America and West Indies
June 1672

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Institute of Historical Research

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W. Noel Sainsbury (editor)

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1889

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364-381

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'America and West Indies: June 1672', Calendar of State Papers Colonial, America and West Indies, Volume 7: 1669-1674 (1889), pp. 364-381. URL: http://british-history.ac.uk/report.aspx?compid=70224 Date accessed: 18 April 2014. Add to my bookshelf


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June 1672

[June 5.] 843. Petition of Sir John Maynard, Knt., Sergeant-at-Law, to the King. In Hilary Term in the 22nd year of his late Majesty's reign, petitioner obtained a judgment of 2,000l. odd against James White, factor to Geo. Henly, merchant, deceased, to whom petitioner was executor in trust for his children. White to avoid the debt fled out of England, and dying the Indies, petitioner had advertisement thereof by letter from Thos. Isack, his administrator, acknowledging that said debt appeared in White's books at Barbadoes. That petitioner employed one to sue for said debt. and sent over an exemplification of the judgment, and was awarded execution; but before it was perfected a writ of error was brought on frivolous matters, as set forth, and thereupon judgment was reversed, but no reason given, as by copy of the order appears. The charge of suit in Barbadoes has stood petitioner in 150l., whilst any subject here might have attained an end for less than 10l. That petitioner appealed to Lord Willoughby, and stay has been made of the estate till a new trial be had, but knows not what has since been done; prays that the court in Barbadoes may resume the proceedings so as to award execution, and proceed without regard to formalities, allowing said exemplification as evidence: and that it be recommended to the Governor to see his Majesty's directions put in execution. Signed, John Maynard. In margin, "Debt in Barbadoes. Read June 5, '72." See ante, No. 349. I p. [Col. Papers, Vol. XXVIII., No. 62.]
June 9.
St. Jago.
844. Minutes of the Council of Jamaica. Whereas a horrid murder lately committed upon William Groudan, of St. Elizabeth's parish, by certain negroes, who took to the woods and stood on their own defence, but two of them are since killed by some persons, and another taken and sent to St. Jago; and whereas by a law of this island a levy is to be made in the parish to recompense the service and danger of those that took them, which is of mighty import to this island, but which at this time will not only be difficult but inconvenient; and whereas Mr. Groudan left no wife nor children, but an indifferent good estate, which in accordance with a nuncupative will was committed to one John Yeeles in trust for his children; Ordered, that Mr. Yeeles pay to John Vassall and Thomas Stanton and Christopher Pindar, Esqs., 15l. within one month after notice of this order, to be distributed amongst the persons concerned in taking said negroes. 1 1/2 pp. [Col. Entry Bk., No. XXXIV., 304–306]
June 10. 845. Additional instructions to Wm. Lord Willoughby, Governor of Barbadoes, in ralation to his Majesty's revenue there. His Majesty, finding he is charged with a debt of 14,055l. to the officers and soldiers of Sir Tobias Bridge's regiment, 6,000l. to the late Lord Francis Willoughby's daughters, for so much used of their moiety of the 4 1/2 per cent.; 14,000l. to several persons for shipping employed during the late war (though good grounds for considerable abatement); and to Lord Canoule [? Kinnoul] in satisfaction of his pretences to the island, 3,500l. as also 600l. per annum for five years and 1,000l. per annum after the expiration thereof for ever; all which sums are to be satisfied out of the said revenue of 4 1/2 per cent., which now stands charged with the same; and there being no other certain revenue for the support of the Governor and Government there, and his Majesty finding it necessary that the said debts be speedily satisfied and a convenient revenue provided for the future support of the Governor and Government there: (1.) He is with all speed to review and give his Majesty an account for the said shipping, using his utmost endeavours to retrench same; (2.) to endeavour to treat with the inhabitants about parting with the 4 1/2 per cent., as well for the good of his Majesty's service as for the ease of the inhabitants, to whom it seems very burdensome; and if he can raise so much as will satisfy all the said debts that shall be justly due, and further settle about 4,000l. or 5,000l. per annum for the future support of the Government there, he is empowered to come to absolute agreement with the inhabitants. (3.) But in case he cannot raise so much on parting with the said revenue, he is not to come to any final end, but certify his Majesty what he can do therein. (4.) In case he shall come to such final end as aforesaid, to discharge the several debts aforesaid in the order set down, and pay all monies into his Majesty's Exchequer in England or return same in commodities of the country. (5.) In the meantime, for support of the Government, he shall be allowed quarterly after the rate of 800l. per annum out of said revenue of the 4 1/2 per cent., for which the farmers of that revenue shall have defalcations accordingly. (6.) And he is to confer with the Governor of the Leeward Islands, that if the 4 1/2 per cent. appear more burdensome than other ways that may be contrived for the support of the Government there, his Majesty may send further instructions. 4 pp. [Col. Entry Bk., No. XCIII., fo. 57, 58.] N.B. Part of these instructions are also entered in Col. Entry Bk., No. XC11., 525–527.]
June 10.
London.
846. The Committee of Gentlemen Planters in London to the Speaker, to be communicated to the Assembly of Barbadoes by his Excellency Lord Willoughby. Advised them by their letter of 1st May 1671 of Lord Willoughby's wonderful affection to the country, and his jealous endeavours with Parliament to avoid the tax on sugars, without which they might have sunk under that burden. Cannot too often remind them of his continued endeavours for the welfare of Barbadoes, and doubt not they will find him pursue the same on his arrival. Received by the Assembly 13th November 1672. Signed by Ferdinando Gorges, Phillip Bell, and five others. 1 p. [Col. Entry Bk., No. XIII., 98, 99.]
June 17.
June 11.
(sic)
London.
847. The Committee of Gentlemen Planters in London to the Assembly of Barbadoes. Have written by this conveyance about public affairs, and this is only to accompany their noble and worthy friends Sir Peter Colleton and Col. Henry Drax, whose great industry in the concerns of Barbadoes merit their thanks, and from whom they will have full knowledge of all matters relating to the public concerns in England. Signed by Ferd. Gorges and six others. "By your worthy friend Sir Peter Colleton, received by the Assembly 13th November 1672." 1 p. [Col. Entry Bk., No. XIII., pp. 99, 100.]
[June 11.] 848. Petition of the merchants of Port Royal to Sir Thos. Lynch, Governor of Jamaica. Are emboldened to inform his honour of the prejudices and inconveniences which threaten them by the infinite number of Jews which daily resort to this island and trade amongst us, contrary to all law and policy; there being a positive Act of Parliament which gives a general proscription to them all, and others . . . to forbid positively any aliens to sell anything by retail. Their trading is a perfect monopoly, for they are a kind of joint stock company, and not only buy the choicest and best goods but frequently buy up whole cargoes, undersell petitioners, which they can better bear because of their own penurious way of living, and at last give the whole measure to the market. His Honour must have been sensible in his travels in Europe how these people ingross the whole trade where they are. And further being merely invited here by lucre, and being under no obligation of duty and allegiance, they can never be supposed to regard either any longer than their own interest leads to it; and though their trading seems to give reputation to the island, England receives no benefit, for all their merchandizes come from Holland, where they will transport themselves again with all their gains. Pray his Honour and Council "onely to allow those that are tollerated to Trade by his Majesty by wholesale and not by retail, and to forbid the remainder, according to the wholesome Laws of England." Signed, Tho. Skutt, Ben. Whetcombe, Henry Palmer, Thomas King, Richard Houghton, John Horkenhull, Dan. Jordan, Tho. Ledsham, Ben. Wyllys, Samuell Wills, Henry Standish, Robert Hewytt, Edw. Garway, Roger Hill, John Mohun, Henry Ward, Nath. Terry, Tho. Dickons, Maximilian Burt, William Davy, Jaques Lingart, Antho. Surjunner, William Bent, Henry Bodkin, Peter Hiley, Thomas Willoughby, John Saunders, Alexander Davis, Elias Southhorn, Lawrence Aylward, B. Whetcombe. Endorsed: Read in Council, 11th June, 1672. 2 pp. [Col. Papers, Vol. XXVIII., No. 63.]
June 11. 849. Minutes of the Council of Nevis. Present: Governor Stapleton, Col. Randall Russell, Deputy Governor, Walter Symonds, Major Dan. Lanhather, Wm. Burt, Christ. Woodward, Wm. Leach, Lt.-Col. Francis Morton, Capt. John Hughes, Justus Burkin, Capt. Jas. Russell, and Jos. Rokeby, Secretary. The oath of allegiance and supremacy was administered by the Governor to the above and they were sworn of his Excellency's Privy Council. The articles of Peace made at Madrid 8th and 18th July 1670 between his Majesty and the King of Spain were read and publication made for calling in all commissions, letters of marque and reprisall against the King of Spain's subjects. Ordered, that the James and two sloops sail to Saba and Tortola. [Col. Papers, Vol. XXVIII., No. 60.]
1670,
Aug. 22 to
1672,
June 11.
850. List of reports and advices by the Council for Plantations to his Majesty, delivered at several times to the Earl of Arlington, from 22nd August 1670 to 11th June 1672, as follows:—
1670, Aug. 22. Report on petition of inhabitants of St. Kitts about Commissioners names for taking possession of the island.
" Nov. 5. Commission and instructions to Major Bannister and for fetching off the English from Surinam.
1670, Nov. 17. Report about dividing the Leeward Isles from Barbadoes.
" Dec. 16. Commission and instructions to Sir Thos. Lynch, Lieut. Governor of Jamaica.
1671, Jan. 21. Commission and instructions to Sir Chas. Wheeler, Governor of the Leeward Isles.
" Jan. 21. His commission for taking possession of the English part of St. Kitts.
" Jan. 21. His commission and instructions for composing differences between the English and French.
" Feb. 14. Report on proposals of Sir Chas. Wheeler concerning ammunition, &c.
" March 2. Report concerning new rules and orders for the better carrying on the Newfoundland fishery.
" Aug. 3. Report about sending two more ships to Surinam to fetch off the remaining English.
" Aug. 12. Address to the King about sending Commissioners to New England with representation on the present state thereof.
" Nov. 24. Report to the King of the opinion of Council on Sir Chas. Wheeler's publication, together with copies thereof, and of his letter to the Governor of Dover.
" Dec. 7. Report to the King of the heads of a proclamation concerning Sir Chas. Wheeler's proceedings at St. Kitts.
" Dec. 20. Commission and instructions for a new Governor of the Leeward Isles.
" Dec. 20. Revocation of Sir Chas. Wheeler's commission.
" Dec. 20. Commission and instructions to Col. Wm. Stapleton for composing the differences between the English and French.
" Dec. 20. Report to the King concerning the several papers and despatches of Col. Stapleton, Governor of the Leeward Isles.
1672, April 2. Report concerning the general state of the Leeward Isles and the differences depending between the English and French at St. Kitts.
" April 15. New commission and instructions to Wm. Lord Willoughby, Governor of Barbadoes.
" April 15. A report upon Lord Willoughby's proposals.
" May 10. Report to the King about releasing the ship William and Nicholas laden with logwood lately seized by Sir Charles Wheeler at Anguilla.
" June 11. Report to the King about releasing Capt. Archibald Henderson, sent over prisoner from Antigua by Sir Charles Wheeler. 1 1/2 pp. [Col. Papers, Vol. XXVIII., No. 64.]
June 12.
Whitehall.
851. The King to Lt.-Col. Stapleton, Governor of the Leeward Islands. The Council for Foreign Plantations having reported upon the case of Capt. Archibald Henderson, planter of Antigua [see ante, No. 806], who was lately sent prisoner into England by Sir Chas Wheler, his Majesty requires him to restore said Henderson to his house and other real estate in Antigua, with liberty to proceed at law for the recovering of his personal estate taken from him by Sir Chas Wheler: and further authorises him with his council to hear and determine in a judicial way the crimes objected against said Henderson, that he may be punished or acquitted according to law. 1 p. [Col. Entry Bk, No. XCIII., fo. 57.]
June 12.
London.
852. The Committee of Gentlemen Planters in London to the Assembly of Barbadoes. Have received their letter of 6th December by Capt. Barber, and are very pleased with their good settlement and formidable order of the militia and repair of fortifications. As to the 4 1/2 per cent. not being appropriated to the uses mentioned in the Act, Lord Willoughby can satisfy them that it has been lately presented with their other addresses to his Majesty, and found no ill resentment, but think it improper in this juncture to make vigorous prosecution to draw anything from his Majesty's revenue, lest they be now denied what may hereafter be obtained in effecting whereof no diligence of theirs shall be wanting. Parliament is prorogued till October next, and next session will endeavour to prevent anything that may be moved to the prejudice of Barbadoes. As to the Act prohibiting any goods of the growth of the plantations to be imported into Ireland, till they have first paid customs in England, it was in the last session of Parliament couched under "An Act for the prevention of planting tobacco in England, and for regulation of the plantation trade," which passed the House of Commons without their knowledge; but before it passed the House of Lords they got several clauses left out and altered, which would have wholly excluded a supply of provisions not only from Ireland, but New England and other places also; which was as much as could be done. As to the Assembly electing Thos. Henchman for their solicitor, refer them to the order herewith sent, and to such reasons as they shall receive from Sir Peter Colleton and Col. Henry Drax. Have ordered Edward Thornburgh to remit them copies of all their transactions since 15th June last, as also accounts of the sales of their sugars, disbursements, and costs and charges of the ammunition herewith sent; by all which they will percieve that the stock intrusted to them is near exhausted, and they know that business of this nature is not to be negociated without great expense, besides the continual pains and attendance of such a person as the committee think fit for that employ, to which they desire timely answer. Signed by Phillip Bell, Edw. Pye, Ferd. Gorges, Ja. Lucie, John Bowden, John Gregory, and John Searle." By Capt. Collier, received by the Assembly 13th Nov. 1672." 2 pp. [Col. Entry Bk., No. XIII., 100–101.]
June 13.
Whitehall.
853. The King to Lieut.-Col. Stapleton, Governor of the Leeward Islands. Forthwith to restore to the owners, their agents, &c. the ship William and Nicholas, with her tackle, and lading of logwood to a great value, which was seized at Anguilla by Sir Charles Wheler, on pretence that he had a suspicion that she had made a breach of the peace with Spain. 1 p. [Col. Entry Bk., No. XCIII., fo. 59.]
June 13.
Jamaica.
854. Affidavit of the Secretary and Collector of Jamaica relating to the Advice of Cartagena, pretended to be brought in thither, which was enclosed in Sir Thomas Lynch's letter of the 20th June 1672. Bound by the Governor's instructions to take care of the due entry of vessels that come to this island, declare that no Advice from Cartagena, or any Spanish vessel whatsoever, was brought by any man-of-war into any port of this island since the arrival of Sir Thos. Lynch; nor have they heard of any pirate or privateer harboured in any of the islands or ports, or permitted to bring in any prizes hither. Sworn before Chief Justice John White, 13th June. Signed by Rob. Freman and Reginald Wilson. 1/2 p. [Col. Papers, Vol. XXVIII., No. 65.]
June 14. 855. Commissions to Michael Bellawney to be lieutenant of Capt. Barrett's troop; to — Radney, to be lieutenant to Capt. Talbot; James Touchet, to be cornet to Sir Jo. Talbot; and to — Maney to be cornet to Capt. Talbot, all in the Barbadoes regiment. Minutes only. [Dom. Entry Bk., Chas. II., Vol. 35A, p. 41 d.]
June 15.
London.
856. Thomas Henchman to the Assembly of Barbadoes. Since his last of 11th March last, in which he readily embraced their employment, has appeared at two meetings of their fellow planters. At the first, on 22nd March, they told him they would do nothing till Lord Willoughby came to town; and at the second, on the 7th inst., Lord Willoughby declared they might do what they pleased, whereupon they ordered that the place of solicitor should be totally suspended, but was told he should be employed if there were any occasion, yet finds no such thing in their order. Notwithstanding this order intends, according to the Assembly's directions by whom he is empowered to apply himself to their fellow planters, and if there be occasion will prosecute the Assembly's business with diligence. 1 p. [Col. Entry Bk., No. XIII., 116.]
June 17.
Whitehall.
857. Sec. Lord Arlington to Prince Rupert. Lord Clifford mentions a verbal order he received from his Majesty this afternoon, that his Highness should send orders immediately to Portsmouth for taking off the restraint on the East India and Plantation ships from the westward, that they may be at liberty to proceed up the channel; has thought fit to signify this to his Highness. 1/2 p. [Dom. Entry Bk., Chas. II., Vol. 39, p. 55.]
June 17.
London.
858. Edward Thornburgh to the Assembly of Barbadoes. Is commanded by the Gentlemen empowered in their affairs to send copies of all transactions since 15 June 1671, with accounts of sales of sugars and disbursements, and their own account; also invoices and bills of lading for ammunition laden aboard Capts. Williams and Collier's ships are herewith sent to Col. Wm. Bate. Returns grateful acknowledgment for their bountiful recompense of his attendance to 3rd Feb. last; but it exceedingly troubles him that he is under some misapprehensions with them: assures them it is no want of will or care in their service, as he doubts not his worthy friends Sir Peter Colleton and Col. Drax will witness. Will still attend where anything may be moved in their concerns, and give the gentlemen notice thereof, and if they think fit to continue his employment, hopes he shall attain to a better understanding in it. Received by the Assembly the 13th Nov. 1672. Encloses,
858. I. Minutes of meetings of the Committee of Planters for the public concerns of Barbadoes, July 13, 1671 to June 7th, 1672.
1671, July 13.—Present, Governor Lord Willoughby, Sir Peter Colleton, Sir Paul Paynter, and six others. The six heads for addresses to be presented to his Majesty, sent by the Assembly of Barbadoes, debated, and these ensuing thought fit to be prosecuted at present, viz.:—about the 4 1/2 per cent. being appropriated to other uses than by the Act intended; to procure free trade with Scotland, especially for servants; and to procure liberty to transport from Barbadoes any of the growth of the island to all places in amity with his Majesty, paying customs there.
Sept. 1.—Ordered, that a letter to the Assembly of Barbadoes in answer to theirs lately received be prepared; and that John Champante be paid his account of disbursements, 15l. 8s., for Barbadoes, and that his care and pains in procuring the arms and ammunition be recommended to the Assembly to be considered by them. Sept. 7. —Ordered, that Edward Thornburgh pay out of the produce of the sugar received from the Assembly of Barbadoes all money paid on subscriptions for their use, and perfect account with Jacob Lucie and receive or pay the balance.
Nov. 22.—Voted (nemine contradicente) that it would be no prejudice to Barbadoes that any planter or member of this committee subscribe to the stock of the new Royal Company; but that as many as are willing should become members of that Company, whereby in some measure they might influence the Councils of that Company for the good of Barbadoes.
1672, Feb. 7.—Ordered, that Ferdinando Gorges and Edw. Thornburgh draw a letter to the Assembly to be presented at their next meeting; that five guineas be presented to Dr. Needham for drawing up writings about the taxing of sugar in Parliament; that Col. Drax be paid 12l. 6s. for copying papers to be presented to Parliament men; that 8l. 9s. be paid to Sir Peter Colleton for papers printed for the public use of Barbadoes; that 40s., disbursed for the like use, be paid to Ferdinando Gorges; that Edward Thornburgh be paid 45l. 15s. for coach hire, necessaries, &c., and 100l. for his attendance on the Committee from Feb. 3, 1671 to Feb. 3, 1672, and he is ordered to continue his attendance on their affairs as formerly; that Ferdinando Gorges, Jacob Lucy, and John Bowden view the accounts relating to the public interest of Barbadoes, and report at next meeting; and that Edward Thornburgh forthwith provide four tons culverin shot, three tons demi-culverin, two tons saker, two tons minion and smaller shot, half ton musket shot, half ton pistol shot, six dozen shot moulds, ten reams cartridge paper, 10,000 cut flints, 20 lbs. wire, and five doz. gimlets for clearing touchholes, and load half aboard the William, Capt. John Williams, and half aboard the Constant Katherine, Capt. Thos. Collier.
1672, Feb. 19.—Resolved on debate of the addresses sent by the Assembly of Barbadoes to be presented to his Majesty, to insist only on two, which Lord Wil loughby has taken care to prefer to his Majesty and Council, and to desire the assistance of the committee, viz., liberty to transport Barbadoes commodities in qualified English ships to any place in amity with his Majesty, duties first secured; and trade from Scotland to Barbadoes with a certain number of Scott's ships yearly for a supply of people.
March 22.—Ordered that Bowden, Gorges, and Lucy examine and pass all Thornburgh's accounts relating to Barbadoes; that Thornburgh solicit at the Treasury Chamber for an order from the Commissioners to the Commissioners of Customs to ship the ammunition on Capts. Collier and Williams's ships custom free, if to be obtained in 10 days, otherwise to ship it and pay the custom; and that he exchange 40 barrels of the cannon powder bought of Robert Rich for 40 barrels of musket powder and two barrels for two barrels of priming powder, most of the powder paid by ships for the duty of the country being cannon powder.
June 7.—On consideration of the Assembly's appointment of Thos. Henchman as their solicitor, deferred on 22nd March last till Lord Willoughby should be present, who having left the matter wholly to the committee, said place of solicitor was suspended till further orders from the Assembly after the arrival of his Excellency. Ordered, that Col. Philip Bell and three others draw a letter to the Assembly, to be sent by his Excellency, to represent his wonderful care in the country's concerns, and another in answer to theirs received per Capt. Barber, and to advise them what more is needful, and that Edward Thornburgh send to the Assembly by the William copies of all orders of the committee since 15th June last, with accounts relating to this concern; and take bills of lading for the ammunition shipped aboard the William and Constant Katherine in a form prescribed.
858. II. Edward Thornburgh's accounts of disbursements by order of the committee for public concerns of Barbadoes, examined and allowed by three of the committee, 9th May 1672, viz., general account of expenses, amounting to 329l. 2s., which includes 97l. 15s. 6d. for sundry expenses at Whitehall, Westminster, and the city in entertaining the Lords and members of the Houses of Parliament and Councils, and 100l. to Edward Thornburgh; account of the sale of 30 butts of sugar by the ship Unity to Jonathan Woodhouse, amounting to 310l. 5s. 10d., after deducting 89l. 3s. 8d. for custom, commission, freight; account for 30 butts by the Aleppo Merchant, amounting to 243l. 11s. 9d., after deducting 98l. 4s. for custom, freight, damage; account of 10 butts by the Golden Phoenix, sold to John Fleet, amounting to 89l. 17s. 10d., after deducting 32l. 14s. for custom, freight, commission; general debtor and creditor account, amounting to 643l. 15s. 5d., showing balance in hand of 101l. 1s. 5d., after payment of expenses and of 206l. 6s. for charges of ammunition laden aboard the Constant Katherine and William. Together, 14 pp. [Col. Entry Bk., No. XIII., 102–115.]
June 19. 859. Petition of Lt.-Gov. Stapleton, the Council and Assembly of Montserrat, to the Council for Foreign Plantations. That their negroes, restorable by the 13th Article of the Peace of Breda, have been by several unjust means hindered from coming freely to petitioners; that such as have made election (being but a small number to the 649 lost) before the English and the French Generals to return to their English masters have been divided, one moiety to M. De Baas, to the discouragement of any more to return, and the other moiety detained by Sir Chas. Wheler, working on his plantation in Nevis; that petitioners being as great sufferers and as numerous as any of his Majesty's subjects in the Leeward Islands, beseech their Lordships to move his Majesty that the same care be taken of them in the restitution of their negroes as of those of St. Christopher's, and that they are in want of arms, ammunition, and especially of great guns; pray their Lordships to move his Majesty that a way be prescribed to cause the French to produce the negroes taken in the late war, to make their free election, or that the price be paid for negroes made away with, or in case of mortality; that Sir Chas. Wheler be forced to pay for the hire of the negroes detained, petitioners being forced to pay 100 lbs. sugar per month for each negro hired; that his private articles or time prescribed for demanding the negroes may no way bind them or deprive them of their right under the 13th Article of Breda: and that they be supplied with arms and ammunition. Endorsed, "Recd from Mr. Symms, 19 of June 1672. Read in Council 21 June 1672." 2 pp. [Col. Papers, Vol. XXVIII., No. 66.]
June 19.
Boston.
860. Robert Pike to Robert Mason at his house in Nicholas Lane, London. Has written several letters to Mason's kinsman and agent since he left those parts, but having had no answer concludes that he is dead or the letters have miscarried. Waited upon him at Piscataway on his voyage to England and had large discourse with him to accommodate differences between Mason and the Magistrates of the Province, and should be very ready to use his utmost endeavours to that end. The Magistrates continuing very desirous to see an amicable composure speedily effected, and knowing the great and long familiarity between himself and Mason's kinsman, requested him to write desiring that a happy agreement should be made and differences forgotten, and offering, if Mason should be pleased to join his Province to this (Massachusetts) as to government, they will add their (the Magistrates) authority to his right. If he should please to come to live in these parts, due respect would be paid him as the memory of his grandfather and his own great worth deserved in so meritorious a work as uniting the two Provinces under one government, wherein his advantages would be equal to theirs and nothing should be imposed upon him but shall seem reasonable and honourable, whereby all animosities would cease and there would be no need of engaging higher powers in those concerns. Hears that he has been in treaty with the King about the surrender of his estate; hopes it is not so; if any such thing should be, and nothing agreed, earnestly requests him not to proceed further till he has answered these proposals. Assures him that if he hearkens to these offers persons with full power will be deputed to conclude the affair to his own desire, which being effected on terms that he will find advantageous, will, he hopes, induce him to come to those parts at least to settle his estate, if not to stay there. Begs an answer by the first opportunity, so that he may give some account to the Magistrates to whom Mason's letters will be extreme welcome. Endorsed, "to be especially considered, the said Pike being an eminent lawyer at Boston, and from them making a tender of an addition of their authority to his right if he will join his Province to Boston as to government and deterring him from surrendering to the King." 1 p. [Col. Papers, Vol. XXVIII., No. 67.]
June 20.
Exeter House.
Shaftesbury
Papers.
861. Earl of Shaftesbury to his very affectionate friend Sir John Yeamans. By the last account that came hither from Carolina I find that you were not received there with such general satisfaction, nor so forwardly admitted to the Government we intended you as perhaps was imagined. I am sorry to find any differences at all among you, the causes whereof I shall not enquire into, but shall advise you, as my friend, not to make use of the Government we have put into your hands to revenge yourself on any who have spoke their apprehensions with that freedom which must be allowed men in a country wherein they are not designed to be oppressed and where they may justly expect equal justice and protection.
I have too great a value for your condition and ability not to desire the continuance of a right understanding between us, and therefore I must take the liberty to deal freely with you in a matter wherein we are both concerned, and tell you plainly that I cannot avoid thinking that the suspicions of those men who have expressed some fear of your management of the government had some ground. Since your too forward grasping at the government when you came first thither and your endeavours since to diminish the authority of our particular deputies, who are our representatives, and invested there with all our power hath given us even at this distance some umbrage. 'Tis in your power to sett all right. I know you have dexterity enough to do it. You are now upon foundations of a larger extent than are usual, and perhaps than in other places you have met with, and if you will but suit the management of your government to them and direct it wholly to the impartial prosperity of the whole plantation and all the planters in it, you will remove the jealousies which I must tell you some of the plantation have conceived of you, you will oblige the Lords Proprietors and reap all those advantages which are sure to attend him who is the greatest and most considerable man in a thriving plantation and who hath contributed much to the advancement thereof. For my own part I assure you that having set my mind on carrying on the plantation, and engaged my word that the people shall live safe there under the protection of a fair and equal government, upon confidence whereof most of the planters have come thither, I shall think myself extremely injured by any one who shall put such an affront on me as to make those who trusted me be deceived, and I am resolved at any rate rigorously to require satisfaction of any one who by any undue proceedings shall discompose the quiet of this settlement. On the other side I shall be as ready to acknowledge to any one whatever kindness they shall do or assistance they shall give to this plantation. I the more frankly make this declaration to you, Sir John, because you have already contributed much, and are like to do more, to the growth and increase of this place where you have a considerable and growing interest which ought to make you have the same concernment for it that I have.
I return you my thanks for the forward inclination you have shown to Carolina, and tell you moreover that you have it in your hand by endeavouring the public good of it to make me your friend as much and as long as you please. I am your very affectionate friend, Shaftesbury.
Last line in Locke's handwriting. [Shaftesbury Papers, Section IX., Bundle 48, No. 55, pp. 108–109. There is another copy, see No. 89.]
June 20.
Exeter House.
Shaftesbury
Papers.
862. Earl of Shaftesbury to his very affectionate friend Maurice Mathews. Refers to his letter of 15th December last (see ante, No. 690), wherein he sent his deputation and put into his hands all the power and share in the government Shaftesbury should have himself, were he in Carolina. Will find in their Fundamental Constitutions, temporary laws, and instructions the compass he is to steer by, wherein, if not deceived, the safety and prosperity of the people has been better provided for than ever was done in any other plantation. He is therefore obstinately to stick to those rules and oppose all deviations, since by their frame no body, power, or any of the Proprietors themselves is able to hurt the meanest man in the country if their Deputies have but honesty and resolution enough to keep things tight to those rules. The distinction of the Governor from the rest of their Deputies is a thing rather of order than of overruling power, and he has no more freedom than any one of the Council to swerve from those rules which his Lordship expects his Deputy exactly to follow. Desires him to choose for his Lordship a commodious signory to plant on, and when satisfied of his choice intends to stock it and lay out a good deal of money in making a plantation for himself, the ordering of which will be committed to his care. Is glad he has behaved himself so well towards the Indians that they have chosen him their Cassica, and he did well to ask leave of the Governor and Council before he accepted it. Begs him to be careful to use the Indians justly and kindly, and by none but fair means endeavour to unite them to us. Shall, if he answers expectations, be able to make him a more considerable cassique than any of the Indians there. The superscription is in Locke's hand. [Shaftesbury Papers, Section IX., Bundle 48, No. 55, pp.110, 111.]
June 20.
Shaftesbury
Papers.
863. Earl of Shaftesbury to his very affectionate friend, T. Gray. Finds by his letter he has done two considerable services, one in subduing their injurious neighbours the Cussoo Indians, the other in the discoveries he has made up Ashley and Cooper Rivers, for so the Lords Proprietors have named that which he calls Wando. "You have laid the beginning of your being known to me in a way which will oblige me to remember you with kindness. The service you have done the plantation and the civil account you have given me of it will deserve my regard, and I shall be very ready on all occasions to give encouragement to sober and active men, which is the character your actions have given of you. I desire you to continue on your endeavours for the good of a place which I will take care shall not ill reward you, and be assured that I desire the continuance of your correspondence with me." The superscription is in Locke's handwriting. [Shaftesbury Papers, Section IX., Bundle 48, No. 55, p. 111.]
June 20.
Exeter House.
Shaftesbury
Papers.
864. Earl of Shaftesbury to his very affectionate friend Governor West and the rest of the Council. Returns particular thanks for his prudence in the management of the affairs of the plantation, in the which he shall always have his Lordship's countenance and assistance. To keep to the rules of their establishment, it has been necessary for the Lords Proprietors to take the government out of Mr. West's hands, in which it has thriven very well, and to put it into the only Landgrave's upon the place. But is very sorry to find that Sir John Yeamans is not a man acceptable to the whole plantation. Knows how hard it is for jealousy to be removed and factions united, but that the quiet necessary for an infant settlement may not be disturbed by animosities that may arise, shall endeavour to find a Governor with the necessary qualification of being indifferent to the whole plantation, disinterested from all divisions in it, and a man not suspected or disgusted by any of the planters. Sees this will be unavoidable, though he has a very great respect for Sir John and no other exception to him, in order to preserve unity and a good understanding in the plantation. In the meantime recommends him to keep unbiassed to the rules in the Fundamental Constitutions, temporary laws, and instructions, and particularly are their Deputies to remember that they represent their persons, and therefore ought not to diminish their right by making themselves cyphers and submitting too much to the will of any Governor, for they ought to maintain their authority and share in the Government according to the Fundamental Constitutions. Having been careful to balance one another's power to prevent engrossing it into any one hand that the Palatine himself and so his Deputy the Governor hath but his limited proportion of it suited to the despatch of affairs. Recommends therefore his own good and interest to his own care, wherein Shaftesbury is sure to stand by him. Very much applauds his fair dealing in respect to their stores and debt. [Shaftesbury Papers, Section IX., Bundle 48, No. 55, pp. 112,113.]
June 20.
Exeter House.
Shaftesbury
Papers.
865. Earl of Shaftesbury to his very loving friend Mr. Joseph West. Is extremely well satisfied with his fair and punctual account of their stores and plantation, both public and private, and he has answered all the expectations they could have of an honest, sober, and prudent man. He will see by their public letters how well he has pleased the Lords Proprietors, and besides that mark of their respect given to him in a cassique ship, Shaftesbury will be ready on all occasions to consider him as a person to whom they principally owe the settlement of that plantation, and that they still very much rely on his steady care to keep the course they have chalked out for him. This, by having the disposal of their stores and being one of their Deputies, he will have as much power to do as if he were still possessed of the Government, which not any dislike to him, but the frame of their constitution took out of his hands. Presumes all the people are not well satisfied it is placed in Sir John's hands. Will provide the best they can against all inconveniences that may happen through jealousy, and expect their deputies, who are their representatives, to preserve things in the right way in the which they shall be supported. Care shall be taken to provide the wants he mentions. Desires him to continue by every opportunity the constant information he has sent of their affairs. [Shaftesbury Papers, Section IX., Bundle 48, No. 55, pp. 113, 114.]
June 20.
Jamaica.
866. Major James Banister to Joseph Williamson. Assurances of his great affection in return for his liberal kindnesses, and prays him to make trial thereof if any of his occasions happen this way. Indorsed, R. Oct. 2. 1 p. [Col. Papers, Vol. XXVIII., No. 68.]
June 21. 867. Temporary laws agreed upon by the Lords Proprietors of Carolina in seven sections "since the paucity of the nobility will not permit the Fundamental Constitutions presently to be put in practice, it is necessary, for the supply of that defect, that some temporary laws should in the meantime be made for the better ordering of affairs, till by a sufficient number of inhabitants of all degrees, the government of Carolina can be administered according to the form established in the fundamental constitution." 1. The Palatine to name the Governor and each of the Lords Proprietors a deputy, who with the Governor and an equal number chosen by the Parliament shall be Councillors till the Lords Proprietors order a new choice or the country be so peopled as to be capable of government according to the Fundamental Constitutions. And as Landgraves and Cassiques will be created by the Lords Proprietors so many of the eldest in Carolina as shall be equal to the number of Lords Proprietors' Deputies shall be also of the Council, that so the nobility may have a share in the government, and come as near the form designed as circumstances will permit. 2. The other seven Proprietors shall respectively nominate the following officers: The Admiral, the Marshal of the Admiralty, the Chamberlain, the Register of Births Burials and Marriages, the Chancellor, the Secretary, the Constable, the Military Officers, the Chief Justice, the Register of Writings, the High Steward, the Surveyor, the Treasurer, the Receiver. The Governor and Council to fill up vacancies in same until the pleasure of the Proprietors be known. 3. The Governor, Deputies, Landgraves, and Cassiques that are Council, and those chosen by the Parliament to be the Grand Council, the quorum to be the Governor and six Councillors, whereof three the Proprietors' Deputies. 4. That the number of Deputies be always kept full, vacancies to be supplied by the eldest of the Councillors chosen by the Parliament, and new Councillors chosen at the next session of Parliament, provided that if the Proprietor choose another Deputy the abovesaid cease to be Deputy and Councillor respectively. 5. The Parliament to consist of the Governor, Deputies nobility, and twenty chosen by the freeholders, with power to make laws to be ratified as provided in the Fundamental Constitutions. 6. All Acts made by said Parliament to cease at the end of the first session of the Parliament chosen according to the articles concerning Parliaments established in the Fundamental Constitutions. 7. The Fundamental Constitutions capable of being put into practice to be the rule of proceeding. Signed by Craven, Shaftesbury, Carteret, and Colleton. [Col. Entry Bk., Vol. XX., pp. 87–88.]
June 24. 868. Commission from Anthony Earl of Shaftesbury, Chief Justice of Carolina, to Joseph West, appointing him Register of all writings and contracts, with power to execute all things belonging to said office. [Col. Entry Bk., Vol. XX., p. 89.]
June 24.
St. Kitts.
869. Minutes of the Council of St. Kitts. Present, Wm. Stapleton, Governor, Col. Abed. Mathew, Col. Clem. Everard, Lt.-Col. John Estridge, Major Henry Crooke, Major Wm. Willett, Capt. Wm. Freeman, Capt. Edw. Fitch, Capt. Roger Elrington, Capt. Walter Symonds, and Justus Burkin of the Council of Nevis, and Capt. John Pogson, Deputy Governor of Statia. General Stapleton having commissioned Walter Symonds, Judge of the Court of Common Pleas in Nevis, to treat and determine all differences and disputes concerning the restoring his Majesty's subjects to their lands and goods within his Majesty's part of St. Kitts, and all other matters contained in the Peace of Breda, and Mons. de Baas' commision not having full power to treat upon all matters as aforesaid, it is ordered that Walter Symonds and the said Commissioner shall not debate on any matters that were referred to the two Generals Sir Chas. Wheler and Mons. de Baas, inasmuch as the Chevalier St. Lawrence and Mons. de Plessis, the French Commissioners, have declared to General Stapleton that they would insist on the articles concluded between Sir Chas. Wheler and Mons. de Baas and not on those concluded at Breda. Also ordered, that his Excellency make a protest against Mons. de Baas concerning the premises to be left with Governor Mathew and by him delivered to Mons. de Baas. The protest of Governor Stapleton dated 25th June and answer of the French Commissioners dated 4th July (? N.S.) 1672. 4 pp. [Col. Papers, Vol. XXVIII., No. 69.]
June 25.
Exeter House.
Shaftesbury
Papers.
870. Earl of Shaftesbury to his very affectionate friend Mr. Joseph West. To show him the respect and kindness his Lordship has for him he is made Register for the Province of Carolina, which power peculiarly belonged to his Lordship as Chief Justice, and he is by virtue of this authority to register not only the titles of the Lords Proprietors but of all deeds amongst themselves, no deed being good that is not registered. Desires him to be kind to Mr. Man and to write word how fit he is for a second overseer in any plantation his Lordship shall settle. Wishes an account of the stock of cattle on our plantation, what servants there are and when their times expire, what land he has planted and what the plantation with the appurtenances is worth; also desires his care in the choice of a signory either on Ashley or Cooper River, in a place of the greatest pleasantness and advantage for health and profit where there is high ground near a navigable river, and if it be above the tides flowing 'tis the better. [Shaftesbury Papers, Section IX., Bundle 48, No. 55, p. 115.]
June (29). 871. Grant to William Lord Willoughby of Parham to be Capt. General and Governor-in-Chief ov er the islands of Barbadoes, Santa Lucia, St. Vincent, Dominica, and the rest of the Caribbee Islands lying to windward of Guadaloupe which are or shall be under his Majesty's subjection, during his Majesty's pleasure. Also revocation of his former commission of 6 (?) December 1669, constituting him Capt.-General and Governor-in-Chief over all the Caribbee Islands. Endorsed, "29o Junii 1672." [Dom. Chas. II. Docquet.]
June 29. 872. Col. Chr. Codrington, Deputy-Governor of Barbadoes, to Sec. Lord Arlington. Since his of 3rd May has had nothing worthy his Lordship's knowledge, but the departure of this fleet now ready to sail, and a short account of Dominica. Has taken all care to make the fleet follow his Majesty's orders, appointing Admirals with instructions, and taking bond from the Commanders, but finds them very unwilling to call at the Leeward Isles, this being the time of hurricanes. Has notice from Dominica that the French have carried off the few men he put on there to hold formal possession, prisoners to Martinique. Intends speedily to demand them and the cause, and has put others on the island, who have built a house, the Indians promising not to permit the French to hurt them. Finds the Indians well satisfied with the men being there, and very kind to them. Hopes Mr. Lloyd, sent expressly with his last, has given his Majesty and his Lordship full satisfaction as to the island, mine and other concerns there, and to receive his Majesty's order thereon before long. Indorsed, "Read in Council the 13th November." 1 p. [Col. Papers, Vol. XXVIII., No. 70.]
June 29. 873. Copy of preceding with mem. In margin, "Read in Council 13th November 1672; original remains with the Earl of Arlington." 1 p. [Col. Entry Bk., No. XCIV., 126.]
June 29.
Barbadoes.
874. Instructions from Col. Codrington to Capt. Leonard Webber, admiral of the fleet of merchant ships bound from Barbadoes to England. His Majesty having for their greater safety commanded that the merchant ships trading to Barbadoes should sail in fleets, on certain days, and a certain course, he is appointed admiral of the fleet of 29 sail appointed to sail on the last inst., and to follow these instructions:—To take charge of the fleet, and sail from Carlisle Bay, at Speight's Bay to command all ships there to join him; and thence sail for Antigua, Montserrat, and Nevis, sending an express from Antigua to Montserrat and Nevis to advise of his coming, to receive into his fleet such vessels as are ready and not stay above 48 hours at each place; thence to make the best of his way for [blank], where he shall receive his Majesty's instructions. To take the advice of the Vice-Admiral and Rear Admiral, endeavour to keep the fleet together and preserve it from the attack of any enemy, giving account of his proceedings to his Majesty or H. R. Highness as required. With attested certificate by Geo. Hannay, signed by Leonard Webber, that this is a true copy of Col. Codrington's instructions. 3 pp. [Col. Papers, Vol. XXVIII, No. 71.]
[June 29.] 875. Petition of the inhabitants of Easthampton, Southampton, and Southold, in Long Island, to the King. Have spent much time, pains, and expense for the settling of a trade of whale-fishing in the adjacent seas, having endeavoured it above 20 years, but could not bring it to any perfection till within the past two or three years. It being now a hopeful trade at New York, the Governor and Dutch there require them to come under their patent and lay heavy taxes upon them beyond any of the King's subjects in New England, yet will not permit them to have any deputies in court. The Dutch being chief impose what laws they please, insult them and threaten to cut down the little timber that they have to make casks for their oil with, although the petitioners purchased their lands of Lord Sterling's deputy about 30 years ago and have been ever since 'under the government and patent of Mr. Winthrop, belonging to Connecticut patent, which lieth more convenient for their assistance in trade. Pray that they may continue under the same government, or else be made a free corporation; otherwise they must be forced to remove, to their great undoing and the damage of sundry merchants to whom they stand indebted. "Received June 29. Read July 3 and 19, 1672." Annexed,
875. I. Order of the King in Council. Referring the above petition to the Council for Foreign Plantations for their report, and the Council is desired to give notice to the Duke of York's Commissioners that they may attend when the petition is under consideration. Whitehall, 1672, July 3. Together 3 pp. [Col. Papers, Vol. XXVIII., No. 72, 72 I.]
June 30.
Jamaica.
876. Deposition of John Scott, formerly master of the sloop Beginning. In April last deponent being bound for the island, was chased and taken by a great Spanish ship, the Rozare, which after beating and abusing them carried them all to the Havanas; where deponent and six others were kept in prison 21 days without examination, when H.M. frigate Assistance being in the harbour they were sent all aboard, but the deponent's sloop was kept. Signed Jan Schodt. Sworn before Rob. Freman and Reginald Wilson 30th June 1672. Also deposition of Peter Collens testifies to the truth of same. 1 p. [Col. Papers, Vol. XXVIII., No. 73.]
1672 ? 877. Mem. That Lord Clifford is desired to write to Lord Willoughby to favour Chr. Codrington, Deputy Governor of Barbadoes, and whatsoever kindness is shown him shall be esteemed a particular favour done to the writer. This my Lord Arlington promised to do if my son Drax had not missed him before he went away. [Col. Papers, Vol. XXVIII., No. 74.]
[1672.] 878. Henry Drax to Sec. Lord Arlington. Has been much afflicted that he could have no opportunity of waiting on his Lordship before leaving for Barbadoes, for his letter to Col. Christopher Codrington, the Deputy Governor, owing to his Lordship's sudden departure for Holland. Begs leave to remind him about the silver mine discovered at Dominica. Relates how Col. Codrington's letters enclosed in one to himself, that gave his Lordship an account of that business, fell into Lord Willoughby's hands and were accidently seen, by a lady who came to see Mrs. Drax, in a window at Lord Willoughby's, whereby Lord Willoughby had the opportunity of being the first from whom the King heard thereof, which made Lord Willoughby endeavour to get a patent for it; but hopes Lord Arlington will procure one for himself and the first discoverer, viz., Col. Codrington and Mr. Leolin Lloyd, from whom he will receive this, and whom Codrington chose to send to Dominica for a full discovery of the mine, and now to his Lordship, who may give absolute credit to him. Begs leave to remind his Lordship of a letter he promised in favour of Col. Codrington to Lord Willoughby, who goes over with a great prejudice against Codrington, and will have the power and doubts not without his Lordship's letter the will to ruin him. In his Lordship's absence Lady Lovelace procured such a letter from Lord Clifford, but as it is there stated that it was granted on his frequent and earnest solicitation thinks it not proper to be delivered; besides one from his Lordship would be much more effectual. Endorsed, "Mr. Drakes." 2 1/2 pp.[Col. Papers, Vol, XXVIII., No. 75.]