation is given that the fishing shipps are shortly to goe on
theyr voyage) requiring and strictly enioyning Captain Klirke
and the planters to conform to the directions contained in the
Letters Patent and the Ordinance already mentioned.
[f. 351.]
[461.] Whitehall, 11 March :
A letter directed to Sir David Kirke knight. [Whereas Newfound-
many grievous complaints have been made to his Majesty of ^"'^•
your disregard of the Ordinance touching Newfoundland and
the letters patent of the plantation, which] his Majestie and
this Boord are not apt or hasty to believe, by reason of the
good opinion had of your fidelity and discretion, but have
referred the same to further examination and proofe to bee
made whereof you shall heare further hereafter as the same
shall fall out eyther to your condemnation or to your
cleering and reparation for a causeless clamor against you
But in the meane tyme wee doe by his Majesties especiall
280 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640.
command strictly enio3Tie and require you, that you bee very
carefull punctually to observe and performe all the provisions
inserted [in the documents already referred to for the
government of Newfoundland].
Postscrip — Our intention by this letter is not to restreyne
you, but that you may reserve roome for one of the Shipps
of the Pattentees in each of the 4 harbors following 1 Petty
Harbor 2 St Johns 3 Torbar 4 Bay of Verds, so as you
deteyne not any more roome then is iust and necessary for
you to make vse of. [p. 356. ^ 1.]
[462.] Whitehall, 13 March :
SuF. Gorges. A letter directed to Sr fEerdinando Gorge. Vpon Con-
sideration this day had of the humble petition of Adrian
Tucker for the payment of a summe of 111. 19s. 5d. claymed
by him from you for wages for service done long since vnto
you and others Adventurers to New England . . fforasmuch as it
appeareth by Certificatt of . . . Mr. Thomas Eyre of the 31th of
October last that the sayd Summe of 111. 19s. 5d. is iustly due
vnto him the sayd Tucker from you for his sayd wages for three
yeares and three monethes ended the 17th of June 1633 and
ought to haue bene payed him out of [the 24.41. ordered on
20 March and 28 May 1639 to be paid to the poor people
on Mr. Thomas Eyre's register for wages due to them]. And
that the reason why the sayd Tucker was not comprised in
a list of those whose demaunds were formerly examined and
ordered to bee paied, was because when the rest of the Ser-
vants wages were audited before Sir John Wolstenholme and
Sir Abraham Dawes, the sayd Tucker appeared not, the sayd
Tucker being then sicke as is alleadged. [You are therefore
to pay the said sum or to] shew Cause (if you can) why a
iust debt soe long since due to the petitioner should not bee
payed vnto him, for that your petition formerly exhibited
in aunswere to the complainte of the sayd Tucker doth not
any waies satisfie vs. [p. 366. Tf 1.]
[463.] Whitehall, 18 March :
Christopher. ^^^ *^® petition of the trustees for the late Earl of CarHsle
for military stores for St. Christopher in supplement to those
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 281
voted on 28 May 1639, the Lord Treasurer is required
to give warrant for transporting thither] both such
quantities of powder as are directed by the Order of the 28th
of May last., and such proportionable match and shott, and
such number of Musketts Rests and Bandoliers, as they att
convenient tymes shall desier, and his Lordshipp shall find
not inconvenient for his Majestys service. [p. 380. If 1.]
[464.] Whitehall, 20 March :
Vpon the humble petition of William Harris and Thomas Plantation
Trade
Deacon Cheesemongers Shewing that there is now gi-eat plenty
of butter and Cheese in this Kingdome And that there is
sufficient to supply all the Kings occasions att very reasonable
prices and yet there will remaine greater quantityes of those
Commodityes on theyr hands then they can vend whiles they
are good which might tend to theyr Ruyne if not seasonably
vended, and therefore did humbly desier Lycence to transport
a thousand ffirkins of butter and five hundred weigh of
Cheese from the Port of London to any of his Majestys forraigne
plantations paying his Majestie such Customes and dutyes as
hath ben vsuall [the petition is granted]. [p. 382. ^ 2.]
[On the 27th, John Bailey having a great quantity of good
cheese left on his hands after provisioning the King's Army
in the North, is permitted to furnish the plantations with
•WO weys at 2kZ. per lb.] [P- 407. ^ 1.]
[On 10 April license to export 300 weys of cheese to the
plantations is granted to John Chesten and Dennis Gauden,
they having after the Scottish expedition purchased large
quantities from John Crane, victualler for the Navy, at
36/8 and 40/- per wey.J [p. 434. If 1.]
CHARLES I. VOLUME XVII. Part 2. (Ap.-Sep. 1640).
[465.] Whitehall, 10 AprU :
[A pass to New England, Newfoundland and Spain for Plantation
the Hopewell of Barnstaple, carrying : — ]
120 Passengers 015 : hogsheads of Porke
060 : quarters of Wheate and 060 : farkins of Bacon
Wheate Meale 060 : hundredweight of Cheese
Plantation
Trade.
Plantation
Trade.
282 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640.
040 : quarters of Bye and Bye 030 : Hundredweight of Tallow and
meale suett
040 : quarters of Oates and oate- 100 : dozen of Shooes
meale
100 : quarters of Mault and Barley 020 : hundredweight of Candles
040 : quarters of Pease 010 : BarreUs of Gun-powder
030 : hogsheads of Beefe
[In justification of the export of provisions, the petitioners
plead parenthetically] — the rather for that those parts have
(God be praysed) plentifully abounded this yeare with all
manner of Graine and other provisions. [p. 428. f 1.]
[466.] WhitehaU, 10 April :
[A pass for Matthew Abroy, master of the Hopewell of
London, lately returned to Bristol from New England, New-
foundland, and Malaga in Spain, to repeat the voyage, carry-
ing on the outward journey : — ]
Passengers . . . . 120 Porke 15 : hogseheads
Wheate and wheat meale 060 : qra Bacon 60 : ffirkins
Bye and Bye meale . . 040 qrs Cheese 60 : C.
Oates and Oate Meale . . 040 : qrs Tallow and suet . . 30 : C
Mault and Barley 100 qt Shooes 100 : dozen
Pease 040 qrs Candles 20 : C
Beefe 30 hogseheads. Gunpowder . . . . 10 Barrells.
[p. 429. H I.]
[467.] Ibid.
[A similar pass for the Charles of Bristol, with — ]
250 Passengers 004 Toims of Wyne
300 Barrells of Beefe 200 Gallons of Gyle
100 Barrells of Butter 20000 of Nayles
200 Kentills of Cheese 040 Musketta
080 hogesheads of Molt 003 Tonns of strong water
080 hogseheads of Meale 020 dozen of Hatts
300 dozen of Stookins 008 Barrells of Powder
300 dozen of Shirts 050 dozen of Bootes
300 suites of Clothes 040 hogseheads of Pease
300 dozen of Drawers 040 hogseheads of oatemeale
300 dozen of shooes 002 Tonns of Vinigere
040 dozen of Munmoth Capps 040 quarters of Come
400 Ells of Cloth for shirts 1000 weight of smaU Shott
1001. worth of Iron Tooles 500 weight of Pewter
2000 weight of Candles 1000 weight of Soape
012 Tonns of sheet Lead.
[p. 430. ^ 1.]
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 283
[468.] WhitehaU, 10 April :
[A similar pass for the William and John of Bristol Plantation
with—] T^^'l^-
060 Passengers
060 dozen of shooes
020 hogsheads of Beefe
020 peeces of broad cloth to
make suits
2500 bushells of Mault in Bulke
050 barrells of Butter
020 hundred of Cheese
012 Tonns of Lead
010 dozen of hatts
200 ells of Lynnen Cloth for shirts
020 dozen of Drawers
20 dozen of Monmoth Caps
020?. worth of Iron Tooles
010 Barrells of Oatemeale
020 barreUs of Meale
020 barrells of pease
2 Tonns of strongwater
2 Tonus of W3fne.
[p. 431. 11 1.]
[469.] Whitehall, 27 May :
[A pass for the Charles of Gloucester, a new ship, to go Plantation
to the Plantations and Newfoundland with — ]
Trade.
100 pa.ssengers
80 hogsheades of Mault
40 hogsheades of Meale
150 dozen of Stockings
150 dozen of Shooes
500 yards of WoUen cloth
20 dozen of Bootes
400 elles of linen 40 hogsheades of Pease
Cloth for Shirtes 1 Tonne of Soape
40?. worth of Iron Tooles 150 dozen of Pins
20c. weight of Candles 4 Tonn of Cheese
5000 weight of Nailes 30 barrells of Butter
2 Tons of Strongwaters 50 head of Neat Cattle
40 hogsheades of 50?. worth woUen Cloth
Oatemeale to make suites.
10 dozen of Hatts
[In the petition it is said that the trade of Gloucester] by
reason of the shelves and foulnesse of the River (which the
Petitioners together with divers other Merchants intend to
cleere, and make navigable and fit for Trade as formerly)
is much neglected and decayed. [p. 509 ]] I.]
[470.] Ibid.
[A like pass for the Amity
of London, carrying — ]
120 Passengers
100 Hogsheades of Meale
50 hogsheades of Mault
20 hogsheades of Oat-
meale
80 ffirkins of Butter
300 weight of Cheese
60 dozen of shoes
2000 wt. of Bisquit.
80 dozen of Candles
30 ffirkins of Suett
8 hogsheades of Beefe
26 hogsheades of Pease
6 Barrells of Powder
30 Musquetts.
[p. 510. 1| 1.]
284 ACTS OP THE PRIVY COUNCIL (COLONIAL). [J 640.
[471.] WhitehaU, 15 July:
Bermudas Whereas theyr Lordshipps were this day informed that the
Shipp the Diamond whereof Thomas Burton is Master and
sett forth by Maurice Thompson and others is now att Graves-
end and ready to sett sayle as is supposed for the Summer
Islands . . . the Earle of Northumberland Lord Generall of
his Majesties Army and Lord high Admiral! of England [is]
to cause stay to bee forthwith made of the sayd shipp the
Diamond untill theyre Lordshipps have receaved further
Information and shall give further order herein.
[p. 633. H 5.]
[472.] WhitehaU, 26 July :
Virginia. Whereas his Majestic and the Board were this day informed
that the Gouernor and Councell of Virginia had corapla3Tied
against Richard Kempe Esqr. Secretary of that Colony whoe
being questioned for some very scandalous speeches charged
upon him against the Lord Arch Bishop of Canterbury his
Grace, secretly departed without Lycence into England
leaving the Records and other papers in that Colony both
concerning his Majesties Service, and private mens Interests
in great confusion, and had complayned likewise against one
Dyer Master of a Shipp for transporting the said Kempe
without lycence, out of the Colony which Complaints were
referred by the Lords Commissioners for forayne Plantations
under the Great Seale of England to the Lord Goring Sir
Thomas Rowe and other the Subcommittees for forayne
Plantations who did convent before them the sayd Richard
Kempe and PhiUp Dyer and acquainted them with the sayd
complainte and reference unto them whoe for Aunswere there-
unto produced unto them a petition of his owne unto his
Majestic pretending to informe his Majestie of some thinges
done there, by the Governor, and Councell to the preiudice of
his Majesties Revenew and that he came away to informe
his Majestie thereof. And further by the sayd petition desiered
that instead of being referred unto them the Subcommittee
for foraigne Plantations for the Examination of his sayd
1640.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 285
Information and his coming away thereupon he might bee
referred unto some honorable persons by him named in the
sayd petition. And shewed them a Reference from his Majestic
of the 14th of this Moneth to the effect by him desiered and
a Coppie of a Letter from his Majestic to the Goiiernors and
CounceU of Virginia by which his Majestic doth approve of
the said Kemps coming away and of the sayd Dyers trans-
porting of him, the business being lefte to bee examined
afterwards by the said Referrces Whereupon the sayd Com-
mittee did forbeare any further proceeding upon the Reference
of the Lords Commissioners for fforayne Plantations and did
now represent the same to his Majestic and the Board.
[His Majesty, considering the irregular procuring of his
own letter and reference, revokes these, and renews the
reference of 19 July to the Sub-Committee, who are to report
the matter for final decision to the Commissioners for
Foreign Plantations.] [p. 665. Tf 1.]
[473.] *Whitehall, 31 July:
Whereas an humble petition was presented to theire Lord- Virginia and
shipps in the name of the Gouernor Councell and Burgesses of ^^'^''yi'^nd.
of the Grand Assembly in Virginia Shewing That his Majestic
and the Board had bine pleased from tyme to tyme, to require
the Gouernor and Councell of Virginia by Instructions directed
to them to cause the people there, to lessen the quantityes of
their Tobacco, and to ymploy themselves to the raysing of
some more staple commodityes which was never yet duly
executed though the same hath bine often treated on att
Grand AssembKcs The great Ingagements and debts of the
Planters specified in Tobacco having hitherto byn constantly
pleaded as the maine obstacle and pretended impossibihty
for the effecting thereof and hath still occasioned the Planting
of such great and vast quantityes of Tobacco whereby the
sayd Comodity is brought to noe esteme or value to the great
* This section itself is imdated, but the following section is dated 31 July.
Both occur on interpolated leaves, found according to a memorandum
inserted in the Register — "by Mr. Lemon in the month of January 1856 in the
State Paper Office, where they had been for above 160 years among some
undated papers relating to Trade and Plantations."
286 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640.
loss and preiudice of the Adventurers and the utter ruine of
the Planters in theire maintenance and subsistence That for
redress therein and for the Advancement of the price of Tobaccoe
de futuro, the principall Marchants and most considerable
number of Adventurers to the said Colony had by propositions
subscribed with theire hands and transmitted thither the last
yeare 1639 consented and agreed That in case all the Tobacco
planted there in the sayd yeare 1639 were absolutely destroyed
and burnt, Excepting onely soe much in equall proportion
for each Planter as should make in the whole Twelve hundred
thousand pounds of the Absolute best of the sayd Tobacco,
and noe more, and that the same have all the Stalks stripped
forth and smoothed. That in consideration thereof they were
content to accept and receive fforty pounds of the sayd best
Tobacco soe stripped and smoothed in full satisfaction of
every hundred pound weight of Tobacco then due unto them,
and which should grow due unto them for any goods solde
untill or before the Publication thereof in Virginia. Provided
that the said iOlb. wt. for every hundred wt. bee paid att such
tymes respectively as the sayd debts shall grow due. And
further that in two yeares then next ensuing vizt 1640 and
1641 such restrainte bee had in planting as that there bee
onely made twelve hundred thousand weight yearely of the
like good absolute Tobacco strippt and smoothed and noe
more, and if there bee any surplus beyond that quantity
the same to bee yearely destroyed and burnt in consideration
of the aforesayd Abatements. Which aforesayd Propositions
haveing bin debated and duly weighed att the Grand Assembly
in Virginia summoned by the new Gouernor Sir ffrancis Wyatt
presently after his comeing over, and the same being
found and conceived to bee for the Advancement of the sayd
Commodity and theire aU good and prosperity of the
said Colony as likewise the ready and onely meanes in con-
formity to the sayd Instructions of his Majestic and this
Board for the gayning of tyme towards the raysing of more
usefuU and profitable Commodityes hytherto wholly neglected
through the sole intendment of Tobacco. .The sayd Assembly
1640.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 287
in discharge of theire dutyes to his Majestie and the Weale
publique did thereupon thinke fitt to comply with the sayd
Propositions or att least with the intent of them testified by
divers present att the subscription, by enacting a Law in the
first place for the burning of all the bad Tobacco of that
yeere 1639 which being done, in reguard by such burning of
the bad as aforesaid, it was found that the Tobacco would
not bee reduced and lessened to the proportion desiered in
the Propositions It was thereupon further ordered that halfe
the good Tobacco should bee likewise destroyed and burned.
And that for the then two next ensueing yeares there should
not bee planted above twelve hundred thousand weight per
Annum within the sayd Colony and the same to have the
stalkes striped forth and smoothed. [Now, although most
of the planters and adventurers subscribed these pro-
positions, yet some individuals who were not present
and did not subscribe may] upon pretence of Injustice
done unto them by such burninges and destroying of
theire Goods traduce the good intents of the petitioners
by Complainte to this Board aggravating the bare Acts
without the Circumstances thereof [or bring actions against
their agents in VirgiDia or against the Governor and Assembly,
the petitioners therefore seek confirmation of the Act by
the Council, with a further order] to other Plantations especially
to those that are neighbouring and confyneing on them within
the auntient bounds and lymitts of Virginia that there bee the
like stinting and regulation of Tobacco there, because other-
wise it may be doubted that the excessive quantityes planted
by them will keepe the same still as despicable a drugg as it
is besides the desier of planting att their full Uberty will induce
numbers to .remove from Virginia, whereby the sayd Colony
would in short tyme bee deserted. [Lastly, in consideration
of the pubhc charges akeady heavy on the planters and now
to be more heavy by reason of the stinting of tobacco, the
petitioners pray his Majesty to remit the arrearages of the
quitrents of twelve pence on every fifty acres of land,
promising to pay these thenceforth as they should fall due.
288 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1640.
The petition was remitted to the Rub-committee for Foreign
Plantations who reported that on consideration of the
petition and of Lord Baltimore's objections against the restraint
of neighbouring plantations, they were of opinion] that they
of MaryLand ought to conforme themselves for the future
in theire planting of Tobacco, to a proportion agreable to the
sayd Reglement now established in Virginia. [The only part
of Lord Baltimore's objections which appears material or
considerable concerns provision of shipping for their yearly
supply of clothes and other necessaries out of England, and
to meet this demand it is recommended that there be
allotted to Maryland such part of the shipping sailing for
Virginia as they shall demand or as shall be otherwise
assigned unto them by the Commissioners for Foreign Plan-
tations or by the Sub-committee. It is recommended that
the arrears of quitrents be remitted — ] the rather for that
the gathering of the sayd Arerages woulde bee very difficulte
(if not impossible) in reguard scarce the hundreth parte of
the sayd Lands hath been planted, and manured, being taken
up, more to keepe the clayme on foot then for any benifitt
made thereof [Finally it is recommended that the regu-
lations be ratified as desired and entered in the Book of
Council Causes. This report of the Sub-committee is approved
and confirmed by the Council save in respect of the stinting
of Maryland tobacco. This is not to be enforced during the
present two year term specified in the Virginia Act, but if the
regulation should be continued for any longer time in Vir-
ginia] then the sayd Reglement and restrainte shalbee estab-
lished and observed in MaryLand for such tyme and in such
manner as the same shalbee continewed in Virginia.
[pp. 680 a-d.]
[474.] Hampton Court, 6 September :
Hantation [Passes for the Honour, the Oeorge and Rebecca, the Richard
and Anne, the Gift of God, and the Dorset, aU of London, to
sail for Virginia, with lading given for four of them as
follows :]
1640.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 289
150 Passengers
150 dozen of shooes
90 doz. of shirts
65 doz. of drawers
25 doz. of Monmouth
Caps
800 ells Linnen Cloth for
shirts
The Honor.
60 dozen of Candles 1500 weight of Cheese
6 BarreUes of Gunpowder 3 Tunnes of Wine
9000 weight of shot
3000 weight of Soape
150 Suits of Clothes
30 doz. of WoUen
Stockings
80 doz. of Irish
15 Peices of WoUen Cloth Stockings
to make Suites 15 doz. of Wastcoates
30' worth of Iron Tooles 15 doz. of Hatts
10™ ot Nayles. 30 ffirkins of Butter
The George and Rebecca
140 Passengers
140 dozen of shooes
80 dozen of shirts
60 dozen of Drawers
20 dozen of Monmouth
Caps
12 peices WoUen Cloth
for Suits
500 elles Liimen Cloth
for shirtes
25' worth of Iron Tooles
80 thousand of Nailes
46 dozen oi Candles
6 barrells of Powder
6000 of shott
2000 of Soape
40 Suites of Clothes
25 dozen woUen stockings
70 dozen Irish stocking
12 dozen of Wastcoates
10 doz. of hatts
25 ffirkins of Butter
12c. pound wt. of Cheese
3 Tunus of Wines
150 Gallons of Oyle
12 hogsheads Mault
30 Musquetes 8 barr:
Meale
6 hogsheads Vinegar
600 of Pewter
400 ells Canvasse
50 cases of Strongwater
200 Gallons of Oyle
200 Gallons of Strong
waters
16 hogshead es of Mault
30 Musquets
8 Barrells of Meale
8 hogsheades of Vinigar
100 weight of pewter
600 ells of Canvasse
The Dorsett.
100 Passengers
5 quarters of Mault
10 dozen of shooes
30 ffirkins of Butter
20e. weight of Cheese
10 barrells of Powder
20000 nailes of all sorts
900 wt. of smaU shot
70 doz. of Candles
50 hogsheads Oatmeale
100 wt. Pewter
3 Tun of ffir. and Spanish
wines
2 Tuns of strong waters
Clothes for 100 Servants
Suits
Caps, stockings, a,nd
Hamackoes, 80 cases
[At the same time the
Charles of London
has a pass for the Sum-
mer Islands, carrying
passengers, and]
20 Barrells of Gunpowder
100 Musquets and Banda-
hers
50 haUe Pikes
2000 wt. of shot : 1000
of Match
20 hogsheads of Meale
100 dozen of Candles
150 dozen of Shooes
[p. 714. ^ 3.]
[For the Honour, C.S.P. I. p. 315.]
19
The Gui/t of God
100 Passengers
100 dozen of shooes
60 dozen of drawers
15 dozen of Mon-
mouth Capps
200 ells of Linnen
Cloth for shirts
10 peices of WoUen
Cloth for suites
20' worth Iron Tooles
50 thousand of Nailes
40 dozen of Candles
40 barreUs of powder
6000 weight of shot
2000 weight of Soape
100 suites of cloth
20 dozen of stockings
10 dozen of Wastcoates
10 dozen of Hatts
20 ffirkins of Butter
1000 weight of cheese
2 Tuns of Wine
100 Gallons of Oyle
120 GaUons of Strong-
water
20 Musquets
60 busheUs of Mault
40 busheUs of Meale
4 hogsheads of
Vinegar
500 weight of Pewter.
290 ACTS OF THE PRIVY COUNCIL (COLONIAL). L1640.
[475.] Whitehall, 9 September :
Newfound- [j^ the ease of the complaints of the Devonshire men
using the Newfoundland fisheries against Sir David Kirke
and other planters there, the Attorney and Solicitor General
to whom the matter was remitted on the 8th of March, report
that the truth of the matter set forth in the petition is con-
troverted and in part denied by the defendants, and recom-
mend] that a Commission bee awarded into the Westerns
parte where the Witnesses reside, to examine the truth of all
the matters complajnied of. [The Council accordingly order
such a Commission to be drawn up by the Lord Keeper for]
such persons as his Lordship shall thinke fit to name and
appoint for that purpose. [p. 722. T| 1.]
[C.S.P. L p. 315.]
CHAELES I. VOL. XVIIT. (4 Oct. 1640-30 Aug. 1645.)
[476.] Whitehall, 29 November:
St. Lucia. [Captain Philip Bell representing to the Board] that
there is an Island in the West India called Santa Ijucia not
farre distant from Barbados lately planted by the English who
are now in great want for food and Cloathing and of Armes, and
Amunition whereljy to keepe and maintaine the said Island
and defend themselves from the enemies and Indians. And
therefore humbly besought theire Lordshipps to grant him
Fiycence to transport and cary to the said Island one hundred
and forty passengers with such goods and provisions as is
hereunder specified, [license is accordingly given to him to
transport to St. Lucia in the Friendship of London (Peter
Dod master): — ]
140 Passengers 30 Hogsheds of Meale
10000 Weight of Shot 50 ffirkings of Butter
1000 Weight of Soape 2000 of Cheese
30 Musketts 600 Dozen of CandeUs
200 Weight of Pewter 20 Hogsheds of Maulte
300 dozen of Shooes 20 Barrells of Powder.
[p. 60. H 2.]
1»41.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 291
[477.] Whitehall, 17 January :
[Captain Hawley's estate having been sequestrated according Barbados,
to the Order of 15 January 1640], His Majestie and their
Lordships having this day fully heard aswell the now Earle
of Carlile and some of the ffeoffees of the late Earl of Carlile,
as the said Captaine Hawley and CounceU on both sides.
It was . . ordered . . . That the said Captaine
Hawley or his Assignes shalbee forthwith put into quiet
possession of all his Estate in Lands and Goods whereof hee
was (by vertue of the said Sequestration) dispossessed, or of
soe much thereof as shalbee now remayning. And that the
now Earle and the said ffeoffees shall give good Security to
make good and satisfy unto the said Captaine Hawley what-
soever he shalbee damnified in his said Estate by the said
Sequestration. [On the other hand] Captaine Hawley shall
give Security to bee responsible to the said ffeoffees for
soe much as shall upon a just Accompt appeare to bee due
from him to the said late Earle or his Lordships ffeoffees
shortly after hee shall have possession of his said Estate
[Even if there is delay or difficulty about the giving of security
by any of the parties, Hawley's estate is to be restored forth-
with. If the securities be not given, the parties are left for
satisfaction of their respective claims for debt or damages
to the course of law. Hawley is neither to give security nor
to be sued before he has been repossessed of his estate.
Sergeant Major Huncks or whoever is now Governor of the
Island is to see to the speedy and complete execution of the
orders of the Board. [p. 79. 1| 1.]
[C.S.P. L p. 317.]
[478.] Whitehall, 31 March:
A Letter directed to the Lord high Treasurer of England New
England.
Whereas the Merchants Planters of New England have by
their petition complained that they have not been nor yet
are permitted to ffreight their Ships and to transport to the
said Plantations necessary Commodities for the safeguard and
defence thereof, as also for the support and rehefe of the
Inhabitants there. [Order is to given allowing them to
292 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1641.
transport not only passengers, but also all such commodities
as by their charter they are permitted and allowed to do.J
[p. 111. ^ 1.]
[479.] Whitehall, 23 September :
Virginia. A letter directing the Treasury, despite orders prohibiting
the export of certain of the goods, to grant passes for
Richard Quincy, William Allen, and other Virginia merhants
and planters, to transport thither in the Rebecca and the
Honour of London besides 1 40 and 1 60 passengers respectively
the following stores] to supply the wants of many thousands
of his Majesties Subiects there being otherwise unable to
Cloth and defend themselves.
In the Rebecca of London.
30 Musketta and fowling pieces, 2000 of Iron and Steele,
4 dozen of course Pettycoates
and wastcoats,
4 dozen of course felt hatts,
300 course Cloth suites,
4 dozen of boddyes for women,
50 course Ruggs,
100 course bedticks and matterises,
12 stufie sutes,
100 Come sacks,
1800 Ells of Canvas and Vitrys,
1800 Ells of Lockaram,
1000 weight of gunpowder,
1200 weight of Shott and buUetts,
1500 weight of Soape, 400 weight
of Suger,
1500 weight of Currans, Raisons,
and pruins.
50 pound of all sort of spices.
100 pound of pepper, 100 pound
of pewter.
100 pound of black, brown and
other thread.
100 gallons of Sallet oyle,
200000 of Nayles, 100 of Cheese.
haberdashers wares to the value
20 dozen of wollen Stockinn,
120 dozen of course shirts and
smocks,
200dozen of shoes, 100 doz. of Candles,
80 doz of Axes and Heads.
12 doz of Sythes and sickles
200 doz. of Irish and cotton stockina
20 doz of Munmouth Copps
50 doz of Cotton Wastcoates
50 dozen of vitry drawers[?]
10 peices of course broad cloth
15 peices of course kersey.
20 peices of course ffreeze.
20 peices of course Cottons
15 peices of perpetuanaes
40 peices of course Holland and
dowlasse
15 hogsh. of Malt, 16 hogsh. of Salt.
8 hogsh. of Meale, 8 hogsh. of Wyne.
16 hogsh. of Viniger, 12 firkins of
butter.
400 gallons of strong water and
Aquavitae
10 barrells of plough Irons, haspes,
hinges, and garnetts
of 101.
In the Honor of London.
10 barrells of gunpowder, 2000 20 hogsh. of Salt, 5 Tonns of Wyne
weight of shott, 5 Tonns of Viniger, 8 barrells of
60 fowling peices and Musketts
oyle
1641.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 293
200
2000
4000
5000
100
800
800
200
10
dozen of shoes, 200 doz. of
Candles,
hogsh. of Meale, 12 hogsh. of
Malt.
Ells of course Canvas
Ells of course Lockaram
Ells of dowlas, 20 barrells of
Nayles
dozen of Axes and Heads
yards of course Sreeze
yards of course Cottons
dozen of Irish stockins
firkins of butter, 10 barrells
of plough Irons,
[480.] Whitehall, 9 and 20
80 cases of strong water, 2 Tonns
of Aquavita
300 course Cloth sutes, 300 Canvis
Sutes,
20 doz of Monmodth Capps, 2000
weight of Soape
500 weight of suger, 100 weight of
pepper.
40 pound of severaU sorts of spices
1900 weight of Raisons, Currants, and
Pruans.
20 doz of wollen stockins
10 dozen of black and browne thread
10 peices of course broad Cloth
15 peices of course perpetuanaes
1200 weight of Cheese, 12 dozen of
Hatts
[p. 181. II 3.]
October :
[A pass for the Mayflower of London, John Cole master, Vir-inia.
to proceed to Virginia with — ]
passengers
350 Ells of Canvas
160 Ells of Holland
600 EUs of blew linning
600 peices of white CalUcoe
550 peices of Lockaram
100 cases of strong water
100 gallons of strong water in
Rundletts
40 peices of kersey
10 peeces of ffreezes
100 dozen of Irish stockins
40 Ruggs and other bedding
100 dozen of Candles.
20m. of Bread.
Im. of fiish 50 gallons of oyle
20 fSrkins of butter
400 dozen of Shooes
300m. of Nayles of all sorts
50 dozen of Baggs
4 Tonus of Canary Wine
10 peices of broad Cloth.
10 hogsheads of Meale and flower
12 cases of Soape cont. 60001.
1 hogshead of thread cont 6001.
30 kettles 20 potts
20 stewing panns
4 frying panns
haberdashers' ware 401. sterling.
24 hogsheads of Beefe
40 Tonns of Beere
60 busheUs of Pease
2 barrells of Gate Meale
40 dozen of Candles
16 barrells of gunpowder
[This warrant is dated the 20th and is followed by another
of the 9th permitting Lawrence Greene, merchant, to ship in
the same vessel] —
20 Passengers 200000m. of Nayles
1500 Ells of Canvas 39 Iron Potts and Kettles
450 Ells of Lockaram 6 stewing panns
830 Ells of Isingham Holland 12 Chafing dishes
30 EUs of bagg HoUaud 24 frying panns
Virginia and
Bermudas.
294 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1641
400 Ells of blew Linning 280 gallons of strong water
50 peices of Callicoe 400 gaUons of Canary wine
500 yards of Hreeze 2000 weight of hard soape
250 pound of course thread 35 dozen of Shoes
haberdashers wares to ye value of 101. 2 hogsheads of Malt
50 dozen of Irish stockins. 2 hogsheads of fflower.
[p. 186. II 1.1
[481.] Whitehall, 12 December:
[A warrant for the ship Dorsett of London to sail to
Virginia with] —
150 Cotton.
OlOBarrells Malt .
Passengers
Powder
Peeces 030
Shott 2000
Servants shutes Course . . 300
Shirts 040 dozen
Shooes 300 dozen
Candles 100 dozen
Canvis 2000 ells
Tregers 400 ells
Lockrum 2500 ells
Nayles 0200 m.
Howes and Axes . . . . 40 doz
Course Broad-Cloth . . 10 peeces
Course Carseyes . . . . 020 peeces
Irish Stockins . . . . 150 doz.
20 oeoes
06 Hogsh.
Salt 12 hogsh.
06 hogsh.
20 dozen
04 Tonns
15 peeces
03 Tonns
150 Cases
03 Tonns
Meal
Monmouth Capps
Wine
Perpetuanies
Sack
Strongwaters
Viniger
Oyle OSBarrells
Hard Soape
Sema Reasons . .
Course frise
Haberdashery Weares
of all sorts . .
25001bs.
2000 pound
0020 peeces
50 pound.
[A similar pass is granted for the Friendship of London,
bound for the Somers Islands with — ]
Salt 12 hogsh.
Monmouth Caps . . 20 doz
Wine 04 Tonna
Perpetuanes . . . . 12 peeces
Strong Waters . . . . 30 Cases
Aqua vitae 02 Tonus
Oyle 01 hogsh
Hard Soape . . . . 2300 pound.
Haberdasheries' wares
of all sorts . . . . 40 pound.
[p. 199. f 1.]
[C.S.P. I. pp. 322-3.]
[482.] Whitehall, 15 December :
West Indies. A Passe for CoUonel ffrancis Trafford to go to the parts of
America and the West Indies and to take with him his
30
Servants shutes Course . . 300
Shirts 20 doz
Shooes 100 doz
Canvis 2000 ells
Lockrum 2000 ells
Tregers 1000 ells
Nayles 200 m
Howes and Axes . . . . 010 doz
Irish Stockins . . . . 050 doz
Cotton 020 peeces
1641-60.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 295
servants with his Truncks of Apparell and other Necessaries,
with the Proviso not to go to Rome and the Usuall Clause to
the Searchers. [p. 202. ^3.]
[C.S.P. I. p. 323.]
[483.] Whitehall, 29 December :
[A warrant for the Samson and the Discovery of London West indies,
to go to the Caribbee Islands on the account of Edward
and Maurice Thomson and Edward Snelling, merchants and
adventurers to his Majesty's plantations in America, the
lading including for the use, service, and defence of the plan-
tation, the following prohibited commodities, viz. — 500 dozen
shoes, 200 swords and 200 muskets.] [p. 205. *f 1.]
CHARLES II. VOL. I. (3 May 1649-28 Sep. 1660).
[484.] Whitehall, 4 July, 1660 :
Upon a petition presented to his Majestic by divers Merchants Committee
for
and others, interessed in, and Tradinge to the English Plan- Plantations.
tations in America, exposinge the good behauiour and great
Meritt of Colonell James Russell (late Gouernor of the Island
of Nevis in the West Indies) : And humbly beseechinge his
Majestie to graunt his Comission for contynuance of him
the said Colonell Russell ia the Gouernment of the said
Island ; His Majestie this day sittinge in CouncUl hath
appointed the Lord Chamberlin, the Earle of Southampton,
the Earle of Leicester, the Lord Viscount Say and Scale, the
Lord Roberts, Mr. DenziU Holies, Mr. Secretary Nicholas
Mr. vSecretary Morice, Mr. Arthur Annesley, and Sir Anthony
Ashley Cooper or any three or more of them, to meet and
sitt as a Committee euery Munday and Thursday at Three
of the Clock in the afternoone, to receive, heare, examine, and
deliberate upon any Petitions, propositions, Memorialls, or
other Addresses which shalbee presented or brought in by any
person or persons concerninge the Plantations, as well in the
Continent as Islands of America : And from tyme to tyme
make their Report to this Bord of their proceedJnges.
[p. 63. IT 1.]
[C.S.P. I. p. 483.]
296 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1660.
[485.] Whitehall, 16 July :
West Indies. Seuerall of the Lords then sitting as a Comittee, touching
the Plantations of the Islands and Continent of America, And
having heard the Lord WiUoughby of Parham, who derives his
Title from the Earle of CarUsle for the Gouernment of the
Province of Carliola, wherein those Islands are contayned,
As also touching his Lordships pretence to a Grant of part of
Guiana, wherein Saranam, a Plantation of his Lordships, is
comprehended, Upon the one part, and upon the other part,
having heard seuerall Merchants Planters in the Barbadoes
against the deriuatiue Authority and desires of the said Lord
WiUoughby, both touching the Gouerment of those Islands,
and the Grant of part of Guiana, [the Committee are
directed to hear both parties on the 26th, and report to
the Council]. [p. 82. ][ 2.]
[C.S.P. I. pp. 483-4.]
[486.] Whitehall, 26 July :
Kidnapping. To the Cheife Officers of his Majestys Customes in the Port
of London, and to all Searchers and other Officers and
Ministers in the said Porte or at Graues-End or elswhere
whom it may concerne. Whereas an Information hath been
this day giuen at this Board, That diuerse Children from their
Parents, and Seruants from their Masters, are dayUe inticed
away, taken upp, and kept from their said Parents and Masters
against their Wills, by Merchants, Planters, Commanders of
Shipps, and Seamen trading to Virginia, Barbado's, Charibee
Islands and other parts of the West Indies, and their Factors
and Agents, and shipped away to make Sale and Merchandize
of, And if it happen any such bee found and discouered on
board of any Shipp or Vessell outward bound, and the said
Parents, Masters or other freinds of such Children or Seruants
demaund or require them of the said Merchants, Planters,
Commanders of Shipps or Seamen, Yet they will not lett them
goe, or sett them free, unlesse they have such Composition
for releasing them, as they shall rest satisfyed with ; A thinge
so barbarous and inhumane, that Nature itself, much more
1660.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 297
Christians, cannot but abhorre. And whereas this Board
was Informed, That, at this tyme, there is a Shipp, called
the Seuen Brothers, lately fallen downe towards Graues-End,
and two other Shipps in the Riuer of Thames in good f orward-
nesse to follow after in which there are sundry such Children
and Seruants of seuerall Parents and Masters, so deceived and
inticed away Cryinge and Mourninge for Redemption from
their Slauery. [The searchers and other officers at Gravesend
and in the Thames are to board these vessels and examine
the truth of the complaint, discharging any persons found
forcibly detained and in case of resistance placing the ship
under arrest and bringing the Masters before the Council. If
the Seven Brothers have left Gravesend, it is to be stopped in
the Downs and similar measures taken there.]
IfPV- 92-93.]
[487.] WhitehaU, 26 July:
A letter to the Earl of Carlisle. [The Committee of Plan- West indies.
tations] have this day heard a long debate between the Lord
Willoughby of Parham and the Planters of Carhola, Wherein
your Lordshipps Interest, aswell as the pretensions of others
persons, seemes to bee much concerned. And because wee
cannot make any cleare or satisfactory Report to his Majestie
or CounciU untill we haue had further Inspection into the
Grounds of the severall pretenders. Our desire is. That your
Lordshipp bee Pleased to send unto Us eyther the Originalls
or authentique Coppies of those seuerall Concessions and
Grants, which the late Earle (your Father) or your Lordshipp
haue had from the Crowne, those to bee heere ready to bee
produced at our meetinge appointed on Thursday the second
of August next. [p. 94. ^1.]
[488.] Whitehall : 17 August :
FA letter to the Lord Mayor and Aldermen of London.] Committee
of Trade
The Turkye, the Merchant Aduenturers, the East-India,
Greenland and East-Land Companys and likewise the iucor-
porated Traders for Spain, France, Portugall, Italy, and the
Weft-India Plantations [are to be desired] to present unto
298 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1660.
Jamaica.
Navigation
Act.
his Majestie, the Names of fowre of their most knowing actiue
Men (of whom, when his Majestie shall haue chosen two, and
unto this Number of Merchants added some other able and
well experienced persons, dignifyed also with the presence
and assistance of some of his Majesties Privy CouncUl) All
these to bee by his Majestie appointed, constituted, and
authorised, by Comission under the Great Scale, a^ a Standinge-
Comittee, to inquire into, and certify all thinges tending to
the Advancement of Trade and Commerce ; That so by their
prudent and faithfull Councill and Advice, his Majestie may
(now in this conjuncture, whil'st most Foraigne Princes and
Potentates doe, upon his Majesties most happy estabhshment
upon his Throne, seeke to renew their former AUyances with
this Crowne) insert into the seuerall Treatyes, such Articles
and Clauses as may render this Nation more prosperous and
flourishing in Trade and Comerce. Thus by Prudence, Care,
and Tndustr}^ improuinge those great Advantages to the
highest point of Felicity, which by its admirable situation,
Nature seemes to have indulged to this his Majesties King-
dome.
Signed : Edw. Hyde, chancellor : Albemarle : Ed. Manchester :
Tho. Southampton : Wm. Say and Scale : Jo. Roberts :
Arthur Annesley : Wm. Morice. [p. 131. If 2.]
[489.] WhitehaU : 5 September :
Ordered by his Majestie in Councell that the Committee
for the American Plantations doe informe thimselves of the
state of the Island of Jamaica, and to that end to send for any
persons that have beene imployed unto, or have traded thither,
and perticularly to send for Mr. Thurloe to receive such
Information as hee can give them of the state of that Island
in all respects, and accordingly to make theu- Report unto
his Majestie. [-^^ ^54 ^ 2.]
[490.] Whitehall : 9th September :
This day Mr. Attorney Generall attended the Board,
and with him Mr. Browne Clerke of the ParUament, who
1660.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 299
brought with him 13 Acts that have passed both Houses of
Parhament, which were read, and passed his Majesties appro-
bation in manner following. — 1. An Act for Encourageing and
increaseing Shipping, and Navigation.
[pp. 157-8.]
CHARLES II. VOLUME 11.
[491.] Whitehall, 17 October:
It was also Ordered, That the Duke of Albemarle (Lord Jamaica.
Generall) Mr Secretory Nicholas Mr. Secretary Morice and
Mr Arthur Annesley, bee a Comittee to consider of the
Businesse of Jamaica, and to put in Execution the Order
of this Board of the fift of September last And forthwith to
prepare a Coinission for Edward Doylie to bee Gouernor of
the said Island untill further Order, This to be dorm with
convenient Speed. [p. 8 ^ 3.]
[On 5 December the Duke of York, the Earl of Sandwich,
Mr. Denyil HoUes, and Mr. Vice-Chamberlain are added to
the Committee, which is directed to meet on the next day.
[p. 63.] On 1 February 1661, all business relating to
Algiers and Tunis are referred to this Committee, as well as
a paper from the Dutch Ambassador asking for the assistance
of some men of war from his Majesty, [p. 119.] On 7 Aug.
1661, the Duke of Albemarle is added to the Committee.
[p. 318.] On 14 Aug. the Earl of Manchester, Lord
Chamberlain to his Majesty, is added, [p. 337.]
[492.] Whitehall, 24 October :
[A Letter to the Master of the Ordnance in accordance Jamaica,
with an Order of the 1 9th on the report of the Committee for
Jamaica] : These are to pray and require you forthwith to deliuer
or cause to bee deliuered out of his Majesties Stoars vnder your
Commaund vnto Captain WiUiam Whiting Commaunder of
the Diamond Frigot these particuler provisions of Amunition,
MiHsioiis.
Jamaica,
300 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1660.
Cloaths, and other Necessaryes for Supply of the Stoars for
defence of that Island Vizt
Barrella of Powder . . . . 500
Suits of Fustian
1000
Barrells of Musket-shott . . 500
Shirts
. 2000
Match A double Proportion . .
Shooes pairs . .
1000
Pikes 1000
Footmens pumps
1000
Flint-stones . . . . two hhds.
Lynnen Stockings
2000 pair
[A letter to the Lord High Admiral in accordance with
the same Order, desiring him to give] speedy and effectuall
Warrant to the Victualler of his Majestys Nauy to prouide
forthwith fifty thousand weightt of good Bisquit for Stoars
for the Souldiers in the said Island, And the same to
deliuer or cause to bee deHuered to Captain WiUiam
Whiting Commaunder of the Diamond Frigot, Which the
Gouernour of the said Island is to take care to cause to bee
supplyed with Indian Corne, as it shaU bee spent.
[p. 16. Tin 1 & 2.]
[493.] Whitehall, 14 November :
Vpon reading . the Petition of Divers of his Majesties
Subjects Ministers and others for propagateing the Gospell
among the miserable Heathens in America setting forth the
hopefuU proceedings of that worke amongst the said Heathen
and humbly pra3dng that the Corporation mentioned in their
petition might be continued and the lands sett forth for main-
tenance thereof Secured [the Attorney General is directed to
prepare a draft for renewing the said charter, and to report].
[p. 33. 11 3.]
[494.] Ibid.
[Letters to the Officers of the Navy and Ordnance respec-
tively : — The Diamond frigate in which stores were to have
been conveyed to Jamaica being reported unfit for the voyage,
such other ship or vessel as the Duke of York shaU appoint
is to be employed]. [p. 33. last %]
Jauiaica.
[495.] Whitehall, 21 November :
[In making provision for the garrison of Dunkirk, order
1660.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 301
is given for the further payment to the Lieutenant of the
Ordnance of 11651. 6s. 8d. for ammunition for Jamaica.]
[p. 40. last %]
[496.] Whitehall, 28 November :
[A Privy Seal is to be prepared for his Majesty's signature Jamaica.
for issuing to a nominee of the Duke of York fifty pounds]
for buying of Seacoale for the Supply of his Majesties Forces
in the Island of Jamaica. [p. 49. last %.]
[497.] Ibid.
[The Committee for Jamaica are ordered to] meet on Friday Jamaica.
morning next at nine of the Clocke to take care of the speedy
prepareing and sending away such Provisions and Ammu-
nition as are already appointed to be sent to the said Island
and [to] give order for the speedy Dispatch of all such Com-
missions Instructions and Letters as are necessary to be
transmitted thither [and to consider, and report upon] the
humble Petition of Captain Thomas Linch and Capt. Epinetus
Crosse. [p. 50. 1j l.J
[C.S.P. I. p. 491.]
[498.] Whitehall, 29 November :
[The petition of the Earl of Kinnoull] concerning his Pretence Caiibbee
of Interest to the Caribee Islands by deed from^ the late Earle
of Carlisle [is referred to the Attorney General for examination.]
[p. 51. t 3.]
[499.] Whitehall, 30 November :
[Captains Lynch and Crosse of the forces in Jamaica Jamaica
returning from furlough are to have free passage in the frigates
Rosebush and Diamond with four servants and a ton of
goods for each. They are entrusted with the transport of
the ammunition and provisions being sent to Jamaica ; and
orders are issued to the Master of the Ordnance and the
Victualler of the Navy to deliver the stores to the captains
and pursers of the frigates named.] {pp. 54-6.]
Jamaica.
302 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1660.
[On 28 December free passage on these ships is allowed to
Colonel Samuel Barry with seven servants and four tons of
goods and on 4 January 1661 "upon his Majesty's allowance
of provisions by the way ' ' to Clemence Hillyard and
Martha Winter (with their families not exceeding five in
number) going to rejoin their husbands in Jamaica.]
[pp. 83 and 91.]
[500.] Whitehall, 30 November :
[The draft of a Commission for the Governor of Jamaica
is referred to the Jamaica Committee for consideration and
report.] [p. 57. H 2.]
[501.] Whitehall, 6 December :
Jamaica. La Response des Seigneurs du Conseil Priue du Roy
a son Excellence I'Ambassadeur d'Espagne sur ce
qu'il a propose au Roy.
Le Roy notre Seigneur nous ayant communique le Cayer
que votre Excellence luy a presente ou vous luy demandez
que suiuant les articles . . de la Paix faite avec
I'Espagne en Pan 1630, et I'ordre qui sa Majeste a donne dans
sa Proclamation date du 10-20 de Septembre 1660 de restituer
tout ce que ses sujets ont pris ou vsurpe appartenant au Roy
d'Espagne pendant leur rebellion, il luy plaise faire restitution
de la Jamajque et de Dunquerque. A quoy nous respondons
que le Roy notre Seigneur nous a tesmoigne auoir en son
intention vn desir forme de s'aquitter religieusement de tout
a quoy U peut estre oblige enuers les Roys et Estats ses voysins
& bons amis soit par aucun Traitte ou par honneur, et en
bonne conscience, et particuherement qu'il a fort a coeur
d'entretenir vne bonne correspondence et amitie auec le Roy
d'Espagne son bon frere et aUie . Aussi ne
trouue il pas, que par le dit Traitte de 1630, ou par cet Ordre
de quoy vous faites mention qui ne regarde que la restitution
de choses prises depuis son arriuee en Angle terre, il soit obUge
de rendre ces deux places de la Jamajque et Dunquerque,
1660-1.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 303
Qui est tout ce que nous avons a dire a vostre Excellence sur
ce suiet en response de vostre escrit. [An English trans-
lation foUows.J [p. 66.]
[502.] WhitehaU, 7 December :
[A letter to the Master of the Ordnance. In accordance Jamaica,
with a report of the Jamaica Committee the following
stores are to be deUvered to Capt. Whiting of the Diamond
instead of those ordered on 24 October.]
200 Barrells of Powder 1000 suits of ffustian
500 Barrells of Muskett shott 2000 Shirts
2 Tunns of Match 1000 Paire of Shooes
1000 Pikes 1000 Paire of ffootmens Pumps
4 Hoggsheads of fflints 2000 Paire of Linnen Stockings
6 Hoggsheads of Brimstone
[A letter to the Duke of York foUows, desiring him to send
a warrant to the Victualler of the Navy to put on board the
Diamond and the Rosebush victuals sufficient to supply the
two ships now at Jamaica for their voyage home.]
- [p. 67. last 1|.]
[503.] Whitehall, 21 December :
An Act for Prohibiting the Planting, setting, or sowing Tobacco.
of Tobacco in England and Ireland [was read in Council].*
[p. 76. H 3.]
[504.] Whitehall, 13 February :
Vpon reading a Narratiue from the Officers and Commis- Act of
sioners of his Majestys Customs setting forth, That some
Merchants trading for New England, finde themselues much
greiued in respect of the strictnesse of the Act for Nauigation
. And the Commodityes of that Countrey, being
generally Cloue-Boards, Pipe-staues and other Tymber, Fish,
and such other Gruff-Comodityes do better vend in other
parts then heere in England ; and, by proceed thereof, Comodit-
* On 28 February 1661 on the petition of sundry merchants and planters
of tobacco in foreign parts, an Order was issued for the Attorney General to /
draw up a proclamation ordering this Act to be put in execution. On
20 March 1661 the draft of the proclamation was read and approved.
304 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661.
yes of greater Value from Spain and other parts haue been
vsuaUy imported into England, and his Majestie thereby
much advantaged in his Revenew ; Vpon due consideration
whereof, and at the humble suit of some Merchants, now
outward bound, vpon that Trade, the Lord high Treasurer
[is ordered to] giue power and authority to the Officers
and Commissioners of his Majestys Custom es in this
Port of London, That they take Bond of the Merchants
tradinge to those parts, onely to returne the Proceed of those
Comodityes that they shaU there lade, and not binde them
vp to returne the Comodityes in Specie ; the said Clause in
the said Act of Nauigation notwithstanding. [He is further
desired to write to the Governor of that plantation, giving
him the same liberty to take the like bond there.]
[p. 126. Tl 1.]
[C.S.P. II. 30.]
[505.] WhitehaU, 13 February :
Barbados. Vpon reading the Petition of William Maskalyn, and Edward
Cowse of London Merchants Ordered That the same bee
recommended to Mr. Secretary Nicholas to prepare Letters
from his Majestic to Sir Henry Benet Resident at Madrid to
demaund right for damage sustayned by seisinge fifty Negroes
at Teneriffe, by them brought thither, taken from them and
sould for the King of Spains vse, by the Judge of the Con-
trabando ; Vpon pretence only That the Shipp called the
Welfare of London came from the Barbadoes, which they
affirmed was in the Kinge of Spains Dominions, to 30001.
Damage; This donn about December 1660. [p. 126. H 2.]
[506.] WhitehaU, 20 February :
Barbados It is also this Day Ordered (his Majestie present in CouTicill)
l^iandT ^^ *^^t tlie Rt. honble. Wm. Earle of Kinnoule, Francis Lord
Willoughby of Parham, Mr. Thomas Kendall, Merchant (on
behalfe of Mr. Courteene And all other Persons who pretend
any Interest, Right or title in or to the Barbado's and other
the Carybee Islands in America, do forthwith deliver to bis
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 305
Majesties Attorney-Generall their severall and respective
Proprietyes, by him to be considered of ; And [attend the
Board with their counsel on 1 March, when further Order
will be given]. [p. 137. T] 2.]
[C.S.P. II. 36.]
[507.] Whitehall, 1 March :
It is this day Ordered by the Board his Majestie sitting in Caribbee
Councell That aU Persons whatsoever who pretend any Right
title or Interest in or to any of the Islands of the Caribees or
any other Island in the Atlantique Sea or to any Part thereof
by and through any Concession or Grant derived from his
late Majesties Letters Pattents to the Earle of Carhsle shall
or may attend Mr Generall to whome they are to declare
their severall Pretences to the End hee may Report his Opinion
thereof to the Board concerning his Majesties agreeing with
the said parties for their Respective Interests or for trying the
Validity of the said Letters Patents at Law. [p. 149. ^ 3.j
[508.] Whitehall, 8 March :
Upon reading the humble Petition of Charles St. Stephen, Nova Scotia.
Lord de la Tour, Barronet of Nova Scotia Thomas Temple and
William Crowne Esqrs. concerning their Right in Nova Scotia
It is . . referred to the Committee of this Board
formerly appointed to consider of some matters in Relation
to the said Island of Nova Scotia and the said Committee
are to meet on Tuesday next. [p. 164. ^ 1.]
[C.S.P. II. 44.]
[509.] WhitehaU, 28 March :
Upon reading a letter this day at the Board from ColoneU Barbados
Thomas Modiford directed to his Grace the Duke of
Albemarle and dated at the Barbado's the 25th of January
1660. Declareing his ready Complyance with his Majesties
warrant of the 23th of June last for resigneing the Govern
ment of that Island to ColoneU Walrond, appoynted by the
Lord WiUoughby of Parham President there, Since when
20
306 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661.
severall Articles of pretended high-Treason hath been exhibited
against him the said Modiford in that Island upon which two
hearings haue been had before the Councill there, but the
Articles not being fully proued, his prosecutitrs doe now
insist Cheifly On his putting in Execution a Comission sent
unto him by the said Duke, Upon Conideration thereof it
is Ordered (His Majesty sitting in Councill) That Sir WiUiam
Morris Knight his Majesties Principall Secretary of State, doe
speedily prepare a Letter for his Majesties Signature, thereby
signifying his Majesties expresse pleasure to the President
Councill and Inhabitants of the said Island, That the said
Colonell Thomas Modyford bee not disturbed, or further prose-
cuted, for any thing he hath formerly acted, but that hee
be permitted to enioy the full benefitt of his Majesties Gratious
act of ObKuion, As also declareing unto them, that the
proprietors-ship of the said Island is invested in his Majestie
And that they are to take notice thereof. [p. 184. f 3.]
[510.] Whitehall, 10 April :
Missions. [Qn consideration of the Attorney General's report on the
reference of 14 November 1660 and of his draft of a charter
for the Corporation for Propagating the Gospel in New
England] It is Ordered That the said Corporation may, by the
said Charter, haue power to purchase two thousand pounds
per annum, and may haue Liberty to transport yearlie one
thousand pounds in Bullyon, or forraine money, making
Entry from time to time of what shalbee so transported in
the Port of London in the Custome house there ; And the
Lord Viscount Valentia is to consider of, and examine the
List of Names of the Members, whereof the said Corporation
is to consist ; and to offer the same to the Board ; And,
according to this direction, Mr. Attorney is to fiU up the
Blancks, and perfect the said Draught of a Charter, And also
to add thereunto a Clause, That all Lands, tenements and
hereditaments, heretofore giuen or bought to the Vse or Vses
in this Charter mentioned, shall, from henceforth, be Vested
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 307
in the said Corporation and their Successors, with power to
sue for, and recouer the same, or any Arrears thereof due. J j
[p. 201. H 3.]
[C.S.P. II. 67.]
[511.] WhitehaU, 29 April:
[In pursuance of a report of the Committee of 15 April,] Jamaica.
It is Ordered by his Majestie, That the Two thousand pounds
designed to his Majestys Island of Jamaica, for perfecting
the Fort of Cagway, and the Platforme vpon the adjacent
Island, and now to bee sent vpon the Shipp Charity, be layed
out, as foUoweth. Vizt
In Stilles and Wormes . . . . 3001. In Bisquit, Meale and Oat-
In Carpenters, Smithes, Masons ) meale 50^."
and Planters Tooles - ■ I In Panns, graters, and Bak-
In Iron and Iron potts . . 140 ing-jrons 60
In Steele 10 In Nayles of all sorts . . 100
In Sea coale 20 In shirts, shoes, capps, and
In Oyle Oliue 80 Drawers 450
In Seines and Fishing tooles 50
In Lynnen 250
In Serges and Tryminge . . 100
And that the 90 L Ouerplus be for contingent Charges ; Of
which, if anythinge remaynes, It is to be disposed of to his
Majesties best Advantage by the Gentlemen that are imployed
to take care of the Particulers : [The goods are to be provided
with aU expedition by the Commissioners of the Navy,
this being recommended by the Duke of York as the
speediest way of dispatch : and the proceeds are to be spent
only on the forts and places aforesaid]. And Sir James Deax,
Mr. NoweU, Mr. Howe and Mr. Kendall, or any two of them
[are] to advise with [the Commissioners of the Navy], and
assist them in the Inspection of the Goodnesse and
Quahty of the Goods to be prouided, as aforesaid ; and to
take care, that his Majestys Tonnage, reserved vpon the Shipp
Charity aforesaid, bee filled up for the best advantage of
his Majestie.
[Directions foUow to] the Clerk of the Signet now attending,
[to] prepare a Bill for his Majesties Signe Manuall to passe
308 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661.
a Priuy Scale for payment of the said Two thousand pounds,
vpon Accompt, to the Treasurer of his Majesties Nauy, out
of his Majesties Treasure of his Exchequer, for the Service
aforesaid. [p. 208. last %]
J amaica.
New
England.
New
England.
[512.] Whitehall, 15 May :
[Captain Wilhara Poole of his Majesty's ship the Great
Charity bound for Jamaica is to] have free leave and licence
to authorise his assignes by the sound and beating of Drummes
within the Cityes of London and Westminster and the
Suburbs thereof pubUquely to invite any person or persons to
transport themselves in his said Shipp unto the said Island,
And for his so doeing this to be his sufficient Warrant.
[p. 215. U 2.]
[513.] Whitehall, 17 May :
It was then Ordered by his Majestie in Councell, That the
Lord Chancellor, the Lord Treasurer, the Lord Privy Scale,
the Duke of Albemarle, the Duke of Ormond, the Lora Cham-
berlaine, the Earle of Anglesey, Lora Viscount Say and Scale,
Lord HoUes, Lord Cornwalleis, Sir Edwara Nicholas and
Sir William Morice Knights Principall Secretaryes of State
should be a Committee touching the setlement of the Govern-
ment of New England, and to that end that they or any 4
or more of them should flfirst meete at Worcester-house upon
Tewesday next at 3 in the afternoone then to consider o*
drawing up and framing such Letters, Proclamations, or
Orders as they shall judge fitt to offer to his Majestie to signe
or publish m referrence to the setlement of the Government
of that Plantation ; And afterwards the said Committee to
meete at such time and place as they shall from time to time
appoint untill they have perfected that Affaire.
[pp. 216-7]
[C.S.P. II. 88.]
[514.] Ibid.
Whereas Mr. Attorney Generall had formerly directions to
prepare a Charter of Corporation for New-England and to
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 309
insert therein such names as hee should receive Order for ;
[he is ordered to prepare the said Charter and to insert
therein the following names]
To be Added
Lord Chancellor
Lord Treasurer
Lord Privy Seale
Duke of Albemarle
Lord Steward
Lord Chamberlaine
Earle of Anglesey
Lord Viscount Say and Seale
Members of the Corporation of
New-England now in being.
Alderman Francis Warner
Erasmus Smith Esqr
Henry Ashurst Treasurer
Richard Hutchinson
Josuah Woolnough
George Clarke
Thomas Speed
Thomas Bell
John Rolfe Gentleman
Robert Boyle Esqr
Sir William Thompson
Sir William Bateman
Sir Anthony Bateman
Sir Theophilus Bydolph 1
Sir Lawrence Bromfield /
Alderman Tempest Milner
Alderman William Love
Aldermian William PeaUe
Thomas Foley Esqr
Dr. Thomas Cox
Dr. John Micklethwaite
Dr. — Trench
Dr. Charles Doyly
Names of new Members.
Deputy Thomas Staynes
Deputy John Juryan
Deputy William Antrobus
~ Knights John Bathurst
I Harman Sheafe
' Thomas Gillibrand
James Hayes
John Benbow
Lawrence Brinsley
Barnabas Meares
John Acrod
John Dockett Gentleman
Edward Biscowen Merchant
Martin Noell Gentleman
[p. 217. H 2.]
[C.S.P. TI. 88.]
[515.] Whitehall, 22 May:
[Sir George Carteret, Vice-Chamberlain
Addition to
Committees.
of his Majesty's
Household, is added to the Committee for Foreign Plantations
and to the Committee for the afEairs of New England.]
[p. 222. II 2.1
[516.] Whitehall, 5 June :
[The Commissioners for Foreign Plantations are desired Jamaica,
forthwith to take into their serious consideration the affairs
of the Island of Jamaica : and to report to the Committee
of Council for Foreign Plantations, who shall draw up some
model of Instructions for the newly-appointed Governor,
310 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661.
Transporta-
tion of
Criminals.
Jamaica
Lord Windsor, who is now added to the Commission for
Foreign Plantations. Bills granting him the office and allow-
ing him a salary of 2,000Z. per annum are to be prepared for
his Majesty's signature.] [p. 235. 1| and 12.]
[517.] Whitehall, 19 June :
This day seuerall Lists of the Names of Prisoners remayning
in the Prisons of Newgate, White Lyon in South-warke, Gate
house at Westminster, New Bridewell (otherwise called the
house of Correction) at St James Clerkenwell, Bridewell in
London, House of Correction at Westminster in Tuttlefeilds,
and the Prison of the Marshalsey, being presented to this
Board, together with the humble petition of Jeremy Boimell,
Edward Bernerd and Company of London Merchants Shewing,
That whereas his Majestic hath been graciously pleased to
lauour them with his Shipp the Great Charity for the better
setling the Island of Jamaica, and to that purpose haue putt
themselues in good forwardnesse to proceed in their Voyage
for Advance of that Plantation. And hauing notice of many
convicted persons, and others of loose and idle Conversation
who remayn in the said Prisons, which being transported
thither, might do his Majestic good Service, And prayed his
Majestie to graunt Warrant to the Lord Maior of London for
dehuery of the said convicted persons into the petitioners
possession to bee transported to the Island aforesaid : [the
petition and Hsts] are Referred to the Lord Cheife Justice
of the Kings Bench and to the Recorder of the Citty of
London, to consider which and how many of the said
Prisoners are fitt to bee sent to Jamaica ; and to giue Warrant
. . for dehuery of them to the said Merchants . . in
such manner as his Lordshipp and Mr. Recorder shall conceive
best and safest for the more certain putting them on Ship
board, and acquitting this Nation from them. [p. 255. If 2.]
[518.] Ibid.
[Proposals of the Council of Trade concerning Jamaica are
referred to the Committee of Plantations for consideratioD
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 311
when the Lord Treasurer shall be present,] And Thursday
come sevenight appointed purposely. [p. 256. ^ 2.]
[519.] Whitehall, 26 June :
Vpon the Petition of Rowland SearchfeUd Merchant, this New
day read at this Board, Shewing that the Ambassador from '^^^"' '
Portugall in July 1655, contracted with Edward Winslow
for a Shipp and Goods seised by the then King of Portugall
to giue the Summe of fifive hundred twenty three pounds fine
philUngs six pence in satisfaction thereof ; and in pursuance
thereof drew a BiU of Exchange for the aforesaid value on the
cheife Treasurer of Portugall payable to the said Winslowe ;
And although many Addresses haue been made for obtayning
satisfaction, yet all haue proued ineffectuall ; That the peti-
tioner, by letters of Attorney from the Executors of the said
Edward Winslow, is fuUy impowered for Recouery of the said
money for the Use of the Proprietors resident in New England,
[On the petitioner satisfying one of the Secretaries of State
of the truth of his allegations, his case is to be recommended
to the Portuguese Ambassador]. [p. 271. ^1.]
[520.] Ibid.
A
Upon the humble petition of Morgan O Bryen and others st.
Planters and Inhabitants of the Island called St. Christofers "^ ^
in America, showing. That they were Planters in that Island
long before the Rebellion in Ireland, and were loyall Subjects
to his Majestic ; that they were dispossest of their Estates
Goods and Fortunes by Clement Everatt (the Apostate
Gouernor) who banished them to an un-in-habitable place (called
Crabs Island) being in number 104 persons ; And all (except
12) perished at Sea, or dyed so soone as they came to Land ;
150 Familyes of Planters more fledd to the French Colonyes,
where they have hved in great misery and want ; The survivors
and the widowes and Children of the deceased, pray an Order
for restitution of their Estates. It is Ordered, That the
Petition and their sad condition be recomended to the Lord
312 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661.
Willoughby of Parham to examine the truth of their allegations,
and if his Lordship bee satisfyed therein, That then hee direct
the Governour of St. Christofers to putt the Petitioners into
possession of their Goods and Estates, So farr forth as the
Act of obhuion will admitt the doing thereof. [p. 271. ^ 2.]
Quakers in
New
England.
Jamaica.
[521.] Whitehall, 28 June :
[The Council for Foreign Plantations report on] a Paper
delivered to his Majestie by sundry Persons (called Quakers)
intituled a Representation of the Sufferings of their Freiads
in New England, and their Request and desire ; [the matter
is referred to the Committee for New England for their
opinion]. [p. 281. last \]
[522.] WhitehaU, 3 July :
[Upon reading a report from the Council for Foreign
Plantations recommending] that every person who shall
haue Land allotted unto him upon Jamaica shall haue
the same by Grant from his Majestie Rent free and
without payment for the Space of seven yeares But after
the said seven yeares expired shall pay unto his Majestie
five per Cent, for all native Goods whatsoever exported and
in case any shall faile to pay the said five per cent, or Defraud
his Majestie of the same or of any part thereof That hee or
they so faihng or defrauding his Majestie shall forfeit twenty
times so much in Value of the same Commodityes as hee failed
to pay as aforesaid and this to bee expressed in every such
Grant to be paid by way of Rent such Rent and forfeitures
aforesaid to be gathered collected and Leavyed in such manner
as hereafter shalbe thought fitt and declared And . . •
that four hundred^ foot Souldiers and a hundred and
fifty Horse be kept up under command and disciphne
at halfe pay for such time as shalbe thought Necessary
for the preservation of the said Island and that two Ships
be constantly plying upon that Coast And further likewise
that the Lord Archbishop of Canterbury and the Bishop of
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 313
London be desired to chuse five able Ministers to be sent thither
and maintained by his Majestie for one yeare The allowance
for each Minister for that yeare to be an hundred Pounds
and the Governor to take Care of and settle a Competent
livelyhood for them upon the place for the time to come
Lastly that his Majestie wilbe pleased to sett forth a Procla-
mation therein declaring uponwhatTearmes and incouragements
people may plant upon the said Island and giveing Liberty
to Strangers to plant there together and mixed with his owne
people and Subjects Provided they bee Protestants and will
submitt with all due Obedience to his Majesties Government
and be ruled by the Lawes of England.
Philip Frovvde Secretary.
It is this day Ordered his Majestie sitting in Councell That
the right Honorable the Lord Chancelor of England The
Lord Treasurer Lord privy Seale Earle of Anglesey Lord
Hollis Lord Ashley Mr Secretary Nicholas Mr Secretary
Morris or any three of them be appointed a Committee to
consider of and frame a Modell for the Governement of
his Majesties Island of Jamaica and to prepare a Draught of
such Instructions as they shall conceive fitt and necessary
for the increase and preservation of his Majesties Interest
and the incouragement of his Majesties Subjects there and
thereof to make Report unto the Board. [pp. 283-284.]
[523.] Whitehall, 5 July :
[A Letter to the Lords Justices of Ireland to examine into West Indies,
the allegations of the French as to the capture of the
Golden Tree by Jacob Reynolds. The vessel was taking
out the Chevalier Hovell with the Marquis de Cugnac and
many French gentlemen in his company, to secure possession
of Guadeloupe and Mariegalante for the French King.
Reynolds, an Englishman, acting under a Portuguese com-
mission against the Dutch, decoyed HoveU on board his own
vessel off Plymouth, forced him to surrender, stripped him
and his servants and put into Kinsale, claiming the Golden
Tree as good prize.] [pp. 286-7.]
314 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661.
[On 16 August a further letter is written concerning the
goods of Sieur la Garde Belin of St. Malo, seized at the
same time.] [p. 339 ^ 1.]
[524.] Whitehall, 12 July:
Barbados. [The Council refer to the Council for Foreign Plantations
for examination and report] the humble Petition of the
Planters Marchants marriners and Traders to the Island
of Barbadoes representing the great Prejudice that hath
risen and is still continued upon the trade of the said
Island by the makeing and vending of Unmarchandable
Sugars almost to the totall losse of the Trade of the
said Island and praying that forasmuch as the Petitioners
are not able of themselves to apply such a Remedy as
wilbe suteable and sufficient to so great a Mischeife and
EviU His Majestic would be. pleased to provide that such
countenance may be given to the said Commodity as may
Answer the duty and Customes of it and that the Price of 30*.
per hundred waight by his Majesties speciall Favour layd and
Fixt upon all unpurged Sugars of the said Island none may
dare or presume to make that which is unmarchandable nor
any permitted to sell what shalbe imported under the price
Currant for ready mony upon Paine of such penaltyes as to
his Majestie shalbe thought fitt to inflict. [p. 291. last %]
[525.] WhitehaU, 19 July :
Jamaica. Upon reading the humble Petition of Jeremiah Nathaniell
Symon Donnell Edward Bernard and severall other Marchants
setting forth that [in accordance with the Order of 19 June
for the transportation of criminals to Jamaica they had
attended the Lord Chief Justice, but that] his Lordship by
reason of much Business had no time to consider of the said
matter and the said Recorder answering that the said Persons
could not be released till they sued out their Pajdons under
the great Scale of England and therefore praying amongst
other things that his Majestie would issue a Warrant for the
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 315
transporting such persons accordingly It is Ordered by his
Majestie sitting in Councell that such of the said Prisoners in
the annexed Lysts as are or shalbe certifyed by the said Lord
chief Justice or Mr. Recorder of London to be Pardoned or
such others of them for whom his Majestie hath signed
Pardons be forthwith delivered over to the petitioners or to
such person or persons as they shall give Order to receive
them in Order to their being transported to the said Island of
Jamaica hereof the Respective Goalers and Keepers of the
said severall risons are to take Notice. [p. 297.]
[526.] Whitehall, 24 July :
The humble Petition of divers poore widdowes and others Jamaica,
haveing relations in his Majesties Service in Jamaica
is referred to the right Hon. the Earle of Berkeshire
according to the Petitioners Request. [p. 301. ^ 3.]
[527.] Ibid.
[Letters to the Lord Mayor of the City of London, Jamaica,
and to the High SherifE of the County of Surrey. The
petitions and orders of 19 June and 19 July are repeated.
On July 23 at the Assizes at Kingston-on-Thames the
Recorder signified to an agent of the petitioners his opinion
that, as he could not, owing to his absence from London,
certify to each man's particular case, he] did think it
expedient. That all such persons as are now in Newgate under
Condemnation, and not for Murder, should be Transported,
the Merchants undertakeing to keepe them from returning by
the space of term yeares at the least.
[The respective Gaolers are ordered, on the warrant of
the Mayor and -Sheriffs, to deliver to the petitioners for
transportation to Jamaica] all such Prisoners in the said
severall and respective Gaoles as are now under Condem-
nation (not being for Murder and Burglary) as also such . .
as after Conviction of being incorrigble Roques or Vaga-
bonds are condemned to death. [pp. 319-20.]
316 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661.
[528.] Whitehall, 24 July :
New [Letters patent to be prepared constituting Robert Boyle,
"^ ^^ ' Esqr. , Governor of the Corporation for Propagating the Gospel
in New England.] [p. 321. ^ 4.]
[C.S.P. II. 152.]
[529.] Whitehall, 16 August :
Acadia. It was Ordered by his Majestie in Councell, that the Right
Honourable the Lord Privy Seale, the Lord Chamberlaine of
his Majesties Household, the Earle of Anglesey, the Lord
HoUes, Mr. Vice-Chamberlaine, Mr. Secretary Nicholas, and
Mr. Secretary Morice, or any three, or more of them bee (and
accordingly they are hereby appointed) a Committee to con-
sider of a Memoriall presented by the ffrench Ambassador
to this Board concerning the Restitution of Acadia, and to
report their Opinion unto this Board. [p. 338. ]f 1.]
[530.] Whitehall, 26 August :
Nova Scotia. It was Ordered by his Majestie sitting in Councell, that
Dr. Mason, Dr. Wiseman, and Dr. Walker, or any one or
more of them doe attend the Committee of his Majesties
most Honourable privy Councell for fEorreigne Plantations, at
the Councell Chamber, to morrow (the 27th of August) at 3
of the Clock in the afternoone, and that Sir Lewis Kirke,
Knt. Thomas Elliott Esqr. and Robert Nelson Esqr. doe then
and there attend accordingly about the busines of Nova
Scotia. [p. 350. ^ 2.]
[C.S.P. II. 163.]
[531.] Whitehall, 28 August :
Virginia. Upon reading the petition of Sir William Berkeley Knt.
Governor of Virginia, [he is ordered to attend the Board on
Priday morning, the 30th inst] together with such principal,
planters of Virginia as are at present in this Towne, and
some of the Cheife Masters of Shipps, and others who trade
thither. [p. 357. ^ 1.]
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL) 317
[532.] Whitehall, 6 September :
Whereas the 31st of August past upon the humble Repre- Virginia and
sentation of Sir WilHam Berkeley Knt. Governor of Virginia,
and severall Merchants Tradeing thither, and unto Mary-Land,
that it was for the benefitt and advantage of the said Plan-
tations, that no Shipps should come from thence with any '
Merchandise before the fiirst of May next, which was accord-
ingly Ordered, and Letters directed to the said Sir William
Berkeley Governor of Virginia, and to the Lord Baltimore,
Lord and Proprietor of Mary-Land. And whereas severall
other Merchants Tradeing unto the said Plantations did this
day humbly present a Petition unto the Board with their
reasons against the said Prohibition [both parties are ap-
pointed to attend the Board on 27 September and produce
their reasons for or against the prohibition]. [p. 370. Tj 2.]
[533.] 18 September :
Upon the petition of John Smith and Wilham Chamberlaine Barbados.
Merchants on the of themselves and divers other
Merchants and Inhabitants of the Island of Barbadoes showing
the great Want of Horses for the carying on of the Sugar Workes
in the said Island [permission is given them to export fifty
horses, not to exceed 101. each in value, the usual dues on
the export of horses to the plantations being paid, and
security given to transport them only to Barbados.]
[p. 377. H 1.]
[534.] Whitehall, 27 September :
[As ordered on 6 September, both parties appear and are heard Virginia,
regarding the order in restraint of trade with Virginia, and]
The Right Honourable the Lord High Chancellor of England
had Order from his "Majestiejboth partyes being called in) to
lett Sir William Berkeley and all the Merchants know, that
if hereafter they should make any Proposall unto his Majestie
that should tend to the future good and advantage of those
Plantations his Majestie would readily receive and authorise
the same ; But as for this particular restraint seeing many
318 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1661
Shipps were gonne before it was proposed, and that if it should
be executed it would tend to the great prejudice of many of
his loveing Subjects trading to those Plantations, His Majestic
did at this time absolutely revoke his said former Order, per-
mitting all his Subjects freely to Trade and returne to the said
Plantations as formerly they have donne. [pp. 384-5.]
[535.] Whitehall, 4 October :
gt [The petition of Jonathan Pelham, merchant of London,
christophei-. ^^^ -j^y^j.^ j^-g ^jfg^ j.gi-(,^ Qf James Barrey of St. Christopher,
for restitution of the estate of James Barrey in the parish of
Palmeto point, sequestered by Clement Everard then
Governor for his loyalty to the King and since illegally
detained, is ordered to be examined by the Governor and
Council of St. Christopher, and if its allegations are found
to be true, the estate is to be restored according to equity
and justice.] [p. 391. If 1.]
[536.] Whitehall, 6 November :
Plantation [On a petition by the Scots on the 30th of August,] it was
Trade
ordered that the Execution of that Act prohibitinge his
Majestie's subjects, of the Scottish nation to Trade in manner
and forme as in the said Act is expressed be suspended and
taken of untiU further Order. [The officers of the Customs
now present a report and it is ordered that the Lord Treasurer,
the Earl of Anglesey, the Earl of Lauderdale, the Chancellor
of the Exchequer, Mr. Vice-Chamberlain, Mr. Secy. Nicholas,
and Mr. Secy. Morice or any four of them be a Committee
to consider the order of 30 Aug. and the report of the Customs
officers : who, with the Lord Treasurer and Lord Clerk-Register
of Scotland, are desired to attend this Committee on Saturday
next at the Lord Treasurer's house.] [pp. 427-8.]
[537.] WhitehaU, 22 November :
Navigation [The Committee to consider Scotland's position under the
Navigation Act receive an unfavourable report from the
1661.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 319
Commissioners of the Customs under four heads. No. 2
concerns the Plantation trade : — ]
(21y) They by this Liberty may trade to the Plantations
which are absolutely English which will bring infinite losse
to his Majestic and as much prejudice to the English Subject.
1st. They may carry, by this Admittance, all the
Growth of these Plantations into fEorraine parts,
which must lessen his Majestys duties and by this
they may carry away the English mens Estates,
who haue propriety both in goods and Lands, by
whose Cost and Industiy they haue beene Planted,
and who euery yeare looke for the returnes as well
to Improue their Estates as pay their Debts,
(2ly) They may serue all forraine Parts (as Germany,
Holland &c:) with the fruits of the English Labours
and make Scotland the Magazine, and leaue this
Nation to its home Consumption, and the King in
his Duty, and the Merchant in his returnes fall
short in their exspectation, and perhaps the Pro-
prietor forct to goe into Scotland to looke his
Estate.
(Sly) If they should say that they would come for
England, Ireland, or Wales &c: They can giue no
security either to the Gouernor there, or the Officers
of the Customes here, Where they haue no Interest,
they cannot be responsible, and their Bonds are
worth little, if once gonn, and the forfeiture is
little worth to his Majestic they being as forregners
to this Nation, being not vnder our lawes and
Gouernment In fine the Plantations are his Majestys
Indies without Charge to him raysed and sup-
ported by the English Subjects, who Imploy aboue
200 Sayle of Good Shipps euery yeare, breed abun-
dance of MarjTiers, and begin to growe into
Comodities of great value and Esteeme, and
though some of them continue in Tobacco, Yett
Jamaica.
Jamaica.
Barbados.
Barbados.
320 ACTS OF THE PRIVY COUNCIL (COLONIAL) [1661.
vpon the Returne hither it smeUs well and payes
more Custome to his Majestie then the East Indies
foure times ouer.
[And as it appears that an Act of Parliament would be
necessary for granting such liberty to the Scots, the order of
30 August in their favour is accordingly revoked, and they
are referred to Parliament for redress.] [pp. 453-455.]
[538 ] Whitehall, 25 November :
[The Committee for Jamaica is ordered to meet] on Thursday
next at two in the afternoone. [p. 457.]
[539.] Whitehall, 4 December :
[The Earl of Northumberland is added to the Committee
for Jamaica and they are ordered to meet] on ffryday next
before the sitting of the Councell to consider of the proposalls
of the Lord Windsor ; as also of the paper exhibited this
day from the Councell of fforraigne plantations.
[p. 469. Tf 5.]
[540.] Whitehall, 11 December:
[On the petition of Mary Clarke, an orphan, for her portion
of the estate of her father, who died in Barbados, leaving the
estate in the hands of her uncle, Peter Cole, now under
restraint in the hands of one of the messengers of his
Majesty's Chamber, order is made that she and her counsel
have free access to Cole to advise with him about such affairs
as concern the petitioner's and other orphans' estates in his
hands and trust. [pp, 479-80.]
[541.] Whitehall, 13 December :
[A letter to Lord Willoughby of Parham, Governor of
Barbados, concerning the suit of Elianor and Robert
Langdon for the estate of John Langdon, husband of Elianor
and brother of Robert. Seven years after commencing their
suit and a year after verdict given in their favour by the
Court of Barbados, the estate (of 300?.) is still illegally
1661-2.] ACTS OF THE PRIVY COXJNCIL (COLONIAL). 321
detained by one Thrale or his assignes with 3,000Z. arrears
of rent, while the petitioners are unable to go over them-
selves to prosecute the right. Directions are to be given that
justice be dispensed effectually and speedily to the peti-
tioners according to the merit of their cause.] [p. 500.]
[542.] Whitehall, 13 December :
[A petition of merchants and others trading to Virginia Virginia and
and Maryland having been read, his Majesty] intending the ^^''^^*°''"
advancement of his Plantations, and the generall good and
encouragement of Adventurers therein, and not willing to
Conclude any Interesses, but ffirst to be heard [commands
the governors of these plantations and aU others concerned
to view the petition and to attend the Board on 29 January
at 3 in the afternoon, when further order will be given.]
[p. 521. TI 2.]
[543.] Whitehall, 24 January :
The businesse concerning the Barbado's [is to be considered Barbados.
on Jan. 29 : Lord WiUoughby of Parham and Lord Kinnoull
to attend]. [p. 524. ^ 2.]
[544.] Whitehall, 29 January :
[Lord Hatton, Mr. Treasurer, and Mr. Comptroller are Virginia and
added to the Committee for Foreign Plantations, who are ^^
to meet on Monday next to consider the petition of Sir
Wm. Berkeley and the interests of the merchants and others
trading to Virginia and Maryland.] [p. 528. f[ 1.]
[545.] Whitehall, 7 Febniary :
The interests of the severaU pretenders to Nova Scotia Nova Scotia.
[are to be considered by the Committee for Foreign Planta-
tions on the 10th instant, when aU concerned are to attend.
Report to be made to the Council on the 14th].[^[p. 540. ]f 4.]
[C.S.P. n. 224.]
21
322 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662.
[546.] Whitehall, 7 Pebraary :
West Indies. [Owen Martin Esqr and Humphrey Seaward, merchant,
pray confirmation of his Majesty's grant to them of certain
concealed goods in the West Indies by them discovered, and
detained from them by the deputy and Lord WiUoughby of
Parham : They are ordered to bring evidence and documents
to prove their title to the goods.] [p. 541. ^ 1.]
[C.S.P. II. 213.]
[547.] Ibid.
Jamaica. Upon reading the petition of the Officers and Souldiers
returned from the service of Jamaica It was Ordered (his
Majestie present in CounceU) That if the petitioners who
returned from Jamaica desire to retume thither againe, they
shaU be recommended to the Lord Windsor to be well treated
by him. [p. 541. f 2.]
[548.] Whitehall, 19 February :
Nova Scotia. [Lord Willoughby of Parham and aU others concerned in
the business of Nova Scotia are to attend the Board on
Friday, and the treaty between England and France is to
* The page be then brought before the Board.]* [p. 549. ^ 5.]
is disfigured
here.
[549.] Ibid.
West Indies. [Martin and Seaward produce his Majesty's grant to them
and pray for an early hearing of Lord WiUoughby's claim-
whereupon the 26th Sept. is fixed for hearing aU parties.]
[p. 550. If 2.]
[550.] WhitehaU, 26 February :
Nova Scotia. [The petitions of Sir Lewis Kirke, John Kirke Esqr. and
others on one part, and of Colonel Thomas Temple, m his
own behalf, having been read, all interested in the claims
to Nova Scotia are ordered to attend for a final hearing on
Friday, 7th March, notice being given also to the French
Ambassador.] [pp. 557-8.]
1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 323
[551.] Whitehall, 26 February r
It was Ordered, That all persons that have any Commis- New
^ England.
sions from those in New England interessed in the anayres
of that Plantation, and all others who can give any Accompt
in Reference to his Majesties service, and the good and beneiitt
of those parts doe attend the Board on Thursday next the
6t of March ensueing at 3 in the afternoone, And particularly,
That Colonell Thomas Temple, and Mr. Wentrop, and such
as they shall advise and think fitt be summoned and required
then and there at the tyme aforesaid to give their attendance
also. [p. 558. Tf 1.]
[C.S.P. II. 244.]
[552.] Whitehall, 28 February :
[The Committee for the Affairs of Jamaica are to consider Jamaica,
and report on three papers exhibited at the Board by Lord
Windsor, entitled — Instructions given to Major Thomas
Fairfax, Reasons for buUding Shallops &c in England, and
Dimensions of these Shallops.] [p. 560. ^ 1.]
[553.] Whitehall, 6 March :
Ordered that all addresses and other papers concerning New
. , England.
New England be looked out agamst to-morrow to be pre-
sented to the CounceU. [p. 566. ^ 1.]
[554.J Whitehall, 7 March.
This daie Dr. Walker and Dr. Turner attendinge the Nova Scotia.
Board as Counsell for severall persons claimeinge interests
in Nova Scotia, and beinge called in and heard at the Board,
It was ordered by his majestie in CounseU that the said
Doctor Walker and Doctor Tm-ner doe drawe up a state of
the case, concerninge Nova Scotia, both in reference to the
Croune and to the titles of their Clients, And that they doe
present the same to this Board drawne up in Latine to the
end such further use may bee made of them as shall bee
thought fitt. [p. 568. If 1.]
324 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662.
[555.] Whitehall, 7 March :
Nova Scotia, [^jj parties having claims in Nova Scotia having been
heard, the Earl of Lauderdale is] desired to write into
Scotland to have all the letters Patents, Concessions, Trans-
actions, and writeings, whatsoever, that conceme Nova Scotia
or any part thereof sent unto him, to the end that they may
bee presented to the Board, [P- 568. If 2.]
[556.] Whitehall, 12 March :
Jamaica. [A report of the Earl of Anglesey from the Committee for
Jamaica giviag the following list of stores desired by Lord
Windsor for Jamaica is referred to the Ordnance for an
estimate of the cost.]
Two whole Cannon of Brasse
Two demy cannon of Brasse
^0 Culveren of Iron
20 demy Culveren of Iron
ten Sakers
six Minions also
12000 Foot of Deale Boards
18000 Spikes of five Inches long
400 Shovells
200 Baskets
80 Handbarrowes to carry Stones
30 Close barrowes for Morter
Flatt and square Barrs of Iron six Tunn
That Lead to make a Cisterne of 30 Foot long 20 Foot
broad and six Foot deepe be likewise sent.
[On a similar report from the Committee for Jamaica the
Commissioners for the Navy were ordered to return an
estimate of the cost of the following particulars : — ]
Two double Shallops with SaUes Oares and other neces-
saries belonging to them to be prepared and made
ready here
Fower YaUs likewise to be carryed from hence
1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 325
A sufficient Number of Planks of two Inches and an
Inch and a haKe for the Building of three Boates of
about six Tunn.
Pitch Tarr Oakeham and Nayles proportionable for the
building the said Boates to be provided and sent over
More of Tarr twelve Barrells and fower BarreUs of Pitch
Five hundred weight of TaUow
Term Tunn of Hoggsheds and Punchons hooped with
Iron
Also that a fitt number of Ship Carpenters be sent for
the Building of the said Boates. [p. 572. last 1|.]
[557.] WhitehaU, 21 March:
The Petition of Thomas EUiott Sir John CoUiton and Francis Barbados.
Cradocke being this day read at the Board his Majestie present
in Councili Setting forth that after severaU References made
by his Majestie to the right Honorable the Lord Berkely Lord
Ashley and others his Majestie granted a Warrant directed to
his Majesties Solicitor generall for the Erecting a Bank upon
the Secmrity of Lands &c. in the Barbadoes and therein did
appoint the Petitioners and a fowerth Person to be chosen
by the Governor Council! and assembly of that Island to
erect and Governe the same which grant comeing in usuaU
Forme to the right Honorable the Lord Chancelor his Lordship
was pleased to suspend the passing thereof untO hee had
advised with his Majestie and Councell thereupon And praying
his Majesties Pleasure therein in regard there is nothing in
the said Grant but what is Profitable for the Country It was
thereupon Ordered that the said Sir John CoUiton the Lord
WiUoughby and such of the Planters in the Barbadoes as
are now in Towne and some of the Councell of Trade do attend
the board on Wednesday the 26 of this instant March at
3 of the clock in the afternoone [when further notice will be
given]. [p. 579. Tj 1.]
[558.] Ibid.
A Relation of what passed at the Barbadoes concerning Barbados
the Captain of his Majesties Ship the Diamond being this
326 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662.
day read at the Board that the said Ship the Diamond and the
Rosebush touching at Barbadoes on their way to Jamaica
found many Obstructions by diverse persons and more especially
by Col. Wahond and his soim Capt. George Walrond who
because they could not find a Submission to their Humors
concerning two vessells they had then in Question of being
lawf uU prize granted a Warrant of Arrest against the Captains
of the said Ships with many Threatnings which they being
advertised of gott aboard and sett Saile The Captaine of the
Diamond being agauie returned to the Barbadoes found
great Opposition in the procuring Planters and severall of
his Seamen were committed to Prison and the Captaine
writeing but a Letter for their Release the Gouernor caused
him to be apprehended upon pretence that hee was like to
breake the Kings Peace and the same Evening his Purser
and Chaplain lyiag on Shore, the dores where they lay beiag
broken open they were seized and clapt in the Common Goalo
where they lay for 24 houres without any Mittimus or Cause
showne In the morning the Captain being denyed a Coppy of
the Mittimus he wrote to the President and was sent for by
a Guard before him and two of his Councell where the said
Captain was vpbraided with strange Language That the
President caused Mr. Jennins one of the Justices to write
downe three Articles for Capt. Whiteing to signe which if
he refused he declared that it was Ordered by him and his
CounceU that hee should Remaine a Prisoner till hee did and
that hee could send him for England and the Ship to
Jamaica and on the 25 of November the Captain was carryed
to the Presidents house where after many Threats hee ordered
him and his Chaplaine also a Prisoner to repaire on Board but
that a Band of men should continue in Armes untill they were
under Saile It was thereupon Ordered by his Majestie in
Councell that* [p 532. ^ 1.]
* A blank apace of about four Unes follows, but on II and 13 AprU, it is
ordered that Lord Windsor examine the case at Barbados on his way to
Jamaica, without any reflection on the Governor of Barbados, and report to
the Duke of York. The order of the Uth is misplaced and correctly dated
m a, marginal note. [ 602, H 4, and 609, f 2.]
1662.] ACTS OF THE PRIVY COUNCIL (C0L0NL4L). 327
[559.1 WMtehaU, 4 AprU :
[The Council approve the estimates returned by the Jamaica.
Ordnance and Navy Boards according to the Order of
12 March, and order the stores to be provided and pay-
ment to be made accordingly : —
The Officers of the Ordnance are] also to provide and send
six able and skilfuU workemen, for the makeing of Brick and
Tyle for the buUdirig his Majesties forts at Jamaica.
[p. f
[Ordnance Estimate] : —
Cannon 2 at vjl. a peece
Demy Cannon 2 at vL a peece
Culvering 20 at iiij Z. a peece . .
Demy Culvering 20 at iijZ. x»\ a peece
Saker 10 at Ivs. a peece . .
Mynion 6 at xlvs. a peece . .
Deale Boards for Plattformes .. .. 12000footeat 8 ffoote perj
Deale amounts to 1500 1 087 10 0
Deales at xiiijd. each]
92, p
59*.]
I.
o.
d.
.. 012
00
0
. . 010
00
0
. . 080
00
0
. . 070
00
0
.. 027
10
0
. . 013
10
0
12000 fioote at vi3. perl
ffoote [300 00 0
040
00
0
006
13
4
014
00
0
013
10
0
132
00
0
Which said Deales being conceived
to be vnservicable for Plattformes
it is humbly proposed that the
like Quantity of Oaken Plancke
of 2 inch may be provided instead
thereof vizt
( 18000 poizperest. 5ts. atl
Spikes of Iron of 5 Inches longe j ^j^ _gj. to^n [ 210 00 0
ShoveUs 400 at ijs. a. peece . .
Basketts 200 at viijd. a peece
Handbarrowes to carry Stones . . 080 at iijs. vj a peece . .
Close wheele barrowes to carry Morter 030 at ix«. a peece. . .. '
fflatt and Square Barrs of Iron . . 006 tonn at xxiji. per ts.
Lead to make a Cisteme of 30 ffootel poiz per est 7te. together 1
long 20 ffoote broad and 6 Hoote I with Sodder at 201. [ 210 00
deepe j per *« j
ffor the Charge of Transportation of the said provisions on
board such Shipp as shalbe appointed to carry them to
Jamaica together with primeing and laying in oyle cuUour
the Carriages aforesaid and other incident charges wiU
amount to per est
TotaU of the said provisions if the Platformes 1 .^g .o a
be of Deale boards J
TotaU if the samebe of Planke as is humbly) ^^39 93 4
proposed wilbee* I
Signed ffra: Nicholls. Edw: Sherburne
* In a letter to the Ordnance of 16 April it is ordered that the platform be
of two inch planks. b- *'03, H 2.]
100 00 0
328 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662.
[Navy Estimate] : —
I. «. d.
Two Shallops to be in length 40 fEoote at 601. each Shallop . . 120 00 0
ffotir yaules to be in length 20 fioote each at 121. a yaule . . 048 00 0
Two Inch and inch and i planke 12 Loades at 41. per Load for 1 „ .„ „^
the building of 3 Boates to carry Six Tonnes each Boate J
Pitch Tarre Okeham, nayles and other necessaries for the finishing 1 ai k nn n
of 3 Boates . . . . J
Sixteene Barrells of pitch and Tarr for Stores and other vses 1 ._. „
at 20s. each J
Tallow for Stores ffive Hundred weight at ii]7. per Hundred . . 015 00 0
Six Shipwrights for the building and finishing of the Boates at 1 ^„„ „„ „
40«. per man per mensem Hor 3 Moneths J
Iron bound caske 10 Tonns at 44s. per Tonn 022 00 0
Toto 320 00 0
Signed Will Batten, Samuell Pepys.
Whereas the Lord Windsor presented this day a memoriall
to the Boord conteyiung the yearely charge of standing pay
of 150 Horse and 400 ffoote for his Majestys service in the
Island of Jamaica at a ffonrth part pay vizt
I, 0. d, I. tf. d.
150 Horse at Td. ob each per diem .. .. 1710 18 9 1
400 ffoote at Id. each per diem 1216 13 4 [
Captaine of Horse One per annvmi 0061 16 6 )
Lievtenant of Horse One per annum . . . . 0041 00 0
Comet of Horse One per annum 0039 00 0 f ^^^"^
Quarter master One per annum 0026 00 0
Captaines of ffoote ffour at 601. each . . . . 0200 00 0 '
Lievtenants of ffoote ffour at ZOl. each . . 0120 00 0
Ensignes ffower at 251. each 0100 00 0
Serjeants ffour at 6/. each 0024 00 0 )
In all Horse and ffoote Officers and Soldiers . . 3539 08 7
Which together with the Governors yearely Sal- 1
lery of 2000?. is / ^^^^ "^ ^
The Lord High Treasm'er of England is hereby prayed, for
the constant certeyne payment thereof, to place the charge
aforesaid, vpon the Office of the Excise.
[560.] WhitehaU, 11 AprU :
Plantation The humble petition of John Knights, Thomas Knights,
and Company late Owners of the ship called the Daniell
0444 00 0
1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 329
whereof Henry Oakes was Master was this day read at the
Boord, wherein they sett forth, that being the true and lawful!
Owners of the Ship, about May last 1661 sett forth the same
from the Port of London with severall Goods and Merchandizes
for their owne Accompt, and did give Order to the said Henry
Oake the Master to sayle to, or neere the Gold Coast at Guimiy,
and there he safely arrived, and did barter away part of his
Ladeing for 82 Negroes, a parcell of Elephants Teeth, and
some Gold, and had as much Goods left, as would have pro-
duced 100 Negroes more, and Provisions for them, and the
3aid Oakes was to have sayled with the same from Guimiy, to
the Barbadoes there to have refreshed his Negroes and soe
to have gon to Cadiz in Spaine, there to have sould them, but
as he was in his lawfull Employment, one Jasper Vanhuison
Generall for the Dutch West India Company resideing at
Guinny first seized his Boate and ffive of his men, goeing towards
Cormantine and carryed them away Prisoners, and some
few dales after, a ship of Amsterdam, of which one Aron
Couzens was Commander belonging to the Dutch, being
mounted with 30 Gims, and the ship DanieU haveing but ffour,
the said shipp of Amsterdam .... tooke her and
all the Goods and Negroes, stripping and piundring the Com-
pany, and carried the said shipp and Goods to the said Jasper
Vanhuisen at Castle de Maine, And had
not the said Dutch soe interrupted the Petitioners Trade the said
Negroes would have yeilded 7000?. sterling The shipp cost
800?., and the Gold Elephants Teeth, and other Goods were
worth neere 1000?. The petitioners have caused their proofes
to be made in the High Court of Admiraltie and have sum-
moned the Dutch by a puhque Edict, vpon the Exchange,
and procured legaU notice by Letters to be given to their
Ambassador and have done aU that the Law requireth on their
part. The Boord haveing taken the perticulers into con-
sideration It was this day ordered his Majestie present in
CounceU that Mr. Secretary Nicholas and Mr. Secretary
Morice, or one of them, should make the Case of the Petitioners
Tobacco.
330 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662.
to be one of those they putt vpon the English demands, and
also that bhe Petition be sent over recomended to Sir George
Downing his Majestys Resident at the Hague, to represent
the same effectually to the states Generall there. [p. 601.]
[561. Whitehall, 23 April :
Upon information given to this Boord by the Commis-
sioners of his Majesties Customes, that there are lately Eight
Ships arrived in the Port of Bristol! laden with Tobacco and
six more there expected the Custome whereof will amount (as
they conceive to about 12000?., but that there is not at
present, readie money enough ia the Cittie to discharge the
said Customes, His Majestic taking the same into his princely
Consideration together with the present scarcety of money
and deadnes of Trade did Order that [on security being
given, payment may be delayed on this and any similar
occasion]. [p. 613. ^ 1.]
[562.] Ibid.
Nova Scotia. Upon a motion made this day at the Boord his Majestic
present in Councell concerning the Government of his Majesties
Plantation of Nova Scotia It was ordered that a Graunt of
the Government of Nova Scotia with the fEorts and Trade
thereunto belonging be made to Collonell Thomas Temple
during Life and that 4000 acres of the Soyle of the said
Plantation in Nova Scotia be setled on the said CoUoneU
Temple his heires and assignes. And Mr. Attorney Generall
is to proceed in preparing a Graunt or Graunts of these
perticulars accordingly. [p. 615. Tj 1.]
[563.] Whitehall, 30 April :
Tobacco. [Order to the High Sheriff of Gloucestershire to burn
Enghsh tobacco in accordance with the Act of 12 Ch. II.
(Cap. xxxiv.)* [p. 622. ]f 1.]
* Hampton Couvt. 13 July 1662 : A letter to the High Sheriff of Gloucester
acc'.i^ing him of great neglect " that there is yet very much Tobacco growing
in that County that remaines undestroyed." On the same date letters similar
to that of 30 April are sent to the High Sheriffs and Justices of the Peace of
Worcester and Hereford. [IH. pp. 62-3. J
1662] ACTS OF THE PRIVY COUNCIL (COLONIAL). 331
[564.] WhitehaU, 26 May :
Upon reading the Petition of the Planters and Traders to Virginia.
Virginia, declaring that by reason of vast quantityes of
Tobacco planted in England, and other places, as well as
Virginia, that Commodity is brought to so low a price, that
it hardly payes the datyes to his Majestie And praying
his Majestie to inhibite the Planting thereof withm the
Capes of Virginia after the 10th of June 1663, and so yearely
till the pretended grievance be remedyed, by Planting more
Staple Commodities of Hemp, fflax, Pitch, Tarr, Pott-Ashes
&c. And that no Ship carr3ring any Tobacco shall come
forth of the Capes of Virginia before the fiSrst day of May
next ensueing : Consideration thereof being had by the
Board, It was Ordered that the said Petition should be rejected,
and their Lordshipps did declare that they henceforth would
not receive any Petition of that nature. [p. 641.]
CHARLES II. VOLUME III. (4 June 1662-29 Jan. 1664.)
[565.] WhitehaU, 13 June :
[On revision of the order of 26 May at the instance of some Virginia
of the petitioners,] Their Lordshipps were pleased"to declare,
That it was not their Intention to forbid or discourage the
Merchants and Planters ""of Virginia from making their
Addresses to them ; And Ordered, That the consideration of
the whole matter should be resumed on Friday the 20th of
June instant at 3 in the aftemoone ; At which time, as well
the said Planters, Merchants and Traders for Virginia, and
all persons therein concerned ; as also the Lord Baltemore,
are required to give their attendance, when such direction
shall be given as shalbe though fitt. [?). 10. ^ 1.]
[C.S.P. II. 308 and 312.]
[566.] Hampton Court, 29 June :
His Majestie, with the Aduice of this Virginia and
Board, taking into serious consideration the meanes of ^^^
332 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662.
Improuement both of the pubUque and particuler Benefits
and Aduantages which may accrew, from those Plantations,
to this Kingdom, and for the more speedy and efEectuall
Aduance thereof, hath thought fitt. And accordingly It is
hereby Ordered, That Sir WiUiam Berkeley Knight, his
Majesties Gouernour of Virginia, do forthwith repayre to his
Gouernment there. And that then a Letter be written to him
from his Majestie, signifying his RoyaU Pleasure, That the
said Gouernour endeauour, by consulting with the Planters
in Virginia, and with the Lord Baltemores Leiutenant in
Maryland, or Commissioners appointed by his Lordshipp, to
agree upon the promoting of the Planting of Hemp, Flax, and
other like considerable Comodityes in those Plantations, and
the Lessening of Planting Tobacco there ; And that the
restraint for planting Tobacco, may be alike in both Places ;
And It is also Ordered, That another Letter, at the same
time, be written from his Majestie to the said Lord Baltemore
(Lord and Proprietary of Mary-land) recommending the
like unto him ; And that his Lordshipp do giue directions
to his Lieutenant in Mary-land, to consult with the Planters
there, and to appoint Comissioners to aduise with his
Majesties Gouernour of Virginia, or such as he shall appoint
for the same purpose ; And as concerning that part of the
petition. That no Shipp or Uessell, carrying any Tobacco,
shall come forth of the Capes of Virginia before the first day
of May next ; It is Ordered That there shaU be no restraint
of returne of Shipping from the seuerall Plantations of Vir-
ginia and Mary-land, unlesse it be thought fitt by the
respectiue Gouernours, Councells and Assemblyes of the said
Plantations. [p. 33.]
[567.] WhitehaU, 2 July :
En'^iand '^^^ Petition of the Company for propagation of the Gospell
in New England and Parts adjacent of America was this day
read at the Boord, shewing that heretofore by the blessing
of God on the Endeavours of some of the EngUsh nation
many of the Heathen Natives of New England were con-
1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 333
verted to the ffaith of Christ, which being knowne in
England, it invited the Pretended Powers that then were to
constitute a Corporation for the carrying on of that Worke
And to graunt Liberty for a generaU Collection to be made
throughout England and Wales whereby divers Summes of
money were raysed, and Land purchased for the setling an
yearely Revenue for that end, wherein such a Considerable
Progresse hath been made, that very many of the Indians
haue been civilized and brought to hke the English Manners
and Government and many haue been brought to the Pro-
fession of the GospeU, And the whole new Testament, ana
a good part of the old (whereof the rest is makeing ready for
the Presse) hath been there printed in the Indian Language,
That his Maiestie graciously considering the Consequences
of so glorious a Worke, hath lately erected a Corporation to
carry on and perfect the same, who at their first Entrance
do find that the space of Two yeares last past the Charges
haue much exceeded the Incomes appropriated to that Worke,
and that their Revenue is much too small at present to carry
on the same according to his Majestys pious intentions,
especially in regard of the Greate Charge that wUbe requisite,
partly for recovering the greatest part of their Revenue
injuriously deteyned from them, and partly for the perfecting
so costly and yet necessary a Worke as the perfecting the
translation and printing of the Bible, and partly for the
maintenance of Schooles for the breeding vp of the Indian
Children, not only in the Principles of Christianity, But to
the knowledge of good Literature, and Trades, whereby they
be not only taught the true Religion, but civUized also and
brought to submJtt to his Majestys gracious Government
And therefore most humbly prayed that his Majestic would
be pleased to graunt a Breife for a GeneraU Collection to be
made throughout England and Wales for the Purpose afore-
said. Which their Lordships takeing into their serious Con-
sideration and being desirous to giue aU encouragment possible
to the said Corporation for the carrying on of the said Worke
334 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662.
so well begun, did think fitt to recommend it to the right
honorable the Lord Chancellor, who is prayed to take the
same into his particular Care and giue order for a Breife
accordingly. [p. 38. hst %]
rCS.P. II. 319.]
[568.] Whitehall, 8 August :
Barbados. The Petition of fErancis Cradock Esqr being this day read
at the Board, Shewing, That in August 1660 his Majestic
was gratiously pleased by his Letters Patents vnder the
Great Scale of England, to grant vnto the Petitioner, for
terme of his life, the place of Provost Marshall GeneraU in the
Island of Barbadoes, with power to substitute deputyes, and
with such fEees, profitts, Priviledges &c as any others here-
tofore have, or ought to have, hold or enjoy. That Colonell
Humphry Waldram, President of the said Island, hath dis-
posed this his Majesties favour to the Petitioner, to freinds of
his owne, by Creating them Titles of Serjeants at Armes &c,
and causing such Precepts and Warrants to be directed to
them, as belong to, and were ever heretofore executed by the
Provost Marshall. And Praying this businesse may be heard
before his Ma]estie And that the Lord Willoughby be desired
to attend the same &o. [The petition was ordered to be
heard on Friday, 22 August, and Lord Willoughby is to have
timely notice in order that he may then offer any objections
he may have.] [p. 96. 1[ 2.]
[C.S.P. II. 344.]
[569.] Whitehall, 15 August :
It was this day Ordered, That the Lord High Treasurer
of England, and the Principall Oflficers and Commissioners of
his Majesties Customes doe take especiall care to see that
part of the Act for Navigation, which provides that no Shipp
I that loades in any of the Plantations belonging to this
Kingdome, doe goe into any fEorraigne part without touch-
ing ffirst in England. This being grounded vpon an Advice
given by Sir George Downing that divers English Shipps
laden in Barbadoes are lately arrivea in HoUand without
Barbados.
1662.] ACTS OP THE PEIVY COUNCIL (COLONIAL). 335
touching in England ; And likewise that Holland Shipps doe
bring into London and other Ports Goods prohibited by the
Act in Holland Vessells. And it is further Ordered that the
Principall Of3&cers and Commissioners of his Majesties Customes
doe give Order to all other Officers thereof to see the same
put in due execution. [p. 101. ^ 2.]
[570.] Hampton Court, 17 August :
Whereas by the humble Petition of Henry Adys Citizen Surinam.
and Vphoulster of London (on behaKe of himselfe and six
ffamilyes more) who vpon pretence of tendernesse of Con-
science desire to transport themselves into the West Indies,
vnder the Government of the Lord WUloughby of Parham,
Governour of his Majesties Plantation in Suranam : It was
Ordered, That the Masters of the said severall ffamilyes sub-
scribing their said Petition should have Passe-Ports, or
Licences as they desired ; Which being donne and performed
by the said Henry Adys, and hee haveing given in the names
of such whom hee desires to transport with him. These are
to will and require you and every of you whom it may con-
cerne, to permitt and suffer the said Henry Adys with Mary
his Wife, Timothy Adys his Sonne. Sarah Adys his Daughter,
Anne Ware a Mayd-Servant, and Peter Segar, and two other
Menservants, to Imbarque and Shipp themselves in any of
his Majesties Ports in such Shipp or Shipps, VesseU or Vessells
as they shall Contract or agree with for their Transportation,
with such Goods, Househould stuffe, VtensUls for Husbandry,
Merchandize, and other necessary Commodityes for their
accommodation (not prohibited to be exported) and paying
the vsuall and accustomed Dutyes for the same, and peaceably
to proceed on their Voyage to Suranam in the West-Indies
aforesaid. For all which this shall be asweU vnto them, as to
aU persons whom it may concerne sufficient Warrant.
To all and every his Majesties AdmiraUs, Vice Admiralls,
Captaines, and Commanders of his Majesties ffleets, and Shipps
at Sea, and also to the Commissioners and Cheife Officers of
Virginia.
336 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662.
his Majesties Customes, and to all other his Majesties Officers
and Ministers whom it may concerne.
The like Licence granted to Richard Afflett Citizen and
Chandler of London, Anne his Wife, Susan his Daughter,
George Nicholson his Servant, and Mary Hall a yong ChUde,
his Kinswoman. [p- 103. last %]
[571.] WhitehaU, 3 September :
[As Sir Wniiam Berkeley is speedily to return to Virginia,
the Board wiU consider the concerns of that Plantation on
Friday next : the Lord Treasurer, the Chancellor of the
Exchequer, and Sir William Berkeley to attend, and the
Secretary to the Council of Plantations to attend with all
Transactions and Orders of that Councill relating to the said
Plantation of Virginia.] [p. 123. If 1.]
Committee
of Planta-
tions.
[572.] Whitehall, 5 September :
Whereas by a former Order of this Boord the Lord
Treasurer, Lord Privy Scale, Lord Chamberlaine, Earle of
Leicester, Earle of Anglesey, Lord Hatton, Lord Holies, Lord
Ashley, Mr. Treasurer, Mr. Comptroller, Mr. Vice-Chamber-
lain, Mr. Secretary Nicholas, and Mr. Secretary Morice, or
any Three of them were appointed a Comittee to consider of
aU Businesses relating to forrain Plantations, It was this day
Ordered, that the Lord Chancellor, the Earle of Portland,
and the Earle of Sandwich be added to the said Comittee.
[p. 127. ll 3.1
[On the 10th this Committee is directed to meet] every
Thursday at Nine of the Clock in the morning at the Councell
Chamber at Whitehall. And that the first meeting be on
Thursday the 18th of this instant September. [p. 128. f 3.]
[573.] WhitehaU, 12 September :
Virginia. [A petition of Robert Sandford is read and ordered to be
dehvered to Lord WOoughby of Parham, who is desired to
1662.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 337
attend the Council on Thursday the 15th instant,] their Lord-
shipps intending then to take that busines into consideration.
[V. 130. U 1.]
[574.] Whitehall, 15 September :
By the Committee of the Lords and others of the Councill New
England and
appointed for fforreigne Plantations : — It was this day Ordered, Barbadoa.
that Colonell fErowd secretary to the CounciU of fforrain
Plantations do attend this Comittee in the Councell Chamber
at Whitehall on Thursday the 25th of this instant September
at Nine in the Morning and bring with him all Orders and
Papers relating to New England and Barbadoes. [p. 139.]
[575.] Whitehall, 24 September :
[On hearing the report of Dr. Exton, Judge of the St.
Admiralty, upon a memorial from the Dutch Ambassador
in the case of the Orange Tree of Middelburg, taken by
virtue of a Portuguese Commission and brought to Plymouth
and arrested there for breach of the Navigation Acts,
referred to him on 12 September,] It was further resolved
by the Boord, That the Issue be whether the said Goods
and Merchandizes or any of them, were of the growth
of an English Plantation in St. Christophers or laden from
an English Port there. And for the better discovery of the
truth therein. That the Judge of his Majestys High Court of
Admiralty do proceed in due forme in the Examination of
such proofes and Witnesses as shall be produced in the said
Cause, and make Report thereof to this Boord within Twenty
dayes or sooner, that so such further Order may be given
therein as shall be just. [f. 346. ^1.]
[576.] Whitehall, 25 September :
At the Committee for Plantations : Present : — His Royall New
Highness the Duke of Yorke, Lord Chancellor, Lord Privy Barbados
Seale, Duke of Albemarle, Earle of Portland, Mr. Treasurer, ®"°-
Mr. Vice-Chamberlain, Mr. Secretary Morice.
23
338 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662.
The Settlement of the Plantations in New England seriously
debated and discoursed and the Lord Chancellor declared
then that his Majestie would speedely send Commissioners to
settle the respective Interests of the severall Colonies. The
Duke of Yorke to consider of the choice of fitt men.
A Patent of Corporation to be graunted to Rhode Island.
The Instructions prepared for the Lord Willoughby of Par-
ham Captaine Generall of Barbadoes were this day read cor-
rected and approved. And it was Ordered that Mr. Attorney
Generall do see the same, and also prepare a forme of a
Graunt for the said Lord WiUoughby to setle and graunt
Lands in the said Plantations.* [p. 147.]
[C.S.P. II. 320.]
[577.] Whitehall, 15 October :
St. [In the case of the Orange Tree, the Judge of the Admiralty
Christopher. j.gpQj.^gj j ^^g finde that these Witnesses which are examined
doe prove the difference in makeing vp of the RoUes of
Tobacco made vp by the English in the Enghsh Plantation
from those made vp by the ffrench, and other Inhabitants
there, that they are easily distinguished one from the other ;
the Enghsh makeing vp theirs constantly in short RoUes, and
great Twists, and without Molossus, and that the ffrench
and other Inhabitants there, doe make vp theirs in small Twists,
and long Rolles with Molossus ; And that they haveing been
aboard the said Shipp vpon the said Commission of Inspec-
tion, did finde a great number of Rolles of Tobaccoes in the
vpper part of the said Shipps hold, and that at the least one
third part of the said Rolles were made vp in great Twist and
short Rolls without Molossus, and to be of the English make,
and growth of the English Plantation, and the rest in small
Twists and long Rolles, as by the originall Depositions, which
I have caused to be brought along herewith will appeare.
* This entry and that of 15 September are the only Minute.s given of the
Committee, though there is a space in the Register where the minutes of the
meeting on 2 October may have been intended to go. The Jlinutes of this
meeting on 15 September are placed after those of the Council meeting on
17 September, as if the clerk had been in doubt whether to insert them,
1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 339
Against which proofe the other partyes are, after Publication
to make their defence before Adjudication, if they wiU vse
any. Besides, one of the Witnesses produced on the part of
De leaker and Company Deposeth, that hee hath seen about
12 Dutch Shipps at a time at St. Christophers, and that hee
beleives about 30 Dutch Shipps in a yeare are there Laden ;
and that another of the Witnesses produced on the same
part Deposeth, That the Commodityes growing on the ffrench
Grounds and Plantations on the said Island of St. Chris-
tophers, doe, and will (as hee beleiveth) lade, one yeare with
another about 12 Shipps of ordinary burthen. Other proof es
there be, which are made on both sides concerning Sande
Point whether the same be in the English Plantation or the
ffrench, which I have likewise pervsed, but doe finde that
they being different and various will require s'ome further Con-
sideration vpon the hearing of Councell on both sides, which
said originall depositions I have likewise caused to be brought
along with the rest. All which I humbly submitt to your
Majesties and your Lordshipps gratious Consideration, John
Exton. Vpon due Consideration whereof this Board not
finding any just Cause for continuing tlie said Shipp vnder
Arrest, [give order for her discharge], [p. 170. ^ 2-p. 172.]
[578.] Whitehall, 12 November :
Vpon reading the Petition of John Raynor Esqr., Deputy Newfound-
Gouernour vnder the Lord Baltimore, in Newfound-land,
Setting forth. That the petitioner at Newfound-land, in July
last, seised a Dutch-built Shipp, pretended to be called the
John of Topsham, for Trading contrary to the Act of
Navigation, having no Certificat to cleare Her ; Which Shipp
vpon the said Seysure, was sent for England, to be here pro-
ceeded against as forfeyted to his Majestic, and the Seysers.
That the said Shipp putting into Dartmouth, was arrested in
the name of John Borr of Dublin, (as belonging to himself)
by vertue of a Warrant out of his Majestys high Court of
Admiralty ; That, vpon that Arrest, his Majestys Councell
340 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1662.
pleaded his Majestys Interest therein, made proof es, and
were ready for the Sentence of that Court ; And that the
petitioner is Informed, that the Judge of the Admiralty hath
made a Report vnto his Majestie touching the said Shipp.
And praying that his Majestic would please to heare his
Councell m that Court, before any Order be. made vpon the
said Report ; [Friday, 14 November,] is appointed for the
reading of the Report of the Judge of the Admiralty in
the said Cause, at this Board, and for further proceedings
thereupon, as shall be thought fitt ; At which time Dr. John
Exton (Judge of his Majestys said Court of Admkalty) Sir
Robert Wiseman Knight (his Majestys Aduocate) and Sir
Walter Walker (one of his Majestys learned Councell) and
all other Persons concerned therein, are required to giue their
Attendance. [p. 199-]
[579.] Whitehall, 14 November :
St. Vpon the Petition of John Mayer Schipper and De Leaker,
and the rest of the Owners and Proprietors of the Shipp
called the Orange Tree of Middleburgh, Subjects of the King
of Prance, and the Lords States of the Low-Countryes, this
day read at the Board, Setting forth. That their said Shipp,
by Combynation between Captain Downeman and Francis
Dorington Merchant, having contynued vnder Seysure in the
Port O' Plymouth, without any cause or Colour, for eight
moneths space, notwithstanding his Majestys high Court of
Admiralty, and this Board, haue severally Ordered her Dis-
charge ; And that since the Order of the 15th of October last,
shee hath been again Arrested in Ten thousand pounds by the
said Dorington at the Suit of Downeman, vpon the same
pretensions for which shee was formerly Cleared, And that the
said Dorington hath caused the said Schipper to be Arrested,
the 3d of this Moneth, by Writ out of the Kings Bench, at
Suit of the said Downeman, and layd him in Gaole, with
sundry other violent proceedings ; And that besides those
Oppressions and Injuryes a demaund was made of 901. ffees
pretended to be due to the Vice-Admjrall of Deuon, and hau?
1662.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 341
Charged the same on the said Shipp ; This Board, having
consulted their former Order of the 15th of October last
[the release of the vessel is again ordered]. [pp. 203-204.]
[580.] Whitehall, 14 November :
[On full consideration of the case of the John of Topsham, Newfound-
on the report of the Judge of the Admiralty, it is ordered] ^"^ '
That the said Cause be remitted and left to his Majesties
High Court of Admiralty ; And in Case the Court of
Admiralty shall Bayle the Shipp, that then they take
caution that in what Court soever the Cause shall be
Adjudged in that they shall be answerable to stand to the
Judgment. [p. 206. ^ 1.]
[581.] Whitehall, 21 November :
The Petition of Mary the Relict of John Burghill, Elizabeth West indies.
Relict of John Sparkes, George and Thomasine Bradford,
Grand-Children of Nicholas Greene on behalfe of themselues
and diuers others (who were long time Seruants to the Right
Honorable James late Earle of Carlisle deceased) togeather
with a Report of his Majestys Attourney Generall being this
day read at the Board, It was Ordered that the Petitioners
attend the Lord Willoughby of Parham Gouernor of the
Careby Islands, &c. and his Lordshipp is desired to Consider
of the said Petition and Report, and to returne to this board
his Answer, which way the Petitioners shall, or may haue
and obteyne due effects of their desires. [p. 224.]
[582.] Whitehall, 12 December :
[Robert Downeman having represented that] Forasmuch St.
as the Petitioner hath legally proceeded according to his Com- ^ °^ ^^'
mission, and hath not imbeazeled or taken any goods as is
aUeadged, And that the said Master John Meyer hath
acknowledged that the Petitioner hath dealt civilly with him,
and that he could not find that any goods were taken out
of the Hold, as by Certificate and Depositions is fully proued ;
and the Petitioner haueing been turned out of the Orange Tree,
342 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1662.
if there hath since happened any Imbeazlement he cannot be
guilty thereof, And therefore humbly prayed that the like
grace and ffavour might be extended to him and his Bayle,
as to the Dutch, and that they may be discharged. Where-
upon it was Ordered, that in regard the Ship Orange Tree
is aUready ffreed and gon for Holland that the Petitioner
Robert Downeman and his Bayle be likewise forthwith dis-
charged for taking the said Ship, and from any Obhgation
entred into by them in the Court of Admiralty to prosecute
the said suite Of which not only the Judge of the Admiralty
but all others whom it concernes are to take notice and governe
themselues accordingly. [p. 250. ^ 1.]
[583.] Whitehall, 17 December :
St. Whereas the Petition of John Meyer Master and others
Owners of the Shipp Orange Tree was read at the Boord,
Shewing that part of her Lading to 1200L value and upwards
was taken out of her by one Downeman That the Petitioners
by the vexatious prosecution of one Dorrington, Bayle in the
Court of Admiralty for the said Downeman haue been by the
said Arrest danmifyed aboue 3000?. which they did not doubt
to recover by due course of Law against the said Dorrington,
But the said Dorrington upon divers false Suggestions
that Downeman had legally proceeded according to his
Commission, and that he had not imbeazeled or taken any
of the Petitioners Goods but had used the Petitioners kindly,
obteyned an Order to discharge the said Downeman and his
Bayle, the Petitioners not being heard therein, And therefore
humbly prayed the benefitt of the Lawes to repairs themselues
against the said Downeman and his Bayle, Vpon consideration
whereof, It was this day Ordered, That the Judge of the
Admiralty do consider of the Allegations aboue mentioned,
and of the late Order of this Boord of the 12th instant . .
and report to the Boord in writing, upon ffriday next the
19th present, whether notwithstanding that Order, the said
Downemans Bayle be not lyable to all Suites that shall be
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 343
against him, for any Imbeaaloment or depredations comitted
on the Goods of the said Ship, since the taking thereof where-
upon the Boord will giue such further Order therein as
shalbe fitt. [pp, 252-3.]
[584.] Whitehall, 4 February :
The humble Petition of Edward Bushell Merchant being Barbados,
this day read at the Board, Complajniing, That he hauing out
of meere Charity and Compassion taken into his Service and
Imployment one Thomas Bushell, a poore Kinsman of his
to doe him good for his better Encouragement and Aduance-
ment sent him (some yeares past) beyond the Seas and setled
him in the Barbadoes, intrusting him as the Petitioners
Servant and Factor, with considerable Cargoes of goods and
Summes of Moneys and thereby hath at present in his hand
and possession a great part of the Petitioners Estate to the
value of 7 or 8000L Sterling, That the said Thomas Bushell
hath, contrary to all Bonds and tyes of Duty, and humanity
dealt vnfaithfully and ingratefuUy with the Petitioner Con-
verting the Petitioner's Estate to his owne vse, and cosum-
ing the same. And refuseth not onely to come to an Accompt
of what hath beene Comitted to his trust, But assaulted and
wounded the Petitioners freinds and Relations imployed and
Authorised to call him to such Accompt and the more effec-
tually to defraude the Petitioner, and Shelter himseKe from
the Ordinary Course of Justice, he hath (with the Petitioners
proper Estate) purchased in his owne name A small Planta-
tion of 16 Acres in the said Island and thereby made himself e
a Freehoulder whose priuiledge is (by the Law and Custome
of that Countrey) to be Exempted from Arrests and giuing
of Bayles, Whereby the Petitioner (who of late Yeares hath
had a Considerable Trade to the said Plantation both in
Stock and Shipping) is likely to be despoyled and Impouerished
(at least discouraged) in that his former Trade thither, And
humbly Praying, That the Lord WiUoughby of Parham,
Governor of his Majesties said Island of Barbadoes, Or the
President and Councell there, may be Ordered to Secure the
344 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663
person of the said Thomas Bushell vntill hee conforme to the
setling of a perfect Accompt of his trust From the Petitioner
and Giueing Satisfaction therevpon, Or vpon refusall thereof,
That the said Thomas Bushell be returned for England to
answer the Petitioner at Law. [The petition was granted,
and directions sent to Lord Willoughby to proceed accordingly,
certifying the Board of his action therein] that their Lord-
shipps may therevpon giue such further Order by sending
for him ouer into England to answer the said Edward Bushell
at Law or otherwayes as shall be thought expedient.
ip. 287. II 2.]
[585.] Whitehall, 6 February :
teTiw^^ [Sir William Compton, Master of the Ordnance, is added
England. to the Committee appointed for the affairs of New England.]
[p. 294. 11 1.]
[586.] Whitehall, 25 February :
Jamaica. It was this day Ordered by his Majestic in Councell, That
the humble representation of the Officers of Mihtia in Jamaica
to the Kings Majestic sent by the Lord Windsor Gouernour
there, and by his Lordship deliuered in Councell should be
entred in the Register Booke of CounceU Causes.
May it please your Majestic
Wee the Officers of the present Militia, late army, and
Gentlemen in this your Island of Jamaica (haueing a iust
sence and apprehension of that eminent and general] blessing
of your Majesties Glorious Restauration, and of those particular
Satisfactions and benefitts which wee haue had thereby) could
not longer deferre our humble and gratefuU acknowledg-
ments, that our pens (as well as our hearts) might speake our
affection and thankfuUnesse, for your Majestys fauour ia
owning vs, your bounty in supplying vs, and your gratious
and Royall pleasure in Comanding so apt. Worthy and Honor-
able a Person as the Lord Windesor to be our Gouernor who
hath giuen vs such a foundation of Settlement that we can
now call our poore Improuements our owne, when as formerly
we were a People Exiled and throwne into all manner of
1663.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 345
necessities, in the vtmost corners of the earth forgotten (by
the difference and distractions of those vnhappy times wee
lined in) not only to our friends and the English Nation,
but to our owne hopes also, vntill your Majestie was
graciously pleased to let your mercy Extend it selfe to another
World, and owne vs your Subjects, by those vnlimitted Acts
of goodnesse which are onely proper to your Majestie who
(aboue all the Princes of the earth) hath learned to Com-
miserate the vnhappy, It is vnder your shaddow (our gracious
Lord of Jamaica) that we hope to grow, and in time produce
such fruits and aduantages to your Majestie and Kingdomes,
that posterity will blesse your name for your Princely care in
releiuing vs, and prudence ia Inlargeing your Majestys happy
Dominions, Our Obligements and humble acknowledgments
are (and ought to be) so many, that we dare not further trouble
your Majestie, but referr the Exacter accompt of our selues and
affaires, to our Noble Lord Gouernor who wee hope God will
bring in Safety and health into your Royall presence to assure
you by his mouth how passinatly and really wee are.
Your Majesties gratefuU FaithfuU and humble
Subiects
This Representation was Subscribed by Richard Pouey
John Man Thomas Hauriman Wm. Beeston, and foure-score
more. [p. 326.]
[587.] WhitehaU, 11 March :
This day Mr. Secretary Bennett exhibited this ensuing Plantation
Letter* to the Boord, which was read and approued of. And
it was Ordered to be entred in the Register Booke of Councill
Causes as followeth in haec verba vizt.
Whereas Wee are certainly informed, that the Spanish
Planters of West India haue lately attempted to trade with
Our Island of Barbada for a supply of Negro Slaues, and did
to that end resort thither, first with their monies onely, and
afterwards with both money and other comodities, But then
* It is not stated in the Register to whom the letter was to be sent.
346 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
departed thence abruptly in greate dissatisfaction, in regard
that they were given to understand that they could not
lawfully import into that or any other Our American
Dominions the Commodities of the manufacture and growth
of their Plantations and yet left behind them a promise, that
if they might have assurance of free accesse and recesse with
their Shipps moneys and Goods, and free Pratique and com-
merce with Our Subjects in Our said Plantations, they would
make them Martes from whence they would purchase their
supply of Negro Servants, and such other European Comodities
of all sorts as their owne Plantations may want, and pay Vs
a reasonable Custome for the same.
And whereas Wee find upon good and mature dehberation,
that Our graunting of such Assurance as is desired by the said
Spaniards may redound not only to the increase of Our
Revenue, but also to the signall Advantage of Our good
Subjects both at home and abroad, in point of their trade and
Navigation, and judging that the cause doth not in any wise
crosse the generall or speciall intention of the Act for
Navigation.
Wee haue therefore thought fitt and do hereby declare,
That Our Royall WiU and Pleasure is to giue and graunt,
and Wee do hereby giue and graunt free hcence and Warrant
to any of the Spanish Subjects of America, to come from any
Port of America, and to enter into any Road, Port or Hauen,
of Our said American Dominions, with their Shipps, Moneys,
Bulhon, and Goods, and freely to sell barter, and exchange
the same to and with Our Subjects there, and as freely to
returne to any of the said Spanish American Ports with their
Shipps, and such Goods and Negroes as they shall haue
bought in our said Dominion, without any lett trouble or
molestation to be made or given by you, or any other Our
Officers or Subjects mihtary or civill, whatsoever. And Wee
do hereby command that both you and they do lend the utmost
assistance for the inviolable observance of this Our Graunt,
and free Licence aforesaid, Any thing in the Act of Navigation,
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 347
or any other Law Statute or Ordinance, or any Letters of
Mart or Reprizall given or to be given to the contrary
Notwithstanding.
And Wee do further hereby impower and require you to
make and giue free Passeports and protections accordingly
to any such Spanish Shipps, Monies and Goods trading to
or from any of Our said American Dominions under your
Government, when and as often as you shall be thereunto
requested and desired.
Prouided allwaies, that such Spaniards do agree, and
accordingly well and truly pay for Our use to such Person
or Persons as Wee shall appoint to collect and receiue the
same.
ffor all Goods and Merchandizes whatsoever either imported
or exported the same duties of Tonnage and Poundage as is
now established by Law in this Our Kingdome of England,
to be paid in peices of Eight RoyaUs at the rate of fEour
shillings the peice.
And for every Negro person or Slaue, that the said
Spaniards or any other shall transport for any other Port or
Place in America, other then such who are actually under
Our obedience, Tenn peices of Eight for each Head.
Excepting allwaies all such Negro-Slaues as are or shall
be brought directly or immediatly by Contract made here
in England with our Company of Royall Adventurers of
England trading to Africa. All which Our Royall Will and
pleasure is, shall and may be free exported without the
payment of any Duty or Imposition whatsoever to Vs or Our
Successors.
And further Our will and Pleasure is, and Wee do hereby
require you to giue your expresse Order and assistance to
Our Collectors, and other Officers of Our said Customes, That
no Negro Persons be exported from any the Islands or places
within your Government under pretence of furnishing any
Plantation of Our owne American Dominions, untill the
348 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1663.
transporter or Lader of them shall haue first given good and
sufficient Security by Bond to the use of Vs and Our Suc-
cessors, that he will returne Certificate within a Competent
time from the place to which they are bound that the said
Negros are there landed and disposed of to the use of the said
Plantations.
And Our further wiU and Pleasure is, and Wee do hereby
strictly command and enjoyne you, and aU Our other Ministers
and Officers under you, that you do not permitt or suffer
any Goods, Monies, or Merchandizes whatsoever, that shall
be so imported on Spanish Ships by virtue of this our Licence
to be reshipt and exported thence, on any other Shipps or
Vessells, then those, that do and shall properly belong unto
Our Subjects of England, and for which the Merchants and
Laders thereof, and the Commanders of the said Shipps and
Vessels do giue you good security by Bond to our use, that the
same shall be brought into Our Kingdome of England directly
and there landed, and not elswhere.
And further Our Will and Pleasure is, that you giue to the
Commanders of every such Ship a Certificate of the quantity
and quality of all such monies. Bullion Goods and Merchan-
dizes as he shall haue given you such security for, to the end,
that the same might be exhibited to the cheife Officers of Our
Customes here in the port, where the same shall be entred and
landed.
Prouided allwaies that the King of Spaines Subjects shall
not by virtue or colour of this Our Licence be permitted to
import into our said Island of Barbada, or any other Our
American Plantations, any Goods, Ware or Merchandizes
whatsoever of the Growth or manufacture of Europe Asia,
or Africa, It being the true intent of this our gratious Licence,
that the said Spaniards shall import no Goods or Merchandizes
whatsoever, saving only such as are the proper product of the
Spanish American Plantations. Prouided also that the said
Spaniards, shall not by virtue of this Our Licence haue Liberty
to export from any of Our American Plantations any
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 349
Comodities whatsoever of the product of Our said Plantation,
sauing onely such necessary provision, as shall be requisite
for the feeding of themselues and such others as they shall
transport from thence. [pp. 336-338.]
[588.] Whitehall, 13 March :
[Upon the petition of William Chamberlain and Tobias Frere, Barbados,
permission is granted to export fifty geldings for the use of
their Plantations in Barbados] Provided that they do not
exceed the prize of about seauen pounds each Gelding ; nor
transport Stone-horse or Mare. [p. 340. ^j 3.]
[589.] Whitehall, 10. April :
A Letter from New England and several Instruments and J^ew
. . . England.
Papers being this day read at the Board, (his Majestic present
in Councell) did declare that he intends to preserve the Charter
of that Plantation and to send some Commissioners thither
speedily to see how the Charter is maintayned on their part
and to reconcile the differences at present amongst them.
[p. 384. Tj 2.]
[C.S.P. II. 437.]
[590.] Whitehall, 15 April :
Upon reading the humble Petition of Henry Janson Dr. Barbados,
of Laws concerning a Grant made to him of all the Wasts
and Illegal Incroachments in and about the Island of
Barbado's. It was Ordered (his Majestic present in Councell)
That the said Dr. Janson, Mr. Kendall, and all others therein
concerned do attend this Board on ffryday the 24th of this
Instant Aprill, and that the said Dr. Janson do give timely
notice thereof to the said Mr. Kendall, giving or leaveing for
him a copy of the said Petition. [p. 387. ^ 3.]
[591.] Whitehall, 29 April :
[In the matter of Dr. Janson's petition] touchmg a Bill Barbados,
prepared to passe his Majesties Signe Manuall, for a grant
pf all wast grounds, unplanted and unoccupyed in the
King
David.
Jamaica.
350 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
Barbado's, not heretofore graunted and which cannot be
Claimed by the limits of the first Plantation, ... It
was Ordered, that the said grant be and hereby is cessated
and layd aside, and that there be noe further proceedings
therein. [p. 391. ^ 1,]
[592.] WhitehaU, 20 May :
The Board being informed by the Farmers of his Majestys
Customes, That a Ship called King David (returned from
Virginia) with her Lading and Tackle was seised neare vnto
Yarmouth on Saturday last, by two or three persons who
produced Deputations from the Earle of Berkshire And that
Walter Senserfe Master of the said Shipp hath made no entry
of the said Ship and goods for that they are vnder seisure,
[the persons who seized the ship are required to appear before
the Board to explain their conduct, producing the deputation
under which they profess to have acted : and meantime the
ship is to be freed from arrest]. [p. 408. ]f 1.]
[593.] WhitehaU, 1 June :
The right honorable the Lord Privy Scale representing to
his Majestic, that he had receiued a Warrant of an extra-
ordinary nature authorizing the Officers of the Exchequer to
passe and allow the Accounts of the Lord Windsor according
to the State thereof presented to his Majestic under the hand
of the Auditor of the Imprest being for Seaventeene Thousand
Six Hundred Sixty Three pounds. Ten shiUings part of Twenty
One Thousand Two Hundred pounds imprested to the said
Lord Windsor for the Service of Jamaica, his Majestie being
satisfyed with his care in the disposition of the said monies,
With his Majesties Declaration, that for the further Summes
of Three Thousand pounds or value thereof in Goods
alleadged to be left in Jamaica towards buying of Negroes,
and ffiue Hundred Twenty Seaven pounds Eleaven shillings
Eight pence with Sir Charles Littleton Deputy Governor
there towards the building of the ffort Charles, the said Lord
Windsor shall remaine still charged therewith, untill by good
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 351
Evidence it shall appeare [that these sums have been
employed according to his Majesty's instructions], And that in
regard of the distance of place Processe be staid from time to
time as to the Lord Treasurer and Chancellor, and other the
Officers of the Exchequer shall seeme reasonable and convenient.
Which the Lord Privy Scale acquainted his Majestic that it
was an unusuall manner of passing Accounts in the Exchequer,
And therefore desired his Majesties further Pleasure therein
before he affixed the Privy Scale thereunto Whereupon the Lord
Treasurer hauing reported the whole state of the busines to
his Majestic in Councill, His Majestic was pleased to Order
that the Lord Privy Seale do cause the said Warrant to passe
the Privy Seale, And that this Order should be his Lordships
sufficient Warrant and discharge for so doing. [p. 421. ^ 1.]
[594.] Whitehall, 10 June :
It was this day Ordered That Mr. Mariott Steward to the Carolina
Duke of Norfolke do forthwith deliver to his Majesties
Attorney Generall a Patent graunted in the yeare 1629 to
Sir Robert Heath concerning the Plantation of Carolina,
together with certaine Articles relating thereunto, by the said
Sir Robert Heath to be performed. Which afterwards he did
assigne over to the Ancestors of the now Duke of Norfolke,
to be perused by him the said Attorney Generall.
It was this day Ordered, That upon Mr. Mariotts delivery
of a Patent to Mr. Attorney Generall graunted in the yeare
1629 to Sir Robert Heath concerning the Plantation of Caro-
lina, together with certaine Articles thereunto relating. That
Mr. Attorney Generall do consider thereof and informe himseK
how those Articles haue been performed, and to make a
speedy Report in Writing to the Boord.
[p. 428 TIT] 1 & 2.]
[595.] Ibid.
Whereas a Report of his Majesties Councill for forrain Barbados,
plantations concerning an Order late made by the Deputy
352 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
Governor of the Barbada's, was this day read at the Boord
as foUoweth in hsec verba
May it please your Majestie
The Merchants and Traders to your Majesties Plantation
of Barbada's haue lately represented to this Council! a
state of certaine Greivances which they ly under by reason
of the delay of Justice, and the legall proceedings of
that Island for recovery of Debts and rights there.
The said Merchants do more particularly and especially
complaine against a late Order made in that your
Majesties Island by the President and Councill there,
whereby upon the petition of a small number of indebted
persons of Three Parishes only, there being Thirteene
parishes in the said Island, The said President and Coun-
cill do Order, That the respectiue Judges in the seuerall
Precincts do adjourne and make generall stay of all Pro-
ceedings of their respectiue inferiour Officers there with-
out the consent of the Assembly there, As by a Copy of
the said Order annexed hereunto appeares.
Vpon which your Majesties said Councill did Order a
Committee of that Councill to attend the Lord Willughby of
Parham and acquaint his Lordship with the said Order,
and to know if his Lordship had any Accompt thereof
from the said President and Councill, His Lordship
declared That he only heard of such an Order by seuerall
Complaints made to him, but had receiued no other
Account thereof but declared his dislike of the thing.
Your Majesties Councill hauing a deepe sense of the
evill consequences that might ensue upon such vnpresi-
dented Proceedings did thinke it their duty to enforme
themselues fully in point of fact. And upon information
of sundry Merchants and others, and the perusall of
seuerall Letters and Papers, Do find
1st. That there are Thirteene Parishes in the said Island,
That the Petitioners were but a few of the most indebted
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 353
persons of Three of those Parishes, That the President
himself and seuerall of the Councill are much indebted, That
the ground of that Petition being the drynesse of the Season,
by reason of which there would be a scarcity of Sugar and
so the Planter disabled to pay his debts, was not considerable
as is pretended, for that it is affirmed, the season was not so
dry but that there was the Hopes of a plentiful! Crop in most
parts of the Island That although the Stop of Justice was
but untill the Assembly could be convened. Yet it being in
the Presidents power to call the Assembly, he might (and it
is suspected) would delay the calling the said Assembly untill
the Crop were over, Or that it were to late for the Courts to
make any Judgments to be executed upon that Cropp.
2 That in pursuance of the said Order certaine Merchants
hauing obtejTied Judgment and Attachments were imprisoned
for refusing to returne the Goods in their possession already
executed.
That the Planters generally take advantage of the said
Order and refuse to pay their Debts and dispose their Sugars
to their owne particular Accompts.
That the ffactors take advantage likewise thereof, and
deteyne from their Principalis here the effects in their hands
and convert the same to their owne uses leaving their Prin-
cipalis without returnes to their very greate Losse and
Dammage.
Your Majesties said Councill do find just cause to suspect
That the said President and some of the Councill being
deeply indebted did take hold of the said Petition aswell to
avoid the payment of their owne debts as to gratefy the
Petitioners.
Your Majesties said Councill do likewise find That the
Merchants of this Citty using that Trade are generally
discouraged, and at a greate Stand whether to trade further
to the Plantations by reason of this stop of Justice, to the
greate dammage of your Majesties Customes and discourage-
ment of Navigation.
23
354 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
That seuerall Owners and Masters of Ships and Seamen
using that trade are much disheartned by reason of the said
Stop of Justice there, ffor that the Merchants dare not
adventure to undertake ffreight either out, or home.
Vpon the whole matter your Majesties said CouncUl of Plan-
tations are of opinion. That the Stop of Justice by the
said Order of the President and CounciU of Barbada's is
without Precedent and of such evill Consequence, That
(unlesse immediatly prevented) will not only endanger the
ruine of the same, but also of all other your Ma3esties
growing Plantations in America.
It is therefore the humble advice of your Majesties
said CounciU That your Majestie will forthwith by some
publique Order revert the said Order of the said Presi-
dent and CounciU, prohibiting the Course of Justice
in your Majesties said Island, and to forbid the Kke for
time to come upon some severe penalty, And that your
Majestie will giue Liberty to aU Merchants and others
who haue suffered by the said Order or stop of Justice
thereupon to take their legaU Remedy and course, against
the Makers of that Order for their reparations (they hauing
no authority for the same) And that they may be remoued
from their present Imployment, And that your Majestie
will giue such further directions for the quickening of
the Proceedings of the Courts of Justice in the said
Island, and your Majesties Plantations in generaU, as
your Majestie shaU in your RoyaU Wisedome thinke
meete.
Signed : — Windesor, Jo Berkley, Jo CoUeton, Alexr
Howe Edw Diggs Edw WaUer, Tho. KendaU.
At a meeting of the honourable the President and
CounciU the 10th of March 1662
Vpon Consideration had on the seueraU Petitions of the
Inhabitants of St. Andrews, St. Peters, and St. Lucy, and
of the common calamity of this Island at the present. It is
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 355
ordered by the President and Councill, That the respectiue
Judges in the seuerall precincts do adjourne their Courts and
make stay of all Proceedings of their respectiue inferior Officers
untill the aforesaid Petitions, and the said necessities of the
Island can be represented and considered of by themselues,
with the concurrence of the Assembly at their next meeting,
And that a true Copy of this Order be immediatly presented
to the seuerall Judges.
Which their Lordships taking into their serious con-
sideration, together with the said Order of the President and
Councill of the Barbado's of the Tenth of March, 1662, Did
order that the busines be recomended to the care of the Lord
Willughby, And it is hereby in a speciaU manner recommended
to his Lordship not only to examine the particulars of those
Greivances, but to giue effectuall and speedy redresse therein,
according to Justice and Equity. [pp. 428-431.]
[596.] Whitehall, 10 June :
Upon reading this day . . the Petition of Mary Burghill and Barbados.
Elizabeth Sparks widdowes Servants of the late old Earle
of Carlisle on behalf of themselves and other his servants
Their Lordships did appoint to heare the busines upon fEryday
next And it was Ordered, That the Lord Willughby see
the Petition and have notice given him, that he is desired to
be then present. [p. 431. ^ 1.]
[597.] Ibid. [Cf. 123.]
[John Tatlow and Thomas Escott, who seized the ship Ship King
"- ^ David.
King David at Yarmouth, having refused to obey the
Order of 20 May for their appearance before the Board, a
warrant is issued to Edward Flower, one of the messengers
of his Majesty's Chamber, to take them into custody and
produce them before the Council to answer their misdemeanours
and contempt.] [p. 432. ^ 1.]
[598.] Whitehall, 13 June :
This day these Instructions following for the Lord West Indies,
356 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
Willughby of Parham were read at the Boord, and approued, and
Ordered to be entred in the Register Booke of Councill
Causes.
1. You shall with all convenient speed, make your Repaire
to some place within Our Commission mentioned, that you
may the better put the same in execution, you shall as soone
as you shall judge necessary, giue Commissions and Deputa-
tions, to such person or persons, as you shall thinke fittest
for the good Government of the seueraU Islands and Colonies
under your Command, with such Powers as you are inahled
to giue by Our Letters Patents, or so many of them, as you
shall find requisite for the good Government of Our loving
Subjects, and with such Instructions, not contradicting these
given by Vs to you, as shall be by you thought fitt.
2. You shall with all Skill and force (if need so require)
defend the Rights, Priviledges, and Prerogatiues of Our Crown
in those Our Dominions, and provide (as well as you may
without breaking any League or Peace between Vs and other
Princes) that no Stranger Subject of any other Prince, or
State do inhabit or possesse themselues of any of those places
in Our Graunt conteyned, but such as shall acknowledge Our
Soveraignty there, and that Our owne naturall Subjects be
put in Remembrance of the Duty they owe Vs, and kept ia
the same, that all Officers military and civiU, and all hauing
ecclesiastical! promotion do at their entring on the same take
the Oathes of Allegiance and Supremacy, which they shall
be bound to repeat, when you shall judge it convenient.
3. You are to take speciaU care, that the Gospell be
preached and propogated according to the Doctrine of the
Church of England that divine Service be decently, and
reverently celebrated, and the Sacraments duly administred,
that there be a setled Provision for the good incouragment
and invitation of learned and Orthodox Ministers, and that in
the seuerall Islands, you sett out such Bounds for parishes,
and erect such Churches, as may be decent for the service
of God, and convenient for the People to meete in, and that
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 357
you shall present or collate Clerks to aU such Churches, aswell
as to those aheady builded, who shall be knowne or recomended
to you for Loyalty, Learnmg and Piety.
4. You shall be vigilant and carefuU to prevent and suppresse
all Pactions and Seditions, and that Our Subjects may be the
more inclined to peaceable Living, you shall appoint such
Judges and Justices as are of knowne ability, and integrity,
and see, that great Care be had, that Justice be uprightly,
indifferently, and with ease administred to aU our good People,
and you are to erect such Courts and Offices as shall be
necessary for the same.
5. You are to apply yourself to aU prudentiall meanes to
advance the Wealth and Prosperity of those Our Domiaions
both within themselues, and rendring them useful! to England,
and to aU other Our Territories and Colonies, to which end
you shall endeavour to advance both in price and goodnes,
the Comodities of the Growth and manufacture of those Our
Islands, and to giue all Encouragement to such as shall find
out waies for enriching the said Colonies.
6. You are to take special! care of the Revenue, that is, and
that shall become due to Vs in the seuerall Islands and Colonies,
and that by aU good and lawfull meanes you improue the
same, that as Our good Subjects in those remote parts, are
neere Vs in afiection, they may be made sensible that some
Returne of Profitt, as weU as Duty ought to be made Vs for
our continuaH and unwearied care of them, And that the
benefit thereof may redound to Vs, you are further required
to appoint Customers, Collectors, Receivers, Treasurers, and
such other Officers, as you shall thinke necessary, and to
erect Offices in so many places, and under such Rules and
ffees, as may be fittest for 0\ir Service, and that of all Receipts
and Accompts, faire Books be kept, of which Copies shall be
transmitted to Vs, or whom Wee shall appoint at the least,
once every yeare.
7. You are to take care that the seuerall Islands, Harbours,
and Shores be well fortifyed, as the nature of the place, and
358 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
number of the People will permit, and that the seiieraU places
and Islands be sufficiently furnished with Ordnance, Armes,
and Amunition, and other warlick provision, and our good
Subjects the Inhabitants be put under able, and expert Com-
manders, such as you shall judge well affected to Vs, and the
peace of Our Dominions, and that both Officers and Souldiers
be diligently exercised in Armes, and Our Pleasure is for the
raising of such fforts and Castles as shall be needfull to defend
Our seuerall Islands, or any Stations for Shipping trading
there, that you take so much of Our Revenues (not being
of the Moyety assigned to the Creditors of the late Earle of
Carlisle) in those seuerall places as shall be requisite, the
Accounts of which expence together with your Certificate
annexed shall be a sufficient discharge to you for so much
expended in that Our Service, as if it had been paid to Vs.
8. You shall keepe good Intelligence and Correspondence
with the seuerall Governors of Our America Dominions, in
such* sort, as you be a Help, Comfort, and Assistance the
one to the other.
9. You are required, that the Indian Natiues (especially
those of St. Vincents and Dominico, which haue many times
invaded Our Subjects in those Islands) be either by force or
Treaty kept from doing further harme to Our Colonies already
setled, or such as shall be thought fitt to settle, to which pur-
pose. We giue you full power to treat with, and make such
Agreement with these People as shall be most honorable for
Vs, and in case you shall find them injurious or contumatious,
you haue free Leaue and power to prosecute them with fire
and sword, and aU such wayes, as in Warr are usuall, both by
Sea and Land, Which said Warr or Peace, without any par-
ticular Commission from Vs, shall be made, as you in your
Judgement shall thinke fittest for Our Service.
10. You shall informe your seK of the Conditions of these
Colonies, which are subject to other Princes in America, and
particularly those of the King of Spaine, their Strength by
Land and Sea, Scituation of their Territories, Townes and
1663.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 359
ffortifications, their Manner of Commerce, and Living, the
Advantages and Disadvantages, Wee may receiue from them,
or they from Vs, of all which you are required frequently to
giue Vs advise.
11. You are further required, and hereby Power is given
to you, to make such Graunts of Land as shall be most for
Our profitt, and conducible to the well setling and peopling
those Our Islands, and since it seemes requisite, that the
Occupiers and Possessors of Land need further Confirmation
from Vs, we giue you fuU Power as from Vs, further to graunt
and confirme the same for such Consideration, and under
such Covenants, Conditions, and Reservations, as betweene
you and the respectiue Parties shall be agreed on. And you
haue hereby further Power and Authority, and are required
for the setling the minds and Estates of Our good Subjects
there, to assure them for Vs and in Our name, that such
Graunts and Confirmations, shall be, and be esteemed good,
and binding to Vs Our Heires and Successors, and that they
their Heires and Assignes shall peaceably enjoy the said
Estates, so graunted or confirmed. Provided you graunt not
more then Ten Acres for every Christian Servant, who shaU
within the space of Two yeares be sett on such Island, where
the Land is graunted, and to continue there during the usuaU
time of Service, this quantity of Land to be observed in such
Islands, where any English Colony is now setled, but for the
incouragement of such as shall plant on any desolate, or Indian
Island you may graunt any quantity of Land not exceeding
ffity Acres by the Head, aU the said Graunts to be made with
reservations, that the Grantees, and their Assignes do pay
such Rents, Dues, Duties, and Customes, as are now payable
or shall hereafter be agreed to be paid to Vs,
12. You are required to put an Act of Parliament in
Execution, entituled, An Act for the Encouragement and
encreasing of Shipping and Navigation ; neverthelesse Our
intent and Pleasure is, that you be permitted to giue Wood
and Water and such Ships provision, as the Subjects of any
360 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
in amity with Vs, shall stand in need of, and Our further
Pleasure is, that if any of the King of Spaines Subjects shall
offer to trade with you for Pearles, Gold, Silver, or any other
rich Commodity, which is not usuall in these Our Islands,
and which may in probability inrich Our Subjects, and he
an occasion of importing Bullion to Our Mint, that you may
accept of such Traffique, giving for the same, Slaues, or any
Commodity, which shall haue been in English Bottomes
transported to those Our Islands, but that you part not with
their natiue Comodities to Strangers vizt Ginger, Sugar,
Indico, Tobacco, or Dying Wood, but that the Trade for
the same be, as by the aboue-mentioned Act is appointed,
and that there be no abuse in the Trade aboue permitted. Wee
require that no person presume to use the same, but such as
shall be authorized thereto under your Hand and Scale, or
under the Hands and Scales of such Deputy or Deputies to
whom you shall giue such Power and Commission, In which
affaire you are to governe your self by Our former Warrant
dated the — day of — concerning that Trade with the King of
Spaines Subjects.
13. Whereas you haue been present your self at seuerall
Debates in Our Councill of Plantations upon the finding out
some Expedient, by which both Merchant and Planter might
be encouraged in car.ying on the Trade and Manufacture of
Sugars, and preventing the same from being become a Drugg
of small value, and to that purpose, that a Price might be
agreed upon, at which all the Sugars growing upon that Our
Island might be taken off, in all which Wee thought not fitt
to make any Conclusion, till the same may be deliberately
weighed and adjusted by the Persons concerned upon the
Place, Wee do therefore recommend the Consideration of the
premisses to your Wisedome and Care, that first before Our
Councill there, it may be entred upon, and prepared to be
discussed in Our generall Assembly, to the end you may
propound such Rules and Orders thereupon, as you find fitt
for the advancement of that Our Plantation, and if reasonable
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 361
Prices be set, Wee will upon Representation made to Vs
recommend it in such manner to a Body of good and sub-
stantial! Merchants, that the whole Growth of Sugars shall
be taken off, constantly at the prices so to be agreed on.
14. And Whereas Wee find that Our Revenues are
diminished, and Wee are defeated of a greate part thereof,
by reason that divers Ships and Vessells which do come to
Our Islands from other Countries haue not paid any Customes
or Duties here, nor in any of our Dominions for the Goods
and Commodities, which they bring unto Our said Islands,
you are therefore hereby authorized, and impowered, that
of all such Ships and Vessells, which shall hereafter come unto
Our said Islands for all such Goods and Comodities which they
shall bring thither and for which they shall not haue paid Our
Customes and Duties in England, You and your Officers, and
Agents shaU and may demand take and receiue such and the
same Customes and Duties as are established and appointed
by Our Bookes of Rates in England to be paid and receiued
here, for all such Goods and Comodities so to be hereafter
brought unto Our said Islands or any of them. An Account
of which Duties must be kept apart, and sent to Our High
Treasurer once every yeare at least.
15. Lastly you shall use your best Endeavour, and shall
employ all your SkUl, CouncUl, and fforce to maineteyne and
advance Our Royall Dignity, Interest, and Profitt in those
Islands, to preserue Our good Subjects there in Peace and
Safety, and to encrease the Riches of the same, And Wee giue
you free Leaue and Power to impart or keepe private such
and so many of these Our Instructions, as you shall judge
fittest for Our Service, and in case for the ends aforesaid, you
shall finde any other, or further Powers requisite, you shall
advise Vs thereof, and you shall follow such further Instruc-
tions, as you shaU from time to time receiue from Vs.
[pp. 436-7.]
[C.S.P. II. 489.]
362 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
[599.] Whitehall, 13 June:
Caribbee His Majestie hauing this day in Council! heard the seuerall
pretensions of the Earle of Kenoul the Lord Willughby of
Parham, and all others who claime Title or Interest in the
Caribdee Islands under any Graunt from the late King of
blessed memory to the late Earle of Carlisle deceased, or from
any Graunt or Right, before the said Graunt to the said
Earle of Carlisle ; Vpon serious deliberation thereof, and how
the said pretences might be best setled to their Satisfactions,
His Majestie declaring, that though he may legally avoid the
said Graunt made to the said Earle of Carlisle, as he is advised
by his learned Councill, and hath beeen petitioned so to do,
by the Planters and Proprietors of the said Island, and which
they offered to do at their owne charge, on his Majesties behalf,
by which all Graunts made by the said Earle of Carhsle,
and those who claime under him would likewise be avoyded,
and notwithstanding, that the Creditors of the said Earle for
whose Satisfaction he principally provided, haue not receiued
the least part of their Debts or Interest since the death of the
said Earle, which hapned many yeares before the Troubles ;
yet his Majesties Royall intention is, that before he assume
to himself any Benefit from, and within the said Islands,
he will cause such satisfaction to be made to the seuerall
Creditors, and all the other Interests, as may consist with
equity and good conscience, And therefore his Majesty by
their Lordships advice was pleased to declare and Order.
That the annuall Profits which shall arise from the
Planters Merchants and Inhabitants of the Caribdee
Islands, and be payable to the Crowne shall be divided
into Two parts
The one Moyety whereof shall be duly receiued by the
said Lord Willughby of Parham to his owne use during
the Remainder of the Lease by which the same is demised
unto him ; and after the Expiration of that terms,
the said Moyety of the Customes is to be entirely
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 363
reserved in his Majesties dispose towards the support
of the Government of the said Islands, and to such other
purposes as his Majestie shaU please to assigne the same.
The Second Moyety shall be thus disposed of yizt.
1. To the Earle of Marleborough ffiue Himdred
pounds per annum during his Life ; and after his
Decease to his Vncle William Ley Esqr during his Life ;
Which Annuity of ffive Hundred pounds to the said
Earle and his Vncle William Ley, is to be paid yearely
by way of preference before any of the following
Assignements to the Earle of Kenoul or the Creditors,
The same being agreed by the late Earle of Carlisle
before the Graunt of his Letters Patents, to be paid
to James Earle of Marleborough Lord Treasurer of
England, and Grandfather to the present Earle.
2. Secondly to the Earle of Kenoul ffiue Hundred
pounds yearely untih such time as all the Creditors of
the late Earle of Carlisle be fully satisfyed. Which said
ffiue Hundred pounds is to be paid yearely before any
thing be receiued by the Creditors of the said Earle of
Carlisle towards satisfaction of their Debts, And after
the Debts to those Creditors shall be fuUy discharged,
the Earle of Kenoul is to haue One Thousand pounds
per annum to himself and his Heires for ever. Which said
Fine Himdred pounds per annum for the present and
the making up the same One Thousand pounds per
annum after the Debts paid is in consideration of the
Surrender of the said Patent graunted to the Earle of
Carlisle, the Remainder of the said Graunt being in the
said Earle of Kenoul after the Debts paid.
3. And though his Majestie will not interrupt the
payment of the said Creditors by charging this Moyety
with more than the said ffiue Hundred pounds to the
Earle of Marleborough, and the said ffiue Hundred
pounds to the Earle of Kenoul, untill the said Creditors
364 ACTS OF THE PRIVY COCJNCIL (COLONIAL). [1663.
be satisfyed their full Debts. Yet his Majesties further
Pleasure is, for divers reasons him thereunto moving,
that from and after the expiration of the present
Lease of the first Moyety to the Lord Willughby, the
said Earle of Kenoul shall, out of that Moyety so
enjoyed by the Lord Willughby during his terme, and
reserved afterwards for his Majestie for the support
of the Government, and other uses, Receiue the yearely
Summe of ffiue Hundred pounds to make up the Summe
of One Thousand pounds per annum till the Creditors
are satisfyed out of the other Moyety ; His Majestie
never intending that, that Moyety now enjoyed by the
Lord Willughby, shall be enjoyed by succeeding
Governors His Majestie vouchsafing it to the Lord
Willughby for very extraordinary Considerations.
4. Fourthly to the Creditors of the said Earle of
Carlisle their Executors and Assignes named in an In-
denture and Schedule thereunto annexed bearing date
the 29th of August 1649 betweene the said Earle of
Carlisle and the Lord Willughby of the one part, and
Wilham Latham and divers others Cieditors of the other
part, they hauing voluntarily submitted to abate one
Third part of the PrincipaU Debt due to them by the
said Earle, which amounts unto the Summe of Thirty
Seaven Thousand, Seventy ffour pounds Nine Shillings
and Six pence. It is Ordered That the other Two parts
, . . be paid to them in Goods and Commodities upon
the said Islands according to such Rates and Valuations
as Merchants trading there do usually take off the same ;
as the said Debts hath beene adjudged to them by
seueraU Decrees in Chancery Securities or Agreements
majde with the said Earle of Carlisle, Lord Willughby,
or either of them. The distribution of which Two
Thirds amongst the said Creditors is to be made
according to the proportion and precedency mentioned
in the said Indenture of the 29th of August 1649.
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 365
Which Second Moyety of the Customes of the said
Caribdee Islands after satisfaction of the said Creditors
is likewise to revert to the Crowne, Excepting onely the
Thousand pounds per annum gruanted in perpetuity to
the Earle of Kenoul and his Heires.
And such Letters and Instructions to the Lord
WiUughby shall be sent or such further Graunts shall
be provided by Mr. Attorney Generall to the seuerall
Persons for enjoying what is setled by this Order as
the seuerall Persons concerned shall desire, [pp. 436-439.]
[C.S.P. 11. 482.]
[600.] Whitehall, 19 June :
Upon representation this day made to his Majestie in Jamaica.
Councill of the Condition of the Island of Turtudos by
ColoneU Doyly late Go-^ernor of Jamaica It was Ordered
that the busines of the said Island be taken into considera-
tion, when his Majesty shall send a new Governor to Jamaica.
[p. 444. II 4.]
[601.] Whitehall, 24 June :
A Minute of Letters to the seuerall Governors of Plantation
Trade
his Majesties Plantations in America, vizt
Sir William Berkeley Virginia
Philip Calvert Esqr. Maryland
Lord WUlughby of Parham Barbado's
Colonel William Watts St. Christophers
Colonel James Russell Governor of Me vis
Colonel Roger Osborne Mountserat
John Bunckley Esqr. Antegoa
Colonel William Byam Surinam
Sir Charles Littleton Jamaica
New Engla-nd
Whereas by a late Act of Parliament entituled an Act
for encouraging and encreasing of Shipping and Navigation
all forrain Trade is prohibited to any of his Majesties Plan-
tations, and all those of his Majesties Subjects that saUe
366 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
unto any of them are required to giue security to retume
with their Lading for England, Ireland, Principality of
Wales, or Towne of Berwick upon Tweed, as in the said Act
is expressed, with strict comand unto the Governors of the
said Plantations to see the same performed accordingly,
with greate penalties upon such Governors as conniue, or
neglect putting the said Act in execution, who are enjoyned
also to take Oath that the said Act be punctually observed.
Yet being informed by Masters of Ships, and others trading
to Virginia, Maryland, and other his Majesties Plantations
of many neglects or rather contempts of his Majesties Com-
mands for the true observance of the said Act (which so highly
concernes the encrease of Shipping, and the regular trade
of his Majesties Plantations, together with his Revenue that
proceeds from thence) through the dayly practises and
designes sett on foote, by trading into forrain parts from
Virginia Mariland, and other his Majesties Plantations, both
by Land and Sea aswell unto the Monados, and other Plan-
tations of the Hollanders, as unto Spaine, Venice, and
Holland, occasioned through the neglect of those Governors
in not taking a Veiw of all forrain-built Ships which come
into their Plantations, whether they haue a Certificate of
their being made free according to the Act, as also in not
duly taking Bond (before any ship be permitted to lade) that
whatever Comodities they shall take in at any of his Majesties
Plantations, the same shall be carried into some other of
his Majesties Plantations, or into England, Ireland, Wales
or Towne of Berwick upon Tweed which Bonds are to be
returned twice every yeare unto the Officers of the Custome
House in London, but hitherto it hath not been done, of
which neglect and contempt his Majestic is sensible, and
therefore doth require and command you, that for the time to
come a perfect Account be kept by you in that Plantation
of aU ships that shall loade there, and returne the names both
of the Masters and the Ships, together with true Copies of all
such Bonds as shall be taken by you there, twice in every
1663.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 367
yeare unto the Officers of the Custome House in London as
aforesaid, Which if you shall forbeare to do, upon Infor-
mation thereof, and that any Shipps freighted there shall
contrary to the Law trade into forrain parts, His Majestie
will interpret it a very greate neglect in you, for which he
is resolued to cause the Breach of the said Act to be prose-
cuted according to the tenour thereof, and discharge you
from that Imployment, It being his Pleasure that the said
Law be very strictly observed in regard it much concerneth
the Trade of this Kingdome, AU which Wee haue thought
good to lett you know, that you may not pretend ignorance,
but obserue aU such Orders as are directed by the said Act,
whereof you may not fayle as you wiU answer the Contrary
at your periU. [pp. 450-451.]
[C.S.P. 11. 500.]
[602.] WhitehaU, 1 July:
A Letter to the Sherrifs of the Countyes of Glocester, Tobacco.
Worcester, Hereford, Monmouth and Oxford.
Wee finde That . great Quantityes of Tobacco's
are still planted . to the great prejudice of his Majestys
forraine Plantations, and Custom's, and extreame hindrance
of the Navigation of this Kingdome And Wee do will
and require you to be ayding and assisting unto Mr. Thomas
De la Uall Surveyor Generall to the fEarmers of his Majestys
Custom's, and such persons as he shall thinke fitt to imploy,
in the destroying of aU such Tobacco's.* [p. 460.]
[603.] Whitehall, 31 July:
[A Memorial by the Duke of York concerning exportation Plantation
and importation of foreign coin and bullion having been
read and approved, the Attorney General is required to draw
* Mr. Delavall's commission follows, empowering him to demand
assistance from " all and every the Shereifs of the said Countyes ... as
also all Justices of Peace, Mayors, BayHffs, Constables, and all other his
Majestys officers both Civil and Military . " [p. 461 f 1.]
Similar letters to the sheriffs are sent on 20 January, 1664, by which they
are further ordered to have the proclamation publicly read at the next
Quarter Sessions. A similar letter is also directed on that date to the Bailiff
of the town of Winchcombe. [p. 684 IT 1-1
368 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
up a proclamation in pursuance thereof, and of the late Act
of Parliament on the subject,] And it is further Ordered that
a Proclamation be drawne by his Majesties said Attorney
Generall or that it be included in the former (as he shall thinke
most fitt) giving free Liberty for transportation of Horses
into any of his Majesties Plantations, Lycence or Pass port
for the same being first had, and obteyned from his Majestie
or this Board, And that no Custome be Imposed, demaunded
or received for the same. [p- 491. ]{ 2.]
[On 5 August the Attorney General's draft is approved,
and he is directed to] conferr with the ffarmers of his
Majesties Custom's about the same, and when the said
Proclamation is fully perfected, that It be prepared for his
Majesties Signature, and forthwith Printed and Published.
[p. 495. t 3.]
[604.] Whitehall, 12 August :
Carolina. His Majestie this day taking into Consideration the State
and present Condition of the Province and Region called
Carolina in America, and his Graunt of the same by his Letters
Patents vnder the Great Scale of England, To the right
Honorable the Lord High Chancellor of England, George
Duke of Albemarle, William Lord Craven, John Lord Berkeley,
Anthony Lord Ashley Chancellor of the Exchequer Sir George
Carteret Knight Vice-Chamberlain of his Majestys Household,
Sir William Berkeley, and Sir John CoUadon Knights And
vpon Information that all pretenders to former Graunts of the
said Province hauing been Summoned (according to former
Orders of this Board) to bring or send to his Majestys Attorney
GeneraU such Letters Patents, writings, or other Evidences
as they or any of them had, setting forth their pretended
Titles therevnto, yett none of them have appeared, or dis-
covered any such pretensions or Claymes. And forasmuch
as no English whatsoever have, by vertue of any such
Graunts hitherto Planted in the said Province, by which
neglect, such Letters Patents (if any were) are become voyd,
His Majestie by and with the Advice of his Councell doth
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 369
Order, And it is hereby Ordered, That his Majestys said
Attorney Generall fortwith proceed eyther by Inquisition or
by Scire facias in the revoking all former Letters Patents and
Graunts of the said Province, or any other Legal) way, whereby
to make and declare them voyde, And that from hence for-
wards, when any like Graunt of any forraine Plantation shall
be prepared to passe his Majestys Great Seale, A clause be
inserted. That if within a Certain Number of yeares, no Plan-
tation be made and performed the said Graunt shall become
voyde. And it is further Ordered, That the said Lord Chan-
cellor Duke of Albemarle and other the before-named Patentees
do proeeed in the Planting of the said Province of Carolina
and that in Order therevnto, they receive all Countenance
favour and protection from this Board, And that from hence
forwards no person or Persons whatsoever do presume to
goe into the said Province or molest or disturbe the said
Grantees or any Persons by them, or any of them trusted or
imployed, vpon pretence of any former Graunt whatsoever,
as they or any of them do tender this his Majestys Comaund,
and wiU answer the contrary at their perills.
Signed by Lord Chancellor, Lord Treasurer, Duke of
Albemarle, Earle of Berkshire, Earle of St. Albans, Earle of
Sandwich, Earle of Bathe, Earle of Middleton, Lord Bishopp
of London, Lord Wentworth, Sir Wm. Compton, Mr. Treasurer,
Mr. Secretary Morice, Mr. Secretary Bennet. [p. 511.]
[C.S.P. II. 525.]
[605.] Whitehall, 24 August :
A Proclamation concerning the Acts of Navigation, and Plantation,
encouragement of Trade being this day read at the Board,
(his Majestic present in Councell) It was Ordered, That the
same be forthwith Ingrossed and prepared for his Majesties
Royall Signature, and, with a]l speed Printed and Published.
[p. 525. last %]
[606.] Whitehall, 24 August :
The Petition of WiUiam Wood and others of London Virginia.
Merchants (with an Affidavit annexed) were this day read
24
370 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
at the Board (his Majestie present in Councell) Shewing That
they freighted the Shipp William and Marie, (Capt. William
Greene Master) for the parts beyond the seas and haveing
discharged herselfe at the Port designed, was to goe to
Virginia to load Tobacco, and by Bonds entred into, the
Petitioners were obliged to bring her and her lading to this
Port, That she tooke in at Virginia 369 hogsheads of
Tobacco, and in her Passage home within sight of England,
mett with so violent a storme that she could not possibly
recover land, and beat at Sea 14 dayes, and to preserve life
and Goods was driven into Lisbone, where vpon Search she
was found vnserviceable to bring her lading for England,
and fitt for nothing but to be broken vp, and Landed her
Tobacco there, That the Petitioners having notice thereof,
sent William Croft (the Masters Mate) over to Lisbone in the
Shipp Katherine of London (Thoma.s Hudson Master) for the
said Goods, but the quantity being greater then the Shipp
could with safety Carry, brought over onely 309 hhdds. and
left 60 hhds. (the remainder) to be brought by the Shipp
Marie and Agnes, John Nicholls Master That \pon her arrivall
at this Port of London, whether they were by Bond obliged
to bring her and her lading, she was notwithstanding seised
by some Officers of this Port, vpon pretence of breach of
the Act of Navigation, And Offering Proofe of the premisses
vpon Oath, and praying to be acquitted from the Seysure,
paying his Majestys Customes. [The petition was referred
to the Commissioners of the Customs for consideration and
report.] [p. 526. ^ 2.]
[On 28 August, on a favourable report from the Farmers
of the Customs, order is given for freeing the ship upon pay-
naent of the Customs and satisfaction of the Officers.]
[p. 535. If 1.]
[607.] WhitehaU, 24 August :
Criminala A Certificate from Sir Hugh Cartwright Knight George
transported, farewell, Henry Peck and Richard Newman Esqrs Justices
of Peace within the Liberties of Westminster being this day
1663. J ACTS OF THE PRIVY COUNCIL (COLONIAL). 371
read at the Board, Declaring, That Peter Beane Richard
Winter Thomas Hill Prisonners in the Gatehouse, and Joane
Taylor and Suzanna Meniok, who have been Comitted for
severall felonyes and Misdemeanors brought before the said
Justices and others, at the Quarter Sessions held for that
Liberty, and for want of Proofe not found Guilty of the
Crimes layd to their Charge, and remitted to Prison as sturdy
and Incorrigible Persons vntill they could finde sureties for
their good beha\iour, or for want of sureties, to be trans-
ported to some of his Majestys Plantations beyond the Seas,
according to the Law, And the said Justices signifyed that the
said severall persons, have been fowre Moneths and vpwards
in Prison, and none produced to engage for their good
behaviour, and that they are fitt persons to be transported,
and that there is a Merchant ready who would transport them.
This Board declared. That if the said Prisoners will Petition
to goe, and be transported, beyond the Seas to any of his
Majestys Plantations, they will give Order, for the dehvering of
them, to such Merchants as will transport them. [p. 526. Tj 3.]
[608.] Whitehall, 9 September :
Whereas ffrancis Warner, Richard Russell, and Richard ship
Smith did by their petition this day read at the Boord ^*'*"S'-
represent. That about ffourteene yeares since, they bought a
Scotch Ship called the Blessing, and about 22 Moneths since
furnished her out from hence to Guinney, thence to Virginia,
and so to New England, where shee tooke in Goods of that
Country, Shee was at her arrivall at this Port, by some of the
Officers of the Customes, seized as forfeited, shee being not
made free as in the Act is directed, Wherefore the Petitioners
being so long in possession of the said Ship, and being not able
by reason of her late Voyage to make her free accordiug to
the Law, they humbly pray an Order for her discharge. [The
matter is referred to the Farmers of the Customs for
examiaa.tion and report.] [p. 549- If 2.]
[On the 16th order is given for the discharge of the
Blessing on satisfaction being given to the Officers, the
372 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
Farmers of the Customs having reported that] notwith-
standing by the Law shee is absolutely forfeited, for that
there was no Certificate duly taken out of what Burthen
and Built shee was, within the time limitted for returne of
a List of all such Ships by the Officers of the Customes iato
the Exchequer yet forasmuch as by the Affidavit and Examin-
tions aforesaid that the said Shipp hath bin in their posses-
sion almost ffifteene yeares, and hath not been in England
this 22 Moneths, and were ignorant of the Law, and although
such pretences may be alleadged by others, yet Wee conceiue
the Petitioners would not haue falne into this omission
knowingly but would haue freed themselues from this trouble
in time. [p. 555. last %]
[609.] Whitehall, 16 September :
Maryland. A Letter to the Governour of Plymouth. You will per-
ceiue by the enclosed Copies of a Petition and Letter this
day humbly presented to Vs by the Lord Baltimore the reason
and justice of his Complaint, he hauing produced Witnesses
to proue unto Vs that the Ship Reserue with her Lading
whereof Captaine John Tully is Master, bound for Maryland,
was duly and legally cleered at Grauesend by the Officers of
his Majesties Customes, and that the Servants aboord the
said Ship were not (as some of them pretend) spirited away,
Vpon which pretence, it seemes you sent for them ashore,
and haue thereby much prejudiced the Adventurers, and en-
dangered the Overthrow of their voyage, which Wee looke
upon as a disservice to his Majestic and the pubhque, and an
action for which you cannot pretend sufficient Authority nor
the Towne Gierke who so officiously interposed therein, the
assertion of the Parties themselues who were concerned being
no sufficient Evidence, that they were surprised and em-
barqued against their Wills, and what proofe or Evidence
soever you had found of such an illegall Act yet you ought
to haue first acquainted the Boord with the matter before
you had presumed to discharge and sett free the persons and
so haue receiued their Orders therein to warrant your pro-
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 373
ceedings ; Wherefore Wee haue thought fitt to lett you know
That Wee highly resent these your proceedings, and do hereby
require you immediately to cause all those persons whom you
commanded the Captaine or Master to sett at Liberty to be
delivered aboord the said Ship with their Cloathes that so they
may speedily proceed in their Voyage, wherein Wee expect
you should giue him your best assistance, which may in part
expiate the ffault you haue committed, And Wee require you
hereafter to be carefuU how you act in a busines of that
nature, it being his Majesties Pleasure, and for his service to
giue aU due Encouragement to the Adventurers for the supply
of forrain Plantations. [p. 557.]
[610.] Whitehall, 2 December :
Vpon reading this day at the Boord the Draught of a Letter Newfound-
prepared by Order of this Boord of the 27th of November last,
touching the Fishing in Newfoundland, It was Ordered, That
his Grace the Duke of Albemarle, Lord Privy Scale, Lord
Chamberlaine, Earle of Sandwich, Earle of Bath, Lord Berkeley,
Lord Ashley, Mr. Vice-Chamberlain, Mr. Secretary Morice,
and Mr. Secretary Bennett, or any Three of them be a
Committee to consider of the said Letter, and to compare
the same with the Letters Patents therein mentioned. And,
that their Lordships do meet to morrow the Third instant, at
Ten of the Clock in the morning at the CouncUl Chamber in
Whitehall, at which time Mr. Clifford, and Mr. Kendall or some
other person in the said Busines concerned are Ordered to
attend their Lordships at the place aforesaid.
[p. 644. last %]
[611.] Whitehall, 4 December :
[The Council direct that Mr. Francis Moryson receive a Virginia
copy of, and return his answer to], the Petition of Henry
Earle of St. Alban, John Lord Berkeley Baron of Stratton,
Sir WiUiam Morton knight one of his Majesties Serjeants afc
Law, and his Majesties Servant John Trethewy, Assignee of
Ralph late Lord Hopton, on the behaK of themselues and their
land.
374 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1663.
Leassees, touching some part of the Colony of Virginia graunted
to them by his Majestie in the first yeare of his Reigne.
[p. 648. If 2.]
[612.] Whitehall, 4 December :
Newfound- The Letter touching the regulating of the Fishery of New-
foundland being this day read at the Boord, His Majestie
was pleased to approue thereof, And did Order that Copies
thereof be sent to the Maiors of the seuerall Townes here-
under written.
[Southampton, Weymouth and Melcombe Regis, Lyme,
Dartmouth, Plymouth, Fowey, Barnstaple.]
Whereas his most gracious Majestie by Letters under his
great Seale of England, bearing date the Six and Twentieth
day of January in the Twelfth yeare of his Reigne, hath
amongst other wholesome Laws and Constitutions for the well
guiding and governing his People in Newfoundland, and the
Seas and Creeks adjoyning, declared constituted and Ordained,
That for the encouragement of his Subjects in the said New-
foundland, and in the Seas adjoyning, and for the benefitt
of the Trade there, no Owners of Ships trading in the said
Newfoundland Fishery nor any of them, shall presume to
carry or transport, or permitt and suffer to be carried or
transported, in their or any of their Ships to the said New-
foundland, other then such as are of his or their owne or
other Ships Company, or belonging thereunto, and are upon
the said Ships Hire or Employment, or such as are to plant,
and do intend to settle there, Notwithstanding this Prohibition,
his Majestie and this Boord haue receiued Complaints from
seuerall Fishing Townes in the West of England trading to
Newfoundland, That divers Owners of Ships do presume to
violate this Law and Constitution for their owne private Ends
to the greate decay of that Trade, and lessening the number
of Ships and Seamen, the consequences of which, if not pre-
vented, will be very prejudicial! to his Majesties service to
the ruining of many Handicrafts men, whose Livelyhood and
Subsistance depends thereupon, and in fine when this present
1663.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 375
Stock of Seamen is worne out, may be a destruction of the
whole Trade for want of supplies of Mariners, who are now
yet yearely bred by the Owners of Ships, Wee do therefore
in his Majesties name hereby Order and require you the
Maiors and Magistrates in your respectiue places to be care-
fuU that the aforesaid Law and constitution be punctually
observed, and duly executed according to the Powers graunted
to you by the aforesaid Letters Patents, And Wee do also
appoint that the Officers of his Majesties Customes in
their respectiue Ports, do straitely charge all Masters of
Ships trading to Newfoundland to obserue and keepe the
said Rule. [p. 649. ^j 3.]
[C.S. p. II. 595.]
[613.] WhitehaU, 23 December :
A Letter to the Lieutenant and Officers of the Ordnance. Jamaica.
Whereas Wee are given to understand by a Report from the
Commissioners for the Affaires of Tangier to whom his
Majestie was graciously pleased to referre the Consideration
of the intended Dispatch for Jamaica That the State of
that Island doth require a present supply of Armes for
the necessary defence thereof. Wherefore Wee haue thought
fitt and accordingly do hereby will and require you to
cause
One Thousand Firelocks,
Fifty Case of PistoUs with Holsters,
Fifty Saddles with Bitts and Furniture,
Two Hogsheads of Flints ready fitted.
to be forthwith dehvered out of his Majesties Stoares to
Captaine Morgan designed for Deputy Governor of Jamaica
to be transported thither for and towards the supply of
the said Place. [p. 666. ^ 1.]
[On the 30th, the officers of the Ordnance are directed to
return to the Board with all convenient speed an estimate
of these stores.] [p. 668. T| 3.]
376 ACTS OP THE PRIVY COUNCIL (COIONIAL). [1664.
[On 27 January 1664, the following estimate is returned
and approved, order being given for payment accordingly.]
I. s. d.
Snaphance Musquets — 1000 at xviiis. each . . 900 00 00
PistoUs with Houlsters : 50 pr: at xxvs 062 00 00
Saddle with Bitts and furniture — 50 at xxs. each 050 00 00
Flints cutt for fire-Arms two hogsheads each
containing 30000—60000 at xxs. p. M. 060 00 00
For packing the said Armes and for Land and
water Carriage and other incident Charges
per estimation 040 00 00
In all the Sume of 1112 00 00
[p. 691. If 1.]
Jamaica.
New
England.
CHARLES II. VOLUME IV. (1 Feb., 1664—31 Dec, 1664.)
[614.] Whitehall, 5 February :
[On the representation of the Duke of Albemarle, 1000 pair
of bandoliers are ordered to be provided by the oiBcers of the
Ordnance for his Majesty's service in Jamaica.]
[p. 5 If l.J
[615.] Whitehall, 13 April :
[His Majesty in Council approves an estimate from the
officers of the Ordnance of 2,021Z. 12s. 9d. for the stores of
war ordered on 25 February to be dehvered to Richard Nicholls
for the plantation in New England, and orders] that the
Clerke of the Signett attending, do forthwith prepare a Bill
for his Majesties Royall Signature contayning a Privy Scale
to warrant and authorise the Lord High Treasurer of England,
the Lord Ashley Chancellor and Vnder-Treasurer of his
Majesties Exchequer to pay, or cause to be payd . . ■
the said summe. [p. 58. ^ 2.]
1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). IH?
[616.] Whitehall, 13 April:
A Letter to the High Sherifie of the County of Glocester. Tobacco.
[Whereas we are informed that much Tobacco is still grown
in and near the town of Winchcombe, it is to be at once
destroyed]. And in case you shall meete With any opposition
in the due execution hereof, Wee have given order to the
Lord Herbert Lord Lieutenant of the said County to assist
you with such Horse as shall be sufificient to enable you to
performe this service and for suppressing of any Tumult
which may happen thereupon.* [p. 56. ]| 3.]
[617.] WhitehaU, 15 April :
It was this day Ordered (his Ma3estie present in CounceU) Newfound-
That his Royal Highnesse the Duke of Yorke Lord High
Admirall of England be, and he is hereby desired to give
direction, that two of his Majesties shipps, such as his
Highnesse shall appoint, be forthwith Equipped, flitted for
sea service, and sent to New-found-Land, with such a force,
as may be able to secure the ffishing there, to dispossesse
all fforraigners of that Island, and to setle the Government
thereof, according to such Instructions as his Royall High-
nesse shall thinke fitt to give to the Commander or Com-
manders which he shall employ in that affayre.
[p. 66. TI 1.]
[618.] Whitehall, 22 April :
[In order to gain the fuU benefit and advantage of the Plantation
Navigation Act] It is this day Ordered (his Majestic present
in Councell) That the ffarmers of his Majesties Customes (at
their owne Charge) be, and hereby they are impowered, to
send one, or more Officers, by them to be chosen, deputed,
and authorised to the severall English Plantations, where
they shall thinke fitt, there to have an Inspection of, and in
the due execution of the said Act ; And thereiia to apply
* Letters follow to the Justices of the Peace of the County ordering them
to have the proclamation publicly read at the next Quarter Sessions, and to
Lord Herbert ordering him to assist the Sheriff in the manner stated.
[p. 57 HI 1-2.]
378 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664.
themselves to the respective Governors for their allowance,
advice, and care herein ; And from time to time to give advise
to the said ffarmers of their proceedings ; Provided aUwayes,
that in the execution of this Order, there be no delay of the
Merchants, or interruption of Trade, nor other proceeding not
warranted by the said Act of Parliament And the several!
and respective Governors ot all and every his Majesties said
Plantations, and their Officers and Ministers are hereby
required to give vnto such person or persons . all due
assistance and encouragement. [p. 73. ^ 2.]
[619.] Whitehall, 29 April :
Barbados. Upon reading the Petition of Humphrey Walrond Esqr.
Compla3ming of some hard measure ofEered unto him by the
Lord Willoughby of Parham, Governor of the Island of
Barbados, by dispossessing him and his sonne of their Estates ;
and Appealing to his Majestie for Justice, It was this day
Ordered (his Majestie present in Councell) That a Copy of the
said Petition be delivered to Mr. William Willoughby, Brother
to the said Lord Willoughby, and that the Petitioner and
the said Mr. Willoughby do attend this Board on firyday
the 6t of May next, at 3 in the afternoone, and the said
Mr. Willoughby is to bring with him, aU Informations which
concerne the businesse in question. [p. 80. ^ 2.]
[620.] Ibid.
West Indiea. [The Petition of Robert Samford is ordered to be sent by
one of the Secretaries of State in his next despatch to Lord
WiUoughby, who is to return his answer thereto.]
[p. 80. II 3.]
[621.] Whitehall, 6 May :
Barbados. [Mr. WUloughby and Col. Walrond appear as directed,]
and both partyes being called in and heard, and severall
writings and Escripts transmitted from the Governor and
Councell of that Island purporting the demeanour of the
said Mr. Walrond being read debated and Considered of,
1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 379
vpon the whole matter It was ordered [that copies of all the
papers be delivered to Mr. Walrond for his answer, and
that in the interim he] be Committed Prisoner to the
ffleete, for contemning the Orders of the Lord Willughby
absenting himselfe when sent for by his Lordshipp and the
Councell there, and for commeing from thence without his
Lordshipps leave. [p. 86. T| 1.]
[Warrants foUow for his arrest and detention in the Fleet
Prison.]
[622.] Whitehall, 18 May :
Vpon the humble petition of Sir Thomas Player the elder Barbados.
Sir Thomas Player the yonger. Knights, Robert Hicks and
Thomas Thomlins esqrs (this day read at the Board) Shewing,
That Ehzabeth Wilson, in her hfe time setled her Estate
vpon the Petitioners in trust for her Self and two Children
which She had by Edmund Wilson, Doctor in Physick, And
afterwards marryed with Nicholas Blake Merchant ; Who
decaying in his fortunes perswaded his wife to goe with him
to the Barbadoes, and tooke with them One Daughter ;
Since which time the said EUzabeth (the Mother) about Six
Moneths past Dyed ; leaving the said Daughter in the
Guardianshipp of the said Blake ; Who, since that, hath taken
another wife ; And for that the said Childe is there remayning
where She hath none of Her relations or kindred. And her
portion belonging to Her is heere in England, and vnder the
Care of the Petitioners, they humbly pray. That, for her
better education, and due Care of her, the said Childe may
be safely delivered unto such trusty person as the Petitioners
shall appoint to receiue Her, from thence to be brought into
England. [Orders are given for preparing a letter to Lord
Wil^oughby, requiring him to see that the petitioners' request
is granted.] [p. 95. ^ 1.]
[623.] Whitehall, 10 June :
A Letter to the Duke of Albemarle his Grace. [Whereas Tobacco.
We understand that much tobacco is stiU grown] particu-
380 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664.
larly in or neare the Townes of Eversham in the County of
Worcester, and Winchcombe in the County of Gloucester,
where the Sheriff in his Attempts to execute Our Commands
therein hath received very greate opposition, and is not able,
without more then the standing fforce of that County, to
destroy the same, We haue therefore thought fitt and do
hereby pray your Grace to give Directions That a Troope of
Horse of the Regiment under the Command of the Earle of
Oxford do march speedily to aid and assist Thomas ffownes
Esqr whom Wee have commissioned to cause the said
Tobacco to be destroyed. . . [p. 117. 1| 2.]
[A Commission follows to Thomas Fownes Surveyor General
to the Farmers of the Customs empowering him to destroy
all tobacco grown in the counties of Gloucester, Worcester,
Hereford, Monmouth, and Oxford, as being] to the greate
prejudice of the Navigation of this Kingdome, and hinderance
of his Majestys fforain Plantations and Customes, and Losse of
the Trade of that Comodity to other parts. [p. 118. ^f 1.]
[The letter to the Duke of Albemarle is repeated on 7
June, 1665.] [Vol. V. p. 165. *^ 2.]
[624.] Whitehall, 22 June :
Barbados. Whcreas William Willoughby Esqr did this day present
to the Boord, certaine Reasons of the Councill of the Bar-
bados, representing the Inconveniences which may happen
to that Island by the Execution of a Graunt under the Greate
Seale of England of the Provost Marshalls Place to ffrancis
Cradock Esqr during his Life which are thereunto annexed,
It was Ordered by his Majestie in Councill, That Captaine
Gorge who brougt the same from the Barbados, do forthwith
attend Mr. Attorney Generall with the said Reasons con-
cerning the said Office of Provost Marshall there and the
Authority claymed and executed by the present Provost
Marshall and his Deputies, And upon consideration thereof
and of Mr. Cradocks said Patent, to report to the Boord his
Opinion thereupon. [p. 133. ^ 2.]
[C.S.P. II. 759.]
1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 381
[625.] WhitehaU, 1 July:
It was this day Ordered that the Committee for the Affaires Jamaiia.
of Jamaica do meete at such time as the Lord Treasurer, and
the Chancellor of the Exchequer shall appoint, [p. 142. ^ 3.]
[626.] Whitehall, 3 August :
Upon reading a Petition of the Royal! Company &c., The Barbados,
right honourable the Lord Chancellor did undertake to write
a Letter to be sent to the Barbado's for redress of the
Complaint ; and the same to be signed by the Board.
[p. 177. t 3.1
[627.] Whitehall, 10 August :
The Petition and Remonstrance of the Gouernour, Councell Virginia,
and Burgesses of his Majestys Colonic of Uirginia (to his
Majestic) being this day read at the Board, giuing an Accompt
of their Proceedings upon his Majesties Instructions ;
Whereby they were directed, that Commissioners, on the
behalf e of the Colony of Uirginia, and the like on behalf e
of the Colonic of Mary-Land, should be nominated and
appointed to treat of the most conuenient Way of Lessening
the quantities of Tobacco, thereby to Improue that Com-
modity for the Aduantage of both the said Colonies ; Wherein
some progress was made, but could not agree upon the
Matter ; [a copy of the said petition and remonstrance is
ordered to be delivered to Lord Baltimore, who, together
with all parties concerned and also the Farmers of the Customs,
is to be heard at the Board thereupon, the first Council day
after Michaelmas day next]. [p. 181. ^ 2.]
[628.] Ibid.
The other Proposall then represented concerning the Island Tobago.
Tobago was referred to the Committee of Plantations to
consider thereof. iP- 184. ^ 2.]
[629.] Whitehall, 24 August :
Vpon the humble petition of the Company of Royall Barbados.
Aduenturers of England trading into Africa, with a Paper
382 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664.
annexed, read at the Board the Third of August instant,
Shewing, That the Petitioners haue giuen his Majestys Island
of Barbado's, a Uberall Supply of Negro-Seruants ; And
haue giuen the Planters long time of Payment for them, for
their greater Incouragement ; Who are, at this time Indebted
to the Petitioners, at least, forty thousand pounds sterling ;
And that the Petitioners finde themselues very much abused
by the tatollerable delayes of Payment amongst the most of
the Planters, against which the present Forme of Judiciary
proceedings in that Island afford no Remedy, but what is
worse then the disease. So that, unless some better Con-
stitution and Execution of Justice be suddenly established
in that Island, the Petitioners whole Stock will be exhausted,
and buryed in the hands of the Planters, and not recouerable
but at the pleasure of the Debtors ; And thereby the Growth
of the Plantations, and iust Interest of the honester Pay-
Masters is obstructed And praying Redresse herein ; [A letter
to the following effect was ordered to be sent to Lord
Willoughby] :
The inclosed Petition and Paper annexed being read to his
Majestic in Councell, Wee haue thought fitt to transmitt the
same to your Lordshipp : to the end that you may take such
Order for the speedy Administration of Justice, that they be
not forced to renew their Complaints to the King, or to this
Board ; And Wee are, upon this Occasion, willmg to putt
your Lordshipp in minde, how much his Majestie takes to
heart the Good of all those his Majesties Plantations, and
how solicitous Hee is, that all due Incouragement be giuen to
the Planters in the first Place, and to the Merchants in the
next, well knowing that, m-truth, their Interest is Joynct ;
And if due Care be not taken for both, neyther of them can
prosper. And Wee do all that is in Our power, vpon all
Occasions, to informe and require the Merchants, not to take
any Advantage of the necessity of the Planters, in setting
vnreasonable and vnconscionable Prices vpon the Com-
modities they send or carry to the Plantations, of which Wee
1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 383
haue receiued some generall Complaints ; But Wee do now
the less wonder at any of those Excesses, if in-truth the
Administration of Justice there be so delatory and uncertaine
as is represented in the Account aimexed to this Petition ;
For it cannot be expected, but if the Merchant foresees the
delayes he may undergoe, euen by the Course of Justice, in
the recouery of his Moneys for which hee parts with his
Commodities, Hee will be sure to Sell those Commodities at
such Prices as may make Him a full recompence he may
sustayne by that Want of his Money ; which is in euery mans
power to putt him, if he will breake his Word : And so they
who are punctuall and honest Pay-Masters doe, and wiU
alwayes suffer, for the ill demeanours of others, who wiU deale
unjustly : Wee do therefore earnestly recommend to you,
that you cause speedy Justice to be done to the Petitioners,
that they may receiue what is iustly due to them by their
Contracts, without further delay ; And that you seriously
enter upon such DeUberations, that these and the like
Obstructions may be remoued out of the way of Justice,
without which Traffique and Commerce cannot be main-
tayned, nor can any thinge seeme more, unreasonable to Us,
or more contrary to all Rules of Law and Equity, then that,
after a Creditor hath been forced to sue for his iust Debt, and
hath obtayned Judgement and Execution for the same, those
Goods, or Land, out of which the Debt should be satisfyed,
should still remayne in the Debtors hands, and long enough,
by ordinary Artifices, for euer to defeate the Creditor ; Wee
expect an Account from your Lordshipp in this Matter ; as
likewise a Draught of those Orders and Constitutions, which,
for the present, are setled and Agreed upon there, for the
good Gouernment of that Place, and the equall Administration
of Justice to his Majestys Subjects, to the end, that Wee
may offer the same to his Majestic, for his Royall approbation
and Assent ; without which (you know) they are not of full
force and Uertue. [p. 190. last ^.]
384 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664.
[630.1 Whitehall, 24 August:
West Indies. The Proposition of Sir Thomas Modyford, and the Report
of the Committee thereupon, is layd aside for the present ;
Onely Allowance was given him for Transporting Men from
Barbado's, for that time onely, at his Majesties Charge :
And It was Ordered, That the Committee for Jamaica do
meete, and receive an Accompt from Sir Charles Littleton of
that Place, how he found It, and how he left It. And also
that they consider the Planting of Coco-Nutts, Erecting Iron-
works there, and at Virginia, and about making Pitch and
Tarr, and whatsoever els they shall thinke fitt.
[p. 194. Tf 1.]
[631.] Whitehall, 7 September :
Servants in Upon reading this day at the Boord a Report from the
Councill of fEorraipe Plantations touching the erecting of an
Office for taking and Registring the Consents, Agreements,
and Covenants, of such Persons, as shall voluntarily go, or
be sent as Servants to any of his Majesties Plantations in
America As also a Commission appointing and Constituting
Roger Whitley Esqr to be Master of the said Office, Upon
consideration thereof [the Solicitor General is instructed to
prepare the commission accordingly]. [p. 215. ^ 1.]
[C.S.P. II. 798.]
[632.] Whitehall, 14 September :
Connecticut. Upon reading this day at the Boord the humble Petition
of William Morton of the Towne of New London in the Colony
of Connecticute in New England, touching treasonable Words
spoken by severall Persons there [a letter was ordered to be
written] to the Commissioners of New England requiring
them fully to examine the Complaints . . and to proceed
thereupon as shall be most agreeable to Justice for Vindica-
tion of his Majesties Honour.* [p. 220. ^ 4.]
• A Marginal Note says, " This was altered to a Letter, vide Session 26
Sept. 1664." The letter — dated 14 Sept. 1664 — appears under the session of
28th Bept. ^ -
1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 385
[633.] Whitehall, 14 September :
A Letter to Sir William Berkeley Governor of Virginia. Virginia.
Wee send you here enclosed a Petition with Two Affidavits
presented to this Boord by NathanieU Buckoke and William
Perkins of London Merchants, wherein they complaine that
one Nathaniel! Bacon Merchant being a Prisoner at the
Petitioners Suite under the Custody of Sir John Lenthall,
and being charged in 500^. debt, the said Bacon subtilly and
craftily, designing to defraud the Petitioners (not being in
Execution) procured Liberty to go abroad with his Keeper
from whom he made an Escape, and shipped himself for
Virgiaia, where he liues at a high Rate having an Estate of
3000Z. Sterling, And therefore they humbly prayed, That
the said Bacon might be sent for England to be remanded
to Prison, or that he giue good Security there to satisfy the
Petitioners' Debts and Dammages. [Bacon is therefore to
be arrested and good security for the debts exacted or
himself sent home in custody.] [p. 222. ^ 1.]
[634.] Ibid.
The Relation concerning the Plantations of the Island of Jamaica.
Turtudas in America being this day read at the Boord, And
likewise a Report being made by the Lord Privy Scale from
the Committee of Jamaica concerning the Advantages that
will accrue by his Majesties taking the Miscellany Plantation
on the North side of Hispariola into his Protection, It was
Ordered by his Majestic that the same be forthwith sent to
Sir Thomas Muddiford Governor of Jamaica, who is hereby
prayed and required to take the Particulars thereof into
consideration, and to weigh the Conveniencies that may arise
to his Majesties Service by setling the said Plantation and
Island under his Majesties Government of Jamaica, And if
he shall find the Bearer Captaine Abraham Langford usefull
for those Services, that he be employed therein. [If there be
occasion for expense he is authorised to charge bills hither
for a thousand pounds sterUng.] [p. 223. ]} 1.]
25
386 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664.
[635.] Whitehall, 23 September :
Jamaica. 4n Account of the State of Jamaica, prepared by Sir Charles
Littleton [is referred to the Committee for Jamaica, who
are required] to meete together, to consider of the best
waies and meanes for setling a Plantation for his Majestie
in that Island, and to finde out a Person fit to be recommended
to his Majestie as an Agent to haue the management and
oversight thereof, And likewise to consider how the Monies
requisite for carrjnng on that Worke may be procured with
most Conveniency to his Majesties Affaires, And also to
endeavour to procure some able Miners to repaire thither to
search and try the Oare of the Mountaines of that Island,
and to report their Proceedings and Opinion upon the whole
to this Boord. [p. 229. last %]
[636.] Whitehall, 5 October :
M^^Tand"*^ [With reference to the proposed restriction of tobacco
production m Vii-ginia and Maryland] It was Ordered,
That the Lord Baltimore ... as likewise Colonell
Francis Morison, Sir Henry Chichley, Edward Diggs, and
John JefEeryes Esqrs and others concerned in the Coloney
of Virginia, do speedily meete, Consider of, and fframe such
an Agreement between themselves as may best Conduce to
the benefitt of both Plantations, and to the composeing the
said difference : And if they cannot joyntly agree therevpon,
that then each party draw vp distinct Proposalls, [which
are to be discussed and reported on by the Committee for
Plantations]. [p 234. ^ 1.]
[On 16 Nov. the Virginia representatives, having
failed to come to an agreement with Lord Baltimore,
petition for a speedy hearing of their report, and are
referred to the Committee, to which the Duke of Albemarle
is then added. A copy of their propositions is also ordered
to be sent to Lord Baltimore.] [p. 293. ^ 4.]
1664.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 387
[637. J WhitehaU, 21 October :
[Order for a Bill to be drawn up containing a Privy Seal Jamaica,
authorising the Lord High Treasurer and the Chancellor of
the Exchequer to pay to Sir Thomas Modyford, Governor of
Jamaica, 1,2001. for transporting a thousand passengers to
Jamaica.] [p. jj50. f 2.]
[638.] Whitehall, 23 November :
Notwithstanding the present Embargue* [permission to Jamaica,
proceed freely — without detention or impressment of her
seamen — is granted, on the petition of Hender Molesworth,
merchant, factor for the Royal Company for Jamaica, for]
the Ship Jamaica Merchant, WiUiam Gainsford, Master, bound
for Jamaica with idle and vagabond Persons, and several
sorts of Goods whereof some are perishable — [provision being
made] that especiall Care be taken that under pretence hereof,
no more than the said Master and Eight EngHsh Seamen be
allowed to navigate the said ship. [p. 297. ^j 1.]
[639.] Whitehall, 25 November :
[The Committee of Plantations having met on the 19th Virginia and
November, report] Maryland.
1. That the Proposall touching a Cessation, Stint or
Limitation of planting Tobacco in the said Plantations is
inconvenient both to the Planters and his Majesties Customes.
2. That the Proposall for limiting a Time, for Ships to
returne from Virginia or Maryland will be prejudiciall both
to the Planters and his Majesties Customes.
3. For Encouragement of Planters in the said Colonys to
apply themselues to the planting other Comodities, which
may be of more Beneiit then Tobacco, That his Majestic would
be pleased to permit that all the Hemp, Pitch, and Tarr of
the Growth, Production and Manufacture of Virginia or
* T^iis embargo had been imposed by an Order of Council on
28 October, 1664. It was removed from all save Dutch vessel^
oji 30 November, but renewed on 16 December.
388 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1664-5.
Maryland which should be brought into this Kingdome for
the space of ifive Yeares from the date hereof might be
Custome free.
[The Council concurred in the report, and orders were issued
in accordance therewith.] [pp. 302-3.]
[C.S.P. II. 863.]
[640.] Whitehall, 7 December :
Transporta- Whereas Nicholas Lucas, Henry Feste, Henry Marshall,
Quakers. Francis Pryor, John Blendall, Jeremiah Hearne, and Samuel
Treherne, Persons Conuicted at the last Assises held at
Hertford, in the County of Hertford, and Sentenced to be
Transported to some of His Majestys Plantations in the West
Indies ; Who accordingly were putt on board the Shipp called
the Anne of London, whereof one Thomas May is Master,
who vndertooke and engaged himself for their Transportation,
Yet sett them on-shoare in or about the Downes, leaving them
at liberty to goe whither they pleased ; Which insolent
demeanour being taken into Consideration ; And it appearing
to be a Matter of Contrivance and Combination between the
said Master and the persons before-mentioned ; It was this
day Ordered (his Majestie present in Councell) That the high
Sherejf of the County of Hertford (now being) do cause the
said [persons] to be apprehended and Secured, \mtill meanes
of transporting them can be made, by some Shipping bound
vnto those parts. [p. 314. ^ 2.]
[The Officers of the Customs are also ordered to arrest
May and his vessel on his return, and to bring him before
the Council.] [p. 315.]
[C.S.P. II. 872.]
CHARLES II. VOLUME V. (2 January 1665-27 April 1666.)
[641.] Whitehall, 4 January :
Newfound- The Right Honourable the Committee of his Majesties
land.
most Honourable privy Councell appointed for the Affayres
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 389
of the Admiralty and Navy, [is ordered to] advise of the
best Course how the Newfoundland ffish may be brought
into England. [p. 9. ^ 3.]
[642.] Whitehall, 13 January :
Letter to the Governor of Virginia to give Order that all Plantation
Shipps coming from thence do associate and returne in Com-
pany for their better security. Whereas divers Merchants
and Owners of vShipps tradeing to his Majesties Plantations
in Virginia, by their humble Petition to his Majestic have
Represented, that many Vessells being gonne to Virginia with
Goods and servants, and that his Majesties great occasion for
Seamen have enforced them to sayle Undermanned, which
may endanger the losse both of Shipps and Goods, especially
if they returne singly and without Association, and should
meet with Dutch Men of Warr in the Channell, or else Where,
in their returne for England ; .... all Shipps trade-
ing unto, or wihhin the Capes of Virginia [are ordered to]
Associate and returne from thence in Company for their
mutuall assistance.
The like Letter to the Lord Willughby of Parham Governor
of the Barbado's and other the Caribee Islands :
[p. 17. H 2.]
[On 20 January a similar letter is sent to Lord Baltimore,
Lord and Proprietary of Maryland.] [p. 25. ^ 3.]
[On 20 January a letter to Sir Wm. Berkeley explains
that the words " within the Capes of Virginia " do not
authorise him to pursue the directions with reference to
Maryland, and that a separate order to the same effect
has been sent to the Proprietary of that colony.]
[p. 26. ^ 1.]
[643.] Worcester House, 29 January :
[The Lord Chief Justice, and the major part of the Criminals
Justices of the Peace for Middlesex, having examined into transported.
their lives, and found them to be] Vagabonds, idle and
390 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665.
disorderly Persons, or else sturdy Rogues and Beggars,
[any two or more of the said Justices are authorised to
transport] Robert Bowley, William Grey, Moses Biggon,
and John Otter to some of his Majesties English Planta-
tions beyond the Seas, there to be disposed in the Usual
way of Servants for the space of seven yeares.
[Two or more Justices of the Peace for the City of
Westminster in like manner to transport] William Downing
and Ellen his wife, Thomas Bradford and Margaret his wife,
William Naylor, Abraham Barron, John Osborne, Jolin
Norton, and James Partridge. [p. 32. ]f 1-2.]
[644.J WhitehaU, 8 February :
New Upon the humble Petition of Sir William Warren Knight
England. „,
Shewing, that he hath Contracted with the Principall Of&cers
and Commissioners of his Majesties Navy to supply his
Majesties Stoares with a Competent proportion of Masts from
New England, Swedland, &c., as also with three hundred
Tonns of Hemp and Cordage, and that the Petitioner hath
the said Hemp and Cordage, with three Shipps Loading of
Masts in New England, and six Shipps Loading of Masts at
Gottenburgh, . . And for as much as Shipps of length
and breadth fitt for that service are scarce to be had, he
hath bought that Shipp which was stayed with his Masts
in Holland, but now Unladen at Chatham, and intends forth-
with to send her to Gottenburgh, but must Sayle her with
Swedes, and other Strangers : And the Petitioner intends
to buy two Prize Shipps at Ports-mouth, and to ffreight such
other Vessells as he shall finde fitt for the service, and
(amongst them) one called the Three Kings of Norway, which
hath lately deUvered her Loading of Masts at Portsmouth,
and now intended for New-England, yet neither the said
Shipp, nor any other, (although for his Majesties particular
service) may be permitted to Sayle to any of his Majesties
Plantations unlesse the men be three fEowerths English;
And Praying the Licence and dispensation of this Board to
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 391
send the said Shipp the Three Kings, and such other fitt
Shipps as he shall Freight, for his Majesties Service, to New
England, Swedeland and Norway, Sayling them with such
Danes, Swedes and other Strangers Maryners mixt with
English, as he can hire, It was this day Ordered by his
Majestie in Councell [that the desired permission shall be
granted for one whole year only]. [p. 39. ^ 2.]
[645.] Whitehall, 15 February :
The Petition of severall Gentlemen, and Merchants in the Newfound-
land.
County of Devon, trading to Newfound-land, Praying Licence
to proceed in the Trade of Fishing there, as one cheife meanes
of Support and maintenance of many Poore, being read. The
consideration thereof was referred to the Comittee for the
Affayres of the Admiralty and Navy ; And It was Ordered,
That the said Comittee should meete on Friday the 17th of
this instant, to consider of, and report what they conceive
fitt to be done. [p. 49. ]} 1.]
[C.S.P. II. 936, and C.S.P. Domestic. 1664-'65. p. 203.]
[646.] Whitehall, 22 February :
The Trade of Newfoundland Fishery having beene fully Newfound-
debated, and considered of at this Board ; His Majestie
reflecting upon the present conjuncture of Affayres, this day
in Councell Declared ; And accordingly doth authorise and
require his RoyaU Highness the Duke of Yorke, Lord high
Admiral] of England, to give Licence and graunt a Passe
for One Shipp of Dartmouth onely, and no more (such as in
his Wisdome shall be thought fitt) to goe for Newfoundland
aforesaid. [p. 51. ^ 1.]
[C.S.P. 11. 936, and C.S.P. Domestic. 1664-'65. p. 213.]
[647.] Whitehall, 24 February :
[A Privy Seal to be issued for payment of 205/. 19s. ll(i. Barbados,
to the Lieutenant of the Ordnance for munitions purchased
for Barbados. Provisions for the use of the island are also
392 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665.
Barbados.
Plantation
Trade.
' ' the word
Ireland left
out in the
severall
clauses
per order
22th
instant."
to be issued to Sir John Colleton, from his Majesty's stores,
to the value of 123?. 6s. Od.] [p. 60. ^ 2.]
[648.] Whitehall, 24 February :
[The Committee for Plantations are to meet on Monday
the 27th instant, to consider the papers returned from Lord
Willoughby of Parham, and the petition of Mr. Cradock,
provost-marshall of Barbados.] [p. 61. ^ 3.]
[649.] Whitehall, 6 March :
[Paragraphs 4, 5, 6, of an Order suspending the Navigation
Act, are as follows : — ]
[Notwithstanding the Navigation Acts] It shall and may
be lawful for any English Merchants, and they are hereby
authorized freely and without Interruption to make use of,
and employ any forraine Ships or Vessells whatsoever navi-
gated by Mariners or Seamen of any Nation in Amity with
his Majestic for importing or exporting of Goods and
Comodities to or from any Port in England, Ireland or Wales,
or to or from any of his Majesties Plantations.
Provided That no Goods or Comodities whatsoever be by
them imported into any of his Majesties said Plantations, but
what shalbe without fraud laden and Shipped in England
Ireland or Wales, and thence directly carryed, and from no
other Place to his Majesties said Plantations.
Provided also That such Goods and Commodities as shall be
by them laden or taken on board at his Majesties said Plan-
tations or any of them be brought directly from thence to
some of his Majesties said Ports in England Ireland or Wales,
And all Governors and Officers of the Customes are hereby
charg'd and required strictly to obserue all Rules, Direc-
tions, and Orders for taking of Bonds or other Securities, and
exacting all fforfeitures, and Penalties by the said Acts or
either of them required or enjojoied. Save only in the Two
Clauses concerning English Ships, or English Mariners herein
before dispensed with. [p. 68. ^ 2.]
1665.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 393
[650.] WhitehaU, 8 March ;
It was this day Ordered by their Lordships That the Officers Plantation
and Farmers of his Majesties Customes do forthwith giue
notice to the Masters of all Ships lately cleared at the Custome
House, and not gone out of the River, bound to any of his
Majesties forraine Plantations to give their personall Atten-
dance on this Boord, on ffriday next the 10th of this instant
March at Three of the Clock in the Afternoone at the Councill
Chamber in Whitehall, And that in the meane time they do
not permit any Ship bound for the said Plantations to depart
out of the River without further Order.* [p. 69. ^ 4.]
[651.] Ibid.
Whereas his Majestic hath appointed severall Masters of Quakers
. . transported.
Ships to carry some of the Quakers now remaynmg m New-
gate, adjudged to be transported to his Majesties Planta-
tions according to the Liste hereunto annexed. It was this
day Ordered by his Majestie in CouncUl, That the Lord Che if
Justice of the Kings Bench do forthwith giue directions to the
Sheriffs of London to cause the respectiue Numbers of the said
Quakers adjudged to be transported, to be forthwith deliuered
on board the said seuerall ships taking a Recognizance under
the hands of the respectiue Masters for the safe Custody of
the said Quakers, and delivery of them to the Governors of
the seuerall Plantations whether they are bound.
A Liste of the Names of the Masters of Ships bound to the
Plantations, to transport Convicted Quakers
Jamaica Merchant, WiUiam Gainsford Master, bound for
Jamaica, is to carry Three Quakers.
John and Thomas, John Ceely Master, bound for the
Barbados, is to transport Six Quakers.
Amity of London, Francis Appleby Master, bound for
Mevis, is to transport Seaven Quakers.
* An embargo had again been imposed by Order of 22 February, and on
1 March a Proclamation had been read and approved forbidding foreign trade
and commerce. The embargo was taken off by an Order of 21 April. The
present order was made to give time for the putting on board of the Quakers
mentioned in H 651.
394 ACTS OF THE PRIVY COUNCIL (COLONIAL). [l665
[The Officers and Farmers of the Customs are directed to
allow these vessels to proceed as soon as they are satisfied
that each has embarked its due contingent of Quakers.
Instructions are given to the Governors of Nevis, Jamaica
and Barbados to receive the transported Quakers, and to
employ as servants in the plantation such of them as did not
defray the cost of their own transportation. All are to be
detained for a space of seven years.]
[On the 15th sixty Quakers now in Newgate adjudged to
be transported are ordered to be handed over by the Sheriff
of London to William Fudge, master of the Black Eagle of
London, a ship of about one hundred tons burden, manned
by a master, eight mariners and a boy, to be conveyed to
Jamaica, on the same conditions as in the previous order.
The usual orders are issued for freeing the vessel from
restrictions and for the reception of the Quakers by the
Governor of Jamaica.]
[Similar orders are given for the transportation of 50
Quakers to Barbados in the John and Sarah of London, a
ship of 100 tons burden, John Limbrey Master.]
[pp. 73 & 78.]
[652.] Whitehall, 19 April :
Caribbee To ffrancis Lord Willoughby of Par ham his Majesties
Islands. <= ./
Lieutenant Generall of the Caribbee Islands. After Our very
hearty comendations unto your Lordshipp upon applicatioi)
made unto this Boord by Thomas Henshaw Esquire, and the
rest of the Creditors of James late Earle of Carlisle complain-
ing that that part of the annuaU profits arising out of the
Barbadoes, and other the Carribbee Islands which was
Designed, and Ordered for the Satisfaction of the said Creditors,
by Order of Councill bearing Date the 13th of June 1663, is
wholly withheld by your Lordshipp notwithstanding the said
.Order, and that you haue not to this day paid any part of
the said profitts unto the said Agents as were appointed by
the said Creditors to receive them ; and haueing for better
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 395
information in this affaire heard Councill learned in the Law
in your Lordshipps behaKe as well as in the behalfe of the
Creditors, His Majestic alsoe being presente at the said Debate,
was pleased to giue order for our writing to your Lordshipp
to require you to giue speedy satisfaction to the said Creditors
by the full and punctuall Execution of the said Order of
Councill not doubting but you haae already made provission
for the same, out of the profits you have receiued since your
last accounts : And furthermore wee must take this occasion
to teU your Lordshipp that the accounts which you have
transmitted concerning the Revenue of the said Islands are
under particular Examination as the nature thereof doth
require And although for the present Wee say nothing
concerning the particulars of them, Yet Wee are to lett your
Lordshipp know, that Wee all concurre to think it reasonable
that the profits of the said Island being equally divided, the
Moytie appointed for the payment of the said Debts
according to the Limitation of the said Order should be freede
from all charges of Collecting, or other charges Incident to
the Gouernment there ; And because the Creditors may here-
after have their busines soe followed as they may acquiesce
in the care of them that imdertake the same ; Wee doe think
fitt to nominate as their Agent Mr. William Povey, and in
case of his Death or leaving the said Imployment Mr.
Thomas Dauies, And doe hereby giue the said William PoVey,
or in Case of his Death or leaving the imployment the said
Thomas Dauies, full power to receiue for the use of the said
Creditors such parts of the profits of the said Islands as by
virtue of the said order are or hereafter shalbee due unto
them, and in such manner and method as is prescribed in the
said order. And for the better avoyding all disputes for the
future. It is his Majesties further pleasure that the said
WiUiam Povey or . . Thomas Davis be by your Lordshipp
sworne his Majesties Comptroller for his Revenue in the said
Islands, untill his Majestie shall otherwise direct, And shall
haue full power either themselues or their Deputies to sitt
396 ACTS OF THE PMVY COUNCIL (COLONIAL). [1665.
in the Custome House, there to signe Cocquets equall with
the Searcher, to keepe Bookes of Entries of the Customes,
which Bookes shalbee compared with those kept by your
Lordshipps receiuers as often as the said Comptrollers shall
think fitt, and that the profits ariseing be diuided once a
weeke ; or as often as occasion shall require ; Provided alway
that the Sallary of the said Comptrollers be paid them by
the said Creditors untill their debt be fuUy satisfied, or untill
his Majestie shall nominate some other person to be his
Comptroller there But hereby Wee intend not that it should
be understood, that the Interest of the Earle of Marleborough
or any persons concerned therein, or the Interest of the Earle
of Kynoule should be managed by the said Agents unlesse
they are willing to approve of the same, But that they haue
power to nominate such Agent for themselues as they shall
think fitt, who is hereby authorized to act in their concernes as
effectually as either of the Agents aforenamed in the con-
cernes of the other Creditors. But whereas your Lordship
is obliged by virtue of the Kings letters Patents to pay into
his Majesties Exchequer the one Moytie of the profits
arising from the said Islands which is now otherwise to be
applyed for the satisfaction of the payments aforesaid, your
Lordshipp is therefore by virtue of this presente order
Declared to be indemnified for the non payment thereof into
his Majesties Exchequer. And soe recomending to your
Lordshipps particular care the whole composure of these
differences, wee bid your Lordshipp heartily farewell.
[p. 104. H 2.]
[653.] Whitehall, 19 April :
West Indies. Memorandum The seuerall Acts for the Barbadoes and
other the Caribee Islands were this day approued and Rati-
fyed in Councell And in regard It was since Ordered That the
Acts verbatim should be Entred in the Councell Bookes and
noe space sufficient to containe them being here left The
P Order for AUoweing and approueing the said Acts together
with the Acts att Length are hereafter enterd att large.
1665.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 397
vizt between the last of July and first of August next,
p. 228. [p. 112. last \]
Whereas his Majesty hath given powers by his Commission
unto the Governor Councell and Assembly of the Caribee Islands
to make Lawes in the said Islands Respectiuely Which Lawes
are to continue and bee in force But one year unless his Majestie
shall bee pleased to confirme the same And whereas the said
Governour Councill and respective assemblyes of the respec-
tive Islands of Antegua Mountserrate Nevis St. Christophers
and Barbadoes Haue presented unto his Majestie severall
Lawes hereunto annexed vizt two dated att Antegua the
24:th and 27th dayes of May 1664 One whereof Intituled
an Act for the repealeing of a former Act made in this Island
Concerning Porestallerj and Regraders and for giving Ihe
Inhabitants liberty to buy and sell The other^ Intituled an
Act for the settling an Impost on the comodityes of this
Islande of Antegua [and similar acts for settling the imposts
in the islands of Montserrat, Nevis, St. Christopher, and
Barbados] Which said Acts were read in Councell and referred
to a Comittee of the Board And upon readeing their Report
his Majesty with the Advice of his Privy Councell Having
Considered the said Lawes Doth enact Confirme approve and
Ratify the same Provided always That one Provisoe m the
said Act for Barbadoes in theise words vizt. Provided alsoe
That the growth and produce of the said Lands mentioned
in the precedeing Provisoe, (That is to say the lands Com-
monly called or knowne by the name of the Ten thousand
Acres The merchants Lands Granted by the late Earle of
Carlisle to Marmaduke Rowden Esquire William Perkins
Alexander Banister Edmund Foster Captaine Wheateley and
others their Associates) Bee not lyable to Taxe Impost or
Custome ; Imposed by this Act any thing in the same
seemeing to the Contrary Notwithstanding bee thereout Ex-
cepted which said Provisoe his Majesty doth not approve of
But disallow make void and absolutely null the same.
398 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665.
[All these Acts are given in full in the Eegister. The
Antigua Act for liberty to trade runs] : Whereas by
a former Act made in this Island of Antegua concerneing
forestallers and Regraders intending thereby all such as
should by Goods out of shipping and sell them againe
Or sell without Lycence any Goods whatsoever under certaine
penaltyes which being now taken into consideration And
upon debate by his Excelency and his Councell and Gentle-
men of the Assembly it appeared to bee very prejudicial!
to the Inhabitants Especially as the Condition of the Island
now stands for Remedy therefore for the future Bee it Enacted
And it is hereby enacted by his said Excellency ....
by and with the Advice of his Councell and the Gentlemen
of the Assembly Representative of the Island And by the
authority of the same that all such former Act or Acts see
made as aforesaid bee hereby repealed made void and null
And it is hereby further enacted by the Authority aforesaid
That from the time of the publication of this Act any ship
or vessell comeing to this Island the Master of the Ship haueing
been with the Governour And entred his said ship or vessell
and taken Lycence to trade That then It shall bee lawfull
for the Inhabitants of this Island Or any merchants Factors
or dealers to sell buy and Trade either for what they
bring or buy without any further Lycence Anything in this
Act or any other Act made in this Island to the Contrary In
any wise Notwithstanding.
[The passing of the Bill by the Representatives and by
the Council, both on 27 May, 1664, and the assent of the
Governor on the 30th, are attested by Charles Beavoir.]
[The Acts for settling the 4i%duty on commodities exported
are much alike for the several islands. That for Nevis will be
found hi the " Acts of Assembly Passed in the Island of Nevis
1664-1739," London 1740, pp. 1-3 : and that for Barbados
m the corresponding collection published in 1732, like that
for Nevis "by Order of the Lords Commissioners of Trade
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 399
and Plantations."* The printed laws of Montserrat and of
Antigua begin with the year 1668 and those of St. Christopher
in 1711.
The St. Christopher Law follows that for Nevis with the
insertion in the forfeiture clause of the words — " or any wayes
exported out of the English Quarters towards the French
Ground or within one hundred paces of the partage Lyne of
the two nations."
The Montserrat Act omits the particular proviso saving the
rights of the King and the Governor over lands granted or
encroachments made upon the sea between 1650 and the
appointment of a Royal Governor.
The section regarding the confirmation of titles to land is
expanded in the Antigua Act, which makes provision for
forfeiting land taken up and deserted, unless the owner lay
claim to it and bring it into cultivation within two years if
resident in Europe or one year if in the West Indies, and
furnish it with one Christian man servant for every twenty
acres of land.] [pp. 228-239.]
[C.S.P. II. 981.]
[654.] WhitehaU, 28 April :
Upon the Petition of Paul Hobson a prisoner in the Tower Carolina,
setting forth his weake and Infirme Condicon in restraint
Not likely to live unless Uberty bee given him of goeing
abroad It is this day ordered his Majesty present in Councell
that the said Paul Hobson giving in bonds with good security
of one thousand pounds to the Clerke of the Councell con-
ditioned That hee will goe on board such ship as his grace the
Duke of Albemarle shall direct for the Province of Carolina
in the West Indyes and shall not thence returne without
Licence of this Board first obtained The Lieutenant of the
Tower bee and is hereby authorised and required to
permitt him to goe on board such ship accordingly.
[P- 120. 1! 3.]
• The Barbados Act may be more conveniently found in Bryan Edwards'
"History of the West Indies."
400 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665.
[655.] Whitehall, 3 May :
Jamaica. [Fifty barrels of gunpowder are ordered to be transported
to Jamaica for his Majesty's service there.] [p. 123. ^ 3.]
[656.] Whitehall, 12 May :
Barbados. The Petition of Averina late Wife of Richard Holdopp
Esquire [is ordered to be shewn to Ferdinando Gorges
Esq. and others who are agents for Lord Willoughby of
Parham, who are required speedily to put in their answer
thereunto, that a convenient time may be appointed for
hearing the same]. [p. 137. ^ 1.]
[657.] Whitehall, 24 May :
Barbados. This Board being Informed by the Affidavits of Nicholas
Martyn and John Hoskins of certaine opprobious and
reproachfull words uttered by one called Major Jacob Withers
agaiast the Lord Willughby of Parham, [warrant is issued
for Withers' apprehension and appearance at the Board on
26 May. [p. 151.]
On 14 June he appears in custody and is remanded to
the Fleet prison till further orders.] [pp. 175 & 177.]
[658] Whitehall, 9 June :
Montserrat. Upon the humble petition of Peter ChamiUart, on behalfe
of himself e, and Guy Chamillart his Brother, Subjects to the
French King (this day read at the Board) Setting forth. That
in August 1662, the Petitioner did Lade in the Shipp the St
Peter of Gronnick in Holland (Christian Eluez then Master)
sundry Goods, in an Inventary specifyed. Consigned to be
delivered at St Christophers, to Mr. John Horst their fEaotov
there ; That in December following, the Shipp with her
Lading was seised by Robert Downham of Plymouth, and
carryed to Mount Serrat, and by Mr. Osborne, (then Governor
there) endeavoured to Condemne the said Shipp and Goods
for Prize, upon a pretended Commission from the King of
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 401
Portugall, under pretense of Warr between the said King
and the States of Holland, whereas Peace had been published,
and aU such Commissions revoked 4 moneths before. And
when his Majestie had Interdicted aU his Subjects to act
anything Upon such Commissions ; And although the said
Osborne well knew that such Prizes were not lawfuU, yet
he caused the Ladeing of the said Shipp to be deposited in the
hands of one Captain Bentley in the said Island, Who remaynes
security for the same in 5,000/. sterling. That notwith-
standing aU I he Chargeable Meanes the Petitioners have Used,
and his Majesties Letters of the 15th of May 1663 by which
it Was Ordered, that Downham should be constrayned by
Justice to do right to the Petitioners yet they could never
receive Restitution or Satisfaction ; And Praying, that the
said Osborne, Moyer Byde, (the present Governor of Mount
Serrat) and Captain Bentley with whom the said Goods were
deposited (amounting to above 120000 lbs. weight of sugar
of the firench Islands) should make restitution, or pay the
Value thereof in Sterling Money to the Petitioner being 782?.
as by the said Inventary. [The petition was ordered to be
transmitted to Lord WUloughby of Par ham with instructions
to cause justice to be done in the matter, and to report to
the Board.] [p. 172.]
[A letter with these instructions to Lord Willoughby is
appended to the Order.] [p. 173. ^ 1.]
[659.] Whitehall, 16 June :
Severall Merchants of London by their humble petition Plantation
Trade
representing, That they daylie expect the returne
of sundry Ships of great Value from Barbado's and other of
the Charybe Islands, Virginia the Streights and other Places,
who are like to fall in with the Soundings, and Lands End
in a time of imminent danger ; And there being, at present,
a great number of Dutch Capers, or private Men of Warr
attending thereabouts purposely, who are of so considerable
force, that they have lately taken several Shipps of good
402 ACTS OF THE PRIVY COUNCIL (COLONIAI.). [1665.
Burthen and Value ; and some of them from under the
Protection of One of his Majesties Ships ; And praying that
they may be secured in their Trade by a competent Guard
appointed for those Seas, [their suit is referred to the Lord
High Admiral, with instructions to detail a competent
guard]. [p. 180. ^ 3.]
[660.] Whitehall, 16 June :
Barbados. [The case of Francis Cradock's office of Provost Marshall
in Barbados is ordered to be heard on the 23rd of June.]
[p. 181. 11 2.]
[661.] Whitehall, 5 July :
Quakers [A number of convicted Quakers in the County Gaol of
ranspor e . jjgj.|;fQj,(j g^j-g ^q ^^ transported to some of his Majesty's
plantations " excepting Virginia and New England " in the
Nicholas of London, Capt. Gates, who with sixteen mariners,
is given a protection against impressment. The names are :]
Nicholas Lucas, ffrancis Pryer, Henry ffeast, Henry Marshall,
John Blindall, Samuel Treyherne, Jeremiah Heme, Robert
Crooke, Robert ffairman, Richard Thomas, John Brestbone,
Henry Stent, Lewis Lawndey, Thomas Messe, William Burr,
Thomas Burr, Robert Hart, Henry Sweeting, William Larkin,
Mary Whittenbury, Samuel WoUestone, Thomas Crawley,
Edward Parkin, John Witham, William Adams, Michael
Day, John Thorrowgood, Jeremiah Deane, John Picket,
William ffairman. [p. 200. H 1.]
[662.] Oxford, 20 October :
Navigation The humble Petition of Samuell Wilson of London Merchant
(being this day read at the Board) Shewing, That severall
Merchants of London in January 1663 ffreighted a Shipp
called the John of London (James Bonnell Master) for Malaga,
to be Laden with wines, but not finding things there according
to expectation, was necessitated to take a ffreight of wines
for New England, from Whence, after sale of the Wines, the
Shipp departed for Barbado's, and from thence to Piscatuqua
in New-England, where shee was Laden with ffish for Bilboa,
Act
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 403
and from thence to Cadiz ; In which severall Voyages the
losse amounted to about 7001., so that Upon a real] and
urgent necessity, be was inforced to sell the Shipp at Cadiz,
to Mr. Robert Wilson Merchant, then there, for the payment
of Debts and Wages, who appointed Zachary CuUen Master
of her ; And the said James BonneU (the former Master) is
now returned into England, who having been so long abroad,
and at so great a distance, knew nothing of the late Act, pro-
hibiting this manner of Trade from New-England to Malaga,
As by an Affidavit to the said Petition annexed appeared.
The Petitioner making his humble Addresse by Petition to
the Lord High Treasurer of England, for freeing of the said
Shipp and Goods, His Lordship [on 16 October, 1665,
referred the matter to the Farmers of the Customs, who on
17 October submitted the following report :] This Case
concerneth a Marchant that hath ever dealt fajTely, otherwise
wee should not be easy of beliefe that the Master could be so
long ignorant of the Act ; But it being positively sworne, wee
cannot but give credit unto it ; And Trade being so interrupted
as it is amongst Us by reason of the Contagion, that they want
Shipps to bring home their effects. Wee humbly submitt it
to your Lordshipp whether the length of the time, the ignorance
of the Master, and the present necessity of Shipping may
not induce a dispensation from your Lordship. Ni. Crisp,
J. Harrison. [All which being duly considered. His Majesty
orders that the breach of the Act of Navigation be fuUy par-
doned, and the] said Shipp with her Lading from Malaga, or
any other Port of Spain (wholy excepting the Canary
Islands) be permitted freely, and without any trouble or
molestation, to come into, and discharge her Lading in any
of his Majesties Ports of this Kingdome, the said Act of
Navigation, or anything therein contayned to the contrary
in any wise notwithstanding. [pp. 275-6.]
[663.] Oxford, 25 October :
[License is given to all merchants trading to Malaga, Plantation
Alicante, and other foreign parts to bring home their goods
404 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1665.
in foreign bottoms notwithstanding the Act of Navigation]
Provided, that no Use or Liberty hereof be made or taken
in relation to his Majesties fforraigne Plantations.
[pp. 281-2.]
[664.] Oxford, 10 November :
Jamaica. Upon reading this day at the Boord the humble Petition
of Don Juan Ximenes de Bohorques Knight of the Order of
Calatrava and a Subject of the Catholique King Complajmiag,
that 2500 Quintals of Logwood and 75 Pattachas of Spanish
Tobacco are deteyned from him by George Robinson and
others, And praying, That the said Robinson may be sent
for to answer the Petitioners demands, or that the Goods,
or Money for which they were sold may be secured in the
hands of whomsoever it shall appeare to remaine, [the petition
was referred to the Duke of Albemarle with instructions to
investigate the matter, and to report]. [p. 291. f 1.]
[C.S.P. II. 1150.]
[665.] Oxford, 11 November :
Barbados. [A warrant for the imprisonment in Oxford Castle of
Samuel Parmer] for severall high Misdemeanors by him
comitted, tending to Rebellion, and the disturbance of his
Majesties Government in some of his Plantations. [p. 291.]
On 15 November it is ordered that Parmer receive a
copy of the articles exhibited against him by Lord
Willoughby. [p. 292.]
On the 22nd he is required, before he can be discharged,
to pay his fees to Robert Gyde, Sergeant at Arms, in
whose custody he remained for fifty-one days before his
imprisonment in Oxford Castle. [p. 295.]
On 15 December he is released on his own bond of
WOOL and two sureties of 5001. each, and on undertaking
to keep the Clerk of the Council apprised of his abode in
order that he may give answer whenever summoned by the
Council. [p. 306.]
1665.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 405
On 12 Jan. 1666 the hearing of the case is fixed for the
26th, and Lord Willoughby's agents are to be notified of this.
[p. 324.]
On 23 February, the hearing of the case, not taken on
26 Jan. because of his Majesty's sudden departure from
Oxford, is fixed for 9 March, and Mr. Champante, Lord
Willoughby's agent, is again to be notified. [p. 362.]
On 2 March the hearing is postponed to the 16th, William
Willoughy having urgent occasions which prevent his
attendance on the 9th. [p. 372.]
[666.] Oxford, 11 November :
The Petition and Papers of Don Antonio de Villa Vitiosa, Jamaica.
Councellor to his Catholique Majestic, and Agent of his
Embassage to this Court, touching the Ship St. Michael and
Sancto Domingo, whereof Sebastian Crespo Subject to his
Cathohque Majestie was Owner, seized in June 1664 by an
EngUsh Ship Henry Castines Comander, by vertue of Letters
of Marque from the Lord Windsor then Governor of Jamaica,
[are ordered to be sent to Sir Thomas Modyford, Governor
of Jamaica, with instructions, if the facts are as stated, to
obtain restitution of the ship and goods, or satisfaction for
them, or if neither is possible, to report to the Board].
[p. 292. 11 1.]
[C.S.P. II. 1076.]
[667.] Ibid.
Upon reading this day at the Boord the humble Petition Jamaica.
of Don Juan Ximenes de Bohorques .... touching
his Ship Sancto Christo with her Goods and Lading of a very
considerable Value taken in October 1664 by Captaine Maurice
Williams Commander of an English ffregat called the Hope-
full Adventure, and carried to Jamaica : Which his Majestie
having taken into his Princely Consideration, and expressing
a great Desire, that Restitution and Satisfaction should be
made to the Petitioner of his said Ship and Goods, Did Order,
that the Right honourable the Lord Arlington Principall
406 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665-6.
Secretarie of State do write to Sir Thomas Modyford, [request-
ing him to obtain restitution, and, if unable, to report to
the Board]. [p- 292. Ij 2.]
[On the 22nd, it is ordered that all parties in the suit
regarding logwood and tobacco attend the Lords Com-
missioners for Prizes, who shall report to the Board.]
ip. 295. t 1.]
[On 8 December, it is ordered that since Mr. Giles Litcot
became possessed of the logwood and tobacco by virtue of a
pretended sale or other assignation made with a design to
colour them from seizure yet in trust to the only proper use
and account of Don Juan Ximenes de Bohorques, as was
confessed by Mr. Litcot, he therefore restore to Don Juan in
specie or in money to the full value received such of the goods
as were taken into his custody at London : as for the goods
which came into the custody of Sir Martin Noell, now deceased,
such as remain unsold are to be restored, and for what has
been sold (Mr. Litcot assenting to the sale), Litcot must give
or procure satisfaction, and find his own remedy at law against
NoeU's executors or those who have received the proceeds
of the sale. And as Sir Martin's papers wUI not be available
for examination owing to the contagion in his house, Don
Juan is recommended] to deale fairely and friendly with the
said Mr. Litcot . . for haueing soe faithfully discharged
himsehe, of the Trust comitted to him. [pp. 302-3.]
[On the same day Thomas NoeU and George Robinson, the
executors of Sir Martin Noell, are ordered to be discharged
from custody.] [p. 303. f 3.]
[On 10 January, 1666, on Litcot's petition, all parties in
the case are ordered to be again heard by the Commissioners
for Prizes, to whom is also referred a petition of de Bohorques
for the imprisonment of Litcot tUl he should give satisfaction,
with instructions to examine the whole matter, and to
report. [pp. 321-2.]
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 407
On 27 April, Robinson and Noell as well as de Bohoques
are ordered to attend the next morning. [p. 4j8. ^ 3.]
For the settlement of the case see ^ 676.]
[668.] Whitehall, 25 February :
Upon the humble petition of Robert Williams Master of the Barbados.
Shipp called the Barbado's Merchant (this day read at the
Board) Setting forth, That the Petitioner with his said Shipp
sayled from Barbado's the 7th of July last ; intending for the
Port of Berwick, in Order to his Contract in Barbado's, and
in Obedience to the Act of Parliament, but was prevented by
distress of weather, forced into the Isles of Orkney, and after
long wayting there, proceeding for Berwick aforesaid, was
constrayned to putt into the Harbour of Liath in Scotland,
not being able to abide in the Road ; Where his Shipp proved
Leaky ; so that for Safety of Shipp and Goods he was iaforced
to Land his Merchandize there ; where the said Shipp
remayns under repayre, as by Certificats and Declarations
doth appeare ; and Praying, that his Majesties Dutyes for the
said Goods may be paid in Scotland ; and that, upon Payment
thereof, the Petitioners Bonds given in the Barbado's may
be Cancelled, It was this day Ordered ; that the said Petition
be [referred to the Chancellor of the Exchequer to] finde out
such Expedients, that his Majesties revenew may be secured,
and the Petitioner, so farr as with Justice may consist, be
Indempnified and releived. [p. 357. ^ 1.]
[669.] Whitehall, 25 February :
Upon the humble petition of William Leaner (on behalfe New York,
of himself and Thomas de la Vail late of London Merchant)
this day read at the Board, Setting forth, That the said Thomas
De la Vail did, about twelve or fowrteen yeares since, buy severall
Shipps and Goods of the Sub-Commissioners of Prize Goods at
Douer, and hath really and truly paid for all whatever, with
an Overplus ; That he said Thomas de la Vail is actually in
408 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666.
his Majesties Service at New York in New England (formerly
called the New-Netherlands) as by a Certificate from the
Gouernour there appeared ; And that a Suit is prosecuted
against him ard the Petitioner (his Bayle) by Sir Walter
Walker, in his Majesties name ; whereby the Petitioners are
putt to great trouble and Vexation to prove the payment of
every parcell of his Money for Matters transacted so many
Years since, . . . And praying that the said Suit may
be ayther totally discharged. Or proceedings stopped untill
the returne of the said Mr. De la Vail (he having putt in his
Answer upon Oath before his departure upon the said
Imployment, and theie sett out. That he hath Overpayd for
whatsoever he bought and received upon the Accompt
aforesaid. . . . It is referred unto Sir Robert Wiseman
Knight his Majesties Advocate, and to Sir Walter Walker
Knight to examine and certify unto this Board the true state
of the Petitioners Allegations, whereupon further Directions
will be given, as shall be thought fitt. [p. 357. If 3.]
[670.] Worcester House, 6 March ;
Tobacco. A Letter to the High Sheriff of Glocester. [Despite previous
orders] Wee have lately received Information, that great
Preparations are making in the County of Glocester, much
new ground digged and broken up, and that the People there
seeme much resolued to persist in their Disobedience of plant-
ing Tobacco this yeare, to the great Prejudice of his Majesties
forraine Plantations and Customes, and Hinderance of the
Navigation of this Kingdome, [We therefore] wiU and require
you, That forthwith without any manner of Connivence or
flavour to any Person whatsoever you cause all such Tobacco
so planted set or sowne, or which shalbe planted set or sowne
within the said County of Glocester to be . . . destroyed
and also . . . . to be aiding and
assisting to Clement Dowle Esqr Collector of his Majesties
Customes in the Port of Glocester . . . . in the
destroying of Tobacco in that County. [p. 377. 1| 2.]
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 409
[Mr. Dowle's commission precedes this entry, in terms
similar to those of the warrant to Mr. Delavall (620).]
[TP. 377. H 1.]
[671.] Worcester House, 16 March :
[Samuel Farmer's answer, wherein he recriminates Lord Barbadoes
Willoughby, is heard, and a copy thereof ordered be sent to the
latter.] Upon whose Reply to the said Answer, or his Lordships
coming over into England himself in person, his Majesty will
againe take the Busines into Consideration. And in the
meane time, His Majesty being much dissatisfyed with the
Deportment and Proceedings of the said Mr. ffarmer. Did
order That he give 2,000Z. Bond with Two sufficient Sureties
to attend his Majesty in Councill, whensoever he shalbe there-
unto summoned, and not to depart this Kingdome without
Licence first obteyned from his Majesty. And that he dis-
charge the ffees due to the Serjeant of Armes and Messengers
in whose Custody he hath been. [p. 385. ^1.]
[672.] Worcester House, 30 March :
A Letter to the Lord WiUughby of Parham. Whereas the Barbados
Company of Royall Adventurers of England trading into Africa j"^a^iga
did by their Petition desire they might have Leaue to sup-
port the Bargaine they have made with Signior GriUo by
such Negros as shalbe procured by Signior GriUo himseK,
or any Agents employed by him, the better to comply with
a Contract they have made with him. His Majesty in CounciU
having taken the said Petition into Consideration, and finding
that in the present juncture of Affaires the Agreement cannot
otherwise be complyed with, Wee do in his Majesties name
pray and require you to permit all such Negros as shalbe
comprized within the numbers, that ought to be dehvered
to Signior GriUo by the said Contract, whether brought in
by Signior GriUo himself in the Ships of any Nation in
Amity with his Majesty, or by the Company into Jamaica or
Barbados, or by either of them procured upon the place, to
be reimbarked and transported from thence, paying no other
410 ACTS OP THE PRIVY COUNCIL (COLONIAL), [1666.
Duty or Custome for the same than the Petitioners are lyable
to pay for such as they have sold, and do and shall deliver
unto the said Signior Grillo, the Company sending under their
Seale a Certificate of the Number that are to be deHuered
yearly to Signior Grillo, Which Indulgence his Majesty is
pleased to graunt as a flavour to the said RoyaU Company
that they may make use of it so far forth as they shall find it
for their Interest and extend it, or withdraw it, as they shall
see occasion, they signifying from time to time their desire
to you.
The like Letter was sent to Sir Thomas Mod3^ord Governor
of Jamaica. [p. 396. ^I 2.]
[673.] Worcester House, 30 March :
Tobacco. A Letter to the Lord Herbert of Ragland Lord Lieutenant
of the County of Glocester. [Upon the execution of the order
of 6 March] the Inhabitants of Winchcombe and Cheltenham,
as Wee are informed gathering themselues together in a riotous
and tumultuous manner, did not only offer Violence but had
like to have slaine the Sheriff, Giving out, that they would
loose their Liues rather then obey the Lawes in that case
provided, [We therefore] require your Lordship to be assisting
to the said Mr. Dowle in destrojdng all the Plantations of
Tobacco within that County with such parts of the Mihtia xmder
your Lordships Command as you shall judge necessary to
reduce those Mutineers to Obedience, and to effect that Worke
which is so necessary for the Encouragement of Navigation,
the benefit of his Majesties Customes, and support of his
foraine Plantations, and Wee have Ukewise thought fit to
acquaint your Lordship that his Majesty hath given command
to his Grace the Lord GeneraU to send a Troope of Horse to
lye at Teuxbury, to be assisting if there shalbe occasion.
A Letter to the Judges of Assize for the County of Glocester.
[Hearing that] the Inhabitants of the Townes of Winchcombe,
Cheltenham, Evesham, Teuxbury, Parshall and other Places
within the County of Glocester have contrary to their Duty
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 411
made great preparations of Beds of Tobacco this yeare, and
digged and broken up many Thousand Acres of Ground to
plant the same, to the hindrance of the Navigation of this
Kingdome, Diminution of his Majesties Customes and the
prejudice of his forraine Plantations, [We] pray and require
your Lordships at the next Assizes to be held for that County
to give the said Statute against Planting Tobacco in England
in charge to the Grand Jury, That the Breach thereof may
be severely punished, and to enquire particularly after the
mutinous and riotous carriage of the Inhabitants of Winch-
combe and Cheltenham against the Sheriff of that County.
[The Justices of the Peace, who have been very remiss in
this matter, are especially charged to give it their attention.]
[pp. 396-7.]
[674.] Whitehall, 6 April :
[A letter to Lord Willoughby of Parham. The Royal African Barbado.s
Company having complained] That Captaine Nicholas Pep-
pereU Commander of the Petitioners Ship Charles having
seized in the Coast of Guinny the Ship WiUiam and Susan
trading there in contempt of his Majesties Charter, and brought
her to Barbados to be there adjudged in his Majesties High
Court of Admiralty, the said Captaine was at his Arrivall
arrested by the Owners of the said Ship in an Action of
500000 pounds of Sugar at Common Law, Whereupon the
Petitioners ffactors applyed themselues to Your Lordship
and desired that the said Action may be dismissed from the
Common Law to its proper Judicature the Admiralty, which
your Lordship refused, and sitting in the Court of Admiralty
would not take any Cognizance of the Cause there, but left
them to defend his Majesties Charter at Common Law, as by
the Petition a Copy whereof is herewith sent your Lordship
may appeare. Which his Majesty having taken into Considera-
tion, hath commanded us to signify unto your Lordship That
it is his expresse Pleasure and Command That you forth-
with dismisse the said Action and Bayle out of the Court of
Common Pleas in that Island, in which it is depending and
412 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1665-6.
transmit the whole Case and pretence of the Plaintiffs
together with aU Writings and Papers thereunto belonging to
this Boord, His Majesty intending to take Cognizance thereof
himself. [p. 402. ^ 2.]
[675.] [1.] WhitehaU, 17 February, 1665 :
Bermudas. [The Govemor and planters of the Bermudas desire that the
ammunition and habiliments of war ordered for the fortifi-
cation and security of the islands on 28 January, as well as
the passengers, may be transported without molestation or
seizure in their magazine ship, the Real Friendship of London,
Thomas Bargrave master. The Council order the particulars
of the stores to be submitted to the Customs, who are then to
grant the desired pass. On 13 March, despite the imposition
of an embargo by order of 22 February, the Real FrieTidahip
is allowed to sail to the Bermudas with 20 men and a boy.]
[p. 50. II 3 and p. 72. "jj 4.]
[2.] WhitehaU, 31 March :
Whereas Andrew Hopkins Gentleman in behalf of George
Kirke Esquire one of the Proprietors of Newfoundland, and
now there Resident, did by his Petition this day read at the
Board represent, that the Inhabitants of that Island are in
a sad Condition, by reason that they are not supplyed with
Necessaries from England as they from time to time haue
usually been. And the Petitioner being employed to bring
them Releife, hath in order thereunto victualled a small Vessell
at Barnestaple called the Willing Minde Burthen 60 Tuns or
thereabouts, but in regard to the Embarque caimot proceed
in her Voyage, [he is granted permission for the said ship
and four mariners to proceed despite the embargo].
[p. 88. t 2.]
[3.] WhitehaU, 21 AprU :
Barbados. [A pass is granted to Colonel John CoUins, "Governor of
the Burbuda " for the Daniel of London, Samuel Randall
master,] being by him freighted for Transportation, of himself
and family, with his goods and Servants, and other passengers
Newfound-
land.
1666.] ACTS or THE PRIVY COUNCIL (COLONIAL). 413
to the Barbadoes ; [he] ofEering to attend the Lord chiefe
Justice, of his Majesties Bench, and take with him such
Prisoners, as his Lordshipp shall direct, and dispose of them
in his Majesties forreigne Plantations. [p. 110. f 3.]
[4.] WhitehaU, 7 June :
[On a favourable report from the OfScers of the Customs, Plantations.
Thomas Martia, merchant, is given safe conduct] for three
Shipps to any Port in Amity with his Majesty
saving onely to any of the Plantations, or other Places
prohibited by Letters Patents. [p. 168. ^ 3.]
[5.] Oxford, 3 November :
[The Lord High Admiral is to grant the Swedish Resident Barbados.
a pass for the King David from Rochelle to Limerick with salt,
and thence to Barbados, on the conditions laid down in the
dispensation of 6 March, 1665.] [p. 285. ^ 1.]
[6.] Worcester House, 6 April, 1666:
[The towns of Plymouth, Lyme, Dartmouth, Weymouth, Wost indies.
Barnstaple, Topsham, Chester, Liverpool, HuU, and New-
castle, are allowed each of them to send one ship to the
Caribbee Islands, Jamaica, or other his Majesty's plantations,
and MiUord Haven two, as soon as his Majesty's fleet shall
be manned, notwithstanding the embargo.*]
[p. 401. TI 5.]
CHARLES II. VOLUME VI. (4 May 1666-30 Sept. 1667.)
[676.] Worcester House, 9 May :
[George Robinson and Thomas NoeU, executors of Sir Don
Martin Noell, having accorded with Don Ximenes de ooh'o^ques.''
Bohorques for a certain sum of money to be immediately
paid him, order is given for immediate payment of this sum
* TMs embargo had been imposed on 22 December 1665 {p. 311. H 1) : it
was renewed on 14 November 1666 (vi. p. 210. H 2.)
414 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1666.
in presence of Lord Arlington] ; And that vpon the said
payment the said Don Juan do give them a full Discharge
from all his pretentions to the said Wood and Tobacco which
came into the said Sir Martins hands, and that the said
Don Juan do dehver vnto the said Executors the Writing
which he received from Gyles Lytcott specifjring his said
Interest in the said Goods, and also that the said Don Juan
do assigne his said Interest over vnto the said Executors.
[V. 6. II 1.]
[677.] Whitehall, 18 May:
West Indies. [Memorandum of the renewal of the Letter of 19 April 1665
to Lord Willoughby (652)], With the alterations following vizt.
Instead of the Names of WiUiam Povey, who was therein
nominated their Agent, and in case of his death, or leaving the
"vide the Imployment Mr. Thomas Da vies to succeed in his place, Mr.
letter WiUiam Boseman is appointed Agent, and in Case of his death,
entered the or leaving the Imployment Mr. Alexander Beale. And in this
Aprill 1665." Clause, And although for the present. Wee say nothing con-
cerning the . particulars of them, yet Wee are to lett your
Lordshipp know that Wee all concurr to think it reasonable,
that the profitts of the said Islands being equally divided,
the Moyety appojoited for the payment of (these words
following vizt. (Earle of Marleborough and Earle of Kenoule
and of) were inserted by Mr. Secretary Morice with his owne
hand) the said Debts according to the hmitation of the said
Order, should be freed from all Charges of Collecting, or other
Charges incident to the Government there. All the rest of
the said Letter passed in Terminis as the former of the 19th
of Aprill. [p. 28. ^ 2.]
[678.] Whitehall, 30 May :
Tranaporta- [Warrant to the Warden of the Fleet to take into his
tion of
Quakers. custody Thomas May, master of the Anne of London, who
set on shore in the Downs severall Quakers whom he had
undertaken to transport to the Plantations.] [f. 44. \ 1.]
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 415
[679.] Whitehall, 6 June ;
[Committee for Jamaica ordered to] meete and Consider Jamaica.
of some Bills transmitted thence, to be made into Lawes,
and to then Report the same. [p. 48. ^ 2.]
[680.] Whitehall, 8 J\me :
[Cancerning the order of 30 May] Thomas May by Trausporta-
his Petition (this day read at the Board) Represents, That Quakers,
being bound to the Western-Indies, and having received
from the Gaoler of Hertford some Quakers to be transported,
arrived in the Downes, and wayting for a Winde the space of
a Moneth, had so spent his Provisions that he returned to
London to recrewt them, and in the interim his Passengers
gott on shore in such manner as in his Petition is suggested ;
And that since his late Committment, the Hatches of the
said Shipp have been broken vp, a great part of his Loading
taken out, without giveing any Accompt, or vpon what
Authority he knowes not, and praying to have Liberty (vpon
Bayle) to looke after the dehvery of the Goods in his trust
and Charge. [The petition is referred to the Lord Chief
Justice of the King's Bench, who is to give order for
May's prosecution, and for the present to release him on
bail, if he shall think fit.] [p. 48. Ij 3.]
[681.] Ibid.
Vpon reading the Petition of John Shorter of London Plantation
Trade
Merchant, Representing, That he having Contracted with
the Commissioners of his Majesties Navy, to bring from New-
England a Shipps Lading of Masts, and to deliver them into
his Majesties Stoares at Portsmouth, did send the Shipp
Orange-Tree of London (John Stubbs Master) for the same,
Which in her returne homewards with her Lading of Masts,
the 6th of Aprill last, was taken neare the Lands end by a
Dutch Privatier, and carryed as Prize into the Island of St.
Martins, where the said Master, and Nine Mariners are in a
starving Condition, each of them being allowed but one souse
416 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666.
a day, and kept close Prisoners, and exposed to much misery :
[the Council recommends the Duke of York, Lord High Admiral
of England, to take speedy and effectuall care for their relief.]
[p. 52. II 1],
[682.] Whitehall, 20 June :
Tobacco. [Letters to the Sheriffs of ' Gloucester, Warwick, Worcester,
Oxford, Monmouth, Hereford, and Brecknock, stating that
his Majesty is wearied with continuated complaints, and
cannot but observe that his clemency is abused, and the
stubborn spirits of Nonconformists improved, in that they
continue digging up new grounds for planting tobacco; and
therefore ordering aU such tobacco so planted, set, sown,
curing or cured, to be destroyed, and every assistance given
therein to Clement Dowle.]
Also Letters of Assistance to each respectiue Lord
Lieutenant of the said Counties to assist the Shereifs and the
said Clement Dowle in the Service aforesaid.
Also a Warrant directed to Francis Steuens Esqr, One of
his Majestys Serieants at Armes, to bring before this Board
John Ryland, Thomas Gray, and John Lamport insolent and
tumultuous promoters, actors and assistants in Planting,
setting, sowing, &c., of Tobacco, in those parts. [p. 62.]
[683.] Whitehall, 6 July :
Barbados. [Francis Cradock having petitioned with regard to the
Attorney General's report on Lord WiUoughby's statement of
the inconveniences that may arise from Cradock's employment
as Provost Marshal of Barbados, that] forasmuch as the
Petitioner hath been at 1,000?. expence in vindicating to
Majestys Right, and his owne Interest to the said Office, and
yet is still suspended the profits thereof, and untill this be
determined from any other Imployment, He humbly prayed
a day of Hearing may be appointed, and such Order taken
for his Releife, as shalbe thought fit. His Majesty present
in Councill did Order, That WiUiam Willughby Esqr Brother
to the said Lord WiUughby haue a Copy of the said Petition,
1666.] ACTS OF THE PRIVY COUlSrCIL (COLONIAL). 417
and with aU speed returne his Answer thereunto to this Boord,
And then his Majesty will appoint a day for hearing the
whole matter. [p. 83. ]| 3.]
On 4 Jan. 1667, Cradock's case is ordered to be heard
on the 26th, all parties concerned, especially William
Willoughby, to attend. [p. 258.]
[684.] WhitehaU, 11 July;
[On a petition from William Spence, John Cotter, and Transporta-
other sailors of the Anne representing that by reason of Quakers.
Captain May's imprisonment they are unable to recover
twenty months' wages, it is ordered that the Anne,
which has been seized on his Majesty's behaK as May's
property, be discharged, since no part of the ship belongs
to him, but] that the Judge of the Admiralty may put
in execution all legall meanes for seUing of the said ship for
payment of the Petitioners. [p. 90. T| 1.]
[685.] Whitehall, 13 August :
His Majestic taking into Consideration the present state Barbados,
and Condition of his Plantations in America, and particularly
that of the Island of Barbados, did Order, . . That
William Willughby Esqr . . do call vnto him some of
the most sufficient, able, -understanding Planters and Merchants
now Resident in and about this City of London interessed in
the stock of that Island, and joyntly with them advise and
Consider of, and propose such meanes and expedients as may
best Conduce to the present safety and preservation and future
setlement and prosperity of the said Is'and, [and report to
the Committee for Foreign Plantations]. [p. 128. ^ 1.]
[On the presentations of the report and proposals on
29 August, the Committee is directed to meet forthwith to
consider them.] [p. 142. ^ 1.]
[686.] Ibid.
[The Council refer to the Committee or to any three or st-
"• ■' Cliristopher.
more of them the] Petition of Collonell Clement Eueritt, George
27
418 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666.
Hill, George Perin, and William Sewster . . . Shewing
That the Petitioners for severaU yeares past have Inhabited
within his Majesties Island of St. Christophers, and carryed on
a Considerable Trade to, and from that Island, vntill the
taking thereof by the French, by whom they are dispoyled
of their whole Estates to the value of fforty thousand pounds,
their Familyes driven out of the Island, and left destitute of
all releife ; And praying, that his Majestie would vouchsafe to
Conferr vpon them some small Prize Shipp or ffrigott mounted
with 30 Gunns, to carry about 40tie Men, with Tackle, Apparrell,
and ffurniture fitt for a Man of Warr, and also Letters of
Reprisall against the French, &c. [p. 144. | L]
[687.] Whitehall, 21 September :
Virginia. [The Council refer to the Judge of the Admiralty a dispute
between the owners of the St. John Baptist, a Swedish ship
of 500 tons, and John Reyer, who employed her for the
owner's interest, when she had been brought to Bristol
by a mutinous crew. It is alleged that] he hath made 3 severall
Voyages to Virginia whereby the said Shipp hath deserved
above 2500Z. ... [p. 165. ^ 2.]
[688.] Whitehall, 31 October :
Barbados. Thomas Middleton Esqr by his humble petition (this day
read at the Board) setts forth. That Robert Greene, late of
the Island of Barbado's deceased, by his last Will and
Testament (amongst other things) gave to his Sonn James
Greene One hundred acres of Land next adjoyning to a place
called the Mount Plantation, in that Island, belonging to the
Petitioner ; That the said Robert Greene, by his said last
Will and Testament directed, that in case eyther of his two
Sonns should depart this hfe before his wife Ehzabeth, then
the remayning Estate should be to the Survivors, and their
heyres for ever. That both the Sonns "being dead, the right
of those 100 acres was Uested in the said Ehzabeth, being
the longest hver of the Three. That the Petitioner bought
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 419
of the said Elizabeth, Relict of the said Robert Greene, the
Inheritance of the said One huadred acres : That one Edward
Chamberlain Marryes the Rehct of George Greene, who left
two Sonns ; And Chamberlain afterwards, in right of the
Children left by George, Commenced a Suit at Common La we
in the Barbado's against the Petitioner on the Childrens
behaKe, and recovers the said Estate ; That at this Tryall,
the said Chamberlain, who marryed the rehct of George
Greene, and Guardian to his Children, being then a Member
of the Court, and on the Bench, and his owne Brother,
Foreman of the Jury, and the rest, Freinds and Creatures of
their owne procureinge ; the Jury found for the Plaintiff
Chamberlain ; many of which Jury (before Judgement)
objected against (as is UsuaU and admitted beere) but could
not be heard : this being the first precedent in that Country ;
And the Sugar Canes thereon ready to breake was worth,
at least, One thousand pounds The petitioner being aduised
by his learned CounceU in this Land, that the said Ehzabeth,
the Rehct of Robert Greene had a good Right and Title in
Law to Convey the said Land to the Petitioner, and humbly
Praying Releif therein ; [Lord Willoughby was directed to
examine the matter], And to Certify unto this Board, with
aU convenient speed, the true State thereof, together with
the Lawes and Customs of that Plantation, in this and the
like Cases. [p. 198. ^ 2.]
[689.] Whitehall, 14 November :
[The Farmers of the Customs are to hasten away all ships Plantation
Trade
outward bound and to take bond of the masters for their
return by next spring :] to the end the Seamen and Mariners
may be back against the next Spring for manning of his
Majesties ffleetes .... such Ships as are bound to
any of his Majesties Plantations to returne (Wind and
Weather permitting) with their Complement of Seamen by
the 20th of April next at furthest into some one Port of
this Kingdoms." [p. 210. ^ 1.]
420 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666.
Virginia.
Plantation
Trade.
[690.] Whitehall, 21 November :
Vpon reading this day at the Boord the humble Petition
of Robert Yate, Walter Tochnell, Wilham Merrick, Humphry
Parry, Gabriel Deane, Giles Merrick, Robert Bodenham,
Thomas EUis, John White, Wilham Downing, and Eliz :
Ahses Merchants late Owners of the Ship Alexander of
Bristoll, wherein they shew. That the said Ship was
unfortunately taken by a Dutch Caper from amongst the
rest of the Virginia ffleete about 60 Leagues to the West-
ward of Ireland in such manner as by the Narratiue annexed
thereunto is expressed, That had the rest of the ffleete
endeavoured her Recovery according to the expresse Agree-
ment of aU the Masters, she had not only been preserued,
but in all probabihty the Caper secured, And forasmuch as
by the long Resistance made by the said Ship the rest of
the fHeete were secured from Danger, and also by her Losse,
the Price of their Commodities so much advanced, as
without prejudice to them they may contribute to the
repayring the Petitioners Dammages, who otherwise wilbe
thereby inevitably ruined, They therefore humbly implored
his most sacred Majestic to consider their sad Condition
occasioned by the Dissertion of the said Fleete contrary to
Agreement, and that an Averidge may be set upon the
said Fleete for their equall concernment
[The petition was referred for examination
Dr. Jenkins, Judge of the Admiralty.]
On Dr. Jenkins' report on 12 December,
the case is fixed for 11 January.
On that date the case is referred back
in the Losse.
and report to
[f. 215. II 2.]
the hearing of
If. 244.]
to him as the
other parties have not been heard by him.
[f. 269.]
[691.] Ibid.
[A petition of several owners and commanders of ships
against the order of 14 November] That being not allowed
by the said Order any time for stay at the said Plant-
ations either for loading or unloading their Ships they
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 421
cannot returne within the time limitted, And that if any of
their Seamen should dye or hide themselues, whereby the
Master with all his Industry cannot find them to returne, the
Bond is forfeited, And therefore they humbly prayed, That
the Security for their Returne may be under the Condition
following vizt. That if the said Ships or Vessells shall not
stay in the Barbajios aforesaid aboue ffourty dayes to dis-
charge and load, and shall (Wind and Weather permitting)
and Restraint by the Kings Governors, and the Dangers of
the Seas excepted) returne into some Port of England before
the 20th of ApriU next, and that the said Master shall use
aU lawfuU waies and meanes to bring back in the said Ship
before the time aforesaid all the number of Mariners aboue
exprest, that shall be hving, and not leaue any behind
through his Default or Neglect, That then the ObHgation to
be void. [The petition is granted and orders given accord-
ingly.] [f. 216. '\ 1.]
[692.] Whitehall, 7 December :
[Despite the order of the Board of 6 AprU on the Royal Wost Indies.
African Company's petition] Lord Willughby hath refused
to Order the Judge of the Court of Common Pleas to
dismisse or send home the Bayle Bonds which were given to
the said Action by the Petitioners ff actors, which caused the
Plaintiffs to threaten the said Factors, That they or their
Heires shall suffer by them, and giue them Satisfaction.
And therefore humbly praying, That a Second Order may be
given to the Governor of the said Island, or the said Judge
not to fayle forthwith to dismisse the said Baile, and to send
the Bonds by the first Ship to this Boord. [The matter was
referred to the Committee for examination and report.]
[p. 231. Tl 1.]
[693.] Whitehall, 12 December :
[The Committee for Foreign Plantations to meet on the Committee
15th and WiUiam Willoughby to attend. The Committee are Plantations.
named : — Lords Chancellor, Treasurer, Privy Seal and
422 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666-7.
Chamberlain, Earl of Anglesey, Lords Holies, Ashley, and Arling-
ton, Mr. Vice-Chamberlain, and Mr. Secy. Morice.] [p. 235. ^1.]
[694.] Whitehall, 21 December :
Barbados. Samuell ffarmer by his humble Petition to his Majestie
this day read at the Board, Setts forth, That the Petitioner
being sent Prisoner from Barbados, and being impatient in
his attendance here (which he humbly acknowledgeth was
just from his Majestie) and being wholy deprived of the best
of Comforts this world affords (the enjoyment of his Wife and
Children) it drove him imprudently at last on that course.
Which he now heartily Repents him of, and humbly beggs
leave to invoke heaven for his Witness, that in his late
application to the Parhament he had no thoughts in the
least of reflecting on his Majestie or his CounceU, but was
onely carryed on, by an over eager pursuit, and desire of
returning to his allmost ruined ffamily ; And therefore in the
lowest humihty Imploring his RoyaU Majestie to lett his
pitty and Compassion surmount his Justice, and vouchsafe
to grant that the Petitioners former many and knowne
sufferings for his Majesties sake, may plead in excuse of (though
not justify) his fayhngs And that he may by his Majesties
permission, and with his favour, have leave to wayte on the
new Governor to Barbados (whose arrivaU there in that
quahty, as it will much rejoyce the Petitioner so he doubts
not but it will be very acceptable to the Inhabitants) and
the Petitioners constant and vnwearyed endeavours there
in his Majesties service, for the promoting of his Interest and
concernes shall be vnfeignedly imployed, with cheerefuUness
and vigour to the vttmost of his meane abiUty ; . . . .
it is Referred to WiUiam Willoughby Esqr to do therein as
he pleaseth, and if he shall thinke it fitt, he is hereby
authorised to take the said Samuel ffarmer with him when
he goeth to Barbados. [p. 245. f 1.]
[695.] WhitehaU, 4 January :
Virginia. Vpon a Representation of Francis Moryson (this day read
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 423
at the Board) Setting forth how necessary it is for his Majesties
service, and for the defence and security of his Majesties
Subjects and Colony in Virginia, That twenty great Gunns,
Culverin, Demi-Culverin and Saker, with Powder and Shott
proportionable, and one hundred Horse Armes should be
speedily sent thither [The petition was referred to the
Commissioners of the Ordnance for consideration and report.]
[Moryson also petitioned] That a Frigat may be appointed
to Sayle from hence by the middst of February next, and to
Ride in Chesepeake Bay to secure the Shipps Trading
thither [This petition was referred to the Lord High
Admu-al to do as he shall think fit.] [p. 254. ]}]{ 2 and 3.]
[On 11 January the Lord High Admiral is authorised and
desired to give orders for a frigate to sail for Chesapeake
Bay by the date mentioned.] [p. 265. 1j 1.]
[696.] Whitehall, 18 January :
All parties having been heard, it [was ordered that] Francis Barbados.
Cradock shall and may execute the Powers of his Office of
Provost Marshall GeneraU of the Island of Barbado's according
to his Patent during his Ufe ; And that the Governor of the said
Island, may (if he finde it requisite) Constitute an Annuall
Sheriffe to execute all such Powers belonging to that Office as are
not within the Patent of the Provost Marshall Generall (the same
Person not to be Sheriffe oftner then once within ffive yeares)
And if the Inhabitants of the said Island finde themselves
aggreived with any parts of the Provost Marshall GeneraUs
Patent, as it is now executed, and shall desire to purchase
Mr. Cradocks Patent, in order to vest it in the Sheriffe, That
then the said Mr. Cradock do accept reasonable compen-
sation for the same. [p. 276. ^ 2.]
[697.] Whitehall, 23 January :
A Letter to WiUiam Lord WiUoughby of Parham his West Indies.
Majesties Captain Generall of the Caribbee Islands. [Recapitu-
lating the letter of 19 April, 1665, with the additions of
Barbados.
New
England.
424 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667.
18 May, 1666, to his brother Francis, who is in all probability
cast away at sea.] [p- 281. Ust \]
[On the same date, it is ordered that a clause be inserted
in Lord Willoughby's instructions to obey all former orders
sent to his brother the late Governor] except where they
are contradictory one to the other. [p. 288. ^ 1.]
[698.] Whitehall, 23 January :
Vpon the Petition of Averina the Rehct of Robert Ban-
natine in behaHe of herseKe, and Hillyard her Sonne an
Infant, Shewing, That shee being lawfully possessed of a Plan-
tation in the Island of Barbado's called Locust-haU, together
with a Considerable Stock of Negroes, Cattle &c., therevpon to
the value of twenty thousand pounds sterUng, in September
1663, by Warrant of the Lord WiUoughby directed to the
Deputy Marshall, with Souldiers Armed, was dispossessed,
and his Lordshipp for the Consideration of two thousand
ffower hundred pounds sterhng sould the same to one Py and
his heires in ffee, granting the same vnder his Majesties Great
Scale of that Island ; which the Petitioner pretends to be the
proper Estate of her and her said Sonne Hillyard [The case
was ordered to be heard at the Board on 29th January,
Lord WiUoughby and others concerned attending].
[p. 287. H 2.]
[On the 29th, the profits of the disputed plantation
are ordered to be sequestered into some indifferent hands until
a trial be had at law, for which the Court of Exchequer is
to settle an issue and proceed to judgment between all parties
pretending interest in the plantation.] [p. 297. ^ 3.]
[699.] WhitehaU, 13 February :
Sir WiUiam Warren . . . Setting forth, That although
he hath hyred and bought vp all the longest Shipps that he
could gett, fitt to fetch home from New England, for the
Service of the Navy, the long Masts there provided ; Yet to
prevent the vast Charge that his Majestic is at in lengthening
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 425
those Masts that are brought too short, he wants One Shipp
more for that Service ; And representing, that his Majestys
Shipp the Mars, now at Portsmouth, is not onely a very fitt
shipp of Length for that purpose, but also able, in this time of
Warre to Carry Gunns for defence of her Self and the other
Shipps that shall be on the same Service with her : Which
said Shipp the Principal! Officers and Commissioners of his
Majestys Navy are Ordered to Sell ; Whereupon he the said
Sir WiUiam Warren humbly prayed that the said Shipp might
be sould forthwith to him by Treaty and Appraisment and
not to be exposed to Sale by the Candle ; [The petition is
granted, and detailed orders are given for the sale to Sir W.
Warren]. [p. 308. U 1.]
[700.] Whitehall, 15 February :
Upon the humble Petition of Edward BusheU, Rowland West Indies.
Hill and John Hill Owners of the Shipp Batchelor, whereof
WiUiam lies was late Commannder (subscribed by the said
Owners) Showing, That their said Shipps being bound from
this Port of London for his Majestys Island of Neuis in
America, and touching at his Majestys Island of Barbado's
in her Course thither, was Imprested into his Majestys Service
by the Lord Willughby late Gouernour there, to serve in the
expedition for St. Christofers : And was vnder Contract, at
a certain Monethly freight, and the Shipp apprised and valued
at a certain Summe payable by his Majestic here in England,
or out of the Revenew of his Majestys Customs there, which
were engaged for the Security and freight of the said Shipp.
That the said Shipp, in the Company of his Majestys Shipp
the Couentrye, did engage with two French Shipps of Warr,
burnt the One, and tooke the other, and Landing their Men
forced the Enemy out of their Fort, and tooke It, when
suddenly a violent Hurricane arising the said Shipp Batchelor
was cast away vpon the said Island, with the Petitioners Goods
in her, intended for the releif of Neuis. And the Petitioners
and their Factors haveing applyed themselues to the Deputy
Gouernoiu- and Councell there for satisfaction for their said
426 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667.
Shipp and freight, according to Agreement, and vnto William
Lord Willughby (lately appointed Gouernour of the Charybee
Islands) their answer is. That it is oat of their power to make
Satisfaction, without hia Majestys Order and direction ; And
prajdng that they may haue reparation for their said Shipp,
Freight and Losses, out of his Majestys Customs there
according to Agreement ; [The petition is referred to the
Lord High Treasurer and the Chancellor of the Exchequer,
who are to confer with Lord Willoughby, and settle some
means of satisfjdng the petitioners]. [p. 314. ^ 1.]
[701.] Whitehall, 15 February:
Baibados. The Owners and Commanders of the Shipps William and
John, the Brazile Frigot, the Concord, and the Exchange of
London . . . representing, That their said Shipps being
at his Majestys Islands of Barbado's vpon Merchants Imploy-
ments ; and haueing receiued on board them great Quantities
of Sugar and other Goods to be delivered in this Port of
London about the begining of September last, by Order of
the Deputy Gouernour and Councell of that Island were taken
vp ; and Imprested into his Majestys Service, and forced to
vnload and Land again all their Goods to their great Charge,
and wast and spoile of their Goods ; And afterwards were
contracted with by Commissioners authorised by the Deputy
Gouernour, and agreed to serve in those parts at a Monethly
Freight, for two Moneths certain, and so many Moneths more
as occasion should be ; And for payment whereof the said
Deputy Gouernour did engage his Majestys Customs of that
Island, in case his Majestie should not order Satisfaction in
England, referring themselues to their Contracts : In which
Service they contynued for some time, but were dismissed,
and permitted to take in their ladeing again, and to retume
for England ; [And having failed to obtain satisfaction from
the Deputy Governor and Council or from Lord Willoughby,
and seeking compensation either in Barbados or in England
by an order to the new Governor ; Such an order to cause
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 427
satisfaction and payment to be made from the customs revenue
of Barbados is now issued to William, Lord Willoughby of
Parham]. [p. 314. T| 2.]
[702.] WhitehaU, 22 February :
Benjamin Skutt and Joseph Skutt Owners of the Shipp Barbados.
Allen of Poole, Captain Josias Thomas Commander Shewing,
That the said Shipp, being vpon Merchants Trade at the Island
of Barbado's, was hyred by the Lord Willughby of Parham . .
to goe with him, as Rere-Admirall of the Fleet vnder his
Commaund in the expedition for St. Christofers. That the
Petitioners said Shipp escaped the Fury of that Storme in
which (its feared) many of that Fleet perished, and with much
difficulty recouered the Island of Neuis where, at the Peti-
tioners last intelligence from thence, she was actually in his
Majestys Service, vnder the Commaund of the Leiutenant
Generall Henry WiUughby ; And had been severaU times
engaged against the French with good success : [As Lord
WiUoughby refuses satisfaction to the petitioners without his
Majesty's order and direction, they petition for the hire of the
ship and reparation in case of her loss. It is ordered that the
petitioners be fuUy satisfied out of the customs of Barbados
according to the agreement between the late Governor and
the Captain of the ship]. [p. 3l7. 1j 3.]
[703.] WhitehaU, 1 March :
[On Lord Ashley's report the Governor of Barbados is ordered West indies,
to give satisfaction to the owners of the ship Bachelor, impressed
for service against St. Christopher and lost in a hurricane.]
[A marginal note reads : — ] It was declared in Council!
the 10th of AprUl, 1668, that the graunting Satisfaction for
Ships cast away by Tempest or by Hurricane is irregular
and not to be drawne into Precedent. [p. 325. ^ 2.]
[704.] WhitehaU, 13 March :
[Sir George Carteret, Treasurer of the Navy, is directed to West Indies,
cause 66Z. 19s., expended by Lord WiUoughby of Parham
428 ACTS OF THE PRIVY COUNCIL (COLONIAL). [l667.
in brandy and vinegar for the use of the soldiers in the fleet
now bound for Barbados,] to be paid to the said Lord
Willughby of Parham, out of the Monies Ordered by Privy
Seale to Sir Tobias Bridge for the charges of a Regiment of
fEoote raised for his Majesties Service in the said Islands, if
there shalbe so much thereof remayning in his hands, If not,
That the Principall Officers and Commissioners of his
Majestys Navy do, and they are hereby required forthwith
to signe BiUs to the Treasurer of the Navy for payment of
the said summe out of such other Monies as are remayning
in his Custody, and to allow the same upon his Account
accordingly. [p. 333. ^ 2.]
[705.] Whitehall, 20 March :
Navigation [A letter to the Duke of Ormond orders] That all Restraints
Act
upon the Exportation of Commodities of the Growth or
Manufacture of Ireland to fforraine parts be taken off,
And [requires him] by Advice of Our Privy Councill there
to pubUsh such a Proclamation declaring Our Royali Pleasure
therein, and with such Clauses as may best manifest Our
Intentions for the preservation and prosperity of that
Our Kingdome and People ; Taking Care, that nothing be
done herein for Trade to or with Our fforraine Plantations
further or otherwise then the Laws aUow. . . [p. 343.]
[706.] Whitehall, 26 April :
Barbados. [On the petition of the owners of the Robert of Bristol for
compensation for guns and ammunition to the value of
76/. 95. 6d. taken from the vessel for his Majesty's service
at Barbados, for which redress cannot be had without
his Majesty's order, satisfaction is ordered to be made to
the petitioners on their convincing the Commissioners and
Officers of the Ordnance of the truth of their allegations.]
[p. 395. f 2.]
[A like petition is presented by Lawrence Deane for five
guns and furniture equal to those impressed from the Sermnna
of Galway at Barbados, and for compensation for six months'
1667.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 429
detention of the ship there for his Majesty's service. When
outward bound, the Servanna successfully defended herself
from a French caper of 14 guns, though losing the master and
one of the crew ; but, for want of the guns, insurance on ship
and lading had to be effected for the homeward voyage. On his
satisfying the Commissioners and officers of the Ordnance
redress will be made.] [p. 396. ]| 2.]
[On 24 May, the Coimcil refer to the Commissioners and
Officers of the Ordnance a petition of WiUiam Webber mariner,
for himself and other merchants of London, for satisfaction
for guns, ammunition and materials to the value of
115Z. 17s. 6d. taken at Barbados in July last by Lord Willoughby
of Parham for his Majesty's service from the ship John and
Mary of London.] [p. 431. ^ 3.]
[707.] Whitehall, 26 April :
Sir WilKam Peake Knight Citizen and Alderman of London . . New
Representing, That the Petitioner for many yeares past hath ' "
Traded into New-England, and vended there great quantityes
of Enghsh Cloath, and other Manufactures and Commodityes
of this Nation, and being advertised by his Agents, that there
is a great want of Gunnpowder, aswell for the defence of that
Plantation, as for kilUng their necessary Provisions, which by
experience is found to be more advantagious with Gunns then
by the Bow, as formerly hath been vsed ; And the Petitioner
having a Considerable ifreight of Goods ready to be sent
thither. Praying Lycence to transport ffifty Barrells of
Gunn-Powder for the present vse and benefitt of the said
Plantation : [Ucence was granted]. [p. 397. ^ 3.]
[708.] Whitehall, 8 May :
[Monsieur Gravier's memorial for the release of French West Indies
prisoners having been read, he is required to wait on] the Lord
Arhngton, PrincipaU Secretary of State, who is hereby
authorised to Complement him with the release of the
Prisoners who came from Barbados. [p. 412. ^ 1.]
[C.S.P. II. 1478.]
430 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667.
Plantation
Trade.
Tobacco.
Navigation
Acts.
Tobacco.
[709.] Whitehall, 8 May :
[The Order of 14- November ^ 1666] is vacated, and the
Officers and ffarmers of his Majesties Customs are required
to give directions to their Officers and Ministers, that from
hence forward they forbeare to take security of any Masters
of Shipps tradeing out of any of his Majesties Ports of this
Kingdome who shall have authenticall Passes from his said
RoyaU Highness to Trade to any of his Majesties Plantations,
or other fforraigne parts, but permitt them freely to proceed
on their respective voyages and Imployments the said Order
of the 14th of November, or any other to the contrary
notwithstanding. [p. 412. f 2.]
[710.] Whitehall, 24 July :
[Letters to the Sheriffs and Justices of the Peace of
Gloucester, Worcester, Hereford, Monmouth, York and Essex,
ordering them to destroy tobacco growing or grown, and] to
returne an Account in writing to this Boord of the names of
all such Persons in whose Grounds they shall find the said
Tobacco to be planted or sowne, or in whose Houses the same
is kept to be cured or saued, together with the quantity of
Ground so employed, and Tobacco cured, to the end the
Offenders may be proceeded against by such Exemplary
Punishment as their Offences shall deserue. [p. 507. ^ 1.]
[711.] Whitehall, 9 August :
[Whereas his Majesty did by an order of the Board of
22 March 1665 dispense for the time with certain clauses of
the Acts of Navigation,* and also promise to give at least
six months' notice before they again came into force, the
Attorney General is ordered to draft a proclamation revoking
the said order.] [P- 524. 1| 1.]
[712.] Whitehall, 14 August :
[The order lately issued for the destruction of Enghsh
tobacco having been sent by Job Dowle, from Mr. Isaac
* See entry under 6 March 1665. [649.]
1667] ACTS OP THE PRIVY COUNCIL (COLONIAL). 431
Morgan, was] delivered to Mr. Gorge and John Chamberlayne
Esqr Justices of Peace of the said County [Gloucester], who
delayed and made difficulty to obey the said Order. [They
are therefore ordered to attend the Board on 28 August
to explain their conduct.] [p. 527. ^1.]
[On 30 August Chamberlayne's case is postponed to 13
September. [p. 552. ^j 1.]
On 6 September on his submitting a written explanation
it is postponed indefinitely.] [p. 563. ]| 2.]
[713.] Whitehall, 14 August:
[The SheriflE and Justices of the Peace of Gloucester having Tobacco,
been very neghgent in performance of their duty in destroying
English tobacco, Mr. SoMcitor General is ordered to consider
by what due and warrantable means and expedients its
growth, buying and seUing may be restricted, and to prepare
a proclamation accordingly.] [p. 528. ^ 1.]
[All Sheriffs, Deputy Lieutenants and all other his
Majesty's officers and subjects are ordered to assist the
commander of the troops which have been sent to destroy
Enghsh-grown tobacco.] [p. 528. ^ 2.]
[The Sheriff of Gloucester having been very neghgent in
executing the orders sent him, is required], all Excuses sett
apart, to be personaly assisting to the commander of the
said troopes, with such part of the Posse Commitatus as shall
be found necessary. [p. 528. ^ 3.]
[The Judges of Assize of Gloucester are again ordered to charge
the Grand Jury with the execution of the statute against
Enghsh tobacco and of the Navigation Act.] [p. 529. T| 1.]
[714.] WhitehaU, 16 August :
Phihpp Robinson of Much Maplested in the County of Tobacco.
Esex [having] Planted Tobacco in that Toune .
and .... the Constable of Maplested aforesaid
[having] neglected his Duty in causeing the said Tobacco to
be destroyed, [they are therefore ordered to attend the
Board on 23 August]. [p. 530. ^ 3.]
432 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1667.
[On 23 August, Robinson, pleading ignorance of the Act
against planting tobacco in England, is discharged on con-
dition of giving to the Farmers of the Customs 500L security
to cause the said tobacco to be totally destroyed within one
week [p. 539]. On 4 September, the Farmers of the Customs
being fully satisfied that the tobacco was totally destroyed,
they are ordered to dehver up to him his bond, and he is
discharged from further attendance, [p. 561.] On 6 September
the Farmers who had wished to keep the bond for his
future good behaviour and had put in a claim for their
charges, are ordered to return the Bond at once,] admonishing
him from henceforth not to Plant, or suffer any Tobacco
to be Planted on his Land at his Uttmost perill. [p. 563. ^ 1.]
[On 15 November, he petitions that the Farmers stiU detain
his bond and are bringing an action against him for the
forfeitures mentioned in the Act of Parhament. The matter
is referred to the Commissioners of the Treasury.]
[VII. p. 58. 11 3.]
[715.] Whitehall, 16 August :
Tobacco. [A warrant to Sergeant Harsenet. John Vaughan, Esqr.
High Sheriff of Hereford having slighted and refused to
receive the order of the Board tendered him by Clement Dowle,
is to be taken into custody and brought before the Board.]
[p. 532. 1j 2.]
[On 28 August the Sheriff appears before the Board
[p. 547 If 1.]. On 30 August he again appears and is
discharged from custody on promising to conform for the
future.] [p. 550. H 2.]
[716.] Whitehall, 28 August :
Newfound- Whereas sundry Petitions were this day presented and
'*"'*■ read at the Board (his Majestic present in Councill) Subscribed
by many Merchants, Owners of Shipps, and other Inhabitants
of the Townes of Totnes, Plymouth, Dartmouth, and Places
adjacent in the Westerne parts of England, Tradeing to
Newfound-Land, Representing, That the carrying on of that
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 433
vsefuU ffishing Trade tends greatly to the Increase of Mariners
and Shipping, and augmentation of his Majesties Customs ;
Yet severall Persons vnder specious pretences of Regulating
that Trade, but intending ther owne sinister ends, have
endeavoured to estabhsh a Governour, which hath heretofore
proved very pernitious to the said Trade , And the Petitioners
being Informed that the hke endeavours are now setting on
ffoote without their Consent or knowledge ; And that the
Petitioners sufferings and losses of late have been very
great, they are disabled to attend, and beare the Charges of
SoUicitation, and sending Witnesses at so great a distance
to evidence the many Inconveniencies they have already
Laboured vnder, and the impossibility that any advantage
should accrew to his Majestie, or any Improvement to the
ffishing Trade by such an Vseless and insupportable Charge
of a Governour there ; And Praying his Majestie would be
gratiously pleased to Impower such Persons of the County
of Devon as his Majestie should thinke fitt, to heare and
examine the whole matter, and make Report vnto his
Majestie and this Board ... Sir Edward Seymour,
Sir John Northcott, Sir Wilham Courtnay, Sir Thomas Carew,
and Sir Walter Yong Baronetts John Fowell, Thomas Reynell,
Richard Cabell, Thomas Boone, John Hale, and Gilbert
Eveleigh Esqrs . . . are Constituted and appointed by
this Board to Examine Matters of ffact concerning the Mis-
carriages of former Governours of New-found-Land to the
dammage of the Trade of that Place. [These, or any four
of them, being Justices of the Peace are empowered to take
depositions on oath, whch are to be forwarded under their
seals to the Board, to which the petitioners are also to
transmit reasons in support of their allegations that order
may be given for the good of the trade.] [p. 547. ^ 3.]
[C.S.P. II. 1561. IT.]
[717.] Whitehall, 30 August :
[The Committee, to which Sir William Coventry and Committee
for Foreign
Sir John Buncombe are added, is directed to meet] to Morrow Plantations.
Sir John
Harman's
434 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667.
Morning . . to advise and Consider what may be fitt
to propose to his Majestie about the rendition of Places in
America, with their Opinion what their Lordshipps shall
conceive necessary for his Majestie to doe therein, and what
Orders and Dispatches shall be thought fitt to be sent to the
Plantations in those parts, and to whom they shall be
directed. [p. 551. ^ 2 and p. 554. ^ I.J
[718.] WhitehaU, 11 September :
[The Duke of York is ordered to] send speedy Order to
fleet. Sir John Harman, That he be permitted to receive Merchants
Goods, the ffreight thereof to be for the Kings Accompt into
those 12 or 13 vessells vnder his Command in America,
assuring the Captaines of the said severall Shipps that they
shall have a third part of the profit thereof ; Provided that
no Goods be stowed between Decks, nor the Shipps hereby
rendred vnfitt for service, nor that they delay their voyage
home in expectation of ffreight, least thereby the expence of
Victualls and Wages exceed the profitt to his Majestie, and
further, what Prizes he hath taken which were outward bound
that he make sale of them there, but those that were home-
wards bound that he bring them with him to be sold here.
[p. 568. T[ 2.]
[C.S.P. IT. 1573.]
[719.] 'Whitehall, 23 September :
Navigation [The Attorney General is ordered to prepare a draught of a
proclamation revoking the Order of 25 Oct. 1665 for importing
and exporting goods in foreign bottoms and all other orders
issued during the late war not in accordance with the
Acts of Navigation.] [p- 594. ^ 2.]
[720.] Whitehall, 23 September :
Councils of [The Committee are directed to consider] the Commission
Trade and of .
riantations. and Instructions directed to the Councill of Trade, as also the
reviving the said Comission of Trade, and Addition of some
others vnto them, and the vniting of the Councill of Plan-
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 435
tations with the other ; And that their Lordshipps do meete
about this Business on Wednesday next in the afternoone, To
which purpose George Duke Esqr Secretary to the CounciU
of Trade, and Sir Philip Froud Secretary to the Commis-
sioners for fiforraine Plantations are required then to give their
attendance, and to bring with them all such Commissions,
Instructions and Papers as may best Informe their Lordshipps
in their Proceedings. [p. 594. ^ 3.]
[721.] Whitehall, 23 September :
FThe Lord High Admiral is desired to orderl Sir John Sir John
° _ Harman s
Harman to leave fifoure or ffive of his Majesties Shipps of fleet.
Warr vnder his Command, and that the rest be sent home for
England, and that three Moneths Victualls be sent for those
Shipps which he shall retayue ; with especiall direction to the
Victualler of his Majesties Navy to take great Care to provide
good and wholesome Victualls for the Shipps aforesaid
[p. 594. Tl 4.]
On 30 October it is ordered that the 4 or 5 ships to
remain in American waters are to follow directions given by
Lord WiUoughby of Parham. [VII. p. 39. ^ 1.]
[722.] Whitehall, 27 September :
Vpon reading the humble Petition of Thomas Mountfort, Plantation
and Edward Richardson Merchants, Setting forth. That on
the 28th of January last the Petitioners did agree with
Lancelot Anderson of Hull Mariner for the Shipp the Adventure
of Hull to Sayle from Kinsale to Mary Land, there to take
in Tobacco, and returne via recta to Ireland, and there dis-
charge and dehver her Lading ; That in her returne with the
Virginia ffleet to the Lands-end, shee was Chaced by a Dutch
man of Warr above Londy, and forced into King-roade neare
BristoU for safe guard, where the said Shipp and Goods are
detayned by Order of the ffarmers of his Majesties Customes,
vnder pretence, that the said Shipp had not brought Cer-
tificate from the Governour of Mary Land of her entring into
bond there for Clearing, Landing, and Dischargeing her said
436 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1666-7.
Ladeing of Tobacco in some of his Majesties Dominions, and
vpon other Causes in the said Petition specifyed. [A copy
of the petition is directed to be sent to the Farmers of the
Customs who are required speedily to return to the Board
their answer thereto.] [p. 606. *[| 2.]
Ship Passes. [723.]
[].] Whitehall, 16 May, 1666:
[License to John Martin and company, merchants of Ply-
mouth, to transport from Galway to Barbados in the St. Peter
of Plymouth, (30 men and 16 guns), 2000 barrels of beef,
which have lain a long time and will be impaired and
utterly perish if not speedily despatched.] [p. 17. ^ I.]
Barbados.
Barbados.
Barbados.
Surinam.
[2.] Whitehall, 18 May :
[On the petition of Wilham Orchard and company, mer-
chants of Poole, a pass is granted for the Diligence of Poole,
Thomas Younge master with 10 Enghsh mariners, to go to
Barbados for the petitioner's effects which are in a perishing
condition there, and cannot otherwise be brought to Poole.]
[p. 25. t 2.]
[3.] Whitehall, 25 May :
[The Lord High Admiral to grant a pass for the Prosperous
of Sunderland, 100 tons, John Cullen master with 10 English
mariners, to go to Barbados in the interest of John Lettene
and company of Sunderland.] [p. 41. ^ 1.]
[4.] Whitehall, 30 May :
[Similar license for the Providence of Southampton, 80
tons, with 9 Enghsh mariners, to go to the plantations in the
interest of Matthew Reeves and company.] [p. 43. ^ 2,]
[5.] Whitehall, 28 November :
[Robert Shorten mariner and George Keck merchant peti-
tioning for permission for the pink Partnership of 70 tons with
8 men and a boy to sail with goods to Surinam, and tp h^ve
1666.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 437
twenty days more allowed them despite the Order for giving
bond to return by 20th April, which would disable them
from proceeding as the inhabitants there hve at great
distances and could not lade their goods in time, their desire
is granted in view of the urgent necessities of the plantation
and the small number of the crew.] [p. 220. ^ 2.]
[6.] WhitehaU, 5 December :
[On the petition of Gawen Corbin and company, showing Virginia.
that they built the Virginia Berkeley of about 80 tons in Vir-
ginia], and sent her over hither on purpose to haue her made
fitter for Service, and to returne thither againe Avith Com-
modities and Necessarys for building and beautifying a Church
there, which are accordingly provided by the Petitioners,
But finding, that by Order of this Boord, no Ship can go
forth without a Passe, and entring into Bond to returne againe
by a certaine time therein prefixed, And forasmuch as the said
Ship is to remaine in Virginia from whence shee came, and her
master and Saylers are of that Country and fitted for that
Service, the Petitioners humbly prayed a Passe for the said
Ship John Watson Master and Ten Mariners for Virginia, and
that they may be freed from entring into Bond. [The Petition
is granted on their convincing the Farmers of the Customs
of the truth of its contents.] [p. 229. ^ 1.]
[7.] WhitehaU, 7 December :
[On the petition of Matthew Page, planter in Virginia, a Virginia,
pass is granted for the Pelican of Virginia, 45 tons with 5
mariners, to sail to Virginia with wearing apparel and other
goods.] [p. 233. 1[ 4.]
[8.] Ibid.
[License is granted to WilHam Wood and other London Barbados.
merchants interested in some plantations in Barbados to
transport thither in their ship Rebecca ten geldings of the
value of 11. or Si. each, for making sugar.] {p. 235. ^ 3.]
4S8 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1666-7.
[9.] Whitehall, 21 December :
Newfound- [License is granted to William Bruen merchant of Exeter
land. ^Q ggj^jj ^.jjg Reformation, WiUiam Toyer master with 8 men
and a boy, to Newfoundland for a considerable quantity of
fish which he has there.] [p. 243. ^ 1.1
[10.] Whitehall, 4 January, 1667 :
Newfound- Ambrose Mudd of Dartmouth Merchant, by his humble
Petition setts forth, That upon Lycence obtayned, he the last
yeare Laded for Newfound-Land, the Shipp Vnity of Dart-
mouth, Mark Bickford Master with thirty men with necessary
Provisions for that place, and with Orders and Instructions
to fortify the Harbour of St. Jones in the best manner he could
for their owne, and the Inhabitants safety ; And also to
build three Forts, and an House to such ffort at St. Jones
aforesaid, and to furnish them with severall Peices of Ord-
nance and Ammunition for their better security ; All which
was performed at the sole Charge of the Petitioner That the
Petitioner hath a great Quantity of Tra3aie-0yle, Fish, and
Salt remayning at St. Jones, and the said Place, the fforts,
and Inhabitants there, without additionall meanes of better
ffortification, subsistence, and releife of the said Inhabitants
lye open to great dangers and extremityes. And praying
Lycence for the Shipp Vnity (Mark Bickford Master) with
ffourteen Men and a Boy to proceed in their intended Voyage
to Newfound Land, to carry Provisions, and other necessaryes
for releife of his Majesties Subjects at St. Jones, and to take
and carry away about six Peice of Ordnance which lys at
fferry-Land vnmounted, vnto St. Jones aforesaid ; And that
some such proportion of Ammunition, and ffire-locks for better
fortification of that place, may be transported thither as shall
be thought fitt. [The petition is referred to the Duke of
Albemarle and Sir Thomas Chfford, who are desired and
authorised to send for Sir John Colleton Knight and to hear
all persons interested in the business, and to report to the
Board.] [p. 257. last IJ.]
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 439
[On 16 January a pass is granted in accordance with their
report, security being given to return by the end of May.]
[p. 266. ^ 1.]
[11.] Whitehall, 11 January:
[On a memorial from Lord Willoughby of Parham, a pass- Barbados,
port is ordered for three advice boats with a master, seven
men and a boy in each, to sail to Barbados. Merchant ships
in the River and in the Downs bound for Barbados are not
to sail without the appointed convoy, the East India Merchant.]
[p. .268. II 2.]
[12. J Whitehall, 25 January :
[The Royal African Company representing that they] have Barbados,
great quantityes of Sugars lying at Barbado's perishing for
want of Caske to fetch them home, to their exceeding great
losse and dammage, and having a small parcell of Pipestaves
for that purpose (not exceeding seven thousand flfive hundred)
now ready to be sent aboard a Shipp (Ijang in the Downes)
that should carry them to the said Island, and onely waytes
for an opportunity of a faire winde, which cannot be Cleared
in the Custome-house by reason of an Order of this Board
Prohibiting the Exportation of that Commodity, and Praying
Lycence to Transport the same. [Their Petition was granted.]
[p. 289.]
[13.] Ibid.
Samuell Scarlett . . . with his Shipp the Adventure jje.;^
being Imployed by the Governor and Coloney of Plymouth England.
in New-England hither to fetch Ammunition, for the necessary
supply, defence and safety of that Plantation, having Letters
directed to his Majestie in that behalfe, but the same, together
with his said Shipp being cast away by distresse of Weather,
he saved his hfe by swimming ; And Prajdng Lycence to buy
Ammunition, and Protection for a Vessell to Transport it
to New-England . . . he is hereby Lycenced and per-
mitted to buy thirty BarreUs of Powder with BuUett and
Shott proportionable, and one Tunn of Match, [and granted
Nevis.
Canlina.
Surinam.
New York.
440 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667-
a passport and protection for a ship of 50 to 100 tons to
carry these stores to Plymouth in New England]. [p. 292.]
[14.] Whitehall, 15 February :
[John Knights and Shershaw Gary, merchants of Bristol,
representing the distress of the island of Nevis for want of
provisions and clothing, and offering to furnish the inhabitants,
having the pink John of Bristol ready laden for that place,
" if the Island contynue under his Majestys Gouernment, and
not so straitly besieged that they cannot gett to It," the
Lord High. Admiral is authorised to grant a pass for the
vessel, Robert Hauskins master and six seamen.]
[p. 313. If 3.]
[15.] Whitehall, 22 February :
[License to Captain Anthony Langston to go with the ship
Elizabeth and 25 mariners to Carohna to fetch cypress masts
for his Majesty's service.] [p. 318. ^ 2.]
[16.] Whitehall, 27 March :
[On the petition of Robert Fen, commander of the
Catherine on behaK of himself and the owners, representing]
That out of a Respect as weU to His Majestys Service, as their
Relations in the Plantation of Surinam, they are willing to
set forth the abouementioned Ship, Burthen 150 Tons with
14 Guns and therein to transport thither upon their owne
Account 20 Barrells of Powder, 300 ffirelocks. Clothing for
500 Men, with good store of other necessary Provisions
which by the reason of the Warr, and obstruction of Com-
merce and Trade, the Inhabitants there stand in great need
of, to their great Discomfort, and extreame Hazard of their
Estates and Liues, the last Ship that was set forth for their
Supply being taken by the Dutch, [hcense was granted for
the Catherine to sail with twenty men]. [p. 354. % 2.]
[17.] WhitehaU, 12 April:
Upon the Motion of the right honourable the Lord Berkeley,
[there is granted] a Pass-port and Protection for the Shipp
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 441
Philipp of London, Henry Creyk Master, navigated with Ten
men and a Boye, freely to passe to New Yorke, near the
Long Island [p. 367. ^ 2.]
[18.] WhitehaU, 26 April :
[A pass for the flyboat Bobert of Bristol, 250 tons, Edmund Barbados.
Ditty master with 16 seamen, to carry provisions and servants
to Barbados.] [p. 398. f 1.]
[19.] Whitehall, 10 May :
[A protection granted to twenty or thirty mariners to bring Xew
to London from Plymouth the Benjamin, 300 tons, Benjamin "^ ^ '
Guilham master, which has just arrived from New England
in a leaky condition and had all her men impressed in his
Majesty's service.] [p. 414. ^1.]
[20.] WhitehaU, 17 May :
[Protection for the Elizabeth and Mary of Topsham, 40 tons, Newfound-
land.
Giles Browne master with 8 men, prepared for the Newfound-
land fishing trade by William Vincent of Exeter.]
[p. 422. II 1.]
[21.] WhitehaU, 31 May :
[Protection for the Good Hope of London, 100 tons, Phihp ^^w
Dedandilo master with 10 mariners, to proceed to New Newfound-
England, Newfoundland, and Spain successively and to
return to England.] [p. 433. ^ 1.]
[22.] WhitehaU, 12 July :
[The owners of the ship Royal Exchange having represented New
that the vessel after proceeding as far as the Downs in her ^
voyage to New England was forced to come back to Black-
wall for safety, where the Commissioners of the Navy took
her for a man of war and ordered her to be ready for his
Majesty's service by Thursday next, and having prayed for
discharge of the vessel on the ground that] there is great
Hopes of a Peace, and so his Majestic may very suddenly have
442 ACTS OP THE PRIVY COUNCIL (COLONIAL). [l667.
no Occasion for her, and there being on board 150 Tonns of
rich Goods, which to unlade wilbe great Cost and Dammage
to the Petitioners, [order is given for the immediate restoration
of the ship with her tackle and furniture.] [p. 494. ]f 2.]
CHARLES II. VOLUME VII. (2 Oct. 1667-28 Aug. 1668.)
[724.] Whitehall, 2 October :
Sir John [In accordance with the order of 23 September to Sir
?eet™^"^ John Harman, the Duke of York is ordered to] Issue
Warrant for such a Proportion of Victualls to be pro-
vided, and sent for the whole Squadron of Shipps vnder
Command of the said Sir John Harman, as may be sufficient
to bring home, such as are forthwith to come home, and
leave a fitting proportion for the rest. And if any of the said
Shipps be come away before the said Victualls shall arrive
at the Barbado's ; That then the Lord Willoughby Governour
of the said Island, do take Care that the said Victualls be
disposed of to his Majesties best Advantage. [p. 2. ^ 1.]
[725.] Ibid.
Committee It was this day Ordered by his Majestie in Councill, That
EngYan'd. the Right Honourable the Lords of his Majesties most
Honourable Privy Councill, formerly appoynted a Committee
for the Affayres of New England do Meet in the Councill
Chamber on Friday next the 4th instant afternoone, And
so from time to time if occation require, to make a Re-view
of what hath been done concerning that Plantation.
[p. 2. f 3.]
[726.] Ibid.
Leeward [The Council refer to the Committee for examination and
report the] Petition of the Merchants and Planters (in or
neare the City of London) Tradeing to the Leeward Islands
in the West Indies . . acknowledging his Majestys
1667.] ACTS 0^ THE PRIVY COUNCIL (COLONIAL). 443
Princely Care for the Re-settlement and Protection of the
Inhabitans there, And of the Planters and Merchants
tradeing thither, And humbly Offering severall Proposalls
as Motives induceing their Duty and Service to his
Majestie, and to the pubhque Concernes of those Plantations.
[p. 4. II 1.]
[727.] Whitehall, 4 October :
[Concerning the ship Adventure of Hull (c/. 722)], Forasmuch Plantation
as the Petitioners haue Informed this Board that the Farmers
haue Appraysed the said Shipp and Goods, brought her from
King-road into Hunger-roade and there landed a great part
of the Tobacco, and are now dischargeing her whole Ladeing
in BristoU, It was this day Ordered (his Majestie present in
Councill) [that the matter be discussed on 7 October, when
the Farmers of the Customs are required to attend.]
[p. 5. Tl 2.]
[On the 7th it is ordered that Mountford and Richardson
have a copy of the answer returned by the Farmers of the
Customs and that both parties attend the Board for further
consideration of the business on Wednesday next the 9th
instant at 9 in the morning.] [p. 9. ^j 2.]
[728.] Whitehall, 9 October :
[On information from the officers of the Navy that the masters sir John
of several ships bound for Barbados can find storage for fleet™^"^ *
the victuals ordered for Sir John Harman's fleet now in
America but will only do so on payment of ready money for the
freight, amounting to at least llOOZ. for upwards of 500 tons
of provisions ; and that if this opportunity be lost the charge
of sending in any other way will be above lOOOZ. more besides
the inconvenience of a great delay : the Treasurer of the
Navy is directed to pay llOOL or any less sum which shall
be found requisite and to reimburse himseK out of the
product of his Majesty's ships which are ordered to be sold.]
Ip. 13. H 1.]
444 ACTS OF THE PRIVY COUNCIL (COLONIAL). [l667.
[729.] Whitehall, 16 October :
Virginia. A Representation from the Governour and Councill of the
CoUony of Virginia, . . Reflecting upon some pretended
diferences between them and the Lord Baltemore, Lord, and
Proprietary of Maryland, [is ordered to be delivered to Lord
Baltimore ; both parties are to be heard at the Board on
Friday the 25th of October.] [p. 23. ^ 2.]
[730.] Whitehall, 23 October :
New York. The Petition of Peter Stuyuesant late Governour of the
City and Fort called Amsterdam and Generall of the New
Netherlands, for and on the behaKe of himseKe and the Dutch
Nation (now his Majesties Subjects in New Yorke) being this
day read at the Board, Shewing, That the Petitioner after
a Solemne Treaty upon Articles, Dated the 29th of August
1664, Did Surrender the Towne and Fort called Amsterdam,
into the hands of ColloneU Richard NichoUs, and did there-
upon acknowledg aU due Obedience Sweare Faith and true
Allegiance to his Majestic, That by the Sixt Artickle it was
Consented to, That any people may come from the Nether-
lands, and Plant in that Country, and that Dutch Vessells
may freely come thither, and any of the Dutch may freely
returne home, or send any Merchandize home in Vessells of
their owne Countrye, And Praying that a free Trade may
accordingly be allowed, Vpon Serious Consideration of the
present necessity of Trade and Commerce to be supported
and Encouraged in those parts, for the Common benefitt,
which cannot, at this time be supplyed from hence, and the
Dutch Inhabitants in New Yorke being now become his
Majesties Subjects (as aforesaid) It was this day Ordered
(his Majestie present in Councill) That a Temporary per-
mission for Seaven Years, with Three Shipps only be given,
and hereby is Granted, vnto the Dutch, freely to Trade, with
the Inhabitants of the lands lately reduced from the Dutch
into the Obedience of his Majestie, And that hereafter no Passe
Lycence or permission, be at any time given to any greater
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 445
Number of Shipps to Trade as aforesaid ; And hereof as
well his Majestys Governors in those parts, as aU other
Officers and Persons Concerned, are required to take notice,
and yeild due Obedience accordingly. [p. 29. ^1.]
[C.S.P. II. 1603.]
[731.] Whitehall, 23 October :
The Duke of Yorke . . is authorised, to Graunt his Passe New York.
and Lycence vnto Heere Peter Stuyuesant late GeneraU of
the New Netherlands, to returne to the place formerly called
the New Netherlands, and now called New Yorke, pursuant
to the Passport he had and received from CoUonell Nicholls,
for his Safe goeing for Holland, and returne into these
parts. [p. 30. ^ 1.]
[732.] Whitehall, 25 October :
Vpon reading the Petition of Nathaniell Newgate alias West Indies.
Newdigate of London Merchant, Shewing that he hath been
a very great Sufferer by the Losse of St. Christophers and
the Adjacent Island.s in the West Indies, to the value of Three
Thousand pounds and Upwards, in personall Estate, And
haveing bought a Shipp and fitted her for a Voyage to Nevis,
and the Islands aforesaid, And humbly Praying Lycence to
Transport Threscore and Tenn Horses, Mares, and Geldings,
to his Majestys Plantations in the West Indies, pajnng the
Usuall Custome ; [permission is given him to export seventy
geldings]. [p. 34. Tj i.]
[On 13 December, Newdigate is further allowed to export
to the West Indies 150 stone horses, geldings, and nags,
but no mares.] [p. 93 ^ 2.]
[733.] Ibid.
[According to the Order of this Board of the 25th instant, Virginia,
the Council consider a representation from the Governor
and Council of Virginia with Lord Baltimore's answer thereto.]
The said Governor and Councell of Virginia Sett forth in the
said Representation, That in pursuance of his Majestys
446 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667.
Instructions, in the 14th yeare of his Majestys Reigne, and
of an Order of Councell of the 29th of June 1662, They had
Endeavoured by severall Treatys with Commissioners from
the Province of Mary-land to Agree upon some Expedient
to Lessen the Quantety of Tobacco planted in those Collonyes,
thereby to Inhance the Prise of that Commodity, at that
time become a Drugg (as they prentend) of no Value ; That
at length both those CoUonyes, and Carolina also, had made
an Act of Asembly in each Province, respectively in the
Yeare 1666, forbidding the Planting of any Tobacco at all
during this present yeare 1667, But the Lord Baltemore,
Lord and Proprietary of Mary-land, haveing declared his
Dissent to the said Act in his aforesaid Province of Maryland,
by an Instrument vnder his hand and Scale at Armes,
rendered the aforsaid Agrement bet-nixt those said Collonyes
vaine, [whence this representation complaining] against the
Lord Baltomore as an obstructer of the publique Good of
those CoUonies.
The Lord Batemore by his Answer to the said Repre-
sentation, declared (amongst divers other Reasons against
any Prohibition of Planting Tobacco in those CoUonies) [that
upon a former petition from ^'irginia, the Committee for
Plantations had reported against any stint or cessation of
planting, and order had accordingly been given to that effect
by the Council on 25 Nov. 1664], whereby the differnce
Concerning that Matter, between both Collonyes, were (as
he humbly conceiued) determined. And that in pursuance of
that Order he declared his dissent to the aforesaid Act in
Maryland. Vpon full Debate this day, [after hearing Colonel
Morvson and Lord Baltimore, consulting the Farmers of the
Customs, and reading the order of 25 Nov. 1664, the former
order was confirmed and the representation dismissed].
[pp. 40-41,]
[734,1 WTiitehall, 6 November :
Nova Scotia. Thfs day the ensuing Letters from his Majestie to Colonell
Temple Governor of Nova Scotia in North America, for the
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 447
Rendition of Acadie to the French, was read at the Boord and
approued, And it was Ordered that they be registred in the
CounciU Booke as foUoweth vizt.
Trusty and welbeloued Wee greet you well, Whereas by
the late Treaty concluded at Breda, and there signed the
31 of July last past betweene Vs, and Our good Brother
the most Christian King, and whereof the Ratifications were
interchanged at Breda aforesaid the ^^ day of August
now last past, It is among other things concluded and agreed,
That Wee shall restore unto the said most Christian King, or
unto such Person or Persons, as to that purpose shall receiue
his Command duly passed under the Great Seale of France,
the Country which is called Acadie lying in North America,
which the said most Christian King did formerly enjoy. And
Wee desiring, that the said Treaty may on Our part haue
its full and entire Effect and Execution, without any
Difficulty or Delay whatsoever, Haue thought fit by these
presents, which in pursuance of the said Treaty, Wee haue
drected to be put into the hands of Our said Good Brother,
to signify Our expresse Will and Pleasure to you, and
accordingly Our Will and Pleasure is. That immediatly upon
the Receipt hereof, you giue effectuall Order, for the restoring
forthwith, and without all delay or difficulty to the said most
Christian King, or to such as he shall thereto appoint, under
the Great Seale of ffrance the said Country called Acadie
lying in North America, which the said King did formerly
enjoy. And that you proceed herein really and sincerely con-
forming your self in the Execution thereof to what is set
downe in the Tenth and Eleaventh Articles of the said Treaty,
Copies of which Wee herewith send you attested under the
hand of Our Principall Secretary of State. And for so doing
this shalbe your Warrant and Discharge. [C.S.P. II. 1635.]
[The second letter, after a reference to the first, proceeds].
These are therefore to second that Letter, and withall to
giue you warning to be very carefull, as to performe punc-
tually, what Wee haue there commanded you, and what Wee
448 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667.
are in Honour and Conscience by Our Treaty obliged vnto,
so not at all to exceed and go beyond it, You are then to
take notice, that it is onely the Country of Acadie which
you are to restore, not any part of Nova Scotia, or of any
other Country or Province adjojTiing which is not knowne and
called by the name of Acadie ; nor any part even of Acadie
itself, but that which did originally belong unto the most
Christian King, was so enjoyed by him, and afterwards taken
from him by the EngUsh, for if any was taken from him,
which was not originally his, and so enjoyed by him, it is
not within the Treaty. Threfore you are to apply your best
Care and Diligence, making use of your owne Knowledge of
those parts and informing your self from others. That a right
Distinction be made of what properly belongs unto Vs, and
what did belong unto Our good Brother the most Christian
King : And least any thing should be wanting to you for
your better Information and Instruction wherewith you
may be furnished from hence, Wee haue thought fit to send
you Copies of a Graunt heretofore made by Our Royall
Grandfather King James of blessed memory unto Sir Wilham
Alexander, and of another Graunt made by the late Vsurper
Oliver Cromwell unto Crowne and Temple, where the
Bounds and Limits of this Country of Acadie are particularly
set forth, which wilbe a good Help unto you for the more
exact Performance and Execution of Our Commands.*
[C.S.P. II. 1638.]
[The Duke of York is desired to provide one of his
Majesty's ketches such as His Royal Highness shall judge
fittest to sail to Nova Scotia with all expedition with the
despatch to Col. Temple.] [pp. 51-52.]
[736.] Whitehall, 6 December :
Ne%%found- Vpon reading this day at the Boord the humble Petition
of the Company of Merchants, Adventurers and Owners of
land.
• The copies of these letters at the Public Record OiJSce, calendared in the
Calendars of State Papers, are indorsed A) This was not sent. B.) This w^9
intended, but not sent.
1667.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 449
Ships trading from the Citty of Bristoll, to Newfoundland
As also of divers Merchants and others trading thither.
Setting forth the great Advantage of the said Trade to his
Majestic in point of Custome, Amounting at least to 40000?.
per annum by the Importation of Oyle, Wine, ffruit, and
other usefull Comodities brought in from Spayne, PortugaU,
and Italy, as Returnes for the Fish caught in those seas
besides the breeding yearly many Hundreds of Seamen, and
the Great Profit, his Majesties Subjects in the West of
England and other parts of the Kingdome (which trade in
Partnership with them do receiue thereby, And forasmuch as
the said Trade without present Help from his Majestie is like
to fall into the hands of the French or Dutch to his Majesties
and the Kingdomes great Losse and Damage, They humbly
prayed his Majestie to provide a speedy Remedy thereof by
sending some able Person as Governor with Guns, Armes,
Amunition and other MateriaUs, necessary for the making
and fortifying some of the Harbours there, whereby the
Petitioners may safely go on, and be encouraged in the said
Fishing Trade, Which being taken into Consideration together
with a Narratiue shewing the Benefit and Advantage of the
Newfoundland Trade, and the Necessity of a Governor and
fortifying the Principall and most proper Harbours for
Defence and ffishing there. His Majestie present in CounciU
did this day Order, That the said Petitions and Narratiue
be, and they are hereby referred to the Right Honorable the
Earle of Anglesey, Lord Ashley, Mr. Comptroller, Mr. Vice-
Chamberlain, and Sir WiUiam Coventry [for examination and
report]. [p. 80. ^ 1.]
[736.] Whitehall, 13 December :
Vpon reading a Petition of severaU Merchants of the City Virginia,
of Bristoll, Shewing, That during the late Warr with the
Dutch &c. The Petitioners had severall Shipps taken by
the then Enemys (vizt.) in the yeare 1665 Five Shipps, with
Two Thousand Seaven hundred hhds. of Tobacco ; in the
450 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1667-8
yeare 1666, One Shipp, with Six hundred hhds. of Tobacco,
and in the yeare 1667 Nine Shipps Taken and burnt in Harbour,
in Virginia, with Six Thousand hhds. of Tobacco in them.
That by Order of the Governor of Virginia all Merchants,
Adventurers, before Clearing their Shipps from thence, have
beene enforsed to giue Security, by Bills of Exchange
Charged on the Petitioners, or their Correspondents in Eng-
land, for Two ShilHnges Three pence, as an Impost for every
hhd. of Tobacco Laden, pretending it to be for Erecting
Fortifications in Virginia, although divers Carpenters belonging
to the Petitioners Shipps have been Imprested from their
Shipps, and have actually served in Cutting Timber, And
Carying the same, in order to the Building of Fortifications,
but no such yet Built, By want whereof the Petitioners
Shipps, with their Lading, were this yeare Burnt and Lost ;
That his Majesty having been Graciously pleased to Repay
the Customs payd in the Ports of England, for Goods lost, in
Shipps Lost, or to allow the like Value, to be Shipped out free.
And praying that the Bills of Exchange, Charged on the
Petitioners or their Correspondents, for the said Impost of
Tobacco, in Virginia, in the years aforesaid and lost, may be
declared to be Null and Voyd, and to be discharged, or elce
that such of the Petitioners for whom, or whose Use
Tobacco so Shipt, hath been lost, may have Liberty to Shipp
the hke Quantityes of Tobacco, out of Virginia free of the
said Impost, And that for the future the Fortifications intended
for preservation of that Country, and protection of his
Majestys Subjects, may be perfected and Repayred ; [the
whole matter is referred to the Committee for examination
and report]. [P- 92. H 1-]
[737.] Whitehall, 10 January :
West Indies. Sir Henry Puckering Knight, Thomas Henshaw, and George
Goodman Esqrs in behalfe of themselves and the rest of the
Creditors of James late Earle of Carhsle deceased, [set forth],
That by Order of the 13th of June 1663. Francis Lord
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 451
Willoughby of Parham . . . was directed to pay vnto
the Petitioners 24716?. 6s. id. out of the Moyety of the
Revenue of the said Islands ; That notwithstanding the said
Order, and a Letter from this Board directed to Wilham
Lord WiUoughby the present Lieutenant GeneraU of the said
Islands, they have not received any part of the said summe,
Nor is their Agent Mr. WilHam Boseman admitted his
Majesties Comptroller of the Customs there, as by the said
Letter was directed. [A true copy of the petition is ordered
to be deUvered to Lord Willoughby's agent, who is required
speedily to return his answer thereunto in writing.]
[p. 118. II 2.]
[This answer is returned on 13 March, and referred, with
the petition, to the Committee]. [p. 229 ^ 1].
[738.] Whitehall, 15 January :
Vpon reading this day at the Board the humble Petition Barbados
of John Chomley Citizen and Merchant of London, Setting
forth, That he hath been ever Loyall and faithfull to his
Majestic, and hath payd the summe of three thousand pounds
per Annum to and for his Majesties vse and service ever
since his Majesties happy restauration. And Praying Lycence
to Transport eighty Geldings to his Majesties Plantation of
the Barbados, [the petition was granted.] [p. 124. ^ 4.]
[739.] Ibid.
Vpon reading this day at the Board an humble Address French West
from the French West-India Company, desiring satisfaction Company.
and reparation for losses and dammages sustayned by them,
by the takeing of diverse of their Shipps before any Pro-
clamation of Warr . . . and by whom the said Shipps
were taken, adjudged, sold and made prize in severall Parts
of his Majesties Dominions ; . . It was Ordered by his
Majestie in Councill, That particular Orders should be directed
to the Governors and Principall Officers in all his Majesties
Dominions, where, and by whom the Shipps mentioned in the
452 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
said Memoriall were disposed, to give an Accompt to his
Majestic in Councill of the disposall of the said respective
Shipps and Goods, and the values thereof, Vpon all which
returnes his Majestie will give such farther Order as shall
be fitt.
Whereas the French West-India Company have Repre-
sented to his Majestie That in October in the yeare 1665,
before there was any Proclamation of Warr, or any Hostility
or ReprisaUs, The Shipp called the St. Peter belonging to
the said Company, and returning from St. Christophers
Laden with Sugar and Tobacco, was seized at Sea by an
Enghsh Frigott as it went from Rochett to the Haure of Grace,
and brought to Plymouth, where it was retayned vnder pre-
tence that the Cooke had cast to sea some papers, though
the same being taken vp again it was well knowne they were
nothing Considerable, and though the Cooke himselfe tooke
his Oath the said papers were onely to wrapp in some small
things of his Trade ; which Shipp with the Goods, and Costs
for the Clayming of them doth amount to 90000 ffrench
Livers ; [the Commissioners for Prizes are ordered to examine'
the matter and to return to the Board a speedy and detailed
account, when further order will be given].
Whereas the ffrench West India Company have Repre-
sented to his Majestie that in July 1665. the Shipp called the
Fortune, ffreighted at Nantes, and ensured for the Accompt
of the said Company, which returning from the Guarde Loupe
Leaden with Sugar and Tobacco, was taken not farr from
Vermuda by Capt. Charles Robert Enghsh, who brought it
ffirst to the Islands of Mevis and Montferrat, but the Governors
were so farr from adjudging it Prize, that they were against
it as belonging to ffreinds and Allyes, wherevpon the said
Captain brought the same to Jamaica, where it was retayned
vnder pretence it had been ffreighted from the Dutch, The
said Prize being worth 69000 ffrench Livers ; [the Commis-
sioners for Prizes are desired] if they know any thing con-
cerning the said Shipp Forttme, either by Correspence with
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 453
the Governor of Jamaica or by any other meanes, that they
speedily acquaint this Board therewith, or if otherwise, that
they signify the same, that so such farther Order may be given
therein as shall be fitt.
[Similar orders are issued in the cases of the Jonas taken
near Belle Isle and brought into Tangier, the St. John of
Dieppe returning from Senegal and forced into Waterford
harbour by stress of weather, and the St. John of Hamburg
from which masts were removed for his Majesty's service, all
vessels belonging to the French West India Company.]
[fp. 125-127.]
[740.] Whitehall, 15 January :
A Memorial! from Monsieur Rouigny (Importing that Sir Cayenne
John Harman had lately taken the Island of La Cayenne in
America, and made the Governor, Major, and others Prisoners,
and seized their Magazine) being Referred to [the Committee
— ^to which the Earls of Bath and Carlisle had been added on
3 January ; the Committee advise] (if the said Island be in
his Majesties possession) that the same should be presently
delivered into the possession of the French, and the Prisoners
sett at Liberty in such manner as is agreed by the late
Treaty at Breda. [Whereupon Lord Arlington is ordered to
prepare the necessary papers for his Majesty's signature.]
[p. 129. II 1.]
[C.S.P. IL 1671.]
[741.] "Whitehall, 22 January :
Vpon reading this day at the Board the humble Petition West. Indies,
of Capt. John Staplehill and Capt. Florence Osulivan, Setting
forth. That each of them raysed a Company vpon their own
Costs in the Barbados for his Majesties service in the
Expedition for regajoiing St. Christophers, in which service
they were taken Prisoners by the French in the Island of
Tothus Santus, and detayned eleven Moneths, and Praying
releife ; [Lord Arlington is ordered to confer with Monsieur
de Ruvigny concerning the matter and endeavour to obtain
454 ACTS OP THE PRIVY COUNCIL (COLONIAL). [I668.
relief for the petitioners, [p. 139. T| I.] On 29 April a similar
petition is referred to the Commissioners for the Treasury].
[p. 292 ][ 2.]
[742.] Whitehall, 22 January :
Surinam. A Memoriall of the Ambassadors from the States General!
of the Vnited Provinces of the Netherlands Concerning the
restitution of the Colony of Surinam lately taken by Sir John
Harman, being this day presented and read at the Board ;
[Lord Arhngton is directed to prepare papers for the rendition
of Surinam to the Dutch similar to those for the dehvery of
Cayenne to the French, according to the 6th article of
the Treaty of Breda]. [p. 140. V i.i
[C.S.P. 11. 1683.]
[743.] Ibid.
West Indies. Vpon reading this day at the Board the humble petition
of Isaack le Gay, John Jurin Junior, and John DorviU of
London Merchants, Complayning, That they haveing Hired
a Swedish Shipp called the Castle of Stockholme to Transport
Goods to the Barbados, and to returne for England, in her
returne, being Laden with Cotton WooU, Sugars, and other
Commodityes, was the 6th of December last by distress of
Weather forced into Robadeaus neare the Groine, in the
Territoryes of the King of Spaine, where the Shipp and her
Ladeing are detayned, vpon pretence that shee came from the
Spanish West-Indies without dispatches. [Lord Arhngton is
directed to confer with the Spanish Ambassador about
restoring the ship and likewise to recommend the petitioners'
cause to the Earl of Sandwich, Ambassador in Spain.]
[p. 140. H 3.]
[744.] Whitehall, 24 January :
Barbados. Vpon the Petition of Stephen Vines and Richard Ormsby
Merchants, Inhabitants of Ireland (this day read at the
Board) Shewing, That the Petitioners were Owners of the
Shipp Hopewell of Galloway, which they Laded with Provisions
to the Barbados, in the time of the late Warr ; And being there
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 455
arrived, shee was Arrested by Charles Collins and Samuell
Vernier, vpon pretence of a breach of Charter-party, made
between them, and the Master of the said Shipp and others,
before the Petitioners became possessed of her ; And vpon a
Hearing of the said Difference before the Commissioners there,
two of them gave their Judgments, that the said Shipp should
be acquitted ; But Mr. Henry Willoughby at that time being
Deputy Governor there (which was after the death of the
late Lord Willoughby and before the now Lord Willoughby
was constituted Governor thereof) did make a private Order
to Condemne the said Shipp, contrary to the Law of the
Court of Admiralty, and the Petitioners being farr distant,
f ayling to make their Appeale in the said Court within 1 5 dayes
after the aforesaid Order and Decree, are barr'd of their
Appeale to their vtter ruine, and great discouragement of
Trade, vnless they finde releife. And Praying that their case
may be Referred to the Lord Willoughby . . to have
a rehearing thereof before his Lordshipp [Lord Willoughby is
ordered to] take the Allegations of the Petitioners into serious
Consideration, and if his Lordshipp shall finde them true, that
then a Convenient time be given and appointed for a rehearing
of the Whole Matter, and to do the Petitioners Right
according to Justice and Equity. [p. 147. ^ 2.]
[745.] Whitehall, 31 January :
A Letter to the Lord Willoughby Governour of Barbados. West'indies.
[Whereas the Royal African Company complain that not-
withstanding the letter of 6 April 1666 to Lord Willoughby
and] notwithstanding Your Lordshipp (before your goeing
to that Government) did Vndertake in the presence of the
Lords the Committee for fforraigne Plantations, (c/. 692)
to fuUfill the former Order sent to your Brother, Yet their
ffactors who became Bayle to the said Action, are still prose-
cuted in Common formes of the Law there, and are neare vpon
sued to an Execution vpon the said Bayle Bonds, Neither
hath there been any Obedience given to his Majesties
Commands signifyed by our said Letter in transmitting the
456 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668-
Process hither ; Which his Majestie resenting, Hath again
Commanded vs to require your Lordshipp to give speedy and
effectuall Order for the stopping of all manner of Proceedings
in any the Courts of the said Island against any of the
Petitioners ffactors or others for or concerning any thing
relateing to the Matter aforesaid ; And that you speedily send
to vs the whole Proceedings and Bayle Bonds in that Case,
together with all Papers relateing therevnto. [p. 162. ][ 1.]
[746.] WhitehaU, 31 January :
West Indies. A Letter to the Commissioners for the Office of Master of
his Majesties Ordnance, and Officers of the same. [Whereas
it appeared that by order of the Governor of Barbados there
was impressed out of the Sea-flower of Bristol certain guns,
ammunition, and other materials to the value of 761. sterling,
and put on board his Majesty's hired ship the Companion
for service against the enemy in the West Indies ; His Majesty
directs that the owners of the said ship may receive satisfaction
either in specie or in money as they shall judge most fit.]
[p. 169. ^ 1.]
[747.] WhitehaU, 12 February :
His Majesty haveing vpon the 31th of January last,
caused an Order to be Read, and Passed, for Estabhshing
a future Regulation of Committees of his Privy Councill ;
And some Aditions being since held necessary to be made
thereunto, the same were this day read and allowed of as
FoUoweth.
His Majesty haveing among other the Important parts of
his AfFayres, taken into his Princely Consideration the way,
and Method of Managing Matters at the CounciU Board, And
reflecting that his CounciUs would haue more Reputation if
they were putt into a more settled, and Estabhshed Course :
Hath thought fitt to Appoynt certain Standing Committees
of the Councill for severall Businesses, together with Regular
dayes and Places for their AssembHng, in such sort as
foUoweth.
Committee
for Trade
and Planta
tions.
1668.1 ACTS OF THE PRIVY COUNCIL (COLONIAL). 457
[1. The Committee of Foreign Affairs.
2. The Committee for such matters as concern the
Admiralty and Navy, Mihtary Matters, Fortifications, etc.]
3. A Committee for the Business of Trade, under whose
Consideration is to come whatsoever Concernes his Majestys
Forraine Plantations, as also what Relates to his Kingdomes
of Scotland or Ireland, in such Matters only Relating to
eyther of those Kingdomes, as properly belonge to the Cog-
nizance of the Councill Board, the Isles of Jersey and
Guernsey, which is to Consist of the Lord Privy Seale, Duke
of Buckingham, Duke of Ormond, Earle of Ossory, Earle of
Bridgewater, Earle of Anglesey, Earle of LauderdaiU, Lord
Arlington, Lord HoUes, Lord Ashley, Mr. Comptroller, Mr.
Vice-Chamberlain, Mr. Secretary Morice, Sir WiUiam Coven-
trye, the usuall day of Meeting to be every Thursday in the f Earle of
Councill Chamber, and oftner, as he that Presides shall direct. I ^^^,''''®',''
Earle of
And hereof Three or more of them to be a Quorum. And { Cravon
it is further Ordered That this Committee caUing vnto them fuz-
his Majestys Attorney Generall, or elce his Majestys Advocate, ^dded^tiT^^"
do from henceforward heare all Causes that by way of i^i-h June
1668.
Appeale come from the Isles of Jersey and Guernsey, the Earle of
Orders whereupon being in due forme prepared by the Gierke Added'by
of the Councill : are before they are signed to be read at the 9'''^'"" ^^^^
•' ^ January
Councill Board, and there Approued of, that so they may 1668[9].
Receiue the Approbation and Authority of the whole Councill,
which before used to Passe distinctly from the Committee
only, by a derivatiue power from the Board.
[4. A Committee on grievances.] [p. 176. J
[748.] Whitehall, 14 February :
[The Council refer to the Committee for Trade the] Petition West Indies
of Capt. Edward Burd, late Commander of the Shipp, Margaret
of Leith. Setting forth That the said Vessell Burthen One
hundred and Eighty Tunns with Twenty Guns, and Seavnty
Men, Freighted by the Petitioner at Barbados with Tobaccos,
458 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
Sugars &c. to the value of Five Thousand pound Sterling, was
Imprested by Authority from the Lord Willoughby into his
Majestys Service against the French and Dutch in the Lee-
ward Islands, in which service the said Shipp (amongst many
others,) perished by the Hericano, as also Three Prizes which
the Petitioner had taken, in the Isle of Tons les Sanctos (were
then hkewise lost) to the very great Dammage of the
Petitioner And Praying that the Shipp Convertine (a Prize
shipp now in Scotland) may be giuen to the Petitioner in
Satisfaction of his losses. [p. 181. ]f 1.]
[749.] AVhitehall, 14 February:
Surinam. [A letter to Lord Willoughby concerning the restitution
of Surinam to the Dutch.] These are to acquaint your
Lordship, That it is his Majestys pleasure, and you
are (in his Majestys name) hereby Authorised and Required
to take Care that Suranam be, according to the tenure
and intent'on of the said Treaty, forthwith Restored and
Yeilded up, to remayne in the quiett Possession of the said
States, or such as they shall Appojmt in their name to
take Possession thereof ; And your Lordship is Required also
to Command all his Majestys Subjects, late Inhabitants of that
Place upon their Allegiance, forthwith to withdraw them-
selues with their Familyes ; into some parts of his Majestys
Dominions in America ; And for their better Encouragment
therein, to afford them all convenient Assistance, which may
facihtate their Retreat. [p- 182. If 1.]
[750.] Whitehall, 17 February :
West Indies. [The Council refer to the Treasury the] Petition of John
WiUiams late Commander of the Shipp called the WiUiam,
in the behaKe of himseKe, and the rest of the Owners of the
said Shipp Setting forth. That the said Shipp being arived
at the Barbados, in Merchants Imployment, was there by the
Gouernor of the said Island Imprested into his Majestys
service vnder the Comand of Captain Bery, in an Expedition
1668.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 459
against the French and Dutch, in the Leeward Islands, for
which service there is due to the Petitioner One Thousand
Sixty Pounds, Eighteene ShilUnges, And Prajdng Payment
of the said Summe.
[Similar claims (for service, losses sustained, or stores
seized) made for the John and Thomas by Samuel Randall, for
the Constant Katherine by Thomas CoUier, for the St. Peter
by Caleb Caine, for the Companion by John Thompson, and
for the Owners Adventure by WiUiam Lloyd, are also referred
to the Commissioners of the Treasury.] [p. 187. Tj 1.]
[751.] Whitehall, 17 February :
[The Lord High Admiral is directed to] Assigne on of his Jamaica
Majestys Shipps of the 5t Rate for the defence of his
Majestys Plantation of Jamaica, and suppressing the Insolence
of Privateers upon that Coast, the Governor and Planters
of Jamaica undertakeing to sett out and Victuall the said
Shipp, and Pay the Wages of the Seamen, and keepe the
said Shipp and furniture in good Repaire. [p. 191. ^f 3.]
[752.] WhitehaU, 19 February :
[The Lord High Admiral to assign two of his Majesty's ships Newfound-
of such rate as he thinks fit] for the Convey and Security of ^^ '
the Fishery of Newfoundland. [p. 193. ]| 2.]
[753.] Ibid.
Lord Arlington having acqiiainted the Board, That Monsieur Acadia.
Ruiugney made difficulty to Receive the Act of Cession
of the Coimtry of Acadie as it was prepared by his Lordship
in the wordes of the Treaty at Breda, untill the like
Explanation were Added in the Cession as had been at his
instance Inserted in the Letters of Possession heretofore
Issued from his Majesty. It was Ordered (his Majesty present
in Councill) That the said Act of Cession of the Country of
I'Acadie, do Passe to the French in a Solemne Instrument,
in the same wordes, and with the same Explanation, That the
460 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
Orders sometime since Issued, for giueing Possession of the
said Country to the French King did Passe, [p. 194. ][ 2.1
[C.S.P. II. p. 1699,]
[754.] WhitehaU, 26 February :
Nevis. A Letter to ColoneU Rusell Gouernor of Nevis. Wee being
Informed by the Petition of ColoneU Edmund Scarbourgh
his Majestys Surveyor General! of Virginia, That about August
1666, Robert Risden Commander of the Shipp Providence
ahas Virginia Merchant, came with the said Shipp and a
Considerable Cargo into the Island of Nevis, and was there
Murthered ; And that you ColloneU James Rusell Governor
of Nevis, Seised the Shipp and Cargo, upon pretence to
Secure the same for the Proprietors ; And the Petitioner
AUeaging That the most part of the Shipp and Goods do belong
vnto him, and that he hath made severaU Apphcations with
Certificats from the Gouernor of Virginia, Manifesting his,
the said CoUonell Scarbourghs Interest and Propriety, Yet
you haue disposed of the said Shipp and Goods, and will giue
no satisfaction ; Wee taking into Consideration the said
Petition and Originall Certificate of Sir WiUiam Berkely
Governor of Virginia (vnder the Scale of that CoUoney) And
Ukwise a Letter of Sir WiUiam Berkelys, both of them
directed vnto you, and Annexed vnto the Petition [require
you to come to account with, and make due satisfaction
unto Colonel Scarborough, and such other owners of the ship
or goods] as the Governor of Virginia (from whence the
said Shipp began her Voyage, and with her Lading did belong
vnto Inhabitants of Virginia) shaU under the Scale of that Colony
Certify the said Shipp and Goods to belong. [p. 202. *^ 1.]
[755.] Ibid.
West Indies [A claim by Samuel Basker for compensation for the Hoop,
employed by the Royal Company at 160/. per month, but
impressed for service in the late expedition in the West Indies
against the French and Dutch, and shattered in the hurricane, is
referred to the Commissioners of the Treasury.] [p. 203. t !•]
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 461
[Similarly with the petition of George MacCartney, Hugh
Eales, and George MacCartney, for compensation for the
James of Belfast, impressed at Antigua, but] together with
her said Goods taken by the French, nere the Roade of Guar-
delope, when David Agnew Merchant of the said Shipp,
was Wounded and payd for Ransome Six Thousand Pounds
of Sugar. [p. 203. *\ 2.]
[756.] Whitehall, 28 February :
Vpon the humble Petition of Samuell Wilson, Edward Plantation
Trflid©
Bushell and Josiath Childe of London Merchants, Shewing,
That John Baptista Quarenten (an Itahan Physition) about,
a yeare since became Bound to the Petitioners in a Contract
of Charterparty, in the penall Summe of Fiveteene Hundred
Pounds, together with Anthonio Drera a Venetian, Master
of the Shipp St. Joseph and Anthony, for the performance
of the Couenants therein Contayned, Whereupon the Peti-
tioners and their Factors at New England did not only Lade
upon the said Shipp severall Goods and Merchandizes to the
Value of about One Thousand Pounds ; but did also at the
earnest request of the said John Baptista and Anthonio Drera
lend vnto them in ready Money the summe of Three Hundred
and Fivety Pounds besides Prouisions for setting forth and
VictuaUing of the said Shipp ; which was to be paid them
at the Shipps retume into this his Majestys Port of London,
where shee was to end her Voyage ; But the said John
Baptista and the Master Antonio Drera, Combineing and
Contriving together to Cheate the Petitioners . . instead
of goeing to Cadiz in Spain with the said Shipp, where they
were bound to dehver the said Goods unto the Petitioners
Factors, shpped by the said Port, and putt into Malaga and
with the first opertunity of Winde, raim away from thence vp
into the Streights, with the said Shipp and Goods. [Quarentini
having been arrested by the petitioners in an action of 1500?.
has procured a certificate from Baron de Lisola, the Emperor's
envoy in England], Declareing him to be a Servant belonging
to his Household, hopeing thereby to evade Justice, Whereas
462 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668.
the said John Baptista as himseK hath acknowledged is a Free
Deny son of England, and hath lined in this Eangdome
for these Seven yeares together, and is now an Inhabitant in
the parish of St. Martin. [The petitioners are directed to
enter a caveat with both his Majesty's Principal Secretaries
of State, to the end that no protection be granted to
Quarentini, unless this Board be first acquainted therewith.
[p. 208.]
[ Quarentini 's petition for release from the King's Bench
Prison and a petition from the other parties that they be
not interrupted in their course of law against him, are on
3 April referred to the Committee for Grievances.]
[p. 255 H I-2J.
[757.] WhitehaU, 4 March :
Newfound- Vpon reading this day at the Boord the humble Petition of
Sir John Frederick Knight in behalf of himself and John
Hayne of Dartmouth, Shewing, That their Factor at Nants
being not able to procure an EngKsh VesseU did the 3d of
January last ffreight the Ship Golden Hawke of Norcopia in
Sweden with salt for their Accounts, for the use of Two Ships
bound on a ffishing Voyage to Newfoundland, but by reason
of contrary Winds she did not arriue at Dartmouth till the
27th of ffebruary last, being ffour dayes after the Dispensation
of the Act of Navigation was expired, That before her Arrival]
and the Expiration of that time, the Petitioners did tender an
Entry of the said Ship and Lading to the Officers of his Majestys
Customes at Dartmouth, as appeared by a Certificate thereof
from WiUiam Hurst Collector of the Customes there, who
refused the same, as also did the Farmers of the Customes in
London, That if they should not haue Liberty to unlade the
Salt at Dartmouth, their Voyage to Newfoundland would
absolutely be destroyed to their great Losse The said Ships
being ready to set sayle, with the first oppertunity of Wind,
but cannot proceed without the said Salt, which they want to
carry on their ffishing. And therefore Prajdng an Order to the
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 463
Ofl&cers of the Customes to admit the Entry of the said Ship
and Lading: [the petition was granted]. [p. 214. ^1.]
[758.] WhitehaU, 4 March:
[The Council refer to the Treasury the petition of Captain New York.
Thomas Morley, commander of the William and Nicholas,
setting forth,] That in pursuance of the Commands of his
Majestys Commissioners for his Affaires in America, the
Petitioner employed his said Ship and Men in his Majestys
Service for reducing the Manhatoes and other Places in
America deteyned by the Dutch, ffor which Service he was
to haue according to the Articles of Agreement betweene him
and the said Commissioners 130L per mensem during that
Expedition That accordingly the Petitioner attended that
Service from the 24th of August 1661, to the 24th of ApriU
1665 ffor which according to the said Contract there is due
unto him One Thousand and ffourty pounds whereof he hath
receiued ffiue Hundred Seaventy One pounds for ffreight due
from seuerall Men for Tobacco transported from Virginia to
London, To baUance which Account there remaines due unto
the Petitioner 468Z. 19s. lid. Which he humbly prayed
might be paid unto him by the Treasurer of the Navy.
[p. 214. H 2.]
[759.] Ibid.
Busines referd to the Consideration of the Lords Com- Committee
of Trade and
mittees for Trade, &C. Plantations
The Letters from the Lord Willoughby touching the State
of Barbados, and the Leeward Islands.
The Letter from Sir WiUiam Berkeley Governor of Virginia
touching the State of that Plantation. [p. 215. ^ 2.]
[760.] Whitehall, 6 March :
[The Council refer to the Committee the] Petition of Plantation
Trade
Ambrose Mud and Thomas Newman Merchants of Dartmouth
and their Company . . Shewing, That their Ship the
Pilgrim of Dartmouth, John Ewins Master, being laden with
464 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
1250 Kintalls of dry Newfoundland fish, and 180 Kintalls of
Cor ffish for Avero in Portugal!, was about the end of September
last surprized by a Spanish Man of Warr before the Barr of
that Port, [and condemned as good prize, although] It was
then lawfull for the said Ship to carry ffish into any Port of
the said Kings Enemys, not being blocked up or beseiged
by an Enemy That the Condemnation of the said Ships Goods
is not only a great disheartning to the Fishing Trade, but hath
tended to the Petitioners Dammage near 4000Z., And therefore
Praying Releife therein. r^ 2I8 ff 21
[On 18 March, Lord Arhngton is directed to write to the
Earl of Sandwich, Ambassador in Spain, to use his utmost
endeavours to procure satisfaction for the petitioners, and
also to desire the Spanish Ambassador in England to write
effectually to the Court of Spain in their behalf.]
Ip. 232. H 3.]
[761.] WhitehaU, 10 March :
Virginia. Whereas It was this day represented to the Boord by a
Letter from Sir WiUiam Berkeley Governor of Virginia, That
there is at present a great Want of Powder and Amunition
for the Defence of that Plantation which cannot otherwise
be well supplyed, then by the Merchants which trade thither.
Vpon consideration whereof, His Majesty present in Councill
did Order, That the Officers and Farmers of his Majestys
Customes do forthwith send for some of the most considerable
Merchants trading to Virginia, and treate with them about
carrying a quantity of Powder and Amunition thither in every
Ship that goes to that Plantation, The said Governor having
promised not only just payment but considerable Profit for
the same. And of their Proceedings herein the said Officers
and Farmers are required to make Report to his Majestic in
Councill, with all convenient speed. [p. 221. ^ 3.]
[762.] Whitehall, 13 March :
Jamaica. His Majestys Ship the Oxford [assigned by the Duke of
York] to be employed for the defence of his Majestys
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 465
Plantation at Jamaica, suppressing the Insolency of Privateers,
and for the Advance of Trade and Commerce there, [being
unable to put to sea] without some necessary Reparations
[the Duke of York is desired to direct] the Principall Officers
and Commissioners of the Navy to cause the said Oxford Fregat
to be forthwith repayred, so as she may be fit for her said
Voyage to Jamaica, Except Sheathing which the Governor
hath voluntarily undertaken to defray, as hkewise the Victaal-
hng of the said Ship, Wages of Seamen, and keeping her in
Repajnre. And that they cause her to be delivered with all
her Masts, Guns, and Standing Rigging to Mr. Charles Mody-
ford employed hither from the Governor of Jamaica, or to
such other Persons as shalbe sufficiently authorized to receiue
her for the Service aforesaid. [p. 227. \\ 2.]
[763.] Whitehall, 18 March:
A Letter to the Lord WiUoughby Governor of the Barbados. Barbados.
[On consideration of your letter of 16 December, giving an
account of the plantations under your charge]. Wee are ... by
his Majesties Command to acquaint your Lordship That as
his Majestie is well satisfyed with your Care and Dihgence
in the preservation and Defence of those Islands in the time
of the late Warr, So he doth rely on the continuance thereof,
and that you will not be wanting with the utmost of your
Endeavours to promote the Prosperity of those Plantations
wherein as oppertunity offers it seh, your Lordship may be
assured of his Majestys Assistance But as to the Intimation,
which hath been hinted to Vs of your desire to returne
suddainly for England, His Majestie thinkes it not convenient
in the present juncture of Affaires that those Plantations
should want a Governor so capable to serue his Majestie, as
Wee conceiue your Lordship, And therefore Wee are to signify
his Majestys Pleasure, That you continue there, untill you
shall receiue his further Directions, Wee are also to acquaint
you. That his Majestie hath seene the Addresses of the
Representatiues of the Island of the Barbados in behalf of
30
466 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
themselues and the Inhabitants thereof, which conteyning
Matters of great Conceme, it remaines under his Majestys
Consideration. [p. 235. ]| 1,1
[764.] WhitehaU, 27 March :
French West Whereas the PrincipaU Officers and Commissioners of his
Company. Majestys Navy did by their Report this day read at the
Boord represent, That in pursuance of an Order of the 15th
of January last, they haue examined the Allegations of the
French West India Company, and do finde, that according
to the said Allegations, there was in the Moneth of February
1665 taken into his Majestys Stores at Portsmouth out of the
Ship St. John Baptist, and employed for the use of his
Majestys Navy seuerall Goods and Stoares in the said Report
mentioned, which according to the then current Market, they
find upon full Enquiry to be worth 2438L 10s. Id. for which
no Satisfaction hath yet been made to the said French West
India Company within their Knowledge. [The matter is
referred to the Committee,] Who examining the Losses Our
Enghsh Merchants haue susteyned by the French are desired
to propose to this Boord such Expedients as they shall thinke
proper for giving Satisfaction to the said Company, With
regard to the pretensions of his Majestys Subjects for
Reparation for their Damages. [p- 239. ^ 1.]
[On 9 September 1670 the petition of the French West
India Company for payment of the 2438?. 10s. Id. is referred
to the Commissioners of the Navy, and on their report on
the 22nd, to the Treasury assisted by the Commissioners
for Prizes.] [IX. pp. 280 & 290.]
[765.] Whitehall, 3 April:
Maryland. Whereas Thomas Gookin of Kingsale in the Kingdome of
Ireland Merchant, Did by his Petition this day read at the
Boord set forth. That upon Encouragement given to him by
his Majestys Order of the 6th of March 1664 for dispencing
with c^rtaine Clauses in the Acts for Trade and Navigation,
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 467
He freighted his Ship the Hopewell with seuerall Goods and
Merchandizes for Maryland, where the said Ship safely
arriving the Petitioners Factors made sale of the said Goods,
and after they had almost reladen the said Ship, with the
Comoditys of that Place, Charles Calvert Esqr the Deputy
Governor there, notwithstanding he had promised him, he
should trade freely and without molestation, suffered the
said Ship to be unjustly and wrongfully condemned and sold
to the Petitioners Damage of 1400?. sterling. And therefore
he humbly prayed, That in regard he hath not done any
thing contrary to any knowne Law, whereby the said Ship
ought to be condemned, and that he cannot expect Justice
from the Deputy Governor in his owne Court, That his Majestie
would be pleased to order the Lord Baltimore .... ffather
of the said Deputy Governor to make just and due satisfaction
to the Petitioner for his Damages as aforesaid. [A copy of
the petition is ordered to be sent to Lord Baltimore, who is
to return his answer with all speed that further order may
be given.] [p. 256. ^ 2.]
[766.] Whitehall, 8 April :
[A protection is granted to Edward Bushell and others for Plantation
the Amity (formerly the Brazil frigate), Thomas Heath com-
mander, sailing with 25 men and above 60 passengers and
servants for Barbados.] [p. 261. ^ 3].
[767.] Whitehall, 10 April :
[On the memorial of the Dutch Ambassadors desiring that] Surinam.
His Majestie would be pleased to notify unto them, before what
Judge or Officer, the two Dutch Seamen lately come from
Surinam shall solemnly by Oath declare, that which happened
at Surinam, after the Articles of Peace concluded betweene his
Majestie and the said States Generall, as also the Patent for
Rendition of the said Place were exhibited there. [The
depositions were ordered to be made before the Board on the
1 5th instant, and kept by the Clerk of the Council for produc-
tion when there shall be occasion.] [p. 263. ^1.]
[C.S.P. II. 1728.]
468 ACTS OF THE PRIVY COUNCIL (COLONIAL). 11668.
[768.] Whitehall, 10 April :
West Indies. [Whereas Captain Edward Burd commander of the ship
Margaret of Leith, (cf. 748) represented that the Commis-
sioners of the Treasury, on a reference of 9 February,]
haue declared. That his Majestic is not obliged to make
good Ships lost by Storme, whereby the Petitioners after
so good and remarkable Service to his Majestic in his
said Ship, and on land, both before the Hurricane and
after, and having lost his Bloud and Limbs, and endured
12 Moneths Imprisonment in a wounded Condition in
great misery under the French in the West Indies, till he
ransomed himself at a very great Rate is now exposed to
great Streights, and in dayly hazard of Imprisonment And
therefore he most humbly prayed That his Majestic would
be pleased to Order him such satisfaction in respect thereof,
for the preventing the totall Ruine of him and his Family as
his Majestic in his Princely Bounty shall thinke fit. [The
Commissioners for sick and wounded men and prisoners of
war are required to pay the petitioner 200Z.] formerly
Ordered to him by his Royall Highnes in consideration of
his Services and Losses aforesaid, And [to] consider him for
a further Gratuity when there shalbe an oppertunity, as
a Person who hath very well deserued of his Majestic by
his Services and sufferings. [p. 263. ]f 2.]
[On 24 April, the Duke of York is desired to give speedy
and effectual order that Captain Burd have the same
recompense that is given to captains in his Majesty's service
on the hke occasions.] [p. 284. ^ 3.]
[769.] Whitehall, 15 April:
Surinam. [In pursuance of the order of 10 April] this day Appeared
at the Board, Denzill Price Interpreter to the Ambassadors
from the said States Generall, and (being sworne before
the Lords of his Majestys most Honourable Privy Councill)
Deposed that he did read the Depositions of John CorneUssen
Boer, and John Crynsen Vandergracht truly to them, as it is
1668.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 469
written in Dutch, and subscribed by them, and that the Paper
in EngUsh Subscribed by him the said Denzill Price, is a
true Translation of the same ; And the said John CorneUssen
Boer, and John Crynsen Vandergracht being then Ukewise
sworne, Did each of them Depose, that all that is contayned
in the Paper is true ; and it is thereupon Ordered That the Clerks
of the Councill do safely keepe the said Depositions, to the end
they may be produced when there shall be occation.
[V- 274. Ij 1.]
[770.] WhitehaU, 24 April :
Vpon the Memoriall of Monsieur Rovigny Concerning Losses French West
sustayned by the French West-India Company, and vpon the Company.
Clerke of the Councills giveing an Acoompt of what returnes
had been made to several I Orders of this Board sent to divers
persons about that Affayre ; [it is referred to the Committee
for Complaints and Grievances]. [-p. 284. ]| 2.]
[77L] WhitehaU, 29 April :
[The Duke of York] desiring his Majestie to Declare his west Indies.
Royall pleasure about the disposall of his Majesties Shipps
now in the West-Indies ; . . he is hereby desired and
authorised to send speedy and effectuall Orders for recalling
the six Fregats at present in the West-Indies, to be imployed
here in his Majesties service. [p. 290. ^ I.]
[772.] Ibid.
[A petition of the owners of the Pearl of Bristol for losses West Indies.
of 1475/. Ss. M., sustained through impressment in the West
Indies, in the attack on St. Christopher, is referred to the
Commissioners of the Treasury.] [p. 293. ^1.]
[Similar reference is made in the case of the Companion,
John Thompson commander, (cf. 750), impressed at Barbados
without any contract and so not insured, and after three
months service burned in the commander's absence by the
carelessness of the seamen impressed into her at Barbados.
The loss to the master and owners is estimated at 5000Z.]
[p. 294. H 2.]
470 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668.
[773.] WhitehaU, 6 May :
[The memorial of the Dutch Ambassadors regarding the
surrender of Surinam is referred to the Committee, the King
declaring] that in the interim he will have all stipulations
punctually observed. [p. 296. Tf 1.]
[774.J WhitehaU, 15 May :
^Maryland. [Lord Baltimore's answer to the petition of Thomas
Gookin having been read, it is ordered] That the said Mr.
Gookin have a Copy of his Lordshipps Answer, and make his
Reply therevnto in writing, especially vnto two points thereof,
vizt. whether he had any Lycenee for sayhng to Mary-Land
contrary to the Act for the encouragement of Trade, or any
Dispensation made thereof at this Board. And next whether
the Lading was Confiscated together with the Shipp after being
permitted to Lade in that place. [p. 305. ^ 1.]
[Gookin's answer being read on 17 June, the matter is
ordered to be discussed on the 26th, when all parties are to
attend. Of this Gookin is to give Lord Baltimore timely
notice.] [p. 356. ^J 1.]
[775.] Whitehall, 20 May :
Barbados. A Letter to the Lord Willughby Governor of the Charibbee
Islands &c. ^^^lereas it is conceived necessary for his
Majesties service. That the Regiment vnder the Command
of Sir Tobie Bridges now at the Barbado's should be Dis-
banded, there being no further vse for them there at present.
Wee are Commanded by his Majestie to require your Lord-
shipp to take Care that the said Regiment be speedily dis-
banded, and that you cause the Officers and Souldiers to be
payd such Moneys as shall appeare to be really due vnto them
out of the profit ts of the 4 J per Cent, vpon Sugar reserved
to his Majestie And if that be not sufficient for payment of
them, that then you cause it to be done some other Way,
of which you are to keepe an exact Accompt, and his Majestie
doth promise to make it good to you. [p. 313. f 1.]
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 471
[776.] Whitehall, 20 May :
Vpon reading the Memoriall of the Dutch Ambassadors Surinam,
this day at the Board, his Majestie did Declare in Councill,
That the Territory of Surenam shall be restored to the States
of the Vnited Provinces or their Subjects who lately were
in possession thereof, and if the same be not allready done,
That his Majestie will give speedy and effectuall Orders for
the restitution thereof. And that satisfaction shall be given
for withholding the same after due notice given of the
Peace, and demand made for the same to be restored,
and also for Damages done since, and in every particular
right shall be done according to the Treaty, which his Majestie
is resolved inviolably to observe. [p. 313. ^ 2.]
[Another memorial being read on the 29th, the Committee
of Plantations is ordered to] draw vp an Answer vnto the
said Memoriall of the Ambassadors, and also prepare a Letter
for his Majesties Signature, strictly enjoyning the Lord
Willoughby forthwith to deliver vp Surenam vnto the Dutch
according to the full extent of the said Articles, of which
Letters the said Ambassadors are to have a Duplicate.
[p. 325. H 1.]
[777.] Ibid.
Vpon the humble Petition of Charles Modiford Esqr (this Jamai.a.
day read at the Board) Setting forth, [with reference to the
order of 13 March] That the said Oxford Fregate is neare
fitted, and the Petitioner hath accordingly Sheathed her, the
Victuall is prepared, and the Mariners ready, But the said
Order of Councill not expressing the Running-Rigging, The
Commissioners of his Majesties Navy do scruple the Ordering
the Sayles, Cables, Anchors, and Stores necessary for the said
voyage ; And Prajdng Order that the same may be imme-
diately furnished; [The Lord High Admiral is authorised
and desired to give order accordingly]. [p. 325. ^ 3.]
[On 8 July an express order is given to the Ordnance to
provide the Oxford with the usual and requisite powder and
472 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
gunners' stores, they having made difficulty to do so on the
general words of the order of 29 May.] [p. 381 ^ l.J
Barbados.
St.
Christopher.
[778.] Whitehall, 12 June :
His Majesty taking into Consideration the sad Condition
of the Barbados, by reason of the late fire, which hath Con-
sumed a great part of the principall Towne in that Island,
to prevent the Inconveniences that may from thence arise,
and for the Chearing vp of the Distresed Inhabitants and
Planters hath out of his Pious Care, and Princely Goodness,
appointed a Committee of CouncUl to sitt in the Councill
Chamber on Tuseday next the 16th of this Moneth, at 3 in
the Afternoone, Who are to Conferre with such of the Mer-
chants, and Planters, as are now in London, and with them
to Consult the best meanes for present Releife and defence
of that Island, and to that effect offerr such proposaUs and
Expedients to his Majesty in Councill, as to them shall seeme
best, in order whereunto some of the Planters and cheifely
Interested in the said Island, are hereby Ordered and required
to give their Attendance, on the said Comittee for Trade, and
Plantations, at the time aforesaid, and Mr. Champante, Agent
for the Lord Willoughby is hkewise required to Attend.
[p. 348. TI 2.]
[C.S.P. II. 1768.]
[779.] Whitehall, 19 June :
Vpon reading the Letters and Protest of the Lord Wil-
loughby, Concerning the Refusall made of the Dehvery of
St. Christophers &c. It was Ordered that the Lord Arlington
do prepare a Letter from his Majesty to the French King,
together with a Narative of the Refuseall, and Copy of the
protest, demanding anew the Restitution of that part of
St. Christophers the Treaty of Breda enjoyns, with Reparation
for the Delay and the punishment of Officers of the French
King that have refused to obey his Orders, And to send this
Dispatch to the Earle of St. Albans, requiring his Lordship
to SoUicite an answer. [p. 357. ^ 2.]
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 473
[780.] WhitehaU, 26 June :
[The Council refer to the Farmers of the Customs] The Barbados
Petition of John Harris Merchant . . setting forth, That
the Petitioners (amongst others) having Suffered in the late
Lamentable ffire at the Bridg in Barbados, hath hired in
Holland the Shipp Endracht whereof John Johnson is Master,
to make a Voyage thither with Timber, and other Materialls
and necessarys for Building that place, there to relade, and
returne with her Lading directly for the Port of London, That
the Petitioner hath Endeavoured to procure a shipp for that
purpose here, but in regard all Shipping proper for Trans-
porting Timber, are Employed for fetching it for the use of
this City, none are to be had. And Praying Lycence for the
said Shipp to goe to Barbados and returne againe, to this
Port with her Ladeing. [p. 350. If 1.]
[781.] Ibid.
[Letters to the Sheriffs and Justices of the Peace of the xobacco
counties of Gloucester, Worcester, Hereford, Monmouth,
Warwick, Salop, Oxford, York, Essex, and Flint, ordering
the utter destruction of all English-grown tobacco.] The
said Justices of the Peace are likewise required to Issue forth
their Warrants to the Head Constables of euery hundred within
the said county and they to the petty Constables, That they
make a just returne upon Oath attested by one sufJQcient
man or more of each Towneshipp, of the Names of the Owners
of the Ground so planted ; [and the Sheriffs and Justices of
the Peace are to make a similar report in writing to the
Board.* [p. 361.]
[782.] Whitehall, 1 July :
[On hearing counsel for Lord Baltimore and for Thomas Maryland.
Gookin], it appearing on the one side, That the said
* On 9 September, such a report is furnished to the Board by the High
Sheriff of Yorkshire and referred to the Officers and Farmers of the Customs,
who are to attend the Attorney General and arrange for speedy prosecution
of the offenders. [VIII. p. 5 It 1.]
474 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668.
Mr. Gookin had traded [to Maryland] contrary to the Act
of Parhament in that behalf, And without any Dispensation
from his Majesty, But on the other side, That the Judge-
ment given in the Court there, by vertue whereof the
said Governor sold and disposed of the said Ship, was
erroneous, And it being deposed upon Oath by John
Gilson Master of the said Ship the HopeweU, That the said
Governor did promise before the Entry of the said Ship, or
that any of the Goods were put to sale, that they should be
allowed freely to trade in that Country without molestation.
And that afterwards he caused the said VesseU to be seized and
condemned. His Majestie upon consideration of the whole
matter thought not fit to proceed to a Determination thereof,
untill the Governor shalbe heard as to that Accusation. [Six
months are therefore allowed the Governor to inform
his Majesty of the true state of his proceedings in the matter.]
[f. 369. ]I 2.]
[783.] Whitehall, 8 July :
Barbados. A Letter to the Lord Willoughby of Parham Governor of
the Barbados. Wee here enclosed transmit unto your Lord-
ship a Copy of the Petition of NathanieU Kingsland of the
Island of Barbados Complajming of his hard usage at Surinam
by your Son Lieutenant GeneraU Henry Willoughby, who not
only expelled the Petitioners Tenant from that place, but
disposed of the Petitioners Goods, seized his Estate, and sold
it to a Dutchman, and that addressing himself to your
Lordship for Releife, but not obteyning it, your Lordship im-
prisoned him for taking such Course therein as the Law pro-
vides. Which strange Method of Proceedings (if the Allegations
be true) being very much dishked by his Majesty He hath
commanded Vs to signify unto you, as Wee do hereby. That
it is his expresse Will and Pleasure, That your Lordship take
into consideration the said Matter of Complaint, and cause
speedy Justice to be done therein. And if the Petitioner shall
not be satisfyed with what your Lordship shall determine.
His Majestys further Pleasure is, That the Petitioner be
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 475
permitted to endeavour the Recovery of his Right by Law,
according to the use and Customes of that Island, wherein your
Lordship is to suffer him to proceed without any molestation
or Prohibition, And to permit the Ministers of Justice there,
and others whom it may concerne at the Petitioners Request
to cause Processe to be issued out, and such Proceedings to
be had thereupon as the Justice and nature of his Cause
requires. [p. 379. ^ 3.]
[784.] WhitehaU, 13 July :
His Majestic this day in Councill having taken into Con- Barbados.
sideration the humble Proposalls of his Loyal and faithfull
Subjects the Planters and Merchants of the Island of Bar-
bados now in London, which they offered as the best
Expedients for the present Releife and Defence of that Island
upon occasion of the late sad and Raging ihre which hath
almost destroyed the Principall Towne there, And being
graciously enchned to condiscend to seuerall of their Desires,
Did for his better Information as to what remaynes most
necessary to be done for their Releife and the Defence of that
Island, Order, That it be and it is hereby referred to the Lords
Committee of Trade,
To send for and speake with some of the Cheife Planters
and Merchants here in London, and also Colonell Middleton
Surveyor of the Navy (who are ordered to attend their Lord-
ships on Wensday next) concerning the best Expedients for
the Safety and Defence of that Island, and particularly to
endeavour to prevayle with them to build a Sort in the most
convenient place for the Security thereof in case either of an
Insurrection of the Slaues or Invasion.
To take into Consideration the Planters Third Proposall
touching the Duty of 4 & J per Centum lately imposed upon
all Comoditys of the Growth of that Island exported, together
with the present State of that Duty, how collected ? and
to whom and to what uses the same is and hath been disposed,
and applyed. And their Lordships are likewise to take into
476 ACTS OF THE PRlVY COUNCIL (COLONIAL). [1668.
Consideration the Letter of Sir Tobias Bridge to his Grace
the Lord Generall of the 21th of Aprill last concerning the
Condition of his Regiment and to treate with the said Mer-
chants and Planters concerning their Pay out of the said
Duty, and whether it wilbe most expedient at present to con-
tinue or disband them. And to report the same with their
Opinion thereupon to this Boord.
To consider of the best Method of collecting and answering
the Monies which shall arise by vertue of his Majestys Letters
Patents which he is graciously enclined to graunt them for a
generall Collection within this Kingdome toward the Releife
of their Necessitys, to the end they may receiue the full benefit
thereof, without being defrauded, And to report the same
to the Boord. [p. 384. ^ 1.]
[785.] Whitehall, 13 July:
St. [It is ordered thatl seuerall Letters and Dispatches from
Christopher. '- -' ^
the French King for reinforcing his former Orders for the
Dehvery and Surrender of those parts of the Island of St.
Christophers that belong to the English in pursuance of the
late Peace concluded at Breda, [presented by Lord Arlington],
be by his Lordships Care sent forwards to the French
Governor at St. Christophers, And that his Lordship do like-
wise write to the Earle of St. Albans to insist further for
Reparation to be made to his Majestys Subjects for the
Damages they haue receiued in their Plantations there since
the times Umitted by the said Treaty of Peace.
[p. 385. 11 2.]
[C.S.P. II. 1790.]
[On the 22nd, it is ordered that these despatches be
sent forthwith], notwithstanding any Intimation or desire
his Lordship hath since receiued from the Court of ffrance
for respiting the sending of them untiU the Arrivall of
Monsieur Colbert who is coming over Ambassador from the
French King. [p. 394. ^1.]
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 477
[786.] Whitehall, 28 July :
[Vpon reading the report of the Committee, they are ordered Barbados
to meet] this afternoone at Three of the Clock in the Councill
Chamber to consider of the best meanes and expedients for
paying off Sir Tobias Bridges Regiment in the Barbados,
And also how the said Sir Tobias Bridge may be authorized,
and immediatly put into the possession of the Receipt of
that half of 4 & | per Cent, which is designed by his Majesty
to be employed towards the Support of the Governor there,
to the end, that he may pay his Souldiers Six pence per diem
and the Officers haK pay, out of the Profits of the said Duty
untill further Order, and thereupon to report their Opinion
and Advise to morrow in Councill. [p. 401. ^ 2.]
[787.] Ibid.
It was this day Ordered, That his Royall Highnes &c be Acadia,
and he is hereby desired forthwith to giue Order for the
equipping and preparing a Ketch or Advice Boate immediatly
to sayle to L'Accadie, with such Dispatches, as his Majesty
shalbe pleased to send thither.
Whereas his Majestic did this day acquaint the Boord, That
he was informed from the French Court, that Monsieur
Colbert (whom the French King is now speedily sending his
Ambassador hither) doth bring with him certaine Overtures
concerning those Countrys and Places in America, which by
the late Treaty concluded at Breda were to be deliuered unto
his Majestys Subjects, And that that Information was accom-
panied with a desire, That the Second Dispatches sent from
the French King to be conveyed to his Governor of St.
Christophers to reinforce his former Orders for the deliuery
of those parts of that Island which belong to the English by
vertue of the said Treaty might not be sent forward untill
the Arrivall here of the said Monsieur Colbert, Which implying
as if there were some delay intended by the French King in
the Surrender of those places, [Lord Arlington is directed forth-
with to] prepare a Letter for his Majestys Royall Signature
478 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
to the Governor of L'Accadie, signifying unto him his
Majestys Pleasure, That if the Country of L'Accadie be not
deliuered and restored to the French King according to his
Majestys former Letters in that behalf, That then he forbeare
and deferr the Delivery thereof, untill further Order from
his Majesty. [pp. 401-2.]
[C.S.P. II. 1808.]
[788.] Whitehall, 28 July .
West Indies. [In accordance with the reference of 29 April (c/. 741), the
Treasury report on the] Petition of Captaine John Staplehill,
and Capt. Florence O'Sullivan, . . . That the Petitioners
having been commissioned by the Lord Willoughby to raise
Companys in the West Indies for the Service of those Islands,
they conceiue the fittest way for their satisfaction to be by
his Majestys Order to the Governor of the Barbados to pay
them, or their Assignes the Twenty pounds by them demanded,
and moreover to gratefy them for their Service, Which being
read at the Boord together with a second Petition from them.
Humbly Praying, That his Majesty would be pleased to Order
them present payment of such Monys as shalbe thought fit
to enable them to discharge their Engagements and put them
in a Capacity of doing his Majesty and their Country further
Service, [the Treasury is authorised forthwith to pay unto
them] the Summe of Twenty pounds to be equally divided
betweene them for their present Subsistence in consideration
of their Services aforesaid. [p. 404. ^ 1.]
[789.] Ibid.
Barbados. A Letter to the Commissioners for the Office of Master of
the Ordnance. \Miereas it hath been represented to his
Majesty in Council, by seuerall Planters and Merchants of the
Island of Barbados now in London, That the whole Magazine
of the said Island was blowne up and destroyed by the late
sad ffire at Bridge Towne, whereby the said Island in case of
Insurrection of Slaues or Attempts by Forrainers must remaine
defenceless, and exposed to iminent danger, unlesse his Majesty
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 479
wilbe pleased to send a speedy supply thither, Which his
Majesty having been graciously pleased to graunt unto them,
Wee do in his Majestys Name and by his Command hereby
pray and require you to cause to be forthwith furnished and
provided, Two Himdred Barrells of Powder, One Thousand
ffiue Hundred fhre Armes ready fixt with small shot propor-
tionable, ffifteene Hundred Collars of Bandohers, ffiue
Hundred Pikes, Two Thousand Swords, and ffourty Culverin
and Demy Culverin with such quantitys of Ball, as you shall
judge sufficient for them, And the same and every parcell
thereof to cause to be dehuered to Mr. John Champante to be
sent with all speed into the said Island for the Defence
thereof. [p. 404. ^ 3.]
[On 5 August the Council approves the Ordnance estimate
of 4502Z. 17s. 5d. for these stores, and orders the Treasury
to pay that sum to Colonel William Legge, Lieutenant of
the Ordnance.] [p. 417. Tj 1.]
[790.] Whitehall, 29 July :
[A letter to the Lord Willoughby, to be communicated to Barbados,
the representatives of Barbados. His Majesty is sending
the above-mentioned stores], But considering how little
availeable the same may be to the ends designed, there being
not any Place of considerable strength for the preservation
or keeping thereof, or for security of the said Island in case
either of Insurrection of Slaues, or Invasion by a fforraine
Power, Hath commanded Vs to pray and require your Lord-
ship to acquaint the Representatiues of that Island that his
Majesty thinkes fit, on consideration of their owne Safety and
Advantage to advise and Counsell them to cause a ffort to
be erected and built in such place of the said Island as they
shall judge most convenient and proper for the Defence and
Security thereof. And your Lordship is further to signify
unto them, That his Majesty is graciously pleased to giue them
Liberty to furnish themselues in either of his Kingdomes of
England Scotland or Ireland and in the Isles of Jersey and
480 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
Guernsey with Servants for the better enabling them to carry
on the Trade of the said Island, So as thereby they violate no
parts of the Acts for Navigation and Encouragement of Trade
by countenancing or contriving any Commerce or Trade
betweene the said Plantations and the Kingdomes of Scotland
or Ireland, and the Islands of Jersey and Guernsey but for
Servants only. [p. 409. ]| 2.]
[791.] WhitehaU, 31 July
West Indies. Whereas his Royall Highnes the Duke of Yorke Lord High
Admirall of England having this day represented to the
Boord, That there are some few Seamen who haue been
maimed and lost their Limbs in his Majestys Service in the
late Expeditions against the Dutch and ffrench in the
Leeward Islands Do humbly craue a Pension out of the Chest
of Chattham, which the Governors thereof conceiue they
cannot allow unto them AUeaging it to be contrary to the
Rules and Constitution of the Chest to releiue any out of it,
that at the time they were wounded did not pay to it. And
therefore his Royall Highnes desiring his Majestys Directions
how the said Poor Men should be provided for, [such a
yearly pension is ordered to be paid them out of the moneys
assigned for the ordinary expense of the Navy, and in such
manner and proportions, as if they had contributed to the
chest and were to be paid out of it]. [p. 412. ]| 1.]
[792.] Ibid.
Barbados. A Letter to the Lord Willoughby Governor of the Bar-
bados. [Despite the Order of 20 May] for the speedy dis-
banding of Sir Tobias Bridge his Regiment . . his
Majesty finding by the delayes and difficultys the firench King
makes in surrendring the Island of St. Christophers according
to the late Treaty concluded at Breda, That it wilbe requisite
for his Service That the said Regiment be kept together for
the Security of that Island artd the rest of his Majestys
Plantations there. Wee do therefore by his Majestys
1668.] ACTS OP THE PRIVY COimCIL (COLONIAL). 481
Command pray and require your Lordship That if the said
Regiment be not akeady disbanded, you forbeare to put in
Execution the Directions formerly given you for the same, And
that you giue your best Assistance to Sir Tobias Bridge in
continuing the said Regiment on ffoote in the said Island
untill his Majesty shall otherwise dispose of them, And to
the end the same may be effected with the least charge and
Expence to the said Island, That is possible, His Majesty is
pleased to allow. That the said Regiment be paid out of that
part of his Majestys Duty of 4 & i per Cent which is designed
to be employed for the Support of the Government of that
Island, and in order thereunto hath commanded Vs to signify
unto your Lordship, That he hath authorized and appointed
the said Sir Tobias Bridge to collect and receiue the same
both in the Barbados and the rest of the Leeward Islands,
wherein it is his Majestys Pleasure, That your Lordship afford
him your utmost Assistance, and cause him to be immediatly
put into the possession of the Receipt of that Duty, which he
is to employ to pay off the said Souldiers according to such
Rules, as by his Majestys Command wee haue sent him. And
for the more regular Proceeding therein your Lordship is
hereby authorized to appoint a Comissary for mustering the
said Regiment which Sir Tobias Bridge is to pay according
to the Muster RoUs, And the Residue of the said Duty of
4 & J per Cent, the said Sir Tobias Bridge is to dispose towards
the necessary charges of the Government there, and Satisfaction
of such Debts in Course, as haue been contracted for the
Services of the said Island, according to such Orders and
Warrants, as haue been issued by your Lordship and CounciU
there for securing the payment thereof en that Duty. Wee haue
appointed him to giue an Account to your Lordship every
3 or 6 Moneths both of his Receipts and Disbursements And
Wee are further to signify unto your Lordship That his
Majesty expects, that you forthwith transmit unto this Boord
an Account of the whole state of the Duty of 4 & J per Cent
since the time of your Lordships Government there.
[p. 412. 1 3.]
31
482 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
[A letter to Sir Tobias Bridge, repeating the above in-
structions with regard to the 4 J per cent duty. The rate of
of pay for the regiment is as foUows :] To the Comission
officers half pay, To a Serjeant Ten pence per diem, To a
Corporall 8d. per diem, To a Drummer Sd. per diem, and
to the Common Souldiers Six pence per diem. [p. 413. ][ 1.]
[793.] WhitehaU, 5 August :
Barbados. Vpon reading this day at the Boord a Letter from Sir
Tobias Bridge and another from the Officers of the Regiment
under his Command in the Barbados, Setting forth the neces-
sitous Condition both themselues and the Common Souldiers
are reduced unto for want of Pay and Cloathes, [the letters
are referred to the Committee for consideration and report,]
And in order thereunto some of the Merchants trading to the
Barbados and also the Persons employed by Sir Tobias Bridge
to soUicite Supplys are hereby required to attend their Lord-
ships to morrow at Three of the Clock in the afternoone.
[p. 416. Tl 2.]
[794.] Whitehall, 7 August :
Barbados. A Letter to the Lord Willoughby of Parham, His Majesty
having heard your Letter of the 30th of May last read to
him in Councill, which intimating a Desire your Lordship
hath to returne for England, as being perswaded it would
be more effectuall for his Majestys Service in those parts,
through the Observation your Lordship hath made there by
your owne Experience, then your stay cant at present any
waies contribute to their Advantage, His Majesty hath been
pleased to condiscend unto your Request, And hath com-
manded Vs to signify unto you, That your Lordship taking
Care to leaue the Government and Charge of those Islands
and other Affaires there under your Lordships Inspection and
Command in the best hands and Posture you can. His
Majesty is pleased hereby to giue your Lordship Leaue to
returne into England, when you shall judge it convenient.
[p. 417. II 4.]
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 483
[795.] Whitehall, 14 August :
[On the report of the Committee,] the Rates Proposed Barbados.
for provision of Cloathes for the Regiment of Sir Tobias
Bridge, in his Majestys service in the Island of Barbados, the
Quahty and Goodness of the said Cloathes according to those
Rates, [are referred foi examination and report to Sir Peter
Colleton, Major Edmund Andros, and Captain James Cotter.]
[f. 430. II 3.]
[C.S.P. II. 1824.]
[Upon this report, on the 19th, it is recommended to the
Treasury] speedily to prouide the Summe of One Thousand
Thirty five Pounds, and to Cause the same to be Issued for
Paying for Cloathes for the said Regiment, according to the
said Proposal! and Report, and that their Lordships take Care
that the same be Defalked out of the souldiers Pay of that
Regiment. [p. 432. ][ 2.]
[796.] Ibid.
[On a report from the Committee, the Treasury is] Barbados.
Authorised to cause the sume of Thirty pound apeece to be
paid to each of the 4 Ofl&cers of Sir Tobias Bridge his
Regiment who lately came from the Barbados (vizt) Major
Edmund Andros, Captain James Cotter, and Captain Thomas
Mallett, and Capt. John Rodney, [care being taken] that the
said Sumes be Defalked out of their respective Pay.
if. 430. H 5.]
CHARLES II. VOLUME VIII. (2 Sept. 1668-28 Sept. 1669.)*
[797.] Whitehall, 4 September :
[Warrant to the Marshal of the Admiralty to take into Surinam,
his custody] Major Needham and several EngHsh Mariners
taken Prisoners neare Surinam by the Dutch, [who] are now
* Cover of Begister wrongly gives 28 Oct. 1669.
484 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668.
brought over by Order of the States GeneraU, and now
remayne on Board a certain States Man of Warr neare Graves-
end ; [and on receiving them from the Dutch Ambassador to
wait on Sir WiUiam Morice for further orders], [p. 3. ^ 3.]
[On the 9th] Major Needham and divers others, [who] are now
in Custody of the Marshall of the Admiralty, . . . having
found good Bayle, The said Marshall (with them) is to attend Dr.
Exton Surrogate to the Judge of the Admiralty, who is hereby
directed and authorised to take sufficient security for their
respective appearance whensoever they, or any of them shall
be summoned to attend the Board, or either of his Majesties
Principal! Secretaryes of State, wherevpon the said Marshall
is to release them from their Imprisonment, And the Marshall
is hereby required to take a Note in Writing of the Places of
the Habitation, or Lodging of each of them, as also of their
Bayle, that so (vpon any occasion) he may readily finde them,
and that he deliver to the Gierke of the GounciU attending
a Copy thereof. [p. 5. ^ 2.]
[On the 28th, A memorial from the Dutch Ambassador
and a petition of Major Needham having been read, it is
referred to the Committee for Foreign Affairs to determine
what answer should be given to the Ambassador before the
prisoners are set at Hberty.] [p. 40. ^ 2.]
[798.] Whitehall, 21 September:
Jamaica. Charles Modiford Esqr on the behalfe of Sir Thomas Modiford
Baronett Governor of the Island of Jamaica, Setting forth,
That his Majestic by his Letters of Privy Scale Dated the last
day of March in the 17th yeare of his Reigne did Order and
Direct the late Lord Treasurer to pay to the said Governor
or his Assignes the summe of two thousand ffive hundred pounds
per Annum, for the defraying of the Expences of the Island
according to an Establishment thereof made ; [express order
is given for the regular payment of this sum, which the
Treasury had refused because Jamaica was not comprised in
the estabHshment of 22 July]. [p. 21. ^ 3.]
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 485
[On the 26th, the estabhshment of Jamaica is provided
for in a supplementary hst of his Majesty's expenses and
issues which includes several matters omitted in the Order
in Council of July 22nd.] [p. 36. ^ 2.]
[799.] WhitehaU, 21 September:
A Memoriall of the French Ambassador being this day read St.
at the Board relateing to the restitution of the Enghsh part
of the Island of St. Christophers in America, His Majestic
thought fitt to Declare, That an Answer be given in his
Majesties Name by his Principall Secretary of State to this
effect.
That he wholy rejects the second Proposition made by the
Ambassador concerning an Exchange to be made for the
Enghsh part of that Island, which he expects, according to
the 7th Article of the Treaty at Breda, shall be restored to
him. That he cannot but wonder at the great delayes which
have been made in it hitherto, by reason of which, his Majestic
and his Subjects have suffered very much losse and Dammage,
And that his Majestic caimot thinke fitt to proceed in any
new Treaty tiU that former one be fully executed.
That as to such Estates and Goods as were duly bought of
the Enghsh in that Island, It is not meant that they should
be restored to the particular Owners tiU the Purchasers have
received their reimbursement ; but as to the other Conditions
insisted on by the Ambassador His Majestic doth not finde that
they are conteyned in the Treaty, and therefore ought not to
cause any delay in the execution of that Treaty, which his
Majestic doth hereby direct the French King be again pressed
in by the Earle of St. Albans and that his second Orders for
the Rendition of the said Island be restored to their fuU force,
and his Majestic receive Duphcats of the same. [p. 22. ^ 2.]
[C.S.P. II. 1844.]
[800.] Whitehall, 29 September :
Whereas by Order of the 23th of October 1667. a Tem- New York.
porary permission for seven yeares with three Shipps onely,
486 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668.
was granted vnto the Dutch freely to Trade with the Inhabi-
tants of New Yorke in America, and that no Passe Lycence
or permission should at any time be given to any greater
Number of Shipps ; Vpon reading this day at the Board the
humble Petition of James Cousseau of New- Yorke in America
Merchant, Praying, That (in regard he is a Denizon of the
said Place, and that he is Owner of an EngUsh Vessell for-
merly called the Hopewell, now the Port Albany, Enghsh built,
but now in Holland) he may be permitted to passe from
Holland to New Yorke aforesaid, or any other place in his
Majesties Dominions with any Goods or Merchandize not
Prohibited, and returne to Holland, or any other Port in his
Majesties Dominions, and to enjoy such Priviledges as his
Majestie hath been gratiously pleased to grant vnto some
others [The Duke of York is authorised to grant the petition
if three passes are not already issued.] [p. 49.]
[801.] Whitehall, 2 October :
Barbados. [A copy of the petition of Dame Frances Brereton and
Dame EUzabeth Jones, sole daughters and heirs of Francis
Lord WiUoughby of Parham deceased is to be sent to
Mr. Champante agent to the said late Lord WiUoughby ;
all parties are to attend on Wednesday next when further
order will be given.] fp. 53. If 1.]
[On 30th Oct. no answer having been returned by Mr.
Champante, the parties are ordered to attend the Board
on 6 Nov.] Ip. 88. ^[1.]
[802.] Whitehall, 9 October :
Plantation This Board being- Informed, That divers Ships goe from
severall of his Majesties Plantations to Tangier, and there
Trade contrary to Lawe, [the Committee is ordered to meet]
on Thirsday the 15th of this instant at Three in the after-
noon, and take the said busines into Consideration, And it
was Hkewise Ordered, That some of the Officers and Farmers
Trade.
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 487
of his Majesties Customes, as alsoe Sir Peter Colleton, Mr.
JoUifE, Mr. Bushell, and other Principall Traders to the Plan-
tations doe then attend their Lordshipps. [-p. 56. ^ 2.]
[803.] Whitehall, 9 October:
Major William Nedham, late Commander, and Seyerall Surinam.
Mariners of the Sloope called the Two Brothers (now Prisoners
in the Marshalseys Suthwark) by their humble Petition, sett
forth, That they lye in Prison, and want subsistence to keep
them from starveing, and Praying to be sett at Liberty, It
was Ordered, That aU and every of the said Maryners be forth-
with released from their Imprisonment without Bayle. And
that the said Major Nedham (he giveing security to appeare
at this Board when thereunto required) be alsoe discharged.
For which this shaU bee to the Keeper of the said Prson of
the Marshalseys sufficient Warrant. [p. 57. Tj 1.]
[804.J Whitehall, 16 October :
A Letter to the Govemour of Jamaica. His Majestic Jamaica,
haveing seen the severall Species of Pepper, Cloves, and other
Spices, that the Island of Jamaica, doth produce, and con-
sidering of how great Advantage the Cherishing and Pre-
serving the Plants and Trees on which they grow, cannot but
esteem it worthy of his Care to incoiirage by all possible meanes
the Preservation of such Plants, so as that neither by Ignorance
or Wast those Spices or any other should be distroyed ; Hath
thereupon Commanded us to signify his Expres Pleasure that
you imploy your self with aU diUgence to preserve the Trees
and Plants, upon which any Pepper, Cloves, or any other Spices
grow, and to encourage the Planting and Cultivateing of the
same, and not to suffer any Plants or Trees of those kindes,
or any other Aromaticall Spices to be carelesly put downe or
destroyed, seeing the Preservation of them conduceth so much
to the good and profit of that Plantation in Particular, and
may be of great advantage unto Trade and Commerce in
Generall. And wee doe further Pray you, That as any New
Plants of that nature come to be discovered, you from time
488 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
to time send some of the severaU Species, to the Clerk of the
Council attending, to be by him presented to the Board, and
that you make triaUs and take the best care you can by Culti-
vateing and Transplanting to Improve them to Pubhque
Benefitt ; So not doubtmg but this Intimation will have the
particular Effect, Wee bid you heartily Farewell.
[p. 63. ^ 1.]
[805.] Whitehall, 21 October :
Barbados. Vpon Reading this day at the Board the humble Petition
of Edward Bradbourne of Barbadoes Merchant, Setting forth,
That the Petitioner about 5 yeares last past commenced
a Suit in the said Island against one James Beake to have an
Account of the Produce of the Petitioners Plantation called
Hilcotts in that Island, of which the said James Beake had for
above Two yeares next before been BayhfE ; And had received
Fourty Eight Pipes of Madera Wine, Elephants-Teeth, Gold-
Dust, Negroes, and other Merchandizes of a very great value,
for which he was to Accompt with the Petitioner but refused
soe to doe, with intent to defraud the Petitioner of all the
Premisses Committed to his Mannagement, untill an Action
Commenced against him by the Petitioner, when the Peti-
tioner and the said Beake being to Account before Auditors
(by Order of Court) Your Petitioner being then sick, and not
able to Attend to contradict his imjust Accompt, Yet the
said Auditors did proceed, and take the said Beaks Accompt
Ex parte onely, without Contradiction, Whereupon the Peti-
tioner before any Report from the said Auditors was made
became Nonsuited in his owne Action, notwithstanding the
said Auditors, at the Instigation of the said Beake to proceed,
and afterwards in Court, contrary to all Law, truth, honesty,
and good conscience did Report the said Beake to owe
nothing. But the said Plantation Produce to be all devoured
with what before named, and the Plantation to be Debitor
in Two Hundred Ninety Seaven Thousand Seaven hundred
Fifty Two Poundes of Sugar, upon which groundles, and
Erronious Report, the said Beake hath brought his Action
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 489
and obteyned Judgment. And the Petitioner Praying releife
therein, Vpon mature Consideration, [a true copy of the peti-
tion is ordered to be sent to Lord Willoughby of Parham
who is to take care that speedy justice be done to the
petitioner. If the complaint appears well-grounded and no
reUef has been given, the Board is to be acquainted with
the true reasons thereof, that further order may be made,
upon the petitioner's further appUcation]. [p. 68. ^ 2.]
[806.] WhitehaU, 30 October :
[License is granted to John Knight and Company, mer- Leeward
Islaiiids
chants of Bristol, to export for the supply of the plantations
in the Leeward Islands a hundred and fifty horses, on paying
the usual duties, and giving security not to transport any of
the horses to any other place and to bring back a certificate
that the horses have been landed accordingly.]
[p. 84. 11 2.]
[807.] Whitehall, 4 November :
[The Council refer to the Committee for examination and West Indies
report] a Letter from the Lord Willoughby of Parham his
Majestys Governor of the Charibee Islands of the 11th of
August last, and also 2 other Letters from his Lordship sent
hither by his Son. [p. 91. 1| 2.]
[808.] Whitehall, 11 November :
A Letter to Sir WiUiam Berkeley Governor of Virginia. Virginia
Whereas Daniell ffairvacks of London Merchant Did by his
humble Petition to his Majesty in Councill complaine. That
Edmond Scarborough of Virginia Merchant, being indebted
unto him upon Bond in the Summe of Seaven Hundred ffourty
Three pounds Thirteene shillings for seuerall Goods furnished
unto him for his Plantation there and also Thirty One pounds
Thirteene shiUings ffour pence more lent unto him in Goods
for his better proceeding in his Voyage, both which Summes
he promised faithfully to pay and discharge when he should
arriue in Virginia, yet notwithstanding he hath been many
490 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
yeares there, and enjojring a Plentifull Estate hath neither
paid or secured the_]^said Debts to the Petitioner but on pur-
pose to avoid the same hath aetled his whole Estate on his
Children and others, and refuseth not only to satisfy the
Petitioner, but defyeth him and the Agents he hath employed,
threatning them with great Actions if they intermeddle therein,
So that the Peti toner is left without Remedy as to the
Recovery of the said Debts unlesse assisted by his Majesty.
[The Governor is therefore to summon Scarborough to appear
before him, and if it appear that the debts claimed are really
due to the petitioner, then to see speedy justice done him or
take security for payment of the sums in London. If Scar-
borough refuses to abide by such judgment, a full report is
to be made to the Board that further order may be taken
for the petitioner's reUef.] [p. 101. ^ 2.]
[C.S.P. 11. 1869.]
[809.] Whitehall, 13 November :
New York. [A list of matters referred to the Committee for Foreign
Affairs includes — (1) The report of the Council of Trade
touching Dutch ships that have hberty to trade to New York :]
(2) the Narrative of the state and Condition of Surinam,
together with a Letter from Sergeant-Major Banister (being
sent Prisoner from that Colony to Zealand), touching his
Imprisonment. [p. 105. ^1.]
[810.] Ibid.
Surinam. His Majesty being given to understand by a Report from
the Councill of Trade made by the Right Honourable the Lord
Arlington, That Mr. James Banister late Deputy Governor of
Surinam for his Majesty before the Surrender of that Plan-
tation to the Dutch is lately sent Prisoner into Vhssing, It
was Ordered That Mr. Secretary Trevor do forthwith write
unto Sir WiUiam Temple, his Majestys Ambassador in Hol-
land, [to demand his release, and an explanation of his
imprisonment,] With Direction to Sir WiUiam Temple, that
he send a discreet Person privately to the said Mr. Banister
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 491
to be informed by him (if it be possible) of the cause of his
Imprisonment with all Circumstances relating thereunto.
[p. 105. If 2.]
[811.] Whitehall, 13 November:
[The Council refer to the Committee the] Petition and St.
Remonstrance of seuerall Persons whose Names were there-
unto subscribed, for and on the behalf of seuerall Thousand
distressed People some time the Inhabitants of the Island of
St. Christophers. [p. 107. ^f 4.]
[812.] . Whitehall, 18 November :
Whereas the Councill of Trade haue represented to his New York.
Majesty that the Merchants are much discouraged in their
Trade to New yorke, and are withdrawing their Estates thence,
by reason of an Indulgence graunted to the Dutch by an
Order in Council! of the 23th of October 1667 to trade
thither with Three Ships for Seaven yeares, and Passes obteyned
for that purpose accordingly ; Alleaging that the same will
haue an unhappy Influence by opening a Way for fforrainers
to trade with the rest of his Majestys Plantations, and pre-
venting the Exportation of the Manufactures of England, and
thereby destroy his Majestys Customes, and the Trade of this
Kingdome, which is in a great measure upheld by the Plan-
tations, And whereas they further represent. That his Majesty
is not obliged thereunto by the Articles for the Surrender of
New Yorke, upon which the said Indulgence seemes to be
graunted ; The said Articles importing only a Liberty for the
first Six Moneths after the Rendition of that Plantation, And
do therefore desire. That the said Order of Councill and Passes
thereupon graunted may be revoked ; Vpon serious Considera-
tion, His Majesty approving of the Advice and Desires of the
Councill of Trade expressed in the said Representation
Was pleased this day to Order and comand, that The said
Order of this Boord of the 23th of October 1667 And all
Passes graunted by vertue thereof to any Dutch Ships or Vessells
to trade from Holland to New Yorke be and they are hereby
492 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
recalled and annulled, Yet his Majesty out of his Princely
Regard to his Subjects in New Yorke, who may be brought
to some distresse for want of Necessarys which probably may
not be supplyed them out of England this yeare, And reflecting
with some Clemency upon those who under the promise of
the said Passes may haue been put to charge in making ready
their Ships, Was pleased to Order, That one Ship of those now
preparing in Holland for New yorke (such as . . . the Duke of
Yorke shall appoint) shall haue Leaue to make one Voyage
thither this yeare ; and ... no other Forraine ship
or ships whatsoever . . . otherwise then according to
the Articles for Surrender thereof. And . . . That the
Governor of New yorke and aU other his Majestys Officers
whom it may concerne do take notice hereof, and cause the
same to be duly obserued. And . . That imediate Notice be
given hereof to Sir WiUiam Temple . . to the end he may take
care to haue this his Majestys Pleasure signifyed to all such
as are there preparing to send Ships or Groods unto New
Yorke [p. 112. ^ 1.]
[C.S.P. 11. 1875.]
[813.] Whitehall, 18 November:
West Indies. [The Commissioners of the Treasury report in the case of
the Pearl of Bristol, Walter Morgan commander, impressed
in the West Indies (c/. 772). All expenses for freight, stores,
and damage are recommended to be paid.] But besides the
want of Money in your Majestys Exchequer for paying such
Money here, wee conceiue it most proper, it should be paid out
of your Majestys Revenue in the Charibee Islands, and the
rather for that the Demands of the Petitioners may there be
more fuUy examined, and a better Conclusion be made with
them by the Governor with the Advice of your Majestys Coimcill
there then can be done at so great a distance from the
Testimony and the Knowledge of the whole transactions, of
which nothing appeares to us, except what is certifyed by
your Majestys Governor there, which probably may haue had
but a shght Examination, when it was supposed it should be
paid in England.
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 493
If your Majesty shall approue hereof, wee conceiue it fit,
that some Instructions in order thereunto be sent to the
Governor and Councill at the Barbados, restrayning them from
allowing more then hath already been certifyed, and that
they should (within that Summe) either by Agreement with
the party or otherwise settle the Account as low as they can,
That having so setled it, they cause Orders of Payment to
be made and Registred in Course in a Register to be kept for
Debts of this kind, to which any of the Creditors or their
Agents may freely haue Recourse to satisfy themselues that
they haue Justice done them according to your Majestys
Intentions, To which end it wilbe necessary, a Register be
also kept (to which the Creditors may also haue accesse) of
all the Incomes of your Majestys Revenues, of which a con-
venient proportion to be set apart for supporting the Charge
of your Majestys Governor there, and the Remainder to be
lyable to the payment of the Creditors abouesaid according
to the Course of the Register, Which as wee hope it may
tend to the Satisfaction of the Creditors, So wee are not with-
out hopes that it may giue occasion to the detecting of such
ffrauds as are by some said to be practised to your Majestys
Disservice there, in regard it will by this method become the
Interest of every Creditor to discover all ffrauds in your
Majestys Revenue, Since by such Abuses the pajrment of
every Mans Debt is delayed, Whitehall, Treasury Chamber,
10° Junij 1668 Albemarle. T. ChfEord. Wm. Coventry.
[The report was approved by his Majesty, and Lord
Arlington was ordered to cause a letter and instructions in
accordance with it, to be prepared for his Majesty's signature
and sent to the Lord WiUoughby.] [p. 114. ^ 2.]
[C.S.P. II. 1873.]
[814.] Whitehall, 2 December :
Whereas Information hath been given to the Boord, That Surinam.
Mr. Roger Jones being one of his Majestys Subjects (employed
to Surinam by the Lord WiUoughby with Orders and Instruc-
tions for the Delivery thereof to the Dutch) is deteyned
494 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1668.
Surinam.
St.
( 'hristopher.
Plantation
Trade.
Prisoner, and continues at present on board a Dutch Man
of Warr, now lying at the Isle of Weight, And that the
Commander of the said Ship (being thereunto desired) doth
refuse to dehver the said Roger Jones on shoar, [Lord
Culpeper, Governor of the Isle of Wight, is directed forth-
with to] giue Directions to his Deputy Governor to secure
the Captaine of the said Man of Warr, and not suffer him to
depart untill the said Roger Jones be sett at Liberty.
And if upon further Examination . . it shall appeare,
that he hath any waies misbehaued himself, his Majesty will
cause him to be severely punished.
[Lord Arhngton is at the same time instructed to acquaint
Sir WiUiam Temple, ambassador in Holland, with the
measures taken.] [p. 128. Tflj 2 & 3.]
[815.] Whitehall, 4 December :
[Lord Holies, Lord Ashley, and Sir John Trevor are directed
to draw up an answer to the Dutch Ambassador's memorial
as to the Dutch man of war detained at the Isle of Wight.]
[p. 130. H 3.]
[816.] Ibid.
The Draught of an Answer to the French Ambassadors
Memorial prepared by Dr. Jenkins Judge of his Majestys High
Court of Admiralty touching the Surrender of St. Christophers,
was read at the Board and approued. [p. 130. ^ 4.]
[817.] Whitehall, 11 December :
Vpon reading this day at the Board the humble Petition
of Jacob Lucy Merchant Owner of the Shipp Catherine of
London Setting forth That in the yeare 1661 the said Shipp
was Built in parte at the Port of Dunkirke by the late Lord
Willoughby of Parham and Sir John Harlow, with severall
Materialls brought from England, and by them afterwards
finished in the Port of London as Appeared by an Affidavit
of Mr. Champante, then Ukewise read, That the said Shipp
hath ever since Traded to and from his Majestys Plantations
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 495
to the Port of London as an English Built Shipp without
Interruption But being now dayly expected to arive from the
Barbado's the Officers and Farmers of the Customes do make
some dificulty of accepting the said Shipp with the hke
Priviledges as shee hath formerly enjoyed, in regard the Port
of Dunkirk is not particularly mentioned amongst the Places
in the Act for Navigation wherein Shipps that are built are
to be Accounted Enghsh Built. And the Petitioner most
humbly Pra3dng That his Majesty would be pleased to give
Order that the same Shipp might be Entred as an English
Built Shipp, His Majesty taking the same into Consideration,
as also that the Port of Dunkirk did at the time of the building
of the said Shipp belong vnto his Majesty [grants the
request,] Whereof the said Officers and Farmors are to take
notice, and cause the said Shipp to be Registred in the Custome
House and Certificate made thereof accordingly. Provided
That by reason of this Concession the said Farmers do not
demand, or Expect any Defalcations from his Majesty upon
the said Farme. [p. 139. ^ 1.]
[818.] Whitehall, 4 December:
[The Committee for foreign affairs are ordered to] meet St.
1 1 . , . . T 11 1 1 T p Christopher.
and take into their consideration, as well the last Letter from
the French King relating to the Dehvery of St. Christophers
as also the former Letter and aU other Papers, Articles and
Acts which Concerne the said Restitution, and vpon the whole
Matter to draw vp in writing what shaU be thought fitt to be
given in Answer to the French Ambassador, Leaving the
adjusting of all differences which may Concerne the full
Execution of the Treaty, to Commissioners to be Appointed
by both Kings. [p. 139. ^ 2.]
[819.] Ibid.
Vpon reading this day at the Board the humble Petition New York.
of Ohver Stuyvesant, Van Cortlant, Gerrit, Shktenhorst,
Jaques, Couseau, and divers others his Majestys sworne
Subjects of the Dutch Nation, Inhabitants of New Yorke in
496 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
America, in behaKe of themselves, and many more his
Majestys Loyall Subjects now residing in New Yorke. Setting
forth, That upon confidence of the Continuation of his Majestys
Order of Council! of the 23d of October 1667 for hberty for
Three Shipps yearly to Trade to New Yorke with the Peti-
tioners-his Majestys Subjects in those parts, the Petitioners
transported themselves to Holland this last Summer upon
no other designe then the Setleing their former Accompts, and
Propogating the Trade of those his Majestys Dominions, to
which end they freighted a Shipp called the King Charles,
which hath laine in the TexeU many dayes ready to sett
sayle ; But the Petitioners having receiued by Order from
his Royall Highness, a Copy of his Majestys result in Councill
of the 18th of November last, for recalhng his Majestys
permission aforesaid, and restraining the Number to One
Shipp for this Yeare, the said Shipp the King Charles was in
obedience to his Majestys Commands Stopt to the great
Dammage of the Petitioners. And one of the Three Shipps
permitted to Trade as aforesaid being gone before the Sig-
nification of his Majestys pleasure Arived at Amsterdam, the
Petitioners most humbly Prayed That their said Shipp with
her Goods, and Cargo, fitted for the Voyage aforesaid may
enjoy the priviledge of his Majestys said Gracious Indulgence :
[the Duke of York is authorised and desired to grant a pass
for the said ship to make one voyage and no more to New
York this year only, and to return without hindrance].
Ip. 140. If 1.]
[C.S.P. II. 1885.]
[820.] AVhitehall, 11 December:
Nevis. . . ColloneU James Russell Gouernor of his Majestys Plan-
tation in Nevis, his Counsell, and the Gentlemen of the Asembly
there, acknowledging their fault in receiving Supplys of Pro-
visions and other necessaryes from the French (being
necessitated thereunto by extreame Want) contrary to the Act
of Trade and Navigation, and humbly imploring his Majestys
Gracious pardon for their Misdoings, His Majesty was
1668.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 497
Graciously pleased of his princely Compassion to [grant them
free and full pardon and absolution from all penalties and
forfeitures]. [p. 140. ^ 2.]
[821.] Whitehall, 16 December:
. . Sir Robert Vyner, Sir Edward Hungerford, Sir John Hudson's
Robinson and others Adventurers to Hudsons Bay. Setting
forth, That whereas his Highness Prince Rupert, the Duke
of Albemarle and others did the last yeare Resolue to send
a Vessell to Hudsons Bay to finde out a New Trade, and to
make other discoverys which would proue of advantage to
his Majesty and this Kingdome, for the better carrying on
whereof his Majesty was Gratiously pleased (upon their humble
Application) to lend them the Eaglet Ketch for their first
Expedition, And whereas accordingly the said Vessell was
sett out, and proceeded onward the Voyage very farr, but
meeting with Contrary Windes, and a violent Tempest, was
thereby disabled, and forced to returne, and is since delivered
to the Commissioners of his Majesty Navy, shee being by
reason of the deepness of her Wast unable to endure the
violent Stormes they mett with all ; And whereas the said
Adventurers are still resolved through Gods Assistance to
prosecute the said designe as soone as the season of the yeare
will permitt. And praying That his Majesty would be pleased
to Lend them instead of the said Eaglet Ketch, the Hadarine
Pinck, Rigged and fitted, shee being a Vessell of less worth
to his Majesty and much more fitt then the other for the
said Expedition, His Majesty was Graciously pleased to Grant
the Petitioners request ... [p. 146. ^1.]
[822.] Whitehall, 18 December :
In Answer to a Memoriall presented by the Spanish Am- Spanish
A.m6nc8i
bassador Conteyning a Complaint of seuerall Violences in an
hostile way Committed by his Majestys Subjects, upon the
Subjects, and on the Shipps and Territoryes of the King of
Spaine in America, And upon reading seuerall Papers, and by
498 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1668.
the Verball Account given by Mr. Modyford It appearing that
the Shipp cheifly insisted upon by the Spanish Ambassador
was Taken before the Ratifiing of the last Treaty between
the Two Crownes, And that the Spaniards haue likewise taken
seuerall Shipps from the EngUsh, in so much that the
Violentes and Hostile Actions of the Spanjards upon his
Majestys Subjects in those parts do Exceed those of the
Enghsh vpon the Spaniards. [Lord Arhngton and Sir John
Trevor are instructed to] Acquaint the Spanish Ambassador
herewith, and leaue in his hands a Memorial of the Particulars,
which they are hereby required to see Extracted and drawne
up out of the forementioned Papers and Evidences, and in
regard the Hostihty hath been Mutuall, to Propose to the
Ambassador a totall Reciprocall Amnesty and Obhvion of all
that is past, and a setlement of Mutuall good Intelhgence
for the future, as to kind Reception into the Harbours, and
Ports, Affording all necessary Refreshments of Wood, Water,
and Victualls for their Money. [p. 15L ^ 1.]
[823.] Whitehall, 23 December :
Barbados. Vpon reading this day at the Board a Letter Directed to
Sir William Temple . . Wherein Information is given of
Two Shipps (vizt) the Shipp Mathew and Francis of London
Richard Bread Master Burthen Three hundred Tunns bound
for Barbados, upon Accompt of the Jews at Amsterdam :
as likewise the Shipp Sarah and Mary Burthen Ta\'o hundred
seaventy Tunns, Edward Burton Junior of London Master,
laden for the Barbados on Enghsh and Dutch mens Accompts
liveing at Amsterdam which are now parted from the Texell
on their intended Voyage. [Lord Arhngton was directed
to write to Lord Willoughby or his Deputy] that he seize
the said Shipps, or any others that shall come to Trade in
any of his Majestys Plantations under his Command from
any Forraigne Parts Contrary to the Act of Navigation.
[p. 156. Tl 2.]
[C.S.P. II. 1895.]
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 499
[824.] Whitehall, 8 January :
[On the report of the Duke of York that the Hadarine Hudson's
pink is employed in his Majesty's service and not available ^'
for the voyage to Hudson's Bay, it is ordered that another fit
ketch be rigged, fitted, and placed at the disposal of the
adventurers.] [p. 166. ^ l.j
[825.] Ibid.
[On the Treasury report in the case of the William awcZ New York.
Nicholas (cf. 758), the petition and report are referred to the
Commissioners of the Navy] to Examine what Agreement was
made with the Petitioner by his Majestys said Commissioners
for the Affaires of America, And what authority they had to
make such a Contract. [If it appears that there was sufficient
authority for making the contract, the Treasury report is to be
pursued in every part thereof : but if not, the state of the
whole matter is to be reported to the Council that further
order may be given.] [p. 166. ^ 2.]
[826.] Whitehall, 20 January :
[Vpon reading a report from the Committee] vpon severall Plantation
Representations of the Commissioners for Tangier, Relating
to the future Regulation of the Gouernment and Trade of
that Place. It was Ordered That . . Lord Arhngton
do propose to the Councill of Trade, for their serious
Debate, and Consideration whether it be for the benefitt and
Advantage of the Trade of this Kingdome, and of his
Majestys Plantations, That it may be free for all our Plan-
tation Shipps from the West Indies to come and Unlade at
Tangier, paying besides the Duty of the Port, such Customes
as ought to remayne unto his Majesty upon the Exportation
of them, in Case they Landed them in England, And to desire
their Opinion thereupon. [p. 178. ^ 3.]
[827.] Ibid.
His Majesty this day takeing into Consideration the great Plantation
importance the Trade of his severaU Plantations is xmto his
500 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
Majesty and his Kingdomes ; And being Informed that seuerall
Governors of the said Plantations haue been Wanting to their
Duty in the particulars following, As
1. That the said Gouernors haue not taken the
Oath enjoyned by the late Act, Intituled an Act for
Increasing and Encourageing of Shipping and Navigation.
2. That Shipps haue been permitted to Trade to
and from the Plantations not qualifyed according to Law.
3. That there hath been an Omission of takeing
Bond, and Sufficient security, and returning those Bonds,
according as is Directed by the seuerall Acts of ParUament.
For Redress whereof It was this day Ordered by his
Majesty in Councill That the Farmers of his Majestys Customes
do, and they are hereby required (at their owne Charge) to
send ouer or make Choice of upon the Place, and from time
to time Commissionate and Maynteyne One or more Person
in each Plantation (whom his Majesty shall Approve and
Authorise) to administer the usuaU Oath enjojmed by the said
Act for increasing and encourageing of Shipping and Navi-
gation, to the seuerall Governors of his Majestys Plantations ;
And to take especiall Care that the Acts for preventing Frauds,
and Regulating Abuses in his Majestys Customes, And the
Act for Encourageing Trade, be putt in full and Dew
Execution, And that no Shipps or Vessells be admitted to Trade,
or suffered to Lade, or Unlade in any his Majestys said
Plantations, before the said Officer haue the perusaU of the
Passes and Certificates, and be Satisfied of the truth of the
same, And that according to the said Acts such Shipp or Vessell
may freely Trade there, and the same testify in Writing As
also that no Bonds or Security be admitted of without the
Allowance of the said Officer in Writing. And to the end
these Directions may haue the beter effect. It was farther
Ordered That the said Farmers of his Majestys Customes do
speedily returne unto his Majesty in Councill, or vnto One
of his Majestys Principall Secretarys of State, the Names of
^uch Persons as they designe to Imploy in his Majestys
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 501
respective Plantations, not only for his Majestys Approbation
but to be Authorised to Administer the Oaths for Observing
the said Acts . . . And that the said Officers be enjoyned
to giue frequent advice unto the Farmers of their Proceedings,
and they unto his Majesty in Councill to the end if any
neglects or Offences be Committed, they may be redressed
and punished. [p. 179. ^1.]
[828.J Whitehall, 20 January :
[A letter to the Governors of Maryland, Virginia, Bermudas, Plantation
the Caribbee Islands, Jamaica, and New York, instructing
them to take the oath prescribed by the Navigation Acts in
presence of the officer sent, in accordance with the preceding
Order, by the Farmers of the Customs, and to aid him in
carrying out all his lawful instructions, whether from the
Board or from the said Farmers], that so all future ffraud
and deceipt in the managment of the Trade of that
Plantation, may be prevented. [p. 182. ^ 1.]
[829.] Whitehall, 27 January :
The Third Article of the Proposalls of the Council! of Trade Plantation
, . ,, . ^, . . Trade.
concermng his Majestys Plantations vizt.
That his Majesty will please to cause Directions to be
given to the Commanders of his Shipps, and also that any
Merchants Shipps may be Commissionated to Seize or
Arrest any Shipp Trading to his Majesties Plantations
contrary to Law.
being this day read at the Board, and taken into Consideration
It was thereupon Declared (his Majestic present in Councill)
That his Majestys Shipps, of Course, have Commission to that
purpose ; And that if any Merchants, Owners, and Masters of
Shipps shall desire such Commission, that then upon glueing
Security (with other usuall formaUtyes) . . the Duke of
Yorke . . do, and he is Authorised to Grant such Com-
missions accordingly. [p. 187. ^ 1.]
502 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
[830.] Whitehall, 5 February :
Barbados. [The Council refer to the Committee for examination and
report the] Petition of Dame Frances Brereton, and Dame
Ehzabeth Jones [c/. 801.] Setting forth, That his Majestie
by Letters Patents under the Great Scale of England did
Grant to . . Francis Lord Willoughby the Petitioners
Father, the Moyety of all Customes, Duties, Pines, Rents &c.
acruing to his Majesty in and from all or any of the Carribhe
Islands, to be receiued and enjoyed by the said Lord
Willoughby and his Assignes, for seaven yeares from the Feast
of the Nativity of our Lord in the 14th yeare of his Reigne ;
And that by his last Will and Testament the said Lord
Willoughby had bequeathed all his Right by that Grant (except
what he did by his said Will appoint for the Payment of Debts,
and Legacyes) to the Petitioners. And that his Majesty was
Gratiously pleased to appoint the Lords Commissioners for
the Treasury to take, and State the Accompts of both the late,
and now Lord Willoughby, to finde out how much of the Lords
Francis his Moyety had been during his hfe time, and since,
Imployed for his Majestys service there ; And in regard their
Terme in their Fathers Moyety expires on the 25th of Decem-
ber next. And that they hitherto haue receiued no benefitt at
all thereby ; As also because none of their said Fathers WiU,
hath beene Executed, nor any of his Debts paid. Praying That
they may be heard by their CounciU. [p. 193. ^1.]
[831.] Ibid.
Nova Scotia. A Letter from Sir Thomas Temple Knight and Baronett
Gouernor of Nova Scotia and L'acady Dated at Boston in
New England the 24th of Nouember 1668 concerning the
deUvery vp of the Country of Acadia to the French being
this day read at the Board [The letter and papers therewith
were referred to the Committee]. [p. 194. ^ 2.]
[832.] Ibid.
Barbados. Vpon reading this day at the Board a Letter of December
last from Sir Tobias Bridge from the Barbados, Repre-
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 503
senting the great obstructions and Diffioultyes he hath mett
with in Collecting, and receiueing his Majestys Moyety of the
Duty of 4J per Cent, within the said Island, according to a
Letter from this Board of the 31th of July past towards the
payment of the Regiment there under his Command, and
other vses particularly by one Nathaniell Johnson, who pre-
tends to be Deputy Treasurer to Liuetenant CoUonell William
Willoughby, who had a Commission from his Father for that
purpose ; [Lord Willoughby] is hereby required forthwith by
the first opertunity to giue Order to his Deputy Gouernor the
said Mr. Johnson and all other Persons Concerned to yeild all
due obedience to the said Order of this Board Appointing the
said Sir Tobias Bridge Receiver and Collector of the Duty
aforesaid, And also to be assisting to him therein, as there
shall be occasion, or elce that his Lordship giue in his Reasons
to the Contrary to this Board on Wednesday next the 10th
instant. [p. 197. ^ 3.]
[833.] Whitehall, 12 February :
Vpon reading this day at the Board the humble Petition Nevis.
of John Smith, a Minor, Executor to English Smith his Father
late of Nevis planter Deceased, Shewing, That according to
the true intent of his said Fathers Will, he hath taken vpon
him the Mayntenance and Education of English Smith his
Brother, And EHzabeth his Sister, and the payment and Satis-
faction of the Legacyes bequeathed by the said Will. Two
hundred Twenty foure Pounds whereof is aUready paid, And
the said Brother and Sister hath been Maintayned vpwards
of Foure yeares. That Thomas Smith the Petitioners Brother,
under CoUour of a Writing or Deed of Guift made by the
Petitioners Father, for avoyding Sequestration for Wordes
Spoken by him against the late Usurper, and for no other
Cause (as may Appeare by the State of the Case hereunto
Annexed) threatens to seize on the whole Estate of his said
Father, to the utter ruine of the Petitioner and the rest of
his Fathers Children. And therefore most humbly Praying
releifetherein. [A copy of the petition and of the state of
504 ACTS OF THE PRIVY COUNCIL (COLONIAL). 1 1669.
the petitioner's case is ordered to be delivered to Lord
WiUoughby] who is required to cause the same to be sent by
the first opertunity to his Lievtenant or Deputy Gouernor of
Nevis with Directions to him to Call the Partyes Concerned
before him, and Compose the Difference if he can, [and if
unable, to report to the Board.] [p. 209. ^ 3.]
[834.] WhitehaU, 17 February :
New York. [In the case of the William and Nicholas, on the report
of the Commissioners of the Treasury of January 8 confirming
the statements of the petitioner, but] it not Appearing to their
Lordships how longe the said Shipp was in that service, nor
what Authority the said Commissioners had to Press
Shipps, or Contract for them, [the matter was then referred
(cf. 885) to the Commissioners of the Navy, on whose
report] the Board being fuUy Satisfyed of the Truth of the
Petitioners Allegations, as allso of the Power of the said
Commissioners for Pressing and Contracting for Shipps, Did
Order [that the Treasury give directions for the payment of
the said sum of 468Z. 19s. lid. to the said Captain Thomas
Morley or his assigns, in full satisfaction for the freight and
service of his ship]. [p. 215. T| 1.]
[835.] WhitehaU, 26 February :
Nova Scotia. Report being this day made to his Majesty in Councill
by the Committee of the Board Appointed to Consider of Sir
Thomas Temples Letters Containing some Reasons, and
Pretensions by him AUeadged why Certaine Places (vizt)
Alexandria and Caledonia, (being Members of Nona Scotia)
should not be Surendered to the French King as part of
Accadie ; [Lord Arlington was directed to prepare for his
Majesty's signature], a Second Order Directed to Sir Thomas
Temple for the present DeUvery of Accadie to the French
King according to the Treaty of Breda in the very same
Tearmes and Tenor, as was the former Order, the Execution
whereof was for certaine Reasons Suspended. [p. 218. ^ 2.]
[C.S.P. III. 23.]
1669.] ACTS OF THE PEIVY COUNCIL (COLONIAL). 505
[836.] Whitehall, 26 February:
[The Committee and the Commissioners of the Treasury Barbados.
are ordered to] Appoint some speedy time to meete, and take
into Consideration the Lord William Willoughby Relation of
the State of the Island of Barbados, and the rest of the Charibee
Island under his Lordships Command ; And that they examine
the state of his Majestys Reuenue in those parts, And par-
ticularly make inquirey into the Accompts of Francis Lord
Willoughby of Parham Deceased. And . . vpon the request
of the said Wilham Lord Willoughby, their Lordships . . .
are hereby Authorised to [examine all complaints against his
Lordship with his answer thereto, and to report to the
Council with all convenient speed their opinion on the whole
matter]. [p. 220. ^ 3.]
[837.] Whitehall, 5 March :
. Major WilUam Nedham Joseph Archer, George Surinam.
Cobdayne, Jonathan Taylor, ffrancis Bagnall, Csesar Perkins,
WiUiam Low, George Angell, Wilham Coleman, Philip
Cress well, Nicholas Brodgate, Garret Brumgham Joseph
Gennings, Benjamin Penoyer John Cummings, Daniell Bryan,
Peter Mosse Richard Shepheard, Thomas Brathat, John
ffarrington, and Thomas Garret, Shewing, That they being
commissionated to go against the Indians in the Coast of
Guiana, which were and are his Majestys Enemys, did long
after the Peace made betweene his Majesty and the Dutch put
in to Water at the River of Surinam where they were all
unjustly seized upon by Admirall Crinson and without any
Cause shewed, sent into Zealand and there kept in Irons
and used with extraordinary Cruelty to their utter Ruine and
Destruction, being not able to subsist for Want. And therefore
most humbly Prajang his Majesty of his Princely Compassion
to order some Compensation to them for their present Releife,
[the Treasury is] authorized to giue Order for the payment of
Two Hundred pounds without Account unto WilUam Lord
Willoughby or such as he shall appoint as of his Majestys
506 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
free Guift and Royall Bounty to the seueraU Persons aboue-
named for their present Releife and Subsistence.
[p. 229. If 3.]
[838.] Whitehall, 19 March :
St. This day the ensuing Instructions touching the Restitution
of the Island of St. Christophers in America were read at
the Boord and approued, And It was Ordered that the same
be carefully entred into the Register Booke of Councill Causes,
as followeth vizt.
Instructions for Our Trusty and wel-beloued Sir
John Yeomans Baronet, Colonell Philip Bell, ColoneU
Samuel Barwick, Col. Wilham Sharp, and Capt. PhiUp
Pajoie whom Wee haue appointed Commissioners for the
amicably composing, or otherwise finally determining
all Differences that may arise betweene Vs, and Our good
3rother the most Christian King, and between Our
Subjects, and His upon the restitution to be made to Vs,
and Our said Subjects of the Island of St. Christophers
in America &c.
Although by the tenour of the late Orders issued by Our
good Brother the ffrench King of the 16th of January now
last past. Wee haue reason to beleiue, that the Soveraignty
of the EngHsh part of the Island of St. Christophers, will so
fully and entirely be deKuered up to Vs, upon the Shewing
those Orders to the ffrench Lieutenant GeneraU, as that no
Difference will arise thereu])on. For which indeed, the 7th
Article of the Treaty at Breda is so expresse and cleare, that
no place is left for any Difficulty or previous Condition to
be m any kind insisted on by the ffrench Yet having upon what
has passed betweene Us and Our said Good Brother in this
matter found That as to the restitution of the private Right
of Propriety and Possession, which Our Subjects had in
their Goods and Estates in that Island, before it was taken by
the ffrench, and in certaine other particulars, some Differences
are like to arise. Wee and Our said good Brother haue agreed,
that Commissioners should be constituted on each part for
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 507
the finall Determining all such Disputes, And this is the
Trust Wee haue reposed in you by virtue of Our Commission
under Our Greate Seale of England of the Date of these
presents, Not doubting of your best Care and Dihgence to
acquit your selues of it, with that good Discretion Prudence
and Circumspection, that is fitt.
1. So soone therefore as you shall haue receiued Our said
Commission, which wilbe herewith sent you, you are forthwith
to giue Notice thereof to the Sieur La Barr, or such other
Person, as shalbe found commanding in cheife in tliose
Islands for the most Christian King, and with him to adjust
a fit time and place for your Meeting with such Persons as
shalbe commissionated to treate with you on the part of the
French upon this Matter, in order to the Execution of this
Commission.
2. The great Difficulty which Wee can yet foresee will
occurre is, that which concernes the Reentry of the Enghsh
into such of their Estates as shall haue been actually sold
by them to the ffrench, since the taking of the Island, for which
Provision is made in the 8th Article of the Treaty of Breda,
and which is therefore to be the Rule to determine those
Differences by, so farr as that Article it self speakes clearly
in the matter, And as to all Moueables that haue been so
sold, the Words of the Article are expresse, that they shall
not be restored till the price paid for them by the ffrench,
be first refunded by the Enghsh, of which therefore no Difii-
culty could in any kind be made, As to imoveables as Lands,
Houses, Plantations &c. the thing seemed to us at first not
so cleare, and Wee were not without some thoughts, that they
ought not to be understood to be inicluded in the Word
Goods in that Article, But having caused the Matter to be
seriously considered, after frequent dehberations Wee found
upon the whole, Wee should not be able evidently to evince
that the word Bona in the originall of that Treaty did not
also signify Immoveables, and therefore it importing much
the good of Our Service, aswell as the private Interest of Our
508 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
good Subjects the Proprietors of that Island to haue the
Island forthwith and effectiuely restored to Vs, Wee concluded
not to insist upon that point too farr, But to make the Case
of Lands, Houses, Plantations &c. the same with moveable
Goods as to that particular. And so Wee will that you finally
governe your selues in the difference that may arise upon it,
Agreeing that the Enghsh shall first repay to the ffrench
the price which any of them shall haue heretofore actually
receiued of them for any part of their Estates within that
Island, before they be restored to the possession of such
Estate.
3. And because the French may with reason expect that
a certaine Terme or Time be hmitted for the Enghsh to use
this Power of resuming their Estates at the Price they
receiued for them So as if they do not thinke good within
that time to refund to the ffrench what they had so receiued,
that then such Goods Lands, Houses or Estate shall for ever
remaine to the ffrench, that had so bought them, without
being from thenceforth subject to this Power or Right of
Resumption, Therefore Wee haue agreed with the ffrench
Ambassador here, that the terme to be so fixed shalbe a yeare
and a day to be accompted from the time the foresaid Orders
of the 16th January last, for the restitution of that part of
the Island shalbe presented on our behaK to the Lieutenant
GeneraU, or other the French Commander in Cheife in those
parts, which although Wee haue continued to declare as Our
Minde and Resolution in this point to the ffrench Ambassador
here, notwithstanding Wee haue been pressed by him to
shorten that terme, Yet Wee leaue it to you upon the place
to yeild to a shorter day in case the ffrench be pressing in it.
And that you find it may be done without much Inconvenience
to Our Subjects in whose favour the thing was at first
intended.
4. As to the point of AmeUorations or Damages in the
English Estates during the time they haue been in the ffrench
possession. No particular Directions can be well given from
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 509
hence But the Matter must be left to your owne discretions
as the case shall arise upon the place Onely it seemes not
reasonable that any Demand of Amelioration shall hinder the
immediate Restitution and Re-entry into possession, the
price formerly receiued by the English Proprietors being first
repaid the ffrench Purchaser, And the Dispute about any
such Amelioration be left to the Partys to adjust fairly betweene
themselues. In which you are with the Commissioners of the
other part to giue your best Help for the bringing each party
to Reason in the matter.
5. Another point Wee fijide the French will insist upon,
is the matter of Prisoners and their Enterteynement They
demanding Satisfaction for keeping and dieting all the Eng-
hsh that were made Prisoners in those parts during the late
Warr, To this you are to say. First that the Article of the Treaty
at Breda, on which they ground this demand is mutuall, and
by the same Reason Wee might demand to be paid for keeping
and dieting all the ffrench, that were Our Prisoners during that
Warre, But it is plaine Wee haue not so understood that
Article, For no ffrench Prisoner freed either by Exchange or
upon the generall Release of Prisoners at the making the Peace
was ever demanded to pay for his ordinary keeping and Diet
but it was wholly allowed him upon our Change, as you will
finde certifyed upon this occasion by Our Commissioners
appointed for that Service (a Copy whereof Wee haue Ordered
shalbe transmitted to you) You shall therefore agree that what-
ever shalbe made appeare oweing by any EngUsh Prisoner
during such his Imprisonment for better accomodation and
better Medicaments then was ordinarily allowed to all that
were in that Condition, or for any other Debts whatsoever
during his Imprisonment ought and must be duly paid by
such Persons, And you shall accordingly offer to contribute
all the Helpe you can to finde out the shortest way the Law
in that case will allow for the obliging such Person to make
speedy satisfaction for such Debt, But for the ordinary keeping
and dieting such Person during the time he was their Prisoner,
Wee thinke it but reasonable, that should be in'the ffrench
510 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1669.
Account. However if upon Examination you finde the
Summe demanded be not considerable, and especially if it
appeare, that the firench Prisoners taken in those parts haue
been made to pay for their ordinary Keeping and Dieting, in
either of these two Cases, Wee would not haue you insist
further upon the point, but agree that satisfaction be given
for all such Debts.
These are the Principal! points upon which Wee can expect
any considerable Difficulty will fall out, In all which, and in
what others may possibly arise, Wee would haue you pro-
ceed with all ffairnesse and good Meaning towards the ffrench,
It being Our Minde to make an end of this whole Matter
with the most Christian King forthwith, and without raising
unnecessary Difficultys in these or any other points that
may come in question.
And this is what Wee finde necessary to direct at present
in relation to that Commission.
But forasmuch as the most Christian King (as Wee said
before) is obliged by the 7th Article of the Treaty of Breda
forthwith to restore to Vs the Soveraignty of the EngUsh
part of the Island of St. Christophers, and he having now at
last issued the necessary Orders to his Lieutenant Generall
in those parts for such Restitution, Wee according to the
tenor of that Article haue on Our part issued Our Commission
under Our Create Seale of England of the date of these
presents giving a sufficient Authority in Our name and on Our
behalf to demand and receiue the same from the said most
Christian King or his Officers there, Which Wee haue thought
good to direct to you or any one of you for the trust Wee
haue in your ffidelity and good Discretion to execute the
same, and for the Affinity and Connection that matter seemeth
to haue with that of the other forementioned Commission.
You shall therefore upon the Receipt of this Commission
which Wee haue directed to be herewith transmitted to you,
together with the forenamed Orders of the most Christian King
1669.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 511
of the 16th of January last for the deUvering of that part
of the Island to Vs immediatly giue notice thereof to the Sieur
La Barre, or whom else you shall find in the cheife Command
of those Islands under the said most Christian King, And having
adjusted with him the necessary Circumstances of the said
Restitution, some one or more of you shall transport your
selues with what convenient speed you may upon the said
Island, and there producing to the Cheife Commander your
Power under Our Create Scale of England, Demand and
receiue by virtue thereof, and in execution of the Treaty of
Breda, the full possession of the Soverainty of the said part
of that Island, which Wee conclude wilbe immediatly dehuered
you, that Kings Orders appearing so peremptory in the matter,
Nor does it therefore seeme necessary to Vs to giue you any
further Instruction in this matter, saue only that upon dehuery
of the fforts &c. into your possession. You do likewise demand
Restitution of such Guns and Ordnance as were in them at
the time of their being taken, insisting to haue them also
restored, especially if it fall out, that the same be now found
in the fforts, or otherwise actually remayning within the
English part of that Island. [pp. 235-237.]
[839.] Whitehall, 26 March :
[Sebastian Crespo complaining that Sir Thomas Mody- Jamaica.
ford refuses to give any compliance with the Order of
10 November 1665 [666] or satisfaction to the petitioner,
and praying] That his Majesty would be pleased to giue
Order, That the Petitioner may be paid out of the Estate
of Sir Thomas Modyford here the value of the said Ship and
Goods being 4700Z., and what other Damages shalbe thought
fit in consideration of his great Charges and Losse of Time in
prosecution of this Busines, [Charles Modyford Esqr son of
the said Sir Thomas is ordered to attend on Wednesday,
31 March, at 3 in the afternoon to explain his father's conduct,
at which time the petitioner is likewise to attend.]
Ip. 243. If 2.]
512 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
Barbados.
New York.
New York.
[840.] Whitehall, 26 March :
[A petition and address of the Eepresentatives of Barbados
dated 13 November and a petition of the officers of Sir Tobias
Bridge's regiment, were read and referred to the Committee.]
[p. 244, Tl 4.]
[841.] Whitehall, 5 April:
Whereas his RoyaU Highness the Duke of Yorke, Did this
day propose to his Majesty in CounciU That he would be
pleased to giue Liberty That such of his Majestys Subjects in
Scotland as shall be induced to take Conditions as Planters
at New Yorke, may be permitted to Transport themselues
thither in Vessells from Scotland, and be allowed to make their
voyages and returne in a way of Trade, or remaine at New
Yorke upon the Account of Fishing Trade, or Transporting the
Growth and Manufacture of New Yorke to the Barbadoes, or
other his Majestys Plantations in America ; [The Duke is]
hereby Authorised and desired to Grant Passes for Two Scotch
Shipps, the One Called the of about 500 Tunns, the
other the of about 250 Tunns, with such Persons
as shall desire to Plant there, and to Trade betweene the
said Places as they shall haue occasion, to Passe from Scot-
land to New Yorke, or to remaine at New Yorke upon account
of the Fishing Trade, or for Transporting the Growth and
Manufactures of that place to any his Majestys Plantations
in America without any Lett hindrance or MoUestation, Pro-
uided that the said Shipps nor either of them so to be Lycenced,
do not by pretence hereof carry the Commodities of the
Growth or Manufacture of New Yorke, or of any his Majestys
Plantation, to any Place or Territory belonging to any For-
raine Prince or state whatsoeuer. [p. 252. ^1.]
[C.S.P. III. 43.]
[842.] Whitehall, 14 April :
The humble Petition of James Cousseau and Frederick
Philips, as well in their owne behalf es as of their Familyes Free
Denizens of New Yorke, and Albany in America being this
1669.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 513
day read at the Board, Setting forth, That being Owners, and
Masters of the Shipp called Fort of Albany, And belonging to
the Port of New Yorke in America, They obtayned a Passe
from the Gouernor of New Yorke which was reinforced by another
from the Duke of Yorke [for a trading voyage to New York
(c/. 800), but that by the restriction imposed by Order of
18 November (c/. 812)] the Petitioners with seuerall Familyes
which are free Denizens of the said Place of New Yorke and
Albany being now in Amsterdam (where the said Shipp is ready
to receive her Lading) will be totally ruined unlesse they may be
permitted to Shipp themselves and Goods in the said Vessells
to their Habitations and Plantations in New Yorke and Albany
aforesaid under his Majestys Dominions, there being no other
Shipp or Shipps bound for that Place either in the Port of
London, or other Ports of England, which if there were yet
would be a very great Inconvenience to those severall Familyes ;
The Petitioners therefore, And to the end the said Shipp may
not be deprived of that Advantage of Trading which other
Enghsh Built shipps haue, And forasmuch as they are the
first Proprietors of any Shipp which as yet hath belonged to
the said Port of New Yorke, Most humbly Prayed that the
said Shipp might be permitted to proceed in her intended
Voyage ; [the petition is granted] Provided the Petitioners
do first giue Security to the Farmers of his Majestys Customes
in the Port of London not to Trade from New Yorke of the
Growth or Product of that Plantation, to any other Place then
England, or his Majestys Plantations in America.
[V. 262. U 1.]
[843.] Whitehall, 16 April :
Vpon reading this day at the Board the humble Petition Barbados.
of Nathaniell Kingsland Esqr One behahe of himselfe and
Wilham Sandford of Barbados, [a copy of the petition is
ordered to be dehvered to Lord Willoughby, who is desired
to return his answer in writing to the Board on the 21st
instant, when further order will be given] [f. 264. ^1.]
33
514 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
[This answer having been read on the 23rd, the matter
was referred to the Committee.] [p. 273. ^ 2.]
[On 10 May, Lord Willoughby and Kingsland are ordered
to exchange copies of all affidavits and other papers that may
conduce to the manifestation of the truth of the whole
matter, and on the 12th the case is ordered to be heard on
the 19th.] [p. 295. ^ 1.]
[844.] WhitehaU, 16 April:
West Indies. [The Council refer to Lord WiUoughby for examination
and report the petition] and papers annexed of John
Holman Merchant, setting forth, That his Shipp the Herculus
with her Lading of Beefe Porke, Pease, and other Comodities,
was in her Voyage from New England to Nevis, taken by the
Command of Lieutenant General! Henry WiUoughby, And
imployed in furnishing another Shipp for his Majestys service
whereof Capt. Toms was Commander, vpon Agreement that the
Petitioner should receive in value for it Thirteene Thousand
Two hundred and Seventy Pound Weight of Muscavado Suger,
which the Petitioner was in hopes should haue been
imediatly dehvered to him according to the said Agreement,
that he might haue taken it Board as part of his Freight, but
could not obtaine it, to the Petitioners great Detriment and
Losse, And therefore Praying that he may be Allowed after
the rate of Twenty five Shilhngs per Cent for his Suger with
Interest for the forbearance thereof ever since October 1666,
And Satisfaction for his Freight and charge of Attendance.
[p. 266. H 1.]
[845.] Whitehall, 23 April :
Jamaica. ^ Letter to the Gouernor of Jaimaca. [On considering
the Order of 10 Nov. 1665 and the letter of 17 Jan. 1666
in favour of Sebastian Crespo, with Crespo's further petition,
(cf. 839),] Complaying of the Disapointment of his Voyage to
Jaimaca in confidence of the Successe of the said Letter and
Order ; His Majesty in regard the said Crespo formerly obta5med
the said Letter and Order in his fauor. And in Consideration
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 515
of the Great and earnest instance and Mediation which hath
been used by the Conde de Mohna his CathoHque Majestys
Ambassador in this Court on the said Crespos behalfe whom
his Majesty is Wilhng herein to Gratifj' hath Commanded Us
to Signify unto you That it is his pleasure that you Cause to
be forthwith paid unto the said Sebastian Crespo or his Order
the summe of 13239 peeces of Eight, and 6 RyaUs, And
neuerthelesse Wee are to Declare unto you that it is not his
Majestys intention that this shall be drawne into consequence
for any other Person whatsoeuer to pretend to the like
fauour. [p. 272. ^ 1.]
[846.] Whitehall, 23 April :
. . Jacob Lucy and Samuell Swinock of London Merchants Jamaica.
Setting forth That his Majesty was Graciously pleased by
Letters Patents under the Greate Scale of England, bearing
date the 3d of Aprill in the 18th yeare of his Majestys Reigne,
for the better Advancement of the Plantation of the Island
of Jaimaca in America. Did think fitt that the Comodityes of
the said Island which should be brought into this Kingdome,
should not be burthened here with any Impost or Custome for
and during the Tearme of Five yeares from the 18th day of
February in the yeare of Our Lord 1663 that the Petitioners
did Freight the Shipp Mary and Jane from the Port of London
for the said Island of Jaimaca, which said Shipp returned from
thence and Arrived at the Port of Plymouth in this Kingdome
in or about the 26th day of January 1668 but could not
recouer the Port of London whither shee was Consigned by
reason of fouU Weather, and Contrary Winds untill about the
18th of February following, As Appeared by the Affidauit of
Bernard Nicholas Master of the said Shipp which was after
the time Limitted by the said Letters Patents was expired,
by reason whereof the Farmers of the Customes refuse to
permitt the Petitioners to unlade their Goods without Pay-
ment of the Customes due for the same. And forasmuch as
the said Shipp had in all Probability Arrived in the Port of
London before the Expiration of the Aforesaid Limitation
516 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
would winde and weather haue permitted, [directions were
given to the Customs Officers and others concerned to allow
the Mary and Jane] quietly to unlade her Goods without
Paying any Custome for the same According to his Majestys
Gracious intention expressed in the said Letters Patents, the
lapse of time Notwithstanding. [p. 277. If 1.]
[847.] WhitehaU, 23 April :
French West A Memoriall being this day presented and read at the
Company, ^oard of Monsieur Colbert the French Ambassador humbly
Declaring that his Majesty would please to giue Order that
the Business Concerning Losses Sustayned by the French
West India Company, from the EngHsh before the late Warrs,
[c/. 770] may be revived and Examined, that Justice may be
done therein and an end put thereunto. [It was ordered that
that the matter be further considered on the 30th instant, and
that Lord Holies then have in readiness and send to the Board]
aU such Papers as he hath in his Custody any wayes relating
to Losses Sustayned by the Enghsh from the French before
the Warr. [p. 277. 1[ 2.]
[848.] WhitehaU, 5 May :
New York, [Upon the Duke of York's proposal to grant trading rights
to Scotchmen setthng at New York, he is authorised and
desired in the terms of the Order of 5 April (841) to grant
passes to the Hope, 350 tons, and the James, 150 tons,
both of Leith, to carry Scottish traders and planters to
New York, the masters or proprietors of the ships giving]
Sufficient Security to the Officers and Farmers of his Majestys
Customes here, for the time being. That they will not Trans-
port any Comodityes but of the Growth or Manufacture
of his Majestys Dominions of England, Scotland, or
Ireland. And that they will returne from New Yorke
*" Memoran- 'or any other his Majestys Plantations in America
interiiniL *o ^ome of his Majestys Ports of England, And here
made™ ^^^^ ^"^^ Customes as shall be due for the Com-
?i'th of June "^"^^^^^^ ^y ^^^^ Imported. And the said Masters
1669." are required to Carry in both the said Shipps, at least
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 517
Foure Hundred Persons his Majestys Subjects of Scotland,
the first Voyage to the said Plantation. And it was farther
Ordered by his Majesty That the Lords Commissioners of his
Majestys Treasury in Scotland be hereby authorised and
required to take Care that the said Shipps by this Order, so
to Allowed be bona fide Scotch Shipps, Manned with Scotch
Men, and Freighted with Goods of the Growth of England,
Scotland or Ireland, And that they giue Certificates thereof to
the Masters or Owners of the said Shipps, And that no other
Shipp but what shall Carry such Certificate from the said
Commissioners shall be understood to haue any benefitt of
this Order, but shall be Exposed to such penalltyes, and
Forfeitures as by Law are required. [p. 282.]
[849.] WhitehaU, 5 May :
The humble Petition of Major James Banister late Governor Surinam,
of Surynam being this day read at the Board, Setting forth
his great Sufferings and losses sustayned by the Dutch upon
the Rendition of that Place for no other cause then for
Assisting to haue the Articles performed and made good.
His Majesty [being graciously pleased to give him the sum of
200L, the Commissioners of the Treasury are directed to take
care that he receive the same. The Duke of York is also to
give] efEectuall Order to the Commander of his Majestys
Shipp that shall be Designed for those Parts to giue all
posible Assistance to the Petitioner and to such Person and
Persons as he shall Imploy, to bring off his Goods, and
Effects from Surynam according to the Articles made and
Agreed upon at the Rendition of that Place.
[p. 283. 1|«[f 1 & 2.]
[850.] Whitehall, 7 May :
It being this day Represented to his Majesty in Councill New York.
from' the Councill of Trade, that under Colour of his Majestys
Order [allowing two Scottish ships, manned with Scotch
men, to sail to New York], there to Plant, and Trade with
his Majestys Plantations. That they the said Councill had
518 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
been Informed, that two Dutch Shipps with like Burthen,
manned with Dutch men, and Laden with Dutch Goods were
prepared to Sayle from Amsterdam to the said Plantation,
[The Council of Trade are ordered to make out their said
information, and speedily to report]. [p 290 ]f 4.]
[851.] Whitehall, 7 May:
Plantation Richard Fitzgerald, Thomas Christmas and Edward
Browne, Citizens and Merchants of Waterf ord in Ireland, Setting
forth. That haveing lost Six able Shipps during the time of
the late Warrs with Holland wherewith they did Traffique
to Forraigne parts, and brought in a Considerable Revenue
to his Majestys Customes. And to prevent the utter decay
of Trade in that City, did about two yeares since buy a Shipp
called the Fortune of Waterford, a Dutch Built Fly-boat taken
in the Warrs and Adjudged Prize, And humbly Praying Lycence
to Trade and Traffique with the said Shipp to Virginia, And
aU other his Majestys Plantations in America. [The petition
is referred for examination and report to the Right Honour-
able Privy Seal, Lord Lieutenant of Ireland, with the Farmers
of his Majesty's Customs there.] [p. 291. ^ 2.]
[On 11 June on the report of the Lord Lieutenant and
the Farmers of the Customs, all parties are ordered to be
heard on the 16th instant.] [p. 321. T| 1.]
[On the 16th, the vessel is made a free ship, and the owners'
omission, through ignorance, to procure the requisite certificates
from the Custom House officers before 1 August 1667, par-
doned.] [p. 327. 1[ 1.]
[852.] Whitehall, 12 May :
West Indies. [On a report by Sir John Trevor from the Committee con-
cerning] the state of the Charybee Islands, And of the desires
and Proposalls for the Advantage of the said Charybee Islands
made by the Assembly in Barbadoes, and deUverd by the
Right Honorable WilUam Lord Willoughby. . His Majesty
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 519
was Graciously pleased to Order in Councill that the Ensueing
Answers may be giuen thereunto. (Vizt)
For the Island of Barbadoes
they desire.
That the Revenue of 4 & J per
Cent, may be Changed for some
other Revenue of equall value
to his Majesty And more Con-
venient for the Trade of the
Island, which they promise to
furnish.
Answers.
The Councill of Trade haueing
already this Proposall under Con-
sideration, his Majesty is pleased
they proceed therein, and Report
their Opinion thereupon.
That Care be taken to find a Rule
in the Custom House here in
England for Distinguishing the
Quality of Sugars, to avoid
the great trouble which is now
giuen to Trade thereby.
That Liberty be giuen them to
Trade to Guiney for Negroes.
4 A Priviledge to Coyne Money.
5 That no Patents be Granted for
Places in the Islands.
That all Customes for Coales to
be Transported from England
to Barbados, be taken off, the
same is desired for Nevis.*
Also that they Consider the 2d
Proposall and Report what may
be fitt to be done thereupon.
His Majesty doth not think fitt to
Infringe his Charter giuen to the
Guiney Company, But Declared
that Care should be taken that the
Islands should be furnished with
sufficient Numbers of Negroes for
their vse at certaine resonable
rates, the planters to take care to
pay for them, and not to make
Merchandize of them or sell them
to other Nations.
This to be taken into Consideration,
And so layd aside at present.
His Majestic will Consider hereof.
This Proposall Ordered to be Refered
to the Consideration and Report
of the Lords Commissioners of
the Treasury.
For Antiga, Mounserat and St. Christophers
being New Colonyes to be Planted.
1 That a free Trade be Granted for
a time Limited.
His Majestic will Consider hereof.
• This proposal and answer are repeated in a separate entry of the same
date on p. 295.
520 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
2 That the 4* per Cent be Respited | ^.^ jj^.^^y^ ^y Consider hereof,
for a, time. ]
3 That they be furnished with some
proportion of Armes and Amuni-
tion.
His Majesty was pleased to Declare
that when they are in a Condition
to use them. Care shall be taken
for their supply with Armes and
Amunition.
4 That his Majesty be pleased to-
wards the support of the Gouer-
nor and Island of Antigua to
send 200 Negroes at his Charge,
and 100 to Mountserat, the pro-
priety of the said Negroes to
remayne alwayes in his Majestie.
And to be disposed of to the
seuerall Gouernors at his
Majestys pleasure.
His Majesty will Consider hereof.
Transport
for Com-
missioners
to Colonies.
6 That his Majestie be pleased to
Assigne for Security of the Lee-
ward Islands, and Transporting
his Majestys Subjects now dis-
persed in French and Dutch
Colonyes, two small sloops of
Thirty Tunns a peece.
His Majesty will Consider hereof.
[p. 294.
West Indies.
[853.] Whitehall, 12 May:
Whereas by Order of the 23th of Aprill last, his Royall
Highness &c was desired to Appoint a 5t Rate Frigat to
Carry Liuetenant Colonel WiUiam Willoughby sonne to the
Lord Willoughby to Surinam, and the Commissioners to St.
Christophers, and then to goe to Carolina upon a Proposall
made this day by his Royall Highness, It was accordingly
Ordered That instead of a 5t Rate Fregat, His Royall
Highness is Authorised and desired to Appoint the Sweepe-
Stakes (being one of the 4th Rate) for that service.
[p. 295. II 2.]
[854.] Ibid.
An Account of the Gary bee Islands.
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 521
Barbados.
Contaynes about 100000 Acres, the Inhabitants amount Present
to 60000 Souls, whereof aboue 40000 Blacks. Divided Governor
into 11 Parishes. 6000 Christians is the Standing MiUtia cwopher
both Horse and Foote. Divided into Six Regiments of Coddrington.
Foot, and Two of Horse, consisting of 800 Horse besides The rest of
a Life Guard of 70 : islands^
Cheife Towne at St. Michaells hath 4 Forts, Armes sent Majestys
from England 1500 Musquets and Pikes 40 Peice of Cannon, are^uWect
and 200 Barrells of Powder, Gouerned by a Governor *? ^^^ ^^"^^
•' Governor
and a Counsell chosen by him. An Assembly called at who places
the pleasure of the Gouernour, whose Acts are of forse places the
for one yeare to expect his Majestys Confirmation or refusall. ceputyes
Antigua.
Neare the same proportion of Land with Barbados, Present
and the next Leeward Possesed by the English, it hath Gouernor is
the best Harbours of all the Islands. Inhabitants about wilioughby
1700 (whereof 300 Women) besides 700 Negroes, of these
1100 Beare Armes and are Trayned.
Barbuda.
Eight Leagues to the Northward from Antigua, Con- Under
=■ ° & ' Comand
sists of about 30000 Acres, uninhabited as yet only some of the
Thirty Persons put there to keep possesion, proper Gouernor of
for Catell Horse and sheepe. -^tegua.
Montserat.
Seauen Leagues Leeward of Antegua. the Soyle fertile Deputy
Gouernour is
Consisting of about 14000 Acres. Inhabited by Ireish Collonell
for the most part. About 1400 Whites, some 300 ^*^P^^*°°-
Blacks. of these 800 beare Armes and are Trayned.
Nevis.
Fourteene Leagues Leeward of Mountsarat. About Deputy
12000 Acres, but well Planted, Inhabitants about 2000, CoUonell
besides Blacks. A Regiment of 1000 Men Trayned. ^f3i
the most unhealthfuU of all the Islands.
522 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
Jamaica.
St. Christophers.
Within one League of Nevis, neare 60000 Acres, to
be possessed by the Enghsh in the midle part, the rest
by the French.
Saba.
Tenn Leagues from St. Christophers to the Leeward,
now Possessed by the ffrench. Consists of about 4000
Acres.
Estatia.
Betweene St. Christophers and Saba, Consists of about
7000 Acres, taken by the Duth in the last Warr and
to be Possessed by them.
Anguilla.
Sixteene Leagues to the Leeward of St. Christophers,
Possessed and Inhabited by 300 Enghsh about 6000
Acres, so barren scarce worth the Planting.
Santaluzia, St. Vincent, and Dominico, Three
Islands next to Barbados to the Leewards, and
Possessed by Indians, but endeavoured to be Possesed
by the French. [p. 297. ^ 1.]
[855.] Whitehall, 14 May :
[The Council refer to the Committee the] Petition of
Thomas Martin of the City of London Merchant. Setting
forth That in July 1667 a'Small Pinke called the Hope belonging
to the Petitioner and by him sett out from Dublin in Ireland,
bound for Jaimaca was seized by a French Man of Warr, called
the Fortune, and made Prize Contrary to the 16th and 17th
Articles of the Treaty at Breda. [p. 299. ^ 1.]
[856.] Whitehall, 19 May :
Barbados. [On a full consideration of Nathaniel Kingsland's complaint
of hard usage at Surinam by Henry Willoughby, (c/. 783), and
after rehearsing Orders of 8 July 1668, 16 and 23 April and
10 May 1669, the Council find] that Liuetenant Generall
Henry Willoughby, had not Disposed of, or intermedled
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 523
with the Estate of the said Nathaniell Kingsland, otherwise
then according to the Agreement made before the Recap-
tion of the CoUony of Surynam, whereby it was Concluded,
That all Estates formerly Confiscated to the Dutch, should
by Right of Conquest belong to them that retooke it,
and should be equally Deuided amongst the Officers and
Soldiers, who were to haue no other Pay or reward for their
Service. And that the said Petitioners Estate was formerly
Confiscated to the Dutch, and at the time of retakeing the said
Colony was found in the Actuall Possession of the Dutch ;
And that upon the Returne of the Souldiers to Barbados, the
Lord WiUoughby had justly Imprisoned the said Kingsland
a Short time for presumeing without leaue, or acquainting
his Lordship therewith, to Cause a Bell man to be forbidd
by pubhque Outcry or Proclamation, that no Person should
dare to Buy any of his Negroes brought from Surynam at their
Perills, which Caused A mutiny amongst the Souldiers, wherein
also the said Kingsland Perished, had he not beene Preserued
by being Committed to the Marshalls Custody by the said
Lord WiUoughby by the Advice of his Councill, asweU
to pacify the Mutiny, as to preserve the said Kings-
lands life. And that the said Lord WiUoughby upon the
said Kingslands first Complaint made unto him against such
who Possessed any of his Negroes, had (according as was
fitt and Right) referred him to a due Course of JudiciaU Pro-
ceedings in Law, And that since the said Kingslands Petition
against the Lord WiUoughby, and the Letter of this Board
thereupon the said Lord WiUoughby was ready and wilhng
to haue Granted an especiall Court to all the Judges of the
Island to heare and Determine the Causes between the said
Kingsland and those of the said Island from whom he had
Invegled his Negroes, but that he refused to Submitt there-
unto, or to haue his Case brought to a Legall Tryall though
before aU the Judges of the Country, And hath suffered
Judgment by Default to be given against him. At the Suite
of such Persons as haue since Sued him in the LegaU Court of
Barbados for the same. AU which being taken into due Con-
524 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
sideration. His Majesty was Graciously pleased for the
Vindication of the honour and Justice of the said Lord
Willoughby, to Declare that he was very weU Satisfyed with
the Lord Willoughbyes Proceedings, as also with those of
his Sonnes Lieutenant Generall Willoughby in All this Affaire.
And that the said Nathaniell Kingsland had Causelesly and
vnjustly prosecuted his accusation against the said Lord
Willoughby, And It was thereupon Ordered (his Majesty
present in Councill) That the Complaint of the said Nathaniel
Kingsland be, and is hereby Dismissed from this Board.
[pp. 303-4.]
[857.] Whitehall, 11 June :
Barbados, [The Council refer to the Commissioners of the Navy the]
Petition of WiUiam Isles late Commander of the Shipp Baehellor
[cf. 700], on the behalf e of himself e and a Hundred and
Thirty Poore men who belonged to the said Vessell, Setting
forth. That the said Shipp being on a Trading Voyage at the
Island of Barbados, was in Anno 1666 Imprested in his
Majestys service in the Leeward Islands, by the late Lord
Willoughby, in which service shee was Lost, and was the
only Hired Vessell that Ingaged in that Expedition, That there
is about Three Hundred and Fifty Pounds due to the said
Shipps Company for Two Moneths wages in that service,
according to Contract with the said Lord Willoughby, besides
what is due for the Losse of the said Shipp and Freight And
Praying, in regard the said Shipps Company are all very Poore
Men, and in great want of their Wages, that they may be
releiued therein. [p. 321. Tj 2.]
[On the report of the Commissioners of the Navy on
28 Aug., the Treasury are directed to fix on a proper
expedient for paying 310Z. found to be due to Captain Isles
and the mariners.] [p. 408. Tj 1.]
Barbados.
[858.] Ibid.
• . Grace Willoughby, Shewing, That her Husband
Thomas Willoughby Served Commander of his Majestys Ketch
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 525
the Portsmouth, And being slaine at Surynam in the West
Indies, there was Granted to the Petitioner in reward for
Losse of her Husbands life Ninety Pounds, and in Bills for
Disbursements Sixty Six Pounds foure shillings 2d. which shee
humbly Prayed might be forthwith payd unto her Shee haueing
Attended here at Extraordinary Charge for the Dispatch of
this Business aboue Fifteene Moneths : [the Duke of York
is authorised to have payment made out of the 200,000Z.
assigned for the ordinary expense of the Navy for this
year.] [p. 322. If 3.]
[859.J Whitehall, 11 June:
[The Council refer to the Committee for consideration and Barbados.
report] a Letter from Sir Tobias Bridge, Dated from the
Barbados the 21th of Aprill 1669 together with the Muster
Rolls of the Regiment under his Command, taken the 20th of
October 1668 As also an Account of the Receipt of the Duty
of 4J per Cent, within the said Island of the Barbados.
[p. 323. Tl 4.]
[860.] Whitehall, 28 June :
. . William Lord Wiloughby of Parham on behaKe of St.
" "^ Christopher.
himself e and his Sonne Henry Willoughby Setting forth, That
the Petitioner haueing made Discouery of some Combination
against him and his said Sonne touching his Management
of Affayres in St. Christophers in the West Indies. And
Praying that the Cause may be heard whilest the Witnesses
on both sides are here in Person. [The matter was ordered
to be heard on Wednesday, 7 July], at which time aswell the
Lord Willoughby as Sir Peter CoUiton and St.
Barbe in the Affidavitt annexed to the Petition of the
Lord Willoughby named, as also all other Persons Concerned,
are to Attend the Board, and to come prepared with their
Witnesses in Person, and Counsell Learned if they please.
[p. 339. H 1.]
[C.S.P. III. 80.]
526 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
Barbados.
[861.] WhitehaU, 28 June :
West Indies. [The Council refer to the Committee for examination and
report John Holman's claim (c/. 843) for the lading of the
Hercules, with Lord Willoughby's reply, acknowledging] that
the said Provisions were Taken out of the Petitioners Shipp,
and that they were valued at the rates in the Petition
mentioned whereof there is no part either of the said Debt
or Interest yet satisfyed, neither will his Majestys Reuenue
in those Parts be able to Discharge the same for many
yeares to come That the supply of the Prouisions came at
that time very sesonable for his Majestys service without which
the Seamen and Souldiers could not haue subsisted. And
that the Petitioner might haue sold the same to much more
Profitt by way of Merchandize, then was Agreed upon by the
Commissioners. [p, 341. ^1.]
[862.] Ibid.
. Edward BusheU Thomas Loueday Rouland Hill John
Hill, and WiUiam Isles of London Merchants, owners of the
Shipp Bachelor, (c/. 857) Setting forth . . . That by
Order of the 15th of February 1666 [1667] the Lord
Willoughby was Directed to make Satisfaction to the Peti-
tioners for the value of the said Shipp and Freight being
One Thousand foure hundred and Ten pounds Sterling. But
after much Charge and Expence they haue receiued a Positive
Answer, that they can expect no Satisfaction out of his
Majestys Revenues there, and Praying that either speedy
Satisfaction may be made them for their said Losses, or other-
wise that they may be permitted to offer some humble
Proposalls, wherby the Petitioners may receiue some Satisfac-
tion here in England, without Drawing any money from his
Majestys Exchequer, but rather Advanceing some thereunto.
[The whole case with the petitioners' proposals is referred
to the Committee.] [p. 344. ^1.]
[863.] Whitehall, 7 July :
Vpon consideration this day had of the Miscarriages in the
Attempt to regaine St, Christophers from the ffrench during
St.
Chtiytopher,
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 527
the late Warr, when Lieutenant Generall Henry Willoughby
was Commander in cheif , and Captaine James Carteret had the
Command of the Jersey ffregat employed upon that Expedition,
It was Ordered by his Majesty in Councill, That Dr. Jenkins
Judge of his Majestys High Court of Admiralty and such
other CiviUans, as the Right Honourable the Lord Keeper
shall thinke fit to appoint, do forthwith attend his Lordship
with their Opinions touching the best meanes for examination
and Tryall of the said Miscarriages, whether by a Court of
Constable and Marshall, the Court of Admiralty, or any other
Ways, And that his Lordship do report his Opinion thereupon
to his Majesty in Councill with all convenient speed.
[Tp. 351. U 2.]
[On the 9th, the Lord Keeper reports : — ]
Supposing the Miscarriage about St. Christophers to
haue been occasioned by the Discord or iU Conduct of
any ofiicers or souldiers belonging to his Majestys Navy
then being upon the Sea, and in his Majestys Pay, It is
humbly conceiued, That the Enquiry and TryaU of the
Offenders is to be before the Lord High Admirall, either
in his Court Martiall according to the Articles and Orders
of Warr established in Parliament the 13th of his Majestys
Reigne Cap. 9th or else in the Ordinary Court of Justice
for the Admiralty in Criminall Matters.
So it is likewise if the Miscarriage has happened by
the Mutiny or Disobedience or other ffault of the Laud
Officers or Souldiers, while they were upon the Sea They
are tryable before the Lord High Admirall, not at a
Court Martiall, but in his ordinary Court in Criminalls
committed within the Jurisdiction of the Admiralty.
But if the Miscarriage has happened from anv Discord
or ffault of the Officers or Souldiers upon or after their
Landing, The Tryall is to be before the Lords Constable
and Marshall in their Court of Chivalry secundum Legem
Armorum, and the Civill Law.
528 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1669.
[The Lord High Admiral is accordingly] authorized and
desired to giue Directions for putting the said Miscarriages
into the proper way of Examination, to the end that such as
shalbe found guilty of the said Miscarriage may be proceeded
against according to their Demerrits. [p. 354. ^1.]
[864.] Whitehall, 16 July :
Surinam. ' • ^^^ Thomas Bludworth Knight Sir William Eyder
Knight, Roger Chappell and others Merchants, Shewing, That in
October 1667 they set out the Ship Thomas and WilHam, Robert
Bartlet Master with a Cargo of Goods to trade on the Coast
of Guinea, there to take in Negros, and to returne for Cadiz
in Spaine, in which Voyage she sprang a Leake, insomuch
that she was forced to put in at Surinam, where at her Arrivall,
the said Master found the same contrary to his Expectation
to be in the possession of the Dutch, and being no waies able
to proceed any further with his said Ship was necessitated
to contract for his Sla.ues to be paid in heading for Caske,
and to hire two Dutch Pinkes to carry part thereof to Bar-
bados, engaging all the Petitioners Estate at Surinam to returne
the said Pinkes, but at their Arrivall at the Barbados, the
said Pinkes and their Lading were seized condemned and sold
by which meanes the said Master cannot comply with his
Engagement at Surinam, and the Petitioners Estate there
being to the value of Three Thousand pounds wilbe lost. And
therefore humbly Praying, That if the said Two Pinkes and
their Lading cannot be deliuered unto them, they may receiue
the full Proceed thereof according as they were sold towards
the Satisfaction which they must make out of their Estates
at Surinam for the said Pinkes and Goods in them, which
the Dutch value at Two Thousand pounds, [a copy of the
petition is ordered to be forthwith delivered to the Lord
Willoughby for consideration and report]. [p. 361. ^j 1.]
[865.] Whitehall, 27 August :
Barbados. Vpon reading this Day at the Boord before his Majestic
in CounciU a Relation given in by the Members of the Royall
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 529
Company concerning the State of their Trade, and the present
condition of the said company, It was alleaged amongst
other the causes of their Stocks Decay, that the Creditors of
the said Company living in Barbados refuse to pay their Debts,
and that the inequity of proceedings, and the ill constitution
of the Lawes in that Island is soe great, that as those Lawes
have already ruyned the said Company so in a little time
they wiU infaUibly ruyne the Inhabitants themselues, and
therefore prajring his Majesties RoyaU ayde against the
oppression which they doe susteine It was therevpon Ordered
his Majestic present in Councill, That this cause be heard
vpon the Second Councill Day after his Majesties returne
from his intended Progresse, And for the more intire Infor-
mation, and Scrutiny thereinto Aswell the Members of the
said RoyaU Company, as the Right honourable the Lord
Willoughby, and also Sir Paul Painter, Mr. Ferdinand Gorges
Mr. Henry Batson, Mr. Benjamin Scutt, and Mr. Thomas
Knights are then required to give their Attendence at the
Boord. [p. 402. ^ 1.]
[866.] Whitehall, 28 August :
A letter to the Governor of Virginea. It being this day Virginia.
represented vnto his Majestic in Councill by the humble
petition of John Jeffries, and Thomas Colclough that They
haveing employed one Giles Cale to serve Them as their Factor
for Three Yeares in Virginea at a certaine SaUary, and amongst
other Covenants made with him the said Cale being obliged
in Consideration of the said Sallary to give the Petitioners
a true accompt of all their Estate entrusted with him, and to
pay vnto Them all that should be their Due. That on the
Petitioners side They have constantly paid the said Sallary
either to his Wife or such other Person as he hath Ordered to
receiue the same. But that he the said Cale having now gotten
into a plantation, and being possessed of a considerable Estate
belonging vnto the Petitioners, retaineth the same to his
owne vse, without any other accompt then open defiance against
the Petitioners and rejecting all the fair applications that
34
530 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669-
are made vnto him, And therefore the said Petitioners praying
the Letters of this Boord to favor the justice of their Cause.
[The Governor is authorised and required to summon before
him the said Cale, and to oblige him, if the matter is as
alleged, to come to a just account with the petitioners.
[p. 408. 11 3.]
[867.] Whitehall, 28 August :
Newfound- On the petition of Captain Robert Robinson late Comander
in seuerall of his Majesties Frigatts and Shipps of Warre this
day read at the Board Setting forth that being at Newfound-
land in the yeare 1668 he did by virtue of an Act of Parliament
and his Instructions seize a small French VesseU with some
Goods in her and also some Goods of a Vessell that Escaped
for that They Traded contrary to the said Act, which Vessell
and Goods amounting to the Value of about Two hundred Pounds
were condemned in the Court of Admiralty. That according
to the said Act One Third of the proceede thereof belonged to
his Majestic, One Third part to the Governor of that place,
and the remajoiing third part to the Seizor, That there being
noe Governor on the place at that time besides the Petitioner
who was also the Seizor he humbly prayes in regard he never
had any gratuity from his Majestic for his Service as other
Comanders have had, that his Majestic wilbe pleased to
bestow on him the said proceede of the said Vessell and Goods.
Vpon which his Majestic taking into Consideration the Good
Service of the said Petitioner and the honesty wherewith he
hath on divers occasions performed what was comitted to his
charge [is pleased to grant his request ; whereof all persons
concerned are to take notice]. [p- 409. ^ 2.]
[868.] Ibid.
West Indies. [It is Ordered that the petition of Thomas Martin for redress
for his ship the Hope, Christopher Tugwell Master, and her
lading valued at above 5000/., taken near Hispaniola by the
French ship, the Fortune, Guillaume Champagne commander,
on 7 September 1667 be lodged with Lord Ariington who is]
1669.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 531
authorized and required to take pa'ticular Care for the
Petitioners redresse at such time as the Cases of this nature
shall on either side fall into debate. [p. 411. ^ 3.]
[869 ] Hampton Court, 15 September :
Vpon reading this day at the Board the humble Petition Barbados,
of Antonio Rodriges Rezio, Abraham Levi Rezio, and other
Hebrews made free Denizens by his Majestys Letters Patents
and resideing at Barbadoes (together with a Certificate there-
unto Annexed) Complayning, That notwithstanding their
Denization, divers Persons of the said Island do endeavour
to deprive them of the benefitt thereof, and refuse to admitt
their Testimony in Courts of Judicature, and expose them to
all sorts of injuries in their Trade And praying rehefe therein.
[A copy of the petition and certificate is ordered to be
delivered to Lord Willoughby] Who calling to his Assistance
some of the Cheife Planters, is required to consider of the
same and Report . . [p. 415. ^ 3.]
[870.] Whitehall, 28 September :
. . Robert Forth Citizen and Merchant of London, Setting Barbados,
forth, That the Petitioner hath beene ever Loyall and faithfuU
to his Majestie, and upon all opertunityes to the utmost of his
power hath demonstrated the same, and hath paid to his
Majestie yearly in Custome and Excise to the Value of betweene
Three and Fower Thousand Pounds and haveing severall Shipps
now bound to the Barbados, humbly Prayeth Lycence to
Transport One hundred and fifty Geldings to the said Island :
[the petition is granted]. [p. 422. ^f 1.]
[871.] Ibid.
[Lord Willoughby of Parham returns his report on the Barbados,
case of Thomas Middleton and Edward Chamberlain referred
to him on 31 October 1666], which being this day read at the
Board, and Conside ing that there is much Matter of Law
therein It was [referred to the Solicitor General for an opinion
upon the whole matter]. [p. 422. ^ 2.]
532 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
[872.] Whitehall, 28 September:
Barbados. [The complaint of the Royal Company regarding their
debt? in Barbados is fully considered, and] The better to
Compell Debtors in the Island of Barbados to satisfy their
Creditors their just Debts. And to encourage the Royall
Company to proceed in their Trade and Commerce ; His
Majestic was Gratiously pleased in Council] to Order ....
That from henceforth the Lands as well as the Goods of any
Person in his Majestys Island of Barbados, who shall incurre any
Debt, shall be lyable to be sould outright by an out Cry, and
out of the Product thereof Satisfaction to be made to ihe
Creditors, [whereof the Governor] is required to take notice
and to Cause the same to Passe into a Law, and to take Care '
that the same be putt in full and due Execution. [p. 424. J
CHARLES II. VOLUME IX. (Oct. 1669-Ap. 1671.)
[873.] Whitehall, 1 October :
West Indies. [The Council refer to Dr. Jenkins, Judge of the Admiralty,
and Matthew Wren, Secretary to the Duke of York, for
examination and report a memorial from Monsieur Colbert,
the French Ambassador, representing] that he had receiued
order from the King his Master to make AppHcation to his
Majestie That he would please to take Cognizance of the
Violenceys committed by his Majestys Subjects upon the
Coasts of the Isle of St. Dominick against the Captain and
People of the Equipage of a French Vessell called the Flying
Hart of St. Maloes, Suposseing that the pretext vsed for the
Condemning the said Captaine, and Confiscating the Shipp
is wholy unjustifyable for the Reasons conta3nied in a
Memoriall, and seuerall Justificatory Papers this day pre-
sented at the Board ; And that his Majestie would be pleased
to giue Order that the said Captain and people of his Equipage
may be imediatly Sett at Liberty, and safely Conducted into
the next French Isle, and the Shipp (if in being) restored, or
if not the just rate, and Value of it. [p. 5. ]f 1.]
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 533
[A report in accordance with this order having been
returned on the 27th October, it is ordered that the papers
relating to the business be sent to Lord Arlington] And that
his Lordship do deliver unto the French Ambassador, the
Copy of the said Report herewith sent unto him, for the
present as an Answer to his Complaint, and further to
Acquaint him That in Order to a fuller Examination of the
Whole Matter, his Majesty will Cause his Governor of Jaimaca
to Transmitt hither by the first opertunity, all the Process of
the Condemnation of the said Shipp, Whereupon such further
Satisfaction will be giuen to the said French Ambassador,
as shall be thought fitt. [As to the request for the
immediate release of the crew, it was further ordered] That Sir
Thomas Mudiford . . Transmitt unto this Board by the
first conveniency of sending. All the Paper and Proceedings
in the Court of Admiralty there, touching the Confiscating and
Condemning the said Shipp the Flying Hart of St. Maloes, to
the end his Majestie may cause such Answer to be giuen vpon
the said French Ambassadors Memoriall as shall be found
fitt. [pp. 25-26.J
[874.] Whitehall, 8 October :
the Officers of Sir Tobias Bridges Regiment, in behalfe Barbados,
of the Regiment, Complayning, That they haveing receiued
some Sugars from the Lord Willoughby vpon Accompt in part
of their Pay for their service in the Indies, and that the Lord
Willoughby doth accompt all the said Sugars to them paid
by him at 12s. 6d. per hundred. Notwithstanding as it will
Appeare That some of the said Sugars were bought at 10s.
per hundred, and at this time may be Bought for 8s. a hundred,
yet neverthelesse the Petitioners are content to take it at
10s. per Cent And therefore Praying that his Majestie would
be Graciously pleased to take this their hard Case into Con-
sideration, and that they may not Suffer in a double Measure
by 8 Moneths Imprisonment, and by the losse of one Third
of their Pay, if taken at 12s. 6d. per hundred, besides 2 yeares
534 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
forbearance and aboue. [The petition was ordered to be showed
to Lord Willoughby, who is to return his answer speedily to
the Council, when further order will be given therein.]
[p. 11. H 2.]
[On reading Lord Willoughby's answer on 10 November]
his Majesty being pleased to expresse his gracious IncUnation,
that the said Regiment should not be obliged to receiue the
said Sugars aboue the valuation of Tenne shilUngs per Hun-
dred, [referred the petition and answer to the Treasury for
their opinion as to a fit means for the relief of the peti-
tioners], [p. 40. ]f 2.]
[875.] Whitehall, 29 October :
Barbados. [Lord Willoughby returns his report on the petition of
Antonio Rodriges Rezio, Abraham Levi Rezio, Luis Dias,
Ishac Perera Continho, Abram Periera, David Baruh Louzada,
and other Hebrews referred to him on 15 September] : —
I haue called to my Assistance some of the Cheife Planters
and ... I doe find that your Majestys Hebrew Sub-
jects in the Island of Barbados haue not been Expoesd to
any other injuryes in their Trade or otherwise, then only
such as they conceive redound to them by reason of the non
admittance of their Testimony in Courts of Judicature, whereof
also during my residence on my Government, I never received
any Complaints from them. But I do find it to be true. That
the Judges in the Courts of Judicature in Barbados haue ever
since your Majestys most happy Restauration refused to
admitt of the Testimony of the Hebrewes in such Cases wherein
your Majestys Christian Subjects are Parties. For that they
are of opinion That by the Law they neither can nor ought
to admitt them, since they refuse to sweare upon the holy
Gospell which the Law requires to be done in the Adminis-
tration of all oaths in Civill Causes depending betweene your
Majestys Subjects. Notwithstanding their Testimony is, and
hath been admitted in their Courts in all Casses depending
betweene Hebrew and Hebrew to which your Majestys Christian
Subjects are not Parties. But I doe find That in the times of
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 535
the late Vsurpation their Testimonyes were there admitted
in all Courts, and in all Causes whatsoeuer. And if it shall
Appeare to your Majestie That by reason of the Non-
admittance of their Testimonys in all Cases they do receive
Injury in their Trade (the freedome whereof I doe think
to be the interest of that your Island) I humbly Conceive
that if your Majestie shall be pleased to Direct your Governor
to require his Councill and the Assembly there to prepare
and Passe an Act or By-law for the free Admission of their
Testimony as is desired, it will be effectuall to that purpose.
[Orders are accordingly given for the passing of such an Act
or Bye-Law,] whereby such Hebrewes as shall from time to
time be naturalhzed by his Majestie and reside in the said
Island of Barbados, shall and may be freely Admitted to
giue their Testimony in the Courts of Judicature there, in
such Manner and forme as the Rehgion of the said Hebrews
wiU permitt, and such as the Governor for the time being
his Councill, and the Assembly shall allow off ; And hkewise
to enjoy the full benefitt of their NaturaUzation according
to the tennor and purport of his Majestys Letters Patents.
[p. 28. H 1.]
[876.] Whitehall, 29 October:
[The Commissioners for Trade report that 265?. original Barbados
debt is very justly due to John Holman (c/. 861), and
recommend its payment], humbly Submitting it to his Majestys
further Consideration, what satisfaction his Majestie will
please to Direct for the Damages and other Prejudices which
the Petitioner hath Sustayned by reason of his sesonable
supply of his Majestys Occasions in a time of great difficulty.
The Treasury is ordered to take care for the payment of the
said sum] and also to cause such Satisfaction to be made
to him for his Damages as their Lordships shall think fitt.
iTp. 28. H 2.]
[877.] Whitehall, 24 November :
[The Sohcitor General, Sir Heneage Finch, reports as to Barbados
the case Middleton v. Chamberlain in Barbados : — ]
536 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
1. That in point of Law, Constant Silvester the Trustee
of Middleton had a cleare Title to the Inheritance of an
Hundred Acres devised to James by purchase from
Elizabeth Rehct of Robert Greene.
2. That however he ought not to haue been impleaded
during the Life of Ehzabeth but had unquestionable
Right to hold the same during her Life, in which two
points most of the Lawyers who were advised with upon
the case, agreed.
3. That Chamberlain as Guardian to George Greene
the Infant did against the true Right in Law recover
against Silvester by Verdict and Judgement.
4. That yet the Errors assigned by Silvester were
onely in forme, and not sufficient to reverse that Judge-
ment.
5. Silvester brought a new Ejectment, and the Defen-
dant Chamberlain as Guardian to the Infant George
Greene prayed the Plea might stay till his full Age, In
which Case and Action, Age was graunted but against
Law, as I conceiue.
6. New Errors assigned by Silvester, but not heard.
And I conceiue they were only Errors in forme, and ought
not to weigh, if they had been heard, it being impossible
that the Pleadings and Entryes at Barbados should be
so exact in forme, as the Pleadings in Westminster Hall.
7. Vpon the whole matter, the true Right being in
Silvester, as Trustee for Middleton, I conceiue a new
Ejectment ought to be brought, and no Age allowed to
the Infant, but that his Guardians should defend it at
their periU upon the Merits of the Title.
Which Report being this day read at the Boord, together
with a Petition of the said Thomas Middleton, Praying to be
restored, and put into the peaceable possession of the Land in
question, which hath been so long wrongfully deteyned from
him. And that Charge might be given to the Judges in the
1669.] ACTS Ol' THE PRIVlf COUNCIL (COLONIAL). 537
said Island of Barbados, to do him Right according to Law :
[the report was approved and ordered to be communicated
by Lord Willoughby] to the Judges of the said Island, with
this Signification of his Majestys Pleasure, That in any new
Ejectment to be brought by the said Mr. Middleton or his
Trustee in this case, in any of the Courts there, they proceed
therein, according to the said Report of Mr. Solhcitor, to the
end his Majesty may receiue no further Complaints therein.
[p. 49. t 2.]
[878.] Whitehall, 8 December :
[The Council refer to the determination of the Treasury Barbados,
the proposal and] Petition of Col. John Strode Setting forth
that Whereas Mr. Robert Spencer, Sir Charles Wheeler, and
others have offered to giue Seaven Thousand Pounds per
annum for his Majesties Revenue of Four and halfe per Cent,
in the Island of Barbados onely. And whereas some others
have offered to give Seaven Thousand Five hundred Pounds
for the Same together with the Four and haKe per Cent of
the Island of Mevis and the other Leeward Islands, he humbly
offereth to his Majestie Six hundred Pounds per annum for
his Majesties said Revenue in the said Leeward Islands, and
sayes thereby his Majesties Revenue wilbe advanced One
hundred Pounds per annum. [p. 67. ^ 3.]
[879.] Whitehall, 15 December :
The petition of Captaine Robert Robinson this day read Newfound
at the Boord setting forth that having been lately at his *" '
Majesties Plantation of Newfound Land he inspected the
condition of that Sohtary Place, and findes it wilbe of impor-
tance to his Majestie to fix some Governor there for the
Security of those Ports from the Surprize and invasion of
an Ennemy, and for the Comfort and Regulation of the
Inhabitants, And praying that if his Majestie in consideration
of the Proposalls in the Paper to the said Petition annexed
think it fitt to send a Governor to that Plantation, that the
Petitioner in recompence of his former Services might have
538 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
the benefitt and honor of that Imployment for soe long a
time as his Majestie should judge convenient, [is referred
to the Committee, meeting on 18 January with] Mr. Gould
and such other Merchants of London as are well knowing in
the Affaires of that Plantation, as the Agents of the Seuerall
Corporations of Plymouth Dartmouth, Barnestaple, South-
ampton Weymouth and Melcombe Regis, Fowey, East Lowo
and Lyme, or such of Them as will appeare, or any others
concerned in the Trade of Newfoundland, Who are hereby
required then to give their Attendance ; And vpon hearing
what shalbe said on all sides they are soe to state the nature
of this concerne to the Boord, as if They finde occasion to
alter the present constitution of that place Their Lordshipps
are then to prepare and offer such ProposaUs, as may most
conduce to his Majesties Service, and the PubUque good of
all that are concerned therein. [p. 75. ][ 2.]
[880.] Whitehall, 22 December :
Barbados. [The Council grant the petition of Morgan Lewis merchant,
to be allowed to transport 100 horses for the necessary use
of the planters in Barbados, where he has Uved for the most
part of twenty years, and whither he is now returning.]
[p. 82. H 2.]
[881.] Ibid.
Barbados. [On a representation from the Treasury as to the offers of
7000Z. per annum for the farm of the 4^% duty in Barbados
by Robert Spencer, Sir Charles Wheeler, George Marsh, and
Edward Cranfield, and of 600?. for that of the other Caribbee
Islands by Colonel John Strode, it is ordered] that forasmuch
as the persons first mentioned, have not onely made the fairest
offer but did much contribute to the reputation, and increase
of the said Farme of Barbados, That therefore the Lords
Commissioners of the Treasury doe forthwith proceede to the
perfecting a contract with Them for the space of Seaven
Yeares vpon the Termes aforesaid, Yet so as They cause a
Proviso to be inserted in the said Contract reserving a Power
1669.] ACTS OF THE PRIVY COUNCIL (COLONIAL), 539
to his Majestie to reassume the said Farme vpon just warning
and consideration given into his owne hands, not for the
Liberty or intent of making over the said Farme vnto any
others, But for his Majesties better accomodation, in case the
Inhabitants of the said Island shall desire to have the said
Duty of Four and halfe per Cent commuted for some other
Duty of more convenience to themselues and advantage to
his Majestie but for what concernes the rest of the said
Islands, their Lordshipps are to respitt the disposall of the
said Duty in Farme vntill such time as by Informations from
Sir Tobias Bridges or others the true Value of the said Duties
may be knowne which are supposed to be worth more then
what at present is offered. And whereas his Majestie was
pleased at the same time to declare and Order that all the
Revenue which shall arise by the Farmes of those Islands shall
be particularly applyed first to the Support of the Mihtia
remaining there, and the satisfaction of their Arreares, and
next to the Satisfaction of all such Persons who have in those
Parts susteined Losses of Shipps and Goods employed in his
Majesties Service in the late Warre, The said Lords Com-
missioners are hereby directed to send for the Right honour-
able the Lord Willoughby, and by his help to State all the
just Debts and demands as well of One Sort as of the Other,
That soe upon representation of the Same in CounciU his
Majestie may give finall Order for their Discharge by the
meanes aforementioned. [Particular attention is to be
paid to the case of Captain William Isles commander of the
ship Bachelor.] [P- 84. ^ 1.]
[882.] Whitehall, 22 December :
[The Council refer to the Treasury for examination and West Indies,
report the petition of Wilham Earl of KinnouU, rehearsing
the grant of the Caribbee Islands to the Earl of Carlisle], who
by a conveyance setled the same for the Payment of his
Debts, and the remainder is by descent or other good con-
veyance come vnto the Petitioner, and he of Right ought to
540 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1669.
enjoy the same. But there haveing been Some Questions
stirred before this Boord concerning the Same Graunts, and
by occasion thereof a Lease for Seaven Yeares of the Premisses
made to Francis Lord Willoughby, and an Order to pay vnto
the Petitioner Five hundred Pounds per Annum dureing the
said Lease, and afterwards to settle One Thousand Pounds
per annum vpon him and his Heires for Ever ; In consideration
whereof the Petitioner should surrender the Graunts ; vpon
which Order nothing has been done, either as to the surrend-
ring of the Grants by the Petitioner, or as to his Payment
and Satisfaction, Yet hath the Estate by Color thereof for
above these Eight yeare past been detained from him, to his
vtter ruyne vnlesse his Majesties Grace and favor releive Him,
And praying that his Majestic will please (since it is conceiued
fitter for his Majesties Service to reassume the said Islands
into his owne hands, then to suffer the Petitioner to enjoy
the benefitt of the said Grants) to give Order that Some speedy
and effectuall course may be taken for satisfjang the Petitioner
the Arreares of the said Five hundred Pounds dureing the
said Lord Willoughbyes Lease amounting to Three Thousand
Five hundred Pounds, and to settle One Thousand Pounds
per annum in England vpon the Petitioner and his Heires
from henceforth, vpon which the Petitioner is ready and wilUng
to Surrender the said Patents, and all his Interest therein.
\V. 85.]
[883.] Whitehall, 23 December :
Hudson's Vpon the humble petition of Charles Bailly prisonner in
the Tower of London this day read at the Boord Setting
forth, that after neere six yeares Imprisonment in the Tower
aforesaid, he was about Five moneths Since Discharged by
his Majesties gracious Order, conditionally that he should
render himseKe Prisoner to the present Leiutenant of the
Tower when he came out of France, from whence he returned
about Six Weekes Since and accordingly yeilded himselfe
Prisoner to the Tower Where he now remaines, and having
demeaned himselfe during the time of his enlargment noe
Bay,
1669-70.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 541
waies prejudicial! to his Majesties Government or Dignity
and would to the vtmost promote the one and quietly and
peaceably live vnder the other were his Majestic pleased to
grant him his Liberty. It is Ordered his Majestic present in
Councill that in case the said Charles Bailly will betake himsclfe
to the Navigation of Hudsons Bay, and the Places lately
Discovered and to be Discovered in those parts, which Sir
John Robinson Leiutenant of the Tower hath vndertaken he
shall doe, Provided the Adventurers in the said Navigation
will assure vnto him the said Charles Bayly such conditions
and Allowances as may be agreeable to reason and the nature
of his Employment the Petitioner is therevpon to be sett
at hberty. \V- 86. ^ 2.J
[884.] Whitehall, 12 January :
[The letter and papers sent by Sir Tobias Bridges from Barbados.
Barbados are referred to the Commissioners of the Treasury
for consideration and report.] [f. 100. *[[ 5.]
[885.] Whitehall, 26 January :
Robert Bendish, John Clements, Andrew Orgill, Edward Plantation
Flemming and others. Owners of the Shipp, King David, and
her Ladeing. Setting forth, That the said Shipp being Fower
Hundred Tons was Freighted by the Petitioners with seuerall
Manufactures of this Kingdome, and other Commodityes to
RocheU, from thence to New-Found-Land, where shee Laded
seuerall Sorts of Prouisions, as Masts, Plancks, and Victuall,
and sayled from thence with her said Prouisions towards
her Designed Port of Tangier ; That being vpon her said
Voyage to Tangier shee was Mett with off Cape St. Vincent
by the Argier Pirats, and there after Three days resistance
Boarded by Seventy Moores which they killed and Drowned,
after mett with Five Pirats more, when they were forced to
Surrender, but some dayes after were retaken by Captaine
Kempthorne ; but he meeting with Six Piratts more, was
forced to leaue the Petitioners Shipp, after which shee was
retaken by the Turkes, and then retaken againe by Sir
542 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670.
Thomas Allen, who sent her into Malaga, and hath giuen
order to Sell the said Shipp with her Lading ; And Praying
in regard the said Shipp hath so well Defended her selfe The
Master Edward Clements being made a Slave, And that the
Mariners are stiU on Board her, both Shipp and Lading may
be Restored to the Petitioners or their Order, by Sir Thomas
Allen and his Agents ; . . . the Duke of Yorke . . .
IS desired and Authorised to favour the Petitioners what he
may in order to the Restitution of their said Shipp and
Ladeing, and to giue such Directions therein as to his Royall
Highness shall seeme fitt and just. [p. 110. ]| 1.]
[886] Whitehall, 26 January :
French West [The Council grant the] Petition of Peter Barr Merchant ....
Companv. Setting forth That he is employed as a Factor for the French
West India Company in seueraU Businesses Depending at this
Board concerning the said Company wherein there is Matter
of Law which he is not able of himseKe to Manage, And
therefore Praying, That Sir Walter Walker Knight Doctor
of Lawes may be permitted to be his Councill, and to Appeare
at the Board for his Assistance in the Prosecuting the said
Busines. [p. HI- H 3.]
[SS7.] Ibid.
West Indies. [Thomas Martin setting forth the unlawful capture of the
Hope by the French in November 1667] notwithstanding he the
said French Captaine was advised of the Peace, shee being
taken farr beyond the Cape St. Vincent, and Eighteene
Degrees on this side the Equinoctiall Line, and Seventeene
dayes after the time Limitted for Peace betweene his Majestie
and the French King in that Latitude, Contrary to the 16th
and 17th Articles of the Treaty of Breda the said Master and
his Men Suffering in the meane time to a great Extremity for
want of Victualls and other neeessarys for the Sustenance
of life. Who were afterwards sent by Sir Thomas Mudyford
Gouernor of Jamaica to the Tertudos a French Island, (where
the Petitioners said VesseU had been Carried by the said
1670.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 543
Capt. Champaine) in hope of receiuing Satisfaction for the
losse of the same. And upon Demand made thereof by the
said Christopher Tugwell, the said Vessell was redehuered unto
him much Pillaged, and Damaged, with a very small part of
her Goods, which paid not the Charge of Refitting her to Sea ;
And at her returne hither Oath was made by the Mate, and
others belonging to the said VesseU, in the High Court of
Admiralty, That the losse and Dammages sustayned, was
to the Value of Six Thousand Foure Hundred Sixty Fiue
Pounds sterling besides returnes. The said Captain Cham-
paine haueing confesed the Capture of the said Shipp, [Lord
Arlington is directed to treat with the French Ambassador
to procure satisfaction to the petitioner for his losses].
[p. 112. If 3.]
[888.] Whitehall, 26 January:
[The Council refer to the Committee for examination and Maine.
report the] Petition of Ferdinando Gorges Esqr Setting forth.
That the Petitioner is Grandson and Heire of Sir Ferdinando
Gorges Knight Who in his hfetime had a Grant to him and
his Heires from his late Majestic King Charles the first (of
Blessed Memory) of the Province of Maine in New England,
Who by virtue thereof was in quiet possession of the said
Province till afterwards for his Loyalty to his Majestie he
was Disposessed thereof, By the Gouernor of the Bay of
Boston and then dyed, after whose death the said Province
discended to the Petitioners his next Heire, who was likewise
possessed thereof, Notwithstanding which the said Gouernors
of the Bay of Boston haue by force of Armes taken Possession
of the said Province, and ejected the Petitioners Officers.
And pra3dng to be restored to the Gouernment, and quiet
Possession of the said Province. [p. 113. ^ 2.]
[C.S.P. III. 150.1.]
[On 27 April Mr. Gorges having asked that a day may be
fixed upon for the consideration of his petition by the
Committee, it is appointed to be heard on 3 May at three in
the afternoon, when Mr. Gorges, Col. Richard Nicolls, Captain
544 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670.
Robert Needham, Mr. Nathaniel PhiUpps, Captain Littlebury,
Mr. John Archdale and Richard Bowles (Mr. Gorges' witnesses)
are to be present.] [p. 158. ^ 1.1
[On 11 May the Committee find Mr. Gorges' allegations
true, but it appearing to be a matter of importance it is
referred by the Board to the Committee for Foreign Affairs,
and the papers relating thereto are dehvered to Lord
Arlington.] [p. 179. ^ 2.]
[CS.P. III. 184.]
[889.] Whitehall, 4 February :
Newfound- [The Council allow of and confirm the Committee's report
land. ^
on the reference of 15 December as to the placing of a Governor
in Newfoundland], That they ... do not thinke fitt
to Recommend the Petition and Proposalls of the said Captaine
Robinson to his Majestic for a Gouemor there, but for the
keeping the People now hueing in that Island in Christianity.
Their Lordships humbly Proposed that his Majestie would be
pleased to send a Chaplaine on the Convoy shipp now goeing
thither. And to giue the Captaine some such farther to
regulate Abuses there, as his Majestie shall think fitt, with
reference still vnto the Letters Patents Granted by the late
King of Blessed Memory, and since Confirmed by his Majesty
unto the Majors of the seueraU Westeme Ports, for the
Regulation of the Fishing Trade of Newfound Land.
[p. 121. H 2.]
[890.] Whitehall, 9 February :
Barbados. [With regard to Colonel Strode's former offer of 6001. per
annum for the farm of the 4 J per cent, duty ta the Leeward
Islands other than Barbados], it being now the time of the
yeare to employ Shipping to those parts, which otherwise
this Recalto wiU be lost, [it is referred to the Treasury to
perfect the contract with the petitioner as shall seem fit
and best for his Majesty's service], [p. 124. f 3.]
1670.] ACTS OF THE PEIVY COUNCIL (COLONIAL). 545
[891. J WhitehaU, 25 February :
[On the representation of the Treasury] That they haue Newfound-
receiued fresh Complaints from the Major and Corporation
of the Towne of Plymouth in the County of Devon, That
notwithstanding the aforesaid Lawes and Letter of this
Board, [of 4 December 1663] the seuerall abuses aforesaid
are still continued and Augmented by divers Owners and
Masters of Shipps belonging to Topsham Biddiford, Members
to the Port of Exeter and Barnstable, And at this present
many Hundreds of Seamen are preparing for that Voyage in
Shipps Victualled with Prousions brought from Ireland, by
meanes whereof the Seamen will be Carryed away without
so much as the Expence of English Prouision, and many
Shipps lye by the Wall for want of Men, contrary to the
good intent of the aforesaid Lawes, the Letter of this Board,
and the many and serious Reasons induceing the same. All
which haueing been duely Considered at this Board, together
with the evill Consequences, which will be occasioned thereby,
[The orders of the letters of 4 December 1663 are re-enforced.
The officers of the Customs, especially the Patent Officers of
the ports of Exeter and Barnstaple and their members are to
report to the Board the names of offending shipmasters and
to make stay of their vessels in the mean time.] [p. 138. ^ 2.]
[892.] Whitehall, 6 July :
A Letter to Sir William Berkeley [John Parvacks com- Virginia,
plains that in spite of orders for satisfaction to be made by
Edmond Scarborough to his father Daniel Farvacks (now
deceased) Scarborough refuses to comply with his Majesty's
commands]. Which being taken into Consideration, Wee do
by his Majestys Command signify unto you his expresse
Will and Pleasure, And accordingly Wee do hereby pray and
require you, that you use your best Endeavours, that the
Petitioner may haue speedy Justice done unto him, and in
order thereunto, that you forthwith cause the said Edmond
Scarborough to appeare before you, and not suffer him to
35
546 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670.
depart out of your Government untiU he hath either paid the
said Debt, or given sufficient Security to satisfy the same if
upon a tryaU at Law it shalbe found due And of your Pro-
ceedings herein to giue an Account to this Boord.
[p. 215. ^ 3.]
[893.] WhitehaU, 13 July :
Maryland. . . Thomas Gookin by his humble Petitjion this day read
at the Boord Setting forth, That . . Mr. Calvert is now in
England, and hath had notice of the Order [of 1 July 1668
as to the seizure of the Hopewell (cf. 782)], but hath not yet
given him any Satisfaction for the said Wrong, And there-
fore Prajring, That a short time may be appointed for the
said Governor to attend this Boord to giue an Accoimt of his
Proceedings in this Busines. [It is ordered that Mr. Calvert
receive a copy of the petition and return his answer on the
29th instant when the case will be heard.] [p. 218. ^ 1.]
[894.] WhitehaU, 15 July :
Newfound- [The Owners of the Ship King David petitioning that in
consideration of the valiant defence of the said ship, order
may be given] That the Moors being about ffifty in number
on board the said Ship upon the retaking thereof by Sir
Thomas Allen might be sold, and' the proceed of them employed
towards the Redemption of Mr. Edward Clements Master,
and Jeremiah Armiger Supracargo and twenty ffour Mariners
made Slaues by the said Pirates, which wilbe an encouragement
to Seamen in generall and a great Releife to the Poor men,
who not being able to redeeme themselues, must otherwise
remaine in Slavery Vpon consideration whereof, his Majesty
was pleased to Declare, That the Proceed of all Turkes and
Moors, which are, or shalbe taken by any of his Majestys
Ships of Warr, and haue or shalbe sold, be employed towards
the Redemption of such of his Subjects as are Slaues at
Argeirs, &c And . . the Duke of Yorke [is] desired to
signify this his Majestys Pleasure to the Commanders in cheife
of his Majestys ffleetes in the Streights or elswhere, and to
1670.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 547
giue Directions, that the Persons abouenamed be the first
redeemed out of such Monies, And for the future such as haue
made the best and gallantest Defence before they fell into
the Enemies Hands haue preference in redemption out of
the said Monies before any others. [p. 222. Tj L]
[895.] Whitehall, 29 July :
The humble Petition of seuerall Officers of his Majestys West Indies.
Regiment under the Command of Sir Tobias Bridge in the
West Indies employed to soUicite their Concernes, being this
day read at the Boord, Setting forth. That since the raysing
and sending that Regiment to the West Indies (where his
Majesty Ordered them also to be paid) his Majesty hath been
pleased to appoint the said Sir Tobias Bridge to receiue the
Moyety of the Revenue of 4 & | per Cent, towards their Pay
And in December last, the other Moyety falhng to his Majesty,
the Lords Commissioners of the Treasury were directed to
let to ffarme the intire 4 & ^ per Cent, which was first to be
applyed to the Pay of the said Regiment and then other
Debts, Which Contract being perfected, and (as the Petitioners
are informed) that Revenue made payable to his Majestys
Exchequer at Westminster, but no Provision yet made for
the Petitioners Releife and Support out of the same They
therefore most humbly prayed That his Majesty would be
graciously pleased to giue effectuall and timely Order, That
before the said Revenue of 4 & J per Cent be taken from them,
they may pursuant to an Order of the 22th of December last
receiue their Arreares to enable them to pay their Debts
contracted in the said Islands, And if they are longer to be
continued, that they may haue an Establishment and setled
Pay as all other his Majestys fforces haue, [The Treasury are]
authorized and required to giue directions for continuing and
setUng the same Allowance unto the said Regiment for their
Pay untill further Order out of the said Duty of 4 & J per
Cent either in money or in kind which their Lordships shall
judge best, as the said Regiment receiued, before letting the
said Revenue to ffarme.' [p. 234. ^1.]
548 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670.
[896.] Whitehall, 12 August :
Maryland. [On hearing counsel for both parties in the case of the seizure
of the Hopewell in Maryland] for that it did not appeare to
the Boord that the Condemnation and Sale of the said Shipp
by the officers of Justice in that Province was illegall, but
on the Contrary that the said officers proceeded in that affaire
according to law, and for that Mr. Gookin did not make it
appeare that Mr. Calvert Licenced the said Vessell to Trade
in Mary Land as he alleaged Notwithstanding the act for
encouragment of Trade, [the petition of Mr. Gookin is dis-
missed] His Majestic declaring withaU that in this and all
such cases the Third part due to his Majestic by law be asserted,
and reserved for his Majesties vse. [f. 246. 1| 2.]
[On the 15th, on Gookin's petition] in consideration he had
bought this Shipp with ready money from his Majestic,
and as some ease to the charge time, and Journies he had
taken to prosecute his supposed Right, that his Majestic would
Vouchsafe to bestow his said Third Part vpon him. [His
Majestic was graciously pleased to grant the request, and notice
is given to Lord Baltimore accordingly.] {p. 259.]
[897.] Whitehall, 19 August :
Dela%¥are. It being this day represented by his Royall Highnes to
his Majestic in Councell that the Right Honourable the Lord
Baltimore did pretend a Right and title to Some Parts of
Delaware Bay and River by virtue of Letters Patents granted
to his Lordship for the Province of Maryland, which Parts,
and likewise the whole Bay and River were reduc't by force
of Armes under his Majesties obedience from the Dutch, and
Still remaine in the Possession and to the charge of his Royall
Highnes. It was this day Ordered . . that the difference
be determined before his Majestic in Councill shortly after
Michaelmas next, and that such Papers as concerne the
claime of his Royall HighneS be lodged with the Clerk of the
Councell in Waiting vntill the day of hearing when the bounds
pn either side shalbe assigned and set out, and the Lor(J
1670.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 549
Baltimore is also to bring in his claime before his Majestie in
Councill at the time which shalbe appointed. In the meane
time it is ordered that his Royall Highnes shall remaine in
quiet and full possession of Delaware Bay and River and
all other places whatsoever acquired from the Dutch West
India Company or Burgomasters of Amsterdam in those his
Majesties Territories, And hereof all persons concerned are
to take notice, and to give obedience accordingly.
[p. 268. Tf 2.]
[898.] Whitehall, 20 August :
Vpon the humble petition of Thomas Martine of London West indies,
merchant complaining of Seuerall great Violences done him
in the West Indies by the French, and first Setting forth [the
case of the Hope (cf. 856, 868, 887)] which case hath been
Stated in the Admiralty and reported to his Majestie in
Councell, and order Issued for his reparation, but as yet
without releif. The Petitioner also Setteth forth that in the
Moneth of March last past, he having one Other Shipp called
the Hope Thomas Blackman Comander which had beeh for
Two Yeares Trading into the West Indies, and being bound
from Virginea to Barbados missed his Island and wanting
Water to keepe the Men alive put into Martineco not doubt-
ing of that releif in a time of peace betweene the Two
Crownes, But the French Governor Monsieur de Basse
presently made seizure of the Goods and Shipp confiscating
all, and putting the Captaine into Prison where he is still
detained That the pretence for this violence is on the
Allegation that one Captain Rakes a Privatier of Jamaica
had Seized a French Sloope bound for the mayne and carried
her to Nevis, Where a Complaint followed him to the Governor
of this Island from the Generall of St. Christophers, the said
Rakes was for Two Moneths imprisoned but noe other proofe
or prosecution being brought against him, And he on the
contrary making it appeare that the said Sloope was on the
Spanish Accompt and manned wholly with Spaniards, and
had a Passport from one of the French GeneraUs to secure
550 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1670.
her voyage to the mayne, he was set at Hberty by the Governor
of Nevis and so remained till the said Seizure of Captain
Blackman, who sending one to the said Governor of Nevis
to set forth the condition he was in and the pretence thereof,
which was also accompanied with a letter from the French
Generalls to the same effect, the said Governor did the Second
time imprison the said Rakes And returned Answer that a
more effectuall tryall of this person should either he sent
to the Governor of Jamaica from whom he had his Commis-
sion, or to Monserratt where the Court of Admiralty being
Establisht he might be prosecuted according to Law, And
in Order herevnto the said Rakes was immediatly Sent vnto
Monserrat, But the French Generall rejecting this faire and
Regular Method of Justice violently declared that he would
immediatly take the Reparation he thought fitt from the
said Blackman that was now in his hands, and if any body
were agrived thereat They might goe to Paris and Complaine,
That the truth of this relation is here verified by the
Deposition of seuerall Witnesses of Creditt in his Majesties
high Court of Admiralty and anaaexed to the Petitioners
complaint. He further setteth forth that having laden a
ship called the Merchants Adventure burthen 400 Tunns with
61 horses from Ireland, and being Distressed for Want of
Water for the said Horses, They put into Guardaloop a ffrench
Island to fill water, but the Rigour and Cruelty of the
Governor and People there was such as that the said Shipp
was refused a Httle water whereby more than halfe the Said
Horses perished, which vsage although the Petitioner doth
not ranck among the Violencies and injustice vsed against
him in the preceeding complaints, yet he presumes to lay it
open that his Majestie may take notice how his Subjects
are vsed by those who pretend to be in ffriendshipp and
Allyance with him, And therefore vpon the whole praying
his Majesties protection and releife.
His Majestie was pleased to declare a very great sense of
the petitioners losses and suff rings, and seeing the proof es
1670.] ACTS OF THP] PRIVY COUNCIL (COLONIAL). 551
of his complaint are soe cleere as to have passed already
through the High Court of Admiralty, [Lord Arhngton is
ordered to expose the petitioner's case to the French Ambas-
sador residing here, and endeavour to procure for him
speedy and effectual reparation]. [p. 272.]
[899.] Whitehall, 20 August :
Vpon reading the Petition of woohgang Howser Atturney Jamaica,
of Henry Howser and James ZeUar his Majesties Chaplaines
at Jamaica, Setting forth that his Majestie out of his Princely
and Christian care for the Good of his subjects in Jamaica by
his Privy Seale vnto Thomas Povey Esqr Did make Pro-
vission of a Maintenance for severall chaplaines which were
to reside there, to be chosen by the Lord Bishopp of London,
That the said Howser and Zellar were accordingly elected and
by agreement were to have One hundred pounds apiece per
annum to be paid haKe yearely, which allowance they have
enjoyed euer since the yeare 1663, but now there is a stop
made thereof by the refusaU of the Lords Commissioners of
the Treasury who make deficulty to allow the same, And
for that they have performed their Duties and had noe notice
given Them it was his Majesties pleasure to withdraw the
same. They humbly pray his Majesties order for the payment
of what is already due with a declaration of his Majesties
future pleasure concerning Them, And it being at the same
time represented to his Majestie that the Lord Bishopp of
London would pay the haKe yeares Sallary that is now in
arreare. [The matter was referred to the Council lately
estabHshed for foreign plantations to find a way for their
future payment, and to report.] [p. 275. Tj 1.]
[On 7 December the same, or a similar petition is similarly
referred.] [p. 340. ^ 3.]
[C.S.P. III. 353.]
[900.] Ibid.
[Captain Isles of the Bachelor having yet received no rehef Barbados,
petitions] that his Majestie would direct the Lords Commis-
sioners of the Treasury to Order and passe a Privy Seale for
552 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670.
the whole Debt, To pay the 310Z. Due to the Petitioner and
his Company out of the 1500Z. advanced by the Farmers of
the Customes at Barbados for their present Supply and releife,
and to cause the other 310L to be registred and paid out of
the Rents of the Four and halfe per Cent of that Island as
it shall grow Due from the ffarmers thereof. His Majestie
being present in Councell and taking the Petitioners alle-
gations, and long attendence into his Serious Consideration,
and wel knowing that it is already directed the Regiment of
Soldiers at Barbados are in the first place to be satisfied out
of the Revenue there, [orders that the payment of the money
due to the petitioner be satisfied out of the said farm next
and immediately after the pay of the Barbados regiment].
\.V- 276. II L]
[901.] Whitehall, 23 September :
West Indies. . . John Miller and Company, Owners of the Shipp the St.
George of London, Henry Wasey Master, and Sir Paul Painter
Knight and Company of Merchants Owners of the Lading of the
said Shipp, Setting forth, That about the 10th of June last the
said Shipp being in her Course for London from the Barbadoes
was seized and Plundred by a Shipp called the St. John of
Amsterdam, and afterwards Caryed into the Isle of Caracao
in the West Indies belonging to the Holland West India Com-
pany, where shee is deteyned, notwithstanding the said Masters
Sollicitation for her Release. And praying releife' therein
[It is ordered that Sir John Trevor, confer with the Dutch
Ambassador as to reparation to be made ; and that Sir William
Temple do write effectually to Monsieur de Witt concerning
the same.] [p. 293. T| 1.]
[902.] Whitehall, 19 October :
Surinam. It was this day ordered by his Majestie in Councill, That
Samuel Pepys Esq. one of the Principall Officers of his
Majestys Navy, do conferre with Mr. Williamson touching
the Shipps that are to be sent to Surinam to fetch off his
Majestys Subjects there. And that he then attend his Royall
1670.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 553
Highness the Duke of Yorke, etc., to give him an account
thereof. [p. 299. ^ 2.]
[903.] Whitehall, 21 October :
His Majestie being this day Informed in Councill by Letters Transporta-
from Virginia of the great danger and disrepute is brought (>^hials.
vpon that his Majestys Plantation by the frequent sending
thither of ffellons and other Condemned Persons, for pre-
vention whereof the Court there haue made an Order Pro-
hibiting the Importation of any such People after the 20th
of January next. And desireing his Majestys gracious Con-
firmation of their said Order. It was thought fitt and accord-
ingly Ordered by his Majestie in Councill That from and after
the Date hereof no Fellons or other Condemned Persons shall
be sent or Transported from hence to his Majestys said Coloney
of Virginia, but that they be sent to any other of his Majestys
Plantations in America ; And hereof aswell the Judges of his
Majestys Courts of King bench. Common Pleas, Barons of the
Exchequer, as also all Sheriffs, Officers, and Farmers of his
Majestys Customs, and all other his Majestys Officers and
Ministers whom it may Concerne are required to take notice,
and yeild due obedience herevnto accordingly.
[p. 302. 11 2.]
[904.] Ibid.
[The case between the Duke of York and Lord Baltimore Delaware.
" Concerning certain Lands in the West Indies "is ordered to
be heard on the 28th, when Lord Baltimore is to " bring
with him his Letters Patents by which he Claymes his
Propriety to Maryland."] [p. 304. ^j 2.]
[905.] Whitehall, 4 November :
[Sir William Temple having written to Monsieur De Witt West Indies.
on behalf of the owners of the St. George of London as ordered
on September 23, he] receiued in answer a Memoriall, that
the Spanish Ambassador there had delivered to the States of
Holland, complayning of the deteyning of the said Ship
554 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670.
St. George from the Spanish Captaine that tooke her, Vpon
which Memoriall and the said Petitioners Complaint the States
of Holland haue sent directions to their Ambassadors here,
that they with the Spanish Ambassadors now Ukewise residing
here, and such Persons as his Majesty shall appoint to adjust
the matter in difference touching the said Ship, And there-
fore the Petitioners most humbly Praying, That his Majesty
would be pleased to appoint such Persons as he shall thinte
fit to heare and determine the said Busines, [the petitioners
are ordered to attend] Lord ArUngton, and Sir John Trevor
. with a true State of their Case, who receiving from Sir
Wilham Temple an Account of his Negotiation in this Affair,
are hereby desired to conferre with the Spanish and Dutch
Ambassadors [and endeavour to secure just reparation to the
petitioners, and report to the Board]. [p. 317. Tj 1.]
[906.] Whitehall, 4 November :
West Indies. . . John Worsam and Company Owners of the Ship Peach
tree of Barbados, James Taylor Master, and John Buckworth
and Company Merchants and Owners of the Lading of the
said Ship, Setting forth, that the said Ship being laden with
Sugar and other Comoditys of the growth of the Barbados
was in her Voyage from that Island towards London on the
10th of June last met with by a Ship called the St. John of
Amsterdam, Capt. Christopher Linch Comander who being
manned with Spaniards and Hollanders, as also one Capt.
John Denovaheel, did forceably seize upon the Petitioners
said Ship Peach-tree and her Lading, plundred the Master
and all his Company in a barbarous manner being then in
the latitude of 20 Degrees and 40 Minutes, and afterwards
carried her to the Island of Carasao in the West Indies where
the said Master James Taylor complayning to WiUiam Beekes
the then Governor of the Holland West India Company of
the unjust seizure of the said Ship and Lading he commanded
her to be brought into the Harbour, but coming in they ran
her wilfully upon the Rocks, where both Ship and Goods
1670.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 555
were lost to the Damage of the Petitioners 5000?. notwith-
standing at first, she might haue been preserved with her
Lading if the said Governor, upon the said Masters apphcation
to him, would haue permitted it, whereupon the said Master
did earnestly and often solHcite the said Governor for Satis-
faction, but could receiue no other Answer, then that he must
go into Holland, there to take his Course at Law for it, Where-
fore the Petitioners most humbly Praying, That his Majesty
would be graciously pleased to cause his Letters to be written
to the States of the Vnited Provinces, that the value of the
said Ship and Goods might be restored to them, there being
no Cause at aU for their Seizure, [The petitioners were referred
to the Secretaries of State in the same terms as in the pre-
ceding case of the St. George]. [p. 317. 1| 2.]
[907.] Whitehall, 14 December :
[Sir T. Bridge's letter of 19th Oct. from Barbados, with Barbados,
the papers enclosed concerning the customs and duty of the
island and a bundle of muster rolls, is to be transmitted to
the Commissioners of the Treasury.] [p. 343. ^ 2.]
[908.] Whitehall, 23 December :
[Upon representation by Thomas Martin of his losses West Indies,
through Monsieur de Baas, Governor for the French West India
Company in Martinique and Guadeloupe, the Commissioners
of the Navy are directed to suspend payment to the Company
of the 2438Z. 10s. Id. ordered on the 16th (see 764)], vntiU the
petitioner doe receiue the satisfaction that shall appeare to
be justly due to him for his losses as aforesaid, or vntiU
farther Order from this Boord. [p. 351. ^ 1.]
[On 10 February this order is cancelled, and Martin's claims
referred to Lord ArUngton for examination and report.]
[p. 378. Tf 2.]
[909.] Ibid.
Vpon reading the humble petition of the merchants Newfound-
owners, and masters of Shipps, and Inhabitants of the ^^'^•
Westerne Parts of this Kingdome adventuring to the Newfound
556 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1670-1.
Land in fishing Voyages, praying his Majestie that the said
fishery be maintained by fishing Shipps according to its ancient
Customes, That Incroachments there vpon may be removed,
and that the Mayors Mentioned in their Patent may be
impowered to authorize, and depute from time to time persons
to execute the Lawes, and Constitutions for the fishery
according to the intent of the same, as by the said petition
is more at large set forth. [The case is ordered to be heard
on 4 January, and all parties concerned are to have timely
notice, to attend]. [p. 352. ^ 4.]
[C.S.P. III. 362. iii.]
[910.] Whitehall, 23 December :
Barbados. [Robert Ramsey's letter from Barbados of 19 October with
five bundle of muster rolls is transmitted to the Commis-
sioners of the Treasury.] [p. 353. ^ 3.]
[911.] Whitehall, II January :
Newfound- [The petition regarding the Newfoundland fisheries and all
papers relating thereto, are referred to the Council for Plan-
tations], to Consider of the best wayes and meanes whereby
the Fishing Trade in New-found-Land may be Regulated, and
Advanced, And also protected and secured from fEorraigners,
and how the said Trade may be mannaged for the encrease
of Seamen, and the advantage of his Majestie and his Sub-
jects ; As likewise to take into their Consideration his
Majesties Charter, and the additionall powers desired by the
Western Traders thither, and to Report . within 14
dayes after the Date hereof, in regard of the approach of the
season for sending the Shipps thither. And for their better
Information, It was farther Ordered, That all persons con-
cerned, as also Mr. Gould, the Merchants and others who gave
their attendance this day, as likewise Captain White, and
Capt. Terwhit who came lately thence, do from time to time
(vpon notice given) attend the said Councill of Plantations
as occasion shall require, the better to enable them to make
their Report within the time hereby Umitted. [p. 360. ^1.]
[C.S.P. III. 385 & 362. iii.]
land.
1671.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 557
[912.] Whitehall, 15 February :
[On reading Lord Arlington's report as to Mr. Martin's case, West indies,
the whole matter is referred to the Judge of the Admiralty],
who is to Consider thereof, and particularly of the 16th Article
of the Treaty at Breda, and to [report on the 17th J what is
fitt for his Majestie to doe there vpon for the Petitioners releife
and satisfaction. And that he then likewise returne to the
Board the Papers and Report herewith transmitted vnto him.
[p. 379. II 1.]
[913.] Whitehall, 3 March :
It was this day Ordered by his Majesty in Councill That Tobago,
the Right Honorable the Lord Chamberlain of his Majestys
Household, the Earle of Bridgewater, Earle of Anglesey,
Earle of Lauderdail, the Lord Arlington and Mr. Secretary
Trevor be, and they are hereby appointed a Committee of
this Boord to treate with the Agent from the Duke of Cur-
land, and to receiue his Proposalls. [p. 388. ^ 4.]
[914.] Ibid.
Whereas Thomas Martyn [has applied to] the ffrench vvest Indies.
Ambassador for Reparation . . but without effect the said
Ambassador replying, he is to seeke his Remedy in ffrance,
upon which the said Mr. Martin desired Letters of Reprizall,
which his Majesty upon hearing the Judge of the Admiralty
upon the Case, did not thinke fit to graunt, yet being very
sensible of the Losses and Injurys he the said Martin hath
susteyned and the Reparation he ought to receiue. Hath
thought fit to Order, [that Lord Arlington] represent unto the
ffrench Ambassador how frequent a practise it hath been with
his Majesty in favour of the ffrench Subjects to dehver them
from the Vexations and Expence of Law, when their Ships
and Goods haue been detejmed to referr the Examination of
their cases to one single Person, and upon his Report presently
to Order the restitution of all. And that therefore by an
equall rule of flavour, especially in a case so tender and
important, as this of th^ Petitioner, that his Majesty doe^
558 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1671.
hope, the Ambassador will thinke it convenient to perswade
and presse the King his Master to command a like favourable
and summary Proceeding now at Paris, That the Petitioner
may haue speedy Justice, and that the Evidences he hath
been able to produce in the Court of Admiralty here, may
also there take place. And for the Petitioners better Successe
in this method of Proceeding, His Lordship is also to prepare
a Letter for his Majestys Royall Signature, directing his
Ambassador in France to soUicite earnestly for a good and
speedy Issue in this Concerne. [p. 389. ][ 1.]
[915.] Whitehall, 10 March :
Newfound- [The Council of Plantations, on examination of aU parties
land. concerned in the Newfoundland fisheries and consideration of
the best means of regulating the fishing trade, in accordance
with the reference of 11 January, submit the following rules
as an addition to the former charter for the government of
the fisheries. The Council approve thereof and the Attorney
General is directed to prepare a bill confirming the charter
with these additions] : —
1. That aU the Subjects of his Majestys Kingdome
of England shall and may for ever hereafter peaceably
hold and enjoy the ffreedome of taking Bayte and ffishing
in any of the Rivers, Lakes, Creekes, Harbours, or Roades
in or about Newfoundland, or in any of the Islands adjoyn-
ing thereto, with Liberty to go on shoare in any part of
the Newfoundland, or the said Islands for the curing,
salting, drying, and husbanding of their ffish, and making
of Oyle, and for the cutting of all manner of Wood and
Trees for the building or making of Stages, Roomes
Trayne fiats. Hurdles, Ships, Boates, and other neces-
sarys for themselues and their Servants, Seamen and
fiishermen, and all things which may be usefuU or
advantageous to their ffishing Trade, as fully and freely,
as at any time heretofore hath been used or enjoyed
there by any of the Subjects of his Majesty or of his
1671.] ACTS OF THE PEIVY COUNCIL (COLONIAL). 559
Royall Predecessors, Provided alwaies that they submit
unto and observe all such Rules and Orders, as now are or
hereafter shalbe estabhshed by his Majesty his Heires or
Successors for the Government of the said ffishery in
Newfoundland.
2. That no Alien or Stranger be permitted to take Bayte
or Fish in any of the Rivers, Lakes Creeks, Harbours,
or Roades in Newfoundland betweene Cape Race, and
Cape Bona Vista or in any of the Islands thereunto
adjoyning.
3. That according to the Estabhshment of his Majestys
RoyaU ffather of Blessed memory in the 13th yeare of
his Reigne No Planter or Inhabitant in or upon the said
Newfoundland be permitted to fell, cut downe, roote up,
wast, burne or destroy any Wood or Timber Trees, or
erect or make any Houses, Buildings^ Gardens &c
or inhabite or plant within Six Miles of the Sea Shoare, or
in any part of the said Newfoundland, betweene the
Cape de Race, lying in or about 46 degrees of North
Latitude, and the Cape Bona Vista lying in or about
49| degrees Hkewise of North Latitude, nor upon any Island
within Ten Leagues of the Shoar betweene the said
Capes.
4. That no Planter or Inhabitant in Newfoundland do
take up, or possesse any of the Stages, Cooke Roomes
&c Beaches or Places for taking Bayte or ffishing, before
the Arrivall of the ffishermen out of England, And that
they be all provided.
5. That the Clause in his Majestys Charter of Confir-
mation of the Rules and Orders for regulating of the
Newfoundland ffishery bearing date the 26th of January
in the 12th yeare of his Majestys Reigne concerning the
Transportation of Men thither may be altered and enlarged
in manner following. That is to say. That no Master or
Owner of any ffishing Ship do transport or carry any
Seamen, ffishermen, or other Persons in his Ship to
560 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1671.
Newfoundland, other then such as are truly belonging
to his or other Ships Company, and such as are engaged
in the Voyage and share or shares or Hire of the said
Ship.
6. That no Master or Owner of any ffishing Ship do
transport or carry in any one Ship for a ffishing Voyage
more then Sixty Persons to One Hundred Tons Burthen
of the said Ship, and so proportionably for all Ships
of a greater or lesser Burthen.
7. That it be strictly provided for, and commanded,
that every ffifth Man yearly carried out of England be
a Greene Man, That is to say, not a Seamen.
8. That the Masters and Owners of all ffishing Ships
trading out of England to Newfoundland, be enjoyned
(according to the number of Men in their respectiue ships)
to provide in England, Victualls and other Necessarys,
(Salt only excepted) for the whole Voyage or ffishing
Season for themselues and Companys, and to put the same
on shipboard, before their going out of Port here.
9. That it be likewise strictly commanded. That no
ffishing Ship or Company do depart out of England
directly for Newfoundland, on any ffishing Voyage in any
yeare, before the first day of March, nor to the Isles of
Cape de Verde, intending from thence to Newfoundland,
before the 15th day of January ^
10. That from hence forward all Masters of ffishing
Ships trading to Newfoundland shall yearly before the
beginning of their Voyage give Bond in his Majestys Name
to the Mayors for the time being of the Ports of
Southampton, Poole, Weymouth, Melcombe Regis, Lyme,
Exeter, Dartmouth, Plymouth, East lowe, ffowey, fial-
mouth, Biddiford, Barnstable and Bristoll, and all other
Ports and Townes upon the Coast of England respectively
according to the Port or Place from whence they shall
set out, under the penalty of One Hundred pounds, with
1671.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 561
Condition that they shall not carry out any Seamen, ffisher-
men, or other Persons, other then such as are truly
belonging to his or their, or other Ships Company and
such as are engaged in the Voyage, and Share or Shares,
or Hire of the said Ship or Ships respectively ; And that
they shall bring or cause to be brought back into Eng-
land all such Seamen, ffishermen, or other Persons, as
they shall carry out, (Mortahty and the Danger of the
Seas excepted) and also such Persons as shalbe employed
from the Newfoundland, in EngUsh Ships with ffish for
Market voyages. Provided neverthelesse, that if any
of the said Seamen, ffishermen &c shall run away or
desert their Ships, the Master or Masters of such Ship
or Ships, paying such Persons Share or Shares, or Hire
to the Mayor of the Place from whence the said Ship
set out, shalbe discharged of his or their Bond or Bonds
respectiuely. Or if no Complajmt shalbe made against
the said Masters within three Moneths after their Returne
from the said Voyage, then his and their Bonds to be
delivered up unto them respectiuely.
11. That no Master of any ffishing Ship or others do
take up or use any Stage already built, in any Port,
Harbour, or Bay betweene Cape Race and Cope Bona
Vista, with a lesse number of Men, then Twenty ffive,
who are to be of one intire Company.
12. That no ffisherman or Seaman carried out as afore-
said, be suffered to remaine in Newfoundland in the
Winter, after the ffishing Voyage or Season is ended.
13. That the Admiralls, Vice Admiralls, and Rere
Admiralls of and in every Port and Harbour in
Newfoundland for the time being be authorized and
required to preserue Peace and good Government among
the Seamen and ffishermen, in their respectiue Harbours,
aswell as on the Shoare, To see his Majestys Rules and
Orders concerning the regulation of the ffishery duly put
36
562 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1671.
in Execution, and to cause all Offenders to be appre-
hended, that they may be punished according to their
demerits.
14. That the AdmiraUs, Vice Admiralls and Rere
Admiralls in their respectiue Harbours Bays &c may
according to ancient Custome be empowred to appre-
hend and secure aU offenders for any Crime committed
in Newfoundland, on Shoar, or at Sea, and to bring them
into England.
15. That the seuerall Admiralls in their respectiue
Harbours and Bayes in Newfoundland do on or about the
20th day of September yearly pubHsh in their said
Harbours and upon the Shoare his Majestys Orders and
Commands forbidding aU Seamen or ffishermen to stay
or remaine in or upon the said Newfoundland, after the
last day of October.
16. And that the said AdmiraUs do yearly keepe Jour-
naUs of their Proceedings there, and at their Returne into
England deliver Copies of them, with an Account of the
number of Ships, Boates, Stages, Trayne ffats Sec And
of the Seamen and ffishermen belonging to and employed
in their respectiue Harbours unto his Majestys Councill
for fforraigne Plantations.
17. That the seuerall Recorders or their Deputys, and
the Justices of Peace for the time being of the respectiue
Townes, Ports and Places before named, and one neigh-
bouring Justice of Peace for the same County, may be
joyned in Commission with the Mayors of the said Townes
Ports and Places respectively, and any two or more of
them be empowered, to take cognizance of all Complaints
made of any Offenders against the Lawes, Rules and
Orders estabhshed by his Majesty for regulating the
Newfoundland ffishery, and to heare and determine the
same, according as is provided and directed to the
respective Mayors alone by his Majestys said Charter of
Confirmation.
1671.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 563
18. That reasonable ffines Penaltys and fforfeitures
may be imposed upon all Masters and Owners of Ships,
Seamen, ffishermen, and other Persons employed in or
about the ffishery in Newfoundland, as shall offend in
breaking his Majestys Rules and Orders established for
the said ffishery, And that all such ffines Penaltys and
fforfeitures, relating to the ffishing Trade may be appor-
tioned out, One third part of them to the use of his
Majesty One third part to the use of the Poor of the place,
where such offence shalbe prosecuted. And the other
Third part to the Informer that shall prosecute the same,
Or otherwise in such manner, and to such uses, as his
Majesty shall thinke fit.
[Order is also given to the Attorney General to report
upon a further recommendation of the Council for Planta-
tions], That the Clause in his Majestys said Charter of
Confirmation, which concerneth the Powers of the Earle
Marshall in the punishing of ffelonies, Murthers, &c com-
mitted in Newfoundland may be reveiwed, there being at present
no such Office or Court, And in lieu thereof, if his Majesty shall
thinke fit. That a certaine way of Judicature may be estabUshed
for the hearing and determining of Treasons, ffelonies, and
Murthers, and all Criminall Matters committed or done in
Newfoundland, on the Shoar, or at Sea, according to Law
and Equity, and for the awarding of Execution thereupon,
as the Cause shall require. [pp- 392-394.]
[C.S.P. III. 385 & 362 v.]
[916.] Whitehall, 10 March :
[On the recommendation of the Council for Plantations, the Newfound-
Duke of York is authorised] to giue Order and Command
to all Captaines of Convoyes yearly appointed by his Majesty
for securing the ffishery Trade there, and to every of them,
from time to time, as it shall or may respectively concerne
them, carefully to pursue and obserue these Orders and Rules
following, as they tender his Majestys Displeasure and will
answer the contrary, vizt.
564 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1671,
1. That the Captaines of the Convoyes yearly appointed
by his Majesty for securing the ffishery in Newfoundland
be strictly enjoyned by their Instructions from the Lord
High Admirall, That they do not take into their Ships,
or transport into Newfoundland any Seamen or other
Persons, except such as do truly belong to their owne
respectiue Ships.
2. That they be ayding and assisting unto the Admiralls,
Vice-Admiralls, and Here Admiralls of the respectiue
Ports and Harbours in Newfoundland from time to time
as need shall require in preserving of Peace and good
Government amongst the ffishermen and Seamen there,
and in apprehending of Offenders.
3. That they ply from Port to Port there, and do not
go into any Port or Harbour except in case of Necessity,
or for Security.
4. That they do not fish themselues, or suffer any of
the Ships Company to take cure salt or dry any ffish in
or about Newfoundland.
5. That they take an Account of the Names, Scituations,
and distances of the seuerall Ports, Harbours, Bayes and
Islands in and about Newfoundland betweene Cape Race
and Cape Bona vista.
6. That they take an Account of the number of Stages,
Roomes, Trayne ffats, Boates Ships and Men used and
employed in the respectiue Ports, Harbours and Bayes
there, about the fiishing every Voyage or Season.
7. That they take a particular Account Ukewise of the
number of Houses, Planters and Inhabitants belonging
to Newfoundland, and setled in the respectiue Creekes,
Ports and Harbours there betweene Cape Race, and Cape
Bona Vista, as also of their Ships and Boates, and what
Inhabitants Hve, and what Improuements are made within
the Land by vertue of the Graunts or Patents to the
Lords Proprietors.
1671.J ACTS OF THE PRI^-Y COUNCIL (COLONIAL). 565
8. That they do not take into their Ships any sort of
f&sh either by way of Merchandize ffreight, or otherwise,
except what shalbe for their owne use or spending.
9. That at their Retmnes into England, they deliver
Copies of their Jotumalls and Observations upon the
fishery unto the Lord High Admirall of England.
[p. 394. "T 1.]
[917.] Whitehal, 10 March:
[It is ordered that, until the rules prepared by the Council ^'^^'"^<^"
for Plantations be inserted in the Charter for establishing the
Newfoundland fisheries, The Mayors of the western ports]
and also all Masters and Ownere of Ships and others using the
Newfoundland Trade, be . . strictly required and enjoyned
to pursue the said Orders and Rules, and goveme themselues
accordingly in every particular, as they will answer the contrary
at their perills.
Memorandum the Rules and Powers in this last Order men-
tioned are the same which are recited iu the two precedent
Orders, Onely adding this Paragraph, vizt. That Encourage-
ment may be given to the Inhabitants of Newfoundland to
transplant themselues and their ffamilys to Jamaica, St.
Christophers, or some others of your Majestys fforraine Plan-
tations. And were signed Sandwich President Ashley. Richard
Gorges. W: Alington. H: Brounker. T. Clifford. Tho: Grey.
Hump: Winch. S. Titus. H Slingesby Secretary.
[p. 395. '" 1.]
[918.] Whitehall, 22 March :
[Nothing having been effected in the case of the .SV. George, ^^ Indies.
(c/. 905)] the Spanish Ambassador refusing to meete upon it.
The Petitioners to compleat all things on their part, in order
to make their fiuiiher Addresses to his Majesty for his Grace
and Justice in procuring Restitution and Reparation from
the Dutch, as by the aforesaid Treaty they are obhged, haue
made out their Proofes in the Admiralty by Witnesses there
swome and examined, and caused a Case upon the whole
matter to be drawne by Councill whereby the Justice of their
566 ACTS OP THE PRIVY COUDCIL (COLONIAL). L1671.
Cause is evident, Which they humbly offered to his Majesty
together with Copies of the said Depositions, and the Result
of the Director and Councill at Caracao, Praying the same
may be sent to the Dutch Ambassador residing here, and a
day prefixed for him to send the same to the States Generall,
to returne Answer thereunto, and cause Satisfaction and
Reparation to be made unto the Petitioners according to the
late Articles of Peace with damages, Costs and Interest, It
was Ordered by his Majesty in Councill That Mr. Secretary
Trevor do forthwith prepare a Letter for his Majestys Royall
Signature to the States Generall of the Vnited Provinces, Repre-
senting unto them the state of the Petitioners Case, [and
demanding satisfaction. Mr. Secretary Trevor is also to offer
unto the Dutch Ambassador residing here the petitioner's said
case with the depositions and result of the council at Curacao,
and effectually to mediate with him]. [p. 404. Tf 1.]
[919.] Whitehall, 29 March :
Jamaica. [In a list of captives at Sallee to be ransomed occur the
names of three men belonging to a ketch of Jamaica, — John
Potter master, John Lang, and Joseph Hancock.]
[p. 415.]
CHARLES II. VOLUME X. (10 May 1671--10 Ap. 1673.)
[920.] Whitehall, 12 May :
Tobago. [It is ordered, on consideration of the report of the Com-
mittee appointed to consider the memorial of the Duke of
Courland's envoy, that Mr. Secretary Trevor signify to Sir
Wilham Morice, the late Secretary of State, his Majesty's
pleasure] that he speedily returne an Account of the Trans-
actions between his Majestie and the Duke of Cxirland during
the time of his Employment, and more particularly how the
Contract came about to be made with the said Duke as to
the Island of Tobago. [p. 4. ^I 2.]
1671.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 567
[921.] WhitehaU, 17 May :
[The Council refer to the Commissioners of the Navy for west indies.
examination and report the] petition of Rebecca Hill Mother
and Administratrix of Captain John Harley deceased, setting
forth, That the petitioners said Sonne serves on Board the
Fireship the Successe, which was in the late Dutch warr taken
Vp at Barbados for his Majesties service, in which he did
execution Vpon the Enimy at St. Christophers by ffireing one
of their Shipps of 500 Tunns and 28 Gunns, And afterwards
served in the West Indies as Commander of the WiUoughby
Frigat. That That there is due Vnto him for Wages and
disbursements in the aforesaid service a Considerable summe
of Money. That the petitioners sonne since dying, left behind
him Two Children with very Mtle towards their maynteynance
and Education, but what is due to their ffather as aforesaid.
And praying that it may be examined what is due vnto her
said Sonne for his said service and Disbursements, and that
the same may be forth with payd for the releife of his poor
Orphans. [p. 9. ][ 2.]
[922.] Ibid.
A Letter from Sir Tobias Bridge, wherein was enclosed an West Indies
Accompt both of the Receipts and Disbursements of the
one Moyety of the Duty of 4 and J per Cent, [in the Leeward
Islands from 14 October 1668 to 24 December 1670 ; as also
the muster rolls of his regiment for the year 1670 ; copies
of two addresses to the Governor and Council in Barbados,
and a letter from him of date 30 January 1671 : are] sent vnto
the . . Treasury to be ready vpon any occasion.
[p. 16. ^ 2.]
[923.] Whitehall, 26 May :
[The Attorney General is ordered to draw up a proclamation Tobacco
in accordance with the late Act entitled] An Act to prevent
the Planting of Tobacco in England and for regulateing the
Plantation Trade. [p. 28. % 2.]
568 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1671.
Virginia.
Tobacco.
Plemtation
Trade.
[924.] Whitehall, 7 July :
[On reading Sir Wm. Berkeley's letter regarding the case
of John Fairfax v. Edmond Scarborough, further consideration
of the matter is deferred tiU the Duke of York be present
in Council, and meanwhile Matthew Wren, his Royal
Highness's secretary is to be made acquainted therewith.]
[p. 45. 11 1.]
[925.] Whitehall, 14 July :
[The Lords Lieutenant of Gloucester and Worcester are
required to aid Colonel Edward Cooke in destrojdng all
English-grown tobacco within these counties.]
[p. 49. r\ 1-2.]
[926.] Whitehall, 28 July :
Whereas Thomas BandineU Master of the Ship Nicholas of
the Island of Jersey did by his Petition this day presented
to the Boord set forth. That according to the ancient Charters
and Priviledges graunted by his Majestys Royall Ancestors to
the Subjects of the said Island, and confirmed by his Majesty.
He traded with the said Ship to Virginia where she was arrested
by Order of the Governor of that place (upon pretence that
the said Ship belonging to the Island of Jersey was not a free
Ship to trade to America) and was not released untill the
Petitioner gaue lOOOZ. Security to proue and make good that
the said Ship was free to trade to his Majestys Plantations
And forasmuch as the said Ship as also her Lading doth
really belong to his Majestys Subjects of that Island and not
to any Aliens whatsoever and that the whole Company
belonging to her were also his Majestys naturall borne Sub-
jects, He most humbly prayed an Order to the said Governor
for dehvering up the said Bond, And that his Majesty would
be pleased to declare that for the future all ships belonging
to his Subjects of that Island may freely trade to his Majestys
Dominions in America. Which being taken into consideration
together with a Memoriall from the ffarmers of his Majestys
Customs AUeaging the said Ships trading to Virginia is con-
trary to the Acts of Trade and Navigation, It was Ordered
1671.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 569
[that the business be heard on 4 August, at which date all
parties concerned, and likewise Sir Thomas Morgan, are to
attend]. [p. 52. ^ 1.]
[927.] Whitehall, 4 August :
[Vpon full hearing of the case between Thomas Bandinell Plantation
and the Farmers of the Customs] argued by CounceU learned,
It appearing to his Majesty that the Inhabitants of that
Island were Ignorant of the force and Vahdity of the said
Law in this case, His Majestic in Councell was pleased to
Order . . that Vpon the said Thomas Bandinell causing
the Custome of the Tobacco in the said Shipp to be fuUy and
fairly paid at the Rate of Two pence per pound according
to the Booke of rates the said Shipp Nicholas, and her lading
shalbe freede from the fforfeiture demanded, and the said
fEarmers having also heard his Majesties pleasure herein doe
declare they wiU acqtiiesse, and not expect any defalcation
from his Majestie by reason of the said fforfeiture so demanded.
Wherefore it is further Ordered that his Majesties Grovernor of
the Isle of Jersey doe as well assist the ffarmers officers in
Collecting the said Duty accordingly, as take notice that this
remittall of the forfeiture so demanded is not to be drawn
into precedent but on the contrary to declare to the Inhabitants
of the said Island, that for the future they are not to trade
in like manner to florraine plantations contrary to the Acts
of trade and navigation. And . . that the Governor of
Virginia doe canceU and dehuer vnto the said Thomas Bandinell
or his Order the said Bond of One Thousand Pounds vpon his
having submitted to the payment of the Duty aforesaid. And
it is further ordered, that if the said Thomas BandineU shall
think fit to export any of the said Tobacco within the time
limitted by the book of rates that then he shall receiue back
such part of the said dutys as are here in England allowed by
the said book of rates, provided that he adjust with the
ffarmers how the same may be done without prejudice to
them because they have noe fixed Officer in that Island.
[p. 58. II 1.]
570 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1671.
[928.] Whitehall, 4 August:
Plantation Letter to the Lord Hatton . . Whereas it hath been
Trade. represented to his Majestie in CounceU by the ffarmers of the
Customes that a certaine ffrench Shipp built at St. Males of
about 200 Tuns burthen, and carrying about 30 Gunns did
make a trading voyage to his Majesties plantations, and
about the latter end of May last returned from Virginia to
Guernzey laden with neere 500 hogsheads of Tobacco, And
that the said ffarmers vnderstanding that the Same were in
part already Landed, dispatcht away their officer Lawrence
Cole to make Seizure of the said Shipp and Goods, which
accordingly he effected by putting on the broad arrow But
the proprietors in the Island did not onely rub out the said
brode arrow, and obstruct his taking of any account of the
Goods, or hanging locks on the hatches, but threatned him
with imprisonment and aUeaged the priveledges of the Island
for their Justification And although it be acknowledged that
your Lordship protected the said Cole from any violence till
his departure from the Island, and gave some assurance of
the detention of both Shipp and Goods till his Majesties pleasure
were signified herein, Yet it is now aUeaged that the said
Shipp is already gone, and all the Goods either transported
into ffrance or otherwise concealed, which the said ffarmers
complain off as a great breach of the Acts of trade and
Navigation. Wherefore Wee doe according to his Majesties
Comands, and the desires he hath exprest to be fully informed
in this case, hereby pray and require your Lordship to
[investigate the matter and report thereon, and to] acquaint the
Inhabitants of that Island, that for the future they are not
to trade in that manner to the Plantations contrary to the
acts aforesaid.
Signed : — Earle Sandwich, Earle Craven, Lord Arhngton,
Lord Newport, Mr. Treasurer, Mr. Vice Chamberlaine.
[p. 58. H 2.]
1671.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 571
[929.] Whitehall, 6 September :
. John Fairvack of London Merchant, Setting forth. That Virginia,
one Edmund Scarbrough in Virginia was indebted vnto the
petitioners ffather a great summe of Money, by Bond and other-
wise, which he not onely refused to pay, but threatned those
who were Imployed to recover it ; That vpon severaU Letters
from this Board to the Governor of Virginia concerning that
Matter the said Scarbrough being Summoned to a GeneraU
Court held at James City, did the 27th of October 1670. Confess
a Judgment in the said Court to the petitioners Attorney
for 84,01. sterhng, 3001. thereof to be payd the last of March
then next, 3001. in March 1672, and 240Z. in March 1673,
with Costs ; That the Governor (vpon some other Letters
directed to him) hath suspended the Execution of the said
Judgment vntiU April 1672. And praying that his Majestie
would be gratiously pleased to Command the said Governor
to take off the Suspention of the said Execution, that Justice
may not be delayed whereby the petitioner is hindred of his
just Right ; And that the said Scarbrough may give security
for payment of the said Debt ; [Copies of the petition and
the Governor's letter are ordered to be delivered to Dr.
Scarborough and the matter to be heard on the 15th, when aU
parties are to attend, with counsel, if they please], [p. 63. ^ l.J
[On the 15th, all parties attending, it is ordered] That
if Sir Charles Scarbrough Knight do give good security ia
his Majesties High Court of Chancery here, to stand to,
and abide the determination of the said Court vpon the
Matter of Equity to be alleaged on the behalfe of the said
Edmund Scarbrough deceased, then the suspention of the
said Judgment in Virginia to be continued till the said Cause
shall be determined ; But if the said Sir Charles Scarbrough
shall not give security as aforesaid within a ffortnight after
the Date hereof, Then the said John ffairvax putting in
security to abide the determination of the said Court on any
Bill to be exhibited in the said Court on behalfe of the said
Edmund Scarbrough, the said suspention is to be taken off.
[p. 75. II 2.]
572 _\CTS OF THE PRIVY COUNCIL (COLONIAL). [1671.
[930.] Whitehall, 22 September :
Barbados. [The Counci] refer it to the Treasury to give order upon the]
petition of Edwyn Stede Esqr Provost Marshall General! of
the Island of Barbados, Setting forth, That the Common
Prison in the said Island is so much decayed that he cannot
secure any Prisoners therein according to the Duty of his
Office, but that notwithstanding aU the endeavours and
Charges which have been vsed in keeping a Guard to watch
them, some of the prisoners have made their escape ; That
he hath made his apphcation to the Deputy Governor and
Councill of that Island desiring them to take Care to have the
said Prison Rebuilt, They Referred him to the Assembly, and
the Assembly returned Answer, that they conceived it ought
to be Rebuilt out of the 4 & ^ per Cent, given for that and
other like vses there, as is expressely mentioned in the said
Act ; And praying that his Majestic would be pleased to give
some Order for the Building thereof. [p. 79. ^ 2.]
[931.J WhitehaU, 22 November :
Barbados. [The foUowing letter to the Governor of Barbados was
approved and ordered to be prepared and sent accordingly] : —
It is of a long time That Wee haue been made acquainted
with the hard measure the RoyaU Company trading to Africa
haue received in Our Island of Barbados in relation to the
great debts due to them and the delay and fayler of Justice
they haue mett with in their endeavors for recovery thereof.
But now lately they haue by their complaint made to Us so
fully represented their case in that Particular, and the ruine
impending upon their whole Stock, and Trade, to the Scandal!
of the Government there which is like to be followed with a
totall losse of that beneficial! Trade to us and Our Kingdomes,
and even ruine to that and other Our Plantations, That Wee
haue taken the same into Our most serious and Princely
consideration, and by advice of Our Privy Councill haue
resolved to interpose in the most effectual! manner. Our
Justice and Royall Power, that full right may be done to the
1671.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 573
said Company, and that by no Artifice or combination upon
pretence of Law or Custome in that Island they be any longer
withheld from what is due to them.
And though Wee might justly send for some of their cheif
Debitors hither to answer this complaint, and to abide such
rule as shalbe found expedient for their plenary satisfaction,
and the recovery of their Trade which is in great hazard by
the proceedings used there, in this Case, Yet being desirous to
recommend Our Justice by all waies of lenity and moderation
towards such as We hope will not continue Obstinate in a
course of wrong and injury to their fellow subjects Wee haue
thought fitt first to settle this way and method for the
obteyning Justice to the said Company Vizt.
That you Our Governor or Deputy Governor of that Island,
do employ your utmost Care and dihgence in assisting Mr.
Robert Beven and Mr. Edwin Stede Agents now purposely
sent by the said Company for recovery of their said debts pro-
cureing him with aU the Interest you haue speedy and full
justice therein, And that none may shelter themselues under
Our Authority, or as persons employed by Us, and in Our
Service Our Will and pleasure is. That if upon the prosecution
of the said Agent, and such assistance and Countenance as
you shall giue him, which Wee command you to doe in the
most effectual! manner, as in an affair, which Wee take much
to heart, the said Debitors or any of them, shall not make
payment to the said Agent of the debts due to the said Com-
pany within 4 Moneths after demand that every person neglect-
ing or refuseing snch payment be discharged from his Office,
place, or Imployment, or proifitt, trust, or honour in that
Island especially of his place of Judicature they being
altogether unworthy to haue a hand in the distribution of
Justice, that are not just in their owne particular Concerns.
And if this course shall not take the Effect Wee hope and
desire Wee are resolved to apply the utmost and most severe
remedies Our Royall authority is furnished with to compell
574 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1671.
the refractory to pay their just debts, and to lett them see,
That distance of Place shall shelter none from Our Justice and
Power.
And Wee doe further streightly charge and Command
you . . That this Our Letter be pubhshed in the accus-
tomed Places and then recorded in the Generall Assembly of
Our said Island, whereof, and of your punctual! execution
of these Our Commands in all Points, Wee shall require a
strict account of you. [pp. 112-113.]
[932.] Whitehall, 6 December :
Plantation ("The Council refer to the Treasury for examination and
Trade.
report the] Petition of the State of the Island of Jersey
Setting forth amongst other things . . their Services and
SufEerings in the late time of RebeUion as also their present
weak and miserable condition by the whole decay of that
Trade of Stockings they had in fErance caused by the great
Impositions laid on them by the ffrench King which amoants
to 3 times as much as they used to Pay formerly and almost
as much as the said Goods are worth at first That the said
Island is overburthened with many Thousands of Poor people
which if they had hberty to Transport to his Majestys
Plantations in America may proue not onely a great discharge
to the said Isle, but also very beneficiall to those Places.
And praying that his Majestic would be pleased to declare
the said Inhabitants not comprehended in the Acts for Trade
and Navigation but that they may haue the same fEreedome
of Trade they haue hitherto enjoyed in all his Majestys
Dominions and particularly in America. [p. 124. ^ 2.]
[933.] Whitehall, 20 December :
NewfoLind- . . Jacob Lucy, Samuel Swinock & Company Setting
forth That the Petitioners did upon their own Account sett out
from the Port of London a Ship called the Golden Peacock
(Derick Peterson Master) upon a Voyage to Newfoundland,
there to lade ffish and to carry the same for Lisbone. That
the said Ship did take in at Newfoundland abont 2000 Quintalls
1671-2.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 575
of ffish upon the Petitioners Account and being upon their
Voyage from thence for Lisbon about the 25th of September
last was chased by a ffrench Ship belonging to and manned
with Subjects of the ffrench King, which the Master and
Company apprehending to be a Turks man of Warr did
forsake their said Ship, and betooke them to their Long
Boat whereupon the ffrench Seized upon the said Ship and
her ladeing and haue since carried the same to Eochell or
thereabouts And praying releif therein. [Lord Arlington is
ordered to endeavour to obtain satisfaction from the French
Ambassador]. [p. 134. f 2]
[934.] Whitehall, 17 January :
His Majestic being this day Informed in CounciU, That Newfound-
divers Shipps bound for the ffisheryes of Newfound Land and
Izeland, are preparing to proceed on their severall voyages
before the vsuall time ; And likewise that divers Seamen doe
take Imployment in Forreigne VesseUs to decline his Majesties
service. [The Duke of York is requested to give orders that
no ships be allowed to sail for the fisheries till further order,
and that the practice mentioned be totally forbidden].
[p. 154. ^ 2.]
[935.] Whitehall, 14 February :
[A copy of] the Petition of Georg Robinson one of the Don
Executors of Sir Martin Noel Knight deceased concerning foh^que^^
twelue hundred Pounds which the Petitioner paid by Order
of this Boord vnto Don Juan Ximenes de Boherques, [is ordered
to] be sent vnto Francis Dashwood, William Rosse, and Hugh
Vpton Esqres Creditors of the said Sir Martin Noel, who are
hereby required to make Answer therevnto, and forthwith
to returne it to this Boord, wherevpon his Majestie will
declare his further pleasure herein. [p. 173. ^ 5.]
[936.] Whitehall, 13 March :
[On the report of the Commissioners of the Treasury (as Plantation
ordered on 6 December) it is referred to the Committee '^"'^^'
576 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1672.
for Jersey and the Commissioners of the Treasury or any four
of them] to take into consideration the present State and
Condition of that Island, and the Desires of the Petitioners
in point of Trade, And thereupon to propose to his Majesty
in Councill, what further Priviledges and Encouragements
it may be fit for his Majesty to graunt unto the Inhabitants
of the said Island in regard of their Scituation as a Frontier
Place, and that they are much impoverished by Impositions
laid on their Trade, and particularly that of Stockings in
florraine parts. [p. 191. ^ 2.]
[937.] Whitehall, 10 May :
Navigation [Among dispensations from the Navigation Acts granted
during the Dutch War, are the following : — ]
[Notwithstanding the said Acts] It shall and may be lawfull
for any English Merchants, and they are hereby Authorised
freely, and without Interruption to make vse of, and Imploy
any Forreigne Shipps, or vessells whatsoever. Navigated by
Mariners, or Seamen of any Nation, for Importing or
Exporting of all Goods and Commodityes, to or from any Port
in England or Wales, or to or from any of his Majesties
Plantations, they paying onely the aforesaid Dutyes Imposed
vpon his Majesties Naturall borne Subjects, as for Goods
Exported in EngHsh built Bottoms and no other.
Provided, That no Goods or Commodityes whatsoever, be
by them Imported into any of his Majesties said Plantations,
but what shall be without fraud, Laden, and Shipped in
England or Wales, and thence directly carryed, and from no
other place to his Majesties said Plantations.
Provided also That such Goods and Commodityes as shall
be by them Laden and taken on Board at his Majesties said
Plantations, or any of them, be brought directly from thence
to some of his Majesties said Ports in England or Wales ;
And all Governors and Officers of the Customs, are hereby
Charged and required strictly to observe all Rules, Directions,
and Orders for takeing of Bonds or other Securityes, and
1672.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 577
exacting aU fforfeitures and penaltyes by the said Acts, or
either of them required or enjoyned, save onely in the Two
Clauses concerning Enghsh Shipps and English Mariners herein
before dispensed with.
And Lastly his Majestic doth Declare, That this shall con-
tinue and be in force during his Majesties pleasure : And
when his Majestie shall think fitt to determine the Dispensation
hereby granted, Hee will by his Royall Proclamation -give
Six Moneths notice thereof to the end no Merchant or other
person herein concerned may be surprized. [pp. 237-238.]
[938.] Whitehall, 22 May :
("The Council refer to the Council of Plantations the] petition Plantation
Trade
of Peter Brent Serjeant Plumber to his Majestie and John Angier
Part Owners, on the behaKe of themselves, and others Owners
of the Pink Peter of London, Setting forth. That the said Pink
being bound for Jamaica, and from thence to New York,
proceeding peaceably on her intended voyage, neare the
Jordaines, on or about the last day of August 1671 was sett
vpon by a Spanish Man of Warr called the Francisco, Captain
Candelero Commander, who haveing Seised the said Shipp,
strip't the Mariners, tooke away their Goods and writings,
and after carryed them into Campeche, where they were
kept prisoners vntill the 23th of October following (notwith-
standing the said Captain was made acquainted with the
pubhcation of the Peace betweene the Two Crownes) Afterwards
haveing taken all the Goods and Victualls out of the said Shipp,
and stole, and cutt in peices most part of her Rigging they
restored her to Charles Cogan Merchant part Owner, whereby
the Petitioners and the said Charles Cogan are really damnifyed
to the Value of One Thousand Pounds sterling, besides the
losses sustayned by other Persons concerned in the said
vessell which may amount vnto about Three Thousand pounds
more ; And praying Releife therein. [p. 245. ^ 2.]
[939.] WhitehaU, 24 May :
Whereas John Du Laurens of Bourdeaux Merchant by his Newfound
humble Petition . . did Complayne, that there are severall
37
578 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1672.
summes of Money due to him from divers of his Majesties
Subjects in Newfound Land for Goods sold and delivered
vnto them amounting to 1274L 16s. sterling which they have
hitherto waved the payment of, to the allmost vtter ruine
of the Petitioner. [The Clerk of the Council is directed]
to signify, That his Majestie requires the partyes who are
indebted to the Petitioner speedily to give him satisfaction
for so much as shall appeare to be justly due vnto him.
[p. 252. ^ 2.J
[940.] Whitehall, 5 June :
West Indies. It is this day ordered by their Lordships that a Copie of the
Petition of William Wood and Humphrey Beane Esqres. on
the behalfe of themselues and the rest of the Owners of the
Shipp Wilham and Nicholas seized in AnguiUa with her lading
by Sir Charles Wheeler should be sent vnto Henry Slyngsbey
Esqr who is hereby prayed and required to certify this
Boord on ffriday the 7th of June Instant the State of the
case of the said Shipp and her lading, and if there be any
cause why the Petitioners may not be heard before his
Majestie in Councell in this matter as they desire.
[p. 257. H 3.]
[941.] Whitehall, 7 June :
Barbados. Vpon reading the Petition of Sir John Maynard Knight his
Majesties Serjant at Law Setting forth that in Hillary Terme
in the 22th yeare of the Raign of his late Majestie of blessed
memory he obteined a Judgment of Two thousand pounds
od money against James White then Factor and Servant to
George Henly deceased to whom the Petitioner was Executor
in trust for his Children and Orphans. That the said White
dyed in the Indies before any part of the said Debt was paid.
That the Petitioner comenced a sute in Law at Barbados
against Wilham White Administrator to the said James, and
sent over an ExempUfication of the Judgment vnder the
Seale of the Citty of London. Where vpon he had Judgment
there, the Court being satisfied by the said Exemplification
and proceedings, and the Petitioner had Execution awarded
1672.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 579
and Goods seized &c., but before Execution was perfected a
writ of Error was brought containing frivolous things and
matters of meere formahty, that the Petitioner hath since
Appealed and humbly praying releif &c. [It is ordered that
a copy of the petition be sent to Lord Willoughby with a
letter directing him to summon before himself and some of
the Council there all the parties concerned, and after a full
examination of the case, to report to the Board, that final
judgment may be given ; provided that if William White so
desire, he may be allowed instead, on giving security to appear
and accept the decision, to attend his Majesty in Council
within three months after notice hereof ; in which case the
intestate's estate is meantime to be secured and not wasted.]
[p. 258. U 1.]
[942.] Whitehall, 3 July :
[The Council refer to the Council for Foreign Plantations New York,
the] Petition of his Majestys Subjects in three Villages
at the East end of Long Island in America, called East-
hampton, Southampton and Southwold. Setting forth, That
they have spent much time and paines and the greatest
part of their Estates in setUng the Trade of Whale fishing in
the adjacent Seas, having endeavoured it above these twenty
yeares, but could not bring it to any perfection till within
these 2 or 3 yeares last past, And it being now a hopefuU Trade
at New Yorke in America the Governor, and the Dutch there
do require the Petitioners to come under their Patent, and
lay very heavy Taxes upon them beyond any of his Majestys
Subjects in New England, and wiU not permit the Petitioners
to have any Deputys in Court, but being Cheife do impose
what Lawes they please upon them, and insulting very much
over the Petitioners threaten to cut downe their Timber, which
is but Httle they have to make Casks for Oyle, although the
Petitioners purchased their Lands of the Lord Sterhngs Deputy
above thirty yeares since, and have been till now under the
Government and Patent of Mr. Winthrop belonging to
Conitycot Patent, which lyeth farr more convenient for the
580 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1672.
Petitioners Assistance in the abovesaid Trade, And therefore
most humbly Praying, that they may be continued under
the Government and Patent of Mr. Winthrop, Or else that
they may be a free Corporation, as his Majestys Subjects for
the further encouraging them in their said Trade, otherwise
they must be forced to remove to their great Undoing, and
Damage of sundry Merchants to whom they stand indebted
for their trade [Notice of the petition is to be given by the
said Council to the Duke of York's Commissioners that they
may attend when it is discussed.] [p. 275. f 3.]
[C.S.P. III. 875. I.]
[943.] Whitehall, 19 July :
West Indies. Vpon reading this day at the Boord the humble Petition of
Anna Yeames, Ehz: Chamberlain, and Elizabeth Turner on
behalf of their Husbands and other Enghsh Men detejued as
slaves by the Spaniards at Carthaginia in the West Indies and
other places of their dominions. [The petition is ordered to
be put into the hands of Lord CUfEord, who, if he thinks fit,
is to recommend the petitioners in his Majesty's name to the
Spanish Ambassador.] [p. 284. ^ 3.]
[944.] Ibid.
Jamaica. Whereas Mary MiUer Widdow the Rehct of Christopher
Miller deceased did by her humble Petition this day read at the
Boord, represent, That about 18 Moneths since her said Hus-
band dyed at Jamaica possessed of an Estate to the value
of near 200Z. But the Petitioner being then Resident at
Stepney, one Isaac Carter taking Advantage by the Petitioners
absence obteyned Letters of Administration of aU her said
Husbands Estate, and possessed himseK thereof, utterly
refusing to yeild any Accompt of the same. And the Petitioner
having now Ukewise obteyned Letters of Administration, but
supposing them not effectuall without the Assistance of his
Majestys Governor of Jamaica to whom she humbly prayed
to be recommended. [The petitioner is recommended to Sir
Thomas Lynch, who is to give her] all just ffavour and
1672.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 581
assistance in the taking an Account of her said Husbands
Estate, and Recovery of what of right belongs to her.
[p. 286. If 2.]
[945.] Whitehall, 19 July :
[In a claim by Thomas Chudleigh, master shipwright at Plantation
Kinsale for 1500Z. for repairs to the fleet during the Dutch
wars, it is mentioned that] his Majesty hath caused some
of his ffregats to be upon that Coast for a guard thereof, and
security of the West India Trade : [wherefore it is essential
that he should be enabled to render effectual service to any
of these vessels in case of need]. [p. 287. 1| 1.]
[946.] Whitehall, 16 August :
[Whereas] great preparations have been this yeare made Tobacco.
in the Counties of Glocester, Wiltes, Hereford and Worcester,
much new ground digged up and Tobacco planted to the great
prejudice of the Navigation of this Kingdome, hindrance of
his Majestys fforraigne Plantations and Custom es and losse
of the trade of that commodity to other parts ....
Wee doe hereby require and authorise you John Man Esqr
Generall Surveyor of his Majestys Customes and John Clement
Gent, Assistant, . . to . . utterly destroy . . all such
Tobaccos. [p. 297.]
[947.] Ibid.
[The petition of the inhabitants of Southwark for an order Barbados,
for the payment of 400L due to them in respect of the
quartering of four companies of the Barbados regiment on
them in November last and their relief of the poor soldiers
with meat, drink, and other necessaries, is referred to Major
Edward Andros of the said regiment for his answer thereto.]
[p. 298. U 2.]
[948.] Whitehall, 23 August :
[The Council refer it to the Treasury to examine and give west indies.
order on the report of the Commissioners of the Navy upon
the petition of Rebecca Hill referred to them on 17 May],
in which the said Commissioners sett forth, that they find a
582 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1672.
Commission signed by the Chief Gouernors of the Barbados
giueing the said Capt. Harley the command of the successe
fireship, in which as well as in other occasions, he did his
Majesty very good seruice, but that no particular satisfaction
by way of wages or reward for the said seruices hath been as
yet made to the said Harley. [p. 303. ^ 1.]
[949.] \ATiitehall, 6 September :
\Vest Indies. Vpon the humble Petition of Mark Mortimer and John Hill
Merchants in the behaKe of James Hayes and others Mer-
chants of BristoU, Setting forth, That they are the true
Owners and Proprietors of the Shipp Neptune, Thomas Whittop
Master, Burthen 60tie. Tunns and her whole Ladeing of
Goods, which Shipp was made free, and Registred in the
Custome House London, and hath as such, Traded for severall
yeares past ; That the said Shipp and her Lading being
bound to the Maderas, and so to his Majesties Plantations
in the West-Indies, was on the 29th of May last surprised
and taken in the Rode of Madera's, carryed into Algier, and
(being Dutch Built) was Condemned for Prize, where both
Shipp and Goods were sold [His Majesty being satisfied that
the vessel and lading belonged to his subjects instructs his
consul at Algiers to demand restitution.] [p. 308. ^ 2.]
[950.] \ATiitehall, 18 October :
Plantation [Upon verification of the facts alleged by certificates from
Captain Ashley of the Pearl frigate, the Vice Admiral of the
Province of Munster, and Mr. Chudleigh his Majesty's ship-
wright in Ireland, as well as by the oath of the master, the
Council grant the] Petition of Matthew Deane Merchant shew-
ing that his Shipp the Hopewell of BristoU burthen 200 Tuns
was laden at Antegua with Tobacco and Sugar, where
Security was given that she should come into this Kingdome
and vnlade according to Law. That in her voyage she became
exceeding leaky, and being not able to beare much Saile was
left by the Carribbee Fleet in whose company she Set Saile
Trade.
1672.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 583
from Nevis in July last, and was preserved from foundring at
Sea by the incessant labor of the Mariners at the Pumpe, in
which condition she was brought into Kinsale Harbour by the
Pearle Frigat, from whence she departed againe for Bristoll
but could proceede no further then the harbour of Corke,
where she remaynes So old and Rotten that no men will
adventure to saile her Over. That 24 men are continually
kept on boord to preserve her from sinking at the Petitioners
Vast charge That the Tobacco is onely fit for vse in Ireland ;
and must have been sent there had the Shipp in safety arrived
here. That if the Ship should be cast away it would be pre-
judicial! to his Majesties Customes, and to the ruyne of the
Petitioner in the losse of his freight and Goods, That he is
wilhng to pay his Majesties Duties, and prayes that his
Majestie wilbe graciously pleased to lycence and permit him
to vnlade the said Shipp at Corke. . . And the Commissioners
of his Majesties Customes here are to deliuer vnto the
Petitioner such Certificat or Certificats as are accustomed to
be given to merchants in Cases of Exportation, he first giving
them good Security to be answerable for his Majesties Enghsh
Duties in such proportion, as if the said Goods were actually
vnladen in this Kingdome and reladen for Ireland, and this
to be done within a convenient time after the same shalbe
adjusted and known in Ireland, or otherwise they are to
accomodate the matter of Customes between his Majestie
and the Petitioner in the Way and Manner they shall judge
most convenient and fit, with respect had to the intent of this
Boord in licencing the said Shipp to vnlade in that Kingdome.
[p. 321. 11 1.]
[On the 25th, on Deane's representation that he has given
lOOOZ. security to the Commissioners of the Customs],
Whereby he is become his Majesties Debtor for that Duty
to be paid in London in January next, altho some other
persons besides himseKe are concerned in the Goods on
board, and therefore praying to be appointed to collect
and receiue what wilbe come due, [his petition is granted.]
[p. 323. ^ 2.
584 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1672-
[951.] Whitehall, 30 October :
Barbados. Vpon the Petition of Seuerall Inholders and Victuallers of
the Burough of Southwarke [for payment of debts due by the
" Md all the soldiers who came from Barbados, it was ordered] that the
deliuered to Petitioners should dehuer to the Clerk of the Councell an
Nov 18*^ accompt of what is owing to them from the said Soldiers out
1672." of the Six pence per diem, and how much on the Score of
Sicknes or other extraordinary occasions distinctly from each
other, and that the said Accompts should be sent to the Right
honourable the Lords Commissioners of the Treasury who are
to Examine the same, and to give direction for the Stating
the said debentures, and to put a finall issue to this matter.
[p. 329. 11 3.]
[952.] Whitehall, 3 November :
Plantation Whereas there was this day presented to his Majesty in
CounciM an Account of the ill Conduct and Cowardice of the
fflag Officers of the ffleete of Merchants Ships coming from
the Barbados to this Kingdome, by meanes whereof, seuerall
of the said Ships (tho formed into a good posture of Defence)
were taken by two Dutch Privateers to the great Losse of the
Persons interessed in them It was thereupon Ordered by his
Majesty in Councill, That Captain Leonard Webber Admirall
of the said ffleet. Captain Robert Munden Vice Admirall,
Captain Burrey Rear Admirall and Captam Coleman and
every of them be, and they are hereby required and com-
manded personaUy to appear at this Boord on Wensday next
the 13th instant to give an Account of their Behaviour in that
Engagement Whereof they may not fayle at their perills.
And it was further Ordered, That Mr. Attorny and Mr.
SoUicitor GeneraU do consider of the Laws and Statutes made
for preventing the DeUvery up of Merchants Ships to Pirates
or Sea Rovers without fighting, and how such Persons as shalbe
found guilty thereof may be prosecuted and brought to con-
digne Punishment and report the same to this Boord on
Wensday the 13th instant. [p. 333. ^ 3.]
1672.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 585
[953.] Whitehall, 20 November :
[On examination of the officers of the Barbados fleet,] Plantation
Trade.
It appeared. That neither Captain Leonard Webber Captain
Robert Munden nor Captain Coleman who had the Command
of a new strong English Built Ship made the least resistance
against the said Privateers but rather by their Cowardice
encouraged them in their attempts, Whereupon [the Judge of
the Admiralty is ordered to examine all such persons as can
give any evidence in the matter, and after consultation with
the Attorney General to cause the offenders to be prosecuted
with the utmost severity the law will afford.] [p. 336. ^ 2.]
[954.] Whitehall, 27 November :
. the Owners and Proprietors of the Ship formerly called Plantation
the Saphire of BristoU, and now the St. Michael of Bilboa. .
Setting forth. That the said Ship John Moor formerly Master,
burthen about 80 Tons being at New England this last
Summer tooke in there her Lading of ffish for Bilboa, where she
arriving in the Heat of the Warr betweene England and
Holland, the said Master to secure the said Ship made a formal
Sale of her to Martin de Lano of Bilboa, who put on board her
a Spanish Master with a Crew of Spanish Mariners calling her
the St. Michael of Bilboa, And of the English, only the said
Moor as Pilot with two Mariners continued on board. That in
her voyage from Bilboa where she tooke in her Lading of Wooll
Iron &c for London, she was met with by Dutch Privateers
and dismist being found to be Spanish, But coming along
before the Port of Dover, she was boarded by a ffrench
Sloop, who tooke some Bags of peices of 8 from her, and
carryed to Callice the Spanish Master and the said Moor with
some of the Mariners, which the Algeir ffregat perceiving
sayles up and takes the said Vessell and carried her into
Dover, where she now remaines. That the said Spanish
Master and the said Moor with the Mariners were upon
their Examination in the Court of Admiralty at CalHce
dismist, and the Bags of peices of 8 deposited in the
586 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1672.
hands of the President Tosse of CaUice to be dehvered
to the Proprietors when they can make good their propriety,
and that they are ffriends and Alhes to the Crowne of ffrance,
That by Order of the Lords Commissioners for Prizes, the
Petitioners have made appear their propriety in the said
Ship and Goods before the SubCommissioners of Prizes in
London, who haue brought in their Report to their Lord-
ships, And therefore Prajdng that the said Vessell with her
Lading may be discharged, [the Commissioners for Prizes are
directed to] cause Orders to be given for discharging the said
Vessell . . and restoring the same unto the Petitioners.
iV- 344. H 2.]
[955.] Whitehall, 23 December :
Virginia. . . . John Tailoe and others Creditors of Robert
Walton, alias Wauton, setting forth, that the said Walton
was indebted to the Petitioners in seueraU large summs of
money, for Cloth bought of them ; That the said Walton
haueing converted the said Cloth into moneys, and gott in
the best of his debts, putt himselfe a prisoner in the Kings
Bench, from whence the Petitioners did afterwards release
him, upon a serious promise made to the Petitioners by the
said Walton, that he would assist them in the collecting of
his debts, and would discouer an estate unto them, towards
their satisfaction, that being at Hberty he priuately conveyed
himseKe out of England, togeather with seuerall of the goods
bought of the Petitioners and other goods bought with their
moneys, and went for Virginia, where being arriued with the
proceed of the Petitioners Estates, carried with him as afore-
said, he purchased a large Plantation, and Uued plentifully
thereupon, not sending to the Petitioners any thing towards
payment of their debts ; that in the year 1669 the said Walton
dyed, seized of the said Plantation, &c and by his will gaue
the same to Elizabeth his wife, and made one Thomas Mathew
his Executor, but the said EUzabeth renounceing, That the
Petitioner Tayloe on behalfe of himselfe, and the rest of his
Creditors, took out letters of Administration ; That the
1672-3.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 587
Petitioner Tayloe sent ouer the said Letters of Administration,
togeather with an Assignement from the Commissioners in
the said Commission named, to his Atturney in Virginia, with
a power to demand and recouer the said Estate for the use
of the Creditors of the said Walton, who accordingly demanded
the same, but it was pleaded there, as a barre to the Petitioners
title, that the debts were not contracted after he inhabited in
Virginia, and therefore the Estate there was not lyable to their
demands, by which means the Petitioners are likely to be
defrauded of their just debts, unlesse assisted by his Majesties
gracious fauor and interposition ; [Lord Arlington is ordered
to prepare a letter to be sent with a copy of the petition to
the Governor of Virginia, ordering him to give the petitioners
fuU satisfaction]. [p. 361. ^f 1.]
[956.] Whitehall, 23 December :
[The Council refer it to the Lord High Treasurer to give order Barbados.
upon the petition of] Elizabeth Price, Widow, praying that
his Majesty out of a gracious compassion to her present
miserable condition would be pleased to giue order for the
paying the arrears due to her late husband, who for the space
of 18 months serued as Chaplain to the Regiment under the
command of Sir Tobias Bridges. [p. 362. ^ 2.]
[957.] Whitehall, 8 January :
[The Council refer it to the Lord High Treasurer, if he finds Plantation
their allegations to be true, and the vessel is unladen in England "^^ ®'
paying the usual duties, to give orders in accordance with the
petition of] Benjamin Dumaresq and others his Majesties
Subjects of the Island of Jersey, Setting forth. That the Peti-
tioners are Owners and Proprietors of a small Vessel! of about
30ty Tunns called the Hope of Jersey ; That before they
knew his Majesties pleasure that they should not Trade in
America, they Freighted the said Vessell with Manufactures
of that Island, and sent her for Jamaica, where the same
was vnladed, and reladed with Logwood and with a small
588 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1673.
parceU of Sugars and Indicoes ; That by stresse of weather
having sprung a Leake, they were forced to goe to New Eng-
land, where having refitted the said vessell, they bent their
Course for England, and meeting with very great Stormes
were forced into the Isle of Wight, where one David Horton
Collector of the Customes there seised the said Vessell and Cargo
pretending the same to be fForfeited for Tradeing to America
contrary to the Act of Navigation. And Praying that the
said VesseU and Cargo may be freed from the said Arrest and
Seisure. [p. 371. f 1.]
[958.J ^MiitehaU, 9 April :
Newfound- Vpon reading this day at the Boord the humble Petition of
Edward Mann, John Carter WiUiam Pike and Company of
the Towne and County of Pool in the County of Dorset late
Owners of the Ship called the Charles (John Edwards Master)
Shewing That the Petitioners employing the said Ship to carry
her Loading of dry ffish from Newfoundland to the Port of
Malaga, she was about the 11th of October last met with
about ffour or ffive Leagues off Cape St. Vincent, and taken
by ffive Turkish Briganteers (all or most of them belonging
to Algeirs) upon pretence that an Enghsh firegat had taken
a Dutch Man of Warr from them, and therefore they would
take as many English as would countervail, That they have
carried the said Master and Company being Ten in number
to Tituan in Barbary, where they are deteyned in Slavery, but
whether they haue sent the said Ship and Goods in value
about Thirteene hundred povmds the Petitioners cannot yet
discover, And therefore Praying his Majestys gracious Inter-
position, that the said Master and Company may be deUvered
from Captivity, and the Ship and Goods restored imto the
Petitioner, [Lord Arhngton is desired to write a letter to
his Majesty's Consul at Algiers (including therein a copy of
the petition) requiring him in his Majesty's name to demand
the hberation of the captives and of the ship, with reparation
for the losses and damages they sustained by the seizure].
[p. 412. ][ 5.]
1673.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 589
[959.]
Ship Passe?
[1.] Whitehall, 7 February :
Vpoii reading the Petition of Peter Edwards and Thomas Newfound-
Butler Planters and Inhabitants in Newfoundland Setting
forth that they sailed from Newfoundland to Bristoll in a Ship
of their owne called the Little John burthen One hundred
Tunns, where they arrived about Michaelmas last, that having
laden a good part of the said Ship with Provissions for the
supply of their family and Servants there, and being ready
to returne home, the said Shipp was stayed by order of the
Mayor of Bristoll in obedience to his Royall Highnes Comands,
And humbly praying to be permitted to. proceede on their
voyage, [It is ordered that the Lord High Admirall do Hcense
and permit the necessary number of mariners to sail the
ship to Newfoundland].* [p. 167. 1| 5.]
[2.] Whitehall, 23 February :
[The Nevis Merchant of Bristol, John Jones master, cleared Barbados
. and Nevis.
14 days before notice of the embargo, but detained by con-
trary winds, is allowed to proceed to Barbados and Nevis.
The Lord High Admiral is also authorised in the case of other
applications where he] conceives his Majesties service may
permit to issue such Orders as may conduce to the Liberty
and encouragement of Trade. [p. 179. ^ 3.]
[3.] Whitehall, 28 June :
[On the petition of WilUam Greenway, a protection is ^^"^^^^^
granted to the ship Blessing, 180 tons, with 12 guns, 12 English
and 4 foreign seamen, to go to New England to carry on the
fishing trade there.] [p- 272. ^ 3.]
CHARLES II. VOLUME XL (11 April 1673-30 Sep. 1675.)
[During this period the Earl of St. Albans is added to
the Committee on 23 June 1675.] [p. 450. ^f 3.]
♦ This very day an embargo had been laid on all foreign trade,
590 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1673.
[960.] WhitehaU, 30 May :
New [Lord Arlington is instructed to] direct that the ensueing
°g^" ■ words be printed in the next Gazette vizt.
Whereas there is a Pamphlett lately published Entituled
Mr. Baxter Baptized in Blood, contayning a horrible
Murther committed by ffour Andbaptists vpon the person
of Mr. Josiah Baxter Minister neare Boston in New
England, the whole Matter having been inquired into,
and examined at the CounciU Board, is found altogether
false and fictitious. [p. 30. ^1.]
[961.] Whitehall, 20 June :
West Indies. • • • Martyn Stamp Setting forth that his brother
Timothy Stamp merchant sayhng in the Shipp Humility of
London towards Virginia met with one Captain Nehan Perez
Pintare Comander of a Shipp belonging to the King of Spaine,
Twenty Leagues Eastward of the Havana, at whose request
the said Stamp supplyed him with Provissions and other
necessarys according to the Articles of Peace. That at his
retume he called at Havana for payment, but insteed thereof
he and Three of his men were deteined Prisoners, and Spanish
Soldiers sent on Boord his said Shipp who brought her into
Port, and tooke Goods out of her to the Value of Three
hundred Pounds, whervpon the said Timothy Stamp applyed
himseKe to the Gtenerall of the King of Spaines Armada for
his hberty, but it was denyed him, and he with his men are
still detained Prisoners there. [Lord Arlington is desired
to seek redress through the Spanish Ambassador and his
Majesty's Ambassador at Madrid.] [p. 44. ^ 2.]
[962.] Ibid.
Nevis. [The Council refer to the Council for Trade and Plantations
for examination and report] the Petition of John Smith the
Younger relating to an Estate in the Isle of Nevis belonging
to him as Executor to his Father Enghsh Smith of the said
Island deceased, praying his Majesties Order to the Gouernor
1673.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 591
of Nevis to stay the Execution of a Judgment obteined by
Thomas Smith. [p. ^15. ^1.]
[C.S.P. III. 1107. I.]
[On a further petition of John Smith on 24 Sept. as
Thomas Smith is beheved to be about to transport himself
to New England, Dr. Locke, secretary to the Council of
Trade and Plantations, is directed to order him not to depart
the kingdom till the controversy is determined. [p. 101. Tj 1.]
[963.] WhitehaU, 27 June :
. Benjamin Du Maresq and Thomas Lemprire Plantation
Setting forth that the Collector of the Customes at Southampton
demands Custome Dutyes for Seaventeen hogsheads of Tobacco
for which the Petitioners paid full Dutyes in the Island of
Jerzey pursueant to an Order of this Boord dated the 4th
of August 1671 [the tobacco is to be dehvered to them without
further payment, unless the Lord Treasurer, after full
examination, think otherwise]. [p. 50.]
[964.] Whitehall, 4 July :
William Davys and others of Bristoll Merchants Owners Plantation
Trade.
of the Ship Unity and her Lading, John Inion Commander,
Setting forth, That the said Ship being laden with
Sugars Indigo and other Comoditys at Nevis was in her
voyage from thence in the latitude of 44 surprized the 17th
of May last by a Caper of Zealand called the Seaven Brothers,
Ian Dimineson Commander who endeavoured to carry her
for the Groin in Spain, But esp3dng a ffrench Man of Warr
of the Kings called the Deporte whereof Monsieur Desha
: earanoe was Commander, and being closely pursued by him,
he found he could not secure the said Prize, and therefore
resolved to burne her, but upon Entreaty of the Master and
one Crane a Merchant he did forbear it and freely gave the
said Ship to the Master taking out aU the Dutch, and putting
the said Master and Company into possession of her who
presently hoisted up Enghsh Colours, [but that, notwith-
standing, the French Captain in part piUaged her, and sent
Plantation
Trade.
Tobacco.
Plantation
Trade.
592 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1673.
her into the Groyne, where, though the English Consul com-
pelled the release of the master and mariners, the ship and
the remainder of her lading are still detained : Lord Arhngton
is instructed to demand restitution from the French
Ambassador]. [p. 56. ^ L]
[965.] Whitehall, 23 July :
[On the petition of Mary How showing that her husband
WiUiam How, master and part owner of the Thomas arid
Mary of Exeter, burthen about 50 tons, made a voyage to
Jamaica in 1671, and on his return in September 1672 was
captured by a Spanish man of war, and still Ues prisoner
at Seville, Lord Arlington is instructed to endeavour to obtain
his release and compensation for his losses from the Spanish
Ambassador.] [p. 62. ^ I.]
[966.] Whitehall, 31 July :
Commission to Colonel John Rumsey Collector of his
Majesties Customes in the Port of Bristoll. [Much tobacco
having been planted in and about Winchcombe in Gloucester-
shire, and it being now the season for gathering the same, he
is to call to his aid the Sheriff of the County and any other
officers, both civil and nuhtary, whom he shall think fit,
and to destroy the said tobacco.]
A like Commission to Taylor to destroy Tobacco in
Yorkeshire. [p. 67. Tf 3.]
The Earle of Arhngton [is to] prepare a Warrant for his
Majesties Royall Signature directing the Earle of Oxford
to ordtr a Troop of Horse of the Regiment under his Com-
mand to march to Winchcomb aforesaid to aid and assist
Colonel Rumsey ... in burning, plucking up, and
destroying [the said tobacco]. [p. 68. ^ 1.]
[967.] WhitehaU, 26 September :
Sir Laurence Dibusty Knight [representing that he had
a pass] for the Shipp St. Peter of Bayone, whereof Peter de
1673.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 593
Capperose is Master, the said Shipp happened to be
taken in her Passage from Bayone to Boston in New-
England, and was afterwards retaken by his Majesties
Shipp the Nightingale and carryed into Leith in Scotland as
Prize ; and he the said Sir Laurence having humbly besought
his Majestie to release the said Shipp and her Lading. [The
case was referred to the Commissioners of Prizes, and by them
to Sir Robert Wiseman, Judge of the Admiralty, on whose
report it is ordered] That the said Laurence Dibusty makeing
Oath of the property aUeaged before Sir Robert Wiseman, the
Lords Commissioners of Prizes do give effectuall Order for
the Restitution of the said Shipp. [p. 102. ]j 3.]
[968.] Whitehall, 3 October :
Vpon reading the Petition of the Gouernor, CounciU, and Virginia.
Burgesses of his Majesties Colony of Virginia Setting forth
the want of a Magazine of Artillery and Armes for horse and
Poote with Shot and Powder for the Security of the Country
and Shipps Trading there, and their inabiUty to furnish the
same themselues. [Sir Thomas Chicheley, Master of the Ord-
nance, is directed to furnish them] with as many great Gunns
as can be spared (from his Majesties Service here) not
exceeding the Number of fifty as also shot in such proportion
as he shaU think fit. [p. 108. ]j 4.]
[969.] Whitehall, 24 October :
Rebecka Bryen setting forth that she with her Nevis,
husband and Two Children lately coming from Nevis, where
they lived in good fashion were set vpon in the Nasewinde
of BristoU by Dutch Privatiers who killed her husband and
tooke from her 750/. worth of Goods to her vndoing, and
humbly praying his Majestie to Affoard her some Releife to
carry her and her Two Children back again to Nevis. His
Majestie in Councill taking compassion on the Petitioners
distressed case, was this day pleased to Order that the Right
Honorable the Lord high Treasurer doe give effectuall Order
38
594 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1673.
for the pajTnent of Ten pounds vpon the Dormant Privy
Scale as of his Majesties guift and bounty to the Petitioner
to returne to her former habitation. [p. 121. ^ 3.]
[970.] Whitehall, 24 October :
Plantation [George Pot of London, merchant, petitions that six months
after the peace made between England and Spain by the
Earl of Sandwich] the Shipp George, and Samuel, Thomas
Potts master was seized by a Spanish man of war within
Three dayes saile of Jamaica, who tooke out the lading worth
lOOOL but restored the VesseU. That since the last Articles
with Spaine, the Petitioners Shipp the Susan Joseph Wild
master with her lading was taken at Cape Catuche by a
Spanish man of warr to his Losse of 600Z. That in May last
the Petitioners Shipp called the Virgin Edmond Cooke master
saihng from Jamaica for London was taken neere the Havana
by a Spanish man of warre Don PhiUp Gerard an Inhabitant
of Campecha Comander, in which shipp the Petitioners Losse
amounted to 1500Z. besides the losse of Mr. Littleton and
others which is valued at least to 4000L more, And hkewise
the Petitioner doth averr that since the last conclusion of
Peace the Spaniards have taken in the West Indies about
50 saile of small and great Enghsh shipps. [Lord Arhngton is
to demand restitution from the Spanish Ambassador, and Sir
William Godolphin, who concluded the last treaty of peace
with Spain, is to be instructed to make representations at
the Court of Spain.] [p. 122. ^ 2.]
[971.] Ibid.
Nevis. [On the petition of John Smith, Thomas Smith is ordered]
to attend the Boord in person on Friday the 21th day of
November next to Answer the Petitioners complaint, whereof
he is not to faile at his perill. And It is further Ordered that
the Petitioner doe give security of 500Z. to be answerable
for the damage the said Thomas Smith shall sustaine by
1673.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 595
the dela5ang of his voyage if vpon the hearing it shalbe found
the Petitioner had no just cause of Complaint. [p. 123. ^ 2]
[C.S.P. III. 1155. T.]
[972.] WhitehaU, 5 December :
[Lord ArUngton is instructed to write to His Majesty's West Indies.
Ambassador at Spain to demand reparation for the ships
Humility and Virgin taken in the West Indies by Don
Phihp HeUen, ahas Fitz-Gerald, captain of a Spanish man
of war, and for the cruelties and murders committed on Mr.
Timothy Stamp, merchant, sailing on the Humility, and the
mariners of the said ships.] [p. 139. ^ 1.]
[C.S.P. III. 1178.]
On 27 February 1674, as no redress has been had in the
case of Mr. Stamp, fresh application is ordered to be made
at the Spanish Court and through the Spanish Ambassador.
[p. 185. Tf 3.]
[C.S.P. III. 1226. I.]
[973.] Ibid.
. John Channon Mariner this day . . . setting Plantation
forth, that being Master of a Vessell called the Rebecca
belonging to Jamaica and bound for the Barbados, was
surprized and taken at the Cape of St. Anthony by certain
Souldiers belonging to the Governor of Havana, sent thither
to attend the coming of the ffleet from Cartagena, who after
seizure of the said Vessell and Goods set the Petitioner and
his Men on Shoar in so desolate a place, that in 31 dayes
travell they met neither Man Woman or Child, and at length
after two Moneths jourmdng coming to the Havanna to
demand restitution, the Petitioner was sent Prisoner to Sevile,
and continued so for above 7 Moneths, and then was con-
demned to worke in the Quicksilver mines for ffour years,
with a charge on pain of Death never more to appear in the
West Indies ; That by meanes of his Majestys Ambassador
at the Court of Spain the Petitioner obteyned his Liberty,
but could not get Redresse for his Losses, so that without
his Majestys gracious flavour extended to him, he is utterly
Nevis-
Newfound-
land.
596 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1673-4.
ruined and undone, [he is to give an exact account of his losses
to Lord Arhngton, who is to write to the EngUsh Ambassador
at the Spanish Court with instructions to represent to the
Spanish King his Majesty's just resentment]. [p. 139. 1[ 2.]
[974.] Whitehall, 10 December :
Upon Complaint made to the Boord by John Smith . . .
of Nevis, That his Brother Thomas Smith had in his
absence brought an Action against his Agent in the Court of
the said Island upon a pretended Right to severall Cattle
(bequeathed to the Complainant by his ffathers last WiU and
Testament) that were upon a Pasture as belonging to Bathe
Plantation, which in truth they never did, and thereupon
through ignorance or corruption of the Jury obteyned a Verdict
and Judgement against the Petitioner . . His Majesty
finding no just cause for reversing the Judgement given
in the said Island as aforesaid, Did Order, that the Biisines
be, and hereby is dismissed this Boord, And that the afore-
said Bond of 500Z. be cancelled, the said John Smith first
pajdng unto his Brother Thomas Thirty pounds in consideration
of the Costs and the Damages susteyned by the putting of
his Voyage and attending the said Cause here.
[p. 145. II 1.]
[975.] Whitehall, January 2 :
[Restitution on payment of moderate salvage is ordered in
the case of three French ships, captured by Dutch capers on
returning from fishing voyages to Newfoundland : vizt. the
St. Anne of 35 tons burden, Jacques Tanguet master, owned
by Philip Caillovet and Francis Baillon of St. Malo, driven
by stress of weather into Portsmouth : the Arman of Souder,
sent from Chevelet in the River of Bordeaux, Jacques Doridan
Lewes Bolerne and Company owners, recaptured by the
Dover frigate, and condemned as good prize : and (by order
of the 9th) the Harman of Tramlade in France, Jaques
Chevalier master, de Rideau Martin and Company Merchants
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 597
of Rochell, owners, similarly recaptured and brought into
Plymouth.] [p. 158. Ulf 1, 2.]
[p. 160. ^ 1.]
[976.] Whitehall, 2 January :
[The Committee for Grievances are ordered to meet in the Nevia.
Council Chamber on Monday, 5 January] to take into their
Consideration a Report from the Councill of Trade in the
Business between Captain John Rodney and Sir James Russell
concerning a Plantation in Nevis, and that the said Captain
Rodney should then attend with his CounceU.
[p. 158. H 3.]
[On the 16th, the Council for Trade and Foreign Planta-
tions is directed to transmit to the Board a state of Captain
Rodney's case and the reasons of their proceedings therein.]
[p. 165. II 4.]
[C.S.P. III. 1207.]
[977.] Whitehall, 9 January :
. . Sir Charles Wheler, Setting forth. That the Petitioner West Indies
hath a long time suffered vnder his Majesties displeasure, and
therefore humbly praying to be heard at this Board con-
cerning his Proceedings in his late Government in the West
Indies, [the Council for Trade and Foreign Plantations is
ordered to] Represent to his Majestic in Council! by Wednesday
next the State of the Petitioners Case which occasioned the
Proclamation which Is&ued out against him, wherevpon his
Majestic wiU give such farther Order therein as shall be fitt.
ip. 161. If 1.]
[C.S.P. III. 1199.]
[978.] Whitehall, 16 January :
Whereas . . . Mr. Secretary Coventry one of the West indies.
Members of the Councill for Trade and Forreigne Plantations
did this day dehver in 5 Papers concerning Sir Charles Whelers
Proceedings in his Government in the West-Indies, [copies
are to be sent to Sir Charles Wheeler ; the Board also requests]
an Account of the Names of the Complajniers against the
said Sir Charles Wheler and where they dwell, to the end
598 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674.
they may be sent for ; And that at the day of hearing Henry
Slingesby Esqr late Secretary and one of the Members of
the said Councill do attend. [p. 165. ^ 3.]
[On the 21st, Sir C. Wheeler's business is appointed to be
heard on the 28th instant, when Captain Gorges, Mr. Bawden
merchant, and the widow of Thomas Morley are to attend.]
[p. 168. H 3.]
[979.] Whitehall, 21 January:
Plantation Thomas Jarvis Merchant Richard Ashall and WilUam
Trade.
How [having represented] That being bound from Jamaica
to Virginia in a Shipp called the Thomas and Mary of Virginia
valued with her Ladeing at 3000L were taken by a Spanish
man of Warr, their Ship plundered, and themselues most
barbarously used. And praying releife therein, [Lord Arhngton
is ordered to represent the case to the Spanish Ambassador].
[p. 168. ^ 1.]
[980.] Whitehall, 6 February :
Nevis. . . . Rebecca Brien who heretofore had Ten pounds
to carry her and her Children to Nevis, Setting forth that she
paid the said money to Captain John Green in Order to their
transportation, but that the said Captains vessell being ready
to Saile was vnfortunatly blown vp and destroyed, whereby
she lost the money and without some further releif is incapable
of procuring a passage [the Lord Treasurer is ordered to
cause ten pounds more to be paid her]. [p. 172. If 3. J
[981.] Whitehall, 13 February :
West Indies. . . Susan Morley Widow of Thomas Morley mariner deceased
Setting forth that by the Seizure of the Shipp WiUiam and
Nicholas of London at Anguilla according to Sir Charles
Wheelers Order, her husband lost to the Value of lOOOZ.
wherby She and her poore Children are hke to be vtterly ruyned
vnlesse releiued. [A copy of the petition is ordered to be
sent to Sir Charles Wheeler, who is to attend when the case
is considered by the Board on Friday, 20 February.]
[p. 177. II 2.]
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 599
[982.] WhitehaU, 25 February :
[Sir Francis North, the Attorney General, is to] prepare Navigation
a Proclamation to recall his Majesties Declaration of the
10th of May 1672 dispencing with some clauses in the Acts of
Navigation, and to present the same to this Boord for his
Majesties approbation. [p. 183. ^ 2.]
[On 11 March the proclamation is read at the Board, and
ordered to be printed and published.] [p. 190. ^ 4.]
[983.] Whitehall, 6 March :
[Captain John Rodney praying] That his Majesty would Nevis.
be pleased to admit his Appeale from a Sentence given against
him in the Island of Nevis by James Russell Esqr Governor
of the said Isle in the year 1670, for dispossessing the
Petitioner of a Plantation he then held in right of his Wife
ffrances the Rehct of WiUiam Richardson Merchant, and
graunting the same to one Thomas Cole in hew of a Debt
pretended to be owing to the said Cole from the said WiUiam
Richardson. [The appeal was admitted, and the matter
is ordered to be heard at the Board, the appellant being
instructed to give timely notice to all concerned.]
[p. 188. Tl 5.]
[984.] "WhitehaU, 11 March :
[The Committee report] That in pursuance of an Order of West indies,
his Majesty in Council of the 27th of ffebruary last they have
examined and seriously considered the Case of severaU EngUsh
Merchants, who trading into the West Indies have been
barbarously and inhumanely treated, despoyled of their
Ships and Goods, and tortured and murdered by the Spaniards
in those parts. And conceiving that the occasion of the afore-
said Usages (not being able to assigne any other Cause) may
have arisen by the EngUsh cutting of Logwood at Jucatan ;
Which being a beneficiaU Trade, and used by the EngUsh in
uninhabited Places only, where are neither ffortifications,
Castles, Magazines or Warehouses possessed by the Spaniards,
And for that their Lordships have been informed, That there
600 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674.
have been about 300 of his Majestys Subjects inhabiting Winter
and Summer at Jucatan (where they cut the said Logwood)
for Eight years past, and not any of them within ffourty ffive
Leagues of any Spanish Plantation, and for that it appears
that divers Enghsh Ships have been ill treated by the Spaniards
in the same manner, who have not had any Logwood on board,
and divers that had Logwood on board had bought it in his
Majestys Plantation of Jamaica. Their Lordships are therefore
humbly of Opinion, That Reparation and Satisfaction for the
aforesaid Injurys be earnestly insisted on, and demanded both
at the Court of Spain, and of the Spanish Ambassador here
And particularly for the Injurys and Damages susteyned by
Edmond Cooke Master of the Virgin, WiUiam How Master
of the Thomas and Mary of Virginia, Matthew ffox Master
of the HumiHty, and John Channons Master of the Rebecca
Sloop and the Owners and Adventurers in the said Vessells,
And if the same be denyed or unreasonably delayed, That his
Majesty cannot in Honour or Justice deny his Subjects the
Liberty of taking such course for their Reparation, as is
agreeable to the Law of Nations by way of Reprizall, And in
the interim, that notice be given to his Majestys Subjects
residing in those parts to prepare to defend themselves against
any the hke attempts that may be made on them in those
parts by the Spaniards. And in regard it appeared to their
Lordships, That Capt. ffitz Gerald, and Captain Yellows two of
' his Majestys Subjects revolted to the Spaniards are the Cheif
Instruments of the aforesaid Injurys and Depredations, Their
Lordships are of opinion. That a Proclamation be issued for
recalHng of his Majestys Subjects from the Service of any
fforrain Prince between the two Tropicks in America with
a Promise of Pardon if they render themselves within a con-
venient time. And that the Governor of Jamaica receive
speedy Order for securing both the said Persons, if they shalbe
found so offending after the time hmitted, within his
Government or elswhere, and to cause them to be sent
Prisoners into England, by the first Passage.
1674.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 601
[His Majesty, approving of the said report, ordered it to
be given to Lord. Arlington for use in obtaining redress and
the continuance of the trade in logwood.] [p. 189. Tj 1.]
[C.S.P. III. 1226 IV.]
[985.] Whitehall, 20 March :
Whereas Capt. John Rodeney did ... set forth, That Nevis,
it will require some time to send to the said Island of Nevis
for authentique Copies of the Proceedings made against the
Petitioners Estate, as also for the taking of such Depositions
and Evidence as is material! in the cause. And that he hath
several Wittnesses in England, who may either be dead, or
otherwise dispose of themselves to some fforrain parts before
the said Cause be heard and determined. And therefore Praying
his Majesty would be pleased to appoint some Persons to
take the Depositions of such Wittnesses as the Petitioner
shall produce in England and Nevis, and that their Testimony
so taken may be admitted as lawfuU Evidence when the said
Cause comes to a Hearing, [the Lord Keeper is ordered to
cause a commission or commissions to be issued under the
great seal of England to such persons as his Lordship shall
judge proper to take such examinations]. [p. 194. ^ 4.]
[986.] WhitehaU, 22 April :
Wilham Idle Master, of the Shipp Batchellor of New York.
Hull ; Setting forth, That the Petitioner (with his said Ship)
was in July last taken at New Yorke by Everson and Banoasse,
and from thence carryed Prisoner to Cales, where (wayting
his opportunity) on the 24th of March last at Night, with a
Boate and 8 Men Boarded his said Shipp, secured the Dutch-
men, and brought her safe off through 140 sayle of Shipps
in the Road with what Loading shee had then in her, without
Anchor, or Cable, to Plymouth, where shee now remaynes
with some Officers of the Admiralty on Board ; And Praying,
that his said Shipp and Goods may be discharged, he haveing
regayned her with great hazard and charge ; [The case is
referred to the Admiralty for examination and report] to the
602 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674.
end his Majestie may know the true state of the Matter, His
Majestie being -graciously pleased to bestow the Ship and all
her own Ladeing without Salvage on the Petitioner.
[p. 205. If 1.]
[987.] Whitehall, 1 May :
St. . , . Sir Charles Wheler Baronett, Complayning That
Christopher. -, ■,
Col. Strode hath received out of the Exchequer and diverted
to his owne private vse the summe of 27181. Os. 8d. which
was assigned to the petitioner by a Privy Seale, for the raysing
of Two Companyes of Foote in the West Indies, and for pay-
ment of them for one yeare, for the security and defence of
the Island of St. Christophers, to the great discredit and
damage of the Petitioner, [Colonel Strode is to have a true
copy of the said petition and] to returne his Answer therevnto
in writing to this Board with aU convenient speed.
[p. 216. II 3.]
[On the 8th, the case is appointed to be heard on the 13th.]
[p. 220.]
[988.] Whitehall, 6 May :
Plantation . . Thomas Biss Merchant of BristoU, Setting forth.
Trade
That for security of his Trade during the late warr, he bought
for his sole Account a Flemish Pink of Sixty Tunns called
the St. Martin of Bruges Jasper Bart Master ; That since the
Peace, he hath called her the Antego Merchant of BristoU,
William Joyner Master, and intendeth to imploy her in the
West India Trade. And forasmuch as by the Blessing of
Peace, Trade is every where encreased, and that there
appeares a reall want of Enghsh Built Shipping to carry it
on, and humbly praying his Majesties favour to cause the said
Pink . . to be made a ffree Ship [the petition is granted].
[p. 217. H 2.]
[989.] Ibid.
New York. [The report of the Commissioners of the Admiralty in
the case of the Bachelor having been read, the matter is
referred back to them for a more detailed report of the facts
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 603
of the case,] and that their Lordships advise with his Majesties
Councell Learned in the Civill Lawes, what may be fitt for his
Majestie to Order touching the said vessell, with reference
to any dispute which may hereafter happen to arise from
the Crowne of Spain in relation thereto. [p. 217. ]| 3.]
[990.] WhitehaU, 6 May :
[The Commissioners of the Customs having represented Plantatioii
Viscount Latimer, the Lord Treasurer, that the order of the
Board of 13 February, 1661, relaxing the Navigation Act
in favour of New England, is uimecessary, since] they
. . finde, that the Commodityes abovenamed, are really not
confined to be brought home hither, as is pretended, but that
sufficient Liberty is given to the Merchants by the said Act.
the said Order ... is hereby Revoked and
made voyd, whereof the Lord High Treasurer of England is
to take notice, and to give such Orders, and directions therein
as shall be necessary. [p. 221. ^ 4.]
[991.] Hampton Court, 27 May:
Whereas the 19th of this instant May Sir Charles Wheler '^^'''s* Indies.
Baronett and Col. Strode did mutually name, and make
choyce of Arbitrators to settle and compose aU Accompts
and Differences between them, and it now appearing, that the
said Arbitrators [refuse to act, both parties are ordered to
attend the Lord Keeper of the Great Seal, to choose other
arbitrators, and to settle the terms of the reference].
[p. 230. 11 2.]
[992.] Hampton Com-t, 3 June :
[At the second attempt to appoint arbitrators] Sir Charles West indies.
Wheler haveing Named Mr. John Page Merchant, and Col.
John Strode named Sir Richard Ford Aide. man of London
[these arbitrators are authorised to determine aU the matters
in dispute between the parties,] and particularly the difference
concerning the Partnership and Joynt-Intrest in the ffarmers
of the 4 & J per Cent of Barbados and the Leeward Islands,
and to call for all Books, Papers, and Vouchers necessary
604 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674.
for the informing their Judgments of the truth of all and
singular the Matters hereby Referred to their determination.
And Mr. John Buckworth may, if he pleaseth assist the said
Sir Charles in Stateing and makeing out his Accompts before
the said Arbitrators or Vmpire ; And Mr. Strode may like\\dse
be assisted in Stateing his Accompts by whom he pleases ;
^^^lich said Sir Charles AATieeler and Col. Strode are required
constantly to attend the said Arbitrators and Vmpire hereafter
named, either themselves in Person (when they can so doe)
or by their Agents, at such times and places as they shall
appoint, And in Case either of them shall neglect to attend
either in person or by his Agents (they haveing due notice of
their meeting and appointment) Then and in such Case, the
said Arbitrators (by the Consent of the said partyes) shall,
and are hereby Authorised to proceed to make their Award,
and bring the Matters in difference between them to a Deter-
mination in their absence, takeing the matter AUeaged against
the party so neglecting to attend pro confesso. [Failing a
decision by the arbitrators within ten weeks from this date,
the matter is to be left to an umpire appointed by his
Majesty,— Sir William Thomson, one of the Commissioners
for the Customs, — who may be by consent of both parties
present at the meetings of the arbitrators, and whose award,
to be made within three months from the present date, is to
be accepted by both parties. To secure the interests of the
King and of the several parties in the 4J% duty,] It is
further Ordered by Consent of Sir Charles Wheler and Col.
Strode That aU Goods which are, or shaU be Imported from
the Barbadoes vpon the Accompt of the ffarmers of the
4 & J per Cent, shall be received and taken vp by Mr.
Samuell Tyrrill and Mr. Francis Tyrwhitt, which said
Mr. SamueU Tyrrill is hereby Declared to be intrusted with
5 eight parts thereof, and is to Act therein on behalfe of Col.
Strode and Mr. Spencer ; And Mr. Francis Tyrwhitt Is also
intrusted with 3 eight parts thereof, and is to Act therein on
the behalfe of Sir Charles Wheeler.
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 605
And Mr. Tyrrill and Mr. Tyrwhitt are to putt in such security
as the Lord Treasurer shall approve, that they will Answer and
pay into the Exchequer so much of the neate Proceed of
their respective proportions wherewith they are intrusted, as
shaU be necessary for the payment and satisfaction of the
Rent, and Arreares due to his Majestic and the residue thereof
if any be, shall and will pay by like proportions vnto the
partyes for whom they stand intrusted.
And the said Sir Charles Wheler haveing presented one other
Petition to his Majestie in CounciU, touching his Estate in
the Island of Nevis, and Complayning of the lUegale Pro-
ceedings of Lieutenant Col. Stapleton his Maejsties Governor
in Cheife of the Leeward Islands, by takeing away, his Estate
Reall and personall ; [this will be considered by his Majesty
when the differences between Colonel Strode and Sir Charles
Wheeler have been ended. In the mean time,] It is Ordered,
That the Three Hundred and ffifty Pounds part of the Privy
Scale of Seven Hundred Pounds Assigned by Sir Charles to
Col. John Strode, and yet remayning vnpayd. And the Two
severall summes of Money, one of them of 1162L 13s. 02d. and
the other of 569/. 19s. 02d. which the said Sir Charles, Charged
by Two severaU Bills of Exchange Dated the 8th of Aprill
1671, vpon the Right Honourable the late Lords Commissioners
for his Majesties Treasury, and made payable to the said
Col. John Strode, Which summes are not as yet any of them
payd, shall all of them remayne by Consent of both partyes
in his Majesties Exchequer vntill the matters aforesaid hereby
Referred to Arbitration, shall by the said Arbitrators, or
Vmpire, pr otherwise be Determined, And that they shall not
in the meane time be payd out either to the said Sir Charles,
or Col. John Strode. [pp. 232-233.]
[993.] Hampton Court, 10 June :
It is this day Ordered by his Majestie ^in CounciU that vvest indies
Commissary Banes doe give in to the Clerk of the CounciU
a list of the names of such soldiers as served in the Regiment
606 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1674.
of Sir Toby Bridge in the West Indies, and departed vpon
Furloes from their Superior Officers, and which of those
Furloes were to hcence their absence for a prefixt tyme, and
which not, To the End that care may be taken for the pay-
ment of the Arreares of those soldiers who came away with
the hcence of their said officers. [p. 242. ^ 2.]
[The account of the arrears due to such soldiers as] have either
produced Furloes or Passes (as to time vnlimitted) or ample
discharges from the Officers of their respective Companies,
[amounting in all to 2498?. 19s. 3d., is presented on the 26th
and referred to the Lord Treasurer to be paid, if no objection
can be made thereto]. [p. 250.]
[994.] Hampton Court, 26 June :
Plantation TThe Phoenix of London, William Carver master, bound for
Trade.
Jamaica, was in November last seized by the Dutch and carried
to the Groyne, but not adjudged prize. Sailing thence she
was captured by the Nonsuch frigate. The Commissioners
for the Admiralty are ordered to investigate the matter, and
either to settle it, or to report.] [p. 250. ^ 2.]
[995.] Ibid.
West Indies . . Captain James Barret Setting forth that he served as
Captain in the Regiment of Sir Toby Bridge in the West
Indies, and afterwards in his highnes Prince Ruperts Regi-
ment of Dragons vntill that in may 1673 he was reduced
for being a Roman Catholique. That he hath arreares due
to him for his Service in the West Indies the whole moyty
wherof he is cut short off in an accompt made vp by Mr.
ffiUingham, but for what reason he knowes not. That the
Petitioner hath contracted Debts for his maintenance since
his reducement vpon the Credit of these arreares for which
he is dayly threatned to be arrested. And praying his Majestic
will please to Order that the Moytie of his arreares which are
already stated and allowed may be forthwith paid him, and
that it may be Referred to the Lord high Treasurer to
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 607
examin whether the Other Moytie ought to be paid him or
not. [The Lord High Treasurer is accordingly directed to
give orders for the payment of the arrears akeady stated
and allowed, and to examine the reason for omission of the
other arrears claimed and to do therein what shall seem fit
and just.] [p. 251. ^ 1.]
[996.] Hampton Court, 3 July :
[Edmond Cooke having fully set forth the case of the Plantation
seizure of the Virgin by the Spaniards, and the denial of]
Reparation at the Havanna, where the same was demanded
by an Agent sent on purpose from the Governour of Jamaica,
and unreasonably delayed here by the Spanish Ambassador,
[prays for letters of reprisal. His Majesty, admitting the full
justice of the request, but wishing to treat the Court of Spain
with much tenderness, orders Cooke to wait upon Lord
Arlington] and present some fit Person to his Lordship to be
sent with Credentials from his Majesty to the Court of Spayne,
and therewith to attend his Majestys Ambassador in order
to the procuring Satisfaction and Reparation for the Losses
and Damages so as aforesaid susteyned. [If satisfaction for
these damages, amounting in all to 12,863Z. 8s. l\d., be
delayed above the space of four months after his arrival,
letters of reprisal will be issued.] [p. 252.]
[C.S.P. III. 1320. I.]
[997.] Ibid.
. . Robert Yate, Thomas Earle and Robert Henle Merchants Plantation
of Bristol! [set forth that their ship the Joseph, laden with '^''^'i®-
tobacco, was taken by two Dutch Capers within the soundings
on the 30th of March last in her return from Virginia to Bristol ;
that notwithstanding his Majesty's letter of 1st May to the
States General of the United Provinces, their agent in Rotter-
dam reports that the power and interest of their adversarys
is such that he doubts of having any justice done in the case
without his Majesty's further favour to them. Mr. Secretary
Coventry is ordered to direct Sir WilKam Temple, Ambassador
608 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674.
at the Hague, to examine into the matter, and finding the
petitioners to deserve relief, to support them in every way].
[p. 253. Tl 2.]
[On 13 November they again petition that Sir WiEiam
Temple has been unable to prevail upon the judges to do
anything which may offend the said capers. His Majesty
resolves to write himself to the Prince of Orange, and orders
Mr. Secretary Williamson to draw up a letter for his signature.]
[p. 310. ^ 1.]
[On 19 May, 1675, they are still unable to obtain redress.
Mr. Secretary Williamson is therefore instructed to prepare
for his Majesty's signature] a very effectuall Letter to Sir
Wilham Temple . . . Requiring him to presse the States
Generall. [p. 420. Tj 3.]
[998.] Hampton Court, 3 July :
West Indies. Whereas James Cooke did . . . humbly shew, That
there being due unto him certain Arreares for his Service in
the Barbados Regiment in the West Indies, The Lord High
Treasurer of England finding him fairly quahfyed did on the
12th of May last put the said Arrears into the hands of Com-
missary Baines to be forthwith paid the Petitioner, but the
said Comissary without any Order for that purpose doth stop
the payment thereof unto the Petitioner upon pretence of
a Debt due to one Lloyd, a Person hving in the West Indies,
whereas in Truth the Petitioner oweth no such Debt, and hath
offered to enter sufficient Bayle to any Action at Law the said
Lloyd or his Agent here shall commence against him, And there-
fore most humbly Prayed to be releived herein he being much
damnifyed by the unjust Stoppage of the said Money,
[Commissary Baines was accordingly directed forthwith to
pay the petitioner his arrears]. Or otherwise that he shew
good Cause to the contrary to this Boord on ffriday the 10th
instant. [p. 255. y^ 3.]
[On the 10th, the reasons for delay appearing to be
insufficient, order is given for payment of the arrears, Cooke
giving security to answer Lloyd's claims at law.] [p. 258.]
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 609
[999.] Hampton Court, 10 July :
[On the petition of Captain William Idle, it is ordered New York.
that when the claims to the several goods in the ship Bachelor
have been settled, Captain Idle is to have, of the King's
bounty for his exploit in regaining the ship and his losses by
its detention,] all that Share and part in the said Goods and
Lading, which shalbe adjudged to his Majesty.
[p. 257. U 1.]
[1000.] Ibid.
. . William Smith on behaK of himself, and John Garnet st.
an Infant Son of Mr. Thomas Garnet of St. Christophers ^^"^ "^ "'"^^
deceased, . . . Setting forth, That he was formerly an
Inhabitant of his Majestys Island of St. Christophers where
he had not only a plentifuU Estate of his owne, but after-
wards marrying a Rehct of one Mr. Thomas Garnet, he was
possessed in right of his Wife, and of the said Infant of a large
Plantation with a personal! Estate in Slaves, Sugars, Indigo,
and other Goods to a very great value all which in ApriU 1665
when the ffrench tooke the said Island, because the Petitioner
would not swear Allegiance to the ffrench King, and renounce
aU other Christian Kings, He was forced to leave to the
ffrench to the utter ruine of himself and ffamily, who could
not be permitted to go to some other of his Majestys Planta-
tions, but was thrust on board with some small quantity
of Goods which the Enemy pretended to give the Petitioner
for his said Plantation and Slaves, and carried with his ffamily
to GaUicia in Spain and from thence to RocheUe, where they
turned the Petitioner on Shoar but detejoied the said Goods
from him. That after much time and hardship the Petitioner
got Leave to transport himself and ffamily into Ireland, where
he hath ever since Hved untill within these few Moneths,
and never heard of the Restauration of the said Island,
nor of his Majestys Proclamation for the old Inhabitants to
returne unto their Estates, untill after the time hmited for
their Returne was expired, by means whereof the Petitioner
and the Infant are like to be deprived of their Estate so
39
610 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674.
lawfully descended unto them only for their Loyalty, being
in point of time precluded (as the Petitioner is informed)
from the Redemption thereof by an Article in the Treaty of
Breda. And Praying That his Majesty would be pleased
to direct some Course whereby the Petitioner may be restored
unto his Plantation, or to bestow upon him so many Acres
of Land there in his Majestys Disposal! commonly called Kings
Land, as his Majesty shall thinke fit. Which his Majesty having
taken into consideration, and that the graunting the Peti-
tioners Request wiU contribute to the repeopling the said
Island, Was pleased to Order [the Lord High Treasurer, on
being satisfied of the truth of the petitioner's allegations, to
assign as many acres of the said district of King's Land to the
petitioner as his Lordship shall judge suitable.]
[p. 258. U 1.]
[1001.] Hampton Court, 10 July :
West Indies. The humble Petition of several late Souldiers in the Caribee
Islands in the Regiment of Sir Tobias Bridges [for payment
due for service therein, is referred to the Lord High Treasurer,]
to give such Order thereupon as his Lordship shall judge
necessary. \p 258. ^ 5.]
[1002.] Hampton Court, 17 July :
plantation [The owners of the Thomas and Mary set forth that in
Trade. pursuance of an order of the Committee they have made out
upon oath in the High Court of Admiralty the barbarous
usage they received from the Spaniards in the West Indies,
and have given particulars of their losses, amounting in all
to 6000?. The Court of Spain having given no satisfaction,
they ask for letters of reprisal. They are ordered to present
to Lord Arlington some fit person to be sent to the Court of
Spain with the same credentials as those given to the repre-
sentative of the Virgin. If satisfaction is not made within
four months of their arrival at the Spanish Court, His Majesty]
will and must graunt Letters of Reprizall . . according
to the Law of Nations and the 14th Article of the Treaty con-
cluded at Madrid the ^^th day of July 1670. [p. 261. ^1 2.]
1674.J ACTS OP THE PRIVY COUNCIL (COLONIAL). 611
[1003.] Hampton Court, 17 July :
[A Commission in the usual terms to John Man Esquire, Tobacco.
General Surveyor of his Majesty's Customs, and John Clement,
his assistant, to destroy the great quantities of tobacco now
ready to be gathered in the Counties of Gloucester, Wilts,
Hereford, and Worcester.
A similar commission to Richard Taylor, Waiter and
Searcher at York, for the County of Yorkshire.
An order to the Duke of Monmouth to assist Man and
Clement with a troop of horse.] [p. 262. ^][ 1, 2, 3.]
[1004.] Hampton Court, 24 July :
Sir ffrancis Gerrard Knight and Baronet Sir Gilbert Bermudas
Gerrard Knight Richard Chandler Esqr James Jauncy Hugh
Noden Merchants and others members of the Sommer Islands
Company . . . Setting forth. That his Majesty out
of a tender Care of the Safety of those Islands was graciously
pleased to signify his Royall Pleasure to the said Company
in the time of the late Warr with the Dutch, not to alter the
Government of those Islands being then in the hands of Sir
John Heydon Knight, during the then conjuncture of Affaires,
notwithstanding which a major part of that Company have
by their power and prevalency lately outed the said Sir John
Heydon, and elected one Samuel Whaley to succeed in his
place, without attending his Majesty for determination of
iis Royall Pleasure signifyed as aforesaid, although the said
Whaleys Principles as apprehended by the Petitioners may
be prejudiciall to his Majestys Service in the Good and Safety
of those Islands, and have been heretofore so represented
to his Majesty, And therefore Praying, That the said Sir John
Heydon may be continued in the said Government, and Mr.
Whaleys Commission suspended [it is ordered that the Com-
pany] do continue the said Sir John Heydon in the place of
Governor of the said Sommer Islands as formerly, And that
any Commission for conferring the Government of those Islands
on Mr. Samuel Whaley be suspended untill his Majesty shall
612 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1674.
Leeward
Islands.
Plantation
Trade.
have declared his further Pleasure concerning the same in
regard it very much imports the Good of his Majestys Service.
[p. 263. If 2 ]
[1005.] Whitehall, 4 September :
[The arbitrators between Sir C. Wheeler and Col. Strode
finding the business of more length than was expected, and
being delayed by the indisposition of some of those concerned,
are allowed tiU the first day of the next term for their arbitra-
tion, and the umpire, Sir Wm. Thomson, is added as an
arbitrator to settle all differences.] [p. 267. ^ 2.]
[1006.] Ibid.
[The Council refer to the Customs for consideration and
report on next Coimcil day, the petition of] Henry Meese, James
Thierry, MichaeU CUpsham, and others of London Merchants,
Setting forth, That the Petitioners relying on his Majesties
Declaration of the 10th of May, 1672, for suspending the
Act of Navigation, did, in the Moneths of December January
and February last, hire, and ffreight the severall Forreigne
Shipps hereafter mentioned, vizt. the King David of Ham-
burgh, the Queen of Swedland of Stoad, the Burgh of Staden,
the Salvator of Staden, and the St. Laurence of North-
Bergen, for his Majesties Plantations of Virginia and Barbados,
and were some of them departed, and others Loaden ready
to depart before his Majesties Proclamation of the 11th of
March 167'/* for recaUing dispensations to Forreigne Ships,
came forth ; And whereas the Six Moneths limitted by the
said Proclamation wiU be expired the 11th of this instant
September And Praying, That if One, or more of the said
Ships should happen not to arrive within the said Hmitted
time, they may neverthelesse enjoy the benefitt of his
Majesties Dispensation. [p. 268. If 1.]
[On 9 September a similar petition by Warwick Yard
for the Mark of London, foreign-built, Jeffrey Winchaut
master, returning from Barbados, is referred to the Lord
Treasurer.] [j, 270. ^ 4.]
1674.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 613
[1007.] Whitehall, 9 September :
[Martin Stamp petitions that though the Board has Plantation
several times ordered Lord Arlington to write to the Court
of Spain, representing] his Majesties just resentment of the
Barbarous Murther of the Petitioners Brother, and most of
the Men in the ship called the Humihty of London, Committed
by one Captain Fitz Gerrard, by Authority from the Governor
of the Havanna, as also of the losse sustajmed by seiseing and
plundring the said ship to the value of 5000L, whereof the
said Governor had his share, after he had given them Licence
to goe on their Voyage with a protection against all Spanish
Ships, [he can yet obtain no satisfaction whatever. It is
ordered that one of his Majesty's principal secretaries of state
do write effectually to the EngUsh Ambassador in Spain to
demand satisfaction ; if this is not given within four months,
letters of reprisal will be granted. The Ambassador] is to
putt this Case into the same Condition in aU respects with the
rest lately Transmitted to him by an Expresse.
[V. 271. H 2.]
[C.S.P. m. 1351.]
[1008.] Ibid.
[Upon the petition of Captain WiUiam Idle of the ship New York.
Bachelor it is ordered]. That the Commissioners for Mannage-
ing and Collecting the Rights, dues, and perquisits belonging
to the office of Lord High AdmiraU of England in time of
Warr, do cause the Goods aboard the said Ship (except such
as are abeady restored) to be sold at the best Markett
according to the Sentence of the Court of Admiralty, and
then his Majestie will gratifie the Petitioner according to the
proportion promised. iV- 271. T[ 3. J
[1009.] Whitehall, 11 September :
[The Commissioners of the Customs report on the petition Plantation
of Henry Meese and others referred to them on 4 September] :
haveing Examined the Booke of your Majesties
Searchers of this Port, [and the CoUectors' Book of Falmouth,
we find that the King David cleared out of London for
614 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1674.
Jamaica.
Virginia, on 3 Feb. 1674, the Burgh of Staden and the Queen
of Swedland on 3 March 1674 : and the Salvator of Staden
from Falmouth on 16 March 1674], and wee believe they have
plyed their Voyages with dihgence, and endeavoured to retume
within the time hmitted by your Majesties Proclamation of
the 11th March 1673[4]. But being not yet returned, wee
humbly offer them as fitt Objects of your Majesties grace and
favour, That they may enjoy the benefitt of your Majesties
said Indulgence of the 10th May 1672 haveing proceeded
vpon the encouragement thereof. And wee doe humbly
Informe your Majestie that the Ship the Laurence of Hambro
in the Petition also Named since the said Petition to your
Majestie, is Arrived and now in Discharge in this River.
[It is ordered that] the Petitioners do attend the Right
Honorable the Lord High Treasurer of England therewith,
who is desired (if he have nothing to object against it) to
give Order in this Business according to the said Report.
[p. 272. H 4.]
[1010.] Whitehall, 25 September :
An Estimate of the Charge of Ordnance, Carriages, Powder,
Shott, Match, Armes, and sundry other Stores and Provisions
of Warr, demanded by [the Governor, Lord Vaughan, as neces-
sary for the supply of Jamaica, amounting to 6951Z. 10s. IQd.
was approved, and the Lord High Treasurer instructed to
have a Privy Seal prepared for payment of the said sum to
the Treasurer of the Ordnance]. [p. 278. ^ 1.]
Plantation
Trade.
[1011.] WhitehaU, 4 November :
[The Royal African Company setting forth that by letters
patent they enjoy a monopoly of the trade on the West
Coast of Africa] fEor the Security whereof the Petitioners
have there setled divers Garrisons fforts and ffactorys, and
have been during the late Warrs and still from time to time
must be at vast expence for mainteyning the same, Never-
thelesse the Petitioners have lately received Advice that
severall Ships from New England and divers other parts of
1674. J ACTS OF THE PRIVY COUNCIL (COLONIAL). 615
his Majestys Dominions in America and also the Dutch and
severall other fiorrainers being invited and encouraged there-
unto by some of the Governors of his Majesties Plantations,
do trade thither for Negro's and other Goods and Merchandizes
of the Product of Guinee directly contrary to the Act of
Navigation, which if not prevented wilbe the utter destruc-
tion of the Trade into those parts, And therefore Prajang
That his Majesty would be pleased to issue out his Royall
Proclamation prohibiting all his Subjects whatsoever, except
the Petitioners, to send any Ships, or to trade from any his
Majestys Plantations to the said Coasts of Africa within the
Limits of the Petitioners Charter. It was Ordered by his
Majesty in Councill, That a Copy of the said Petition be sent
to Sir Francis North his Majestys Attorney Generall, who is
hereby required to prepare the Draft of a Proclamation
according to the tenour of the Petitioners Request, and present
the same to this Board on Wensday the 11th instant. And it
was further Ordered, That some in behalf of the Petitioners,
and also some of the Planters and Merchants concerned in
his Majestys American Plantations and the Trade thereof
do attend his Majesty in CounciU on the said 11th instant in
order to the setling the severaU Rates and Prices of such
Negro Servants as shalbe carried from Guinee to any of the
said Plantations. [p. 300. ^f l.J
[On the 25th the draft of the proclamation is approved
and it is ordered to be engrossed for his Majesty's
signature in order to have the same forthwith printed and
pubKshed.] [p- 316. If 2.]
[1012.] Whitehall, 6 November :
[The Council refer to the Commissioners of Prizes the petition West indies,
of] Gilbert Pickering, Thomas Peachy, Robert Coat and
severall others Seamen belonging to the Hired Ship, Thomas
and ffrancis Capt. Gallop Comander Shewing, That on the
26th of ffebruary last they tooke the Ship Susannah from the
Dutch off Corassoe as they came from Guinee, wherein were
616 ACTS OF THEP RIVY COUNCIL (COLONIAL). [1674-5.
Plantation
Trade.
600 Negroes and upwards, and 271 Markes of Gold besides other
Goods of considerable value, That the said Ship having Letters
of Marque, the said Negroes (being between Decks) properly
belonged to the Petitioners, yet the said Captain and the
Governor of Jamaica sold and converted them all to their
owne use without allowing the Petitioners any Share or part
thereof contrary to his Majestys Proclamation for Encourage-
ment of Seamen, And therefore Praying some Course may be
taken for their Releif herein. [p. 303. ^ 4.]
[1013.J Whitehall, 2 December :
A Minute of Letters of the tenour following to the severall
Governors of his Majestys Plantations in America hereunder
written. [Recapitulates the proclamation of 30 November
confirming the monopoly of the Royal African Company,
encloses a copy of the proclamation, and orders its punctual
observance], not only by discouraging and hindring as much
as in you lyes aU Attempts and Endeavours contrary there-
unto, but by affording your utmost Assistance to the said
Company or their Agents in taking the fforfeitures of such
Persons as shaU presume to transgresse the said Proclamation,
and otherwise, as to you shall seem best for procuring all
due obedience to his Majestys Comands in this particular.
Barbados
Jamaica
Nevis and
Leeward Islands
Virginia
Maryland
Carohna
New England
New Yorke
Bermudas
New
England.
Sir Jonathan' Atkins.
Lord Vaughan,
Col. Wihiam Stapleton.
Sir WiUiam Berkeley
Charles Calvert Bsqr.
Sir John Yeomans.
John Leveret Esqr.
Major Edmond Andrews.
Sir John Heydon.
[p. 322.]
[1014.] WhitehaU, 13 January :
Vpon reading this day at the Board the humble Petition
of Eerdinando Gorges, as also the Petition of Robert Mason,
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 617
Complayning of the vnjust deaUngs of the Massathusetts
towards them, in dispossessing them of their jrespective
Inheritances in the Provinces of Mayne, and New Hampshire
in New England [The petition is referred to the Committee,
which is ordered to meet on the 14th instant at 3 in the after-
noon, and to report to the Council on Friday next].
[p. 346. If 2.]
[1015.] Whitehall, 13 January :
[The Council refer to the Admiralty for examination and New York,
report the] Petition of WiUiam Idle Commander of the Ship
Batchelor, Praying, that the Goods in the said Ship may not
be exposed to sale, or if they be, that the Petitioner may have
1343?. payd him before the Sale. [p. 346. ^ 3.]
[1016.] WhitehaU, 29 January :
[The Council refer to the Lord High Treasurer for examination Bahamas,
and report the] Petition of John Baynes Esqr on behalfe of
himseMe and others his Majesties Subjects Merchants Adven-
turers to the Bahama Islands in the West Indies, Setting forth,
That the Petitioners did in the Moneth of July 1672 buy of
Mr. George Potts a certain Ship for the carrying on their
Trade aforesaid, which Ship was One of his Majesties Prizes
called by the name of the Old Abraham and was sold by his
Majesties Commissioners of Prizes for the Port of London
vpon the 17th of the same July vnto the said Mr. George
Potts for the summe of 400L That the Petitioners did at
their Charge repaire and fitt the said Ship for Sea, and sent
her by the name of the Bahama Merchant vpon a voyage to
the said Islands : That the Petitioners are obstructed in their
Trade with the said Ship vpon pretence that shee is not a ffree
Ship, whereas the Petitioners did suppose that she haveing
once been his Majesties Propriety shee could not in reason
be afterwards reputed Forreigne, haveing never since been other
then the Propriety of his Majesties Native Subjects of England ;
And Praying his Majesties Order for the makeing ffree the
said Ship. [p. 361.]
618 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1675.
[1017.] Whitehall, 5 February :
West Indies. [Thomas Martin of London, merchant, petitions] that he
hath often represented to this Board the great Losses he
susteined in Shipps and Goods by the violence and injustice
of Monsieur de Bas and Monsieur Ogeron two French Governors
in the West Indies and made the truth of his Losses appear,
as well before a Committee of this Boord as by the Report
of the Judge of the high Court of Admiralty. [Yet though
Lord Arhngton here and Mr. Montagu, while Ambassador at
Paris, have made many pressing instances in his favour, no
satisfaction can be obtained. He therefore prays for letters
of reprisal; but his Majesty, hoping that the petitioner
may in an amicable way receive satisfaction, orders him to
attend Mr. Secretary Coventry, who is instructed to set the
case before Monsieur de Ruvigny, the French Ambassador.]
[p. 367. TI 1.]
[1018.] Whitehall, 10 February :
Council [The Council refer it to the Lord High Treasurer to deal as
PlZ^tetions'^ he shall see fit with] the Petition of Gawen Wilson, and John
Richards Clerks, John Sampson Messenger and Thomas Roe
Doore keeper to the late Councill of Trade and Plantations
concerning the Salary due to Them while they continued in
their SeueraU employments, with the annexed Certificats of
their Service. [p. 373. ^ 2.]
[1019.] Whitehall, 12 February :
[The Council refer to the Lord High Treasurer for deter-
mination or report] the Petition of the Governor and Com-
pany of the Citty of London for the Plantation of the Summer
Islands ahas Bermudas Setting forth, that whereas his Majesties
RoyaU Grandfather King James was graciously pleased to
Incorporate the Petitioners by the Name of the Gouernor and
Company of London for the Plantations of the Summer
Islands, for the Maintenance of which Gouernment, Support
of the Gouernor, and defraying the necessary, and Incident
Charges for the preservation of the said Island, There hath
Bermudas.
1675.1 ACTS OP THE PRIVY COUNCIL (COLONIAL). 619
euer since the said Charter, and by virtue thereof been imposed
and levied vpon the Comodityes from thence exported, such
reasonable Taxes and payments as by the said Gouernor and
Company in Court assembled hath bin from time to tyme
thought fit. That one Mr. Perient Trot a Member of the said
Company and interessed in Severall Shares of the said Island
hath lately frieghted a Ship called the Ehphant with a great
quantity of Tobacco of the groweth of the said Islands and
there laden on board and hath imported the same into the
River of Thames without paying any of the Dutyes due vnto
the said Company and so intends as soon as his Majesties
dutys shall be paid to vnlade the same, and to defraude the
Company of their necessary Support, all which tends to
the Destruction of the said Plantation, And praying that the
Commissioners of the Customes may be directed to stop
the vnlading of the said Tobacco vntill the Dutys of the Com-
pany be answered, vnlesse Mr. Trot shall on the next Councill
day shew good Cause to the Contrary. [p. 377. Tj 1.]
[1020.] Whitehall, 12 February:
[The Council refer to the Committee for examination and Nevvfound-
report] the Petition of WiUiam Hinton Esqr Setting forth
that about the yeare 1670 the Merchants of London, Bristoll,
Southampton, Isle of Wight, Portsmouth, Foy, East Loo,
West Loo &c. did humbly pray his Majestic to Settle New-
foundland and the Trade thereof vnder his Majesties Gouern-
ment. But the same being Referred to the Councill of Trade,
and the warre coming on nothing was done therin to the
great decay of the Trade and hazard of loosing all; And
praying that the seuerall former Petitions, and the reasons
annexed may be considered, and the Trade encouraged to
florish more than euer. [P- 378. T| L]
[1021.] Whitehall, 12 March :
The Right Honourable the Lord Keeper of the Great Scale ^j^.'^^.'rnd
of England this day acquainted the Boord by his Majestys Plantations.
620 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1675.
Comand, That his Majesty having been pleased to dissolve
and extinguish his late Councill of Trade and fforrain Plan-
tations whereby all matters under their cognizance are left
loose and at large, Had thought fit to commit what was under
their Inspection and Management to the Comittee of this
Boord appointed for Matters relating to Trade and his fforrain
Plantations, vizt. The Lord Treasurer, Lord Privy Seale,
Duke of Lauderdail, Duke of Ormond, Marquesse of Worcester,
Earle of Ossory, Lord Chamberlain, Earle of Bridgewater
Earle of Essex, Earle of Carhsle, Earle of Craven, Viscount
Fauconberg, Viscount Halyfax, Lord Berkeley, Lord Holies,
Mr. Vice-Chamberlain, Mr. Secretary Coventry, Mr. Secretary
Wilhamson, Mr. Chancellor of the Exchequer Mr. Chancellor
of the Dutchy, and Mr. Speaker, And did particularly Order,
That the Lord Privy Seale, the Earle of Bridgwater, Earle of
Carhsle, Earle of Craven, Viscount ffauconberg Viscount
Halyfax, Lord Berkeley, Mr. Vice-Chamberlain, and Mr.
Chancellor of the Exchequer should have the immediate Care
and Intendency of those Affaires in regard they had been
formerly conversant and acquainted therewith, And there-
fore that any ffive of the last named Lords should be a
Quorum of the said Comittee, And that their Lordships meet
constantly at least once a Weeke, And make report to his
Majesty in CounciU of their Results and Proceedings from
time to time, And that they have power to send for all Bookes
Papers and other Writings concerning any of his Majestys
said Plantations, in whosesoever custody, they shalbe informed
the same do remayne. And his Lordship further signifyed his
Majestys Pleasure, That Sir Robert Southwell do constantly
attend the said Comittee. [p. 395. •[[ 1.]
[C.S.P. IV. 4601.]
On 5 May to expedite business the quorum is reduced
from 5 to 3.] [p. 417. % 1.]
[1022.] Whitehall, 5 May :
New York. [To the Commissioners of the Admiralty is referred Captain
Idle's petition for the money received by them for the goods
1675.] ACTS OF THE PHlVY COUNCIL (COLONIAL). 621
sold out of the ship Bachelor, for the deUvery to him free of
duty of the tobacco bought by him for 551?. 7s. Qd., and for
what else his Majesty shall think fit to bestow on him.] .
[V. 412. II 1.]
[1023.] Whitehall, 5 May :
[The Council approve and direct the issue of all necessary Newfound-
orders in accordance with the following report of the Com- ^° •
mittee] : —
Wee have in Obedience to your Majesties Order in
CounciU of the 12th of February last past taken into
Consideration the Petition of Mr. Hinton, and all the
papers presented by him touching the necessity of placeing
a Governor at Newfound Land for the advantage of that
ffishery. Wee have also in pursuance of the said Order
pervsed all the Petitions, Papers, Orders, and Resolutions
touching this AfEayre, either as the same hath been
Transacted formerly at this Board, or before the late
Council! of Plantations.
Wee have also sent Advertisement to all the Western
Ports, and did for severall dayes heare their Agents,
and other Principall Merchants of the Exchange concerned
in their Opinions and discourses either way, some for the
Encouragement of a Colony and Governor, but many
more against both ; And the Points that seemed to be
made out very cleer vnto vs were as
1. That the French have of late yeares applyed them-
selves with great industry, and pubhck encouragement
vnto the Fishing Trade, vpon one of the sides of New-
found Land, so that the Enghsh serve none of the
Marketts of France as formerly they did, but on the
contrary the French are found in many other of the For-
reigne Marketts as early as the Enghsh themselves.
2. That the People of New-England, do on their own
Coast take great quantityes of large Fish, about sixty
Thousand Kintalls a yeare, and by encreasing the Trade
there, bring much detriment to that of Newfoundland.
622 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1675.
3. That for some late yeares the Fish has fayled in
Newfound Land, the Adventurers have lost many of their
Shipps in the late Warrs, especially in that with Spain,
and the late Warrs have much diminished the hands
which vsed to take ffish. The Inhibitants and Planters,
who contrary to their old Charter live within Six Miles
of the Sea, have destroyed the woods, do continue to
destroy whatever the Adventurers leave yearely behinde ;
They possesse early the Places of greatest Conveniency
before the Adventurers returne, and which is very per-
nicious do most of them sell wine and Brandy, whereby
the Seamen are withdrawne from their Labor, and many
seduced to stay in the place, while their Familyes do
thereby become Burthens to their respective Parishes at
home.
From all which Reasons 'twas easy to beleive there
was a decay of the Trade as to England, and that the
Compla3nits thereof were very just. But as to Mr. Hintons
Proposall for curing all by a Governor We could not finde
that a Governor could cure any part.
1. Because the Planters who are now there in Number
Eight Hundred or One Thousand, do live scattered in
Five and Twenty severall Harbours betwixt Renouse and
Bonavista, which are aUmost Eighty Leagues assunder.
2. That in all the Winter when the abuses are many of
them done, there is no passing by Sea or Land from One
Place to another, so that neere Forty Harbours would
have no Government though a Governor were in the
Country.
3. That besides the Charge of Forts, and of a Governor
which the Fish Trade cannot support, 'tis needless to
have any such defence against Forreigners, the Coast
being defended in the Winter by the Ice, and must in
Summer by the resort of your Majesties Subjects, for that
place wdll allwayes belong to him that is superior at Sea ;
So that vnlesse wee saw proper Reasons for a Coloney,
1675.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 623
We could see none for a Governor ; And against a Coloney
there are not onely the rigours of the CUmate, and in-
fertihty Of the Land, which, as is alleaged, ohhge all those
who are there all the Winter to Idlenes, and inchnes
them to Debauchery, But they cheifely consume the Pro-
ducts of New England, the Shipping of which Country
furnish them with French Brandy, and Madera Wines
in exchange for their Fish, without depending for any
supply from hence ; And We had reasons to presume that
if the Climate and Soyle could favor a Colony, they would
rather adhere to New England, and in time tread in the
same stepps, to the losse of those many advantages,
which at present, by the Method things are in, we yet
enjoy. For We could not hope for a hke Regulation on
the Product of this Place, as on the Products of your
Majesties other Plantations, because Fish cannot beare
the Charge of comeing home, but must goe directly to
the Marketts abroad.
Our next enquiries were concerning the French, and
by what Methods they proceeded in this Trade, and We
have not found that they do otherwise mannage it, then
by the Adventvirers Ships that yearely goe out and returne
back ; 'tis true they have a Fort at Placencia in the
South part of the Island, with some Gunns in it, which
are to defend them from the Indians, who at certayn
times come off from the maj^ne and molest them in their
Beavor Trade, for which Trade onely, and not for ffishing
they doe Inhabite there ; and we were the more con-
vinced herein when by computing and Comparing the
Charge of Catching Fish to the Adventurer, and to the
Planter, Wee found the former could doe it cheaper then
the latter ; which turn'd our whole Enquiry to finde out
whether the French have any thing which enables them
to Catch Fish Cheaper, or any Art in the preserving, to make
them sell dearer then the Enghsh ; And by the various
Accounts of the Merchants who appeared (though differing
in Opinion) Wee had reason to beleive, that the Enghsh
624 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1675.
do in general! still preserve a superiority in the Trade,
They Catch it as cheap, Cure it as well, come as early to
Market, can there sell as dear, and afford it as cheap
as any the French can doe.
So that after Consideration of the whole Matter, We had
recourse vnto those Rules which were formerly on like
occasion setled in Council! by your Majesties Order of the
10th of March 1670-1 and We found them all so proper,
and effectuall for the advantage of this Trade, as to need
onely some few Additions to make the Trade revive and
flourish, And those Additions We humbly propose to your
Majestie as followeth.
1. That all Plantation and Inhabiting in that Country
be discouraged ; And in order herevnto. That the Com-
mander of your Majesties Convoy have Commission to
Declare at his goeing this yeare, your Majesties ^vill and
pleasure to al! the Planters, that they come voluntarily
away, and in Case of disobedience, that your Majestie
will beginn the next yeare ; and so from time to time as
often as your Convoys are sent thither, to putt in exe-
cution the ancient Charter, wliich strictly forbidds any
planters to Inhabit within six Miles of the Shore from
Cape Race to Cape Bonavista ; and finding any of them
within that District, to Seize, bring away, or send them
home as Offenders, to Answer their Contempts, and the
Mischeifs before recited, which have been occasioned by
such their Inhabiting contrary to the Charter ; And in
this single point (as We humbly conceive) does consist
the vahdity and good effect of the whole Regulation.
2. We further humbly Offer that the Convoy who is
now goeing, may have Instructions to help and assist
those in their Transportation who shall be desirous vpon
this intimation of your Majesties pleasure to returne home ;
And to Declare, that in Case they shall rather chuse to
betake themselves to any of your Majesties Forreigne
Plantations, That the Governors are now writ vnto, and
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 625
Commanded by your Majestie to receive them with all
favor, and afford particular help and assistance towards
their setlement ; And such Letters We humbly propose
to be speedily sent vnto the said Governors.
Also that the said Convoy, besides those points
wherein he is akeady Instructed by the Lords of the
Admiralty, be further Ordered to enquire if any Strangers
doe in this time that they are in warr with each other,
come there to Fish vnder the pretext of being Enghsh, and
in Case of any Jealousy, to enquire into their passes and
Sea-Breifes, and by what meanes, or whose Authority they
have procured the same. Also to make enquiryes into the
State of the French Trade, the Number of their Ships, and
whether the same are this yeare more or lesse then formerly
they have been ; And of all his Observations and
Journalls there, to send a Duplicate vnto this Committee.
3. That your Majesties Councill Learned be directed (as
formerly they were) to enquire into and review the Powers
formerly given by your Majesties Charter of Confirmation
for the Trying of Treasons, Felonies, Murthers &c. done
in that place, and that if the same be in any thing deficient,
or Inconvenient, that they Report what sort of Judicature
would be convenient to be Erected for the hearing and
determining of such offences.
4. And when the same is Reported, and your Majestie
shall in Councill settle and determine into what hands
the administration of that Power shaU be placed, That
then the Mayors of the Westerne Ports be required to
Renew their Charter, with the additionall Rules and
Powers above-mentioned. Also that the same Charter
may be printed, and a Proclamation Issue to enforce the
observation of all that shall be estabhshed thereby, for
the better exciting of all persons to their Dutyes who are
concerned therein, or Obliged to take notice of the same.
AVhitehall Aprill 15th 1675. Anglesey, Craven, G-
Carteret, J: Williamson. Robert Southwell,
40
626 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1675.
Plantation
Trade.
New
England.
Plantation
Trade.
[Orders follow to Sir William Jones the Attorney General to
consider and if necessary revise the powers formerly granted
for punishment of criminals in Newfoundland ; to Governors of
foreign plantations to receive favourably such as come to them
from Newfoundland ; and for the renewal of the charter
regulating the fisheries,] [p. 413. ^ 3.]
[C.S.P. IV. 549-50.]
[1024.] Whitehall, 9 June :
[The owners of the Virgin report that in accordance with
the order of 3 July, 1674 they sent Edmond Cooke into
Spain, and that he] hath noAV attended at Madrid neer n3me
moneths without obteininge satisfaction. [They therefore
sue for his recall, which is ordered.] [p. 424. ^ 3.]
[C.S.P. IV. 579.]
[1025.] Whitehall, 11 June :
[The Council refer to the Committee for examination and
report] the Petition of William Harris of New England
Setting forth that John Harrad of Warwick in the Colony
of Rhode Island and diuerse other Persons have entered vpon,
and by force hold (against Verdict and Judgment resisting
Execution) a certain parceU of Land called the Proprieties
of the Men of Patuxet lying within the Towne of Providence
in the said Colony, and belonging to the Petitioner and his
Partners ; and praying Releif. [p. 431. ^ 3.]
[C.S.P. IV. 585.]
[1026.] Ibid.
. . Edward Sanders of London merchant Setting forth that
Peter Lidget of New England merchant did lade for the accompt
of the Petitioner on the Shipp Society of Boston Thomas
Edwards master a parcell of Provissions Valued at Seaventy
Pounds SterUng, and consigned them vnto Captain Samuel
Bache at Jamaica. That the said Ship in her way touching
at the French Tortugos, The Governor there. Monsieur
Orroone violently tooke out the whole quantity of the said
Provissions, and refuses to give Satisfaction for the same
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 627
though often demanded, and praying Releif herein. [Mr.
Secretary Coventry is ordered to obtain satisfaction from
the French Ambassador.] [p. 433. ^ 2,]
[1027.] WhitehaU, 16 June :
[The Lord Privy Seal having represented the condition of New York.
Wilham Idle's claim, his Majesty, taking notice of how
frequently he hath declared his favour therein, is pleased to
order] the Lords of the Admiralty to forthwith determjTie
that busines, and give the Petitioner such Releif as in Justice
and equity their Lordships shall think fit. [p. 440. 1| 1.]
[1028.] Whitehall, 18 June :
[The Council approve, and give orders in accordance wth, st.
the following report of the Committee] : —
Wee have in obedience to your Majesties Comands and
according to the Duty that lyes vpon vs in the care of your
Majesties forrein Plantations, pervsed Seuerall letters from
Col. Stapleton . . And Wee have entred into the
Examination of Seuerall Things which relate very much to
your Majesties Service in the Security of those Islands, and
the releif of many of your Subjects who have suffered hardship
from the French, And what Wee have at present to lay before
your Majestic is the very bad Condition in Avhich Wee finde
the Two Companys of Foot which are on the Island of
St. Christophers ; They are Wasted from their Complement of
80 men in each Company to 49 men in the one, and 54 in the
other ; They have not receiued any Pay for the Space of
Three yeares, so that they are naked and have onely Subsisted
by the Charity of the Planters, and the care of their Colonell ;
Wee also finde the said Colonel equaly destitute of any kinde
of supply for Three yeares past. And when Wee observe by
all accompts how the French forces in the said Island are all
of them well Clothed and punctually paid. Wee cannot but
think, Your Majesties honor aswell as the Security of th^
628 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1675.
Place concerned in a present and effectuall Redresse therof ;
In order to which Wee doe finde that by an EstabHshment made
by your Majestie at the tyme of Sir Charles Whelers going over
as Governor the pay of the said Companyes did amount vnto
2778^ 10s. 8d. and in virtue of letters of Privy Seale passed
to the said Sir Charles Wheler the 10th of March 1670 for
payment of that Summe, his Correspondent Colonel Strode
acknowledges to have by his order receiued [it] and the said
Companyes were as wee are informed, satisfied their Pay in
St. Christophers from the first day of their being mustered
vnder Sir Charles Wheler, which was the 7th of July 1671
to the 7th of July 1672 out of the Sequestration and Sale of
Sir Charles Whelers Plantation there. But whether the said
Companyes did receiue their full pay for that tyme by the said
Sale is not yet before us : Wee further finde that a Privy Seale
was past vnto Colonel Stapleton on the 2.3th of 7ber. 1671,
Ordering on the removall of Sir Charles Wheler that the like
summe of 2778?. 10s. 8d. should be paid vnto him for the
said Companies according to the rate of the said Establish-
ment ; But Wee do not observe any continuance of the said
Payment to the Soldiers mentioned. So that Provission was
onely made in this Privy Seale to Col. Stapleton as in the
former to Sir Charles Wheler, But for the Space of One
yeare ; And having now receiued seuerall Muster Rolls by a
Lieutenant sent over Expresse, and having referred the same
to the Examination of Commissary Banes, Wee finde by his
Report that the said Muster Rolls of the Two Companyes
vnder the Government of Col. Stapleton do commence on the
7th of July 1672, and continue to the 7th of July 1674 and that
the pay of the same amounts vnto the summe of 4556/. 14s. OOd.,
which Wee take notice also is above 1000/. short of the
Estabhshment for that tyme, because the Musters have
lessned in proportion as the companys have growne lesse, and
been diminished ; Wee also finde by another Privy Seale the
allowance of Col. Stapleton at 700Z. a yeare, and to commence
from the 24th of June 1672, That there wilbe due vnto him on
the 24th Instant the summe of 2100/. and wee must needes
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 629
on this occasion acquaint your Majestic that the said Col.
Stapleton appeares vnto us in all Things committed vnto his
charge a man of good Conduct, Valor, and integrity, and very
deserving your Slajesties fauor and Encouragment ; and Wee
think it not onely of absolute necessity that the said Two
summes amounting to 6656/. 14s. Od. be immediatly paid to
the Agent Captain Gorges, but that a fund be setled for a
constant supply of the said Governor and Companies in the
future. Wee also think it convenient that your Majestie should
send over Recruits to compleat the said Companyes according
to the Establishment inasmuch as the security of that, and
the rest of the Leeward Islands seem deeply concerned in a
good Guard to be maintained by your Majestie in that place.
Wee further offer that it is convenient that a Seale for the
said Island be sent over to the said Governor for the better
authority of all his publique Proceedings, seeing the former
one is said to be lost. [Signed :] Anglesey, Ormonde, J
Bridgwater, Craven, Jo : Berkeley, H Coventry. June 18,
1675.
[The Lord Treasurer is ordered to see to the payment of
the present debt and the settlement of a fixed subsistence for
the Governor and companies, whereafter recruits will be sent
over.] [pp. 443-4.]
[1029.] Whitehall, 23 June :
Vpon reading the Petition of Francis Moryson, Thomas Virginia.
Ludwell and Robert Smith Employed as Agents from the Grand
Assembly of the Governor, CounciU, and Burghesses of the
Country of Virginia, in behalf of Themselues, and all others
the Planters, Inhabitants, and Proprietors of his Majesties
Colony or Plantation of Virginia, and the Territory of
Accomack, Setting forth at large the State of the said Colony,
and praying his Majestie to Incorporate the same by Letters
Patents with such other and further Priviledges and benefits
as are particularly mentioned in a Paper to the said Petition
annexed containing the Heads therof. [The matter is referred
630 ACTS OF THE PRIVY COUNCIL (COLONIAL). tl675.
Plantation
Trade.
Bermudas.
Tobacco.
to Sir Wm. Jones, the Attorney General, and Sir Francis
Winnington, the SoUcitor General, to consider thereof and
report their opinions to the Committee.] [p. 446. ]f 2.]
[C.S.P. IV. 603. I.]
[1030.] Whitehall, 23 Jime :
[Mr. Secretary Coventry is to speak with the Spanish
Minister here, and to write to the EngHsh Ambassador at
Madrid, in behaK of the owners of the ship Pilgrim. (Cf.
760.)] [p. 450. Tl 2.]
[1031.] Whitehall, 7 July :
Whereas it hath been made appear to the Boord, That
Timothy Brigs Notary Public did contrary to his Oath and
the Trust reposed in him attest under his Hand and Seal of
Office a false Copy of a Letter signed by his Majesty dated
the 24th of October 1673 to Sir John Heyden Knight Governor
of the Bermudas or Summer Islands in favour of Perient Trot
a Member of the Company of the said Slimmer Islands,
Omitting in the said Copy a materiall Clause which was
inserted in his Majestys said Letter vizt. (And the same be not
contrary to the Rules of the said Company.) And the Boord
being further informed. That the said Timothy Brigs doth
shelter himself from Justice within his Majestys Royal! Pallace
of Whitehall, [Lord Arlington the Lord Chamberlain is to cause
the said Briggs to be turned out of his Majestys said Palace,
to the end the Law may have its due course against him. And
[Sir Wilham Jones is to] exhibite an Information against the
said Timothy Briggs for attesting a false Copy of his Majestys
said Letter as aforesaid. And proceed thereupon according to
Law. [p. 461. If 2.]
[1032.] Ibid.
A Commission in the same forme with that of the Slst of
July 1673 to Giles Dunstar, Esquire, Surveyor Generall of his
Majesties Customes to destroy all Tobacco planted set or sowne
in and about Winchcomb and other Places in the Countys of
Gloucester and Worcester.
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 631
[A letter to the Duke of Monmouth, ordering him to assist
Dunstar with a troop of horse.] [p. 462. ^^ 1 arid 2.]
[1033.] Hampton Court, 14 July :
[The petition of the owners of the Virgin was read, setting Plantation
forth that since after all their endeavours, they] cannot obteyne
any other answer, then what is conteyned in a Dispatch sent
to the Havanna from Spayne, which having not the least
prospect towards Satisfaction of the Petitioners, as may appear
by the Reasons mentioned in the said Petition, they humbly
prayed. Letters of ReprizaU may be graunted. [Sir Henry
Coventry is instructed to put the matter before] Don Pedro
Ronquillos Envoye Extraordinary of the King of Spain
residing here. [p. 464. ^ 2.]
[C.S.P. IV. 626.]
[On 4 August the petitions of the owners of the Virgin and
of the Thomas and Mary for letters of reprisal, are ordered
to be heard at the first Council day after his Majesty's return
to Whitehall. Don Pedro de Ronquillo is to have notice,
that he may attend if he think fit.] [p. 486. If 2.]
[C.S.P. IV. 635.]
[1034.] Ibid.
[It was referred to the Lord Treasurer to do as he shall think Barbados,
fit upon examination of the] Petition of the Executors and
Administrators of the late Barbadoes Officers and Souldiers
deceased Shewing That the said Officers and Souldiers were
supplyed with monyes, releived in sickness, and those of them
that dyed, buryed at the charge of the Petitioners vpon credit
of Debentures assigned by them to the Petitioners which
Debentures being not as yet paid, some of the Petitioners
are for theyr debts cast into prison, others reduced to great
necessity, and like to be ruined without present releif
Wherefore Praying his Majesty That the Account may be
stated by Mr. Commissary Baynes, and that the Petitioners
may be paid what monyes shall appear to be due to them.
Sjp. 487. ][ 3.]
632 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1675.
[1035.] Whitehall, 17 September :
West Indies. . . Martyn Stamp Setting forth amongst other things That
Barbarous Murther of his Brother Timothy Stamp and divers
other Enghsh men by Capt. Phihp Fitz Gerrard who still con-
tinues the same. [The Attorney General is instructed to]
prepare the Draught of a Proclamation Setting forth the horid
Murthers of the said Phihp Fitz-Gerrard and of his departing
from his Majestys Allegiance requireing him to come in and
render himselfe within * or elce to sett the reward of
One Thousand Peeces of Eight on his Head unto any Person
that shall bring in the said Philip Fitz-Gerrard Dead or
Ahve, requireing all Oificers and others whom it may conoerne
to take notice thereof and to be Ayding and Assisting in the
Apprehending of him. [p. 503. ^ 2.]
[1036.] Ibid.
West Indies. Vpon reading this day at the Board aswell the Petition of
the Merchants and Traders of his Majestys most iiflourishing
Island of Jamaica and the Westerne Plantations, as the
Petition of Martyn Stamp Complayning of the IntoUerable
Injuries, unheard of Crueltyes, depredations and Murthers
Committed by the Spaniards upon his Majestys Subjects in
the West Indias. As also the Petition of Richard Boys Owner
of the Shipp Kent taken and carryed into Majorca, [all who
have received any damage by the Spaniards are ordered to]
Attend the Right Honorable Mr. Secretary Coventry with
their Complaints and Proofes at such time and Place as he
shall Appoint them Whereupon his Majesty will Order a day
on which some of the Lords shall meete Don Pedro de
Ronquillio the vSpanish Ambassador touching those Greivances.
[p. 505. H 1.]
[1037.] Whitehall, 22 September :
Barbados. Whereas it Appeareth to his Majesty in Councill by the
Deposition of Wilham Hamlin Transmitted hither by Sir
* Time left blank. In the proclamation, which appeared on 1st Oct, it is
given as six months.
1674-5.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 633
Jonathan Atkins Governor of Barbados, That Collonell Philip
Warener hath Murthered his Owne Brother who was in Com-
mission from his Majesty and some Indians who are in ffreind-
ship with the Enghsh These are therefore to Will and require
to take into your Custody the Body of the said Philip Warner
herewith sent unto you and him safely to keep uutill he shall
be delivered by due Coarse of Law, And for so doeing this
shall be your Warrant.
Directed to Our very good Lord the Earle of Northampton
Constable of the Tower of London or to his Deputy.
[p. 507. H L]
[1038. J Ship Passes.
[1.] Whitehall, 9 January, 1674 :
*[0n the petition of Wilham Bridges a protection is granted Barbados-
for the St. Jacob of Staden, freighted by him, to load in Dublin
and proceed thence to Barbados and Antigua, bond being given
to return to his Majesty's dominions.] \p. 161. T] 3.]
[2.] Whitehall, 6 February, 1674 :
[On the petitions of Isaac Foxcroft, master of the Carolus Virguiia.
Secundus, John Harloe master of the Charitas, and Jeroen
Jeroenson, master of the Liefde], Setting forth that pursueant
to his Majesties declaration for inviting the Subjects of the
Dutch to come into this Kingdome, They lately brought over
their FamiHes and Shipps and having a desire to saile their
said Shipps with Goods and Manufactures of his Majesties
dominions to Virginia with their owne outlandish men paying
all Dutys and observing aU Orders and directions required
by the said Declaration, [the Council grant their request for
free passports to sail to Virginia and for letters to the
Governor and to all commanders of his Majesty's ships of
war there quietly to permit them to proceed]. [p. 173. ]f 1.]
• On 19 Nov. 1673 an embargo was laid on all ships bound for the
Canaries, Barbados, the Western Islands and Plantations, [p. 133]. The
embargo was removed on 25 February 1674. [p. 182.]
634 ACTS OF THE PRIVY COUNCIL (COLONIAI.). [1674-5.
[3.] Whitehall, 25 February, 1674 :
Virginia. [On the petition, of Samuel Pensan of London mariner,
a pass is granted (on giving the usual security) for the ship
Unicorn of London to go to Virginia with 26 men, the petitioner
having already secured for the vessel a protection from the
Prince of Orange against molestation by Dutch ships.]
[p. 182. II 1.]
CHARLES II. VOL. XII. (1 Oct. 1675-27 Ap. 1677.)
[During this period the Bishop of London is added to the
Committee on 20 Oct. 1676.— (p. 357. ][ 5.)]
[1039.] Whitehall, 1 October :
Wheras Colonel PhiHp Warner late Deputy Governor of
Antego stands charged with the murther of his Brother Thomas
Warner an Indian, and the destruction of other Indians his
Majesties Friends in the Island of Dominico for which he
remayns at present a Prisoner in the Tower of London, and
his Majestie being WiUing to know where the Tryall of the
said Facts will properly lye, whither at Barbados within
the Government of Sir Jonathan Atkins Knight where the
Information was taken, and from whom It was Sent, or in
the Gouernment of Col. Stapleton Captain Generall of St.
Christophers, and the rest of the Leeward Islands by whom
the said Col. Warner alleages to have been imployed, [copies
of the commissions of the said Sir Jonathan Atkins and Col.
Stapleton are to be transmitted to the Attorney and Solicitor
General for examination and report]. [p. 4. 1[ 1.]
[C.S.P. V. 688.]
[1040.] Whitehall, 6 October :
Newfound- [The Ruth of Dartmouth, coming from Newfoundland without
the convoy, was captured by Sallee pirates, and recaptured by
Sir Richard Rooth. Order is given for proceedings against
the vessel in the Admiralty at Tangier, whither it had been
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 635
brought. In case of condemnation the money arising by the
sale of ship and goods is to be applied to the redemption of
the mariners, who had been carried into slavery.] [p. 9. ^ 1.]
[104L] WhitehaU, 15 October :
The petition of Georg Mac Cartney Esqr., Hugh Eccles and West indies.
George MacCartney, merchants, [for rehef in the case of the
Jame-i of Belfast impressed as a troop-ship at Antigua in
August 1666, is referred to the Lord High Treasurer for
examination and report]. [p. 19. ^ 1.]
[1042.] Whitehall, 22 October :
[Colonel Warner is to have a copy of the report of the west Indies.
Attorney and Sohcitor General this day presented touching
his trial,] that he may shew cause, if any he can, why his
Majestic should not proceede by a speciall Comission of Oyer
and Terminer for his Triall in Barbados accordingly.
[p. 21. H 1.]
[C.S.P. V. 699.]
[1043.] WhitehaU, 3 November :
Colonel Warner having . . . humbly represented his West indies
Reasons against his being tryed at St. Dominico (where the
ffact for which he is a Prisoner was supposed to be committed,)
and . . Praying to be heard thereupon, [Friday, 12th
November, is fixed for hearing the question whether that
island] was not part of his Majestys Dominions at the time
of issuing liis Majestys Commission to Sir Jonathan Atkins,
and whether he ought not to be tryed in that Place if it shall
appear his Crime was there committed. But as to the
Justification of his Inocence . . this Boord . . leaves
him to make out the same at the time and place of his
TryaU. [V- 28. H 2.]
[C.S.P. V. 705.]
[1044.] Whitehall, 19 November .
The humble petition of the Councili and Assembly of Barbados,
his Majestys Island of Barbados . . . with a paper
636 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1675.
conteyning severall Greivances and heavy Pressures they now
lye under, [is referred to the Committee to consider and
report]. [p. 39. ^f 4.]
[C.S.P. V. 714.]
[1045.] Whitehall, 19 November :
Virginia. [According to instructions of 23 June, the Committee,
after consideration of a report of 12 November from the
Attorney and Sohcitor General advise : — ]
That it will not only be for your Majestys Service, but
for the Encrease of the Trade and Growth of the Plantations
of Virginia, if your Majesty shalbe pleased to graunt
and confirme under your Great Scale of England unto
your Subjects of Virginia the Particulars following as
of your Majestys free Grace and Goodnes to them.
1. That your Majesty wiU enable the Governor Councill
and Comonalty of Virginia to purchase the Lands &c.
conte3Tied in the Graunt to the Earle of St. Alban, Lord
Culpeper and others, and as to that purpose only to be
made a Corporation, to purchase and reteyne the same
with a Non obstante to the Statute of Mortmaine.
2. That the Inhabitants your Majestys Subjects there
may have their imediate dependance upon the Crowne of
England under the Jurisdiction and Rule of such Governor
as your Majesty your Heires or Successors shaU appoint.
3. That the Governor for the time being shalbe resident
in the Country, Except your Majesty your Heires and
Successors shall at any time comand his Attendance in
England or elswhere in which case, a Deputy shalbe chosen
to continue during the Absence of such Governor in
manner as hath formerly been used, unlesse your Majesty
shall please to nominate the Deputy, who is to be one of
the Councill, But if any Governor happen to dye, then
another to be chosen as hath been formerly used, to
continue till your Majesty your Heires and Successors
shall appoint a New Governor.
1675.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 637
i. That no manner of Impositions or Taxes shalbe laid
or imposed upon the Inhabitants and Proprietors there,
but by the Common Consent of the Governor Councill
and Burgesses as hath been heretofore used, Provided,
That this Concession be no Barr to any Imposition that
may be laid by Act of ParHament here on the Comoditys
which come from that Country.
5. That your Majesty your Heires and Successors will
not for the future graunt any Lands in Virginia under
your Great Seale, without first being informed by the
Governor and Councill there for the time being, or some
Person by them empowred whether such Graunt will
not be prejudiciall to Plantations there.
6. That all Lands now possessed by the Planters or
Inhabitants may be confirmed and estabhshed to them,
Provided it alter not the Property of any particular Mans
Interest in any Lands there.
7. That for the Encouragement of such of your
Majestys Subjects as shall from time to time go to dwell
in the said Plantation, there shalbe assigned out of the
Lands (not already appropriated) to every Person so
coming thither to dwell fifty Acres, according as hath
been used and allowed since the first Plantation.
8. That all Lands possessed by any Subject inhabiting
in Virginia, which have escheated or shall escheat to
your Majesty may be enjoyed by such Inhabitant or
Possessor, He paying 2lbs. of Tobacco Composition for
every Acre, which is the rate in that behalf set by the
Governor authorized to do the same by your Majestys
Instructions.
9. That the Governor and Councill, or a certain
Quorum of them, may be empowred to try all Treasons,
Murthers, fielonys and other Misdemeanors, Provided
they proceed in such Tryalls as near as may be to the
Lawes of England ; The Governor to have power of
pardoning all Crimes, unles Murther and Treason, and in
Plantation
Trade.
Plantation
Trade.
638 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1675.
these if he see occasion to give Reprieve untill he shall
have laid the State of the ffact before your Majesty and
received your Royall Determination therein.
10. That the Power and Authority of the Grand
Assembly consisting of a Governor Councill and Burgesses
may be by your Majesty ratefyed and confirmed, Pro-
vided that your Majesty may at your Pleasure revoke
any Law made by them, and that no Law so revoked,
shall after such revocation, and intimation thereof from
hence be further used or observed. 19° Octob. 1675.
His Majesty having considered the said Report,
Mr. Attorny Generall or Mr. SoUicitor Generall is hereby
required to prepare a Bill for his Majestys Signature in order
to the passing of Letters Patents for the Graunt Settlement
and Confirmation of all things according to the Direction of the
said Report, but varying the Words and manner of Expression,
so as may be most sutable to the fformes of Law in such Cases
accustomed, and to the Petitioners Releif. [pp. 41-42.]
[C.S.P. IV. 697. II.]
[1046.] Whitehall, 24 November :
[The Council give orders for printing and pubKshing]
A Proclamation for prohibiting the Importation of Comoditys
of Europe into any of his Majestys Plantations in Africa,
Asia or America, which were not laden in England, and for
putting all other Lawes relating to the Trade of the Plantations
in effectuall execution. [p. 45.]
[C.S.P. V. 713.]
[1047.] Ibid.
Vpon Representation this day made to his Majesty in Coun-
cill by his Excellency the Lord Lieutenant of Ireland, That
he had received from the Lords Justices of that Kingdome
a Letter of the 21th of August last earnestly recomending the
Case of the Ship Unicorne William Amys Comander, which
coming from the Leeward Islands into England, was by violence
of a Hurricane utterly disabled, all the Masts Sayles and
Yards carried away, the upper Workes broken downe, and
1675.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 639
in that condition being driven to Virginia did there unlade,
and found Eighty Thousand Weight of Sugar quite lost, and
the rest of the Lading damnifyed ; That having in some
measure refitted, and put to Sea, they called at Bellfast in
Ireland, where after some Provision taken in, and purposing
to come for England as the Act requires, they discovered such
Disabihty in the ship, that without manifest danger of their
Lives, and the Losse of Ship and Loading, they dared not to put
forth to Sea, [and praying his Majesty] that some Considera-
tion might be had of the Extreamity of this particular Case,
and when the Partys concerned do pay honestly and fully
the same Duty, which they should have paid, had the Ship
been able to have arrived in England, And that thereupon
their Bonds may be discharged, His Majesty tho' very tender
in cases of this nature that may entrench upon the said Act,
Yet taking the Circumstances of this Case into his Princely
Compassion is pleased to Order, And it is hereby Ordered
accordingly. That the Lord Lieutenant do give strict Order
for enquiring into the true value of the Lading of the said
Ship, And that when Examinations to that effect be taken
upon Oath, and the value adjusted, which was payable here
in England, that then the Owners be commanded to cause
the said value to be paid into the hands of Richard Mountney
Esqr. Receiver of the Customes, [upon whose certificate to
the Lord Treasurer, the bonds entered into by the master or
owners are to be discharged], And in case any further direc-
tions are necessary for the accommodation of this matter,
the Lord Lieutenant is to conferr with the Lord Treasurer,
and to receive his Lordships Opinion and advice therein.
[p. 47. H 1.]
[1048.] Whitehall, 1 December :
[Upon the petition of Captain Edmond Cooke, setting forth Plantation
that on his return in September last, he gave a verbal account
to his Majesty of his attempts to get satisfaction in Spain
for the ships Virgin and Thomas and Mary, the Lord Chamber-
lain is to] give Order for preparing a Chaine of Gould
640 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1675.
and a Medall of the usuaU value in Mke Cases to be given to
the Petitioner as of his Majestys Royall Grace and Bounty
for his service aforesaid. [p- 53. ^ 3.]
[C.S.P. IV. 720.]
[1049.] Whitehall, 17 December :
Now York. [Captain Idle's petition for a hearing is referred for report
thereon to the Lords of the Admiralty.] [p. 69. Tj 1.]
[1050.] Whitehall, 22 December :
New [The Council approve, and give orders for a letter to be
amTMaine^ prepared for his Majestie's signature in accordance with,
the following report of the Committee :]
Wee have in pursuance of your Majestys Order in Councill
of the Thirteenth of January last past had Severall meetings
Examinations and Debates touching the pretentions of Mr.
Mason and Mr. .Gorges . . and they insist vpon many
Evidences for their Right, Insomuch that it was the humble
Advice of your Majestys late CounciU of Plantations, by their
Reports of the twelfth of August 1671. That your Majesty
should send over Commissioners in Order to settle the many
differences arising about Boundaries &c. But when Wee
seriously considered this Point of Sending Commissioners,
and how farr your Majestys Authority might bee therein also
concern'd. Wee thought it not soe Expedient (the Charge also
considered) to Imbarque your Majesty in a Matter of doubtfull
Consequence, nor doe Wee thinke it proper, (how faire soever
the Proofes of the Petitioners Titles and Sufferings appear)
to advise your Majesty to determine any thing Ex parte, and
without hearing what the Bostoners can say, who have not
had any Agents appearing for them to make answer in their
behalfe, Therefore what Wee humbly Propose to your
Majesty is. That, Vpon hearing of the Petitions of Mr. Mason
and Mr. Gorges read in Councell, your Majesty would Resolve
to send the Copyes thereof to the said People of Boston,
Letting them knowe. That you cannot dispence with the
doing of Justice, or bearing much Longer the Complaints of
1675-6.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 641
your Subjects, yet being Vnwilling to determine in a Matter
of soe much Weight without first hearing what they can say
why your Majesty should not give the Petitioners Releif.
Your Majesty thinkes fit to transmit Copyes of the said
Petitions and Complaints, that they may consider well the
Allegations thereof, and both instruct and send over in the
space of Moneths,* some Agents sufficiently Impowered
to answer for them, and to receive your Majestys Deter-
mination in this Matter depending for Judgment before you.
Whitehall, 20th December, 1675. [p. 77. tr i 1
[C.S.P. IV. 755.]
[1051.] Whitehall, 8 January:
[The Committee report, that since their last report s*- .
regarding St. Christopher] Wee have since been Considering '''^''°'*^
how to finde a way of redress for your Majesties Subjects the
Planters there, who are still out of their Estates ; and our
next care will be to propose what wee think expedient for the
standing defence of that Island, and therein of all other the
Leeward Islands, in Case of danger.
But, as to the Planters, Wee finde, that there were 299 who
Claymed their Estates, of whom onely 195 are in Possession,
and 139 have not Claymed as yet ; So that of 438 Persons
who appeare to have lost their Estates, there are 243 still
dispossessed. And the French do now enjoy on the EngHsh
part of the Island 4108 Acres of Land, whereof 2708 have
been duely Claymed, but in vain : As also a Tract of Land
from Savana to the Nags head on which are the Salt
panns ; Of which Tract, altho a full Moyety belongs to the
Sovereignty of your Majestie yet is the whole still deteyned
by them.
The Principal! Points of difference which have obstructed
the Execution of the Treaty of Breda, appear in the following
Heads, insisted on by either side.
* " Six Moneths ' ' in the Order itself.
41
642 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1676.
1. The English did Demand the Restitution of their
Plantations, paying onely back such Purchase Money
as they receivad, and substracting for Pejorations done
vpon them during that time.
2. For the want of their Estats from the time of my
Lord Willoughbies demand, pursuant to the Peace of
Breda.
3. The 39 Gunns taken out of the Enghsh Fort.
4. That the Negroes should be brought to make their
choyce, as was Agreed by the Articles of Breda.
On the part of the French, the Demands were.
1. That they should receive from the English who
would Redeem their Estats, the price mentioned in each
Contract.
2. To be also satisfyed for Meliorations.
3. For the Dyet of the Prisonera wbile they did not
work.
4. That the Negroes taken at Cayan should have a
ffree choice of their Masters.
The generall Setlement of that Island being obstructed by
these Contradictions, and the tydings thereof come to your
Majestic you were pleased to remitt the Examination of
the whole Matter, vnto the late Councill of Plantations, who
Wee finde, did, by their humble Addresse to your Majestic
of the 9th of June 1673 plainly state and sett forth, how vnjust
a part had been Acted by the French Ministers towards your
Majestic and your Subjects : As also other iU accidents that
hapned in the mannagement of that Affayre, So that they
Advised your Majestic for Peace sake, and in Order to a more
amicable and easy conclusion of so intangled a Business, to
quitt severall just and Considerable pretensions, as
1. AU Demand about the Negroes.
2. The 39 Peices of Cannon.
3. All Reparation for mean profitts, and wast
Committed during the three yeares time, from the ffirst
Demand of the Island.
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 643
And they onely Advised your Majestie to insist on.
1. The Repossession of the Enghsh on Repajnng the
Price which actually they received, and Allowance to be
made them for Pejorations.
2. That no demand of Mehorations be made by the
French, it being a thing perplexed and impracticable,
and not consonant to the Treaty at Breda.
3. And Lastly, that no advantage should be taken
against the English for the lapse of time, it being
occasioned by many delayes, and ill deahng on the
French side.
Vnto this effect did the Right Honourable the Earle of
Arlington, then Principall Secretary of State, by your Majesties
Command, present (as we are Informed) Monsieur Colbert
then Ambassador of France in this Court, with a Memoriall,
But that never any return was made, or could be obtained
therevnto, Insomuch that the Lord Arhngton when your
Majestie sent Sir WiUiam Lockart as your Ambassador into
France, did give him very earnest Instructions to revive all
the Demands relating to this Island. And we do accordingly
finde. That Sir WiUiam Lockart, pursuant therevnto, did, by
his Memoriall presented on, or before the A of May 1674
set forth many of the Obstructions which had so long been
given to Justice by the French Ministers in that Island.
1. In their refusing to Consider, or make satisfaction
for the profitts of Three yeares, and the spoyles Com-
mitted therein from the time of the Lord Willoughbys
demand.
2. In spending the yeare appointed for Restitution
and settlement (all but Two Moneths) in Cavills and
Protests &c.
3. In demanding Mehorations contrary to the Treaty,
or the King of France his Orders, when even such
Mehorations were offered to be taken back to themselves
if they appeared.
644 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
4. In requiring from the English to repay Money they
never had received, onely because it was mentioned in
the Contract.
For which Reasons he did earnestly pray.
First, that positive Orders might be given to Repossess
your Majestic in the same state of Sovereignty in that
Island which your Majestic had in the year 1665.
Secondly, That the Enghsh might have their Estates
on repayment onely of the price they actually received.
Thirdly, and that no notice might be taken of the
lapse of the yeare, inasmuch as it appeared by the many
things which were remitted to the Decision of the Two
Kings, by Sir Charles AVheeler, and Monsieur De Baas,
how Uttle the partyes on the place were ever able to
bring matters to accord.
Sir William Lockhart having presented this Memoriall,
writes home, how that he was the more generall in his ffirst
demand, in order to see by what steps they would Treat and
proceed with him in that Court. But adds, that notwith-
standing his frequent Instances for some fitt Answer, he could
have no other Answer then that they wanted time till the
Campagne was past, to enter into the Consideration of those
things.
And thus the whole Affayr hath remayned hitherto, without
Redresse, so that when we Consider the many Contradictions
which have attended this work formerly in St. Christophers ;
Next what have been the delays it hath since received in
France ; and lastly how very hard it will be to come ever to
any Conclusion, vnless the whole matter be Treated and
Mannaged here where many witnesses and authentick Papers
are to be found.
We humbly Propose to your Majestie that your present
Ambassador Extraordinary the Lord Berkeley, may sollicite
in the Court of France for Powers to the French Minister
resideing here to Treat and conclude this Affayre.
1676.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 645
And in order therevnto we have prepared the Heads of
a Memoriall which wee humbly offer as fit for this occasion.
And that the Lord Berkeley may represent in that Court to
the effect following.
Instruction to the Lord Berkeley at Paris touching
St. Christophers.
That there was presented to his most Christian Majestic a
Memoriall by your Majesties late Ambassador Sir WiUiam
Lockhart, Dated t% May 1674 setting forth in some measure
the wrongs and sufferings vnder which the Subjects
of your Majestic did groan, and by which even the
Sovereignty of your Majestie in the Island of St. Christophers
was ecHpsed.
That the Injuryes thus sustejoaed will more appeare by the
annexed Copy of the said Memoriall, vnto which, after many
repeated instances, no other then a verbaU answer could be
received from Monsieur Pompone, excusing the want of time,
and remitting this whole matter to the end of the Campagne.
That as the said Memorial! does state many of the Obstruc-
tions given to Justice by the Ministers of the said King in those
remote parts ; so as truly may it be affirmed that neither all
the hardships are there exprest, nor all the remedyes proposed
which are necessary to fullfiU the plain sence and meaning
of the Articles of Breda in favor of the Enghsh.
That your Majestie out of your naturall and Princely Com-
passion to your distressed Subjects, is become very sensible
of the delayes which have attended this Affayre, and will
presume that the inchnations of that King to pubhck Justice,
and to your Majestie would not allow of such Obstructions,
if any certain Method were proposed for verification of the
things Complayned of.
That seeing many Authentick Papers in the Transaction of
this Affaire, and many Persons and Witnesses are now in
England ; so that the Determination cannot be made either
so easy, or so practicable in any other place. Therefore to
pray as a demonstration of that Kings good will to see this
646 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1676.
Business f airely ended, That he Impower his Minister Resideing
at London, to receive the proofs of what is to be Alleaged in
this behalfe, And to Conclude and Agree vpon such a Regu-
lation, as may by the Authority of his most Christian Majestie
be made binding in St. Christophers.
That so the Rights of either party being setled, their Estates
and Freindships may be also mutually Improved.
Whitehall, 23th December 1675.
[The report is approved, and Mr. Secretary Coventry is
ordered to require Lord Berkeley to present a memorial to
the effect proposed.] [pp. 88-91.]
[C.S.P. IV. 774.]
[1052.] Whitehall, 8 January :
St. [Upon representation made by the Committee touching
Christopher, g^ Christopher, the Lord Treasurer reports :— ] That not-
withstanding the many difficultyes he had mett withall for
the procurement of Money ; yet in Obedience to the Order
of this Board of the 18th of June last past, appointing
6656?. 14t<t. Od. to be payd vnto ColoneU Stapleton and the
Two Companyes, which was the pay of Two yeares, his Lord-
ship had now got ready haKe that summe, which should be
furnished in Tenn or Twelve dayes that the Ships would
be ready to depart. His Lordship also Declared that he
would furnish the residue of that Order between our Lady
day and Midsummer next. And to Establish a setled Fund
for the support of that Island in the future, and that the
Companyes might be made complet, His Lordship did propose
to make the Duty of the 4^ per Cent to beare not onely the
Charge of that Island, but of the rest, Yet because the
Farmers of the said Duty pretended to various Defalcations,
and many difficultyes appeared in the setlement of their
Accounts, he would very speedily call them before him, and
then humbly pray his Majesties presence in order to a more
solemne determination of the same. [p. 91. ^ 1.]
[C.S.P. IV. 775.]
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 647
[1053.] Whitehall, 8 January:
[Upon readiag] a Petition from the Sugar Merchants West Indies,
belonging to his Majesties Plantations, Setting forth, That
one Andrew Orgill had Invented a way of casting Iron Cases
whereby the Outsides of the Rowlers of those Engines which
squeeze the Sugar Canes, may be so cased in, that it was of
very great advantage and saving to them, and the Charge
inconsiderable. That his Majesties subjects were hereby
enabled to sell Cheaper, and in a fayre way of spoyling the
Sugar Trade belonging to other Nations, who wanted the
help of this Invention ; That great endeavours are therefore
used by strangers to draw out of the Kingdome some of the
said Cases, which are not elsewhere to be procured then from
his Majesties Subjects ; And that on Wednesday last there
were by one Thomas Hunt Twelve of the said Iron Cases
shipt on Board the Prosperous, Thomas Evans Master bound
for Rouen to goe to the French Plantations ; And the
Petitioners humbly praying his Majestie not onely the said
12 Iron Cases ready to depart should be stop't, But that
prohibition be given for the future, that neither from
England, nor from any of the Forreigne Plantations the said
Cases or any of them be permitted to goe to any other
Nation, [His Majesty orders the Lord Treasurer to give the
most effectual orders accordingly.] [p. 91. ^ 2.]
[1054.] Whitehall, 14 January :
. . . Sir Alexander Bence Knight Complayning, that Kantetion
Don Domingo GriUo of Madrid having prevayled with the
Petitioner to Hire Two Enghsh Ships for him to fetch from
the English Plantations the Negroes he bought of the Royall
Company, The said GriUo never returned the said Ships, So
that the Petitioner was forced to pay the Owners for the said
Ships above 8000Z. for which he can receive no satisfaction,
[Mr. Secretary Coventry is ordered to write effectually to
his Majesty's ambassador in the Court of Spain to demand
speedy justice to be done the petitioner]. [p. 96. T| 3.]
648 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
Plantation
Trade.
Plantation
Trade.
[1055.] Whitehall, 14 January :
[Captain Edmond Cooke petitioning that] severall Mer-
chants Subjects of the Realme of England Commiserating his
low Condition, have purchased a Flemish Built Ship called
the Merchants Consent, Burthen about 300 Tunns, with intent
to Trade under the Conduct and Navigation of the Petitioner
in Case his Majestic wiU be graciously pleased to make her
Free. His Majestie in Councill Considering the Petitioners
Condition, and what he has suffered by the seizeing of his
Ship at the Havana [fully grants the petition].
[p. 97. II 2.]
[1056.J Whitehall, 19 January :
[The Council approve, and give orders in accordance with,
the following report of the commissioners of appeals in cases
of reprisals : — With regard to the petition of 6 November
1674, c/, 1012,] the whole ffact is as foUoweth.
Your Majesties Hired Ship the Thomas and Francis Capt.
George Gallop Commander, being at Jamaica, a Proposal! was
made to jojme to her assistance a certain Privateer called the
Flying Horse vnder Command of Capt. Otway, and according
to Articles of Agreement, they both sayled towards Curasaw,
and there intercepted a Dutch VesseU called the Susaima one
Lynch Commander comming from Guinny, and having on
Board her 544 Negroes, found aU of them above the Gun-
Deck ; The Prize being brought to Jamaica, the Court of
Admiralty there proceed to Sentence, and Award to the Vnder-
takers that sett forth the said Privateer, all their share according
to the Agreement ; as also a share to the Lord High Admirall,
and to the Officers of the said Court, and severall other Charges
relateing to this Business, so that the Number of 300 Slaves
were absolutely disposed of in that place.
And although there were a Distribution of some Negroes
to Capt. Gallop, and some Money advanced vnto most of the
Officers, and Seamen, yet no Sentence did there formally
pass as to the residue of the Negroes, being 244, in favor of
the said Captain, Officers, and Seamen, but they were sold by
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 649
the then Governor Sir Thomas Ljmch, to severall Persons in
that Island, and the determination as touching their Right was
reserved to your Majestie.
And your Majestie having, when the said Captain and Sea-
men came home, and made their Apphcations, Referred the
Decision thereof to the Court of Admiralty here, the Judge
gave Sentence in favor of the Captors according to the said
Act of Parliament Decreeing all the Negroes vnto them.
From which Sentence, your Majesties Advocate having brought
an Appeale before vs, wee did Consult your Majesties Learned
Councell, touching the validity of the said Act of Parhament
And they gave vs their Opinions, that although there might
be no such thing in the Intention of the Law-Makers, yet the
words of the Act were very strong and binding in favor of the
Captors Wherevpon wee conceived that wee had nothing
before vs, but to take Care that what had been Judicially done
in Jamaica might not be overthrowne by the Proceedings
here. And therefore finding that the Judgment there had
not been pleaded in barr of the Proceedings of your Majesties
Court of Admiralty here ; And that the Sentence which was
here given seemed to be generaU, and to extend to a dis-
position of all the Negroes taken in the said Ship ; Wee
therefore did Reverse so much of it as related to the said
300 Negroes which had been disposed of before. And thought
it both just, and for your Majesties service, to leave all the
proceedings of that Island in their fuU force and Vahdity ;
And the rather, because no Regular Appeale had been brought
or entred against those Proceedings. But wee have Con-
firmed the other part of the Sentence given here, as to the
Disposition of the 244 Negroes, which, according to the
Custome of the Sea, are, by Our Judgment, to be divided
between the said Capt. Gallop, his Officers, and Seamen,
who were either then actually in his own Ship, or by way of
conveniency spared at that time into the Privateer, but stiU
in your Majesties pay. Yet for such part or portion of the
said Booty as was given, and hath been akeady received as
650 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
aforesaid, either by the said Captain, as Commander of your
Majesties Ship, or by the said Seamen, a Deduction is to be
made, according to a true and proportionable Account to be
made thereof.
Wee presume further to Informe your Majestie That vpon
the Arrivall of the Lord Vaughan as your Governor in Jamaica,
wee finde, that he did Demand from Sir Thomas Lynch his
Predecessor the Account of the said 244 Negroes, and all
the Effects received for such of them as were payd for, as also
the Bonds and Contracts for those which were not. And
his Lordship did send a Duphcate of the said Account vnto
your Lord High Treasurer, and Charged himseKe therewith
(a Copy of which Account is herevnto annexed) And forasmuch
as Wee have had very many hearings, and no Mtle trouble in
the sethng and adjusting of this Affayre, and are now willing
that it may turn, the most advantageously that can be, to the
Captain and Mariners Account ; Wee humbly Offer to your
Majestie That by your speciall Command, the Lords Com-
missioners of Prizes may write vnto the Lord Vaughan your
Majesties Governor in Jamaica, to call in, and recover with
aU possible speed, the Debts which yet stand out on this
Account, and that as fast as they come to hand he Remitt
them hither vnto Richard Mountney Esqr Receiver Generall
of Prizes, and that what he hath in ready Money according
to the said Account be presently returned by Bills to the
said Mr. Mountney.
That so the said Lords may see this whole Distribution
made among the Captain Officers and Seamen according to
Right. [p. 99. ^ 3.]
[1057.] Whitehall, 26 January :
Hudson's Vpon reading the Petition of the Governor and Company of
Bay. Adventurers Trading into Hudsons Bay, Complayning of some ill
practices of Charles AlbaneU a Jesuit, De Grosiher a Frenchman,
and Radison an Itahan, [Mr. Secretary Coventry is directed
to] give a Memoriall to Monsieur Rovigny . . desiring
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 651
him to write to the King his Master, that he would be pleased
to give such Orders as he shall think fitt to hinder the Jesuit,
and the Two Persons aforesaid from Vndertaking anything
that may be prejudiciall to the Trade or Interest of the afore-
said Company. And that his most Christian Majestie would
be pleased also to write to the Governor of the French Colony
at Canida, Commanding him to prevent (as much as in him
lyes) any Enterprize or Attempt that may be made against
the said Company of Hudsons Bay and their Commerce with
the Neighbouring places. Ordering also the said Governor
to maynteyne a good Correspondence between the said Com-
panys Factors resideing in Hudsons Bay, and the French
Inhabitants in Canida. [p. 108. ^ 2.]
[1058.] Whitehall, 11 February:
Vpon the Memoriall of the Ambassador Extraordinary of New
the States Generall of the Vnited Provinces, representing that
Captain Jurian Arenson Comander of the Shipp fflying Horse
of Curassao, having receiued a Commission from the Gouernor
of that Island made himself e master of the Forts of Penatscop,
and St. John belonging to the French Situated vpon the
Riuer of Pountegolt in the North of America in New France,
and having left part of his men there for the defence of the
said Places, and to Trade with the Inhabitants thereabouts,
the Enghsh of Boston did by force of Armes attack the men
left in Garrison in the said Places, made them Prisoners, and
razed the Fortifications, vpon no other Consideration but
because they would not suffer any Hollanders there, praying
his Majestie to cause Exemplary punishment to be inflicted
vpon the offenders, and to Send requisite Orders for the speedy
setting at hberty the Prisoners, and restitution of the said
Forts with satisfaction for Damages. [Mr. Secretary WilUam-
son is directed to prepare a letter to be sent to the magistrates
of Boston, with a copy of the petition, requiring their answer
thereto.] That so his Majestie vnderstanding the Nature of
the Fact may give such order as is agreeable to Justice therein.
[p. 119- H 3.]
[C.S.P. IV. 817.]
652 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
Surinam
and
Jamaica.
Plantation
Trade.
[1059.] Whitehall, 11 February :
. . Aron de Silua and Isaac Peiriera in behalf of themselues,
and diverse other Jewes, Inhabitants within his Majesties
late Colony of Surinam, Setting forth that the Petitioners
and about 10, other Jewes formerly setled themselues in Plan-
tations in Surinam, and became his Majesties Subjects, being
made free Denizons by Letters Patents vnder the Great Scale.
That in the 5th Article of the late Peace with Holland, It is
expressly agreed that the States Generall shall suffer all his
Majesties Subjects to dispose their Plantations in Surynam,
and transport themselues with their Servants and effects into
any other of his Majesties Plantations That Mr. Cranfield in
the presence of the Dutch Gouernor of Surinam promised to
take the Petitioners into his care equaU with the other of
his Majesties Subjects, wherevpon they disposed of their
Plantations and Shipt 250 of their Negros, But when they would
have departed with the rest of their servants, the said
Gouernor stopt them and absolutely refused to let them go,
as in the said Petition is more at larg exprest. [A copy of
the petition is to be dehvered to Mr. Secretary Williamson
who is to speak with the Dutch Ambassador concerning the
same, and to direct Sir WiUiam Temple at the Hague] to
complain therof to the States Generall, and to obtein their
Orders for the discharge of the Petitioners and their Servants,
that they may be at hberty to go to Jamaica, where they are
to be receiued by the Gouernor with the same Measure of fauor
which others of his Majesties Subjects have had, in pursuance
of his Majesties Instructions formerly given in that behaffe.
And a Copy of Mr. Cranfields Protest is also to be annexed
to the said Petition. [p. 120. ^f 2.]
[CS.P. IV. 818.]
[1060.] Whitehall, 18 February :
Upon the Petition of the Merchants and Owners of the Ship
Virgin . . . praying to have a Copie of the Report of
Sir Leolyne Jenkins, Kt., Judge of the high Court of
Admiralty made on the Examination of their hard Case about
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 653
Four Moneths since, and that a day may be appointed for
their hearing at the Boord. It is this day Ordered by his
Majesty in Councill that a Copie of the said Report be forth-
with dehuered unto the Petitioners as they desire.
[p. 125. ^ l.J
[1061.] Whitehall, 23 February :
[On the petition of the Jews in Surinam it is ordered] that Surinam
. . and
the Petitioners shaU have liberty to transport themselues with Jamaica
their Goods and Servants vnto Jamaica in any forrein built
Shipp or Shipps which they can procure for that purpose,
And vpon their arrivall . . Lord Vauhan . . shaU
receiue them with equaU fauor, as if they had arrived in
Enghsh built Shipps, and deliuer to Them such servants of
theirs as were carried thither by Mr. Cranfield, And also
shall set them out such Proportions of Land as hath by his
Majesties Instructions formerly given, been directed in that
behaKe. [p. 128. ^ 2.]
[C.S.P. IV. 825.]
[1062.] Ibid.
John Moore late Owner of the Yacht Prudence Setting forth Montserrat.
that in June 1674, he sailed from Barbados to Antego, and
from thence to Monserat to vnlade, where he was deteined
by the Gouernors warrant for some tyme on falce suggestions,
and pretences, and a guard of Soldiers were sent on board the
Vessell, which was stoln and carried away while he made
apphcation for redresse to the Gouernor, who dwelt some
Miles distant from the Port, and that the Gouernor would not
let him go out of the Island in tyme to enquire after his
Vessell, Wherfore praying to be releiued, [a copy of the petition
is ordered to be dehvered to Edward Stapleton Esqr, the said
Governor, who is to return his answer to the same with all
convenient speed]. [P- 129. ^1.]
[C.S.P. IV. p. 826.]
[On 3 March Colonel Stapleton's answer is read, and
declared satisfactory.] iV- 135- ^1 6.]
[C.S.P. IV. 831.J
654 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
[1063.] Whitehall, 23 February :
Barbados. Letter to Sir Jonathan Atkins. Wheras It hath bin
represented to his Majestie in Councill by the Petition of
Francis Standish that One John Luntley in July last was inticed
on board a Ship comanded by Captain Bolton carryed to Bar-
bados, and there sold to one Col. ThomhiU. That the said
Luntleys mother is Since dead, and hath left him a Competent
Estate Wherfore praying his Majestie to Order Col. Thornhill
to'^receiue back the Price he paid, and to permit the said
Luntley to returne home. His Majesty in Councill having
Consideration of the Services performed by the said John
Luntleys Father, and much disapproving the maimer of his
Conveyance to that place, as in the Petition is set forth, is
pleased to comand Vs to transmit vnto you a Copie therof,
that if vpon examination of aU Parties you finde the alle-
gations therof to be true, that then you perswade Col. Thorn-
hiU to discharg this his Servant, vpon receipt of what he
paid for him, with such reasonable allowance for other charges
as you shall Judg convenient, that so the said John Limtley
may return home, according to the desire of his Friends.
[p. 129. t 3.]
[CS.P. IV. 827.]
[1064.] Whitehall, 26 February :
West Indies. Wheras his Majestie hath thought fit to Order in Council!
that Col. PhiUp Warner late Deputy Gouernor of Antego
should be transported in the Phenix Frigat vnto Barbados there
to be tried by a Commission of Oyer and Terminer issued to
that effect for the Killing and destroying of certain Indians
on the Island of Dominica ; And his Majestie being graciously
pleased to cause the said Commission to be directed as well
vnto certayn Persons Inhabitants of the Leeward Islands, as
to others of Barbados that so aU justice and indifferency
might appear on the said Tryall. [Mr. Secretary Coventry is
directed to] prepare a letter for his Majesties RoyaU Signature
directing Sir Jonathan Atkins Gouernor of Barbados to allow
Three Moneths tyme from the arivall and dehuery of the said
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 655
Col. Warner into his Care for the coming vp of the said Com-
missioners from the Leeward Islands, and that he does not
proceede sooner on the said Commission vnlesse some Number
of the said Commissioners shall sooner appear, In which case
the Commission is then forthwith to be proceeded in, And his
Majesties said letter together with the body of the said Col.
Warner, is to be dehuered into the hands of the said Sir
Jonathan Atkins by the Comander of his Majesties said Shipp
the Phenix. [p. 131. ^ 3.]
[C.S.P. IV. 828. I.]
[1065.] Whitehall, 1 March :
[On the representation of the Royal African Company that slave
in spite of the proclamation of 30 November, 1674] there are
severaU Ships that have arrived at Barbados from those parts
of Africa with Negroes and other Goods, and severall others
are now on the said Coast, All which are set out by private
Traders, And the Petitioners Agents seizing about Eighty
Negroes part of 150 Negros so imported into Barbados in the
Ship Providence, the same were violently taken away from
them, and they, and those who assisted them beaten and
wounded. Whereof the Petitioners Agents complayning to
the Governor, had no other Redresse, but that the Persons,
whom they proved to be the Assaulters and who had thus
violently forced the said Negros from them, were bound in
recognizance of ffourty pounds, with Two Suretys in Twenty
pounds apeice to appear at the next Sessions, and in the
mean time to keep the Peace, as doth more fuUy appear by
the Narrative thereunto annexed. And therefore humbly prayed
His Majesty would be graciously pleased to apply some effeotuaU
Remedy for the Damages akeady susteyned, and preventing
this growing EviU for the future. His Majesty justly resenting
the aforesaid Contempts of his Proclamation, The Observation
whereof was effectuaUy recommended to the Governors of
his Majestys severaU Plantations by Letters from this Boord
of the 2d of December 1674 And considering how much
such Proceedings tend to the discouragement and Hindrance
656 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
of the Trade in those parts, And that it wilbe impossible for
the Petitioners to support and mainteyne their fforts and
ffactorys, if the abovesaid Practises be not absolutely and
speedily prevented was pleased to Order, [that one of his
principal Secretaries of State prepare a letter to be sent with
copies of this petition and narrative to the Governor of
Barbados] strictly requiring him inviolably to observe and
mainteyne the Priviledges graunted the Petitioners by his
Majestys Royall Charter. [p. 132.]
[C.S.P. IV. 830.]
[1066.] Whitehall, 3 March:
West Indies. [Edward Sanders of London representing that in accordance
with the order of 11 June last,] Mr. Secretary Coventry
hath by Three severall MemoriaUs represented his Majestys
Pleasure to ^lonsieur Ruvigny but can obteyne no Satisfaction,
And therefore Praying That his Majestys Ambassador at
ffrance may be directed to get from Monsieur Colbert a Letter
of Cachet to the said Grovernor of Tortugos to pay the full
value of the Petitioners Groods, ^Tiich said Letter was once
promised by Monsieur Colberts Son to Monsieur Ruvigny but
never sent [i\Ir. Secretary Coventry is ordered to recommend
the petitioner's case to his Majesty's Ambassador in Prance,
desiring him to endeavour to procure from Monsieur Colbert
the said letter, and likewise to renew his instances to the
said Monsieur de Ruvigny to continue his good offices in getting
the said letter]. [p. 134. 1| 2.]
[1067.] WhitehaU, 8 March :
New York. [It is referred to Sir Wm. Jones, the Attorney General, to
consider and report on the petition of WiUiam Idle for the
office for the Registering Sales and Pawns to Brokers (void
by the death of WiUiam Barker) to be granted to him in
consideration of his services in retaking his ship from the
Dutch, and the great expense he hath been at in attending
to receive his Majesty's gracious bounty intended him for
that service.] [p, 139. ^ 3.]
1676.] ACTS OP THE PRIVY COXMCIL (COLONIAL). 657
[1068.] WhitehaU, 10 March :
Whereas His Majesty hath been informed in Councill, That Plantation
contrary to the Laws of this Kingdome and his expresse
Comands for strict Obedience thereunto, there have been lately
brought into Jersey a Ship* laden with Tobacco from New
England, Which Contempt His Majesty being resolved shall
not passe unpunished, Hath thought fit, And accordingly It is
hereby Ordered by his Majesty in Councill, That the Com-
missioners of his Customes do imediately send over into the
said Island such one of their Officers as they shall thinke
most fit for the Service, to take an exact Accompt of the
Cargo of the said Ship, and prevent the Embezelment thereof,
and with all speed to bring both the said Ship and Lading
into this Kingdome, And that they take care for the speedy
proceeding against her according to Law.
[A letter follows directing the Governor of Jersey to secure
the vessel as forfeited to his Majesty, till the Commissioners
of the Customs arrange for its removal to England, and to
deal in the same way with any other vessels endeavouring so
to trade.]
[On 20 March the general instruction is repeated in a letter
to the Lord Hatton, Governor of Guernsey.]. [pp. 15&-60]
[C.S.P. IV. 840.]
[1069.] Whitehall, 22 March :
[Captain Nicholas Thoumes of Guernsey setting forth, Newfound-
that in 1675 he and others of the island laded the ship
Charles of Guernsey with fish at Newfoundland for Alicante,
where the officers of the customs, on pretence that vessel, cargo
and crew were French, exacted a duty of lOl. per cent, on
the fish, amounting to 300L, contrary to the Anglo-Spanish
commercial treaty of h May 1667, Mr. Secretary
Coventry is ordered to write to his Majesty's Ambassador at
Madrid to demand restitution of the money, and to desire
* The Speedwell of New England, Philip English, Master.
658 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
the Spanish Ambassador here resident to write into Spain
to support the demand and to endeavour to prevent further
hke impositions on his Majesty's subjects.] [p. 161. ^ 2.]
[1070.] WhitehaU, 22 March :
Committee . . . Sir Robert Southwell knight . . . Setting
Plantations, forth, That he hath since February 1674 attended with all
diligence the Lords of the Committee of Trade and Plantations,
and hath expended severall Summes necessary to the said
Service, And being now constrejTied to withdraw from the
said Service for the Recovery of his Health, And one other
of his Brethren being ready to serve his Majesty in the said
Station, He most humbly prayed his Majesty would approve
the same, and also referr it to the Lords of the said Com-
mittee to consider the Petitioners said Service and Expences,
and to make Report in the same, as also what may be proper
for the future Support and Encouragement of the said Ser-
vice, His Majesty was pleased to dispence with the Petitioners
present Attendance in consideration of his Health, And taking
particular notice of his extraordinary paines and Diligence
in attending the said Comittee, and in putting the many
Papers depending before their Lordships into very good
method, which were in some disorder when delivered up by
the late CounciU of Plantations, was graciously pleased to
Order [the Committee to decide on a proportionable reward
for him, and on a fitting encouragement for future holders of
the office, and to report.] [p. 162. Tj 1.]
[1071.] Whitehall, 28 March :
Passes for [The Council give orders for printing and pubhshing] A
Proclamation concerning Passes for Ships.] [p. 176. ^ 1.]
[1072.] Whitehall, 31 March :
Plantation A letter to the BayUfif and Jurats of Jersey : — [In furtherance
of the order of March 10th, we] will and require you to give
all due Assistance and furtherance jn seizing and deUvering
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 659
the Possession of the said VesseU and her Lading to the Persons
authorized by the Commissioners of his Majestys Customes
to take Care thereof, And hkewise to be ayding and assisting
to the utmost of your Power as there shalbe occasion, in
searching after, and securing such Goods and other ffurniture
of the said Ship as have been embezelled, or otherwise dis-
posed of. And Wee are hkewise by his Majestys Comand
further to will and require you from time to time, to seize and
secure all other Ships, which shall hereafter trade into the
said Island from any of his Majestys American Plantations,
contrary to the aforesaid Acts of Trade and NaA^gation.
[p. 178. If 2.]
[1073.] WhitehaU, 19 April :
Severall Heads for Enquiryes to bee made bj the Com- Newfound-
land.
mander in Cheif of his Majesties Ships now going for New-found
Land being this day Reported from the Committee . . and
approved, [it is referred to the Admiralty to instruct the
Commander in Chief accordingly] : —
To informe himself as particularly as hee can concerning
the Trade of the French there, In what way they Manage
their Fishery, if by Boats from Europe yearly as Our Merchant-
men doe, or by Planters vpon the Island, and what Number
of Ships they send yearly.
The Number of Fishing Boats they imploy, and what Men
in them.
The Quantity of the Fish they take, and the Value of it
according to the Market price, at what Rates they vsually
sell, if Cheaper then the Enghsh, and how much cheaper.
Whither they come sooner or later vpon the Fishing Places
then the Enghsh, and whether they depart Earher or later,
or come sooner to the Markets.
Likewise concerning the Encrease of their Trade there,
whether more or less then the last year, and some former
yeares, and in what proportion, and if soe, to what that
Growth of this their Trade in Fish may bee attributed.
660 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
To Enquire Whether any other Nations besides English and
French come to fish there on pretence of being EngUsh, and
vpon Jealousy ; to Enquire into their Passes and Sea Briefs,
and by what meanes they obtained them.
To Enquire also what Trade there is betwixt New England
and New-found Land, and Whether they doe furnish them
with any Brandy or Wyne, or other European Commodityes.
Likewise Whether the New England Men bring not Brandy
and Wyne from the Madera's, and Rum from home to debauch
the Fishers, who (as is represented) doe thereby run greatly
in debt, and are forc't to seU themselves to the Planters in
New-found Land for the payment of their Debts.
Whether they of New England Exercise any Fishing Trade,
either upon their owne, or the New-found Land Coast, and
how they prosper in it.
To Enquire into the Number of the EngUsh Planters, and
of their Manner of living, and whether they Observe the Rule
of the Charter not to Live within six miles of the shoare.
Likewise Whether they make any destruction of the Woods
to the preiudice and decay of the Fishing Trade, and whither
they doe any Mischief to the Adventurers by Comitting any
Spoyle vpon the MateriaUs which they Leave behinde.
Whether to prevent the Adventurers from the Western Ports
of England, they doe not seize on the best Fishing places, and
maliciously destroy others to obstruct the Adventurers.
Whether it bee true as hath been Represented, That the
Boat Keepers that stay behinde, destroy the stages, by
which meanes the Adventurers are forc't to goe two moneths
sooner to Repaire and set them up.
Whether those Boat Keepers have any Supplyes of Provisions,
and Cloathes, and Tackle, and other Necessaryes for Fishing
from New England or from Ireland, or France, and if they
have, what quantityes from Each
1676.] AC1*S OF THE PRIVY COUNCIL (COLONIAL) 661
To take an Account of the Number of Ships and Boats
employed by the English Adventurers, and what Numbers
of Men, and the Value and Quantity of the Fish they catch.
In hke Manner, What Number of Boats and Men the
Inhabitants employ, and what Fish they take, and whether
they can afford to sell it at cheaper Rates then those that
goe from hence can doe, and how much cheaper.
To Enquire, Whether Men carryed from hence to fish, are
not Encouraged by the Masters of the ships to stay behinde
to save their Passage back, and what Numbers stay behinde
every year, particularly last year.
In Generall, To make such Enquiryes and Observations
concerning this Fishing Trade, and particularly that of
the French, as, being upon the Place, hee shall fiiide
Oportunity and thinke VsefuU, and to give an Account
of every particular to this Committee. [p. 185. ^ 2.]
[C.S.P. IV. 891.]
[1074.J Whitehall, 19 April:
[The Virginia Agents report an unaccountable delay in Virginia,
passing the bill in confirmation of several privileges desired by
them on behalf of the colony, declaring] That they had long since
sent a Copy of the Order of Councell into Virginia for Passing
the said Bill, beheving it to bee for his Majestys Service, that
the mindes of his Subiects there should (as speedily as might
bee) be setled, and they thereby the more Encouraged to
defend the Country against the present Invasion of the
Indians, since by that his Majestys Royall Grant they were
secured of their iust Property in what they fought for. And
Praying his Majesty would bee Graciously pleased to direct
the Lord Chancellor to passe the said Grant under the Great
Seale. Vpon full debate of the whole Matter, [his Majesty
grants the petition]. [P- 187. H !•]
[C.S.P. IV. 893.]
[On 31 May this Order is annulled.] [p. 243. Tj 1.]
[C.S.P. IV. 935.]
662 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
[1075.] WhitehaU, 21 April:
Plantation [It ia referred to the Judge of the Admiralty, or in his
absence to his Surrogate Dr. Richard Lloyd to hear and deter-
mine the petition of] Lieutenant Edward Odway and others,
for themselves and the rest of the Inferior Officers and
Seamen belonging to his Majestys Hyred Ship Thomas and
Francis, Capt. George Gallop late Comander Complaining
That the said Capt. Gallop refuses to account for seaventy
Negroes, which hee converted to his owne vse, and was more
then the Captains share. That the Petitioners are treating
to sell their Right of Two hundred forty four Negroes, or
mony which they were sold for, which Amounts to four
Thousand Eight hundred and one pound, but the Captain
pretending to a share in this summ, the persons treating will
not purchase till the difference be decided. Praying Releif
therein. [p. 189. If 2.]
[1076.] Ibid.
[Regarding the Order of 18 June 1675, for payment of
arrears due to Colonel Stapleton, and to the two companies of
foot in St. Christopher,] And Whereas Lieutenant Greatbach
One of the Officers of the said Companyes, who Sohcited these
Payments fell sick iust as the money was in readines to bee
paid, and being lately dead, the Lord Treasurer has not
knowne vnto whome the said Money should bee regularly paid,
But his Lordship representing this day to his Majesty in
Councell, That the Privy Seale which was past (pursuant to
the said Order for payment of the Companyes) on the 29th
of February last, and the Privy Seale for the Governors
Sallary, which past on the 23th of September 1672 makes the
money payable to Colonel Stapleton or his Assignes, and that
there has been presented vnto him by Colonel Edmond
Stapleton Deputy Governor of Montserat, and Brother to the
said Colonel WiUiam Stapleton, a Letter of Attorney dated
in Nevis the 14th of June 1675. Empowring him, and Cap-
tain Ferdinand© Gorges, or either of them, to demand and
West Indies,
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 663
receive all summs of mony Arreares and Dues whatsoever,
and to give receipt for the same, which seemes to relate per-
sonaUy to the Affayres of the said Colonel, and the Tenor of
the said Letter of Attorney being in very generall Termes, can
at best but Justify the payment of what is due vnto himself;
and therefore his Lordship (being desirous to give dispatch
vnto this Service) did humbly pray his Majestys directions
herein . . . It is hereby Ordered accordingly, That
the Lord High Treasurer doe pay vnto the said Edmond
Stapleton and Ferdinand Gorges, or to either of them, [the
salary and pay of Colonel Stapleton, but not the pay of the
two companies, until they give sufficient security for] paying
over such money vnto the said Two Companys, and Care is
also to bee taken that the Executors of the said Lieutenant
Greatbach bee satisfyed thereout such proportion of Pay as
by the Muster Rolls last sent over appeares to have been
due vnto him. [p. 196.]
[C.S.P. IV. 89.5J
[1077.] WhitehaU, 28 April :
Whereas the Merchants of London, BristoU, Plymouth, Tobacco.
etc., importing of Tobacco, Sugar, etc., from Virginia and other
Plantations, Did by their Petition this day read at the Board
humbly represent and complayne of the new Farmers of the
Customes &c of Ireland, Demanding and receiving one penny
per pound for all Tobacco imported into Ireland from England
more then was formerly paid, [the said Farmers are ordered
to have a copy of the petition, and to appear before the Board
on Wednesday, 10 May, when the matter will be settled.]
[p. 202. H 3.]
[1078.] Ibid.
[The Council approve the Attorney General's draft of a Plantation
Commission for the Governors of Plantations to take the
oath directed by the Acts of Navigation and Trade, and
order the form of the oath to be drafted by him and inserted
in the Commission for approval by the Council], [p. 203. ^ 4.]
[C.S.P. IV. 905.]
664 ACTS OF THE PRIVY COUNCIL (COLONIAL). Ll676.
Newfound ■
land.
Plantation
Trade.
[1079.] Whitehall, 28 April :
[The petition of Joseph Sawyer, Master of the Ship Leonard
and John to have her made a free ship, to protect him in his
intended voyage for Newfoundland, is referred to the Lord
High Treasurer, either to settle, or to report.]
[p. 204. Tl 2.]
[1080.] Whitehall, 3 May :
The forme of the Oath to be taken by the respective
Governours of his Majesties Plantations, as followeth,
You shall swear that you will to the best of your skill
and power so long as you shall continue Govemour of
this Plantation well and truly execute and performe all
Matters and things which by the Statuts made in the
12th and 15th yeares of his now Majesties Reigne, you
are required (as Governour of this Plantation) to be sworne
to the performance of. So help you God.
Being this day presented, and read at the Board, the same
was approved, and the persons who administer the said Oath
are to make Certificate thereof. [p. 207. If 1.]
[C.S.P. IV. 914 & 915.]
[1081.] Ibid.
Committee [The Committee report] Wee have, in obedience to your
Plantations. Majestyes Order of the 22th of March, entred into consideration
of the management of your Majesties Business vnder the
care of the Committee of Trade and Forrain Plantations, and
find that, hitherto, that Service and the Charges of it have
layen solely vpon Sir Robert Southwell, and that now Sir
Philip Lloyd is wiUing to succeed therein. But wee think it
convenient that the rest of the Clerks of the Councill may have
Liberty to declare whether they desire to take their turns
in that Service. And Wee propose that each Clerk, who will
serve therein doe attend for the space of Six moneths and not
less. And, for the Reward of such attendance, that your
Majestie do allow a Sallary of 400i. a yeare among those
who shall soe attend. And because wee have foimd Mr.
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 666
Blathwayt to have spent some time in this service in assistance
to Sir Robert Southwell, Wee propose him as a very fit person
to continue always as an Assistant to the Clerks of the Council]
in this your Majesties Service, and that he be allowed the
Sallary of 150?. per annum. Alsoe that there be Two Clerks
at the Sallary of 501. a yeare vnto each. And for such casual
Charges as doe necessarily attend this Business, that the same
be satisfyed, according as any Bills shall be brought in and
attested by the Lords of the Committee. And that Sir
Robert Southwell be satisfyed, for the time past, according
to the method which is here proposed.
24th Aprill, 1676.
His Majesty vpon hearing the said Report, and a farther
Representation from the same Lords of the very great care
and pains which was required from those who attended this
Service, was graciously pleased to approve the same, [and it
was thereupon ordered, that the Lord Treasurer do accordingly
present his Majesty with a warrant for his royal signature in
order to pass a Privy Seal for payment of what is already due
to Sir Robert Southwell and what shall grow due for the
future]. And it is further Ordered that some fit place be hired
in Scotland yard, vntill the Right Honourable the Lord
Chamberlain shall provide a more convenient Roome for the
keeping of the Books, Papers and other things which doe
relate vnto this his Majestyes Service. [p. 209. ^ 2.]
[1082.] Whitehall, 5 May :
. ffrancis Tyrwhitt Gentleman Setting forth, That Barbados,
the Petitioner being Imployed by the late Francis Lord
Willoughby Governour of Barbados, as Deputy Treasurer and
Cheife Searcher of the Customes there. Did by his Lord-
shipps Order take up great quantitys of Goods, Stores of
Provision and Ammunition amounting to 672,484Z65. of Mus-
covado Sugar, That before his Lordshipps going to reduce
St. Christophers by the Account which his Lordshipp caused
to be made up, his Lordshipp was Indebted to the Petitioner
666 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
Tobacco.
Plantation
Trade.
above 850,000Z65. of Muscovado Sugar, for repayment whereof
his Lordshipp gave the Petitioner power to receive the whole
Revenue of the said Customes, That the Lord Ranalagh and
the Lord Brereton haveing Maryed the Two Daughters and
Coheires of the said Francis I^ord WiUoughby have (without
taking Letters of Administration of their ffathers Estate)
obtayned a Graunt from his Majesty of 8,400?. sterUng, which
was found upon the Account of the Lord WiUiam WiUoughby
to have been disbursed out of the Estate of the said ffrancis
Lord WiUoughby in his Majesties Service And praying that
the said Lord Ranalaugh and Lord Brereton may be Ordered
to pay him the said Debt of 672,484Z65. of Moscovado Sugar,
or to assigne over to him so much of the said 8,400?. sterMng
as will satisfye the said Debt, [a true copy of the petition
is to be deUvered to the said Lord Ranelagh and Lord
Brereton, who are to give in their answer thereunto to this
Board on Wednesday the 24th instant]. [p. 215. T[ 1.]
[On 21 June, Tyrwhitt complaining that no answer has
been made, a copy of this new petition is to be sent to the
two Lords, to which they are to hasten their answer.]
[p. 265. 11 3.]
[1083.] WhitehaU, 12 May :
[The difference as to the proper duty on American tobacco
imported from England to Ireland having been fuUy heard,]
forasmuch as this question doth arise upon Acts of ParUament
made in Ireland, and will always receive its direction in that
Kingdome, . . . the said Complaint .... is
hereby dismist this Board, and the said Farmers left to the
Enjoyment of what in Right belongs unto them.
[p. 229. Tl L]
[1084.] WhitehaU, 31 May :
[Upon information with regard to the tobacco imported
into Jersey from New England in the ketch Speedwell, that]
the said Ketch being sayled some few houres before the arrivaU
of the said Order [of 10 March], Sir Herbert Lunsford Deputy
Govemour of the said Island tooke a Recognizance of One
1676.] ACTS or THE PRIVY COUNCIL (COLONIAL). 667
Hundred pounds of the said Philip English, Master of the said
Ketch, PhiUp Boutilher of the Parish of Trinity, and John
Payne of the Parish of GrouviUe in the Island of Jersey, for
payment of his Majesties Dutyes for such Goods as should
be found Due within Twelve Moneths after the Date of the
ObUgation; [it is ordered that the Lord High Treasurer]
do give directions to demand the Tobacco to be brought to
England in order to the payment of his Majesties Dutyes,
and that if the Tobacco be not in being, the said PhiUp
English, Phihp Boutilher, and John Payne, or one of them
do make an Entry of the said Tobacco in the Port of
Southampton, and pay his Majestyes Dutyes for the same.
{p. 246. If 1.]
[1085.] Whitehall, 14 June :
[Notwithstanding the repeated prohibitions, great quantities Tobacco.
of tobacco have been planted in and about Winchcombe in
Gloucestershire, in other parts of that county, in Worcester-
shire, and in the other adjacent counties. As it is now the
season for gathering the same, a commission for its destruction
is sent in the usual terms to Charles Osborn, Esqr, Surveyor
General of his Majesty's Customs. The Duke of Monmouth
is required to send a troop of horse in aid.] [p. 256.]
A Comission in usuall forme to Richard Taylor Gent
Wayter and Searcher at Yorke to destroy all Tobacco planted
in the Coimtys of Yorke, Lincolne, Nottingham and Places
adjacent, [is issued on 5 July]. [p. 280. ^ 3.]
[1086.] WhitehaU, 12 July :
[The Council refer to the Committee for consideration and Jamaica,
report the] Petition of Thomas Martyn of London Esqr and
Leonard Compeare Citizen of London, but now residing in
the Island of Jamaica Compla3nQing, that they are not only
discouraged and obstructed by the Governor of Jamaica, in
the Execution of the Office (graunted to them by his Majestys
Letters Patents under the Great Seal of England) of Receiver
of all Dutys and Impositions payable to his Majesty within
668 ACTS OF THE PRIVY COUNCIL (COLONIAL). tl676.
Newfound-
land.
Virginia.
the said Island, But such things are imposed on them by
Instructions from the said Governor as its impossible for
them to undergo, without being great Loosers by the said
Employment And therefore Praying His Majesty would be
pleased to enterpose his Royall Power, That the Petitioners
may receive the Benefit of his gracious Graunt unto them.
[p. 286. U 1.]
[1087.] Whitehall, 12 July :
[The Committee report that, having been desired] to settle
some Rules for graunting of Passes to Ships that were gone
to Newfoundland before the Date of the late Rules, or where
a Ship was surveyed by the Custome Officers, and then
imediately proceeded on her Voyage, Leaving her Passe
to be solhcited after her Departure, Their Ijordships referred
the same to the Commissioners of his Majestys Customes,
And that the said Commissioners have made Report, that
they do not thinke any generaU Rules can be made in relation
to those two Cases, That their Lordships upon consideration
of the Matter thinke fit, that particular Examinations should
be made in each Case, And that for the more speedy Dispatch
thereof. Their Lordships have directed the said Commissioners
of the Customes, upon Application for any such Passes, to
examine the Case, and make Report to their Lordships. Where-
upon It was this day Ordered by his Majesty in Councill That
the said Method in the said Two Cases be for the future
pursued. [The Committee, if they find them satisfactory,]
Are to transmit the said Reports to the Ijords of the Admiralty,
for their Lordships to graunt Passes upon accordingly ; The
Owners giving Security not to make use of such Passes, for
any other then those Ships, for which such Passes are graunted
respectively. [p. 287. Tf 1.]
[C.S.P. IV. 986. I.]
[1088.] WhitehaU, 19 July :
[An estimate, dated 14 June, and presented by Sir Thomas
Chicheley, Master of the Ordnance, of the charge of the gun-
powder, arms, small shot, hand grenades and other neces-
saries to be provided and sent to Virginia, amounting with
1676.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 669
the charge of transportation, and other incident charges to
2497Z. 65. 8d., is approved, and the Lord High Treasurer is
ordered to pay the said sum to George Wharton Esqr., Treasurer
of the Ordnance, to be employed by him in the maimer
stated.] [p. 291. ]f 2.]
[C.S.P. IV. 992.]
[On 21 July a letter is accordingly sent to the Master
of the Ordnance for the transportation of the stores to
Virginia.] [p. 294. ^ 1.]
[C.S.P. IV. 997.]
[1089.] Whitehall, 21 July :
Sir WilMam Jones knight his Majestys Attorny Generall Jamaica,
[is ordered to] prepare for his Majestys Royall Signature, a
Commission of Oyer and Terminer pursuant to the Statutes
27° & 28° H: 8"" to be passed under the Great Seale of
England directed to [the Governor of Jamaica and the rest
of the territories thereupon depending, and to such other
persons within that island as the Lord Chancellor shall
think fit] for the Tryall of John Dean a Pirate, and of all
other Pirates, which shalbe apprehended and brought into
the said Island. [p. 294. ^ 3.]
[1090.] Whitehall, 28 July :
[Captain Gallop and the seamen of the Thomas and Francis Plantation
. Trade.
to be heard on 2 August about their share of the negroes on
the Susanna, the seamen complaining of the great delays
made by the captain.] [p. 296. T| 4.]
[1091.] Ibid.
[A letter to Lord Vaughan Governor of Jamaica. The Jamaica.
Committee having represented]. That having taken into con-
sideration your Lordships Proceedings in the case of John Deane
who was lately tryed and condemned for Piracy by your
Lordship as Vice-Admirall of Jamaica, And having received
the Opinion of the Judge of his Majestys High Court of
Admiralty, as to the Legahty of it, and what hath been the
Virginia.
670 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
Practise here in like cases, both before the Statutes of the
27th and 28th of Henry the 8th and since, Their Lordships
do find. That the said Tryall of the said Deane is not war-
ranted by the Laws of this Kingdome, It not appearing by
any Instances out of the Records in the Admiralty Court,
before the making of the said Statutes, that Pirates were de
facto tryed by the Civil! Law, though it is supposed they were
so tryed And since the said Statutes, neither the Lord High
Admirall, nor his Lieutenant or Commissary ever tryed
Pirates, but by Comission of Oyer and Terminer under the
Great Seal of England directed to them and other Justices
[Dean's execution must therefore be stopped, and a new trial
held under the commission of Oyer and Terminer now sent,
and so in aU future cases]. [p. 297. ^ 1.]
[1092.] Whitehall, 4 August :
[In a hst of ships captured by French privateers, occurs
The Little Dogger, John Filer master, who on her return from
Virginia was plundered of 1000 lbs. of tobacco, and then
dismissed] with this Insolent Expression : Goe and tell your
King of it. [p. 318. 11 1.]
[1093.] Whitehall, 11 August :
Surinam. [The Council approve the following report of the Com-
mittee to which the case had been referred by an order
of 28 July.] That Rowland Simpson, your Majesty's naturall
borne subiect, and a Planter in Surinam, being resolved to
leave that Place, according to the fifth Article of the last
Treaty with the Dutch, Did in the year 1674 sell his Plantation
there, and having noe other way to returne with his Wife and
Family into England, but by way of Holland, doth, in
October 1674 ship on Board the Golden Lyon of Sordam,
Burgh Jacobs Master Three hundred and nine Hogsheads of
Sugar, making in Weight Two hundred twenty one Thousand
pounds, being the Product of his owne Plantation, and all
vpon his owne accompt and Risque to bee Transported tp
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 671
Amsterdam, That this Ship was in her Voyage neer SciUy,
met by a French Privateer, CaUed the Golden Fleece, Bernard
Le Moine Comander, and by him carryed on the fifth of Decem-
ber 1674 into Milford Haven, where continuing for some
time, the said Sympson by a Warrant out of your Majesties
High Court of Admiralty did send downe and arrest his Three
hundred and nine Hogsheads of Sugar, soe that vpon the
26th of January following the said ship was, by Virtue of the
said Warrant, in Custody of the Officers of the Admiralty
and others. But the said Le Moine finds meanes to Violate
the said Arrest, making Prisoners of the said Officers, And on
the 31th of the same Moneth, carried away the said Ship,
. . into France, Vpon which Fact throughly proved in the
High Court of Admiralty with many Circumstances of Aggrava-
tion, Your Majesty was Graciously Pleased to recommend the
Petitioner to the Lord Lockhart, your late Ambassador in
France, who made some Progres towards his Releif, but that
his death dissapointed all Success, Whereupon the two Per-
sons who were sent over to sohcite in this Matter, were faine
to return without Effecting any thing, but bringing Complaints
that several! of their most Material! Papers being delivered
into the Office of Monsieur Colbert, were still deteined, and
could not bee had.
On the 29th of June 1675 The said Simpson Presented
his Petition to Monsieur Rovigny then the Minister of France
in this Court . . but receiving noe answer herein, hee did
about six Moneths after in December 1675 move the Judge of
the High Comt of Admiralty for an Edict against Le Moine,
and all those concerned, in Order to a Legall Process, which
Edict was accordingly granted, And the said Judge did, by
Letter, acquaint the French Minister thereof, but hee regarded
it not. In pursuance to which the Petitioner hath proceeded
according to Law, to make out authentically allthinges relating
either to the Violation of the said Arrest in Contempt of your
Majestys Authority, or to his ATidoubted Property in the said
Sugars, [damages and costs amounting to 6206Z. Is. 8d.] Vpon
672 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
which Case, having consideration that the Petitioner did sell
his Estate for Sugar, which for prevention of its Waste and
Decay, hee was necessitated to hasten home sooner then any
Transportation could bee Expected from England, and there-
fore finding noe other Convenience but of a Dutch Bottom,
which hee made vse of, not for Trade, but for the necessity
of his Return, and considering also, That the Petitioner did
most iustly obtein the Seizure of his Goods, being in your
Majestys Dominion, which is consonant to the Lawes of France
as well as of England, and that it is an Offence even against
your Majesty to have these Goods by violence carryed away,
when they were within the Protection of your Majestys
Justice as well as of your Ports. Wee Knowe not what to
Oppose to the Petitioners Prayer for Letters of Marque, seeing
hee hath run all the Methods of Ordinary Justice for his
Redress, But because the Resolving vpon Letters of Marque
comes to bee a Point of State, as well as of Justice Wee
humbly Submit the determination thereof to your
Majesty.
[It is ordered that] Mr. Secretary Coventry doe effectually
represent this Case to Monsieur Courtin the French Ambassador
here, and earnestly insist vpon the speedy satisfaction and
Reparation for the Losses and Damages susteined by the
Petitioner and that hee likewise Expostulate with the said
Ambassador why Letters of Marque should not be granted
to the Petitioner pursuant to the Treaty between both
Crownes. [pp. 341 & 342.]
[1094.] Whitehall, 20 September :
Virginia. [The Council approve the following commissions, etc., and
direct Mr. Secretary Coventry to prepare the necessary
documents for His Majesty's signature] : — [I.] A Pardon for
the Governor and Assembly at Virginia. ; [II.] A Draught of
the Commission to the Governor for Pardoning Offenders ;
[HI.] A Commission for Sir Henry Chicheley to be Lievtenant
Governor of Virginia ; [IV.] A Commission for Major Thomas
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 673
ffairfax to be Deputy to Sir Henry Chichley ; [V.] A Com-
mission for Sir John Berry ffrancis Morison and Thomas
ffairfax to enquire into Greivances in Virginia ; [VL] A Procla-
mation about Nathaniel Bacon the younger raising Rebellion
in Virginia. [VII.] Instructions to Sir WiUiam Berkeley;
[VIII.] A Draught of Additionall Instructions; [IX.] A
Draught of Instructions to Sir John Berry CoU. Morison and
Capt. Fairfax ; [X.] Instructions to Sir Henry Chichley
and Major Fairfax ; [XI.] A Letter to the Governor and
Councell of Virginia about their Pardoning NathanieU Bacon ;
[XII.] As alsoe a letter to his Royall Highnesse, Sir WiUiam
Berkeley Governor of Virginia and the Lord Baltimore.
[p. 346. H 1.]
[C.S.P. IV. 1036.]
[1095.] WhitehaU 20 September :
[Order is given for the Lord Chancellor to affix the Great Virginia.
Seal to] certain Commissions and a Pardon relating to his
Majesties Colony of Virginia, namely a Commission giving
leave and lycence to Sir WiUiam Berkeley Knight to retire
and absent himself from his Gouernment of Virginia, appoint-
ing Herbert Jeffry Esqr during such absence, to Execute
the Office of Gouernor, and Captain GeneraU there. Also
appointing Captain Robert Walter, and the said Jeffries to
Execute Marshall Law.
A Commission Constituting and appointing Sir John Berry
Knight, Francis Moryson, and Herbert Jei?rey Esqres or any
Two of Them to enquire into and Report to his Majestie the
Grievances of his Majesties Subjects in Virginia,
A Commission Constituting and appointing Herbert Jeffry
Esqr Lieutenant Gouernor of his Majesties Plantation of
Virginia, during the absence and retirement of Sir William
Berkeley Knight now Gouernor there
A Commission authorizing and appointing Sir WiUiam
Berkeley Knight Gouernor of Virginia to pardon aU Treasons,
43
674 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676,
Felonies, and offences relating to the present Warre there, to
all Persons guilty or to be guilty of the same. Except to
Nathaniel Bacon.
A Commission giving Licence and Leaue to the Gouernor
of Virginia in his absence to appoint a deputy, as also
declaring, his Majesties RoyaU Intention for the better setUng
and managing of that plantation.
A Pardon vnto the Gouernor and assembly of Virginia for
consenting to the passing of SeueraU Acts by the violent com-
pulsion of Nathaniell Bacon, and his CompHces, And for
granting Commissions to the said Bacon, to comand Forces
there. [p. 351. ^ 1.]
[C.S.P. IV. 1052.]
[1096.] Whitehall, 20 September :
Virginia. [The Council approving an additional estimate of
2238Z. 25. Od. for] Ordnance, Morter pieces, with their Car-
riages, Equipage, Amunition, and other Stores, and Pro-
■visions of Warr as BuUets, Powder, Match, Shot, Granados,
and other Necessaryes [to be sent to Virginia besides the
stores ordered on 21 July, the Master of the Ordnance is
directed to see to their provision, transportation, and delivery.]
[p. 353. If 1.]
[C.S.P. IV. 1048.]
[On the 25th, the Council approve additional estimates
for munitions to be sent to Virginia, and give orders to the
Ordnance for their provision and transportation, vizt.,
839L Is. 8^. for] Drumms, Halberds, Partisans, Swjne Fethers
etc., [and 3816?. 13s. 4:d. for] Gunners Stores, and Provisions
of War, for Four Men of War vpon this Expedition to
Virginia vizt. The Bristol!, Dartmouth, Rose, and Deptford
Ketch, and for Two fireshipps to attend Them if there be
occasion. [p. 361. ^ 1.]
[C.S.P. IV. 1080.]
[1097.] WhitehaU, 25 October :
Virginia. It is this day Ordered . . . That in the Proclamation
about the Rebellion in Virginia, The Reward to be giuen for
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 675
taking of Nathaniel Bacon shaU be Three hundred Pounds
sterhng to be paid in money by the Lieutenant Gouernor, and
the other alterations thought fit to be made in the said
Proclamation, were read, and approved at the Boord.
[p. 359. II 3.]
[C.S.P. IV. 1081.]
[1098.] Whitehall, 3 November :
Whereas His Majesty was pleased the 30th of September Virginia.
last to Order an Embargo to be laid on all Ships bound for
Virginia and Maryland, And being now informed, that severall
Masters of Ships freighted for that Voyage, to evade the said
Order, Do designe to make New Entrys in the Custome House
for the Barbados or other his Majestys Plantations, His Majesty
for the prevention thereof Hath thought fit to Order, That the
said Embargo be continued on all Ships bound to Virginia
and Maryland or either of the said Places, [Intimation hereof
is to be made by the Admiralty to the Commissioners of the
Customs], who are forthwith to give Directions to the
Officers of his Majestys Customes, or the Cheif Magistrates
of the Ports, who have taken Bonds of the said Masters of
Ships before the said Embargo of the 30th of September last
for their direct sayhng to Virginia or Maryland, That they
forbear to dehver up the said Bonds, or permit such Ships
to go out of Port untill further Order, Notwithstanding the
Masters pretensions of new entring their Ships for the Bar-
bados, or any other his Majestys Plantations*.
[p. 365. ^ 2.]
[C.S.P. IV. 1107.]
[1099.] Whitehall, 8 November :
[The Council refer to the Lord High Treasurer for examina- ga^^jados
tion and report the petition of] Capt. James Barret, Setting
forth his Services and Sufferings for his Majesty both at
home and abroad, for which he never troubled his Majesty for
any Pension or Donation, but subsisted since his Reducement
* The embargo was removed on 6 December on the petitions of several
London merchants trading to Virginia and Maryland.
[p. 393 H ] : C.S.P. IV. 1173.1
676 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1676.
from being Captain of Dragoners in his Highness Prince Ruperts
Regiment on account of Religion upon what little he had
left, which is now all spent, and himself in great Distresse, and
in danger of being arrested, And forasmuch as there is due
unto him 21 6Z. for Arrears of Pay for his Service in Barbados,
He humbly prayed his Majestys Order to the Lord High
Treasurer, to enquire into the said Arrear, and if the same
shall appear to be due to direct the payment thereof out of
the Revenue of 4 and J per Cent at the Barbados, or by
such other waies as shalbe thought fit. . . .
[p. 369. If 4.]
[1100.] Whitehall, 8 November :
Barbados. [The Council approve, and give direction for the preparation
of a letter in accordance with, the following report of the
Committee on a petition from the Assembly of Barbados
referred to them on 24 Nov. 1675] with a Paper thereunto
annext conteyning severall Greivances and heavy Pressures,
which they complayn they now lye under . .
Wee have considered and examined the said Petition and
annext Paper of Greivances, and do find that the same doth
consist of Three Heads.
1. The first of a Complaint of the great Charge
Trouble and Damage which they susteyne by the ffarmers
of your Majestys Revenue of ffour and an half per Cent
upon Sugars &c and pi'etending to weigh all their Cask.
2. That the Royall African Company hath not sent
sufficient Supplys of Negros to the Island, and that they
have sold those that they did send at dearer Rates then
formerly (when there was an open Trade) the Islanders
did pay.
3. And Thirdly, that which they call a Greivance are
the Acts for Trade and Navigation, from the Observation
of which, they would be dispenced with, and have Liberty
granted them to carry their Comoditys directly to ffor-
rain parts, without having the same first brought to
England.
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 677
As to the first Head concerning the ffarmers Weighing their
Caske of Sugars Wee have heard Colonel Thornbury the Agent
employed by the Island, and hkewise the ffarmers upon it,
And as on the one hand it has been demonstrated to Us, that
it is very inconvenient chargeable and a Losse to the Planters,
So did the ffarmers on the other hand make it appear, that
your Majestys Revenue is lyable to suffer very much by the
Abuses that are often practised in making use of bigger Caske
then the Gage, or ramming in the Sugars, so that they make
an ordinary Caske conteyne much a greater waight then the
Casks are allowed to conteyne. So that by the Incon-
veniencys on the one side and on the other, it were to be
Avished that some Expedient might be found to ease the
Planters without Losse to your Majestys Revenue And in
order thereunto some Overtures were made by the ffarmers.
But Wee being informed that the Right Honourable the Lord
High Treasurer is about new setting to ffarme your Majestys
said Revenue of ffour and an haK per Cent, Wee are humbly
of Opinion, That this point may most fitly and best be so
setled by his Lordship upon his letting of the said New ffarme,
between the Planter and the fiarmer to the satisfaction of
both Partys.
As to the Second Head of the Want of sufficient Supply of
Negros from the RoyaU African Company Wee did send to
the Sub Governor and Deputy Governor of that Company for
an account of that matter, who accordingly attended Us and
gave Us Satisfaction therein ; the said Colonel Thornbury
Agent for the Island of Barbados Hkewise attending and bemg
present, who thereupon did not insist further upon that Head,
but agreed that the Island had been well supplyed for this
Twelve Moneths past, and that when there was an Inter-
ruption, it was occasioned by the stop of Trade in the late
Dutch Warr.
But that which is the main matter of this Paper of
Greivances is the Third Head for a Dispensation of the Acts
of Navigation and Trade, Wee need not lay before your
678 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
Majesty of what evill Consequence it is, that any of your
Subjects should presume to petition your Majesty against
Acts of Parliament (which are the Laws they must Mve under)
and call them Greivances, And Acts upon which the whole
fframe of the Trade and Navigation of this Kingdome doth
turne, and indeed would be destroyed by such a Dispensation,
which neverthelesse, if it were in any wise to be borne with
or granted, as surely it is not being of that weight. Wee humbly
conceive it only fit to be done by your Majesty in Parhament,
the whole Nation being concerned in it.
But upon this occasion give us Leave to observe to
your Majesty that Wee humbly conceive, that your
Subjects of the Plantations would hardly presume to
make any Addresse of this kind to your Majesty, were
they not connived at therein by your Majestys Governors,
And this Wee find to be the Ground of this particular
Case, ffor by an account which Wee received from Sir
Jonathan Atkins (being an Answer to some Enquirys of
Ours sent him concerning the state and condition of that Island)
Wee finde him if not the Prompter, yet the Consenter with
the Inhabitants of the Island for suspending the Acts of
Navigation and Trade, and that he doth labour with more
Arguments for it then the Inhabitants themselves in their
said Paper of Greivances, when on the contrary it was the
Duty of your Majestys Governor to have supprest any such
Addresse from the Inhabitants, Wee are therefore humbly of
Opinion, that it is very necessary for your Majestys Service,
that Sir Jonathan Atkins should by Letter from your Majesty
be severely reprehended for his Error and Mistake, and by
his concurrence encouraging the People therein. And that for
the future he should endeavour to suppresse any such notions
which tend not only to the ruine of the Trade of this King-
dome, but in the end would be the ruine of the Trade of that
Island also.
There is another Observation or Two which Wee have
made upon the above mentioned Account from Sir Jonathan
Atkins of the i? of July last, which have some Relation to
1676.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 679
the first and second Heads of the Paper of Greivances of the
CounciU and Assembly of Barbados, And in the first Place
the said CounciU and Assembly in their Paper of Greivances
in the first Head (where they desire Redresse about the
weighing of their Caske) say that there was never any Duty
more chearfully paid, then that of the ffour and half per Cent,
and never so much as mention any thing that they thinke it
a Burthen, Yet Sir Jonathan Atkins in the Close of his said
Account doth desire, that for their Encouragement they
might be eased for some time of that Duty, which themselves
never so much as touch upon in their Paper of Greivances, but
on the contrary proffer to pay it with all cheerfulnes. Another
thing which Wee observe in the said Account of the ^ of
14
July last, is that Sir Jonathan Atkins continues that Com-
plaint against the want of Supply of Negros from the Royall
African Company, though Colonel Thornbury the said Agent
for the Island, confesses that they have been very well sup-
plyed for above Twelve Moneths which is a considerable time
before the Date of that Account. Wee humbly conceive that
both these points may hkewise very fitly be taken notice of
in your Majestys Letter to Sir Jonathan Atkins, who
should endeavour to hinder Complaints, and not promote
them, and more especially where the Ground of them was
removed, as in this of the Negros. He hkcAvise in his said
Account makes a large Complaint of the desperate Condition
of all your Majestys Plantations, and that the}"- lye under
great Discouragements without naming those Discouragements
which (if there be any thing that truly is a Discouragement)
he ought to have mentioned. But setting these Particulars
aside (which indeed deserves your Majestys Reprehension) to aU
of the Heads of Our Inquirys he hath given Us a very good
Answer, and doth deserve Comendation for it.
Nov. 7th, 1676. [PP- 499-500.]*
[C.S.P. IV. 1125.]
* On p. 370, at the end of the entries for 8 Nov, is a blank space, and a
margmal note : " Order to the Committee of Trade to prepare a schooling
letter to Sir Jonathan Atkins, Governor of the Barbados. Vide entred at
the beginning of March next.''
680 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
[1101.] Whitehall, 10 November :
Virginia. [An estimate of Mil. Is. 8d. for] Powder, Armes, Ban-
daliers, Match, small Shot, Partizans, Drums, Candles, and
Lanthornes, [for Virginia having been approved, the Master
of the Ordnance is instructed to provide for the transportation
of these stores]. [p. 373. T| 2.]
[CS.P. IV. 1124.]
[The Ordnance Estimates for Virginia from 14 June to
8 Nov. amount to 11,178^. 3s. 6d. : a tally has aheady been
struck for 2497L 6s. 8d. according to the estimate of 14 Jtme :
it is now ordered that the Lord High Treasurer cause the
remaining 8680Z. 16s. lOd. to be paid to the Master of the
Ordnance.] [p. 373. If 3.]
Royal
African
Company.
[1102.] Whitehall, 22 November:
[The Council refer to the Committee for examination and
report the petition of the Royal African Company, showing]
That Edwin Steed their Agent residing in Barbados having
in pursuance of his Majestys Charter granted to them seized
a Vessell called the Anne of Barbados and her Lading of
Negros imported thither contrary to the said Charter and
the Priviledges thereby granted to the Petitioners, One James
Vaughan, Bernard Schencknigh and Arthur Middleton Mer-
chants without regard to his Majestys Proclamation have
lately brought an Action against the Petitioners Agent in the
Barbados grounded upon the Statute of Monopohes for
the recovering of Treble Damages against him for seizing the
said Vessell and Lading, Which being contrary to Law as
the Petitioners are informed, They most humbly prayed his
Majesty would be pleased to issue out his Royall Comands
to the Cheif Governor of the said Island of Barbados for the
securing the Petitioners and their Agents in the quiet Enjoy-
ment of aU those Imunitys and Priviledges granted to them
by his Majesty and that no such vexatious Actions may be
brought and encouraged there against the Petitioners and
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 681
their Agents contrary to Law, and in contempt of his
Majestys said Charter. ^p 379 m 2 i
[C.S.P. IV. 1149.]
[On the 24th, the Council adopt the proposal of the
Committee to insert a clause to this effect in the letter
prepared for Sir J. Atkins (c/. 1100)] with a Reprimand to
him for suffering the said Action to be comenced against the
Petitioners Agent, for acting according to his Majestys Royall
^^^^e"^- [p. 382. If 2.]
[CS.P. IV. 1157, 1158.]
[On the 29th, the insertion of the clause is ordered]
Requiring him to take effectuall Care, That no Ship or Ships
be permitted to go to Sea on a Trading Voyage from any
Ports or Places under his Government, untill such time as
the Masters Owners or other Proprietors of such Ships and
Vessells have given good Security, That they shall not go
to any part within the Limits of the Royall African Com-
panys Charter, ... nor import any Blacks, Gold,
Elephants Teeth, Malagetta or other the Comoditys of those
Countrys into the said Island of Barbados, or any other his
Majestys American Plantations contrary to his Majestys Royall
Charter granted to the said Company.
And it was further Ordered by his Majesty, That the said
Committee do also send the hke Order and Directions to the
Lord Vaughan Governor of Jamaica, and to the respective
Governors of all other his Majestys American Plantations
by the first opportunity of Conveyance, to be by them care-
fully observed and put in execution. [The Lord Treasurer
is instructed to send directions in accordance with this order
to the Customs Officers in the various colonies.]
[p. 386. IfH 3 & 4.]
[On 8 December, the exact wording of these directions is
given, differing practically not at all from that of the clause
in the letter to Sir J. Atkins.] [p. 396. ^ 2.]
[CS.P. IV. 1177.]
Virginia.
Plantation
Trade.
682 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676.
[1103.] Whitehall, 8 December:
[Though the embargo has been taken off,]* yet for the greater
security of the Owners and Merchants concerned in the said
Ships, and to prevent their faUing into the hands of the Rebells
in Virginia, whereby those Rebells may bee supplyed and
supported, [The Admiralty are directed to] take care. That
notice bee forthwith given to the respective Masters of Ships,
now bound to his Majestys Plantations of Virginia and
Maryland, that they should Sayle to James River, there to
expect the order of Sir John Berry Commander of his Majestys
Ship, the BristoU, and to receive his Orders and directions
before they proceed to their respective Ports to Trade, vnder
the penalty to which his Majestys subjects are lyable by
law for succoring such as are in open Rebellion against his
Majesty. [Notice of this is by the best conveniency to be
sent to Sir John Berry.] [p. 395. ^ 1.]
[C.S.P. IV. 1178.]
[1104.] Ibid.
[Among the directions for issuing passes for ships to trade
from Ireland, occurs the following clause : — ]
15. All Shipps entring out for the West Indys, or to any
part in Africa beyond Cape Verde, or to any part of the
Mediterranean Sea, theire passes to determine upon theire
Returne, and being unladen in some port of Ireland, and for
that end to be obliged in the Bonds they are to give upon
taking out of such passes, that upon their returne, and being
unladen, the Masters of such Shipps shall deUver up theire
old passes ; And that passes for Ships entring for all other
ports be to continue for one yeare only, and the Bonds to
be filled up accordingly with a saving to Capture and Ship-
wrack, as before directed. [p. 401. Clause 15.]
[A similar clause occurs for Jersey and Guernsey Passes,
9 February 1677. {p. 466. clause 13.)]
See 1098 n.
1676.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 683
[1105.] WhitehaU, 13 December :
. . Peter Giraudeau Master of a Vessell I'Esprit du Bois Newfound-
D'Oloime returning in July last from Newfoundland, being '*""*■
mett by his Majestys Ship the Bristol!, and mistaking his
Majestys Ship to be an Enemys Ship stood upon his defense,
when the Commander had made the Signall to have him come
on board, but yeilded himself assoone as he discovered his
Error, whereupon hee was carryed into Plymouth by the
Commander of his Majestys said Ship, Since which tyme
the Vessell hath been released by his Majestys Order, but the
said Peter Giraudeau remains still under Confinement, for
whose liiberty the [French] Ambassador humbly prays his
Majestic. [Mr. Pepys, Secretary of the Admiralty, is ordered
to] attend this Board upon Fryday the fifteenth instant with
such Evidence as hee hath against the said Peter Gireaudeau.
[p. 415. Tl 3.]
[On the 15th Giraudeau is ordered to be sent up for trial
in the Admiralty.] [p. 417. ^ 4.]
[1106.] Whitehall, 20 December:
[The Lords of the Admiralty are to make the Charles of Guern- Newfound-
sey a free ship, that she may proceed on her voyage to
Newfoundland.] \p. 423. ^ ].]
[1107.] Ibid.
[Sir Jonathan Atkins is to pay the effects arising from the Plantation
sale of 136 negroes and gold dust taken in the Maria by
the Phoenix (Captain Watson) to Mr. Strode for the use of the
officers and seamen of the Phoenix.] [p. 424. ]| 1.]
[1108.] Whitehall, 22 December :
Vpon reading this Day at the Board the humble petition West indies
and Representation of Francis Tyrwhit to the Answer of the
Lord Viscount Ranelagh and Wilham Lord Brereton to a
former petition of his concei-ning a Debt due to the said
Francis Tyrwhit from the late ffrancis Lord Wmoughby of
684 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1676-7.
Parham it was ordered by his Majestie in Councell that a Copy
of the said Rephcation be sent to the said Lord Ranelagh
with Directions that hee attend his Majestie at this Board
upon the 17th day of January next with his answer to the
same. [p. 428. ^T 2.]
[On 10 January, Tyrwhit is given permission to attend
with his Counsel on 17 January.] [p. 433. ^ 3. J
[On the 19th, on Lord Ranelagh's petition], That his
Majesty would be pleased to put off the Hearing of the
matter in difference between him and Mr. Tirwhit for some
longer time in regard of his present Indisposition, and for
that William Lord Brereton (who is joyntly concerned with
him, and hath aU the Papers relating to this AfEair in his
custody) is not in 'J'owne, the Petitioner promising, that in
the mean time he will not receive any part of the Money,
to which the said Mr. Tirwhit pretends a Title ; [the hearing
is deferred until Friday, 9 February.] [p. 441. 1| 3.]
[1]09.] Whitehall, 10 January :
New Whereas upon the humble Petition of Robert Mason and
fferdinando Gorges His Majesty was pleased the 22th of
December last to appoint Friday the 12th of this instant
January to hear the Petitioners Complaints against the Cor-
poration of the Massachusets Bay in New England, And that
WiUiam Stoughton and Peter Bulkley Agents for the said
Corporation should then attend. And whereas the said Agents
did by their Petition this day read at the Boord, set forth, That
they have made diligent Search aswell in the ChappeU of the
Rolls, as other Offices for Copies of the particular Grants
by vertue whereof the said Mr. Mason and Mr. Gorges lay
claim to severall Tracts of Land within the said Colony, but
not finding the same they camiot fully instruct their Councill
for a Hearing at this Boord, And therefore Prajdng the said
Mr. Mason and Mr. Gorges may be Ordered to give them
true Copies of the said Grants, they being willing to do the
same to them. [A mutual exchange of copies of the said
England
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 685
grants is ordered,] the Charge of the said Copies to be paid
by the Partys that shall desire or receive the same, And It
was further Ordered, That this Busines be heard at the Boord
within one Weeke after notice given to the Clerke of the
Councill attending of such mutuall Exchanges.
[p. 432. H 3.]
[C.S.P. V. 5.]
[1110.] Whitehall, 12 January :
Perient Trott and several other Merchants and Members Bermudas
of the Bermudas Company, Complayning, That the said Com-
pany do, by vertue of a By Law refuse to suffer the Petitioners
to send for their owne Comoditys of the Growth of the said
Islands with their owne Ships provided for that purpose, to
the great Damage of the Petitioners, and raine of their Trade,
And therefore Praying, That a free Trade may be
allowed to the Islands for such of his Majestys Subjects as are
Members of the said Company, and that such By Laws and
Orders as are made by the said Company contrary to Law
may be vacated, [the Governor and Company are to have a
copy of the petition and] to returne their Answer thereunto in
writing to this Boord on Wensday next the 17th instant.
[p. 435. II 2.]
[This answer having been returned by the Company on the
17th, a copy of it is ordered to be deHvered to Mr. Trott, and
the hearing of the case is fixed for Friday, the 19th.]
[p. 437. ^ 1.]
[1111.] Ibid.
[On the petition of Robert Yate, Thomas Earle and Robert West Indies.
Henly it is ordered that the Ambassador at the Hague shall
press on the revision of the case of the St. Joseph in the fairest
manner to which the States General wiU agree— ».«;., -w-ith as
small a proportion as possible of the judges of first instance
sitting as judges of appeal.] [P- ^38. 1| 1.]
[1112.] Whitehall, 2b January :
The Royall African Company of England having . . . Royal^
humbly represented, [that since the recent regulations] those company.
686 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
loose Traders have been more cautious by entring at the
Custome House the Goods they intend for that Trade for
some other Places, having at the same time other Ships fitting
out to take in the said Goods at Sea, or at some convenient
Ports, and then proceed for the Coast of Africa, as the Peti-
tioners have very good grounds to beleive that sundry Ships
have lately done, and are now informed, that one John Case
Master of the Antego Merchant is laden with Goods proper for
Guinee, and ready to depart for the said Place, though entred
at the Custome House for Antego, And therefore Praying his
Majesty to apply such Remedy for preventing the said Ship,
and aU other Ships for the future, as in his Princely Wisedome
shall seem most convenient ; [the Earl of Danby Lord High
Treasurer of England is to give directions to the Commissioners
of the Customs not to permit the said ship to sail without
giving good security not to infringe the petitioners' charter].
And if the said Master shall refuse to give such Security,
that his Lordship make Report thereof to this Boord, that
such other Course may be taken therein as shalbe thought
fit, [p. 443. Tl 2.]
[C.S.P. V. 18. I.]
[1113.] WhitehaU, 26 January:
Bormudajs. [Upon Mr. Trott's petition,] all Partys attending and having
been fully heard two severall dayes by their CounciU Learned
touching the Lawfulnesse and Reasonablenesse of the said
Lawes, And his Majesty finding no Cause to alter the Com-
panys Method of managing their Trade in general! or Magazine
Shipps, Hath thought fit, and accordingly did Order That the
Petition of Mr. Trott be dismissed, and that he be left to take
his Course at Law, where the Matter touching the Regulation
and Laws of the Company are properly determinable as to
their vahdity. But forasmuch as it seemed doubtfuU to his
Majesty whether some better Improvement might not be
made of the said Island, if the Company should send more
Ships then one every year for the better Convenienoy of the
Inhabitants in venting the Growth and Product of the said
Island, and preventing the Trade of that Island with fforrain
1677.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 687
Nations, His Majesty is pleased to referre the Consideration
of this Matter to [the Committee], And particularly, That
for the securing of his Majestys Dutys, Care be taken for
preventing iforrain Ships from resorting thither, so that the
whole Trade may be restreyned to England according to the
Act of Navigation, and their Opinion upon the whole matter
to report to his Majesty in Councill. [p. 445. If 2.]
[1114.] \^^litehall, 31 January:
Whereas John Strode Esqr did .... humbly Plantation
represent, That having in pursuance of his Majestys Order
in Councill entred into 1000?. Bond to make an equall
Distribution of the Negros and Dust Gold taken in the Ship
Maria amongst the Captain Officers and Seamen late belonging
to his Majestys Ship the Phoenix, WTiich Gold and Negros were
supposed then to have come to the Hands of Sir Jonathan
Atkins . . who was Ordered to pay the same to the
Petitioner [c/. 1107], but being since informed. That a great
part of the said Gold and Negros was deteyned by some of
the Oflficers and Seamen, He most humbly prayed his
Majestys further Order to require all and every other Persons
(asweU as the said Sir Jonathan Atkins) to accompt for and
pay to the Petitioner or his Order the Produce of the Gold
and Negros taken in the said Ship Maria, which can be proved
to come to their Hands, and also to indemnify his Majesty
from any Claim of the said Officers and Seamen for their
Right to the said Gold and Negros for the future. [The
matter is referred for examination and report to Sir Richard
Lloyd.] [P- 448. ^ 2.]
[1115.] Ibid.
[The Council request the Committee to meet on Tuesday Jamaica.
next, to report upon the petition of] Robert Clowes Esqr
Setting forth, That his Majesty having been pleased by his
Letters Patents to grant the Petitioner the office of Cheif
Gierke of the Supreme Court held at St. lago de la Vaga in
Jamaica with Liberty to execute the same by his sufficient
New
England.
688 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
Deputys, He did upon the Death of his two last Deputys
legally appoint Thomas St. Nicholas Gentleman, bred a
Lawyer to officiate in the said Office whom the Governor of
the said Lsland refuseth to admit as the Petitioners Deputy
to his great Losse and Damage, And therefore Praying his
Majestys Order to the said Governor to admit the Petitioners
said Deputy to the Exercise of his office. [p. 449. ^ 3.]
[C.S.P. V. 28. I.]
[1116.] Whitehall, 31 January:
Whereas the Agents for the Corporation of the Massachusets
Bay in New England have acquainted the Clerk of the Council!
attending, . . . that they had received from Mr.
Mason and Mr. Gorges Copies of the Grants which they
demanded of them . . . and were now ready for a Hear-
ing at this Boord ; And Mr. Mason and Mr. Gorges by their
Petition hkewise Prajdng a speedy day may be appointed
for that purpose, though they could not receive from the
said Agents the Copies they desired of them, [the whole matter
is ordered to be heard on Wednesday, 7 February, at three
o'clock]. [p. 450. % 1.]
[1117.] Ibid.
Bermudas. [A Warrant to the keeper of Newgate to keep Timothy
Briggs, notary pubHc, safe prisoner] untill he shalbe delivered
by due course of Law, or sha.ll have given sufficient
Security to stand to and abide such Prosecution as shalbe
made against him by Mr. Attorny Generall for his offence
aforesaid, [c/. 1031.]
[A warrant to Joseph White, one of the Messengers of his
Majesty's chamber, to carry Timothy Briggs to Newgate.]
[An order to the Bermuda Company to furnish Mr. Attorney
General with evidence against Briggs, and an instruction to
the Attorney General to prosecute on receiving such evidence.]
[p. 451. t 1.]
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 689
[1118.] WhitehaU, SlJanuary:
[The Committee report :]
Wee have caUed before Us Mr. Cranfeild to take an Surinam,
accompt how he hath discharged the Trust reposed in him
by your Majestys late Commission for the Removall of your
Subjects from Surinam, which was the principall part of his
Busines abroad, And Wee find by a particular Narrative of
all his Proceedings that he hath conveyed from Surinam to
your Majestys Island of Jamaica Two Hundred and ffifty of
your Majestys Subjects all Whites, together with Nine
Hundred Eighty one Slaves, which makes One Thousand Two
Hundred Thirty One Persons in all.
That before their Departure, he did adjust aU Differences
in accompts, and brought them off as much Savers as could
possibly be expected, leaving behind very few or none, unlesse
some Jews, whose coming away the Governor obstructed, and
for whom your Majesty hath since interposed by your
Ambassador to the States Generall.
That this niimber of your Majestys Subjects and their Slaves
being conducted to Jamaica with great Care and in good Con-
dition, hath been of considerable Advantage to the said
Island, which is also certifyed from your Governor there,
who did receive and afford them all those Accomodations
which your Majesty did graciously direct.
Wee also find. That Mr. Cranfeild did use his best Endeavours
to take a Veiw of other of your Majestys Plantations, as he
was instructed, having also your Majestys Passeport to that
effect. But wanting Conveniency to transport himself, he
could only apply his Observations to Jamaica, And therein
he hath given Us a generall Narrative, such as the time of his
Continuance in the Place could afford him to make.
He hath alleaged, and Wee suppose it may be true, that
he hath spent One Hundred pounds in this Service beyond
your Majestys Allowance, But however that Accompt may
stand, Wee are sure that from the time of his Departure untiH
4t
690 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
New
England.
Plantation
Trade.
his Returne, Wee never fayled from time to time of constant
Informations how he proceeded in his Busines.
And he having in aU points discharged himself with ffidehty
and Successe Wee do presume to signify the same unto your
Majesty, And for his Encouragement to recommend him to
your Royall ffavour. . .
His Majesty was graciously pleased to Declare, That he was
fully satisfyed with the said Report And that Mr. Cranfeild
had acquitted himself very weU, and that as occasion served,
he should not want the Marks of his Royall ffavour.
[p. 451. 1[ 2.]
[1119.] Whitehall, 7 February:
[All parties having been heard in the controversy between Mr.
Gorges, Mr. Mason and the Corporation of the Massachusetts
Bay, the dispute is referred to the Committee] who are to enter
first into an Examination of the Bounds and Limits, which
each of the Parties concerned do pretend by their Seuerall
Grants and Patents to haue bin assigned vnto Them. And
in the next place to examine the Patents, and Charters which
are insisted on by either side, in Order to finde out, and settle,
how far the Rights of Soile or Gouernment do belong vnto
any of them. And for their Lordships better assistance herein.
The Right Honourable the Lords Cheif Justices of his Majesties
Court of Kings Bench, and Comou Pleas are hereby directed
to giue their assistance to the said Committee, and to haue
notice of the tyme or tymes when the said Committee shall
proceede to the examination of this affair \thich they are to
do with all convenient speede. And to Report to his Majestic
in Councill, how they finde the whole matter to stand.
[p. 453. ^ 1.]
[C.S.P. V. 47.]
[1120.] Ibid.
Vpon reading the Report of Sir Richard Lloyd . . .
in the Case of the Negros and Gold taken in the Ship Maria
. It is this day Ordered by his Majestic in Councill
tihat Sir Jonathan Atkins ... do acconipt for, and
.1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 691
deliuer vnto John Strode Esqr. (who is appointed to receiue
the same) what part of the said Gold and Negros, or their
Proceede came to his hands. And also that he call to accompt
by all Lawfull Ways, and Meanes he can, such officers, Seamen,
and others now in Barbados, or the other Islands ^vithin his
Gouernment into whose hands any of the said Negros and
Gold, or the proceede therof came and Cause what shall
appear to be due from them on that accompt to be likewise
dehuered vnto the said John Strode Esqr. or his assignes. To
the end an Equall Distribution may be made therof according
to his Majesties Letter of the 6th of December last past.
[p. 454. ^ 3.]
[1121.] WhitehaU, 9 February:
The Eoyall African Company of England Setting forth, ^°^^^^
that . . . John Thornborough, Master of the Ship Company.
Tyger ahas Faithfull Subject is lately gone from London to
Trade vpon the Coast of Africa, within the Limits of the
Petitioners Charter, without their Licence, and Reported
to diuerse Persons before he went, that he would carry his
Negros to Barbados, and there pubHquely expose them to
Sale, notwithstanding any opposition from the Petitioners
or their Factors, as in the Petition is more at large exprest.
And humbly praying his Majestic to releiue them herein.
[The Attorney and Sohcitor General are to be sent a copy of
the petition, and] are thervpon to prepare such an Order as
is fit to be sent vnto his Majesties Gouernor of the Barbados,
to forbid him to admit any disputes at Law, with the
Petitioners or their Factors Contrary to his Majesties Charter
granted to the said Company, and to present the same to his
Majestic next Councill day for his approbation.
[p. 455. ^ 2.]
[1122.] Ibid.
The Petition of John Barnes Master of the Ship Phenix Rantatioi
in the behalf of himself and the Seamen Concern'd in th^
Prize Ship Maria, Complaining of Col. Strode [is ordered to]
be shewn vnto Col. John Strode, who is to shew Cause to this
boord why he does not Content the Petitioners, [p. 456. ^ 2.]
Trade.
692 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
[1123.] Whitehall, 9 Febraary:
Plantation [The Committee having presented] a draft of seuerall Rules
and formes of Passes herevnto annexed for preventing the
fraudulent procuring of Passes in Tanger, and other his Majesties
Plantations in Asia, Africa, and America, sutable to the
different Treaties with forrein Princes, and states, together
with the forme of a Certificate to be signed by the officer
appointed to survey each Ship, for which a Passe shalbe
demanded. The Oath, and affirmation of the Proprietors, and
Oaths of the Masters demanding Passes, and the Bond to be
entered into by Them, as also some other points to be observed,
and appertaining thervnto. His Majestie was graciously
pleased to approve therof, and to Order that the said Rales
and formes . . be printed and sent to Tangier, and other
his Majesties Plantations in Asia, Africa, and America, where
the Gouernors and all other Officers therin concern'd, are
hereby required to see the same put in Execution and to
cause Proclamation to jssue, according to the forme here
amiexed for the determination of aU former Passes. [The
Committee are ordered to transmit to the governors the direc-
tions given and to require them to see the same duely and
punctually obserued within their respective governments.]
1st. That no Passe be granted in any of the said Plan-
tations, or Colonies, but by the Gouernors, or Deputy Gouer-
nors of the said Plantations or Colonies respectiuly as clieif
Magistrats of such Plantations or Colonies, with the Consent
of the Cheif Officer of the Customes there for the tyme being,
which consent is to be declared by the said Officer vnder his
hand vpon the body of the Certificate provided for in the
Article following.
2. That no passe be granted to any Ship or Vessell in
any of the Plantations or Colonies vntill such Ship or Vessell
haue been Surveyed by some officer appointed by the Gouer-
nors, or Deputy Gouernors of such Plantations or Colonies
respectiuely, and a Certificate produced from such Officer
to such Gouernors or deputy Gouernors, expressing the name.
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 693
built, and burthen of such Vessell, and answering to each
other of the severall Heads conteined in the form of the said
Certificate herevnto annexed.
3. No Passe to be granted if by the said Certificate it doth
not appear that the said Vessell is in some Port or place in
the Plantation or Colony where the said Passe is demanded.
4. No such Passe to be granted vnlesse by such Certificate
it also appear that the Master of such Vessell and two thirds
of the Mariners are his Majesties Subjects.
5. That no Forreiner who is master of a Ship haue a Passe,
vnlesse he be naturahzed, or made a Denizon, and make out
he Denization or naturaUzation ; and those masters of ships
who pretend to be naturaliz'd or made Denizens, to haue no
Passes vntiU they make full and cleer proof, that their real],
and constant Residence is in such Plantation or Colony, where
the said Passe is demanded, and that their FamiHes are also
there, if any they haue ; And moreover as to such Master
of Shipps as pretend to Denization, that no passe be granted
vnto Them, \Tilesse it shall appear that their reall, and Con-
stant Residence, with their famiUes (if any they haue) haue
bin in such Plantation or Colony for the space of one year
before the demanding of such Passes.
6. That no Passe be granted vntiU the Register of the Place
to which each Ship belongs shall haue been carefully examined,
whether a former Passe hath been granted to such Ship in
pursuance of these Treaties, and in case any former Passe
hath bin granted, no passe be then granted, vntiU the former
Passe be dehuered \ip.
7. That euery Master of a Ship before he hath a Passe
granted him, do giae Bond with one good Surety to his
Majesties vse to the Gouernors, or Deputy Gouernours of the
said Plantations or Colonies that are to grant the Passes of
lOOl. sterling penalty if the Shipp appear to be aboue 100
Tunns for the return, and redehuery of his Passe, within the
time to be hmitted in his Bond to the said Gouernor or Deputy
694 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1677.
Gouernor ; and of 501. sterling penalty if his Ship be vnder
100 Tunns, Avhich limitation of tyme to be made according
as is directed in the follo\ving Rule No. 13.
8. That before the granting of any Passe, the master of
euery Ship or Vessell for which a Passe is demanded, shall make
Oath in the presence of the Gouernor or Deputy Gouernour,
who is to grant the said Passe, that such Ship, or VesseU doth
belong to the Inhabitants of the Plantations or Colonies where
the Passe is demanded, and that are Proprietors
therof, naming as many of them as he knows, and their
respectiue Shares, and places of abode, and to what place such
Ship doth belong, and whether she had any former Passe,
and that he is the sole master appointed for the Voyage, and
knowes of no other ; And in case she be a forrein built ship,
declaring the tyme when she was bought, or became Propriety
of the Inhabitants of the said Plantation or Colony, and that
the Ship for which a Certificate is returned bearing date
returned by appointed for the Surveying
of Ships is the Ship concerning which this Oath is by him
made, and that the name by which he calls her is the true
name, and that he knows of no other name she hath, or hath
had, or if she hath had to declare it.
9. And in case a Passe be demanded for any forrein built
ship, bought since the first of January 1673, that before the
granting therof, not onely the master, but the Proprietors of
such Shipp, or as many of them as may be had, do make oath
before the Gouernor, or Deputy Gouernor of such Plantation
or Colony of their Propriety in such Ship, and what shares they
respectiuely haue, and when bought and for what sum of
money, and who are the rest of the owners, and their places of
abode, and the said Oath, or Oaths, and Certificate of the officer
that shall haue viewed or surveyed such Ship, shall haue bin
transmitted by the Gouernor or deputy Gouernor of such
Plantation or Colony, to the cheif ofi&cer of the Customes and
his approbation had thervpon in writing vpon the body of
the said oath or oaths and if any of the Proprietors of such
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 695
forrein built Ship shall appear to be Forreiners, that the
Gouernor, or Deputy Gouernor of such Plantation or Colony
do not grant a Passe to any such Ship, vntill full and cleer
satisfaction be given to them that such forreiners are truely
Inhabitants in such Plantation or Colony, and not Sojourners
come ouer onely to serue the turn of Forreiners beyond Sea,
during the present Warrs abrode ; and moreover that
whether such Propriety is claimed by Forreiners or Natiues,
due examination is to be had of the quality, Value, and worth
of such Persons, and of their ProbabiUty of hauing Such
Propriety ; and no such Passe or approbation to be granted,
vutill these things are cleerly made out vnto them.
10. That no Passe be granted but onely to Ships belonging
to some Port or Place in Such Plantation or Colony respectiuly.
11. That the forme of Passes hervnto annexed printed vpon
parchment, with Blanks, and no others be made vse of in such
Plantations or Colonies, wherby They may be distinguished
from all former Passes.
12. In like manner, that the printed formes of the Oaths
for the Master and Proprietors, and of the Certificats to be
made vpon viewing the ships, and also of the Bonds to be
entered into by the said master vpon the taking out of Passes
(aU which are herevTito annexed) to be made vse of in the
said Plantations or Colonies.
13. All Ships Entring Out Coast Waise, or for any other
of his Majesties Plantations or Colonies, their Passes to Con-
tinue for One Yeare only, and that Passes for Shipps entering
for Europe do determine vpon the returne of such Shipps and
their being vnladen in some Port or place in the Plantation
or Colony where such Ships receiued their Passes, and the
Bonds to be filled vp accordingly with a saving to Captiue and
Shipwrack as before directed.
14. That a perfect Register be kept by the Gouernor or
Deputy Gouernor in each of the Plantations or Colonies by
whom the Passes shalbe granted of euery Passe which shall
696 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
be by them respectiuely so granted ; as also by the Cheif Officer
of the Customes of such Plantations or Colonies, of euery passe
wherto their consent shalbe given in pursueance of the second
Article ; which Registers are to be strictly kept, and to expresse
all the particulars in the said Certificate of the officer that
viewed such Ship, and in the Oath of the master ; and to
transmit quarterly transcripts of the Registers of Passes, to
the Lord high Admirall or Lords Commissioners of the
Admiralty in London, in order to the making vp, one intire
Register and Alphabet of passes granted in the said Plantations
or Colonies, for the ready informing his Majestie and their
liOrdships in aU matters relating therto, or wherin his Majesties
Service may require Inforjnation from the same.
A Proclamation or Order to be jssued in Tanger, and
other his Majesties Plantations or Colonies in Asia, Africa
and America as was done in England declaring all Passes
shalbe voyd that shall haue bin granted before this Regu-
lation.
[The following scales of fees and forms of passes, oaths,
etc., are appointed] : —
Fees for Passes, Oaths, Certificats &c to be paid
as foUoweth
For the Certificate of the Surveyor of the Navi- I. s. d.
gation 026
For the Certificate and oath of the Master . . . . 0 0 6
For the Passe in Parchment 012 6
For the Bond 0 10
For the Search and Registring ,, 0 1 0
0 17 6
Directions to masters of ships [that passes are to
be granted only by the Governors and Deputy
Governors of Plantations.]
Passes in pursueance of the Treaties with Spain and the
Vnited Provinces are to be had in the Colony of
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 697
from the Gouernor or Deputy Gouernor of the said Colony ;
And in regard these Passes are the same word for word One
Passe Serues both Treaties.
Form of the Bond to be given by Masters of Ships
before any Passe be granted to them. Nouerint
vniuersi &c. M<J- the Bond is entered already.
The Condition of this obligation is such, that wheras the
aboue bound hath received a Passe from for the
good Ship called the of and wherof he the said
is now master, bearing date the day of now, if the
said shall dehuer vp, or Cause to be deliuered vp the said
passe, to the said vnlesse the said Ship shall happen to
be taken by Pirats, or be cast away, or shipwrackt, then this
obHgation shalbe voyd, and of none effect, or elce shall
continue in full force, and virtue.
Sealed and dehuered in the presence of.
Form of the Oath of the Master for an EngUsh
Scotch or Irish built Ship, or a Ship built in any of
the said Plantations.
of mariner, and master of the called the
of Now at anchor in making oath in the presence
of that the said called the of burthen
Tuims, more or lesse, mounted with Gunns, and
Navigated with Men, wherof are his Majesties
Subjects and Strangers, bound for and wherof ;
he is appointed Sole Owner for the said (Voyage, and knowes
of no other master ; is an Enghsh built and doth
belong to the Inhabitants of the Plantation or Colony of
in the Dominion of his Majestic of Great Britaine, and '^^^^^ h«
knows of any
that the said is the same which hath been Surveyed °t^er name
by and for which he hath made a Certificate bearing date hath had ex-
the day of anno Domini and he knowes of Sedarifg"'
no other name the said hath bin called or is called by, the s^i^e."
then the name aboue mentioned and he knows of no other >, ^r if she
Passe the said hath had. former passe
Jurat That the Contents are true. whittle-
Coram &C. come of it."
698 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1677.
Form of the Certificate of the Officer appointed for
the Surveying of Ships in each of the said Plantations,
for an Enghsh Scotch or Irish built Shipp in any of
the said Plantations.
In pursueance of his Majesties Order in Councill of
I vnderwritten being the officer appointed for the Sur-
veying of Shipps in do testifie, that the of is
a built of burthen Tunns and Gunns
Ijang at w-ithin bound for and wherof
is master, and is navigated with men, wherof are
his Majesties Subjects and Strangers, dated the
day of anno Domini 167 — .
Form of the oath of a master of a Forrein built Ship
whether bought before or since the first of January,
1673.
of mariner, and master of the called the
of now at Anchor in maketh oath in presence
of — — that the said called the burthen Tunns
more or lesse, mounted with Gunns, and Nayigated
with men, wherof are his Majesties Subjects, and
Strangers, bound for wherof he is appointed sole
'' ■^^''^^^^ master for the said Voyage and knowes of no other master,
Names and is a forrein built bought the day of and doth
tiue parts or wholy belong to the Inhabitants of and that are
w^tTthik^*'^ Owners of her, and that the said Vessell is the same, which
places of hath bin Surveyed by and for which he hath made a
abode.
Certificate, bearing date the day of and that he
"Md. the knowes of no name the said VesseU hath been, or is called
as'aboue^"^^ or known by other then the name abouementioned, and that
he knows of no other passe the said Vessell hath had or
Jurat the aboue named master of the said Vessell
that the bill of sale produced to the officer of the
Navigation is true, and that the Persons therin men-
tioned are the present reall Proprietors of her.
Form of the Certificate of the officer appointed for
the Surveying of Shipd in for a forrein built
1677.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 699
Ship, whether bought before or since the first of
January 1673.
In pursueance of his Majesties Order in Counoill of
I vnderwritteu being the Ofificer appointed for the Sur-
veying of Ships in do testifie that tiie said of
is a forrein built of the burthen of Tunns, and
Guiins, now lying at Anchor within bound for
wherof is master, and is navigated Avith men,
wherof are his Majesties Subjects, and Strangers,
and appeareth to be bought, and belong to the Inhabitants
of by a bill of Sale bearing date the day of
Anno Domini produced to me. Dated this day
of anno Domini 167 — .
Form of the Oath of the Proprietors of a forrein
built ship bought since the first of January, 1673.
I vnderwritten of make Oath, that I aui a
Proprietor in the called the of for which a
Passe is demanded by Master of her, and that I bought
the same the day of • for the summe of really,
and without any fraude, paid by me for the .same, and that ^'^^'^^'™ '^®^®
are part Owners therof, and that none but Inhabitants Owners
respectiue
of to the best of my knowledg haue any part or share Names,
in the said dated this day of anno Domini abodTand
T on shares as
neer as he
Jurat that the Contents abousaid are true. can."
Coram &c.
Form of the Passe in pursueance of the Treaty with
Spain, and the Vnited Provinces for his Majesties
respectiue Plantations.
To all vnto whom these presents shall come Do
testifie and make known that of the — — called the
hath in Our presence vnder Solemn Oath declared that
the said of the burthen of wherof he is at present
Master, doth belong to the Inhabitants of the said Plantation
or Colony within the Dominions of his Majestie of great
Britain; and Wee desirous that the said master may be
700 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
assisted in his Voyage and busines, do intreat all persons in
general], and in particular who shall meet him, and those
of all places where the said Master shall come with the said
and her Merchandize, That they would admit him
fauorably, treat him kindly, and receiue the said into
their Ports, Bayes, Havens, Riuers, and Dominions, per-
mitting her quietly to saile, passe, frequent, and negotiate
there or in any other place, as shall seeme good to the said
JNIaster, Paying still the Tolls and Customes which of Right
shalbe due ; Which Wee -niU acknowledge gratefully vpon
the Mke occasions. In Witnes AVherof Wee haue signed these
presents, and Sealed them with the Seale of the
[pp. 478-484.]
[1124.] WhitehaU, 21 February:
Newfound- [The Committee is ordered to] meet on Saturday the 24th
land. jj£ February Instant to Consider the Petition and Complaint
of John Downing an Inhabitant of Newfoundland, touching
Injuries done him in that Country by order of the Merchants,
and Traders to Newfoundland, [and to report].
[p. 489. ^ 2.]
[C.S.P. V. 16. I.]
[1125.] Ibid.
Newfound- Vpon reading the Petition of the Merchants, and Traders
to NeM^foundland on Fishing Voyages ; His Majestic in CounciU
being wiUing to gratifie the Petitioners in any thing that
may Cause the late Letters Patents touching the Fishery of
Newfoundland to be made effectuaU to them, [refers the
petition to the Committee for examination and report].
[p. 489. II 3.]
[CS.P. V. 75.]
[On 23 March the Committee is ordered to] meet on
Monday next at Three . . to examine the present State
and Condition of the Newfoundland ffishery and of the
Plantation of his Majestys Subjects there, [to send for
and examine witnesses, and to report.] [p. 509. f 2.]
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 701
[1126.] Whitehall, 23 February:
[IVIr. Tyrwhitt's claim for moneys laid out partly for his '^^^^ in<iies.
Majesty's service and partly for Lord Willoiighby's private
use, having been heard, the whole matter is referred to the
Lord High Treasurer for examination and report, and all
payments on the Privy Seal of 8400?. passed for Lords Brereton
and Ranelagh are meantime to be stopped.] [p. 493. 1| 2.]
[1127.] WTiitehall, 23 March :
[Thomas Williamson and John WiUiamson, owners of the Plantation
Trade.
ship Diligence of Liverpool whereof Nicholas Stone was master,
set forth that in a trading voyage to the West Indies in 1675,
having taken on board their full lading of logwood, cocoa, and
plate, while coming from the Bay of Campeachy for London,
they were seized by a Spanish man of ^var called the Caesar,
Philip Juhan commander, about 60 or 70 leagues to the
westward of the dry Tortugas, and the ship stripped of
lading, stores and rigging. They pray for his Majesty's letters
to the Court of Spain in order to obtain satisfaction. Mr.
Secretary Coventry is ordered to write to Sir William
Godolphin, and to speak with the Spanish envoy.]
[p. 508. ^ 5.]
[1128.] Whitehall, 28 March :
[In pursuance of the previous order [1125], the Committee j^ewfound-
report that] Wee have called before Us the Petitioner John
Downing of Newfoundland, appearing in behalf of himself and
the rest of the Colony, as also severall Gentlemen of the West
Country and Merchants concerned in this ffisliery. But whereas
it was aUeaged by the said Gentlemen and Merchants, that
by reason of the short warning given them for their Appearance,
they were in no manner prepared to make out their pretensions
in the vaHdity of their Charter, Which they did not doubt
to satisfy us in, if the space of fifteen dayes were given them
to acquaint their Correspondents in the Country, and provide
themselves with those Evidences and Demonstrations of
Right, by which their Patent is supported, Wee could not
702 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
but allow of so reasonable a Request and did therefore assigne
them the 10th of Aprill next, at which time Wee propose to
enter into a further Examination of the whole Matter referred
unto Us by your Majesty for a f:nall Settlement thereof.
But in the mean while, least the Planters at present
inhabiting in Newfoundland and ffishing there, should be
disturbed and molested by the Masters of the ffishing Ships
upon pretence of their Charter, whereby no Person is to
inhabite within Six Miles of the Shoar and in order to the
maintenance of Peace and Quiet amongst your Majestys Sub-
jects in those parts, Wee do most humbly offer unto your
Majesty That Orders be forthwith sent by a ship called the
St. Johns Merchant now lying at Dartmouth, unto the
Admiralls of the severall Ports and Harbours in Newfound-
land, vv'hereby all Masters and Seamen ffishing this year in
those parts may be directed to forbear any Violence to the
Planters upon pretence of the said Westerne Charter, and
suffer them to inhabite and fish according to the Usage of
the years last past, Provided they do in all other points con-
forme themselves to the severaU Rules of the said Charter.
And that the Inhabitants do hkewise on their parts continue
the good Correspondence with the said ffishermen, which
your Majestys Subjects are bound to mainteyne with each
other, without any offence or Molestation whatsoever, untill
your Majesty shall proceed to a further Resolution concerning
the said Fishery and Plantation, and make knowne your
Royall Pleasure in relation thereunto by the Captains of
your Majestys ffregats designed Convoys this year to the
Ships trading to Newfoundland.
March 26, '77.
[The report is approved, and the Committee instructed to
give orders accordingly.] [p- 512. ^j 1.]
[C.S.P. V. 110.]
[1129.] Whitehall, 4 April:
Committee [The Committee having reported] vpon the Petition of
PlSatioM.'^ John Gauntlet vnder keeper of the Records of his Majestys
1675-7.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 703
most Honourable Privy CounceU, [that he], in consideration
of his dihgent attendance on the said Committee, and of
his expence in providing paper, Pens, Inke, and other
necessaries at their Lordships meetings, did deserve the
allowance of 2s. a day, which amounts vnto 361. lOs. per
annum to be paid him from the 24th of June 1676 at which
time he began to attend the said service ; His Majestie approving
of the said Report, Avas pleased to Order, [that the money be
paid]. [j5. 518. ^ 4.]
ril30.]
-^ Ship Passes.
(1.) Whitehall, 17 December, 1675. Virginia.
[On the petition of James Therry of London merchant,
a pass is to be granted for the Sampson of London, 240 tons,
to sail from Plymouth to Virginia, if the Lords of the
Admiralty find her to be an Enghsh ship.] [p. 73. ^ 1.]
(2.) Whitehall, 5 July, 1676.
[Among petitions for passes referred to the Committee J^ewfound-
are those for —
The Hopewell of Dartmouth
The Scanderbeg of Barnstaple
The Diligence, the Desire, and
the Providence of Southampton/
ip. 281.]
(3.) Whitehall, 13 December, 1676.
[Passes are to be granted by the Admiralty for greater West indies,
security in bringing home from the West Indies the Merchants'
Delight and the Hannah of London.] [p. 416. 1| 3.]
[C.S.P. IV. 1183.]
all to Newfoundland and
thence to the Straits.
CHARLES II. VOL. XIII. (2 May 1677—31 Dec. 1678.)
[Durini' this period there are added to the Committee : on Committee
22 December, 1677 the Earl of Northampton; on 26 July piantatiW
1678 Lord Berkeley ; and on 13 December 1678 th? Earl
of Aylesbury.]
704 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
Leeward
Islands.
[1131.] Whitehall, 4 May :
Royal [The Royal African Company representing that the ship
Company. Blossom of London, Michael Martin master, now in the
Thames and entered for the Canaries, is really bound for
Guinea and thence with Blacks to the plantations in prej adice
of their charter, the Lord High Treasurer is ordered to direct
the Commissioners of the Customs to examine the truth
of the complaint, and if it appears justified, to take security
for the prevention of such unlawful trade]. [p. 7. ^ 1.]
[C.S.P. V. 217. I.]
[1132.] Ibid.
[The Council refer to the Committee for serious inquiry
and full report, the petition of Lieutenant Colonel William
Stapleton, Governor of the Leeward Islands], Setting forth
the State and Condition of the said Islands, The great want
of Men, Armes and Amunition, As also of a small Frigate for
the better defence of the said Islands, And concerning the
Arreares of Pay, which is at present due unto the soldiers
there. ' [P- 8. H 3.]
[C.S.P. V. 224.]
[1133.] Whitehall, 9 May :
[The Committee having reported on a letter from Sir
Jonathan Atkins of 6 December last that the Governor finds
the island well provided with all sorts of ammunition except
match which he finds to be much decayed, the Council, on
their recommendation, direct the Master of the Ordnance to
provide a convenient quantity of match for his Majesty's
service in the island.] \P- 12. If 2.]
[C.S.P. V. 223.]
[1134.] Ibid.
„, , , ,. [The following report of the Committee is approved, and
West Indies. i- a l , , • j v
order given accordingly] :— Wee have lately received by your
Majestys Order, severall Letters, accompts, and Depositions
transmitted by the Lord Vaughan Governor of your Majestys
Island of Jamaica, setting forth the violencies, and Cruel
Barbados.
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 705
usage of the Spaniards towards your Majestys subjects whom
they doe not onely diaturbe in their lawfull Trade and Navi-
gation in the West Indies, but continue to seize, Imprison,
and detein as Slaves, several! of them, notwithstanding the
present Treaty with Spaine, and good Correspondence main-
tained on the part of your Majesty with that Crowne ; and
Wee are taking care so to Consider, and lay before your
Majesty several! Instances of this nature that Reparation
may be accordingly demanded, future Injuries prevented, and
the Peace between both Nations in those Parts cultivated,
according to the true Intent, and purport of the said Treaty.
But in the meane while Wee doe most humbly represent unto
your Majesty the particular Complaint of Thomas Winford
gent in the behalf of his brother, and other of your Majestys
Subjects Referred unto Our Examination by an Order of the
10th of April! last, the fact Wherof Wee finde to be as
foUoweth. WiUiam Winford merchant and 4th son of Sir
John Winford Knight did about Two yearea since go from
London to the Island of Jamaica, Where he remained until!
about the month of February 1676, being master and owner
of a ship called the Adventure Ketch he sailed to the River
Treece in the Bay of Campeach, and coming from thence was
in a violent Hurricane forced on ground, and shipwraclit near
the said River But the said Winford and others Escaping to
the said Bay of Campeach, tools; shipping under the Command
of Captain White, whose ship in her voyage from the said River
Treece to Jamaica, was in August last taken by the Spaniards,
and carried into the Havana. In consideration therfore of
these Unwarrantable Proceedings of the Spaniards, and in
Compassion to your Majestys Subjects, who otherwise are
like to perish in this State of Slavery, Wee are most humbly
of Opinion that your Majesty do authorize Sir AViUiam
Godolphin your Majestys Ambassador in the Court of Spaine
to make known your Majestys high resentment for this affront
and severe treatment of your Subjects, and to obtein an
Order from the King of Spain to the Governor of the Havana
for discharging the said William Winford, [and all persons
45
706 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
Barbados.
Newfound-
land.
captured with him ; and that apphcation for speedy justice
be made to the Spanish Envoy here, as also by Lord Vaughan
at the Havana.]
Anglesey, Bridgwater, H. Coventry, Ew. Seymour, Phi.
Lloyd.
Councill Chamber ultimo April 1677.
[p. 13. H 1.]
[1135.] Whitehall, 9 May:
Upon reading the Petition of the Planters and merchants
concerned in his Majestys Island of Barbados, setting forth
that being of late under some feares of Warr with France,
and considering the unprovided Condition of the said Island,
especially in small Armes, which were most of them spoiled,
broken, and destroyed in the late great Hurricane, by which
defect, together with the force the French have now in those
Parts, the said Island may be exposed to great hazards ; and
praying his Majesty to grant them a supply of small Armes
and such other assistances as shall seem most fit, [the Com-
mittee are directed to consider the petitioners' complaint and
to present to the Board a state of the condition of Barbados
and the other Leeward Islands]. [p. 14. ^ 2.]
[C.S.P. V. 232.]
[1136.] Whitehall, 18 May :
[The Committee having reported their opinion] That the
Planters in Newfoundland be continued in the Possession
of their houses and stages, according to the usage of the last
yeares, untill further order from his Majesty, [and the report
being approved, it is ordered that the Commissioners of the
Admiralty] direct the Captains of the Convoys now going to
Newfoundland not only to make pubUcation of his Majestys
pleasure herein, but take care that nothing be attempted
Contrary therunto. Their Lordships are also to direct the
said Captaines to return by the first ships coming for Eng-
land a particular Answer to the severall Heads of Enquiry
transmitted unto them [by the Committee]. [p. 17. ^ 2.]
[CS.P. V. 256.]
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 707
[1137.] WhitehaU, 18 May :
[Mr. Secretary Coventry is directed to signify to the Antigua.
Governor of the Leeward Islands] his Majestys pleasure that
Colonel PhiMp Warner, be put out of the Government of
Antego, and any other Imployment or trust in his Majestys
Service. [p. 19. ^ 4.]
[CS.P. V. 237. T.]
[1138.] Whitehall, 23 May:
[It is ordered that the Court of France be requested to cause Surinam
the Golden Lion and cargo to be restored to Rowland Simpson,
or its value to be deposited in the Court of Admiralty in
England there to abide the final determination of law.]
[p. 25. Tj 2.]
[1139.] Ibid.
[The Committee report that, in spite of Sir J. Atkins' Barbados,
recent report about the sufficiency of miUtary stores in Bar-
bados, it appears from a petition of merchants and planters
and the examination of Sir Peter CoUeton and Colonel Thorn-
bury] that for Six Regiments of Militia, there are not One
hundred Pikes, the rest having been spoiled and rendered
uselesse by the late Hurricane ; and that a sufficient number
therof, is of absolute necessity for the Defence of the landing
Places, against the assault of an Ennemy. [On the recom-
mendation of the Committee, it is determined to provide
1500 pikes for the supply of the island.] [p. 26. Tf 1.]
[C.S.P. V. 264.]
[1140.] Ibid.
[The report of the Committee regarding the condition of^^|"*
the Leeward Islands and the necessity of sums of money
for their better defence and support having been read, it is
resolved that the whole matter be considered on the 30th instant
all concerned then giving their attendance, and that the
Lord High Treasurer do meantime consider of the report.]
[p. 26. If 2,]
[C.S.P. V. 254. I.]
708 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
[1141.] Whitehall, 1 June :
ciir- to her '"'^^ Committee report the necessity of strengthening his
Majesty's colony in the island of St. Christopher by raising
some considerable fort, and that Colonel Stapleton recom-
mends Cieverley Point as the most convenient for the safety
and protection of shipping.] Of which Opinion also were
some IMerchants, who appeared before their Lordships upon
this matter, who also aifirmed. That the Islanders would
willingly contribute their Labours and Endeavours there-
unto, soe that if his Majesty would but furnish five hundred
pounds towards the building thereof, they did beheve the
Islanders would supply the rest. [On consideration of the
report, the Lord High Treasurer is directed to give orders for
the payment of 500Z. for the piupose stated.] \p. 35. ^ 2.1
[The Cormnittee further reporting] that they found by the
repeated Instances of Colonel Stapleton . . that there
was a great want of a Supply of foure hundred small Armes,
and other Materialls proportionable, which, by Estimate from
the Master of his Majestys Ordnance, Amount to the Summ
of four hundred ninety one pounds, Eight shillings, and
likewise that there was a Generall want of Feild Carriages
there, the Supply of which according to an Estimate likewise
given in by the Master of the Ordnance, amounts to the summ
of four hvmdred Ninety Nine poimds, and that there is a
GeneraU want of Powder and Shott, there being not one whole
Barrill in St. Christophers, and but two in Mountserrat and
noe Shott ; [the Lord High Treasurer is therefore directed
to advise with the Master of the Ordnance and take care
that the defects be suppUed with all convenient speed].
[p. 38. ^ 4.]
[The Committee also report] That in Order to a further
supply of Inhabitants of his Majestys Colony in the Island
of St." Christophers, they had discoursed with some Merchants
touching the Transportation thither of such Malefactors as
by law might be Transported, and that the said Merchants
declared, that they would willingly take off and Transport
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 709
considerable numbers, Provided they might not be Obhged
to pay for them at the Goales in regard of the great Feea
demanded by the Keepers. And that thereupon their Lord-
ships (considering the Advantage which might accrew to his
Majesty by having the said Islaud supplyed as aforesaid)
did advise \vith Sir John Shorter Knight then One of the
Sheriffes of London to knowe how farr the Charges of the
Goale relating to Each Malefactor, might bee reduced, whereby
they found, that the said Charge might bee brought to One
pound Eleaven Shillings per head, which for Three hundred
Malefactors (which is the Number the Merchants were willing
to take off and thought requisite) Amounts to four hundred
sixty five pounds. And their I<ordships further Reported as
their humble opinion, That the said Summ (as the said Male-
factors were taken off) might bee satisfyed by his Majestys
Sheriffes for the time being, to bee allowed them upon Passing
their Accounts in the Exchequer. And the said T;ord Com-
mittees did further propose in their said Report, That the
Merchants or Planters who received the said Malefactors free
from the Goale, might Enter into P>ond before the Recorder
of London for the safe conve5nng the persons took off to
St. Christophers. [The report was approved, and the Lord
High Treasurer directed to give the necessary orders for the
execution of its recommendations.] [p. 39. ^ L]
[C.S.P. V. 280.]
[1142.] Whitehall, 1 June :
[On examination of the circumstances of the memorial of West Indies.
Count de Bergeyck, the Spanish envoy, as to the seizure of
the Buen Jesus de Las Almas with 46,471 pieces of eight and
two parcels of bulls or patents on her way to St. Domingo,
and other hostihties committed by Captain Bennet an Eng-
hshman, and on hearing the account thereof given by Sir
Thomas Lynch, then Governor of Jamaica, the Committee
report] That this Violence was in noe ways countenanced by
his Majestys Officers in those parts, and that neither the Men
on board the said Privateer were Enghsh, nor came into any
710 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
New
England.
Barbados.
of the Ports of Jamaica to the knowledge of the Governour,
But on the contrary, That the said Bennet had French Men
on Board the said Privateer, French Commission, fought
under French Colours, had the Prize condemned, and divided
in a French Port, when at the same time, the Governor of
Jamaica tooke great paines, and was at great Charge to
Retreive her in Order to a Restitution: [On the recommen-
dation of the Committee, the papers are ordered to be trans-
mitted to Mr. Secretary Coventry with directions to make
known to the Spanish Envoy the true state of the case] — that
this Fact was committed as well in Contempt of his Majestys
Authority, as to the prejudice of the King of Spaine.
[p. 36. If 1.]
[1143.] WhitehaU, 8 June :
A Representation from Edward Randolph, employed by
his Majesty concerning several! matters relating to the state
of New England, and the Government thereof [was read
and referred to the Committee] to consider of the same, and
to take the opinion of such of his Majestys Judges as they
shall thinke fit concerning such Heads of the said Representa-
tion as relate to Matter of I^aw, And ... his Majestys
Learned Councell in the Law [are to] attend their Lordships
about this Affayre. [p. 40. Tf 2.]
[O.S.P. V. 290.]
[1144.] Ibid.
Upon reading the Petition of CoUonel John Strode together
with the Report of Sir Richard Lloyd Surrogate Judge of the
High Court of Admiralty in the Case of the Negroes and the
Gold taken in the Ship Maria, [it was ordered that Sir Jonathan
Atkins dehver what part of the negroes or gold or their pro-
ceed came into his hands to John Strode Esqr] who is
appointed to receive the Same, and has given Bond to make an
Equall distribution of the Effects of the said Negro's and Gold
according to an Order in Councell of the Twentyth of
December 1676. [Col. Strode is to be assisted in this by Sir
J. Atkins, and is also to call to account by aU lawful means]
1677.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 711
such Officers and seamen, anti others, in whose hands any
of the Negro's or Gold, or the Proceed thereof came.
[p. 44. II 2.]
[1145.] Whitehall, 8 June :
[On the report of the Committee that not four but six Leeward
ministers of the Gospel should be sent to the Leeward
Islands, the Bishop of London is instructed to hcense and
appoint six able ministers, who shall attend his Lordship
concerning their transportation and maintenance at their
arrival.] [p. 45. ^1.]
[C.S.P. V. 291.]
[1146.] Ibid.
[With regard to the negotiations with France concerning Q^ . ,
matters still in dispute between the Enghsh and the French
colonists in St. Christopher, the Ambassador in France is
instructed] vigorously to insist, that Justice may forthwith
bee done to his Majesty and to his Subjects that are aggrieved
concerning the said Island of St. Christophers, [p. 45. f[ 2.]
[C.S.P. V. 292.]
[1147.] "V^Tiitehall, 15 June :
[On the report of the Committee about recruiting the two g^^iato her
companies at St. Christophers,] His Majesty declared, That
hee would give Order for it in due time. [p. 48. ^ 1.]
[C.S.P. V. 300.]
[On 1 1 July, as a ship is shortly departing for St. Christopher's,
the Committee desire his Majesty to declare his further pleasure
regarding the levies ordered on 15 June, and it is ordered
that the Committee see to the issue of all necessary orders
for making levies to recruit the two companies and trans-
porting them by the conveniency that now offers itself.]
[p. 68. If 1.]
[C.S.P. V. 322. I.]
[1148.] Whitehall, 27 June :
[A report on the Leeward Islands by the Committee is read i^^eward
and approved. After recapitulating its recommendations as
to the two companies of foot (c/. 1028), the differences
712 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
between the English and the French inhabitants (cf. 1051),
and the measures necessary for the security of the islands
(18 Feb., 1676),* none of these matters being yet satisfactorily
composed, the following recommendations are made : —
(1.) Ministers to be sent, and, as their remuneration
cannot be considerable (perhaps 501. a year, besides the
perquisites of funerals, etc.), preferments to be promised
them on their return to England after three or four
years' service.
(2.) The companies to be made up to the fuU comple-
ment by sending over recruits. A certain fund to be
estabhshed for their pay : to this end the obstacles that
arise in the present farm of the duties of the Caribbee
Islands should be swept away, and the revenue be applied
to the support of the companies according to the estab-
Ushment, recommended in a j'eport of 18 June, the total
cost amounting to 2112,1. 10s. M., besides 700i. for the
Captain-General. ]
And because by the said Report, Wee did Certify to your
Majesty from the Muster Rolles then transmitted. That the
Numbers of the said Two Companyes were Reduced from
Eighty men in each unto forty nine Men in the One, and fifty
four in the other, whereby it appeared, That Fifty seaven of
those, who first went over, were wanting. And having con-
sidered how many more may have dyed since the said Muster
Rolles were taken, and how many were grown Aged, and
Useless, and others Marryed and Setled, to whome it were
much more proper to allowe some few Acres of Ground, and
by the help of their Arreares, to let them turne Planters, Wee
could not Judge That the Recruit should bee of less then
Eighty Men, as necessary to Supply aU Defects. And because
Wee were informed, That the Charge of Raysing and Trans-
porting that Number of Men, would amount unto Five hun-
dred and sixty pounds, Namely The Raysing Twenty shillings,
and the Transporting Six pounds per Head, Wee prayed your
Majesty to direct the Lord Treasurer to furnish and advance
* Not given in Register, or in O.S.P.
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 7lS
that summ unto Lieutenant Daniel Greatback, sent over to
that effect ; unless your Majesty for more Expedition should
thinke fit to draw that Number of men out of your Guards,
who would prove more usefull, and whose Roomes here would
bee more easily supplyed, and then the Charge of Transpor-
tation would only remaine to bee provided for.
3. [Merchants to be allowed to transport three hundred
malefactors, his Majesty paying their gaol fees of 468Z.
4. Government to contribute 5001. for the erection
of a fort on Cleverly Point.
5. 400 or 500 small arms with powder, etc., to be
supplied at a cost of 491Z. 8s.
6. The small forts are sufficiently provided with great
guns, but field carriages are required at an estimated
cost of 499Z. : — (3 for whole culverin, 4 for demi-culverin,
2 for sakers, 6 for saker-cuts about one thousand weight
a piece, 3 for other guns containing in weight from
two thousand six hundred weight to three thousand
weight a piece.]
7]y Wee also found great want of a Fifth Rate Friggatt
to attend the Governours Commands in those parts, which
might bee releived from time to time : the French having
seldome less then six good Friggatts plying thereabouts,
giving great Honour, strength and Encouragement to
all their Concerns.
Sly Wee thought that what Colonel Stapleton proposed
touching the Conveniency of Erecting an Admiralty Court
in those parts might bee fit for your Majestys service, as
well there, as in Jamaica, and in Barbados, where such
Admiraltyes are now setled.
[These recommendations for the security and advantage
of the Leeward Islands, which should be provided for whilst
your Majesty is in peace, lest all suppHes come afterwards too
late, have yet had no effect but the payment of the com-
panies' arrears to the persons appointed to receive the same
714 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1677.
on 7 July last, and of the Governor's salary on 24 June, so
that therein there is nothing further to be offered than that
for the greater conveniency of future payments a certain fund
may be settled to that end.
The other necessities grow more pressing, especially the
want of arms and ammunition], the more requisite, in as much
as the French upon St. Christophers are more then four to
One in Number stronger then your Majestys subjects, have
good Magazines on all their Islands, out of which, Armes,
and Ammunition are deKvered, and by convenience of Frigats,
which are constantly attending, are able to unite the whole
Strength of their Government upon aU Occations. [Colonel
Stapleton thinks a strong fort necessary upon each island
for securing his Majesty's sovereignty and the minds of his
subjects. Again, six ministers instead of four wiU be required.]
I^astly, Wee doe Represent Collonel Stapleton unto your
Majesty as a faithfuU Governour, Prudent, Able, and Vigilant
Commander, and a Person fit to be continued in your
Majestys favour, and doe therefore for his Encouragement,
And according to the Request hee has made Us, most humbly
beseech Your Majesty to give Orders, That the Pay due to
him as Lieutenant CoUonel in Sir Tobias Bridges Regiment,
which hath long since been due to him, and stated, with other
Incident Charges, may bee satisfyed in such manner as your
Majesty shall thinke fit.
Anglesey, Ormonde, Craven, Fauconberg, H. Coventry,
Robert Southwell.
Council! Chamber,
17th May, 1677. [pp. 60-65.]
[1149.] WhitehaU, 11 July:
Virginia. [The Committee having reported] That they have received
Information from Virginia, that a very considerable summe of
Monjj^ raysed there in the years 1674, 1675 and deposited
in England for a public Stock to be made use of for
Rewards and other Expences to such as were sent as
1677.] ACTS Ot THE PRIVY COUNCIL (COLONIAL). 715
Agents from the said Colony for procuring a Charter from
his Majesty and other pubhc Necessitys, Hath been for
the greatest part thereof by the late Assembly (caUed while
the Country was yet remayning under great Distractions,
and incapable of making their Elections after the usuall
manner) disturbed and disposed of by Bills of Exchange to
uses which may prove lesse agreeable to the Intentions
of the New Assembly called by the present Governor,
It was upon consideration thereof, and in regard the
present Condition of the said Colony is so miserable
and necessitous that the misappHcation of so considerable a
summe of Money would be of very evill Consequence to his
Majestys Affaires and Resettlement of the Country, Ordered
by his Majesty in Councill, That Thomas Ludwell Esqr and
Colonel Daniel Parke Treasurers for Virginia be, and they
are hereby required to attend the Boord concerning this
matter on ffriday next the 13th instant at Ten of the Clock
in the morning And that in the mean time the said Treasurers
and all other Persons who have in their hands any public
Monies of the said Colony do forbear to dispose thereof, not-
withstanding any Directions they have received from the
Assembly of Virginia for that purpose. [p. 67. ^ 3.]
[C.S.P. V. 320.]
[On the 13th, the Treasurers are required to forbear to
issue any public moneys of Virginia without an Order in
Council for the same.] [p. 72. U 3.]
[C.S.P. V. 332.]
[1150.] Whitehall, 11 July :
[With regard to Lord Vaughan's refusal to admit the deputy Jamaica,
appointed by Robert Clowes, Chief Clerk of the Supreme Court at
Jamaica (cf. 1115), the Committee report that] as no Reason has
appeared unto Us, why this Refusall has been hitherto made,
and that the Petitioner dos at present appoint Charles Herbert
Esqr (against whom Wee have no Exceptions) to be his true
and lawfull Deputy, Wee do most humbly offer Our Opinions
unto your Majesty That a Copy of the said Complaint
716 ACTS Ol' THE PRIVY COUNCIL (COLONIAL). [1677.
exhibited by the Petitioner, be transmitted unto the Lord
Vaughan, Avith the Signification of your Majestys Pleasure,
That the said Charles Herbert be immediately admitted into
the Execution of the said office of Clerk of the Supreme
Court, As also that his Lordship and all other your Majestys
Officers in Jamaica do countenance and assist the said
Robert Clowes or his Assignes authorized by him in the
Recovery of aU ffees, Profits and Arrears arising from the
said office ever since the said Clowes hath been intituled
thereunto by your Majestys Letters Patents, and hath legally
appointed his severall Deputys to officiate therein ; such
reasonable satisfaction being made to those who have offi-
ciated by his Lordships Orders, as is requisite in pursuance
of the Instructions given him by your Majesty.
[The report was approved, and a letter in accordance with
its tenour ordered to be sent to Lord Vaughan, if the said
Clowes shall desire the same.] [p. 68. f 2.]
[C.S.P. V. 28.V.]
[1151.] Whitehall, 11 July :
Committee [It is ordered that the Committee are to have copies from
Plantations *h® Rolls of all such commissions, charters, and letters patents
as they find of use for his Majesty's service,] without any ffee
or Charge whatsoever except the Labour of the Clerks employed
in the Searches and the transcribing of the said Copies.
[p. 68. II 3.]
[CS.P. V. 321.]
[1152.] Ibid.
West Indies. [The Committee report] :— Having received by the hands
of Mr. Secretary Coventry several Letters Accompts and
Depositions transmitted by the Lord Vaughan your Majestys
Governor of Jamaica touching Injurys Affronts and Severitys
offered by the Spaniards to the Enghsh Nation in the West
Indies, and considering that not only your Majestys Soveraignty
dos appear to be thereby disputed but your Subjects obstructed
in their lawfuU Trade, and oppressed by unusuall and
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 717
unwarranted Crueltys, Wee presume to lay before your Majesty
the whole ffact as foUoweth : —
The Lord Vaughan in his Letter of the 4th of July 1676
sets forth, that it is certain, that there are divers of your
Majestys Subjects kept at the Havana as Slaves, and are
neither sent for Spain nor transported for Jamaica, and have
for a long time endured a most miserable Imprisonment Which
barbarous Usage and Practise of taking all Enghsh Ships had
occasioned a very great Regret and Discontent among the
People of Jamaica to find themselves unable to prevent or
revenge the Robberys and Spoyls committed on them.
His Lordship in his Letter of the 28th of the same Moneth
continues his Complaints against the Spaniards and par-
ticularly against the Governor of the Havana who appears to
have fitted out a Barca Longa that had seized all Enghsh Ships
coming in her way, robbed them and interrupted the whole
Navigation and ffishery, the Spaniards taking the Liberty
to breake the Articles of Peace, and committing all manner
of Violences on the Enghsh, assuming a Dominion in those
parts rehnquished by the Treaty of Madrid and declaring all
Vessells to be good Prize that had anything on board of the
Growth of those Indies.
[The Depositions of the masters of various vessells seized
or plundered by the Spaniards are summarised — Benjamin
Smith of the William and John whose cargo of turtle for
Jamaica was taken from him at Trinidad ; James Risbee of
the Swiftsure which was also plundered while fishing for turtle,
the Spanish captain asserting^that he had " a Commission from
his Cathohque Majesty and the Governor of the Havana to
take all the Enghsh they met upon the Coast, and that what-
soever was of the Growth of the West Indies, and found on board
any Enghsh Vessell was lawfull Prize, although it were Sugars
from Jamaica, That Island belonging to his King ; " Matthew
Sheves of the Pelican, New York for Jamaica, which, being
driven upon the north side of Cuba and there seeking water,
was plundered of provisions and other necessaries by a Barca
718 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
Longa commanded by Nicholas Remon ; John Pursley and
Matthew Love, kept like slaves in Havana for fifteen months,
working and carrying stones to build the wall, — when they
escaped, they left there above forty Enghsh whose names
are in the depositions ; Matthew Love makes oath also that
while he was a prisoner at Havana two Enghsh vessels were
made prize there, that there were discourses of commissions
granted against the English, and that he heard the Governor
say, that there was no peace in the Indies and that the
Spaniards might take all they met ; Francisco Antonia of the
city of Havana also testifies to the making prize of Enghsh
vessels there and to the fact that about fifty Enghsh prisoners
there were forced to work at the wall, confirming the evidence
of Love as to the Governor's assertion that there was war
with the Enghsh, and " when the Galhons arrived there, the
Governor put a stricter Guard upon these Prisoners least they
should embarke themselves for Spain."] The Lord Vaughan
ads. That he was credibly informed, that no lesse than Sixty
Enghsh remayned there Prisoners who were worse used, then
they would be if they were in Argeirs, being without aU hopes
of Redemption, unlesse they be sent for with Orders from
Europe.
[On consideration of the report, it is ordered that represen-
tations be made to Count de Bergeyck, the Spanish Envoy, that]
if some speedy course be not taken therein. His Majesty wilbe
forced by the Clamours of his Subjects to use such meanes
for their Reparation as Honour and Justice obhgeth him to.
And whereas it appears. That the Cheif Cause of the afore-
said Injurys and Depredations are occasioned by pretence
of his Majestys Subjects having Logwood on board their
Ships, It was further Ordered by his Majesty in CounciU, That
Mr. Secretary Coventry do expostulate this matter with the
said Envoye Extraordinary that his Majestys Subjects may
have free Liberty of trading in Logwood, in regard the
same is not Contraband Goods, and is frequently sold by the
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 719
Spaniards to his Majestys subjects in those parts, and that
he make Report ... fp_ ^q ^ ^-j
[C.S.P. V. 325.]
[On the 18th, it is ordered that a copy of the report be
sent to Sir Wilham Godolphin, who is to press the Spanish
Court to make satisfaction or give a written explanation of
their refusal and delay of justice.] [p. 75 ^ 3.]
[1153.] Whitehall, 11 July:
[The owners of the Virgin setting forth that after all their West indies,
sohcitations both here and in Spain,] They at length obteyned
some Dispatches from the Queen of Spain in order to their
Satisfaction, which the Petitioners humbly conceive to be
insignificant, it being impossible to put the same in execution,
or pursue the Method prescribed by them. And the Petitioners
being able to demonstrate, that no Privat Persons but the
Government of Spain alone is chargeable and ought to be
responsible for this cruell Depredation, they humbly prayed
to be heard thereupon by their Councill learned. [Friday, the
20th is appointed for hearing the matter.] [p. 73. ][ 3.]
[1154.] Whitehall, 15 July :
[The Committee report on the petition of Thomas Martin Jamaica,
and Leonard Compear as to the office of Receiver of Duties
in Jamaica (1086)], Wee did on the 6th of ffebruary last
hear Councill Learned in behalf of the Petitioner upon
the nature of the said Grant passed unto them by your
Majesty, And after a serious discussion of all Particulars, it
appeared unto Us, that the said Patent was very full, and
that the accustomed jffees were granted for collection and
Receipt of the Revenue in being, and of all such Dutys as
should be raysed hereafter. And although Wee were at the
same time informed by Sir Thomas Lynch and Captain
Molesworth then attending, that besides the Quit Rents
ffines and Escheats for which the Receiver might take ffees
as being your Majestys proper Revenue, there were other
T?ixes which were deemed to be the particular Revenue of th^
720 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
Island, as being imposed and assessed for the particular use
thereof, And that therein the Patent Officer was not esteemed
to have any Right to the Receipt or any ffees thereout, Wee
could not approve of the said Distinction, but were of Opinion
that as in England, so in Jamaica, no pubhc Levies of money
ought to be made otherwise then in your Majestys Name ;
And that therefore the Petitioners were entitled to receive
the same, and to enjoy the ffees mentioned in your Majestys
said Letters Patents.
And whereas it was further made out by the Petitioners
that the Lord Vaughan did require from them a Security of
Six Thousand pounds, by which they find themselves much
disheartened and discouraged, Wee cannot, upon consideration
of the said Complaint, but offer Our humble Opinions that
your Majesty be graciously pleased to signify your Royall
Pleasure unto the Lord Vaughan, That he do forthwith admit
the Petitioners into the full possession of the office of Receiver
of all Dutys and Impositions whatsoever, as well such as are
imediatly applyed to your Majesty as of aU others imposed
and assessed for the particular use of the Island, And that
his Lordship do likewise mitigate the great Security, which
is at present demanded from the Petitioners whereby they
may be enabled chearfuUy and quietly to enjoy the full
Benefit of Your Majestys Letters Patents, and faithfully dis-
charge the Trust reposed in them.
[The report was approved, and order given that a letter
be written to Lord Vaughan in accordance with its tenour.]
[p. 73. 11 L]
[C.S.P. V. 327. I.]
[1155.] Whitehall, 18 July :
New [The Committee report on the controversy between the
Massachusetts Bay Company and Messrs. Mason and Gorges,
referred to them by Order of 7 February ; and having received
the opinions of the Chief Justices of King's Bench and Common
Pleas, they present the same : whereupon it was ordered that
parties be heard at the Board on the 22nd instant] upon the
(said Report, when his Majesty expects, that they conteyne
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 721
themselves within those Bounds of Modesty and Respect
that is due to the Judges of this Kjngdome. [p. 75. ^j 1.]
[1156.] Whitehall, 20 July :
[Whereas by Letters Patents of 8 July 27 Charles II., Virginia.
Thomas Lord Ctilpeper was constituted Governor of Virginia
upon the death, surrender or other avoidance of Sir William
Berkeley, and the latter being recently deceased. Lord Culpeper
was this day called in and took the Oaths of Allegiance and
Supremacy and the oath appointed to be taken as Governor of
Vkginia, (c/. 1080)]. [p. 77. ^j 1.]
[C.S.P. V. 360.]
[1157.] Ibid.
[On a fresh petition from the merchants and traders of and West indies.
to Jamaica and the Western Plantations rehearsing the
severities, violences and hostihties which they suffer at the
hands of the Spaniards (c/ 1152), quoting the number of
prisoners at Havana (besides what are sent to the galleys
and mines) as near 100, and "being dayly alarmed with
fresh losses," the petitioners are ordered to] give in their
particular Cases to the Right Honourable Mr. Secretary
Coventry, who hath received his Majestys Directions in order
to endeavouring Redresse of the Injurys complayned of, and
Reparation for the Losses susteyned by the Petitioners by
apphcation to the Court of Spain, and the Spanish Minister
here. ^P- ^8. U 2.]
[1158.] Ibid.
[The answer of the Massachusetts Bay Corporation to the f^^^^^_
objections against their powers and jurisdiction made by
the Committee, is read and referred to the Committee for
consideration and report, with their opinion as to] what they
conceive fit for his Majesty to do for the better Regulation
and Government of the said Corporation, and to that end
their Lordships are desired to meet on Thursday next and so
on every Thursday following, untiU they shaU have brought
722 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1677.
this Busines to such maturity, as may be fit for his Majesty
to give his finaU Resolution therein. [p. 78. ^ 5.]
[C.S.P. V. 354.]
[1159.] Whitehall, 20 July :
England t'^^® Committee report their acquiescence in the following
report returned to them by the Chief Justices on the disputes
as to grants of land in New England] : — In obedience to your
Lordships Order, Wee appointed a day for the Hearing of
all Parties, and considering the Matters referred, Having
received from them such Papers of their Cases as they were
pleased to deliver. At which time all Partys appearing, the
Respondents did disclaim Title to the Lands claimed by the
Petitioners. And it appeared to Us that the said Lands
are in the possession of severaU other Persons not before Us,
^Vhereupon Wee thought not fit to examine any Claimes
to the said Lands, it being in our Opinion improper to judge
of any Title of I.,and without hearing the Tertenants, or some
other Persons on their behalf. And if there be any course of
Justice upon the Place having Jurisdiction, wee esteemed
it most proper to direct the Parties to have Recourse thither
for the Decision of any Question of Property, untill it shall
appear, that there is just cause of complaint against the
Courts of Justice there for Injustice or Greivance.
Wee did in the presence of the said Parties examine their
severall Claimes to the Government and the Petitioners having
waved the pretence of a Grant of Government from the Councill
at Plymouth, wherein they were convinced by their owne Coun-
cil!, that no such Power or Jurisdiction could be transferred,
or assigned by any colour of Law.
The Question was reduced to the Province of Mayn, whereto
the Petitioner Gorges made his Title bj^ a Grant from King
Charles the 1st in the 15th year of his Reigne made to Sir
fferdinando Gorges and his Heires of the Province of MajTi
and the Government thereof.
In answer to this the Respondents alleaged, that long before,
vizt. 4*° Car: 1™'' the Government was granted to them,
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 723
and produced Copies of Letters Patents, wherein it is recited,
That the CounciU at Plymouth having granted to certain
Persons a Territory, thus described, vizt. : —
All that part of New England in America, which lyes and
extends between a great River there commonly called
Monomack ahas Merimack, and a certain other River there
called Charles River being in the bottom of a certain Bay there
called the Massachusets Bay, and also all and singular the
Lands and Hereditaments whatsoever lying and being within
the space of Three EngKsh Miles on the South part of the
said Charles River, or of any or every part thereof. And also
all and singular the Lands and Hereditaments whatsoever
lying and being within the space of Three English Miles to the
Southermost part of the said Bay called Massachusets Bay,
and all those Lands and Hereditaments whatsoever which
lye and be within the space of Three English Miles to the
Northward of the said River called Monomack alias Merimack,
or to the Northward of any and every part thereof, and all
Lands and Hereditaments whatsoever lying within the
Limits aforesaid, North and South in latitude and breadth,
and in length and longitude of and within all the Breadth
aforesaid, throughout the Main land there, from the Atlantic
and Western Sea and Ocean on the East part, to the South
Sea on the West.
By the said Letters Patents, the King confirmed that Grant,
made them a Corporation, and gave them Power to make
Laws for the Governing of the Lands and the People therein,
To this it was replyed, That the Patent of 4*° Car. 1™''
is invalid
1. Because there was a precedent Grant ISMacobi of
the same things then in being. Which Patent was sur-
rendred afterwards, and before the date of the other
15° Car. l""*-
2. The Grant of the Government can extend no further
then the Ownership of the Soyle, the Boundarys of which
724 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
as recited in that Patent, wholy excludes the Province
of Mayn, which lyes Northward more than Three Miles
beyond the river Merimack.
Wee having considered these Matters, do humbly conceive,
as to the 1st matter, That the Patent ^ Car: l""'' is good,
notwithstanding the Grant made 18° Jacobi, ffor it appeared
to Us by the EecitaU in the Patent 4*° Car: l"' that the
CounciU of Plymouth had granted away aU their Interest in
the Lands the year before and it must be presumed, they then
deserted the Government : whereupon it was lawfuU and
necessary for the King to estabhsh a sutable feame of Govern-
ment according to his RoyaU Wisedome, which was done by
that Patent 4 Car. 1™' making the Adventurers a Cor-
poration upon the Place.
As to the 2nd matter it seemes to Us to be very clear, That
the Grant of the Government 4*° Car: 1°" extends no fiu-ther
then the Boundarys expressed in the Patent, and those
Boundarys cannot be construed to extend further North-
wards along the River Merimack, then Three EngHsh Miles.
For the North and South Bounds of the Lands granted so
farr as the Rivers Extend are to follow the Course of the
Rivers, which make the Breadth of the Grant, and the words
describing the length to comprehend all the Lands from the
Atlantic Ocean to the South Sea of and in all the Breadth
aforesaid, do not warrant the over-reaching of those Bounds
by imaginary Lines or Boiuids : Other Exposition would (in
Our humble Opinion) be unreasonable and against the intent
of the Grant.
The Words (of and in all the Breadth aforesaid) shew that
the Breadth was not intended an imaginary Line of Breadth,
laid upon the broadest part, but the Breadth respecting the
Continuance of the Boundarys by the Rivers, as farr as the
Rivers go, but when the knowne Boundary of Breadth deter-
mines, it must be carried on by imaginary lines to the South
Sea.
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 725
And if the Province of Mayn lyes more northerly then Three
Enghsh Miles from the River Merimack, the Patent of 4'°
Car: l""' gives no Right to govern there, and thereupon the
Patent of the same 15° Car. T' to the Petitioner Gorges
wilbe vahd.
So that upon the whole matter Wee are humbly of Opinion,
As to the Power of Government that the Respondents the
Massachusets and their Successors by the Patent 4 Martii
4 Oar: 1°" have such Right of Government as is granted them
by the same Patent within the Boimdarys of their Lands
expressed therein, according to such Description or Exposition,
as Wee have thereof made as aforesaid. And the Petitioner
Sir fferdinando Gorges his Heires and Assignes, by the Patent
3 April, 15° Car: 1™'' have such Right of Government as is
granted them by the same Patent, within the Lands called
the Province of Mayn, according to the Boundarys of the
same expressed in the same Patent.
[The opinion is signed by Ri: Rainsford and Fra: North,
and the Committee's report by Anglesey, Ormond, Bath,
Craven, H. London, G. Carteret, J. WiUiamson, Tho.
Chicheley, and Edw: Seymour. On the reading of the report
on the 18th, it was ordered that objections should be heard on
this day.J In pursuance whereof all Partys attending with
their Council), who not aUeaging any thing so materiall as
to prevayle with his Majesty and the Boord to differ in
Judgement from the said Report, His Majesty was pleased
to approve of and confirme the same. And did Order, That aU
Partys do acquiesce therin, and contribute what lyes in them
to the punctuall and due Performance of the said Report, as
there shalbe occasion, I'P- '^^- H !•]
[C.S.P. V. 353.]
[1160.] Whitehall, 20 July :
Whereas it hath been represented to his Majesty inMa^B^^^"^^
Councill, That the Corporation of the Massachusetts Bay in
New England do take upon them to make Laws contrary to the
Power given them by their Charter, and to cause the same to be
726 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
executed to the diminution of his Majestys Royall Authority, and
the great Greivance and Oppression of his Subjects inhabiting
those parts. It was thereupon Ordered by his Majesty in Councill,
That Sir ffrancis Winnington his Majestys SoUicitor Generall
do inspect the Laws made by the said Corporation of the
Massachusets Bay and examine how far they agree with the
Powers given them by their Charter, And what variations
or Differences he shall find therein to report to his Majesty
in Councill mth his opinion thereupon. And it was further
Ordered, That the Agents for the Corporation of the Massa-
chusets Bay do forthwith attend his Majestys SoUicitor with
true Copies of their Charters, and of aU the Laws there enacted,
and in force in that Corporation. [p. 80. ^ 1.]
[1161.1 Whitehall, 20 July:
Tobacco [A Commission to Charles Osborn and Giles Dunstar Esqres
Surveyors General of the Customs to destroy tobacco planted]
in and about Winchcomb in Gloucestershire, and other parts
of that County, as also in the Countys of Worcester, Hereford,
Warwick, Yorke, Lincolne, Nottingham, and places adjacent,
to the great prejudice of the Navigation of this Kingdome,
Hinderance of his Majestys fforrain Plantations and Customes,
and losse of the Trade of that Comodity to other parts.
[A letter to the Duke of Monmouth follows, directing him
to send a troop of horse to assist in burning, plucking up, and
destro3dng any such English-grown tobacco.]
[pp. 80. ^ 2 and 81. ^ 1.]
[1162.] Whitehall, 24 July :
West Indies. [After a full hearing of counsel as to the case of the ship
Virgin, the matter is referred to Sir Richard Lloyd Surrogate
to the Judge of the Admiralty, and to the rest of his Majesty's
counsel learned in the civil law, to examine all previous
proceedings, and to report in writing how far under the
existing treaty with Spain they consider letters of reprisal
will lie.
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 727
Mr. Secretary Coventry is ordered to] write to Sir William
Godolphin, his Majesty's Ambassador at the Court of Spain.
Requn-mg him to acquaint that Court how his Majesty is
pressed m this Case, and that the Petitioners having made
out that none but the Court of Spain are chargeable and
ought to be responsible for the said Injurys and Losses, and
that he do vigorously insist for satisfaction, and let them
know His Majesty hath under his Consideration the Granting
of them Letters of Reprizall, and must give effectuaU Order
therein, if speedy Justice be not done them.
Ip. 84. IfTI 2-3.]
[1163.] Whitehall, 21 September:
[On the petition of Thomas Martin, Receiver of Duties and Jamaica.
Impositions in Jamaica, kept out of his office and imprisoned
without bail or mainprise by Lord Vaughan, the Committee
recommend that, as the Earl of Carhsle is not yet ready to
depart for that government, letters be sent to Lord Vaughan
and the officers concerned directing them to release the peti-
tioner and permit him to enjoy the right of his Majesty's
letters patents without any molestation whatsoever. The
Council approve the recommendation and order such a letter
to be written expressing his Majesty's displeasure with the
conduct of the Assembly and Governor in fining and imprisoning
an officer so qualified by his Majesty's Broad Seal, and
requiring] a further accompt from his Lordship touching the
extraordinary Proceedings of this whole affair.
[p. 112. ^ 1.]
[C.S.P. V. 410.]
[1164.] Ibid.
[Sir Richard Lloyd and Sir Thomas Exton make a f uU ^rada *'°°
report as to the Virgin, recapitulating previous notices of the
case, and bringing out some new points :] in July 1673 . . Sir
Thomas Linch thereupon ordered Captain Rurfield to go, in
your Majestys Ship the Portland to the Havanna, and Demand
Restitution, and satisfaction of the Gouernor there, who
answered. That he must go to the Crown of Spain to require
it, and then the said Gouernor went to the Court of Admiralty
and demanded of the Judges of the said Court their reasons.
728 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
wherefore they had not condemned the said Ship, and her
lading, to which some of the said Court answered that they
knew not how to justifie the condemning of her, because there
was then and at the tyme of her Capture a Peace betwixt
the Crowns of England and Spaine wherto the Gouernor
replyde ; let not that trouble you, I will answer it, for I am
King of this Place ; and thereupon comanded them to proceede
to the Condemnation of her, whereupon the said Ship and her
lading were accordingly Condemned and sold as Prize .
before [Cooke] came from Madrid and after the receipt
of the aforesaid order. The Queen gave him a dispatch for the
Havanna bearing date the 2nd of July 1675 thereby declaring,
that plenary restitution ought to be made to the said Edmond
Cook of the value of the Prize, excepting the value of the
Campeche wood, notwithstanding the Confirmation of the
said sentence by the Councill of the Indies, and her appro-
bation of it, by the Scedula of the 19th April 1674, she therby
giving the 5th to the Privateer which by the Commission or
Dispatch above mentioned, is declared to be null and voyd.
. Having out of the Papers, and Orders that were
brought to us. Deduced with as much brevity as wee could the
foregoing narrative of all the Proceedings that have been in
this Case. It is our hunible opinion. That in regard your
Majesty hath but newly received satisfaction, that the
Government of Spain is responsible for the Injuries above
mentioned. It will be proper for your Majesty to command
that a Copie of this Narrative be sent to your ambassador to
present to his most Cathohque Majesty that he may see the
severaU Instances that have been made from tyme to tyme,
and to order him to require reparation, and satisfaction to
be made within six months from the Delivery thereof. This
wiU put the question out of dispute, whether the Methods
prescribed by the Treaty between both Crowns have bin
punctually observed, and made the Demand of justice most
fully Compleat, and then your Majesty may both by the
Law of Nations, and the aforesaid Treaties grant to the
Complainants letters of Reprizall . . August 17, 1677.
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 729
[A copy of the report is ordered to be sent to the Ambas-
sador at Madrid, with instructions to press the Spanish Court
for satisfaction.] But as to the way of Redresse in the said
Report specified, the said Ambassador is not at present, to
insist thereon, or to make further use of the said opinion,
then for his own particular information herein.
[pp. 113-5.]
[1165.] WhitehaU, 21 September :
[The six ministers going to the Leeward Islands are to be Leeward
allowed 20L each for the charges of their transportation, ^'^^°'^''
the money to be paid by the Lord High Treasurer to the
Bishop of London for their use without account and clear of
any fees to be paid thereout by the said ministers, an
additional 6Z. being allowed therefor.] [p. 116. "[I 1.
[C.S.P. V. 411]
[1166.] Ibid.
Richard Payne setting forth, that having been Deputy Barbados.
Escheator of the Island of Barbados, he caused a Jury to be
summoned to Enquir for his Majesty touching the Estate
of James De field an Alien, John Downel, and An his sister
dying without heires, and Francis Adgate that hang'd himself,
whose Estates are Escheated to his Majestys Crown by Virtue
of severaU offices therupon found, and severall Negro Slaves
of the said Defield were seized to his Majestys use, and com-
plaining of the severe usage of Samuel Farmer Esqre. Judg
of the Comon Please in the Precincts of St. Michael in the
said Island who caused the Petitioner to be closely imprisoned
on the account of Colonel Henry Wakond who pretended a
Right to the Estate of Defield, and praying Relief, [it was
ordered that a copy of the petition be sent to Sir Jonathan
Atkins for examination and report how the law stands there
in the case]. [p- 121. H 2.]
[1167.] Whitehall, 19 October:
[The Committee report] :— Wee having this day met about Virginia.
the affaires of Virginia, and reading the Petition of Sarah
730 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
Drummond the wife and Relict of William Drummond late
Inhabitant in that Plantation, setting forth, That her said
husband was, after the late RebelKon there, taken, stript, and
brought before Sir WiUiam Berkeley, your Majestys then
Governor there, and by him immediatly (though in time of
Peace) was, without laying any thing to his charge. Sentenced
to dye by Marshall Law (although he never bore Armes or
any Military office) not being permitted to answer for him-
seKe, or reserved to Tryal, according to the known Laws of
this Your Majestys Kingdome; but within four hours after
Sentence, being hurried away to Execution, by the Governors
particular Order, who, before that time (upon some Privat
grudge) had vow'd that the Petitioners said husband should
not live one houre after he was in his power. That although
the said Sir Wilham Berkley did invest the Widdows of all
the Rebels, that were either killed or executed, in their hus-
bands Estates, nay, even the Widdow of that grand Rebel
Nathaniel Bacon the only person excepted by your Majestys
most gracious pardon ; yet soe great was tiie said Governors
inveteracy against your Petitioners husband, that he not only
took away his hfe, but caused his small Plantation to be seized,
and given to himselfe, by the Councill, his Goods to be
removed, and imbezled, and forced the Petitioner with her
five poor Children, to fly from their habitation, and wander
in the Deserts and woods, tiU they were ready to starve. But
at the arrival of your Majestys Commissioners (upon giveing
Security) the Petitioner was, by their charitable compassions,
re-invested in the said Plantation, and a small remainder of
her said husbands Personal Estate untiU such time as your
Majestys pleasure should be known, without which shee and
her five children must inevitably have perished. And there-
fore humbly prajdng, since her said husband was sentenced
and put to death to contrary to the I^aws of this Kingdome,
and since your Majesty was graciously pleased to grant him
your pardon (among many others) in case he had been culpable.
That you would vouchsafe to Order the Petitioner to be
Restored unto, and confirmed in, \\hatever Estate was soe
1677.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 731
taken from her husband as aforesaid; particularly to her
said Plantation, and the Crop now upon it, and that the
Securityes given to abide your Majestys pleasure may be
cancell'd and given up.
Wee having discoursed with Sir John Berry and CoUonel
Morrison touching the truth of the Petitioners Allegations ;
and finding the case, in all the parts thereof to be very deplor-
able. Wee cannot but recomend it to your Majestys Grace and
favour, to send Orders to Collonel Jefferies the Lieutenant
Governour, and to your Majestys Councill there. Requiring
them to give all sort of assistance, for the quieting the Peti-
tioner in the Possession of all shee hath and enjoyment of the
present Crop, As alsoe in the Recovery of what hitherto she
is not restored unto, or the value thereof in whose hands
soever the same may be found. But forasmuch as the case
of the Petitioner and her said husband will fall under a
generall rule that must comprehend this, and many other
like cases, which is not hitherto. Sufficiently considered off.
Therefore wee doe only propose this as a temporary ReUefe
unto the Petitioner. Soe that, as to the last part of her
prayer we doe not advise your Majesty to the cancelUng of
such Security as she hath given ; but rather that shee might
give further Security (such as the Lieutenant Governour and
Councill shall think fit) for what else may be recover'd and
restor'd unto her, and soe to remain untiU shee receive your
Majestys final determination Upon the whole matter.
[The report, signed by Finch C, Craven and Williamson
was approved, and letters ordered to be sent to Virginia in
accordance therewith.] [pp. 133-5.]
[1168.] Whitehall, 19 October :
[The Committee report] : — Among other the Affaires of Virginia.
Virginia, which this day came before us, wee have perused
the Petition of Richard Booth Esquire, Samuell Story, Samuel
Claphamson, and Wilham Paggin of London Merchants Setting
forth, That about the Month of July 1676, they did lade on
732 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
board the ship Richard and Elizabeth of London (Nicholas
Pryn Commander) divers Goods and Merchandizes, the par-
ticulars whereof are contained in a biU of Lading and Invoice
(sworne unto and annexed unto their said Petition) upon
the account following, vizt.. One Fourth part thereof for
the account and risque of the said Richard Booth ; and
Samuell Story, [J for Claphamson, J for Paggin, and J for
William Hunt,] their Agent in Virginia, to whom the whole
was consigned. That, on the arrival of this ship in Virginia,
the said Goods (upon supposition that they were all belonging
to the said Hunt, and that he was ooncerned in the RebeUion
there) were seized and taken into the hands of Sir WUliam
Berkley, your Majestys then Governour there, as by a Note
under his own hand, produced to Us, doth appeare : [and
because | of the goods belong to the petitioners, and as Hunt]
was never convicted (nor soe far as they know ever guilty)
of any crime wherby his fourth part should become forfeited,
That the Petitioners may have aU the said Goods restored
to them in specie, the said Hunt being justly indebted unto
them a far greater Summe then his fourth part amounts to)
or at least the Three ffourths of them. [And that if the goods
have been embezzled or disposed of, that the Governor and
Council may have directions to assist the petitioners to
recover the value thereof from all concerned in the disposal
of them.]
Sir John Berry and Colonel Moryson affirming that there
appeared] noe manner of reason why Sir WiUiam Berkley
had seized the said Goods, For that the said Hunt was not
guilty of any misdemeanor, and that he dyed ten weeks
before the death of Bacon, [and Berkeley's seizure of the goods,
except a parcel of soap and one small runlet of brandy,
being proved by an acknowledgment under his own hand,
it is recommended that the petition be granted and the goods
or their value restored so far as shall be found possible.
This report is approved, and a letter ordered to be sent
to the Lieutenant Governor and Coimcil of Virginia accord-
ingly.] [PP- 135-7.]
[C.S.P. V. 407, II. J
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 733
[1169.] Whitehall, 19 October :
[The Committee report that, in accordance with an Order Virginia.
of 23 September, they have examined the articles of peace
concluded by the Lieutenant Governor of Virginia with the
Indian Princes — i.e., with the Queen of Pamunkey, the King
of the Nottoways, John West son of the Queen of Pamunkey,
the Queen of Waonoke, and the King of the Nancimond Indians.
On consideration of the twenty-one articles of the treaty,
and consultation with Sir John Berry and Colonel Moryson,
late his Majesty's Commissioners in Virginia, and with several
merchants and planters, the treaty appears to the Com-
mittee to be for the service of his Majesty and the security
of his subjects, and they recommend accordingly that it be
printed and that copies be sent to Virginia for the better
pubUcation and observance thereof. In printing, the style
of the Lieutenant Governor should be amended to make it
more suitable to the character given him by his Majesty's
Commission : " included " should be read for " concluded "
in the 20th article, and " in " is defective in the second article
to make it sense.
The report, dated 19 October and signed by Anglesey,
Essex, Craven, and WiUiamson, was approved and the
Articles ordered to be printed as amended.]
Articles of Peace Betweene the most mighty Prince
and Our Dread Soveraigne Lord Charles the Second by
the Grace of God King of Great Britaine, France, and
Ireland, Defender of the ffaith, &c. And the severall
Indian Kings and Queens, &c. Assenters and Subscribers
hereunto. Made and Concluded at the Camp at Middle
Plantation the 29th day of May (1677) being the Day
of the most happy Birth and Restauration of Our said
Soveraigne Lord, and in the 29th yeare of his Majestys
Reigne. By the Right Honourable Herbert Jeffreys
Esquire Governour and Captain Generall of his Majesties
Colony of Virginia.
734 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
T^ i rri, XT 1,1 ( Si"" Jo^ Berry
Present Ihe Honourable j _, . ,,
( J^rancis Moryson Esqr.
his most sacred Majestys Commissioners appointed
under the Great Scale of England for the affairs of
Virginia
and The Honourable Councill of State of the said
Colony.
Whereas his most Sacred Majesty hath of his owne Royall
Grace and meere motion Intrusted to my care and Endeavours
the Renewing Management and Concluding a Good Peace
with the Neighbour Indians In Order whereunto (with the
advise and assistance of the Honourable Sir John Berry
Kjiight and Francis Moryson Esqr) I have caused to be drawne
up these ensviing Articles and Overtures for the firme
grounding and sure EstabKshment of a good and just Peace
with the said Indians. And that it may be a secure and
lasting One (founded upon the Strong Pillars of Reciprocall
Justice) by confirming to them their just rights, and by
redresse of their wrongs and Injuries ; that soe the Great
God (who is the God of Peace and lover of Justice) may
uphold and prosper this our Mutuall League and Amitie,
It is hereby Concluded, Consented to and Mutually Agreed
as followeth.
1. First, that the respective Indian Kings and Queens doe
from henceforth acknowledge to have their imediate
Dependancy on, and owne aU Subjection to the Great King
of England, Our now Dread Soveraigne, his heires and suc-
cessors, when they pay their Tribute to the Right Honourable
His Majestys Governor for the time being.
2. That thereupon the said Indian Kings, and Queens, and
their Subjects shall hold their lands, and have the same con-
firmed to them and their Posterity by Patent imder the scale
of this his Majestys Colony, without any fee, Gratuity or
Reward for the same in such sort and in as free and firme
manner as others his Majestys subjects have and enjoy their
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 735
lands and possessions, Paying yearly for and lieu of a Quit-
Rent or acknowledgement for the same, onely three Indian
Arrows.
3. That all Indians who are in Amity with Us, and have
not land siifiicient to Plant upon, be (upon information) forth-
with provided for and land laid out and confirmed to them
as aforesaid, never to be disturbed therein, or taken from them,
soe long as they owne, keepe, and mainteyne their due
obedience and subjection to his Majestic, his Governor and
Government and Amity, and friendship towards the EngUsh.
4. Whereas by the mutuall discontents, complaints,
jealousyes, and fieares of Enghsh and Indians occasioned
by the violent Intrusions of divers Enghsh into their Lands,
forcing the Indians by way of Revenge to Kill the Cattle
and Hoggs of the Enghsh, whereby Offence and Injuries
being given and done on both sides the Peace of this his
Majesties Colony hath been much disturbed and the late
unhappy Rebellion by this meanes (in a great measure)
begun and fomented, which hath involved this Country
into soe much Ruine and Misery). For prevention of which
Injuries and eviU Consequences (as much as possibly wee
may) for time to come ; It is hereby concluded and Estab-
hshed that noe English shall Seate or Plant Nearer then
three miles of any Indian Towne, and whosoever hath made
or shall make any incroachment upon their Lands shall be
removed from thence and proceeded against as by the former
Peace made when the Honourable Collonel Francis Moryson
was Governor and the Act of Assembly grounded thereupon,
is provided and Enacted.
5. That the said Indians be well Secured and defended in
their Persons, Goods, and Propertyes against all hurts and
injuries of the Enghsh, and that upon any breach or violation
hereof, that the aggrieved Indians do in the first place repare
and a'ddresse themselves to the Governor acquainting him
therewith (without rashly and suddainly betakeing them-
selves to any hostile course for satisfaction) who will inflict
736 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
such punishment upon the wiUfuU infringers hereof as the
laws of England or this Country permitt, and as if such hurt
or injurie had been done to any Enghsh man ; which is but
just and reasonable they owneing themselves to be under
the AUiegeance of his most sacred Majestie.
6. That noe Indian King or Queene be imprisoned without
a Speciall Warrant from his Majestys Governour and two of
the Councill, and that noe other Indian be Imprisoned without
a Warrant from a justice of Peace, upon sufficient cause of
Committment.
7. That the said Indians have and enjoy their wonted
conveniencies of Oystering, Fishing, and gathering Tuchahoe,
Curtenemons, Wild Gates, Rushes, Puckoone, or any thing
else (for their NaturaU Support) not useful] to the English,
upon the Enghsh Dividends : Always provided they first
repare to some public Magistrate of good repute, and informe
him of their Number and busines, who shall not refuse them
a Certificate upon this or any other Lawfull occasion, soe that
they make due retume thereof when they come back, and
goe directly home about their busiaes without wearing or
carrying any manner of Weapon or lodging under any English
mans dweEing-house one Night.
8. That noe iforraigne Indian be suffered to come to any
Enghsh Plantation without a friendly neighbor Indian in
his Company (with such Certificate as aforesaid) and noe
Indian King is to refuse to send a safe conduct with the
fforraigner upon any Lawfull occasion of his coming in, and
that noe Indian doe paynt or disguise themselves when they
come in.
9. That all Indian Kings, and Queens (Tributary to the
Enghsh) having Notice of any March of strange Indians neere
the Enghsh Quarters or Plantations doe forthwith repare to
some one of the next Officers of the Mihtia, and acquaint
him of their Nation, Number and designe, and which way
they bend their course.
1677,] ACTS OP THE PRIVY COUNCIL (COLONIAL). 737
10. That if necessary a convenient party be presently sent
out by the next Colonell of the Militia to aid, strengthen,
and joyne with our friendly Indians against any fforraigne
attempt, incursion or depraedation upon the Indian Townes.
11. That every Indian ffit to bear Armes of the Neighbouring
Nations in Peace ^vith us, have such Quantity of Powder and
shott allotted him as the Right Honourable the Governor
shall thinke sufificient on any occasion, and that such Num-
bers of them be ready to goe out with Our fforces upon any
March against the Enemy, and to receive such pay for their
good services as shall bee thought fit.
12. That each Indian King and Queene have equaU Power
to Governe their own People and none to have greater power
than other Except the Queene of Pamunckey, to whom
severall Scattered Nations doe now againe Owne their Ancient
Subjection, and are aggreed to come in and plant themselves
under her power, and Government ; who, with her are akoe
hereby mcluded into this present League, and Treatj' of
Peace and are to keepe and observe the same towards the
said Queene in all things as her Subjects, as well as towards
the Enghsh.
13. That noe person whatsoever shall entertaine or keepe
any Neighbouring Indian as servant or otherwise But by
Lycence of the Governor and to bee upon Obligation answer-
able for all Injuries and Damages by him or them happening
to be done to any EngUsh.
14. That noe English harbour or entertaine any Vagrant or
Runaway Indian but convey him home by way of Passe from
Justice to Justice to his owne Towne under penalty of paying
soe much per day for harbouring him, as by the Law for
entertaining Runawayes is recoverable.
15. That noe Indian (of those in Amity with us) shall serve
for any longer time than Enghsh of the like age should serve
l)y Act of Assembly, and shall not be sold as slaves.
738 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
16. That every Indian King, and Queene in the Month of
March every years with some of their great men, tender their
Obedience to the Right Honourable his Majestys Governor
at the place of his Residence wherever it shall bee, and then
and there pay the accustomed Tribute of 20 Beaver-Skinns
to the Governor, and alsoe their Quit Rent aforesaid in
acknowledgement that they hold their Townes and I^ands
of the Great King of England.
17. That due care be had, and taken that those Indian
Kings, and Queens their Great men and attendants that
come on any pubhque business to the Right Honourable the
Governor Councill or Assembly may be accomodated with
provisions and house Roome at the publique charge, and that
noe English Subject shall abuse, revile, hurt or wrong them
at any time in word or Deed.
18. That upon any Discord or breach of Peace, happening
to arise between any of the Indians in Amity with the English
upon the first appearance and beginning thereof, and before
they enter into any open Acts of hostihty or War one against
another they shall repare to his Majestys Governor, by whose
Justice and wisedome it is concluded such difference shall
bee made up and decided and to whose finall determination
the said Indians shall submit and conforme themselves.
19. That for the preventing the frequent Mischief es and
Mistakes occasioned by unfaithful! and corrupt Interpreters,
and for the more safety satisfaction and advantage both of
the Indians and EngUsh, that there be one of each Nation
of our neighbouring Indians that aheady can speake or may
become capable of speaking English, admitted (together with
those of the English), to be their owne interpreters.
20. That the severall Indians concluded in this Peace
doe forthwith restore to the respective Enghsh Parents and
Owners all such Children Servants and horses which they have
at any time taken from them, and are now remaining with
them the said Indians, or which they can make discovery of.
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 739
21. That the Trade with the said Indians be continued,
Liniitted, restrained, or laid open as shall make best for the
Peace and Quiet of the Country Upon which affaire the
Governor will Consult with the Councill and Assembly, and
conclude thereon at their next Meetting.
[The signatures of the five Indian chiefs are appended.]
That the Instrument of Peace being read and expounded
to the severaU Indian Kings, and Queenes then present (at
the Court at Middle Plantations) by Interpreters sworne
truly to performe the same ; the said Indian Kings and
Queenes signed and delivered the Articles to the Honourable
Governour upon their knees, and received that other part
signed and deUvered on behalf of the Kings Majestic in the
same posture of kneeUng, of their Owne accords Kissing the
paper as they transferr'd it from hand to hand to each other ;
untill every one had done the like marke of Reverence to it,
in signe of a most free and joyfuU acceptance of this Peace
concluded with them At the same time Pericuhtah King of
the Appomatucks being then present, did earnestly desire
to bee admitted to the Signing this Peace with the rest, but
he being Suspected and complained of to have comitted
by himseKe or Subjects some Murthers on his Majesties sub-
jects of England, was not admitted or included into this
League at that time, nor is to pertake of the benefit cf this
Peace before, he shall have cleer'd himseK of this Guilt
imputed to him, and comitted since his Majestys Commis-
sioners came into Virginia as they were credibly informed
which Exemption gave the English generall Satisfaction to
find there was soe just Inquisicion made of the blood of their
Slaughter'd Brethren.
John Bery.
Francis Moryson.
[pp. 138-144.]
[C.S.P. V. 445.]
[1170.] Whitehall, 24 October :
[The Committee report] :— Wee have received the Petition Virgima
of John Jefferies Esqr setting forth, That having a considerable
740 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
store of Fial Wines at James Towne in Virginia the
late Governour Sir WilKam Berkley, did by vertue of an
Order, impresse for your Majestys service Twenty Pipes
thereof, which were accordingly dehvered by the Petitioners
Correspondent, at Eight pounds sterhng the Pipe, which was
the lowest rate they had been sold at.
That after the said 20 pipes of wine were expended in the
public service, the Petitioners said Correspondent (John
Paget) did petition the Assembly for payment, whereupon
there was allowed unto the Petitioner Si. for two of the said
Pipes dehvered unto Sir WiUiam Berkley : and for the
remaining Eighteene was adjudged only U. per pipe upon
pretence that they were taken out of the Towne for the public
account, and soe saved from the fire which would otherwise
have consumed them ; And therefore praying for releife
against the determination of the said Assembly, and that he
may be paid 8/. for each pipe according to the true and
declared value of the said Wines.
[On conferring with Sir John Berry and Colonel Moryson,
it appears just and reasonable that the petitioner should
receive full payment and satisfaction for the twenty pipes at
the rate fixed for the first two by the Assembly. The order
of the Assembly seems based on insufficient reason, is unjust,
and deserves to be reflected on. The whole debt due to the
petitioner for the twenty pipes will be 160/., and as there is
at present in the hands of Mr. Gawen Corbin a sum of money
raised by the Assembly of Virginia for several pubhc uses,
the debt may be ordered to be paid from this sum.
The report is approved, and Mr. Corbin ordered to pay
160Z. to Mr. Jefferies, the present Order and Mr. Jefferies'
receipt to be a sufficient discharge for so doing.]
[p. 148. II 2.]
[CS.P. V. 455.]
[1171.] Whitehall, 24 October:
Navigation [The Committee present] A Draught of a Commission for
the Governours of his Majestys Plantations to take the Oathes
Acts.
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 741
Enjoyned by the statutes made in the 12th and 15th yeares
of his Majestys Reigne, and Ukewise a forme of the said
Oath. [The documents (together with drafts for swearing
Sir J. Atkins and Colonel Stapleton as Governors of Barbados
and of the Leeward Islands respectively, and of a commission
for Col. Stapleton to swear all deputies under him) are
approved by the Council, and biUs ordered to be prepared
for his Majesty's signature in order to the passing the said
commissions under the Great Seal of England.]
[p. 150. II l.J
[C.S.P. V. 454.]
[The commission for administering the oaths] : Charles the
Second by the Grace of God, &c : To John Willoughby Esqr,
Henry Drax Esqr, Henry Wahond Esqr, Samuel Newton
Esqr, John Stanfast Esqr, John Peirce Esqr, [empowering
them or any three or more of them to administer to Sir
Jonathan Atkins], Our Captain GeneraU, and Governor in
Cheife, in and over Our Island of Barbados, Sta. Lucia, St.
Vincents, Dominico, and the rest of Our Islands, Colonies,
and Plantations in America, Comonly called, or known by the
Name of the Caribbee Islands lying and being to Windward
of Guardeloupe, A Solemne Oath to do his utmost endeavour
that every the aforementioned clauses [of the Navigation
Acts] and all the matters and things therein contained, shall
be punctually and bona-fide observed according to the true
intent, and meaning thereof. As alsoe to Administer a Solemn
Oath unto the said Sir Jonathan Atkins to do his Utmost
within his said Government To cause to be well and truly
observed what is Enacted in the said Act of Parhament passed
in the 15th yeare of oiu- Reigne. Intituled an Act for the
incouragement of Trade [for which these shall be your
warrant],
[A similar commission for swearing Colonel Stapleton
Governor of the Leeward Islands— who is in turn to swear
his deputies— is issued to Randolph Russell, Francis Morton,
Daniel Lanuthern, John Hughes, John Estridge, and Roger
Eldrintori, Esquires.]
742 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
[The form of the oath to be taken by Governors of Plan-
tations, amended by the Committee is given as in 1080 with
the addition after " execute and performs " of the words
" and cause to bee executed, and performed," and of the
titles of the Navigation Acts of 1660 and 1663.] [p. 150. ^ 2.]
[C.S.P. V. 454 and 466.]
[1172.] Whitehall, 31 October:
West Indies. [It is ordered that Colonel Strode be sent a copy of the
petition of Anne, wife of John Barnes, in behalf of her
husband and other seamen of the Phoenix concerning the
Maria prize, and make answer thereto with all convenient
speed.] [p. 155. If 1.]
[1173.] AVhitehall, 2 November :
Virginia. [Sarah Drummond, rehct and administratrix of WiUiam
Drummond, petitions that besides the goods already ordered,
there be also restored to her] One Trunk with Clothes and
Plate in it fiour Quarter Casks of Brandy and severall pro-
tested BiUs of Exchange, which were seized on board the
ship Francis, and disposed of by Sir John Berry, who was one
of his Majestys late Commissioners for reducing and sethng
the Colony of Virginia . . . Which their Lordships
taking into consideration, and the said Sir John Berry attend-
ing and declaring his readines to restore to the Petitioner such
of the Goods belonging to her Husband as are not disposed
of, and the Product of such as have been sold, Except the
Wines and Brandy, which the said Sir John Berry alleaged
have been disposed of in his Majestys Service, It was there-
upon Ordered by their Lordships That the said Sir John Berry
do . . . cause aU the Petitioners Plate Clothes and
Goods by him seized and remayning unsold, as also BUls of
Exchange to be forthwith restored to the Petitioner But
as to the Wines and Brandys, their Lordships will report the
state thereof to his Majesty in order to receive his further
Pleasure therein. [P- 156- H ^-l
[C.S.P. V. 470.]
1677.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 743
[1174.] Whitehall, 14 November :
[The Board having approved an estimate of 31621. 5s. id. Jamaica.
for the provision and transportation of munitions of war to
be sent to Jamaica to complete the stores sent with Lord
Vaughan on 16 Nov. 1674 to the first proportion, the Lord
High Treasurer is directed to pay the sum named to the
Treasurer of the Ordnance.] [p. 159. f 4.]
[On 28 November the Master of the Ordnance is ordered
to dehver the stores to the Earl of Carhsle, the new Governor.]
[p. 170. ^ 2.]
[C.S.P. V. 479.]
[1175.J Ibid.
[The Committee report] : — -Wee have this day read and Committee
considered the Petition of William Blathwait Esquire brought Plantations.
before Us by your Majestys gracious Reference of the 23d
past, desiring some Augmentation of Salary for his great pains
and apphcation to your Majestys Service in the Busines of
Trade and Plantations
Upon which occasion wee must needs testify unto your
Majesty that his DiUgence is very great, and hath produced
good effect and Benefit unto your Service, and therefore Wee
judge him worthy of Encouragement.
And having upon Examination found, that the Charge of
the Councill formerly erected for this Service, did even in the
ministerial! part, exceed the present Establishment by Two
hundred pounds a year, though the Labour and Progresse
now seems to be very different : Wee cannot but thinke it
fit, that to the Petitioners Salary of One hundred and ffifty
pounds a year, there be added One hundred more, which may
prove a good means to increase the Petitioners Industry, and
also his further Merit in your Majestys Service.
[The report was approved, and 1001. per annum ordered
to be paid to Mr. Blathwayt from Michaelmas last, in addition
to the 150?. already granted him by Privy Seal of 23 June,
1676.] IP- 161. H 1.]
744 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1677.
[1176.] Whitehall, 16 November :
Jamaica. [The Committee are directed to] consider of and prepare
the Draft of a Law for establishing a perpetuall Revenue in
Jamaica for the support and maintenance of the Government
there agreeable to that which was transmitted hither from
that Plantation for his Majestys Royal Approbation about
Two j^ears since, [and to present the same to the Council
with all convenient speed]. [p. 161. ^ 3.]
[C.S.P. V. 481.]
[1177.] Ibid.
Jamaica. [The Committee report on] the present State and Govern-
ment of the Island of Jamaica and particularly such matters
as from the nature of Affairs, as they now stand there, wee
have judged necessary to be recommended unto the Right
Honourable the Earle of Carlisle, whom your Majesty has
been pleased to nominate and constitute Governor of the said
Island. .
The first Point that did occurr as most worthy to be con-
sidered by Us, was the Power and manner of Enacting Laws
for the CiviU Military and Ecclesiastical! Government, And
upon taking a View of what has been practised since your
Majestys happy Restauration in the Legislature, Wee find
that the Methods and Authoritys for the framing and ordeyning
the said Lawes have been only such as were directed by your
Royall Commissions unto your Majestys several! Governors,
or prescribed by the Instructions given them from time to
time. And that as the Constitution and Exigency of Affairs
have often changed, so your Majesty has thought fit variously
to adapt your RoyaU Orders thereunto, And, by the last
Commission given unto the Lord Vaughan, your Majesty was
pleased to empower his Lordship (with the Advice of your
Majestys Council!) from time to time to summon Generall
Assemblys of ffreeholders, who have Authority (with the
Advice and Consent of the Governor and CouncUl) to malie
and ordain I^aws for the Government of the Island, Which
Lawes are to be in force for the space of Two years (except in
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 745
the mean time, your Majestys Pleasure be signifyed to the
contrary) and no longer, unlease they be confirmed by your
Majesty within that time. Having therefore directed Our
thoughts towards the Consequences and Effects, which have
been produced, or may arise from this Authority derived
unto the ffreeholders and Planters, which Wee observe to
have received a dayly Increase by the Resolutions they have
taken lesse agreeable to your Majestys Intentions Wee do
most humbly offer our Opinions, That the Laws transmitted
by the Lord Vaughan (which are now under consideration in
order to be enacted by your Majesty) may be intrusted in the
hands of the Earle of Carhsle, who upon his ArrivaU in the
Island, may offer them imto the next Assembly, that they
may be consented unto as Laws originally coming from your
Majesty. And that for the future no Legislative Assembly
be called without your Majestys speciaU Directions ; but that
upon Emergencys, the Governor do acquaint your Majesty
by Letters with the Necessity of calling such an Assembly,
and pray your Majestys consent and Directions for their
meeting. And at the same time do present unto your Majesty
a scheme of such Acts as he shaU thinke fit and necessary,
that your Majesty may take the same iuto consideration, and
returne them in the forme wherein your Majesty shall thinke
fit, that they be enacted. That the Governor uppon Receipt
of your Majestys Comands shall then summon an Assembly
and propose the said Laws for their consent, so that the same
Method in Legislative Matters be made use of in Jamaica as
in Ireland according to the fforme prescribed by Poynings
Law, And that therefore the present stile of Enacting Laws,
By the Governor Councill and Representatives of the Commons
Assembled., be converted into the stile of Be it enacted by the
Kings most Excellent Majesty by and with the consent of the
Generall Assembly. Wee are further of Opinion that no
Escheats, ffines, fforfeitures or Penaltys be mentioned in the
said Laws to be applyed to the pubHc use of the Island, and
that your Majesty do instruct your Governor to dispose
thereof, for the support of the Government ; as also, that in
746 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
aU Laws for levying of Money and raysing a public Revenue,
the clauses whereby the said Levies are appropriated unto
the public Use of the Island, without any mention made of
your Majesty, or unto your Majesty for the said public use,
are so farr derogatory to your Majestys Right of Soveraignty,
that they ought to be for the future altered, and made
agreeable to the stile of England.
Wee do hkewise offer it unto your Majesty as necessary,
That no Minister be received into Jamaica, without Licence
from the Right Reverend the Lord Bishop of London, And
that none having his Lordships Licence be rejected without
sufficient cause aUeaged, As also that in the direction of all
Church Affaires, the Ministers be admitted into the respective
Vestrys.
And whereas it has upon some occasions proved incon-
venient, that the Members of the Coimcill have been constituted
by your Majestys Commission, Wee are of opinion, that for
the future they be only named in the Instructions of the
Governor, ffor the strengthning of whose Authority under
your Majesty, Wee do offer that he may have Power to suspend
any of the said Members (if he see just cause) without receiving
the Advice and consent of the Councill, As also that none
of the said Members so suspended, or by your Majestys Order
displaced from that Trust, may be permitted to be received
into the general! Assembly.
And whereas nothing can contribute more to the Welfare
of vour Majestys Island, then that all means be found out for
the encrease of Trade, Wee do offer for the Encouragement
thereof, That a Mint be allowed in Jamaica, in such manner,
that no Prejudice do arise unto your Majestys other Dominions,
or that what Bullion is brought from them, may be coyned
here in England Provided, That all such Coynes may bear
yoiir Majestys Royall Superscription, and not be imposed in
payment elsewhere.
[The report is signed by Finch C, Danby, Worcester, Essex,
Craven, Fauconberg, and H. Coventry with Tho. Dolman.
1677.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 747
It was approved, and instructions for Lord Carlisle ordered
to be prepared in accordance with its tenour.] [p. 162.]
[C.S.P. V. 480.]
[1178.] Whitehall, 21 November:
Upon reading this day at the Boord the humble Petition ""^s^*-
of Henry West Planter a Native of his Majestys Colony of
Virginia (now in England) in behalf of himseM and Brother,
Setting forth, That his Brother WiUiam West having been
seduced to accept of a Commission against the Indians under
the late RebeU Nathaniel Bacon, and being sent to by Colonel
Bridger with promise of free Pardon to lay downe his com-
mission, disband his men, and submit himself to the Governor,
He was prevayled upon by the Petitioner so to do, upon the
Petitioners Promise to go with him to the Governor, But so
soon as they had surrendred themselves to Colonel Bridger,
He contrary to his Promise sent them bound to the Governor
Sir William Berkeley, who tryed them both by a Councill
of Warr, and sentenced to Death the Petitioners Brother,
who never acted to the prejudice of any one in Person or
Estate, and the Petitioner who was alwaies loyall, and against
whom nothing could be proved, was after long Imprisonment
sentenced to be transported hither, and forced to give Bond
to his Majestys use to depart by a day prefixed ; which, to
indemnify his Security, he did to the utter ruine of himself
and Wife, and severall small Children . . . And there-
fore Prajdng to be discharged of the said Bond, with Liberty
to returne to Virginia, And that his Majesty of his abundant
Goodnes would extend his Pardon to his said Brother, who
hath since made his Escape out of Prison, He taking the
Oath of Obedience and giving Security for his future good
Behaviour. [The petition regarding WiUiam West is
referred to Lord Culpeper's decision on his arrival in Virginia :
the part regarding the petitioner himself Lord Culpeper is
to examine in England and report his opinion thereon to his
Majesty in Council.] [P- 165. H 1.]
748 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
Virginia.
Virginia.
Jamaica.
Plantation
Trade.
[1179.] Whitehall, 23 November:
[The Council refer to the Lord High Treasurer for examina-
tion and report] the humble Petition of Thomas Sands of London
Merchant Praying Liberty to ship out of Virginia free of the
Impost of that Country 580 Hogsheads of Tobacco for this
Eangdome in hew of the like quantity, which after payment
of the Dutys, he exported from thence in the year 1665, on
the WiUiam and Sarah, John Reeds Comander for London,
and was taken by the Dutch, and utterly lost to the Peti-
tioner : the same being no more then what is allowed of in
England by Act of Parhament for Goods shipped out, and
taken or lost, and alwaies practicable in his Majestys Customes
upon the like occasion. [p. 166. ^ 3.]
[On 24 May, 1678, on the report of the Lord High Treasurer,
the petition is granted, and the Governor of Virginia is required
to give order accordingly.] [p. 343. ^ 2.]
[1180.] Whitehall, 5 December:
[It is ordered that Mr. Secretary Coventry] doe move his
Majesty for his Directions about preparing the Instructions
and other necessary dispatches for the Right Honourable
John Lord Chilpeper as his Majestys Governour of Virginia.
[p. 171. U 2.]
[C.S.P. V. 507.]
[1181.] Ibid.
[On the motion of the Committee his Majesty directs Sir
WiUiam Jones, the Attorney-General, to prepare a draught
of a standing Commission of Oyer and Terminer for the trial
of pirates in Jamaica without term], the cheife officers now
on the Island, and the cheife officers on the Island for the
time being [to be named in the commission]. [p. 171. ^ 4.]
[C.S.P. V. 508.]
[1182.] Ibid.
Upon reading this day at the Board a Letter from Sir
Thomas Morgan Knight, his Majestys Governour of Jersey,
about his having seized the Ehzabeth of that Island, for
1677.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 749
having transgressed the Acts of Parliament Relateing to
Trade and Navigation, in coming to that place directly from
Boston in New England, and Upon reading also the Petition
of Philip Syverot DanieU Janvrin and others, all his Majestys
subjects, and Master Merchants, and others calling themselves
owners of the sayd ship, begging to be heard by his Majesty
in Councill before any Proceedings be had against the sayd
ship : [The Lord High Treasurer was directed to give orders for
the ship to be brought to the port of London to be proceeded
against according to law.] [p. 172. ^ 1.]
[1183.] Whitehall, 7 December:
[The Lords of the Admiralty present an estimate of the Virginia,
charge of the freight of several merchant ships taken up as
men of war into his Majesty's service in Virginia by Sir Wm.
Berkeley, with the charges of the victuals and wages of the
mariners and several soldiers employed in the said ships,
viz. : —
The Ycning Prince, Cap. Robert Morrice,
For freight during four months' employ-
ment 265Z. 11 0
For wages of commander and nineteen
mariners liil. 0 0
For a ton of water cask and a barrel of bay
salt for the fort, 1?. 9 5
The Rebecca, Cap. Thomas Larimore,
Freight for five months and three days .. 338Z. 5 0
Wages of commander and 25 mariners . . 24 IZ. 19 10
Their victuals for said time and victuals
for 80 soldiers for 5 months and 17 days 522Z. 10 9
The Adam and Eve, Cap. Thomas Gardiner,
Freight for four months and 22 days : . . 223?. 16 4
Wages of captain and 15 mariners : . . . . 141Z. 10 6
Their victuals and those of 50 soldiers for
3 months: 203^. 3 2
750 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
The Richard and Elizabeth, Cap. Nicholas Prynn,
Freight for four months : 223Z. 4 8
Wages of master and 17 mariners : . . . . 144Z. 8 0
Their victuals : 64i!. 16 0
In all 2564L 10s. M. The report being approved, the Lord
High Treasurer is to have the sum paid to the Treasurer of
the Navy upon account for the service aforesaid.]
[p. 177. If 2.]
[1184.) Whitehall, 7 December:
Surinam. [Rowland Simpson appeals once more for letters of reprisal]
finding by Deere bought Experyence, that no satisfaction can
be expected, but by a Methode coersive . . . His
Majesty was most Sensibly touched with the consideration
of the Petitioners hard usage and deplorable Case, And being
most willing to doe anything for the Petitioners reliefe that
his Case will reasonably beare was pleased to Declare that he
would effectually insist with the french King upon an ample
Reparation ... [p. 178. ^ 1.]
[1185.] Ibid.
[On the request of the owners, the case of the Thomas and
Mary, similar in all respects to that of the Virgin (cf. 1164),
is referred to the High Court of Admiralty for examination
and report.] [P- 180. T| 1.]
[1186.] Whitehall, 12 December :
Virginia. . . Thomas Gardiner late Commander of the ship Adam
and Eve, Setting forth that he was comanded by Sir WiUiam
Berkeley late Governour of Virginia to use his utmost En-
deavours for the apprehending the late Rebell Bacon. That
in pursuance of that comand, he did seize the said Bacon
with 40 other Armed men in a sloope in James River, and
delivered them all prisoners to the Governour at James Towne
in Virginia, That the Petitioner presently after was comitted
to prison till he should pay 701. which by an order of the
then Assembly was charged upon him for the loss of the said
Bacons sloope which perished on the shoare by the neglect
Plantation
Trade.
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 751
of others. That the Petitioner continued Prisoner till the
Governor returned from Accomacke, At which time, he with
his ship and Company were commanded by the said Sir
WilUam Berkeley to attend his further Orders, And that he
continued in that service from the begining of that RebelUon
till the arrivall of Sir John Berry and CoUonel francis
Morrison (two of his Majestys late Commissioners there) as
by a Certificate under their hands may appeare, And there-
fore praying her Majesty to give such orders for his satisfac-
tion for the time aforesayd, as His Majesty shall thinke fit
(the Petitioner having lost the Command of the sayd ship by
his being so long in his Majestys Service. His Majesty was
gratiously pleased to condescend to his reasonable request.
And that he may be satisfyed according to his merit, was
pleased to referr the Petitioner to [the Admiralty, who are]
ordered to consider what summe to allow him for the hire
of the Ship and what rcAvard for his good Service and report
their opinion to his Majesty in Councill, who wiU thereupon
declare his further pleasure. [p. 188. ^1.]
[C.S.P. 619. ni.]
[1187.] Whitehall, 12 December :
[Thomas Grendon of Virginia represents that his late Virginia.
petition, which was referred by the Board to Lord Culpeper,
requires speedy justice,] and the arrivall of Lord Culpeper
being as yet uncertain, and for that it may be late before he
depart hence to the Government. . . . Therefore pray- " Memoran-
ing that his case may be Referred to his Majestyes Lieutenant ^he^^k* order
Governour at present Resideing at Virginia, or to his Majestyes ^^^j'^^^j^^g^
Governour, who shall after arrive, or be upon the place, That was given
so the Petitioner may meete with no delay of Justice, [the of William
request was granted and the case referred to Col. Jeffreys, the yS^n^l"
Lieutenant Governor, or Governor there for the time being.]
[p. 189. H L]
[1188.] Whitehall, 14 December :
[PhiKp Siveret and Daniell Janvrin petition that the case ^,J^^*^*i°''
of the Mizabetk of Jersey be not called up to the Exchequer
752 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
"Memoran- Court in London, as they are ready to make proof of the
dum: that ^ ^ r
this order passes granted for the voyage to and from New England and
"aken^o'Irt would be put to great expense by having to bring the vessel
Day were^''* *° London. The petition was rejected and the case referred
entred, It to the Court of Exchequer.] fn. 191 Tf 2 1
wa.s forced ' ''
to be Entred
here ' ' — i.e.
under date
12 December ("iigg.] Whitehall, 22 December :
Virginia. [Otto Thorpe of York County, Virginia, representing that]
notwithstanding the Petitioners constant adherence to his
Allegiance and his Majestys Service there against the Rebells, [he]
has been the greatest sufferrer of any body, loosing above 1200^.
by plunder, and himselfe and Wife imprisoned by them for
refuseing to take up Armes with them, and after that Sir
William Berkeley seized the remainder of his poore Estate
and particularly 12 hogsheads of sweetsented Tobacco, which
he maked, as for his Majesty, but sent them into England
for his owne use and after that seized 400?. worth of goods of
the Petitioner then newly arrived in the ship Planters
Adventure there, and the Petitioner having taken freight for
120 hogsheads, and having no Goods to Comply therewith,
was advised to make a Composition with Sir WiUiam Berkeley,
and was forced to forgive him a just Debt of 911. aud gave
him a Bill to pay him 100^ more in England, and therefore
begging a restitution of his Goods so unjustly taken from him.
His Majesty being very sensible that many of his poore sub-
jects there, must necessarily have sufferred many hardships
in that Calamitous time, and desiring they may be Restored
to all they can justly lay a claime to, [referred the case to
the Committee for examination and report]. [p. 212. ^ 1.]
[C.S.P. V. 528.]
[1190.] Ibid.
Virginia. [On the petition of William Mumford of London, merchant,
the Council also refer to the Committee the similar case of
Alexander Walker of Virginia planter, from whom Sir William
Berkeley seized his whole crop, 23 hogsheads of sweet-scented
1677.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 753
tobacco, in January 1677, while the country was at peace,]
the said Walkers offence being only the takeing Bacons un-
lawfuU Oath (which he was forced to by threates) and having
layd hold of his Majestys most gratious pardon and therefore
begging he may enjoy the benefit thereof and have a resti-
tution of those his Goods, so unlawfully taken from him.
[p. 212. ^ 2.]
[C.S.P. V. 534.]
[1191.] Whitehall, 22 December :
His Majesty being very desirous to have the Petitioner Virginia,
restored to whatever may have been unjustly taken from him
in the hiury and distraction of the late Rebellion there [also
refers to the Committee] the humble petition of Sands Knowles
of Gloucester County in Virginia, with the Papers annext,
begging a Restitution of his Estate there, plundered from him
by one Robert Beverley the 20 of Oct: 1676, and to afford
such other remedy to him, as to his Majesty should seeme
meete. [p. 213. ^ 1.]
[C.S.P. V. 533.]
[1192.] Ibid.
[Another petition similarly referred is that of Elizabeth, Virginia.
widow of WilHam Dudley senior, late of Middlesex County,
Virginia, for lierseK and her three sons James, Thomas, and
WiUiam. William Dudley senior was] not only forced to
take but to administer Bacons unlawfull oath, which he did
in no other manner, but with a salvo to his Allegiance to his
Majesty. After his Majestys gratious Pardon was published,
before the Petitioners Husband could obtain the benefit
thereof. Sir William Berkeley forced from him a Bill obligatory
to pay him 15 hogsheads of Tobacco, which he seized as for
his Majesty, but after converted them to his own use and
sent them into England; [thus depriving Dudley of the
benefit of the pardon and his family of all they had to Uve
upon]. [P- 213. H 2.]
[C.S.P. V. 529.]
48
754 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1677.
Jamaica.
Newfound-
land.
[1193.] Whitehall, 22 December :
[Thomas Martin, Receiver of Duties in Jamaica, having
recapitulated the proceedings in his case against Lord Vaughan
and complained that he is still detained a prisoner, petitions]
that his Majesty would be gratiously pleased to recomend the
Petitioner to the particular regard of the said Earle [of
Carlisle] so that upon his Arrival] in Jamaica the Petitioner
may be effectually releived, And that he may not only be
restored to his said office, but may be Encouraged in the
due Execution thereof, and in the recovery of its profits,
dureing his suspention, with damages for his unjust Imprison-
ment, and great Expences : [the petition was granted and
Martin's case recommended to the Earl of Carhsle].
[pp. 214-5.]
[C.S.P. V. 536. I.]
[1194.] Ibid.
[Upon reading a report of the Committee dated the 18th
instant] in favour of the late Patent for the Encouragement
of the fishing Trade at Newfoundland, and also a Petition of
the Inhabitants of that Island, Setting forth that the Peti-
tioners auncestors being setled in the said Island, and lived
there severall yeares under certain Lawes and Orders, formed
to them by Patents from his Majestyes RoyaU Auncestors,
and accordingly setled there Avith their familyes to the Number
of IfiOO persons. That in the 27th yeare of his Majestyes
Reigne a Patent was obtained by severall persons here in
England, unknown to and without the privity of the sayd
Petitioners which is not only contrary to the Lawes and
orders which his Majestyes auncestors formerly constituted,
and the said Petitioners have hitherto Lived under, but abso-
lutely destructive to the Petitioners and their familyes, and
which (should it proceed) would prove the certain loss of the
sayd Island That assoon as the Petitioners had notice of
this Patent, they did humbly beseech this Majesty to set it
aside. And several Reports having been made to his Majesty
how absolutely necessary it is, That the sayd Inhabitants be
1677-8.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 755
there continued, and thereupon his Majesty suspended the
Execution of the sayd Patent, till further order should be
made upon the full hearing of the sayd Cause, and they did
also further petition his Majesty to have a Governor Minister
and forts there setled and appointed for their security and
proposed to maintain them at their ow-n Costs, Which Petition
lyes still before his Majesty undetermined, and that the
Persons concerned in the last Patent have petitioned his
Majesty to confirme a certain Clause therein. Which should it
be granted would be not orJy to the ruine of the Petitioners
and familyes, but the loss of the sayd place. And therefore
praying his Majesty to suspend the granting of any order
upon the said Request untill the Petitioners are further heard
therein : [The business is ordered to be heard " the second
CounceH Day after Twelve Tide," when all concerned are to
attend]. [p. 217. ^ 1.]
[1195.] Whitehall, 16 January :
[On hearing the Newfoundland planters and the Adventurers Newfound-
of the Western Towns trading thither for fish, " concerning
the Patent granted to the said merchants, forbidding the
transportation of other persons to Newfoundland, then such
as are of the ships Company," the whole matter is referred
to the Committee, who are to report further] in order to such
a Regulation between the Adventurers, and the Planters, as
may consist with the preservation of his Majestys Interest in
that place, and the encouragement of Navigation in the
Fishing Trade, And that no disturbance may be given to the
said Inhabitants Upon pretence of the said Patent untill
his Majestys pleasure shalbe further known herein.
[p. 224. II 3.]
[1196.] Whitehall, 18 January :
[The following report from the Committee is approved and Virginia and
TTT , . .1 J.1 • Maryland.
orders given accordingly] : — We have, amongst other thmgs
relating to the safety of your Majestys Plantations, considered,
how important it is, that a good and firm peace be maintained
756 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
between the native Indians, and your Majestys Subjects
there, and that Wee might the better Understand what Measures
have been taken on all sides for procuring therof, Wee have
bin attended by the Right honourable the Lord Baltimore
Lord Proprietary of Maryland, and from him wee have
received good assurances by Letters, and otherwise, that all
due care, and tender regard has bin had in Maryland, that
Virginia, and other Neighboring plantations, might be included,
both in the Peace formerly made, and now making with the
bordering Indians. But on the other side. Wee do not observe
that in the late Peace concluded with the Indian Kings and
Queenes in Virgim"a, anj^ mention is there made of the Province
of Maryland, or any other Enghsh Colony. Wee are therefore
most humbly of opinion, that a letter be written unto Herbert
Jeffries Esqr, your Majestys Lieutenant Governor of Virginia,
directing him to use aU effectuall meanes to comprehend,
as well within the late Peace, made with the Indians, as
in all other Treaties of Peace or Truce, to be negotiated by
him hereafter, not onely the said Province of Maryland, but
all other neighboring Colonies of your Majestys subjects.
H. Coventry. J. WiUiamson. J. Ernie.
Councell Chamber, the 18th
of December, 1677.
[p. 226. 1] 1.]
[C.S.P. V. 580.]
[1197.] Whitehall, 18 January :
[The Committee report on the case of Captain Gardiner,
recounting the facts as akeady given (c/. 1185), and
recommend by way of compensation] That wheras there is
at present in the hands of Mr. Gawen Corbin merchant of
London a sum of money raised by the Assembly of Virginia
for severall pubhque uses relating to that Colony, Your Majesty
may please to order the said Gawen Corbin to pay therout
unto the said Thomas Gardner the summe of lOOZ. sterling
as the most speedy and equitable manner of satisfaction which
can be proposed for his releif. [The report is approved, and
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 757
orders given in accordance therewith : while the hond which
Gardiner was forced to give to Nathaniel Bacon the younger
is vacated as forfeited by law to his Majesty.]
[p. 227. 1| 1.]
[CS.P. V. 578.]
[1198.] WhitehaU, 18 January :*
[The Committee report] : — Wee have in obedience to your Virginia.
Majestys gracious Referrences, and Orders at diverse times
signified unto Us, taken into Consideration several! letters.
Papers, and narratives concerning your majestys Colony of
Virginia, as they were transmitted unto the Right honourable
Mr. Secretary Coventry by Colonel Jefferies, Sir John Berry,
and Colonel Morison, your Majestys late Commissioners for
the affaires of Virginia, And although Wee have not been
able as yet, to go through all the parts of this so weighty
busines, and to lay before your majesty a true and entire
state of that Country, with Our humble Opinions what Means
may best Conduce to a perfect Settlement and security therof .
Wee have nevertheles taken a View of such matters, as by their
nature and importance, are like to have the greatest influence
upon the Welfare of your Majestys said Colony, and seem
to require the speediest resolutions, which are the I^awes
enacted within that Colony since the ceasing of the late Rebel-
Uon, and more particularly, three Lawes made at Green Spring
the 20th of february, in the 29th year of your Majestys Raigne,
the one Entituled an Act of Indemnity and free Pardon, the
other called an Act of Attainder, and the other an Act
inflicting Paines, Penalties and Fines upon great offenders,
Upon perusall wherof. Wee finde that notwithstanding your
Majestys gracioiis Proclamation for suppressing the Rebel-
lion in Virginia, wherin your Majesty is pleased to Declare
that if any of your Subjects who have, or shall have engaged
with, or adheared unto Nathaniel Bacon in the said Rebel-
Uon, shall within the space of twenty dales after the pubUshing
of your Majestys Proclamation submit himself unto your
* This entry occurs under date 23 Jan: a marginal memorandum supply-
ing the correct day.
758 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1078.
Majestys Government, and before the Governor, Deputy
Governor, or other Comander in cheif of your Majestys forces
take the Oath of Obedience mentioned in the Act of Parlia-
ment made in England in the third year of your Majestys
Royall Grandfather, and give such security for his future
good behaviour, as the said Governor, Deputy Governor, and
Comander in cheif shall approve of, that then such Person,
so submitting, taking such Oath, and giving such Security,
is therby pardonned and forgiven the Rebellion and Treason
by him Committed. And notwithstanding your Majesty out
of your Royall pitty and Compassion unto your seduced
Subjects, does further Declare that such persons shalbe free
from all pimishment or forfeiture, for or by the said Rebel-
lion, which Proclamation bears date the 20th of October
1676, Yet in respect of letters Patents dated the 10th of
October in the same year Your Majestys late Governor Sir
William Berkeley, the Coimsel, and Burgesses of the grand
Assembly there, have by the said Acts excepted severall
Persons out of the free pardon, and (amongst others) one
Hunt, who fas appeares by the testimony of the said Com-
missioners, and by severall Depositions transmitted by them)
was never in armes against your Majesty or your RoyaU
authority but alwaies declared, an abhorrence therof, Yet,
without indictment triaU or Conviction his blood stands
attainted and Estate seized ; And, by the said Lawes not
only severall persons who were executed by Marshall Law, and
others who were foimd guilty by your Majestys Comission of
Oyer and Terminer, but severall other Persons yet Uving are
attainted and their Estates Confiscated, others banished out
of the Country, and others made liable to great punishments,
fines and forfeitures and to be proceeded against at law, and
others, that surrendred themselves unto the Governor, rendred
uncapable of exercising any office within the Colony.
In consideration of all Which Wee are most humbly of
Opinion, that the said Lawes above specified, and all others
made in Virginia, as well disagreeable to the Powers residing
1678.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 759
in the Gorernment there, as in derogation of what in your
Majestys Name was first proclaimed, be disapproved and
abrogated by your Majesty. And that all Persons, whether
tried, or not tried, be made capable of the Conditions men-
tioned in your Majestys Proclamation, in relation to your
Majestys pardon, and restitution of such confiscations as
were made by the Governor, Upon his proceedings contrary
therunto ; as also, that for your Majestys honor and quiet
of the Place a new Proclamation be immediatly issued out
Confirming the former, and absolutely pardoning (as to the
Crime of RebeUion) all such as laid hold on the Conditions
of the same, and restoring the persons who have bin confis-
cated contrary therunto. And Wheras many of your Majestys
I.oyall Subjects cannot but be very great sufferers by the
spoils and rapines Committed by the Rebellious Party, Wee
most humbly ofl^er, for their releif, for the quiet of the country
and for avoiding the endlesse Persecutions, which otherwise
must ensue That your Majestic be graciously pleased to Order,
that as to the ravage which was made by the multitude in
things which were destroyed assoone as taken, or that have
been wasted or made Worse while they were possest, no accompt
be sought therof, or prosecution made for satisfaction. But
where the Goods of honest Men, are apparently knowne and
found out in the possession of any of the RebeUious Party,
that your Majestys present Government there do countenance
and justifie and effectuate prosecution against them. And
forasmuch as it is too apparent, that too many Persons did
not onely maintain a horrid RebeUion against your Majesty,
but did so far persevere in their most Wicked designes, as
to contemne your Majestys gracious pardon signified by your
RoyaU Proclamation, And that others, whose Crimes are very
black, were either Executed by Marshall Law, or by Com-
mission of Oyer and Terminer, according to their great demerits,
And that others there are who fly the hand of Justice Wee
are most humbly of Opinion, that your Majesty in your
wisedome direct such I.iawes to be prepared for your Royall
760 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
approbation and Signature, as may be fit to be sent over and
established in Virginia, signifying your Majestys just sense of
their trayterous designes, and enacting such punishments
fines and forfeitures to be inflicted on the severall offenders,
as to your Majesty shall seem most equitable and Convenient ;
But how far your Majesty may extend the effects of your
Royall justice or mercy to the familyes of those who are
executed by Marshall Law, Comission of Oyer and terminer,
dyed naturall deaths, or to those that are fled, without
receiving any trial or Conviction.
[The report, signed by Anglesey, Craven, Fauconberg, H,
Coventry, J. Williamson and J. Ernie, was approved, and
orders issued in accordance with its recommendations ; the
preparation of the laws to be sent over and the cases of
unpardoned offenders were referred to the Committee.]
[pp. 236-7.]
[C.S.P. V. 579.]
[1199.] Whitehall, 23 January :
F^^ , Upon reading the Petition of William Stoughton and Peter
Bulkeley [setting forth that the Chief Justices as ordered
(c/. 1 155)] have reported that Mr. Mason had no right of Govern-
ment granted unto him ; and have retrenched from and excluded
out of the northern former bounds of the said Colony a small
Tract of Land wherin are four Plantations or Small Townes,
called by the names of Dover, Portsmouth, Exeter, and
Hampton, with the Lands and Territories therto belonging,
which are situated between the Northern Bounds of the said
Colony and the Southern Bounds of the Province of Mayn
claimed by Mr. Gorges. That the Inhabitants of the said Four
To^v^les have by the annexed Petitions, humbly implored his
Majesty That they may be continued under the Government of
the said Company . . . And praying That to his Majestys
gracious pardon intended to the said Company and grant of
liberty of Coining there, the grant of the Government of the
aforesaid four plantations or Townes may be added. [The
petitions and other papers with another petition of Mr. Mason
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 761
and Mr. Gorges, are referred to the Committee for examina-
tions and report.] [p. 234. If 1.]
[C.S.P. V. 587.]
[1200.] Whitehall, 23 January:
Wheras . . . Gawen Corbin hath this day humbly Virginia.
represented, that the whole stock of money, which came
to his hands for the use of [the colony of Virginia] hath bin
disposed of, by the direction of the . . Assembly, His
Majesty neverthelesse thinking it fit. That . . Thomas
Gardiner should be paid [1001., as formerly ordered, directs
Lord Culpeper to take care on his arrival, that that sum be
paid to Gardiner out of the pubUc stock of the colony].
[p. 235. ^ 3.]
[1201.J Whitehall, 15 February :
[The Committee report] : — Having received on the 12th of Jamaica.
January last past from the Right Honourable Mr. Secretary
Coventry a Draught of a Comission and Instructions for the
Earle of Carlisle whom your Majesty has appointed to be
your Governor of Jamaica. And having after sever all
additions and alterations, remitted the same unto Mr.
Secretary Coventry, on the 2d instant. Wee crave leave to
Offer unto your Majestj'^ the most materiall points which did
occurr unto us, upon perusall of the said Draught, which
are as follow : —
1. As wee are of opinion that all Members of the
Council! in Jamaica may for the more easy passing of
Laws, be admitted into the Assembly if duly Elected by
the ffreeholders ; soe wee cannot but advise your Majesty,
That as well the Members of the said Councell, suspended
by your Majestys Governor as the Members displaced by
your Majesty may be rendred uncapable, during such
suspension, of being admitted into the Assembly.
2. That although your Majesty has, by an Order of
the 16th of November last thought fit that no Assembly
should be called, without your Majestys speciall leave and
directions. Wee think it very important for your Majestys
762 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1678.
Service, and safety of the Island, that, in case of Invasion,
Rebellion, or some very urgent necessity, your Majestys
Governor, may have power, with the consent of the
Assembly, to passe Acts for Raysing of Mony, to answer
the Occasion arising by such urgent Necessityes.
3. That whereas hitherto within your Majestys Island
of Jamaica, the Oaths of Allegiance and Supremacy have
not been impos'd on persons that beare any part in the
Government except the Members and Officers of the
Councell, and all Judges and Justices ; soe for the pre-
vention of future inconveniences, and greater assurance
of loyalty towards your Majesty Wee are humbly of
opinion that all persons Elected into the Assembly shall
before their Sitting, take the Oaths of Allegiance and
Supremacy which your Majestys Governor shaU Com-
missionate fit persons imder the Seale of the Island to
administer unto them and without taking which none
shall be capable of sitting though Elected.
Wee have likewise pursuant to your Majestys Orders, pre-
pared a body of Laws, such as the Right Honourable the Earle
of Carhsle may be impowred to carry with him, and to offer
unto the Assembly of Jamaica, for their consent. But whereas
wee doe not find since your Majestys happy Restoration, that
any Law transmitted from your Majestys Plantations, has
been confirmed by your Majesty, either under the Great Seale
of England, or by any other signification of your Majestys
pleasure (the Act of 4| per Cent in the Carribbee Islands
only excepted, which was confirmed by Order of Councell)
and that the intended method of Enacting Laws at Jamaica
hath not as yet been put in practice ; Wee humbly crave
your Royall Determination, whether the said Laws shall pass
by Order of your Majesty in CovmceU, or under the Great
Seale of England that wee may be accordingly enabled fitly
to present them unto your Royall View.
[The report, signed by Finch C, Fauconberg, G. Carteret,
and J. Ernie, was approved, and Lord Carlisle's commission
1678.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 763
and instructions ordered to be drawn up accordingly ; and it
was ordered that the laws of the island should pass under
the Great Seal of England.] [p. 244. 1| 3.]
[CS.P. V. 600.]
[1202.] _ Whitehall, 15 February :
[The laws for Jamaica presented by the Committee are
approved and ordered to be passed under the Great Seal
of England. The Committee are directed to meet on Tuesday
to consider of the law sent from Jamaica for the calling in
and suppressing of privateers, and if on amendment they
can agree to the same, that it be passed with the rest : if,
on the other hand, they conceive this matter may be better
settled by instruction, they are to prepare such for Lord
Carhsle to take with him.] And their Lordships are also to
consider the Statute of Henry the Eight for Trying of Pirates
by Commission of Oyer and Terminer and to frame a Law for
making the said Statute in force in Jamaica, which Law soe
made is also to passe the Great Seale here.
[A memorandum at the side states that these laws " are
entered in another Book." This is the " Plantation Register "
[see Preface], the entries in which begin here. The laws
thus passed never came into operation, the Assembly of
Jamaica refusing its consent, and have never been printed.
Several of them however were, either in whole or in part,
passed by the Assembly in 1683 and 1684. The essential
difference between these drafts and the Acts of 1683 and 1684
lies in the enacting clause, which in the earlier form reads
"be it enacted by the King's most Excellent Majesty by and
with the consent of the General! Assembly," and in the
statutes as finally adopted " by the Governor, Council, and
Assembly." The later form marks the triumph of the
Assembly in the constitutional struggle which lasted from
the landing of Lord Carhsle to the modification of his
instructions in 1680.
The titles of the laws are given, and, when they differ from
those passed at a later date, the more striking passages.]
764 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
1. An Act For Preservation of Cattle. [Goes more
into detail than does later legislation on the subject.
The preamble reads:] Whereas much of the interest
and subsistance of this Island doth consist in the preser-
vation of stock and the encrease of them being aheady
grown so numerous that their numbers admitt not a
restraint by fetters, side hning, or penning as formerly
when they were few and inconsiderable, and that without
a just consideration thereof many people in the Island are
injurious to their neiglibours by driving maiming, killing
and destroying their stock on the pretence that they
receive damage in their inclosures by horses or Cattle
and whereas it appeares rather their damage accrews for
want of Necessary and Sufficient ffence which they ought
to raise for their own security.
2. For quieting all persons Estates against Dormant
Titles. ^Vhereas it has alwayes been the practice of all
well governed places and the interest of this Island does
more particularly require that aU honest Purchassors or
Possessors should be soe confirmed and secured in their
Titles that they may be thereby the more encouraged and
inchned to lay out their Stocks for the encrease and
improvement of their plantations whereby his Majestys
Customes may be advanced, this his Island more peopled
and strengthened and aU disputes and differences for the
future prevented and whereas in infancy of this Collony
there were none soe learned and skilKull as to know the
Right ways and meanes legally to appropriate to them-
selves their severall purchasses and estates, and yet the
simphcity and honesty of those times was still soe great
that what any person dyed seized or possessed of was
constantly applyed to the payment and satisfaction of
the just debts due by the said deceased whereby divers
reall Estates and Inheritances were by illegall executions
and other processes sold and transferred to the Creditors
and others by the Provost Marshalls Several! plantations,
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 765
houses, and other reall interest were likewise for the
same purposes sold and improved by Executors and
Administrators other persons upon their Sales though
for valuable considerations only delivered up or assigned
over their patents without any words or forme necessary
to convey the inheritance divers persons have also for
severall years continued peacebly in possession upon
last wills and Testaments imperfectly drawne and not
sealed or pubhshed according to due forme of Law and
by many other difective instruments Gifts and con-
veyances not mentioned and particularly recited in this
Act, and although the said purchasses and possessions
were at first meane and of Kttle value yet since by the
industry of the present possessors and the great blessings
of Almighty God the said estates are become verj"^ con-
siderable and vast improvements have been made of them
the envy whereof wiU every day expose them to divers
remote claimes of which according to the strickt rules
of the common law many advantages may be taken by
cunning lawyers and others to the multyplying of Law
Suits the encouragement of Champerty maintenance
and other unjust practices to the utter ruine and vexation
of divers of his Majestys good subjects unlesse some speedy
course be taken to prevent it.
3. Requiring the Enrollment of Deeds for prevention
of fraudulent Conveyances. [This arises out of 2, and
explains itseK. It was greatly amplified in 1683.]
4. Impowring his Majestys Justices of the Peace
in this Island to decide all Pleas and differences between
party and party, not exceeding the value of forty
shillings.
5. For preventing Seamen leaving their ships, and
Victualers or sellers of strong hquors trusting of them.
[This was embodied in the Act of 1684, which, however,
lacks the preamble] : — Whereas severall seamen being
lawfully shipped in Ports abroad doe contrary to their
766 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
Contracts ffrequently desert the services of their ships
and Vessells drawne thereunto by the variety of Voyages
that dayly Offers here, whereby severaU Merchant and
Masters are putt to great distresse many voyages dis-
apointed and such persons encouraged to demand Extra-
ordinary wages which in great urgences both Merchants
and Commanders are forced to comply with, for preven-
tion of soe great mischiefes and inconveniences and for
the better encouragement of Shipping and Navigation
in this Island and preservation of the Estates of Prin-
cipalis and employers abroad.
6. For regulating the fees of several offices of this
Island. [A long list of the fees fixed,] upon consideration
of the greatness of severaU fees received by the respec-
tive officers and also the poverty and inabiUity of the
inhabitants of this Island to pay such vast fees. [Officers
taking other fees than those now determined are to be
liable to penalties under the EngHsh Law against extor-
tioners, and bond is to be given for the performance of
their respective offices or trusts that the inhabitants may
sustain no damage by their neglect or mistakes.]
7. For confirming Orders of Councill. [Confirms (with
some amendments) acts of former Governors and Council
in Jamaica.
(o) Opinion of Council that Captain Edward
CoIHer did not exceed the intention of the Major
General's warrant in imprisoning Mr. Francis Hudson
of Port Royal. [Cf. C.S.P. III. 730.]
(6) Declaration of Coimcil that the sole privilege
and benefit of suing all bonds taken in the King's
name properly and legally belonged to the Attorney
General. [Cf. C.S.P. III. 726.]
(c) Order indemnifying Capt. Rose and William
Cussans for carrying off Captain Erasmus without
the Governor's ticket, as Erasmus went to fetch in
Capt. Yhallah's in obedience to the King's orders
for calling in all privateers. [Cf. C.S.P. III. 705.]
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 767
(d) Order imposing a fine of lOl. or over on keepers
of public gaming houses and of double their winnings
on common gamesters, and declaring that contracts
for payment of gambhng debts be not enforceable
at law. The preamble refers to " the immoderate
use of unlawful! Gameing in this Island," whereby
young men are led into a " dishonest lewd disolute
course of hfe," and by the loss of their estates and
fortunes " perpetually disabled from makeing any
Settlement in [the Island] (the Cheife end and designe
of their coming over) and many of them soe much
after Entangled, and Ensnared that few of them
Escape a Prison or being made Servants in a very
Short time." " Provided always and it is not hereby
intended to Restraine Masters of Familyes and others
being knowne to be men of at least 2000i!. Estate in
this Island for their honest and inocent Divertion
to play at the aforesaid Games."
(e) An order for the prevention of boundary dis-
putes, that every planter and every factor for an
absentee landowner, " doe within 12 monthes after
pubhcation hereof take care to cleare their lynes
and to continue doeing of the same once every j^eare
from that time forever " under penalty of a fine of
twenty shillings for every hundred acres.
(/) Order " that it shall be free for any Master of
a Ship or Vessell to take what ballast he shall want at
Chocolatto hole on Port RoyaU or at any other place
or Cay belowe the lowe water Marke without any
molestation or trouble hereafter."
(g) An order to prevent fraud by surveyors in
laying out land.
(h) For orderly proceedings in trials at law.
(t) Order that debtors, instead of being maintained
in prison, shall serve for wages the person in the
768 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
precinct to which they belong who will offer most
for them in the Court of the Precinct — the wages to
be paid to the creditors.
(/) That capable persons refusing to accept (or,
after acceptance, to execute) commissions for civil
or military employments be fined for contempt, —
provided that the commissions tendered them be
not inferior to others they have already borne in the
island.
(k) That no wherryman presume to carry anyone
on board, or he alongside, any ship that has passed
the fort, without license from the Commander of
Port Royal or Captain of the Castle, under penalty
of 201. sterhng.]
8. Concerning I^aw Suites. [Preamble] : — Whereas at
an Assembly Convened at St. Jago de la Vega in the
Month off February 1673 amongst diverse other Acts
then made a Certaine Act was then Enacted by the
Governor Councell and Assembly to Restraine and pro-
hibit the Pleading of Lawyers and Attorneys in any of
the Courts of Judicature within this his Majestys Island
thereby intending to suppress the many letigious and
Exorbitant Law Suites Supposed by them and their
meanes to bee stirred upp and promoted amongst his
Majestys good Subjects of this Island which Neverthelesse
by Experiance is found not to be of that effect which was
thereby expected, but on the Contrary many of his
Majestys Leidge people for want of some knowne and
experienced in the Lawes to speake for them, and open
and plead their Causes in the SeveraU Courts of Judicature
within this Island were in danger to have lost their just
actions to their great prejudice and damage.
9. For fforreigne Attachments. [Preamble] :— Whereas
divers indebted persons departe this Island or absent
themselves leaveing Goods and Debts behind them and
others that stand indebted to severall inhabitants of
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 769
this Island have Debts and send Goods to Trade and
Traffique within the same and yet no remedy can be
had against them by the Creditors unlesse fforreigne
Attachments according to the Custome of the Citty of
London be putt in practice here.
10. To prevent fraud, and deceipt in the makers and
sellers of Rum. Whereas divers persons doe make weake
and unwholesome Spiritts made of Cane Juyce and the
same doe vend and seU for good Rum, [any person may
demand from any seller of rum] Such a smaU quantity
of Rum as wiU serve for a Tryall, and if such Rum by
putting fflame thereto (without being first heated or
warmed) shall not take fire and be enfflamed, [then all
the rum in the possession of the seller is to be let out and
cast away : otherwise the trier must pay for the rum
burnt].
11. For prevention of such damages as may happen
by fire. [Partly incoi-porated in the Act of 1683 for
preventing damages in plantations. Directed against
carelessness in carrjdng fire, smoking tobacco, firing fences
or barricadoes, burning trash, and setting fire to woods,
savannas, or cane heaps.]
12. Encouraging of shipping to take in lading at Old
Harbour port, St. Thomas, or any other convenient
place ; round this his Majestys Island. [To encourage
harbours and settlements other than Port Royal, all
vessels taking in one third of their lading at Old Harbour
or Port St. Thomas or any other convenient landing
place fit for the importation or exportation of goods
round the island. Port Royal and the places thereon
depending always excepted), shall be free from all port
charges whatsoever.]
13. Appointing Colonel Thomas Modyford and Captain
Edward Duck to be trustees and fully enabled to make
sale of the lands and plantations of Mr. Thomas Tothill
49
770 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
late of the Island deceased for the payment of Debts and
making provision for the Rehct and Infant of the said
Deceased.
14. For compensation of the loss of Mr. Nicholas
Scarlet received by the purstiits of the Rebellious Negros
at Leigony.
15. For encouragement of Mr. James Lassell for the
Sugar Mill he lately contrived. [As the sugar mill con-
trived by Mr. James Lassells may be of great importance
and benefit to the settlers] especially to those that live
on the north side and in other quarters where for want
of savannas Stockes of Cattle cannot easily be produced,
[any person using Mr. Lassells' model during the next
ten years is to pay him 51. sterling, Mr. LasseUs being
required to give directions to anyone desiring to build
such a miU].
16. For Regulating the Marshalls proceedings in
Levying Executions.
17. For the speedy taking out of Patents and the
better adjusting and more speedy collecting the Quit
Rents of his Majestys Island of Jamaica. [Incorporated
in later Acts.]
18. For Regulating Hunting. [To prevent the diminu-
tion of the wild hogs and cattle of the island by irregular
hunting, only planters of ten acres on the island may
receive a hcense to hunt a gang of dogs. Satisfaction is
to be made for damage done to tame stock while hunting.
No snares or engines are to be set except (during four hours
in the day) neck-ropes for catching horses.]
19. Prohibiting the transportation of severall como-
dities out of this Island being in a growing condition.
[No one, under a penalty of lOOZ. sterUng, is to export
from the island with intent to plant it elsewhere or in a
plantable or produceable condition any of the pecuhar
commodities of Jamaica, to wit,] Cocoa Nutts, Piemento,
1678] ACTS OP THE PRIVY COUNCIL (COLONIAL). 771
Venillas, Acchiate, China Roots, Sarsaparilla, Cassia
ffietula, Radix contra yerva, Cochaneale, Cambagia or
Eiiphorbium. [There is also a prohibition to export
" breeding mares " without license from the Governor.]
20. For naturalization. [The later " Act encouraging
the settling of this island "].
21. For preventing the Retayling of strong liquors by
unlicensed persons.
22. Declaring it to be felony without benefit of Clergy
to steal or carry away any boats canows Wherry or other
VesseU, from any part of this Island.
23. For preserving of the Savanas and small Plan-
tations. [Preamble] : — For as much as the Interest of
this Island does very much consist in Cleaning and pre-
serving the Savannas Ebonyes and pasture Ground from
all offensive and uncomonable Cattle, and alsoe in Defend-
ing the Small Plantations from all Such Injuryes and
Trespasses whereby the poore planters may be' ruined
or discouraged the Hearbage and pasture in the Savanna
poysoned and severall other Mischeifes and Inconveniences
prevented. And whereas by dayly Experience it is made
Evident and made apparent that a Sort of Cattle called
Goats are so Injurious to all Savannas in this Island where
they are kept, that noe other Cattle will feed after them
and that Complaints are Dayly made by divers of the
poor people of this Island that the Goats cannot bee kept
out of their plantations Noe ffences being able or pos-
sible to Restraine or prevent them to the great prejudice
and Discouragement of the said poor planters wherein
the Strength and Interest of this Island does soe much
consist.
24. For the Establishing of the Supreme Court of
Judicature in the Towne of St. Jago de la Vega. [In-
corporated in the 1683 " Act for estabhshing Courts."]
772 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
25. Impowring the Secretary to take Security and
Ordering all Masters of Ships and VesseUs to make their
due Entrys. [Incorporated in later acts.]
26. For Governing of Slaves. [The same in aU im-
portant respects as that of 1683, save that it exempts
from the need of carrying a pass " such as usually wait
on their persons, or goe in liveryes."]
27. For regulating Servants. [Almost identical with
a later Act.]
28. Appointing the Prices of Meate. [Incorporated
in a later Act.]
29. For Establishing the Interest of Money in this
Island. [Reduces the legal rate of interest to 15% :
the Act of 1683 further reduces it to 10%.]
30. For the Ferry between St. Katherines and St.
Andrews. [Repeated in Act of 1683. An Act of 1699,
confirmed in 1703, directed the building of a bridge, and
the 1683 Act does not appear in subsequent editions of
the Laws.]
31. Impowring the Churchwardens of St. Katherines
to. receive 12d. per Tunne for all goods made up in Cask
that are Loaden or shipped from the Bridge at Passage
ft'ort for Mainteyning and Repayring the same. [Given
verbatim later.]
32. Against Blasphemy and Swearing and for pre-
venting Disorders in Alehouses, Taverns, or Victualing
houses. [Given later, with lesser penalties.]
33. For the High Wayes. [Verbatim later.]
34. For Regulating the Parishes. [After defining the
boundaries of the several parishes, the Act goes on to give
directions for the election of Vestrymen and Church-
wardens, for the lajdug of a tax for the maintenance of
the ministry and of the poor by the Justices and Vestry-
men, for its levy by the Constables and receipt and
disbursement by the Churchwardens, for the recovery at
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 773
law of sums due under this Act and that for repairing
the highways, for keeping records of the Acts of the
island and of christenings, marriages, and burials, and
for fixing the salaries of the ministers of the respective
parishes.]
35. For Ordering and Governing the Militia. [In-
corporated in later Acts.]
36. For Regulating building and preventing Fire.
[Incorporated in later Acts.]
37. For Raising a PubUc Revenue for the better
Support of the Government of his Majesties Island of
Jamaica. [A list of duties on imports with a tax on
hcenses for selling and retailing strong Hquors.]
[pp. 245-6. Plant. Reg. I. 1-52.]
[C.S.P. V. 601.]
[1203.] Whitehall, 22 February :
[The Committee present Acts agreed upon by them :] Jamaica.
An Act declaring it fEelony without benefit of Clergy
for any person to Serve Under any fforeign Prince or State.
An Act for the More Effectuall Punishment of Pirates
and others offending upon the Sea's.
[The laws are approved, and transmitted to Mr. Secretary
Coventry to prepare a warrant for his Majesty's signature
for the immediate passing of them with the rest of the laws
for Jamaica under the Great Seal of England. They are
given in full in the Plantation Register, and were incorporated
in the Jamaica Act of 1683 "for the restraining and punishing
of Privateers and Pirates."]
[p. 247. Tl 2 : Plant. Reg. I. pp. 52-54.]
[CS.P. V. 611.]
[1204.] Ibid.
His Majesty out of his princely care for the Safety of his Newfound
subjects knowing that many ships are now going from severall
ports of this Kingdome to the Newfoundland fishery, and
774 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
Virginia.
Plantation
Trade.
Virginia.
apprehending that they may run some danger in case any
Warr should happen ; [directs the Admiralty to give orders
for stopping ships bound for the fisheries till further order].
[p. 249. l! 3.]
[1205.] Whitehall, 22 February :
[Lord Culpeper, to whom the petition of Henry West of
the Isle of Wight County in Virginia against the sentence of
seven years' banishment passed on him by Sir WiUiam
Berkeley was referred on 21 November, reports] that the
petitioner did voluntarily submit himseKe in the time of the
late Rebellion in Virginia ; And therefore his Lordship offers
the petitioner as a fit object of his Majestys Compassion, and
to receive the fuU benefit of his Majestys most gracious par-
don. [Orders are accordingly given that West be pardoned
and allowed to return to his wife and children, and that his
bond and his estate be restored Avithout exaction of fees.]
[p. 250. H 2.]
[1206.] Whitehall, 8 March :
[On the petition of the owners of the Virgin, it is recom-
mended to Mr. Secretary Coventry] to take Care, that in the
Treaty with Spain now under Consideration some Provision
be made for satisfaction of the great Losses and Damages
susteyned by the Petitioners. [p- 256. If 1.]
[C.S.P. V. 577. m.]
[On 27 March a similar order regarding the Thomas and
Mary is given.] [V- 269. H 4.]
[1207.] Ibid.
[Captain Gardiner having no occasion to go to Virginia and
no person being wiUing to adventure moneys on the Order
granted him for lOOZ. to be paid there, although he offered
an assignment at 201. less, it is recommended to the Lord
Treasurer to take some course for the payment of tht sum
to tjbe petitioner in regard of his good services and the
necessitous condition he is reduced unto.] [p- 256. 1j 3.]
1678.J ACTS OP THE PRIVY COUNCIL (COLONIAL). 775
[1208.] WhitehaU, 13 March :
[An order to the liord Treasurer to prepare and pass a Jamaica.
Privy Seal for the payment of 1738L 16s. 6d. to the Treasurer
of the Navy, that being the amount of the estimate returned
by the Admiralty and the Commissioners of the Navy of the
charge of transporting to Jamaica with Lord Carlisle 240
tons of stores, ammunition and other goods, and also 200
soldiers.] [p. 259. TJ 2.]
[On the 20th further payments are authorised for transport-
ing to Jamaica, (a) 20 soldiers and several passengers —
5311. 2s. 8d. (besides the 2001. already included in a former
estimate) ; and (b) 40 tons of Purbeck Stone from the
Ordnance Office — 84/. [pp. 262. tf 5 and 263. If 1.]
On the 22nd the Earl of CarUsle takes the oath as
Governor of Jamaica.] [p. 265. ^1.]
[1209.] WhitehaU, 27 March :
An Act for confirmation of Pious, charitable, and Public Jamaica.
Gifts and Grants, [presented by the Committee as fit to be
sent to Jamaica for consent of the Assembly there, is
approved and ordered to be passed under the Great Seal with
the other laws for Jamaica].
[p. 268. If 1 ; Plant. Reg. I. p. 54.]
[C.S.P. V. 635.]
[1210.] Ibid.
[On the complaint of Thomas Martin tha.t, in spite of his Jamaica.
Majesty's letters of 14 July and 28 September for his release,
he is stiU detained a prisoner in the gaol of St. Jago de la
Vega, further order is given to Lord Carlisle for his discharge
and restoration to the full enjoyment of his office as Receiver
of Duties.] [p. 269 If 3.]
[C.S.P. V. 535. 11. and 626. i.]
[1211.] Whitehall, 5 April:
[The Council refer to the Committee] a Memorial! from the Tobago.
Ambassador of the States Generall of the United Provinces,
setting forth. That 70 Negro slaves belonging to the Admiralty
776 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
of Amsterdam (as Masters of the Isle of Tobago) by order of
Governour Binckes, being Comitted to the Custody of a ser-
geant a,nd hidd in a Wood, after the french had abandoned
the sayd Island and never seized on them were removed from
thence by a Ketch by an Enghsh Man (called the Quaker)
and delivered into the hands of CoUonel Stapleton (his
Majestys Governor of Mevis) and because the English can
have no right to the sayd slaves (so belonging to the sayd
Admiralty) by reason the french made but a temporary
Invasion, without setling themselves in that Island, or ever
seizing the sayd slaves, Hee prayes CoUonel Stapleton may be
ordered to returne them into the Hands of the sayd Admiralty
or the Money that they have been sold for, In case he has
disposed of them. [p. 284. ^ 1.]
[C.S.P. V. 638. I.]
[1212.] Whitehall, 9 April :
New York Upon reading this day at the Board the Petition of Sir
En^Und Edmond Andros Knight, Seigneur of Someres, Lieutenant and
Governour of New Yorke and other Territoryes in America,
under his Royall Highness, Complaining that notwithstanding
his great profferrs and Services done to the Neighbouring
Colonyes of New England, in the late Indyan Warrs, and his
subjection of the Eastward Indyans, at his Royall Highnesses
great charge, and particularly in his strict prohibition of the
sale of powder, and other amunition, yet the Colony of
Massachusets Bay, in their Declaration of Warr there, printed
in 1675 and in Bookes of the sayd Warr printed since doe
declare, and asperse aU his Majestys Subjects in Albany, vnth.
having recruited Philip and other their Indyan Enemyes,
with amunition from that place, and have since refused to
alledge the least Colour for this thing, or give satisfaction
(though required) for this pubUque imputation, and stiU
allow, and countenance, the Vending the sayd Bookes amongst
them And therefore for secureing the sayd people from
the penaltyes which may be inflicted on them by the sayd
Massechusetts for this imputed crime (If found amongst them)
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 777
humbly praye his Majesty to cause Inquiry to be made of the
truth of this matter, while the Agents of the sayd Colony, are
yet here. And thereupon to give such Order for the punish-
ment of the offenders, as for procureing a better Correspondency
amongst them for the future, as to his Majesty should seeme
meete : [a copy of the petition is ordered to be given to the
Massachusetts Agents, who are to return their answer to the
Board]. [p. 285. ^ 1.]
[C.S.P. V. 655.]
[1213.] Whitehall, 12 April :
[It is ordered that the Committee have copies of charters Committee of
and commissions from " the Hampire Office, Petty Bagg,
Pell Office, Crowne Office, and other places " without charge
except for the labour of the clerks employed.] [p. 294. ^ 1.]
[C.S.P. V. 656.]
[1214.] Whitehall, 24 April :
[Upon consideration of the answer of Stoughton and New York
, * and New
Bulkeley, the Massachusetts Agents, to the petition of Sir England.
Edmond Andros], His Majesty was pleased to Declare that
he finds noe Cause to believe that any of his subjects from
the parts of Albany, did supply any Powder or other
materiaUs for Warr to Philip, or other Indyan Enemyes, in
those parts, neither could he perceive any cause, or ground
for the imputation layd upon his sayd subjects of Albany by
the Massachusetts, And therefore was pleased to Order
That none of the sayd subjects of Albany be lyable to any such
imputation, unless the Massachusetts shall accuse any par-
ticular person thereof, And shall legally proceed against such
persons in order to their conviction of the crimes layd to
their charge in the places where they Inhabite, or shaUbe
informed against and proved a delinquent before his Majesty
in Councill, within one yeare to be accounted from the date
hereof : [And the Governor and Council of Massachusetts and
all concerned are punctually to observe this order, which is to
be transmitted to them by their Agents at the first opportunity.]
[p. 305. 1j 3.]
[C.S.P. V. 678.]
chusetts.
778 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1678.
[1215.] Whitehall, 24 April :
New [It is ordered that the Committee] doe administer the Oath
England. ^f Allegiance to the two Agents from New England now
liere. [p, 307. ]| 3.]
[CS.P. V. 675.]
[1216.] Whitehall, 26 April :
Massa- [The Committee report] : — It being signifyed to Us, by
the Right Honourable Mr. Secretary Williamson that Wee
should examine the Petition lately presented Your Majesty
by Mr. Edward Randolph, in behalfe of many of your
Majestyes Loyall Subjects Liveing under the Government of
the Bostoners in New England, Wee thought fit to send a copy
thereof unto the two Agents of that Colony and to require
their appearance before us this Day, to give Answer to the
matters objected therein, which were to the effect following.
That the Petitioner being sent by your Majesty into New
England and impowered to make several! private inquiryes
into the state of matters that had been variously represented
here, and of much consequence to Your Majesty to know the
truth thereof, Hee had at his retume presented your Majesty
with a Narrative, freely setting forth what he had observed
in reference to persons, and things. That the sayd Agents
having by indirect meanes obtained knowledge of the sayd
Narrative, and sent a Copy thereof to their superiors, had not
only disclosed thereby Your Majestys secrets, but layd a
foundation for the prejudice of such persons, whom he had
therein Represented in characters of Loyalty, and inclinable
to your Royall Service. That in manifestations hereof the
GeneraU Court of that Colony had lately enacted that an
Oath of fideUty to the country should be taken by all, aswell
strangers, as Inhabitants. And in default thereof to be treated
as Capital! Offenders, and deprived of the protection either
of their Lawes, or Government
And therefore the Petitioner humbly prayed your Majesty
to order. That noe distinctions, or discountenance should
be put on such, as refused the sayd Test, or who were favourable
1678.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 779
to the Petitioner dureing his stay, or that have Corresponded
with him since, in order to assert your Majestys authority
there.
In Answer hereunto, the sayd Agents did acknowledge that
in the Assembly sitting at Boston in October last, there past
a Law for administring the usuaU Oath of fidelity to the
Country, unto such as had not taken it before, by reason of
several! mahtious endeavours for fireing the Town which
was fomented by the Quakers. That the sayd Oath does also
comprehend .Allegiance to his Majesty, and that they cannot
beleive there was intended any thing of detriment to the
persons named by Mr. Randolph, with favour Inasmuch as
some, who left Boston in february last, were now ready at the
doore to attest that none of them have received any
prejudice therby and that this Oath was not to be administred
to any, but those who had not taken the same before, It
being the old and usuall Oath of the Country. But Mr.
Randolph being also present, did aUedge that this Oath was
made at the very time their Generall Court did acknowledge
to have received from their Agents, intimation of what was
here under Consultation before your Majesty a.nd probably
surmiseing that there might ensue some alteration in the
moddle of their Government, they by way of Test, and
discrimination, revived the imposeing this Oath anew, where
Noe mention is made in the Act, to limit it to such as had
not taken that Oath before, but the words are Generall. And
that not only to be imposed in the Towne, where the danger
of fire was pretended, but even over the whole Country, and
that by going from House to House, with new penaltyes layd
on the refusers, which were not knowne before.
That for the Allegiance therein mentioned to Your Majesty
It comes in, but in the 2nd. place. And not with the
solemnity that is requisite.
That although he could not give any Instances of
detriment hitherto befallen any of his sayd freinds, yet he
well remembers the great Complaintes he heard, while there,
780 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
of the hard usage, which had befallen those Loyall subjects,
who had submitted to Your Majestys Commissioners sent
over in the yeare 1664, And in verification thereof, he
quoted to us Your Majestys Letter sent over in 1666,
charging, and requiring that Government to forbeare any
markes of distinction, and disfavour to such as had
expressed their Loyalty, and Obedience to your sayd
Commissioners.
The Agents did endeavour to mitigate any apprehension
of in, that Could possibly befall the partyes so favourably
mentioned by Mr. Randolph, And that they would answer
it here to your Majesty at their perills. That by their advices
it did appeare those very freinds of Mr. Randolph were chiefly
instrumental! in reviveing this Oath. And that the Governor,
Mr. Leveret had intimated his dissatisfaction at the passing
that Act, considering the time, and that all theit business lay
here depending before Your Majesty though at the passing
thereof your Majestys intentions were not as well knowne.
And as to the forme of that Oath, and the expression therein
made of Allegiance to your Majesty mixed with fideMty to
the Country, they doe acknowledge that the forme of it, is
very iU advised, and very fit to be reformed, And they are
well assured, that If your Majesty shall enjoyne the Oath of
Allegiance seperate, And as by Law it is here estabhshed, it
will not be refused, And that they themselves, though they
have not hitherto taken such Oath, Yet they are ready to
take it, when required thereunto.
All which being heard on both sides, Wee are humbly of
opinion that Mr. Randolph hath had sufficient ground to
petition your Majesty and that by the Unseasonable injoyning
of this Oath, it lookes very suspitious that all things stand
not so faire, in reference to many of your Majestys good and
Loyall subjects there, as were to be wished, for it is manifest
that Goverment had knowledge of the dislike, which was
here exprest to the forme of that Oath, where the Allegiance
to Your Majesty seemes only grounded on their Charter (which
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 781
they have hitherto taken hberty to explaine) and they doe
not ground it in naturaU obedience, where by right it lyes.
Wherefore Wee humbly advise, That your Majesty doe by
Letter signifye that you take very ill, tho untimely enjojming
of that Oath, which (however intended) seemes to be a snare
in the way of many of your good subjects there, who attend
your RoyaU Orders, and of whose preservation Your Majesty
will ever be tender. That the sayd Oath is derogatory to your
Majestyes Honour, asweE as defective in point of their owne
Duty ; inasmuch as their Allegiance to Your Majesty and
their fidehty to the Colony are joyned together in the same
undecent forme and where such fidelity is made even to
precede their Allegiance to Your Majesty. That however
Your Majesty doe not for the present prescribe what forme
may be proper among themselves, and binding to each other.
Yet You doe strictly require and Command, that the oath of
Allegiance, as it is by Law here estabhsht (and whereof a
true copy shall be sent unto them) be administred, and taken
by all your subjects within that Colony, who are of yeares
to take the same, and that although your Majesty have some
other matters in Consultation before you. Yet, this being of
so fundamental! a concerne to your dignity and Goverment,
Your Majesty could not any longer omit the signification of
your pleasure therein, and doe therefore require their
Obedience to the same.
Anglesey, Bridgwater, Craven, J. Wilhamson, J. Ernie,
R. Southwell.
CounciU Chamber, 18 April, 1678.
[The report was approved, and Mr. Secretary Williamson
directed to prepare a letter pursuant thereunto.]
[pp. 311-313.]
[C.S.P. V. 685.]
[1217.] WTiitehaU, 13 May :
nt is ordered that Mr. Secretary Coventry receive a copy Plantation
111 !• 1 " Trade.
of the petition of Isaac Merrit and the other owners of the
Humility to be comprehended in the treaty with Spain, and]
782 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
take care, that when any oppertunity shall offer in the way
set forth by the Petitioner that all necessary care be taken
for the Petitioners reUef. [p. 317. ^ 1.]
[1218.] WhitehaU, 31 May :
E^^l d. Ui'^^ Lord High Treasurer having represented that he had
received a letter from the Committee] settiag forth the good
services don by Mr. Edward Randolph in relation to New
England, and recommending him, as a fit person to be sent
thither, as Collector of his Majestys Customes at Boston, for
the better executing and observance of the Acts of Trade and
Navigation. That his Lordship did beleive Mr. Randolph
to be very weU quahfied in aU points for this Imployment,
but that he understands by the Agents of New-England, that
the people of that place had entertained some prejudice against
him, and therfore he humbly left it unto his Majesty to deter-
mine in this matter according to his Royall pleasure. Where-
upon Mr. Randolph being called in did assure his Majesty that
the generaUty of the People there, were loyaU and well
affected to his Government, and that it would be much to their
contentment if he were the person sent over, and that he
was willing not only to venture himself, but in assurance of
good usage to carry over his wife and family with him.
Wherupon His Majesty being very well satisfied with Mr.
Randolph's good behaviour, [declares his approval of his
appointment as Collector at Boston, and directs the issue of
a commission to bim by the Lord High Treasurer].
[p. 345. H 2.]
[1219.] Whitehall, 19 June :
Virginia. [The Counoil refer to the Committee for examination and
report] the humble Petition of Thomas Gould, John Jeffreys,
Alexander Colepeper, George Richards, Edward Carter,
Henry Meese, Thomas Lane, James Tubb, Micaiah Perry and
Thomas Sands setting forth that there is due to them upon
severaU Bills of Exchange (a considerable summe of Mony)
out of the Publique Treasury in Virginia which bills were
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 783
due and excepted, before his Majestys Order of Councell of
the 13th of July 1677 (cf. 1149). [p. 358. ^ 3.]
[C.S.P. V. 733.]
[1220.] Whitehall, 26 June :
A Commission in usuaU forme to Giles Dunstar Esqr. one Tobacco,
of the Surveyors GeneraU of his Majestys Customes to destroy
Tobacco planted in the Counties of Worcester, Gloucester,
Nottingham, and the places adjacent. [Also a letter in the
usual form to the Duke of Monmouth to send a troop of
horse to assist.] [p. 363. 1^1 1-2.]
[1221.] Ibid.
[The Committee report on the petition of Thomas Gould Virginia.
and others that the petitioners allege] That the Assembly
called by the present Governor did, by their addresse to your
Majestie beseech you to beleeve that the information, on which
the said Order was grounded, was mistaken, for that the
said former Assembly was legaly called and freely elected,
and those payments soe Ordered by them, were for the great
ease and pecuhar benefit of the country ; and therefore
humbly praying your Majesty to take off the Stopp soe laid
upon those summes of mony as aforesaid. Wee have made
enquiry and are satisfyed with the truth the Petitioners
have alleged touching the said Assembly, and it hath alsoe
appeared unto us, by an account given in by Mr. Gawen
Corbin Deputy Treasurer here for Virginia, that he had
actually received and accepted Bills to the value of
1363Z. 7s. 8d. (whereof wee have all the particulars lying by
us), and that he only forbore to pay the same bills, in obedience
to your Majestys Order, soe that upon the whole Matter, wee
see not any cause why your Majesty should not revoke the
said Order and permit the said Mr. Corbin to dispose of the
said Mony in discharge of the Bills, which have been drawn
upon him.
[The report, dated 21 June, present :— L. Privy Seal (Earl
of Anglesey), Earl of Craven, and Mr. Vice Chamberlain
784 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
New
England.
New
England.
(Sir G . Carteret) , was approved, and the order of 1 3 July revoked] ;
and Mr. Corbin is hereby left at his liberty to give the
Petitioners and aU others satisfaction according to Right.
[p. 366. TI 2.]
[C.S.P. V. 739.]
[1222.] Whitehall, 3 July:
[The Council refer to the Committee for consideration and
report the petition of] Richard Smith in behalf of himself
John Winthrop Esqr., Josiah Winslow, WilHam Harris, John
VyaU and other Proprietors and Inhabitants on a Tract of
Land called the Narrigansett Country part of his Majestys
Dominions in New England setting forth the many great
Inconveniencys arising dayly by reason of a Government
usurped over them by the Inhabitants of Road Island on
pretence of a Charter of Incorporation granted to them in the
15th year of his Majestys Reigne, And Praying his Majestys
Letters to the Government of Road Island to forbear to exer-
cise any Authority over the Inhabitants of the Narrigansett
Country, but that they together with the Lands Quonaniquett,
Hope, Patience and Dutch Island thereunto belonging, may
according to his Majestys precedent Grant in the 13th year
of his Reigne be setled and restored unto the Government
and Jurisdiction of the Connecticut Colony. [p. 369. ^f 1.]
[C.S.P. V. 749.]
[1223.] Ibid.
[The Council also refer to the Committee] the humble Peti-
tion of Richard Smith Gentleman . . Setting forth, That
he had been for many years lawfully seized of a small Island
in the Narriganset Bay in New England, anciently called
Chissawnock now Hog Island lying in the Jurisdiction of
New Plymouth Colony, But the Government of Road Island
pretending the same to be within their Jurisdiction, and for
that the Petitioner will not submit to their Usurpations have
comitted many Outrages upon him, and despoyled him of his
Goods and Chattells to a considerable value And therefore
Prajing, That Commissioners may be appointed out of his
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 785
Majestys Colonys of Connecticutt and New Plymouth for
hearing and determining the Petitioners Complaints And that
the Government of Road Island may be comanded to submit
to such Determination, untill his Majesty shall otherwise
order the same. [p. 369. If 2.]
[1224.] Whitehall, 17 July :
. Randall Holden and John Green in behalf of them- New
England.
selves and of his Majestys oppressed Subjects the Inhabitants
of the Towne of Warwick, and of other adjacent Places belonging
to his Majestys Colony of Road Island and Providence Plan-
tation in New-England, Setting forth the great Miserys and
Calamitys they have undergone asweU from the Government
of the Massachusets, As by the unjust Proceedings of the
Commissioners chosen out of the Three United Colonys of New
Plymouth, Massachuset and Connecticut, not only in granting
and awarding to one WiUiam Harris of Patuxet the Lands
bought and improved by the Petitioners but giving him great
Damages, notwithstanding the Testimony of one Mr. WilUams
the first Indian Purchaser of those Lands and other Materiall
Witnesses on the Petitioners behalf as by the Petition more
at large appears. And therefore Praying a Stop may be put
to the Proceedings of the said Commissioners, and that for
determining this and the like Differences that may and will
arise between Colony and Colony, and for avoyding chargable
Appeals from those remote parts His Majesty would be pleased
to settle his Royall Authority over the whole country of New
England, and erect a supreme and indifferent Judicature there :
[The petition was referred to the Committee, the Massa-
chusetts Agents to have a copy and to return their answer
to the Committee, and all papers relating to Mr. Harris's
case to be laid before their Lordships when considering this
business].
[An order follows for the deUvering of a copy of the
petition to the Massachusetts Agents, and requiring their
answer with all speed.] [p. 372. Tjlj 1-2.]
60
786 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
Virginia.
[1225.] Whitehall, 19 July :
West Indies. [A copy of a memorial of the Dutch Ambassador, seeking]
Restitution of the ship Asia with her Lading and appurtenances
belonging to the Dutch West India Company, which was
taken by Captain Watson Commander of the Phoenix, and
carried into the Barbados, She being adjudged to the 0^vne^s
by Sentence of the High Court of Admiralty here, [is ordered to
be sent to Sir Jonathan Atkins, who is to answer by the first
conveniency how the product of the ship and goods has been
disposed of and why they have not been restored].*
ip. 376. H 2.]
[1226.] Whitehall, 26 July :
[The Council refer to the Committee for examination and
report the petition of] Robert Morris Commander of the
Young Prince, Nicholas Prynn Comander of the Richard
and Ehzabeth, and John Consit Comander of the Mary, Setting
forth their good Services in suppressing the late Rebellion in
Virginia, and praying that in consideration thereof, and
of the unavoydable Charges they were at in that Service,
His Majesty would be pleased to Order the repayment of their
Disbursements, and to allow them something of his Royall
Bounty. [P- 377. H 1.]
[C.S.P. V. 764.]
[1227.] Whitehall, 31 July :
The humble Petition of Wilham Staughton and Peter
Buckley Agents from his Majestys Colony of the Massachuset's
Bay in New England this day read at the Boord, Setting forth
their long Attendance and the Desire of their Principalis to
expresse to his Majesty their Subjection Loyalty and
Dependance, and to give fresh Instances of their Duty by a
carefull observance of the Act of Navigation, the administring
the Oath of Allegiance, the conforming of their Laws to those
of England, and the Paying to his Majesty some Annual
• The Asia «&■? taken on the }^ May 1674, between Mource and Cormantin
on the African Coast and on 23 June 1675, a claim for its restitution was
referred by the Council to the Judges of the Admiralty Court.
^ [Cf. Register XI. p. 449 H 3.]
Massa-
chusetts.
1678.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 787
Acknowledgement, And Prajdng the Continuance and Con-
firmation of the Priviledges they have, with additionall Power
for coyning of Money, and Pardon for what has been done
amisse, and to be dispatcht herein, before the Season of the
yeare prove too late for their Departure, which wilbe within
Three Weekes . . His Majesty taking this matter into
serious consideration, is well pleased to observe the good
Disposition of his Subjects, and considering of what Importance
it will be, as well to their Happines and perfect Settlement, as
to his owne Royall Service and Dignity, that some fit
Regulation be made in what hath hitherto been amisse, Hig
Majesty dos not judge it seasonable or convenient, that the
said Agents (who may be usefully consulted in severaU Par-
ticulars) should depart before there be a finall Resolution
taken upon this whole Busines, And to the end the same
may have as quick a Dispatch as is possible. His Majesty
doth hereby order [the Committee] to meet from time to time
and perfect such Report, as by former Orders they are required
to present unto him for his Royall Determination in this
Affair. [p. 379. H 1.]
[1128.] Whitehall, 2 August :
Upon reading this day at the Board the petition of Anne Barbados.
Milton Widdow complaining that by the sinister contrivance
of one Captain Talbot, the Name of Richard Stanford seaman,
has been by him omitted in his List of seamen, that voluntarily
entred themselves in Captain Barrets Company in Sir Tobias
Bridges Regiment in Barbados But put him among those
(that being slaves there) entred themselves for their redemp-
tion only, when as the said Stanford was no such but an
apprentice to the Petitioners Husband a Watchman, and
only left there by the suddain departure of the Crown frigat
(to whom be belonged) By which his pay for his service
there (amounting to 191. and made over to the Petitioner
by the sayd Stanford in lieu of a Bond of 201. and the Bond
thereupon cancelled) is deteyned from the Petitioner to her
utter ruine, And therefore begging shee may be entred in the
788 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
sayd List, that shee may have her Money. His Majesty
pittying the Petitioners calamitous Condition, and being
willing that justice should be done her [refers her case to the
Lord Treasurer who] is desired (if he thinkes fit) to cause
the sayd Richard Stanford to be entred in the sayd List, with
those that are first to be payd. That so shee may have her
due in as full and ample manner as any others in the sayd
service. \p. 382. If 1.]
[This Order is repeated p. 384. ^ 2.]
Transporta-
tion.
Leeward
Islands.
[1229.] Whitehall, 27 September :
Wheras Ralph Wilhamson by his Petition sets forth that
certain persons to the Number of fiftie two have bin convicted
in Scotland, and sentenced to be banished, and transported
to his Majestys Enghsh Plantations, and that the Petitioner
is the Undertaker to transport them, Wherfore he humbly
prayes his Majesty to Order the Governor of Virginia, and
the other Governors of his Majestys plantations where the
said Persons may arrive, to permit him, or his Assignes, to
Land and dispose of them, without any trouble or molestation.
[A letter is accordingly ordered to be prepared for despatch
to the Governor, Lieutenant-Governor, and Assembly of Vir-
ginia, to permit Mr. WiUiamson to land and dispose of these
convicts and such others as shall be convicted in Scotland
and sentenced to transportation and so committed to the
petitioner, " any Law, Order, or Custome of the said Colony or
plantation of Virginia to the Contrary notwithstanding."]
[p. 39L H 1.]*
[1230.] Whitehall, 30 October :
[His Majesty orders that a seal prepared by the Committee
for the pubUc use of the Leeward Islands be transmitted to
Colonel Stapleton for such use]. As alsoe that the charge of
cutting and preparing the said scale bee put to account among
* From 28 September 1678 to 19 February 1679 (Vol. XIII p. 392 to
VoL XIV p. 100) the Register is chiefly concerned with the "Plot," and
colonial matters almost disappear.
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 789
the Contingent Expences of the said Committee and satisfyed
out of the Exchequer pursuant to his Majestys Letters of
Privy Seale. Dated the 23th of June, 1676.
[A longer order follows ordering the use of the seal for public
acts and instruments within the Leeward Islands, declaring
its validity, and requiring publication of the Order itself to
be made in the Islands. The seal is thus described] : — On
the one side Engraven with his Majestys Effigies crowned in
Royall Vestments holding a Trident in one hand placed sitting
in a Chariott drawn by two Sea Horses with this inscription
round the said Figure, Sigillum Insularum Sti. Christopheri,
Nevis, Antegoa, Montserrat, etc. On the other side His
Majestys Armes with the Garter, Crowne, Supporters and
Motto, and round about this inscription Carol us II. Dei Gratia
Magnae Brittianiae, Franciae, et Hiberniae Rex, Fidiae
Defensor. [p. 434.]
[1231.] Whitehall, 30 October:
The Right Honourable the Lord Privy Seale having this Virginia.
day presented unto his Majesty a Copy of a Representation
made by the Assembly of Virginia to Colonel Jefleries Governor
of that Colony, setting forth that his Majestys Commissioners
having called for and forced from the Clerke of the Assembly
all the Originall Journalls, Acts and other publique papers,
They did take the same as a great violation of their priviledges,
and did thereupon desire His Majestys Governor to give the
said Assembly such satisfaction that they might be assured
no such violation should be offered for the future. His
Majesty taking notice of the great presumption of the said
Assembly in their proceeding in such an unwarranted manner
to call in Question His Majestys Authority derived to his said
Commissioners was graciously pleased to referr [the case to
the Committee for consideration and report] what they thinke
fitt to bee done in vindication of his Majestys Royall
Authority, and for bringing the said Assembly to a due sence
and acknowledgement of their Duty and submission towards
his Majesty and such as are commissi onated by him ; [And
790 ACTS OF THE PRIVY COUNCIL (COLONIAL). tl6?8.
" two Pacquetts of Orders and Acts of the Assembly in Vir-
ginia " received by Mr. Secretary Coventry and delivered by
him to the Committee, are to be considered by their Lord-
ships, who shall thereupon] prepare such a Scheme of Laws and
Orders as they shall thinke fitt to be approved and transmitted
by his Majesty unto his said Colony of Virginia.
[p. 435. ]I 1.]
[C.S.P. V. 821.]
[1232.] Whitehall, 30 October:
Jamaica. [A letter from the Eari of CarHsle, Governor of Jamaica,
dated 14 August, is referred to the Committee for con-
sideration and report.] [p. 435. ^ 2.]
[C.S.P. V. 820.]
[1233.] Whitehall, 4 December :
New Whereas Randall Holden and John Green Deputyes for the
ng an • Towne of Warwick and Colony in Road Island, did this day
represent unto his Majesty in Councill, that some Persons
within the Corporation of the Massachusetts Bay had by a
printed paper affixed in pubhque places in New England,
layd Claime to a Tract of Land, called the Kings Province,
which of right belongs to his Majesty and to the Jurisdiction
of Road Island, And the sayd Printed Paper having been
also read at the Board, [a copy thereof is ordered to be sent
to the Agents for Massachusetts, who are directed to attend
on the 6th instant] to shew by what authority or Title the
sayd Claymants pretend unto the sayd Lands mentioned in
the sayd Paper, And ... to informe the Board what
Obedience has been rendred within the Massachusetts Colony
to his Majestyes Letters of the 27 of Aprill 1676 enjoyning the
Magistrates, and other Inhabitants thereof to take the Oath
of Allegiance unto his Majesty according to the forme there
enclosed [P- 464. f 2.]
[C.S.P. V. 838.]
[1234.] 13 December :
New ^ [In accordance with the above Order, the Massachusetts
Agents appeared,] to show by what authority, or Title Simon
England.
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 791
Bradstreete Deputy Governor, and other Inhabitants of that
Colony have by a printed Paper called an Advertisement
dated at Boston the 30th of July last, layd Clayme to the
Land of Narragansett and Niantic Countreyes, called the
Kings Province, And did thereupon declare that the Govern-
ment of the Massachusetts is not at all concerned in this
clayme, but only some Inhabitants, who had purchased those
Lands from the Indyan sachins.
And Whereas Randall Holden, and John Green . , .
did certifye the Board of their certain knowledge, as having
inhabited that Country for above forty yeares, that never
any legaU purchase had been made thereof from the Indyans
by the Massachusetts or any others, And there being likewise
read an Act of voluntary submission of the cheife sachem and
the rest of the Princes with the whole people of the Narra-
gansetts unto the Goverment of his late Majesty together
with 2 Declarations made by his Majestyes Commissioners on
the 20th of March 1664 and 8 of April 1665, wherby it
appeares that they had then received from some of the Prin-
cipal! sachims of the Narragansett Indyans a surrender of
themselves, their subjects, and their Lands to the Govern-
ment and dispose of his Majesty not only by their personal
acknowledgments and sending his Majesty some Presents,
but by presenting the Commissioners with the Deed afore-
mentioned of the 19 of Aprill, 1644, And that as for the pre-
tended purchases, made by Major Atherton and others of
the Massachusetts Colony, His Majestyes sayd Commissioners
did then declare the sayd purchases to be voide, and ordered
the sayd Purchasers to leave the possession and use of those
Lands, and that the Magistrates of Rhode Island should
exercise the authority of Justices of the Peace in the Narra-
gansett Country, by them called the Kings Province, and to
doe whatever they should thinke fitt for the Peace and safety
thereof untill his Majestyes pleasure should be farther
knowne.
His Majesty having taken this matter into his Royall Con-
sideration, Is graciously pleased to Order . . . That
792 ACTS OP THE PEIVY COUNCIL (COLONIAL). [1678.
the Rt. Hon. Mr. Secretary Coventry doe prepare Letters for
his Royall signature, requireing the respective Colonyes and
their Inhabitants in New England to leave all things relating
to the sayd Narragansett Country, or the Kings Province in
the same condition as it now is, or has lately been in. As to
the possession and Government thereof, and with all giveing
them to understand that as his Majesty is informed that not
only the absolute and immediate soveraignety, but the par-
ticular propriety of aU that Country is vested in his Majesty
by the surrender of the Sachems [? Sacheins], so it is his Royall
pleasure that all such persons who pretend any right or title
either to the soyle and Government of the sayd Islands, doe
with aU speed, and by the first conveyance send over persons
sufficiently empowered and Instructed to make the same
appeare unto his Majesty, and that upon such default his Majesty
will give such Order for the Goverment and settlement of
the sayd Province as shall best suite with his Justice, and
the good of his subjects, who are already inhabiting, or shall
desire to make any further emprovement within the sayd
Province, Is humbly submitted to your Royall Determination.
[p. 482. If 3.]
[C.S.P. V. 844.]
[1235.] Whitehall, 20 December :
Jamaica. [The Committee report] that it is necessary for his Majestys
service, that the same allowances setled upon the Establish-
ment of Jamaica for the charge of that Government be also
granted aswell unto the Lord Culpeper, and others imployed
in the Government of Virginia as for the two foot Companyes
to be estabhshed there. His Majesty takeing notice of the
great advantage ariseing to his Customes, and yearly Revenue
from his sayd Colony, And that it is necessary to provide in
due manner for the support and good Government thereof,
was gratiously pleased to order [that] an estabhshment for
the Government service and the companies of foot be made
by the Lord High Treasurer] in the hke manner and proper-
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 793
tion, as is already setled for Jamaica and that his Lordship
doe provide a fund for the same. [p. 488. f 2.]
[C.S.P. V. 851.]
[1236.] Whitehall, 20 December:
[Randall Holden petitions] that he was about 40 years ^®^
. •' England,
smce -svith divers others of the Inhabitants of his Majestys
Colony of Rhode Island seized upon in an hostile maimer by
forces commissionated by the Corporation of the Massa-
chusetts Bay, and carryed Captive to Boston, where he was
comitted to Prison, and most barbarously used, being layd
in Irons a whole Winter, and there made to worke for his
Hveing, and that when nothing could be objected against
him by that Government, he was nevertheless by order of
Court banisht out of that Jurisdiction, upon paine of death,
And therefore humbly praying that in regard he was upon
his returne to his owne home, And not knowing but that
by distress of weather, or other exigency, he might be forced
into the Massachusetts Jurisdiction, his Majesty would be
gratiously pleased to command the Magistrates of the sayd
Colony to repeale and declare voide the sayd Order of
Banishment, And whereas the truth of the fact complained
of by the Petitioner did appeare unto his Majesty not only
upon reading the sayd Order passed at the Generall Court
of Boston in the first month (as it was there styled) of the
yeare 1643/4 whereby it is provided, that If the petitioner or
any of his Company should after 14 dayes from the time of
their enlargment come either within any part of that Juris-
diction, or in, or neare Providence, and other places (where-
unto that Colony had no pretentions of right) that the sayd
persons should suffer death by course of Law, But also upon
a full Information of the many violensyes offerred by the
Massachusetts unto the sayd Inhabitants of the Colony of
Rhode Island and Providence Plantation by pursuing and
assaulting them within their owne bounds and Houses, and
carrying them Prisoners to Boston, where notwithstanding
their Appeale unto the Justice of his late Majesty they were
794 ACTS OF THE PRIVY COUNCIL (COLOOTAL). [1678.
proceeded against as Criminalls, and being tryed for their
Lives, were saved by the pluraUty of two voices only. His
Majesty in compassion to his aggreived subjects, and for
their future security from the Hke outrages, and vexatious
prosecutions [commands that the Order of the Boston Court
be repealed and that those banished may enjoy hberty of free
access and intercourse within the colony of Massachusetts
^*y]- [p. 490. Tl 2.]
[C.S.P. V. 854.]
[1237.] WhitehaU, 24 December :
Tobago. j-xhe Committee report regarding the difference between
Colonel Stapleton and the Admiralty of HoUand] touching
certain Negroes carryed off the Island of Tobago by the
Quaker Ketch in January last, upon the defect of the Dutch
by the french fleete under the Command of Monsieur d'Estree,
And there appearing before us Councill learned on both sides.
It was represented in behaKe of the Dutch, that they were
the true Owners of the said Negroes before the arrivall of the
french, and had continued in the possession of them untill
they were transported unto your Majestyes Island of Nevis
by the Quaker Ketch In Evidence whereof were produced
the Depositions of John Hossen and Daniell Rosens, taken
in Your Majestys High Court of Admiralty on the 12th of
Aprill last, The sayd John Hossen declareing that he was
in the fort of Tobago when it was blown up by the french on
the 12th of December last past, And that having escaped
from thence, he retired unto the Woods, with intent to
secure 104 Negroes, which had been before the Attacke,
sent into the woods for their safety, by order of the Governor
Binckes, That he did continue with them in the woods untill
the french were gone off the Island, And that on the 1st of
January last, there comeing an EngUsh Ketch before the
Island, He did engage the Captain to transport them and
82 Negroes unto Nevis, where he left the said 82 Negroes in
the possession of Colonel Stapleton for the use of the States
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 795
Generall. The sayd Daniell Rosens likewise deposeing that
he was on the Island of Nevis when those Negroes were left
in the possession of Collonell Stapleton.
The Councill on Colonell Stapletons behalfe, alledged that
he remained possessed of the sayd Negroes by vertue of a
Grant from your Majesty whereby all Your Majestys right
and Title was vested in him, That at the time when the
sayd Negroes were taken on board, both french and Dutch
had deserted the Island, there being no person in possession
of them but some salvage Indyans, who came thither to
plunder. That although this did not only appeare by Letters
from Colonell Stapleton but by the report of persons come
from those parts, yet they could not as yet produce any
further proofe of your Majestys right to the sayd Negroes,
which they had neglected to procure by reason they had
supposed the Dutch had not intended to prosecute their
claime. And therefore did humbly desire a competent time
might be allowed them to write unto Collonell Stapleton
and to receive his Answer, with sufficient proofes to make
out Your Majestys Title to the sayd Negroes.
[As Col. Stapleton does not appear to have had notice of
the Dutch claim whereby he might have been able to trans-
mit evidence to prove his Majesty's title to the negroes, it is
recommended that he be informed at once, and allowed six
months to answer the Dutch,] unless by the Arrival of the
Quaker Ketch, which was imployed in transporting the sayd
Negroes, the matter may become fitt before that time to
be proceeded in : [and that his agent WiUiam Freeman
give security of 1,500Z. to answer further process and
make good the negroes in case the sentence be given
against him.
The report, signed by Anglesey, Aylesbury, W. Craven,
and J. WiUiamson, with Phi. Lloyd, is approved, and orders
given accordingly]. IP- *93. ][ 3.]
[C.S.P. V. 856,]
796 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1678.
Ship Passes.
Plantation
Trade.
New
England.
Jamaica.
[1238.] [1.] Whitehall, II May :
[A Straits pass petitioned for on the 11th May is granted
on the 18th to Eobert Yate, Thomas Earle, and Robert
Henley of Bristol to protect their ship the George from the
Algerines. The petitioners, men of repute and ready to
give bond for performance of aU that may be required from
them for prevention of any abuse, intended to send the
George to the Isle of May, New England, and Bilbao, but
altered their intention on finding that such a voyage would
be to their great loss and detriment.] [fp. 14 & 17.]
[2.] Whitehall, 25 August :
. . George Baron of London Marchant, Setting forth that
he is sole owner of an English-built VesseU caUed the Ehzabeth
of London, Wm. Prout Master, now in the Port of Boston
in New England, That he having Effects in New England for
the withdrawing of the same from thence, caused the said
ship, to be built there, which hath been for some time ready
to come for England, but dares not stirre without his
Majestyes pass, to protect her against the Turkes, That in
order to the obtaining one, The Petitioner lately applyed
to the Lords Commissioners of the Admiralty who though
they conceive it very reasonable to be granted, yet never-
theless they declared. That they could not doe it, without
his Majestyes particular directions therein, In as much as
its a Case not provided for by the Rules, estabhsht by his
Majesty in Councell, touching passes. And forasmuch there-
fore. And for that the ship is EngUsh built, and doth solely
belong unto the petitioner, (who is his Majestyes faithfull
borne subject) and wholely navigated with Enghsh, prays
his Majesty would be gratiously pleased to grant the Peti-
tioner a pass for his sayd ship, [Orders were given that the
Admiralty grant the pass]. [P- 95. Ij 1.]
[3.] Whitehall, 27 March :
[On the petition of] David Lockwood Master and of the
Owners Merchants Passengers and ffreighters of the ship
1678.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 797
Dragon lying at Anchor at Gravesend, Setting forth, That the
said ship, Burthen 170 tons, and carrying 16 Guns, 18 Men
and Boys, and 60 Passengers bound for Jamaica ; hath for
some Weeks past been full laden with Goods, part whereof is
Mill worke, and other things proper for Plantations, and
having likewise on board her many Persons belonging to the
Retinue of the Earle of Carlisle, with their ffamilys and Goods,
hath only staid to attend the said Earle, by means whereof
she is now under the Embargo, to the great Losse and
prejudice of the Petitioners, And therefore Praying the said
Vessell may be discharged : [a pass and protection for the
voyage is granted]. [p. 270. U 2.]
[4.] WhitehaU, 30 March :
Sir John Peake and John Harwood . . . Owners New York,
and ffreighters of a small ship called the Recovery, Edmond
Clements Master, which is loaden with Goods for New Yorke,
and clear in the Custome House London, but . . stopt
by the present Embargo, [complain that their goods wiU be
very much damaged by delay and ask for a pass. This the
Admiralty are directed to grant upon the petitioners making
out the truth of their allegations]. [p. 271. ^ 3.]
[5.] WhitehaU, 9 April :
[On a report from the Admiralty, in spite of the embargo, Plantation
passes are granted to the Expedition of Barbados, John ^ ^'
Harding master, bound for Barbados, the pink Benjamin of
London, Arthxir Daimer master, boTind for Boston,] and the
Anne and Grace, John Tyler Master, bound for Newfoundland,
aswell to carry provisions for the Inhabitants of that place,
as to bring home a good quantity of fish left there last yeare,
[pp. 268-7.]
[The Council refer to the Admiralty the petition of John
Phihps master for a pass for the Blessing of New England,
120 tons, laden with perishable goods and carrying above
40 passengers.]
Plantation
Trade:
798 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
[6.] Whitehall, 13 May :
Upon the Petition of Samuel Andrewes master of the
Providence a small Ketch belonging to Boston in new
England, setting forth that the said Ketch was fraited by the
Royall Company from Nevis, and arrived at the Isle of Wight
where his men were prest, and from whence he had a Protec-
tion to come to London, and has laene in the River Seaven
Weeks to the excessive charg of the Petitioner who has a
great family at Boston [the Lords of the Admiralty are
recommended to give him a pass in spite of the embargo,
unless they think it inconvenient for his Majesty's service,
in which case they are to report.] [p. 318. ^ 1.]
[7.] WhitehaU, 15 May :
West Indies: j^rj^g Council refer to the Lord High Treasurer the petition
of the farmers of the 4^% duty in the Leeward Islands, for
a pass for the Nobk Katherine to go thither for the proceeds
of the dutyj which they cannot secure without permission
for a ship to fetch them.
Hudson's
Bay.
[8.] Whitehall, May 19 :
[Notwithstanding the embargo, the Admiralty are ordered
to grant passes to the Prince Rupert of London, 80 tons
burden, Richard Power master, 20 men and 16 passengers,
and the Shaftesbury of London, 100 tons burden, Joseph
Thompson master, 20 men and 16 passengers, to sail to
Hudson's Bay.] [P- 339. H L]
CHARLES II. VOLUME XIV. (1 Jan. 1679— Ap. 1679.)
New
England.
[1239.] Whitehall, 15 January :
The Answer of Mr. Randolph to a question (touching matters
relating to New England) was referred to the Committee of
Trftde and Plantations, [P- 22. II 7.]
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 799
[1240.] Whitehall, 17 January :
[Captain James Barret's petition for 21QI. arrears of pay Barbados,
due to him as captain of a foot company in the late regiment
of Sir Tobias Bridge, is referred to the Lord High Treasurer
who is to report to the Board,] That so such Releif may be
given therein, as his Majestys occasions will permit.
[p. 28. 1] 3.]
[1241. J WhitehaU, 24 January :
The Petition of the Gouernor of the Massachusetts Colony Massa-
was this day presented to his Majestie by Mr. Staughton and
Mr. Bulkeley their Agents here upon reading whereof, his
Majestie orders that it be referred to the Lords of the Com-
mittee of Plantations, And that the great Report, now under
the care of Sir Robert Southwell, touching the state of that
whole Territory be made ready with aU convenient speed.
[p. 45. U 5.]
[1242.] Whitehall, 24 January :
Wheras the Commissary of the States GeneraU of the West Indies.
United Provinces, and of the Dutch West India Company hath
this Day represented . . that one Captain James Browne
did in the yeare 1677 piratically take in a Certain Ship called
the Sun on the Coast of Cartagena neer two hundred negros
belonging to the said West India Company, and one Balthazar
de rue Inhabitant of Amsterdam, and Landed some of them
at Jamaica. That by Order of the Gouernor and Council!
there they were to be seized, and sold, and the proceed
deposited for the vse of the Right Owner. That accordingly
they were sold, and a Bond of three thousand pounds entered
into for restitution therof as aforesaid. That the said Right
having been fully proved to be in the said West India Com-
pany &c. It is humbly prayed that the said Bond may be
deliuered up to their Agent Sir Thomas Modyford. [The
business is referred to the Committee for examination and
report.] [P- ^l. If 3.]
[C.S.P. V. 867.J
New
England.
Rhode
Island.
800 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679
[1243.] Whitehall, 24 January :
The Petition of Mr. Crowne touching Lands in New Eng-
land Referred to the Comitee of Trade. [p. 52. ^ 4.]
[1244.] Whitehall, 31 January :
[The Committee report on the complaint of Randall Holden
and John Green] :— Wee finde it to be cheifly occasioned by
the pretensions and proceedings of WiUiam Harris of
Patuxet in New England, who by his Petition presented vnto
Your Majestic in Councill on the 11th of June 1675 did set
forth, that he and twelue others neer Forty yeares since
purchased of the Indian Princes a certain parcell of Land
called Patuxet, which they enjoyed Peaceable for many
Yeares, notwithstanding the Seuerall Claymes of the Towne
of Providence and of the Massachuset Colony, vntill John
Harrud and a Party with him forceably entred vpon part of
those Lands vnder pretence of a purchase from other Indians
keeping possession of the same against Verdict and Judg-
ment of Court, and that by reason of the Contiguity of
Patuxet bounds vnto Seuerall Townes and Colonies, he and
his Partners Did apprehend no SmaM Danger of loosing their
Rights by the encroachment of the Towne of Providence,
Warwick, new Plymouth and the Massachusets Colony.
Your Majestie hauing herevpon referr'd the examination of
this matter vnto vs and vpon our humble Report that the
Petitioner and his Partners were very fit objects of your
RoyaU care and Protection, Your Majestie in Compassion to
the long and many sufferings complained of by the said
Harris and his Partners, was graciously incUned to order
them Redresse, in the most Speedy and effectuall way that,
could be proposed, signifying your RoyaU Comands by your
Letters of the — August 1675 That the respectiue Gouernors
of your Colonies of the Massachusets, New Plymouth, Con-
necticut and Rhode Island should appoint some able honest
and indifferent Persons to join with each other, and to
cause the Differences and troubles arising to the Petitioner
1679.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 801
and his Partners, concerning the Lands of Patuxet to be
brought to a fair Triall, and that by a just indifferent, and
v|Dright Jury in hke manner appointed, all might be finally
determined according to Justice and without delay. The
first notice your Majestic receiued of the Execution of this
Commission was by the Petition of the present Complainants
setting forth in relation to William Harris, that they had,
in pursueance of your Royall letters attended at the tyme
and place appointed by Summons, and that the Major part
of the Commissioners being elected out of their professed, and
mortall Ennemies, had ouervoted those of Rhode Island,
granting and awarding to the said Harris the Lands bought
and improved by them, and also giuing great Damages, not-
withstanding the Testimony of one Mr. WiUiams the first
Indian purchaser of those Lands, and other materials Witnesses
in that behalf, wherby aboue five thousand acres of land and
Meadows belonging to the Town of Warwick and parts of
adjacent were taken away from them. That herevpon
according to their Charter they appealed vnto your Majestic
and Desired a suspention of the Commissioners Sentence the
refusall wherof had occasioned them to vndertake this Long
Voyage and to suppUcate your Majesties Royall interposition
and settlement of their Country, which by reason of the said
different lawes and formes of Gouernment in the seuerall
Colonies, would not otherwise be accomphshed.
Some time after this, the Right honorable Mr. Secretary
Williamson receiued a letter from Mr. Leveret Gouernor of
your Majesties Colony of the Massachusets of the 15th of
October last past, enclosing a Return made vnto him by the
Commissioners of the Court constituted by Virtue of your
Majesties said Letters vpon the Case of William Harris, which
having been comunicated vnto vs, Wee found it to contem
the proceedings of the said Court in the manner foUowing.
That in pursueance of his Majesties Comands, there appeared
at Providence Plantation in the Colony of Rhode Island on
the third of October 1677, two Commissioners from each of
61
802 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
the respective Gouernments of your Majesties four Colonies
of New England, who hauing Duely Chosen twelve Jury men,
adjourned to the 17th of November following, that so there
might be timely Summons given to such as the plantifs or
Demandents Desired to Commence their Action against ;
At which time Several Verdicts were given in by the Jury, in
behalf of William Harris, and such of his Partners as joined
with him, (who in no Case were more than two) where amongst
others, the Plea against the Towne of Warwick, and the
purchasers of the said Land Called Warwick, was found for
the Plantif WiUiam Harris and Thomas Field, and the
Verdict accepted by the Court with allowance of Costs, The
Court vpon the acceptance of the aforesaid Verdict, ordered
the Towne of Providence to choose able men, to run such a
Dividing lyne as might distinguish and mark out the Lands
claimed by WiUiam Harris and Partners ; a Draft of which
lyne hauing been on the 18th of June following presented vnto
the Court according to their appointment was not accepted
of by them, as not being judged to answer the Courts order
accorduig to the true meaning of the Verdict, So that after
much Debate about it, the Court thought it most satisfactory
that the former Jury themselves should explain their owne
meaning in their Verdict, and accordingly summoned them
to appear at their next adjournment, to be held at Providence,
on the first of October following ; But one of the Commis-
sioners of the Colony of Connecticut absenting himself the
next Day after, gaue occasion to the Commissioners of Rhode
Island to with Draw themselues from the Court, as Deeming
it destitute of Power to Act as a Court. The rest of the
Commissioners notwithstanding continued their meeting, and
the Gentlemen of the Jury hkewise made their appearance,
except the three appointed by Rhode Islande, who being Come
the next Day refused to act as to the Explanation of their
former Verdict, alleaging that they had with the rest of the
Jury, given in their Verdict vpon Oath, which was accepted
by the Court, and they Dismist, And therfore would not con-
cerne themselues farther about it; But the other nyne
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 803
gentlemen of the Jury, gaue in, vnder their hands an explanation
of what they intended in their former Verdict, which the
Commissioners eonceiued to be that lyne, which, according
to Verdict of Jury and Justice ought to be run, and possession
accordingly given vnto the Plantifs, at least vntil his Majesties
pleasure should be further knowne ; Yet, forasmuch as one
of the Commissioners was absent, and two being present, Did
oppose the said explanation, and one, or more hesitated
about the granting Execution ; The said Commissioners thought
fit to leaue the finaU Determination of this whole affair
vnto your Majestic. Vpon pervsaU of the said Eeturne, Wee
ordered a Copie therof to be Deliuered vnto the Complainants
Randal Holden, and John Green, and thervpon wee haue
received their answer, and objections as foUoweth,
That when your Majestie was pleased to grant a hearing
by the Commissioners of the four Colonies, of the Complaints
of WiUiam Harris, there was noe power given to them to Judg
of any other Lands than those of Patuxet, and that the
Lands of Warwick, are no part therof.
That against the proceedings of the Commissioners the
Town of Warwick did publiquely protest in open Court, and
Did humbly make their Appeale vnto your Majestie which
the Major part of the Commissioners Did refuse to grant,
Sajdng it would be of ill Consequence to the Country to allow
of any appeal to your Majestie.
That it appears by the Oath of Roger WiUiams, (who
purchased from the Indians those Lands which Harris and
Partners now possesse, and who haue no other title but that
Dirived from the said WiUiams who is one of the thirteen
Partners) that the Lands claimed by Harris of the Town
of Warwick were nither bought by him of the Indian Sachims
or by him sold vnto Harris or Partners, nor is there mention
of those Lands in any Deed of Sale.
That the Lyne run by the Town of Providence, wherof
Harris, and Field are Inhabitants was accepted by the Com-
missioners and is according to Right.
804 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1679.
That the farther proceedings of the Commissioners for
altering the said Lyne were not agreed vnto, by many of them,
as being vnsatisfactory, So that at last they haue been obliged
to Submit the whole matter vnto your Majestie.
The Complainants therfore humbly praying your Majestie
either, that the lyne run by the Towne of Providence according
to the Verdict of Jury, and Judgment of Court may may be
confirmed, or elce, that all matters remayne in the first state
vntiU Harris and his Partners shall shew Cause for the Con-
trary vnto your Majestie.
This being the true state of the whole affair, wherin the
Complainants Randall Holden, and John Green are Concern'd
either for themselues, or in behalfe of others, in relation to
the Claim of WiUiam Harris, Wee haue presumed to lay the
same before your Majestie with Our humble Opinions that
since by Disagreement and Dissentions of your Majesties said
Colonies in New England, the most equitable Speedy and
probable meanes which your Majestie in your great Wisedome
could Direct for ascertaining and sethng the Rights and titles
of your Subjects there inhabiting, haue after soe long time
found no sutable effect. And in Consideration of the Com-
plainants humble appeale vnto your Majestie for Justice
(which your Majestie in hke Cases wiU alwaies allow of and
encourage) together with the reasons, and Euidences Offered
by them in Justification of their Right, and present possessions
which do not appear to be any part of the Lands of Patuxet,
which only by your Majesties Commission were to be brought
to a tryaU, Your Majestie do therfore Signifie Your Royall
Pleasure vnto WiUiam Harris, and all others whom it may
concerne that the Inhabitants of the Towne of Warwick be
not Disturbed in the quiet and peaceable enjoyment of the
Lands claymed and possessed by them the Inhabitants of
the Town of Warwick, And that all things relating thervnto
remain in the same state they were in before the meeting of
the said Commissioners vntill the said WiUiam Harris or
Partners shaU, in the LawfuU Defence of their Right before
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 805
your Majestie in Councill make out a Sufficient title to the
said Lands.
Councill Chamber, 2 January 1678[9]. Anglesey, Bridg-
water, Essex, Craven, Ailesbury, Pauconberg.
[The report was approved, and orders given accordingly
for the inhabitants of Warwick,] And as to the Lands of
Patuxet, concerning which Mr. William Harris came ouer
into England, which onely by his Majesties Commission were
to be brought to a TriaU. And the Commissioners hauing in
pursueance therof, made a fauourable Report touching the
said Interest. It is further Ordered, that Mr. WiUiam Harris
and Partners be peaceably and quietly possessed of the Same
accordingly. [pp, 70-73.]
[C.S.P. V. 872.]
[1245.] Whitehall, 7 February :
[The Committee report] :— Vpon receipt of your Majestys New
Reference in CounciU of the 24th of January last directing "^'"^ '
us to Consider the Petition of Mr. John Crown in behalfe of
his Father WiUiam Crown, prajdng your Majestie to Grant
vnto him the Lands of Mounthope in New England, in Com-
pensation of the Great loss hee had Sustained by your
Majestys Surrender of Nova Scotia vnto the French, as being
late proprietor in part of that Country, Wee have taken such
informations concerning the said Tract of Land called Mount-
hope as the Deputys of New England which are now
attending your Majestie were able to give vs. And wee find
that the said land was belonging vnto the Sachim Phihp and
his adherents destroyed by your Majestys Subjects in New
England in the late Warr against the Indians. But whereas
the said Deputys doe not give any positive or concurrent
answer as to the Extent value and property of the said land.
And it being not agreeable with your Majestys Justice to make
any Grant or Disposall thereof vntill your Majestie bee
informed of the Right and tittle which the Neighbouring
Colonys may pretend vnto the said Country, which appears to
have been conquered by them, not without great charge and
806 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
bloodshed. Wee are most humbly of opinion that your Majestys
Letters be sent vnto the four Colonies of the Massachusetts,
PHmouth, Rhode Island, and Connecticut, in New England
requiring them to Certify vnto your Majestic with all Speed,
the true Extent, Value and property of the said lands called
Mounthope, with the groimds and evidences of their respec-
tive claimes (where any shall be made) that your Majestic
may therevpon give Such Order as shall Suit with your Royall
Justice and Bounty, Your Majestie having not, as yet received
the least intimation from any of the Said Colonies concerning
the Conquest, Claim, or Disposal of the Said Country.
Councill Chamber, 6th February 1679. Signed by the Lord
Privy Scale, Earle of Essex, Earle of Aylesbury, Earle of
Craven, Lord Bishop of London.
[The report is approved, and its content ordered to be added
to the letter about to be sent to the four New England Colonies
as to " the Narragansett Coimty."] [p. 83. f, 3.]
[C.S.P. V. 882.J
[1246.] Whitehall, 21 February :
West Indies. [The Council approve, and give orders in accordance with
the Committee's report in the case of the negroes claimed by
the Dutch West India Company, that Lord Vaughan, Governor
of Jamaica, had certified the particulars ut supra] And that
the property which is claimed by the Said Commissary in
the said Negros might appear vnto vs he hath produced the
deposition of Nicholas Van Beeck and Marc Broen Directors
of the Dutch West India Company, taken at Amsterdam the
24th of November last, declaring that on the 27th of January
1677 Laden at Curasao one hundred and Sixty One Negroes
on board the Golden Sun, Francis Wier Master, which were
all belonging vnto the Said West India Company ; as alsoe the
Depositions of Balthazar De Rue concerning the Lading of
thirty Negroes more on board the said Ship, for the vse of
himselfe and others the freighters. Wee have Likewise seen
two originall Instruments of Procuration from the said Directors
of the Dutch West India Company and the Said Balthazar de
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 807
Rue, constituting Sir Thomas Modyford their Lawfull Attorney
in all things relating to the Said Negroes. Wee are therefore
most humbly of opinion that . . the Earle of Carhsle
or the Commander in Chief of . . Jamaica for the
time being bee required to give Order that, [upon production
of evidences making out the right of de Rue and the Com-
pany in the negroes, the bond] entered into by Richard
Braine Judge AdmiraU of . . Jamaica, and others for
Restitution of the Said Negroes vnto the Right Owners, bee
forthwith Dehvered vp vnto the Said Sir Thomas Modyford ;
all reasonable charges expended vpon account of the said
Negroes being first satisfyed vnto Such to whom the same
shall appear to bee Due according to such Regulation and
agreement as his Lordshipp shall Direct.
CounciU Chamber 10th of February ] 679. Signed by Earle
of Bridgewater, Earle of Sunderland, Earle of Clarendon,
Earle of Craven, Earle of Aylesbury, Mr. Secretary Coventry.
[p. 101. 1| 2.]
[C.S.P. V. 900.]
[1247.] Whitehall, 21 February:
[The Committee report on a letter of 14 August from Lord Jamaica.
Carhsle to Mr. Secretary Coventry] : — Whereas wee find therein
that great dissatisfaction is expressed, by some of the Council!
in Jamaica, at a Clause in the Mihtia Bill whereby it is
provided, that the Governor may vpon all occasions or emer-
gences, act as Captain GeneraU and Governor in Cheif according
to and in pursuance of all the powers and authorityes given
vnto him, by your Majesties Commission which they are
Jealous of least thereby they should make it legall to execute
all Instructions that either are or shalbe sent to your Majesties
Governor. Wee doe therevpon most humbly Offer our
opinions vnto your Majestie That there is nothing conteyned
in the said Clause of the Mihtia Bill, which your Majestie
can depart from without the greatest prejudice to your Royall
authority ; for asmuch as the sole Supreme Government
Command and disposition of the Mihtia is the vndoubted
808 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1679.
right of your Majestie within all your Majesties Dominions,
and that therefore the Earle of CarUsle bee Ordered to insist
vpon the said Clause as essential to the trust your Majestie
hath reposed in him. Wee have likewise examined the other
part of his Lordships Letter Setting forth that the least Coin
in Jamaica is leaven pence halfe peny ; soe that the Inhabi-
tants Suffer much in their way of Trade, and therefore
desiring an authorty to erect a Mint pursuant to an Order
in CounceU of the 17th of November 1677. whereby your
Majestie is pleased to allow the same in such manner that
noe prejudice doe arise vnto your Majesties other Dominions.
And that wee might proceed herein according to the merit
of soe weighty a matter, wee have consulted the Officers of
your Majesties Mint, and vpon a serious consideration of the
Consequences which will attend the settliag of a mint in
such manner as is desired by the Earle of CarHsle, Wee cannot
but lay before your Majestie what has been formerly repre-
sented vnto your Majestie on the 14th of November 1662,
vpon a reference and debate concerning the establishing of
a Mint in Ireland, "That the preserving of one certain
" Standard in weight and fineness of your Majesties Gold and
" Silver Coynes in aU your Majesties Kingdomes and Dominions
"is very much for the security and advantage of your
" Majesties Kingdomes and Dominions is very much for the
"security and advantage of your Majestie. And that the
"altering and debasing of the said Standards (especially
"that of Silver Monyes, which are the Common measures
" given by your Majestie vnto the people) cannot bee prac-
" ticed or allowed in any part of your Majesties Dominions,
" without eminent prejudice to the rest." But in case the
Earle of Carlisle shall find meanes to provide all necessary
offices and buildings for a Mint, And for the making and
setting vp of aU necessary tools and Engines for Coining
with saUaryes for the vsefull Officers and a Maintenance
for such a Mint. Wee humbly offer Our opinions that then
such Orders and Regulations bee established by your
Majestie for settling the same as shall be agreeable to the
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 809
Rules and Standards of your Majesties Mint in England,
that thereby noe dishonour May happen to your Majesties
Coynes, nor any prejudice arise to the rest of your
Dominions. Dated 8th of February 1678-9. Signed by
the Earle of Bridgewater, Earle of Clarendon, Earl of Ayles-
bury, Earle of Sunderland, Earl of Craven, Mr. Secretary
Coventry.
[The report was approved and the Committee directed to]
Signifie vnto the Earle of Carlisle the particulars conteyned
therein which related vnto a Mint that soe his Lordship may
Govern himseMe accordingly. And as for the Clause of the
Militia mentioned in the said Report His Majestic will Con-
sider further thereof. [pp. 105-6.]
[C.S.P. V. 901.]
[1248.] Whitehall, 26 February :
His Majestie being inform'd that a Considerable fleet of Virginia
Merchant ships are dayly expected from Virginia was this ^ ^'
day pleased to Order in Councell that . . the Admiralty
doe forthwith appoint a Convenient Number of his Majesties
Ships of Warre to ply off of the Channells Mouth, or in such
other Station as to their Lordships shall seem best, to secure
the said Merchant ships from falling into the hands of the
Pyrats of Argier who may probably lye in waite for them.
[p. 107. Tl 1.]
[1249.] Whitehall, 10 March :
[The Council approve an Act transmitted from Barbados] Barbados.
For the empowring Benjamin Middleton Esqr. to sell his
Estate for the payment of his Debts. [p. 124. ^ 3.]
[C.S.P. V. 926.]
Given in fuU in Plantation Register and printed in The Laws
of Barbadoes (London, 1699) pp. 128-9.
[1250.] Whitehall, 14 March :
[The Committee report that in preparing a Commission Virginia,
and Instructions for Lord Culpeper as Governor of Virginia,
in accordance with instructions of 14 December], Wee have
pursued the same Method and Directions as your Majesty
was pleased to prescribe unto Us for the Dispatch of the
810 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679
Earle of Carlisle unto Jamaica both in relation to the making
Lawes and in other fundamentall parts oi the Government
under your Majesty, with such Alterations and Additions as
the Difeerence or Necessity of each Colony hath required
Which neverthelesse Wee have not thought fit to present
to your Majesty without first receiving your especiall Order
touching such points as have appeared unto Us of greatest
moment and difficulty which are as followeth,
1. Wee take Leave to observe that your Majesty has
by Letters Patents dated the 8th of May in the 21th
year of your Reigne and by other Letters Patents dated
the 25th of ffebruary in the 25th year of your Majestys
Reigne granted unto the Earle of St. Alban the Earle of
Arhngton, the Lord Culpeper and others the propriety
of all Lands lying within your Majestys Colony of Virginia
with all the Quit Rents and other Priviledges mentioned
therein which upon the humble suit of the Inhabitants
of that Colony your Majesty, as wee are informed has
engaged your Royall word to take into your owne hands,
and to apply the same unto the pubhque uses and Sup-
port of that Government. [His Majesty is therefore
recommended to revoke the said grants, satisf3dng the
several patentees for their respective interests ; and to
give the necessary orders for doing so to the Lord High
Treasurer].
And Wee do further offer. That the Quit Rents of
Virginia which shall hereupon become due and payable
to your Majesty be applyed to the building of one con-
siderable ffort in such place and manner as shall be found
necessary for the defence of the Country against Eor-
rain Invasions and for preventing and suppressing all
Intestine Seditions as also for the better carrjnng on of
this Worke that your Majesty direct the Governor and
Council! to recommend very earnestly unto the next
Assembly the raysing of Money for the more speedy
building and maintenance of such a ffort.
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 811
2. And whereas by the Report of your Majestys late
Commissioners wee find that James Towne is not only
the most ancient but the most convenient place for the
Metropohs of that Country, Wee cannot but advise that
all possible Endeavours be used for the speedy rebuilding
of the same, As also that the Cheif Port Residence of the
Governor, Courts of Justice, and other pubHc offices
attending the Government be setled and continued in
that place.
3. We take leave to lay before your Majesty that
whereas by an Order of CounciU touching Jamaica, your
Majesty thought fit that aU members of your CounciU
there being displaced by your Majesty should be incapable
after being so displaced of being chosen into the Assembly,
Wee find the same to be a matter of no small difficulty,
besides the great Discouragement it wiU occasion in the
minds of your Subjects there So that Wee cannot advise
your Majesty to Order the same in this your Colony.
4. And altho by your Majestys Instructions unto the
Earle of CarUsle no Persons are obhged to take the Oaths of
Allegiance and Supremacy, except the members and officers
of the Council! the Judges, Justices and Members of the
Assembly, yet Wee are humbly of Opinion, That in Virginia
all Persons of what degree or quaUty soever be strictly
enjoyned and obhged to take the Oath of Allegiance,
And that none be admitted to bear any part in the
Government, without first taking as well the Oath of
Supremacy as that of Obedience unto your Majesty.
5. Wee are humbly of Opinion That whereas the late
Rebellion in Virginia was partly occasioned by the
Incursions of the bordering Indians, and that nothing
can more conduce to the WeKare of that Coimtry then
that the Inhabitants be with the least Expence secured
from the SurprizaUs of those barbarous Enemys. Your
Majesty do therefore Order That flEurniture be sent thither
for 200 Dragoons with some Tents, whereby the Governor
812 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
may be enabled, upon all occasions to mount so many
of your Majeatys ffoot Souldiers, and fit them for that
necessary Service,
6. Wee humbly offer as Our Advice, that upon the
departure of the Lord Culpeper, your Majesty would
send a Mace and a Sword unto Virginia, with ffurniture
for his Lordships ChappeU As also that the Presents to
the Indian Princes be forthwith delivered unto his
Lordship to be disposed of according to your Majestys
Directions.
7. Wee cannot but thinke it necessary, that as a Marke
of your Majestys supreme and imediate Authority, all
Writs be issued in your Royall Name only throughout
the whole Country, notwithstanding any former usage to
the contrary.
8. As Wee have taken great Care to distinguish the
Merits Loyalty and Sufferings of your Majestys Subjects
in Virginia both by the Report of your late Commis-
sionersj^and otherwise. So Wee humbly offer unto your
Majesty the Names of such Persons as Wee have found
most worthy of being chosen and continued in your
Majestys Councill there, which are as followeth. Sir Henry
Chicheley, Col. Nathaniel Bacon, Col. WiUiam Cole, Col.
David Parks, Col. Ralph Wormley, Major Richard Lee,
Col. Josuah Bridger, Col. Thomas Swan, Col. Robert
Smyth, Col. Nic. Spencer, Col. Rowland Place, Col. Aug.
Warner, Major General Custis, Fran, Leigh Esqr.
9. And Wee do farther advise, that Col. Ballard Col.
Bray and Col. Phihp Ludwell at present your Majestys
Coimcellors, be for their unworthy Behavior and Demeirts
deprived of that Honor and Trust. And whereas Col.
Robert Beverley Clerke of the Generall Assembly and
Col. Edward Hill President of Charles City-County have
appeared imto Us imder a Character of eviU ffame and
behaviour in their respective offices, Our humble Opinion
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 813
is that they be put out of all Employment, and not
admitted to any Place of Trust, untill your Majestys
Pleasure be further known.
10. Lastly your Majesty having by an Order of
Council! of the 30th of October last directed Us to con-
sider the Representation made by the Assembly of
Virginia to Col. Jefferys . . We are hereupon
most humbly of Opinion, that the Lord Culpeper at the
first conveniency after his Arrivall in Virginia, be
Ordered to signify your Majestys High Resentment of
this disloyall and seditious Declaration, and to find out
with the assistance of the Council! , who were the Authors
and abettors thereof, that so they may receive the Marlis
of your Majestys Displeasure for this their great pre-
sumption.
February 18, 1679. Bridgwater, Sunderland, Essex,
Clarendon, Craven, Aylesbury.
[The report was approved and the Committee directed to
prepare Lord Culpeper's Commission and Instructions accord-
ingly, and to add Henry Meese Esqr. to the list of the Council
of Virginia.
Orders follow for the execution of the recommendations in
sections 1, 5 & 6 of the report.] [pp. 132-3.]
[C.S.P. V. 932.]
[1251.] Whitehall, 19 March :
[The Committee report in the case of EHzabeth Dudley of Virginia.
Virginia (cf. 1192) that the facts are as aUeged, and that
WiUiam Dudley] had never talsen or plundred any Mans Goods,
but had used his best Endeavours to persuade the People
to a Submission to your Majestys Governor . . [And that
she has produced the biU given to Sir William Berlieley]
dated the .5th of January 1676 which mentions the same to
be in consideration of the Governors Clemency to her deceased
Husband in giving him his Pardon.
Jamaica.
\'irginia
814 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
[It is accordingly recommended, and thereupon ordered by
the Council that restitution of the tobacco or its value be
made by the Governor.] [p_ 135 «t j i
[C.S.P. V. 941.]
[1252.] Whitehall, 19 March :
[The Committee having reported on a letter from the late
Earl of CarUsle] of the 31th of July last to Mr. Secretary
Coventry touching the Trade of Logwood, and employing of
Privateers that resort to that Island, It was . . Ordered
. That Care be taken in the next Treaty with Spain
to adjust the Trade of Logwood, And that . . the Earle
of Carhsle . . discourage as much as in him lyeth all
Persons under his Government from cutting any Logwood
at Campeche, or any other part of the King of Spains
Dominions, And . . induce the Privateers to apply them-
selves to Planting upon the said Island of Jamaica.
{V- 135. H 2.]
[C.S.P. V. 938.]
[1253.] Ibid.
[The Council approve and give orders in accordance with
the Committee's report on their examination into] the Ser-
vices of Robert Morris, Nicholas Prinne and John Consitt
Commanders of Ships employed by your Majestys Governor
during the late Rebellion in Virginia . . . Wee have
examined the Case of the said Persons who by their Petitions
presented unto your Majesty set forth, That they wholy
employed themselves their Ships, and their whole Strength
in acting and doing such things as tended to the suppressing
of that Rebellion, and that they have received no manner of
Reward for their Services nor indeed so much as an Allowance
for their extraordinary Expences in Liquors and other
unavoidable charges they were at by the continuall Resort
of the Loyall Party on board them, which did not cost the
Petitioner Morris so httle as ffifty pounds, nor the other
Petitioners lesse than Thirty pounds each.
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 815
And it doth accordingly appear by the Report of your
Majestys late Commissioners for the Affaires of Virginia, that
the main Service for reducing the RebeUs to then- Obedience
was done by the Seamen and Comanders of Ships then riding
in the Rivers And further that what Signall Services were
done as to the suppressing this Rebellion must be justly
attributed to the incessant Toyle, Courage, and good Suc-
cesse of the Sea Captains Morris, Consett, Grantham, Prinne
and Gardner.
And Wee are thereupon most humbly of Opinion, That
the Petitioners . . are fit Objects of your Majestys Royall
Bounty And that therefore your Majesty besides the Reim-
bursement of the respective summes expended by them would
Order them the hke summes as a Reward of their Loyalty
and Services during the said Rebellion, [i.e., Morris to receive
lOOl. in all, and the other two 501. each], As also that the
Names of the said Petitioners may be entred in the office
of your Majestys Admiralty as fit Persons to be employed
in your Majestys Service when occasion shall offer.
[p. 136. Tl 1.]
[C.S.P. V. 939.]
[1254.] WhitehaU, 21 March :
Whereas a Proposal! was this day made unto his Majesty Leeward
in Councill That the Master or Merchant of every Ship trading
to the Leeward Islands might be enjoyned to carry thither
for Sale Ten or Twelve ffire Armes of Twenty or Twenty ffive
shilhngs a Peice, and a dozen Swords, which would not only
tend to the Security of his Majestys Subjects in those parts
but to the Profit of the Master or Merchant transporting such
Armes, His Majesty having expressed his good Liking of the
said Proposal! [referred it to the Customs for an opinion]
by what meanes, and in what manner the Masters or Merchants
of Ships trading to the Leeward Islands may be induced or
obhged duly to observe and execute the same.
[p. 138. II 2.]
rC.S.P. V. 944.]
New
Plymouth.
816 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1679.
[On 23 April an order is given to the Treasury to direct the
Commissioners of the Customs to permit all ships bound for
the Leeward Islands to transport 12 firearms (of 20s. or 25s.
a piece) and 12 swords] Custome free for the terme of 3 Yeares,
takeing out a free Warrant as in the Case of Bulhon.
[Vol. XV. p. 9. T! 1.]
[C.S.P. V. 978.J
[1255.] Whitehall, 26 March :
A Letter to the Governor and Magistrates of his Majestys
Colony of New Pljnnouth in New England. [On the peti-
tion of Thomas Baxter, late of New Plymouth, representing]
That being prest in his Majestys Name to take up Armes in
defence of the said Towne and Colony in the late Warrs with
the Indians, He was in that Service so disabled by the acci-
dental! breaking of his Gun, whereby he lost his ffingers and
most part of his Left Hand, that he is altogether uncapable
to worke for his Living, and is under great Want and
Necessity as appeared by a Certificate under the hand of
Josiah Winslow Governor of New Plymouth, Which his
Majesty taking into consideration, [the petitioner is effectually
recommended to the Governor and Magistrates for an
allowance.] [p. Ul. ^ 4.]
.Newfound-
land.
[1256.] Whitehall, 28 March :
. . Sir John ffrederick. Sir Nathaniel Heme, John Gould,
Benjamin Newland and sever aU other Merchants of London
on behalf of themselves and others his Majestys Subjects
concerned in the Newfoundland Trade, Setting forth That for
the Support of that Trade which is so advantageous to this
Kingdome, it is absolutely necesBary that the Petitioners
Shipping should come to Market at least as early as the
ffrench which they will not be able to do unlesse they depart
from Newfoundland by the first of August at furthest But
not daring to adventure to proceed from thence for the
Streight without a Stronger Convoy then ordinary, in respect
of the present Warr with the Turks and their Strength, Ihey
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 817
humbly prayed a Convoy of ffour Ships of Warr whereof Two
to proceed about the first of August with the Ships that
shalbe then in readiness to depart and the other Two about
the 10th of September following with the residue of the said
Ships for the Streights, [It was referred to the Commissioners
of the Admiralty] to speake with the Petitioners about the
Convoy desired, and to endeavour so farr forth to accomodate
them for the Security of their said Trade, as may consist
with the present Condition of his Majestys Affaires.
[p. 143. Tl 2.]
[1257.] WTiitehall, 4 April :
[The Council approve, and give orders in accordance with Jamai<^^a.
the report of the Committee on a reference regarding the
present state and government of Jamaica as settled by his
Majesty's commission, that] their Lordships see no reason
why any Alteration should be made in the Methode of
makeing Lawes, according to the usage of Ireland, for which
their Lordships are prepareing Reasons to evince the legahty
of the same. And that Whereas a Ship is now lying in the
Downes, bound for that Island, their Lordshipps advise that
. Mr. Secretary Coventry doe by this conveyance mforme
the Earle of Carlisle of his Majestyes pleasure herein, with
Directons that all things be disposed to this End, And that in
the meane time the present Lawes enacted by the Lord
Vaughan be continued by Proclamation, or otherwise untill
his Majestyes pleasure be further knowne, as also that his
Lordship doe by the first conveyance send over an Authentique
Copy of the Act for a publique Impost, lately enacted there
according to his Lordships Instructions for matters of that
nature. [p. 149. H 2.]
[C.S.P. V. 961.]
[1258.] Whitehall, 9 April :
[A further petition of the orphans, widows, administrators, Barbados,
executors, and assigns of the deceased Barbados soldiers is
referred to the Commissioners of the Treasury for examina-
tion and report.] [p. 156. ^ 2.]
62
818 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
[On 9 July a similar petition is similarly referred.]
[Vol. XV. p. 164. TJ 4.]
[1259.] WhitehaU, 16 April :
Tobago. [The Council approve, and give orders in accordance with,
the report of the Committee in favour of granting] the
petition of John Van Wachtendoncke Comissary for the
States General! of the United Provinces, and WiUiam freeman.
Agent for Colonel Stapleton . . . Praying that in
regard they had agreed about the Right of the Negroes taken
off of the Island of Tobagoe by the Quaker Ketch. And
did feare least the same, or the proceed thereof should be
imbezzeUed, or lost before the Expiration of the six Monthes
Assigned unto Colonel Stapleton for Certifying the Evidencyes
of his particular Clayme. His Majestyes Orders might be
therefore sent unto Colonel Stapleton, empowering him to
receive aU the sayd Negroes, And the proceed of such of
them, as are or shall be sold, and to keepe the same in his
possession, untiU the right of them be finally judged and
determined. [Sir Richard Haddocke on behalf of Captain
Haddocke late commander of the Quaker ketch, having given]
his ready consent thereimto, provided that when this matter
should be determined due Consideration might be had of the
Expence and trouble Captain Haddocke had been at in bringing
off the sayd Negroes from Tobagoe which might appeare at the
arrivall of the Quaker Ketch here in England, [p. 159. IJ 1.]
[C.S.P. V. 972.]
[1260. J Ibid.
[Lord Culpeper's Commission and Instructions, with the
Acts of ObUvion, of Naturahsation and for a Public Revenue
to be raised on Virginia, as drawn up by the Committee, are
ordered to be despatched by Mr. Secretary Coventry with
all convenient speed.] [P- ^^^- ^ ^'^
[C.S.P. V. 973.]
[1261.] Ibid.
Virginia. [The Committee having reported that the powder in Vu'-
ginia had become decayed and useless, a hundred and fifty
Virginia.
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 819
barrels of good powder are ordered to be delivered to Lord
Culpeper or to whom he shall authorise, and the old powder
to be returned to the office of the Ordnance in England.]
[p. 160. ^ 2.]
CHARLES II. VOL. XV. (21 April 1679—29 May 1680.)
[The Committee of Trade and Plantations appointed on Committee
22 April, 1679:- HJ'^'
Heneage Lord Pinch, Lord Chancellor.
Anthony, Earl of Shaftesbury, Lord President of the Council.
Arthur, Earl of Anglesey, Lord Privy Seal.
Christopher, Duke of Albemarle.
John, Duke of Lauderdale, Secretary of State for Scotland.
James, Duke of Ormonde, Lord Steward of the Household.
Charles, Lord Marquess of Winchester.
Henry, Lord Marquess of Worcester.
Henry, Earl of Arlington, Lord Chamberlain of the
Household.
John, Earl of Bridgwater.
Robert, Earl of Sunderland, one of the Principal Secretaries
of State.
Arthur, Earl of Essex, first Lord of the Treasiu-y.
Thomas, Lord Viscount Fauconberg.
George, Lord Viscount Halifax.
Henry, Lord Bishop of London.
DenziU, Lord HoUes,
William, Lord RusseU.
William, Lord Cavendish.
Henry Coventry Esqr, one of the Principal Secretaries of
State.
Sir John Ernie knt. Chancellor of the Exchequer,
Sir William Temple bart.
Henry Powle, Esqr.
820 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1679.
Additions noted in register : —
Lord Roberts and Lord Holies 27 June 1679.
]\Ir. Hyde 26 Nov. 1679.
Sir Leoline Jenkins 14 Feb. 1680.
On 7 May 1679 the affairs of Jersey and Guernsey were
also entrusted to this Committee.] [p. l,]
[1262.] WhitehaU, 25 April :
in'the^" [^° encourage persons in holy orders to serve his Majesty
Plantations, in their function either at sea or in the plantations, it is
ordered] That all such Persons in holy Orders, that now are
abroad, or hereafter shaU goe to sea, or to any of his Majestyes
Plantations, or with Ambassadors and publique Ministers
beyond sea, shall (during such their absence in the sayd
Implojrments) have and enjoy the full profits of their fel-
lowships, or Benefices, And at their retume home reenter
upon them againe. Whereof all persons concerned are to
take notice, and governe themselves accordingly.
[p. 13. If 2.]
[1263.] Whitehall, 4 May :
Jamaica. [Philip Bennet and Peter Langworth, ministers, who are
appointed to go to Jamaica, are allowed twenty pounds each
to defray the charges of their transportation thither, of his
Majesty's free gift and bounty, and two pounds in addition
to make the sum clear of any fees payable upon it.]
[p. 19. ^ 2.]
[1264.] Whitehall, 12 May :
Virginia. [It is referred to the Admiralty to treat with Lord Culpeper
and the Commissioners of the Navy and to report what they
find most convenient with regard to the hiring of a ship] for
transporting the Lord Culpeper's Company into Virginia and
other services there. IV- 29. 1| 2.]
[1265.] WhitehaU, 16 May :
Virginia. Whereas It was this day represented . . . that a
Ship is lately come from Virginia, The master whereof is able
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 821
to give some Information concerning the State of that Colony,
[he is ordered to attend the Committee on the 20th instant
at 4 in the afternoon]. [p. 36. ^ 2.]
[C.S.P. V. 991.]
[1266.] Whitehall, 16 May :
His Majestic being this day present in CounciU, and reflecting Newfound-
upon the Injury so often don to his honor, and the losses ^'^ '
which his good subjects have so frequently susteined by the
liberty, which the masters of the Fish Ships trading to New-
foundland have taken, either of departing before their Convoys,
or leaving them during the voyage to Come earher than the
rest at their market. And his Majestic for the better security
of his Subjects trading to that place having now in an Extra-
ordinary manner Ordered that the Convoy this year for such
fishing ships, shall consist of Four Frigats according to the
desire of the principal! Owners, and their Proposal! of
adhearing strictly to the Rules and Orders that should be
given in this behalfe. His Majestie hath thought fit to declare
that if any merchant Ship shall saile from Newfoundland to
Portugall, South Spain or the streights before the dayes
appointed for the departure of the Convoys, or shall leave the
Convoys during the voyage with design to be first at the
market. The Owners, Freighters, Comanders, and seamen
of such Shipps, shalbe deemed Contemners of his Majesties
authority, and of his RoyaU Care for their preservation. And
therfore. It is hereby signified that no seamen taken on such
Shipps by the Turks shall at any time be released by virtue
of any pubhque Treaty or Contribution, And that if any such
ship shall happen into the company of any other of his Majesties
Frigats, the said Frigats shall not be charged with the care
of them. And for the better Regulation of this Trade, and
suppljdng of the markets abrode. His Majestie at the humble
request of the principall owners, is pleased to Order, That
the first Fleet of the said Newfoundland Shipps shah, depart
thence on the 10th of August next under the safeguard of two
of the said Convoyes, and the latter on the 20th of September
822 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
following, with the other two Convoys, or assoon after the
respective daies as wind and weather will permit. And his
Majestie doth Comand that this Order be pubUshed in New-
foundland on the arrival! of the first Convoy, and so by each
of the Convoys at their respective arrivalls there, Also, That
notice of the same be dihgently dispersed throughout all the
Ports of Newfoundland, that none of the fishery may have
any pretence for their Neglect or Disobedience herein. And
lastly his Majesties pleasure is That the Commissioners of
the Admiralty do give this order in Charge unto the several!
Comanders of his Majesties Shipps who are appointed for
Convoyes as aforesaid.
[There foUows a direction to the Commissioners of the
Customs to have this Order pubHshed in all the ports from
which vessels sail to the Newfoundland fisheries.]
[f. 39. Ht 1-2.]
[1267.] Whitehall, 16 May :
Bermudas. [There is referred to the Committee a petition of the free-
holders, merchants, and inhabitants of the Bermudas] Com-
plaining of the Injury They sustain by the Company at
London Trading thither. [p. 39. ]f 3.]
[C.S.P. V. 990.]
[1268.] Whitehall, 21 May :
Virginia. [The Commissioners of the Admiralty having made no
report on Thomas Gardner's petition referred to them on
10 December, 1677, the present Commissioners are directed
to examine the petition and report thereon.] [y>. 42. ^ 3.]
[1269.] Ibid.
Virginia. jjis Majestie being graciously pleased to grant a Convoy
unto the Fleet of Ships now bound to Virginia . . .
It is hereby ordered that the merchants and masters of ships
concerned in that Voyage do attend his Majestie at a
meeting of the Commissioners of the Admiralty in the Robes
Chamber tomorrow being thursday, at four of the clock
in the afternoon, for adjusting and setling the time of their
Departure. [p- 42. ^f 5.]
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 823
[1270.J Whitehall, 21 May :
There was this day presented irnto his Majestie in Council! Virginia.
a Report from [the Committee] setting forth That .
Mr. Secretary Coventry had dehvered unto the said Committee
the Petition of Bartholomew Price, guardian to John
Jefferies son to Colonel Herbert Jefferies late Governor of
Virginia, touching the iU usage Mrs. Jefferies widow to the
said Colonel Jefferies had received there, by being kept under
an arrest upon pretence of Debt, As also two letters from
Mrs. Jefferies, the one to Mr. Secretary Coventry, the other
to her brother, wherin she complaines of the misserable Con-
dition she was in, by the claim laid against her by Colonel
Spencer accomptant to the Lord Culpeper for aU perquisits
received since Colonel Jefferies came into the Country, Upon
which she hath been arrested and forced to give Baile, and
therfore desires that leave might be given her to Come into
England to lay her Case before his Majestie being wiUing to
give Security to pay whatever his Majestie shall adjudge to
be the Lord Culpepers due. And their Lordships further
representing that the same being imparted to the Lord
Culpeper, His Lordship assured them, that Colonel Spencer
had received no other Power or direction from him, then to
act in his behalf pursueant to his Majesties letter to Colonel
Jefferies of the 27th of december 1677, whereby the Receipt
of Perquisits and Salary respectively due unto them, is setled
and adjusted, and that his Lordship had declared himself so
fully assured, that Colonel Spencer had proceeded herein
according to the expresse sense of his Majesties letter, That
he offered to give the security of five himdred pounds to
make good aU that shall appear to have been don by Colonel
Spencer therimto in claiming or demanding any other per-
quisits then such as were due unto him. Provided Mrs.
Jefferies do give Security to pay all perquisits received by her
husband for which he is not warranted by his Majesties said
letter. Wherupon his Majestie taking into Consideration the
good services perform'd by the said Colonel Jefferies during
824 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
his Government in Virginia, as also the desolate condition
of his widow, Has thought fit to order, . . That .
Mr. Secretary Coventry do signifie his Majesties pleasure unto
Sir Henry Chicheley Lieutenant Governor of Virginia, .that
he do particularly inf orme himself of the Differences depending
between the Lord Culpeper or his agents, and the said Mrs.
Jefferies, and transmit a speedy accompt therof unto his
Majestie as also to take care that the said Mrs. Jefiferies be
permitted to Come into England for setling of her deceased
husbands debts and accompts in this place. And it is further
ordered, That Mr. Secretary Coventry be attended by the
Lord Culpeper, and by the said Bartholemow Price, Mr.
Alderman Jefferies, and such others, who may be wiUing to
conceme themselves in behalf of Mrs. Jefferies, and that Mr.
Secretary do take sufficient security as well on the part of the
Lord Culpeper, as of the said Mrs. Jefferies, That all things
shalbe duely performed and executed pursueant to his
Majesties said letter of the 27 of December 1677, upon the
arrival of the said Mrs. Jefferies here in England.
[p. 50. ^ 2.]
[C.S.P. V. 998.]
[1271.] Whitehall, 21 May:
Nova Scotia. A memoriall from the Dutch Ambassador about their
Rights in Nova Scotia or Acadie was read, and referred to
[the Committee]. [p. 51. If 1.]
[1272.] Whitehall, 23 May :
New Wheras Sir John Shorter, Sir William Warren, and Gregory
England, p^gg, have by their Petition this day read at the Boord set
forth, that at a pubhque sale in the high Court of Admiralty
they bought the ship Post horse burthen about Four hundred
Tunns, and have fitted her for a voyage to New England to
bring hither larg and long masts for the use of his Majesties
Ships now building according to their Contract with the
officers of the Navy; And praying that the said ship may
be made a free ship to Trade, or that some other Course may
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 825
be taken that she may not incurr the penalty of the Acts of
Navigation for trading into his Majesties Plantations, His
Majestie in Councill was pleased to declare, that he thought
it not convenient to make any more forrain built Shipps to
be free, but because It is for his service, and the pubhque
benefit that the said ship should proceed without any
impediment or Molestation in her intended voyage, [a pass is
ordered to be granted freeing the ship from any obstruction
or impediment]. [p. 54. ^ 1.]
[1273.] Whitehall, 28 May :
[The Council approve, and give orders in accordance with CaroUna.
the following report of the Committee] : — Wee have in pur-
sueance of your Majesties order signified unto us by .
Mr. Secretary Coventry, taken into Consideration the Petition
of Rene Petit and Jacob Guerard Gentlemen of Normandy,
praying your Majestie to lend two of your small ships for the
transportation of about fourscore Forrein Protestant FamiUes,
being skilled in the Manufactures of silks, Oyles, Wines &c.,
who are wiUing to go and settle in Carolina, Provided your
Majesties consent may be likewise obteined. That the summe
of Two thousand Pounds sterhng, which is to be advanced
towards the Charges of this Undertakiug may be reimbursed
to the adventurers, upon the first moneys accrewing to your
Majesties Customes, by bringing into England the Comodities
of that same Plantation. And Wee have likewise Examined
the Report, returned imto Us by the Commissioners of the
Customes, upon Our desires to be better informed how far
this undertaking might influence Your Majesties Customes.
And upon the whole matter. Wee are most humbly of Opinion,
that it carmot be, but of very great advantage, and impor-
tance to the Trade of this Nation, and increase of your
Revenue that forrein Protestants be incouraged to betake
themselves imder your Majesties Dominion, and particularly,
that these Famihes mentioned by the Petitioners be enabled
to transport themselves into the Province of Carohna, where
they may carry on, and improve the manufactures of forrein
826 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679,
Countries. And therfore Wee humbly advise your Majestie
to give Order for the preparing and fitting out Two such
small Frigats* (nither of which may draw above twelve foot
water) as may be fit to transport the said Families, assoon
as the undertakers shall give in a List of their names with
sufficient Assurance, that they will Come and Imbarque
themselves on Boord therof for this voyage. Provided,
they do likewise take in Victualls, and Provisions for them-
selves, without putting your Majestie to further charge then
to maintain the ships Company, and such as shall be under
your Majesties pay And provided also, That the said Families
be such as shall come from beyond the seas, or are arrived
here on purpose for this designe, and be many of them
skilfuU and be practiced in the manufacture of Wines, silks,
and oyles.
And that your Majestie may be no wayes defrauded of your
Customes upon pretence of reimbursing the money Expended
by them, and for preventing any abuse that may happen
by Carrying Tobacco to Carolina from the Bordering Plan-
tations of Virginia, We do further offer, that the said families,
may be aU obhged to settle and Plant more southerly then
the 34th degree of Northern Latitude, and that the reimburse-
ment desired by them may be made out of the Customes
arising from the Comodities brought out of such Plantations
in Carohna as lye within that Latitude, to comence from
the tyme the said families shall arrive upon a Certificate of
such arrivaU from the Collector and Surveyor of the Customes
or in his absence from the Governor, and Councill there.
Councill Chamber, 22 May, 1679. Shaftesbury pr., Anglesey
c.p.s., Bridgwater, Sunderland, H. Coventry. [p. 61. ^ 1.]
[C.S.P. V. 1006.]
[1274.] WhitehaU, 28 May :
Jamaica. [The CouncU approve, and direct the preparation of orders
and instructions in accordance with the following report of
* [There is a stroke through the word Frigats.]
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 827
the Committee] : — Wee have in Obedience to your Majestys
Commands entred into the Consideration of the present state
of your Majestys Island of Jamaica in order to propose such
means as may put an End to the great Discouragements your
Majestys good Subjects there lye under by the unsetled
Condition thereof, occasioned by the Refusal of the Laws
lately offered by the Earl of Carhsle to the Assembly for their
Consent. All which Proceedings and Dissatisfactions appear
to have arisen in the manner following By the Commission
granted by Your Majesty unto the Lord Vaughan and several
preceding Governors It wa^s Your Royal Pleasure to entrust
the Assembly of Jamaica with a Power to frame and enact
Laws by the Advice and Consent of the Governor and Council,
Which Laws were to continue in force for the Space of two
Years and no longer. But so it hath hapened that your
Majesty finding the Inconveniencies which did attend that
Power and manner of making Laws by the irregular violent
and unwarrantable Proceedings of the Assembly, was pleased
with the Advice of your Privy Council, to provide by the
Earl of Carhsle's Commission that no Laws should be Enacted
in Jamaica but such as being framed by the Governor and
Council and transmitted unto your Majesty for your Royal
Approbation were afterwards remitted to Jamaica and con-
sented unto by the Assembly there. And in Pursuance hereof,
the Earl of Carhsle carried over a Body of. Laws under the
Great Seal of England; Which Laws upon his Lordships
Arrival there, have been rejected by the General Assembly
upon Grounds and reasons contained in an Address to your
Majesty's Governor, and in divers Letters received from his
Lordship in that behalf.
1. In the first Place we find they are unsatisfyed with
a Clause in the Mihtia BiU, whereby it is provided that
the Governor may, upon ah Occasions or Emergencies,
act as Governor in Chief according to and m Pursuance
of aU the Powers and Authorities given unto him by
your Majesty's Commission, fearing that thereby they
828 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1679.
shall make it legal to execute aU Instructions that either
are or shall be sent to your Majestys Governor.
2ly : They have likewise rejected the Bill for raising a
PubUck Revenue as being perpetual and lyable (as they
say) to be diverted.
Sly : It is objected that the said Laws contain divers
fundamental Errors.
41y : That they were not compared with and amended
by the last Laws sent over by the Lord Vaughan.
5ly : That the Distance of the Place renders the present
Method of passing Laws whoUy impracticable.
6ly : That the nature of all Colonies is changeable,
and consequently the Laws must be adapted to the
Interest of the Place and must alter with it.
71y : That hereby they lose the Satisfaction of a Dehbera-
tive Power in making Laws.
8ly : That the Form of Government renders your
Governor absolute.
91y : That by the former Method of enacting Laws your
Majesty's Prerogative was better secured.
These being the Objections and Pretences upon which
the Assembly has, with so much animosity, proceeded to
reject those Bills transmitted by your Majesty, Wee caimot
but offer for your Majestys information and Satisfaction,
such a short Answer thereunto as may not only give a
Testimony of the unreasonableness of their Proceedings, but
also furnish your Governor, when occasion shall serve
with such Arguments as may be fit to be used in Justification
of your Majestys Commission and Powers granted imto
him.
1. It is not without the greatest Presumption that
they go about to question your Majestys Power over
the MiUtia in that Island, since it has been allowed and
declared, even by the Laws of this your Kingdom, that
the sole supreme Government, Command and Disposition
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 829
of the Militia, and of aU Forces by Sea and Land, and
of all Forts and Places of Strength, is residing in your
Majesty -within aU your Majesty's Realms and Dominions.
2. The Objection made against the BiU for the Pubhck
Revenue hath as Mttle Ground, since it being perpetual
is no more than what was formerly offered by them unto
your Majesty during the Government of Sir Thomas
Lynch, in the same Measure and Proportion as is now
proposed : nor can it be diverted, since Provision is
thereby expressly made that the same shall be for the
better Support of that Government. Besides that it is
not suitable to the Duty and Modesty of Subjects to
suspect Your Majestys Justice or Care for the Govern-
ment of that Colony whose Settlement and Preservation
has been most particularly carried on by your Majesty's
tender regard and by the great Expence of your own
Treasure.
3. It caimot, with any Truth be said that these Laws
contain many and great Errors, nothing having been
done therein but in pursuance of former Laws at divers
times Enacted by the Assembly and with the Advice of
your Majestys Privy Council as well as the Opinion
and Approbation of Your Attorney General upon Perusal
of the same.
4. To the fourth Objection it may be answered that
if anything had been found of moment or Importance in
the last Parcel of Laws transmitted by the Lord Vaughan,
your Majestys tender Care of your Subjects Welfare
would have been such as not to have sent those Bills
imperfect or defective in any necessary matter.
5. As to the Distance of the place which renders as
they say, the present Method of making Laws altogether
impracticable. Your Majesty having been pleased to
regulate the same by Advice of your Privy. Council,
according to the usage of Ireland, such Care was then taken
so that no Law might be wanting which might Conduce
830 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
to the Welbeing of the Plantation, and that nothing
might be omitted which in all former Governments had
been thought necessary. Nor is it Kkely that this Colony
is subject to greater Accidents than your Kingdom of
Ireland so as to require a more frequent and sudden
Change of Laws in other Cases than such as are already
provided for upon Emergencies or in other manner than
is directed by your Majestys Commission, Whereby the
Inhabitants have free Access to make Complaints to
your Governor and CovmcU of any Defect in any old
Law, or to give reasons for any new one which being
modelled by the Governor and Council into form of Law
and transmitted unto your Majesty if by your Majesty
and Council found reasonable, may be transmitted back
thither to be enacted accordingly.
6. It was sufficiently apparent unto your Majesty
that Laws must alter with the Interest of the Place,
when you were graciously pleased to Lodge such a Power
in that Government as might not only from time to time
with your Majestys Approbation and by Advice both
of your Privy Council here and of the Governor and
Council there enable the Assembly to Enact new Laws
answerable to their growing Necessities, but even upon
urgent occasions to provide by raising mony for the
Security of the Island, without attending your Majestys
Orders or Consent.
7. It is not to be doubted but the Assembly have
endeavoured to grasp all Power as well as that of a DeMbera-
tive Voice in making Laws ; but how far they have thereby
intrenched upon your Majestys Prerogative and exceeded
the Bounds of their Duty and Loyalty upon this Pretence,
may appear by their late exorbitant and unwarrantable
Proceedings during the Government of the Lord
Vaughan, in ordering and signing a Warrant unto the
Marshal of the Island your Majestys Officer of Justice,
for the stopping and preventing the Execution of a
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 831
Sentence passed according to the ordinary Forms of Law,
upon a notorious Pyrate and Disturber of your Majestys
Peace. And they have farther taken upon them, by
vertue of this Dehberative Power, to make Laws contrary
to those of England, and to imprison your Majestys
subjects. Nor have they forborn to raise mony by Pubhck
Acts, and to dispose of the same according to their Will
and Pleasure, without any mention made of your Majesty
which has never in like case been practised in any of your
Majestys Kingdoms How far therefore it is fit to entrust
them with a Power which they have thus abused and to
which they have no Pretension of Right, was the Subject
of your Majestys Royal Consideration when you were
pleased to put a Restraint upon these Enormities, and
to take the Reins of Government into your own hands,
which they in express words against their Duty and
Allegiance, have challenged and refused to part withe.
8. It cannot with any truth be supposed that by the
present Form of Government, the Governor is rendered
Absolute since he is now more than ever become account-
able unto your Majesty of all his most important
Deliberations and Actions, and is not warranted to do
anything but according to Law and your Majestys
Commission and Instructions given by Advice of your
Privy Council.
9. And whether your Majestys Prerogative is pre-
judiced by the present Constitution is more the Con-
cernment of Your Majesty and subject of your own Care,
than of their Consideration.
Lastly and in the General, We humbly Conceive that it
would be a great Satisfaction to your Subjects there inhabiting
and an Invitation to Strangers when they shall know what
Laws they are to be governed by, and a great Ease to the
Planters not to be continuaUy obHged to attend the AssembHes
to re-enact old Laws which his Majesty has now thought fit,
in a proper form to ascertain and estabhsh : Whereas the
832 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
late Power of making Temporary Laws could be understood
to be of no longer continuance than until such wholsome
Laws, founded upon so many Years Experience should be
agreed on by the People and finally Enacted by your Majesty
in such manner as hath been practised in other of your
Majestys Dominions, to which your EngUsh Subjects have
transplanted themselves. For as they cannot pretend to
farther Priviledges than have been granted to them either
by Charter or some solemn Act under your Great Seal ; so
having, from the first beginning of that Plantation been
governed by such Instructions as were given by your Majesty
unto your Governor, according to the Power your Majesty
had originally over them, and which you have by no one
Authentic Act ever yet parted with ; and having never had
any other right to Assembhes than from the Permission of
the Governors and that only Temporary and for Probation
It is to be wondered how they should presume to provoke Your
Majesty by pretending a right to that which hath been
allowed them meerly out of favour, and discourage Your
Majesty from future Favors of that kind ; when what your
Majesty ordered for a Temporary Experiment, to see what
Form would best sute with the Safety and Interest of
the Island shall be construed to be a total Resignation of the
Power inherent in your Majesty and a Devolution of it to
themselves and their WiUs without which neither Law nor
Government, the essential Incidents of their Subsistance and
welbeing, may take place among them.
Since therefore it is evident that the Assembly of Jamaica,
have, without any just Groxmds and with so much Animosity
and Undutifulness, proceeded to reject the marks of your
Majestys Favour towards them and that your Majestys Reso-
lutions in this Case are hke to be the measure of Respect and
Obedience to your Royal Commands in other Colonies ; We
can only offer as a Cui-e for Irregularities past and a Remedy
against all farther Inconveniencies, That Your Majesty would
be pleased to Authorize and Impower Your Governor to call
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 833
another Assembly and to represent unto them the great
Convenience and Expediency of accepting and consenting
unto such Laws as your Majesty has, under Your Great Seal,
transmitted unto them. And that in case of Refusal, his
Lordship be furnisht with such Powers as were formerly given
unto ColoneU Doyley your first Governor of Jamaica, and
since unto other Governors, whereby his Lordship may be
enabled to govern according to the Laws of England, where
the different nature and Constitution of that Colony may
conveniently permit the same, and in other Cases to act with
the Advice of the Council in such manner as shall be held
necessary and proper for the good Government of that Plan-
tation, untiU your Majestys further Orders. And that by
aU Opportunities of Conveyance, the Governor do give your
Majesty a constant and particular Account of aU his Pro-
ceedings in pursuance of your Instructions herein, [pp. 63-69.]
[C.S.P. V. 1009.]
[1275.] WhitehaU, 28 May :
[The Council approve and give orders in accordance with, Jamaica,
the following report of the Committee] :— Upon Perusal of
several Letters received from the Earl of Carhsle your
Majestys Governor of Jamaica We humbly offer unto your
Majesty such Pointswherein his Lordship desires Your Majestys
Instructions together with our Advice for answering the same.
1. His Lordship by a Letter of the 20th of May 1678
informs Mr. Secretary Coventry that a VesseU was
arrived at Jamaica from Surinam bringing an Account
of the Indians having cutt off most of the EngUsh and
Dutch remaining there, and destroyed their Canes, Sugars
and Utensils, and that the Residue of the EngHsh would
have embarqued for that Island, had they not been
hindered by the Governor, being with the Dutch forced
into the Castle for their Defence. His Lordship there-
fore desiring your Majestys Order for the sending a Vessell
to bring oif from Surinam the remaining part of the
Enghsh desirous to be transported thither.
^ 53
834 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
To which Particular Wee humbly answer, that although
by the 5th Article of the last Treaty with Holland, your
Majesty was intitled to Depute one or more Persons thither
to see the Condition of your Subjects there and to adjust
with them a time for their departure ; as also to send one
two or three Ships at one time and thereon to imbarque and
carry away your Subjects, their Goods and Slaves : yet con-
ceiving the said Permission from the Dutch to be only Tem-
porary, and your Majestys Subjects having then had warning
and Opportunity to come away. We cannot think any of your
Majestys Governors may with Success or without rendring
their Vessels subject to Confiscation, send thither at this
time, to transport the EngKsh from Surinam, at least until
such time as the States General shall in like manner as
formerly upon your Majesty's desire grant sufficient and
Authentick Laws to the Governor of that Colony to suffer the
said EngHsh to depart and permit the coming of such Ships
as your Majesty shall send for their Transportation. Nor
on the other hand do we see any other reason than for
present Defence against the Indians, why the Dutch Governor
should forbid the EngKsh to transport themselves any where
else it being expressly provided by the 5th Article of the
Surrender, made between ColoneU Byam Your Majesty's
Governor of Surinam and Abraham Crinsens who took the
same, that in case any Inhabitants of that Colony shoiild
then or hereafter intend to depart thence, they should have
Power to sell their estates ; and the Governor, in that case,
should procure their Transportation, at a moderate Freight,
together with their Estates.
2. The Earl of Carlisle sets forth that he had several
complaints from the Inhabitants of Trist in the Bay of
Canpeche of the great Disorders they were under, from
the want of some Method of Government for the better
setling the Logwood trade which is cut there ; ■ his Lordship
therefore desiring that Affair might be adjusted with the
Spaniard who must otherwise of necessity expose their
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 835
Gold and Silver to a number of English, who are abroad
and have nothing else to live on ; and withal praying
your Majestys Directions and Commands touching the
Settlement of a Governor at Trist, having already taken
care to inform himseK of a fit Person among the Inhabi-
tants to undertake that Charge.
Whereupon We humbly offer that although for many Years
and long before the late Treaty with Spain for composing of
Differences in America, this Place has been frequented by your
Majesty's Subjects for cutting and selling of logwood, yet
it doth not appear unto us that ever any Government was
constituted there, or any such Settlement regularly made
as might amount to a lawful and quiet Possession. So that
considering Trist is an Island surrounded by the Spanish
Plantations upon the Main and always accounted by them
under the District of their Dominions, although at present
not actually possessed by them, Wee are of Opinion that no
Habitation or Government can be allowed or maintained
there by your Majesty without Violation of that Treaty
which provides that your Majestys Subjects shall not sail
unto or Trade in the Havens and Places which the CathoHck
King holdeth in the West Indies. And as for the Trade of
Logwood for the Sake whereof this Settlement can only be
useful, we humbly advise that the Earl of CarHsle may
regulate himself according to your Majestys Order in Council
of the 19th of March last, directing him to discourage as much
as in him lyes, the cutting of Logwood in the Bay of Campeche
or any other Parts of the King of Spain's Dominions.
3. His Lordship further intimates that the French
in Hispaniola are very desirous to trade with Jamaica
and to bring thither Cocoa and moneys for the manu-
factures of England, without which Trade privately or
pubMckly carried on it would be hard managing a Trade
in that Island : for that aU Ships from Ireland and other
Parts laden with Provisions carry off the same ready
836 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679
mony which is so scarce there that unless a Private
Trade with them and the Spaniard give reUef, the want
of it will be very great.
To this Point we are humbly of Opinion that his Lordship
be put in mind of the Laws setled by Parhament for the
Encouragement and Increase of Shipping and Navigation
whereby all Trade with Strangers from and to your Majestys
Plantations is restrained and forbidden, his Lordship having
taken an Oath for the due Execution of the said Acts, besides
that a PubUck Allowance from your Majesty of a Trade,
either with the Spaniards or French, would afford matter of
Offence to those Kings who are so strict in prohibiting any
Trafick with Strangers.
4. We have likewise taken notice of his Lordships
Intimation of a considerable Planter who hath trans-
ported himself from the Leeward Islands to Jamaica,
making Complaint of the great Difficulty he foimd to
gett off his Family from thence, by reason of an Act
made there against the Transportation of Familys ; His
Lordship supposing that it was Your Majestys desire
that the Inhabitants of St. Christophers should be
encouraged to remove to Jamaica for Your Majesty's
Service and their Security.
! In Answer whereunto we humbly presume that whatever
Instructions Your Governors in those Parts have formerly
had in relation to the French Fleet, which then seemed to
threaten your Leeward Islands, Your Majesty cannot but
esteem them a considerable Parcel of your Plantations ;
and that besides the Trade which daily increases there and
affords so much advantage to your Majestys Customs and
Navigation of this Kingdom, they are of absolute necessity
for opposing the French and hindering their Progress and
Designs against your other Colonys.
5. His Lordship observing the Scarcity and great use
of White men and particularly of Tradesmen in Jamaica,
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 837
and that such may advance themselves and improve the
Island, desires your Majesty may be moved therein upon
Disbanding the Army.
Upon which Instance Wee are humbly of Opinion, that it
is not convenient for your Majesty to be at further Charge
or Trouble herein, than that if any Person or Tradesman
shall desire to repair unto Jamaica Your Majesty may permit
them to go thither upon such Terms and Incouragements as
are usual in Hke Cases.
6. Lastly Wee find, by an Account from his Lordship,
that the Harbour of Port Royal is very much strengthened
by two New Batteries, the one called the Rupert, the
other the Carlisle, begun and finished by the great Care
and Dihgence of Sir Henry Morgan, with which service
we would not fail to acquaint your Majesty, And upon the
whole matter we humbly offer our Opinion that his
Lordship may receive speedy Signification of your Majestys
Commands upon the Particulars abovementioned, that
he may govern himself accordingly.
[Signed by Shaftesbiu-y, Pr., Anglesey C.P.S., Sunderland,
Henry Coventry, H. Powle, and Tho. Dolman. The report
was approved, and his Majesty's pleasure in accordance
therwith ordered to be signified to the Earl of Carhsle.J
[pp. 70-74.]
[C.S.P. V. 1008.]
[1276.] WhitehaU, 30 May :
The Petition of Sir Francis Moreton, Major John Netheway, West Indies.
&c., (touching a peace in the West Indies) [is referred to the
Committee]. \P- '7- ^ ^-^
[1277.] Whitehall, 6 June :
[The Committee are directed to] consider how farr the pre- Colonial
sent aUowances for maintenance of the Government in his ^°™^^"
Majesties Colonyes of America may be reduced with con-
venience to his -Majesties Service. [P- 90- H l-l
[C.S.P. V. 1016.]
838 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
[1278.] Whitehall, 9 June :
Seth Sothell. Whereas Seth Southall one of his Majestys Subjects designed
by the Proprietors of his Majesty's Colony of CaroUna to goe
their Governour there was in his way thither taken by the
Pirates of Argier where he yet remaines in Slavery, It was
this Day Ordered by his Majestie in Coimcell That the said
Seth SouthaU should be endeavoured to be exchanged for
one Hadgamore late Commander of the Tiger of Argier or one
BufEUo Ball And It was further Ordered that Sir John
Narborough AdmiraU of his Majestys Fleet lately in the
Streights doe take care to see the said Exchange Effected.
[p. 100. If 1.]
[1279.] Whitehall, 11 June:
[On the report of the Committee, 200L is ordered to be paid
to Captain Thomas Grantham as an encouragement and
reward for his very considerable services in the suppressing
the late rebellion in Virginia.] [p. 109. f 1.]
Virginia.
Barbados.
Leeward
Islands.
[1280.] Ibid.
[The petition of Captain James Barret (late of Sir T.
Bridge's regiment) for 216L arrears due to him, is referred to
the Commissioners of the Treasury, his Majesty having a
gracious remembrance of the services and sufferings of the
petitioner.] [p. no. ^ 2.]
[1281.] WhitehaU, 13 June :
[The Committee report] : — Wee have been attended by
Mr. Joseph Crisp Agent imployed by the Inhabitants of your
Majestys Leeward Islands to Sohcite the ratification here in
Europe of a Treaty of Newtrahty lately concluded between
Colonell Stapleton . . and the Governour Generall of the French
King those parts. And by the Petition of the said Agent
wee are given to understand That having as is required by
the said Treaty demanded a confirmation thereof at the Court
of France, the Ministers of his most Christian Majestie had
made answer That the said Treaty was not equaU, in as much
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 839
as all the Islands, belonging unto them were comprised therein,
but not all the Islands belonging to your Majestie, and had
thereupon refused to ratifye the same, unless your Majestys
Islands of Barbados and Jamaica were brought under the hke
obhgation as your Leeward Islands. Wee have hkewise
entred into a Serious consideration of the State of those your
Majestys Dominions and having weighed the small propor-
tion of Strength which they hold with the French, who by
reason of a yearly Supply of Ships of Warr and standing forces
are in a capacity of giving great annoyance to the Enghsh,
unlesse your Majestie doe maintaine the same power in those
parts.
Wee are humbly of opinion that your Majestie do give
Order that a Treaty of Neutrahty be negotiated with his
Most Christian Majestie pursuant to the Treaty concluded
by Colonell Stapleton and Monsieur de Blanac with an addition
of Jamaica and Barbados to your Leeward Islands, wherein
Provision may be made that your Majestys Subjects bee
restored to what is rightfully belonging unto them by vertue
of the Treaty of Breda.
And whereas your Majestie has been pleased that wee should
consider whether any diminution of the Expence your Majestie
is at for maintaining your Plantations in America may be
convenient for your Royall Service at this time, wee cannot
advice your Majestie to retrench any part of the charge
which has hitherto been found necessary for the Support
of your Majestys Leeward Islands Since the same are chiefely
exposed to the dangers of Warr and of very great advantage
to your Majestie and your Kingdomes.
[The report is approved, and Mr. Secretary Coventry directed
to make apphcation to the French Ambassador for the nego-
tiation of the proposed treaty, the negotiations being entrusted
to the Lord President, the Lord Privy Seal, the Lord Chamber-
lain, and the two principal Secretaries of State.]
[p. 115. H 3.]
840 ACTS OF THE PRIVY COaNCIL (COLONIAL). [1679.
[On 10 July the Earl of Bridgwater is added to the Com-
missioners for treating.] [p. 172. 1| 1.]
Barbados.
Newfound-
land.
Massa-
chusetts.
[1282.] Whitehall, 16 June :
[The Commissioners of the Treasury having presented the
petition of Colonel Strode and his partners, farmers of his
Majesty's revenue of 4J% at Barbados, showing that several
Acts have lately been passed in the island very prejudicial
to his Majesty's revenue, it is referred to the Committee.]
[p. 120. ^ 1.]
[1283.] Whitehall, 18 June :
[In a section giving several estimates for furnishing His
Majesty's ships on various services, occur the names of the
Newfoundland convoy — Maryrose, Anthelope, Reserve, and
Dover. (For these, with the Guernezey and Swanne for Ice-
land the charges for ship carriage, gunpowder, shot, match,
arms, and other gunners' stores, amounted to 5513Z. 13s. M.)]
[p. 125. t 1.]
[1284.] Whitehall, 20 June :
[The Council approve the following report of the Committee
and direct the sending of the letter embodied therein] : —
Wee having taken the busines of New England as it con-
cemes the Colony of the Massachusets into Our consideration,
and finding the present conjuncture is not very favourable
for settling and Estabhshing what concerns your Majestys
Service there in such method as were to be wish't, and
towards which worke we have prepared and are preparing
many Materialls now under the care of Sir Robert Southwell ;
and finding the Agents, after a long attendance here, very
impatient to returne home. Wee presume to offer your
Majestic for your approbation, such a Draught of a Letter
to be writ unto that Colony, as may keep things in a fair and
probable way of amendment, untiU a fitter Season shall
present more effectually to reassume the care of this whole
matter. And the said Letter is as followeth :
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 841
. . . These Our letters are to accompany Our trusty
and welbeloved William Stoughton and Peter Bulkeley Esqrs.
your Agents who, having manifested to Us great necessity
in their Domestique Concernes to returne back into New
England, Wee have graciously consented thereunto, and the
rather because, for many moneths past, Our Councill hath
been taken up in the Discovery and prosecution of a Popish
Plot, and yet there appeares httle prospect of any speedy
leasure for entring upon Regulations in your affaires as is
certainly necessary, not only in respect of Our Dignity, but
of yoiu: own perfect Settlement. But it is very probable that
if either your said Agents had brought Commission to inter-
meddle in such Regulation (which they have disowned) or
that you had sent such Commission after them, when from
time to time, intimations were given them of what wee did
expect and what wee were thereupon wiUing to Grant ; neither
their stay had been thus long, nor had the matter been now
undetermined. Wee must therefore attend a farther oppor-
tTinity for this Worke ; and, in Order thereunto, Our WiU
and pleasure is, That you choose out such other fit person or
persons Duly instructed by you, and send them over in Six
Moneths after the receipt of these Our Letters, that they
may here attend Us in the prosecution of the same. For
since the Charter, by its frame and constitution, was
originally to be executed in this Kingdome, and not in New
England otherwise then by Deputation (as is accordingly
practiced in all other Charters of hke nature) 'tis not
possible to Estabhsh that perfect Setlement wee so much
desire, untill these things are better understood.
In the mean time wee doubt not but the bearers hereof,
who have demeaned themselves, during their attendance
here, with good care and discretion, wiU from their own
observations, acquaint you with many important things,
which may be of such use and advertisement to you, that
wee might weU hope to be prevented by your appHcations
in what is expected or desired by us ; soe much it is your
842 ACTS OP THE PRIVY COUNCIL (COLONIAL). [1679.
interest to have all past errors and mistakes forgotten, and
that your condition might be soe amended, as that neither
your settlement, or the minds of Our good Subjects there
should be lyable to be shaken and disquieted upon every
complaint.
Wee have heard, with satisfaction, of the great readines
wherewith Our good Subjects there have lately offered them-
selves to the takeing of the Oath of Allegiance, which is a
clear manifestation to us that the unanswerable defect, iu
that particular, was but the fault of a very few in power,
who, for so long a time, obstructed what the Charter and Our
expresse Commands obhged them unto, as wiU appear in Our
Gracious Letters of the 28th of June in the fourteenth Year
of Our Reigne. And Wee shall henceforth expect that there
will be a sutable Obedience in other particulars of the said
Letters, as Namely in respect of Preedome and Liberty of
Conscience, so as those who desire to serve God, in the way
of the Church of England, be not thereby made obnoxious
or discountenanced from their sharing in the Government ;
much less that either they or any other of Our good Subjects
(not being Papists) who do not agree in the Congregationall
way, be by Law Subjected to Pines or forfeitures or other
incapacities for the same. Which is a Severity to be the
more wondred at, when as Liberty of Conscience was made
one principall motive for your first Transplantation into those
parts. Nor doe Wee think it fit that any other distinction
be observed in the making of Preemen, than that they be
men of Competent Estates, ratable at ten shillings according
to the Rules of the Place ; and that such in their turns, be
also Capable of the Magistracy, and aU lawes made voyd that
obstruct the same. And because wee have not observed any
fruits or advantage by the Dispensation granted by us in
Our said Letters . . whereby the Number of Assistants,
setled by Our Charter to be eighteen, might be reduced unto
the Number of Ten, Our Will and pleasure is that the ancient
number of 18 be henceforth observed according to the letter
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 843
of the Charter. And Our further Will and Pleasure is, that
aU persons coming to any Privilege, trust, or office in that
Colony, be first enjoyned to take the Oath of Allegiance.
And that aU the Mihtary Commissions, as well as the pro-
ceedings of Justice may run in Our Royall Name.
Wee are informed that you have lately made some good
provision for observing the Acts of Trade and Navigation,
which is well pleasing unto Us ; And as Wee doubt not and
doe expect that you wiU abohsh all lawes that are repugnant
to, and inconsistent with the laws of Trade with Us ; Wee
have appointed Our Trusty and Welbeloved Subject Edward
Randolph Esqr. to be Our Collector, Surveyor, and Searcher,
not only for that Colony, but for all other Our Colonies in
New England, Constituting him by the Broad Scale of this
Our Kingdome to the said Imployments ; and therefore
recommending him to your help and assistance in all things
that may be requisite in the discharge of his Trust.
There is one thing which Wee cannot omit to lett you
know Wee are surpri/ed at, which is. That during the time
we had the Complaint of Mr. Gorges under Our Consideration,
you should presume, without asking Our RoyaU permission,
to purchase his Interest in the Province of Maine, the truth
whereof is but lately owned by your said Agents ; when
almost at the same time wee come to hear of some effects of
a severe hand, layd by you on Our Subjects there in con-
sequence thereof. And whereas your Agents declare you
have paid to Mr. Gorges the summ of Twelve hundred pounds
for the said Province, Wee doe expect that, upon Our
Reimbursment of what it shall appear you have paid for the
same, that there bee a Surrender of all Deeds and Writings
thereof made into your hands ; and that your future Agents
doe bring them over : forasmuch as Wee were some time in
Treaty for the said Province and doe disapprove what you
have done therein.
And as for that part of the Province of New hampshire lying
three miles northward of Merimack River which was granted
844 ACTS OF THE PEIVY COUNCIL (COLONIAL). [1679.
unto Mr. Mason, and whereof the Government remaines stiU
vested in Us, you are not to expect (according to the desire
of your Agents) that the same should be annexed to your
Government. For Wee have it under Our Consideration
how to Estabhsh such method there as may be of most
benefit and satisfaction to Our good Subjects of that place.
And therefore Our will and Pleasure is, that you doe recall
all Commissions granted by you for Governing within that
Province, Which wee doe hereby declare to be voyd, and
doe require that you doe, in all things for the future, conforme
yourselves unto the Regulation which Wee have taken in this
behahe. And see not doubting of your Duty and obedience
herein, Wee bid you farewell.
[Signed by Finch C, Shaftesbury Pr., Anglesey C.P.S.,
Arlington, Bridgewater, Sunderland, Fauconberg, Halifax,
Cavendish, H. Coventry, J. Ernie, and H. Powle with Thomas
Dohnan.] [pp. 132-5.]
[C.S.P. V. 1028.]
[1285.] Whitehall, 20 Jime:
New [The Coimcil approve, and give orders in accordance with,
the following report of the Committee] : — Wee have received
the Petition of Mr. Edward Randolph setting forth the
attendance he hath continually given, by your Majesties
Order, upon your Service in the affaires of New England,
to the Neglect of his own private Concerns ; and therefore
praying your Majesty's Gracious favour and consideration
for the same. Whereupon we cannot but acquaint your
Majestie that the Petitioner has been very Serviceable unto
your Majestie both by the Informations wee have received
from him concerning your Majestie's Colonies of New Eng-
land whether he was sent with your RoyaU Letters in the
yeare 1675, and by his constant attendance on that busines.
Soe that taking notice that from the time of his ArrivaU out
of New England which was on the 10th of September 1676,
imtiU the 12th of Jime 1678, when he was appointed Collector
of your Majestie's Customes in those parts he has remained
England.
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 845
altogether unrewarded by your Majestie for his great paines
and attendance; Wee have humbly of opinion that his
sallary of One hundred pounds per annum, as CoUector of the
Customs doe Commence from the 10th of September 1676,
when he arrived here from Boston, whereby he may receive
the summ of One hundred seaventy five pounds as a Com-
pensation for his past service, and be the better enabled to
undergoe the Charge of transporting himselfe and family to
New England. [pp i3g_6.]
[C.S.P. V. 1029.]
[1286.] WhitehaU, 25 June :
[In consideration of his services in Virginia, Captain Virgmia.
Thomas Gardner is recommended to the Admiralty for
employment in the naval service on the first suitable
occasion.] [p. 144. ^ 1.]
[1287.] WhitehaU, 27 June :
[The Council approve, and give orders in accordance vnth, Plantation
the following report of the Committee] : — Wee have in
obedience to your Majesty's Order in CounceU of the 23rd
of ApriU last, perused a letter dated the 19th of February
1678, from the Lord Lieutenant and CounceU of Ireland,
to . . Mr. Secretary Coventry setting forth that divers had
been arrested and stayed in several parts of that Kingdoms,
by colour of Warrants from the Admiralty of England, upon
pretence that goods of the growth of your Majestie's Plantations
in America, had been some time past landed in Ireland,
contrary to the EngUsh Statutes made for regulating the
Plantation Trade ; And withaU representing the particular case
of Humphrey Jervis Alderman of Dublin, who had made
complaint unto them that a ship caUed the Dubhn, whereof
he is Major part owner, had been arrested once at Kingsale
in June last, and an other time in the Harbour of Dubhn
upon the hke pretences Wee have been alsoe attended by
Sir Richard Lloyd and Sir Thomas Exton Judges Surrogates
846 ACTS OF THE PEIVY COUlSraL (COLONIAL). [1679.
of your Majesty's High Court of Admiralty and by tlie
Commissioners of your Customs who had by Our directions,
been possessed some time before of Copies of the aforesaid
papers, in Order to their coming prepared to give us their
opinions what might be fit to be done in these Cases, And by
them wee are informed, that it is not without good Cause that
so strict a hand is kept for hindring the irregular Trade of
the Merchants of Ireland to your Majesty's Plantations who
have of late ventured upon pretences of Shipwrack and other
fraudulent Devices, to elude the severaU Acts of Parliament
here which expressly provide, that this Kingdome be made
a staple to the Commodities of your ilajesty's Plantations
for the supply of other Countryes. In which unlawful!
practices they have been encouraged and abated by the
farmers of your Majesty s Irish Revenue, tLat thfreby they
may defraud your Majesty's Costomes in F-^ig'.awd arsd draw
unto themselves a benefit from the Oes:.:£!!ks hl Ireland
arrising by this insular Trade, see £ar ait '^yer irum being
damnifyed ten thousand pounds as in tlie ssai pipers is
alleged by them. In consideration whereof Our humble
advice is that since wee see noe reason why any Seizures of
this kind should be forbidden or discountenanced your
Majesty's Lieutenant and CounciU of Ireland may receive your
RoyaU Orders to take care as much as in them lyes, that the
Methods of law now practised in that Kingdome according
to the powers of your Majesty's Court of Admiralty here
may have their due course and take that effect which is
necessary for securing your Majesty's Customes in England
pursuant to the severall Acts of Parhament made in this
behalfe. [p. 149. ^ 1.]
[1288.] WhitehaU, 27 June :
Colonial [The Committee having reported on the matter of the
I'iStablish- j • i- •=> r
inents. reduction of expenses in connection with the plantations
referred to them on the 6th instant, it was ordered] That
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 847
the foUowing aUowances and EstabUshments for his Majesty's
Plantations shall be continued and noe others, Vizt.
For Barbados.
I. a. d.
To the Governor per annum q^qq qq qq
For Jamaica.
To the Governor per annum 1000 00 00
To the Deputy Governor per annum 0600 00 00
To the Major Generall per annum 0300 00 00
For the maintenance of forts belonging to the said Island
per annum 0600 00 00
To two Companyes consisting of One hundred Common
Soldiers each besides Officers 3327 11 08
The whole amounting to 6827Z. 11 08
For the leeward Islands.
To the Governor per aimum 0700 00 00
To two foot Companyes on the English part of St. Chris-
tophers consisting of Eighty Comon Soldiers each besides
Officers per annum 2778 10 08
The whole amounting unto 3478i. 10 08
For New Yorke.
For allowances made by his Majestie towards the maintenance
of the Forts and Guarrisons of New Yorke per annum.. 1000 00 00
For Virginia.
To the Governor per annum 1000 00 00
To the Lieutenant Governor per annum 0600 00 00
To the Major Generall per annum 0300 00 00
For Maintenance of the Forts belonging to Virginia per annum 0600 00 00
For two Companyes consisting of himdred Common Soldiers
each besides Officers 3327 11 08
To the Chirurgeon per annum 0091 05 00
To the Chaplain 0121 13 04
6040Z. 10 00
Besides an allowance to an Engineer to be retained for some
time longer, in case the Country proceed to build a fort
after the rate of ten shillings per diem for himselfe and
two shillings per diem for one servant per annum . . . . 0219 00 00
As also to a Gunsmith and Two Mates to be continued some
time longer the pay of which at 8«. 4rf. per diem amoimts
„„. 0152 00 00
unto
The Summ Totall of all amounting to . . . . 17517Z. 12 04
848 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
And it is further Ordered that the above said allowances
be payd and satisfyed from time to time as the same shall
become due by the paymaster of his Majesty's Forces upon a
Generall Estabhshment to be settled for that Service ; \^Tiich
the Right Honourable the Lords Commissioners of the Treasury
are hereby Directed to see done accordingly ; And his Majestie
is further pleased to declare his pleasure that the two foot
Companyes for Virginia as hkewise the two foot Companyes
in Jamaica together with the allowance of One thousand
pounds made towards the maintenance of the Forts and
Guarrison of New Yorke shalbe continued for One year and
untill further Order. [p. 150. ][ 1.]
[C.S.P. V. 1038.]
[1289.] Whitehall, 2 July :
SethSothell. [With reference to the Order of 9 June for the exchange
of Seth Sothell, Sir John Narborough having certified on the
26th ultimo,] That he was then arrived at Plymouth, and had
left . . Hadg omar and Buffolo Ball under the Charge of
Vice AdmiraU Herbert in the Streights, [Vice Admirall Herbert
is directed to procure the exchange of Sothell for the Algerine
captains named or one of them, or, in case they are already
disposed of], for the first Prisoner or Prisoners of Note that
shalbe taken of the Algerines by any of his Majesty's Ships
under his Comand. ['p. 158. t 1.]
Ohiistopher.
[1290.] Ibid.
St. . ^ ^ [It is referred to the Treasury to consider and determine
the petition of the owners of the Concord, Brazil frigate, and
Bachelor claiming 5501. for the service of each of the first two
and 1810L for the Bachelor lost on the expedition against
St. Christopher. Order had already been made for satisfying the
petitioners after the Barbados mihtia had been paid, but
they have hitherto been unable to have tallies struck, and they
pray that, as the Commissioners to whom their claims were
referred by the Lord Treasurer are now ready to report,
tallies may be struck in the Exchequer for what shall appear
due to them.] [p. 158. If 3.]
1679.] ACTS OP THE PRIVY COUNCIL (COLONIAL). 849
[1291.] Whitehall, 2 July:
[The Council approve, and give orders in accordance with New
a report of the Committee recapitulating the proceedmgs ''"^'^"''•
leading up to the Order of 2 January on the petition of
RandaU Holden and John Green, and proceeding] :-
Whereas the said Holden and Green were no sooner departed
but the Petitioner WiUiam Harris hath made his Appearance,'
beseeching your Majesty to take such Course as might finaUy
determme the Matters complayned of by him, Wee are humbly
of Opmion, That by reason of the distance of Places and Absence
of the Parties it wilbe a matter of too great difficulty for your
Majesty to give such Judgment therein as may equaUy decide
their respective pretensions.
And whereas the said Holden and Green did offer their Excep-
tions against the Colonies of the Massachusets and Conecticut
upon divers past differences between them. And that on the
other side the Petitioner WiUiam Harris thinks he has just
cause to except against the Colony of Rhode Island as being
particularly interessed in the present Controversy. Wee
therefore humbly offer. That your Majestys Royall Commands
be again sent to the Governor and Magistrates of your Colony
of New Plymouth, Authorizing and requiring them to call
before them the said RandaU Holden and John Green, and
other Persons in whose behalf they have lately appealed
unto your Majesty And having in due manner examined the
Pretensions of the said Harris unto the Lands possessed by
them, do returne unto your Majesty a particular State thereof
and their Opinions thereupon with aU convenient speed.
And whereas your Majesty hath aheady thought fit to Order,
That the said William Harris and Partners be peaceably and
quietly possessed of the Lands of Patuxet adjudged unto them
by the first and Three last Verdicts given in pursuance of
your Majestys late Commission, Wee further offer That the
Governor and Magistrates of the Colony of Rhode Island, to
whose Jurisdiction the said lands apperteyne be strictly charged
54
850 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
and required to put the said William Harris and Partners
into the quiet possession thereof, and to take care that Exe-
cution be given for their Dammage and Costs allowed by the
said Verdicts and Judgments of Court, within the space of
Three Moneths at furthest after the Receipt of your Majesty's
Comands, And that in default thereof, sufficient Powers may
be sent unto the Neighbouring Colony of New Pl3Tnouth to
cause the same to be duly executed without delay.
[p. 159. If 4.]
[C.S.P. V. 1044.]
[1292.] Whitehall, 9 July :
Barbados. [The Council refer to the determination of the Treasury
the petition of Francis Tyrwhitt, gentleman, representing]
That upon full Hearing of the cause depending between the
Petitioner and the Lord Ranelagh and Lord Brereton, con-
cerning divers Summes of iloney, and Sugars laid out by the
Petitioner in the West Indies for his Majestys Service by
Order of the late Lord ffrancis Wiiloughby then Governor
there, ffor payment whereof the said Lords obteyned a Privy
Seale from his Majesty in right of their Wives as Daughters
and Coheirs to the said fiFrancis Lord Wiiloughby, His Majesty
was pleased to declare that it was just and reasonable the
Petitioner should be satisfyed out of the Summe of
3397^. 25. 4d. payable to their Lordships on the said Privy Seale,
and accordingly referred the Examination of the Debt to the
late Lord Treasurer, by whose Report it appears there is
due to him 672484^.^ of Muscavado Sugar, of which 458872Z.
was for his Majestys Service, That upon the Lord Brereton's
renouncing to the Administration the Lord Ranelagh in right
of his Wife hath taken out Letters of Administration of the
said ffrancis Lord Willoughbys Estate, And therefore Praying,
That the said Earle may be Ordered to dehver to the
Petitioner so many Talhes already struck on the said Privy
Seale as the said 458872?. of Muscavado Sugar amoimts to
at 12s. 6d. per Cent., the price current there.
[p. 166. If 3.]
1679.J ACTS OF THE PRIVY COUNCIL (COLONIAL). 851
[1293.] Hampton Court, 10 July :
[The Committee report] : — Whereas your Majesty hath New
lately Ordered in Council!, that Signification should be made ^
to your Colony of the Massachusets in New England, that
they forbear to exercise any Jurisdiction over the Townes
of Portsmouth, Hampton, Dover, Exeter, or any other of
the Townes or Lands in the Province of New Hampshire
lying and extending from Three Miles northward of Merrimack
River or any part thereof unto the Province of Main, But that
your Majesty would take the same into your owne Care,
inasmuch as the Government thereof remained stiU in the
Crowne, and was not so much as pretended unto by any and
because it wilbe very much for your Majestys Service to erect
a Government in that Tract or Territory which may have
a more imediate Dependance on your RoyaU Authority, Wee
do humbly propose to this end the Method and Regulation
following : —
1. That your Majesty do by your Great Seale con-
stitute a President and Councill to take care of the said
Tract of Land and the Inhabitants thereof.
2. That be President for the first year,
and so long after as tiU your Majesty shaU nominate
another. That there be six more named vizt.
to be of the Councill and Power left to them to swear in
Three others out of the severaU parts of the Country
being such as are most fitly quaUfyed, That those here
named or any Three administer to the President the
Oaths of AUegiance and Supremacy ; and then He the
same to aU the rest ; and that He out of the said Number
may name one for his Deputy to preside in his absence,
And the President or the said Deputy and any ffive to
make the Quorum.
3 That they meet to open their Commission at Ports-
mouth and there choose Officers, appointing time and
place of future Meetings as the Majority shall agree, and
to use such Seale for their Orders as shalbe sent unto them.
852 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
4. That all Justice CiviU and Criminall be for the
present administred by the said Councill, But in such
waies and methods as are sutable to the Laws of England,
so far forth as the circumstances of the Place will admit,
And that every Person that thinks himself agreived by
Sentence given about Title of Land may appeal to his
Majesty in Councill, and the hke in any personall Action
above the value of ffifty pounds, and not under. But in
either Case the Appellant is first to enter Security to
pay Costs in case he be found in the wrong, And in
Criminall Punishments to be inflicted, if the same rise
to Life or Limb, that either the Party be sent home with
the State of the Conviction, or Execution respited, till
the Case be represented, and Orders sent therein (unlesse
in cases of Murther).
5. That for the Defence and Security of the People
Commissions be given by the said President and Councill
in your Majestys Name to those that are best qualifyed^
for Regulation of the Mihtia and Care taken that good
Discipline be observed, such as by the said Councill shalbe
prescribed, And that if any Invasions be made by
Indians or others, on your Majestys good Subjects, that
they repell fforce by fEorce.
6. That above all things Care be taken to discoun-
tenance Vice and encourage good Living that by such
Example the Infidels may desire to imitate and partake
of the Christian ReUgion ; And in matters of Rehgion
to appoint Liberty of Conscience to be allowed to all
Protestants, and that those of the Church of England
be particularly encouraged.
7. That the said Councill have also Power and
Authority to hear and determine in all Emergencys
relating to the Peace or good Government of your Majestys
Subjects there and to summon Partys and punish Con-
tempts, To cause the Oaths of Allegiance to be administred
to all that come to any Oflfioe or ffreedome or Preferment,
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 853
and to cause with what speed they can Proclamation to
issue in your Majestys Name to the Inhabitants of this
Territory, signifying, That your Majesty hath taken
them into your Government and gracious Protection,
That your Majesty hath writ to the Governor and Councill
of the Massachusets Bay, to recall all the Commissions
they have granted for exercising any Jurisdiction in the
parts aforesaid. And that your Majesty hath declared
the same to be void. And that the People do henceforth
repair for Justice and Redresse unto the said President
and Council whom your Majesty hath appointed to
take care that they be well governed. And therefore
Requiring that they give Obedience unto them. That there
with such other general Intimations be given the People,
as by the said President and Councill shalbe thought
necessary.
8. That for supporting the Charges of the Government,
the President and Councill do continue the Taxes which
are now laid, That they levy and distribute the same to
those ends in the best manner they can, untiU an
Assembly shalbe called, and other Methods agreed upon,
That in Three Moneths after the President and Councill
are estabMshed, they issue Writs for the calling of a
General! Assembly, using therein such Rules, as to the
Persons who are to choose their Deputys, and the Time
and Place of meeting as they shall judge most convenient,
That at their first meeting the President of the Councill
do mind them in the generall of what is to be intimated
in the Proclamation aforesaid. That he recommend unto
them the making of such Acts as may most tend to the
Estabhshing them in obedience to your Majestys
Authority, their oune Preservation in Peace and good
Government and Defence against their Enemys. That
they consider of the fittest waies for the raysing of Taxes,
and in such proportion as may be fit for the Support of
that Government. That what Acts they do make are to
854 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
be approved by the President and Councill, and therupone
to receive fforce, untill your Majestys Pleasure be knowne
upon the same Acts, as to their Change, Confirmation or
Disallowance, And therefore they are to send over such
Acts by the first Ships that depart for England after
their making. Also Intimation is to be given unto
them, that your Majesty is graciously pleased, that they
nominate you Three Persons, out of which your Majesty
will choose one to be the President of that Councill, And
that they also nominate Eighteen, out of which your
Majesty will choose Nine to be the Members of the said
Councill, and when any of them dye, the Eemainder of
the Councill are to elect a new Member for the time
and to send home his Name, and the Names of two more,
that your Majesty may appoint which of the Three you
most approve, who is to fill up that Vacancy, And so
also in case of the Death of the President, His Deputy
shall for the time succeed to the Place of President,
and choose his Deputy imtil your Majesty's Pleasure
be finally knowne therein, And Wee further propose. That
your Majesty do declare to your Councill that you incline
to observe this Method of Grace and flavour towards the
Assemblys, till by Inconveniencies arising thence you
shall see cause to alter the same.
9. And whereas the Inhabitants of the County have
many of them been long in possession and are said to
have made considerable Improvements on the Lands
they hold, but without other title then what hath been
derived from the Government of Boston in vertue of their
imaginary Line, which Title, as it hath, by the Opinion of
the Judges here, been altogether set aside, so the Agents
from Boston have consequently disowned any Right
either in the Soyle or Government from the Three Miles
Line aforesaid ; And it appearing that the Ancestors of
Mr. Mason obteyned Grants from the Great Council! of
Plymouth for this Tract, and were at very great Erpence
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 855
upon the same till molested and finally driven out,
which hath occasioned a Lasting Complaint for Justice
by the said Mr. Mason ever since your Majesty's Restaura-
tion, However, to prevent in this Case any unreasonable
Demands, which might be made by Mr. Mason for the
Right he alleageth to the Soyle, Wee have obUged Mr.
Mason under Hand and Seale to Declare that he will
demand nothing for the time past untill the 24th of
June last, nor molest any in their possessions for the
time to come, but make out Titles to them and their
Heires for ever. Provided they will pay unto him by
fan- Agreement in liew of all other Rents Sixpence in
the pound according to the just and true yearly value
of all Houses built by them, and of all Lands, whether
Gardens, Orchards, Arable or Pasture, which have been
improved by them, which he will agree shalbe bounded
out unto every of the Parties concerned ; and that the
Residue may remaine to himself to be disposed of for
his best Advantage, But if notwithstanding this Overture
from Mr. Mason which seems so fair unto Us, any of the
Inhabitants there shall refuse to .agree with his Agents
upon these Termes, That the President and Council! be
empowred to interpose and reconcile all Differences if
they can. But if not, That the Councill send home such
Cases fairly and impartially stated, together with their
Opinions, that your Majesty may at the Councill Boord,
with due regard to Mr. Masons ancient Right, and the
long Possession, Improvements or any other Title of
the Inhabitants determine therein according to Equity.
Lastly, That the President and Councill do prepare and
send home such Rules and Methods for their owne
Proceedings, as may best sute with the Constitution of that
Country, and the Establishment of your Majestys Authority,
that the same being examined and approved here may
be returned back unto them with all convenient speed.
Shaftesbury Pr., Anglesey C.P.S., Arlington, Russell,
J. Ernie, H. Powle. Tho. Dolman.
856 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
Which bemg read and duly considered at the Boord, His
Majesty was pleased to approve thereof, And did Order, That
Mr. ffinch his Majestys Sollicitor GeneraU do forthwith prepare
a Bill for his Majestys RoyaU Signature to passe the Great
Scale of England for the Erecting and sethng a Government
in the said Province of New Hampshire, according to the
Methods and Regulations in the said Report set forth, And
for constituting the severall Persons hereunder named (whom
the said Lords of the Committee have selected out of Three
Lysts as Persons fitly qualifyed to serve his Majesty in the
Gk)vemment of the said Province) vizt. Mr. John Cuts of
Portsmouth to be President, Mr. Richard Martin, Mr. WiUiam
Vaughan, and Captain Thomas Daniel of the same place,
Mr. John Gilman of Exeter, Captain Christopher Hussey of
Hampton, and Major Richard Waldeme of Dover to be of
the Councill within the said Province, with such Powers and
Authoritys as are conteyned in the said Report.
[pp. 169-171.]
[C.S.P. V. 1058.]
[1294.] Whitehall, 11 July :
Newfound- A Summons to severall Persons concerned in and acquainted
^^°*^ with the Newfoundland Trade to attend on Thursday next
the 17th instant at Hampton Court at Nine of the Clock in
the morning, when that Busines is appointed to be heard.
[p. 172. H 5.]
[On the 15th the Newfoundland business is appointed to
be heard on the 24th at Hampton Court.] [p. 177. If 1.]
[1295.] Whitehall, 16 July :
Bermudas. Upon reading this day at the Boord a Petition addressed to
[the Committee] in the Name of WiUiam Righton and others in
behalf of themselves and the ffreeholders and Inhabitants in
Bermuda Praying, That in order to their making out their
severall Greivances presented to his Majesty in May last, and
refer'd to the aforesaid Committee (which are most of them
Acts made by the Bermuda Company in London) That Mr.
1679. 1 ACTS OF THE PRIVY COUNCIL (COLONIAL). 857
Richard Banner Register of the said Company may attend
with the Bookes of aU the Proceedings of the said Company
in London since the year 1676, [the petition was granted
and Mr. Banner ordered to attend the Committee on the 23rd
instant] with aU the Bookes of Entrys of the Votes, Orders,
Warrants, Letters and other Proceedings since the year 1666,'
of the said Company in London to the Governor and Company
in Bermuda. . . And it was further ordered. That the
severaU Persons hereunder named and every of them do give
their attendance on the said Committee at the time and
place aforesaid. Robert Harrison, John Leat, Samuel Smith,
Josias Pitts, Severne Vickers, Wm. Minors, Samuel Dike,
Nath. Smith, George Day, Robert Steevens. [p. 178. ^ 3.]
[1296.1 Whitehall. 16 July :
[The Committee having presented a book containing the Barbados,
laws of Barbados from 1660 to 1672, it is ordered] That Mr.
Serjeant Baldwin one of his Majestys Councill Learned in the
Law do peruse the said Laws and examine whether the same
be agreeable to his Majestys Authority in that Island, and
Good of his Subjects inhabiting there, And that he made
Report thereof unto [the Committee] with aU convenient
speed. [p. 187. ^I 1.]
[CS.P. V. 1075.]
[1297.] Ibid.
Memorandum. There was this day presented to the Boord Barbados,
a Report from [the Committee] together with the Draft of
a Letter concerning the Lawes and other parts of the
Government there, which were approved by his Majesty and
are entred in the Booke relating to the Affaires of Barbados,
remayning in that part of the Councill Office that relates to
Plantations. [p- 187. H 2.]
[1298.] Hampton Court, 24 July :
[The Council approve the following report of the Committee, Barbados.
and order a letter to be prepared as proposed] : — Wee have
858 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
in obedience to your Majestys Order in CounciU of the 18th
of June last examined the Petition of Colonel John Strode and
Partners ffarmers of your Majestys Revenue of ffour and
an half per Cent, in Barbados, Setting forth, That a Law
was passed there on the 23th of January last, whereby it
is provided That where any Person since the 25th of
November 1675 hath lost any sugar or other Goods of the
Growth of that Island by being cast away or taken at Sea for
which the 4 and ^ per Cent, has been paid, that the said Duty
shalbfc restored by the present ffarmers of that Revenue, or
in case of Refusal!, that they or their Agents shalbe sued
for the same by that Law, And the Party suing shall have
double the Duty he sues for, and treble Costs allowed him.
That the Petitioners having by the Lease of their said Revenue
covenanted for Defalcations from your Majesty in all matters
of this kind, they humbly conceive the prejudice arising
hereby wilbe to your Majestys Service only, and therefore
beseech your Majesty to grant your Letters to your
Governor of Barbados for abolishing the said Law, The peti-
tioners have Ukewise produced unto Us an authentic Copy
of this Act As also of another Act dated the 25th of
November 1675 to the like effect, And upon consideration
of the whole matter. Wee humbly report, That whereas it is
alleaged in the said Acts that the same is done according to
the Act of Tonnage and Poundage made in the 12th year
of your Majestys Reigne which provides an Allowance here
in England in case of Losse at Sea of so much other Mer-
chandize as the same Goods and Merchandize lost shall
amount unto in custome. Wee cannot but take notice that this
Allowance of 2d. ffree Entry unto your Subjects was an expresse
Condition and Limitation accepted by your Majesty with
the free Guift and Grant made by your Parliament in England
of the Subsidy of Tonnage and Poundage, whereby your
Subjects have a Right to demand such a Second Entry in lieu
of the Customes paid by them, whereas no such pretension
can be reasonably made in Barbados in relation to the
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 859
Revenue of 4 and | per Cent, which by the Act appears to
have been granted unto your Majesty in lieu of other Dutys
and Quit Rents more burthensome to the People, and for the
full and free Discharge of all other Services whatsoever, without
any condition or allowance mentioned in the said Act, so that
the same being a Matter of free Grace and Bounty in your
Majesty it is much to be wondred, that the Assembly should
propose or the Governor presume to passe an Act so prejudicial!
to your Revenue without first acquainting your Majesty and
obteyning your Royall Leave for the same, especially since it
could not be unknowne unto them, that an expresse Provision
had been made by your Majesty in the late ffarme of the 4
and I per Cent, as well as in the former one, That if your
Majesty should at any time during the said ffarme grant or
passe any Act of State by reason whereof the said Duty or any
Arrears should be pardoned suspended or lessened, or the
said ffarmers hindred or obstructed from receiving or collecting
any part thereof in as full and ample manner as the same
was due vmto your Majesty at the Demise of the said Farme,
that then they should have such proportionable Defalcations
and Abatements out of the yearly Rent, as upon considera-
tion and due proofs made by them should be thought reasonable.
And Wee hkewise find that the Petitioners have the more
Reason to complain of the great Injustice of this last Act,
inasmuch as it dos not only revive the former Acts, but farther
provides, that the present ffarmers who have been only possest
of this duty from the 25th of December 1677, shall repay the
Customes of all the Goods lost at Sea since the 25th of
November 1675, for part of which the said Farmers Agents there
are now sued and in danger of condemnation notwithstanding
that your Majesty has not lodged any greater Power in the
Government there, then to make Laws for Two years and no
longer, unlesse the same be approved by your Majesty, Whereas
this last Act by an undue Retrospection of almost Three years
exceeds that Restraint and Limitation of Power which is
provided by your Majestys Commission, and renders it self
binding against your Majesty and your Subjects for a much
860 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
longer terme than it can lawfully extend to. Of all which
having informed the Merchants of Barbados and others con-
cerned in behalf of that Island, Wee have received from them
good Assurance that upon intimation of your Majestys Pleasure,
these Irregularitys wilbe forthwith redressed, and yoar Majestys
Rights entirely preserved, according to the true purport of the
Act whereby the Duty of 4| per Cent, was first setled, So
that Our humble Advice to your Majesty is. That whereas
Sir Jonathan Atteyns has not complyed with his Duty in
passing the said Acts which are of great Detriment to your
Majestys Revenue in that Island, nor made use of that Power
your Majesty has in such cases granted unto him of enjoying
a Negative voyce in the making of Lawes, to the end nothing
may be passed to your Majestys prejudice, Your Majesty
do therefore signify by your Royall Letters your Disappro-
bation and Disallowance of his Proceedings herein, Requiring
him not only to take care. That aU Actions and Suits at Law
by colour of the said Act. . . And all other Acts for
Allowance of a Second free Entry in relation to the 4| per
Cent, do imediately cease ; but that the same be forth-
with repealed and declared void, as being prejudicial! to
your Majesty and contrary to the Powers residing in that
Government. [p. 185. U 1.]
Newfound-
land.
Virginia.
[1299.] Hampton Court, 24 July :
[The Muscovy Company are permitted to import seal oil
at 6s. per ton custom, the same duty as by the Book of Rates
is imposed on train oil from Newfoundland.]
[p. 186. TI 1.]
[1300.] Whitehall, 25 July :
[It is ordered that Lemuel Kingdon Esqr. do give an account
to the Committee of the arrears due to his Majesty's forces
in Virginia. Major Mutlow, whose company is particularly
mentioned in the representations from Virginia, is to attend
the Committee at the same time.] [p. 188. ^ 1.]
[CS.P. V. 1077.]
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 861
[1301.] WhitehaU, 6 August :
It was this day Ordered in CounciU that An Act lately made Virginia.
in Virginia at a Grand Assembly begun at James Citty on the
25th of ApriU, 1679. Entituled an Act to enable Major
Lawrence Smith and Captain WiUiam Bird to seate certain
Lands at the head of Rappahannacke River and James River,
be forthwith suspended : so that no proceedings may be had
thereupon untill his Majesty shall signifye his further pleasure
therein, And it is hkewise ordered. That no Assembly be
called, or held in Virginia before the first of January next
ensueing. Of all which [Mr. Secretary Coventry] is desired to
give Intimation unto Sir Henry Chicheley . . As also
to signifye imto him, that his Majesty having received the
Address lately made by the Governour and Assembly con-
cerning the pay of the soldiers there and the Arreares of quitt
Rents, such Order will be taken therein upon the arrivall of
the Lord Culpepper, as shall be for the good of his Majestyes
subjects there. [p. 193. ^ 2.]
[C.S.P. V. 1085.]
[1302.] Hampton Court, 7 August :
[On a memorial from the Dutch Ambassador, the owners West Indie?.
of the Joseph of Bristol are offered an opportunity of putting
their appeal within six months into a condition of being deter-
mined : and if they do not avail themselves of this, his
Majesty wiU not insist on further time for doing the business,
but leave them to acquiesce in the sentence of confiscation.]
ip. 197. If 2.]
[1303.] Whitehall, 5 September:
[On the desire of Mr. Randolph, Sir Thomas Dolman is ordered New
-n 1 J England.
to write to the master of a ship bound for New England to
give him accomodation therein.] [p. 205. ^ 2.]
[1304.J Whitehall, 19 September :
[Whereas a Government has now been established in the New
Province of New Hampshire], It is this day Ordered in Council! ^™^^ "^^"
That the Seale herewith sent, an impression wherof is in the
862 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1B79.
margin affixed, be taken and acknowledged in the said Province
of New Hampshire, as the Scale appointed by his Majesty,
And that the same be affixed mito aU pubUque Acts, Orders
and Proceedings within the said Government, And that it be
to all intents and purposes of the same force and Validity
within the said Province, as any other his Majestys pubhque
Scale in Barbados, Virginia, or any other his majestys plan-
tations in America. And his majestys said President and
Councill of New Hampshire is hereby authorized and directed
to keepe and apply the same to the said uses. And wheras
his majesty is graciously pleased to send his RoyaU por-
traiture together with his Imperiall Armes unto the said Presi-
dent and Counsell of New Hampshire, as a mark of his Royall
favor and Protection to the Inhabitants therof. It is hereby
Ordered that the same be kept, and exposed to pubhque view,
within such place as shalbe appointed for the meeting of his
Majestys said Councill. [p. 208. ^ 3.]
[C.S.P. V. 1124.]
[1305.] Whitehall, 24 September :
Virginia. [A clause presented by Mr. Secretary Coventry as fit to be
added to Lord Culpeper's commission is ordered to be so
added, if the Committee on consideration shall judge it
necessary for his Majesty's service] : —
And it is neverthelesse Our further will and pleasure
that in the above-said Cases of the Death, or absence of
Our Governor, Lieutenant Governor, or Comander in
cheif for the time being. Our Secretary of Our said Colony
for the time being, and in Case of his Death, or absence
from that Our Colony, Our Major Generall there, shalbe
present in all matters to be treated on in Our said
Councill concerning the Government of that Our Colony,
and that nothing be determined therin, without their
respective Consent. [p. 213. ^1.]
[C.S.P. V. 1127.]
[On 1 Oct. this instruction is agreed on.] [p. 219. ^ 4.]
1679.] ACTS or THE PRIVY COUNCIL (COLONIAL). 863
[1306.] Whitehall, 3 October :
Upon reading this day at the Board the humble Petition " Spiriting "
of Jane Beaumont setting forth that WiUiam Beaumont Plantations.
Plaisterer the Petitioners husband hath been absent about two
moneths leaveing the Petitioner five small Children to main-
teyne and that the Petitioner never heard any tydeings from
him untiU within this three dayes, when the Petitioner received
a letter from him, dated on Board the Charles (Walter Dunsh
alias Bunch Master) now rideing in the Downes, bound for
Maryland, In which Letter the Petitioners husband acquaints
her that he was Trapan'd on Board the said Ship, by a Car-
penter, and sold to the Boateswaine of the same for a slave,
Praying that her said husband might be discharged from
the said Ship ; [It was ordered that the Admiralty instruct
the officer commanding in the Downs to secure the surrender
of Beaumont and put him on shore at some convenient place,
stopping the Charles until Beaumont had been dehvered.
In case the Commissioners do not meet this day, their
Secretary, Thomas Hayter, Esqr., is to take care that by this
night's post directions be sent to the Commander in Chief
in the Downs conformable hereunto.] [p. 220. ^ 1.]
[On the 10th Sir Henry CapeU informs the Board that
Beaumont has been set on shore.] [p. 226. ^ 3.]
[1307.] Whitehall, 8 October :
Whereas . . Lord Culpepper did this day acquaint Virginia,
the Board that he is certainly informed that the Oxford
ffrigatt is Ordered to returne from Virginia immediately after
his landing there having taken in Provisions proportionably
only to that time, and did therefore desire on the behalfe
of his Majestic the Country, the Merchants and Owners of
Ships, That in pursuance of his Majestys Letter to the country
hereunto annexed containing a Promise to the contrary of
a Convoy to attend the Lord Culpepper, which cannot be
made sufficiently usefull unto them, unlesse the said ffrigatt,
may be Ordered to Convoy Back the Virginia Fleet according
864 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
to such directions as shall bee given there see as the same
may sett saile in the monthe of Aprill next at the furthest,
by which time the Shipps may bee ready to Load and sett
saile, [The proposal is recommended to the Admiralty to
consider it and give order that the Oxford be provisioned for
two months more than was intended, so that she may convoy
the merchant fleet on the homeward voyage].
ip. 223. H 1.]
[C.S.P. V. 1138.]
[1308.] Whitehall, 10 October :
Jamaica. Upon reading this day at the Board the Petition of Francis
Mingham in the behalfe of himseKe and others the owners of
the ship the Pink Francis Complaining that one Thomas
Martin out of Mahce only to the Petitioner with the assistance
of Sir Henry Morgan Knight sole Judge of the Court of
Admiralty (in his Majestys Island of Jamaica) caused the
Petitioners said Ship and goods on Board her then rideing at
Port Royall to bee arrested and Condemned the 22th of
January last and praying that he might be reheard before
his Majestie in CounciU concerning the said Shipp. [A copy
of the petition was ordered to be sent to Sir H. Morgan and
T. Martin, who are to return their answer with copies of the
proceedings of the Court of Admiralty in the case to be con-
sidered at the Board on the 1st of May next.]
[p. 225. 11 1.]
[1309.] WhitehaU, 15 October :
Virginia. Upon the humble Petition of Robert Ayleway this day
read at the Board Complaining that the Lord Culpepper . .
doth refuse to admit the Petitioner into the Office of Auditor
Generall of [Virginia] which his Majestie hath been pleased
to grant unto him for his Life by Letters Patents under the
Great Seale of England bearing date the 16th day of
January in the 29th year of his Majestys Reigne : [It was
ordered that Lord Culpeper appear at the Board to answer
the petition on Friday next, the 17th instant, at three in
the afternoon]. [p. 230. T| 2.]
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 865
[1310.] Whitehall, 17 October :
[A memorial of the Dutch Ambassador, Herr van Leyden St. Eustatius
de Leuwen, for the restitution of the Islands of St. Eustatius ''"'^^^^*-
and Saba, detained contrary to the 6th Article of the treaty
of 10th February 1674, is referred to the Committee.]
[p. 238. 1[ 1.]
[CS.P. V. 1147.]
[1311.] Ibid.
[The Council refer to the Treasury for examination andBarbadoes.
report the petition] of Richard Kent and Charles Buncombe
setting forth that . . the Earle of Ranelagh and Lord
Brereton having Tallys struck upon his Majestys Revenue
of the Barbados for the summ of 5638L lis. 2d. in part of a
Privy Scale of 8400Z. assigned the said Tallyes severall yeares
since to the Petitioners for full and valuable Considerations.
But that one Francis Tirwhit by his Petition to his Majestie
had obteyned an Order to stop all Payments and proceedings
upon the said Privy Scale . . And praying that his
Majestie would be pleased to grant them an Order to the
ffarmers of the four and half per Cent, to pay the Petitioners
said Tallyes. [p. 238. If 2.]
[1312.] Whitehall, 24 October :
[The petition of Bartholomew Price, administrator of Colonel Virginia.
Herbert Jefferys, for payment of 1200?. arrears of pay due
to Jefferys, as Lieutenant Governor of Virginia and Com-
mander in Chief of his Majesty's forces there, is referred to
the Committee.] [P- 248. ^ 1.]
[CS.P. V. 1161.]
[1313.] Ibid.
[Rene Petit, his Majesty's agent at Rouen, and Jacob Guerard CaroUna
petition the Board, setting forth that in pursuance of the
Order of 28th May, many of the foreign protestant families
seeking to settle in Carolina are now arrived in London,]
and humbly conceiving that they may without any great charge
to his Majestie be transported to CaroUna in the Richmond
65
866 ACTS OF THE PRIVY COUNCIL (COLONIAIi). [1679.
or other ffrigatt, which is said to be in few weekes ready to
depart for the Barbados, And when the remaining families
arrive, which they hope will be in December next, they will
then offer a list of their names and give sufficient assurance,
that they shall likewise ship themselves away upon the same
voyage, before his Majestic be at the charge of preparing another
ship, And therefore praying his Majestys Orders to the Com-
mander of the said Frigatt to receive on Board the said
familyes now in readines and to carry them to Carolina, And
also to order the Passing of a Grant to the Petitioners and
their Assignes the summ of Two thousand Pounds aforesaid.
His Majestic in consideration of the Petitioners request and
his gratious promise made unto them is hereby pleased to
Signifye his Royall Pleasure unto the . . Commissioners
of the Treasury, That a Warrant bee prepared for his Royall
Signature, whereby the Petitioners may remain fully assured
of, that the said Summ of 2000?. or part thereof advanced
by the Adventurers towards the transporting the said fourscore
familyes shalbe duly reimbursed unto them according to the
number and proportion of Familyes which shalbe actually trans-
ported to Carolina out of the Customes arising here from the
Comodities to be brought out of that part of the said Planta-
tion where the said families shall settle to commence from
the time of their arrivaU which shalbe Certifyed by the Collector
and Surveyor of the Customes, or in his absence by the
Governor and Councill there Provided that the Undertakers
do give in a list of their Names with sufficient assurance that
they will come and embarque themselves for this Voyage,
[and observe the other conditions of the Order of 28 May.
As soon as the conditions are performed or security given for
their performance, the Admiralty are to allow such of the
famiHes as shall be ready to depart to be transported to
CaroHna on the Richmond frigate]. [p. 251. ^ 2.]
[1314.] WhitehaU, 24 October :
Virginia. [Thomas Sands having represented that on his presenting
the Order of 24 May 1678 (1179) in his favour] at a GeneralJ
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 867
Court held at James Citty to the end the same may be
allowed, the Petitioner finds the benefit thereof denyed him
by two Contradictory Letters from the Lord Culpepper
And therefore Prayed the benefit of the said Order, notwith-
standing any writt or to be written by the Lord Culpeper
to the Contrary. It was Ordered [that Lord Culpeper receive
a copy of the petition and return his answer to the Board
on Friday next the 31st instant]. [p. 253. ]f 2.]
[On 14 Nov. Sands' petition that the Order in his favour
be reinforced, is referred to the Treasury.] [p. 280. ^ 2.]
[1315.] Whitehall, 24 October :
Memorandum that there was this day presented to the Leeward
Board a Report from . . the Committee . . about *" '
the Leeward Islands, and the 4 and J per Cent, which was
Referr'd to the . . Treasury and is Entered in the Booke
relating to the affaires of the said Islands remaining in that
part of the Councill Office that relates to Plantations.*
[p. 255. If 1.]
[1316.] Whitehall, 7 November :
[On consideration of the Dutch memorial about the ^t- Eustatius
. -1 ^ , ^^^ Saba.
restitution of St. Eustatius and Saba to the] former Pro-
prietors or such unto whom they have lawfully made over
their Right, in the same condition they were in at the time
of the PubUcation of the said Treaty [the Earl of Sunderland
is directed to acquaint the Ambassador] That -his Majesty
having not before this time received any Intimation from his
Masters of their Desires to be repossest of those Islands, has
now directed his Governor in whose hands they are to certify
unto him with all speed, the present Condition they are in,
And that his Majesty upon receiving his Answer, and the better
enabling himself thereby to dispose of his Subjects in some
other fit place, will then give such Order for the Restitution
of those Islands, as the late Treaty with the States Generall
and the particular Justice of this Case shall require.
* No mention of this occurs in the Plantation Register.
868 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
Md. That the Report of the Committee of Trade and
Plantations concerning the Islands of St. Eustace and Saba
and the Order directing the writing of a Letter to Colonel Staple-
ton are remayning in the Plantation Office. [p. 272. ^ 4.]
[C.S.P. V. 1177.]
[1317.] Whitehall, 10 November :
Bermudas. [The Council approve, and give orders in accordance with,
the following report of the Committee] : — In obedience to
your Majestys Reference of the 16th of May last. Wee have
heard the Complaint of divers ffreeholders. Merchants, and
Inhabitants of the Bermudas against that Company, And being
at severall times attended by both Partys with their Learned
Councill, The Articles of Greivances presented by the Planters
(many of them appearing of little weight, and others being
waved and passed over by the Complainants) were at length
reduced into the Particulars following. First the Inhabitants
complaine, that they are forbidden to send any Petitions
or present their Appeals unto your Majesty for Releif, without
the Approbation of the Governor and CounciU of those
Islands, ffor remedy whereof Wee humbly offer Our opinions,
that your Majestys Subjects inhabiting those Islands ought
to enjoy the Common Influence of your Royall Protection
and to have an absolute Liberty of presenting their Petitions
and Appeals unto your Majesty without the participation or
interposition of any Person whatsoever.
And whereas the Inhabitants do Ukewise complain. That
the Owners of Lands in the Bermudas have by Orders from
the Company disseized and outed the Planters without any
TryaU at Law, Wee have heard what could be said in this
case by either Party, And the Company did alleage unto
Us, that there is a Power granted unto them by Charter to
hear and decide all Differences, and that no Title was ever
tryed in those Islands untill the year 1654, at which time
they had thought fit by their Order to'constitute a Court of
Justice upon the Place, and that they have not only reserved
* Jfot iji Plantation Begister,
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 869
unto themselves the Right of Appeales, but of hearing divers
cases at the first instance. The Plaintifs on the other side
did argue that the obhgations of attending the Company here
for the Decision of Differences dos oftentimes turne to their
ruine, by reason of the great Expence they are forced to be at
in coming so far and the neglect of their Plantations at home.
That if after a Tryall at Law in the Island by a Jury (as
happens in divers cases) the Company shall continue to take
upon them to reverse the Judgment, and to make a different
determination here by their owne orders, It will be alwaiea
in their power to favor one another, and even to reassume the
Lands which they shall have demised to the Inhabitants.
Besides, that whereas formerly the whole Company was
residing here in England, and that at present Three parts of
ffour of them being Inhabitants upon the Place, it is now
just and reasonable, that the Judicature should attend the
major part of the Company there.
In consideration whereof, and upon a full debate of the
Matter of this Article, Wee are humbly of Opinion, that it
dos not appear that the Company have any Power by their
Charter to determine matters of Right as a Court of Judicature
at the first instance, and that the TryaU of Causes originally
by the Company here is illegall and ought not to be continued,
and that in case the Parties will not consent to referr the matter
of the whole Complaint to the Decision of your Majestys
Committee of Plantations, if your Majesty shaU so thinke
fit, Wee cannot then but advise your Majesty that the Powers
of this Charter be left to a TryaU at Law by a Scire facias or
Quo Warranto.
29" Oct. 79. Radnor, Lauderdale, Bridgwater, Bathe,
ffauconberg, Hen. Coventry, J. Ernie, H. Powle.
^ [p. 279. H L]
[CS.P. V. 1184.]
[1318.] Whitehall, 28 November :
[On Lord Culpeper's petition] That he might have the Virginia,
same Honour and Priviledge that aU his Majestys Lieutenants.
870 ACTS OF THE PRIVY COUNCIL (COLONIAL). il67&.
Governors Generall and Comanders in Cheif of the Plantations
in America, have in respect to his Majestys Commission
alwaies enjoyed, of wearing a fHag in the main Top, as soon
as he is sayled out of the Limits of the Narrow Seas, It was
Ordered . . . That the Commissioners for executing
the office of Lord High Admirall of England do forthwith
informe themselves, whether any of his Majesties Governors
under the same character with his Lordship have actually
enjoyed the Priviledge desired by him ; if so, that they give
Order for allowing the same to his Lordship.
[p. 295. H 1.]
[CS.P. V. 1195.]
[1319.] Whitehall, 28 November :
Leeward AVhereas there was presented to his Majesty in Councill
Islands. ii/./->ii t-.
on the 24th of October last a Report from . . . the
Committee . . setting forth among other things. That
by reason of the great Provisions of the ffrench in the West
Indies, and their biiilding of fforts in their Caribbee Islands,
the Terror whereof had very much harassed his Majestys
Subjects in the Leeward Islands by their continued Guards
and appearing in Armes, which could not be removed, but by
building of one good fEort in each of the said Islands, which
their Lordships did advise his Majesty for the Safety of those
Islands untill further Supplys could be sent thither to enable
his Subjects there to build and finish by the appUcation of
the Duty of 4 and | per Cent, payable by them for the space of
one year, and such longer terme as his Majestys Subjects
should need and deserve his Royall Favour and Boimty in
that behalf, wherein their Lordships found the more Reason
to presse his Majesty inasmuch as by the ungrounded Scruples
and Difficultys lately raysed by the ffrench the Negotiation
of a Treaty of NeutraUty in those parts first proposed by
them between both Crownes had been in a manner frustrated
and laid aside, which could not but create just Apprehensions of
ffear to the Inhabitants of those Islands, And . . the Treasury
having upon his Majestys gracious Reference to them of the
1679.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 871
said Report, returned their Answer, dated the 10th of
November last. That they find the ifarmers of the said Duty
wiUing to cause payment to be made within the said Islands
of such Summes of Money upon account of the Rent payable
by them to his Majesty as his Majesty should thinke fit to
be employed for defence of those Places, His Majesty therefore
taking into his Royall Consideration the Condition of the said
Islands and Safety of his Subjects there inhabiting Is graciously
pleased to Order [that the Treasury] take care. That the
ffarmers of his Majestys said Duty of 4 and ^ per Cent, do pay
or cause to be paid unto Colonel Stapleton ... or his
Order the summe or full value of 1500?. sterling out of the
said Duty accrewing there, which the said Governor is to
employ as he shall find requisite towards the erecting and
finishing one good fEort in each of the Islands under his
Government. [p. 296. ^ 3.]
[C.S.P. V. 1194.]
[1320.] WhitehaU, 3 December :
[On Lord Culpeper's petition for permission to stay in town I'ord-
some few days before his departure to Virginia for the despatch
of his private affairs, it was ordered] That his Lordship have
hberty to stay in Towne about his Affaires untill Monday
next, and noe longer. And then to proceed forthwith on his
voyage to that Government, and of this . . the Com-
missioners of the Admiralty are to take notice.
[p. 302. H 2.]
[C.S.P. V. 1201.]
[On the 10th, it is ordered] that in case the Lord Culpeper
doe not goe on board the Oxford frigat now lying in the
Downes on fryday Evening next, or before that time. The sayd
frigat be then directed by the Commissioners of the Admiralty
to come into the River of Thames on Satturday Morning
next, without faile or further delay, [p. 310. ][ 2.]
[C.S.P. V. 1217.]
[On the 17th], His Majesty in CounciU being informed that
the Lord Culpeper has fayled to goe on Board the Oxford
872 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1679.
frigat at the time appointed . . is pleased to direct one
of his Majestyes Principall Secretaryes of State, to signifye
by Letter unto the Lord Culpeper the High displeasure his
Majesty has conceived at this delay and neglect of his Duty,
And that his RoyaU Intentions are to appoint another Gover-
nour for Virginia unless he doe repaire without further delay,
or disappointments on Board the Oxford frigat, as soon as
the same shall returne into the Downes according to the
Order this day given. His Majesty having likewise thought
fitt that the charge of Pilotage accruing to the sayd ship by
this disappointment, which his Lordship has occasioned
be deducted out of the saUery which shall be payable in the
Exchequer for his Government.
[The order for the Oxford to return to the Downs follows.] .
[p. 324. r^ 1, 2.]
[C.S.P. V. 1231-2.]
[1321.] Whitehall, 3 December :
West Indies Upon reading this day at the Board the Petition of John
Braithwayte WiUiam Nightingall, Lewis Rogers, and others
Mariners, on behalfe of themselves, and 150 other Mariners,
belonging to the ship Thomas and francis whereof George
Gallop was Captain, praying that they may have the benefitt
of the securityes entred into by the sayd Captain, and John
Gallop of Northbowood in Dorsettshire Esqr. his Brother,
WiUiam Smith of the Parish of St. Gregoryes in London,
Woollen Draper, Charles Ebbington of Pater Noster Row
Mercer, and Richard Sandys of the same place Mercer for the
recovery of their proportionable shares of the 5000i. of Gold
Dust taken in the Susannah of Amsterdam in Holland in
her voyage from Guinny to Corrissa in America, by the said
Captain George Gallop, and by him carryed into Jamaica,
and there condemned as prize. And the sayd Gold since
adjudged by the Commissioners of Appeales to belong to the
Captors. [The case was ordered to be heard on Wednesday,
the 10th instant, at ten in the morning, when all concerned
are to give their attendance at the Board.] [p. 304. ^1.]
1679.] ACTS OF THE tKiVY COUNCIL (COLONIAL). 873
[1322.] Whitehall, 5 December :
[His Majesty, approving the orders of 14 March and Virginia.
16 April regarding stores for Virginia, is also] further pleased
to Order That the Commissioners of his Majestys Ordnance
do forthwith putt on board the Oxford frigatt the following
proportion of Armes and furniture, to be there dehvered
into . . Lord Culpeper, or whom he shall appoint to
receive the same for the use of [Virginia] for this present
Yeare, vizt.
Powder . . One hundred Barrells. Shoulder Belts . . One hundred.
Dragoon Musketts . . One hundred. Cartouch Boxes with Girdles
Byonetts with Belts One hundred. Two hundred.
Swords One hundred. French tents furnished . . fifteen.
[p. 308. K 2.]
[C.S.P. V. 1208.]
[1323.] Ibid.
It is this day Ordered in Councill, That the severaU Bundles Committee
of Papers concerning Trade and forreigne Plantations lying Plantations
in the Councill Office be Lodged in the Office of the Comittee
of the Councill for Trade and forreigne Plantations, And that
a List of them be left in the hands of the Gierke of the CounciU
in wayting. That they may be ready for the service of the
Councill and that Comittee upon all occasions.
[p. 311. H 2.]
[C.S.P. V. 1218.]
[1324.] Ibid.
[The complaint of the mariners of the TJwrms and Francis ^^ est indies
against Captain George GaUop and his sureties for non-
performance of a bond of 6,0001. entered into by them for
awarding to the ship's company their proportion of the prize
taken in the West Indies could not be heard this day as
appointed owing to the absence of the mariners counsel
Their petition for delay was granted on their paying to
Captain Gallop SI. for his charges in attending this day, and
the 17th instant was fixed for the hearing of the o-e al
parties to attend at ten in the morning.] [p. ^1^- 11 ^-i
874 Acts OF THE PRlVY COUNCIL (COLONIAL). [1679.
[1325.] Whitehall, 12 December :
Jamaica. [The Committee report] that they had been presented by
the Lord Privy Seale with a Bill, which was ready
to pass the Privy Seale for a Graunt to One John Bindloss
Gentleman of the office and place of Gierke of the Crowne and
of the Peace, And also of the Office of Clerke of the Marketts
and faires within the Island of Jamaica, to which they had
made the objections following : —
1. First, that there is a plurahty of offices of different
nature granted by it to one person.
2. Secondly, That the sayd Offices are granted to him
for Life.
3. Thirdly, That it is not convenient for his Majestyes
service that the sayd Offices be exercised by Deputyes,
while the Patentee shall be resideing in England, which
they found pursuant to the Earl of CarHsles Instructions,
That he should not suffer any person to execute more
offices than One by Deputy, And that their Lordships
were the more confirmed in their Opinion by the Account
they had received of what had been practized in this
behaKe within that Island, which is divided into severall
Districts in each of which there is a Custos Rotulorum,
and that each Custos usually makes the Clerke of the
Peace for his owne District, which appeared more usefull
for the good Goverment of that Colony, and for rendring
the Commander in chiefe, more capable of serveing his
Majesty then that the sayd Offices be granted to one
person, who carmot well execute so great a trust.
And their Lordships having thereupon offerred their advice
unto his Majesty that the sayd Grant may not take effect,
since it could not be, but very prejudiciall to his Royall Service
in that Island ; [the report was approved and the Lord Privy
Seal directed to take care that the biU do not pass the Privy
Seal]. [p. 314. ^j 3.]
[C.S.P. V. 1223.]
1679.] Acts of the privy council (colonial). 8?5
[1326.] Whitehall, 12 December :
[The Committee having reported their opinion on Bartholo- Virginia.
mew Price's petitions for 3001. being three months pay due
to Colonel Jefferys, late Lieutenant Governor of Virginia, it
is ordered] That Mr. Alderman Jefleryes, in whose hands
the sayd 3001. are sayd to remaine doe pay unto Bartholomew
Price Esqr. the sayd summe as due unto him in right of the
sayd Colonel Jefferyes. But whereas the Lady Berkeley who
likewise pretends a right thereunto, as Rehct and Adminis-
tratrix of Sir WiUiam Berkeley late Governour in cheife of
Virginia may upon her arrivall in England, or application
by her Agents here may have something further to offerr
in her owne behalf e, then as yet hath been made appeare
unto his Majesty, It is further ordered That the said Adminis-
trator, or Mrs. JefEryes Rehct to the sayd Colonel Jefiryes
shall upon receipt of the sayd 3001. give good and sufSficient
security unto the sayd Mr. Alderman Jeffryes to abide his
Majestyes finall determination of this matter, if the Lady
Berkeley shall thinke fit to prosecute the same.
[p. 318. U 2.]
[C.S.P. V. 1224.]
[1327.] Whitehall, 19 December :
Whereas it appeares by the Affidavit of Thomas Miller, CaroUna.
That the Petitioner being by comission from the Commis-
sioners of his Majestyes Customes appointed Collector of his
Majestyes Customes in Albemarle in Carohna, he had gotten
into his Custody sundry specialtyes, and other effects of
Tobacco received to the Quantity of 8, or 900 Hogsheads,
together with sending other European Goods, seized as iUegaUy
imported, to the value of 1200?. Sterhng, but that the premisses
were snatched out of the petitioners hands, in a BebeUion
contrived, carryed on, and headed by Richard forster, John
Culpeper, and severall others, and that the sayd John
Culpeper, assuming the Title of CoUector of his Majestyes
Customes, tooke the same into his Custody, and imbezzeUed
great part thereof, if not the whole, and sufierred Vessells
876 ACTS OF THE PRIVY COUNCIL (COLONIAL). [ 1679-80.
illegally to Trade, and that the sayd John Culpeper being
since come into England, is now upon his retxime backe
unto some of his Majestyes Plantations in America. [The
Admiralty are required forthwith to] give directions to the
Comander in Chief e of his Majestyes ships in the Downes,
forthwith to cause strict search to be made on board all ships,
aswell men of Warr as others, bound to Virginia, or else-
where, for the person of the sayd John Culpeper, and him to
seize, and send up in safe Custody hither to answer for the
above mentioned Crimes and offences. [The Customs are to
cause similar search to be made by their officers] in the
Westerne Ports, from whence any ships are bound to
Virginia, or other his Majestyes American Plantations.
[p. 330. •[ 3.
[C.S.P. V. 1236]
[1328.] Whitehall, 19 December :
West Indies [The case of the seamen of the Thomas and Francis is
referred to Sir LeoUne Jenkins ; and the recognizance entered
into by Captain Gallop and his svireties is to be carefully
preserved and remain in force for the benefit of the peti-
tioners until the case be finally determined.] [p. 333. ^ 2]
[1329.] Whitehall, 7 January :
Barbados. An Act for the better Enabhng the Executors of William
Plumley Deceased to Sell his Estate for the Payment of his
Debts, &c. [Plantation Register I. p. 57.]
[The title sufficiently explains the contents of the Act.
In the printed collections of the Laws of Barbados, the title
only is given with the Memorandum — " Obsolete."]
[1330.] Whitehall, 9 January :
St. [The Committee present the following letter from Sir
ns op er. ^^g^j^j Stapleton] : —
Nevis, the 6th of Oct., 1679.
My Lords,
Since my lines of the 15th July last nothing worth
your knowledge offered. But the Seizure and oondem-
1680.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 877
nation of an English shipp the Edward and William of
London, which in no manner transgresse any knowne
law Shee Road at the great Salt Ponds upon St.
Christophers which Place is as much his Majestys pro-
priety as any part of that Island though yet unrestored
notwithstanding I often demanded possession of it, the
Seizure was made at Sea after shee weighed Anchor, her
confiscation is contrary to the Law of Nations, to all
Articles of Peace, to the antient and present agreements
betwixt the two Nations in those parts. The judgement
is grounded only upon an Order or Edict of their King
prohibiting all Strangers, shipps to approach his Roades,
a Copy of that Order I have sent to your Lordships in
my answer to the Inquiries. I have sent an expresse
to the fErench Generall to demand the Vessell and goods
and to desire a meeting with him amiably to repaire that
and severall other greevances. Now my humble request
to your honours is for your advice in case of denyall
whether I may bee safe in granting the owners Letters
of Reprizall for which I am soUicited, I have nothing
else to represent to your Lordships soe I presume to
conclude.
Your Lordships
most obedient and most humble servant
William Stapleton.
[On reading the letter, orders were given that Mr. Secretary
Coventry represent the facts to the French Ambassador,
and direct his Majesty's Envoy at the Court of France to
demand speedy reparation in accordance with the treaties,
while Sir WiUiam Stapleton is to be informed of these measures
and directed to abstain from using forcible means for recovery
of the ship until further order.] ^^[P^ 349. t^L]
[1331.J Whitehall, 14 January :
[On a representation by the Bishop of London concernmg a.^^eh
th^ state of the Church in the Plantations, the Committee n^ntatjo,^,
878 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1680.
are directed to] signifye his Majestys pleasure unto his respective
Governors in America that every Minister within their
Government be one of the Vestry in his respective Parish, and
that no vestry be held without him except in case of
Sicknesse, or that after notice of a Vestry Summoned he
absent himselfe. [p. 352. ^1.]
[C.S.P. V. 1264.]
[1332.] Whitehall, 16 January :
Virginia. Upon the Petition of Bartholomew Price [concerning the
arrears due to the late Colonel Jefferys in Virginia [c/. 1324.]
it is ordered] that the Gierke of the Council! in Wayting doe
forthwith take good and sufficient Security from the said
Bartholomew Price for repayment of the said sum m or any part
thereof according to his Majestys Directions upon any Deter-
mination . . and that thereupon . . . Alderman
John JefEereys doe make payment of the said summ of
300L to the said Bartholomew Price or his assignes. [The
security having been given, order to Alderman Jefferys follows
accordingly.] [p- 357. T| 3.]
[C.S.P. V. 1268.]
[1333.] Whitehall, 21 January :
Bermudas. [The Council approve, and give orders in accordance with,
the following report of the Committee] : — Wee have upon
a Petition presented in behalfe of the Inhabitants of the
Summer Islands called before us that Company, and being
attended by Sir Gilbert Gerrard Deputy Governor, Mr. Alder-
man Chalenor and divers other members thereof, they have
declared unto us that they will wholly rely on his Majestys
favor granted to them in their Charter, and submit it to the
determination of the law in all differences concerning the
said Company ; soe that we are thereupon humbly of opinion
that the Order of Councill dated the 12th of November last
past be pursued, and that your Majesties Attorney Gtenerall
be directed, for the prevention of further differences and
Complaints, to bring a Quo Warranto or Scire facias against
that Charter bearing date the 29th of June in the 13th year
1680.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 879
of the Reigne of your Majestys Royall Grandfather, and
all other Powers pretended by that Company.
[Signed by Anglesey C.P.S., Worcester, Bridgewater, H.
"^owle.] fp_ 358. ^ 1 ]
[C.S.P. V. 1277.]
[1334.] WhitehaU, 28 January :
[The Council refer to the Committee for examination and New York,
report the] Petition of John Ward setting forth That John
Winder late of the Citty of New Yorke in America deceased
being by obUgation dated 17th July 1674, indebted to the
Petitioner the summe of 1601. for payment of 80/. which not
being payd in his hfe time, the Petitioner was forced to sue
his wife being Administratrix and Marryed to one John Palmer,
against whome hee obteyned Judgement in the Mayors Court
of the said Citty upon a full Tryall and hearing all the Proofs
and allegations could then be produced by the Defendants
notwithstanding all which they appeal'd from the said Sen-
tence to the Generall Court of Assizes where without giving
a Security pursuant to His Royall Highnesse's Laws, and upon
a bare circumstanciall allegation of the Defendants the said
Judgement was Revers'd, the Principall with interest being
allowed, Deducting the summe of 62/. 2s. lOd. aUeadged
to be payd in part of the said Bond, with an allowance to
the Petitioner to appeale to his Majestic in CounciU, for
doing which hee hath given Security according to the direc-
tion of his Royall Highnesse's Laws And that the Petitioner
having positive proof to make it appear the said 62/. 2s. lOd.
was not payd in part of the said Bond, But upon account of
an other Debt not relating to it, And praying that his Majestie
would be pleased to hear the truth of the said matter, and
if it appear that the Petitioner is unjustly molested that he
may have his judgement and such sufficient Damages in Ueu
of his charge and trouble as his Majestie shall judge fit.
[p. 371. H 1.]
[C.S.P. V. 1283.]
880 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1680.
[1.335.] Whitehall, 28 January :
Virginia. Upon reading this day at the Board the humble Petition
of John Thornbush and John Kent in behalf of themselves
and the rest of the owners of the severall ships Employed
for the transporting of soldiers from Virginia, setting forth
that the Petitioners ships were Imployed by Collonel Jeffreys
to bring from Virginia to England severall Soldiers and agreed
with the said Collonel (according to his Certificate Directed
to the Principall Officers and Commissioners of his Majestys
Navy) to be payd at the Navy board from whence the
Petitioners were directed to apply themselves to the Com-
missioners of the Admiralty who tells them they cannot Order
the Petitioners their Mony in regard it is land Service And
Praying that his Majestic would be pleased to Order that their
money be paid them for bringing home the said Soldiers,
[the matter was referred to the Treasury to do therein for the
petitioners' relief what their Lordships shall think best].
[p. 371. H 2.]
[1336.] Ibid.
West Indies. [The Council approve, and give orders to Mr. Secy. Coventry
in accordance with the report of the Committee] that they
had received an account from the Earl of Carlisle Governor
of Jamaica by Letters dated the 15th of September last of
the hardships the English have suffered in those parts from
the Spanyards who had lately taken many of their ships
having Logwood and Cocoa on board, And that one Paul Abney
Master of a sloop belonging to Port Royall had lately with
his Sloop and Passengers been taken prisoner by a Spanish
Ship of Warr under the Command of the Vice AdmiraU of
Cartagena, who plundered their Sloop having only Cocoa on
board ; And that upon producing his Lordships Lett-pass
the Vice Admirall used it most scornfully and threw it him
again, converting the goods taken from on board to his own
use, and forcing the Master to signe a receipt of having received
mony for the same, when indeed he had not, or else not to
t)e discharged, as also that the said Paul Abney had made
1680.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 881
Oath that at the same time when he was on board the Vice
AdmiraU he saw there five other Masters of ships belonging
to Jaraaica that had been lately taken by the Spanyards and
were there prisoners and one of them in Irons having brought
with him letters from them to their severall relations in that
Island, wUh complaints of the Spanyards barbarous usage
of them, And their Lordships offering their opinion that the
said Representation might be made unto the Spanish
Mimster residing here, and orders hkewise sent to his Majestys
Envoy m the Court of Spayne to demand satisfaction for the
before mentioned injuryes and Sufferings of the English by
the Violence of the Spanyards in the West Indies and par-
ticularly to expostulate with that Court for the Imprisonment
of his Majestys subjects and the seizure made by the Spanyards
of Logwood, Cocoa and other Commodityes found on board
EngUsh Vessells, which hardships are not only contrary to
the Rules of Common friendship but to the expresse Articles
of the Treaty of Madrid concluded with that Crowne for com-
posing differences and Estabhshing a Peace in America which
his Majesty has continually endeavoured to cultivate by the
most particular and pressing Orders to his Governors Com-
manding them punctually to observe all the Articles of the said
Treaty and take care that no occassion of offense or Complaint
might be given to the Spanyards, which Marks of recipricall
Amity and kindnesse his Majestie may justly expect from
that Crowne. [p. 31 i. ^1.]
[C.S.P. V. 1282.]
[1337.] Whitehall, 4 February :
Whereas by Order of this Boord of the 19th of December C^arolina.
last, John Culpeper was seized and sent up hither for divers
seditious and treasonable Practises carried on by him and
others in the Province of CaroUna, and being this day called
in and examined touching the same, It was Ordered by his
Majesty in CounciU That the said John Culpeper be con-
tinued in the custody of the Messenger, And that
Gillam who is under suspicion of having some hand in the
56
882 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1680.
Nevis.
aforesaid Actings do forthwith enter into 2001. Bond to give
his Attendance at the Councill Boord from time to time untill
he shalbe discharged. [p. 378. ^ 3.]
[At the same time the Committee are directed to meet at
10 on Saturday morning to make an investigation into Cul-
pcper's rebellion. The Proprietors of the colony are to attend
by themselves or their Agents and furnish an account of what
has passed within the said province with an authentic copy
of their charter.] [p. 379. ][ 1.]
[C.S.P. V. 1285.]
[1338.] Whitehall, 6 February :
. Richard Pope and Ralph ChfE of the City of Bristoll
Merchants Owners and ffreighters of the ship Prince of the said
City, setting forth. That the said ship in her Returne from
Nevis was seized by an Algerine Man of Warr, who tooke
out of her all her Men, and put on board Eight or Ten
Turkes and Two Renegados to carry her to Algier, but being
driven on shoar near the Port of TraUy in Ireland about the
first of January last, She with her Lading and the said Turkes
are still remayning Prisoners under his Majestys Power, and
his Majestys Subjects making Spoyle thereof under pretence
of his Majestys Authority, And therefore Praying Orders may
be sent for preserving the said ship and Goods from further
Spoyle, and that the same may be restored to the Petitioner
together with the said Turkes and Moors and recompence
of their great Losse. [The petition with copies of the
information relating to the matter lately transmitted from
the Lord Lieutenant and Council of Ireland are referred to
Sir Leohne Jenkins, for an opinion thereon], [p. 380. ][ 2.]
[In accordance with this opinion, order is given on the
1 1th for restoring without salvage or other rights of Admiralty
the vessel and what is left of her lading.] [p. 386. If 1.]
[1339.] Ibid.
Newfound- [The business of the Newfoundland fishery is appointed
to be heard by the Council on the 11th instant at three in
1680] ACTS OF THE PRIVY COUNCIL (COLONIAL). 883
the afternoon. The Admiralty are then to report] such
Informations as they have received from the last Convoyes
sent to those parts, and particularly the Answers to the
Enquirys transmitted to that Boord by Order of the Com-
mittee of Plantations in May last, which were deUvered to
the said Convoyes touching the present state of that Colony
and ffishery. [p. 382. T|«I| 3-4.]
[On the 11th the Committee are instructed on consideration
of the reports relating to Newfoundland, to prepare proposals
for the more due and orderly regulation and settlement of
the fishery and colony there, and to present the same to
the Council.] [p. 385. ^ 1.]
[1340.] Whitehall, 11 February :
[As it appears from a report of the Committee], that John Carolina.
Culpeper is guilty of Treason in abetting and encouraging
a RebeUion in Carohna, ffor which he stands committed
Prisoner to Newgate, [aU the informations against him are
to be delivered to the Attorney General for his prosecution.
There follows a warrant for the commitment of Culpeper
to Newgate (dated 12 February)]. [p. 387. Iffl 2-3.]
[1341.] WhitehaU, 14 February :
[On the report of Sir LeoHne Jenkins that the Lords West Indies.
Commissioners of Appeals had in December 1675, on the
appeal of his Majesty's Proctor, affirmed his award to the
captors of the negroes taken in the Susarma ; but that they
had not yet heard the appeal of the captors from his award
to the Crown of the ship and the remainder of the ladmg.]
[The Commissioners of Appeals are accordingly] desired to
meet forthwith and finish all matters depending before them
by way of Appeale, and particularly this Busmes. . . •
^ -^ ^^ [p, 389. H 1.]
[1342 ] Whitehall, 20 February :
Charles Kirby Merchant his Majestys naturaU borne H-t;ti°n
Subject, setting forth. That the Ship Charles of London.
884 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1680.
Burthen about 130 Tons belonging to the Petitioner and
his Brother, and whereof one Joseph Zoby of Geneva was
Supra Cargo was forced in her Voyage from Amsterdam to
the West Indies in August 1678 to put into Rio de Plata, near
the Towne called Buenos Ayres to take in Provisions, without
designe of trading in any manner, [and was there forcibly
seized by Spaniards, on the pretence that] the said Joseph
Zoby being a ffrenchman, the same were forfeited notwith-
standing she had a Passe from the Lords Commissioners
of the Admiralty, [application for the petitioner's relief was
directed to be made to the Court of Spain by Sir Henry
Goodrich and through the Spanish Ambassador in London.]
[p. 395. If 1].
[1343.] Whitehall, 27 February:
St. [The Council refer to the Treasury! the humble Petition of
Christopher ■- •' ■'
Sir Charles Wheeler Bart. Prajdng for severaU Reasons alleaged
in his Petition, That his Majesty would be pleased to Order
the dehvery up of a Bond of 8001. by him entred into for the
payment for One Hundred Muskets received out of his
Majestys Stores in the Tower for the Service of the Leeward
Islands, when the Petitioner was employed to receive his
Majestys Half of the Island of St. Christophers from the
ffrench, Or that Processe against him upon the said Bond
may be stayed, and the Petitioner heard concerning the
same at this Boord. [p. 408. Tf 5.]
[1344.] Whitehall, Tuesday morning, 9 March :
New York. [On hearing parties in John Ward's appeal against a judg-
ment given against him in the Court of Assizes 1-3 Oct.
1679 in New York, it was ordered] That the sentence .
against the Appellant John Ward be and it is hereby
repealed, and made void, and that the Judgment granted in
the Mayors Court of the Citty of New Yorke on the 22nd
of July last, according to the Declaration upon the Bond in
behalfe of the Appellant, be, and it is hereby Ratifyed, and
16S0.] ACTS 01^ THE PRIVY COUKClL (COLONIAL). 885
affirmed : And all officers, and others whom it may concerne
are hereby required to put the same forthwith in execution.
[p. 425. II 1.]
[1345.] WhitehaU, Tuesday morning, 9 March :
[The Committee of InteUigence* having reported] That they West indies
had considered the petition of the Royall Affrican Company,
praying his Majesty to renew his Letters to the Governors of
Barbadoes, Nevis, and Jamaica, strictly commanding the
observance of his Majestys Charter to that Company, And
his Majestyes late Proclamation in pursuance thereof, and
were of opinion that such Letters might accordingly be pre-
pared and sent, [letters are thereupon ordered to be sent,
enforcing former directions] and takeing notice of their
neglect herein, . . . and also requiring the Governour
of the Leeward Islands to examine the Ryotous proceedings
of severall persons upon the Island of Nevis, and to transmit
an Account of it to his Majesty that they may be proceeded
against according to Law. [p. 426. If L]
[1346.] WhitehaU, 2 April :
[In the case of the Susanna\ now depending before the West Indies.
Lords Commissioners of Appeals in cases of Reprizall, His
Majesty in Councill is graciously pleased in Consideration of
the good Services of the Captors, and for encouragement of
seamen for the future. To give and grant aU His Right, Title,
and Interest in the said Gold to the Captors of the said ship
Susanna. [f- 466. ^f 5.]
[1347.] Ibid.
Wheras it has been represented in behalf of the Dutch West West Indies
India Company and the executors of Balthazar de Rue
concern'd in the Negros seized on board the Golden Sun in
the year 1677, That Sir Thomas Modiford their late Atturney
and Procurator [is dead,] The said West India Company
* Appointed on 22 April 1679 "for _the opening, and considering all
advices as well forreigne, as Domestique."
886 ACTS Of THE PRIVY COUNCIL (COLONIAL). [1680.
and Executors of Balthazar de Rue humbly desire that Sir
Charles Modiford Baronet Hender Molesworth and Francis
Hanson Esqrs. being by them appointed to be their Attumeys,
and Procurators, His Majesty would be pleased to renew
his orders to the Earle of Carhsle or the Comander in Cheif of
Jamaica for the time being to the end the said Bond may
be delivered up to them and the proceedes of the said negros
duely recovered. It is thereupon Ordered in Councill that . .
assoone as the Evidences making out the Right of the said
[Company, and Executors] in the said Negros shall be
lawfully produced by Sir Charles Modiford Bart. Francis
Hanson and Hender Molesworth Esqres or either of them
jointly or severally, Then the said Bond entred into by the
said Richard Braine, Judge Admirall of Jamaica and others
for restitution of the said Negros unto the Right Owners be
forthwith deHvered up unto the said Procurators or any of
them, all reasonable charges expended upon accompt of the
said Negros being first satisfied unto such to whom the same
shall appear to be due, according to such Regulation and
agreement as his Lordship shall direct. [The Committee]
are hereby ordered to signifie unto the Earle of CarUsle or the
Comander in cheif of Jamaica for the time being, his Majestys
pleasure herein. [p. 467. Tj 1.]
[1348.] Whitehall, 5 April :
Jews in the Wheras Moses his Kiauh de Mercado, Solomon Mendez
Sereno, Jacob vas Martines, Isaac Coronel, Benjamin Nunez
Pauia, Jacob Pachew, and Daniel Mendez . . . have
set forth that being ahens, and designing to transport them-
selves into some of his Majestys plantations there to settle,
They obteined his Majestys warrants for passing letters
Patents to make them free Denizens. And wheras they finde
that according to some Rule a Clause must be inserted in
their letters Patents obhging them to reside in England, whidh
will frustrate their designe of setKng in his Majestys Plan-
tations, They humbly pray that the said clause may be
1680.] ACTS OF THE PRIVY COUNCIL (COLONIAL). 887
enlarged to any other of his Majestys Dominions • fthe
petition IS referred to the Committee for examination and
'"P"'*^- b. 470. 11 1.]
[1349.] Whitehall, 7 April :
[An order to the Commissioners of the Treasury to pay to Carolina.
Thomas Miller, Henry Hudson, John Taylor, Solomon Summers
and Peter Bunkenell, witnesses against one Culpeper who is
to be tried for high treason, ten shiUings a week each for
their subsistence till the said trial is over.] [p. 472. ^ 1.]
[1350.] WhitehaU, 14 AprU : '
Upon a debate this day had at the Boord concerning the Newfound-
Fishery and Colony of Newfoundland, His Majesty was'^'"'-
pleased to Order, and it is herby Ordered that . . the
Committee . . do signifie unto the Magistrates of such
Townes in the West of England as are cheifly concern'd in
that Trade, That his Majesty intending to settle a Governor
and erect a Fort in New found Land for the preservation of
his Majestys soverainty and good of the Fishery, They do
therfore transmit unto the Boord their opinions in what
manner and under what Regulations such a Governor may be
setled in New found Land, And that they appoint such Agents
or Correspondents as they shall think fit, to attend the
Committee ... on the 10th of October next with their
said Opinions or what else they can offer for the benefit,
and security of that Trade. [p. 475. ^ l.j
[1351.] Ibid.
The petition of Solomon Summers of Carolina was this Carolina.
day referred to the Lords Commissioners of the Treasury.
[p. 476. If 6.]
[1352.] Whitehall, 5 May :
. The humble Petition of William ffreeman Esqr Leeward
in behalfe of Sir WiUiam Stapleton ... is referred ^''''"'*'-
and recommended to [the Treasury] to take such speedy
care therein as the urgency of the affaire doth require to
prevent any inconvencyes that may Otherwise happen to
His Majesties Service, [?• 497. ^ 1.]
888 ACTS OF THE PRIVY COUNCIL (COLONIAL). [1680.
[1353.] Whitehall, 5 May :
Surinam. [The Committee report] : — Wee have received a Letter dated
7th of ffebruary last from Sir WiUiam Stapleton ....
informing us that the Deptford Ketch is returned from
Surinam with one hundred and two persons blacks and whites
who are now upon the Island of Antego ; and that the Dutch
Governor wiU not permit any more to come away without
Orders and Instructions from the States. Wherefore he
earnestly desires that the same may be procured which will
not only be a great favour to your Subjects there as Sir
William Stapleton expresses, but very much advance the
settlement of that Island which in three or four yeares, will
exceed any of the Leeward Islands, and add considerably to
your Majestys Revenue. For which Sir William Stapleton is
more solicitous, in as much as the poor people are ready to
starve there, and are exposed to be murthered by the Indians
as severall of their Countrymen have been as is by him alledged.
Wee have hereupon reviewed what hath passed in relation
to the Enghsh of Surinam ; and although wee do not find
that the Dutch are directly obUged to permit the Enghsh
to withdraw themselves whensoever your Majesty shall
desire it. Yet in respect of the miserable condition they are
sayd to be in. Wee humbly offer Our opinions that appUcation
may be made to the States Generall by the Dutch Ambassador
residing here and your Majestys Envoy in Holland, that
they would by Orders and Instructions to their Governour,
suffer the English to transport themselves into some of your
Majestys Plantations in such manner as formerly,* since by
their stay in Surinam they are in continuall apprehension and
danger of being famished, or butchered by the barbarous and
inhuman Indians.
[The report, signed by Radnor, J. Bridgewater, and L.
Hyde, was approved, and appUcations ordered to be made
to the States General by the two channels indicated in the
report.] [p. 298. TJ 2.]
[C.S.P. V. 1351.]
* " in such manner, and in such Conditions as was granted to them in
the ^eore 1675 " are the words in the Order following the report,
( 889
APPENDIX.
Not only did the Council sometimes meet in secret session,
to which the Clerk was not admitted, but matters were
sometimes discussed at ordinary meetings of which no record
appears in the Register, and of which we learn elsewhere.
The following list includes such extra Orders in Council as we
have found relating to Colonial matters. With few exceptions
they are of small importance.
(1) Calendars of State Papers (America and West Indies) :
Vol. I., p. 37, 2 Feb., 1623 ; p. 174, 4 Feb., 1634 ; f. 197,
^ 49.i. ; 29. 211, 2 July, 1635 ; p. 217, 27 Dec, 1635 ;
j>. 242, 11 30.i. ; p. 273, 6 May, 1638. Vol. II., 97, 233,
332, 344.1., 1402. Vol. IV., 528.i., 730, lOlS.vu., 1189.
Vol', v., lO.i., 492, 497, 518, 700, 701, 702, 940,
1020-3, ' 1074, 1078, 1086, 1125, 1176, 1192, 1193,
1220-2, 1237, 1265, 1321.
(2) Reports of Historical Manuscripts Commission :
Fourth Report, v 51, Order of 11 Feb., 1641, re
Earl of Carlisle, f. 53, Order of 19 Feb., 1641, re
Roger North, f. 237, Orders of 8, 17, 24 Oct. 1623,
and 22 July, 1634, re Virginia and Barbados, p. 312,
Order of 30 July, 1621, re tobacco.
Seventh Report, v 671, Letter of 22 Feb. 1615, re Virginia
lottery.
Eighth Report, Appendix I., V 229, Order of 28 Sep.,
1628, to College of Physicians. Appendix II., V 40.A.,
Orders of 21 and 28 April, 1623, re tobacco. ^^
890 APPENDIX.
Twelfth Report, Appendix I., p. 337, Letter of Baltimore
of Jan. 16, 1628.
Thirteenth Report, Appendix IV., f. 437, Letter of
22 Feb., 1615, re Virginia lottery.
(3) British Museum, Egerton MSS., 2543 §. 205-205b.
Order of 31 Jan., 1668, similar to that of 12 Feb., 1668.
[747.] Given in full in Andrews, op. cii.
(4) William Bradford, History of Plymouth Plantation,
pp. 289-90. (Original Narratives of Early American History.
1908.) Order of 19 January, 1633, re New England.
(891)
INDEX.
Abney, Paul, 1336.
Abroy, Matthew, 466.
Acadia. See Nova Scotia.
Accomack, 1029, 1186.
Acrod, John, 514.
Adam and Eve, 1183, 1186.
Adams, William, 661.
Adderton, Damaris, 217.
Adgate, Francis, 1166.
Admiral, Lord High, 4, 15, 18, 29,
185-6, 209, 646, 659, 675(5), 681,
916, 1091. See also Buckingham,
Duke of ; Nortliumberland, Earl
of; York, Duke of.
Admiralty, Court of, 1, 2, 4, 76, 8.J,
84, 180, 193, 196, 231, 248, 259,
560, 578, 580, 582-3, 867, 898,
1008, 1056, 1138, 1185, 1225, 1237,
1272, 1287, 1341.
Court at Calais, 954.
Coiu-t of, at Havana, 1164.
Court of, in Jamaica, 1308.
Court for St. Kitts, 1148.
Judge of, 4, 15, 18, 67, 243, 684,
687, 912, 953, 1017, 1075, 1093.
See also Martin, Sir Henry ;
Exton, Sir Thomas ; Jenkins, Sir
Leoline.
Lords Commissioners of, 253, 292,
986, 989, 994, 1008, 1027, 1049,
1087, 1103, 1106, 1130, 1136,
1186, 1204, 1208, 1238, 1256,
1268-9, 1286, 1306-7, 1318, 1321,
1335, 1339, 1342.
MarshaU of, 239, 280. See also
Smith, Solomon ; Marsh, Gabriel.
Adventure, 722, 723(13), 727, 1134.
Advocate, His Majesty's, 747.
Adys, Henry, 570.
, Mary, 570.
, Sarah, 570.
, Timothy, 570.
Afflett, Anne, 570.
, Richard, 570.
, Susan, 570.
Africa, Royal Company of, 723(12),
755, 1238(7), 134.5.
disputes with Barbados, 626, 629,
865, 872, 931, 1100.
infringements of monopoly of, 674,
692, 745, 1011, 1013, 106S, 1102,
1112, 1121, 1131.
negroes for Spam'sh Indies, 587,
672, 1054.
Agnew, David, 755.
Albanell, Charles, » Jesuit, 1057.
Albany, 842, 1212, 1214.
Albemarle (Ca.), 1327.
Albemarle, Christopher, Duke of,
P. 819
. George, Duke of, 488, 491, 509,
513-4, 604, 610, 614, 623, 636,
654, 664, 723(10), 813, 821.
Alexander of Bristol, 690.
Alexandria (N.S.), 835.
Algier frigate, 854.
Alexander, Sir WiUiam. See Stirling,
Earl of.
Algiers, 491, 1152, 1256.
pirates from, 885, 894, 949, 958,
1238(1), 1248, 1266, 1278, 1289,
1338.
Alicante, 663, 1069.
Alington, W., 917.
Alises, Eliz., 690.
892
ESTDBX.
Allen, of Poole, 702.
Allen, Sir Thomas, 885, 894.
— — . Thomas, 429.
, WiUiam, 429, 479.
Amazon, river, 34-7, 39, 47, 54^8,
67-9, 72-3, 232.
America of London, 311, 312, 314.
America, Commissioners for his
Maje.sty's affairs in, 758.
Corporation for propagating the
Gospel in, 493.
passes to travel in, 386, 389, 482.
plantations, licence to export cheese
to, 464.
plantations, rules for passes to, 1123.
plantations, economies in govern-
ment of, 1277, 1288.
Amity, 470, 651, 766.
Amsterdam, 133, 560, 819, 823, 842,
850, 897, 901, 906, 1093. 1211,
1242, 1246, 1321, 1342.
Amys, William, 1047.
Anderson, Lancelot, 722.
Andrews, Captain Peter, 270, 339-40,
350, 354.
, Samuel, 1238(7).
, William, 341.
Andros, Sir Edmimd, 795-6, 947,
1013, 1212, 1214.
Angell, George, 837.
Angier, John. 938.
Anglesey, Earl of, 513-4, 522, 529,
536, 556, 572, 693, 735, 747. 913,
1028, 1134, 1148, 11.59, 1169, 1198,
1216, 1221, 1237, 1244. 1275,
1284, 1293, 1333, p. 819.
Anguilla, 854, 940, 981.
Anne. 138, 157, 162(9), 640, 678, 684,
1102.
Anne and Elizabeth, 280.
Anne and Grace, 1238(5).
Anne and John, 444.
Annesley, Arthur, 484, 488, 491.
Antelope, 1283.
Antigua, governor of. See Bunckley,
John, Warner, Colonel Philip.
Antigua, 755,950, 1038(1), 1041, 1062,
1064, 1112, 1137, 12,30, 1353.
Antigua — cant.
Acts approved, 653.
report on, 852.
account of, 854.
A,niigua Merchant, 988, 1112.
Antonia, Francisco, 1152.
Antrobus, William, 514.
Appleby, Francis, 651.
Appomattox, Indians, 1169.
River, 336.
Ap.sley, Sir Allan, 131.
Archangel Michael, 204.
Archdale, John, 888.
Archer, Joseph, 837.
Argall (Sir Samuel), 5, 6, 45, 274, 399.
Ark, 138, 322.
Arle (Gloucestershire), 337.
Arlington, Henry Bennet, Lord, 505,
587, 610, 667, 676, 693, 708, 740-1,
743, 747, 753, 760, 779, 785, 787,
814, 822-3, 826, 868, 873, 887-8,
898, 905, 908, 912-4, 928, 933,
955, 958, 960-1, 964-6, 970, 972-3,
979, 984, 996, 1002, 1007, 1017,
1031, 1048, 1051, 1250, 1284, 1293,
p. 819.
Arman of Souder, 975.
Armiger, Jeremiah, 894.
Arundel, Thomas Howard, Earl of,
34, 37, 43, 65.
Ashall, Richard,, 979.
Ashley, captain, 950.
, Edward, 286, 289.
, Lord. See Shaftesbury.
Ashne<» John, 213.
Ashurst, Henry, 514.
Asia, 1225.
Aston, Walter, Baron, 417.
Atherton, Major, 1234.
Atkins, Sir Jonathan, Governor of
Barbados, 1013, 1037, 1039, 1043,
1063-5, 1100, 1102, 1107, 1114,
1120-1, 1133, 1139, 1144, 1166,
1171, 1225, 1298.
Attorney General, 20, 89, 115, 117-9,
122, 150, 190, 198-9, 248-9, 251,
254-5, 258, 263, 286, 289, 291,
296-8, 301, 320, 323, 366, 375-6,
fNDEX.
893
Attorney General — cont.
384, 395, 403(12), 420, 435, 460,
475, 490, 493, 498, 503 note, 506-7,'
510, 514, 562, 572, 581, 594, 599^
603-4, 624, 711, 719, 747, 915,'
923, 952-3, 982, 1011, 1023, 1029,
1031, 1035, 1039, 1042, 1045, 1067^
1078, 1089, 1117, 1121, 1181, 1333,
1340.
Attye, Charles, 298.
Atwell, Thomas, 275.
Aveiro (Portugal), 760.
Aylesbury, Robert, first Earl of, p. 703 :
1237, 1245-7, 1250.
Ayleway, Robert, 1309.
Ayres (Eyres), Thomas, 391, 418, 422,
441, 462.
B.
Baas, Monsieur de, 898, 908, 1017, 1051.
Bache, Captain Samuel, 1026.
Bachelor, 700, 703, 857, 862, 881, 900,
986, 989, 999, 1008, 1015, 1022,
1290.
Bacon, Nathaniel, 633, 1094-5, 1097,
1167-8, 1178, 1186, 1190, 1192,
1197-8, 1250,
Bagge, Sir James, Vice Admiral of
Devon, 57, 138, 269-71.
Bagnall, Francis, 837.
Bahama Islands, 1016.
Bahama Merchant, 1016.
Bailey, John, 464.
Baillon, Francis, 975.
Baines, Commissary, 993, 998, 1028,
1034.
Baker, John, 279, 285.
Baldwin, Captain Frank, 275.
, Mr. Serjeant, 1296.
Ballard, Colonel, 1250.
Baltimore, George, first Lord, 15, 43,
122, 222, 315, 317, 322.
. Cecil, second Lord, 403(10), 437,
473, 532, 565-6, 578, 609, 627,
636, 642, 729, 733, 765, 774, 782,
828, 896-7, 904, 1094, 1196.
Banckerts (Bancasse), Admiral, 986.
Bancks, Christopher, 275.
Bandinell, Thomas, 926-7.
Banister, Alexander, 653.
, Sergeant Major James, Deputy
Governor of Surinam, 809, 810, 849.
Bannatyne, Averina, 698.
. Hillyard, 698.
, Robert, 698.
Banner, Richard, 1295.
Barbados, 292, 476, 485-6. 505-6,
524, 543, 558, 568-9, 574, 576,
590-1, 596, 622, 624, 630, 648,
656-7, 660, 662, 665, 668, 675,
683, 685, 691, 694, 696, 700, 702,
704, 706, 708, 72,3-4, 728, 743,
744. 746, 748, 750, 759, 763, 766,
772, 783, 794, 817, 823, 841, 843,
856-7, 862, 864, 876, 890, 898,
901, 906, 921, 941, 948, 952-3,
959(2), 973, 1006, 1038, 1062-3,
1064, 1098, 1107, 1114. 1120,
1144, 1148, 1171, 1225, 1228,
1238(5), 1281, 1292, 1304, 1313.
Assembly of, 448, 840, 852, 930-1.
1044, 1100.
Governor of, 357, 370, 382, 509,
595, 701, 703, 813, 922, 930, 931.
5ce abo Walrond,H.; Willoughby,
Francis Lord; Willoughby , William
Lord; Hunoks, Sgt. -Major; Cod-
rington. Col. Christopher,
disputed estates in, 449, 477, 540-1,
584, 688, 698, 805, 877, 1166.
4i per cent, duty in, 652, 775, 784,
786, 792, 830, 832, 836, 852, 859,
878, 881, 895, 900, 907, 930, 992,
1280, 1282, 1290, 1298, 1311.
disputes with Royal African Com-
pany, 626, 629, 674, 745, 865, 872,
931, 1102, 1121, 1343.
stores for, 447, 459, 647, 789-90,
1133, 1139.
horses sent to, 533, 588, 738, 870,
880.
troops in, 741, 786, 793, 795-6, 840,
874, 884, 907, 910, 947-8, 956,
998, 1034, 1099, 1240, 1258.
bank in, 557.
894
INDEX.
B arbados — cont.
protection for ships trading to,
642. 659.
fire at Bridgetown, 778. 784.
Acts complained of by farmers of
the 4 J per cent, duty, 1298.
establishment for, 1288.
report on, 852, 854.
slave-trade at, 560, 587, 672, 852,
1065.
Jews in, 869, 875.
delay of justice in, 595, 629.
transportation of Quakers to, 651.
defenceless condition of, 784, 1135,
1139.
Acts approved, 653. 1249, 1296-7,
1329.
Barbados Merchant, 668.
Barbary, 958.
Barbuda, 150, 854.
Bargrave, John, Adventurer to Virginia,
86, 90, 92-4, 97.
, Thomas, 675(1).
Barker, John, 402.
, Stephen, 314.
, WiUiam, of Virginia, 295, 314.
. William, 1067.
Bamaby, Mrs., 275.
Barnes, Anne, 1172.
, John, 1122, 1172.
, master of the Neptune, 328.
, Thomas, 244.
Barnstaple, 31, 46, 74, 135, 140, 271,
323-4, 465, 612, 672 (2) and (6),
879, 891, 915.
Baron, George, 1238(2).
Barr, John de la, 287-8.
, Peter, 886.
Barre, de la, Sieur, commanding for
I'rance in St. Christopher, 838.
Barret, Walter, a Bristol merchant,
356, 413.
Barrett, Captain James, 995, 1099,
1228, 1240, 1280.
Barrey, James, 535.
Barron, Abraham, 643.
Barry, Capt. Samuel, 499.
Bart, Jasper, 988.
Bartlet, Robert, 864.
Barwick, Elizabeth, 229.
, Roger, 200.
, Col. Samuel, 838.
, Thomas, 229.
Baskor, Samuel, 755.
Bassett, Francis, Vice-Admiral of
Cornwall, 220, 238, 240, 241, 245.
Bateman, Sir Anthony, 514.
. Robert, 57.
. Sir William, 514.
Bath, William, Earl of, 31.
, John, Earl of, 610, 740, 1159,
1317.
Bath plantation (Nevis), 974.
Bathurst, John, 514.
Batson, Henry, 865.
Batten, Sir W., 559.
Batterby (Lincolnshire), 172.
Bawden, Mr., 978.
Baxter, Josiah, pamphlet concerning,
960.
, Thomas, 1255.
Bayly, Charles, 883.
, Captain John, 15, 17-23.
Baynes, John, 1016.
Bayonne, 967.
Beake, James, 805.
Beale, Alexander, 677.
Beane, Humphrey, 940.
, Peter, 607.
Bear, 130.
Beare, William, 82.
Beaumont, Jane, 1306.
, William, 1306.
Becher, Sir William, 239, 249, 279,
418, 422, 427, 437.
Bedo, William, 183.
Beekes, William, 906.
Beeston, Wilham, 586.
Belfast, 755, 1041, 1047.
Bell, Captain Philip, 476.
, Col. PhiUp, 838.
, Thomas, 514.
Belle Isle, 739.
Benbow, John, 514.
Bence, Sir Alexander, 1054,
Bendish, Robert, 885.
INDEX.
895
Benjamin, 723(19), 1238(5).
Beniiet, Captain, 1142.
, Sir Henry. See Arlington, Lord.
, Mr., merchant, 284.
, Philip, 1263.
Bentley, Captain, 658.
Bergen, North, 1006.
Bergeyck, Count de, Spanish envoy,
1142, 1152, 11.57.
Berkeley, Sir Charles, 572.
, John, Lord, 557, 604, 610-1,
723(17), 1021, 1028, 1051, p. 703.
, Lady, 1326.
, Sir Robert, 279.
, William, afterwards Sir WiUiam,
Governor of Virginia, 224, 298,
300-1, 531-2, 534, 544, 566, 571,
601, 604, 633, 642, 754, 759, 761,
808, 828, 866, 892, 924, 929,
1013, 1094-5, 1156, 1167-8, 1170,
1178, 1183, 1186, 1189-90, 1192,
1198, 1205, 1326.
Berkshire, Thomas. Earl of, 277, 526,
592.
Bermudas, 81, 83-5, 160, 162(-1), 197,
211, 292, 471, 675(1), 739, 828.
church in, 134, 136, 404.
criminals transported to, 50, 91.
stores for, 127, 438, 481.
tobacco from, 41, 96, 99, 100, 116,
139, 148-9, 198, 202, 208, 291,
379, 1019.
Governor of. See Butler, N. ;
Heydon, Sir John ; Whaley,
Samuel ; Woodhouse, Captain
Henry.
See also Virginia and Bermudas,
Commissioners for.
Bermuda or Somers Islands Company,
79, 96, 99-103, 105, 116, 118, 127,
379, 1004, 1019, 1031, 1110, 1113,
1117, 1295, 1333.
granted lands in Virginia, 437.
proceedings against charter of, 1317,
1331.
Bernard, Edward, 517, 525.
, Thomas, 394.
Beroche (Birushe), Christopher, I, 2, 7.
Berry, Captain, 750.
, Sir John, 1094-5, 1103, 1167-70,
1173, 1186, 1198.
Bertie (Bartie), Sir Peregrine, 58.
Betts, Leonard, 402.
Bevan, Robert, 931.
Beverley, Col. Robert, 1191, 1250.
Bickford, Mark, 723(10).
Bideford, 891, 915.
Biggon, Moses, 643.
Bilbao, 662, 954, 1238(1).
Bindloss, John, 1325.
Birch, Captain William, 357, 370.
, Mrs., his widow, 370.
Bird, Captain William, 1301.
Biscowen, Edward, 514.
Biss, Thomas, 988.
Black Eagle of London, 651.
Blackman, .leremy, 457.
, Thomas, 898.
Blackwall, 723(22).
Blake, Nicholas, 622.
Bland, Michael, 172.
Blanye, Mr. Edward, 167.
Blathwayt, William, 1081, 1175.
BlsBnac, Monsieur de. Gov. Gen. of
French West Indies, 1281.
Blessing, 428, 608, 959(3), 1238(6).
Blindall (Blendall), John, 640, 661.
Blossom of London, 1131.
Bludworth, Sir Thomas, 864.
Bodenham, Robert, 690.
Boer, John Cornelissen, 767, 769.
Bohorques, Don Juan Ximenes de,
664, 667, 676, 935.
Boleme, Louis, 975.
Bolton, Captain, 1063.
Bonuell, James, 662.
(Donnell), Jeremy, 517, 525.
Boone, Thomas, 716.
Booth, Richard, 1168.
Bordeaux, 939, 975.
Borr, John, of Dublin, 578.
Boseman, William, 677, 737.
Boston (Mass.), 831, 888, 960, 967,
1026, 1050, 1058, 1182, 1216, 1218,
1236, 1238(2) (5) and (7), 1285,
1293.
896
INDEX.
Bourne, Neheraiah, 386, 453.
Boutillier, Philip, 1084.
Bowles, Richard, 888.
Bowley, Robert, 643.
Boyle, Robert, 514, 528.
Boys, Richard, 1036.
Bradbourne, Edward, 805.
Bradford, George, 581.
, Margaret, 643.
, Thomas, 643.
, Thomasine, 581.
Bradley, John, 363, 402.
Bradstreet, Simon, 1234.
Braine (Brayne), Richard, 1246, 1347.
Braithwayte, John, 1321.
Brathat, Thomas, 837.
Bray, Colonel, 1250.
Brazil frigate, 701, 766, 1290.
Bread, Richard, 823.
Breadcake, John, 130.
Brecknock, tobacco in, 682.
Breda, Treaty of, 717, 734, 740, 742,
753, 779, 785, 787, 792, 799, 835,
838, 855, 887. 912, 1051, 1281.
Brent, Pter, 938.
Breretone Frances, Lady, 801, 830.
, Captain Richard, 281, 285 note,
287-8, 307, 309-10.
, WilUam, third Lord, 1082, 1108,
1126, 1292, 1311.
Brewer, John, 275.
, Joseph, 275.
Bridge, Sir Tobias, 704, 775, 784, 786,
792-3, 795-6, 832, 840, 859, 874,
884, 895, 907, 922, 956, 993, 995,
1001, 1148, 1228, 1240, 1280.
Bridger, Colonel Joshua, 1178, 1250.
Bridges, William, 1038(1)
Bridgetown (Barbados), 780, 789.
Bridgwater, Jobn, third Earl of, 747,
913, 1021, 1028, 1134, 1216, 1244,
1246, 1247, 1250, 1281, 1284, 1317,
1333, 1353, p. 819
Briggs, Timothy, 1031, 1117.
Brinsley, Lawrence, 514.
Brestbone, John, 661.
Bristol, 271, 356, 415, 561, 687, 690,
706, 722, 723(14), (18), 727, 736,
Bristol — cont
772, 806, 813, 949-50, 959(2),
964, 966, 969, 988, 997, 1077,
1302, 1338.
trade to New England, 74, 413, 426,
443, 450-1, 466-8, 954.
trade to Newfoundland, 43, 46, 140,
450-1, 466-8, 735, 915, 959(1),
1020.
Bristol, 1096, 1103, 1105.
Brocas, Mr., 431.
Brodgate, Nicholas, 837.
Broen, Marc, 1246.
Brorafield, Sir Lawrence, 514.
Brook, Matthew, 152.
Brooke, Christopher, 97.
, Lord, 86, 93.
Brookes, Francis, 311, 312.
Brounker, H., 917.
Brown, John, transported, 121.
Browne, Edward, 851.
. Giles, 723(20).
'-, Captain James, 1242.
, Thomas, 314.
, Mr., Clerk of the Parliament,
490.
Bruen, William, 723(9).
Bruges, 988.
Brumgham, Garret, 837.
Bryan, Daniel, 837.
, Rebecca, 969, 980.
Bucke, Richard, a minister, 395.
Buckham, Richard, 374.
Buckinghamshire, tobacco destroyed
in, 176.
Buckingham, George ViUiers, first
Duke of, 56, 130, 747.
Buckoke, Nathaniel, 633.
Buckworth, John, 906, 992.
Buen Jesus de las Almas, 1142.
Buenos AjTes, 1342.
Buffillo Ball, 1278, 1289.
Bulkeley, Peter, 1109, 1199, 1212,
1214-6, 1218, 1224, 1227, 1233-4,
1241, 1284.
Bullock, William, 431.
Bunch, Walt-er, alias Dunsh, 1306.
Bunckley, John, 601.
INDEX.
897
Bunkenell, Peter, 134y.
Bvircher, Anne, 275.
Burd, Captain Edward, 748, 708.
Burfield, Captain, 1164,
Burgh of Staden, 1006. 1009.
Burghill, John, 581.
, Blary, 581, 596.
Burlemachi, Philip, 182, 184.
Burley, John, 217.
Burr, Thomas, 661.
, William, 661.
BLirrey, Captain, 952.
Burton, Edward, junior, 823.
. Thomas, 471.
Bushell, Edward, 584, 700, 756, 766,
802, 682.
, Thomas, 584.
Butler, Nathaniel, Governor of the
Bermudas, 83.
, Thomas, 959(1).
Button, Captain William, 336, 338.
Byam, Colonel William, Governor of
Simnam, 601, 1275.
Byde, Moyer, Governor of Montserrat,
658.
Bydolph, Sir Theophilus, 514.
Byncks, Mynheer, Dutch Governor of
Tobago, 1211, 1237.
C.
Cabell, Richard, 716.
Cadiz, 377, 560, 662, 756, 864.
Ca«n, Emery de, 235-7, 243-4, 246-7.
Caesar, 1127.
Caesar, Sir JuUus, master of the
Bolls, 35, 36.
Cagway (Jamaica), 511.
Caillovet, Philip, 975.
Caine, Caleb, 750.
Calais, 954, 986.
Cale, Giles, 866.
, Nathaniel, 356.
Caledonia (N.S.), 835.
Calvert, Sir George. See Baltimore,
Lord.
Calvert, Charles, Deputy Governor of
Maryland, 765, 893, 896, 1013.
. Philip, 601.
Campeachy, Bay of, 970, 1127, 1134,
1252, 1275,
Canada, 5, 6, 223, 1057.
Adventuiers to, 231, 233-7, 239,
242-4, 246-9, 251, 254-5, 260, 267,
298, 300-1, 303-4, 308.
interloping trade to, 279, 281, 283,
285, 287-8, 290, 293-4, 296-7,
309.
fisheries in, 445.
Canada, Patrick 402.
Canary Islands, 662, 1038 note, 1131.
Candelero, Captain, 938.
Canning, Mr., 48.
. (Cvmnyn), William, 117.
Canterbury, 12.
Archbishop of, 34, 60, 66, 313, 330,
360, 404, 472, 522.
Cape Bona Vista, 915-6, 1023.
Cape Catoche, 970.
Cape Bace, 915-0, 1023.
Cape St. Anthony, 973.
Cape St. Vincent, 885, 887, 958.
Cape Verde, 915, 1104.
Capell, Sir Henry, 1306.
Capperose, Peter de, 967.
Carew, George, Baron (afterwards Earl
of Totnes), 38, 43-4, 79, 107,
127-8, 147, 161, 174.
, Sir Henry, 31.
, Sir Thomas, 716.
Caribbee (Leeward) Islands, 164, 291-2,
726, 737, 748, 750, 759, 791, 857,
1047, 1064, 1135, 1230, 1275, 1281,
1345.
Earl of CarUsle in, 201, 266, 273.
claims to, 498, 506, 507, 599, 882.
revenue of, 652-3, 813, 830, 836, 991.
account of, 852, 854.
ships from, 659, 950.
Church in, 1145, 1148, 1165.
establishment for, 1288.
horses exported to, 806.
defences of, 1001, 1028, 1140, 1148,
1319.
898
INDEX.
Caribbee (Leeward) Islands — cont.
stores for, 423, 444, 483, 1254, 1353.
4} per cent, duty in, 792, 878, 881,
890, 922, 992, 1201, 1238(8), 1315,
1319.
Governors of. See Willoughby of
Parham, Francis, Lord; Willoughby
of Parham, William, Lord ; Staple-
ton, Sir W. ; Wheeler, Sir C.
See also West Indies.
Carleton, Sir Dudley. See Dorchester,
Lord.
Carliola, 485, 487.
Carlisle, James Hay, 1st Earl of, 200-1,
205, 209, 266, 273, 423, 463, 477,
487, 498, 507, 581, 596, 598(7),
599, 652-3, 737, 882.
, Charles Howard, 2nd Earl of.
Governor of Jamaica, 423, 448-9,
485, 487, 740, 747 margin, 1021,
1163, 1174, 1177, 1193, 1201-2,
1208, 1210, 1232, 1238(3), 1246-7,
1250, 1252, 1257, 1274-5, 1325,
1336, 1347.
Carlisle Battery, Port Royal, 1275.
Carolana, plantation in, 339-40, 403
(10).
Carolina, 654, 853, 1351.
grant of in 1663, 594, 604.
Culpeper's rebellion in, 1327, 1337,
1340, 1349.
French Protestants to settle in,
1273, 1313.
masts from, 723 (15).
Seth Sothell sent as governor of,
1278.
tobacco in, 733.
Governor of. See Yeamans, Sir
John, and Sothell, Seth.
Carolus Secundum, 1038(2).
Cartagena, 943, 973, 1242, 1336.
Carter, Edward, 1219.
, Isaac, 944.
, James, 157.
, John, transported, 91.
, John, 958.
Carteret, Sir George, Vice Chamberlain,
and Treasurer of the Navy, 491,
Carteret — cont.
515, 529, 536, 572, 604, 610, 693,
704, 735, 747, 758, 928, 1021,
1159, 1201, 1221.
, Capt. James, 863.
Cartesar, Diego de Castro, 75.
Cartwright, Sir Hugh, 607.
Carver, William, 994.
Gary, Shershaw, 723(14).
Case, John, 1112.
Castell, William, 275.
Castines, Henry, 666.
Castle de Maine (Myne), 560.
GasUe of Stockholm, Swedish ship, 743.
Catherine, 1, 2, 7, 606, 723(16), 817.
Cavendish, Sir William, 58.
. William, Lord, 98, 102, 104, 142.
. William, Lord, 1284, p. 819.
Cayenne, 740, 742, 1051.
Cecil, Sir Edward, 58..
Ceely, John, 651.
Chalenor, Mr. Alderman, 1333.
Chamberlain, Edward, 688, 871, 877.
, Elizabeth, 943.
, Joh.-, 712.
, William, 533, 588.
, the Lord High, 302, 460, 484,
513-4, 529, 693, 913, 1021, 1081,
1281 ; and see Ai'lington, Lord ;
Lindsay, Earl of ; and Manchester,
Earl of.
Chamillart, Guy, 658.
, Peter, 658.
Champagne, Captain Guillaume, 868,
887.
Champante, John, 665, 778, 789, 801,
817.
Champion, Percival, 275.
Chancellor, Lord, 58, 513-4, 522, 534,
626, 693, 1074, 1089, 1095 ; and see
Clarendon, Earl of.
, of the Duchy, 122, 1021.
, of the Excheqxier, 31, 34, 52,
122, 151, 536, 625, 637, 668, 700,
1021. See also Cottington tuid
Shaftesbury.
Chandler, Richard, 1004.
Channon, John, 973, 984.
INDEX.
899
Chappell, Roger, 864.
Charitas, 1038(2).
Charity, 79, 346, 439, 511.
Charles City County (Va.), 1250.
Charles, Fort in Jamaica, 593.
Charles River, 429, 1159.
Charles, 253, 309-10, 439, 467, 469,
674, 958, 1069, 1106, 1306, 1342.
Charleton, Mr., 300.
Charlton (Gloucestershire), 337.
Chatham, 253, 644, 791.
Cheek, Sir Thomas, 58.
Cheltenham, 337, 347, 433, 673.
Chesapeake Bay, 695.
Chesapeake (Chisopahaeck) River, 338.
Cheskay (Chiskiack), 211, 446.
Chesten, John, 464.
Chester, 675-6.
Chester, Captain, 18.
Chevalier, Jacques, 975.
Chevelet (Bordeaux), 975.
Chew, John, 275.
Chicheley, Sir Henry, 636, 1088, 1094,
1250, 1270, 1301.
, Sir Thomas, Master of the Ord-
nance, 968, 1159.
Chichester, Lord, 107, 122.
Chief Justice, Lord, 525, 651, 075,
680, 1119.
Child, Sir Josiah, 756.
Chissawnock, 1223.
Chocolatto Hole, 1202.
Chomley, John, 738.
Christmas, Thomas, 851.
Christopher and Mary, 272, 275.
Chrouchley, Thomas, transported, 13.
Chudleigh (Captain), 29.
, Thomas, 945, 950.
Church, in the plantations, 510, 1260,
1263, 1329, 1331.
in Jamaica, 522, 899, 1177, 1263.
in New England, 514, 528, 1293.
in Virginia, 211.
in Leeward Islands, 1145, 1148, 1165.
in Bermudas, 134, 136, 217.
Claphamson, Samuel, 1168.
Clarendon, Edward Hyde, Earl of,
Lord Chancellor, 488, 557, 567,
572, 576, 593, 604.
Clarendon, Henry, Earl of, 1240-7, 1250.
Clarke, George, 514.
, John, 11.
, Mary, 540.
Clay, Robert, 458.
Clement, John, 946, 1003.
Clements, Edmond, 1238(4).
, Edward, 885, 894.
, John, 885.
, Robert, 275.
Clement and Job, 328, 342.
■ Clerk of Committee of Plantations. See
Southwell. Sir R. ; Lloyd, Sir P. ;
Blathwayt, W.
Clerk of the Parliament. See Browne,
Mr.
Clerk of the Signet, 511.
Cleverley Point (St. Kitts), 1141, 1148.
Cliff, Ralph, 1338.
Clifford, Sir Thomas, 723(10), 813, 917,
943.
, Mr., 610.
Clipsham, Michael, 1006.
Clowes, Robert, of Jamaica, 1115,
1150.
Coat, Robert, 1012.
Cobdayne, George, 837.
Cock, Captain, 280.
Codrington, Col. Christopher, 854
inirgin.
Cogan, Charles, 938.
Coke, Sir Edward, 31, 35-6, 52.
, Sir John, Secretary of State,
212, 223, 245, 301 2, 313, 323,
330, 360, 396.
Colbert, .Jean Baptiste, French Am-
bassador, 785, 787, 847, 873, 1051,
1066, 1093.
Colclough, Thomas, 866.
Cole, John, 480.
, Lawrence, 928.
, Peter, 540.
, Thomas, 983.
, Col. William, 1250.
Coleman, Captain, 952-3.
, William, 837.
Colepeper, Alex., 1219.
College of Physicians, 218.
900
INDEX.
Colleton, Sir John, 557, 604, 647,
723(10).
. Sir Peter, 795, 802, 860, 1139.
Collier, Captain Edward, 1202.
, ThoTnas, 750.
Collins, Charles, 744.
. Colonel John, 675(3).
Collowhill, Miles, 356.
Colton, Silvester, 275.
Combes, Thomas, 200.
Commissioners, of Appeals, 1056, 1321,
1341, 3146.
for the Affairs of America, 758, 825.
tor Prizes, 667, 739, 764, 954, 967,
1012, 1016.
for Sale of French Goods, 184.
for Trade, 173.
of the Admiralty. See Admiralty,
of the Treasury. See Treasury,
of the Navy. See Navy,
for Foreign Plantations. See Com-
mittee,
of the Customs. See Customs.
Committee, for Admiralty and Navy,
641, 645.
for Foreign Affairs, 797, 809, 818,
888.
for Grievances, 756, 770, 976.
for Foreign Plantations (Lords Com-
missioners),. 330, 339, 352, 354,
360, 366, 375, 384, 420, 472.
(Sub-Committee), 391, 394, 398,
409, 412, 413, 416, 418, 425, 427,
429, 431-2, 437, 440, 446, 472-3.
for Trade and Plantations, 484-5,
and passim thereafter : — names
given, 644, 576, 717, 876, 1021,
p. 703, p. 819.
Companion, 746, 750, 772.
Compeare, Leonard, 1086, 1154.
Compton, Sir William, Master of the
Ordnance, 585.
Comptroller, Mr., 34, 43, 122, 313, 330,
360, 735, 747, and see PoUtrd,
Sir Hugh.
Concord, 701, 1290.
Connecticut, 632, 942, 1222, 1224,
1244-5, 1291.
Consit, John, 1226, 1253.
Constable, John, 355.
, William, 356.
, the Lord, 863.
Constant Katherine, 750.
Continho, Isaac Pereira, 875.
Convers, John, 359.
Convertine, 748.
Conway, Sir Edward, afterwards Lord,
Secretary of State, 86, 93, 122,
147.
Cooke, Edmond, 970, 984, 996, 1024,
1048, 1055, 1164.
. Colonel Edward, 925.
, James, 998.
Corbin, Gawen, 723(6), 1170, 1197,
1200, 1221.
Cork, 950.
Cornwall, Vice Admirals of, 135, 140,
323 ; and see Bassett, Francis.
Comwallis, Lord, 513.
Cormantin, 1225.
Coronel, Isaac, 1348.
Corporation for propagating the Gospel
in America, 493.
Cortlandt, van, — , 819.
Costa, Antonio da, d'Oliveiro, 11.
Cotter, Captain James, 795-6.
, ,Iohn, 684.
Cottington, Francis, Baron, 11, 275,
302, 313, 330, 360.
Cotton (one), 418.
CouUe, Thomas, 213.
Council, for Plantations (1660-5 and
1670-2), 521-2, 539, 671, 574, 595,
720, 899, 911, 915-7, 938, 942,'
1023, 1050.
of Trade (1660-5 and 1668-72), 518,
657, 720, 809, 812, 826, 850, 852,
1020.
of Trade and Plantations (1672-74),
962, 976-8, 1018, 1021, 1061, 1070.
Courland, Duke of, 913, 920.
Courten (Curteene), Sir William, 382.
, William (his son), 382.
, Mr., 506.
Courtenay, Sir William, 716.
Courtin, Monsieur, 1093.
Cousseau, James, 800, 819, 842.
Cousens, Wm., 1202.
INDEX.
901
Couzens, Aaron, 560.
Covoll, Thomas, 411.
Coventry, Sir Henry, Secretary of State,
978, 997, 1017, 1021, 1026, 1028,
1030, 1033, 1036, 1051, 1054, 1057,
1064, 1066, 1069, 1093-i, 1127,
1134, 1137, 1142, 1148, 1152, 1157,
1162, 1177, 1180, 1196, 1198, 1201,
1206, 1217, 1231, 1234, 1246-7,
1252, 1257, 1260, 1270, 1273, 1275,
1281, 1284, 1287, 1301, 1305, 1317,
1330, 1335-6, p. 819.
, Sir Thomes, Solicitor General,
37, 39, 59.
, Sir William, 717, 735, 747, 813.
Cowes, 144, 168, 169, 344.
Cowse, Edward, 505.
Cox, Dr. Thomas, 514.
Crabs Island, 520.
Cradock, Francis, provost marshal of
Barbados, 557, 568, 624, 648, 660
683, 696.
, Matthew, Adventurer to New
England, 303, 327.
Crane, John, Victualler of the Navy,
464.
, a merchant, 964.
Cranfield, Edward, 448-9, 881, 1059,
1061, 1118.
Craven, William, Lord, 604, 147 margin,
928, 1021, 1028, 1148, 1159, 1167
1169, 1177, 1198, 1216, 1221, 1237,
1244-7, 1250.
Crawlej', Thomas, 661.
Crespo, Sebastian, 666, 839, 845.
Cresswell, Philip. 837.
Crew, Sir Bandall (Randolph), 13.
Crewkerne, John, 364.
Creyk, Henry, 723(17).
Crinsens, Abraham, 837, 1275.
Crisp, Joseph, agent for the Leeward
Islands, 1281.
, Nicholas, 662.
Ci-ocan Pill, 450.
Croft, William, 606.
Crooke, Robert, 661.
Cros.se, Capt. Epinetus, 497, 499.
Grown frigate, 1228.
Crown, John, 1243, 1245.
, William, 508, 734, 1245.
Cuba, 11,'52.
Cullen, John, 723(3).
, Zachary, 662.
Culpeper, John, of Carolina, 1327, 1337,
1340, 1349.
. Thomas, Lord, Governor of Isle
of Wight, and later of Virginia,
814, 1045, 1156, 1178-80, 1187,
1200, 1205, 1229, 1235, 1260-1,
1264, 1270, 1301, 1305, 1307, 1309,
1314, 1318, 1320, 1322.
, instructions to, 1250.
Cummings, John, 837.
Curasao, 901, 906, 918, 1012, 1056,
1058, 1246, 1321.
Custis, Major-General, 1250.
Customs, Commissioners of, 504, 537,
561, 569-70, 606, 950, 990, 1006,
1009, 1019, 1112, 1131, 1254, 1266,
1327.
Farmers of the, 16, 72-3, 76, 145,
148, 181, 239, 291, 312, 319, 321,
355, 363, 368, 415, 438, 592, 606,
608, 618, 627, 650, 689, 714, 722,
723(6), 727, 733, 757, 761, 780,
802, 817, 827-8, 842, 846, 848, 851,
903, 926-8.
Officers (surveyors) of the, 189, 266,
356, 428, 439, 442, 536, 650, 891,
1220.
Cuttings, John, 341.
Cutts, John, President of New Hamp-
shire, 1293.
Cugnac, Marquis de, 523.
Cuzao, de, execution of, 238.
D
Daimer, Arthur, 1238(5).
Danby, Henry Danvers, Earl of, 299,
305.
, Thomas Osborne, Earl of, 989,
992-3,995,998, 1000-1,1112, 1177.
Daniel, Capt. Thomas, 1293.
Daniel, 560, 675(3).
902
INDEX.
Danvers, Sir John, 58.
Darrell (Dorrell), Sir Marmaduke, 58.
Dartmouth, 74, 415, 646, 675(6).
trado to Newfoundland, 81, 46, 135,
140, 180, 323-4, 454, 460, 578,
612, 646, 716, 723(10), 757, 760,
915, 1040, 1128.
Dartmouth, man of war, 1096.
Dashwood, Francis, 935.
Davies, Thomas, 652, 677.
Davila, Francisco, 76.
Davis, Mr., a merchant, 252.
Davys, William, 964.
Dawber. Edmond, 430.
, Margaret, 299, 430.
Dawes, Sir Abraham, 202. 311, 350,
352-3, 391, 416, 418, 437, 441, 462.
Day, George, 1295.
. Michael, 661.
Deacon, Thomas, 429, 464.
Dean, John, 1089, 1091.
Deane, Gabriel, 690.
, Jeremiah, 661.
, Lawi'ence, 706.
. Matthew, 950.
Dedandilo, Philip, 723(21).
Defield, James, 1166.
Delavall, Thomas, 602, 669-70.
Delaware, 897, 904.
De La Warr, Thomas, Lord, 24.
Delond, Mr. John, 269.
Denne, Henrj', 97.
Denovaheel, Captain John, 906.
Deporte, French man of war, 964.
Deptford ketch, 1096, 1353.
X)erre, Francis, voyage to Canada of,
223, 224, 227.
Desequebe. See Essequibo.
Desha : earanoe (de Chateau-Renault ?),
Monsieur, 964.
Denire, 393, 452, 1130.
Destiny, 44, 52, 205.
Devonshire, 26, 31, 66, 323, 475, 579,
645. See also Bagg, Sir James,
and EUot, Sir John.
Diamond, 471, 492, 494, 499, 502, 558.
Diaz, Luiz, 875.
Dibusty, Sir Lawrence, 967.
Dickson, Andi'ew, 132.
Dieppe, 223, 739.
Digby, Sir John, Ist Earl of Bristol,
11, 34, 43, 69.
Diggs, Edward, 636.
Dike, Samuel, 1295.
Diligence, 723(2), 1127, 1130.
Dimineson, Jan, 964.
Discovery of London, 483.
Ditty, Edmund, 723(18).
Dockett, John. 514.
Dod, Peter, 476.
Dolman, Sir Thomas, 1177, 1275, 1284,
1293, 1303.
Dominica, 598(9), 1043, 1171.
Indians in, 854. 1037, 1039, 1064.
Donne, John, 4o5.
Donnell, Jeremy. See Bonnell, Jeremy.
Dorchester, Lord, 78, 242, 245.
Doridan, Jacques, 975.
Dorington, Francis, 579, 583.
Dorset, Richard, third Earl of, 58.
, Edward, fourth Earl of, 142, 223,
299, 302, 305, 313, 330, 360, 404, 420.
Dorsetshire, 31, 323, 387, 1321.
Dorset, 438, 474, 481.
DorviU, John, 743.
Dove, 322.
Dover, 669, 954.
, (New England), 1199, 1293.
Dover frigate, 975, 1283.
Dowle, Clement, 670, 673, 682, 715.
. Job, 712.
Downell, Anne, 1166.
, John, 1166.
Downing, Ellen, 643.
, Sir George, 560, 569.
, John, 1124, 1128.
, Wilham, 643, 690.
Downman, Captain Robert, 579, 582-3,
658.
D'Oyley, Dr. Charles, 514.
, Colonel Edward, Governor of
Jamaica, 491, 600, 1274.
Dragon, 1238(3).
Drax, Henry, 1171.
, Sir James, 511.
Drera, Antonio, a Venetian, 756.
INDEX.
903
Drummond, Sarah, 1167, 1173.
, WilUam, 1167, 1173.
Dublin, 7, 578, 855, 1038(1), 1287.
Duck, Capt. Edward, 1202.
Dudley, Elizabeth, 1192, 1251.
. James, 1192.
, Thomas, 1192.
. WilHam (senior), 1192, 1251.
. WiUiam (jimior), 1192.
Dvike, George. Secretary to Council of
Trade, 720.
Duman, Orpheus. 444.
Dumaresq, Benjamin, 957, 963.
Duncombe, Charles, 1311.
, Sir John, 717.
Dunkirk, 346, 495, 501, 817.
Dunsh, Walter, alias Bunch, 1306.
Dunstar, Giles, 1032, 1161, 1220.
Dutch Island, 1222.
Dyer, Philip, 472.
E.
Eaglet ketch, 821.
Eales, Hugh, 755.
Earle, Thomas, 997, 1111, 1238(1).
, Sir Walter, 159.
East India Company, 12, 488.
East India Merchant, 723(11).
East Looe, 323, 879, 915, 1020.
Easthfmpton (Long Island), 942.
Eastland Company, 488.
Easton, Peter, a pirate, 1, 2.
Ebbington, Charles, 1321.
Eecles, Hugh, 1041.
Edmondes, Sir Clement, Clerk of the
Council, 55, 58.
. Sir Thomas, 31.
Edward and William, 1330.
Edwards, John, 958.
, Peter, 9.59(1).
, Thomas, 1026.
Elbridge, Giles, of Bristol, 426.
Eldrinton, Roger, 1171.
Elephant, 1019.
Eliot, Sir John, Vice Admiral of Devon,
133, 138.
Elizabeth, 296, 329, 341, 412, 417,
723(15), 1182, 1188, 1238(2).
Elizabeth and Dorcas, 328, 342.
Elizabeth and Mary, 723(20).
Elizabeth Bonaventure, 328, 342.
Bile, Richard, Virginia planter, 390,
421.
Elliott, Thomas, 530, 557.
EUis, Thomas, 690.
Elvez, Christian, 658.
Endeavour of London, 195.
Endracht, 780.
English, Captain Charles Robert, 739.
. Phihp, 1068, 1084.
Erasmus, Capt., 1202.
Ernie, Sir John, 1196, 1198, 1201,
1216, 1284, 1293, 1317, p. 819.
Escott, Thomas, 597.
Essequibo, River, 34.
Essex, tobacco in, 71, 172, 710, 714,
781.
Essex, Arthiu-, Earl of, 1021, 1169,
1177, 1244-5, 1250, p. 819.
d'Estri^es, Monsieur, 1237.
Estridge, John, 1171.
Evans, Clement, 275.
, Lawrence, 374, 397, 432.
, Thomas, 105.^.
Eveleigh, Gilbert, 716.
Evelyn, John, 203.
Everard, Colonel Clement, Governor
of St. Christopher, 520, 535,
686.
Evertsen, John, 986.
Evesham, 623, 673.
Ewins, John, 760.
, William, 314.
Exclmnge of London, 701.
Exeter, 74, 723(9 and 20), 891, 915,
965.
(New England), 1199, 1293.
Exmouth, 66.
Expedition of Barbados. 1238(5).
Exton, Dr., afterwards Sir Thomas,
Judge of the Admiralty, 575,
577-8, 580, 582-3, 797, 1164,
1287.
Eyres, Thomas See Ayres.
904
INDEX.
F.
Fairfax, Daniel (Parvacks), 808, 892.
, John (Farvacks), 892, 924, 929.
. Major Thomas. 552, 1094.
Fairman, Robert, 661.
, WiUiam, 661.
Faithful Subject alias Tiger, 1121.
Falcon of Bristol, 356.
Falkland, Viscount, 302.
Falmouth, 915, 1009.
Fauconberg, Viscount, 1021, 1148,
1177, 1198, 1201, 1284, 1317,
p. 819.
Farewell, George, 607.
Farley, Humphrey, 314.
. Thomas, 314.
Farmer, Samviel (of Barbados), 665,
671, 694, 1166.
Farrington, John, 363, 402, 837.
Feast (Feste), Henry, 640, 661.
Felgate, Captain Robert, 211.
. Tobias, 157.
Fellowship of Bristol, 451.
Fen, Robert, 723(16).
Ferrar, John, 102.
, Nicholas, Deputy of Virginia
Company, 102, US, 121, 12.1, 192,
275.
Field, Thomas, 1244.
Filer, John, 1092.
Fillingham, Mr., 995.
Finch, Sir Heneago, Solicitor General
afterwards Lord Chancellor, 877,
1167, 1177, 1201, 1284, p. 819.
, Sir Henry, 12.
, Henry, 263.
, Sir John. 263.
Fisher, Edward, 275.
Fit, Robert, 275.
Fitz, Thomas, merchant, 248-9, 251,
254-5.
Fitzgerald, Captain Philip {alias
Hellen), 970, 972, 984, 1007,
1035.
, Richard, 851.
Fitzharding, Viscount, 747 margin.
Flemming, Edward, 885.
Flinton, Farrer, 275
Flintshire, tobacco in, 781
Flower, Edward, 597.
Fludd, John, 421.
Flushing, 355, 810.
Flying Hart of St. Malo, 873.
Flying Horse, 1056, 1058.
Foley, Thomas, 514.
Ford, Sir Richard, 992,
Forster, Richard, 1327.
Fort Albany alias Hopewell, 800.
Forth, Robert, 870.
Fortune, 346, 444, 739, 851, 855, 868.
Foster, Edmund, 653.
. Martin, 7.
Fotherby, Henry, 123 (margin).
Fowell, John, of Plymouth, 460, 716.
Fowey, 323, 612, 879, 915, 1020.
Pownes, Thomas, 623.
Fox, Captain Luke, 253.
. Matthew, 984.
Foxcroft, George, 452.
, Isaac, 1038(2).
France, 2, 238, 283, 488, 932.
Ambassador from, 1, 5, 6, 231, 260,
529, 799, 816, 818, 887, 898, 914,
93.1, 964, 1026, 1051, 1281, 1330.
See also Colbert, Courtin, Ruvigny.
British Ambassador at Court of,
283, 914, 1066, 1146, 1330. See
also Berkeley, Lord ; Lockhart,
Sir W. ; Montagu, R.
in West Indies, 748, 750, 755, 768,
791, 898, 1053.
West India Company of, 739, 764,
770, 847, 886, and see Baas;
Ogeron.
Francis, 329, 341, 1173, 1308.
Francisco, Spanish man-of-war, 938.
Frank, Daniel, 82.
Frederick, Sir John, 757, 1256.
Freeman, Alderman, 136.
, William, 1237, 1259. 1352.
Prere, Tobias, 588.
Friendship of London, 226, 230, 402,
476, 481.
Frowde, Sir Philip, 522, 571, 574, 720.
Pudge, William, 651.
INDEX.
905
G.
Gainsford, William, 638, 651.
Galicia, 1000.
Gallard, Joshua, 298.
Gallop, Captain George, 1012, 1036,
1075, 1090, 1321, 1324, l.'i28'
1341.
, John, 1321.
Galway, 706, 723(1), 744.
Gande (Gaude), Robert, 273.
Garde Belin, Sieur de la, 523.
Gardiner, Sir Christopher, 302.
, Henry, 418.
, Capt. Thomas, 1183, 1186, 1197,
1200, 1207, 1253, 1268, 1286
Garnet, John, 1000.
, Thomas, 1000.
Garret, Thomas, 837.
Gates, Anthony, 377.
, Captain, 661.
, John, 217.
, Elizabeth, 299, 377, 430.
, Margaret (widow of Anthony),
299, 377, 430.
, Margaret, daughter of Sir
Thomas, 377. See also Dawber,
Margaret.
, Captain Thomas, 377.
, Sir Thomas (" Sir John,"
wrongly), 299, 305, 37 7, 430.
Gauden, Dennis, 464.
Gauntlet, John, 1129.
General, Lord, of the Army, 673. And
see Northumberland, Earl of.
Geneva, 1342.
Genniuffs, Joseph, 837.
Qaorge, 138, 209, 374, 402, 439, 1238(1).
George and Rebecca of London, 474.
George and Samuel, 970.
Germany, 537.
Gerrard, Sir Francis, 1004.
, Sir Gilbert, 1004, 1333.
Ghent, 223-4.
Gibbs, Thomas, 136.
Gift of God, 186, 474.
Gillam (GuiUiam), Captain Benjamin,
723(19).
, — , from Carolina, 1337.
Gillibrand, Thomas, 514.
Oilman, John, 1293.
Gilson, John, 782.
Giraudeau, Peter, 1105.
Globe, 130, 401.
Gloucester, 469.
county in Virginia, 1191.
(shire), tobacco in, 172, 183, 188,
278, 337, 347, 361, .392, 4.33, 563,
602, 616, 623, 670, 673, 682, 710,
712-3, 781, 925, 946, 966, 1003,'
1032, 1085, 1161, 1220.
Glover, Roger, 238.
Goad, Mr., 376.
Gofton, Sir Francis, 122.
Godolphin, Sir William, 970, 1127,
1134, 1152, 1162, 1164.
Golden Hawk of Nykoping, 757.
Golden Lion, 1093, 1138.
Golden Peacock, 933.
Golden Sun, 1242, 1246, 1347.
Golden Tree, 523.
Golden Wolf, 405-8.
Gondomar, Count of, 47-8, 83, 85.
Gonning, John, 443.
Gooch, Dr. Barnaby, 132.
Good Hope of London, 723(21).
Goodman, George, 737.
Goodrich, Sir Henry, 1342.
Goodyere, Stephen, 455.
Gookin, Thomas, 765, 774, 782, 893,
896.
Goring, Lord, 437, 472.
Gorges, Sir Ferdinando, 132, 173, 888,
1159.
. , debts to his fellow adven-
turers, 391, 416, 418, 422, 441,
462.
, Ferdinando, his grandson, 624,
656, 712, 865, 978, 1028, 1076.
, , claim to Maine, 888,
1014, 1050, 1109, 1116, 1119,
1155, 1159,, 1284.
, Richard, 917.
GosUne, Wolston, 281.
Gothenbiu-g, 644.
Gould, John, a London merchant, 879,
911, 1256.
58
906
INDEX.
Gould, Thomas, 1219, 1221.
Grandison, Oliver St. John, first
Viscount, 86, 93, 107.
Grantham, Captain Thomas, 1253,
1279.
Graves, Thomas, 342.
Gravesend, 428, 438-9, 442, 444, 471,
486, 609, 797, 1238(3).
Gravier, Monsieur, 708.
Gray, Thomas, 682.
Oreal Charity, 512, 517.
Cheat Caesar (Saiser), 130.
Greatbach, Lieut. Daniel, 1076, 1148.
Green, Captain John, 980.
, John, 1224, 1233-4, 1244, 1291.
Greene, Elizabeth, 688, 877.
, George, 688, 877.
, James, 688, 877.
, Lawrence, 480.
. Nicholas, 581.
, Bobert, 688, 877.
, WiUiam, 606.
Green Spring (Va.), 1198.
Greenland, 5, 6.
Company, 488.
Greenway, William, 959(3).
Grendon, Thomas, 262, 1187.
Grey, Thomas, 917.
, William, 643.
Griffith, George, 418.
Grillo, Don Domingo, 672, 1054.
Grindon, Mr., 275.
Groningen, 658.
Grouville parish, Jersey, 1084.
Groseillers, Medart Chouart de, 1057.
Groyne (Coruna), 743, 964, 994.
Grymes, Gilbert, 444.
Guadeloupe, 523, 739, 755, 898, 908,
1171.
Guernsey, 747, 791, 928, 1069, 1104,
1106, p. 820.
Governor of. See Hatton, Lord.
Guernsey man of war, 1283.
Guerard, Jacob, 1273, *1313.
Guiana, 390, 485, 837.
Raleigh's voyage to, 29, 38, 44, 75.
attempted plantation in, 3, 34-9,
47, 54^8, 68-9, 72-3, 76, 232, 277.
Guinea, trade to, 560, 608, 674, 852,
864,1011-2,1056,1112,1131, 1321.
See also Africa.
Gulferton (Gutherton), in Gloucester-
shire, 337, 347.
Guy, John, of Bristol, 43.
Guyor, Robert, protection for, 155.
Gyde, Robert, 665.
H.
Hackwell, Thomas, 130.
Hadarine pink, 821, 824.
Haddocke, Captain, 1259.
, Sir Richard, 1259.
Hadgamore (Hadg Omar), 1278, 1289.
Hague, the, 1059, 1111.
Hale, John, 716.
Halifax, George, Marquis of, 1021,
1284, p. 819.
Hall, Mary, 570.
Hamburg, 739, 1006.
Hamilton, James, Marquis of, 460.
Hamlin, William, 1037.
Hampton (N.H.), 1199, 1293.
Hampshire, 323, 387.
Hancock, Joseph, 919.
Hannah of London, 1130.
Hanson, Francis, 1347.
Harding, John, 1238(5).
Harcourt, Captain Robert, 3, 34, 35,
36, 39.
Harley, Captain John, 921, 948.
Harloe, John, 1038(2).
Harlow, Sir John, 817.
Harman of Tramlade, 975.
Harman, Sir John, 718, 721, 724, 728,
740, 742.
Harmar, Ambrose, 395.
Harris, John, 780.
, William, a cheesemonger, 464.
, William, of Virginia, 275, 429,
, William, of New England, 1025.
1222, 1224, 1244, 1291.
Harrison, George, transported, 14.
, J., 662.
. Robert, 1295.
. Thomas, 429.
INDEX.
907
Harrud, John, 1025, 1244.
Harsenet, Sergeant, 715.
Hart, Captain, 180.
, Jane, 436.
, John, 436.
, Robert, 661.
Hartwell, Henry, 275.
Harvey, Sir John, Governor of Virginia,
113-4, 144, 207, 210, 212, 215,
219, 226, 230, 261, 264, 274, 314,
316, 318, 367, 390, 394-400, 410-1,
435, 440, 446, 457.
, , secured from arrest, 143.
, , his instructions, 211.
, Mary, 275.
, Sii William, 58.
Harwood, John, 1238(4).
, Thomas, 348, 349.
, WiUiam, 349.
Hasell, — , 18.
Hastings, Edward, 18.
Hatton, Christopher, Lord, 544, 572,
928, 1068.
Hauriman, Thomas, 586.
Hauskins, Robert, 723(14).
Havana, 961, 970, 973, 996, 1007,
1033, 1055, 1134, 1152, 1157,
1164.
Havre de Grace, 187, 238, 240, 739.
Hawkins, Thomas, carpenter, 389.
, Thomas, merchant, 453.
Hawley, Capt. Henry, 449, 477.
Hay, Archibald, 423, 448.
. Sir James, 423, 448.
Hayes, James, 514, 949.
Hayne, John, 757.
Hayter, Thomas, 1306.
Hearne, Jeremiah, 640, 661.
Heath, Sir Robert, 403(10), 437, 594.
, Thomas, 766.
Hellen, PhiUp. See Fitzgerald, Philip.
Henley, George, 405, 406, 407, 408, 941.
, Robert, 997, HH, 1238.
Henrietta Island, 375.
Henshaw, Thomas, 652, 737.
Herbert, William, 52, 75.
, Charles, 1150.
_, Vice Admiral, 1289.
Herbert, of Raglan, Lord, 616, 673.
Hercules, 328, 342, 844, 861.
Herefordshire, tobacco destroyed in,
602, 623, 682, 710, 715, 781, 946,
1003, 1161.
Heme, Sir Nathaniel, 1256.
Hertford, 14, 640, 661, 680.
Heydon, Sir John, 1004, 1013, 1031.
Heyraan, Sir Peter, 97.
Hicks, Robert, 622.
Hill, Col. Edward, 1250.
, George, 686.
, John, sailor. 213.
, John, merchant, 700, 862, 949.
, Mrs. of Virginia, 275.
, Rebecca, 921, 948.
, Rowland, 700, 862.
, Thomas of Virginia, 394, 427.
, Thomas, transported, 607.
Hillcotts (plantation in Barbados), 805.
Hillyard, Clemence, 499.
Hilton, Anthony, 238.
Hinton, William, 1020, 1023.
Hispaniola, 634, 868, 873, 1142, 2175.
Hobson, Paul, 654.
Hog Island, 1223.
Holdopp, Averina, 656.
, Richard, 656.
Holden, Randall, 1224, 1233-4, 1236,
1244, 1291.
Holland. 579, 582, 658, 851, 905, 918,
1038(2).
Ambassador to, 1111, 1353; and
see Dorchester, Lord; Downing,
Sir G.; Temple, Sir W.
Ambassador from, 405, 491, 575,
742, 767, 769, 773, 776, 815, 901,
905^918, 1058-9, 1211, 1225, 1302,
1353 ; see also Leuwen, de.
trade with (licit), 202, 312, 644, 780.
trade with (illicit), 270, 332, 334,
346 537, 569, 577, 601, 823, 1011.
ships 'captured by, 659, 681, 690,
722, 736, 952-4, 964, 969, 975, 986,
994, 997.
in West Indies, 194, 405, 748, 750,
755, 791, 897, 901, 1237, 1242,
1259, 1316, 1321.
908
INDEX.
Holland — cont.
in Surinam, 749, 776, 797, 810, 814,
864, 1093, 1353.
in New York, 78, 344, 601, 730-1,
758, 800, 809, 812, 819, 842, 942.
on the Delaware, 897.
in Newfoundland, 445.
in Nova Scotia, 1271.
Holland, Elizabeth, 217.
. Henry Rich, Earl of, 375, 460.
Holies, Denzil (afterwards Lord), 484,
491, 513, 522, 529, 572, 693, 747,
815, 847, 1021, pp. 819-20.
HoJman, John, 844, 861, 876.
Holt, Randal, 275.
Honour, 401, 428, 429, 474, 479.
Hoop, 755.
Hope, 848, 855, 868, 886, 898, 957.
Hope Island, 1222.
Hopeful Adventure frigate, 667.
Hopewell, 374, 465, 466, 744, 765, 782,
800, 893, 896, 950, 1130.
Hopliins, Andrew, 675(2).
Hopton, Sir Arthiu', 417 (note).
, Ralph, Lord, 611.
Horst, John, 658.
Horton, David, 957.
Hoskins, John, 657.
Hossen, John, 1237.
Hotchkins, Mr., 275.
Hoiiel, Chevalier de, 523.
How, Mary, 963.
, William, 965, 979, 984
Howe, Mr. (William ?), 511.
Howard, William, 1187.
Howser, Henry, 899.
, Wolfgang, 899.
Huddlestone, Capt. John, 167.
Hudson, Francis, 1202.
, Henry, 1349.
, Robert, 295.
, Thomas, 606.
Hudson River, 344.
Hudson's Bay, 821, 824, 883, 1057,
1238(9).
Hughes, John, 1171.
, Lewis, minister in Bermudas,
134, 136, 217.
Hull, 675(6), 722, 727, 986.
Humility, 961, 972, 984, 1007, 1217.
Huncks, Sergt.-maj., Governor of Bar-
bados, 449, 477.
Hungerford, Sir Edward, 821.
Hunger Road, 727.
Hunt, William, 1108, 1198.
Huntingdon, Henry, fifth Earl of, 18,
38.
Hurst, William, 757.
Hussey, Capt. Christopher, 1293.
Hutchinson, Richard, 514.
Hyde, Captain, 370.
, Gilbert, 361.
, Sir Laurence, 1353, p. 820.
Iceland, fisheries, 934.
Idle, Capt. Wm., 986, 999, 1008, 1015,
1022, 1027, 1049, 1067.
Ilfracombe, 269, 271.
Indians, Appomattox, 1169.
in Dominica, 1037, 1039, 1064.
in Guiana, 837.
in Maryland, 1196.
in NewEngland,286, 289, 567, 1212
1214, 1234, 1244-5, 1255.
in Newfoundland, 1023.
in Surinam, 1275.
in Virginia, 87, 154, 162(15), 174,
211 (15, 16), 1074, 1169, 1196,
12.10.
Inion, John, 964.
Insurance, 368-
Ipswich, 326, 329, 341.
Ireland, 2, 181, 206, 356, 537, 690,
722, 744, 765, 848, 851, 891, 898,
1000, 1177, 1257, 1274.
Lord Deputy of, 1, 7, 54.
Lords Justices of, 523, 1047.
Lord Lieutenant of, 1047, 1338,
Irish in West Indies, 790, 854.
provisions for West Indies from , 1275
tobacco in, 68-9, 503, 1077, 1083.
trade with plantations, 649, 705,
1104, 1287; and see also Dublin,
Kinsale.
INDEX.
909
Ireland, John, 82.
Isle of Wight, 814-5, 957, 1020, 1238(7).
Isle of Wight County (Va.), 1205.
Isles, Captain William, 700, 857, 862,
881, 900.
Italy, 488, 735.
Jacob, Abraham, 41.
, John, 202. 311.
Jacobs, Burgh, 1093.
Jamaica, 499, 512, 518, 526, 558, 586,
634, 666-7, 675(6), 676, 739, 839,
845-6, 855, 898, 919, 938, 944, 965,
970, 973, 979, 984, 994, 996, 1012,
1026, 1036, 1056, 1115, 1134, 1142,
1148, 1150, 1152, 1157, 1232,
1238(3), 1242, 1246-7, 1250, 1281,
1308, 1321, 1325, 1336, 1345, 1347.
Committee for, 491,, 500, 522, 538-9,
552, 556, 625, 630, 634-5, 079.
Constitutional struggle with, 1177,
1201-2, 1257, 1274-5.
church in, 522, 899, 1177, 1263.
criminals, etc., transported to, 517,
638, 651, 1217, 1225, 1227.
establishment for, 559, 593, 798,
1235, 1238.
inqviiry into state of, 489, 516.
immigration : from Leeward Islands,
1275 ; from Newfoundland, 917 ;
from Surinam, 1059, 1118, 1275.
laws of, 1202, 1209.
pirates in, 1089, 1091, 1181, 1252.
refusal to restore to Spain, 501.
revenue of, 522, 1086, 1154, 1163,
1176, 1193.
spice-growing in, 804.
slave-trade at, 672.
ships to defend, 751, 762.
stores for, 492, 494-7, 502, 511, 566,
559, 613-4, 655, 1010, 1174, 1208.
troops in, 522, 526, 547.
Governors of. -See Carlisle, Earl of ;
D'Oyley, Edward ; Littleton, Sir
C. ; Modyford, Sir Th. ; Lynch,
Sir Th.; Vaughan, Lord; Windsor,
Lord.
Jane, 275-6.
Janes, a poor woman, 275.
Janson, Dr. Henry, 590, 591.
Janssen, Alberto, 1342.
Janvrin, Daniel, 1182, 1188.
Jarvis, Thomas, 979.
Jauncy, James, 1004.
Jeaffreson, John, 113, 150.
Jamaica Merchant, 638, 651.
James, 157, 162(9), 445, 755, 848, 1041.
James River (Va.), 429, 1103, 1186,
1301.
Jamestown (Va.), 162(11), 252, 398,
457, 928, 1170, 1186, 1252, 1314
Jeffreys, Colonel Herbert, Lieut. Gov. of
Virginia, 1095, 1167-9, 1187, 1196,
1198, 1231, 1250, 1270, 1312,
1326, 1332, 1335.
, Jolin, his son, 1270.
, Alderman Jolin, 636, 866, 1170,
1219, 1326, 1332.
, Mrs., widow of Col. Herbert,
1270, 1326.
Jenkins, Dr., (later Sir), Leoline,
Judge of the Admiralty, 690, 816,
863, 873, 1060, 1328, 1338, 1341 ;
p. 820.
Jennings, John, 558.
, Thomas, 363, 402.
Jeroenson, Jeroen, 1038(2), 1058.
Jersey, 747, 790, p. 820.
trade with plantations, 926-7, 932,
936, 957, 963, 1068, 1072, 1084,
1102, 1182, 1188.
Jersey frigate, 863.
Jervis, Humphrej', 1287.
Jews, at Amsterdam, 823.
in Barbados, 869, 875.
in Surinam, 1059, 1061, 1118.
petition to settle in plantations, 1348.
John, 445, 662, 578, 580, 723(14).
John and Barbara, 402.
John and Mary, 706.
John and Sarah, 651.
John and Thomas, 651, 750.
Johnson, Alderman, 86, 122.
, Edward, 275.
, Elizabeth, 275.
, John, 780.
910
INDEX.
Johnson, Nathaniel, 832.
JoUifte, Mr., 802.
Jonas, 739.
Jones, Clement, 27.5.
, Elizabeth, 801, 830.
, John, 959(2).
, Margaret, 275.
, Roger, 814.
. Sir William, 108, 110.
, Sir W. (Attorney General), 1181.
Jordaines, the, 938.
Joseph, Captain Benjamin, 5.
Joseph of Bristol, 997, 1302.
Joyner, William, 988.
Julian, Philip, 1127.
Jurin, John, junior, 743.
Juryan, John, 514.
K.
Katherine. See Catherine.
Keck, George, 723(5).
Keeper, Lord, 300, 313, 330, 354, 360,
475, 863. 985, 991, 1021.
Keinston, Dorothy, 275.
Kempe, Richard, Secretary of Virginia,
395, 446, 472.
Kempthome, Captain, 885.
, Capt. William, 160.
Kendall, Thomas, 506, 511, 590-1, 610.
Kent, 12.
tobacco -growing in, 71.
Kent, John, 1335.
, Richard, 1311.
Kent, 1036.
Keyes, Captain Henry, 268.
Keynton, Thomas, 411.
Kighley, Thomas, 117.
Killegrew, Sir Robert, 122.
King, William, 188, 331, 337, 347, 433.
King Road (Bristol), 722, 727.
King Charles, 819.
King David, 592, 597, 675(5), 885,
894, 1006, 1009.
Kingdon, Lemuel, 1300.
Kinge (in Gloucestershire), 337.
King's Land in St. Christopher, 1000.
King's Province (New England), 1233,
1234.
Kingsland, Nathaniel, 783, 843, 856.
Kingston-on-Thames, 527.
Kingswell. Edward, 339, 350, 352-4.
KinnoiiU, William, Earl of, 498, 506,
543, 599, 652, 677, 882.
Kinsale, 1, 356, 523, 722, 765, 945, 950,
1287.
Kirby, Charles, 1342.
Kirke, Sir David, 231, 233, 239, 279,
283, 298, 300-1, 308, 460-1, 475.
, George, Master of the Robes,
298, 301, 675(2).
, Gervase, attack on Canada, 223,
224.
, James 298.
, John, 298, 550.
, Sir Lewis, 298, 301, 530, 550.
, Thomas, 298.
Knight (Knights), John, 560, 723(14),
806.
, Thomas, 560, 865.
Knowles, Sands, 1191.
Kynaston, Sir Francis, 58.
L.
Laconia, adventurers to, 391.
La Francoise, 238, 240.
Larabe, William, transported, 25.
Lamport, John, 682.
Land's End, 659.
Lane, John, 454, 456.
, Thomas, 1219.
Lang, John, 919.
Langdon, Elianor, 541.
. John, 541.
, Robert, 541.
Langford, Captain Abraham, 634.
Langston, Captain Anthony, 723(15).
Langworth, Peter, 1263.
Lano, Martin de, 954.
Lanzarote (Lancerota), 18.
Larimore, Capt. Thomas, 1183.
Larkin, William, 661.
La Rochelle, 5, 225, 377, 675(5), 739,
885, 933, 975, 1000.
Lassells, James, 1202.
Latham, William, 599(4).
INDEX.
911
Latimer, Viscount, See Danby.
Latman (Satman), Robert, 130.
La Tour, Charles Saint Etierme de,
508.
Lauderdale, John, Duke of, 536, 555,
747, 913, 1021, 1317, p. 819.
Laurens, John du, 939.
Lawndey, Lewis, 661.
Leaker, de, Mr., 579.
Leat, John, 1295.
Leate, Nicholas, 48.
Leeward Islands. See Caribbee Islands.
Leaver, William, 669.
Lee, Major Richard, 1250.
Legay, Isaac, 743.
Legge, Colonel WiUiam, 599, 789.
Leicester, Robert, Earl of, 484, 572.
Leigh, Francis, 1250.
Leith (Liath), 668, 748, 768, 848, 967.
Le Moine, Bernard, 1093.
Lemon, 214.
Lempriere, Thomas, 963.
Lanhather (Lanuthern), Daniel, 1171.
Leimox, Ludovick Stuart, Second
Duke of, 37, 65.
Lenthall, Sir John, 633.
Leonard and John, 1079.
L'Esprit du Bois of Olonne, 1105.
Lettene, John, 723.
Leuwen, Herr van Leyden de, Dutch
Ambassador, 1310, 1316.
Leveret, John, Governor of Massa-
chusetts Bay, 1013, 1216, 1244.
Lewis, Morgan, 880.
Lidget, Peter, 1026.
Liefde, 1038(2).
Limbrey, John, 651.
Limerick, 675(5).
Lincoln, 172, 176.
tobacco destroyed in, 1085, 1161.
Lindsay, John, iirst Earl of, 610.
Lisbon, 606, 933.
Lisle, George, 178.
Lisola, Baron de, Imperial Ambassa-
dor, 756.
Litcot, Giles, 667, 676.
Little Dogger, 1092.
LiUle Hay, 204, 214.
Liu!e John, 959(1).
Littlebury, Captain, 888.
Littleton, Sir Charles, 593, 601, 630,
635, 970.
, Thomas, 238.
Liverpool, 675(6), 1127.
Lloyd, Humphrey, 394.
, Sir Philip, 951, 1081, 1134 ,1237.
, Sir Richard, 1075, 1114, 1120,
1144, 1162, 1164, 1287.
, — , 998.
, William, 750.
Locke, John, 962.
Lockhart, Sir Wm., afterwards Lord,
1051, 1093.
Lockwood, David, 1238(3).
Locust Hall (plantation in Barbados),
698.
London, 16, 58, 91, 139, 176, 181, 184.
238, 267, 292, 295, 298, 303, 314,
325, 339, 361, 369, 371, 379, 393,
396, 435, 512, 517, 525, 535, 570,
606, 633, 659, 669, 685, 706-7,
726, 732, 738, 743, 842, 870, 879,
929, 941, 992, 1017, 1077, 1141,
1179, 1182, 1188, J202, 1256, 1313.
ships of, 195, 200, 230, 256-7, 259,
280-1, 309-12, 401, 428, 444-5,
447, 466, 474, 476, 479-481, 560,
640, 651, 661-2, 675, 678, 681,
700-1, 723, 756, 817, 846, 905,
933, 949, 961, 1006-7, 1130, 1168,
1238, 1342.
Lord Mayor of, 243-4, 246-7, 254,
488, 527.
Bishop of, 302, 404, 522, 899, 1145,
1159, 1165, 1177, 1245, pp. 634,
819.
tobacco growing in, 40, 71.
imports of tobacco restricted to, 198,
269-71, 332, 351, 355-6, 415.
children transported from, 42.
Long, Richard, 443.
Long Island, 723(17), 942.
Lother, Richard, 175.
Louzada, David Baruch, 875.
Love, Matthew, 1152.
Alderman WiUiam, 514.
912
INDEX.
Love, 184, 272, 275, 428, 447.
Loveday, Thomas, 862.
Lovelace, Francis, Governor of New
York, 828.
, Sir William, 12.
Lovett, Sir Francis, 58.
Lovewell, William, 213.
Loving, Thomas, 411.
Low, William, 837.
Lucas, Nicholas, 640, 661.
Lucy, Jacob, 817, 846, 933.
Ludwell, Col. Philip, 1250.
, Thomas, Treasurer of Virginia,
1029, 1149.
Lundy, 722.
Lunsford, Sir Herbert, Deputy Gover-
nor of Jei'sey, 1084.
Lnntley, John, 1063.
Lygonee (Leigony), 1202.
Lymo, 135, 140, 323, .351, 612, 675(6),
879, 915.
Lynch, Captain Christophei, 906.
, — , 1056.
, Capt. Thomas, 497, 499.
, Sir Thomas, 944, 1056, 1142,
1154, 1164, 1274.
Lyot, Allin, 182.
M.
MacCartney, George. 755, 1041.
Machinn, Richard, 275.
Madeira, 949, 1023, 1054, 1073.
Madrid, 505, 1024.
Treaty of, 1152, 1336.
Maine, 391, 1293.
Mr. Gorges' claim to, 888, 1014,
1050, 1159, 1199, 1284.
Major, — , 410.
Majorca, 1036.
Malaga, 451, 466, 662-3, 756, 885,
958.
Mallett, Captain Thomas, 796.
Maltravers, Thomas, Lord, 403(10).
Man, Captain Eustace, 279, 285, 287,
293, 294, 296, 297.
Mann, Edward, 958.
Mann, John, surveyor of Customs, 586,
946, 1003.
Manchester, Edward, Earl of. Lord
Chamberlain, 488, 491, 572.
Manhattan. See New York.
Mami8 of London, 447.
Margaret, 351, 748, 768.
Maria, 1107, 1114, 1120, 1122, 1144,
1172.
Marie-Galante, 523.
Marin, John Gomez, 81, 83, 84.
, Dona Lucia, 81.
Mark of London, 1006.
Marlborough, James Ley, first Earl
of, 599.
, , third Earl of, 599,
652, 677.
Marlott, William, 1, 2, 7.
Mars, H.M.S., 699.
Marriott, Mr., 594.
Marsh, Gabriel, Marshall of the Ad-
miralty, 250, 328-9.
, George, 881.
Marshall, Earl, 302, 313, 323, 330, 360,
863.
, Henry, 640, 661.
Martin, Sir Henry, 196, 228, 231, 233-6,
239, 257, 259-60, 285, 287-8, 290,
294, 296, 346, 373, 375, 394, 405,
407-8, 427.
, Captain Jolin, 120.
, John, 723(1).
, Michael, 1131.
, Monsieur, 975.
, Owen, 546, 549.
, Richard, 1293.
. Thomas, of London and Jamaica,
675(4), 855, 868, 887, 898, 908,
912, 914, 1017, 1086, 1154, 1163,
1193, 1210, 1308.
— — , William, a messenger, 454.
Martines, Jacob van, 1348.
Martinique, 898, 908.
Martin's Hundred, 211.
Martyn, Nicholas, 657.
Mary, 1226.
Mary and Agnes, 606.
Mary and Jane, 846.
INDEX.
913
Mary and John, 328, 342.
Mary Rose, 443, 1283.
Maryland, 322, 403(10), 729, 897, 904.
trade to, 532, 542, 544, 609, 642,
722, 765, 774, 782, 893, 896, 1098,
1103.
tobacco-growing in, 473, 566, 627,
636, 639, 733.
Indians of, 1196.
" spiriting " to, 1306.
Governor of. See Calvert, Philip ;
Baltimore, Lord.
Maskalyn, William, 505.
Mason, Dr., 530.
, Captain John, 418.
, Kobert, 1014, 1050, 1109, 1116,
1119, 1155, 1199, 1284, 1293.
Massachusetts Bay, 258, 1241.
doubtful loyalty of, 1158, 1160,
1216, 1227.
complaints of Andros against, 1212,
1214.
disputes with Bhode Island, 1224,
1233-4, 1236, 1244-5, 1291.
claims of in Maine and New Hamp-
shire, 1014, 1050, 1109, 1116,
1119,1155,1159, 1199, 1244, 1284,
1293.
See also Boston ; New England.
Master of the Bolls, 52, 86, 93, 97, 136.
Master of the Wards, 43.
Mathew, Thomas, 955.
, — , 316.
Matthew and Francis of London, 823.
Matthews, Prudence, 217.
, Captain Samuel, 113, 367, 409-
10, 427, 434-5.
Maxwell, Robert, 247, 249.
May, Isle of, 1238.
May, Laurence, 213.
, Captain Thomas, 640, 678, 680,
684.
Mayflower, 340, 480.
Maynard, Sir John, 941.
Meade, Philip, 295.
Meares, Barnabas, 514.
Meautys, Sir Thomas, 341-2, 416, 418,
427, 437.
Meese, Henry, 1006, 1009, 1219, 1250.
Melcombe Regis, 323, 612, 879, 915.
Mendez, Daniel, 1348.
Menick, Susanna, 607.
Mermes, Sir John, 270, 272.
Mercado, Moses his Kinuh de, 1348.
Merchant Adventurer of London, 453.
Merchant Adventurers, 488.
Merchant's Adventure, 898.
Merchants' Consent, 1055.
Merchants' Delight of London, 1130.
Merifield, Ralph, 150, 164, 199.
Merrick, Giles, 690.
, William, 690.
Merrimac River, 1159, 1284, 1293.
Merrit, Isaac, 1217.
Merry, Sir Thomas, 126, 175.
Merwarshope (St. Christopher), 150.
Meeae, Thomas, 661.
Meyer, John, 579, 582, 583.
Michell, John, a minister, 391.
Micklethwaite, Dr. John, 514.
Middelburg, 575, 579.
Middle Plantation (Virginia), 1169.
Middlesex, tobacco growing prohibited
in, 40, 71.
transportation from, 643.
coimty in Virginia, 1192.
Middleton, Arthur, 1102.
, Colonel, Surveyor of the Navy,
784.
, Benjamin, 1249.
, Thomas, 13.
, Thomas, 688, 871, 877.
MiKord Haven, 675(6), 1093.
Miller, Christopher, 944.
, John, 901.
, Mary, 944.
, Thomas, 1327, 1349.
Milner, Alderman Tempest, 514.
Milton, Anne, 1228.
Mingham, Francis, 1308.
Minors, William, 1295.
Miscellany Plantation (Hispaniola),
634.
Mixton, John, 213.
Modyford, Sir Charles, 762, 777, 798,
822, 839, 1347.
914
INDEX.
Modyford, Sir Thomas, 509, 630, 634,
637, 666-7, 672, 798, 828, 839.
873, 887, 1202, 1242, 1246, 1347.
Molesworth, Hender, 638, 1154, 1347.
Molina, Count de, Spanish Ambassador,
845.
Molineux, Sapcott, transported, 13.
Monmouth, James, Duke of, 1003. 1032,
1085, 1161, 1220.
Monmouthshire, tobacco in, 433, 602,
623, 682, 710, 781.
Monomaclc River. See Merrimac.
Montague, Sir Charles, 136.
Montagu, Ralph, Ambassador in
France, 1017.
Montgomery, Philip, Earl of, 203.
Montserrat, 150, 653, 658, 739, 852,
854, 898, 1062, 1141, 1230.
Governor of. See Byde, Moyer ;
Osborne, Colonel Roger ; Staple-
ton, Colonel Edmond.
Moore, John, 954, 1062.
Morel, Francis, 182.
Morgan, Sir Henry, 613, 1275, 1308.
, Isaac, 712.
. Sir Thomas, Governor of Jersey,
926, 1182
, Walter, 813.
Morice, Sir William, Secretary of State,
484, 488, 491, 509, 513, 522, 529,
536, 560, 572, 610, 677, 693, 747,
797, 920.
Morley, Susan, 978, 981.
, Captain Thomas, 758, 834, 978,
981.
Morrice, Capt. Robert, 1183, 1226,
1253.
Morton, Sir Albertus, 70, 72, 73.
. Sir Francis, 1171, 1276.
, Sir William, 611.
, William, of Connecticut, 632.
Mortimer, Maris, 949.
Moryson, Colonel Francis, agent for
Virginia, 611, 636, 695, 733, 1029,
1094-5, 1167-70, 1186, 1198.
Mosse, Peter, 837.
Mount, the (Plantation in Barbados),
688.
Mountfort, Thomas, 722, 727.
Moimthope (New England), 1245.
Mountney, Richard, 1047, 1056.
Mource, 1225.
Moukm, 182.
Much Maplestead, 714.
Mudd, Ambrose, 723(10), 760.
Mumford, William, 1190.
Munden, Captain Robert, 952-3.
Munsey, Mr., 382.
Munster, Vice-admiral of, 950.
Muscovy Company, 5, 1299.
Mutlow, Major, 1300.
N.
Nancimond Indians, King of, 1169.
Nantes, 739, 757.
Narborough, Admiral Sir John, 1278,
1289.
Narragansett, 1222-3, 1234, 1244^5.
Naunton, Sir Robert, 31, 43.
Navigation Acts, 490, 536, 537, 587,
598(12), 605, 618, 705, 765, 1046,
1100, 1113, 1227, 1275.
suspensions of, 649, 711, 719, 982,
1006, 1009.
dispensations from, 504, 606, 608,
644, 662-3, 757, 765, 774, 790,
926-7, 932, 937, 957, 990, 1047,
1270.
breaches of, 569, 575, 577-8, 601,
820, 823, 827-9, 928, 1011, 1072,
1182, 1287.
oath for plantation governors, 1078,
1080, 1171.
forms for passes, 1123.
Navy, commissioners of, 494, 511, 556,
559, 681, 704, 723(22), 762, 764,
821, 825, 834, 857, 908, 948, 1208,
1264, 1335.
officers of the, 1272, 1335.
Treastirer of the, 511, 728, 1183.
Naylor, William, 643.
Needham, Captain Robert, 888.
, Major William, 797, 803, 837.
INDEX.
915
Negroes, 560, 593, 629, 852, 856, 864,
1012, 1056, 1065, 1075, 1090,
1100, 1102, 1114, 1118, 1120,
1121,1131,1211,1237, 1242, 1246,
1259, 1341, 1347.
trade to Spanish Indies in, 587, 672,
852, 1054.
price of, 1011.
See also Africa.
Nelson, Robert, 530.
Neptune, 132, 328, 342, 450, 949.
Netheway, Major John, 1276.
Nevis (Mevis), 150, 651, 653, 700, 702,
723(14), 732, 844, 854, 898, 959(2),
964, 969, 980, 992, 1211, 1230,
1237, 1238(7), 1330, 1338, 1345.
breach of Navigation Laws, 820.
revenue of, 852, 878.
estate of English Smith, 833, 962,
971, 974.
Governor of. See Russell, Sir James.
Nevis Merchant, 959(2).
Now Amsterdam, 344, 730.
Newcastle, 193, 195, 675(6).
Newdigate (Newgate), Nathaniel, 732.
New England, 65, 78, 132, 151, 341-2,
389, 412, 504, 519, 521, 551, 553,
574, 608, 661-2, 669, 723, 756,
831, 844, 954, 957, 959-60, 962,
967, 1011, 1026, 1068, 1073, 1084,
1182, 1188, 1238, 1255, 1285, 1303.
Committee for, 302, 306, 313, 513,
515, 521, 585, 725.
Commissioners for, 576, 589, 632.
patent called in, 366.
monopoly of trade to, 74, 89.
Sir F. Gorges, debts in, 391, 416,
418, 422, 441, 462.
Indians of, 286, 289.
fisheries in, 65, 181, 413, 418, 426,
445, 942, 1023.
stores for, 79, 159, 258, 268, 387,
393, 443, 450-3, 455, 458, 465-70,
478', 615, 707, 723(13).
naval stores from, 644, 681, 699,
1272.
Navigation Acts in, 504, 601, 990.
Royal African Company in, 1013.
stay of ships for, 381, 383-5, 414.
New England — com.
Corporation for Propagation of
Gospel in, 510, 514, 528, 567.
disaffection in, 306, 326, 327, 328,
329, 1143, 1218, 1239.
disputed territory in, 1014, 1025,
1159, 1199, 1222-4, 1234, 1243.
See also Massachusetts, Connecticut,
Maine, Rhode Island, New Ply-
mouth.
Newfoundland, 1, 2, 4, 31, 33, 46, 60,
66, 180-2, 412, 414, 445, 578, 580,
617, 641, 645-6, 923(9, 10, 20, 21),
757, 760, 867, 885, 891, 909, 933,
939, 958-9, 975, 1020, 1040, 1069,
1079, 1105-6, 1124^5, 1130, 1238,
1294, 1299, 1339.
Committee for, 43, 610, 716.
iron worlis projected in, 51, 53.
stores for, 222, 424, 443, 450-2, 454-
6, 465-70, 675.
fish transported in English vessels
only, 282, 324-5.
beaver trade in, 1023.
dispute between fishers and planters,
460-1, 475, 915(3), 1128, 1136,
1194-5.
planters encouraged to emigrate,
917, 1023.
dispute between Western Ports and
Patentees, 362, 364-5, 369, 371.
rules for passes to, 1087.
additions to Charter for, 911, 915,
917.
suggested Governor for, 716, 735,
879, 889, 1023, 1350.
laws for, 323, 612, 915, 1023.
reports on, 1023, 1073.
fleet, regulations as to impressment,
137, 152.
, not to sail, 130-1, 135, 140,
934, 1204.
, convoy for, 752, 916, 1023,
1256, 1266, 1283.
New Hampshire, regulation for
Government of, 1293. public seal
for, 1304. See also Gorges, F.,
Mason, R.
Newhaven, 182.
916
nifDBX.
Newland, Benjamin, 1256.
New London (Conn.), 632.
Newman, Richard, 607.
, Thomas, 760.
New Netherlands. See Nev/ York.
New Plymouth, 59, 723, 1159, 1223-4,
1244, 1245, 1255, 1291, 1293.
Newport, Francis, Lord, 928.
, Thomas, 130.
Newton, Samuel, 1171.
New York, 601, 669, 723(17), 758, 825,
834, 938, 942, 986, 1152, 1212,
1238(4), 1334, 1344.
Dutch at, 730-1, 800, 809, 812, 819,
842, 850.
Scottish settlers for, 841, 848.
establishment for, 1288.
governors of. See Andros, Lovelace.
Niantio Country, 1234.
Nicholas, 661, 926-7.
Nicholas, Bernard, 846.
, Sir Edward, 279, 350, 352, 353,
484, 491, 505,-613, 522, 529, 536,
Sm, 572.
NichoUs, Francis, 559.
, John, 606.
, Colonel Richard, 615, 730-1, 888.
Nicholson, George, 570.
Nightingale, H.M.S., 967.
Nightingall, WiUiam, 1321.
Noble Katherine, 1238(8).
Noden, Hugh, 1004.
Noell, Sir Martin, 511, 514, 667, 676,
935.
, Thomas, 667, 676.
Nonesuch frigate, 994.
Norfolk, 88.
Norfolk, Thomas, Duke of, 594.
North, Francis, 1159.
, Captain Roger, 34-37, 39, 47,
54-57, 61-2, 64, 67, 69, 72-3, 76.
Northampton, James, Earl of, 1037,
p. 703.
Northbowood, 1321.
Northcott, Sir John, 716.
Northumberland, Algernon, tenth Earl
of, 454, 471, 539.
North-West Passage, 253.
Norton, John, 643.
Norway, 644.
Notre Dame of Havre de Grace, 187.
Nott, — , 130.
Nottinghamshire, tobacco destroyed
in, 172, 176, 1085, 1161, 1220.
Nottoways, King of, 1169.
Nova Scotia (Acadia), 530.
Committee on, 508, 529.
baronets of, 419.
claimants to, 508, 545, 548, 550,
554-5.
granted to Colonel Temple, 562.
restored to France, 734, 753, 787,
831, 835, 1245.
Dutch memorial concerning, 1271.
0.
Oakes, Henry, 560.
O'Brien, Morgan, 520.
Odway, Lieut. Edward, 1075.
Ogeron, Monsieur, 1017, 1026.
Old Abraham, 1016.
Old Harbovu: (Jamaica), 1202.
Olonne, 1, 2, 7, 1105.
Orange, Prince of, 997, 1038(3).
Orange Tree, 133, 575, 577, 579, 582-3,
681.
Orchard, WilUam, 723(2).
Ordnance, Commissioners of the, 695,
706, 746.
Lieutenant of the, 340, 495, 647.
Master of the, 492, 499, 502, 1096,
1101, 1133, 1141, 1174.
and see Carew, Lord ; Chicheley,
Sir Thomas ; Compton, Sir
William ; Vere, Lord,
officers of the, 494, 556, 559, 613-4,
777.
Treasurer of the, 1010, 1174.
Oreliana, 37.
Orgill, Andrew, 885, 1053.
Orkney Islands, 668.
Ormonde, James, Duke of, 513-4,
747, 1021, 1028, 1148, 1159,
p. 819.
INDEX.
917
Ormsby, Richard, 744.
Osborne, Charles, Surveyor of the
Customs, 1085, 1161.
, .lohn, 643.
. Col. Roger, Governor of Mont-
serrat, 601, 658.
, Thomas, 275.
Ossory, Thomas, Earl of, 747, 1021.
O'Sullivan, Captain Florence, 741, 788.
Otter, John, 643.
Otway, Captain, 1050.
Omner^s Adventure, 750.
Oxford, 13, 665.
Oxford, Aubrey, Earl of, 623, 966.
Oxfordshire, tobacco destroyed in, 602,
623, 682, 781.
Oxford frigate, 762, 777, 1307, 1320,
1322.
Oyapok (Wyapoco) River, 37.
P.
Pachew, Jacob, 1348.
Page, Gregory, 1272.
, John. 992.
, Matthew, 723(7).
, Robert, 374.
Paget, John, 1170.
, William, fourth Baron, 58, 122.
Paggin, William, 1168.
Painter, Sir Paul, 865, 901.
Palmer, Vice-Admiral Sir Henry, 164.
, John, 1334.
, Thomas, 275.
Palmeto Point, 535.
Pamunkey, Queen of, 1169.
Panton, Anthony, 446.
Paramour, 213.
Paris, 898, 914, 1051.
Parke, Colonel Daniel, Treasurer of
Virginia, 1149, 1250.
Parkin, Edward, 661.
Parry, Humphrey, 690.
Parshall (Pershore ?), 673.
Partnership, 723(5).
Partridge, .James, 643.
Passage Fort, 1202.
Patience Island, 1222.
Patuxet, (R.I.), 1025, 1224, 1244, 1291.
Pavia, Benjamin Nunez, 1348.
Payne, Edward, 458.
' John, 1084.
, Capt. Philip, 838.
, Richard, 1166.
Peach Tree of Barbados, 906.
Peachy, Thomas, 1012.
Peake, Sir John, 1238(4).
, Alderman Sir William, 514, 707.
Pearce, Abraham, 113, 158, 192, 219,
316.
, (Pearse, Perse), John, 219, 316.
See also Peirce, and Pierce.
Pearl, 772, 813, 950.
Peck, Henry, 607.
Peddoek, Elizabeth, 275.
Peirce, John, 1171.
PeUiam, Jonathan, 535.
, Lydia, 535.
Pelican, 723(7), 1152.
Penobscot, 1058.
Penoyer, Benjamin, 837.
Pensan, Samuel, 1038(3).
Pepperell, Captain 'Nicholas, 674.
Pepys, Samuel, 559, 902, 1105.
Pereira, Abram, 875.
, Isaac, 1059.
Pericuhtah, King of the Appomattox,
1169.
Perin, Francis, 217.
, George, 686.
Perkins, Caesar, 837.
, William, 633, 653.
Perry, (Hugh?), 252.
, Mieaiah, 1219.
Pescod, Mr., 1.53.
Peter, 185, 938.
Peter and John, 166, 174, 177.
Peter Bonaventure, 447.
Peterson, Derick, 933.
Petit, Ren6, 1273, 1313.
Petre, William, Lord, 58.
Petty Harbour (Nfd.), 461.
Philip, King, Indian Sachem, 1212,
1214, 1245.
Philip, 275, 723(17).
918
INDEX.
Philips, Augustine. 405, 407. 408.
, Frederick, 842.
, Nathaniel, 888.
, John, 12.38(6).
, Thomas, 440.
Phoenix, 994, 1064, 1107, 1114, 1122,
1172, 122ij.
Pickering, Gilbert, 1012.
Picket, John, 661.
Pierce, Samuel, 244.
, William, 367, 376, 393, 400, 435.
See also Pearce.
Pike, William, 958.
Pilgrim of Dartmouth, 760, 1030.
Pindar, Sir Paul, 202, 234-5, 252, 370.
Pintare, Nehan (Jvian ?) Perez, 961.
Piracy, 1, 2, 4, 885, 894, 1181, 1202-3,
1278, 1289, 1338, and see Algiers,
Sallee, Jamaica, West Indies.
Piscataqua, 268, 662.
Pitts, Josias, 1295.
Place, Col. Rowland, 1250.
Placentia (Nfd.), French fort at, 1023.
Plantations, Committee for. See Com-
mittee.
Council for. See Council.
Planter, 328, 342, 447.
Planter's Adventure, 1189.
Player, Sir Thomas, 622.
Plough of London, 200.
Plowden, Sir Edmond, 437.
Plumley, William, 1329.
Plymouth, 18, 54-5, 57, 74, 133, 182,
184, 267, 270, 273, 351, 415, 523,
575, 579, 609, 658, 675(6), 723(1
and 19), 739, 846, 975, 1077, 1105,
1130, 1289.
trade with Newfoundland, 31, 46,
135, 138, 140, 323-4, 460, 612,
716, 879, 891, 915.
Poetres, Francis, 374, 397, 432.
Point Comfort (Va.), 425.
Polhill, Nicholas, 405-8.
Pollard, Sir Hugh, 544, 572.
Pomponne, Monsieur de, 1051.
Pontneuf, Megelot de, 180.
Poole, 31, 46, 135, 140, 702, 723(2),
915, 958.
Poole, Captain William, 512.
Pope, Richard, 1338.
Port Royal (Jamaica), 1202, 1275,
1308, 1336.
Port St. Thomas (Ja.), 1202.
Portland, Jerome Weston, second Earl
of, 344, 572.
Portland, H.M.S., 1164.
Portsmouth, 151, 184, 206, 221, 268,
311-2. 644, 681, 699, 764, 1020.
(New Hampshire), 1199, 1293.
Portsmouth ketch, 858.
Portugal, 130, 414. 488, 519, 658, 735,
760, 1266.
Pory, John, 113.
, Thomas, mission to Virginia,
125.
Posthorse, 1272.
Potley, Christopher, transported, 13.
Potomac (Patawmeck, Ratowmeck)
River, 437.
Pott or Potts, George, 970, 1016.
, Mrs., 275.
Potter, John, 919.
Potts, Dr. John, 261, 264.
, Thomas, 970.
Povey, Richard, 586.
. Thomas, 899.
, William, 652, 677.
Powell, Captain John, 185.
, Captain Nathaniel, 167.
, Roger, 13.
, Thomas, 167.
, William, 167.
, Captain, 382.
Power, Richard, 1238(9).
Powle, H., 1275, 1284, 1293, 1317,
1333, p. 819.
President, Lord, 122, 1281.
Preen, Capt. John, 166, 177, 179, 193,
195, 230, 256-7, 259.
Price, Bartholomew, 1270, 1312, 1326,
1332.
, Denzil, 769.
, Elizabeth, 956.
, — , chaplain to Barbados Regi-
ment, 956.
Prime, Capt. Thomas, 175.
INDEX.
919
Prince of Bristol, 1338.
Prince Rupcilt of London, 1238(9).
Prior (Pryor, Pryer), Francis, 640, 661.
Privy Seal, Lord, 245, 302, 313, 330.
360, 513-4, 522, 529, 634, 693,
747, 851, 1021, 1027. 1231, 1245,
1281, 1325 ; and see Boberts, Lord.
Prosperous, 723(3), 1053.
Prout, William, 1238(2).
Providence, 723(4), 754, 1065, 1130,
1238(7).
Providence Island, 375.
Prudence yacht, 1062.
Pryn, Nicholas, 1168, 1183, 1226, 1253.
Puckering, Sir Henry, 737.
Puntis, John, Vice-Admiral of Virginia,
126, 175.
Pursley, John, 1152.
Py, — , 698.
Q.
Quaker ketch, 1211, 1237, 1259.
Quakers, in New England, 521.
transportation of, 640, 650 note, 651,
661, 678, 680.
Qiiarentini, John Baptista, 756.
Quebec, 298.
Queen of Swedland, 1006, 1009.
Quincy, Richard, 479.
Quonaniquett, 1222.
R.
Badisson, Pierre, 1057.
Radnor, Earl of. See Bobartes.
Baikes, Captain, 898.
Bainsford, Bichard, 1159.
Raleigh, Lady, 52, 205.
, Sir Walter, 10, 15, 18, 23, 26-7,
29, 38, 44, 75.
Ramsey, Robert, 910.
Randall, Samuel, 675(3), 750.
Randolph, Edward, 1143, 1216, 1218,
1239, 1284-5, 1303.
Banelagh, Richard, Lord, 1082, 1108,
1126, 1292, 1311.
Rapahannock River, 437, 1301.
Baynor, John, 578.
, Marmaduke, 168-70.
, (Roynor), Watsall, 275.
R6, Isle de, 225, 377.
Real Friendship of London, 675(1).
Rebecca, 374. 401, 428, 479, 973, 984,
1183.
Recovery, 1238(4).
Reeds, John, 1179.
Reeves, Matthew, 723(4).
Reformation, 328, 342, 723(9).
Remon, Nicholas, 1152.
Renowse (Nfd.), 1023.
Reserve, 609, 1283.
Rewttan, Peter, 130.
Reyer, John, of Bristol, 687.
Reynault, — , 238, 240.
Reynell, Thomas, 716.
Reynolds, Jacob, 523.
, William, 79.
Rezio, Abraham Levi, 869, 875.
, Antonio Rodriguez, 869, 875.
Rhode Island, 1025, 1222-4, 1233-4,
1236, 1244-5, 1291.
patent for, 576.
Rich, Sir Nathaniel, 136, 142.
, Sir Robert. See Warwick, second
Earl of.
Richard and Anne, 474.
' Richard and Elizabeth, 1168, 1183, 1226-
Richmotid frigate, 1313.
Richards, George, 1219.
, John, 1018.
Richardson, Edward, 722, 727.
, William, 983.
Ricroft, James, 279, 285, 287, 296,
309-10.
Rideau, de. Monsieur, 975.
Righton, William, 1295.
Rio de la Plata, 1342.
Ripple (in Gloucestershire), 337.
Risbee, James, 1152.
Risden, Robert, 754.
Robadeaus (Ribadeo ?), 743.
Robert of Bristol, 706, 723(18).
Robert Bonaventure, 273, 346.
920
INDEX.
Robartes, John, Lord. Lord Privy Seal,
484, 488, 572, 593, 610, 1317, 1353,
p. 819.
Robinson, George, 664, 667, 676, 935.
, Sir John, 821, 883.
, Philip, 714.
, Captain Robert, 867, 879, 889.
Rochester, 44. '
Rodney, Captain John, 796. 976, 983,
985.
, or Richardson, Frances, 983.
Roe, Thomas, 1018.
Rogers, Lewis, 1321.
Rolfe, John, 514.
Rome, 482.
Ronquillo, Don Pedro de, 1033, 1036.
Rooke, George, 209.
Roope, Gilbert, a pirate, 1, 2.
Roquemont, Claude de, 223-4, 227.
Rose, Captain, 1202.
Rose, 1096.
Rosebush frigate, 499, 502, 558.
Rosens, Daniel, 1237.
Rosse, William, 935.
Rothe, Su' Richard, 1040.
Rotterdam, 997.
Rouen, 182, 1053, 1313.
Rowden, Marmaduke, 653.
Rowe, Sir Thomas, 48, 472.
Royal Exchange, 723(22).
Rue, Balthazar de, 1242, 1246, 1347.
Rumsey, Col. John, 966.
Rupert Battery, Port Royal, 1275.
Rupert, Prince, 821.
Russell, Ann, transported, 30.
, Sir James, Governor of Nevis,
484, 601, 754, 820, S54, 976, 983,
985.
, Randolph, 1171.
, Richard, 455, 608.
, Wm., Lord, 1293, p. 819.
, Sir Wilham, 234-5, 239.
Ruth of Dartmouth, 1040.
Rutland, Francis Manners, sixth Earl
of, 58.
Ruvigny, Monsieur de, 740-1, 753,
770, 1017, 1057, 1066, 1093.
Ryder, Sir William, 864.
Ryland, John, 682.
S.
Saba, 854, 1310, 1316.
Sabin, Robert, 275.
Sacar, Capt. William, 168-70.
Sackville, Sir Edward, 91.
St. Albans, Henry, Earl of, 611, 779,
785, 799, 1045, 1250, p. 589.
St. Andrews, in Barbados, 595.
in Jamaica, 1202.
St. Anne of St. Malo, 975.
St. Barbe, — , 860.
St. Catherine's (Ja.), 1202.
St. Christopher, 214, 238, 241, 520,
535, 575, 579, 582-3, 653, 658,
732, 853, 860, 898, 1039, 1230,
1275, 1343.
discovery of, 150.
settled by Lord Carlisle, 201, 209,
273.
Dutch trade to, 577.
taken by French, 686, 1000.
expedition to recover, 700, 702-3,
741, 772. 863, 921, 1082, 1290.
restitution of by France, 779, 785,
787, 792, 799, 816, 818, 838, 1051.
disputes with French in, 1146, 1330.
distress in, 811.
settlers from Newfoundland, 917.
report on, 852, 854, 1148.
stores for, 423, 463, 1141.
tobacco from, 199, 200, 209, 280,
291, 335, 351, 356, 739.
troops in, 987, 1028, 1052, 1076,
1147.
See also Carlisle, Earl of ; Everard,
Clement ; Stapleton, Wm. ;
Warner, Th. ; Watts, Wm. ;
Wheeler, Sir C.
St. Domingo. See Hispaniola.
St. Eustatius, 854, 1310, 1316.
St. George, 186, 901, 904-5, 918.
St. lago de la Vega, 1115, 1202, 1210.
St. Ives, 238, 241.
St. Jacob of Staden, 1038(1).
St. Jean de Luz, 5.
St. John, 455, 739(twice), 901, 906.
St. John (New France,) 1058.
Saint John Baptist, 228, 687, 764.
INDEX.
921
666.
739,
1040.
St. John's (Nfd.), 461, 723(10).
St. John's Merchant, 1128.
St. Joseph, 1111.
St. Joseph and Anthony, 756.
St. Lawrence, 1006, 1009.
St. Leo, 180.
Saint Lucia, 476, 854, 1171.
St. Lucy in Barbados, 595.
St. Malo, 523, 873, 928, 975.
St. Martin, 988.
St. Martin's, 681.
St. Michael's (Barbados), 854, 1166.
St. Michael of Bilboa, formerly
Sapphire of Bristol, 954.
Si. Michael and Santo Domingo,
St. Nicholas, Thomas, 1115.
St. Peter, 180, 187, 658, 723(1),
750, 967.
St. Peter's in Barbados, 595.
St. Vincent, 598(9), 854, 1171.
Sallee pirates, captures by, 919,
Saltonstall, Sir Richard, 303.
Salvator of Staden, 1006, 1009.
Samford, Robert, 620.
Sampson, John, 1018.
Samson of London, 483, 1130.
Samuel of Newcastle, 193, 196.
San Thom6, 75.
Sancio Christo, 667.
Sanders, Edward, 1026, 1066.
, Joseph, 373
Sandford, Robert, 573.
, William, 843.
Sands, Thomas, 1179, 1219, 1314.
Sandwich, Edward, first Earl of, 491,
572, 610, 743, 747 margin, 760,
917, 928, 970.
Sandy, Walter, 413.
Sandys, Sir Edwin, 45, 102.
Sandys, George, 190, 192, 437.
, Richard, 1321.
Sapphire of Bristol, 954.
Sarah and Mary, 823.
Sarah Bonaventure, 130.
Satman, Robert (? Latman), 130.
Sawyer, Joseph, 1079.
Say and Seale, William, Viscount, 484,
488, 513-4.
Scanderbeg, 1130.
Scarborough, Sir Charles, 929.
, Edmund, 754, 808, 892, 924, 929.
Scarlett, Nicholas, 1202.
, Samuel, 723(13).
Scheneknigh, Bernard, 1102.
Scilly, 1093.
Scipio of London, 453.
Scotland, 419, 555, 668, 748.
Scottish Adventurers to Canada,
300-1.
trade with the plantations, 536-7.
privileges granted at New York
841, 848, 8.50.
Scottish servants for Barbados, 770.
Scots transported, 1229.
Lord Clerk Register of, 536.
Lord Treasurer of, 536.
Scotsmore, Robert, 275.
Scutt, Benjamin. See Skutt.
Sea Flower, 328, 342.
Seahorse, 130.
Searchfleld, Roland, 519.
Seaward, Humphrey, 546, 549.
Secretary of State. See Arlington,
Lord ; Coke, Sir J. ; Conway,
Lord ; Coventry, Henry ; Morice,
Sir W. ; Naunton, Sir R. ; Nicho-
las, Edward ; Sunderland, Earl
of ; Trevor, Sir John ; William-
son. Joseph ; Windebank, Sir F.
Segar, J'eter, 570.
Senegal, 739.
Sensorfe, Walter, 592.
Sereno, Solomon Mendez, 1348.
Servanna of G-alway, 706.
Seven Brothers, 486, 964.
Seville, H".5, 973.
Sewster, 'villiam, 686.
Seymour, Sir Edward, 57, 180, 716,
1134, 1159.
Shaftesbury, Anthony Ashley Cooper,
Ijord Ashley, and later Earl of,
484, 522, 559, 571-2, 604, 610,
615, 693, 703, 735, 747, 815, 917,
1273, 1284, 1293, p. 819.
Shaftesbury, 1238(9).
Sharp, Col. WiUiam, 838.
69
922
INDEX.
Sharps, Samuel, 168.
Sheafe, Harraan, 514.
Sheffield, Edmund, J,ord, 142.
Shelley, Edward, 448-9.
Shepherd, Richard, 837.
Sherbiirne, Edward, 559.
Sheves, Matthew, 1152.
Shirley (Sherley), Henry, 24.
, Sir Thomas, 24.
Shorten, Robert, 723(5).
Shorter, Sir John, 681, 1141, 1272.
Shi'opshire, tobacco in, 781.
Silva, Aaron de, 1059.
Silvester, Constant, 877.
Simpson, Rowland, 1093 1138, 1184.
Siveret or Syvorot, Philip, 1182, 1188.
Skutt, Benjamin, 702, 865.
, Joseph, 702.
Sliktenhorst, Gerrit, 819.
Slingesby, Henry, 917, 940, 978.
Smallwood, Captain Matthew, 256.
Smith, Benjamin, 1152.
, Elizabeth, 833.
, English, father of Elizabeth,
833, 962.
, English, junior, her brother,
833, 962.
, John, her brother, 833, 962, 971,
974.
. Thomas, her brother, 833, 962,
971, 974.
, Erasmus, 514.
, John of Barbados, 533.
, Major Lawrence, 1301.
, Nathaniel, 1295.
, Colonel Robert, 1029, 1250.
, Richard, 608.
, Richard of New England, 1222,
1223.
, Samuel, 1296.
. Solomon, 244.
, Sir Thomas, 5, 6, 8, 12-3, 32,
50, 86, 90, 92-3, 122, 136.
, William, 244.
, William of St. Kitts, 1000.
. William of London, 1321.
Smyth, John, 257.
, Captain William, 257, 259, 374.
Society, 1026.
Solicitor General, 3, 122, 141-2, 362,
365, 460, 475, 557, 631, 713, 871,
952, 1039, 1042, 1045, 1121, 1293,
and see Coventry, Sir T. ; Finch,
Sir H. ; Winnington, Sir F.
Somers Islands, See Bermvidas.
Somerscales, Henry, 176.
Somerset, Sir Thomas, 58.
Sothell, Seth, 1278, 1289.
Souder, 975.
Southampton, 31, 46, 135, 140, 151,
153-4, 156, 200, 202, 323, 415,
612, 723(4), 879, 915, 963, 1020,
1084.
(Long Island), 942.
Southampton, Thomas, Earl of, 192,
484, 488, 544, 559, 569, 571-2,
593, 615.
Southwark, Barbados Regiment quar-
tered at, 947-8.
Southwell, Sir Robert, 1021, 1070,
1081, 1148, 1216, 1241, 1284.
Southwold (Long Island), 942.
Snelling, Edward, 483.
Snode, Haimah, 275.
Spain, 11, 81, 501, 505, 664, 666, 743,
905, 964, 989, 1033.
treaties with, 970, 1206, 1217. See
also Madrid, Treaty of.
trade to, 130, 291, 412, 414, 443,
450-2, 455, 465-8, 488, 504, 560,
601, 662, 723(21), 735, 1266.
trade with Spanish Indies, 291, 587,
1252, 1275.
cruelties of Spaniards in America,
417, 760, 822, 943, 973, 1035-6,
1134, 1152, 1157, 1336, 1342. See
also Virgin, Humility.
Ambassador at Court of, 961, 972-3,
996, 1007, 1030, 1064, 1069, 1336,
and see Digby, Sir John ; Arling-
ton, Lord ; Aston, Lord ; Hop-
ton, Sir A. ; Goodrich, Sir H. ;
Godolphin, Sir W.
Ambassador from, in England, 45,
79-80, 85, 501, 743, 822, 905, 918.
943, 961, 965, 970, 972, 979, 984,
INDEX.
923
Spain — ^Ambassador from — cant.
1030, 1069, 1127, 1134, 1336, 1342,
and see Gondomar, Count of ;
Molina, Count of; Ronquillo,
Don Pedro de ; and Bergeyck,
Count de.
Sparks, Elizabeth, 581, ."jge.
, John, 581.
Sparrow, 453.
Speed, Thomas, 514.
Speedwell. 1068, 1072, 1084.
Spence, William, 684.
Spencer, Col. Nicholas, 1250, 1270.
, Robert, 878, 881.
Stade (Hanover), 1006, 1038(1).
Stafferton, Peter, 275.
Stamp, Martin, 961, 1007, 1035-6.
, Timothy, 961, 972, 1007, 1035.
Standish, Francis, 1063.
Stanfast, John, 1171.
Stanford, Richard, 1228.
Staplehill, Captain John, 741, 788.
Stapleton, Col. Edmond, 854, 1062,
1076.
. Sir William, 992, 1013, 1028,
1039, 1052, 1076, 1137, 1141,
1171, 1230, 1281, 1316, 1319.
, , petition of, 1132, 1352.
, , his arrears to be paid, 1 148.
, , claim to Tobago negroes,
1211, 1237, 1259.
, , letters from, 1330, 1353.
Star Chamber, Court of, 172, 198,
251, 286, 435.
Staynes, Thomas, 514.
Stede, Edwyn, 930-1, 1102.
Stephens, Captain Richard, of Vir-
ginia, 261, 295.
Steevens, Robert, 1295.
Stegg, Thomas, 390, 457.
Stent, Henry, 661.
Stepney, 944.
Stevens, Francis, 682.
Steward, Lord, 34.
Stirling, Sir Wm. Alexander, later
Earl of, 298, 301, 330, 360, 734,
942.
Stone, Henry, 351.
Stone, Nicholas, 1127.
Story, Samuel, 1168.
Stott, David, 293.
Stoughton, William, 1109, 1199, 1212,
1214-6, 1218, 1224, 1227, 1233-4,
1241, 1284.
Stratton, Joseph, 275.
Stringer, James, transported, 32.
Strode, Col. John, 878, 881, 890,
987, 991-2, 1005, 1028, 1107,
1114, 1120, 1122, 1144, 1172.
1282-3, 1298.
, Sir Richard, 159.
Stubbs, John, 681'
Stulsely, Sir Lewis, 26.
Sturgis, Simon, 275.
Stuyvesant, Oliver, 819.
, Peter, 730-1.
Success, 921, 948.
Suffolk, Thomas, Earl of, 225.
Summers, Solomon, 1349, 1351.
Sunderland, 723(3).
Sunderland, Robert, Earl of, 1246-7,
1250, 1275, 1284, 1316, p. 819.
Surinam, 485, 570, 723(5), 767, 769,
797, 803, 809, 837, 853, 858, 864,
1093, 1138.
restoreJ to the Dutch, 742, 749, 773,
776, 810, 814, 849.
recaptured, 856.
stores for, 723(16).
removal of English inhabitants, 849,
902, 1118, 1275, 1353.
Jews in, 1059, 1061. ;
Enghsh and Dutch cut off by
natives, 1275.
Governor of. See Byam, Colonel
William.
Surrey, tobacco growing prohibited
in, 71. transportation from, 527.
Sitsan, 970.
Susan and Helen, 458.
Susanna, 442, 1012, 1056, 1321, 1341,
1346.
Swan, Col. Thomas, 1250.
Swan, 1283.
Sweden, 644.
Swedish Resident, 675(5).
924
INDEX.
Sweepstakes, 853.
Sweeting, Henry, 661.
Swift, Thomas, 190.
Smftsure, 1152.
Swinock, Samuel, 846, 933.
Talbot, Captain, 1228.
Tangier, 739, 1040.
Commissioners for, 6-3.
plantation trade with, 802 26, 885.
passes to be granted £,o, 11'.
Tanguet, Jacques, 975.
Tapper, Richard, 351.
Tartas, Bernard, 180.
Tatlow, John, 597.
Tayloe, John, 955.
Taylor, Abraham, 244.
, James, 26, 906.
, Joan, 607.
, John, 443.
, John, 1349.
, Jonathan, 837.
, Richard, 966, 1003, 1085.
Temperance, 168-70.
Temple, Sir Thomas, Governor of
Nova Scotia, 508, 550-1, 562, 734,
831.
, Sir William, 810, 812, 814, 823,
835,901,904-5,997, 1059, p. 819.
Teneriffe, 505.
Tetuan, 958.
Tewkesbury, 337, 347, 433, 673.
Texel, the, 819, 823.
Thierry, James, 1006, 1130.
Thomas, Captain Josias, 702.
, Richard, 661
Thomas of London, 130.
Thomas and Francis, 1012, 1056, 1075,
1090, 1321, 1324, 1328.
Thomas and Mary, 965, 979, 984,
1002, 1033, 1048, 1185, 1206.
Thomas and William, 864.
Thomhn, Thomas, 622.
Thomson, Edward, 483.
, Maurice, 200, 281, 285?i, 287,
288, 296-7, 307, 312, 314, 471, 483.
Thompson, John, 750, 772.
, Joseph, 1238(9).
, Sir William, 514, 992, 1005.
Thomborough, John, 1121.
Thombury, Colonel, 1100, 1139.
Thombush, John, 1335.
Thomhill, Colonel, 1063.
Thorowgood, Adam, 338.
, John, 661.
Thorpe, Otto, 1189.
Thcjmes, Captain Nicholas, 1069.
Three Kings of Norway, 644.
Thrale, Mr., 541.
Thnrloe, Mr., 489.
Tiger, 1121, 1278.
Tilbury Hope, 250, 280, 322.
Titus, Silas, 917.
Tobacco, 134, 162(7), 165, 167, 238,
537, 561, 598(12), 667, 736, 963.
English, 40, 71, 172, 176, 183, 188,
197-8, 218, 278, 331, 337, 345,
347, 358, 3431, 392, 433, 503,
563-4, 602, 616, 623, 670, 673,
682, 710, 712-15, 781, 923, 925,
946, 966, 1003, 1085, 1161, 1220.
Virginia, 41, 77, 95-6, 141, 144-6,
157, 168-72, 190, 192, 197-8, 202,
210, 218, 250, 252, 262, 269-72,
276, 291, 312, 314, 318, 332, 334,
346, 388, 398, 439, 442, 564, 606,
736, 758, 927-8, 997, 1077, 1083,
1092, 1179, 1189, 1251.
Spanish, 148, 176, 183, 197.
from Barbados, 447, 748.
from Guiana, 6S-9, 72-3.
from St. Christopher, 199, 200, 269,
280, 211, 335, 351, 356, 739.
from Antigua 950.
from Bermudas, 41, 96, 99, 100,
116, 139, l':8-., 198, 202, 208, 291,
379, 1019.
from Maryland, 473, 566, 627, 636,
639, 722, 727, 733.
Irish, 218, 503.
imported from New England to
Jersey, 1068, 1084.
not to be carried to Carolina from
neighbouring plantations, 1273.
INDEX.
925
Tobacco — cont.
duties on, 9, 48, 148, 154, 208, 291,
1077, 1083.
farmers of the impost on, 6"), 72-3,
76, 202.
regulation of sale of, 148, 320, 380.
not contraband of war, 346.
ports of entry for, 155, 198, 291, 332,
415.
how prepared, 577.
stint of in Virginia, 473, 627, 636,
639, 733.
list of planters in Virginia, 275.
monojjuly of importation of, 49, 70,
139, 314.
Tobago, 628, 913, 920, 121), 1237,
1259.
Tochnell, Walter, 690.
Todos Santos, 741, 748.
Toms. Captain, 844.
Tooker, Captain William, 435.
Topsham, 578, 580, 675(6), 723(20),
891.
Torbar (Nfd.), 461.
Tortuga, 600, 634, 887, 1026, 1066,
1127.
Tosse, — , 954.
To thill, Thomas, 1202.
Totnes, 456, 716.
Totnes, Earl of. See Carew.
Toyer, William, 723(9).
Trafford, Colonel Francis, 482.
Tralee, 1338.
Tramlade, 975.
Transportation of criminals, 13, 25,
30, 32, 42, 50, 82, 88, 91, 217,
517, 525, 527, 607, 643, 675(3),
903, 1141, 1148.
general formula for, 12.
of Quakers, 640, 650 note, 651, 661,
678, 680.
of Scotch prisoners, 1229.
Travill, Nicholas, 342.
Treasurer, Mr., 43, 45, 122, 223, 302,
313, 330, 360, 928, and see
Berkeley, Sir Charles.
, Lord High, 16, 68-70, 87, 95,
106, 151, 154, 171, 181, 189, 200,
Treasurer, Lord High — cont.
202, 207-8, 210, 222, 242, 266-8,
270, 275-6, 282-3, 302, 312-3,
330, 360, 372, 377, 381, 383, 401,
414, 426, 428, 463, 478, 504, 513-4,
518, 522, 536, 598(14), 625, 637,
662, 693, 700,' 798, 956-7, 963,
969, 980, 1006, 1009-10, 1016,
1018-9, 1021, 1028, 1034, 1041,
1047, 1052-3, 1056, 1076, 1079,
1081, 1084, 1088, 1099-1102, 1126,
1131, 1140-1, 1148, 1165, 1174,
1179, 1182-3, 1207-8, 1218, 1228,
1235, 1238(8), 1240, 1290. 1292;
and see also Southampton, Earl
of ; Latimer, Viscount ; Danby,
Earl of.
Treasury, Commissioners of the, 51-2,
750, 755, 758, 768, 773, 788-9,
798, 813, 825, 830, 836-7, 849,
857, 874, 876, 878, 881-2, 884,
890-1, 895, 899, 900, 907, 910,
922. 930, 932, 936, 948, 951, 1254,
1258. 1280, 1288, 1313-5, 1319,
1335, 1351-2.
Treherne, Samuel, 640, 661.
Treece (Trist ?), River, 1134.
Trelawney, Robert, 273.
Trench, Dr., 514.
Trethewy, John, 611.
Trevor, Sir John, 810, 815, 822, 852,
901, 905, 913, 918, 920.
Trial of London, 256, 257, 259.
Trinidad, U52.
Trinity House, 132, 181, 257, 325.
Trinity parish, Jersey, 1084.
Trist (Campeachy Bay), 1275.
Trott, Perient, 1019, 1031, 1110, 1113.
True Love, 328, 342, 401.
Tubb, James, 1219.
Tuck, Mr., 57.
Tucker, Adrian, 441, 462.
Tugwell, Christopher, 866, 887.
Tully, John, 609.
Tunis, 491.
Turgus, Symon, 314.
Turkey Company, 488.
Turner, Elizabeth, 943.
926
INDEX.
Turner, Dr., 554.
, WiUiam, 275.
Two Brothers, 803.
Tyler, John, 1238(5).
Tyrrill, Samuel, 992.
Tyrwhitt, (Terwhit), — , 911.
Tyrwhitt, Francis, 992, 1082, 1108,
1126, 1292, 1311.
u.
Unicorn, 275, 1038(3), 1047.
Unity, 723(10), 964.
Upton, Hugh, 935.
Usher, Sir WiUiam, 7.
XTtye, John, 367.
Valentia, Viscount, 510.
Van Beeck, Nicholas, 1246.
Vandergraoht, John Crynsen, 767, 769.
Van Heusen (Vanhuiaon), Jasper, 560.
Vassall, Samuel, 250, 339, 343, 350,
352, 353, 354.
Vaughan, James, 1102.
, John, Lord, 1010, 1013, 1056,
1059, 1061, 1089, 1091, 1102,
1115, 1134, 1150, 1152, 11.54, 1163,
1174, 1177, 1193, 1246, 1257, 1274.
, John, High Sheriff of Hereford,
715.
, William, 1293.
Vega, Diego Ruiz de la, 81, 83, 84.
Venice, illicit trade to, 601, 926-8.
Venner, Samuel, 744.
Verds, Bay of, 454, 461.
Vere, Horace, Lord, 265.
Vice-Chamberlain. See Carteret, Sir G.
Viokers, Seveme, 1295.
Victory, 160, 459.
ViUa Viciosa, Don Antonio de, 666.
Vincent, William, 723(20).
Vines, Stephen, 744.
Virgin, 156, 970, 972, 984, 996, 1002,
1024, 1033, 1048, 1060, 1153, 1162,
1164, 1185, 1206.
Virginia, 3, 11, 24, 74, 78, 86, 105, 120,
125-6, 167, 175, 179, 207, 229,
292, 295, 311, 319, 348-50, 355'
368, 373-4, 376, 395, 409, 417,
420, 425, 434-5, 440, 571, 592,
608, 642, 729, 759, 898, 955, 961,
979, 984, 1047, 1092, 1149, 1200,
1207, 1219, 1221, 1265, 1268, 1304,
1309, 1327.
Company of, 5, 6, 8, 16, 41-2, 45,
59, 63, 77, 85, 87, 95-6, 98-104,
109, 111-2. 115, 117-9, 121-4,
129, 142, 162, 190, 192, 216, 336,
403.
Commissioners for, 103, 106, 108,
110, 115-6, 118, 122-4, 128, 129,
134-6, 139, 141-2. See also
Berry, Sir J.
new charter for, 107, 109, 111-4,
122, 124, 157, 212.
articles for government of (1638),
403.
land grants in, 315, 317, 336, 338,
390, 42], 437, 611, 1301.
convicts, servants, etc., sent to, 13,
25, 32, 42, 82, 88, 91, 217, 373-4,
486, 661, 903, 1229.
tobacco from. See Tobacco,
petition for incorporation (1675),
1029, 1045, 1074.
Bacon's rebellion in, 1097, 1167-8,
1173, 1178, 1183, 1186, 1189-92,
1197-8, 1205, 1226, 1251, 1253,
1279, 1286.
stores for, 87, 104, 128, 154, 161,
174, 177, 216, 256-7, 284, 363,
372, 401-2, 439, 442, 457, 474,
479-81, 761, 1088, 1096, 1101,
1261, 1322.
ships to and from, 153, 156-7, 166,
193, 195, 213, 230, 442, 531-2,
534, 542, 544, 642, 659, 687, 690,
722, 723, 851, 1C96, 1038, 1098,
1103, 1130, 1248, 1269, 1307.
Indians in, 87, 154, 162(15), 174,
211 (15, 16), 1074, 1169, 1196,
1250(5).
INDEX.
927
Virginia — cont.
military defences of, 147, 210-11,
695, 968, 1235, 1250, 1300.
drunkenness in, 189, 191.
lottery in aid of, 8, 63.
illicit trade to, 321, 334.
products other than tobacco en-
couraged, 157, 162(13), 211(13),
262, 564-6, 630.
list of commissions, etc., sent out,
1094-5.
laws for, 1231.
establishment for, 1288.
Governor of. See Berkeley, Sir W. ;
Culpeper, Lord ; Gates, Sir T. ;
Harvey, Sir J. ; West, Fr. ;
Wyatt, Sir F. ; Yeardley, Sir G.
deputy governor of. See Chicheley,
Sir H. ; Jefferys, H.
Virginia Berkeley, 723(6).
Virginia Merchant, 754.
Vyall, John, 1222.
Vvner, Sir Robert, 821.
w.
Wachtendoncke, John van, 1259.
Wake, Sir Isaac, ambassador in France,
283.
, Richard, 314.
Waldron (Walderne), Major Richard,
1293.
Walker, Alex., 1190.
, Edward, 368.
, Sir AValter, 530, 554, 578, 669,
886.
Walrond, Capt. George, 558.
, Col. Henry, 1166, 1171.
. . Colonel Humphrey, 509,
568, 619, 621.
Walter, Captain Robert, 1095.
Walton, Elizabeth, 955.
, Robert, 955.
Wannerton, Thomas, 370, 418.
Waonoke, Queen of, 1169.
Warburton, Sir Peter, 13.
Ward, John, 1334, 1344.
558,
Ware, Anne, 570.
Warner, Col. Augustine, 1250.
, Alderman Francis, 514, 608.
, Col. Philip, Governor of Antigua,
1037, 1039, 1042-3, 1064.
. — — , dismissed his Majesty's
service, 1137.
, Captain Thomas, Governor of
St. Christopher, 150, 164, 200.
, Thomas, an Indian, 1037, 1039.
Warren, Sir William, 644, 699, 1272.
Warwick, Robert Rich., first Earl
of, 55, 58, 102.
, , second Earl of, 97, 265.
Warwick (R.I.), 1025, 1224, 1233,
1244.
Warwickshire, tobacco in, 682, 781,
1161.
Wasey, Henry, 901.
Waterford, 739, 851.
Watson, Captain John, 723(6).
, Captain, 1107, 1225.
Watts, Colonel WiUiam, 601.
Wauchope, Dr. Frederick, 456.
Wauton, Robert. See Walton.
Webber, Captain Leonard, 952-3.
, William, 706.
Welfare, 505.
Wentworth, Sir John, 187, 196, 206,
220-1, 228.
West, Francis, 252.
, Henry, of Virginia, 1178, 1205.
, Captain Henry, trading to
Canada, 279, 285, 296.
, Captain John, of Virginia, 367,
435.
, John, an Indian, 1169.
, William, 1178.
West Indies, 3, 45, 203, 205, 265,
292, 476, 482, 484-8, 546, 640,
654, 680, 732, 746, 755, 768,
788, 826, 858, 860-2, 945, 949,
993, 998, 1104, 1127, 1130, 1172,
1276, 1324, 1342.
Dutch West India Company, 194,
405, 406-8, 906, 1225, 1242,
1246, 1347.
French in, 658, 1017. 1319.
928
INDEX.
West Indies — cont.
Spanish, 598(10), 743.
Spanish cruelties in, 822, 943, 973,
1035-6, 1134, 1152, 11.57, 1336,
1342. See also Virgin ; Humility;
Fitzgerald,
troops in. See Bridges, Sir T.
ships for, 185-7, 196.
made an entrepot for slaves, 587.
fleet in, 718, 721, 771, 921.
proposed treaty of neutrality in,
1319.
See also Caribbee Islands, Barbados,
etc.
West Looe, 1020.
Westminster, 40, 176, 512, 517, 607,
643.
Weston, Hugh, 373.
, Thomas, 79.
Weymouth, 31, 74, 135, 140, 323,
612, 675-6, 879, 915.
Whale, of London, 281.
Whaley, Samuel, 1004.
Wharton, George, 1088.
, James, transported, 88.
Wheatley, Captain, 653.
WTieeler, Sir Charles, 878, 881, 940,
977-8, 981, 987, 991-2, 1005,
1028, 1051, 1343.
Whetstone, Luke, 130.
Whitaker, Captain, 141, 145. 190.
, Laurence, 418.
Wh'tbournc, Captain Ricliard, 43,
60, 60.
White, Captain, 911, 1134.
, James, 941.
, John, 690.
, Joseph, 1117.
, William, 941.
Whiteehapel, 386, 389.
Whiteliall, Palace of, as sanctuary
1031.
Whiting, Capt. Wm.. 492, 502, 558.
Whitley, Roger, 631.
Whittenbury, Mary, 661.
Whittop, Thomas, 949.
Wickins, Edward, 297, 307, 309.
Wier, Francis, 1246.
Wight, Isle of, 209.
Wild, Joseph, 970.
Wiltord, Sir Thomas, 97.
Wilkes, , 18.
Willing Mind, 675.
William, 750.
William and Qeorge, 452.
William and John, 130, 211, 468, 701,
1152.
William and Mary, 606.
William and Nicholas, 758, 825, 834,
940, 981.
William and Sarah, 439, 1179.
William, and Susan, 674.
Williams, Sir Abraham, 418, 427,
437.
, John, 97, 750.
, Captain Maurice, 667.
, Robert, 668.
, Roger, 1224, 1244.
Williamson, John, 1127.
, Sir Joseph, 902, 997, 1021,
1058-9, 11.59, 1167, 1169, 1196,
1198, 1216, 1237. 1244.
, Ralph, 1229.
, Thomas, 1127.
Willoiighby, of Parham, Francis, first
Lord, 509, 520, 541, 546, 549,
557, 568, 570, 573, 581, 584,
59.5-0, 001, 619-22, 629, 642,
648, 652, 656-8, 665, 674, 677,
683, 688, 692, 698, 700, 702,
706, 737, 744, 801, 817, 830,
836, S.37, 1082, 1108, 1126, 1292.
dispute as to his rights, 485, 487
506, 543, 548, 599, 882.
instructions to, 576, 598.
cast away at sea, 697.
, Grace, widow of Captain Thomas,
858.
, Lieutenant General Henry (son
of William, Lord Willoughby),
Deputy Governor of Barbados,
702, 744, 783, 844, 853-4, 856,
860, 863.
. , John, 1171.
, Captain Thomas, planter in
Virginia, 261, 314.
INDEX.
929
A\'illoughby, Captain Thomas, 858.
of Parham, William, second
Lord, 619, 621, 624, 665, 671-2,
674, 677, 683, 685, 693-4, 697-8,
700-2, 704, 721, 723(11), 724,
737, 744-5, 748-9, 759, 763,
775, 778-9, 783, 788, 790, 792,
794, 805, 807, 813-4, 823, 828,
832, 836-7, 843-4, 852-3, 856,
860-2, 864-5, 869, 871, 874-5,
877, 881, 941, 1051, 1082.
. Lieutenant Colonel William, his
son, 832.
, William, of Virginia, 314.
Willoughby frigate, 921.
Wills, Anthony, 275.
Wilson, Edmund, 622.
, Elizabeth, 622.
, Gawen, 1018.
, Henry, 300.
, Robert, 662.
, Samuel, a London merchant,
662, 756.
, Sir Thomas, 28.
Wiltshire, tobacco in, 188, 946, 1003.
Winch, Humphrey, 917.
Winchaut, Jeffrey, 1006.
Winchester, Charles, Marquis of,
p. 819.
Winchcombe, tobacco destroyed at,
337, 347, 433, 602 note, 616,
623, 673, 966, 1032, 1085, 1161.
Windebank, Sir Francis, 302, 313,
330, 360, 448.
Winder, John, 1334.
Windsor, Thomas, Lord, Governor of
Jamaica, 516, 539, 547, 552,
556, 558 note, 559, 586, 593,
666.
Winford, Sir John, 1134.
, Thomas, 1134.
, William, 1134.
Wingate, Dorothy, 354.
, Boger, 354, 420.
Winnington, Sir Francis, SoHcitor
General, 1029, 1160.
Winslow, Edward, 519.
, Josiah, 1222, 1255.
Winter, Martha, 499.
, Richard, 607.
Winthrop, John (junior), 551, 942,
1222.
Wiseman, Sir Robert, 530, 678, 609,
967.
Witham, John, 661.
Withers, Major Jacob, 657.
Witt, Jlonsieur de, 901, 904-5.
Wolf, 454.
Wollestone, Samuel, 661.
Wolstenhokne, Sir John, 122, 142,
202, 234-5, 239, 252, 311, 391,
416, 418, 441, 462.
Wood, William, 606, 723(8), 940.
Woodcock, John, 396.
Woodhall, John, Virginia planter,
274, 333, 359, 378, 399, 409-10,
434.
Woodhouse, Captain Henry, Governor
of Bermudas, 163, 225.
Woolnough, Josuah, 514.
Worcester, Henry, Marquis of, 1021,
1177, 1333, p. 819.
Worcester House, 513.
Worcestershire, tobacco in, 188, 278,
433, 602, 623, 682, 710, 781,
926, 946, 1003, 1032, 1085, 1161,
1220.
Wormeley, Col. Ralph, 1250.
Wormley, Captain Christopher, 436.
Worsam, John, 906.
VVotton Basset, 188.
Wren, Matthew, 873, 924.
Wren, 138.
Wrote, Samuel, 106.
Wyatt, Sir Francis, Governor of
Virginia, 120, 126, 129, 154,
158, 171, 192, 418, 427, 430-2,
434, 436, 446, 472-3.
, Lady, 129.
Wyapoco. See Oyapok.
Y.
Yard, Warwick, 1006.
Yarmouth, 181, 592, 697.
Yate, Robert, 690, 997, 1111, 1238(1).
930
INDEX.
Yearaea, Anna, 943.
Yeardley, Sir George, 155, 161-3,
165, 175, 177-8, 192, 252.
, Ralph, his brother, 252.
, Lady Temperance, 252.
Yellows (Yhallahes), Captain, 984,
1202.
Yeomans (Yeamans), Sir John, 838,
1013.
York, county (Va.), 446, 1189.
, Archbishop of, 66, 302, 313, 330,
360.
York, Duke of, 491-2, 494, 496,
502, 511, 558 note, 576, 603,
617, 646, 695, 718, 721, 723(3), 731,
734, 751-2, 762, 768, 771, 777,
791, 800, 812, 819, 824, 829.
841, 848-9, 853, 858, 863, 885,
York, Duke of — cont.
894, 897, 902, 904, 924, 934,
942, 959(1-2), 1094. See also
Admiral, Lord High.
Yorkshire, tobacco destroyed in, 170,
710, 781, 966, 1003, 1085, 1161.
Young, Thomas, 723(2).
, Sir Walter, 716.
Young Prince, 1183, 1226.
Yucatan, logwood-cutting nt, 984.
z.
Zealand, 202, 809, 837, 964.
Zellar, James, 899.
Zoby, Joseph, 1342.
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